ACT 



AcTioK, penal, aims nt iome penalty upon the party 

 fiicd, either coiporeal or pecuniary. 

 , Sucli is the Aaio I^fi^is jlquiliie, in the Ck'd J.aiv ; and 



with us, the next friends of a man felonioufly flain, or 

 wounded, ihall purfue tlie lawagainll the offender, and bring 

 him to condign punilhment. 



. Action is alfo diilinguidied, as it hes for the recovery 

 either of the fmiple value of the thing challenged ; or of 

 the double, treble, quadruple, &c. 



Thus, a Decies tantvm lies againft embracers ; and againil 

 jurors that take money for their verdidl, of either, or botli 

 parties. 



To this clafs alfo belong all atlions on a ftatute that pu- 

 niflies offence by ref^itution, or line propoitionable to the 

 tranfgreffion. 



AtVioti, again, is divided into pnjiidLui!, called alfo pre- 

 parntory, and principal. 



Action, prejudicial, is that which arifcs from fome 

 queftion, or doubt in the/'r;W/^fl/ one. 



As, if a man fue his younger brother for land defecnded 

 from his father ; and if it be objefted, he is a balhird ; this 

 poi!\t of baitardy mull be tried, before the caule can pro- 

 ceed : whence this acitiun is termed preejudicialis, quia priiis 

 jiidiciiiida. 



Action upon the cafe, Aciio fuper cav.fam, is a general 

 aftion, given for the redrcfs of a wrong done any man with- 

 out force, and not efpecially provided for by law ; in order 

 to have fatisfatlion for damage. 



This, of all aftioiis, is now moft in ufe. — Where there 

 ariles an oecafion of iuit, that has neither fit name, nor cer- 

 tain form already prefcribed ; the clerks of the chanceiy, 

 anciently, conceived a proper fonn of adtion for the thing in 

 queflion : which was called an adion upon the cafe, by the 

 civilians ylilio in fadwn. 



This is called an adion on the cafe, becaufe the whole caufc 

 or cafe, as much as in the declaration (except time and place) 

 is fet down in the writ ; and there is no other aftion given 

 in the cafe, except only where the plaintiff has his choice to 

 bring this or another action. This aftion lies in a variety of 

 inflances ; as for words fpoken or written, which affeiil a 

 perfon'shfe, reputation, office, or trade, or tend to his lofs of 

 preferment, in man-iage or fervice, or to his dilinheritance, 

 or which occafion him any particular damage. Aftion on 

 the cafe likevi'ife lies upon an Assumpsit. It lies alfo, in 

 all inflances, wherein no general aftion could be framed: 

 e.g. againft Carriers, againft a common inn-keeper for 

 goods itolen in his houfe, for deceit in contrafts, bargains, 

 and fales, for negleft or malfeafance, for injuries done in 

 commons, for malicious profecution and falfe arrefts, againfl 

 flieriffs for default in executing writs, permitting elcapes, &c. 

 for confpiracy, nuifances, &c. &c. See Comyns's Digeil. 

 art. ABion, and Jacob's Law. Didl:. by Tomlins, art. 

 Action. 



Action vpon the Jlatute, Adio fuper Jlaluiuw, is a writ of 

 aftion, brought againft a man, upon an offence againft a 

 statute, wiiereby an aflion is given that did not lie before. 



Thus, where one commits perjur)', to the preiudice of 

 another, he who is damaged fiisll have a writ upon the 

 ftatute, and a caufe accordingly. ISuch aftion is now ob- 

 folete. 



Action, popular, only differs from an aftion upon the fta- 

 tute, in that, where the ftatute gives the fuit or*attion to 

 the party grieved, or otherwife to one fingle perfou certain. 

 It is called action upon the ftatute ; and where tlu: autho- 

 rity is given by the ftatute to every one that will fo fue, it 

 is an action popular : and from the words ufed in the pro- 

 cefs, it is called a qui tarn aSion. Sec Infori»iation. 



Vol. I. 



ACT 



yfrJlon is alfo divided into perpetual and temporary. 



