ACCREDULITARE (Lat.). To purge one's self of an offence by oath.
It frequently happens that when a person has been arrested for a contempt, he comes into court and purges himself, on oath, of having intended any contempt. Blount, Leg. Inn c. 36.
ACT (Lat. agere, to do ; actus, done). Something done or established.
In its general legal sense, the word may denote something done by an individual, as a private citi zen, or as an officer ; or by a body of men, as a legislature, a council, or a court of justice; includ ing not merely physical acts, but also decrees, edicts, laws, judgments, resolves, awards, and de terminations. Some general laws made by the Congress of the United States are styled joint reso lutions, and these have the same force and effect as those styled acts.
An instrument in writing to verify facts. Webster, Dict.
It is used in this sense of the published acts of assembly, congress, etc. In a sense approaching this, it has been held in trials for treason that let ters and other written documents were acts. 1 Fost. Cr. Cas. 198; 2 Stark. 116.
In Civil Law. A writing which states in a legal form that a thing has been done, said, or agreed. Merlin, Repert.
Private acts are those made by private per sons as registers in relation to their receipts and expenditures, schedules, acquittances, and the like. Nov. 73, c. 2; Code, 7. 32. 6; 4. 21; Dig. 22. 4 ; La. Civ. Code, art. 2231 to 2254 ; 8 Toullier, Droit Civ. Franpais, 94.
Acts under private signature are those which have been made by private indivi duals, under their hands. An act of this kind does not acquire the force of an authen tic act by being registered in the office of a notary, 11 Mart. La. 243 ; 5 Mart. N. s. La. 693 ;
8 0.568 ; 3 id. 396; 3 La. Ann. 419, unless it has been properly acknowledged before the officer by the parties to it. 5 Mart. N. s. La. 196.
Public acts are those which have a public authority, and which have been made hefore public officers, are authorized by a public seal, have been made public by the author ity of a magistrate, or which have been ex tracted and been properly authenticated from public records.
In Evidence. The act of one of several conspirators, performed in pursuance of the common design, is evidence against all of them. And see TREASON ; PARTNER ; PART NERSHIP; AGENT; AGENCY.
In Legislation. A statute or law made by a legislative body.
General or public acts are those which bind the whole community. Of these the courts take judicial cognizance.
Private or special acts are those which ope rate only upon particular persons and private concerns.
Explanatory acts should not be enlarges by equity, Comb. 410 ; although such acts may be allowed to have a retrospective ope ration. Dupin, Notions de Droit, 145. 9. 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 prose cution for an offence, 7 Wheat. 552 ; .r a pro ceeding under insolvent laws. 1 W. Blackst. 451; 3 Burr. 1456 ; 6 Cranch, 208 ; 9 Serg. & R. Penn. 283.