Blacks Law Dict. 1st ed

ABUNDANS

ACCELERATION

12

Law Diet. 47. An abstract, ordinarily, means a mere brief, and not a copy of that from which it is taken. 7 W. Va. 413. Abundans cautela non nocet. Ex treme caution does no harm. 11 Coke, 6b. This principle is generally applied to the con struction of instruments in which superflu ous words have been inseited more clearly to express the intention. ABUSE, v. To make excessive or im proper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or excess ive use, as to abuse one's authority. In the civil law, the borrower of a chattel which, in its nature, cannot be used without consuming it, such as wine or grain, is said to abuse the thing borrowed if he uses it. ABUSE, n. Everything which is con trary to good order established by usage. Merl. Report. Departure from use; immod erate or improper use. The "abuse or misuse" of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done, or caused to be done, by those appointed to manage the gen eral concerns of the corporation. 3 Pittsb. R. 20; 26 Pa. St. 318. Abuse of judicial discretion, and especially gross and palpable abuse of discretion, which are the terms ordinarily employed to justify an interference with the exercise of discre tionary power, implies not merely error of judgment, but perversity of will, passion, prejudice, partiality, or moral delinquency. The exercise of an honest judgment, however erroneous it may appear to be, is not an abuse of discretion. 29 N. Y. 431. ABUSE OF A FEMALE CHILD. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration. 58 Ala. 376. ABUSE OF DISTRESS. The using an animal or chattel distrained, which makes the distrainer liable as for a conversion. ABUSE OF PROCESS. There is said to be an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent. Wharton. A malicious abuse of legal process is where the party employs it for some unlawful ob ject, not the purpose which it is intended by the law to effect; in other words, a perver sion of it. 64 Pa. St. 285.

ABUT. To reach, to touch. In old law, the ends were said to abut, the sides to ad join. Cro. Jac. 184. ABUTMENTS. The ends of a bridge, or those parts of it which touch the land. ABUTTALS. (From abut, q. y.) Com monly defined "thebuttings and boundingsof lands, east, west, north, and south, showingon what other lands, highways, or places they abut, or are limited and bounded." Cowell; Toml. AC ETIAM. (Lat. And also.) Words used to introduce the statement of the real cause of action, in those cases where it was necessary to allege a fictitious cause of action to give the court jurisdiction, and also thereat cause, in compliance with the statutes. AC SI. (Lat. As if.) Townsh. PI. 23, 27. These words frequently occur in old En glish statutes. Lord Bacon expounds their meaning in the statute of uses: " The statute gives entry, not simpliciter, but with an ae si. " Bac. Read. Uses, Works, iv. 195. ACADEMY. In its original meaning, an association formed for mutual improvement, or for the advancement of science or art; in later use, a species of educational institution, of a grade between the common school and the college. ACAPTE. In French feudal law. A spe cies of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guy enne, being attached to that species of herita ble estates which were granted on the con tract of emphyteusis. Guyot, Inst. Feod. c. 5, § 12. ACCEDAS AD CURIAM. An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat. Brev. 18; 3 Bl. Comm. 34; 1 Tidd, Pr. 38. ACCEDAS AD VICE COMITEM. L. Lat. (You go to the sheriff.) A writ for merly directed to the coroners of a county in England, commanding them to go to the sher iff, where the latter had suppressed and neg lected to return a writ of pone, and to deliver a writ to him requiring him to return it. Reg. Orig. 83. See PONE, ACCELERATION. The shortening of the time for the vesting in possession of an expectant interest.

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