Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

ACCUSARE

ACTIO

or

Accusare nemo se debet, nisi coram Act of bankruptcy. An act by the

Deo. No one is bound to accuse doing of which a debtor may be himself, unless before God.

declared a bankrupt. Accusation. A charge of the com- Act of commission. An act of posi. mission of a criminal offense.

tive motion as distinguished from Accusator post rationabile tempus

an omission. non est audiendus, nisi se bene de Act of God. An unusual force of omissione excusaverit. After lapse nature, as an earthquake or a torof a reasonable time, an accuser nado. See 22 Am. St. Rep. 403; should not be heard unless he shall also 4 Ann. Cas. 128.

well have explained his delay. Act of insolvency. An act by the Accused. One charged with having doing of which a debtor may be commited a criminal offense.

declared insolvent. See 5 Biss. Achat or Achate. A purchase.

504; Fed. Cas. No. 9051. Acherset. An old English corn Act of law. Operation of law.

measure, probably equivalent to Act of omission. The failure to perabout eight bushels.

form an act. Acknowledge. To make an acknowl

Act of settlement. An English statedgment.

ute affecting the royal succession. Acknowledgment. A statement made

Act of supremacy. An English statbefore, and certified by, a notary

ute establishing the supremacy of other officer that a deed or other instrument was executed by

the king over the church.

Act of uniformity. A statute esthe person making such statemenț; or a statement by a sub

tablishing uniform services in the scribing witness thus made and

Church of England. certified. See 15 Am. St. Rep. Act on petition. An English sum866.

mary proceeding in admiralty Acknowledgment money. Money paid cases.

to the new lord by a copy hold Acta diurna. Done this day. tenant on the death of the old Daily records of transactions. lord.

Acta exteriora indicant interiora Acquest. Newly acquired property. secreta. One's outward acts show Acquets. That portion of one's prop

his intent. erty which he has not inherited. Acta in uno judicio non probant in Acquiescence. Implied assent.

alio nisi inter easdem personas. Acquietandis plegiis. A writ under The proceedings in one action are

which a surety could compel a not evidence in another unless it creditor to release him when the is between the same parties. debt had been paid.

Acta publica. Matters of public Acquietantia. Acquittance; dis- concern. charge.

Actio. An action at law; a right to Acquietare. To acquit. Acquietatus. Acquitted.

Actio ad exhibendum. A Romar Acquired allegiance. The allegiance law action to compel the producof a naturalized citizen.

tion of goods in the defendant's Acquittal. Discharge; release; ex- control. oneration.

Actio bonae fidei. An action in good Acquittance. A written discharge of faith.

an obligation. See 31 Am. Rep. Actio commodati contraria. A 679.

Roman law action by a borrower Act. A thing done or established. against a lender to enforce their A statute.

contract. 5

on

sue.

ACTIO

ACTION

Actio communi dividundo. A Roman Actio non ulterius. The plaintiff

law action seeking the division of should not be allowed further to common property.

pursue his action. Actio condictio indebitati. A Roman Actio personalis. A personal action. law action to recover a payment

See Personal Action. made by mistake.

Actio personalis moritur cum perActio depositi contraria. A Roman sona. A personal action dies with

law action by a depositary against the person. See VII Eng. Ruling a depositor to enforce their con- Cases, 543; also 9 L. R. A. tract.

(N. S.) 1078. Actio depositi directa. An action by Actio praescriptis verbis. Roman the depositor against the deposi

law action founded upon usage or tary to recover the goods de

precedent. posited.

Actio pro socio. A Roman law acActio ex conducto. A Roman law

tion by one partner against the

others to enforce their partnership action by a bailor against a bailee

agreement. to recover goods hired.

Actio redhibitoria. A Roman law Actio ex contractu. An action

action by the vendee to rescind a founded upon a contract.

sale. Actio ex delictu. An action founded Actio rescissorian A Roman law acupon a tort.

tion to recover property lost by Actio familiae erciscundae. A prescription.

Roman law action seeking parti- Actio stricti juris. An action in tion of an inheritance.

which the court followed the let. Actio in factum. A Roman law ac- ter of the law.

tion similar to an action on the Actio utilis. An action brought by case at common law.

the holder of the legal title in beActio in rem. An action against a half of the beneficiary thereof.

thing; for the recovery of a thing Actio venditi. A Roman law action or the establishment of a right by the buyer of goods against the independent of contract.

seller to enforce the contract of Actio judicati. A Roman law action sale.

to enforce the payment of a judg. Actio vulgaris. A Roman law term ment.

for a common action. Actio mandati. A Roman law action

Action. A proceeding before a court founded upon a mandate.

of law to establish one party's Actio mixta. An action against both right against another. See 37 a person and his property.

N. H. 457. Actio nihil aliud est, quam perse

Action in personam.

personal acquendi, quod sibi debetur,

An ac- tion. tion is one's right to seek that Action in rem. An action for the which is due him.

recovery of a thing or to estabActio nominata. An action with a lish a right or title independent of

name as distinguished from an ac- contract. See 44 Ohio St. 613, 10 tion on the case.

