Page:Black's Law Dictionary (Second Edition).djvu/36

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ACTCOR

(cuusa publica) he was called "aocu.-iatar.” The defendant was called “reus," both in private and public causes; this term. how- ever, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we might conclude from the word itself. in a private action, the defendant was often call- ed “ail1:t’/marina," but either party might be called so.

Also, the term is used of a party who, for the time being, sustains the burden of proof, or has the initiative in the suit.

In old European law. A proctor, ad- vocate, or pleader; one who acted for an- other in legal matters; one who represented a party and managed his cause. An attorney, bailiff, or steward; one who managed or acted for another. ’ihe Scotch "doer" is the literal translation.

Actor qui contra. regalam quid ndduxit, non est audjendu. A plaintiff is not to be heard u ho has advanced anything against authority, (or against the rule.)

Actor seqnitlu for-um rel. According as rat is intended as the genitive of rm, :1 thing, or Teas, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the defendant's residence. Branch, Max. 4.

Actore non probante tens absolvitur. When the plaintiff does not prove his case the defendant is acquitted. Hob. 103.

Actori incuinbit onus probanlli. The burden of proof rests on the plaintiff, (or on the party who advances a proposition offlrmatively.) Hob. 103.

{{anchor+|.|ACTORNAY. In old Scotch law. An attorney. Skene. {{anchor+|.|ACTRIX. Lat. A female actor; a fe-

male plaintiff. Calvin.

Acts indicate the intention. 8 Co. 1460,‘ Brooni_ Max. 301.

{{anchor+|.|ACTS OF COURT. Legal meluorauda made in the admiralty courts in England, in the nature of pleas.

{{anchor+|.|ACTS OF SEDERUNT. In Scotch law. Ordinances for regulating the forms of proceeding, before the court of session, in the administration of justice, made by the iudges, who have the power by virtue of a Scotch act of parilauieut passed in 1540. Ersk. Prin. § 14.

{{anchor+|.|ACTUAL. Real; substantial; existing presently in act. having a valid objective existence as opposed to that which is mere- ly theoretical or possible.

Something real, in opposition to constructive or specuizitive; something existing in

23 ACTUS act. Astor v. Merritt. 111 U. S. 202, 4 Sup. Ct. 413, 28 L. Ed. 401; Kelly v. Ben. Ass'n, 46 App. Div. 79, 81 N. Y. Supp. 394; State V. Wells, 31 Conn. 213.

As to actual “Bizrs," “Damages,” “Delivery,” “Es lction." “1I‘rand," “ll lice," “No-

tice," "Occupation," “0uster." "Posse. ion," “Resideuce," “Seisi.n," “Total Loss," see those titles.

—Actnnl cash value. The fair or reasonable cash price for which the property could be sold in the market. in the ordinary course of business, and not at forced sale: the price it will bring in, a fair market after reasonable efforts to flnd a purchaser who will give the highest price. Birniingliani F. Ins. Co. v. Pul- ver, 126 iii. 329. 18 N. E. 804. 9 Am. St Rep. 599; Mack v. Lancashire Ins. (‘n. (C. C. Fed. 59' Morgan's L. & T. R. . S. Bnard of Rexiewers, 41 La. Ann. 1156. 3 507.--Actual change of po ssion. statutes of frauds. An open, visible, and unequivocal change of possession, uianifcslsd by the usual outward signs, as distinguished from a merely formal or constructive change Randall v. Parker, 3 Saudi. (N. Y.) 69: Murch v. Sucuss.-u, 40 “inn. 421, 42 N. “I 200: Dodge v. Jones. 7 “out. 121, 14 Pac. Stevens v. Irwin. 15 (‘-ii. 503. 76 Am. Dcc. 500_—Actnel cost. The actual price paid for goods by a party, in the case of a real bum: fiile pur- chase, and not the market value of the goods. Alfonso v. United States, 2 Story_ 421, Fed. Cas. No. 188; United States v. Sixteen Pack- ages, 2 Mason. 48, Fed. No. 1 : lexington, rate, R. Co. v. Fitcl org R. .. 9 Gray l_Mass.) 226. Actual sale. Lands are "actually sold" at a tax sale, so as to entitle the treasurer to the statutory fses, when the sale is completed; when he has collected from the purchaser the amount of the bid. Miles v. Miller. 5 l\'cb. ‘_772.—Actnnl violence. An assniilt with actual violence is an assault with physical force put in action. exertcll upon the person assailed. The term violence is synonymous with ph_\‘SiC':1l force, and the two are used inter-

—w

cliaugenhly in relation to assaults. State v. Wells. 31 Conn. 210. {{anchor+|.|ACTUARIIJS. In Roman law. A no-

tary or clerk. One who drew the acts or statutes, or who wrote in brief the public acts.

{{anchor+|.|ACTUARY. In lihiglish ecclesiastical law. A clerk that registers the acts and constitutions of the lower house of convocation; or a registrar in a court christian

Also an officer appointed to keep savings banks accounts: the computing officer of an insurance company; a person skilled in calculating the value of life interests, annuities, and insurances.

{{anchor+|.|ACTUM. Lat Adeed; somethingdone.

{{anchor+|.|ACTUS. In the civil law. A species of right of way, consisting in the right of driving cattle, or a ca1‘rla.9:c. over the land subject to the servitude. Inst 2. 3, pr. It is sometimes translated a "road." and icnluded the kind of way termed “ttcr." or path Lord Coke, who adopts the term “act-ua" from Bracton, defines it a foot and horse way, vulgarly called "pncl: and prime

way;" but distingiiishes it from a cart-way.