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Oath.

Of plaintiff.

Of defendant.

Of appellant.

ABJURATION.-§ 1. To abjure is to renounce on oath. To abjure the realm was to take a perpetual oath of banishment; abjuration was "a deportation for ever into a forreine land," and was a civil death,' until it was abolished by stat. 21 Jac. 1, c. 28. § 2. The oath of abjuration, by which members of parliament and public officials were required to abjure or renounce the Pretender, was abolished by stat. 21 & 22 Vict. c. 48, and 29 & 30 Vict. c. 19.3 (See Oath; Relegation; Death.)

ABORTION. See Miscarriage.

ABRIDGMENTS are digests of the law, arranged alphabetically. The oldest are those of Fitzherbert, Brooke and Rolle, the more modern those of Viner, Comyns and Bacon. The term "digest" has now supplanted that of "abridgment."

ABROGATE is to annul or repeal an order or rule issued by a subordinate legislative authority; e.g. a rule of practice issued by the judges of a Court.

ABSCOND.-§ 1. To abscond is to leave one's ordinary residence or country to avoid legal proceedings."

§ 2. The Absconding Debtors Act, 1870 (33 & 34 Vict. c. 76), is intended to prevent "insolvent debtors departing for foreign countries before the necessary proceedings can be taken to make them bankrupt;" and for that purpose enables a Bankruptcy Court to issue a warrant for the arrest of the debtor before the petition for adjudication has been presented. (See Bankruptcy; Debtors Act.)

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.

§ 2. 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.'

§3. 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. (See Limitation; Disabilities.)

ABSOLUTE.-A decree, order, rule, declaration, &c., is said to be absolute either (1) when it is to take effect at once (absolute in the

1 Co. Litt. 133 a.

2 Bl. Comm. iv. 133.

3 Steph. Comm. ii. 338, 401.

4 Steph. Comm. i. 51.

5 Crane v. Jullion, 2 Ch. D. 220; Ex

parte Gutierrez, 11 Ch. D. 298.

& Stat. 19 & 20 Vict. c. 97, s. 10; 37 &

38 Vict. c. 57, s. 4; Shelford, R. P. Sta

tutes.

7 Stat. 4 & 5 Anne, c. 3, s. 19 (commonly cited as 4 Anne, c. 16); 19 & 20 Vict. c. 97, ss. II, 12.

8 Standing Orders as to Appeals, May, 1878.

first instance); or (2) when it was originally made provisional and no one has satisfied the Court that it ought not to take effect. (See Nisi; Decree; Foreclosure.) As to the meaning of "absolute," when applied to an estate, to the acceptance of a bill of exchange, &c., see the various titles.

ABSTRACT.-§ 1. Upon a contract being entered into for the sale of Of title. property the title to which is evidenced by deeds or other conveyances, the purchaser (in the absence of a stipulation to the contrary) is entitled to receive from the vendor a document containing an epitome of the deeds, &c., with dates of events bearing on the title, e.g. deaths, marriages, &c., so that the whole document may show the title which the vendor is bound to give. (See Title.) This is called the abstract of title. Its object is to facilitate the examination of the title by the purchaser and his legal advisers,' and with this object it is arranged in a peculiar manner. 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. § 2. The abstract is verified by the production of the original deeds, certified copies of the court rolls, probates of wills, statutory declarations, &c." (See Evidence, § 2.)

§ 3. A document from which the abstract is made is said to be In chief. abstracted in chief, in opposition to those documents which are abstracted indirectly by being introduced in the recitals of other abstracted instruments. Thus if 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.

§ 4. An abstract is said to be "perfect" if it is as complete as the Perfect. 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."

$5. 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. (See Requisitions.)

§ 6. Under the Stamp Acts, when an adjudication stamp is applied for, For adjudicathe application is generally required to be accompanied by an abstract of tion stamp. the instrument to be stamped. This abstract is made out on a printed

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form furnished by the Commissioners. (See Stamp.)

1 See Bythewood, Conv. i. 75; Davids. Conv. i. 523.

2 Dart's Vendors and Purchasers, 310. 3 Dart, 299.

4 Ibid. 281.

5 Stamp Act, 1870, s. 20; Dowell, Stamp Acts, 114.

Bill of exchange.

Absolute.
General.
Qualified.
Conditional.

Partial or varying. Special.

For honour.

ABUT-ABUTTALS.-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.1

ETYMOLOGY.]-French: aboutir, to adjoin; à, "to," and bout, "end."

ACCELERATE.-An estate, interest or other right is said to be accelerated when it comes into possession (or is likely to come into possession) sooner than it otherwise would, by the surrender, merger or destruction of a preceding estate, interest or right. Thus if property belongs to A. for life, remainder to B. for life, remainder to C., and B. surrenders his life interest to C., C.'s estate is accelerated, because it will probably come into possession sooner than it would if B.'s life interest were in existence.

ACCEPTANCE in its widest sense is the act of assenting to an offer; in other words, the expression of a unity of intention with the person making the offer. (See Agreement, § 3.)

