Page:Black's Law Dictionary (Second Edition).djvu/31

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AOTA PUBLIOA

{{anchor+|.|ACTA PIIBLICA. Lat Things 0! general knowledge and concern: matters trans- acted before certain public officers. Calvin.

{{anchor+|.|ACTH. In French law, denotes a docu-

ment, or formal, solemn writing, embodying a legal attestation that something has been done, corresponding to one sense or use of the English word “act." Thus, actes dc nuisxanuz are the certificates of bi.rt.h, and must contain the day, hour, and place of birth. together with the sex and intended christian name of the child and the names of the parents and of the witnesses. Aczca de mm-cage are the marriage certificates, and contain names. professions, ages, and places of lilrth and domicile of the two persons lll'11'l‘yil]]_I, and of their parents; also the consent or these latter, and the mutual agreements of the intended husband ni.ul wife to take each other for hettcr and worse, together with the usual attestations. Actcs do décés are the certificates of death, which are required to be drawn up before any one may he buried. Les acres 119 Pétut civil are public documents. Brown. -Acte anthentiqne. A deed. executed with certain prescribed formalities, in the presence of a notary, mayor, grefiicr, lmissior, or other functionnry qualified to act in the place in which it is drawn I11’). Argles, Fr. More. Law. 50. -Acte do francisntion. The certificate of ' tration of a ship, by virtue of which its Fr ch nationality is c.stahlislied.—Aete d‘hé- ritier. Act of inheritance. Any action or [act on the part of an hcir which manifests his intention to accept the succession; the accepti\I|L(‘ may be express or tacit. Duverger.—Acte extrnjndiciaire. A documcnt served by n hii.iss-icr, at the demand of one party upon an- other party, without legal proceedings.

{{anchor+|.|ACTING. A term employed to designate £1 locum Icarus who is per1'orniing the duties of an office to wlilch he does not himself claim title; e. 0., "Acting Supervising Architec-t,." Fraser v. United States. 16 C-1:. Cl .314. An acting executor is one who assumes to act as executor for a decedent, not being the e\'ecutor legally appointed or the exec- utor in fact. Morse v. Allen, 99 Mich. 303, 58 N. W. 327. An acting trustee is one who takes upon himself to perform some or all


of the trusts mentioned in a will. Sharp v. Sharp, 2 Barn. & Aid. 415.

ACTIO. Lat In the cifil luw. An action or suit; a right or cause of action. it should

be noted that this term means both the proceeding to enforce a right in a court and the right itself which is sought to be enforced.

—Actio ad exhibendum. An action for the purpose of compelling a defendant to exhibit I thing or title in his power. It was pre-pnratorv to another action, which was always a retail action in the sense of the Roman law: that is. for the recovery of 9. thing, whether it was mov- able or immovable. Merl. Quest. tome i. S4.- Actiu mntimntorla; actio qnnnti niinnris. Two names of an action which lay in behalf of n huyer to reduce the contract price, not to cancel the sale; the imlea: had power, however, to cancel the sale. Hunter. Rom Law, Actio arbitrarin. Action depending on the

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{{anchor+|.|ACTIO

discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his di retion. he was iinbie to be condemned. ld. —Actio lmnsa iidei. A class of actions in which the judge might at the trial, es o/ficio. take into account nny equitable circumstances that were presented to him aflfccting either of the parties to the action. 1 Spence. Eq. Jur. 2l8.—Aetia cnlnmnise. , action to restrain the defend- ant from prosecuting a groundless procecrlinv or trum ed-up charge against the plaintj . Hunter. in. Law. S’ .—Actio cununndati. Included several actions appropriate to enforce the ohligations of Pt hnrrower or a lender. Id. 3l)5.—Actio commodatl contraria. An action by the borrriwei‘ against the lender. to com- Sel the execution of the contiaci. Pntii l—‘rét Usage. n. 7fi.—Actio conunodati directs. An action by a lender against a borrower, the principal ohiect of which is to ohtaln a restitutinn of the thing lcnt. Potli. Pm‘: tl Usage. nu. B5. CiS.—Actio eommnni dividnndo. An action to procure a judicial division of joint prop- erty. Hunter. Itom. Law, 1‘)-1 It was ans.- logons in its ohject to proceedings for partition in modem law.-Actio condictio indehitnti. An action by which the plaiutifif r:-rovers the amount of a sum ofmoney or other thing he paid hy mistake. Path. Promutuum, u. 140: Merl. Itepert.—Actiu confessorin. An affirmotive pctitory action for the l‘b\Cl,I}_7, ilion a.nd enforcement of a servitude. So called because hased on the plaint:ilT’s sfiirmative allegation of a rizht in defendant's land. Distinguished from an llftlfl wgafni-Io, uliich was brouzht to repel a claim of the di-[cnilant to a servitude in tho plnintitf’s land. “ackeld. Item. Law. § J24. —Actin damn! injnrin. The name of a general closs of at-Lions for damages, including many species of suits for losses caused hr wrongful or negligent acts. The term is shout equivalent tn our "action for damagt-s."—Actio de dolu nmlu. An action of fraud; on action which lay for it defiauded person against the defrauder and his heirs, who had bccn elJI’l('l'lEtl the fraud, to ohtain the restitution of the g of which he had been fraudulently ile- ‘pl 'cd. uith all its accessions (cum amni cuusa :) or, where this was not practicable, for compensation in damages. l\Iacheld. Rom. Law. 22'(.—Ac de pecnlio. An action concerning or against the pzec-alium, or separate prupcity of a pai'ty.—Actio dc pecunia. constitnta. An action for money engaged to be paid; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation. Inst. 4, 6, 9: Dig. 13. 5; Cod. 4. . Actlu depositi eontrnria. An action which the dc- positnry has against the depositor. to compel him tn fulfil his ensagcment towards him. Poih. Du Dépdt. n. G9.—Actiu deposit! di- recta. An action which is hrought by the depositor against the depositary. in order to get back the thin: deposited. Poth. Du Dépét, n. 60.—Aetio directs. A direct action: an action founded on strict law, and conducted according to fixed forms; an action founded on certain legal obligations which from their origin were accurately defined and recognized as actionahle.—Actio empti, action employ!-rl in hehiilf of a buvcr to compel a seller to perform his ohligations or pay compensation; al- so to enforce any special agreements by him, emliodied in a contract of sale. I-Iunter. Rom Law. 332.—Actio ex eondncto. An action which the h-iilor of a thin: for hire may hring a,r:ainst the hailee. in. order to compel him to redeliver the thing hircd.—Actio ex locnto. An action upon letting; an action which the person who let a thing for hire to another mighti are against the hirer. Dig. 19. 2; God. 4. fi.—Actio ex stipnlntn. An action brought to enforce a stipulation.—Actio exercitoria. An action against the wrc-rcizur or employer of 3 vessel.—Actio frunilim or-ciscnndu. An


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