ACTOR

(causa publica) he was called "accusator." The defendant was called "reus," both in private and public causes; this term, however, 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 called "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, advocate, or pleader; one who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bailiff, or steward; one who managed or acted for another. The Scotch "doer" is the literal translation.

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act.

ACTUS

Astor v. 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 v. Wells, 31 Conn. 213.

As to actual "Bias," "Damages," "Delivery," "Eviction," "Fraud," "Malice," "No-tice," "Occupation," "Ouster," "Possession," "Residence," "Seisin," "Total Loss," see

those titles.

-Actual cash value. The fair or reasonable 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. Pulver, 126 Ill. 329, 18 N. E. 804, 9 Am. St. Rep. 598: Mack v. Lancashire Ins. Co. (C. C.) 4 Fed. 59; Morgan's L. & T. R. S. S. Co. v. Board of Reviewers, 41 La. Ann. 1156, 3 South. 507.-Actual change of possession. In statutes of frauds. An open, visible, and unequivocal change of possession, manifested by the usual outward signs, as distinguished from a merely formal or constructive change. Randall 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.-Actual cost. The actual price paid for goods by a party, in the case of a real bona fide purchase, and not the market value of the goods. Alfonso v. United States, 2 Story, 421, Fed. Cas. No. 188; United States v. Sixteen Packages. 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 "actually 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 purchaser the amount of the bid. Miles v. Miller, 5 Neb. 272.-Actual violence. An assault with actual violence is an assault with physical force put in action, exerted upon the person assailed. The term violence is synonymous with physical force, and the two are used interchangeably in relation to assaults. State v. Wells. 31 Conn. 210.

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 included the kind of way termed "iter," or path. Lord Coke, who adopts the term "actus" from Bracton, defines it a foot and horse way, vulgarly called "pack and prime way;" but distinguishes it from a cart-way.

Actus me invito factus non est meus 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 concur to constitute the crime. Lord Kenyon, C. J., 7 Term 514; Broom, Max. 306.

Actus judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto. judicial act by a judge without jurisdiction is void; but a ministerial act, from whomsoever proceeding, may be ratified. Lofft, 458.

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 admit of qualification. Hob. 153; Branch, Princ.

Ad ea quæ frequentius accidunt jura adaptantur. Laws are adapted to those cases which most frequently occur. 2 Inst. 137; Broom, Max. 43.

Laws are adapted to cases which frequently occur. A statute, which, construed according to its plain words, is, in all cases of ordinary occurrence, in no degree inconsistent or unreasonable, should not be varied by construction in every case, merely because there is one possible but highly improbable case in which the law would operate with great severity and against our notions of justice. The utmost that can be contended is that the construction of the statute should be varied in that par ticular case, so as to obviate the injustice. 7 Exch. 549; 8 Exch. 778.

AD EFFECTUM. To the effect, or end. Co. Litt. 204a; 2 Crabb, Real Prop. p. 802, § 2143. Ad effectum sequentem, to the effect following. 2 Salk. 417.

AD EXCAMBIUM. For exchange; for compensation. Bract. fol. 12b, 37b.

AD EXHÆREDATIONEM. To the disherison, or disinheriting; to the injury of the inheritance. Bract. fol. 15a; 3 Bl. Comm. 288. Formal words in the old writs of waste.

AD EXITUM. At issue; at the end (of the pleadings.) Steph. Pl. 24.

AD FACIENDUM. To do. Co. Litt. 204a. Ad faciendum, subjiciendum et recipiendum; to do, submit to, and receive. Ad faciendam juratamillam; to make up that jury. Fleta, lib. 2, c. 65, § 12.

AD FACTUM PRÆSTANDUM. In Scotch law. A name descriptive of a class of obligations marked by unusual severity. A debtor who is under an obligation of this kind cannot claim the benefit of the act of grace, the privilege of sanctuary, or the cessio bonorum. Ersk. Inst. lib. 3, tit. 3, § 62.

AD FEODI FIRMAM. To fee farm. Fleta, lib. 2, c. 50, § 30.

