Bouvier's Law Dictionary and Concise Encyclopedia

An agreement in writing to discharge a party from an engagement to pay a sum of money. It is evidence of payment, and differs from a release in this, that the latter must be under

See Acquittal.

A quantity of land containing one hundred and sixty square rods of laud, in whatever shape. Cro. Eliz. 47H, ('.•;.">; 6 Co. 67; Co. Litt. 5 b. The word formerly signified an open f

"The share of a cit i'/eu of a New England town in the common li The value of i right was quantity in each town, but varied in d ent towns. A 10-a< re Lot or right in a tain town w

From side to side. Tram to the length of. Hannibal & St. J. R, Co. v. Packet Co., 125 V. S. 260, 8 Sup. CI 31 L. Ed. 7.->.l; but inett's Branch Imp. Co., 65 Pa. 242. It may mean ov

Co. V. Evansville, 15 Ind. 395; Rogers v. Burlington, 3 Wall. (U. S.) 054, 18 L. Ed. 79. But, in cases very much discussed, it has been held by the United States supreme court that

Performing; operating. See Meyer v. Johnston, 64 Ala. 603, 665. When applied to a supervising executive, it designates, not an appointed incuinbent, but merely a locum tcnens. Fras

An action instituted for the purpose of compelling the person against whom it was brought to exhibit some thing or title in his power. It was always preparatory to another action,

An action depending on the discretion of the judge. In this, unless the defendant makes amends to the plaintiff at the judge's discretion, he must be condemned; Hunter, Rom. Daw 9S

A civil as distinguished from a criminal action. ACTIO C0MM0DATI CONTRARIA. An action by the borrower against the lender, to compel the execution of the contract Pothier, Pret d Us

An action for a division of the property held in common. Story, Partn. Bennett ed. § 352. ACTIO C0NDICTI0 INDEBITATI. An action by which the plaintiff recovers the amount of a sum

The name of a general class of actions for damages.

An action of fraud. It lay for a defrauded person against the defrauder and his heirs who had been enriched by the fraud, to obtain restitution of the thing of which he had been fr

An action which the depositary has against the depositor, to compel him to fulfil his engagement towards him. Pothier, Du Dep6t n. 69.

An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Pothier, Du D6p6t n. 60. according to fixed forms founded on certain l

An action to compel a seller to perform his obligations or pay compensaiit.ii: also to enforce any special agreements by him embodied in a contract of sale. Hunter, Rom. L. 505.

An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to re-deliver the thing hired. Pothier, du Contr. de Louage n. 59; Merlin, Rep.

See Action.

See Action.

An action against the exereitor or employer of a vessel. Black D. Diet.

An action of theft. Just 4, 1, 13-17. This could only be brought for the penalty attached to the offence, and not to recover the thing stolen, for which other actions were provided

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

An action adapted to the particular case which had an analogy to some actio in jus which was founded on some subsisting acknowledged law. 1 Spence, Eq. Jur. 212. The origin of thes

An action against the thing. See Actio in Personam; Actio.

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 founded upon a mandate. Dig. 17. 1.

A mixed action for the recovery of a thing, or compensation for damages and also for the payment of a penalty partaking of the nature of an action in rem and in i>< rsonam. Hunter,

For which an action will lie. 3 Bla. Com. 23. ACTI0NARY. A commercial term used in Europe to denote a proprietor of shares or actions in a joint stock company. ACTI0NES N0MINAT/E (

A form of action in Connecticut and Vermont for the recovery of claims, such as are usual* denced by a book account Bradley v. Goodyear, 1 Day (Conn.) 105; Smith v. Gilbert, 4 Day

This v remedy given by the common law, but it appears to have existed only in a limited form and to a certain extent until the statute of Westminster 2d. In its most comprehensive

A name given in English pleading to the distinctive clause in the plea to the further maintenance of the action; introduced in place of the plea puis darrein continuance. Steph. PI

See IU'Mur.itort Action. ACTI0N RESCISSORY. See Rescissory Actions.

In Scotch Law. All actions which are not rescissory. Ersk. Inst 4, 1, 18.

