Bouvier's Law Dictionary and Concise Encyclopedia

Spanish Law. Lands, town, and villages belonging to an abbot and under his jurisdiction. All lands belonging to ecclesiastical corporations, and as such exempt from taxation; Escri

To relinquish; forsake; give up. The word includes the intention. And the external act by which it is carried into effect. See Abandonment. An abandonee is the person in whose favo

In Civil Law. The relinquisbment of a slave or animal who had committed a trespass to the person injured, in discbarge of the owner's liability for such trespass or injury- Lf this

To abate. Yelv. 151. ABATE (Fr. ibattre, L. Fr. abater). To throw down, to beat down, destroy, quash. 3 Shars. Bla. Com. 168; Case v. Humphrey, 6 Conn. 140. See Abatement and Reviv

In Chancery Practice. A suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. It differs from an abatement at law in this; that in

One who abates or destroys a nuisance. One who, having no right of entry, gets possession of the freehold to the prejudice of an heir or devisee, after the time when the ancestor d

Anything diminished; as moncta abatuda; which is money clipped or diminished in value. Co well.

A great-great-grandmother.

Used for abamita, which see.

A great-great-grandmother's brother. Calvinus, Lex.

A great-great-grandfather, or fourth male ascendant.

The office of an abbot. The ernor having the rule of a religious house. Cunningham.

A monastery or convent for the use of an association of religious per. having an abbot or abbess to preside over them.

They were prelates in the 13th century who had had an Immemorial right to sit in the national assembly. Taylor, Science of Jurispr. 287.

A shortened form of a word, obtained by the omission of one or more letters or syllables from the middle or end of the word. The abbreviations in common use in modern times consist

Eccl. Law. Ofl whose duty it is to assist In drawing up the Pope's briefs, and reducing petitions Into proper form, to be converted into Papal Hulls.

Old Eng. Law. The forestalling of a market or fair.

See Abuttals. ABDICATION. A simple renunciation of an office; generally understood of a supreme office. James II. of England, Charles V. of Germany, and Christina, Queen of Sweden,

An abditory or hiding place, to hide and preserve goi ds, p Jacob.

Forcibly taking away a The unlawful taking or detention of any female for purposes of marriage, concubinage, or prostitution. 4 Steph. Com. 84. In many states this offence is creat

In Old Eng. Law. An apparent, plain, or downright murder, it was used to I'Lstiuguish a wilful murder from chance-medley, or manslaughter. SpeL; Cowell; Blount.

To encourage or set another on to commit a crime. This word is always ai>plied to aiding the commission of a crime. To abet another to commit a murder, Is to command, procure, or c

An instigator, or setter on; one who promotes or procures the commission of a crime. Old Nat. Brev. 21. The distinction between abettors and accessaries is the presence or absence

To accept the consequences of; to rest satisfied with. To abide by an order, judgment, or decree of a court, is to conform to, to execute. Taylor v. Hughes, (Me.) 4 Greenl. 433; Ho

In Scotch Law. A judicial declaration that the party abides by the deed on which he founds, in an action where the deed or writing is attacked as forged. Unless this be done, a dec

A definite conviction of guilt derived from a thorough cx- Lon Of the whole case. Hopt V. 120 U. S. 439, 7 Sup. Ct 614, 30 L. Ed. 708. ABIGEAT0RES. See Ahigeos.

The offence of driving away and stealing cattle iu numbers. See Abigetjs.

See Atugeus.

See Auickus. ABIGEUS ( I. at. abigere). One who steals cattle in numbers. stance distinguishes the abigeus from the fur, who was simply a thief. He who steals a single animal may b

When the word is used in statutes, it is usually construed as referring to pecuniary ability, as in the construction of Lord Tenterden's Act (q. v.); 1 M. & W. 101. A Wisconsin Act

Intestate. 2 Low. Can. 219. Merlin, Repert. AB INTESTATO (Lat. tcstatus, having made a will). From an intestate. Used both in the common and civil law to denote an inheritance deri

An absence of those palpable and physical defects which evidently incapacitate a person from performing the ordinary duties of a soldier. Darling v. Bowen, 10 Vt. 148. Ability to p

Papal ambassadors of the second rank, who are sent with a less extensive commission to a court where there are no nuncios. This title is equivalent to envoy, which see. ABNEP0S (La

The place in which a person dwells. See Vanderpoel v. O'Hanlon, 53 la. 246, 5 N. W. 119, 36 Am. Rep. 216. It is the criterion determining the residence of a legal voter, and which

A phrase used "when a case has gone off and no verdict has been pronounced, without the fault, contrivance, or management of the parties." Jebb & B. 51.

