A New Law Dictionary and Glossary

Fr. [L. Lat. hahendum et tenendum.'] To have and to hold. Litt. sect. 628, 524. A aver et iener a luy et a ses heires, a touts jours; to have and to hold to him and his heirs for e

Lat. A notary, clerk, or actuary; one who keeps, or has charge ofocto, public registers, journals, or records. See Acta, This, and the similarly formjed epithets a cancel Us, h sec

Lat [from abigere, to drive away.] In the Roman law. A driver away of cattle and other animals; one who drove away cattle from the herd, or smaller animals in numbers, with the mte

Lat. [from ab, from, and alienatio, a transfer.] In the Roman law. The transfer, conveyance, or alienation of property from one person to another. This compound term occurs frequen

Lat. In the civil law. A great great grandfather's sister, {ahavi soror.) Inst, 3. 6. 4. Printed in Bracton abavita. Bract, (ed. 1669,) fol. 68 b.

[Lat. cessio, derelictio, destitutio.] The relinquishment, cession, or surrender of a right, or of property, by one person to, or for another. See Cession. The giving up a thing ab

Lat. In advance. Story, J., I Sumner's B. SOQ.

Lat. From burning. The word arson is said to be derived ab ardendo; from ardendoy I. e. from burning. 4 Bl. Com. 220. See Arson, Ab aaaaetia BdH lit Injaria. From things to which o

Lat. [from Sax. a6arian, to imcover, disclose, or make bare.] To detect, discover, or disclose any secret crime. LL. Hen. /. c. 91. Cowell, Abarnatus; discovered, detected. LL. Can

Lat. [fromoiatare, q. v.] An abatement of freehold; an entry upon lands by way of interposition between the death of the ancestor, and the entry of the heir. Co. Litt. 277 a. Yelv.

Lat. [from Fr. abater, q. v.] To abate. Abatavit; she abated. Yelv. 151. See Abate.

[L.Lat. abatam^ntum.] The act of abating; the state of being abated. See Abate; and infra. Abatemsnt of a nuisance. The taking away of a nuisance by pulling, cutting, or breaking i

Abatre. L.Fr. To beat down, overthrow, or demolish. Stat. Westm. 1. c. 17. ^t%e Abate. To abate, or quash. // n'est reason de abater le brief; it is no reason for quashing the writ

One who abates; one who removes a nuisance; one who enters upon land by way of interposition, before the entry of the heir, or person lawfully entitled. Litt. sect 475. Co. Litt 27

Lat. Diminished. Moneta abatuda; money clipped, or diminished in value. Dufresne.

Abatu. L. Fr. [from abater, q. v.] Beaten or thrown down. Bois abatu; wood cut or fallen. Kelham. Abated, quashed. Un briefe fuit abatu. A writ was quashed. Reg. Orig. 97 b, nota.

Lat. In the civil law. A great great grandmother. Inst. 3. 6. 2. j Sract. fol. 68 b.

A great great ffrandfather*s sister. Bract, fol. 68 b. This is a misprint for ahamita, (q. v.)

Lat. In the civil law. A great great grandmother's brother; {abavicB /rater.) Inst. 3. 6. 4. Bract, fol. 68 b. Called by Bracton abavunculus magnu8. Id. ibid.

Lat. In the civil law. A fljeat great grandfather. Inst. 3. 6. 2. Bract, fol. 67 a.

Fr. Abeyance. See Abeyance.

In criminal law. The form or ceremony of calling a prisoner to the bar, and (in treason or felony) making him hold up his hand, or otherwise own himself to be the party charged; re

Arrainare. L. Lat. To arraign; to conduct in an orderly manner; to prosecute, institute or bring. Assisam arrainare; to bring an assise, (an action so called.) In assisa quam idem

Lat. An abbess. Beg. Jud. 4 b.

Abettare. L. Lat. To abet. Rast. Entr. 54. Abettasse et procurasse; to have abetted and procured. Reg. Orig. 131 a. See Abet.

