Actual

Real, in opposition to constructive or speculative, something "existing in act;" State v. Wells, 31 Conn. 213; real as opposed to nominal; Astor v. Merritt, 111 U. S. 202, 4 Sup. Ct 413, 28 L Ed. 401. Wearing apparel "in actual use" is not confined to what is worn at the time or what has been worn, but includes what is set apart to be used as a part of one's wardrobe; id., where the phrase is carefully examined and defined. It is used as a legal term in contradistinction to virtual or constructive as of possession or occupation; Cleveland v. Crawford, 7 Hun (N. Y.) 616; or an actual settler, which implies actual residence; Mclntyre v. seizure, since there was no fiction of constructive seizure before the act; L. R. 6 Exch. 203. Actually is opposed to seemingly, pretendedly, or feignedly, as actually engaged in farming means really, truly, in fact; In re Strawbridge & Mays, 39 Ala. 367.

Real; substantial; existing presently in act, having a valld objective existence as opposed to that which is merely theoretical or possible. Something real, in opposition to constructive or spechlative; something existing in act Astor v. Merritt, 111 U. S. 202, 4 Sup. Ct 413, 28 In Ed. 401; Kelly v. Ben. Ass'n, 46 App. Div. 79, 61 N. Y. Supp. 394; State v. Welis, 31 Conn. 213. As to actual "Bias," "Damages," "Delivery," "Eviction," "Fradd," "Malice," "Notice," "Ocoupation," "Ouster," "Possession," "Residence," "Seisin," "Total Loss," see those titles.

— Actual 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 find a purchaser who will give the highest price. Birmingham F. Ins. Co. v. Pulver, 126 111. 329, 18 N. E. 804, 9 Am. St. Rep. 598; Mack v. Lancashire Ins. Co. (C. C.) 4 Fed. 59; Morgan's L. & T. R. S. S. Co., v. Board of Reviewers, 41 La. Ann. 1166, 3 South. 507.

— Actual change of possession. In statutes of frauds. An open, visible, and unequivocal change of possession, manifested by the usual outward Bigns, as distinguished from a merely formal or constructive change, Randall v. Parker, 3 Sandf. (N. Y.) 69; Mureh v. Swensen, 40 Minn. 421, 42 N. W. 290; Dodge v. Jones, 7 Mont. 121, 14 Pac. 707; Stevens v. Irwin, 15 Cal. 503, 76 Am. Dec. 500.

— Actual cost. The acfual price paid for goods by a party, in the case of a real bona fide purchase, and not the market value of the goods. Alfonso v. United States, 2 Story, 42l, Fed. Cas. No. 188; United States v. Sixteen Pack ages, 2 Mason, 48, Fed Cas. No. 16.303 ; Lexington, etc., R. Co., v. Fitchburg R. Co., 9 Gray (Mass.) 226.

— Actual sale. Lands are "actually sold" at a tax sale, so as to entitle the treasurer to the statutory fees, when the sale is completed; when he has collected from the purchaser the amount of the bid. Miles v. Miller, 5 Neb. 272.

— Actual violence. An assault with actual violence is an assault with physical force put in action, exerted upon the person assailed. The term violence is synonymous with physical force, and the two are used interchangeably in relation to assaults. State v. Wells, 31 Conn. 210.

Real; substantial; existing presently in act, having a valid objective existenca, as opposed to that which is merely theoretical or possible. Something real, in opposition to constructtyeor speculative; something existing in act. 81 Conn. 213.