has delivered his reply (see Pleading), and afterwards wishes to abandon his action, can generally obtain leave so to do only on condition of bringing no further proceedings in the matter.
Abandonment in marine insurance is the surrender of the ship or goods insured to the insurers, in the case of a constructive total loss of the thing insured. For the requisites and effects of abandonment in this sense see Insurance, Marine.
Abandonment of wife and children is dealt with under Desertion, and the abandonment or exposure of a young child under the age of two, which is an indictable misdemeanour, is dealt with under Children, Cruelty to.
Abandonment of domicile is the ceasing to reside permanently in a former domicile coupled with the intention of choosing a new domicile. The presumptions which will guide the court in deciding whether a former domicile has been abandoned or not must be inferred from the facts of each individual case. See Domicile.
Abandonment of an easement is the relinquishment of some accommodation or right in another’s land, such as right of way, free access of light and air, &c. See Easement.
Abandonment of railways has a legal signification in England recognized by statute, by authority of which the Board of Trade may, under certain circumstances, grant a warrant to a railway authorizing the abandonment of its line or part of it.
ABANO, PIETRO D’ (1250–1316), known also as Petrus de Apano or Aponensis, Italian physician and philosopher, was born at the Italian town from which he takes his name in 1250, or, according to others, in 1246. After studying medicine and philosophy at Paris he settled at Padua, where he speedily gained a great reputation as a physician, and availed himself of it to gratify his avarice by refusing to visit patients except for an exorbitant fee. Perhaps this, as well as his meddling with astrology, caused him to be charged with practising magic, the particular accusations being that he brought back into his purse, by the aid of the devil, all the money he paid away, and that he possessed the philosopher’s stone. He was twice brought to trial by the Inquisition; on the first occasion he was acquitted, and he died (1316) before the second trial was completed. He was found guilty, however, and his body was ordered to be exhumed and burned; but a friend had secretly removed it, and the Inquisition had, therefore, to content itself with the public proclamation of its sentence and the burning of Abano in effigy. In his writings he expounds and advocates the medical and philosophical systems of Averroes and other Arabian writers. His best known works are the Conciliator differentiarum quae inter philosophos et medicos versantur (Mantua, 1472; Venice, 1476), and De venenis eorumque remediis (1472), of which a French translation was published at Lyons in 1593.
ABANO BAGNI, a town of Venetia, Italy, in the province of Padua, on the E. slope of the Monti Euganei; it is 6 m. S.W. by rail from Padua. Pop. (1901) 4556. Its hot springs and mud baths are much resorted to, and were known to the Romans as Aponi fons or Aquae Patavinae. Some remains of the ancient baths have been discovered (S. Mandruzzato, Trattato dei Bagni d’ Abano, Padua, 1789). An oracle of Geryon lay near, and the so-called sortes Praenestinae (C.I.L. i., Berlin, 1863; 1438–1454), small bronze cylinders inscribed, and used as oracles, were perhaps found here in the 16th century.
ABARIS, a Scythian or Hyperborean, priest and prophet of Apollo, who is said to have visited Greece about 770 B.C., or two or three centuries later. According to the legend, he travelled throughout the country, living without food and riding on a golden arrow, the gift of the god; he healed the sick, foretold the future, worked miracles, and delivered Sparta from a plague (Herod. iv. 36; Iamblichus, De Vit. Pythag. xix. 28). Suidas credits him with several works: Scythian oracles, the visit of Apollo to the Hyperboreans, expiatory formulas and a prose theogony.
ABATED, an ancient technical term applied in masonry and metal work to those portions which are sunk beneath the surface, as in inscriptions where the ground is sunk round the letters so as to leave the letters or ornament in relief.
ABATEMENT (derived through the French abattre, from the Late Latin battere, to beat), a beating down or diminishing or doing away with; a term used especially in various legal phrases.
Abatement of a nuisance is the remedy allowed by law to a person or public authority injured by a public nuisance of destroying or removing it, provided no breach of the peace is committed in doing so. In the case of private nuisances abatement is also allowed provided there be no breach of the peace, and no damage be occasioned beyond what the removal of the nuisance requires. (See Nuisance.)
Abatement of freehold takes place where, after the death of the person last seised, a stranger enters upon lands before the entry of the heir or devisee, and keeps the latter out of possession. It differs from intrusion, which is a similar entry by a stranger on the death of a tenant for life, to the prejudice of the reversioner, or remainder man; and from disseisin, which is the forcible or fraudulent expulsion of a person seised of the freehold. (See Freehold.)
Abatement of debts and legacies. When the equitable assets (see Assets) of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend. Also, in the case of legacies when the funds or assets out of which they are payable are not sufficient to pay them in full, the legacies abate in proportion, unless there is a priority given specially to any particular legacy (see Legacy). Annuities are also subject to the same rule as general legacies.
Abatement in pleading, or plea in abatement, was the defeating or quashing of a particular action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant. It did not involve the merits of the cause, but left the right of action subsisting. In criminal proceedings a plea in abatement was at one time a common practice in answer to an indictment, and was set up for the purpose of defeating the indictment as framed, by alleging misnomer or other misdescription of the defendant. Its effect for this purpose was nullified by the Criminal Law Act 1826, which required the court to amend according to the truth, and the Criminal Procedure Act 1851, which rendered description of the defendant unnecessary. All pleas in abatement are now abolished (R.S.C. Order 21, r. 20). See Pleading.
Abatement in litigation. In civil proceedings, no action abates by reason of the marriage, death or bankruptcy of any of the parties, if the cause of action survives or continues, and does not become defective by the assignment, creation or devolution of any estate or title pendente lite (R.S.C. Order 17, r. 1). Criminal proceedings do not abate on the death of the prosecutor, being in theory instituted by the crown, but the crown itself may bring about their termination without any decision on the merits and without the assent of the prosecutor.
Abatement of false lights. By the Merchant Shipping Act 1854, the general lighthouse authority (see Lighthouse) has power to order the extinguishment or screening of any light which may be mistaken for a light proceeding from a lighthouse.
Abatement in commerce is a deduction sometimes made at a custom-house from the fixed duties on certain kinds of goods, on account of damage or loss sustained in warehouses. The rate and conditions of such deductions are regulated, in England, by the Customs Consolidation Act 1853. (See also Drawback; Rebate.)
Abatement in heraldry is a badge in coat-armour, indicating some kind of degradation or dishonour. It is called also rebatement.
ABATI, or Dell’ Abbato, NICCOLO (1512–1571), a celebrated fresco-painter of Modena, whose best works are there and at Bologna. He accompanied Primaticcio to France, and assisted in decorating the palace at Fontainebleau (1552–1571). His pictures exhibit a combination of skill in drawing, grace and natural colouring. Some of his easel pieces in oil are in different collections; one of the finest, in the Dresden Gallery, represents the martyrdom of St Peter and St Paul.
ABATIS, Abattis or Abbattis (a French word meaning a heap
