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ambassadors of the second rank, who are sent with a less extensive commission, to a court where there are no nuncios. This title is equivalent to envoy, (q. v.)

ABNEPOS, in the civil law, is the grandson of the grandson or granddaughter, or fourth descendant.Abneptis, is the grand-daughter of the grandson or grand-daughter.

debility, plethora, faulty conformation, and the like; and it is frequently induced immediately by intense mental emotion, violent exercise, &c. The causes seated in the fœtus are its death, rupture of the membranes, &c. It most frequently occurs between the 8th and 12th weeks of gestation. When abortion is produced with a malicious design, it beABOLITION, is the act by which comes a misdemeanor, at common a thing is extinguished, abrogated or law, 1 Russell, 553; and the party annihilated. Merl. Répert. h. t., as causing it may be indicted and puthe abolition of slavery is the destruc- nished. The criminal means resorted tion of slavery. In the civil and to for the purpose of destroying the French law abolition is used nearly foetus, may be divided into general synonymously with pardon, remis- and local. To the first belong venesion, grace. Dig. 39, 4, 3, 3. There section, emetics, cathartics, diuretics, is, however, this difference; grace is emmenagogues, &c. The second the generic term; pardon, according embraces all kinds of violence directly to those laws, is the clemency which applied. When, in consequence of the prince extends to a man who has the means used to produce abortion, participated in a crime, without being the death of the woman ensues, the the principal or accomplice; remis- crime is murder. By statute a dission is made in cases of involuntary tinction is made between a woman homicides, and self-defence. Aboli- quick with child, (q. v.) and one tion is different; it is applied when who, though pregnant, is not so, 1 Bl. the crime exists which cannot be re- Com. 129. Physiologists, perhaps mitted. The prince then may by with reason, think that the child is a letters of abolition remit the punish-living being from the moment of conment, but the infamy remains, unless ception. I Beck, Med. Jur. 291.— letters of abolition have been obtained General references. 1 Beck, 288 to before sentence. Encycl. de d'Alem-331; and 429 to 435; where will be bert, h. t. The term abolition is found an abstract of the laws of difused in the German law in the sense ferent countries, and of some of the it is used in the French law. En- states, punishing criminal abortion; cycl. Amer. h. t. The term abo- Roscoe, Cr. Ev. 190; 1 Russ. 553; lition is derived from the civil law, Vilanova y Mañes, Materia Criminal where it is sometimes used synony- Forense, Obs. 11, c. 7, n. 15—18. mously with absolution. Dig. 39, 4, See also 1 Briand, Méd Lég. lere 3, 3. partie, c. 4, where is considered the question, how far is abortion justifiable, and it can be considered neither a crime nor a misdemeanor? See Alis. Cr. L. of Scot. 628.

ABORTION, med. jur. and criminal law. The expulsion of the foetus before the seventh month of utero-gestation, or before it is viable, (q. v.) The causes of this accident are referable either to the mother, and particularly to the uterus; or to the fœtus and its dependencies. The causes in the mother may be: extreme nervous susceptibility, great

ABOVE. Uppermost. This word is applied in law to designate the superior court, or one which may revise proceedings of an inferior court on error, from such inferior jurisdiction. The court of error is called

Geo

the court above; the court whose
proceedings are to be examined is
called the court below. By bail above
is understood bail to the action enter-
ed with the prothonotary or clerk,
which is an appearance. See Bail
above. The bail given to the sheriff,
in civil cases, when the defendant is
arrested on bailable process, is called
bail below; q. v. vide Below.

TO ABRIDGE, practice, is to
make shorter in words, so as to re-
tain the sense or substance. In law
it signifies particularly the making a
declaration or count shorter, by taking
or severing away some of the sub-
stance from it. Brook, tit. Abridg-
ment; Com. Dig. Abridgment; 1
Vin. Ab. 109.

Droit Civil Français, tit. prel. § 11, n. 151. Merlin, mot Abrogation.

