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|trative body for the direction of affairs between the times of the public meetings. It may be asked how was the general council composed, particularly after the league comprised within itself so many states? Did the states send deputies? Had they, in fact, a representative government? It is difficult to answer this question, though we are inclined to that think there was no strict system of representation. The short time for discussion, the two yearly meetings, the general character of Greek democracy, as well as most passages in which the congress is spoken of, lead us to infer that this deliberative body consisted of every qualified citizen of the confederate states who chose to attend. It appears that all the citizens of the several states, who were thirty years of age, and rich enough not to carry on any handicraft in order to get a living, might attend the yearly meetings, speak and vote. That this, however, could only be the case with the wealthier class, and that the poor could not attend to such business so far from home, must be selfevident. It is also certain that, on extraordinary occasions, a much larger number of men assembled than was usual when things were going in a more regular course. We read of one instance when the Roman commissioners were kicked out of the congress, then sitting at Corinth, with scorn (B.c. 147); and Polybius adds, by way of explanation, there was assembled a number of the working class, and of those who followed mechanical occupations, greater than on any former occasion." As Corinth, however, was one of the greatest manufacturing towns of Greece, and the working class occupied a higher station there than those in most places, it is possible that the regular meeting was disturbed by a body of intruders, as we sometimes have seen at our own elections. Another passage of Polybius tells us that Eumenes offered the congress, then sitting at Megalopolis, a large sum of money, that they might, with the interest of it, pay the expenses of those who attended the congress: this would perhaps imply that the number was in some way limited. The offer of Eumenes was rejected.

Each state had an equal political rank, retained its internal regulations, and its coins, weights, and measures, though the general government also had its coins, weights, and measures, which were uniform. The ordinary general assemblies were held twice a year at Ægium (afterwards at Corinth), and they deliberated for three days. Extraordinary assemblies might meet at other places, as, for instance, at Sicyon. The general assemblies decided upon all matters which affected the general interest, on war and peace, and made all such regulations as were required for the preservation of the union. At the Spring meeting, about the time of the vernal equinox, the public functionaries were chosen; the strategos, or general of the confederation, was there chosen, with the hipparchus, or master of the horse, who held the next rank, and ten functionaries called demiurgi: there was also a chief priest chosen to superintend the religious affairs of the confederation. This was the time of election, during the life of Aratus at least. In the earlier times of the league they had two strategi and a secretary, as the Romans had two consuls; but, in B.C. 256, after twenty-five years' experience, it was found that one head was better than two. The strategos was elected for a single year, and appears not to have been reeligible till he had been one year out of office. But Aratus filled the office of strategos seventeen times in twenty-nine years, and Philopomen was elected eight times in twenty-four years; Marcus of Ceryneia was the first sole strategos. If the strategos died in office, his predecessor assumed the functions till the legal meeting of the congress. The functions of the ten demiurgi are not clearly ascertained; they probably possessed the right to summon and preside in the ordinary meetings; and certainly they must have prepared the business which was to be so summarily despatched in three days. It seems that they had the power, within some limits, of referring matters to the public body or not, according to a majority of votes in their own body: they were, in fact, a committee, having a kind of initiatory (Liv. xxxii. 22). They probably also formed a kind of adminis

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Some writers have attempted to show

that the demiurgi, or senate, as they have been called, was composed of representatives, one of whom was sent by each of the twelve states; and the number of twelve is made up by including among the senate the strategos, or general, and the secretary. But this conjecture is open to many objections, and supported by feeble evidence and little probability (art. Achaischer Bund, in Rotteck and Welcker, Staats- Lexicon). But though we are so imperfectly ac quainted with the federal constitution of the Achæans, and unable to reconstruct it completely from the scanty fragments which remain, we may safely conclude that it was no inefficient union which called forth from Polybius the following commendation: "Their union is so entire and perfect, that they are not only joined together in bonds of friendship and alliance, but even make use of the same laws, the same weights, coins, and measures, the same magistrates, counsellors, and judges: so that the inhabitants of this whole tract of Greece seem in all respects to form but one single city, except only that they are not enclosed within the circuit of the same walls. In every other point, both through the whole republic, and in every separate state, we find the most exact resemblance and conformity" (Polybius, ii. 37, Hampton's translation). It might be inferred from the first part of this passage that the union was effected by the formation of one state out of many; but this inference is obviated by the concluding sentence which contrasts the whole republic with the several states: and indeed the history of the league shows that it was a federal union of independent

states.

The chief authority for the history of the Achæan league is Polybius, book ii., &c.; the particular authorities are referred to in the article in Rotteck and Welcker, Staats- Lexicon, in Hermann, Lehrbuch der Griechischen Staatsalterthümer, and other modern works.

