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F 474 FACINUS QUOS INQUINAT ^QOAT
F
P. In old English criminal law, this let­ter was branded upon felons upon their be­ing admitted to clergy; as also upon those convicted of fights or frays, or falsity. Jacob; Cowell; 2 Reeve, Eng. Law, 392; 4 Reeve, Eng. Law, 485.
F. O. B. In mercantile contracts, this abbreviation means "free on board," and im­ports that the seller or consignor of goods will deliver them on the car, vessel, or oth­er conveyance by which they are to be trans­ported without expense to the buyer or con­signee, that is, without charge for packing, crating, drayage, etc., until delivered to the carrier. Vogt v. Shienbeck, 122 Wis. 491, 100 N. W. 820, 67 L. R. A. 756, 106 Am. St. Rep. 989; Silberman v. Clark, 96 N. Y. 523; Sheffield Furnace Co. v. Hull Coal & Coke Co., 101 Ala. 446, 14 South. 672.
FABRIC LANDS. In English law. Lands given towards the maintenance, re­building, or repairing of cathedral and other churches. Cowell; Blount
FABRICA. In old English law. The making or coining of money.
FABRICARE. Lat To make. Used in old English law of a lawful coining, and also of an unlawful making or counterfeiting of coin. See 1 Salk. 342.
FABRICATE. To fabricate evidence is to arrange or manufacture circumstances or indicia, after the fact committed, with the purpose of using them as evidence, and of deceitfully making them appear as if acci­dental or undesigned; to devise falsely or contrive by artifice with the intention to de­ceive. Such evidence may be wholly forged and artificial, or it may consist In so warping and distorting real facts as to create an erro­neous impression In the minds of those who observe them and then presenting such im­pression as true and genuine.
—Fabricated evidence. Evidence manufac­tured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. See supra.—Fabricated fact. In the law of evidence. A fact existing only in statement, without any foundation in truth. An actual or genuine fact to which a false appearance has been designedly given; a physical object placed in a false connection^ with another, or with a person on whom it is designed to cast suspicion.
FABUXA. In old European law. A con­tract or formal agreement; but particularly used in the Lombardic and Visigothic laws to denote a marriage contract or a will.
FAC SIMILE. An exact copy, preserv­ing all the marks of the original.
FAC SIMILE PROBATE. In England, where the construction of a will may be af­fected by the appearance of the original pa­per, the court will order the probate to past in fac simile, as it may possibly help to show the meaning of the testator. 1 Williams, Ex'rs, (7th Ed.) 331, 386, 566.
FACE. The face of an instrument Is that which is shown by the mere language em­ployed, without any explanation, modifica­tion, or addition from extrinsic facts or evi­dence. Thus, if the express terms of the paper disclose a fatal legal defect, it is said to be "void on its face."
Regarded as an evidence of debt, the face of an instrument is the principal sum which it expresses to be due or payable, without any additions in the way of interest or costs. Thus, the expression "the face of a judg­ment" means the sum for which the judg­ment was rendered, excluding the interest accrued thereon. Osgood v. Bringolf, 32 Iowa, 265.
FACERE. Lat To do; to make. Thus, facere defaltam, to make default; facere duellum, to make the duel, or make or do battle; facere finem, to make or pay a fine; facere legem, to make one's law; facere sa-cramentum, to make oath.
FACIAS. That you cause. Occurring in the phrases "scire facias,'* (that you cause to know,) "fieri facias," (that you cause to be made,) etc.
FACIENDO. In doing or paying; In some activity.
FACIES. Lat The face or countenance; the exterior appearance or view; hence, con­templation or study of a thing on its external or apparent side. Thus, prima facie means at the first inspection, on a preliminary or exterior scrutiny. When we speak of a "prima facie case," we mean one which, on Its own showing, on a first examination, or without investigating any alleged defenses, is apparently good and maintainable.
FACILE. In Scotch law. Easily per­suaded; easily Imposed upon. Bell.
FACILITIES. This name was formerly given to certain notes of some of the banks in the state of Connecticut which were made payable In two years after the close of the war of 1812, Springfield Bank v. Merrick, 14 Mass. 322.
FACILITY. In Scotch law. Pliancy of disposition. Bell.
Facinns quos inquinat sequat. Guilt makes equal those whom It stains.

FAOIO UT DE8
475
FACT

FACIO ITT DES. (Lat. I do that you may give.) A species of contract in the civil law (being one of the innominate contracts) which occurs when a man agrees to perform anything for a price either specifically men­tioned or left to the determination of the law to set a value on it; as when a servant hires himself to his master for certain wages or an agreed sum of money. 2 BL Comm, 445.
FACIO UT FACIAS. (Lat I do that you may do.) A species of contract in the civil law (being one of the innominate con­tracts) which occurs when I agree with a man to do his work for him if he will do mine for me; or if two persons agree to marry together, or to do any other positive acts on both sides; or it may be to forbear on one side in consideration of something done on the other, 2 Bl. Comm. 444.
FACT. A thing done; an action per­formed or an incident transpiring; an event or circumstance; an actual occurrence.
In the earlier days of the law "fact" was used almost exclusively in the sense of "ac­tion" or "deed;" but, although this usage survives, in some such phrases as "accessary before the fact," it has now acquired the broader meaning given above.
A fact is either a state of things, that is, an existence, or a motion, that is, an event 1 Benth. Jud. Ev. 48.
In the law of evidence. A circumstance, event or occurrence as it actually takes or took place; a physical object or appearance, as it actually exists or existed. An actual and absolute reality, as distinguished from mere supposition or opinion; a truth, as dis­tinguished from fiction or error. Burrill, Circ. Ev. 218.
"Fact" is very frequently used in opposi­tion or contrast to "law." Thus, questions of fact are for the jury; questions of law for the court So an attorney at law is an of­ficer of the courts of justice; an attorney in fact is appointed by the written authoriza­tion of a principal to manage business affairs usually not professional. Fraud in fact con­sists in an actual intention to defraud, car­ried into effect; while fraud imputed by law arises from the man's conduct in its neces­sary relations and consequences.
The word is much used in phrases which con­trast it with law. Law is a principle; fact is an event Law is conceived; fact is actual. Law is a rule of duty; fact is that which has been according to or in contravention of the rule. The distinction is well illustrated in the rule that the existence of foreign laws is matter of fact Within the territory of its jurisdiction, law operates as an obligatory rule which judges must recognize ana enforce; but, in a tribunal outside that jurisdiction, it loses its obligatory force and its claim to judicial notice. The fact that it exists, if important to the rights of par­ties, must be alleged and proved the same as the actual existence of any other institution, Abbott
The terms "fact" and "truth" are often used in common parlance as synonymous, but as employed in reference to pleading, they are widely different. A fact in plead­ing is a circumstance, act, event, or incident; a truth is the legal principle which declares or governs the facts and their operative ef­fect. Admitting the facts stated in a com­plaint, the truth may be that the plaintiff is not entitled, upon the face of his complaint, to what he claims. The mode in which a defendant sets up that truth for his protec­tion is a demurrer. Drake v. Cockroft, 4 B. D. Smith (N. Y.) 37.
—Collateral facts. Such as are outside the controversy or are not directly connected with the principal matter or issue in dispute. Sum-merour v. Felker, 102 Ga. 254, 29 S. E. 448; Garner v. State, 76 Miss. 515, 25 South. 363.— Dispositive facts. See that title.—Eviden­tiary facts. Those which have a legitimate bearing on the matter or question in issue and which are directly (not inferentially) establish­ed by the evidence in the case. Wbodfill v. Patton, 76 Ind. 579, 40 Am. Rep. 269.—Facts in issue. Those matters of fact on which the plaintiff proceeds by his action and which the defendant controverts in his pleadings. Glenn v. Savage, 14 Or. 567, 13 Pac. 442; King r. Chase, 15 N. H. 9, 41 Am. Dec. 675; Caper-ton v. Schmidt 26 Cal. 494, 85 Am. Dec. 187. —Inferential facts. Such as are established not directly by testimony or other evidence, but by inferences or conclusions drawn from the evidence. Railway Co. v. Miller, 141 Ind. 533, 37 N. E. 343.—Jurisdictional facts. Those matters of fact which must exist before the court can properly take jurisdiction of the par­ticular case, as, that the defendant has been properly served with process, that the amount in controversy exceeds a certain sum, that the parties are citizens of different states, etc. No­ble v. Railroad Co., 147 U. S. 165, 13 Sup. Ct 271, 37 L. Ed. 123.—Material fact. (In con­tracts.) One which constitutes substantially the consideration of the contract or without which it would not have been made. Lyons v. Stephens, 45 Ga. 143. (In pleading and prac­tice.) One which is essential to the case, de­fense, application, etc., and without which it could not be supported. Adams v. Way, 32 Conn. 168; Sandheger v. Hosey, 26 W. Va. 223; Davidson v. Hackett, 49 Wis. 186, 5 N. W. 459. (In insurance.) A fact which increases the risk, or which, if disclosed, would have been a fair reason for demanding a higher premium; any fact the knowledge or ignorance of which would naturally influence the insurer in mak­ing or refusing the contract or in estimating the degree and character of the risk, or in fixing the rate. Boggs v. Insurance Co., 30 Mo. 68; Clark v. Insurance Co.. 40 N. H. 338, 77 Am. Dec. 721; Murphy v. Insurance Co., 205 Pa. 444, 55 Atl. 19; Penn Mut L. Ins. Co. v. Mechanics' Sav. Bank, 72 Fed. 413, 19 C. C. A. 286, 38 L. R. A. 33.—Principal fact. In the law" of evidence. A fact sought and proposed to be proved by evidence of other facts (termed "evidentiary facts") from which it is to be deduced by inference. A fact which is the principal and ultimate object of an in­quiry, and respecting the existence of which a definite belief is required to be formed. 3 Benth. Jud. Ev. 3; Burrill, Circ. Ev. 3, 119 —Ultimate fact. The final or resulting fact reached by processes of logical reasoning from the detached or successive facts in evidence, and which is fundamental and determinative of the whole case. Levins v. Rovegno, 71 Cal. 273, 12 Pac. 161; Kahn v. Central Smelting Co, 2 Utah. 371; Caywood v. Farrell, 175 111. 480, 51 N. B. 775.

FACTA
476
FACTORY

FACTA. In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, jousts or tournaments. Cowell.
Facts. Facta et casus, facts and cases. Bract fol. 16.
Facta sunt potentiora verbis. Deeds are more powerful than words.
Facta tenent nralta quse fieri prohi-bentur. 12 Coke, 124. Deeds contain many things which are prohibited to be done.
FACTIO TESTAMENTI. In the civil law. The right, power, or capacity of mak­ing a will; called "factio activa." Inst. 2, 10, 6.
The right or capacity of taking by will; called "factio passiva." Inst 2, 10, 6.
FACTO. In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything su­peradded, or any proceeding upon it to give it effect 3 Kent, Comm. 55, 58.
FACTOR. 1. A commercial agent, em­ployed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrusted with the posses­sion and control of the goods, and being re­munerated by a commission, commonly called "factorage." Howland v. Woodruff, 60 N. Y. 80; In re Rabenau (D. C.) 118 Fed. 474; Lawrence v. Stonington Bank, 6 Conn. 527; Graham v. Duckwall, 8 Bush (Ky.) 17.
A factor is an agent who, in the pursuit of an independent calling, is employed by an­other to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive pay­ment therefor from the purchaser. Civ. Code Cal. | 2026; Civ. Code Dak. § 1168.
Classification. Factors are called "domes­tic" or "foreign" according as they reside and do business in the same state or country with the principal or in a different state or country. A domestic factor is sometimes called a "home" factor. Ruffner y. Hewitt 7 W. Va. 585.
Synonyms. A factor differs from a "bro­ker" in that he is intrusted with the possession, management and control of the goods, (which gives him a special property in them,) while a broker acts as a mere intermediary without con­trol or possession of the property; and further, a factor is authorized to buy and sell in his own name, as well as in that of the principal, which a broker is not Edwards v. Hoeffinghoff (O. C.) 38 Fed. 641: Delafield v. Smith, 101 Wis. 664, 78 N. W. 170, 70 Am. St. Rep. 038; Graham v. Duckwall, 8 Bush (Ky.) 12; Slack v. Tucker, 23 Wall. 330, 23 L. Ed. 143. Fac­tors are also frequently called "commission mer­chants ;" and it is said that there is no difference in the meaning of these terms, the latter being perhaps more commonly used in America. Thompson v. Woodruff, 7 Cold. 410; Duguid v. Edwards, 50 Barb. (N. Y.) 288; Lyon v. Al-vord, 18 Conn. 80. Where an owner of goods to be shipped by sea consigns them to the care of an agent who sails on the same vessel, has charge of the cargo on board, sells it abroad, and buys a return cargo out of the proceeds. such agent is strictly and properly a "factor,
though in maritime law and usage he is com monly called a "supercargo.". Beaw. Lex Merc. 44, 47; Iiverm. Ag. 69, 70. —Factorage. The allowance or commission paid to a factor by his principal. Winne v. Hammond, 37 111. 103; State v. Thompson, 12* Mo. 12, 25 S. W. 346.—Factors' acts. Th« name given to several English statutes (6 Geo. IV. c. 94; 5 & 6 Vict c. 39; 40 & 41 Vict c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any part there­of, to one who believes him to be the bona fide owner of the goods.
2.The term is used In some of the state* to denote the person who is elsewhere called ••garnishee" or "trustee." See Factobiz-ing Process.
3.In Scotch law, a person appointed to transact business or manage affairs for an­other, but more particularly an estate-agent or one intrusted with the management of a landed estate, who finds tenants, makes leas­es, collects the rents, etc.
—Judicial factor. In Scotch law. A factor appointed by the courts in certain cases where it becomes necessary to intrust the management of property to another than the owner, as> where the latter is insane or imbecile or th# infant heir of a decedent
FACTORIZING PROCESS. In American law. A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the practice in Vermont and Connecticut Otherwise termed "trustee process" and "garnishment." Cross v. Brown, 19 R. I. 220, 33 Atl. 147.
FACTORY. In English law. The term includes all buildings and premises wherein, or within the close or curtilage of which, steam, water, or any mechanical power is used to move or work any machinery em­ployed In preparing, manufacturing, or finish­ing cotton, wool, hair, silk, flax, hemp, jute, or tow. So defined by the statute 7 Vict. c. 15, § 73. By later acts this definition has been extended to various other manufactur­ing places. Mozley & Whitley.
Also a place where a considerable number of factors reside, in order to negotiate for their masters or employers. Enc. Brit
In American law. The word "factory** does not necessarily mean a single building or edifice, but may apply to several, where they are used in connection with each other, for a common purpose, and stand together in the same inclosure. Liebenstein v. Insurance Co., 45 111. 303. And see Insurance Co. r. Brock, 57 Pa. 82; Hernlschel v. Texas Drug Co., 26 Tex. Civ. App. 1, 61 S. W. 419; Schott v. Harvey, 105 Pa. 227, 51 Am. Rep. 201.
In Scotch law. This name is given to a species of contract or employment which falls under the general designation of "agency,*' but which partakes both of the nature of a mandate and of a bailment of the kind called "locatio ad operandum." 1 Bell, Comm. 259.
—Factory prices. The prices at which goods may be bought at the factories, as distinguish-

PACTS CANNOT LIB 477
FAGGOT

ed from the prices of goods bought in the mar­ket after they have passed into the hands of third persons or shop-keepers. Whipple v. Lev­el*, 2 Mason, 90, Fed. Cas. No. 17,518.
Facts cannot lie. 18 How. State Tr. 1187; 17 How. State Tr. 1430.
FACTUM. Lat In old English law.
A deed; a person's act and deed; anything stated or made certain; a sealed instrument; a deed of conveyance.
A fact; a circumstance; particularly a fact in evidence. Bract, fol. 16.
In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it, and the formal publication or delivery, but proof that the party well knew and un1-derstood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained. Weatherhead v. Bask-erville, 11 How. 354, 13 L. Ed. 717.
In the civil law. Fact; a fact; a mat­ter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3.
In French law. A memoir which con­tains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refu­tation of the means of the adverse party. Vicatv
In old European law. A portion or al­lotment of land. Spelman.
—Factum juridioum. A juridical fact. De­notes one of the factors or elements constitut­ing an obligation.—Factum probandnm. Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence is to be directed. 1 Greenl. Bv. § 13. —Factum probans. A probative or evidenti­ary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence.
Factum a judice quod ad ejus officium non spectat non ratum est. An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76,
Factum cuique suum non adversario, nocere debet. Dig. 50, 17, 155. A party's own act should prejudice himself, not his ad­versary.
Factum inf ectum fieri nequit. A thing done cannot be undone. 1 Karnes, Eq. 96, 259.
Factum negantis nulla probatio sit.
Cod. 4, 19, 23. There is no proof incumbent upon him who denies a fact
"Factum" non dicitur quod non per-severat. 5 Coke, 96. That is not called a "deed" which does not continue operative.
Factum unius alter! noceri non debet.
Co. Ldtt. 152. The deed of one should not hurt another.
Facultas probationum non est angus-tanda. The power of proofs [right of offer­ing or giving testimony] is not to be nar­rowed. 4 Inst 279.
FACULTIES. In the law of divorce.
The capability of the husband to render a support to the wife in the form of alimony, whether temporary or permanent including not only his tangible property, but also his Income and his ability to earn money. 2 Bish. Mar. & Div. § 446; Lovett v. Lovett-11 Ala. 763; Wright v. Wright, 3 Tex. 168.
FACULTIES, COURT OF. In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places, and modes of burial. It has also various powers under 25 Hen. VIII. c. 21, in granting li­censes of different descriptions, as a license to marry, a faculty to erect an organ in a parish church, to level a church-yard, to re­move bodies previously buried. 4 Inst. 337.
FACULTY. In ecclesiastical law. A
license or authority; a privilege granted by the ordinary to a man by favor and indul­gence to do that which *by law he may not do; e. g., to marry without banns, to erect a monument in a church, etc. Termes de la Ley.
In Scotch law. A power founded on consent as distinguished from a power founded on property. 2 Karnes, Eq. 265.
FACULTY OF A COLLEGE. The corps of professors, instructors, tutors, and lec­turers. To be distinguished from the board of trustees, who constitute the corporation.
FACULTY OF ADVOCATES. The col­lege or society of advocates in Scotland.
FADERFIUM. In old English law. A marriage gift coming from the father or brother of the bride.
FJEDER-FEOH. In old English law. The portion brought by a wife to her hus­band, and which reverted to a widow, in case the heir of her deceased husband refused his consent to her second marriage; i. e., it re­verted to her family in case she returned to them. Wharton.
F.3B STING-MEN. Approved men who were strong-armed; habentes homines or rich men, men of substance; pledges or bonds­men, who, by Saxon custom, were bound to answer for each other's good behavior. Cow-ell; Du Cange.
FAGGOT. A badge worn in popish times by persons who had recanted and abjured what was then adjudged to be heresy, as an emblem of what they had merited. Coweil.

FAGGOT VOTES
478
FAIR

FAGGOT VOTES. A faggot vote is where a man is formally possessed of a right to vote for members of parliament, without possessing the substance which the vote should represent; as if he is enabled to buy a property, and at the same moment mort­gage it to its full value for the mere sake of the vote. Such a vote is called a "faggot vote." See 7 & 8 Wm. III. c 25, § 7. Whar­ton.
FAEDA. In Saxon law. Malice; open and deadly hostility; deadly feud. The word designated the enmity between the family of a murdered man and that of his murderer, which was recognized, among the Teutonic peoples, as justification for vengeance taken by any one of the former upon any one of the latter.
FAIL. 1. The difference between "fail" and "refuse" is that the latter involves an act of the will, while the former may be an act of inevitable necessity. Taylor v. Mason, 9 Wheat 344, 6 L. Ed. 101. See Stallings v. Thomas, 55 Ark. 326, 18 S. W. 184; Tele­graph Co. v. Irvin, 27 Ind. App. 62, 59 N. E. 327; Persons v. Hight, 4 Ga. 497.
2. A person is said to "fail" when he be­comes insolvent and unable to meet his obli­gations as they mature. Davis v. Campbell, 3 Stew. (Ala.) 321; Mayer v. Hermann, 16 Fed. Cas. 1,242.
—Failing circumstances. A person (or a corporation or institution) is said to be in fail­ing circumstances when he is about to fail, that is, when he is actually insolvent and is acting in contemplation of giving up his business be­cause he is unable to carry it on. Appeal of Millard, 62 Conn. 184, 25 Atl. 658; Utley v. Smith, 24 Conn. 310, 63 Am, Dec. 163; Dodge v. Mastin (C. C.) 17 Fed. 663.—Failing of record. When an action is brought against a person who alleges in his plea matter of rec­ord in bar of the action, and avers to prove it by the record, but the plaintiff saith mil tiel record, viz., denies there is any such record, up­on which the defendant has a day given him by the court to bring it in, if he fail to do it, then he is said to fail of his record, and the plaintiff is entitled to sign judgment Termes de la Ley.
FAHiIiITE. In French law. Bankrupt­cy; failure; the situation of a debtor who finds himself unable to fulfill his engage­ments. Code de Com. arts. 442, 580; Civil Code La. art. 3522.
FAILURE. In a general sense, deficiency, want, or lack; ineffectualness; inefficiency as measured by some legal standard; an un­successful attempt. White v. Pettijohn, 23 N. C. 55; State v. Butler, 81 Minn. 103, 83 N. W. 483; Andrews v. Keep, 38 Ala. 317.
In commercial law, the suspension or abandonment of business by a merchant, manufacturer, bank, etc., in consequence of insolvency. American Credit Indemnity Co. v. Carrolton Furniture Mfg. Co., 95 Fed. 115, 36 C. C. A. 671; Terry v. Caiman. 13 S. O.
220; State v. Lewis, 42 La. Ann. 847, 8 South. 602.
—Failure of consideration. As applied to notes, contracts, conveyances, etc., this term does not mean a want of consideration, but im­plies that a consideration, originally existing and good, has since become worthless or has ceased to exist or been extinguished, partially or entirely. Shirk v. Neible, 156 Ind. 66, 59 N. E. 281, 83 Am. St Rep. 150; Crouch v. Davis, 23 Grat (Va.) 75; Williamson v. Cline, 40 W. Va. 194, 20 S. E. 920— Failure of evidence. Judicially speaking, a total "failure of evidence" means not only thf utter absence of all evidence, but it also means a failure to offer proof, either positive or inferen­tial, to establish one or more of the many facts, the establishment of all of which is indispensa­ble to the finding of the issue for the plaintiff. Cole v. Hebb, 7 Gill & J. (Md.) 28.—Failure of issue. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time is fixed by the will for the failure of issue, as in the case where there is a devise to one, but if he dies without issue or lawful issue living at the time of his death, etc. An indefinite failure of issue is the period when the issue or descendants of the first taker shall become extinct, and when there is no longer any issue of the issue of the grantee, without reference to any particular time or any particular event Huxford v. Mil-ligan, 50 Ind. 546; Vaughan v. Dickes, 20 Pa. 514; Parkhurst v. Harrower, 142 Pa. 432, 21 Atl. 826, 24 Am, St. Rep. 507; Hackney v. Tracy, 137 Pa. 53, 20 Atl. 560; Woodlief v. Duckwall, 19 Ohio Cir. Ct R. 564.—Failure of justice. The defeat of a particular, right, or the failure of reparation for a particular wrong, from the lack of a legal remedy for the enforcement of the one or the redress of the other.—Failure of record. Failure of the defendant to produce a record which he has alleged and relied on in his plea.—Failure of title. The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted to sell. —Failure of trust. The lapsing or non-effi­ciency of a proposed trust by reason of the de­fect or insufficiency of the £eed or instrument creating it or on account of illegality, indefi-niteness, or other legal impediment.
FAINT (or FEIGNED) ACTION. In
old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true; a false action was properly where the words of the writ were false. Litt § 689; Co. Litt 361.
FAINT PLEADER. A fraudulent, false, or collusive manner of pleading to the de­ception of a third person.
FAIR, ». In English law. A greater species of market; a privileged market. It is an incorporeal hereditament, granted by royal patent, or established by prescription presupposing a grant from the crown.
In the earlier English law, the franchise to hold a fair conferred certain important privi­leges; and fairs, as legally recognized institu­tions, possessed distinctive legal characteris­tics. Most of these privileges and characteris­tics, however, are now obsolete. In America, fairs, in the ancient technical sense, are un­known, and, in the modern and popular sense, they are entirely voluntary and non-legal, and

