A LAW DICTIONARY
CONTAINING
DEFINITIONS OF THE TERMS AND PHRASES
OF AMERICAN AND ENGLISH JURISPRU-
'
DENCE, ANCIENT AND MODERN
AND INCLUDING
THE PRINCIPAL TERMS OF INTERNATIONAL, CONSTITUTIONAL, ECCLESIASTICAL
AND COMMERCIAL LAW. AND MEDICAL JURISPRUDENCE. WITH A COLLEC-
TION OF LEGAL MAXIMS. NUMEROUS SELECT TITLES FROM THE
ROMAN. MODERN CIVIL. SCOTCH, FRENCH, SPANISH, AND
MEXICAN LAw. AND OTHER FOREIGN SYSTEMS.
'
AND A TABLE OF ABBREVIATIONS
BY
,
HENRY CAMPBELL BLACK, M.A.
/ .
AUTHOR OF TREATISES ON IUDGMENTS. TAX TITLES. INTOXICATING LIQUORS.
BANKRUPTCY. MORTGAGES. CONSTITUTIONAL LAW.
INTERPRETATION OF LAWS. ETC.
SECOND EDITION
ST. PAUL, MINN.
WEST PUBLISHING CO.
1910
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£34862:
AUG 111950
COPYRIGHT, 1891
BY
WEST PUBLISHING COMPANY
COPYRIGHT. 1910
BY
WEST PUBLISHING COMPANY
(BL.LAw c'r.,2o ED.)
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PREFACE TO THE SECOND EDITION
IN THE preparation of the present edition of this work, the author has taken
pains, in response to a general demand in that behalf, to incorporate a very great
number of additional citations to decided cases, in which the terms or phrases of
the law have been judicially defined. The general plan, however, has not been
to quote seriatim a number of such judicial definitions under each title or head-
ing, but rather to frame a definition, or a series of alternative definitions, expres-
sive of the best and clearest thinking and most accurate statements in the re-
ports, and to cite in support of it a liberal selection of the best decisions, giving
the preference to those in which the history of the word or phrase, in respect
to its origin and use, is reviewed, or in which a large number of other decisions
are cited. The author has also taken advantage of the opportunity to subject
the entire work to a thorough revision, and has entirely rewritten many of the'
definitions, either because his fresh study of the subject-matter or the helpful
criticism of others had disclosed minor inaccuracies in them, or because he
thought they could profitably be expanded or made more explicit, or because of
new uses or meanings of the term. There have also been included a large num-
ber of new titles.
Some of these are old terms of the law which had previously
been overlooked, a considerable number are Latin and French words, ancient
or modern, not heretofore inserted, and the remainder are terms new to the law,
or which have come into use since the first edition was published, chiefly growing
out of the new developments in the social, industrial. commercial, and political
life of the people.
'
Particularly in the department of medical jurisprudence, the work has been
enriched by the addition of a great number of definitions which are of constant
interest and importance in the courts. Even in the course of the last few years
medical science has made giant strides, and the new discoveries and theories have
brought forth a new terminology, which is not only much more accurate but also
much richer than the old; and in all the fields where law and medicine meet we
now daily encounter a host of terms and phrases which, no more than a decade
ago, were utterly unknown. This is true—to cite but a few examples—of the
new terminology of insanity, of pathological and criminal psychology, the in-
numerable forms of nervous disorders, the new tests and reactions, bacterio-
logy, toxicology, and so on.
In this whole department I have received much
valuable assistance from my friend Dr. Fielding H. Garrison, of this city, to
whose wide and thorough scientific learning I here pay cheerful tribute, as well
as to his constant and obliging readiness to place at the command of his friends
the resources of his well-stored mind.
Notwithstanding all these additions, it has been possible to keep the work
within the limits of a single volume, and even to avoid materially increasing its
bulk, by a new system of arrangement. which involves grouping all compound
and descriptive terms and phrases under the main heading or title from which
they are radically derived or with which they are conventionally associated, sub-
stantially in accordance with the plan adopted in the Century Dictionary and
most other modern works of reference.
H. C. B.
WASHINGTON, D. 0., December 1, 1910.
(iii).
PREFACE TO THE FIRST EDITION
THE dictionary now offered to the ,profession is the result of the author’s en-
deavor to prepare a concise and yet comprehensive book of definitions of the
terms, phrases, and maxims used in American and English law 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 compilation of the body of the law.
It does not invade the
province of the text-books, nor attempt to supersede the institutional writings.
Nor does it trench upon the field of the English dictionary, although vernacular
words and phrases, so far as construed by the courts, are not excluded from its
pages. Neither is the book encyclopaedic 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 (within the compass of a single volume)
only on condition that whatever is foreign to the true function of a lexicon be
rigidly excluded. The work must therefore contain nothing but the legitimate
matter of a dictionary, or else it cannot include all the necessary terms. This
purpose has been kept constantly in view in the preparation of the present work.
Of the most esteemed law dictionaries now in use, each will be found to contain
a 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 all these
terms and phrases here, tagether with some not elsewhere defined.
For the convenience of those who desire to study the law in its historical
development, as well as in its relations to political and social philosophy, place
has been found for numerous titles of the old English law, and words used in old
European and feudal law, and for the principal terminology of the Roman law.
And in view of the modern interest in comparative jurisprudence and similar
studies, it has seemed necessary to introduce a considerable vocabulary from the
civil, canon, French, Spanish, Scotch, and Mexican law and other foreign sys-
tems.
In order to further ,adapt the work to the advantage and convenience of
all classes of users, many terms of political or public law are here defined, and
such as are employed in trade, banking, and commerce, as also the principal
phraseology of international and maritime law 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 acquired
a quasiwtechnical meaning, or which, being frequently used in laws or private
documents, have often been referred to the courts for construction. But the
main body of the work is given to the definition of the technical terms and
phrases used in modern American and English jurisprudence.
In searching for definitions suitable to be incorporated in the work, the author
has carefully examined the codes, and the compiled or revised statutes, of the
various states, and from these sources much valuable matter has been obtained.
The definitions thus enacted by law are for the most part terse, practical, and of
course authoritative. Most, if not all, of such statutory interpretations of words
and phrases will be found under their appropriate titles. Due prominence has
(V)
vi
PREFACE.
also been given 'to definitions formulated by the appellate courts and embodied
in the reports. Many of‘these judicial definitions have been literally copied and
adopted as the author’s definition of the particular term, of course with a proper
reference. But as the constant aim has been to present a definition at once con-
crse, comprehensive, accurate, and lucid, he has not felt bound to copy the lan-
guage of the courts in any instance where, in his judgment, a better definition
could be found in treatises of acknowledged authority, or could be framed by
adaptation or re-arrangement.
But many' judicial
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.
In 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
as 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 arrange-
ment.
It remains to mention the sources from which the definitions herein contained
have been principally derived. For the terms appertaining to old and middle
English law and'the feudal polity, recourse has been had freely to the older Eng-
lish law dictionaries, (such as those of Cowell, Spelman, Blount, Jacob, Cunning-
ham, Whishaw, Skene, Tomlins, and the “Termes de la Ley,”) as also to the writ-
ings of Bracton, Littleton, Coke, and the other sages of the early law. The au-
thorities principally relied on for the terms of the Roman and modern civil law
are the dictionaries of Calvinus, Scheller, and Vicat, (with many valuable sug-
gestions from Brown and Burrill), and the works of such authors as Mackel-
dey, Hunter, Browne, Hallifax, Wolff, and Maine, besides constant reference to
Gains and the Corpus Juris Civilis.
In preparing the terms and phrases of
French, Spanish, and Scotch law, much assistance has been derived from the
_
treatises of Pothier, Merlin, Toullier, Schmidt, Argles, Hall, White, and others,
the commentaries of Erskine and Bell, and the dictionaries of Dalloz, Bell, and
Escriche. For the great body of terms used in modern English and American
law, the author, besides searching the codes and statutes and the reports, as al-
ready mentioned, has consulted the institutional writings of Blackstone. Kent,
and Bouvier, and a very great number of text-books on special topics of the
law. An examination has also been made of the recent English law dictionaries
of Wharton, Sweet, Brown, and Mozley & Whitley, and of the American lexi-
cographers, Abbott, Anderson, Bouvier, Burrill, and Rapalje & Lawrence.
In
each case where aid is directly levied from these sources, a suitable acknowledg-
ment has been made. This list of authorities is by no means exhaustive, nor does
it make mention of the many cases in which the definition had to be written
entirely de nova; but it will suffice to show the general direction and scope of the
author’s researches.
H. C. B.
I
WASHINGTON, D. 0., August 1, 1891.
A TABLE
OF
BRITISH REGNAL YEARS
Length
Length
Sovereign.
Accession.
of reign Sovereign.
Accession. of reign.
William 1.... .........Oct. 14, 1066......21 Henry VIII............ April 22, 1509 ..... 38
William 11 ..... . ..... . Sept. 26, 1087 ..... 13 Edward VI ............ Jan. 28, 1547.
. . 7
Henry I... ...... ......Aug. 5. 1100 ...... 36 Mary ................. July 6,1553....... 6
Stephen .............. Dec. 26, 1135..
.19 Elizabeth ............. Nov. 17, 1558.
. .45
Henry II .............. Dec. 19. 1154.
..35 James I ............... March 24, 1603. ...23
Richard I ........... .. Sept. 23. 1189 ..... 10 Charles I ............. '. March 27, 1625. ...24
John ......- ........... 5lay 27. 1199 ..... 18 The Commonwealth. . . . Jan. 30, 1649. .
.11
Henry III.
. .. ..... . . Oct. 28, 1216 ...... 57 Charles II ............. May 29, 1660.
. .37
Edward 1. .............Nov. 20,1272......35 James II .............. Feb. 6, 1685.
. 4
Edward II ............ .July 8, 1307. . . . ...20 William and Mary ..... Feb. 13, 1689.
.14
Edward III............Jan. 25, 1326......51 Anne ........... . ...... March 8, 1702.....13
Richard II ............ June 22. 1377 ..... 23 George I ............... Aug. 1. 1714 ...... 18
Henry IV .............. Sept. 30, 1399 ..... 14 George II ..........
. June 11, 1727..... 34
Henry V ............. .March 21. 1413. ...10 George III ............. Oct. 25. 1760...... 60
Henry VI ............. Sept. 1, 1422 ......39 George IV ............. Jan. 29, 1820.
.11
Edward IV ............ March 4, 1461.
.23 William IV............ June 26, 1830.
7
Edward V........... ..Apri19, 1483......— Victoria ...........’....June 20, 1837 ..... 64
Richard III ............ June 26, 1483 ..... 3 Edward VII ........... Jan. 22, 1901.
. . 9
Henry VII ........ . . . ..Aug. 22, 1485.. . . .24 George V. .
.
. . . . . . May 6, 1910. . .
.—
BL. LAW DIC’I‘. (20 En.)
(vii)?
BLACK’S DICTIONARY OF LAW
SECOND EDITION
'- A. The first letter of the English alpha-
bet, used to distinguish the first page of a
folio from the second, marked b, or the first
page of a book, the first foot-note on a print-
ed page, the first of a series of subdivisions,
etc.,
from the following ohes, which are
marked b, c, d, e, etc.
A. Lat. The letter marked on the bal-
lots by which, among the Romans, the people
voted against a proposed law.
It was the
initial letter of the word “antique,” I am
for the old law. Also the letter inscribed on
the ballots by which jurors voted'to acquit
an accused party.
It was the initial letter
or “aboalva,” I acquit. Tayl. Civil Law, 191,
192.
'
“A.” The English indefinite article. This
particle is not necessarily a singular term;
it is often used in the sense of “any,” and
is then applied to more than one individual
object. National Union Bank v. Copeland;
141 Mass. 267, 4 N. E. 794; Snowden v.
Guion, 101 N. Y. 458, 5 N. E. 322; Thomp-
son v. Stewart, 60 Iowa, 225, 14 N. W. 247;
Commonwealth v. Watts, 84 Ky. 537, 2 S.
W. 123.
A. D. Lat. Contraction for Anna Domini,
(in the year of our Lord.)
A. 3. Anna remit, the year of the reign;
as. A. B. V. R.‘ 22, (Anna Regal Victoria
Regina: viceatma aemmdoJ in the twenty-see
and year of the reign of Queen Victoria.
A 1. Of the highest qualities. An ex-
pression which originated in a practice or un~
derwriters of rating vessels in three classes,
-—A, B, and C; and these again in ranks
numbered. Abbott. A description of a ship
as “A 1” amounts to a warranty. Ollive. v.
Booker, 1 Exch. 423.
A am ET TRIBE. L. Fr. (L. Lat.
habcndum at tenendum.)
To have and to
hold.
00. Litt. 55 523, 524. A aver et tener a
tug at a sea heircs, a touts jours,—to have
and to hold to him and his heirs forever.
Id.
5 625.
See Avss tr Tamra.
. A ammo USQUE AD OBNTBUK.
From the heavens to the center of the earth.
BL.LAW D10r.(2a Ea.)—-—1
A communi observant“. non est rece-
dendnm. From common observance there
should be no departure;
there must be no
departure from common usage.
2 Cake, 74;
Co. Litt. 1860, 2290,
.365a; Wing. Max.
