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Actor

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

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.