Page:Black's Law Dictionary (Second Edition).djvu/37

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ACTUS

Co. Liit. 5641; Royden v. Acheuhach, 79 N. C. 539.

In old English law. All act of parlia- ment; a statute. A distinction, however, was sometimes nmde between acms and smmmm. Actus parlimnenti was an act made by the lords and commons; and it became siatutmn, when it received the king's consent. Baiting. Obs. St. 46, note D.

{{anchor+|.|ACTUS. in the civil law. An act or action. A-‘on tuntmn. verl2i.s-. sed etimu uctu; not only by words, but also by act Dig. 46. 8, 5.

Actns curiae neminem gravnhit. An act of the coult shull prejudice no man. Jenk. Cent. 118. Where a delay in an action 15 the nct of the court, neither party shall suiier for it.

Actus Dei nemini est dmnzmsns. The act of God is hurtful to no one. 2 Inst 287. Thnt is, a person cannot be prciudiced or held respunsihie for an accident occurring without his fault and attributable to the

“act of God." See Acr. Actlu Dei nemlni faclt injnrisan. The act of God does injury to no one 2 BL

Comm. 122. A thing which is inevitable 'by the act of God, which no industry can avoid. nor policy prevent, will not be construed to the prejudice of any person in whom there was no laches. Broom, Max. 230.

Actns inceptus, eujns pen-fentio pendet ex voluntata par-tiuan, I-evocsri potent; si nntem pemlet ex volnntate tertiae parsonm, vel ex contingenti, revo- eari non pntest. An nct already begun, the completion of which depends on the will of the parties, may be revoked: but if it depend on the will of a third person, or on a contingency, it cannot be revoked. Bac. 1\iaX. reg. 20.

Aetni jmliciar-ins eornm non jmliee lrritus habetnr, do ministerial! antom s. qnncnnqne provcnit ratnm esto. A judicial act by a judge without jurisdiction is void; but 21 ministerial act from whom- sncrer proceeding, may he ratified Lofft, 438.

Actns legis nemini est damnosns. Tile act of the law is hurtful to no one An act in law shall prejudice no man. 2 Inst. 237.

Aotnn legis ncmini facit injuriazn. The act of the law does injury to no one. 5 Cake, 116.

Actns legitimi non recipiunt modum. Acts required to be done by law do not ad- nut of quaiification. Hob. 153; Branch, Pr-inc.

29

AD COMMUNEM LEGEM

Actns me invite fsctns nun est men: nctns. An act done by me, against my will. is not my act. Branch. P1-inc.

Actun non fncit reum. nisi mens sit 1-ea. An act does not make [the doer of it] guilty, unless the mind be guilty; that is. unless the intention he criminal. 3 inst 107. The intent and the act must both cacnur to constitute the crime. Lord Kenyon, C. 1., 7 Term 514: Bmom, Max. 306.

Actnl repngnus non potest in ease prodnei. A repugnant act cannot be ivrou::ht into being. i. e., cannot be made effectual. Plowd. 355.

Actns sex-vi in Us qnilans opera ejns commlmiter mllnibita est. nctns domini habetur. The act of a servant in those things in which he is usually employed, is considered the act of his master. Lofrt, 227.

AD. Lat. At; by; for; near; on account of: to; until: upon.

AD ABUNDANTIOREM CAUTELAM. L. Lat. For more abundant caution. 2 How. State Tr. 1182. Otherwise expressed. ad clmtelam ea: superubuzxdann. Id. 1163.

AD ADMITTENDUM CLERICUM. For the admitting of the clerk. A writ in the nature of an execution, commanding the bishop to admit his clerk. upon the suu-ess of the latter in a quare impcdit.

AD ALIIID EXAMEN. To another trihnnai; belonging to another court, cogni- zance, or jurisdiction.

AD ALIUM DIEM. At another day. A common phrnse in the old reports. Yenrh. P. 7 Hen. VI. 13.

AD ASSISAS CAPEENDAS. To take asslscs; to take or hold the nssises. B1-act. fol. 110a; 3 Bl. Comm. 185. Ad assisum capiemlum; to take an assise. Bract. fol 110?).

AD AUDIENDUM ET '.l.‘E.‘R.MINAN- ZDUM. To hear and determine. St. Westu1. 2. cc. 29, 30.

AD BARRAM. To the bar; at the bar. 3 How. State Tr. 112.

AD CAMPI PART]-SM. For a share of the field or land, for charnpert. Flcta, iii». 2, c. 36, § 4.

AD CAPTUM VULGI. common understanding.

Adapted tc the

AD COLLIGENDITM BDNA DEFUNC— TI. For collecting the goods of the deceased. See Anmmrsrnarron or Esrsrss.

AD COMMUNEM LEGEM. At COLU- mon law. The name of a writ of entxy (now

E

H

1