英文法律词典 A-51_法律英语

英文法律词典 A-51

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ACT OF GRACE, Scotch¹ law. The name by which the statute² which provides for the aliment of prisoners confined for civil debts, is usually known.

2. This statute provides that where a prisoner for debt declares upon oath, before the magis trate of the jurisdiction³, that he has not wherewith to maintain himself, the magistrate⁴ may set him it liberty, if the creditor⁵, in consequence of whose diligence he was imprisoned⁶, does not aliment him within ten days after intimation for that purpose. 1695, c. 32; Ersk. Pr. L. Scot. 4, 3, 14. This is somewhat similar to a provision in the insolvent⁷ act of Pennsylvania.

ACT 0F LAW. An event which occurs in consequence of some principle of law. If, for example, land out of which a rent charge has been granted, be recovered by an elder title, and thereby⁸ the rent charge becomes avoided; yet the grantee, shall have a writ⁹ of annuity¹⁰, because the rent charge is made void by due course or act of law, it, being a actus legis nemini est damnosus. 2 Inst. 287.

ACT OF MAN. Every man of sound mind and discretion¹¹ is bound by his own acts, and the law does not permit him to do any thing against it; and all acts are construed¹² most strongly against him who does them. Plowd. 140.

2. A man is not only bound by his own acts, but by those of others who act or are presumed to act by his authority, and is responsible civilly in all such cases; and, in some cases, even when there is but a presumption¹³ of authority, he may be made responsible criminally; for example, a bookseller may be indicted¹⁴ for publishing a libel which has been sold in his store, by his regular salesmen, although he may possibly have had no knowledge of it.

ACTIO BONAE FIDEI, civil law. An action of good faith.

ACTIO COMMODATI CONTRARIA. The name of an action in the civil law, by the borrower against the lender, to compel the execution of the contract. Poth. Pret Usage, n. 75.

ACTIO COMMODATI DIRECTA. In the civil law, is the name of an action, by a lender against a borrower, the principal object of which is to obtain restitution¹⁵ of the thing lent. Poth. Pret. 5, Usage, n. 65, 68.

ACTIO CONDICTIO INDEBITI. The name of an action in the civil law, by which the plaintiff recovers the amount of a sum of money or other thing be paid by mistake. Poth. Promutuum, n. 140. See Assumpsit.

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1 scotch
n.伤口，刻痕；苏格兰威士忌酒；v.粉碎，消灭，阻止；adj.苏格兰(人)的
参考例句：
Facts will eventually scotch these rumours.这种谣言在事实面前将不攻自破。 Italy was full of fine views and virtually empty of Scotch whiskey.意大利多的是美景，真正缺的是苏格兰威士忌。

2 statute
n.成文法，法令，法规；章程，规则，条例
参考例句：
Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。 The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

3 jurisdiction
n.司法权，审判权，管辖权，控制权
参考例句：
It doesn't lie within my jurisdiction to set you free.我无权将你释放。 Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

4 magistrate
n.地方行政官，地方法官，治安官
参考例句：
The magistrate committed him to prison for a month.法官判处他一个月监禁。 John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。

5 creditor
n.债仅人，债主，贷方
参考例句：
The boss assigned his car to his creditor.那工头把自己的小汽车让与了债权人。 I had to run away from my creditor whom I made a usurious loan.我借了高利贷不得不四处躲债。

6 imprisoned
下狱，监禁( imprison的过去式和过去分词 )
参考例句：
He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。 They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。

7 insolvent
adj.破产的，无偿还能力的
参考例句：
They lost orders and were insolvent within weeks.他们失去了订货，几周后就无法偿还债务。 The bank was declared insolvent.银行被宣布破产。

8 thereby
adv.因此，从而
参考例句：
I have never been to that city,,ereby I don't know much about it.我从未去过那座城市，因此对它不怎么熟悉。 He became a British citizen,thereby gaining the right to vote.他成了英国公民，因而得到了投票权。

9 writ
n.命令状，书面命令
参考例句：
This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。 You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。

10 annuity
n.年金；养老金
参考例句：
The personal contribution ratio is voluntary in the annuity program.企业年金中个人缴费比例是自愿的。 He lives on his annuity after retirement.他退休后靠退休金维生。

11 discretion
n.谨慎；随意处理
参考例句：
You must show discretion in choosing your friend.你择友时必须慎重。 Please use your best discretion to handle the matter.请慎重处理此事。

12 construed
v.解释（陈述、行为等）( construe的过去式和过去分词 )；翻译，作句法分析
参考例句：
He considered how the remark was to be construed. 他考虑这话该如何理解。 They construed her silence as meaning that she agreed. 他们把她的沉默解释为表示赞同。来自《简明英汉词典》

13 presumption
n.推测，可能性，冒昧，放肆，[法律]推定
参考例句：
Please pardon my presumption in writing to you.请原谅我很冒昧地写信给你。 I don't think that's a false presumption.我认为那并不是错误的推测。

14 indicted
控告，起诉( indict的过去式和过去分词 )
参考例句：
The senator was indicted for murder. 那位参议员被控犯谋杀罪。 He was indicted by a grand jury on two counts of murder. 他被大陪审团以两项谋杀罪名起诉。

15 restitution
n.赔偿；恢复原状
参考例句：
It's only fair that those who do the damage should make restitution.损坏东西的人应负责赔偿，这是再公平不过的了。 The victims are demanding full restitution.受害人要求全额赔偿。

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