FAIR
479
FALD

transactions arising in or in connection with them are subject to the ordinary rales govern­ing sales, etc.
FAIR, adj. Just; equitable; even-hand­ed ; equal, as between conflicting interests.
—Fair abridgment. In copyright law. An abridgment consisting not merely in the ar­rangement of excerpts, but one involving real and substantial condensation of the materials by the exercise of intellectual labor and judg­ment. Folsom v. Marsh, 9 Fed. Cas. 345.— Fair consideration. In bankruptcy law. One which is honest or free from suspicion, or one actually valuable, but not necessarily ade­quate or a full equivalent. Myers v. Fultz, 124 Iowa, 437, 100 N. W. 351.—Fair-play men. A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77: 2 Smith, Laws Pa. 195.—Fair pleader. See Beatj-plkadeb.—Fair preponderance. In the law of evidence. Such a superiority of the evi­dence on one side that the fact of its outweigh­ing the evidence on the other side can be perceiv­ed if the whole evidence is fairly considered. Bryan v. Railroad Co., 63 Iowa, 464, 19 N. W. 295; State v. Grear, 29 Minn. 225, 13 N. W. 140.—Fair sale. In foreclosure and other ju­dicial proceedings, this means a sale conducted with fairness and impartiality as respects the rights and interests of the parties affected. La-lor v. McCarthy, 24 Minn. 419.—Fair trial. One conducted according to due course of law; a trial before a competent and impartial jury. Railroad Co. v. Cook, 37 Neb. 435, 55 N. W. 943; Railroad Co. v. Gardner, 19 Minn. 136 (Gil. 99), 18 Am. Rep. 334.
FAIRLY. Justly; rightly; equitably. With substantial correctness.
"Fairly" is not synonymous with "truly," and "truly" should not be substituted for it in a commissioner's oath to take testimony fairly. Language may be truly, yet unfairly, reported; that is, an answer may be truly written down, yet in a manner conveying a different meaning from that intended and conveyed. And lan­guage may be fairly reported, yet not in accord­ance with strict truth. Lawrence v. Finch, 17 N. J. Bq. 234.
FAIT. L. Fr. Anything done. A deed; act; fact A deed lawfully executed. Com. Dig. Feme de fait. A wife de facto.
FAIT ENROIXE. A deed enrolled, as a bargain and sale of freeholds. 1 Keb. 568.
FAIT JURIDIQUE. In French law. A juridical fact One of the factors or ele­ments constitutive of an obligation.
FAITH. 1. Confidence; credit; reliance* Thus, an act may be said to be done "on the faith" of certain representations.
2.Belief; credence; trust Thus, the con­stitution provides that "full faith and credit" shall be given to the judgments of each state in the courts of the others.
3.Purpose; intent; sincerity; state of knowledge or design. This is the meaning of the word in the phrases "good faith" and "bad faith."
In Scotch law. A solemn pledge; an oath. "To make faith" Is to swear, with the
right hand uplifted, that one will declare the truth. 1 Forb. Inst pt 4, p. 235.
FAITHFULLY. As used In bonds of pub­lic and private officers, this term imports not only honesty, but also a punctilious discharge of all the duties of the office, requiring com­petence, diligence, and attention, without any malfeasance or nonfeasance, aside from mere mistakes. State v. Chadwick, 10 Or. 468; Hoboken v. Evans, 31 N. J. Law, 343; Har­ris v. Hanson, 11 Me. 245; American Bank v. Adams, 12 Pick. (Mass.) 306; Union Bank v. Clossey, 10 Johns. (N. Y.) 273; Perry v. Thompson, 16 N. J. Law, 73.
FAKIR. A street peddler who disposes of worthless wares, or of any goods above their value, by means of any false representa­tion, trick, device, lottery, or game of chance. Mills' Ann. St Colo. § 1400.
FAITOURS. Idle persons; idle livers; vagabonds. Cowell; Blount
FALANG. In old English law. A jack­et or close coat Blount
FAXCARE. In old' English law. To mow. Falcare grata, to mow or cut grass in mead­ows laid in for hay. A customary service to the lord by his inferior tenants.
Jus falcandi, the right of cutting wood. Bract, fol. 231.
Falcata, grass fresh mown, and laid in swaths.
Falcatio, a mowing. Bract fols. 35&, 230.
Falcator, a mower; a servile tenant who performed the labor of mowing.
Falcatura, a day's mowing.
FALCIDIA. In Spanish law. The Fal-cidian portion; the portion of an inheritance which could not be legally bequeathed away from the heir, viz., one-fourth.
FAXCIDIAN LAW. In Roman law. A law on the subject of testamentary disposi­tion, enacted by the people in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testator's right to burden his estate with legacies was sub­jected to an important restriction. It pre­scribed that no one could bequeath more than three-fourths of his property in legacies, and that the heir should have at least one-fourth of the estate, and that should the testator violate this prescript the heir may have the right to make a proportional deduction from each legatee, so far as necessary. Mackeld. Rom. Law, § 771; Inst 2, 22.
FAXCIDIAN PORTION. That portion of a testator's estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one-fourth.
FALD, or FAXDA. A sheep-fold. Cow-elL

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FALDA. Span. In Spanish law. The slope or skirt of a hill. Fossat v. United States, 2 Wall. 673, 17 L. Ed. 739.
FAXDiE CURSUS. In old English law. A fold-course; the course (going or taking about) of a fold. Spelman.
A sheep walk, or feed for sheep. 2 Vent. 139.
FAIiDAGE. The privilege which ancient­ly several lords reserved to themselves of set­ting up folds for sheep in any fields within their manors, the better to manure them, and this not only with their own but their ten­ants' sheep. Called, variously, "secta fal-dare" "fold-course," "free-fold," "faldagii." Cowell; Spelman.
FALDATA. In old English law. A flock or fold of sheep. Cowell.
FALDFEY. Sax. A fee or rent paid Dy a tenant to his lord for leave to fold his sheep on his own ground. Blount.
FALDISDORY. In ecclesiastical law. The bishop's seat or throne within the chan­cel.
FALDSOCA. Sax. The liberty or privi­lege of foldage.
FALDSTOOL. a place at the south side of the altar at which the sovereign kneels at his coronation. Wharton.
FALDWORTH. In Saxon law. A person of age that he may be reckoned of some decennary. Du Fresne.
TAJLERS1. In old English law. The tackle and furniture of a cart or wain. Blount
FALESIA. In old English law. A hill or down by the sea-side. Co. Litt 56; Domesday.
FALK-LAND. See Folc-Land.
FALL. In Scotch law. To lose. To fall from a right is to lose or forfeit it. 1 Karnes, Eq. 228.
FALL OF LAND. In English law. A quantity of land six ells square superficial measure.
FALLO. In Spanish law. The final de­cree or judgment given in a controversv «* law.
FALLOW-LAND. Land plowed, but not sown, and left uncultivated for a time after successive crops.
FALLUM. In old English law. An un­explained term for some particular kind of land. Cowell.
FALSA DEMONSTRATIO. In the civil law. False designation; erroneous descrip-
tion of a person or thing in a written instru­ment Inst 2, 20, 30.
Falsa demonstratio non nocet, cum do corpore (persona) constat. False descrip­tion does not injure or vitiate, provided the thing or person intended has once been suf­ficiently described. Mere false description does not make an instrument inoperative. Broom, Max. 629; 6 Term, 676; 11 Mees. & W. 189; Cleaveland v. Smith, 2 Story, 291, Fed. Cas. No. 2,874.
Falsa demonstratione legatnm non perimi. A bequest is not rendered void by an erroneous description. Inst. 2, 20, 30; Broom, Max. 645.
Falsa gramntatiea non vitiat concessi-onem. False or bad grammar does not vitiate a grant Shep. Touch. 55; 9 Coke, 48a. Neither false Latin nor false English will make a deed void when the intent of the parties doth plainly appear. Shep. Touch. 87.
FALSA MONETA. In the civil law. False or counterfeit money. Cod. 9, 24.
Falsa orthographia non vitiat char-tam, concessionem. False spelling does not vitiate a deed. Shep. Touch. 55, 87; 9 Coke, 48a; Wing. Max. 19.
FALSARE. In old English law. To counterfeit. Quia falsavit sigillum, because he counterfeited the seal. Bract fol. 2766.
FALSARIUS. A counterfeiter. Townsh. PI. 260.
FALSE. Untrue; erroneous; deceitful; contrived or calculated to deceive and in­jure. Unlawful. In law, this word means something, more than untrue; it means something designedly untrue and deceitful, and implies an intention to perpetrate some treachery or fraud. Hatcher v. Dunn, 102 Iowa, 411, 71 N. W. 343, 36 L. R. A. 689; Mason v. Association, 18 U. C. C. P. 19; Ratterman v. Ingalls, 48 Ohio St 468, 28 N. E. 168.
—False action. See Feigned Action.— False answer. In pleading. A sham answer; one which is false in the sense of being a mere pretense set up in bad faith and without color of fact Howe v. ElwelL 57 App. Div. 357, 67 N. Y. Supp. 1108; Farnsworth v. Halstead (Sup.) 10 N. Y. Supp. 763.—False character. Personating the master or mistress of a servant, or any representative of such master or mis­tress, and giving a false character to the servant is an offense punishable in England with a fine of £20. St. 32 Geo. III. c. 56.—False claim. in the forest law, was where a man claimed more than bis due, and was amerced and pun­ished for the same. Manw. c. 25; Tomlins.— False entry. In banking law. An entry in the books of a bank which is intentionally made to represent what is not true or does not ex­ist, with intent either to deceive its ofEcers or a bank examiner or to defraud the bank. Ag-new v. U. S., 165 U. S. 36, 17 Sup. Ct. 235, 41 L. Ed. 624; U. S. v. Peters (a C.) 87 Fed. 984, —False fact. In the law of evidence. A

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481 FALSIFYING A RECORD

feigned, simulated, or fabricated fact; a fact not founded in truth, but existing only in as­sertion: the deceitful semblance of a fact.— False imprisonment. See Imprisonment.— False instrument. A counterfeit; one made in the similitude of a genuine instrument and purporting on its face to be such. U. S. v. Howell, 11 Wall. 435, 20 L. Ed. 195; U. S. v. Owens (C. G.) 37 Fed. 115; State v. Willson, 28 Minn. 52, 9 N. W. 28.—False judgment. In old English law. A writ which lay when a false judgment had been pronounced in a court not of record, as a coun­ty court, court baron, etc. Fitzh. Nat. Brev. 17, 18. In old French law. The defeated party in a suit had the privilege of accusing the judg­es of pronouncing a false or corrupt judgment, whereupon the issue was determined by his challenging them to the combat or duellum. This was called the "appeal of false judgment." Montesq. Esprit des Lois, liv. 28, c. 27.—False Latin. When law proceedings were written in Latin, if a word were significant though not good Latin, yet an indictment, declaration, or fine should not be made void by it; but if the word were not Latin, nor allowed by the law, and it were in a material point, it made the whole vicious. (5 Coke, 121; 2 Nels. 830.) Wharton.—False lights and signals. Lights and signals falsely and maliciously displayed for the purpose of bringing a vessel into dan­ger.—False news. Spreading false news, whereby discord may grow between the queen of England and her people, or the great men of the realm, or which may nroduce other mis­chiefs, still seems to be a misdemeanor, under St. 3 Edw. I. c. 34. Steph. Cr. Dig. § 95.— False oath. See Perjury.—False persona­tion. The criminal offense of falsely represent­ing some other person and acting in the charac­ter thus unlawfully assumed, in order to de­ceive others, and thereby gain some profit or advantage, or enjoy some right or privilege be­longing to the one so personated, or subject him to some expense, charge, or liability. See 4 Steph. Comm. 181, 290.—False plea. See Sham Plea.—False pretenses. In criminal law. False representations and statements, made with a fraudulent design to obtain money, goods, wares, or merchandise, with intent to cheat. 2 Bouv. Inst. no. 2308. A representation of some fact or circumstance, calculated to mis­lead, which is not true. Com. v. Drew, 19 Pick. (Mass.) 184; State v. Grant, 86 Iowa, 216, 53 N. W. 120. False statements or repre­sentations made with intent to defraud, for the purpose of obtaining money or property. A pretense is the holding out or offering to oth-ers something false and feigned. This may be done either by words or actions, which amount to false representations. In fact, false repre­sentations are inseparable from the idea of a pretense. Without a representation which is false there can be no pretense. State v. Joa­quin, 43 Iowa, 132.—False representation. See Fbatjd; Deceit,—False return. See Return.—False swearing. The misdemean­or committed in English law by a person who swears falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstances that the false swearing would have amounted to per­jury if committed in a judicial proceeding; as where a person makes a false affidavit under the bills of sale acts. Steph. Cr. Dig. p. 84. And see O'Bryan v. State, 27 Tex. App. 339, 11 S. W. 443.—False token. In criminal law. A false document or sign of the existence of a fact, used with intent to defraud, for the pur­pose of obtaining money or property. State v. Renick, 33 Or. 584, 56 Pac. 275, 44 L. R. A. 266, 72 Am. St. Rep. 758; People v. Stone, 9 Wend. (N. T.) 188.—False verdict. See Verdict.—False weights. False weights and measures are such as do not comply with the standard prescribed by the state or govern­ment, or with the custom prevailing in the
Bl.Law Dict.(2d Ed.)—31
place and business in which they are used. Pen. Code Cal. 1903, f 552; Pen. Code Idaho, 1901, § 5003.
FALSEDAD. In Spanish law. Falsity; an alteration of the truth. Las Partidas, pt. 3, tit, 26, 1. 1.
Deception; fraud. Id. pt. 3, tit. 32, 1. 21.
FALSEHOOD. A statement or assertion known to be untrue, and intended to deceive. A willful act or declaration contrary to the truth. Putnam v. Osgood, 51 N. H. 207.
In Scotch law. A fraudulent imitation or suppression of truth, to the prejudice of another. Bell. "Something used and pub­lished falsely." An old Scottish nomen juris. "Falsehood is undoubtedly a nom­inate crime, so much so that Sir George Mac­kenzie and our older lawyers used no other term for the falsification of writs, and the name 'forgery' has been of modern intro-' duction." "If there is any distinction to be made between 'forgery' and 'falsehood,' I would consider the latter to be more com­prehensive than the former." 2 Broun, 77, 78.
FALSI CRIMEN. Fraudulent * suborna­tion or concealment, with design to darken or hide the truth, and make things appear otherwise than they are. It is committed (1) by words, as when a witness swears falsely; (2) by writing, as when a person antedates a contract; (3) by deed, as sell­ing by false weights and measures. Whar­ton. See Crimen Falsi.
FALSIFICATION. In equity practice. The showing an item in the debit of an ac­count to be either wholly false or in some part erroneous. 1 Story, Eq. Jur. § 525. And see Phillips v. Belden, 2 Edw. Ch. 23; Pit v. .Cholmondeley, 2 Ves. Sr. 565; Kennedy v. Adickes, 37 S. C. 174, 15 S. E. 922; Tate v.* Gairdner, 119 Ga. 133, 46 S. E. 73.
FALSIFY*. To disprove; to prove to be false or-erroneous; to avoid or defeat; spok­en of verdicts, appeals, etc.
To counterfeit or forge; to make some­thing false; to give a false appealance to anything.
In equity practice. To show, in account­ing before a master in chancery, that a charge has Been inserted which is wrong; that is, either wholly false or in some part erroneous. Pull. Accts. 162; 1 Story, Eq. Jur. § 525. See Falsification.
FALSIFYING A RECORD. A high of­fense against public justice, punishable in England by 24 & 25 Vict. c. 98, §§ 27, 28, and in the United States, generally, by stat­ute.

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482
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FALSING. In Scotch law. False mak­ing; forgery. "Falsing of evidentis." 1 Pitc. Crim. Tr. pt. 1, p. 85.
Making or proving false.
—Falsing of dooms. la Scotch law. The proving the injustice, falsity, or error of the doom or'sentence of a court Tomlins; Jacob. The reversal of a sentence or judgment. Skene. An appeal. Bell.
FAXSO RETORNO BREVIUM. A
writ which formerly lay against the sheriff who had execution of process for false re­turning of writs. Reg. Jud. 436.
FALSONARITJS. A forger; a counter­feiter. Hov. 424.
FALSUM. Lat. In the civil law. A false or forged thing; a fraudulent simula­tion; a fraudulent counterfeit or imitation, such as a forged signature or instrument. Also falsification, which may be either by falsehood, concealment of the truth, or fraudulent alteration, as by cutting out or erasing part of a writing.
FALSUS. Lat. False; fraudulent; er­roneous. Deceitful; mistaken.
Falsns in uno, falsns in omnibus*
False in one thing, false in everything. Where a party is clearly shown to have em­bezzled one article of property, it is a ground of presumption that he may have embezzled others also. The Boston, 1 Sumn. 328, 356, Fed. Cas. No. 1,673; The Santissima Trini­dad, 7 Wheat. 339, 5 L. Ed. 454. This maxim is particularly applied to the testimony of a witness, who, if he is shown to have sworn falsely in one detail, may be considered un­worthy of belief as to all the rest of his evi­dence. Grimes v. State, 63 Ala. 168; Wilson v. Coulter, 29 App. Div. 85, 51 N. Y. Supp. 804; White v. Disher, 67 Cal. 402, 7 Pac. 826.
FAMA. Lat. Fame; character; reputa­tion; report of common opinion.
Fama, fides et oculus non patiuntur lndnnt. 3 Bulst. 226. Fame, faith, and eyesight do not suffer a cheat.
Fama quae suspicionem inducit, oriri debet apnd bonos et graves, non quidem malevolos et maledicos, sed providas et fide dignas personas, non semel sed sae-pius, quia clamor minnit et defamatio manifestat. 2 Inst. 52. Report, which in­duces suspicion, ought to arise from good and grave men; not, indeed, from malevo­lent and malicious men, but from' cautious and credible persons; not only once, but frequently; for clamor diminishes, and def­amation manifests.
FAMACIDE. A killer of reputation; a slanderer.
FAMILIA. In Roman law. A house­hold; a family. On the composition of the Roman family, see Agnati; Cognati; and see Mackeld. Rom. Law, § 144.
Family right; the right or status of being the head of a family, or of exercising the patria potestas over others. This could be­long only to a Roman citizen who was a "man in his own right," (homo sui juris.) Mackeld. Rom. Law, §§ 133, 144.
In old English law. A household; the body of household servants; a quantity of land, otherwise called "mansa," sufficient to maintain one family.
In Spanish, law. A family, which might consist of domestics or servants. It seems that a single person owning negroes was the "head of a family," within the meaning of the colonization laws of Coahuila and Tex­as. State ?. Sullivan, 9 Tex. 156.
FAMILIES EMPTOR. In Roman law. An intermediate person who purchased the aggregate, inheritance when sold per oes et libram, in the process of making a will un­der the Twelve Tables. This purchaser was merely a man of straw, transmitting the in­heritance to the hceres proper. Brown.
FAMILIA ERCISCUND.X. In Roman law. An action for the partition of the ag­gregate succession of a familia, where that devolved upon co-hosredes. It was also ap­plicable to enforce a contribution towards the necessary expenses incurred on the familia. See Mackeld. Rom. Law, S 499.
FAMIIilARES REGIS. Persons of the king's household. The ancient title of the "six clerks" of chancery in England. Crabb, Com. Law, 184; 2 Reeve, Eng. Law, 249, 251.
FAMILY. A collective body of persons who live in one house and under one head or management. Jarboe v. Jarboe, 106 Mo. App., 459, 79 S. W. 1162; Dodge v. Boston & P. R. Corp, 154 Mass. 299, 28 N. E. 243, 13 L. R. A. 318; Tyson v. Reynolds, 52 Iowa, 431, 3 N. W. 469.
A family comprises a father, mother, and children. In a wider sense, it may include domestic servants; all who live in one house under one head. In a still broader sense, a group of blood-relatives; all the relations who descend from a common ancestor, or who spring from a common root. See Civil Code La. art. 3522, no. 16; 9 Ves. 323.
A husband and wife living together may constitute a "family," with,in the meaning of that word as used in a homestead law. Miller v. Finegan, 26 Fla. 29, 7 South. 140, 6 L. R. A. 813.
"Family," in its origin, meant "servants;" but, in its more modern and comprehensive meaning, it signifies a collective body of persons living together in one house, or within the cur-

