and effect, and must acknowledge that she executed it freely, voluntarily, and understandingly, without any compulsion or constraint on the part of her husband, and for the purposes therein expressed, which must be stated in the certificate. Ia. § 2076.

TEXAS.-Within the state; before a notary public, or the chief justice, or the clerk, or deputy clerk, of any county court. Without the state, and within the United States; before some judge of a court of record having a seal, a notary public, or Texas commissioner. Without the United States; before a notary public, or any public minister, chargé d'affaires, consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States. Rev. Stat. 1879.

In all cases the certificate must be under official seal.

The party should state that he executed the instrument for the consideration and purposes therein stated. Proof of execution may be made by one or more subscribing witnesses. Id. 1719, 1620.

A married woman's acknowledgment of conveyance of her separate property, or of the homestead, or other property exempt from execution, may be before a judge of the supreme or district court, or notary public, or the chief justice of a county court, or the clerk or deputy clerk of a county court. Id. 72, art. 207; 379, art. 1715, 1716, 1718.

She must be privily examined by the officer, apart from her husband, and must declare that she did freely and willingly sign and seal the writing, to be then shown and explained to her, and does not wish to retract it, and must acknowledge the instrument, so again shown to her, to be her act. The certificate must show these facts, and that the instrument was fully explained to her. Id. 72, art. 207.

If the husband and wife executed such conveyance without the state, the acknowledgment (which should be in the same form) may be taken before the officers who are specified above as authorized to take other acknowledgments.

UTAH.-Within the territory; before a judge, or clerk of a court having a seal, a notary public, county recorder, or justice of the peace. Without the territory, and within the United States; before a judge, or clerk of a United States court, or before a court of record or the clerk thereof, a notary public, or a Utah commissioner. Without the United States; before a judge, or clerk of a court of record, a notary public, a minister, commissioner, or consul of the United States.

A married woman may convey her estate as if a feme sole.

VERMONT.-All deeds and other conveyances of lands, or any estate or interest therein, must be signed and sealed by the party granting the same, and signed by two or more witnesses, and acknowledged by the grantor before a justice of the peace, a town clerk, a notary public, or master in chancery. Rev. Stat. tit. 14, c. 60, § 4; Laws of 1850, n. 53; same statute, Comp. Laws, 384, §§ 4, 5.

The separate acknowledgment or private examination of the wife is not required.

Acknowledgment or proof taken without the state, if certified agreeably to the laws of the state, province, or kingdom in which it was taken, is valid as though duly taken within the state; and the proof of the same may be taken, and the same acknowledged with like effect, before any justice of the peace, magistrate, or

ACKNOWLEDGMENT

notary public, or Vermont commissioner within the United States, or in any foreign country; or before any minister, chargé d'affaires, or consul of the United States in any foreign country. Rev. Stat. tit. 14, c. 60, § 9; tit. 4, c. 8, § 51; same statute, Comp. Laws, 385, 87.

VIRGINIA. -The acknowledgment may be made before the court of the county where the instrument is to be recorded, before the clerk of the court, in his office, or before a justice, notary public, or commissioner in chancery; or the deed may be proved by two witnesses.

A wife conveying must be examined by one of the justices of the court, or by the clerk, privily and apart from her husband; and, having such writing fully explained to her, must acknowledge the same to be her act, and declare that she executed it willingly, and does not wish to retract it. Without the state, but within the Union; before a justice (except that that of a married woman must be made before two justices together), or a notary public, or a Virginia commissioner.

Without the United States; before any minister plenipotentiary, chargé d'affaires, consulgeneral, consul, vice-consul, or commercial agent, appointed by the government of the United States, or by the proper officer of any court of such country, or the mayor or other chief magistrate of any city, town, or corporation therein; the certificate to be under official seal. Code (1849), 512, §§ 2-4.

WASHINGTON.-A deed shall be in writing, signed and sealed by the party bound thereby, witnessed by two witnesses, and acknowledged by the party making it. Within the territory; before a judge of the supreme court, a judge of the probate court, a justice of the peace, a notary public, or county auditor, or a clerk of the district and supreme courts. Out of the territory, and within the United States; before a Washington commissioner, or before any person authorized to take acknowledgments by the laws of the state or territory wherein the acknowledgment is taken. Without the United States; before any minister plenipotentiary, chargé d'affaires, consul-general, vice-consul, or commercial agent appointed by the government of the United States to the country where it is taken, or before the mayor, or chief magistrate of any city or town.

A married woman is not bound by any deed affecting her own real estate or releasing dower, unless she joins in the conveyance by her husband, and, upon an examination by the officer, separate and apart from her husband, acknowledges that she did voluntarily, of her own free will and without the fear of, or coercion from, her husband, execute the deed; and the officer must make known to her the contents of the deed, and certify that he has made known to her its contents, and examined her separate and apart from her husband, as is above provided. Stat. (1855) 402, § 3.

