ACT.
In the legal sense, this word may be used to signify the result of a
public deliberation, the decision of a prince, of a legislative body, of
a council, court of justice, or a magistrate. Also, a decree, edict,
law, judgment, resolve, award, determination. Also, an instrument in
writing to verify facts, as act of assembly, act of congress, act of
parliament, act and deed. See Webster's Dict. Acts are civil or
criminal, lawful or unlawful, public or private.
2.
Public acts, usually denominated authentic, are those which have a
public authority, and which have been made before public officers, are
authorized by a public seal, have been made public by the authority of a
magistrate, or which have been extracted and been properly
authenticated from public records.
3.
Acts under private signature are those which have been made by private
individuals, under their hands. An act of this kind does not acquire the
force of an authentic act, by being registered in the office of a
notary. 5 N. S. 693; 8 N. S. 568 ; 3 L. R. 419 ; 8 N. S. 396 ; 11 M. R.
243; unless it hasheen properly acknowledged before the officer, bythe
parties to it. 5 N. S. 196.
4.
Private acts are those made by private persons, as registers in
relation to their receipts and expenditures, schedules, acquittances,
and the like. Nov. 73, c. 2 ; Code, lib. 7, tit. 32, 1. 6; lib. 4, t.
21; Dig. lib. 22, tit.. 4; Civ. Code of Louis. art. 2231 to 2254; Toull.
Dr. Civ. Francais, tom. 8, p. 94.
ACT,
evidence. The act of one of several conspirators, performed in
pursuance of the common design, is evidence against all of them. An
overt act of treason must be proved by two witnesses. See Overt.
2.
The terra. acts, includes written correspondence, and other papers
relative to the design of the parties, but whether it includes
unpublished writings upon abstract questions, though of a kindred
nature, has been doubted, Foster's Rep. 198 ; 2 Stark. R. 116, 141.
3.
In cases of partnership it is a rule that the act or declaration of
either partner, in furtherance of the common object of the association,
is the act of all. 1 Pet. R. 371 5 B. & Ald. 267.
4.
And the acts. of an agent, in pursuance of his authority, will be
binding on his principal. Greenl. Ev. 113. ACT, legislation. A statute
or law made by a legislative body; as an act of congress is a law by the
congress of the United States; an act of assembly is a law made by a
legislative assembly. If an act of assembly expire or be repealed while a
proceeding under it is in fieri or pending, the proceeding becomes
abortive; as a prosecution for an offence, 7 Wheat. 552; or a proceeding
under insolvent laws. 1 Bl. R. 451; Burr. 1456 ; 6 Cranch, 208 ; 9
Serg. & Rawle, 283.
2.
Acts are general or special; public or private. A general or public act
is a universal rule which binds the whole community; of which the
courts are bound to take notice ex officio.
3.
Explanatory acts should not be enlarged by equity Blood's case, Comb.
410; although such acts may be allowed to have a retrospective
operation. Dupin, Notions de Droit, 145. 9.
4.
Private or special acts are rather exceptions, than rules; being those
which operate only upon particular persons and private concerns; of
these the courts are not bound to take notice, unless they are pleaded.
Com. 85, 6; 1 Bouv. Inst. n. 105.
ACT IN PAIS.
An act performed out of court, and not a matter of record. Pais, in law
French, signifies country. A deed or an assurance transacted between
two or more private persons in the country is matter in pais. 2 Bl. Com.
294.
ACT OF BANKRUPTCY.
An act which subjects a person to be proceeded against as a bankrupt.
The acts of bankruptcy enumerated in the late act of congress, of 19th
Aug. 1841, s. 1, are the following: 1. Departure from the state,
district, or territory of which a person, subject to the operation of
the bankrupt laws, is an inhabitant, with intent to defraud his
creditors. See, as to what will be considered a departure, 1 Campb. R.
279; Dea. & Chit. 4511 Rose, R. 387 9 Moore, R. 217 2 V. & B.
177; 5 T. R. 512; 1 C. & P. 77; 2 Bini,. R. 99; 2 Taunt. 176; Holt,
R. 175.
2.
Concealment to avoid being arrested. 1 M. & S. 676 ; 2 Rose, R.
137; 15 Ves. 4476 Taunt. R. 540; 14 Ves. 86 Taunt. 176;1 Rose, R. 362; 5
T. R. 512; 1 Esp. 334.
3.
Willingly or fraudulently procuring himself to be arrested, or his
goods and chattels, lands, or tenements to be attached, distrained,
sequestered, or taken in execution.
