ACT, evidence. The act of one of several conspirators1, performed in pursuance of the common design, is evidence against all of them. An overt2 act of treason must be proved by two witnesses. See Overt.
2. The terra. acts, includes written correspondence, and other papers relative to the design of the parties, but whether it includes unpublished writings upon abstract questions, though of a kindred nature, has been doubted, Foster's Rep. 198 ; 2 Stark3. R. 116, 141.
3. In cases of partnership4 it is a rule that the act or declaration of either partner, in furtherance of the common object of the association, is the act of all. 1 Pet. R. 371 5 B. & Ald. 267.
4. And the acts. of an agent, in pursuance of his authority, will be binding5 on his principal. Greenl. Ev. 113. ACT, legislation. A statute6 or law made by a legislative7 body; as an act of congress is a law by the congress of the United States; an act of assembly is a law made by a legislative assembly. If an act of assembly expire or be repealed8 while a proceeding9 under it is in fieri or pending10, the proceeding becomes abortive11; as a prosecution12 for an offence, 7 Wheat. 552; or a proceeding under insolvent13 laws. 1 Bl. R. 451; Burr. 1456 ; 6 Cranch, 208 ; 9 Serg. & Rawle, 283.
2. Acts are general or special; public or private. A general or public act is a universal rule which binds14 the whole community; of which the courts are bound to take notice ex officio.
3. Explanatory acts should not be enlarged by equity15 Blood's case, Comb. 410; although such acts may be allowed to have a retrospective operation. Dupin, Notions de Droit, 145. 9.
4. Private or special acts are rather exceptions, than rules; being those which operate only upon particular persons and private concerns; of these the courts are not bound to take notice, unless they are pleaded. Com. 85, 6; 1 Bouv. Inst. n. 105.
ACT IN PAIS. An act performed out of court, and not a matter of record. Pais, in law French, signifies country. A deed or an assurance transacted16 between two or more private persons in the country is matter in pais. 2 Bl. Com. 294.