'35 
ACT 
fuelled action is controverted. It is certainly 
enough if an orator studies suiiicient of exter- 
nal grace that there shall be nothing disgusting 
in his manner or delivery. In truth, the at- 
tempts at theatrical action in some young ora- 
tors, and particularly in the pulpit, are calcu- 
lated to make themselves, and what they say, 
ridiculous, rather than respected, in the eyes 
of all judicious persons. 
Action, in poetry, denotes much the same 
with the fable or subject of an epic or dramatic 
poem ; only that the former may be real, 
whereas the’ latter is always feigned. 
It is necessary to the perfection of an action 
that it be but one, that it be entire, that it tie 
important or affecting, and that it have a suit- 
able duration without being interrupted. It 
is no breach, however, of the unity or inte- 
grity of the principal action, that there are 
subordinate ones, serving to obstruct the hero’s 
measures. 
Action, in a theatrical sense, is nearly the. 
same with action among orators ; only the 
actor adapts his action to an assumed charac- 
ter, whereas the orator is supposed to be in 
reality what his action expresses, whether joy- 
ful, grieved, Ac. The perfection of theatrical 
action consists in imitating nature, or express- 
ing, in a lively manner, the behaviour of a 
man of the assumed character and circum- 
stances. 
Action, in painting and sculpture, denotes 
the posture of a statue or picture, serving to 
express some passion, Ac. 
Action of the mouth, in the manege, sig- 
nifies a horse’s champing upon the bit of the 
bridle, thereby emitting a ropy foam ; which 
is looked upon as a sign of health, vigour, and 
mettle. 
Action, in law, denotes either the de- 
manding, in a legal manner, what is any man’s 
due ; or the, process brought for recovering the 
same. The suit, till judgment, is properly 
called the action ; but not after ; and therefore 
a release from all actions is no bar to execu- 
tion. — Co. Lilt. 281. 
Actions are either criminal or civil. 
Criminal actions are to have judgment of 
death, as appeals of death, robbery, Ac. or only- 
judgment for damage to the injured parly, fine 
to the king, and imprisonment. Under the 
head of criminal actions may likewise be rank- 
ed penal actions, which lie for some penalty or 
punishment on the party sued, whether cor- 
poral or pecuniary. 
Act ions upon the statute are also brought on 
breach of any stat ute, or act of parliament, by 
which an action is given that did not lie before ; 
as where a person commits perjury to the pre- 
judice of another, the injured party shall have 
an action upon the statute. And, lastly, po- 
pular actions, so called, because any person 
may bring them on behalf of himself and the 
crown, by information, &c. for the breach of 
some penal statute. These are called qui tam 
actions from the words of the writ. 
Civil actions are divided into real, personal, 
and mixt. 
Action, real, concerns only real or landed 
property, for that is the only property which 
our ancestors accounted real. It is therefore 
that whereby a man claims a title, lands, tene- 
ments, Ac. in fee, or for life ; and this action is 
either possessory, or ancestral; possessory, 
when the lands are a person’s own possession or 
seisin ; ancestral, when they were of the pos- 
session or seisin of iris ancestors* 
ACT 
Action personal, is one brought upon any 
contract for nrsney or goods, or on account of' 
trespass, or other offence committed ; and 
thereby the debt, goods, chattels, Ac. claimed. 
Action, mixt, is one lying, as well for the 
real property demanded as against the person 
who has it, and on which the thing is recover- 
ed with damages for the wrong sustained; such 
is an action of waste, sued against a tenant for 
life, the place wasted being recoverable, with 
treble damages for the wrong done. 
All actions seem to be temporary and limit- 
ed. A real action may be prescribed against, 
in live years after a line levied, or recovery 
suffered. Writs of fbrmcdon for any title to 
lands in being, must be sued out within twenty 
years. Actions of debt, account, detinue, 
trover, and trespass, are to be brought within 
six years, of assault and battery within four 
years, and of slander within two years, after 
cause of action, and not afterwards, 
It ought, however, to be observed, that the 
right of action in these cases is saved to in- 
fants, feme coverts, and persons in prison, or 
beyond sea; Ac. provided they commence 
their suits' within the time limited after their 
inabilities are removed. 
Actions may be brought against all persons 
whatever, but those attainted of high treason 
or felony. An outlawed or excommunicated 
person, Ac. cannot bring any action till par- 
doned, absolved, &c. A feme covert must 
sue with her husband, and infants by their 
guardians. 
