Page:Black's Law Dictionary (Second Edition).djvu/15

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ABETTATOR 7 ABISHERING  

knowledge or felonious intent, whereas the word “abet" includes knowledge of the wrongful purpose and counssi and encouragement in the commission of the crime. People v. Dole, 122 Cal. -186, 55 Pac. 581. 68 Am. St. Rep. 50: People v. Morine. 138 Cal. 026, 72 Pac. 106: State v. Em cy. 79 Iowa, 4150. -14- N. W. 707: Raiford v. ilate, 59 Ain. 106; White V. People. 81 Ill. 333.

ABETTATOR. L. Lat In old English law. An abettor. Fleta, lib. 2, c. 65, § 7. See Abettir.

ABETTOR. In criminal law. An instlgator, or setter on; one who promotes or procures a crime to be committed; one who commands, advises, instigates, or encourages another to commit a crime; a person who, iieing present or in the neighborhood, incites another to commit a crime, and thus becomes a pi-inc-ipal.

The distinction between abettors and accessaries is the presence or absence at the commission of the crime. Cowell: Fieta. iih. 1. c. 34. Presence and participation are nec- essary to constitute a person an abettor. Green v. State, 13 Mo. 3532; State v. Teahau, 50 Conn. 92; Connanghty v. State, 1 Wis. 15!). 60 Am. Dec. 370.

ABEYANCE. In the law of estates. Expmtatinn; waiting; suspense: remenilirzince and contemplation in law. “here there is no person in existence in wiiom an inherit- ance can vest, it is said to be in ab;-_1/once, that is, in expectation; the law considering it as alwavs potentially existing, and ready to vest whenever a proper owner appears. 2 Bl. Comm. 107. Or, in other words, it is said to be in the remembrance, consideration, and inteiidment of the law. Co. Litt. §§ G46, I350. The term “ahey:iuce" is also sometimes applied to personal property. Thus, in the case of maritime captures during war, it is said that, nntii the capture becomes invested with the character of prize by a sentence of condemnation, the right of property is in iibcmmce, or in a state of legal sequestration. i Kent, Comm. 102. It has also been applied to the franchises of a corporation. “When a corporation is to be brought into existence by some future acts of the corporators, the tracnhises remain in abeyanoc, untii snch acts are done; and, when the corporation is brought into il.fe, the franchises instantane- ously attach to it.” Story, .‘I., in Dartmouth Cuiiege v. Woodward, 4 Wheat. G91, 4 L. Ed. 62").

ABIATICUS, or AVIATICUS. L. Lat. In feudal L'lW. A grandson; the son of a son. Speiman; Lib. Feud, Baraterii, tit. 8, cited id.

ABIDE. To “ahide the order of the court" means to perform, execute, or conform to such order. Jackson v. State, 30 Kan. S8, 1 Pac. 317; Hodge v. Hodgdon, S Cush. (Mass) 294. See McGarry v. State, 37 Kan. 9, 14 Pac. 49?.

A stipulation in an arbitration bond that the parties shall “abide by" the award of the arbitrators means only that they shall await the award of the arbitrators, without revoking the submission, and not that they shall acquiesce in the award when made. Marsliull v. Reed, 48 N. H. 36: Shaw v. Hatch, 6 N. H. 162; Weeks v. Trask, 81 Me. 127, 16 Atl. 413. 2 L. R. A. 532.

ABIDING BY. In Scotch law. A ju- diciai declaration that the party abides by the dsed on which he founds, in an action where the deed or writing is attached as forged. Unless this be done, a decree that the deed is false will be pronounced. Pat. Comp. It has the effect of piedging the party to stand the consequences of founding on a forged deed. Bell.

ABIGEATUS. Lat. In the civil law. The ottense of stealing or driving away cattle. See ABIGEUE.

ABIGERE. Lat. In the Civil law. To drive away. Applied to those who drove away animals with the intention of stealing them. Applied, also. to the similar olltense of cattle stealing on the borders between England and Scotland. See ABIGEUB.

To drive out; to e\'pel by force; to pro- dnce abortion. Dig. 47, 11, 4.

ABIGEUS. Lat. (Pl., abigcf, or more rarely aln'_r;catm'cs.) In the civil law. A stealer of cattie; one who drove or drew away (subt1'a.ri!) cattle from their pastures, us horses or oxen from the herds, and mnde booty of them, and who foiiowed this as a business or trade. The term was applied also to those who drove away the sniaiier animals, as swine, sheep, and goats. In the latter case, it depended on the number taken, whether the ottender was far (a com- mon thief) or abigeais. But the taking of a single horse or ox seems to have constituted the crime of abigcazus. And those who fre- quently did this were clearly abiyci, though they took but an animal or two at a time. Dig. 47, 14, 3, 2. See Cod. 9, 37; Nov. 22, <'. 15, § 1; 4 Bl. Comm. 239.

ABILITY. When a statute makes it a ground of divorce that the husband has neglected to provide for his wife the common necessaries of life, having the ability to pro- vide the same, the word “ability” has reference to the possession by the husband of the means in property to provide such necessaries, not to his capacity of acquiring such means by iabor. Wasbburn v. Washbnrn, 9 Cal. 475. But compare State v. Witham. 70 Wis. 473, 35 N. W. 934.

{{anchor+|.|ABISHERING, or ABISHERSING. Quit of amercements. It originally signified a forfeiture or amercement, and is more properly niishering, iIrislLe1‘.slng, or m€slr.e1‘-

mp, according to Spelman. It has since been