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TO THE HONORABLE
JOSEPH STORY, LL.D.,
ONE OF THE JUDGES OF THE SUPREME COURT OF THE UNITED STATES,
WITH HIS PERMISSION,
MOST RESPECTFULLY DEDICATED,
AS A TOKEN OF THE
GREAT REGARD ENTERTAINED FOR HIS TALENTS, LEARNING, AND CHARACTER,
FOR A TABLE OF ABBREVIATIONS, SEE TITLE ABBREVIATIONS.
A. The first letter of the alphabet. than a dissolution of the marriage. This spe
It is used to distinguish the first page of a cies of divorce is practically abolished in Masfolio, the second being marked "6,' thus: sachusetts, by statute 1870, c. 404. See 2 Coke, Litt. 114 a, 114b. It is also used as Bish. M. & D. § 743 a; 1 id. S$ 29, 39, 705. an abbreviation for many words of which it is See Divorce. the initial letter. See ABBREVIATIONS. A PRENDRE (Fr. to take, to seize).
In Latin phrases it is a preposition, denot- Rightfully taken from the soil; 5 Ad. & E. ing from, by, in, on, of, at, and is of common 764; 1 N. & P. 172; 4 Pick. 145. use as a part of a title. In French phrases it is also a preposition, fers from a right of way or other easement which
Used in the phrase profit à prendre, which difdenoting of, at, to, for, in, with.
confers no interest in the land itself; 5 B. & C. Among the Romans this letter was used in 221; 2 Washb. R. P. 25. criminal trials. The judges were furnished with A QUO (Lat.). From which. small tables covered with wax, and each one inscribed on it the initial letter of his vote: A (abu has been removed. The judge a quo is the
A court a quo is a court from which a cause solvo) when he voted to acquit the accused; C (condemno) when he was for condemnation; and judge in such court; 6 Mart. La. 520. Its À L (non liquet), when the matter did not ap- correlative is ad quem. pear clearly, and he desired a new argument. A RENDRE (Fr. to render, to yield).
The letter A (i. e. antiquo, "for the old law”) Which are to be paid or yielded. Profits à was inscribed upon Roman ballots under the Lex Tabellaria, to indicate a negative vote ; Tayl. Civ. rendre comprehend rents and services; HamLaw, 191, 192.
mond, Nisi P. 192. A CONSILIIS (Lat. consilium, advice).
A RETRO (Lat.). In arrear. A counsellor. The term is used in the civil A RUBRO AD NIGRUM (Lat. from red law by some writers instead of a responsis. to black). From the (red) title or rubric to Spelm. Gloss. Apocrisarius.
the (black) body of the statute. It was anA LATERE (Lat. latus, side). Collat- ciently the custom to print statutes in this eral. Used in this sense in speaking of the manner; Erskine, Inst. 1, 1, 49. succession to property. Bract. 20 b, 62 b. A VINCULO MATRIMONII (Lat. Without right. Bract. 42 b.
from the bond of matrimony). A kind of Apostolic; having full powers to represent divorce which effects a complete destruction the Pope as if he were present. Du Cange, of the marriage contract. See DIVORCE. Legati a latere; 4 Bla. Com. 306.
AB ACTIS (Lat. actus, an act). A no A ME (Lat. ego, I). A term denoting tary; one who takes down words as they are direct tenure of the superior lord. 2 Bell, spoken. Du Cange, Acta; Spelm. Gloss. H. L. Sc. 133.
Cancellarius. Unjustly detaining from me. He is said to A reporter who took down the decisions or withhold á me (from me) who has obtained acta of the court as they were given. possession of my property unjustly. Cal AB ANTE (Lat. ante, before). In advinus, Lex.
To pay a me, is to pay from my money. A legislature cannot agree ab ante to any
A MENSA ET THORO (Lat. from table modification or amendment to a law which a and bed, but more commonly translated, from third person may make; 1 Sumn. 308. bed and board). A kind of divorce, which AB ANTECEDENTE (Lat. antecedens). is rather a separation of the parties by law, Beforehand. 5 M. & S. 110. Vol. I. -2
AB EXTRA (Lat. extra, beyond, with owner of a ship surrenders the ship and freight out). From without. 14 Mass. 151. to a creditor who has become such by con
AB INCONVENIENTI (Lat. inconve- tracts made by the master. niens). From hardship; from what is incon
The effect of such abandonment is to revenient. An argument ab inconvenienti is an lease the owner from any further responsiargument drawn from the hardship of the bility. The privilege in case of contracts is
limited to those of a maritime nature; PoAB INITIO (Lat. initium, beginning). thier, Chart. Part. sec. 2, art. 2, § 51; Code From the beginning; entirely; as to all the de Commerce, lib. 2, tit. 2, art. 216. Similar acts done; in the inception.
provisions exist in England and the United
States to some extent; 1 Parsons, Mar. An estate may be said to be good, an agree- Law, 395-405; 5. Sto. 465; 16 Bost. Law ment to be void, an act to be unlawful, a trespass Rep. 686; 5 Mich. 368. to have existed, ab initio; Plowd. 6 a; 11 East,
See ABANDON395; 10 Johns. 253, 369 ; 1 Bla. Com. 440. See MENT FOR TORTs. Adams, Eq. 186. See TRESPASS; TRESPASSER. By Husband or Wife. The act of a husBefore. Contrasted in this sense with ex
band or wife who leaves his or her consort post facto, 2 Bla. Com. 308, or with postea, wilfully, and with an intention of causing Calvinus, Lex., Initium.
perpetual separation. See DESERTION.
