A DICTIONARY OF LAW B. J, WMcKiNNEY ee DEFINITIONS OF THE TERMS AND PITRASES OF AMER- ICAN AND ENGLISH JURISPRUDENCE, ANCIENT AND MODERN THE PRINCIPAL ‘TERMS OF INTERNATIONAL, CONSTITUTIONAL AND COM MERCIAL LAW; WITH A COLLECTION OF LEGAL MAXIMS AND NUMEROUS SELECT TITLES FROM THE CIVIL LAW AND OTHER FOREIGN SYSTEMS By Henry Campsety Brack, M. A. Antbor of Treaties ou “Jcvuuaes,” “Tax-Trniba,” “CoxstiTTIoNAL PUORILITIONS," ote. ST. PAUL, MINN. WEST PUBLISHING CO. 1891Coron, 1891, WEST PUBLISHING COMPANY,PREFACE. ‘Tue dictionary now offered to the profession is the result of the author's endeavor to prepare a concise and yet comprehensive book of definitions of the terms, phrases, and maxims used in American and English Iaw and necessary to be understood by the working lawyer and judge, as well as those important to the student of legal history or comparative jurisprudence. It does not purport to be an epitome or com pilation of the body of the law. Tt does not invade the province of the text-books, nor attompt to supersede the institutional writings. Nor does it trench upon the field of the English dictionary, although vernacular words and phrases, s0 fir as coustrued by the courts, are not excluded from ite pages. Neither is the book en- cyclopiedic in its character. It is chiefly required in a dictionary that it should be comprehensive, Its value is impaired if any single word that may reasonably be sought between its covers is not found there. But this comprehensiveness is possible Gvithin the compass of « single volume) only on condition that whatever is foreign to the true function of a lexicon be rigidly excluded, ‘The work must therefore con- tain nothing but the legitimate matter of @ dictionary, or else it cannot include all the necessary terms, This purpose has been kept constantly in view in the prepara tion of the present work. Of the most esteemed law dictionaries now in use, each will be found to contain « very considerable number of words not defined in any other, None is quite comprehensive in itself, ‘The author has made it his aim to include ail these terms and phrases here, together with some not elsewhere defined. For the convenience of those who desire to study the law in its historical develop- ment, as well asin its relations to politieal and social philosophy, place has been found for numerous titles of the old English Jaw, and words uscd in old European and feudal law, and for the principal terminology of the Roman lay. And in view of the modern interest in comparative jurisprudence and similar studies, it has seemed necessary to introduce considlernble vocabulary from the civil, canon, French, Spanish, Seotch, and Mexican law and other foreign systems. In order to further adapt the work to the advantage and convenience of all classes of users, many terms of political or publie law are here defined, and such as are employed in trade, bank- ing, and commerce, as also the principal phraseology of international and maritime Jaw and forensic medicine. ‘There have also been included numerous words taken from the vernacular, which, in consequence of their interpretation by the courts or in statutes, have acqhired a quasi-technical meaning, or which, being frequently used. in laws ot private documents, have often been referred io the courts for construction. But the main body of the work is given to the definition of the technical terms and phrases used in nnodern American and English jurisprudence. In searching for definitions suitable to be incorporated in the work, the author has carefully examined the cores, and the compiled or revised statutes, of the vari- ous states, and from these sourees much valdable matter has been obtained. ‘The definitions thus enacted by law are for the most part terse, practical, and of course aus thoritative, Most, if not all, of such statutory interpretations of words and phrases will be found under their appropriate titles. “Due prominence has also been given to definitions formulated by the appellate courts and embodied in the reports. Many rer)ww PREFACE, of these judicial definitions have been literally copied and adopted as the author's Uelinition of the particular term, of course with a proper reference. But as the con- stant aim has been to present a definition at once concise, comprehensive, accurate, and Incid, he has not felt bound to copy the language of the courts in any instance where, in his judgment, a better definition could be found in treatises of acknowl edged authority, or could be framed by adaptation or rearrangement, But many judicia! interpretations have been added in the way of supplementary matter to the various titles. The more important of the synonyms occurring in legal phraseology have been carefully discriminated. Tn some cases, it has only been necessary to point out the correct and incorrect uses of these pairs and groups of words, In other cases, the distinctions were found to be delicate or obscure, and a more minute analysis was required. A complete collection of legal maxims has also been included, comprehending ae well those in English and Law French as those expressed in the Latin. ‘These have not been grouped in one body, but distributed in their proper alphabetical order through the book. ‘This is believed to be the more convenient arrangement, It remains to mention the sources from which the definitions herein contained have been principally derived. For the terms appertaining to old and middle Hu lish law and the feudal polity. recourse has been lind freely to the older Engtist law dictionaries, (such as those of Cowell, Spsimai, Blount, Jucob, Cunningham, Whishaw, ‘Skene, Tomlins, and the “Termes de la Ley,”) as also to the writings of Bracton, Lit- tleton, Coke, and the other sages of the early Jaw. ‘The authorities principally relied ‘on for the terms of the Roman and modern civil law are the dictionaries of Calvinus, Scheller, and Vicat, (with many valuable suggestions from Brown and Burrill) and. the works of such authors as Mackeldey, Hunter, Browno, Hallifax, Wolff, and Maine, besides constant reference to Gaius and the Corpus Furia Civili. In preparing the terms and phrases of French, Spanish, and Scotch law, much assistance has beon derived from the treatises of Pothier, Merlin, 'Toullier, Schmidt, Angles, Hall, White, and others, the commentaries of Erskine aid Bell, and the dictionaries of Dalloz, Bell, and Hscriche. For the great body of terms used in moder Knglish and American luv; the author, besides searching the codes and statutes and the ro porta, as already mentioned, has consulted the institutional writings of Blackstone, Kent, and Bouvier, and a very great number of text-books on special topies of the lay. An examination has algo been made of the recent Knglish law dictionaries of Wharton, Sweet, Brown, and Movley d& Whitley, amd of the American lexicogra- phers, Abbott, Anderson, Bouvier, Burrill, and Repalje & Lawrence. In each ‘caso whoro aid is directly levied from these sourees, a suitable acknowledgment has been made. ‘This list of authorities is by no menns exhaustive, nor does it make: mention of the many cases in which the definition had to be written entirely de novo but it will suffice to show the general direction and scope of the author's researches. H.C. B. Wasunsero%, D. C., Augunt 1, 1691.A TABLE oF BRITISH REGNAL YEARS. seve Ot 1, 1058.5 550-21 Sept. 28, 1087. ‘Ag. 5, 1100.01... 