voluntary

Willingly; done with one's consent; negligently. Wolff. § 5.

Willingly; done with one’s consent; negligently. Wolff § 5. To render an act criminal or tortious, it must be voluntary. If a man, therefore, kill another without a will on his part while engaged in the performance of a lawful act, and having taken proper care to prevent it, he is not guilty of any crime. And if he commit an injury to the person or property of another, he is not liable for damages, unless the act has been voluntary or through negligence; as, when a collision takes place between two ships without any fault in either. 2 Dods. Adm. 83; 3 Ilagg. Adm. 320, 414. When the crime or injury happens in the performance of an unlawful act, the party will be considered as having acted voluntarily.

Free; without compulsion or solicitation. Without consideration; without valuable consideration; gratuitous.
—'Voluntary courtesy. A voluntary act of kindness; an act of kindness performed by one man towards another, of the free will and inclination of the doer, without any previous request or promise of reward made by him who U the object of the courtesy ) from which the law will not imply a promise of remuneration. Holthouse.

— Voluntary ignorance. This exists where a party might, by taking reasonable pains, have acquired the necessary knowledge, but has neglected to do so. As to volimtary "Answer," "Assignment," "Bankruptcy," "Confession," "Conveyance," "Deposit," "Escape," "Jurisdiction," "Manslaughter," "Nonsuit," "Oath," "Payment," "Redemption," "Sals," "Settlement," "Trust," and "Waste," see those titles.

Free; without compulsion or solicitation; in accordance with one's own will. Without consideration; without valuable consideration. Voluntary assignment: an assignment by a debtor in trust for the beneiit of his creditors. Voluntary conveyance: a conveyance without valuable consideration. Voluntary escape: an escape of a person from custody, by the express consent of his keeper, or in consequence of his being permitted to go at large. Voluntary manslaughter: manslaughter committed voluntarily in the heat of passion. Voluntary oath: an oath taken in some extra-judicial matter, or before some magistrate or officer who cannot compel it.to be taken. Voluntary waste: waste done by acts of commission.

In English law. Voluntary jurisdiction: a jurisdiction exercised by certain ecclesiastical courts, in matters in which thero is no opposition.

In the civil law. Voluntary deposit: a deposit arising from the mere consent and agreement of parties.

1. In accordance with one's own free will; without constraint or compulsion; spontaneous; free; chosen, intended; allowed, suffered. Opposed, involuntary: as, a Toluntary, and, in some senses, involuntary — answer, assignment, association, confession, conveyance, curtesy, escape, ignorance, manslaughter, negligence, nonsuit, oath, payment, sale, servitude, waste, qq. i'. " Voluntary " means spontaneously, of one's own will, without being moved, influenced, or impelled by others. ■" Voluntarily. Used alone in a certificate of acknowledgment, is not the equivalent of " her own free will and accord, and without fear," etc." 1 1 Greenl. Ev. § 193. 2 2 Bl. Com. 145. ' United States v. Wormer, 13 Wall. 29 (1871). ^ • United States v. Peck, 102 U. S. BS (1880), cases. ' Smith V. United States, 2 Wall. 230 (1864). • Slaughter r. Gerson, 13 Wall. 383 (1871); Fitzpatrick V. Flannagan, 106 U. S. 600 (1882). ' Stack V. O'Hara, 98 Pa. 234 (1881). 8 Swift Co. V. United States, 111 U. S. 29 (1884); Chicago, &c. R. Co. V. United States, 104 id. 687 (1881); 108 id. 487. See also 69 Ga. 517; 34 La. An. 182; 11 Cush. 386, 550. • See 4 Kent, 628. S. Without consideration — a valuable or adequate consideration; gratuitous: as, a ■voluntary — conveyance, deposit, settlement, trust, qq. v. Volunteer. One who receives a voluntary conveyance,! that is, a conveyance made without a good or valuable consideration. In contests between different volunteers equity will generally not interfere, but leaves the parties where it finds them as to title — their equities being equal. Equity favors a transterree for value, as against a mere voluntary contract of any nature, except, perhaps, n settlement upon wife and children. Exceptions are made, in the cases of bona pie grantees for value, without notice, from volunteers — such innocent persons always being favorites in equity.^ See especially Convktanoe, S; Settle, 3.

Free; not compulsory; without consideration, v. Trust; not contentious; intended, not permissive, v. Waste.

1. Free; without compulsion or solicitation; in accordance with a person's choice, consent, or agreement. 2. Without consideration, and particularly without valuable consideration; gratuitous. Voluntary answer. In the practice of the court of chancery, was an answer put in by a defendant, when the plaintiff had filed no interrogatories which required to be answered. Hunt Eq. Voluntary assignment. Presumably means an assignment of a debtor's property in trust to pay his debts generally, in distinction from a transfer of property to a particular creditor in payment of his demand, or to a conveyance by way of collateral security or mortgage. Dias v. Bouchaud, 10 Paige Ch. 445. Voluntary confession. A confession of crime made by an accused person, without any promise of worldly advantage held out to him as obtainable by confession, may be received in evidence against the person making it; while a confession made under such circumstances as indicate any inducement or compulsion is rejected. Voluntary conveyance. A deed without any valuable consideration. Seward v. Jackson, 8 Cow. 406. Voluntary courtesy. A voluntary act of kindness. An act of kindness performed by one man towards another, of the free will and inclination of the doer, without any previous request or promise of reward made or offered by him who is the object of the courtesy. From such a voluntary act of kindness the law implies no promise on the part of him who is benefited by such act that he will make any remuneration or return for the same; for, if it were otherwise, one man might impose a legal obligation upon another against his will. If, however, the courtesy or act of kindness was performed at the instance or request of the party benefited, then the law implies a promise on the part of the latter to make a remuneration or return for such act. Hence the meaning of the phrases, that a "voluntary courtesy will not support an assumpsit," but that "a courtesy moved by a previous request will." Voluntary deposit. A deposit arising from the consent and agreement of parties, as distinguished from a necessary deposit made upon some sudden emergency. Voluntary escape. An escape attributed to actual consent of the keeper or sheriff is called voluntary, in distinction from one ascribed to neglect to take sufficient precautions for keeping the prisoner in custody, which is called a negligent escape. See Escape. Voluntary jurisdiction. Those courts (ecclesiastical ones in particular) are said to have a voluntary jurisdiction which are merely concerned in doing or settling what no one opposes, and which keep an open office for that purpose (as granting dispensations, licenses, faculties, and other remnants of the papal jurisdiction), but do not concern themselves with administering redress for any injury. Brown. Voluntary manslaughter. Killing upon a sudden heat of the passions. See 4 Bl. Com. 190, 191. Voluntary oaths. Such as persons take in extra-judicial matters, and not regularly in a court of justice, or before an officer invested with authority to take the same. Voluntary redemption. In Scotch law, is when a mortgagee receives the sum due into his own hands, and discharges the mortgage, without any consignation. Bell. Voluntary waste. Injury to real property done by affirmative acts, such as pulling down buildings, as distinguished from mere neglect by which premises are allowed to fall into bad repair, called permissive waste.