752, max. 203. A maxim applied to
the
practice of the courts, to the ancient and es-'
tablished forms at pleading and conveyan-
cing, and to professional usage generally.
Id.
752—755. Lard Coke applies it to common
professional opinion. 00. Litt. 1860, 364b.
A OONSILIIS.
(Lat. Cans-iiium, advice.)
or counsel; a counsellor. The term is used
in the civil law by some writers instead or a
respomia. Spelman, "Apacrisarius."
‘
A OUBILLETTE.
In French law.
In
relation to the contract or airreightment, sig-
nifies when the cargo is taken on condition
that "the master succeeds in completing his
cargo from other sources.
Arg. Fr. Mere.
Law, 543.
A DATU’. L. Lat. From the date. Haths
v. Ash, 2 Salk. 413. A die datas,-from the
day of the date.
Id.; 2 Crabb, Real Prop. p;
248, § 1301; Hatter v. Ash, 1 Ld. Raym. 84.
A data, from the date. Cro. Jac. 135.‘
A digniori field debet donominatlo.
Denomination ought to be from the more
'worthy. The description (of a place) should
be taken from the more worthy subject, (as
from a will.) Fieta, lib. 4, c. 10, § 12.
'
A digniori flex-i debet denominatio at
resolutio. The title and exposition of a
thing ought to be derived from, or given. or
made with reference to,
the more worthy
degree, quality, or species of it. Wing. Max.
265, max. 75.
A I‘OBFAI'I‘ ET SANS GARANTIE.
In French law. A formula used in indors-
ing commercial paper, and equivalent
to
“without recourse.”
A PORTIOBI. By a stronger reason.
A term used in logic to denote an argument
to the etfect that because one ascertained
fact exists, therefore another. which is in-
cluded in it, or analogous to it. and which is
less improbable, unusual, or surprising, must
also exist.
.
.
.
.
.
A GRATIA
A GRATIA. From grace or favor; as a
matter at indulgence, not or right.
A LATBRE. Lat. From the side.
In
connection with the succession to property,
the term means “collateral." Bract. £01. 205.
Also, sometimes, “without right.”
Id.
to].
420.
In ecclesiastical law, a legate a Islam
is one invested with full apostolic powers;
one authorized to represent the pope as it the
latter were present. Du Gangs.
A LIBELLIS. L. Lat. An officer who
had charge of the libel“ or petitions address«
ed to the sovereign. Calvin. A name some-
times given to a chancellor,
(concealer-ins.)
in the early history of that oflice. Spelman,
“Cancellarius.”
A l’impouible nnl n’est tent. No one
is bound to do what is impossible.
A HE.
(Lat. ago, I.) A term denoting
direct tenure of the superior lord. 2 Bell, H.
L. Sc. 133. Unjustly detaining from me. He
is said to withhold a me (from me) who has
obtained possession of my property unjustly.
Calvin.
A “ISA ET THORO. From bed and
board. Descriptive or a limited divorce or
separation by Judicial sentence.
A NATIVITATE. From birth,‘ or from
infancy. Denotes that a disability, status,
etc., is congenital.
.
A. non posse ad non ease sequitur ar-
gumentnm neeesserie negative. From the
impossibility of a thing to its non-existence,
the inference follows necessarily in the neg-
.ative. That which cannot be done is not
done. Hob. 3360. Otherwise, in the aiflrma-
tive.
Id.
A PALATIO. L. Lat. From palatium,
(a palace.) Counties palatine are hence so
called. 1 Bl. Comm. 117. See Pmrmn.
A piratis nut htronibns capti liberi
permanent. Persons taken by pirates or
robbers remain free. Dig. 49, 15. 19, 2; Gro.
deJ. B. lib. 3,c.3,§1.
A piratis et latronibns enptn dominiun
non mutant.
Things taken or captured
by pirates and robbers do not change their
ownership. Bynk. bk. 1, c. 17;
1 Kent,
Comm. 108, 184. No right to the spoil vests
in the piratical captors;
no right is de-
rivable from them to any receptors in prej-
udice of the original owners. 2 Wood. Lect.
428.
A POSTERIORI. A term used in logic
to denote 'an argument founded on experi-
ment or observation, or one which, taking
ascertained facts as an eifect, proceeds by
synthesis and induction to demonstrate their
cause.
A SUMMO
A PRBNDRE. L. Fr.
To take. Bra!
6 prendre la terre, a writ to take the land.
Fat Ass. 5 51. A right to take something
out or the soil at another is a profit a prea-
dre, or a right coupled with a profit.
1
Crabb, Real Prop. p. 125, i 115.
Distin-
guished from an easement. 5 Adol. & E. 758.
Sometimes written as one word, apprandre,
apprender.
A PRIORI. A term used in logic to de-
note an argument founded an analogy, or ab-
stract considerations, or one which, positing
a 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 which,) in expressing the
computation of time, and also of distance in
space. Thus, dies «1 qua, the day from which,
and dies ml quem, the day to which, a period
of time is computed.
So, terminus a quo,
the point or limit from which, and terminus
ad quem, the point or limit to which, a dis-
tance or passage in space is reckoned.
A 000; A QUA. From which. The
Judge or court from which a cause has been
brought by error or appeal, or has otherwise
been removed, is termed the judge or court
a quo; a qua. Abbott.
A RBNDRE.
(Fr. to render, to yield.)
That which is to be rendered, yielded, or
paid. Profits «1 rendre comprehend rents and
services. Ham. N. P. 192.
A reseriptis valet argument“. An ar-
gument drawn from original writs in the
register is good. Go. Litt. 11a.
A RESPONSIS. L. Lat.
In ecclesias-
tical law. One whose office it was to give or
convey answers; otherwise termed respon-
salis, and a-pocrisiarius. One who, being can-
sulted on ecclesiastical matters, gave an-
swers, counsel, or advice; otherwise termed
a commie. Spelman, “Apocflsiarius.”
A RETRO. L. Lat. Behind;
in arrear.
Et reditus processions (Me a retro merit,
and the rent issuing therefrom be in arrear.
Fleta, lib. 2, c. 55, 5 2.
A RUBRO AD NIGRUH. Lat. From
the red to the black; from the rubric or title
of a statute, (which, anciently, was in red
letters,) to its body, which was in the ordi-
nary blaclc.
Tray. Lat. Man; Bell, “Ru-
brie."
A ammo remedio ad inferior-en le-
flonem non hbetur upon-u, neque
auxin“. From (after using) the highest
remedy,
there can be no recourse (going
back) to an inferior action, nor assistance,
(derived from it.) Fleta,
lib. 6. c. 1, S 2.
A maxim in .the old law of real actions,
A TEMPORE
when there were grades in the remedies
given;
the rule being that a party who
brought a writ of right, which was the high-
est writ in the law, could not afterwards re-
sort or descend to an
inferior
remedy.
Bract. 112D; 3 Bl. Comm. 193, 194.
A muons OUJUS OONTRABII
mom NON EXISTET. From time
of which memory to the contrary does not
exist.
A sea-bis legi- non est recedendnn.
From the words of the law there must he
no departure. 5 Coke, 119; Wing. Max. 25.
A court is not at liberty to disregard the
express letter of a statute, in favor of a
supposed intention.
1 Steph. Comm. 71;
Broom, Max. 268.
A VINGULO MATBIMONII.
(Lat. from
the bond of ,matrimony.) A term descrip-
tive of a kind of divorce, which effects a
complete dissolution of the marriage con.
tract.
See DIvoncn.
_
Ab elm-u. ad um non valet conso-
qmfln. A conclusion as to the use of a
thing from its abuse is invalid. Broom. Max.
17.
A3 Adm. Lat. An. efllcer having
charge of acta, public records, registers, jour-
sale, or minutes; an oflicer who entered on
record the acts or proceedings of a court; a
clerk of court; a notary or actuary. Calvin.
Lex. Jurid. See “Acts.” This, and the sim-
iiarly formed epithets a camellia, a score-
tis, a libcllis. were also anciently the titles
of a chancellor, (cancellariua,) in the early
history of that office.
Spelman, “Cancella-
rise."
AB AGENDO. Disabled from acting; un-
able to act;
incapacitated for business or
transactions of any kind.
AB ANTZB.
In advance. Thus, a legis-
lature cannot agree ab auto to any modifica-
tion or amendment to a law which a third
person may make. Allen v. McKean. 1 Sumn.
308. Fed. Gas. No. 229.
AB ANTEOEDENTB. Beforehand;
in
advance.
'
.
AB ANTIQUO. 01'. old:
data.
of. an ancient
Ab “sued: non fit
lnjurla.
From
things to which one is accustomed (or in
which there has been long acquiescence) no
legal injury or wrong arises.
If a person
neglect to insist on his right, he is deemed to
have abandoned it. Amb. 645; 3 Brown, Ch.
639.
A3 EPIITOIJS. Lat. An officer having
charge of the correspondence (epistolae) of
his superior or sovereign; a secretary. Cal-
vin.; Spiegelius.
.
ABALIENATIO
AB EXTRA.
(Lat. eatra, beyond, with-
out.)
From without. Lunt v. Holland, 14
Mass. 151.
’
‘
AB INOONVENIENTI. From hardship,
or
inconvenience.
An argument founded
upon the hardship of the case, and the in-
convenience er disastrous consequences to
which .a dinferent course of reasoning would
lead.
. AB INITIO. Lat. From the beginning;
from the first act. A party is said to be
a trespasser ab initie, an estate to be good
ab initie, an agreement or deed to be void ab
initie, a marriage to be milawful ab initie,
and the like. Plow. 6a, 160; 1 Bl. Comm.
440.
ABm0m1. Lat. From the be-
ginning ef the world. Ab initie mundi «aqua
ad hediemum diam, from the beginning of
the world to this day.
I. B. M. 1 Edw. III.
24.
_
.
AB INTBSTATO. Lat.
In the civil law.
From an intestate;
from the intestate;
in
case of intestacy. Han-edits: ab intestate, an
inheritance derived from an intestate.
Inst.
2. 9, 6. Successie ab intestate, succession to
an intestate, or in case of intestacy.
Id. 3.
2, 3; Dig. 38, 6, 1.
This answers to the
descent or inheritance of real estate at com-
mon law.
2 Bl. Comm. 490, 516; Story,
Confl. Laws, i 480.
“Heir ab intestate.”
1 Burr. 420. The phrase “ab intestate” is
generally used as the opposite or alternative
of ca testamente, (from, by, or under a will.)
Val ca: testamente, eel ab intestate [hwred-
itatcs] pertinentr—inheritances are derived
either from a will or from an intestate, (one
who dies without a will.)
Inst. 2. 9, 6; Dig.
29. 4; Cod. 6, 14, 2.
-
AB INVITO. Lat. By or from an un-
willing party. A transfer ab invite is a com-
pulsory transfer.
AB IRATO. By one who is angry. A
devise or gift made by a man adversely to the
interest of his heirs, on account of anger or
hatred against them, is said to be made ab
irate. A suit to set aside such a will
is
called an action ab irate. Merl. Repert.
“Ab
irate.”
'
ABAOTOB.
In Roman.
law.
thief. Also called abigcus, q. 12.
A cattle
ABADENGO.
In Spanish
law.
Land
owned by an ecclesiastical corporation, and
therefore exempt from taxation.
In partic-
ular, lands or towns under the dominion and
Jurisdiction of an abbot.
ABALIBNATIO.
In Roman law. The
perfect conveyance or transfer of property
from one Roman citizen to another. This
term gave place to the simple alienatie, which
is used in the Digest and Institutes, as well
ABAMITA
as in the feudal law, and from which the
English “alienation” has been formed.
Inst.
2, 8, pr.; 'Id. 2, 1, 40; Dig. 50, 16, 28.
. ABAHITA. Lat.
In the civil
law. A
greapt-great-grandfather’s sister, (about soror.)
Inst. 3, 6. 6; Dig. 38, 10, 3. Called amito
mamima.
Id. 38, 10, 10, 17. Called, in Brac-
ton, abamita magna. Bract. fol. 68b.
ABANDON. To desert, surrender, relin-
quish, give up, or cede.
See Anannonnsn'r.
AB'ANDonnn. A party to whom a right
or property is abandoned or relinquished by
another. Applied- to the insurers of vessels
and cargoes.
Lord E‘ilenborough, C. J., 5
Maule & S. 82; Abbott, J., 1d. 87; Holroyd,
J., Id. 89.
ABANDONMENT. The surrender, relin-
quishinent, disclaimer, or cession of property
or .or rights. Stephens v. Mansfield, 11 Cal.
363'; Dikes v. Miller, 24 Tex. 417; Middle
Creek Ditch Co. v. Henry, 15 Mont. 558, 39
Pac. 1054.
'
The giving up a thing absolutely, without
reference to any particular person or pur-
pose, as throwing a jewel into the highway;
leaving a thing to itself, as a vessel at sea;
'vacating property with‘ the intention of not
returning, so that it may be appropriated by
the next comer.
2 Bl. Comm. 9, 10; Pidge
:v. Pidge, 3 Metc. (Mass) 265; Breediove v.
Stump, 3 Yerg. (Tenn.) 257, 276; Richardson
v. McNulty, 21 Cal. 339, 345; Judson v. Mal-
loy, 40 Cal. 299, 310.
