The plaintiff may demur to this plea without going to trial, and then should the court in banco decide against the plea, the judgment will be respondeat ouster (let the defendant answer over) without regard to any defect in the declaration, for which purpose he has four days after judgment on the demurrer signed, or as the

court shall otherwise direct.

If a plaintiff find that he cannot successfully resist the plea, he should abandon the action and enter a cassetur breve as a matter of course; he will not then be liable to pay any costs.

The judges discourage these pleas, for they favor cunning and frivolity, avoid the substantial merits of an action, create vexation and accumulate costs. See Chitty or Stephen on Pleading, and 2 Chit. Arch. Prac. by Pren. 865-874. See MISNOMER, NONJOINDER, PLEA and PLEADING. In Equity, declinatory pleas to the jurisdiction, and dilatory to the person, are in the nature of pleas in abatement, for they question the propriety of the particular remedy or suit, whilst they tacitly admit the existence of a cause of suit. No practical consequence, however, results from their being so deemed; it is only an attempt to render pleas in Equity analogous to those at law, that the assimilation has been indulged in by the text-writers.-1 Dan. Prac. by Head, 512. In Criminal proceedings, a plea in abatement may be given in writing by a prisoner or defendant on account of misnomer, wrongful or no addition, annexing thereto an affidavit of its truth. But this plea is now obsolete, since by 7 Geo. IV. c. 64, s. 19, the judge may amend the indictment or information, and call upon the prisoner or defendant to plead in bar to the merits. See 14 & 15 Vict. c. 100 s. 1.

(4.) Abatement of Debts and Legacies.-In Equity, when equitable assets are deficient to satisfy fully all the creditors, their debts must abate in proportion, and they must be content with a dividend for æquitas est quasi æqualitas. So in the case of legacies upon a deficiency of assets after payment of the debts, they abate proportionably, unless a priority is specially given to any particular legacy. A testator is always presumed to intend that the legacies shall be equally paid unless he express in his will a contrary intention. But a widow's legacy in lieu of dower has the priority, and very properly so, since she gives up a legal right for it. When there are specific and pecuniary legacies, and the assets are not sufficient to pay both, the specific have the preference, and only abate proportionably amongst themselves, unless one of them is payable out of a particular fund, and others out of other funds, for then each must bear the loss arising from any deficiency of the particular fund.

the legal representative, and proceed with the action, and if the suggestion be made before trial, its truth shall be tried thereat, together with the deceased's title, and the person making the suggestion is to be treated as if he were origi nally the plaintiff; that in case of the death of a sole or surviving defendant, the action surviving, the plaintiff may make a suggestion in any of the pleadings before issue, or in a copy of the issue, after joining issue, of the death, and that a person named therein is the executor or administrator of the deceased, who may then be served with a copy of the writ and suggestion, and with a notice requiring him to appear within eight days afterwards, or in default the plaintiff may sign judgment and proceed in the ordinary way, and where no pleadings have taken place before the death, the declaration with the suggestion forming part thereof may be served together, the new defendant pleading thereto at the same time, and if the plaintiff have declared, but the deceased did not plead before his death, the new defendant must plead at the same time to the declaration and suggestion, and if the deceased did plead before death, the new defendant can only plead to the suggestion by way of denial, or as may be necessary by reason of his representative character, unless by leave he is permitted to plead fresh matter to the declaration, and if the deceased did plead before death, but the pleadings have not arrived at issue, the new defendant, besides pleading to the suggestion, must continue the pleadings in the same manner as the deceased might have done, and the pleadings upon the declaration and suggestion shall be tried together, and if the plaintiff recover, he shall be entitled to the like judgment, as in an action originally commenced against an executor or administrator; that the death of either party between verdict and judgment shall no longer be alleged for error, provided the judgment be entered within two terms after the verdict; that if a plaintiff die after interlocutory and before final judgment, the action abates not, if his executors or administrators might have maintained it, and so if a defendant thus die, if such action might have been maintained against his executors or administrators, but the plaintiff or his executor or administrator may issue a writ of revivor against the defendant or his executor or administrator to show cause why damages should not be assessed and recovered by him or them, and if no sufficient matter be shown at the return of the writ, in arrest of final judgment, or there be a default, a writ of inquiry of damages is awarded, or the amount is referred to a master to be ascertained, whereupon final judgment is given.-ss. 135-140.

