KFLCC Kingdom Law 2nd Ed.

22

ACT

ACTA IN UNO

transferred, is matter in pais. 294.— Act of attainder. A legislative act, at tainting a person. See ATTAINDEB.— Act of 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 usually denned and classified in statutes on the subject. Duncan v. Landis, 106 Fed. 839, 45 O. a A 666; In re Chapman (D. C.) 99 Fed. 395.— Act of curatory. la 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 of 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 exclusive operation of the forces of nature, uncontrolled 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. Inevit able accident, or casualty; any accident pro duced by any physical cause which is irresist ible, such as lightning, tempests, perils of the seas, an inundation, or earthquake; and also the sudden illness or death of persons. New Brunswick, etc., Transp Co. v. Tiers, 24 N. J. Law, 714, 64 Am. Dec. 394; Williams v. Grant, 1 Conn. 4S7, 7 Am. Dec. 235; Hays v. Kennedy, 41 Pa. 378, 80 Am. Dec. 627; Mer ritt v. Earle, 29 N. Y. 115, 86 Am. Dec. 292; Story, Bailm. § 25; 2 Bl. Comm. 122; Broom, Max. 108.— Act of grace. In Scotch law. A term applied to the act of 1696, c. 32, by which it was provided that where a person imprisoned for a civil debt is so poor that he cannot ali ment [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 aliment for him, or consent to his liberation; which, if the credit or 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 general act of parliament, originating with the crown, such as has often been passed at the commence ment of a new reign, or at the close of a period of civil troubles, declaring pardon or amnesty to numerous offenders. Abbott.— Act of hon or. When a bill has been protested, and a third person wishes to take it up, or accept it, for honor of one or more of the parties, the notary draws up an instrument, evidencing the transaction, called by this name.— Act of in demnity. A statute by which those who have committed illegal acts which subject them to penalties are protected from the consequences of such acts.— Act of insolvency. Within the meaning of the national currency act, an act of insolvency is an act which shows the bank to be insolvent; such as non-payment of its circulating notes, bills of exchange, or certif icates of deposit; failure to make good the im pairment of capital, or to keep good its surplus or reserve; in fact, any act which shows that the bank is unable to meet its liabilities as they mature, or to perform those duties which the law imposes for the purpose of sustaining its credit. In re Manufacturers' Nat. Bank, 5 Biss. 504, Fed. Cas. No. 9,051; Hayden v. Chemical Nat. Bank, 84 Fed. 874, 28 C. C. A. 548.— Act of law. The operation of fixed legal rules upon given facts or occurrences, producing consequences independent of the design or will of the parties concerned; as distinguished from "act of parties." Also an act performed by ju dicial authority which prevents or precludes a party from fulfilling a contract or other en gagement. Taylor v. Taintor, 16 Wall. 366, 21 2 Bl. Comm.

L. Ed. 287.— Act of parliament. A statute, law, or edict, made by the British sovereign, with the advice and consent of the lords spir itual and temporal, and the commons, in par liament assembled. Acts of parliament form the leges scriptoe, i. e., the written laws of the kingdom.— Act of providence. An accident against which ordinary skill and foresight could not guard. McCoy v. Danley, 20 Pa. 91, 57 Am. Dec. 680. Equivalent to "act of God," see supra. — Act of sale. In Louisiana law. An official record of a sale of property, made by a notary who writes down the agreement of the parties as stated by them, and which is then signed by the parties and attested by witnesses. Hodge v. Palms, 117 Fed. 396, 54 C. C. A. 570. —Act of settlement. The statute (12 & 13 Wm. III. c 2) limiting the crown to the Prin cess Sophia of Hanover, and to the heirs of her body being Protestants.— Act of state. An act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him. An act of state cannot be questioned or made the subject of legal pro ceedings in a court of law.— Act of suprem acy. The statute (1 Eliz. c. 1) by which the supremacy of the British crown in ecclesiastical matters within the realm was declared and es tablished.— Act of uniformity. In English law. The statute of 13 & 14 Car. II. c. 4, en acting that the book of common prayer, as then recently revised, should be used in every parish church and other place of public worship, and otherwise ordaining a uniformity in religious services, etc. 3 Steph. Comm. 104.— Act of union. In English law. The statute of 5 Anne, c. 8, by which the articles of union be tween the two kingdoms' of England and Scot land were ratified and confirmed. 1 Bl. Comm". 97.— Private act. A statute operating only upon particular persons and private concerns, and of which the courts are not bound to take notice. Unity v. Burrage, 103 U. S. 454, 26 L. Ed. 405; Fall Brook Coal Co. v. Lynch, 47 How. Prac. (N. T.) 520; Sasser v. Martin, 101 Ga. 447, 29 S. E. 278.— Public act. A uni versal rule or law that regards the whole com munity, and of which the courts of law are bound to take notice judicially and ex officio without its being particularly pleaded. 1 Bl. Comm. 86. See People v. Chautauqua County, 43 N. Y. 10; Sasser v. Martin, 101 Ga. 447, 29 S. E. 278; Bank of Newberry v. Greenville & C. R. Co., 9 Rich. Law (S. C.) 496; People v. Bellet, 99 Mich. 151, 57 N. W. 1094, 22 L. B. A. 696, 41 Am. St. Rep. 589; Holt v. Bir mingham, 111 Ala. 369, 19 South. 735. A form of sum mary proceeding formerly in use in the high court of admiralty, in England, In which the parties stated their respective cases briefly, and supported their statements by affidavit. 2 Dod. Adm. 174, 184; 1 Hagg. Adm. 1, note. Lat. In the Roman law. Daily acts; the public registers or journals of the daily proceedings of the sen ate, assemblies of the people, courts of jus tice, etc. Supposed to have resembled a modern newspaper. Brande. Acta exteriora indicant interiora se creta. 8 Coke, 146&. External acts indicate undisclosed thoughts. Acta in uno judicio non probant in alio nisi inter easdem personas. Things done in one action cannot be taken as evi dence in another, unless it be between the same parties. Tray. Lat Max. 11. ACT ON PETITION. ACTA DIURNA.