To constitute abandonment there must concur
an intention to forsake or relinquish the thing
in question and some external act by which that
intention is manifested or carried into efiect.
Mere nonuser is not abandonment unless cou-
pled with an intention not to resume or reclaim
the use or possession. Sikes v. State (Tex. Or.
App.) 28 S. W. 688; Barnett v. Dickinson, 93
Md. 2513, 48 At]. 838; Welsh v. Taylor, 134
N.Y. 400.31N.E.896. 18L. R.A. 535.
In marine insurance. A relinquishment
or cession of property by the owner to the
insurer of it,
in order to claim as for a
total
loss, when in fact it
is so by con-
struction only.
2 Steph. Comm. 178.
The
exercise of a right which a party having in-
sured goods or vessels has to call upon the
insurers, in cases where the property insured
has, by perils of the sea, become so much
damaged as to be of little value, to accept of
what is or may be saved, and to pay the full
amount of the insurance, as if a total loss
had actually happened. Park, Ins. 143; 2
Marsh.
Ins. 559; 3 Kent, Comm. 318-335,
and notes; The St. Johns (D. C.) 101 Fed.
469; Roux v. Salvador, 3 Bing. N. C. 266,
284; Melllsh v. Andrews, 15 East, 13; Cin-
cinnati Ins. Co. v. Dutiield. 6 Ohio St. 200,
67 Am. Dec. 339.
Abandonment is the act by which, after a
constructive total loss, a person insured by
contract of marine-insurance declares to the
insurer that he relinquishes to him his inter-
ABANDONMENT
est in the thing insured. Civil Code Gal.
5 2716.
‘
The term is used tnly in reference to risks
in navigation; but the principle is applicable
in fire insurance, where there are remnants;
and sometimes, also, under stipulations in
life policies in favor of creditors.
In maritime law. The surrender of a
vessel and freight by the owner of the same
to a person having a claim thereon aris-
ing out of a contract made with the master.
See Poth. Chart. 5 2, art. 3, 5 51.
In patent law. As applied to inventions,
abandonment is “the giving up -of his rights
by the inventor, as where he‘ surrenders
his idea or discovery or relinquishes the
intention of perfecting his invention, and
so throws it open to the public, or where he
negligently postpones the assertion of his
’claims or fails to apply for a patent, and. al-
lows the public to use his invention without
objection. Woodbury, etc., Machine Co. 1.
Keith, 101 U. S. 479, 485, 25 L. Ed. 939 -
American Hide, etc., 00. v. American T6615
etc., 00., 1 Red. Gas. 647; Mast v. Dempster
Mill Co. (0. C.) 71 Fed. 701; Bartlette v.
Crittenden. 2 Fed. Gas. 981; Pitts v. Hall, 19
Fed. Oas. 7'54. There may also be an aban-
donment of a patent, where the inventor dedi-
cates it to the public use; and this may be
shown by his failure to sue infringers, to
sell licenses, or otherwise to make efforts to
realize apersonal advantage from his patent.
Ransom v. New York, 4 Blatchf. 157, 20 Fed.
Gas. 286.
-
°
0! easement,
right bf way, water-
right. Permanent cessation of use or en-
joyment with no intention to resume or
reclaim. Welsh ~ v. Taylor, 134 N. Y. 450,
31 N. E. 896, 18 L. R. A. 535; Coming v.
Gould, 16 Wend. (N. Y.) 531; Tucker v.
Jones, 8 Mont. 225, 19 Pac. 571; McClain v.
Chicago, etc., R. Co., 90 Iowa, 646, 57 N. W.
594; Oviatt v. Big Four Min. 00., 39 Or.
118. 65 Pac. 811.
Of mining claim. The relinquishment
of a claim held by location without pat-
ent, where the holder voluntarily leaves his
claim to be appr0prlated by the next comer,
without any
intention to
retake or
re-
sume it, and regardless of what may become
of it in the future. McKay v. McDougall, 25
Mont. 258, 64 Pac. 669, 87 Am. St. Rep. 395;
St. John v. Kidd, 26 Cal. 263, 272; Ores.-
muno v. Uncle Sam Min. 00., 1 Nev. 215;
Derry v. Ross, 5 0010. 295.
Of domicile. Permanent removal from
the place of one's domicile with the inten-
tion of taking up a residence elsewhere and
with no intention to returning to the orig-
inai home except temporarily. Stafford v.
Mills, 57 N. J. Law, 570, 31 Atl. 1023; Mills
v. Alexander, 21 Tex.:154; Jarvais v. Moe,
38 Wis. 440.
‘
By husband or .wife. The act of a has»
band or wife who leaves his or her con-
ABANDONMENT
sort willfullyh and With an intention of cans-
ing perpetual separation. Gay v. State, 105
Ga..‘:§99, 31 S. E. 569. 70 Am. St. Rep. 68;
People v. Cullen, 153 N. Y. 629, 47 N. E. 89-1,
44 L. B. A. 420.
“Abandonment, in the sense in which it is
used in the statute under which this proceed-
ing was commenced, may be defined to be the
act of willfully leaving the wife, with the
intention of causing a palpable separation be-
tween the parties, and implies an actual de-
sertion of the wife by the husband.” Stan-
brough v. Stanbrough, 60 Ind. 279.
In French law. The act by which a
debtor surrenders his property for the bene-
fit- of his creditors. Merl. Repert.
“Aban-
donment.”
' ABANDONMEN'I‘ FOB TORTS. In the
civil law. The act of a person who was sued
in a noxal action, 5. e., for a tort or trespass
committed by his slave or his animal, in re-
linquishing and abandoning the slave or ani-
mal to the person injured, whereby he saved
himself from any further responsibility. See
inst. 4, 8, 9; Fitzgerald v. Ferguson, 11 La.
_’ ABANDUN, or ABAND‘UM. Anything
sequestered, proscribed, or abandoned. Aban-
don, i. e.,.s'n bannum rec missa, a thing ban-
ned or denounced as forfeited or lost, whence
to abandon, desert, or forsake, as lost an
gone. Cowell.
..
" assassins. Lat. To detect or discov-
er, and disclose to a magistrate, any secret
crime. Leges Canuti, cap. 10.
.
ABATAMEN’I‘UH. L. Lat.
In old Eng-
lish law. An abatement of freehold; an en-
try upon lands by way of interposition be-
tween the death of the ancestor and the en-
try of the heir. 00. Litt. 277a; Yel. 151.
ABATEMEN'I'.
In pleading.
The ef-
fect produced upon an action at law, when
the defendant pleads matter of fact showing
the writ or declaration to be defective and
incorrect.
This defeats the action for the
time being, but the plaintitf may proceed with
it after the defect is removed, or may recom-
mence it in a better way.
In England, 'in
equity pleading, declinatory pleas to the ju-
risdiction and dilatory to the persons were
(prior to the judicature act) sometimes, by
analOgy to common law. termed “pleas in
abatement.”
In chances-y practice. The determina-
tion, cessation. or suspension of all .pro-
ceedings in a suit. from the want of proper
parties capable of proceeding therein, as up-
on the death of one of the parties pending
the suit.
‘. See 2 Tidd. Pr. 932; Story, Eq. Pl.
5 354; Mtt v. Ellis. 2 Cold. (Tenn.) 38.
In mercantile law. A drawback or re
bate allowed" in certain cases on the duties
due‘pnfinported goods, in censlderation of
" ABATOR
their deterioration or damage suffered dur-
ing importation, or while in store.
.A‘ -di~
minution or decrease in the amount of tax
imposed upon any person.
'
-
In contracts. A reduction made by the
creditor for the prompt payment of a debt
due by the payor or debtor. Wesk. Ins. 7.
Of legacies and debts. A proportion-
al diminution or reduction of the pecuno
iary legacies, when the funds or assets
out of which such legacies are payable are
not sufficient to pay them in full. Ward,
Leg. p. 369. c. 6, 5 7; 1 Story, Eq. Jur‘. 5
555; 2 Bi. Comm. 512, 513; Brown v. Br'oWn;
79 Vii. 648; Neistrath's Estate,'66 Cal.'330-,
5. Pac. 507.
In equity, when equitable as-
sets are insufficient to satisfy fully all the
creditors, their debts must abate in propor-
tion, and they must be content with a divij
dead; for 'mquitas est quasi wauaiitas. ' -..:
ABATEHEN’I‘ or A NUISANOE. ‘ The
removal, prostration, or destruction of that
which; causes a nuisance, whether by break-
ing or pulling it down, or otherwise realest
ing, disintegrating, or efracing it.
Run! v.
Phillips, w‘ea. 130.
'
t *The remedy which the law allows aparty
injured by a nuisance of destroying or re-
moving it by his own act, so as he commits
no riot in doing it, nor occasions (in the case
Of. ’a private nuisance) any damage beyond
What 'the removal of the inconvenience 'ne’cé
essariiy requires. 3 Bl. Comm. 5, 168; 8
Steph. Comm. 361; 2 Salk. 458.
-,
" ABATBMENT 0F PBBBHOLD.
.QThis
takes place where a person dies seised of an
inheritance, and, before the heir or devisee
enters, a stranger, having no right, makes a
wrongful entry, and gets possession of ‘.it.
Such an entry is technically called an “abate-
ment,” and the stranger an “abator.” It is, in
fact. a figurative expression, denoting that
the rightful possession or freehold of the belt
or devisee is overthrown by the unlawful in-
tervention of a stranger. Abatement diti’ers
from intrusion, in that it is always to the
prejudice of the heir or immediate “devises,
whereasythe latter is to the prejudice of the
reversiener or remainder-man; and disseisin
differs from them both, for to disseise is .to
- put, forcibly or fraudulently a person seised
of the freehold out of possession.
1 Co. Inst.
277a; 3 Bi. Comm. 166; Brown v. Burdick.
25 Ohio St. 268. By the ancient lawsof
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
possessor, before the heir entered.
(Howard,
Anciennes Lois des Francais, tome 1, p. 539.)
Bouvier.
.
_
-
ABATOR.
In real property law, a stran-
ger who, having no right of entry, contrives
to get possession of an estate of freehold; to
the prejudice of the heir or devisee,..betoi:e
A.—
ABATUDA
the latter can enter, after the ancestor's
death. Litt. 5 397.
In the law of torts, one '
who abates, prostrates, 'or destroys a uni-
sance.
'
mama. Anything diminished. Mon-
eta abatuda is money clipped or diminished
in value. Oowell; Dufresne.
ABAVIA. Lat.
In the civil
law. A
great-great-grandmother.
Inst. 8, 6, 4; Dig.
38, 10, 1. 6; Bract. fol. 68b.
ABAVITA. A great-great-grandfather’s
sister. Braot. fol. 68b. This is a misprint
for about“, (q. v.) Burrill.
ABAVUNOULUS. Lat.
In the civil law.
A great-great-grandmother’s brother, (abavia
frater.)
Inst. 3, 6, 6; Dig. 38, 10, 3. Called
«vascular matrimus.
Id. 38, 10. 10, 17. Call-
ed by Bracton and Fleta abavunouius magmas.
Bract. fol. 685; Fleta, lib. 6. c. 2, 5 19.
ABAVUI. Lat.
In the civil
law.
A
great-great-grandfather.
Inst. 3, 6, 4; Dig.
38, 10, 1. 6; Bract. fol. 67a.
ABBAOY. The government of a 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 abbot.
ABBEY. A society of religious persons,
having an abbot or abbess to preside over
them.
ABBOT. The spiritual superior or gov-
ernor of an abbey or monastery. Feminine.
Abbas.
ABBREVIATE or ADJ‘UDIOATION.
in Scotch law. An abstract of the decree of
adjudication, and of the lands adjudged, with
the amount of the debt. Adjudication is that
diligence (execution) of the law by which the
real estate of a debtor is adjudged to belong
to his creditor in payment of a debt; and the
abbreviate must be recorded in the register of
adjudications.
ABBREVIATIO PLAOITORUM. An
abstract of ancient judicial records, prior to
the Year Books.
See Steph. Pl. (7th Ed.)
410.
ABBREVIATIONS. Shortened conven-
tional expressions, employed as substitutes
for names, phrases, dates, and the like, for.
the saving of space, of time in transcribing,
etc. Abbott.
For Table of Abbreviations, see Appendix,
post. page —.
Abbreviationtun ills mines-us et sensus
aodpiondus est, ut ooneessio non sit in-
anis.
In abbreviations, such number and
sense is to be taken that the grant be not
made void. 9 Coke, 48.
ABBREVIATORS.
In ecclesiastical law.
emcers whose duty it is to assist in drawing
ABET
up the pope's briefs, and reducing petitions
into proper form to be converted into papal
bulls. Bouvier.
ABBROOHMENT,
or ABBROAOH-
KENT. The act of forestalling a market,
by buying up at wholesale the merchandise
intended to be sold there, for the purpose of
selling it at retail. See Fonns'ranune.
ABDIOATION. The act of a sovereign
in renouncing and relinquishing his govern-
ment or throne, so that either the throne is
left entirely vacant, or is filled by a succes-
sor appointed or elected beforehand.
Also, where a magistrate or person in omce
voluntarily renounces or gives it up before
the time of service has expired.
