F 468 FACIES

F.
F. In ol d Engllsh criminal law, this let· FABULA. In old European law. Aeon·
ter was bran d ed upon felous upon their be. tract or forwal agr e ement; but particularly
log admitted to clergy; as also upon those used in the Lombardic and Vi s ig ot hlc law!!
con vict ed of Og h t s or frays. or ot falsity. to den ote a ma rria ge contract or a will.
jacob; Cowell ; 2 Reeve, Eng. Law , 392; 4
Reeve. Eng. La w. 485. FAC SIMILE. An exact copy, pressrv..
fng all the marks of the orig inal.
F. O. B . Fr ee on board. A t erm fre­
que ntly inserted, in England. in contracts for FAC SIMILE PROBATE. In England,

the sale of goods to be con veyed by ship, where the construction o f a will may be af­

meaning that tho cost of shipping will be fected by the appeilrance of the original pa­

paid by the buy er. \Vben goods are so sold p er. the court will order the p robate to pass

in London the b u yer is considered as the

in faa simile. as it may possibly belp to show

sh ipper, and the goods when shipp ed are at the meaning of th e testator. 1 Williams,
Ex'rs, (7th Ed. ) 331, 886, 566.
his risk. Wharton.
FACE. The taceof an Instrument is that
FABRIC LANDS. In Eng lish law.
which is shown by the mel'e lang uage em.
Lands given towards the maintenance, r e ­
played. without any expla nation , modifica­
Duild i ng. or r ep ai ring of cat l/ e dral and o th er
tion, or addition from extrinsic fact s or evi­
churcbes. Cowell; Blount.
d e nce. Thus, if the express terma of the
FABRICA. In old English law. Th e paper disclose a fatal legal defect. it is said
making or coin in g of money. to be " void on its face."
Regarded as an evidence of debt. the face
FABRICARE. Lat. To make, Used
of an i ns tr u m ent is the pr i ncipa l sum which
in old English law of a law ful coin in g. and
it expresses to be due or paya bl e. without
also of an unlawful maki ng or counterfeiting
any add it ion s in the way of interest or costs.
of coin. See 1 Sa lle 342.
Thus. the expression "the face of a j udg­
FABRICATE. To fabricate evidence is ment" mean s the sum for which the judg·
to arrange or manufacture circulTlstances or ment was rendered. el(cluding Ule interes t
'indicia, after t h e fact committed, w ith tho accrued thereon. 32 Iowa. 265.
purpose of using them as evidence, and vf
F-\'CERE. Lat. Todo; to make. Thu�
deceitfully making them appear as if acci­
facere defaltam. to m ai< e default; facera
d en tal or u nd e si gn ed ; to devi se falsely or
duellwn. t o make the duel.01' ma ke or do bat­
contrive by artifice with the intention to de­
tle; facere finem, to m ar e or puy a fine;
l
ceive. Such evid ence may be wholly forged
facere one's law; fac�TI
legem, to make
and artificial, or it may co n sist in so w arp i ng
sacramentum, to make oath.
and distorting real facts as to create an euo­
neous imp re s si on in the mi nds of those who FACIAS. That you canse. O ccurring ln
ob s erve them and then presenting such im­ the phras e s "scire faci.as," (that you calise
pression as tru e and genuine. to know . ) ".fieri facias." (that y ou cause to
'be made.) etc .
FABRICATED EVIDENCE. Evi de nce
manufactured or arr anged after tlle fact, and FACIENDO. In d oing or paying; in
either wbolly fa ls e or else warped and dis­ Bome activi ty .
colored by artifice and contrivance with a de­
FACIES. La.t. The face or countenance;
ceitful intent. See FABRICATE.
the exterior appearance or Yiew; hence, con­
FABRICATED FACT. In the law 01 templation. or stu dy o[ a thing 011 its external
e...ldence. A fact ex ist i ng only in s tateme nt. o r ap pare nt side. Thus, pl' imaj' acie means
without any f oun dati o n in truth. A n actua l at the first inspection. au a pr eliminary or
or genu ine fact to which a false appearance exterior scrutiny . When w e sp eak of a
has been de sig nedly given; a physical Object "pl'imafacie c ase, " we Ille an one which. on
placed In a false connection with an ot he r , or its own showing, on a. Ilrst exa mination . or
'fI.'i th a person on w hom it is d es igned Lo cast without inve stig ati ng any all eged defenses,
auspi ciou. See FABlUCA'l'E. is apparently good and maintainable.
 FACILE 469 FACTO

FACILE. In Scotch law. E asily per­ fact iR appointed by the wri tte n nuthllrlza­
luadEKI; easily im po sed upon. Bell Lion of a pr i nci pal t.o m,lIIage uusiness a tTa in
us u al1y not prof essi on a l. Fraud t"fact can·
FACILITIES. This name was fo rmerl y
si sts ill an actual intent.ion to defraud, car­
gi ven to c ertai n Dotes of sume of the banks
ried into effect; while fraud imputed by law
in th e state of Connecticut, which were made
aris es from the man's con d uct in its neces­
payabl e in two y ears after the close of the
sary rel ati ons a nd co ns equen ces.
..., of 1812. 14 Mas •. 322_
The word is much used in phrases which con·
FACILITY. III Scotch la... Pli ancy of trast it with law.
Law is a principle; fact is an
disposition. Bell. event. Law is conceived; fact is actual. Law is
a rule of duty i fact is that which ha.s been accord­
FacinuB quos inquinat requilt. Guilt; ing to or in oontravention of the rule. Tbe di&­
makes equal those whom it sta.ins. tinction is well illustrated in the rule that the ex·
is'[ence ot foreign laws is matter of fact. Within
FACIO UT DES. (Lat. I do that yon tbe territory of its jurisdiction, la.w operattas as an

may gi ve. ) .A sp ec ies of con trac t in the obligatory rule which judges must recognize and
enforce; but, in a. tribunal outside that jurisdic­
eivil law ( being one of the innominate con­
tion, it loses its obligatory force a.nd its clnlm to
tracts) wbich occurs when a man agrees to judicial notice. The fact that it exists, if impor.
perform a ny thing either specific­
for a pdce tant to the rights of parties, must be alleged and

ally m enti oned or left to the determination proved the same as the actua.l existence of &ny oth·
er institution. Abbott.
of til£" law to set a value on it; as w hen a
servant hires himself to hi s m:lster for cer· The term s "fact" and "truth" Rre otten

tain wages or an agreed sum at. money . 2 u s ed In common parl ance as sy nonymous,
Bl. Co mm . 445. but, as employed in reference to plead i ng.
they are widely d i fferen t. A fact in plead­
FACro UT FACIAS. (Lat. I do lhat ing is a circumstance, act, event. or inCident;
you may dO. ) A. species of co n t ract in the
a truth is the legal pri nc ipl e which d ecla res
civiJlaw (being one of the innominate co n ­ or governs the facLs and their op er ati ve ef­
tracts) which occurs when I agree with a fect. Ad mi tti ng the facts state d in a com­
man to do his work for him if he will do
pl aint, the truth may be that the plaintiff is
Dline for mej or if two p ersons agreld to mar­
not entitled, upon tbe face of his complaint, G
ry together . or to do any other p os it i ve act! to w hat he claims. The mode in which a
on both side s j or it may be to forbear on one defendant sets up that truth for his protec­
side in consideration of some thin g done on tion is a d em u rr er.
4 E. D. Smith. 37.
tbe other. 2 BI. Comm. 444. As to the classification of facts, see DIS-
FACT. A thing done; an nction per­ POSI'fIVE FACTS. H
formed or a n i nc ident transpiring; an event FACTA. In old Englis h law. Deeds.
or circumstance; an actual occurrence. Facta armorum, d ee ds or fc ats of arms; that
In the e ar H er days of the law "fact" was is. jousts or tournaments. Cowell.
used almost ex cl usi ve l y in the sense of "ac­ Fact.s. Facta et casus, facts and cases. I
tio n " or "deed;" but, a lthough this usage
Bract. tol. lb.
survives, in some such ph ras e s as "aeces sary
birore the fact," it has now ac quired the Facta Bunt potentiora verbis. Deeds
broader meaning givun ab o ve. are more po werful than words.
A fact, is either & sta.te of things, that is, an ex­
J
Facta tenent multa qure flar! prohl·
Istence, or a motion, that is, an event.. 1 Benth.
Jud. Ev. is. bentur. 12 Coke, 124. Deeds co nt a.i n many

In the law of evidence. A circumstance.

th ings which afe pro hi bited to be done .
event, or occurrence as it a c tu all y takes or
took pla ce ; a p hy sic al object or appearance,
FACTIO TESTAMENTI. In the civil K
law. The right, power, or capacity of mak­
as i t nctuallyexists or exieted. An ac tual
i ng a w ill ; called "factio aeUca. II lost. 2.
and absolute rea l ity , as distinguished from
10.6.
mere s L lppos i t io n or opi n ion ; a truth, as dis·
The right or capaci ty of ta kin g by willi
t! n gui sh �d from fi ction or error. Burrill,
called "faetto passiva." lnst . 2. 10, 6. l
Circ_ Ev. 218.
UFact" is very f reque n tly used in opposi. FACTO. In fact; by an act : by the act
tion or contrast to "law." Thus, questio ns or fact. Ipso facto. by the Mt itself; by the
ofjact a re for the jury; questions of law for mere effect of a fact, wi th out anything su­
tile court. So an attorney at law is an of- pera dded, or any procel'd ing upon it to givi M
6(.;er of the courts of jus tice; an a ttor n eyin it effect. S Kent. Comm. 55. 58.
 FACTOR 470 FACTUM

.F A C T 0 R. A commercial agent, em� er is used to move or work any machinery

played by a principal to sell merchandise employed in preparing, manufacturing, or fin­
eonsigned to him tor that purpose, for and ishing cotton, wool, hair, silk. flax, hemp,
in bellalf of the principal, but usually in his jutE', or tow. So defined by the statute 7
own name, being intrusted with the posses­ Viet. e.15. § 73. By later act. this definition
sion and control of the goods, and being r� bas b�en extended to various other manu­
munerated by a commission, commonly called factnring places. Mozley &; Whitley.
"factorage. " Also a place where a considerable number
A factor is ab agent who, in the pursuit of factors reside. in order to negoUate for
of an independent calling, fs employed by an· their masters or emp10yers. Ene. Brit.
other to sell property for him, and is vested In American law. The wonl "factory"
by the latter with the possession or control does not neccssariIy mean a single building
of the property, or autborizedto receive pay­ or edifice, but may apply to several, where
ment therefor from the purchaser. Civil they are used in connection with each other,
Code Cal. § 2026; Civil Code Dak. § 1168. for a common purpose, and stand together In
When the agent accompanies the ship, taking a the same inclosure. 45 Ill. 303.
cargo aboard, aDd it ls consigned to him for sale,
and he is to purcbase a return oargo out of the
In Sc ot ch law. This name is given to a
proceeda. such ag�nt is property called 0. "factor. " species of contract or employment which falls
He is, however, usually kllowll by the Ilame of Do unde r tl1e genera1 designation of U agency,"
jlsuperca.rgo." Hellw. Lex. Merc. 44, 4.7; Liverm.
but which partakes Loth of the nature of a
Ag. 69, 70; 1 Domo.t., b. 1, t. 16, S 3, art. 2.
mandate and of a bailment of the kind called
Factore are called "domestic" or"foreign," ,. locatio ad operandum." 1 Dell, Comm •
•
according as they reside in Lhe same country 259.
with the princ'ipal or in a different country_
A "factor" is disiinglli!:lhed a il'om " FACTORY PRICES." The prices at
IIbl'okel''' by beiug intrusted with the posses­ which goods may be bought at the factories,
Sion, management, and control of the goods, as distinguished from the pl'ices of goods
and by bei ng authorized to buy �tnd sell in bought in the market after they have passed
his own name, as well as in that of his prin­ into the hands of third persolls or shop-keep­
cipal. H.uss. Fact. 4; St ory ..Ag. § 33; 2
•
ers. 2 Mason. 90.
Steph. Comm. 127; 2 B arn. & Ald. 137.143;
Facts c annot lie. 18 How. Sta� Tr.
2 Kent, Comm. 622, note.
1187; 17 How. State Tr. 1430.
The term is used in some of the slates to
denote the person who is e1sewhere called FACTUM. Lat. In old English law.
IIgarnishee" or "tl'ustee." See FACTORIZ­ A deed; a person's act and deed; anything
ING PUOOESS. stated or made certain; a sealed instrumentj
The aUowance or com­ a deed of can veyance.
FACTORAGE.
mission paid to a factor by his principal. A fact; a circumstance; particularly a fact
Russ. Fact. 1 j Tomlins. in evidence. Bract. fol. lb.
In testamentary law. The execution or
FACTORIZING PROCESS. In Ameri­
due ex:ecution of a will. Thefactum of an
can law. A process by which the efTects of
instrument means not barely the signing ot
a debtor are attached in tho hands of a third
it, and the formal publication or delivery,
person. A term peculiar to the practice in
but proof that the party well knew and un­
Vermont and Connecticut. Otherwise termed
derstood the contents thereof. and did give,
"trustee process" and "garnishment."
will, dispose, and do, in all tllings, 815 in the
Drake. Attaehm. § 45l.
said will is contained. 11 How. 354.
FACTORS' ACTS. The name given to In the c ivil law. Factj & fac t; a mat­
.everal English statutes (6 Geo. IV. c.94j ter of fact. as distinguished from a matter ot
fi & 6 Viet. e. 39; 40 & 41 Viet. e. 39) by Jaw. Dig. 41, 2, 1, 3.
which a factor is enabled to make a valid
In French law. A memoir which con­
pledge of the good s, or of any part thereof,
tains concisely set down the fact on which 8
to one who believes him to be tho bona fide
contest has happened, the means on which e
owner of the goods.
party founds his pretenSions, with the refu­
F A C T O R Y. The
In English la.w. tation of the means of the adverse party.
term includes all buildings and premises Vicat.
wherein, or within the close or curtilage of In old European law. A portion or al­
which, steam, water, or any mechanical pow- lotment of land. Spelman.
 FACTUM A JUDlCE QUOD, ETC. 471 FAILING OF RECORD

Factum a. judice quod ad ejus om� In Scotch law. A power founded on

cium non spectat non ratum est. An consent, as distinguished from a power
action at a judge which relales not to his of­ founded on property. 2 Kame" Eq. 265.
nee is ot no torce. Dig. 50,17, 170; 10 Coke,
FACULTY OF A COLLEGE. Tbo
76.
corps of professors, instructors, tutors, and
Factum ouique suum non adversario, lecturers. To be distinguished from the
nocera dabet.Dig . 50, 17, 155. A party'. board of trustees, who constitute the corpo­
own dCt .bould prejudice himself, not his ad­ ration.
versary.
FACULTY OF ADVOCATES. Tbe
Factum infectum fieri nequit. A thing COl lege or society of advocates in Scotland.
done cannot be undone. 1 Kames, Eq. 96,
FADERFIUM. In old E ng lish law. A
259.
marriage gift
coming from the father or
FACTUM JURIDICUM. A Juridical brother of the bride.
fact. Denotes one of the factors or ele­
ments constituti ng all obligat ion.
FlEDER-FEOH. In old English law .
TIle por ti on brought by a wife tu her hus­
Factum negantis nulla. probatio sit. band, and wbich reverted to a widow, in case
23. There \s no proof incumbent
Cod. 4, 19. Lhe heir of her deceased husband refused his
upon him who denies 8 fact. consent to her seco n d m ar riage ; i. e., it re­
II
Factum" non dicitur quod non per. verted Lo her family in case sbe returned to

severat. 5 Coke. 96. That is not called a tbem. 'Vharton.

"deed" which does not continue operative. FlESTING-MEN. Approved men who

FACTUM PROBANDUM. Lat. In were strong-armed; habentes homtnes or

the la w of evidence.
The fact to be proved; rich men, men of substance; pledges 01' uonds�
a fact which is in issue, and to which evidence Olen, who, by Saxon custom, were bound
to answer for each otber's good behavior.
is to be directed. 1 Green!. Nv. § la.
Cowell; Du Cange_
probat i ve or
G
FACTUM PROBANS. A
evidentiHry fact ; a subsidiary or connected FAGGOT. A badge worn in popish times
tact tending to prove the principa.l fact in by persons wbo had recanted and abjured
issue; a piece of circumstantial evidence. what was then adjudged to be heresy, as an
emble m of what they had merited. Cowell.
Factum uniuB alteri n oceri n on debet.
Co. Lilt. 152. The deed of one should not FAGGOT VOTES. A f aggot vote i, H
burt another. wbere a man is formally possessed of a ri ght
to vote for members of parli ament, without
Faoultas probationum non est angus­ possessing the substance which the vote

I
muds. The power of proofs [right of offer­ should represent; as if he is enabled to buy
Ing or giving te s ti mony] is not to be nar­
a property, and at tbe same moment mort�
rowed. 4 Inst. 279.
gage it to its full value fOl" the mere sake of
FACULTIES, COURT OF. In En g lish the vote. :::i uch a v ote is called a "faggot
ecclesiastical law . A jurisdiction or t ribunal vote." See7 &8 Wm. III. c .25, §7. W�al'-
belonging to the archbishop. It does not ton.
J
bold pleas in any suits, but creates r ig hts to
FAIDA. In Saxon law. Malice; open
pews, monuments, and partICular places, and
and de1ldly hostility; deadly feud. The word
modes of Imrial. It has also various powers designated the enmity between the family of
un der 25 Hen. VIII. c. 21, In granting li­
censes of different descriptions, as a li c en se
a murdered man and that of his mllrderer,
which was recognized, among the Teutonic
K
to marry, a faculty to erect an organ in a
peoples, as justification for vengeanctl talten
parish church, to level a cburcb-yard, to re­ by anyone of the former upon anyone of the
move bodies previously buried. 4 Lnst. 337.
latt er.
FACULTY. In ecclesiastical law. A FAIL. T he difference between "fail" aDd L
license or authority; a privilege granted by
"refuse" is that the lat ter involves an act of
the ordinary to a man by favor and indul­
the will. w hile tbe former may be an act of
gence to do that which by law he may not
inevitable necessity. 9 "\V l1e at . 344.
do; e. g., to marry without banns, to err.ct a
monument in a church, etc. Termes de la FAILING OF RECORD. When an M
Ley. action is
brought against a person who alleges
 FAILLITE 472 FAIR PLEADER

to his pIca matter of record in bar ot tbe no-­ nite failure of issue is voId tor remoteness. and

tioD, and avers to prove it by the record, but hence courts are astute to devise some construo­
tion which shall rostrain the tailure of i85UO to tho
the plaintiff sHitb nul tiel 1'ecord. viz., de.
term of limitation allowed. 40 Pa.. St.. 18 i i Redf.
niPS there is any such record, upon which the Wills, 276, note.
defendant has a day given him by the court
to bring it in, if he fail to do it. then be is FAILURE OF JUSTICE. Tbe deleat
said to fail of. his record, and the plaintiff i s of li partioular right, or the failure of repa­

e nt illed to sign judgment. Tcrmc8 d o In ration for a particular wrong, from the lack
of a legal remedy for the enforcement ot �1l6
Lay.
one or the redress of the other.
FAILLITE. In Frencb law. Bankrupt,.
CYi failure; the situation of a debtor wbo FAILURE O F RECORD. Failllre o!
finds himself II nable to fulfill his engage­ the defendant to prod u ce a record which be
ments. Code de Com. arts. 442, 580; Civil bas alleged and reliea on in his plea.
Cod. La. art. 3522.
FAILURE OF TITLE. Tb. inability
FAILURE. In legal parlance, the neg­ or failure of a vendor to make good title to
if'ct of any duty may be described as a "fail­ the whole or a part of the property which he
ure." But in the language of Lhe business bas contracted to sell.

world this term, applied to a merchan t or FAILURE OF TRUST. Th. lapsing

mercantile concern, means an inability to pay
or non.efficiency of a proposed trust. by rca.
his or their debts. from iusolvency, and the son of the defect or insutliciency ot the deed
word must be regarded as synonymous with or instrument creating it, or on accollnt of
"insolvency." 1 Hice, 140. illegality, indefiniteness, or other legal im­
According to other authorities, "faUure." pediment.
in tilia sense, means a failure to meet curren t
obligations at maturity. Insolvency looks FAINT (or FEIGNED) ACTION. In
to the ability to pay; failure to the fact of old English practice. An action was so

payment. Failure is the outward act which called where the party bringing it bad no

stands for eviuence of insolvency. 13 S. C. title to recover, although the words of the

226. Se., also, 10 Blatchf. 256; 24 Conn. writ were truei a false action was properly

310. where the words of the writ. were false. Litt.

§ 689; Co. LiLt. 361-
F A I LUR E OF CONSIDERATION.
The want or failure of a consideration suffi­ F A I N T PLEADER. A fraudulent,
cient to support a Bote. contract, or convey. false, or collusi ve manner of pleading to the
ance. It may be either partial or entire. deception of a third person.

FAILURE OF EVIDENCE. Judi­ FAIR, fl.. In English Jaw. A greater

cially speaking, a total "failure ot evidence" species of market; a privileged market. It
means not only the utt(>.r alJsence of all evi. is an incorporeal hereditament, granted by
dence. but it also means a failurA to offer royal patent, or established. by prescription
proof, either positive or inferential, to estab . presupposing a grant from the crown,
Iish one or more of thfl many facts, the estab­ In the earlier English law, t.he franchise to hold
lishment of all of Willcll is indispensable to n fair conferred certain important privileges i and
fairs, as legally recognized institutions, possessed
the finding of the issue for the plaintiff. 7
distinctive legal characteristics. Most of these
Gill & J. 28. privileges and characteristics, however, are now
obsolete. In AmOl'ica, fairs, in the ancient tech·
FAILURE OF ISSUE. The failure at
nical sense, are unknown, and, in the modern
a fixed time. or the total extinction, of issue and popular sense, they are entirely voluntary and
to take an estate limited over by an executory Don-legal, and transactions ariSing in or in con­
nection with them arc subjeot to the ordinary rules
devise.
governing sales, etc.
A definite tailure ot issue is when a p recise time
Is fixed by the will for the failure of issue, as in FAIR, add. Justjequitable; even.bandedi
the cuse where there is a deviso to one, but If he
cquul, as b etw een co nflicting iuterests.
dies without iSf>uO or lawful issue living at lobe
time of his death, etc. An indeJiuito failure ot
FAIR-PLAY MEN. A local irregUlar
issue is the period whew the issue or descendants
at the first. �ker shall become extinct., ond when
tribunal which existed in Pennsylvania about
there is no longer any issue of the issue of the the year 17ti9. as to which see Sergo Land
grantee, without reference to any particular time La ws Pa .. 77j 2 .:Smith, Laws Pa. 195.
or any particular event.. 50 Ind. 546.
AU executory devise to take effect ou au inde.fl- FAIR PLEADER. See DEAU1'LEADER.
 FAIRLY (73 FALDWOHTH

F A IRL Y. u g tl
J stl y ; r i b y ; e qu itabl y. FALCIDIAN LAW. In Roman aw. A
l
With aabetantial corre t ness. c law on the
su je b ct
ot test.:'lmentary disposi­
"Fairly" is nOt. synonymous \vlth IoItMlly," and tion, enacte d by the people in the year of
-truly" should Dot be substituted for it in a com­ Rome 714, on the propOSition of the tri bu n e
missiOller'b oath to take testimony fairly. Lan­ Falcidiu8. By this law, thetesta&or's right
to burden his estate 'yith l e gac ies was sub­
guagemuy be truly. yet unfairly. reported; that is,
ID ao.wer may be truly written down, yet in a
manner conveying a different meaning from that jected Lo an important rest riction. It pre­
Intended and conveyed. And lsoguage may be scribed that DO one could beque<lth more than
fairly repol'te.:l, yet Dot in accordance with stri ct three-foll rtha ot' his property in legacies, an d
...111. 17 N. J. EQ,. 23<. that the heir should have at least one-fourth
FAIT. L Fr. Anytblng done. A deed; of the estate, a.nd that, s houl d t he te s tator

acti fact. v iolat e this pl'es cript, the heir may ha.ve the

A deed lawfn lly executed. Com. Dig. right to make a proportional de duction from

Feme de fait. .A. wife def<U!to. each lega teo 50 far as necessary. Mackeld.
,

Rom. Law. � 771; lnst. 2. 22.

FAIT ENROLLE. rl
A deed e n o led 811 .

• bar ai g n nnd sale of freebo�d8. 1 Keb. 568. FALCIDIAN PORTION. Thnt por­
tion of a testator'! {'state which, by the Fa1-
FAIT JURIDIQUE. In Fre ncb law. cidian law. was required to be left to the
A. Juridical fact. ODe of the factors or ale­ heir. amou nt i ng to at least one-fourth.
lIIeots constitutive of aD obl ig a tion.
FALD, or FALDA. A . hee p fold.
- Cow­
FAITH. 1. Con'hlenco; credit; reliance. ell.
Thu8, an act may be said to be done "on the
ralth" of certain representations.
FALDA. Span. i
In Span sh law. The

2. Belief; cre dence; trust. Thus. the co n -

.Iope or skirt ot a bill. 2 Wall. 673.
8titlltion prov i des that "full faith and credit"
F ALDlE CURSUS. In old n sb E gli law.
hall be given to the judgments of each state
•
e g
A fold-course; the cour s ( oi ng or taking
in the- cou rts of the others. about) of a fold. Sp elm n. a
3. Purpose; inte nt; sincerity; stat e of
knowledge or d esi gn. This is the meaning
A sheep walk. or feed for sheep. 2 Vent. G
139.
of LiLe wo1'l1 in the phrases II good faith" and
"ball faith." FALDAGE. Tbe privilege which anci ent-
In Scotch law. A solemn p ledge ' 21.0
d e elv es of set-
ly several lords reserve to th ms
oaLh. "To m ake faith" is to swear, with the tiog up folds for sheep in a ny fields within H
right hand uplifted. that one will declare t he their manors, the better to manure them, and
lrulb. 1 Forb. In st. pt. 4. p. 235. this not only with their own bitt their ten·
ants' s he e p . Called, variously. "seata fal­
FAITOURS. Idle persons; l
id e livers; dare, "fold-course." "fre e-fo ld." '·falda­
n
vagabonds. o t
Cowell; Bl un . gii." Cowell; Sp elman . I
FALANG. In old English law. A jaCk­ FALDATA. In old En glish law. A
et or clOle coat. Blount. flock or fold of sheep. C owell.
FALCARE. old Engli sh law. To
In FALDFEY. Sax. A fee or rent paid by J
mow . Falcare prata, to mow or cut. grass a tenant to h is lord for leave to tol d his sheep
In meaduws laid in for hay. A customary on his o wn ground. Blount.
aervice to the lord by his inferior tenan ts.
Jusfalcandi, the right of cutt.ing woo d. FALDISDORY. In ecclesiastical Jaw.
Bract. fo!. 231. The bishoplS seat or throne within the chaD- K
Falcat{", graSl!l fresh mown, and laid in eel.
.waths.
Tbe liberty or priv­
a mowi ng. Bract. fols. 35b. 230.
Falcatio,
FALDSOCA.
ilege of fo dage.l
Sax.

Bakalor, a mower ; a ser vi l e tenant who

perforD1�d the labor of mowi n g. FALDSTOOL. place at the soutb side L
A
Falcatura, a day's mowing. ol the altar at which the sovereign kneels at
his coronation. '\Vbart on .
F ALCIDIA. law. The Fal­
In Spanish
cidlan portioll; the portion of an inheritance FALDWORTH. In Saxon law. Aper-
vt'llich could not be legally bequeathed away BOD of age that he may be reckoned of some M
from the heir. viz., one-fourLh. e
d cenn ary. Du Fre8ne.
 FALERlE 474 FALSE JUDGMENT

FALER.lE. In old English law. The caUSA he counterfeited the seal. Bract. fol.
.cackle and furniture of a cart or wain. 276b.
Blount.
F A L S A R I U S. A counterfeiter.
FALESIA. In old English law. A hill '£owl1sh. PI. 260.
or down by the sea-side, Co. Litt. 5b;
FALSE. Untrue; erroneOU9; deceitful;
Domesday.
contrived or calculated t.o deceive and in·
FALX-LAND. See Fow-LAND. jure. Unlawful.
In law, this word means something more
FALL. In Scotch law. To lose. To
than lIntr�le; it means somet hing designedly
fall from a right is to lose or forfeit i t. 1
untrue and deceitful. and implies an i nten.
Kam es . Eq. 228.
tion to perpetrate soma treachery or fraud.
FALL OF LAND. In Engl1sh law. A 18 U. C. C. P.19; 7 Amer. & En g. Ene. Law.
quantity ot laud six ells square superficial 661.
measure.
FALSE ACTION. See FEIGNED AI}
FALLO. In Spanish law. The final de­ TION.
c!'ee or judgment given in a controversy at
F A LSE CHARACTER. Personating
law.
the master or mistress of a servant, or a ny
FALLOW-LAND. Land plowed. but repres"ntativ6 of such master or mistress,
Qot Bown, and left uncultivnted for a time and giving a false character to the servant.
after sllcc:essive c r ops . is an offense pnnishable in England wit h 8
One of £20. SL 32 Geo. Ill. c. 56.
FALLUM. In old l�ngljRh law. An UD­
explained term for some particular kind of FALSE CLAIM. in the forest 13w, was
land. Cowe ll . where a mHO claimed more than bis due.
and was amerced and punished for the same.
FALSA DEMONSTRATIO. In the
M a n w. c. 25 i 'l'omlins.
01\'11 law. False designation; erroneou s
des cr ipt i o n of a person 01' thing in a writ ten FALSE FACT. In the law of evide nc•.
instrument. lost. 2. 20,30. A reigned. simulated, or fa bricated facti a
fact not founded in truth, but existing only
FaiBa demonstratio non llocet, cum de
in assertion; the deceitful sem blanca of a
corpore (persona ) constat. Falsedescrip­
fact.
tioD does not injure or vitiate. provided the
thi ng or person intended lias once been suf­ FALSE IMPRISONMENT. The un­
ficiently described. Mere [ahc descrip tion lawfUl arrest or detention of a person with.
does not make an instrument inoperative. out warrant. or by an illegal warr�lDt. or a
Broom. Max. G29; 6 Term, G76; 11 Mees. warrant illegally executed. and either in a
& W. 189; 2 Story. 291. prison or a place used tem lJonlriiy for that
purpose, or by force and constraint without
Falea demonstratione legatum non
continement.
perimi. A bequest is not rendered void by
Fa.lse imprisonment consists in the un·
an erroneous description. lust. 2, 20, 30; lawful detention of the person of another,
Broom. Mux. 645.
for any length of time. whereby he is de-­
Falsa grammatica non vitiat concessi­ pri ved of his per�onal libert.y. Code Ga.
onemo False or bad gramma.r does not 1882. § 2990; Pen. Code CIII. � 236.
'1 itiate a grant. Shep. Touch. 55; 9 Coke. The tel'lll is also used as tile name of the
48a. N either false Latin nor false English action wbich lies for this species of injury.
will make a deed void wben the intent of the 3 BI. Cnmm. 138.
pHrLies doth plainly appear. Sbep. Touch. 87. FALSE JUDGMENT. In old English
FALSA MONETA. In the civil law. law. A writ whicb lay when 8 fals e judg�

False or counterfeit money. Cod. 9. 24. ment had been pronounced i n a court not ot
record. as a county court, court baron. etc.
l,I'a.lsa. ol'thographia non vitiat c hal'tam,
Fitzh. Nat. Drev. 17.18.
[concessionem. ] F al se spelling does not
In old French law. The defeated party
vitiate a deed. Shep. Touch. 55, 87; 9 Coke,
in a suit bad the privilege of accusing the
4&; Wing. Max. 19.
judges of pronouncing a false or corrupt
FALSARE. I n old English law. To judgment. whereupon the issue was deter­
count erfeit. Quia falsavit sigillutn, be- mined by hiB challenging them to the com.
 FALSE LATIN 475 FALSEHOOD

bat; or duellum. This was called the I' appeal makes Bo rne other false or incorrect state­
., tal Ie judgment. " Montesq. Esprit des ' mlts to a person ill­
ment. whereby injury re.
Lolo, liT. 28, c. 27. terested.

FALSE LATIN. When law pro ceed i ngs F ALSE SWEARING. The mlsd..
were writte n In Latin . if a word were aig� meaDor committed in English law by a per­
nificanL though not good Latin, yet an in­ Son who swears falsely before any pf:'rson au­
dictment, declaration, or fine sho uld not lJa thorized to allminister an oath upon a maHer
made void by iti but if the word were not of publ ic concern, under such circumstances
Latin, nor allowed by the law, and it were that tbe false swearing would have amounte d
In a Dlalerial pOi nt, it made the whole vicious. to perj ury if committed in a judi cial proceed.
(6 Coke, 121; 2 Nels. 830.) Wharton. ing; as whe re a person makes a false a01l.1avit
under the bills of sale acts. Steph. Cr. Dig.
F A L S E LIGHTS AND SIGNALS.
p. 84.
Light! and signals falsely and maliciotlsly
displayed for Lba purpose of bri ngi ng a ves­ FALSE TOKEN. In criminal law. A
lei into danger. false document or sign or the exi s ten ce of a
fact. used with intent to defra ud , for the pur­
FALSE NEWS. Spre adi ng false news,
pose of obtaining money or pro per ty.
whereby di scord may grow between the
queen of England and her people. or the F ALSE VERDICT. An untrue verdict.
great men of the realm. or which may pro. Formerly, if a j u ry gave a false verdict, the
duee olliE-1' m i sch i efs. still seems to be a mis­ party injureu by it m ight sue out and prose·
demeano r, under St. 8 Ed w. I. c. 34. Steph. a writ of attaint against the l11 , ei t h er at
cute
Cr. Dig. § 95. common law or on the statute 11 TIen. YII.
c. 24, at hi s election, for the purpose of re­
FALSE OATH. See PE11JU1tY.
ver.si n g the j udgmen t and pu nis h i n g the
FALSE PERSONATION. Tile crimi­ jury for their verdict; but not where the j ury
oal offense of fa lsely representing some oth· erced me rely in point of law, if they fo und
er person and acting in tbe character thus accord in g to the judge's direction. The
unlavdnlly assumed. i n order to deceive oth­ practice of :;etting asid e verdicts and grant-
ers, and tbrreby gain some profit or ad­ ing new lrials. however, so superseded the
G
vantage, or enj oy some rig ht or privilege be-­ use of att:-\i nts that there is no i nstance of.
longing to the one so pl"'r sonated , or snbj ect one to be fou n d in the books of 1"('ports later
bim to some expense. cbarge, or liability. tha n i n the time of Elizabeth, a nd it was al­
See 4 Steph. Comm. 181, 290. together abolished by 6 Geo. IV. c. 50, § 60. H
FALSE PLEA. �ee SUAM PLEA. Wharton.
FALSE PRETENSES. In criminal law. FALSE WEIGHTS. Fals. weights and
False representations and statements. made measures are snch us do not comply with the
with a frau dulen t desitrn to obtain money.
goods, wares, or merchandise, with intent to
stand ard p rescribed by the state or govern.
me nt, or with the custom prevailing in the
I
obeat. 2 Bouv. Inst. no. 2308. p lace amI b usiness in which they are used.
A representation of Borne fact or circum­ 7 A m er. & Eng. Ene. Law, 796.
Btance, calculated to m islead. which is not FALSEDAD. In Spanish law. Fal sity ;
true. 19 1'ick. 184. an alteration of the tru t h. Las ParLil1us, pt. J
False statements or representation s made 3, tit. 26, I. l .
with intent t.o defraud . for the purpose of ob-. Deception ; fraud. Id. pt. 3, tit. 32, I . 21.
tai n ing mOJley or property.
FALSEHOOD. A state m ent or ass er ·
A pretense is the holding out or offering to
others something false and feigned. This mny be tion known to be u n true , and illtended to de. K
done either by warda or actions, wbicb amount to ceive. A wi llf ul act or declaration cOI\trary
false representations. In fact, false representa­ to the tr uth. 51 N. H. 207.
tions are insepnrable from the idea of a pretense.
Without a represent.ation wbich iB false there can
In Scotch law. A fraudulent imitation
or supp re ssion of truth, to the p rej u di ce
be no preteuse. 48 Iowa, 1S!a.
of another. Bell. "Something used and
L
FALSE REPRESENTATION. See
published falsely." An old Sco ttish nomen
FRAUD; DECEIT.
juris. fI'Falsp.hood is un do ubted ly a Dom­

FALSE RETURN. A retu rn to a w rit, in ate crime, sO m uc h 80 that Sir G eorge Mac­
In which the officer char ged with it falsely ke nzie and our older la wyers lIsed no other M
ff'ports that he sel'Ved it, w hen be did not. or term for the falsification of writs, and tbe
 FALSI CRIMEN 476 F AMlLI.IE EMPTOR

name ' forgery ' bas been of modern intro­ falsehood. conceal meut of the truth, or fraud·
duction. " lilt there is any dislinction to be ulent alteration. as by c u tting out or eras­
• made between • forgery ' and ' falsehood .' I ing part of a writing •

would consider the latter to be more compre­

FALSUS. False; fraudulent; erroneous,
hensive than \be former." 2 Brou n , 77. 78.
Deceitful; mistaken.
FALSI CRIMEN. Fraudulentsllborna·
tion or (',oncealment. with design to darken F a. I e u a i n u n o, fo.lslls in omnibus,
or hide the troth. and make things appear False in one thing. fulse in everything.
Where a party is clearly shown to have em·
otherwise than they are. It is commi tted
bezzled olle article of property t it is 8 grouad
(1) by words. as when a witnel:Js swears
of presumption that he may bave embezzloo
talsely; (2) by writing, as when a person
antedates 1\ contract; (3) by deed, as selling
others also. 1 Sumn. 829, 356; 7 Whe.t.
by fals6 weights and measures. 333.
Wharton.
�ee CnULEN F AUl. FAMA. Fame; character; reputation j
report of common opinion.
FALSIFICATION. In equity practice.
The showing an item in the debit of an ae· Fama, fides at oculus non po.tiuntur
count to be either wholly false or in some ludum. 3 Buist. 226. Fame, faith, and
part eIrOneOU!. 1 Story, Eq. Jur. § 525. eyesight do not suffer a cheat.

