Acceleration

An estate Is said to be accelerated when it is reduced to possession by the extinguishment of the precedent estate sooner than it would have been in the due course of events. Thus a remainder is said to be "accelerated" when the first taker is incapable of taking or refuses to take. ACCEPTANCE (Lat. acdpere). Of Property. The receipt of a thing offered by another with an intention to retain it, indicated by some act sufficient for the purpose. 2 Pars. Cont. 221., Tile element of receipt must enter into every acceptance, though receipt does not necessarily mean, in this sense, actual manual taking. To this element there must be added an intention to retain. This retention may exist at the time of the receipt, or subsequently; it may be indicated by words, or acts, or any medium understood by the parties; and an acceptance of goods will be implied from mere detention, in many instances. An acceptance involves very generally the idea of a receipt in consequence of a previous undertaking, on the part of the person offering, to deliver such a thing as the party accepting is in some manner bound to receive. It is through this meaning that the term "acceptance," as used in reference to bills of exchange, has a relation to the more general use of the term; As distinguished from "assent," acceptance would denote receipt of something in compliance and satisfactory fulfillment of a contract to which assent has been previously given. See "Assent." Of Bills of Exchange. An engagement to pay the bill in money when due. 4 East, 72; 19 Law J. 297. Acceptances of bills of exchange are: (1) Absolute, being a positive engagement to pay the bill according to its tenor. (2) Conditional, being an undertaking to pay the bill on a contingency. (3) Partial, being one varying from the tenor of the bill. (4) Qualified, being either conditional or partial. (5) Supra protest, being the acceptance of the bill after protest for nonacceptance by the drawee, for the honor of the drawer, or a particular indorser. They are also either: (6) Express, being an undertaking in direct and express terms to pay the bill. (7) Implied, being an undertaking to

The shortening of the time for the vesting in possession of an expectant interest. Wharton. ACCEPTANCE (Lat. accipere, to receive). The receipt of a thing offered by another with an intention to retain it, indicated by some act sulhcient for the purpose. 2 Parsons, Contr. 221. It is necessary that each party should do some act by which he will be bound; 3 B. & Aid. GSO. The element of receipt must enter into every acceptance, though receipt does not necessarily mean in this sense some actual manual taking. To this element there must be added an intention to retain. This intention may exist at the time of the receipt, or subsequently; It may be indicated by words, or ■eta, or any medium understood by the parties; and an acceptance of goods will be implied from mere detention, in many Instances. An acceptance involves very generally the Idea of a receipt in consequence of u previous undertaking on the part of the person offering to deliver such a thing as the party accepting is in some manner bound to receive. It is through this meaning that the term acceptance, as used in reference to bills of exchange, has a relation to the more general use of the term. As distinguished from assent, acceptance would denote receipt of something in compliance with, and satisfactory fulfilment of, a Contract to which assent had been previously given, and the word has been held to mean sonnthim: more than receive; Hall v. Los Angeles County, 74 Cal. 502, 16 Pac. 313. See Assent. contract for the sale of goods, in i In such cases it is said the a< be absolute and past recall; 2 I Mc Culloch v. Ina I Mahan v. United States, 16 Wall. (1 146, 21 l. Ed 307. if an article Is found I ve, hut Is retained and used, 11 sufficient acceptance; Logan v. Apartment:: Misc. Rep. 296, 22 N. Y. Sup] Ivered to a third; order of the purchaser they ed to.in received and accepted by the hater through his agent; S< b Hardware Co., 88 Ga. 578, 15 S. B. 327. Where lial contract was made for the sale of goods to be delivered at a sp int where purchaser was to pay freight for the it was held tliat the acceptance by the carrier and possession of freight after reaching its destination, was not such an acceptance by purchaser as would take it out of the statute; Agnew v. Dumas, '"-l Vt. 147, 23 Atl. <;:!4. As to how far a right to make future objections Invalidates an acceptance, see 3 B. & Aid. 6S0; 10 Q. B. Ill; 6 I 903. See Delivery; Bailment; Sale. Of a Dedication. See that title. Of Bills of Exchange. An engagement to pay the bill In money when due. 4 Ea^ 72: Byles, Bills 288. An acceptance is said to be: Absolute, which is a positive engagement to pay the bill according to Its tenor. Conditional, which is an undertaking to pay the bill on a conting The holder is not bound to receive such an acceptance, but if he does receive it, t terms; 4 M. & S. 466; Freeman v C. C. 485, Fed. Cas. No. 5,087; Dan. Neg. Ir; For some examples of what do and what do not constitute conditional acceptances, see 6 C. & P. 218; 3 C. B. 841; Heaverin v. Donnell, 7 Snv M. (Miss.) 245, 45 Am. Dec. 302; Campbell i tengill, 7 Greenl. (Me.) 12C, '20 An:.. Swansey v. Breck, 10 Ala. 533; Hunt'in v. Ingraham, 1 Strob. (S. C.) 271; Tassey v. Church. (Pa.) 346; Cook v. Wolfendale, 105 Ma.shall v. Clary, 44 Ga. 513; Ray v. Faulkner. 73 111. 469; Stevens v. Power Co., ■ Pope v. Huth, 14 Cal. 407; Palmer v.. 55 N. W. 256; Vanstrum v. Liljengren, 37 Minn. 191, 33 N. W. 555; Gerow v. Riffe, 29 W. Va. 4C2. 2 S. E. 104. Express or absolute, which is an undertaking in direct and express terms to pay the bill. Implied, which is an undertal I the bill Inferred from acts of a Which fairly warrant such an Inference, Where one recti ■ knowing that a draft b their price, t la is equivalent to an ac of tho draft; Hall v. Bank, 133 111. 234, 21 N. E. 546. if the payee writes upon a bill of ex- ■ drawn uihui him the words "payable the l"'th day of May, 1883," and it, it constitutes a qualified acceptance; Yan- Partial, which is one varying from the tenor of the bill. An acceptance to pay part of the amount lor which the bill is drawn, 1 Strange 214; Freeman v. Perot, 2 Wash. C. C. 485, Fed. Cas. No. 5,087; or to pay at a different tims. 14 Jur. 806; Hatcher v. Stolworth, 25 Miss. 376; Molloy, b. 2, c. 10, § 20; or at a different place, 4 M. & S. 462, would be partial. Qualified, which is either conditional or partial, and introduces a variation in the sum, time, mode, or place of payment; 1 Dan. Neg. Inst. 414. Supra protest, which is the acceptance of the bill after protest for non-acceptance by the drawee, for the honor of the drawer or a particular indorser. See Acceptob Supba Protest. When a bill has been accepted supra protest for the honor of one party to the bill, it may be accepted supra protest by another individual for the honor of another; Beawes, Lex Merc. Bills of Exchange, pi. 52; 5 Camp. 447. J The acceptance must be made by the drawee or some one authorized to act for him. The drawee must have capacity to act and bind himself for the payment of the bill, or it may be treated as dishonored. See Acceptob Stjpba Protest; 2 Q. B. 16. The acceptance and delivery of negotiable paper on Sunday is void between the parties, but if dated falsely as of another day, it is good in the hands of an innocent holder; Harrison v. Powers, 76 Ga. 218. It may be made before the bill is drawn, in which case it must be in writing; Wilson v. Clements, 3 Mass. 1; Goodrich v. Gordon, 15 Johns. (N. Y.) 6; Kendrick v. Campbell, 1 Bail. (S. C.) 522; Williams v. Winans, 14