It difers from real
ation, in that resignation
is made by one who as received his omcs from
another and restores it into his hands, as an
inferior into the hands of a superior; abdica-
tion is the relinquishment of an office which
has devolved by act of law.
It is said to be
a
renunciation, quitting, and
relinquishing,
so as to have nothing further to do with a
thing, or the doing of such actions as are in-
consistent with the holding of it.
Chambers.
ABDUOTION.
In criminal
law.
The
odense of taking away a man’s wife, child.
or ward, by fraud and persuasion, or open
violence. 3 Bl. Comm. 139—141; Humphrey
v. Pope. 122 Cal. 253, 54 Fee. 847; State
v. George, 98 N. O. 567; State v. Chisenhall,
106 N. C. 676, 11 S. E. 518; People v. Seeley,
37 Hun (N. Y.) 190.
'
The unlawful taking or detention of any
female for the purpose of marriage, concu-
binage, or prostitution. People v. Crotty, 55
Hun (N. Y.) 611, 9 N. Y. Supp. 937.
By statute in some states, abduction in-
cludes the withdrawal of a husband from his
wife, as where another woman alienates his
aifection and entices him away and causes
him to abandon his wife. King v. Hanson,
13 N. D. 85, 99 N. W. 1085.
ABEABANCE. Behavior;
as a recog-
nizance to be of good abearance signifies to
be of good behavior. 4 Bl. Comm. 251, 256.
ABEBEMUBDER.
(From Sax. abere,
apparent, notorious;
and mord, murder.)
Plain or downright murder, as distinguished
from the less heinous crime of manslaughter.
or chance medley.
It was declared a capital
offense, without line or commutation, by the
laws of Canute, c. 93, and of Hen. I. c. 13.
Spelman.
ABESIE. Lat.
In the civil law. To be
absent; to be away from a place. Said of a
person who was extra continentia urbu, (be—
yond the suburbs of the city.)
ABET.
In criminal law. To encourage,
incite. or set another on to commit a crime.
See Ansr'roa.
“Aid” . and “abet" are nearly synonymous
terms as generally used; but, strictly speak-
ing,
the former term does not
imply guilty
ABETTATOR
lmowled
or felonious intent, whereas
the
word “a t" includes knowledge of the wron -
ful purpose and counsel and encouragement n
the commission of the crime. People v. Dole,
122 Cal. 486. 55 Pac. 581, 68 Am. St. Rep.
50: People v. Morine, 138 Cal. 626, 72 Pac.
166; State v. Em y, 79 Iowa, 460. 44 N. W.
707 ; Raiford v.
tate, 59 Ala. 106; White v.
People, 81 Ill. 333.
ABBTTATOR. L. Lat.
In old English
law. An abettor. Fleta, lib. 2, c. 65, I 7.
See Ans-nos.
ABE'I'I‘OB.
In criminal
law.
An in-
stigator. or setter on; one who promotes or
procures a crime to be committed: one who
commands, advises, instigates, or encourages
another to commit a crime; a person who,
being present or in the neighborhood, incites
another to commit a crime, and thus becomes
a principal.
The distinction between abettors and ac-
cessaries is the presence or absence at the
commission of the crime. Cowellg Fleta, lib.
1, c. 84. Presence and participation are nec-
essary to constitute a person an abettor.
Green v. State, 13 M0. 382; State v. Teahan,
50 Conn. 92; Connaughty v. State, 1 Wis.
159. 60 Am. Dec. 870.
ARRANGE. In the law of estates. Ex-
pectation; waiting; suspense: remembrance
and contemplation in law. Where there is
no person in existence in whom an inherit-
ance can vest, it is said to be in abcmmce,
that is, in expectation; the law considering
it as always potentially existing, and ready
°
to vest whenever a proper owner appears. 2
Bl. Comm. 107. Or, in other words, it is
said to be in the remembrance, consideration,
and intendment of the law. Co. Litt. is 646,.
650. The term “abeyance” is also sometimes
applied to personal property. Thus, in the
case of maritime captures during war, it is
said that, until the capture becomes invested
with the character of prize by a sentence of
condemnation, the right of property is in
obeyance, or in a state of legal sequestration.
1 Kent, Comm. 102.
It has also been applied
to the franchises of a corporation.
“When a
corporation is to be brought into existence by
some future acts of the corporators, the fran-
chises remain in abeuanoe, until such acts
are done; and, when the corporation is
brought into life, the franchises instantane-
ously attach to it." Story, J., in Dartmouth
College v. Woodward, 4 Wheat. 691, 4 L. Ed.
09.
.
ABIATICUS, or AVIATICUS. L. Int.
In feudal law. A grandson; the son of a son.
Spelman; Lib. Feud, Baraterii, tit. 8, cited
id.
ASIDE. To “abide the order of
the
court" means to perform, execute, or conform
to such order. Jackson v. State, 30 Kan. 88,
1 Pac. 317; Hodge v. Hodgdon, 8 Cush.
(Mass) 294. See McGarry v. State, 37 Kan.
9, 14 Fee. 492.
ABISHERING
A stipulation in an arbitration bond that
the parties shall “abide by" the award of the
arbitrators means only that they shall await
the award of the arbitrators, without revok-
ing the submission, and not that they shall
acquiesce in the award when made. Mar-
shall v. Reed, 48 N. H. 36; Shaw v. Batch,
6 N. H. 162; Weeks v. Trash, 81 Me. 127.
16 At]. 413, 2 L. R. A. 532.
,
ADDING BY.
In Scotch law. A in-
dicial declaration that the party abides by
the deed on which he founds, in an action
where the deed or writing is attacked .as
forged. Unless this be done, a decree that
the deed is false will be pronounced. Pat.
Comp.
It has the effect of pledging the
party to stand the consequences of founding
on a forged deed. Bell.
ABIGBATUS.
Lat.
In the civil
law.
The oifense of stealing or driving away cat-
tle. See Amosus.
.
antenna. Lat.
In the civil l'aw. To
drive away. Applied to those who drove
away animals with the intention of stealing
them. Applied, also, to the similar offense
of cattle stealing on the borders between Eng;
land and Scotland. See Anmsus.
To drive out;
to expel by force; to pro-
duce abortion. Dig. 47, 11, 4.
ABIGBUS. Lat.
(PL, abigci, or more
rarely abigcaiores.)
In the civil
law. ‘ A
stealer of cattle; one who drove or drew
away (subtrasit) cattle from their pastures,
as horses or oxen from the herds, and made
booty of them, and who followed this as a
business or trade. The term was applied
also to those Who drove away the smaller
animals, as swine, sheep. and goats.
In
the latter case, it depended on the number
taken, whether the offender was fur (a com-
mon thief) or abiaeus. But the taking of a
single horse or ox seems to have constituted
the crime of abigeatus. And those who fre-
quently Did this were clearly abigei, though
they took but an animal or two at a time.
Dig. 47, 14, 3, 2.
See Cod. 9, 37; Nov. 22.
c. 15, 51; 4 Bl. Comm. 239.
ABILITY. When a statute makes it a
ground of' divorce that the husband has neg-
lected 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 provide such necessa-
ries, not to his capacity of acquiring such
means by labor. Washburn v. Washburn, 9
Cal. 475. But compare State v. Witham, 70
Wis. 473. 35 N. W. 934.
”lamina, or ABISHERSING.
Quit of amercements.
It originally signified
a forfeiture or amercement. and is more
properly "ushering, mishcrsing, or .misker-
inn, according to Spelman. It has since been
ABJUDICATIO
termed a‘ liberty of freedom. because, wher-
ever this word is used in a grant, the per-
sons to whom the grant is made have the
forfeitures and amercements of all others,
and. are themselves free from the co trol of
any within their fee. Termes de la
y, 7.
.ABJUDIOATIO.
In old English
law.
The depriving of a thing by the judgment of
a court; a putting out of court; the same as
fofis'judicatio, forjudgment, forjudger.
Co.
Litt.‘ 1006, b ; Townsh. P1. 49.
ALTERATION OE ALLEGIANCE.
One of the steps in the process of naturaliz¢
ing an alien.
It consists in a formal declara-
tion, made by the party under oath before a
competent authority, that he renounces and
abjures all the allegiance and fidelity. which
he owes to the sovereign whose subject he
has theretofore been.
ABJ'UBATION OE TEE REALM.
In
ancient English law. A renunciation of one’s
cOuntry, a species of self-imposed banish-
ment, under an oath never to return to the
kingdom unless by permission.
This was
formerly allowed to criminals, as a means
of saving their lives, when they had con-
fessed their crimes,‘ and fled to sanctuary.
See 4‘ Bl. Comm. 332; Avery v. Everett, 110
N. Y. 317, 18 N. E. 148, 1 L. R. A. '264, 6
Am. St, Rep. 368.
ABJ'URE. To renounce, or abandon, by
or upon oath. See ABJUBATION.
"‘The decision of
this court
in Arthur v.
Broadnax, 3 Ala. 557, afirms that if the bus-
band has abjured the state and remains abroad,
the wife, meanwhile trading as a feme sole,
could recover on a note w ich was given to
her as such. We must consider the term ‘ab-
jure,’ as there used, as implying a total abano
donment of the state; a departure from the
state without the intention of returning, and
not a renunciation of one’s country, upon an
oath of perpetual banishment, as the term on -
inally implied.” Mead v. Hughes, 15 Ala. 14 ,
1 Am. Rep. 123.
,
ABLE-BODIED. As used in 3 statute
relating to service in the militia, this term
does'not imply an absolute freedom from all
physical ailment.
It imports an absence of
those palpable and visible defects which evi-
dently incapacitate the person from perform-
ing the ordinary duties of a soldier. Darling
v. 'Bowen, 10 Vt. 152.
ABLEGA'I‘I. Papal ambassadors of the
second rank, who are sent to a country
where there is not a nuncio. with a less ex-
tensive commission than that of a nuncio.
. ABLOOA'I‘IO. A letting out to hire, or
leasing for money. Calvin. Sometimes used
in the English form “ablocation.”
ABIA’I'EBTEBA.
Lat.
In the civil
law.
A great-great-grandmother’s
sister,
(abacus soror.)
Inst. 3, 6, 6; Dig. 38, 10,
3. Called matertera magima.
Id. 38, 10,
‘ ABOVE ‘
10,
17.~ Called, by Bracton, abmateriera
magna. Bract. fol. 68b
"
"
ABNEPOS.
Lat.
A great-great-grand4
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 person
dwells. Dorsey v. Brigham, 177 111. 250, 52
N. E. 303, 42 L. R. A. 809, 69 Am. St. Rep.
228.
ABOLI'I‘ION. The destruction, abroga-
tion, or extinguishment of anything; also the
leave given by the severeign or judges to a
criminal accuser to desist from further pros-
ecution. 25 Hen. VIII. c. 21.
-
'-
ABORDAGE. Fr.
In French commer-
cial law. Collision of vessels.
:9
anon'rlracrmv'r. In medical jurispru-
dence. A drug or medicine capable of, or
used for, producing abortion.
ABORTION. In criminal law. The mis-
carriage or premature delivery of a woman
who 'is quick with child. When this
is
brought about with a‘maiicious design, or
for an unlawful purpose, it is a crime in law.
The act of bringing forth what is yet im-
perfect; and particularly the delivery or ex-
pulsion'of the human faztus prematurely, or
before it is yet capable of sustaining life.
Also the thing prematurely brought forth. in
product of an untimely process. Sometimes
loosely used for the offense of procuring a
premature delivery; but, strictly, the early
delivering is the abortion; causing or procur-
ing abortion is the full name of the offense.
Abbott; Smith v. State, 33 Me. 48, 59, 54
Am. Dec. 607; State v. Crook, 16 Utah, 212,
61 Pac. 1091; Belt v. Spauldlng, 17 Or. 130,
20 Pac. 827; Mills v. Commonwealth, 13
.Pa. 631; Wells v. New England Mut. L. Ins.
Co., 191 Pa. 207, 43 At]. 126, 53 L. R. A. 327,
71 Am. St. Rep. 763.
ABORTIVE TRIAL. A term descrip-
tive of the result when a case has gone otl’,
and no verdict has been pronounced, without
the fault, contrivance, or management of the
parties. Jebb &. B. 51.
_
anon'rus. Let. The fruit of an abor-
tion; the child born before its time, incapable
of life.
ABOUTISSEMZENT. Fr. An ahuttal or
abutment.
See Guyot. Repert. Univ. “Ab-
outissans."
ABOVE.
In practice. Higher; superior.
The court to which a cause is removed by
appeal or writ of error is called the court
above.
Principal;
as distinguished from
what is auxiliary or instrumental. Ball to
ABOVE UlTED
fie’racuo'n. or special ball, is otherwise term-
ed bail above.
3 Bl. Comm. 291.
See Br:-
LOW.
ABOVE CITED, or MENTIONED.
Quoted before. A figurative expressiOn taken
from the ancient manner of writing books
on scrolls, where whatever is mentioned or
cited before in the same roll must be above.
Encyc. Loud.
.
. ABPATR‘UUS. "Lat.
in the civil
law.
A‘ ggreat-areat-grandfather’s brother,
(about
frater.)
Instfs; e, 6; Dig. 38, 10, 3. Called
patruue maeimus.
Id. ‘38, 10, 10, 17. Called,
by Bracton and Fleta. abpatrzms momma.
