A. The first letter of the alphabet.

It is used to distinguish the first page of a folio, the second being marked "b," thus: Coke, Litt. 114 a, 114 b. It is also used as an abbreviation for many words of which it is the initial letter. See ABBREVIATIONS.

In Latin phrases it is a preposition, denoting from, by, in, on, of, at, and is of common use as a part of a title.

In French phrases it is also a preposition, denoting of, at, to, for, in, with.

Among the Romans this letter was used in criminal trials. The judges were furnished with small tables covered with wax, and each one inscribed on it the initial letter of his vote: A (absolvo) when he voted to acquit the accused; C (condemno) when he was for condemnation; and NL (non liquet), when the matter did not appear clearly, and he desired a new argument.

The letter A (i. e. antiquo, "for the old law") was inscribed upon Roman ballots under the Lex Tabellaria, to indicate a negative vote; Tayl. Civ. Law, 191, 192.

A CONSILIIS (Lat. consilium, advice). A counsellor. The term is used in the civil law by some writers instead of a responsis. Spelm. Gloss. Apocrisarius.

than a dissolution of the marriage. This species of divorce is practically abolished in Massachusetts, by statute 1870, c. 404. See 2 Bish. M. & D. § 743 a; 1 id. §§ 29, 39, 705. See DIVORCE.

A PRENDRE (Fr. to take, to seize). Rightfully taken from the soil; 5 Ad. & É. 764; 1 N. & P. 172; 4 Pick. 145.

Used in the phrase profit à prendre, which differs from a right of way or other easement which confers no interest in the land itself; 5 B. & C. 221; 2 Washb. R. P. 25.

A QUO (Lat.). From which.

has been removed. A court a quo is a court from which a cause The judge a quo is the judge in such court; 6 Mart. La. 520. Its correlative is ad quem.

A RENDRE (Fr. to render, to yield). Which are to be paid or yielded. Profits à rendre comprehend rents and services; Hammond, Nisi P. 192.

A RETRO (Lat.). In arrear.

Apostolic; having full powers to represent the Pope as if he were present. Du Cange, Legati a latere; 4 Bla. Com. 306.

A ME (Lat. ego, 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. Calvinus, Lex.

To pay a me, is to pay from my money. A MENSA ET THORO (Lat. from table and bed, but more commonly translated, from bed and board). A kind of divorce, which is rather a separation of the parties by law, VOL. I.-2

A VINCULO MATRIMONII (Lat. from the bond of matrimony). A kind of divorce which effects a complete destruction of the marriage contract. See DIVORCE.

AB ACTIS (Lat. actus, an act). A notary; one who takes down words as they are spoken. Du Cange, Acta; Spelm. Gloss. Cancellarius.

A reporter who took down the decisions or acta of the court as they were given.

AB ANTE (Lat. ante, before). In ad

case.

AB INITIO (Lat. initium, beginning). From the beginning; entirely; as to all the acts done; in the inception.

An estate may be said to be good, an agreement to be void, an act to be unlawful, a trespass to have existed, ab initio; Plowd. 6 a; 11 East, 395; 10 Johns. 253, 369; 1 Bla. Com. 440. See Adams, Eq. 186. See TRESPASS; TRESPASSER. Before. Contrasted in this sense with ex post facto, 2 Bla. Com. 308, or with postea, Calvinus, Lex., Initium.

The effect of such abandonment is to release the owner from any further responsibility. The privilege in case of contracts is limited to those of a maritime nature; Po

thier, Chart. Part. sec. 2, art. 2, § 51; Code de Commerce, lib. 2, tit. 2, art. 216. Similar provisions exist in England and the United States to some extent; 1 Parsons, Mar. Law, 395-405; 5 Sto. 465; 16 Bost. Law Rep. 686; 5 Mich. 368. See ABANDONMENT FOR TORTS.

By Husband or Wife. The act of a husband or wife who leaves his or her consort wilfully, and with an intention of causing perpetual separation. See DESERTION.

AB INTESTATO (Lat. testatus, having made a will). From an intestate. Used both in the common and civil law to denote an inheritance derived from an ancestor who died without making a will; 2 Bla. Com. 490; Story, Confl. L. 480.

AB INVITO (Lat. invitum). Unwillingly. See INVITUM.

AB IRATO (Lat. iratus, an angry man). 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 irato. A suit to set aside such a will is called an action ab irato; Merlin, Repert. Ab irato.

ABACTOR (Lat. ab and agere, to lead away). One who stole cattle in numbers. Jacob, Law Dict. One who stole one horse, two mares, two oxen, two she-goats, or five rams. Abigeus was the term more commonly

used to denote such an offender.

ABADENGO. Spanish Law. Lands, town, and villages belonging to an abbot and under his jurisdiction. All lands belonging to ecclesiastical corporations, and as such exempt from taxation; Escriche, Dicc. Raz.

