Page:Black's Law Dictionary (Second Edition).djvu/11

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A TEMPORE 3 ABALIENATIO  

when there were grades in the remedies given; the rule being that a party who brought a writ of right, which was the highest writ in the law, could not afterwards resort or descend to an inferior remedy. Bract. 112b; 3 Bl. Comm. 193, 194.

A TEMPORE CUJUS CONTRARII MEMORIA NON EXISTET. From time of which memory to the contrary does not exist.

A verbis legia non est recedendum. From the words of the law there must be no departure. 5 Coke, I19; 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. 208.

A VINCULO MATRIMONII. (Lat. from the bond of matrimony.) A term descriptive of a kind of divorce, which effects a complete dissolution of the marriage contract See Divorce.

Ab abusu ad usum non valet consequentia. A conclusion as to the use of a thing from its abuse is invaled. Broom, Max. 17.

AB ACTIS. Lat. An officer having charge of acta, public records, registers, journals, or minutes; an officer who entered on record the ucta or proceedings of a court; a clerk of court; a notary or actuary. Calvin. Lex. Jurid. See "now." This, and the similarly formed epithets à cancellis, à secretis, à libelus, were also anciently the titles of a chancellor, (cancellarius.) in the early history of that office. Spelman, “Cancellarius."

AB AGENDO. Disabled from acting; unable to act; incapacitated for business or transactions of any kind.

AB ANTE. In advance. Thus, a legislature cannot agree ab ante to any modification or amendment to a law which a third person may make. Allen v. McLean. 1 Sumn. 308. Fed. Cas. No. E9.

AB ANTECEDENTE. Beforehand, in advance.

AB ANTIQUO. Of old; of an ancient date.

Ab assnetis non fit injuria. 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.

AB EPISTOLIS. Lat. An officer having charge of the correspondence (cpistola) of his superior or sovereign; a secretary. Calvin.; Spiegelius.

AB EXTRA. (Lat. extra, beyond, without.) From without. Lunt v. Holland. 14 Mass. 151.

AB INCONVENIEINTI. From hardship, or inconvenience. An argument founded upon the hardship of the case, and the inconvenience or disastrous consequences to which a different course of reasoning would lead.

AB INITIO. Lat. From the beginning; from the first act. A party is said to be a trespasser ab initio, an estate to be good ab initio, an agreement or deed to be void ab initio, a marriage to be unlawful ab initio, and the like. Plow. 611, 16a; 1 Bl. Comm. 440.

AB INITIO MUNDI. Lat. From the beginning of the world. Ab initio mundi usque ad hodiernum diem, from the beginning of the world to this day. Y. B. M. 1 Edw. III. 24.

AB INTESTATO. Lat. In the civil law. From an intestate; from the intestate; in case of intestacy. Hæreditas ab intestato, an inheritance derived from an intestate. Inst. 2, 9, 6. Successio ab intestato, 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 common law. 2 Bl. Comm. 490. 510; Story, Confl. Laws, § 480. "Held ab intestato.” 1 Burr. 420. The phrase “ab intestato” is generally used as the opposite or alternative of ex testamento, (from, by, or under a will.) Vet ex testamento, vel ab intestato [hæreditas] pertinent,—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 unwilling party. A transfer ab invito is a compulsory 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 irato. A suit to set aside such a will is called an action ab irato. Meri. Repert. “Ab irato."

ABACTOR. In Roman law. A cattle thief. Also called abigeus, q. v.

ABADENGO. In Spanish law. Land owned by an ecclesiastical corporation, and therefore exempt from taxation. In particular, lands or towns under the dominion and jurisdiction of an abbot.

ABALIENATIO. In Roman law. The perfect conveyance or transfer of property from one Roman citizen to another. This term gave place to the simple alienatio, which is used in the Digest and Institutes, as well