ACQUITTAL (fr. acquitter, Fr., to free, acquit, or discharge), a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands.-Cowel. Acquittal is of two kinds.(1.) Acquittal in deed, as when a person is cleared by verdict; and (2.) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted. -2 Inst. 384. [See Wharton's Crim. Law.] ACQUITTAL CONTRACTS, a discharge from an obligation, which is either by deed, prescription, or tenure.-Co. Litt. 100 a.

ACQUITTANCE, a release or written discharge of a sum of money or debt due, as, where a man is bound to pay money on a bond, rent reserved upon a lease, &c., and the party to whom it is due, on receipt thereof, gives a writing under his hand witnessing that he is paid, this will be such a discharge in law, that he cannot demand and recover the sum or duty again, if the acquittance be produced.-Termes de la Ley, 15. ACRE (fr. acker, Germ.; ager, Lat.), a measure of land. The imperial or standard English acre contains four roods, each rood forty poles or perches, each pole 272 square feet, and consequently each acre=43,560 square feet.-5 Geo. IV. c. 74; 6 Geo. IV. c. 12, and 5 & 6 Wm. IV. c. 63. The French acre, arpent, contains 14 English acre, or 54,450 square English feet. The Strasburg acre is about an English acre. The Welch acre contains commonly two English acres. The Irish acre is equal to 1 acre, 2 roods, and 19 perches English. The Scotch, 6150g square yards, the Roman, 3200, and the Egyptian aroura, 36983.

ACRE, or ACRE-FIGHT, an obsolete kind of duel fought by single combatants, English and Scotch, between the frontiers of their kingdoms, with sword and lance. It was also called campfight, and the combatants, champions, from the open field that was the place of trial.

ACROISA, or ACRUCIA, blindness.-Du Fresne.

ACT, the doing of a thing, a decision. It is either an act of God, or of law, or of an individual.

ACT BEFORE ANSWER, when the Lords ordain probation to be led before they determine the relevancy, and then take both at once under their determination.-Scotch Law.

(2.) being out of this realm, and remaining abroad; (3.) departing from his dwelling-house or otherwise absenting himself; (4.) beginning to keep his house; (5.) suffering himself to be arrested for any debt not due; (6.) yielding himself to prison; (7.) suffering himself to be outlawed; (8.) procuring himself to be arrested; (9.) procuring his goods, money, or chattels to be attached, sequestered, or taken in execution; (10.) making, or causing to be made, either within this realm or elsewhere, any fraudulent grant or conveyance of any of his lands, tenements, goods, or chattels; (11.) making, or causing to be made, any fraudulent surrender of any of his copyhold lands or tenements; (12.) making, or causing to be made, any fraudulent gift, delivery, or transfer of any of his goods or chattels. Each of the above acts must be done or suffered with intent to defeat or delay creditors.-12 & 13 Vict. c. 106, s. 67.

If a trader execute a conveyance or assignment of all his estate and effects to a trustee for the benefit of all his creditors, it is not an act of bankruptcy, unless a petition for adjudication of bankruptcy be filed within three calendar months from its execution, provided such deed be executed by every trustee within fifteen days after the execution thereof by the trader, and the execution by the trader, and by every trustee be attested by a solicitor, and notice thereof given within one calendar month after the execution thereof by such trader, in case such trader resides in London, or within forty miles thereof, in the London Gazette and also in two London daily newspapers, and in case such trader does not reside within forty miles of London, then in the London Gazette, and in one London daily newspaper, and one provincial newspaper, published near to such trader's residence; such notice containing the date and execution of such deed, and the name and place of abode respectively, of every such trustee and solicitor.-12 & 13 Vict. c. 106, s. 68.

