Page:Black's Law Dictionary (Second Edition).djvu/28

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ACKNOWLEDGMENT 20

acts, and conrliir-t of the parties, or any other satisfactory evidence that the relation was recognized and admitted. In re Spencer (Sur.) 4 N. Y. Supp. 395; In re Hunt's Estate, 86 Hun. 232, 33 N. Y. Supp. 256; Blythe v. Ayres, 96 Cal. 532, 31 Pac. 915, 19 L B. A. 40; Bailey v. Boyd. 59 Ind. 292. —Aelmowlei1gment money. A sum paid in some parts of England by C0[lVlll\l(l tenants on lhe death of tbnir lords, as a recognition of their new lords, in like manner us money is usually paid on the atlurnnient of tenants. Cowcll.— Separate acknowledgment. An acknowl- edgment of a deed or other instrument. made by a married woman. on her examination by the oliiccr separate and apart from her husband.

{{anchor+|.|ACOLYTE. An inferior niinlstrant or servant in the cerenionles of the church, whose duties are to follow and wait upon the priests and deacons, etc.

{{anchor+|.|ACQIIEST. or by purchase.

An estate acquired newly. 1 Reeve, Eng. Law, 56.

{{anchor+|.|ACQUETS. In the civil law. Property .which has been ncqiilred Ivy purchase, gift, or otherwlse than by succession. Iniinovahle property which has been acquired otherwise than by succession. Merl. Report.

Profits or gains of property, as between husband and wife. Clvil Code La. 5 2360; Comp. Laws N. M. § 2030.

{{anchor+|.|ACQUIPSCE. To give an lmplled consent to a tniusaction, to the accrual of a ilght, or to any act, by one's mere silence, or without express assent or acknowledgment lllatthews v. Murchlson (C. C.) 17 Fed. 760; Cass County v. Plotner. 149 Ind. 116, 48 N. E. (:35; Scott v. Jackson, 89 Cal. 258, 26 Pat: 898.

{{anchor+|.|ACQUIESCENCE. Acquiescence is where a peisun who knows that he is entltled to impeach a lZl‘fll'lS{1(.‘i‘.i0D or enforce a right neglects to do so for such a length of time that, under the circunistances of the case, the other party may fairly infer that he has

waived or abaiidoned his right. Scott v. Jackson, 89 Cal. 258. 26 Inc. 89 Lownrlcs v. Wicks. (:9 Conn. 15. 36 Ati 10i , Nurfoll:

Co. v. Pei-diie. 40 W. Va. 442. 21 Pence v. Lsingdon, 99 U. B. 578, 25

L. Ed. -120.

Azgizieacence and laclica are cognate but not eqniimlcnt terms. The former is a submission to, or rating satisfied with, an erlsting stale of things, while l£lCi.|t‘£ implles a negleu to do that which the party ought to do inr his own benefit or proterlion. Hence lacbcs Lnny be eiidcnce of iicqnicsccnce. IflL'i.]F‘S imports a inrrcly passive nssent, while acqliiescclire implies active assent. Lux v. Hongin. 69 CA].

PM. 678; Keiivnn v, atinn-il Lite 39 -tpp. Div 2 " Y Supp (:0: lolinson—Brinki.n:in (‘omi inn (‘0 v. Missouri

.c. (31).. l2G '\.[o 34 -8 S. W. 870. 26 L. R. A. 840. 47 Am. St. Rep 675. {{anchor+|.|ACQIIIETANDIS PLEGHS. A Writ of

justlces, formerly lying for the surety agalust a creditor who refuses to acquit hi.in after

{{anchor+|.|ACQUITTAL

the debt has been satisfied. Reg. Writs, 158; Cowell; Blount.

{{anchor+|.|ACQUIRE. In the law of contracts and of descents: to become the owner of property; to make property ones own. Wulicn v. San Francisco, 101 Cal. 15, 35 Pac. :5-33, 40 Am. St. Rep. 17.

{{anchor+|.|ACQUIRED. Coming to an lutesfate In any other way than by gift, devise or dost ent from a pal‘elJt or the ancestor of a parent. In re Miller's Will, 2 Lee (Tenn.) 54.

Acquired rightl. Those which a man does not natiiraily enjoy, but which ll1‘e owing to his own prociirenient, as S0\ erelgnty, or the right of coxninnndlng, or the right of property. Borden v. State, 11 Ark. 519, 527, 44 Am. Dec. 217.

{{anchor+|.|ACQUISITION. The act of becoming the owner of certain property; the act by whlch one acquires or procures the property in anything. Used also or the thing ac- quilcd.

Oi-iglmu acquisition is where the titie to the Lhing accrues through occupancy or accesslon, (q. '12..) or by the creative labor of the individual, as in the case of patents and cotlyfights.

Derivative acquisltion is where property in it thing passes from one person to another. It may occur by the act of the law, as in cases of forfeiture, insolvency, intestacy, juzlgnient, inari-lage, or succession, or by the act of the parties, as in cases of gift, sale, or exchange.

{{anchor+|.|ACQUIT. To release, absolve, or discharge one froni an obllgation or a linlilllt) ; or to legally certify the innocence of one charged with crime. Dolloway v. Turrill, 26 Wend. (N. Y.) 333. 400.

{{anchor+|.|ACQIIIT A cannon. In French law. Certain goods piiy higher export duties when exported to a foreign country than when they are destined for another French part. In order to prevent fraud, the nduiinisti-ation compels the shipper of goods sent from one French port to another to give security that such goods shall not be sent to a foreign country. The certificate which proves the recelpt of the security is called “acquit 1) cuut1'zm.” Argles, Fr. Mere. Law, 513.

{{anchor+|.|ACQ'UI'1'].‘AL. In contracts. A release. absolution, or discharge frum an obllgation, llalillity, or engagement.

In criminal practice. The legal and formal certification of the innocence of a person who has been charged with crime: a de- ilicrzince or setting free a person from a charge of guilt.

In 9. narrow sense, It is the nbsnliition of a pnrly accused on :1 trial bi fore a traverse jury Thomas v. De Grnticnrfid. 2 \'-‘ft & \l-'‘(‘. l.\'. (‘I 143: Tongue v. Wllks, 3 McCord (S. C.)

461. Properly speaking, however, one is not