Page:Black's Law Dictionary (Second Edition).djvu/21

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ACCEPTANCE 13 Ian on whom a bill of exchange is drawn (called the “drnwee") assents to the request of the drawer to pay it, or, in other words, engages, or makes himself liable. to pay it when due. 2 Bl. Comm. 469: Co): v. National Iianli. 100 U. S. 704. 25 L. Ed. 739. It may be by pnrol or in writing, and either general or special, absolute or conditional; and it may be impliedly, as well as expressly, given. 3 Kent. Comm. 63, 85; Story, Bills, §§ 238, 251. But the usual and regular mode of accsptance is by the drawee's writing across the face of the hill the word “accepted." and subscribing his name: after which he is te1 med the acceptor. Id. § 243.

The following are the principal varieties of acceptances:

Absolute. An express and positive agreement to pay the bill according to its tenor.

Conditional. An engagement to pay the bill on the happening of a condition. Todd V. Bank of Kentucky, 3 Bush (Ky.) 628.

Empress. An absolute acceptance.

Implied. An acceptance inferred by law from the acts or conduct or the drawee.

Partial. An acceptance varying from the tenor of the bill.

Qualified. One either conditional or partial, and which introduces a variation in the sum, time, mode, or place of payment.

Supra protest. An acceptance by a third person, after protest of the bill for non-acceptance by the drawee, to save the honor of the drawer or some particular indorser.

A general acceptance is an absolute acceptance precisely in conformity with the tenor of the bill itself, and not qnalified by any statement, condition, or change. Rowe r. Young. 2 Brod. S: B. 160; Todd v. Bank of Kentucky, 3 Bush (Ky.) 628.

A special acceptance is the qualified acceptance of a bill of exchange, as where it is accepted as payable at a particular place

“and not elsewhere." Rowe v. Young, 2 Biod. & B. ISO. {{anchor+|.|ACCEPTANCE AU BESOIN. Fr. in

French law. Acceptance in case of need; an acceptance by one on whom a hill is drawn au bcsoin. that is. in case of refusal or failure of the draweo to accept. Story, Bills, §§ 65, 254, 2.35.

AOCEPTARE. Lat. In old pleading. To accept Acccptu-oil, he accepted. 2 Strange. S17. Non aoceptanit, he did not accept 4 Man. & G. T.

In the civil law. To accept; to assent: to assent to a promise made by another. Gro. ds 1. B. lib. 2. c. 11, § 14.

{{anchor+|.|ACCEPTEUR PAR INTERVENTWON. In French law. Acceptor or a bill for honor.

{{anchor+|.|ACCEPTILATION. In the cixil and Scotch law. A release made by a creditor to his (lchtor of his debt, without receiving any consideration. Ayl. Pnnd. tit. 26, p. 570. It


is a species of donation, but not subject to the forms of the latter, and is valid unless in fraud of creditors. Merl. Repert.

The verbal extinction of a verbal contract, with a declaration that the debt has been paid when it has not; or the acceptance of omething merely imaginary in satisfaction of a verbal contract Sandars' Just. last. (5th Ed.) 386.

{{anchor+|.|ACCEPTOR. The person who accepts a

bill of exchange, (generally the drawee-_) or C

who engages to be primarily responsible for its payment.

{{anchor+|.|ACCEPTOR SUPRA PROTEST. One who accepts a bill which has been protested. for the honor of the drawer or any one of the indorsers.

{{anchor+|.|ACCESS. Approach: or the means, pow- er, or opportunity of approaching. Sometimes importing the occurrence of sexual intercourse: otherwise as importing opportunity of communication for that purpose as between hushand and w'l.i'e.

In real property law, the term “access" denotes the right vested in the owner of


land which adjoins a road or other highway F

to go and return from his own land to the highway without obstruction. Chicago. etc., It. Co. 17. Milwaukee. etc., R. Co.. 95 Wis 561, 70 N. W. 678, 37 L. R. A. 856, 60 Am. St. Rep. 136: Ferguson v. Covington. etc.. R. Co., 108 Ky. 662. 57 S. W. 460; Reining v. New York. etc., R. Co. (Super. Bntf.) 13 N. Y. Bupp. 238.

{{anchor+|.|ACCESSARY. In criminal law. Contributing to or aiding in the commission of a crime. One who, without being present at the commission of a felonious offense. becomes guilty of such offense. not as a chief actor, but as a participator, as by command, advice. instigation, or concealment; either before or after the fact or commission: a particnps crim1'n4.!. 4 Bl. Comm. 35; Cowell.

An accessory is one who is not the chief actor in the offense, nor present at its performance, but in some way concerned there- in. either br-fore or after the act committed. Oude Ga. 1882, § 4306. People v. Schwartz. 32 Cal. 160: Fixmer v. ‘People. 15? Ill. 1%, 38 N. E. 667: State 17’. Berger. 121 Iowa. 581. 96 N. W. 1094: People v. Ah Ping. 27 Cal. 489-. United States v. Hartn ell, 26 Fed. Cas. 19S.

Accessiu-y after the fact. An accessary after the fact Is a person who, hav- tag full knowledge that a crime has been committed. conceals it from the magistrate, and harbors, assists, or protects the person charged with, or convicted of, the crime. Code Ga. JSSZ’. § 4308; Pen. Code Cal. § 32.

All persons who, after the commission of any felony, conceal or aid the offender. vsith knoniedge that he has committed a felony and with intent that he may avoid or escape