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TO THE HONORABLE

JOSEPH STORY, LL.D.,

ONE OF THE JUDGES OF THE SUPREME COURT OF THE UNITED STATES,

This dork

IS,

WITH HIS PERMISSION,

MOST RESPECTFULLY DEDICATED,

AS A TOKEN OF THE

GREAT REGARD ENTERTAINED FOR HIS TALENTS, LEARNING, AND CHARACTER,

BY

THE AUTHOR.

A

LAW DICTIONARY.

FOR A TABLE OF ABBREVIATIONS, SEE TITLE ABBREVIATIONS.

A.

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

(17)

vance.

AB EXTRA

18

ABANDONMENT

case.

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.

donment may

on,

ABANDONMENT

19

ABATEMENT

The right is waived by commencing repairs; improvement; 1 Yeates, 515; 2 id. 476 ; 3
2 Pars. Mar. Ins. 140 ; 3 Mas. 429; 3 Wend. S. & R. 319; of a trust fund; 3 Yerg. Tenn.
658 ; 5 Cow. 63; but not by temporary re- 258; of an invention or discovery; 1 Stor. C.
pairs; 2 Phillips, Ins. SS 1540, 1541; but is C. 280; 4 Mas. 111; property sunk in a
not lost by reason of the enhancement of the steamboat and unclaimed ; 12 La. An. 745;
loss through the mere negligence or mistakes a mining claim; 6 Cal. 510; a right under a
of the master or crew. It is too late to land warrant; 23 Penn. St. 271.
abandon after the arrival in specie at the port The question of abandonment is one of fact
of destination ; 2 Parsons, Mar. Ins. 128; 4 for the jury; 2 Washb. R. P. 82.
H. of L. 24; 15 Wend. 453. See 3 S. & R. 25. The effect of abandonment when acted upon
An inexpedient or unnecessary sale of the by another party is to divest all the owner's
subject by the master does not strengthen the rights; 6 Cal. 510; 11 Ill. 588. Consult 2
right; 2 Phillips, Ins. S$ 1547, 1555, 1570, Washb. R. P. 56, 82–85, 253–258.
1571. See SALVAGE; Total Loss.

ABANDONMENT FOR TORTS. In
Abandonment may be made upon informa- Civil Law. The relinquishment of a slave
tion entitled to credit, but if made specula- or animal who had committed a trespass to
tively upon conjecture, it is null.

the person injured, in discharge of the owner's
In the absence of any stipulation on the liability for such trespass or injury. If this
subject, no particular form of abandonment were done, the owner could not be held to any
is required; it may be in writing, or oral, in further responsibility. Just. Inst. 4, 8, 9.
express terms or by obvious implication (but

A similar right exists in Louisiana ; 11 La.
see 1 Campb. 541); but it must be absolute An. 396.
and unconditional, and the ground for it must
be stated; 2 Phillips, Ins. $S 1678, 1679 et disclose to a magistrate any secret crime.

ABARNARE (Lat.). To discover and
seq.; 1 Curt. C. C. 148; 4 Dall. 272; 18
Piek. 83 ; see 9 Metc. 354; 9 Mo. 406. 'Ac | Leges Canuti, cap. 10.
ceptance may cure a defeet in abandonment, ABATAMENTUM (Lat abatare). An
but is not necessary to its validity; 2 Phillips, entry by interposition. Coke, Litt. 277. An

abatement.
Ins. § 1689. Nor is the underwriter obliged

Yelv. 151.
to accept or decline. He may, however, waive ABATARE. To abate. Yelv. 151.
it; 2 Phillips, Ins. § 1698. But it is not sub ABATE. See ABATEMENT.
ject to be defeated by subsequent events; 2 ABATEMENT (Fr. abattre, L. Fr.
Phillips, Ins. $ 1704; 3 Mas. 27, 61, 429; 4 abater), to throw down, to beat down, destroy,
Cranch, 29; 9 Johns. 21. See supra. And

quash ; 3 Bla. Com. 168.
the subject must be transferred free of incum-

In Chancery Practice. A suspension of
brance except expense for salvage; 1 Gray, all proceedings in a suit, from the want of
154; 5 Cow. 63. See Total Loss.
It implies some act of relinquishment done by that in the latter the action is entirely dead and
Of Rights. The relinquishment of a right. proper parties capable of proceeding therein.

It differs from an abatement at law in this :
the owner without regard to any future pos- cannot be revived; but in the former the right
session by himself, or by any other person, to proceed is merely suspended, and may be re-
but with an intention to abandon; 14 M. & vived by a supplemental bill in the nature of a
W. 789; 9 Metc. 395. Mere non-user does bill of revivor; 3 Bla. Com. 301 ; 21 N. H. 246 ;
not necessarily or usually constitute an aban- Story, Eq. Pl. $ 20 n, $ 354; Adams, Eq. 403 ;
donment; 10 Pick. 310; 23 id. 141 ; 3 Strobh. Mitford, Eq. Pl., by Jeremy, 57; Edwards, Re-

ceiv. 19.
224; 5 Rich. 405; 16 Barb. 150; 24 id. 44;
see Tudor, Lead. Cas. 130; 2 Washb. R. P. Generally speaking, if any property or right
83-85.

in litigation is transmitted to another, he is
Abandonment is properly confined to in- entitled to continue the suit, or at least have
corporeal hereditaments, as legal rights once the benefit of it, if he be plaintiff'; Edwards,
vested must be divested according to law, Receiv. 19; 9 Paige, Ch. 410; or it may be
though equitable rights may be abandoned ; continued against him, or at least perfected,
2 Wash. C. C. 106; 25 Penn. St. 259; 32 if he be defendant; Story, Eq. Pl. SS 332,
id. 401; 15 N. H. 412; see 1 Hen. & M. 442; 7 Paige, Ch. 290. See PARTIES.
429; and an abandonment combined with Death of a trustee does not abate a suit,
sufficiently long possession by another party but it must be suspended till a new one is ap-
destroys the right of the original owner; 10 pointed ; 5 Gray, 162.
Watts, 192; 2 Mete. Mass. 32; 6 id. 337; There are some cases, however, in which
31 Me. 381; see also 8 Wend. 480; 16 id a court of equity will entertain applications,
545; 3 Ohio, 107; 3 Penn. St. 141; 2 Washb. notwithstanding the suit is suspended: thus,
R. P. 453-458.

proceedings may

be had to preserve property
There may be an abandonment of an ease in dispute; 2 Paige, Ch. 368; to pay money
ment; 5 Gray, 409 ; 9 Metc. 395; 6 Conn. out of court where the right is clear; 6 Ves.
289; 10 Humphr. 165; 16 Wend. 531; 16/ 250; or upon consent of parties ; 2 Ves. 399 ;
Barb. 184; 3 B. & C. 332; of a mill site; 17 to punish a party for breach of an injunction;
Mass. 297, 23 Pick. 216; 34 Me. 394; 4 4 Paige, Ch. 163; to enroll a decree; 2 Dick.
M'Cord, 96; 7 Bingh. 682; an application 612; or to make an order for the delivery of
for land; 2 S. & R. 378; 5 id. 215; of an deeds and writings; 1 Ves. 185.

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