ACCUSARE Accusare nemo se debet, nisi coram Deo. No one is bound to accuse himself, unless before God. Accusation. A charge of the commission of a criminal offense. Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit. After lapse of a reasonable time, an accuser should not be heard unless he shall well have explained his delay. Accused. One charged with having commited a criminal offense. Achat or Achate. A purchase. Acherset. An old English corn measure, probably equivalent to about eight bushels. Acknowledge. To make an acknowledgment. Acknowledgment. A statement made before, and certified by, a notary or other officer that a deed or other instrument was executed by the person making such statement; or a statement by a subscribing witness thus made and certified. See 15 Am. St. Rep. 866. Acknowledgment money. Money paid to the new lord by a copyhold tenant on the death of the old lord. Acquest. Newly acquired property. Acquets. That portion of one's prop erty which he has not inherited. Acquiescence. Implied assent. Acquietandis plegiis. A writ under which a surety could compel a creditor to release him when the debt had been paid. Acquietantia. charge. ACTIO Act of bankruptcy. An act by the doing of which a debtor may be declared a bankrupt. Act of commission. An act of positive motion as distinguished from an omission. Act of God. An unusual force of nature, as an earthquake or a tornado. See 22 Am. St. Rep. 403; also 4 Ann. Cas. 128. Act of insolvency. An act by the doing of which a debtor may be declared insolvent. See 5 Biss. 504; Fed. Cas. No. 9051. Act of law. Operation of law. Act of omission. The failure to perform an act. 5 ACTION Actio non ulterius. The plaintiff should not be allowed further to pursue his action. Actio personalis. A personal action. See Personal Action. Actio personalis moritur cum persona. A personal action dies with the person. See VII Eng. Ruling Cases, 543; also 9 L. R. A. (N. S.) 1078. Actio praescriptis verbis. A Roman law action founded upon usage or precedent. Actio pro socio. A Roman law action by one partner against the others to enforce their partnership agreement. Actio redhibitoria. A Roman law action by the vendee to rescind a sale. Actio rescissoria. A Roman law action to recover property lost by prescription. Actio stricti juris. An action in which the court followed the letter of the law. Actio utilis. An action brought by the holder of the legal title in behalf of the beneficiary thereof. Actio venditi. A Roman law action by the buyer of goods against the seller to enforce the contract of sale. Actio vulgaris. A Roman law term for a common action. Action. A proceeding before a court of law to establish one party's right against another. See 37 N. H. 457. Action in personam. A personal action. Action in rem. An action for the recovery of a thing or to establish a right or title independent of contract. See 44 Ohio St. 613, 10 N. E. 160. Action of assize. A real action for the recovery of land of which the plaintiff's ancestor had been dis seised. Action of book debt. An action based upon a book account. Action on the case. A common-law remedy for injury consequentially ACTIONABLE resulting to the person, property or reputation, from the commission of a tort, in cases where trespass will not lie. Same as "Trespass on the Case," and "Case." See 18 Johns. (N. Y.) 257, 9 Am. Dec. 210. Actionable. That for which an ac tion lies. Actionable per se. Actionable without proof of special damage. Actionum genera maxime sunt servanda. The kinds of actions should be particularly preserved. Active trust. One in which active duties are to be performed by the trustee with reference to the conveyance, evidencing an intention that the primary use of the property shall be in the trustee. See 62 L. R. A. 380. Acton Burnell. An old English stat ute named from the place where it was passed and provided a procedure for the collection of debts. Actor. A Roman law term denoting a pleader or advocate; the plaintiff in an action. Actor qui contra regulam quid adduxit non est audiendus. An advocate should not be heard who argues contrary to law. Actor sequitur forum rei. The plaintiff follows the forum of the thing in controversy. See 32 L. R. A. 236. Actore non probante reus absolvitur. A defendant is exonerated by the failure of the prosecution to prove its case. See 31 L. R. A. (N. S.) 1166. Actrix. A female plaintiff. Acts of sederunt. Certain rules of court made by judges of the Scotch court of session. Actual compulsion. Unlawfully and forcibly compelling one to do an act. Actual damages. Amount of loss or injury, as distinguished from punitive or exemplary damages. Actuarius. The author of a statute. Actuary. The manager of a company. act the completion of which depends upon the will of the parties may be revoked, but if it depends upon the will of third parties