Page:Black's Law Dictionary (Second Edition).djvu/32

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ACTIO

action for the partition of an inheritance. Inst. 4, 6. 20; Id. 4). 17. 4. Called, by Bracton and Fletu, a mixed action, and classed among actions arising ea qiwai contructu, act. fol. 1001); Id. Eols. 4431), 4-1-1: Flcta, iib. 2, C. (50. § I.—Aetio fun-ti. An action of theft: an action foundcd upon theft. Inst. 4, I. 1."r17; Iiiact. (oi. This could only be brought for the penalty attached to the oifense, and not to recover the thing: stolen itself, for whicb other actions were provided. Inst. 4, 1. 19.—Actio honoriu-in. An honorai or pi.rtori'in action. Dig. -14. 7. 9". 35.—Ae in faetnm. An action adapted to the particular case. having an analogy to some not" "a ins, the latter being founded on some subs ting acknowledged aw. Spence. Eq. Jur. £12. The origin of these actions is similar to that of actions on the case at common liiw.—Actiu judicati. An mtion ins'i'i'tiited_ after four months had ehpseii after the rendition of Judgment. in which the judge issued his warrant to seize. first, the morahies_ which were sold within eight days afterwards; and then the ll.uu1(i\:ll)lE‘§, which were dcliu-red in pledge to the creditors, or put under the care of a curaror, and if, at the end of two months, the debt was not paid, the land was sold. Dig. 42. 1; Code. 8. 34.—Actiu le- gis Aqniliae. An action onder the Aquilian law; an action to recover diimngcs for malicionsiy or injuriousiy killing or wounding the slave or be'isi: of another, or injuriu in any way a thing belonging to_ another, therivise caiied damn‘ irijuriiz iu‘tm.—Aotio ma.-ndati. Included actions to enforce contracts of mandate, or obligations arising out of them. Hunter. Rom. Law. 3I6.—Actio mixta. A mixed action; an action brought for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an «Latin in 1'('1ii, and in person- Inst. 4. 6. 16. 18, I9, 20: Maclield. Rum. Law, § 209—Aetiu negntoria. An action brought to repel a claim of the defend-int to o. servitude in the plo.intitI’s land. Mat-held. Rom. Lriw, § 32-L—Actio negutinrnm geatnrinn. Included actions betvwccn piincipnl and agent and other parties to an engagement, whereby one person undeitook the transaction of busi- ness for anoth_cr.—Actio noxiilis. A noxal action: an action which lay against a master for a crime committed or injury done by his slave: and in which the i:nasl'er bad the alternative either to pay for the d:ini.'L_uc done or to deliver up the slave to the complaining psLrt_r. InsL 4, 8. pr.; Ileinecc. Elem. lib. -lr. tit. 8. So called from no.-m, the offense or injury coinniittcd. Inst. 4. 8, ‘l.—Actin pigiioratitia. .-in action of pledge; an action founded on the eontmct of pledge. (pi;/uiis.) Dig. 13. 7: Uod. 4. 2l.—AA:tio prmjuilicinlis. A pre- iimiiiary or pI'1'Diil"li'Ol'y at-Lion. An action instituted for the determination of some pI& liminaiy matter on which other litigated matters depend, or for the determination of some point or question arising in another or principal action: and so called from its being (lctrrniiw ed bcfarc. (prim, or pro: iiidz'mrl.)——Actiu prmseriptis verbia, form of action which ili-iived its force from continued usage or the respoiisa priulentium, and was Iouudul on the unwritten law. 1 Spence. EL}. Jiir. 212.--Actin praetoria. A pnxztorian action; ' troduneri by the pruetur, as the more ancient uctia do (1. .

6, 3; Maekeid. Rom. Law. § 20T.—Actio pro sacio. An nation of partnership. An action brought by one partner against his associates to compei them to l.8i'l‘_V out the terms of the partnership agreement.-—Actio pnbliciana. An action which lay for one who had lost a thin of which he had boiia [Ede obtained possession. before he had gained a property in it. in order to have it restored, under color that he had obtained a plfipcrty in it by prescription. Inst 4. 6. 4: ' eiuecc. Elem. lib. -1. tit.