In Insurance. The transfer by an assured AB INTESTAT. Intestate. 2 Low. to his underwriters of his interest in the inCan. 219. Merlin, Repert.
sured subject, or the proceeds of it, or claims AB INTESTATO (Lat. testatus, having arising from it, so far as the subject is insured made a will). From an intestate. Used by the policy: both in the common and civil law to denote The term is used only in reference to risks an inheritance derived from an ancestor who in navigation ; but the principle is applicable died without making a will; 2 Bla. Com. 490; in fire insurance, where there are remnants, Story, Confl. L. 480.
and sometimes also under stipulations in life AB INVITO (Lat. invitum). Unwillingly. policies in favor of creditors ; 2 Phillips, Ins. See INVITUM.
SS 1490, 1514, 1515; 3 Kent, 265; 16 Ohio AB IRATO (Lat. iratus, an angry man).
St. 200. By one who is angry. A devise or gift made
The object of abandonment being to reby, a man adversely to the interest of his cover the whole value of the subject of the heirs, on account of anger or hatred against insurance, it can occur only where the subject them, is said to be made ab irato. A suit to of it, survive the peril which is the occasion
itself, or remains of it, or claims on account set aside such a will is called an action ab of the loss. 2 Phillips, Ins. $$ 1507, 1516; irato; Merlin, Repert. Ab irato.
36 Eng. L. & Eq. 198; 3 Kent, 321 ; 3 ABACTOR (Lat. ab and agere, to lead Bing. N. C. 266. "In such case the assured away). One who stole cattle in numbers. must elect, immediately on receiving intelliJacob, Law Dict. One who stole one horse, gence of a loss, whether to abandon, and not two mares, two oxen, two she-goats, or five rams. Abigeus was the term more commonly state of the markets ; 2 Phillips, Ins. § 1667.
delay for the purpose of speculating on the used to denote such an offender.
He may have a reasonable time to inspect ABADENGO. Spanish Law. Lands, the cargo, but for no other purpose; 3 Kent, town, and villages belonging to an abbot and 320. He must give notice promptly to the under his jurisdiction. All lands belonging to insurer of his intention ; five days held too ecclesiastical corporations, and as such exempt late; 5 M. & S. 47; see L. R. 5 C. P. 341. from taxation; Escriche, Dicc. Raz. In America, it appears that the right of aban
Lands of this kind were usually held in mort- donment is to be judged by the facts of each main, and hence a law was enacted declaring particular case as they existed at the time that no land liable to taxation could be given to of abandonment; 3 Mas. 27; 2 Phillips, Ins. ecclesiastical institutions (“ ningun Realengo non pase a abadengo”), which is repeatedly insisted $ 1536; 12 Pet. 378. In England, the aban
be affected by subsequent occurABALIENATIO (Lat. alienatio). The rences, and the facts at the time of action most complete method used among the Ro- brought determine the right to recover; 4 M.
But this rule has
& S. 394; 2 Burr. 1198. mans of transferring lands. It could take
been doubted in England; 2 Dow, 474; 3 place only between Roman citizens. Calvinus,
Kent, 324. Lex., Abalienatio; Burr. Law Dic..
By the doctrine of constructive total loss, ABAMITA (Lat.). The sister of a great- a loss of over one-half of the property insured, great-grandfather; Calvinus, Lex.
or damage to the extent of over one-half its ABANDONMENT. The relinquishment value, by a peril insured against, may be or surrender of rights or property by one per- turned into a total loss by abandonment; 2 son to another.
Pars. Mar. Ins. 126 ; 20 Wend. 287; 3 Johns. In Civil Law. The act by which a debtor Cas. 182; 1 Gray, 154; 3 Mass. 27. This surrenders his property for the benefit of his does not appear to be the English rule; 9 creditors; Merlin, Repert.
C. B. 94; 1 H. of L. 513. See 4 Am. L. In Maritime Law." The act by which the Reg. 481; 1 Gray, 371.
The right is waived by commencing repairs; improvement; 1 Yeates, 515; 2 id. 476 ; 3
ABANDONMENT FOR TORTS. In
the person injured, in discharge of the owner's
A similar right exists in Louisiana ; 11 La.
ABARNARE (Lat.). To discover and
quash ; 3 Bla. Com. 168.
In Chancery Practice. A suspension of
It differs from an abatement at law in this :
in litigation is transmitted to another, he is
be had to preserve property