or upon a contingency, it cannot be revoked. Actus judicarius coram non judice irritus habetur; de ministeriali autem a quocunque provenit ratum esto. A judicial act by one not a judge is void; a ministerial act from whomsoever it proceed is valid. Actus legis nemini est damnosus. An act of the law shall not harm anyone. Actus legitimi non recipiunt modum. Acts required by law do not admit of qualification. Actus me invito factus, non est meus actus. An act done by me against my will is not mine. Actus non facit reum, nisi mens sit rea. No act is a crime unless there be criminal intent. See 25 L. R. A. (N. S.) 661. Actus repugnus non potest in esse produci. A repugnant act is of no effect. Actus servi in iis quibus opera ejus communiter adhibita est, actus domini habetur. The act of a servant in the sort of work in which he is generally employed is that of the master. Ad captum vulgi. By common understanding. Ad colligendum bona defuncti. For the collection of the goods of the decedent. Ad communem legem. An old writ by which a reversioner could secure land from the alienee of the deceased life tenant. Ad comparendum. To appear. Ad compotum reddendum. To render an account. Ad curiam. Before or to the court. Ad custum. At the cost. Ad ea quae frequentius accidunt jura adaptantur. Laws are adapted to those cases which more commonly AD Ad filum aquae. To the thread or center of the stream. Ad filum viae. To the thread or center of the way. Ad finem. To the end. Ad finem litis. To the end of the litigation. Ad firmam. To farm. Ad gaolas deliberandas. jail delivery. To make a Ad gravamen. To the damage. Ad idem. To the same effect. Ad inde requisitus. From thence required. Ad infinitum. Without end. Ad jungendum auxilium. To join in aid. Ad jura regis. A writ by one holding a living from the king directed against those seeking to deprive him of it. Ad largum. At large. Ad litem. During the pendency of the action. Ad lucrandum vel perdendum. For profit or loss. Ad majoram cautelam. For greater caution. Ad manum. At hand. Ad medium filum aquae. To the center or thread of the stream. Ad medium filum viae. To the center or thread of the way. Ad melius inquirendum. A writ ordering a further inquest. Ad mordendum assuetus. tomed to bite. Accus Ad nocumentum. To the nuisance. Ad officium justiciariorium spectat, unicuique coram eis placitanti justitiam exhibere. Judges are expected to show justice to everyone who pleads before them. Ad ostium ecclesiae. At the church door. Ad proximum antecedens fiat relatio, nisi impediatur sententia. Refer 8 AD ence should be made to the matter next preceding unless the meaning is thereby destroyed. Ad quaestionem facti non respondent judices. Judges do not pass upon questions of fact. See 26 L. R. A. 289. Ad quaestiones juris respondent judices; ad quaestiones facti respondent juratores. Judges answer questions of law; jurors answer questions of fact. See XX Eng. Ruling Cases, 630. Ad quaestiones facti non respondent judices; ad quaestiones legis non respondent juratores. Judges do not answer questions of fact; jurors do not answer questions of law. See XX Eng. Ruling Cases, 630. Ad quem. To which. Ad quod curia concordavit. To which the court agreed. Ad quod damnum. A writ under which a license from the king was obtained. See 2 Bl. Comm. 271. Ad quod non fuit responsum. which there was no answer. Ad rationem ponere. To cite to ap pear. To ADJECTIVE Ad tristem partem strenua est suspicio. Suspicion rests heavily on the unfortunate side. Ad tunc et ibidem. Then and there. Ad usum et commodum. For use and benefit. Ad valorem. According to value. Ad ventrem inspiciendum. A writ for the examination of a woman to determine the question of her pregnancy. Ad vitam aut culpam. For or during good behavior. Ad voluntatem domini. At the will of the master. Addicere. To condemn. Additio probat minoritatem. Exaggeration indicates inferiority. Addition. Some title or description written after a man's name for certainty of identification. See 1 Met. (Mass.) 151. Additional. Added, supplemental, coming by way of addition. See Ann. Cas. 1912C, 1007. Additions. A separate building connected to a main one by a passageway held to be an addition thereto. See 3 L. R. A. (N. S.) 156. Address. The designation of the court in a bill in equity. Adeem. To effect an ademption. Ademption. The avoidance of a legacy by an act of the testator. See 95 Am. St. Rep. 343. Adeprimes. First. Adequate provocation. Conduct which so excites a man's passion as practically to enthrall his reas'on. See 71 Am. St. Rep. 553. Aderere. In arrears. Adesouth. Underneath. Adherence. A Scotch action to restore marital rights. Adiratus. Lost; strayed. Aditus. A right of entrance. Adjacent. Land separated by a distance of fifty-five feet is not adjacent. See Ann. Cas. 1913B, 167. Adjective law. Law regulating procedure. 9 |