A LAW DICTIONARY. A. The first letter of the alphabet. It is used to distinguish the first page of a folio, the second being marked "b," thus: Coke, Litt. 114 a, 114 b. It is also used as an abbreviation for many words of which it is the initial letter. See ABBREVIATIONS. In Latin phrases it is a preposition, denoting from, by, in, on, of, at, and is of common use as a part of a title. In French phrases it is also a preposition, denoting of, at, to, for, in, with. A. Among the Romans this letter was used in crimiBal trials. The judges were furnished with small tables covered with wax, and each one inscribed on it the initial letter of his vote: A, when he voted to absolve the party on trial; C, when he was for condemnation; and N L (non liquet), when the matter did not appear clearly, and he desired a new argu ment. A CONSILIIS (Lat. consilium, advice). A counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, Gloss. Apocrisarius. A LATERE (Lat. latus, side). Collateral. Used in this sense in speaking of the cession to property. Bracton, 20 b, 62 b. fers no interest in the land itself. 5 Barnew. & C. 221; 30 Eng. L. & Eq. 187, 189; 2 Washburn, Real Prop. 25. A QUO (Lat.). From which. A court a quo is a court from which a cause has been removed. The judge a quo is the judge in such court. 6 Mart. La. 520. Its correlative is ad quem. A RENDRE (Fr. to render, to yield). Which are to be paid or yielded. Profits à rendre comprehend rents and services. Hammond, Nisi P. 192. A RETRO (Lat.). In arrear. A RUBRO AD NIGRUM (Lat. from red to black). From the (red) title or rubric to the (black) body of the statute. It was anciently the custom to print statutes in this manner. Erskine, Inst. 1. 1. 49. the bond of matrimony). A kind of divorce A VINCULO MATRIMONII (Lat. from which effects a complete destruction of the marriage contract. After a divorce a vinculo, the innocent party suc-is free to marry again. By statute, in several of the States, however, the guilty is prohibited contracting a second marriage during the lifetime of the innocent party. As to the effect of marriages entered into notwithstanding the prohibition, see 1 Pick. Mass. 506; 8 id. 433; 5 Ired. No. C. 535; 1 Yerg. Tenn. 110. See DIVORCE. Without right. Bracton, 42 b. A ME (Lat. ego, I). A term denoting direct tenure of the superior lord. 2 Bell, Hou. L. Sc. 133. Unjustly detaining from me. He is said to withhold a me (from me) who has obtained possession of my property unjustly. Calvinus, Lex To pay a me, is to pay from my money. A MENSA ET THORO (Lat. from bed and board). A kind of divorce, which is rather a separation of the parties by law, than a dissolution of the marriage. Such a divorce does not affect the legitimacy of children, nor authorize a second marriage. See DIVORCE. A PRENDRE (Fr. to take, to seize). Rightfully taken from the soil. 5 Adolph. & E. 764; 1 Nev. & P. 172; 4 Pick. Mass. 145. Used in the phrase profit à prendre, which differs from a right of way or other easement which conVOL. L-2. AB ACTIS (Lat. actus, an act). A notary; one who takes down words as they are spoken. Du Cange, Acta; Spelman, Gloss. Cancellarius. A reporter who took down the decisions or acta of the court as they were given. AB ANTE (Lat. ante, before). In advance. From without. 14 Mass. 151. out). AB INCONVENIENTI (Lat. inconve niens). From hardship; from what is incon 17 AB INITIO (Lat. initium, beginning) From the beginning; entirely; as to all the acts done; in the inception. An estate may be said to be good, an agreement to be void, an act to be unlawful, a trespass to have existed, ab initio. Plowd. 6 a; 11 East, 395; 10 Johns. N. Y. 253, 369; 1 Sharswood, Blackst. Comm. 440. See Adams, Eq. 186. TRESPASS; TRESPASSER. Before. Contrasted in this sense with ex post facto, 2 Blackstone, Comm. 308, or with postea, Calvinus, Lex, Initium. AB INTESTAT. Intestate. 2 Low. C. 219. AB IRATO (Lat. iratus, an angry man). By one who is angry. A devise or gift made by a man adversely to the interest of his heirs, on account of anger or hatred against them, is said to be made ab irato. A suit to set aside such a will is called an action ab irato. Merlin, Repert. Ab irato. ABACTOR (Lat. ab and agere, to lead away). One who stole cattle in herds. Jacob, Law Dict. One who stole one horse, two mares, two oxen, two she-goats, or five rams. Abigeus was the term more commonly used to denote such an offender. ABADENGO. In Spanish Law. Lands, town, and villages belonging to an abbot and under his jurisdiction. All lands belonging to ecclesiastical corporations, and as such exempt from taxation. Escriche, Dicc. Raz. Lands of this kind were usually held in mortmain, and hence a law was enacted declaring that no land liable to taxation could be given to ecclesiastical institutions ("ningun Realengo non pase a abadengo"), which is repeatedly insisted on. ABALIENATIO (Lat. alienatio). The most complete method of transferring lands, used among the Romans. It could take place only between