4.
Removal of his goods, chattels and effects, or concealment of them to
prevent their being levied upon, or taken in execution, or by other
process.
5.
Making any fraudulent conveyance, assignment, sale, gift, or other
transfer of his lands, tenements, goods, or chattels, credits, or
evidences of debt. 15 Wend. R. 588; 5 Cowen, R. 67; 1 Burr. 467, 471,
481; 4 C. & P. 315; 18 Wend. R. 375; 19 Wend. R. 414; 1 Dougl. 295; 7
East, 137 16 Ves. 149; 17 – Ves. 193; 1 Smith R. 33; Rose, R. 213.
ACT OF GOD, in contracts. This phrase denotes those accidents which arise from physical causes, and which cannot be prevented.
2.
Where the law casts a duty on a party, the performance shall be
excused, if it be rendered impossible by the act of God; but where the
party, byhis own contract, engages to do an act, it is deemed to be his
own fault and folly that he did not thereby provide against
contingencies, and exempt himself from responsibilities in certain
events and in such case, (that is, in the instance of an absolute
general contract the performance is not excused by an inevitable
accident, or other contingency, although not foreseen by, nor within the
control of the party. Chitty on Contr. 272, 8; Aleyn, 27, cited by
Lawrence; J. in 8 T. R. 267; Com. Dig. Action upon the Case upon
Assumpsit, G; 6 T. R. 650 ; 8 T. R. 259; 3 M. & S. 267 ; 7 Mass.
325; 13 Mass. 94; Co. Litt. 206; Com. Dig. Condition, D 1, L 13; 2 Bl.
Com. 340; 1 T. R. 33; Jones on Bailm 104, 5 ; 1 Bouv. Inst. n. 1024.
3.
Special bail are discharged when the defendant dies, Tidd, 243 ; actus
Dei nemini facit injuriam being a maxim of law, applicable in such case;
but if the defendant die after the return of the case and before it is
filed, the bail are fixed. 6 T. R. 284; 6 Binn. 332, 338. It is,
however, no ground for an exoneratur, that the defendant has become
deranged since the suit was brought, and is confined in a hospital. 2
Wash. C. C. R. 464, 6 T. It. 133 Bos. & Pull. 362 Tidd, 184. Vide 8
Mass. Rep. 264; 3 Yeates, 37; 2 Dall. 317; 16 Mass. Rep. 218; Stra. 128;
1 Leigh's N, P. 508; 11 Pick. R. 41; 2 Verm. R. 92; 2 Watt's Rep. 443.
See generally, Fortuitous Event; Perils of the Sea.
ACT OF GRACE,
Scotch law. The name by which the statute which provides for the
aliment of prisoners confined for civil debts, is usually known.
2.
This statute provides that where a prisoner for debt declares upon
oath, before the magis trate of the jurisdiction, that he has not
wherewith to maintain himself, the magistrate may set him it liberty, if
the creditor, in consequence of whose diligence he was imprisoned, does
not aliment him within ten days after intimation for that purpose.
1695, c. 32; Ersk. Pr. L. Scot. 4, 3, 14. This is somewhat similar to a
provision in the insolvent act of Pennsylvania.
ACT 0F LAW.
An event which occurs in consequence of some principle of law. If, for
example, land out of which a rent charge has been granted, be recovered
by an elder title, and thereby the rent charge becomes avoided; yet the
grantee, shall have a writ of annuity, because the rent charge is made
void by due course or act of law, it, being a actus legis nemini est
damnosus. 2 Inst. 287.
ACT OF MAN.
Every man of sound mind and discretion is bound by his own acts, and
the law does not permit him to do any thing against it; and all acts are
construed most strongly against him who does them. Plowd. 140.
2.
A man is not only bound by his own acts, but by those of others who act
or are presumed to act by his authority, and is responsible civilly in
all such cases; and, in some cases, even when there is but a presumption
of authority, he may be made responsible criminally; for example, a
bookseller may be indicted for publishing a libel which has been sold in
his store, by his regular salesmen, although he may possibly have had
no knowledge of it.
ACTIO BONAE FIDEI, civil law. An action of good faith.
ACTIO COMMODATI CONTRARIA.
The name of an action in the civil law, by the borrower against the
lender, to compel the execution of the contract. Poth. Pret Usage, n.
75.
ACTIO COMMODATI DIRECTA.
