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Black's Law 1st Edition - Sec. F
Black's Law 1st Edition - Sec. F
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
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
"deed" which does not continue operative. FlESTING-MEN. Approved men who
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.
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
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.
,
• 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
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 •
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
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.
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�
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.
t.rnal,-whtle the adm i n istration of n at io nal 4. In American law. .A. fee 1a an estate
aflairs is directed, an d its effects felt. not by of inheri ta n ce without condition, belonging
the sepa rate staLes deliberating as unite. bllt to the owner, and alienable by him, or tran8.
by the peuple of all, in thei r collective ca paci missible to his heirs absolutely and simply.
ty. as cit ize ns of the nation. The distinc It is an absolute estate in perpl:'tuity. and the
tion is expressed , by t he German w riters, largest poss i bl e estate a man can have, being,
by tbe uae al the t wo words " S taalenbundu in fact. allod i al i n its nalure.
Bnd ..Bundesataat;" the for m er denoting 8. 5. A reward or wagl'".8 gi ven to one for
league or confederation of states, and the the execution of his office, or for professional
latter a federal govern ment. or state formed sen-ices, as those at a counsellor or physi.
by means of a league or confederation. ciano Cowell.
and in ita original sense it is tul;; en in coo hmus are gi ven to a man and his wife, and
'radistinction to " <l.llodi u m , " which latter is the beirs of thei l' bodies.
defined as a man's own land. wh ich he pos FEE· FARM. This is a species of tenure,
sesses merely in his o wn right, wi th ou t. OW where lund is held of an other in perpet ui ty
iDg aoy rent or service to any superior. 2 at a yearly rent, without fealty, homage. or
BI. Corum. 105. See 1 N. Y. 49l. otber services than s uclH�s are specially com·
In modem E nglis h tenures, "fee" signifies prised in the feoffment . It corresponds very
an estate of inheritallce, ueing the highest nearly to the i4emphyteusis" of the ROlllan
and most exten si ve interest which a man can law.
ha ve in a feud; and when the term is used Fee-farm Is where an estate in fee is grauteu
limply, witho ut any adj unct. or in the form subject to Il rent in feo of Bt least one-fourth of the
"fee-simple , " it imports all absol llte iuher value of the lands at the ttmo of its reservation.
Such rent nppears to be called " fee-farm'" becau!;l.C
G
itllDce clear of any condition, limitation, or
a grant of�lands reserving se considerable a rent
reslrictiull to particuliar heirs, but descend Is indeed only letting lands to tarm in fee-simplc,
ilJle to the heirs ge ne ral , male or female, lin instead of the usnlll method of lile or yeara. 2 Bl.
eal or collateral. 2 BI. Corom. 106. Corom. 48 ; 1 Stcph. Comm. 676.
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.
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."
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.
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
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.
I
itance. or fee. It was probably the orig i n al form
from Wllicll the \Vor(ls " feot l , " "feudu ro , "
Feodum talliatum, i. e., hrereditaa in " fi ef," " fe u , " and "fee" (all meaning a feu-
quandam certitudinem l1mitata. Litt.
d al gran t of land) have been derived.
§ 13. .Fee-tai l . i. e., an inheritance limited
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.
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.
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.
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.
terlll importing actual settlement upon land p re v ai led, throughout E urope during the
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
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.
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.
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.
Cowell ; Blount. Tbe office was abollsbed In FILIOLUS. In old records. A gods.n;
1837. Spel man.
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.
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
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.
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.
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,"
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 Chattels which, by being physi cally an
for taking fish. Cowell. nexed or affixed to real estate, become a part
FISHING BILL. A term descriptive of of and accessory to the freehold, and tbe
a bill in equity which seeks a discovery upon property of the owner of the land. Hill.
general, loose, and vague allegations. Story, Things hedor affi.xed to other thillgs. The rule
of law regarding them is that which is expressed
Eg. PI. § 325; 32 Fed. Rep. 263.
