KFLCC Kingdom Law 2nd Ed.

24

ACTIO

ACTIO CIVILIS

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 ac tions arising ex quasi contractu. Bracts fol. 1006/ Id. fols. 4436, 444; Fleta, lib. 2, a 60, § 1.— Actio furti. An action of theft; an" ac tion founded upon theft. Inst. 4, 1, 13-17; Bract fol. 444. This could only be brought for the penalty attached to the offense, and not to recover the thing stolen itself, for which oth er actions were provided. Inst. 4, 1, 19.— Ac tio honoraria. An honorary, or praetorian action. Dig. 44, 7, 25, 35.— Actio in factum. An action adapted to the particular case, hav ing 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 judicati. 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 immovables, 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 le gis Aquilise. An action under the Aquilian 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. Otherwise called damni injurtCB actio.— Actio mandati. Included actions to enforce contracts of man date, or obligations arising out of them. Hun ter, Rom. Law, 316.— Actio mixta. A mixed action; an action brought for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an actio in rem and %n person am. Inst. 4, 6, 16, 18, 19, 20; Mackeld. Rom. Law, § 209— Actio negatoria. An action brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, § 324.— Actio negotiorum gestorum. Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of busi ness for another.— Actio noxalis. 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 alter native either to pay for the damage done or to deliver up the slave to the complaining party. Inst. 4, 8, pr.; Heinecc. Elem. lib. 4, tit. 8. So called from noxa, the offense or injury com mitted. ^ Inst. 4, 8, 1.— Actio pignoratitia. An action of pledge; an action founded on the contract of pledge, (pignus.) Dig. 13, 7; Cod. 4, 24.— Actio prsejudicialis. A pre liminary or preparatory action. An action in stituted for the determination of some pre liminary matter on which other litigated mat ters depend, or for the determination of some point or question arising in another or principal action,; and so called from its being determin ed before, (prius, or prae judtcari.) — Actio prsescriptis verbis. A form of action which, derived its force from continued usage or the responsa prudentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212.— Ac tio prsetoria. A praetorian action; one in troduced by the praetor, as distinguished from the more ancient actio civilis, (a. v.) Inst. 4, 6, 3; Mackeld. Rom. Law, § 207.— Actio pro socio. An action of partnership. An action brought by one partner against his associates to compel them to carry out the terms of the partnership agreement.— Actio publiciana. An action which lay for one who had lost a thing of which he had bona fide obtained pos session, 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 prescrip tion. Inst. 4, 6, 4; Heinecc. Elem. lib. 4, tit.

6, { 1381; fiallifax, 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 quod jussu. 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. An action granted to one who had been compelled by unlawful force, or fear (metus causa) that was not groundless, (metus proba bilis or justus,) to deliver, sell, or promise a thing to another. Bract fol. 1036; Mackeld. Rom. Law, § 226.— Actio realis. A real ac tion. The proper term in the civil law wa* ret vindicatio. Inst. 4, 6, 3.— Actio redhibi toria. An action to cancel a sale in conse quence of defects in the thing sold It was prosecuted to compel complete restitution to the 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 res titution of the produce. Hunter, Rom. Law, 332. —Actio rerum amotarum. 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. 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. An action for restoring the plaintiff to a right or title which he has lost by prescription, 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. An action which lay for the lessor of a farm, or rural estate, to recover the goods of the lessee or farmer, which were pledged or bound for the rent. Inst. 4, 6, 7.— Actio strict! ju ris. An action of strict right. The class of civil law personal actions, which were adjudg ed 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 6ono fides of the transaction. See Inst. 4, 6, 28; Gaius, iii. 137; Mackeld. Rom. Law, § 210.— Actio tutelse. Action founded on the duties or obligations arising on the rela tion analogous to that of guardian and ward. —Actio utilis. A beneficial action or equit able action. An action founded on equity in stead of strict law, and available for those who had equitable rights or the beneficial own ership of property. Actions are divided into directw or utiles actions. The former are found ed on certain legal obligations which from their origin were accurately defined and recognized as actionable. The latter were formed analog ically in imitation of the former. They were permitted in legal obligations for which the actiones director were not originally intended, but which resembled the legal obligations which formed the basis of the direct action. Mackeld. Rom. Law, § 207.— Actio venditi. An action employed in behalf of a seller, to compel a buyer to pay the price, or perform any special obligations embodied in a contract of sale. Hunter, Rom. Law, 332.— Actio vi bonorum raptorum. An action for goods taken by force; a species of mixed action, which lay for a party whose goods or movables (bona) had been taken from him by force, (vt,) to recover the things so taken, together with a penalty of triple the value. Inst 4, 2; Id. 4, 6. 19. Bracton describes it as lying de rebus mobilibu* vi ablatis sive robbatis, (for movable things tak en away by force, or robbed.) Bract, fol. 1036. — Actio vulgaris. A legal action; a common action. Sometimes used for actio dvrecta. Mackeld. Rom. Law, § 207. In the common law. A civil action, as distinguished from a crimi nal action. Bracton divides personal actions- ACTIO CIVILIS.