36 Titi eDoe. 96, 1195 2701.749] 2Dee. 19, 154... 004.85 William f.. william 1, Henry I... Stephen Hen! Richard T Jobo, Benry fit bdward award IIL, Richard If. Henry IV, Henry V. Henry VI. Edward IV, Edward V. Richard HI... Sept. 1, 1422. J March 4, 1463... 2 April 8, 1483... : June 26, 1488., Eaward VI. ‘Mery. Blizabeth.. James L.... Charles E Te Commonwealth. Charles TL James I. Williom amd Mary Anne. George L. Tuy 6, 155%... Nov. 17, 1553, “March 4, 1008. March 27, 105... 2 an, 90, 18:9, Day 29, 1660. Reb, 6, 1685 Fob. 18, 1680... ‘March 8, 1703, ‘Aug. 1, 1714 ‘Sune 11, 1727 (Oct. 5, 1700. ‘Jan. £9, 1890, Tume 23, 1830. ‘June 20, 1987,PRINCIP ABROTT, Benj. Vaughan. Dictionary of terwis and phrases used in American or English Jurisprudence. 2 vols. 8v Boston, 1879. ADAMS, Honry C. A juridical glossary; being an exhacstive compilation of the most celebrated maxims, aphorisms, doctrines, precepts, technical phrases and terms employed in the Roman, Givil, Feadul, Canon, and Common Law, and quoted in the standard ele- mentary works and reports of the Britishand Americaneourts. Vol. 1, AtoH. Svo. Albany, 1886. ANDERSON, William ©. A dietionary of Jays, consisting of judicial definitions and explanations of words, phrases, ‘and maxims, and an exposition of the principles of law tionary and compendium of American and English jurisprudence, 1 vol. 8vo. Chicago, 1589. BACON, Francis, Lord. Tho maxims of the Inw. [Printed in Bacon's Law ‘Tracts, 1 vol. 12mo. London, 1737.] BADEN, Gustav Ludvig. Forsig til et dansk-norsk juridisk ord- og sag-leksi« kon, Ivol. J6mo, Odense, 1814. BELL, William. A dictionary and digest of the law of Scotland, with short ex plinations of the most ordinary glish law terms, 1 vol, By. Edin- burgh, 1861. BIRET, Aimé Charles Louis Modestc. Vocabulaire des Cing Codes, ou de: tions siuplilices des tormes de droit et comprising a dice | BIBLIOGRAPHICAL LIST OF THE AL LAW DICTIONARIES , IN ENGLISH AND FOREIGN LANGUAGES. de jurisprudence exprimés dans ces codes. 1 yol. 8yo. Paris, 18: BLOUNT, Thomas. A law dictionary and glossary, interpreting such difficult and obscure words and terms as are found either in our eommon or statute, aucient or modern, laws. 3d Edn. 1 vol folio. London, 1717, BOUSQUET, J. Nouveau dietionnire de droit. 24 Edn. 1 vol. sto. Paris, 1847, BOUVIER, John. A law dictionary adapt ed to the constitution and laws of the United States of America and of the soveral states of the American Union, ‘with references to the civil and other systems of foreign law. Ist Edn. 2 vols. 8vo. Philadelphia, 1839. — Same. 14th Edn, 2 vols. 80, Phila- deiphia, 1882, BRILLON, Pierre Jacques. Nouveau Gictionaire civil et eanonique de droit, et de pratique, 1 vol. 4to. Paris, 1707. BRISSONIUS, Barnabas. Do verborum que ad jus civile pertinent signitiea- tione, ist Edn, Lvol.folio. Leyden, 1550. [Other editions, 1578, 1683, 1697, 1721.] — Same. 6th Edn. cius. 1 vol. folio. gicue, 1748. BROOM, Horbort. maxinns, classifi Edn, 1 vol. 8vo. —, Same. 8th Edn, By J. G. Heinec- Halae Magdebur- A selection of legal illustrated, 2d London, 1843, (vil)ili BROWN, Archibald. A new law diction: — Same, American edition, by A. P. BURN, Richard and John. BURRILL, Alexander M. —) Sam CALVINUS, (or Kahl) John. Lexicon COWELL, John. Nomothetes: CRAMER, Andreas Wilhelm. Supple CUNNINGHAM, T. A newand complete DALLOZ, &rmand. BIBLIOGRAPHICAL LIST OF PRINCIPAL LAW DICTIONARIES, ‘ary and institute of the whole law, for the use of students, the legal profes- sion, and the pubile, 1 yol. 8vo. London, 1874, Sprague. 1 vol. 8vo, Albany, 1875. A new law Gietionary, intended for generat use as well as for gontlemen of the profes sion, 2 vols. 8v0. London, 1792. A now law dictionary and glossury, containing full definitions of the principal terms of the common and civil law, together ‘with translations and explanations of the various technloal purases in differ- ent langnages occurring in the ancient anil modern roports snd standatd trea- tises; embracing also all the principal common and civil law maxims. Ist Hin, 2 vole. Svo. New York, 1850. 2a Eun, 2 vols, 8vo, New ‘York, 1867. joridieum juris Casurel, simul eb ea noniei, feudalis, item, civilis, crimina- is, theoretiei ac pructict, et in seliola et | tn foro usitatarum, 1 vol.folte,. —, | 1609. ‘The In. torpreter, containing the genvine sig- nication of such obseure words and terme used either in the common or statute laws of this realm. Ist Edn, 1 vol, fotlo, Cambridge, 1607. Same, %M Edn. London, 1672. 40 Edu. London, 1708. ‘menti ai Barnabie Brissonil opus, De verborum quic #d jus civilo pertinent signilicatlone, specimen. 1 vol. dto. Kitive, 1813. law dictionary or general abridgment of the law. 84 Eun. 2 vols. 4to, London, 1783. Dictionnaire general ‘et raisonné de legislation, de doctrine, et do jurisprudence, en matiira evile, commerciale, crimnelle, administ tive, et de droit public. 4 vols. ito. Paris, 1835. ESCRICHE, Joaquin, FERRIBRE, Clande Joseph. HALKERSTON, Potor. —, Same. HOLTZENDORFF, Franz von. JACOR, Gites. LAWSON, John D. Diccionario raxo- nado do Iegisiaclon y jurisprudencia. 8d Kau, 2 vois, 4to,” Madrid, 1847. Diction- naite dedroitet de pratique. Ist Edn, 1734, 2d Edn. 1740. 84Eda, 2-vols 4io. Paris, 1762, GOIRAND, Leopold. Glossary of French, Judicial torms. [In his work on the French Cole of Commerce. 