Lands of this kind were usually held in mortmain, and hence a law was enacted declaring that no land liable to taxation could be given to ecclesiastical institutions (“ningun Realengo non pase a abadengo"), which is repeatedly insisted

on.

ABALIENATIO (Lat. alienatio). The most complete method used among the Romans of transferring lands. It could take place only between Roman citizens. Calvinus, Lex., Abalienatio; Burr. Law Dic.

ABAMITA (Lat.). The sister of a greatgreat-grandfather; Calvinus, Lex.

ABANDONMENT. The relinquishment or surrender of rights or property by one person to another.

In Civil Law. The act by which a debtor surrenders his property for the benefit of his creditors; Merlin, Repert.

In Maritime Law. The act by which the

sured subject, or the proceeds of it, or claims arising from it, so far as the subject is insured by the policy.

The term is used only 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; 2 Phillips, Ins. S$ 1490, 1514, 1515; 3 Kent, 265; 16 Ohio

St. 200.

The object of abandonment being to recover the whole value of the subject of the insurance, it can occur only where the subject itself, or remains of it, or claims on account of it, survive the peril which is the occasion

of the loss.

1667.

2 Phillips, Ins. §§ 1507, 1516; 36 Eng. L. & Eq. 198; 3 Kent, 321; 3 Bing. Ñ. C. 266. In such case the assured must elect, immediately on receiving intelligence of a loss, whether to abandon, and not delay for the purpose of speculating on the state of the markets; 2 Phillips, Ins. He may have a reasonable time to inspect the cargo, but for no other purpose; 3 Kent, 320. He must give notice promptly to the insurer of his intention; five days held too late; 5 M. & S. 47; see L. R. 5 C. P. 341. In America, it appears that the right of abandonment is to be judged by the facts of each particular case as they existed at the time of abandonment; 3 Mas. 27; 2 Phillips, Ins. § 1536; 12 Pet. 378. In England, the abandonment be affected by subsequent occurrences, and the facts at the time of action brought determine the right to recover; 4 M. & S. 394; 2 Burr. 1198. But this rule has been doubted in England; 2 Dow, 474; 3 Kent, 324.

may

By the doctrine of constructive total loss, a loss of over one-half of the property insured, or damage to the extent of over one-half its value, by a peril insured against, may be turned into a total loss by abandonment; 2 Pars. Mar. Ins. 126; 20 Wend. 287; 3 Johns. Cas. 182; 1 Gray, 154; 3 Mass. 27. This does not appear to be the English rule; 9 C. B. 94; 1 H. of L. 513. See 4 Am. L. Reg. 481; 1 Gray, 371.

Com. 301; 1 Chitty, Pl. 6th Lond. ed. 446; Gould, Pl. eh. 5, 65.

19.

All declinatory and dilatory pleas in equity are said to be pleas in abatement, or in the nature thereof; see Story, Eq. Pl. § 708; Beames, Eq. Pl. 55-57; Cooper, Eq. Pl. 236. And such pleas must be pleaded before a plea in bar, if at all; Story, Eq. Pl. § 708; see 7 Johns. Ch. 214; 20 Ga. 379. See PLEA In Contracts. A reduction made by the creditor, for the prompt payment of a debt due by the payer or debtor; Weskett, Ins. 7. Of Freehold. The unlawful entry upon and keeping possession of an estate by a stranger, after the death of the ancestor and before the heir or devisee takes possession. It is a species of ouster by intervention between the ancestor or devisor and the heir or devisee, thus defeating the rightful possession of the latter; 3 Bla. Com. 167; Coke, Litt. 277 a; Finch, Law, 195; Cruise, Dig. B, 1, 60.

By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the death of the actual possessor, before the heir entered; Howard, Anciennes Lois des Français, tome 1, P. 539.

Of Legacies. The reduction of a legacy, general or specific, on account of the insufficiency of the estate of the testator to pay his debts and legacies.

When the estate of a testator is insufficient to pay both debts and legacies, it is the rule that the general legacies must abate proportionally to an amount sufficient to pay the debts.

If the general legacies are exhausted before the debts are paid, then, and not till then, the specific legacies abate, and proportionally; 2 Bla. Com. 513 and note; Bacon, Abr. Leg. H; Roper, Leg. 253, 284; 2 Brown, Ch. 19; 2 P. Wms. 283.

In Revenue Law. The deduction from, or the refunding of, duties sometimes made at the custom house, on account of damages received by goods during importation or while in store. See Act of Congress, Mar. 2, 1799, § 52; 1 Story, U. S. Laws, 617; Andrews, Rev. Laws, §§ 113, 162.

Of Nuisances. The removal of a nuisance; 3 Bla. Com. 5. See NUISANCE.

