Page:Black's Law Dictionary (Second Edition).djvu/17

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ABOVE CITED 9 ABSENCE  

the action, or special bail, is otherwise termed ball above. 3 Bl. Comm. 291. See Below.

{{anchor+|.|ABOVE CITED, or MENTIONED.

Quoted before. A figurative expression taken from the ancient manner of writing books on scrolls, where whatever is mentioned or cited before in the some scroll must be above. Eneye. Loud.

ABPATRUUS. Lat In the civil law. A great-great-grandfather's brother, (abavi frater.) Inst. 3. 6, 0; Dig. 38. 10. 3. Called patruus maximus. Id. SN 10, 10, 1". Called, by Bracton ‘and Fleta, abzicmwiis magmas. Bract foi. 681); Fieta, iib. G. c. 2. 5 17.

ABRIDGE. To reduce or contract; usually spoken of written language. In copyright law to abridge means to epitumirn. to rcdnt . to contract it implies prescri-iu-_: the substance, the essence, of a woik, in ' use suiieil to such a purpose. In nniking ‘Is there is no condensation of the an thor‘s l£ll.."lli1gE, and hence no abriil-.;nient. To abgidge requires the exercise of the mind: it is not copying. Between a compilation and an abri lununt there is a clear disrinition. A com-

llyI'l0D consists of selectcd extracts from dif-

«-reut a|'ltll()l‘~, an ahridgment is a condcns.t~ tinu of the views of one nuthor. Story v. gin]:-ombe, 4 McLean, 306. 310, Fed. Cas. No.

.497.

In practice. To shorten Il declaration or count by taking away or severing some of

the substance of it. Brooke, Ahr “AhridE- ment." ABRIDGMENT. An epitome 01' com-

pendium of iiiiother ‘ind iarger work, where- in the principal ideas of the iiirger work are summ.-iriiy contained.

AbI'l(l,$:l)leiltE of the law are brief digests of the Ia\v, arranged nlph:ihetically. The oldest are those of Fil1Zi.lPi‘iIeI‘t, Brooke, and Rnlle: the more modern those of Vincr. Coinyns, and Bacon. (1 Steph. Comm. 51.) The term ‘iii,-zest" has now supplanted that of "nbrid,v:nient" Sweet.

ABRIDGMENT OF DAMAGES. The right of the court to reduce the dimiges in certain cases. Vide Brooke, tit. “Abridgment."

ABROGATE. To annul. repeal, or destroy: to nnnul or repeai an order or rule issued by a subordinate authority; to repeal a former law by legislative act, or by usage.

ABROGATION. The annulment of a- iaw by constltiitiouni authority. It stands opposed to rogazmn; and is distinguished from derogation, which implies the taking away only some part of £1 law; from subrogutiari, which denotes the adding a clause to it; from dispensation, which only sets it aside in a particuinr instance; and from antiqmzunn, which is the refusing to pass a iaw. Encyc. Lond.

--Implied abrogation. A statute is said to work an “impiied abrogation" of an earlier one, when the inter statute contains provisions which are inconsistent with the further continnnnce of the earlier law; or a stntute is impiiediy abrogated when the reason of it, or the object for which it was passed, no ionger exists.

ABSCOND. To go in a clanilestjne manner out of the jurisdiction of the courts. or to lie concealed. in order to avoid their process.

To hide, conceal, or nbsent onescif clim- destineiy, with the intent to avoid legal process. Smith v. Johnson. 43 Ncb. 754. 0° \ W. 217; Hongett v. Emerson, 8 Han. '_’f Ware v. Todd. 1 Aia. 200; Kingsland v. Wai- sham, 15 MO. 657.

ABSCONDING DEBTOR. One who ali- sconds from his creditors. An ahscondlng debtor is one who lives without the state. or who has ll.|i’t‘.lllZi.Oni\1ly concealed himseif from his creditors, or withdriiwn himself from the reach of their suits, with Intent to frustrate their just demands. Thus, if in person departs from his usuai residence, or remains absent therefrom, or conceals him- self in his house. so that he cannot be sei red with pro(e. , with intent iinlawfully to de- lay or defraud his creditors. he is an ah- scondlng debtor; but if he departs from the state or from his usual ahode, with the inteution of again returning, and without any fraudulent design, he has not absconded, nor ahsented himseit’, within the intendnient of the law. Sl;:i[t'ord v. Miils, 57 N. J. Law. 574, 32 Atl. 7; Fitch v. Waite, 5 Conn. 117.

A party may abscond, and subject himself to the operation of the attachment law against alisconding debtors, without ieriving the limits of the state. Fieid v. Adreon. 7 Md. 209.

A dciitnr who is shut up from his creditors in his own house is an abaconding debtor. Ives v. Curttss, 2 Root (Conn.) 133.

ABSENCE. The state of being aiisent. reinmed, or away from one‘: domicile, or usual place of residence.

Ahscnce is of a firefnld lnnd: (1) ‘\ accessory absence, as in banished or transported persons; [Ills is entirely necessary (2 \cccs.-n.ry and voluntary, as upon the nccoiint of the conimonweiilth, or in the service of the church (3! A probable aim-cnce, according to the civilians us that of students on the score of stuilr (til E‘nt‘ircl_i/ a~olm1fm-1/ on account of trade, incr- cbiindise, and the like (5) Absence cimi data at Lltljiii, as not nppca ng to a writ, subpa'aa_ citation. etc., or to «inlay or defeat creditors. or avoidinz a_I-rest. either on civil or criminal process. Aylitfe.

Where the statute allows the vacation of a judgment l‘(’.I'(lBI‘.(l against a defendant “in his absence." the term “abserice" moans nou- aDilC'li'.ll](.‘l;‘ to the action, and not inerely that the party was not present in court. Sti inc v. Kaufman. 12 !\‘ch. 423. 11 N. W. SGT.

In Scotch law. Want OF default of appearance. A decree is said to be in absence

where the defender (defendant) does not tippear. Ersk. inst. bk. 4, tit. 3, § 6. See Decreet.