Obrázky stránek
PDF
ePub
[blocks in formation]

FULL EXPLANATIONS OF THE TECHNICAL TERMS AND PHRASES
THEREOF, BOTH ANCIENT AND MODERN.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

STEVENS AND SONS, LIMITED,
119 & 120, CHANCERY LANE,

Jaw Publishers and Booksellers.

1892.

PREFACE TO THE NINTH EDITION.

HE last edition of this work was issued in March 1889. Since

THE

that time, besides many other important statutes, the Arbitration Act and the Interpretation Act have been passed in 1889, the Lunacy and Partnership Acts in 1890, and the Penal Servitude Act, the two Stamp Acts, and the Tithe Act in 1891. The effect of all new statutes of practical utility has been given, and particular attention has been paid to the Interpretation Act.

[ocr errors]

The articles Bar Committee,' 'Inns of Court,' and 'Incorporated Law Society' have also been much enlarged, and new Consolidated Regulations of the Inns of Court, which were issued in May last, are printed in their entirety.

The revision of the article on Husband and Wife has brought much difficulty with it in connection with Jackson's case [1891], 1 Q. B. 471. A dissertation on that case would have been unsuited to the Lexicon, but it was necessary to call attention to its supposed conflict with older authorities. Since the article went to press, however, the Editor's attention has been called by his friend Mr. Geary to the following important passage in the judgment of Dr. Lushington, in Lockwood v. Lockwood, 2 Curteis, at p. 301 :

"I think this proceeding [of a husband forcibly entering and taking possession of the house in which his wife resided, after a separation de facto of above three years] wholly unjustifiable; I know of no right which, under the circumstances, a husband possesses to take the law into his own hands, to supersede the established tribunals, and to attempt to do himself what he thinks justice by force of arms. If such measures are permitted, suits for the restitution of conjugal rights may at once be abolished, and the ipse dixit of the husband substituted for the decree of the Court of Justice, the husband being his own judge and executing his own sentence. One of the most certain consequences of such proceedings might be a breach of the peace."

J. M. LELY.

3, PAPER BUILDINGS, TEMPLE,

February 22nd, 1892.

PREFACE TO THE SEVENTH EDITION.

THE

first edition of this well-known work was brought out in 1848, the second in 1860, the third in 1864, the fourth, by the late Mr. Brandt, in 1867, and the fifth and sixth by Mr. Shiress Will in 1872 and 1876. Mr. Will subjected the work to a thorough revision, and added as many as five hundred and fifty articles.

The present editor has endeavoured, in addition to bringing the various articles up to date of publication, to effect improvements. By expunging matter which appeared to be out of place, such as the medical details which were to be found under the articles 'combustibility,' 'mental alienation,' and 'poisons,' by abstracting statutes, and abridging or omitting Rules of Court which were set out in full, and by cutting down some few articles which ran too much into detail, the bulk of the Lexicon has been reduced by nearly one hundred and fifty pages, notwithstanding the many additions that it has been deemed necessary or desirable to make.

The additions and alterations have not been confined to subjects upon which new legislation has taken place or cases been decided, but have been extended much further :— e.g., the articles on Audit, Intoxicating Liquors, Quiet Enjoyment, Schools, Solicitors, Compensation for Tenants' Improvements, and Stamp Duties, have been newly inserted, amplified, or re-written, the editor's object being to make the book more useful to the practitioner without being any less so to the student.

Articles on the subjects of the Bills of Exchange Act, the Married Women's Property Act, the Settled Land Act, and all the other important statutes of 1882, have been inserted in their proper places.

The editor wishes to acknowledge his obligations to Bouvier's Law Dictionary, to Bell's Law Dictionary, and to Wilson's Indian Glossary, and to many friends and correspondents for various valuable suggestions.

THE TEMPLE,

April 1883.

J. M. LELY.

WHARTON'S LAW LEXICON.

A-ABA

A. This letter is frequently used as an abbreviation or as a mark of reference, for the purpose of identification. It was inscribed upon a ballot, and stood for 'antiquo,' I vote against. It was used by the Romans, who voted against a proposed law or candidate for office. See U. R.

A ballot or waxen tablet, similarly inscribed, was also used in their Courts of Judicature, being the initial letter of 'absolvo,' I acquit (not guilty).

A 1. An expression signifying a first-class vessel excellently built.-Shipping term.

Ab, at the beginning of English-Saxon names of places, is generally a contraction of Abbot or Abbey; whence it is inferred that those places once had an abbey, or belonged to one elsewhere, as Abingdon in Berkshire.Blount's Law Glos.

Abacot, the name of the ancient cap of state worn by the kings of England. It was made in the shape of two crowns.-Chron. Angl. 1463; Spelm.

Abactor [fr. abigo, Lat.], a stealer and driver away of cattle or beasts by herds or in great numbers at once, as distinguished from fur, a person who steals a single beast only. Encyc. Lond.

Abalienate (V.A.), to make over to another.-Civil Law.

Abalienation [fr. abalieno, Lat.], a making over of realty, goods, or chattels, to another, by due course of Law.-Ib.

Aballaba, the ancient name of Appleby in Westmoreland.

Abandonee, one to whom anything is relinquished.

Abandonment [fr. abandonner, Fr.], the relinquishment of an interest or claim.

(2) The relinquishment by an assured person to the assurers of his right to what is saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss.

The loss is in such case called a constructive total loss.

Also the surrender of his property by a debtor for the benefit of his creditors.

The Civil Law permitted a master who was sued for his slave's tort, or the owner of an animal who was sued for an injury done by it, to abandon the slave or animal to the person injured, and thus relieve himself from further liability.

Abandun, or Abandum, anything sequestered, proscribed, or abandoned. Abandon, i.e., in bannum res missa, a thing banned or denounced as forfeited or lost, whence to abandon, desert, or forsake, as lost and gone.Cowel. Pasquier thinks it a coalition of a ban donner, to give up to a proscription, in which sense it signifies the ban of the empire. Ban, in the old dialect, signifies a curse; and to abandon, if considered as compounded of French and Saxon, is exactly equivalent to diris devovere.

Ab antiquo, of an ancient date.

Abarnare [fr. abarian, Ang.-Sax., denudo, detego, Lat.], to lay bare, discover, detect. Hence, abere theof, a detected or convicted thief; abere morth, a detected homicide. Also to detect and discover any secret crime to a magistrate.-Ancient Laws and Institutes of England; Leg. Canuti, c. 104.

Ab assuetis non fit injuria. Jenk. Cent. Rep. ( (From things to which we are accustomed, no legal wrong results.)

Vigilantibus, non

Compare the maxim dormientibus, jura subveniunt.' Abatamentum, Abatement, an entry by interposition.-1 Inst. 277.

Abate [fr. abbattre, Fr.], to prostrate, break down, remove, or destroy; also to let down or cheapen the price in buying or selling.Encyc. Lond. See ABATEMENT.

Abatement, a making less, used in seven

senses:

(1) Abatement of Freehold. This takes place where a person dies seised of an inheritance, and, before the heir or devisee enters, a stranger, having no right, makes a wrongful

« PředchozíPokračovat »