英文法律词典 A-32

TO ABRIDGE¹, practice. To make shorter in words, so as to retain the sense or substance. In law it signifies particularly the making of a declaration or count shorter, by taking or severing² away some of the substance from it. Brook³, tit. Abridgment⁴ ment; Com. Dig. Abridgment; 1 Vin. Ab. 109.

2. Abridgment of the Plaint is allowed even after verdict and before judgment⁵ (Booth on R. A.) in an cases of real actions where the writ⁶ is de lib. ten. generally, as in assize, dower; &c.; because, after the abridgment the writ is still true, it being liberum tenementum still. But it is not allowed in a proecipe quod reddat, demanding a certain number of acres; for this would falsify the writ. See 2 Saund. 44, (n.) 4 ; Bro. Abr. Tit. Abr.; 12 Levin's Ent. 76; 2 Saund. 330; Gilb. C. P. 249-253; Thel. Dig. 76, c. 28, pl. 15, lib. 8.

AN ABRIDGMENT. An epitome⁷ or compendium⁸ of another and larger work, wherein the principal ideas of the larger work are summarily contained. When fairly made, it may justly be deemed, within the meaning of the law, a new work, the publication of which will not infringe⁹ the copyright of the work abridged¹⁰. An injunction, however, will be granted against a mere¹¹ colorable abridgment. 2 Atk. 143; 1 Bro. C. C. 451; 5 Ves. 709; Lofft's R. 775; Ambl. 403; 5 Ves. 709.; 1 Story, R. 11. See Quotation¹².

2. Abridgments of the Law or Digests of Adjudged Cases, serve the very useful purpose of an index to the cases abridged, 5 Co. Rep. 25. Lord Coke says they are most profitable to those who make them. Co. Lit. in preface to the table – at the end of the work. With few exceptions, they are not entitled to be considered authoritative¹³. 2 Wils. R. 1, 2; 1 Burr. Rep. 364; 1 Bl. Rep. 101; 3 T. R. 64, 241. See North American Review, July, 1826, pp. 8, 13, for an account of the principal abridgments.

ABROGATION¹⁴, in the civil law, legislation. The destruction or annulling¹⁵ of a former law, by an act of the legislative¹⁶ power, or by usage. A law may be abrogated¹⁷ or only derogated from; it is abrogated when it is totally annulled¹⁸; it is derogated from when only a part is abrogated: derogatur legi, cum pars¹⁹ detrahitur; abrogatur legi, cum prorsus tollitur. Dig lib.. 50, t. 17, 1, 102. Lex rogatur dum fertur; abrogatur dum tollitur; derogatur eidem dum quoddam ejus caput aboletuer; subrogatur dum aliquid ei adjicitur; abrogatur denique, quoties aliquid in ea mutatur. Dupin, Proleg. Juris, Art. iv.

2. Abrogation is express or implied; it is express when it, is literally²⁰ pronounced by the new law, either in general terms, as when a final clause abrogates²¹ or repeals²² all laws contrary to the provisions of the new one, or in particular terms, as when it abrogates certain preceding laws which are named.

3. Abrogation is implied when the new law contains provisions which are positively²³, contrary to the former laws, without expressly abrogating²⁴ such laws: for it is a posteriora derogant prioribus. 3 N. S. 190; 10 M. R. 172. 560. It is also implied when the order of things for which the law had been made no longer exists, and hence the motives²⁵ which had caused its enactment²⁶ have ceased to operate; ratione legis omnino cessante cessat lex. Toullier, Droit Civil Francais, tit. prel. 11, n. 151. Merlin, mot Abrogation.