What is ACTON BURNEL, STATUTE OF? Definition of ACTON BURNEL, STATUTE OF in Black's Law Dictionary
In English Law
A statute, otherwise called Statutum Mercatorum or de Mercatoribus the statute of the merchants, made at a parliament held at the castle or village of Acton Burnel in Shropshire, in the 11th year of the reign of Edward I. 2 Reeves, Eng. Law, 158-162. It was a statute for the collection of debts, the earliest of its class, being enacted in 1283. A further statute for the same object, and known as De Mercatoribus, was enacted 13 Edw. (c. 3.). See Statute Merchant.
Old European Law
A patron, proctor, advocate, or pleader; one who acted for another in legal matters; one who represented a party and managed his cause. An attorney, bailiff, or steward; one who managed or acted for another. The Scotch "doer" is the literal translation.
Roman Law
One who acted for another; one who attended to another's business; a manager or agent. A slave who attended to, transacted, or superintended his master's business or affairs, received and paid out moneys, and kept accounts. Burrill.
The word has a variety of closely-related meanings, very nearly corresponding with manager. Thus, actor domince, manager of his master's farm; actor ecclesice, manager of church property; actores provinciarum, taxgatherers, treasurers, and managers of the public debt.
Actor ecclesice.—An advocate for a church; one who protects the temporal interests of a church. Actor villce was the steward or head-bailiff of a town or village. Cowell.
Plaintiff or complainant. In a civil or private action the plaintiff was often called by the Romans "petitor;" in a public action (causa publica) he was called "accusator." The defendant was called "revs," both in private and public causes; this term, however, according to Cicero, ( De Orat 43,) might signify either party, as indeed we might conclude from the word itself. In a private action, the defendant was often called "adversarius," but either party might be called so.
Also, the term is used of a party who, for the time baing, sustains the burden of proof, or has the initiative in the suit.
Actor qui contra regulam quid adduxit, non est audiendus. A plaintiff (or pleader) is not to be heard who has advanced anything against authority, (or against the rule.)
Actor sequitur forum rei. According as rei is intended as the genitive of res, a thing, or reus, a defendant, this phrase means: The plaintiff follows the forum of the property in suit, or the forum of the defendant's residence. Branch, Max. 4. Home, Law Tr. 232; Story, Confl.L. § 325 k; 2 Kent 462.
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