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ACHÆAN CONFEDERATION. [ 18 ] ACHÆAN CONFEDERATION.
Each state had an equal political rank, / trative body for the direction of affairs retained its internal regulations, and its between the times of the public meetings. coins, weights, and measures, though the It may be asked how was the general general government also had its coins, council composed, particularly after the weights, and measures, which were uni- league comprised within itself so many form. The ordinary general assemblies states ? Did the states send deputies? were held twice a year at Ægium (after. Had they, in fact, a representative governwards at Corinth), and they deliberated ment ? It is difficult to answer this quesfor three days. Extraordinary assem- tion, though we are inclined to that think blies might meet at other places, as, for there was no strict system of representainstance, at Sicyon. The general assem- tion. The short time for discussion, the blies decided upon all matters which two yearly meetings, the general characaffected the general interest, on war and ter of Greek democracy, as well as most peace, and made all such regulations as passages in which the congress is spoken were required for the preservation of the of, lead us to infer that this deliberative union. At the Spring meeting, about the body consisted of every qualified citizen time of the vernal equinox, the public of the confederate states who chose to functionaries were chosen ; the strategos, attend. It appears that all the citizens of or general of the confederation, was there the several states, who were thirty years chosen, with the hipparchus, or master of of age, and rich enough not to carry on the horse, who held the next rank, and any handicraft in order to get a living, ten functionaries called demiurgi: there might attend the yearly meetings, speak was also a chief priest chosen to super- and vote. That this, however, could only intend the religious affairs of the con- be the case with the wealthier class, and federation. This was the time of election, that the poor could not attend to such during the life of Aratus at least. In the business so far from home, must be selfearlier times of the league they had two evident. It is also certain that, on extrastrategi and a secretary, as the Romans ordinary occasions, a much larger numhad two consuls; but, in B.C. 256, after 'ber of men assembled than was usual twenty-five years' experience, it was when things were going in a more regufound that one head was better than two. lar course. We read of one instance The strategos was elected for a single when the Roman commissioners were year, and appears not to have been re- kicked out of the congress, then sitting at eligible till he had been one year out of Corinth, with scorn (B.c. 147); and Polyoffice. But Aratus filled the office of bius adds, by way of explanation, strategos seventeen times in twenty-nine there was assembled a number of the years, and Philopæmen was elected eight working class, and of those who followed times in twenty-four years; Marcus of mechanical occupations, greater than on Ceryneia was the first sole strategos. If any former occasion.” As Corinth, howthe strategos died in office, his predeces- ever, was one of the greatest manufactursor assumed the functions till the legal ing towns of Greece, and the working meeting of the congress. The functions of class occupied a higher station there than the ten demiurgi are not clearly ascer- those in most places, it is possible that tained; they probably possessed the right the regular meeting was disturbed by a to summon and preside in the ordinary body of intruders, as we sometimes have meetings; and certainly they must have seen at our own elections. Another passprepared the business which was to be so age of Polybius tells us that Eumenes summarily despatched in three days. It offered the congress, then sitting at Megaseems that they had the power, within lopolis, a large sum of money, that they some limits, of referring matters to the might, with the interest of it, pay the expublic body or not, according to a ma- penses of those who attended the conjority of votes in their own body: they 'gress: this would perhaps imply that the were, in fact, a committee, having a kind number was in some way limited. The of initiatory (Liv. xxxii. 22). They offer of Eumenes was rejected. probably also formed a kind of adminis- Some writers have attempted to show
