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have been beld siace the dissolution freed from payment of tythes, it shall be iotended they were held so before. Wood b. 2, c. 2.
This provision is peculiar to the Stat. 31 Hen. 8. c. 13. and there. fore all tbe lands belonging to the lesser monasteries, which were dissolved by the 27 Hen. 7. c. 28, are now liable to pay tithes. Com. Dig. Dismes, E. (7.)
ABREVIATION, by 4 Geo. 2. c. 26. all law proceedings shall be in the English tongue, and written in a common legible band and ebaracter, and in Rords at length and not abbreviated : but by 6 Geo. 2. c. 14. numbers may be expressed by figures, and such abbreviations allowed as are in common use. • ABDICATION, in general, is where a magistrate or person in office, renounces and gives ap the same before the term of service is expired. This word is frequently coofounded with resignation, but differs from from it, in that abdication is done purely and simply i whereas resignation, is in favour of some third person. Chamb. Diet. 1 W. and M. Sess. 2 2. sect. 7.
ABEREMURDER, plain or downright murder ; as distinguished from the less heinous crimes of manslaughter, and chance medley.
ABET, to stir up or incite, encourage or set on: Abettors of mur der, are such as command, procure, or counsel others to commit a murder ; and, in case they are present when the murder is coulmitted, they shall be taken as principals; but, if absent at the time of the fact, they shall be considered as accessaries only. See Accessary.
ABEYANCE, is that which is in expectation, remembrance, and intendment of law. By a principle of law, in every land there is a fee simple in somebody, or it is in abeyance ; that is, though at present it be in no man, yet it is in expectancy, belonging to him that is Dext to enjoy the land. Thus where no person is seen or known, in whom the inheritance can vest, it may be in abeyance, as in a limitation to several persons, and the survivor, and the heirs of such survivor, because it is uncertain who will be the survivor; yet the freebold cannot, because there must be a tepant to the præcipe always. I Vezey. 174. So, if a man be patron of a church, and present a clerk to the same, the fee of the lands and tenements pertaining to the rectory is in the parson: but if the parson die and the church become void, the fee is then in abeyance, until there be a new parson presented, admitted, and inducted. For the frank tenement of the glebe of a parsonage, during the time the parsonage is void, is in no man; but in abeyance or expectation, belonging to him, who is next to enjoy ily Termes de Lev. 6. as to Abeyance of Titles of Honour, see Honour. .
ABISHERING, or ABISHERSING, is by old authors termed a freedom or liberty, because whoever hath this word joserted in a
charter or grant, hath not only the forfeiture and amerciments of all otbers within his fee, for transgressions, but also is himself free, from 1he controul of any, within their fee. Cowel.
ABJURATION, in the old law, signified a sworn bänishinent, or ap oath taken to forsake the realm for ever.
Antiently, if a person had committed a felony, and fled to a church, or church-yard, before he were apprehended, he could not be taken from thence to be tried for bis crime; but, on confession thereof before the coroner, he was admitted to bis oath to abjure the realm, which privilege he was to have forty days, during wbich time any persons might give him meat and drink for his sustenance, but not after, on pain of being guilty of felony. But, by 21 Jac. c. 28. all privilege of sanctuary, and abjuration thereupon, is utterly abolished.
A bjuration signifies also an oath, whereby every person in office, trust, or employment, abjures the pretender, and recognizes the right of his majesty under the act of settlement, engaging to support him, and promising to disclose all treasons, and traiterous conspiracies against him.
ABOLITION, is the leave given by the king or judges to a crimi. nal accuser to desist from farther prosecution,
ABORTION, if caused by giving a potion to, or striking a woman big with child, was antiently punished as murder ; but the modern law regarded it only as a great misprision, and not murder, unless the child be born alive, and die thereof. Leach's Haw. k. 311 But now by the Stat. 48 Geo. 3. c. 58. if any person shall wilfölly and maliciously administer to, or cause to be administered to, or taken hy, any woman then quick with child, any noxious or destructive substance, with intent thereby to procure the miscarriage of her chita, such person, and all who counsel, aid, and abet, shall be guilty of felony without benefit of clergy. And where any medicines shall be so administered, or any instrument or other means shall be used, to cause an abortion, and the woman shall not be, or shall not be proved to be, at the time quick with child, then such offenders shall be guilty of felony, and shall be liable to be fined, imprisoned, set in the pillory, or whipped, or to one or more of these punishments, or to be transported for any time not exceeding fourteen years, at the discretion of the court. • ABRIDGE, in the common law, signifies the making a declaration, or count, shorter, by taking away or severing some of the substance from it. A mar is said to abridge his plaint in assize ; and a woman her demand in an action of dower, where any land is put inte the plaint or demand, wbich is not in the tenure of the tenant or defendunt; for, if the defendant plead pon-tegure, joint tenancy, &c.
in abatement of the writ, the plaintiff may leave out those lands, and pray that the tenant may answer the rest. The reason of this abridge. ment of the plaiot is, because the certainty is not set down in such writs, but they run in general; and, though the demandant hat de abridged his plaint in part, yet the writ will be good for the re. mainder. Cowel.
ABROGATE, to abrogate a law, is to lay aside, or repeal it.
ABSQUE HOC, when law proceedings were in Latin, were words of exception made use of io a traverse ; as wbere the defendant pleads that such a thing was done at such a place, without this, that it was done at such other place. • ABUTTALS, the buttings and boundings of land, either to the east, west, Dorth, or sogth; shewing on what otber lands, rivers, highways, or other places it does abut..
The boundaries and abuttals of corporations, church-lands, and parishes, are usually preserved by annual procession.
