ACCOUNTANT prove an existing debt or demand, and the stating of the account; 16 Ala. N. 9. 742. ACCOUNTANT. One who is versed in accounts. A person or officer appointed to keep the accounts of a public company. He who renders to another or to a court a just and detailed statement of the property which he holds as trustee, executor, administrator, or guardian. See 16 Viner, Abr. 155. ACCOUNTANT GENERAL. An officer of the English Court of Chancery, by whom the moneys paid into court are received, deposited in bank, and disbursed. The office appears to have been established by an order of May 26, 1725, and 12 Geo. I. c. 32, before which time the effects of the suitors were locked up in the vaults of the Bank of England, under the care of the masters and two of the six clerks; 1 Smith, Ch. Pr. 22. ACCOUPLE. To unite; to marry. ACCREDIT. In International Law. To acknowledge. Used of the act by which a diplomatic agent is acknowledged by the government near which he is sent. This at once makes his public character known, and becomes his protection. It is used also of the act by which his sovereign commis sions him. ACCRESCERE (Lat.). To grow to; to be united with; to increase. The term is used in speaking of islands which are formed in rivers by deposit. Calvinus, Lex.; 3 Kent, 428. In Scotch Law. To pass to any one. Bell, Dict. In French Law. To delay. Whishaw. ACCRUE. To grow to; to be added to, as the interest accrues on the principal. Accruing costs are those which become due and are created after judgment; as the costs of an execution. To arise, to happen, to come to pass; as the statute of limitation does not commence running until the cause of action has accrued ; 1 Bouvier, Inst. n. 861; 2 Rawle, 277; 10 Watts, 363; Bacon, Abr. Limitation of Actions (D, 3). ACCUMULATIVE JUDGMENT. A second or additional judgment given against effect of which is to commence after the first one who has been convicted, the execution or has expired. Thus, where a man is sentenced to an imprisonafterwards he is convicted of burglary, he may be ment for six months on conviction of larceny, and sentenced to undergo an imprisonment for the latter crime, to commence after the expiration of the first imprisonment: this is called an accumulative judgment. And if the former sentence is shortened by a pardon, or by reversal on a writ of error, it expires, and the subsequent sentence takes effect, as if the former had expired by lapse of time; 11 Metc. 581. Where an indict. ment for misdemeanor contained four counts, the third of which was held on error to be bad on the whole indictment, was sentenced to four in substance, and the defendant, being convicted successive terms of imprisonment of equal duration, one on each count, it was held that the sentence on the fourth count was not invalidated by the insufficiency of the third count, and that the imprisonment on it was to be computed from the end of the imprisonment on the second count; 15 Q. B. 594. It is used in a related sense in the common Upon an indictment for misdemeanor containlaw phrase jus accrescendi, the right of sur-ing two counts for distinct offences, the defendant vivorship; 1 Washb. R. P. 426. In Pleading. To commence; to arise; to accrue. Quod actio non accrevit infra sex annos, that the action did not accrue within six years; 3 Chitty, Pl. 914. ACCRETION (Lat. accrescere, to grow to). The increase of real estate by the addition of portions of soil, by gradual deposition through the operation of natural causes, to that already in possession of the owner; 2 Washb. R. P. 451. may be sentenced to imprisonment or penal servithough the aggregate of the punishments may tude for consecutive terms of punishment, alexceed the punishment allowed by law for one offence. Upon an indictment for perjury charging offences committed in different suits, the defendant, upon conviction, may be sentenced to distinct punishments, although the suits were instituted with a common object; 5 Q. B. Div. 490. Where upon trial of an indictment-containing several counts-charging separate and distinct misdemeanors, identical in character, a general verdict of guilty is rendered, or a verdict The term alluvion is applied to the deposit itself, of guilty upon two or more specified counts, the while accretion rather denotes the act. If an island in a non-navigable stream results from accretion, it belongs to the owner of the bank on the same side of the filum aqua; 2 Washb. R. P. 452. Consult 2 Washb. R. P. 451-453; 2 Bla. Com. 261, n.; 3 Kent, 428; Hargrave, Law Tracts, 5; Hale, de Jur. Mar. 14; 3 Barn. & C. 91, 107; 6 Cow. 537; 4 Pick. 268; 17 id. 41; 17 Vt. 387. ACCROACH. To attempt to exercise royal power. 4 Bla. Com. 76. A knight who forcibly assaulted and detained one of the king's subjects till he paid him a sum of money was held to have committed treason on the ground of accroachment; 1 Hale, Pl. Cr. 80. court has no power to impose a sentence or cumulative sentences exceeding in the aggregate what is prescribed by statute as the maximum punishment for one offence of the character charged. 