LIST OF BOOKS. The following is a list of the books which have been principally consulted in compiling this Dictionary, in addition to those that are referred to in the body of the work. The list is classified under heads, which may perhaps serve the student or junior barrister in making up his own Law Library. Addison on Torts, 1 vol. Broom's Common Law, 1 vol. Indermaur's Common Law, 1 vol. Mayne on Damages, 1 vol. Sedgwick on Damages, 1 vol. (C.) Law of Crimes: Archbold's Criminal Pleading, 1 Greaves' Criminal Statutes, 1 vol. (D.) Law of Evidence: Best on Evidence, 1 vol. Roscoe's Evidence at Nisi Prius, Roscoe's Criminal Evidence, 1 vol. (E.) Law of Procedure: Adams on Ejectment, 1 vol. Brandon's Lord Mayor's Court, 1 Brandon's Foreign Attachment, 1 Browne's Probate Practice, 1 vol. Lewin on Trusts, 1 vol. Smith's Manual of Equity, 1 vol. Sugden on Powers, 1 vol. Tudor's Leading Cases, Mercantile (B.) Particular Subject Matters: Brown (A.) on Fixtures, 1 vol. Copinger's Law of Copyright, 1 vol. Goddard on Easements, 1 vol. Johnson on Patents, 1 vol. Elmer's Practice in Lunacy, 1 vol. Hunter's Suit in Equity, 1 vol. Morgan's Chancery Acts and Orders, Pemberton on Supplement and Re- Roche and Hazlitt on Bankruptcy, Wilson's (Arthur) Practice under Foote's Private International Juris- Guthrie's Savigny's Private Inter- Ortolan's Diplomatie de la Mer, 2 Wharton's International Law, 1 vol. Wheaton's International Law, 1 vol. Wolsey's International Law, 1 vol. VII, GENERAL DIGESTS, REPERTORIES, &c. Blackstone's Commentaries, 4 vols. Chitty's Equity Index, 4 vols. A NEW LAW DICTIONARY. À MENSÂ ET THORO. "From board and bed." See titles DIVORCE; JUDICIAL SEPARATION. À VINCULO MATRIMONII. “From the bond of matrimony." See title DIVORCE. AB INITIO, TRESPASS: See title TRES PASS. AB INTESTATO: See titles INTESTATE; TESTATE. ABANDONED MOTION. Where any person has given notice of motion either interlocutory or by way of appeal, and afterwards fails to bring on his motion without otherwise saving it, he is liable to pay the entire costs of the abandoned motion to the other party or parties served with notice of the motion (In re Oakwell Collieries, 7 Ch. Div. 706). ABANDONMENT. This a word of very frequent occurrence in law, and in general its legal meaning coincides with its natural or popular meaning. Thus, (1.) The Abandonment of Children, means the desertion and exposure of children under two years of age, whereby their life is endangered or their permanent health injured (24 & 25 Vict. c. 100, s. 27; R. v. Falkingham, L. R. 1 C. C. R. 222; R. v. White, L. R. 1 C. C. R. 311). See title CHILD, ABANDONMENT OF. (2.) The Abandonment of a Distress,means throwing up the distress. See title DISTRESS. (3.) The Abandonment of an Execution,means withdrawing from the possession of the goods seized. See title EXECUTION. (4.) The Abandonment of the Excess,means in a County Court action giving up the debt so far as it exceeds the County Court limit of jurisdiction, £50 being that limit. See title COUNTY COURTS, JURISDICTION OF. (5.) The Abandonment of Ship or Cargo, -means giving up wholly to the underwriters the ship and cargo insured, in order to claim the entire sum insured. See titles CARGO; TOTAL LOSS; UNDERWRITERS. (6.) The Abandonment of an Action,— ABANDONMENT-continued. means its discontinuance. See title DISCONTINUANCE. ABANDONMENT OF CARGO OR VESSEL. In the case of marine insurance, where the vessel or goods insured are damaged beyond repair or recovery, but are not actually or completely destroyed or lost, the insured may ABANDON the vessel or goods to the underwriter, and thereafter recover upon his policy of insurance as for a total loss. (See title TOTAL LOSS.) A policy in express terms confined to total loss extends to such constructive total loss (Adams v. Mackenzie, 13 C. B. (N.S.) 442). The propriety of the abandonment in any particular case depends upon the question, whether an uninsured owner being upon the spot would or not in the particular case in the exercise of ordinary mercantile prudence have incurred the expenses of repairing the vessel or (as the case may be) of recovering the goods (Roux v. Salvador, 3 B. N. C. 266). Notice of the abandonment must be given to the underwriter at the earliest moment (Dean v. Hornby, 3 E. & B. 180); and such notice must proceed from the real owner and not from a mere incumbrancer or mortgagee (Jardine v. Leathley, 32 L. J. Q. B. 132). The notice must be couched in positive terms (Thelusson v. Fletcher, 1 Esp. 73); but it need not be in writing (Parmeter v. Todhunter, 1 Camp. 541). The effect of the abandonment is to transfer the whole property in the vessel or goods to the underwriter as from the