that the demiurgi, or senate, as they | meanings. Of these meanings one of the have been called, was composed of re- most common was the proceeding by presentatives, one of whom was sent by which a man pursued a claim in a each of the twelve states; and the num- court of justice, who was accordingly ber of twelve is made up by including in such case called the Actor. In this among the senate the strategos, or ge- sense we have in our language the exneral, and the secretary. But this con- pression Action at law. The word Act, jecture is open to many objections, and a thing done, is sometimes used to exsupported by feeble evidence and little press an act or proceeding of a public probability (art. Achaïscher Bund, in nature, of which sense the most signal Rotteck and Welcker, Staats-Lexicon). instance among us is the term Act of But though we are so imperfectly ac- Parliament, which means an act in which quainted with the federal constitution of the three component parts of the sovereign the Achæans, and unable to reconstruct it power in this country, King, Lords, and completely from the scanty fragments Commons, unite, in other words, a Law which remain, we may safely conclude that properly so called. The word Act is it was no inefficient union which called also sometimes applied to denote the reforth from Polybius the following commen- cord of the Act; and by the expression dation : “ Their union is so entire and per- | Act of Parliament is now generally unfect, that they are not only joined together derstood the record of an Act of the Parin bonds of friendship and alliance, but liament, or the written record of a Law. even make use of the same laws, the same In the French language also, the word weights, coins, and measures, the same acte denotes a written record of a legal magistrates, counsellors, and judges: so act, the original document, which is that the inhabitants of this whole tract of either private, acte sous seing privé, which Greece seem in all respects to form but requires the acknowledgment of the parone single city, except only that they are ties in order to be complete evidence, or a not enclosed within the circuit of the public authenticated act, acte authentique, same walls. In every other point, both which without such acknowledgment is through the whole republic, and in every considered genuine and true. This meanseparate state, we find the most exact re- | ing of the word Act or Acts is derived semblance and conformity” (Polybius, from the Romans, among whom Acta ii. 37, Hampton's translation). It might signified the records of proceedings, and be inferred from the first part of this pass- especially public registers and protocols age that the union was effected by the in which the acts and decrees of the formation of one state out of many; but public bodies or functionaries were enthis inference is obviated by the conclud- tered, as Acta Principum, Senatus, Maing sentence which contrasts the whole gistratuum. The Acta Publica, or Diurna republic with the several states: and in- or Acta Urbis, was a kind of Roman deed the history of the league shows that newspaper, or a species of public jourit was a federal union of independent nal for all Rome, as opposed to the pri
vate journal (diurna) which, according The chief authority for the history of to the old Roman love of order, each the Achæan league is Polybius, book ii., family had to keep. Augustus had one &c.; the particular authorities are re- kept in his house, in which were entered ferred to in the article in Rotteck and the employments and occupations of the Welcker, Staats - Lericon, in Hermann, younger members of his family. Julius Lehrbuch der Griechischen Staatsalter- Casar established the practice of drawthümer, and other modern works.
ing up and publishing the Acta both of ACT. This word is a form of the the senate and the people. (Suetonius, Latin actum, from the verb avere, which ! Julius Cæsar, 20.) Augustus subsequently is used generally to express the doing of forbade the publication, but not the drawany act. The Latin word Actio, from ing up of the Acta, and the practice which our word Action is derived, had, of keeping such records continued, in among other significations, various legal some shape or other, even to the time
of the Emperor Julian. Only a few frag- | for a person skilled in the doctrine of ments of them are extant. They are not life annuities and insurances, and who is unfrequently referred to as authorities by in the habit of giving opinions upon cases the Roman writers. These Acta were of annuities, reversions, &c. Most of journals of the proceedings of the bodies those called actuaries combine both the to which they belonged, and of the chief public and private part of the character. events that took place in Rome. When An actuary combines with the duties Suetonius says (Augustus, 36) that Au- of a secretary those of a scientific adviser gustus forbade the publication of the to the board which gives him his office, Acta of the Senate, it must not be sup- in all matters involving calculation, on posed, with some critics, that the Senatus which it may be supposed that the memConsulta are included in the Acta. bers of the board are not generally com
Under the Germanic Empire the term petent to form opinions themselves. Acta Publica denoted the official trans- The name has a legal character from actions of the empire, decrees and the its being recognised in the statute 59 reports of the same, which were first col-Geo. III.c. 128 (or the Friendly Societies' lected under this title by Caspar Loes Act of 1819), which enacts that no jusdorpius, Frankfort, 1629, and his con- tice of the peace shall allow of any tables, tinuators.
