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abatement
a·bate·ment A0007200 (ə-bāt′mənt)n.1. Reduction in amount, degree, or intensity; diminution.2. The amount lowered; a reduction.3. Law The act of reducing something, such as a tax, for some period of time or of eliminating something, such as a nuisance, permanently.abatement (əˈbeɪtmənt) n1. diminution or alleviation; decrease2. suppression or termination: the abatement of a nuisance. 3. the amount by which something is reduced, such as the cost of an article4. (Law) property law a decrease in the payment to creditors or legatees when the assets of the debtor or estate are insufficient to meet all payments in full5. (Law) property law (formerly) a wrongful entry on land by a stranger who takes possession after the death of the owner and before the heir has entered into possessiona•bate•ment (əˈbeɪt mənt)
n. 1. reduction or alleviation; decrease. 2. suppression or termination: noise abatement. 3. an amount deducted, as from the full price or tax. [1300–50; Middle English < Middle French] Thesaurus| Noun | 1. |  abatement - an interruption in the intensity or amount of somethinghiatus, reprieve, respite, suspensionbreak, interruption - some abrupt occurrence that interrupts an ongoing activity; "the telephone is an annoying interruption"; "there was a break in the action when a player was hurt"defervescence - abatement of a fever as indicated by a reduction in body temperatureremission, subsidence, remittal - an abatement in intensity or degree (as in the manifestations of a disease); "his cancer is in remission" | | 2. |  abatement - the act of abating; "laws enforcing noise abatement"mitigation, moderation - the action of lessening in severity or intensity; "the object being control or moderation of economic depressions"abatement of a nuisance, nuisance abatement - (law) the removal or termination or destruction of something that has been found to be a nuisance |
abatementnoun1. decrease, slowing, decline, easing, sinking, fading, weakening, relaxation, dwindling, lessening, waning, subsiding, ebbing, cessation, let-up, slackening, diminution, tapering off, attenuation Demand for the product shows no sign of abatement.2. reduction, slowing, relief, easing, weakening, dulling, decrease, lessening, cutback, quelling, moderation, remission, slackening, mitigation, diminution, curtailment, alleviation, attenuation, extenuation noise abatementabatementnoun1. The act or process of decreasing:curtailment, cut, cutback, decrease, decrement, diminishment, diminution, drain, reduction, slash, slowdown, taper.2. The act or process of becoming less active or intense:ebb, letup, remission, slackening, subsidence, wane.3. An amount deducted:deduction, discount, rebate, reduction.Translationsabate (əˈbeit) verb to become less. The storm abated. 減輕，消退 减少，减轻 aˈbatement noun 減輕，消退 减少，减轻 Abatement
abatement[ə′bāt·mənt] (engineering) The waste produced in cutting a timber, stone, or metal piece to a desired size and shape. A decrease in the amount of a substance or other quantity, such as atmospheric pollution. AbatementThe removal or reduction of a health risk to an acceptable level from an identified hazardous material, such as those containing lead or asbestos. It includes demolition and removal and protection of the surrounding environment.abatementThe wastage of wood when lumber is sawed or planed to size.abatement
abatement [ah-bāt´ment] decrease in severity of a pain, symptom, or disorder.a·bate·ment (ă-bāt'ment), 1. A diminution or easing. 2. Reduction, ultimately elimination, of public-health nuisances such as smoke or loud noise. [abate, fr. M.E. abaten, fr. O.Fr. abattre, to beat down, fr. L. L. batto, to beat, + -ment] Abatement Any set of measures designed to reduce a hazard in the environment—e.g., to permanently eliminate lead-based paint hazards in accordance with established federal standards. Abatement can include removal, replacement, encapsulation, and all associated preparation, cleanup, and disposal activities.a·bate·ment (ă-bāt'ment) 1. A diminution or easing. 2. Reduction, ultimately elimination, of public-health nuisances such as smoke or loud noise. [abate, fr. M.E. abaten, fr. O.Fr. abattre, to beat down, fr. L. L. batto, to beat, + -ment]abatement