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
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.
tel substan tially affixed to the land. but which ancient ceremony i n acknowledgment of
British sovereignty over the British seas, by
may a.ft erwards be lawfully removed there
which a foreign vessel struck her flag and
from by the party affixing it, or his repre
Bentati ve, without the consent of the owner lowered her top-sail on m eeti ng the British
of tho freehold. flag.
8 Nev. 8 2 ; 18 Ind. 231; 8
Io wa, 544. FLAG OF THE UNITED STATES.
Personal chattels which have been annexed to By the act entitled II An act to establish t.he
land, and which may be afterwards severed and flag of ihe United States , " (Re v. St. §� 1791,
removed by the party who has annexed them, or
1792,) it is provided " t.hat. from and after
bis personal representative, against the wiU at tho
owner at tho treehQld. ForaI'd, Fixt. 2 j Bouvier. the fourth day of July next, the flag of the
The word ".fixtures " has acquired the peculiar United States be th irteen horizontal stripes.
meaning ot chattels which bave been annexed to alternate red and white; t.hat the u nion be
the treehold, but which are removable at the wlll
twenty stars, white in a blue field ; that. on
ot tbe person who annexed th�m. 1 Cramp., M. &
R. 2M. the admission of every ne w state into the
"Fi xtures " does not necessarily import thbap 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.
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..
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 proceedings, means one bundred words, counting
of the term for which it had been granted, it re every figure necessarily used as a word; and any
verted to the community, and was agaill distributed portion of a folio, when in tbe whole drn!t or figure
by the sa.me authority. It was subject to many there is not a. complete folio, fl,od when there iannI
burdens and exactions from which boc-Iand was excess over the last fOliO, sha-ll be computed as .
exempt. WbartOD. folio. Gen. St. Mian. 1878, 0. 4, 5 1, par. 4.
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
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.
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.
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.
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
will aftha losing party.) and that the property obligor was to be excused from the pennlt1
.ls eithertransferred to another or resumed In the bond.
by the origin::.l grantor.
To incur R penalty j to become liable to the
FORFEITURE OF MARRIAGE, A
penaHy incurred by a ward in chi valry who
payment of a sum of money, as the conse·
married without the consent or against the
quence of a certain act.
will of the guardian. See DUPLEX VALOR
FORFEITABLE. Liabl e t o be forfeited ; MARITAGII.
subject to fo rfeitu re for non- user, neglect,
crime. etc.
FORFEITURE O F SILK, SIIPPOSed to
lie in Lhe docks, used, in times when its im·
FORFEITURE. 1. A punis hment an
portation was prohibited, t o be proclaimed
nexed by law to some illegal act or negligence each term in the exchequer.
in the owner of l ands, tenl'ments . or hered ita
ments. where by he loses all his interest tbere FORFEITURES ABOLITION ACT,
in, and they go to the party inj ured as a r ec Another name for the felony act of 1870,
ompense for the wrong which be alone, or abolishing forfeit ures for felony in England.
the public together with himself, bath sus
FORGABULUM, or FORGAVEL. A
tained. 2 Bl. Cumm. 267.
quit-rent; a small reserved rent in money.
2. The loss of land uy a tenant to his lord, as
Jacob.
the consequence of some breach of fidelity.
1 Steph. Comm. 166. FORGE. To fabricate, construct, or pre
3. The loss of lands and goods to the s tate, as p are one thing in imitation of another thing,
the consequence of crime. 4 HI. Comru. 381. with the intention of substituting the false
387; 4 Steph. Comru. 447,452; 2 Kent, Comm. for the genUine, or otherwise deceiving and
385; 4 Kellt, Corum. 420. defrauding by the use of the spurious article.
4. The loss of goods or chattels, aS ia punish To counterfeit or make falsely. Especially.
ment for some crime or misdemeanor in the to make a sp urious written instrument with
party forfeiting. and as a compensation for the intention of fraudulently subs ti tu ti ng it
the offense and injury committed against him for another, or of passing it off as genuin&;
to whom they are forfeited . 2 HI. Corum. or to fraudulently alter a gen uine instrument
420. to another's prejudice; or to sign another
It should be noted tha.t "torfeiture n is not nn person's name to a docume nt, with a deceit..
