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House or Land, void by the Decease of the former Possessor, before his Heir enters upon the fame. Old Nat. Brev. 115.

3bb;ocrjment, is derived from the Latin, and signifies a Forestalling of a Market or Fair, by buying up the Wares, before publicity exposed to Sale, and afterwards retailing them.

3JbbuttalS, (from a French Word signifying to limit or bound) are the Buttings and Boundings of Land, showing on what other Lands, Rivers, &c. it doth abut

. or bound. The Sides on the Breadth of Lands, are properly term'd, lying or bordering, and the Ends in Length, abutting or bounding.

3&boicntc, from the Latin, signifying to renounce or refuse a Thing. Ttrmii dt la Ley.

UbDfcatioii, (from the Latin) is a voluntary Act of Renunciation, or refusing of a Thing; a Term, that seems now a-days chiefly adapted to the Cafe of an unfortunate Prince, not long ago among us.

Street, (from a Saxon Verb) in our law signifies to encourage or set

., on. Abetment, the Substantive, is used in the like Sense. Staundf. PI. Cr. 105. An Abettor is the instigator or Setter on; that is to fay, he that promotes or procures a Crime to be committed. Old Nat. Brev. 21. Abettors of Murder are such as command, procure, or counsel others to commit it; and in some Cafes those Abettors will be taken as Principals, tho' in others only as Accessaries, their Presence or Absence at the Time of committing the Fact making the Difference. Co. Lit. 475, See Accessories. There are also dbbetton in Treason, but always accounted Principals, there being

no Accessories in that Crime. SflB more in Stafford's Pleas of the Crown. 3Jbc£attce, is supposed to come from a French Word, signifying to gape after, or to expect. It is a fix'd Principle of Law, that there is a Fee-simple of all Land in some Person, or else it is in Abeyance i that is to fay, tho' at present it appears to be in no Man, yet, in Expectancy, it is belonging to him who is next to enjoy the Land. Co. Lit. 341. c. Difcontin. If a Person makes a Lease for Life, the Remainder to the right Heirs of

A. B. in that case the Fee-simple is in Abeyance until the Death of A.

B. when, and not before, his Heir has a good Remainder, and the Fee-simple then ceases to be in Abeyance. Termes de la Ley 6. Where a person is presented by a Patron of a Church, the Fee of the Lands, c5?r. pertaining to the Rectory is in the Parson: But if he die, and the Church become void, then the Fee of those Lands is in Abeyance, until another Parson is presented, admitted and inducted; seeing that the Patron hath not the Fee, but only a Right to present, the Fee being in the Incumbent that is presented. Termes de la Ley 6.

2t>bi(heting is understood to be quit of Amerciaments. Termes de la Ley 7.

Jfbjurntion, { from the Latin) 1% a Forswearing or Renouncing, and signifies a sworn Banishment, or an Oath taken to forsake the Realm for ever. Staundf. PI. Cr. lib. 2. c. 4.0. This Word has also another Signification, extending to the Person of the Pretender, so called in this Kingdom; for by 1 W. ISM. 13 W. 3. 1 Geo. 1. &c. all Persons by Oath are to abjure the pretended Prince of Wales 1 lfair i and such as refuse to take that Oath are liable to divers Penalties and Forfeitures. See Oaths.

^b:iDge, (from the French) signilying to contract or make shorter in Words, yet still to retain the Substance: But in the Common Law it is more particularly applied to the making of a Declaration or Count shorter, by siibstracting or taking away some of the Substance from it. As for Instance, a Man is (aid to abridge his Plaint in Affix, or a Woman her Demand, in an Action of Dower, if any Land is put into the Plaint or Demand, which is not in the Tenure of the Tenant or Defendant; seeing that, should the Defendant plead Nontenure, Joint-tenancy, &c. in Abatement of the Writ, the Demandant may abridge his Plaint, by leaving out those Lands, and pray that the Tenant may answer to the rest, to which he hath not yet pleaded; and the Cause of this is, for that the Certainty is not set down, but runs in general in such Writs: And tho' the Demandant hath abridg'd his Plaint in part, yet the Writ remains good still as to the rest. Bro. Abridg. Anno 21 H. 8. c. 3.

