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BALLENTINE'S

LAW DICTIONARY.

common

A A aver et tener. To have and to A rescriptio valet argumentum. An hold.

argument based

upon original A coelo usque ad centrum. From writs in the record will prevail.

the sky to the center of the earth. A retro. In arrears. A communi observantia non est A rubro ad nigrum. From the red recedendum. From

ob- title of a statute to the black body servance there should be no de- thereof. parture.

A. S. R. American State Reports. A consiliis. Of counsel.

A summo remedio ad inferiorem A datu. From the date.

actionem non habetur regressus, A digniori fieri debet denominatio nequo auxilium. One cannot re

A designation should be made sort to an inferior remedy after from the more fitting.

having pursued the highest one. A digniori fieri debet denominatio See 3 Bl. Comm. 193, 194.

et resolutio. The designation and A tempore cujus contrarii memoria explanation ought to be made non existet. From the time when from the more fitting.

no memory to the contrary exists. A fortiori. By the stronger reason; A verbis legis non est recedendum. all the more.

From the words of the law there A gratia. By gratuity.

should be no departure. A latere. Collateral.

A vinculo matrimonii. From the A l'impossible nul n'est tenu. No bonds of matrimony.

one is bound to do the impossible. Ab abusu ad usum non valet conA luy et a ses heires a touts jours. sequentia. Conclusions as to use To him and to his heirs forever.

cannot be drawn from abuse. A mensa et thoro. From bed and Ab agendo. Incapacitated. board.

Ab ante. In advance. A nativitate. From birth.

Ab antecedente. In advance. A non posse ad non esse sequitur, Ab antiquo. From ancient time.

argumentum necessarie negative. Ab assuetis non fit injuria. The The negative inference necessarily violation of a legal right is not follows from impossibility to non- effected by acquiescence.

existence. What cannot be is not. Ab extra. From without. See 14 A piratis et latronibus capta do- Mass. 151. minium non mutant. Title to the Ab inconvenienti. From inconvenibooty of pirates and robbers does ence. not change. See 1 Kent's Comm. Ab initio. From the beginning. See 108, 184.

1 Bl. Comm. 440. A posteriori. From subsequent Ab initio mundi. From the beginviewpoint.

ning of the world. A prendre. To take.

Ab intestato. From one who has A priori. From a prospective view- died leaving no will. See 2 Bl. point.

Comm. 490, 516. A quo. From which.

Ab invito. Against one's will. A rendre. To render,

Ab irato. In anger.
Law Dict. -1

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ABACTOR

ABSENTEM

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Abactor. A cattle thief.

cessio non sit inanis. In abbreviaAbalienate. To transfer interest or tions, that number and senso title.

should be taken which will not Abandon. To relinquish title or in

avoid the grant. terest; to surrender or give up. Abbroachment. See Abbrochment. See 44 Mass. 257.

Abbrochment. Forestalling. See Abandonee. One to whom property

Forestalling. or rights are relinquished or aban

Abduction. Unlawful taking away doned. Abandonment. Relinquishment of

or detaining of a female. See 7 right, title or claim. See 24 Tex.

Am. St. Rep. 391. 417. Desertion of relative one

Abearance. Behavior. See 4 BI. is bound to support. Relinquish

Comm. 251, 256. ment of ship and cargo to settle

Aberemurder. Murder in the first ship's liability.

degree. Abandonment for torts or wrongs.

Abet. To aid, counsel, assist, proThe relinquishment of an animal cure, or facilitate in the commisor a slave in settlement of lia- sion of an act. See 25 S. W. bility.

(Tex.) 994. Abatement. Plea in abatement. A Abeyance. Suspension. See BI.

plea interposed for delay, or a plea Comm. 107.
to the jurisdiction or to the per- Abigeatore. Cattle thief.

