Section 1
BLACK'S LAW DICTIONARY® Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern By HENRY CAMPBELL BLACK, M. A. SIXTH EDITION BY THE PUBLISHER'S EDITORIAL STAFF Coauthors JOSEPH R. NOLAN Associate Justice, Massachusetts Supreme Judicial Court and JACQUELINE M. NOLAN-HALEY Associate Clinical Professor, Fordham University School of Law Contributing Authors M. J. CONNOllY Associate Professor (Linguistics), College of Arts & Sciences, Boston College STEPHEN C. HICKS Professor of Law, Suffolk University Law School, Boston, MA MARTINA N. All BRANDI Certified Public Accountant, Bolton, MA ST. PAUL, MINN. WEST PUBLISHING CO. 1990 "BLACK'S LAW DICTIONARY" is a registered trademark of West Publishing Co. Registered in U.S. Patent and Trademark Office. COPYRIGHT @ 1891, 1910, 1933, 1951, 1957, 1968, 1979 WEST PUBLISHING CO. COPYRIGHT @ 1990 By WEST PUBLISHING CO. 50 West Kellogg Boulevard P.O. Box 64526 St. Paul, Mn 55164-0526 All rights reserved Printed in the United States of America Library of Congress Cataloging-in-Publication Data Black, Henry Campbell, 1850-1927. [Law dictionary] Black's law dictionary / by Henry Campbell Black. - 6th ed. / by the publisher's editorial staff; contributing authors, Joseph R. Nolan ... let al.] p. cm. ISBN 0-314-76271-X 1. Law-United States-Dictionaries. 2. Law-Dictionaries. I. Nolan, Joseph R. II. Title. KF156.B53 1990 340' .03-dc20 90-36225 ISBN 0-314-76271-X ISBN 0-314-77165-4 deluxe Black's Law Dictionary 6th Ed. 2nd Reprint-1990 CIP PREFACE This new Sixth Edition starts a second century for Black's Law Dictionary-the standard authority for legal definitions since 1891. Nearly every area of the law has undergone change and develop ment since publication of the Fifth· Edition in 1979. This period has seen particular change and expansion in such areas as tax, finance, commercial transactions, debtor-creditor relations, tort liability, em ployment, health care, environment, and criminal law. Congress and the states continue to legislate new rights and remedies; the courts continue to define and redefine legal terms; the states are increasingly adopting uniform or model laws and rules; and new causes of action and legal concepts continue unabated. The vocabulary of the law has likewise continued to change and expand to keep pace. This has necessitated not only a significant expansion of new w
Section 2
entries has also been substantially expand ed, as has the Table of Abbreviations . A number of changes have been made to the pronunciation guides to make this feature even more helpful. A comprehensive explanation of these guides is set forth on pages vii-xiv with a shorter pronuncia tion Key appearing on the inside front cover. New and revised words and terms for this Sixth Edition were prepared by Joseph R. Nolan, Associate Justice, Massachusetts Su preme Judicial Court, and Jacqueline M. Nolan-Haley of Fordham University School of Law. The pronunciation transcription system and guides were prepared by M.J. Connolly, Associate Professor of Linguis tics, Boston College. Words and terms of the United Kingdom were revised and updated by Professor Stephen C. Hicks, Suffolk University Law School. Tax and accounting terms were updated and expanded by Martina N. Alibrandi, Certified Public Accountant, Bolton, Massachu setts. A Final Word of Caution The language of the law is ever-changing as the courts, Congress, state legislatures, and administrative agencies continue to define, rede fine and expand legal words and terms. Furthermore, many legal terms are subject to variations from state to state and again can differ under federal laws. Also, the type of legal issue, dispute, or transaction involved can affect a given definition usage. Accordingly, a legal dictionary should only be used as a CCstarting point" for definitions. Additional research should follow for state or federal variations, for further or later court interpretations, and for specific applications. Helpful sources for supplemental research are CCWords and Phrases" and WESTLAW. St. Paul, Minn. July, 1990 iv THE PUBLISHER CONTENTS Page Preface ____________________________________________________________________________________ iii The Pronunciation of Latin ______________________________________________________ vii Outline of Latin Pronunciations_____________________________________________ ix Transcription System________________________________________________________________ xi Guide to Pronunciation Symbols ____________________________________________ xii Text of Definitions ___ _ ______ _ _ _____ ___ _______ ______ __ _______________ ________ _ _ _____ 1 Appendices Table of Abbreviations __________________________________________________________ 1623 The Constitution of the United States
