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WITH EXTENSIVE ADDITIONS, EMBODYING THE WHOLE OF THE RECENT ALTERATIONS IN THE LAW.
THOMAS COLPITTS GRANGER, ESQ.
OF THE INNER TEMPLE, BARRISTER AT LAW.
IN TWO VOLUMES.
J, RICHARDSON; J. M. RICHARDSON; T. HURST ; J. BOOKER ; J. BOOTH; C. J. G. AND F. RIVINGTON; BALDWI
Tuis Edition of The Law-DICTIONARY was originally undertaken b late Mr. Dodd, who had made considerable progress in the printing first volume, when he was compelled through ill health to abandon task, and the completion of it was committed to the present Editor, responsibility begins with the title Deposition.
Although the latter was aware, previous to commencing his labours, they would be of some duration, yet the time and attention requisi prepare the work for the press have greatly exceeded his anticipations.
Owing to the extensive changes that have been effected during the fi years which have elapsed since the last Edition, in almost every
branch of Law, both civil and criminal, and to the alterations made in the practice o Courts of Law and Equity, there is hardly a title of any importance that not called for a thorough revision, and generally very considerable additi while, besides the supply of new matter, the present Editor has in nume instances considered it advisable to recast and arrange the old, so as to to it a more systematic and connected form.
Many new heads of Law also have been introduced, with a view to incre the utility of the publication, as a work of general reference.
It may perhaps be thought, he might have expunged more of the old Law, where it has been reduced to a dead letter by recent enactments; but in the cases in which it is left, it has been retained in a condensed shape, in order to afford to the reader-what it is one of the objects of this Dictionary to comprise—a historical summary of the rise and progress of our legal forms and institutions.
In consequence of the length of time which the undertaking has occupied, several titles in the first volume have been altered by acts subsequently passed. These are, however, for the most part, noticed in the Appendix to that volume, and it is therefore hoped that the work will be found to embody the material provisions of the Statutes enacted in the last Session of Parliament, as well as an accurate Digest of the Law generally down to the end of the past year, and with respect to the greater portion of the second volume, nearly down to the present moment.
In conclusion, the Editor trusts that this Edition will support the high character which has hitherto been maintained by The Law-Dictionary, that it will prove useful to the profession at large, but particularly to such members of it as are not possessed of extensive libraries, since it contains more general information, and embraces a wider range of subjects, than are to be met with in any other legal publication.
June 12th, 1835. 12, King's Bench WALK,
sequence of the length of time which the undertaking has occupied, s in the first volume have been altered by acts subsequently passed. owever, for the most part, noticed in the Appendix to that volume, erefore hoped that the work will be found to embody the material
the Statutes enacted in the last Session of Parliament, as well as Digest of the Law generally down to the end of the past year
, pect to the greater portion of the second volume, nearly down to
lusion, the Editor trusts that this Edition will support the high ich has hitherto been maintained by The Law-Dictionary, and prove useful to the profession at large, but particularly to such it as are not possessed of extensive libraries, since it contains more mation, and embraces a wider range of subjects, than are to be iny other legal publication.
B, from the word abbot, in the beginning of the name of A Plea in Abatement, is a plea put in by the defen
any place, shows that probably it once belonged to some which he shows cause to the court why he should not abbey; or that an abbey was founded there. Blount.
pleaded or sued; or if impleaded, not in the manner a ABACOT. A cap of state wrought up in the form of two he then is; therefore praying that the writ or plai crowns; worn by our ancient British kings. Chron. Angl. abate ; that is, that the suit of the plaintiff may for th 1463. Spelm. Gloss .
1 Inst. 134. 6. 277: F. N. B. 115: Gilb. H ABAC'TORS, abaciores, ab abigendo.] Stealers and drivers 186: Terms de Ley, 1: Chitty on Pleading, vol. 1. away of cattle by herds, or in great numbers. Cowel.
As to abatement in Chancery, see this Dictiona ABACUS. Arithmetic: from the abacus, or table strewed Revivor. with dust, on which the ancients made their characters and
On this subject shall be considered, figures. Cowel: Du Fresne. Hence
I. The various Pleas in Abatement, at Law.
1. To the Jurisdiction of the Court.
c. Alienage. title Insurance.
d. Attaint; and other Pleas in Abatement. ABARNARE, from Sax. Abrian.] To discover and dis- 3. To the Person of the Defendant. close to a magistrate any secret crime." Leg. Canuti, c. 104.
a. Privilege. ABATAMENTUM. An entry by interposition. i Inst. b. Misnomer. 277. See the succeeding articles.
C. Addition. TO ABATE, from the Fr. Abaltre.] To prostrate, break 4. To the Writ and Action. down, or destroy; and in law to abate a castle or fort, is to 5. To the Count or Declaration. beat it down. Old Nat. Br. 45: Stat. West. 1. c. 17. Abattre
On Account of; a. The Demise of the King. maison, to ruin or cast down a house, and level it with the
b. The Marriage } of the Parties. ground; so to abate a nuisance is to destroy, remove, or put . an end to it. See title Nuisance.
II. The Time and Manner of pleading in Abatemer To abate a writ, is to defeat or overthrow it, by showing
herein of pleading in Bar or Abatement. some error or exception. Brit. c. 48. In the statute de con
III. The Judgment in Abatement. junctim feoffatis, it is said the writ shall be abated ; i.e. disabled and overthrown. Stat. 34 E. 1. st. 1. So it is said an I. 1. The courts of Westminster have a superinte appeal shall abate, and be defeated by reason of covin or deceit. over all other courts, and may, if they exceed their jurisStaundf. P. C. 148.--And the justices shall cause the said restrain them by prohibition ; or, if their proceedings ar writ to be abated and quashed. Stat. 11 H. 6. c. 2. neous, may rectify them by writs of error and false jud
The word abate is also used in contradistinction to disseise; Nothing shall be intended within the jurisdiction of an i for as he that puts a person seized of the freehold out of pos- court but what is expressly alleged; so that where an session of his house, land, &c. is said to disseise ; he that on promise is brought in such inferior court, not only t steps in between the former possessor and his heir, or devisee, mise, but the consideration of it (i. e. the whole cause of a is said to abate; he is called an abator, and this act of inter- must be alleged to arise within that jurisdiction ; Bo position is termed an abatement. 3 Blac. Comm. 168: | Pleas (E.1.): 1 Will. Saund. 74. n. 1; such inferior courts 1 Inst. 277: a Kitch. 173: Old Nat. Br. 91. 115. See titles confined in their original creation, to causes arising wit Disseisin ; Intrusion.
express limits of their jurisdiction; and therefore if a ABATEMENT. For its least usual meanings see the two who has contracted a debt out of such limited juris preceding articles.
comes within it, yet he cannot be sued there for such a In its present most general signification it relates to writs or (Ibid.) plaints; and means, the quashing or destroying the plaintiff's There are no pleas to the jurisdiction of the courts at
minster in transitory actions, unless the plaintiff by his VOL. I.
535. H WALK,
writ or plaint.