Bract. to]. 686; Fleta, lib. 6, c. 2, 517.
ABEIDGE. To reduce or contract; usu-
ally spoken of written. language.
‘
‘
In copyright law, to abridge means to epit-
omize; to reduce; to contract.
It implies pre-
serving the Substance, the essence. of a work; in
language suited to such a purpose.
In-makmg
extracts there is no condensation of the authors
language,
and hence no abridgment.
To
abridge rcguires the exercise of the mind :. it is
not copying.
Between a compilation and an?
abridgment there is a clear distinction.
.A come.
pilation consists of selected extracts from dif-
ferent authors: - an abridgment is a condensa-
tion of
the .views of one author.
Story.v.
Holcgmbe, '4 McLean, 306. 310. ‘Fed. Gas. No.
,4 a.
In practice. To shorten a declaration or
count by taking away .or‘ severing some.o.
the substance of it. Brooke, ‘Abr.
.“Ahridg-
ment.”
‘
ABRIDGMBNT. An epitome or com.-
pendium of another and larger work, where-
in the principal ideas (if the larger work gare‘
summarily contained.
'
‘
‘
"
Abridgments of the law are brief digests
of the law, ,arranged alphabetically.
.. The
oldest are those of .Fitzherbert, Brooke, and
Rolls;
the more modern those of -Viner~,
Comyns, and Bacon.
(1 Steph. Comm. .51.)
The term “digest" has now supplanted that
of “abridgment.” Sweet.
-
-
.
unmannn'r or nanaons. 1 The
right of the court to reduce the damagés’in
certain cases.
Vida Brooke, tit.
“Abridg-
ment.”
.
- ABROGA'I’E.
To' annul,
repeal, or de-
stroy; to annul or repeal an order or rule'isé
sued by a subordinate authority; to repeal a
former law by legislative act, or by usage.
ABROGATION.
The annulment of a
law by constitutional authority.
It stands
opposed to rogation; and is distinguished
from derogation, which implies the taking
away only some part of a law; from subro-
nation. which denotes the adding a clause to
it;
from dispensation, which only sets it
aside in a particular instance; and from an-
tiquation, which is the refusing to pass a
Law. Encyc.
Loud.
'
*fipnea abrogation. A statute is said' to
work an “implied abrogation" of an earlier
ABSENCE
one, wheii- the later statute contains prbfls‘idns
which are inconsistent with the further cone
tinuance of the earlier law; or a statute is zimn
pliedly abrogated when the reason of it, or the"
object for which it was passed, no longer exists.’
- ABSOOND. To go in a clandestine man-
ner out of the jurisdiction of the courage]:
to lie concealed, in order to avoid the!!- pros!
cess.
.
. ,', r.
.. To hide, canceal, or absent oneself clan-
destinely, with the intent to avoid' legal .p'm4
cess. Smith v. Johnson, 43 Neb. 754, 62-N.
W. '217; Hoggett v. Emerson, '8-:Kan.r262r;
Ware v. Todd, 1 Ala. 200; Kingsland v. Wor-
sham, 15 M0. 657.
.
...,
-
»
ABSCONDING DBBTOR. One, who gab:
sconds from his creditors. An abscondms,
debtor is one who lives without the state,
or who has intentionally concealed himself
from his creditors, or withdrawn himself
from the reach of their suits, with intent to
frustrate their
just demands. Thus, it. a
person departs’ from his usual residence: or
remains absent; therefrom, or conceals his)!
self in his house, sotthat he cannot the carved
with process, with intent unlawfully to de-
my or" defraud his creditors, h-e is an ib-
scondin'g debtor; but if he‘ departs fromwe
state or from his usual abode, with’the’lliiv
tention ~of again returning, and witIiOh'iE'I any
fraudulent design, he has not absconded, 361*
absented, himself, within the. intendmentmf
the law.’ Staflord v. Mills, 57 N. J. Law. 57.4.-
32 Atl. 7; Fitch ,v. Waite, 5 Conn. 117. .
.
..
‘.
,.‘A’ party may absc'ond. and subject. himself
to .,the ~.t'Jperatibn' of‘
the attachment, law
against ‘ab'scon'din'g debtors, without . fearfi'n
the limits 'of the state. Field v. gaseous?
‘1“;m ?.
-
'
-
.‘
0 xi.
.. a debtor who is shut up from his creditors
in his own .house is an abscondingfigebtgrg:
Ives v. Curtiss, 2 Root (Conn) 133.
'
J ‘
,-; ABSENCE, . The state :of being absent,
removed, or away from- ,one's .domiciiea .9;
luminance :0! residence
-
-. w
:._:
:.c.'-:
Absence is of a fivefold kind:- 5(1) Ailm’:
aary absence, as in banished or transported per-
sons; this isventirely necessary.
(2) Necessary
and voluntary, as ‘upon the accOunt_of .the cem-
monwealth. or in the service of the church:
(3’!
A probable absence, according to.:the.civilians,
as that of students on the score o£-._studyq.. (4)
Entirely voluntary, on account of ,trade, mere
chandise, and the like.
(5) Absence ‘cum {dole
ct 'culpa,‘ as not appearing to a writ, eub‘pwua,
citation, etc., or to delay or defeat creditor-9,.”
avoidin arrest, either on civil or criminal. pro:
cess.
yliffe.
‘ "
.
." .‘J
-".':.
.. 3Where the statute allows the vacationipf 3
judgment rendered against a defendant-yin
his absence," the term “absence” means non-
appearance to the action, and not merely that
the party was not present in court. ' istrine
v. Kaufman, 12 Neb. 423,11 N. W. 867.
_
f
In autos law. Want or default o'f'ap-
pearance. A decree is said to be in absence
where the defender (defendant) does not ap-
pear.
Ersk.
lust.- bk. 4, tit. 3, 5 6.
‘See
Dscnssr.
.
.
.
f
-
..
‘ "n.
ABSENT].
spasm Lat.
(Abl. of abacus.) Be.
ing absent. A common term in the old re-
ports.
“The three Justices, abacnte North,
0. 1., were clear of opinion." 2 Mod. 14.
new. One who dwells abroad; a-
lsndlord who resides in a country other than
that fmm which he draws his rents. The
discussions on the subject have generally had
reference to Ireland. McCul. Pol. Econ; 33
Brit. Quar. Rev. 455.
One who is absent from his usual place of
residence or domicile.
In Louisiana law and practice. A per.
son who has resided in the state, and has
departed without leaving any one to repre-
sent him. Also, a person who never was
domiciliated in the state and resides abroad.
01l Code La. art. 3556; Dreville v. Cucullu,
18 La. Ann. 695; 'Morris v. Bienvenu, 30 La.
Ann. 878.
HIM, or DBI ansmms.
A parliament so called was held at Dublin,
10th May, 8 Ben. VIII.
It is mentioned in
letters patent 29 Hen. VIII.
Absenten ecolpere dchemus can on!
m est co loci in «use petitnr. We
ought to consider him absent who is not in
the place where he is demanded. Dig. 50, 16,
199.
Absent“ eJns qnl seipnhlico oansI
abcst, neqne ei neqnc all! damnesa esse
debet. 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.
”sons—asserts. To pardon or set
free; used with respect to deliverance from
excommunicatlon. Cowell; Kelham.
Absolute sentenfls. expositore non in-
duct. An absolute sentence or proposition
(one that is plain without any scruple, or ab-
solute without any saving) needs not an ex-
positor. 2 Inst. 533.
ABIOLU'I'E.
Unconditional;
complete
and perfect in itself, without relation to, or
dependence on, other things or persons,—as
an absolute right; without condition, excep-
tion, restriction, qualification, or limitation,
—as an absolute conveyance. an absolute es~
tats; final, peremptory,—as an absolute rule.
People v. Ferry, 84 Cal. 31, 24 Pac. 33; W11-
son v. White, 133 Ind. 614, 33 N. E. 361, 19
L. R. A. 581; Johnson v. Johnson, 32 Ala.
637; Germania F. Ins. Co. v. Stewart, 13 Ind.
App. 627, 42 N. E. 286.
As to absolute “Conveyance," “Covenant,”
“Delivery,”
“Estate,”
“Gift,"
“Guaranty,”
'“Interest,”
“Law,"
"Nuliity,"
“Property,”
“Rights,” “Rule,” “Sale,” “Title,” “Warran-
dice,” see those titles.
ABSOLUTELY.
Completely;
wholly;
without qualification; without reference or
10
ABSTENTION
relation to, or dependence upon, any other
person, thing, or event.
“SOLUTION.
In the civil law. A
sentence whereby a party accused is declared
innocent of the crime laid to his charge.
In moss law. A juridical act whereby
the clergy declare that the sins of such as
are penitent are remitted.
- In French law. The dismissal of an ac.
cusatlon.
The term “acquitment”
is em-
ployed when the accused is declared not
guilty and “absolution” when he is recog-
nized as guilty but the act is not punishable
by law, or he is exonerated by some defect of
intention or will. Merl. Repert; Bouvier.
ABSOLU'I‘IIM. Any system of govern-
ment, be it a monarchy or democracy,
in
which one or more persons, or a class, govern
absolutely, and at pleasure, without check or
restraint from any law, constitutional de-
vice, or co-ordinate body.
ABIOLVI'I‘OR.
In Scotch law. An ac-
quittal; a decree in favor of the defender in
any action.
ABIQUE. Without. Occurs in phrases
taken from the Latin; such as the following:
ABIQUB ALIQUO ms ammo.
(Without rendering anything therefrom.) A
grant from the crown reserving no rent.
2
Rolls, Abr. 602.
ABIQUB OONIIDBBA’I‘IONB cm.
In old practice. Without the consideration
of the court; without Judgment. Fleta, lib.
2, c. 47, I 13.
ABIQUE KOO. Without this.
These
are technical words of denial, used in plead-
ing at common law by way of special trav-
erse, to introduce the negative part of the
plea, following the amrmative part or induce-
ment. Martin v. Hammon, 8 Pa. 270; Zents
v. Legnard, 70 Pa. 192; Hite v. Kier, 38 Pa.
72; Reiter v. Morton, 96 Pa. 229; Turnpike
Co. v. McCullough, 25 Pa. 303.
”80113 METRIC!!!
VAITI.
Without impeachment of waste; without ac-
countability for waste; without liability to
suit for waste. A clause anciently often in-
serted in leases, (as the equivalent English
phrase sometimes is.) signifying that the ten-
ant or lessee shall not be liable to suit, (im-
politic.) or challenged, or called to account,
for committing waste.
2 Bi. Comm. 283; 4
Kent, Comm. 78; Co. Litt. 220a; Litt. 5 352.
A380!!! TALI OAUIA.
(Lat. without
such cause.) Formal words in the now obso-
lete replication dc lnjuria. Steph. Pl. 191.
”IMTION. In French law. Keep-
ing an heir from possession; also tacit re-
nunciation of a succession by an heir. Merl.
Report.
assraso'r
ABSTRACT, 13.
An abstract is a less
. quantity containing the virtue and force of
a greater quantity. A transcript is general-
1y defined a copy. and is more comprehensive
than an abstract. Harrison v. Mtg. 00., 10
S. C. 278, 283; Hess v. Drairen, 99 Mo. App.
580, 74 S. W. 440; Dickinson v. Chesapeake
a 0. R. Co., 7 W. Va. 390, 413; Wilhite v.
Barr, 67 M0. 284.
ABSTRACT, 12.
from.
. Under the National Bank Act, “abstraction”
is the act of one who, being an officer of a na-
tional banking association, wrongfully takes or
withdraws from it any of its moneys, funds, or
credits. with intent to injure or defraud.it or
some .other person or company. and, without
its knowledge or consent or that of its board
of directors, converts them to the use of him-
self or 'of some person or company other than
the bank.
It is not the same as embezzlement,
larceny, or misapnlication of
funds.
United
States v. Harper (C. C.) 33 Fed. 471; United
States v. Northwa , 120 U. S. 327, 7 Sup. Ct.
580, 30 L. Ed. 664: United States v. Youtsey,
(C. C.) 91 Fed. 864; United States v. Taintor
28 Fed. 083. 7; United States v. Breese (D. 0.;
131 Fed. 915.
ABSTRACT or A PIN-B.
In old con-
veyancing. One of the parts of a tine, being
an abstract or the writ of covenant, and the
concord, naming the parties, the parcels of
land, and the agreement.
2 Bl. Comm. 351;
Shep. Touch. 8. More commonly called the
“note" or the fine. Bee Fran; Cosooan.
ABSTRACT 01-“ TITLE. A condensed
history of the title to land, consisting of a
synopsis or summary of the material or op-
erative portion of all
the conveyances, of
whatever kind or nature, which in any man-
ner aflect said land, or any estate or interest
therein,
together with a statement of all
liens, charges, or liabilities to which the same
may be subject. and of which it is in any
way material for purchasers to be apprised.
Warv. Atst. 5 2.
Stevenson v. Polk, 71
Iowa, 278, 32 N. W. 340; Union Safe Deposit
Co. v. Chisholm, 33 Ill. App. 647; Banker v.
Caldwell, 3 Min. 94 (Gil. 46); Heinsen v.
Lamb, 117 Ill. 549, 7 N. E. 75; Smith v.
Taylor, 82 Cal. 533, 23 Fee. 217.
