that she acknowledges that she signed the deed freely, without any fear, threat or compulsion of her husband. Similar provisions are to be found in the English statutes. 3 and 4 Will. 4, c. 74, 8 77,79; Wms. Seisin 111 et seq.; Shelf. R. P. Stat. 368 et seq.; Judicature (Officers) Act, 1879; Rules of Court, December, 1879. rest. ACQUIESCENCE.-LATIN: acquiesco, to Acquiescence is where a person who knows that he is entitled to impeach a transaction or enforce a right neglects to do so for such a length of time that under the circumstances of the case the other party may fairly infer that he has waived 2. Acknowledgment of will. — In or abandoned his right. Thus, if A. is inEngland, if a will is not signed in the presence duced by fraud to enter into a contract, of the witnesses, the testator must acknowledge and, having discovered the fact, neglects his signature in their presence. (Wills Act, 9). to take proceedings to have it set aside for It is not necessary that he should say in express words to the witnesses, "That is my signature;" a great number of years, he is said to have it is sufficient if it clearly appears that the sig- acquiesced in, and thus affirmed, the connature was existent in the will when it was pro- tract. Full knowledge of the facts is essenduced to the witnesses, and was seen by them when they did, at the testator's request, subscribe the will. Keigwin v. Keigwin, 3 Curt. 607, cited Shelf. R. P. Stat.; Jarm. Wills. 3. Under statutes of limitations. -By the various statutes of limitations an acknowledgment of the debt, or right to which the statute would otherwise be a bar, is sufficient to prevent the statute from applying. In England, this acknowledgment must be written and signed. (Stat. 3 and 4 Will. 4, c. 27, 88 14, 28, 40, 42; Real Property Limitation Act, 1874; 3 and 4 Will. 4, c. 42, § 5; 9 Geo. IV., c. 14, 1; 19 and 20 Vict., c. 97, 13). This is also required in many of the States, in others, however, a verbal acknowledgment is sufficient to revive the statute. What is an acknowledgment within these statutes is generally a question of construction to be determined by the court in such case. ACKNOWLEDGMENT, (of a deed). 1 Cranch (U.S.) 248; 2 Conn. 527; 39 Ill. 91; 15 Wend. (N. Y.) 546; 1 Watts (Pa.) 328. (what sufficient under statutes of limitation). 3 Bing. N. C. 833; Chit. Cont. 754; 5 Scott 213; Shelf. R. P. Stat. 277; 1 Pet. (U. S.) 351; Coxe (N. J.) 159, 176, 433; South. (N. J.) 155; 4 Johns. (N.Y.) 461; 10 Id. 35; 17 Id. 330; 5 Wend. (N. Y.) 257; 15 Id. 284, 302, 308. (what insufficient, &c.) 11 Johns. (N. Y.) 146; 3 Wend. (N. Y.) 189, 272, 535; 7 Id. 268, 445. ACKNOWLEDGMENT MONEY, in old English law, was a sum of money paid by copy hold tenants on the death of their landlord to his successor in interest, as a recognition of his title as superior lord. tial, and this constitutes the distinction between bar by acquiescence and bar by limitation, or mere lapse of time. Stat. 3 and 4 Will. 4, c. 27, 27; Shelf. R. P. Stat. 210; Poll. Cont. 495; 8 DeG. M. & G. 133; L. R., 3 H. L. 256. See ESTOPPEL; LACHES; LIMITATION. ACQUIESCENCE, (of husband, not binding on wife, when). 17 Wend. (N. Y.) 44. ACQUIETANDIS PLEGIIS.-A common law writ, formerly lying for a surety where the creditor refused to acquit him after the debt was paid. ACQUISITION.-LATIN: acquisitio. The act by which property in a thing is procured; also, the thing itself. Acquisition is of two kinds. (1) Original, where the property in the thing in question, is not, at the time of its acquisition, and in its then existing condition, in any other person. Patented inventions and copyrighted works are instances of this sort. (2) Derivative, where the acquisition is of the property of others, procured either by agreement of the parties, e. g. gift or sale, or by act of law, as in cases of forfeiture, insolvency, intestacy, judgment, marriage and succession. ACQUIT-ACQUITTAL.— 1. Acquit "signifieth in law to discharge or keepe in quiet," (Co. Litt. 100 a) and is used in the old books in the sense of a release or discharge generally; but it ACQUEST.-Property newly obtained; ob- is now chiefly applied to the case of an tained by purchase or gift. ACQUETS.-Same as acquest; also, profits or gains of property as between husband and wife. accused person who is acquitted or discharged of a charge of crime by judgment, so that he can never again be tried on the same charge (see AUTREFOIS ACQUIT), as where the jury bring in a verdict of not guilty. Ibid.; Archb. Crim. Ev. 184. ? 