ACT - 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. Acts are civil or criminal, lawful or
unlawful, public or private.
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.
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.
Private acts are those made by private persons, as
registers in relation to their receipts and expenditures,
schedules, acquittances, and the like.
Civil Law, Contracts. A writing which states in a
legal form that a thing has been said, done, or agreed.
In Latin, Instrumentum.
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.
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but whether it includes unpublished writings upon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.
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.
And the acts of an agent, in pursuance of his authority,
will be binding on his principal.
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expire or be repealed while a proceeding under it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.
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.
Explanatory acts should not be enlarged by equity
although such acts may be allowed to have a retrospective
operation.
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.
