(A) in contracts. This phrase denotes those accidents which arise from physical causes, and which cannot be prevented. 2. Where the law casts a duty on a party, the performance shall be excused, if it be rendered impossible by the act of God; but where the party, by his own contract, engages to do an act, it is deemed to be his own fault and folly that he did not thereby … [Read more...] about ACT OF GOD
A
ACCRUER, CLAUSE OF
An express clause, frequently occurring in the case of gifts by deed or will to persons as tenants in common, providing that upon the death of one or more of the beneficiaries his or their shares shall go to the survivor or survivors. Brown. The share of the decedent Is then said to accrue to the others. … [Read more...] about ACCRUER, CLAUSE OF
ACCUSED
The person against whom an accusation is made. "Accused" Is the generic name for the defendant in a criminal case, and is more appropriate than either "prisoner" or "defendant" 1 Car. & K. 131. … [Read more...] about ACCUSED
ACQUIRED
Coming to an intestate in any other way than by gift, devise, or descent from a parent or the ancestor of a parent In re Miller's Will, 2 Lea (Tenn.) 54. Acquired rights. Those which a man does not naturally enjoy, but which are owing to his own procurement, as sovereignty, or the right of commanding, or the right of property. Borden v. State, 11 Ark. 519, 527, 44 Am. Dec. 217. … [Read more...] about ACQUIRED
ACT OF GRACE
Scotch law. The name by which the statute which provides for the aliment of prisoners confined for civil debts, is usually known. 2. This statute provides that where a prisoner for debt declares upon oath, before the magistrate of the jurisdiction, that he has not wherewith to maintain himself, the magistrate may set him it liberty, if the creditor, in consequence of whose … [Read more...] about ACT OF GRACE
