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

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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 nuisance.

ABATUDA. Anything diminished. Moneta abatuda is money clipped or diminished in value. Cowell; Dufresne.

ABAVIA. Lat. In the civil law. A great-great-grandmother. Inst. 3, 6, 4; Dig. 38, 10, 1, 6; Bract. fol. 68b.

ABAVITA. A great-great-grandfather's sister. Bract. fol. 68b. This is a misprint for abamita, (q. v.) Burrill.

ABAVUNCULUS. Lat. In the civil law. A great—great-grandmother‘s brother, (abaviæ frater.) Inst. 3, 6, 8; Dig. 38, 10, 3. Called avunculus 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-grandfather. Inst. 3, 6, 4; Dig. 38, 10, 1, 6; Biact. fol. 67a.

ABBACY. The government of a religious house, and the revenues thereof, subject to an abbot, as a bishopric is to a bishop. Cowell. 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.

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 debt; and the abbreviate 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.) 410.

ABBREVIATIONS. Shortened conventional expressions, employed as substitutes for names, phrases, dates, and the like, for the saving of space, of time in transcribing, etc. Abbott.

For Table of Abbreviations, see Appendix, post, page 1239.

Abbreviationum ille numerus et sensus accipiendus est, ut concessio non sit inanis. In abbreviations, such number and sense is to be taken that the grant be not made void. 9 Coke, 48.

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.

ABBROCHMENT, or ABBROACHMENT. The act of forestalling a market, by buying up at wholesale the merchandise intended to be sold there, for the purpose of selling it at retail. See FORESTALLING.

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

Also, where a magistrate or person in office voluntarily renounces 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 office from another and restores it into his hands, as an inferior into the hands of a superior; abdication is the relinquishment of an office which has devolved by ac of law. It is said to be a renunciation, quitting, and relinquishing, so as to have nothing further to do with a thing, or the doing of such actions as are inconsistent with the holding of it. Chambers.

ABDUCTION. In criminal 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, 122 Cal. 253, 54 Pac. 847; State v. George, 93 N. C. 567: State v. Chisenhall, 106 N. C. 676, 11 S. E. 518; People v. Seeley, 37 Hun (N. Y.) 190.

The unlawful taking or detention of any female for the purpose of marriage, concubinage, or prostitution. People v. Crotty, 55 Hun (N. Y.) 611, 9 N. Y. Supp. 937.

By statute in some states, abduction includes the withdrawal of a husband from his wife, as where another woman alienates his affection and entices him away and causes him to abandon his wife. King v. Hanson, 13 N. D. 85, 99 N. W. 1085.

ABEARANCE. Behavior; as a recognizance to be of good abearance signifies to be of good behavior. 4 Bl. Comm. 251, 256.

ABEREMURDER. (From Sax, abere, apparent, notorious; and mord, murder.) Plain or downright murder, as distinguished from the less heinous crime of manslaughter, or chance medley. It was declared a capital offense, without fine or commutation, by the laws of Canute, c. 93, and of Hen. I. c. 13. Spelman.

ABESSE. Lat. In the civil law. To be absent; to be away from a place. Said of a person who was extra continentia urbis, (beyond the suburbs of the city.)

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

"Aid" and "abet" are nearly synonymous

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