ACCRUES

a person when that person first comes to a right to bring an action. Smart v. Morrison, 15 Ill. App. 229; Jenkins v. International Bank, 9 Ill. App. 459.

Common Meaning.

The word "accrued," in its general and popular sense, means to be added or attached to something else. Johnson v. Humboldt, etc., Co., 91 Ill. 95.

Limitations Act.

To arise, to happen, to come to pass; as the statute of limitation does not commence running until the cause of action has accrued. 1 Bouv. Inst. note 861; 2 Rawle (Pa.) 277; 10 Watts (Pa.) 663; Bac. Abr. "Limitation of Actions" (D3); 59 Hun (N. Y.) 145; 159 Pa. St. 556.

A cause of action is to be deemed as having "accrued," within the meaning of the Limitations Act (J. & A. 7916 et seq.), after the occurrence of that which is held to revive the cause of action. Schifferstein v. Allison, 123 Ill. 666.

Implies Prior Existence.

The word "accrued" conveys the idea of prior existence. Dare v. Wabash C. & W. R. Co., 119 Ill. App. 258.

Promissory Note.

A cause of action on a promissory note has "accrued," within the meaning of secton 16 of the Limitations Act (J. & A. 7211), at the time the note becomes due and unpaid. Warren v. Clemenger, 120 Ill. App. 439. To a similar effect see Story v. Thompson, 36 Ill. App. 377.

Not Applicable to "Right" or "Liability." The term "accrued" is not usually applied to the terms "right" or "liability." Smart v. Morrison, 15 Ill. App. 229.

ACCRUES.

Limitations Act-Foreclosure of Mortgage.

The right of action to foreclose a mortgage or deed of trust "accrues," within the meaning of section 11 of the Limitations Act (J. & A. 7206), after the last payment indorsed on the indebtedness

ACQUIESCE

secured thereby. Schifferstein v. Allison, 123 Ill. 666.

ACCUMULATIVE LEGACY.

A double or additonal legacy; a legacy given in addition to another given by the same instrument, or by another instrument. 4 Ves. 90; 1 P. Wms. 424.

an

ACCOMENDA.

A contract which takes place when individual intrusts personal property with the master of a vessel, to be sold for their joint account. In such case, two contracts take place, the contract called mandatum, by which the owner of the property gives the master power to dispose of it, and the contract of partnership, in virtue of which the profits are to be divided between them. One party runs the risk of losing his capital; the other his labor. If the sale produces no more than first cost, the owner takes all the proceeds; it is only the profits which are to be divided. Emerig. Mar. Loans, § 5.

In Criminal Practice.

The absolution of a party charged with a crime or misdemeanor.

The absolution of a party accused on a trial before a traverse jury. 1 Nott & McC. (S. C.) 36; 3 McCord (S. C.) 461.

Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty.

Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. 2 Inst. 364.

ACROSS.

From side to side; athwart; crosswise; quite over. Illinois C. R. Co. v. Chicago, 141 Ill. 598.

Cities and Villages Act-Includes Power to Cross at Grade.

Paragraph 89 of section 1 of article 5 of the Cities and Villages Act (J. & A. 1334), empowering cities and villages to extend streets "across" railroad tracks,

In its general legal sense, the word may denote something done by an individual, as a private citizen, or as an officer; or by a body of men, as a legislature, a council, or a court of justice; including not merely physical acts, but also decrees, edicts, laws, judgments, resolves, awards, and

determinations.

Instrument in Writing.

An instrument in writing to verify facts. Webster. It is used in this sense to signify published acts of assembly, congress, etc. In a sense approaching this, it has been held in trials for treason that letters and other written documents were acts. 1 Fost. C. C. 198; 2 Starkie, 116.

In Civil Law.

A writing which states in a legal form that a thing has been done, said, or agreed. Merlin, Repert.

- Private Acts.

