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ACCUSARE

ACTIO

Accusare nemo se debet, nisi coram · Deo. No one is bound to accuse

himself, unless before God. Accusation. A charge of the com

mission 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 acknowl.

edgment. 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 state. ment; or a statement by a subscribing witness thus made and certified. See 15 Am. St. Rep.

Act of bankruptcy. An act by the

doing of which a debtor may be

declared a bankrupt. Act of commission. An act of posi.

tive 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 per

form an act. Act of settlement. An English stat

ute affecting the royal succession. Act of supremacy. An English stat

ute establishing the supremacy of

the king over the church. Act of uniformity. A statute esA

tablishing uniform services in the

Church of England. Act on petition. An English summary proceeding in admiralty

cases. 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

concern. Actio. An action at law; a right to

sue, Actio ad exhibendum. A Romar

law action to compel the production of goods in the defendant's

control. Actio bonae fidei. An action in good

faith. Actio commodati contraria. A

Roman law action by a borrower against a lender to enforce their contract.

866.

Acknowledgment money. Money paid

to the new lord by a copy hold 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. Acquittance; dis

charge. Acquietare. To acquit. Acquietatus. Acquitted. Acquired allegiance. The allegiance

of a naturalized citizen. Acquittal. Discharge; release; ex

oneration. Acquittance. A written discharge of

an obligation. See 31 Am. Rep. 679. Act. A thing done or established.

A statute.

ACTIO

ACTION

Actio communi dividundo. A Roman

law action seeking the division of

common property. Actio condictio indebitati. A Roman

law action to recover a payment made by mistake. Actio depositi contraria. A Roman

law action by a depositary against a depositor to enforce their con

tract. Actio depositi directa. An action by

the depositor against the depositary to recover the goods de

posited. Actio ex conducto. A Roman law

action by a bailor against a bailee

to recover goods hired. Actio ex contractu. An action

founded upon a contract. Actio ex delictu. An action founded

upon a tort. Actio familiae erciscundae. A

Roman law action seeking parti.

tion of an inheritance. Actio in factum. A Roman law ac

tion similar to an action on the

case at common law. Actio in rem. An action against a

thing; for the recovery of a thing or the establishment of a right

independent of contract. Actio judicati. A Roman law action

to enforce the payment of a judg. ment. 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 perse

quendi, quod sibi debetur. An action is one's right to seek that

which is due him. Actio nominata. An action with a

name as distinguished from an ac

tion on the case.' Actio non. A statement in a special

plea that the plaintiff has no ac

tion. 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.

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 per

sona. 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 ac

tion 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 ac

tion to recover property lost by

prescription. Actio stricti juris. An action in which the court followed the let

ter of the law. Actio utilis. An action brought by

the holder of the legal title in be

half 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 ac

tion. 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

ACYA

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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 with

out proof of special damage. Actionum genera maxime sunt ser

vanda. 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 proce

dure 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 ad

duxit non est audiendus. An advocate should not be heard who

argues contrary to law. Actor sequitur forum rei. The plain

tiff 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 puni

tive or exemplary damages. Actuarius. The author of a statute. Actuary. The manager of a com

pany.

Actum legitimi non recipiunt modum.

Lawful acts admit of no qualifica

tion. Actus. A right of way. Actus curiae neminem gravabit.

The act of the court shall oppress no one. 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.

AD

AD

Ad. At; to; before; near; for; of;

until; within. Ad abundantiorem cautelam. For

greater caution. Ad admittendum clericum. A writ

by which a bishop was required to admit and institute the clerk of the party who has been success. ful in a contest for an office. See

3 Bl. Comm. 250. Ad aliud examen. To another tri.

bunal. Ad aluim diem. At another day. Ad assisas capiendas. At the sum. moning of the assizes. See 3 Bl.

Comm, 185. Ad audiendum et terminandum. To

hear and determine. , Ad barram. At the bar. Ad captum vulgi. By common un

derstanding. Ad colligendum bona defuncti. For

the collection of the goods of the

decedent. Ad communem legem. An old writ

by which a reversioner could se

cure 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 custagia. At the costs. Ad custum. At the cost. Ad damnum. To the damage. Ad damnum clause. That part of a

declaration which sets forth the amount of the plaintiff's damage.

See 75 Conn. 650, 55 Atl. 177. Ad defendendum. To defend. Ad diem. At a day. Ad ea quae frequentius accidunt jura

adaptantur. Laws are adapted to those cases which more commonly

occur. Ad effectum sequentem. To the fol

lowing effect. Ad exhaereditationem. To disin.

heritance. Ad exitum. At the end; at issue. Ad factum praestandum. A Scotch

law obligation of a very binding

nature. Ad fidem. An allegiance.

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. To join in

aid. Ad jura regis. A writ by one hold

ing 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 or

dering a further inquest. Ad mordendum assuetus. Accus

tomed to bite. 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

AD

ADJECTIVE

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

on questions of fact. See 26 L. R. A.

289. Ad quaestiones juris respondent judi

ces; 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. To

which there was no answer. Ad rationem ponere. To cite to ap

pear. Ad recte docendum oportet, primum

inquirere nomina, quia rerum cognitio a nominibus rerum dependet. For the proper understanding of a thing, it is well first to inquire into the names, because a knowl. edge of things depends upon their

names. Ad rem. Against the thing. Ad reparationem et sustentationem.

For repair and keeping in order. Ad respondendum. To answer. Ad satisfaciendum. To satisfy. Ad sectam. At the suit of. Abbre

viated “ads." Ad terminum annorum. For a term

of years. Ad terminum qui praeteriit. A writ

which the lessor could use to secure possession when refused by the lessee after the expiration of his lease.

Ad tristem partem strenua est sus

picio. Suspicion rests heavily on

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 dur

ing good behavior. Ad voluntatem domini. At the will

of the master. Addicere. To condemn. Additio probat minoritatem. Exag

geration 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 con

nected 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. deprimes. First. Adequate provocation. Conduct

which so excites a man's passion as practically to enthrall his rea

s'on. See 71 Am. St. Rep. 553. Aderere. In arrears. Adesouth. Underneath. Adherence. A Scotch action to re

store marital rights. Adiratus. Lost; strayed. Aditus. A right of entrance. Adjacent Land separated by a dis

tance of fifty-five feet is not ad

jacent. See Ann. Cas. 1913B, 167. Adjective law. Law regulating pro

cedure,

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