be acquitted thereof; and if he be called in Question again for the fame Crime, he may plead, auter faits acquit, (that is to fay) that he was beretofore acquitted of the fame Felony, &c. For his Life fhall not be put twice in Danger for the fame Offence. Acquittal is twofold, viz. either in Law or in Fact. In Law it is where two Perfons being indicted, the one as Principal, and the other as Accef fery, the Principal being discharged, the Acceffory of Confequence becomes acquitted. In Fact, it is where a Perfon, on a Verdict of the Jury, is found not Guilty. 2 Inft. 385. See Staundf. Pl. Cor. 168. But in Murder, if a Perfon is acquitted an Appeal lies against him. 3 Inft. 273. Where a Perfon is acquitted on a malicious Prosecution, he may fue for Damages, after a Copy of the Indictment and the Judge's Certificate is obtained: Yet it is ufual for the Judges of Gaol-Delivery to deny a Copy of an Acquittal to the Perfon, against whom there was a propable Cause for a criminal Profecution. Carthew's Rep. 421. acquittance (from the Latin) fig nifies a Release or Discharge in Writing of Money or other Thing due: As where a Perfon bound for Payment of Money on Bond, or Rent referved on Leafe, &c. and the Party, to whom the Money is due, on Receipt thereof, gives an Acknowledgment in Writing of the Payment: This becomes fuch a Discharge in Law, that he cannot recover the Money or other thing demanded again, provided the Acquittance be produced. Termes de les Ley 15 Dyer 6, 25, 51. An Acquittance is likewife a Difcharge and Bar to Actions, &. As, if one fhould acknowledge himself to be fatif fied by Deed, it may be a good Plea in Bar, whether fuch Deed be received or not: But an Acquittance without Seal, is only an Evidence of Satisfaction, and not pleadable. Inft. 52. By 3 & 4 Ann. c. 16. Where an Action is brought on a fingle Bill (that is to fay, a Bill without a Penalty) and the Defendant has paid the Money, fuch Payment may be pleaded in Bar to the Action. acre (from the German) fignifies a Parcel of Land that contains in Length forty Perches, and in Breadth four; and fo in Proportion, either as to Breadth or Length. If a Man would erect a new Cottage, he muft lay four Acres of Land to it, according to this Measure. 13 Eliz.c.7. Crompton, in his Jurifdiction of Courts, fol. 222. agrees with this Meafure, though he fays, that, according to the different Customs of feveral Countries, the Perch differs, it being in moft Places only fixteen Feet and a half, but in Staffordshire, twenty-four Feet, as has been formerly adjudged in Exchequer. By the Statute 24 H. 8. relating to the fowing of Flax, one Hundred and fixty Perches make an Acre, which is forty multiplied by four. With this Account agrees the Ordinance of measuring of Land, made 35 Ed. 1. ition (from the Latin) is a legal Demand of a Man's Right, or the Form of a Suit given by Law for the Recovery of a Perfon's Due. 1 Inft. 285. Bracton briefly defines it thus, viz. An Action is nothing else than a Right of profecuting what is due to any one. Actions in general may be divided into two Parts, Criminal or Civil; Criminal, to have Judgment of Death, 1. ions penal, which lie for fome Penalty or Punishment in the Party fued, whether it be corporal or pecuniary. Bract. zdly, Actions upon the Statute, brought on Breach of any Statute, by which an Action is given that did not lie before; as where a Perfon commits Perjury to the Prejudice of another, the injured Party fhall have an Action upon the Statute. 3dly, Actions Popular, given on the Breach of fome penal Statute, which every Perfon has a Right to fue for, on behalf of himself and the Crown, by Information, &c. And the Reafon this Action is called Popular is, that it is not given to one Perfon in particular, but in general to any that will prosecute for the Penalty or Forfeiture. Actions Civil, are divided into Real, Perfonal and Mixt. Action Real is that whereby a Perfon claims Title to Lands, &c. in Fee, or for Life: And this Action is either Poffeffory or Aunceftrel; Poffeffory, where the Lands, &c. are of a Perfon's own Poffeffion and Seifin; Auncefrel, where they were of the Poffeffion and Seifin of his Anceftor. Action Perfonal is what one brings against another, upon a Contract for Money or Goods, or on account of Trespass or other Offence committed; whereby the Debt, Goods, and Chattels, &c. or Damages, is claimed. Action mixt lies as well for the Thing demanded, as against him that has it; on which Action the Thing becomes recovered, with Damages for the un juft Detention: Yet Detinue is held not to be an Action mixt, though the Thing demanded and Damages for Detention be recovered; it being only brought for Goods and Chattels, and therefore can be deemed no more than an Action Perfonal. Since the Statute of Limitations, 21 Jac. i. all Actions feem to be temporary, or at leaft not fo perpetual, but that they may by Length of Time be prefcribed against: As a Reat Action may be prescribed against within five Years after a Fine levied, or Recovery fuffered. Writs of Formedon for Title to Lands in Being, are to be fued out within twenty Years: Actions of Debt, Account, Detinue, Trover and Trefpafs, are to be brought within fix Years; of Affault and Battery within four; and Slander within two Nevertheless, the Right of Action in thefe Cafes, is faved to Infants, Feme Coverts, Perfons beyond the Seas, &c. See 21 Jac. 1. On a fresh Promife the Time limited may be enlarged; alfo a filing of a Writ within the Time, is a good bringing of an Action to avoid the Sta tute of Limitations. 