日期:2008-03-06 ACTIO EXCONDUCTIO , civil law. The name of an action which the bailor of a thing for hiremay bring against the bailee, in order to compel him to redeliver the thing hired. Poth. du Contr. de Louage, n. 59. ACTIO DEPOSITI CONTRARIA . The name, of an... 阅读全文>>

日期:2008-03-06 ACT OF GRACE , Scotch law. The name by which the statute 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 th... 阅读全文>>

日期:2008-03-06 ACT OF BANKRUPTCY . An act which subjects a person to be proceeded against as a bankrupt. The acts of bankruptcy enumerated in the late act of congress, of 19th Aug. 1841, s. 1, are the following: 1. Departure from the state, district, or territory... 阅读全文>>

日期:2008-03-06 ACT , evidence. The act of one of several conspirators, performed in pursuance of the common design, is evidence against all of them. An overt act of treason must be proved by two witnesses. See Overt. 2. The terra. acts, includes written correspond... 阅读全文>>

日期:2008-03-06 ACQUITTANCE , contracts. An agreement in writing to discharge a party from an engagement to pay a sum of money. it is evidence of payment. It differs from a release in this, that the latter must be under seal, while an acquittance need not be under... 阅读全文>>

日期:2008-03-06 TO ACQUIRE , descents, contracts. To make property one's own. 2. Title to property is acquired in two ways, by descent, (q. v.) and by purchase, (q. v.) Acquisition by purchase, is either by, 1. Escheat. 2. Occupancy. 3. Prescription. 4. Forfeiture.... 阅读全文>>

日期:2008-03-06 ACQUETS , estates in the civil law. Property which has been acquired by purchase, gift or otherwise than by succession. Merlin Rep. h. t., confines acquets to immovable property. 2. In Louisiana they embrace the profits of all the effects, of which... 阅读全文>>

日期:2008-03-06 ACHAT . This French word signifies a purchase. It is used in some of our law books, as well as achetor, a purchaser, which in some ancient statutes means purveyor. Stat. 36 Edw. III. ACHERSET , obsolete. An ancient English measure of grain, supposed... 阅读全文>>

日期:2008-03-06 ACCOUNT OF SALES . comm. law. An account delivered by one merchant or tradesman to another, or by a factor to his principal, of the disposal, charges, commissions and net proceeds of certain merchandise consigned to such merchant, tradesman or facto... 阅读全文>>

日期:2008-03-06 ACCOUNT , practice. A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2. Every one who administers the affairs of another is required at the end of his administration to render a... 阅读全文>>

日期:2008-03-06 ACCOUCHEMENT . The act of giving birth to a child. It is frequently important to prove the filiation of an individual; this may be done in several ways. The fact of the accouchement may be proved by the direct testimony of one who was present, as a... 阅读全文>>

日期:2008-03-06 ACCORD , in contracts. A satisfaction agreed upon between the party injuring and the party injured, which when performed is a bar to all actions upon this account. 3 Bl. Com. 15; Bac. Abr, Accord. 2. In order to make a good accord it is essential: 1... 阅读全文>>

日期:2008-03-06 ACCOMENDA , mar. law. In Italy, is a contract which takes place when an individual entrusts personal property with the master of a vessel, to be sold for their joint account. In such case, two contracts take place; first, the contract called mandatu... 阅读全文>>

日期:2008-03-06 ACCESSORY CONTRACT . one made for assuring the performance of a prior contract, either by the same parties, or by others; such as suretyship, mortgages, and pledges. 2. It is a general rule, that payment of the debt due, or the performance of a thin... 阅读全文>>

日期:2008-03-06 ACCESSION , property. The ownership of a thing, whether it be real or personal, movable or immovable, carries with it the right to all that the thing produces, and to all that becomes united to it, either naturally or artificially; this is called th... 阅读全文>>

日期:2008-03-06 ACCESS , persons. Approach, or the means or power of approaching. Sometimes by access is understood sexual intercourse; at other times the opportunity of communicating together so that sexual intercourse may have taken place, is also called access.... 阅读全文>>

日期:2008-03-06 ACCEPTILATION , contracts. In the civil law, is a release made by a creditor to his debtor of his debt, without receiving any consideration. Ayl. Pand. tit. 26, p. 570. It is a species of donation, but not subject to the forms of the latter, and is... 阅读全文>>

日期:2008-03-06 ACCEDAS AD VICECOMITEM , Eng. law. The name of a writ directed to the coroner, commanding him to deliver a writ to the sheriff, who having a pone delivered to him, suppresses it. ACCEPTANCE , contracts. An agreement to receive somethinng which has b... 阅读全文>>

日期:2008-03-06 ABSQUE TALI CAUSA . This phrase is used in a traverse de injuria, by which the plaintiff affirms that without the cause in his plea alleged he did commit the said trespasses, c. Gould on PI. c. 7, part 2, 9. ABSTENTION , French law. This is the taci... 阅读全文>>

日期:2008-03-06 ABSCOND . To go in a clandestine manner out of the jurisdiction of the courts, or to lie concealed in order to avoid their process. ABSENTEE . One who is away from his domicil, or usual place of residence. 2. After an absence of seven years without... 阅读全文>>

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