2. In the old books the term is also used in a special sense to denote an obligation by a lord to his tenant. In some cases, where land was held of a mesne lord, he was bound to protect his tenant from any claims by lords paramount arising out of the services due to them by the mesne lord; this was called acquittal. Co. Litt. 100 a. ACQUIT, (when means by verdict). 10 Mod. 215. ACQUITTANCE, in the old books, is a receipt given in acknowledgment of the payment of money, (Noy, Maxims, 95) especially an acquittance or receipt under seal. Co. Litt. 373 a; 5 Rep. 43 a. See AcCOUNTABLE RECEIPT. ACQUITTANCE, (under forgery statute). 15 Mass. 526; 2 Moo. C. C. 215; L. R., 1 C. C. R. 217. ACQUITTED, (defined). 26 Wend. (N. Y.) 383, 399. (as used in declaration in action for malicious prosecution). 2 Yeates (Pa.) 475; 2 Campb. 193; 2 Nott & M. (S. C.) 143; Willes 517; 2 T. R. 231; 2 Wheel. Am. C. L. 583. ACRE.-A piece of land containing 160 square rods. This is the English and American acre; that of Scotland is considerably larger. 22. ACRES, (in a deed). 4 Watts (Pa.) 404. ACRES OF BARLEY, (trover for). 1 Alc. & N. ACRES OF LAND, (in tax valuation). 14 Vr. (N. J.) 124. (sold by, and falling short). 2 Bibb. (Ky.) 270; 1 Bland (Md.) 109; 5 Mass. 355; 2 Pa. 218, 533, 536; 6 Binn. (Pa.) 102, 113; 13 Serg. & R. (Pa.) 136, 140, 160, 162; 14 Id. 293, 296; 2 Watts (Pa.) 320; Gilm. (Va.) 159; 6 Munf. (Va.) 188; 8 Wheel. Am. C. L. 286; Cro. Jac. 390, 472. ACROSS, (in a statute). 1 Barn. & Ad. 448. (right of way). 5 Pick. (Mass.) 163. (land, right of way reserved in deed). 10 Me. 391. ACT.-LATIN: agere, to do. Act generally means something voluntarily done by a person; thus, where a person executes a deed he declares that he delivers it as his "act and deed," the two words being synonymous. An "act in the law" is an operation or effect produced by the law independently of the acts or wishes of the parties; thus, a descent is B an act in the law. (Co. Litt. 149 a.) In the Civil Law, a writing which states in a legal form that a thing has been done, said or agreed, is termed an "act." (Merlin Repert). Such an act is "private" when made by private individuals, an l "public" when made by public authority, before a public officer, under the public seal, and made public by a magistrate; or extracted and duly authenticated from public records. ACT OF BANKRUPTCY.— ? 1. Generally.—It is one of the principal objects of the bankrupt law, when a person becomes insolvent, to seize his re maining property and distribute it among his creditors, instead of allowing him to squander it, or to appropriate it in paying particular creditors to the prejudice of others. It is therefore of great importance that an insolvent debtor should be brought under the operation of the law as soon as possible after his affairs become embarrassed, and for this reason certain acts have been prescribed as indicia of insolvency. These acts are called acts of bankruptcy. (Robs. Bankr. 102). Acts of bankruptcy may be divided into three classes: 2. Relating to the person.-Those which relate to the person of the debtor, and are evidence of an intention to deprive his creditors of their remedy against his person-as when he goes or remains abroad, or otherwise conceals or absents himself with the intention or the effect of delaying or defeating his creditors. 3. Relating to property.—Those which relate to dispositions of the debtor's property, and are evidence of an intention to deprive his creditors of their remedy against his estate; these are of two kinds: (1) Dispositions of the whole or part of the debtor's property (not being bona fide assignments for value), by which the property is removed from the reach of his creditors, and the debtor is rendered insolvent. (2) Acts of fraudulent preference, that is, acts done with a view of giving one creditor a preference over the others (such as conveyances, mortgages, payments, contracts, judgments, &c., voluntarily entered into or suffered in con templation of bankruptcy), provided the debtor becomes bankrupt within a certain time after the fraudulent act. 4. Relating to circumstances.Those which relate to the state of the debtor's circumstances and are evidence of his insolvency, but not necessarily of an intention to defeat or delay his creditors, such as a declaration by the debtor of inability to pay his debts, an execution levied against him, &c. 5. Traders and non-traders.