Roman citizens. Calvinus, Lex, Abalienatio. ABAMITA (Lat.). The sister of a greatgreat-grandfather. Calvinus, Lex. ABANDONMENT. The relinquishment or surrender of rights or property by one person to another. In Civil Law. The act by which a debtor surrenders his property for the benefit of his creditors. Merlin, Repert. The act by which the owner of a ship surrenders the ship and freight to a creditor who has become such by contracts made by the naster. The effect of such abandonment is to re lease the owner from any further responsi bility. The privilege in case of contracts i limited to those of a maritime nature. Po thier, Chart. Part. sec. 2, art. 2, 51; Code de Commerce, liv. 2, tit. 2, art. 216. Similar provisions exist in England and the Unitea States to some extent. 1 Parsons, Marit. Law, 395-405; 5 Stor. C. C. 465; 16 Bost. Law Rep. 686; 5 Mich. 368. Sce ABANDONMENT FOR TORTS. By Husband or Wife. The act of a husband or wife who leaves his or her consort wilfully and with an intention of causing perpetual separation. See DESERTION. In Insurance. The transfer by an assured to his underwriters of his interest in the insured subject, or the proceeds of it, or claims arising from it, so far as the subject is insured by the policy. 2. The term is used only in reference to risks in navigation; but the principle is applicable in fire insurance, where there are rem nants, and sometimes also under stipulations in life policies in favor of creditors. 2 Phillips Ins. 1490, 1514, 1515; 3 Kent, Comm. 265; 16 Ohio St. 200. The object of abandonment being to recover the whole value of the subject of the insurance, it is requisite only where the subject itself, or remains of it, or claims on account of it, survive the peril which is the occasion of the loss. 2 Phillips, Ins. 1507, 15, 1507, 1516; 36 Eng. L. & Eq. 198. In such case the assured must elect, immediately on receiving intelligence of a loss, whether to abandon, and not delay for the purpose of speculating on the state of the markets. 2 Phillips, Ins. 1667. The English law and practice are more restricted than the American, by not making a loss over half the value conclusive of the right to abandon, and by testing the right to abandon by the circumstances at the time of action brought, and not by the circumstances existing at the date when the abandonment is made. 2 Phillips, Ins. 1536; 1 Gray, Mass. 371. 3. The right is waived by commencing full repairs, but not by temporary repairs, 2 Phillips, Ins. 2 1540, 1541, but is not lost by reason of the enhancement of the loss through the mere negligence or mistakes of the master or crew; but it is too late to abandon after the arrival in specie at the port of destination. An inexpedient or unnecessary sale of the subject by the master does not strengthen the 1571. See SALVAGE; TOTAL LOSS. right. 2 Phillips, Ins. 1547, 1555, 1570, Abandonment may be made upon informa tion entitled to credit, but if made specula tively upon conjecture it is null. And it must be made without delay, after reasonably reliable information of loss is received; otherwise the right will be waived, the assured not being permitted to wait in order to speculate upon the state of the markets. 2 Phillips, Ins. ?? 1666 et seq. In the absence of any stipulation on the subject, no particular form of abandonment is required; it may be in writing or oral, in ABANDONMENT 19 ABATEMENT A similar right exists in Louisiana. La ABATAMENTUM (Lat. abatare). An abatement. Yelv. 151. ABATARE. To abate. Yelv. 151. express terms or by obvious implication; but $3-85. In Chancery Practice. A suspension of It differs from an abatement at law in this: that Generally speaking, if any property or right entitled to continue the suit, or at least have Va. 429; and an abandonment combined with There may be an abandonment of an ease- The question of abandonment is one of fact The effect of abandonment when acted upon ABANDONMENT FOR TORTS. In Civil Law. The relinquishment of a slave but it must be suspended till a new one is ap- 2. There are some cases, however, in which Although abatement in chancery suspends 3. All declinatory and dilatory pleas in In Contracts. A reduction made by Ins. 7. Of Freehold. The unlawful entry upon and keeping possession of an estate by a stranger, after the death of the ancestor and before the heir or devisee takes possession. It is a species of ouster by intervention between the ancestor or devisor and the heir or devisee, thus defeating the rightful possession of the latter. 3 Sharswood, Blackst. Comm. 167; Coke, Litt. 277 a; Finch, Law, 195; Cruise, Dig. B. 1, 60. 4. By the ancient laws of Normandy, this term was used to signify the act of one who, having an apparent right of possession to an estate, took possession of it immediately after the death of the actual possessor, before the heir entered. Howard, Anciennes Lois des Français, tome 1, p. 539. Of Legacies. The reduction of a legacy, general or specific, on account of the insufficiency of the estate of the testator to pay his debts and legacies. When the estate of a testator is insufficient to pay both debts and legacies, it is the rule that the general legacies must abate proportionably to an amount sufficient to pay the debts. 