Black's Law Dictionary

An absolute sentence or proposition (one that is plain without any scruple or ab-selute without any saving) needs not an expositor. 2 Inst. 533.

Unconditional; complete and perfect in itself, without relation to or dependence on, other things or persons,—as an absolute right; without condition, exception, restriction, quali

An absolute sale is one where the property in chattels passes to the buyer .upon the completion of the bargain between theparties. Truax v. Parvis, 7 "Houst. (Dei.) 330, 32 Atl. 22

An unconditional promise of payment or performance on the default of the principal. Mast v. Lehman, 100 Ky. 466, 38 S. W. 1056 ; Beardsley v. Hawes, 71 Co.nn. 39, 40 Atl. 1043; Far

The true and proper law of nature, immutable in the abstract or in principle, in theory, but not in application; for very often the object, the reason, situation, and other circums

On given without condition and intended to vest immediately.

Completely; wholly; without qualification; without reference or relation to, or dependence upon, any other person, thing, or event.

In Spanish law, nullity is either absolute or relative. The former is that which arises from the law, whether civil or criminal, the principal motive for which is the public intere

An absolute conveyance la one by which the right or property in a thing is transferred, free of any condition or qualification, by which it might be defeated or changed ; as an ord

In respect to chattels personal property is said to be "absolute" where a man has, solely and exclusively, the right and also the occupation of any movable chattels, so that they c

As applied to title to land, an "absolute" title means an exclusive title, or at least a title which excludes ali others not compatible with it; an absolute title to land cannot ex

A warranting or assuring of property against all mankind. It is, in effect, a covenant of title.

In the civil law. A sentence whereby a party accused is declared innocent of the crime laid to his charge. In canon law. A juridical act whereby the clergy declare that the sins of

Any system of government, be it a monarchy or democracy, in which one or more persons or a class, govern absolutely, and at pleasure, without check or restraint from any law, const

In Scotch law. An acquittal ; a decree in favor of the defender in any action.

Without. Occurs in phrases taken from the Latin; such as the following:

(Without rendering anything therefrom.) A grant from the crown reserving no rent 2 Rolle, Abr. 502.

In old practice. Without the consideration of the court; without judgment Fleta, lib. 2, c. 47, § 13.

Without thin. These are technical words of denial, used in pleading at common law by way of special traverse, to introduce the negative part of the plea, following the affirmative

Without impeachment of waste; without accountability for waste; without liabillty to suit for waste. A clause anciently often inserted in leases, (as the equivalent English phrase

(Lat without such cause.) Formal words in the now obsolete replication de injuria. Steph. PI. 191.

In French law. Keeping an heir from possession; also tacit renunciation of a succession by an heir. Merl. Repert.

n. An abstract is a less quantity containing the virtue and force of a greater quantity. A transcript ls generally defined a copy, and Is more comprehensive than an abstract. Harri

In old conveyancing. One of the parts of a fine, being an abstract of the writ of covenant, and the concord, naming the parties, the parcels of land, and the agreement. 2 Bl. Comm.

A condensed history of the title to land, consisting of a synopsis or summary of the material or operative portion of all the conveyances, of whatever kind or nature, which in any

In statutory construction, an "absurdity" is not only that which is physically impossible, but also that which is morally so; and that is to be regarded as morally impossible which

Extreme caution does no harm. 11 Coke, 6b. This principle is generally applied to the construction of instruments in which superfluous words have been inserted more clearly to expr

n. Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. Of corporate franchises. The abuse or misuse of it

See ABUSE.

To reach, to touch. In old law, the ends were said to abut, the sides to adjoin. Cro. Jac. 184. And see Lawrence v. Killam, 11 Kan. 499, 511; Springfield v. Green. 120 111. 269, 11

The ends of a bridge or those parts of it which touch the land. Sussex County v. Strader, 18 N. J. Law, 108, 35 Am. Dec. 530.

