Accedas ad curiam

I. I You go to the court; a common law writ to remove a cause to a higher court from an inferior court not of record. Accedas ad Tice comltem: you go to the sheriff; an English writ formerly directed to the coroners of a county commanding them to deliver a writ to the sheriff requiring him to return a writ of pone which he had suppressed.

An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat. Brev. 18; 8 Bi, Comm. 34; 1 Tidd, Pr. 38.

I. (That you go to the court.) An English common-law writ to remove a cause from an inferior court not of record to one of the higher courts.

that you go to court, tn practice tn the English law, is an omginal writ, issuing out of chancery, now of course, returnable in K. B. or C. P. for the removal of a replevin sued by plant in court of any lord, other than the county before the sheriff. See F. N. B. 18; Dyer 169. ACCEPTANCE of a bill of ezxchange, is the act by which the drawee or other person evinces his consent and intention to comply with, and be bound by, the request contained in a bill of exchange to pay the same; or in other words, it is an engagement to pay the bill when due; 4 East, 72; this engagement is made by the drawee of the bill, or by some other person supra protest, to the drawer or some of the other parties, either before the bill is drawn or afterwards, and it may be verbal or in writing; and is either absolute, partial or conditional, and when made after the drawing of the bill, is according toor varying from its tenor. The acceptance ought to be made by the drawee himself, but it may be made by an agent, Chit. Bills, 30; Beawes, pl. 87, page 462; 1 Esp. Rep. 116; Ib. 269. On _ presentment of a foreign or inland bill for acceptance, the holder has a right to insist upon such an acceptance by the drawee as will subject him at all events to the payment of the bill according to the tenor of it; and consequently such drawee must have capacity to contract, and to bind himself to pay the amount of the bill, or it may be treated as dishonoured. Marius, 22. The drawee must accept the bill within twenty four hours after presentment, or it should be treated as dishonoured. Chit. Bills, 212, 213, in notes. On the refusal to accept, even within the twenty-four hours, the bill should be protested. Ib. By the laws of the state of New York every person upon whom a bill of exchange 1s drawn, to whom the same 1s delivered for acceptance, who shall destroy such bill or refuse within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or non-accepted, shall be deemed to have accepted the same. An acceptance of a bill may be made before a bill is drawn, 83 Mass. 1; but in that case, it be in writing. See 1 Gall. R. 630 Wheat. R. 66; 15 Johns. R. 6; 2 Hall’s Law Journ. 486; 1 East, 105; 4 Campb. R. 393; 1 Holt’s C. N. P. 181; Burr. 1633; Cowp. 573; 2 W. C. C. R. 133; or, it may be made after the bill is drawn, and before it becomes due; or after the time appointed by the bill tor payment, 1 H. Bl. 313, and even after refusal to accept, so as to bind the acceptor. As to the form of the acceptance, itis clearly established that it may be in writing on the bill itself, or on another paper, 4 East, 91; or it may be verbal, 4 East, 67; 10° Johns. R. 207; 3 Mass. R. 1. An acceptance, in regard to its extent or effect, may be either absolute, conditional, or partial. An absolute acceptance is an engagement to pay the bill according to its tenor, and is usually made by writing on the bill “ accepted,” and subscribmg the drawee’s name; or by writing “accepted” only; or by merely wnting the name either at the bottom or across the bill. Comb. 401; Vin. Abr. Bills of Exchange, L 4; Bayl. 77; Chit. Bills, 226 to 228. An acceptance which will subject the drawer to the payment of the money only on a contingency, is a cond3tional acceptance. Bayl. 83, 4, 5; Chit. Bills, 234. The holder is not bound to receive such an acceptance, but if he do receive it, he must observe its terms. 4M.& Selw. 466; 1 Campb. 425; 2 Wash. C. C. R. 485. A partial acceptance varies from the tenor of the bill; as where it is made to pay part of the sum for which the bill is drawn, 1 Str. 214; 2 Wash. C. C. R. 485; or to pay at a different time, Molloy, B. 2, c. 10, s. 20; or place, 4 Ma. & Selw. 462.