Related to abatement: asbestos abatement, Tax abatement, Abatement CostAbatementA reduction, a decrease, or a diminution. The suspension or cessation, in whole or in part, of a continuing charge, such as rent. With respect to estates, an abatement is a proportional diminution or reduction of the monetary legacies, a disposition of property by will, when the funds or assets out of which such legacies are payable are insufficient to pay them in full. The intention of the testator, when expressed in the will, governs the order in which property will abate. Where the will is silent, abatement occurs in the following order: intestate property, gifts that pass by the residuary clause in the will, general legacies, and specific legacies. In the context of taxation, an abatement is a 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 levy of the tax has been accomplished. Cross-references Taxation; Will. abatementn. 1) the removal of a problem which is against public or private policy, or endangers others, including nuisances such as weeds that might catch fire on an otherwise empty lot; 2) an equal reduction of recovery of debts by all creditors when there are not enough funds or assets to pay the full amount; 3) an equal reduction of benefits to beneficiaries (heirs) when an estate is not large enough to pay each beneficiary in full. (See: abate) abatement interruption of legal proceedings on a plea from the defendant to a matter that prevented the plaintiff from proceeding at that time or in that form (e.g. objections to the mode and time of the plaintiff's claim). Civil proceedings are not abated by reasons of the marriage, death or bankruptcy of a party if the cause of action survives or continues. Criminal proceedings are not abated by the death of the prosecutor (or the sovereign) but they are by the death of the accused or, if the accused is a COMPANY, by the winding-up of the company. A NUISANCE is abated when it is stopped. By statute, abatement notices may be served in respect of certain nuisances by local authorities. In both the English and the Scots law of SUCCESSION, upon there being insufficient funds to pay general legacies, e.g. a legacy of a sum of money, there is abatement of legacies, that is, the legacies are reduced PARI PASSU (‘in proportion’). ABATEMENT, chancery practice, is a suspension of all proceedings in a suit,from the want of proper parties capable of proceeding therein. It differsfrom an abatement at law in this, that in the latter the action is ingeneral entirely dead, and cannot be revived, 3 Bl. Com. 168 but in theformer, the right to proceed is merely suspended, and may be revived by abill of revivor. Mitf. Eq. Pl. by Jeremy, 57; Story, Eq. Pl. Sec. 354. ABATEMENT, contracts, is a reduction made by the creditor, for the promptpayment of a debt due by the payor or debtor. Wesk. on Ins. 7. ABATEMENT, merc. law. By this term is understood the deduction sometimesmade at the custom-house from the duties chargeable upon goods when they aredamaged See Act of Congress, March 2, 1799, s. 52, 1 Story L.U.S. 617. ABATEMENT, pleading, is the overthrow of an action in consequence of someerror committed in bringing or conducting it when the plaintiff is notforever barred from bringing another action. 1 Chit. Pl. 434. Abatement isby plea. There can be no demurrer in abatement. Willes' Rep. 479; Salk.220.
2. Pleas in abatement will be considered as relating, 1, to thejurisdiction of the court; 2, to the person of the plaintiff; 3, to that ofthe defendant; 4, to the writ; 5, to the qualities of such pleas ; 6, to theform of such pleas; 7, to the affidavit of the truth of pleas in abatement.
3.-1. As to pleas relating to the jurisdiction of the court, seearticle Jurisdiction, and Arch. Civ. Pl. 290; 1 Chit. Pl. Index. tit,Jurisdiction. There is only one case in which the jurisdiction of the courtmay be inquired of under the general issue, and that is where no court ofthe country has jurisdiction of the cause, for in that case no action can bemaintained by the law of the land. 3 Mass. Rep. Rea v. Hayden, 1 Dougl. 450;3 Johns. Rep. 113; 2 Penn. Law Journal 64, Meredith v. Pierie.
