Black's Law Dictionary

L. Lat (From actio, an action.) In old records. To bring an action; to prosecute or sun. Thorn's Chron.; Whis-haw.

A foreign commercial term for the proprietor of an action or share of a public company's stock; a stockholder.

An action brought to repel a clnim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, § 324.

Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transacti9n of business for another. —Actio noxalis.' A noxal acti

In the Roman law. Legal or lawful action; actions of or at law, (legttimœ actiones.) Dig. 1, 2, 2, 6.

In the English chancery. Writs for which there were precedents. The statute of Westminster, 2, c. 24, gave chancery authority to form new writs in consimili casu; hence the action

An action by a creditor to obtain a sequestration of the renis of land and the goods of his debtor for the satisfaction of the debt, or to enforce a distress.

An action for multures or tolls against those who are thirled to a mill, i. e., bound to grind their com at a certain mill, and fail to do so. Bell.

An action competent to a husband or wife, to compel either party to adhere in case of desertion. It is analogous to the English suit for restitution of conjugal rights. Wharton.

A phrase used when a defendant pleads some matter by which he shows that the plaintiff had no cause to have the writ sued upon, although it may be that he is entitled to another wr

A form of action for the recovery of claims, such as are usually evidenced by a book-account; this action is principally used in Vermont and Connecticut. Terrill v. Beecher, 9 Conn

In Scotch law. An action or proceeding intended to convict a witness of perjury, to which the witness must be made a party. Bell.

In pleading. The Latin name of that part of a special plea which follows next after the statement of appearance and defense, and declares that the plaintiff "ought not to have or m

The name of the pica of the statute of limitations, when the defendant alleges that the plaintiff's action has not accrued within six years.

An action is not given to one who is not injured. Jenk. Cent 69.

An action does not make one guilty, unless the intention be bad. Lofft 37.

A species of personal action of very extensive application, otherwise called "trespass on the case," or simply "case," from the circumstance of the plaintiff's whole case or cause

In English pleading. A name given to the distinctive clause in the pica to the further maintenance of the action, introduced in placa of the plea puis darrein continuance; the aver

In Scotch law. All actions which are not rescissory. Ersk. Inst. 4, 1, 18.

In Scotch law. These are either (1) actions of proper improbation for declaring a writing false or forged; (2) actions of reduction-improbation for the production of a writing in o

In the civil and common law. A personal action. The ordinary term for this kind of action in the civil law is actio in personam, (q. v.,) the word personalis being of only occasion

A persons right of action dies with the person. Noy, Max. 14.

An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24.

A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong.

A preliminary or preparatory action. An action instituted for the determination of some preliminary matter on which other litigated matters depend, or for the determination of some

A form of action which derived its force from continued usage or the responsa prudentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212.

A praetorian action; one introduced by the prætor, as distinguished from the more ancient actio civilis, (q. v.) Inst. 4, 6, 3; Mackeld. Rom. Law, § 207.

An action of partnership. An action brought by one partner against his associates to compel them to carry out the terms of the partnership agreement

An action which lay for one who had lost a thing of which he had bona fide obtained possession. before he had gnined a property in it, in older to have it restored, under color tha

Every action proceeds in its own way. Jenk. Cent.

An action given against a master, founded on some business done by his slave, acting under his order, (jussu.) Inst. 4, 7, 1; Dig. 15, 4; Cod. 4, 26.

An action granted to one who had been compelled by unlawful force, or fear (metUs causa) that was not groundless, (metus probabilis or justus,) to deliver, sell, or promise a thing

A real action. The proper term in the civil law was rei vindicatio. Inst. 4, 6, 3.

An action to cancel a sale in consequence of defects in the thing sold It was prosecuted to compel complete restifution to the seller of the thing sold, with its produce and access

An action for things removed; an action which, in cases of divorce, lay for a husband against a wife, to recover things carried away by the latter, in contemplation of such divorce

An action for restoring the plaintiff to a right or title which he has lost by prescription, in a case where the equities are such that he should be relieved from the operation of

An action which lay for the lessor of a farm, or rural estate, to recover the goods of the lessee or farmer, which were pledged or bound for the rent. Inst. 4, 6, 7.

An action of strict right. The class of civil law personal actions, which were adjudged only by the strict law, and in which the judge was limited to the precise language of the fo

Action founded on the duties or obligations arising on the relation analogous to that of guardian and ward.

A beneficial action or equitable action. An action founded on equity instead of strict law, and available for those who had equitable rights or the beneficial ownership of property

An action employed in behalf of a seller, to compel a buyer to pay the price, or perform any special obligations embodied in a contract of sale. Hunter, Rom. Law, 332,

An action for goods taken by force; a species of mixed action, which lay for a party whose goods or movables (bona) had been taken from him by force, (vt,) to recover the things so

A legal action ; a common action. Sometimes used for actio dvrecta. Mackeld. Rom. Law, § 207.

That is in action; that demands action ; actually subsisting ; the opposite of passive. An active debt is one which draws interest. An active trust is a confidence connected with a

One which imposes upon the trustee the duty of taking active measures in the execution of the trust, as, where property is conveyed to trustees with directions to sell and distribu

real, substantial and just damages, or the amount awarded to a complainant in compensation for hls actual and real loss or injury, as opposed on the one hand to "nominal" damages,

A legislative act, attainting a person. See Attainder.