.i.( 1.’) InsL .

4 ACTIO CIVILIS

6. § 1131; il_lallifa.x, Anal. b. 3, (L 1. n. 9. It was an honorary action, and derived its name from the 'pl‘{EtO!‘ Pubiieius, by wiiosc edict it was first given. Inst. —Aotio quail jnasu. An action given against a mnsier, founded on some business done by his slave. acting under bis order. tjussii.) Inst. 4. 7. 1; Dig. 15, 4 d. 4, 26_—Aotio quail metna oansa. Au !lLfiDl1 granted to one who had been compelled by unlawful force, or fear (mctiis cause) that was not groundless. (merits 1I1'1)bl1- bilis or justua.) to deliver. sell, or promise a thing to another. Biait fol. 10312; Mackeid. Rom. Law, § 22G.—Actio 1-ealis. A real action. The proper term in the civil law was mi i:indi¢.a.tiu. Inst. 4, 6. 3.—Actio redIii'bi-

aria. An action to cum-ei a sale in conse- quence of defects in the thing sold. It was prosecuted to compel coiiipirto restitution to the seller of the thing sold, with “S produce and accessories, and to give the biivci book the price, with interest, as an equivalent for the restitiition of the produce Hunter, Rom. Law, 3:12. —Aetio re:-um amotarum. An action for things removed: on action Wlillli. in cases of divorce, lay for a. husband against a wife, to recover things carried flw.'ly by the latte i contemplation of such divorce. ' "‘ " 25, 2. 25, 30. It also liiy for the the husband in such cases. Id. 2.). 2 Cod. 5, 21.—Aetiu rescissox-ia. for restoring the plaintiff to a right or title wbieii be has lost by prescription. in a case where the equities are siicb that be should be relieved from the operation of the prescription. Maekeld. Rom. Law, 22G.—Actio sex-viana. An action which lay 0|‘ the lesser of a farm, or rural estate, to recover the goods of the lessee or farmer, which were pledged or bound for the rent. Inst. 4, 6. 7-—Actio strieti ju- ris. An action of strict rigiit The class of civil law personal actions, which were ii<ljiid_i;- ed only by the strict law, and in which the judge was iiiuited to the precise language of the formula, and had no discretionary pouer to regard the harm fidcs of the transaction. See Inst. 4, 6. 2S: Gzuus. iii 137: Maciceid. Rom. Law, 5 210—Actio tntelae. Action founded on the duties or obligations arising on the relation analogous to that of guardian and ward —Actiu ntilis. A beneficial action or equit- able action. An iiction foundcd on equity instead of strict law, and available for those who had equitable rights or the beneficial owneiship of property. Actions are divided into director or ufiiea actions. The former are founded on certain legal obligations which from their origin were accurately defined and recognized as actionable. The latter were formed analoglcally in imitation of the former They were permitted in legal obligations for which the autioncs (lirectm were not originally intended. but which resembled the logai obligations which formed the besis of the direct action. Mackeid. Rom, w,_ § 2(Vi'.—Actio venditi. An action employed -in behalf of a seller. to compel a buyer to pay the price, or perform any special obligations embodied in a contract of sale. Huntcr. Iiom. Law, 33‘2.—Actio vi ‘honor-um raptornm. An action for goods taken by force: a species of mixed action, which lay for a party whose goods or movabios (bomz) had been taken from him by force. (m',) to recover the things so taken, together with a penalty of triple the value. Inst. 4. 2: Id. 4, 6, I9. Bractnn describes it as lying do mbus mobilibus vi ablizlis give robbatis, (for moi able things tak- en auay by force, or rolibcd.) Bract. fol. 1031). --Aetio vulgar-is. A legal action: a common action. Sometimes used for actia di/recto. Maciield. iicm. Law. § 207.

{{anchor+|.|ACTIO CIVILIS. In the common law. A civil action, as distingliished from a crimi-

nal action. Bi-acton divides personal action: