one of the exceptions which stop the running of statutes of limitation.* ABSENCE, (not equivalent to non-residence). 7 Halst. (N. J.) 84. D. 169. (in divorce petition). L. R. 1 P. & (of judge). 3 Dall. (U. S.) 19, 36. (of justice). 2 Green (N. J.) 590. (of plaintiff). Penn. (N. J.) 653; Coxe (N. J.) 166. (of defendant). South. (N. J.) 289; 3 Halst. (N. J.) 60. (of prisoner). 12 Wend. (N. Y.) 348; 7 Cow. (N. Y.) 525. (of witness). South. (N. J.) 533. (from the state, in State constitution). 26 La. Ann. 568; 21 Am. Rep. 551; 6 Allen (Mass.) 324; 100 Mass. 170. (on public business, in statute of limitations). 31 Ind. 373. (without leave, not of itself the crime of wilful desertion). 115 Mass. 336. ABSENT, (in poor law). 71 Me. 456. ABSENT DEBTOR, (under attachment act). Cai. (N. Y.) 318; 1 Sandf. (N. Y.) Ch. 144. (who included). 1 Cranch C. C. 300; 44 N. H. 306. 1. In Civil Law.-The sentence of a tribunal or judge declaring the innocence of one accused of a crime. ? 2. In Canon Law.-The remission of sin repented of by act of the clergy. In the Roman Church it is absolute remission; in the Greek Church it is deprecatory; in Protestant Churches it is chiefly a mere (in confiscation act). 1 Mass. 385. ABSENTING HIMSELF, (in apprentices inden-release from liability to ecclesiastical disciture). 3 Car. & P. 583.' (in affidavit for an attachment). 2 Harr. (N. J.) 154. ABSENTS HIMSELF, (in bankrupt law). 1 Campb. 152. pline or punishment. ABSOLUTISM.-A system of government, either monarchical or democratic, in which the governing power is vested ABSOILE-ASSOILE.-To pardon, absolutely, in one or more persons, or in or set free; used with respect to deliverance a majority, unchecked by any existing law from excommunication.-Cowell; Kelham. or law making power. *In English law absence, generally, is of a fivefold kind. (1) A necessary absence, as in banished or transported persons. (2) Necessary and voluntary, as upon the account of the commonwealth, or in the service of the church. (3) A probable absence, according to the civilians, as that of students on the score of study. (4) Entirely voluntary, on account of trade, merchandise and the like. (5) Absence cum dolo et culpa, as not appearing to a writ, subpoena, citation, &c., or to delay or defeat creditors, or avoiding arrest, either on civil or criminal process. Absence beyond seas is absence from the United Kingdom and the adjacent islands belonging to her Majesty. It was formerly a disability in a plaintiff under the Statutes of Limitations entitling him to an extension of time after his return; but this is so no longer. (Stat. 19 and 20 Vict. c. 97, % 10; 37 and 38 Vict. c. 57, 4). In the case of a person against whom a claim exists in respect of a simple contract or tort being absent beyond seas at the time of the right of action accruing, the plaintiff may bring his action within the time limited for that purpose after the defendant's return. (Stat. 4 and 5 Anne, c. 3, 19, (commonly cited as 4 Anne, c. 16); 19 and 20 Vict. c. 97, ¿? 11, 12.) Absence beyond seas entitles an intending appellant to the House of Lords to an extension of the year usually allowed for appealing, but not to more than five years in the whole. Standing Orders as to Appeals, May, 1878. ABSQUE.-LATIN. the insertion in a conveyance, or other instru Without. Used chiefly in such phrases ment, of superfluous words designed to aid in expressing the party's intention, is not fatal to the instrument if, read without them, it would be valid. 88 Absque aliquo inde redendo: out rendering anything therefrom. from the Crown reserving no rent. Abr. 502. With- Absque hoc: Without this. words of exception which were made use of in a special traverse; as, the defendant pleads that such a thing was done at B., &c., without this (absque hoc). Bull. N. P. 93; 6 Com. Dig. 167; 1 Saund. 21; Dyer. 112. Absque impetitione vasti: Without impeachment of waste. A reservation frequently made to a tenant for life, that no man shall impetere or sue him for waste committed. Absque tali causa: Without such cause. Formal words in the new obsolete replication de injuria. ABSTRACT OF TITLE.-A docu ment containing an epitome of the deeds, devises, and incumbrances affecting the title to land, and upon which such title depends. In England (in the absence of a stipulation to the contrary), the purchaser is entitled to receive an abstract of title from the vendor, to facilitate his examination of the title, and with this object it is arranged in a peculiar manner. * In the United States the duty of furnishing the abstract is not so definitely imposed upon the vendor, but the expenses incurred by the purchaser in its preparation are in many instances paid by the vendor, or deducted from the purchase money. This, however, is usually a matter of agreement, and not regulated by statute. Abundans cautela non nocet: Extreme care does no harm. Under this principle *The