The Cyclopedic Law Dictionary

In the civil law. A temporary action; an action limited to a certain time, within which it was to be instituted, on pain of losing it; the opposite of actio perpetua (q. v.) Inst.

In the civil law. An action for distribution (Lat. tribuere, to distribute); an action which lay for the creditor of a son or slave, who had traded upon his peculium,, with the kno

Tn the civil law. An action of tutelage. ACTIO (or INTERDICTUM) UNDE VI. In the civil law. An action or interdict which lay to recover possession of an immovable thing, as land, of

An action for the benefit of those who had the beneficial use of property, but not the legal title; an equitable action. 1 Spence, Eq. Jur. 214. It was subsequently extended to inc

See "Actio ex Vendlto."

In for a party whose goods or movables (bona) had been taken from him by force (vi), to recover the things so taken, together with a penalty of triple the value. Inst. 4. 2; Id. 4.

In civil law. A legal action; a common action. ACTION (Lat. agere, to do; to lead; to conduct). A doing of something; something done. The term is, in legal usage, confined to pract

That which requires action. Thus, an active trust is one requiring action by the trustee to execute the donor's will.

An act which subjects a person to be proceeded against as a bankrupt. cealment, transfer, or removal of property with intent to hinder, delay, or defraud creditors; (2) transfer of

In Scotch practice. The act extracted by the clerk, upon any one's acceptance of being curator. Forbes, Inst. pt. 1, bk. 1, c. 2, tit. 2; 2 Kames, Eq. 291. Corresponding with the o

A natural cause which operate without interference or aid from man. 1 Pars. Cont. 635. That which proceeds from the violence of nature; by that kind of force of the elements which

In Scotch law. A statute by which the incarcerating creditor is bound to aliment his debtor in prison, if such debtor has no means of support, under penalty of a liberation of his

An instrument drawn up by a notary public, after protest of a bill of exchange, when a third party is desirous of paying or accepting the bill for the honor of any or all of the pa

An act Indicating insolvency, and subjecting the party to insolvency proceedings. See "Insolvency."

A result, like the devolution of a title, produced by operation of law without the design of the parties concerned.

The statute of 12 & 13 Wm. III. c. 2, limiting the English

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

The statute of 1 Eliz. c. 1, declaring the supremacy of the crown over the ecclesiastical authorities.

The statute of 13 & 14 Car. II. c. 4, enacting that the book of common prayer, as then recently revised, should be used in every parish church and other place of public worship, an

The statute of 5 Anne, c. 8, by which the articles of union between the two kingdoms of England and Scotland were ratified and confirmed. 1 Bl. Comm. 97.

An ancient English statute, so called because enacted by a It is otherwise known as statutum mercatorum or de mercatoribus, the statute of the merchants. It was a statute for the c

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

The burden of proof lies on the plaintiff. Hob. 103.

In old Scotch law. Attorney; an attorney. Skene de Verb. Sign. voc. "Actornatus." ACTRIX (L,at.) A female actor; a female plaintiff. Calv. Lex.

The plaintiff must follow the forum of the thing in dispute. Karnes, Law Tr. 232; Story, Confl. Laws, § 325k; 2 Kent, Comm. 462. ACTORE NON PROBANTE REUS ABsolvitur. If the plainti

Legal memoranda made in the admiralty courts in England, In the nature of pleas. For example, the English court of admiralty disregards all tenders except those formally made 'by a

The fair and reasonable cash price for which property can be sold in the market. It is synonymous with "fair cash value." 193 111. 474.

See "Damages."

An eviction coupled with a physical expulsion. 167 111. 98.

Deception practiced in order to induce another to part with property or to surrender some legal right, and which accomplishes the end designated. 156 111. 55.

In marine Insurance the complete destruction of the insured vessel, so that it cannot be recovered or repaired, as distinguished from constructive total, which authorizes an abando

The manager of a jointstock company, particularly an insurance company. Penny, Cyc. A clerk, in some corporations vested with various powers. In Ecclesiastical Law. A clerk who reg

An act of the court shall prejudice no man. Jenk. Cent. Cas. 118; Broom, Leg. Max. (3d London Ed.) 115; 1 Strange, 126; 1 Smith, Lead. Cas. 245-255; 12 C. B. 415. ACTUS DEI NEMINEM

The act of the law is hurtful to no one; an act in law shall prejudice no man. 2 Inst. 287. ACTUS LEGIS NEMINI FACIT INJURIam. The act of the law does no one wrong. 5 Coke, 116; 2

dum. Acts required by law admit of no qualification. Hob. 153; Branch, Princ.