The act also provides that the marriage of a (5.) Abatement of Litigation. The Common woman-plaintiff or defendant shall not abate an Law Procedure Act (1852) provides, that the action, which may notwithstanding proceed to death of a plaintiff or defendant shall not abate judgment, and this may be executed against the an action; that the death of one or more of wife alone, or by suggestion or writ of revivor, several plaintiffs or defendants, if the cause of judgment may be obtained against husband and action survive to or against the survivors, shall wife, and execution issue thereon; and on a not abate the action, but the death being sug- judgment for a wife, execution may issue thereon gested upon the record, the action may proceed; that in case of the death of a sole or surviving plaintiff, his legal representative may, with leave, enter a suggestion of the death and of his being

by the husband's authority, without a writ of revivor or suggestion, and if a wife have sued, or defended, by attorney appointed when she was sole, he may continue to act, unless the husband

quoad his interest; and his personal representative may move that the plaintiff revive the suit against him, or the bill stand dismissed as against such deceased defendant.

While a suit by a corporation aggregate in their corporate capacity does not abate by the death of some of the members, though they are mentioned by their names; the death of a corporation sole operates an abatement.

When a relator claims an interest, and the suit is instituted by bill and information, in which he appears as a plaintiff as well as a relator, his death abates the proceedings; but not so where the suit is by information alone. Upon the death of a mere sole relator, or of all the corelators, the Attorney-General applies for leave to name a new relator.

If during a suit instituted by a husband and wife, touching her personalty, the husband die, it does not abate the suit, but she may either continue it or stay without being liable to costs; if. however, the wife die, the suit abates and the widower must administer, and then revive the suit if he desire to continue it. And should he die before the suit is wound up, the next of kin of the wife would be entitled, upon administering. to proceed with the suit as trustees for the husband's representatives.

A suit instituted against a husband and wife is not abated by the husband's death; but if the wife thereby acquire a new interest she may put in another defence, if there have been already one, touching such new interest. Where the wife-defendant dies the suit abates.

fendant may obtain, after notice to the assignees and upon special motion, an order that the bill be dismissed without costs within a limited time, if the assignees do not in the meantime revive it. If one of several co-plaintiffs become a bankrupt, the defendant may obtain an order, without giving notice to the assignees, that the solvent plaintiffs revive within a given time or submit to the dismission of the bill.

The bankruptcy or insolvency of a defendant does not abate a suit; but the plaintiff has his election either to continue the suit, making the assignees parties, or stay and go in under the bankruptcy; and such defendant may move, at the proper time, to dismiss the bill for want of prosecution, but without costs. See REVIVOR, ORDER OF.

Bankruptcy proceedings abate altogether only where the bankrupt dies before adjudication.12 & 13 Vict. c. 106, s. 116.

Action at law or suits in equity commenced by assignees do not abate by their death or removal; but, upon a suggestion of the fact made, the proceedings go on in the substituted name of the surviving or new assignee.-Ib. s. 157. This provision includes official assignees. The Insolvent Act, 1 & 2 Vict. c. 110, s. 53, provides the like in cases of insolvency. These enactments do not apply when the assignees are defendants.

(6.) Abatement or rebate in commerce, an allowance or discount made for prompt payment.

Lex Merc. It is sometimes used to express the deduction that is occasionally made at the custom-house from the duties chargeable upon such goods as are damaged, and for a loss in warehouses, regulated by 3 and 4 Wm. IV. c. 52, s. 32.

(7.) A badge in coat-armor, indicating dishonor of some kind. It is also called rebatement. ABATOR or ABATER, one who prostrates a nuisance or enters into a house or land vacant by the death of the former possessor, and not yet taken possession of by his heir or devisee.Cowel. Also an agent or cause by which an abatement is procured.

It is not, however, the death of any party to a suit that produces its abatement; for if the deceased's interest then determines and becomes non-transmissible, as in the case of a life-tenancy and temporary contingent or defeasible interests, the suit may still be proceeded with against the survivors. But if the deceased was a sole party the suit is at an end, the subject of litigation having determined. And if the whole interest of a deceased party survive to another party, as in the case of joint tenancy, or trustees or executors, the deceased not having acted or possessed any of the trust-property, no abatement occurs, since no claim can be sustained by or against the representatives. Also where a surviving party can continue the suit, as in the case of several creditors, &c., no abatement arises, for the deceased's representatives may come in un-in der the decree; but if an original plaintiff in such a suit die after decree, his personal representatives may, if they like, revive the suit.Burney v. Morgan, 1 S. and S. 358.

The marriage of a feme sole plaintiff abates a suit; and it would appear that the defendant may move that the husband revive within a short time or that the bill be dismissed with costs.

The marriage of a feme defendant does not abate a suit, but her husband should be named in all the subsequent proceedings.

An infant-plaintiff attaining his majority does not abate a suit, but he may elect whether he will carry on the suit or not.

While the bankruptcy or insolvency of a sole plaintiff does not strictly abate a suit, yet it renders it as defective as if it did, since the bankrupt-plaintiff cannot prosecute it. The de

ABATTOIR, a general slaughter-house, subject to public regulation.

ABATUDA, or ABATUDE, anything diminished. Moneta abatuda is money clipped or diminished in value.-Du Fresne's Glos. Used old records.

ABAVIA, a great grandmother.

ABAVUS, a grandfather's grandfather. ABAWED (fr. Echalier, Fr.; attonitum reddere, Lat.), terrified.-Blount.

ABBACY (fr. Abbatia, or Abbathia, Lat.), the government of a religious house and the revenues thereof, subject to an abbot, as a bishopric is to a bishop.-Cowel. The rights and privileges of an abbot.

ABBANDUNUM, ABBENDOMA, ABBENDONIA, Abingdon in Berkshire, which took its present name soon after Cissa, King of the West Saxons, had founded the abbey there. It was also called Sewsham and Cloveshoe.

ABBAS (fr. astuarium, Lat.), Humber in Yorkshire.

ABBATIS, an avener or steward of the stables, an ostler.-Spelm.

ABBUTTALS, or ABUTTALS (fr. abutter or aboutir, Fr., to limit or bound). The buttings and boundings of lands, east, west, north, and south, with respect to the places by which they are limited and bounded. The sides of the land are properly said to be adjoining, and the ends abutting to the thing contiguous.-Termes de la Ley. The 2 & 3 Wm. IV. c. 64, settled the divisions of counties and the limits of cities and boroughs within England and Wales. The inclosure acts empower commissioners to settle boundaries of parishes and manors, hamlets and districts between lands to be inclosed, and adjoining lands.

ABBEY, or ABBY (fr. abbatia, Lat.), a place | stalling of a market or fair.-MS. Antiq. Foreor house for religious retirement, governed by an stalling is abolished by 7 & 8 Vict. c. 24, by abbess where nuns are, and by an abbot where which act are repealed many statutes in remonks reside. Formerly in England, and now straint of trade. This act extends to Scotland on the continent, great privileges were and are and Ireland. granted to them, such as being exempted from the bishop's visitation, and as a sanctuary for persons escaping from the penalties of an infringed law, even although they be murderers. No less than 190 abbeys were dissolved by Henry VIII., whose revenue amounted to 2,853,000l. per annum (an almost incredible sum considering the value of money in those days), a great part of which went to Rome, the governors and governesses of several of the richest among them being foreigners resident in Italy. It was because certain abbots and priors in England, in right of the monasteries, held lands of the crown, for which they owed military service, that they obtained the title of Lords, and were summoned as Barons to Parliament, from which custom the Bishops of the Present day have the same honor, and are denominated Spiritual Peers.-1 Hall. Const. Hist. c. ii. p. 74, Monasticon Anglicanum.

ABBOT, or ABBAT (fr. abbas, Lat.; abbé, Fr.; abbud, Sax.; others derive it from Abba, Syr., father). A spiritual lord or governor, who had the rule of a religious house. An abbot, with the monks of the same house, were called the convent, and made a corporation.-Termes de la Ley. Henry VIII., as is well known, dissolved the monasteries. See Du Cange, and Carpentier's Supp.

ABBOT OF MISRULE, the master of the revels who directed the diversions, called in Scotland the abbot of unreason.

