BALLENTINE'S LAW DICTIONARY. A A aver et tener. To have and to hold. A coelo usque ad centrum. From the sky to the center of the earth. A communi observantia non est recedendum. From common observance there should be no de parture. A consiliis. Of counsel. A datu. From the date. A digniori fieri debet denominatio A designation should be made from the more fitting. A digniori fieri debet denominatio et resolutio. The designation and explanation ought to be made from the more fitting. A fortiori. By the stronger reason; all the more. A gratia. By gratuity. A latere. Collateral. A l'impossible nul n'est tenu. No one is bound to do the impossible. A luy et a ses heires a touts jours. To him and to his heirs forever. A mensa et thoro. From bed and board. A nativitate. From birth. A non posse ad non esse sequitur. argumentum necessarie negative. The negative inference necessarily follows from impossibility to nonexistence. What cannot be is not. A piratis et latronibus capta dominium non mutant. Title to the booty of pirates and robbers does not change. See 1 Kent's Comm. 108, 184. A posteriori. From a subsequent viewpoint. A prendre. To take. A priori. From a prospective view point. A quo. From which. A rendre. To render, Law Dict.-1 A rescriptio valet argumentum. An argument based upon original writs in the record will prevail. A retro. In arrears. A rubro ad nigrum. From the red title of a statute to the black body thereof. A. S. R. American State Reports. A summo remedio ad inferiorem actionem non habetur regressus, nequo auxilium. One cannot resort to an inferior remedy after having pursued the highest one. See 3 Bl. Comm. 193, 194. A tempore cujus contrarii memoria non existet. From the time when no memory to the contrary exists. A verbis legis non est recedendum. From the words of the law there should be no departure. A vinculo matrimonii. From the bonds of matrimony. Ab abusu ad usum non valet con sequentia. Conclusions as to use cannot be drawn from abuse. Ab agendo. Incapacitated. Ab ante. In advance. Ab antecedente. In advance. Ab antiquo. From ancient time. Ab assuetis non fit injuria. The violation of a legal right is not effected by acquiescence. Ab extra. From without. See 14 Mass. 151. Ab inconvenienti. From inconveni ence. Ab initio. From the beginning. See 1 Bl. Comm. 440. Ab initio mundi. From the begin ning of the world. Ab intestato. From one who has died leaving no will. See 2 Bl. Comm. 490, 516. ABACTOR ABSENTEM Abactor. A cattle thief. title. Abandon. To relinquish title or in terest; to surrender or give up. See 44 Mass. 257. Abandonee. One to whom property or rights are relinquished or aban doned. Abandonment. Relinquishment of right, title or claim. See 24 Tex. 417. Desertion of relative one is bound to support. Relinquishment of ship and cargo to settle ship’s liability. Abandonment for torts or wrongs. The relinquishment of an animal or a slave in settlement of lia bility. Abatement. Plea in abatement. A plea interposed for delay, or a plea to the jurisdiction or to the per 80:25. Suspension or determina. tion of an action by death, insanity or other disability of a party to the action. A proportionate reduction of the debt or legacy due where the fund or the estate is insufficient to meet full pay. ment. See 79 Va. 648. Abatement of freehold. Wrongful entry and taking possession of real property by a stranger, before the heir or devisee has entered. See 25 Ohio St. 260. Abatement of nuisance. The ex tinction or removal of a nuisance by physical means or by suit. See 50 Ga. 130. Abator. A stranger who enters and takes possession in the abatement of a freehold. Abbacy. The rights and privileges of an abbot. Abettor. One who abets. Abettator. Abettor. Abbrevatio placitorum. An abstract of ancient judicial records prior to the Year-books. Abbreviate of adjudication. Ab stract of judgment. Abbreviationum, ille numerus et sensus accipiendus est, ut con cessio non sit inanis. In abbreviations, that number and sense should be taken which will not avoid the grant. Abbroachment. See Abbrochment. Abbrochment. Forestalling. See Forestalling. Abduction. Unlawful taking away or detaining of a female. See 7 Am. St. Rep. 391. Abearance. Behavior. See 4 BI. Comm. 251, 256. Aberemurder. Murder in the first degree. Abet. To aid, counsel, assist, pro cure, or facilitate in the commission of an act. See 25 S. W. (Tex.) 994. Abeyance. Suspension. See Bl. Comm. 107. Abigeatore. Cattle thief. Abigeatus. Cattle-stealing. Abigei. Cattle-stealers. See 4 Bl. Comm. 239. Abigeus. Cattle-stealer. Abitrement. See Arbitrium. Abjuration of the realm. Voluntary banishment. See 4 Bl. Comm. 332. Abjure. To renounce by oath. Ablocatio. A lending of money. Abortion. An unlawful premature delivery of a child. About. Approximation to exact ness; March 27th held not to be “about April 1st.” See 17 Ann. Cas. 741. About to. In the act of; on the point of; signifying present ac tion. See Ann. Cas. 1913A, 386. Abridgment of damages. The reduc tion of damages by order of court. Abrogate. To make void; to annul. Absence. An officer's absence to en title his substitute to act for him is absence on an occasion demanding immediate exercise of his powers. See Ann. Cas. 1912C, 350, Absentem accipere debemus eum qui non est eo loci in quo petitur. We ought to consider him absent who is not in the place where he is sought. ABSENTIA ACCESSORY Absentia ejus qui reipublicae causa abest, neque ei neque alii damnosa esse debet. One's absence on af. fairs of the state is not to operate to his disadvantage. Absoluta sententia expositore non indiget. Clear sense requires no explanation. Absolute acceptance. Unqualified as sent of drawee