Chapter 11

µ In modern law, proposal and acceptance are the constituent elements into which all contracts are resolved. Acceptance of a bill of exchange, check, draft, or order, is an engagement to pay it according, to the terms. This engagement is usually made by writing the word ½accepted¸ across the face of the bill. Acceptance of goods, under the statute of frauds, is an intelligent acceptance by a party knowing the nature of the transaction. 6. Meaning; acceptation. [Obs.] Acceptance of persons, partiality, favoritism. See under Accept. AcÏcept¶anÏcy (#), n. Acceptance. [R.] Here's a proof of gift, But here's no proof, sir, of acceptancy. Mrs. Browning. AcÏcept¶ant (#), a. Accepting; receiving. AcÏcept¶ant, n. An accepter. Chapman. Ac·cepÏta¶tion (#), n. 1. Acceptance; reception; favorable reception or regard; state of being acceptable. [Obs. or Archaic] This is saying worthy of all acceptation. 1 Tim. i. 15. Some things... are notwithstanding of so great dignity and acceptation with God. Hooker. 2. The meaning in which a word or expression is understood, or generally received; as, term is to be used according to its usual acceptation. My words, in common acceptation, Could never give this provocation. Gay. AcÏcept¶edÏly (#), adv. In a accepted manner; admittedly. AcÏcept¶er (#), n. 1. A person who accepts; a taker. 2. A respecter; a viewer with partiality. [Obs.] God is no accepter of persons. Chillingworth. 3. (Law) An acceptor. AcÏcep·tiÏla¶tion (#), n. [L. acceptilatio entry of a debt collected, acquittance, fr. p. p. of accipere (cf. Accept) + latio a carrying, fr. latus, p. p. of ferre to carry: cf. F. acceptilation.] (Civil Law) Gratuitous discharge; a release from debt or obligation without payment; free remission. AcÏcep¶tion (#), n. [L. acceptio a receiving, accepting: cf. F. acception.] Acceptation; the received meaning. [Obs.] Here the word ½baron¸ is not to be taken in that restrictive sense to which the modern acception hath confined it. Fuller. Acceptation of persons or faces (Eccl.), favoritism; partiality. [Obs.] Wyclif. AcÏcept¶ive (#), a. 1. Fit for acceptance. 2. Ready to accept. [Obs.] B. Jonson. AcÏcept¶or (#; 277), n. [L.] One who accepts; specifically (Law & Com.), one who accepts an order or a bill of exchange; a drawee after he has accepted. AcÏcess¶ (#; 277), n. [F. accŠs, L. accessus, fr. accedere. See Accede.] 1. A coming to, or near approach; admittance; admission; accessibility; as, to gain access to a prince. I did repel his letters, and denied His access to me. Shak. 2. The means, place, or way by which a thing may be approached; passage way; as, the access is by a neck of land. ½All access was thronged.¸ Milton. 3. Admission to sexual intercourse. During coverture, access of the husband shall be presumed, unless the contrary be shown. Blackstone. 4. Increase by something added; addition; as, an access of territory. [In this sense accession is more generally used.] I, from the influence of thy looks, receive Access in every virtue. Milton. 5. An onset, attack, or fit of disease. The first access looked like an apoplexy. Burnet. 6. A paroxysm; a fit of passion; an outburst; as, an access of fury. [A Gallicism] AcÏces¶saÏriÏly (#), adv. In the manner of an accessary. AcÏces¶saÏriÏness, n. The state of being accessary. AcÏces¶saÏry (#; 277), a. Accompanying, as a subordinate; additional; accessory; esp., uniting in, or contributing to, a crime, but not as chief actor. See Accessory. To both their deaths thou shalt be accessary. Shak. Amongst many secondary and accessary causes that support monarchy, these are not of least reckoning. Milton. AcÏces¶saÏry (277), n.; pl. Accessaries (#). [Cf. Accessory and LL. accessarius.] (Law) One who, not being present, contributes as an assistant or instigator to the