A New Law Dictionary and Glossary

[L. Lat. accessarius.] In criminal law. One who, without being present at the commission of a felonious offence, becomes guilty of such offence, not as a chief actor, but as a part

Fr. [Lat. accessio.] Addition. Kelham.

Lat. [from accedere, to go to or with; to be added to, to belong to.] In the civil law. Accession; a going or passing of one thing to, or with another as its principal; an addition

[Lat. accessio, q. v.] A species of title by which a person acquires a right to, or property in a thing, in consequence of its belonging to another thing; as by growing out of it,

Lat. [from accedere, to go to, or with.] Accessory, incident^ that which goes with another thing; that which belongs to, is connected with, or dependent upon another thing, as its

Lat. [from accedere, q. v.] Accessory, incident; that which belongs to something else. Res accessoria; an accessory thing. 1 Mackeld. Civ. Law, 155, § 152. See Accessorium.

Lat. [from accedere, q. v.] An accessory, or accessary. Accessorius sequitur naturam sui principalis. An accessary follows the nature of his principal. 3 Inst. 139. An accessary ca

[L. Lat. accessorius, accessorium, qq. v.] Incident, appurtenant, or belonging to. When a subject is conveyed, every one of its accessories are understood to be conveyed with it, u

In crimmal law. Contributory to, or aiding in the commission of a crime. Called in the Roman law, ope et eansilio, and in the Scotch law, art and part. iq. V.) Frsk. Inst. b. 4, ti

Lat. [from accedere, to goto.] Access, approach, admission, ingress; the liberty of going into a place. Accessus et reces»us; the Uberty of going on and off another's land, for the

[L. Lat. accidens, from accidere, to fall, to happen.] A casualty; an act of providence; an event that takes place without one's foresight or expectation. See Inevitable accident,

Accyoun. L. Fr. An action. Kelkam. Accion sur le cas; an action on the case.

Lat. A husbandman, an ^ricultural tenant; a tenant of a manor. Spelman,

Lat. To lend, or loan. Si tibi vendam quod tibi accommodavi; if I sell you that which I have loaned to you. Bract, fol. 41 a.

Inmercantile usage. A bill or note drawn, accepted, or endorsed by one person for another, there being no consideration between them, for the sole purpose of raising money upon it,

Lat. Accomplishment. Co. Entr. 227. Tovms. PI. 49.

[from ad, to, and complicare, to fold up, or wrap together.] In criminal law. One who is joined or united with another; one of several concerned in a felony; an associate in a crim

Fr. &Eng. An agreement, consent, or concurrence. An agreement between a party injurmg and a party injured, to make satisfaction for the injury; which, when performed, is a bar of a

Accompt, [L. Lat. computus, from computare, to account.] In practice. A writ, or action at common law, (sometimes called account render,) which lies against a person who by reason

A running, or open account. See Account stated.

An account balanced and rendered, with an assent to such balance, express or implied. Parker, C. J. 8 Pick. B, 187, 198. An account current sent by a« foreign merchant to a merchan

Lat. [from ad, to, and crescere, to grow; L. Fr. accresser.] To grow to, to pass, or be added to a person, or thing; to accrue. In Scotch law, literally translated to accresce. 1 K

In Scotch law. To accnii. See Jscr^scere. 8

Fr. To increase, or accrue. See Accrescere.

[Lat. accretio, from accrescere, to grow to.] A growing to, adding to, increasing. Most commonly applied to the gradual and imperceptible accumulation and formation of soil, or lan

Accroke. [Fr. accrocher, to hook, clasp, or grapple to; to pull or draw to.] To attempt to exercise. 4 Bl. Com. 76. 1 Hal. P. C. 80. 2 Reeves' Hist. Eng. Law, 451. 3 Id. 186. Accro

See Accroach.

[Lat. accrescere.] To grow to, to follow, to be added to; as a thing or right passes from one person to another. See Accrescere. To grow, arise, accumulate, or become due; as rent

Lat. To accuse, or charge. Accusare nemo se debet nisi coram Deo. No man is bound to accuse himself, unless before God. Hardr. 139.

Accustomatus. L. Lat. Accustomed. Co, Entr, 69. Boat Entr, 657. Towm, PL 26, 49.

L. Fr. To this; for this purpose. Kel.

Fr. A letting to fann. Kdham.

Lat. [from Gr. a, without, and kephale, a head.] Levellers in the reign of Henry I., who acknowledged no head, or superior. Cowell. Persons so poor that they had not a tenement by

Lat. And also. The name of a clause in a capias ad respondendum, so called from its initial words. See Ac etiam billoe. Anciently sometimes written as one word, acetiam, and ajceci

Achat, Achet, Acate, L. f r. [from achater, to buy.] A purchase, contract or bargain. Bro, Abr. Contra Qt. Per colour de achate; by color of purchase. Stat Westm. I. c. 1.

