When a thing has been formed by the mixture of several materials of different owners, and none of these can be considered the principal substance, an owner without whose consent the mixture was made, may require that the materials be separated-if it can be done without inconvenience. If this cannot be so done, then all the owners own the thing in common-each in proportion to the quantity, quality and value of their materials; but if the materials of one were far superior to those of the other, both in quantity and value, this owner may claim the entire thing upon paying to the others the value of their materials. This paragraph applies only to cases where one has used materials with the consent of the owner. If the owner had not consented, then the product belongs to him, if he can be found.

In all cases where one whose material has been used without his knowledge (in order to form a product of a different description) can claim an interest in such product--he has an option to demand either restitution of his material in kind (the same quality, quantity, weight, measure) or the value of it; and has the same option to demand the value of the product, or the product itself—in cases where he is entitled to the product. (See Conversion.)

One who wrongfully employs materials belonging to another, as above, is liable in damages as well as under the conditions described. Accessory Before the Fact: There is no such distinction in our law; all such persons are principals in crime.

Accessory After the Fact: Is one, who, after knowledge of the commission of felony, conceals it from the magistrate, or protects the person charged with the crime. But "mere silence is not enough; there must be some affirmative act."

Accident: See Act of God; Bill of Lading, 2130b; Carriers. The following have been considered by our Supreme Court to be accidents such as to allow compensation under the "Employers' Liability Law" (which see):

Pulling out a timber; bite of a cat kept by employer; being struck by lightning when on a high scaffold; being hit by a stone thrown by a boy onto an engine, hitting a cashier traveling with his employers' money.

These, however, are not such as to be considered accidents: Being struck by a piece of iron thrown by a boy in anger; fright at insect; felonious assault of employer; sting from a wasp; frost bite;

being shot when gambling during work hours; falling from quay on shore leave; being struck in the eye by a trick camera; falling down stairs when tickled in fun by fellow employee; gradual loss of eyesight when using wood alcohol in spray. Accommodation (Maker, Party or Endorser): Instruments, ¶3110, 3145.

Accord and Satisfaction:

See Negotiable

If a debt or claim be disputed at the time of payment, and the creditor takes a less amount than claimed, even if the dispute were unjust-this is an accord which he cannot afterward cancel, nor he be awarded any more than the amount of the settlement. If the debtor sends the creditor a check for a smaller amount than claimed and writes upon it, or sends a letter at the same time, to the effect that this check is in full settlement of the claim, the creditor will not be permitted to cash the check and apply the amount on account-but if he cashes the check, he will be bound to accept this amount as the full settlement of the bill-even though he did not mean to or did not want to.

Account: See Limitations; Accord and Satisfaction; Sales; Bulk Law; Actions; Attachment; Interest.

Account Stated: When an account is rendered to a debtor it becomes his duty to make seasonable objections to it, if he has any, and if he does not do so, the account becomes an account stated and the foundation of an independent cause of action, which arises whenever a reasonable time has elapsed without any objection being made to it. Twenty-five days may be enough.

An ACCOUNT STATED is a document a writing-which exhibits the state of account between parties and the balance owing from one to the other, and when assented to, either expressly or impliedly, becomes a new contract. An action on it is based upon this agreed amount; it can be avoided only by averments and proof of fraud, mistake, etc. The original dealings cannot be inquired into; there need not be mutual or cross accounts or demands between the parties. The acknowledgment of a debt, even though it consists of but one item, may form the basis for an account stated.

A BOOK ACCOUNT is a detailed statement, kept in a book, in the nature of debit and credit, arising out of contract or some fiduciary relation. The book must show (as a necessary element) against whom and in whose favor the charges are made.

An OPEN BOOK ACCOUNT is one which is continuous or current, uninterrupted or unclosed by settlement or otherwise, consisting of a series of transactions; also one in which some item in the contract is left open and undetermined by the parties, in which case it does not matter how many items there are; also an account, the seller of which anticipates further business dealings with the buyer. It is an unsettled debt arising from items of work and labor, goods sold and delivered and other open transactions, not reduced to writing, and subject to future settlement and adjustment. It is usually disclosed by the books of the seller.

The distinction between an account stated, and an open account is this; in the former, there must have been some agreement as to the amount either express or implied; in the latter, it is usually an account not agreed upon by the parties.