An abstract is a condensation, epitome, oi-
synopsis, and therein diirers from a copy or
a transcript. Dickinson v. Chesapeake & O.
R. 00., 7 W. Va. 390. 413.
To take or withdraw
Abundans cautela non nooet. Extreme
caution does no harm.
11 Coke, 6b. This
principle is generally applied to the construc-
tion of
instruments
in which superfluous
words have been inserted more clearly to ex-
press the intention.
ABSIJ’BDITY.
In statutory construction,
an “absurdity”
is not only that which is
physically impossible, but also that which is
morally so; and that is to be regarded as
morally impossible which is contrary to rea-
son, so that it could not be imputed to a
man in his rigit senses. State v. Hayes, 81
11
muss
M0. 574, 585. Anything which is so irration-
al, unnatural, or inconvenient that it cannot
be supposed to have been within the inten-
tion or men or ordinary intelligence and dis-
cretion. Black, Interp. Laws, 104.
ABUSE, v.
To make excessive or im-
proper use of a thing, or to employ it in a
manner contrary to the natural or legal rules
for its use;
to make an extravagant or ex-
cessive use, as to abuse one’s authority.
In the civil law, the borrower of a chattel
which, in its nature, cannot be used without
consuming it, such as wine or grain, is said
to abuse the thing borrowed if he uses it.
ABUSE, n. Everything which is contrary
to good order established by usage. Merl.
Repert. Departure from use;
immoderate
or improper use.
.
0! corporate franchises. The abuse or
misuse of its franchises by a corporation
signifies any positive act in violation of the
charter and in derogation of public right,
willfully done or caused to be done; the use"
of rights or franchises as a pretext for
wrongs and injuries to the public. Baltimore
v. Pittsburgh, etc., R. Co., 3 Pittsb. R. (12’s.)
20, Fed. Gas. No. 827; Erie & N. E. R. Co. v.
Casey, 26 Pa. 287, 318; Railroad Commission
v. Houston, etc., R. Co., 90 Tex. 340, 38 S. 'W.
750; People v. Atlantic Ave. B. 00., 125 N.
Y. 513, 26 N. E. 6.22.-
-
.
0! Judicial discretion. This term, com-
monly employed to justify an interference
by a higher court with the exercise 01" dis-
cretionary power by a lower court,’ implies
not merely error of Judgment. but perversity
of will, passion, prejudice, partiality, 'or mer-
al delinquency. The exercise of an honest
Judgment, however erroneous it may appear
to be, is not an abuse of discretion. People
v. New York. Cent. R. Co.,- 29 N. Y. 418, 431;
Stroup v. Raymond, 183 Pa. 279. 38 Atl. 626,
63 Am. St. Rep. 758; Day v. Donohue, 62 N.
J. Law, 380, 41 At]. 934; Citizens' St. R. Co.
v. Heath, 29 Ind. App. 395, 62, N. E. 107.
Where a court does not exercise a discretion
in the sense of being discreet, circumspect,
prudent, and exercising cautious judgment, it
is an abuse of discretion. Murray v. Buell,
74 Wis. 14. 41 N. W. 1010 ;- Sharon 1. Sharon.
75 Cal. 1, 16 Pac. 345.
»
.
.
0! a tennis child. An injury to the gen-
ital organs in an attempt at carnal knowl-
edge,
falling short of actual penetration.
Dawkins v. State, 58 Ala. 376, 29 Am. Rep.
754.
But, according to other authorities.
“abuse” is here equivalent to ravishment or
rape. Palin v. State, 38 Neb. 862, 57‘ N. 'W.
743; Commonwealth v. Roosnen."143 Mass.
32, 8 N. E. 747; Chambers v. State, 46 Neb.
447, 64 N. W. 1078.
'
'
'
‘
or distress. The using an animal or chat-
tel distrained, which makes the distrainer
liable as for a conversion.
01 process; There is said to be an abuse
of process when an adversary, through the
ABUSE
malicious and unfounded use of some regular
legal proceeding, obtains some advantage
over his Opponent. Wharton.
A malicious abuse of legal process is where
the party employs it for some unlawful ob-
ject, not the purpose which .it is intended by
the law to eil'ect;
in other words, a perver-
sion of it. Lauzon v. Charroux, 18 R. I. 467,
28 Atl. 975;. Mayer v. Walter, 64 Pa. 283;
Bartlett v. Christhilf. 69 Md. 219, 14 Atl.
518; King v. Johnston, 81 Wis. 578, 51 N.
W. 1011; Kline v. Hibbard, 80 Hun, 50, 29
N. Y. Supp. 807.
’
AE‘CT. To reach, to touch.
In old law,
the ends were said to abut, the sides to ad-
join, Cro. Jac. 184. And see Lawrence v.
Killam, 11 Kan. 499, 511; Springfield 17.
Green, 120 Ill. 269, 11 N. E. 261.
.I’roperty is described as “abutting" on a
street, road, etc., when. it adjoins or is adja-
cent thereto, either in the sense of actually
touching .it or being practically contiguous to
it, being so arated by no more than a small
and lnconsi erable distance, but not when an-
other lot, a street, or any other such distance
intervenes. Richards v. Cincinnati, 31 Ohio St.-
506; Sprin eld v. Green, 120 Ill. 269, 11 N.-
E. 261; C-0 en v. Cleveland. 43 Ohio St. 190. 1
N. E. 589: Holt v. Somervilie, 127 Mass. 408;
Cincinnati v. Batsche 52 Ohio St. 324, 40 N.
I. 21. 27 L. n. A. 536; Code Iowa 1397. s
- AEC'TIIENTB. The ends of 'a bridge, or
those parts of it which touch the land. Susé
sex County v. Strader, 18 N. J. Law, 108, ‘35
Am.- Dec. 530.
AEUTTALB.
(From abut, q. 1).) Como.
monly defined “the buttings and boundings of
lands. east, west. north, and south, showing
on what other lands, highways, or places
they abut, or are limited and bound
” Co-
well; Tomi.
' AC emu. (Lat. And also.) Words
used ,to introduce the statement of the real
mass of action, in those cases where it was
necessary to allege a fictitious cause of ac.
tion to give the court jurisdiction, and also
the real cause, in compliance with the stat-
a...
'
AC II.
(Lat.
As if.)
Townsh. P]. 23,
2'1. These words frequently occur in old Eng-
lish statutes.
Lord Bacon expounds their
meaning in the statute of uses:' “The statute
gives entry, not simpliciter, but with an ac
sL!’ Bac. Read. Uses, Works, iv. 195.
' ACADEMY.
In its original meaning, an
association formed for mutual improvement.
or. for the advancement of science or art; in
later use, a species of educational institution,
of a grade between the common school and
the college. Academy of Fine Arts v. Phila-
delphia County. 22 Pa. 496; Commonwealth
v. Banks, 198 Pa. 397. 48 Atl. .277; Blackwell
v. State, 36 Ark. 178.
ADM.
. ~
In French feudal law. A spe-
12
ACCEPTANCE
change of a tenant. A feudal right. which
formerly prevailed in Languedoc and Guy“
enne, being attached to that species of herita-
ble estates which were granted on the con?
graft 3f emphutcuais. Guyot, Inst. Feod. c.‘
,
1
.
ACCEDAI AD CURIAM. An original
writ out of Chancery, directed to the sherifl'.
for the removal of a replevin suit from a
hundred court or court baron to one of the
superior courts.
See Fitzh. Nat. Brev. 18;
3 Bl. Comm. 34; 1 Tidd. Pr. 38.
ACCEDAB AD VICE comma. L.
Int.
(You go to the sheriff.) A writ for-.
merly directed to the coroners of a county in
England, commanding them to go to the sher-
iff, where the latter had suppressed and neg-
lected to return a writ of pane. and to deliver
a writ to him requiring him to return it.
Reg. Orig. 83. See PONE.
ACCELERATION.
The shortening 01'
the time for the vesting in possession of an'
expectant interest.
'
ACCEPT. To receive with approval or
satisfaction; to receive with intent to retain.
Also, in the capacity of drawee of a bill, to
recognize the draft, and engage to pay it
when due.
'
ACCEPTANCE. The taking and receiv-
ing of anything in good part, and as it were
a tacit agreement to a preceding act, which
might have been defeated or avoided if such
acceptance had not been made. Brooke, Abr.‘
'The ‘act of a person to whom a thing is of-
fered or tendered by another, whereby he re-
ceives the thing with the intention of retain-
ing it, such intention being evidenced by a
sufficient act.
‘
The acceptance of goods sold under a con-
tract which would be void by the statute of
frauds without delivery and acceptance in-
volves something more than the act of the
vendor in the delivery.
It requires that the
vendee should also act, and that his act
should be of such a nature as to indicate
that he receives and accepts‘the goods deliv¥
ered as his property. He must receive and
retain the articles delivered, intending there-
by to assume the title to them, to constitute
the acceptance mentioned in
the statute.
Rodgers v. Phillips. 40 N. Y. 524.
See, also,
Snow v. Warner, 10 Metc. (Mass) 132, 43
Am. Dec. 417.
.
In marine insurance, the acceptance of
an abandonment by the underwriter is his
assent, either express or to be implied from
the surrounding circumstances, to the suiti-
ciency and regularity of the abandonment.
Its effect is to perfect the insured‘s right of
action as for a total loss, if the cause of loss
and circumstances have been truly disclosed.
Rap. & Law.
Acceptance of a bill of exchange.
In
cles of relief; a seignoriai right due on every. _mercantile law. The act by which the per;
ACCEPTANCE
son on whom a bill of exchange is drawn
(called the “drawee”) assents to the request
of the drawer to pay it, or, in other words,
engages, or makes himself liable, to pay it
when due. 2 Bl. Comm. 469; Cox v. National
Bank, 100 U. S. 704, 25 L. Ed. 739.
It may
be by parol or in writing, and either general -
or special, absolute or conditional; and it
may be impliedly. as well as expressly, given.
3 Kent. 00mm. 83, 85; Story, Bills, 53 2&8,
%1. But the usual and regular mode of
acceptance is by the drawee’s writing across
the face of the bill
the word “accepted.”
and subscribing his name; after which he
is termed the acceptor.
Id. 5 243.
The following are the principal varieties of
acceptances:
,.4 hectare. An express and positive. agree-
ment to pay the bill according to its tenor.
Conditional.
An engagement to pay the
bill on the happening of a condition. Todd v.
Bank of Kentucky, 3 Bush (Ky.) 628.
_ Express. An absolute acceptance.
Implied. An acceptance inferred by law
from the‘ acts or'conduct of the drawee.
Partial. An acceptance varying from the
tailor of the bill.
~ Qualified. One either conditional or par-
tial, and which introduces a variation in the
sum, time, mode, or place of payment.
. Supra protest. ' An acceptance by a third
person, after protest of the bill for non-ac-
ceptance by the drawee, to save the honor of
the drawer or some particular indorser.
. A general acceptance is an absolute ac-
ceptance precisely in conformity with the
tenor- of the bill itself, and not qualified by
any statement, condition, or change. Rowe
v. Young, 2 Brod. & B. 180; Todd v. Bank
of Kentucky, 3 Bush (Ky.) 628.
. A special acceptance is the qualified ac-
ceptance of ‘a bill of exchange, as where it
is accepted as payable at, a particular place
“and not elsewhere."
Rowe v. Young, 2
Brod. & B. 180.
ACCEPTANCE AU BESOIN.
Fr.
In
French law. Acceptance in case of need;
an acceptance by one on whom a bill
is
drawn on besoin, that is, in case of refusal
or failure of the drawee to accept. Story,
Bills, is 65, 254, 255.
ACCEPTABE. Lat.
In old pleading.
To _,accept.
Acceptavtt,
,he accepted.
2
Strange, 817. Non acceptavit, he did not
accept. 4 Man. a; G. 7.
.
In the civil law. To accept: to assent ;,
to -assent to a promise made by another.
Gro.'de J. B. lib. 2, c. 11, § 14.
ACCEPTEUB PAR INTERVENTION.
In French law. Acceptor of a bill for honor.
. ACCEPTILATION.
In the civil and
Scotch law.. A reieasemade by a creditor to
his debtor of his debt, without receiving any,
Migration. ,ayi, Baud. tit. 26, p. 570. . it
13
ACCESSARY
is a species of donation, but not subject to.
the forms of the latter, and is valid unless
in fraud of creditors. Merl. Repert.
'
The verbal extinction of a verbal contract,
with a declaration that the debt has been
paid when it has not; or the acceptance of;
something merely imaginary in satisfaction
of a verbal contract.
Sanders’ Just. Inst.
(5th Ed.) 386.
ACCEPTOR. The person who accepts a
bill of exchange, (generally the drawee,) or
who engages to be primarily responsible for
its payment.
ACCEPTOB SUPRA PROTEST. One
who accepts a bill which has been protested.
for the honor of the drawer or any one of
the indorsers.
ACCBBI. Approach; or the means, pow-
er, or opportunity of approaching.
Some-
times importing the occurrence of sexual in-
tercourse; otherwise as importing opportuni-
ty of communication for that purpose as be-
tween husband and wife.
