Houfe or Land, void by the Deceafe of the former Poffeffor, before his Heir enters upon the fame. Old Nat. Brev. 115. Abbzochment, is derived from the

Latin, and fignifies a Foreftalling of a Market or Fair, by buying up the Wares, before publickly expofed to Sale, and afterwards retailing them. Abbuttals, (from a French Word fignifying to limit or bound) are the Buttings and Boundings of Land, fhewing on what other Lands, Rivers, &c. it doth abut or bound. The Sides on the Breadth of Lands, are properly term'd, lying or bordering, and the Ends in Length, abutting or bounding. abdicate, from the Latin, fignifying to renounce or refufe a Thing. Termes de la Ley. abdication, (from the Latin) is a voluntary Act of Renunciation, or refufing of a Thing; a Term, that seems now a days chiefly adapted to the Cafe of an unfortunate Prince, not long ago among

us.

abet, (from a Saxon Verb) in our Law fignifies to encourage or fet on. Abetment, the Substantive, is used in the like Senfe. Staundf. Pl. Cr. 105. An Abettor is the Inftigator or Setter on; that is to fay, he that promotes or procures a Crime to be committed. Old

no Acceffories in that Crime. See more in Staunford's Pleas of the Crown.

abeyance, is fuppofed to come from a French Word, fignifying to gape after, or to expect. It is a fix'd Principle of Law, that there is a Fee-fimple of all Land in fome Perfon, or else it is in Abeyance; that is to fay, tho' at present it appears to be in no Man, yet, in Expectancy, it is belonging to him who is next to enjoy the Land. Co. Lit. 341. c. Difcontin. If a Perfon makes a Lease for Life, the Remainder to the right Heirs of A. B. in that Case the Fee-fimple is in Abeyance until the Death of A. B. when, and not before, his Heir has a good Remainder, and the Fee-fimple then ceases to be in Abeyance. Termes de la Ley 6. Where a Perfon is presented by Patron of a Church, the Fee of the Lands, &c. pertaining to the Rectory is in the Parfon: But if he die, and the Church become void, then the Fee of thofe Lands is in Abeyance, until another Parfon is prefented, admitted and inducted; feeing that the Patron hath not the Fee, but only a Right to prefent, the Fee being in the Incumbent that is prefented. Termes de la Ley 6.

bithering is understood to be quit of Amerciaments. Termes de la Ley 7.

der are fuch as command, procure, or counsel others to commit it; and in fome Cafes thofe Abettors will be taken as Principals, tho' in others only as Acceffaries, their Prefence or Abfence at the Time of committing the Fact making the Difference. Co. Lit. 475. See Acceffories. There are alfo Abbettors in Treason, but always accounted Principals, there being

a Forfwearing or Renouncing, and fignifies a sworn Banishment, or an Oath taken to forfake the Realm for ever. Staundf. Pl. Cr. lib. 2. c. 40. This Word has alfo another Signification, extending to the Perfon of the Pretender, fo called in this Kingdom; for by 1 W. & M. 13 W. 3. 1 Geo. 1. &c. all Perfons by Oath are to abjure the pretended Prince of

Wales;

nant or Leffee the laft Rent due, and gives him a Difcharge for the fame, ak Rent in Arrear is by Law prefumed to be fatisfied. Co. Lit. 373. Acceptance of the Rent

that becomes next due after what is in Arrear, bars the Leffor from entring for a Condition broken, on account of Non-payment of the Rent referved in the Leafe, because the Leffor thereby affirms the Lease to have Continuance. Co. Lit. 211. A Diftrefs made for Rent likewife affirms the Continuance of the Leafe.

