Blacks Law Dict. 1st ed

28

AGTE DE FRANCISATION

ACTIO

ACTIO CALUMOTJE. In the civil law. An action to restrain the defendant from pros ecuting a groundless proceeding or trumped up charge against the plaintiff. Hunter, Rom. Law, 859. ACTIO CIVILIS. In the common law. A civil action, as distinguished from a crimi nal action. Bracton divides personal actions into criminalia et civilia, according as they grow out of crimes or contracts, (secundum qitod descendunt ex malejiciis vel contractir bus.) Bract, fol. 1016. ACTIO COMMODATI. In the civil law. Included several actions appropriate to enforce the obligations of a borrower or a lender. Hunter, Rom. Law, 305. ACTIO COMMODATI CONTRARIA. In the civil law. An action by the borrower against the lender, to compel the execution of the contract. Foth. Pfet a Usage, n. 75. ACTIO COMMODATI DIRECTA. In the civil law. An action by a lender against a borrower, the principal object of which is to obtain a restitution of the thing lent. Poth. Pret a Usage, nn. 65, 68. ACTIO COMMUNI DIVIDUNDO. In the civil law. An action to procure a judi cial division of joint property. Hunter, Rom. Law, 194. It was analogous in its ob ject to proceedings for partition in modern law. ACTIO CONDICTIO INDEBITATI. In the civil law. An action by which the plaintiff recoveis the amount of a sum of money or other thing he paid by mistake. Poth. Promutuum, n. 140; Merl. Repert. ACTIO CONFESSORIA. In the civil law. An affirmative petitory action for the recognition and enforcement of a servitude. So called because based on the plaintiff's af firmative allegation of a right in defendant's land. Distinguished from an actio nega tor ia, which was brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, § 324. ACTIO DAMNI INJTJRIA. In the civil law. The name of a general class of actions for damages, including many species of suits for losses caused by wrongful or negligent acts. The term is about equiva lent to our "action for damages." ACTIO DE DOLO MALO. In the civil law. An action of fraud; an action which lay for a defrauded person against the de

ACTB DE FRANCISATION. In French law. The certificate of registration of a ship, by virtue of which its French na tionality is established. ACTE D' HERITIER. In French law. Act of inheritance. Any action or fact on the part of an heir which manifests his inten tion to accept the succession; the acceptance may be express or tacit. Duverger. ACTE EXTRAJUDICIAIRE. In French law. A document served by a huis sier, at the demand of one party upon another party, without legal proceedings. ACTING. A term employed to designate a locum tenens who is performing the duties of an office to which he does not himself claim title; e.g., "Acting Supervising Archi tect." 16 Ct, of Cl. 514. ACTIO. Lat. In the civil law. An action or suit; a right or cause of action. It should be noted that this term means both the pro ceeding to enforce a right in a court and the right itself which is sought to be enforced. ACTIO AD EXHIBENDUM. In the eivil law. An action for the purpose of com pelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real ac tion in the sense of the Roman law; that is, for the recovery of a thing, whether it was movable or immovable. Merl. Quest, tome i. 84. ACTIO 2ESTIMATORIA. ACTIO QUANTI MINORIS. In the civil law. Two names of an action which lay in behalf of a buyer to reduce the contract price, not to cancel the sale; the judex had power, how ever, to cancel the sale. Hunter, Bom. Law, 332. ACTIO ARBITRARIA. In the civil law. Action depending on the discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dic tated by the judge in his discretion, he was liable to be condemned. Hunter, Rom. Law, 825. ACTIO BONJE FIDEI. (Lat. An ac tion of good faith.) In the civil law. A class of actions in which the judge might at the trial, ex officio, take into account any equi table circumstances that were presented to bun affecting either of the parties to the ac Aion. 1 Spence, Eq. Jur. 218.

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