In certain cases a witness is not compelled to answer, if by so doing he would incriminate himself. (See Max. No. 171.)
* 4. Acta exteriora indicant interiora secreta. Overt acts make known latent thoughts, or Acts indicate the intention.
Where an authority given by law is abused, the person becomes a trespasser ab initio, but not so if authority be given by party, or in cases of mere non-feasance. (Six Carpenters’ Case, 1 Smith, L. C. 11th ed. p. 132.)
* 5. Actio personalis moritur cum personâ. A personal action dies with the person.
In actions of tort this was formerly a general rule, but recently its application has been so generally narrowed that it probably affects only actions for libel and slander. By Lord Campbell’s Act, 9 & 10 Vict. c. 93, compensation may, however, now be recovered by the relatives of a person negligently killed. Compensation may also be recovered in some cases of trespass. (See Chitty, 16th ed. p. 347.)
6. Actus curiae neminem gravabit. The act of the Court shall prejudice no man.
(Cumber v. Wane, 1 Sm. L. C. 11th ed. p. 338.)
* 7. Actus Dei nemini facit injuriam. The act of God causes injury to no one.
Storms, tempests, and the like, are acts of God, being inevitable accidents not caused by man.
8. Actus me invito, non est meus actus. An involuntary act is not one’s own act, i.e., an act done against one’s will is not such person’s act.