Lat. In the civil law. An action

discretion of the judge. In this, unless the defendant would make amends to the plaintiff as dictated by the judge in his discretion, he was liable to be condemned. Id. 825.—Aetio bonse fidei. A class of actions in which the judge might at the trial, ex officio, take into account any equitable circumstances that were presented to him affecting either of the parties to the action. 1 Spence, Eq. Jur. 218.—Actio calumnise. An action to restrain the defendant from prosecuting a groundless proceeding or trumped-up charge against the plaintiff. Hunter, Rom. Law, 859.—Actio eommodati. Included several actions appropriate to enforce the obliga.iions of a borrower or a lender. Id. —Actio commodati contraria. An ac tion by the borrower against the lender, to com- 1 the execution of the contract. Poth. Prét

action for the partition of an inheritance. . Inst. , 6, 20; Id. 4, 17, 4. Called, by Bracton and Fleta, a mixed action, and classed among attions arising ew quasi contractu. Bract. fol. 1000; Id. fols. 4430, 444; Fleta, lib. 2, c. 60, § 1.—Actio furti. An action of theft; an action founded upon theft. Inst. 4, 1, 13-17;