N. E. 160. Actio non. A statement in a special Action of assize. A real action for

plea that the plaintiff has no ac- the recovery of land of which the tion.

plaintiff's ancestor had been dis. Actio non accrevit infra sex annos. seised.

The action has not accrued within Action of book debt. An action six years.

based upon a book account. Actio non datur non damnificato. No Action on the case. A common-law action is given to one not injured. remedy for injury consequentially

6

ACTIONABLE

ACYA

[ocr errors]

no one.

resulting to the person, property

Actum. A deed. or reputation, from the commission

Actum legitimi non recipiunt modum. of a tort, in cases where trespass Lawful acts admit of no qualificawill not lie. Same as “Trespass tion, on the Case,” and “Case.” See 18

Actus. A right of way. Johns. (N. Y.) 257, 9 Am. Dec. 210.

Actus curiae neminem gravabit. Actionable. That for which an ac

The act of the court shall oppress tion lies. Actionable per se. Actionable with- Actus Dei nemini facit injuriam. out proof of special damage.

An act of God does not violate Actionum genera maxime sunt ser- anyone's legal right. See 2 L. R.

vanda. The kinds of actions A. 544.

should be particularly preserved. Actus inceptus cujus perfectio pendet Active trust. One in which active ex voluntate partium, revocari

duties are to be performed by the potest; si autem pendet ex voluntrustee with reference to the con- tate tertiae personae, vel ex conveyance, evidencing an intention tingenti, revocari non potest. An that the primary use of the prop- act the completion of which deerty shall be in the trustee. See pends upon the will of the parties 62 L. R. A. 380.

may be revoked, but if it depends Acton Burnell. An old English stat- upon the will of third parties or

ute named from the place where it upon a contingency, it cannot be was passed and provided a proce- revoked.

dure for the collection of debts. Actus judicarius coram non judice Actor. A Roman law term denoting irritus habetur; de ministeriali a pleader or advocate; the plaintiff autem a quocunque provenit ratum in an action.

esto. A judicial act by one not a Actor qui contra regulam quid ad- judge is void; a ministerial act

duxit non est audiendus. An ad- from whomsoever it proceed is vocate should not be heard who valid. argues contrary to law.

Actus legis nemini est damnosus. Actor sequitur forum rei. The plain- An act of the law shall not harm

tiff follows the forum of the thing anyone. in controversy. See 32 L. R. A. Actus legitimi non recipiunt modum. 236.

Acts required by law do not admit Actore non probante reus absolvitur. of qualification.

A defendant is exonerated by the Actus me invito factus, non est meus failure of the prosecution to prove

actus. An act done by me against its case. See 31 L. R. A. (N. S.) my will is not mine. 1166.

Actus non facit reum, nisi mens sit Actrix. A female plaintiff.

rea. No act is a crime unless Acts of sederunt. Certain rules of there be criminal intent. See 25

court made by judges of the L. R. A. (N. S.) 661. Scotch court of session.

Actus repugnus non potest in esse Actual compulsion. Unlawfully and produci. A repugnant act is of no

forcibly compelling one to do an effect. act.

Actus servi in iis quibus opera ejus Actual damages. Amount of loss or communiter adhibita est, actus

injury, as distinguished from puni. domini habetur. The act of a sertive or exemplary damages.

vant in the sort of work in which Actuarius. The author of a statute. he is generally employed is that Actuary. The manager of a

of the master. pany.

Acya. Hate; malice. 7

com

AD

AD

Ad. At; to; before; near; for; of; Ad filum aquae. To the thread or until; within.

center of the stream. Ad abundantiorem cautelam. For Ad filum viae. To the thread or greater caution.

center of the way. Ad admittendum clericum. A writ Ad finem. To the end.

by which a bishop was required to Ad finem litis. To the end of the admit and institute the clerk of litigation, the party who has been success- Ad firmam. To farm. ful in a contest for an office. See Ad gaolas deliberandas. To make a 3 Bl. Comm. 250.

jail delivery. Ad aliud examen. To another tri. Ad gravamen. To the damage. bunal.

Ad hominem. To the man; personal. Ad aluim diem. At another day. Ad hunc diem. At this day. Ad assisas capiendas. At the sum

Ad idem. To the same effect. moning of the assizes. See 3 Bl. Ad inde requisitus. From thence reComm. 185.

quired. Ad audiendum et terminandum. To Ad infinitum. Without end. hear and determine.

Ad inquirendum. A writ commandAd barram. At the bar.

ing an inquiry or investigation. Ad captum vulgi. By common un- Ad instantiam. At the instance. derstanding.

