ABR

prosecution. Leave given to a criminal
accuser to desist from further prosecution.
Stat. 25 Hen. VIIL c. 21. Cowell. An-
swering to the entry of a nolle prosequé in
modern practice. See Abolitio.
ABONDANCE. L. Fr. In old prac-
tice. Surplusage. Yeard. P. 7 Hen. VI.

ABORDAGE. Fr. In French com-
mercial law. Collision of vessels. Hmert-
gon, Traite des Ass, ch. 12, sect. 14.

ABORTION. In criminal law. The
premature exclusion of the human fetus,
after the period of quickening; which,
when procured or produced with a mali-
cious design or for an unlawful purpose, is
a criminal offence. 4 Steph. Com. 128.
1 Russell on Crimes, 671. 1 Chitt. Gen.

Pr, 35. 2 N.Y. Rev. Stat. [661,] 550,
§9. Id. [694,] 578, § 21. Statutes of
Ohio, chap. 35, p. 252. Whart. Am.

Crim. Law, b. 4, ch. 6, § 1214, et seg.

“ABOUT.” Near; nearly; in the
neighborhood of. An expression con-
stantly used, where a time or sum cannot
be precisely stated, importing the possi-
bility of a small variation from it. Where
the words, “about three hundred quarters,
more or less,” were used in an agreement,
it was held that the parties could not be
taken to have contemplated so large an
excess as fifty over three hundred quarters.
2 B. & Ad. 106.

Around. “ About the breast,” in an in-
dictment, might mean only near the breast ;
but “about the neck” means around it.
Parke, J. 5 Carr. d P. 121.

ABOUTIR. L. Fr. To abut. See Abut:

ABOUTISSEMENT. L. Fr. An abut-
ment, or abuttal. See Abutial.

ABOVE. [Lat. super, supra.] In prac-
tice. Higher; superior. The court to
which a cause is removed by appeal or
writ of error, is called the court above.

Principal; as distinguished from what
is auxiliary or instrumental. Bail to the
action, or special bail, is otherwise termed
bail above. 3 Bl. Com. 291. See Below.

ABPATRUUS. Lat. In the civil law.
A great great grandfather’s brother, (abavi
frater.) Inst, 3.6.4. Dig. 38.10.38. Called
patruus maximus. Id. 38. 10. 10. 17.
Called by Bracton and Fleta, abpatruus
magnus. Bract. fol. 68 b. Feta, lib. 6,
ce. 2, § 17.

ABRADERE. Lat. [from ab, from,
and radere, to scrape.| In old practice. To
scrape off, (as the writing of an instru-

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ABR

ment,) to erase. Abrasum; erased. Bract.
fol. 413 b. Fleta, lib. 6, c. 50, § 2.
ABRASIO. Lat. [from abradere, to
scrape off.] In old English law. A scrap-
ing off; erasure in a writ. Bract. fol.
413 b. Fleta, lib. 2, c. 18, § 6.
ABRIDGE. [from Fr. abreger; L.
Lat. abbreviare.| In old practice. To make
shorter; not, however, in words only, as
in the popular sense, retaining the sub-
stance, but by subtracting, severing, or
leaving out some of the substance itself.
Applied to plaints or declarations in the
old real actions. Bro. Abr. Abridg-

ment. Cowell. Story, J. 3 Peters’ FR.
99, 183.

ABROACHMENT. See <Abdrochment.

ABROCAMENTUM. See _ Abbroca-
mentum,

ABROCEUR. L. Fr. A broker. Xel-

ham. See Broker.

ABROGARE. Lat. [from ab, from,
off, or away, and rogare, to propose or
pass.] Inthe civil law. To take away, an-
nul, or repeal; to abrogate. Rogare legem,
among the Romans, signified to propose a
law for adoption, (literally, to ask for a
law,) and also to adopt a law proposed; to
pass or make it. See Kogare. Abrogare
legem, or legi, signified the reverse of this,
viz., to annul a law; to undo what had
been done in passing it; to repeal it.
Abrogatur legi cum prorsus tollitur; a
law is abrogated when it is entirely taken
away. Dig. 50. 16. 102. Leges posteriores
priores contrarias abrogant. Later laws ab-
rogate former ones that are contrary to
them. Cro. Jac. 121. 11 Co. 62 b.
‘Where two laws are contrary to, or in con-
flict with each other, that which. was last
made is always understood as abrogating
the other.

From abrogare has been formed the
English abrogate, but no corresponding
word has been framed from the simple
rogare. In the Roman law, various other
words compounded of rogare were in use;
as derogare, subrogare, obrogare, exrogare,
(qq. v.) Zayl. Civ. Law, 155.

ABROGATE, [Lat. abrogare, q. v.] To
undo what has been done in passing a
law; to annul a law by an act of the same
power which made it; to annul by an au-
thoritative act; to repeal. See <Abrogare.
Applied also to the abolition of established
customs, by a different and long-continued
usage.

ABROGATION. [Lat. abrogatio, from