FALSIFY. To disprove; to prove to be Fama, qure suspicionem inducit, oriri

false or erroneous; to avoid or defeatj spoken debet spud bonos at graveSt non quidem
of verdicts, appeals. etc. malevoloB et maledicOB, Bed providas at
To counterfeit or forge; to make some-. fide dignas personas, non semel sed SIB­
thing false; to give afalse appearance to aDY· pius, quia clamor minuit et defamatio
thing. manifestat. 2 lnst. 52. Ueport, which in.
In equity practice. To show, in ac­ duces suspicion, ought to arise from good and
counting before a master in chancery, that a grave men; not, indeed, frolD malevolent and
charge bas been inserted which is wrong; malicious men, but from cautious and credi­
that is, either wholly false or in some parL ble persons; not only once, but frequentlY i
erronf'OUS. Pull. Accts. 162; 1 Story, Eq. for clamor dim inishes, and defamation man­
Jur. § 525. ifests.

FALSIFYING A RECORD. A high FAMACIDE. .A. killer of reputatioll; a

offense agaiust public justice. punishable i n slanderer.
England by 24 & 25 Vi ct. c. 9�, §§ 27, 28,
. and in the United titates, generally, by statute. FAMILIA. In Roman law. A house­
hold; a family. On tile composition oC the
FALSING. In Scotch law. False mak­ Roman family, see AGNATl; COGNATIj Bnd
ing; forgery. "Falsing of evidentis." 1 see Mackeld. Rom. Law, § 144.
Pitc. Crim. Tr. pt. I, p. 85. Family right; the right or status at being
Making or proving false. the head of a family. or of exercising the
patria potestatJ over otbers. This could be.
FALSING OF DOOMS. In Scotcil law.
The proving the inj ustice, falsity, or error long only to a Uoman citizen who was a "man

of the doom or sentence of a court. Tom­ in his own right." (homo bui;"uris.) Mack­

lins; Jacob. The reversal of a sentence or eld. HolU. Law, §§ lo�, 144.
judgment. Skene. An appeal. Bell. In old English law. A household; the
body of household servants; a quantity ot
FALSO RETORNO BREVIUM. A land, otherwise called "mun,.s-a," sufficient to
writ which formerly lay against t,be sheriff maintain one family.
who had execution of process for false return­
In Spanish laW a A family, which might
ing of writs. Reg. 'Jud. 43b.
consist of domestiC8 or servants. It seems
FALSONARIUS. .A forger; a counter. that, a single person owning negroes was tuo
feiter. Hov. 424. "head of a family," within the meaning of
tbe colonization laws of Coahuila and Texas.
FALSUM. Lot. In the civil law. A
9 Tex. 156.
fulse or forged thing; a fraudulent sim ula�
Lion ; 8t fraudulent COll nterfeit or imi tation, FAMILIlE EMPTOR. In Roman law.
such as a forged Signature or instrument. An intermediate person who purchased the
Ahm falsification. which may be either by aggregate inheritance when 80ld :per cu ,t
 FAMILT .II!) ERCISCUNDlE 477 F ARE

libran., In the process of m aking a will FAMILY BIBLE. A Bible contalnln g

under the Twelve Tabl es . This purchaser a record of the births, marriages, and deaths
was merely a man ot straw, trans m i tti n g the of the members of a family .
Inheritance to the hrerss proper. Brow n .
FAMILY MEE'l'ING. An lnBUtut!O"
FAMILIlE ERCISCUNDlE. In Ro- of the laws of Louisiana, bein g a cou nci l ot'

man Jww. An action for the partition of the the relatives (or. if there are no relatives. of
aggregate s uccession of a familia. where the friends) of a m i nor. for the purpose of
tba' devolved upon co-lueredes. It was also advisi ng as to h i s affai rs and the admin istra­
applicable to .enforce a contribution towards tion of his properLy. The family m eeting is
&be necessary eXjlE::DSeS in curred on thefamil­ called by order of a judge, and presided over
Ia. See Mackeld. Rom. Law. § 499. by a j ustice or notary. alld must consist of at
least fi v e persons, who are p u t under oath .
FAMILIARES REGIS. Pel�on. of
FAMOSUS. In the civil and old English
tbe ki ng'e household. The an c ie n t title of
law , Rel ating to or affectin g character or
the "six clerks" of chancery i n E n gland.
reputation; defamatory; slanderous.
Cmbb. Com. Law, 184; 2 Reeve. Eng. Law,
249. 251. FAMOSUS LIBELLUS. A Jibf'lous
w ri ti n g. A term of the civil law denotin g
FAMILY. A family com prises a father,
that speci es of i'nju1"ia which corresponds
mother, and chi ldren . In a wider sense, it
nearly to libel or slander.
may in cl ude domestic servants; all who li v e
In one house under on6 head. I n 8 s till FANAL. Fr. In French m arine law.
broader sense . a group of blood-relatIves; all A larg e lantern. fixed upon the hI ghes t part
the relations who d es cend from a common of a vessel's stern.
ancestor, or who sJlring from a commo n
FANATICS. Perso ns pre tendin g to be
root. �ee Clvi l Cod. La. art. 3522, no. 16; 9
inspired, and being a gen('ra.1 name for Qua­
Yes. �2.g.
kers, Ana ba pti sts , and all other sectaries.
A hu sba n d and wife l ivi n g together may
and fatUous u isstl n ters from the Church of
constitute a " family," withlll the mean i n g
Engl a n d. (St. 13 Car. II. c. 6 . ) .Jacob. G
ot t hat word as used in a homestead la w .
(Fla.) 7 South. Rep . 140. FANE GA. In Spa n ish law. A lDeaSlire
"Family. II in its origin, meant "serva.ntsj n but, of land varyi ng in different pro vinces . but
In its more modern u,nd comprehensive meaning, it in the Spanish settlements in America con-
lignifies II collecti ve body of persons living to­
getber in one bouse, or within the curtilage, in
sis ti ug of 6,400 squ are varas or ya rds. H
legal pbrase. 81 Tex. 611.
FAQUEER, or FAKIR. A IIlndu
"Family " may mean cb:ldren, wife and children,
blood·relatives, or the members of the domesticcir­ terlU for a poor man. mendica n t ; a rel igious
cle, according to the concection in which the word beggar .
la used. 11 Paige, lfi9.
"}l'umUy, n in popular a�ceptation, includes par­ FARANDMAN. In Scotch law. A
ents, chUdl'en, and servants,-ail whose domicile traveler or merchant stranger. Skene.
or home is ordinarily in tne same bouse and under
the same management and head. In a statute pro­ FARDEL OF LAND. In old English
l'iding that to gain a. settlement in a town ono must la w . The fourth part of a yard-land. Noy
have " supporte d himself and his family therei n "
says an eighth only. because. accord in g to
J
for six years, It includes t.he individuals wbom it
was tbe right of tne head to control, and his duty
him, two fal'dels make a nook, and four n ook s
to support.. The Ivife is a member of the family, a yard-land. \Vharton.
within such an enuctment. 81 Conn. 826.
FARDELLA. In old E nglish law. A \{
FAMILY ARRANGEMENT. A term bu nd le or pack i a fardel. Fleta, lib. 1. c..
de-noting an agreement between a f<lth e r and 22, § 10.
Jlls ch ild re n . Or betw een the heirs of a deceased
FARDING-DEAL. The fourth part of
fatber. to dispose of property, or to pa rtiti o n
an acre of land . Spelm an.
it In a d i ffe re nt manner tha.n that which L
would result if the law alone directed it, or FARE. A voyage or passage by water;
to div ide up property without administrati on. also the m one y paid for a passage either by
In these cases, frequently. the mere re l ation land or by water. Co w ell .
of the parties will gi v e effect to ua rgai ns The price of l.mssage. or the s um paid or to
otherwise without auequate consideration. be paid for car rying a passenger. 26 N. Y. M
1 Chit. PI". 67; 1 Turn. & R. 13 526.
 FARlNAGlUM 418 FATHER

FARINAGIUM. A mill; a toll 01 meal pubUc revenues. taxes, excise, etc.• for I
Dr dour. Jacob; Spelman. certain commission or percentage ; as afarm�
" ot. the revenues.
FARLEU. Money paid by tenants in lieu
{If a heriot.It was often applied to the best FARO. An unlawful game of cards. in
�hattel. as dieLinguished. from heriot. the best which all the other players play against the
"
beast. Cowell. banke l' or dealer. staking their money upon
the order in which the cards will lie and be
FARLINGARII. Wb oremongers and dealt from tbe pack. Webster.
adulterers.
FARRAGO LIBELLI. Lat. An III-com·
FARM. A certain amount of provision posed book containing a collection of miscel·
reserved as the rent of a messuage. Spel­ laneous subjects not properly associated nor
man. scientifically arranged. Wharton.
Rent generally which is reserved on a lease;
when it was to be paid i n money, it was FARRIER. One whose business 11 to

called " blanche jtrme. tJ Spelman j 2 HI. shoe horses for all such as apply to him.

Corum. 42. FARTHING. The fourth part of aD ED.

A term, 8 lease of land s ; a leasehold in­ glish penny.
terest. 2 Bl. Comm. 17 ; 1 Reeve, En g. Law,
801, note. The land itself, let to farm or FARTHING OF GOLD. An ancienl
rent. 2 BI. Com m. 368. English coin. containing in value the fonrtb
A portion of land used for agricultural part of a noble.
pUrJJoses, either wholly or in part. 18 Pick. FARYNDON INN. Tbe ancient ap­
553; 2 Bin. 238. pellation of Serjeants' Inn. Chancery lane.
The origi nal meaning of the word was
FAS. Lat. Right; justice; the divine
"rent." and by 8 natural transition it came
law . 3 Bl. Comm. 2 ; Calvin.
to meau the land out of which the rent is­
sued. FASIUS. A faggot of wood.
In old English law. A leas. ot other FAST. In Georgia. a " f.,t" b!1l of exeep­
things than land, as of imposts. There were
tions is one which may be taken i n injunc­
several of these, such as " the sugar farm , " tion suits and similar cases, at such time and
Uthe silk farm , " and farms of wines and cur­
in such manner as to bring the case up for
rants. called j'petty farms." See 2 How. review with great expedition. It must be
State Tr. 1197-1206. certified within twenty days from tile render·
In American law. "Farm" den otes 8 ing O'f the decision. 66 Ga. 353.
tract of land devoted in part, at least, to cul­
FAST�DAY. .A. day of fasting and pen­
tivation. for agricultural pu rposes, without
i te nc e . or of morti fi cation by religiOUS absti�
reference to its extent, or to the tenure by
which it is held. 2 Bin. 238.
nence. See 1 Chit. Archb. l'r. (12th Ed.) \61),
et seq.
FARM LET. Operative words in a
FAST ESTATE. Real property. A
lease. which stricUy mean to let upon pay­
term sometimes lIsed in wills. 6 Jolms. 18,5j
ment of a certain rent in farm; i. e., in agri­
9 N. Y. 502.
cultural produce.
FASTERMANS, or FASTING-MEN.
FARM OUT. To let lor a term at a Men in repute and substance; pledges. surE7
stated rebtal. Among the Homans the col­ ties . or lJonusmen, who. according to the
lection of re ven u e was farmed out. and in Saxon pOlity, were fast bound to answer tor
England taxes and tolls sometimes are. each otLer's peaceable behavior. Enc. Lond.

FARMER. 1. The lessee of a farm. It is FAST!. In Roman law. Lawful. Dies

said that every lessee for life or years. al­ fasti, la wful days; days on which just.ice
though it be but of a small house and land. could lawfully be administered by the prmtor.
:
is called "fal mer." This word im plies no See DIES FASTI.
mystery, except it be that of husbandman.
Cun n ingham ; Cowell. Fatetur facinuB qui judicium fugit.
3 Inst. 14. He who fiee. judgment conte.,..
2. A husbcmd m an or agriculturist; one
his guilt.
who cultivates a farm, whether the land be
his own or anothel·'s. FATHER. The male parent. lie by
S. One who assumes the collection of the whom a child is begotten..
 FATHER-I N-LAW 479 FAYORES AMPLIANDI SUNT

F A T H E R-IN-LAW. The father ot slight fault is that want of care which a pru­
:)08'8 wife or husband. dent man usually takes of his business. Th&
very slight fault is that which is excusable.
FATHOM. A nautical measure oraix feet
and for which no re�ponsibility is inourred.
In length.
Civil Code .La. art. 3556. par. 13.
F A T U A M U L I E R. A whore . Dn
Freaoe. F A U T O R. In old English law. A
favorer or supporter of oth ers ; an abettor.
FATUITAS. In old English law . Fa­ Cowell; Jacob. A partisan . One who en­
tUity; Idiocy. Reg. Orig. 266. couraged resistance to the execution of pro�

FATUITY. Mental weakness ; foolish· cess.

ness ; imbecility ; idiocy. In Spanish law. Accomplice; the per-
80n who aids or assists another in the com­
FA T U M . Lat. Fate ; 8 8uperhuman
mission of a crime.
power; an event or cause of loss, beyond bu­
man foresight or means of prevention . FAUX. In old English law. False ;
counterfeit. Faux action, a false action.
FA T U O U S PERSON. One enti rely
Litt. § 6H8. DatU/) m oney . counterfeit mon­
de6tttute of reason ; u qui omn'iuo desipit.
ey. St. "\Vestm . 1, c. 1 5. Balta; peys, false
Ersk. lust. 1, 7t 48.
weights. Bri tt . c. 20. Faw: serement. a
FATUUS. An idiot or tool. .Bract. lol. false oath. St. \Vestm. 1. c. 38.
f20b. In French law. .A falsifi cation or fraud­
Foolish ; abs urd j indis cl"eet ; or 111 con sid­ ulent alteration or sup pression of a thmg by
ered. Fatuumj'lldicinm, a foolish j udgment wo rds , by wri tings. or by acts without �\tAe£\
or verdict. Applied to the verdict of a jury Biret.
which, though false. was not crimi nally aD, "Fnux mny be understood in three ways. In its
or did not amount to perjury. Bract. fol. the alteraUon of truth,
most extended sellse it Is
289. with or without intention; it is nearly synony­
mous with 'lying.' In s Iess exwnded sense, it is
Fatuus, apud jurisconsultoB nostros,
G
the alteration of truth, accompanied with fraud,
accipitur pro non compos mentis j et 1ltutallio vel'Ltat-ts cum doLo ja<:ta. And la.stly. in
a narrow, or ra.ther the legal, sonse of the word,
fatuus dicitnr, qui omnino desipit. 4
when it is a question to know if thojaux bea orime,
Coke. 128. Fatuous. among our juriscon­
it is the fraudulent alteration of the truth iu those
sults. is u nderstood for a m an not of right ca.ses ascertained and punished by the law. n Tou-
mind; and he is called "fat·uu,s" who
togetber foolish.
is al­ illier, t. 9, n. 188.
H
In the civil law. fraudulent alter­
The
ation of the tru th . The same with the Latin
Fatuus prresumitur qui in proprio
nomine errat. A man is presumed to be
fal8um or ol'imt:Jl, faZsi.
simple who makes a mistal<e in his own name.
6. 24. 14; 5 Joh ns . Ch. 148. 161.
FAVOR. Bias ; partiality; lenity ; prej- I
Code. udice. See CUAI.LENGE.

FA UB a U R G. I n French law, and in Favorabilia in lege Bunt fiscus, dos,

louisiana. A dis tri ct or part of a town ad­ vita, libertas. Jenk. Cent. 94. Thin gs

J
joi n ing the principal citYi a suburb. See 18 favorably considered in law afe the treasury.
La. 286. dower, life, liberty.

FAUCES TERRlE. (Jaws of the land. ) Favorabiliores rei, potins quam 80-
Narrow headlands and promontories, inclos­
tores, habentur. The condition of the de­

K
ing a portion or arm of the sea within them.
fenda n t must be favored. rather than that of
1 Kent, Corum . 367, and note; Hale, De Jure
the plaintiff . In ot her words, mellor est
Mar. 10; 1 Story. 251. 259.
cond'itio defendMtis. Dig. 50, 17. 125;
FAULT. In the civil law. Negligence; Broom, Max. 715.
want o( care. An improper act or omission,
inj ur i ous to anoLber, and tra nspirin g th rough
Favorabiliores sunt executiones aliis L
processibuB quibuscunque. Co. Litt. 289.
negligence. rashness, or ignorance.
Execution s are preferred to all other pro.
There are in law three degrees of faults.­
cesses whatever.
the gross. the slight. and the very slight
fault. The gross fa u lt is that Which proceeds Favores ampliandi Bun t ; odie. re- M
tr(lm inexcusable negIigt' nce or ignorance ; iL stringen da. Jenk. Cent. 186. }"'avors are
is considered as nearly equal io fraud. The to be enlarged ; thin gs hateful restl"dined.
 FEAL 480 FEDE RAL GOVE RNMENT

FEAL. Faithful. Tenants by kn i ght recei \'ed this name from the feciales, (q. 1>.,1
8ervice swore to their lords to be feal and who were charged with its administration.
leal,' t. e., faithful and loyal.
FECIALES. Among the ancient Ro­
FEAL AND DIVOT. A right in Scot­ mans, that order of priests who discharged
land. si milar to the right of turbary in Eng­ the d u ties of ambassadors. SubsequenLly
'
land. for fuel. etc. their dil lies appear to have relaLeu more par·
..
ticularly to the declaring war and peace.
FEALTY. In feudal law. Fidelity ; al­
Cal vin.; 1 Rent, Comm. 6.
legiance to the feudal lord of the manor; the
fendal obligation resting upon the tenant or FEDERAL. In con stitutional law . A
vassal by which he was bound to be faithful term commonly used to express a league 01
and true to his lord, and render him obedi­ compact between two or more states.
ence and service. In American law. Belonging to the
Fealty signifies fidelityIthe phrase " feal nod leal" general government or union of the states.
meaning simply II. faithful and loyal. " Tenants
Founded on or organized under the consti­
by knights' service and also {jenants in 80cagewere
required to take an oatb of fealty to the king or tution or laws of the United States.
others, their immediate lords ; and fealty was oue The United States has been generally stJled, in.
of tbe conditions of theIr tenure, the breach of American political and judicial writings, a "fed_
which operated a forfeiture of their estates. eral government.., 'rho tenn has not been im.
Brown. posed by any specific constituti.onal authority, but
Although foreign jurists consider fealty and ouly expl'esses the genera.l seose and opinion upor
homage as convertible terms, because in some con­ the nature of the form of government. In recem
tinental countries they are blended BO as to form years, there is observable a disposition to employ
one engagement, yet they are not to be confounded the term "na.tional " in speaking of the government
in our country, for they do not imply the same ot the Union. Neither word settles anything as
thing, homage being the acknowledgment of ten­ to the nature or powers of the government. "Fed­
ure, and fealty. the vassal oath of fidelity, being eral " iB somewhat more appropriate i1 the govern.
the essential feudal bond, and tho anima.ting prin­ ment is considered a union of the statesj " nation·
ciple of a temd, without which it could not subsist. al n is preferable if the view is adopted that the
\\'Tharton. etate governments and the Union are two distinct.
systems, each established by the people directly,
FEAR. Apprehension of har m . onc for local and the other for national purposes.
Appr{'bension of harm or punishment, as See 92 U. S. 542 ; Abbott.

exhibited by outward and v isible marl{s of

FEDE RAL GOVERNMENT. The
emotion. A.n evidf'llCe of guilt in certain
system of gov ernm ent administered in &
cases. See Burril, Circ. E\,. 476.
sta te formed by the union or confederaLion
FEASANCE. A doi ng ; the doing of an of sev.£.ral indepemlent or quasi i ndepen d .

act. ent staLes; also the composi te sta!ie so

A making; the making of an indenture, formed.
roleas., or obligation. Litt. § 37 1 ; Dyer, In strict usage. t here is a distinction be­
(Fr. Ed.) 56b. '.rhe making of a statute. tween a c011fede1'atiun and a federal gove'rn­
Keilw. lb. ment. 'I'he former term denotes a lea gue
or perrnallent alliance IJetween several states,
FEASANT. Doing, or making.
each of whh:h is fully sovereign and in­
FEASOR. Doer; maker.
Ft:asors del dependent , and each of which retains ita
utatute, makers of the statuteo Dyer, 3b. full digll ity. organization, and soverei gnty.
though yielding to the cen tral authority a
FEASTS. Certain established festivals
conLrolling power for a few limited pu rposes,
or 110Jidays in the ecclesiastical calendar.
such as external and diplomatiC rela.tions.
These days were anciently used us tbe dates of
In this case, the component states are the
lega.l instruments. and in England the q uar4
units, with respect to the confederation, and
ter-days. for paying rent, are four feast-days.
the ct· n tral government acts upon them, not
The terms of the courts. in England, before
upon the individual citizens. In a federal
1875. were fixod to uegin on certain days
gO'oernment, on the other banu. the allied
lietermined with reference to the occurrtmce
states illrm a unioD.-Dot, indeed, to sucb
Qf four of the chief feasts.
an extent as to destroy their separate organ­
FECIAL LAW. '.rhe nearest approach to ization or deprive them of quasi sovereig nty
a Iystem of international law known to the an­ with respect to tlle administration of their
cient world. It was a branch of Roman ju­ purely local concerns, but so that the ceutral
rispruden,eo, coucerned with embassies, dec­ power is erected into a true state or nation,
larations of war, and treaties of peace. It possessing sovereignty botb external and in·
 FEE
t.rnal,-whtle the adm i n istration of n at io nal
aflairs is directed, an d its effects felt. not by
the sepa rate staLes deliberating as unite. bllt
by the peuple of all, in thei r collective ca paci­
ty. as cit ize ns of the nation. The distinc­
tion is expressed , by t he German w riters,
by tbe uae al the t wo words " S taalenbundu
Bnd ..Bundesataat;" the for m er denoting 8.
league or confederation of states, and the
latter a federal govern ment. or state formed
by means of a league or confederation.
FEE. 1. A freehold estate in lands. held
of a su peri or lord. as a re ward for services,
and on cond i t.i on of rend er i ng some ser vice in
return for it. The true m eaning of the w or d
-fee" is the same as tbat of " feud " or " fief. "
and in ita original sense it is tul;; en in coo­
'radistinction to " <l.llodi u m , " which latter is
defined as a man's own land. wh ich he pos­
sesses merely in his o wn right, wi th ou t. OW­
iDg aoy rent or service to any superior. 2
BI. Corum. 105. See 1 N. Y. 49l.
In modem E nglis h tenures, "fee" signifies
an estate of inheritallce, ueing the highest
and most exten si ve interest which a man can
ha ve in a feud; and when the term is used
limply, witho ut any adj unct. or in the form
"fee-simple , " it imports all absol llte iuher­
itllDce clear of any condition, limitation, or
reslrictiull to particuliar heirs, but descend­
ilJle to the heirs ge ne ral , male or female, lin­
eal or collateral. 2 BI. Corom. 106.
In modem English tenUl'es, a fee signifies a.n as­
taLe of inheritance, and a fee·simple imports an
absolute inheritance, clear of a.ny condition or lim­
itation whatever. anu, when not disposed of hy
will, descends to the heirs generally. There are
also limited fecs: (1) Qualiftedor base fees ; and (2)
tees conditional at the common law. A base fee
was confined to a person as tenant of a particular
place. A conditional fee was restrained to pa.r­
\lcular heirs. as to the heirs of a man's body. 11
Wend. 259, 277.
A determinable fee is one which may pos·
IliJly continue i ndefi nitely, but which is li able
to be dete rmi ned. Plowd. 557.
A qualified ( or base ) fee is one w h icb bas
a qUHli fication subjoined thereto, and which
must be determined when ever the q ual i fica·
lion annexed to it is at an end. 2 lll. Comm.
109.
A. conditional fe e , lat the common la W, was
a fee rest ra i n ed to some pa.rticular heirs ex­
clusi ve of others. These af te r wards became
estates tail. 2 HI. Oomm. 110.
2. The word ufee" is also frequently used
&0 denote the land which is held in (etl.
3. Th e compass or circuit of a manor or
lord, hip. Cowell.
AK. t.oIvl·.L.Aw--31
481 F EE-SIMPLE
4. In American law. .A. fee 1a an estate
of inheri ta n ce without condition, belonging
to the owner, and alienable by him, or tran8.
missible to his heirs absolutely and simply.
It is an absolute estate in perpl:'tuity. and the
largest poss i bl e estate a man can have, being,
in fact. allod i al i n its nalure.
5. A reward or wagl'".8 gi ven to one for
the execution of his office, or for professional
sen-ices, as those at a counsellor or physi.
ciano Cowell.
FEE· BILL. A sched ul e of the fe.. to be
cha rged by clerks of courts. sheriffs, or other
oilicers, for each particular service i n tbe line
of their duties.
FEE EXPECTANT. An e,tate where
hmus are gi ven to a man and his wife, and
the beirs of thei l' bodies.
FEE· FARM. This is a species of tenure,
where lund is held of an other in perpet ui ty
at a yearly rent, without fealty, homage. or
otber services than s uclH�s are specially com·
prised in the feoffment . It corresponds very
nearly to the i4emphyteusis" of the ROlllan
law.
Fee-farm Is where an estate in fee is grauteu
subject to Il rent in feo of Bt least one-fourth of the
value of the lands at the ttmo of its reservation.
Such rent nppears to be called " fee-farm'" becau!;l.C
G
a grant of�lands reserving se considerable a rent
Is indeed only letting lands to tarm in fee-simplc,
instead of the usnlll method of lile or yeara. 2 Bl.
Corom. 48 ; 1 Stcph. Comm. 676.
Fee-farms are lands held in fee to render for H
them annually the true value, or more or leBs i BO
called hecause a farm ront is reserved upon a grant
in fee. Such estates are estates of inheritanco.
They are classed among estates in fee-Simple. No
reversionary interest remains in the lessor, nnd
they are therefore subjeot to the operation of the I
legal principles which forbid restraints upon alien·
atioD in aU cases where no teudal relation exists
between gl'antor and grantee. 6 N. Y. 467, 497.
FEE·FARM RENT. The rent reserved
on granti n g a fee-fa rm . It. might be one· J
fourth the value ot the land, according to
Cowell; one�third, acc ord i n g to other authors.
Spelman ; Tennes de In Ley; 2 B I . Comm. 43.
Fee-�arm reut is a raDli-Charge issuin g out of an
K
estate In ,e e ; a perpetual rent reserved on . con�
veyauce in tee·simple. 6 N. Y. 467, 495.
FEE· SIMPLE. In English law. A
freehold (lstate of inberita nce, absolute and
unqualifieJ. It stands at the head of estates L
as the hig hest in dig n ity and the most ample
i n extent; since every other kind of estate is
derivabll.! thp.l'eoul, and mergeable there i n .
for omlte majILs continet in s e minus. It
may be enjoyed not only in land. but also ill
M
advowsuns. comm ons , estovers, and other
 FEE-SIMPLE 482 FELLOW-S ERV ANTS

hereditaments. as well as i n IJe rso nalty. as a n many of the functions of the goveromentzt
annuity o r dignity. and also i n an upper w h ich 1\'ere too weak to m ai ntai n law and
chamber, though the lower buil dings and soil orde r. and inspiring dread in all w ho cam8
b( lo ng to another.
� ·Wh arto n . withi n their jurisdiction. Ene. Brit. Sllch
In American law. An absol ute or fee­ 8 eourt existed In Westpllalia ( t hough witll
simple esta.te i s ODe in widell lh e owner h� eo­ greatly di mi n i s h ed powers) until finally sup­
titled to the entire pro perty, with u ncond i ­ pres!':!ed in 1811.
tion al po we r o f disposi ti on during h is lift',
FEIGNED ACTION. In practice. An
and d es ce nd in g to his heirs an d legal 1'6" re­
action bro n gh t on 8 p retended ri g ht, when
s6u tali v es upon bis death intestate. Code tile p l ai n ti ff has n o tru e cau�e of action, for
Ga. 1882. § 2246.
sOllie i l lega l purpose. In a fei gn ed action
Foe-simple signifies a pure fee; an absolute es­
the wOl'd� of Lho w rit are true. It differs
tAte of inheritance ; t.ha.t which a porsoD bolda in­
from false action. in w hi ch case the words
bedtablo to him aod his heirs geueral forever. It
is called " fce-simple, " that is, "pure, " because of the writ Bre false. Co. Litt . 361-
clear of any condition or restriction to particular
heirs, being descendible to the heirs general,
FEIGNED DISEASES. Si m ulated mal­
whether male or female, lineal or collateral. It is adies. D iseases are ge nerally feigned from
the largest estate and most extensive interest that. one of threo causell,-fear, shame. or the
ca.n be enjoyed in land. heing the entire property hope or gain.
therein, und itconfers an unlimited power of aliena­
tion..i2 Vt. 6:)6. FEIGNED ISSUE. An iosue made up
A fee-simple is the largest estate known to the by the di rection of a court of equity, (or by
law, and, where no words of qualification or lim­
consent of p1tl' ti es, ) and sent to IL common·
itation are added, it means an estate In possession,
and owned in sevcm,lty. It is undoubtedly true law cOllrt, for the pu rpose of obtaining tbe
that. a perSOIl may own a remainder or reversion verdict of a jury on SODle dispu ted matter of
in fee. But such aD estM.o is not a fee-simple ; it fact w h ic h the court has not jurisdiction, or
is a feo qualified or limited. So, when Ii person
is un w il l i ng, to decide. It rests upon a 8Up­
owns in common with another, he docs not own
the entire fce,-o. tee-simple; it is a tee divided o r
posititio lls wage r be t we en the pa rties. See 3
shared with another. 54 Me. 426. BI. Com m . 452.

FEE-SIMPLE CONDITIONAL. This FELAGUS. [n Saxo n law. One bound

estate. at the common law, was a fee re­ for a no ther by oath ; a sw orn brother. A
slrained to some particular hei r s, exclusive frien d bOllnd in the decennary for the good
of others. B ut the stat ute De Donis COIl­ behavior of another. One who took the place
yer�ed all such into estates tail. 2 BI. Comm. of the deceased. Thus. if a pe rson was mur­

llO. dered, the recompense due from t he murderer

went to the felagus of the slain, in defa ul t
FEE-TAIL. An es tate tai l ; an estate of
of paren ts or lord. Cun n in g ha m .
inheritance gi ven to a lDan and the he irs of
his body, or limited to certain classe.'l of par­ FELD. A field ; in com position, wild.

ticular heirs. It correspon ds to tllf' feudmn Blount.

taliiatU11l, of the f eu dal la W , an el the idea ia FELE, FEAL. L. Fr. Faithful. See
beHeved to have been borrowed from the Ro­ FEAL.
man law . where, by Wily of fidei commi:"sa,
F E L L O W. A co mpan ion ; one with
lands m igh t be enlailed upon children and
whom we consort; one joined with another
freedmen and lbeir ciescenciants, with restl'ic ­
in some l ega.l status or relation ; a member of
tiona as to alienatio n. 1 Washb. Heal Prop.
a collt-ge or co r porate body.
*66.
FELLOW-HEIR. A co-heir; partner oi
FEED. To lend additional s up por t ; to
the Bame inheritance.
slr-e ngLben ex pos t facto. "The i hterest
when it accrueS feeds the �stoppel." 5 Mood. FELLOW-SERVANTS. "The decided
&, H. 202. w eigh t at a u th ori ty i.! to the effect that all
w h o sprve the SHme master, worie under the
F E G AN G1 . In old En gli s h law. A
same control, deriv e authori ty and compen­
thief caugh t while escapin g with the stolen
sation from the same common source, and are
go ods i n his possess io n . Spelman.
engag ed i n the same general lJusin"lss, though
FEHMGERICHTE. The n a ill e gi ve n it may be in different grades or departments
to certain secret tri b u nal s which nOllrished of it, are fellow-servants, who take the risk
in Ger m any from the end of the twelfth cen­ of e;-\clJ other's n egl igence . " 2 Thomp. Neg.
tury to tbe middl<� of the sixteenth, u su rping p. 1026. § 31.
 FELLOW-SEIWANTS 483 FEME SOLE

rcri'ions who are employed under the same mRS­ to any other punishm ent presc ribed by law;
ter, derive s.uthOl'ity and compensation from the
as d isti n,:;ui shed fr om a " misdemeanor,"
same common source, and are engage u in the same
upon con deLi on for which n o forfei tu re f01-
general business, although onc is a foreman of the
work and the other a. common laborer, are fellow­ 10 ','ell. All indictable offenses are eilber
servants. 76Me. 143. felonies or misdemeanors. but a material
Where two servants are employed by the snIpe part of the dis tinction is taken away by �t.
master, labor uoder the same control, derive their
authority and receive theil' compensation from a
33 & 34 Vict. c. 23. which abolishes forfeit­
oommOD sOnrce, and are engaged in the same busi­ ure for felony. Wharton.
ness, though in diff'ereut departments of the com­ In Am eri c an law. T he term has no very
mon service, they are fellow-servants. 62 Tex..
defi n ite or pr ecise tnt'aning, except in so m e
597.
cases where it is dt'fiued by statute. For the
FELO DE SE. A felon of himse.lf; a most part. the state laws. in descr ibin g any
Bu idde or lOurderer of h i mself. One who Jl<\I'Licular of(enlie. declare whether or not it
deliuerately Hud in tentional ly puts an eud to :-;hall be consid ered a felony. Apart frum
his own ljfe. or who commits some unlaw f u l t his, the word Beems merely to im ply a crime
or malicious act whith results in his o wn of a. graver or more atrocious nature tban
death. those designated as " misdemeanors."

