Blacks Law Dict. 1st ed

ABSOLUTE PROPERTY.

ABSENCE

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like. (5) Absence cum dolo et culpA, u not ap pearing to a writ, subpoena, citation, etc, or to delay or defeat creditors, or avoiding arrest, either on civil or criminal process. Ayliffe. Where the statute allows the vacation of a judgment rendered against a defendant "in bis absence," the term "absence" means non appearance to the action, and not merely that the party was not present in court. 12 Neb. 423, 11 N. W. Rep. 867. ABSENCE. In Scotch law. Want or default of appearance. A decree is said to be in absence where the defender (defendant) does not appear. Ersk. Inst. bk. 4, tit. 3, § 6. See DECREET. ABSENTE. Lat. (Abl. of absens.) Be ing absent. A common term in the old re ports. " The three justices, absente North, C. J., were clear of opinion." 2 Mod. 14. ABSENTEE. One who dwells abroad; a landlord who resides in a country other than that from which he draws his rents. The discussions on the subject have generally had reference to Ireland. McCul. Pol. Econ.; 33 Brit. Quar. Rev. 455. One who is absent from his usual place of residence or domicile. In Louisiana law and practice. A person who has resided in the state, and has departed without leaving any one to repre sent him. Also, a person who never was domiciliated in the state and resides abroad. Civil Code La. art. 3556; 18 La. Ann. 696; 30 La. Ann. 880. ABSENTEES, or DES ABSENTEES. A parliament so called was held at Dublin, 10th May, 8 Hen. VIII. It is mentioned in letters patent 29 Hen. VIII. Absentem accipere debemus eum qui non est eo loci in quo petitur. We ought to consider him absent who is not in the place where he is demanded. Dig. 50,16, 199. Absentia ejus qui reipublicse causa* abest, neque ei neque alii damnosa esse debet. The absence of him who is away in behalf of the republic (on business of the state) ought neither to be prejudicial to him nor to another. Dig. 50, 17,140. ABSOILE—ASSOILE. To pardon or set free; used with respect to deliverance from excommunication. Cowell; Kelham. Absoluta sententia ezpositore non in diget. An absolute sentence or proposition

(one that is plain without any scruple, or ab solute without any saving) needs not an ex positor. 2 Inst. 533. ABSOLUTE. Unconditional; complete and perfect in itself, without relation to, or dependence on, other things or persons,—as an absolute right; without condition, excep tion, restriction, qualification, or limitation, —as an absolute conveyance, an absolute es tate; final, peremptory,—as an absolute rule 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 defeated or changed; as an ordinary deed of lands, in contradistinction to a mortgage, which is a conditional conveyance. Burrill. ABSOLUTE COVENANT. A covenant which is unconditional or unqualified. ABSOLUTE ESTATE. An estate in lands not subject to be defeated upon any con dition. In this phrase the word "absolute" is not used legally to distinguish a fee from a life estate, but a qualified or conditional fee from a fee-simple. 71 Pa. St. 483. ABSOLUTE INTEREST. That is an absolute interest in property which is so com pletely vested in the individual that he can by no contingency be deprived of it without his own consent. So, too, he is the owner of such absolute interest who must necessarily sustain the loss if the property is destroyed. The terms "interest" and "title" are not sy nonymous. A mortgagor in possession, and a purchaser holding under a deed defectively executed, have, both of them, absolute, as well as insurable, interests in the property, though neither of them has the legal title. "Absolute" is here synonymous with "vest ed, " and is used in contradistinction to con tingent or conditional. 29 Conn. 20. ABSOLUTE LAW. The true and proper law of nature, immutable in the abstract or in principle, in theory, but not in application; for very often the object, the reason, situa tion, and other circumstances, may vary its exercise and obligation. 1 Steph. Comm. 21 et seq. ABSOLUTE PBOPERTY. Absolute property is where a man hath solely and ex clusively the right, and also the occupation, of movable chattels; distinguished from a qualified property, as that of a bailee. 2 Bl. Comm. 388; 2 Kent, Comm. 347.

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