KFLCC Kingdom Law 2nd Ed.

ACTOR

28

ACTUS

(causa publico) he was called "accusator." The defendant was called "reus," both in private and public causes; this term, how ever, according to Cicero, (De Orat. ii. 43,) might signify either party, as indeed we might conclude from the word itself. In a private action, the defendant was often call ed "adversarius," but either party might be called so. Also, the term is used of a party who, for the time being, sustains the burden of proof, or has the initiative in the suit. In old European law. A proctor, ad vocate, or pleader; one who acted for an other in legal matters; one who represented a party and managed his cause. An attor ney, bailiff, or steward; one who managed or acted for another. The Scotch "doer" is the literal translation. Actor qui contra regulam quid adduxit, 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 ret is intended as the genitive of res, a thing, 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 absolvitor. When the plaintiff does not prove his case the defendant is acquitted. Hob. 103. Actori ineumbit onus proband!. The burden of proof rests on the plaintiff, (qr on the party who advances a proposition af firmatively.) 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 ; Broom, 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 court 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. Prin. § 14. ACTUAIi. Real; substantial; existing presently in act, having a valid objective existence as opposed to that which is mere ly theoretical or possible. Something real, in opposition to construc tive or speculative; something existing in

act Astor r. Merritt, 111 U. S. 202, 4 Sup. Ct 413, 28 L. Ed. 401; Kelly v. Ben. Ass'n, 46 App. Div. 79, 61 N. Y. Supp. 394; State r. Wells, 31 Conn. 213. As to actual "Bias," "Damages," "Deliv ery," "Eviction," "Fraud," "Malice," "No tice," "Occupation," "Ouster," "Possession," "Residence," "Seisin," "Total Loss," see those titles. —Actual cash value. The fair or reason able cash price for which the property could be sold in the market, in the ordinary course of business, and not at forced sale; the price it will bring in a fair market after reasonable efforts to find a purchaser who will give the highest price. Birmingham F. Ins. Co. v. Pul ver, 126 111. 329, 18 N. E. 804, 9 Am. St. Rep. 598; Mack v. Lancashire Ins. Co. (C. C.) 4 Fed. 59: Morgan'B L. & T. R. S. S. Co. v. Board or Reviewers, 41 La. Ann. 1156, 3 South. 507.— Actual change of possession. In statutes of frauds. An open, visible, and un equivocal change of possession, manifested by the usual outward signs, as distinguished from a merely formal or constructive change". Ran dall v. Parker, 3 Sandf. (N. Y.) 69; Murch v. Swensen, 40 Minn. 421, 42 N. W. 290; Dodge v. Jones, 7 Mont. 121, 14 Pac. 707; Stevens v. Irwin, 15 Cal. 503. 76 Am. Dec. 500.— Ac tual cost. The actual price paid for goods by a party, in the case of a real bona fide pur chase, and not the market value of the goods. Alfonso v. United States, 2 Story, 421, Fed. Cas. No. 188; United States v. Sixteen Pack* ages, 2 Mason, 48, Fed Cas. No. 16.303; Lex ington, etc., R. Co. v. Fitchburg R. Co., 9 Gray (Mass.) 226.— Actual sale. Lands are "ac tually sold" at a tax sale, so as to entitle the treasurer to the statutory fees, when the sale is completed; when he has collected from the { mrchaser the amount of the bid. Miles v. Mil er, 5 Neb. 272.— Actual violence. An assault with actual violence is an assault with physi cal force put in action, exerted upon the person assailed. The term violence is synonymous^ with physical force, and the two are used inter changeably in relation to assaults. State y. Wells, 31 Conn. 210. ACTUARIUS. In Roman law. A no tary or clerk. One who drew the acts or statutes, or who wrote in brief the public acts. ACTUARY. In English ecclesiastical law. A clerk that registers the acts and constitutions of the lower house of convoca tion; or a registrar in a court christian. Also an officer appointed to keep savings banks accounts; the computing officer of an Insurance company; a person skilled in calculating the value of life' interests, an nuities, and insurances. ACTUM. Lat A deed; something done. ACTUS. In the civil law. A species of right of way, consisting in the right of driving cattle, or a carriage, over the land subject to the servitude. Inst. 2, 3, pr. It is sometimes translated a "road," and In cluded the kind of way termed "iter," or path. Lord Coke, who adopts the term "ac tus" from Bracton, defines It a foot and horse way, vulgarly called "pack and prime way;" but distinguishes it from a cart-way.