Law Dictionary

I. In old English law. A scraping off, i. e. an erasure.

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

the Twenty-fourth Amendment does not merely insure that the franchise shall not be 'denied' by reason of failure to pay the poll tax; it expressly guarantees that the right to vote

an incorporeal political being, which requires for its existence the presence of the judges.

The reduction of damages by order of court.

the Act as construed and applied is unconstitutional because it requires an official act (viz., returning the reply card) as a limitation on the unfettered exercise of the addresse

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

A'Beckett's Reserved Judgments. Port Philip.

Abroad Defined.—In this section, the term “abroad” means outside— (1) the United States; and (2) the territories and possessions of the United States. / The term “abroad” means any

Fr. A broker. ITelham. See Broker.

l, Abrogate. In the civil law. To annul; to repeal; to take away. Applied to the repeal of laws. The English word is applied also to the abolishment of a custom by the establishmen

To make void; to annul.

l, Abrogation. The act of annulling or repealing, v..4.6rogare.

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.

Absolute rights are such as appertain and belong to particular persons merely as individuals or single persons, as distinguished from relative rights, which are incident to them as

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. 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

In Scotch law. Want or default of appearance. A decree is said to be in absence where the defender (defendant) does not appear. Ersk. Inst. bk. 4, tit. 3, § 6. See DECREET.

I In the civil law. Absent Absente: being absent.

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

Lat. (Abi. of absens.) Being absenti A common term in the old reports. "The three justices, absente North, C. J., were clear of opinion." 2 Mod. 14.

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

A parliament so called was held at Dublin, 10th May, 8 Hen. VIII. It is mentioned in letters patent 29 Hen. VIII.

We ought to consider him absent who ls not in the place where he is demanded. Dig. 50, 16, 199.

We ought to consider him absent who is not in the place where he is sought.

The absence of him who is away in behalf of the republic (on business of the state) ought neither to be prejudicial to him nor to another. Dig. 50, 17, 140.

One’s absence on affairs of the state is not to operate to his disadvantage.

“absent uniformed services voter” means— (A) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the memb

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

To pardon or set free; used with respect to deliverance from excommunication. Cowell; Kelham.

That is an absolute interest in property which is so completely vested in the individual that he can by no contingency be deprived of it without his own consent. So, too, he is the

I., Absolute. ' Complete or perfect; witliqut exception, condition, or limitation; flnaL An absolute estate is an estate subject to no condition. Absolute property is full and comp

Clear sense requires no explanation.

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

Unqualified assent of drawee to liability on a bill of exchange.

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

Negligence is not the basis for liability under the Act. Instead it 'imposes upon the carrier an absolute and continuing duty to maintain the locomotive, and all parts and appurten

the maritime law attaches an absolute and unconditional lien upon the property. The possession is not necessary to its validity. Indeed, in cases of seaman's wages and bottomry, th

A conveyance free from conditions.

An unconditional covenant.

The well-settled rule in equity is, that it is not competent to show by parol evidence that an absolute deed was intended only as a mortgage, except upon the ground that the writte

Sections 1 and 9 of the safety Appliance Act converts this qualified duty imposed by the common law into an absolute duty, from the violation of which there arises a liability for

An estate without condition.

[T]he forfeiture becomes absolute at the commission of the prohibited acts, and that the title from that moment vests in the United States in all cases where the statute in terms d

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

absolute immunity from federal criminal prosecution for offenses disclosed by the evidence must be given a person compelled to testify after claim of privilege against self-incrimi

That is an absolute interest in property which is so completely vested in the individual that he can by: no contingency be deprived of it without his own consent. So, too, he is th

Absolute' in § 4 carried the gloss of its predecessor statutes, meaning undiminished, not exclusive.

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.

Absolute liability, of course, arises irrespective of how the tortfeasor conducts himself; it is imposed automatically when any damages are sustained as a result of the decision to

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 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

Two persons owning shares in severalty are each an absolute owner. See 18 L. R. A. 481.

to the extent of their debts creditors are entitled to priority over stockholders against all the property of an insolvent corporation

the proscriptions of these three subsections are absolute. Unlike § 2(a), none of them requires, as proof of a prima facie violation, a showing that the illicit practice has had an

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

it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was made; for if he after

Those rights which belong to natural pei*sons, as individuals, in contradistinction to tliose which arise from the civil and domestic relations; consisting of the right of personal

In practice. A rule of court commanding something to be done asolutely, and at all events, as distinguished from a rule nisi, wich commands something to be done, wnless cause be sh

A rule or order of court commanding something to be done, without conditions.

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 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

I. Entire and right ownership.

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

Lat. To detest and avoid. Cowell.

Absorption' should be read to include the introduction of moisture from the outside and the incorporation of water into the butter, whether it is technically an absorption or not.

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

Without reservation of rent.

With out the consideration of the court.

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

Without this. An introductory term used at the beginning of the negative part of a plea. See 8 Pa. 270.

Without impeachment of waste. Signifying the tenant's nonliability for waste.

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

Without such cause.

* 1, v. To take or withdraw from; to remove or take away. Under § 5209, Rev. St., an officer of a national bank may be guilty of " abstracting " funds, money, and credits, without

a doctrine of abstention appropriate to our federal system whereby the federal courts, 'exercising a wise discretion', restrain their authority because of 'scrupulous regard for th

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

An epitome; a summary; a brief of that from which it is taken. An abstract of a fine is an abstract of the writ of covenant and the concord, naming the parties, the parcels of land

the mere abstract teaching of the moral propriety or even moral necessity for a resort to force and violence, is not the same as preparing a group for violent action and steeling i

Federal courts will not pass upon constitutional contentions presented in an abstract rather than in a concrete form.

An abstract of the writ of covenant and the concord, naming the parties, the parcels of land, and the agreement. Black. See 2 Bl. Comm. 351.

A brief transcript of the essentials of a recorded judgment.

A synopsis or brief showing the claim of title to a parcel of land as it appears of record. See 3 Minn. 94.

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

General terms descriptive of a class of persons made subject to a criminal statute may and should be limited, where the literal application of the statute would lead to extreme or

the principle is to be applied to override the literal terms of a statute only under rare and exceptional circumstances... to justify a departure from the letter of the law upon th

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

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.

“abuse” includes— (A) any case in which— (i) a child is dead or exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural

n. ‘Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. The “abuse or misuse” of its franchises by a corp

An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration, 58 Ala. 376.

The term “abuse of authority” means the following: (A) An arbitrary and capricious exercise of authority that is inconsistent with the mission of the Department of Defense or the s

Such an abuse would take place if the summons had been issued for an improper purpose, such as to harass the taxpayer or to put pressure on him to settle a collateral dispute, or f

proper standard of review of a district court's evidentiary rulings.