commission of an offense. Accessary before the fact (Law), one who commands or counsels an offense, not being present at its commission. Ð Accessary after the fact, one who, after an offense, assists or shelters the offender, not being present at the commission of the offense. µ This word, as used in law, is spelt accessory by Blackstone and many others; but in this sense is spelt accessary by Bouvier, Burrill, Burns, Whishaw, Dane, and the Penny Cyclopedia; while in other senses it is spelt accessory. In recent textÐbooks on criminal law the distinction is not preserved, the spelling being either accessary or accessory. AcÏcess·iÏbil¶iÏty (#), n. [L. accessibilitas: cf. F. accessibilit‚.] The quality of being accessible, or of admitting approach; receptibility. Langhorne. AcÏcess¶iÏble (#), a. [L. accessibilis, fr. accedere: cf. F. accessible. See Accede.] 1. Easy of access or approach; approachable; as, an accessible town or mountain, an accessible person. 2. Open to the influence of; Ð with to. ½Minds accessible to reason.¸ Macaulay. 3. Obtainable; to be got at. The best information... at present accessible. Macaulay. AcÏcess¶iÏbly (#), adv. In an accessible manner. AsÏces¶sion (#), n. [L. accessio, fr. accedere: cf. F. accession. See Accede.] 1. A coming to; the act of acceding and becoming joined; as, a king's accession to a confederacy. 2. Increase by something added; that which is added; augmentation from without; as, an accession of wealth or territory. The only accession which the Roman empire received was the province of Britain. Gibbon. 3. (Law) (a) A mode of acquiring property, by which the owner of a corporeal substance which receives an addition by growth, or by labor, has a right to the part or thing added, or the improvement (provided the thing is not changed into a different species). Thus, the owner of a cow becomes the owner of her calf. (b) The act by which one power becomes party to engagements already in force between other powers. Kent. 4. The act of coming to or reaching a throne, an office, or dignity; as, the accession of the house of Stuart; Ð applied especially to the epoch of a new dynasty. 5. (Med.) The invasion, approach, or commencement of a disease; a fit or paroxysm. Syn. Ð Increase; addition; augmentation; enlargement. AcÏces¶sionÏal (#), a. Pertaining to accession; additional. [R.] Sir T. Browne. AcÏces¶sive (#), a. Additional. Ac·cesÏso¶riÏal (#), a. Of or pertaining to an accessory; as, accessorial agency, accessorial guilt. AcÏces¶soÏriÏly (#), adv. In the manner of an accessory; auxiliary. AcÏces¶soÏriÏness, n. The state of being accessory, or connected subordinately. AcÏces¶soÏry (#; 277), a. [L. accessorius. See Access, and cf. Accessary.] Accompanying as a subordinate; aiding in a secondary way; additional; connected as an incident or subordinate to a principal; contributing or contributory; said of persons and things, and, when of persons, usually in a bad sense; as, he was accessory to the riot; accessory sounds in music. µ Ash accents the antepenult; and this is not only more regular, but preferable, on account of easiness of pronunciation. Most orho‰pists place the accent on the first syllable. Syn. Ð Accompanying; contributory; auxiliary; subsidiary; subservient; additional; acceding. AcÏces¶soÏry, n.; pl. Accessories (#). 1. That which belongs to something else deemed the principal; something additional and subordinate. ½The aspect and accessories of a den of banditti.¸ Carlyle. 2. (Law) Same as Accessary, n. 3. (Fine Arts) Anything that enters into a work of art without being indispensably necessary, as mere ornamental parts. Elmes. Syn. Ð Abettor; accomplice; ally; coadjutor. See Abettor. Ø AcÏciac·caÏtu¶ra (#), n. [It., from acciaccare to crush.] (Mus.) A short grace note, one semitone below the note to which it is prefixed; Ð used especially in organ music. Now used as equivalent to the short appoggiatura. Ac¶ciÏdence (#), n. [A corruption of Eng. accidents, pl. of accident. See Accident, 2.] 