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Acti05

action, actions and party

ACTI05 in law, denotes either the right of demanding, in a legal manner, what is any man's due, or the process brought for the recovering the same.

Actions are either criminal or civil.

Criminal actions arc to have judgment of death, asappeals of death, robbery, &c. or only judgment for damage to the in jured party, fine to the 'king, and impri sonment Underthe head of criminal actions Inas likewise be ranked penal actions, %I-ilia' lie for some penalty orpunishment on the party sued, whether it be corporal or pe cuniary.

Also actions upon the statute, brought on breach of any *mite. or act of parlia mein, by which an action is given that did not lie before ; as where a person com mits perjury to the prejudice of another, the injured party shall have an action up on the statute. And lastly, popular ac tions, 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.

Civil actions are divided into real, per sonal, and mixed.

Real action, is that whereby a man claims a title, lands, tenements, &c. in fee, orfor life, and this action is either posses sory, or ancestral; possessory, where the lands are a person's own possession or seisin ; ancestral, when they were of the possession or seisin of' his ancestors.

Personal action, is one brought by one man against another, upon any contract for money or goods, or on account of tres pass, or other offence conmated ; and thereby, the debt, goods, chattels, &c. claimed.

Mixt action, one lying as well for the thingdemanded as against the pelson W110 has it ; and on which the thing is recover ed, with damages forthe wrong sustained ; sucliis an action of waste, sued against a tenant for life, the place wasted being re coverable, with treble damages for the wrong done.