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Accrual of right.

Of property.



from the officer's acceptance of office, so that a sale of his land after that tíme may be defeated by a subsequent claim of the crown. In the case of an office accepted before 1st November, 1865, the acceptance must be registered (formerly in the Common Pleas, now) in the Central Office of the Supreme Court, otherwise the officer's land is not affected by the lien,' and no acceptance of office after that date shall affect land as to a bonâ fide purchaser or mortgagee, unless a writ of extent or other process of execution founded on the acceptance of office has been previously issued and registered. (See Judgment; Extent.)

ACCRETION-ACCRUAL-ACCRUE-ACCRUER.-I. A right is said to accrue when it vests in a person, especially when it does so gradually or without his active intervention, e.g. by lapse of time, or by the determination of a preceding right; thus the Statute of Limitations. (3 & 4 Will. 4, c. 27) contains provisions for ascertaining when the right to be barred is deemed to have first accrued, i.e. vested in the person entitled to exercise it; so by the Apportionment Act, 1870, periodical payments in the nature of income are to be considered as accruing (i.e. the right to the payment is to be considered as arising) from day to day (see Apportionment). Hence a debt owing is opposed to a debt accruingthe former being a debt payable immediately, the latter a debt payable at a future time (debitum in præsenti solvendum in futuro). The fact of a right accruing is called its accrual.

II. When a fund, share, estate, security or other property is increased by additions which take place ipso jure or ipso facto, the additions are said to accrue either to the original fund, or to the person entitled to it. The most important cases of this are (1) when property is increased or added to by an act of nature-as in the case of the young of animals, which belong to the owners of the parents, and in the case of alluvion (7. v.) and dereliction (q. v.); (2) where property is increased or added to by the act of the party, but not by a mode of acquisition recognized by law, as in the case of encroachment (q. v.) by a tenant; (3) when a fund is increased by additions which arise from the rule accessorium sequitur principale (q. v.), this is called accretion, and the additions themselves are called accretions-e. g. the additions to a charitable fund from the increase in the rents of the land of which it originally consisted, the savings of a married woman's separate estate, &c.; (4) when property is divisible among several persons so that on a certain event happening one of them is excluded from participation and the others take the whole, the share of that one is said to accrue to the others, and the fact of its doing so is called its accruer-thus, if 300l. is given by will to three minors, A., B. and C., with a proviso that if anyone of them dies under twenty-one his share shall go to the survivors; on A.'s death under age, his share accrues

Stat. 2 & 3 Vict. c. II, s. 8; Shelford, R. P. Stat. 605;

2 Crown Suits Act, 1865.

3 Tacitè ei deficientium partes etiam in

vito adcrescunt. Dig. xxix. 2 fr. 53, § 1.

4 Att.-Gen. v. Marchant, L. R., 3 Eq. 424; Duncan v. Cashim, L. R., 10 C. P. 554; Watson's Comp. Eq. 643.


to B. and C., who (if they both attain twenty-one) will thus take 150l. each, of which 100l. is their original and 50l. their accrued share; the clause containing this proviso is called a clause of accruer. The operation of the Clause of clause does not extend to the accrued shares unless that intention appears, so that if B. also died under age, C. would only take B.'s original share of 100l. in addition to his own 150/., and the testator would die intestate as to B.'s accrued share of 50l. This result is always guarded against in well-drawn instruments by making the clause expressly extend to accrued shares. (See Jus Accrescendi; Survivorship; Accession; Alluvion.)

ETYMOLOGY.]-Latin accrescere, to grow to, French accrues, waste lands added to a forest by the trees encroaching on it.?

ACCUMULATION is the putting by of dividends, rents or other income and converting it into principal by investing it and again capitalizing the income arising from the new principal, and so on. The capital and accrued income thus formed is called the accumulations.

§ 2. The accumulation clause in a will or settlement directs the trustees Accumulato accumulate the surplus income of the settled property during the tion clause. minority of the children after providing for their maintenance (9. v.), and directs the accumulations to follow the destination of the fund out of which they have arisen.3


§ 3. The Thellusson Act (39 & 40 Geo. 3, c. 98) forbids the accumu- Thellusson lation of income for any longer term than one of the following periods, viz.: (a) the life of the settlor, or (b) twenty-one years from the death of the settlor, or (c) during the minority of any person living or in ventre sa mère at the death of the settlor, or (d) during the minority of any person who under the settlement or will would for the time being, if of full age, be entitled to the income directed to be accumulated. A direction to accumulate income beyond any of these periods is void as to the excess only; unless, of course, it exceeds the rule against perpetuities (q. v.), in which case it is void altogether. (See Cumulative.)

