should be set out, see Fish. Dig. Trespass, the expression of a unity of intention with ACADEMY, (subscription for). 11 Mass. 117. ACCAPITARE.-To pay relief to lords of manors. Capitali domino accapitare, i. e. to pay a relief, homage, or obedience to the chief lord on becoming his vassal. ACCAPITUM.-Money paid by a vassal upon his admission to a feud; the relief due to the chief lord. ACCEDAS AD CURIAM.-That you go to the court. An original writ to the sheriff, Issued out of Chancery, where a man has received false judgment in a Hundred Court or Court Baron, or justice has been delayed. the person making the offer. (Poll. Cont. 9; Chit. Cont. 11; see AGREEMENT.) Ordinarily, acceptance implies the receipt of something offered by another with intent to retain it. Thus, assent by one contracting party to the terms and conditions proposed by the other, is an acceptance, the offer having been received with intent to retain the benefits expected from it. 2. Of bill of exchange.—In the law of bills of exchange, acceptance is where the drawee of a bill (or in certain cases some other person) writes his signature across the bill, with or without the word "accepted" or other words. (Bills of Exch. Act, 1878, passed in consequence of the decision in Hindlaugh v. Blakey, 3 C. P. D. 136. See PRESENTATION, 1.) He thereby engages to pay the bill when due. Byles Bills 184. 3. The different kinds of acceptance.-An acceptance may be either absolute, [general,] qualified, or special. An absolute or express acceptance is one without qualification or limitation. A qualified acceptance is either conditional, where the acceptor inserts in the acceptance words which make his liability to pay dependent on the happening of some event, or the like; or partial, or varying from the tenor of the bill, as where he accepts for part of the amount of the bill, or for a different date. (Byles Bills 193.) So, also, an acACCELERATE.-In English law, an ceptance may be implied from acts calcuestate, interest or other right is said to be accel-lated to warrant the inference of an undererated when it comes into possession (or is likely ACCEDAS AD VICECOMITEM.That you go to the sheriff. Where the sheriff has a writ called a pone delivered to him, but suppresses it, this writ is sent to the coroner, commanding him to deliver a writ to the sheriff. ACCEDE, (in a letter offering sale of land). Munf. (Va.) 86. 6 to come into possession) sooner than it otherwise taking to pay the bill. sooner than it would if B.'s life interest were in ACCEPT, (in federal constitution). 4 Gill & J. (Md.) 5; 2 Hill (N. Y.) 582. ACCEPT A DEED, (Á to, in award). Ld. Raym. 611. ACCEPT BILLS, (power to). 7 Barn. & C. 278; 1 Man. & Ry. 66. Bouv. Inst. 466. 4. A special acceptance is one which specifies a particular place for payment of the bill. It may either make the bill payable at a particular place (e. g. a banker's,) without more, in which case presentment may be made not only to the banker, but also to the acceptor (whence such an acceptance is said to be a general acceptance as against him); or it may make the bill payable at a particular place, and not elsewhere, in which case ACCEPTS, (written on bill of exchange). 1 presentment can only be made at that place. Byles Bills 194; Stat. 1 and 2 Geo. IV., c. 78. ACCEPTANCE.-LATIN: accipere, from ad and capere, to take. 1. In its widest sense, acceptance is the act of assenting to an offer; in other words, 5. For honor, or supra protest.— When a bill has been dishonored by nonacceptance or protested for better security, P. 272; 2 Id. 532; 3 Dow. & Ry. 220, 827; 4 Inst. 466. & B. 174. (written on promissory note). 2 Brod. ACCEPTILATION.-The act of the any person may accept it for the honor of the drawer or of any of the indorsers, and thereby engage himself to pay the bill at maturity, if it is then presented to the drawee or acceptor and dishonored. Except where there is a "reference in case of need" (q. v.), it seems that a bill can only be accepted for honor after it has creditor under the civil law, in discharging the obligation of the debtor, without receivbeen protested, and hence such an accepting any consideration therefor. Such a transance is sometimes called an acceptance supra protest. (Byles Bills 261.) The acceptor for honor, if he pays the bill, has a right of action against the party for whose honor he accepts, and against all whom that party might have sued. Sm. Merc. L. 239. 6. Promise to accept.-A promise in writing to accept a bill not yet drawn or presented has been held in many cases to operate as a valid acceptance of the bill when drawn. And in Massachusetts a promise by telegram has been held to have that effect. 