Abbandunum, Abbedoma, Abbendonia, Abingdon in Berkshire, which took its present name soon after Cissa, King of the West Saxons, had founded the abbey there; also, as some say, called Sewsham and Cloveshoe. Abbas [fr. æstuarium, Lat.], Humber in Yorkshire.

Abbatis, an avener or steward of the stables, an ostler.-Spelm.

Abbe, the old Norman-French word for Abbot.-Vide Bro. Abr. Abbe.'

Abbey, or Abby [fr. abbatia, Lat.], a place or house for religious retirement, governed by an abbess where nuns are, and by an abbot where monks reside. Formerly in England great privileges were granted to them, such as being exempted from the bishop's visitation, and as a sanctuary for persons escaping from the penalties of an infringed law, even although they were murderers. No less than 190 abbeys were dissolved by Henry VIII., the yearly revenue of which amounted to 2,853,000l. per annum (an almost incredible sum, considering the value of money in those days), a great part of which went to Rome, the governors and governesses of several of the richest among them being foreigners resident in Italy. See 27 Hen. VIII. c. 28, and other acts for the suppression of religious houses collected in the Supplement to the Revised Statutes, vol. 15.

An

Abbot, or Abbat [fr. abbas, Lat.; abbé, Fr. ; abbud, Sax.: others derive it from abba, Syr., father], a spiritual lord or governor, who had the rule of a religious house. abbot, with the monks of the same house, were called the convent, and made a corporation.-Termes de la Ley.

Abbreviatio Placitorum, is an abstract of ancient pleadings prior to the year-books. See Stephen on Pleading, 7th ed., 410.

Abbreviate of Adjudication, an abstract of the decree of adjudication, and of the lands adjudged, with the amount of the debt. Adjudication is that diligence (execution) of the law by which the real estate of a debtor is adjudged to belong to his creditor in payment of a debt; and the abbreviate must be recorded in the register of adjudication.-Scotch Law; see Bell's Dictionary.

Abbreviation, an abridging or contraction. The 4 Geo. II. c. 26, which provides that all law proceedings should be in the English language, written legibly, prescribed also that they should be in words at length, and not abbreviated; but the 6 Geo. II. c. 14, permits numbers to be expressed in figures, and such abbreviations as are commonly used. In 9 Co. 48, is this maxim, Abbreviationum ille numerus et sensus accipiendus est, ut concessio non sit inanis. (In abbreviations, such

number and sense is to be taken, that the grant be not made void.)

Abbreviators, officers who assisted in drawing up the Pope's briefs, and reducing petitions into proper form, for their conversion into Papal Bulls.

Abbreviature, a short draft.

Abbroach, to monopolize goods or forestall a market.

Abbroachment, or Abroachment [fr. ab., Lat., and broche, Fr., a spit], the forestalling of a market or fair.-M.S. Antiq. See FORE

STALLING.

Abbuttals, or Abuttals [fr. abutter, or aboutir, Fr., to limit or bound; or perhaps fr. to butt or strike.-Wedgw.], the buttings and boundings of land, east, west, north, and south, with respect to the places by which they are limited and bounded. The sides of. the land are properly said to be adjoining to, and the ends abutting on, the land contiguous. -Termes de la Ley. See Boundaries.

Abdicant, giving up, renouncing.

Abdicate [fr. abdico, Lat.], to renounce or refuse anything-Termes de la Ley-to disinherit in the civil law.

Abdication, where a magistrate or person in office voluntarily renounces or gives it up. It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands; as an inferior into the hands of a superior. On King James II.'s leaving this kingdom, and abdicating the crown, the Lords would have had the word desertion' made use of, but the Commons thought it was not comprehensive enough, for that the king might then have liberty of returning. This was fully convassed in the then Parliamentary Debates. Involuntary resignations are also termed abdications, as Napoleon's abdication at Fontainebleau.

Abditorium [fr. abditus, Lat.], an abditory or hiding-place to conceal and preserve goods plate, or money, or a chest in which reliques are kept, as mentioned in the inventory of the church of York.--Dugdale's Monasticon Anglicanum, p. 173.