ment under

ACKNOWLEDGMENT.—§ 1. By the various Statutes of Limita- Acknowledgtions, a written and signed acknowledgment of the title, debt, or right to the Statutes which the statute would otherwise be a bar, is sufficient to prevent the of Limitastatute from applying. What is an acknowledgment within these tions. statutes is a question of construction to be determined by the Court in each case; there are, however, some general rules on the subject: thus, an acknowledgment under stat. 3 & 4 Will. 4, c. 42 (as to specialties), need not amount to a promise to pay, while, under stat. 9 Geo. 4, c. 14, the acknowledgment must contain, either expressly or impliedly, not only an admission of the debt, but also a promise to pay accordingly; these words in a letter: "I wish I could comply with your request, for I am

1 Jarman, Wills, ii. 661 ; Watson, Comp. Eq. ii. 1131.

Loysel, Inst. Cont. § 248.

3 Elphinstone's Conv. 311; Watson's Comp. 585.

4 Williams, R. P. 320.

5 Stat. 3 & 4 Will. 4, c. 27, ss. 14, 28, 40, 42; Real Property Limitation Act, 1874; 3 & 4 Will. 4, c. 42, s. 5; 9 Geo. 4, c. 14, s. 1; 19 & 20 Vict. c. 97, s. 13.

Acknowledg ment by married woman.

Acknowledg ment of will.

Acknowledg ment of satis


very wretched on account of your account not being paid; there is a prospect of an abundant harvest, which must turn into a goodly sum, and considerably reduce your account; if it does not, the concern must be broken up to meet it; my hope is, that out of the present harvest you will be paid "-were held to be a sufficient acknowledgment to revive a debt under the stat. 9 Geo. 4, c. 14. In the case of the statutes relating to debts, part payment on account of principal or interest amounts to an acknowledgment, so as to prevent the statute from running.

§ 2. By the Fines and Recoveries Act (7. v.), a married woman may dispose of any lands, or any interest in land which may belong to her, as effectually as if she were a feme sole, provided that her husband concur in the conveyance or other deed; and provided that the deed "be produced and acknowledged by her as her act and deed before a judge of one of the Superior Courts at Westminster, or a master in Chancery, or before two of the perpetual commissioners, or two special commissioners," appointed under the act. Before taking the acknowledgment, the judge or commissioners must examine the married woman apart from her husband, as to her knowledge of the deed, and whether she freely and voluntarily consents to the same; and the judge or commissioners then sign a memorandum to that effect, endorsed or written on the deed, and also a certificate of the taking of the acknowledgment, written on a separate piece of parchment. The certificate, verified by affidavit, is then filed in the Central Office of the Supreme Court. Dispositions by married women of reversionary interests in personal estate must be acknowledged in the same way. (See Fine, §§ 9, 11; Reversionary; Survivorship.)

§ 3. If a will is not signed in the presence of the witnesses, the testator must acknowledge his signature in their presence. It is not necessary that he should say in express words to the witnesses, "That is my signature;" it is sufficient if it clearly appears that the signature was existent in the will when it was produced to the witnesses, and was seen by them when they did, at the testator's request, subscribe the will."

§ 4. If a mortgagee of copyholds by conditional surrender has not been admitted, and the mortgage is paid off, the practice is to enter on the court rolls a memorandum called an acknowledgment of satisfaction stating that the debt has been paid. This is treated as sufficient evidence of the discharge of the mortgage and as vacating the surrender.

ACQUIESCENCE is where a person who knows that he is entitled to impeach a transaction or enforce a right neglects 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. Thus,

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if A. is induced by fraud to enter into a contract, and, having discovered the fact, neglects to take proceedings to have it set aside for a great number of years, he is said to have acquiesced in, and thus affirmed, the contract. Full knowledge of the facts is essential, and this constitutes the distinction between bar by acquiescence and bar by limitation, or mere lapse of time.1 (See Estoppel; Laches; Limitation.)

ACQUIT-ACQUITTAL.-§ 1. Acquit "signifieth in law to discharge or keepe in quiet," and is used in the old books in the sense of a release or discharge generally; but it is now chiefly applied to the case of accused; of an accused person who is acquitted or discharged of a felony by judgment, so that he can never again be tried on the same charge (see

Auterfois Acquit), as where the jury bring in a verdict of not guilty.3

§ 2. In the old books the term is also used in a special sense to denote by mesne lord. an obligation by a lord to his tenant. In some cases, where land was held of a mesne lord, he was bound to protect his tenant from any claims by lords paramount arising out of the services due to them by the mesne lord; this was called acquittal. (See Homage, § 4.)

