FREE BOOKS

Author's List




PREV.   NEXT  
|<   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189  
190   191   192   193   194   195   196   197   198   >>  
giving of money in order to induce one man to bring a vexatious suit against another, or to desist from a suit when brought. Under our constitution too a statutory condiction lies for the recovery of fourfold damages from officers of the court, who exact money from defendants in excess of its provisions. 26 There is this difference between the actions on simple theft and for the corruption of a slave, and the other of which we spoke in connexion with them, that by the two former double damages are recoverable under any circumstances; the latter, namely the action on unlawful damage under the lex Aquilia, and that on certain kinds of deposit, entail double damages on the defendant only if he denies his liability; if he admits it, simple damages alone can be recovered. The damages are double under an action for recovery of legacies left to religious places not only when the liability is denied, but also when the defendant delays payment until sued by the order of a magistrate; if he admits his liability, and pays before being so sued, he cannot be compelled to pay more than the original debt. 27 The action on intimidation also differs from the others which we mentioned in the same connexion, in that it contains in its very nature an implied condition that the defendant is entitled to acquittal if, on being so ordered by the judge, he restores to the plaintiff the property of which the latter has been deprived. In other actions of the same class this is not so; for instance, in the action on theft detected in the commission, the defendant has under any circumstances to pay fourfold damages. 28 Again, some actions are equitable, others are actions of strict law. To the former class belong the actions on sale, hire, unauthorised agency, agency proper, deposit, partnership, guardianship, loan for use, mortgage, division of a 'family,' partition of joint property, those on the innominate contracts of sale by commission and exchange, and the suit for recovery of an inheritance. Until quite recently it was a moot point whether the lastnamed was properly an equitable action, but our constitution has definitely decided the question in the affirmative. 29 Formerly too the action for the recovery of a dowry was an equitable action: but as we found that the action on stipulation was more convenient, we have, while establishing many distinctions, attached all the advantages which the former remedy possessed to the action on st
PREV.   NEXT  
|<   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189  
190   191   192   193   194   195   196   197   198   >>  



Top keywords:

action

 

damages

 

actions

 
recovery
 
defendant
 

liability

 

equitable

 
double
 

deposit

 

circumstances


property

 

commission

 

agency

 
connexion
 

admits

 

simple

 

fourfold

 
constitution
 

partition

 
proper

unauthorised

 
partnership
 

division

 

mortgage

 
family
 

guardianship

 

instance

 

deprived

 

plaintiff

 

vexatious


detected

 

strict

 

induce

 

belong

 
inheritance
 

convenient

 
stipulation
 
establishing
 
remedy
 

possessed


advantages

 

distinctions

 

attached

 
Formerly
 

recently

 

giving

 

restores

 
contracts
 

exchange

 
decided