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II. EQUITY LAW-continued.
Newton on Patents, 1 vol.
Yate Lee on Bankruptcy, 1 vol. (C.) Evidence.
Best on Evidence, 1 vol.
1 vol. (D.) Procedure. Daniel's Chancery Forms, 1 vol.
Practice, 2 vols.
Chancery, 1 vol.
vivor, 1 vol.
Seton on Decrees, 2 vols.
Burton's Compendium, 1 vol.
Estates, 1 vol.
2 vols. Sugden's Vendors and Pnrchasers,
1 vol. Tudor's Leading Cases, Convey
ancing, 1 vol. Williams's Personal Property, 1 vol.
Real Property, 1 vol.
on Executors and Administrators, 2 vols. Woodfall's Landlord and Tenant,
III. REAL AND PERSONAL PROPERTY-cont. (B.) Forms in Conveyancing.
Copinger's Index, Conveyancing, 1
dents, 1 vol.
and Jarman's Forms of
Broom's Constitutional Law, 1 vol.
Constitutional History, 3
Parliamentary Practice, 1 vol.
Austin's Jurisprudence, 2 vols.
Digest and Code, &c., 8 vols.
Ortolan's Justinian, 3 vols.
Clarke on Extradition, 1 vo).
national Law, 1 vol.
1 vol. Wharton's International Law, 1 vol. Wheaton's International Law, 1 vol.
History of same, 1 vol. Wolsey's International Law, 1 vol. VII. GENERAL DIGESTS AND REPERTORIES.
Blackstone's Commentaries, 4 vols.
Statutes, 4 vols.
Reports, 6 vols.
A NEW LAW DICTIONARY.
ABANDONMENT. This is a word of very general application, and bears in every instance of its use its natural or popular meaning. Thus, the abandonment of children, or their desertion and exposure, for the law as to which see R. v. Falkingham (L. R. 1 C. C. R. 222); also, the abandonment of a distress or of an execution, for the law as to which see titles DISTRESS and EXECUTION ; also, the abandonment of the excess of a claim in order to give jurisdiction to the County Court, for the law as to which see COUNTY COURT JURISDICTION, are so many uses of the word. For Abandonment in the law of Marine Insurance, see title MARINE INSURANCE; and see also two following titles.
ABANDONMENT OF LEGAL PROCEEDINGS. Such abandonment may either be coluntary, where the plaintiff does it of his own accord, or compulsory, where the defendant compels him either to abandon or to continue his action. The plaintiff may not voluntarily abandon his action, even although adverse, without first satisfying the defendant his costs (Pugh v. Kerr, 5 M. & W. 161). Under the C. L. P. Act, 1854, the application of the defendant to compel an abandonment is to be made on summons, 8. 92. In case the plaintiff voluntarily abandons his action, he should give prompt notice thereof to the defendant, in order to save further costs. See Pugh v. Kerr, supra.
ABANDONMENT OF RAILWAYS. See Abandonment of Railways Act, 1850 (13 & 14 Vict. c. 83), and the other Acts in Godefroi and Shortt's Law of Railway Companies.
ABATEMENT OF ACTIONS AND SUITS. As applied to actions or suits, this word denotes that for some cause or other the suit is become defective, and can no longer be proceeded with until such defect is remored. Various provisions have been made by recent statutes preventing or remedying ench abatements, -of these provisions the principal are the following :
1. C. L. P. Act, 1852, ss. 135-140, where the death of parties is or (but for that Act) would have been the cause of the abatement.
ABATEMENT OF ACTIONS AND SUITS
---continued. 2. C. L. P. Act, 1852, s. 141, where the marriage of a feme sole (party) is, or but for that Act) would have been, the cause.
3. Bankruptcy Act, 1869, s. 80, for the case of bankruptcy, and
4. Chancery Jurisdiction Amendment Act, 1852 (15 & 16 Vict. c. 86), s. 52, which enacts that upon any suit becoming abateid by death, marriage, or otherwise, or defective by reason of some change or transmission of interest or liability, it shall not be necessary to exhibit any bill of revivor or supplemental bill in order to obtain the usual order to revive such suit, or the usual or necessary decree to carry on the proceedings; but an order to the effect of the usual order to revive or of the usual supplemental decree may be obtained as of course upon an allegation of the abatement of such suit, or of the same having become defective, and of the change or transmission of interest or liability, such order to be served upon the successors in interest or liability, and (when the same is served, to have the effect of rendering such successors parties to the abated suit, with liberty nevertheless to discharge the order for sufficient cause assigned.