15 Sickels, 559. ACCUSATION. In Criminal Law. A charge made to a competent officer against one who has committed a crime or misdemeanor, so that he may be brought to justice and pun ishment. A neglect to accuse may in some cases be considered a misdemeanor, or misprision (which see); 1 Brown, Civ. Law, 247; 2 id. 389; Inst. lib. 4, tit. 18. It is a rule that no man is bound to accuse himself or testify against himself in a criminal case; 7 Q. B. 126. A man is competent, though not compellable, to prove his own crime; 14 Mees. & W. 256. See EVIDENCE; INTEREST; ACCUSED. One who is charged with a crime or misdemeanor. ACCUSER. One who makes an accusa tion. ACHAT. In French Law. A purchase. It is used in some of our law-books, as well as achetor, a purchaser, which in some ancient statutes means purveyor. Stat. 36 Edw. III.; Merlin, Répert. ACHERSET. An ancient English measure of grain, supposed to be the same with our quarter, or eight bushels. ACKNOWLEDGMENT. The act of one who has executed a deed, in going before some competent officer or court and declaring it to be his act or deed. The acknowledgment is certified by the officer or court; and the term acknowledgment is some times used to designate the certificate. The certificate will prevail over the unsupported denial of the grantor; 65 Ill. 505. Identification of grantor. An introduction by a common friend is sufficient to justify officer in making certificate; 8 Wall. 513. Contra; 48 Barb. 568; 4 Col. 211. A notary imposed upon by a personation is liable only for clear negligence. It is a legal presumption that he acted on reasonable information, and his absence of memory as to details of what occurred does not destroy that presumption; 10 W. N. C. Pa. 392. The certificate is not invalidated by want of recollection of the officer; 30 N. J. Eq. 394. Correction. Where a notary fails to set forth the necessary facts, he may correct his certificate, and may be compelled by mandamus, but equity has no jurisdiction to correct it; 51 Mo. 150. Contra; 6 N. Y. 422. The following is a statement of the substance of the laws of the several states and territories that every certificate not conforming to the text on this subject. Though it is not to be inferred is void, an acknowledgment which does may be deemed sufficient. In addition to the statutes cited, there are in many states various acts cur The function of an acknowledgment is twofold: to authorize the deed to be given in evidence without further proof of its execution, and to entitle it to be recorded. The same purposes may be accomplished by a subscribing witness going before the officer or court and making oathing irregularities in acknowledgments and certito the fact of the execution, which is certified in the same manner; but in some states this is only permitted in case of the death, absence, or refusal of the grantor. In some of the states a deed is void except as between the parties and their privies, unless acknowledged or proved. Nature of. In most states the act is held to be a judicial one, while in some it is held to be a ministerial act. Who may take. An officer related to the parties; 6 N. Y. 422. The presumption is that the officer took it within his jurisdiction; 16 La. Ann. 100; 19 Me. 274; 60 Mo. 33. A notary cannot take acknowledgment in another county than the one within which he was appointed and resides; 33 How. Pr. 312; nor the attorney of record; 4 How. Pr. 153; 11 N. B. R. 289. One cannot take an acknowledgment of a deed in which he has any interest; 20 Me. 413; 13 Mich. 329; 2 Sandf. 630; 54 Miss. 351; 38 Tex. 645. Contra; 14 Bank. Reg. 513. An acknowledged deed is evidence of seizin in grantee, and authorizes recording it; 82 Mass. 48. ficates. References are made to the original been no change in the law by later revisions. statutes in the various states where there has Vide Hubbell's Leg. Direc.; Snyder's Manual. ALABAMA. Acknowledgments and proof may be taken, within the state, before judges of the supreme and circuit courts and their clerks, chancellors, registers in chancery, judges of the courts of probate, justices of the peace, and notaries public. The provisions of the code respecting the jurisdiction of justices of the peace define it as extending to take acknowledgments within their respective counties, but do not au thorize them to do so without such counties. Given under my hand this day of state. An examination of the wife separate and apart from her husband is necessary to convey the title to any homestead exempted by the laws of this This examination may be had before a judge of probate, justice of the peace, or notary circuit or supreme court judge, chancellor, or public, who must endorse thereon a certificate in the following form :State of Alabama, County of I, 18 An unacknowledged deed is good between judge (chancellor, notary public, or the parties and subsequent purchasers with Justice of the