A (1) A PRIORI A A. A GRATIA. By grace; not of right. Also -In Latin Phrases. A preposition, de- written ex gratia. noting from, by, in, on, of, at. -In French Phrases. A preposition, denoting of, at, to, for, in, with. -In Citation of Reported Decisions. Used for adversus (versus) in some law reports. See Abb. Prac. (N. Y.; O. S.) In Roman Criminal Law. The judges were furnished with small tables covered with wax, and each one inscribed on it the initial letter of his vote,-"A." (the initial letter of absolro) when he voted to absolve the party on trial; "C." (the initial letter of condemno) when he was for condemnation; and "N. L." (the initial letters of non liquet) when the matter did not appear clearly, and he desired a new argument. A LATERE (Lat. latus, side). -In Respect to Property Rights. (1) Collateral. Used in this sense in speaking of the succession to property. Bracton, 20b, 62b. (2) Without right. Bracton, 42b. -In Ecclesiastical Law. Apostolic. A legate a latere is one having full powers to represent the pope as if he were present. Du Cange; 4 Bl. Comm. 306. An officer who A LIBELLIS (Law Lat.) had charge of the libelli or petitions addressed to the sovereign. Calv. Lex. A name sometimes given to a chancellor (cancellarius) in the early history of that office. Spelman, voc. "Cancellarius." See "Chancellor." A L'IMPOSSIBLE NUL N'EST TENU. In Roman Elections. It was used in elections as the initial letter of antiquo (for the old law), being a vote against the proposed law; an affirmative vote being in- No one is bound to do what is impossible. dicated by "U. R." (ut rogas, as you propose). Among the Puritans. An "A" of red cloth was hung upon the dress of a convicted adulteress. A CANCELLIS (Law Lat.) A chancellor. See "Chancellor." A COELO USQUE AD CENTRUM (Lat.) From the heavens to the center of the earth. A COMMUNI OBSERVANTIA NON EST recedendum. There should be no departure from common observance (or usage). Co. Litt. 186; Wingate, Max. 203; 2 Coke, 74. A CONSILIIS (Lat. consilium, advice). A counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, voc. "Apocrisiarius." A DATU, or A DATO (Law Lat.) the date. 2 Salk. 413; Cro. Jac. 135. From -A Die Datus. From the day of the date. 2 Salk. 413; 2 Crabb, Real Prop. p. 248, § 1301; 1 Ld. Raym. 84, 480; 2 Ld. Raym. 1242. A DIGNIORI FIERI DEBET DENOMInatio et resolutio. The denomination and explanation of a person or thing ought to be derived from the more worthy. Wingate, Max. 265; Fleta, lib. 4, c. 10, § 12. A FORFAIT ET SANS GARANTIE (Fr.) A phrase used in the indorsement of negotiable instruments; substantially the same as "without recourse." A FORTIORI. By (or from) the stronger reason. Applied to the argument that, because of the concession or establishment of a given proposition, another included in it is by the greater reason true. A MANIBUS (Law Lat.) An officer who wrote for the emperor; one whose hand (manus) was used for writing; an amanuensis. Calv. Lex. To pay a me, is to pay from my money. argumentum necessarie negative licet non A PIRATIS AUT LATRONIBUS CAPTI liberi permanent. Those captured by pirates or robbers remain free. Dig. 49. 15. 19. 2; Grotius de Jure Belli, lib. 3, c. 3. § 1. A PIRATIS ET LATRONIBUS CAPTA dominium non mutant. Things captured by pirates and robbers do not change ownership. 1 Kent, Comm. 108, 184; 2 Wooddeson, Lect. 258, 259. A POSTERIORI (Lat. by the later reason). In logic. An argument proceeding from effects to causes. A PRENDRE (Fr. to take, to seize). Rightfully taken from the soil. 5 Adol. & E. 764; Nev. & P. 172; 4 Pick. (Mass.) 145. See "Profit a Prendre." A PRIORI (Lat. by the prior reason). In logic. An argument proceeding from causes to effects. A QUO (Lat.) A QUO From which. consonants, and "Ab" before those begin- -Court a Qua. The court from which a -Judge a Quo. The judge of such court. A RENDRE (Fr. to render, to yield). A RESCRIPTIS VALET ARGUMENTUM. AB ABUSU AD USUM NON VALET CON- AB ACTIS (Lat. actus, an act). A notary; An argument from rescripts (i. e., original or acta of the court as they were given. A RESPONSIS (Law Lat.) In ecclesias- A RETRO (Lat.) In arrear. Fleta, lib. A RUBRO AD NIGRUM (Lat. from red to A SUMMO REMEDIO AD INFERIOREM A TEMPORE CUJUS CONTRARII ME- A TERME (Law Fr.) For a term. A Terme de sa Vie. For the term of -A Terme Que Passe Est. For a term A TORT (Law Fr.) Of or by wrong; AB AGENDO. Disabled; unable to act. AB ANTIQUO (Lat.) Of old. No AB ASSUETIS NON FIT INJURIA. AB EPISTOLIS (Lat.) An officer having AB EXTRA (Lat. extra, beyond, without). AB INCONVENIENTI (Lat. inconveniens). AB INITIO (Lat. initium, beginning). From AB INITIO MUNDI (Lat.) From the be- AB INTESTAT. Intestate. 