Page:Black's Law Dictionary (Second Edition).djvu/30

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ACT

transferred. ls matter in pair. 2 Bl. Comm. 29-:1.—Act of attainder. A legislatlve act, attamting a person. See A'r'rA1NnF.B.—Act of bankruptcy. Any act which renders a pe1son liable to be proceeded against as a bankrupt. or for which he may be adjudged bankrupt. These acts are usually defined and classified in statutes on the subicct. Ilunvan v. Landis, 1015 Fed. 839. 45 C. C. A. 666: In re Chapman (D. C.) 99 Fed. 395.—.Act of curntnry. In. Scotch law. The act extracted by the clerk. upon any cne's acceptance of being curator. Fort». Inst pt. 1, b. 1. c. 2. tit. 2. 2 Kame Eq. 291. Corresponding uilh the order for the appointment of a guardian. in English and American pmcticr_=.—Act of God. Inevitable accident; via ma or. Any misadventure or rasnalty is said to be caused by the "act of God" when it happens by the direct. immediate. and exclusive operation of the forces of nature. uncontrolled or unintluencrzd by the power of man and without human intervention, and is of such a character that it could not have been prevented or escaped from by any amount of foresight or pruden c, or by any reasonable degree of care or d gence, or by the aid of any appliances which the situation of the party might reasonably require him to use. Inevit- able uccident, or casualty; any accident pro- duced by any physical cause which is irresistible. sucb as lightning tenmosts. perils of the seas, an inundation, or earthquake; and ulso the sudden illness or death of persons. New Brunswick. etc.. Transp Clo. \. 'h'ers 24 N. J. Low. Dec. 394: “'illi:\ms v. . 7 Am. Dec. 235: Hays v. 41 Pa. 378. S0 Am. Dec. 627 ; Merr' . rle, 29 N. Y. 11.":. 39 Am. Dec. 292; Story. Bnihn. § 25: 2 Bl. Comm. 122; Broom. Max. 10 ct of grace. In Scotch law. A term applied to the act of 1696. c. 32, by which it was provided that where a person imprisoned for a civil debt is so poor that he cannot all- ment [maintain] binlsclf, and will make oath to that elfect. it shall be in the pouer of the magistrates to cause the creditor by nhom he is incarcerated to provide an aliment for him. or cmiscnt to his liberation; whlch, if the credit- or delay to do for 10 days, the magistrate is authorized to set the debtor at liberty. Bell. The term is often used to deslgunts a general act of parliament. origlnnting with the croun. such as has often been passed at the commencement of a new rei,-zn, or at the close of a period of civil tronhles. declaring pardon or amnesty to numerous offenders. Abhott.—Act of hon- or. \\’hen a bill has been protested, and a tbird person wishes to take up, or accept It. for honor of one or more of the parties, the notary dravls up an instrument. evidencing Ilm transaction. called by this name.—Act of Indemnity. A statute by which those who have committed illegal acts which subject them to penalties are protected from the‘ consequences of such acts.—Act of Insolvency. Within the meaning of the national currency act, an act of insolvency is nn act which shows the hank to be insolvent such as non-payment of its circulating note ills of EXClIfil.\f.‘.'€, or certif- icates of deposit: failure to make good the impairment of capital, or to keep good its surplus or reserve; In fact, any act which shows that the bank is unable to meet its linbilities as they mature, or to perform those duties which the law imposes for the purpose of sustaining its credit. In re l\Innufacl'urers' Nat. Bimlz, Biss. 504. Fed. Cas. No. 9.031: Hayden v. Chemical Nat. Bank. 81 Fed. S74. 28 C. C. A. 5~1\'.—Act of law. The operation of fixed le_za.l rules upon given fncts or occurrences, prodncin consequences independent of the design or nil of the parties concerned: as distinguished from "act of parties." Also an act performed by ju- ilieial authority wbich prevents or [)l'eCiLl(lES a party from fulfilling a conI.'r.1ct or other on- gagement. Taylor v. 'I‘uintor. 16 Wall. 366. 21