ACCOUNT BOOKS, when admitted as evidence, must be books of account kept in the regular course of business; it must be shown that the business is of such a character that it is proper or necessary to keep such books; that the entries were either original entries or the first permanent entries of the transaction; that they were made at the time, or within reasonable proximity to the time of the respective transactions; that the person making them had personal knowledge of the transaction or obtained such knowledge from a report regularly made to him by some person employed in the business whose duty it was to make the same in the regular course of business.

A CURRENT ACCOUNT is one consisting of items of different dates.

MUTUAL, OPEN and CURRENT ACCOUNTS are those where parties have dealt together, selling and buying from each other. Their demands must be reciprocal; that is, they must be of such a nature that each party has an immediate right of action against the other. Where one sells to another from time to time-this does not constitute such an account; nor do items all on one side of the ledger.

Accountant: No person shall be allowed to hold himself out or advertise as a public acountant unless he shall have an unrevoked license so to do from the State Board of Accountancy. Accretions: See Real Estate; (Compare Accession). Acknowledgments: See Real Estate.

Acknowledgment-To acknowledge an instrument is to appear and admit or avow, under oath, before a proper officer or court, that the person so appearing and taking the oath is the person who executed the instrument, and that he authorized it to be done and subscribed for him, for the purpose of having a certificate attached which will qualify the instrument to be admitted in evidence, or to be recorded, or both, without further proof of genuineness.

Before a deed, or contract of sale of real property, or other instrument, can be recorded, it must be acknowledged or proved before a person authorized by law to take such acknowledgment or proof. The instrument can then be presented to the county recorder to be spread upon the public records at any time thereafter whenever it may be desired to do so.

The proof or acknowledgment of an instrument may be made at any place within this state before a justice of the supreme court, or a clerk of the same, or a judge of a superior court. Within the city, county, city and county, or township, for which the officer was appointed or elected, before either a notary public, a justice of the peace, a county recorder, a court commissioner, a clerk of a court of record. Or, when any of the officers mentioned are authorized by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy, in the name of his principal.

Every legislature has been in the habit of passing what is known as validating acts, which validate any defects in the acknowledgments of an instrument which has been at that time copied into any proper book of record in the office of any county recorder. Act: Is a statute or law made by a legislative body-such as a city council, or assembly of the state. (Compare Law.)

Act of God (Compare Accident) is something in opposition to the act of man; for everything is the act of God that happens by His permission-but refers more particularly to such acts as could not happen by the intervention of man-as storms, lightnings, tempests. The expression excludes the idea of human agency; and if it appears that a given loss has happened in any way through the intervention of man, it cannot be held to have been the act of God. A fire which destroys a building is not an Act of God, unless caused by lightning or some other superhuman agency.

Actions: See Adverse Possession; Arrest; Compromise; Conversion; Courts; Attachment; Appeals; Deficiency; Deposition; Demand; Damages; Judgment; Jury; Liens; Limitations; Real Estate; Unlawful Detainer; Subpoena; Claim and Delivery.

A civil action in any court is commenced by filing a paper called a complaint. This is a narration of the circumstances about which the plaintiff complains to the court of the offense which he considers the defendant has done to him, and in which he asks that the defendant pay that which he owed, or the damages for this offense.

The COMPLAINT should be written in as simple language as possible, and state only the facts upon which the plaintiff relies for his cause of action-with no legal conclusions, such as (as required by law; wrongfully, unlawful; there is now due and owing; groundless, false, wilfully; fraudulently, maliciously; will suffer irreparable injury.)

Matters of evidence must not be stated, either.

Complaints filed in the Superior Court must be sworn to. The only complaint in the Justice Court which needs to be sworn to is that in unlawful detainer.

At any time within a year after filing a complaint (but no longer) a summons may be issued by the court. This summons directs the defendant to appear before the court within a certain time, and states that if he does not do so, the plaintiff will be awarded the judgment which he asks for in the complaint.

A copy of this summons, to which is attached a copy of the complaint, must be served on the defendant personally within three years (if the action is commenced in the Superior Court) or within any time at all in the Justice Court.

If summons is served within the township where it was filed (if filed in the Justice Court) the defendant must make such appearance within five days after he receives such copies; if served in the same county, then he must appear in ten days; if served outside the county, he must appear in twenty days.

In the Superior Court the defendant must appear in ten days, if served within the county in which the action is commenced; and within thirty days, if served outside the county. (See Publication of Summons, this article.)

PUBLICATION OF SUMMONS: Where a person on whom service is to be made resides out of the state; or has departed