FELON. One who has com m itted felOny;

The statutes or codes of se veral of the

one convictcd of felony . states deOne felony as an y publ ic offense on

conviction of which tile olfender is l iabl e .to
FELONIA. Felony. The act or offense be sentenced to death or to i m pr is on me nt in
by whi ch a \'assal forfeited h is fee . Spel man ; a pe n itentia ry
or state prison. Pub. St.
C:,lvin. Pel' felaniam, wit h a criluinal in� Mass. 1882. p. 1290; Code Ala. 1886. Ii 3icI ;
tention . Co. Litt. 391. Code Ga. 1882. § 3404; 34 Ohio St. 301; 1
Wis. 188; 2 Rev. St. N. Y. p. 587. § 30; 1
FeloniB.t ex vi termini significat quod�
tibet capit als crimen felleo animo per­
Pari< . Crim. R. 39.
petratum. Co.
Litt. 391. Felony , by force In feudal law. An act or offense on tile
of the term , signifies any ca p i tal cdme per­ part of the vassal , which cost him his fee,

petrated wi th a m !l lig nant m i nd . or in cons eq uenc e of w hi ch his fee feU into

the hands of his lor d ; that is. becam e for�
G
Felonia. implicatur in qualibet pro­
feited. ( See FELONIA.) n�rfidy. ingrati­
ditione. 3 lust. 15. Fel ony is i m plied in
tude, or disloyalty to a lord.
every treason.

FELONICE, Fel onio ll sly. Anciently

FELONY ACT. The stat ute 33 & 34 H
Vie t . c. 23. abolishing forfeitures for fel ony ,
an indispensable word in indi ctm ents for
and sal1ctioning the appoint ment of interim
felony, and classed by Lord Coke among
curators and administmto1's of the pro perty
those voces artis ( words of art) which cannot
of felons. Mozley & Whitley; 4 Steph.
be expressed by any periph ra sis or ci rcum l o
cution. 4 Coke. 39; Co. LitL. 3910; 4 BI.
­

Comm. 10. 459. I

Comill. 307. FELONY. COMPOUNDING OF. See
C01IrPOUNDING FELONY.
FELONIOUS HOMICIDE. In crim i­
nal law. The offense of kil l ing a hu m an FEMALE. The sex wllic h conceives and J
creature, of any age or sex , without justdi­ gives birth to young. Also a me mber of
cation or excuse. There a.re t w o degrees of sucb sex.
this offense. mansl aughter anJ m ur der . 4
BI. Gorum. 188. 190; 4 Steph Corum. 108. .
FEME. L. Fr. A wo m an . In the phrase
"baron et feme" (g. c.) the word has t he
Ill.
sense of " w ife. "
K
FELONIOUSLY. An indispensable
word in modern indictments for felony, as FEME COVERT. A married woman.
fe�vnice was in the Latin forms. 4 Bl. Generall y used in reference to th e legal dis­
Comm. 307. abilities of a m ar r ied woman, as compared
with the cond ition of a feme sole. l
FELONY. In Engl1sh law. Thls term
meant or iginally the stat.e of having forfeit ­ FEME SOLE. A si n gle woman, inclLld­
ed Jands and goods to the crown upon con­ iug those who have been married. but whose
viction for certain offenses, and then, by ID<lrriage has been dissol nd by death or di­
transition. any offense upon conviction for vorce, and. for most purposes, lhose women M
"J'hich such forfei t ure fol lowed. in addi tion w h o are judicially separated from their hus-
 FEME SOLE TRADER 484 FE ODUM

band.. Mozley & Whitley ; 2 Steph. Comm. some im movable property of his lord, to use
250. the saweand take the profits thereof. render.
iog unto the lorel such duties and se rv ices as
FEME SOLE TRADER. In English
belonged to the particular tenure; th e actual
law. A married woman, who, by the cus­
property in the soil always rem ai ning in tb,
tom of London, trades on ber own account.
lord. Spet. Feuds& Tenures.
intlepf'odently of her husband ; so called
becaus(>, with respect to her trad ing. she is FEODAL. Belonging to a fee or feudi
the same as a feme sole. Jacobi era. Caf. feudal. More commonly used by the old
68. writers than feudal.
The term is applied also to women desert.
FEODAL ACTIONS. neal actio ns; '0
ed by their husbands. who do busin ess as
called in the old books, 8S originally relating
feme. solo. 1 Pet. 105.
to feoda, fees, or estates i n laud. Mirr. c. 2.
FEMICIDE. Th e killing of a womau. § 6; 3 BI. Comm. 117.
'Vbal'ton.
FEODAL SYSTEM. See FEUDAL SYS
FEMININE. Of or pertaining to f� TEM.
malee, or the female sex.
FE 0DA LITY. Fidelity or fealty.
FENATIO. In forest law. The fawn­ Cowell. See FEALTY.
ing of deer; the fawning season. Spelman.
FEODARUM CONSUETUDINES. The
FENCE, .. In old Scotch law. To de­ customs of feuds. The nameof a com piiatioD
tend or protect by formalities. To "fence a of foudH l la WB a nd customs made at Milan in
court" was to open it in due form, and inter­ the twelfth century, It is the most ancient
dict all manner of persons from dislurbing work on the subject, and was alway!!! re..
their proceedings. This was cal lod II fene· garded. on the continent of Europe, as pos.
ing." q. d • • defen ding or protecting the court. sessing the highest authority.

FENCE, n. A hedge, structure. or par· FEODARY. An onIcer of th" court ot

tition, erected for the pu rpose of inclosing a wards, apPOin ted by tbe master of that court.
piece of land, or to d i vide a piece of land into under 32 Hen. VIII. c. 26, whose busi ness it
distinct po rtions, or to separate two contig­ was to be pr ese n t with the escheatorin every
uous estates. See 63 Me. 308; 77 Ill. 169. county at the finding of otl'ices of lands. and
to give evidence for the king. as well con·
F E N C E - M O N T H , or DEFENSE­ cerning tbe val u e as the tenurej and his office
MONTH. In old English law. A pe riod was a180 to survey Lhe land of the ward , aiLer
of time, occurring in the middle of summer, the office found, and to rate it. He also as­
during which it was unlawful to hunt deer s igned the !i:ing's \"idows t.heir dowerj and
In the forest. that being their fawning sea­ received all the rents. etc. Abolished by 12
SOD. Probably so called because the deer Car. 11. c . 24. Wharton.
were then defended from pursuit or bunting.
FEODATORY. In feudal law. The
Manwoodi Cowell.
grantee of a feod. feud, or feei the vassal or
FENERATION. Usury; tlJegain of in­ tenant who held his estate by feudal service.
terest; the practice of increasing money by Termes de l a Ley, Blackstone uses "feuda·
lending. tory. tI 2 lll. Comm. 46.

FEN GELD. In Saxon law. A tax or FEODI FIRMA. In old English law.
imposition, exacted for the repelling of en­ Fee-farm . (g • •• J
emies.
, FEODI FIRMARIUS. The lessee of •
FENIAN. A champion, hero, giant. fee-farm.
This word, in the plural, is generally used to
FEODUM. Th is word ( meaning a feud
signify in vaders or fo re ig n spoilers. The
or fee) is the one most commonly ust:d by the
modern meaning of " fenian" is a member of
older English law-writers, th ough its equiva_
an ol'ganizaUon of persons of Irish birth,
lent, "feudum." is used generally by the
resident in tbe United States, Canada, and
marc modern writers and by t.hefe'Udal law­
elsewhere, baving for its aim the overthrow
wri ters . Litt. § Ii Sp�l::u an. There were
of English rule in Ireland. Webster, ,(Supp.)
various classes of fcoda, among which may
FEOD. The same n s feud or fief, being be enumerated tbe foliowing: Feodum lai­
t116 right which the vassal had in land. or cum, a lay fee. Feodum militaTfJ, a knie-bt's
 FEODUM 485 FER COSTA

tee. Feodum tmpTopri'll..m, an im proper or FEOFFEE TO USES. A person to

tit'ri vativf' fee. Ji"eodum P1'op1'ium, a proper whom land was con veyed for the llse of a
lind original fee. reg ula ted by the strict rllles third party. The latter was called "cesl/1,i
of feudal succession and tenure. JJeodurn. que use. "
rimple;r;, a simple or pure fe e i fee-simple.
FEOFFMENT. The gift of any corpo.
F'eodwn talliatum. a fee-tail. See 2 Bl.
real hereditament to another, (2 TIl. Comm.
Comill. 58, 62; Litt. §§ 1. 13; Bract. fol. 175;
310,) op erati ng by trallsmlltation of posses­
Glan. 13, 23.
sion. and requ i rin g, as ess en tial to its com­
In old English law. A seigniory or ju­
pl etion, that the sf'isin be passed, ( Watk.
riadicLion. Fleta . lib. 2. c. 63, R 4. Conv. 183.) wh ich might be accomplished
A fee: a per q u isite or co m pensatio n for a either by investiture or by livery of seisin.
lerviee. Fleta. lib. 2, c. 7.
1 Washb. Real Prop. 33.

FEODUM ANTIQUUM. Afend which

Also the d�ed or conveyance by which sucb
devolved upon a vassal from his i ntestate an­
corporeal hereditament is passed.
A feoffment origina.lly meant the grant of n. relld
cestor.
or fee; that is, (l, barony or knight's fee, for which
Feodum est quod quis tenet ex qua­ certain services were due from the feoffee to the
feoffor. This was the proper sense of the word:
cunque causa sive sit tenementum sive
but by custom it came afterwards to signify also a
red itus. Co_ Li Lt. 1. A ft'tl is tbat which graltt (with livery of sei.<:!in) of a free inheritancE:!
any one holds frolll whatever cause. whether to a man and his heirs, referring rather to the per·
tenem ent or rent. petuity of the estate than to the feudal tenure. 1
Reeve, Eng. Law, 90, 91. It was for ages the only
FEODUM NOBILE. A fier for which method (in ordinary use) for conveying the free­

the tenant did guard and owed homage. Spel­ hold of land in posseSSion, but has DOW fallen in
great measure into disuse, even in England, hav­
man.
ing been almost entirely supplanted by some ot
that class of conveyances founded on tbe statute
FEODUM NOVUlIl. A feud acquired
law of tbe realm. 1 Steph. Comm. 467, 468.
by a. vassal himself.
FEOFFMENT TO USES. A feoffm ent
Feodum simplex quia feodum idem
est quod hrereditas, et simplex idem est
of lands to one person to the use of another. G
quod legitimum vel purum; et sic fe o ­ FEOFFOR. The person making a feoIT­
dum simplex idem est quod hrereditas ment. or enfeoffing ano ther in f(:'e. 2 BJ.
legitima vel hrereditas pura. L itt . § 1.
H
COIll m. 310; Lilt. §§ I . 57.
A fee·si mp le, so called beca use fee is the same
as inheritance. and simple is the same as FEOR. This Saxon word meant origi_
lawful or pure; and thus fee-simple is the nally cattle, and thence property or money,
Barne as a lawful inheritance, or pure inher­ and, by ,� s econ d transition, wages, reward.

itance.
Feodum talliatum, i. e., hrereditaa in
quandam certitudinem l1mitata. Litt.
§ 13. .Fee-tai l . i. e., an inheritance limited
I
or fee. It was probably the orig i n al form
from Wllicll the \Vor(ls " feot l , " "feudu ro , "
" fi ef," " fe u , " and "fee" (all meaning a feu-
d al gran t of land) have been derived.

J
1n a definite descent. FEONATIO. In forest law. Tllefawn­
ing season of deer.
FEOFFAMENTUM. A feoffment. 2
Bl. Comm. 310. FEORME. A certain portion of th e prod·
uce of the land d u e by the grantee to tile
FEOFFARE. To enfeoff ; to bestow a
10rl.1 according to the terms of the cbarter.
fee. The bestower WHS caJled"feoffatoT, "
and the grant ee or feoffee. "feojlatus."
Spe!. I'-'euds, c. 7. K
FERlE BESTllE. Wild beasts.
FEOFFATOR. In olu English law. A.
feoffor; one who gives or bestows a feei one FERlE NATURlE. Lat. or a wild
who makes a feoiflhent.. Bract. fols. 12b. 81. nature or disposition. Animals which are
by nature wild are. so deSignated, by way ot
l
FEOFFATUS. In old English law. A d isti ncti o n from su ch as are naturally tame.
feoffe e ; one to whom a fee is given. or a feoff­ the latter being called " domita: nat1wa:. "
m.ent wade. Bract. fols. 17b, 44b.

FEOFFEE. He to whom a fee is con­

FERCOSTA.
vessel or boat.
Ital. A kind of small
Mentioned in old Scotc11 1aw,
M
.eyed. Litt . § 1 ; 2 BI. Comm . 20. Hnd called "feTcost. " Skene.
 FERDELLA TERRiE 486 FE"TING-MAN

FERDELLA TERRLE. A lardel-Iand ; FERMORY. In old records. A place in

ten acrE'S; or perhaps Ii yard .land . Cowell. monasteries, where they received the poor,

Sax.
(ltospicio excipieba11 t,) and gave them pro..
Asummonsto serve
visions, (fenn.jil'ma.) Spel rna.n. Hence the
FERDFARE.
tn the arm y. An acquittance from going into
modern infirmary. used in the scnse ot a hos­
the army. Fleta, lib. 1, c. 47, § 23.
pital.
FERDINGUS. A term denoting. appar­
FERNI GO. In old Engllsh law. A
ently. a freeman of the lowest cluss, b eing
or place where fern growl.
named after the
waste ground.
cotseti.
Cowell.
FERDWITE. In Saxon law. An ac­
FE RRATOR. A farrier, (q •)
quittance of manslaughter com mi tted in the
• •

army; also a fine imposed on persons for not FERRI. In the civi l law. To be borne;
going forth on a mIlitary expedition. Cow­ that is on or about the person. This was dis­
ell. tinguished from porlari. (to be carried ,)
which signified to be carried on an animal.
In old English law.
Dig.
FERIA. A week­
50, 16, 235.
day; a holiday ; a 1ay on which process could
not be served; a fair; a ferry. Cowell; D u FERRIAGE. The toll or fa re paid for
Can ge ; Spelman, the transportatIon of persons and property
across a ferry.
FERllE. In Roman law. Holidays ;
Literally speaking, it. Is the price or fare hed by
genel'<llly speakin g. days or seasons du ring law for the transportation of the tra.veling public,
which free-born Homans suspended their po­ with suoh goods and chattels as they way have
litical transactions and their lawsuits, and with them, acrosR a river, bay, or lake. 8:i Cal.

during which slaves enj oyed a cessation from

606.

labor. AUjel'ta were t.hus dies n6/asti. All FERRIFODINA. In old pleading. A.
fe1'ia were divided info t w o classes,-"feria iron mine. Townsh. PI. 273.
p'ltbliece" and "feria privatce."
Iron . In old English law.
The latter
FERRUM.
were only observed by single families or in­
A horse-shoe. FerTUra. shoeing of horses.
divid uals. in commemoraLion of some partic­
ular event which had beeu of i mportance to FERRY. A liberty to have a boat upon
them or their ancestors. Smith. Dict. A n tiq . a river for the transportation of men. borses,
and carriages with their contents. for a rea·
Holidays ; IIlso week­
souaLle toll. The term is also used to desig­
FERIAL DAYS.
days, as distillgu ished from Sunday.
nate the place where such liberty is exercised.
Cowell.

F E R I T A. In old European law. A See 4� Me. 9; 4 Mart. (N. S . ) 426.

wound; a stroke. Spelman. "Ferry " properly means a place of transit across
a river or arm of the soa; but in law it is treated
FERLING. In old records. The fourth as a !'ranchise, and defined as the exclusive right
p:>rt of a penny; al,o the quarter of a ward to Carry passengers across a river, or arm ot the
in a borough. sea, from one vill to anotber, or to connect a COD­
tinuous Une of road leading from one township or
FERLINGATA. A lourtb part 01 " yard­ vill to another. It is not a. servitude or easement.

land. It is wbolly unconnected with the ownership or

occupation of land, so much so that tho owner of
FERLINGUS. A turlong. Co. Litt. Db. the ferry Deed not have !lny property in the Roil
adjaoent on either side. (12 C. .8., N. S., 82.)
FERM. or FEARM. A house or land. Brown.

One employed in taking

or botb, let by lease. Cowell.
FERRYMAN.
:F E R M E . A farm ; nmt; a lease ; a
i\ persons across a ri ver or other !:)tream. in
house or land, or both, taken by indenture I)r boat::> ur other contrivances, at a ferry. 3
lease. Plow d. 195; Vicat. Se� FARM. Ala. 160; 8 Dana, 158.

FERMER, FERMOR. A lessee; a FESTA IN CAPPIS. In old Englisb

farmer. One who holds a term . whether of law. Grand holidays. on wbich choirs wore
l ands or an incorporeal right, such as cus- caps. Jacob.
Loms or reven ue.
Festinatio justitioo est noverca infor­
FERMIER. In French law. One who tunii. Hob. 97. Hasty justice 1. the step­
farms Rny public revenue. mother of misfortune.

FERMISONA. l n old En glish law. The FESTING-MAN. In old English law.

w i nter season for killing deer. .A frank-pledge, or one who was surety for
 FESTING-PENNY 487 FEliD<lL SY�TE,,1

the good behavior ot another. Mona:;teries the former to take \·ell�{!' ancc upon the latter .
enjoyed the privilege of being "free rrom See DEADLY FEUD; FAIDA.
fe.'>tlng-men, " wh ich moans that LIley were
FEUDA. Feuds or fees.
"nol bound for any man's furLheonling w ho
should transgress the law . " Cow�ll. See FEUDAL. Pertai n ing to feu ds or fe€'si
FRANK-PLEDGE. relati ng to or gro wi ng out of the feudal sys­
tem or feudal la,£.; having the quality of a
FESTING·PENNY. Earnest g i v e n to
feud, as distinguished from "allodial . "
serva.n ts when hired or retained. The sam e
88 aries-penny. Cowell. FEUDAL ACTIONS. An ancient name
for real ac ti ons . or such as concern real prop­
FESTINUM REMEDIUM. Lat. A erty ouly. 3 ill. Comill . 117.
&peedy remedy. The writ of assise was thus
characterized (in comparison with the less
FEUDAL LAW. The body of j u rispru­
dence relating to fends; the real-property law
expeditious remedies pro \' io u sly available)
of the feudal syste m ; the law anCiently reg·
by Lhe statute of Wesl..mluster 2, (13 Ed\\".
ulating the prope rLy rela.tions of lurd a nd vas·
I. c. 24.)
sal, and the creati on, incidents, aud tra.os­
FESTUM. A feast or fest ival. I!estum mission of feudal estates.
ltulw'Tum, the feast of fools. The body 01 laws and usages constituting the
"feudal law " WIlS originally customary and un­
FETTERS. Chains or shackles for the written, buta. compilation was made in the twelfth
feet ; irons used to secure the legs of con viets, century, called" Feodarum Consuetudines," which
unruly Ilfisoners, etc. t;i milar chains secur­ has formed t.he basis of later digests. The feudal
law prevailed over Europe from the twelfth to the
ing the wrists are called "handcuffs."
fourteenth century, and was introduced into Eng­
land at the Norman Conquest, where it formed the
FEU. In Scotch la\v. .A holding or ten­
entire basis of the law of real property until compar­
ure where the vassal, in place of military o.tively modern t.imes. Survivals of the feudal law,
service, tna.kes his return in grain or muney. to the present day, so aft'ectand color that branch 01
Di9tingn ished from " wardltoILling. " which is jurisprudence as to require a certain knowledge of

G
tbe feudal Jaw in order to the perfect comprehen­
the mil i tary tenure of the coulltry. Hell.
sion of modern tenures and rules of real-property
law.
FEU ANNUALS. III Scotch law. The
reddenda, or annual return from the vassal FEUDAL POSSESSION. The eqUiva­
to a superior in a fe u holding. lent of "seisin" under the feudal system.

FEU ET LIEU. Fr. In old French F E U D A L SYSTEM. Th e system ot H

and Canadian law. Hearth and home. A feulls. A political and SOCial system wbich

terlll importing actual settlement upon land p re v ai led, throughout E urope during the

by a tenant. eleventh, twelfth, and thi rt een th centuries,

and is s u ppos ed to have grown out of the
FEU HOLDING. .n Scotch law. A
peculiar usages and policy of the Teulonic
bolding by tenure of rendering grain or
nations who overran the continent after the
money In place of military service. Bell.
fall of the Western Roman Empire, as de­

FEUAR. In S cot cb law. The tenant of veloped by the exigenCies of their military

J
'afeu; a feu-vassal. Bell. dominatioll, and Jlossibly furthered by no­
tions taktm fro m the Boman jurispruJence.
FEUD. In feudal law. An estate i n It was in trocitH:ed into England, i n its com­
land held of a superior o n condition of ren­ pleteness, by William 1., A. D. 1085. tho u g h
dering him servi ces. 2 Bl. Comm. 105. it may have eXlsted in a rudim entary form
An inilC:!ritable right to the use and occu­ among the Saxons before the Conq uest. It K
pation of lands, h�ld all condition of rend er­ formed the ent i n' basi� of the eal-property
r
ing services to the lord or proprietor. who law of Englan d in medieval times; and sur­
himself reLains the property in the lands. vivals of tbe sys l em, in modern days, SI)
See Spe!. Feuds, c. 1. modify and color that branch of ju rispru­
In this sense the word is the same as dence, Loth in England and America, that l
"feod." "feod u J D , " " feuduml " " fief," or Ill any of its principles reqUire for their COm­
"fpe. " pl e Le understanding a knowledge of th e ft'ud-
In Saxon and old German law. An a1 system. The feudal system originated in

M
enmity . or spe cies of pri vate war, existing the relations of a mililal·y chieftain and his
between Lhe family of a munl ered mun a n d followers, or king and nobles, or .lord and
the family of his slayer ; a combination of vassals, and espedally their relutiullS as de··
 FEUDAL SYSTEM 488 FEUDU�I TALLIATUM

terminecl by tho bOUll established by a g ran t FEUDUM ANTIQUUM. An nllciAlI1

of land from the former to the latter. F rom feud or fief; a fief descend ed to the "a�sal
this i t grew into a complete and i n tricate from his ancestors. 2 BI. Comm. 212. '2�1.
com ple x of rules for the tenure and transmis­ .A. fief whicb ancestors had possessed for more
sion of real esLate, and of correhlted d uties than fOUf generations. Spelman.
and services; while, by tying men to the
FEUDUM APERTUM. An open feud
land and to those hol d i n g above amI below
or fief; a fief resul ti ng back to the lord, where
them. it created a close-k n i t h ierarchy of per­
the blood of the person last seised was utterly
BODS, and devol oped an aggregate of social
e xti nct and gone. 2 BI. Cumm. 245.
and poli ti cal institutions.
For an accou n t of the feudal system in its FEUDUM FRANCUM. A tree feud.
juristicrel a tio ns . see 2 Bl. Comm. 44; 1 Olle which was noble and free from talliage
Steph . Comm. 160; 3 Ken t. COlD m . 4S7; Spe!. and other subsidies to which the plebeia
Feuds ; Litt. Ten . ; Sull. Lec t. ; Spence, Eq. feuaa (VUlgar feuds) were subject. Spel.
J ur. ; 1 'Va.::hb. Real Prop. 1 5 ; Dalr. Feu . man.
Pro p. For i ts pOli t ical and social relations.
FEUDUM HAUBERTICUM. A fee
see IIall. Middle Ages ; Maine. Anc. Law;
held on the militaryserviceof appearing fullY
Rob. Car. V. ; Mon tesq. Esprit des Lois , bk.
armed at the ban and a1'rie7't ban. Spel Ill IUl.
30j Gu izot, Rist. Ci vilization.
FEUDUM IMPROPRIUM. An im·
FEUDAL TENURES. The ten ures of
proper or derivative feud or fief. 2 ill.
real estate under the feudal sysLem, such as
Comm. 58.
knight-service, socage. vi llenage, e tc.
FEUDUM INDIVIDUUM. An indio
}'"EUDALISM. The feudal syste m ; the visible or impartible feud or fief; descendilJI,
aggregate of feudal p ri n Cipl es and usage s . to the eldest son alone. 2 HI. Comm. 215.
FEUDALIZE. To red lice to a feudal FEUDUM LIGIUM. A liege feud 01
tenure; to conform to feuda l i sm. Webster. fief; a fief beld Immediately of the soverei gn:
one for which the vassal owed fealty to hll
FEUDARY. A ten ant who holds by
lord against all perso n s. 1 Bl. Comm. 367;
feudal tenure. Held by fe u da l service. Re­
Spelman .
latin g to feuds or feuual ten ures .
FEUDUM MATERNUM. � m aternal
FEUDA.TORY. See FEODATORY.
fief; a fief descended to the feudatory from
FEUDBOTE. A recompense for engag· his motber. 2 Bl. Comm. 212.
ing in a feud, and the damages consequent. it
FEUDUM NOBILE. A fee for whieb
baving been the custo m in a n cient times for
the tena n t did guard and owed fealty and
all tlle kindred to engage in their kinsman's
bomage. Spelman.
quarrel. Jacob.
FEUDUM NOVUM. A new feud or
FEUDE, or DEADLY FEUDE. A
fief; a fief which began in the person of the­
German word, si gnifyi ng implacable hatred,
feudatory, and did not come to him by suc­
not to be sati s fi ed but with the death of the
cess ion. Spe lm an j 2 BI. Comm. 212.
enemy. Such w as tlmt among the people in
S cotl an d and in the northern parts of Eng. FEUDUM NOVUM UT ANTIQUUM.
land. wh ich was a combination of all the kin. A new fee held with t he qn alities and inci.
dred to revenge the death of any of the blood dents of em a nci ent aile. 2 lli. Comm. 212.
lipan the sJayer and all his race. Termes de
FEUDUM PATERNUM. A fee which
la Ley.
the paternal a ncest.ors had hel d for fOUf gen·
FEUDIST. .A. w riter on fttuds, as Cuja.. eratio ns. Calvin. One des cen dibl e to hf'ira
cills. Spelman, etc. on Lhe paternal side ouly. 2 131. Comm. 223.
On e which might be held I.>y males only. Du
FEUDO. In Spanish Jaw.
Felld or fee.
Cange.
Wbite, New Hecop. b. 2, tit. 2, c. 2.
FEUDUM PROPRIUM. A proper,
FEUDUM. A feud. fief. 01" fee. A right
gen u i ne . and origi n al feud or fi ef ; bei ng of a
of u s i ng and enjoying forever the lands of
purely mili lary character, am} he:d by mili­
another, whi ch tbe lord grants on condition
tary service. 2 131. Corum. 57, 58.
that the tenan t shall re n der fealty. military
duty, and other s ervi ces. Spelman. See FEUDUM TALLIATUM. A restricted
FEODU.:ll ; }'EUD. fee. One limited to descend to certain dasSel
 FEW 489 FICTITlOUS ACTION

or heirs . 2 B1. Comm. 1 12. note; 1 Wasbb. FIAT UT PETITUR. Let it be done .s
Real Prop. 66. it is asketl. A form of gran ti ng a petition.
FEW. An indefin ite expression for a FICTIO. In Roman la w . A fiction; 8n
small or lim ited number. In (-ases where ex­ assumptioll or s uppos iti on of the law.
w.ct description is requirt'd, the use of this " li'lctio" in the olu Roman law was properly a.

wlIrd will not answer. 53 Yt. 600; 2 Car:& term of ,pleading, and signified a false averDlent
on the part of the plaintiff which the defendant.
P. 300.
was not allowed to traversej as that the plainLitr
FI. FA An abbreviation fOt' jierifacias, was a Roman citizen, when in truth he was a for�
eigneI'. The objeot of the fiction was to give the
(which sec.)
court jurisdiction. Maine, Ane. Law, 25.

FIANCETI. L, Fr. To pledge one's

Fictio cedit veritati. Fictio juris non
taith. Kelhttm.
est ubi veritas. Ficti o n yields to tr ut h.
FIANZA. In Spanish law. A s u rety or Where ther e is tr uth, fiction of la\V exis ts
guarantor; the contrad or engagement of a not.

8 ure ty. Fictio est contra veritatem, sed pro

FIAR. In Scotch law. He thathas the fee veritate habetur. Ficti on is ag,dllst lhe

or leu" Tbe proprietor is ter meu (jar," i n

U
truth, bllt it is to be esteemed truth.
contradistinction to the life�renter. I Kames,
Fietio juris non est ubi veritns. Where
Eq. Pref. One wh ose pro per ty is charged
truth is. fiction of la w does not exist.
wiLh a J ife--rent.
F i c t i 0 l e g i s inique operatul' alieni
FIARS PRICES. The value of grain in
damnum vel inj uriam. .A. legal fiction
the different counties of Scotland, fixed yearly
does not properly work Joss or i nj ury . 3
by the rl'spective sheriffs. in the mouth of
Coke. 86; Broom. Max. 129.
February, with the assistance of juries.
Tbese regulate the prices of gra in stipu lated Fictio legis neminem lredit. A fiction
to be sold at the fiar pri ('es, or w hen no price of law injures nOo ll e. 2 Holle, 502 ; 3 BI.
has been stipulated. Ersk. 1, 4, 6. Comm. 43; 17 J ohns . 348. G
FIAT. In E ngl is h practice. .A. short or· FICTION. All assu mp ti on or s upposit ion
der or warran t of a j u dge or magistrate di· of law th at something which is or may be
re ctin g some act to be d one ; au au thority is· false is true, or that a stale of facts exists
suing from some competent source for the
doing of som e legal act.
which has never really taken place .
A ficti on is a rule of law wlJich assumes as
H
Onecf the proceedings in t he English bank� true, and will not allow to be disproved,
fupt practice. being H po we r, signed by the somet hing which is false, but not i m pos sibl e.
lord chancellor, addressed to the COllrt of Best. E v . 419.
bankruptcy, authorizing the peti tioning creu� These assumptions are of an innocent or even l
itor to p ros ecute his complaint before it. 2 beuoficialcharacter, and are made for the ndvance­
Steph . Com w. 199. By the st.tute 12 &; 13 ment of the ends of justice. They secure this end
cbiefly by the extensi.on of procedure from cases
Vict, c. 116. fials wen� abolished.
to which it is applicable to other cases to which it
Fiat jus, ruat justitia.
though j ustice fail.
Let law pr e vail , i s not strictly applicable, the ground of inapplica.­
bility being some difference of un immaterial char� J
acter. BrOWIl.

FIAT JUSTITIA. Let

j ustice be done. Fictions are to be dist. i n guished from pre.
On a pet it ion to the king for
his \",arrant to sumptions of la w. By the former. sornelhi ng
bring a writ of error in pa rli a m e nt . he w ri tes
on the top or the p etit ion , "Fiat }ustifia."
known to be false or unreal is assumed as
true; by the latter . an i nference is set up,
K
and then the writ of error is made out, etc . wh icb may be and probably is tr ue. but wh ich .
Jacob. at any rate, the law will Dot permit to be
controverted.
Fiat justitia, ruat ccelnm. Let rig ht be
done, though the heav�ns shoul,\ fall. Mr. Best distinguishes legal fict.ions from pre· l
sumptions jU1'is et de j !tre, and divides them into
three kinds,-affirmat.ive or positive fictions, nega-.
Fiat prout fieri consuevit, ( nil temere
tive fictions, a.nd fictions by relation. Best., Pres.
Dovandum.) Let it be dOlLe as it hath used
p. 27, § 24:.
to be done. ( not. h ing must be l'ashly iuuovat ·
&1.) J enk. Cent. 116. ' case 39; Branch, F I C T I T I O U S ACTION. An .ction M
P�i.nc. brou ght for the sale purpose of obtaining the
 FICTITIOUS ACTION 490 FIEF D'HAUBEET

opi nion or the court on a point of law , not FIDEM MENTIRl. When a tenan'
for the seUlement of any actual controversy does not keep that fealty which he has sworn
between the parties. to the lord. Leg. Hen. 1. c. 53.
Courts of justice werc constituted for t.be pur·
FIDE-PROMISSOR. See FIDE-JussOR.
pose of deciding really existing questions of right
betwoden partIes ; and they are not bound to a.nswer
FI D ES . Faith: hone sty ; confidence;
impertinent questions which persons think l':-oper
to ask them in the form of an action on a wager. t rus t ; veracity; hono r. Occu rring in the
tI
12 East, 248. phrase " bona jides ; " 80, also, "mala fides.

