Blacks Law Dict. 1st ed

ACTIO

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ACTIO

ACTIO IN REM. In the civil and com mon law. An action for a thing; an ac tion for the recovery of a thing possessed by another. Inst. 4, 6, 1. An action for the enforcement of a right (or for redress for its invasion) which was originally available against all the world, and not in any special sense against the individual sued, until he violated it. See IK REM. ACTIO JUDICATI. In the civil law. 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 immov ables, which were delivered in pledge to the creditors, or put under the care of a curator, and if, at the end of two months, the debt was not paid, the land was sold. Dig. 42, 1; Code, 8, 34. ACTIO LEGIS AQUILLffi. In the civil law. An action under the Aquihan law; an action to recover damages for mali ciously or injuriously killing or wounding the slave or beast of another, or injuring in any way a thing belonging to another. Oth erwise called damni injuries actio. ACTIO MANDATI. In the civil law. Included actions to enforce contracts of man date, or obligations arising out of them. Hunter, Kom. Law, 316. ACTIO MIXTA. In the civil law. A mixed action; an action brought for the re covery of a thing, or compensation for dam ages, and also for the payment of a penalty; partaking of the nature both of an actio in rem and in personam. Inst. 4, 6,16,18,19, 20; Mackeld. Rom. Law, § 209. ACTIO NEGATORIA. In the civil law. An action brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Horn. Law, § 324. ACTIO NEGOTIORUM GESTORUM. In the civil law. Included actions between principal and agent and other parties to an engagement, whereby one person undeitook the transaction of business for another. ACTIO NON. In pleading. The Latin name of that part of a special plea which fol lows next after the statement of appearance and defense, and declares that the plaintiff "ought not to have or maintain his aforesaid action," etc. ACTIO NON ACCREVIT INFRA SEX ANNOS. The name of the plea of

the statute of limitations, when the defend ant alleges that the plaintiff's action has not accrued within six years. Actio non datur non damniflcato. An action is not given to one who is not injured. Jenk. Cent. 69. Actio non facit reum, nisi mens sit rea. An action does not make one guilty, unless the intention be bad. Lofft. 37. ACTIO NON ULTERIUS. In En glish pleading. A name given to the distinct ive clause in the plea to the further main tenance of the action, introduced in place of the plea puts darrein continuance; the aver ment being that the plaintiff ought not/urther (ulterius) to have or maintain his action. Steph. PI. 64, 65, 401. ACTIO NOXALIS. In the civil law. A noxal action; an action which lay against a master for a crime committed or injury done by his slave; and in which the master had the alternative either to pay for the damage done or to deliver up the slave to the complaining party. Inst. 4, 8, pr.; Heinecc. Eletn. lib. 4, tit. 8. So called from noxa, the offense or injury committed. Inst. 4, 8, 1. 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 per&onam, (g. ©.,) the word personalis being of only occasional oc currence. 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, fols. 102a, 1596. See PERSONAL, ACTION. Actio personalis moritur cum persona. A personal right of action dies with the per son. Hoy, Max. 14. ACTIO PIGNORATITIA. In the civil law. An action of pledge; an action found ed on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24. Actio pcenalis in hseredem non datur, nisi forte ex damno locupletior hseres factus sit. A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong. ACTIO PR-ffilJUDICIALIS. In the civil law. A preliminary or preparatory action. An action instituted for the determination of some preliminary matter on which other liti gated matters depend, or for the determina tion of some point or question arising in an

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