-Acts of bankruptcy may also be divided, with reference to the status of the person committing them, into-those confined to traders and those applying to all debtors, whether traders or non-traders. Eng. Bankr. Act, 1869, ? 6. 6. An act of bankruptcy forms the foundation of an involuntary petition for adjudication. What were acts of bankruptcy under the recent United States bankrupt law, see 18 U. S. Stat. at L. 178. See BANKRUPTCY. ACT OF CONGRESS, OF THE LEGISLATURE, OR OF PARLIAMENT.-An enactment of the legislative branch of government; a formal declaration of provisions having the force of law. (Co. Litt. 126 a; 1 Bl. Com. 85.) Sometimes an act begins with a preamble stating its occasion or purpose. H. Cox. Instit. 19. 2. Private, personal and local acts.- Private acts (formerly called special, Co. Litt. 126 a) are those which relate either to particular persons (personal acts) or to particular places (local acts). Personal acts chiefly relate to the naturalization, names, estates or divorces of particular persons; local acts relate principally to railways, bridges, docks, boroughs, cities, towns and villages. ACT OF GOD. 1. In general.-An act of God is an event which could not happen by the intervention of man; such as a death, storm, earthquake, extraordinary flood, &c. (1 T. R. 27; 11 Exch. 618.) At the present day, the phrase is chiefly used in the following branches of law: ? 2. Insurance.-In the law of insurance, an insurer is not liable to indemnify the assured against loss occasioned by an act of God; and a common carrier, being an insurer, is similarly privileged. Maud. & P. Mer. Sh. 259; 1 C. P. D. 435. 3. Contract.-In the law of contracts, where the performance of a contract becomes impossible through an act of God, the promisor is in many cases discharged from liablity; thus, if a lessee of land covenants to leave a wood in as good a plight at the end of the lease as it was at the beginning, and afterwards the trees are blown down by a tempest, he is discharged of his covenant. (1 Rep. 98 a; L. R. 4 Q. B. 185). Whether an event is an act of God for the purposes of a particular contract depends on the nature of the contract and the event, especially on the question whether it can be foreseen and provided against for the purposes of the contract. See Poll. Cont. 335. ? 4. Torts. In the law of torts, a person is frequently discharged from the consequences of an event which has taken place indirectly through his agency, if it has been directly caused by an act of God. Thus, where a person made a reservoir by 1. Public acts.--Acts are either pub- damming up a stream, and an extraordilic or private. Public acts (also called nary rainfall caused the water to burst the statutes, or general statutes, or statutes at embankment and flood the adjoining land, large) are those which relate to the com- the owner of which brought an action for munity generally, or to sections of the damages against the owner of the reser caused by the act of God. L. R., 10 Ex. 255; 2 Ex. D. 1. Compare L. R., 3 H. L. 330; Underh. Torts, 13; 9 Ch. D. 503. ACT OF GOD, (defined). 1 Conn. 487; 69 Ill. 285; 76 Ill. 542; 4 Zab. (N. J.) 700; 8 Wend. (N. Y.) 473. (what is not). 1 Moo. & P. 561. (in law of carriers). 4 Bing. 607; 1 T. R. 33; 3 Esp. 131; 2 Ld. Raym. 909, 917; 4 Campb. 203; 1 Wils. 281; 6 Johns. (N. Y.) 160; 10 Id. 11; 1 Cai. (N. Y.) 43; 7 Cow. (N. Y.) 499; 14 Wend. (N. Y.) 218; 21 Id. 190; 23 Id. 310; 31 Barb. (N. Y.) 45; 10 Id. 612; 44 Id. 54; 10 N. Y. 431; 29 Id. 115; 30 Id. 564; 71 Id. 180, 187; 1 Sweeny (N. Y.) 89; 6 Abb. (N. Y.) Pr. N. S. 128; 1 Hilt. (N. Y.) 235; 37 How. (N. Y. Pr. 29; 30 Ala. 120; 69 III. 285; 76 Ill. 542; 5 Blackf. (Ind.) 222; R. M. Charlt. (Ga.) 19; 2 Watts (Pa.) 116; 2 Spears (S. C.) 197. (when tempest is). 1 Stra. 128. (to render performance of condition impossible). 6 Halst. (N. J.) 257. (to excuse non-performance of covenant). 1 Cranch. (U. S.) 345. ACT OF GRACE.-An act passed in Scotland in 1696, providing for the maintenance of debtors imprisoned by their creditors. In England, the phrase is usually applied to insolvent acts, and to general pardons or amnesties granted at the beginning of a new reign, or on other great occasions. ACT OF HONOR.-An instrument prepared by the notary after a bill has been protested, at the request of a third party who desires to accept or pay the bill for the honor of one or all of the parties thereto. ACT OF INDEMNITY.