ABATEMENT OF NUISANCE. In the 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 samo (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 18 & 19 Vict. c. 121, 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. See also title NUISANCE.
ABATEMENT OF POSSESSION. This is ABATEMENT, PLEAS IN-continued. that species of injury to real property which misnomer, or addition, but the same shall is committed when a stranger, upon the be amended if the Court is satisfied by death of an owner in fee, enters upon and affidavit of the true name or description. takes possession of the land in exclusion of See Rex v. Shakspeare, 10 East, 83. the heir or devisee of such deceased owner.
Inasmuch as pleas in abatement are See also titles DISSEISIN; INTRUSION. odious, they must be certain to every inABATEMENT OF RENT. This is an
tent (2 Wms. Saund. 620), and must go so
far as to specify the true mode of procedure agreement to accept a less sum for rent than that comprised in the original agree
(Evans v. Stevens, 4 T. R. 227), and the ment. No parol agreement to make such
same rule holds good in criminal cases also an abatement is binding. Levinge v.
(O'Connell v. Reg. (in error), 11 Cl. & F.
155). O'Brien, 4 Ir. Jur. 22.
And so a plea in abatement for
non-joinder of defendants should mention ABATEMENT OF WRIT. This is the all the co-defendants who are not joined defeat or overthrow of a writ. Thus, in (Crellin v. Calvert, 14 M. & W.11). Every stat. 11 Hen. 6, c. 2, the words are, that the such plea must also be verified by affidavit justices shall cause the said writ to be (4 & 5 Anne, c. 16, s. 11), otherwise the abated and quashed. Soin Staundf. P. C. plaintiff may sign judgment (Poole v. 148, it is said that an appeal shall abate Pembrey, 1 Dowl. 692); and such affidavit and be defeated by reason of covin or must be delivered with the plea, unless an deceit.
extension of time be granted. The time ABATEMENT, PLEAS IN. These pleas,
for pleading is also very limited, being four which are also called dilatory pleas, be
days after declaration. Ryland v. Wormcause they delay for the time the further
wald, 5 Dowl. 581. progress of the suit, or action, or prosecu
Upon issue joined on a plea in abatetion, are pleas of some matter not material
ment, the judgment, when for the plaintiff, to the merits of the proceeding, but techni
may be of either of two kinds, namely,cally necessary or proper; and as such
(1.) Final, as when the issue is an issue
of fact; they are opposed to pleas in bar or peremptory pleas. They occur either in civil
(2.) Respondeat ouster, as when the
issue is one of law, or in criminal proceedings. I. Iu civil proceedings,—They are the
Large powers of amendment are, how. following:
ever, now given by the C. L. P. Acts, 1852 (1.) To the jurisdiction of the Court;
and 1854, in cases of the non-joinder or (2.) To the person of the plaintiff';
mis-joinder of parties ; for which see titles
MIS-JOINDER and NON-JOINDER.
Pleas generally, whether in bar or in or (c) an excommunicated
abatement, must be pleaded in the follow
ing order, which is invariable, namely,person; or (d) an attainted person,
(i.) To the jurisdiction; and such like;
(ii.) In abatement, (3.) To the person of the defendant;
(a.) To the person (1) of the plaintiff, as that (a) he is privileged ;
or (2) of the defendant, or (b) misnamed (mis
(6.) To the count, nomer);
(c) To the writ; or (c) misdescribed (addi
(iii.) In bar of the action. tion);
Pleading a plea in any one of these (4.) To the writ and action, and for
classes is a waiver of the right to plead in merly
any of the preceding classes.
See also title PLEA IN BAR. (5.) On account of certain events happening, namely, —
ABBAT, called also Abbot, was a spiritual (a.) The demise of the sovereign, lord, and an abbacy was the lordship with
corrected by 1 Edw. 6, c. 7, the revenues thereof and the spiritual and other subsequent sta- duties attaching thereto. In England, tutes;
abbats were either elective or presenta(6.) The marriage Sof the ?
tive; and again some abbats were mitred, (c.) The death 1 parties / rected
having episcopal authority, and not being by C. L. P. Act, 1852, and themselves subject to the jurisdiction of Chancery Jurisdiction Act, any diocesan, but others were unmitred, 1852.