In the civil law, is the name of an action, by a lender against a
borrower, the principal object of which is to obtain restitution of the
thing lent. Poth. Pret. 5, Usage, n. 65, 68.
ACTIO CONDICTIO INDEBITI.
The name of an action in the civil law, by which the plaintiff recovers
the amount of a sum of money or other thing be paid by mistake. Poth.
Promutuum, n. 140. See Assumpsit.
ACTIO EXCONDUCTIO,
civil law. The name of an action which the bailor of a thing for
hiremay bring against the bailee, in order to compel him to redeliver
the thing hired. Poth. du Contr. de Louage, n. 59.
ACTIO DEPOSITI CONTRARIA.
The name, of an action in the civil law which the depositary has
against the depositor to compel him to fulfil his engagement towards
him. Poth. Du Depot, la. 69.
ACTIO DEPOSITI DIRECTA.
the civil law, this is the name of an action which is brought by the
depositor against the depositary, in order to get back the, thing
deposited. Poth. Du Depot, n. 60.
ACTIO JUDICATI,
civil law. Was an action instituted, after four months had elapsed
after the rendition of judgment, in which the judge issued his warrant
to seize, first, the movables, which were sold within eight days
afterwards; and then the immovables, which were delivered in pledge to
the creditors, or put under the care of a curator, and, if at the end of
two mouths, the debt was not paid, the land was sold. Dig. 42, t. 1. –
Code, 8, 34.
ACTIO NON,
pleading. After stating the appearance and defence, special pleas begin
with this allegation, "that the said plaintiff ought not to have or
maintain his aforesaid action thereof against him," actio non habere
debet. This is technically termed the actio non. 1 Ch. Plead. 531 2 Ch.
Plead. 421 ; Steph. Plead. 394.
ACTIO NON ACCREVIT INFRA SEX ANNOS.
The name of a plea to the statute of limitations when the defendant
insists that the plaintiff's action has not accrued within six years. It
differs from non assumpsit in this: non assumpsit is the proper plea to
an action on a simple contract, when the action accrues on the promise
but when it does not accrue on the promise but subsequently to it, the
proper plea is actio non accrevit, &c. Lawes, Pl. in Ass. 733; 5
Binn. 200, 203; 2 Salk. 422; 1 Saund. Rep. 83 n. 2; 2 Saund, 63, b; 1
Sell. N.P. 121.
ACTIO PERSONALIS MIORITUR CUM PERSONA.
That a personal action dies with the person, is an ancient and
uncontested maxim. But the term personal action, requires explanation.
In a large sense all actions except those for the recovery of real
property may be called personal. This definition would include contracts
for the payment of money, which never were supposed to die with the
person. See 1 Saund. Rep. 217, note 1.
2.
The maxim must therefore be taken in a more restricted meaning. It
extends to all wrongs attended with actual force, whether the affect the
person or property and to all injuries to the person only, though
without actual force. Thus stood originally the common law, in which an
alteration was made by the statute 4 Ed. III. c. 7, which gave an action
to an executor for an injury done to the personal property of his
testator in his lifetime, which was extended to the executor of an
executor, by statute of 25 Ed. III. c. 5. And by statute 31 Ed. III. c.
11, administrators have the same remedy as executors.
3.
These statutes received a liberal construction from the judges, but
they do not extend to injuries to the person of the deceased, nor to his
freehold. So that no action lies by an executor or administrator for an
assault and battery of the deceased, or trespass, vi et armis on his
land, or for slander, because it is merely a personal injury. Neither do
they extend to actions against executors or administrators for wrongs
committed by the deceased. 13 S. 184; Cowp. 376; 1 Saund. 216, 217, n.
1; Com. Dig 241, B 13; 1 Salk. 252; 6 S. & R. 272; W. Jones, 215.
4.
Assumpsit may be maintained by executors or administrators, in those
cases where an injury has been done to the personal, property of the
deceased, and he might in his lifetime have waived the tort and sued in
assumpsit. 1 Bay's R. 61; Cowp. 374; 3 Mass. 321; 4 Mass. 480; 13 Mass.
272; 1 Root, 2165. An action for a breach of a promise of marriage
cannot be maintained by an executor, 2 M. & S. 408; nor against 13
S. & R. 183; 1 Picker. 71; unless, perhaps, where the plaintiff's
testator sustained special damages. 13 S. & R. 185. See further
12.S. & R. 76; 1 Day's Cas. 180; Bac. Abr. Ejectment, H11 Vin. Abr.
