1120; 3 Bl. Comm. 193, 194.

fol. 680; Fileta, lib. 6, c 2, § 19.

fol. 680; Fieta, lib. 6, c. 2; § 17.

fol. “This could only be brought for the penalty attached to the offense, and not to recover the thing stolen itself, for which other actions were ya ea Inst. 4, 1, 19.—Acetio honoraria. An honorary, or pretorian action. Dig. 44, 7, 25, 33.—Actio in factum, An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged aw. Spence, Eq. Jur. 212. The. origin of these actions is similar to that of actions on the case at common law.—Aotio judicati. An action instituted, after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize,- first, the movables, which were sold within eight days afterwards; and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and if, at the end of two months, the debt was not paid, the land was sold. Dig. 42, 1; Code, 8,:34.—Actio legis Aquilis. An action under the Aquilian law; an action to recover damages for maliciously or injuriously killing or wounding the slave or beast of another, or injuring in any way a thing belonging to another. therwise called damni injurie actic.—Actio mandati. Included actions to enforce contracts of mandate, or obligations arising out of them.. Hunter, Rom. Law, 316.—Actio mixta. A mixed action: an action brotght. for the recovery of a thing, or compensation for damages, and also for the payment of a penalty; partaking of the nature both of an ectio in rem and tn -personam. Inst. 4, 6, 16, 18, 19, 20; Mackeld. Rom. Law, 209.—jActio negatoria. An action brought to repel a claim of the defendant to a servitude in the plaintiff's land. Mackeld. Rom. Law, § 324.—Actio negotioruam gestorum. Included actions between principal and agent and other parties to an engagement, whereby one person undertook the transaction of business for another.—Actio noxalis. A noxal action; an action which lay against a master for a crime committed or injury ‘done by his slave; and in which the master had the alternative either to pay for the damage done or to deliver up the slave to the complaining party.

fols. 102c, 159b. See Personat Ao-

fol. 2030; .1 Tidd, Pr. 3.

fol. 359b.

1.1, t 8,

fol. 413).—-Brevia judiciala. Judicial writs. Auxiliary writs issued from the court during the progress of an action, or in aid of the judgment.—Brevia magistralia. Writs occasionally issued by the masters or clerks of chancery, the form of which was varied to suit the circumstances of each case. Bract. fol. 413}.—Brevia selecta. Choice or selected writs or processes. Often abbreviated to Brev. Sel.—Brevia testata. The name of the short memoranda early used to show grants of lands aut ig which the deeds now in use have grown. aco e

fol. 1010.

fol. 70.

fol. 108b.—Condictio ex lege. ace tion arising where the law gave a remedy, but provided no appropriate form of action. Calvin.—Condictio indebitati. An action which lay to recover anything which the plaintiff had given or paid to the defendant, by mistake, and which he was not bound to give or pay, either in fact or in law.—Condictio rei furtive. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19.—Oondictio sime causa. An action which lay in favor of a person who had given or promised a thing without consideration, (causa.) Dig. 12, 7; Cod. 4, 9.

fol. 146. Cowell supposes this office to have been the same with the custos rotulorum. But it seems rather to have been another name .” Crabb, Eng. Law, 150; Bract. fol. 136b.—Oustos rotulorum. Keeper of the rolls. An officer in England who has the custody of the rolls or records of the sessions of the peace, and also of the commission of the peace itself. He is vere a justice of the quorum in the county whete appointed and is the prneipe civil officer In the county. 1

fol. 2050.

fol. 147; 2 Reeve, Eng. Law, 38.

fol. 1540. l

fol. 19.

fol. 2880. See Droit-Droit.

fol. 600.

fols. 720, 75; Britt. c 71.

fol. 1b.

fol. 231.

fol.

fol. 233.

fol. 1626. No particular time was limited for doing this, but Bracton suggested it should be fifteen days. Id. fol. 168. See Britt. ec. 32, 43, 44, 65.— sh fine. In old English law. A fine that had been levied within a year past. St. Westm. 2, c. 45: Cowell.—Fresh force. Force done within fort Fitzh.

fol. 104b, lib. 3, tr. 1, c. 6.

fol.

fol. 170.

fol. 222; Co. Litt. 46; Shep. Touch. 97. <A right to herbage does not include a right to cut grass, or dig potatoes, or pick apples. Simpson y. Coe, 4 N. H. 803. °

fols. 57, 1720. This application of the word seems to be derived from the civil law. Calvin.

1010b.

fol. 148b. It was in this sense that a woman could only have an appeal for murder of her husband inter drachia sua.

fol. 232: 4 Bell, H. L. Se. 390.

fol. 3.

fol. 3. Alient juris, under another’s . power. Inst. 1, 8, pr. :

fol. 23.

333). ;

fol. 40. In old European law. A legate, messenger, or envoy. Spelman.

fol. 68.

fol. 60.

fol. 31.

fol. 5; Co. Litt. 7, 8; 2 BL Comm. 246.

fol. 2050.

fol. 450.

fols. 102, 106d.

fol. 68D.

fol. 1540. See SacaBuRTH.

fol. 20. An injury is not done to one who knows and wills it.

fol. 214a. A survival from this proceeding is seen in the formula still used at the end of declarations, “and therefore he brings his suit,” (et inde producit sectan.) ' This word, in its secondary meaning, sighifies suit in the courts; lawsult. -—Secta ad curiam. A writ that lay against him who refused to perform his suit either to the county court or the court-baron. Cowell. —Secta ad furmum. In old English law. Suit due to a man’s public oven or bake-house. . Comm. 235.—Secta ad justiciam facfendam,. In old English law. A service which

1.

fol. 801; Spelman.

fol. 401. .

1. 5, t. 5, c. 1.