NON EST meus actus. An act done by me against my will is not my act. Bracton, 101b. ACTUS NON^ REUM FACIT NISI MENS rea. The act does not make a person guilty unless the intention

For the admitting of the clerk. A writ commanding the bishop to admit his clerk, upon the success of the latter in a quare impedit. AD ALIUD EXAM EN (Lat.) To another tribunal. Cal

At another day. A common phrase in the old reports. Y. B. P. 7 Hen. VI. 13.

To take assizes; to take or hold the assizes. Bracton, fol. 110a; 3 Bl. Comm. 185. Ad assisam cwpievdam, to take an assize. Bracton, fol. 110b. '

or A DATO (Law Lat.) From the date. 2 Salk. 413; Cro. Jac. 135. A Die Datus. From the day of the date. 2 Salk. 413;,2 Crabb. Real Prop. p. 248, §1301; 1 Ld. Raym. 84, 480; 2 Ld. Ra

To hear and determine. AD BARRAM (Lat.) To the bar; at the bar. 3 How. St. Tr. 112.

For a share of the field or land {ut particeps fiat) for champert. Fleta, lib. 2, c. 36, § 4.

Adapted to the common understanding. AD COLLIGENDUM BONA DEFUNCT). To collect the goods of the deceased. Special letters of administration granted to one or more persons, authorizi

At common law. The name of a species of writ of entry, now obsolete. Formerly, when tenants for life in dower or by the curtesy aliened the land which they held, the reversioner mi

To appear. Reg. abide the judgment of the court. Cro. Jac. 67.

Money paid by a vassal to his lord upon the selling or exchanging of a feud. Enc. Lond. ADDICERE (Lat.) In civil law. To condemn. Calv. Lex. Addictio denotes a transfer of the good

At or to court.

or AD CUSTAQIA. At the cost. 1 Sharswood, Bl. Comm, 314; Toullier. Dr. Civ., Cowell; Whishaw. AD DAMNUM (Lat. damnae). To the damage. In Pleading. The technical name of that part o

Additional terms or propositions to be added to a former agreement.

One given to a legatee to whom a legacy has already been given. It may be either by an increase in a codicil of a prior legacy given in the will, or by another legacy added to that

An addition proves inferiority. Coke, 4th Inst. 80; Wingate, Max. 211, max. 60; Litt. § 293; Co. Litt. 189a. ADDITION (Lat. additio, an adding to). Whatever is added to a man's nam

or ADDONNE (Law Fr.) Given to. Kelham.

In Equity Pleading. That part of a bill which contains the appropriate and technical description of the court where the plaintiff seeks his remedy. Coop. Eq. PI. 8; Bart. Suit in E

To offer, present, allege, advance, cite, mention. 40 111. App. 559.

To recall or revoke. See "Ademption."

In Spanish law. The those of the president of a Roman province. He commanded the army of the territory which he governed, and, assisted by persons learned in the law, took cognizan

or ATHELING. Noble; excellent. A title of honor among the Saxons, gives to the king's children and heirs to the crown. Clito; Spelman.

The extinction of a specific legacy by the testator's parting with the subject thereof during his life. Also applied to the payment of the testator during his life of a general leg

One which is a fair equivalent in value for the benefit obtained.

A legal remedy, to be "adequate," so as to exclude the jurisdiction of equity, must be "as practical and efficient to the ends of justice and its prompt administration as the remed

In the civil law. To be present; the opposite of abesse. Calv. Lex. To advocate, to undertake the management of a cause. Calv. Lex.; Brissonius.

To the disherison, or disinheriting. The writ of waste calls upon the tenant to appear and show cause why he hath committed waste and destruction in the place named ad exhaereditat

In Scotch law. The name given to a class of obligations of great strictness. A debtor ad fqc. praes. is denied the benefit of the act of grace, the privilege of sanctuary, and the

In the civil law. The welding together of iron; a species of adjunction (q. v.) Called also ferruminatio. Mackeld. Civ. Law, § 268.