FAMILY
483
FARM

tilage, in legal phrase. Wilson y. Cochran, 31 Tex. 677, 98 Am. Dec. 553.
"Family" may mean children, wife and chil­dren, blood-relatives, or the members of the domestic circle, according to the connection in which the word is used. Spencer v. Spencer, 11 Paige (N. Y.) 159.
"Family," in popular acceptation, includes parents, children, and servants,—all whose dom­icile or home is ordinarily in the same house and under the same management and head. In a statute providing that to gain a settle­ment in a town one must have "supported him­self and his family therein" for six years, it in­cludes the individuals whom it was the right of the head to control, and his duty to sup­port The wife is a member of the family, within such an enactment. Cheshire v. Bur­lington, 31 Conn. 326.
—Family arrangement. A term denoting an agreement between a father and his chil­dren, or between the heirs of a deceased fa­ther, to dispose of property, or to partition it in a different manner than that which would result if the law alone directed it, or to divide up property without administration. In these cases, frequently, the mere relation of the par­ties will give effect to bargains otherwise with­out adequate consideration. 1 Chit. Pr. 67; 1 Turn. & R. 13—Family Bible. A Bible containing a record of the births, marriages, and deaths of the members of a family.—Fam­ily meeting. An institution of the laws of Louisiana, being a council of the relatives (or, if there are no relatives, of the friends) of a minor, for the purpose of advising as to his affairs and the administration of his property. The family meeting is called by order of a judge, and presided over by a justice or notary, and must consist of at least five persons, who are put under oath. In re Bothick, 44 La, Ann. 1037, 11 South. 712; Civ. Code La. art. 305. It corresponds to the "conseil de famille" of French law, q. V.—Family settlement. A term of practically the same signification as "family arrangement," g. v. supra. See Willey v. Hodge, 104 Wis. 81, 80 N. W. 75, 76 Am. St. Rep. 852.
FAMOSUS. In the civil and old English law. Relating to or affecting character or reputation; defamatory; slanderous.
—Famoini libellns. A libelous writing. A
term of the civil law denoting that species of
injuria which corresponds nearly to libel or
slander.
FANAIi. Ft. In French marine law. A large lantern, fixed upon the highest part of a vessel's stern.
FANATICS. Persons pretending to be Inspired, and being a general name for Qua­kers, Anabaptists, and all other sectaries, and factious dissenters from the Church of England. (St 13 Car. II. c. 6.) Jacob.
FANEGA. In Spanish law. A measure of land varying in different provinces, but In the Spanish settlements in America con­sisting of 6,400 square varas or yards.
FAQUEEB, or FAKIR. A Hindu term for a poor man, mendicant; a religious beg­gar.
FARANDMAN. In Scotch law. A trav­eler or merchant stranger. Skene.
FAR1MEX OF LAND. In old English law. The fourth part of a yard-land. Noy says an eighth only, because, according to him, two fardels make a nook, and four nooks a yard-land. Wharton.
FARDEIXA. In old English law. A bundle or pack; a fardel. Fleta, lib. 1, c. 22, § 10.
FARDING-DEAX. The fourth part of an acre of land. Spelman.
FARE. A voyage or passage by water; also the money paid for a passage either by land or by water. Cowell.
The price of passage, or the sum paid or to be paid for carrying a passenger. Chase v. New York Cent. R. Co., 26 N. Y. 526.
FARINAGIUM. A mill; a toll of meal or flour. Jacob; Spelman.
FARIiEU. Money paid by tenants In lieu of a heriot It was often applied to the best chattel, as distinguished from heriot, the best beast. Cowell.
FARLINGARII. Whoremongers and adulterers.
FARM, n. A certain amount of provision reserved as the rent of a messuage. Spel­man.
Rent generally which is reserved on a lease; when it was to be paid in money, it was called. "Uanche prmc." Spelman; 2 Bl. Comm. 42.
A term, a lease of lands; a leasehold in­terest. 2 Bl. Comm. 17; 1 Reeve, Eng. Law, 301, note. The land itself, let to farm or rent. 2 BL Comm. 368.
A portion of land used for agricultural purposes, either wholly or In part.
The original meaning of the word was "rent," and by a natural transition it came to mean the land out of which the rent is­sued.
In old English law. A lease of other things than land, as of imposts. There were several of these, such as "the sugar farm," "the silk farm," and farms of wines and cur­rents, called "petty farms." See 2 How. State Tr. 1197-1206.
In American law. "Farm" denotes a tract of land devoted in part, at least, to cul­tivation, for agricultural purposes, without reference to its extent, or to the tenure by which it is held. In re Drake (D. C.) 114 Fed. 231; People ex rel. Rogers v. Caldwell, 142 HI. 434, 32 N. E. 691; Kendall v. Miller, 47 How. Prac. (N. Y.) 448; Com. v. Carmalt, 2 Bin. (Pa.) 238.
FARM, v. To lease or let; to demise or grant for a limited term and at a stated rental.
—Farm let. Operative words in a lease, ?which strictly mean to let upon payment of a

FARM
484 FATUUS PILESUMITUR

certain rent In farm; »*. e., in agricultural produce.—Farm out., To let for a term at a stated rental. Among the Romans the collec­tion of revenue was farmed out, and in Eng­land taxes and tolls sometimes are.
FARMER. 1. The lessee of a farm. It is said that every lessee for life or years, al­though It be but of a small house and land, is called "farmer." This word implies no mystery, except it be that of husbandman. Cunningham; Cowell.
2.A husbandman or agriculturist; one' who cultivates a farm, whether the land be his own or another's.
3..One who assumes the collection of the public revenues, taxes, excise, etc., for a certain commission or percentage; as a farm­er of the revenues.
FARO. An unlawful game of cards, In which all the other players play against the banker or dealer, staking their money upon the order in which the cards will lie and be dealt from the pack. Webster; Ward v. State, 22 Ala. 19; U. S. v. Smith, 27 Fed. Gas. 1149; Patterson r. State, 12 Tex. App. 224.
FARRAGO LIBELLI. Lat. An ill-com­posed book containing a collection of miscel­laneous subjects not properly associated nor scientifically arranged. Wharton.
FARTHING. The fourth part of an Eng­lish penny.
—Farthing of sold* An ancient English coin, containing in value the fourth part of a noble.
FARYNDON INN. The ancient appel­lation of Serjeants' Inn, Chancery lane.
FAS. Lat. Right; justice; the divine law. 3 Bl. Comm. 2; Calvin.
FASITJS. In old English law. A faggot of wood.
FAST. In Georgia, a "fast" bill of excep­tions is one which may be taken in injunc­tion suits and similar cases, at such time and in such manner as to bring the case up for review with great expedition. It must be certified within twenty days from the render­ing of the decision. Sewell v. Edmonston, 66 Ga. 353.
FAST-DAY. A day of fasting and pen­itence, or of mortification by religious absti­nence. See 1 Chit Archb. Pr. <12th Ed.) 160, et seq.
FAST ESTATE. See Estate.
FASTERMANS, or FASTING-MEN.
Men in repute and substance; pledges, sure­ties, or bondsmen, who, according to the Saxon polity, were fast bound to answer for each other's peaceable behavior. Enc Lond.
FASTI. In Roman law. Lawful Diet fasti, lawful days; days on which justice could lawfully be administered by the praetor. See Dies Fasti.
Fatetur facinus qui judicium fugit.
8 Inst. 14. He who flees judgment confesses his guilt.
FATHER. The male parent He by whom a child is begotten. As used in law, this term may (according to the context and the nature of the instrument) include a pu­tative as well as a legal father, also a step­father, an adoptive father, or a grandfather, but is not as wide as the word "parent," and cannot be so construed as to include a female. Lind v. Burke, 56 Neb. 785, 77 N. W. 444; Crook v. Webb, 125 Ala. 457, 28 South. 384; Cotheal v. Cotheal, 40 N. Y. 410; Lantznes-ter v. State, 19 Tex. App. 321; Thornburg v. American Strawboard Co., 141 Ind. 443, 40 N. E. 1062, 50 Am. St Rep. 334.
—Father-in-law. The father of one's wife or husband.—rPutative father. The alleged or reputed father of an illegitimate child. State v. Nestaval, 72 Minn. 415, 75 N. W. 725.
FATHOM. A nautical measure of six -feet in length. Occasionally used as a super­ficial measure of land and. in mining, and in that case it means a square fathom or thirty-six square feet Nahaolelua v. Kaaa-hu, 9 Hawaii, 601.
FATUA MUXIER. A whore. Du Fresne.
FATUITAS. In old English law. Fa­tuity; idiocy. Reg. Orig. 266.
FATUM. Lat. Fate; a superhuman pow­er ; an event or cause of loss, beyond human foresight or means of prevention.
FATUOUS PERSON. One entirely des­titute of reason; ?* qui omnino desipit. Ersk. Inst 1, 7, 48.
FATUUS. An idiot or fool. Bract foL 420&.
Foolish; absurd; Indiscreet; or ill consid­ered. Fatuum judicium, a foolish judgment or verdict. Applied to the verdict of a jury which, though false, was not criminally so, or did not amount to perjury. Bract fol. 289.
Fatuus, apud jurisconsultos nostras, accipitur pro non compos mentis; et fatuus dieitur, qui omnino desipit. 4
Coke, 128. Fatuous, among our juriscon­sults, is understood for a man Hot of right mind; and he is called "fatuus" who is al­together foolish.
Fatuus prcesumitur qui in proprio nomine errat. A man is presumed to be simple who makes a mistake in his own name. Code, 6, 24, 14; Van Alst v. Hunter, 6 Johns. Ch, (N. Y.) 148, 161.

FAUBOURG
485
FEAR

FAUBOURG. In French law, and in Louisiana. A district or part of a town ad-Joining the principal city; a suburb. See City Council of Lafayette v. Holland, 18 La. 286.
FAUCES TERR.S2. (Jaws of the land.) Narrow headlands and promontories, inclos­ing a portion or arm of the sea within them. 1 Kent, Comm. 367, and note; Hale, De Jure Mar. 10; The Harriet, 1 Story, 251, 259, Fed. Cas. No. 6,099.
FAULT. In the civil law. Negligence; want of care. An improper act or omission, injurious to another, and transpiring through negligence, rashness, or ignorance.
There are in law three degrees of faults,— the gross, the slight, and the very slight fault. The gross fault is that which proceeds from inexcusable negligence or ignorance; it is" considered as nearly equal to fraud. The slight fault is that want of care which a pru­dent man usually takes of his 'business. The very slight fault is that which is excusable, and for which no responsibility is incurred. Civil Code La. art. 3556, par. 13.
In American law. Negligence; an error or defect of judgment or of conduct; any deviation from prudence, duty, or rectitude; any shortcoming or neglect of care or per­formance resulting from inattention, incapac­ity, or perversity; a wrong tendency, course, or act. Railroad Co. v. Berry, 2 Ind. App. 427, 28 N. E. 714; Railway Co. v. Austin, 104 Ga. 614, 30 S. E. 770; School Dist. v. Boston, H. & E. R. Co., 102 Mass. 553, 3 Am. Rep. 502; Dorr v. Harkness, 49 N. J. Law, 571, 10 Atl. 400, 60 Am. Rep. 656.
In commercial law. Defect; imperfec­tion; blemish. See With All Faults.
In mining law. A dislocation of strata; particularly, a severance of the continuity of a vein or lode by the dislocation of a por­tion of it.
FAUTOR. In old English law. A
favorer or supporter of others; an abettor. Cowell; Jacob. A partisan. One who en­couraged resistance to the execution of pro­cess.
In Spanish law. Accomplice; the per­son who aids or assists another in the com­mission of a crime.
FAUX. In old English law. False; counterfeit. Faux action, a false action. Litt. § 688. Faux money, counterfeit money. St Westm. 1, c. 15. Faux peys, false weights. Britt. c. 20. Faux serement, a false oath. St. Westm. 1, c. 38.
In French law. A falsification or fraud­ulent alteration or suppression of a thing by words, by writings, or by acts without either. Biret
"Faua may be understood in three ways. In its most extended sense it is the alteration of
truth, with or without intention; it is nearly synonymous with 'lying.' In a less extended sense, it is the alteration of truth, accompanied with fraud, mutatio veritatis cum dolo facta. And lastly, in a narrow, or rather the legal, sense of the word, when it is a question to know if the faux be a crime, it is the fraudu­lent alteration of the truth in those cases as­certained and punished by the law." Touillier, t. 9, n. 188.
In the civil law. The fraudulent alter­ation of the truth. The same with the Latin falsum or crimen falsi.
FAVOR. Bias; partiality; lenity; prej­udice. See Challenge.
Favorabilia in lege sunt flscns, dos, vita, libertas. Jenk. Cent 94. Things favorably considered in law are the treasury, dower, life, liberty.
Favorabiliores rei, potins qnam ac­tor es, habentur. The condition of the de­fendant must be favored, rather than that of the plaintiff. In other words, melior est conditio defendenUs. Dig. 50, 17, 125; Broom, Max. 715.
Favorabiliores sunt executiones aliis processibus quibuscnnque. Co. Litt. 289. Executions are preferred to all other pro­cesses whatever.
Favores ampliandi snnt; odia restrin-genda. Jenk. Cent. 186. Favors are to be enlarged; things hateful restrained.
FEAL. Faithful. Tenants by knight serv­ice swore to their lords to be feal and leal; i. e., faithful and loyal.
FEAL AND DIVOT. A right in Scot­land, similar to the right of turbary in Eng­land, for fuel, etc.
FEALTY. In feudal law. Fidelity; al­legiance to the feudal lord of the manor; the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord, and render him obedi­ence and service. See De Peyster v. Mi­chael, 6 N. Y. 497, 57 Am. Dec. 470.
Fealty signifies fidelity, the phrase "feal and leal" meaning simply "faithful and loyal." Ten­ants by knights' service and also tenants in socage were required to take an oath of fealty to the king or others, their immediate lords; and fealty was one of the conditions of their tenure, the breach of which operated a for­feiture of their estates. Brown.
Although foreign jurists consider fealty and homage as convertible terms, because in some continental countries they are blended so as to form one engagement, yet they are not to be confounded in our country, for they do not im­ply the same thing, homage feeing the acknowl­edgment of tenure, and fealty, the vassal oath of fidelity, being the essential feudal bond, and the animating .principle of a feud, without which it could not subsist Wharton.
FEAR. Apprehension of harm. Apprehension of harm or punishment, as exhibited by outward and visible marks of

FEASANCE
486
FEE

emotion. An evidence of guilt In certain cases. See Burrill, Circ. Ev. 476.
FEASANCE. A doing; the doing of an act. See Malfeasance; Misfeasance; Non-
JXASANCE.
A making; the making of an indenture, release, or obligation. Litt. § 371; Dyer, (Fr. Ed.) 566. The making of a statute. Keilw. 16.
FEASANT. Doing, or making, as, In the term "damage feasant," (doing damage or injury,) spoken of cattle straying upon an­other's land.
FEASOR. Doer; maker. Feasors del estatute, makers of the statute. Dyer, 36. Also used in the compound term, "tort-feas­or," one who commits or is guilty of a tort
FEASTS. Certain established festivals or holidays in the ecclesiastical calendar. These days were anciently used as the dates of legal instruments, and in England the quar­ter-days, for paying rent, are four feast-days. The terms of the courts, in England, before 1875, were fixed to begin on certain days determined with reference to the occurrence of four of the chief feasts.
FECIAL IiAW. The nearest approach to a System of international law known to the ancient world. It was a branch of Roman Jurisprudence, concerned with- embassies, dec­larations of war, and treaties of peace. It received this name from the feciales, (q. v.,) who were charged with its administration.
FECIALES. Among the ancient Romans, that order of priests who discharged the du­ties of ambassadors. Subsequently their du­ties appear to have related more particular­ly to the declaring war and peace. Calvin.; 1 Kent, Comm. 6.
FEDERAL. In constitutional law. A
term commonly used to express a league or compact between two or more states.
In American law. Belonging to the gen­eral government or union of the states. Founded on or organized under the constitu­tion or laws of the United States.
The United States has been generally styled, in American political and judicial writings, a "federal government." The term has not been imposed by any specific constitutional author­ity, but only expresses the general sense and opinion upon the nature of the form of govern­ment. In recent years, there is observable a disposition to employ the term "national" in speaking of the government of the Union. Nei­ther word settles anything as to the nature or powers of the government. "Federal" is some­what more appropriate if the government is considered a union of the states; "national" is preferable if the view is adopted that the state governments and the Union, are two dis­tinct systems, each established by the people directly, one for local and the other for nation-
al purposes. See United States v. Ouikshank, 92 U. S. 542, 23 L. Ed. 588; Abbott.
—Federal courts. The courts of the United
States. See Courts of the United States. —Federal government. The'System of gov­ernment administered in a state formed by the union or confederation of several independent or quasi independent states; also the composite state so formed. In strict usage, there is a distinction between a confederation and a fed­eral government. The former term denotes a league or permanent alliance between several states, each of which is fully sovereign and in­dependent, and each of which retains its full dignity, organization, and sovereignty, though yielding to the central authority a controlling power for a few limited purposes, such as ex­ternal and diplomatic relations. In this case, the component states are the units, with re­spect to the confederation, and the central gov­ernment acts upon them, not upon the individ­ual citizens. In a federal government, on the other hand, the allied states form a union,— not, indeed, to such an extent as to destroy their separate organization or deprive them of quasi sovereignty with respect to the adminis­tration of their purely local concerns, but so that the central power is erected into a true state or nation, possessing sovereignty both ex­ternal and internal,—while the administration of national affairs is directed, and its effects felt, not by the separate states deliberating as units, but by the people of all, in their collec­tive capacity, as citizens of the nation. The distinction is expressed, by the German writers, by the use of the two words " Staatenbund" and "Bundesstaat;" the former denoting a league or confederation of states, and the latter a federal government, or state formed by means of a league or confederation.—Federal ques­tion. Cases arising under the constitution of the United States, acts of congress, or treaties, and involving their interpretation or applica­tion, and of which jurisdiction is given to the federal courts, are commonly described by the legal profession as cases involving a "federal question." In re "Sievers (D. C.) 91 Fed. 372; U. S. v. Douglas, 113 N. C. 190, 18 S. E. 202 ; Williams v. Bruffy, 102 U. S. 248, 26 L. Ed. 135.
FEE. 1. A freehold estate in lands, held of a superior lord, as a reward for services, and on condition of rendering some service in return for it. The true meaning of the word "fee" is the same as that of "feud" or "fief," and in its original sense it is taken in con­tradistinction to "allodium," which latter is defined as a man's own land, which he pos­sesses merely in his own right, without ow­ing any rent or service to any superior. 2 Bl. Comm. 105. See Wendell v. Crandall, 1 N. Y. 491.
In modern English tenures, "fee" signifies an estate of inheritance, being the highest and most extensive Interest which a man can have in a feud; and when the term is used simply, without any adjunct, or in the form "fee-simple," it imports an absolute inher­itance clear of any condition, limitation, or restriction to particular heirs, but descend­ible to the heirs general, male or female, lin­eal or collateral. 2 Bl. Comm. 106.
—Base fee. A determinable or qualified fee; an estate having the nature of a fee, but not a fee simple absolute.—Conditional fee. An
estate restrained to some particular heirs, ex­clusive of others, as to the heirs of a 'man's body, by which only his lineal descendants were

FES
487
FEE-SIMPLE

admitted, in exclusion of collateral; or to the heirs male of his body, in exclusion of heirs female, whether lineal or collateral. It was called a "conditional fee," by reason of the con­dition expressed or implied in the donation of it that, if the donee died without such particu­lar heirs, the land should revert to the donor. 2 Bl. Oomm. 110; Kirk v. Furgerson, 6 Oold. (Tenn.) 483; Simmons v. Augustin, 3 Port. (Ala.) 69; Paterson v. Ellis, 11 Wend. (N. Y.) 277; Moody v. Walker, 3 Ark. 190; Halbert v. Halbert, 21 Mo. 281.—Determinable fee. (Also called a "qualified" or "base" fee.} One which has a qualification subjoined to it, and which must be determined whenever the qual­ification annexed to it is at an end. 2 Bl. Oomm. 109. An estate in fee which is liable to be determined by some act or event express­ed on its limitation to circumscribe its continu­ance, or inferred by law as bounding its ex­tent. 1 Washb. Real Prop. 62; MicLane v. Bo-vee, 35 Wis. 36—Fee damages. See Dam­ages —Fee expectant. An estate where lands are given to a man and his wife, and the heirs of their bodies.—Fee simple. See that title.—Fee tail. See that title.—Great fee. In feudal law, this was the designation of a fee held directly from the crown.—Knight's fee. The determinate quantity of land, (held by an estate of inheritance,) or of annual in­come therefrom, which was sufficient to main­tain a knight. Every man holding such a fee was obliged to be knighted, and attend the king in his wars for the space of forty days in the year, or pay a fine (called "escuage") for his non-compliance. The estate was estimated at £20 a year, or, according to Coke, 680 acres. See 1 Bl. Oomm. 404, 410; 2 Bl. Comm. 62; Co. Litt. 69a.—Limited fee. An estate of inheri­tance in lands, which is clogged or confined with some sort of condition or qualification. Such estates are base or qualified fees, condi­tional fees, and fees-tail. The term isn opposed to "fee-simple." 2 Bl. Oomm. 109; Lott r. Wyckoff, 1 Barb. (N. Y.) 575; Paterson v. Ellis, 11 Wend. (N. Y.) 259—Plowman's fee. In old English law, this was a species of ten­ure peculiar to peasants or small farmers, some­what like gavelkind, by which the lands de­scended in equal shares to all the sons of the tenant.—Qualified fee. In English law. A fee having a qualification subjoined thereto, and which must be determined whenever the quali­fication annexed to it is at an end; otherwise termed a "base fee." 2 Bl. Oomm. 109; 1 Steph. Oomm. 225. An interest which may continue forever, but is liable to be deter­mined, without the aid of a conveyance, by Borne act or event, circumscribing its continu­ance or extent. 4 Kent, Oomm. 9; Moodv v. Walker, 3 Ark. 190; U. S. v. Reese, 27 Fed. Cas. 744; Bryan v. Spires, 3 Brewst. (Pa.) 583.—Quasi fee. An estate gained by wrong; for wrong is unlimited and uncontained within rules. Wharton.
2.The word "fee" is also frequently used to denote the land which is held in fee.
3.The compass or circuit of a manor or lordship. Cowell.
4.In American law. A fee is an estate of inheritance without condition, belonging to the owner, and alienable by him, or trans­missible to his heirs absolutely and simply. It is an absolute estate in perpetuity, and the largest possible estate a man can have, being, in fact, allodial in its nature. Earnest v. Little River Land, etc., Co., 109 Tenn. 427, 76 S. W. 1122; Phoenix v. Emigration Com'rs, 12 How. Prac. (N. Y.) 10; United States Pipe-Line Co. v. Delaware, L. & W. R. Co.,
62 N. J. Law, 254, 41 Atl. 759, 42 L. R. A. 572.
5. A reward, compensation, or wage given to one for the performance of offleial duties (clerk of court, sheriff, etc.) or for profes­sional services, as in the case of an attorney at law or a physician.
—Contingent fee. A fee stipulated to be paid to an attorney for his services in conduct­ing a suit or other forensic proceeding only in case he wins it; it may be a percentage of the amount recovered.—Docket fee. See Docket.—Fee-bill. A schedule of the fees to be charged by clerks of courts, sheriffs, or oth­er officers, for each particular service in the line of their duties.
FEE-FARM. This is a species of tenure, where land is held of another in perpetuity at a yearly rent, without fealty, homage, or other services than such as are specially com­prised in the feoffment. It corresponds very nearly to the "emphyteusis" of the Roman law.
Fee-farm is where an estate in fee is granted subject to a rent in fee of at least one-fourth of the value of the lands at the time of its reservation. Such rent appears to be called "fee-farm" because a grant of lands reserving so considerable a rent is indeed only letting lands to farm in fee-simple, instead of the usu­al method of life or years. 2 Bl. Comm. 43; 1 Steph. Comm. 676.
Fee-farms are lands held in fee to render for them annually the true value, or more or less; so called because a farm rent is reserved upon a grant in fee. Such estates are estates of in­heritance. They are classed among estates in fee-simple. No reversionary interest remains in the lessor, and they are therefore subject to the operation of the legal principles which forbid restraints upon alienation in all cases where no feudal relation exists between gran­tor and grantee. De Peyster v. Michael, 6 N. Y. 497. 57 Am. Dec. 470.
—Fee-farm rent. The rent reserved on granting a fee-farm. It*might be one-fourth the value of the land, according to Cowell; one-third, according to other authors. Spel-man; Termes de la Ley; 2 Bl. Comm. 43. Fee-farm rent is a rent-charge issuing out of an estate in fee; a perpetual rent reserved on a conveyance in fee-simple. De Peyster r. Michael, 6 N. Y. 467, 495, 57 Am. Dec. 470.
FEE-SIMPLE. In English, law. A
freehold estate of inheritance, absolute and unqualified. It stands at the head of estates as the highest in dignity and the most ample in extent; since every other kind of estate is derivable thereout, and mergeable therein. It may be enjoyed not only in land, but also in advowsons, commons, estovers, and other hereditaments, as well as in personalty, as an annuity or dignity, and also in an upper chamber, though the lower buildings and soil belong to another. Wharton.
In American law. An absolute or fee-simple estate is one in which the owner is entitled to the entire property, with uncondi­tional power of disposition during his life, and descending to his heirs and legal repre­sentatives upon his death intestate. Code Ga. 1882, § 2246. And see Friedman v. Stein-er, 107 111. 131; Woodberry v. Matherson, 19

FEE-SIMPLE
488
FELO DE SE

Fla. 785; Lyle v. Richards, 9 Serg. & R. (Pa.) 374; Loventhal v. Home Ins. Co., 112 Ala. 108, 20 South. 419, 33 L. R. A. 258, 57 Am. St'Rep. 17; Dumont v. Dufore, 27 Ind. 267.
Feersimple signifies a pure fee; an absolute es­tate of inheritance; that which a person holds inheritable to him and his heirs general forever. It is called "fee-simple," that is, "pure," be­cause clear of any condition or restriction to particular heirs, being descendible to the heirs general, whether male or female, lineal or col­lateral. It is the largest estate and most ex­tensive interest that can be enjoyed in land, being the entire property therein, and it con­fers an unlimited power of alienation. Haynes v. Bourn, 42 Vt. 686.
A fee-simple is the largest estate known to the law, and where no words of qualification or limitation are added, it means an estate in possession, and owned in severalty. It is un­doubtedly true that a person may own a re­mainder or reversion in fee. But such an es­tate is not a fee-simple; it is a fee qualified or limited. So, when a person owns in com­mon with another he does not own the entire fee,—a fee-simple; it is a fee divided or shared with another. Brackett v. Ridlon, 54 Me. 426.
Absolute and conditional. A fee simple absolute is an estate which is limited absolute­ly to a man and his heirs and assigns forever, without any limitation or condition. Frisby v. Ballance, 7 111. 144. At the common law, an estate in fee simple conditional was a fee limit­ed or restrained to some particular heirs, ex­clusive of others. But the statute "De Donis" converted all such estates into estates tail. 2 Bl. Comm. 110.
FEE-TAIL. An estate tail; an estate of inheritance given to a man and the heirs of his body, or limited to certain classes of par­ticular heirs. It corresponds to the feudum talliatum of the feudal law, and the idea is believed to have been borrowed from the Ro­man law, where, by way of fidei commissa, lands might be entailed upon children and freedmen and their descendants, with restric­tions as to alienation. 1 Washb. Real Prop. ?66. For the varieties and special character­istics of this kind of estate, see Tail.
FEED. To lend additional support; to strengthen ex post facto. "The interest when it accrues feeds the estoppel." Christ­mas v. Oliver, 5 Mood. & R. 202.
FEGANGI. In old English law. A thief caught while escaping with the stolen goods in his possession. Spelman.
FEHMGERICHTE. The name given to certain secret tribunals which flourished in Germany from the end of the twelfth cen­tury to the middle of the sixteenth, usurping many of the functions of the governments which were too weak to maintain law and order, and inspiring dread in all who came within their jurisdiction. Enc. Brit. Such a court existed in Westphalia (though with greatly diminished powers) until finally sup­pressed in 1811.
FEIGNED. Fictitious; pretended; sup­posititious; simulated.
—Feigned accomplice. One who pretends to consult and act with others in the planning
or commission of a crime, but only for the pur­pose of discovering their plans and confeder­ates and securing evidence against them. See People v. Bolanger, 71 Cal. 17, 11 Pac. 800.— Feigned action. In practice. An action brought on a pretended right, when the plain­tiff has no true cause of action, for some ille­gal purpose. In a feigned action the words of the writ are true. It differs from false action, in which case the words of the writ are false. Co. Litt 361.—Feigned diseases. Simulated maladies. Diseases are generally feigned from one of three causes,—fear, shame, or the hope of gain.—Feigned issue. An issue made up by the direction of a court of equity, (or by con­sent of parties,) and sent to a common-law court, for the purpose of obtaining the ver­dict of a jury on some disputed matter of fact which the court has not jurisdiction, or is un­willing, to decide. It rests upon a suppositious wager between the parties. See 3 Bl. Comm. 452.
FELAGUS. In Saxon law. One bound for another by oath; a sworn brother. A friend bound in the decennary for the good behavior of another. One who took the place of the deceased. Thus, if a person was mur­dered, the recompense due from the murderer went to the felagus of the slain, in default of parents or lord. Cunningham.
FELD. A field; in composition, wild. Blount
FELE, FEAL. L. Fr. Faithful. See Feal.
FELLATION. See Sodomy.
FELLOW. A companion; ona with whom we consort; one joined with another in some legal status or relation; a member of a col­lege or corporate body.
FELLOW-HEIR. A co-heir; partner of the same inheritance.
FELLOW-SERVANTS. "The decided weight of authority is to the effect that all who serve the same master, work under the same control, derive authority and compen­sation from the same common source, and are engaged in the same general business, though it may be in different grades or departments of it, are fellow-servants, who take the risk of each other's negligence." 2 Thomp. Neg. p. 1026, § 31. And see McAndrews v. Burns, 39 N. J. Law, 119; Justice v. Pennsylvania Co., 130 Ind. 321, 30 N. E. 303; Wright v. New York Cent. R. Co., 25 N. Y. 565; Glover v. Kansas City Bolt Co., 153 Mo. 327, 55 S. W. 88; Brunell v. Southern Pac. Co., 34 Or. 256, 56 Pac. 129; Doughty v. Penobscot Log Driving Co., 76 Me. 146; McMaster v. Ill­inois Cent R. Co., 65 Miss. 264, 4 South. 59, 7 Am. St Rep. 653; Daniels v. Union Pac Ry. Co., 6 Utah, 357, 23 Pac. 762; Weeks v. Scharer, 129 Fed. 335, 64 C. C. A. 11.
FELO DE SE. A felon of himself; a suicide or murderer of himself. One who deliberately and intentionally puts an end to

FELON
489
FEME

his own life, or who commits some unlawful or malicious act which results in his own death. Hale, P. C. 411; 4 Bl. Comm. 189; Life Ass'n v. Waller, 57 Ga. 536.
FELON. One who has committed felony; one convicted of felony.
FELONIA. Felony. The act or offense by which a vassal forfeited his fee. Spel-man; Calvin. Per feloniam, with a criminal Intention. Co. Lltt. 391.
Felonia, ex vi termini significat quod-libet capitale crimen felleo animo per-petratnm. Co. Lltt. 391. Felony, by force of the term, signifies any capital crime per­petrated with a malignant mind.
Felonia implicatnr in qnalibet pro-ditione. <? 3 Inst 15. Felony is Implied In every treason.
FEIiONICE. Feloniously. Anciently an Indispensable word in indictments for felony, and classed by Lord Coke among those voces artis (words of art) which cannot be ex­pressed by any periphrasis or circumlocution. 4 Coke, 39; Co. Iitt 391a; 4 Bl. Comm. 307.
FELONIOUS. Malignant; malicious; done with intent to commit a crime; having the grade or quality of a felony. People v. Moore, 37 Hun (N. Y.) 93; Aikman v. Com., 18 S. W. 938, 13 Ky. Law Rep. 894; State v. Bush, 47 Kan. 201, 27 Pac. 834, 13 L. R. A. 607; Com. v. Barlow, 4 Mass. 440.
—Felonious assault. Such an assault upon the person as, if consummated, would subject the party making it, upon conviction, to the punishment of a felony, that is, to imprison­ment in the penitentiary. Hinkle v. State. 94 6a. 595, 21 S. E. 595.—Felonious homicide. In criminal law. The offense of killing a hu­man creature, of any age or sex, without justifi­cation or excuse. There are two degrees of this offense, manslaughter and murder. 4 Bl. Comm. 188, 190; 4 Steph. Comm. 108, 111; State v. Symmes, 40 S. C. 383, 19 S. E. 16; Connor v. Com., 76 Ky. 718; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137.
FELONIOUSLY. With a felonious In­tent; with the intention of committing a crime. An indispensable word in modern Indictments for felony, as felonice was in the Latin forms. 4 Bl. Comm. 307; State v. Jesse, 19 N. C. 300; State v. Smith, 31 Wash. 245, 71 Pac. 767; State v. Halpin, 16 S. D. 170, 91 N. W. 605; People v. Willett, 102 N. Y. 251, 6 N. E. 301; State v. Watson, 41 La. Ann. 598, 7 South. 125; State v. Bryan, 112 N. C. 848, 16 S. E. 909.
FELONY. In English law. This term meant originally the state of having forfeited lands and goods to the crown upon convic­tion for certain offenses, and then, by transi­tion, any offense upon conviction for which such forfeiture followed, in addition to any other punishment prescribed by law; as dis-
tinguished from a "misdemeanor," upon con­viction for which no forfeiture followed. All Indictable offenses are either felonies or mis­demeanors, but a material part of the dis­tinction Is taken away by St 33 & 34 Vict c. 23, which abolishes forfeiture for felony. Wharton.
In American law. The term has no very definite or precise meaning, except in some cases where it is defined by statute. For the most part, the state laws, in describing any particular offense, declare whether or not it shall be considered a felony. Apart from this, the word seems merely to imply a crime of a graver or more atrocious nature than those designated as "misdemeanors." U. S. v. Coppersmith (C. C) 4 Fed. 205; Bannon v. U. S., 156 U. S. 464, 15 Sup. Ct. 467, 39 L. Ed. 494; Mitchell v. State, 42 Ohio St 386; State v. Lincoln, 49 N. H. 469.
The statutes or codes of several of the states define felony as any public offense on conviction of which the offender is liable to be sentenced to death or to imprisonment in a penitentiary or state prison. Pub. St Mass. 1882, p. 1290; Code Ala. 1886, § 3701; Code Ga. 1882, § 3404; 34 Ohio St. 301; 1 Wis. 188; 2 Rev.. St. N. Y. p. 587, § 30; People v. Van Steenburgh, 1 Parker, Cr. R. (N. Y.) 39.
In feudal law. An act or offense on the part of the vassal, which cost him his fee, or in consequence of which his fee fell into the hands of his lord; that is, became for­feited. (See Felonia.) Perfidy, ingratitude, or disloyallty to a lord.
—Felony act. The statute 33 & 34 Vict. c. 23, abolishing forfeitures for felony, and sanc­tioning the appointment of interim curators and administrators of the property of felons. Moz-ley & Whitley; 4 Steph. Comm. 10, 459 — Felony, compounding of. See Compound­ing Felony.—Misprision of felony. See Misprision.
FEMALE. The sex which conceives and gives birth to young. Also a member of such sex. The term is generic, but may have the specific meaning of "woman," if so in­dicated by the context. State v. Hemm, 82 Iowa, 609, 48 N. W. 971.
FEME. L. Fr. A woman. In the phrase "baron et feme" (g. v.) the word has the sense of "wife."
—Feme covert. A married woman. Gener­ally used in reference to the legal disabilities of a married woman, as compared with the condition of a feme sole. Hoker v. Boggs, 63 111. 161 —Feme sole. A single woman, in­cluding those who have been married, but whose marriage has been dissolved by death or di­vorce, and, for most purposes, those women who are judicially separated from their husbands. Mozley & Whitley ; 2 Steph. Comm. 250. Kirk-ley v. Lacey, 7 Houst. (Del.) 213, 30 Atl. 994. -Feme sole trader. In English law. A married woman, who, by the custom of London, trades on her own accou.it, independently of her husband; so called because, with respect to her trading, she is the same as a feme sole. Jacob; Cro. Car. 68. The term is applied al-

FEMICIDE 490 FEODUM SIMPLEX
•© to women deserted by their husbands, who do business as femes sole. Rhea v. Rhenner, 1 Pet. 105, 7 L. Ed. 72.
FEMICIDE. The killing of a woman. Wharton.
FENATIO. In forest law. The fawn­ing of deer; the fawning season. Spelman.
FENCE, v. In old Scotch law. To de­fend or protect by formalities. To "fence a court" was to open it in due form, and inter­dict all manner of persons from disturbing their proceedings. This was called "fenc­ing," q. d., defending or protecting the court.
FENCE, n. A hedge, structure, or par­tition, erected for the purpose of inclosing a piece of land, or to divide a piece of land into distinct portions, or to separate two contiguous estates. See Kimball v. Carter, 95 Va. 77, 27 S. E. 823, 38 L. R, A. 570; Estes v. Railroad Co., 63 Me. 309; Allen v. Tobias, 77 111. 171.
FENCE-MONTH, or DEFENSE-MONTH. In old English law. A period of time, occurring In the middle of summer, during which it was unlawful to hunt deer In the forest, that being their fawning season. Probably so called because the deer were then defended from pursuit or hunting. Manwood; Cowell.
FENERATION. Usury; the gain of in­terest; the practice of increasing money by lending.
FENGEIiD. In Saxon law. A tax or Imposition, exacted for the repelling of en­emies.
FENIAN. A champion, hero, giant. This word, in the plural, is generally used to signify invaders or foreign spoilers. The modern meaning of "fenian" is a member of an organization of persons of Irish birth, resident in the United States, Canada, and elsewhere, having for its aim the overthrow of English rule in Ireland. Webster, (Supp.)
FEOD. The same as feud or fief.
FEODAIj. Belonging to a fee or feud; feudal. More commonly used by the old writers than feudal.
FEODAL SYSTEM. See Feudal Sys­tem.
FEODALITT. Fidelity or fealty. Cow­ell. See Fealtt.
FEODARTTM CONSUETUDINES. The
customs of feuds. The name of a compilation of feudal laws and customs made at Milan In the twelfth century. It is the most ancient work on the subject, and was always regard-
ed, on the continent of Europe, as possess­ing the highest authority.
FEODARY. An officer of the court of wards, appointed by the master of that court, under 32 Hen. VIII. c. 26, whose business it was to be present with the escheator in every county at the finding of offices of lands, and to give evidence for the king, as well con­cerning the value as the tenure; and hia office was also to survey the land of the ward, after the office found, and to rate it. He also assigned the king's widows their dower; and received all the rents, etc Abol­ished by 12 Car. II. c. 24. Wharton.
FEODATORY. In feudal law. The grantee of a feod, feud, or fee; the vassal or tenant who held his estate by feudal service. Termes de la Ley. Blackstone uses "feuda­tory." 2 Bl. Comm. 46.
FEODI FIRMA. In old English law. Fee-farm, (q. v.)
FEODI FIRMARIUS. The lessee of a fee-farm.
FEODUM. This word (meaning a feud or fee) Is the one most commonly used by the older English law-writers, though its equiva­lent, "feudum," is used- generally by the more modern writers and by the feudal law-writers. Litt. § 1; Spelman. There were various classes of feoda, among which may be enumerated the following: Feodum lai-cum, a lay fee. Feodum militare, a knight's fee. Feodum improprium, an improper or derivative fee. Feodum proprium, a proper and original fee, regulated by the strict rules of feudal succession and tenure. Feodum simplex, a simple or pure fee; fee-simple. Feodum talliatum, a fee-tail. See 2 Bl. Comm. 58, 62; Litt. §§ 1, 13; Bract f ol. 175; Glan. 13, 23.
In old English law. A seigniory or ju­risdiction. Fleta, lib. 2, c. 63, § 4.
A fee; a perquisite or compensation for a service. Fleta, lib. 2, c. 7.
—Feodum antiquum. A feud which devolv­ed upon a vassal from his intestate ancestor. —Feodum nobile. A fief for which the tenant did guard and owed homage. Spelman.—Feo­dum novum. A feud acquired by a vassal himself.
Feodum est quod quis tenet ex qua-cunque causa sive sit tenementum sive reditus. Co. Litt 1. A fee is that which any one holds from whatever cause, whether tenement or rent.
Feodum simplex quia feodum idem est quod hsereditas, et simplex idem est quod legitimnm vel purum; et sic feodum sim­plex idem est quod lisereditas legitima vel hsereditas pura. Litt § 1. A fee-simple, so called because fee is the same as Inherit­ance, and simple is the same as lawful or

FEODUM TALLIATUM 491
FERLINGUS

pure; and thus fee-simple is the same as a lawful inheritance, or pure inheritance.
Feodum talliat-um, 1. e., hsereditas in qnandam certitudinem limitata. Litt. § 13. Fee-tail, i. e., an inheritance limited in a definite descent.
FEOFF AMENTUM. A feoffment 2 BL Comm. 310.
FEOFF ABE. To enfeoff; to bestow a fee. The bestower was called "feoffator," and the grantee or feoffee, "feoffatus."
FEOFFATOR. In old English law. A feoffer; one who gives or bestows a fee; one who makes a feoffment Bract fols. 126, 81.
FEOFFATUS. In old English law. A feoffee; one to whom a fee is give*n, or a feoffment made. Bract fols. 176, 446.
FEOFFEE. He to whom a fee is conveyed. Litt. 6 1; 2 Bl. Comm. 20.
—Feoffee to uses. A person to whom land was conveyed for the use of a third party. The latter was called "cestui que use."
FEOFFMENT. The gift of any corpo­real hereditament to another, (2 Bl. Comm. 310), operating by transmutation of posses­sion, and requiring, as essential to its com­pletion, that the seisen be passed, (Watk. Conv. 183), which might be accomplished either by investiture or by livery of seisin. 1 Washb. Real Prop. 33. See Thatcher v. Omans, 3 Pick. (Mass.) 532; French v. French, 3 N. H. 260; Perry v. Price, 1 Mo. 554; Orndoff v. Turman, 2 Leigh (Va.) 233, 21 Am. Dec. 608.
Also the deel or conveyance by which such corporeal hereditament is passed.
A feoffment originally meant the grant of a feud or fee; that is, a barony or knight's fee, for which certain services were due from the feoffee to the feoffor. This was the proper sense of the word; but by custom it came aft­erwards to signify also a grant (with livery of seisin) of a free inheritance to a man, and his heirs, referring rather to the perpetuity of the estate than to the feudal tenure. 1 Reeve, Bng. Law, 90, 91. It was for ages the only method (in ordinary use) for conveying the freehold of land in possession, but has now fallen in great measure into disuse, even in England, having been almost entirely supplanted by some of that class of conveyances founded on the statute law of the realm. 1 Steph. Comm. 467, 468.
—Feoffment to uses. A feoffment of lands to one person to the use of another.
FEOFFOR. The person making a feoff­ment, or enfeoffing another in fee. 2 Bl. Comm. 310; Litt. §§ 1, 57.
FEOH. This Saxon word meant originally cattle, and thence property or money, and, by a second transition, wages, reward, or <ee. It was probably the original form from which the words "feod," "feudum," "fief," "feu," and "fee" (all meaning a feudal grant of land) have been derived.
FEONATIO. In forest law. The fawn­ing season of deer.
FEORME. A certain portion of the prod­uce of the land due by the grantee to the lord according to the terms of the charter. Spel. Feuds, c. 7.
FERiE BKSTXa:. Wild beasts.
FERiE NATURiE. Lat Of a wild na­ture or disposition. Animals which are by nature wild are so designated, by way of distinction from such as are naturally tame, the latter being called "domitce naturce." Fleet v. Hegeman, 14 Wend. (N. Y.) 43; State v. Taylor, 27 N. J. Law, 119, 72 Am. Dec 347; Gillet v. Mason, 7 Johns. (N. Y.) 17.
FERCOSTA. Ital. A kind of small ves­sel or boat Mentioned in old Scotch law, and called "fercost." Skene.
FERDELLA TERRiE. A fardel-land; ten acres; or perhaps a yard-land. Cowell.
FERDFARE. Sax. A summons to serve in the army. An acquittance from going into the army. Fleta, lib. 1, c. 47, § 23.
FERDINGUS. A term denoting, appar­ently, a freeman of the lowest class, being named after the cotseti.
FERDWITE. In Saxon law. An acquit­tance of manslaughter committed in the army; also a fine imposed on persons for not going forth on a military expedition. Cow­ell.
FERIA. In old English law. A week­day ; a holiday; a day on which process could not be served; a fair; a ferry. Cowell; Du Cange; Spelman.
FERL2E. In Roman law. Holidays; gen­erally speaking, days or seasons during which free-born Romans suspended their po­litical transactions and their lawsuits, and during which slaves enjoyed a cessation from labor, all ferics were thus dies nefasti. All fericB were divided into two classes,—"feria publicw" and "ferice privatas," The latter were only observed by single families or in­dividuals, in commemoration of some partic­ular event which had been of importance to them or their ancestors. Smith, Diet Antiq.
FERIAL DAYS. Holidays; also week­days, as distinguished from Sunday. Cowell.
FERFTA. In old European law. A wound; a stroke. Spelman.
FERLING. In old records. The fourth part of a penny; also the quarter of a ward in a borough.
FERLINGATA. A fourth part of a yard-land.
FERLINGUS. A furlong. Co. Litt 56.

