Black's Law Dictionary

One that is Increasing, enlarging or augmenting. Richards v. Land Co., 54 Fed. 209, 4 C. C. A. 290.

An abbreviation for "account," of such universal and Immemorial use that the courts will take judicial notice of its meaning. Heaton v. Ainley, 108 Iowa, 112, 78 N. W. 798.

In statutes relative to the luxation of corporations. this term refers to the fund which the company has in excess of its capital and llabill-ties. Trenton Iron Co. v. Yard, 42 N.

When an executor or other trustee masses the rents, dividends, and other income which he recoives, treats it as a capital, invests it, makes a new capital of the income derived the

That which accumulates or is heaped up ; additional. Said of several things heaped together or of one thing added to another.

Where a person has already been convicted and sen-tencod, and a second or additional judgment is passed against him, the execution of which is postponed until the completion of the

A second, double or additional legacy; a legacy given in addition to another given by the same instrument or by another instrument.

No one is bound to accuse himself, except before God. See Hardres, 139.

A formal charge against a person, to the effect that he is guilty of a punishable offense, laid before a court or magistrate having jurisdiction to inquire into the alleged crime.

Moore, 817. An accuser ought not to be heard after the expiration of a reasonable time, unless he can account satisfactorily for the delay.

To bring a formal charge against a person, to the effect that he is guilty of a crime or punishable offense, before a court or magistrate having jurisdiction to inquire into the al

The person against whom an accusation is made. "Accused" is the generic name for the defendant in a criminal case, and is more appropriate than either "prisoner" or "defendant" 1 C

The person by whom an accusation is made.

The levelers in the reign of Hen. I., who acknowledged no head or superior. Leges H. 1; Cowell. Also certain ancient heretics, who appeared about the beginning of the sixth century

In Mexican law. A ditch, channel or canal, through which water, diverted from its natural course, is conducted, for use in irrigation or other purposes.

(Lat. And also.) Words used to introduce the statement of the real cause of action, in those cases where it was necessary to allege a fictitious cause of action to give the court j

Fr. A purchase or bargain. Cowell.

In old English law. A measure of corn, conjectured to have been the same with our quarter or eight bushels. Cowell.

To own, avow or admit; to confess; to recognize one's acts, and assume the responsibility therefor.

In conveyancing. The act by which a party who has executed an instrument of conveyance as grantor goes before a competent officer or court, and declares or acknowledges the same as

A sum paid in some parts of England by copyhold tenants on the death of their lords, as a recognition of their new lords, in like manner as money is usually paid on the attornment

From the heavens to the center of the earth.

An inferior ministrant or servant in the ceremonies of the church, whose duties are to foliow and wait upon the priests and deacons, etc.

From common observance there should be no departure; there must be no departure from common usage. 2 Coke, 74; Co. Litt. 186a, 229b, 365a; Wing. Max. 752, max. 203. A maxim applied

(Lat. consilium, advice.) Of counsel; a counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, "Apocrisarius."

An estate acquired newly or by purchase. 1 Reeve, Eng. Law, 56,

In the civil law. Property which has been acquired by purchase, gift or otherwise than by succession.' Immovable property which has been acquired otherwise than by succession. Merl

To give an implied consent to a transaction, to the accrual of a right or to any act, by one's mere silence or without express assent or acknowledgment. Matthews v. Murchison (C. C

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 o

A writ of justices, formerly lying for the surety against a creditor who refuses to acquit him after the debt has been satisfied. Reg. Writs, 158; Cowell; Blount.

In the law of contracts and of descents; to become the owner of property; to make property one's own. Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St. Rep. 17.

Coming to an intestate in any other way than by gift, devise or descent from a parent or the ancestor of a parent. In re Miner's Will, 2 Lea (Tenn.) 54.

Those Which a man does not naturally enjoy, but which are owing to his own procurement, as sovereignty or the right of commanding or the right of property. Borden v. State, 11 Ark.

The act of becoming the owner of certain property; the act by which one acquires or procures the property in anything. Used also of the thing acquired. Original acquisition is wher

To release, absolve or discharge one from an obligation or a liability; or to legally certify the innocence of one charged with crime. Dolloway v. Turrill, 26 Wend. (N. Y.) 383, 40

In French law. Certain goods pay higher export duties when exported to a foreign country than when they are destined for another French port. In order to prevent fraud, the adminis

In contracts. A release, absolution or discharge from an obligation, liability or engagement. In criminal practice. The legal and formal certification of the innocence of a person

In contracts. A written discharge, whereby one is freed from an obligation to pay money or perform a duty. It differs from a release in not requiring to be under seal. This word, t

Released; absolved; purged of an accusation; judiclally discharged from acousation ; released from debt, etc. Includes both civil and criminal prosecutions. Dolloway v. Turrill, 26

A quantity of land containing 160 square rods of land, in whatever shape. Serg. Land Laws Pa. 185; Cro. Eliz. 476, 665 ; 6 Coke, 67; Poph. 55; Co. Litt. 5b. Originally the word "ac

A camp or field fight; a sort of duel or judicial combat, anciently fought by single combatants, English and Scotch, between the frontiers of the two kingdoms with sword and lance.

Under a grant of a right of way across the plaintiff's lot of land, the grantee has not a right to enter at one place, go partly across, and then come out at another place on the s

(Lat. As if.) Townsh. PI. 23, 27. These words frequently occur in old English statutes. Lord Bacon expounds their meaning in the statute of uses: "The statute gives entry, not simp

n. In Its most general sense, this noun signifies something done voluntarily by a person; the exercise of an individual's power; an effect produced in the external world by an exer

Lat. In the Roman law. Daily acts; the public registers or journals of the daily proceedings of the senate, assemblies of the people, courts of justice, etc. Supposed to have resem

8 Coke, 146b. External acts indicate undisclosed thoughts.

Things done in one action cannot be taken as evidence in another, unless it be between the same parties. Tray. Lat. Max. 1L

Lat. Things of general knowledge and concern ; matters transacted before certain public officers. Calvin.