1 vol- vo. London, 1880.) A collection af Latin maxims und roles in law and equity, selected from the mosbeminent authors on the civil, eanon, feudal, English, and Seots law, with an Bae glish tronslation, 1 vol. 8vo. Bdine bargh, 1523. HOLTHOUSE, Henry James. A now Jaw dictiouary, containing explana tions of such technical terms and phrases as occur in the works of legal authors, in the practiee of the courts, ‘and in the parlismentary proceedings of the Louses of Loris and Cominons. Ist Edn. London, 1839. American edn. from 2d En- glish edn, 2 vol. 12mo, Philadelphia, 1847. Rechts Lexivon. [Part sevond of his Bue: Glopsatie der Rechts-wissenschatt.] 2 vols. 80. Lelpsie, 1375. Anow law d’etionary, con- tuining the interpretation and defini. tion of words and terms used in the Jaw, aa also the law and practice under the proper Leads and titles; together with such learning as explains the hise tory smd antiguity of the law, our manners, customs, and original gover ment. 10th Edn, By J. Morgan. 1 Vol. folio, London, 1782. — Samo. Ist American edn. from [Tom- in's] 24 English edn. 6 vols. Svo, Philadelphia, 1811, KELHAM, Robert. A dictionary of the Norman or old French language. 1 vol. 8vo, London, 179. A concordance of words and phrases construed in the Judicial reports, and of legal dedn.sions contained therein, 1 vol. Bvo. St. Louis, 1883.BIBLIOGRAPHICAL LIST OF PRINCIPAL LAW DICTIONARIES. LEE, Thomas. A dictionary of the prac in elvil actions in the courts of King’s Bench and Common Pleas, with practical directions and forms, ar- ranged under each title, 2d Kan, 2 vols. 80. London, 1825. LLOZD, A. Pariett. Glossary of works and terms frequently used by builders, architeets, ele, [Printed in his Trea- tise on the Law of Building. 1 vol. 8vo. Boston, 1888.) LOFFT, Capel. Maxims and rules of the Jaw of England and prineiples of equi- ty. [In his reports of cases adjudged | in the court of King’s Bench. 1 vol. folio, Londen, 1776, Sume, 1 vol. vo. Dublin, 1790.] MAXWELL, John Irwing. A pocket Gietionary of the law of bills of ex- change, prowissury notes, bank notes, ehecics, ete. 1 vol. 12m0. Philadel phia, 1803. MONTEFIORE, Joshua. A commerctil dictionary, containing the present state ‘of mercantile law, practive, and cus tom. Ist Amer. Edn. vols. 8vo. Philadelphia, 1804, MOZLEY (Herbert Nowman) and WHITLEY, (Goorgo Crispo.) A concise lass dictionary, 1 vol. 8v0. London, 1876. OSTERSEN, Christian. Glossarium juri- Aico-Danicum. 1 vol. dto. Kjtben ravn, 1G41. Note, A secon, reviseil edition was printed in 1652, and this, was reprinted in 1605 and sulse- quently. POTTS, Thomas. A compendious law dictionary, containing both an expla. ution of the terms and the law itself. Intended for the use of the conutry gentlem:m, the merchant, and the pro- fessional man, 1yol. 16mo. London, 1808. RAPALJE (Stewart) and LAWRENCE, (Robert L.) A dictionary of Amer- lean and English law, 2 vols, $vo. Tersey City, 1583, RASTELL, John. ‘Terms of the law: or certain difficult and obscure words and terms of the common and statute Inws expounded and explained in French ‘and English. 1 vol. 16mo. Londun, ix AT21. Note. This work is also known as “Termes de In Ley.’ RAWSON, Honry Gilbert. The pocket Jaw lexicon, explaining teelical words, phrases, and maxims of the English, Scotch, and oman law. 2d Edo, vol. 1Gmo. London, 184, SCHLYTER, Carl Johan, Glossarium ad corpus juris Sneo-Gotorum antiqui: Ordvok till Simlingen of Sweriges Gaula Lagar, 1vol.4to, Land, 1877. SKENF, John, De verborum significa tione; the exposition of the termes and ificill wordes conteined in the foure buiks of “Regiam Majestatem” and uthers, in the wots of parliament, ete, vol. 4to, London, 1641. —, Same. Printed at the end of the col- lection of the laws of Jauwes 1. Folio, Edinburgh, 1597. SPELMAN, Sir Henry. Glossarium ar chaiologicum; continens Latino-Hare bara, peregrina, obsoleta, et novatee significationis vooabula. Ist Edn. 1 vol. 4to. London, 1626. —,Same. 84 Edn. 1 vol. folio. Lom don, 1687, STIMSON, F. J. Glossary of technical nd maxims of the Lyol. 12mo, Boston, torms, phrases, common Law. iss. SWEET, Charles. A dictionary of English law, eontahing deuuitions of the tech- nical terms in modern use and a cone cise slatement of the rules of law affecting the principal subjects, with historical and etymological notes. 1 vol, 80, London, 1852. TAYLER, Thomas. A law-glossary of tho Tatin, Greek, Norman, French, and other Languages, interspersed in the commentaries by Sir W. Blackstone, Knt., and various law treatises upon each branch of the profession, trans- lated into English and alphabetically arranged, 1 yol.8vo, London, 1819. —,Same. American editfon. Albany, 1838, THRMES DE LA LEY. TOLLUIRE (R. 8.) and BOULET (J. B. B.) Nouveau dictionnaire des termes de droit et de pratique: ou Perviére moderne, 1 vol. 80. Paris, ‘Seo Rastett. 184i.x BIBLIOGRAPHICAL LIST OF PRINCIPAL LAW DICTIONARIES, TOMLINS, Sir Thomas E. The law dic- | WHARTON, J.3.S. Same. 7th Eda. tionary, explaluing the rise, progress, JM. Lely. 1vol. 80. London, 18% ‘and present state of the British law, | ——, Samo. Ist American from ist English defining and interpreting the terms or Edu. 1 vol. 8v0, Philadelphia, 1854. words of art. 4th Edn. 2 vols, 4to. | Feat aaas | WHISHAW, James. A new Inw diction ary, containing a concise exposition of the mere terms of art and such obso- i lete words ns occur in old legal, histor- PRAYNER, John. Latin phrases and fai, und antiquarian writers, 2 vol. maxims, collected from tho institu v0. London, 1829, tioual and other writerson Scotch law, | WILLIAMS, Thomas Walter. A com- with translations and illustrations. recite MPR ecient ial ale? 24 Eda, 1 vol. 22mo, Elinburgh, tionary, elucidating th terms and gene —, Same, 1st Amoriean trom 4th English | Eun. Bvols. 8¥o. Philadelphia, 1336. 1876. ‘eral principles of law and equity. 1 VICAT, Philtp. Vocubulariuin juris Sync uérlusque, ex variis ante editis, 24 | WINFTEED, Charles H. Adjudged words ‘Tan. & vols. 8v0. Naples, 1760, sand phrases, being a collection of a= TE aie. in ine: lhstetn, Judieated definitions f terws used ia ‘the law, with references to authorities. forming an epitome of the law of Fing- vol, Svo., Jersey Gity, 1882. Jand, and containing full explanations of the technical terms and parases | WINGATE, Edmond, Maxiios of reason, thereof, both anclentand moiern. Ist oF the reason of the cowmon law of Ban. vol. 8vo, London, 1848. England, 1 vol. Sto, London, 1658,“ we BLACK’S DICTIONARY OF LAW. ® A A. ‘The Gret letter of the English alpha- hoot; used to distinguish the first page of a folio from the second, snarked b, or the first page of a ook, theirst foot-noteon a printed page, the Uist of a veries of subdivisions, etc., from the following ones, which are marked b, ed, @, ete. A, Lat. ‘The letter marked on the bal {ots by whieh, among the Romans, the people voted against a proposed law. It was the | Imitial letter of the word “antique,” {am for the old law. Tayl, Civil Law, 191 | ‘A. Lat. ‘The letter inscribed on the bal- lots by which, among the Romans, jurors voted to noqnit an accused party. Ib was {ho initial letter of “ebsotea,” Lacquit. ‘Tayl. Givil Law, 192, “A.” ‘The English indefinite article. ‘This particle is not necessarily a singular term; It is often used in tho sense of “any,” ‘aud is then applied to more than one in vidual object, 141 Mass, 266, 4 N. E. Rep. 794; 101 N. ¥. 