ABEYANCE1, estates, from the French aboyer, which in figurative sense means to expect, to look for, to desire. When there is no person in esse in whom the freehold is vested, it is said to be in abeyance, that is, in expectation, remembrance and contemplation.
2. The law requires, however, that the freehold should never, if possible, be in abeyance. Where there is a tenant2 of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said to be in abeyance. 9 Serg. R.. 367; 8 Plowd. 29 a. b 35 a.
3. Thus, if sn estate be limited to A for life, remainder to the right heirs of B, the fee simple is in abeyance during the life of B, because it is a maxim4 of law, that nemo est hoeres viventis. 2 Bl. Com. 107; 1 Cruise, 67-70; 1 Inst. 842, Merlin, Repertoire5, mot Abeyance; 1 Com. Dig. 176; 1 Vin. Abr. 101.
4. Another example may be given in the case of a corporation. When a charter is given, and the charter grants franchises6 or property to a corporation which is to be brought into existence by some future acts of the corporators, such franchises or property are in abeyance until such acts shall be done, and when the corporation is thereby7 brought into life, the franchises instantaneously attach. 4 Wheat. 691. See, generally, 2 Mass. 500; 7 Mass. 445; 10 Mass. 93; 15 Mass. 464; 9 Cranch, 47. 293; 5 Mass. 555.
ABIDING8 BY PLEA. English law. A defendant9 who pleads a frivolous10 plea, or a plea merely for the purpose of delaying the suit; or who for the same purpose, shall file a similar demurrer, may be compelled by rule in term time, or by a Judge's order in vacation, either to abide11 by that plea, or by that demurrer, or to plead peremptorily12 on the morrow; or if near the end of the term, and in order to afford time for notice of trial, the motion may be made in court for rule to abide or plead instanter; that is, within twenty-four hours after rule served, Imp3. B.R. 340, provided that the regular time for pleading be expired. If the defendant when ruled, do not abide, he can only plead the general issue; 1 T.R. 693; but he may add notice of set-off. Ib. 694, n. See 1 Chit. Rep. 565, n.
ABIGEAT, civ. law, A particular kind of larceny13, which is committed not by taking and carrying away the property from one place to another, but by driving a living thing away with an intention of feloniously appropriating the same. Vide Taking.
ABIGEI, civil law. Stealers of cattle, who were punished with more severity than other thieves. Dig. 47, 14; 4 Bl. Com. 239.
ABJURATION14 A renunciation of allegiance to a country by oath.
2. 1. The act of Congress of the 14th of April, 1802, 2 Story's Laws, U.S. 850, requires that when an alien shall apply to be admitted a citizen of the United States, he shall declare on oath or affirmation before the court where the application shall be made, inter15 alia, that he doth absolutely and entirely16 renounce17 and abjure18 all allegiance and fidelity19 which he owes to any foreign prince, c., and particularly, by name, the prince, c., whereof he was before a citizen or subject. Rawle on the Const. 98.
3. 2. In England t he oath of abjuration is an oath by which an Englishman binds20 himself not to acknowledge any right in the Pretender to the throne of England.
4. 3 it signifies also, according to 25 Car. H., an oath abjuring21 to certain doctrines22 of the church of Rome.
5. 4. In the ancient English law it was a renunciation of one's country and taking an oath of perpetual banishment23. A man who had committed a felony, and for safety flee to a sanctuary24 might within forty days' confess the fact, and take the oath of abjuration and perpetual banishment; he was then transported. This was abolished by Stat. 1 Jac. 1, c. 25. Ayl. Parerg. 14.
ABLEGATI, diplomacy25. Papal ambassadors of the second rank, who are sent with a less extensive commission to a court where there are no nuncios. This title is equivalent to envoy26 .
