Blacks Law Dict. 1st ed

29

ACTUAL POSSESSION

ACTOR

his actual and real loss or damage; opposed to "nominal damages," which is a trifling sum awarded as a matter of course, and not in compensation, but merely in recognition of the fact that his right has been technically violated; and opposed also to "exemplary" or "punitive" damages, the latter being in excess of the real loss, and intended as a pun ishment to the wrong-doer, or (from motives of public policy) to discourage a repetition of such acts. ACTUAL DELIVERY. In the law of sales, actual delivery consists in the giving real possession of the thing sold to the ven dee or his servants or special agents who are identified with him in law and represent him. Constructive delivery is a general term, com prehending all those acts which, although not truly conferring a real possession of the thing sold on the vendee, have been held, by construction of law, equivalent to acts of real delivery. In this sense constructive delivery includes symbolical delivery and all those traditiones fictce which have been admitted into the law as sufficient to vest the absolute property in the vendee and bar the rights of lien and stoppage in transitu, such as mark ing and setting apart the goods as belonging to the vendee, charging him with warehouse rent, etc. 1 Rawle, 19. ACTUAL FRAUD. Actual fraud im plies deceit, artifice, trick, design, some di rect and active operation of the mind. Con structive fraud is indirect, and may be im plied from some other act or omission to act, which may be, in moral contemplation, en tirely innocent, Jbut which, without the ex planation or actual proof of its innocence, is evidence of fraud. 35 Barb. 457 ACTUAL NOTICE. A notice expressly and actually given, and brought home to the party directly, in distinction from one in ferred or imputed by the law on account of the existence of means of knowledge. ACTUAL OCCUPATION. An open, visible occupancy as distinguished from the constructive one which follows the legal title. ACTUAL OUSTER. By "actual oust er" is not meant a physical eviction, but a possession attended with such circumstances as to evince a claim of exclusive right and title, and a denial of the right of the other tenants to participate in the profits. 45 Iowa, 287. ACTUAL POSSESSION. This term, as used in the provisions of Rev. St. N". Y.

Actor qui contra regulam quid ad duxit, non est audiendus. A plaintiff is not to be heard who has advanced anything against authority, (or against the rule.) Actor sequitur forum rei. According AS rei is intended as the genitive of res, a tiling, or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the de fendant's residence. Branch, Max. 4. Actore non probante reus absolvitur. When the plaintiff does not prove his case the defendant is acquitted. Hob. 103. Actori incumbit onus probandi. The burden of proof rests on the plaintiff, (or on the party who advances a proposition affirma tively.) Hob. 103. ACTORNAY. In old Scotch law. An attorney. Skene. ACTRIX. Lat. A female actor; a fe male plaintiff. Calvin Acts indicate the intention. 8 Co. 1466; Bioom, Max. 301 ACTS OF COURT. Legal memoranda made in the admiralty courts in England, in the nature of pleas. ACTS OF SEDERUNT. In Scotch law. Ordinances for regulating the forms of pro ceeding, before the couit of session, in the administration of justice, made by the judges, who have the power by virtue of a Scotch act of parliament passed in 1540. Ersk. Prir §14 ACTUAL. Eeal; substantial; existing presently iu act, having a valid objective ex istence, as opposed to that which is merely theoretical or possible. Something real, in opposition to construct ive or speculative; something existing in act. SI Conn. 213. ACTUAL CASH VALUE. In insur ance. The sum of money the insured goods would have brought for cash, at the market price, at the time when and place where they •were destroyed by fire. 4 Fed. Rep. 59. ACTUAL COST. The actual price paid for goods by a party, in the case of a real bona fide purchase, and not the market value of the goods. 2 Story, 422,429; 2 Mas. 48; 9 Gray, 226. ACTUAL DAMAGES. Real, substan tial, and just damages. The amount ad judged to a complainant in compensation for

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