英文法律词典 A-46

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 the hushand has the administration and enjoyment¹, either of right or in fact, of the produce of the reciprocal industry and labor² of both hushand and wife, and of the estates which they may acquire during the marriage, either by donations, made jointly³ to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two, and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase. Civ. Code, art. 2371.

3. This applies to all marriages contracted in that state, or out of it, when the parties afterward⁴ go there to live, as to acquets afterward made there.Ib. art. 2370.

4. The acquets are divided into two equal portions between the hushand and wife, or between their heirs at the dissolution of their marriage. Ib. art. 2375.

5. "The Parties may, however, lawfully⁵ stipulate⁶ there shall be no community of profits or gains. Ib. art. 2369.

6. But the parties have no right to agree that they shall be governed by the laws of another country.' 3 Martin's Rep. 581. Vide 17 Martin's Rep. 571 2 Kent's Com. 153, note.

ACQUIESCENCE⁷, contracts. The consent which is impliedly given by one or both parties, to a proposition, a clause, a condition, a judgment⁸, or to any act whatever.

2. When a party is bound to elect between a paramount⁹ right and a testamentary disposition¹⁰, his acquiescence in a state of things which indicates an election, when he was aware of his rights will be prima facie evidence of such election. Vide 2 Ves. Jr. 371; 12 Ves. 136 1 Ves. Jr. 335; 3 P. Wms. 315. 2 Rop. Leg. 439.

3. The acts of acquiescence which constitute an implied election, must be decided¹¹ rather by the circumstances of each case than by any general principle. 1 Swanst. R. 382, note, and the numerous cases there cited.

4. Acquiescence in the acts of an agent, or one who has assumed that character, will, be equivalent to an express authority. 2 Bouv. Inst. n. 1309; Kent, Com. 478; Story on Eq. 255; 4 W. C. C. R. 559; 6 Miss. R. 193; 1 John. Cas. 110; 2 John. Cas. 424 Liv. on Ag. 45; Paley on, Ag. by Lloyd, 41 Pet. R. 69, 81; 12 John. R. 300; 3 Cowen's R. 281; 3 Pick. R. 495, 505; 4 Mason's R. 296. Acquiescence differs from assent¹². (q. v.)

ACQUIETANDIS PLEGIIS, obsolete¹³. A writ¹⁴ of justices, lying, for the surety against a creditor¹⁵, who refuses to acquit¹⁶ him after the debt has been satisfied. Reg. of Writs¹⁷, 158; Cowell; Blount.