[Vocabularius utriusque iuris]

But an exercitor shipowner is called he to whom the daily revenues or the returned profits and the utilities of the ship come and pertain, as in the same law, paragraph "The exercitor", whether he be the true owner of the ship or whether he hired it from the owner of the ship for a time or in perpetuity, as is said there.

¶ Estimation action or actio aestimatoria valuation action, i.e., an action with prescribed words, is thus known as an action which is proposed from an estimate for the sake of removing doubt when an estimated thing is given to be sold; for it was doubted whether the action is from sale, or from hire, or from contract, or mandate, as if I give my thing to you and I estimate it to be sold for 10, and from there you return 10 to me, or the thing, as is noted in Digest On the estimation action, in the rubric, law 1, and Institutes On actions, paragraph "Of actions".

¶ Action from a testament not only competes to the written heir to seek the inheritance, but also against the written heir for legatees and beneficiaries of a trust. Code On common legacies and trust beneficiaries, law 1. And it tastes of the nature of an action of good faith. Digest On legacies, law "To plow". However, Bartolus says that it is of strict law stricti iuris strict law since it is not numbered among the actions of good faith in paragraph "Of actions" of the Institutes, as he himself notes in law "Of this kind", paragraph "Edict", Digest On legacies.

¶ Action for partitioning an inheritance actio familiae herciscundae action to divide family inheritance competes between those who have an inheritance to be divided. Digest On family inheritance, law 1 and 2. And it is called familiae herciscundae, i.e., of inheritance to be divided, according to Azo in his summary, as noted in Digest On the same, in the rubric. But the name "family" is sometimes put for lineage, as when it is said those are of the family of the father. And sometimes for servitude and power, as when it is said "father of the family", "son of the family". Here it is for substance and inheritance, as in Code On the meaning of words, law "If". But "herciscere" is a Greek word meaning the same as "to divide", hence "herciscunde", i.e., in dividing, note the gloss in Digest On the same, in the rubric. And he uses this word just as we find among the ancients who pronounced their gerunds in "o", as "legundo", "audiundo", "dividundo", "herciscundo", according to Azo in his summary. And thus also today we can say "familiae herciscunde" for "familiae herciscende".

¶ Fabian and Paulian actions are held to be around the calumnious action.

¶ Action for fixing boundaries actio finium regundorum action for boundary adjustment competes for boundaries to distinguish or to judge, Digest On the same, law 1, paragraph "The judge with", with the following law, between those who have adjacent fields or estates, Institutes On actions, paragraph "Item for fixing boundaries", and it has a place in rustic estates only, Digest On the same, law 2, and not in urban ones. For urban estates are not adjacent but neighboring, because they are accustomed to be distinguished by walls. Here we call adjacent those that are very near, so that no wall is placed in the middle between them, Digest On the same, law "But also of places", paragraph "In the judgment", with the notes there. Urban estates are called all estates that have buildings, even if they are in the country; the place does not make it an urban estate, but the material [and] also the purpose of dwelling. Whence if in the city a building is made not for the purpose of dwelling but for the sake of storing fruits, it will be called a rustic estate. But also orchards constituted in buildings, unless a plot without rent of perhaps a vineyard and thus others are contained in the appellation of urban estates, Digest On the meaning of words, law "Urban". But rustic estates are called fields not having buildings. And if it is contended between you and me who act for fixing boundaries that a public way or public space intervenes, this action has no place, because it is not understood to be adjacent; it is otherwise if a private stream has intervened, for which one can act for fixing boundaries against the owner of the stream, Digest On the same, law "But also of places", paragraph "If", with the following law, and note there. This action is double because each is both plaintiff and defendant, regarding proof from letters, Digest On the same, law "The judgment for common dividing and family partitioning". And law "Between co-heirs", paragraph "If family", Digest On the same. Also it is mixed because it is in rem and in personam, Institutes On actions, paragraph "Some therefore", and paragraph "Item for fixing boundaries".

¶ Funerary action is given against the heir of the goods or the possessor, Digest On religious and funeral expenses, law "And if anyone", paragraph at the end, and it is given to him who buried [the deceased], not as the heir of the deceased, but for the sake of piety, Digest On the same, law "He sometimes", and paragraph "If anyone", with the notes there. For by this action, the expenses made there by the person burying him are sought to be recovered.

¶ Action for manifest theft, according to Azo, has a place when the thief holding the thing has been seen or apprehended, whether in public or in private, or by the owner or another before he arrives at the place where...