Blacks Law Dict. 1st ed

ACCOUCHEMENT

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ACCOMMODATION

ACCORD, n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bar to all actions upon this account. 75 N. Y. 576. ACCORD AND SATISFACTION. An agreement between two persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the right of action .different from, and usu ally less than, what might be legally enforced. When the agreement is executed, and satis faction has been made, it is called "accord and satisfaction." An accord and satisfaction may be briefly defined as "the settlement of a dispute or the satisfaction of a claim, by an executed agree ment between the party injuring and the party injured;" or, to give a definition indi cating more definitely its peculiar nature, it is "something of legal value to which the creditor before had no right, received in full satisfaction of the debt, without regard to the magnitude of the satisfaction." 1 Smith, Lead. Cas. (10th Amer. Ed.,) 558; 43 Conn. 462. Accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execu tion of the latter agreement. Such is the definition of this sort of defense, usually given. But a broader application of the doc trine has been made in later times, where one promise or agreement is set up in sat isfaction of another. The rule is that an agreement or promise of the same grade will not be held to be in satisfaction of a prior one, unless it has been expressly accepted as such; as, where a new promissory note has been given in lieu of a former one, to have the effect of a satisfaction of the former, it must have been accepted on an express agree ment to that effect. 50 Miss. 257. An accord is an agreement to accept, in extinction of an obligation, something dif ferent from or less than that to which the person agreeing to accept is entitled. Civil Code Cal. § 1521; Civil Code Dak. § 859. ACCORDANT. Fr. and Eng. Agree ing; concurring. "Baron Parker, accord' ant," Hardr. 93; "Holt, C. J., accordant," 6 Mod. 299; "Powys, J., accord," "Powell, J., accord," Id. 298. ACCOUCHEMENT. The act of a woman in giving birth to a child. The fact of the accouchement, proved by a person who

tween them. One party runs the risk of losing his capital; the other, his labor. If the sale pro duces no more than first cost, the owner takes all •he proceeds. It is only the profits which are to be divided. Emerig. Mar. Loans, § 5. ACCOMMODATION. An arrangement or engagement made as a favor to another, not upon a consideration received; something done to oblige, usually spoken of a loan of money or commercial paper; also a friendly agreement or composition of differences. Ab bott. ACCOMMODATION LANDS. Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent. ACCOMMODATION PAPER. An ac commodation bill or note is one to which the accommodating party, be he acceptor, drawer, or indorser, has put his name, without con sideration, for the purpose of benefiting or accommodating some other party who desires to raise money on it, and is to provide for the bill when due. ACCOMMODATION WORKS. Works which a railway company is required to make and maintain for the accommodation of the owners or occupiers of land adjoining the railway, e. g., gates, bridges, culverts, fences, etc. 8 Viet. c. 20, § 68. ACCOMPLICE. (From ad, to, and com plicare, to fold up, or wrap together.) In criminal law. One who is joined or united with another; one of several concerned in a felony; an associate in a crime; one who co operates, aids, or assists in committing it. Tomlins; Jacob. This term includes all the participes criminis, whether considered in strict legal propriety as principals or as ac cessaries. 1 Russ. Crimes, 26. It is gener ally applied to those who are admitted to give evidence against their fellow criminals. 4 Bl. Comm. 331; Hawk. P. C. bk. 2, c. 87, §7 One who is in some way concerned in the commission of a crime, though not as a prin cipal; and this includes all persons who have been concerned in its commission, whether they are considered, in strict legal propriety, as principals in the first or second degree, or merely as accessaries before or after the fact. 47 111. 152; 71 Cal. 20,11 Pac. Rep. 799. ACCORD, f>. In practice. To agree or concur, as one judge with another. "I ac cord." Eyre, C. J., 12 Mod. 7. "The rest accorded/' 7 Mod. 361.

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