4.-2. Relating to the person of the plaintiff. (1.) The defendant mayplead to the person of the plaintiff that there never was any such person inrerum natura. Bro. Brief, 25 ; 19 Johns. 308 Com. Dig. Abatement, E 16. Andif one of several plaintiffs be a fictitious person, it abates the writ.Com. Dig. Abatement, E 16; 1 Chit. Pl. 435; Arch. Civ. Pl. 304. But anominal plaintiff in ejectment may sustain an action. 5 Verm. 93; 19 John.308. As to the rule in Pennsylvania, see 5 Watts, 423.
5.-(2.) The defendant may plead that the plaintiff is a feme covert.Co. Lit. 132, b.; or that she is his own wife. 1 Brown. Ent. 63; and see 3T. R. 631; 6 T. R. 265; Com. Dig. Abatement, E 6; 1 Chit. Pl. 437; Arch.Civ. Pl. 302. Coverture occurring after suit brought is a plea in abatementwhich cannot be pleaded after a plea in bar, unless the matter arose afterthe plea in bar; but in that case the defendant must not suffer acontinuance to intervene between the happening of this new matter, or itscoming to his knowledge, and pleading it. 4 S & R. 238; Bac. Abr. Abatement,G; 4 Mass. 659; 4 S. & R. 238; 1 Bailey, 369; 4 Vern. 545; 2 Wheat. 111; 14Mass. 295 ; 1 Blackf. 288; 2 Bailey, 349. See 10 S. & R. 208; 7 Verm. 508; 1Yeates, 185; 2 Dall. 184; 3 Bibb, 246.
6.-(3.) That the plaintiff (unless he sue with others as executor) isan infant and has declared by attorney. 1 Chit. Pl. 436; Arch. Civ. Pi. 301;Arch. Pr. B. R. 142 ; 2 Saund. 212, a, n. 5; 1 Went. 58, 62; 7 John. R. 373;3 N. H. Rep. 345; 8 Pick. 552; and see 7 Mass. 241; 4 Halst. 381 2 N. H.Rep. 487.
7.-(4.) A suit brought by a lunatic under guardianship, shall abate.Brayt. 18.
8.-(5.) Death of plaintiff before the purchase of the original writ,may be pleaded in abatement. 1 Arch. Civ. Pl. 304, 5; Com. Dig. Abatement, E17. Death of plaintiff pending the writ might have been pleaded since thelast continuance, Com. Dig. Abatement, H 32; 4 Hen. & Munf. 410; 3 Mass. 296; Cam. & Nor. 72; 4 Hawks, 433; 2 Root, 57; 9 Mass. 422; 4 H. & M. 410;Gilmer, 145; 2 Rand. 454; 2 Greenl. 127. But in some states, as inPennsylvania, the, death of the plaintiff does not abate the writ; in suchcase the executor or administrator is substituted. The rule of the commonlaw is, that whenever the death of any party happens, pending the writ, andyet the plea is in the same condition, as if such party were living, thensuch death makes no alteration; and on this rule all the diversities turn.Gilb. Com. Pleas 242.
9.-(6.) Alienage, or that the plaintiff is an alien enemy. Bac. Abr.h.t.; 6 Binn. 241 ; 10 Johns. 183; 9 Mass. 363 ; Id. 377 ; 11 Mass. 119 ; 12Mass. 8 ; 3 31. & S. 533; 2 John. Ch. R. 508; 15 East, 260; Com. Dig.Abatement, E 4; Id. Alien, C 5; 1 S. & R. 310; 1 Ch. Pl. 435; Arch. Civ. Pl.3, 301.
10.-(7.) Misnomer of plaintiff may also be pleaded in abatement. Arch.Civ. Pi. 305; 1 Chitty's Pleading, Index, tit. Misnomer. Com. Dig.Abatement, E 19, E 20, E 21, E 22; l Mass. 75; Bac. Abr. h.t.