&c. to be adopted in any Friendly Society, The word Acta has been used in an unless the same shall have been approved analogous way in other instances in mo- by “two persons, at the least, known to dern times. The Acta Sanctorum denote be professional actuaries, or persons skilled generally all the old stories of the mar- in calculation" -a definition much too tyrs of the church; and specially, that vague to be any sufficient guide. The large work, begun in 1643, by the Jesuit Committee on Friendly Societies of 1825 Bolland, and continued by his successors reported that “petty schoolmasters or acto 1794, in fifty-three 'folio volumes, countants, whose opinion upon the prowhich contains such accounts. The Acta bability of sickness and the duration of Eruditorum Lipsiensia was the title life is not to be depended upon,” had been of the first learned and critical review consulted under this title, and recomthat was published in Germany, after the mended that the actuary of the National model of the French Journal des Savans, Debt Office should be the only recognised and the Roman Giornale de' Litterati. authority for the purposes above menIt was established in 1680, by Otto tioned ; in which recommendation the Mencken, a professor of Leipzig, and Committee of 1827 joined. In the 10 written in Latin. Other journals of a Geo. IV. c. 56, however, no alterations like kind also adopted the name of Acta. was made in the law on this point. By The name of Transactions is now given the Act of 1819, no Friendly Society can in England to the Acts of most learned be dissolved, or any division of money and scientific bodies : the Acts of the made otherwise than in the ordinary Courts of Justice, so far as they are made course, without the certificate of two public, are called Reports, while the actuaries, that the interests of all the proceedings of the courts as registered members have been consulted in the are called Records. (Rotteck and Wels proposed dissolution or payment. The cker, Staats-Lexicon, art. by W.) 4 & 5 Wm. IV. c. 40, which amends.
ACT OF PARLIAMENT. [STA- the above Act, provides that no distribuTUTE.]
tion of the funds of any Friendly Society ACTION. [Act.]
shall take place without a certificate ACTUARY, a word which, properly from the actuary of one of the Life Asspeaking, might mean any registrar of a surance Offices in London appointed by public body, but which is generally used the Board. to signify the manager of a joint-stock The registrar of the Lower House of company under a board of directors, Convocation is called the actuary. Bishop particularly of an insurance company; Gibson says that he is an officer of the whence it has come to stand generally | archbishop, the president of the convo
cation, and cites as follows, from the dinate to the first actuary, are often called fees established by Archbishop Whitgift registrars or judicial notaries. Every (158.3-1603) for the vicar-general's office : actuary must be an independent func-- " Feoda Actuario Domus inferioris tionary, sufficiently qualified for his diffiConvocationis solvenda.” (Gibson's Syno- cult office, and must have undergone an dus Anglicana, 1702.).
examination and be bound by oath, and The word Actuary is from the Roman as such he is responsible for the accuracy si actuarius," which was used in various and sufficient completeness of his notes senses; but its earlier and more common
and acts. As a judicial person he can meaning was "short-hand writer.” (Sue- be objected to as an actuary on the tonius, Julius Cæsar, 55.) The actuarii ground of incapacity or of partiality, militiæ, under the later empire, were especially on the ground of near relationpersons who kept the army accounts, and ship to the judge. . According to the had the distribution of the soldiers' ra- general rule of law, it is necessary to the tions. (Facciolati, Ler, art. Actuarius.) validity of a judicial protocol that both
In Germany an Actuary (Actuar) is the judge should be present and a duly that public officer who is attached to a qualified actuary. The judge and the public functionary, and, in a narrower actuary mutually control one another. sense, to a judicial functionary, and is The actuary, in order that he may mainqualified and sworn to note down official tain his independence and be really proceedings, and to draw up registra- responsible, is not bound to follow the tions and protocols, and to collect and dictation of the judge, except when the keep the records of official acts. Acts judge is merely uttering his own words, which are approved in legal form, that or putting his own questions, or giving is to say, after being first read over, his own proper orders. It would be an and when the law requires it, as the impediment to the careful consideration Prussian law does, are signed by the required of a judge, and to the indepenparties, and are drawn up, collected, and dent action and mutual control exercised kept by the actuary, and also the copies by the judge and actuary over each other, which are compared by him and certified if the judge himself should have to peras true, have public credit, or are taken form the part of actuary; and the indeas complete evidence. Both such acts pendent, careful, and exact discharge of and their contents are considered as the actuary's duty would be impeded, if genuine and true until they are proved to he did not draw up the protocol as far as be false, so far as the actuary, pursuant possible in the words of the party, and to his authority, intends to be security according to his own understanding of for their genuineness and truth, according them, subject indeed to the control of the to the nature of the case. For