-
In real property law, the term “access”
denotes the right vested in the owner of
land which adjoins a road or other highway
to go and return from his own land to the
highway without obstruction. Chicago, etc.,
R. Co. v. Milwaukee, etc., R. Co., 95 Wis.
561, 70 N. W. '678. 37 L. B. A. 856, 60 Am.
St. Rep. 136; Ferguson .v. Covington, etc.,
R. Co., 108 Ky. 662, 57 S. W. 460; Reining
v. New York, etc., R. Co. (Super. Buff.) 18
N. Y. Supp. 238.
..
ACCESSARY.
In criminal law. Con-J
tributlng to or aiding in the commission of a
crime. One who, without being present at
the commission of a felonious olfense,
'be:
comes guilty of such otfense. not as a chief
actor, but as a participator, ,as by command.
advice,
instigation. or concealment; either
before or after the fact or commission; a
particcpa criminis. 4 Bl. Comm. 35: Cowell.
An accessary is one who is not the chief
actor in the offense, nor present at its per-
formance, but in some way concerned there-
in, either before or after the act committed.
Code Ga. 1882. i 4306. People v. Schwartz,
32 Cal. 160: Elmer v. PeOple. 153 Ill. 123.
38 N. E. 667: State v. Berger. 121 Iowa. 581.
96 N. W. 1094; People v. Ah Ping. 27 Cal.
489; United States v. Hartwell. 26 Fed. Gas.
198.
‘
'
' Accessory after the fact.
An acces-
sary after the fact is a person who, havé
ing full knowledge that a crime has been
committed, conceals it from' the magistrate,
and harbors, assists,'or protects the person
charged with, or convicted Of,
the crime.
Code Ga. 1882, 3 4308; Pen. Code Cal. § 32;
All persons who. after the commission of
any felony, conceal or aid the offender, with
knowledge that he has committed a felony.
and. with'intent. that. he may avoid‘or. escala-
ACCESSARY
14
from arrest, trial, conviction, or punishment.
are necessaries Pen. Code Dak. § 28.
An necessary after the fact is a person
who, knowing a felony to have been commit-
ted by another, receives, relieves, comforts
or assists the felon, in order to enable hini
to escape from punishment, or the like.
1
Russ. Crimes, 171; Steph. 27 ; United States
v. Hartwell, 26 Fed. Gas. 196; Albritton v.
State, 32 Fla. 358, 13 South. 955; State v.
Davis, 14 R. I. 281; People v. Sanborn, 14
N. Y. St. Rep. 123: .Loyd v. State, 42 Ga.
221; Carroll v. State, 45 Ark. 545: Biakely
v. State, 24 Tex. App. 616, 7 S. W. 233, 5
Am. St. Rep. 912.
.
Aeoeuary before the fact.
In crim-
inal
law.
One who, being absent at the
time a crime is committed, yet procures,
counsels, or commands another to commit it;
and,
in this case, absence is necessary to
constitute him an accessary, for, if he be
present at any time during the transaction,
he is guilty of the crime as principal. Plow.
97.
1 Hale, P. C. 615, 616; 4 Steph. Comm.
90, note 11.
An necessary before the fact is one who,
being absent at the time of the crime com-
mitted, doth yet procure, counsel, or com-
mand another to commit a crime. Code Ga.
1882, 5 430”; United States v. Hartwell, 26
Fed. Gas. 196; Griffith v. State, 90 Ala. 583.
8 South. 812; Spear v. Hiles, 67 Wis. 361. 30
N. W. 511; Com. v. Hollister, 157 Pa. 13, 27
Atl. 386, 25 L. R. A. 349; People v. Sanborn,
14 N. Y. St. Rep. '123.
Accessary during the fact. One who
stands by without interfering or giving such
help as may be in his power to prevent the
commission of a criminal oirense. Farrell
v. People, 8 Colo. App. .524, 46 Pae. 841.
ACCESSARY TO ADULTERY.
A
phrase used in the law of divorce, and de-
rived from the criminal law. It implies more
than connivance, which is merely knowledge
with consent. A conniver abstains from in-
terference; an accessary directly commands,
advises, or procures the adultery. A hus-
band or wife who has been necessary to the
adultery of the other party to the marriage
' cannot obtain a divorce on the ground of
suchadultery. 20 & 21 Vict. c. 85, 5! 29, 31.
See Browne,~Div.
ACCESSIO.
In Roman law.
An in-
crease or- addition; that _which lies next to
a thing,.and is supplementary and necessary
to the principal thing; that which arises or
is produced from the principal thing. Cal-
vin. Lex. Jurid.
One of the modes of acquiring property,
being the extension or ownership over that
which grows from, or is united to. an article
which one already possesses. Mather v.
Chapman, 40 Conn. 382, 397, 16 Am. Rep. 46.
ACCESSION.
The right to all which
one’s own property produces, whether that
ACCESSORY CONTRACT
prbperty be movable or immovable: and the
right to that which is united to it by acces-
sion, either naturally or artificially. 2 Kent,
360; 2 Bl. Comm. 404.
A principle derived from the civil
law. by
which the owner of
roperty becomes entitled
-to all which it pro aces, and to all
that is
added or united to it, either naturali ' or arti-
ficial] ,
(that is. by the labor or eh i of an-
other, even where such addition extends to a
change of form or materials; and by “1111611. on
the other hand, the possessor of propergobe-
comes entitled to it, as against the o gmal
owner, where the addition made to it by his
skill and labor is of greater value than the
propert
itself, or where the change eflected
in its orm is so great as to render it impos-
sible to restore it to its original shape. BurrilL
Betta v. Lee, 5 Johns. (N. Y. 348. 4 Am. Dec.
368; Lampton v. Preston, 1
. J. Marsh. (Ky.
454. 19 Am. Dec. 104; Eaton v. Munroe, 5
11:31:32; 6538.2.Puleifer v. Page, 32 Me. 404, 54 Am.
In international law. The absolute or
conditional acceptance by one or several
states of a treaty already concluded between
other sovereignties. Merl. Repert. Also the
commencement or inauguration of a sover-
eign’s reign.
ACCESSION, DEED or.
In Scotch
law. A deed executed by the creditors of a
bankrupt or insolvent debtor, by which they
approve of a trust given by their debtor
for the generai behooi‘, and bind themselves
to concur in the plans proposed for extricat-
ing his airairs. Bell, Diet.
Aooeuorim won duoit, sod acquit-r
stun principals. Co. Litt.
152.
That
which is the accessory or incident does not
lead, but follows, its principal.
Aooeuorins sequitur naturan n1
principalis. An accessary follows the na-
ture of his principal,
3 Inst. 139.
One
who is accessary to a crime cannot be guilty
of a higher degree of crimc than his prin-
cipal.
ACCESSORY. Anything which is Joined
to another thing as an ornament, or to ren-
der it more perfect, or which accompanies
it. or is connected with it as an incident.
or as subordinate to it, or which belongs to
or with it.
In criminal law. An necessary. The lat-
ter spelling is preferred.
See that title.
ACCESSORY ACTION. In Scotch prac-
tice.
An action which is subservient or
auxiliary to another. 0! this kind are ac-
.tions of “proving the tenor,” by which lost
deeds are restored; and actions of “tran-
sumpts,” by which e0pies of principal deeds
are. certified. Bell, Diet.
ACCESSORY CONTRACT.
In
the
civil law. A contract which is incident or
auxiliary to another or principal contract;
such as the engagement of a surety. Poth.
Obl. pt. 1, o. 1, 5 1,‘ art. 2.
A principal contract is one entered into by
AGCESSORY OBLIGATION
15
both parties on their own accounts, or in the
several qualities they assume. An accessory
contract is made for assuring the perform-
ance of a prior contract, either by the same
parties or by others; such as suretyship,
mortgage, and pledge. Civil Code La. art.
1771.
.
ACCESSORY OBLIGATION.
In the
civil law. An obligation which is incident
to another or principal obligation; the obli-
gntion of a surety. Poth. Obl. pt. 2, c. l, 3 6.
In Scotch law. Obligations to anteced-
ent or primary- obligations, such as obliga-
tions to pay interest, etc. Ersk. Inst. lib.
3, tit. 3, 5 60.
ACCIDENT. An unforeseen event, oc-
curring without the will or design of the
person whose mere act causes it; an unex‘
pected, unusual, or undesigned occurrence;
the effect of an unknown cause, or, the cause
being known, an unprecedented consequence
of it; a casualty. Burkhard v. Travelers’
Ins. 00., 102 Pa. 262, 48 Am. Rep. 205;
Etna L. Ins. Co. v. Vandecar, 86 Fed. 282,
30 C. 0. A. 48: Games v. Iowa Traveling
Men’s Ass'n, 106 Iowa, 281, 76 N. W. 683,
68 Am. St. Rep. 306; Atlanta Acc. Ass’n v.
Alexander, 104 Ga. 709, 30 S. E. 939. 42
L B. A. 188; Crutchfield v. Richmond &
D. R. Co., 76 N. C. 320; Dozier v. Fidelity
d.- Casualty Co. (0. C.) 40 Fed. 446, 13 L.
R. A. 114; Fidelity s Casualty Co. v. John-
son, 72 Miss. 333, 17 South. 2, 30 L. R. A.
one.
In its proper use the term excludes a
li-
cence:
that s, an accident is an event wb ch
occurs without the fault, carelessness, or want
0! proper circumspection of the person alfected,
or wh ch could not have been avoided by the
use of that kind and degree of care necessary to
the exigency and in the circumstances in which
he was
laced.
Brown v. Kendall, 6 Cash.
(Mesa)
; United States v. Boyd 0. C.) 45
Fed. 851; Armi'fi v. Abeytia, 5 N.
. 533, 25
Fee. 777' St.
uis. etc., R. Co. v. Barnett,
65 Ark. 2155, 45 s. w. 5'30; Aurora Branch R.
Co. v. Gn‘mes, 13 Ill. 585 But see Schneider
v. Provident L. Ins. Co..'24 Wis. 28. 1 Am.
Rep. 157.
'
In equity practice. Such an unforeseen
event, misfortune, loss, act, or omission as
is not the result of any negligence or mis-
conduct in the party. Fran. Max. 87; Story,
Eq. Jur. i 78.
The meaning to be attached to the word
“accident,”
in relation to equitable relief,
is any unforeseen and undesigned event,
productive of disadvantage. Wharton.
An accident relievable in equity is such an
occurrence, not the result of negligence or
misconduct of the party seeking relief in re-
lation to a contract, as was not anticipated
by the parties when the same was entered
into, and which gives an undue advantage to
one of them over another in a court of law.
Code (in. 1882. s 3112.
And see Bostwick
v. Stiles, 35 Conn. 195: Kopper v. Dyer. 69
Vt. 477, 9 Atl. 4, 59 Am. Rep. 742; Magann
ACCOMMODATION
v. Sega], 92 Fed. 252, 34 C. C. A. 323; Bucki,
etc., Lumber Co. v. Atlantic Lumber Co., 116
Fed. 1. 53 C. C. A. 513; Zlmmerer v. Fre-
mont Nat. Bank, 59 Neb. 661, 81 N. W. 849;
Pickering v. Cassidy, 93 Me. 139, 44 Atl.
683.
In maritime law and marine insur-
ance.
“Accidents of navigation” or “acci-
dents of the sea” are such as are peculiar
to the sea or to usual navigation or the ac-
tion of the elements, which do not happen
by the intervention of man, and are not to be
avoided by the exercise of proper prudence,
foresight, and skill.
The Miletus, 17 Fed.
Gas. 288; The .G. R. Booth, 171 U. S. 450,
19 Sup. Gt. 9, 43 L. Ed. 234; The Carlotta,
5 Fed. Gas. 76; Bazin v. Steamship Co., 2
Fed. Cas. 1,097.
See also Prams or was
Sea.
aoomm. Let. To fall; fall in: come
to hand: happen.
Judgment is sometimes
given against an executor or administrator
to be satisfied out of assets quando acci-
derint; i. 3., when they shall come to hand.
ACCION.
In Spanish law. A right of
action; also the method of judicial pro-
cedure for the recovery of property or a
debt. Escrlche, Dic. Leg. 49.
Accipere quid nt jnstitieln techs, non
est tun accipere qnun exterqncre. To
accept anything as a reward for doing Jus‘
tice
is
rather extorting than accepting.
Lent. 72.
ACCIPITABE. To pay relief to lords of
manors. Oapitali domino aocipitare, i. e., to
pay a relief, homage. or obedience to the
chief lord on becoming his vassal.
Fleta,
lib. 2, c. 50.
ACCOLA.
In the civil law. One who
inhabits or occupies land near a place, as
one who dwells by a river, or on the bank
of a river. Dig. 43, 13, 3, 6.
In feudal law. A husbandman; an agri-
cultural tenant: a tenant of a manor. Spel-
man. A name given to a class of villeins in
Italy. Barr. St. 302.
ACCODIENDA.
In maritime law.
A
contract between the owner of goods and the
master of a ship, by which the former in-
trusts the property to the latter to be sold
by him on their Joint account.
In such case, two contracts take place: First,
the contract called mandatwm, by which the
owner of the propertgv gives the master power
to dispose of 111'
an
t e contract of partner-
ship, in virtue of which the profits are to be di-
vided between them. One party runs the risk
of losing his capital;
the other, his labor.