The following are also acts of bankruptcy: (1.) Lying in prison for twenty-one days, when arrested or imprisoned for debt, or on any attachment for non-payment of money; (2.) having been arrested or imprisoned for any other cause, lying in prison for twenty-one days after any detainer or judge's order (15 & 16 Vict. c. 76, s. 127) for debt lodged, and not discharged; (3.) having been arrested, imprisoned, or detained for debt, escaping out of prison or custody, 12 ACT OF BANKRUPTCY, an endeavor by a & 13 Vict. c. 106, s. 69; (4.) filing a declaration trader to avoid his creditors, or delay, defeat, or of insolvency in the office of the registrar of evade their just demands. It must be committed the Bankruptcy Court (17 & 18 Vict. c. 119, ss. within England or Wales, unless expressed other-16-19), but a petition of adjudication must be wise by statute. It may be committed after the filed within two calendar months, 12 & 13 Viet. party has retired from trade, provided it be dur- c. 106, s. 70, and see 15 & 16 Vict. c. 77; (5.) ing the existence of a sufficient petitioning creditor's debt, contracted either before the trading commenced or whilst in trade; it can never afterwards be purged or cancelled, but may be concerted or agreed upon between the trader and any creditor or other person, and it must be generally committed within twelve calendar months prior to the filing of the petition of adjudication.

The following acts of a trader are deemed acts of bankruptcy: (1.) Departing this realm;

compounding with the petitioning creditor, when the adjudication may either be annulled or declared valid, 12 & 13 Vict. c. 106, s. 71; (6.) not paying, securing, or compounding for a judgment debt, upon which the plaintiff might sue out execution within seven days after notice in writing, requiring payment, 12 & 13 Vict. c. 106, s. 72; (7.) disobeying an order of a Court of Equity or Bankruptcy for payment of money for seven days after service of a peremptory order for payment on a certain day, 12 & 13 Vict. c. 106, s. 73; (8.)

our times and crumble into ruin many a useful system and many a venerable institution, we look in vain for any trace of that philosophical and critical analysis of principles which it is the proper object of science to evolve. Yes! the science of law-making has not yet exercised in our Parliaments her vigorous powers, strengthened and perfected by the care of forethought and the results of experience. To this defect is to be attributed the huge and contradictory mass of our Statute-Book, defying every effort of an ordinary mind to understand, and which would have set at nought even the gigantic genius of a Johnson to cope with and to subdue.

In this state of things, and under the influence of a policy void of all consistency and principle, and made up of expedience, obscurity, and mischief, it can, surely, excite no surprise that the tottering productions of such legislative craft are incapable of administration when brought to the test of practice; their only effect being to destroy confidence, aggravate uncertainty, produce disquiet, and incur contempt; they issue forth from the senate-house without efficiency, and then return to it for amendment without respect.

simple arrangement, in accordance with the leading branches of our laws, so as to bring together all the statutes relating to a given subject, preserving at the same time their order, date, and connection, that the aid for their interpretation arising therefrom should be preserved, and reconciling the text with judical decisions, and making their meaning correspond with their legal effect.

(5.) A general glossarial statute, defining the technical words, phrases, and sentences made use of throughout the Statute-Book, and containing the rules applicable to the construction and the interpretation of the statutes at large, and also some general provisions applicable to all local and personal acts.

Statutes made subsequently to the classification can be easily referred to their appropriate places; and this will not only facilitate and improve legislation, but render judicial construction more consistent, and consequently less uncertain.

This, it is submitted, is a reform worthy of accomplishment by the Parliament of a great nation; and that it can be accomplished, although it is certainly perplexed and requires the most cautious consideration, so as not to affect existing The time is, surely, arrived when the applica- interests, admits of no doubt. The partial contion of science is demanded in the promulgation solidations effected during late years has swept of new laws; it is absolutely necessary to stop away many difficulties, and prepared, to a slight the continuous intensification of this enormous degree, the way for this full and perfect revision. evil; every man admits the grievance, every Rome did it even in her decline; America has judge complains of it, the public suffer by it, also done it, and is about to do it again! Surely, and the legislature knows it. The first great then, England should attempt it. The legisla step in this wholesome reformation is, it is sub-ture owes it to the people; it is one of the great mitted, the classified consolidation of the whole bulwarks of our national freedom that our Statute-Book from its beginning up to the pre- written laws should be plain, inexpensive, and sent time. Absolute is the necessity of this un- perfectly accessible; it is a subject which has dertaking, not only because statute-law is fast occupied the attention of our jurists and legissuperseding the ancient customary or common-lators from an early period of our history, which law, and is emphatically the embodiment of has been often recommended from the throne, modern jurisprudence, expounding the principles and directing the application of written law to the rapidly increasing requirements of society; but also because, if our acts of Parliament are still to blunder on in the midst of contradictions, and a continuous stream of incomprehensible provisions which unhinge the whole system and make legal decision a lottery, and the attempt at expounding a passage of parliamentary composition a hazard and a speculation, then, indeed, confusion must reign in our national tribunals and chaos sit supreme!