Section 3
sine die / sayniy dayiy I only to have a junior colleague suggest that the ccorrect' pronunciation is / siyney diyey I. Strictly speaking, of course, any attempt at ccorrect' pronunciations of foreign terms can at best be only weak approximations. The linguistic contortions of a purist attempting to weave foreign sounds and intonations into the texture of an English sentence usually strike us as pedantic or affected. Although Julius Caesar may have pronounced his name something like Iyuwliyus kaysar/ and later Romans may have called him Icheyzar/, few speakers of English have place for anything other than the Anglo-Latin I juwl(i)y�s siyz�r / . Three major systems of Latin pronunciation, outlined below, coexist in the English-speaking world. Each has its proper cultural and scholarly context. The reformed (or new, or philological, or Roman) pronunciation represents a modification to English speech habits of the reconstructed sounds of Latin as it must have been in the classical period. Philologists, vii PRONUNCIATION OF LATIN classical historians, and most teachers of Latin employ this pronunciation in their professional activity. Anglo-Latin (or English) pronunciation, the form most commonly encountered in law, medicine, the natural sciences, and in general usage, reflects the centuries of sound change that English has undergone. * Although it may not possess the authenticity of linguistic reconstruction, the Anglo-Latin system enjoys the authority of a persevering and distinct cultural tradition. The Italianate pronunciation derives from the pronunciation of Later Latin and is viewed as the standard in Roman Catholicism (including canon law), in music, in art history, and in medieval studies. Thus, a school master may leave the classroom, where he has just taught his pupils Latin imperatives including wenite tcome' /weniyte/ (re formed philological), go to chapel to rehearse with the choir Psalm 95 in Anglican morning prayer, the Venite /vanaytiy/ (Anglo-Latin), and then actually sing the text in a Latin setting as /veyniytey eksulteymus .. .1 (Italianate). Each pronunciation is correct in its own context. • There exist, in addition, various secondary pronunciations, such as the continental one often used by scholars of Middle English literature and history. viii OUTLINE OF LATIN PRONUNCIATIONS Letter Reformed Philological Italianate Anglo-Latin a lal I a
Section 4
tended to override the expected forms. Analogies with sibling or quasi-sibling forms often keep doublets flourishing side by side: licet �it is permitted' as/lays�t/ (cf. license) or /lis�tI (cf. licit) debet �one must' as /diyb�t/ or /deb�t/ (cf. debit and credit) capias �thou shouldst seize' as /keypiy�s/ (cf. cape) or /kcEpiy�s/ (cf. capture) Language traditions usually resolve such conflicts in good time, favoring �usage' over �correctness', and then promptly create new conflicts. x TRANSCRIPTION SYSTEM The transcription system employed for these listings is derived from one of the traditional phonemic analyses of American English (Trager-Smith). The values of the symbols vary with context, i.e., their specific pronuncia tions depend on the nature of the surrounding sounds. The pronunciation habits of a normal speaker of English will, however, in practically all cases supply the accustomed variants for that speaker's usage if the elements presented in the key are substituted in accordance with the sample indica tions. This system enables the speakers of a range of dialects to use one and the same transcription and yet produce a pronunciation natural to their speech. For this reason, in addition to the considerations given above concerning the treatment of foreign terms in English, sounds foreign to English have been represented by the customary English substitutes. Thus, for example, the voiceless velar fricative of German Bach would be rendered with a simple stop Ikl and French front rounded eu with Iyuw/. Readers who wish to affect the foreign sounds will find guidance in their own linguistic experience or in the appropirate grammars and dictionaries. Similarly, readers who prefer pronunciations closer to the spelling than those presented here should feel free to substitute their preferences, e.g., restoration of ufull" vowels for unaccented I �I or evert to pronouncing the t in often. Finally, readers who already feel secure (or even superior) in their own renderings of words and phrases should retain these. The editors will always appreciate information on local variants and will welcome sugges tions for improving the transcriptions. The rubrics (sets of examples) under any given major symbol should always be applied in order. The earlier, more specific contexts take prefer ence over the later, telsewhere' variant. The special symbols 1001 (ash)