Action upon the case, is a general action 
which lies for the redress of wrongs and injuries 
done without force, and which by law are not 
specifically provided against. This at present 
is the most frequent of all actions, being 
brought in all cases where no certain form has 
been established ; and the reason why it is call- 
ed an action upon the case, is because the 
whole cause or case is set forth in the writ. It 
may be brought as well where there is another 
action as where no other lies. 
Action, upon the case for words, is brought 
where a person is injured in his reputation ; 
and for words which affect the life, office, trade, 
Ac. or tend to the loss of preferment in mar- 
riage, or otherwise ; or to the disinheritance, or 
other damage of a person. 
Action, prejudicial, otherwise calledpre- 
paratory, one which arises from some doubt in 
the principal : as, where one sues his younger 
brother for lands descended from the father, on 
which it is objected to him that he is a bastard. 
Here this point of bastardy is to be first tried 
or judged, before the principal cause can pro- 
ceed. 
Action of a zvrit, is when a person pleads 
some matter, by which is shown, that the 
plaintiff had no cause to have the writ brought; 
though, perhaps, he may have another writ for 
the same matter. It is hence called, a plea to 
the action of the writ, in contradistinction from 
a plea to the action. 
Action, among physicians. The actions 
of the human body are divided into the vital, 
animal, or natural ones. 
Vital actions are those, without which life 
could not be maintained : such is the motion 
of the heart and lungs. 
Under animal actions are comprehended 
the senses, imagination, judgment, and volun- 
tary motions, without which we could not live 
comfortably. 
Lastly, natural actions are those which. 
ACU 
though not so immediately necessary to life, 
but tiiat we may live some’ time at least with- 
out them, yet are absolutely necessary to our 
well-being; such is digestion. 
Action, in commerce, a term used abroad 
for a certain part or share of a public compa- 
ny’s capital stock. 7'hus, if a company has 
400,000 livres capital stock, this may be di- 
vided into 400 actions, each consisting of 
1000 livres. Hence, a man is said to have two, 
four, Ac. actions, according as he has the pro- 
perty of two, four, Ac. thou: and livres, capital 
stock. 
The transferring of actions, abroad, is per- 
formed much in the same manner as stocks are 
with us. 
ACTIONARY, or Actio nist, in com- 
merce, a term used among foreigners, for the 
proprietor of an action, or share of a public 
company’s stock. 
ACTIVE, among grammarians, an appel- 
lation given to words expressing some action, 
as I write, I read, Ac. 
These are denominated verbs, or active 
verbs, from the Latin verbum, a word. 
ACTOR, in a theatrical sense, is a man who 
acts some part or character in a play. 
Actors were at first few in number, one or 
two persons often acting all the characters in a 
play. At present, however, their number is 
not limited: a circumstance which creates 
such a diversity as must greatly interest the 
spectators. 
It is remarkable with what difference actors 
were treated among the antients. At Athens 
they were held in such esteem, as to be some- 
times appointed to discharge embassies, and 
other negotiations : whereas, at Rome, if a 
citizen became an actor, he forfeited his free- 
dom. Among the moderns, actors are best 
treated in England ; the French having much 
the same opinion of them as the ttomans 
had. 
Actor was the name of a person who had 
the superintendance of all the goods of a Ro- 
man cit izen. He was called actor bonorum. 
Actor summqrum, a slave, to whom was 
committed the office of. cash-keeper. 
Actor, among civilians, the proctor or ad- 
vocate in civil courts or causes. 
ACTOR UM tabula:, tables instituted by 
Servius Tullius, in which the births of children 
were registered- 
ACTUARIAL naves-, in Roman antiquity, 
a kind of ships designed chiefly for expedition. 
ACTUARIUS, an officer, or rather notary, 
appointed, to write down the proceedings of a 
court. 
Actuarii were also officers who kept the 
military accounts, and distributed the com to 
the soldiers. 
ACTUS, in antiquity, a measure of length, 
containing one hundred and twenty Roman 
feet.. 
The square of the actus was just half of the 
Roman acre, or jugerum. 
ACULEATE, or Aculeated, an appella- 
tion given to any thing that has aculei, or 
prickles : thus fishes are divided into those 
with aculeated, and not aeuleated tins. 
ACULER, in the manege, is said of a horse, 
when working upon volts, he does not go far 
enough, forward, at every time or motion ; so 
that his shoulders embrace or take in too little 
ground, and his croupe comes too near the cen- 
ter of the volt. 
AC U MINA, in antiquity, a kind of military 