Lat. Abetment. Beg. Orig. 270 a. Stat. Westm. 2, c. 12. See Abetment.

Lat. An abbreviation. Abbreviationum ille numerus et sensus accipiendus est, ut concessio non sit inanis. In abbreviations, that number [whether singular or plural,] and that sense

A short or contracted mode of writing, veiy common in old records, law treatises and reports, especially those in Latin and French, and still used to a limited extent in the practi

Abrocamentum. L. Lat. Abbrochment, or abroachment. Spelman. See Abbrochment.

^6roc Am«n<,^&roac Ament. [L.Lat. abrocamenfvm; from abroch, or abroach. Sax. abrcccan, to break.] The buying up of goods by wholesale, {emptio mercium integrarum,) before they are

[Lat. abdicatio, from abdicare, to renounce!] The renunciation or relinquishment of an office, either formally and expressly, or by actions inconsistent with the proper discharge o

Lat. [from abdere, to hide.] A place to hide and preserve goods, plate or money; an abditory. 3 Mon. Angl. 173. Cowell.

Lat. To lead away; to carry away. Abduxit; he led away. Applied in old writs to the taking of live animals, as distinguished from asportavit, (q. v.) F. N. B. 86 A. note. See Cepit

[Lat. abductio, from abducere, to lead away.] In criminal law. The offence of taking away a man's wife, child or ward, by fraud and persuasion, or open violence. 3 Bl. Com. 139-141

Abearing. [from abear, or bear, to behave; L. Lat. gestura.] In old English law. Bearing or carriage; deportment, conduct or behaviour. 4 Bl. Com. 256. See Good abearance.

Ahbes Bement, Abbasaement. L. Fr. A lowering, lessening, abatement. Kelham.

[Sax. oeberemord, or ikeresmord, from (jebere, evident or open, and mord, killing, murder: L. Lat. aheremurdrum, apertum murdrum.'] In Saxon law. Plain or apparent murder, open kil

[from Sax. a, on, or onward, and betan, or gebetan, to stir up, or excite; L. Lat abettare.] In criminal law. To encourage, set on, stir up, or excite to commit a crime. Spelman, v

[L. Lat. abettum, abettamentum; L. Fr. abette.] In old criminal law. An encouraging, or instigation. Staundf. Pl. Cor. 105. Cowell. Blount.

[L. Lat. abettator, abbettator.] In criminal law. An instigator, or setter on, (incitator;) one who promotes or procures a crime to be committed; one who commands, advises, instiga

Abeiance, Abbayance, Abbaiaunce. L. Fr. <fe Eng. [from Fr. bayer, or abbayer, to expect, to wait for earnestly, to gape after, to bay at; L. Lat. abeyantia^ In the law of estates.

Lat. Abeyance. Spelman. See Abeyance, ABtATICUS, Awk Hcia. L. LM. In feudal law. A grandson; the son of a son. Spelman. Lib. Feudorum, cited ibid.

Lat. To cany away. dpit et abcariavit: he took and carried airaj. Dyer, 70 a.

Lat. [from abigere, to drive away.J In the civil law. The offence of stealing, or driving away cattle. Dig, 47. 14. 2. See Abigere, Abigeus*

Lat. Plural of Abigeus, (q.v.) 4 BL Com, 239.

Lat. [from ab, from, and agere, to drive.] In the civil law. To drive away. Applied to those who drove away aninoals with the intention of stealing them. Dig, 47, 14, de abigeis. A

Abigevus, Abigeator, Abactor. Lat. [from abigere, to drive away.] In the civil law. A stealer of cattle: one who drove, or drew away [subtraxit) cattle from their pastures, as hors

Lat. From thence. Towns. PL 22, Applied to place only. Jd. ibid.

