KFLCC Kingdom Law 2nd Ed.

ABUSE.

12

ACCEPTANCE

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. Lauzon v. Charroux, 18 R. I. 467, '28 Atl. 975; Mayer v. Walter, 64 Pa. 283; Rartlett v. Christhilf, 69 Md. 219, 14 Atl. 518; King v. Johnston, 81 Wis. 578, 51 N. W. 1011; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807. ABUT. To reach, to touch. In old law, the ends were said to abut, the sides to ad join. Cro. Jac. 184. And see Lawrence v. Killam, 11 Kan. 499, 511; Springfield v. Green, 120 111. 269, 11 N. E. 261. Property is described as "abutting" on a street, road, etc, when it adjoins or is adja cent thereto, either in the sense of actually touching it or being practically contiguous to it, being separated by no more than a small and inconsiderable distance, but not when an other lot, a street, or any other such distance intervenes. Richards v. Cincinnati, 31 Ohio St. 506; Springfield v. Green, 120 111. 269, 11 N. E. 261; Cohten v. Cleveland, 43 Ohio St. 190, 1 N. E. 589; Holt v. Somerville, 127 Mass. 408; Cincinnati v. Batsche, 52 Ohio St. 324, 40 N. B. 21, 27 L. R. A. 536; Code Iowa 1897, § 968. ABUTMENTS. The ends of a bridge, or those parts of it which touch the land. Sus sex County v. Strader, 18 N. J. Law, 108, 35 Am. Dec. 530. ABUTTALS. (From abut, q. v.) Com monly defined "the buttings and boundings of lands, east, west, north, and south, showing on what other lands, highways, or places they abut, or are limited and bounded." Co well; Toml. AC ETTAM. (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 ac tion to give the court jurisdiction, and also the real cause, in compliance with the stat utes. AC SI. (Lat. As if.) Townsh. PI. 23, 27. These words frequently occur in old Eng lish statutes. Lord Bacon expounds their meaning in the statute of uses: "The statute gives entry, not simpliciter, but with an ac 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. Academy of Fine Arts v. Phila delphia County, 22 Pa. 496; Commonwealth r. Banks, 198 Pa. 397, 48 Atl. 277; Blackwell v. State, 36 Ark. 178. ACAFTE. 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 ot the time for the vesting in possession of an expectant interest ACCEPT. To receive with approval or satisfaction; to receive with intent to retain. Also, in the capacity of drawee of a bill, to recognize the draft, and engage to pay it when due. ACCEPTANCE. The taking and receiv ing of anything in good part and as it were a tacit agreement to a preceding act which might have been defeated or avoided if such acceptance had not been made. Brooke, Abr. The act of a person to whom a thing is of fered or tendered by another, whereby he re ceives the thing with the intention of retain ing it, such intention being evidenced by a sufficient act The acceptance of goods sold under a con tract which would be void by the statute of frauds without delivery and acceptance in volves something more than the act of the vendor in the delivery. It requires that the vendee should also act and that his act should be of such a nature as to indicate that he receives and accepts the goods deliv ered as his property. He must receive and retain the articles delivered, intending there by to assume the title to them, to constitute the acceptance mentioned in the statute. Rodgers v. Phillips, 40 N. Y. 524. See, also, Snow v. Warner, 10 Mete. (Mass.) 132, 43 Am. Dec. 417. In marine insurance, the acceptance of an abandonment by the underwriter is his assent either express or to be implied from the surrounding circumstances, to the suffi ciency and regularity of the abandonment Its effect is to perfect the insured's right of action as for a total loss, if the cause of loss and circumstances have been truly disclosed. Rap. & Law. Acceptance of a bill of exchange. In mercantile law. The act by which the per-