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ABBREVIATORS.

Eccl. law. Officers whose duty it is to assist in drawing up the Pope's briefs, and reducing petitions into proper form, to be converted into Papal Bulls. ABBROCHMENT. Old Eng. law. The forestalling of a market or fair.

ABBUTTALS. See ABUTTALS.

ABDICATION. A simple renunciation of an office; generally understood of a supreme office.

James II. of England, Charles V. of Germany, and Christiana, Queen of Sweden, are said to have abdicated. When James II. of England left the kingdom, the Commons voted that he had abdicated the government, and that thereby the throne had become vacant. The House of Lords preferred the word deserted; but the Commons thought it not comprehensive enough, for then the king might have the liberty of returning.

ABDUCTION. Forcibly taking away a man's wife, his child, or his maid; 3 Bla. Com. 139-141.

The unlawful taking or detention of any female for purposes of marriage, concubinage, or prostitution; 4 Steph. Com. 84.

The remedy for taking away a man's wife was by a suit by the husband for damages, and the offender was also answerable to the king. 3 Bla. Com. 139.

If the original removal was without consent, subsequent assent to the marriage does not change the nature of the act.

It is stated to be the better opinion, that if a man marries a woman under age, without the consent of her father or guardian, that act is not indictable at common law; but if children are taken from their parents or guardians, or others intrusted with the care of

them, by any sinister means, either by violence, deceit, conspiracy, or any corrupt or improper practices, as by intoxication, for the purpose of marrying them, though the parties themselves consent to the marriage, such criminal means will render the act an offence at common law; 1 East, Pl. Cr. 458; 1 Rus. Cr. 962; Rosc. Cr. Ev. 260.

ABEARANCE. Behavior; as a recognizance to be of good abearance, signifies to be of good behavior; 4 Bla. Com. 251, 256. ABEREMURDER. In old Eng. law. An apparent, plain, or downright murder. It was used to distinguish a wilful murder from

chance-medley, or manslaughter; Spelman; Cowel; Blount.

ABET. In crim. law. To encourage or set another on to commit a crime. This word is always applied to aiding the commission of a crime. To abet another to commit a murto commit it. Old Nat. Brev. 21; Coke, Litt. der, is to command, procure, or counsel him 475.

ABETTOR. An instigator, or setter on; one that promotes or procures the commission of a crime. Old Nat. Brev. 21.

The distinction between abettors and accessaries is the presence or absence at the commission of the crime; Cowel; Fleta, lib. 1, cap. 34. Presence and participation are necessary to constitute a person an abettor; 4 Sharsw. Bla. Com. 33; Russ. & R. 99; 9 Bingh. N. c. 440; 13 Mo. 382; 1 Wis. 159; 10 Pick. 477.

ABEYANCE (Fr. abbayer, to expect). In expectation, remembrance, and contemplation of law; the condition of a freehold when there is no person in being in whom it is vested.

In such cases the freehold has been said to be in nubibus (in the clouds), and in gremio legis (in the bosom of the law). It has been denied by some that there is such a thing as an estate in abeyance; Fearne, Cont. Rem. 513. See also the note to 2 Sharsw. Bla. Com. 107.

The law requires that the freehold should never, if possible, be in abeyance. Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance; 9 S. & R. 367; 3 Plowd. 29 a, b, 35 a; 1 Washb. R. P. 47.

A glebe, parsonage lands, may be in abey ance, in the United States. 9 Cranch, 47; 2 Mass. 500; 1 Washb. R. P. 48. So also may the franchise of a corporation. 4 Wheat. 691. So, too, personal property may be in abeyance or legal sequestration, as in case of a vessel captured at sea from its capture until it becomes invested with the character of a prize. 1 Kent, 102; 1 C. Rob. Adm. 139; 3 id. 97, n. See generally, also, 5 Mass. 555; 15 id. 464.

A son's son; a

ABIATICUS (Lat.). grandson in the male line. Spelman. Sometimes spelled Aviaticus. Du Cange, Avius.

ABIDING BY. In Scotch law. Α

judicial 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. Paterson, Comp. It has the effect of pledging the party to stand the consequences of founding on a forged deed. Bell, Dict.

ABIGEATORES. See ABIGEUS. ABIGEATUS. The offence of driving away and stealing cattle in numbers. ABIGEUS.

ABIGEI. See ABIGEUS.
ABIGERE. See ABIGEUS.

See

ABIGEUS

ABIGEUS. (Lat. abigere). One who steals cattle in numbers.

This is the common word used to denote a

stealer of cattle in large numbers, which latter circumstance distinguishes the abigeus from the fur, who was simply a thief. He who steals a single animal may be called fur; he who steals a flock or herd is an abigeus. The word is derived from abigere, to lead or drive away, and is the same in signification as Abactor (q. v.), Abigentores, Abigatores, Abigei. Du Cange; Guyot, Rép. Univ.; 4 Bia. Com. 239.

