Actio

A doing, performing: an action, or right of action.

Actio non accrevit infra sex annos

The action has not accrued within six yeai-s: the right of action has not arisen, etc. The Latin form of the plea of the statute of limitations. In strictness, appropriate only when the action has accrued subsequently to the promise. To an action on the promise, the plea is non assumpsit infra sex annosJ See Accrue, 2.

Actio personalis moritur cum persona

A personal action dies with the person. Applies to actions merely personal, arising ex delicto^ for wrongs actually done by the defendant, such 1 People V. Tiphaine, 13 How. Pr. 76-77 (1856). « Chumasero v. Potts, 2 Monta. 284-86 (1876). s 1 Bl. Com. 86; Unity Township v. Burrage, 103 V. S. 454 (1880). ■"Lapeyre v. United States, 17 Wall. 198 (1872), Swayn'e, J. See also 7 Wheat. 211; 1 Gall. 62; 20 Vt. 653; 21 id. 619; 1 Kent, 457. 'Smith V. Shaw, 21 E. C. L. 126 (1829). ag trespass, battery, slander i in which the action cannot be revived by or against any representative. But actions arising ex contractu, by breach of promise, in which the right descends to the representative, may be revived: being actions against the property rather than against the person.' Expresses the rule at common law with regard to the surviving of personal actions arising ex delicto, for injuries to the person, personalty, or realty.

By 4 Edw. m (1331), c.

7, the rule was so modified as to give an action in favor of a personal representative for injuries to personalty; by 3 and 4 Will. IV (1833), o. 43, an action was given against personal representatives for injuries to personalty or realty; ^ and by 9 and 10 Vict. (1846), c. 23, known as Lord Campbell's Act, a right of action for damages for the death of the person injured by the wrongful act, neglect, or default of another, is given to near relatives — husband, wife, parent, child. These statutes have been followed in this country. At common law actions on penal statutes do not survive. Congress has not changed the rule with respect to actions on the penal statutes of the United States.

3 See further Damages.

Non oritur actio

A right of action does not arise — ex dolo malo, out of a fraud; — ex nudo pacto, out of an engagement without a consideration; — ecc pacto illioito, upon an unlawful agreement; — ex turpi causa or contractu, out of an immoral cause or contract; Whenever illegality appears, whether the evidence comes from one side or the other, the disclosure is fatal to the case. Consent carinot neutralize its effect.* Whatever the contamination reaches it destroys. See further Delictum, In pari, etc.