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Cbmpleat English Law - Expositor;
An Explanation of every particular Word and Term ilsed in the Law, with an Introduction to the Knowledge of the Law itself, and the present practice thereof:
Compiled for the Instruction and Benefit of Students, Practitioners in the Law, Justice* of the Peace, the Clergy and Other Gentlemen.
The Whole collected from the best Dictionaries, arid other Authorities hitherto published.
Whereto is added Aft Alphabetical Table of the most usual Latin Contractions that are to be found in our ancient Records, %3c.
Originally compiled by an Attorney at Law, and since carefully revised and corrected by a B A RRist E R.
In the SAVOY:
Printed by E. and R. Nutt, and R. Gosling. (Assigns of Edward Sayer, Esq-,) for HiaiWg ^OUgCS at the Looking-Glass on London-Bridge.
tin the Press and Jpeedily will be pub*
RULES of PRACTICE
. _ '" r /.; '« T T' "!
The present:Practice: of the Court of
PART IL Containing
The present practice of the Court of
•ft 'i, "' I
TM. E w
TO those who are unacquainted with the ancient writers of the Law, an Alphabetical Dictionary mufi^ needs be useful to explain tt?f Acceptation and different uses of the Terms', as also their Ety mology, whether French, Saxon or Latin of the lower Agesr but without much Nicety of Definition, or tedious Quotations from-all the Law Reports.
WE know, the Old Terms of the Law
compiled by]. Rastall in 1517. was efieem
u of some Authority before it came to be
enenlarged *; Nor have the late Additions mended it in that Respect; so that considering the enormous Bulk and Price of our Law Dictionaries, we hope it may be thought proper to root up all the Weeds, and to preserve what is ft test for the Common Use of Students.
AS the Records in Latin will be yet of use for Consultation, though in practice they are laid aside, we have made a Table of the chief Contractions that art found in our ancient Writings.
• pride a MS. Discourse of Sir Nic. Bacon on the Succession of the Crown, temp^ Elia.
Tic Coiw anD fc«tf, read Coter and fee?, as in some MS.
Copies of BraStm.
New English Law-Expositor.
/^|ffl5ate, is said to be deri1^2 ved from a French Word, &w which signifies to break down or destroy; and, in our law, Abate retains the like Signification; As to abate a Castle er Fort/et, which is interpreted to beat it down. See Old Natura Brev. p. 45. Westm. I. c. 17. To abate a House, is to ruin or cast it down. Kitcb. ij$. Where a person enters upon a House or Land, void by the last Possessor, before the Heir takes Possession, such Stranger is said to abate, as he that putteth him out, is laid to diffeise. To abate a Writ, is to defeat or overthrow it, on account of some Error or Exception. Britton, c. 48. Statement, is a Derivative from the French, and is used for the Act of the Water : As the Abatement of the Heir into the land before he hath agreed with the Lord. Old'Natura Brew. 01. Abatement of a Writ or Plaint, is an Exception in our law taken and made good, upon an Action brought, either in respect to the Insufficiency of the Matter, or the Uncertainty of what is alledged, or where tie Plaintiff, Defendant, or Place is misnamed: An Exception may be likewise made to the
Variance between the Writ and Specialty or Record; to the Uncertainty of the Writ, Count or Declaration, on account os the Death of the Plaintiff ox.Descn-dant before Judgment had ; or where a Woman, being Plaintiff, is married before, or depending the Suit j and for divers other Causes: Upon these and such like Defaults, the Defendant may pray, that the Suit may abate or cease for that Time, which being granted, the Plaintiff is at Liberty to bring a new Writ or Plaint. A Party being twice charged for one Debt, is a sussicient Ground of Abatement j as where a plaintiff has another Action depending in the Courts at Westminster, for the some Thing: But if such Action be in an inferior Court, that will not answer as a Cause of Abatement, unless Judgment be already given there. 5 Rep. 62. A Suit may likewise be abated, on account that the Writ of Debt precedes the Day of Payment. See more on the Head of Abatement, under the Titles of Writ, Misnofmer and Variance, in the Abridgments, and the Book called The Digests of Writs, where this Matter is Le handled. CSbato?, is a Person that abateth, or enters upon the Possession of a B Route