ABSENTEE. One who is away from his domicil, or usual place of residence. After an absence of seven years without being heard from, the presumption of death arises. 2 Campb, R. 113; Hardin's R. 479; 18 Johns. R. 141; 15 Mass. R. 305; Peake's Ev. c. 14, s. 1; 2 Stark. Ev. 457, 8; 4 Barn. & A. 433; 1 Stark. C. 121; Park on Ins. 433; 1 Bl. R. 404, In Louisiana when a person possessed of either moveable or immoveable property within the state, leaves it, without having appointed somebody to take care of his estate; or when the person thus appointed dies, or is either unable or unwilling to continue to administer that estate, then and in that case, the judge of the place where the estate is situated, shall appoint a curator to administer the same. Civ. Code of Lo. art. 50. In the appointment of this curator the judge shall prefer the wife of the absentee to his presumptive heirs, the presumptive heirs to other relations, the relations to strangers, and creditors to those who are not otherwise interested; provided, however, that such persons be possessed of the necessary qualifications. Ib. art. 51. For the French law on this subject, vide Biret, de l'Absence; Code Civil, liv. 1, tit. 4; Fouss. lib. 1, tit. 4, n. 379-487; Merl. Rép. h. t. ; and see also Ayl. Pand. 269; Dig. 50, 16, 198; Ib. 50, 16, 173; Ib. 3, 3, 5; Code, 7, 33, 12.

ABROGATION, in the civil law, legislation, is the destruction or annulling of a former law, by an act of the legislative power, or by usage. A law may be abrogated or only derogated from; it is abrogated when it is totally annulled; it is derogated from when only a part is abrogated: derogatur legi, cum pars detrahitur; abrogatur legi, cùm prorsùs tollitur. Dig. lib. 50, t. 17, l. 102. Abrogation is express or implied; it is express when it is literally pronounced by the new law, either in general terms, as when a final clause abrogates all laws contrary to the provisions of the new one, or in particular terms, as when it abrogates such and such preceding laws which are named. Abrogation is implied when the new law contains provisions which are positively contrary to the ancient laws, without expressly abrogating such laws for it is a maxim, poste-"absolute bond," simplex obligatio, riora derogant prioribus. 3 N. S. 190; 10 M. R. 172, 560. It is also implied when the order of things for which the law had been made no longer exists, and hence the motives which had caused its enactment have ceased to operate: ratione leges omnino cessante cessat lex. Toullier,

ABSOLUTE, signifies without any condition or encumbrance, as an

in distinction from a conditional bond; an absolute estate, one that is free from all manner of condition or encumbrance. A rule is said to be absolute, when, on the hearing, it is confirmed. As to the effect of an absolute conveyance, see 1 Pow. Mortg. 125; in relation to absolute

rights, 1 Chitty, Pl. 364; 1 Chitty, Pr. 32.

ABSOLUTION, a definite sentence whereby a man accused of any crime is acquitted.

ABSQUE HOC, pleading, when the pleadings were in Latin, these words were employed in a traverse. Without this, that (q. v.) are now used for the same purpose.

ABSTENTION, French law. It is the tacit renunciation by an heir of a succession. Merl. Rép. h. t.

ABUSE, every thing which is contrary to good order established by usage. Merl. Rép. h. t. Among the civilians, abuse has another signification; which is the destruction of the substance of thing in using it. For example, the borrower of wine or grain abuses the article lent by using it, because he cannot enjoy it without consuming it. Leç. El. Dr. Rom. § 414, 416.

ABUTTALS. The buttings and boundings of land, on the north or south, east or west, showing on what other lands, rivers, highways, or other places it does abut. More properly, it is said, the sides of land are adjoining, and the ends abutting to the thing contiguous. Vide Boundaries, and Cro. Jac. 184.

AC ETIAM, Eng. law. In order to give jurisdiction to a court, a cause of action over which the court has jurisdiction is alleged, and also (ac etiam) another cause of action over which, without being joined with the first, the court would have no jurisdiction; for example, to the usual complaint of breaking the plaintiff's close, over which the court has jurisdiction, a clause is added containing the real cause of action.

ACCEDAS AD CURIAM, that you go to court, in practice in the English law, is an original writ, issuing out of chancery, now of course, returnable in K. B. or C. P. for the removal of a replevin sued by

plaint in court of any lord, other than the county before the sheriff. See F. N. B. 18; Dyer, 169.