peace, as the case may be), hereby certify, that on the day of actual notice; 8 Kar. 112; 82 Mass. 48; 46 came before me the within named known Mo. 404, 472, 483. or made known to me to be the within named who, being by me examined separate and apart from her husband, touching her signature to the within acknowledged that she signed the same of her own free will and accord, and without fear, constraint, or threats on the part of her husband. § 2822. In witness whereof, I hereunto set my hand this day of 18. Code of Ala. There is no special law regulating the execution of deeds, etc., by corporations. This depends altogether on the act of incorporation. Deeds may be proved by a subscribing witness. Rev. Code, § 1549; Code of Ala. § 2159. ARIZONA. Within the territory; before a judge or clerk of a court having a seal, notary public, or justice of the peace of the proper county. Without the territory, and within the United States or their territories; before a judge or clerk of any court of the United States or of any state or territory having a seal, or by any commissioner appointed by the governor of this territory for that purpose. Without the United States; before a judge or clerk of any court of any state, kingdom, or empire, having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside there. The certificate must be in substantially the following form :-On this day of A. D., 18 before me (title of officer) personally appeared personally known to me to be the described in and who executed the foregoing instrument, who acknowledged to me that executed the same freely and voluntarily, and for the uses and purposes therein mentioned. this Mrs. the The certificate for acknowledgment of a married woman must be in the following form:-On day of A. D. 18 before me (title of officer) personally appeared , personally known to me to be described in and who executed the annexed foregoing instrument, and upon examination apart from and without the hearing of her husband I made her acquainted with the contents of said instrument, and thereupon she acknowledged to me that she executed the same freely and voluntarily, and without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same. man, she must, in the absence of her husband, declare that she had of her own free will executed the deed or instrument in question, or that she had signed and sealed the relinquishment of dower for the purposes therein contained and set forth, without any compulsion or undue influence of her husband. Rev. Stat. c. 21; same statute, Gould, Dig. (1858) 267, §§ 18, 21. In cases of acknowledgment or proof taken within the United States, when taken before a court or officer having a seal of office, such deed or conveyance must be attested under such seal of office; and if such officer have no seal of office, then under his official signature. Rev. Stat. 190; Gould, Dig. 267, § 14. In all cases, acknowledgments or proof taken without the United States must be attested under the official seal of the court or officer. Id. § 15. Every court or officer that shall take the proof or acknowledgment of any deed or conveyance of real estate, or the relinquishment of dower of any married woman in any conveyance of the estate of her husband, shall grant a certificate thereof, and cause such certificate to be endorsed on the instrument, which certificate shall be signed by the clerk of the court where the probate is taken in court, or by the officer before whom the same is taken, and sealed, if he have a seal of office. Id. § 16. Notaries public may also take acknowledgments of instruments relating to commerce and navigation. Rev. Stat. 104, § 4. CALIFORNIA. Within the state; by some judge or clerk of a court having a seal, or some notary public or justice of the peace of the proper county. Without the state, and within the United States; by some judge or clerk of any court of the United States, or of any state or territory having a seal, a notary public, or by a California commissioner; also, by any other officer of the state or territory where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment. C. C. § 1182. Without the United States; by some judge or clerk of any court of any state, kingdom, or empire having a seal, or by any notary public therein, or by any minister, commissioner, or consul of the United States appointed to reside therein. C. C. § 1183. A conveyance by a married woman has no validity until acknowledged. C. C. § 1186. The officer's certificate, which must be endorsed or annexed, must be, when granted by a judge or clerk, under the hand of such judge or clerk, and the seal of the court; when granted by an officer who has a seal of office, under his hand and official seal. Cal. Laws, 1850-53, 513, § 5. ARKANSAS. Within the state; before the supreme court, the circuit court, or either of the judges thereof, or the clerk of either of these courts, or before the county court, or the presid- The certificate must show, in addition to the ing judge thereof, or