In the common law. A clvll action, ns distinguished from a crimi-nal action. Bracton dlvides personal actions
Category: A
ACTIO
Lat In the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the pro* cecding to enforce a right in a court and the right itself whlch is sought to be enforced
ACTA PUBLIGA
Lat Things of gen-eral knowledge and concern; matters transacted before certain public officers. Calvin
ACTA DIURNA
Lat. In the Roman law. Dally acts; the public registers or journals of the daily proceedings of the senate, assemblies of the people, courts of justice, etc. Supposed to have resembled a modern newspaper. Brande
ACT ON PETITION
A form of sum-mary proceeding formerly ln use ln the high court of admiralty, in England, In whlch the parties stated their respective cases briefly, and supported their statements by affidavit 2 Dod. Adm. 174, 184 ; 1 Hagg. Adm. 1, note
AGROSS
Under a grant of a right of way across the plaintiff’s lot of land, the grantee has not a rlght to enter at oue place, go partly across, and then come out at an-other place on the same side of the lot Corn-stock v. Van Deusen, 5 Plck. (Mass.) 1G3. See Brown v. Meady, 10 […]
ACRE
A quantity of land containing 160 square rods of land, ln whatever shape. Serg. Land Laws Pa. 185; Cro. Eliz. 470, 665; 6 Coke, 67; Poph. 55; Co. Lltt. 5b
ACQUITTED
Released; absolved; purged of an accusation; judicially discbarg-ed from accusation; released from debt, etc. Includes both clvll and criminal prosecutions. Dolloway v. Turrill, 26 wend. (N. Y.) 383, 390
ACQUITTANCE
In contracts. A writ-ten discharge, whereby one ls freed from an obligation to pay money or perform a duty. It differs from a release in not requiring to be under seal
ACQUITTAL
In contracts. A release, absolution, or discharge from an obligation, liability, or engagement
ACQUIT
To release, absolve, or dis-charge one from an obligation or a liability; or to legally certify the lnnocence of one charged with crime. Dolloway v. Turrill, 26 wend. (N. T.) 383, 400
ACQUISITION
The act of becoming the owner of certain property; the act by which one acquires or procures the property in anything. Used also of the thlng ac-quired
ACQUIETANDIS PLEGIIS
A writ of justices, formerly lying for the surety agninst a creditor, who refuses to acquit him after
ACQUIESCENCE
Acquiescence is where a person who knows that he is entitled to im-peach a transaction or enforce a right neg-lects to do so for such a length of time that, under the circumstances of the case, tbe other party may fairly Infer that he has waived or abandoned his. right. Scott v. Jackson, 89 Cal. […]
ACQUETS
In the civil law. Property which has been acquired by purchase^ gift, or otherwise than by succession. Immovable property which has been acquired otherwise than by succession. Merl. Repert
ACQUEST
An estate acquired newly, or by purchase. 1 Reeve, Eng. Law, 56
ACOLYTE
An inferior mlnistrant or servant ln the ceremonies of the church, whose duties are to follow and wait upon the priests and deacons, etc
ACKNOWLEDGMENT
In conveyane-lng. The act by whlch a party who has exe-cuted an instrument of conveyance as grantor goes before a competent officer or court, and declares or acknowledges the same as hls genuine and voluntary act and deed. The certificate of the officer on such Instrument that it has been so acknowledged. Rogers v. Pell, […]
ACHERSET
In old English law. A measure of corn, conjectured to have been the same with our quarter, or eight bushels, Cowell
ACHAT
Fr. A purchase or bargain
ACEQUIA
In Mexican law. A ditch, channel, or canal, through whlch water, diverted from its natural course, is conducted, for use in irrigation or other purposes
ACEPHALI
The levelers in the reign of Hen. I., who acknowledged no head or superior. Leges H. 1; Cowell. Also certain ancient heretics, who appeared about the be-ginnlng of the sixth century, and asserted that there was but one substance in Christ, and one nature, wharton; Gibbon, Rom. Bmp. ch. 47