In allegiance. 2 Kent, Comm. 56. Subjects born in allegiance are said to be born ad fidem.

To the thread of the stream; to the middle of the stream. 2 Cush. (Mass.) 207; 4Hill (N. Y.) 369; 2 N. H. 369; 2 Washb. Real Prop. 632, 633; 3 Kent, Comm. 423 et seq. A former mean

To farm. Derived from an old Saxon word denoting rent, according to Blackstone, occurring in the phrase, dedi concessi et ad firmam tradidi, I have given, granted, and to farm let,

In Scotch law. The name of a form of action by which the mutual obligation of marriage may be enforced by either party. Bell, Diet. ADHERING (Lat. adhaerere, to cling to). Cleaving

A term used In the laws of Holland for the application of property by an executor. Wharton.

(Law Fr. without day). A common term in the Year Books, implying final dismissal from court. Literally, "to God." Frequently written "Adeu." Y. B. T. 5 Edw. II. 173.

Lost; strayed; a price or value set upon things stolen or lost, as a recompense to the owner. Cowell.

Approach or access. As used in mining law, a horizontal opening by which a mine is entered, or by which water and ores are carried away. Also called "drift." ADITUS (Lat. adire). A

To lie near; close or contiguous; in the neighborhood or vicinity of. 239 111. 209. Two of three lots of land might be described as adjacent to the first, while only the second cou

That which regulates procedure; so called from its function to aid the substantive. Holland, Jur. 78. The law of pleading, practice, evidence, remedies and procedure, designed mere

Touching or contiguous, as distinguished from lying near or adjacent. Y.) 54. See "Postponement."

In strictness, to put off to a day specified. Also to suspend business for a time; to defer or delay. 14 How. Pr. (N. Y.),54. See "Postponement."

In Scotch practice. A term applied to the records of criminal courts. Books of Adjournal (old Scotch, "Bukis of Adiornale") were the original records of criminal trials, most of wh

In English practice. A summons or citation issued m

A continuation of a previous or regular term. 4 Ohio St. 473; 22 Ala. (N. S.) 27. Gen. St. Mass. c. 112, § 26, provides for holding an adjourned law term from time to time.

The dismissal by some court, legislative assembly, or properly authorized olficer, of the business before them, either finally, which, as popularly used, is called an adjournment s

In English practice. A day appointed by the judges at the regular sittings for the trial of causes at nisi prius.

In English practice. A day appointed some days before the end of the term, at which matters left undone on the affirmance day are finished. 2 Tidd, Pr. 1224.

The appointment of a day when the justices in eyre mean to sit again. Cowell; Spelman; Sharswood, Bl. Comm. 186.

In Canadian law. A purchaser at a sheriff's sale. See 1 Low. (U. S.) 241; 10 Low. (U. S.) 325.

In Practice. A judgment; giving or pronouncing judgment in a case. See "Former Adjudication." The application of the law to the facts and an authoritative declaration of result. 11

In ADJUNCTION (Lat. adjungere, to join to). In civil law. The attachment or union permanently of a thing belonging to one person to that belonging to another. This union may be cau

To judgment; to court.

Additional judges sometimes appointed in the high court of delegates. See Shelf. Lun. 310.

An accessory or appurtenance.

To joining in aid; to join in aid. See "Aid Prayer."

To the rights of the king; a writ which was brought by the king's clerk; presented to a living, against those who endeavored to eject him, to the prejudice of the king's title. Reg

A swearing or binding upon oath.

In Insurance. The determining of the amount of a loss by fire or marine disaster. 2 Phil. Ins. §§ 1814, 1815. ADJUVARI QU1PPE NOS, NON DECIPI, beneficio oportet. We ought to be fav

At large; as, title at large; assize at large. See Dane, Abr. c. 144, art. 16, i 7. AD LITEM (Lat. Ktes). For the suit. Every court has the power to appoint a guardian ad litem. 2

To purge one's self of a crime by oath.

A person who swore by. laying his hands on the Book.

Ready at hand.

A remedy which lay for the heir, on reaching his majority, to rectify an assignment of dower made during his minority, by which the doweress had received more than she was legally

A remedy which lay in certain cases for surcharge of common of pasture. It lay where a common of pasture appurtenant or in gross was certain as to number; or where one had common a

To the middle thread of the stream.