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BALLENTINE'S LAW DICTIONARY.

A aver et tener. To have and to hold.

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A coelo usque ad centrum. From the sky to the center of the earth. communi observantia non est recedendum. From common observance there should be no departure.

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

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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, neque 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 consequentia. 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 beginning 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.

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ABACTOR

To transfer interest or

Abactor. A cattle thief.
Abalienate.
title.
Abandon.

To relinquish title or interest; to surrender or give up. See 44 Mass. 257.

Abandonee. One to whom property

or rights are relinquished or abandoned. 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 liability. Abatement.

Plea in abatement.

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Abeyance. Suspension.

plea interposed for delay, or a plea to the jurisdiction or to the perSons. Suspension or determination 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 payment. 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 extinction or removal of a nuisance by physical means or by suit. See 50 Ga. 130.

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Comm. 107.

Abigeatore. Cattle thief.

Abigeatus. Cattle-stealing.

See

Bl.

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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 action. 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 entitle 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

Absentia ejus qui reipublicae causa abest, neque ei neque alii damnosa esse debet. One's absence on affairs of the state is not to operate to his disadvantage.

Absoluta sententia expositore non indiget. Clear sense requires no explanation.

Absolute acceptance. Unqualified assent of drawee to liability on a bill of exchange. Absolute conveyance. A conveyance free from conditions. Absolute covenant. An unconditional covenant.

Absolute estate. An estate without condition.

Absolute rule, or rule absolute.

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ACCESSORY

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 acceding to a treaty. Accessorius sequitur naturam sui principalis. An accessory follows the nature of his principal. Accessorium non ducit, sed sequítur suum principale. That which is accessory does not lead, but follows 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 Fed. Cas. (U. S.) 196.

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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 expected. See 9 L. R. A. 685, note. Accidental means. Injury from assault 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 extortion.

Accola. A farmer; a tenant. Accomenda. A contract by which a shipmaster agrees to sell goods of the shipper for their joint account.

Accommodation. sumed gratis. Accommodation paper. Negotiable paper upon which a maker or indorser assumes liability gratis. Accommodation road. A road for access to private property; a spurtrack. Accomplice. One so connected with

An obligation as

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.

ACCUMULATIVE

Accord and satisfaction.

The adjustment 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 distinguished from a novation in 32 L. R. A. (N. S.) 1134, and note. Account. A written statement showing 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 running account.

Account stated. An account submitted by a creditor to his debtor and by the latter acknowledged to be correct. See 54 Am. St. Rep.

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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., §§ 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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