This

Abduction, the forcible or fraudulent taking away of women or children. criminal offence is of three kinds--viz. (1) Kidnapping; (2) carrying away females under 16; (3) stealing heiresses; and (4) carrying away females under 18, with intent that they should be carnally known by a man. See 24 & 25 Vict. c. 100, ss. 53, 54, 55, and the Criminal Law Amendment Act, 1885, s. 7.

Aberemurder [fr. abere, apparent, notorious, and mord, murder, Sax.], plain or downright murder, as distinguished from the less heinous crime of manslaughter or chance medley. It was declared a capital offence, without fine or commutation, by the laws of Canute c. 93, and of Henry I. c. 13.-Spelm.

Aberfraw [aber-fraw, Welsh, efflux of the Fraw]. The princely seat of Venedotia (North Wales) was situated where the brook Fraw flows into the sea. Here was elected the Supreme Court of Law for the administration of justice in that part of the principality.Ancient Laws and Institutes of Wales.

Abessed [fr. abassier, Fr.], humbled, depressed, a based.-Blount.

Abet [from a (ad vel usque), and bedan, or beteren, to stir up or excite, Sax.], to maintain or patronise; to encourage or set on. The act is called abetment.

Abettor, or Abettator, an instigator or setter on, one who promotes or procures a crime to be committed.-Old. Nat. Br. 21. Treason is the only crime in which every one concerned is a principal. See ACCESSORY.

Abettors in indictable misdemeanours are punishable as principal offenders by 24 & 25 Vict. c. 94, s. 8, and abettors in offences so punishable on summary conviction by the Summary Jurisdiction Act, 1848, 11 & 12 Vict. c. 43, s. 5, and, as to particular offences so punishable, under the Larceny Act,' 24 & 25 Vict. c. 96, s. 99; and the Malicious Injuries to Property Act,' 24 & 25 Vict. c. 97, s. 63.

6

Abishering. or Abishersing, quit of amercements. It originally signified a forfeiture or amercement, and is more properly mishering, mishersing, or miskering, according to Spelman. It has since been termed a liberty of freedom, because, wherever this word is used in a grant, the persons to whom the grant is made have the forfeitures and amercements of all others, and are themselves free from the control of any within their fee. Rastell's Abr.; Termes de la Ley, 7.

Abjuration [fr. abjuro, Lat.], a forswearing or renouncing by oath. In the old law it signified a sworn banishment, or an oath taken by a person who had claimed sanctuary, to forsake the realm for ever, now abolished by 12 Jac. I. c. 28. The oath of abjuration (introduced by 13 Wm. III. c. 16, and altered by 6 Geo. III. c. 53) was to be taken by every person entering upon any public office or trust. By this he renounced the Pretender, and recognized the right of Her Majesty, under the Act of Settlement, engaging to support her, and promising to disclose all treasons and traitorous conspiracies against her.-Staundford's Pl. C. b. 2, c. 40. By the 21 & 22 Vict. c. 48, one form of oath was substituted for the oaths of allegiance, supremacy, and abjuration. For this form another was substituted by the act 30 & 31 Vict. c. 75, s. 5. This has in its turn been superseded by the Promissory Oaths Act, 31 & 32 Vict. c. 72, by which a new form of the oath of allegiance is provided. The numerous obsolete acts in relation to oaths are repealed by the Promissory Oaths Act, 1871, 34 & 35 Vict. c. 48. See QUAKERS and ROMAN CATHOLICS.

Abjure, to retract, to recant, or abnegate a position upon oath.

Abladium, cut corn.--Old Records. Ablato-Bulgio, Bulness, or Bolness, in Cumberland.

Ablegate [fr. ablego, Lat.], to send abroad a person on some public business or embassy. Ablegati, Papal ambassadors of the second rank, who are sent to a country where there is not a nuncio, with a less extensive commission than that of a nuncio.

Ablocation, a letting out to hire for

money.

Abnepos, the grandson of a grandson or granddaughter.

Abneptis, the granddaughter of a grandson or granddaughter.

Abo, a carcase of an animal killed by a wolf or other beast of prey.-Ancient Laws and Inst. of Wales.

Abode, habitation or place of residence; stay or continuance. In law it is used in different senses, to denote the place of a man's residence or business, temporary or permanent. For some purposes, in law a man may be deemed to have an 'abode' where he has a place of business, even although he reside elsewhere, or where he has a temporary residence, although his permanent residence is elsewhere or even abroad. But abode' or residence is quite distinct from domicil, which means much more than even a place of permanent residence (see that word, post.); whereas, it would seem that ‘abode' does not even necessarily imply that. 'Abode' seems larger and looser in its import than the word 'residence,' which in strictness means the place where a man lives, i.e., where he sleeps or is at home.

Abolition [fr. abolir, Fr. ; fr. abolco, Lat.], a destroying; also the leave given by the sovereign or judges to a criminal accuser to desist from further prosecution.-25 Hen. VIII. c. 21.

Abone [Abonis, Lat.], Avington or Aventon, in Gloucestershire.

Aborigines [fr. ab, from, and origo, Lat.], the original or first inhabitants of any

country.

Abortion [fr. ab, which in composition signifies defect, according to Martinius, and orior, Lat., to arise], a miscarriage, or the premature expulsion of the contents of the womb, before the term of gestation is completed.

Our law does not recognize the distinction adopted by some medical commentators on the subject, who consider miscarriages during the first six months as abortions, and those during the last three as premature labours; but applies the term abortion to the throwing off of the foetus at any period of the pregnancy.-Beck. Med. Jur. 238.

By 24 & 25 Vict. c. 100, s. 58, the administration of drugs or unlawful use of instruments, by a pregnant woman to herself, or by any person to her, with intent to procure miscarriage, is made felony, punishable by penal servitude or imprisonment, in the discretion of the Court.

It is no excuse that the woman consented to, or even solicited, the perpetration of the offence; for this would be to set the law at nought, inasmuch as the crime is seldom attempted but with the woman's approval.

Above-cited, or Mentioned, quoted before. A figurative expression taken from the ancient manner of writing books on scrolls, where whatever is mentioned or cited before in the same roll must be above.-Encyc. Lond.

Abrevicum, Berwick-upon-Tweed.

Abridge [fr. abreger, Fr., abbreviare, Lat.], to make shorter in words retaining the substance. Also the making a declaration or count shorter by subtracting or severing some of the substance therefrom, i.e., a man was said to abridge his plaint in assize, and a woman her demand in action of dower, where any land was put into the plaint or demand which was not in the tenure of the defendant; for if the defendant pleaded nontenure, joint-tenancy, or the like, in abatement of the writ as to part of the lands, the plaintiff might leave out those lands, and pray that the tenant might answer to the rest.-Brooke, tit. Abridgment. Now obsolete in consequence of the abolition of real and mixed actions, by 3 & 4 Wm. IV. c. 27, s. 36, and 23 & 24 Vict. c. 126, s. 26.

Abridgment [fr. abreviamentum, Lat.], a large work contracted into a narrow compass; a summary, epitome, or compendium. As to how far this may be done without breach of copyright, see Butterworth v. Robinson, 5 Ves. 709.

Abridgments, or Digests of the Law, of ancient authority. The principal of these are Brooke's, Fitzherbert's, Rolle's, and Comyn's Digest. Besides these there are Viner's and Bacon's Abridgments, and Harrison's, Chitty's, and Fisher's Digests, of later date.

Abrogate, to annul; to abrogate a law is to repeal it.-Cowel. The maxim is Leges posteriores priores, contrarias abrogant. 11 Co. 626. (Subsequent laws repeal prior contrary laws.)

Abrogation, the annulment of a law by constitutional authority. It stands opposed to rogation; and is distinguished from derogation, which implies the taking away only some part of a law; from subrogation, which denotes the adding a clause to it; from dispensation, which only sets it aside in a particular instance; and from antiquation, which is the refusing to pass a law. Encyc. Lond.

Abscond, to go out of the jurisdiction of the Courts, or to lie concealed in order to avoid any of their processes.

