not to sell the ship or cargo, unless in case of absolute necessity. After an abandonment, the captain is of course accountable to the underwriters.

An assured should well consider before he "elects" or chooses to abandon. Unless his case can be brought within the principles of the instances above adduced, it is most advisable for him to make the best of the cargo, and claim for a partial loss, the tenor of legal decisions indicating that abandonment and its consequences are not much favoured in the courts.

An abandonment must be total, and not partial, for it is upon the presumption that, although the goods do in fact exist, yet, from some of the perils or casualties mentioned in the policy, they are rendered so unprofitable to the assured as to entitle him to claim as for an absolute loss, leaving the underwriters or assurers to make the most of what is thus abandoned, or thrown upon their hands.

In Insurance of goods against fire, the loss may be either partial or total; and many of the offices, if not all, expressly undertake to allow all reasonable charges attending the removal of goods in cases of fire, and to pay the sufferer's loss if the goods are destroyed or damaged by the removal, for no owner is bound under such circumstances to hazard his person, or take extraordinary diligence in saving his goods: the damaged goods are abandoned to the Insurance Office, and they sell them, and carry them to their own account; so that, as far as the nature of these contracts permits, the principles are alike.

ABATE. To overthrow or level. To abate a nuisance, means to remove or put an end to a nuisance. This word has another meaning, viz. in respect to the interruption or intrusion by a wrong-doer, called an abator, who, on the death of an owner of land, puts out the heir, or interposes a possession adverse to the heir. Also to abate a writ or process legally means the showing of some defect therein, and thereby overthrowing it or defeating it. From this last is derived what are termed pleas in abatement, which are pleas not much favoured in law, being in many cases answers to the form, not the merits of an action, by showing legal inconsistencies and improprieties in the writ or declaration which sets out the grievance or complaint, such as the omission of necessary parties who should be joined together as plaintiffs or defendants, the original defect of the action, as that a wrong is stated to have been committed by force, when it is clearly a grievance arising upon a breach of contract. Sometimes a circumstance of moral hardship, as that another action is pending for the same cause of action. These, with some others it is not within the scope of the present work, nor would it be practically useful for the reader, to inquire into.

A common plea in abatement, which was styled a plea of misnomer, i. e. an objection for erroneously setting forth the Christian or surname of the defendant, and which frequently enabled a defendant to delay his plaintiff, is now abolished. If an error of that nature appears, a Judge will permit the plaintiff to amend his proceedings, not leaving them, as heretofore, to be nullified by the court.

ABATÉMENT, is an allowance made for prompt payment, and in this sense it is used in the customs.

ABATEMENT OF LEGACIES. See LEGACIES.

ABDICATE. The renouncing or giving up of an office before the term of service or enjoyment is expired, This word is in common parlance confounded with resignation, but materially differs from it, as ab

dication is done absolutely, whereas resignation is in favour of some other person.

ABDUCTION. The taking away of any children from a parent by any sinister means, as violence, deceit, conspiracy, intoxication, or fraud, for the purpose of marrying them, was always indictable as a misdemeanor, and in particular cases was punishable as a capital felony, and an indictment will now lie for a conspiracy to marry an infant in order to obtain the possession of fortune. The case of Edward Gibbon Wakefield called the attention of parliament to this subject; and by the statute 9 G. 4. c. 31., and in Ireland 10 G. 4. c. 34. ss. 22, 23, 24., the fraudulent or forcible abduction or detaining of any female possessed of any interest in real or personal estate, or an heiress presumptive, or next of kin to any person having such interest, from motives of lucre, with intent to marry or defile her, is felony, punishable, in the principal, accessories, and abettors, with transportation for life, or not less than seven years, or imprisonment, with or without hard labour, not exceeding four years. Also the taking of any unmarried girl under the age of sixteen out of the possession of her father, mother, or person having the lawful care of her, is a misdemeanor punishable with fine or imprisonment, or both, as the court shall award.

A subsequent marriage of a woman or girl to the abductor will not take the case out of the statute, more especially if the marriage was effected by means of fraud, for no person under the influence of fraud can be considered a free agent.

The woman can also, after marriage, be a witness against the offender, and on the other hand can be a witness for him, though she should have cohabited with him from the day of the marriage.

With respect to the taking of an unmarried girl under sixteen, it is an offence within the meaning of the statute to take away a natural daughter from the custody of her putative father. With regard to this offence, it is to be remarked, that as the act is positively prohibited, the absence of a corrupt motive will not be a defence to the charge; and it is no legal excuse that the defendant made use of no other means than the common blandishments of a lover to induce her to elope with him and marry him. Abduction is also used for the offence called childstealing. By the above statute it is enacted, that the maliciously, by force or fraud, leading or taking away, or decoying or enticing away, or detaining any child, male or female, under the age of ten years, with intent to deprive the parents or other person of the lawful possession of such child, or with intent to steal any article, or receiving or harbouring any such child, knowing the same to have been stolen away, is a felony, and punishable, in principals and accessories and abettors, with transportation for seven years, or imprisonment (with or without hard labour) for two years; and if a male, to be once, twice, or thrice publicly or privately whipped, in addition to the imprisonment, if the court think fit; but there is an exception in favour of fathers claiming a right to take their illegitimate children from the mother.