brief paper on which it is written is divided into columns or margins, and every margin is appropriated to a particular kind of clause in the deeds to be abstracted; thus the description of the deed and the names of the parties are placed in the first or outer margin; the recitals in the second margin, the testatum in the first margin, the parcels in the fourth margin, the habendum and covenants in the third margin, &c.; all verbiage is omitted, and certain clauses of frequent occurrence in identical terms ("Common Forms") are represented by abbreviations. The abstract is verified by the production of the original deeds, certified copies of the court rolls, probates of wills, statutory declarations, &c. (Dart. Vend. & P. 310.) A document from which the abstract is made is said to be abstracted in chief, in opposition to those documents which are abstracted indirectly by being introduced in the recitals of other abstracted instruments. (Dart. 299.) Thus, if ABUSE.-LATIN: ab, from, and utcre, to use. An improper use of a person or thing. 21. Abuse of distress, is the using an animal or chattel distrained. This makes the distrainer liable as for a conversion. 2. Abuse of process. When an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent, there is said to be an abuse of process. 3. In Civil Law, the borrower of a chattel which, in its nature, cannot be used without consuming it, such as wine or grain, is said to abuse the thing borrowed if he uses it. 4. Abuse of female child. See RAPE. ABUSE, (of corporate franchise). 3 Pittsb. (Pa.) 20. (in statute punishing carnal knowledge of female child). 58 Ala. 376. ABUT-ABUTTALS.-FRENCH: aboutir, to adjoin; à, "to," and bout, "end." To border on. To reach, or touch. Land abuts on that by which it is bounded, e. g. on another piece of land belonging to a different owner. In a deed the description of the boundaries of the land conveyed or leased, &c., is sometimes called the abuttals. (For the cases on the old rule, that in an action of trespass the abuttals an abstract is made from a conveyance from A. to B., in which is recited a conveyance from Z. to A., the conveyance from A. to B. is said to be abstracted in chief, while that from Z. to A. is not. An abstract is said to be "perfect" if it is as complete as the vendor can make it at the time of delivery; sometimes a "perfect abstract" means one which shows a perfect title, that is, when it shows that the purchaser will acquire the legal and equitable estates free from incumbrances. (Id. 281.) Of course where a person's title to property consists wholly of entries in registers (e. g. a copyright or registered land) no abstract is required. Under the Stamp Acts, when an adjudication stamp is applied for, the application is generally required to be accompanied by an abstract of the instrumert to be stamped. (Stamp Act, 1870, 20; Dow. Stamp Acts, 114.) This abstract is made out on a printed form furnished by the commissioners. 13 a.) ABUT, (in real property law). 2 Chit. Pl. 660. ABUTMENT, (of a bridge). Cro. Jac. 184; 3 Harr. (N. J.) should be set out, see Fish. Dig. Trespass, the expression of a unity of intention with the person making the offer. (Poll. Cont. 9; Chit. Cont. 11; see AGREEMENT.) Ordinarily, acceptance implies the receipt of something offered by another with intent to retain it. Thus, assent by one contracting party to the terms and conditions proposed by the other, is an acceptance, the offer having been received with intent to retain the benefits expected from it. 112. ABUTTALS, (in pleading). 8 East 85; 1 Saund. 112 n.; 6 Mod. 72; Com. Dig. 26, 42; Bac. Abr. 13. ABUTTING, (when estate is). 12 Mass. 408. AC ETIAM.—And also. A phrase used in pleading to introduce the statement of the real cause of action, after a fictitious cause of action, inserted for the purpose of giving the court jurisdiction, has been stated. See Burg. Ins. 149; 3 Sharsw. Bl. 288.-Bouvier. ACADEMY, (subscription for). 11 Mass. 117. ACCAPITARE.-To pay relief to lords of manors. Capitali domino accapitare, i. e. to pay a relief, homage, or obedience to the chief lord on becoming his vassal. ACCAPITUM.-Money paid by a vassal upon his admission to a feud; the relief due to the chief lord. ACCEDAS AD CURIAM.-That you go to the court. An original writ to the sheriff, issued out of Chancery, where a man has received false judgment in a Hundred Court or Court Baron, or justice has been delayed. 2. Of bill of exchange.-In the law of bills of exchange, acceptance is where the drawee of a bill (or in certain cases some other person) writes his signature across the bill, with or without the word "accepted" or other words. (Bills of Exch. Act, 1878, passed in consequence of the decision in Hindlaugh v. Blakey, 3 C. P. D. 136. See PRESENTATION, ? 1.) He thereby engages to pay the bill when due. Byles Bills 184. 