Blacks Law Dict. 1st ed

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ACTIO

ACTIO

frauder and his heirs, who had been enriched by the fraud, to obtain the restitution of the thing of which he had been fraudulently de prived, with all its accessions (cum omni causa;) or, where this was not practicable, for compensation in damages. Mackeld. Rom. Law, § 227. ACTIO DB PECULIO. In the civil law. An action concerning or against the peculium, or separate property of a party. ACTIO DE PECUNIA CONSTITU TA. In the civil law. An action for mon ey engaged to be paid; an action which lay against any person who had engaged to pay money for himself, or for another, without any formal stipulation, {nulla stipulatione interposita.) Inst. 4, 6, 9; Dig. 13, 5; Cod. 4, 18. ACTIO DEPOSITI CONTRARIA. In the civil law. An action which the deposi tary has against the depositor, to compel him to fulfil his engagement towards him. Foth. Du Dipot, n. 69. ACTIO DEPOSITI DIRECTA. In the civil law. An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Fotb. Du D6pot, n. 60. ACTIO DIBECTA. In the civil law. A direct action; an action founded on strict law, and conducted according tofixedforms; an action founded on certain legal obliga tions which from their origin were accurate ly defined and recognized as actionable. ACTIO EMPTI. In the civil law. An action employed in behalf of a buyer to com pel a seller to perform his obligations or pay compensation; also to enforce any special agreements by him, embodied in a contract of sale. Hunter, Bom. Law, 332. ACTIO EX CONDUCTO. In the civil law. An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to redeliver the thing hired. ACTIO EX CONTRACTU. In the civil and common law. An action of contract; an action arising out of, or founded on, con tract. Inst. 4, 6, 1; Bract, fol. 102; 3 Bl. Comm. 117. ACTIO EX DELICTO. In the civil and common law. An action of tort; an ac tion arising out of fault, misconduct, or mal feasance. Inst. 4, 6, 15; 3 Bl. Comm. 117. Ex malqfido is the more common expression

of the civil law; which is adopted by Bracton. Inst. 4, 6, 1; Bract, fols. 102, 103. ACTIO EX LOCATO. In the civil law. An action upon letting; an action which the person who let a thing for hire to another might have against the hirer. Dig. 19, 2; Cod. 4. 65. ACTIO EX STIPULATU. In the civil law. An action brought to enforce a stipu lation. ACTIO EXERCITORIA. In the civil law. An action against the exercitor or em ployer of a vessel. ACTIO FAMILI2E ERCISCUNDiE. In the civil law. An action for the partition of an inheritance. Inst. 4, 6, 20; Id. 4, 17, 4. Called, by Bracton and Fleta, a mixed action, and classed among actions arising ex quasi contractu. Bract, fol. 1006; Id. fols. 4436, 444; Fleta, lib. 2, c. 60, § 1. ACTIO PURTI. In the civil law. An action of theft; an action founded upon theft. Inst. 4, 1, 13-17; Bract, fol. 444. This could only be brought for the penalty attached to the offense, (tantum ad pcenat persecutionempertinet,) and not to recover the thing stolen itself, for which other ac tions were provided. Inst. 4, 1, 19. ACTIO HONORARIA. In the civil law. An honorary, or praetorian action. Dig. 44, 7, 25, 35. ACTIO IN PACTUM. In the civil law. An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin of these actions is similar to that of actions on the case at common law. ACTIO IN PERSONAM. In the civil law. An action against the person, founded on a personal liability; an action seeking re dress for the violation of Ajus in personam or right available against a particular individ ual. In admiralty law. An action directed against the particular person who is to be charged with the liability. It is distinguished from an actio in rem, which is a suit directed against a specific thing (as a vessel) irre spective of the ownership of it, to enforce a claim or lien upon it, or to obtain, out of the thing or out of the proceeds 6f its sale, satis faction for an injury alleged by the claimant.

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