There is a species of abduction which only consists of a civil wrong, such as harbouring an apprentice or servant, wife, child, or relative, in absence of any proof of an original illegal enticing away or detaining, for which action on the case will lie; and as to the restoration of the persons harboured, a writ of habeas corpus can be obtained from the court or a judge, or a warrant from a chief justice authorising search, upon affidavit of the facts; but in the case of an apprentice, impressed

or volunteering into the king's service, a Habeas Corpus is not grantable unless at his own instance. See HABEAS CORPUS.

ABETTOR, is an instigator or inciter, a person who promotes or procures the commission of an offence or felony by his counsel, command, or encouragement. In almost all cases of felony, the abettor is now considered as much a principal as the actual felon, especially in the case of murder, and the abettors of offences punishable summarily by justices of the peace are subjected to the same penalties as the principal. See ACCESSORY.

ABEYANCE. When the inheritance to which a party claims to be entitled is not in the possession of any one, it is said to be in abeyance. Titles of honour and dignities are said to be in abeyance when it is uncertain who shall enjoy them; as when a nobleman, holding his dignity descendible to his heirs general, dies, leaving daughters, the king by his prerogative may grant the dignity to which of the daughters he pleases, or on the male issue of one of such daughters. During the time the title to the dignity is thus in suspension, it is said to be in abeyance. A parsonage remaining void, is also said to be in abeyance. In a more loose sense, this term is used to denote that a judgment is pending relative to a matter or right undetermined, and of which no one hath the immediate enjoyment, the right being in a state of suspension. The strict interpretation of this word as to freehold interests has puzzled eminent lawyers; and Mr. Justice Coleridge lately observed, that it was more a matter of curiosity than practical importance.

ABORTION. To administer to any woman being quick with child, any poison or noxious thing, or to use any instrument or other means whatever, with the intent to procure miscarriage, is by law declared a capital felony, not only as against the offender, but as against every one counselling, aiding, or abetting therein. And to use the like means to procure miscarriage in a woman not quick with child, or not proved so to be, is also declared a felony punishable by transportation for 14 years, or imprisonment, with or without hard labour and whipping. By the words" other means," the administering any herb, or drug, or any act done with the intent to produce abortion, constitutes the offence: and it may be remarked, that if death ensue, the party is guilty of murder.

ABUTTALS, or BOUNDARIES. The buttings or boundings of lands, East, West, North, or South, with respect to the places by which they are limited and bounded. The sides or the breadth of lands are more properly described as adjacent or bordering, and the ends in length abutting or bounding. Boundaries are of several sorts, such as hedges, ditches, and inclosure of walls, land-marks in common fields, trees and boundary stones in parishes, brooks, rivers, highways, in manors or lordships, &c.

The memory of the boundaries and abuttals of corporation, parochial, and church lands, is preserved by annual or periodical processions.

By the Municipal Corporation Act, the boundaries of the boroughs named in the first section of the schedules (A) and (B), are to be those which were settled by the act 2 & 3 W. 4. c. 64. for settling and describing the divisions of counties, and the limits of cities and boroughs in England and Wales, &c. And the boundaries of those named in the 2d section of the said schedules are to remain until altered by parliament. No place detached from a borough is to be included within it; but, subject to this provision, the boundaries of every borough are to include the whole of the liberties of the same.

By a late Act (2 & 3 W. 4. c. 80.), passed for the purpose of authorising and enabling ecclesiastical and collegiate corporations to enter into agreements or deeds of reference with their lessees or tenants, or with the owners of lands adjoining to or intermixed with their own, unknown or disputed boundaries or quantities of land can be referred to the adjudication of a person or persons to be nominated by such bodies, and their tenants, or the owners of such adjoining or intermixed lands; and the referees may make maps and plans, and examine parties on both, and call for deeds and writings, and are to make their award on parchment, which is to be approved of by all parties interested, in writing, to be kept in the registry of such ecclesiastical or collegiate corporation, and to be produced to every person interested in the subject-matter thereof, on payment of one shilling, and copies to be furnished.

The granting a commission to ascertain the boundaries of the lands of individuals whose lands lie intermixed, and the fences thereof thrown down, or boundaries ploughed over, is an ancient branch of the jurisdiction of the court of chancery.

