Legal Term Dictionary

Real; substantial; existing presently in act, having a valid objective existence as opposed to that which is merely theoretical or possible. Something real, in opposition to constructive or speculative; something existing in act. Astor v. Merritt, 111 U. S. 202,* 4 Sup. Ct. 413, 28 L. Ed. 401; Kelly v. More...

Real; substantial; existing presently in act, having a valid objective existence as opposed to that which is merely theoretical or possible. Something real, in opposition to constructive or speculative; something existing in act. 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," "Notice," "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 HI. 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. 70 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: Lexington, 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 be has collected from the purchaser the amount of the bid. Miles v. Miler, 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. Less...

In Roman law. A notary or clerk. One who drew the acts or statutes, or who wrote in brief the public acts

In Roman law. A notary or clerk. One who drew the acts or statutes, or who wrote in brief the public acts Less...

In English ecclesiastical law. A clerk that registers the acts and constitutions of the lower house of convocation; or a registrar in a court christian. Also an officer appointed to keep savings banks accounts; the computing officer of an insurance company; a person skilled in calculating the value of life More...

In English ecclesiastical law. A clerk that registers the acts and constitutions of the lower house of convocation; or a registrar in a court christian. Also an officer appointed to keep savings banks accounts; the computing officer of an insurance company; a person skilled in calculating the value of life interests, annuities, and insurances. Less...

Lat. A deed; something done.

Lat. A deed; something done. Less...

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 More...

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. Co. Litt 56a; Boyden Y. Achenbach, 79 N. C. 539. In old English law. An act of parliament; a statute. A distinction, however, was sometimes made between actus and statutum. Actus parliamenti was an act made by the lords and commons; and it became statututm, when it received the king's consent. Barring. Obs. St 46, note b. Less...

In the civil law. An act or action. Non tantum verbis, sed etiam actu; not only by words, but also by act. Dig. 46, a 5. Actus curiae neminem gravabit. An act of the court shall prejudice no man. Jenk. Cent 118. Where a delay in an action is the More...

In the civil law. An act or action. Non tantum verbis, sed etiam actu; not only by words, but also by act. Dig. 46, a 5. Actus curiae neminem gravabit. An act of the court shall prejudice no man. Jenk. Cent 118. Where a delay in an action is the act of the court neither party shall suffer for it. Aetna Dei nenini est damnosus. The act of God is hurtful to no one. 2 Inst. 287. That is, a person cannot be prejudiced or field responsible for an accident occurring without his fault and attributable to the "act of God." See ACT. Actus Dei nemini facit injuriam. The act of God does injury to no one. 2 Bl. Comm. 122. A thing which is inevitable by the act of God, which no industry can avoid, nor policy prevent, will not be construed to the prejudice of any person in whom there was no laches. Broom, Max. 230. Aetna inceptus, cujns perfectio pendot ex voluntate partium, revocari potest at autem peadet on voluntate tortise personse, vel ex contingent, revoemri non potest. An act already begun, the completion of which depends on the will of the parties, may be revoked; but if it depend on the will of a third person, or on a contingency, it cannot be revoked. Bac Max. reg. 20. Actus Judiciarins coram non judiee initus habetur, de ministerial autem a quocunque prevenit ratunt esto. A judicial act by a judge without jurisdiction is void; but a ministerial act, from whomsoever proceeding, may be ratified. Lofft 458. Actus leais 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 leais nemini faoit injuriam. The act of the law does injury to no one. 5 Coke, 116. Aetna lecitimi non recipiunt modum. Acts required to be done by law do not admit of qualification. Hob. 153; Branch, Print Actus me invito factus non est mens aotus. An act done by me, against my will, is not my act Branch, Print Aotus non faoit reum, nisi mens sit Tea. 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, 0. J., 7 Term 514; Broom, Max. 306. Actus repugnus non potest in esse prodnoi. A repugnant act cannot be brought into being, t. e., cannot be made effectual. Plowd. 355. Actus scrvi in lis quibus opera ejus eommunlter adbibita est, aotus domini babetur. The act of a servant in those things In which he is usually employed, is considered the act of his master. Lofft, 227. Less...

Lat. At; by; for; near; on account of; to; until; upon.

Lat. At; by; for; near; on account of; to; until; upon. Less...

L. Lat. For more abundant caution. 2 How. State Tr. 1182. Otherwise expressed, ad cautelam em superabundanti. Id. 1163.

L. Lat. For more abundant caution. 2 How. State Tr. 1182. Otherwise expressed, ad cautelam em superabundanti. Id. 1163. Less...

For the admitting of the clerk. A writ in the nature of an execution, commanding the bishop to admit his clerk, upon the success of the latter in a quare impedit.

For the admitting of the clerk. A writ in the nature of an execution, commanding the bishop to admit his clerk, upon the success of the latter in a quare impedit. Less...

To another tribunal; belonging to another court, cognisance, or jurisdiction.

To another tribunal; belonging to another court, cognisance, or jurisdiction. Less...