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

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ACKNOWLEDGEMENT
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ACQUITTAL

acts, and conduct 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. —Acknowledgment money. A sum paid in some parts of England by copyhold tenants on the death of their lords, as a recognition of their new lords, in like manner us money is usually paid on the attornment of tenants. Cowell. —Separate acknowledgment. An acknowledgment of a deed or other instrument. made by a married woman, on her examination by the officer separate and apart from her husband.

ACOLYTE. An inferior ministrant or servant in the cerenionles of the church, whose duties are to follow and wait upon the priests and deacons, etc.

ACQUEST. An estate acquired newly, or by purchase. 1 Reeve, Eng. Law, 56.

ACQUETS. In the civil law. Property which has been acquired Ivy purchase, gift, or otherwise than by succession. Immovable property which has been acquired otherwise than by succession. Merl. Report.

Profits or gains of property, as between husband and wife. Civil Code La. § 2369; Comp. Laws N. M. § 2030.

ACQUIPSCE. To give an lmplled consent to a tniusaction, to the accrual of a right, or to any act, by one's mere silence, or without express assent or acknowledgment Matthews v. Murchison (C. C.) 17 Fed. 760; Cass County v. Plotner. 149 Ind. 116, 48 N. E. 635; Scott v. Jackson, 89 Cal. 258, 26 Pac. 898.

ACQUIESCENCE. Acquiescence is where a person who knows that he is entitled to impeach a a transaction or enforce a right neglects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right. Scott v. Jackson, 89 Cal. 258. 26 Inc. 89 Lowndes v. Wicks. (:9 Conn. 15. 36 Atl 1072 , Norfolk & W. R. Co. v. Perdue. 40 W. Va. 442, 21 S.E. 755 Pence v. Lsingdon, 99 U. B. 578, 25 L. Ed. 420.

Acguiesence and laches are cognate but not equivalent terms. The former is a submission to, or rating satisfied with, an ecisting stale of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches imports a merely passive assent, while acquiescence implies active assent. Lux v. Hongin. 69 Cal. 255, 10 Pac. 678; Kenyon v, National Life Ass'n 39 App. Div 276, 57 N. Y. Supp 60; Johnson—Brinkman Commission Co v. Missouri Pac. R. Co., 126 Mo. 343, 28 S. W. 87, 26 L. R. A. 840, 47 Am. St. Rep 675.

ACQIIIETANDIS PLEGIIS. A Writ of justices, formerly lying for the surety against a creditor who refuses to acquit him after the debt has been satisfied. Reg. Writs, 158; Cowell; Blount.

ACQUIRE. In the law of contracts and of descents: to become the owner of property; to make property ones own. Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St. Rep. 17.

ACQUIRED. Coming to an intestate in any other way than by gift, devise or destcent from a parent or the ancestor of a parent. In re Miller's Will, 2 Lee (Tenn.) 54.

Acquired rights. Those which a man does not naturally enjoy, but which are owing to his own procurement, as sovereignty, or the right of commanding, or the right of property. Borden v. State, 11 Ark. 519, 527, 44 Am. Dec. 217.

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 acquired.

Original acquisition is where the title to the thing accrues through occupancy or accession, (q. v.) or by the creative labor of the individual, as in the case of patents and copyrights.

Derivative acquisition 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, judgement, marriage, or succession, or by the act of the parties, as in cases of gift, sale, or exchange.

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

ACQIIIT. A cannon. In French law. Certain goods pay higher export duties when exported to a foreign country than when they are destined for another French part. In order to prevent fraud, the administration 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 receipt of the security is called "acquit à caution." Argles, Fr. Mere. Law, 513.

ACQUITTAL. In contracts. A release. absolution, or discharge from an obligation, liability, or engagement.

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

In a. narrow sense, It is the absolution of a party accused on a trial before a traverse jury Thomas v. De Graffenreid. 2 Nott & McC. (S. C.) 143: Tongue v. Wllks, 3 McCord (S. C.) 461. Properly speaking, however, one is not