23. The different kinds of acceptance. An acceptance may be either absolute, [general,] qualified, or special. An absolute or express acceptance is one without qualification or limitation. A qualified acceptance is either conditional, where the acceptor inserts in the acceptance words which make his liability to pay dependent on the happening of some event, or the like; or partial, or varying from the tenor of the bill, as where he accepts for part of the amount of the bill, or for a different date. (Byles Bills 193.) So, also, an acACCELERATE.-In English law, an ceptance may be implied from acts calcuestate, interest or other right is said to be accel-lated to warrant the inference of an undererated when it comes into possession (or is likely ACCEDAS AD VICECOMITEM.That you go to the sheriff. Where the sheriff has a writ called a pone delivered to him, but suppresses it, this writ is sent to the coroner, commanding him to deliver a writ to the sheriff. ACCEDE, (in a letter offering sale of land). Munf. (Va.) 86. 6 to come into possession) sooner than it otherwise taking to pay the bill. ACCEPT, (in federal constitution). 4 Gill & J. (Md.) 5; 2 Hill (N. Y.) 582. ACCEPT A DEED, (Á to, in award). Ld. Raym. 611. ACCEPT BILLS, (power to). 7 Barn. & C. 278; 1 Man. & Ry. 66. 4. A special acceptance is one which specifies a particular place for payment of the bill. It may either make the bill payable at a particular place (e. g. a banker's,) without more, in which case presentment may be made not only to the banker, but also to the acceptor (whence such an acceptance is said to be a general acceptance as against him); or it may make the bill payable at a particular place, and not elsewhere, in which case ACCEPTS, (written on bill of exchange). 1 presentment can only be made at that Bouv. Inst. 466. place. Byles Bills 194; Stat. 1 and 2 Geo. IV., c. 78. ACCEPTANCE.-LATIN: accipere, from ad and capere, to take. 1. In its widest sense, acceptance is the act of assenting to an offer; in other words, 5. For honor, or supra protest.When a bill has been dishonored by nonacceptance or protested for better security, P. 272; 2 Id. 532; 3 Dow. & Ry. 220, 827; 4 Inst. 466. & B. 174. (written on promissory note). 2 Brod. ACCEPTILATION.-The act of the any person may accept it for the honor of the drawer or of any of the indorsers, and thereby engage himself to pay the bill at maturity, if it is then presented to the drawee or acceptor and dishonored. Except where there is a "reference in case of need" (q. v.), it seems that a bill can only be accepted for honor after it has creditor under the civil law, in discharging the obligation of the debtor, without receivbeen protested, and hence such an accepting any consideration therefor. Such a transance is sometimes called an acceptance action was valid unless in fraud of creditors. supra protest. (Byles Bills 261.) The ac- Merl. Répert. ceptor for honor, if he pays the bill, has a right of action against the party for whose honor he accepts, and against all whom that party might have sued. Sm. Merc. L. 239. 6. Promise to accept.-A promise in writing to accept a bill not yet drawn or presented has been held in many cases to operate as a valid acceptance of the bill when drawn. And in Massachusetts a promise by telegram has been held to have that effect. 109 Mass. 414. 7. In marine insurance the acceptance of an abandonment by the underwriter, is his assent, either express or to be implied from the surrounding circumstances, to the sufficiency and regularity of the abandonment. Its effect is to perfect the insured's right of action as for a total loss, if the cause of loss and circumstances have been truly disclosed. Such acceptance is frequently constructive, as where the underwriter, without authority from the insured or owner, takes possession of the ship in order to repair her; or where, having authority to take such possession, he retains possession for an unreasonable time. 1 ACCEPTANCE (when means "demand"). Man. & Ry. 125. (of a bill of exchange). 4 Otto (U. S., 343; 2 Barn. & Ald. 113; 7 Barn. & C. 416; 3 Bingh. 625; 51 Ill. 106; Cro. Jac. 306; 5 East 521; 2 Green (N. J.) 341; 3 Kent Com. 75; 5 Wend. (N. Y.) 414; 2 Stra. 1000. (of a charter of incorporation). Ang. & A. Corp. 46-52; 22 Ind. 272; 4 Mau. & S. 255. (of a check). 4 Otto (U. S.) 343. (of an office). 1 Cranch (U. S.) 137; 2 N. H. 202; 7 Wheel. Am. C. L. 142. (of an official bond). 3 Pick. (Mass.) 335. (of an order, suit brought on). Penn. (N. J.) 922. ACCEPTOR.-The party who accepts a bill of exchange, or who engages to pay it in the first instance. The acceptor is generally the drawee, and thereafter becomes the principal debtor, the drawer becoming a surety merely. 1 Hill (N. Y.) 501. ACCEPTOR SUPRA PROTEST.— One who accepts a bill after its dishonor and protest, to save the credit of the drawer or indorser. See ACCEPTANCE, ? 5. ACCESS.-LATIN: accedo, to go to. Approach; the means of approach; opportunity to approach. 