1. The accidents, of inflections of words; the rudiments of grammar. Milton. 2. The rudiments of any subject. Lowell. Ac¶ciÏdent (#), n. [F. accident, fr. L. accidens, Ïdentis, p. pr. of accidere to happen; ad + cadere to fall. See Cadence, Case.] 1. Literally, a befalling; an event that takes place without one's foresight or expectation; an undesigned, sudden, and unexpected event; chance; contingency; often, an undesigned and unforeseen occurrence of an afflictive or unfortunate character; a casualty; a mishap; as, to die by an accident. Of moving accidents by flood and field. Shak. Thou cam'st not to thy place by accident: It is the very place God meant for thee. Trench. 2. (Gram.) A property attached to a word, but not essential to it, as gender, number, case. 3. (Her.) A point or mark which may be retained or omitted in a coat of arms. 4. (Log.) (a) A property or quality of a thing which is not essential to it, as whiteness in paper; an attribute. (b) A quality or attribute in distinction from the substance, as sweetness, softness. 5. Any accidental property, fact, or relation; an accidental or nonessential; as, beauty is an accident. This accident, as I call it, of Athens being situated some miles from the sea. J. P. Mahaffy. 6. Unusual appearance or effect. [Obs.] Chaucer. µ Accident, in Law, is equivalent to casus, or such unforeseen, extraordinary, extraneous interference as is out of the range of ordinary calculation. Ac·ciÏden¶tal (#), a. [Cf. F. accidentel, earlier accidental.] 1. Happening by chance, or unexpectedly; taking place not according to the usual course of things; casual; fortuitous; as, an accidental visit. 2. Nonessential; not necessary belonging; incidental; as, are accidental to a play. Accidental chords (Mus.), those which contain one or more tones foreign to their proper harmony. Ð Accidental colors (Opt.), colors depending on the hypersensibility of the retina of the eye for complementary colors. They are purely subjective sensations of color which often result from the contemplation of actually colored bodies. Ð Accidental point (Persp.), the point in which a right line, drawn from the eye, parallel to a given right line, cuts the perspective plane; so called to distinguish it from the principal point, or point of view, where a line drawn from the eye perpendicular to the perspective plane meets this plane. Ð Accidental lights (Paint.), secondary lights; effects of light other than ordinary daylight, such as the rays of the sun darting through a cloud, or between the leaves of trees; the effect of moonlight, candlelight, or burning bodies. Fairholt. Syn. Ï Casual; fortuitous; contingent; occasional; adventitious. Ð Accidental, Incidental, Casual, Fortuitous, Contingent. We speak of a thing as accidental when it falls out as by chance, and not in the regular course of things; as, an accidental meeting, an accidental advantage, etc. We call a thing incidental when it falls, as it were, into some regular course of things, but is secondary, and forms no essential part thereof; as, an incremental remark, an incidental evil, an incidental benefit. We speak of a thing as casual, when it falls out or happens, as it were, by mere chance, without being prearranged or premeditated; as, a casual remark or encounter; a casual observer. An idea of the unimportant is attached to what is casual. Fortuitous is applied to what occurs without any known cause, and in opposition to what has been foreseen; as, a fortuitous concourse of atoms. We call a thing contingent when it is such that, considered in itself, it may or may not happen, but is dependent for its existence on something else; as, the time of my coming will be contingent on intelligence yet to be received. Ac·ciÏden¶tal (#), n. 1. A property which is not essential; a nonessential; anything happening accidentally. He conceived it just that accidentals... should sink with the substance of the accusation. Fuller. 