The main objects to be effected by a systematic consolidation of our statute-law would appear to be these:

(1.) The expurgation of all obsolete and repealed acts, and all abrogated portions of acts, together with the total rejection of every kind of tautology and all unnecessary words and phrases. (2.) The re-entitling of those acts whose present titles afford no clue to their purpose, and the separation of acts comprising subjects of a totally different nature.

(3.) The insertion of those unrepealed statutes and clauses of statutes which are omitted in the printed copies, and the collation in one act of the continuing, enlarging, explaining, correcting, repealing, and reviving acts made in pari materiâ. (4.) The classification of all the dispersed statutes in force, after a general plan and under a

embodied in parliamentary reports, and even petitioned for by our two legislative houses.

Earnestly, then, should our legislature address itself to this reform, for every person admits the absolute necessity of the undertaking. Let the best senators be selected to act as commissioners in so great an undertaking; men who are qualified to advance this wholesome reform; men who can bring to its elucidation valuable experience or great powers of practical analysis. In accomplishing this desirable and long-desired measure the legislature will secure the respects of the public, since the remodelment of the great Book of the State involves, in the clearness of its enactment and the ready reading of its language, the honor and intelligence of the nation as well as the common benefit and safety of us all.

ACT OF SETTLEMENT, 12 & 13 Wm. III. c. 2, limiting the crown to the Princess Sophia of Hanover, and to the heirs of her body being Protestants.

Acta exteriora indicant interiora secreta. 8 Co. 146. (External acts evince undisclosed thoughts.)

ACTILIA, military utensils.-Blount.

Actio poenalis in hæredem non datur, nisi fortè ex damno locupletior hæres factus sit. Vin. Com. 756. (A penal action is not given against an heir, unless indeed such heir is benefited from the wrong.)

Actio quælibet it suâ viâ. Jenk. Cent. 77. (Every action proceeds in its own way.)

ACTIO NON ACCREVIT INFRA SEX ANNOS, the name of a plea to the Statute of Limitations, when the defendant insists that the plaintiff's action has not accrued within six years.

ACTIO PRO SOCIO, an action by which either partner could compel his co-partners to perform their social contract.-Poth. Contr. de Société, n. 134. Civil Law.

allegation, "that the said plaintiff ought not to have or maintain his aforesaid action thereof ACTION, conduct, something done; also the against him," actio non habere bedet. Hence form prescribed by law for the recovery of one's technically termed the actio non.-1 Ch. Plead. due, or the lawful demand of one's right. | 531; 2 ib. 421; Steph. Plead. It is abolished by Bracton defines it: "Actio nihil aliud est quam 15 & 16 Vict. c. 79, s. 66. jus prosequendi in judicio quod alicui debetur" (an action is nothing else than the right of prosecuting to judgment that which is due to any one), Celsus Dig. 44, tit. 7, s. 51. Actions are divided into criminal and civil; criminal actions are more properly called prosecutions and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. Actions civil are divided into three classes: (1.) real, which concern real property only-they are three, action of dower, dower unde nihil habet, and quare impedit; (2.) personal, such as concern contracts, both sealed and unsealed, and offences or trespasses; the former are called ex contractu they are debt, promises, covenant, account, detinue, revivor, and scire facias; the latter are ex delicto, as case, trover, replevin, and trespass vi et armis; (3.) mixed, which lie as well for the recovery of the thing as for damages for the wrong sustained, as ejectment. See 3 Bl. Com.; Step. on Plead.; and Arch. Crim. Plead. For the classical learning on the subject, consult Smith's Dict. of Antiq. tit. Actio.