3b?i0gment. See 3bn'Dgc.

3b?ogate, (from the Latin) to disannul or take away; for Example, to abrogate a law, is to set aside or repeal it. 5 cjf 6 Ed. 6. t. 3.

Jtbsquc INC, are Words, which before the late Alteration in the Proceedings in the Law (requiring all Processes and Pleadings to be in English) were made Use of in a Traverse; as where the Defendant pleads, that such a Thing was done at C. Absque hoc, that is to far, without that, it was done at D. Mid. Ca. 103.

aktetas an cwriam, is a Writ

where one has received, or sears false Judgment in a HundredCourt, or Court-Baron. It is issued out of Chancery, and directed to the Sheriff, but returnable in the King's Bench, or Common Pleas, and is near the Nature of the Writ of False Judgment, which lies for him that has received such in the County-Court. This Writ lies as well for Justice delayed, as false Judgment given, and is of the Nature of a Recordare, seeing that the Sheriff re obliged to make Record of the Suit in the inferior Court, and certify it into the King's Court. Reg. Orig. 9. 56. F.N.B.lS. Dyer 169.

flkeebac an tricecoinftem, is it Writ directed to the Coroner, commanding him to deliver aWrit to the Sheriff, who having a Pone delivered, suppresses it. Reg. Orig. 83.

Acceptance, is the taking and receiving in good Part, and as it were tacitly agreeing to some Act before done by another, which might have been altogether avoided by the person accepting, in case the Acceptance had not been: As for Example, Isa Husband and Wife seised of Lands in Right of his Wife, join in making a Lease or Feoffment, reserving Rent, and the Husband dies; after which the Widow receives or accepts the Rent: By this the Lease or Feoffment is confirmed, and shall bar her from bringing a Cui in vita. Co. Lit. 211. If a Tenant for Life grants a Lease for Years, not warranted by the Statute 32 H. 8. and dies, if the Issue accepts the Rent reserved by that Lease, such Acceptance will bind him. 3 Leon. Case 36. If an Infant accepts of Rent at his full Age, it makes the Lease good, and shall bind him. If a Lessor accepts from his TeB2 xiar.t iiant or Leslie the last Rent due, and gives him a Discharge for the same, aij Rent in Arrear is by Law presumed to be satisfied. Co. Lit. 373. Acceptance of the Rent that becomes next due after what is in Arrear, bars the Lessor from entring for a Condition broken, on account of Non-payment of the Rent reserved in the Lease, because the Lessor thereby affirms the Lease to have Continuance. Co. Lit. ei 1. A Distress made for Rent likewise affirms the Continuance of the Lease. akccsTcw or accessary, at Common Law, is where a person is guilty of some felonious Offence, tho' not principally concerned, but is a Partaker in the Crime, as by commanding, advising, concealing, be. A Man may be accessory to . an Offence two Ways, viz. before the Fall, or after it. An Accessory before the Fact, is he that commands another to commit Felony, and is not present at the Time it is doing; for his Presence makes him a Principal: And therefore there cannot be an Accessory before the Fact in Manslaughter; for this Reason, that Manslaughter is sudden, and not premeditated. Co. Lit. sol. 44. An Accessory after the Fact, is one that receives, aslists, or comforts another, w4iom he knows to have committed Felony or Murder. He that counsels or commands an Evil, shall be judged necessary to all the Consequences that attend it, but not to another distinct Thing: As for Instance, in case a Person commands another to beat a third Person, and the Commanded beats him, so that he dies, the person commanding /shall be accessory to the Murder: But it is otherwise in the Case, where a Person orders another to steal a .. 'White Horse, and he steals it Black