-A statute by which those who have committed illegal acts which subject them to penalties, are protected from the consequences of such acts. which are too important to be brought before the court on motion merely, and yet not so important as to necessitate the pleadings and other steps involved in a regular action or suit. Thus, in divorce suits, the question whether the court has jurisdiction in the matter is generally determined by an act on petition. (Browne Div. 238; Divorce Rules (1866), 56 et seq.; l'hillim. Ecc. L. 1259.) In probate matters, questions of propriety of conduct, personal qualifications, the court by act on petition. (Browne Prob. Pr. jurisdiction, &c., are generally brought before 294; Prob. Rules (1862), C. B. 64 et seq.) proceedings commence with the petition, setting forth the facts relied on, and the relief prayed, to which the defendant files his answer. (In ecclesiastical practice this is called "writing to the act." Phillim. Ecc. L. 1259.) And the plaintiff, if necessary, replies, and so on until the parties are at issue, when the petition is set down for hearing as a cause. The ACT OR INTENTION, (in policy of life insurance). 6 Biss. (U. S.) 238. ACT TO BE PASSED, (in statute, includes act passed). Wilberf. Stat. L. 156. See also 14 Last 510. Acta exteriora indicant interiora secreta: External acts indicate undisclosed thoughts. 2 Ld. Raym. 1233; 10 Pet. (U. S.) 472; 13 Serg. ACTA OMNIA RITE, &c., (defined, and applied). & R. (Pa.) 384; 14 Id. 175. ACTED WITH, (the estate to be, in a will). 6 Watts (Pa.) 89. ACTING AS BANKER, (who is one). 1 Atk. 218; 2 Bos. & P. 383. ACTING TRUSTEE, (defined). Will. Trust. 121. ACTIO.-In civil law, means both the proceeding to enforce a right in a court, and the right itself which is sought to be enforced. The principal phrases in which ACT OF LAW.-The operation of legal the word is used, either in the civil or comprinciples upon ascertained facts. ACT OF SETTLEMENT.-The 12 and 13 Wm. III. c. 2, limiting the crown to the Princess Sophia of Hanover, and to the heirs of her body being Protestants. ACT OF STATE.-An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal proceedings in a court of law. Thus, where a foreign sovereign contracted certain debts, and his territory was afterwards annexed by the British government, it was held that the annexation having been an act of state, the creditors could not make any claim in respect of the revenue of the annexed territory. L. R. 19 Eq. 509; 1 Smith Lead. Cas. 658; L. R. 6 Q. B. 1; 5 App. Cas. 102. ACT ON PETITION.-A convenient and summary mode of proceeding in divorce, probate and ecclesiastical matters in England, often resorted to for the adjudication of questions mon law, are Actio ad exhibendum: An action insti tuted for the purpose of compelling a defendant to exhibit a thing or title in his power. Actio æstimatoria Actio quanti minoris Actions brought by a buyer for the purpose of reducing the contract price. Actio arbitraria: An action which depended on the judge's discretion, and in which the defendant was liable to be condemned unless he would make such amends to the plaintiff as the judge dictated. Actio bonæ fidei: An action which the judge decided according to equity, the judex thus acting as arbiter with a wide discretion. Actio calumniæ: This action lay to prevent the defendant from prosecuting a false claim against the plaintiff. Actio civilis-Actio directa: Actions proceeding directly in accordance with the written law. Actio commodati contraria: An action by a borrower against a lender, to enforce the execution of a contract. Actio commodati directa: An action by a lender against his debtor to recover back the subject of the loan. Actio communi dividundo: An action to procure a division of property held in com mon. Actio contra defunctum cæpta continuitur in hæredes: An action begun against a person who dies is continued against his heirs. Actio damni injuria: An action brought for losses occasioned by wrongful acts. Actio de dolo-Actio de dolo malo: Actions brought in cases of fraud. Actio de pecunia constituta: An action against one who has promised to pay money, either for himself or another, where there is no stipulation. Actio depositi contraria: An action which a depositary has against a depositor, to compel him to fulfil his engagement towards him. Actio depositi directa: An