PREFACE TO THE FIRST EDITION. It is not without very considerable diffidence that this Lexicon is submitted to the indulgence of the Profession and the Public, for no man can be more conscious of the difficulties besetting such a subject-of the many requisites of the task-and above all, of the great discrepancy usually exhibited between what a book ought to be, and what it is-than the author of the present undertaking. Knowing, however, from his own experience, the want of a Dictionary especially adapted to ready reference, which should contain the modern law and alterations, as also the terminology comprehended in our varied and intricate jurisprudence, was the inducement to commence, continue, and complete this work. The aims attempted, throughout its arrangement, have been compression, avoiding obscurity, and yielding information easily and effectually. A word-book, when it obviates tediousness of search by giving a concise answer to one consulting it, possesses a peculiar virtue; for irksome is the process of turning out a word, where, instead of finding its explanation, there is a reference to another part of the book; but should the place referred to again direct the inquirer elsewhere, or perchance, disclose neither notice nor interpretation, nor, in fact, anything concerning it, then patience becomes exhausted, and perseverance indeed hopeless. Often has disappointment ensued when, after reading up a given point of practice or theory, the Author has referred to the Dictionaries extant, in order to learn the precise force of the words and phrases that he had met with in his researches; for frequently they have not even been noticed, or being noticed, their interpretation has involved more confusion, since for the most part the very imperfect impression which was entertained before concerning them, often became obliterated by the utterly obscure manner in which the lexicographer had treated them. Some of these works handle a subject in a mass; for instance, under the head Bills of Exchange,' an unmethodical essay is written, in which are explained, after a fashion, the several characters of acceptor, drawer, indorsee, payee, and the several subjects of acceptance, presentment, notice of dishonour, protest, and so on ; for instead of breaking up the whole subject, and distributing the elements under their appropriate heads, the inquirer searching for Acceptor, etc., is referred to Bills of Exchange, where he must wade through the greater part of a long and rambling statement before he comes to the precise point he wants. A Dictionary is not consulted for an essay or treatise on a particular theme, but to answer a sudden doubt or explain a present difficulty, as to the proper meaning of a certain technicality. In considering any complex matter,' writes Burk,* 'we ought to examine every distinct ingredient in the composition, one by one, and * Preface to the 'Inquiry into the Origin of our Ideas of the Sublime and Beautiful.' reduce everything to the utmost simplicity; since the condition of our nature binds us to a strict law and very narrow limits. We ought afterwards to re-examine the principles by the effect of the composition, as well as the composition by that of the principles. We ought to compare our subject with things of a similar nature, and even with things of a contrary nature; for discoveries may be, and often are, made by the contrast, which would escape us on the single view. The greater number of the comparisons we make, the more general and the more certain our knowledge is like to prove, as built upon a more extensive and perfect induction.' The constituents of the great subjects have been distributed under their proper letters, with a view to prevent as much reference to other parts of the book as possible; and when a phrase or technicality belongs in common to several departments of our laws, an analysis has been made, in order to keep separate the details of the particulars and distinctions. Occasional passages from the Jewish, Greek, and Roman antiquities have been quoted, either to illustrate a doctrine or to indicate an analogy; but of this, sparing use has been made, as their too frequent insertion would have increased bulk, without perhaps augmenting value. The authorities relied upon are referred to for examination, in order that the subject may be more fully studied by those who desire to acquire a fuller knowledge of historical jurisprudence or the polity of the ancients. Method has been attended to, as the main design of a Dictionary is immediate use. "Thus useful arms in magazines we place, All rang'd in order, and disposed with grace: But to be found, when need requires, with ease.'* Whether the work is successful or not, in attaining its avowed purpose, cannot here be determined its real value-its suitableness as a Lexicon-will be tested by experience, which neither a persuasive preface nor an unfavourable review can influence. The Author craves pardon for any trivial error or misprint, as the greater part of the book was written, and the proofs corrected, during his academical studies; and he will be grateful for any suggestions, which, supplying the defects and elucidating the obscurities of this edition, would increase the utility of a second, should a second be called for. *Pope's Essay on Criticism. WHARTON'S LAW-LEXICON. А-АВА A. This letter is frequently used as an abbreviation or as a mark of reference, for the purpose of identification. It was inscribed upon a ballot, and stood for 'antiquo,' I vote against. It was used by the Romans who voted against a proposed law or candidate for office. See U. R. A ballot or waxen tablet, similarly inscribed, was also used in their Courts of Judicature, being the initial letter of ' absolvo,' I acquit (not guilty). Cicero calls A, literam salutarem, a comfortable letter, because it denoted Acquittal (absolvo); but C, literam tristem, a sorrowful letter, because it denoted Condemnation (condemno). See Taylor's Civil Law, 191; Juv. Sat. xiii. 3. A 1. An expression signifying a first-class vessel excellently built.-Shipping term. Ab, at the beginning of English-Saxon names of places, is generally a contraction of Abbot or Abbey; whence it is inferred that those places once had an abbey, or belonged to one elsewhere, as Abingdon in Berkshire. Blount's Law Gloss. Abacot, the name of the ancient cap of state worn by the kings of England. It was made in the shape of two crowns.-Chron.. Angl. 1463; Spelm. Abactor [fr. abigo, Lat.], a stealer and driver away of cattle or beasts by herds or in great numbers at once, as distinguished from fur, a person who steals a single beast only.-Encyc. Lond. Ábalienate (V.A.), to make another.