1 Lill. 19. ion upon the Cafe, is a ge neral Action that is given for Redrefs of Wrongs or Injuries done without Force against another, and which by Law are not provided against: And in thefe Actions, the like Procefs is to be had as in Actions of Debt or Trefpafs. 19 H. 7. c. 9. If a Man's Fire by Misfortune burn the Goods of another; for this Injury the Sufferer shall have Action on the Cafe against him: And in Cafe a Servant puts a lighted Candle or other Fire in any Part of his Mafter's House, which burns it and a Neighbour's Houle, Action upon the Cafe lies 譯 to the Neighbour againft fuch Ma-aon Burnel, is the Statute 13 Ed. 1. fo called from the Place where it was made, viz. Alton Burnel, a Castle in Shropshire, anciently belonging to the Family of the Burnels, but afterwards of the Lovels. is done, may be distinguished into Acts of God, Acts of Law, and Acts of Men. Where the Law prefcribes a Means for perfecting or fettling an Estate or Right, if by the Act of God this Means in any Circumftance become impoffible, no Damage fhall accrue to any Party thereby. Co. Lit. 123. 1 Rep. 97. The Acts of Law are esteemed beyond thofe of Men : And when to the perfecting of a Thing, different Acts are required, the Law has moft Regard to the Original Act. 8 Rep. 78. Whatfoever is contrary to Law is accounted not done. 1 Inft. 42. 3 Rep. 74. fter. 1 Danv. 10. But fee 6 Ann. & 10 Ann. c. 14. If one delivers Goods to a common Carrier, to be conveyed to a certain Place, and he lofeth them, Action upon the Cafe lies against him: It is the fame with respect to a common Hoyman or Lighterman, who conveys Goods by Water; but Goods in this Cafe, may be thrown over Board in a Tempeft, to preferve the Paffengers Lives in the Lighter, &c. and no Action lies for fo doing. 2 Bulftr. 280. Action upon the Cafe likewife lies for Words fpoken to the Injury of another's Reputation; or for Words fpoken of a Perfon, which affect his Life, Office or Trade, or tend to his Lofs of Preferment in Marriage or Service, or to his Difinheritance, or which occafion any particular Damage to the Perfon spoken of. Jation Prejudicial, otherwife Preparatory or Principal, is what arifes from fome Doubt in the Principal; as where one fues his younger Brother for Lands defcended from the Father, on which it is objected that he is a Baftard: In this Cafe the Point of Bastardy is to be first tried before the Caufe can further proceed: And on this Account it is termed prejudicial, because it is first to be judged or determined. Bra&t. Lib. iii. c. 4. &ion of a Trit, is where a Perfon pleads fome Matter whereby is fhewn, that the Plaintiff had no Caufe to have the Writ brought, though perhaps he may be entitled to another Writ for the fame Matter. It is likewife called a&uary, is the Clerk that regifters Plea to the Action of the Writ, to the Acts and Conftitutions of the diftinguish it from a Plea to the Convocation. Action, viz. where the Plaintiff has no Caufe of Action for the thing demanded. Termes de la Ley 17. The Law favours Subftantial more than Circumstantial Acts, and regards Acts and Deeds more than Words: It doth not require unneceffary Things. Plowd. 10. As to Acts of Men; whatfoever one Perfon does by another, is faid to be done by himself: Yet perfonal Things cannot be done by another. Co. Lit. 158. Every Man's A&t fhall be moft ftrongly conftrued against himself that does it. Plowd. 140. 2. is of Parliament, are positive 3ddition, in our Law fignifies a Title given to a Person befides his Chriftian and Surname, fhewing his Eltate, Degree, Trade, Place C of of Abode, &c. Additions of Eftate are Yeoman, Gentleman, Efquire, &c. Additions of Degree are Knight, Baronet, Earl, Marquefs, Duke. Additions of Trade are Merchant, Grocer, Smith, made of any Thing relating to a Caufe depending in the King's Courts for the better Execution of Juftice; of which you may fee a great Diverfity in Reg. Judic. tin and French) fignifies a putting off until another Day, or to another Place. Se Adjournment in Eyre, by 25 Ed. 3. fignifies an Appointment of a Day, when the Juftices in Eyre will fit again. A Court of Law, the Parliament, and Writs, &c. may be adjourned. The Subftance of Adjournment of Courts, is to give License to all Parties, having any Thing to do before the Court, to forbear their Attendance, until a certain Time. The laft Day of every Term, and every Eve of a Day in Term, that is not Dies Juridicus, viz. a LawDay, the Courts are adjourned ; and that is usually done two feveral Times, fitting the Courts. 2 Inft. 26. The Term may be alfo adjourned to another Place, and there the Courts at Westminster be held. The King's Proclamation for the Adjournment of a Term, is a fufficient Warrant to the Keepper of the Great Seal to make out Writs accordingly; and Proclamation must be made, appointing all Perfons to keep their Time and Place, to which &c. 1 And. 279. 