Ac Etiam

English Law: Ac Etiam in the Past

In order to give jurisdiction to a court, a cause of action over which the court has jurisdiction is alleged and also,, (ac etiam) another cause of action over which, without being joined with the first, the court would have no jurisdiction; for example, to the usual complaint of breaking the plaintiff’s close, over which the court has jurisdiction, a clause is added containing the real cause of action. This juridical contrivance grew out of the Statute 13 Charles H. Stat. 2, c. 2. There is further information on this topic in this legal reference. The clause was added by Lord North, Ch. J. of the C. P. to the clausum fregit writs of that court upon which writs of capias might issue. He balanced awhile whether he should not use the words nec non instead of ac etiam. There is further information on this topic in this legal reference. The matter is fully explained in Burgess on Insolvency, 149. 155. 156. 157. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about ac etiam is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including ac etiam.

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