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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,
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. 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 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 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.