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22 ACTA IN UNO

L. Ed. 2S7.—Act of parliament. A statute. law, or edict, made by the British sovereicn. _with the advice and consent of the lords spiri-_tual and tsmporal, and the commons, in par- liament assembled. Acts of parllnmenl; form the logos .9c'riptw, i. 9., the written laws of the kin._';‘d0m.—Act of providence. An accident against which ordinary skill and foresigbt could not guard. 'oy v. Danley. 20 Pa. 91. 57 Am. Dec. 630. Equivalent to “act of God.‘ see eupra.—Act of s e. In Louisiana law. An official record of a sale of property. made by a notary who writes down the agreement of the parties as stated by them, and which is then signed by the parties and attested by witnesses. Hoilge v. Palms. 117 Fed. 396. 54 C. C. A. 510. —Act of settlement. The stotuts [12 & 13 Wm. III. c. 2) limiting the crown to the Pricness Sophla of Hanover, and to the heirs of her body being Prnt.estnnts.—Act of state. An act done by the sovereign power of a country. or by its delegate, within the limits of the owcr vested in bim, act of state cannul. uestroned or made the subject of legral proceerings in a court of law.—Aet of suprem- ncy. The statute (1 Ella. c. 1) by which the supremacy of the British craun in ecclesiastical matters within the realm was declared and est£lblished.—Aot of uniformity. In English law. The statute of 13 & 14 Car. II. c. 4. enacting that the book of common prayer, as then recently revised, should be used in every parish church and nther place of public worship, and otherwise ordaininz n. uniformity in religious services. etc. 3 Steph. Comm. 10—1.—Act of union. In English law. The statute of 5 Anne. c. S, by which the articles of union between the two kin:-loms of Enzlnnd nnd Scot- land were ratified and eonfirmcd. 1 Bl. Cvomm. 9T.—Px'ivs.te net. statute operating only npcn particular persons and prlvate concerns, and of which the courts are not hound to take notice. Unity v. Bnrruge. 103 U. S 454. 26 L. Ed. 405: Fall Brook Coal Co. v. L_vnch. 47 How. Pruc. (N. Y.) 5"0' Swsser v. l\Inrt.in. 101 Ga. 447. 29 S. E. "9.—Pnbl.Ic set. A uni- versnl rule or law that regards the whole com- munity, and of which the courts of law are bound to take notice judiclally and ea: officm without its being particularly pleaded. 1 Bl. Comm. 86. See People v. (‘hautnuqua Counrv. 43 N. Y. 1 Sasser v. Martin. 101 Ga. 4-1 ‘.39 S. 8: Bank of Nowherry v. Grecm & . 9 Rich, Law (S. C.) 496: v. I. 9. Mich. 151, 57 N. W. 1004. 2'.’ L. R. A. 696, 41 Am. St. Rep. 539: Flnlt v. Birmingham. 111 A121. 369. 1'.) South. 7355.

{{anchor+|.|ACT ON PETITION. A form of sum- mary proceeding formerly in use in the high court of admiralty. in England. in which the parties stated their respective cases in-ieflv and supported their statements by aflidavit. 2 Dod Adm. 174. 184; 1 Hagg. A(l.l1). 1. note

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{{anchor+|.|ACTA DIURNA. Lat In the Roman law. Dally acts; the public rglstcrs or journnls of the daily proceedings of the senate, assemblies of the people. courts of justice, etc. Supposed to have resembied a modern newspaper. Brande.

Acts exteriors indieant inter-iorn necreta. S Coke. 1461;. External acts indlcate undisclosed thoughts.

Aotn in uno judicio non probant in alio nisl Inter easdem personss. Things done In one action cannot be taken as evi- dence in another, unless It be beiween the

same parties. Tray. Lat. Max. 11.