488, 5 N. 1, Rep. 822; 60 | Towa, 223, 14 N. W. Rep. 247. | ‘A.D. Lat, Contraction for Anno Dom- | éni, (in tho year of our Lord.) | A. R, Anno regni, the year of the reign; aa, AR. Ve Ry 22) (Anno Regné Victoria Reyine cleesimo scoundo,) in the twenty- second year of the reign of Queen Victoria, AL, Of the highest qualities. An ex pression which originated in a practice of underwriters of rating vessels in tires classes, =A, B, aud ©; and these again in ranks numbered. Abbott. | A AVER ET TENER. L. Fr. (1. Lat. Aabendum et tenendum.) To have und to hold. Co. Litt, §§ 523, 524. A aver et tener a luy ata 409 heives, @ touts jours,—to have and to hold to him and his heirs forever. 1d. § 625. Seo VER ev TEER. Aw. DioT.Law—1 | max. 203. x c A coo vsquE AD centTaum. D Fioin the heavens tothe center ofthe enc, A communi observantia non ost re- cadondum. From common abservance there Should be uo depactare; there must bono de- parture from common usage. 2 Coke, 74; Co, Litt, 186a, 2296, 65a; Wing. Max. 752, ‘A maxim applied to the practic of the courts, to the ancient and establisied rors Tuas llanine eucen rere lee! eat os professiount usage generally. 1d. 752-755. Tond Coke applies it to eominon professional opinion. Cv. Litt. 1864, 8642, A CONSETAIS. (Lat, eonsitinm, advice) § Of counsel; counsellor. ‘The teruy i used in the elvil low by some writers instead of @ responats, Speluinn, “Apocrisartus.” A CUEIDGRTTE. In Frenen jaw. In relation to the contract of aifveightment, signifies when the cargo is talvew on condition that the mastor succeeds in completing his enrgo fvom other sources. Arg. Fr. More Law, 543. 1 A DATU, L. Tat, From the date. 2 Salk, 418, 4 de datie, from the day of the date, Id.; 2 Crabb, Real Prop. p.245, § 13/1; 11d, Rayen, 84, 480; 2 Ld, Kaym. 1242, 4 J dato, from the date, Gro, Jae. 135, A digniori flori dobet denominatic. Denomination ought to be from the more worthy. ‘The description (of a place) should bo tuken from the more worthy subject, (aa from « will.) Fleta, lib. 4, ¢ 10, § 12. A digniori leri debet denominatio et ogorutio, he ttle and exposition of = thing ought to be derived trom, or given, or made with reference to, the more wo:thy de. agree, quality, or species of it, Wing, Max, 265, max. 25. A rorvar? ET sans caravrre, M In French law. A formula used in indors-A FORTIORT Ing commercial paper, and equivalent to “without recourse.’ A FORTIORI, By a stronger reason. ‘A torm used in logic fo denote an argument to the effect that becanse one ascertained fact exists, therefore another, whieh is included’ {in It, or analogous to it, and whieh is less im= probable, unusual, or surprising, must also exist, A GRATTA, Prom grice or favor as a mutter of indulgence, nob of right, ALATERE, Lat. From thoside, In counection with the sucesssion to property, theterm means “collateral.” Braet. fol. 200, Also, sometimes, “without right.” Id. fol, 426, In ecclesiastical law, a legate a latere {8 ono invested wit full apostolic powers; ‘one authorized to represent the pope as if the jntter were present. Da Cunge. A LIBELLIS. 1, Lat. An offer who hhad charge of ti. {sbef8éor petitions addressed to the sover Calvin. A name some times given to n eliuncetlor, (ounsetiarius,) In the early history of that olfice, Spelman, “Caneetlarius, A Pimpossible nul n'est tonu. Noone fs bound to do what is impossible, A ME. (Lat. ego, 1) A term denoting direct tenuroot the superiorlord, 2 Bell, H. L.8e.133. Unjustiy detaining from me. He is anid to withhold 2 ma (from mo) who has obtained possesston of my property unjustly. Calvin. A MENSA ET THORO. From bed fan) board. Descriptive of a limited divoree or separation by Judicial sentence, A NATIVITATE. Irom birth, or from infaney. Denotes that’ a disability, status, ete, is congenital, A non posse ad non esso soquitur ar- gumentum necessarie negative. From ‘the impussibility of a thing to its non-exist. ence, the inference follows necussirily in the negative. ‘That which cannot be done is not Jone, Hob, 3368. Otherwise, in the atfirm= ative. Id, A PALATIO. L.Lat, From palatinn, (wpalace.) Counties palatine are hence so. called, 2 BL Comm, 117. Sea Pacarros, A piretis aut latronibus capti liberi permanent, Persons taken by pirates or tobbers remain free, Dig. 49, 15,19, 2; Gro. Jo J. B. lib. 3,.8, $1 A BESPONSIS A piratis ot latronibus copta domin- jum non mutant. Things taken or enpt- tured by pirates and robbers do not change thetr ownersbip. Bynk. bk. 1, ¢.17; 1 Kent, Corum, 103, 184. No right to the spoil vests in the piratieal eaptors; no tight Is derivable from them to any recaptors in prejudice o. the original owners, 2 Wood, Lect. 428. A POSTERIORI. A torm used in logic todenote an argument founded on experi- ment or observation, or one whieh, taking ascertained facts as an effect, proceeds by synthesis and induction to demonstrate their cause, A PRENDRE. L.Fr. Totake. ref a prendre ta terre, a writ to take the land. Fot Aas. § 51. A right to take something out of the soll of another is a profit a pren- dre, or a right coupled with a profit. 1 Crabby Real Prop. p. 125, § 115. Distin« ‘ghished froman easement. 5 Adol, & E, 758. Sometimes written as one word, apprendre, apprender. A PRIORI. A term used in logic to de note an argument founded on aualogy, or al slract considerations, or one which, positing 4 general principle or admitted truth as a cause, proceeds to deduce from it the effects ‘which must necessarily follow. A QUO. A term used, with the correla. tive ad quem, (to whieh) in expressing the computation of time, and also of distance in space. ‘Thus, déas & quo, theday from which, and dius ad quer, the day to whieh, a period of time is computed, So, terminus @ quo, ‘the point or Limit from which, and terminus ‘ed quem, the point or limit t0 which, a dis- tanee or passage in space is reckonesL. A QUO; AQUA. From which, The judge or court froin which a ewuso bas been brought by error or appeal, or bas otherwise been removed, is teriad the judge or court @ quo; aqua. Abbott, A RENDRE, (Ft. to render, to yield.) ‘That whieh isto be rendered, yielded, or paid. Profits & rendre comprehend rents and sery- ices. Mam, N. P. 192. A reseriptis valet argumentum, An arguinent draw from original writs in the register is gool. Co, Litt, 1a. A RESPONSIS. L. Lat. tical law. One whose offiee it was to give or convey answers; otberwisa termed respon- salts, and apoerisiavius. One who, being consulted on ecclesiastical matters, gave an- In evclesias- |A RETRO Fy ‘swers, counsel, or advice; otherwise termed Geonsildés. Spelman, “Aposrisiartus.” A RETRO. 