ACCEDAS AD CURIAM, a writ that lies for him who has received false jadgment, or fears partiality in a court baron, or hundred court. It is directed to the sherif, and issued out of chancery ; but returnable into B. R. or C. B. and is in the nature of a writ de falso judicio, which lies for him that had received false judgment in the county coart.
ACGEDAS AD VICECOMITEM, a writ directed to the coroner, commanding him to deliver a writ to the sheriff, who having a pone delivered to him soppresses it. Cowel. Reg. Orig. 83
ACCEPTANCE is the taking and accepting of any thing in good part, and, as it were a tacit agreement to a preceding act which might have been defeated and avoided, were it not for such acceptance bad. If baroo and feme, seized of lands in right of feme, join and make a lease of feoffmnent, reserving rent, and the baron die, after whose death the feme receive, or accept the rent ; by this the lease or feofiment is coufirmed, and it shall bar her. Co. Lill. 211.
So if tenant in dower lease for years, and die, and the heir accept the rent; but, if a parson make a lease for years not warranted by the statute, acceptance of rent by a new parson, will not make it good. I Sound, 211.
And if a lenant for life, make a lease for years, there no acceptance will make the lease good, because it is void by his death. Dyer 239.
But if a tenant in tail make a lease for years, rendering rent, and die, and the issue accept the rent, it shall bind hiin. Should suche tepant in tail make a lease for years to cominence after his death, rendering rent; in such case, acceptance of rent by the issue, will not
make the lease good to bar him, hecanse tlie leuse did not take effect in the life of his ancestors. Plowd. 418.
If a lease be made on condition that the lessee do not waste, and he commit waste, and afterwards the lesser accept the rent, he camot enter for the condition broken. 1 Inst. 211.
Though a lease may be made voidable by the default of the lessee, in not paying his rent according to the covenants therein contained, it can only be rendered void by the act of the lessor, that is by his entry: but if the lessor, after such non-payment at the day, and before reentry accept the rent, that which was before voidable, becomes by sucli acceptance, a good lease ; and a landlord accepting the last quarter's rent, when there are arrears on a former quarter, preeludes himself from demanding the arrears. Corp. 803.
ACCEPTANCE, in commercial law, is that act by which the party upon whorn a bill of exchange is drawn, makes himself liable to the amount therein contained. An aceeptance may be absolute to the bill at all events, or it may be partial, as to pay a certain part of its or, conditional, that is to say, upon the performance of a certain condition : in this case, when such condition is performed, the ac. ceptance becomes absolute.
What shall be considered as an absolute or conditional acceptance, is a question of law to be determined by the court, and is not to be left to a jury. 1 Term. Rep. 182.
An acceptance may also be collateral, as an acceptance upon protest. Anacceptance may be given either verbally or in writing, the latter, however, is the most usual and regular. But, any thing iending to shew that the party means to be bound by his undertaking, such as the signature of bis initials; the day of the month , keeping the hill a longer time than usual ; or any verbal promise, or agreement, will be tantamount to an acceptance. See Bills of Exchange.
An absolute acceptance, is an engagement to pay the bill according to its tenor, it is usually given by writing upon the bill accepted, with the name or initials of the drawee. The holder of a bill has a right to insist on a written acceptance, which is essentially necessary to give the instrument the full benefit of circulation. In accepting a bill payable after sight it is customary also to write the day on which the acceptance is made. If the drawee keep the bill longer time than is usual, or do any other act, which upon a fair construction gives credit to the instrument, and therehy induces the holder not to protest it as dishonoured, this will amount to an absolute acceptance, as will also an agreement to pay it at a future day.
A conditional acceptance, is an agreement to pay according to the teror of the acceptance, as where the party renders himself liable
for payment on a contingeney only. Any act which evinces an intention not to be bound, unless on a certaio event, will be sufficient e give the acceptance the operation of a conditional one. Conditisaad acceptances become absolate as soon as the contingency hap pers, or the condition is performed.
When a conditional acceptance is made in writing, the party gir. ing it, should also express the condition, otherwise be will not be able to avail bimself of such condition, against any other party. Dough. 296.- Acceptance by the custom of merchants as effectually binds the acceptor, as if he had been the original drawer; and, having once accepted it, be cannot afterwards revoke it. Cro. Jac. 308. Heardr. 481.
A partial acceptance, is an agreement to pay according to the tepor of the acceptance, and may vary with respect to the sum, time, or place, it may also vary from the tenor, in the manner in which the acceptor undertakes to pay the bill. Either of these accept abre, although the holder may refuse each, will be binding on the acceptor; and the holder of the bill, in either of these cases, if he mean ou default of payment to have recourse to the other parties, should give notice to all of them, of such acceptance.
Acceptance upon honour, or supra protest, is a collateral acceptance, and may be made where the drawee refuses to accept, and some third person, after protest for non-acceptance, accepts for the ho. soor of the drawer, or any particular indorser; in which latter case, be should immediately send the protest to the indorser. Not only a stranger, but the drawee, may accept a bill for bonour of the drawer, or any of the indorsees.
It has been held, that the bill should be left with the drawee twenty-four hours, that he may look into his account, and determine whether he will accept or not; but a bill or note, need not be left on a presentment for payment. By the 7 Geo. 2. c. 22. Forging the acceptance of any bill of excbange, or the number or principal sum of any accountable receipt, is made felony without benefit of clergy.
ACCESSARY, one guilty of a felonious offence, not principally, bat by participation; as by command, advice, or concealment. Cowel.
In the highest capital offence, namely high treason, there are no accessaries before or after; for the consenters, aiders, abettors, and knowing receivers and comforters of traitors, are all principals. Hale's Hist. 613.
lo cases that are criminal, but not capital, as in petit-larceny, and trespass, there are no accessaries; for all the accessaries before, are in the same degree as principals; and accessaries after, by receive ing the offenders, cannot as sucb, by law, be under any penalties,