5. If the general legacies are exhausted before the debts are paid, then, and not till then, the specific legacies abate, and proportionably. 2 Sharswood, Blackst. Comm. 513 and note; Bacon, Abr. Leg. H.; Roper, Leg. 253, 284; 2 Brown, Ch. 19; 2 P. Will. Ch. 283. In Mercantile Law. The deduction from, or the refunding of, duties sometimes made at the custom house, on account of damages received by goods during importation or while in store. See Act of Congress, Mar. 2, 1799, 52; 1 Story, U. S. Laws, 617; Andrews, Rev. Laws, 113, 162. Of Nuisances. The prostration or removal of a nuisance. 3 Blackstone, Comm. 5. See NUISANCE. 6. In Pleading The overthrow of an action caused by the defendant pleading some matter of fact tending to impeach the correctness of the writ or declaration, and which defeats the action for the present, but does not debar the plaintiff from recommencing it in a better way. Stephen, Pl. 47; 3 Blackstone, Comm. 168; 1 Chitty, Pl. 6th Lond. ed. 446; Gould, Pl. ch. 5. 2 65. It has been applied rather inappropriately as a generic term to all pleas of a dilatory nature; whereas the word dilatory would seem to be the more proper generic term, and the word abatement applicable to a certain portion of dilatory pleas. Comyn, Dig. Abt. B.: 1 Chitty, Pl. 440 (6 Lond. ed.); Gould. Pl., ch. 5. 2 65. In this general sense it has been used to include pleas to the jurisdiction of the court. See JURISDICTION. 7. AS TO THE PERSON OF THE PLAINTIFF AND DEFENDANT. It may be pleaded that there never was such a person in rerum natura as to the plaintiff. 1 Chitty, Pl. (6th Lond. ed.) 448; 6 Pick. Mass. 370; 17 Johns. N. Y. 308; 14 Ark. 27; and by one of two or more defendants as to one or more of his co-defendants. Archbold, Civ. Pl. 312. That one of the plaintiffs is a fictitious person, to defeat the action as to all. Comyn, Dig. Abt. E. 16; 1 Chitty, Pl. 448; Archbold, Civ. Pl. 304. This would also be a good plea in bar. 1 Bos. & P. 44. That the nominal plaintiff in the action of ejectment is fictitious, is not pleadable in any manner. 4 Maule & S. 301; 19 Johns. N.Y. 169. A defendant cannot plead matter which affects his co-defendant alone. 40 Me. 336; 4 Zabr. N. J. 333; 14 N. H. 243; 21 Wend. N. Y. 457. 8. Certain legal disabilities are pleadable in abatement, such as outlawry, Bacon, Abr. Abt. B; Coke, Litt. 128 A; attainder of treason or felony, 3 Blackstone, Comm. 301; Comyn, Dig. Abt. E, 3; also premunire and excommunication, 3 Blackstone, Comm. 301; Comyn, Dig. Abt. E. 5. The law in reference to these disabilities can be of no practical importance in the United States. Gould, Pl. ch. 5, § 32. 9. Alienage. That the plaintiff is an alien friend is pleadable only in some cases, where, for instance, he sues for property which he is incapacitated from holding or acquiring. Coke, Litt. 129 b; Busb. 250. By the common law, although he could not inherit, yet he might acquire by purchase, and hold as against all but the sovereign. Accordingly, he has been allowed in this country to sue upon a title by grant or devise. 1 Mass. 256; 7 Cranch, 603. But see 6 Cal. 250; 26 Mo. 426. The early English authority upon this point was otherwise. Bacon, Abr. Abt. B. 3, Aliens D; Coke, Litt. 129 b. He is in general able to maintain all actions relating to personal chattels or personal injuries. 3 Blackstone, Comm. 384; Cowp. 161; Bacon, Abr. Aliens D.; 2 Kent, Comm. 34; Coke, Litt. 129 b. But an alien enemy can maintain no action except by license or permission of the government. Bacon, Abr. Abt. B. 3, Aliens D.; 1 Salk. 46; 1 Ld. Raym. 282; 2 Strange, 1082; 4 East. 502; 6 Term, 23, 49; 8 id. 166; 6 Binn. Penn. 241; 9 Mass. 363, 377; 11 id. 119; 12 id. 8; 3 Maule & S. 533; 2 Johns. Penn. 310; 1 Chitty, Pl. 434. This will be Ch. N. Y. 508; 15 East. 260; 1 Serg & R. implied from the alien being suffered to remain, or to come to the country, after the ordered away by the executive. 10 Johns. commencement of hostilities, without being N. Y. 69. See 28 Eng. L. & Eq. 219. The better opinion seems to be that an alien enemy cannot sue as administrator. Gould, Pl. ch. 5, 44. is the proper manner of contesting the ex10. Corporations. A plea in abatement istence of an alleged corporation, plaintiff. Wright, Ohio, 12; 6 Cush. Mass. 279: 3 Pick. Mass. 236; 1 Mass. 485; 1 Md. 502; 33 Penn. St. 356; 28 N.H. 93; 1 Pet. 450; 4 id. 501; 5 id. 231. To a suit brought in the name of the "Judges of the County Court," after such court has been abolished, the defendant may plead in abatement that there are no such judges. 2 Bay, So. C. 519. 11. Coverture of the plaintiff is pleadable in abatement. Comyn, Dig. Abt. E, 6; Bacon, Abr. Abt. G.; Coke, Litt. 132; 3 Term, 631; 1 Chitty, Pl. 439; though occurring after suit |