Identical or convertible term with "confiscation . " ful and fraudulent intent.
Tue latter i s the consequence o f the former. For
To forge (a metaphorical expression, borrowed
feiture is the resuLt which the law attaches as an
from the occupation of the smith) means, properly
immediate and necessary consequence to the illegal
speaking, no moro than to make or form, but in
acts of the individua.l ; but confiscation implies the
our law it is always taken in an evil sense. 2 Ea.st,
action of the state; and property, although it may
P. C. p. 8;;2, c. 19, S 1.
be forfeited, cannot be said to be confiscated until
To forge is to make In the likeness of something
the government has formally claimed or taken pos
else; to counterfeit is to make in imitation of
M!ssion of it. something else, with a. view to defraud by pa!l!ling
S. The 10,85 of office by abuser, non-user, or the false copy for gen ulne or originaL Both worda,
refusal to exercise it. "forged " and "counterfeited, " convey the idea of
similitude. 42 Me. 392.
6. The loss of cor porate fran chise or cbar
a
In common usage, however, forgery 1& a.lmost
ter i n consequence of 50111 8 i lleg al a.ct, or of a.lways predicated of Bome private instrument or
malfeasance or non-feasance. writing, a!l a deed, note, will, or a. signature; and
7. The 10s3 of the right to life, as the conse COltnter!eLting denotes the fraudulent imitation of
coined or paper money or some substitute tber&.
quence of the commission of some crime to
for.
w h i c h thE' b\,1.· has affix� a capiLal penalty.
8. The incu rring a liability to pay a definite FORGERY. In criminal law. Tho
sum of money as the consequence of violating falseJy making at' materially altering, with
the provisions of some statute, or refusal to intent to defraud, any wri ting which, if gen
comply with some reqUirement of law. uine. migllt apparently be of Jegal efficacy 01
9. A thing or s u m of money forfeited. the foundation of a legal lia.bility. � Dish.
Something imposed as a p unis hmen t for an Cl'im. La\v, § 523.
ot'ftmse or delinq uency. The word in this The fraudulent making and alteration ot 8
sense is frequent.ly associated with the word writing to the pl'ej udice of another man 18
.
" penalty. . right . 4 Bl. Comm. 247. See FORGE.
Forgery, at common law, denotes a falsemaking,
FORFEITURE OF A BOND. A fail (which includes every altera.tion or addition to a
ure to perfor� the cont.1ltion on which the 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.
by judgment of court. Bract. fol. 250b; Co. FORMA PAUPERIS. See IN FORMA
Litt. 10Ub; Du Cange. PAUPERIS.
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)!
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.
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
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.
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.
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.
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 ment of Rome fact that is material to the con
be perpetrated, and the perjuries which were tract, and had the truth regarding which been
believed to be committed. wilen such obliga known the contract would not have been
tions could be enforced upon no other evi made as made. is called a " fraud dans locmm
dence than the mere recollection of witnesses. coutractui ; " i. e., a fraud occasioning the
It is more fully named as the " statute ot contract. or giving place or occasion for the
frauds and perjuries. n contract.
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.
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.
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.
princIpal men were made r�sponsibJe for their FRITHSPLOT. A spot or plot of land,
depend ents or �ervants. Bract. fol. 124b. enCircli ng some stone. tree. or well, consid.
ered sacred. and therefore affordin g sanct;..
FRIEND OF THE COURT. See A'Il
uary to criminals.
eus CURLE.
FRIVOLOUS. An answer or pl ea 111
FRIENDLESS MAN. In old English
called "fri volou s " when it is clearly insuffi
law. An ou tlaw ; so called becausp he was
cien t on its face. and does not controvert the
denied all help of friends. Bract. lib. 3, tr.
material paints of the opposite pleading, and
2, c. 12.
is prcsllmably interpos ed for m ere purposes
FRIENDLY SOCIETIES. In English of d elay or to embarrass the plai nt ill.
law. Associati on s s u pported by su bscrip A frivolous demurrer has been ueflned to
tion. for the relief and maintenance of the be on e which is so clearly untenable. or ita
members, or their wives , children, relatives, insu fficiency so manifest upon a ba re i ns pec·
and n omin ees , in Aickness, infancy, advanced tion of the pleadings. that its character Illay
age, wi do w hood , etc. The statutes regulat be determi n ed wi tho ut a rg ument or resear ch .
ing these societies were co nsolid at� d and 40 Wis. 558.
amended by St. 38 & 39 Vict. c. 60. Whar·
FRODMORTEL, or FREOMORTEL.
ton.