2 Lower Can. AB INTESTATO (Lat. testatus, having AB INVITO (Lat. invitum). Unwillingly. AB IRATO (Lat. iratus, an angry man). AB OLIM (3) ABATEMENT AB OLIM (Law Lat.) Of old. 3 Bl. Comm. less specially given by the policy. May, Ins. 96. § 421. ABACTOR (Lat. ab and agere, to lead away). One who stole cattle in herds. Jacob. Abigeus (q. v.) was the term more commonly used to denote such an offender. ABADENGO. 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. Escriche, Dic. Raz. Lands of this kind were usually held in mortmain, and hence a law was enacted declaring that no land liable to taxation could be given to ecclesiastical institutions "ningun realengo non pase a abadengo," which is repeatedly insisted on. ABALIENATIO (Lat. alienatio). The most complete method of transferring lands, used among the Romans. It could take place only between Roman citizens. Calv. Lex. ABANDONEE. 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., Id. 87; Holroyd, J., Id. 89. ABANDONMENT. 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 generally, or to the next comer; a surrender to a particular person not being an abandonment. 11 Cal. 363. To constitute an abandonment there must be (1) an intent to abandon (21 Cal. 291; 49 Minn. 148; 49 N. Y. 346), and (2) an unequivocal act of abandonment (77 N. C. 186; 42 Conn. 377; 116 Mo. 123). Mere nonuser is not sufficient (61 Mo. 178; 15 N. H. 412); but abandonment may be presumed from longcontinued nonuser (43 Pa. St. 427; 34 Me. 394). an -Of Invention. Either a relinquishing of a contemplated invention before it is perfected, or a permitting of the use of an invention by the public, constitutes abandonment of the invention to the public, and prevents the inventor from enforcing any exclusive claim to the same. 4 Fish. Pat. Cas. (U. S.) 300. -Of Duties. The willful and unauthorized desertion or forsaking of a duty, as a contract or a service, or of a person as to whom the abandoner is charged with a duty, as of a child by its parents, or of a wife by her husband. In case of abandonment of domestic relations, an intent to cause a permanent separation is necessary. See "Desertion." -To Underwriters. The right of an insured, who has suffered a loss, to relinquish the residue to the underwriters, and claim for a total loss, though the insured property is capable of recovery and repair. This right is confined to marine insurance, un -For Torts. The ancient right of the owner of an animal or of a slave which had committed an injury for which the owner was civilly liable to surrender it to the injured person in satisfaction. The doctrine has been applied to vessels, and authorizes the owner to surrender the vessel in satisfaction of a debt contracted by the master. By Rev. St. U. S. § 4285, the right to surrender a vessel and exonerate the owner from personal liability was extended to damages by collision. ABANDUN, 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 forsake, as lost and gone. Cowell. Pasquier thinks it a coalition of a ban donner, to give up to a prescription, in which sense it signifies the ban of the empire. Wharton. ABARNARE (Lat.) To discover and disclose to a magistrate any secret crime. Leges Canuti, c. 10. ABATAMENTUM (Lat. abatare). An entry by interposition. Co. Litt. 277. An abatement. Yelv. 151. ABATEMENT (Fr. abattre, 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 proceeding therein, as on the death of a party pending the suit. Paige (N. Y.) 211. 2 In modern practice the term signifies generally the suspension of a suit by any matter arising after its commencement. Abatement in chancery differs from an abatement at law in this: That in the latter the action is entirely dead, and cannot be revived in the absence of statute (3 Bl. Comm. 168), but in the former the right to proceed is merely suspended, and may be revived by a supplemental bill in the nature of a bill of revivor (21 N. H. 246; Story, Eq. Pl. § 354; Mitf. Eq. Pl. [by Jeremy] 57). -In Pleading. The overthrow of an action caused by the defendant pleading some matter of fact tending to impeach the correctness of the writ or declaration, and which defeats the action for the present, but does not debar the plaintiff from recommencing it in