The Cyclopedic Law Dictionary

In Spanish law. Lands, towns, and villages belonging to an abbot, and under his jurisdiction. All lands belonging to ecclesiastical corporations, and as such exempt from taxation.

Disabled; unable to act. AB ANTE (Lat. ante, before). In advance. AB ANTECEDENTE (Lat. antecedens). Beforehand. 5 Maule & S. 110. AB ANTIQUO (Lat.) Of old.

A party to whom a right or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Lord Ellenborough, C. J., 5 Maule & S. 82; Abbott, J.,

Relinquishment; surrender; desertion; waiver. Of Property. The relinquishment of property or right with intent not to reclaim the same. It implies a relinquishment to the public ge

or ABANDUM. Anything sequestered, proscribed, or abandoned. Abandon, i. e., in bannum res missa, a thing banned or denounced as forfeited or lost; whence to abandon, desert, or for

No injury is done by things long acquiesced in. Jenk. Cent. Cas. Introd. viii. AB EPISTOLIS (Lat.) An officer having charge of the correspondence (epistolae) of his superior or sov

To abate. Yelv. 151.

(Fr. ahattre. Law Fr. abater, signifying to throw down). In Practice. A suspension of all proceedings in a suit, from the want of proper parties capable of preceding therein, as on

Awrongful entry by a stranger on lands of a decedent before the heir or devisee has taken possession. 3 Bl. Comm. 167. See, also, "Amotion;' "Intrusion;" "Disseisin."

One who abates or destroys a nuisance. One who, having no right of entry, gets the ancestor died, and before the heir or devisee enters. Litt. § 397; Perk. § 383; 2 Prest. Abstr. 2

Anything diminished; as, moneta abatuda, which is money clipped or diminished in value. Cowell.

The government of a religious house, and the revenues thereof, subject to an abbot, as a bishopric' is to a bishop. Cowell.

In Scotch Jaw. An abstract. Ersk. Inst. bk. 2, tit. 12, § 43.

In Scotch law. The recorded abstract of an adjudication {q. v.) ABBREViATiO PLACITORUi Vl. An abstract of ancient judicial records, prior to the Year Books. See Steph. PL (7th Ed.)

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

In ecclesiastical law. Officers whose duty it is to assist in drawing up the pope's briefs, and reducing petitions into proper form, to'be converted into papal bulls.

In old English law. The forestalling of a market or fair.

A renunciation; a putting away; a renunciation of the sovereignty by an incumbent thereof. James II. of England, Charles V. of Germany, and Christiana, Queen of Sweden, are said to

In England. By St. 3 Hen. VII c. 2, the taking of any woman having property, or being heir apparent thereto, to be married or defiled. Under a later statute (24 & 25 Vict, c. 100),

Behavior; as, a recognizance to be of good abearance signifies to be of good behavior. 4 Bl. Comm. 251, 256.

In old English law. An apparent, plain, or downright murder. It was used to distinguish a willful murder from chance-medley, or manslaughter. Spelman; Cowell; Blount. See "Homicide

In criminal law. To encourage or set another on to commit a crime. This word is always applied to aiding the commission of a crime. To abet another to commit a murder is to command

See "Abettor."

An instigator, or setter on; one that promotes, procures, or assists in, the commission of a crime; a principal in the second degree. The distinction between abettors and accessari

A stipulation that succeeding cases shall "abide the event" of a named case means that such ly successful in that case should be successful in all. 35 111. App. 660.

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 is done, a dec

A particular kind of larceny, which is committed not by taking and carrying away the property from one place to another, but by driving a living thing away with an intention of fel

In divorce law. Power of husband to provide, as element of wife's right to alimony. It is sometimes called "faculty."

Intestate. 2 Lower Can. 219. AB INTESTATO (Lat. testatua, having made a will). From an intestate. Used both in the common and civil law to denote an inheritance derived from an anc

Quit of amercements. It originally signified a forfeiture or amercement, and is more properly Tnishering, mishersing, or miskering, according to Spelman. It has since been termed a

Ability to perform work usually performed by able-bodied men. The existence of a slight disability not resulting in impairment is immaterial. 29 111. App. 382.