Suspension determina- Abigeatus. Cattle-stealing. tion of an action by death, in- Abigei. Cattle-stealers. See 4 Bl. sanity or other disability of a Comm. 239. party to the action. A proportion- Abigeus. Cattle-stealer. ate reduction of the debt or legacy Abitrement. See Arbitrium. due where the fund or the estate Abjuration of the realm. Voluntary is insufficient to meet full pay- banishment. See 4 Bl. Comm. 332. ment. See 79 Va. 648.

Abjure. To renounce by oath. Abatement of freehold. Wrongful Ablocatio. A lending of money.

entry and taking possession of real Abortion. An unlawful premature property by a stranger, before the delivery of a child. heir or devisee has entered. See About. Approximation to exact25 Ohio St. 260.

ness; March 27th held not to be Abatement of nuisance. The

"about April 1st.” See 17 Ann. tinction or removal of a nuisance Cas. 741. by physical means or by suit. See About to. In the act of; on the 50 Ga. 130.

point of; signifying present acAbator. A stranger who enters and tion. See Ann. Cas. 1913A, 386.

takes possession in the abatement Abridgment of damages. The reducof a freehold.

tion of damages by order of court. Abbacy. The rights and privileges Abrogate. To make void; to annul. of an abbot.

Absence. An officer's absence to enAbettor. One who abets.

title his substitute to act for him Abettator. Abettor.

is absence on an occasion demandAbbrevatio placitorum. An abstract ing immediate exercise of his

of ancient judicial records prior powers. See Ann. Cas. 1912C, 350, to the Year-books.

Absentem accipere debemus eum qui Abbreviate of adjudication. Ab- non est eo loci in quo petitur. We stract of judgment.

ought to consider him absent who Abbreviationum, ille numerus et is not in the place where he is sensus accipiendus est, ut con- sought.

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ABSENTIA

ACCESSORY

Absentia ejus qui reipublicae causa Abundans cautela non

nocet. abest, neque ei neque alii damnosa Abundance of caution does not esse debet. One's absence on af. harm. fairs of the state is not to operate Abuse of process. Wrongful use of to his disadvantage.

the process of a court. See 58 Absoluta sententia expositore non Am. St. Rep. 434.

indiget. Clear sense requires no Ac etiam. And also. explanation.

Ac si. As if. Absolute acceptance. Unqualified as

Accedas ad curiam. A chancery writ sent of drawee to liability on a bill of exchange.

directing the removal of a replevin

suit to the superior court. Absolute conveyance. A convey- Accedas ad vice comitem. A writ ance free from conditions.

directed to the coroners to compel Absolute covenant. An uncondi- a sheriff to make return of a writ. tional covenant.

Acceleration. Shortening of the Absolute estate. An estate without time within which a future estate condition.

is to vest. Absolute rule, or rule absolute. A Acceptance. The actual or implied

rule or order of court commanding receipt and retention of that something to be done, without con- which is tendered or offered. The ditions.

acknowledgment of or assent to Absolute owner. Two persons own- liability on a bill of exchange by

ing shares in severalty are each an the drawee. See 138 Am. St. Rep. absolute owner. See 18 L. R. A. 1102. 481.

Acceptare. To accept. Absque. Without.

Acceptor supra protest. The accepAbsque aliquo inde redendo. With- tor of a bill of exchange which out reservation of rent.

has been protested. Absque consideratione curiae. With Access. Right of way from one's

out the consideration of the court. land to highway. Absque hoc. Without this. An in- Accessary. Same as Accessory.

troductory term used at the begin- Accession. The addition of a lesser ning of the negative part of a thing to a greater, either by naplea. See 8 Pa. 270.

ture or by man. See 24 Ky. 454, Absque impetitione vasti. Without 19 Am. Dec. 104. A nation's ac

impeachment of waste. Signify- ceding to a treaty. ing the tenant's nonliability for Accessorius sequitur naturam sui waste.

principalis. An accessory follows Absque tali cause. Without such the nature of his principal. cause.

