KFLCC Kingdom Law 2nd Ed.

ACKNOWLEDGMENT

20

ACQUITTAL

acts, and conduct of the parties, or any other satisfactory evidence that the relation was recognized and admitted. In re Spencer (Sur.) 4 N. Y. Supp. 395; In re Hunt's Es tate, 86 Hun, 232, 33 N. Y. Supp. 256; Blythe T. Ayres, 96 Cal. 532, 31 Pac. 915, 19 L B. A. 40; Bailey v. Boyd, 59 Ind. 292. —Acknowledgment money. A sum paid in some parts of England by copyhold tenants on the death of their lords, as a recognition of their new lords, in like manner as money is usually paid on the attornment of tenants. Cowell.— Separate acknowledgment. An acknowl edgment of a deed or other instrument, made by a married woman, on her examination by the officer separate and apart from her husband. ACOLYTE. An inferior ministrant or servant in the ceremonies of the church, whose duties are to follow and wait upon the priests and deacons, etc. ACQUEST. An estate acquired newly, or by purchase. 1 Reeve, Eng. Law, 56. ACQUETS. In the civil law. Property which has been acquired by purchase, gift, or otherwise than by succession.' Immovable property which has been acquired otherwise than by succession. Merl. Repert. Profits or gains of property, as between husband and wife. Civil Code La. § 2369; Comp. Laws N. M. § 2030. ACQUIESCE. To give an implied con sent to a transaction, to the accrual of a right, or to any act, by one's mere silence, or without express assent or acknowledgment. Matthews v. Murchison (C. C.) 17 Fed. 760; Cass County v. Plotner, 149 Ind. 116, 48 N. E. 635; Scott v. Jackson, 89 Cal. 258, 26 Pac. 898. ACQUIESCENCE. Acquiescence is where a person who knows that he is entitled to im peach a transaction or enforce a right neg lects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right. Scott v. Jackson, 89 Cal. 258, 26 Pac. 898; Lowndes v. Wicks, 69 Conn. 15, 36 Atl. 1072; Norfolk & W. R. Co. v. Perdue, 40 W. Va. 442, 21 S. EL 755; Pence v. Langdon, 99 U. S. 578, 25 L. Ed. 420. Acquiescence and laches are cognate but not equivalent terms. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches imports a merely passive assent, while acquiescence im plies active assent. Lux v. Haggin, 69 Cal. 255, 10 Pac. 678; Kenyon v. National Life Ass'n, 39 App. Div. 276, 57 N. Y. Supp. 60: Johnson-Brinkman Commission Co. v. Missouri Pac R. Co., 126 Mo. 345, 28 S. W. 870, 26 L. R, A. 840, 47 Am. St. Rep. 675. ACQUIETANDIS PLEGIIS. A writ Of justices, formerly lying for the surety against a creditor who refuses to acquit him after

the debt has been satisfied. Reg. Writs, 158; Cowell; Blount. ACQUIRE. In the law of contracts and of descents; to become the owner of proper ty ; to make property one's own. Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St. Rep. 17. ACQUIRED. Coming to an intestate in any other way than by gift, devise, or descent from a parent or the ancestor of a parent In re Miller's Will, 2 Lea (Tenn.) 54. Acquired rights. Those which a man does not naturally enjoy, but which are owing to his own procurement, as sovereign ty, or the right of commanding, or the right of property. Borden v. State, 11 Ark. 519, 527, 44 Am. Dec. 217. ACQUISITION. The act of becoming the owner of certain property; the act by which one acquires or procures the property in anything. Used also of the thing ac quired. Original acquisition is where the title to the thing accrues through occupancy or ac cession, (q. v.,) or by the creative labor of the individual, as in the case of patents and copyrights. Derivative acquisition is where property in a thing passes from one person to another. It may occur by the act of the law, as in cases of forfeiture, insolvency, intestacy, judgment, marriage, or succession, or by the act of the parties, as in cases of gift, sale, or exchange. ACQUIT. To release, absolve, or dis charge one from an obligation or a liability; or to legally certify the innocence of one charged with crime. Dolloway v. Turrill, 26 Wend. (N. Y.) 383, 400. ACQUIT A CAUTION. In French law. Certain goods pay higher export duties when exported to a foreign country than when they are destined for another French port. In order to prevent fraud, the administration compels the shipper of goods sent from one French port to another to give security that such goods shall not be sent to a foreign country. The certificate which proves the receipt of the security is called "acquit a caution." Argles, Fr. Merc. Law, 543. ACQUITTAL. In contracts. A release, absolution, or discharge from an obligation, liability, or engagement. In criminal practice. The legal and for mal certification of the innocence of a per son who has been charged with crime; a de* liverance or setting free a person from a charge of guilt In a narrow sense, it is the absolution of a party accused on a trial before a traverse jury. Thomas v. De Graffenreid, 2 Nott & McC. (S. C.) 143; Teague v. Wilks, 3 McCord (S. C.) 461. Properly speaking, however, one is not