AD FIDEM. In allegiance. 2 Kent, Comm. 56. Subjects born ad fidem are those born in allegiance.

AD FILUM AQUÆ. To the thread of the water; to the central line, or middle of the stream. Usque ad filum aquæ, as far as the thread of the stream. Bract. fol. 208b; 235a. A phrase of frequent occurrence in modern law; of which ad medium filum aquæ (q. v.) is another form.

AD FILUM VIÆ. To the middle of the way; to the central line of the road. Parker v. Inhabitants of Framingham, 8 Metc. (Mass.) 260.

AD FINEM. Abbreviated ad fin. To the end. It is used in citations to books, as a direction to read from the place designated to the end of the chapter, section, etc. Ad finem litis, at the end of the suit.

AD FIRMAM. To farm. Derived from an old Saxon word denoting rent. Ad firmam noctis was a fine or penalty equal in amount to the estimated cost of entertaining the king for one night. Cowell. Ad feodi firmam, to fee farm. Spelman.

AD GRAVAMEN. To the grievance, injury, or oppression. Fleta, lib. 2, c. 47, § 10.

AD HOC. For this; for this special purpose. An attorney ad hoc, or a guardian or curator ad hoc, is one appointed for a special purpose, generally to represent the client or infant in the particular action in which the appointment is made. Sallier v. Rosteet, 108 La. 378, 32 South. 383; Bienvenu v. Insurance Co., 33 La. Ann. 212.

AD HOMINEM. To the person. A term used in logic with reference to a personal argument.

AD HUNC DIEM. At this day. 1 Leon. 90.

AD IDEM

AD IDEM. To the same point, or effect. Ad idem facit, it makes to or goes to establish the same point. Bract. fol. 27b.

AD INDE. Thereunto. Ad inde requisitus, thereunto required. Townsh. Pl. 22.

AD INFINITUM. Without limit; to an infinite extent; indefinitely.

AD INQUIRENDUM. To inquire; a writ of inquiry; a judicial writ, commanding inquiry to be made of any thing relating to a cause pending in court. Cowell.

AD INSTANTIAM. At the instance. 2 Mod. 44. Ad instantiam partis, at the instance of a party. Hale, Com, Law, 28.

AD INTERIM. In the mean time. An officer ad interim is one appointed to fill a temporary vacancy, or to discharge the duties of the office during the absence or temporary incapacity of its regular incumbent.

AD JUDICIUM. To judgment; to court. Ad judicium provocare; to summon to court; to commence an action; a term of the Roman law. Dig. 5, 1, 13, 14.

AD JUNGENDUM AUXILIUM. To joining in aid; to join in aid. See AID PRAYER.

AD JURA REGIS. To the rights of the king; a writ which was brought by the king's clerk, presented to a living, against those who endeavored to eject him, to the prejudice of the king's title. Reg. Writs, 61.

AD TERMINUM QUI For a term which has passed. Words in the Latin form of the writ of entry employed at common law to recover, on behalf of a landlord, possession of premises, from a tenant holding over after the expiration of the term for which they were demised. See Fitzh. Nat. Brev. 201.

Ad tristem partem strenua est suspicio. Suspicion lies heavy on the unfortunate side.

AD TUNC ET IBIDEM. In pleading. The Latin name of that clause of an indictment containing the statement of the subject-matter "then and there being found."

AD ULTIMAM VIM TERMINORUM. To the most extended import of the terms; in a sense as universal as the terms will reach. 2 Eden, 54.

AD USUM ET COMMODUM. To the use and benefit.

AD VALENTIAM. To the value. See AD VALOREM.

AD VALOREM. According to value. Duties are either ad valorem or specific; the former when the duty is laid in the form of a percentage on the value of the property; the latter where it is imposed as a fixed sum on each article of a class without regard to its value. The term ad valorem tax is as well defined and fixed as any other used in political economy or legislation, and simply means a tax or duty upon the value of the article or thing subject to taxation. Bailey v. Fuqua, 24 Miss. 501; Pingree v. Auditor General, 120 Mich. 95, 78 N. W. 1025, 44 L. R. A. 679.