11.-(8.) If one of several joint tenants, sue in action ex contractu,Co. Lit. 180, b; Bac. Abr. Joint-tenants, K; 1 B. & P. 73; one of severaljoint contractors, Arch. Civ. Pl. 48-51, 53 ; one of several partners, Gowon Part. 150; one of several joint executors who have proved the will, oreven if they have not proved the will, 1 Chit. Pl. 12, 13; one of severaljoint administrators, Ibid. 13; the defendant may plead the non-joinder inabatement. Arch. Civ. Pl. 304; see Com. Dig. Abatement, E 9, E 12, E 13, E14.
12.-(9.) If persons join as plaintiffs in an action who should not,the defendant may plead the misjoinder in abatement. Arch. Civ. Pl. 304;Com. Dig. Abatement, E 15.
13.-(10.) When the plaintiff is an alleged corporation, and it isintended to contest its existence, the defendant must plead in abatement.Wright, 12; 3 Pick. 236; 1 Mass 485; 1 Pet. 450; 4 Pet. 501; 5 Pet. 231. Toa suit brought in the name of the "judges of the county court," after suchcourt has been abolished, the defendant may plead in abatement that thereare no such judges. Judges, &c. v. Phillips; 2 Bay, 519.
14.-3. Relating to the person of the defendant. (1.) In an actionagainst two or more, one may plead in abatement that there never was such aperson in rerum natura as A, who is named as defendant with him. Arch. Civ.Pl. 312.
15.-(2.) If the defendant be a married woman, she may in general pleadher coverture in abatement, 8 T. R. 545 ; Com. Dig. Abatement, F 2. Theexceptions to this rule arise when the coverture is suspended. Com. Dig.Abatement, F 2, Sec. 3; Co. Lit. 132, b; 2 Bl. R. 1197; Co. B. L. 43.
16.-(3.) The death of the defendant abates the writ at common law, andin some cases it does still abate the action, see Com. Dig. Abatement, H 34;1 Hayw. 500; 2 Binn. l.; 1 Gilm. 145; 1 Const. Rep. 83; 4 McCord, 160; 7Wheat. 530; 1 Watts, 229; 4 Mass. 480; 8 Greenl. 128; In general where thecause of action dies with the person, the suit abates by the death of thedefendant before judgment. Vide Actio Personalis moritur cum persona.
17.-(4.) The misnomer of the defendant may be pleaded in abatement,but one defendant cannot plead the misnomer of another. Com. Dig. Abatement,F 18; Lutw. 36; 1 Chit. Pl. 440; Arch. Civ. Pl. 312. See form of a plea inabatement for a misnomer of the defendant in 3 Saund. 209, b., and seefurther, 1 Show. 394; Carth. 307 ; Comb. 188 ; 1 Lutw. 10 ; 5 T. R. 487.
18.-(5.) When one joint tenant, Com. Dig. Abatement, F 5, or onetenant in common, in cases, where they ought to be joined, Ibid. F 6, issued alone - he may plead in abatement. And in actions upon contracts ifthe plaintiff do not sue all the contractors, the defendant may plead thenon-joinder in abatement. Ibid. F 8, a; 1 Wash. 9; 18 Johns. 459; 2 Johns.Cas. 382 ; 3 Caines's Rep. 99 ; Arch.. Civ. Pl. 309; 1 Chit. Pl. 441. Whenhusband and wife should be sued jointly, and one is sued alone, the non-joinder may be pleaded in abatement. Arch. Civ. Pl. 309. The non-joinder ofall the executors, who have proved the will; and the non-joinder of all theadministrators of the deceased, may be pleaded in abatement. Com. Dig.Abatement, F 10.