The fruit of an abortion; the child born before its time, incapable of life. See Abortion; Birtii; Breath; Dead-born; Gestation; Life.

Almost or approximately; near in time, quantity, number, quality or degree. The import of the qualifying word "about" is simply, that the actual quantity is a near approximation to

Higher; superior. As, court above, bail above, plaintiff or defendant above. Above all incumbrances means in excess thereof; Williams v. Mc Donald, 42 N. J. Eq. 395, 7 Atl. SCI!. A

A'Beckett's Reserved (Equity) Judgments, New South Wales.

A'Beckett's Reserved Judgments, Port Philip. A. C. Appellate Court;— Case on Appeal;— Appeal Cases, English Chancery; Law Reports Appeal Cases. A. C. [1391] A. C. English Appeal Ca

The destruction of or annulling a former law, by an act of the legislative power, or by usage. A law may be abrogated, or only derogated from: It Is abrogated when it is totally an

To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. Malvin v. Christoph, 54 la. 502, 7 N. W. 6. It has been h

One who absconds from his creditors. One who with intent to defeat or delay his creditors departs out of England, or being out, remains out. Bankcy. Act, 1883, § 4. The statutes of

The state of being away from one's domicil or usual place of residence. It may mean non-appearance. L. R. 1 P. & D. 169; 14 L. t; 604; Strine v. Kaufman, 12 Neb. 423, 11 N. W. 867.

Being away from; at a distance from; not in company with. Paine v. Drew, 44 N. H. 306, where it was held that the word when used as an adjective referred only to the condition or s

A landlord who resides in a country other than that from which he draws his rents. Mc Culloch, Polit. Econ.; 33 British Quart. Rev. 455. One who has left his residence in a state l

Completely. Absolutely void means utterly void; Pearsoll v. Chapln, 44 Pa. 9. Absolutely necessary may he used to make the idea of necessity more emphatic; State v. Tetrick, 34 W.

In Civil Law. A sentence win rehy a party accused is declared innocent of the crime laid to his charge. In Canon Law. A juridical act wherehy the clergy declare that the sins of su

In Politics. A government in which public power is vested in some person or persons, unchecked and uncontrolled by any law or institution. The word was first used at the beginning

In French Law. i renunciation of a succession by an heir. Merlin, RCpert.

A part of the record of a line, consisting of an abstri the writ of covenant and. the concord; naming the parties, the parcel of land, and the agreement. 2 Bla. Com. 35L

An epitome, or brief statement of the evidences of ownership of real estate and its encumbra See Smith v. Taylor, 82 Cal. 533 217; Simon Safe Deposit Co. v. Chisholm. 33 111. App.

That which is both physically and morally impossible. State v. Hayes, 81 Mo. 574.

See A. U. C. ABACTOR (Lat ab and agcre, to lead away). One who stole cattle in numbers. Jacob, Law Diet. One who stole one horse, two mares, two oxen, two she-goats, or five rams.

Everything which is contrary to good order established by usage. Merlin, Repert Among the civilians, abuse has another signification, which is the destruction of the substance of a

To reach, to touch. In old law, the ends were said to abut, the sides to adjoin. Cro. Jac. 184. Gloss. Abuttare. In the modern law, to bound upon. 2 Chit. Pl. 660. In Hughes v. R.

The walls of a bridge adjoining the land which support the end of the roadway and sustain the arches. See Board of Chosen Freeholders of Sussex County v. Strader, 18 N. J. L. 108,

One whose property abuts, is contiguous or joins at a border or boundary, as where no other land, road or street intervenes.

An owner of land which abuts or adjoins. The term usually implies that the relative parts actually adjoin, but is sometimes loosely used without implying more than close proximity.

An institution of learning. An association of experts in some particular branch of art, literature or science. See School. ACCEDASAD CURIAM (Lat. that you go to court). An original

The shortening of the time for the vesting in possession of an expectant interest. Wharton. ACCEPTANCE (Lat. accipere, to receive). The receipt of a thing offered by another with a

One who accepts a bill of exchange. 3 Kent 75. The party who undertakes to pay a bill of exchange in the first instance. The drawee is in general the acceptor; and unless the drawe

One who accepts a bill which has been protested, for the honor of the drawer or any one of the endorsers. Any person, even the drawee himself, may accept a bill supra protest; Byle

Approach, or the means or power of approaching. Sometimes by access is understood sexual Intercourse; at other times, the opportunity of communicating together so that sexual inter

Any thing which is J to another thing as an ornament, or to render it more perfect. For example, the halter of a horse, the frame of a picture, the keys of a house, and the lik. be

In Scotch Law. Those which are in some degree subservient to others. Bell Diet.