(From a but, q. v.) Commonly defined "the buttings and boundings of lands, east, west, north, and south, showing on what other lands, highways or places they abut or are limited an

In its original meaning, an association formed for mutual improvement or for the advancoment of science or art; in later use, a species of educational institution, of a grade betwe

In French feudal law. A species of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevalled in Languedoc and Guy-enne, being attached to

An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat Brev

Lat. (You go to the sheriff.) A writ formerly directed to the coroners of a county in England, commanding them to go to the sheriff, where the latter had suppressed and neglected t

The shortening of the time for the vesting in possession of an expectant interest.

To receive with approval or satisfaction; to receive with intent to retain. Also, in the capacity of drawee of a bill, to recognize the draft, and engage to pay it when due.

The taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if such acceptance had not been ma

Fr. In French law. Acceptance in case of need; an acceptance by one on whom a bill is drawn au besom, that is, in case of refusal or failure of the drawee to accept Story, Bills, §

Lat. In old pleading. To accept. Acccptamt, he accepted. 2 Strange, 817. Non acceptavit, he did not accept 4 Man & G. 7. In the civil law. To accept; to assent; to assent to a prom

In French law. Acceptor of a bill for honor.

In the civil and Scotch law. A release made by a creditor to his debtor of his debt, without receiving any consideration. AyL Pand. tit. 26, p. 570. It is a species of donation, bu

The person who accepts a bill of exchange, (generally the drawee,) or who engages to be primarily responsible for its payment.

One who accepts a bill which has been protested, for the honor of the drawer or any one of the indorsers.

Approach ; or the means, power or opportunity of approaching Sometimes importing the occurrence of sexual intercourse ; otherwise as importing opportunity of communication for that

In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense, becomes guilty of such offense, no

A phrase used in the law of divorce, and de-rfved from the criminal law. It implies more than connivance, which is merely knowledge with consent. A conniver abstains from interfere

In Roman law. An increase or addition; that which lies next to a thing, and is supplementary and necessary to the principal thing; that which arises or is produced from the princip

The right to all which one's own property produces, whether that property be movable or immovable; and the right to that which is united to it by accession, either naturally or art

Co. Litt. 152. That which is the accessory or incident does not lead, but follows, its principal.

An accessary follows the nature of his principal. 3 Inst 139. One who is accessary to a crime cannot be guilty of a higher degree of crime than his principal.

Anything which is joined to another thing as an ornament or to render it more perfect or which accompanies it or is connected with it as an incident or as subordinate to it or whic

In Scotch practice. An action which is subservient or auxiliary to another. Of this kind are actions of "proving the tenor," by which lost deeds are restored; and actions of "fran-

In the civil law. A contract which is incident or auxiliary to another or principal contract; such as the engagement of a surety. Poth Obi. pt. 1, c. 1, § 1, art 2. A principal con

In the civil law. An obligation which is incident to another or principal obligation; the obligation of a surety. Poth. Obi. pt. 2, c. 1, § 6w In Scotch law. Obligations to anteced

In Scotch law, this is the term equivalent to "active" or "special" trust. See infra.

An unforeseen event, occurring without the will or design of the person whose mere act causes it; an unexpected, unusual or undesigned occurrence; the effect of an unknown cause, o

that form of insurance which undertakes to indemnify the assured against expense, loss of time, and suffering resulting from accidents causing him physical injury, usually by payme

Lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to be satisfied out of assets quando acciderint; i. e., when they shal

In Spanish law. A right of action; also the method of judicial procedure for the recovery of property or a debt. Escriche, Die. Leg. 49.

To accept anything as a reward for doing Justice is rather extorting than accepting. Lofft, 72.

To pay relief to lords of manors. Capitali domino accipitare, i. e., to pay a relief, homage or obedienco to the chief lord on becoming his Vassal. Fleta, lib. 2, c. 50.

In the civil law. One who Inhabits or occupies land near a place, as one who dwells by a river, or on the bank of a river. Dig. 43, 13, 3, 6. In feudal law. A husbandman; an agri-c

In maritime law. A contract between the owner of goods and the master of a ship, by which the former intrusts the property to the latter to be sold by him on their joint account. I

An arrangement or engagement made as a favor to another, not upon a consideration received; Homething done to oblige, usually spoken of a loan of money or commercial paper; also a

See Indorsement.

(Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent.