1. Lat, Behind; in arrear. BE redituy proveniens iniie a retro fuerit, and the rent issuing thereftom be in arrear. Fleta, tib. 2, ¢. 35, § 2. ARUBROADNIGRUM. Lat. From the red to the black; from the rubric or title of a statnte, (whieh, anciently, was in red Ietters,) to its body, which was in the ordi- mary tack, ‘Tray. Tat. Max.; Boll, “2u- bri” 4 summo remedio ad inferiorem ac- tionem non habetur regressus, neque amxilium. From (aiter using) the highest remedy, there can bo no recourse (going bbick) to an inferior action, nor ussistaneo, (derived from it.) Pleta, lib. 6, ©. 1, §2. ‘A maxim in the old law of real actions, when thers wore grales in the rewedies give the rule being that a party who brought # writ of right, which was the highest weit in the iaw, could not afterwards resort or de- seend to an inferior remedy. Braet. 1120; 3 BL Comm, 198, 194. A TEMPORE CUJUS CONTRARIL MEMORIA NON EXISTET. From timo of which memory to the contrary doss not exist, A yerbis legis non est rovedendum. ‘Prom the words of the liw there must be no departure. 5 Coke, 119; Wing. Max.25. A. court Is not at liberty to disrezard the express etter ofa stalute, in favor of a supposed in- tention. 1 Steph. Comm. 71; Broom, Max, 28. A VINCULO MATRIMONTT. (Lat. froin the bond of matrimony.) A. term de seriptive of a kind of divoree, wich effects ‘4 complete dissolution of the marriage eon- tract, Seo Divoxcr. Ab abusu ad usum non valet conse quentia. A conclusion as to the use of a thing from its abuse is invalld. Broom, | Max. 17. AB ACTIS. Lat. An officer having charge of eta, public records, registers, jour- nals, or minutes; an oficer who entered on recorl the avta or proceedings of a court; a | clerk of court; @ notary or actuary. Calvin. Lax, durid, See “Acta.” ‘This, and the Ailarly formed epithets & edness, 2 secree tts, @ libeltix, wore also ancicutly the titles of actancellor, (ccre-Haréus,) ia the easly AB INTESTATO story of that office. Spelman, “Cancella- réus.”” AB AGENDO. Disabled trom acting; unable to act; tran incapacitated for business or tions of any kind. AB ANTE. In advance. Thus, a legie- Inture cannot agree ab ante to any modifica. tion or amendment to & law which @ third person may make, 1 Sum. 808. AB ANTECEDENTE. Beforeband; in wlvanee, AB ANTIQUO, Of old; of an ancient date, Ab assuotis non fit injuria, From things to which one is accustomed (or in wilich there has been long aequiesconco}no Jegal injury or wrong arises. if a person negleet to insist on his right, heis deemed to have abandoned it. Amb. 643; 8 Brown, Ch. 639. AB EPISTOLIS, Lat. An officer bav- ing charge of the correspondence (epistola) of his superior or sovereign; a secretary. Calvin; Spiegelins, AB EXTRA. (Lat. extra, beyond, with- out.) From without. 14 Muss. 151. AB INCONVENIENTI. From hard ship, orinconvenience. An argument found- ed upon the hardship of the ease, and thein- eonvenience or disastrous consequences £0 which a different course of reasoning wonld Teal. AB INITIO. L. Lat, From the begin- nings from the frst act, A party is said to be a trespasser ab énétio, an estate to be good ab initio,an agreement ordeal to be void ah initio, a marriage to be unlawtul ab initio, and the like, Plow. 62, 164; 1 11. Comm. 440. AB INITIO MUNDI. Lat. From the beginning of the workl. Ab initio mundi usque ad hodéernum diem, trom the begin ning of the world to this day. ¥. 18. M.1 Baw. TIT. 24. AB INTESTATO. Tat, In the civil law. From an intestate; from the intestate; In ease of intestacy. Lereditas ab intestate, an inberitance derived from an intestate. Inst. 2,9, 6. Successiv ab tntestato, succes sion to an Intestate, or In case of inteslacy. Id. 3, 2,3; Dig, 38,6, 1. This answers to the descent or inheritance of real estate at common law. 2 BI, Comm. 190, 518; Story, Cond. Laws, § 480. “Heir ab intestate.”AB INVITO 1 Burr. 420. ‘The phrase “ad intestato” generally used a8 the opposite or altornative of ex testamento, (from, by, or under a will.) Val ex testamento, vel ab intestato [hared- itales] perlinent,—inheritances are derived iter from a will or from an intestate, (one who dies without a will.) fnst. 2, 9, 6; Dig. 29, 4; Cod. 6, 14, 2. AB INVITO. Lat. By orfrdin an um willing party. A trauster ab énedto is acome pulsory transfer. ABIRATO. By one whois angry. A dovise or giftmaie by a man adversoly to the interest of his heirs, on account of unger or | hhatred against them, is said to be wide ab frato. A suit to set aside such a will is called an action ab drat. Mel. Report. “Ab trato.” ABACTOR, In Roman law. A cattle thief; a driver away of cattle and other ani- mals; one who stole eattlo in numbers; one ‘who abstracted exttle from the herd, intend ing to steal them. Also called abigeus. Blount; Cowell. ABADENGO. In Spanish law. Land owned by an ecclesiastical corporation, and therefore exempt from taxation. In partie ular, ands or towns uncer the dominion aud jurisdiction of an abbot. ABALIENATIO. In Roman law. ‘Tho perfect conveyance or transfer of property from one Roman citizen to another. ‘Lhis teria gave placo to the simple atienatio, which is used in the Digest and Institutes, ‘a5 well ag in the fendal law, and from which the English “wlienstion” has been formed, Inst. 2, 8 pres 1d. 2, 1, 40; Dig. 50, 16, 28. ABAMITA, Lat. In thecivil law. A preat-great-graudfather’s sister, (abavi som ror.) Inst. 8, 6, 6; Dig. 88, 10, 8. Called amita maxima, 1d. 88, 10, 10, 17, Called, in Bracton, abamita mayna. Bract. fol, 685, ABANDON. To desort, surrender, re- inguish, give up, or cede. See ABANDON- MEST. ABANDONEE. Apartyto whom aright ‘or property is abandoned or relinquished by another. Applied to the insurers af vessels and cargoes. Lond Bilenborough, C. Ju. 5 Maule & 8. 