Actio Personalis

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 occasional occurrence.

Inst. 4. 6. 8. in tit. Id. 4. 11. pr. 1.

Bracton, however, uses it freely, and hence the personal action of the common law. Bract. fol.

102 a. 169 b.

See Personal action. Actio personalis moritur cum persona. A personal [right of] action dies with the person. Noy's Max. c.

1, max. 14.

This maxim is not now understood in the general sense which the terms of it appear to convey, having long been restricted in its application to that description of personal actions which are founded in tort, and are in form ex delicto.

Broom's Max. 404.

And even in regard to these, its application has been still further narrowed, from time to time, by legislative provisions giving rights of action to, and against the representatives of deceased persons, for injuries done to, or in respect of property. So that the principle embodied in the maxim is now strictly true only in cases where a tort is committed against the person, as by assault, battery, libel, slander and the like. Id. ibid.

404—407. 3 Bl. Com. 302. Shep. Touch. 481. Stat. 4 Edw. III. c. 7. Stat. 3 & 4 Will. IV. c. 42. 2 N. Y. Rev. St. [114] 51, §§ 4--6. Id. [447] 365, § 1, 2.

That it was originally applied to contracts, appears from Bracton. Item tollitur [obligatio] morte alterius contrahentium, vel utriusque; the obligation is also destroyed by the death of one or both of the contracting parties. Bract. fol.

101 a.

And see Noy's Max. ub. sup.

ACTIO POENAE PERSECUTORIA

In the civil law. An action prosecuted for a penalty only, and not for a specific thing.

Inst. 4. 6. 16, 18.