ACT. This word is a form of the Latin actum, from the verb agere, which is used generally to express the doing of any act. The Latin word Actio, from which our word Action is derived, had, among other significations, various legal

meanings. Of these meanings one of the most common was the proceeding by which a man pursued a claim in a court of justice, who was accordingly in such case called the Actor. In this sense we have in our language the expression Action at law. The word Act, a thing done, is sometimes used to express an act or proceeding of a public nature, of which sense the most signal instance among us is the term Act of Parliament, which means an act in which the three component parts of the sovereign power in this country, King, Lords, and Commons, unite, in other words, a Law properly so called. The word Act is also sometimes applied to denote the record of the Act; and by the expression Act of Parliament is now generally understood the record of an Act of the Parliament, or the written record of a Law. In the French language also, the word acte denotes a written record of a legal act, the original document, which is either private, acte sous seing privé, which requires the acknowledgment of the parties in order to be complete evidence, or a public authenticated act, acte authentique, which without such acknowledgment is considered genuine and true. This meaning of the word Act or Acts is derived from the Romans, among whom Acta signified the records of proceedings, and especially public registers and protocols in which the acts and decrees of the public bodies or functionaries were entered, as Acta Principum, Senatus, Magistratuum. The Acta Publica, or Diurna or Acta Urbis, was a kind of Roman newspaper, or a species of public journal for all Rome, as opposed to the private journal (diurna) which, according to the old Roman love of order, each family had to keep. Augustus had one kept in his house, in which were entered the employments and occupations of the younger members of his family. Julius Cæsar established the practice of drawing up and publishing the Acta both of the senate and the people. (Suetonius, Julius Casar, 20.) Augustus subsequently forbade the publication, but not the drawing up of the Acta, and the practice of keeping such records continued, in some shape or other, even to the time

of the Emperor Julian. Only a few frag-| ments of them are extant. They are not unfrequently referred to as authorities by the Roman writers. These Acta were journals of the proceedings of the bodies to which they belonged, and of the chief events that took place in Rome. When Suetonius says (Augustus, 36) that Augustus forbade the publication of the Acta of the Senate, it must not be supposed, with some critics, that the Senatus Consulta are included in the Acta.

Under the Germanic Empire the term Acta Publica denoted the official transactions of the empire, decrees and the reports of the same, which were first collected under this title by Caspar Loedorpius, Frankfort, 1629, and his continuators.

The word Acta has been used in an analogous way in other instances in modern times. The Acta Sanctorum denote generally all the old stories of the martyrs of the church; and specially, that large work, begun in 1643, by the Jesuit Bolland, and continued by his successors to 1794, in fifty-three folio volumes, which contains such accounts. The Acta Eruditorum Lipsiensia was the title of the first learned and critical review that was published in Germany, after the model of the French Journal des Savans, and the Roman Giornale de' Litterati. It was established in 1680, by Otto Mencken, a professor of Leipzig, and written in Latin. Other journals of a like kind also adopted the name of Acta. The name of Transactions is now given in England to the Acts of most learned and scientific bodies: the Acts of the Courts of Justice, so far as they are made public, are called Reports, while the proceedings of the courts as registered are called Records. (Rotteck and Welcker, Staats-Lexicon, art. by W.) ACT OF PARLIAMENT. TUTE.]

ACTION. [ACT.]

[STA

ACTUARY, a word which, properly speaking, might mean any registrar of a public body, but which is generally used to signify the manager of a joint-stock company under a board of directors, particularly of an insurance company; whence it has come to stand generally

for a person skilled in the doctrine of life annuities and insurances, and who is in the habit of giving opinions upon cases of annuities, reversions, &c. Most of those called actuaries combine both the public and private part of the character.

An actuary combines with the duties of a secretary those of a scientific adviser to the board which gives him his office, in all matters involving calculation, on which it may be supposed that the members of the board are not generally competent to form opinions themselves.

The name has a legal character from its being recognised in the statute 59 Geo. III. c. 128 (or the Friendly Societies" Act of 1819), which enacts that no justice of the peace shall allow of any tables, &c. to be adopted in any Friendly Society, unless the same shall have been approved by "two persons, at the least, known to be professional actuaries, or persons skilled in calculation"-a definition much too vague to be any sufficient guide. The Committee on Friendly Societies of 1825 reported that "petty schoolmasters or accountants, whose opinion upon the probability of sickness and the duration of life is not to be depended upon," had been consulted under this title, and recommended that the actuary of the National Debt Office should be the only recognised authority for the purposes above mentioned; in which recommendation the Committee of 1827 joined. In the 10 Geo. IV. c. 56, however, no alteration was made in the law on this point. By the Act of 1819, no Friendly Society can be dissolved, or any division of money made otherwise than in the ordinary course, without the certificate of two actuaries, that the interests of all the members have been consulted in the proposed dissolution or payment. The 4 & 5 Wm. IV. c. 40, which amends. the above Act, provides that no distribution of the funds of any Friendly Society shall take place without a certificate from the actuary of one of the Life Assurance Offices in London appointed by the Board.

The registrar of the Lower House of Convocation is called the actuary. Bishop Gibson says that he is an officer of the archbishop, the president of the convo

cation, and cites as follows, from the fees established by Archbishop Whitgift (1583-1603) for the vicar-general's office: "Feoda Actuario Domus inferioris Convocationis solvenda." (Gibson's Synodus Anglicana, 1702.)