Private acts are those made by private persons as registers in relation to their re

ACT IN PAIS

ceipts and expenditures, schedules, acquit

tances, and the like. Code, 7. 32. 6; Code, 4. 21; Dig. 22. 4; Civ. Code La. arts. 2231-2254; 8 Toullier, Dr. Civ. 94. Acts under private signature are those which have been made by private individuals, under their hands. An act of this kind does not acquire the force of an authentic act by being registered in the office of a notary (11 Mart. [La.] 243; 5 Mart. [La.; N. S.] 693; 8 Mart. [La.] 568; 3 Mart. [La.; N. S.] 396; 3 La. Ann. 419), unless it has been properly acknowledged before the officer by the parties to it (5 Mart. [La.; N. S.] 196).

- Public Acts.

Public acts are those which have a public authority, and which have been made before public officers, are authorized by a public seal, have been made public by the authority of a magistrate, or which have been extracted and been properly authenticated from public records.

In Scotch Practice.

As a noun, an abbreviation of actor (proctor or advocate, especially for a plaintiff or pursuer), used in records. "Act. A. Alt. B." an abbreviation of Actor, A. Alter B.; that is, for the pursuer or plaintiff, A., for the defender, B. 1 Brown, 336, note; 2 Brown, 144, note; 2 Brown, 507, note.

As a verb, to do or perform judicially; to enter of record. Surety "acted in the books of adjournal." 1 Brown, 4.

ACT IN PAIS.

An act performed out of court, and which is not a matter of record.

A deed or an assurance transacted between two or more private persons in the country, that is, according to the old common law, upon the very spot to be transferred, is matter in pais. 2 Bl. Comm. 294. See "In Pais."

ACT OF CURATORY.

In Scotch practice. The act extracted by the clerk, upon any one's acceptance of being curator. Forbes, Inst. pt. 1, bk.

ACT OF GOD

1, c. 2, tit. 2; 2 Kames, Eq. 291. Corresponding with the order for the appointment of a guardian, in English and American practice.

ACT OF GOD.

A thing which could not reasonably have been anticipated. Ohio & M. Ry. Co. v. Ramey, 139 Ill. 13.

Something superhuman, or something in opposition to the act of man. Merchants', etc., Co. v. Smith, 76 Ill. 544; Chicago & N. W. Ry. Co. v. Sawyer, 69 Ill. 289; Indiana, I. & I. R. Co. V. Hawkins, 81 Ill. App. 572.

Inevitable accident, without the intervention of man. Parmelee v. Lowitz, 74 Ill. 117. To a similar effect see Gi!lett v. Ellis, 11 Ill. 580.

An event which could not happen by the intervention of man; such as death, storm, earthquake, extraordinary flood, etc.; such inevitable accidents as cannot be prevented by human care, skill or foresight, but which result from natural causes, such as lightning and tempest, floods and inundation. Indiana I. & I. R. Co. v. Hawkins, 81 Ill. App. 571.

Intervening Human Agency.

"If there is any intervening human agency which contributes to cause the damage it cannot be considered as caused by an act of God." Sandy v. Lake S. E. R. Co., 235 Ill. 202; Welfelt v. Illinois C. R. Co., 149 Ill. App. 326.

Result of Unavoidable Cause.

A loss or injury is due to the act of God when it is occasioned exclusively by natural causes such as could not be prevented by human care, skill and foresight. Providence, etc., Co. v. Western, etc., Co., 247 Ill. 89; Wald v. Pittsburg, C. C. & St. L. R. Co., 162 Ill. 551; Providence v. Western, etc., Co., 153 Ill. App. 122; Welfelt v. Illinois C. R. Co., 149 Ill. App. 326; Chicago v. Smith, 95 Ill. App. 339.

Unprecedented Flood.

Floods of unprecedented extent, against which human foresight cannot

Pope-2

ACKNOWLEDGMENT MONEY

Dods. Adm. 174, 184; 1 Hagg. Adm. 1, note.

ACT WITHIN THIS STATE AS A CORPORATION.

Quo Warranto Act.