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" (q. V.)

or ABLOCATION. A letting out to hire for money. Wharton.

Dwelling place. See "Residence." ABOLITION (Lat. abolitio, from abolere, to utterly destroy). The extinguishment, abrogation, or annihilation of a thing. In the civil, French, and

The expulsion of the foetus at a period of utero gestation so early that it has not acquired the power of sustaining an independent life. It may be either innocent, as when acciden

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

In contiguity or proximity to; not far from; in connection with; nigh; near; in concern with; engaged in; dealing with; occupied upon (155 III. 228); nearly; in close correspondenc

Higher; superior; as, court above; bail above.

In practice. To shorten a declaration or count by taking away or severing some of the substance of it. Brooke, Abr. "Abridgment;" Comyn, Dig. "Abridgment;" 1 Viner, Abr. 109. To ab

An epitome or compendium of another and larger work, wherein the principal ideas of the larger work are summarily contained.

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

A'Beckett's Reserved Judgments. Port Philip.

The destruction of or annulling a former law by an act of the legislative power, or by usage. It is a total annulment, as distinguished from derogation, which is a repeal of part.

One who absconds from his creditors. The statutes of the various states, and the decisions upon them, have determined who shall be treated in those states, respectively, as abscond

The state of being away from one's domicile or usual place of residence. In its specific applications, particular qualifications are usually added. Thus, to toll the statute of lim

One who absents himself from a state, from his residence, or from an office or place where official duty is to be performed. Applied to a landlord who resides in a country other th

or DES ABSENTEES. The name of a parliament held at Dublin, 10th May, 8 Hen. VIII. ABSENTEM ACCIPERE DEBEMUS EUM qui non est eo loci in quo petltur. We must ABSENTIO EJUS QUI REIPUB

To pardon; to deliver from excommunication. Stamford, P. C. 72; Kelham. Sometimes spelled assoile (q. v.) ABSOLUTA SENTENTIA EXPOSITORE non indlget. An absolute, unqualified senten

In Civil Law. A sentence whereby a party accused is declared innocent of the crime laid to his charge. as are penitent are remitted. The formula of absolution in the Roman Church i

That 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 of this ce

In Latin phrases. A preposition denoting without, or except for. ABSQUE ALIQUO INDE REDDENDO (Lat. without reserving any rent therefrom). A term used of a free g^rant by the crovra

In French Law. The tacit renunciation of a succession by an heir. Merlin, Repert.

An abridgment or synopsis. In appellate practice, A condensed statement of the evidence or record. Of a Fine. An abstract of the writ of covenant and the concord; naming the par- O

Abundant caution does no harm. 11 Coke, 6; Fleta, lib. 1, c. 28, §1.

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

To reach; to touch. In old law, the ends were said to abut, the sides to adjoin. Cro. Jac. 184. To take a new direction; as where a bounding line changes its course. Spelman, voc.

The owner of land abutting on a public street, in the bed of which the owner has no title or private right except such as are incident to a lot so situated. 122 N. Y. 1; 130 N. Y.

In French feudal law. A species of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to t

ACAPITARE, or ACAPtare (Law Lat.) From caput, head, or chief. (1) To pay homage to a chief lord, on becoming his vassal. Bracton, fol. 78n; Fleta, lib. 3, c. 16, § 6, (2) To acknow

An estate Is said to be accelerated when it is reduced to possession by the extinguishment of the precedent estate sooner than it would have been in the due course of events. Thus

In French law. Acceptance in case of need. See "Au Besoin." ACCEPTARE (Lat.) —In Old Pleading. To accept. Acceptavit, he accepted. 2 Strange, 817. Non acceptavit, he did not accept

In civil law. A release made by a creditor to his debtor of his debt, without receiving any consideration. Ayliflfe, Pand. tit. 26, p. 570. It is a species of donation, but not sub

The party who accepts a bill of exchange. 3 Kent, Comm. 75. The party who undertakes to pay a bill of exchange in the first instance.