Also stock in a company, or shares in a corporation.-Fr. Comm. Law.

ACTIO BONÆ FIDEI, an action which the judge decided according to Equity, the judex thus acting as arbiter with a wide discretion.Sand. Just. 424.

ACTIO COMMODATI CONTRARIA, an action by a borrower against a lender, to enforce the execution of a contract.-Poth. Prêt à Usage, n. 75. Civil Law.

ACTIO AD EXHIBENDUM, an action instituted for the purpose of compelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real action in the sense of the Roman Law, that is, for the recovery of a thing whether it was movable or immovable.-Merl. Quest. de Dr. tome i. 84. Civil Law.

ACTION OF ADHERENCE, an action competent to a husband or wife, to compel either party to adhere in case of desertion.-Scotch Law.

ACTION REDHIBITORY, an action instituted to avoid a sale on account of some vice or defect in the thing sold, which renders it either absolutely useless, or its use so inconvenient and imperfect, that it must be supposed the buyer would not have purchased it had he known of the vice.-Civil Law.

ACTIONS ORDINARY, all actions not rescissory.-Erch. Pr. L. Scot. 4, 1, 5.

ACTIONS RESCISSORY, are either (1.) actions of proper improbation for declaring a writing false or forged; (2.) actions of reduction ACTIO COMMODATI DIRECTA, an ac--improbation, for the production of a writing, tion by a lender against a borrower, to obtain restitution of the thing lent.-Poth. Prêt à Usage, n. 65, 68. Civil Law.

ACTIO CONDICTIO INDEBITI, an action for the recovery of a sum of money or other thing paid by mistake.-Poth. Promutuum, n. 140. Civil Law.

ACTIO CONDUCTI, an action by a bailor of a thing for hire, against a bailee, to compel him to deliver the thing hired.-Poth. Du Contr. de Louage, n. 59. Civil Law.

ACTIO DEPOSITI CONTRARIA. an action which a depositary has against a depositor, to compel him to fulfil his engagement towards him. Poth. Du Dépôt, n. 69. Civil Law.

ACTIO DEPOSITI DIRECTA, an action which is brought by a depositor against a depositary, in order to get back the thing deposited. Poth. Du Dépôt, n. 60. Civil Law.

ACTIO JUDICATI, an action instituted after four months had elapsed from the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight days afterwards, and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and, if at the end of two months the debt was not paid, the land was sold.-Dig. 42, t. 1; Code, 8, 34. Civil Law.

ACTIO NON, special pleas began with this

in order to have it set aside for fraud; and (3.) actions of simple reduction, for declaring a writing called for null until produced.—Ersh. Pr. L. Scot. 4, 1, 5.

ACTIONES NOMINATE, writs for which there were precedents. The statute of Westminster, 2, c. 24, gave Chancery authority to form new writs in consimili casu. Hence the action on the case.-Bac. Ab. Court of Chancery, a.

Actio injuriarum personalis moritur cum persona. Bacon. (A personal action on a tort

i. e. ex delicto-dies with the person.) But if the tort or injury be of such a nature as that thereby property is acquired, which benefits the testator, who was the wrong doer, an action for the value of the property would survive against the executor for legal waste, and equity would probably decide in respect of equitable waste, in analogy to law.-Lansdowne v. Lansdowne, 1 Mad. 16; 3 & 4 Wm. IV. c. 42, s. 2. See 9 & 10 Vict. c. 93.

Actio non datur non damnificato. Jenk. Cent. 69. (An action is not given to him who is not injured.)

ACTION ON THE CASE. See CASE.

ACTION PREJUDICIAL, otherwise called preparatory or principal, an action arising from some doubt in the principal, as in case a man sue his youngest brother for lands descended from