FEBM
492
FEU

FEBM, or FEARM. A house or land, or both, let by lease. Cowell.
FERME. A farm; a rent; a lease; a house or land, or both, taken by indenture or lease. Plowd. 195,; Vicat. See Fabm.
FERMENTED LIQUORS. Beverages produced by, or which have undergone, a process of alcoholic fermentation, to which they owe their intoxicating properties, in­cluding beer, wine, hard cider, and the like, but not spirituous or distilled liquors. State t. Lemp, 16 Mo. 391; State v. Biddle, 54 N. H. 383; People v. Foster, 64 Mich. 715, 31 N. W. 596; State v. Gill, 89 Minn. 502, 95 N. W. 449; State v. Adams, 51 N. H. 568.
FERMER, FERMOR. A lessee; a farm­er. One who holds a term, whether of lands or an incorporeal right, such as customs or revenue.
FERMIER. In French law. One who farms any public revenue.
FERMISONA. In old English law. The winter season for killing deer.
FERMORY. In old records. A place in monasteries, where they received the poor, (hospicio excipiebant,) and gave them pro­visions, (ferm, firma.) Spelman. Hence the modern infirmary, used in the sense of a hos­pital.
FERNIGO. In old English law. A waste ground, or place where fern grows. Cowell.
FERRI. In the civil law. To be borne; that is on or about the person. This was dis­tinguished from portari, (to be carried,) which signified to be carried on an animal. Dig. 60, 16, 235.
FERRIAGE. The toll or fare paid for the transportation of persons and property across a ferry.
Laterally speaking, it is the price or fare fix­ed by law for the transportation of the trav­eling public, with such goods and chattels as they may have with them, across a river, bay, or lake. People v. San Francisco & A. R. Co., 35 Cal. 606.
FERRIFODINA. In old pleading. An iron mine. Townsh. PI. 273.
FERRTTM. Iron. In old English law. A horse-shoe. Ferrura, shoeing of horses.
FERRY. A liberty to have a boat upon a river for the transportation of men, horses, and carriages with their contents, for a rea­sonable toll. The term is also used to desig­nate the place where such liberty is exer­cised. See New York v. Starin, 8 N. Y. St Rep. 655; Broadnax v. Baker, 94* N. C. 681, 55 Am, Rep. 633; Einstman v. Black, 14 I1L
App. 381; Chapelle v. Wells, 4 Mart (La. N. S.) 426.
"Ferry" properly means a place of transit across a river or arm of the sea; but in law it is treated as a franchise, and defined as the exclusive right to carry passengers across a river, or arm of the sea, from one vill to an­other, or to connect a continuous line of road leading from one township or vill to another. It is not a servitude or easement. It is wholly unconnected with the ownership or occupation of land, so much so that the owner of the ferry need not have any property in the soil adjacent on either side. (12 C. B., N. S., 32.) Brown.
—Public and private. A public ferry is one to which all the public have the right to resort, for which a regular fare is established, and the ferryman is a common carrier, bound to take over all who apply, and bound to keep his ferry in operation and good repair. Hudspeth v. Hal], 111 Ga. 510, 36 S. E. 770; Broadnax y. Baker, 94 N. C. 681, 55 Am. Rep. 633. A pri­vate ferry is one mainly for the use of the own­er, and though he may take pay for ferriage, he does not follow it as a business. His ferry is not open to the public at its demand, and he may or may not keep it in operation. Huds­peth v. Hall, supra.—Terry franchise. The public grant of a right to maintain a ferry at a particular place; a right conferred to land at a particular point and secure toll «for the transportation of persons and property from that point across the stream. Mills v. St. Clair County, 7 111. 208.—Ferryman. One employed in taking persons across a river or other stream, in boats or other contrivances, at a ferry. State v. Clarke, 2 McCord (S. C.) 48, 13 Am. Dec. 701.
FESTA IN CAPFIS. In old English law. Grand holidays, on which choirs wore caps. Jacob.
Festinatio jus titles est noverca infor-tnnii. Hob. 97. Hasty justice is the step­mother of misfortune.
FESTING-MAN. In old English law. A frank-pledge, or one who was surety for the good behavior of another. Monasteries enjoyed the privilege of being "free from festing-men," which means that they were "not bound for any man's forthcoming who should transgress the law." Cowell. See
FB ANK - PliED GE.
FESTING-PENNY. Earnest given to servants when hired or retained. The same as arles-penny. Cowell.
FESTINUM REMEDIUM. Lat A
speedy remedy. The writ of assise was thus characterized (in comparison with the less expeditious remedies previously available) by the statute of Westminster 2, (13 Edw. I. c. 24.)
FESTUM. A feast or festival. Festum stultorum, the feast of fools.
FETTERS. Chains or shackles for the feet; irons used to secure the legs of con­victs, unruly prisoners, etc Similar chains securing the wrists are called "handcuffs."
FEU. In Scotch law. A holding or tenure where the vassal, in place of military serv-

FEU 4
Ice, makes his return in grain or money. Distinguished from "wardholding," which is the military tenure of the country. Bell.
—Feu annuals. The reddendo, or annual re­turn from the vassal to a superior in a feu hold­ing.—Feu holding. A holding by tenure of rendering grain or money in place of military service. Bell.—Feuar. The tenant of a feu; a. feu-vassal. Bell.
FEU ET LIEU. Fr. In old French and Canadian law. Hearth and home. A term Importing actual settlement upon land by a tenant.
FEUD. In feudal law. An estate in land held of a superior on condition of ren­dering him services. 2 Bl. Comm. 105.
An inheritable right to the use and occu­pation of lands, held on condition of render­ing services to the lord or proprietor, who himself retains the property in the lands. See Spel. Feuds, c. 1.
In this sense the word is the same as "feod," "feodum," "feudum," "fief," or "fee."
In Saxon and old German law. An en­mity, or species of private war, existing be­tween the family of a murdered man and the family of his slayer; a combination of the former to take vengeance upon the latter. See Deadly Feud; Faida.
—Military feuds. The genuine or original feuds which were in the hands of military men, who performed military duty for their tenures.
FEUDA. Feuds or fees.
FEUDAL. Pertaining to feuds or fees; relating to or growing out of the feudal sys­tem or feudal law; having the quality of a feud, as distinguished from "allodial."
—Feudal actions. An ancient name for real actions, or such as concern real property only. 3 Bl. Comm. 117.—Feudal law. The body of jurisprudence relating to feuds; the real-prop­erty law of the feudal system; the law ancient­ly regulating the property relations of lord and vassal, and the creation, incidents, and trans­mission of feudal estates. The body of laws and usages constituting the "feudal law" was orig­inally customary and unwritten, but a compila­tion was made in the twelfth century, called "Feodarum Consuetudines," which has formed the basis of later digests. The feudal law pre­vailed over Europe from the twelfth to the four­teenth, century, and was introduced into Eng­land at the Norman Conquest, where it formed the entire basis of the law of real property un­til comparatively modern times. Survivals of the feudal law, to the present day, so affect and color that branch of jurisprudence as to re­quire a certain knowledge of the feudal law in order to the perfect comprehension of modern tenures and rules of real-property law.—Feudal possession. The equivalent of "seisin" under the feudal system.—Feudal system. The sys­tem of feuds. A political and social system which prevailed throughout Europe during the eleventh, twelfth, and thirteenth centuries, and is supposed to have grown out of the peculiar usages and policy of the Teutonic nations who overran the continent after the fall of the West­ern Roman Empire, as developed by the ex­igencies of their military domination, and possi­bly furthered by notions taken from the Roman jurisprudence. It was introduced into England,
3 FEUDUM
in its completeness, by William I., A. D. 1085, though it may have existed in a rudimentary form among the Saxons before the Conquest It formed the entire basis of the real-property law of England in medieval times; and surviv­als of the system, in modern days, so modify and color that branch of jurisprudence, both in England and America, that many of its princi­ples require for their complete understanding a knowledge of the feudal System. The feudal system originated in the relations of a military chieftain and his followers, or king and nobles, or lord and vassals, and especially their rela­tions as determined by the bond established by a grant of land from the former to the latter. From this it grew into a complete and intricate complex of rules for the tenure "and transmis­sion of real estate, and of correlated duties and services; while, by tying men -to the land and to those holding above and below them, it creat­ed a close-knit hierarchy of persons, and de­veloped an aggregate of social and political in­stitutions. For an account of the feudal sys­tem in its juristic relations, see 2 Bl. Comm. 44; 1 Steph. Comm. 160; 3 Kent, Comm. 487; Spel. Feuds; Litt. Ten.; Sull. Lect.; Spence, Eq. Jur.; 1 Washb. Real Prop. 15; Dalr. Feu. Prop. For its political and social relations, see Hall. Middle Ages; Maine, Anc. Law; Rob. Car. V.; Montesq. Esprit des Lois, bk. 30; Guizot, Hist. Civilization.—Feudal tenures. The tenures of real estate under the feudal sys­tem, such as knight-service, socage, villenage, etc.
FEUDALISM. The feudal system; the aggregate of feudal principles and usages.
FEUDALIZE. To reduce to a feudal ten­ure; to conform to feudalism. Webster.
FEUDARY. A tenant who holds by feu­dal tenure, (also spelled "feodatory" and "feudatory.") Held by feudal service. Re­lating to feuds or feudal tenures.
FEUDBOTE. A recompense for engaging in a feud, and the damages consequent, it having been the custom in ancient times for all the kindred to engage in their kinsman's quarrel. Jacob.
FEUDE. An occasional early form of "feud" in the sense of private war or ven­geance. Termes de la Ley. See Feud.
FEUDIST. A writer on feuds, as Cuja-cius, Spelman, etc.
FEUDO. In Spanish law. Feud or fee. White, New Recop. b. 2, tit 2, c. 2.
FEUDUM. L. Lat A feud, fief, or fee. A' right of using and enjoying forever the lands of another, which the lord grants on condition that the tenant shall render fealty, military duty, and other services. Spelman.
—Feudum antiquum. An ancient feud or fief; a fief descended to the vassal from his an­cestors. 2 Bl. Comm. 212, 221. A fief which ancestors had possessed for more than four gen­erations. Spelman; Priest v. Cummings, 20 Wend. (N. Y.) 349.—Feudum apertum. An open feud or fief; a fief resulting back to the lord, where the blood of the person last seised was utterly extinct and gone. 2 Bl. Comm. 245. —Feudum 'francum. A free feud. One which was noble and fre« from talliage and oth-

FEUDUM
494
FICTION

er subsidies to which the pleieia feuda (vulgar feuds) were subject. Spelman.—Feudum nau-bertioum. A fee held on the military service of appearing fully armed at the ban and arriere Ian. Spelman.—Feudum improprium. An improper or derivative feud or fief. 2^ Bl. Comm. 58.—Feudum individuum. An indi­visible or impartible feud or fief; descendible to the eldest son alone. 2 Bl. Comm. 215.— Feudum ligium. A liege feud or fief; a fief held immediately of the sovereign; one for which the vassal owed fealty to his lord against all persons. 1 Bl. Comm. 367; Spelman.— Feudum materaum. A maternal fief; a fief descended to the feudatory from his mother. 2 Bl. Comm. 212.—Feudum mobile. A fee for which the tenant did guard and owed fealty and homage. Spelman.—Feudum novum. A new feud or fief; a fief which began in the person of the feudatory, and did not come to him by succession. Spelman; 2 Bl. Comm. 212; Priest v. Cummings, 20 Wend. (N. Y.) 349.—Feudum novum ut antiquum. A new fee held with the qualities and incidents of an ancient one. 2 Bl. Comm. 212.—Feudum paternum. A fee which the paternal ancestors had held for four generations. Calvin. One descendible to heirs on the paternal side only. 2 Bl. Comm. 223. One which might be held by males only. Du Cange.—Feudum propxium. A proper, genu­ine, and original feud or fief; being of a purely military character, and held by military service. 2 Bl. Comm. 57, 58.—Feudum talliatum. A restricted fee. One limited to descend to cer­tain classes of heirs. 2 Bl. Comm. 112, note; 1 Washb. Real Prop. 66.
FEW. An * indefinite expression for a small or limited number. In cases where exact description is required, the use of this word will not answer. Butts v. Stowe, 53 Vt. 603; Allen v. Kirwan, 159 Pa. 612, 28 Atl. 495; Wheelock v. Noonan, 108 N. Y. 179, 15 N. B. 67, 2 Am. St. Rep. 405.
FF. A Latin abbreviation for "Frag-menta," designating the Digest or Pandects in the Corpus Juris Civilis of Justinian; so called because that work is made up of frag­ments or extracts from the writings of nu­merous jurists. Mackeld. Rom. Law, § 74.
FI. FA. An abbreviation for fieri facias, (which see.)
FIANCER. L. Fr. To pledge one's faith. Kelham.
FIANZA. Sp. In Spanish law, trust, con­fidence, and correlatively a legal duty or ob­ligation arising therefrom. The term is suffi­ciently broad in meaning to include both a general obligation and a restricted liability under a single instrument Martinez v. Run-kle, 57 N. J. Law, 111, 30 Atl. 593. But in a special sense, it designates a surety or guarantor, or the contract or engagement of suretyship.
FIAR. In Scotch law. He that has the fee or feu. The proprietor is termed "fiar," in contradistinction to the life-renter. 1 Karnes, Eq. Pref. One whose property is charged with a life-rent.
FIARS PRICES. The value of grain in the different counties of Scotland, fixed year-
ly by the respective sheriffs, in the month of February, with the assistance of juries. These regulate the prices of grain stipulated to be sold at the fiar prices, or when no price has been stipulated. Brsk. 1, 4, 6.
FIAT. (Lat "Let it.be done.") In Eng­lish practice. A short order or warrant of a judge or magistrate directing some act to be done; an authority issuing from some competent source for the doing of some legal act.
One of the proceedings in the English bankrupt practice, being a power, signed by the lord chancellor, addressed to the court of bankruptcy, authorizing the petitioning cred­itor to prosecute his complaint before it. 2 Steph. Comm. 199. By the statute 12 & 13 Vict. c. 116> flats were abolished.
—Fiat justitia. Let justice be done. On a petition to the king for his warrant to bring a writ of error in parliament, he writes on the top of the petition, "Ftat justitia," and then the writ of error is made out, etc Jacob.—Fiat ut petitur. Let it be done as it is asked. A form of granting a petition.—Joint fiat. In English law. A fiat in bankruptcy, issued against two or more trading partners.
Fiat justitia, mat coelum. Let right be done, though the heavens should fall.
Fiat prout fieri consuevit, (nil temere novandum.) Let it be done as it hath used to be done, (nothing must be rashly innovat­ed.) Jenk. Cent 116, case 39 ; Branch, Princ.
FICTIO. In Roman law. A fiction; an assumption or supposition of the law.
"Fictio" in the old Roman law was properly a term of pleading, and signified a false aver­ment on the part of the plaintiff which the de­fendant was not allowed to traverse; as that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of the fiction was to give the court jurisdiction. Maine, Anc. Law, 25.
Fictio cedit veritati. Fietio juris son est ubi Veritas. Fiction yields to truth. Where there is truth, fiction of law exists not
Fictio est contra veritatem, sed pro veritate habetur. Fiction is against the truth, but it is to be esteemed truth.
Fictio juris non est ubi Veritas. Where truth is, fiction of law does not exist
Fictio legis inique operator alicui dam­num vel injuriam. A legal fiction does not properly work loss or injury. 3 Coke, 36; Broom, Max. 129.
Fictio legis neminem lsedit. A fiction of law injures no one. 2 Rolle, 502; 3 Bl. Comm. 43; Low v. Little, 17 Johns. (N. Y.) 348.
FICTION. An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists

FICTION
495
FIDES SERVANDA

which has never really taken place. New Hampshire Strafford Bank v. Cornell, 2 N. H. 324; Hibberd v. Smith, 67 Cal. 547, 4 Pac. 473, 56 Am. Rep. 726.
A fiction is a rule of law which assumes as true, and will not allow to be disproved, something which is false, but not impossible. Best, Bv. 419.
These assumptions are of an innocent or even beneficial character, and are made for the ad­vancement of the ends of justice. They secure this end chiefly by the extension of procedure from cases to which it is applicable to other cases to which it is not strictly applicable, the ground of inapplicability being some difference of an immaterial character. Brown.
Fictions are to be distinguished from pre­sumptions of law. By the former, something known to be false or unreal is assumed as true; by the latter, an inference is set up, which may be and probably is true, but which, at any rate, the law will not permit to be controverted.
Mr. Best distinguishes legal fictions from pre­sumptions juris et de jure, and divides them- in­to three kinds,—affirmative or positive fictions, negative fictions, and fictions by relation. Best, Pres. p. 27, § 24.
FICTITIOUS. Founded on a fiction; hav­ing the character of a fiction; false, feigned, or pretended.
—Fictitious action. An action brought for the sole purpose of obtaining the opinion of the court on a point of law, not for the settlement of any actual controversy between the parties. Smith v. Junction Ry. Co., 29 Ind. 551.—Ficti­tious name. A counterfeit, feigned, or pre­tended name taken by a person, differing in some essential particular from his true name, (consisting of Christian name and patronymic,) with the implication that it is meant to deceive or mislead. But a fictitious name may be usod so long or under such circumstances as to be­come an "assumed" name, in which case it may become a proper designation of the individual for ordinary business and legal purposes. See Pollard v. Fidelity F. Ins. Co., 1 S. D. 570, 47 N. W. 1060; Carlock v. Cagnacci, 88 Cal. 600, 26 Pac. 597.—Fictitious plaintiff. A person appearing in the writ or record as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and of the use of his name in it. It is a contempt of court to sue in the name of a fictitious party. See 4 Bl. Comm. 134.
FIDE-COMMISSARY. A term derived from the Latin "fidei-commissarius" and oc­casionally used by writers on equity juris­prudence as a substitute for the law French term "cestui que trust," as being more ele­gant and euphonious. See Brown v. Brown, 83 Hun, 160, 31 N. Y. Supp. 650.
FIDEI-COMMISSARIUS. In the civil law this term corresponds nearly to our "ces­tui que trust." It designates a person who has the real or beneficial interest in an estate or fund, the title or administration of which is temporarily confided to another.- See Story, Eq. Jur. § 966.
FIDEI-COMMISSUM. In the civil law. A species of trust; being a gift of property
(usually by will) to a person, accompanied by a request or direction of the donor that the recipient will transfer the property to an­other, the latter being a person not capable of taking directly under the will or gift. See Succession of Meunier, 52 La. Ann. 79, 26 South. 776, 48 L. R. A. 77; Gortario v. Cantu, 7 Tex. 44.
FIDE-JUBERE. In the civil law. To order a thing upon one's faith; to pledge one's self; to become surety for another. Fide-jubest Fide-jubeo: Do you pledge your­self? I do pledge myself. Inst. 3, 16, 1. One of the forms of stipulation.
FIDE-JUSSOR. In Roman law. A guar­antor; one who becomes responsible for the payment of another's debt, by a stipulation which binds him to discharge it if the prin­cipal debtor fails to do so. Mackeld. Rom. Law, § 452; 3 Bl. Comm. 108.
The sureties taken on the arrest of a de­fendant, in the court of admiralty, were for­merly denominated "fide jussors." 3 Bl. Comm. 108.
FIDE-FROMISSOR. See Fide-Jussob.
FIDELITAS. Lat. Fealty, («. v.)
Fidelitas. De nullo tenemento, quod tenetur ad terminum, fit homagii; fit tamen inde fidelitatis sacramentum. Co.
Litt 676. Fealty. For no tenement which is held for a term is there the oath of hom­age, but there is the oath of fealty.
FIDELITY INSURANCE. See Insur­ance.
FIDEM MENTIRI. Lat To betray faith or fealty. A term used in feudal and old English law of a feudatory or feudal tenant who does not keep that fealty which he has sworn to the lord. Leg. Hen. I. c. 53.
FIDES. Lat. Faith; honesty; confi­dence ; trust; veracity; honor. Occurring in the phrases "bona fides," (good faith,) "mala fides," (bad faith,) and "uberrima fides," (the utmost or most abundant good faith.)
Fides est obligatio conscientise alicu-jus ad intentionem alterius. Bacon. A trust is an obligation of conscience of one to the will of another.
Fides servanda est. Faith must be ob­served. An agent must not violate the confi­dence reposed in him. Story, Ag. § 192.
Fides servanda est; simplicitas juris gentium prsevaleat. Faith must be kept; the simplicity of the law of nations must pre­vail. A rule applied to bills of exchange as a sort of sacred instruments. 3 Burrows, 1672; Story, Bills, § 15.

FIDUCIA
496 FIERDING COURTS

FXDTJCIA. In Roman law. An early form of mortgage or pledge, in which both the title and possession of the property were passed to the creditor by a formal act of sale, (properly with the solemnities of the trans­action known as mancipatio,) there being at the same time an express or implied agree­ment on the part of the creditor to reconvey the property by a similar act of sale provided the debt was duly paid; but on default of payment, the property became absolutely vested in the creditor without foreclosure and without any right of redemption. In course of time, this form of security gave place to that known as hypotheca, while the contemporary contract of pignus or pawn un­derwent a corresponding development. See Mackeld. Rom. Law, § 334; Tomk. & J. Mod. Rom. Law, 182; Hadley, Rom. Law, 201-203; Pothier, Pand. tit "Fiducia."
FIDUCIAL. An adjective having the same meaning as "fiduciary;" as, in the phrase "public or fiducial office." Ky. St. § 3752; Moss v. Rowlett, 112 Ky. 121, 65 S. W. 153.
FIDUCIARIUS TUTOR. In Roman law. The elder brother of an emancipated pupil-lus, whose father had died leaving him still under fourteen years of age.
FZDUOIARY. The term is derived from the Roman law, and means (as a noun) a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and can­dor which it requires. Thus, a person is a fiduciary who is invested with rights and powers to be exercised for the benefit of an­other person. Svanoe v. Jurgens, 144 111. 507, 33 N. E. 955; Stoll v. King, 8 How. Prac. (N. Y.) 299.
As, an adjective it means of the nature of a trust; having the characteristics of a trust; analogous to a trust; relating to or founded upon a trust or confidence.
—Fiduciary capacity. One is said to act in a "fiduciary capacity" or to receive money or contract a debt in a "fiduciary capacity," when the business which he transacts, or the money or property which he handles, is not his own or for his own benefit, but for the benefit of an­other person, as to whom he stands in a rela­tion implying and necessitating great confidence and trust on the one part and a high degree of good faith on the other part The term is not restricted to technical or express trusts, but includes also such offices or relations as those of an attorney at law, a guardian, executor, or broker, a director of a corporation, and a pub­lic officer. See Schudder v. Shiells, 17 How. Prac. (N. T.) 420; Roberts v. Prosser, 53 N. Y. 260; Heffren v. Jayne, 39 Ind. 465, 13 Am. Rep. 281; Flanagan v. Pearson, 42 Tex. 1, 19 Am. Rep. 40; Clark v. Pinckney, 50 Barb. (N. Y.) 226; Chapman v. Forsyth, 2 How. 202,-11 L. Ed. 236; Forker v. Brown, 10 Misc. Rep. 161, 30 N. Y. Supp. 827; Madison Tp. v. Dun-kle, 114 Ind. 262, 16 N. E. 593.—Fiduciary contract. An agreement by which a person delivers a thing to another on the condition
that he will restore it to him.—Fiduciary re­lation. A relation subsisting between two per­sons in regard to a business, contract, or piece of property, or in regard to the general business or estate of one of them, of such a character that each must repose trust and confidence in the other and must exercise a corresponding de­gree of fairness and good faith. Out of such a relation, the law raises the rule that neither party may exert influence or pressure upon the other, take selfish advantage of his trust, or deal with the subject-matter of the trust in such a way as to benefit himself or prejudice the other except in the exercise of the utmost good faith and with the full knowledge and consent of that other, business shrewdness, hard bar­gaining, and astuteness to take advantage of the forgetfulness or negligence of another being totally prohibited as between persons standing in such a relation to each other. Examples of fiduciary relations are those existing between attorney and client, guardian and ward, prin­cipal and agent, executor and heir, trustee and cestui que trust, landlord and tenant, etc. See Robins v. Hope, 57 Cal. 497; Thomas v. Whit­ney, 186 111. 225, 57 N. E. 808; Central Nat Bank v Connecticut Mut. L. Ins. Co., 104 U. S. 68, 26 L. Ed. 693; Meyer v. Reimer, 65 Kan. 822, 70 Pac. 869; Studybaker v. Cofield, 159 Mo. 596, 61 S. W. 246.
FIEF. A fee, feod, or feud.
FIEF D'HAUBERT. Fr. In Norman feudal law. A fief or fee held by the tenure of knight-service; a knight's fee. 2 Bl. Comm. 62.
FIEF-TENANT. In old English law. The holder of a fief or fee; a feeholder or freeholder.
FIEL. In Spanish law. A sequestrator; a'person in whose hands-a thing in dispute is judicially deposited; a receiver. Las Par-tidas, pt. 3, tit. 9, 1. 1.
FIELD. This term might well be con­sidered as definite and certain a description as "close," and might be used in law*; but it is not a usual description in legal proceed­ings. 1 Chit Gen. Pr. 160.
FIELD-ALE. An ancient custom in Eng­land, by which officers of the forest and bailiffs of hundreds had the right to compel the hundred to furnish them with ale. Tom-lins.
FIELD REEVE. An oflicer elected, in England, by the owners of a regulated pas­ture to keep in order the fences, ditches, etc., on the land, to regulate the times during which animals are to be admitted to the pasture, and generally to maintain and man­age the pasture subject to the instructions of the owners. (General Inclosure Act 1845, i 118.) Sweet
FIELDAD. In Spanish law. Sequestra­tion. This is allowed in six cases by the Spanish law where the title to property is In dispute. Las Partidas, pt 3, tit. 3, 1. 1.
FIERDING COURTS. Ancient Gothic courts of an inferior jurisdiction, so called

