Actual Delivery

It is held commonly to apply to the ceding of the corporal possession by the seller, and the actual apprehension of corporal possession by the buyer, or by some person authorized by him to receive the goods as his representative for the purpose of custody or disposal, but not for mere conveyance. Bolin v. Huffnagle, 1 Rawle (Pa.) 19. See Delivery. ACTUARIUS (Lat). One who drew the acts or statutes. One who wrote in brief the public acts. An officer who had charge of the public baths; an officer who received the money for the soldiers, and distributed it among them; a notary. An actor, which see. Du Cange.

In the law of sales, actual delivery consists in the giving real possession of the thing sold to the vendee or his servants or special agents who are identified with him in law and represent him. Constructive delivery is a general term, comprehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by a construction of law, equivalent to acts of real delivery. In this sense constructive delivery includes symbolical delivery and all those traditiones fictae which have been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of lien and stoppage in transitu, such as marking and setting apart the goods as belonging to the vendee, charging him with warehouse rent, etc. 1 Rawle, 19.