Acater. L. Fr. To buy. *^^ fe vt7/ctn« achate 6iCTw; if the villein buy goods. Litt, sect. "»77.

Achatour, Achetour, Acatour. L. Fr. [from achater, to buy.] A buyer, a contractor. Purveyors were, by • statute 36 Edw. III. st. 1, c. 2, ordained to be thereafter called achetours

An ancient measure of com or grain, supposed to be about eight bushels. Cowell.

In conveyancing. The act by which a party who has executed an instrument, declares or ac» knowledges it before a competent officer, to be his, or her act and deed.

A sum of money paid by copyhold tenants, in some parts of England, on the death of their landlords, as an acknowledgment of their new lords. Cowell. Holthouse,

Lat. From the making. 5 Co, 1. 1 Ld, Baym. 480. See Confectio.

Lat. A counsellor; one who is of, or in another's counsels; one whose office it is to give counsel. A term formerly applied, in ecclesiastical law, to an advocate or responsalis, w

See Acgt Usitum.

Fr. In the civil law. Property which has been acquired by purchase, gift, or otherwise than by succession. Bouvier. Profits, or gains. Civil Code of Louisiana, § 2369.

Acquietancia. L. Lat. [from acquietare, q. v.] An acquittance; a release or discharge from the obligation of a debt or contract, (solutio a vinculo debiti, stipulationis, vel oblig

Lat. [from ad, to; and quietare, to discharge; quietum reddere, to make quit, or quiet, i. e. content, or free from molestation; to give quiet, or keep in quiet, so that one may ha

Lat. [from acquietare, q. v.] Acquitted; discharged; released from a criminal charge; pronounced innocent by a jury. Reg. Orig. 134. 9 Co. 56. Cro. Car. 420. This word had the pecu

[L. Fr. acquiter, quiter; L. Lat. acquietare, q. v.] To free, clear or deliver from accusation. See Acquittal. To discharge from obligation, properly in writing. See Acquittance. T

Acquital. A judicial deliverance from an accusation of guilt; a deliverance or setting free from a cnminal charge by the process of a trial at law, and the verdict of a jury, prono

\L. Lat. acquietancto, q. v.] A discharge in writing of a sum of money, or debt due, duty agreed to be performed, or any other obligation. Speltnan, voc. Acquietantia. Coioell. Ter

\LsX.jugerum; L. Lat. cuyra, acer, from Sax. cecer, from Lat. ager, afield. Spelnian.'l -^ measure of land containing forty perches in length, and four in breadth; or according to

[Lat. actus, actum; from agere, to do.] A thing done; the deed of an individual. See Actus, Actum. A thing done, or business formally transacted by a public body, and always expres

Lat. [from aere. q. v.] In the civil law. An action; the right of pursuing, or suing for what is due to one, in the peculiar mode or form termed in judicio, i. e. before a judex; (

Lat. In ancient English law an action; otherwise termed, placitum, and sometimes loquela. Placitum sive actio. Bract, fol. 102 b. See Action. Actio non datur non damnificato; an ac

or INTERDICTUM UNDE VI. In the civil law. An action, or interdict which lay to recover possession of an immoveable thing, as land, of which one had been deprived by force. So calle

Lat. In the civil law. An action to recover a pledge stolen. Inst. 4.1. 14.

Lat In the civil law. An action to compel the exhibition or production of a thing, together with what was called rei causa; under which was comprehended all that the claimaaloC ibe

In the civil kw. An arbitrary action; one depending upon the discretion of the judge, {ex arbitrio jidkis pendens;) or in which the judge was allowed to determine according to equi

In the civil law. A civil action; an action founded on the jus civile, or proper Roman law, as distinguished from the actio honoraria, or praetorian action. All actions, in the Rom

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

In the civil law. An action for dividing a common property, or thing held in common. Inst. 4. 6. 20. Id. 4. 17. 5. See Communi dividundo.

A common action. A term applied by Bracton to an action where the thing demanded was common, and not several. Bract, fol. 103.

In the civil law. An affirmative action; an action founded upon the affirmative allegation of some right in the plaintiff in another's land, as a right of way, &c.; and not upon th

In the civil law. A contrary or cross action, as distinguished from ocft'o direcia, (q. v.) ffeinece. EUm. Jur, Civ. lib. 3, tit. 15, §§ 805, 816, 826. Bract, fol. 103.