date of the loss (Cammell v. Sewell, 3 H. & N. 617; 5 H & N. 728); and the underwriter is therefore entitled to whatever advantage he can make of the vessel or goods abandoned. If he should complete the voyage, he becomes entitled to receive in addition that portion of the freight which is earned after the abandonment, where the freight is divisible, and where it is indivisible, he becomes entitled [by survivorship] to the whole (Case v. Davidson, 5 M. & S. 79; 2 B. & B. 379). See titles INSURANCE; UNDERWRITERS. ABANDONMENT OF DOMICILE: See title DOMICILE. ABANDONMENT OF LEGAL PROCEEDINGS. When a plaintiff has become aware of any defendant's defence, whether before delivery of same, or at any time before replying thereto, he may wholly discontinue his action, without any leave to do so, by delivering a notice in writing to that effect. And he may do the like at any subsequent stage of the action, but only with the leave of the Court or of a judge and upon terms. Leave is not granted as a matter of course (Stahlschmidt v. Walford, 4 Q. B. Div. 217). This abandonment or discontinuance does not prejudice any subsequent action, unless in the case of leave to discontinue one of the terms is to that effect (Order xxIII., rule 1). The plaintiff is in each case to pay to the defendant the costs of the action, and for such costs the defendant may sign judgment. Where an injunction has been granted to the plaintiff on his undertaking as to damages, the action continues as to such undertaking even after a discontinu ance (Newcomen v. Coulson, L. R. 7 Ch. Div. 764). An action, when entered for trial, may be withdrawn by consent of all parties, either the plaintiff or the defendant producing the requisite consent in writing (Order XXIII., rule 2a). ABANDONMENT OF RAILWAYS. Under the Abandonment of Railways Act, 1850 (13 & 14 Vict. c. 83), and the Act 14 & 15 Vict. c. 105, and the Railway Companies Act, 1867 (30 & 31 Vict. c. 127), ss. 31-35, any company authorised by statute passed previously to 1867 to make a railway may, with the consent of the holders of three-fifths of the shares or stock (if so much subscribed) of the company, apply to the Board of Trade for the Board's warrant to abandon the construction of their railway or of part thereof, and the Board may, if it deem the abandonment expedient, issue its warrant for such abandonment; and the warrant operates to release the company (Act 1850, s. 19) from the duty of constructing the railway, subject nevertheless to certain liabilities to make compensation to various persons aggrieved (Act 1850, ss. 19-22, 26). See Godefroi & Shortt, pp. 500-3. ABANDONMENT OF SEAMEN: See title SEAMEN. ABATE: See next following titles. ABATEMENT OF ACTIONS. The provisions regarding abatement, and remedying same, that were contained in the C. L. P. Act, 1852 (ss. 135-141), as to actions at Common Law, and in the Chan ABATEMENT OF ACTIONS-continued. cery Jurisdiction Amendment Act, 1852 (s. 52) as to actions in Chancery, may be taken to be now wholly superseded by the Orders and Rules under the Judicature Acts, 1873-77, the exact purport of which is as follows: In case any party to an action dies, marries, or becomes bankrupt, and thereby some devolution of estate or interest arises by operation of law, the action is not to be deemed abated (Order L., rule 1); but the Court may order (as the case may require) the personal representative, or the husband, or the trustee, or other the successor in interest to be made (if necessary) a party to the action or to be served with notice thereof, and the Court may also otherwise order as may be just (Order L., rule 2). The order is made on summons or motion supported by an affidavit of the event occasioning the devolution of interest (Order L., rule 4). And where pending the action, there is any devolution of interest by act of the party, the action is not to be deemed abated (Order L., rule 1), but may be continued against the successor in interest (Order L., rule 3), and the requisite order may be obtained upon an ex parte application (by summons or motion) supported by an affidavit of the fact of the devolution of interest. The like procedure applies where any person interested comes into existence after writ issued, his subsequent coming into existence operating, in fact, as a devolution of interest (Order L., rule 4). The order in all the foregoing cases is called an order of revivor; and the order of revivor is to be served on the continuing party or parties, and also upon the new (or substitutionary) parties or party to the action, and becomes binding as from the time of service on the party served therewith (Order L., rule 5), subject, nevertheless, to be discharged