FICTITIOUS PLAINTIFF. A person Fides est obligatio conscientire aUcu­

appea ri ng ill the writ or record as the pla.in­ jus ad intentionem alterius. Bacon. A.
tiff in as u it, but who in reali ty cloes not ex­ trust is an obl ig ation of conscience of one to
ist, or who is igno rant of the s u i t and of the the will of another.
use of bis n amo in it. It
is a con tem pt of Fides servanda est. Faith must be ob­
court to sue in the name of a fictitious party. s er ved . An agen t must not violate the COR­
See 4 BI. Comm. 134. fidence reposed i n him. Sto ry, .Ag. § 192.
FIDEI.COMMISSARIUS. In the civi l Fides servanda est ; simplicitas juris
law this term corresponds D€'arly to our " ces­ gentium prrevaleat. Faith must be kept;
tui que trust." It d esig n ates a person who t h e simplicity of the la w of nations must pre­
has the real or benefici al interest in an es tate vail. A rule app lied to bills of exc hange as
or fund, the title or adminis tra tion of which a sor t of sacred in s tru m ents. 3 Burrows,
is temporal'ily co nfided to another. See Story, 1672 ; Story, Bills, § 15.
Eq. Jur. § 966.
FIDUCIA. In the civil law. A contract
FIDEI · COMMISSUM. In the civil by which we sell a thing to some one-that
law. A sp ecies of t.rust; be i n g a g i ft of Is, traus m it to hi m the p roperty of the thi n g,
property (usually by will) to a person, ac­ with the sol em n forms of em ancip ati on-on
compa n i ed by u requ est or d irecti o n of the condition that 11P will sell it iJack to us. This
do no r tha t the reci p i en t will transfer the species of COiltract took place i n th e emanci.
property to another, the latter being a per­ pation of children. in tl;'stam euls. and in
son n ot capable of taking Cli rectly under the pledges. Poth. PaUll. h. t.
will or gift.
FIDUCIARIUS TUTOR. In Roman
FIDE-JUBERE. In t he civil law. To law. The elder brother of an emll.OCipllt43d
order a thi n g upon ouels faith j to p l ell g e pupillus. whose father had died leaving him
one's self; to oecome surety for another. still under fou rteen yea rs of age.
lJ'idtJ-}l£be!'i1 INde·}ubeo : Do you pledge
yourself'" I do pledge myself. lost. 3, 16, FIDUCIARY. The t erm is deriyed from
1. One of the forms of stipulation. the Romnn law, and means (as a noun ) a
perso n hohling the character of a t rustee. or
F I D E - J U S S O R. In Roman law. A a character analogous to that of a tr ustee, in
guarantor; one who becomes respo lls iiJle for respect to the trust and con fid ence involved in
the paym en t of another's debt. by a stipul a­ it a n d the scrupulous good faith IJnd ca nd or
tion w h ich bi n ds h im to discharge it if the which it. r eq uires . Thus, a porson is a fidu­
principal debtor fails to do so. 1IIackeld. cia ry who is in vested w i th rights and powers
nom. Law, § 452; 3 131. COOl I n . 108. to be exercised for the iJenefit. of anot her per­
The sureties taken on the arrest of a. de­ so n .
fe n(l an l , in the court of admiralty, were for­ As 8n adj ective it meaD! of the nature of
merly denomin ated "fide-j ussors. " S BI. a trust; having the characteristics of a trust;
Comm. 108. an al ogoll s to a trust; rel ating to or founded
u pon a trust or con fide nce.
FIDELIS. Faithful; trust w or tby.
FIDUCIARY CONTRACT. An agre...
FIDELITAS. F ealty ; fidelity.
ment by which a p e rso n delivers a thing lO
F'idelitas . De nullo tenemento, quod an othe r on the condition that be will reston
tenetur ad terminum, fit homagii ; fit it to him.
tamen inde fLdelltatis sacramentum. Co.
FIEF. A fee. food. or feud.
Litt.. 676. Fealty. For no tenement which
is held for a term is then� th e oath of hom­ FIEF D'HAUBERT. Fr. In Norman
a ge , but there is the oath of feal ty. feudal law. A fief or fee held by the tenure
 FLEF-TE�A�T 491 FLLACEII

of kQight.-service ; a knight's fe e. 2 Bl. diocese the sum thel'eil'. mentioned. 2 Chit

Corom. 62. Arclo b. Pro (12th Ed.) 1062.

FIEF-TENANT. In old English Inw. FIERI FACIAS DE BONIS TESTA­

The holder ot a fief or fee; a feeiloJ(ler or TORIS. The writ issued on an ordinary
freeholder. jUdgment against an executor when sued for
.
a debt due by his testa tor. If tbe sheri ff re­
FrEL. In Spanish law. A sequestrator;
turns to this writ nulla bona, and a dc'va.o;­
a person in whose bands a thing i n displite
is judicially deposited; a l'eceiver. Las 1")ar­
tavit, (q. v. • ) the plaintiff may slIe out a
fieri far:ias de bonia propriis, under which
tidas, pt. :1, tit. 9, 1. 1.
the goods of the executor himself are seized.
FIELD. This term might well be con­ Sweet.
sidered WI definite and certain a description
FIERI FECI. (I have caused to be
as "close," and wight be used in la w ; but it
made.) In prac tice. The name gi ven to the
is not a usual descri ption i n legal proceed­
return made by 11 sheri f
f or other officer to a
ings. 1 Chit. Gen. Pro 160.
writ of fieri facias. where he has collected
FIELD�ALE. An ancient custom in Eng­ the whole, or a part, of the sum directed to
laDd, by which officers of the forest and be levied. 2 Tithl, Pro 1018. The retll f"ll .
bailiffs of hundreds bad the right to compel as actually made, is expressed by the word
Lhe hundred to furnish them with ale. TOIll­ "Satisfied " indorsed all the writ.
Iins.
Fieri non debet, (debuit,) sed factum
FIELD REEVE. An officer elected, in valet. It ought not to be done. but [if]
F.ngland, by the owners of a regulated past­ done, it is valid. Shep. Touch, 6; 5 Coke.
ureto \,eep in oreler the fences, ditches, etc., 39; 'r . Raym. 58; 1 Strange, 526. A m axim
011 the land, to regulate tIle timf's during frequently applied in pract ice . 19 Johns.
which animals are to be admitted to the 84, 92.
rast llre. and generally to mai nt;lin and ma n-
11.(6 the pasture s u bject tu the instr uctions of FIFTEENTHS. In English law. T his

the owners. (Gen eral Inclosure Act, 1845 , was Originally a ta.x or tribute, levied at in�
G
§ liS.) Sweet. tervals by act of parliament. consisting of
one-fifteenth of all the movable prolJerty of
FIELDAD. In Spanish law. Seques­ the subject or personalty in every city. town­
tration. 'fbis is allowed in six cases by the sbip. and borough. Under Edward HI., the
Spanish la w where the title to property is i n ta xable property was assessed, and the value H
dispute. Las Partidas. pt. 3, tit. 3 . L 1 . of its IHteenth part (tben about £29.000) was
recorded in the exchequer, whence the tax,
FIERDING COURTS. Ancient Gothic
levied on that valuation, conti nued to be called
courts of an in ferior jurisdict ion, so called
a " fifteenth. '.' although, as the wealth of the
because four were instit uted within every
ki ngd om increased, the name ceased to be an
I
inferior district or hUlldred. 3 BI. Comm . �4.
accu rate deSignation of the proportion of the
FIERI. Lat. To be made; to b e done_ tax to the value taxed. See 1 Bl. Corom. 309.
See IN FIERI.
FIGHT. An encounter, with blows or
FIERI FACIAS. (That YOll calise to be other personal vil)ience, between two persons.
J
made.) In practice. A writ of execution See 73 N. C. 155.
commanding the sheriff to le vy aud make
FIGHTWITE. Sax. A mulct or fi n e
the amo u nt ot a jUdgment from the goods
for mak ing a quarrel to the dist urbance of
and chattels of the judgment deLtor.
the pescl.". Called also by Cowell "fo1'isfac­
K
FIERI FACIAS D E BONIS ECCLE­ tU1'a puynre. OJ The alilount was one hundred
SIASTICIS. ",Vhen a sheri If to a common and twenty Shillings. Cowell.

ji. fa. returns 11'Ulla buna. and that the de-­

FIGURES. The numerical cbaracters by
fend ant is a benefic('d clerk, not baving any
whi ch numbers are expres sed or written. L
Jay fee, a plaintiff Ill;-lY issue a fi. fa. de bonis
ecclesia,�· ti<:is, add res sed t(l Lhe bishop of the FILACER. An officer of the superior
diocese or to the archbishop, (d uring the va­ courts at 'Vestrn inster, whose duty it was to
cancy of the bishop'S see,) commanding him file the wr its o n w hi c h he made process.
to make of the ecclesiasti cal gooJs lInel ch at� There were fourteen t1Iacers. and it was their M
tElls belonging to tbe defenuallt within biB d uty to make out all or i gi n al prot:ess.
 FILARE 492 FILUM

Cowell ; Blount. Tbe office was abollsbed In FILIOLUS. In old records. A gods.n;
1837. Spel man.

FILARE. In old Engl ish practice . To

FILIUS. Lat. A son ; a chUd.
Ole. Townsh. Pl. 67.
A distinction was sometimes made. in the olvil
FILE, 'C. In pract.ice. To put u pon the law, between "fiUi" and " Libert : " the latter word
Including grandchildren, (nepotes,) the former Dol
Illes. or deposi t i n the c ustody or among the
Inat. 1 , 14. 5. But, according to Paulus and Juli·
records of a court. . anus, they were of equally extensive import.. Dig.
" Fili n g a bill " in equity is an eq ui valen t SO, 16, 84; Id. 50, 16, 201.
expnJ8sion to " com m enci ng a su i t. n
Filius est nomen naturreJ sed hoorell
"To file" 8 p ap er, on the pal't o f a party. is
nomen juris. 1 Sid. 193. Son is a narn e ot
to place it in the official cuslody of the cleJ'k.
nature, but heir is a name of law.
'''£0 file. " on the part of tue clerk, is to ill­
dOI'�e upon the paper the date of its reception, FILIUS FAMILIAS. In the clvi/ IAw.
ami ret ai n it in his office, subject to i n sp ec­ The son of a family; an unemancipatell son.
tion by whomsoever it may concern. 14 l nst. 2, 12. p r . ; Id. 4, 5. 2; Story. Conti. 1..1.WS,
Tex. 339. § 61.
o The expl"essiODs "filing" aud "entering or rec­
ord" nre not. synonymous. They are nowhere so Filius in utero matris est pars visce­
used, but always com'ey distinct ideas. "Filing" rum matris. 7 Coke, 8. A son in th e moth­
origina.lIy signified placing papers in order on 0. er's womb is part of the mother's vitals.
thread or wire for safe-keeping. In this country
and at this day it means, agreeably to our practice, FILIUS MULIERATUS. In old En.
depositing them in due order in the propor omcn.
gl ish law. The eldest legitimate son of a
Entering of record uniformly implies writing.
wuman , who previously bad an ill egiti mate
2 Blackr. 247.
S'Oll by his father. Glan v. lib. 7, c. 1. Oth­
FILE, n. A thread , string. or wire u pon erwise called " mulier. " 2 Bl. Corum. 248.
which writs and ot h er exhibits in courts
and offices are fastened or filed for the more FILIUS NULLIUS. The son of nobody;
safe-keeping and ready turning to the same. i. e• • a bastard.
Spelman; Cowell ; Tornlins. Papers put to­
FILIUS POPULI. A flo n of the peoplej
g\·th e r and tied in b u ndl es. A paper is said
a natura l child.
also to be filed when it is deliveretl to tho
prope r officer, and by him received to be kept FILL. To make full; to complete; to ..t.
011 file. 13 Yin. Ab r. 211 ; I Litt. II3; 1 iaf)" or fulfill; to possess and pe rfo rm the du­
HaWk. P. C. 7. 207. But. in gene ral , " fi le, " ties of.
or "the files, " is ll sed lo osely to denote the The election of a person to anofHce constitutes the
official custody or the co u rt or the place i n essence or his appointment; but the omce cannot
the offic es of a court where t.he records and be considered as actually filled until his accept­
UDCC, either express or implied. 2 N . H. 202.
papers are kept .
Wbere one su bscribes for shares in a corporation,

FILEINJAID. Brit. A name gi ven to agl·eeing to "take and flU" a certaia number of
shares, assumpsit will lie against him to recover
villeins in the laws of Hoel Dda. Barring.
an assessment on his shares ; the word "flU. " In
Obs. St. 302 . this connection, amounting to a promise to pay as­
sessments. 10 Me. 478.
FILIATE. To fix a bastard child on some
'1'0 flU Il prescription is to furnish, prepare, and
o ne, as its fath er . To d{-'clare whose cll ild
combine the requisite materials in due proportion
It is. 2 W Bl. 1017. u.s prescribed. 61 Ga. 505.

Filiatio non potest probari. Co. Litt.

FILLY. A young mare: a female colt.
126. :F i li ati on cannot be pl'ovl!d.
An indictment char g i n g the theft of Ii "filly"
FILIATION. '.rhe relation of a child to i s not s ust ai n eu by proof of the larcen y of a
its parent; correlative to " paterni ty. " " ma re . " 1 Tex . App. 448.
Thu j ud i d al aSSig nm ent of an iIlegilim a te
FILUM. In old practice. A file: t. e., a
child to a deSignated m an as i ts fa tlle r .
th re ad or wire on which papers were stru n g.
In the civil law. The descen t of so n 01'
that being the ancient method of fllin g.
daughter. wUh regard to h is or her faLher,
A.n im aginary th r ead or line passi ng
mother, and their ancestors.
throu gh the mitldle of a stream or road, as in
FILICETUM. In old En gli sh law. A the phrases "filum aqu.a. " "filum via;" or
ferny or bracky ground ; a place where fern alo n g the edge or border, as in "jilum for­
grows. Co. LiLt. 4b; Shep. To uch. 95. esta. IJ
 �'ILUM AQU.tll . 493 FIXAL SETTLEMENT

FILUM AQUlE. A Lbread of water; a or pay it wi thout any fu rth er ascertainment

tine or w ater ; the m i ddle line of a st rea m of of rights or J u Lies. SO Me. 401.
wattr,
' supposed to di v ide it into two equ al
FINAL HEARING. This term desig­
parts. and constitu ting in ma ny ca.�es the
nates the tri al of an equity case upon the
�Ilul!(h\rv between the ripa rian proprietors on
merits. as distlnguisheJ from t he h ea ri ng of
each stdp.
any pre-liminary questions ariS i ng In the
FILUM FORllSTlE. Lat. The border cause, which are te rmed "i nterlocutory."
of tbe forest. 2 HI. Comm. 419; 4 Inst. 3U3. 24 Wis. 165.

FILU)1 VIE. T he thread or m iddle FINAL JUDGMENT. In p racti ce. 1l.

line of a road. An imHginHry line drawn j ud gme nt wh ich pu ts an end to an action at
thr,mgb the reid/lie of a road, and constitut­ law by decla ri ng that the plaintiff e ithe r has
ing the bOuD'hry between the owners of the or has not entitled h i mself to reco ver the
land 011 each side. 2 Smith, Lead. Cas. ( Am . remedy he sues for. 3 BI. Coro m . 098. So
Ed.) 98, ncte. distinguished from interlocutory judgments,
which m erely e:Jtablish the ri ght of the plain­
FIN. An end, or limit; a li mitation , or
tiff to recov el', in general terms. Id. 397.
period of Iimitatio:l.
A j ll dgmen t which determines a particular
• FIN DE NON RECEVOIR. In French cause.
law. An txception or plea founded on law. A j udgment w hjch cannot be appealed from,
which, witbm�\' entering into the merits of which is pe rfec tly conclusive u pon the mat­
the act,jori, shows tbat the plaintiff has no ter adjud icated . 24 Pick. 300. A.. ju ugment
right to IJri o g it, eitber because the time dur­ which term in ates aU l i ti gati on on the sn m e
ing wbich it o ught to have been brought has rig h t . The term " final j udg ment, U in the
elapsed, wbic!l is ca ll ed "prescription," or jUdiciary act of 1789, § 2S . includes both
that there has been a compromise, accord and species of j udgm en ts a� just deli ned. 2 Pet.
satisfactio n. or any other cause whicb bas 494 ; 1 Kent, Comm. 316; 6 How. 201, 209.
destroyed the righ t of action W h i c h once sub­ A j udgml' nt is final and co nc l u sive between
the parties . when rendered on a. verdict on the
aisteLi.
•r�
Poth. Proc. Oi vile, pt. I, c. 2, � 2 ,
2. merits, not only as to the facts act ual ly li ti •
G
gated unci decided, but also as to al1 facts nec�
FINAL. Definitive; term in ati ng ; com­
e5sarily involved i n the issue. 26 Ala. 504.
pleted ; last In its tJ se in ju risprudence, tllis
word is generally contrasted with "interlocu­ FINAL PASSAGE. In parliamentary
tory." la w . The final passage of a bill is the vote H

on iLs passage in eithe r house of the Jegislil�

FINAL COSTS. Such costs as are to be
ture, after i t has re cei vell the prescribed II um�
paid at t he end of tlle suit; costs, the lia­
bel' of readings on as many d i lereut
t days i n
bIlity for w hich d epends upon the final re­
ault of the Hli gat ion .
that house. 54 Ala. 613. I
FINAL PROCESS. The last proces8 in
FINAL DECISION. Ono from which
a suit; that is. writs of exeCll tion. Thus dis·
DO appt'al or writ of error can be taken. 47
t i n gu ished f ro m mesne process, which in­
lll. Ibl; 6 E!. & HI. 40�.
cludes all writs i ss u ed dUl'ing the progl't'�s of
a cause ancl before final j udg m e n t.
J
FINAL DECREE. A decree in equity
w hi ch fully and finally disposes of the w h ()le
FINAL RECOVERY. The Onal judg­
li�igaLion . d(>tenn i n i n g all qlle�tions raiscd by
ment in an action. Also the Jinal verdict in
tbe case, and leavlOg nULhiug t.hat requires
further j ud icial acti o n .
an actio n, as disti Ilgu ished from the judgment
K
enteretl upun it. 6 Allen, 248.
FINAL DISPOSITION. Whon it i.
FINAL SENTENCE. One which puts
said to be ps se nti al to the val id ity of an
an end to a case. Disting uisbed from inter­
award that it sh o ultl m<lke a " il n al (l isposi�
ti o n " of the matters embraced i n tbesubmis·
locutory.
L
sion. tillS term means such a disposition that FINAL SETTLEMENT, This term , as
n oUJ i ng further remains to fix the ri ghts a nd applied to the admin istration of an estate, is
o bligati ons of tilt:! parti es . and no further con­ usu al ly understood to have reference to the
troversy or litigati on is requireu or cun arise order of court approving the account which
on the mal.ter. It is sllch an award that the closes the business of the estate, and wb:ch
M
party against whom it is made can perform fin ally discharges the executor or auministra.
 FINALIS CONCORDIA 494 FINE NOl( CAPn:, 1)0. ETC.

tor from the duties ot his trust. 13 N. E. the " cog nizee " or " con n se,'," and the ftDl'I
Hep. 131. See, also, 65 Ala . 442. was said to be levied to bim.
In the law of tenure . A flne is a 00011·
FINALIS CONCORDIA. A final or
ey payment m:
lde by a feudal tcnant lo hia
conclus ive Hgreem en t. In the process of
lord. The most usual One is Lhat payal)le on
" levying a finc. I> tbis was a final agreem en t
the adm i tta nce of a new tenant. bllt thel e al'9
entered by the liti gati ng par ti es upon the
also due in some ma nors flnes upon aliena­
record. by pe rmisSio n of cOllrt. set .t li ng the
tion , on a license to demise the lands, or on
title tathe land, and which was bi nd i ng upon
the (ieath of the lord. or other events. Elton,
tllem like any judgmen t of tbe court. 1
Copyh. 159.
Washb. Heal Prop. *70.
In criminal law. Pecu n ia ry punishment
FINANCES. The public wealth of a i mpos ed by a la wful triuunnl upon a person
state or go v ernm ent, considered either 8tatic� convicted of crime or misdemeanor.
aUy (as the p roperLy or money which a state It means, among other t.hings, ... a. sum of money
now owns) or dynamically, (as its income, paid at tbe end, to make an end of a. transaction,
revenue. or p ublic reso urces. ) Also tbe rev· Buit, or prosecution ; mulct; penalty. II In ord[·
nary lega.l language, however, it. means a 8um of
enue or wealth of an individual.
money imposed by a court. according to la.w, as a
punishment. for t.he breach of Bome penal statute. .
FINAN CIER. A person employed In
22 Kan. 15.
tbe economical ma nage m ent and application
Itis not confined to a pecuniary punishUlentotar.
of p ubl ic money; one skilled in the manage­ oJ!euse, inflicted by 0. court. in t.bcQxorcls6 of crim·
ment of fiuancial affairs. inal jurisdiction. It has other meanings, and may
include a forIeiture, or a penalty recoverable by
FIND. To discover; to determine; to as­ oivil act.ion. 11 Gray, 873.
certain and declare. To announce a con cl u­
FINE AND RECOVERY ACT. Tho
sion, as the resu lt of j udi c ial illv�stigation,
English statutes 3 & 4 Wm. IV. c. 74, for
u pon a dis pu ted fact or state of facts; as a
aboli shi ng fines an d recoveries. 1 Steph.
j ury are said to " fi n d a will. " Todetermine
Comru . 514, et seq.
a controversy in fa vor of one of the parties;
as a j u ry " Hud for the plaintiff." FINE ANULLANDO LEVATO DE
TENEMENTO QUOD FUIT DE AN·
FINDER. One who discovers and takes TIQUO DOMINICO. An aboli shed writ
possession of another's perso nal property, for d i sannu ll i ng a fi ne levied of lanqs in an·
which was then lost. cient demesne to the prej udice of the lord.
A searche r employetl to discover goods im­ lleg. O rig. 15.
ported or exported without payi ng clIstom.
FINE CAPIENDO PRO TERRIS.
JaCOb.
An ohsolrte w rit which lay for a person who,
FINDING. .A. decis ion upon a question upon co n v ictio n by jury, had his lands and
of fact reached as the result of a j u dici al ex­ goods taken, and his body imprisoned, to be
amination or in vesti gatio n by a court. jury , re mitted his imprisonment, and have his
referee, coroner. etc. lands and goods redelivered to him, on ob­
taining fa vor of a su m of money, etc. Reg.
FINE, t). To impose a pecuniary p u nish­ O ri g. 142.
ment or m ulct. To sentence a person con­
victed of an offense to pay a penalty in FINE FOR ALIENATION. A fine

money. anc ie ntly payable upon the alienation of a

feudal estate and substitu�ion of a new ten­
FINE, n. In conveyancmg. An am ica­ an t. It was payable t.o th e lurd by all tenants
ble co mposi tion or agreement of a suit, either hold in g by Imight's service or tena n ts in
actual or fictitious, by letlve of th e court, by capite by soc age ten ure. .A uolished by 12
which the lands in q uestion becom�, o r are Car. II. c. 24. See 2 Bl. Com rn . 71, 89.
ack no wle dged to be , the right of one o( tbe
FINE FOR ENDOWMENT. A fine
p a rties . 2 Bl. Comru. 349. Fine:;) were abol�
ancien tly payable to the lord by the widow
isbed in En gla nd by St. 3 & 4 'V w . IV. c. 74.
of a tena nt. wlthout which she could not be
subs titu ting a disentailing deed , (q. v.)
endowed of her husband's l unds . Abolished
The party w h o parte d }\" l th the land. by
u nd er Henry I., and by Magna Oharta. a
acknowledging t i le right of t.he other. was
81. Comm . 135 j Mozley & "'hitley.
said to leV'J/ the 6ne. and was called tilt! " cog­
nizor" or Hconusor, " while the P<>'l'ty who re­ FINE NON CAPIENDO PRO PUL­
covered or received the estate was termed CRRE PLACITANDO. An obsolete wril
 nNE Fno REDISSEISIN A. ETC. 495 FlIlE

to Inhibit officers ot courts to take fines for ly denied his own deed, or did anything in
lair pleading. contempt of law. Tel'mes de la Ley.

FINE PRO REDISSEISINA CAPI­ FINlRE. In old English law. To fine,

ENDO. An old writ that IlW for the release or pay a fine. Cowell. To end or finish a
ot ODe imprisoned for � �
redi seisin . on P;lY­ matter.
w ent of a reason able fine. H.eg. Orig. 222.
FINIS. An end; a fine; a boundary or
FIN E S U R COGNIZANCE DE termin us ; a limit.
DROIT COME CEO QUE IL AD DE
Finis est amicabilis compositio et
SON DONE. A fine upon ack nowlel1g­
finalis concordIa ex consensu et concor­
ment of the right of lhp cog n i zee as Lhat
dia domini regis vel justiciarum. Glan.
which he hath of the gift of the cognizor.
lib. 8, c. 1 . A. une is an amicab le settlement
By tllis Lhe deforciai l l. a cknowledged in court
a nd decisive agreement by consen t and agree­
a former foeffment or gift in possession to
ment of our lord, tbe king, or his justices.
have bt!6n made by him to the plaintiff . 2
BI. Comm. 352. Finis :finem litibUB imponit. A fine
puts an end to litigation. 3 lnst . 78.
FINE SUR COGNIZANCE DE
DROIT TANTUM. A fine upon ackno wl­ Finis rei attendendns est. 3 lnst. 51.
edgment of the right merely . and not with The end of a thi ng is to be attended to.
the circumstance of a p1'eceding gift from
Finis unius diei est pl'incipium n.lteriw
the cognizor. This was commonly used to
us. 2 BuIst. 305. The end of one day 18
pass a 1'eversionary interest which was in the
the beginning of another.
cognizor, of which there could ue no foeff­
ment supposed. 2 Bl. Comm. 353; 1 Steph. FINITIO. All ending ; death. as the end
Corum. 519. of life . Blou n t ; Cowell.

FINE SUR CONCESSIT. A H n e upon FINIUM REGUNDORUM ACTIO.

concessit, (he hath gran ted. ) A species of In the civil law. Action for regulating
fine, wh ere the c ogniz� r, in order to make boundaries. The name of an action which
an end of disputes, though he acknowledged lay between t,llose who had lands bordering G
no preCede!lt right, yet granted to th e cogw on each other, to settle disputed boundarie�_
nizee an estat" de noco, us ually for life or Mackeld. Rom. Law, § 499.
years, by way of 8 upposed composition. 2
FINORS. Those that p nrify gold and
BJ. Coillm. 353; 1 Steph. Comm. 519.
si lve r, and part them by fire and water from H
FINE S U R DONE GRANT ET coarser metals; and therefore, in tbe statute

RENDER. A double fine, comprehending of 4 Hen. VII. c. 2. tlwy .ue also ca.lled
the fine l{U1' cognizance de clmit come ceo and "p,u'ters." TC l'mes de la Ley.
the fine $'Ulr l;oncessU. It might be used to
FIRDFARE. Sax. In old Engl ish law.
convey particul ar limitations of es tates ,
A summoning forth to a mil itary exveditioh.
wbereas the fine sur cvgnizance de d<l'oit
(indictio ad p1"ofectionem. militarem.) Spel -
come ceo, etc., con veyed nothing but a n abso�
man.
lute estate, either of inheritance, or at least
freehold. In this last spt'cies of fines, t h e FIRDIRINGA. Sax. A preparation to J
cognizee, after the right was ackno wledged to go into the army. Leg. HeR. 1.
be in him. gran ted uaek again or rend ered to
FIRDSOCNE. Sax. In old English
the cogn izor, or perhaps to a stranger. some
law. Exemption from miJitary ser vice.
other estate in the premises. 2 BI. Comm.
553.
Spelman. K
FIRDWITE. In old English law. A
FINE-FORCE. An absol ute D eces �ity
fine for refusing mil itary service. (mulcta
or inev itable constraint. Plowd. 94; 6 Coke,
detrectantis militiam.) Spelman .
11; Cowell.
A fine imposed for murder comm itted in l
FINEl\l FACERE. To make or pay a thearmy; an acquittance of such fine. Fleta,
fine. Bract. 106. lib. 1, c. 47.

FINES LE ROY. In old E nglish law. FIRE. The effect of combustion. The
'fhe kin g's fines. Fines fo rmerly payable to jurid ical meani ng of the word does not differ M
the king for any contempt or offe n se, as from the vernacular. 1 Pars. ,Mal'. Law, 231,
where one committed any tre�pass, or false- et seq.
 FIRE AND SWORD. LETTERS OF 496 F1RMITAS

FIRE AND SWORD, LETTERS OF. other parts of the building not so character·
In old Scotch law. Letters issued from the ized, and warrants the collclusion that it ill of
privy coundl in Scotland, addressed to the a different material. 102 N. Y. 459. 7 N.
sheriCf of the county, authorizing h i m to call E. Rep. 321.
fur the assistance of the county to dispossess
FIRKIN. A measure containing nIne
a tenant retaining possession, contrary Lo the
gallo ns ; also a weight of fifty-six pound�
order of a j udge or tlle .sentt::Dce of a court.
avoirdupois, used in weighing butter and
W harton .
cheese.
FIRE-ARMS. This word comprises all
FIRLOT. A Scotch measure at capacitYt
sort.s of guns, fowling-pieces, blunderbusses,
containing two gallons and a pi nt.. Spel­
pistols, etc.
man.
FIREBARE. A beacon or high tower by
FIRM. A partnership; tho group ot per­
the seaside, wherein are continual lights.
sons constituting a p artnership .
either to direct sailors in the night, or to gi ve
The narue o r title under which the memo
warning of the approach of nn enemy.
bel'S of a partnership transact business.
Cowell.
FIRMA. In old E nglish law. The COD­
FIRE-BOTE. An allowance of wood or
tract of lease or letti ng; also the rent (or
estovers to ma intain competent firing fol' the
farm) reserved upon alease of lands, w hi ch was
tenant. .A sufficient allowance of wood to
freq uently payable in provisions, but some·
burn in 8 house. 1 \Vashb. Real Prop. 99.
times i n mODsy. in which latter case it Wad
FIRE INSURANCE. A contract of called c. alba firma." white rent. A messuage,
insurance by which the underwriter, in COll M with the house and garden belonging thereto.
sideration of the prem ium. un dertakes La in­ Also provision for the table : a banquet ; a
demnify the insured against all losses in his tribute towards the entertainment of the king
houses, buildings, furniture, sh i ps in port, for one ni g ht.
or merchandise. by means of accidental fi re
FIRMA FEODI. In old E nglish law. A
happening within a prescribed period. 8
farm or lease of a fee; a fee-farm.
Kent. Comm. 370.
FIRMAN. An Asiatic word denoting
FIRE ORDEAL. In Saxon and old En­
a decree or grant of p rivileges. 3r passport to
glish law . The ordeal by fire or rcd-hot iron,
a traveler.
which was performed �itller by taking up in
the hand a piece of !'ed-hot iron, of one, two, FIRMARATIO. The right of a tenant
or th ree pounds weight, or by walking bare­ to his lands and tenements. Cowell.
foot and blindfolded over nine red- ho t pl o w­
FIRMARIUM. III old records. A place
shares, laid lengLh wise at unequal distances.
in monasteries, and elsewhere, where the
4 BI. Comm. 343; Cowell.
poor were received and supplied with food.
FIRE POLICY. A contl'act of insurance. Spelman. Hence the word "infirmary."
by which, in consideration of a single or pe­
FIRMARIUS. L. Lat. A lermor. A
riodical payment of premium, (as the case
lessee of a term . Firmarii comprehend all
may be.) tile company engllges to pay to the
such as hold by lease for life or lives or for
assured such loss as may occur by fire to his
year, by deed or without deed. 2 lust. 144,
property therein described, within the period
145; 1 Washb . Real Prop. 107.
or periods therein s p ecified. to an amounL not
exceeding a pa rtic ula r s u m fixed for that PUl'­ FIRMATIO. The doe season. Also a
pose by the policy. 2 S teph . Comm. 180. supplying with food. Cowell.

FIRE-PROOF. '1'0 say of any article FIRME. In old records. A farm.

that it is " fi re-proot" conveys no olher idea
Firmior et potentlor est opera.tio le­
than th at the material out of which it is
gis quam dispositio hominis. The opera­
formed is incombustible. To say of a uuild­
tion of the law is firmer and more powerful
ing t h at. it is fire-proof excludes the idea that
[or efficaciolls] th an the disposition of mlln.
it is of wood, and necessarily implies that it
Co. Litt. 102a.
is of some snustance fit ted for the erection of
fire-proof bUIldings. To say of a certain porM FIRMITAS. In old English law. An
tion of a building that it is fire-proof sug­ assura.nce of 80me privilege. uy deed or chur­
gests a. comparison between that porti on an ti ter.
 FIllMURA 497 FISHERY LAWS

FIRMURA. In old E n gl ish law. Lib­ the coll ection of public revenues, either dl­
erty to sCOlir and repai r a m i ll-dam, and carry rettly or by Lhe i m position of fines. See
away the soil, etc. Dlount. opelman, voc. "Grafio,"

FIRST - CLASS MISDEMEANANT. FISCUS, In Roman law. The treasu­

In English law. Under the prisons act (28 ry of the pri nce or em peror, as distinguished
& 29 Vi ct. c. 126. § 67) prisoners in ill. from "cerariwn. >I wh ich was th e treasu ry of
eounty. city, and borough pr isons coo\'icted the state. Spelman.
ot misdemea nor, and not sentenced to hard The treasury or property of the state, as
labor . are divided inLo two cl ass es, one of distiugu i sh ed from the prht ate property of
which is called the " first division;" and it the sovereign.
is in the discretion of tile court to order that In English law. The king's treasury. as
lIuch a priso ner be treHted as a misdemeanant the reposi tory of forfeited property.
of the first division, u s ual ly called " first­ The treasury of a noble. or of any private
elas'; misdemeanant." and as sucb not to be person . Spelman.
deemed a criminal priso n er. i. e., a prisoner
eollvlcted. of a crime. BOllvier. FISH. An an imal which inhabits the
water, breathes by meaus of giIls, swims by
FIRST FRUITS. In English ecclesI­
the aid of lins. and is oviparous.
astical law. The first year's whol e profits
ot every benefice or spirit u al livi ng. anCiently FISH COMMISSIONER. A public of­
pilid by the incumbent to the pope, but af ter­ ficer of tbe U nited States, cl'eated by act of
WR.rdB transferred to the fund called " Q ueen congress of F ebr uary 9. 1871. w bose duties
Anna'� Bounty, n for i ncreasin g the reven ue pri nci pall y con cern t he pres ervation and in..
tron poor Ii vi ngs. crease throughout the coun try of fi sh suita
..
In feudal law. One year's profits of land ble for food. Rev. St. § 4395.
which belonged to the king on the death of a
FISH ROYAL. These were the whale
tSIH\i1t in capite; otherwise called "p1'ime r
and the stu rgeo n . which, when thrown ashore
.e18ln," Onod of the i ncide nts Lo the old feud·
or caugbL near the coast of England, lJecam e
at tenures, 2 BI. Comm . 66. 67.
the property of the king by virtue or h is pre- G
FIRST IMPRESSION. A case is said rogative and i n recompense for his protecti ng
U' be "of tbe first i m press ion " when it pre­ the shore from pi rates and rohbers . Bro wn ;
lents an entirely novel qnes tio n of law for 1 BI. Comm. 290.
the decisio.:l of the court, and cannot be gov­
erned by any existi ng preceden t .
FISHERY. A plac e prepared for catch- H
ing fish with nets or hooks. This is com·
FIRST PURCHASER. In the law of mo n ly appl ied to the place o r dra w ing a seiDe
descent. this term s igni fi es the ancest..or who or net . I Whart. 131, 132.
111'8t acquired ( in any other manner than by A rigbL or liberty of taki ng fish; a species
lobaritance) the estate which still remains in of incorporeal hereditament, anCiently termed I
bia Camu] or descenda.nts. "piscary, " of which there are several kinds.
2 BJ. Coro m. 34. 39; 3 Kent. Comm. 409-418.
FISC. An Angl icized form of the Lati n
"ft,lcu,s, II (which see. )
Afreejtsh�ry is said to be a franchise in t.he
ha.nds of a Bubject" existing by grant or prescrip­

FISCAL. Bel onging to the fisc, or pub­ Lion, distinct from an ownership in the soil.
an exclusive right, and ap9lies to 0.
It is
public naviga­
J
lic treasury. Relating to accounts or the
ble river, without any l'ight in the soil. 3 Kent,
management of revenue. Comm, 329.
A ccnnmon of fishery is not an exclusive right.
FISCAL AGENT. T h is term does not
butane enjoyed in common with certain otber per-
necessarily lUean depositary of the public sons, 3 Kent, Comm. 829, K
funels, so as. by the sim ple use of it i n a A several jishery is one by which the party
statute , without any d i rections in this re­ claiming it has th.e right of fishing, independently
of all others, 80 tbat no person can have a co-ex ·
spect, to make it the duty of the sti.l le treas­
tensi\'e right with him in the object claimed ; but
urer to deposit with him any moneys in the
tr�r.cury. 27 La. Ann. 29.
a partial and independent right in another, or a
limited Uberty. does not derogate from the right. L
of the owner. 5 BUrl'OW8, 2814..
FISCAL JUDGE. A public otllcer
named in the l a ws of the R ipuaria n s and FISHEUY LAWS. A ser i•• of statutes
some other Germanic peoples, appare ntly the pass ed i n E ngl and for the regu lation of fish.
Bame as the II Gr4!, " "1°ee've, 1I " comes. " or iog, especially to pre ve nt the destruction of M
"count, II and so called because charged with fish d u ring the ureedin g season, and of small
A.lL DIO'l'. LAw-32
 FISHGARTH 498 FLAG OF THE UNITED tiTA'fES

fish, spawn, etc., and the employment of 1m· affixed to the freehold. The word is amodern one,
and is generally understood to comprehend any
proper modes of taking fish. 3 Steph . Corom.
article which a tenant has the power to remove. I
165.
Mees. & W. l74i 80 Pa. St. IS5, IH9.