WEST VIRGINIA.-Before a justice, notary public, clerk of a county court, prothonotary, clerk of any court within the United States, or West Virginia commissioner; and, without the United States, before any officer there authorized to take such acknowledgments.

A married woman must be examined separate and apart from her husband, and the certificate must state that the paper executed was fully explained to her, and that she declared that she had willingly executed the same and did not wish to retract it.

ACQUITTAL

which is protected by copyrights; 1 Bouvier, Inst. n. 508.

Derivative acquisitions are those which are procured from others, either by act of law or by act of the parties. Goods and chattels may change owners by act of law in the cases of forfeiture, succession, marriage, judgment, insolvency, and intestacy; or by act of the parties, as by gift or sale.

An acquisition may result from the act of the party himself, or those who are in his power acting for him, as his children while minors; 1 N. H. 28; 1 U. S. Law Journ. 513. See Dig. 41. 1. 53; Inst. 2. 9. 3.

ACQUITTAL. In Contracts. A release or discharge from an obligation or engage

ment.

According to Lord Coke, there are three kinds of acquittal, namely: by deed, when the party releases the obligation; by prescription; by tenure; Coke, Litt. 100, a.

In Criminal Practice. The absolution of

a party charged with a crime or misdemeanor. The absolution of a party accused on a trial before a traverse jury; 1 Nott & M'C. 36; 3 M'Cord, 461.

Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty.

Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted; Coke,

2d Inst. 364.

An acquittal is a bar to any future prosecution for the offence alleged in the first in

dictment.

When a prisoner has been acquitted, he becomes competent to testify either for the government or for his former co-defendants; 7 Cox, Cr. Cas. 341, 342, per Monahan, C. J. And it is clear, that where a married defend ant is entirely removed from the record by a verdict pronounced in his favor, his wife may testify either for or against any other persons who may be parties to the record; 12 Mees. & W. 49, 50, per Alderson, B.; 8 Carr. & P. 284; 2 Taylor, Ev. 3d ed. § 1230.

An

ACQUITTANCE. In Contracts. agreement in writing to discharge a party from an engagement to pay a sum of money. It is evidence of payment, and differs from a release in this, that the latter must be under seal, while an acquittance need not be under scal; Pothier, Oblig. n. 781. See 3 Salk. 298; Coke, Litt. 212 a, 273 a; 1 Rawle, 391.

ACRE (Germ. Aker, perhaps Lat. Ager, a field). A quantity of land containing one hundred and sixty square rods of land, in whatever shape; Sergeant, Land Laws of Penn. 185; Cro. Eliz. 476, 665; 6 Coke, 67; Poph. 55; Coke, Litt. 5 b. The word formerly signified an open field; whence acrefight, a contest in an open field; Jacob, Dict. The measure seems to have been variable in amount in its earliest use, but was fixed by statute at a remote period. As originally

ACT

used, it was applicable especially to meadowlands; Cowel.

ACT (Lat. agere, to do; actus, done). Something done or established.

In its general legal sense, the word may denote something done by an individual, as a private citizen, or as an officer; or by a body of men, as a legislature, a council, or a court of justice; including not merely physical acts, but also decrees, edicts, laws, judgments, resolves, awards, by the Congress of the United States are styled and determinations. Some general laws made joint resolutions, and these have the same force and effect as those styled acts.

An instrument in writing to verify facts; Webster, Dict.

It is used in this sense of the published acts of assembly, congress, etc. In a sense approaching this, it has been held in trials for treason that 1 Fost. Cr. Cas. 198; 2 Stark. 116. letters and other written documents were acts;

In Civil Law. A writing which states in a legal form that a thing has been done, said, or agreed; Merlin, Répert.

Private acts are those made by private persons as registers in relation to their receipts and expenditures, schedules, acquittances, and the like; Nov. 73, c. 2; Code, 7. 32. 6; 4. 21; Dig. 22. 4; La. Civ. Code, art. 2231 to 2254; 8 Toullier, Droit Civ. Français, 94. which have been made by private individuals, Acts under private signature are those

under their hands. An act of this kind does

not acquire the force of an authentic act by being registered in the office of a notary; 11

Mart. La. 243; 5 Mart. N. s. La. 693; 8 id. 568; 3 id. 396; 3 La. Ann. 419; unless it has been properly acknowledged before the officer by the parties to it; 5 Mart. N. s. La.

196.

Public acts are those which have a public authority, and which have been made before public officers, are authorized by a public of a magistrate, or which have been extracted seal, have been made public by the authority and been properly authenticated from public records.

In Evidence. The act of one of several conspirators, performed in pursuance of the common design, is evidence against all of them. And see TREASON; PARTNER; PARTNERSHIP; AGENT; AGENCY.

In Legislation. A statute or law made by a legislative body.

General or public acts are those which bind the whole community. Of these the courts take judicial cognizance.

Private or special acts are those which operate only upon particular persons and private concerns.