The word Actuary is from the Roman "actuarius," which was used in various senses; but its earlier and more common meaning was "short-hand writer." (Suetonius, Julius Caesar, 55.) The actuarii militiæ, under the later empire, were persons who kept the army accounts, and had the distribution of the soldiers' rations. (Facciolati, Lex. art. Actuarius.)

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In Germany an Actuary (Actuar) is that public officer who is attached to a public functionary, and, in a narrower sense, to a judicial functionary, and is qualified and sworn to note down official proceedings, and to draw up registrations and protocols, and to collect and keep the records of official acts. Acts which are approved in legal form, that is to say, after being first read over, and when the law requires it, as the Prussian law does, are signed by the parties, and are drawn up, collected, and kept by the actuary, and also the copies which are compared by him and certified as true, have public credit, or are taken as complete evidence. Both such acts and their contents are considered genuine and true until they are proved to be false, so far as the actuary, pursuant to his authority, intends to be security for their genuineness and truth, according to the nature of the case. For example, the actuary intends that a deposition taken down in writing by him, or a memorial accepted and kept by him, is truly and completely the deposition or memorial of the party. Their truth in other respects he does not vouch for. According to the various functionaries or offices to which they are attached, actuaries have various names. When attached to ecclesiastical courts, and frequently when attached to the ordinary courts of justice, they are called Protonotarii (prothonotaries); to the higher provincial colleges, Secretaries; to public functionaries, official actuaries or official clerks (Amstactuarien, Amtschreiber). The secondary actuaries, who are subor

dinate to the first actuary, are often called registrars or judicial notaries. Every actuary must be an independent functionary, sufficiently qualified for his difficult office, and must have undergone an examination and be bound by oath, and as such he is responsible for the accuracy and sufficient completeness of his notes and acts. As a judicial person he can be objected to as an actuary on the ground of incapacity or of partiality, especially on the ground of near relationship to the judge. According to the general rule of law, it is necessary to the validity of a judicial protocol that both the judge should be present and a duly qualified actuary. The judge and the actuary mutually control one another. The actuary, in order that he may maintain his independence and be really responsible, is not bound to follow the dictation of the judge, except when the judge is merely uttering his own words, or putting his own questions, or giving his own proper orders. It would be an impediment to the careful consideration required of a judge, and to the independent action and mutual control exercised by the judge and actuary over each other, if the judge himself should have to perform the part of actuary; and the independent, careful, and exact discharge of the actuary's duty would be impeded, if he did not draw up the protocol as far as possible in the words of the party, and according to his own understanding of them, subject indeed to the control of the judge, and upon his own responsibility. When these forms are not duly observed, it is a sufficient ground for annulling the process and the protocol. (StaatsLexicon, Rotteck and Welcker, art. by W.)

ÁDJUDICATION, in the law of debtor and creditor in Scotland, is a process for attaching heritable or real property. It is applicable not merely to land and its accessories, but to all rights "bearing a tract of future time," as annuities, pensions, lands, &c.; and has in general been extended to all such property capable of being applied to the liquidation of debts, as is not attachable by the simpler process of arrestment. The origin of this process of adjudication is to be

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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, §§ 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 bankaward 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, c. 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 cantile 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 two alternatives laid before the debtor in the process-that the debtor is to make over to the creditor land to the value of his debt and one-fifth more, redeemable within five years; or that the property in general against which the process is directed shall be adjudged to the creditor, liable to be redeemed within ten years, on payment of the debt, interest, &c. The latter is the alternative universally adopted. The lands do not pass into the absolute property of the adjudger at the end of the ten years without judicial intervention, in "an action of declarator of expiry of the legal," in which the debtor may call on the creditor to account for his transactions, and may redeem the property on paying any balance that may be still due.

There are arrangements for preserving equality among adjudgers, and preventing the more active creditors from carrying off all the available estate. Taking the point of time when the first process has been made effectual by certain proceedings for the completion of the adjudger's title, all others in which the decree is either prior to that event or within a year and a day after it, rank with it and with each other, and they are all

The form of an adjudication has long been in use for the completion of defective titles to landed property, and when so employed it is called "Adjudication in implement."

ADJUSTMENT, in marine insurance, is the settling and ascertaining the exact amount of indemnity which the party insured is entitled to receive under the policy, after all proper allowances and deductions have been made; and fixing the proportion of that indemnity which each underwriter is liable to bear. The contract of insurance is an agreement to indemnify the insured against such losses as he may sustain by the occurrence of any of the events which are expressly, or by implication of law, contained in the policy. Thus, when a ship is lost, or any of those contingencies arise against which the insurance provides, the owner of the ship or of the goods insured, as the case may be, or an authorized agent, reports the circumstance to the insurers or underwriters. In London, this notice is given by an insertion in a book kept at Lloyd's Coffee-House in the subscription-rooms, where the greater part of marine insurances are effected.

Before any adjustment is made, the underwriters require to be informed of all

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