FIERI
497
FILIATION

because four were instituted within every Inferior district or hundred. 3 Bl. Comm. 34.
FIERI. Lat To be made; to be done. See In Fieei.
FIERI FACIAS. (That you cause to be made.) In practice. A writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the judgment debtor.
—Fieri facias de bonis ecclesiasticis.
When a sheriff to a common fi. fa. returns nulla bona, and that the defendant >is a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis, addressed to the bishop of the diocese or to the archbishop, (during the vacancy of the bishop's see,) com­manding him to make of the ecclesiastical goods and chattels belonging to the defendant within his diocese the sum therein mentioned. 2 Chit. Archb. Pr. (12th Ed.) 1062.—Fieri facias de bonis testatoris. The writ issued on an or­dinary judgment against an executor when sued for a debt due by his testator. If the sheriff returns to this writ nulla bona, and a devas­tavit, (q. v.,) the plaintiff may sue out a fieri facias de bonis propriis, under which the goods of the executor himself are seized. Sweet.
FIERI FECI. (I have caused to be made.) In practice. The name given to the return made by a sheriff or other officer to a writ of fieri facias, where he has collected the whole, or a part, of the sum directed to be levied. 2 Tidd, Pr. 1018. The return, as actually made, is expressed by the word •'Satisfied" indorsed on the writ.
Fieri non debet, (deb-nit,) sed factum valet. It ought not to be done, but [if] done, it is valid. Shep. Touch. 6; 5 Coke, 39; T. Raym. 58; 1 Strange, 526. A maxim frequently applied in practice. Nichols v. Ketcham, 19 Johns. (N. Y.) 84, 92.
FIFTEENTHS. In English law. This was originally a tax or tribute, levied at in­tervals by act of parliament, consisting of one-fifteenth of all the movable property of the subject or personalty in every city, town­ship, and borough. Under Edward III., the taxable property was assessed, and the value of its fifteenth part (then about £29,000) was recorded in the exchequer, whence the tax, levied on that valuation, continued to be called a "fifteenth," although, as the wealth of the kingdom increased, the name ceased to be an accurate designation of the propor­tion of the tax to the value taxed. See 1 Bl. Comm. 309.
FIGHT. An encounter, with blows or other personal violence, between two persons. See State v. Gladden, 73 N. C. 155; Carpen­ter v. People, 31 Colo. 284, 72 Pac. 1072; Coles v. New York Casualty Co., 87 App. Div. 41, 83 N. Y. Supp. 1063.
FIGHTWITE. Sax. A mulct or fine for making a quarrel to the disturbance of the peace. Called also by Cowell "forisfactura Bl.Law Dict.(2d Ed.)—32
pugnce." The amount was one hundred and twenty shillings. Cowell.
FIX ACER. An officer of the superior courts at Westminster, whose duty it was to file the writs on which he made process. There were fourteen filacers, and it was their duty to make out all original process. Cow­ell; Blount. The office was abolished in 1837.
FII<ARE. In old English practice. To file. Townsh. PL 67.
FIXE, n. A thread, string, or wire upon which _ writs and other exhibits in courts and offices are fastened or filed for the more safe-keeping and ready turning to the same. Spelman ; Cowell; Tomlins. Papers put to­gether and tied in bundles. A paper is said also to be filed when it is delivered to the proper officer, and by him received to be kept on file. 13 Vin. Abr. 211; 1 Litt. 113; 1 Hawk. P. C. 7, 207; Phillips v. Beene, 38 Ala. 251; Holman v. Chevaillier, 14 Tex. 338; Beebe v. Morrell, 76 Mich. 114, 42 N. W. 1119, 15 Am. St. Rep. 288. But, in general, "file," or "the files," is used loosely to denote the official custody of the court or the place in the offices of a court where the records and papers are kept.
FIXE, v. In practice. To put upon the files, or deposit in the custody or among the records of a court.
"Filing a bill" in equity is an equivalent expression to "commencing a suit."
"To file" a paper, on the part of a party, is to place it in the official custody of the clerk. "To file," on the part of the clerk, is to indorse upon the paper the date of its reception, and retain it in his office, subject to inspection by whomsoever it may concern. Holman v. Chevaillier, 14 Tex. 339.
The expressions "filing" and "entering of rec­ord" are not synonymous. They are nowhere so used, but always convey distinct ideas. "Fil­ing" originally signified placing papers in order on a thread or wire for safe-keeping. In this country and at this day it means, agreeably to our practice, depositing them in due order in the proper office. Entering of record uniform­ly implies writing. Naylor v. Moody, 2 Blackf. (Ind.) 247.
FIIiEINJAID. Brit. A name giv.en to villeins in the laws of Hoel Dda. Barring. Obs. St. 302.
FILIATE. To fix a bastard child on some one, as its father. To declare whose child it is. 2 W. BL 1017.
Filiatio non potest probari. Co. Litt. 126. Filiation cannot be proved.
FILIATION. The relation of a child to its parent; correlative to "paternity."
The judicial assignment of an illegitimate child to a designated man as its father.
In the civil law. The descent of son or daughter, with regard to his or her father, mother, and their ancestors.

FILICETUM 4
FILICETUM. In old English law. A ferny or bracky ground; a place where fern grows. Co. Litt. 46; Shep. Touch. 95.
FILIOLT7S. In old records. A godson, Spelman.
FILIUS. Lat. A son; a child.
A distinction was sometimes made, in the civil law, between "filii" and "liberif' the lat­ter word including grandchildren, {nepotes,) the former not. Inst. 1, 14, 5. But, according to Paulus and Julianus, they were of equally ex­tensive import. Dig. 50, 16, 84; Id. 50, 16, 201.
—Filius f amilias. In the civil law. The son of a family; an unemancipated son. Inst. 2, 12, pr.; Id. 4, 5, 2; Story, Confl. Laws, § 61. —Filins mulieratug. In old English law. The eldest legitimate son of a woman, who pre­viously had an illegitimate son by his father. Glanv. lib. 7, <*. 1. Otherwise called "mAilier.*1 2 Bl. Comm. 248.—Filing nulling. The son of nobody; i. e., a bastard.—Filing popnli. A son of the people; a natural child.
Filing egt nomea naturae, ged hseres nomen juris. 1 Sid. 193. Son is a name of nature, but heir is a name of law.
Filing in ntero matris egt pars visce-rnm matrig. 7 Coke, 8. A son In the
mother's womb is part of the mother's vitals.
FILL. To make full; to complete; to sat­isfy or fulfill; to possess and perform the duties of.
The election of a person to an office consti­tutes the essence of his appointment; but the office cannot be considered as actually filled un­til his acceptance, either express or implied. Johnston v. Wilson, 2 N. H. 202, 9 Am. Dec. 50.
Where one subscribes for shares in a corpo­ration, agreeing to "take and fill" a certain number of shares, assumpsit will lie against him to recover an assessment on his shares; the word "fill," in this connection, amounting to a promise to pay assessments. Bangor Bridge Co. v. McMahon, 10 Me. 47&
To fiU a prescription is to furnish, prepare, and combine the requisite materials in due pro­portion as prescribed. Ray v. Burbank, 61 Ga. 505, 34 Am. Rep. 103.
FILLY. A young mare; a female colt. An indictment charging the theft of a "filly" Is not sustained by proof of the larceny of a "mare." Lunsford v. State, 1 Tex. App. 448, 28 Am. Rep. 414.
FILUM. Lat. In old practice. A file; 4. e., a thread or wire on which papers were strung, that being the ancient method of filing.
An Imaginary thread or line passing through the middle of a stream or road, as in the following phrases:
—Filum aquae. A thread of water; a line of water; the middle line of a stream/of water, supposed to divide it into two equal parts, and constituting in many cases the boundary be­tween the riparian proprietors on each side. Ingraham v. Wilkinson, 4 Pick. (Mass.) 273, 16 Am. Dec. 342.—Filum forestse. The border of the forest. 2 Bl. Comm. 419; 4 Inst. 303. —Filum vise. The thread or middle line of a
3 FINANCES
road. An imaginary line drawn through the middle of a road, and constituting the boundary between the owners of the land on each side. 2 Smith, Lead. Cas. (Am. Ed.) 98, note.
FIN. Fr. An end, or limit; a limitation, or period of limitation.
FIN DE NON RECEVOIR. In French law. An exception or plea founded on law, which, without entering into the merits of the action, shows that the plaintiff has no right to bring it, either because the time dur­ing which it ought to have been brought has elapsed, which is called "prescription," or that there has been a compromise, accord and satisfaction, or any other cause which has destroyed the right of action which once sub­sisted. Poth. Proc. Civile, pt 1, c 2, 5 2, art. 2.
FINAL. Definitive; terminating; com­pleted ; last. In its use in jurisprudence, this word is generally contrasted with "interlocu­tory." Johnson v. New York, 48 Hun, 620, 1 N. Y. Supp. 254; Garrison v. Dougherty, 18 S. C. 488; Rondeau v. Beaumette, 4 Minn. 224 (Gil. 163); Blanding v. Sayles, 23 R. L 226, 49 Atl. 992.
—Final decision. One from which no appeal or writ of error can be taken. Railway Co. t. Gillespie, 158 Ind. 454, 63 N. E. 845; Bland­ing v. Sayles, 23 R. I. 226, 49 Atl. 992.—Final disposition. When it is said to be essential to the validity of an award that it should make a "final disposition" of the matters embraced in the submission, this term means such a dis­position that nothing further remains to fix the rights and obligations of the parties, and no further controversy or litigation is required or can arise on the matter. It is such an award that the party against whom it is made can perform or pay it without any further ascer­tainment of rights or duties. Colcord v. Fletch­er, 50 Me. 401.—Final hearing. This term designates the trial of an equity case upon the merits, as distinguished from the hearing of any preliminary questions arising in the cause, which are termed "interlocutory. Smith v. W. U. Tel. Co. (C. C.) 81 Fed. 243; Akerly y. Vilas, 24 Wis. 171, 1 Am. Rep. 166; Galpin t. Critchlow, 112 Mass. 343, 17 Am. Rep. 176.— Final passage. In parliamentary law. The final passage of a bill is the vote on its passage in either house of the legislature, after_ it has received the prescribed number of readings on as many different days in that house. State v. Buckley, 54 Ala. 613.
As to final "Costs," "Decree," "Judgment," "Injunction," "Order," "Process," "Recov­ery," "Sentence," and "Settlement," see those titles.
FINALTS CONCORDIA. A final or con­clusive agreement. In the process of "levying a fine," this was a final agreement entered by the litigating parties upon the record, by permission of court, settling the title to the land, and which was binding upon them like any judgment of the court. 1 Washb. Real Prop. *70.
FINANCES. The public wealth of a state or government, considered either statically

FINANCIER
499
FINE

(as the property or money which a state now owns) or dynamically, (as its income, revenue, or public resources.) Also the revenue or wealth of an Individual.
FINANCIER. A person employed in the economical management and application of public money; one skilled in the manage­ment of financial affairs.
FIND. To discover; to determine; to as­certain and declare. To announce a conclu­sion, as the result of judicial investigation, upon a disputed fact or state of facts; as a jury are said to "find a will." To determine a controversy in favor of one of the parties ; as a jury "find for the plaintiff." State v. Bulkeley, 61 Conn. 287, 23 Atl. 186, 14 L. R. A. 657; Weeks v. Trask, 81 Me. 127, 16 Atl. 413, 2 L. R. A. 532; Southern Bell Tel., etc^ Co. v. Watts, 66 Fed. 460, 13 C. C A. 579.
FINDER. One who discovers and takes possession of another's personal property, which was then lost. Kincaid v. Eaton, 98 Mass. 139, 93 Am. Dec. 142.
A searcher employed to discover goods im­ported or exported without paying custom. Jacob.
FINDING. A decision upon a question of fact reached as the result of a judicial ex­amination or investigation by a court, jury, referee, coroner, etc. Williams v. Giblin, 86 Wis. 648, 57 N. W. 1111; Rhodes v. United States Bank, 66 Fed. 514, 13 C. C. A. 612, 34 L. R. A. 742.
—Finding of fact. A determination of a fact by the court, such fact being averred by one party and denied by the other, and the deter­mination being based on the evidence in the case; also the answer of the jury to a specif­ic interrogatory propounded to them as to the existence or non-existence of a fact in issue. Miles v. McCallan, 1 Ariz. 491, 3 Pac. 610; Murphy v. Bennett, 68 Cal. 528, 9 Pac. 738; Morbey v. Railway Co., 116 Iowa, 84, 89 N. W. 105.—General and special findings. Where issues of fact in a case are submitted to the court by consent of parties to be tried with­out a jury, the "finding" is the decision of the court as to the disputed facts, and it may be either general or special, the former being a general statement that the facts are in favor of such a party or entitle him to judgment, the latter being a specific setting forth of the ulti­mate facts established by the evidence and which are determinative of the judgment which must be given. See Rhodes v. United States Nat. Bank, 66 Fed. 514, 13 C. C. A. 612, 34 Ia R. A. 742; Searcy County v. Thompson. 66 Fed. 94. 13 C. C. A. 349: Humphreys v. Third Nat. Bank, 75 Fed. 856, 21 C. C. A. 538.
FINE, v. To impose a pecuniary punish­ment or mulct To sentence a person con­victed of an offense to pay a penalty in money. Goodman v. Durant B. & L. Ass'n, 71 Miss. 310, 14 South. 146; State v. Belle, 92 Iowa, 258, 60 N. W. 525.
FINE, n. In conveyancing. An amica­ble composition or agreement of a suit, either actual or fictitious, by leave of the court, by
which the lands in question become, or are acknowledged to foe, the right of one of the parties. 2 Bl. Comm. 349; Christy v. Burch, 25 Fla. 942, 2 South. 258; First Nat. Bank v. Roberts, 9 Mont. 323, 23 Pac. 718; Hitz t. Jenks, 123 U. S. 297, 8 Sup. Ct. 143, 31 L. Ed. 156; McGregor v. Comstock, 17 N. Y. 166. Fines were abolished in England by St. 3 & 4 Wm. IV. c. 74, substituting a disen­tailing deed, (q. v.)
The party who parted with the land, by acknowledging the right of the other, was said to levy the fine, and was called the "cog-nizor" or "conusor," while the party who re­covered or received the estate was termed the "cognizee" or "conusee," and the fine was said to be levied to him.
In the law of tenure. A fine is a mon­ey payment made by a feudal tenant to his lord. The most usual fine is that payable on the admittance of a new tenant, but there are also due in some manors fines upon aliena­tion, on a license to demise the lands, or on the death of the lord, or other events. El­ton, Copyh. 159; De Peyster v. Michael, 6 N. Y. 495, 57 Am. Dec. 470.
—Executed fine, see .Executed.—Fine and recovery act. The English statutes 3 & 4 Wm. IV. c. 74, for abolishing fines and recov? eries. 1 Steph. Comm. 514, et seq.—Fine for alienation. A fine anciently payable upon the alienation of a feudal estate and substitu­tion of a new tenant. It was payable to the lord by all tenants holding by knight's service or tenants in oapite by socage tenure. Abolish­ed by 12 Car. II. c. 24. See 2 Bl. Comm. 71, 89.—Fine for endowment. A fine anciently payable to the lord by the widow of a tenant, without which she could not be endowed of her husband's lands. Abolished under Henry I., and by Magna Charta. 2 Bl. Comm. 135; Moz-ley & Whitley.—Fine snr cognizance de droit come ceo que il ad de son done. A fine upon acknowledgment of the right of the cognizee as that which he hath of the gift of the cognizor. By this the deforciant acknowl­edged in court a former foeffment or gift in possession to have been made by him to the plaintiff. 2 Bl. Comm. 352.—Fine sur cog­nizance de droit tan turn. A fine upon ac­knowledgment of the right merely, and not with the circumstance of a preceding gift from the cognizor. This was commonly used to pass a reversionary interest which was in the cognizor, of which there could be no foeffment supposed. 2 Bl. Comm. 353; 1 Steph. Comm. 519.—Fine ?nr concessit. A fine upon concessit, (he hath granted.) A species of fine, where the cognizor, in order to make an end of disputes, though he acknowledged no precedent right, yet granted to the cognizee an estate de novo, usually for life or years, by way of supposed composition. 2 Bl. Comm. 353; 1 Steph. Comm. 519.—Fine snr done grant et render. A double fine, comprehending the fine sur cognizance de droit come ceo and the fine sur concessit. It might be used to convey particular limitations of es­tates, whereas the fine sur cognisance de droit come ceo, etc., conveyed nothing but an abso­lute estate, either of inheritance, or at least free­hold. In this last species of fines, the cognizee, after the right was acknowledged to be in him, granted back again or rendered to the cognizor, or perhaps to a stranger, some other estate in the premises. 2 Bl. Comm. 353.
In criminal law. Pecuniary punishment imposed by a lawful tribunal upon a person

PINE
500
FIRE

convicted of crime or misdemeanor. Lan­caster v. Richardson, 4 Lans. <N. Y.) 140; State v. Belle, 92 Iowa, 258, 60 N. W. 525; State v. Ostwalt, 118 N. C. 1208, 24 S. E. 660, 32 L. R. A. 396.
It means, among other things, "a sum of mon­ey paid at the end, to make an end of a trans­action, suit, or prosecution ; mulct; penalty." In ordinary legal language, however, it means a sum of money imposed by a court according to law, as a punishment for the breach of some penal statute. Railroad Co. v. State, 22 Kan. 15.
It is not confined to a pecuniary punishment of an offense, inflicted by a court in the exercise of criminal jurisdiction. It has other meanings, and may include a forfeiture, or a penalty re­coverable by eivil action. Hanscomb v. Russell, 11 Gray (Mass.) 373.
—Joint fine. In old English law. "If a whole vill is to be fined, a joint fine may be laid, and it will be good for the necessity of it; but, in other cases, fines for offenses are to be severally imposed on each particular of­fender, and not jointly upon all of them." Ja­cob.
FINE ANULLANDO LEVATO DB TENEMENTO QUOD FTJIT DE ANTIQ-VO DOMINICO. An abolished writ for dis­annulling a fine levied of lands in ancient demesne to the prejudice of the lo'rd. Reg. Orig. 15.
FINE CAPIENDO PRO TERRIS. An
obsolete writ which lay for a person who, upon conviction by jury, had his lands and goods taken, and his body imprisoned, to be remitted his imprisonment, and have his lands and goods redelivered to him, on ob­taining favor of a sum of money, etc. Reg. Orig. 142.
FINE NON CAPIENDO PRO PUL-CHRE PIiACITANDO. An obsolete writ to inhibit officers of courts to take fines for fair pleading.
FINE PRO REDISSEISINA CAPIEN­DO. An old writ that lay for the release of one imprisoned for a redisseisin, on pay­ment of a reasonable fine. Reg. Orig. 222.
FINE-FORCE. An absolute necessity or Inevitable constraint. Plowd. 94; 6 Coke, 11; Cowell.
FINEM FACERE. To make or pay a fine. Bract. 106.
FINES US ROY. In old English law. The king's fines. Fines formerly payable to the king for any contempt or offense, as where one committed any trespass, or false­ly denied his own deed, or did anything in contempt of law. Termes de la Ley.
FINIRE. In old English law. To fine, or pay a fine. Cowell. To end or finish a matter.
FINIS. Lat An end; a fine; a boundary or terminus; a limit. Also in L. Lat., a toe (g. v.)
Finis est amicabilis compositio et finalis concordia ex conoensu et Concor­dia domini regis vel jnsticiarnm. Glan. lib. 8, c. 1. A fine is an amicable settlement and decisive agreement by consent and agree­ment of our lord, the king, or his justices.
Finis finexn litibus imponit. A fina puts an end to litigation. 3 Inst 78.
Finis rei attendendns est. 3 Inst. 51. The end of a thing is to be attended to.
Finis unius diei est principium alteri-TLs. 2 Bulst. 305. The end of one day Is the beginning of another.
FINITIO. An ending; death, as the end of life. Blount; Cowell.
FINIUM REGUNDORTJM ACTIO. In
the civil law. Action for regulating bound­aries. The name of an action which lay be­tween those who had lands bordering on each other, to settle disputed boundaries. Mackeld. Rom. Law, § 499.
FINORS. Those that purify gold and silver, and part them toy fire and water from coarser metals; and therefore, In the statute of 4 Hen. VII. c. 2, they are also called "parters." Termes de la Ley.
FIRDFARE. Sax. In old English law. A summoning forth to a military expedition, (indictio ad profectionem militarem.) Spel-man.
FIRDIRINGA. Sax. A preparation to go into the army. Leg. Hen. I.
FIRDSOCNE. Sax. In old English law. Exemption from military service. Spelman.
FIRDWITE. In old English law. A fine for refusing military service, (mulcta detreo-tantis militiam.) Spelman.
A fine imposed for murder committed In the army; an acquittance of such fine. Fle-ta, lib. 1, c. 47.
FIRE. The effect of combustion. The juridical meaning of the word does not differ from the vernacular. 1 Pars. Mar. Law, 231, et seq.
—Fire and sword, letters of. In old Scotch law. Letters issued from the privy council in Scotland, addressed to the sheriff of the coun­ty, authorizing him to call for the assistance of the county to dispossess a tenant retaining possession, contrary to the order of a judge or the sentence of a court. Wharton.—Fire­arms. This word comprises all sorts of guns, fowling-pieces, blunderbusses, pistols, etc. Har­ris v. Cameron, 81 Wis. 239, 51 N. W. 437, 29 Am. St. Rep. 891; Atwood v. State, 53 Ala. 509; Whitney Arms Co. v. Barlow, 38 N. Y. Super. Ct. 563.—-Firebare. A beacon or high tower by the seaside, wherein are continual lights, either to direct sailors in the night, or to give warning of the approach of an enemy. Cowell.—Fire>-bote. An allowance of wood or estovers to maintain competent firing for th« tenant. A sufficient allowance of wood to bum

FIRE
501
FIRST

in a house. 1 Washb. Real Prop. 99.—Fire district. One of the districts into which a city may be (and commonly is) divided for the purpose of more efficient service by the fire de­partment in the extinction of fires. Des Moines v. Gilchrist, 67 Iowa, 210, 25 N. W. 136.—Fire insurance. See Insurance.—Fire ordeal. See Ordeal.—Fire policy. A policy of fire insurance. See Insurance.—Fire-proof. To say of any article that it is "fire-proof" con­veys no other idea than that the material out of which it is formed is incombustible. To say of a building that it is fire-proof excludes the idea that it is of wood, and necessarily implies that it is of some substance fitted for the erec­tion of fire-proof buildings. To say of a cer­tain portion of a building that it is fire-proof suggests a comparison between that portion and other parts of the building not so characterized, and warrants the conclusion that it is of a dif­ferent material. Hickey v. Morrell, 102 N. Y. 459, 7 N. E. 321, 55 Am. Rep. 824.—Fire­wood. Wood suitable for fuel, not including standing or felled timber which is suitable and valuable for other purposes. Hogan v. Hogan, 102 Mich. 641, 61 N. W. 73.
FIRIiOT. A Scotch measure of capacity, containing two gallons and a pint. Spelman.
FIRM. A partnership; the group of per­sons constituting a partnership. The name or title under which the members of a part­nership transact business.—People v. Strauss, 97 111. App. 55; Boyd v. Thompson, 153 Pa. 82, 25 Atl. 769, 34 Am. St. Rep. 685; Me-Cosker v. Banks, 84 Md. 292, 35 Atl. 935.
FIRMA. In old English law. The con­tract of lease or letting; also the rent (or farm) reserved upon a lease of lands, which was frequently payable in provisions, but sometimes in money, in which latter case it was called "alba firma," white rent A mes­suage, with the house and garden belonging thereto. Also provision for the table; a ban­quet; a tribute towards the entertainment of the king for one night.
—Firma feodi. In old English law. A farm or lease of a fee; a fee-farm.
FIRMAN. A Turkish word denoting a decree or grant of privileges, or passport to a traveler.
FIRMARATIO. The right of a tenant to his lands and tenements. Cowell.
FIRMARIUM. In old records. A place In monasteries, and elsewhere, where the poor were received and*supplied with food. Spelman. Hence the word "infirmary."
FIRMARIUS. L. Lat. A fermor. A lessee of a term. Firmarii comprehend all such as hold by lease for life or lives or for year, by deed or without deed. 2 Inst 144, 145; 1 Washb. Real Prop. 107.
FIRMATIO. The doe season. Also a supplying with food. Cowell.
FTRME. In old records. A farm.
Firmior et potentior est operatio le-gis quam dispositio hominis. The opera­tion of the law is firmer and more powerful [or efficacious] than the disposition of man. Co. Litt 102a.
FERMITAS. In old English law. < An as­surance of some privilege, by deed or char­ter.
FIRMLY. A statement that an affiant "firmly believes" the contents of the affida­vit imports a strong or high degree of be­lief, and is equivalent to saying that he "verily" believes it. Bradley v. Eccles, 1 Browne (Pa.) 258; Thompson v. White, 4 Serg. & R, (Pa.) 137. The operative words in a bond or recognizance, that the obligor is held and "firmly bound," are equivalent to an acknowledgment of indebtedness and promise to pay. Shattuck v. People, 5 I1L 477.
FIRMURA. In old English law. Liber­ty to scour and repair a mill-dam, and carry away the soil, etc. Blount.
FIRST. Initial; leading; chief; preced­ing all others of the same kind or class in sequence, (numerical or chronological;) en­titled to priority or preference above others. Redman v. Railroad Co., 33 N. J. Eq. 165; Thompson v. Grand Gulf R. & B. Co., 3 How. (Miss.) 247, 34 Am. Dec. 81; Hapgood v. Brown, 102 Mass. 452.
—First devisee. The person to whom the es­tate is first given by the will, the term "next devisee" referring to the person to whom the renfainder is given. Young v. Robinson, 5 N. J. Law, 689; Wilcox v. Hey wood, 12 R, I. 198. —First fruits. In English ecclesiastical law. The first year's whole profits of every benefice or spiritual living, anciently paid by the incum­bent to the pope, but afterwards transferred to the fund called "Queen Anne's Bounty," for in­creasing the revenue from poor livings. In feudal law. One year's profits of land which belonged to the king on the death of a tenant in capite; otherwise called "primer seisin." One of the incidents to the old feudal tenures. 2 Bl. Comm. 66, -67.—First heir. The person who will be first entitled to succeed to the title to an estate after the termination of a life es­tate or estate for years. Winter v. Perratt, 5 Barn. & C. 48.—First impression. A case is said to be "of the first impression" when it pre­sents an entirely novel question of law for the decision of the court, and cannot be governed by any existing precedent.—First purchaser. In the law of descent, this term signifies the an­cestor who first acquired (in any other manner than by inheritance) the estate which still re­mains in his family or descendants. Blair v. Adams (C. C.) 59 Fed. 247.—First of ex­change. Where a set of bills of exchange is drawn in duplicate or triplicate, for greater safety in their transmission, all being of the same tenor, and the intention being that the ac­ceptance and payment of any one of them (the first to arrive safely) shall cancel the others of the set, they are called individually the "first of exchange," "second of exchange," etc. See Bank of Pittsburgh v. Neal, 22 How. 96, 110, 16 L. Ed. 323.
As to first "Cousin," "Distress," "Lien," and "Mortgage," see those titles.