Section 5
diacritic Ihl may be ignored. lelrl as in murder Im�rdelrl were Iw�rl mother Ima&rl world Iw�rldl whirr I(h)w�rl I�I 1-;1 (with either primary or secondary stress) as in but, butt Ib�tl blood /bladl above I elb�v I lell elsewhere (unstressed) as in sofa Isowfell another leln;&rl If I as in fill, Phil If 01 rough ltifl xii [!] � OJ [] [0 � � GUIDE TO PRONUNCIATION SYMBOLS Igl always 'hard' as in gall Igoll Gaul/gol lag II�gl Ihl as silent diacritic in combinations lehr, �hr, ihr, ohrl and Ich, sh, zhl otherwise as in hill Ihnl mousehole Imaws-howll liy I as in machine Im�shiynl be, bee, Bea Ibiy I each liychl lihrl as in irrigate lihr�geytl spirit Ispihr�t/. In dialects where lihr I is not distinct from lir I the diacritic Ihl may be ignored. lirl as in pier, peer Ipirl hear, here Ihirl Iii elsewhere as in sit Isitl pretty Ipri tiy I Ijl as in Jill Ijill general Ijen(�)r�ll edge lejl soldier Isowlj�rl carriage Ik�r�j I Ikl as in kill Ikill cool Ikuwll III as in Lill Ilill Iml as in mill Imill Inl as in nil Inill II)I as in thing 1811)1 singer Isi�rl finger Ifil)g�rl loyl as in boy Iboyl noise Inoyzl lowl as in know Inowl sew, so, sow (seed) Isowl I ohr I as in foreign Ifohr�nl borrow Ibohrow I. In dialects where I ohr I is not distinct from lor I the diacritic Ihl may be ignored. lor I as in bore, boar Ibor I course, coarse Ikorsl 101 elsewhere as in rot, wrought Irotl wall Iwoll ought, aught loti law 1 10 1. Some dialects merge 101 and lal while others treat diph thongal spellings as 101 but others as la/. � Ipl as in pill Ipnl lip llipl o Ir I as in rill Irn/. See also the coloring function of Ir I in diphthongs lar, e(h)r, �(h)r, i(h)r, o(h)r, uri. xii i o [!] [[) [!J GUIDE TO PRONUNCIATION SYMBOLS Ishl as in shill IshOI sugar Ishug;rl issue lishyuwl lsI as in sill IsO I city Isidiyl It I as in till ItOI hit Ihitl 181 as in thin 18inl thought 186tl not to be confused with / d/: ether liy8;r / either /iy&rl luw I as in too, two Itiiw / through, threw /8riiw / crude Ikriiwdl lurl as in jury /jiiriyl poor /piirl luI elsewhere as in put Iputl good Igudl could Ikudl Iw I as in will Iwfll weather /we&r /. See also the function of Iw / in diphthongs law, ow, uw/. Iy I as in yes Iyesl union lyiiwny;n/. See also the function of Iy I in diphthongs lay, ey, iy, oy/. Izhl as in Doctor Zhivago /dakt�r zh;vagowl pleasure Iplezh;rl garage Ig;razhl (in some dialects IOaj
Section 6
of the first letter in the Greek alphabet, alpha. Alpha and the second letter of the Greek alphabet, beta, were combined to form "alphabet," which is largely the same in different languages. A in Latin and law Latin. Anglo-American law abounds in Latin and French words and phrases, and the use of A in these languages is important to the English-speaking lawyer. In Latin "A" was used both as an abbreviation and as a symboL For example "A" was an abbreviation for "Aulus," a praenomen, or the first of the usual three names of a person by which he was distinguished from others of the same family; also for "ante" in "a.d.," ante diem (before the day), and for "anno" (year) in a.u.c., an no urbis conditae (the year of the building of the city) and in an no ab urbe condita (from the year of the building of the city). As a preposi tion, the form was either A, AB or ABS. A was used before consonants; ab was usually used before vowels, but sometimes before consonants, whereas abs was used before "c" or "t." The meaning was "from," "away from," "on the side of," "at," "after," "since," "by," "by means of," "out of," "with reference to," "in regard of," "near by," and "along." For example, A fronte in front; ab tergo, from behind; a puertitia, from youth; ab sole orbe, from or at sunrise; ab intestato, without a will, intestate. In law Latin, "a" means "by," "with," "from," "in," "of," and "on," and AB means "by," "from," and "in". A in French and law French. In French A is a preposi tion, the meaning of which largely depends on context. It is usually translated as "into," "at," "to," "in," "by," "of," "with," "on," "from," "for," "under," "till," "with in," "between," etc. It also changes into au and aux when combined with "the." A is also the third person, singular number, present tense, indicative mood of the verb avoir, (to have): II a (he has). In law French "a" is used as a preposition meaning "at," "for," "in," "of," "on," "to," and "with." The word "a" has varying meanings and uses. "A" means "one" or "any," but less emphatically than ei ther. It may mean one where only one is intended, or it may mean anyone of a great number. It is placed before nouns of the singular number, denoting an indi vidual object or quality individualized. 1 The article "a" is not necessarily a singular term; it is often used in the sense of "any" and is then applied to more than