before any justice of the fact of the acknowledgment, that the person peace within the state, or notary public. With-making such acknowledgment was personally out the state, and within the United States or their territories; before any court of the United States, or of any state or territory having a seal, or the clerk of any such court, or before the mayor of any city or town, or the chief officer of any city or town having a seal of office. Without the United States; before any court of any state, kingdom, or empire having a seal, or any mayor or chief officer of any city or town having an official seal, or before any officer of any foreign country, who by the laws of such country is authorized to take probate of the conveyance of real estate of his own country, if such officer has by law an official seal. An acknowledgment is to be made by the grantor's appearing in person before the court or officer, and stating that he executed the same for the consideration and purposes therein mentioned and set forth. If the grantor is a married wo known to the officer taking the same, to be the the uses and purposes therein mentioned. C. C. § 1191. The certificate for the acknowledgment by a married woman must be in the following form: On this day of in the year before me personally appeared known to me to be the person whose name is subscribed to the within instrument, described as a married woman; and upon an examination, without the hearing of her husband, I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution. Civil Code, § 1191. The proof may be by a subscribing witness, or, when all the subscribing witnesses are dead, or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by a credible witness to each signature. Cal. Laws, 1850-53, 514, § 10. The certificate of such proof must set forth, that such subscribing witness was personally known to the officer to be the person whose name is subscribed to such conveyance as a witness thereto, or was proved to be such by oath of a witness (naming him); and must also set forth the proof given by such witness of the execution of such conveyance, and of the fact that the person whose name is subscribed in such conveyance, as a party thereto, is the person who executed the same, and that such witness subscribed his name to such conveyance as a witness thereof. Cal. Laws, 1850-53, 515, § 13. No proof by evidence of the handwriting of the party and of a subscribing witness shall be taken, unless the officer taking the same shall be satisfied that all the subscribing witnesses to such conveyance are dead, or cannot be had to prove the execution thereof. Cal. Laws, 1850-53, 515, § 14. A deed affecting the married woman's separate property must be acknowledged by her upon an examination separate and apart from her husband, before any judge of a court of record or notary public; or, if executed out of the state, then before a judge of a court of record, or a California commissioner, or before any minister, secretary of legation, or consul of the United States, appointed for and residing in the country in which the deed is acknowledged. Laws of 1858, 22, c. 25. COLORADO. Within the state; before any justice of the supreme, district, or county courts, or any clerk of either of said courts, or the deputy of any such clerk, such county judge and such clerk certifying the same under the seal of such court, respectively, before the county clerk of any county or his deputy, he or his deputy certifying the same under the seal of his county, before any notary public, or before any justice of the peace within his county; provided, that if the land do not lie in the county of such justice, then there must be affixed the certificate of the county clerk of such county, under his hand and the seal of such county, to the official capacity of such justice of the peace, and to the genuineness of his signature. Without the state, and within the United States or their territories; before the secretary of any such state or territory, certified by him under the seal of such state or territory, before the clerk of any court of record, and before any officer authorized by the laws of such foreign state or territory to take and certify such acknowledgments, provided there shall be affixed a certificate by the clerk of some court of record of the county, city, or district wherein such officer resides, under the seal of such court, that the person certifying such acknowledgment is the officer he assumes to be, that he is authorized to take acknowledg ments, and that his signature and seal are genuine; or before any commissioner of deeds appointed under the laws of this state. Without the United States; before any court of record having a seal, the judge or justice of such court certifying the acknowledgment to have been made before such court; before the mayor or other chief officer of any city or town having a seal; or before any consul of the United States, under the seal of his consulate. The acknowledgment of a married woman need not be made separate and apart from her husband, but her covenants operate only as a quitclaim. CONNECTICUT.