Blacks Law Dict. 1st ed

26

AOTIO

ACTIO

other or principal action; and so called from its being determined before, (prius, oxpraju dicart.) ACTIO PRJESCRIPTIS VERBIS. In the civil law. A form of action which de rived its force from continued usage or the responsa prudentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212. ACTIO PR2ETORIA. In the civil law. A praetorian action; one introduced by the praetor, as distinguished from the more an cient actio civilis, (q. v.) Inst. 4, 6, 3; Mackeld. Rom. Law, § 207. ACTIO PRO SOCIO. In the civil law. An action of partnership. An action brought by one partner against his associates to com pel them to carry out the terms of the part nership agreement. ACTIO PUBLICIANA. In the civil law. An action which lay for one who had lost a thing of which he had bona fide ob tained possession, before he had gained a property in it, in order to have it restored,- under color that he had obtained a property in it by pi escription. Inst. 4, 6, 4; Heinecc. Elem. lib. 4, tit. 6, § 1131; Halifax, Anal. b. 3, c. 1, n. 9. It was an honorary action, and derived its name from the praetor Publicius, by whose edict it was first given. Inst. 4, 6,4. Actio quselibet it sua via. Every action proceeds in its own way. Jenk. Cent. 77. ACTIO QUOD JUSSU. In the civil law. An action given against a master, founded on some business done by his slave, acting under his order, (Jussu.) Inst. 4, 7, 1; Dig. 15, 4; Cod. 4, 26. ACTIO QUOD METUS CAUSA. In the civil law. An action granted to one who had been compelled by unlawful force, or fear (metus causa) that was not groundless, (metus probabilis or Justus,) to deliver, sell, or promise a thing to another. Bract, fol. 1036; Mackeld. Rom. Law, § 226. ACTIO REALIS. A real action. The proper term in the civil law was Rei Vindi oatio. Inst. 4, 6, 3. ACTIO REDHIBITORIA. In the civil law. An action to cancel a sale in conse quence of defects in the thing sold. It was prosecuted to compel complete restitution to che seller of the thing sold, with its produce and accessories, and to give the buyer back the price, with interest, as an equivalent for

the restitution of the produce. Hunter, Rom. Law, 332. ACTIO RERUM AMOTAEUM. In the civil law. An action for things removed; an action which, in cases of divorce, lay for a husband against a wife, to recover things carried away by the latter, in contemplation of such divorce, (divortii consilio.) Dig. 25, 2; Id. 25, 2, 25, 30. It also lay for the wife against the husband in such cases. Id. 25, 2,7, 11; Cod. 5,21. ACTIO RESCISSORIA. In the civil law. An action for restoring the plaintiff to a right or title which he has lost by prescrip tion, in a case where the equities are such that he should be relieved from the operation of the prescription. Mackeld. Rom. Law. §226. ACTIO SERVIANA. In the civil law. An action which lay for the lessor of a farm, or rural estate, to recover the goods of the les see or farmer, which were pledged or bound for the rent. Inst. 4, 6, 7. ACTIO STRICTI JURIS. In the civil law. An action of strict right. The class of civil law personal actions, which were ad judged only by the strict law, and in which the judge was limited to the precise language of the formula, and had no discretionary power to regard the bona fides of the trans action. See Inst. 4, 6, 28; Gaius, iii. 137; Mackeld. Rom. Law, § 210. ACTIO TUTELiE. In the civil law. Action founded on the duties or obligations arising on the relation analogous to that of guardian and ward. ACTIO UTILIS. In the civil law. A beneficial action or equitable action. An ac tion founded on equity instead of strict law, and available for those who had equitable rights or the beneficial ownership of prop erty. Actions are divided into directce or utiles ac tions. The former are founded on certain legal ob ligations which from their origin were accurately defined and recognized as actionable. The latter were formed analogically in imitation of the for mer. They were permitted in legal obligations for which the actiones directa* were not original* ly intended, but which resembled the legal obliga* tions which formed the basis of the direct action. Mackeld. Rom. Law, | 207. ACTIO VENDITI. In the civil law. An action employed in behalf of a seller, to compel a buyer to pay the price, or perform any special obligations embodied in a con tract of sale. Hunter, Bom. Law* 332.

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