FISHGARTH. A dam or w ear in a rlver
for taking fish. Cowell.
FISHING BILL. A term descriptive of
a bill in equity which seeks a discovery upon
general, loose, and vague allegations.
Eg. PI. § 325; 32 Fed. Rep. 263.
Chattels which, by being physi cally an­
nexed or affixed to real estate, become a part
of and accessory to the freehold, and tbe
property of the owner of the land. Hill.
Story, Things hedor affi.xed to other thillgs. The rule
of law regarding them is that which is expressed
In the maxim,"accessto cedtt principaL!
. .. "thane­

FISK. In Scotch 10 w. The jlscu. or fisc. cessory goes with, and 8S part of, the principal
subject·matter." Brown.
The revenue of the. crOWD. Generally used
A thing is deemed to be affixed to lImd when itu
of the personal estate of a rebel which bas attached to it by roots, as in the case of tre8lt
been forfeited to the crown. Bell. vines, or shrubs; or imbedded in it, as in the caM
at walls j or permanently resting upon it, as in the
FISTUCA, or FESTUCA. In old En· case at buildings ; or permanently attached to
glish law. The rod or wand. by the delivery what is thus permanent, as by means at cement,
of which the property in land was formerly plaster, nalla, bolts, or screws. Civil Code Cal

transferred in making a feoffment. Called,

I (l6().
also, II baculum . " " 'Dirga. " and "fusUs." That which is fixed or attached to aome­
Spel man. thi ng permanent.ly as an appendage. and DoL
removable. \Vebster.
FISTULA. In tbecivil law. A pipe for
Tha.t which is fixed j a pieceot turnituro Ih:ed to
conveyi ng water. Di g . 8, 2, 18. a house. as distinguished from movable ; somethinl
med or immovable. Worcester.
FITZ. A Norman word, meaning "son."
The general result seems to be tbat three "iow.
It is used in law and genealogy ; as Fitzher­ have been taken. One i s that "fixture" mean.
be1·t, the son of Herbert ; Fit4,james, the son somet.hing which has been affixed to the realty, 80

of James; Fitzroy, the son of the king. It as to become a part at it; it is fixed, irremovable.
An opposite view is that ".fixture" means SOUle­
was ori ginally applied to illegitimate child reno
thing which appears to be a part of the realty, but
is not fully so; it is only a chattel fixed to it, hut
FIVE-MILE ACT. An act of parliament,
removable. An intermediate view is that "fixture"
passed In 1665. against non-conformists. means a chattel annexed, affixed, to the realty. but
whereby ministers of t h at body were pro­ importB nothing as to whetheritisremovable; that
hibited from coming within five miles of any is to be determined by considering its circuUl.
stances and the relation of tho parties. Abbott.
corporate to wn, or place wbere they bad
preached or lectured. Brown. FLACO. A place covered with standing
FIX. To liquidate or render certain. water.
To fasten a liability upon one. To trans­ FLAG. .A. national standard on which
form a possible or contingent liability i nto 8 are certai n emblems; an enSig n ; a banner.
present and definite liability. It is carried by soldiers� ships, etc., and com­
FIXING BAlL. In practice. Hender· monly displayed at forts and wany other suit.
ing absol ute the liability of special bail. able places.

FIXTURE. A fixture is a personal chat­ FLAG, DUTY OF THE. This was an

tel substan tially affixed to the land. but which
may a.ft erwards be lawfully removed there­
from by the party affixing it, or his repre­
Bentati ve, without the consent of the owner
of tho freehold.
8 Nev. 8 2 ; 18 Ind. 231; 8
Io wa, 544.
Personal chattels which have been annexed to
land, and which may be afterwards severed and
removed by the party who has annexed them, or
bis personal representative, against the wiU at tho
owner at tho treehQld. ForaI'd, Fixt. 2 j Bouvier.
The word ".fixtures " has acquired the peculiar
meaning ot chattels which bave been annexed to
the treehold, but which are removable at the wlll
ot tbe person who annexed th�m. 1 Cramp., M. &
R. 2M.
"Fi xtures " does not necessarily import thbap
ancient ceremony i n acknowledgment of
British sovereignty over the British seas, by
which a foreign vessel struck her flag and
lowered her top-sail on m eeti ng the British
flag.
FLAG OF THE UNITED STATES.
By the act entitled II An act to establish t.he
flag of ihe United States , " (Re v. St. §� 1791,
1792,) it is provided " t.hat. from and after
the fourth day of July next, the flag of the
United States be th irteen horizontal stripes.
alternate red and white; t.hat the u nion be
twenty stars, white in a blue field ; that. on
the admission of every ne w state into the
Union, one star be added to the union of the
 FLAGELLAT 499 F LOATABLE

Oag; and that such addition shall take effect FLEE FROM JUSTICE. To leave
on the fourth day of July then next succeed­ one's home, residence, or known 'Place or
ing such admission. tI ulJOde, or to conceal one's self therein. with
intent, in either case, to avoid detection or
FLAGELLAT. Whipped; scourged. An
punishment for some public offense. 3 Dill.
entry on old Scotch records. 1 Pite. Crim.
381; 48 Mo. 240.
Tr. pt. I, p. 7.
"FLEE TO THE WALL." A meta·
FLAGRANS. Burning; raging; In act­
phorical expression, used in connection with
ual perpetration. F'lagra'J'l.� bellum, a war
homicide done in self-defense, signifying tile
actually going on.
exhaustion of every possible means of es­
FLAGRANS CRIMEN. In Roman ca.pe, or of averting the assault, before kUl·
law. A fresh or recent crime. This term ing the assailant.
designated a crime i n the very act of its
FLEET. A place where the tide flows;
commission, or while it was of recent occur..
8 creek. or inlet of water; a company of
rence. ships or na.vy, a. prison ill London, (SO called
FLAGRANT DELIT. In French law. from a river or ditch focmerly in its vicini­
A crime wl1ich is in actual process of per­ ty,) now abolished by 5 & 6 Vict. c. 22.
petration or which has jtlst been committed.
FL� M. In Saxon and o,ld English law.
Code d'Instr. Crim. art. 41.
A fugitive - bondman or villein. tipelman.
FLAGRANT NECESSITY. A case of 'fhe privi lege of having the goods and fines
urgency rendering lawful an otherwise illegal of fugitives.
act, as an assault to remove a man from
FLEMENE F R I T, FLEMENES
impending danger.
F R I N T H E-FLYMENA FRYNTHE.
FLAGRANTE BELLO. During an The reception or relief of a fugitive or out·
aetnal state at war. law. Jacob.

FLAGRANTE DELICTO. In the very FLEMESWITE. The possession of the G

act of committing the crime. 4 Bl. Comm. goods of fugitives. Fleta, lib . 1. c. 147 .
807.
FLET. In Saxon law. Land; a bousej
FLASH C H E C K. A check drawn bowe.
upon a banker by a person who has n o funds
at the banker's, and knows that such is the FLETA. The name given to an ancient H
case. treatise on the la WB of England, founded
mainly upon the writings of Bracton and
FLAT. A place covered witb water too Glanville, and supposed to have been written
shallow for navigation with vessels ordina­ i n tbe time of Edw. I. The author is un­
rily used fot' commercial purposes. 34 Conu. known, b u t it is surmised that he was a j udge
870; 7 Cush.. 195 . or learned lawyer who was at that time can·
fined in the Fleet pi'json, whence the name
FLAV I A N U M JUS, In Roman
of the book.
la.w. The title of a book containing the
forms of actions, published by Cneius Fla­ FLICHWITE. In Saxon law. A fin e J
vius, A . U. C. 449. Mackeld. Rom. Law, o n account of brawls and quarrels. Spel­
§ 39. Calvin. man.

FLECTA. A feathered or neet arrow. FLIGHT. In criminal law. The act of

Cowell. ODe under accllsation, who evades the law by K
voluntarily withdrawing himself. It is pre­
FLEDWITE. A discharge or freedom
sumptive evidence of guilt.
from amercements where one, having been
an outlawed fugitive, cometh to the place of
FLOAT. In American land law. espe-
our lord of his own accord. Termes de la l
cially in the western states. A certificate
Ley. authorizing the en try, by the holder, of a cer�
The liberty to bold court and take u p lain quantity of land. 20 IIow. 501, 504.
the amercements for beating aud striking.
Cowell. FLOATABLE. Used for fioating. A
M
The fine set on a fugitive 118 the price of floatable stream is a stream used for nosting
1btaining the king's freeuom. Spelman. logs, rans, etc. 2 Mich. 519.
 FLOATING CAPITAL 500 FLUVIUS

FLOATING CAPITA L, (or circulatin g torch�light, in the presence or two magis .

capital.) The capital w hi ch is consumed at trates. and two Cistercian monks, with their
eacb operation of production and re<lppears heads uncovered. They have been SHCCP-S'
transformed into new pruducts. At each sale sively collated by Politi an, Bolognini, and
of these products the capital is represented in .Antonius Augustinus. An exact copy ot
cash, anu lt is from its transformations that t hem was published i n 1553 by Franciscu5
profit is derived. Floating capital includes Taurellus. For its accuracy and beauty,
faw materials destined for fabr i ca tion . such this edition ranks high among the ornamenta
as wool and flax, products in the warehouses of thl'l press. Brenchman, who collated the
of man ufacturers or merchants, such as cloth manuscript about 1710, re fers i t to the sixth
and linen, and money for wages. and stores. century. Dutl. ITor. Jur. 90, 91.
De La veleye, Pol. Eo.
FLORIN. A coin originally made at
Cap ital retained for the purpose of meet..
F lor enc e. now of the value of about two En..
ing current expendit ure.
glish Shillings.
FLOATING DEBT. By this term is
meant that mass of lawful and valid claims FLOTAGES. 1. Such things as by ace!·
again sf the co rp ora tion for the payment of dent s w i m on the top of great ri vers or th&

wh ich there is no mon ey i n tlle corporate sea. Cowel l ,

t reas ury speci Hcally deSigned. nor any taxa� 2. A commission paid to water bailiffs.
tion nor other I:J?eans of providing money to Cu n. Di ct.
pay particlllal'ly prov id ed . 71 N . Y. 374.
FLOTSAM, FLOTSAN. A name lor
Debt not in the for m of bonds or stocks the goods whieh float upon the sea when cast
b(;>aring regu lar interest. Pub. St. Mass.
overboard for the safety of the Ship, or when
1882, p. 1290.
a ship is sunk. D istin g ul shed from "jet­
FLO DE-MARK. Flood-mark, high.wa­ sam" and " li ga n . " Bract. lib. 2, c. 5; 5 Coke,
tel' mark. The mark which the sea. at £low. 106; 1 BI. Comm. 292.
ing water and h ighest tide, makes on the
FLOUD- MARKE. In old English law.
shore. Blount.
High-water mark; flood4wark. 1 An4. SH, 89.
FLOOR. A section of a building between
horizontal p lanes. 145 Mass . I, 12 N. E. FLOWING LANDS. T bis term ha.

Hep. 401 . acq uired a definite and spec ific m eanin g ill

A term used metaphorically. in parlia­ law . It commonly im ports raiSing and set...

mentary practice, to denote the exclusive ting back wnter o n another's land, by a dam

right to address the body in session. placed across (\ stream or water�course wh ich
A
member who has been recognized by the is the natural drain and outlet for surplus
water on such land . 2 Gray, 235.
cllairman, and who is in ord er, is said to " have
the floor. " until his remarks are concluded.
FLUCTUS. Flo od ; flood·tide. Bract.
Similarly, the "floor of the house" means the tol. 255.
main part of the hall where the members sit,
as distinguished fro m the galleries, or from FLUMEN. In Roman law. A serv i..

the corridors or lobbies. tude which consists in the right to condnct

In England, the floor of a cou rt is that the rain�water, collected from the roof and

part bet,"ecn the j u d ge' s bench and the front carri ed off by the g utters, on to the bouse or

row of counsel. Litigants il pp E'a ri ng in per4 ground of oue's neighbor. Mackeld. Rom.
son, in the high court o r court of ap pea l . are Law, § 317; Ersk. I nsL . 2. 9, 9. Also a riv·
supposed to address the court from the floor. er or stream.
In old English law. Flood; tlood·tide.
FLORENTINE PANDECTS. A copy
of the Pandects discovered acciden tally about Flumina et portus publica sunt,
the year 1137, at .Amalphi, a towu in Haly, ideoque jus piscandi omnibus commune
near Salerno. From .Amalphi, the copy est. Rivers and ports are public. There­
found its way to Piaa. and. Pisn havin g sub� fore the right of fishing there is common to
m itted to the Flol'entines in 1406, the copy aU. Day. Ir. K. B. 55: Branch, Prine.
was I'emoved in great triumph to Florence.
FLUMINlE VOLUCRES. Wild fowl:
By direction of the m agistrates of the town,
water4fowl. 11 Enst, 571, note.
It was immediately uound in a snperb man­
ner, and depo.'3ited in a costly chest, For. FLUVIUS. A riv er ; a public river:
merly, these Fandects were shown only by flood; flood4tide.
 FLUXUS 501 FOLC-LAND

FLUXUS. In old E n glish law. Flow. for the loan of money on the hi17.ard of a voy·
Per flUXltm et reflu�;um maris. by the flow age; sometimes calltlll. "usuTa maritima."
nDd reflow of the sea., Dal. pI. 10. Dig. 22, 2; Code, 4. 33; 2 BI. Comm. 458.
The extraordinary rate of interes� proportioned
FLY FOR IT. On 8 criminal trial in
to the risk, demanded by a person ending money
l
fUrmer times. it was usual after a verdict of on a ship, or on "bottomry, " as it is termed. The
not gui lty toinq n i re also, .. Did be fly for' it?" agreement for such a rate of interest is also called
This practice was abolished by the 7 & 8 Geo. "Jamul nauUcum. " (2 Bl. Comm. 458; 2 Steph.
C(Jmm. ga.) M.ozley & Whitley.
rv. c. 28, § 5. Wharton.
F<ESA. In old records. Grass; berbage.
FLYING SWITCH. In ra i l roading, a
2 Mon . AngI. 906b,. Cowell.
dy ing switch is made by uncoupling the carS
trom the engine while in motion, and thr o w­ F<ETICIDE. In medical jurisprudence.
ing the cars onto theside track, by turning DestructIon of the fcetU8; th e act by whIch
the switch, after the engine bas passed it criminal abortion is produced. 1 Beck,Med.
upou thp main track. 29 Iowa, 89. S ee , Jur. 288; Guy, Med. Jur. 133.
also, 82 N. Y. 597, note .
FCETURA. In the civil law. The prod­
FLYMA. In old English law.
run­ A uce of animals, and the fruit ot other prop-­
awaYi fugitive; one escaped from justice, or erty, which are acqu ir ed to the owner of such
.
who bas no 41 blaford . " animals and property by virtue of his right.
Bowyer, Mod. Civil Law, c . 14, p. 81.
FLYMAN· FRYMTH. In old En gli sb
law. The offense of harboring a fug i ti ve. F<ETUS. In medical jurisprudence. An
the penalty attached to which was one of the unborn cbild. An infant in ",entre sa m�1"8.
rights of the crown.
FOGAGIUM. In old English law. Fog­
FOCAGE. House-bote; fire·bote. Cowell. age or fog; a kind of rank grass of late growth,
and not eaten in summer. Spelman ; Cowell.
FOCALE. in old En gl isb law. Fir...
wood. The right of taking wood for the fire. FOI. In French feudal law. Faith :
Fire·bote. C u nn ingham . fealty. Guyot, Inst. Feod. c. 2 .

FODDER. Food for horses or cattle. In FOINESUN. I n old E n glish law. The G
fe u dal law. the term also denoted a preroga­ fawning of deer. Spelman.
tive of the prince to be provided with corn. FOIRFAULT. In old Scotcb law. To
etc .. for his horses by bis Bubjects in his wars.
forfeit. 1 How. State Tr. 927.
FODERTORIUM. Provisions to be paid FOIRTHOCHT. In old Scotcli law. H
by custom to the royal purveyors. Cowell. Forethought ; premeditated. 1 Pita. Crim.
Tr. pt. I, p. 90.
FODERUM. See FODDER.
FOITERERS. Vagabonds. Blount.
FODINA. A mine. Co. Litt. 6a.
FOLC-GEMOTE. In
Saxon law. A I
FCEDU8. In interoational law. A. trea-
general assembly at the people in a to wn or
'Y; 8 league; a compact.
shire. It appears to have had judicial func.
FCEMINA VIRO CO· OPERTA. A tions of a lim ited nature, and also to have
discharged political offices. such as deliberat.
married woman ; a feme oo'Ot"rt.
tng upon th e affairs of the commonwealth or
J
Fceminre ab omnibus officiis clvilibus
complaining ot misgovernment. and proba·
vel publicis remotre Bunt . Women are
bly possessed considerable powers of local
excluded from all civil and public cbarges or
self.government. The name was also given
oOlce!:!.
& W. 216.
Dig. 50. 17. 2 ; 1 Exch. 645; 6 Mees. to any sort of a popillar assembly. See Spe}. K
man; Manwoodi Cunn ingham .
Fceminoo non 8unt capaces de publicis
FOLC·LAND. In Saxon law. Land of
offi c iis . Jenk. Cent. 237. 'Vomen are not
the folk or people. Land belonging to the
admissible to publ ic offices.
people or the public.
FoIc-land was the property of the community.
l
FCENERATION. Lending money at In­
It might be occupied in common, or possessed in
terest; the act of putting out money to usury.
severalty i and, in tho latter case, it was probably
parceled out to individuals in the folc-gemote or
FCENUS NAUTICUM. In tbe civil
court of the district, and the grant sanctioned by
law. Nautical or maritime interest. An ex­
the freemen who were there present. But, while M
tl'mm.li nary rate of interest agre ed to be paid it. cont.inued to be fol�l.aDd, it could not be alienat.
 FOLC-MOTE 502 FOR THAT

ed In perpetuity i and therefore, on the expiration
of the term for which it had been granted, it re­
verted to the community, and was agaill distributed
by the sa.me authority. It was subject to many
burdens and exactions from which boc-Iand was
exempt. WbartOD.
proceedings, means one bundred words, counting
every figure necessarily used as a word; and any
portion of a folio, when in tbe whole drn!t or figure
there is not a. complete folio, fl,od when there iannI
excess over the last fOliO, sha-ll be computed as .
folio. Gen. St. Mian. 1878, 0. 4, 5 1, par. 4.

FOLC-MOTE. A general assembly of F O L K - L A N D ; FOLK-MOTE. Set

the people, under the Saxons. See FOLC­ FOLo-LAND ; FOLC..GEMOTE.
GEMOTE.
FONDS PERDUS. In French law. A
FOLC-RIGHT. The common right of capital is said to be invested a fonds pe1'd'tu
1 BI. Com m. 65. 67.
all the people. when it is stipulated that in consideration ot
The jus commune, or common law, men­ the payment of an amonnt as interest, higher
tioned in the laws of King Edward the El­ than the normal rate, the lender sball bt'l reo
der, declaring the same equal right, law, or pai d his capital in this manner.The borrow­
justice to be due to persons of all degrees. er, after having paid the interest during the
Whalton. period determined. is free as regards the cap­
FOLD- COURSE. In English law. Land ital itself. Arg. Fr. Mere. Law, 560.
to which the sale right of fold i ng the cattle
FONSADERA. In Sp"n ioh law. An)
of others is appurtenant. Sometimes it means
tribute or loan granted to the king for the
merely snch right of fOld i ng. The right of
purpose of enabl ing him to defray the ex­
folding on another'S land. which is called
penses of a war.
"common foldage." Co. Litt. 6a, note 1.
F O N TANA_ A fountain or 'prlng.
FOLDAGE. A privilege posst'ssed In
Bract. fol. 233.
some places by the lord of a manor, which
consists i n the right of baving bis tenant's FOOT. L A measure of length contain.
sheep to feed on his fields. so as to manure the ing twelve inches or one·tbird of a yard.
land. The name of folda.ge is also given in 2. The base. bottom, or foundation of any­
parts of Norfolk to the customary fee paid to thing: and. by metonomy, the end or termi­
the lord for exemption at certain times from nation; as the foot of ·a fine.
this duty. Elton, Com. 45, 46.
FOOT OF THE FINE. The fifth part
FOLGARII. Menial servants; followers. of the conclusion of a tine. It includes the
Bract. whole matter. reciting the names of the par­
ties, day, year, and place, and before whom
F OLGERE . In old English law. A
it was acknowledged or levied. 2 Bl. Comm.
freeman. who bas no house or dwelling of
351.
his own, but is Lhe follower or retainer of
another, (heortlifcest.) for whom he performs FOOTGELD. In the forest law. An
certain predial services. amercement for not cutting out the ball or
cutting off the claws of a dog's feet, (exped­
FOLGOTH. Ollicial dignity.
itating h im . ) To be quit of footgeld is to
FOLIO. 1. A leaf. In the ancient law­ have the privilege of keeping dogs in the for­
books it was the custom to number the leaves, est unlawetl without punishment or control.
instead of the pages; hence a folio would in­ Manwood.
clude both sides of the leaf, or two pages.
The references to these books are made by the
FOOT-PRINTS. In the law of evidence.

Dumber of the folio, the letters j'a" and lOb"

Impressions made upon earth. snow. or other
surface by the feet of persons, or by the shoes,
being added to show which of the two pages
boots, or other covering of the feet. Burrill,
is intendl�d; thus " Bracton. fol. 100a."
Circ. Ev. 2640.
2. A larA'e size of book, the page being ob­
tained by folding the sheet of paper once only FOR. In French law. A tribun'a1. La
1n the bindi ng. Many of the ancient law· for interieur. the interior for u m : the tribu..
books are folios, nal of conscience. Poth. ObI. pt. 1. c. 1, � 1.
3. In co m pu ting tho length of written legal art. 3, § 4.
documents, the term "folio" denotes a certain
Dumber of words. fixed by statute in 80me FOR THAT_ In pleading. Word. u sed
states at one hundred. to introduce the allegations of a declaration.
The term " folio, " when used as a measure for "For that" is a positive allegation; "For that
comput\ng fees or compensation, or in any legal whereas" is a recital. Ham. N. P. 9.
 FOR THAT WHEREAS 503 FORCHEAPOM

FOR THAT WHEREAS. In pleading. end. Usually the word occurs in such con­
Formal words introducing the statement of nections as to SllOW that unlawful or wrong�
the plaintiff's case, by way of recital. in his ful action is meant.
declaration. in all actions except trespass. 1 Unlawful vi olence. It is either simple. as
InsLr. Cler. 170; 1 Burrill, Pro 127. In tres­ entering upon anoth er' s possession, without
pass, where there was no recital. the expres­ doing any other unlawful act: compound,
lion used was, "For that.1I rd.; 1 Instr. Cler. when some other violence is committed,
202. which of itself alone is crimi nal; or implied,
as in every trespass, reSCOllS, or disseisin.
FOR USE. 1. For the benefit or advan­
Power stat ically considered; that is, at rest,
tage of :mother. Thus, where an assignee is
or lalent. but capable of being called into
obliged to sue in the name of his assignor,
activity upon occasion for its exercise. Em­
the suit Is entitled " A. for use of B. v. C."
caeYi legal va.lidity. This is the m ean ing
2. For enjoyment or employment without
when we say that a statute or a contract is
destr uction. A l oan ufor use" is one in
"in force. "
which the bailee has the right to use and en­
In old Engli sh law. A technical term
joy the art.icle. but without consuming or de­
applied to a speci es ot aecessary before the
stroying it, in which resp ect it differs t rom
fact.
a loan "for consumption. "
In Scotch law. Coercion; duress. Dell.
"FOR WHOM IT MAY CONCERN."
In a policy of marine or fire insurance, this FORCE AND ARMS. A phrase used
phrase ind icates that the insurance is taken in declarations ot trespass an d in indict·
for the btm eftt of all persons (besides those ments, but now unnecessary in declarations.
Darned) who may have an insurable interest to denote that the act com plained of was done

In the subject. with violence. 2 Chit. Pl. 846. 850.

FORAGE. Hay and straw for horses, FORCE AND FEAR. called also "01
particularly in the army. Jacob. metuqu.e, " m eans that any contract or act ex­
tOl·ted under the pressure of force (vis) or
G
FORA GlUM. Straw when the corn I.
under the inftl1ence of fear (met·us) is voidable
Ibresbed out. Cowell.
on that ground. pro vid ed , of course, thatthe
FORANEUS. One from without; a for� force or the feur was s u ch as induenced the
eigner; a stranger. Calvin. party. Brown.

FORATHE. In forest law. One who FORCE MAJEURE. Fr. In the law H
could make oath, i. e., bear witness for a n� of insu rance. Su perio r or irresistible force.
other. Cowell; Spelman. Emerig. Tr. des .Ass. c. 12.

FORBALCA. In old records. A fore­ FORCED HEIRS. In Louisiana. Thos.

I
ball. ; a balk (that is, an unplo wed piece of persons whom the testator or donor cann ot
Jan d ) ly ing forward or next the high way. depri ve of the portion of his estate reserved
Cowell. for them by law. except in cases where he
FORBANNITUS. A pirate ; an outlaw; has a just cause to disinherit them. Civil
one banished. Code La. art. 14�5.

FORBARRER. L. F r. To bar out; to FORCED SALE. In practice. A sal. J

preclude; hence, to estop.
FORBATUDUS. In old En gl is h law.
Tbe aggressor slain in combat. Jacob.
FORBEARANCE. The act of abstai ning
from proceeding against a delinquent debtorj
delay in exac ting the enforcement at a right;
indulgence granted to a debtor.
H.efraining from action. The term is used
in this sense, in general j urisprudence. in
contradistinction to "act."
FORCE. Power dynami cnl Iy considered,
thaL is, in motion or in action; constraining
Vower. comp ulg io n ; sLrength directed to an
made at the time and in the manner pre­
scribed by law, in virtue of execution issued
on a judgment 3lready rendered by a court of
K
competent jurisdictionj a sale made under
tbe process of the court, and in the mode pr�
ocribed by law. 6 Tex. no.
A forced sale is a sale against the consent of the
The term should not be deemed to em­
L
owner.
brace &. sale under a power in. a. mortgage. 15 Fla.
336.
FORCES. The military and naval power
of tbe count ry.
FORCHEAPUM. Pro·emption ; forestall. M
Ing the market. Jacob.
 FORCIBLE DETAINER 504 FOHElLlN ATTACHMENT

FORCIBLE DETAINER. The offense pa.yment of the debt secured by a mortgage.

of violently keeping posseSSion of lands and by taking and selling the mortgaged estate.
tenements. with menaces, forcp., and arms. Foreclos ure is also applied to proceedings
and without the authority of law. 4 Bl. founded upon some other lIensj thus there
Comm. 148; 4 Stepb . Colll m. 280.
. are proceedings to foreclose a mechanic'"
Forci ble detainE'r may ensue upon a peac� Uen.
able entry. as well as upon a forcible entry;
FOREFAULT. In Scotch law. To for­
but it is most commQnly spoken of in the
feit; to lose.
plJrase II forcible entry and detainer. n
FOREGIFT. A. premIum for a lease.
FORCIBLE ENTRY. An orren••
against the public peace, or private wrong. FOREGO ERS. Hoyal purveyors. 26
committed by violently taking posseSSion of Edw. III. c. 5.
lands and tenements witI! menaces, force,
FOREHAND RENT. In English law.
and arms, against the will of those entitled
to the possession, and without thp. au thority Rent payable in advance; or, more properly,
a species of premium or bonus paid by the
of li,w. 4 B1. Corom. 148: 4 Step�. Comm.
tenant on the making of the lease, and par_
280 : Code Ga. 1882 , § 4524.
ticnlarly on the renewal of leases by ecclesi­
Every person is gui lty ot forcible entry
astical corporations.
who eithE'f ( 1 ) by bre<lking open doors, win­
dows. or other parts of a house, or by any
FOREIGN. :Belonging to Rnother nation
kind of vio le nce or circumstance of terror, or country; belonging or attached to "nother
enters upon or into any real property ; or (2)
jurisdiction; made, done, or rendered in an·
who, after entering peaceably upon real prop�
other state or ju risdiction j subject to another
erty, turns out by force, threats. or menacing
jurisdiction; operating or solvable in another
conduct the party in possession. Code Civil
territory; extrinsic; outside; extraordinary.
Proc. Cal. § 1159.
FOREIGN ADMINISTRATOR. One
FORDA. In old records. A tord 01 bhal­
appointed or qualified nnder the laws of a
low. made by damming or penning up the
foreign stllte or country, where the deceden�
water. Cowell.
was domiciled.
FORDAL. A butt or headland. j utting
FOREIGN ANSWER. In old English
out UpOIl other land. Cowell.
practice. An answer which was not triable
FORDANNO. In o ld European law. in the county where It was made. (St. 15
He who first assaulted another. Spelman. Hen. VI. c. 5.) Blount.

FORDlKA. In old records. Grass or FOREIGN APPOSER. An otHcer in

herbage glOwing on the edge or bank of. the exchequer wbo examines the sberiff1s
el­
dykes or ditches. Cowell. treats, comparing them with the records.
and apposeth ( i nterrogates) the sheriff wbas
FORE. Sax. Before. Fr. Out. Kel·
be says to each particular sum therein. 4
Lam.
Inst. 107; Blount; Cowen.
F O RE C L O S E . To shut ontj to bar.
Used of the process of destroying an equity FOREIGN ASSIGNMENT. An as­

of redemption existing in a mortgagor. signment made in 8 foreign country, or iu

anotber state. 2 Kent, Comm. 405, et seq.
FORECLOSURE. A process in chancery
by which all further right existing in a mort­ FOREIGN ATTACHMENT. In
gagor to redeem the estate is defeated and American law. .lJ.. process by which the
lost to him, and the estate becomes the abso� pruperty (lying within the jurisdict.ion of the
lute property of the mortgagee; being appIi� court) of. an absent or non-re.<iident debtor is
cable when the' mortgagor bas forfeited his 8eized, in order to compel bis appearance, or
estate by non�payment of the money due on to satisfy the judgment that may be ren­
the mortga.ge at tbe time appointed, but still d�red. so far as the property goes.
retains the equity of redemption. 2 'Vashb. In English la.w. A custom which pre­
Real Prop. 237. vails in the city of London. wbereby a. debt
The term is also loosely applied to any of owing to a defendant sued in the court of the
the various methods, statutory or otherwise. mayor or sberiff may be attached in the hands
known in different j llrisdictions, of enforcing of the debtor.
 FOREIGN BILL OF EXCHANGE 505 FOIlEIGN LAWS

FOREIGN BILL OF EXCHANGE. FOREIGN DOCUMENT. On e which

A bill of exchange drawn in one state or was prepared or executed in, or which comes
country , upon a foreign stale or country. from, a foreign state or country.
A bill of exchange drawn in one coun­
FOREIGN DOMICILE. A domicile
try upon another country not governed by
established by a citizen or subject of one
the sume homogeneous la ws, or not governed
sovereignty within the territory of another.
throughout by the same municipal laws.
A LiJI of exchange drawn i n one of the FOREIGN DOMINION. In English
U n ite(l States upon a person residi ng in an­ law this Ineans a country which at one lime
olhel' sta te is it forei gn bill. See otory, Bills. formed part of the dominions of a foreign
§ 22; 2 Pet. 586j 3 Kent, Comm. 94, note. state 01' potentate , but which by conquest or
ce::lsion has become a part of tile dominions
FOREIGN BOUGHT AND S O L D .
of the British crown. 5 Best & S. 290.
A CUSLtHO in London which, being found
prejudicial to sellers of cattle in Smithfield, FOREIGN ENLISTMENT ACT. The
was lIbolished. 'V hal'�on. statuto 59 Geo. III. c. 69, prohibiting the
enlistment, as a soldier or sailor, in any for..
FOREIGN CHARITY. One created or eign service. 4 Steph. Comm. 226. ..A later
endowed in a state or country foreign to that antI more stringent act is that of 3iJ & 84
of the domIcile of the benefactor. 34 N. J. Vict. c. 90.
Eg. 101.
FOREIGN E XCHAN GE. Drafts
FOREIGN COINS. Coins issued as drawn on a foreign state or country.
money under the authority of a foreign gov­
FOREIGN FACTOR. A factor who
ernment. ..As to their valuation in the
resides in a country foreign to that wbere
United 81;\t.. , see Rev. St. U. S. §§ 3564,
his principal resides.
8.\IiS.
FOREIGN-GOING S H I P . By the
FOREIGN COMMERCE: Commerce English merchant shipping act, 1854, (17 &
or trade between the United S ta tes and for­
18 Vict. c. 104,) § 2, any ship employed i n
eign co unt ries. The term is sometimes ap_
plied to commerce between ports of two sis­
trad ing, going between some place or places G
in the United KingtIom and some place or
tor states not lying on the same coast, e. 1/., places situate beyond the follOWin g limits.
New York and San Francisco.
that is to say : The coasts of the United
A cor­ Kingdom, the islands of Guernsey, Jersey,
H
FOREIGN CORPORATION.
poration created by or u nder the laws of Sark, Ald e rney. and Man, and the continent
another state, government, or country. of Eu rope, between the river Elba antI Brest,
inclusive. Home-trade ship includes every
FOREIGN COUNTY. Any "ounty hav­ shi p employed in trading and going between
ing a judicial and municipal organization
8eparate from that of the county where mat­
places within the last..menUoned l imi ts.
I
FOREIGN JUDGMENT OR DE­
ters arising in the former county are called
CREE. A j udgment rendered by the courts
In question, though both may lie w itli i n the
of nstate or country politically and judicially
Bame state or country.
distinct from that where the judgment or its
FOREIGN COURTS. The court. of
a e ffect is brought in question. One pro. J
roreign state or nation. In the United nounced by a tribunal of a foreigu cou nt ry,
5Lates, tbis te rm is frequ en tly applied to the or of a si st er state.
courts of one of the states when their judg­ FOREIGN JURISDICTION. Any j u.
ment.� or recorcm are introduced in tbe courts risdicLionforeign to that of the for um . Also K
of nuother.
the exercise by a state or nation of jurisdic­
FOREIGN CREDITOR. One. who re­
tion beyond it s own te rritory, the rigbt being
BldC6 i n a state or country foreign to that acquired by treaty or otberwise.
where the debtor has his domic i le or his F O R E I G N JURY. A jury obtained L
property. from a county other than that in wbich issue
was jOined.
}'OREIGN DIVORCE. A divorce ob­
tained out of the state or country where the rOREIGN LAWS. Tbe laws of a for-
M
I
marriage was solemnized. 2 Kent. Cornm. eign country, or of a sister state. Foreign
106, et seq. laws �re efte n the suggesti ng occaSion:; uf
 FOREIGN MATTER 506 FORESAID

cbanges In, or additions to. our own laws, an inl1abltant of that city. Accord.lng to lal·
and in that respect are called "jus 1'ecept'um.." er usage. it denotes a person who is not II.
Drown. citizen or subject of the state or country of
which mention is malie. or any one owing
FOREIGN MATTER. In old practice.
allegiance to a foreign state or sovereign.
Matter triable or done in another county.
Cowell. FOREIN. An old form of foreigu, (g . ..)
Blount.
FOREIGN MINISTER. An am bass,..
dor, minister, or envoy from a foreign gov­ FOREJUDGE. In old English law and
ernment. practice. To expel from court for some ot·
fense or misconduct. 1Vben an officer or at­
FOREIGN OFFICE. The dopartment
of state through which the English sovereign torney of a court was expelled for allY offense,
or for not appearing to an action by bill filed
comlll unicates with foreign powers. A 8eo­
retary of state is at its head. Till the middle against him, be was said to be j"orejudged
of the last century, the functions or a secre­ the court. Cowell.
To deprive or put out of a thing by the
tary of state as to foreign and home questions
were not disunited. judgment of a court. To condemn to lose I
thing.
FOREIGN PLEA. A pie. objecting to To expel or banish.
the jurisdi ction of a judge. on the ground
that be bad not cognizance of the subject. FOREJUDGER. In English practice.
matter of the suit. Cowell. A judgment by wllich a man is deprived or
put out of a thing; a judgment of expulsioD
FOREIGN PORT. A port excl usively
or uanishment. See FOHE.TUDGE.
within the sovereignty of a foreign nation.
A foreign port or place is a port or place FOREMAN. The presiding memberota
without the United States. 19 Johns. 375. grand or petit jury, who speaks or answeI1
for the jury.
F'OREIGN SERVICE, in f(,lIdal law,
was that whereby a mesne lord held of an� FORENSIC. Belonging to courts 01
other. without the compass of his own fee. justice.
or that which the tenant performed either to
biB own lorl! or to the lord paramount out of FORENSIC MEDICINE, or medical
the fee. (Kitch. 299.) Foreign service ju risprudence, as it is also called, is "that
seems also to be used for knight's service, or science which teaches the application of every
escuage uncertain. (Perk. 650.) Jacob. branch of medical knowledge to the purpOBt's
of the l a w ; hence its limits are. on the olle
FOREIGN STATE. A foreign country
hand, the reqUirements of tbe law. and, on
or nation. The several United Stat�s are
the other, the wbole range of medicine.
considered U foreign" to each other except as
Anatomy. physiology. medicin�. surgery,
regards their relations as common members chemistry. physics, and botany lend their aid
of the Union.
as necessity arises; and i n some cases all
FOREIGN VESSEL. A vessel owned these branches of science are requi red to ena..
by residents in, or sailing under the flag of. ble a court of law to arrive at a proper con­
a forei gn nation. clusion on a contested qllestion affectin�e
"Foreign vessel, .. under the embargo act or Jan· or property." Tayl. Med. Jur. 1.
nary, 1808, means a vessel under the flag of a tor·
eign power, aud not Do vessel in which foreigners FORENSIS. In the civil law. Belong­
domiciled in the United States ha.ve an interest. ing to or connected with a court; forensic.
1 Gall. 68. F01'ensis homo, an ad vocate ; a pleader ot
F O R E I G N VOYAGE. A voyage to causes; one who practices in court. Calvin.
some port or place within the territory of a In old Scotch law. A strange man or
foreign nation. The terminus of a voyage stranget:; an out.dwelling man; an " unfree­
determines its character. If it be within the man, " who dwells not within burgh.
limits of a foreign jurisdiction, it i s a foreign
FORESAID is used Ie Scotch law as
voyage. and not ot.her wise. 1 Story. 1. See
a,foresa'ld is in English. anel someti meso in a
S Kent, Com m . 177. note; 1 Gall. 55.
plural form,foresatds. 2 How. St.te Tr. 715.
FOREIGNER. In old English law, this Forsaidis occurs in old Scotch records. " The
term, when used with reference to a particu� Loirdis assesollris forsaidis." 1 Pitc. Criw.
lar city, designated any person who was not Tr. pt. I, p. 107.
 FOREscrrOKE 507 FOUFEIT

FORESCHOKE. Forsaken ; diB.vowed. who forestaHs j one who commits the offense
10 Edw. II. c. 1. of forestalling. 3 HI. Comm. 170; Cowell.