In Pleading at Law. The overthrow of an action caused by the defendant pleading some matter of fact tending to impeach the correctness of the writ or declaration, which defeats the action for the present, but does not debar the plaintiff from recommencing it in a better way; Stephen, Pl. 47; 3 Bla.

AS TO THE PERSON OF THE PLAINTIFF and DefendaNT. It may be pleaded, as to the plaintiff, that there never was such a person in rerum natura; 1 Chitty, Pl. (6th Lond. ed.) 448; 6 Pick. 370; 5 Watts, 423; 19 Johns. 308; 14 Ark. 27; 5 Vt. 93 (except in ejectment; 19 Johns. 308); and by one of two or more defendants as to one or more of his co-defendants; Archbold, Civ. Pl. 312. That one of the plaintiffs is a fictitious person, to defeat the action as to all; Comyn, Dig. Abt. E, 16; 1 Chitty, Pl. 448; Archbold, Civ. Pl. 304. This would also be a good plea in bar; 1 B. & P. 44. That the nominal plaintiff in the action of ejectment is fictitious, is not pleadable in any manner; 4 M. & S. 301; 19 Johns. 169. Å defendant cannot plead matter which affects his co-defendant alone; 40 Me. 336; 4 Zabr. 333; 14 N. H. 243; 21 Wend. 457.

Certain legal disabilities are pleadable in abatement, such as outlawry; Bacon, Abr. Abt. B: Coke, Litt. 128 a; attainder of treason or felony; 3 Bla. Com. 301; Comyn, Dig. Abt. E, 3; also præmunire and excommunication; 3 Bla.Com. 301; Comyn, Dig. Abt. E, 5. The law in reference to these disabilities can be of no practical importance in the United States; Gould, Pl. ch. 5, § 32.

Alienage. That the plaintiff is an alien friend is pleadable only in some cases, where, for instance, he sues for property which he is incapacitated from holding or acquiring; Coke, Litt. 129 b; Busb. 250. By the common law, although he could not inherit, yet he might acquire by purchase, and hold as against all but the sovereign. Accordingly he has been allowed in this country to sue upon a title by grant or devise; 1 Mass. 256; 7 Cranch, 603; but see 6 Cal. 250; 26 Mo. 426. The early English authority upon this point was otherwise; Bacon, Abr. Abt. B, 3, Aliens D; Coke, Litt. 129 b. He is in general able to maintain all actions relating to personal chattels or personal injuries; 3 Bla. Com. 384; Cowp. 161; Bacon, Abr. Aliens D; 2 Kent, 34; Coke, Litt. 129 b. But an alien enemy can maintain no action except by license or permission of the government; Bacon, Abr. Abt. B, 3, Aliens D; 1 Salk. 46; 1 Ld. Raym. 282; 2 Strange, 1082; 4 East, 502; 6 Term, 23, 49; 8 id. 166; 6 Binn. 241; 9 Mass. 363, 377; 11 id. 119; 12 id. 8; 3 M. & S. 533; 2 Johns. Ch. 508; 15 East, 260; 1 S. & R. 310; 1 Chitty, Pl. 434. This will be implied from the alien being suffered to remain, or to come to the country, after the commencement of hostilities without being

ABATEMENT

ordered away by the executive; 10 Johns. 69. See 28 Eng. L. & Eq. 219. The better opinion seems to be that an alien enemy cannot sue as administrator; Gould, Pl. ch. 5, § 44. Corporations. A plea in abatement is the proper manner of contesting the existence of an alleged corporation plaintiff; Wright, Ohio, 12; 6 Cush. 279; 3 Pick. 236; 1 Mass. 485; 1 Md. 502; 33 Penn. St. 356; 28 N. H. 93; 1 Pet. 450; 4 id. 501; 5 id. 231. To a suit brought in the name of the "Judges of the County Court," after such court has been abolished, the defendant may plead in abatement that there are no such judges; 2 Bay, So. C. 519.

Coverture of the plaintiff is pleadable in abatement; Comyn, Dig. Abt. E, 6; Bacon, Abr. Abt. G; Coke, Litt. 132; 3 Term, 631; 1 Chitty, Pl. 439; Gray, 338; though occurring after suit brought; 3 Bla. Com. 316; Bacon, Abr. Abt. 9; 4 S. & R. 238; 17 Mass. 342; 7 Gray, 338; 6 Term, 265; 4 East, 502; and see 1 E. D. Smith, 273; but not after plea in bar, unless the marriage arose after the plea in bar; 15 Conn. 569; but in that case the defendant must not suffer a continuance to intervene between the happening of this new matter, or its coming to his knowledge, and his pleading it; 4 S. & R. 238; 1 Bailey, 369; 2 id. 349; 2 Wheat. 111; 14 Mass. 295; 1 Blackf. Ind. 288; 10 S. & R. 208; 7 Vt. 508; 4 id. 545; 1 Yeates, 185; 2 Dall. 184; 3 Bibb, 246. And it cannot be otherwise objected to if she sues for a cause of action that would survive to her on the death of her husband; 12 M. & W. 97; 3 C. B. 153; 10 S. & R. 208. Where she sues, not having any interest, the defence is one of substance, and may be pleaded in bar, by demurrer, or on the general issue; 4 Term, 361; 1 Salk. 114; 1 H. Bla. 108; Cro. Jac. 644, whether she sues jointly or alone. So also where coverture avoids the contract or instrument, it is matter in bar; 14 S. & R.