ACQUITTANCE in the old books is a receipt given in acknowledgment of the payment of money, especially an acquittance or receipt under seal. (See Accountable Receipt.)

ACT generally means something voluntarily done by a person: thus, where a person executes a deed he declares that he delivers it as his "act and deed," the two words being synonymous. An "act in the Act in the law" is an operation or effect produced by the law independently of law. the acts or wishes of the parties: thus, a descent is an act in the law. (See Overt Act.)

ACT OF BANKRUPTCY.-§ 1. "It is one of the principal objects of the bankrupt law, when a person becomes insolvent, to seize his remaining property and distribute it among his creditors, instead of allowing him to squander it, or to appropriate it in paying particular creditors to the prejudice of others. It is therefore of great importance that an insolvent debtor should be brought under the operation of the law as soon as possible after his affairs become embarrassed, and for this reason certain acts have been prescribed as indicia of insolvency. These acts are called acts of bankruptcy."

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Acts of bankruptcy may be divided into three classes:-I. § 2. Those Relating to which relate to the person of the debtor, and are evidence of an intention person; to deprive his creditors of their remedy against his person, as when he goes or remains abroad, or otherwise conceals or absents himself with the

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to property;

to circumstances.

Traders and non-traders.



intention or the effect of delaying or defeating his creditors (see Keeping
House). II. § 3. Those which relate to dispositions of the debtor's pro-
perty, and are evidence of an intention to deprive his creditors of their
remedy against his estate; these are of two kinds:-1st. Dispositions of
the whole or part of the debtor's property (not being bonâ fide assignments
for value), by which the property is removed from the reach of his credi-
tors, and the debtor is rendered insolvent. 2nd. Acts of fraudulent pre-
ference, that is, acts done with a view of giving one creditor a preference
over the others (such as conveyances, mortgages, payments, contracts,
judgments, &c. voluntarily entered into or suffered in contemplation of
bankruptcy), provided the debtor becomes bankrupt within a certain time.
after the fraudulent act. III. § 4. Those which relate to the state of the
debtor's circumstances and are evidence of his insolvency, but not neces-
sarily of an intention to defeat or delay his creditors, such as a declaration
by the debtor of inability to pay his debts, an execution levied against him.
for a sum not less than 50l., or non-compliance with a debtor's summons
requiring him to pay a sum not less than 50%. (See Debtor's Summons.)
§ 5. Acts of bankruptcy may also be divided, with reference to the
status of the person committing them, into-those confined to traders.
(e.g. departing from dwelling-house, outlawry, and execution levied for
not less than 50%.), and those applying to all debtors, whether traders or

§ 6. An act of bankruptcy forms the foundation of a petition for adjudication. (See Bankruptcy, §§ 2 et seq.)

ACT OF GOD.-§ 1. An act of God is an event which could not happen by the intervention of man; such as a death, storm, earthquake, extraordinary flood, &c. Thus, a tenancy in tail after possibility of issue extinct is said to be created by the act of God-namely, the death of the husband or wife of the tenant in tail-for it cannot be created by the act of man, e.g. a divorce. At the present day, the phrase is chiefly used in the following branches of law.

§ 2. In the law of insurance, an insurer is not liable to indemnify the assured against loss occasioned by an act of God; and a common carrier, being an insurer, is similarly privileged.

§ 3. In the law of contracts, where the performance of a contract. becomes impossible through an act of God, the promisor is in many cases discharged from liability: thus, if a lessee of land covenants to leave à wood in as good a plight at the end of the lease as it was at the beginning, and afterwards the trees are blown down by tempest, he is discharged of his covenant. Whether an event is an act of God for the purposes of a particular contract depends on the nature of the contract and the event, especially on the question whether it can be foreseen and provided against for the purposes of the contract."

1 Bankruptcy Act, 1869, s. 6.

2 Forward v. Pittard, 1 T. R. 27; Oakley v. Portsmouth, &c. Co., 11 Exch. 618. 3 Co. Litt. 28 a.

Maude & Pollock, Merch. Shipp. 259;

Nugent v. Smith, 1 C. P. D. at p. 435.
Shelley's case, I Rep. at p. 98 a; cited
and explained in Baily v. De Crespigny,
L. R., 4 Q. B. at p. 185.

See Pollock on Contract, 335.

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