one ; or to burn such a House, well known to the Commanded, and he burns another. In these two Cafes the Commander shall not be deemed an Accessory. Where the Principal is pardoned, or has his Clergy, the Acccsjbry cannot be arraigned ; it being a Maxim in our Law, that where there is no Principal, there can be no Accessory: And why? Because it does not appear by the Judgment of law, that there was a Principal: Yet if the Principal after Attainder be pardoned, in that Cafe the Accessory may be arraign'd. 4 Rep. 43. By the Statute 1 Ann. r. 9. where the Principal is convicted of Felony, stands mute, or challenges above twenty of the Jury, the Accessory is liable to be proceeded againil in the fame Manner, as if the Principal had been attainted; notwithstanding such Principal shall be allowed his Clergy, pardoned, or delivered before Attainder. And by the fame Statute, if the Principal cannot betaken, the Accejsory may be prosecuted for a Misdemeanor, and punished by Fine, Imprisonment, iSc. See likewise S/at.. 5 Ann. c. 31. In the lowest Offences, such as Riots, forcible Entries, and other the like Transgressions by Force and Arms, as well as in the highest, viz.. Treason, there are no Accessories; for all are Principals. Accessory by Statute, is he that abets, counsels, or conceals the committing, or the having committed of Felony, made so by Act of Parliament; for tho' the Act makes no Mention of Abettors, yet by Interpretation they become included. See StaunJs. PI. Car. lib. 1. c. 45, 46, 47, 48. Thereis likewise an Accessory of an Accejsory; that is to fay, he that wittingly receives an Accessory to a Felony: But a Woman

Ban receiving or assisting her Hus: band, who is an Accessory, (hall not be deemed one; tho' the Husbœdin the like Case receiving his Wife, will be deemed Accessary. H. P. Cor. ai 8. if*/!. 108. If t Man counsels a Woman to murder the Child she is pregnant with, and the Woman murders it after it is born, such Man is accessory to that Murder, by his counselling before the Birth of the Infant, and not countermanding it. Dyer 186. 9kcomptS, is a W*k or Action that lies against a person, who, by Reason of Office or Business under' taken, is to render an Accompt to another, but refuses to do it; as a Bailiff or Receiver to a Lord or others. See Fitz. Nat. Brev. fit. ii6. By the Statute of *P<y?w. 2. If an Acctmptant be found m Arrear, rheMuditors assigned are empowered to award him to prison, there to remain till Agreement be made with the Party: But if the Accomptant be not allowed his reasonable Expences and Costs, or be charged with more Receipts than he ought, he may, by his next Friend, sue out a Writ of Ex parle talis (that is to fey) on the Part ir Behalf of such a One, directed to the Sheriff to take four Mainpernors, to bring his Body before the Barons of Exchequer at a certain Day, and to warn the Lord or Master to appear there the fame Day. If a Person, tho1 neither appointed Bailiff nor Receiver, receives Money for another's use, an Action of Accompt lies against him: Also, where a Man delivers Money to be delivered over to a third Person, the Receiver thereof will be liable to account. The usual Pleas in this Action are, that be never vjas Receiver; hat h fully accounted. This Action is now j