82; Abbott, J., 1d. 87; Holroyd, 3. Id. 89. ABANDONMENT, The surrender, re- Mnguisbment, disclaimer, or esssion of prop- exty or of rights, 4 ABANDONMENT FoR TORTS ‘The giving up a thing absolutely, without reference toany particular person or purpose; as throwing a jewel into the highway; leav- Ing a thing to itself, as a vessel ab sca; de sertion, of dereliction. (2 Bl. Coram. 9, 10.) Burrill, In marine insurance. A. relinguist iment or cession of property by the owner to the insurer of it, in order to cla aa for a total loss, when in fact it is so by constenc- tion only. 2 Steph. Comm. 178. Tho exer- cise of a right whici a party having insured ‘foods or vessels has to call upon the insurers, in cases where the property insured has, by perils of the sea, become so mueb damaged as to be of little value, to agcep of what is or may he saved, ani to pay the full amount of the insurance, as if a total loss hal ack ally happenod. Park, Ins. 143; 2 Marsh. Ins 559; 8 Kent, Comm. 318-335, and notes. AAbandoument is the act by whieh, after a constructive total loss, a person insured by contract of marine insurance deelares to the insurer that he relinquishes to him his fnter- est in the thing insured. Civil Code Cul. g 2716. ‘The term ts used only in reference to risks in navigation; but the prineiple is applicable {in fire insurance, where there are remnants, and sowetimes, also, under stipulations in life policies in favor of creditors. In maritime law. ‘Tue surrender of a vessel ani freight by the owner of the same toa person having a claim thercon arising ‘out of a contract inade with the master. See Poth. Chart. § 2, art. 3, § 51. By husband or wife. Theact of a hus band or wife who leaves his or her consort willfully, and with an intention of causing peryetual separation. “Abandonment, in the sense in which it is used in the statute under which this proceeds ing was commenced, may be defined to be the act of willfully kaving the wife, with the intention of casing a palpable separation bee tween the parties, and implies an actual de- settion of the wife by Ue husband.” 60 Ind. 279. In Frouch law. The act by which a debtor surrenders his property for the benefit, of his creditors, Merl. Repert. “Abandon ment.” ABANDONMENT FOR TORTS. In the civil law. ‘The act of a person who was sued ina noxal action, (.¢., fora tort or tres ass committed by his slave or his ammal, in Felingnishing and abandoning the slave orABANDUN anfuial to Wie person injured, whereby he saved bimactf from nny further responsi Seo Inst. 4, 8,9; 11 La. Ann. 396, ABANDUN, or ABANDUM. Anything sequestara?, proscribed, orabandoned. Aban- dom, fe, in tannum res missa, a thing banndd or denounced us forfeited or lost, whenos to abandon, desert, or forsake, as fost and goue, Cowell. ABARNARE. Lat. To detect or dis- cover, and disclose toa magistrate, any seeret crime, Toges Cunuti, cup. 10. APAPAMENWUM. L.Lat, Inold En- wish law. An abatement of freehold: an fentsy upon lands Ly way of interposition be- tween tlie deuth of the ancestor and the entry ‘ofthe cir. Co, Litt, 277a; Yel. 151. ia; ABATEMENT. Tn vloadine. Thecf- fect produced upon an action at law, when the dotendant pleads matter of fact showing the writ or declaration to be detective and incorrect, ‘This defeats the action for the time being, but the plaintif may proceed with Mt fter the defect is removeil, or may recom mene it ina beiter way. In England, in ‘equity pleading, dectinatory pleas to the ju Fisdietion and dilatory to the persons were (prior to the judicature acl) sometimes, by Analogy to common law, termed “pleas in Nbatement.”| Im chancory practice, The determina- tion, cessation, or suspension of all proceed. ings in aswit, from the want of proper pur- ties capable of proceeding therein, as upon the death of one of the parties pending the suit. Seo 2 ‘Tid, Pr. 92; Story, Eq. Fl. 358. In mercantile law. A drawback or re bate allowed in certain eases on the duties due on ‘imported goats, in consideration of their deterioration or damage su(fered during importation, or while in store. A diminn~ ton oF deereuse in theamountof tax imposed ‘upon any person. Tn contracts. A reduction mate by the ‘ereditor for the prompt payment of a debt due by the payor or debier, West, Ins. 7 Of legacies and debts. A. proportional ‘diminution or reduction of the pecuntary | scies, when the fonds or assets out of which suck legacies are payaile are not suMelent to pay them in fall, Ward, Leg. p. 869, ¢. 6, $75 TL Giory, 1g. Jur. § 555; 2 Bi. Comm. 512, 513. In equity, when equitable assets aro insuificlent to satisfy fully all the ereditors, their debts must abate ia proportion, und | ADAVIA, they must be content with a dividend: for equitas est quasi aqualitus. ABATEMENT OF A NUISANCE. ‘The removal, prostration, or destruction of that which causes @ nuisance, whether by breaking or pulling it down, or etherwise re- moving, disintegrating, or effacing it. ‘Yhe remedy which the lav allows a party injured by a nuisance of destroying or re moving It by his own act, 50 a8 hie comm'ts no riot in doing it, nor oceasfons (in the case of a privato nuisance) aay damage beyond ‘what the removal of the inconvenience nece essurily requires, 8 Bl. Comm. 5, 168; 8 Steph. Coinm. 8615 2 Sali. 458. ABATEMENT OF FREEMOLD. This takes place where a person dies seised of au inheritanee, and, before the heir or devisee enters, a stranger, having no right, makes a wrongtal entry, und gets possession of it. Sueh an entry is technically ealled an “abate ment,” and thestrangeran “abator.” Itis,in fact, a tigurative expression, denoling that the tightfu) possession or freehoid of the heir or devisve is overthrown by the unlawful in- tervoution ofa stranger. Abatomasnt ailfers from éutruston, in that tt is always to the Prejudice of the heir or immediate dentsee, whereas the lutier is to the prejudice of the recersioner or remaiuder-mun; and dissctsin differs from them both, for to déssetsa is to pnt foreibly or fraudulently a yorson seised of the frechvid oat of possession. 1 Co. Lust. 27a; 8 Bl. Comm. 166. By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the death of the actual possess. Lefore the beir entered, (Howard, Aneienues Lois des Francais, tome 1, p. G38.) Bouvier. ABATOR. Im real property law, a stranger who, having no right of entry, con- trives to get possession of an estate of free hold, to the prejudice of the heir ur devise, before the latter eaa enter, ufter tho auces- tor'sdeath, Litt. § 897. In the law of torts, one who abates, prostrates, or destroys a uti- ance. ABATUDA,. Anything diminished. Moneta abatida is money clipped or dimine ished in value, Cowell; Dufresne. ABAVIA. Lat, In the elvil law. a | grent-great-grandmothor. Inst. 3, 6,4; Dig. ML 38, 10, 1, 6: Braet. fol. 680.ABAYITA ABAVITA. A great-great-grandfather's | by buying up at wholesale the merchand! sister. Bract, fol. 686. This is a misprint for abamita, (q. v.) Burrill. ABAVUNCULUS, Lat. In the civil law A great-great-grandmother's Lrother, (abavie Frater.) Inst. 8, 6, 6; Dig. 88, 10, 3. Called aruncutus maximus. 