Any act which renders a person liable to be proceeded against as a bankrupt, or for which he may be adjudged bankrupt. These acts are usually defined and classified in statutes on

In, Scotch law. The act extracted by the clerk, upon any one's acceptance of being curator. Forb. Inst. pt. 1, hi 1, c. 2, tit. 2. 2 Karnes, Eq. 291. Corresponding with the order f

Inevitable accident; vis major. Any misadventure or casualty is said to be caused by the "act of God" when it happens by the direct, immediate, and exclusive operation of the force

In Scotch law. A term applied to the act of 1696, c. 32, by which it was provided that where a person imprisoned for a civil debt is so poor that he cannot aliment [maintain] himse

When a bill has been protested, and a third person wishes to take it up, or accept it, for honor of one or more of the parties, the notary draws up an instrument, evidencing the tr

A statute by which those who have committed illegal acts which subject them to penalties are protected from the consequences of such acts.

Within the meaning of the national currency act, an act of insolvency is an act which shows the bank to be insolvent; such as non-payment of its circulating notes, bills of exchang

The operation of fixed legal rules upon given facis or occurrences, producing consequences independent of the design or will of the parties concerned; as distinguished from "act of

A statute, law, or edict, made by the British sovereign, with the advice and consent of the lords spiritual and temporal, and the commons, in parliament assembled. Acts of parliame

An accident against which ordinary skill and foresight could not guard. McCoy v. Danley, 20 Pa. 91, 57 Am. Dec. 680. Equivalent to "act of God," see supra.

In Louisiana law. An official record of a sale of property, made by a notary who writes down the agreement of the parties as stated by them, and which is then signed by the parties

The statute 12 & 13 Wm. III. c. 2, by which the crown of England was limited to the house of Hanover, and some new provisions were added at the same time for the better securing th

An act done by the sovereign power of a country, or by its delegate, within the limits of the ower vested in him. An act of state cannot e questioned or made the subject of legal p

The English stafute 1 Eliz. c. 1, whereby the supremacy and autonomy of the crown in spiritual or ecclesiastical matters was declared and established.

which regulates the terms of membership in the Church of England and the colleges of Oxford and Cambridge, (St. 13 & 14 Car. II. c. 4.) See St. 9 & 10 Vict. c. 59. The act of unifo

In English law. The statute of 5 Anne, c. 8, by which the articles of union between the two kingdoms1 of England and Scoti land were ratified and confirmed. 1 Bl. Co.mm". 97.

A form of summary proceeding formerly in use in the high court of admiralty, in England, in which the parties stated their respective cases briefly, and supported their statements

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 a

When the plaintiff does not prove his case the defendant is acquitted. Hob. 103.

The burden of proof rests on the plaintiff, (or on the party who advances a proposition affirmatively.) Hob. 103.

In old Scotch law. An attorney. Skene.

According as ret is intended as the genitive of res, a thing or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit or the forum of the de

Lat. A female actor; a female plaintiff. Calvin.

8 Co. 146b; Broom, Max. 301.

Legal memoranda made in the admiralty courts in England, in the nature of pleas.

In Scotch law. Certain ancient ordinances of the court of session, conferring upon the courts power to establish general rules of practice. Bell. In Scotch law. Ordinances for regu

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 constr

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

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,

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. 1

an actual expulsion of the tenant out of all or some part of the demised premises; a physical ouster or dispossession from the very thing granted or some substantial part thereof.

One resulting from the real and substantial destruction of the property insured.

Express malice, or malice in fact. Gee v. Culver, 13 Or. 598, 11 Pac. 302.

An open, visible occupancy as distinguished from the constructive one which follows the legal title. Co.tting v. Patterson, 82 Minn. 375, 85 N. W. 172; People v. Ambrecht, 11 Abb.

By "actual ouster" is not meant a physical eviction, but a possession attended with such circumstances as to evince a claim of exclusive right and title, and a denial of the right

This term, as used in the provisions of Rev. St. N. Y. p. 312, § 1, authorizing proceedings to compel the determination of claims to reni property, means a possession in fact effec

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 th

possession of the freehold by the pedis positio ot one's self or one's tenant or agent, or by construction of law, as ini'the case of a state grant or a conveyance under the statut

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

In Roman law. A notary or clerk. One who drew the acts or statutes or who wrote in brief the public acts.

In English ecclesiastical law. A clerk that registers the acts and constitutions of the lower house of convocation; or a registrar in a court Christian. Also an officer appointed t

Lat. A deed; something done.

In the civil law. A species of right of way, consisting in the right of driving cattle or a carriage, over the land subject to the servitude. Inst. 2, 3, pr. It is sometimes transl

An act of the court shall prejudice no man. Jenk. Cent. 118. Where a delay in an action is the act of the court, neither party shall suffer for it

The act of God is hurtful to no one. 2 Inst. 287. That is, a person cannot be prejudiced or held responsible for an accident occurring without his fault and attributable to the "ac

The act of God does injury to no one. 2 Bl. Comm. 122. A thing which is inevitable by the act of God, which no industry can avoid, nor policy prevent, will not be construed to the

An act already begun, the completion of which depends on the will of the parties, may be revoked; but if it depend on the will of a third person or on a contingency, it cannot be r

A judicial act by a judge without Jurisdiction is void; but a ministerial act, from whomsoever proceeding, may be ratified. Lofft, 458.

The act of the law is hurtful to no one. An act in law shall prejudice no man. 2 Inst. 287.

The act of the law does injury to no one. 5 Coke, 116.

Acts required to be done by law do not admit of quuiification. Hob. 153; Branch, Print

An act done by me, against my will, is not my act Branch, Princ.

rea. An act does not make [the doer of it] guilty, unless the mind be guilty; that is, unless the intention be criminal. 3 Inst. 107. The intent and the act must both concur to con