Accessorium non ducit, sed sequi. Abstract of a fine. An abstract of tur suum principale. That which

the writ of covenant and the con- is accessory does not lead, but folcord, naming the parties, the par- lows the principal. cels of land, and the agreement. Accessory. One who aids or abets Black. See 2 Bl. Comm. 351.

the commission of a crime and is Abstract of judgment. A brief absent at the time. See 5 Am St.

transcript of the essentials of a Rep. 512. recorded judgment.

Accessory after the fact. One who Abstract of title. A synopsis or knowing that another has com

brief showing the claim of title to mitted a felony, relieves, comforts a parcel of land as it appears of or assists him. See 26 Ted. Cas. record. See 3 Minn. 94.

(U. S.) 196. 3

ACCESSORY

ACCUMULATIVE

run

Accessory before the fact. An ac- Accord and satisfaction. The ad

cessory who acts prior to the justment of a disagreement as to commission of the crime. See 26 what is due from one to another, Fed. Cas. (U. S.) 196.

and the payment of the agreed Accessory contract. A contract sub

amount. See 62 L. R. A. 760. ordinate to the main or principal

Accord executory. Defined and dis

tinguished from a novation in 32 one.

L. R. A. (N. S.) 1134, and note. Accident. Held to include the re

Account. A written statement showsult of human actionable fault or

ing the items of debit and credit negligence and not synonymous

between one party, and another with “purely accidental” or “mere

with whom he has had dealings. accident." See 59 Am. St. Rep.

See 1 Met. (Mass.) 216. A com644, 56 L. R. A. 246.

mon-law writ or action which a Accidental. Happening by chance, creditor could enforce against his

unexpectedly taking place, not ac- debtor under a duty to render him cording to usual course, not as ex- an account.

pected. See 9 L. R. A. 685, note. Account-current. An open or Accidental means. Injury from as- ning account.

sault and battery not by acci- Account stated. An account subdental means. See 5 L. R. A. mitted by a creditor to his debtor (N. S.) 657.

and by the latter acknowledged to Accipere quid ut justitiam facias, be correct. See 54 Am. St. Rep.

non est tam accipere quam ex- 93. torquere. The acceptance of some- Accountant. One who has rendered thing for doing justice is not so an account. much an acceptance as an extor- Accounting. The rendition of an tion.

account. Accola, A farmer; a tenant.

Accouple. Married. Accomenda. A contract by which a Accredulitare. To clear one of an

shipmaster agrees to sell goods of accusation by means of an oath. the shipper for their joint ac- Accrescere. To grow. count.

Accretion. To increase a quantity Accommodation. An obligation as- of land by means of alluvion or sumed gratis.

dereliction. See 22 Am. St. Rep. 195. Accommodation paper. Negotiable Accroach. To assume royal powers paper upon which a maker or in

without right. See 4 Bl. Comm. 76. dorser assumes liability gratis. Accrue. To accumulate and become Accommodation road. A road for a part of something, as accrued

access to private property; a spur- interest a principal sum; to track.

ripen or spring into existence, as a Accomplice. One so connected with

right of action. See 10 Watts the crime that at common law he (Pa.), 363. might himself have been convicted Accrued water rights. Meaning either as principal or

within U. S. Rev. Stats., $$ 2339, cessory before the fact. See 2340, U. S. Comp. Stats. 1901, Ann. Cas. 1913A, 771; also 20 p. 1437, 7 Fed. Stat. Ann., pp. Am. St. Rep. 163 and 39 L. R. A. 1090, 1096, defined where juris(N. S.) 704, and note.

diction had not recognized docAccommodation lands. Land bought trine of prior appropriation. See

by builder or speculator, who 70 L. R. A. 971. erects houses thereon, and then Accumulative legacy. One which is leases portions thereof upon an given in addition to a prior beimproved ground-rent.-Black.

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