FIRST-CLASS i
FIRST-CLASS. Of the most superior or excellent grade or kind; belonging to the head or chief or numerically precedent of several classes into which the general sub­ject is divided.
—First-class mail-matter. In the postal laws. All mailable matter containing writing and all else that is sealed against inspection. —First-class misdemeanant. In English law. Under the prisons act (28 & 29 Vict. c. 126, § 67) prisoners in the county, city, and borough prisons convicted of misdemeanor, and not sentenced to hard labor, are divided into two classes, one of which is called the "first division;" and it is in the discretion of the court to order that such a prisoner be treated as a misdemeanant of the first division, usually called "first-class misdemeanant," and as such not to be deemed a criminal prisoner, t. e., a prisoner convicted of a crime. Bouvier.—First-class title. A marketable title, shown by a clean record, or at least not depending on pre­sumptions that must be overcome or facts that are uncertain. Vought v. Williams, 120 N. Y. 253, 24 N. E. 195, 8 L. R, A. 591, 17 Am. St. Rep. 634.
FISC. An Anglicized form of the Latin "fiscus," (which see.)
FISCAL. Belonging to the fisc, or pub­lic treasury. Relating to accounts or the management of revenue.
—Fiscal agent. This term does not necessari­ly mean depositary of the public funds, so as, by the simple use of it in a statute, without any directions in this respect, to make it the duty of the state treasurer to deposit with him any moneys in the treasury. State v. Dubuclet, 27 La. Ann. 29.—Fiscal officers. Those charged with the collection and distribution of public money, as, the money of a state, county, or municipal corporation. Rev. St. Mo. 1899, § 5333 (Ann. St. 1906, p. 2776).—Fiscal judge. A public officer named in the laws of the Rip-uarians and some other Germanic peoples, ap­parently the same as the "Graf," "reeve," "comes," or "count," and so called because charged with the collection of public revenues, either directly or by the imposition of fines. See Spelman, voc. "Grafio."—Fiscal year. In the administration of a state or govern­ment or of a corporation, the fiscal year is a period of twelve months (not necessarily concur­rent with the calendar year) with reference to which its appropriations are made and expen­ditures authorized, and at the end of which its accounts are made up and the books balanced. See Moose v. State, 49 Ark. 499, 5 S. W. 885.
FISCUS. In Roman law. The treas­ury of the prince or emperor, as distinguished from "cerarium," which was the treasury of the state. Spelman.
The treasury or property of the state, as distinguished from the private property of the sovereign.
In English law. The king's treasury, as the repository of forfeited property.
The treasury of a noble, or of any private person. Spelman.
FISH. An animal which inhabits the wa­ter, breathes by means of gills, swims by the aid of fins, and is oviparous.
—Fish, commissioner. A public officer of the United States, created by act of congress of
2 FISSURE VEIN
February 9, 1871, whose duties principally con­cern the preservation and increase throughoul the country of fish suitable for food. Rev. St. § 4395 (U. S. Comp. St. 1901, p. 3001).—Fisl royal. These were the whale and the sturgeon, which, when thrown ashore or caught near th< coast of England, became the property of th« king by virtue of his prerogative and in recom­pense for his protecting the shore from pirates and robbers. Brown; 1 Bl. Comm. 290. Ar­nold v. Mundy, 6 N. J. Law, 86, 10 Am. Dec 356.
FISHERY. A place prepared for catch­ing fish with nets or hooks. This is com­monly applied to the place of drawing a seine or net Hart v. Hill, 1 Whart. (Pa.) 131, 132.
A right or liberty of taking fish; a species of incorporeal hereditament, anciently term­ed "piscary," of which there are several kinds. 2 Bl. Comm. 34, 39; 3 Kent, Comm. 409-418; Arnold v. Mundy, 6 N. J. Law, 22, 10 Am. Dec. 356; Gould v. James, 6 Cow. (N. Y.) 376; Hart v. Hill, 1 Whart. (Pa.) 124
—Common fishery. A fishing ground where all persons have a right to take fish. Bennett v. Costar, 8 Taunt. 183; Albright v. Pari Com'n, 68 N. J. Law, 523, 53 Atl. 612. Not to be confounded with "common of fishery," as to which see Common, n.—Fishery laws. A series of statutes passed in England for the regulation of fishing, especially to prevent th« destruction of fish during the breeding season, and of small fish, spawn, etc., and the employ­ment of improper modes of taking fish. 3 Steph. Comm. 165.—Free fishery. A fran­chise in the hands of a subject, existing by grant or prescription, distinct from 'an owner­ship in the soil. It is an exclusive right, and applies to a public navigable river, without any right in the soil. 3 Kent, Comm. 410. Arnold v. Mundy, 6 N. .J. Law, 87, 10 Am. Dec. 356. See Albright v. Sussex County Lake & Park Com'n, 68 N. J. Law, 523, 53 Atl. 612; Brook-haven v. Strong, 60 N. Y. 64.—Right of fish­ery. The general and common right of the cit­izens to take fish from public waters, such aa the sea, great lakes, etc. Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331.-Several fishery. A fishery of which the own­er is also the owner of the soil, or derives his right from the owner of the soil. 2 Bl. Comm. 39, 40; 1 Steph. Comm. 671, note. And see Freary v. Cooke, 14 Mass. 489; Brookhaven v. Strong, 60 N. Y. 64; Holford r. Bailey, 8 Q. B. 1018.
FISHGARTHJ A dam or wear in a river for taking fish. Cowell.
FISHING BILL. A term descriptive of a bill in equity which seeks a discovery up­on general, loose, and vague allegations. Story, Eq. PI. ?§ 325; In re Pacific Ry. Com'n (C. C.) 32 Fed. 263 i Hurricane Tel. Co. v. Mohler, 51 W. Va. 1, 41 S. E. 421; Carroll v. Carroll, 11 Barb. (N. Y.) 298.
FISK. In Scotch law. The ftscus or flsc. The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell.
FISSURE VEIN. In mining law. A vein or lode of mineralized matter filling d pre-existing fissure or crack in the earth'i crust extending across the strata and geo-

FISTUCA
503
FIXTURE

erally extending indefinitely downward. See Crocker v. Manley, 164 111. 282, 45 N. E. 577, 56 Am. St. Rep. 196.
FISTUCA, or FESTUCA. In old Eng­lish law. The rod or wand, by the delivery of which the property in land was formerly transferred in making a feoffment. Called, also, "laculum," "virga," and "fustis." Spel-man.
FISTULA. In the civil law. A pipe for conveying water. Dig. 8, 2, 18.
FIT. In medical jurisprudence. An at­tack or spasm of muscular convulsions, gen­erally attended with loss of self-control and of consciousness; particularly, such attacks occurring in epilepsy. In a more general sense, the period of an acute attack of any disease, physical or mental, as, a fit of in­sanity. See Gunter v. State, 83 Ala. 96, 3 South. 600.
FITZ. A Norman word, meaning "son." It is used in law and genealogy; as Fitzher-tert, the son of Herbert; Fitzjames, the son of James; Fitzroy, the son of the king. It was originally applied to illegitimate chil­dren.
FIVE-MILE ACT. An act of parlia­ment, passed in 1665, against non-conform­ists, whereby ministers of that body were prohibited from coming within five miles of any corporate town, or place where they had preached or lectured. Brown.
FIX. To liquidate or render certain. To fasten a liability upon one. To transform a possible or contingent liability into a pres­ent and definite liability. Zimmerman v. Canfield, 42 Ohio St 468: Polk v. Minne­haha County, 5 Dak. 129, 37 N. W. 93; Ix>-gansport & W. V. Gas. Co. v. Peru (C. C.) 89 Fed. 187.
—Fixed belief or opinion. As ground for rejecting a iuror, this phrase means a settled belief or opinion which would so strongly in­fluence the mind of the juror and his decision in the case that he could not exclude it from his mind and render a verdict solely in accord­ance with the law and the evidence. Bales v. State, 63 Ala. 30; Curley v. Com., 84 Pa. 156; Staup v. Com., 74 Pa. 461.-—Fixed salary. One which is definitely ascertained and prescrib­ed as to amount and time of payment, and does not depend upon the receipt of fees or other con­tingent emoluments; not necessarily a salary which cannot be changed by competent authori­ty. Sharpe v. Robertson, 5 Grat. (Va.) 518; Hedrick v. U. S., 16 Ct. CI. 101.—Fixing bail. In practice. Rendering absolute the liability of special bail.
FIXTURE. 1. A fixture is a personal chattel substantially affixed to the land, but which may afterwards be lawfully removed therefrom by the party affixing it, or his representative, without the consent of the owner of the freehold. Cook v. Whiting, 16 111. 480; Teaff v. Hewitt, 1 Ohio St. 511, 59
Am. Dec. 634; Baker v. Davis, 19 N. H. 333; Capen v. Peckham, 35 Conn. 88; Wblford v. Baxter, 33 Minn. 12, 21 N. W. 744, 53 Am. Rep. 1; Merritt v. Judd, 14 Cal. 64; Adams v. Lee, 31 Mich. 440; Prescott T. Wells, Fargo & Co., 3 Nev. 82.
Personal chattels which have been annexed to land, and which may be afterwards severed and removed by the party who has annexed them, or his personal representative, against the will of the owner of the freehold. Ferard, Fixt 2; Bouvier.
The word "fixtures" has acquired the peculiar meaning of chattels which have been annexed to the freehold, but which are removable at the will of the person who annexed them. Hallen v. R under, 1 Cromp., M. & R. 266.
"Fixtures" does not necessarily import things affixed to the freehold. The word is a modern one, and is generally understood to comprehend any article which a tenant has the power to remove. Sheen v. Rickie, 5 Mees. & W. 174; Rogers v. Gilinger, 30 Pa. 185, 189, 72 Am. Dec. 694.
2. Chattels which, by being physically an­
nexed or affixed to real estate, become a
part of and accessory to the freehold, and
the property of the owner of the land. Hill.
Things fixed or affixed to other things. The rule of law regarding them is that which is expressed in the maxim, "accessio cedit princi-palt," "the accessory goes with, and as part of, the principal subject-matter." Brown.
A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or perma­nently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ. Code Cal. § 660.
3. That which is fixed or attached to some­
thing permanently as an appendage, and not
removable. Webster.
That which is fixed; a piece of furniture fix­ed to a house, as distinguished from movable; something fixed or immovable. Worcester.
The general result seems to be that three views have been taken. One is that "fixture" means something which has been affixed to the realty, so as to become a part of it; it is fixed, irremovable. An opposite view is that "fixture" means something which appears to be a part of the realty, but is not fully so; it is only a chat­tel fixed to it, but removable. An intermediate view is that "fixture" means a chattel annexed, affixed, to the realty, but imports nothing as to whether it is removable; that is to be deter­mined by considering its circumstances and the relation of the parties. Abbott. —Domestic fixtures. All such articles as a tenant attaches to a dwelling house in order to render his occupation more comfortable or con­venient, and which may be separated from it without doing substantial injury, such as fur­naces, stoves, cupboards, shelves, bells, gas fix­tures, or things merely ornamental, as painted wainscots, pier and chimney glasses, although attached to the walls with screws, marble chim­ney pieces, grates, beds nailed to the walls, win­dow blinds and curtains. Wright v. Du Big-non, 114 Ga. 765, 40 S. E. 747, 57 L. R. A. 669.—Trade fixtures. Articles placed in or attached to rented buildings by the tenant, to prosecute the trade or business for which he occupies the premises, or to be used in connec­tion with such business, or promote convenience and efficiency in conducting it. Herkimer Coun­ty L. & P. Co. v. Johnson, 37 App. Div. 257, 55 N. Y. Supp. 924; Brown v. Reno Electric

FLACO
504
FLICHWITE

L. & P. Co. (C. C.) 55 Fed. 231; Security L. & T. Co. v. Willamette, etc., Mfg. Co., 99 Cal. 636, 34 Pac. 321.
FliACO. A place covered with standing water.
FLAG.. A national standard on which are certain emblems; an ensign; a banner. It is carried by soldiers, ships, etc., and com­monly displayed at forts and many other suitable places.
—Flag, duty of the. This was an ancient ceremony in acknowledgment of British sover­eignty over the British seas, by which a foreign vessel struck her flag and lowered her top-sail on meeting the British flag.—Flag of the United States. By the act entitled "An act to establish the flag of the United States," <Rev. St. §§ 1791, 1792 [U. S. Comp. St. 1901, p. 1225],) it is provided "that, from and after the fourth day of July next, the flag of the United States be thirteen horizontal stripes, al­ternate red and white; that the union be twen­ty stars, white in a blue field; that, on the admission of every new state into the Union, one star be added to the union of the flag; and that such addition shall take effect on the fourth day of July then next succeeding such admission."—Law of the flag. See Law.
FLAGELLAT. Whipped; scourged. An entry on old Scotch records. 1 Pitc. Crim. Tr. pt. 1, p. 7.
FLAGRANS. Lat. Burning; raging; in actual perpetration.
—Flagrans bellnm. A war actually going on. —Flagrans crimen. In Roman law. A fresh or recent crime. This term designated a crime in the very act of its commission, or while it was of recent occurrence —Flagrante bello. During an actual state of war.—Flagrante delicto. In the very act of committing the crime. 4 Bl. Comm. 307.
FLAGRANT DELIT. In French law. A crime which is in actual process of per­petration or which has just been committed. Code d'Instr. Crim. art. 41.
FLAGRANT NECESSITY. A case of urgency rendering lawful an otherwise ille­gal act, as an assault to remove a man from impending danger.
FLASH CHECK. A check drawn upon a banker by a person who has no funds at the banker's and knows that such is the case.
FLAT. A place covered with water too shallow for navigation with vessels ordina­rily used- for commercial purposes. The space between high and low water mark along the edge of an arm of the sea, bay, tidal river, etc. Thomas v. Hatch, 23 Fed. Cas. 946; Church v. Meeker, 34 Conn. 424; Jones v. Janney, 8 Watts & S. (Pa.) 443, 42 Am. Dec. 309.
FLAVIANUM JUS. In Roman law. The title of a book containing the forms of actions, published by Cneius Flavius, A. U. C. 449. Mackeld. Rom. Law, § 39. Cal­vin.
ELECTA. A featheied or fleet arrow. Cowell.
FLEDWITE. A discharge or freedom from amercements where one, having been an outlawed fugitive, cometh to the place of our lord of his own accord. Termes de la Ley.
The liberty to hold court and take up the amercements for beating and striking. Cow­ell.
The fine set on a fugitive as the price of obtaining the king's freedom. Spelman.
FLEE FROM JUSTICE. To leave one's home, residence, or known place of abode, or to conceal one's self therein, with intent, in either case, to avoid detection or punish­ment for some public offense. Streep v. U. S., 160 U. S. 128, 16 Sup. Ct. 244, 40 L. Ed. 365; Lay v. State, 42 Ark. 110; U. S. v. O'Brian, 3 Dill. 381, Fed. Cas. No. 15,908; United States v. Smith, 4 Day (Conn.) 125, Fed. Cas. No. 16,332; State v. Washburn, 48 Mo. 241.
FLEE TO THE WALL. A metaphorical expression, used in connection with homi­cide done in self-defense, signifying the ex­haustion of every possible means of escape, or of averting the assault, before killing the assailant.
FLEET. A place where the tide flows; a creek, or inlet of water; a company of ships or navy; a prison in London, (so call­ed from a river or ditch formerly in ita vicinity,) now abolished by 5 & 6 Vict c. 22.
FLEM. In Saxon and old English law. A fugitive bondman or villein. Spelman.
The privilege of having the goods and fines of fugitives.
FLEMENE FRIT, FLEMENES FRINTHE—FLYMENA FRYNTHE. The
reception or relief of a fugitive or outlaw. Jacob.
FLEMESWITE. The possession of the goods of fugitives. Fleta, lib. 1, c 147.
FLET. In Saxon law. Land; a house; home.
FLETA. The name given to an ancient treatise on the laws of England, founded mainly upon the writings of Bracton and Glanville, and supposed to have been written in the time of Edw. I. The author is un­known, but it is surmised that he was a judge or learned lawyer who was at that time confined in the Fleet prison, whence the name of the book.
FLICHWITE. In Saxon law. A fine-on account of brawls and quarrels. Spel­man.

FLIGHT
505
FLUMEN

FLIGHT. In criminal law. The act of one under accusation, who evades the law by voluntarily withdrawing himself. It is presumptive evidence of guilt. U. S. ?. Candler (D. 0.) 65 Fed. 312.
FLOAT. In American land law, espe­cially in the western states. A certificate authorizing the entry, by the holder, of a certain quantity of land not yet specifically selected or located. U. S. t. Central Pac. R. Co. (C. C.) 26 Fed. 480; Hays v. Steiger, 76 Cal. 555, 18 Pac. 670; Wisconsin Cent. % Co. v. Price County, 133 U. S. 496, 10 Sup. Ot 341, 33 L. Ed. 687.
FLOATABLE. Used for floating. A floatable stream is a stream used for floating logs, rafts, etc. Gerrish v. Brown, 51 Me. 260, 81 Am. Dec. 569; Gaston v. Mace, 33 W. Va. 14, 10 S. E. 60, 5 L. R. A. 392, 25 Am. St. Rep. 848; Parker v. Hastings, 123 N. C. 671, 31 S. E. 833.
FLOATING CAPITAL, (or circulating capital.) The capital which is consumed at each operation of production and reappears transformed into new products. At each sale of these products the capital is rep­resented in cash, and it Is from its transfor­mations that profit is derived. Floating cap­ital includes raw materials destined for fab­rication, such as wool and flax, products in the warehouses of manufacturers or mer­chants, such as cloth and linen, and money for wages, and stores. De Laveleye, Pol. Ec.
Capital retained for the purpose of meet­ing current expenditure.
FLOATING DEBT. By this term Is meant that mass of lawful and valid claims against the corporation for the payment of which there is no money in the corporate treasury specifically designed, nor any taxa­tion nor other means of providing money to pay particularly provided. People v. Wood, 71 N. T. 374; City of Huron v. Second Ward Sav. Bank, 86 Fed. 276, 30 C. C. A. 38, 49 L. R. A. 534.
Debt not in the form of bonds or stocks bearing regular interest. Pub. St. Mass. 1882, p. 1290. State v. Faran, 24 Ohio St. 641; People v. Carpenter, 31 App. Div. 603, 62 N. T. Supp. 781.
FLODE-MARK. Flood-mark, high-wa­ter mark. The mark which the sea, at flow­ing water and highest tide, makes on the shore. Blount.
FLOOR. A section of a building between horizontal planes. Lowell v. Strahan, 145 Mass. 1, 12 N. E. 401, 1 Am. St Rep. 422.
A term usee! metaphorically, in parlia­mentary practice, to denote the exclusive right to address the body in session. A "member who has been recognized by the Chairman, and who is in order, is said to *b»ve the floor," until his remarks are con-
cluded. Similarly, the "floor of the house" means the main part of the hall where the members sit, as distinguished from the gal­leries, or from the corridors or lobbies.
In England, the floor of a court is that part between the judge's bench and the front row of counsel. Litigants appearing in per­son, in the high court or court of appeal, are supposed to address the court from the floor.
FLORENTINE PANDECTS. A copy of the Pandects discovered accidentally about the year 1137, at Amalphi, a town in Italy, near Salerno. From Amalphi, the copy found its way to Pisa, and, Pisa having sub­mitted to the Florentines in 1406, the copy was removed in great triumph to Florence. By direction of the magistrates of the town, it was immediately bound in a superb man­ner, and deposited in a costly chest. For­merly, these Pandects were shown only by torch-light, in the presence of two magis­trates, and two Cistercian monks, with their heads uncovered. They have been succes­sively collated by Politian, Bolognini, and Antonius Augustinus. An exact copy of them was published in 1553 by Franciscus Taurellus. For its accuracy and beauty, this edition ranks high among the ornaments of the press. Brenchman, who collated the manuscript about 1710, refers it to the sixth century. Butl. Hor. Jur. 90, 91.
FLORIN. A coin originally made at Florence, now of the value of about two English shillings.
FLOTAGES. 1. Such things as by acci­dent swim on the top of great rivers or the sea. Co well.
2. A commission paid to water bailiffs. Cun. Diet
FLOTSAM, FLOTSAN. A name for the goods which float upon the sea when cast overboard for the safety of the ship, or when a ship is sunk. Distinguished from "Jet­sam" and "ligan." Bract, lib. 2, c. 5; 5 Coke, 106; 1 Bl. Comm. 292.
FLOUD-MARKE. In old English law. High-water mark; flood-mark. 1 And. 88, 89.
FLOWING LANDS. This term has ac­quired a definite and specific meaning in law. It commonly imports raising and set­ting back water on another's land, by a d&m placed across a stream or water-course which is the natural drain and outlet for surplus water on such land. Call v. Middle­sex County Com'rs, 2 Gray (Mass.) 235.
FLUCTUS. Flood; flood-tide. Bract fol. 255.
FLUMEN. In Roman law. A servi­tude which consists in the right to conduct the rain-water, collected from the roof and carried off by the gutters, onto the house or