19.-(6.) In a real action if brought against several persons, they mayplead several tenancy, that is, that they hold in severalty and not jointly,Com. Dig. Abatement, F 12; or one of them may take the entire tenancy onhimself, and pray judgment of the writ. Id. F 13. But mis-joinder ofdefendant in a personal action is not the subject of a plea in abatement.Arch. Civ. Pl. 68, 310.
20.-(7.) In cases where the defendant may plead non-tenure, see Arch.Civ. Pl. 310; Cro. El. 559.
21.-(8.) Where he may plead a disclaimer, see Arch. Civ. Pl. 311; Com.Dig. Abatement, F 15.
22.-(9.) A defendant may plead his privilege of not being sued, inabatement. Bac. Ab. Abridgment C ; see this Dict. tit. Privilege.
23.-4. Plea in, abatement of the writ. (1.) Pleas in abatement of thewrit or a bill are so termed rather from their effect, than from their beingstrictly such pleas, for as oyer of the writ can no longer be craved, noobjection can be taken to matter which is merely contained in the writ, 3 B.& P. 399; 1 B. & P. 645-648; but if a mistake in the writ be carried intothe declaration, or rather if the declaration, which is resumed tocorrespond with the writ or till, be incorrect in respect of some extrinsicmatter, it is then open to the defendant to plead in abatement to the writor bill, 1 B. & P. 648; 10 Mod. 210; and there is no plea to the declarationalone but in bar; 10 Mod. 210 ; 2 Saund. 209, d.
24.-(2.) Pleas in abatement of the writ or bill and to the form or tothe action. Com. Dig. Abatement, H. 1, 17.
25.-(3.) Those of the first description were formerly either matterapparent on the face of the ;Writ, Com. Dig. Abatement, H l, or mattersdehors. Id. H 17.
26.-(4.) Formerly very trifling errors were pleadable in abatement, 1Lutw. 25; Lilly's Ent. 6 ; 2 Rich. C. P. 5, 8 ; 1 Stra. 556; Ld. Raym. 1541;2 Inst. 668; 2 B. & P. 395. But as oyer of the writ can no longer be had,an omission in the defendant's declaration of the defendant's addition,which is not necessary to be stated in a declaration, can in no case bepleaded in abatement. 1 Saund. 318, n. 3; 3 B. & B. 395; 7 East, 882.
27.-(5.) Pleas in abatement to the form of the writ, are therefore nowprincipally for matters dehors, Com. Dig. Abatement,H 17; Glib. C.P., 51,existing at the time of suing out the writ, or arising afterwards, such asmisnomer of the plaintiff or defendant in Christian or surname.
28.-(6.) Pleas in abatement to the action of the writ, and that theaction is misconceived, as that it is in case where it ought to have, beenin trespass, Com. Dig. Abatement, G 5 ; or that it was prematurely brought,Ibid. Abatement, G 6, and tit. Action E ; but as these matters are groundsof demurrer or nonsuit, it is now very unusual to plead them in abatement.It may also be pleaded that there is another action pending. See tit. Autreaction pendant. Com. Dig. Abatement, H. 24; Bac. Ab. Abatement, M; 1Chitty's Pi. 443.
29.-6. Qualities of pleas in abatement. (1.) A writ is divisible, andmay be abated in part, and remain good for the residue; and the defendantmay plead in abatement to part, and demur or plead in bar to the residue ofthe declaration. 1 Chit. Pl. 444; 2 Saund. 210, n. The general rule is,that whatever proves the writ false at the time of suing it out, shall abatethe writ entirely Gilb. C. P. 247 1 Saund. Rep. 286, (n) 7; 2 do. 72, (i)sub fin.
