Actor

In Roman law. One who acted for another; one who attended to another's business; a manager or agent. A slave who attended to, transacted or superintended his master's business or affairs, received and paid out moneys, and kept accounts. Burrill. A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans "petitor;" in a public action (causa publica) he was called "accusator." The defendant was called "reus," both in private and public causes; this term, however, 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 called "adversarius," 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, advocate, or pleader; oue who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bailiff, or steward; one who managed or acted for another. The Scotch "doer" is the literal translation. Actor qui contra regulam quid adduxit, non est andiendus. A plaintiff is not to be heard who has advanced anything against authority, (or against the rule.)

Lat. The party who institutes or prosecutes an action. In some actions, as in replevin, the term is extended also to the other party. Actor in rem suam: an agent in his own matter. Actor qui contra regulam quid adduxit non est audiendus: a pleader ought not to be heard who advances a proposition contrary to the rules of law. Actor sequitur formam rei: the plaintiff follows the form of proceeding. Actor sequitur forum rei: the plaintiff follows the forum of the thing; the plaintiff follows the court of the defendant. Actori incumbit probatio [onus probandi], Lat. The burden of proof lies on the plaintiff.

In Roman law. One whoacted for another; one who attended to another's business; a manager or agent. A slave who attended to, transacted, or superintended his master’s business or affairs, received and paid out moneys, and kept accounts. Burrill. A plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans “petitor;” ina public action (causa publica) he was called “accusator.” The defendant was called “reus,” both in private and public causes; this term, however, according to Cicero, (Ve Grat. ii. 43,) might signify either party, as indeed we might conclude from the word itself. In a private action, the defendant was often called “adversarius,” but either party might be calied 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 Huropean law. A proctor, advocate, or pleader; one who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bail. iff, or steward; one who managed or acted qui contra regulam quid adit, non est audiendus. A plaintiff is obe heard who has advanced anything sinst authority, (or against the rule.) or sequitur forum rei. According ia intended as the genitive of ves, a rei os veus, a defendant, this phrase is: The plaintiff follows the forum of ) property in suit, or the forum of the dedant’s residence. ranch, Max. 4. Actore non probante reus absolvitur. the plaintift does not prove his case the dant is acquilted. Hob. 103. Actori ineumbit onus probandi. Thea _ burden of proof rests on the plaintiff, (or on “the party who advances a proposition afirmatively.) Hob. 103.

1. Lat. A doer; a plaintiff. See Caveat, Actor. Actor sequitur forum rei. The plainti£E follows the forum of the thing — the thing in suit, or the residence of the defendant.! Personal actions are to be brought before the tribunal of the defendant's domicil. Actions for collisions between vessels may be brought where neither party resides: on the ground that a quasi-contract arises on the part of the wrong-doer to pay the damage he has caused, and that the place of performance is taken to be the port at which the injured vessel first arrives.^ See Action, 2, Local. Actori incumbit probatio. On the plaintiff rests the proving — the " burden of proof," q. V. 2. Eng. (1) A doer, a performer: as, the chief actor in a crime. ^ See PRliiciPAL, 5. He who institutes a suit; a plaintiff,* q. v. He who avers a matter as a fact or law. (3) A stage-player. See Review, 3.

I. A plaintiff. Actor sequitur follows the defendant's court): the plaintiff defendant lives. Aotore non probante the plaintiff not having proved his case, charged. Actori incumbit probatio: lies on the plaintiff.

Lat. [from agere, to act, to do, to move.'] In the civil and common law. The party who institutes or prosecutes an action, {qui lege agit;) a plaintiff. Inst. 4. 6. 30, W, 38. Id. 4. 15. 7. Bract, fol. 106 a, 376 a. 2 BL Com. 25. Sometimes termed agen Sy and pars actrix. Inst. 4. 6. 33. Eeg. Orig. 9 a. In some cases, both parties are regarded as actors; {utergue actor est;) and such actions are termed in the civil law, judicia duplieia, and mixtce actiones; double or mixt actions. Dig. 44. 7. 37. 1. 1 Macheld. Civ. Law, 188, § 193. Of this desdiption is the modem action of replevin. But the term actor, even in these cases, properly belongs to the party commencing the proceedings, {ilU actor qui prime provocaverit ad judicium.) Bract, fol. 102 b. 372 a. In the civil law. A proctor, advocate, or pleader; one who represents a party, and manages his cause, {qui causam agit.) Actor dominicus; the lord's, or king's advocate, or attorney. Spelman. Cowell. Actor ecclesicB; the advocate, or pleading patron of a church. Id. In the civil law. A temporary guardian or tutor. Inst. 1.23.6. An attorney, bailiff or steward; one who manages or acts for another; Scottice, a doer, which is the literal translation. Actor dominimis; a lord's bailiff. CowelL Actor villa; the steward or head bailiff of a town or village. Spelman. Cowell. Actmr •c^Hitar f«ram r«i. The plaintiff follows the forum of the thing [m controversy.] He must sue in the court where the property is; that is, in the court of the place, or country, where the thing {res) in controversy is situate, {sita est;) or, as it is technically expressed, in ih^ forum rei sitoe, (q. V.) 2 Kent's Com. 462, 463. SUyry's Confi. of Laws, § 325 k. Every question concerning a subject Ires'] moveable or immoveable, must be determined by the judge whose ]e^ powers extend over that subject. %Mames* Equity, 343. AclmPM«alnir fernmni. The pkuntiff follows the court of the defendant, {reus;) that is, he must sue in the court of the place where the defendant resides. This was a maxim in the time of Bracton. Verum est quod sive laicum sive clericum velit quis convenire, debet adire judicem et sequi forum rei, et judicem habebit ilium apud quern reus habet domidlium, sive domicilium hahuerit sub jurisdictions unius vel duorum. It is true that whether one desires to sue a layman, or a clerk, he must apply to the judge, and follow the court of the defendant, and must have him as his judge with whom the defendant has his domicile, whether he has his domicile under the jurisdiction of one, or two. Bract, fol. 401 a. But this maxim was not of universal application. Id. ibid. The apparently exact verbal similarity between this and the preceding maxim will not escape notice; the difference consisting in the circumstance that the word rei in the one, is the genitive of res, (a thing,) and in the other, of reus, (a defendant.) A€t«rl i Mcanbit pr«b«ti«. The burden of proof lies on the plaintiff. Hob. 103 a.

practice, 1. A plaintiff; or complainant. 2. He on whom the burden of proof lies. In actions of; replevin both parties are said to actors. The proctor or advocate in the courts of the civil law, was called actor.