123; 1 Salk. 314; 2 Ld. Raym. 971 1 Salk. 12 Id. 295; Cro. Eliz. 377, 8 1
Str. 60 Went. Ex. 65; 1 Vent. 176 id. so; 7 Serg. & R. 183; 7 East,
134-6 1 Saund. 216, a, n. 1; 6 Mass. 394; 2 Johns. 227; 1 Bos. &
Pull. 330, n. a.; 1 Chit. Pi. 86; 3 Bouv. Inst. n. 2750; this
Dictionary, tit. actions; Death; Parties to actions; Survivor.
ACTIO PRO SOCIO.
In the civil law, is the name of an action by which either partner
could compel his co-partners to perform their social contract. Poth.
Contr. de Societe, n. 134.
ACTION.
Conduct, behaviour, something done. Nomen actionis latissime patere
vulgo notum est ac comprehenders omnem omnino viventis operationem quae
passioni opponitur. Vinnius, Com. lib. 4, tit. 6. De actionibus.
2.
Human actions have been divided into necessary actions, or those over
which man has no control; and into free actions, or such as he can
control at his pleasure. As man is responsible only when he exerts his
will, it is clear lie can be punished only for the Iatter.
3.
Actions are also divided into positives and negative the former is
called an act of commision the latter is the omission of something which
ought to be done, and is called an act of omission. A man may be
responsible as well for acts of omission, as for acts of commission.
4.
Actions are voluntary and involuntary. The former are performed freely
and without constraint – the latter are performed not by choice, against
one's will or in a manner independent of the will. In general a man is
not responsible for his involuntary actions. Yet it has been ruled that
if a lunatic hurt a man, he shall be answerable in trespass, although,
if he kill a man, it is not felony. See Hob. Rep. 134; Popham, 162; Pam.
N. P. 68. See also Duress; Will.
ACTION, French com. law. Stock in a coompany, shares in a corporation.
ACTION,
in practice. Actio nihil aliud est, quam jus persequendi in judicio
quod sibi debetur. Just. Inst. Lib. 4, tit. 6; Vinnius, Com. Actions are
divided into criminal and civil. Bac. Abr. Actions, A. 2. – 1. A
criminal action is a prosecution in a court of justice in the name of
the government, against one or more individuals accused of a crime. See 1
Chitly's Cr. Law.
1.
– 2. A civil action is a legal demand of one's right, or it is the form
given by law for the recovery of that which is due. Co. Litt. 285; 3
Bl. Com. 116; 9 Bouv. Inst. n. 2639; Domat. Supp. des Lois Civiles, liv.
4, tit. 1, No. 1; Poth. Introd. generale aux Coutumes, 109; 1 Sell. Pr.
Introd. s. 4, p. 73. Ersk. Princ. of Scot. Law, B. 41 t. 1. 1. Till
judgment the writ is properly called an action, but not after, and
therefore, a release of all actions is regularly no bar of all
execution. Co. Litt. 289 a; Roll. Ab. 291. They are real, personal and
mixed. An action is real or personal, according as realty or personalty
is recovered; not according to the nature of the defence. Willes' Rep.
134.
4.
– 1. Real actions are those brought for the specific recovery of lands,
tenements, or hereditaments. Steph. PI. 3. They are either droitural,
when the demandant seeks to recover the property; or possessory when he
endeavors to obtain the possession. Finch's Law, 257, 8. See Bac. Abr.
Actions, A, contra. Real Actions are, 1st. Writs of right; 2dly, Writs
of entry, which lie in the per, the per et cui, or the post, upon
disseisin, intrusion. or alienation. 3dly. Writs ancestral possessory,
as Mort d' ancester, aid, besaiel, cosinage, or Nuper obiit. Com. Dig.
Actions, D 2. By these actions formerly all disputes concerning real
estate, were decided; but now they are pretty generally laid aside in
practice, upon account of the great nicety required in their management,
and the inconvenient length of their process; a much more expeditious,
method of trying titles being since introduced by other actions,
personal and mixed. 3 Bl. Com. 118. See Booth on Real Actions.
5.
– 2. Personal actions are those brought for the specific recovery of
goods and chattels; or for damages or other redress for breach of
contract, or other injuries, of whatever description; the specific
recovery of lands, tenements, and hereditaments only excepted. Steph.
PI. 3; Com. Dig. Actions, D 3; 3 Bouv. Inst. n. 2641. Personal actions
arise either upon contracts, or for wrongs independently of contracts.
