Blue Flower

in Law, is us'd for the defeating or overthrowing of a thing, as a Writ, Appeal, or the like.

Thus the Abatement of a Writ, is the frustrating, or setting it aside, by some Exception alledg'd and made good against it. Such Exception may be taken either to the Matter, as insufficient ; or to the Allegations, as uncertain, e g. where one of the Parties or a Place are misnam'd ; or to some Variation between the Writ and Record ; or to the Uncertainty of the Writ, Count, or Declaration ; or to divers other Particulars. Upon any of which, the Desendant may pray that the Writ, or Plaint, may abate ; i.e. that the Plaintiff's Suit may cease for that time. See WRIT.

So we read in Staundsord, " The Appeal abates by Covin : that is the Accusation is deseated by Deceit.---- In the old Nat. Bev. To abate a Castle, or Fortlet, is interpreted, to beat it down.

ABATEMENT is also an irregular Entry upon Lands, or Tenements, left vacant by their former Possessor, and not yet laid hold of by the next Heir.

As he that puts out the Poslessor is said to disseize ; so he that interposes, or steps in between the former Possessor and his Heir, is said to abate. See Disseisin.

Coke on Littleton distinguishes between Abatement and Intrusion ; but the new Book of Entries renders Abatement by Intrusio. See INTRUSION.