Blacks Law Dict. 1st ed

ABSOLUTE RIGHTS

ABSTRACT OF TITLE

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ABSOLUTE RIGHTS. Absolute rights are such as appertain and belong to particular persons merely as individuals or single per sons, as distinguished from relative rights, which are incident to them as members of so ciety. 1 BL Comm. 123; 1 Chit. PI. 364; 1 Chit. Pr. 32. ABSOLUTE BULE. In practice. A rule of court commanding something to be done absolutely, and at all events, as distin guished from a rule nisi, 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. Comm. 680. ABSOLUTE WARRANDICE. In Scotch law. A warranting or assuring of property against all mankind. It is, in ef fect, a covenant of title. ABSOLUTELY. Completely; wholly; without qualification; without reference or relation to, or dependence upon, any other person, thing, or event. ABSOLUTION. In the civil law. A sentence whereby a party accused is declared innocent of the crime laid to his charge. In canon law. A juridical act whereby the clergy declare that the sins of such as are penitent are remitted. In French, law. The dismissal of an ac cusation. The term "acquitruent" is em ployed when the accused is declared not guilty and "absolution" when he is recog nized as guilty but the act is not punishable by law, or he is exonerated by some defect of in tention or will. Merl. Repert.; Bouvier. ABSOLUTISM. Any system of govern ment, be it a monarchy or democracy, in which one or more persons, or a class, govern Absolutely, and at pleasure, without check or restraint from any law, constitutional de tice, or co-ordinate body. ABSOLVITOB. In Scotch law. An ac quittal; a decree in favor of the defender in any action. ABSQUE. Without. Occurs in phrases taken from the Latin; such as the following: ABSQUE ALIQUO INDE BEDEN DO. (Without rendering anything there from.) A grant from the crown reserving no rent 2 Rolle, Abr. 502. ABSQUE CONSIDERATIONS CU BliE. In old practice. Without the con

sideration of the court; without judgment. Fleta, lib. 2, c. 47, § 13. ABSQUE HOC. Without this. These are technical words of denial, used in plead ing at common law by way of special trav erse, to intioduce the negative part of the plea, following the affirmative part or induce ment. ABSQUE IMPETITIONE VASTI. Without impeachment of waste; without ac countability for waste; without liability to suit for waste. A clause anciently often in serted in leases, (as the equivalent English phrase sometimes is,) signifying that the ten ant or lessee shall not be liable to suit, (impeti tio,) or challenged, or called to account, for committing waste. 2 Bl. Comm. 283; 4 Kent, Comm. 78; Co. Litt. 220a; Litt. §352. ABSQUE TALI CAUSA. (Lat. with out such cause.) Formal words in the now obsolete replication de injuria. Steph. PI. 191. ABSTENTION. In French law. Keep ing an heir from possession; also tacit renun ciation of a succession by an heir. Merl. Repert. ABSTBACT. An abstract is a less quan tity containing the virtue and force of a greater quantity. A transcript is generally defined a copy, and is more comprehensive than an abstract. 10 S. C. 283. ABSTBACT OF A FINE. In old con veyancing. One of the parts of a fine, being an abstract of the writ of covenant, and the concord, naming the parties, the parcels of land, and the agreement. 2 Bl. Comm. 351; Shep. Touch. 3. More commonly called the "note" of the fine. See FINE; CONCORD. ABSTBACT OF TITLE. A condensed history of the title to land, consisting of a synopsis or summary of the material or op erative portion of all the conveyances, of whatever kind or nature, which in any man ner affect said land, or any estate or interest therein, together with a statement of all liens, charges, or liabilities to which the same may be subject, and of which it is in any way material for purchasers to be apprised. Warv. Abst. § 2. An abstract of a judgment or title is not the same as a copy of a judgment or title. An "ab stract of a title " is a brief account of all the deeds upon which the title rests; a synopsis of the dis tinctive portions of the various instruments which constitute the muniments of title. See Presi. Abst.; Whart. Law Diet. (3d Lond. Ed.;) BOUT.

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