ACROSS. From side to side. Transverse to the length of. Hannibal & St. J. R. Co. v. Packet Co., 125 U. S. 260, 8 Sup. Ct. 874, 31 L. Ed. 731; but see Appeal of Bennett's Branch Imp. Co., 65 Pa. 242. It may mean over ; Brown v. Meady, 10 Me. 391, 25 Am. Dec. 248. See Comstock v. Van Deusen, 5 Pick. (Mass.) 163, where a grant of a right of way across a lot of land was held not to mean a right to enter at one side, go partly across and come out at a place on the same side.
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 citizen, 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 Con gress of the United States are styled- joint resolu tions, and these have the same force and effect as those styled acts.
An instrument in writing to verify facts. Webster, Diet.
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 letters 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, 116pert.
Private acts are those made by private persons as registers in relation to their re ceipts and expenditures, schedules, acquit tances, 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. Francais 94.
Acts under private signature are those which have been made by private individ uals 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 no tary ; Marie Louise v. Cauchoix, 11 Mart_ 0. S. (La.) 243; Priou v. Adams, 5 Mart. N. S. (La.) 693; unless it has been properly ac knowledged before the officer by the parties to it ; Bullard v. Wilson, 5 Mart. N. S. (La.)
196.
authority, and which have been made be fore public officers, are authorized by a pub lic seal, have been made public by the au thority of a magistrate, or which have been extracted 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 ; an approved bill.
The words bill and law are frequently used synonymously with act, but incorrectly ; Sedgwick County Com'rs v. Bailey, 13 Kan. 600; a bill being only the draft or form of the act presented to the legislature but not enacted; Southwark Bank v. Com., 26 Pa. 446.
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 operate only upon particular persons and private concerns.
The recitals of public acts are evidence of the facts recited, but in private acts they are only evidence against the parties secur ing them; Branson v. Wirth, 17 Wall. (U. S.) 32, 21 L. Ed. 566.
Judicial Act. An act peiformed by a court touching the rights of parties or prop erty brought before it by voluntary appear ance, or by the prior action of ministerial officers ; in short by ministerial acts. Flour noy v. Jeffersonville, 17 Ind. 173, 79 Am. Dec. 468 ; Union Pac. R. Co. v. U. S., 99 U. S. 700, 761, 25 L. Ed. 496.
See STATUTE; CONSTITUTIONAL; CONSTRUC TION ; INTERPRETATION ; PUNCTUATION.
Act in pais. An act performed out of court, and which is not a matter of record.
A deed or an assurance transacted be tween two or more private persons in the country, that is, according to the old com mon law, upon the very spot to be trans ferred, is matter in pais. 2 Bla. Com. 294.