to liability on a bill of exchange. Absolute conveyance. A convey. ance free from conditions. Absolute covenant. An uncondi tional covenant. Absolute estate. An estate without condition. Absolute rule, or rule absolute. A. rule or order of court commanding something to be done, without con ditions. Absolute owner. Two persons own ing shares in severalty are each an absolute owner. See 18 L. R. A. 481. Absque. Without. Absque aliquo inde redendo. With out reservation of rent. Absque consideratione curiae. With out the consideration of the court. Absque hoc. Without this. An in troductory term used at the beginning of the negative part of a plea. See 8 Pa. 270. Absque impetitione vasti. Without impeachment of waste. Signifying the tenant's nonliability for waste. Absque tall cause. Without such cause. Abstract of a fine. An abstract of the writ of covenant and the concord, naming the parties, the parcels of land, and the agreement. Black. See 2 Bl. Comm. 351. Abstract of judgment. A brief transcript of the essentials of a recorded judgment. Abstract of title. A synopsis or brief showing the claim of title to a parcel of land as it appears of record. See 3 Minn. 94. Abundans cautela non nocet. Abundance of caution does not harm. Abuse of process. Wrongful use of the process of a court. See 58 Am. St. Rep. 434. Ac etiam. And also. Ac si. As if. Accedas ad curiam. A chancery writ directing the removal of a replevin suit to the superior court. Accedas ad vice comitem. A writ directed to the coroners to compel a sheriff to make return of a writ. Acceleration. Shortening of the time within which a future estate is to vest. Acceptance. The actual or implied receipt and retention of that which is tendered or offered. The acknowledgment of or assent to liability on a bill of exchange by the drawee. See 138 Am. St. Rep. 1102. Acceptare. To accept. Acceptor supra protest. The accep tor of a bill of exchange which has been protested. Access. Right of way from one's land to highway, Accessary. Same as Accessory. Accession. The addition of a lesser thing to a greater, either by nature or by man. See 24 Ky. 454, 19 Am. Dec. 104. A nation's ac ceding to a treaty. Accessorius sequitur naturam sui principalis. An accessory follows the nature of his principal. Accessorium non ducit, sed sequi. tur suum principale. That which is accessory does not lead, but fol lows the principal. Accessory. One who aids or abets the commission of a crime and is absent at the time. See 5 Am St. Rep. 512. Accessory after the fact. One who knowing that another has committed a felony, relieves, comforts or assists him. See 26 Ted. Cas. (U. S.) 196. ACCESSORY ACCUMULATIVE Accessory before the fact. An ac cessory who acts prior to the commission of the crime. See 26 Fed. Cas. (U. S.) 196. Accessory contract. A contract sub ordinate to the main or principal one. Accident. Held to include the re sult of human actionable fault or negligence and not synonymous with "purely accidental” or “mere accident.” See 59 Am. St. Rep. 644, 56 L. R. A. 246. Accidental. Happening by chance, unexpectedly taking place, not according to usual course, not as ex pected. See 9 L. R. A. 685, note. Accidental means. Injury from as sault and battery not by accidental means. See 5 L. R. A. (N. S.) 657. Accipere quid ut justitiam facias, non est tam accipere quam extorquere. The acceptance of something for doing justice is not so much an acceptance as an extor tion. Accola. A farmer; a tenant. Accomenda. A contract by which a shipmaster agrees to sell goods of the shipper for their joint ac count. Accommodation. An obligation as sumed gratis. Accommodation paper. Negotiable paper upon which a maker or in dorser assumes liability gratis. Accommodation road. A road for access to private property; a spur track. Accomplice. One so connected with the crime that at common law he might himself have been convicted either as principal or as an accessory before the fact. See Ann. Cas. 1913A, 771; also 20 Am. St. Rep. 163 and 39 L. R. A. (N. S.) 704, and note. Accommodation lands. Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent.-Black. Accord and satisfaction. The ad justment of a disagreement as to what is due from one to another, and the payment of the agreed amount. See 62 L. R. A. 760. Accord executory. Defined and dis tinguished from a novation in 32 L. R. A. (N. S.) 1134, and note. Account. A written statement show ing the items of debit and credit between one party, and another with whom he has had dealings. See 1 Met. (Mass.) 216. A common-law writ or action which a creditor could enforce against his debtor under a duty to render him an account. Account-current. An open or run. ning account. Account stated. An account sub mitted by a creditor to his debtor and by the latter acknowledged to be correct. See 54 Am. St. Rep. 93. Accountant. One who has rendered an account. Accounting. The rendition of an account. Accouple. Married. Accredulitare. To clear one of an accusation by means of an oath. Accrescere. To grow. Accretion. To increase a quantity of land by means of alluvion or dereliction. See 22 Am. St. Rep. 195. Accroach. To assume royal powers without right. See 4 Bl. Comm. 76. Accrue. To accumulate and become a part of something, as accrued interest on a principal sum; to ripen or spring into existence, as a right of action. See 10 Watts (Pa.), 363. Accrued water rights. Meaning within U. S. Rev. Stats., 88 2339, 2340, U. S. Comp. Stats. 1901, p. 1437, 7 Fed. Stat. Ann., pp. 1090, 1096, defined where jurisdiction had not recognized doctrine of prior appropriation. See 70 L. R. A. 971. Accumulative legacy. One which is given in addition to a prior bequest. |