Ad interim. In the meantime. Ad colligendum bona defuncti. For Ad judicum. To judgment.

the collection of the goods of the Ad jungendum auxilium. To join in decedent.

aid. Ad communem legem. An old writ Ad jura regis. A writ by one hold

by which a reversioner could se- ing a living from the king directed cure land from the alienee of the against those seeking to deprive deceased life tenant.

him of it. Ad comparendum. To appear.

Ad largum. At large. Ad compotum reddendum. To render Ad litem. During the pendency of an account.

the action. Ad curiam. Before or to the court. Ad lucrandum vel perdendum. For Ad custagia. At the costs.

profit or loss. Ad custum. At the cost.

Ad majoram cautelam. For greater Ad damnum. To the damage.

caution. Ad damnum clause. That part of a Ad manum. At hand. declaration which sets forth the Ad medium filum aquae.

To the amount of the plaintiff's damage. center or thread of the stream,

See 75 Conn. 650, 55 Atl. 177. Ad medium filum viae. To the center Ad defendendum. To defend.

or thread of the way. Ad diem. At a day.

Ad melius inquirendum. A writ orAd ea quae frequentius accidunt jura dering a further inquest.

adaptantur. Laws are adapted to Ad mordendum assuetus. Accusthose cases which more commonly tomed to bite. occur.

Ad nocumentum. To the nuisance. Ad effectum sequentem. To the fol- Ad officium justiciariorium spectat, lowing effect.

unicuique coram eis placitanti jusAd exhaereditationem. To disin- titiam exhibere. Judges are heritance.

pected to show justice to everyone Ad exitum, At the end; at issue. who pleads before them. Ad factum praestandum. A Scotch Ad ostium ecclesiae. At the church

law obligation of a very binding door. nature.

Ad proximum antecedens fiat relatio, Ad fidem. An allegiance.

nisi impediatur sententia. Refer8

ex

AD

ADJECTIVE

answer

ence should be made to the matter Ad tristem partem strenụa est susnext preceding unless the meaning picio. Suspicion rests heavily on is thereby destroyed.

the unfortunate side. Ad quaestionem facti non respondent

Ad tunc et ibidem. Then and there. judices. Judges do not pass upon

Ad ultimam vim terminorum. To the questions of fact. See 26 L. R. A.

extreme limit of the terms. 289.

Ad unguem. Perfectly.

Ad usum et commodum. For use and Ad quaestiones juris respondent judi

benefit. ces; ad quaestiones facti respondent

Ad valorem. According to value. juratores. Judges answer

Ad ventrem inspiciendum. A writ questions of law; jurors answer

for the examination of a woman questions of fact. See XX Eng.

to determine the question of her Ruling Cases, 630.

pregnancy. Ad quaestiones facti non respondent Ad vitam aut culpam. For or durjudices; ad quaestiones legis non

ing good behavior. respondent juratores. Judges do Ad voluntatem domini. At the will not questions of fact;

of the master. jurors do not answer questions of Addicere. To condemn. law. See XX Eng. Ruling Cases, Additio probat minoritatem. Exag. 630.

geration indicates inferiority. Ad quem. To which.

Addition. Some title or description Ad quod curia concordavit. To written after a man's name for which the court agreed.

certainty of identification. See 1 Ad quod damnum. A writ under

Met. (Mass.) 151. which a license from the king was

Additional. Added, supplemental,

See obtained. See 2 Bl. Comm. 271.

coming by way of addition. Ad quod non fuit responsum. To

Ann. Cas. 1912C, 1007.

Additions. A separate building conwhich there was no answer.

nected to a main one by a passageAd rationem ponere. To cite to ap

way held to be an addition thereto. pear.

See 3 L. R. A. (N. S.) 156. Ad recte docendum oportet, primum Address. The designation of the

inquirere nomina, quia rerum cog- court in a bill in equity. nitio a nominibus rerum dependet. Adeem. To effect an ademption. For the proper understanding of Ademption. The avoidance of a thing, it is well first to inquire legacy by an act of the testator. into the names, because a knowl- See 95 Am. St. Rep. 343. edge of things depends upon their Adeprimes. First. names.

Adequate provocation. Conduct Ad rem. Against the thing.

which so excites a man's passion Ad reparationem et sustentationem. as practically to enthrall his reaFor repair and keeping in order.

See 71 Am. St. Rep. 553. Ad respondendum. To answer.

Aderere. In arrears. Ad satisfaciendum. To satisfy. Adesouth. Underneath. Ad sectam. At the suit of. Abbre- Adherence. A Scotch action to reviated “ads."

store marital rights. Ad terminum annorum. For a term Adiratus. Lost; strayed.

Aditus. A right of entrance. Ad terminum qui praeteriit. A writ Adjacent. Land separated by a dis

which the lessor could use to se- tance of fifty-five feet is not adcure possession when refused by jacent. See Ann. Cas. 1913B, 167. the lessee after the expiration of Adjective law. Law regulating prohis lease.

cedure. 9

a

son.

of years.

« ΠροηγούμενηΣυνέχεια »