Absconding Debtor. By 32 & 33 Vict. c. 62, replacing the repealed 14 & 15 Vict. c. 52, s. 6, there is a power of arresting absconding debtors; and see MESNE PROCESS.

Absence of Husband or Wife for Seven

Years is, under certain circumstances, a defence in an indictment for bigamy. By 24 & 25 Vict. c. 100, s. 57, 'Any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years last past, and shall not have been known by such person to be living within that time,' is exempted from the penal consequences of bigamy.

Absentee, a person who is away from his usual place of residence; a non-resident landlord.

Absentees, or des absentees. A parliament so called was held at Dublin, 10th May, 8 Hen. VIII. It is mentioned in letters-patent 29 Hen. VIII.

Absentia ejus qui reipublicæ causâ abest, neque ei, neque alii damnosa esse debet.—(The absence of any person who is abroad in the service of the state ought to be detrimental neither to him nor to another.)

Absionare, to shun or avoid, used by the English-Saxons in the oath of fealty.Somner.

Absoluta sententia expositore non indiget, 2 Inst. 533.-(A positive decree is not in need of any interpreter.)

Absolute, complete, unconditional. A rule or order absolute is a completed judgment of a Court, and is so called in contradistinction to a rule or order nisi which is made on the application of one party only (ex parte), to be made absolute unless the other party succeed in showing cause why it should not be made absolute (discharged).

Absolute Warrandice, a warranting or assuring of property against all mankind.Scotch Conveyancing Phrase. It is, in effect, a covenant of title.

Absolution, a dispensation; a remission of sins; an acquittal by sentence of law.Ayliffe.

Absolve, to acquit of a crime, to pardon or set free from excommunication. ASSOILE.

See

I have done my

Absolvi animam meam. duty; I have relieved my mind. Absolvitor (Scotch Law), an acquittal; a decree in favour of the defender in any action.

Absque hoc [Lat.] (without this), technical words of exception which were made use of in a special traverse; as, the defendant pleads that such a thing was done at B., etc., without this (absque hoc), that it was done at, etc.-1 Saund. 22; abolished, C. L. P. Act, 1852, s. 65.

Absque impetitione vasti [Lat.] (without impeachment of waste), a reservation frequently made to a tenant for life, that no man shall proceed against him for waste

committed. This reservation does not extend to allow manifest injury to the inheritance. See WASTE.

Absque tali causa [Lat.] (without such cause) formal words in the now obsolete replication de injuria.-Stephen on Pl. 191.

Abstention, keeping an heir from possession; also, tacit renunciation of a succession by an heir.-French Law.

Abstract (in the abstract), a thing looked at purely by itself and without comparison with any other thing or with any reference to surrounding circumstances.

Abstract [fr. abstrahere, abstractus; fr. trahere, Lat., to draw], an abridgment or epitome, as the abstract of pleas required in some cases before the Judicature Act; also a purloining.

Abstract of Title, an epitome of the evidences of ownership.

Such an abstract should show the soundness of a person's right to a given estate, together with any charges or circumstances in anywise affecting it. A perfect abstract discloses that the owner has both the legal and equitable estates at his own disposal perfectly unincumbered.

Upon a sale or mortgage, the solicitor of the owner usually prepares the abstract at his client's expense (except on sales to a company under the Land Clauses Act, 1845, when it must be borne by the company, unless it be stipulated otherwise, 8 Vict. c. 18, s. 22), and delivers it to the solicitor of the proposed purchaser or mortgagee, who compares it with the original title-deeds, and makes requisitions (when necessary), in order to ascertain any important but undisclosed facts, to remedy any defects, or to dissipate any doubts or ambiguities. He then should lay all the papers before counsel, for his opinion as to the safety of the title.

Should the abstract be long and voluminous, a list of the dates and nature of the deeds and muniments, chronologically arranged, with references to the pages of the abstract in which they are to be found, facilitates perusal.

The object of every abstract is to enable the purchaser or mortgagee, or his counsel, to judge of the evidence deducing, and of the incumbrances affecting, the title.