almost gone into Disuse, there being no Damages given by it; for the Judgment is only that he do accompt, on which the Defendant becomes liable to be taken on a Capias ad computandum, (that is to fey) take to Accompt. There are two Judgments on this Writ; as where the Defendant cannot avoid the Suit by Plea, Judgment is first given, That be do accompt, which having done before the Auditors, the second Judgment is entered, viz. That the Plaintiff Jhall recover of the Defendant so much as is 'found in Arrears. I I Rep. 40. The Process on this Action is, Summons, Pone, and Distress; and upon a Nibil, viz. Nothing returned, the Plaintiff may proceed to Outlaivry. The Statute of Limitations, a 1 sac. 1. does not debar a Merchant from bringing Action of Accompt for Merchandize, at any Times yet all other Actions of Accompt are within that Statute. 3CC0JD, (from the French) is an Agreement between two or more, where any one is injur'd by Trespass, or other Offence committed, to make Satisfaction or Recompence to the Person injured, who after the Accord performed, is entirely barred in Law from any new Action against the Agressor for the feme Trespass. Termes dc la Ley 14. Accord executed is pleadablein Bar; but executory is not. 1 Mod. 69. ,In Pleading, it is safest to alledge Satisfaction, and not Accord alone; if it be chiefly pleaded by Way of Accord, a precise Execution in every Part thereof mult be pleaded: But if Satisfaction be pleaded, the Defendant need only to alledge, that he paid the Plaintiff such a Sum, Use. in full Satisfaction of the Accord, which he received. 9 Rep. So. When no certain tertain Duty is created by Deed, but the Action is for Wrong or Default, &>V. for which Damages are recoverable, there an Accord with Satisfaction is a good Plea: But where a Duty accrues by Deed, as by Bill, Bond, or Covenant, for Payment of Money, that Duty arising by Deed, ought to be discharged by Matter of as high a Nature. 6 Rep. 43.

3fCrocbe (from the French) sig nifying to fix Hook or Graple unto: In the the Statute 25 F.d. 3. c. 8. this Word signifies as much as to encroach, and is there used to that Purpose.

Accusation ( from the Latin ) signifies to charge a person with some Crime. By Magna Cbarta, viz. 9 H. 3. no Man shall be imprisoned or condemned on any^rcusation, withoutTrial by his Peers or the Law of the Land. By 25 and 28 Ed. 3. None (hall be vexed upon any Accusation, but according to the Law of the Land: And no Man may be molested by a Petition to the King, unless it be by indictment or presentment of lawful Men, or by Process at Common Law. By 38 Ed. 3. Promoters of Suggestions are to find Surety to pursue them, and not making the same good, are to satisfy Damages to the accused Party, and to pay a Fine to the King. By 5 IS 6 Ed. 6. there must be two lawful Accusers in Treason. None is obliged to answer on Oath to a Matter whereby he may accuse himself of a .Crime. 2 Mod. Rep. 278.

aiccph'llt, so called in the Laws of Hen. 1. they being the Levellers of that Age, and acknowledging no Head or Superior.

at ctfom, is a short Clause of a Writ, where the Action requires good Bail; and is by 13 C. 2, t, 2.1

enjoined to be inserted in Writ* where special Bail is required: But it ought not to be inserted, where the Action is against a Peer, or upon a Penal Statute, or against an Executor or Administrator, or for any Debt under 10/. nor in any Action of Account, Covenant, c5V. unless the Damages are 10/. or more. Nor in Trespass, Battery, Wounding or Imprisonment, except there be an Order of Court for it, or a Warrant under the Hand of one of the Judges of the Court, from whence the Writ is issued. 1 Lill.Abr. 13.

Ukrjat ( from the French ) is (said to signify a Contract or Bargain, Brook, Tit. Contract; from whence it is supposed, that Purveyors in 36 Ed. 3. were called Achators, because of their frequent making of Bargains.

3ScfenolX)tc3giucrtt fljtattep, is what is paid in some Parts of England by Tenants, on the Death of their Lord or Landlord, as an Acknowledgment to the new one; and is paid in such Manner as Money usually is on the Attorney- ment of Tenants.

3cquietantta toe &>hiris 9 I&titu D'.cdig, is to be free from Suits and Services in Shires and Hundreds.

3kqutetanDt3 fSHtgt'1'0, is a Writ of Jufticies which lies for a Surety against a Creditor, who refuses to acquit the Debtor after the Debt is paid. Rig. of Writs 158.

Ifcqutttal (both from the French and Latin) to free or discharge, signifies in law, to be free from Entries and Molestations of a superior Lord, on account of Services issuing out of Lands held. In a general sense it signifies a Deliverance, or setting free from the Suspicion of Guilt; as one that is discharged of Felony, is said to


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