ABS

guished from a rule nist, which commands
something to be done, unless cause be
shown against it; (or, as the latter is more
commonly called, a rule to show cause why
a thing should not be done.) 3 Steph.
Com. 680. 1 Tidd’s Prac. 485. See Wisi,
Rule.

ABSOLUTE WARRANDICE. In
Scotch law. A warranty against all incum-
brances whatever. 1 Kames’ Hquity, 290,
293.

ABSOLUTELY. Completely, wholly;
without qualification ; without reference or
relation to, or dependence upon, any other
person, thing, or event. To give property
to a person absolutely, is to create such
person the absolute and uncontrolled own-
er of it. But it has been held that the
word absolutely, in a will, may be so far
qualified by accompanying expressions as
to convey only a limited interest. See 2
Penn. St. R. 120, 133.

ABSOLUTUM ET DIRECTUM DO-
MINIUM. L. Lat. Absolute and direct,
(or right) ownership. 2 Bl. Com.105. Co.
Ltt. 1b. See Directum, Dominium.

ABSONIARE. IL. Lat. In Saxon law.
To detest and avoid. Cowell.

ABSQUE. Lat. Without. Absque gene-
rali senatis et populi conventu et edicto ;
without the general convention and order
of the council and people. Will. of Malms.
lib. 3. 1 Bl. Com. 199. See Sine.

ABSQUE ALIQUO INDE REDDEN-

. DO. L. Lat. Without rendering, or re-
turning any thing therefrom, or therefor.
9 Co, 123. A phrase applied to ancient
grants, where no tenure was reserved or
mentioned. Id. ibid. Bacon’s Arg. Low’s
Case of Tenures. “ As free as the crown.”
Id.

ABSQUE CONSIDERATIONE CU-
RL#&. IL. Lat. In old practice. Without
the consideration of the court; without
judgment. Stat. Maribr. cited in Feta,
lib. 2, c. 47, § 13.

ABSQUE HOC. L. Lat. Without this;
(absque hoc quod, &c.; without this, that,
&c.) In pleading, Technical words" of
denial, made use of in pleading by way of
special traverse; which is hence sometimes
called a traverse with an absqgue hoc. Steph.
Plead. 165—186. 9 Co.13. See Special
traverse, Sine hoc quod, Sans ceo que, With-
out this that.

This seems to have been originally an or-
dinary phrase, its barbarous form arising
from its peculiar mode of application in

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ABS

composition. Thus, in the statute of West-
minster 2: Cum duo vel plures teneant bos-
cum, turbariam, piscariam, vel alia, hujus-
modi in communt, absque hoc quod aliquis
sciat’ suum separale: where two or more
hold a wood, turbary, piscary, or other such
things in common, without this, that any
one knows, (i. e. without any one knowing,
or where none knows,) his several. Stat.
Westm. 2, c. 22. Feta, lib. 1, c. 12, § 21.
Spelman supposes it to be of Gallic origin,
and refers to a constitution of Alan, Duke

of Bretagne, A. D. 1087, in which the

phrase occurs: absque eo quod cognosceret,
without this, that he knows, or without
knowing.

ABSQUE IMPETITIONE VASTI. L.
Lat. [L. Fr. sans (or sawns,) empeschement
de wast (or gast.)| Without impeachment
of waste; without accountability for waste ;
without liability to suit for waste. A clause
anciently often inserted in leases, (as the
equivalent English phrase sometimes is,)
signifying that the tenant or lessee shall
not be liable to suit, (émpetitio,) or chal-
lenged, or called to account, for committing
waste. 2 Bl. Com. 283. 4 Kent’s Com.
78. Co. Litt. 220a, Litt. sect. 352. See
Bacon’s Arg. Case of Impeachment of
Waste; Works, iv. 225. See Impetitio,
Vastum.

ABSQUE TALI CAUSA. L, Lat. In
pleading. Without such cause. See De
Injurid sud propria absque tali causd.

ABSTRACT OF A FINE. In old con-
veyancing. One of the parts of a fine, be-
ing an abstract of the writ of covenant, and
the concord, naming the parties, the par-
cels of land, and the agreement. 2 Bl,
Com. 351. Jd. Appendix, No. IV, sect. 4.
Shep. Touchst. 3. More commonly called
the note of the fine. See Fine, Concord.

ABSTRACT OF TITLE. In convey-
ancing. An abstract or summary of the
most important. parts of the deeds, and
other instruments composing the evidences
of a title to real estate; arranged usually
in chronological order, and intended to
show the origin, course and incidents of
the title, without the necessity of referring
to the deeds themselves. It also contains
a statement of all charges, incumbrances,
liens, and liabilities to which the property
may be subjected, and of which it is, in
any way, material for purchasers to be ap-
prised. Abstracts of title constitute an
important part of the learning of convey-
ancing, and in England have been illus-