ABSQUE TALI CAUSA. This phrase is used in a traverse de injuria, by which the plaintiff affirms that without the cause in his plea alleged1 he did commit the said trespasses2, c. Gould on PI. c. 7, part 2, 9.
ABSTENTION, French law. This is the tacit renunciation by an heir of a succession Merl. Rep. h.t.
ABSTRACT OF TITLE. A brief account of all the deeds upon which the title to an estate rests. See Brief of Title.
ABUSE. Every thing which is contrary to good order established by usage. Merl. Rep. h. t. Among the civilians3, abuse has another signification; which is the destruction of the substance of a thing in using it. For example, the borrower of wine or grain, abuses the article lent by using it, because he cannot enjoy it without consuming it. Leg ; El. Dr. Rom. 414. 416.
ABUTTALS. The buttings and boundings of land, showing on what other lands, rivers, highways, or other places it does abut4. More properly, it is said, the sides of land, are adjoining and the ends abutting5 to the thing contiguous. Vide Boundaries, and Cro. Jac. 184.
AC ETIAM, Eng. law. In order to give jurisdiction6 to a court, a cause of action over which the court has jurisdiction is alleged, and also,, another cause of action over which, without being joined with the first, the court would have no jurisdiction; for example, to the usual complaint of breaking the plaintiff's close, over which the court has jurisdiction, a clause is added containing the real cause of action. This juridical contrivance grew out of the Statute7 13 Charles H. Stat. 2, c. 2. The clause was added by Lord North, Ch. J. of the C. P. to the clausum fregit writs8 of that court upon which writs of capias might issue. He balanced awhile whether he should not use the words nec non instead of ac etiam. The matter is fully10 explained in Burgess on Insolvency11, 149. 155. 156. 157.
ACCEDAS AD CURIAM, Eng. law. That you go to court. An original writ9, issuing out of chancery, now of coarse, returnable in K. B. or C. P. for the removaI of a replevin sued by plaint in court of any lord, other than the county before the sheriff See F. N. B. 18; Dyer, 169.