In the common law. A criminal action. Bract. foL 102 b. See Actio civ Uis. ACTIO DE DOLO MALO In the civil law. An action of fraud; an action which lay for a defrauded person again

In the civil law. An action concerning a thing converted to the profit of another; an action granted to one who had contracted with a son or slave, in order to recover whatever the

In the civil law. An action concerning, or against the peculium, or separate property of a party.* An action to which fathers and masters were liable on the contracts of their chil

In the civil law. A direct action, in the stricter sense of the word directus; (q.v.) an action founded on strict law, and conducted accordmg to fixed forms; called also vulgaris*

In the civil and common law. An acticm of contract; an action arising out of, or founded on contract. Inst. 4. 6. 1. Bract, fol. 102. 3 Bl. Com. 117.

In the civil and common law. An action of tort; an action arising out of fault, misconduct^ or malfeasance. 1 MaekM. Civ. Law, 191, § 195. 3 Bl Com. 117. £x maiefieio is the more c

See Exercitoria actio. ACTIO FAMILIAE ERCISCUNDAE. In the civil law. An action for the partition of an inheritance. Inst. 4. 6. 20. Id. 4. 17. 4. Bract. fol. 443 b, 444. See Famili

In the civU law. An action upon sale; an action which a seller is entitled to maintain against a buy* er, to recover the price of a tmng sold and delivered. Inst. 4. 6. 28. Heinscc

In the civil law. An action for the determination of boundaries between adjoining lands. Inst.^. 17. 6. Id. 4. 6. 20. Bract. fol. 444. See Finium regundorum.

In the civil law. An action of theft; an action founded upon theft. Inst. 4. 1. 13—17. Bract, fol. 444. This could only be brought for the penalty attached to the oflfence, (tantum

In the civil law. An honorary, or praetorian action. See Actio civilis.

An indirect action. A species of action mentioned by Bracton, probably the reverse of the actio directa, (q. v.) Bract, fol. 108 a.

In the civil law. An action for the double value of a thing. Inst. 4. 6. 21, 23.

In the civU law. An action upon the fact, or adapted to the fact; an action not confined to any partip cttlar formula, but founded on the peculiar circumstances of the case; and in

In the civil law. An action for injuries done by beating, wounding, slanderous language, libel, and the hke. Inst. 4. 4. pr. 1, 12. Bra/ct. fol. 103 b. See Injuria.

In the ciril law. An action for the quadruple ralue of a thing. Inst. 4. 6. 21.

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. In rem actio est per quam rem nostram ques ah alio po

In the civU law. An action for the single value of.a thing. Inst. 4. 6. 21, 22.

See Institoria Actio. ACTIO LEGIS AQUILIAE. In the civil law. An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the

In the ciyfl law. An action for the triple value of a thing. Inst. 4. 6. 21, 24.

Lat. In mediaeval law. An office. Acdo comitatus; the office of count. Marculf. Form. lib. 1. Spelman. ACTIO NON ACCREVIT INFRA

or MISTA. In the civil law. 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 natu

That which can legally be made the CTOund or subject of an action; that for which an action will lie.* Chiefly applied to slanderous words uttered or published of another. 3 Chitty

Lat. [from actio, an action.] To bring an action; to prosecute, or sue. Thorn's Chron, Whishaw.

Accionarius. L. Lat. [from actio, an office.] An officer. Spelman.

or NEG ATI VA. In the civil law. A negatory or negative action; an action founded on the denial (negatio) of another's right; as where a right of way, or other servitude^in a parti

In the civil law. An action upon, or on account of btutMSS done. An action given in cases where a person transacted the business of another during his absence, {cum quis negotia ab

Lat. In the Roman law. Legal or lawful actions; actions of, or at law; (legitimae actiones,) Dig. 1. 2. 2. 6. So called, according to Gaius, either because they were expressly give

A phrase used in the old books, where a defendant pleaded some matter tending to show that the plaintiff had no cause to have the writ he brought, although it might be that he migh

Lat. In pleading. An abbreviation of actionem non, the emphatic words anciently used at the commencement of a special plea in bar; the defendant first averring generally, that the

[L. Lat. actio super casum.] In practice. A species of personal action of very extensive application, otherwise called trespass on the case, or simply case, from the circumstance o

Lat. In English pleading. A name given to the distinctive clause m the new plea to the further maintenance of the action, lately introduced in place of the plea puis darrein contin

In the civH law. A nozal action; an action which lay against a master for a crime committed, or mjury done by his slave; and in which the master had the alternative either to pay f

See Actio prcefudicic Uis.

In the civil law. A penal action; an action brought to enforce the payment of a private penalty. 1 Mackeld. Civ. Law, 193, § 196. ACTIO PRAEJUDICIALIS. In the civil law. A prelimin

In the civU law. A perpetual, or unlunited action; one not limited to any particular period within which it should be brought.* Inst, 4. 12. pr. The opposite of the actio temporali