Where a feme covert is sued without her husband for a cause of action that would survive against her, as upon a contract made before, or a tort committed after, marriage, the coverture is pleadable in abatement; 1 Sid. 109; 3 Term, 629; and not otherwise; 9 M. & W. 299; Comyn, Dig. Abt. F, 2. If the marriage takes place pending the action, it cannot be pleaded; 2 Ld. Raym. 1525; 5 Me. 445; 2 M'Cord, 469. It must be pleaded by the feme in person; 2 Saund. 209 6. Any thing which suspends the coverture suspends also the right to plead it; Comyn, Dig. Abt. F, 2, § 3; Coke, Litt. 132 b; 2 W. Bla. 1197; 1 B. & P. 358, n. (f); 4 Esp. 27, 28; 15 Mass. 31; 6 Pick. 29.

Abt. H, 32, 33; 4 Hen. & M. 410; 3 Mass. 296; 2 Root, 57; 9 Mass. 422; 2 Rand. Va. 454; 2 Me. 127. Otherwise now by statute, in most cases, in most if not all the States of the United States, and in England since 1852. The personal representatives are usually authorized to act in such cases. If the cause of action is such that the right dies with the person, the suit still abates. By statute 8 & 9 Wm. IV., ch. 2, sect. 7, which is understood to enact the common law rule, where the form of action is such that the death of one of several plaintiffs will not change the plea; the action does not abate by the death of any of the plaintiffs pending the suit. The death of the lessor in ejectment never abates the suit; 8 Johns. 495; 23 Ala. N. s. 193; 13 Ired. 43, 489; 1 Blatchf. 393.

The death of sole defendant pending an action abates it; Bacon, Abr. Abt. F; Comyn, Dig. Abt. H, 32; Hayw. 500; 2 Binn. 1; Gilm. 145; 4 M'Cord, 160; 7 Wheat. 530; 1 Watts, 229; 4 Mass. 480; 8 Me. 128; 11 Ga. 151. But where one of several co-defendants dies pending the action, his death is in general no cause of abatement, even by common law; Hargrave, 113, 151; Croke, Car. 426; Bacon, Abr. Abt. F; Gould, Pl. ch. 5, § 93. If the cause of action is such as would survive against the survivor or survivors, the plaintiff may proceed by suggesting the death upon the record; 24 Miss. 192; Gould, Pl. ch. 5, § 93. The inconvenience of abatement by death of parties was remedied by 17 Car. II. ch. 8, and 8 & 9 Wm. III., ch. 2, ss. 6, 7. In the United States, on the death of a sole defendant, his personal representatives may be substituted if the action could have been originally prosecuted against them; Gould, Pl. ch. 5, § 95. The right of action against a tort-feasor dies with him; and such death should be pleaded in abatement; 3 Cal. 370. Many exceptions to this rule exist by statute.

Infancy is pleadable in abatement to the person of the plaintiff, unless the infant appear by guardian or prochein ami; Coke, Litt. 1356; 2 Saund. 117; 3 Bla. Com. 301; Bacon, Abr. Infancy, K, 2; 7 Johns. 379; 2 Conn. 357; 3 E. D. Smith, 596; 1 Speers, 212; 7 Johns. 373; Pick. 552. He cannot appear by attorney, since he cannot make a power of attorney; 1 Chitty, Pl. 436; Archbold, Civ. Pl. 301; 3 Saund. 212; 3 N. H. 345; 8 Pick. 552; 7 Mass. 241; 4 Halst. 381; 2 N. H. 487; 7 Johns. 373. Where an infant sues as co-executor with an adult, both may appear by attorney, for, the suit being brought in autre droit, the personal rights of the infant are not affected, and therefore the adult is permitted to appoint an attorney for both; 3 Saund. 212;

Rolle, Abr. 288; Cro. Eliz. 542; 2 Strange, 784. At common law, judgment obtained for or against an infant plaintiff who appears by attorney, no plea being interposed, may be reversed by writ of error; 1 Rolle, Abr. 287; 3 Saund. 212; Cro. Jac. 441.