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ACT

In its most general sense, this noun signifies something done voluntarily by a person; the exercise of an individual’s power; an effect produced in the external world by an exercise of the power of a person objectively, prompted by intention, and proximately caused by a motion of the will. In a more technical sense, it means something done voluntarily by a person, and of such a nature that certain legal consequences attach to it. Duncan v. Landis, 106 Fed. 839, 45 C. C. A. 666. Thus a grantor acknowledges the conveyance to be his “act and deed,” the terms being synonymous. In the civil latw. An act is a writing which states in a legal form that a thing has been said, done, or agreed. Merl. Repert. In practice. Anything done by a court and reduced to writing; a decree, judgment, resolve, rule, order, or other judicial proceeding. In Scotch law, the orders and decrees of a court, and in French and German law, all the records and documents in an action, are called “acts.” In legislation. A written law, fprmally ordained or passed by the legislative power of a state, called in England an

Law Dictionary – Alternative Legal Definition

(A) civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. In Latin, Instrumentum. Merl. Rep. (B) In the legal sense, this word may be used to signify the result of a public deliberation, the decision of a prince, of a legislative body, of a council, court of justice, or a magistrate. Also, a decree, edict, law, judgment, resolve, award, determination. Also, an instrument in writing to verify facts, as act of assembly, act of congress, act of parliament, act and deed. See Webster’s Dict. Acts are civil or criminal, lawful or unlawful, public or private. 2. Public acts, usually denominated authentic, are those which have a public authority, and which have been made before public officers, are authorized by a public seal, have been made public by the authority of a magistrate, or which have been extracted and been properly authenticated from public records. 3. Acts under private signature are those which have been made by private individuals, under their hands. An act of this kind does not acquire the force of an authentic act, by being registered in the office of a notary unless it has been properly acknowledged before the officer, by the parties to it. 4. Private acts are those made by private persons, as registers in relation to their receipts and expenditures, schedules, acquittances, and the like. (C) evidence. The act of one of several conspirators, performed in pursuance of the common design, is evidence against all of them. An overt act of treason must be proved by two witnesses. See Overt. 2. The terra. acts, includes written correspondence, and other papers relative to the design of the parties, but whether it includes unpublished writings upon abstract questions, though of a kindred nature, has been doubted. 3. In cases of partnership it is a rule that the act or declaration of either partner, in furtherance of the common object of the association, is the act of all. 4. And the acts. of an agent, in pursuance of his authority, will be binding on his principal. Greenl. Ev. 113. ACT, legislation. A statute or law made by a legislative body; as an act of congress is a law by the congress of the United States; an act of assembly is a law made by a legislative assembly. If an act of assembly expire or be repealed while a proceeding under it is in fieri or pending, the proceeding becomes abortive; as a prosecution for an offence, 7 Wheat. 552; or a proceeding under insolvent laws. 2. Acts are general or special; public or private. A general or public act is a universal rule which binds the whole community; of which the courts are bound to take notice ex officio. 3. Explanatory acts should not be enlarged by equity Blood’s case, Comb. 410; although such acts may be allowed to have a retrospective operation. 4. Private or special acts are rather exceptions, than rules; being those which operate only upon particular persons and private concerns; of these the courts are not bound to take notice, unless they are pleaded.

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