The former are account, assumpsit, covenant, debt, and detinue; see
these words. In Connecticut and Vermont there is, an action used which
is peculiar to those states, called the action of book debt. 2 Swift's
Syst. Ch. 15. The actions for wrongs, injuries, or torts, are trespass
on the case, replevin, trespass, trover. See these words, and see Actio
personalis moritur cum persona.
6.
– 3. Mixed actions are such as appertain, in some degree, to both the
former classes, and, therefore, are properly reducible to neither of
them, being brought for the specific recovery of lands, tenements, or
hereditaments, and for damages for injury sustained in respect of such
property. Steph. Pl. 3; Co. Litt. 284, b; Com. Dig. Actions, D 4. Every
mixed action, properly so called, is also a real action. The action of
ejectment is a personal action, and formerly, a count for an assault and
battery might be joined with a count for the recovery of a term of
Years in land.
7. Actions are also divided into those which are local and such as are transitory.
1.
A local action is one in which the venue must still be laid in the
county, in which the cause of action actually arose. The locality of
actions is founded in some cases, on common law principles, in others on
the statute law.
8.
Of those which continue local, by the common law, are, lst, all actions
in which the subject or thing to be recovered is in its nature local.
Of this class are real actions, actions of waste, when brought on the
statute of Gloucester, (6 Edw. I.) to recover with the damages, the
locus in quo or place wasted; and actions of ejectment. Bac. Abr.
Actions Local, &c. A, a; Com. Dig. Actions, N 1; 7 Co. 2 b; 2 Bl.
Rep. 1070. All these are local, because they are brought to recover the
seisin or possession of lands or tenements, which are local subjects.
9.
– 2dly. Various actions which do not seek the direct recovery of lands
or tenements, are also local, by the common law; because they arise out
of some local subject, or the violation of some local right or interest.
For example, the action of quare impedit is local, inasmuch as the
benefice, in the right of presentationto which the plaintiff complains
of being obstructed, is so. 7 Co. 3 a; 1 Chit. PI. 271; Com. Dig.
Actions, N 4. Within this class of cases are also many actions in which
only pecuniary damages are recoverable. Such are the common law action
of waste, and trespass quare clausum fregit; as likewise trespass on the
case for injuries affecting things real, as for nuisances to houses or
lands; disturbance of rights of way or of common; obstruction or
diversion of ancient water courses, &c. 1 Chit. Pl. 271; Gould on
Pl. ch. 3, 105, 106, 107. The action of replevin, also, though it lies
for damages only, and does not arise out of the violation of any local
right, is nevertheless local. 1 Saund. 347, n. 1. The reason of its
locality appears to be the necessity of giving a local description of
the taking complained of. Gould on PI. ch. 3, 111. A scire facias upon a
record, (which is an action, 2 Term Rep. 46,) although to some intents,
a continuation of the original suit, 1 Term Rep. 388, is also local.
10.
– 2. Personal actions which seek nothing more than the recovery of
money or personal chattels of any kind, are in most cases transitory,
whether they sound in tort or in contract; Com. Dig. Actions, N 12; 1
Chit. PI. 273; because actions of this class are, in most instances,
founded on the violation of rights which, in contemplation of law, have
no locality. 1 Saund. 241, b, note 6. And it will be found true, as a
general position, that actions ex delicto, in which a mere personalty is
recoverable, are, by the common law, transitory;except when founded
upon, or arising out of some local subject. Gould on Pl. ch. 3, 112. The
venue in a transitory action may be laid in any county which the
plaintiff may prefer. Bac. Abr. Actions Local, &c. A. (a.)
11.
In the civil law actions are divided into real, personal, and mixed. A
real action, according to the civil law, is that which he who is the
owner of a thing, or, has a right in it, has against him who is in
possession of it, to compel him to give up the plaintiff, or to permit
him to enjoy the right he has in it. It is a right which a person has in
a thing, follows the thing, and may be instituted against him who
possesses it; and this whether the thing be movable or immovable and, in
the sense of the common law, whether the thing be real or personal. See
Domat, Supp. des Lois Civiles, Liv. 4, tit. 1, n. 5; Pothier, Introd.
Generales aux Coutumes 110; Ersk. Pr. Scot. Law, B. 4, t. 1, 2.
12.
