Page:Black's Law Dictionary (Second Edition).djvu/29

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AOQUITTAL

acquitted by the jury but by the judgment of Burgess v_ Boetefeur 7 Man. _& G. 481, 504: People v. Lyman, 53 App. DIV. 470. 65 N. Y. Supp. 1062. And be may be legally acquitted by a judgment rendered other- wise thin: in pulsuance of a verdict, as where he is fliS«'.'llill','fed by a ina,';'istrate because of the insnificiency of the evidence, or the indictment is dismissed by the court or a nol. pros. entered. Junction City v. Kcetfe. 40 Ron. 21:5. 19 Pac_. 1..-3' People v. Lyinnn, 53 App. Div. 470. 60 N. Y. Supp. 1062; Lee v. State. 2ft Ark. 200, 7 Am. Rep. 611; .\I'ur;:un County v. Johnson. 31 1nd. 453. But compare \‘\'ilson v. Coi.n., 3 Busb (K ) 105; State v. Champeau, 52 Vt. 313. 315. 31'. Am. Rep. ‘T-34.

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

Arquittals in law are those which take place by mere operation of law; as where a man hus been charged merely as an accessiiry, and the principal has been acquitted. 2 Co. inst 364.

In feudal law. The obligation on the part of a mesne lord to protect his tenant from any claims. entries, or molest-ations by iords paramount arising out of the services due to them by the mesne lord. See Co. Lltt. 100:1.

{{anchor+|.|ACQUITTANCE. In contracts. A written discharge, wherelly one is freed from an obligation to piiy money or perform a duty. it dilfcrs from a release in not requiring to be under seal.

This word, though perhaps not strictly speak- |n,: synonymous with “rcccipt," _includes it. A receipt is one‘ form of an acquittance; a dischiirge is another. A receipt in full is an ac- qnittance, and a receipt for a part of a demaml or nlilication is an ncquitiance pro nmto. State v. Shelters. 51 Vt. 104, 3] Am. Rep. 679.

A C Q U I '1‘ '1‘ E D. Released: absolved; purged of an accusation; judicially discharg- ed frnm accusation; released from debt, etc. Includes both civil and criminal prosecutions. Dolloway v. Turriil, 26 Wend. (N. Y.) 383, 399.

{{anchor+|.|ACRE. A quantity of land containing 160 square rods of land. in whatever shape. Sam. Lnnd Laws Pa. 185; Cro. Eliz. 476, 665; 6 Coke, 67; Poph. 55: Co. Lltt. 5b.

Originally the word “acre" (accr, ulcer, or Sex, ax-tr) was not used as :1 measure of land. or to signify any determinate quantity of land, but to denote any open ground, (lrztum qilll'I1- tumrts ar;1um,) wide champaign, or field: which is_ sriil the meaning of the GeI‘l.I:l'|n at-km‘. dc- rivcd probably from the same source, and is fires:-rved in the names of some places in Eng-

nd, as Castle Al.re_ South Acre, rte. Burriii.

{{anchor+|.|ACREFIGHT, or ACRE. A camp or held fight; a sort of duel, or iudiclai combat, aiiciently fought by simtle combatants, En- giisii and Scotcii, inetu een the frontiers of the two kingdoms with sword and lance Called “eampfight." and the conil-auuits "champions,“ from the open [low that was the stage or trial. Cowell.

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{{anchor+|.|ACT

{{anchor+|.|ACROSS. Under a grant of a right of way across the plalntitrs lot of land, the grantee has not a right to enter at one place, go partly across, and then come out at an- othcr place on the same side of the lot. Com- tocl: v. Van Deusen, 5 Pick (Mass) 163. See Brown v. Mendy, 10 Me. 391, 23 Am. Dec. 248.

{{anchor+|.|ACT, 1:. In Scotch practice. To do or perform judicially; to enter or record. Surety

“acted in the Books of Adjourn. ." 1 Broun. 4. {{anchor+|.|ACT, n. In its most general sense. this

noun signifies something done voluntarily by a person: the exercise of an individuai‘s pnwer; an ettect produced in the exteinal world by an exercise of the power of a person objectively, prompted by intention, and proximately caused by a motion of the will. In a more technical sense, it means something done voluntarily by It person, and of such a nature that certain legal consequences attach to it. Duncan v. Landis. 106 Fed. 839. 45 C. G. A. 666. Thus a giantor acknowl- edges the conveyance to be his "act and deed." the terms being synonymous.

In the civil law. An act is a writing which states in a legal form that a thing has been said, done, or agreed. Merl. Repert.

In practice. Anything done by 11 court and reduced to writing; a decree, juilgnient. resolve. rule. order, or other Judicial proceeding. In Scotch low, the orders and decrees of a court, and in French and German law, all the records and documents in an action. are coiled “acts."

In legislation. A written law, forrna.l]_v ordained or passed by the legislative power of a state, called in England an “act of par- liament.” and in the United States an “act of congress,” or of the "legislature " a statute. People v. Tiphaine, 3 Parker, C . It. (N. Y.) 241; United States v. Smith, 27 Fed. Cas. 1167

Acts are either piibiic or private. Public acts (also called general acts, or generai statutes, or statutes at large) are those which relate to the couiuiunity generally, or establish a uniieisai rule for the governance of the whole body poll- tic. Private acts (formerly called special, Co. Litt. 12154) are those which relate either to particuiar poisons (personal acts) or to particular places, [local acts.) or which operate only upon specified individuals or their priiate concerns.

In Scotch practice. An abbreviation of actor. (proctor or advocate. especially for :i pliilntllf or pursuer,) used in records. “.~lr:t. A. .-lit. B." an abbreviation of Actor. A. Alter. 1%.: that is, for the pursuer or plaintitf, A., for the defender, B. 1 Broun, 336, note.

—Act hook. In Scotch practice. The minute book of a court. 1 Swin. Sl.—-Act in pain. An act done or performed out of court, and nut a matter of record. A deed or an assur- ance tronsacred between [no or more private persons in the country, that is, according to the old common law. upon the very spot to be

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