Iccellozy or Acceflary, at Common Law, is where a Perfon is guilty of fome felonious Offence, tho' not principally concerned, but is a Partaker in the Crime, as by commanding, advifing, concealing, &c. A Man may be acceffory to an Offence two Ways, viz. before the Fact, or after it. An Accefory before the Fact, is he that commands another to commit Felony, and is not prefent at the Time it is doing; for his Prefence makes him a Principal: And therefore there cannot be an Acceffory before the Fact in Manslaughter; for this Reafon, that Manflaughter is fudden, and not premeditated. Co. Lit. fol. 44. An Acceffory after the Fact, is one that receives, affifts, or comforts another, whom he knows to have committed Felony or Murder. He that counfels or commands an Evil, shall be judged acceffory to all the Confequences that attend it, but not to another diftinct Thing: As for Inftance, in cafe a Perfon commands another to beat a third Perfon, and the Commanded beats him, fo that he dies, the Perfon commanding fhall be acceffory to the Murder: But it is otherwise in the Cafe, where a Perfon orders another to fteal a White Horse, and he steals a Black

one; or to burn fuch a House, well known to the Commanded, and he burns another. In these two Cafes the Commander fhall not be deemed an Accessory. Where the Principal is pardoned, or has his Clergy, the Accessory cannot be arraign'd; it being a Maxim in our Law, that where there is no Principal, there can be no Acceffory: And why? Because it does not appear by the Judgment of Law, that there was a Principal: Yet if the Principal after Attainder be pardoned, in that Cafe the Acceffory may be arraign'd. 4 Rep. 43. By the Statute 1 Ann. c. 9. where the Principal is convicted of Felony, ftands mute, or challenges above twenty of the Jury, the Acceffory is liable to be proceeded against in the fame Manner, as if the Principal had been attainted; notwithstanding fuch Principal fhall be allowed his Clergy, pardoned, or delivered before Attainder. And by the fame Statute, if the Principal cannot be taken, the Acceffory may be profecuted for a Mildemeanor, and punished by Fine, Imprifonment, &c. See likewife Stat. 5 Ann. c. 31. In the lowest Offences, fuch as Riots, forcible Entries, and other the like Tranfgreffions by Force and Arms, as well as in the highett, viz, Treafon, there are no Acceffories; for all are Principals. Acceffory by Statute, is he that abets, counfels, or conceals the committing, or the having committed of Felony, made fo by Act of Parliament; for tho' the Act makes no Mention of Abettors, yet by Interpretation they become included. See Staundf. Pl. Car. lib. 1. c. 45, 46, 47, 48. There is likewife an Acceffory of an Acceffory; that is to fay, he that wittingly receives an Acceffory to a Felony: But a Wo

man

Accompts, is a Writ or Action

that lies against a Perfon, who, by Reafon of Office or Bufinefs undertaken, is to render an Accompt to another, but refufes to do it; as a Bailiff or Receiver to a Lord or others. See Fitz. Nat. Brev. fol. 116. By the Statute of Weftm. 2. If an Accomptant be found in Arrear, the Auditors affigned are empowered to award him to Prifon, there to remain till Agreement be made with the Party: But if the

almoft gone into Difufe, there being no Damages given by it; for the Judgment is only that he do accompt, on which the Defendant becomes liable to be taken on a Capias ad computandum, (that is to fay) take to Accompt. There are two Judgments on this Writ; as where the Defendant cannot avoid the Suit by Plea, Judgment is first given, That he do accompt, which having done before the Auditors, the fecond Judgment is entered, viz. That the Plaintiff shall recover of the Defendant fo much as is found in Arrears. 11 Rep. 40. The Procefs on this Action is, Summons, Pone, and Diftress: and upon a Nihil, viz. Nothing returned, the Plaintiff may proceed to Outlawry. The Statute of Limitations, 21 Jac. 1. does not debar a Merchant from bringing Action of Accompt for Merchandize, at any Time; yet all other Actions of Accompt are within that Sta

tute.