Lat. From the beginning; from the first act. A party is said to be a trespasser ab initio, an estate to be good ab initio, an agreement or deed to be void ab initio, a marriage to

Lat. In the civil law. From an intestate, from the intestate; in case of intestacy. Haereditas ab intestato; an inheritance derived from an intestate. Inst. 2. 9. 7. Successio ab i

{properlj Misher sing.) In old English law. A freedom or immunity from forfeitures, or amercements. Spelman. See Afishersing.

Lat. In old laws. To forfeit one's recognizance, (vadimonium deserere;) to neglect a plea or suit, (placitum negligere;) to fail in an action, (deficere in lite;) to lose a cause b

Lat. [from ab, out of, and judicare, to adjudge.] To deprive of a thing by the judgment of a court; the same with forisjudicare, (q. v.) Ubi custos abjudicatus est de custodia sua;

Lat. [from aljudicare, q. v.] The deprivmg of a thing by the judgment of a court; a putting out of court; the same SLsforisjudicatio, lorjudgmeut, foTJudger. Fleta, lib, 2. c. 43,

Lat. [from a6, from, and jurare, to swear; L. Fr. forjurer.] To swear from; to swear to give up, or leave a thing, or place; to renounce or abandon by, or upon oath; to forswear. A

[Lat. ahjuratio, from abjurare, q. v.] A renimciation or abandonment by, or upon oath; the taking or ma- ' king oath to leave a place. Abjuration in this sense, in English law, usu

[L. Lat. abjurare; L. Fr. forjurer.] To renounce, or abandon, by, or upon oatn. See Abjurare, Abjuration.

Lat. In the civil law. A great great grandmother's sister, {abavicB soror.) Inst. 3. 6. 4. Bract, fol. 68 b.

Lat. In the civil law. A great great grandson. Inst. 3. 6. 2.

Lat. In the civil law. A great great granddaughter. Inst. 3. 6. 2. ABOI4ITION. In old practice. A destroying, or putting an end to an action or prosecution. Leave given to a crimin

(Gr. &gx^iow6fiia,) 9ive deprueU Anglorum hgihus. Tbe title of a collectioii of Saxon laws, made by Mr. Lambard in tbe time of Queen £lizabetb» and to wbicb additions were made by

In criminal law. The premature exclusion of the human foetus, after the period of quickening; which when procured or produced with a malicious design or for an unlawful purpose, is

Fr. An abutment, or abuttal. See Abuttal.

Lat. In the civQ law. A great great grandfather's brother, {abavi frater.) Inst. 3. 6. 4. Bract, fol. 68 b. Called by Bracton abpatruus niagnus. Id. ibid.

Lat. An old Latin word of frequent occurrence in Bracton, and constantly applied to the ancient proceeding by assise; usually translated by the modem word arraign; arramare having

Lat. [from abradere, to scrape off.] A scrapmg off; erasure in a writ. Bract, fol. 413 b. Abrasus; erased. Id. ibid.

[from Fr. abreger; L. Lat. abbreviare.] In old practice. To make shorter; not, however, in words only, as in the popular sense, retaining the substance, but by subtracting, severin

Fr. A broker. ITelham. See Broker.

Lat. [from ab, from, off, or away, and rogare, to propose or pass.] In the civil law. To take away, annul or repeal; to abrogate. Rogare legem, among the Romans, signified to propo

[Lat. abrogare, q. v.] To undo what has been done in passing a law; to annul a law by an act of the same power which made it; to annul by an authoritative act; to repeal. See Abrog

[from Lat. abscmdere, to hide away.] To hide or conceal one's self, to keep close; to go away privately. Applied to a debtor who clandestinely. withdraws from the place of his resi

In^cotch law. Want, or default of appearance. A decree is said to be ill absence where the defender [defendant] does not appear. Wharton's Lex. Ersk. Inst. b. 4, tit. 3, § 6. See D

[Fr. absent; Lat, absens.] One who is away from his domicil, or usual place of residence. Bouvier. One who has resided in the state, and has departed without leaving any one to rep

Absoller, Absouldre, Absodre. L. Fr. [from Lat. absolvere.] To absolve, acquit, forgive, pardon. Hence the old English assoil.