Section 7
638, 640. AAA. Agricultural Adjustment Act; American Account ing Association; American Arbitration Association. A.A.C. Anno ante Chris tum, the year before Christ. A.A.C.N. Anno ante Chris tum natum, the year before the birth of Christ. AALS. Association of American Law Schools. A aver et tener ley eyv�r et ten�r/. L. Fr. (L. Lat. habendum et tenendum.) To have and to hold. A aver et tener a luy et a ses heires, a touts jours,-to have and to hold to him and his heirs forever. Ab. The eleventh month of the Jewish civil year, and the fifth of the sacred year. It answers to the moon that begins in July, and consists of thirty days. On the 24th is observed a feast in memory of the abolishment of the Sadducean law, which required sons and daughters to be equal heirs and heiresses of their parents' estates. Ab, at the beginning of English-Saxon names of places, is generally a contraction of abbot or abbey; whence it is inferred that those places once had an abbey there, or belonged to one elsewhere, as Abingdon in Berkshire. A.B. Able-bodied seaman. For the requirements of able seaman, see 46 U .S.C.A. § 7306 et seq. Also artium baccalaureus, bachelor of arts. In England and U.S., generally written B. A. See Able-bodied. A.B.A. A.B.A. American Bar Association. Ab; Abr. Abridgment. Ab abusu ad usum non valet consequentia / reb �byuwz(y)uw red yUwz�m non vrebt kon s�kwensh(iy)�/ . A conclusion as to the use of a thing from its abuse is invalid. Abacist or abacista / reb�sist�/ . A caster of accounts, an arithmetician. Abaction / �breksh�n/. A carrying away by violence. Ab actis / reb rekt�s/. Lat. An officer having charge of acta, public records, registers, journals, or minutes. An officer who entered on record the acta or proceedings of a court; a clerk of court; a notary or actuary. See "Acta diurna': This, and the similarly formed epithets a cancellis, a secretis, a libellis, were also anciently the titles of a chancellor (c ancellarius) in the early history of that office. Abactor / rebrekt�r / . A stealer and driver away of cattle or beasts by herds or in great numbers at once, as distinguished from a person who steals a single animal or beast. Also called abigeus, q. v. Ab agendo / reb eyjendow /. Disabled from acting; un able to act; incapacitated for business or transactions of any kind. A.B.A.J. American Bar Association Journal. Abalienate / �beyliy�neyt
Section 8
cargoes. Abandonment. The surrender, relinquishment, dis claimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim and possession, with the intention of not reclaiming it. State v. Bailey, 2 97 N.J.Super. 396, 235 A.2d 214, 216. The giving up of a thing absolutely, without reference to any particular person or purpose, as vacating property with the inten tion of not returning, so that it may be appropriated by the next comer or finder. The voluntary relinquish ment of possession of thing by owner with intention of terminating his ownership, but without vesting it in any other person. Dober v. Ukase Inv. Co., 139 Or. 626, 10 P.2d 356, 357. The relinquishing of all title, possession, or claim, or a virtual, intentional throwing away of property. Term includes both the intention to abandon and the external act by which the intention is carried into effect. In determining whether one has abandoned his property or rights, the intention is the first and paramount object of inquiry, for there can be no abandonment without the intention to abandon. Roebuck v. Mecosta County Road Commission, 59 Mich.App. 128, 229 N.W.2d 343, 345. Generally, "abandonment" can arise from a single act or from a series of acts. Holly Hill Lumber Co. v. Grooms, 198 S.C. 118, 16 S.E.2d 816, 821. Time is not an essential element of act, although the lapse of time may be evidence of an intention to aban don, and where it is accompanied by acts manifesting such an intention, it may be considered in determining whether there has been an abandonment. Ullman ex reI. Eramo v. Payne, 127 Conn. 239, 16 A.2d 286, 287. "Abandonment" differs from surrender in that surren der requires an agreement, and also from forfeiture, in that forfeiture may be against the intention of the party alleged to have forfeited. See also Desertion; Discharge; Release; Waiver. Actions, in general. Failure to prosecute or bring action within statutorily prescribed period (see Limitations (Stat ute of limitations); failure to object to or submit jury instructions (Fed.R. Civil P. 51); failure to demand jury trial (Fed.R. Civil P. 38). Adverse possession. To destroy continuity of adverse claimant's possession, there must be an intent to relin quish claim of ownership as well as an act of relinquish ment of possession and mere temporary absence is not sufficient. Bruch v. Benedi