An accommodation bill or note is one to which the accommodating party, be he acceptor, drawee or indorsee, has put his name, without consideration, for the purpose of benefiting or

Works which a wall way company is required to make and maintain for the accommodation of the owners or occhpiers of land adjoining the railway; e. g., gates, bridges, cniverts, fen

In criminal law. A paason who knowingly, voluntarily, and with common intent with the principal offender udltes ip the commission of a crime. Clapp v. State, 94 Tenn. 186, 30 S. W.

n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bsr to all actions upon this account. Kromer v. Heim, 75 N. Y. 576, 31 Am

An agreement between two persons, one of whom has a right Of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the ri

Fr. and Eng. Agreeing ; concurring. "Baron Parker, accordant," Hardr. 93; "Holt, C. J., accordant," 6 Mod. 299; "Powys, J., accord," "Powell, J., accord," Id. 298.

The act of a woman in giving birth to a child. The fact of the accouchement, proved by a person who was present, is often important evidence in proving the parentage of a person.

A detailed statement of the mutual demands In the nature of debt and credit between parties, arising out of contracts or some fiduciary relation. Whitwell v. Wlllard, 1 Mete. (Mass

Subject to pay; responsible ; liable. Where one indorsed a note "A. C. accountable," it was held that, under this form of indorsement, he had waived demand and notice. Furber v. Ca

An Instrument acknowledging the receipt of money or personal property, coupled with an obligation to account for or pay or deliver the whole or some part of it to some person. Stat

One who keeps accounts , a person skilled in keeping books or accounts; an expert in accounts or bookkeeping. A person who renders an account. When an executor, guardian, etc., ren

An officer of the court of chancery, appointed by act of parliament to receive all money lodged in courj:, and to place the same in the Bank of England for security. 12 Gco. I. c.

A book kept by a merchant, trader, mechanic or other person, in which are entered from time to time the transactions of bis trade or business. Such books, when regularly kept, may

An account to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an account stated. Bass v.

An open or running cr unsettled account between two parties.

Duties payable by the English customs and inland revenue act, 1881, (44 Vict. c. 12, § 38.) on a donatio mortis causa, or on any girt, the donor of which dies within three months a

The making up and rendition of an account, either voluntarily or by order of a court. Buxton v. Edwards, 134 Mass. 567, 578. May include payment of the amount due. Pyatt v. Pyatt,

In practice. "Account," sometimes called "account render," was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, recei

An account made out by the creditor, and presented to the debtor for his examination and acceptance. When accepted, it becomes an account stated. Wiggins v. Burkham, 10 Wall. 129 ,

The settlement of an account between the parties, with a balance struck in favor of one of them ; an account rendered by the creditor, and by the debtor assented to as correct, eit

To unite; to marry. He unques decouple, never married.

In international law. (1) To receive as an envoy in his public character, and give him credit and rank accordingly. Burke. (2) To send with credentials as ,an envoy. Webst. Diet.

L. Lat. In old records. To purge an offense by oath. Blount; Whishaw.

In the civil and old English law. To grow to; to pass to, and become united with, as soil to land per al-Imnonem. Dig. 41, 1, 30, pr.

The act of growing to a thing; usually applied to the gradual and imperceptible accumulation of land by natural causes, as out of the sea or a river. Accretion of land is of two ki

To encroach; to exercise power without due authority. To attempt to exercise royal power. 4 Bl. Comm. 76. A knight who forcibly assaulted and detained one of the king's subjects ti

Fr. In French law. To delay; retard; put off. Accrocher un prods, to slay the proceedings in a suit.

To grow to; to be added to; to attach itself to; as a subordinate or accessory claim or demand arises out of, and is joined to, its principal; thus, costs accrue to a judgment, and

An express clause, frequently occurring In the case of gifts by deed or will to persons as tenants in common, providing that upon the death of one or more of the beneficiaries his

Inchoate; In process of maturing. That which will or may, at a future time, ripen into a vested right, an available demand or an existing cause of action. Cochran v. Taylor, 13 Ohi

Costs and expenses Incurred after judgment

Running or accumulating interest, as distinguished from accrued or matured interest; interest dally accumulating on the principal debt but not yet due and payable. Gross v. Partenh