1. $8, 10, 10,17. Called by Bracton and Pleta ata- tunoulus magnus, Bract, fol. 686; Fleta, Ub, Ge. 2, § 19. ABAVUS. Lat. In tho civil law. A great-grent-grandfather. Inst. 8, 6, 4; Dig, 38, 10, 1, 6; Bruck fol. 674. ABBACY. Thegovernment ofa religious house, and the revenues thereof, subject to ‘an abbot, as a bishopric is to a bishop. Cow- ell. ‘The rights and privileges of an ab- bot. ABBEY. A society of religious persons, having an ablot or abbess to preside over them. ABBOT. The spiritual superior or gov- ornor of an abbey or monastery. Feminine, Abbess. ABBREVIATE OF ADJUDICATION. In Seotch law. An abstract of the decroo of adjudication, and of the lands adjudged, with the amount of the debt. Adjudication is that diligence (execution) of the law by whieh the real estate of a debtor is adjudged to belong to bis creditor abbreviate must be recorded In the register of ‘djudications, ABBREVIATIO PLACITORUM. An vstrnet of ancient judicial records, prior to the Year Books. See Steph. Pl. Append. xvi. ABBREVIATIONS, Shortened conven- tional expressions, employed as substitutes for names, phrases, dates, and the like, for the saving of space, of time in transcribing, ete, Abbott. ‘ Abbroviationum, ille numerus ot sen- sus accipiendus est, ut concossio non vit ingnis. In abbreviations, such number ‘and sense Is to be taken that the grant be not made void. 9 Coke, 48, ABBREVIATORS. In ecclesiastical law. Officers whose duty it is to assist in drawi up the popo’s briefs, and reducing petitions Into proper form to be converted into papal bulls, Bouvier. ABPROCHMENT, MENT. or ABBROACH- ‘Tho act of forestalling a market, payment of a debts and the | 6 ABETTOR intended to be sold there, for the purpose of selling itat retail. See FORES?ALLING. ABDICATION, ‘The act of a sovereign in renouncing and relinquishing his govern- ‘ment or throne, so thut either the Urone is left entirely vacant, or is dled by a succes sor appointed or elected beforehand. Also, wherea magistrate or person in office voluntarily renounces or gives it up before the time of service has expired. It differs from resignation, in that resignation is made by one wo has reesiveit his oflice from an- olher and restores it into his bands, as an in« ferior into the bands of a superior; abi tion is the relinguishment of an office which Las devolved by act of law, It is said to be a renunciation, quitting, and relinquishing, s0 a8 to havo nothing further to do with thing, o the doing of such actions as ure in- consistent with the holding of it. Chambers, ABDUCTION. In criminal law. The offense of taking away a man's wife, child, or ward, by fraud and persuasion, or open violence. 3 BI. Comm. 139-141. ‘The unlawful taking or detention of any female for the purpose of marriage, eoncu- binage, or prostitution. ABEARANCE. Behaviors as a recog- nizinco to be of good abearance signifies to be of good bebavior. 4 BI. Comm. 251, 256 ABEREMURDER.~ (From Sax. abore, apparent, uotorions; and mord, murder.) | Plain or downrigiit murder, as distinguished from the less heinous crime of manslaughter, or chance me It was declared a capital offense, without fine or commutation, by the Inws of Canute, e, 93, and of Hen. I. c. 13. Spelman, ABESSE. Lat. In the civillaw. To be absent; to be away from a place. Said of a person who was extra eontinentia urtis, (be yond the suburbs of the city.) ABET. Incriminal law. To encourage, incite, or set another on to commit a crime. ‘To abet another to commit a murder is to ‘command, procure, or counsel him to commit it, Old Nat. Brov. 21; Co. Litt. 475. ABETTATOR. L, Lat, In old English law, An abettor, Flela, lib. 2, ¢. 65, § 7. Seo Amerrox, ABETTOR. An ine stigator, or setter on; one who promotes or procures a crime to be committol; one who commands, advises, instigates, or encouragesABETIOR 7 mother to commit a crime; a person who, be- fag present or ia tho nelyhborhood, incites another to commit crime, and thus becomes A principal. “The distinction between atiettors and ac~ eeasuties ig the prosouce oF alisence at the commission of theerime. Cowell; Fleta,1 ,e.d4. Presenco and participation are nec- ‘essary to constitute a person an alictior. 4 Shara, Bl. Comm. 33; Russ. & R.995 9 Bing. N.C. 440; 18 Mo, 382; 1 Wis. 159; 10 Pick. a. ABEYANCE. In the law of estates. Ex: pestation; waiting; suspense; remembrance and contemplation in iaw. Where thore is no person in existence in whom un inberit anes can vest, it 1s said to bo in abeyance, that Js, in expsetation; the law eonsidering tas always potcntially existing, and realy to vest whenever a proper owner nppoats. 2 BL Com, 107. Or, in other words, it is said to be in the remernbranco, eonsiderntion, And intendient of tho law: Go. Litt. §§ 646, 650. ‘The term “abeyance” is also sometimes applied to personal property, Tims, in the case of maritime captures daring war, 1 is said that, watil the capture becomes invested with the character of prize by a sentence of soniemnation, the right of property is in abeyance, oF (x stato of logal sequestration. 41 Kent, Comm. 102. It hus also been applied to the franchises of a corporation. “When a corporation iso be broughtinto existence by some future acts of the corporators, the frun- chises remain in abeyance, until such acts are dunes and, whon the corporation is bronsbt into life, the frmebises instantanoously at- tach toit.” Story, J., 4 Wheat, O91, ARIATICUS, of Aviatious. L. Lat, In fendal law. A grandson; the son of a on, Spelman; Lib. Feud., Barateri, tit. & cited 1a. ABIDE. To “abldethe order of the court” means to perform, execute, or conform to such order. 8 Cush, 297; 7 Tex. App. 33; 108 Mass. 585. ‘Acstipulation in an arbitration boud that the parties shall “abide by” the awar’ of the ‘arbitrators means only that they shall await thy award of the arbitrators, without revok~ ing the submission, and not that they shall acquiesce in the award when made. 6 N. 1. 