An immlluity for com mitti ng man slau ghter.
FRIENDLY SUIT. A .ult bro ught by Mon. Angl. t. I , p. 173.
a creditor in ch ancery against an exec u tor or
administrator, being rea.lly a suit by the ex FRONTAGE-FRONTAGER. In En·
ecutor or administrator, i n the name of a 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 perceptos villre non esse con Frustra agit qui judicium prosequi
sta.t. Gathered fruits do not mak e a part of nequit cum efi'ectu. He snes to no purpose
the farm. Dig . 19, 1, 17, Ii 2 Bouv. lnst. who cannot prosecute his j U dgment with ef..
no. 1578. fect, [who cannot have the fruits of his judg
ment.] Fleta. lib. 6. C. 37. § 9.
FRUCTUS REI ALIENlE. The fru its
of anoth e r' s property; fruits taken from an Frustra [vana] est potentia. qure nun
other 's estate. quam venit in actum. That power is to 6
FRUCTUS SEPARATI. In the civil nopu rpose which never comes into act. or
law. !:ie parate fruits ; the fruits of a thing which is never exercised. 2 Coke, 51.
when they are separated from it. Dig . 7, 4.
Frustra expectatur eventUB cujUB ef
13. fectus nullus sequitur. An event iR vainly H
FRUGES. In the civil law.Anything expecttld from which no effect follows.
prod u ced from vines, underwood, chalk-pits.
Fruetra feruntur leges nisi subditis et
stone-quarries. Dig. 50, 16, 77.
obedientibus. Laws are madi' to no pur.
I
Grains and leguminous vegetables. In a
pose, except for those that are subject and
more restricted sense, any es c u l en t gro w in g
obedienL. Branch, Princ.
In pods. Vicat, Voc. Jur.; Calvin.
Frustra fit per plura, quod fieri potest
FRUIT. of a tree or plant
The produce
per pauciora. That is done to no purpose
J
Which contains the seed or is us ed for food. by many things which can be done by fewer.
This term, in legal acceptation, is not con Jellk. Cent. p. 68, case 28. The employment
fined to the produce of those trees which in of mure means 01' in s tr u men t s for effe cti n g a
popular langu age are called " fruit trees , " but thin g thun are necessary is to no purpose.
applies also to the prod uce of oak, elm, and
walnut tre.s. 5 BarD. & C. 847. Frustra legis auxilium invocat [qurerit]
qui in legem committ it. He vainly in...
K
FRUIT FALLEN. The p rod uce of any vokes the aid of th e law who transgresses the
possession det ach ed therefrom. and capable
Jaw. Fleta. lib. 4. C. 2. § 3 ; 2 Hale. P. C.
of bei ng enjoyed by itself. Thus. a next
386; Broom. Max. 279. 297.
L
presentation, wh en a vacancy bas occurred,
is a fruit fallen from the adVo wson. Whar Frustra petis quod mox es restiturus.
ton. In vain you ask that which you \\-' ill ha ve
immediately to restor e. 2 Kames, Eq. 104j
FRUITS OF CRIME. In the law of
5 MaD. & G. 757.
evidence. Material objects ac qU ired by means
and in oonsequence of the c omm iss ion ot Frustra petia quod statim alteri red. M
crim e, and lIometiwea constiLuting the sub- 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·
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.
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
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 over for further consideration, and direct
such issues or ques tions to be tried or de
ages necessary or convenient for hOllsel<eep
ing; whato ver is added to tile in terior of a termined, and such acco unts a nd inquiri es to H
house or apartment, for use or con v enience . be taken and malle, as it may thiuk fit. Rulea
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
. •
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 ;
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