Abdication in United States

Abdication Definition

A renunciation; a putting away; a renunciation of the sovereignty by an incumbent thereof. James II. of England, Charles V. of Germany, and Christiana, Queen of Sweden, are said to have abdicated. When James II. of England left the the kingdom, the commons voted that he had abdicated the government, and that thereby the throne had become vacant. The house of lords preferred the word “deserted,” but the commons thought it not comprehensive enough, for then the king might have the liberty of returning. Also applied to the renunciation or surrender of any office, and in this sense it has been distinguished from “resignation,” the latter being the giving up of an office to the appointing power from whom it was received, or who has the power to fill the vacancy, while abdication is the renunciation of an office which was conferred by act of law. See, however, 26 Barb. (N. Y.) 487. In England. By St. 3 Hen. VII c. 2, the taking of any woman having property, or being heir apparent thereto, to be married or defiled. Under a later statute (24 & 25 Vict, c. 100), the taking of any woman, having certain property or expectancies, to be married or defiled ; the taking of such a woman, being under the age of twenty-one years, out of the possession of the person having lawful charge of her; the taking of any woman of any age by force, with intent to cause her to be married or defiled; the taking of any unmarried girl, under the age of sixteen years, out of possession of the person having lawful possession of her; or the taking of any child, under the age of fourteen years, with intent to deprive its lawful guardian of its custody. In the United States. In most, if not all, of the United States, the crime is regulated by statute; but allowing for statutory variations, the elements may be stated as: (1) The taking, which must be by some affirmative act of force or persuasion. 6 Park. Cr. R. 129, 86 N. Y. 369. (2) From the custody of a parent or guardian; but a mere enticing for the forbidden purpose to a place near her home, to which she is shortly permitted to return, is sufficient. 90 III. 274. In some states this is not essential. (3) For the purpose of making the female a prostitute or concubine, or of procuring her to be forcibly married or defiled. The purposes inhibited vary with the statutes, some of the above being omitted, and in some states that of fornication being added. The purpose need not be accomplished. 4 N. Y. Cr. R. 306; 5 N. Y. Cr. R. 61. (4) In some states, the female is required to have been of previous chaste character, or to be below a given age. Where these elements actually exist, defendant’s ignorance of them is no defense. 115 Mo. 480.

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A renunciation; a putting away; a renunciation of the sovereignty by an incumbent thereof. James II. of England, Charles V. of Germany, and Christiana, Queen of Sweden, are said to have abdicated. When James II. of England left the the kingdom, the commons voted that he had abdicated the government, and that thereby the throne had become vacant. The house of lords preferred the word “deserted,” but the commons thought it not comprehensive enough, for then the king might have the liberty of returning. Also applied to the renunciation or surrender of any office, and in this sense it has been distinguished from “resignation,” the latter being the giving up of an office to the appointing power from whom it was received, or who has the power to fill the vacancy, while abdication is the renunciation of an office which was conferred by act of law. See, however, 26 Barb. (N. Y.) 487. In England. By St. 3 Hen. VII c. 2, the taking of any woman having property, or being heir apparent thereto, to be married or defiled. Under a later statute (24 & 25 Vict, c. 100), the taking of any woman, having certain property or expectancies, to be married or defiled ; the taking of such a woman, being under the age of twenty-one years, out of the possession of the person having lawful charge of her; the taking of any woman of any age by force, with intent to cause her to be married or defiled; the taking of a
ny unmarried girl, under the age of sixteen years, out of possession of the person having lawful possession of her; or the taking of any child, under the age of fourteen years, with intent to deprive its lawful guardian of its custody. In the United States. In most, if not all, of the United States, the crime is regulated by statute; but allowing for statutory variations, the elements may be stated as: (1) The taking, which must be by some affirmative act of force or persuasion. 6 Park. Cr. R. 129, 86 N. Y. 369. (2) From the custody of a parent or guardian; but a mere enticing for the forbidden purpose to a place near her home, to which she is shortly permitted to return, is sufficient. 90 III. 274. In some states this is not essential. (3) For the purpose of making the female a prostitute or concubine, or of procuring her to be forcibly married or defiled. The purposes inhibited vary with the statutes, some of the above being omitted, and in some states that of fornication being added. The purpose need not be accomplished. 4 N. Y. Cr. R. 306; 5 N. Y. Cr. R. 61. (4) In some states, the female is required to have been of previous chaste character, or to be below a given age. Where these elements actually exist, defendant’s ignorance of them is no defense. 115 Mo. 480.

This definition of Abdication is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.