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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.
Ab invito. Against one's will.
Ab irato. In anger.

ABACTOR

ABSENTEM

Abactor. A cattle thief.
Abalienate. To transfer interest or

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.

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