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

Approach, or the means or power of approaching. The right of the occupant of land to pass from his premises to a highway. Sometimes by access is understood sexual intercourse; at o

In criminal law. He who is not the chief actor in the perpetration of the offense, nor present at its performance, but is some way concerned therein, either before or after the fac

In divorce law. A spouse who directly commands or procures the commission of adultery by the other. It is a stronger term than "conniver," which implies mere acquiescence, but is p

To Property. The right to all which one's own property produces, whether that property be movable or immavable, includor artificially, as not to be readily separable. See 45 Vt. 4;

DEED OF. In Scotch law. A deed executed by the creditors of a bankrupt or insolvent debtor, by which they approve of a trust given by their debtor for the general behoof, and bind

Anything which is joined 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

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

Those made for assuring the performance of a prior contract, either by the same parties or by

In Scotch law. Obligations to antecedent or primary obligations, such as obligations to pay interest, etc. Ersk. Inst. lib. 3, tit. 3, § 60. ACCIDENT (Lat. aecidere, — ad, to, and

or ACCYOUN (Law Fr.) An action. Kelham. Accion sur le cas, an action on the case. ACCIPERE QUID UT JUSTITIAM FAclas, non est tarn acclpere quam extorquere. To accept anything as a

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

In the Civil Law. One who inhabits or occupies land near a place, as one who In Feudal Law. A husbandman; an agricultural tenant; a tenant of a manor. Spelman. A name given to a cl

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,

A contract or obligation made or assumed as a favor, and not on a consideration.

A name given in England to lands obtained or improved for the purpose of augmenting the value of other lands.

A negotiable instrument made or indorsed without consideration for the benefit of another.

One who has signed the instrument as maker, drawer, acceptor, or indorser without receiving value therefor, and for the purpose of lending his name to some other person. Neg. Inst.

One constructed to give access to a particular tract of land.

The name given to the facilities, such as gates and culverts, which a railroad company in England, which has acquired property by eminent domain, is required by section 68 of the a

The act of giving birth to a child.

A detailed statement of mutual demands in the nature of debt and credit between the parties, arising out of contract or some fiduciary relation. 45 Mo. 573. A written statement of

ACTION OF (sometimes called "Account," or "Account Render"). An action or writ which lay against one who was required, by his oificial or fiduciary position, to render an account.

An acknowledgment of the receipt of money to be accounted for by the person receiving it, as distinguished from a receipt for money paid in discharge of a debt. 1 Exch. 138.

One who is versed In accounts. A person or officer appointed to keep the accounts of a public company. A certified public accountant is one who is certified by proper authority to

or ACCOMPtant general. 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 be

See "Bank Account."

The making and rendering of an account. Usually, but not necessarily, applied to accountings under order of court.

See "Account."

To marry; married.

In international law. To acknowledge. Used of the act by which a diplomatic agent is acknowledged by the government near which he is sent, which makes his public character known, a

or ACCREDULITARE (Lat.) To purge one's self of an offense by oath. Whishaw; Blount. ACCRESCERE (Lat. to be added to). The term is used is speaking of Islands which are formed in ri

To attempt to exercise royal power. 4 Bl. Comm. 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

To grow to; to be added to, as the interest accrues on the principal. Accruing costs are those which become due and are created after judgment; as the costs of an execution. To ari

CLAUSE OF. See "Survivorship, Clause of."

(1) The income of a trust fund, when reinvested as a new capital by the trustee. (2) The suspension of absolute ownership in the rents and profits of personalty, which is, in many

A double or additional legacy; a legacy given in addition to another given by the same instrument, or by another instrument. 4 Ves. 90; 1 P. Wms. 424.