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RISE, PROGRESS, AND PRESENT STATE
DEFINING AND INTERPRETING
THE TERMS OR WORDS OF ART,
AND COMPRISING ALSO
COPIOUS INFORMATION ON THE SUBJECTS
TRADE AND GOVERNME NET
SIR THOMAS EDLYNE TOMLINS, Knt.
OF THE INNER TEMPLE, BARRISTER AT LAW.
The Fourth Edition,
WITH EXTENSIVE ADDITIONS, EMBODYING THE WHOLE OF THE RECENT ALTERATIONS IN THE LAW.
THOMAS COLPITTS GRANGER, ESQ.
OP THE INNER TEMPLE, BARRISTER AT LAW.
IN TWO VOLUMES.
J. RICHARDSON; J. M. RICHARDSON ; T. HURST; J. BOOKER; J. BOOTH ; C. J. G. AND F. RIVINGTON; BALDWIN AND
Tus Edition of The Law-DICTIONARY was originally undertaken by the late Mr. Dodd, who had made considerable progress in the printing of the first volume, when he was compelled through ill health to abandon the task, and the completion of it was committed to the present Editor, whose responsibility begins with the title Deposition.
Although the latter was aware, previous to commencing his labours, that they would be of some duration, yet the time and attention requisite to prepare the work for the press have greatly exceeded his anticipations.
Owing to the extensive changes that have been effected during the fifteen years which have elapsed since the last Edition, in almost every branch of the Law, both civil and criminal, and to the alterations made in the practice of the Courts of Law and Equity, there is hardly a title of any importance that has not called for a thorough revision, and generally very considerable additions ; while, besides the supply of new matter, the present Editor has in numerous instances considered it advisable to recast and arrange the old, so as to give to it a more systematic and connected form.
Many new heads of Law also have been introduced, with a view to increase the utility of the publication, as a work of general reference.
may perhaps be thought, he might have expunged more of the old Law, where it has been reduced to a dead letter by recent enactments; but in the cases in which it is left, it has been retained in a condensed shape, order to afford to the reader-what it is one of the objects of this Dictionary to comprise—a historical summary of the rise and progress of our legal forms and institutions.
In consequence of the length of time which the undertaking has occupied, several titles in the first volume have been altered by acts subsequently passed. These are, however, for the most part, noticed in the Appendix to that volume, and it is therefore hoped that the work will be found to embody the material provisions of the Statutes enacted in the last Session of Parliament, as well as an accurate Digest of the Law generally down to the end of the past year, and with respect to the greater portion of the second volume, nearly down to the present moment.
In conclusion, the Editor trusts that this Edition will support the high character which has hitherto been maintained by The Law-DICTIONARY, and that it will prove useful to the profession at large, but particularly to such members of it as are not possessed of extensive libraries, since it contains more general information, and embraces a wider range of subjects, than are to be met with in any other legal publication.
June 12th, 1835. 12, King's BENCH WALK,
L A W DICTI O N A R Y.
ABATEMENT, I. 1.
B, from the word abbot, in the beginning of the name of A Plea in Abatement, is a plea put in by the defendant, in
any place, shows that probably it once belonged to some which he shows cause to the court why he should not be imabbey ; or that an abbey was founded there. Blount.
pleaded or sued; or if impleaded, not in the manner and form ABACOT. A cap of state wrought up in the form of two he then is; therefore praying that the writ or plaint may crowns; worn by our ancient British kings. Chron. Angl. abate; that is, that the suit of the plaintiff may for that time 1463. Spelm. Gloss.
1 Inst. 134. b. 277: F. N. B. 115: Gilb. H. C. P. ABACTORS, abaciores, ab abigendo.] Stealers and drivers 186: Terms de Ley, 1: Chitty on Pleading, vol. 1. away of cattle by herds, or in great numbers. Cowel.
As to abatement in Chancery, see this Dictionary, title ABACUS. Arithmetic: from the abacus, or table strewed Revivor. with dust, on which the ancients made their characters and
On this subject shall be considered, figures. Cowel : Du Fresne. Hence ABACISTA. An arithmetician. Cowel.
I. The various Pleas in Abatement, at Law. ABALLABA. Appleby, in Westmoreland.
1. To the Jurisdiction of the Court. ABANDUM, abandonum.] Any thing sequestered, pro- 2. To the Person of the Plaintiff. scribed, or abandoned. Abandon, i. e. in bannum res missa ; a. Outlawry. a thing banned or denounced as forfeited and lost ; from 6. Excommunication. whence, to abandon, desert, or forsake as lost and gone. See c. Alienage. title Insurance.
d. Attaint; and other Pleas in Abatement. ABARNARE, from Sax. Abrian.] To discover and dis- 3. To the Person of the Defendant. close to a magistrate any secret crime. Leg. Canuti, c. 104.
a. Privilege. ABATAMENTUM. An entry by interposition. i Inst. b. Misnomer, 277. See the succeeding articles.
c. Addition. TO ABATE, from the Fr. Abattre.] To prostrate, break 4. To the Writ and Action. down, or destroy; and in law to abate a castle or fort, is to 5. To the Count or Declaration. beat it down. Old Nat. Br. 45: Stat. West. 1. c. 17. Abattre 6. On Account of; a. The Demise of the King. maison, to ruin or cast down a house, and level it with the
b. The Marriage of the Parties. ground; so to abate a nuisance is to destroy, remove, or put . an end to it. See title Nuisance.
II. The Time and Manner of pleading in Abatement; and To abate a writ, is to defeat or overthrow it, by showing
herein of pleading in Bar or Abatement. some error or exception. Brit. c. 48. In the statute de con.
III. The Judgment in Abatement. abled and overthrown. Stat. 34 E. 1. st. 1. So it is said an 1. 1. The courts of Westminster have a superintendency appeal shall abate, and be defeated by reason of covin or deceit. over all other courts, and may, if they exceed their jurisdiction, Staundf. P. C. 148.-—And the justices shall cause the said restrain them by prohibition ; or, if their proceedings are errowrit to be abated and quashed. Stat. 11 H. 6. c. 2.
neous, may rectify them by writs of error and false judgment. The word abate is also used in contradistinction to disseise; Nothing shall be intended within the jurisdiction of an inferior for as he that puts a person seized of the freehold out of pos- court but what is expressly alleged ; so that where an action session of his house, land, &c. is said to disseise ; so he that on promise is brought in such inferior court, not only the prosteps in between the former possessor and his heir, or devisee, mise, but the consideration of it (i. e. the whole cause of action), is said to abate; he is called an abator, and this act of inter- must be alleged to arise within that jurisdiction; Bac. Ab. position is termed an abatement. 3 Blac. Comm. 168 : Pleas (E. 1.): 1 Will. Saund. 74. n. 1; such inferior courts being i Inst. 277: a Kitch. 173: Old Nat. Br. 91. 115. See titles confined in their original creation, to causes arising within the Disseisin ; Intrusion.
express limits of their jurisdiction; and therefore if a debtor ABATEMENT. For its least usual meanings see the two who has contracted a debt out of such limited jurisdiction preceding articles.
comes within it, yet he cannot be sued there for such a debt. In its present most general signification it relates to writs or (Ibid.) plaints; and means, the quashing or destroying the plaintiff's There are no pleas to the jurisdiction of the courts at Westwrit or plaint.
minster in transitory actions, unless the plaintiff by his declaVOL. I.