Page:Black's Law Dictionary (Second Edition).djvu/14

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
ABATUDA 6 ABET  

the Latter can enter, after the ancestor's death. Litt. § 397. In the law of torts, one who abates, prostrates, or destroys a nuisauce.

ABATUDA. Anything diminished. Monetu abut-urla is money clipped or diminished in value. Cowell; Dufresne.

ABAVIA. Lat. In the civil law. A great-great-grandmother. Inst. 3, 6, 4; Dig. 33, 10. 1, 6; Bract. fol. 68b.

ABAVITA. A great-great-grandfather's sister. Bract. fol. G81). This is a misprint for abaniita, (q. v.) Burrill.

ABAVUNCULUS. Lat. In the civil law. A great—great-grandmother‘s brother, (abaviæ fruter.) Inst. 3, G, 6; Dig. 38, 10, 3. called avanculus maximus. Id. 38, 10, 10, 17. Called by Bracton and Fleta abavunculus magnus. Bract. fol. 68b; Fleta, lib. 6. C. 2, § 19.

ABAVUS. Lat. In the civil law. A great-great-grandI'ather. inst. 3, 6, 4; Dig. 38, 10, 1, , Biact. fol. 6711.

ABBACY. The government of a religious house, and the revenues thereof, subject to an abbot, as a bishopric is to a bishop. Cow- ell. The rights and privileges of an abbot.

ABBEY. A society of religious persons, having an abbot or abbess to preside over them.

ABBOT. The spiritual superior or governor of an abbey or monastery. Feminine, Abbess.

{{anchor+|.|ABBREVIATE OF ADJUDICATION. In Scotch law. An abstract of the decree of adjudication, and of the lands adjudged, with the amount of the debt. Adjudication is that diligence (execution) of the law by which the real estate of a debtor is adjudged to belong to his creditor in payment of a deht; and the abhieviate must be recorded in the register of adjudications.

ABBREVIATIO PLACITORUM. An abstract of ancient judicial records. prior to the Year Books. See Steph. Pl. (7th Ed.) -110.

ABBREVIATIONS. Shortened conventional eXili'eSSi01lS, employed as substitutes for names. phrases, data, and the like, for the saving of space, of time in transcribing, etc. Abbott.

For Table of Abbreviations, see Appendix, post. page 12%.

Ahbreviationum ills numerns et sensno aocipiendus est, ut conoessio non sit inanis. In abbreviations, such number and sense is to be taken that the grant be not made void. 9 Coke, 43.

ABBREVIATORS. In ecclesiastical 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. Bouvier.

{{anchor+|.|ABBROCI-IMENT, or ABBROACIL MENT. The act of forestalling a market, hy buying up at wholesale the merchandise intended to be sold there, for the purpose of selling it at retail. See FOBESTALLING.

{{anchor+|.|ABDICATION. The act of a sovereign in renouncing and relinquishing his government or throne, so that eitha the throne is left entirely vacant, or is filled by a successor appointed or elected beforehand

Also, where a iaagistrate or person in nflice voluntarily renounccs or gives it up before the time of service has expired.

_ It differs from resignation. in that resignation is made by one who has received his oliirc from another and re-swics it into his hands, as an inferior into the hands of B. superior; abdication is the raiinqnishment of an office which has dcvoired by not of law. It is said to he a renunciation, quitting, nnrl relinquishing, so as to have nothing further to do uilh a thing, or thc_ doing of sucii actions as are icnonsistent vrith the holding of it. Chambers.

{{anchor+|.|ABDUCTION. In ci‘iJ1il.n:|l law. The offense of taking away a man's wife, child. or ward, by fraud and persuasion, or open violence. 3 Bl. Comm. 139-141; Humphrey v. Pope. 22 Cal. 233, 54 I‘-ic. 847: State v. George, 03 N. C. 567: State v. Chiseniiall, 106 N. C. 070, 11 S. E. 518; People v. Seeiey, 37 Hun (N. Y.) 190.

The unlawful taking or detention of any female for the puipose of marriage. concu- biunge, or prosfitution. People v. Crotty, 55 Hun (N. Y.) G11, 9 N. Y. Supp. 937.

By statute in some states, abduction icnludes the withdrawal of a husband from his wife, as where another woman aiienates his aflection and entices him away and causes him to aiiandnn his wife. King v. Hanson, 13 N. D. 85, 95) N. W. 1085.

ABEARANCE. Behavior; as a recognizance to be of good abearance signifies to he of good behavior. 4 Bl. Comm. 251, 236.

ABEREMURDER. (From Sax, abere, apparent, notorious; and moral. murder.) Plain or downright murder, as distlugiiishcd from the less heinous crime of manslaughter, or chance medley. It was declared a capital offense, wlthont fine or commutation, by the laws of Cauute, c. 93, and of Hen. I. c. 13. Speiinan.

ABESSE. Lat. In the civil law. To be absent: to be away from a place. Said of a peison who was ea-tra continentia urms_ (beyond the suburbs of the city.)

ABET. In criminal law. To encourage, incite, or set another on to commit a crime. Seo Anerroa.

“Ald" and “'ibet" are nearly synonymous

terms as generally used; but, strictly speaking, the former term does not imply guilty