Page:Black's Law Dictionary (Second Edition).djvu/18

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ABSENTE 10 ABSTENTION

ABSENTE. Lat. (Abl. of absens.) Being absent. A common term in the old reports. “The three justices, absente North, C. J, were clear of opinion." 2 Mod. 14.

ABSENTEE. One who dwells abroad; a landlord who resides in a country other than that from which he draws his rents. The discussions on the subject have generally had reference to Ireland. McCul. Pol. Econ.; 33 Brit. Quar. Rev. 455.

One who is absent from his usual place of residence or domicile.

In Louisiana law and practice. A person who has resided in the state, and has departed without leaving any one to represent him. Also, a person who never was domiciliated in the state and resides abroad. Civil Code La. art. 3556; Dreville v. Cuculiu, 18 La. Ann. 093; Morris v. Bienvenu, 30 La. Ann 878.

ABSENTEES, or DES ABSENTEES. A parliament so called was held at Dublin, 10th May. 8 Hen. VIII. It is mentioned in letters patent 29 Hen. VIII.

Absentem accipere dobemus eum qui nun est en loci in quo petitur. We ought to consider him absent who is not in the place where he is demanded. Dig. 50, 16. 190.

Absentia ejns qni reipnhlicse cnnsfi nhest, neqne i=.i neqne a.1i.i damnosa ease debet. The absence of mm who is away in behalf or the republic (on business of the state) oueiit neither to be prejudicial to him uor to another. Dig. 50, 17. 140.

ABSOILE—ASSOILE. To pardon or set free; used with respect to deliverance from excommunlcation. Cowell; Kelhani.

Ahsolnta sententia axpnsitnre nun indiget. An absolute sentence or proposition (one that is plain without any scrupie, or ansolute without any saving) needs not an expositor. 2 Inst. 533.

ABSOLUTE. Unconditional; complete and perfect in itself, without relation to, or dependence on, other things or persons,—as an absolute right; wltlioiit condition, exception. restriction. qualification, or limitation, —as an absolute conveyance, an absolute estate; final, percmiilory.—as an absolute rule. People v. Ferry. S-l Cal. 31. 24 Pnc. E3; Wil- son v. White. 133 Ind. 614, 33 N. E. 361, 19 L R. A. 581; Johnson v. Johnson, 32 Ala. 63?; Germania F. Ins. Co. v. Stewart. 13 Int]. App. (327. 42 N. E. 256.

As to absolute “Conveynuce," “Covenant,” “Delivery." “Est:ite." “G.lft," “Guaranty," “Intcrest," “DL1w," “Nulllty." “Pruj)erty." “R.lghts." “Rule," "Sale," “Tltle." “Warrandice,” see those titles.

ABSOLUTELY. Completely; wholly; without qualification; without reference or relation to, or dependence upon, any other person. thing, or event.

ABSOLUTION. In the civil law. A sentence whereby a party accused is declared innocent or the crime laid to his charge.

In canon law. A juridical act whereby the clergy declare that the sins of such as are penitent are remitted.

In French law. The dismissal of an accusation. The term “acquitmient" is employed when the accused is declared not guilty and “absolution” when he is recognized as guilty but the act is not punishable by law, or he is exonerated by some defect of intention or will. Merl. Repert; Bouvier.

ABSOLUTISM. Any system of government. be it a monarchy or democracy. in which one or more persons, or a class. gov eru absolutely, and at pleasure, without clieck or restraint from any law, constitutional device, or co-ordinate body.

ABSOLVITOR. In Scotch law. An ac- qulttai; a decree in favor of the defender in any action.

ABSQUE. Without. Occurs in phrases taken from the Latin; such as the following:

{{anchor+|.|ABSQUE ALIQUO INDE RBDENDO. (Without rendering anything therefrom) A grant from the ci'own reserving no rent. 2 Rolle, Abr. 502.

{{anchor+|.|ABSQUE CONSIDERATIONE CURIÆ. In old practice. “‘ithout the consideration or the court; without judgment. Fleta, lib. 2, c. 47, 5 13.

ABSQUE HOC. Wltliout this. These are technical words of denial, used in pleading at common law by way of special traverse, to introduce the negative part of the plea, following the afllrmative part or inducement Martlu v. Haninion. 8 Pa. 270; Tent: v. Legnard, 70 Pa. 19:-.; riite v. 1'(ler, 38 Pa. 72; Reltcr v. Morton. 96 Pa. 229: Turnpike Co. v. McCullough, 25 Pa. 303.

{{anchor+|.|ABSQIIE IMPETITIONE VASTI. Without impeachment of waste; without accountability for waste: vilthout liability to suit for waste. A clause anciently often inserted ln leases. (as the equivalent English phrase sometimes is.) signifying that the tenant or lessee shall not be liable to suit, (impeiitio.) or challenged, or called to account. for committing waste. 2 Bl. Comm. 283; 4 Kent, Conini. 78; Co. Lltt. 220:1; Litt. § 352.

ABSQUE TALI CAUSA. (Lat. Without such cause.) Formal words in the now obsolete replication do injuria. Steph. PL 191.

ABSTENTION. In French law. Keep- Lug an heir from possession; also tacit re- nI_llJ('i'lt'lOD of a succession by an heir. Merl.

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