If
the sale
roduces no more than first cost, the
owner ta es all
the proceeds.
It is only the
roiits gvgich are to be divided. Emerig. Mar.
ans.
.
ACCOMMODATION.
An arrangement
or engagement made as a favor to another.
not upon a consideration received; some-
J
ACCOMMODATION INDORSEMENT
1‘6
mug ‘ done to oblige. usually spoken of a
loan ,of money or commercial paper; also a
friendly agreement or composition of differ-
,ences
Abbott.
ACCOMMODATION INDORBBMENT.
See INDOBSEMENT.
ACCOMMODATION LANDS.
Land
bought by a builder or speculator, who
erects houses thereon, and then leases por-
tions there'of upon an Improved ground-rent.
ACCOMMODATION PAPER. An ac-
commodation bill or note is one to which the
accommodating party, he he acceptor, draw-
er, or indorser, has put his name, without
consideration, for the purpose of benefiting
“or accOmmodating some other party who‘de-
sires to raise money on it, and is to provide
for. the bill when due. Miller v. Larned, 103
:111. 562; Jefferson County v. Burlington &
-M. R. 00.. 66 Iowa, 385, 16 N. W. 561, 23
.N. W. 899; Gillmann v. Henry, 53 Wis. 465,
10 N. W. 692: Peale v. Addicks, 174 Pa.
543, 34 Atl. 201.
-
« ACCOMMODATION WORKS. -Works
.which' a railway company is required to
make and maintain for the accommodation
of the owners or occupiers of land adjoining
the' railway ;' ‘c. 9., gates. bridges, culverts,
’)
u
fences, etc.
8 ,Vict. c. 20, 5' 68.
‘ ACCOMPLICE.
In criminal
law.
A
person who knowingly, voluntarily, and with
cnmmon intent. with the principal oflender
.unites in the commission of a crime. Clapp
.v. State, 94 Tenn..186, 30 S. W.- 214; People
y. Bolanger, 71 Cal. 17, 11.Pac. 799; State
'v. Umble, 115 M0. 452. 22 S. 'W. 378; Car.-
ifoll v. State, 45 Ark. 539; State v. Light, 17
Ora-358,21 Pac. 132.
-
-
.
- One who is joined or united with another;
one tof several concerned in a felony; an as.-
soclate
in a crime; one who co-operates.
aids, or assists in committing it.
State v.
Ean, 90 Iowa. 534, 58 N. W. 898. This term
includes all the participes criminis, whether
considered in strict legal propriety as_ prin-
cipals or as necessaries.
1 Russ. Crimes, 26.
It is‘ generally applied to those who are ad-
'mltted to give evidence against their fel-
low criminals.
4 Bl. Comm. 331; Hawk.
P. C. bk. 2, c. 37. § 7; Cross v. People, 47
111. 158, 95 Am. Dec. 474.
One who is in some way concerned in- the
commission of a crime, though not as a
principal; and this includes all persons who
have been concerned
in
its commission,
whether they are considered, in strict legal
propriety, as principals in the first or sec-
ond degree. or merely as accemaries before
or after the fact.
In re Rowe, 77 Fed. 161,
‘ 23 C. C. A. 103: People v. Bolanger. 71 Cal.
17, 11 Pac. 799; Polk v. State; 36 Ark. 117:
Armstrong v. State, 33 Tex. Cr. R. 417, 26
S. W. 829.
.
.ACCQUNT .' (I
In practice. To agree or
‘.‘I ac-
.“The rest
-,
. :ACCORD, .v.
concur, as one judge with another.
cord.” Eyre, C. J., 12 Mod. 7.
accord
.”
7 Mod. 361.
ACCORD, n. A satisfaction agreed upon
between the party injuring and the party
injured which, when performed, is a bar to
all. actions upon this account.
Kromer_ v.
Helm, 75 N. Y. 576, 31 Am, Rep. 491.
,
An agreement to accept, in extinction of
an obligation, something different from or
less than that to which the person agreeing
to accept is entitled. Civ’. de Cal. § 1521;
Civ. Code Dak. 5' 859.
.
_
'
Q
ACCORD AND SATISFACTION. An
agreement between
two_ persons,
one of
whom has a right of action against the oth-
er, that the latter should do or give, and the
former accept, something in satisfaction of
the right of action different from, and usu-
ally less than, what might be legally en-
forced. When the agreement is executed,
and satisfaction has been made, it is called
“accord and satisfaction.” Rogers 'v. Spo-
‘kane‘, 9 Wash. 168, 37 Pac. 300; Davis 17.
Noaks, 3 J. J. Marsh. (Ky.) 494. .
j
Accord and satisfaction is the substitution
.of another agreement between the parties in
satisfaction of the former one, and an execu-
;tion of the latter agreement.
'Such, is the
definition of this sort of defense, usually
given. But a broader application ‘of'the do'c-
trine has been made in later times,’ where
‘one promise or agreement is set up in sat;
isfaction of another.
The rule is that' an
agreement or promise of the Same grade ’will
not be held to be in satisfaction of afpriéi'
one. unless it has been expressly accepted as
such: as, where a new promissory note has
been given in lieu of a former one, to have
the effect of a satisfaction of the former, it
must have been accepted on -an express
agreement to that effect. Pulliam v. Taylor,
‘50 Miss. 251; Continental Nat. Bank _v. Mes
vGeoch, 92 Wis. 286, .66 N. W. 606; Heathfvl.
Vaughn, .11 Colo. App. 384, 53 Fee. ‘229:
Story v. Maclay, 6 Mont. 492, 13 Pac. 198‘:
.Swoftord Bros. Dry Goods Co. v. Goss, 65
,Mo. App. 55; Rogers v. Spokane, 9 Wash.
168. 37 Pac. 300; Il'eavenrich v. Steele, 57
.Mlnn.221,58N.W.982.
.
.
ACCORDANT. Fr.. and Eng.
Agree-
ing; concurring.
.“Baron Parker, accord-
ant.” Hardr. 93; “Holt, 0. J.. accordant.”
6 Mod. 299; “Powys, J., accord," “Powell,
J., accord,” Id. 298.
‘
ACCOUCHEMENT. The act of a woman
in giving birth to "a child. The fact of the
accouchement, proved by a person who was
present, is often important evidence in prov-
ing the parentage of a person.
ACCOUNT. A detailed statement of the
mutual demands in the nature of debt and
credit between parties, arising out of con-
ACCOUNT
-
'17
tracts or some fiduciary relation, Whitwell
vyWillard, 1 Metc. (Mass) 216; Blakeley v.
Biscoe, 1 Hempst. 114, Fed. Gas. NO. 18,239;
Portsmouth v. Donaldson, '32 Pa.- 202, 72
.Am. Dec. 782.
’ A statement in writing, of debts and cred-
its. .or of receipts and payments; 9. list of
items of debts and credits, with their re—
spective dates.
Bensselaer Glass Factory
)7. Reid, 5 COW. (N. Y.) 593.
The word is sometimes used to denote the
balance, or the right of action for the balance,
appearing due upon a statement of dealings;
as where one speaks of an assi
ent of ac-
counts; but there is a broad
istinction be-
tween an account and the mere balance of an
account,
resembling
the distinction in
logic
between the premises of an argument and the
conclusions drawn therefrom. A balance is but
the conclusion or result of the.debit and credit
sides of an account.
It implies mutual deal-
ings, and the existence of debt and credit. with—
out which there could be no balance. McWil-
liams v. Allan, 45 Mo. 574.
—Account closed. An account. to which no
further additions can be made on either side,
but which remains still open for adjustment
and set-OE, which distin uishes it from an ac-
count stated.
Bass v.
ass. 8 Pick.
(Mass.)
187;
\‘Olkenin
v. De Graaf. 81 N. Y. 268;
Mandevilie v.
ilson, 5 Crunch,
5, 3 L..Ed.
23.—Account current. An open or running
or unsettled account between two parties.—
Account duties. Duties payable by the Bug--
lish custom and inland revenue act. 1881. (44
Vict. c. 12.
38.) on a donatio mom's cause,
or on any gi t, the donor of which dies within
three months after making it, or on joint prop-
erty voluntarily so created. and taken by sur-
vivorship, or on pro erty taken under a volun-
tary settlement in w ich the settlor had a life-
interest.—Account
rendered.
An account
made out by the creditor, and presented to the
'debtor for his examination and acceptance.
When accepted, it becomes an account stated.
Wiggins v. Burkham 10 Wall. 129,-19 L. Ed.
884; Stebbins v. Niles. 25 Miss. 267.q
count stated. The settlement of an account
between the parties, with a balance struck in
favor of one of them; an account rendered by
the creditor. and by the debtor assented to as
correct. either expressly, or by implication of
law from the failure to Object.
Ivy (‘oal C .
v. Long, 139 Ala. 535 36 South. 722: Zac-
arino v. Pallotti. 49' Conn. 36; McLellan v.
(«'rofton, 6 Me. 307;
James v. Feiiowes.
Le. Ann. 116; Lockwood v. Theme. 18 N.
Y. 2871: Holmes v. Page. 19 Or. 232. 23 Pad.
961; Phili
v. Belden, 2 Edw. (‘h. (N. Y.) 1;
“'are v. 1i anning. 86 Ala. 238, 5 South. 682-;
Morse v. Minton, 101 Iowa, 603, 70 N. W. 69L
This was also a common count in a declaration
upon a contract under which the plaintiff might
prove an absolute acknowledgment b
the de-
fendant of a liquidated demand 0
a fixed
amount, which implies a promise to pay on re.
guest.
It might be joined with any other count
or a money demand. The acknOwledgment or
admission must have been made. to the plaintiff
or his agent. Wharton—Mutual accounts.
Accounts comprising mutual credits between the
parties; or an. existin credit on one side which
constitutes a
round or credit on the other, or
where there s an understanding that mutual
debts shall be a satisfaction or set-off pro tanto
between the parties. McNeil v. Garland. 27 Ark.
343.—Open account. An account which has
not haen finally settled or closed. but is still
running or open to future adjustment or liquida-
tion. Open account, in legal as well as in or-
dmary language, means an indebtedness subject
to future adjustment. and which may be re-
duced or modified by proof.
Nisbet v. Law-
BL.Law Drc'r.(2n En.)—2
ACCOUNTANT GENERAL
son, 1 Ga. 275; Gayle v. Johnston, 72 Ala. 254
47 Am. Regium;
cCamant v. Batsell, 56
Tex. 368;
rvis v. Kroner, 18 Or. 414, 23
Pac. 260.—Publio accounts.
The accounts
kept b
officers of the nation, state. or king-
dom, o
the receipt and expenditure of the reve-
nues of the government.
ACCOUNT, or ACCOUNT nunnnn.
In' practice.
“Account,” sometimes called
“account render," was a form of action at
common law against a person who by reason
of some fiduciary
relation (as guardian,
bailiff, receiver, etc.) was bound tO render an
account to another, but refused to do so.
Fitzh. Nat. Brev. 116; CO. Litt. 172; Grif-
fith v. Willing, 3 Bin. (Pa.) 317; Travers v.
Dyer. 24 Fed. Gas. 142; Stevens v. Coburn,
71 Vt. 261, 44 At]. 354; Portsmouth v. Don-
aldson, 32 Pa. m, 72 Am. Dec. 782.
In England, this action early fell into disuse;
and as it is one of the most dilatory and ex:
pensive actions known to the law, and the par-
ties are held to the ancient rules of pleading,
and no discovery can be obtained, it never was
adopted to any great extent
in
the United
States. But in some states this action was em-
ployed. chiefly because there were no Chancery
courts in which a bill for an accounting would
lie. The action is peculiar in the fact that two
judgments are rendered, a preliminary judg-
ment that the defendant do account with the
ilaintifi (quad computet) and a final judgment
«Fauna recuperet after the accounting for the
balance found
ue.
Field v. Brown, 146 Ind.
£93, 1221‘. E. 464; Travers v. Dyer, 24 Fed.
as.
.
.
.'
. ACCOUNT-BOOK.
.A book kept by a
merchant, trader, mechanic, or other person,
in which are entered from time to time the
transactions of his trade or business. Such
books, when regularly kept, may be admit-
ted in evidence. Greenl. Ev. 5! 115-118.
, AOCOUN‘I‘ABLE.
Subject ‘to pay; re-
sponsible; “liable. Where one indorsed a
note ‘_‘A. G. accountable," it was held that,
under this form of
indorsement. he had
waived demand and notice. Furber v. Cav-
erly, 42 N. H. 74.
AOOO'U'NTABLE ' RECEIPT.
An
in-
strument acknowledging the receipt of mon-
ey or personal property, coupled with an ob-
ligation to account for or pay or deliver the
whole or some part of it to some person.
State v. Riebe, 27 Minn. 315, 7 N. W. 262.
ACCOUNTANT.
One who keeps ac-
counts; a person skilled in keeping books or
accounts; an expert
in accounts .or book-
keeping.
A person who renders an account. When
an executor, guardian, etc., renders an ac-
count ot the prOperty in his hands'aud his
administration of the trust, either
tO the
beneficiary or to a court, he is styled. for
the purpose of that proceeding, the “account-
ant.”
.
ACCOUNTANT GENERAL, or A0-
OOMPTANT GENERAL.
An officer of
the court of Chancery, appointed by act of