fonable Expences and Cofts, or be charged with more Receipts than he ought, he may, by his next Friend, fue out a Writ of Ex parte talis (that is to fay) on the Part er Behalf of fuch a One, directed to the Sheriff to take four Mainpernors, to bring his Body before the Barons of Exchequer at a certain Day, and to warn the Lord or Mafter to appear there the fame Day. If a Perfon, tho' neither appointed Bailiff nor Receiver, receives Money for another's Ufe, an Action of Accompt lies against him: Alfo, where a Man delivers Money to be delivered over to a third Perfon, the Receiver thereof will be liable to account. The ufual Pleas in this Action are, that be never was Receiver; that he hath fully accounted. This Action is now

Agreement between two or more, where any one is injur'd by Trefpafs, or other Offence committed, to make Satisfaction or Recompence to the Person injured, who after the Accord performed, is entirely barred in Law from any new Action against the Agreffor for the fame Trefpafs. Termes de la Ley 14. Accord executed is pleadable in Bar; but executory is not. 1 Mod. 69. In Pleading, it is safest to alledge Satisfaction, and not Accord alone; if it be chiefly pleaded by Way of Accord, a precife Execution in every Part thereof muft be pleaded: But if Satisfaction be pleaded, the Defendant need only to alledge, that he paid the Plaintiff fuch a Sum, &c. in full Satiffaction of the Accord, which he received. 9 Rep. 80. When no

certain

ceftain Duty is created by Deed, but the Action is for Wrong or Default, &c. for which Damages are recoverable, there an Accord with Satisfaction is a good Plea: But where a Duty accrues by Deed, as by Bill, Bond, or Covenant, for Payment of Money, that Duty arifing by Deed, ought to be discharged by Matter of as high a Nature. 6 Rep. 43. accroche (from the French) fignifying to fix Hook or Graple unto: In the the Statute 25 Ed. 3. c. 8. this Word fignifies as much as to encroach, and is there used to that Purpose. Beculation (from the Latin) fignifies to charge a Perfon with fome Crime. By Magna Charta, viz. 9 H. 3. no Man fhall be imprifoned or condemned on any Accufation, without Trial by his Peers or the Law of the Land. By 25 and 28 Ed. 3. None fhall be vexed upon any Accufation, but according to the Law of the Land: And no Man may be molefted by a Petition to the King, unless it be by Indictment or Presentment of lawful Men, or by Process at Common Law. By 38 Ed. 3. Promoters of Suggestions are to find Surety to pursue them, and not making the fame good, are to fatisfy Damages to the accused Party, and to pay a Fine to the King. By 5 & 6 Ed. 6. there must be two lawful Accufers in Treafon. None is obliged to an

enjoined to be inferted in Writs where fpecial Bail is required: But it ought not to be inferted, where the Action is against a Peer, or upon a Penal Statute, or against an Executor or Administrator, or for any Debt under 10%. nor in any Action of Account, Covenant, &c. unless the Damages are 10 or more. Nor in Trefpass, Battery, Wounding or Imprisonment, except there be an Order of Court for it, or a Warrant under the Hand of one of the Judges of the Court, from whence the Writ is iffued. 1 Lill. Abr. 13. Achat (from the French) is faid to fignify a Contract or Bargain, Brook, Tit. Contract; from whence it is fuppofed, that Purveyors in 36 Ed. 3. were called Achators, because of their frequent making of Bargains.

Acknowledgment Money, is what is paid in fome Parts of England by Tenants, on the Death of their Lord or Landlord, as an Acknowledgment to the new one; and is paid in fuch Manner as Money ufually is on the Attornment of Tenants. acquietantia de Shiris & Hun

Dzedís, is to be free from Suits and Services in Shires and Hundreds.

cquietandis Plegíís, is a Writ of Jufticies which lies for a Surety against a Creditor, who refuses to acquit the Debtor after the Debt is paid. Reg. of Writs 158.

and Latin) to free or difcharge, fignifies in Law, to be free from Entries and Moleftations of a fuperior Lord, on account of Services iffuing out of Lands held. In a general Sense it fignifies a Deliverance, or fetting free from the Sufpicion of Guilt; as one that is discharged of Felony, is faid to

be