ACCESSARY
is a species of donation, but not subject to. the forms of the latter, and is valid unless in fraud of creditors. Merl. Repert.
Terms beginning with "A" (655 total)
ACCESSARY 14
from arrest, trial, conviction, or punishment,
ACCESSORY CONTRACT
property be movable or immovable; and the right to that which is united to {t by accession, either naturally or artificially. 2 Kent, 360; 2 Bl. Comm. 404.
ACCESSORY OBLIGATION 15
both parties on their own accounts, or in the several qualities they assume. An accessory contract is made for assuring the performance of a prior contract, either by the same parties or by others; such as suretyship, mo...
ACCOMMODATION
v. Segal, 92 Fed. 252, 34 C. C. A. 828; Buckti, etc., Lumber Co. v. Atlantic Lumber Co., 116
ACCOMMODATION INDORSEMENT 16
thing done to oblige, usually spoken of A loan of money or commercial paper; also a friendly agreement or composition of differences, Abbott.
ACCOMMODATION LANDS. TIand
hought by a bullder or speculator, who erects houses thereon, and then leases portions thereof upon an fmproved ground-rent,
ACCOMMODATION PAPER. An ac
commodation bill or note is one to which the accommodating party, be he acceptor, drawer, or indorser, has put his name, without
ACCORD AND SATISFACTION. An
agreement between two, persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the right of action different from, and usually ...
ACCORDANT
fFr..and Eng. Agreeing; concurring. “Baron Parker, accordant.” Hardr. 93; “Holt, C. J.. accordant.” 6 Mod. 299; “Powys, J., accord,” “Powell,
ACCOUNT
‘fracts or some fiduciary relation. Whitwell y. Willard, 1 Metc. (Mass.) 216; Blakeley v.
ACCOUNTABLE RECEIPT. An in
strument acknowledging the receipt of money or personal property, coupled with an obligation to account for or pay or deliver the whole or some part of it to some person.
ACCOUNTANT GENERAL
son, 1 Ga. 275; Gayle v. Johnston, 72 Ala. 254 47 ‘Am. Rep, 409; cCamant v. Batsell, 56
ACCOUNTANT GENERAL, or AC
COMPTANT GENERAL. An officer of the court of chancery, appointed by act of
ACCOUNTING 18
parliament to receive all money lodged in court, and to place the same in the Bank of
ACCUMULATED SURPLUS
heirs or legatees being thus increased by “accretion.” Bmeric v. Alvarado, 64 Cal. 529, 2 Pac. 418; Succession of Hunter, 45
ACCUMULATIONS
this term refers to the fund which the company has in excess of its capital and Ilabilities. Trenton Iron Co. v..Yard, 42 N. J.
ACHAT
Fr. <A purchase or bargain. Cowell. ACHERSET. In old English law. A
ACKNOWLEDGMENT
268; People v. Braman, 80 Mich. 460. But in legal phraseology it is limited to such ac cusations as have taken shape in a prosecution, United States v. Patterson, 150 U. S. 65, 14
ACOCEPTEUR PAR INTERVENTION
In Fretich law.. Acceptor of a bill for honor.
ACOESSARY TO ADULTERY. A
phrase used in the law of divorce, and derived from the criminal law. It implies more than connivance, which is merely knowledge with consent. A conniver abstains from interference; an accessary directly commands, advise...
ACOIDERE
lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to he satisfied out of assets quando acotderint ; c. e., when they shall come to hand.
ACOOUNT, or ACCOUNT RENDER
In practice. “Account,” sometimes called “account render,” was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, receiver, etc.) was bound to render a...
ACQUITTAL
the debt has been satisfled. Reg. Writs, 158; Cowell; Blount. acquitted by the jury but by the judgment of the court. Burgess v. Boetefeur, 7 Man. & G. 481, 504: People v. Lyman, 53 App. Div. 470, 65 N. Y. Supp. 1062. A...
ACT
ACROSS. Under a grant of a right of. way across the plaintiff's lot of land, the grantee has not a right to enter at one place, go partly across, and then come out at another place on the same side of the lot. Comstock v...
Act 80 & 81 Vict
c. 105, power is given for the crown to grant licenses for the formation of councils of concillation and arbitra-
ACTA DIURNA
Lat. In the Roman law. Daily 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.
ACTA PUBLICA
Lat. Things of general knowledge and concern; matters transacted before certain public officers. Calvin.
ACTIO
Lat. In the civil law. An action discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. 825.—Aetio bons...
ACTIO EX CONTRACTU 25
fnto criminalia et civtlia, according as they grow out of crimes or contracts. Bract. fol. 101b.
ACTIO NON ACCREVIT INFRA SEX
ANNOS. The name of the plea of the statute of limitations, when the defendant alleges that the plaintiff's action has not ac crued within six years.
ACTION
mance of the action, introduced in piace of the plea puis darrein continuance; the averment being that the plaintiff ought not further (ulterius) to have or maintain his action. ed to proceedings in a court of law, whil...
ACTION 26
remedy claimed to be given by law, to the party complaining. Haley v. Eureka County
ACTIONARE
L. Lat. (From actfio, an action.) In old records. To bring an action; to prosecute, or sue. Thorn’s Chron.; Whishaw.
ACTIONES LEGIS
ln the Roman law. Legal or lawful action; actions of or at law, (legitime actiones.) Dig. 1, 2, 2, &
ACTON BURNEL, STATUTE OF. In
English law. <A _ statute, otherwise called “Statutum de Mercatoribus,” made at a parliament held at the castle of Acton Burnel in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158-162.
ACTOR
45 L. R. A. 591, 73 Am. St. Rep. 864.—Aec: tionable words. In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute mora] turpitude, or tend to injure a...
ACTQR
(causa publica) he was called “accusator.” The defendant was called “reus,” both in private and public causes; this term, however, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we ...
ACTRIX
Lat. <A fémale actor: a fe
Acts
35, 109.) that is, before the reign of Richard I., although practice any house is an ancient messuage if it was erected before the time of living memory, and its origin cannot be proved to be modern.—Ancient lights. Li...
ACTUS °
act. Astor v. Merritt, 111 U. S. 202, 4 Sup.
Actus Reus
AK-tus RAY-uh
The guilty act; the physical component of a crime. The external manifestation of the criminal intent, as distinguished from the mental element (mens rea).
AD
Lat. At; by; for; near; on account
AD ABUNDANTIOREM CAUTELAM
i. Lat. For more abundant caution. 2
AD ADMITTENDUM CLERICUM
For the admitting of the clerk. A writ in the nature of an execution, commanding. the bishop to admit his clerk, upon the success -of the latter in a quare tmpcdit. ;
AD AUDIENDUM ET TERMINAN
DUM. To hear and determine. St. Westm. 2, cc. 29, 30.
AD CAPTUM VULGI
common understanding.
AD COLLIGENDUM BONA DEFUNC
TI. For collecting the goods of the deceased. See ADMINISTRATION OF ESTATES.
AD COMMUNEM LEGEM
Actus me invito factus non est meus actus. An act done by me, against my will, is not my act. Branch, Princ.
AD COMPARENDUM
obsolete) brought by the reversioners after the death of the life tenant, for the recovery of lands wrongfully alienated by him.