FORESHORE. That part of the land ad· FORESTALLING. Obstructi ng the

Jacent to the sen which is alternately covered highway. Interceptillg R person on the 111gb.­
and left dry by the ordi n ary flow of the ti des ; way.
i. e., hy t he medium line between the greatest
FORESTALLING THE MARKET.
and lell� t range of tide, (spring tides and
The act of the buyi ng or contracting for any
Deap tides.) Sweet.
merchandise or provbion on its way to the
FOREST. In old English law. A cer.. market, with the i n tenLion of selling it again
tain territory of wooded ground and fruitful at a higher price; or the dissuading per­
pas tures . pri vileged for wild beasts and fow Is sons from bringing their goods or pro­
or forest, chase. and warren. to rest and abide visions there; or persuading them to en hance
in the safe pro tection uf the pr ince for his the price when there. 4 Bl. Comm. 158.
pr incely delight and pleasure. baving a pecul4 This was formerly an indictable offense i n
iar court and officers. Man\\,. }-" or. Laws, c. England. b u t i s now abolished by St. 7 & 8
I, no. 1 j 're fin es de 18 LeY i 1 B l . Coru m . 289. Viet. c. 24. 4 Steph. Comm. 291. note.
A royal hunti ng-ground which lost iLs pe­
FORESTARIUS. In English law. .A
eoliar character w i th the extinclion of its
forester. An officer who takes care of the
eoUl'ts, or when the franchise passed into the
hands of a subject. Spelman; Cowell. woods and forests. ])e forestario apponer1-
do. 8 writ which lay to appoint a forp.ster to
The word is also used to signify a franchise
prevent fUrther commission of waste wben a
Dr right. bei ng the right of keepin g, for the
tenant in dower had committed waste. Bract.
purpose of hu nt ing, the wild beasts and fowls
316; Du Cange.
of forest, chase, park. and warren, in a ter�
ritol'y or precinct of woody ground or pasture In Scotch l aw. A
A fores ter or keeper ot
Eet apart for the purpose. 1 Staph. Comlll. woods. to whom, by reason of his Office, pera %t
665. tailla the bark and the hewn branches. And,
when he rides througb tbe forest. he may take 1
his own head. Skene d� G
FOREST COURTS. In E nglish law. a tree as high as
Courts instituted for the government of the
Verb. Sign.
king's fores t i n different parLs of the king..
dom. and for the punishment of all inj uries FORESTER. A sworn officer ot the
tlone to the king's deer or venison, to the vut forest. appointed by the king's letters patent
or greens ward . tand to the cO'llert in which to walk the forest. watchi ng ooth the vert and H
Illch dee I' were lodged. They consisted of the the venison, attaching find presentillg all

eourts of attac h m en ts. of regard . of swein .. trespassers against them within their own

mote, Rnd of j llsticl?seat; but i n later times balli wick or walk. 'l'hP.S6 letters p ate n t were

generally granted duri ng good beha vi or ; but

these courts are
CoWin. 71.
no longer held. S Bl.
sometimes they held the office in fee. Blount. I
FOREST LAW. The system or body ot FORETHOUGHT FELONY. In
old law relating to the royal forests. Scotch law. Murder commit ted in conse�
quence of a previous de sign. El'sk. Inst. 4,
FORESTAGE. A duty or tribute pay­
4. 50; Bell. J
able to the ki n g's foresters. Cowell.
FORFANG. In old English law. The
FORESTAGlUM. ,,\, duty or tribute
tak ing of provisions from any person in fairs
payable to the ki ng's foresters. Cowell.
or markets before tue royal purveyors were
FORESTALL. To i n tercept or obstruct served with necessaries for the sovereign. K
a pnssrnger on t he ki ng's high w ay . Cowell. Cowell. Also the seizing and rescu i n g of
To beset the way of a tenan t so as to prevent stolen or strayed cattle from the hands 01' 8
his coming on the premises. 3 HI Comm.
•. thief, or of those having illegal possession of
170. To intercept a deer on his way to the them; also the reward fixed for such rescue.
forest before 11e can regain it. Cowell. L
FORFEIT. To lose an estate, a frlln­
FORESTALLER. Jo old English law. chise, or ot.her property belonging to one, uy
Obstruction ; hindrance ; the offense of stop.. the act of the law. and as a conseq uen ce oi
ping the highway ; the hindering a tenant 80me misfeasance, negl igen ce , or omiss ioa .
from com i ng to bis land; i ntpfcepti ng a deer The further ideas connoted by this term are
M
before it can regain the forest. Also one that it it a deprivation , (that is, agajn:it. the
 F ORFEIT
will aftha losing party.) and that the property
.ls eithertransferred to another or resumed
by the origin::.l grantor.
To incur R penalty j to become liable to the
payment of a sum of money, as the conse·
quence of a certain act.
FORFEITABLE. Liabl e t o be forfeited ;
subject to fo rfeitu re for non- user, neglect,
crime. etc.
FORFEITURE. 1. A punis hment an­
nexed by law to some illegal act or negligence
in the owner of l ands, tenl'ments . or hered ita­
ments. where by he loses all his interest tbere­
in, and they go to the party inj ured as a r ec­
ompense for the wrong which be alone, or
the public together with himself, bath sus­
tained. 2 Bl. Cumm. 267.
2. The loss of land uy a tenant to his lord, as
the consequence of some breach of fidelity.
1 Steph. Comm. 166.
3. The loss of lands and goods to the s tate, as
the consequence of crime. 4 HI. Comru. 381.
387; 4 Steph. Comru. 447,452; 2 Kent, Comm.
385; 4 Kellt, Corum. 420.
4. The loss of goods or chattels, aS ia punish­
ment for some crime or misdemeanor in the
party forfeiting. and as a compensation for
the offense and injury committed against him
to whom they are forfeited . 2 HI. Corum.
420.
It should be noted tha.t "torfeiture n is not nn
Identical or convertible term with "confiscation . "
Tue latter i s the consequence o f the former. For­
feiture is the resuLt which the law attaches as an
immediate and necessary consequence to the illegal
acts of the individua.l ; but confiscation implies the
action of the state; and property, although it may
be forfeited, cannot be said to be confiscated until
the government has formally claimed or taken pos­
M!ssion of it.
S. The 10,85 of office by abuser, non-user, or
refusal to exercise it.
6. The loss of cor porate fran chise or cbar­
a
ter i n consequence of 50111 8 i lleg al a.ct, or of
malfeasance or non-feasance.
7. The 10s3 of the right to life, as the conse­
quence of the commission of some crime to
w h i c h thE' b\,1.· has affix� a capiLal penalty.
8. The incu rring a liability to pay a definite
sum of money as the consequence of violating
the provisions of some statute, or refusal to
comply with some reqUirement of law.
9. A thing or s u m of money forfeited.
Something imposed as a p unis hmen t for an
ot'ftmse or delinq uency. The word in this
sense is frequent.ly associated with the word
.
" penalty. .
FORFEITURE OF A BOND. A fail­
ure to perfor� the cont.1ltion on which the
508 FORGERY
obligor was to be excused from the pennlt1
In the bond.
FORFEITURE OF MARRIAGE, A
penaHy incurred by a ward in chi valry who
married without the consent or against the
will of the guardian. See DUPLEX VALOR
MARITAGII.
FORFEITURE O F SILK, SIIPPOSed to
lie in Lhe docks, used, in times when its im·
portation was prohibited, t o be proclaimed
each term in the exchequer.
FORFEITURES ABOLITION ACT,
Another name for the felony act of 1870,
abolishing forfeit ures for felony in England.
FORGABULUM, or FORGAVEL. A
quit-rent; a small reserved rent in money.
Jacob.
FORGE. To fabricate, construct, or pre­
p are one thing in imitation of another thing,
with the intention of substituting the false
for the genUine, or otherwise deceiving and
defrauding by the use of the spurious article.
To counterfeit or make falsely. Especially.
to make a sp urious written instrument with
the intention of fraudulently subs ti tu ti ng it
for another, or of passing it off as genuin&;
or to fraudulently alter a gen uine instrument
to another's prejudice; or to sign another
person's name to a docume nt, with a deceit..
ful and fraudulent intent.
To forge (a metaphorical expression, borrowed
from the occupation of the smith) means, properly
speaking, no moro than to make or form, but in
our law it is always taken in an evil sense. 2 Ea.st,
P. C. p. 8;;2, c. 19, S 1.
To forge is to make In the likeness of something
else; to counterfeit is to make in imitation of
something else, with a. view to defraud by pa!l!ling
the false copy for gen ulne or originaL Both worda,
"forged " and "counterfeited, " convey the idea of
similitude. 42 Me. 392.
In common usage, however, forgery 1& a.lmost
a.lways predicated of Bome private instrument or
writing, a!l a deed, note, will, or a. signature; and
COltnter!eLting denotes the fraudulent imitation of
coined or paper money or some substitute tber&.
for.
FORGERY. In criminal law. Tho
falseJy making at' materially altering, with
intent to defraud, any wri ting which, if gen­
uine. migllt apparently be of Jegal efficacy 01
the foundation of a legal lia.bility. � Dish.
Cl'im. La\v, § 523.
The fraudulent making and alteration ot 8
writing to the pl'ej udice of another man 18
right . 4 Bl. Comm. 247. See FORGE.
Forgery, at common law, denotes a falsemaking,
(which includes every altera.tion or addition to a
true instrument ;) a making, 7na�o an�mo, of ao)'
 FORGERY 509 FORlSJUDlCATUS

written instrument for the purpose of fra.ud and FORISFACERE. Lat. To forfeit; to
deceit. � East} P. C. 852.
lose an estate or other property on account
The false making an instrument which purports
OD its face to be good and valid for the purposes
of some criminal or illegal act. To conus·
tor which it was created, with a design to defraud cate.
any persell or persons. 1 Leach, 866. To act beyond the Jaw, i. e., to transgress
'fue thing itself, so falsely made, imitated,. or infringe the law; to comm i t an offense or
or forgr'd; especially a forged writing. .A. wrong; to do any act against or beyond the
forg.d. signature is frequently said to be "a l aw . See Co. Litt . 59a; D u Cange; Spel�
forgery. I, man.

In the law of evidence. The fabrication Forisfacere, i. e., extra legem Bell con-
or counterfeiting of evidence. The artful 8uetudinem facere. Co. Litt. 59. Foris­
and f!'audulent manipulation of physical ob� face1'e, i. e., to do something beyond law or
jf:'cts, or th e deceitful arrangement of genu­ custom.
ine facts or things. in such a m<lnner as to
FORISFACTUM. Forfeited. Bona fo­
create an erroneous impression or a false in­
" isfacta, forfei ted goods.1 HI. Comm. 299.
ference in the minds of those who may ob­
..A crime. Du Cangej Spelman.
serve them. See Burrill, eirc. Ev. 131, 420.
FORISFACTURA. A. crime or offense
FORGERY ACT, 1870. The statute 33
through which property is forfeited.
& 34 Vict. c. 58, was passed for the punish­
A fine or pnnishment in money.
ment of. forgers of stock certificates, and for
Forfeiture. The loss of property or life in
extending to Scotland certai n provisions of
consequence of crime.
Ibe forgery act of 1861. Mozley "" Whitley.
Forisfactu1'a plena. A forfeiture of all
FORHERDA. rn old record.. A herd­ a man's property. Things which were for­
land, headland, or foreland. Cowell. feited. Du Ca,nge; Spelman.

FORI DISPUTATIONES. I n tbe civil FORISFACTUS. A crim inal. One who

law. Discussions or argum ents befo re a has forfei ted his life by commission of a cap.
court. 1 Kent, Comm. 530. ita] offense. Spelman.
Forisfactus serous. A slave who has been G
FORINSECUM MANERIUM. ,'bat a free man, but; has forfeited his freedom by
partof a manor which lies without the town, crime. D u Callge.
and is not incl uded witlli n the liberties of it.
FORISFAMILIARE. In old English
Paroc1l. Antig. 351.
and Scotch law. Literally, to put out of a H
FORINSECUM SERVITIUM. The fam ily, (fo1'isfamiZiam ponere. ) To portion
payment of extraordinary aid. Kennett, off a son, so that he could have no further
Gloss . claim upon his father. Glanv. lib. 7, c. 3.
To emancipate, or free from paternal au-
FORIN SECUS. Lat.
rior; outside; e:ttraord i nary.
Foreign;
Se1'vitium fo.
exte·
tbority. I
rin.secum, t he payment of aid, scutage, and FORISFAMILIATED. In old English
other extraordinary military services. Forin­ law. Portioned off. A son was said to be
secum maneri!l,m, t he manor, or that part of forisfamili ated (fo1'ilifamilia1'i) if bis fat her
it which lies outside the bars or town. and is assigned h i m part of his land, and gav� bim J
not included witbin the liberties of it. Cow­ seisin thereof, and did this at the request or
ell; Bloll nt ; Jacob; 1 Reeve, Eng. Law, 273. with the free consent of the son himself,
who expressed himself satisfied wilh such
FORINSIC. In old English law. Ex­
terior ; foreign; extraordi nary In feudal
portion. l 11eeve, Eng. Law, 42, 1 10.
K
law, the term "forinsic seryices" compre­ FORISFAMILIATUS. ID old English
hended the payment of extraordinary aids or law. Pnt out of a fam il y ; portioned off;
the rendition of extraordina.ry military serv­ emanCipated; forisfamiliated. Bract. fol. 64.
ices, and in this sense was opposed to "in·
trinsic services. " 1 Heeve, Eng. Law , 27tl.
FORISJUDICATIO. In old Englisb L
la w. Forejudger. A forej udgment. A judg..
FORIS. Abroad; out of doors; on the ment of court whereby a man is p ut out of
outside of a placej without ; extrinsic. possession of a thing. Co. Litt. 100b.
FORISBANITUS. ' In old Dnglisb law. F O RISJUDICATUS. l'orej udged ; .eD' M
Banished. from court; banished. Depri veel of a thing
 FORISJURARB 1510 FORME D ON IN THE REMAINDER

by judgment of court. Bract. fol. 250b; Co. FORMA PAUPERIS. See IN FORMA
Litt. 10Ub; Du Cange. PAUPERIS.

FORISJURARE. To forswear; to ab­ FORMALITIES. In England. robaa

jure; to abandon. Forisjurare parentilam.
To remove oneself from pal'ental authority.
The person who did this lost his rights as
heir. Du CaDge.
P rO'l)inciam forisjurart. To forswear the
country. Spelman.
FORJUDGE. See FOREJUDGE.
FORJURER. L. Fr. In old English
Jaw. To forswear; to abjure. Forjurer
royalme, to abjure tile realm. Britt. cc. 1. 16.
FORLER-LAND. Land in the diocese
of Hereford. which had a peculiar custom at­
tached to tt, but which has been long since
disused, although the namais retained. But.
Surv. 56.
FORM. 1. A model or skeleton of an in­
strument to be used in a judicial proceeding.
containing the principal necessary matters,
the proper technical terms or phrases, and
whatever else is necessary to make it formally
correct. arranged in proper and methodical
order, and capable of being adapted to the cir·
cumstances of the specific case.
2. As distinguisbed from "substance, "
"form" means the legal or technical manner
or order to be observed in legal instruments
or j u ridical proceedings, or in tbe construc­
tion of legal documents or processes.
The distlnotion between "form " and "substance"
is often important tn reference to the validity or
amendmentof pleadings. If the matter of the plea
is bad or insuffioient, irrespective of the manner
of setting it forth, the defect is one of substance.
If the matter of the plea. is good and suflloient. but
is inartificia.lly or defectively pleaded, the defeot
worn by the magistrates of a city or corpora­
tion. etc., on solemn occasions. Enc. Lond.
FORM.ALITY. The conditions, in re­
gard to method, order. arrangement. use of
technical expressiona, performance of spe­
cific acts, etc., which are required by the Jaw
in the making of contracts or conveyances,
or in the taking of legal proceedings. to in,
sure their val idity and regularity.
FORMATA. In canon law. Canonical
letters. Spelman.
FORMATA BREVIA. Formed writs;
writs of form. See BREVIA FORMATA.
F O R M E D ACTION. An action for
which a set form of words Is prescribed.
which must be strictly adbered to. 10 Mod.
140. 141.
FORMEDON. An ancient writ in En·
glish law which was available for one who
bad a right to lands or tenements by virtue
of a gift in tail. It was in the nature of a
writ of right. and was the highest action that
a tenant in tall could have; for be could not
have an absolute writ of right, that being
confined to Buch as claimed in fee-simple,
and for that reason this writ of formedon waa
granted to him by the statute de donis,
Westm . 2 . 13 Edw. I.e. 1.) and was emphat­
ically called II his II writ of right. The wl'it
was distinguished into three species, viz.:
Formedon in thedescender, in the remainder.
and i n the reverter. It was abolished in
England by St. 3 & 4 Wm. IV. c. 27. See
3 BI. Comm. 191; Co. Litt. 316; Fitzh Nat. .

La oue of form.. Brev. 255.

FORMA. Form ; tbe prescribed form ot FORMEDON IN THE DESCENDER.

judiCial proceedings. Forma et jluu1'a ju­ A writofformedon which lay where a gift was
dicii, the form and shape of jUdgment 01' ju­ made in tail. and the tenant in tail aliened
dicial action. 3 BI. Corom. 271. the lands or was disseised of them and died,
for the heir i n tail to recover them, against the
Forma. dat esse. Form gives being.
actual tenant of tbe freebold. S Bl. Comm.
Called " the old physical maxim. U Lord Hen­
192.
ley, Ch., 2 Eden, 99.
F O R M E D O N IN THE REMAIN­
Forma. legalis forma. essentialis. Legal
DER. A writ of formedon which lay where
form is essential form. 10 Coke, 100.
a man gave lands to another for life or in
Forma. non observata., infertur adnul.. tail, with remainder to a third person in tail
la.tio actus. Where form is not observed, a or i n fee, and be who had the particular es­
nullity of the act is inferred. 12 Coke, 7. taie died without issue inheritable, and a
Where the law prescribes a form. the non-ob­ stranger intruded upon him in remainder,
servance of it is fatal to the proceeding, and and kept him out of possession. In this case
the whole becomes a nUllity. Best, Ev. he i n remainder. or his heir, was entitled to
In trod. § 59. tbis writ. 3 BI. Comm. 192.
 FORMEDON IN '.rHE REVER'.rER 611 FORSWEAU

FORMEDON IN THE REVERTER. mentioned as of considerable interest. Butl.

A writ of forrnedon which lay where there Co. Lilt. note 77. lib. 3.
was a gift in tail, and afterwards. by the
FORNAGIUM. T he feet.ken by B lord
death of the donee or his beirs wi thou t issue
of his tenant, who was bound to bake in the
of his body. the re versio n fell in upon t.he
lord's common oven. (in fU1'1JO domini,) or
donor. his he irs or assigns. In such case, the .
for a commission to use his o wn.
renersione'r had til is writ to recover the lands.
3 BI. Comm. 192. FORNICATION. Unlawful sexual in.

FORMELLA. A certain welghtof above

terc ourse between two unmarried persons.
70 Ib,., mentioned In 51 Hen. III. Further. If one of the persons be married and
Cowen.
the other not, it is fornication on the part of
FORMER ADJUDICATION, or FOR· the latter, though adultery for the former.
MER RECOVERY. An adjudication or In 80me j urisdi ctio ns, however. by st.:"1.tute ,
recovery in a former actioD. See RES JUDI­ it is ad u ltery on the part of both persons if
OATA. the woman is married. whether the man is
married or not.
FORMIDO PERI CULl. Lat. Fear of
danger. 1 Kent, Comm. 23. FORNIX. Lat. A brothel ; fornication.

FORMS OF ACTION. The general FORNO. In Spanish law. An oven .

designa tion of the various species or kinds Las Par tid ." pt. 3. tit. 32, 1. 18.
of personal actions known to the common
FORO. In Spanish law. The place where
law, such 8S tro ver. trespass, debt, as.tum�
tribunals hear and determi ne causes,-exer_
8it, etc. These differ in their pleadings and
CendaTU11l litium locus.
evidence, as well as ill the circumstances to
which they are respe ctiveJy appl icable. FOROS. In Spa nis h law. Empbyteutic
rents. Schm. Civil Law, 309.
FORMULA. In common-law p ractIce, a
set form of words used in judicial proceed� FORPRISE. An exception j reservati on j
ings. In the civil law, an action. Calvin. excepted ; reserved. Ancie ntly, a term of

FORMUL.1E. In Roman law. When

fre qu ent use in leases and conveyances. G
Cowell; Blo n nt.
the leuis ar:tiones were proved to be inconven_
In another sense, the w ord is take n for any
ient, a mode of procedure called "per for­
exaction.
mulas," (i. 8., by mean s of flJrmulce, ) was
gradually i ntroduc ed . and eventually the legis FORSCHEL. A strip of land lying next H
actiones were abolished by the Lex .1Ebutia. to the bigh way.
B. 0. 164, excepting in a very few exceptional
matters . The j'o1'mulre were four in num�
FORSES. Waterfalls . Camden, Brit.
ber, namely: ( I ) 'fhe Demonstratio, wherein FORSPEAKER. An attorney or advo-
Lhe plaintiff stated, i. e., showed, the facts cate in n cause. Blountj Wbishaw. I
out of which his claim arose; (2) the Inten­
tio, where he made his claim agaim;t the de­ FORSPECA. In old Engli sh law .
fe nd ant j (3) the Adjudicatio, wherei n the Proloc utor ; para ny mph us.
judex was directe d to assi gn or adj ud ica.te
the property or any portion or portions there_
FORSTAL. See FORESTALL. J
of acc ording to th e righ ts of the parti es ; and Forstellarlu8 est pauperum depressor
(4) the Condemnatio, in which the judex at totius communitatis et patrire pub..
was authorized and directed to condemn or lieus inimicus.3 Inst, 196. A forestaller
to acquit accordi ng a8 the facts were or were is an oppressor of the poor, and a public en· K
not prov ed. These f01'mulre were obtained emy of the whole com munity and country.
from the magistrate , (in jure. ) and were
e
thereafLer proc ed ed with before the judex,
FORSWEAR. In criminal law. To
make oath to that which the deponent knows
(in judicio. ) Brown. See Mackeld. Rom.
Law, § 204.
to be untrue.
This term is wider 1n its scope than "per_
L
FORMULARIES. Collections of for­ jury," for the latter. as a tech nical term, in­
mulO!, or forms of forensic proce('dings and in­ cludes the idea of the oath be ing taken before
st.ruments used among the Franks, and o ther a competent court or officer, and relating to
early ::on ti ne ntal nations of E nrope. Among a material issue, which is not implied by the M
these the formulary of Marcu lph us may be word " fors wear. "
 F OR T 512 FORTUlTOUS EVEN'l'

FORT. This term means " sOHIething Illitted, and he that furnished it was not prea·
more than a mere military camp, post. or e nt when the fact was done. 2 In st. 1�2.
stati on. 'l'ile term implies a fortification, or
FORTIA FRISCA. Fresh force, (g • •• )
8 place protected frotU attack by some such
means as a m oat. wall, or parapet." 12 Fed. FORTILITY. In old Englisb law. A
Hep. 424. fortified place; a castle; a bulwal'k. Cowell;
11 Hen. VII. C. 18.
FORTALICE. A fortress or place of
streng th , which anciently did not pass with­ FORTIOR. Lat. Stl'o nger. A term ap­
out a special gn�nt. 11 He n. VIL c. 18. pli ed . in the law of evid.ellce, to that speciea
of presumption, a rising from facts sbown in
FORTALITIUM. In old Scotch law.
evidence, which is strong enough to shift the
A fortalice; a castle. Properly a house or
burden of proof to the opposite party. Bur­
tower which has a battlement or a d itch or
rill. eire. Ev. 64, 66.
moat about it.
Fortior est custodia legis quam hom­
FORTHCOMING. In Scotch law. The
lnlS. 2 Holie, 325. The custody of the law
action by which an arrestment (garnish­
is stronger than that of man.
ment) is made effectual. It is a decree or
process by which the credito r is given lhe Forti or . et p oten tior est dispositio
right to demand that the sum arrested be legis quam hominis. The disposition of
applied for payment of bis claim. 2 Kames, the law is of greater force and effect than
Eq. 288. 289; nell. that of man. Co. Litt. 234a; Shep. Touch.
302; 15 East. 178. The law in some ease8
FORTHCOMING BOND. A bond
overrides the will of the individual. nnd ren­
given to a sheriff who has levied on proper­
ders ineffective or futile his expressed inten·
ty. conditioned that the property shall be
tion or contract. Broom, Max. 697.
forthcoming. i. e .• prod uced . when required.
On Lhe giving of such bond, the goods a.re FORTIORI. See A FORTIORI.
allowed to remain in the possession of the
FORTIS. Strong. Fortis etsana. etrong
deGtor. 2 Wash. (Va.) 189; 11 Grat. 522;
and sound; staunch and strong; as a vessel.
61 Ga. 520.
Tow nsh . Pl. 227.
� The sheri:fI or other ofllcer levying a writ of.fl,erl
fac:Ut8, or distress warrant, may take from the FORTLETT. A place or port of some
debtor a bond, with sufflcient surety, payable to
strength ; • little fort. Old Nat. Brev. 45.
the credit-or, reciting the service of such writ or
warrant, and the amount due thereon, (including FORTUIT. I n French law. AccidentaI j
his fee for taking the bond, commissions, and other
fortuitous. Cas frn'tuit, a fortuitous event.
law ful charges, i f any,) with condition that the
property shall be forthcoming at the day and place
F01·tuitment, accidentally ; by chance.
of salei whereupon such property may be per­
FORTUITOUS. A.ccidental ; un designed j
mitted to remain in the possession and at the risk.
of the debtor. Code Va.. 1887, § 3617. adventitious. R esulti ng from unavoidable
physical causes.
FORTHWITH. As soon as. by reason­
able exertion, confined to the object. a thing ·FORTUITOUS COLLISION. ln m.ri·
may be done. Thus, when .8 defendant time htw. The accidental running foul of
is ordered to plead forth with. he must v,,"els. 14 Pet. 112.
plead wi thin twenty-four hours. ·When FORTUITOUS EVENT. In the civil
a statute enacts that an act is to be done law. That which happens by a ca us e which
.. forth with." it means that the act is to be cannot be resisted . An unforseen oceurrence,
dOlle within a reason able time. 1 Cll it. not caused by either of the parties, nor such
Archb. Pro ( 12th Ed.) 164. as they coulc1 prevent. In French it is called
FORTIA. Force. In old Engl ish law . "casfortult." Civil Code La. art. 3556, no.
Force used by an accessary, to enable the 15.
principal to commit a crime, as by binding There is a difference between a fortuitous eveD�
or inevitable accident, and irresistible force. By
or holding a person while another killed him,
the former, commonly called the Uact of God, .. ..
or by aid ing or counseling in any way, or meant any accident produced by physical causo&
commanding the act to be done. Bract. fols . which are irresistible; such as a loss by lightning
l38. 138b. According to Lord Coke. fortia or storms, by the perils of the seas, by inundationl
and earthqu akes. or by sudden death or illness.
was a word of art. and properly sig nified the
By the latter is meant such an interposition ot
furnishi ng of a weapon of force to do the human agency as is, from its nature and power,
1act, and by force wherecf the fact was com- absolutely uncontrollable. Of this nature llI'OlOSAet
 FORTUNA 0513 FOS�AG lUi)!

occaaloned by the inroads of a. hostile army, or by FORUM ECCLESIASTICUM. An PC­

public enemies. Story, Dailm. § 25.
clefl,i astical court. The spi deua} j u risdiction.
as dIstinguished from the secular.
FORTUNA. Lat. Fortune; also treas­
ure-trove. Jucab. FORUM LIGEANTIlE REI. The to­
,

Fortunam faciunt judicem. They make rum of defendant's al l ('giance. Tl1� courtor
tortu ne the j Udge . Co. Litt. 167. Spoken ju risd icti on of the country to which h6 owes
of thl' process of maki ng partition among allegi an ce.
coparceners by drawing lots for the se veral
FORUM ORIGINIS. The court of one's
purparts. nativity. Tile place of a person 's birth. con�
sltlered as a pl ace of jurisdiction.
FORTUNE·TELLERS. Persons pre·
tend ing or professing to t ell fortunes, and FORUM REGIUM. The king'. court.
punishable as rogues and vaga,bonds or dis­ St. Westm. 2, c. 43.
orderly perso n s.
FORUM REI. This term may mean
FORTUNIUM. In old Engli sh law. A either (1) the forum of th e defendant, that is.
tourn ament or figh ti ng with spears, and nn of his resid c' ne e or domiciiej or (2) the forum
appeal to fortune Lllerein. of tlla res or thing i n controversy, that is, 01
tile place whel'e the property is situated. T he
FORTY·DAYS COURT. The court ot
ambiguity spri n gs from the fact that rei. may
attach ment In forests. or wood·mote court.
be the genitive of either nrus or res.

FORUM. Lat. A court of j us tice. or

FORUM REI GESTlE. The forum or
judicial trib unal; a place of ju risdiction ; a
court of a res gesta, (thing done;) the place
plaee whel'e a remedy is sought; a place of
where an act is d on e. considered as a place ot
litigation. S Story. 347.
jurisdicthm and remedy. 2 Kent. Corum.
In Roman la.w. The market place. or
463.
public paved court, in the city of Rome, where
luch publ ic business was transacted as the FORUM REI SITlE. The court where
the thi ng io controversy is sit uated . . The
G
assem blies of the people and the j udicial trial
of causes, and where also elections, markets, pl ace where the subject-matter i n contro v ersy
and the public eXChange were beld. is situated, consId ered as a place of j uri sdic­
tion. 2 Kent, Comm. 463.
FORUM ACTUS. The forum of the act.
The forum of the place where the act was FORUM SECULARE. A secular, as
done which is now called i n qu estion . dIst in g uished from an ecclesiasLical or spirit.. II'
u al, court.
FORUM CONSCIENTIlE. The foru m
FORURTH. In old records. A long slip
or trIbunal of conscience.
of grou nd . Cowell.
FORUM CONTENTIOSUM. A co n ten·
FORWARDING MERCHANT, or
I
tious tor um or court; a place of li tigati o n ;
FORWARDER. One who receives anEl. for­
the ordinary court of j u st ice. a s disti nguished
wards goods. laking U1 0ll himself th e ex­
from the tribunal of co nscience. 3 Bl. Comm.
penses of t ra nsp or tati on . for which he re­
211.