2. pl. (Paint.) Those fortuitous effects produced by luminous rays falling on certain objects so that some parts stand forth in abnormal brightness and other parts are cast into a deep shadow. 3. (Mus.) A sharp, flat, or natural, occurring not at the commencement of a piece of music as the signature, but before a particular note. Ac·ciÏden¶talÏism (#), n. Accidental character or effect. Ruskin. Ac·ciÏdenÏtal¶iÏty (#), n. The quality of being accidental; accidentalness. [R.] Coleridge. Ac·ciÏden¶talÏly (#), adv. In an accidental manner; unexpectedly; by chance; unintentionally; casually; fortuitously; not essentially. Ac·ciÏden¶talÏness, n. The quality of being accidental; casualness. Ac¶ciÏdie (#), n. [OF. accide, accidie, LL. accidia, acedia, fr. Gr. ?; ? priv. + ? care.] Sloth; torpor. [Obs.] ½The sin of accidie.¸ Chaucer. Ac·ciÏpen¶ser (#), n. See Acipenser. AcÏcip¶iÏent (#), n. [L. accipiens, p. pr. of accipere. See Accept.] A receiver. [R.] Bailey Ø AcÏcip¶iÏter (#), n.; pl. E. Accipiters (#). L. Accipitres (#). [L., hawk.] 1. (Zo”l.) A genus of rapacious birds; one of the Accipitres or Raptores. 2. (Surg.) A bandage applied over the nose, resembling the claw of a hawk. AcÏcip¶iÏtral (#), n. Pertaining to, or of the nature of, a falcon or hawk; hawklike. Lowell. Ø AcÏcip¶iÏtres (#), n. pl. [L., hawks.] (Zo”l.) The order that includes rapacious birds. They have a hooked bill, and sharp, strongly curved talons. There are three families, represented by the vultures, the falcons or hawks, and the owls. AcÏcip¶iÏtrine (#; 277), a. [Cf. F. accipitrin.] (Zo”l.) Like or belonging to the Accipitres; raptorial; hawklike. Ø AcÏcis¶mus (#), n. [NL., fr. Gr. ?.] (Rhet.) Affected refusal; coyness. AcÏcite¶ (#), v. t. [L. accitus, p. p. of accire, accere, to call for; ad + ciere to move, call. See Cite.] To cite; to summon. [Obs.] Our heralds now accited all that were Endamaged by the Elians. Chapman. AcÏclaim¶ (#), v. t. [L. acclamare; ad + clamare to cry out. See Claim, Clamor.] [R.] 1. To applaud. ½A glad acclaming train.¸ Thomson. 2. To declare by acclamations. While the shouting crowd Acclaims thee king of traitors. Smollett. 3. To shout; as, to acclaim my joy. AcÏclaim¶, v. i. To shout applause. AcÏclaim¶, n. Acclamation. [Poetic] Milton. AcÏclaim¶er (#), n. One who acclaims. Ac·claÏma¶tion (#), n. [L. acclamatio: cf. F. acclamation.] 1. A shout of approbation, favor, or assent; eager expression of approval; loud applause. On such a day, a holiday having been voted by acclamation, an ordinary walk would not satisfy the children. Southey. 2. (Antiq.) A representation, in sculpture or on medals, of people expressing joy. Acclamation medals are those on which laudatory acclamations are recorded. Elmes. AcÏclam¶aÏtoÏry (#), a. Pertaining to, or expressing approval by, acclamation. AcÏcli¶maÏtaÏble (#), a. Capable of being acclimated. AcÏcli·maÏta¶tion (#), n. [Cf. F. acclimation. See Acclimate.] Acclimatization. AcÏcli¶mat? (#; 277), v. t. [imp. & p. p. Acclimated (#); p. pr. & vb. n. Acclimating.] [F. acclimater; ? (l. ad) + climat climate. See Climate.] To habituate to a climate not native; to acclimatize. J. H. Newman. AcÏcli¶mateÏment (#), n. Acclimation. [R.] Ac·cliÏma¶tion (#), n. The process of becoming, or the state of being, acclimated, or habituated to a new climate; acclimatization. AcÏcli¶maÏti·zaÏble (#), a. Capable of being acclimatized.

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