1 Lev. 176. If the Judges of the King's Bench, &c. are divided in Opinion two against two, upon a Demurrer or special Verdict, the Caufe must be adjourned into the Exchequer Chamber, there to be determined by all the Judges of England. 3 Mod. or other Occupation whereby adjournment, (both from the LaPerfon gets his Living: Addition of Place, as London, Bristol, Winchefter, &c. These Additions were ordained, to prevent one Man's being grieved or molefted in the Room of another; and that every Perfon might be certainly known, fo as to bear his own Burden. An Earl of Ireland is no Addition of Honour here in England; and therefore fuch Perfon must be written by his Christian and Surname, with the Addition of Efquire only. The Addition to the Chriftian and Surname of an English Nobleman, tho' he has the Title of Nobility given him in respect to his Family, is that of Efquire; as fuch a one Efquire, commonly called Lord A. &c. 2 Inft. 596, 666. By 1 H. 5. c. 5. it is ordained, that in Suits or Actions where Procefs of Outlawry lies, Additions fhall be made to the Name of the Defendant, to fhew his Estate, &c. And that Writs without fuch Additions fhall abate, if the Defendant take Exceptions thereto. By pleading to Iffue the Defendant pafles by the Advantage of Exception for Want of Addition; fince by the Common Law it is good without Addition. Cro. Jac. 610. 1 Roll. 780. If a City or Town be a County of itself, and has several Parishes in it, the bare Addition of fuch City, &c. as of London, is fufficient. But in the Addition of a Parish, not in a City, &c. the County must be mentioned, otherwife it will not be good. 1 Dan. 237. ad Inquirendum, is a Judicial Writ, commanding Enquiry to be 156. 5 Mod. 335. 3djudication, is the pronouncing by Judgment a Sentence or Decree. See 16 & 17 Car. 2. c. 10. Djura Zdjura Regis, is a Writ brought by the King's Clerk, who is prefented to a Living, against fuch as endeavour to eject him, to the Prejudice of the King's Title. Reg. of Writs 61. Jolegiance, (from the French) is to purge one's Self by Oath of a Crime. This Word is to be found in the Laws of King Alfred, in Brompt. Chron. cap. 4. dmeasurement, (from the Latin) is a Writ brought against fuch as ufurp more than their Share, in order to bring them to Reason. This Writ lies in two Cafes; and the one is termed Admeasurement of Dower; which is, where a Man's Widow after his Death holds from the Heir more Land, &c. as her Dower, than of Right belongs to her: And the other is Admeasurement of Pafture (that is to fay) that which lies between those that have Common of Pafture appendant to their Freehold, or Common by Vicinage, where one or more of them furcharge the Common. Reg. Orig. 156, 171. In the first of these Cafes, the Heir fhall have this Writ against the Widow, whereby fhe fhall be admeasured, and the Heir reftored to the Overplus; and in the laft of these, it may be brought against all the other Commoners, as well as him that surcharged; for all the Commoners fhall be admeasured. Termes de la Ley 23. If the Widow after Affignment of Dower improves the Land, fo as to make it better than it was at the Time of the Affignment made, an Admeasurement of that Improvement does not lie. Nat. Brev. 332. In cafe the Lord furcharge the Common, his Tenant cannot have this Writ against him, but an Affife of Common lies against the Lord for fuch Surcharge. 18 Ed. 2. c. 20. As this Writ does not lie against the Lord, fo neither does it for the Lord; yet the Lord may diftrain fuch Cattle of the Tenant as are Surplufage. Dminicle, fignifies Aid, Help or Support, and is ufed to that Purpofe in the Statute, Ed. 4. c. 1. Administrator, (a Latin Word, is he who has the Goods of a Man dying inteftate committed to his Charge, for which he is to be accountable when required. The Bishop of the Diocese where the Inteftate dies is regularly to grant Adminiftration: But when the Inteftate has Goods in feveral Diocefes, which are Bona notabilia, Adminiftration must be granted by the Archbishop in the Prerogative Court, otherwise it will be void. 1 Plowd. 281. Where a Perfon dies without Iffue or Kindred, Administration may be granted by Letters Patent; but, in that Cafe, the Adminiftrator ought to be admitted by the Ordinary. 1 Salk. 37. To whom Adminiftration is grantable, fee Wood's Inft. 333. By Stat. 22 & 23 Car. 2. c. 10. on granting Adminiftrations, Bonds with Sureties are to be taken for the Adminiftrator to make and exhibit an Inventory of the Deceas'd's Goods, render a juft Account thereof, and, after Debts paid, to make a Diftribution of the Surplufage according to Law, &c. Diftribution of a perfonal Estate, is to be equally made between the whole Blood and Half Blood. 2 Lev. 173. If an Infant is intitled to Administration, the Administration may be granted to another durante minori ætate, till he arrives to the Age of 21 Years: But if an Infant is made Executor, fuch Administration granted during bis Minority ceafes at his coming to the Age of 17. 1 Salk. 39. C 2 An |