a better way. Steph. Pl. 47; 3 Bl. Comm. 168; 1 Chit. Pl. (6th London Ed.) 446; Gould, Pl. c. 5, § 65. It has been applied rather inappropriately as a generic term to all pleas of a dilatory nature; whereas the word "dilatory" would seem to be the more proper generic term, and the word "abatement" applicable to a certain portion of dilatory pleas. Comyn, Dig. "Abatement" (B); 1 Chit. Pl. (6th London Ed.) 440; Gould, Pl. c. 5, § 65. In this general sense it has been used to include pleas to the jurisdiction of the court. ABATEMENT OF FREEHOLD (4) ABDUCTION -In Contracts. A reduction made by the letters, syllable or syllables, of the word. creditor for the prompt payment of a debt Anciently, also, contracted forms of words, due by the payer or debtor. Weskett, Ins. 7. obtained by the omission of letters inter-Of Customs Duties. The deduction mediate between the initial and final letfrom, or the refunding of, duties sometimes made at the custom house, on account of damages received by goods during importation or while in store. See Act Cong. March 2, 1799, § 52; 1 Story, U. S. Laws, 617; Andrews, Rev. Laws, §§ 113, 162. Of Legacies. The reduction of a legacy, general or specific, on account of the insufficiency of the estate of the testator to pay his debts and legacies. When the estate of a testator is insufficient to pay both debts and legacies, it is the rule that the general legacies must abate proportionably to an amount sufficient to pay the debts. See "Ademption." Of Nuisances. The prostration or removal of a nuisance, whether by action, or summarily by an individual. 3 Bl. Comm. 5. See "Nuisance." -Of Taxes. A diminution or decrease in the amount of tax imposed upon any person. The provisions for securing this abatement are entirely matters of statute regulation (5 Gray [Mass.] 365; 4 R. I. 313; 30 Pa. St. 227; 18 Ark. 380; 18 Ill. 312), and vary in the different states. ABATEMENT OF FREEHOLD. A wrong. ful 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." ABATOR. 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 died, and before the heir or devisee enters. Litt. § 397; Perk. § 383; 2 Prest. Abstr. 296, 300. See Adams, Ej. 43; 1 Washb. Real Prop. 225. ters, were much in use These latter forms are now more commonly designated by the term "contraction." Abbreviations are of frequent use in referring to text books, reports, etc., and in indicating dates. but should be very sparingly employed, if at all, in formal and important legal documents. See 4 Car. & P. 51; 9 Coke, 48. No part of an indictment should contain any abbreviations except in cases where a fac simile of a written instrument is necessary to be set out. 1 East, 180, note. The variety and number of abbreviations is as nearly illimitable as the ingenuity of man can make them, and the advantages arising from their use are, to a great extent, counterbalanced by the ambiguity and uncertainty resulting from the usually inconsiderate selection which is made. James II. of England, Charles V. of Germany, and Christiana, Queen of Sweden, are When James II. of said to have abdicated. England left the kingdom, the commons voted that he had abdicated the government, and that thereby the throne had become vacant. The house of lords preferred the word "deserted," but the commons thought it not comprehensive enough, for then the ABBACY. The government of a religious king might have the liberty of returning. house, and the revenues thereof, subject to Also applied to the renunciation or suran abbot, as a bishopric is to a bishop. Cow-render of any office, and in this sense it has ABATUDA. Anything diminished; as, moneta abatuda, which is money clipped or diminished in value. Cowell. ell. been distinguished from "resignation," the latter being the giving up of an office to the appointing power from whom it was received, or who has the power to fill the vacancy, while abdication is the renunciation of an office which was conferred by act of law. See, however, 26 Barb. (N. Y.) 487. ABDUCTION. -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 the present statute (24 & 25 Vict. c. 100), the taking of any woman, having certain property or expectancies, to be married or defiled; the taking of such a woman, being under the age of twenty-one years, ABEARANCE (5) ABISHERSING out of the possession of the person having pation are necessary to constitute a person lawful charge of her; the taking of any an abettor. 