A distinction is also taken by some writers depending upon the place whence the cattle are taken; thus, one who takes cattle from a stable is called fur. Calvinus, Lex, Abigei.

ABJUDICATIO (Lat. abjudicare). A removal from court. Calvinus, Lex. It has the same signification as foris-judicatio both in the civil and canon law. Coke, Litt. 100 b. Calvinus, Lex.

ABJURATION (Lat. abjuratio, from abjurare, to forswear). A renunciation of allegiance, upon oath.

In Am. law. Every alien, upon application to become a citizen of the United States, must declare on oath or affirmation before the court where the application is made, amongst other things, that he doth absolutely and entirely renounce and abjure all allegiance and fidelity which he owes to any foreign prince, state, etc., and particularly, by name, the prince, state, etc., whereof he was before a citizen or subject. Rawle, Const. 93; 2 Story, U. S. Laws, 850.

In Eng. law. The oath by which any person holding office in England was formerly obliged to bind himself not to acknowledge any right in the Pretender to the throne of England; 1 Bla. Com. 368; 13 and 14 W. III. c. 6. Repealed by 30 and 31 Vic. c. 59. It also denotes an oath abjuring certain doctrines of the church of Rome.

In the ancient English law, it was a renunciation of one's country and taking an oath of perpetual banishment. A man who had committed a felony, and for safety fled to a sanctuary, might within forty days confess and take the oath of abjuration and perpetual banishment; he was then transported. This was abolished by stat. 21 Jac. I. c. 28. Ayliffe, Parerg. 14; Burr. L. Dic., Abjuration of the Realm; 4 Bla. Com. 332. But the doctrine of abjuration has been referred to, at least, in much later times; 4 Sharsw. Bla. Com. 56, 124, 332; 11 East, 301; 2 Kent, 156, n.; Termes de la Ley.

ABORTION

In the civil, French, and German law, abolition is used nearly synonymously with pardon, remission, grace. Dig. 39. 4. 3. 3. There is, however, this difference: grace is the generic term; pardon, according to those laws, is the clemency which the prince extends to a man who has participated in a crime, without being a principal or accomplice; remission is made in cases of involuntary homicides, and self-defence. Abolition is different: it is used when the crime cannot be remitted. The prince then may by letters of abolition remit the punishment, but the infamy remains, before sentence. Encycl. de D'Alembert.

unless letters of abolition have been obtained

If the collision happen in the open sea, and the damaged ship is insured, the insurer must pay the loss, but is entitled in the civil law, at least, to be subrogated to the rights of the insured against the party causing the damage. Ordonnance de la Marine de 1681, Art. 8; Jugements d'Oléron; Emer. Ins. c. 123, 14.

ABORTION. The expulsion of the fœtus has not acquired the power of sustaining an at a period of utero-gestation so early that it independent life.

sought either in the mother—as in a nervous, irritable temperament, disease, malformation of the pelvis, immoderate venereal indulgence, a habit of miscarriage, plethora, great debility; or in the fœtus or its dependencies; and this is usually disease existing in the ovum, in the membranes, the placenta, or the fœtus itself.

Its natural and innocent causes are to be

The criminal means of producing abortion are of two kinds. General, or those which seek to produce the expulsion through the constitution of the mother, which are venesection, emetics, cathartics, diuretics, emmenagogues, comprising mercury, savin, and the secale cornutum (spurred rye, ergot), to which much importance has been attached; or local or mechanical means, which consist either of external violence applied to the abdomen or loins, or of instruments introduced into the uterus for the purpose of rupturing the membranes and thus bringing on premature action of the womb. The latter is the more generally resorted to, as being the most effectual. These local or mechanical means not unfrequently produce the death of the mother, as well as that of the foetus.

ABLEGATI. Papal ambassadors of the second rank, who are sent with a less extensive commission to a court where there are

no nuncios. This title is equivalent to envoy,

which see.

ABNEPTIS (Lat.). A great-great-granddaughter. The granddaughter of a grandson or granddaughter. Calvinus, Lex.

ABOLITION (Lat. abolitio, from abolere, to utterly destroy). The extinguishment, abrogation, or annihilation of a thing.

which she is pregnant, by means of which an abortion is in fact caused, unless, at the time of the administration of such drug or the performance of such operation, such woman was quick with child; 9 Metc. 263; 11 Gray, 85; 2 Zabr. 52; 3 Clarke (Iowa), 274; 15 Iowa, 177; 49 N. Y. 86. A recent case in Kentucky citing all the earlier cases holds that

this is the rule at common law, and must prevail in the absence of statute; 10 Cent. L. J. 338. But in Pennsylvania a contrary doctrine has been held; 13 Penn. St. 631. Wharton supports the latter doctrine on principle. See, also, 116 Mass. 343.