It is the duty of a tenant to preserve as he found them, distinct, the boundaries of his landlord, and of landlords of adjoining property; and if he suffer them to become confused, he may be bound to substitute land of his own of equal value, to be ascertained by commissioners.

Where freehold and copyhold land is intermixed, it will be prudent to obtain and mark, from time to time, the boundaries of the different parts of the estate, and that should be done in the presence of the steward or bailiff of the manor, or at least he should have notice to attend. This may save the expense of a commission, which is a chargeable proceeding. In like manner, two owners of freehold, adjoining, may settle the boundaries of each other's land, and prevent future disputes or loss. Plans signed by the owners of adjoining estates, will always evidence a boundary against subsequent possessors of either land, at any distance of time; whereas, if either owner encroach on his neighbour's land, for more than 20 years, and no proceedings are instituted to remove it, in the absence of such written evidence, the encroachment cannot be resisted. ABUTTALS, BOUNDARIES OF COUNTIES. Felonies and misdemeanors committed on the boundaries of counties, or within 500 yards thereof, or begun in one county and completed in another, may be tried in either. And where the side, centre, bank, &c. of any river, canal, or highway, constitutes the boundaries of two counties, offences committed in any journey or voyage may be tried in any county through which the course of the voyage or journey may have been.

By the Uniformity of Process Act, writs of summons, or capias, are to be served within the county therein mentioned, or within 200 yards of the border thereof, and not elsewhere. This act does not extend to writs of execution or attachments for nonpayment of money; for if the arrest was made out of the proper county, an action of trespass for the imprisonment might be maintained, there being no such exception as to the 200 yards' distance. Places part of a county, but wholly situate within and surrounded by some other county, are to be considered as part of the latter county for the purposes of arrest.

The first of the recent acts for building additional churches and chapels enacts, that boundaries of new parishes created by any complete division, and of ecclesiastical districts, shall be ascertained, and the

description of such bounds enrolled in chancery, and registered in the registry of the diocese, and notice thereof given, as the commissioners shall direct; and these boundaries may, by special representation made to the king in council, be altered within five years, with the bishop's consent; such alterations to be likewise enrolled. See 58 G. 3. ss. 21, 22, 23, 24. 30, and 31.

The boundaries of parishes and manors, hamlets or districts, and the boundaries between lands to be enclosed and adjoining lands, are to be settled by commissioners under the Inclosure Act of 41 G. 3. c. 109. (s. 3.), and the General Inclosure Act of 6 & 7 W. 4. c. 115. (s. 28.), subject to an appeal at the sessions, in respect of the boundaries of any parish, manor, hamlet, or district.

ACCEDAS AD CURIAM. The title of a writ which removes a plaint from an inferior court, generally the county court, the issuing of which is a preliminary to trying a question of right upon a distress of goods by the proceeding called Replevin, which see.

ACCEPTANCE, signifies the accepting or taking of one thing as a compensation for the payment or performance of another: it is akin to what is termed accord and satisfaction, but is distinguished from it by legal subtleties. All that need here be said upon this subject is, that when a party is entitled to a gross sum, he is not bound to accept it piecemeal, and the acceptance of a less sum in satisfaction of a greater may be taken before the day the money becomes due.

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ACCEPTANCE, is also an engagement to pay a bill of exchange according to the tenor of the acceptance. It may be either written or verbal. Written, as by the drawee or person to whom the bill is addressed writing on the face of the bill, generally across, Accepts," Accepted for L ." "Accepted, A. B." "Accepted for months," (for the drawee may accept for a less sum or for an enlarged period). The words "Presented the (date)," written by a drawee, amounted to an acceptance, and signature is not legally essential. These forms must be adhered to in respect of English or Irish bills; though in the case of Scotch and foreign bills, an acceptance need not be in writing on the face of the bill, but it may be given by a letter or any collateral memorandum, or even may be verbal, as where the person drawn upon says " I will accept," Leave your bill with me and I will accept it,”`“ I will take it up when duc." A small matter, it seems, will amount to a verbal acceptface, and any words will suffice which show the party's unconditional agreement or assent to pay the bill. A bare promise by a debtor to his creditor that he would pay a bill drawn upon him at a given date, as he would then have the money, does not amount to an acceptance of the bill when drawn; but an agreement to honour or accept a bill will, in many of the latter cases, be equivalent to an acceptance, and it is immaterial whether that agreement be verbal or in writing.

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If a bill be drawn payable after sight, the acceptor should in his acceptance state the date, as Accepted, A. B., 31st August, 1837;"

the time is thus fixed.

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A book-keeper or other person usually transacting business of this nature for the master, accepting a bill, binds the master.

A mere acceptance, without delivery to the holder, is not sufficient to make this contract binding.

The engagement which constitutes the acceptance is usually made to the holder of the bill, or to some person who intends to receive it, and then the drawee, now the acceptor, must answer to him, and any pre