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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.

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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.

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Acta diurna. Done on this day. Daily records of transactions. Acta exteriora indicant interiora secreta. One's outward acts show his intent.

Acta in uno judicio non probant in alio nisi inter easdem personas. The proceedings in one action are not evidence in another unless it is between the same parties. Acta publica. Matters of public

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Actio mandati. A Roman law action founded upon a mandate. Actio mixta. An action against both a person and his property. Actio nihil aliud est, quam persequendi, quod sibi debetur. An ac

tion is one's right to seek that which is due him.

Actio nominata. An action with a

name as distinguished from an action on the case.

Actio non. A statement in a special plea that the plaintiff has no action.

Actio non accrevit infra sex annos.

The action has not accrued within six years.

Actio non datur non damnificato. No action is given to one not injured.

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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

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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.

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Actus Dei nemini facit injuriam. An act of God does not violate anyone's legal right. See 2 L. R. A. 544.

Actus inceptus cujus perfectio pendet ex voluntate partium, revocari potest; si autem pendet ex voluntate tertiae personae, vel ex contingenti, revocari non potest.

An

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. Acya. Hate; malice.

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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. To make a jail delivery.

Ad gravamen. To the damage.
Ad hominem. To the man; personal.
Ad hunc diem. At this day.

Ad idem. To the same effect.
Ad inde requisitus. From thence re-
quired.

Ad infinitum. Without end.
Ad inquirendum. A writ command-
ing an inquiry or investigation.
Ad instantiam. At the instance.
Ad interim. In the meantime.
Ad judicum. To judgment.
Ad jungendum auxilium.
aid.

To join in

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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.

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the unfortunate side.

Ad tunc et ibidem. Then and there.
Ad ultimam vim terminorum. To the
extreme limit of the terms.
Ad unguem. Perfectly.

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.

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