162; 43 N. HL. 40. ABIDING BY. In Scoteh law. A ju- tela! declaration that the party abides by the deed on which he founds, in au action where. the deed or writing is attacked as forged. ABILITY | Tnloss this be done, a decree that the decd is | false will be pronounced. Pat. Comp. It hus the effect of pledging the party to stand | the consequences of founding on @ forged deed. Bell, ABIGEATORES. Inthecivitlaw. Cut- tle stewlers; tose who drove away cattle or other animals, with the intention of stewing them, A rarer form of abiget, (q. v.) Cale vin. ABIGHATUS. Lat (From abijere, to rive away.) In the civil law. The offense of stewling or driving away cattle. Dig. 47, 14, 2 ABIGET. Lat. Intheeivil law. Cattle stealers. Dig, 47, 14 1,1. Calvin; Bris sonius; 4 Bl. Comm. 289. See Anizus. ARIGERR, Lat, (From 2b, from; and agere, to drive.) In the civil law. ‘To drive away. Appiiedto those who drove away ani- mals with the intention of stealing thea. Dig. 47, 14, "De abigeis.” Applied, also, to ‘the similar offense of cattle steuling on the borders between England and Scotland. Scott's Minstrelsy of the Seottish Horder, Tn- ‘trod. Append. No. vii, ABIGERE, To drive out; to expel by fores; to produce abortion. Dig. 47, 11, 4 ABIGEUS, Lat. (Krom abigere, todrive away.) Tn the civil law, A stealer of eat- fe; one Who drove or drew away (sudtrazit) cattle from their pastures, ax horses oF oxen froin the herds, aud made booty of them, and who followed this as a business or trade, Dig. 47, 14, 1, 1. The term was applied also to those who drove avay the smaller animals, asswino, sheep, and goats. 1a. 47, 14, 1,2. In the Intter ease, iedepeniied on the number taken, whether the offender was fur (1 com- mou thief) or abigews. Ja. 47, 14,8. Bat the taking of a single horse or ox seoms to have constituted theerime ot abigeatus. Dig. 47,14,3. And those who freguentiy dtd this ‘were clearly abigei, though they took but an animal ortwoata time. 0.47, 14,32. See Cod. 9, 87; Nov. 22, ¢. 15, § 1. ABILITY. Whon a statute makes tt a ground of divorce that the hustand has neg- leeted to provide for his wife the common necessaries of life, having the ability to pro vide the same, the word “ability” has refer- ‘ence to the possession by the husband of the means in property to proville such neeessin ries, not to his eapaeity of acquiring: such. means by labor, 9 Cal. 476, uABISHERING ABISHERING, or ABISHERSING. Quit of amereemonts, It originally signified. 4 forfeiture or amercement, and is inore prop- erly mishering, mishersiuy, or miskeréngy xe= cording toSpelman, It has since been termed. a liberty of freedom, because, wherever this Word is used in a grant, the persons towhom tho grant {s made have the forfeitures and amercements of all others, and are themselves free from the control of any within their fee. ‘Tormes de la Ley, 7. ABJUDICATIO. In old English law. ‘The depriving of a thing by the judgment of ‘court; a putting ont of court; the same as forisjudieatio, torjadgment, forjudger. Co, Litt. 100a, 6; ‘Townsh. Pl. 49. ABJURATION OF ALLEGIANCE. One of the steps in the process of naturaliz- ing analien, Iteonsists in formal deciara- tion, made by the party under oath before a competent authority, that be rononnces and abjares all the allegiance and delity whieh, he owes to the aovereign whose subject he has theretofure ven. ALJURATION OF THE REALM. In ancient English law. A renunciation of ‘one’s eountey, a species of self-imposed ban- ishment, under an oath never toreturn to the kingdom unless by permission, This was fortaer'y allowed to criminals, asa means of saving their lives, when they had confessed their erimes, and fled to sanctuary. See 4 Ll. Comm, 382, ABJUNE, To renounce, or abandon, by or upon vat. See AWURATION. “Pho dosision of theatre iu Arthur ¥. Broad: a $ Ala 7, allt toad Uf tho husbutd Baa wl Juved the state, aad roulaias broad, tbo lo reauwhilo trediag as @ eine sule, could rooover {yu note wich was given to Ber as auch. We ‘must consider “abjure, as there uso Fempiping a ot joamont of the stato; a de- arturo irom the state without the fotontion of r= turning, ad not a ounclation of one's country, Uupoo an oath of perpetial banishment, us the Loran origiualy ipod” iG Ala 148. ABLE-DODIED. As usel in a statute relating to service in the militia, this tenn does not imply an alsolute freeoi from all physical ailment. It imports an absence of ‘those palpable und visible defects which evie dently incapacitats the person from performa- ing the ordinary duties of a soldier. 10 Vt 132, ABLEGATI, Papal ambassadors of the secon ranlk, who aie sent toa country where there ia not a nunefo, with 4 less extensive ‘commission than that of a nuncio. ABOUT | ABLOCATIO. A letting out to hire, oF leasing for money. Calvin. Sometimes used in the English form “ablocation.” ABMATERTERA. Tat, In the civil | law. A great-great-grandimother's sister, (abavie sorar.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called matertera maxima. 1d. $8, 10, 10, 17. Called, by Bracton, abmatertera magna. Braet, fol. 6b. ABNEPOS, Lat. A groatgreat.grand son. ‘The grandson of a grandson or grand- daughter. Calvin, ABNEPTIS. Lat. A great-great-grand- daughter. ‘The granddaughter of a grand- son or granddaughter, Calvin. ABODE, The place where a porson awells, ABOLITION. The destruction, abroga | ton, or extinguishment ot anything; also the leave given by the sovereisn or judges to @ criminal accuser to desist from further pros- ecution. 25 Hen, VILL. e. 21. ABORDAGE. Fr. In French commer cial law. Collision of vessels, ABORTION. In crimivallaw. Themis carriage or prematuse delivery of a womin who is quick with child. When this is brought avout with a malicious design, or foran unlawful purpose it is a crime in law. The act of bringing forth what is yet 1m- porfeet; and partivularly the delivery or ex- pulsion of the buman futus prematurely, or before it is yet capable of sustaining life, Also Lhe thing prematurely brought forth, or product of an untimely process. Sometimes loosely used for the offense of procuring premature delivery; but, strictly, the early Aolivering is the abortion; causing or procur ing abortion is the full name of the offense. Abbutt. ABORTIVE TRIAL. A term deserip- tive of the result when a case has gone offy nnd no verdict las been pronounced, without the fault, contrivance, or management of the parties. Jevb & B. 31. ABORTUS. Lat, The fruit of an abor- ‘lon; the child born before its time, incapuble of life, ABOUT. Nearly; approximating to; in the neighborhood of; not much more or lesa than, An expression coustantly used where a time or sum cannot be precisely stated, im Porting the possibility of a small variation frow it