ABS

abrogare, q. v.| The act of abrogating ;
the annulling or repeal of a law by au-
thority of -the legislative power. See
Abrogate, Express abrogation, Implied ab-
rogation.

ABSCOND. [from Lat. abscondere, to
hide away.] To hide or conceal one’s
self; to keep close; to go away privately.
Applied to a debtor who clandestinely
withdraws from the place of his residence
or business, or who secretes himself to
avoid legal process. 2 Kent's Com. 401.
N. Y. Rev. Stat. Part II. ch. v. tit. 1.
A debtor may abscond, without actually
leaving the state. 7 Maryland R. 209.

ABSENCE. In Scotch law. Want,
or default of appearance. A decree is
said to be in absence where the defender
[defendant] does not appear. Wharton's
Ler, Ersk. Inst. b. 4, tit. 8, § 6. See
Decreet.

ABSENS. Lat. In the civil law. Ab-
sent. Absentem accipere debemus eum qui
non est éo loci in quo petitur ; we ought to
consider him absent who is not in the
place where he is demanded. Dig. 50.
16.199. See Abesse.

ABSENTE. Lat. [abl. of absens.] Be-
ing absent. A common term in the old
reports. “The three justices, absente
North, C. J. were clear of opinion.” 2
Mod. 14.

ABSENTEE. [Fr. absent ; Lat. absens.]
One who is away from his- domicil, or
usual place of residence. Bouvier, One
who has resided in the state, and has de-
parted without leaving any one to repre-
sent him. Civil Code of Louisiana, Art.
3522, n. 3.

One who never was domiciliated in the
state, and resides abroad. Jd. ahd. 7

ABSENTIA. Lat. Absence. Absentia
ejus qui reipublice causd abest, neque et
neque alit damnosa esse debet ; the absence
of him who is away in behalf of the re-
public, [on business of the state,] ought
neither to be prejudicial to him nor to an-
other. Dig. 50. 17. 140.

ABSIS, Absida. Lat. [Gr. ayis.] In
ecclesiastical law. An arch or vault;
(fornix, arcus,) any thing made in the
shape of an arch, (quod in curvamen
arcuatum constituitur.) Spelman.

A bishop’s seat or bench, (pro epis-
coporum subselliis.) Id.

The choir ofachurch, or presbyterium. Id.

A receptacle or coffer, in which images
were kept, upon the altar. Jd.



(14)

ABS

A church-porch. Jd.

ABSOILE. Absoller, Absouldre, Ab-
sodre. L. Fr. [from Lat. absolvere.| To
absolve, acquit, forgive, pardon. Kelham.
Hence the old English assoit.

ABSOLUTA. Lat. Absolute, com-
plete, without exception, or condition.
Absoluta sententia expositore non indiget.
An absolute sentence or proposition, [one
that is plain without any scruple, or abso-
lute without any caving| needs not an ex-

ositor. 2 Inst. 533.

ABSOLUTE. [Lat. absolutus, absoluta,
absolutum ; from absolvere, to discharge,
or perfect.] Complete and perfect in itself,
without relation to, or dependence on
other things or persons; as an absolute
right.

‘Without condition, exception, restriction,
qualification, or limitation; as an absolute
conveyance, an absolute estate.

Final, peremptory; as an absolute rule.
See infra.

ABSOLUTE CONVEYANCE, A con-
veyance by which the right or property in
a thing is transferred, free of any condition,
or qualification, by which it might be de-
feated, or changed; as an ordinary deed of
lands, in contradistinction to a mortgage,
which is a conditional conveyance.* See
Mortgage, Defeasance. A deed, absolute
on the face of it, may, however, be valid and
effectual as a mortgage, as between the par-
ties, if it was intended by them to be mere-
ly a security for a debt. 4 Kent's Com.
142, 143.

ABSOLUTE ESTATE. An estate in
lands not subject to, or defeasible upon

pre eouilieonse See Hstate upon condi-
tion.

ABSOLUTE PROPERTY. Full and
complete ownership of chattels in posses-
sion, as distinguished from that of a special,
qualified, or temporary kind. 2 Bl. Com.
388. 2 Steph. Com. 73. 2 Kent's Com.
347.

ABSOLUTE RIGHTS. _ Those rights
which belong to natural persons, as indivi-
duals, in contradistinction to those which
arise from the civil and domestic relations ;
consisting of the right of personal security,
the right of personal liberty, aud the right
to acquire, enjoy, and dispose of property.
1 Bl. Com.'123, 129, 141. 2 Keni’s
Com. 1.

ABSOLUTE RULE. In practice. A
rule of court commanding something to be
-done absolutely, and at all events, as distin-