II. § 2. 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. (See Presentation, §1.) He thereby engages to pay the bill when due.* § 3. An acceptance may be either absolute, [general,] qualified, or special. An absolute 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. § 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 presentment can only be made at that place."

§ 5. When a bill has been dishonoured by non-acceptance or protested for better security, any person may accept it for the honour 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 dishonoured. Supra protest. Except where there is a “reference in case of need” (7. v.), it seems that a bill can only be accepted for honour after it has been protested, and hence such an acceptance is sometimes called an acceptance supra

1 For the cases on the old rule, that in an action of trespass the abuttals should be set out, see Fisher's Digest, Trespass, 13 (a).

2 Pollock on Contract, 9; Chitty on Contracts, II.

3 Bills of Exchange Act, 1878, passed in consequence of the decision in Hind laugh v. Blakey, 3 C. P. D. 136.

Byles on Bills, 184.

5 Byles, 193.

6 Byles, 194; stat. 1 & 2 Geo. 4, c. 78.

protest. The acceptor for honour, if he pays the bill, has a right of action against the party for whose honour he accepts, and against all whom that party might have sued.

ACCESS. § 1. 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. As to access of light, see Ancient Lights; Easement. § 2. The term "access is also used in questions of legitimacy to denote cohabitation or opportunity of sexual intercourse between husband and wife. (See Bastard.)

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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 incorporated 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.5

§ 2. Blackstone includes under accession what is more correctly called Specificatio. 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; he also includes under accession the acquisition of young animals born in confinement; this is more correctly called accretion (q. v.).

ACCESSORIUM SEQUITUR PRINCIPALE.-An accessory thing 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. (See Accession; Accretion.)

fact.

ACCESSORY.-§ 1. In criminal law, an accessory before the fact Before the is he who, directly or indirectly, counsels, procures or commands any person to commit any felony or piracy, which is committed in consequence of his counselling, procuring or commandment. An accessory before the fact to any felony is in all respects in the same position as if he were a principal felon. In high treason and misdemeanor, there are no accessories, but all persons concerned therein, if guilty at all, are

principals. § 2. An accessory after the fact is a person who, knowing a After the fact. felony to have been committed by another, receives, relieves, comforts or

assists the felon, in order to enable him to escape from punishment, or

1 Byles, 261.

2 Smith's Merc. Law, 239.

3 Bell v. Corporation of Quebec, 5 App. Ca. 84.

Steph. Comm. ii. 285.

5 Just. Inst. ii. 1, §§ 20 et seq.; Hunter's Roman Law, 128; Vangerow, Pandekten, i. 629.

6 Bl. Comm. ii. 404; Kuntze, Cursus, §§ 508-511.

7 Russell on Crimes, i. 164; Stephen's
Dig. Crim. 24.

Stat. 24 & 25 Vict. c. 94, ss. 1, 2;
Greaves, Crim. Acts, 18.

9 Russell, i. 167, 169.

At the fact.

Land.

Works.

Accord and satisfaction.

the like. Every accessory after the fact to any felony is guilty of a substantive felony, and is in general liable to two years' imprisonment. An accessory after the fact to murder is liable to penal servitude for life." § 3. Principals in the second degree are sometimes called accessories at the fact. (See Principal, §4; Incite.)

ACCIDENT.-Formerly, there were many cases of accidental losses which were recognized as giving a claim to relief in equity, but not at law; thus, if a deed or negotiable security were lost, equity would enforce the plaintiff's rights under the document on his giving, if necessary, a proper bond of indemnity to the defendant. A similar jurisdiction was given to the common law courts, so far as relates to negotiable instruments, by stat. 17 & 18 Vict. c. 125, s. 87. So if an annuity was directed by a will to be secured by an investment in public stock, and an investment was accordingly made, sufficient at the time for the purpose, but afterwards the stock was reduced by act of parliament, so that it became insufficient, equity would decree the deficiency to be made up out of the residuary estate. Since the Judicature Acts, of course, relief is given in such cases in all the divisions of the High Court."

ACCOMMODATION.-As to accommodation bills, see Bill of

Exchange.

§ 1. Accommodation land is land acquired for the purpose of being added to other land for its improvement; an accommodation road is one constructed to give access to a particular piece of land. § 2. Where a railway company takes land compulsorily, it is bound, under the 68th section of the Railways Clauses Act, 1845, to construct all gates, bridges, roads, fences, &c. necessary to make good any interruptions caused by the railway passing through the land; these are called accommodation works. ACCOMPLICE. See Principal, § 4; Accessory.

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ACCORD-ACCORD AND SATISFACTION.-§ 1. An accord is an agreement between two or more persons, one of whom has a right of action against the other (e. g. for breach of a contract), that the latter shall render and the former accept something in satisfaction of the right of action, e. g. payment of money, delivery of goods, performance of works or services, &c. If the accord is carried out by the payment, delivery or performance, and acceptance, the arrangement is called an "accord and satisfaction" (in the old books sometimes an "accord and execution"), and operates as a bar to the right of action. § 2. An accord may also consist of mutual promises to do and accept something in satisfaction of the right of action, but this is more in the nature of a new contract. (See Satisfaction.)

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