example, judge, and upon his own responsibility. the actuary intends that a deposition When these forms are not duly observed, taken down in writing by him, or a me- it is a sufficient ground for annulling morial accepted and kept by him, is truly the process and the protocol. (Staatsand completely the deposition or me- Lexicon, Rotteck and Welcker, art. by morial of the party. Their truth in other w.) respects he does not vouch for. Accord- ADJUDICATION, in the law of ing to the various functionaries or offices debtor and creditor in Scotland, is a proto which they are attached, actuaries cess for attaching heritable or real prohave various names. When attached perty. It applicable not merely to to ecclesiastical courts, and frequently land and its accessories, but to all rights when attached to the ordinary courts “ bearing a tract of future time,” as anof justice, they are called Protonotarii nuities, pensions, lands, &c.; and has in (prothonotaries); to the higher provincial general been extended to all such property colleges, Secretaries; to public func- capable of being applied to the liquidationaries, official actuaries or official tion of debts, as is not attachable by the clerks (Amstactuarien, Amtschreiber). simpler process of arrestment. The oriThe secondary actuaries, who are subor- gin of this process of adjudication is to be found in a very ancient practice called preferable to posterior adjudications. (Acts Apprising, by which the debtor who re- | 1661, c. 62; 1672, c. 19; 54 Geo. III. c. fused to satisfy his creditor, either with | 137, $S 9–11.) When there are so money or land, might be compelled to many adjudications in process against an part with so much of the land as the estate that it may be considered as bank. award of a jury found commensurate rupt, while the debtor does not come with the debt. This form was the ob- within the class of persons liable to merject of legislation so early as the year cantile bankruptcy, it is usual to sweep 1469, when provision was made for com- all the operations into one process called pelling feudal superiors to give the proper a “ Judicial Sale and Ranking.” A facinvestiture to those who acquired lands tor or assignee is appointed, under judiby such a title. The debtor who is com- cial inspection, and, to a certain extent, pelled to part with his lands under the but very imperfectly, the property is old apprising might redeem them within realized and distributed among the creseven years, but it is said that this pri- ditors after the manner of a bankrupt vilege was often defeated by dexterous estate. (Acts 1681, c. 17; 1695, e. 24; 54 expedients, and that the system was a Geo. III. c. 137, $$ 6, 7; Act. Sed. 22nd means of judicial oppression, the genuine Nov. 1711; 17th Jan. 1756 ; 11th July, creditor being often defeated by the col- 1794.) Where sequestration has been lusive proceedings of the debtor's friends : awarded against a person liable to merand on the other hand a creditor to a cautile bankruptcy, the award involves mere nominal amount was often enabled an adjudication of the bankrupt's adjudgeto carry off a large estate. The system able property from the date of the first was amended by the Act 1672, c. 19. Ac- deliverance. (2 & 3 Vict. c. 41, $ 82.) cording to modern practice, there are The form of an adjudication has long two alternatives laid before the debtor in been in use for the completion of dethe process—that the debtor is to make fective titles to landed property, and over to the creditor land to the value of when so employed it is called “ Adjudihis debt and one-fifth more, redeemable cation in implement.” within five years; or that the property
ADJUSTMENT, in marine insurance, in general against which the process is is the settling and ascertaining the exact directed shall be adjudged to the creditor, amount of indemnity which the party liable to be redeemed within ten years, insured is entitled to receive under the on payment of the debt, interest, &c. policy, after all proper allowances and The latter is the alternative universally deduetions have been made; and fixing adopted. The lands do not pass into the the proportion of that indemnity which absolute property of the adjudger at the each underwriter is liable to bear. The end of the ten years without judicial in- contract of insurance is an agreement to tervention, in “an action of declarator indemnify the insured against such losses of expiry of the legal,” in which the as he may sustain by the occurrence of debtor may call on the creditor to account any of the events which are expressly, or for his transactions, and may redeem the by implication of law, contained in the property on paying any balance that may policy. Thus, when a ship is lost, or any be still due.
of those contingencies arise against which There are arrangements for preserving the insurance provides, the owner of the equality among adjudgers, and prevent- ship or of the goods insured, as the case ing the more active creditors from car- may be, or an authorized agent, reports rying off all the available estate. Taking the circumstance to the insurers or underthe point of time when the first process writers. In London, this notice is given has been made effectual by certain pro- by an insertion in a book kept at Lloyd's ceedings for the completion of the ad- Coffee-House in the subscription-rooms, judger's title, all others in which the de- where the greater part of marine incree is either prior to that event or within surances are effected. a year and a day after it, rank with it Before any adjustment is made. the and with each other, and they are all / underwriters require to be informed of all