4 Sharswood, Bl. Comm. 33; 1 woman of any age by force, with intent to Hall (N. Y) 446; Russ. & R. 99; 9 Bing. N. cause her to be married or defiled; the tak- C. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick. ing of any unmarried girl, under the age of (Mass.) 477. sixteen years, out of possession of the person having lawful possession of her; or the taking of any child, under the age of fourteen years, with intent to deprive its lawful guardian of its custody. In the United States. In most, if not all, of the United States, the crime is regulated by statute; but allowing for statutory variations, the elements may be stated as: (1) The taking, which must be by some affirmative act of force or persuasion. 6 Park. Cr. R. 129, 86 N. Y. 369. (2) From the custody of a parent or guardian; but a mere enticing for the forbidden purpose to a place near her home, to which she is shortly permitted to return, is sufficient. 90 Ill. 274. In some states this is not essential. (3) For the purpose of making the female a prostitute or concubine, or of procuring her to be forcibly married or defiled. The purposes inhibited vary with the statutes, some of the above being omitted, and in some states that of fornication being added. pose need not be accomplished. 4 N. Y. Cr. R. 306; 5 N. Y. Cr. R. 61. (4) In some states, the female is required to have been of previous chaste character, or to be below a given age. Where these elements actually exist, defendant's ignorance of them is no defense. 115 Mo. 480. ABEREMURDER. The pur ABEARANCE. 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." ABESSE (Lat.) In the civil law. To be absent; to be away from a place. Said of a person who was extra continentia urbis, beyond the suburbs of the city. ABET. 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, procure, or counsel him to commit it. Old Nat. Brev. 21; Co. Litt. 475. See "Accessary." ABETMENT (Law Lat. abettum, abbettum; Law Fr. abette). In old criminal law. An encouraging or instigation. Staund. P. C. 10r; Cowell; Blount. ABETTATOR. See "Abettor." 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 accessaries is the presence or absence at the commission of the crime. Co. Litt. 475; 81 Ill. 333; 44 Iowa, 104. Presence and partici ABEYANCE (Fr. abbayer, to expect). In expectation, remembrance, and contemplation of law; the condition of a freehold when there is no person in being in whom it is vested. In such cases, the freehold has been said to be in nubibus (in the clouds), and in gremio legis (in the bosom of the law). It has been denied by some that there is such a thing as an estate in abeyance. Fearne, Cont. Rem. 513. See, also, the note to 2 Sharswood, Bl. Comm. 107. declaration that the party abides by the ABIDING BY. In Scotch law. A judicial deed on which he founds, in an action where the deed or writing is attacked as forged. Unless this is done, a decree that the deed is false will be pronounced. Paterson, Comp. It has the effect of pledging the party to stand the consequences of founding on a forged deed. Bell, Dict. ABIGEAT. 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 feloniously appropriating the same. ABIGEATUS (Lat.) In the civil law. The offense of stealing or driving away cattle. Dig. 47. 14. 2. See "Abigeus." ABIGEUS (Lat. abigere). One who steals cattle in numbers. This is the common word used to denote a stealer of cattle in large numbers, which latter circumstance distinguishes the abigeus from the fur, who was simply a thief. He who steals a single animal may be called fur; he who steals a flock or herd is an abigeus. The word is derived from abigere, to lead or drive away, and is the same in signification as abactor, abigeatores, abigatores, abigei. Du Cange; Guyot, Rep. Univ.; 4 Bl. Comm. 239. A distinction is also taken by some writers depending upon the place whence the cattle are taken; thus, one who takes cattle from a stable is called fur. Calv. Lex, "Abigei." ABILITY. In divorce law. Power of husband to provide, as element of wife's right to alimony. It is sometimes called "faculty." ABISHERSING. Quit of amercements. It originally signified a forfeiture or amercement, and is more properly mishering, mishersing, or miskering, according to Spelman. It has since been termed a liberty of freedom, because, wherever this word is used in a grant, the persons to whom the grant is made have the forfeitures and amercements of all others, and are themselves free from the control of any within their fee. |