-Civil Law. over to Abalienation [fr. abalieno, Lat.], a making over of realty, goods, or chattels, to another, by due course of Law.-Ib. Aballaba, the ancient name of Appleby in Westmoreland. Abandonee, one to whom anything is relinquished. Abandonment [fr. Abandonner, Fr.], the relinquishment of an interest or claim. (2) The relinquishment by an assured person to the assurers of his right to what is saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a constructive total loss. Also the surrender of his property by a debtor for the benefit of his creditors. The Civil Law permitted a master who was sued for his slave's tort, or the owner of an animal who was sued for an injury done by it, to abandon the slave or animal to the person injured, and thus relieve himself from further liability. Abandun, or Abandum, anything sequestered, proscribed, or abandoned. Abandon, i.e., in bannum res missa, a thing banned or denounced as forfeited or lost, whence to abandon, desert, or forsake, as lost and gone.— Cowel. Pasquier thinks it a coalition of á ban donner, to give up to a proscription, in which sense it signifies the ban of the empire. Ban, in the old dialect, signifies a curse; and to abandon, if considered as compounded of French and Saxon, is exactly equivalent to diris devovere. Ab antiquo, of an ancient date. Abarnare [fr. abarian, Ang.-Sax,, denudo, detego, Lat.], to lay bare, discover, detect. Hence abere theof, a detected or convicted thief; bere morth, a detected homicide. Also to detect and discover any secret crime to a magistrate.-Ancient Laws and Institutes of England; Leg. Canuti, c. 104. Ab assuetis non fit injuria. Jenk. Cent. Rep. (From things to which we are accustomed, no legal wrong results.) Compare the maxim Vigilantibus, non dormientibus jura subveniunt.' Abatamentum, Abatement, an entry by interposition.-1 Inst. 277. Abate [fr. abbattre, Fr.], to prostrate, break down, remove, or destroy; also, to let down or cheapen the price in buying or selling.-Encyc. Lond. See ABATEMENT. Abatement, a making less, used in seven senses: (1) Abatement of Freehold.-This takes place where a person dies seised of an inheritance, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful entry, and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder-man and disseisin differs from them both, for to disseise, is to put forcibly or fraudulently a person seised of the freehold out of possession.-1 Inst. 277 a; 3 Bl. Com. 167. See OUSTER. (2) Abatement or removal of Nuisances.A remedy allowed by law to the party injured by a nuisance to abate, destroy, remove, or put an end to the same by his own act. Nuisances are either public or private. Public nuisances may be abated, that is, taken away or removed, by urban sanitary authorities and other public bodies under various public acts (see e.g., Public Health Act, 1875, s. 98), and also by private individuals, where the abatement does not involve a breach of the peace. Private nuisances may also be abated by the individuals aggrieved. The law allows this, because injuries of this kind require an immediate remedy, and cannot wait for the slow progress of the ordinary forms of justice. (3) Plea in abatement.-A defence by which a defendant showed cause to the Court why he should not be sued, or, if sued, not in the form adopted by the plaintiff, and praying that the action might abate, i.e., cease. A plea in abatement at Common Law (which by 4 Anne c. 16, s. 11, had to be substantiated by affidavit and which was abolished by the Judicature Acts) was one which stated some fact which gave a reason for quashing or abating the action, on account of an informality, or offered an exception to the personal competency of the parties suing or sued; e.g., that the plaintiff was an alien enemy, or that the defendant was a married woman. In Criminal proceedings, a plea in abatement might have been given in writing by a prisoner or defendant on account of misnomer, wrongful or no addition, annexing thereto an affidavit of its truth. But this plea is now obsolete, since, by 7 Geo. IV. c. 64, s. 19, in case of misnomer the judge may amend the indictment or information, and call upon the prisoner or defendant to plead in bar to the merits; and by 14 & 15 Vict. c. 100, s. 1, no indictment or information is to be held in sufficient for want of or imperfection in the addition of any defendant. (4) Abatement of Debts and Legacies.When equitable assets are insufficient to satisfy fully all the creditors, their debts must abate in proportion, and they must be content with a dividend. So in the case of legacies, upon a deficiency of assets after payment of the debts they abate proportionably, unless a priority is specially given to any particular legacy. A testator is always presumed to intend that the legacies shall be equally paid, unless he express in his will a contrary intention. When there are specific and pecuniary legacies, and the assets are not sufficient to pay both, the specific have the preference, and only abate proportionately amongst themselves, unless one of them is payable out of a particular fund, and others out of other funds, for then each must bear the loss arising from any deficiency of the particular fund. (5) Abatement of Litigation.-By R.S.C. 1883, Ord. L., it is provided that an action shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survive or continue, and shall not become defective by the assignment, creation, or devolution of any estate or title pendente lite (r. 1). Further rules of the same order provide for making the husband, or other successor in interest, party to the action by order of the Court. (6) Abatement or rebate in commerce, an allowance or discount made for prompt payment.-Lex. Merc. It is sometimes used to express the deduction that is occasionally made at the Custom-House from the Duties chargeable upon such goods as are damaged, and for a loss in warehouses. (7) A badge in coat-armour, indicating dishonour of some kind. It is called also rebatement. Abator, or Abater, one who abates a nuisance or enters into a house or land vacant by the death of the former possessor, and not yet taken possession of by his heir or devisee. -Cowel. Also an agent or cause by which an abatement is procured. Abatuda, or Abatude, anything diminished. Moneta abatuda is money clipped or diminished in value.-Du Fresne's Glos. Used in old records. Abavia, a great grandmother's mother. Abavus [fr. avusavus, avavus, Lat.], a great grandfather's father. Abbacy [fr. abbatia, or abbathia, Lat.], the government of a religious house and the revenues thereof, subject to an abbot, as a bishopric is to a bishop.-Cowel. The rights and privileges of an abbot. |