An action for a thing pledged after payment of the debt. Hunter, Rom. L. 448. ACTIO PR/ESCRIPTIS VERBIS. A form of action which derived its force from continued usage or the respon

An action by which either partner could compel bis co-partners to perform the partnership contract. Story, Partn., Bennett ed. § 352; Pothier, Contr. de Societe, n. 34. ACTIO EX ST

An action to compel a vendor to take back the thing sold and return the price paid. See Redhibitory Actions.

An action for rescinding a title acquired by prescription in a case where the party bringing the action was entitled to exemption from the operation of the prescription.

An action for the benefit of those who had the beneficial use of property, but not the legal title; an equitable action. 1 Spence, Eq. Jur. 214. It was subsequently extended to inc

Where a person selling seeks to secure the performance of a special obligation found in a contract of sale or to compel the buyer to pay the price through an action. Hunter, Roman

A legal action; a common action. Sometimes used for actio directa. 1 Mackeldey, Civ. L. 189. ACTION (Lat. agere, to do). A doing of something; something done. The formal demand of

See Trust.

An act which subjects a person to be proceeded against as a bankrupt. See Bankrupt; Bankrupt Laws; Insolvency.

Any accident due to natural causes directly and exclusively without human intervention, such as could not have been prevented by any amount of foresight and pains, and care reasona

The usual name of Cromwell's Constitution vesting the supreme power in a Protector and two houses of Parliament, passed March 2.~>, 1657.

A term sometimes applied to a general pardon or the granting or extension of some privilege at the beginning of a new reign or the coming of age or marriage of a sovereign. of exch

An act or decree absolving a public officer or other person who has used doubtful powers or usurped an authority not belonging to him from the technical legal penalties or liabilit

Within the meaning of the national currency act, an act which shows a bank to be insolvent; such as non-payment of its circulating I failure to make good the Impairment of capital

See Statute.

In English Law. The statute of 12 & 13 Will. III. c. 2, by which the crown of England was limited to the present royal family. 1 P.la. Com. 128; 2 Steph. Com. 290. It excluded the

See Govebnmentai, Act.

An act of 26 Hen. VIII. c. 1, which recognized the king as the only supreme head on earth of the Church of England having full power to corunder the act, denies to the Pope any oth

An act for the regulation of public worship obli.^i nu: all the clergy to use only the Book of Common Prayer; 13 & 14 Car. II. c. 4.

The statutes uniting England and Wales, 27 Hen. VTII. c. 26, confirmed by 34 & 35 Hen. VIII. c. 20; England and Scotland, 5 Anne, c. 8; Great Britain and Ireland, 30 & 40 Geo. HI.

An ancient English liament held at the village of Acton Burnell. 11 Edw. I. It is otherwise known as statutum tnercatorum or de mercatoribus, the statute of the merchants. It was a

A form of summary proceeding formerly in use in the High Court of Admiralty, in England, in which the parties stated their respective cases briefly, and supported their statements

Legal memoranda made in the admiralty courts in England, in the nature of pleas. For example, the English court of admiralty disregards all tenders except those formally made by ac

In Scotch Law. Ordinances for regulating the forms of proceeding, before the court of session, in the administration of justice, made by the judges, who have the power by virtue of

Real, in opposition to constructive or speculative, something "existing in act;" State v. Wells, 31 Conn. 213; real as opposed to nominal; Astor v. Merritt, 111 U. S. 202, 4 Sup. C

The term means the sum of money the insured goods would have brought for cash, at the market price, at the time when, and place where, they were destroyed by fire. Mack v. Ins. Co.

The true and real price paid for goods upon a genuine bona fide purchase. Alfonso v. U. S., 2 Sto. 421, Fed. Cas. No. 188. Money actually paid out. Lexington & W. R. Co. v. R. Co.,

The damages awarded for a loss or injury actually sustained; in contradistinction from damages implied by law, and from those awarded by way of punishment. See Damages.

It is held commonly to apply to the ceding of the corporal possession by the seller, and the actual apprehension of corporal possession by the buyer, or by some person authorized b

The manager of a joint stock company, particularly an insurance company. An officer of a mercantile or insurance company skilled in financial calculations, especially respecting su

Called to the bar. 1 Ld. Raym. 59.

For a share of the land. Fleta, II, c. 3G, § 4.

To try writs of assize. 3 Bla. Com. 352.