ACCUSER
The person by whom an ao cusation is made
ACCUSED
The person against whom an accusation ls made
ACCUSE
To bring a formal charge against a person, to the effect that he Is guilty of a crime or punishable offense, be-fore a court or magistrate having jurisdlc-tlon to inquire Into the alleged crime. Peo-ple v. Frey, 112 Mich. 251, 70 N. W. 548; People v. Braman, 30 Mich. 460; Castle v. Houston, 19 Kan. […]
ACCUSATION
A formal charge against a person, to the effect that he is guilty of a punishable offense, laid before a court or magistrate having jurisdiction to inquire Into the alleged crime. See Accuse
ACCUMULATIVE
That which accu-mulates, or is heaped up; additional. Sald of several thlngs heaped together, or of one thing added to another
ACCUMULATED SURPLUS
In stat-utes relative to the taxation of corporations
ACCRUING
Inchoate; ln process of maturing. That which will or may, at a future time, ripen Into a vested right, an available demand, or an existing cause of action. Cochran v. Taylor, 13 ohio St 382
ACCRUER, CLAUSE OF
An express clause, frequently occurring in the case of gifts hy deed or will to persons as tenants in common, providing that upon the death of one or more of the beneficiaries his or their shares shall go to the survivor or sur-vivore. Brown. The share of the decedent to then said to accrue to […]
ACCRUE
To grow to; to be added to; to attach itself to; as a subordinate or acces-sory claim or demand arises out of, and ls joined to, its principal; thus, costs accrue to a judgment, and interest to the principal debt
ACOROCHER
Fr. In French law. To delay; retard; put off. Accrochcr un proems, to stay the proceedings in a suit
AOOROACH
To encroach; to exercise power without due authority
ACORETION
The act of growing to a thing; usually applled to the gradual and Imperceptible accumulation of land by nat-ural causes, as out of the Bea or a river. Accretion of land is of two kinds: By alluvion, i. e., by the washing up of sand or soil, so as to form firm ground; or by […]
AOCRESCERE
In the civil and old English law. To grow to; to pass to, and become united with, as soil to land per al-luvionem. Dig. 41, 1, 30, pr
ACOREDULITARE
L. Lat In old records. To purge an offense hy oath. Blount; whishaw
ACCREDIT
In International law. (1) To receive as an envoy in hls public charac-ter, and give him credit and rank accord-ingly. Burke. (2) To send with credentials as an envoy, webst Dict
ACCOUPLE
To unite; to marry. No
AOCOUNTING
The making up and rendition of an account, either voluntarily or by order of a court Buxton v. Edwards, 134 Mass. 567, 578. May Include payment of the amount due. Pyatt v. Pyatt, 46 N. J. Eq. 285, 18 Atl. 1048
AC-COMPTANT GENERAL
or AC-COMPTANT GENERAL. An officer of the court of chancery, appointed by act of
ACCOUNTABLE RECEIPT
An In
ACOOUNT RENDER
OOUNT RENDER
ACCOUNT
A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of con
ACCOUCHEMENT
The act of a woman in giving birth to a child. The fact of the accouchement, proved by a person who wns present, is often important evidence in prov-ing the parentage of a person
ACCORD AND SATISFACTION
An
ACCOMPLICE
In criminal law. A person who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. Clapp y. State, 94 Tenn. 186, 30 S. W. 214; People v. Bolanger, 71 Cal. 17, 11 Pac. 799; State v. Urnble, 115 Mo. 452. 22 S. AV. 378 ; Car-roll v. […]
ACCOMMODATION PAPER
An ac
ACCOMMODATION LANDS
Land bought by a builder or speculator, who erects houses thereon, and then leases por-tions thereof upon an improved ground-rent
ACCOMMODATION INDORSEMENT
See Indorsement.
ACCOMMODATION
An arrangement or engagement made as a favor to another, not upon a consideration received; sorne