« PreviousContinue »
ACCESSION. Accession.—The right to all which one's own property produces whether that property be movable or immovable, and the right to that which is united to it by accession, either naturally or artificially.
If a Man Builds a House on the ground of another with his own materials and without the consent of the owner of the ground, the building becomes, by accession, the property of the owner of the ground,
If the Materials of one person are united by labor to the materials of another so as to form a single article, the property in the joint product is, in the absence of any agreement, in the owner of the principal part of the materials by accession.
ACCESSORY. Accessory.-A thing which is joined to another thing as an ornament, or to render it more perfect.
Accessory Contract.—One made for assuring the performance of a prior contract, either by the same parties or by others: such as suretyship, mortgages and pledges.
Accommodation Paper.-Promissory notes or bills of exchange made, accepted or indorsed, without any consideration therefor.
Such Paper, in the hands of the party to whom it is made or for whose benefit the accommodation is given, is open to the defense of want of consideration, but when taken by third parties in the usual course of business, is governed by the same rules as other paper. See BILLS AND NOTES.
Accomplice.-One who is in some way concerned in the commission of a crime, though not as principal. This term includes all persons who have been concerned in the commission of a crime whether as principals or accessaries before or after the fact. See CRIMES AND PUNISHMENTS.
ACCORD. Accord.—A satisfaction agreed upon between the parties to a suit, or which when performed is a bar to all actions upon this account; generally used in the phrase "accord and satisfaction."
The Agreement must be legal. An agreement to drop a criminal prosecution as a satisfaction for an assault is void, unless made by authority of Court.
ACCOUNT Account.-A detailed statement of the mutual demands in the nature of a debt and credit between parties arising out of contracts express or implied.
A Statement of the receipts and expenditures of an executor, administrator or other trustee, of the estato confided to him
An Open Account is one in which some term of the contract is not settled by the parties, whether the account consists of one item or many.
Account Book.—A book kept by a merchant, trader, mechanic or other person, in which are entered from time to time the transactions of his trade or business. Such books, when regularly kept, may be admitted in evidence.
Account Current.--An open or running account between two parties.
Account Stated.-If A sells goods, or does any service for B, and then presents him an account in writing of the same, stating the sum of money due, and B acknowledges it
to be correct this constitutes an “ Account Stated." The old indebtedness is embraced in the new agreement, and the acknowledgment of the correctness of the account is a new promise or undertaking.
It is conclusive as to the liability of the parties with reference to the transactions included in it, except in cases of fraud or manifest error.
What must be shown. It must be shown that thu party to be charged accepted the account as correct. The acknowledgment that the sum is due is sufficient. If a party retains the account an unreasonable time without making an objection, an acceptance will be inferred.
A Definite, Ascertained Sum must be stated to be due, and the demand should be made by a person of legal age.
Who may State an Account.--Husband and wife may join in and state an account with a third person. An agent may bind his principal; and a partner may bind the partnership; and they may bind each other in the same way on settlement and dissolution.
What must be Proved.-In an action on an “ Account Stated,” it is not necessary to prove the items, but only to prove an existing debt and demand and the stating of the account
Acknowledgment of Account. It is always best to procure an acknowledgment of the correctness of the account in writing. If the debtor lives at a distance, send the account in a letter requesting acknowledgment of the receipt; and the answer, if the debt is acknowledged, will be good evidence of acceptance.
I hereby acknowledge the above account to be correct. Jan. 29,
Accretion. The increase of real estate by the additions of portions of soil, by gradual depositions through the operation of natural causes to that already in possession of the owner. The term alluvium, is applied to the deposit itself, while accretion rather denotes the act. If an island in a non-navigable stream results from accretion, it belongs to the owner of the bank on the side nearest to it.
Accusation.—A charge made to a competent officer against one who has committed a crime so that he may be brought to justice and punished. See MAGISTRATE and CRIMES AND PUNISHMENTS.
Acknowledgments Generally.-To “acknowledge” an instrument, means that the person who executes it acknowledges before an officer, appointed by law, that he executes the instrument before him freely and voluntarily and for the uses and purposes in such instrument mentioned.
CALIFORNIA-ACKNOWLEDGMENTS, CIVIL CODE. Conveyance.-Every conveyanco whereby any real estate is conveyed, or may be effected, must be acknowledged in the manner provided by law.
Proof of Acknowledgment.-Proof or acknowledgment of an instrument may be made at any place within this state before a justice or clerk of the supreme court. In all other cases it must be made in the state and within the city, county or district for which the officer was elected or appointed, as follows: before a judge or clerk of a court of record; a mayor or recorder of a city; a court commissioner; a county recorder; a notary public, or a justice of the peace.
Without the State.-Acknowledgments without the state
but within the United States, and within the jurisdiction of the officer-before a judge, justice or clerk of any court of record of the United States, or a judge, justice or clerk of any court of record of any state, or a commissioner appointed by the governor of this state for that purpose; a notary public, or any other officer of the state where the acknowledgment is made, authorized by its laws to take such proof or acknowledgment.
Without the United States.—The proof or acknowledgment of an instrument may be made without the United States, before either: A minister, commissioner, or chargə d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made; or, a consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made; or, a judge of a court of record of the country where the proof or acknowledgment is made; or, commissioners appointed for such purposes by the governor of the state, pursuant to special statutes; or, a notary public.
By Deputy-When the law authorizes an officer within the foregoing classes to appoint a deputy, he may take acknowledgments in the name of his principal.
Requisites for Acknowledgments.-An acknowledgment cannot be taken unless the officer taking it knows, or has satisfactory evidence, or the oath or affirmation of a credible witness that the acknowledgor is the person who executed and is described in the instrument; or if executed by a corporation, that the person making such acknowledgment is the president or secretary of such corporation. Married Women - Acknowledgments by.-The ac
. knowledgment of a married woman must not be taken, unless she is made acquainted by the officer with the contents of the instrument on an examination without the hearing of her husband; nor certified, unless she thereupon acknowledges to the officer that she executed the instrument, and that she does not wish to retract such execution.