Every title involves the question of legal and equitable ownership; for as it is in vain that there is a good title at Law, if that title be bad or defective in Equity, so it is not sufficient that there is a good title to the legal estate or to the equitable estate, if it be incumbered with judgments, legacies, debts to the crown, or other charges, because in proportion to the extent of such incumbrances

there must be a reduction in the actual value of the vendor's interest.

Every abstract should describe whatever will tend to enable a purchaser or mortgagee, or his counsel, to form an opinion of the precise state of the title at Law and in Equity, together with all chances of eviction or even of adverse claims.

A simple abstract relating to one estate only should set forth chronologically a clear statement of the material parts of the deeds, wills, writings, records, and private acts of parliament, which at all affect or concern the title to be deduced, together with such matters in pais, as births, majorities, marriages, deaths, survivorships, pedigrees, descents, and successions, as connect the several transactions, or in anywise vary the title; and these facts should be authenticated by such legal evidence as would be deemed satisfactory and conclusive in an action to try the title. Judgments, crown-debts, charges, and incumbrances, should be fairly stated.

But a complex or compound abstract is not susceptible of a chronological arrangement; as when the title relates to different parcels of land or different interests, or the property belongs to joint tenants, tenants in common, or coparceners, who have entered into partition, and there is a different title to their shares; it would then be better to arrange the documents relating to one portion under a distinct heading, so as to keep the title to each part in a connected series, and, sometimes, separate abstracts for the different titles would simplify the business and avoid an embarrassing confusion, especially if the several properties be distinct, or the title is compounded of both freehold and copyhold estates. Should the distinct titles to the several parts of the property afterwards become united, then there should be a deduction of the title to each part separately up to the point of junction.

As soon as practicable, after the abstract of title is delivered to the vendee's solicitor, he should himself diligently compare it with the original documents, since he is answerable for the consequences of any negligence. For this purpose they are usually produced at the chambers of the vendor's solicitor, or at the vendor's residence. If they are in town, the solicitor's agent should be instructed to undertake the comparison; but if they are in a distant part of the country, then the journey of the vendee's solicitor occasioned thereby will be at the vendor's expense if there be no stipulation to the contrary.

The points to which the attention of the solicitor should be most particularly directed in comparing the muniments with the ab

stract, are the stamps upon the deeds; the dates of the different assurances (he should not depend upon the indorsement for this purpose); the names and additions of the parties, and the characters in which they respectively act, as whether trustee, executor, or heir-at-law; that no important recitals are omitted, and that those that are abstracted are faithfully given. The receipt clause should be attended to, to see that there is no unusual or special matter contained in it relative to the purchase money, which may affect the purchaser. The amount of the consideration, the names of the grantors and grantees, and particularly the identity of the parcels, and that there are no exceptions therein. The words of the different limitations of uses and trusts must be cautiously made to agree, and any deficiency therein must be supplied by the necessary alteration in the abstract; the covenants for quiet enjoyment and freedom from incumbrances should be scrutinized, for if there be any collateral right of enjoyment or lurking incumbrance, it will most probably make its appearance there, so all burdensome covenants in leases must be looked into. The interest which tenants in possession have in the lands must also be inquired after, for the purchaser will be bound thereby; but in nothing is caution more necessary than in attending to the execution and attestation of the different deeds, to see that they are executed by all the parties, or that the abstract notices those who have not done so; and when the execution and attestation are under a power which directs a particular mode of execution, there is still greater necessity to be satisfied that the precise terms of the power have been complied with; and in the case of wills, that the law requiring two witnesses has been observed, and that the attestation expresses that the testator signed in their presence. In deeds bearing to be for a consideration in money, care should be taken to see that the receipt for the consideration money is indorsed on the deed and witnessed. It is generally witnessed by the same party who attests the execution of the deed. And, lastly, where the deed has been enrolled or registered, or livery of seisin has been requisite, the indorsement of these different acts upon the deed should be noticed.

Whenever the deeds are in the possession of third parties, they should be informed of the negotiation to purchase the estate to which they relate, and an inquiry should be made of them respecting their particular interests therein. Such an inquiry should also be made of tenants or persons in possession, when the leases under which they hold cannot