and were subject to such jurisdiction. II. In criminal proceedings, they are, The mitred abbats alone were lords of pargenerally speaking, the same ; but under liament. It is supposed that there were the statute 7 Geo. 4, c. 64, s. 19, no indict- twenty-seven such parliamentary abbats. ment or information is to be abated for All the abbacies are supposed to have been
ABEYANCE-continued. founded between 602 and 1133. An abbat phrase denoting that the fee simple or trgether with his monks formed a convent, freehold which was in abeyance was meanand were a corporation. By statute 27 while under the care or protection of the Hen. 8, c. 28, the lesser monasteries were law. abolished, and by statute 31 Hen. 8, c. 13, There is no abeyance either of the fee the larger ones were dissolved also. simple or of the freehold in the case of
conveyances operating under the Statute ABDICATION. This is a renunciation
of Uses, for in these what is not given of office by some magistrate or other per
away remains in the grantor until it is so son in office before the natural expiration
given. thereof. Such a renunciation differs from a resignation of office, being usually pure
ABILITY TO PAY. Before any one and simple, whereas resignation is com- may be imprisoned at the present day under Donly in favour of some particular succes
the 32 & 33 Vict. c. 62 (The Debtors Act, sor. James II. was considered to have 1869), it is necessary (subject to the excepabdicated the Crown in 1688.
tions mentioned in s. 4 of the Act), that
the debtor should have had since the date ABDUCTION This word is commonly of the order or judgment the means to used of the criminal offence of carrying off pay the sum in respect of which he has females on account of their fortunes. See made default, s. 5 of the Act being substatute 9 Geo. 4, c. 31 ; but the law is now stituted for ss. 98 and 99 of the County comprised in 24 & 25 Vict. c. 100, ss. 53–4.
Court Act, 1816. Moreover, no imprisonAnd by the same statute (24 & 25 Vict.
ment under this section is to operate as a c. 100), s. 55, the unlawfully taking away
satisfaction or extinguishment of any debt any unmarried female under the age of or demand, or cause of action, or to desixteen years out of the possession and prive any person of any right to take out against the will of her parents or guardian execution against the lands or goods of is a misdemeanour; and under s. 56 of the the person imprisoned. samne Act the like offence in respect of an
ABJURATION. unmarried female under the age of fourteen
This is a foreswearing years is a felony.
or renouncing upon oath. To abjure the
realm was to take an oath to quit it for ABETTORS: See title AIDERS AND
ever, and such abjuring persons were and ABETTORS.
are civilly dead. So also to abjure the
Pretender was to take an oath disclaiming ABEYANCE This word as applied to all allegiance or obedience to him. The real property, whether estates or dignities, oath of abjuration is a natural issue from denotes that the same are in expectation, the duty of allegiance, but, apparently, was remembrance, or intendment of the law. not devised until after the Revolution of Abeyance is said to be of two sorts, being 1688, when the 7 & 8 Will. 3, c. 27, first either-(1) Abeyance of the fee simple, or imposed it in respect of temporal sove(2) Abeyance of the freehold. The first reigns at least. (See title PRÆMUNIRE, as is where there is an actual estate of free- to spiritual sovereigus.) More recently hold in esse, but the right to the fee simple, the oath of abjuration has been wrapped is suspended, and is to revive upon the up in the oath of allegiance prescribed by happening of some event; e.g. in the case the 21 & 22 Vict. c. 48, s. 1, which is of a lease to A, for life, remainder to the in these words: “I, A. B., do swear that right heirs of B. who is alive, the fee i I will be faithful and bear true allegiance simple is in abeyance until B. dies (Co. to Her Majesty Queen Victoria, &c., and I Litt. 342 b.) Similarly, during the incum- ! do faithfully promise to maintain, &c.” bency of each successive incumbent of a the succession to the Crown as settled by ebarch, he having only a freehold interest the Act of Settlement, 1701 (12 & 13 therein, the fee simple is in abeyance Will. 3, c. 2), “ hereby utterly renouncing (Liit. $ 641–6.) The second species of abey' and abjuring any obedience or allegiance arice, i.e. an abeyance of the freehold itself, unto any other person claiming or preoreurs on the death of an incumbent, and tending a right to the Crown of this realm; until the appointment of his successor and I do declare that no foreign prince, (Litt. s. 647.) But saving this one case, the person, prelate, state, or potentate, hath freehold is never in abeyance, and cannot or ought to have any jurisdiction, power, possibly be so.
superiority, pre-eminence, or authority, It was customary in speaking of a thing ecclesiastical or spiritual, within this in abeyance to say that it was “ in nubi- realm.” Under the Naturalization Act, bre" (which was rather a profane expres- 1870 (33 & 34 Vict. c. 14), s. 9, the sion, or “ in gremio legis” (Carter v. ! oath of allegiance leaves out the words of Barnardiston, 1 P. Wms. 516), ihe latter abjuration, being merely an expression of
ABJURATION- continued. the positive duty of allegiance to the Queen.