In Scotch practice. The minute book of a court. 1 Swin. 81.

In French law, denotes a document or formal, solemn writing, embodying a legal attestation that something has been done, corresponding to one sense or use of the English word "act.

A deed, executed with certain prescribed formalities, in the presence of a notary, mayor, greffier, huissier, or other functionary qualified to act in the place in which it la draw

The certificate of registration of a ship, by virtue of which its French nationality is established

Act of inheritance. Any action or fact on the part of an heir which manifests his intention to accept the succession ; the acceptance may be express or tacit. Duverger-i

A document served by a huissier, at the demand of one party upon another party, without legal proceedings.

A term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title; e. g., "Acting Supervising Architect." Fraser v. Uni

An act done or performed out of court, and not a matter of record. A deed or an assurance transacted between two or more private persons in the country, that is, according to the o

Lat In the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the proceeding to enforce a right in a court and the right itself

An action for the purpose of compelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real action in the sense of t

Two names of an action which lay in behalf of a buyer to reduce the contract price, not to cancel the sale; the judex had power, however, to cancel the sale. Hunter, Rom Law, 332.

Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be co

A class of actions in which the judge might at the trini, ex officio, take into account any equitable circumstances that were presented to him affecting either of the parlies to th

An action to restrain the defendant from prosecuting a groundless proceeding or trumped-up charge agninst the plaintiff. Hunter, Rom. Law, 859.

In the common law. A civil action, as distinguished from a criminal action. Bracton divides personal actions into criminalia et civilia, according as they grow out of crimes or con

Included several actions appropriate to enforce the obligations of a borrower or a lender. Id. 305.

An action by the borrower against the lender, to compel the execution of the contract. Poth. Pret d Usage, □. 75.

An action by a lender against a borrower, the principal obj'ect of which is to obtain a restitution of the thing lent. Poth. Pret & Usage, nn. 65, 68.

An action to procure a judicial division of joint property. Hunter, Rom. Law, 194. It was analogous in its object to proceedings for partition in modem law.

An action by which the plnintiff recovers the amount of a sum of money or other thing he paid by mistake. Poth. Promutuum, n. 140; Merl. Repert.

An affirmative petitory action for the recognition and enforcement of a servitude. So called because based on the plaintiff's affirmative nilegation. of a right in defendant's land

The name of a general class of actions for damages, including many species of suite for losses caused by wrongful or negligent acts. The term is about equivalent to our "action for

An action of fraud ; an action which lay for a defrauded person against the defrauder and his heirs, who had been enriched by the fraud, to obtain the restitution of the thing of w

An action concerning or against the peculium, or separate property of a party.

An action for money engaged to be paid ; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation. Inst. 4, 6

An action which the depositary has against the depositor, to compel him to fulfil his engagement towards him. Poth. Du DSp6t, n. 69.

An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. Du D6p6t, n. 60,

A direct action ; an action founded on strict law, and conducted according to fixed forms; an action founded on certnin legal obligations which from their origin were accurately de

An action employed in behalf of a buyer to compel a seller to perform his obligations or pay compensation ; niso to enforce any special agreements by him, embodied in a contract of

An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to redeliver the thing hired.

In the civil and common law. An action of contract; an action arising out of, or founded on, contract. Inst 4, 6, 1; Bract, fol. 107; 3 Bl. Comm. 117.

In the civil and common law. An action of tort; an action arising out of fault, misconduct or malfeasance. Inst 4, 6, 15; 3 Bl. Comm. 117. Ex maleficio is the more common expressio

Am action against the exercitor or employer of a vessel. —-Actio families erciscnndæ. An action for the partition of an inheritance. Inst. 4, 6, 20; Id. 4, 17, 4. Called, by Bracto

An action upon letting; an action which the person who let a thing for hire to another might have against the hirer. Dig. 19, 2; Cod. 4, 65,

An action, brought to enforce a stipulation.

An action of theft; arr action founded upon theft. Inst. 4, 1, 13-17; Bract fol. 444. This could only be brought for the penalty attached to the offense, and not to recover the thi

An honorary, or prætonan action. Dig. 44, 7, 25, 35.

An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin of

In the civil law. An action against the person, founded on a personal liability; an action seeking redress for the violation of a jus in personam or right avallable against apartic

In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by another. Inst. 4, 6, 1. An action for the enforcement of a right (or for redr

An action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eig

An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the slave or beast of another, or injuring in any way a thing belo

Included actions to enforce contracts of mandate. or obligations arising out of them. Hunter, Rom. Law, 316.

A mixed action; an action brought for the recovery of a thing, or compensation for" damages, and also for the payment of a penalty; partaking of the nature both of an actio in rem

Conduct; behavior; something done; the condition of acting; an act or series of acts. In practice. The legal and formal demand of one's right from another person or party made and

That for which an action wlll lie; furnishing legal ground for an action. —Actionable frand. Deception practiced in order to induce another to part with property or surrender some

Deception practiced in order to induce another to part with property or surrender some legai right; a false representation made with an intention to deceive; may be committed by st

See Actionable.

A false statement respecting a fact material to the contract and which is influential in procuring it. Wise v. Fuller, 29 N. J. Eq. 257.

The breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. Roddy v. Missouri Pac. R. Co.. 104 Mo. 234, 15 S. W. 1112.

Anything injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or pr

In the law of libel and slander. Words which import a charge of some punishable crime or some offensive disease, or impute moral turpitude, or tend to injure a party in his trade o