109 Mass. 414. 7. In marine insurance the acceptance of an abandonment by the underwriter, is his assent, either express or to be implied from the surrounding circumstances, to the sufficiency and regularity of the abandonment. Its effect is to perfect the insured's right of action as for a total loss, if the cause of loss and circumstances have been truly disclosed. Such acceptance is frequently constructive, as where the underwriter, without authority from the insured or owner, takes possession of the ship in order to repair her; or where, having authority to take such possession, he retains possession for an unreasonable time. ACCEPTANCE (when means "demand"). 1 Man. & Ry. 125. action was valid unless in fraud of creditors. Merl. Répert. ACCEPTOR.-The party who accepts a bill of exchange, or who engages to pay it in the first instance. The acceptor is generally the drawee, and thereafter becomes the principal debtor, the drawer becoming a surety merely. 1 Hill (N. Y.) 501. ACCEPTOR SUPRA PROTEST.— One who accepts a bill after its dishonor and protest, to save the credit of the drawer or indorser. See ACCEPTANCE, & 5. ACCESS.-LATIN: accedo, to go to. Approach; the means of approach; op portunity to approach. 1. In real property law, the right of access is that possessed by the owner of land adjoining a highway (e. g. a road or river) to go from his land on to the highway and vice versa without obstruction. It is a different right from the public right of passage or navigation on the highway. (L. R. 5 App. Cas. 84.) As to access of light, see EASEMENT, ?? 2, 4; also, LIGHT. ? 2. As to legitimacy.-The term "access" is also used in questions of legitimacy to denote cohabitation or opportunity of sexual intercourse between husband and wife. (2 Steph. Com. 285.) The pre(of a bill of exchange). 4 Otto (U.sumption of a child's legitimacy is rebutted, S.) 343; 2 Barn. & Ald. 113; 7 Barn. & C. 416; 3 Bingh. 625; 51 Ill. 106; Cro. Jac. 306, 5 East if it be shown that the husband had not 521; 2 Green (N. J.) 341; 3 Kent Com. 75; 5 Wend. (N. Y.) 414; 2 Stra. 1000. (of a charter of incorporation). Ang. & A. Corp. 46-52; 22 Ind. 272; 4 Mau. & S. 255. (of a check). 4 Otto (U. S.) 343. (of an office). 1 Cranch (U. S.) 137; 2 N. H. 202; 7 Wheel. Am. C. L. 142. (of an official bond). 3 Pick. (Mass.) 335. (N. J.) 922. (of an order, suit brought on). Penn. access to his wife within such a period of time before the birth, as admits of his hav ing been the father. But if he have access, and others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances, is legitimate in the eye of the law. See BAS TARD. ACCESS, (of husband). 2 Stark. Ev. 218, (of husband, in bastardy case). 8 East (to take sale of goods out of statute of n. (b.) frauds). 3 Barn. & Ald. 321, 680; 2 Barn. & C. 37, 511, 513; 3 Id. 1; 10 Bingh. 99 1 Car. & 193. ACCESSARY.-See ACCESSORY. ACCESSORY.-LATIN: accessorius. (1) Anything connected or joined with another thing (called the principal) as an incident or subordinate, is accessory to such principal thing. (2) He who is not a perpetration, but yet is in some way concerned therein, either before or after the ACCESSION, strictly speaking, is where a thing which belongs to one person becomes the property of someone else, by reason of its becoming added to or in-chief actor at a felony, nor present at its corporated with a thing belonging to the latter. This takes place in the case of alluvion, dereliction, the addition of buildings, plants, &c., to the soil, the erection of fixtures, and where two things are so united as to form one, as by the embroidering of cloth, the painting of a picture on canvas, &c. 2 Just. Inst. 1, 2 20 et seq.; Hunt. Rom. Law 128; 1 Vangerow, Pandekten, 629. 2. Blackstone includes under accession what is more correctly called specificatio, which takes place where a person makes a new thing (species) out of materials belonging to another, and thereby acquires the ownership of them, subject to making compensation to the former owner for their original value. 2 Bl. Com. 404; Kuntze, Cursus, 2 508-511.* 3. The word is also used to denote the beginning of the reign of a sovereign, or the acceptance by one nation of a treaty already concluded between two or more other states or sovereignties. Merl. Répert. ACCESSION, (of land, law of). 8 Wheat. (U.S.) 1, 108. (by alteration of property in species). 