Explanatory acts should not be enlarged by equity; Comb. 410; although such acts may be allowed to have a retrospective operation; Dupin, Notions de Droit, 145. 9. If an act of assembly expire or be repealed while a proceeding under it is in fieri or pending, the proceeding becomes abortive; as a prosecution for an offence; 7 Wheat. 552; or a proceeding under insolvent laws; 1 W.

ACT OF HONOR

debt declares upon oath, before the magistrate of the jurisdiction, that he has not wherewith to maintain himself, the magistrate may set him at liberty, if the creditor, in consequence of whose diligence he was imprisoned, does not aliment him within ten days after intimation for that purpose; Stat. 1696, c. 32; Erskine, Pract. 4.

ACT OF HONOR. An instrument drawn up by a notary public, after protest of a bill of exchange, when a third party is desirous of paying or accepting the bill for the honor of any or all of the parties to it.

The instrument describes the bill, recites its protest, and the fact of a third person coming forward to accept, and the person or persons for whose honor the acceptance is made. The right to pay the debt of another, and still hold him, is allowed by the law merchant in this instance, and is an exception to the general rule of law; and the right can only be gained by proceeding in the form and manner sanctioned by the law; 3 Dan. Ky. 554; Bayley, Bills; Sewell, Banking.

ACT IN PAIS. An act performed out of court, and which is not a matter of record. A deed or an assurance transacted between two or more private persons in the country, that is, according to the old common law, upon the very spot to be transferred, is matter in pais; 2 Bla. Com. 294.

ACT ON PETITION. A form of summary proceeding formerly in use in the High Court of Admiralty, in England, in which the parties stated their respective cases briefly, and supported their statements by affidavit; 2 Dods. Adm. 174, 184; 1 Hagg. Adm. 1, note. The suitors of the English Admiralty were, under the former practice, ordinarily entitled to elect to proceed either by act on petition, or by the ancient and more formal mode of "plea and proof;" that is, by libel and answer, and the examination of witnesses; W. Rob. Adm. 169, 171, 172. But, by the new rules which took effect Jan. 1, 1860, the modes of pleading theretofore used, as well in causes by act on petition as by plea and proof, were abolished, and a uniform mode of pleading substituted: the first pleading to be called the petition; the second, the answer; the third, the reply; the fourth, the rejoinder,

etc. etc. Rules 65 and 66. Morris, Lectures on the Jurisdiction and Practice of the High Court of Admiralty, p. 28. See as to proof under these rules, Rules 78, 79.

ACT OF SETTLEMENT. In English Law. The statute of 12 & 13 Will. III. c. 2, by which the crown of England was limited to the present royal family; 1 Bla. Com. 128; 2 Steph. Com. 290.

A formula

ACTA DIURNA (Lat.). often used in signing; Du Cange. Daily transactions, chronicles, journals, registers. I do not find the thing published in the acta diurna (daily records of affairs); Tacitus, Ann. 3, 3; Ainsworth, Lex.; Smith,

Lex.

ACTIO

The first sense here given is the older one. Justinian, following Celsus, gives the well-known definition: Actio nihil aliud est, quam jus persebe thus rendered: An action is simply the right quendi in judicio, quod sibi debetur, which may to enforce one's demands in a court of law. See Inst. Jus. 4. 6, de Actionibus.

In the sense of a specific form of remedy, there are various divisions of actiones.

Actiones civiles are those forms of remedies which were established under the rigid and inflexible system of the civil law, the jus civilis. Actiones honoraria are those which were gradually introduced by the prætors and ædiles, by virtue of their equitable powers, in order to prevent the failure of justice which too often resulted from the employment of the actiones civiles. These were found so beneficial in practice that they eventually supplanted the old remedies, of which in the time of Justinian hardly a trace remained; Mackeldey, Civ. L. § 194; 5 Savigny, System.

Directæ actiones, as a class, were forms of remedies for cases clearly defined and recognized as actionable by the law. Utiles actiones were remedies granted by the magistrate in cases to which no actio directa was applicable. They were framed for the special occasion, by analogy to the existing forms, and were generally fictitious; that is, they proceeded upon the assumption that a state of things existed which would have entitled the party to an actio directa, and the cause was tried upon this assumption, which the other party was not allowed to dispute; 5 Savigny, System, § 215.

Again, there are actiones in personam and actiones in rem. The former class includes all remedies for the breach of an obligation, and are considered to be directed against the person of the wrong-doer. The second class comprehends all remedies devised for the recovery of property, or the enforcement of a right not founded upon a contract between the parties, and are therefore considered as rather aimed at the thing in dispute, than at the person of the defendant; Mackeldey, Civ. L. § tolan, Inst. §§ 1952 et seq. 5 Savigny, System, §§ 206-209; 3 Or

195;

ACTIO. In Civil Law. A specific mode of enforcing a right before the courts of law

of a thing, or compensation for an injury; or they are actiones pœnales, called also actiones ex delicto, in which a penalty was recovered of the delinquent, or actiones mixta, in which