ACCEDAS AD VICECOMITEM, Engl. law. The name of a writ directed to the coroner, commanding him to deliver a writ to the sheriff, who having a pone delivered to him, suppresses it.

ACCEPTANCE of a bill of exchange, is the act by which the drawee or other person evinces his consent and intention to comply with, and be bound by, the request contained in a bill of exchange to pay the same; or in other words, it is an engagement to pay the bill when due ; 4 East, 72; this engagement is made by the drawee of the bill, or by some other person, supra protest, to the drawer or some of the other parties, either before the bill is drawn or afterwards, and it may be verbal or in writing; and is either absolute, partial or conditional, and when made after the drawing of the bill, is according to or varying from its tenor.

The acceptance ought to be made by the drawee himself, but it may be made by an agent, Chit. Bills, 30; Beawes, pl. 87, page 462; 1 Esp. Rep. 116; Ib. 269. On presentment of a foreign or inland bill for acceptance, the holder has a right to insist upon such an acceptance by the drawee as will subject him at all events to the payment of the bill according to the tenor of it; and consequently such drawee must have capacity to contract, and to bind himself to pay the amount of the bill, or it may be treated as dishonoured. Marius, 22.

The drawee must accept the bill within twenty-four hours after presentment, or it should be treated as dishonoured. Chit. Bills, 212, 213, in notes. On the refusal to accept, even within the twenty-four hours, the bill should be protested. Ib. By the laws of the state of New York

every person upon whom a bill of exchange is drawn, to whom the same is delivered for acceptance, who shall destroy such bill, or refuse within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or non-accepted, shall be deemed to have accepted the same. An acceptance of a bill may be made before a bill is drawn, 3 Mass. 1; but in that case, it must be in writing. See 1 Gall. R. 630; 10 Johns. R. 207; 11 Mass. R. 54; 5 Mass. R. 11; 2 Gall. R. 233; 2 Wheat. R. 66; 15 Johns. R. 6; 1 Hall's Law Journ. 486; 1 East, 105; 4 Campb. R. 393; 1 Holt's C. N. P. 181; Burr. 1633; Cowp. 573; 2 W. C. C. R. 133; or, it may be made after the bill is drawn, and before it becomes due; or after the time appointed by the bill for payment, 1 H. Bl. 313; 2 Green. R. 339, and even after refusal to accept, so as to bind the acceptor.

As to the form of the acceptance, it is clearly established that it may be in writing on the bill itself, or on another paper, 4 East, 91; or it may be verbal, 4 East, 67; 10 Johns. R. 207; 3 Mass. R. 1.

but if he do receive it, he must observe its terms. 4 M. & Selw. 466; 1 Campb. 425; 2 Wash. C. C. R. 485. A partial acceptance varies from the tenor of the bill; as where it is made to pay part of the sum for which the bill is drawn, 1 Str. 214; 2 Wash. C. C. R. 485; or to pay at a different time, Molloy, B. 2, c. 10, s. 20; or place, 4 Ma. & Selw. 462.

ACCEPTANCE, contracts, an agreement to receive something which has been offered. To complete the contract, the acceptance must be absolute and past recall, 10 Pick, 326; 1 Pick. 278; and communicated to the party making the offer at the time and place appointed. 4 Wheat. R. 225; 6 Wend. 103. In many cases acceptance of a thing waives the right which the party receiving before had; as, for example, the acceptance of rent after notice to quit, in general waives the notice. See Co. Litt. 211, b; Id. 215, a; and Notice to quit. This subject is further considered under the articles Assent and Offer, (q. v.)

ACCEPTANCE, EXPRESS,contracts. An agreement in direct and express terms to pay a bill of exchange by the party on whom it is drawn, or some other person, for the honour of some of the parties. It is usually in the words accepted or accepts, but other express words showing an engagement to pay the bill will be equally binding.