30.-(2.) As these pleas delay the trial of the merits of the action,the greatest accuracy and precision are required in framing them; theyshould be certain to every intent, and be pleaded without any repugnancy. 3T. R. 186; Willes, 42 ; 2 Bl. R. 1096 2 Saund. 298, b, n. 1 ; Com. Dig. 1,11 Co. Lit. 392; Cro. Jac. 82; and must in general give the plaintiff abetter writ. This is the true criterion to distinguish a plea in abatementfrom a plea in bar. 8 T. IR. 615; Bromal. 139; 1 Saund. 274, n. 4 ; 284 n.4; 2 B. & P. 125 ; 4 T. R. 227 ; 6 East) 600 ; Com. Dig. Abatement, J 1, 2;1 Day, 28; 3 Mass. 24; 2 Mass. 362; 1 Hayw. 501; 2 Ld. Raym. 1178; 1 East,634. Great accuracy is also necessary in the form of the plea as to thecommencement and conclusion, which is said to make the plea. Latch. 178 ; 2Saund. 209, c. d; 3 T. R. 186.
31.-6. Form of pleas in abatement. (1.) As to the form of pleas inabatement, see 1 Chit. Pl. 447; Com. Dig. Abatement, 1 19; 2 Saund. 1, n. 2.
32.-7. Of the affidavit of truth. (1.) All pleas in abatement must besworn to be true, 4 Ann. c. 16, s. 11. The affidavit may be made by thedefendant or a third person, Barnes, 344, and must be positive as to thetruth of every fact contained in the plea, and should leave nothing to becollected by inference; Sayer's Rep. 293; it should be stated that the pleais true in substance and fact, and not merely that the plea is a true plea.3 Str. 705, Litt. Ent. 1; 2 Chitt. Pl. 412, 417; 1 Browne's Rep. 77 ; see. 2Dall. 184; 1 Yeates, 185.
See further on the subject of abatement of actions, Vin. Ab. tit.Abatement; Bac. Abr. tit. Abatement; Nelson's Abr. tit. Abatement; AmericanDig. tit. Abatement; Story's Pl. 1 to 70; 1 Chit. Pl. 425 to 458; Whart.Dig. tit. Pleading, F. (b.) Penna. Pract. Index, h.t.; Tidd's Pr. Index,h.t.; Arch. Civ. Pl. Index, h.t.; Arch. Pract. Index, h.t. Death; Partiesto actions; Plaintiff; Puis darrein continuance. abatement
AbatementA decrease in the amount one owes in taxes. Abatement may come from a tax cut, a rebate, or a reduction in penalties or interest one owes on previous taxes.abatementA reduction or decrease.Local governments sometimes offer tax abatements to new businesses in order to attract them to the area.Commercial leases usually have clauses denying rent abatement if the leased property is partially destroyed and then rebuilt and made usable again.abatement
Related to abatement: asbestos abatement, Tax abatement, Abatement CostSynonyms for abatementnoun decreaseSynonyms- decrease
- slowing
- decline
- easing
- sinking
- fading
- weakening
- relaxation
- dwindling
- lessening
- waning
- subsiding
- ebbing
- cessation
- let-up
- slackening
- diminution
- tapering off
- attenuation
noun reductionSynonyms- reduction
- slowing
- relief
- easing
- weakening
- dulling
- decrease
- lessening
- cutback
- quelling
- moderation
- remission
- slackening
- mitigation
- diminution
- curtailment
- alleviation
- attenuation
- extenuation
Synonyms for abatementnoun the act or process of decreasingSynonyms- curtailment
- cut
- cutback
- decrease
- decrement
- diminishment
- diminution
- drain
- reduction
- slash
- slowdown
- taper
noun the act or process of becoming less active or intenseSynonyms- ebb
- letup
- remission
- slackening
- subsidence
- wane
noun an amount deductedSynonyms- deduction
- discount
- rebate
- reduction
Synonyms for abatementnoun an interruption in the intensity or amount of somethingSynonyms- hiatus
- reprieve
- respite
- suspension
Related Words- break
- interruption
- defervescence
- remission
- subsidence
- remittal
noun the act of abatingRelated Words- mitigation
- moderation
- abatement of a nuisance
- nuisance abatement
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