FORUM CONTRACTUS. The forum

cp.ives a compC'nsation from the ow n ers, lmv­
ing 110 concel'll i n the vessels or wagons by
J
of the contract ; the court of the place where which they are transported. and n o interest
a con tract is made; the place wh ere a con tract in the freight, and not being cit:!emf'd a com­
is made. considered as a place of j u risdiction. lOon carrier, b l L t a mere \ 'areholl�eman and
2 Kent, Comm. 463. agent. Story, Bailm. §§ 502, 509. K
FORUM DOMESTICUM. A do mes ti c FOSSA. In the civil law. A ditch ; a
forum or tribunal. The visitatorial power is receptac:.:le of ,Yater. made by hand. Di g. 43.
called 1\ "forum domeslicu.m , " calculated to 14, 1, 5.
determ i ne , sine strepitu, all disputes that In old En gl ish law. A ditch. A pit lull l
arise within themselves. 1 \V. 131. 82. of water. in which women co mm itLin g fel o ny
were drow ned. A gra\"e or sevu!cber.
FORUM DOMICILII. The forum or
Spelman.
court of the domicile ; the domicile of a de­
fendant. consid ered as a place of j u ris d iction . FOSSAGIUM. In old Engli sh law. M
2 Kent, Comm. 463. . The duty levied on the inhabitants for re-
AM. DICT.LAW-33
 FOSSATOHUM OPEH ATlO 514 FOX'S LIBEL ACT

pairing the moat or ditch round a fortified for taking cale of infants forsaken by their
town. parents, such being generally the offspring 01
illegal connections. The foundling hospital
FOSSATORUM OPERATIO. In old
act ill England is the 13 Geo. II. c. 29.
English law. Fosse-work; or the service of
laboring, done by inhabitants and adjoining FOUR. In old French law. An oven or
tenants. for the repair and maint('nance of bake-bollse. Four banal, an oven, owned
thC' ditches round a city or town. for which by the seignior of the estate, to which the
some paid a contribution, called "fossa. tenants were obliged to bring their bread for
gium." Cowell. baldng. Also the proprietary right to main­
tain such an oven.
FOSSATUM. A dyke. ditch, or trench;
a place inclosed by a ditch; a moat; a canal. FOUR CORNERS. The face of a writ­
ten instrument. Tbat wbich i s contained on
FOSSE-WAY, or FOSSE. One of the
the face oe a deed ( without any aid from the
four ancient Roman ways thro ugh England.
Spelman.
knowledge of the circumstances under which
it is made) is said to be within its four cor­
FOSSELLUM. A small ditch. Cowell. ners, beca u se every deed is still supposed to

FOSTERING. An ancient custom i n be w ritten on one entire skint and so to have

Ireland. in which persons put away theil' but four corners.
children to fosterers. Fostering was held to To look at thefol£r corners of an instru­
be a stronger alliance than bluod. and the ment is to examine the whole of it, so as to
toster children participated in thtl fo rtun es of constl'us i t as a w hole, without reference to
their foster fatbers. .Mozley & ·Whitley. any one part more than another. 2 Smith,
Lead. Cas. 295.
FOSTERLAND. Land gi ven, assigned.
F 0 UR SEAS. The seas surrounding
or allotted to the finding of fooll or victuals
England. These were divided into the West­
for any person or persons; as in monasteries
ern, including the Scotch anti Irish; the
for the monks. etc. Cowell; Blount.
Northern, or NOl'th sea; the Eastern, being
FOSTERLEAN. Tbe remuneration the Gt:rman ocean; the Southern, being the
fixed for tbe rearing of a foster child; also British channel.
the jOinture of a wife. Jacob.
FOURCHER. Fr. To fork. This was a
FOUJDAR. In Hindu law. Under the method of del aying an actinn anCiently re­
Mogul government a magistrate of tbe police sorted to by defendants when two of them
over a large district, who took cogni'l.ance of were joined in the suit. Instead of appear­
all criminal matters within his j urisdiction. tppear in turn and
ing together, each would ..
and sometimes W3.l:!. employeu as receiver gen­ cast an l'ssoin for tbe otber, tbus postponing
eral of tile revenues. 'Vharton. tIle trial .
FOUJDARRY COURT. InHindu law. FOURCHING. The act of delaying I..
A tribunal for administering criminal law. gal proceedings. Termes de In Ley.

FOUNDATION. The founding or build· FOURIERISM. A form of socialism.

ing of a college or hospital. The incorpora­ See I Mill, Pol. Ec. 260.
tion or endowment of a college or huspital is
the foundation; and he who elldows it with FOWLS OF WARREN. Such fowls
land or otht::r property is the founder. as are prc.>served under the game laws in war­
ren�. Acco rd i ng to Man wood, these are
FOUNDER. The person who endows an partridgos and pheasants. According tg
eleemosynary corporation or institution, or Ooke, tlley lire partridges, rails, quailS, wood­
8upplies the funds for its establishment. cocks, pheasants. mallards, and berons. Co.
Litt. 233.
FOUNDEROSA. Founderous; out of
repair, as a road. Oro. Car. 366. FOX'S LIBEL ACT. In English law.
This was the stat.ute 52 Geo. III. c. 60. which
FOUNDLING. A. deserted or exposed
secured to juries, upon the trial of indict­
infant ; a child found without a parent or
ments for l ibel, tbiJ right of pronouncing a
guardian, its relatives being unknown. It
general verdict of guilty or not guilty UpOD
bas a settlement in the dis trict where found.
the whole matter in issue, and no longer
FOUNDLING HOSPITALS. Charita. bound them to fintl a verdict of guilty on
ble institutions which exist in most countries proof of the publication of the paper charged
 FOY 515 FRANK-ALMOIGNE

to be a libel. and of the sense ascribed to It lie n ature, which ca n n ot be exercised wit·b­
In the indictment. 'Wha rton. ouL a leg islati ve grant. 45 Mo. 17.
A franchise Is a privilege or immunity of a pub­
FOY. L. Fr. Faith ; allegiance ; fidelity.
lic nature, which cannot be legally exercised with·
FRACTIO. A breaki ng; division ; fra.,. out legislntive grant. To be a corporation is a
franchise. The various powers conferred on cor­
tiOD : a portion of a thing less than the ,,,· hble.
porations are franchises. The execution of Ii pol­
FRACTION. A breaking . or breaking Icy of insurance by an insurance company, and
Lhe issuing a bank'Dote by an incorporated bank,
DP; a fragment or broken part; a portion of
are franchises. 15 Johns. 387.
8 thing, less than the whole. 'l'be word " franchise 10 has various significations,
both In a legal and popular sense. A corporation
FRACTION OF A DAY. A portion of
is itsolf a franchise belonging to ttle members of
a day. The di viding a day. Gen erally , the the corporation, and the oo['po['ation, itself a fran·
law does not allow the fraction of a day . 2 chise, may hold other frnnchi..:es. So. also, the
BI. Comm. 141. different powers of acorporation, such as the right
to hold and dispose of property, are its franchises.
Fractionem diei non rec1pit lex. Lofft, In a popular sense, the political rights of subjects
672. The law does not take notice of a por· and citizens are fl'ancbises. such as the right of
suffrage, eoo. 8'2 N. H. 484.
lion of a day.
The term "franchise" has several significations,
FRACTITIUM. Arable land. Mon. and there is someconfusiOD in its use, When used
with reference to corporations, the better opinion,
.longl.
dE'duced from the authorities, seems to be that ii
consists of the entire privileges embraced in and
FRACTURA NAVIUM. The breaki ng
constituting the grant. It docs not embrace the
or wreck of ships; the same M navjragium. property acquired by the exercise o t the franchise.
(q . •• ) 86 Conn. 255.

FRAIS. Fr. Expense; Charges ; costs. The term is also used, in a popular sense,
Frau d'un proct,. costs of a suit. to de note a political ri g ht or p riv ilege belong_
ing to a free citizen; as the " elective fran­
FRAIS DE JUSTICE. In French and
chise. "
Canadian law. Costs incurred inciuenlally
to the action. FRANCIA. France. Bract. fol. 427b.

FRANCIGENA. A man born in France.

G
F R A I S JUSQU'A BORD. Fr. III
French commercial law. Expenses to the A d esign ation formerly given to alien� in
board ;· expenses incllned on 8 shipment of England .
goods. in packing. cartage. commissions, Free; a freema.n j a Frank.
FRANCUS.
etc., up to the point where they are actually Spel man . H
put on board the vessel. 16 Fed. Rep. 336.
FRANCUS BANCUS. Free bench.
FRANC. A French coin of the value of
(g• •.)
a little over eighteen cents.
FRANCUS HOMO.
law. A free m a n .
In old
Domesday.
European
I
FRANC ALEU. In Frencb feudal law.
An anod ; 8 free inheritance; or an estate
FRANCUS PLEGIUS. In old English
beld free of any services except such as were
law. A frank pledge, or free pledge. See
due to the sovereign.
J
FRANK-PLEDGE.
FRANCHILANUS. A freeman. Chart.
F R A N C U S TENENS. A freeholder .
Hen. IV. A free tenant. Spelman.
See FRANK-TENEMENT.

FRANCHISE. .A special privilege COD.­ FRANK, 'D. To send matter th ro u gh th e

terred by gover nment upon an indi vi dual ,
and which does not belong to the citizens of
pu bli c mails free of postage, by a pe rs onal or
K
oOicial privilege.
the country generally, of common ri ght . It
FRANK, adj. In old Engli sh law. Free.
is essential to the character of a franchise
Occurring in several compounds.
that it sho uld be a g rant from the sover ei gn
authority, and in this country DO franch ise FRANK-ALMOIGNE. In EngJish law L
can be held which is not derived fro m a Fre e alms. A spirit ual tenure whereby re·
law of the state. See Ang. & A. Corp. ligious corporations , aggregate or sole, held
§ 104: 3 Kent. Comm. 458; 2 BJ. Comm. 37. lands of the donor to them and their succes·
In En gland, a franchise is defined to be SOl'S forever. They were d isc harged of all
• royal privilege in the hands of a subj ect. other except fp l i giou s services, and the tri­ M
In this country, i t is a privilege of 8 p ub · noda necessitas. It differs from tenure by
 FRANK BANK 516 FRATERN I A

divine service, i n th at the latter required the procreation . The donees are Hable to no
performance of certain divine services. service except fealty. and a reser ved rent
whereas the former. as its name impurts, is would be void, until the fourt h degree of con­
tree. This tenure is expressly excepted in sangui nity be passed between the issues of
the 12 Car . II. c. 24, § 7, and therefore still the donor and donee. when they were capabl&
subsists in some few i n stances . � Broom & by the Jaw of the church of in termarry ing.
H. Corum. 208. Litt. � 19; 2 HI. Comm. 115.

FRANK-PLEDGE. In old E n glisli law.

FRANK BANK. In old E nglis h law.
Free bench. Litt. § 166; Co. Litt. nOb.
A pledge or surety for fre e m e n ; that is, the
See FREE-HENon. pledge. or co rpo rate responsiLility. of all the
inhabitants of a ti th i ng for the general good
F R A N K - CHASE. A li berty of free behavior of each free-- born citi�en above the
cbase enjoyed by any one, whereby aU other age of fourteen, and for his bei ng forthcom­
persona having ground within that compass ing to answer any infraction of the law.
are forbidden to cut down wood, etc. • even Tefmes de la Ley; Cowell.
in their own demesnes, to the prejudice of
FRA NK- T ENA NT. A freeholder.
the owner of the liberty. Cowell. See
Litt.
§ 91.
CHASE.
FRANK-TENEMENT. In Englisb law.
FRANK-FEE. Fre ehold lands exempt­
A free tenement. freeholding. or freehold.
ed from all services. out not from homage;
2 B l . Comm. 61. 62, 104; 1 Steph. Comm.
lands held otherwise than in ancient de.
217 ; Bract. fol. 207. Used to denote both
mt!8ne.
the tenure and the estate.
That whicb a man holds to himself and
his heirs, and not by such service as is re­ FRANKING PRIVILEGE. The priv.
quired in a nc ie n t d e mesne. accord ing to the i1ege of se ndi n g certain matter through the
custom of the manor. Cowell. p u bli c malls without payment of postage. in
l'ursuan ce of a personal or offici al pri vilege.
FRANK FERM. In English law. A
FRANKLEYN, (spelled, also. II Franc­
species of estate held in socage. said by Brit­
ling" and " Fmllklin, " ) A freeman; a freaa
ton to be "lands and tenem ents whereof the
bolder : 8 gentleman. Blount: Co well.
nature of the fee is cbanged by feoffment out
of chi val ry for cf'rtain yearly serVIces, and
FRASSETUM. In old E nglish law. A
in respect w llereof neither homage. ward,
wood or wood-ground whel'e ash-trees grow�
marriage. nor relief call be demanded . " Britt.
Co. Litt. 4b.
c. 66; 2 Ill. ComID. 80.
FRATER. [n tbe civil law. A brother.
FRANK-FOLD. In old English law. FTater consanguineus, a brother having the
}�ree-fold; a privilege for lhe lord to have all s am e father. but born of a di/Terent mother,
the sheep of his tenants and the inhabitants F1'ater uterinus, a brother born of the same
within his sei gniory, i n his fold. in his de­ mother. but by a different father. F1'ater
mesnes, to manure his land. Keil w . 198 . nut1'iciu8. n. bastard brother.

FRANK-LAW. An obsolete expression Fra.ter fra.tri uterino Don Buccedet in

lignify in g the ri g hts and privileges of a cit­

hmreditate pa.ter na . .A. brother shall not
succeed a utl'fi n � uruther i n Lhe pate rn al in­
izen, or the liberties and civic rights o[ a
heritance. 2 BI. Comm . 223: Fortes. de
freeman.
Laud. c. 5. A m a x i m of the common rawol
FRANK-MARRIAGE. A specIes of en­ England, now superseded by the stat ute 3 &
tailed e�t��tes. in English Jaw, now grown out 4 Wm. IV. c. 106, � 9. Se e Broom, Max.
of use, but still capaole of subsisting. \Vhen 530.
tenements are gi ven by one to another,
FRATERIA. In old records. A frater­
together with a wife, who is a daughter or
n i ty, brotherhood. or society of religious per­
cousin of the donor, to bold in franl,-mar­
sons, who were mutually bound to pray for
riage. the donpes shall have the tenements to
the guod health and life, etc., of their living
thtlffi and the heirs of their two bodies be­
brethren. amI the souls of those that were
gotten, i. e.. . i n special tail. For the word
dead. Cowell.
j< frank-marri age." e:D vi termini. both cre­
ates and li mits an i nheritance. not only sup­ FRATERNIA. A fraternity or brother.
plying words of descent, but also terma of hood.
 FRATERNITY 517 FRAUDS, S�l.'ATUTE 01'

FRATERl'HTY. .. Som e people of a tention to prevent creditors from recovering their

just debts by an act which withdraws the proper.
place united togethe r. in respect of a mys lery
ty of a debtor from their reach, Fraud In law
and businees, into a com pa ny . to 1 Salk . 193. consists in acts which, though not fraudulently in­
lended, yet., as their tendency is to defraud credo
FRATRES CONJURATI. Sworn
itors if tlley vest the property of the debtor in hiJ
brothers or com panions for the defense of grantee, are void for legal fraud, and fl'audulent
their sovereign, or for other p urposes. in themselves. the policy of the la.w making the
lioved. 445. acts illegal. Actual fraud i s always a question fOl
the jury; legal fraud, where the facts are undis·
FRATRES PYJilS. In old Engl ish law. puted or are ascertained, is for the court. 64 Pa.
St. 3;)(;,
Certain friars wbo wore while and black
The modes of fraud Bre infinite, and it bas been
gnrments. 'Valsingballl. 124. said that courts of equity have never laid down
what shall constitute fraud, or any general rule,
FRATRIAGE. A younger b rother 's i n­ beyond wbich they will not go, on the ground of
berit ance. fraud. Fraud is, however, usually divided into
two large classes,-nctual fra.ud and constructht:e
FRATRICIDE. One who bas killed a fraud. An actual fraud may be defined to be som�
brother or sisler; alsotbe killin g of a broth er thing said, done, or omitted by a person with the
or sister. design at perpetrating what he must have known
to be a positive fraud, Constructive frauds are
FRAlID. Fraud consists or some deceit­ acts, statements, or omissions which operate as
ful practice uf·willful device. l'l!sorted to with virtual frauds On individuals, or which, if genor·
ally permitted, would be prejudicial to the public
intent to deprive anoth er of his right. or i n
welfare, and yet may have been unconnected with
so me manner to d o him an injury , As dis­
any selfish or evil design; as, for instance, bonds
tinguished from negligence. it is al ways pos i­ aod agl'ooments entered into as a reward for using
tive. intentional. 3 Denio. 232. influenoo over another, to induce him to make a
Fraud. as app l ied to contr acts, is the cause will for the beneflt of the obligol', 1.'01' such COD­
tracts encourage a. spirit of ll.t'tiflC3 and schemillg,
of aD error btlari ng on a malerial part of the
nnd tend to deceive and injure others. Smith,
contract, created or contin u ed by ar tifice, Man. Eq,
with design to obtain som e u nj u st advantage
Synonyms. Th e term "fraud" is some­
to the o ne party, or to cause- an inconven­
G
times used as synonymous with "covin,"
ience or loss to the other. Oi dJ Code La.
" collusion , " or "deceit." But dis tinc t ions
.rt. 1347. are properly t aken in the meanings of these
Fraud, in the sense of n court of equity,
words, for which reft.·nmce may be had to t.11e
properly i nclu des all acts, omissions, and con­
ti tl es CoVIN� CoLLUSION; DECEIl'.
H
cealments wh i ch involve a bre ach of legal or
eqUi table duty, trust, or con fhlence justly re­ FRAun IN FACT. Adu al, positive,

posed, and are injurious to another, or by intentional fraud. Fra.ud disclosed by mat­

which an undue and ullconscientiolls ad­ ters of fact. as d isti nguis h ed from const.ruct­
v;wtage is taken of ano ther. 1 Slory, Eq. ive fraud or fraud in law.

Jur. § IH7. FRAUD IN LAW. F"aud In contem­

Tbe unlawful approp ri ation of another's plation of,law; fraud i mplied or infe r red by
property, with l:':llowledge , by design and la w ; fraud made out by tOllsLruclion of la w.
without criminal i nte nt. Bac. .A.bl'. as distinguished fr om fntlal f ou nd uy a jury
Frautl may be actual or constructive.
J
from matler of fact; construcli ve fmud. (g.
Actual fraud consists in any kind of artifice u.) See 2 Kent, Comm. 512 532.
by which another is decei v ed . Constructive
FRAUDARE. In the ci vil l"w. To d",
fraud consists in any act of omission or com­
celve, cheat, or i mpose lIpon; to defrauu.
misl!lion contrary to legal or equitable duty,

K
trust, or confidence justly reposed, which is FRAUDS, STATUTE OF. Th is is th e
contrary to good conscience and operates to common designation of a very celebrated
the inj ury of an o t.h er. '£he former implies ]� ng lis h staLute. t2� Car. II. c. 3,) passeu in
moral g uilt ; tbe laUer may be consistent witb 1677. and w hi ch has be en adopted, in a usore
In nocence. Code Ga. 1882. § 3173. Actual or less U10ditied form, i n nearly all of t he
fraud is otherwise called " fr aud in fact."
ConstrucLiv e fra ud is also called " fraud in
United States . Its chief characteristic is the l
provi sion t hat no suit or ac lion shall be main·
law." tai ned on certain classes of contracts or en·
Act1!at or positive fm,ud Includes
cases of the gage me nts unless there shall be a note or
lotentional and successful employment of any cun·
memorandulQ thereof in writ.in g sig ne d by
ning, deception, or a.rtifice, used to circumvont,
cheat, or deceive another. 1 Slory, Eq, Jur. § IS6.
the party to be charged or by his autho r ized M
Actual fraud or fraud ill fact consists in the in, agent. Its , Object was to c103e the cloor to
 FRAUDULENT CONVEYANCE 518 FREE

the nu merous frauds which were believed to
be perpetrated, and the perjuries which were
believed to be committed. wilen such obliga­
tions could be enforced upon no other evi­
dence than the mere recollection of witnesses.
It is more fully named as the " statute ot
frauds and perjuries. n
ment of Rome fact that is material to the con­
tract, and had the truth regarding which been
known the contract would not have been
made as made. is called a " fraud dans locmm
coutractui ; " i. e., a fraud occasioning the
contract. or giving place or occasion for the
contract.

FRAUDULENT CONVEYANCE. A Fraus est celare fraudem. It is a fraud

conveyance or transfer of property, tbe object to conceal a fraud. 1 Vern. 240; 1 Story.
of \
.... hich is to defraud a creditor, or hinder Eq. J ur. §§ 389, 390.
or dclay him, or to put such property beyond
Fraus est odiosa at non prre sumenda.
his reach.
Fraud 18 odiolls, and not to be presumed .
.Every transfer of property or charge there­
Cro. Car. 550.
on made, every obHgatiou incurreu, and every
judic ia l proceeding taken with intent to de­ Fro.uB et dolus nemini patrocinari de­
lay or defraud any creditor or other person bent. Fraud and deceit should defend or
of his demands, is void against all credi tors excuse no man . 3 Coke , 78; Fleta , lib. 1, c.
of the t1ebtor. and their sttccessors in interest. 13, § 15; Id. lib. 6, c. 6, § 5.
and against any person upon whom tile estate
of the debtor devolves in trust for the benefit Fraus at jus nunquam oohabitant.
of otbers than tbe debtor. Civil Code Cal . Wing. 680. Fraud and j ustice never dwell
§ 3439. toget her.

A transfer made by a person indebted or in em­ FrauB latet in generalibus. Fraud lies
barrassed circumstances. which was intended Or
bid in gen eral expressions.
will necessarily operate to defeat the right of his
creditors to have the property applied to the pay­
FRAUS LEGIS. Lat. In the civil law.
ment of their demands. Abbott.
Fraud of law; fraud upon law. �ee J�
FRAUDULENT CONVEYANCES, FRAUDEM LEGIS.
STATUTES OF, OR AGAINST. The
Fraus meratur fraudem. Plowd. 100.
name given to two celebrated English stat.
Fraud merits fraud.
utes,-the statute 13 El i z. c. 5. made perpet­
lIal by 29 Eliz. c. 5; and the statute 27 Ellz. FRAXINETUM. In old English law.
c. 4. made perpetual by 29 Eliz. c. 18. A wood of ashes; a place where ashes grow.
Co. Litt. 4b; Shep. Touch. 95.
FRAUDULENT PREFERENCES. In
English Jaw. Every conveyance or transfer FRAY. See A'-FE",Y.
of property or charge thereon made. every
judgment made. every obligation incurred, FRECTUM. In old English law.
and every judicial proceeding taken or suf­ Freight. Qu,Qad /I'ectum uaviu,m suarum,

(£Ired by any person unable to pay his debts as to the freight of his vessels. LUount.

as they become due from his own moneys, in

FREDNITE. In old English la w. A
favor of any credit.or, with a view of giviHg
liberty La hold courts and take up the fines
such creditor a prf'ference over oLher credit,.. for beating and wounding. To be free from
ors . shall be dE-ellled fraudulent and void if
Ones. Cowell.
the debtor become bankrupt within three
months. 32 & 33 Viet. e. 71, § 92. FREDSTOLE. Sanctuarie.; .eats 01
peace.
FRAUNC, FRAUNCHE, FRAUNKE.
See FHANK. FREDUM. A fine paid for obtaining
pardon wilen the peace had been broken.
FRAUNCHISE. L. Fr. A franchise.
Spelman; Blount. A sum paid the magis­
FRAUS. Lat. Fraud. More commonly trate for protection against the right of ra-­
callt!d. in the civil law, " dolus" and " dolus venge.
malu.s , " (q. v.) A disti nction. however, was
FREE. 1. Unconstrained ; having power
somelimes made between " fl'aus" anll.
to follow the dictates of his own will. Not
"dvlus ;" the former being beld to be of the
subject to the dominion of another. Not
most extensive import. Calvin.
compelled to involuntary servitude. Used in
FRAUS DANS LOCUM CONTRAC·
'rUl. Lat. A misrepresentation or conceal· I this sense as opposed to " s lave."
2. Nat bound to service for .a. fixed term of
 ]'REE
years ; in distinction to being hound as an
apprent.ice.
3. Enjoying full civic rights.
4. Available to all citizens a.like without
cbarge ; as a free school.
5. Available for public use without cbarge
or toll; a.'i a free bridge.
6. Not despotic; assuring liberty ; defend­
ing individual right� againsL encroachment
by any person or class; Instituted by a free
people; said ot goverum..,nts. institutions.
etc. Webster.
7. Certain, and also consistent with an
honorable degree in life; as free services. in
the feudai ia w.
8. Confined to the person possessing. in­
stead of lJeing shared witb others; as a free
fil)hery.
9. Not engaged in a war as belligerent or
ally; neulral; as in the maxim, U}'ree ships
make free goods."
FREE ALMS. The nalDe of a species of
tenure. See FRANK-ALMOlGNE.
FREE- BENCH. A widow's dower out
of copyholds to which she is entitled by the
custom ot some manors. It is regarded as a n
excrescence growing out of the husband's in­
terest, and is indeed a continuanco of his es­
tate. Wharton.
FREE-BORD. In old record,. An al­
lowance of land over and above a certain
limit or boundary, as so much beyond or with­
out a fence. Cowell; Blount.
Tbe right of claiming that quantity.
Termes de la Ley.
FREE BOROUGH MEN. Such great
men as did not eng;lge, like the frank-pledge
men, for their de<:Gllnier. Jacob.
FREE CHAPEL. In English ecclesias­
tical law. A place of worship, so called be­
cause not. liable to the visitation of the ordi­
nary. It is al ways of royal foundation, or
founded at least by pri vate persons t o whom
the crown bas granted the privilege. 1
Burn, Ecc. Law, 298.
FREE COURSE. In admi ralty law. A
vessel having the wind from a favorable
quarter is said to Bail on a " free course."
FREE ENTRY, EGRESS, AND RE­
GRESS. An expression used t.o denote that
a person has the right to go on lanu again
and aga,in as oHen as may be reasonably lIec·
essary. Thus. in the case of " tenant enti·
tJed to emblt.!Inents.
519 FUEEDMAN
FREE FISHERY. A franchise In the
handl:! of a subject.. existing by grant or pre­
script.ion, distinct from an ownerslJip in the
soil. It is an exclusive right. and applies to
a public navigab16 river, without any right
in the soil. 3 Kent. Comm. 410.
FREE ON BOARD. A sale of goods
u free on board " imports that they are 1.0 be
delivered on boa.rd t.he cars, vessel. etc., with­
out expense to the buyer for packing, cart.
age, or other Bucb charges.
In a contract fot" sale and delivery of goods "free
on board" vessel, the selier is under no obligation
to actuotil tbe buyer names the ship to which tbe
delivery is to be made. 117 Pa. St. 508, 12 AtL
Rep. 8'J.
FREE SERVICES. In feudal and old
English law. Such feudal services as were
not unbecoming the character of a soldier or
a freeman to perform; as to serve under his
lord i n the wars, lo pay a sum of money, and
the like. 2 Bl. CODl Ill. 60, 61.
F R E E SHIPS. In international law.
Ships of a neutral nation. The phrase " free
ships shall make free goods " is often inserted
in tre.1.ties. meaning t.hat goods, even though
belonging to an enemy, shall not be seized or
confiscateu, iffound in neutral ships. Wheat.
In�. Law, 507, et seq. G
FREE SOCAGE. In English law . .A.
tenure of lands by certain free and honoralJle
services, (such as feaJtyand rent, ) and which
are liquidatl'd and reduced to a certuinty. It H
was called. "free socage" because the serv-
ices were not only free, but honorable; where-
as i n 'lJillein socage the services. though cera
tain, were of a baser nature. 2 HI. Comm.
78. 79.
,
FREE SOCMEN. In old English law.
Tenants in free socage. Glanv. lib. 3, c. 7 ;
2 Bl. Comm. 79.
J
FREE TENURE. Tenure by free serv­
ices; freehold tenure.
FREE WARREN. A franchise for the
preserving and custody of beasts and fowls
of warren. 2 HI. Comm. 39, 417; Co. LiLt.
233. This franchise gave the grant.ee sole
right of killing, so far as bis warren extend­
ed, on condition of excluding other persons.
2 Bi. Comm. 39. L
F R E E D M A N . In Rornan law. One
who was set free from a state of bondage ;
an emanCi pated slave. The word is uset! in �
tIle same sense in the United States, respec t- III
ing negroes who were formerly slaves.
 FREEDOM 520 FRE1GH'r

FREEDOM. The state of being free; old English law, the word described a free­
liberty ; self-determination : absence of re-­ holder or tenant by free services; one who
atraint; the opposite of slavery_ was not a villein. In modern legal phrase·
'fbe power of acting, in the cbamcter of a ology. i t i s the llppellation of a member ot a
moral personality, according to the dictates city or borough having the right oC suffrage.
of the will, without other check, hindrance. or a I1ll"mUer or any muni cipal corporation
or prohibition than such as may ue im posed invested with full civic rights.
by just and necessary laws and the dULies of A person in tbe posseSSion and enjoymen'
social life. of all the civil and political rights accordt:d
The prevalence, in the government and to the people under a free government.
constitution of a country. of such a Ilystcm of
FREEMAN'S ROLL. A list of person,
laws alld institutions as secure civil liberty
admiLted as b urgesses or freemen for Lhe
to the individual citizen.
pur poses of the rights reserved by the mu·
FREEHOLD. An estate in land or other nicipal corporation act. (5 & 6 \Vm. IV.
real property. of u ncert.ain d l l ration ; that is. c. 76.) Distinguislled from the Burgess
either of inherila.nce or which may possibly Roll. 3 Stepb. Comru. 197. The term \Vus
last for the life of the tenant at the least, (as used, in early colonial history, in some of the
distinguished from a leasehold ;) and held by American colonies.
a free tenure, (as distinguished from copy ..
F R E I G H T . Freight is properly the
hold or villeinage.) price or tom .'t'llsation paid for the tmns·
Such an interest in lands of frank�tenement as portaLion of goods by a carrier, at sea, froan
may endure not only durins;t' the owner's life, but
port to port. nut the term is also used to
wbicb is cast after his death upon the persons who
successively represent him, according to certain denote the hire paid for the carriage o f goods
rules elsewhere explained. Sueh persons arc on land froUl place to place, ( usually by a
called "heirs, " and he whom they thus represent, railroad company, not an express company.)
the "IlDcestor. " When the interest extends beyond
or 011 inland streams or lakes. The D a m e
the ancestor's life, it is culled a "freehold of inhor�
itance, " and, when it only endures for the ances­
is also applied to t h e goods or merchandise
tor's lile, it is lit freehold not ot inheritance. transported uy any of the above means.
An estate to be 8 freehold must possess these Property carried is called " freight;" the
two qualities: (l) Immobility, that is, the prop·
reward, if nny, to be paili for its carriage
erty must be either land or some interest i.ssuing
out of or anllexed La land i and (2) indetcl'minate
is called "freightage ;" the person who de.
duration, for, if the utmost pel'iod of time to which livers the freight to the carrier is called the
an estate caD endure be fixed and determined, it "conSignor;" and the person to whom it is
cannot be a freehold. Wharton. to be dAlivered is called the " consignee."
Civil Uode Cal. § 2110; Civil Code Dak.
FREEHOLD I N L A W. A freehold
§ 1220.
which bas descended to a man, upon which
The term "freight!! has several ditrereat menno
he may enter at pleasure, but which he bas ings, as the price to be paid for the carriage ot
not entered on. TerlOes de la Ley. goods. or for the hiL'e of 0. vessel under a charter­
party or otherwise ; and !Jomet.imes it designates
FREEHOLD LAND S O C I E T I E S . goods carried, a.s " a fl'eight of lime, II or the like.
Societies in England designed for the pur­ But, as a subject. at insurance. it is usod in one of
the two former senses. 10 Gray, l()(J.
pose of enabling mechanics. artisans, and
Tho sum agreed on for tbe hire of a ship, en·
other working-me14to p u rchase at the lea�t t. rely or in part.. for the carriage at goods from
possible price a piece of freehohl land of a one port to anot.her. 18 East, BOO. All rewards or
su fficient yeady value to entitle the owner compensation paid for the use of ships. 1 Pet..
Adm. 200.
to the electi ve franchise for Lhe county in
Freight is a compensation received for the trans­
which the land is situate..., Wharton. port.ation of goods and mercha.ndise from port to
port; and is never claimo.blo by the owner of the
FREEHOLDER. A porson who pos­ vessel until the voyage haa been performed and
sesses a freehold estate. terminated. 7 Gill & J. 800.

" Dead freight" is money payable by a per­

FREEMAN. This word has had various
sun who bas chal·tered a ship and only partly
meanings at different stages of bisLory. In
loadt!d her. in respect of the loss of freight
the H.oman law, it denoted one who was
caused to the ship·owner by tbe deficiency ot
either born free o r emancipated, and was
cargo. L. R. 2 H. L. Se. 128.
the opposite of u sI<�ve. " In feudal law. it
designated an allodial proprietor, as distin� Fr eight is the mother of wages. i
guislled [rum a vassal or feudal tenant. In Show. 283; 3 Kent, Com m. 196. Where a
 FREIGHTE R 521 FHlDHllURGUS

voyage Is broken up by vis ma(jo1', and no FRESH FORCE. Force done within
freight earned, no wages. eo nomine. aredue. forty days. Fitzh. Nat. Brev. 7 ; Old Nut.
Bre\'. 4. The heir or reversiol1f'r in a case ot
FREIGHTER. In maritime law. The d isseisin by fresh foroe w as allowed a remedy
party by whom a vessel is engaged 01' cl1ar� in chan cery by bill before the mayor. Cowell.
tered ; otherwise called the f< charterer. " 2
Steph . C�)Jnm. 148. In French law, the cwner FRESH PURSUIT. A pursuit insl!­

of a vessel is called the " freighter," (f1'etfnt1';) tuted irnme:ciiately. a nd with intent to reclai m

the merchant who bires it is called the ('af_ or recapture. after an animal escaped, a thief
treiglltel', " (a.ffreteu1'.) Emerig. Tr. des Ass. flying wi tb stolen goods. etc.
ch. n. § 3. FRESH SUIT. In old English law.