5 Johns. (N. Y.) 348; 7 Cow. (N. Y.) 95. Accessorium non ducit, sed sequitur suum principale: An accessory thing does not lead, but follows the principal thing to which it is accessory. Thus, in certain cases, a fixture becomes the property of the owner of the land to which it is affixed, and crops are the property of him on whose land they grow. Accessorium sequitur naturam rei cui accedit: The accessory follows the nature of the thing to which it is accessory. See ACCESSION; ACCRETION. Accessorius sequitur naturam sui principalis: The accessory follows the nature of his principal. An accessory to a crime cannot be deemed guilty of a higher degree of the offence than his principal. *The doctrine of property arising from accession is grounded on the right of occupancy, and derived from the Roman law; thus, if any given corporeal substance receive an accession, either by natural or artificial means, as by the growth of vegetables, the pregnancy of animals, the embroidering of cloth, or the conversion of wood or metal into utensils, the original owner of the fact committed, is an accessory to the crime. In this latter sense the word is sometimes spelled accessary. 1. Before the fact.-An accessory before the fact is he who, directly or indirectly, counsels, procures, aids or commands any person to commit any felony which is committed in his absence, in consequence of such counsel, aid or command. (1 Russ. Cr. 164; Steph. Cr. Dig. 24.) In England the accessory before the fact to any felony is in all respects in the same position as if he were a principal felon. (Stat. 24 and 25 Vict. c. 94 28 1, 2; Greaves Cr. Acts, 18.) In high treason and misdemeanor there are no accessories, but all persons concerned therein, if guilty at all, are principals. (1 Russ. Cr. 167, 169.) This is not so well settled in the United States as respects persons who assist traitors. Serg. Const. L. 382; 4 Cranch (U. S.) 472, 501. ? 2. After the fact.-An accessory after the fact is a person who, knowing a felony to have been committed by another, receives, relieves, comforts or assists the felon, in order to enable him to escape from punishment, or the like. 1 Russ. Cr. 171; Steph. 27; 39 Miss. 702. 3. At the fact.-In English law principals in the second degree are sometimes called accessories at the fact. 1 Russ. Cr. 156. ACCESSORY, (defined). 4 Bl. Com. 35; 2 Stark. Ev. 8. ACCESSORY AND PRINCIPAL, (defined). Coxe (N. J.) 453. See also Baldw. (U. S.) 78, 102; 1 Woodb. & M. (U. S.) 221. an unknown cause, or without human agency, or without the concurrence of the will of him who causes it. 1. In Equity practice.-Where by reason of an accident a party cannot obtain justice at law, chancery will give relief, provided the party asking it has not been guilty of laches, negligence or bad faith. Thus the forfeiture of a bond, where the breach was the result of an accident, may be prevented; recovery on instruments accidentally lost permitted on the plaintiff giving a bond of indemnity, (Snell. Eq. 335) and many other species of relief granted, in cases where a court of law would be unable to interfere. If the remedy at law exists, and is adequate, equity will not give relief. ? 2. In England, a similar jurisdiction was given to the common law courts, so far as relates to negotiable instruments, by stat. 17 and 18 Vict. c. 125, 87. So, if an annuity was directed by a will to be secured by an investment in public stock, and an investment was accordingly made, sufficient at the time for the purpose, but afterwards the stock was reduced by act of parliament, so that it became insufficient, equity would decree the deficiency to be made up out of the residuary estate. (Snell Eq. 342.) Since the Judicature Acts, of course, relief is given in such cases in all the divisions of the High Court. Jud. Act, 1873, ¿ 24. 3. Insurance against accident.-See INSURANCE. ACCIDENT, (defined). 6 Cush. (Mass.) 292; 76 of whom has a right of action against the N. C. 322; 24 Wis. 28. (escape through). 12 Mass. 321. (in bill of lading). 12 How. (U. S.) 272; 2 Rich. (S. C.) 286. (rights lost by). 2 C. E. Gr. (N. J.) 353, 354; South. (N. J.) 33, note (a.) (in declaration in action for libel). Chit. 489. 1 (in insurance policy). 7 Am. Rep. 410; 8 Id. 212; 47 N. Y. 52; 69 Pa. St. 43; 24 Wis. 28. (in a statute). 49 N. Y. 420; 49 Ala. 385; 50 Vt. 713; 46 Id. 512. other (e. g. for breach of a contract), that the latter shall render and the former accept something in satisfaction of the right of action, e. g. payment of money, delivery of goods, performance of works or services, &c. If the accord is carried out by the payment, delivery or performance, and acceptance, the arrangement is called an "accord and satisfaction" (in the old books sometimes an "accord and execution"), (6 Rep. 43b), and operates as a bar to the right of action. See SATISFACTION. ACCORD, (defined). Coxe (N. J.) 170. (to sustain plea of accord and satisfaction). 