Circumstances

1.

Surroundings: the particulars which accompany an act or fact; res gestcB, q. v. Reference to ' ' surrounding circumstances ' ' is made to ascertain the precise nature of a subject-matter or to explain terms used.

Circumstantial.

Consisting in or pertaining to attendant circumstances or facts; afforded by what naturally accompanies: as, circumstantial evidence, q. v. See Case, 1. " Circumstance " and " fact " are often interchanged. Wben a conviction depends upon circumstantial evidence, it often happens that one or more of the ultimate or essential niatters may appropriately be called a "circumstance," to be established beyond a reasonable doubt. ^ 3. A person's qualifications, status or condition, material, -moral, and perhaps mental. In a law providing that letters testamentary shall not be granted, unless a bond be filed, to a person whose "circumstances do not afford adequate security " for the due administration of the estate, the reference is not exclusively to pecuniary responsibility. Thrift, integrity, good repute, and stability of character are " circumstances." ' See Peouniabt. "In failing circumstances," applied to a bank, means, in Missouri, a state of uncertainty whether the bank will be able to sustain itself, depending on favorable or unfavorable contingencies, which in the course of business may occur, and over which its officers have no control.* also Philadelphia, &c.

E. Co. v. Pollock, 19 F. B. 403 (1884); United States v. White, ib.

723 (1884). ^ Hollister v. Zion's Co-operative Institution, 111 U. S. 63 (1884): 8 Wall. 533; 96 U. S. 366; Be Aldrioh, 16 F. R. > Hunt, Appellant, 141 Mass. 519 (1886): E. S. § 5183. " Clare v. People, 9 Col. 134 (1886), Helm, J. Poverty is not such " extraordinary circumstance " as will defeat the rule of diligence in civil procedm:e in the Federal courts.'