Action, fierpetiml, is that wliofc force is not dctennincd 

 by any period or term of time. 



Of this kind were all civil adions among the ancient Ro- 

 mans ; viz. fuch as aiofc from laws, decrees of tl)e fcnate, 

 and conflitulions of the emperors ; whereas actions granted 

 by the praetor died witliin the year. 



We iiave alfo perpetual and temporary Oiiioni now in Eng- 

 land ; all being perpetual which are not cxjirefsly hmitcd. 



Divers ftatutcs give artions, on condition tlicy be piir- 

 fued within the time prefcribed. — Of thefe ftatutes tlie 

 principal are the following, viz. 32 Hen. V'lII. cap. z. 

 31 Eliz. c. 5. 21 Jac. I. c. 2. c. 16. JO W. HI. c. 14. 

 27 Geo. III. c. 44. See Limitation. 



But, as by tlie civil law no adlions were fo perpetual, but 

 that by lime they might be prefcribed againft ; fo, in our 

 law, though aftion lie called perpetual, in comparifon of 

 thofe that are exprefsly limited l;y ftatute ; yet is there a 

 means to prefcribe ag;unft real actions, after five years, by a 

 FINE levied, or a rlcovkky fuffered. See Prkscrip- 

 tion. 



Again, anions arc either local, as cjeflmcnt, wafle, &e. 

 vvhicli mull be brough.t in the county where the laud lie; ; 

 or tranjitory, fuch as debt, detinue, &.C. which may be 

 brought in any county. 



By flat. 21 Jac. I. c. 4. all fuits on penal ftatutes Qiall be 

 laid in the county where the ofl'cnce was committed. See 

 Venue. 



Adion is alfo joint or feveral ; joint, where feveral per- 

 fons are equally coucerned, and the one cannot bring an 

 a6\ion, or cannot be fued, without \.]\c other ; feveral, in cale 

 of trelpafs, etc. done, where perfons are to be feverally 

 charged, and eveiy trefpafs committed by many is feveral. 



There are alfo various kinds of atlions fuited to different 

 cafes, ?!.?, anions oi Covenant, Debt, Detinue, Tres* 

 PASS, Trover, &c. 



Action, Chofe in, fee Chose in Aclion. 



Action of a 'wrii, is when a pcrfon pleads fomc matter 

 whereby he ftiews, that tlie plainiift had no jufl caufe tiS 

 have the writ he brouglit, though it be poffible he might have 

 another writ or action for the lame matter. — Such plea ii 

 called, a plea to the atlion of the writ. 



When by the plea it appears, that the plaintiff has na 

 caufe of any adlion for the thing demanded, it is called a. 

 plea to the aSion. See Pleas. 



Action, in affairs of Commerce, or Action of a com- 

 pany, is a part or fhare in the company's ftock orCAPiTAL« 

 which confifls of a number of fuch aClions. 



Actions in France und Holland amount to the fame witK 

 Jlmres or fuLferiptions, in England. 



Thus, the capital of a company, which has three hundred 

 aftions of a thouiand livrcs each, confifls of three hundred 

 thoufand livres. Hence a perfon is faid to have four or fi$ 

 aftions in fuch company, if he hath contributed to the capi* 

 tal, and be intcreiled in it for four or fix thoufand livres. 



A proprietor cannot have a deliberate vote in the affem- 

 blies of a company, unlefs he has a certain number of 

 atlions, fixed by the letters patent of its eftabliftiment ; nor 

 can he be a direftor, unlefs tie has a flill greater number of 

 adtions. AAions arc bought and fold, transferred, &c. mucU 

 in the fame manner as Stocks are with us. 



Action alfo denotes an obligation or inflrument, whicli 

 the direftors of fueli companies deliver to thofe who pay 

 money into their iloek. See Bank and Actionaky. 



To melt or liquidate an uSioii, is to fell, or turn it intij 

 money, &c. 



To fn.d an aflibn, is fo pay esaclly when ihey become 

 B b due. 



