Blacks Law Dict. 1st ed

ABANDONMENT FOR TORTS

AB INVIT0

1 Burr. 420. The phrase "ab intestate" is generally used as the opposite or alternative of ex testamento, (from, by, or under avwill.) Vel ex testamento, vel ab intestato [honed Hates'] pertinent, —inheritances are derived either from a will or from an intestate, (one who dies without a will.) Inst. 2, 9, 6; Dig. 29, 4; Cod. 6, 14, 2. AB INVITO. Lat. By orfrom an un willing party. A transfer ab invito is a com pulsory transfer. AB IRATO. By one who is angry. A devise or gift made by a man adversely to the interest of his heirs, on account of anger or hatred against them, is said to be made ab irato. A suit to set aside such a will is called an action ab irato. Merl. Repert. "Ab irato." ABACTOR. In Roman law. A cattle thief; a driver away of cattle and other ani mals; one who stole cattle in numbers; one who abstracted cattle from the herd, intend ing to steal them. Also called abigeus. Blount; Cowell. ABADENGO. In Spanish law. Land owned by an ecclesiastical corporation, and therefore exempt from taxation. In paitic ular, lands or towns under the dominion and jurisdiction of an abbot. ABALIENATIO. In Roman law. The perfect conveyance or transfer of property fiom one Roman citizen to another. This term gave place to the simple alienatio, which is used in the Digest and Institutes, as well as in the feudal law, and from which the English "alienation" has been formed. Inst. 2, 8, pr.; Id. 2, 1, 40; Dig. 50, 16, 28. ABAMITA. Lat. In the civil law. A great-great-grandfather's sister, (abavi so ror.) Inst. 3, 6, 6; Dig. 38, 10, 3. Called amita maxima. Id. 38, 10, 10, 17. Called, in Bracton, abamita magna. Bract, fol. 686. ABANDON. To desert, surrender, re linquish, give up, or cede. See ABANDON MENT. ABANDONEE. A party to whom a right or property is abandoned or relinquished by another. Applied to the insurers of vessels and cargoes. Lord Ellenborough, C. J., 5 Maulo & S. 82; Abbott, J., Id. 87; Holroyd, J. t Id. 89. ABANDONMENT. The surrender, re linquishment, disclaimer, or cession of prop erty or of rights.

The giving up a thing absolutely, without reference to any particular person or purpose; as throwing a jewel into the highway; leav ing a thing to itself, as a vessel at sea; de sertion, or dereliction. (2 Bl. Comm. 9,10.) Burrill. In marine insurance. A relinquish ment or cession of property by the owner to the insurer of it, in order to claim as for a total loss, when in fact it is so by construc tion only. 2 Steph. Comm. 178. The exer cise of a right which a party having insured goods or vessels has to call upon the insurers, in cases where the property insured has, by perils of the sea, become so much damaged as to be of little value, to accept of what is or may be saved, and to pay the full amount of the insurance, as if a total loss had actu ally happened. Park, Ins. 143; 2 Marsh. Ins. 559; 3 Kent, Comm. 318-335, and notes. Abandonment is the act by which, after a constructive total loss, a person insured by contract of marine insurance declares to the insurer that he relinquishes to him his inter est in the thing insured. Civil Code Cal. § 2716. The term is used only in reference to risks in navigation; but the principle is applicable in tire insurance, where there are remnants, and sometimes, also, under stipulations in life policies in favor of creditors. In maritime law. The surrender of a vessel and freight by the owner of the same to a person having a claim thereon arising out of a contract made with the master. See Poth. Chart. § 2, art. 3, § 51. By husband or wife. The act of a hus band or wife who leaves his or her consort willfully, and with an intention of causing perpetual separation. "Abandonment, in the sense in which it is used in the statute under which this proceed ing was commenced, may be denned to be the act of willfully leaving the wife, with the intention of causing a palpable separation be tween the parties, and implies an actual de sertion of the wife by the husband." 60 Ind. 279. In French law. The act by which a debtor surrenders his property for the benefit of his creditors. Merl. Report. "Abandon ment." ABANDONMENT FOB TOBTS. In the civil law. The act of a person who was sued in a noxal action, i. e., for a tort or tres pass committed by his slave or his animal, in relinquishing and abandoning the slave or

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