KFLCC Kingdom Law 2nd Ed.

ACCUMULATIONS

19

ACKNOWLEDGMENT

this term refers to the fund which the com pany has in excess of its capital and liabili ties. Trenton Iron Co. v. Yard, 42 N. J. Law, 357; People's F. Ins. Co. v. Parker, 35 N. J. Law, 575; Mutual Ben. L. Ins. Co. v. Utter, 34 N. J. Law, 489; Mills v. Brit ton, 64 Conn. 4, 29 Atl. 231, 24 L. R. A. 536. ACCUMULATIONS. When an executor or other trustee masses the rents, dividends, and other income which he receives, treats it as a capital, invests it, makes a new capital of the income derived therefrom, invests that, and so on, he is said to accumulate the fund, and the capital and accrued income thus procured constitute accumulations. Hussey v. Sargent, 116 Ky. 53, 75 S. W. 211; In re Rogers' Estate, 179 Pa. 609, 36 Atl. 340; Thorn v. De Breteuil, 86 App. Div. 405, 83 N. Y. Supp. 849. ACCUMULATIVE. That which accu mulates, or is heaped up; additional. Said of several things heaped together, or of one thing added to another. Accumulative judgment. Where a per son has already been convicted and sen tenced, and a second or additional judgment Is passed against him, the execution of which is postponed until the completion of the first sentence, such second judgment is said to be accumulative. Accumulative legacy. A second, double, or additional legacy; a legacy given in ad dition to another given by the same instru ment, or by another instrument. Accusare nemo se debet, nisi coram Deo. No one is bound to accuse himself, ex cept before God. See Hardres, 139. ACCUSATION. A formal charge against a person, to the effect that he is guilty of a punishable offense, laid before a court or magistrate having jurisdiction to inquire into the alleged crime. See ACCUSE. Accusator post rationabile tempus non est audiendus, nisi se bene de omis sione excusaverit. Moore, 817. An ac cuser ought not to be heard after the ex piration of a reasonable time, unless he can account satisfactorily for the delay. ACCUSE. To bring a formal charge against a person, to the effect that he is guilty of a crime or punishable offense, be fore a court or magistrate having jurisdic tion to inquire into the alleged crime. Peo ple v. Frey, 112 Mich. 251, 70 N. W. 548; People v. Braman, 30 Mich. 460; Castle v. Houston, 19 Kan. 426, 27 Am. Rep. 127; Gordon v. State, 102 Ga. 673, 29 S. E. 444; Pen. Code Texas, 1895, art. 240. In its popular sense "accusation" applies to all derogatory charges or imputations, whether or not they relate to a punishable legal offense, and however made, whether orally, by news paper, or otherwise. State v. South. 5 Rich. Law (S. O.) 489; Com. v. Andrews, 132 Mass.

263; People v. Braman, 30 Mich. 460. But in legal phraseology it is limited to such ac cusations as have taken shape in a prosecution.. United States v. Patterson, 150 U. S. 65, 14 Sup. Ct. 20, 37 L. Ed. 999. ACCUSED. The person against whom an accusation is made. "Accused" is the generic name for the de fendant in a criminal case, and is more ap propriate than either "prisoner" or "defend ant" 1 Car. & K. 131. ACCUSER. The person by whom an ac cusation is made. ACEPHAIil. The levelers in the reign of Hen. I., who acknowledged no head or superior. Leges H. 1; Cowell. Also certain ancient heretics, who appeared about the be ginning of the sixth century, and asserted that there was but one substance in Christ, and one nature. Wharton; Gibbon, Rom. Emp. ch. 47. ACEQUIA. In Mexican law. A ditch, channel, or canal, through which water, di verted from its natural course, is conducted, for use in irrigation or other purposes. ACHAT. Fr. A purchase or bargain. Cowell. ACHERSET. In old English law. A measure of corn, conjectured to have been the same with our quarter, or eight bushels. Cowell. ACKNOWLEDGE. To own, avow, or admit; to confess; to recognize one's acts, and assume the responsibility therefor. ACKNOWLEDGMENT. In conveyanc ing. The act by which a party who has exe cuted an instrument of conveyance as grant or goes before a competent officer or court, and declares, or acknowledges the same as his genuine and voluntary act and deed. The certificate of the officer on such instru ment that it has been so acknowledged. Rogers v. Pell, 154 N. Y. 518, 49 N. E. 75; Strong v. United States (D. C.) 34 Fed. 17; Burbank v. Ellis, 7 Neb. 156. The term is also used of the act of a per son who avows or admits the truth of cer tain facts which, If established, will entail a civil liability upon him. Thus, the debtor's acknowledgment of the creditor's demand or right of action will toll the statute of limita tions. Ft. Scott v. Hickman, 112 U. S. 150, 163, 5 Sup. Ct. 56, 28 L. Ed. 636. Admission is also used in this sense. Roanes v. Archer, 4 Leigh (Va.) 550. To denote an avowal of criminal acts, or the concession of the truth of a criminal charge, the word "confession" seems more appropriate. Of a child. An avowal or admission that the child is one's own; "recognition of a par ental relation, either by a written agreement, verbal declarations or statements, by the life,