Formerly, i.e., in the time of Edward the Confessor, and the other succeeding sovereigns, down to the reign of James I., iť a person committed a felony he might obtain sanctuary in a church or churchyard; and there on confession of the crime, he might abjure the realın. But this privilege. growing into an abuse, the thing was abolished by 21 Juc. 1, c. 28, since which statute this kind of abjuration has ceased. 2 Inst. 629.
ABORTION. Under the statute 24 & 25 Vict. c. 100, s. 58, any woman being with child who with intent to procure her own miscarriage, unlawfully administers to herself any poison, or uses any instrument with the like intent, and any person other than the woman doing for her the like (whether or not the woman is with child), is guilty of felony; and by s. 59, the person supplying such poison or instrument with knowledge of the intended unlawful use thereof, is guilty of a misde
For the complete commission of this offence, the earlier statutes of 43 Geo. 3, c. 58, and 9 Geo. 4, c. 31, 8. 14, had required that the woman should be quick with child; but that is no longer a requisite. R. v. Goodhal, 2 C. & K. 293; R. v. Isaacs, 9 Cox, C. C. 228; Arch. Crim. Pl. and Evid. 711.
ABRIDGMENT. That is an epitonie. The principal abridgments of the law are the following ::-1516. Fitzherbert's Abridgment, going
down to 21 Henry VII. 1568. Brooke's “Grand Abridgment,”
going down to Elizabeth. Statham's Abridgment, going
down to Henry VI.
ABSCONDING DEBTOR. Under the Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 12, a bankrupt or liquidating debtor, who either after or within four months before the commencement of the bankjuptcy or liquidation, quits England, and wrongfully takes with him property to the amount of £20 or upwards, is guilty of felony. And under the statute 33 & 34 Vict. c. 76, intituled “The Absconding Debtors Act, 1870," such a debtor may be arrested, notwithstanding the abolition of arrest on mesne process by the Debtors Act, 1869 (32 & 33 Vict. c. 62), s. 6.
ABSENCE. In French law, where a person has absented himself from his residence and domicile for four years, and nothing has meanwbile been beard of him, a declaration of absence may be obtained against him (la déclaration d'absence), one year after the parties have applied for same, failing the success of the inquiries for him that are officially directed upon such application. The effect of such a declaration is to put his next of kin (héritiers présomptifs), into possession of his property, they giving security, and distributing the property accorling to the will of the absent person, or (in the case of intestacy), according to law. In case the absentee returns home, the next of kin are accountable to him, and return him a fifth part of the income if he returns before fifteen years, and one-tenth part if after fifteen years and before thirty: if after thirty, they return no part at all, and cease to be accountable, their security being discharged. The consort of such an absentee may re-marry, and the second marriage is not impeachable excepting by the absentee (personally).
ABSENTING HIMSELF. This conduct, if done with the intention of avoiding one's creditors, is an act of bankruptcy sufficient to found an adjudication of bankruptcy within the meaning of the Bankruptcy Act, 1869, s. 6.
ABSQUE HOC (without this). These were formal words made use of in the conclusion of a special traverse, and the traverse itself was thence frequently called a traverse with an absque hoc. These words were not essential to a special traverse, others of a similar import being sometimes used in their stead; their object was directly to deny some proposition or averment set forth in the plaintiff's declaration. By the C. L. P. Act, 1852, s. 65, it is enacted that special traverses shall not be necessary in any pleading.
See SPECIAL TRAVERSE.
This is an epitome of the vendor's evidence of ownership. It should commence with a purchase deed or marriage settlement; and if it commences with a will, proof of the testator's seisin or possession, or at any rate of his receipt of the rents and profits at the time of his decease, should be furnished. If the abstract commences with a disentailing deed (or fine or common recovery), then the creation of the entail which purports to be barred thereby ought to be shewn. The abstract should set forth in epitome every subsequent document relating to or affecting the title, excepting leases which have expired, but not excepting mortgages, although the money hus