Blacks Law Dict. 1st ed

ACT OF HONOB

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ACT

ly defined and classified in statutes on the subject. ACT OP CURATORY. In Scotch law. The act extracted by the clerk, upon any one's acceptance of being curator. Forb. Inst. pt. 1, b. 1, c. 2, tit. 2. 2 Kames, Eq. 291. Corresponding with the order for the appointment of a guardian, in English and American practice. ACT OP GOD. Inevitable accident; vis major. Any misadventure or casualty is said to be caused by the "act of God" when it happens by the direct, immediate, and ex clusive operation of the forces of nature, un controlled or uninfluenced by the power of man and without human intervention, and is of such a character that it could not have been prevented or escaped from by any amount of foresight or prudence, or by any reasonable degree of care or diligence, or by the aid of any appliances which the situation of the party might reasonably require him to use. Inevitable accident, or casualty; any acci dent produced by any physical cause which is irresistible, such as lightning, tempests, per ils of the seas, an inundation, or eai thquake; and also the sudden illness or death of per sons. Story, Bailm. § 25; 2 BL Oomm. 122; Broom, Max. 108. Under the term "act of God" are compre hended all misfortunes and accidents arising from inevitable necessity, which human pru dence could not foresee or prevent. 1 Conn. 491. ACT OP GRACE. In Scotch law. A term applied to the act of 1696, c. 32, by which it was provided that where a person impris oned for a civil debt is so poor that he can not aliment [maintain] himself, and will make oath to that effect, it shall be in the power of the magistrates to cause the creditor by whom he is incarcerated to provide an ali ment for him, or consent to his liberation; which, if the creditor delay to do for 10 days, the magistrate is authorized to set the debtor at liberty. Bell. The term is often used to designate a gen eral act of parliament, originating with the crown, such as has often been passed at the commencement of a new reign, or at the close of a period of civil troubles, declaring par don or amnesty to numerous offenders. Ab bott. ACT OP HONOR. When a bill has been protested, and a third person wishes to take it up, or accept it, for honor of one or mora

In the civil law. An act is a writing which states in a legal form that a thing has been said, done, or agreed. Merl. Eepert. In practice. Anything done by a court and reduced to writing; a decree, judgment, resolve, rule, order, or other judicial proceed ing. In Scotch law, the orders and decrees of a court, and in French and German law, all the records and documents in an action, are called "acts." In legislation. A written law, formally ordained or passed by the legislative power of a state, called in England an "act of par liament," and in the United States an "act of congress," or of the "legislature;" a stat ute. Acts are either public or private. Public acts (also called general acts, or general stat utes, or statutes at large) are those which re late to the community generally, or establish a universal rule for the governance of the whole body politic. Private acts (formerly called special, Co. Litt. 126a) aie those which relate either to particular persons (personal acts) or to par ticular places, (local acts,) or which operate only upon specified individuals or their pri vate concerns. In Scotch practice. An abbreviation of actor, (proctor or advocate, especially for a plaintiff or pursuer,) used in records. "Act. A. Alt. B." an abbreviation of Actor, A. Alter, B.; that is, for the pursuer or plain tiff, A., for the defender, B. 1 Broun, 336, note. ACT, c. In Scotch practice. To do or per form judicially; to enter of record. Surety "acted in the Books of Adjournal." 1 Broun, 4. ACT BOOK. In Scotch practice. The minute book of a court. 1 Swin. 81. ACT ITS" PAIS. An act done or per formed out of court, and not a matter of rec ord. 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 translerred, is mat ter in pais. 2 Bl. Comin. 294. ACT OP ATTAINDER. A legislative act, attainting a person. See ATTAINDER. ACT OP BANKRUPTCY. Any act which renders a person liable to be proceeded against as a bankrupt, or for which he may be adjudged bankrupt. These acts are usual

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