For collecting; as an administrator or trustee ad colligendum. 2 Kent 414.

At common law. 2 Eden 39.

To the common nuisance. Broom & H. Com. 196.

To appear. Cro. Jac. 67.

At court 1 Salk. 195; 1 Ld. Raym. 638.

At the costs. Toullier; Cowell; Whishaw.

At the cost 1 Sharsw. Bla. Com. 314. AD DAMNUM (Lat). To the damage. The technical name of that part of the declaration or statement of claim which congreater damages than he has l

At the day. Ad alium diem. At another day. Y. B. 7 Hen. VI, 13. Ad certum diem. At a certain day. 2 Str. 747.

This term embraces the idea of joining or uniting one thing to another, so as thereby to form one aggregate. We add by bringing things together; State v. Hull, 53 Miss. 626, 645.

Additional terms or propositions to be added to a former agreement.

The parliament which met in 1614 was so called. It sat for but two months and none of its bills received the royal assent. Taylor, Jurispr. 359.

That part of a bill in equity which contains the appropriate description of the court where the plaintiff seeks his remedy. Cooper, Kq. Tlead. S; Story, Eq. Plead. § 26; Van Heyth.

When the royal speech has been read in Parliament, an address in answer thereto is moved in both houses. Two members are selected in each house by the administration for moving and

In Spanish Law. The military and political governor of a frontier province. This office has long since been abolished. ADEMPTION (Lat. ademptio, a taking away). The extinction or w

Sufficient cause for a particular purpose. Pennsylvania & N. Y. Canal & R. Co. v. Mason, 109 Pa. 296, 58 Am. Rep. 722. Such a cause as would commonly produce a degree of anger, rag

To the overthrow of our right. 2 Kent 91. AD EXCAMBIUM (Lat). For exchange; for compensation. Bracton, fol. 12 6, 37 o. AD EXH/CREDATIONEM. To the disherison, or disinheritim'. The

To do. Co. Litt. 204 a. AD FACTUM PR/ESTANDUM. In Scotch Law. The name given to a class of obligations of great strictness. A debtor ad Jac. prws. is denied the benefit of the act

In allegiance. 2 Kent 56. Subjects born in allegiance are said to be born ad fidem.

To farm. Derived from an old Saxon word denoting rent, according to Blackstone, occurring in the phrase, decli concessi et ad firmam tradidi (I have given, granted, and to farm let

To deliver the gaols. Bract. 109 b.

The entrance of another state into an existing treaty with respect only to a part of the principles laid down or the stipulations agreed to. Opp. Int. L. § 533. Though, properly sp

As to this.

To the same point AD INQUIRENDUM (Lat. for inquiry). A judicial writ, commanding inquiry to be made of anything relating to a cause depending in court.

At the instance. 2 Mod. 43. AD INTERIM (Lat). In the meantime. An officer Is sometimes appointed ad interim, when the principal officer is absent, or for some cause Incapable of ac

In mining law, an entrance or approach. A horizontal excavation used as an entrance to a mine, or a vent by which ores and water are carried away. An excavation "in and along a lod

Next to, or near, neighboring. 29 Alb. L. J. 24. Two of three lots of land might be described as adjacent to the first, while only the second could be said to be adjoining; 1 Cooke

Rules of procedure or administration as distinguished from rules of substantive law. See Holland, Jurispr. 76. See Substantive Law.

The word in its etymological sense, means touching or contiguous, as distinguished from lying near or adjacent. In re Ward, 52 N. Y. 397; Miller v. Mann, 55 Vt 479; Akers v. Canal

See Eminent Domain; Lateral Support; Fence; Window.

To put off; to dismiss till an appointed day, or without any such appointment But it has also acquired the meaning of suspending business for a time — deferring, delaying. Probably

A continuation of a previous or regular term. Harris v. Gest, 4 Ohio St. 473; Van Dyke v. State, 22 Ala. 57.

The dismissal by som<3 court, legislative assembly, or properly authorized officer, of the business before them, either finally (which, as popularly used, i3 called an adjournment

In English Practice. A day appointed by the judges at the regular sittings for the trial of causes at nisi prius.

In English Practice. A day appointed some days before the end of the term at which matters left undone on the affirmance day are finished. 2 Tidd, Pract 1224.