-All grants and deeds of bargain and sale, and mortgages, must be acknowledged, whether within or without the state, by the grantors to be their free act and deed before a justice of the peace, or a notary public, or a town clerk, or before a judge of the supreme or district court of the United States, or of the supreme or superior court, or court of common pleas, or county court of any individual state; before any officer having power by law to take acknowledgments; or before a Connecticut commissioner; or, within this state, before the commissioners of the school fund and commissioners of the superior court. When deeds are executed by an attorney, his acknowledgment is sufficient, when the power of attorney is acknowledged by the grantor of the power. All such instruments executed by any grantors residing in a foreign state or country, without the United States, may be acknowledged likewise before any United States consul resident in such country, or any notary public or justice of the peace of such country, or before a Connecticut commissioner. A certificate of the county clerk should be annexed to an acknowledgment by a justice of the peace or notary public. A separate examination of wife is not necessary. DAKOTA.-Conveyances may be made between husband and wife; all rights of dower or curtesy are abolished. The wife need not join in a conveyance of land belonging to husband, nor need the husband join in a conveyance of land belonging to wife; except of homesteads, when, if both husband and wife reside in the territory, both must be parties to conveyance. A conveyance by a married woman has no validity until acknowledged, and the certificate of acknowledgment must set forth that upon an examination without the hearing of her husband, having been made acquainted with the contents of the instrument by the officer taking the same, she did acknowledge that she executed the same freely, and did not wish to retract such execution. Acknowledgments may be made, within the territory, before a justice, clerk of the supreme court, or notary public; or, within their respective districts, before a judge or clerk of a court of record, a mayor, register of deeds, or justice of the peace. Without the territory, but within the United States; before a justice, judge, or clerk of any court of record, a notary public, or any officer authorized to take acknowledgments by the laws of such state or territory, or by a Dakota commissioner. Without the United States; before a minister, commissioner, a chargé d'affaires, a consul, or consular agent of the United States, a judge of a court of record, or a notary public. No certificate of the official character of the officer is needed. Rev. Code, pp. 339-341, §§ 665-670. DELAWARE.-A deed may be acknowledged by any party to it, or by his attorney, the power of attorney being first proved; or it may be proved by a subscribing witness. If acknowledged by ACKNOWLEDGMENT a party, it may be in the superior court or before the chancellor, or any judge or notary public, or before two justices of the peace for the same county. A deed may be acknowledged in the superior court by attorney, by virtue of a power either contained in the deed or separate from it, or may be proved in that court by a subscribing witness. A married woman who executes a deed to which her husband is a party must acknowledge, upon a private examination apart from her husband, that she executed it willingly, without compulsion or threats, or fear of her husband's displeasure. Her examination may be taken in any county before the officers above mentioned. The certificate of any acknowledgment or proof must be authenticated under the hand and seal of the clerk or prothonotary of the court in which, or under the hand of the chancellor or other officer before whom, the same is taken, and must be endorsed on or annexed to the deed. a commissioner of this state. A certificate of the character of an officer not having a seal must be certified by a court of record or by a secretary of state, minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, or commissioner. Id. § 3. The certificate of acknowledgment of a married woman must state that she acknowledged, on a separate examination apart from her husband, that she executed such deed, etc., freely and without any constraint, apprehension, or fear of her husband. In any acknowledgment taken out of the state, the certificate must set forth that the officer knew or had satisfactory proof that the party making the acknowledgment was the individual described in, and who executed, the instrument. GEORGIA.