DEDU´CTIO
DEDU´CTIO,
DEDUCTOR. Some technical
senses of
deducere and its derivatives may here
be noticed. The verb means mostly (i.) to conduct or escort in a
complimentary or ceremonious manner, or (ii.) to lead a person away,
withdraw (e. g. a garrison), or “show the way
[p. 1.609]out.” In the former sense we get (1) “deductio sponsae in
domum mariti” (
Dig. 23,
2,
5); (2) the
deductio of a candidate by his friends, hence called
deductores (Q.
Cic.
de Pet. Cons. 9;
Plin. Ep. 4.17;
AMBITUS); (3) the solemn founding of a colony [
COLONIA p. 4795
b]. From the latter come the law-terms
deducere,
“to eject from land,”
deductio,
“ejectment,” with a view to try the question of ownership. The
act is thus explained by Savigny (
Verm. Schriften, 1.299, ap.
Long,
Cicero, 2.148): “It was part of the
form of many disputes about property in land, that both parties should
meet on the land on some day on which they agreed, and that the one
should put the other out,--that is, should eject him with the appearance
of force; and so the whole transaction was named a conventional
violence,
ex conventu vim fieri”
(Cic.
pro Caecin. 8.22). This was called
deductio quae moribus fit, as distinguished
from
deductio vi solida (
Gel. 20.10.10), when real force was used:
“constituere quo die in rem praesentem veniretur, ut de fundo
Caecina moribus deduceretur” (Cic. ib. 7.20). Gellius (
l.c.) calls it “vis civilis et
festucaria,” i. e. controlled by the praetor's rod (
festuca). It did not matter which of the two parties
was formally ejected by the other; the ground for an action at law would be
equally gained (Cic.
pro Tull. § 20). This took the
place of an earlier formula,
ex jure manum
consertum [supine]
vocare. [
ACTIO p. 15
a;
VINDICATIO]
[
W.W]