75 N. Y. 574, 576. ACCORD AND SATISFACTION, (defined). 50 Miss. 251, 257. (by parol not a bar to action on a record). 4 Den. (N. Y.) 414. Y.) 532. (fraudulently obtained). 1 Hill (N. ACCORDING TO CONTRACT, (in a letter, a sufficient memorandum in writing under statute of frauds). 4 Munf. (Va.) 77 ACCORDING TO THE COURSE OF ADMINISTRA- Dan. Ch. Pr. 576, 1136. See FALSIFY; SURTION, (in a will), 3 Ves. 146. CHARGE. ACCORDING TO THE EVIDENCE, (a verdict). 3 Serg. & R. (Pa). 609. ACCORDING TO LAW, (in tax law). 10 Wend. (N. Y.) 193. St. 317. (in a will). Sax. (N, J.) 216; 23 Pa. (in an affidavit). 30 Ala. 183. ACCORDING TO THE STATUTE IN SUCH CASE MADE AND PROVIDED, (in pleading). 4 Barn. & C. 554; 13 East 3; Ld. Raym. 342; 5 Halst. (N. J.) 142; 1 Mass. 103. ACCOUNT.-LATIN: ad, to, and computo, to sum up. A list or statement of monetary transactions, such as payments, receipts, purchases, sales, debts, credits, &c., in most cases showing a balance or result of comparison between items of an opposite nature, e. g. receipts and payments. As to the appropriation of payments in a current account, see APPROPRIATION; CLAYTON'S CASE. 1. Account rendered.-An account prepared by the creditor and presented to the debtor for acceptance. When accepted it becomes an account stated. 2. Mutual accounts.-Statutes of limitation usually contain an exception respecting what are known as merchants'" or "mutual accounts." That is, where the action is founded upon an account containing mutual credits and charges, the time of limitation is computed from the date of the last entry. 3. Account stated.-When two persons, having had monetary transactions together, close the account by agreeing to the balance appearing to be due from one of them, this is called an account stated; it is of importance from the fact that it operates as an admission of liability by the person against whom the balance ap: pears; or, in the language of the common law, "the law implies that he against whom the balance appears has engaged to pay to the other." (3 Bl. Com. 164; Chit. Cont. 599 et seq.) And on this implied promise or admission an action may be brought. it 5. Open, or current account.-If the account is open, that is, if it has not been stated or agreed upon by the parties, either of them may bring an action against the other; if it is a mere question of indebtedness under a contract or a quasicontract, he may sue under the contract for the balance which he alleges to be due to him. An account is also called "open" when the dealings of the parties are still continuing so that further charges and credits are liable to be made. 26. Instances.-The commonest instances of actions for accounts are actions by one partner against another for an account of the partnership dealings; by a principal against his agent. (Hayne's Eq. 243;) by a beneficiary against executors or trustees for an account of what they have received (or ought to have received) and paid in respect of the trust property; and by a mortgagor against a mortgagee who has entered into possession of the mortgaged property, in order to ascertain what he has received or ought to have received in respect of rents and profits, sc that the amount may be set off against the amount payable on the mortgage. 7. Executors' accounts.-Sometimes, however, the taking of an account is merely incidental to the main object of the action. Thus, in an administration action in England, the executors or trustees have to bring in an account (or peri odical accounts from time to time, according to the nature of the trust) of what they have received and paid in respect of the estate. 28. Account of profits.-Again, when an action for injuries, (e. g. infringement of a patent) is brought, it is frequently necessary to ascertain what profits the defendant has made, or an inquiry what damages the plaintiff has sustained, by the acts complained of, in order that the amount may be paid to the plaintiff as compensation; and this is done by directing an account of the profits (or an inquiry as to the damages) to be taken. ? 4. Settled account.-When a trustee and cestui que trust agree to an account, it is called a settled account, and the Court will not, as a general rule, open it—that is, require the whole of it to be investigated-receiver of real estate, or of a partnership, or 9. Receiver's accounts-So, when a unless there has been some concealment manufacturing company, or other corporation is or undue advantage taken by the trustee. appointed, he is generally directed to bring in |