FREE BOOKS

Author's List




PREV.   NEXT  
|<   164   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   >>  
he value of the original claim. 20 Some actions are mixed in a different sense, being partly real, partly personal. They are exemplified by the action for the division of a 'family,' by which one of two or more joint heirs can enforce against the other or rest a partition of the inheritance, and by the actions for the division of common property, and for rectification of boundaries between adjoining landed proprietors. In these three actions the judge has power, according as shall to him seem fair and equitable, to adjudge any part of the joint property, or of the land in dispute, to any one of the parties, and to order any one of them who seems to have an undue advantage in the partition or rectification to pay a certain sum of money to the other or the rest as compensation. 21 The damages recoverable in an action may be either once, twice, three, or four times the value of the plaintiff's original interest; there is no action by which more than fourfold damages can be claimed. 22 Single damages only are recoverable in the actions on stipulation, loan for consumption, sale, hire, agency, and many others besides. 23 Actions claiming double damages are exemplified by those on simple theft, on unlawful damage under the lex Aquilia, on certain kinds of deposit, and for corruption of a slave, which lies against any one by whose instigation and advice another man's slave runs away, or becomes disobedient to his master, or takes to dissolute habits, or becomes worse in any way whatsoever, and in which the value of property which the runaway slave has carried off is taken into account. Finally, as we remarked above, the action for the recovery of legacies left to places of religion is of this character. 24 An action for triple damages is grounded when a plaintiff makes an overstatement of his claim in the writ of summons, in consequence of which the officers of the court take too large a fee from the defendant. In such a case the latter will be able to recover from the plaintiff three times the loss which he sustains by the overcharge, including in these damages simple compensation for the sum paid in excess of the proper fee. This is provided by a distinguished constitution in our Code, under which a statutory condiction clearly lies for the damages in question. 25 Quadruple damages are recoverable by the action on theft detected in the commission, by the action on intimidation, and by the action grounded on the
PREV.   NEXT  
|<   164   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

 
plaintiff
 
recoverable
 

property

 

rectification

 

compensation

 
grounded
 
original

exemplified
 

division

 

partly

 

simple

 

partition

 

legacies

 

places

 

instigation

 
religion
 
advice

recovery

 

Finally

 

character

 

whatsoever

 

habits

 

master

 
dissolute
 
runaway
 

carried

 
disobedient

remarked

 
account
 

consequence

 
proper
 
intimidation
 

provided

 
excess
 

sustains

 

overcharge

 
including

distinguished

 

constitution

 

statutory

 

condiction

 

question

 

Quadruple

 
detected
 

commission

 

recover

 

summons