FRENCHMAN. In early times. in En­

Immediate and ullremitting pursuit of an es·
glish law. this term was applied to evel'Y caping thief. 448uch a present and ear­
man. Bract. lib. 3, nest fo ll o wing- of a robber as never ceases from
stranger or " outlandish"
tr. 2. c. 15. the time of the robbery u n ti l apprehension.
The party pu rsui n g then had back again his
FRENDLESMAN. Sax. An outlaw.
goods, which otherwise were forfeited La the
So called because on his outlawry he was de­ crown." tltaunl\ef. P. C. lib. 3. cc. 10, 12;
nied all belp of friends after certai n days. 1 Bl. Comm. 297.
Cow ell; Blo u nt.
FRESHET. A flood, or overflo wing of a
FREND WITE. In old Engli sh law. A
river, by means of rains or melted sn ow ; an
mulct or fine exacted from him who harbored inundation. 3 Phila. 42.
an o ut la wed friend. Cowell; 'romlins.
F R E T . Fr. In French marine law.
FRENETICUS. In old En glish law. .A. Freight. Ord. Mar. liv. 3, tit. 3.
ma dman, or person in a frenzy. Fleta, lib.
FRETER. Fr. In Fr e nch marine law.
1. c. 36.
To freight a ship; to let it. Emeri g. Tr. des
FREOBORGH. A free�surety, or free­ Ass. c. 11. § 3.
pledge. Sp elman. See Fn.A�'X�PLEDGE.
FRETEUR. 1 .. r.
.. In French marine law. G
FREQUENT, tI . To visit often ; to re­ .Freighter. The owner of a sh i p, who lets it
sort to often or habitually. 109 Ind. 176, 9 to the merchant. Emerig. Tr. des Ass. c. lI,
N. E. Hep. 781. � 3.
Frequentia actuB multum operatur. FRET TUM, FRECTUM. In old En- H
Tbe frequency of an act effects m ucll. 4 glish law. The fre i ght of a ship; freight
Coke. 78 ; Wi ng. Max. p. 719. max. 192. A money. Cowell.
continual usage is of grent effect to establish
FRETUM. A strait.
a right.
F R E T U M BRITANNICUM. The
FRERE. A brother. PreTe eyne. elder
strait between Do ver and Calai s.
brother. 1I1'ere puisne, younger brother.
Britt. c. 75. FRIARS. An order of religious persons,
of whom there were four princi pal branclies,
FRESCA. In old records. Fresh water,
or rain and land fiood.
viz.: (1) ,MinorR, Grey Friars. or Francis­
cans; (2) Augustines; (3) Domi ni cans , or J
FRESH DISSEISIN. By the ancient Black J!' riars; (4) White Friars, or Carmel­
common law, where a JUan had been disseised, it es, from wholll the rest eJescend. Wbarton.
he was alJowed to rjgh� himseU by force, by
FRIBUSCULUM. In the civ!l law. A
ejecting the disseisor from the premises,
temporary separatio n between husband aod K
without resort to law. provided this was uone
wife. caused by a quarrel or estran ge ment,
forthwith. while the disseis i n was fresh,
bllt not am o u nti ng to a d iv orce, because not
(flagrante disseisina.) Bract. fol. 1626.
No particular time was limited for doing this. acc om pan i ed with an intention to dissolve
bui Bracton suggested it should be fifteen the marriage. l
days. 1d. fol. 163. See Britt. cc. 32. 43. FRIDBORG. FRITHBORG. Frank­
44, 65. pledge. Cowell. Security for lh6 peace. Spel�
FRESH FINE. In old E ngli sh law. A man.
fine that had been levied within a year past. FRIDHBURGUS. In old English law. M
St. Westm. 2. c. 45; Cowt:!ll. A kind of frank·pledge, by which the lords or
 FRIEND OF THE COURT 522 FRUCTUS CIVlT.ES

princIpal men were made r�sponsibJe for their
depend ents or �ervants. Bract. fol. 124b.
FRIEND OF THE COURT. See A'Il­
eus CURLE.
FRIENDLESS MAN. In old English
law. An ou tlaw ; so called becausp he was
denied all help of friends. Bract. lib. 3, tr.
2, c. 12.
FRIENDLY SOCIETIES. In English
law. Associati on s s u pported by su bscrip­
tion. for the relief and maintenance of the
members, or their wives , children, relatives,
and n omin ees , in Aickness, infancy, advanced
age, wi do w hood , etc. The statutes regulat­
ing these societies were co nsolid at� d and
amended by St. 38 & 39 Vict. c. 60. Whar·
ton.
FRIENDLY SUIT. A .ult bro ught by
a creditor in ch ancery against an exec u tor or
administrator, being rea.lly a suit by the ex­
ecutor or administrator, i n the name of a
FRITHSPLOT. A spot or plot of land,
enCircli ng some stone. tree. or well, consid.
ered sacred. and therefore affordin g sanct;..
uary to criminals.
FRIVOLOUS. An answer or pl ea 111
called "fri volou s " when it is clearly insuffi­
cien t on its face. and does not controvert the
material paints of the opposite pleading, and
is prcsllmably interpos ed for m ere purposes
of d elay or to embarrass the plai nt ill.
A frivolous demurrer has been ueflned to
be on e which is so clearly untenable. or ita
insu fficiency so manifest upon a ba re i ns pec·
tion of the pleadings. that its character Illay
be determi n ed wi tho ut a rg ument or resear ch .
40 Wis. 558.
FRODMORTEL, or FREOMORTEL.
An immlluity for com mitti ng man slau ghter.
Mon. Angl. t. I , p. 173.
FRONTAGE-FRONTAGER. In En·
glish law a frontager is a person owning or

creditor, against himself. in order to com pel occupyi ng land which abuts on a highway,
the creditors to take an equal distribution of river, sea·shore, or the like. The terlll is
gem'ral ly uspd with reference t o the l iab ility
the assets. 2 \Villiams, E x ' rs . 1915.
Also any suit. instituted by agreement be­ of fron tagers on streets to contributtl towards
tween the parties to obtain tile opinion of the
the expense of paving, d rain i n g. or other
cOllrt upon some do u btf ul q uestion in which works o n the high way carried out by a local
authority. in proportion to the frontage of
they are interested .
their respective tenements. Sweet.
FRIGIDITY. Impotence . Johnson.
FRUCTUARIUS. Lat. I n th e CIvil
FRILINGI. Persons of free descent, or
Jaw. One who had the usufruct of a th i ng ;
freemen born; the middle class of p er sons i. e.) the u�e of the fruits, proOts, or increase.
among t.he Saxons. �pelman.
as of land or an i mals , lust. 2, 1, 36, 38.
:FRISCUS. Fresh uncultivated ground. Bracton applies it to a lessee, fermor, or
Mon. Augl . t. 2. p. 56.
F resh j not salt. farm er of land, or Olle who held lands ad
Reg. Orig. 97. Recent or new . See FRESH. flnnam, for a farm or term. Bract. Col. 261.
and s u bsequen t ti Lles.
FRUCTUS. Lat. In the civil la,w. )i'ruit.
FRITHBORG. Frank-pledge. Cowell, fruits; prod u ce ; profit or i nc rease ; the or­
ganic proLluciions of a thi n g. F1"Ucttt.'Jfll,ndi,
FRITHBOTE. A satisfaction or fine for
t he fruits of land. F1"UCtUS pecudutn. the
a brench of tbe peace.
produce of tlocks.
FRITHBREACH. The breaki ng of the The right to tbe fruits of a thing beJongin g
p eace. Cowell. to anot her.
The com pens ation which a man receives
FRITH GAR.· The year of j Ub il ee, or of
from another for the use or enjoy m l!n t of a
m eeting for peace and fr ie nds hi p. Jacob.
thin g, such as interest or rent. ::iee Macl{ehl.
FRITH GILDA. G u ildhall ; a company Hom. Law, § 167; lllst. 2. 1, 35, 3 7 ; Dig. 7.
or fraternity tor the mai nte nance of peace 1, 33; ld. 5, 3, 29; ld. 22, I, 34.
and security; also a fine for breach of the Fructus Bugent hrereditatem. The
peace. Jacob. yearl y increase goes to encbance the inherit­
FRITHMAN. A member of a company nnce. Di g. 5, 3, 20, 3.
or fraternity. Blount.
FRUCTUS CIVILES. (Lat. Civil fmit.. \
F R I T H S O C N E. Su rety of defense. .All reven ues and recompenses wbi,ch. thougn
Jurisdiction of the peace. The fra nchi se of not f1'uits, proper ly speaki ng. are recognized
preserving the peace. Cowell; Spel m an . as s u ch by the law.
 FRUCTUS INDUSTRIALES 528 FRUSTRA PETIS QUOD. ETC.

FRUCTUS INDUSTRIALES. Indus­ ject-matter of the crime. Burrill, Ci rc. Ev.

trial fruits, or fruits of i nd ustry. rrhose 445; i Benth . rud. Ev. 31.
fruits of a thing. as oC l and . which are pro-­
Fru loenta (;lure sate. sunt Bolo ceders
dllced by the labor and industry of th e occu­
intelli�untur. G rai n which Is sow n is un·
pant. as c rops of grain ; as distinguished from
dersto()(J to forn. a part of the s oil. lnst. 2.
5uch as are produced solely by the powers of
1. 32.
natlL re. Emblements are so cal l ed in the co m­
mOD law. 2 Steph. Comm. 258; 1 Chi t. Gen. FRUMENTUM. In the civi l law. Grain.
Pro 92. That w hich grows in an ear. D ig. 50. 16,77.
FRUCTUS NATURALES. Those pro d­ FRUMGYLD. Sax. Th e first pay ment
ucts which are produced by the powers of made to tbt' kindred of a slain person in rec­
nature olone; as wool, metals, milk, the ompense fOJ bis murder. Blount.
young of animal�.
FRUMSTOLL. Sax. In Saxon law. A
FRUCTUS PEN DENTES. Hanging or mansion bouse. Cowell.
chief seat,
fruits; those not severed. The fruits united
with the thi ng which produces them. '.rhese FRUSCA TERRA. In old records. Un­
form a part of the principal thing. cultivatf'd and desert ground. 2 Mon. Angl.
327; Cowell.
Fructus pendentes pa.rs f1.1 ndi viden­
tnr. Hanging fr ui ts make part of the land. F R U S S U R A. A breaking; plowing.
Dig. 6. 1. 44; 2 Bouv. Inst. no. 1578. Cowell.

Fructus perceptos villre non esse con­
sta.t. Gathered fruits do not mak e a part of
the farm. Dig . 19, 1, 17, Ii 2 Bouv. lnst.
no. 1578.
FRUCTUS REI ALIENlE. The fru its
of anoth e r' s property; fruits taken from an­
other 's estate.
FRUCTUS SEPARATI. In the civil
law. !:ie parate fruits ; the fruits of a thing
when they are separated from it. Dig . 7, 4.
13.
FRUGES. In the civil law.Anything
prod u ced from vines, underwood, chalk-pits.
stone-quarries. Dig. 50, 16, 77.
Grains and leguminous vegetables. In a
more restricted sense, any es c u l en t gro w in g
In pods. Vicat, Voc. Jur.; Calvin.
FRUIT. of a tree or plant
The produce
Which contains the seed or is us ed for food.
This term, in legal acceptation, is not con­
fined to the produce of those trees which in
popular langu age are called " fruit trees , " but
applies also to the prod uce of oak, elm, and
walnut tre.s. 5 BarD. & C. 847.
FRUIT FALLEN. The p rod uce of any
possession det ach ed therefrom. and capable
of bei ng enjoyed by itself. Thus. a next
presentation, wh en a vacancy bas occurred,
is a fruit fallen from the adVo wson. Whar­
ton.
FRUITS OF CRIME. In the law of
evidence. Material objects ac qU ired by means
and in oonsequence of the c omm iss ion ot
crim e, and lIometiwea constiLuting the sub-
Frustra agit qui judicium prosequi
nequit cum efi'ectu. He snes to no purpose
who cannot prosecute his j U dgment with ef..
fect, [who cannot have the fruits of his judg­
ment.] Fleta. lib. 6. C. 37. § 9.
Frustra [vana] est potentia. qure nun­
quam venit in actum. That power is to 6
nopu rpose which never comes into act. or
which is never exercised. 2 Coke, 51.
Frustra expectatur eventUB cujUB ef­
fectus nullus sequitur. An event iR vainly H
expecttld from which no effect follows.
Fruetra feruntur leges nisi subditis et
obedientibus. Laws are madi' to no pur.
I
pose, except for those that are subject and
obedienL. Branch, Princ.
Frustra fit per plura, quod fieri potest
per pauciora. That is done to no purpose
J
by many things which can be done by fewer.
Jellk. Cent. p. 68, case 28. The employment
of mure means 01' in s tr u men t s for effe cti n g a
thin g thun are necessary is to no purpose.
Frustra legis auxilium invocat [qurerit]
qui in legem committ it. He vainly in...
K
vokes the aid of th e law who transgresses the
Jaw. Fleta. lib. 4. C. 2. § 3 ; 2 Hale. P. C.
386; Broom. Max. 279. 297.
L
Frustra petis quod mox es restiturus.
In vain you ask that which you \\-' ill ha ve
immediately to restor e. 2 Kames, Eq. 104j
5 MaD. & G. 757.
Frustra petia quod statim alteri red. M
dera cogar1s. Jenk. Cent. 256. You ask
 FRUSTRA PROBATUR. ETC. 524 FUGITATE

in vain that which yon might immediately /uero ecclesiastico,fu.e1'o militar. See Schm.
be compelled to restore to another. Civil Law, lntrod, 64.
Frustra probatur, quod probatum non FUERO DE CASTILLA. In Spanis�
relevat. That is proved to no purpose which, law. The body of laws and customs which
when proved, does not help. Halk. Lat. formerly governed the Castilians.
Max. 50.
FUERO D E CORREOS Y CAMI ·
FRUSTRUM TERRlE. A piece or par­ NOS. In Spani sh 'law. A spt:cial tribunal
eel of land lyi n g by itself. Co. Litt. 5b. taking cognizance of all matters relati ng to
the pos t-om ee and roads.
FRUTECTUM. In old records. A place
overgrown with shrubs and bushes. Spel­ F U E R O DE GUERRA. In Spanish
man; Blount. lnw. A special tribunal t.'1ki ng cognizance
of all matters in relation to persons serving
FRU T 0 S . In Spanish law. F rui ts ;
in the army .
products; pro du ce ; grains; profits. White.
New Recap. b. 1. tit. 7. c. 5. § 2 FUERO DE MARINA. In Spanish
law. A special tribunal taking cogn iz ance
FRYMITH. In old Engl ish law. The of all matters relnting to the navy and to the
affordi ng harbor and entertainment to any persons em pl oy ed therein.
one.
FUERO JUZGO. Span . The DOTU1n
FRYTHE. Sax . In old Engl ish law. Judicium; a code of laws establi sh ed i n the
A plain between woods, Co. Litt. 5b. seventh cent ury for the Vis igothic kingdom
An arm of the sea, or a strait between in Spain. Bome of its pri nciples and l'l1les
two lands. Cowell. are found surviving tn the modern ju rispru­
FUAGE. FOCAGE. Hearth money. A dence of that cou ntry . Schm. Ci\'il Law, In·

tax laid upon each fire-place or hearth. An trod. 2�.

imposition of a shi l li ng for every hea rth, F U E R O MUNICIPAL. In Spani,b
levied by Edward Ill. in the dukedoru of law. The body of laws granted to a city or
Aquitaine. Spelman; 1 fil. ComlD. 324. tow n for its government and tile adminil:ltl'a­
tion of j ustice.
FUER. In old Engl is� law. Flight. It
i. at two kinds: (1) Duer in fait. or in FUERO REAL. The title of a code of
facto, where a perso n does apparently and Spanish law promulgated by Alphonso the
corporally flee j (2) fuer in ley, 01' in lege, Learned, (eZ Sabio,) A.D. 1255. It was the
when, being called ill the county court. he prec ul'sor of the Partidas. Schm. Civil Law,
does uot apVear, which legal in tt!rp reta tio n In trod. 67.
makes tligbt. W�arton.
FUERO VIEJO. The tiLle of a com·
FUERO. In Spa nish law. A lawi a pilation of Spanish law. published abo ut A-
code. D. 992. Scllm. Civil Law. I ntrod. 65.
A genera1 usage or custom of a provi nce,
FUGA CATALLORUM. In old En·
ha ving the f orce of In w. Ir cont1'l!- fue1'o, glish la.w. A drove of cattle. Blo unt.
to vio lat e a received CHstom,
A grant of privileges and immunities. FUGACIA. A chase. Blount.
Conceder fueros. to grant exemptions. FUGAM FECIT. Lat. He has made
A charter granted to a city or town. Also flight ; he fled. A. clau se inserted in an inqui.
designated as "carta8 pupblas." sition, in old E nglish I<lw, meaning that a pe r·
An act of donation made to an individual, son indictt::d for treason or felony had fled.
a ch un:h , or convent, on certain conditions. The effect of th is is to make the party forfeit
A decial'atioll of a ma gist rate , in relation bis goods abs olu tely. and the prOfits of his
to taxation, fines, etc. lands un til he has been pardoned or ac­
A charter granted by the sovereign, or qu itted .
those having aut.hority from h i m , establish­
FUGATOR. In old English law. .Ii.
ing the franchises of towns, cities, etc.
A place where justice is admin istered.
privilege to hunt. Blount..
A peculiar f01'Um, beCore which a party is
A dri ver. Fugato1'es ca1'rucarum, dri vera
of wagons. Fleta, lib. 2, c. 78.
amenable.
The jurisdiction of a tribunal, wbich is FUGITATE. In Scotch practice. To
enti tled to take cognizance of a cause; as o utlaw , by the sentence of a court; to out..
 FUGITATlO;O< 525 FUND

law for non-appearance in a crimina] case. defends the force (or wrong) and injury when
2 A.lis. Crim. Pro 350. aut! where it shall behoove him, and Lhedam ..
ages, and whatsoever else he ought to defend,
FUGITATION. In Scotch law. When
and says." etc. :::;teph. PI. p. 481.
n criminal does not obey the citation to an­
IIwer, t.he court pronounces sentence of fu­ FULL LIFE. Lite in fact and In law.
glLation against him, which induces a for- . See IN FULJ� LIFE.
feitur6 of goods and chattels to the crOWD.
FULL PROOF. In ihe civil law. Proof
FUGITIVE FROM JUSTICE. A per­ by two witnesses, or a public instrument.
IOn who, baving commit.ted a crime, flies Ha.1lifa", Civil Law, b. 3, c. 9, nn. 25. 30;
from the state or country where it trans­ 3 B J . Comm. 370.
pired. in order to evade arrest and escape Evidence which satisfies the minds ct the
justice-, jUI'Y o f tbo truth of tha f:tct in dispute, to the
F U G I T I V E OFFENDERS. In En. entire exel L1sion of every reasunable doubt.
glish law. 'Vhere a person accused of any 38 N. J. Law, 450.
offense punishable hy imprisonment. with FULL RIGHT. The union of a good
hard labor for twelve months or more, has title with actual possession.
left that part. of her majesty's dominions
where the offense, is alleged to haye been FULLUM AQUlE. A flaam, or stream
committ.ed. be is liable. if found in any other of water. Blount.
part. of her majesty's dominions, to be appre­
FUMAGE. In old English law. The
hended and returned i D manner provided by
!ame as j'uage, or smoke farthings. 1 BI.
the fugitive of.'tenders' art, ]881, to lhe part
Comm. 324. o(:'e FUAGE.
from which be is 8 fugitive, WhartoD,
FUGITIVE SLAVE. One who, held In FUNCTION. Olllc e; duty; fulfillment
bondage, fiee!:! from his master's power, of a deOnite end or set of ends by the correct
adjustment of means. The occupation of ar
F U G I T I V U S . In the civil law. A office. By the performa.nce of its duties, the
tugitive; a runaway slave, Dig. 11, 4 ; Cod.
6, 1. See the various definitions of this
officer is said to fill his function. Dig. 32., G
65, 1.
word i n Dlg. 2 1 , I, 17.
FUNCTIONARY. A public oillcer or
FULL. Complete; exhaustive; detailed. employe. An officer of a private corpomtion
A ufuJ\" answer !8 as extensive a tNOO, in b also sometimes so 'called.
describing one which is ample and s ufficient, H
as though the term " complete!) had been BU· FUNCTUS OFFICIO. Lat. Having ful.
peradded. 22 Ala. 817 Hlied the funcLion, discharged Lhe office, or
accomplished tile pu rpose, and therefore of
FULL AGE. In common law. The age no further force or autbority. Applied toan
ot twenty-one years, in males and females. officer whoso term has expired, and wuo has I
Litt. § 259; I B1. Comm. 463.
consequently 110 further otllc ial ullthoritY i
In the civil law. The age of twenty-five and also to an instrument, power, agency,
years, in males and females. Inst. l, 23, pr, etc., which has fulfilleq the purpose of its
F U L L BLOOD. A term of relaiion,
creation, and is therefore of no further vir- J
tue or effect.
denoting descent from the sa.me couple.
Brothers andsis!.ers of fall blood are those who FUND, '0. To capitalize, with a view to
are born of the same father and m othe r or,, the production of interest, 24 N . J. Eq. 376.
as Justinian calls !.hem, "ez ul1'ogue parente
conJuncti.n Nov. lU3, cc. 2, 3; Macl,eld.
'fo fund a debt is to pledge a specific fund to keep
down interest nnd reduce the principal. When
K
extinguishment of the debt is the object promi­
Item. La w § 145. The more usual term in
,
nently contempla.ted, the provision is called a U sink_
modern law is lI whole blood," (q. c.) ing fund. " The term "fund" was originally ap­
plied to a. portion of the national revenue set apart
FULL COURT. In practice. A court
in bane.A court duly organized with a11
or pledged to the payment of a. particular debt.
Hence a funded debt was a debt for the payment
L
the judges pres6nt. of the prineipal or interest of which 80me fuud was
appropriated. H N. Y. 856, 367, 377 ; 21 Darb. 294.
FULL DEFENSE. In pleading. The
tormula of defense in a plea, stated at length FUND, n. A 8um of money 8et apart for
and without abbreviation, thus: "And the aspecific purpose, or available for the pay.. M
!laid C. D., by E. F his attorney, comes and
. • ment of debts or claims.
 FUND 526 FUlUOSUS ADSENTIS LOCO EST

In It& narrower and more usual sense, "fund" in g to weight, measure, and numbH. Things
signifies "capital," 8S opposed to "intel'est" or belonging tv a class, which do not have to bf
"income ; " 90S where we speak ot a. corporation
dealt wi th in specie.
funding the arrears of interest due on its bonds,
or t.he like, meaning that the interest Is capitalized Thoso things ODe specimen of wbicb is as good as
Bnd made to bear interest. in its turn until it is re­ another, as is the case with half-crowDs, or pouuds
paid. Sweet. of rice of. the sarno quality. Horses, slaves, aud so
forth. are nOD-fungible things, because they ditrer
FUNDAMENTAL LAW. The law individually in value, and cannot be exchanged in­

which determines tbe constitution of go\rern­ diffc(·ent.ly ono for another. BolL .Jur. 88,
Where a thing which is the subject of an obUg&­
ment in a. stilte, and p re scri bes and regnlates
tiou (which one man is bound to deliver to an·
tile man ner of its exercise; the organ ic la w of othor) must be delivered in 8pecie, the tbing ls not
a state ; the constitution. fungible ; tbat very individunl thing, aud not an·
other thing of the same or another class, in lieu of
FUNDAMUS. We fo u nd. One of the it, must be delivered, Where the subject of tbe
words by which a corporation may be created obligation is [l thing of a given class, the thing is
said to be fungible ; i. e., the delivery of any object.
in England. 1 BI. Co m m. 473; 3 Steph.
wIlieb answers to the genetic des;criptioD will sat­
Comm. In. isfy the terms of the obligation. .
Aust .Jur. 483, 434.

FUNDATIO. A found ing or foundation.

FUR Lat. A thief. One who stole se­
FUNDATOB. .A founde r, (g. �.) cretly or witbout force or weapons, as opposed

FUNDI PATRIMONIALES. Lands of to robber,

tnheritance.
FUR MANIFESTUS. Lat. In the
FUNDING SYSTEM. The practice of civil law. A manifest thief. A thief who
borrowing money to defray the expenses of is taken in the very act of stealin g.
government, and creati ng a "sinking fund, "
designed to keep down interest, and to effect FURANDI ANIMUS. An Intention of

the gratl ual reduction oftbe prin cipaJ debt. stealing.

FUNDITORES. Pion eers . Jacob. FURCA- A fork. .A gallOWS or gibbet.

Dract. fol. 56.
FUNDS. 1. Money in band; cash; money
available for the payment of s debt, leg. FURCA ET FLAGELLUM. In old
acy, etc, English law. Gallows and whip. Tenur�
2. The proceed s oC sales of real and per- ad TltTCam et flagellum, ten u re by gallows
80nal es tate. 0(' th e proceeds of any other as­ and whip . Tbe meanest of servile tenures,
sets convertpdlnto money. 43 N. J . Eq. 533, where the bondman was at the disposal of
3. Corporate stocks or government secu­ bis lord for life and limb. Cowell .
rities; in this sense usually s poken of as the
"funds." FURCA ET FOSSA. In old English
4. Assets. securities, bonds, or revenue of law. Gallows and pit, or pit and gallows.
a state or gov ernment appropriated for the A tel'm used in ancient charters to sJgnlfy
discharge of its del.Jts. a jurisdiction of pu nish i ng thieves, viz., men
by hanging, women by drowning. Spelman ;
FUNDUS. In tbe civil and old English
Cowell.
law . Land; land or groun�l generally; land,
without cons idering its specific use;lund. in­ FURIGELDUM. .A flne or mulct paid
cluding bu ildings generally ; a fartn. for t heft . •

FUNERAL EXPENSES. Noney ex­ Furiosi nulla. voluntas est. A madman

pended in procuring the interment of a corpse. has no will. Dig. 50, 17, 40; Broom, Max.
314.
FUNGIBILES RES. Lat. A term ap­
plied in the civil law to things of such a nat­ FURIOSITY. In Scotcb law. Madness,
ure as that they could be replaced by equal as distinguished from fatuity or id iocy.
quantit i es and qualities, because, mutua vice
fungu,ntuT, they replace and represent eilcb FURIOSUS. An iDstlne manj a mad·
other ; thus, a bushel of wbeat. A particu lar man; a lunatic.
hOI'Be would not be /llnoibilis re8. Sandars,
Furiosus absentia loco est . A mad m an
Juet. Inst. (5th Ed.) 322.
is the same with an absent person, [that Is,
FUNGIBLE THINGS. Movable goods his presence is of no effect. ] Dig. 50, 17,
which may be estimated and replaced accQrd- 24. 1.
 FURIOSUS NULLUM. ETC. 527 FURT H El� MAINTENANCE. ETC.

Furlosus nullum negotium contrahere 1 V.s . & B. 1 40 ; 1 BI. Comm. 439; 4 John•.
potest. A madman can con t ra ct noth ing. Ch. 843. 845.
[caD make no contract. ] Dig. 50, 17, 5.
FURST AND FONDUNG. In old En­
FuriOSUB solo furore punitur. A mad­ glish law. Time to advise or take counsel.
man is punish ed. by his madness alone ; th�\t Jacou.
is. he is not answerable or pu n ish able for his
FURTHER ADVANCE. A seco nd or
ac tion s. Co. Litt. 247b; 4 Bl. Corum. 24, subsequent loan of money to a mortgago r by
896; Broom, Max. 15. a mortgagee, either upon the same security

Furiosus stipulare non poteat nec ali­ as the original loan was ad vn n·ced upon, or
quid negotium agere, qui non intelligit an Hclditionai sec uri ty. Equity considers the
quid agit. 4 Coke . 126. A mad ma n who arrears of i n terest on a mortgage security

knows not w hat he does cannot make a bar­ converted into pr in cipal, by ag reem ent b�

gain, n01" transact any b us i ness . tween Lhe parties, as a further advance.
Wharton .
FURLINGUS. A fu rlong. or a furrew
FURTHER ASSURANCE, COVE­
one-eighth pa rt of a mile long. Co. Litt. 5b.
NANT FOR. Oneof the usual agreementiJ
FURLONG. .A measure of le ngth, be­ entered into by a vendor for the prot.ection of
Ing forty poles. or one-eighth of a mile. the ve ndee' s interest in th e subject of pur­
chase. It seems to be con li ned to an ag re� '
FURLOUGH. Leave of absence; espe­
ment that the grantor will execut.e allY fur­
cIally, leave given to a military or nav a l of­
ther instru ml'nts of conveyance that may be
ficer. or soldier or seam a n , to be absent Crom
lawfully required, a nd not to extend 1.0 fur­
service tor a certain ti me. Also the docu­
ther o Lligatio n s to be i mpused o n the cove­
ment granti ng leave of absence.
nantor by way of covenant. Sugd. Vend. 500.
FURNAGE. See FOHNAGIUl1; FOUR.
FURTHER CONSIDERATION. In
FURNITURE. This term includes that E ngl ish p ractice, up on a mo tion for judg­
which furnishes. or with which anythin g is ment or ap pl icatio n for a new trial, lhe COllrt

furn ished or su pplied ; whatever must be may, if i t shall be of opinion that it has not G
supplied to n house . a room. or thA like, to BuOicient materials before 1t to ennolt} i t to

malte it habitable. conv enien t, or agreeable; gi v e j U dgmen t, direct the motion to stand

goods. vessels. utensils, and other appe nd­
ages necessary or convenient for hOllsel<eep­
ing; whato ver is added to tile in terior of a
house or apartment, for use or con v enience .
over for further consideration, and direct
such issues or ques tions to be tried or de­
termined, and such acco unts a nd inquiri es to H
be taken and malle, as it may thiuk fit. Rulea

27 Ind. 173. Sup. Ct. xl., 10.

l'he tenn " furniture "embraces everything about FURTHER DIRECTIONS. When a
the house t.hat has been usually enjoyed therewitb,
maste r ordinary i n cbancery made a report in
including plate. linen. china, and pictures. 41 N.
J. Eq. 00. pu rsuance of a decree or decretal order, the
The word "furniture " made use ot 1n the dispo· cause was again set down before the judge
sitton of tho law, or in the conventions or acts of who made the decree or order, to be proceeded
persons, comprehends only such furniture 8.S is in­
tended for use and ornament of apartments, but
with. Where a master made a separate re­
port, or one not in pursuance of a decree or
J
Dot librariers which happen to be there, nor plate.
CivU Code La. art. 477. decretal order, a petiti on for c on seq uen t.i al
directions had to be presen ted , since the cause
FURNITURE OF A SHIP. This term could not be set down for further direct.ions
Includes everything wi th which a ship re-­
qUires to be furnished or e q u i pped to make
under such circnmstances.
Ch. Pro ( 5t h
See 2 Daniell ,
Ed.) 1233. note.
K
ber seaworthy; it comprebtmds all articles
t'urnished by ship--chand lers, which are al­
FURTHER HEARING. In practice.
Hearing at an other time .
most inlilumerable. 1 'Vall. Jr. 369.

FURNIVAL'S INN. Formerly an Inn

FURTHER MAINTENANCE OF L
ACTION, PLEA TO. A plea grou nded
of chan cery. See INlQ'S OF CHANCERY.
upon some fact or facts which have ari se n
Furor contrahi matrimonium non since the commencement of the suit. and
ainU:, quia CODsensu opus est. In snnity w h ich the defeudant puts forward for the
prevents marri<lge from b ei ng contraded. be­ p u rpo se of sho w i ng that the plaintiff siJould M
cause consenL is needed. Dig. 23, 2, 16, 2 ; noL furtlier maintain bis action. Brown.
 FURTIVE 528 FYRD-WITE

FURTIVE. In old English law. FUTURE ESTATE. An estate which is

Stealtb ·

111 ; by steal th. Fleta. lib. 1. c. 38. § 3. now vested in the gran te e, but is to com·
n ot
mence in possessio n at some future time. It
FURTUM. Lat. Theft. The fraudu­
includes re maind ers , reversions, and estates
lent appropriation to one's self of the p ro prrty
limited to commence infatuTo without a par­
af a nother, with an intention to commit thett
ticular estate to su pport thf'ID, which last are
without the consent of th e owner. Flela, 1.
not good at cothmon law, except in the case
1. c. 36 ; Bract. fol. 150; 3 Inst. 107.
of chattel in terests . See 2 Bl. Comm, 165.
T he thing which b as been sto len . Bract.
An estate limited to commence in posses·
fol. 151.
t!1on at a fut u re day, either withou t the in
FURTUM CONCEPTUM. In Roman ten'ention of a prect'dent estate, or on the
law. The theft which was d isclosed where. determi nation by lapse of time. or otherwise,
upon searchi ng any one in the presence of of a precedent eslate created at the same
w itnesses in due form, the th ing slolen was time. 11 Rev. �t. N. Y. (tld Ed.) § 10.
disco\rered in his p oss ess ion.
uFUTURES." This term has grown out
Furtum est contrectatio rei alienre
of those purely spe cul ative transactions, in
fl'audulenta, cum animo furandi, invito
wh ich there is a n o min al contract of sale for
illo domino cujus res ilia fuerat. 3 Inst.
futUre deli very, but w here in fact n one is
107. Thert is the frau(luient ha nlilin g of an·
ever i ntl'nded or executed. The nomi nal
othe r ' s property, w it h an intention ot steal­
seller does not have or expect to ha v e Lhe
in g. against the will of tile proprietor, whose
stock or merchandise be purports to sell, nor
property it was. cloes the nominal buyer expect to rece ive it
FURTUM GRAVE. or to pay the price. Instead of that, a per.
In Scotch law .
An
aggravated degree of theft, ntly plln� centHge or ruargin is paid, which is in cr eas ed
ancie

ished with death. It still remains an open or uirni nished as tILe market rates go up or
poin t what amuunt of value raises the theft down, and accounted for to the buyer. 14
to this serious denominalion. 1 Bro u n. 352, R 1. 138.
Dote. See 1 S wint. 467. FUTUR!. Those who are to be. l'lart ot
F U R T U M MANIFESTUM. O pen the commencement of old deeds, "8ciant
tlleft. Tllt'ft w h ere a thie f Is ca ught with prcesentes et futlld'i, quod ego talis. dedi et
the property in his possession. Bract. fol. concessi.)J etc (Let all men n ow l i vin g and
. •

150 b. to come kn ow that I, .A.. B., have, etc.)

Bract. fol. 34b.
Furtum non est ubi initium habet de�
tentionis per dominium rei. 3 ln s t. 107. FUZ, or FUST. .A Celtic word, meani n g
The re is no t heft whe re the fo u n datio n of 8 woodor forest.
the de tention is based upon o wnership of the FYHTWITE. One of the fin.. incurred
thing.
for homicide.
FURTUM OBLATUM. In the civil FYKE. A bo w net tor catChing fish.
·

law. Offered theft . Oblatu11lfurtum dici� Pub. St. Mass. 1882. p. 1291.
tU1' c�m� 1'es fU1'tiva ab aUguo tibi obtata sit,
eaque apud te concepta sit, Theft is called
FYLE. In old Scotch law. To deHle ; to
"oblatum" when a tbing stolen is offered to
foul or defiled. Hence, to find a
decl are
prisoner guilty.
you by any one, and found up on you. Inst.
4, 1, 4. FYLIT. In old Scotch p ractice. FrIed ;

FUSTIGATIO. In old En gl isb law. A guil ty. See FYLE.

fou ud

beali ng with sticks or clubs j one of the nne FYNDERINGA. Sax. An otrense or
cient kinds of punishment of malefactors. w hic h lhe
trespass for fi n e or c ompen s atio n
Bract. fo!. 104b. lib. 3. tr. 1. c. 6. was reserved to tbe king' s p leas ure. Its nate

FUSTIS. In old En glish law. A st.aff, ure is not known.

used in making liVtll'1 of seisin. Bract. tal. FYRD. The mi litary array or land force
40. of thewhole cOllntry. Contribution to the
A baton , elu 0, or c udgel . fyrd was one of the i mposts form ing the
trinoda necessita.'1.
FUTURE DEBT. In Scotch law. A
debt which is created, but \\"hich w1l1 not bee FYRD· WITE. The fine incurred by
come due till a fuLu re day. 1 Bell. COlll oo. to j oin t.he fyrd; one of the right"
neglecting
815. of the crown...