One made for assuring the performance of a prior contract, either by the same parties or by others; such as suretyship, mortgages, and pledges. It is a general rule that payment or

A contract which takes place when an individual intrusts personal property with the master of a vessel, to be sold for their joint account, In such case, two contracts take place:

Promissory notes or bills of exchange made, accepted, or endorsed without any consideration therefor. Such paper, in the hands of the party to whom it is made or for whose benefit

The act of giving birth to a child. It is frequently important to prove the fdiation of an individual; this may be done in several ways. The fact of the accouchement may be proved

A detailed statement of the mutual demands in the nature of debit and credit between parties, arising out of contracts or some fiduciary relation; Whit well v. Willard, 1 Mete (Mas

One who is versed in accounts. A person or officer appointed to keep the accounts of a public company. He who renders to another or to a court a just and detailed statement of the

An officer of the English Court of Chancery, by whom the moneys paid into court are received, deposited in bank, and disbursed. The office appears to have been established by an or

CHARTERED. Persons skilled in the keeping and examination of accounts, who are employed for the purpose of examining and certifying to the correctness of accounts of corporations a

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

An open or running account between two parties.

An agreed balance of accounts. An account which has been examined and accepted by the parties. 2 Atk. 251. An account cannot become an account stated with reference to a debt payab

To attempt to exercise royal power. 4 Bla. Com. 76. A knight who forcibly assaulted and detained one of the king's subjects till he paid him a sum of money was held to have committ

CLAUSE OF. A clause in a deed of settlement or a will providing that the share of one dying shall vest in the survivor or survivors.

To grow to; to be added to; to become a present right or demand, as the interest accrues on the principal. Accruing costs are those which become due and are created after judgment;

See Legacy.

A charge made to a competent officer against one who has committed a crime, so that he may be brought to justice and punishment A Dt may In some case* be considered a nor, or mispr

To charge or impute the corncm of crime or immoral or disgraceful conduct or official delinquency. It does not necessarily import the charge of a crime by judicial procedure; State

One who is charged with a crime or misdemeanor. See People v. Braman, 30 Mich. 468. The term cannot be said to apply to a defendant in a civil action; Castle v. Houston, 19 Kan. 41

One who makes an accusation.

Habitual; often used, synonymous with usual; Farwell v. Smith, 16 N. J. L. 133.

A canal for irrigation; a public ditch. Where irrigation is necessary, as in New Mexico, there is much legislation respecting public ditches and streams, and those used for the pur

also ACHATE, ACHATA, ACH- ET. In French Law. A purchase. It is used in some of our law-books, as well as nchctor, a purchaser, which in some ancient statutes means purveyor. Stat.

An ancient English measure of grain, supposed to be the same with our quarter, or eight bushels.

The act of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed. The acknowledgment is certified by the officer The f

A Bum paid by tenants of copyhold in some pai England, as a recognition of their sup lords. Cowell; Blount. Called a fine by Blackstone; 2 Bla. Com. 98.

An inferior church servant. who, next under the sub-deacon, follows and waits upon the priests and deacons, and i performs the offices of lighting the candles, car rying the bread

A counsellor. Spelin. Gloss. A FORTIORI (Lat.). With stronger rea- 8on; much more. A LATERE (Lat. latus, side). Collateral. Used in this sense in speaking of the succession to prop

Having personal knowledge of. Kelly v. Calhoun. 9"> U. S. 710. 24 L. Ed. 544. Acquaintance expresses less than familiarity; In re Carpenter's Estab Cal. 406. 29 Pac. 1101. It is "f

In French and Canadian Law. One who acquires title, particulai immovable property, by pure!

An estate acquired by purchase, l Reeves, Hist. ling. Law

In Civil Law. Property Which has been acquired by purchase, gift, or otherwise than by succession. Immovable property which has been acquired otherwise than by succession. Merlin.

A writ of justices, formerly lying for the surety against a creditor who refuses to acquit him after the debt has been satisfied. Reg. of Writs 158; Cow ell; Blount. ACQUIRE (Lat.

The act by which a person procures the property in a thing. The thing the property in which is secured. Original acquisition is that by which a man secures a property in a thing wh

A release or discharge from an obligation. The absolution of a party charged with a crime or misdemeanor. The absolution of a party accused on a trial before a traverse jury. Shack