« ПредыдущаяПродолжить »
Of the Inner Temple, London, Barrister at Law,
AUTHOR OF THE LAW RELATIVE TO THE DUTY AND OFFICE OF A JUSTICE
PRINTED FOR GALE AND FENNER, PATERNOSTER ROW.
TO THE PUBLIC.
IN preparing the present Work, the object has been to combine, upon a correspondent scale, and within a moderate compass, an exposition of all the known Terms, and general Principles of Law and Equity, without entering into a diffuse detail of the various abstract points which have arisen from the discussion of those principles, in different cases.
In the performance of this undertaking, the most ancient and learned Interpreters of the Law, upon whose labours the larger Law Dictionaries are obviously founded, have been minutely examined; the Statutes have also been strictly attended to, and the best Authorities relied on.
UNDER these circumstances, it is presumed, that the volume now offered to public notice, will be found, upon Examination, to be eminently useful, as a portable and convenient book of reference; and the more so, as it contains an accurate exposition of a very great variety of words, terms, and rules, not to be found in any other Dictionary on the same subject, now extant.
Inner Temple, 1st of July, 1816.
LAW AND EQUITY.
1. When the name of a place begins with 4 totes that either the place beabbey, or that an abbey was bed there: thus Abingdon in Berkshire ta that same soon after Cissa king of the Test as bad founded the abbey there; for be it was called Cloveshoe. Cowel,
ABACOT, the cap of state used in old time Lesh kings,wrought up in the figure fts. Chron. Ang. 1463. Spelman,
ABACTORS, (Abactores, ab abigendo,) were stealers of cattle or beasts by herds or geat numbers, Blount. Cowel.
ABACUS, (Arithmetic) or the art of numberg, from the abacus or table on which dust as strewed, and whereon the ancients set down their figures: hence also abacista an
arithmetician. Cowel. Blount.
4BANDONMENT, (on marine insurances) the exercise of a right, which the assured at, to call upon the underwriters or insurers to accept of what is saved, and to pay the arunt of the insurance, as if a total bass had Lappened, where the matter insured by some of the usual perils of the sea, be
e of little value.
notice in a reasonable time, otherwise he will be taken to waive his right to abandon, and can never after recover for a total loss. 1 Ter. Rep. 608.
But if the insured hearing that his ship is much disabled, and has put into port to repair, express his desire to the underwriters to abandon, and be dissuaded from it by them, and they order the repairs to be made, they are liable to the owner for all the subsequent damage occasioned by that refusal, though it amount to the whole sum insured, for they have by their own act superseded the necessity of notice. 2 Ter. Rep. 407.
The insured may abandon to the underwriters, and call upon them for a total loss, if the damage exceed half the value, if the voyage be absolutely lost or not worth pursuing, if further expence be necessary, and the insurer will not engage at all events to bear that expence, though it should exceed the value or fail of success; but he cannot abandon, unless at some peried or other of the voyage there has been acutal loss. 1 Ter. Rep. 187. Park, c. 9.
Also if neither theching insured, nor the voyage be lost, and the damage does not
amount to a mosty of the value, he shall not 2 Bur. 1211. 3 Atk.
Abandonment is as ancient, as the contract be allowed to abandon. france itself, and must be total and 195. 2 Bur. 683.
partal of any particular part of the pro
And the right to abandon, must depend on
nsured, 1 Ter. Rep. 608. 2 Eur. 697. the mature of the case, at the time of the action brought, or at the time of the offer to
And in all cases the insured has a right to abandon: therefore where there was a cap
et whether he will abandon or not.
1449 Bar. 697. 1911.
For this purpose as soon as the insured re
ture and re-capture, and it was stated that at the time of the offer to abandon, the peril was over, as the ship was safe in port, and had suf
to abune, and not before, 2 Bur. 1211. be sured had no right to abandon. ceives arounts of such a loss as entitles him fered no damage, the court held that the inBust in the very first instance make his elec- 1198. 1 Black. Rep. 276.
tan whether he will abandon or not; and if
Le abandon, he must give the underwriters insurance, and the abandonment is made,
When the underwriter has discharged his