Section 9
change of behavior, and rising revulsion for harm in tended, and must occur before criminal act charged is in the process of consummation or has become so inevitable that it cannot reasonably be delayed. Pyle v. State, Ind., 476 N.E.2d 124, 126. See Model Penal Code § 5.01(4) (renunciation of criminal purpose). Easements. To establish "abandonment" of an ease ment created by deed, there must be some conduct on part of owner of servient estate adverse to and inconsist ent with existence of easement and continuing for statu tory period, or nonuser must be accompanied by un equivocal and decisive acts clearly indicating an intent on part of owner of easement to abandon use of it. Permanent cessation of use or enjoyment with no inten tion to resume or reclaim. Intention and completed act are both essential. A mere temporary or occasional obstruction or use of an easement by the servient owner is not an "abandonment". Gerber v. Appel, Mo.App., 164 S.W�d 225, 228. _ Ground for divorce. "Abandonment" as cause for di- . vorce must be willful and intentional without intention of returning, and without consent of spouse abandoned. This ground is commonly termed "desertion" in state divorce statutes. See also Qesertion. Inventions. The giving up of rights by inventor, as where he surrenders his idea or discovery or relinquish es the intention of perfecting his invention, and so throws it open to the public, or where he negligently postpones the assertion of his claims or fails to apply for a patent, and allows the public to use his invention. Electric Storage Battery Co. v. Shimacizu, Pa., 307 U.S. 5, 613, 616, 59 S.Ct. 675, 681, 83 L.Ed. 1071. Leases in general. To constitute an "abandonment" of leased premises, there must be an absolute relinquish ment of premises by tenant consisting of act and inten tion. Mineral leases. "Abandonment" consists of an actual act of relinquishment, accompanied with the intent and purpose permanently to give up a claim and right of property. A distinction exists between "abandonment" and "surrender" which is the relinquishment of a thing or a property right thereto to another, which is not an essential element of abandonment. Distinction also ex ists between elements of "abandonment" and those of estoppel. Neither formal surrender of oil and gas lease nor release is necessary to effectuate "abandonment; for ABANDONME NT examp
Section 10
and whether an officer has abandoned an office depends on his overt acts rather than his declared intention. It implies nonuser, but nonuser does not, of itself constitute abandonment. The failure to perform the duties pertaining to the office must be with actual or imputed intention on the part of the officer to abandon and relinquish the office. The intention may be inferred from the acts and conduct of the party, and is a question of fact. Abandonment may result from an acquiescence by the officer in his wrong ful removal or discharge, but, as in other cases of aban donment, the question of intention is involved. McCall v. Cull, 51 Ariz. 237, 75 P.2d 696, 698. Patents. There may be an abandonment of a patent, where the inventor dedicates it to the public use; and this may be shown by his failure to sue infringers, sell licenses, or otherwise make efforts to realize a personal advantage from his patent. Sandlin v. Johnson, C.C.A. Mo., 141 F.2d 660. A person may not be deprived of a patent as a result of the earlier work of another if that work has been abandoned, supplemented, or concealed. 35 U.S.C.A. § 102(g). Property. "Abandoned property" in a legal sense is that to which owner has relinquished all right, title, claim, and possession, but without vesting it in any other person, and with no intention of not reclaiming it or resuming its ownership, possession or enjoyment in the future. Com. v. Carter, 236 Pa.Super. 376, 344 A.2d 899, 901. There must be concurrence of act and intent, that is, the act of leaving the premises or property vacant, so that it may be appropriated by the next comer, and the intention of not returning. Relinquishment of all title, possession, or claim; a virtual intentional throwing away of property. Ex parte Szczygiel, Sup., 51 N.Y.S.2d 699,702. ABANDONME NT Rights in general. The relinquishment of a right. It implies some act of relinquishment done by the owner without regard to any future possession by himself, or by any other person, but with an intention to abandon. See Waiver. Trademarks and trade names. There must be not only nonuser, but also an intent to abandon and to give up use of trademarks permanently. Neva-Wet Corporation of America v. Never Wet Processing Corporation, 277 N.Y. 163, 13 N.E.2d 755, 761. Water rights. As applied to water rights may be defined to be an intentional relinquishment of a known right. I
