KFLCC Kingdom Law 2nd Ed.

29

AD COMMUNElM LEGEM

ACTUS

Actus me invito factus non est mens actus. An act done by me, against my will, is not my act. Branch, Princ. Actus non facit reum, nisi mens sit. rea. An act does not make [the doer of it] guilty, unless the mind be guilty; that is, unless the intention be criminal. 3 Inst. 107. The intent and the act must both con cur to constitute the crime. Lord Kenyon, C. J., 7 Term 514; Bx-oom, Max. 306. Actus repugnus non potest in esse produci. A repugnant act cannot be brought into being, i. e., cannot be made ef fectual. Plowd. 355. Actus servi in iis quibus opera ejus communiter adhfbita est, actus domini habetur. The act of a servant in those things in which he is usually employed, is considered the act of his master. Lofft 227. AD. Lat. At; by ; for; near; on account of; to; until; upon. AD ABUNDANTIOREM CAUTELAM. L. Lat For more abundant caution. 2 How. State Tr. 1182. Otherwise expressed, ad cautelam ex superabundanti. Id. 1163. AD ADMITTENDUM CLERICUM. For the admitting of the clerk. A writ in the nature of an execution, commanding the bishop to admit his clerk, upon the success of the latter in a quare impedit. AD AIiITTD EXAMEN. To another tribunal; belonging to another court, cogni AD ASSISAS CAPIENDAS. To take assises; to take or hold the assises. Bract, fol. 110a; 3 Bl. Comm. 185. Ad assisam capiendam; to take an assise. Bract, fol. 1106. AD AUDIENDUM ET TEBMINAN DTTM. To hear and determine. St Westm. 2, cc. 29, 30. AD BARBAM. To the bar; at the bar. 3 How. State Tr. 112. AD CAMPI PARTEM. For a share of the field or land, for ohampert Fleta, lib. 2, c. 36, § 4. AD CAPTTIM VULGI. Adapted tc the common understanding. AD COLLIGENDUM BONA DEFUNC TI. For collecting the goods of the deceas ed. See ADMINISTRATION OF ESTATES. AD COMMUNEM LEGEM. At com mon law. The name of a writ of entry (now zance, or jurisdiction. AD ALIT7M DIEM. At another day. A common phrase in the old reports. Yearb. P. 7 Hen. VI. 13.

Co. Litt 56a; Boyden v. Achenba«h, 79 N. C. 539. In old English law. An act of parlia ment; a statute. A distinction, however, was sometimes made between actus and statutum. Actus parliamenti was an act made by the lords and commons; and it be came statutum, when it received the king's consent Barring. Obs. St 46, note 6. ACTUS. In the civil law. An act or ac tion. Non tantum verbis, sect etiam actu; not only by words, but also by act. Dig. 46, 8, 5. An act of .the court shall prejudice no man. Jenk. Cent. 118. Where a delay in an ac tion is the act of the court neither party shall suffer for it Actus Dei nemini est damnosus. The act of God is hurtful to no one. 2 Inst 287. That is, a person cannot be prejudiced or held responsible for an accident occurring without his fault and attributable to the "act of God." See ACT. Actus Dei nemini facit injuriam. The act of God does injury to no one. 2 Bl. Comm. 122. A thing which is inevitable by the act of God, which no industry can avoid, nor policy prevent, will not be construed to the prejudice of any person in whom there was no laches. Broom, Max. 230. Actus inceptus, cujus perfectio pen det ex voluntate partium, revocari po test; si autem pendet ex voluntate ter tise personse, vel ex contingent!, revo cari non potest. An act already begun, the completion of which depends on the will of the parties, may be revoked; but if it de pend on the will of a third person, or on a contingency, it cannot be revoked. Bac. Max. reg. 20. Actus judiciarius coram non jndice irritus habetur, de ministerial! autem a quocunque provenit ratum esto. A judicial act by a judge without jurisdiction is void; but a ministerial act, from whom soever proceeding, may be ratified. Lofft, 45a Actus legis nemini est damnosus. The act of the law is hurtful to no one. An act in law shall prejudice no man. 2 Inst 287. Actus legis nemini facit injuriam. The act of the law does injury to no one. 5 Coke, 116. Actus legitimi non recipiunt modum. Acts required to be done by law do not ad mit of qualification. Hob. 153; Branch, Princ. Actus curiae neminem gravabit.