Page:Black's Law Dictionary (Second Edition).djvu/16

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ABJUDICATIO 8 ABOVE  

termed a liberty of freedom, because, wherever this word is used in a grant, the persons to whom the grant is made have the forfeitures and amercements of all others, and are themselves tree from the control of any within their fee. Termes de la Dey, 7.

ABJUDICATIO. In old English law. The depriving of a thing by the judgment of a court: a putting out of court; the same as

forisindicutlo, forjudgment, forjudger. Co. Litt. 10011. b ; Townsh. P1. 49.

{{anchor+|.|ABJURATION OF ALLEGIANCE.

One of the steps in the process of naturalizing nn alien. It consists in a formal declaration, made by the party under oath before a coinpetent autiiurity, that he renounces and abjures all the allegiance and fidelity which he owes to the sovereign whose subject he has theretofore heen.

ABJURATION OF THE REALM. In ancient English law. A renunciation of one's country, a species of self-imposed banish- ment, under an oath never to return to the kin-,_rlom unless by perm sion. This was formerly allowed to criminals, as a means of saving their lives, when they had con- fessed their crimes, and tied to sanctuary. See 4 Bl. Comm. 339; Avery v. Everett, 110 N. Y. 317. 18 N. E. 148, l L. R. A. 264, G Am. St Rep. 308.

ABJURE. To renounce, or abandon, by or upon oath. See Anaoearxon.

“The decision of this court in Arthur v. Broadnax. 3 Ala. 557, alfirms that if the hus- band has abiurcd the state, and remains abroad, the vlife, meanwhile trading as a ferric sale, could recover on a note which was given to her as such. We must consider the term ‘ab- jure,' us there used, as linplving a total abandonmcnt of the state; a departure from the state without the intention of returning, and not a renunciation of one's country, upon an oath of perpetual banishment, as the term orig- inally impiiid." Mead v. Hughes, 15 Ala. 148, 1 Am. Rep. 123.

ABLE-BODIED. As used in a statute relating to service in the militia, this term does not imply an absolute freedom from all physical ailment. It imports an absence of those palpable and visible defects which evi- dently incapacitate the peison from performing the ordinary duties of a soldier. Darling v. Bowen, 10 Vt. 152.

ABLEGATI. Papal ambassadors of the second rank, who are sent to a country where there is not a nunclo, with a less extensive Lommission than that of a nuncio.

ABLOCATIO. A letiing out to hire, or leasing for money. Calvin. Sometimes used in the English form “abiocation."

ABMATERTERA. Lat. In the civil law. A great-great-griindliiother's sister, (aha-riw so-1-o1'.) Inst. 3, 6. 6; Dig. S8, 10, 3. (‘tilled mutertara maripiia. Id. 38, 10, 10, 17. Called, by Bracton, abmatertera magna. Bract. fol. 68b.

ABNEPOS. Lot. A great-gi'eat-gi'and- son. The grandson of a grandson or granddaughter. Calvin,

ABNEPTIS. but A greut-gi‘eat-granddaughter. The granddaughter of a grand- son or granddaughter. Calvin

ABODE. The place where a person dwells. Dorsey v. Brigham, 177 Ill. 250, 52 N. E. 303, 42 L. R. A. 809, 60 Am. St. Rep. 228.

ABOLITION. The destruction, abrogation, or exunguislinient of anything; also the leave given by the sovereign or judges to a criminal accuser to desist from further prosecution. 25 i:ien. VIII. c. 21.

ABORDAGE. Fr. In French commer- cial law. Collision of vessels.

ABORTIFACIENT. In medical jurispru- dence. A drug or medicine capable of, or used for, producing abortion.

ABORTION. In criminal law. The miscarriage or premature delivery of a woman who is quick with child. When this is brought about with a malicious design, or for an unlawful purpose, it is a crime in law.

The act of bringing forth what is yet imperfect; and particularly the delivery or expulsion of the human foetus prematurely, or before it is yet capable of sustaining lite. Also the thing prematurely brought forth, or product of an untimely process. Sometimes loosely used for the otfense of procuring a premature delivery; but, strictly, the early delivering is the abortion; causing or procuring abortion is the full name of the oirense. Abbott; Smith v. State, 33 Me. 48, 59, 5-1 Am. Dec. 607 ; State v. Crook, 16 Utah, 212, 51 Pac. 1091; Belt v. Spauldlng, 17 Or. 130. 20 Pac. 82’! ; Mills v. Commonwealth, 13 Pa. 631; Wells v. New England Mut. L. Ins. Co., 191 Pa. 207, 43 A121. 12!; 53 L. R. A. 327, 71 Am. St Rep. 703.

ABORTIVE TRIAL. A term descriptive of the result when a case has gone oil, and no verdict has been pronounced, without the fault, contrivance, or management of the parties. Jebb & B. 5L

ABORTUS. Lot. The fruit of an ahortion; the child born before its time, incapable of life.

ABOUTISSEMENT. Fr. An abuttal or abutment. See Guyot, Rcpert. Univ. “Ab- outissans."

ABOVE. In practice. Higher; superior. The court to which a cause is removed by appeal or writ of error is called the court above. Principzii; as distinguished from

what is auxiliary or instrumental. Bail In