ABSTRACT, n. An abstract is a less quantity containing the virtue and force of a greater quantity. A transcript is generally defined a copy, and is more comprehensive than an abstract. Harrison v. Mfg. Co., 10 S. C. 278, 283; Hess v. Draffen, 99 Mo. App. 580. 74 S. W. 440: Dickinson v. Chesapeake & 0. R. Co., 7 W. Va. 390. 413; Wilhite v. Burr. 67 M0. 284.
ABSTRACT, v. To take or withdraw from.
Under the National Bank Act, "abstraction" is the act of one viho, being an officer of a national banking association, wrongfully lakes or withdraws from it any of its moneys, funds, or credits, with intent to injure or defraud it or some other person or company, and, without its knowledge or consent or that of its board of directors, converts them to the use of himself or of some person or company other than. the bank. It is not the same as embezzlement. larceny, or misapplication of funds. United States v. Harper (0. C.) 33 Fed. 471: United States v. Northwny, 120 U. S. 327. 7 Sup. Ct. 580, 30 L. Ed. 664; United States v. Youtsey. (C. C.) 91 Fed. 864: United Statcs v. Taintor, 29 Fed. Cas. 7; United States v. Breese (D. C.) 131 Fed. 915.
ABSTRACT OF A FINE. In old conveyancing. One of the parts of a fine, being an abstract of the writ of covenant, and the concord, naming the parties, the parcels of Lind, and the agreement. 2 BL Comm. 351; Shep. Touch. 3. More commonly called the "note" of the line. See Fine; Concord.
ABSTRACT OF TITLE. A condensed history of the title to land. consisting of a synopsis or summary of the material or operative portion of all the conveyances, of whatever kind or nature, which in any manner affect said land, or any estate or interest therein, together with a statement of all liens, charges, or liabilities to which the same may be subject, and of which it is in any way material for purchasers to be apprised. Warv. Abst. § 2. Stevenson v. Pollk. 71 Iowa, 278, 32 N. W. 340: Union Safe Deposit Co. v. Chisholm, 33 Ill. App. 647; Banker v. Caldwell, 3 Minn.94 (Gii. 46); Heinsen v. Lamb, 117 Ill. 549. 7 N. E. 75; Smith v. Taylor. 82 Cal. 533, 23 Pac. 217.
An abstract is a condensation, epitome, or synopsis, and therein differs from a copy or a transcript. Dickinson v. Chesapeake & O. R. Co., 7 W. Va. 300, 413.
Abnndans cnntela non nocet. Extreme caution does no harm. 11 Coke, 6b. This principle is generally applied to the construction of instruments in which superfluous words have been inserted more clearly to express the intention.
ABSURDITY. In statutory construction, an "absurdity" is not only that which is physically impossible, but also that which is morally so; and that is to be regarded as morally impossible which is contrary to reason, so that it could not he imputed to a man in his right senses. State v. Hayes, 81 Mo. 574, 585. Anything which is so irrational, unnatural, or inconvenient that it cannot be supposed to have been within the intention or men of ordinary intelligence and discretion. Black, Interp. Laws, 104.
ABUSE. v. To make excessive or improper 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 excessive 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 contrary to good order established by usage. Merl. Repert. Departure from use; immodeiate or improper use.
Of corporate franchises. 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; the use of rights or franchises as a pretext for wrongs and injuries to the public. Baltimore v. Pittsburgh. etc. R. Co., 3 Pittsb. R (Pa.) 20. Fed. Cas. No. 827: Erie & N. E. R. Co. V. Casey. 26 Pa. 287, 318: Railroad Comission v. Houston. etc., R. Co.. 90 Tex. 1140. 38 S. W. 750: People v. Atlantic Ave. R. Co., 125 N. Y. 513. 20 N. E. 622.
Of judicial discretion. This term com- monly employed to justify an interference by a higher court with the exercise of discretionary power by a lower court. implies not merely error of judgment, but perversity of "ill, 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. People v. New York Cent. R. 29 N. Y. 418. 431; Stroup v. Raymond, 183 Pa. 279, 38 Atl. 626, 63 Am. St. Rep. 758 : Day v. Donohue, 62 N. J. Law. 380, 41 Atl. 934; Citizens’ St. R. Co. v. Heath, 29 Ind. App. 305. 62 N. E. 107. Where a court does not exercise a discretion in the sense of being discreet, circumspect prudent, and exercising cautious judgment, it is an abuse of discretion Murray v. Email, 74 Wis. 14, 41 N. W. 1010, Sharon v. Sharon, 75 Cal. 1, 16 Pac. 345.
Of a female child. An injury to the general organs in an attempt at carnal knowledge. failing short of actual penetration. Dim kins v. State, 58 Ala. 376, 29 Am. Rep. 754. But, according to other authorities, "abuse" is here equivalent to ravishment or rape. Palin v. State, 38 Neb. 862 57 N. W. 743; Commonwealth v. Roosnell. 143 Mass. 32. S N. E. 747; Chambers v. State, 46 Neb. 447, 64 N. W. 1078.
Of distress. The using an animal or chattel distrained, which makes the distrainer liable as for a conversion.
Of process. There is said to be an abuse of process when an adversary, through the