Persons "act within this state as a corporation," within the meaning of section 1 of the Quo Warranto Act (J. & A. 8687) if, in forming an association for engaging in the insurance business, they limit their liability to the amount of money contributed by each and assume to give perpetuity to the business by making membership certificates transferable by the assignment of the member or his personal representatives, notwithstanding the fact that such persons may be legally liable on any policy they may have issued since such acts can only be done by a corporation. Greene v. People, 150 Ill. 514.

ACTE.

In French law. Denotes a document, or formal, solemn writing, embodying a legal attestation that something has been done corresponding to one sense or use of the English word "act." Thus, actes de naissance are the certificates of birth, and must contain the day, hour, and place of birth, together with the sex and intended Christian name of the child, and the names of the parents and of the witnesses. Actes de mariage are the marriage certificates, and contain names, professions, ages, and places of birth and domicile of the two persons marrying, and of their parents; also the consent of these latter, and the mutual agreements of the intended husband and wife to take each other for better and worse, together with the usual attestations. Actes de deces are the certificates of death, which are required to be drawn up before any one may be buried. Les actes de l'etat civil are public documents. Brown.

ACKNOWLEDGMENT MONEY.

In English law. A sum paid by tenants of copyhold in some parts of Eng

ACQUETS

land, as a recognition of their superior lords. Cowell; Blount. Called a fine by Blackstone. 2 Bl. Comm. 98.

ACQUETS.

In civil law. Property which has been acquired by purchase, gift, or otherwise than by succession.

Immovable property which has been acquired otherwise than by succession. Merlin, Repert.

The profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labor of both husband and wife, and of the estates which they may acquire during the marriage, either by donations, made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two, and not of both. Civ. Code La. art. 2371.

ACQUIESCENCE.

A silent appearance of consent. Worcester.

It is to be distinguished from avowed consent, on the one hand, and from open discontent or opposition, on the other. It amounts to a consent which is impliedly given by one or both parties to a proposition, a clause, a condition, a judgment, or to any act whatever.

It imports an assent which, though implied, is to some extent active, and is to be distinguished from laches, which is mere passive neglect. 69 Cal. 255.

Defined.

ACQUISITION.

The act by which a person procures the property of a thing.

The thing the property in which is secured.

Original.

Original acquisition is that by which a man secures a property in a thing which is not at the time he acquires it, and in its then existing condition, the property

ACTIO

of any other individual. It may result from occupancy. (1 Bouv. Inst. note 490; 2 Kent, Comm. 289), accession (1 Bouv. Inst. note 499; 2 Kent, Comm. 293), intellectual labor,-namely, for inventions, which are secured by patent rights, and for the authorship of books, maps, and charts, which is protected by copyrights (1 Bouv. Inst. note 508.)

Derivative.

Derivative acquisition is that by which property is procured from others, either by act of law or by act of the parties. Goods and chattels may change owners by act of law in the cases of forfeiture, succession, marriage, judgment, insolvency, and intestacy, or by act of the parties, as by gift, will, or sale.

How May Result.

An acquisition may result from the act of the party himself, or those who are in his power acting for him, as his children while minors. 1 N. H. 28. See Dig. 41. 1. 53; Inst. 2. 9. 3.

ACTING AS ATTORNEY FOR THE ESTATE.

Affidavit-Shows Employment by Administrator.

An affidavit under section 81 of the Administration Act, (J. & A. 130) charging that defendant, "acting as attorney for the estate of deceased," collected money, an order for the payment of which is sought, sufficiently shows that the money was collected while acting as attorney for the administrator, and not in pursuance of a previous employment by the deceased. Dinsmoor v. Bressler, 164 Ill. 220.

ACTIO.

In civil law. A specific mode of enforcing a right before the courts of law, e. g., legis actio; actio sacrementi. In this sense we speak of actions in our law, e. g., the action of debt. The right to a remedy, thus: Ex nudo pacto non oritur actio, no right of action can arise upon a naked pact. In this sense we rarely use