An acceptance, in regard to its extent or effect, may be either absolute, conditional, or partial. An absolute acceptance is an engagement to pay the bill according to its tenor, and is usually made by writing on the bill "accepted," and subscribing the ACCEPTANCE, IMPLIED, condrawee's name; or by writing "ac- tracts. An agreement to pay a bill, cepted" only; or by merely writing not by direct and express terms, but the name either at the bottom or by such acts of the parties from which across the bill. Comb. 401; Vin. an express agreement may be inferAbr. Bills of Exchange, L 4; Bayl. red; for example, if the drawee 77; Chit. Bills, 226 to 228. An write "seen," " presented," or any acceptance which will subject the other thing upon it, (as the day on drawer to the payment of the money which it becomes due,) this, unless only on a contingency, is a condi- explained by other circumstances, tional acceptance. Bayl. 83, 4, 5; will constitute an acceptance. Chit. Bills, 234. The holder is not bound to receive such an acceptance, VOL. 1.-5.

ACCEPTANCE, PARTIAL, contracts. An agreement to pay a bill

of exchange, according to the tenor | modation of the drawer. By his acof the acceptance; and this may vary ceptance he admits the drawer's from the bill with respect to sum, handwriting, for before acceptance it time and place: it may also vary was incumbent upon him to inquire from the tenor in which the acceptor into the genuineness of the drawer's undertakes to pay. handwriting. 3 Burr. 1354; 1 Bla. Rep. 390, S. C.; 4 Dall. 234; 1 Binn. 27, S. C. When once made, the obligation of the acceptor is irrevocable. As to what amounts to an acceptance, see ante Acceptance ; Chitty on Bills, 242, et seq.; 3 Kent, Com. 55, 6; Pothier, Traité du Contrat de Change, première part. n. 44.

ACCEPTANCE, VERBAL, contracts. A verbal agreement by the drawee to pay a bill of exchange. This is equally binding with a written acceptance. Holt, 297; Burr. 1669.

ACCEPTANCE SUPRA PROTEST, is the acceptance of the bill, after protest for non-acceptance by the drawee, for the honour of the drawer, or of a particular endorser. When a bill has been accepted supra protest for the honour of one party to the bill, it may be accepted supra protest by another individual, for the honour of another. Beawes, tit. Bills of Exchange, pl. 42; 5 Campb. R. 447.

ACCEPTILATION, contracts. In the civil law, is a release made by a creditor to his debtor of his debt, without receiving any consideration. Ayl. Pand. tit. 26, p. 570; it is a species of donation, but not subject to the forms of the latter, and is valid, unless in fraud of creditors. Merlin, Répert de Jurisp. h. t. Acceptilation may be defined verborum conceptio qua creditor debitori, quod debet, acceptum fert; or, a certain arrangement of words by which on the question of the debtor, the creditor, wishing to dissolve the obligation, answers that he admits as received, what in fact he has not received. The acceptilation is an imaginary payment. Dig. 46, 4, 1 and 19; Dig. 2, 14, 27, 9; Inst. 3, 30, 1.

ACCEPTOR, contracts. The person who agrees to pay a bill of exchange drawn upon him. The acceptor of a bill is the principal debtor, and the drawer the surety. He is bound, though he accepted without consideration, and for the sole accom

The liability of the acceptor cannot in general be released or discharged, otherwise than by payment, or by express release or waiver, or by the act of limitations. Dougl. R. 247. What amounts to a waiver and discharge of the acceptor's liability, must depend on the circumstances of each particular case. Dougl. 236, 248; Bayl. on Bills, 90; Chitty on Bills, 249.

ACCEPTOR SUPRA PRO. TEST, in contracts, is a third person who, after protest for non-acceptance by the drawee, accepts the bill for the honour of the drawer, or of the particular endorser. By this acceptance he subjects himself to the same obligations as if the bill had been directed to him. An acceptor supra protest has his remedy against the person for whose honour he accepted, and against all persons who stand prior to that person. If he takes up the bill for the honour of the endorser, he stands in the light of an endorsee paying full value for the bill, and has the same remedies to which an endorsee would be entitled against all prior parties, and he can, of course, sue the drawer and endorser. 1 Ld. Raym. 574; 1 Esp. N. P. Rep. 112; Bayley on Bills, 209; 3 Kent. Com. 57; Chitty on Bills, 312. The acceptor supra protest is required to give the same notice, in order to charge a party,

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