upon application at any time within twelve days after service (Order L., rule 6), or (in case of effective disability) within twelve days after removal of such effective disability. Effective disability is infancy or unsoundness of mind, when the infant or unsound person has neither a guardian ad litem nor (being a lunatic so found by inquisition) a committee. Coverture is not an effective disability as regards revivor of actions. But there cannot be (nor need there be) any such order of revivor, if the cause of action do not survive or continue as regards the particular party (Order L., rule 1). (See Lloyd v. Dimmack, 7 Ch. Div. 398). An executor may revive, but only when the interest of the intestate is a transmissible interest (Twycross v. Grant, 4 C. P. ABATEMENT OF ACTIONS-continued. Div. 40). An executor by reviving the action makes the action his own, and therefore is liable personally to costs (Boynton v. Boynton, 9 Ch. Div. 250); whence, semble, he cannot be compelled to revive (Wingrove v. Thompson, W. N. 1879, p. 59; and see Wright v. Swindon Ry. Co., 7 Ch. Div. 412). The old rule that there could be no revivor as to costs only, which was inequitable in its operation and wholly devoid of principle, has been abrogated by the Solicitors Act, 1870 (33 & 34 Vict. c. 28), the 19th section of which gives to the "person interested" under the decree or order a right to revive as often as may be necessary. N.B.-The decree or order must have been for payment of costs in an action. Under the Bankruptcy Act, 1869 (32 & 33 Vict. c. 71), s. 80, it is provided that when a debtor who has been adjudicated a bankrupt dies, the Court may order that the proceedings in the matter be continued as if he were alive. ABATEMENT OF LEGACIES: See title LEGACIES. In the ABATEMENT OF NUISANCE. case of a public nuisance the party abating same must have sustained some particular or special damage from it, i.e., some damage other than and besides the general inconvenience sustained by the public at large (Mayor of Colchester v. Brook, 7 Q. B. 339); but in the case of a private nuisance the party prejudiced may at once abate same (Lonsdale (Earl) v. Nelson, 2 B. & C. 302). However, the abatement must be made without any breach of the peace, and also without doing any unnecessary damage (Roberts v. Rose, 4 H. L. C. 163). Under the statute 38 & 39 Vict. c. 55, and the other Acts relative to the preservation of the public health, local authorities and their officers may abate nuisances in the manner mentioned in the Acts (Scarborough (Mayor, &c.) v. Scarborough Sanitary Authority. 1 Exch. Div. 344; St. Helens' Chemical Co. v. St. Helens' Corporation, 1 Exch. Div. 196). See also title NUISANCE. ABATEMENT OF POSSESSION. This is that species of injury to real property which is committed when a stranger, upon the death of an owner in fee, enters upon and takes possession of the land in exclusion of the heir or devisee of such deceased owner. See also titles DETAINER; DISSEISIN; ABATEMENT OF RENT. This is an agreement to accept a less sum for rent than that comprised in the original agree ABATEMENT OF RENT-continued. ment. No parol agreement to make such an abatement is binding. Levinge v. O'Brien, 4 Ir. Jur. 22. ABATEMENT OF WRIT. This was the defeat or overthrow of a writ. Thus, in stat. 11 Hen. 6, c. 2, the words are, that the justices shall cause the said writ to be abated and quashed. So in Staundf. P. C. 148, it is said that an appeal shall abate and be defeated by reason of covin or deceit. ABATEMENT, PLEADINGS IN: See next title. ABATEMENT, PLEAS IN. These pleas, which were also called dilatory pleas, because they delayed for the time the further progress of the suit, or action, or prosecution, were pleas of some matter not material to the merits of the proceeding, but technically necessary or proper; and as such they were opposed to pleas in bar or peremptory pleas. They occurred either in civil or in criminal proceedings. I. In civil proceedings,-They were the (1.) To the jurisdiction of the Court; or (d) He is an attainted (3.) To the person of the defendant; or (c) He is misdescribed (4.) To the writ and action; and for merly (5.) On account of certain events happening, namely, (a) The demise of the sovereign, corrected by 1 Edw. 6, c. 7, and other subsequent statutes; (b) The marriage (of the cor(c) The death parties rected by C. L. P. Act, 1852, and Chancery Jurisdiction Act, 1852, and by the Judicature Acts, 1873-7 (see title ABATEMENT OF ACTIONS). II. In criminal proceedings, they are, generally speaking, the same; but under the statute 7 Geo. 4, c. 64, s. 19, no indictment or information is to be abated for mismomer, or addition, but the same shall |