KFLCC Kingdom Law 2nd Ed.

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ACCOUNTANT GENERAL

ACCOUNT

son, 1 Ga. 275; Gayle v. Johnston, 72 Ala. 254, 47 Am. Rep. 405; McCamant v. Batsell, 59 Tex. 368; Purvis v. Kroner, 18 Or. 414, 23 Pac. 260.— Public accounts. , The accounts kept by officers of the nation, state, or king dom, or the receipt and expenditure of the reve-. nues of the government. ACCOUNT, or ACCOUNT RENDER. In practice. "Account," sometimes called "account render," was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, receiver, etc.) was bound to render an account to another, but refused to do so. Fitzh. Nat. Brev. 116; Co. Litt. 172; Grif fith v. Willing, 3 Bin. (Pa.) 317; Travers v. Dyer, 24 Fed. Oas. 142; Stevens v. Coburn, 71 Vt 261, 44 Atl. 354; Portsmouth v. Don aldson, 32 Pa. 202, 72 Am. Dec. 782. In England, this action early fell into disuse; and as it is one of the most dilatory and ex pensive actions known to the law, and the par ties are held to the ancient rules of pleading, and no discovery can be obtained, it never was adopted to any great extent in the United States. But in some states this action was em ployed, chiefly because there were no chancery eourts in which a bill for an accounting would lie. The action is peculiar in the fact that two judgments are rendered, a preliminary judg ment that the defendant do account with the plaintiff (quod computet) and a final judgment (quod recuperet) after the accounting for the balance found due. Field v. Brown, 146 Ind. 293, 45 N. E. 464; Travers v. Dyer, 24 Fed. Cas. 142. ACCOUNT-BOOK. A book kept by a merchant, trader, mechanic, or other person, In which are entered from time to time the transactions of his trade or business. Such books, when regularly kept, may be admit ted in evidence. Greenl. Ev. §§ 115-118. ACCOUNTABLE. Subject to pay; re sponsible; liable. Where one indorsed a note "A. C. accountable," it was held that, under this form of indorsement, he haci waived demand and notice. Furber v. Cav erly, 42 N. H. 74. ACCOUNTABLE RECEIPT. An in strument acknowledging the receipt of mon ey or personal property, coupled with an ob ligation to account for or pay or deliver the whole or some part of it to some person. State v. Riebe, 27 Minn. 315, 7 N. W. 262. ACCOUNTANT. One who keeps ac counts , a person skilled in keeping books or accounts; an expert in accounts or book keeping. A person who renders an account. When an executor, guardian, etc., renders an ac count of the property in his hands and his administration of the trust, either to the beneficiary or to a court, he is styled, for the purpose of that proceeding, the "account ant." ACCOUNTANT GENERAL, or AC COMPTANT GENERAL. An officer of the court of chancery, appointed by act of

tracts or some fiduciary relation. Whitwell v. Willard, 1 Mete. (Mass.) 216; Blakeley v. Biscoe, 1 Hempst. 114, Fed. Cas. No. 18,239; Portsmouth v. Donaldson, 32 Pa. 202, 72 Am. Dec. 782. A statement in writing, of debts and cred its, or of receipts and payments; a list of items of debts and credits, with their re spective dates. Rensselaer Glass Factory v. Reid, 5 Cow. (N. Y.) 593. The word is sometimes used to denote the balance, or the right of action for the balance, appearing due upon a statement of dealings; as where one speaks of an assignment of ac counts; but there is a broad distinction be tween an account aria' the mere balance of an account, resembling the distinction in logic between the premises of an argument and the conclusions drawn therefrom. A balance is but the conclusion or result of the debit and credit sides of an account. It implies mutual deal ings, and the existence of debt and credit, with out which there could be no balance. McWil liams v. Allan, 45 Mo. 574. —Account closed. An account to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an ac count stated. Bass v. Bass, 8 Pick. (Mkss.) 187; Volkeningv. De Graaf, 81 N. Y. 268; Mandeville v. Wilson, 5 Cranch, 15, 3 L. Ed. 23.— Account current. An open or running or unsettled account between two parties.— Account duties. Duties payable by the Eng lish customs and inland revenue act, 1881, (44 Vict. c. 12, § 38,) on a donatio mortis causa, or on any girt, the donor of which dies within three months after making it, or on j'oint prop erty voluntarily so created, and taken by sur vivorship, or on property taken under a volun tary settlement in which the settlor had a life interest.— Account rendered. An account made out by the creditor, and presented to the debtor for his examination and acceptance. When accepted, it becomes an account stated. Wiggins v. Burkham, 10 Wall. 129, 19 L. Ed. 884; Stebbins v. Niles, 25 Miss. 267— Ac count stated. The settlement of an account between the parties, with a balance struck in favor of one of them; an account rendered by the creditor, and by the debtor assented to as correct, either expressly, or by implication of law from the failure to object. Ivy Coal Co. v. Long, 139 Ala. 535, 36 South 722; Zac arino v. Pallotti. 49 Conn. 36; McLellan v. Crofton, 6 Me. 307; James v. Fellowes, 20 La. Ann. 116; Lockwood v. Thorne. 18 N. Y. 285; Holmes v. Page, 19 Or. 232. 23 Pac. 961; Philips v. Belden, 2 Edw. Ch (N. Y.) 1; Ware v. Manning, 86 Ala. 238, 5 South 682; Morse v. Minton, 101 Iowa, 603, 70 N. W. 691. This was also a common count in a declaration upon a contract under which the plaintiff might prove an absolute acknowledgment by the de fendant of a liquidated demand of a fixed amount, which implies a promise to pay on re quest. It might be joined with any other count for a money demand. The acknowledgment or admission must have been made to the plaintiff or his agent. Wharton.—Mutual accounts. Accounts comprising mutual credits between the parties; or an existing credit on one side which constitutes a ground for credit on the other, or where there is an understanding that mutual debts shall be a satisfaction or set-off pro tanto between the parties. McNeil v. Garland 27 Ark. 343.— Open account. An account which has not been finally settled or closed, but is still running or open to future adjustment or liquida tion. Open account, in legal as well as in or dinary language, means an indebtedness subject to future adjustment, and which may be re duced or modified by proof. Nisbet v. Law

BL.LAW DICT.(2D ED.)—2