-Deeds are to be executed in the presence of two witnesses. They are to be acknowledged or proved, when within the state; before a justice of the peace, or the chief justice, or an assistant justice, or a notary public. It is not necessary for the officer to affix his seal. An acknowledgment or proof, or the private examination of a married woman, may be taken, out of the state, before any consul-general, con- Without the state, and within the United States; sul, or commercial agent of the United States, before a Georgia commissioner; or they may be duly appointed in any foreign country at the proved before the governor, chief justice, or other places of their respective official residence, or justice of either of the United States, or a mayor, before a judge of any district or circuit court of and certified under the common or public seal of the United States, or the chancellor, or any judge the state, city, court, or place. The affidavit of of a court of record of any state, territory, or the witness must express the addition of the witcountry, or the chief officer of any city or bor-ness and the place of his abode. ough; or, within the United States, by a Delaware commissioner. It must then be certified under the hand of such officer and his official seal; or the acknowledgment or proof may be taken in any court above mentioned, and certified under the hand of the clerk or other officer, and the seal of the court. In case of a certificate by a judge, the seal of his court may be affixed to his certificate, or to a certificate of attestation of the clerk or keeper of the seal. Rev. Code (1874), 501-3. A deed of a corporation may be acknowledged before the chancellor or any judge of the state, or a judge of the district or circuit court of the United States, or a notary public, or two justices of the peace of the same county, by the presiding officer or legally constituted attorney of the corporation. Id. Acknowledgments need not be taken within the county where the lands lie. Id. The form of the certificate is prescribed by chapter 36, § 8; and see chapter 83, p. 502, § 9. DISTRICT OF COLUMBIA.-Follow the form prescribed by the laws of Maryland. FLORIDA. Within the state; before the recordping officer, or a judicial officer of the state, before any judge, clerk of the circuit court, notary public, or justice of the peace. Acts 1873, p. 18. Without the state, and within the United States; before a Florida commissioner, or, in cities and counties where there is no commissioner appointed or acting there, before the chief justice, judge, presiding justice, or president of any court of record of the United States, or of any state or territory thereof, having a seal and a clerk or prothonotary; but the acknowledgment must be taken within the jurisdiction of such court. The certificate must state the place, and that the court is a court of record; and it must be accompanied by the clerk's certificate under seal to the appointment of the judge. Without the United States; before any notary public, minister plenipotentiary, minister extraordinary, minister resident, chargé d'affaires, commissioner or consul of the United States, or Consuls and vice-consuls may take the acknowledgments of citizens of the United States, or of other persons, being or residing within the districts of their consulates. A married woman should acknowledge, on a private examination before the chief justice, or any justice of the peace, that she did, of her own free will and accord, subscribe, seal, and deliver the deed, with an intention thereby to renounce, give up, and forever quit-claim her right of dower and thirds of, in, and to the lands, etc., therein mentioned. IDAHO. Within the territory; before some judge or clerk of a court of record, a notary public, or justice of the peace. Without the territory, but within the United States; before some judge or clerk of any court of record, or before a commissioner for Idaho. Without the United States; before some judge or clerk of any court having a seal, or by any notary public, or minister, commissioner, or consul of the United States. A married woman must be examined apart from and without the hearing of her husband, and must acknowledge that the act is free and voluntary, and without fear or compulsion, or under the influence of her husband, and that she does not wish to retract the execution of the same. Laws, 1863-64, 528 et seq. ILLINOIS. Within the state; before any judge, justice, or clerk of any court of record in the state having a seal, any mayor of a city, notary public, or commissioner of deeds having a seal, or any justice of the peace. Without the state, and within the United States; in conformity with the laws of the state, territory, or district; provided that a clerk of a court of record therein certifies that the instrument is executed and acknowledged in such conformity; or before a judge or justice of the superior or district court of the United States, an Illinois commissioner, a judge or justice of the supreme or superior or circuit court of any of the United States or territories, a justice of the peace, clerk of a court of record, or mayor of a city, or notary public, the last three to certify under their official seal. Without the United States; before |