The former English statutes on this subject, the 43 Geo. III. c. 58, and 9 Geo. IV. c. 51, § 14, distinguished between the case where the woman was quick and was not quick with child; and under both acts the woman must have been pregnant at the time. 1 Mood. Cr. Cas. 216; 3 C. & P. 605. The terms of the recent act (24 and 25 Vic. c. 100, s. 62) are, "with intent to procure the miscarriage of any woman whether she be with child or not." See 1 Den. Cr. Cas. 18; 2 C. & K. 293. When, in consequence of the means used to secure an abortion, the death of the woman ensues, the crime is murder. And if a person, intending to procure abortion, does an act which causes a child to be born so much earlier than the natural time that it is born in a state much less capable of living, and afterwards dies in consequence of its exposure to the external world, the person who by this misconduct so brings the child into the world, and puts it thereby in a situation in which it cannot live, is guilty of murder ; and the mere existence of a possibility that something might have been done to prevent the death will not render it less murder; 2 C. & K. 784.

A woman who takes a potion given to her to cause a miscarriage, is not an accomplice with the person administering it; 39 N. J.

L. 598.

Consult 1 Beck. Med. Jur. 288-331, 429435; Rosc. Cr. Ev. 190; 1 Russ. Cr. 3d Lond. ed. 671; 1 Briand, Méd. Leg. pt. 1, c. 4; Alison, Scotch Cr. Law, 628; 2 Whart. & Still. Med. Jur. § 84 et seq.; 2 Whart. Cr. L. § 1220 et seq.

ABORTIVE TRIAL. Used when a case has gone off, and no verdict has been pronounced without the fault, contrivance, or management of the parties." Jebb & B. 51.

ABORTUS. The fruit of an abortion; the child born before its time, incapable of life. See ABORTION; BIRTH; BREATH; DEAD-BORN; GESTATION; LIFE.

ABOUTISSEMENT (Fr.). An abuttal or abutment. See Guyot, Répert. Univ. Aboutissans.

of the demand and pray that the tenant answer to the rest. This was allowable generally in real actions where the writ was de libero tenemento, as assize, dower, etc., where the demandant claimed land of which the tenant was not seized. See 1 Wms. Saund. 207, n. 2; 2 id. 24, 330; Brooke, Abr. Abridgment; 1 Pet. 74; Stearns, Real Act. 204.

ABRIDGMENT. An epitome or compendium of another and larger work, wherein the principal ideas of the larger work are summarily contained.

Copyright law. When fairly made, it may justly be deemed, within the meaning of the law, a new work, the publication of which will not infringe the copyright of the work abridged. The abridgment must be something more than a mere copy of the whole or parts of the original. It must be the result of independent labor other than copying, and there must be substantial fruits of authorship on the part of the maker; Drone on Copyright, 158; 4 McLean, 306; 2 Am. L. T. R. U. S. 402. See 16 U. C. B. 409. For a discussion of this subject, in which it is maintained that an abridgment is piratical, see Drone, Copyright, p. 44. See, also, 5 Am. L. T. R. 158; L. R. 8 Exch. 1.

An injunction will be granted against a mere colorable abridgment. 2 Atk. 143; 1 Brown, Ch. 451; 5 Ves. 709; Lofft, 775; Ambl. 403; 1 Story, 11; 3 id. 6; 1 Y. & C. Ch. 298; 39 Leg. Obs. 346; 2 Kent, 382.

Abridgments of the law or digests of adjudged cases serve the very useful purpose of an index to the cases abridged; 5 Coke, 25. Lord Coke says they are most profitable to those who make them; Coke, Litt., in preface to the table at the end of the work. With few exceptions, they are not entitled to be considered authoritative. See 2 Wils. 1, 2; 1 Burr. 364; 1 W. Bla. 101; 3 Term, 64, 241; and an article in the North American Review, July, 1826, pp. 8-13, for an account of the principal abridgments, which was written by the late Justice Story, and is reprinted in his "Miscellaneous Writings," p. 79. Warren Law Stud. 778 et seq.

ABROGATION. The destruction of or

annulling a former law, by an act of the legislative power, or by usage.

ABRIDGE. In practice. To shorten a declaration or count by taking away or severing some of the substance of it; Brooke, Abr. Abridgment; Comyn, Dig. Abridgment; 1 Viner, Abr. 109.

To abridge a plaint is to strike out a part

aboletur (when any part of it is abolished); subis added to it); abrogatur denique, quoties alirogatur dum aliquid ei adjicitur (when any thing quid in eâ mutatur (as often as any thing in it is changed). Dupin, Proleg. Jur. art. iv.

Express abrogation is that literally pronounced by the new law either in general terms, as when a final clause abrogates or repeals all laws contrary to the provisions of the new one, or in particular terms, as when it