1. In real property law, the right of access is that possessed by the owner of land adjoining a highway (e. g. a road or river) to go from his land on to the highway and vice versa without obstruction. It is a different right from the public right of passage or navigation on the highway. (L. R. 5 App. Cas. 84.) As to access of light, see EASEMENT, ?? 2, 4; also, LIGHT. ? 2. As to legitimacy.-The term "access " is also used in questions of legiti macy to denote cohabitation or opportunity of sexual intercourse between husband and wife. (2 Steph. Com. 285.) The presumption of a child's legitimacy is rebutted, if it be shown that the husband had not access to his wife within such a period of time before the birth, as admits of his having been the father. But if he have access, and others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances, is legitimate in the eye of the law. See BAS ACCESSARY.-See ACCESSORY. ACCESSORY.-LATIN: accessorius. another thing (called the principal) as an (1) Anything connected or joined with incident or subordinate, is accessory to such principal thing. (2) He who is not a perpetration, but yet is in some way concerned therein, either before or after the fact committed, is an accessory to the crime. In this latter sense the word is sometimes spelled accessary. ACCESSION, strictly speaking, is where a thing which belongs to one person becomes the property of someone else, by reason of its becoming added to or in-chief actor at a felony, nor present at its corporated with a thing belonging to the latter. This takes place in the case of alluvion, dereliction, the addition of buildings, plants, &c., to the soil, the erection of fixtures, and where two things are so united as to form one, as by the embroidering of cloth, the painting of a picture on canvas, &c. 2 Just. Inst. 1, 28 20 et seq.; Hunt. Rom. Law 128; 1 Vangerow, Pandekten, 629. 2. Blackstone includes under accession what is more correctly called specificatio, which takes place where a person makes a new thing (species) out of materials belonging to another, and thereby acquires the ownership of them, subject to making compensation to the former owner for their original value. 2 Bl. Com. 404; Kuntze, Cursus, 22 508-511.* 3. The word is also used to denote the beginning of the reign of a sovereign, or the acceptance by one nation of a treaty already concluded between two or more other states or sovereignties. Merl. Répert. ACCESSION, (of land, law of). 8 Wheat. (U.S.) 1, 108. (by alteration of property in species). 5 Johns. (N. Y.) 348; 7 Cow. (N. Y.) 95. Accessorium non ducit, sed sequitur suum principale: An accessory thing does not lead, but follows the principal thing to which it is accessory. Thus, in certain cases, a fixture becomes the property of the owner of the land to which it is affixed, and crops are the property of him on whose land they grow. Accessorium sequitur naturam rei cui accedit: The accessory follows the nature of the thing to which it is accessory. See ACCESSION; ACCRETION. Accessorius sequitur naturam sui principalis: The accessory follows the nature of his principal. An accessory to a crime cannot be deemed guilty of a higher degree of the offence than his principal. *The doctrine of property arising from accession is grounded on the right of occupancy, and derived from the Roman law; thus, if any given corporeal substance receive an accession, either by natural or artificial means, as by the growth of vegetables, the pregnancy of animals, the embroidering of cloth, or the conversion of wood or metal into utensils, the original owner of the 21. Before the fact.-An accessory before the fact is he who, directly or indirectly, counsels, procures, aids or commands any person to commit any felony which is committed in his absence, in consequence of such counsel, aid or command. (1 Russ. Cr. 164; Steph. Cr. Dig. 24.) In England the accessory before the fact to any felony is in all respects in the same position as if he were a principal felon. (Stat. 24 and 25 Vict. c. 94 % 1, 2; Greaves Cr. Acts, 18.) In high treason and misdemeanor there are no accessories, but all persons concerned therein, if guilty at all, are principals. (1 Russ. Cr. 167, 169.) This is not so well settled in the United States as respects persons who assist traitors. Serg. Const. L. 382; 4 Cranch (U. S.) 472, 501. ? 2. After the fact.-An accessory after the fact is a person who, knowing a felony to have been committed by another, receives, relieves, comforts or assists the felon, in order to enable him to escape from punishment, or the like. 1 Russ. Cr. 171; Steph. 27; 39 Miss. 702. 3. At the fact.-In English law principals in the second degree are sometimes called accessories at the fact. 1 Russ. Cr. 156. ACCESSORY, (defined). 4 Bl. Com. 35; 2 Stark. Ev. 8. ACCESSORY AND PRINCIPAL, (defined). Coxe (N. J.) 453. See also Baldw. (U. S.) 78, 102; 1 Woodb. & M. (U. S.) 221. |