Section 11
:lswiyt:ls non fit injuriY:l/. From things to which one is accustomed (or in which there has been long acquiescence) no legal injury or wrong arises. If a person neglects to insist on his right, he is deemed to have abandoned it. Abatable nuisance. A nuisance which is practically susceptible of being suppressed, or extinguished, or ren dered harmless, and whose continued existence is not authorized under the law. Fort Worth & Denver City Ry. Co. v. Muncy, Tex.Civ.App., 31 S.W.2d 491, 494. Abatamentum / :lbeyt:lment:lm/. L. Lat. In old English law, an abatement of freehold; an entry upon lands by way of interposition between the death of the ancestor and the entry of the heir. Abatare / reb:lteriy / . To abate. Abate. To throw down, to beat down, destroy, quash. To do away with or nullify or lessen or diminish. In re Stevens' Estate, Cal.App., 150 P.2d 530, 534. To bring entirely down or demolish, to put an end to, to do away 4 with, to nullify, to make void, Sparks Milling Co. v. Powell, 283 Ky. 669, 143 S.W.2d 75, 77. See also Abate ment; Abatement of action. Abatement. A reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. Legacies. A proportional diminution or reduction of the pecuniary legacies, when the funds or assets out of which such legacies are payable are not sufficient to pay them in full. Uniform Probate Code, § 3-902. See Ademption, infra, as to specific legacies and devises. Nuisance. See Nuisance. Plea in abatement. See Plea. Taxes. Diminution or decrease in the amount of tax imposed. Abatement of taxes relieves property of its share of the burdens of taxation after the assessment has been made and the tax levied. Sheppard v. Hidalgo County, 126 Tex. 550, 83 S.W.2d 649, 657. Abatement of action. Abatement is an entire over throw or destruction of the suit so that it is quashed and ended. Carver v. State, 217 Tenn. 482, 398 S.W.2d 719. See Dismissal; Vacate. Pleas in abatement have been abolished by Fed.R. Civil P. 7(c); such being replaced by a motion to dismiss under Rule 41. In certain states however this plea still exists to attack jurisdiction, or service of process, or to allege that a prior action between the same parties concerning the same subject matter is pending. Abator /:lbeyt:lr/. In real property law, a stranger who, having no right of entry, contrives
Section 12
over them. Abbot. A prelate in the 13th century who had had an immemorial right to sit in the national assembly. Abbot, abbat. The spiritual superior or governor of an abbey. Feminine, Abbess. Abbreviatio placitorum I abriyviyeysh(iy)ow p1ci� satoram/. An abstract of ancient judicial records, prior to the Year Books. Abbreviators labriyviyeytarz/. In ecclesiastical law, of ficers whose duty it is to assist in drawing up the Pope's briefs, and reducing petitions into proper form to be converted into papal bulls. Abbrochment, or abbroachment labrowchmant/. The act of forestalling a market, by buying up at wholesale the merchandise intended to be sold there, for the pur pose of selling it at retail. See Forestalling the market. Abbuttais. See Abuttals. ABC test. Unemployment compensation law exclusion tests providing that employer is not covered if individu als he employs are free from his control, the services are performed outside employer's places of business, and employees are customarily engaged in independently established trades or professions are known as the "ABC tests". Employment Sec. Commission v. Wilson, Alaska, 461 P.2d 425, 427. See Independent contractor. ABC transaction. In mining and oil drilling operations, a transfer by which A, the owner, conveys the working interest to B, the operator and developer for cash consid eration, reserving a production payment usually larger than the cash consideration paid by B. Later, A sells the reserved production payment to C for cash. The tax advantages of this type of transaction were eliminated by the Tax Reform Act of 1969. Abdication lrebdakeyshan/. Renunciation of the privi leges and prerogatives of an office. The act of a sover eign in renouncing and relinquishing his government or throne, so that either the throne is left entirely vacant, or is filled by a successor appointed or elected before hand. Also, where a magistrate or person in office voluntarily renounces or gives it up before the time of service has expired. It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands, as an inferior into the hands of a superior; abdication is the relinquishment of an office which has devolved by act of law. It is said to be a renunciation, quitting, and relinquishing, so as to have nothing further to do with a thing, or the