action which is brought by a depositor against a depositary, in order to get back the thing deposited. Actio emptio: An action brought by a buyer for the purpose of compelling the performance of the seller's obligations, or to recover compensation. Actio ex contractu: Action arising out of contract. Actio ex delicto: Action arising out of tort. Actio ex stipulatu: An action brought to enforce a stipulation. Actio furti: A phrase used to denote the various civil actions for theft. Actio familiæ erciscundæ : An action to obtain the division of an inheritance. Actio in factum: An action adapted to the particular matter in controversy, as distinguished from actio in jus, which was an action founded on some existing law. Actio in personam: An action, the effect of which is upon the defendant personally. Actio in rem: An action, the effect of which is upon certain property. Actio injuriam: This phrase denoted the class of actions for injuries to the person, either of the plaintiff, or of those in whose security he had an interest. Actio judicati: An action to enforce a judgment, by the sale of the debtor's property. Actio mandati: An action founded upon a contract of mandate. Actio negotiorum gestorum: A phrase denoting the actions between parties to a contract of agency. Actio non: The statement in a special plea that "the said defendant ought not to have or maintain his aforesaid action," &c., against the defendant. Actio non accrevit infra sex annos: The name of the plea of the statute of limita tions. Actio non datur non damnificato: An action is not given to him who is not injured. Actio personalis: A personal action. An action in personam. out of torts, are destroyed by the death of either the injured or the injuring person. This was the universal rule at common law, and is still the rule in many cases. Thus, an action for slander, battery, or the like, cannot be brought after the death of either party. But an action may be maintained by the executors or administrators of a deceased person, in respect of an injury committed to his real or personal property during his lifetime, and, conversely, an action lies against the executors or administrators of a deceased person for any wrong committed by him in respect of his real or personal property-provided that in each case the action is brought within a certain time. Further, a remedy is given to the near relatives of a person who has been killed by the wrongful act, neglect, or default of another. The result, therefore, generally is that (1) in the event of the death of the injured person, the maxim only applies in cases of torts to the reputation and torts to the person not resulting in death, and that in all other cases the right of action survives to the representatives of the injured person; (2) in the event of the death of the tortfeasor, the maxim applies in all cases of injury to the person or reputation, so that the right of action only survives against the representatives of a tortfeasor in cases of injury to property. See ABATEMENT; PERSONAL. Actio pœnalis in hæredem non datur, nisi forte ex damno locupletior hæres factus sit: A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong. Actio pro socio: An action by which either partner could compel his co-partners to perform their social contract. Actio quælibet it sua via: Every action proceeds in its own way. Actio redhibitoria: An action to compel the seller to take back the thing sold, and to restore the price paid, with interest. Actio stricti juris: An action in which the decision was regulated by the strict terms of the contract. Actio tutelae: An action based upon obligations growing out of such a relation as that of guardian and ward. Actio venditi: An action brought by a seller to compel the performance on the part of the buyer of a contract of sale. Latin, actio. Britt. 128 a. 1. An action is a civil proceeding taken in a court of law to enforce a right. (See CAUSE OF ACTION.) This is the technical legal meaning; the vernacular signification-anything done or performed-is also frequent in jurisprudence. 2. In practice, an action is a proceeding commenced by a writ or summons, as opposed to "special proceedings" and "applications" in which the court and not Actio personalis moritur cum perA personal action dies with a person' "the plaintiff, appears to be the actor, and -a maxim meaning that rights of action arising which are commenced by motion, petition, sona: |