ABBREVIATE OF ADJUDICATION, an abstract of adjudication.-Scotch Law.

Adjudication is that diligence of the law by which the heritage of a debtor is adjudged to belong to his creditor in payment of a debt; and the abbreviate of the adjudication is an abridgment of the record, containing the names of the creditor, debtor and lands, with the amount of the debt; it is signed by the judge who pronounced the decree in the process of adjudication, and must be recorded in the register of abbreviates.-Ib.

ABDICANT, giving up, renouncing. ABDICATE (fr. abdico, Lat.), to renounce or refuse anything. Termes de la Ley; to disinherit in the civil law.

ABDICATION, where a magistrate or person in office voluntarily renounces or gives it up before the time of service has expired. It differs from resignation, in that abdication is done purely and simply, whereas resignation is in favor of some other person. It is said to be a renunciation, quitting, and relinquishing, so as to have nothing further to do with a thing, or the doing of such actions as are inconsistent with the holding of it.-Chamb. Dict. On King James II.'s leaving this kingdom, and abdicating the crown, the Lords would have had the word desertion" made use of, but the Commons thought it was not comprehensive enough, for that the king might then have liberty of returning. The Scots called it a forefalture (forfeiture) of the crown, from the verb forisfacio. This was fully canvassed in the then Parliamentary Debates. Involuntary resignations are also termed abdications, as Napoleon's abdication at Fontainebleau.

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ABDITORIUM (fr. abditus, Lat.), an abditory or hiding-place to conceal and preserve goods, plate, or money, or a chest in which reliques are kept, as mentioned in the inventory of the church of York.-Dugdale's Monasticon Anglicanum, p. 173.

ABDUCTION, the forcible and fraudulent taking away of women or girls. This criminal offence is of three kinds, viz. (1.) Kidnapping; (2.) Carrying away infant-females under sixteen; and (3.) Stealing heiresses.-See these treated of under their respective heads.

ABBREVIATION, an abridging or contraction. The 4 Geo. II. c. 26, provided that all law proceedings should be in the English language, written legibly, and in words at length, and not abbreviated; but the 6 Geo. II. c. 14, permitted numbers to be expressed in figures, and such abbreviations as are commonly used. In 9 Co. 48, is this maxim, Abbreviationum, ille numerus et In logic, a particular form of argument, by the sensus accipiendus est, ut concessio non sit Greeks called anaywy, wherein the greater exinanis. (In abbreviations, that measure and treme is evidently contained in the medium, but sense is to be taken, so that the grant be not the medium not so evidently in the less extreme void.) as not to require some further medium or proof ABBREVIATORS, officers who assist in to make it appear.-Encyc. Lond. drawing up the Pope's briefs, and reducing petitions into proper form, so as to be converted | recognizance to be of good abearance means to into Papal Bulls. be of good behavior.-4 Bl. Com. 251, 256. ABECHED (fr. abecher, Fr.), to be satisfied. -Cowel.

ABBREVIATURE, a short draft. ABBROCH, to monopolize goods or forestall a market.

ABBROCHMENT, or ABROACHMENT (fr. ab, Lat., and broche, Fr., a spit). The fore

ABEARANCE, carriage or behavior. A

ABEREMURDER (fr. abere, apparent, notorious, and mord, murder, Sax.). Plain or downright murder as distinguished from the less

ABIDING-BY, where a deed or document is challenged as forged, the party founding on the deed or document must appear in court and abide by it. This is done by his signing a declaration that he abides by the deed or document quarrelled or challenged, sub periculo falsi, which has the effect of pledging him to stand to the consequences of founding on a forged instrument. The abiding-by is usually qualified thus: in the case of a bill of exchange, the holder states that it came fairly into his hands in the course of business, and he will abide by it under that protestation and qualification, and as in no shape accessory to the alleged forgery.-Scotch

ABIGEAT, the crime of stealing cattle by droves or herds. It was severely punished, the delinquent being often condemned to the mines, banishment, or death. Also a miscarriage procured by art.---Ash.

ABIGEUS (fr. abigo, Lat.), a stealer of cattle, the same as abactor.-Cowel, Civil Law.

AB INITIO (Lat.) (from the beginning).