A personal action is that which a creditor has against his debtor, to
compel him to fulfil his engagement. Pothier, lb. Personal actions are
divided into civil actions and criminal actions. The former are those
which are instituted to compel the payment or to do some other thing
purely civil the latter are those by which the plaintiff asks the
reparation of a tort or injury which he or those who belong to him have
sustained. Sometimes these two kinds of actions are united when they
assume the name of mixed personal actions. Domat, Supp. des Lois
Civiles, Liv. 4, tit. 1, n. 4; 1 Brown's Civ. Law, 440.
13.
Mixed actions participate both of personal and real actions. Such are
the actions of partition, and to compel the parties to put down
landmarks or boundaries. Domat, ubi supra.
ACTION AD EXHIBENDUM,
civil law. This was an action instituted for the purpose of compelling
the defendant to exhibit a thing or title, in his power. It was
preparatory to another action, which was always a real action in the
sense of the Roman law, that is, for the recovery of a thing, whether it
was movable or immovable. Merl. Quest. de Dr. tome i. 84. This is not
unlike a bill of discovery. (q. v.)
ACTION OF ADHERENCE, Scotch law. An action competent to a hushand or Wife to compel either party to adhere in case of desertion.
ACTION OF BOOK DEBT.
The name of an action in Connecticutand Vermont, resorted to for the
purpose of recovering payment for articles usually charged on book. 1
Day, 105; 4 Day, 105; 2 Verm, 66. See 1 Root, 59; 1 Conn. 75; Kirby, 89;
2 Robt, 130; 11 Conn. 205.
ACTION. REDHIBITORY,
civil law. An action instituted to avoid a sale on account of some Vice
or defect in the thing sold which readers it either absolutely useless,
or its use so inconvenient and, imperfect, that it must be, supposed
the buyer would not have purchased it, had he known of the vice. Civ.
Code of Louis. art. 2496.
ACTION OF A WRIT.
This phrase is used when one pleads some matter by which he shows that
the plaintiff had no cause to have the writ which he brought, and yet he
may have a writ or action for the same matter. Such a plea is called: a
plea to the action of the writ, whereas if it should appear by the plea
that the plaintiff has no cause to have action for the thing demanded,
then it is called a plea to the action. Termes de la ley.
ACTIONS ORDINARY. Scotch law. By this term is understood all actions not recissory. Ersk. Pr. L. Scot. 4, 1, 5.
ACTIONS RESCISSORY,
Scotch law. Are divided into, 1, Actions of proper improbation; 2,
Actions of reduction-improbation; 3, Actions of simple reduction. Ersk.
Pr. L. Scot. 4 1, 5,
2. – 1. Proper improbation is an action brought for declaring writing false or forged.
3.
– 2. Reduction-improbation is an action whereby a person who may be
hurt, or affected by a writing, insists for producing or exhibiting it
in court, in order to have it set aside or its effects ascertained,
under the certification, that the writing if not produced, shall be
declared false and forged.
4.
– 3. In an action of simple reduction, the certification is only
temporary, declaring the writings called for, null, until they be
produced; so that they recover their full force after their production.
Ib. 4, 1, 8.
ACTIONARY. A commercial term used among foreigners, to signify stockholders.
ACTIONES NOMINATAE.
Formerly the English courts of chancery would make no writs when there
was no precedent, and the cases for which there were precedents were
called actiones nominatoe. The statute of Westm. 2, c. 24, gave chancery
authority to form new writs in consimili casu. Hence arose the action
on the case. Bac. Ab. Court of Chancery, A; 17, Serg. R. 195.
ACTIVE. The opposite, of passive. We say active debts, or debts due to us; passive debts are those we owe.
ACTON BURNELL. Statute of Vide de Mercatoribus. Cruise, Dig. tit. 14, s. 6.
ACTOR,
practice. 1. A plaintiff or complainant. 2. He on whom the burden of
proof lies. In actions of replevin both parties are said to be actors.
The proctor or advocate in the courts of the civil law, was called
actor.
ACTS OF COURT.
In courts of admiralty, by this phrase is understood legal memoranda of
the nature of pleas. For example, the English court of admiralty
disregards all tenders, except those formally made by acts of court.
Abbott on Ship. pi. 3, c. 10, 2, p. 403; 4 Rob. R. 103; 1 Hagg. R. 157;
Dunl. Adm. Pr. 104, 6.
ACTS OF SEDERUNT.
In the laws of Scotland, are ordinances for regulating the forms of
proceeding, before the court of session, in the administration of
justice, made by the judges, who have a delegated power from the
legislature for that purpose. Ersk. Pr. L. Scot. B. 1, t. 1, s. 14.
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