Lat. Absolute, complete, without exception, or condition. Absoluta sententia expositore non indiget. An absolute sentence or proposition, [one that is plain without any scruple, or

[Lat. absolutum, absoluta, absolutus; from absolvere, to discharge, or perfect.] Complete and perfect in itself, without relation to, or dependence on other things or persons; as a

A conveyance by which the right or property in a Ihmg is transferred, free of any condition, or quahficalion, by which it might be defeated, or changed; as an ordinary deed of land

An estate in lands not subject to, or defeasible upon any condition.* See Estate upaii condition.

Completely, wholly; without qualification; without reference or relation to, or dependence upon, any other person, thing or event. To give property to a person absolutely, is to cr

Full, and complete ownership of chattels in possession, as distinguished from that of a special, qualified, or temporary kind. 2 Bl. Coin. 388. 2 Steph. Com. 73. 2 Kent's Com. 347.

Those rights which belong to natural pei*sons, as individuals, in contradistinction to tliose which arise from the civil and domestic relations; consisting of the right of personal

In practice. A rule of court commanding something to be done absolutely, and at all events, as distinguished from a rule nisi, which commands something to be done, unless cause be

In Scotch law. A warranty against all incumbrances whatever. 1 ^ ^^" Karnes ' Equity, 2'^'-'.'" oon 290, 293.

Lat. To detest and avoid. Cowell.

Lat. Without. Absque generali senatus et populi conventu et edicio; without the general convention and order of the council and people. Will, of Malma. lib. 3. 1 Bl. Com. 199. ABSQ

Lat. Without this; (absque hoc quod, &c.; without this that, (fee.) In pleading. Technical words of denial, made use of in pleading by way of special traverse; which is hence somet

In old conveyancing. One of the parts of a fine, bemg an abstract of the writ of covenant, and the concord, naming the parties, the parcels of land, and the agreement. 2 Bl. Com. 3

In conveyancing. An abstract or summary of the most important parts of the deeds, and other instruments composing the evidences of a title to real estate; arranged usually in chron

[L. Lat. abuttare; from Fr. abutter, abouter, to limit or bound, from bout, an end or limit, butt or mark.] To thrust forth the end, (finem exerere;) to meet; to come up to a mark

Lat. Abuttalled. Toums, PI. 26.

Lat. To abut. Abuttans; abutting. Spelman. Towns, PL 26, 49.

Acapitare, Acaptare. L. Lat. [from caput, head, or chief.] To pay homage to a chief lord, on becoming his vassaL Bract, fol. 78 a. 389 a. Fleta, hb. 2, c. 50. To pay a re Uef to a

Lat. Money paid by a vassal upon his admission to a feud; the relief due to the chief lord. Whiskate. See Aceapitare.

L. Lat. (You go to the sheriff.) A writ formerly directed to the coroners of a county in England, commanding them to go to the sheriff, where the latter had suppressed and neglecte

Lat. [from ad, to, and cedere, to go, to belong or appertain, to yield to, as incident or secondary.] In the civil law. To go to, or with; to be added, or increased. Less used than

[Lat. acceptatio, from acceptare, to accept.] A receiving with approbation, or satisfaction; or, in the language of the old books, "a taking in good part." Termes de la ley. Cowell

Lat. To accept. Acceptavit; he accepted. 2 Stra, 817. Non acceptavit; he did not accept. 4 Man, d: Gr,1.

Lat. [from aecepturn, a thing received, and latio, a putting down.] In the civil law. A holding, considering, or acknowledging as received. A form of releasing one from an obligati

[Lat. access^is, q. v.] Approach, or means of approach; opportunity of intercourse, as between husband and wife. 1 Bl, Com, 457.

Lat. Accessary; an accessary. Towns. PI. 49. See Accessorius.