FLUMEN
506
FOIRFAULT

ground of one's neighbor. Mackeld. Rom. Law, § 317; Ersk. Inst. 2, 9, 9. Also a riv­er or stream. In old English law. Flood; flood-tide.
Flumina et partus publica sunt, ideoque jus piscandi omnibus commune est. Rivers and ports are public. There­fore the right of fishing there is common to all. Day. Ir. K. B. 55; Branch, Princ.
FLUMINiE VOLUCBES. Wild fowl; water-fowl. 11 East, 571, note.
FLUVIUS. I/at. A river; a public riv­er; flood; flood-tide.
FLUXUS. In old English law. Flow. Per fluxum et refluxum maris, by the flow and reflow of the sea. Dal. pi. 10.
FLY FOB IT. On a criminal trial in former times, it was usual after a verdict of not guilty to inquire also, "Did he fly for it?" This practice was abolished by the 7 & 8 Geo. IV., c. 28, § 5. Wharton.
FLYING SWITCH. In railroading, a flying switch is made by uncoupling the cars from the engine while in motion, and throw­ing the cars onto the side track, by turning the switch, after the engine has passed it upon the main track. Greenleaf v. Illinois Cent. R. Co., 29 Iowa, 39, 4 Am. Rep. 181; Baker v. Railroad Co., 122 Mo. 533, 26 S. W. 20.
FLYMA. In old English law. A run­away; fugitive; one escaped from justice, or who has no "hlaford."
FLYMAN-FRYMTH. In old English law. The offense of harboring a fugitive, the penalty attached to which was ohe of the rights of the crown.
FOCAGE. House-bote; fire-bote. Cowell.
FOCALE. In old English law. Fire­wood. The right of taking wood for the fire. Fire-bote. Cunningham.
FODDEB. Food for horses or cattle. In feudal law, the term also denoted a preroga­tive of the prince to be provided with corn, etc., for his horses by his subjects in his wars.
FODEBTOBITJM. Provisions to be paid by custom to the royal purveyors. Cowell.
FODEBUM. See Fodder.
FODINA. A mine. Co. Litt 6a.
FCEDUS. In international law. A trea­ty ; a league; a compact.
FCEMINA VIBO CO-OPEBTA. A mar-ried woman; a feme covert.
Feeminse ab omnibus officiis civilibus vel publicis remotee sunt. Women are excluded from all civil and public charges or offices. Dig. 50, 17, 2; 1 Exch. 645; 6 Mees. & W. 216.
Foeminse non sunt capaces de publicis officiis. Jenk. Cent. 237. Women are not admissible to public offices.
FCENERATION. Lending money at in­terest; the act of putting out money to us-
FCENUS. Lat. Jn the civil law. Interest on money; the lending of money on interest
—Fcenus nauticum. Nautical or maritime interest. An extraordinary rate of interest agreed to be paid for the loan of money on the hazard of a voyage: sometimes called "usura maritvma." Dig. 22, 2; Code, 4, 33; 2 Bl. Comm. 458. The extraordinary rate of inter­est, proportioned to the risk, demanded by a person lending money on a ship, or on "bot­tomry," as it is termed. The agreement for such a rate of interest is also called "fcenua nauticum.'" (2 Bl. Comm. 458; 2 Steph. Comm. 93) Mozley & Whitley.—Fcenus unciarium. Interest of one-twelfth, that is, interest amount­ing annually to one-twelfth of the principal, hence at the rate of eight and one-third per cent, per annum. This was the highest legal rate of interest in the early times of the Roman republic. See Mackeld. Rom. Law, S 382.
FCESA. In old records. Grass; herbage. 2 Mon. Angl. 906&.; Cowell.
FOETICIDE. In medical jurisprudence. Destruction of the foetus; the act by which criminal abortion is produced. 1 Beck, Med. Jur. 288; Guy, Med. Jur. 133.
FCETUBA. In the civil law. The pro­duce of animals, and the fruit of other prop­erty, which are acquired to the owner of such animals and property by virtue of his right Bowyer, Mod. Civil Law, c. 14, p. 81.
FCETTTS. In medical jurisprudence. An unborn child. An infant in ventre $a mere.
FOG. In maritime law. Any atmospheric condition (including not only fog properly so called, but also mist or falling snow) which thickens the air, obstructs the view, and so increases the perils of navigation. Flint A P. M. R. Co. v. Marine Ins. Co. (O. C.) 71 Fed. 210; Dolner v. The Monticello, 7 Fed. Cas. 859.
FOGAGIUM. In old English law. Fog-gage or fog; a kind of rank grass of late growth, and not eaten in summer. Spelman; Cowell.
FOI. In French feudal law. Faith; fealty. Guyot, Inst Feod. c. 2.
FOINESUN. In old English law. The fawning of deer. Spelman.
FOIRFAULT. In old Scotch law. To forfeit 1 How. State Tr. 927.

FOIRTHOCHT
507 FOOT OF THE FINE

FOIRTHOCHT. In old Scotch law. Forethought; premeditated. 1 Pita Crim. Tr. pt. 1, p. 90.
FOITERERS. Vagabonds. Blount.
FOLC-GEMOTE. In Saxon law. A gen­eral assembly of the people in a town or shire. It appears to have had judicial func­tions of a limited nature, and also to have discharged political offices, such as deliberat­ing upon the affairs of the commonwealth or complaining of misgovernment, and probably possessed considerable powers of local self-government. The name was also given to any sort of a popular assembly. See Spel-man; Man wood; Cunningham.
FOLC-IiAND. In Saxon law. Land of the folk or people. Land belonging to the people or the public.
Folc-land was the property of the community. It might be occupied in common, or possessed in severalty; an.fi, in the latter case, it was probably parceled out to individuals in the folc-gemote or court of the district, and the grant sanctioned by the freemen who were there present. But, while it continued to be folc-land, it could not be alienated in perpetuity; and therefore, on the expiration of the term for which it had been granted, it reverted to the community, and was again distributed by the same authority. It was subject to many burdens and exactions from which boc-land was exempt. Wharton.
FOLC-MOTE. A general assembly of the people, under the Saxons. See Folc-Gemote.
FOLC-RIGHT. The common right of all the people. 1 Bl. Comm. 65, 67.
The jus commune, or common law, men­tioned in the laws of King Edward the El­der, declaring the same equal right, law, or justice to be due to persons of all degrees. Wharton.
FOLD-COURSE. In English law. Land to which the sole right of folding the cattle of others is appurtenant. Sometimes it means merely such right of folding. The right of folding on another's land, which is called "common foldage." Co. Litt. 6a, note 1.
FOLD AGE. A privilege possessed in some places by the lord of a manor, which con­sists in the right of haying his tenant's sheep to feed on his fields, so as to manure the land. The name of foldage is also given in parts of Norfolk to the customary fee paid to the lord for exemption at certain times from this duty. Elton, Com. 45, 46.
FOLGARII. Menial servants; followers. Bract.
FOLGERE. In pld English law. A free­man, who has no house or dwelling of his own, but is the follower or retainer of an­other, (heorthfoest,) for whom he performs certain predial services.
FOLIO. 1. A leaf. In the ancient law­books it was the custom to number the leaves, instead of the pages; hence a folio would in­clude both sides of the leaf, or two pages. The references to these books are made by the number of the folio, the letters "a" and MV being added to show which of the two pages is intended; thus "Bracton, fol. 100a."
2.A large size of book, the page being ob­tained by folding the sheet of paper once only in the binding. Many of the ancient law­books are folios.
3.In computing the length of written legal documents, the term "folio" denotes a certain number of words, fixed by statute in some states at one hundred.
The term "folio," when used as a measure for computing fees or compensation, or in any legal proceedings, means one hundred words, counting every figure necessarily used as a word; and any portion of a folio, when in the whole draft or figure there is not a com­plete folio, and when there is any excess over the last folio, shall be computed as a folio. Gen. St. Minn. 1878, c. 4, § 1, par. 4.
FOLK-LAX D; FOLK-MOTE. See
Folc-Land; Folc-Gemote.
FOLLOW. To conform to, comply with, or be fixed or determined by; as in the ex­pressions "costs follow the event of the suit," "the situs of personal property follows that of the owner," "the offspring follows the mother," (partus sequitur ventrem).
FONDS ET BIENS. Fr. In French law. Goods and effects. Adams v. Akerlund, 168 111. 632, 48 N. E. 454.
FONDS PERDUS. In French law. A capital is said to be invested a fonds perdu* when it is stipulated that in consideration of the payment of an amount as interest, higher than the normal rate, the lender shall be re­paid his capital in this manner. The borrow­er, after having paid the interest during the period determined, is free as regards the cap­ital itself. Arg. Fr. Merc. Law, 560.
FONSADERA. In Spanish law. Any tribute or loan granted to the king for the purpose of enabling him to defray the ex­penses of a war.
FONTANA. A fountain or spring. Bract, fol. 233.
FOOT. 1. A measure of length 'contain­ing twelve inches or one-third of a yard.
2. The base, bottom, or foundation of any­thing; and, by metonomy, the end or termi­nation; as the foot of a fine.
FOOT OF THE FINE. The fifth part of the conclusion of a fine. It includes the whole matter, reciting the names of the par­ties, day, year, and place, and before whom it was acknowledged or levied. 2 BL Comm. 35L

FOOTGELD
508
FOROF

FOOTGELD. In the forest law. An amercement for not cutting out the ball or cutting off the claws of a dog's feet, <exped-itating him.) To be quit of footgeld is to have the privilege of keeping dogs in the for­est unlotoed without punishment or control. Manwood.
FOOT-PRINTS. In the law of evidence. Impressions made upon earth, snow, or other surface by the feet of persons, or by the shoes, boots, or other covering of the feet. Burrill, Circ. Ev. 264.
FOR. Fr. In French law. A tribunal. he for interieur, the interior forum; the tribunal of conscience. Poth. Obi. pt. 1, c 1, § 1, art 3, § 4.
FOR. Instead of; on behalf of; In place of; as, where one signs a note or legal in­strument "for" another, this formula im­porting agency or authority. Emerson v. Hat Mfg. Co., 12 Mass. 240, 7 Am. Dec. 66; Dono­van v. Welch, 11 N. D. 113, 90 N. W. 262; Wilks v. Black, 2 East, 142.
During; throughout; for the period of; as, where a notice is required to be published "for" a certain number of weeks or months. Wilson v. Northwestern Mut L. Ins. Co., 65 Fed. 39, 12 C. C. A. 505; Northrop v. Cooper, 23 Kan. 432.
In consideration for; as an equivalent for; in exchange for; as where property is agreed to be given "for" other property or "for" services. Norton v. Woodruff, 2 N. Y. 153; Duncan v. Franklin Tp., 43 N. J. Eq. 143, 10 Atl. 546.
Belonging to, exercising authority or func­tions within; as, where one describes himself as "a notary public in and for the said county."
—For account of. This formula, used in an indorsement of a note or draft, introduces the name of the person entitled to receive the pro­ceeds. Freiberg v. Stoddard, 161 Pa. 259, 28 Atl. 1111; White v. Miners' Nat. Bank, 102 U. S. 658, 26 D. Ed. 250.—For cause. With reference to the power of removal from office, this term means some cause other than the will or pleasure of the removing authority, that is, some cause relating to the conduct, ability, fitness,' or competence of the officer. Hagerstown Street Com'rs v. Williams, 96 Md. 232, 53 Atl. 923; In re Nichols, 57 How Prac. (N. Y.) 404.—For collection. A form of in­dorsement on a note or check where it is not intended to transfer title to it or to give it credit or currency, but merely to authorize the transferree to collect the amount of it. Central R. Co. v. Bank, 73 Ga. 383; Sweeny v. Eas­ter, 1 Wall. 166, 17 L. Ed. 681; Freiberg v. Stoddard, 161 Pa. 259, 28 Atl. 1111.—For that. In pleading. Words used to introduce the allegations of a declaration. "For that" is a positive allegation: "For that whereas" is a recital. Ham. N. P. 9.—For that where­as. In pleading. Formal words introducing the statement of the plaintiffs case, by way or recital, in his declaration, in all actions ex­cept trespass. 1 Instr. Cler. 170; 1 Burrill, Pr. 127. In trespass, where there was no re­cital, the expression used was, "For that" Id ; 1 Instr. Cler. 202.—For use. (1) For the benefit or advantage of another. Thus,
where an assignee is obliged to sue In the name of his assignor, the suit is entitled "A. for uso of B. v. C." (2) For enjoyment or employ­ment without destruction. A loan "for use" is one in which the bailee has the right to use and enjoy the article, but without consuming or destroying it, in which respect it differs from a loan "for consumption.'—For value. See' Holdee.—For value received. See Value Received.—For whom it may con­cern. In a policy of marine or fire insurance, this phrase indicates that the insurance is taken for the benefit of all persons (besides those named) who may have an insurable interest in the subject
FORAGE. Hay and straw for horses, particularly In the army. Jacob.
FORAGIUM. Straw when the corn Is threshed out Cowell.
FORANEUS. One from without; ft for­eigner; a stranger. Calvin.
FORATHE. In forest law. One who could make oath, i. e., bear witness for an­other. Cowell; Spelman.
FORBAXCA. In old records. A fore-balk; a balk (that is, an unplowed piece of land) lying forward or next the highway. Cowell.
FORBANNITUS. A pirate; an outlaw; one banished.
FORBARRER. L. Fr. To bar out; to preclude; hence, to estop.
FORBATITDUS. In old English law. The aggressor slain in combft Jacob.
FORBEARANCE. The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. Reynolds v. Ward, 5 Wend. (N. Y.) 504; Diercks v. Ken­nedy, 16 N. J. Eq. 211; Dry Dock Bank t. American Life Ins., etc., Co., 3 N. Y. 354.
Refraining from action. The term is used in this sense in general jurisprudence, in contradistinction to "act"
FORCE. Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Usually the word occurs in such con­nections as to show that unlawful or wrong­ful action is meant. Watson v. Railway Co., 7 Misc. Rep. 562, 28 N. Y. Supp. 84; Plank Road Co. v. Robbins, 22 Barb. (N. Y.) 667.
Unlawful violence. It is either simple, as entering upon another's possession, without doing any other unlawful act; compound, when some other violence is committed, which of itself alone is criminal; or implied, as in every trespass, res^ous, or disseisin.
Power statically considered; that is at rest, or latent, but capable of being called Into activity upon occasion for its exercise. Effi­cacy; legal validity. This is the meaning

FORCE
509
FORDANNO

when we say that a statute or a contract is **in force."
In old English law. A technical term applied to a species of accessary before the fact.
In Scotch, law. Coercion; duress. Bell.
—Force and arms. A phrase used in dec­larations of trespass and in indictments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit. PI. 846, 850.—Force and fear, called also "vi metuque," means that any contract or act extorted under the pressure of force (vis) or under the influence of fear (metus) is void­able on that ground, provided, of course, that the force or the fear was such as influenced the party. Brown.—Forces. The military and naval power of the country.
FORCE MAJEURE. Fr. In the law of
insurance. Superior or irresistible force. Emerig. Tr. des Ass. c. 12.
FORCED HEIRS. In Louisiana. Those persons whom the testator or donor cannot deprive of the portion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them'. Civil Code La. art. 1495. And see Crain v. Craln, 17 Tex. 90; Hagerty v. Hagerty, 12 Tex. 456; Miller v. Miller, 105 La. 257, 29 South. 802.
FORCED SALE. In practice. A sale made at the time and in the manner pre­scribed by law, in virtue of execution issued on a judgment already rendered by a court of competent jurisdiction; a sale made under the process of the court, and in the mode pre­scribed by law. Sampson v. Williamson, 6 Tex. 110, 55 Am. Dec. 762.
A forced sale is a sale against the consent of the owner. The term should not be deemed to embrace a sale under a power in a mortgage. Patterson v. Taylor, 15 Fla. 336.
FORCHEAPUM. Pre-emption; forestall­ing the market. Jacob.
FORCIBLE DETAINER. The offense of violently keeping possession of lands and tenements, with menaces, force, and arms, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280.
Forcible detainer may ensue upon a peace­able entry, as well as upon a forcible entry; but it is most commonly spoken of in the phrase "forcible entry and detainer." See infra.
FORCIBLE ENTRY. An offense against the public peace, or private wrong, com­mitted by violently taking possession of lands and tenements with menaces, force, and arms, against the will of those entitled to the possession, and without the authority of law. 4 Bl. Comm. 148; 4 Steph. Comm. 280; Code Ga. 1882, § 4524.
Every person is guilty of forcible entry who either (1) by breaking open doors, win­dows, or other parts of a house, or by any kind of violence or circumstance of terror,
enters upon or into any real property; or (2) who, after entering peaceably upon real prop­erty, turns out by force, threats, or menacing conduct the party in possession. Code Civil Proc. Cal. § 1159.
At common law, a forcible entry was neces­sarily one effected by means of force, vio­lence, menaces, display of weapons, or other­wise with the strong hand; but this rule has been relaxed, either by statute or the course of judicial decisions, in many of the states, so that an entry effected without the consent of the rightful owner, or against his remonstrance, or under circumstances which amount to no more than a mere trespass, is now technically consid­ered "forcible," while a detainer of the prop­erty consisting merely in the refusal to surren­der possession after a lawful demand, is treated as a "forcible" detainer; the reason in both cases being that the action of "forcible entry and detainer" (see next title) has been found an extremely convenient method of proceeding to regain possession of property as against a trespasser or against a tenant refusing to quit, the "force" required at common law being now supplied by a mere fiction. See Rev. St. Tex. 1895, art. 2521; Goldsberry v. Bishop, 2 Duv. (Ky.) 144; Wells v. Darby, 13 Mont. 504, 34 Pac. 1092; Willard v. Warren, 17 Wend. (N. Y.) 261; Franklin v. Geho, 30 W. Va. 27, 3 S. E. 168; Phelps v. Randolph, 147 111. 335, 35 N. E. 243; Brawley v. Risdon Iron Works, 38 Cal. 678; Cuyler v. Estis, 64 S. W. 673, 23 Ky. Law Rep. 1063; Herkimer v. Keeler, 109 Iowa, 680, 81 N. W. 178; Young v. Young, 109 Ky. 123, 58 S. W. 592.
FORCIBLE ENTRY AND DETAINER.
The action of forcible entry and detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry in such cases does not involve title, but is confined to the actual and peace­able possession of the plaintiff and the un­lawful or forcible ouster or detention by de­fendant ; the object of the law being to pre­vent the disturbance of the public peace by the forcible assertion of a private right. Gore v. Altice, 33 Wash. 335, 74 Pac. 556; Eveleth v. Gill, 97 Me. 315, 54 Atl. 757.
FORCIBLE TRESPASS. In North Carolina, this is an invasion of the rights of another with respect to his personal prop­erty, of the same character, or under the same circumstances, which would constitute a "forcible entry and detainer" of real prop­erty at common law. It consists in taking or seizing the personal property of another by force, violence, or intimidation. State v. Lawson, 123 N. C. 740, 31 S. E. 667, 68 Am. St. Rep. 844; State v. Barefoot, 89 N. C. 567; State v. Ray, 32 N. C. 40; State v. Sowls, 61 N. C. 151; State v. Laney, 87 N. C. 535.
FORDA. In old records. A ford or shal­low, made by damming or penning up the water. Cowell.
FORDAL. A butt or headland, jutting out upon other land. Cowell.
FORD ANNO. In old European law. He who first assaulted another. Spelman.

FORDIKA
510
FOREIGN

FORDIKA. In old records. Grass or herbage growing on the edge or bank of dykes or ditches. Cowell.
FORE. Sax. Before. Fr. Out Kel-ham.
FORECLOSE. To shut out; to bar. Used of the process of destroying an equity of redemption existing in a mortgagor.
FORECLOSURE. A process in chancery by which all further right existing in a mort­gagor to redeem the estate is defeated and lost to him, and the estate becomes the abso­lute property of the mortgagee; being appli­cable when the mortgagor has forfeited his estate by non-payment of the money due on the mortgage at the time appointed, but still retains the equity of redemption. 2 Washb. Real Prop. 237. Goodman v. White, 26 Conn. 322; Arrington v. Liscom, 34 Cal. 376, 94 Am. Dec. 722; Appeal of Ansonia Nat. Bank, 58 Conn. 257, 18 Atl. 1030; Williams v. Wil­son, 42 Or. 299, 70 Pac. 1031, 95 Am. St. Rep. 745.
The term is also loosely applied to any of the various methods, statutory or otherwise, known in different jurisdictions, of enforcing payment of the debt secured by a mortgage, by taking and selling the mortgaged estate.
Foreclosure is also applied to proceedings founded upon some other liens; thus there are proceedings to foreclose a mechanic's lien.
—Foreclosure decree. Properly speaking, a decree ordering the strict foreclosure (see infra) of a mortgage; but the term is also loosely and conventionally applied to a decree ordering the sale of the mortgaged premises and the sat­isfaction of the mortgage out of the proceeds. Hanover F. Ins. Co. v. Brown, 77 Md. 64, 25 Atl. 989, 39 Am. St Rep. 386.—Foreclosure sale. A sale of mortgaged property to obtain satisfaction of the mortgage out of the pro­ceeds, whether authorized by a decree of the court or by a power of sale contained in the mortgage. See Johnson v. Cook, 96 Mo. App. 442, 70 S. W. 526.—Statutory foreclosure. The term is sometimes applied to foreclosure by execution of a power of sale contained in the mortgage, without recourse to the courts, as it must conform to the provisions of the statute regulating such sales. See Mowry v. Sanborn, 11 Hun CN. Y.) 548.—Strict foreclosure. A decree of strict foreclosure of a mortgage finds the amount due under the mortgage, orders its payment within a certain limited time, and pro­vides that, in default of such payment, the debtor's right and equity of redemption shall be forever barred and foreclosed; its effect is to vest the title of the property absolutely in the mortgagee, on default in payment, without any sale of the property. Champion v. Hinkle, 45 N. J. Eq. 162, 16 Atl. 701; Lightcap v. Bradley, 186 111. 510, 58 N. E. 221; Warner Bros. Co. v. Freud, 138 Cal. 651, 72 Pac. 345.
FOREFAULT. In Scotch law. To for­feit; to lose.
FOREGIFT. A premium for a lease.
FOREGOERS. Royal purveyors. 28 Edw. III. c. 5.
FOREHAND RENT. In English law. Rent payable in advance; or, more properly, a species of premium or bonus paid by the tenant on the making of the lease, and par­ticularly on the renewal of leases by ecclesi­astical corporations.
FOREIGN. Belonging to another nation or country; belonging or attached to another jurisdiction; made, done, or rendered in an­other state or jurisdiction; subject to anoth­er jurisdiction; operating or solvable in an­other territory; extrinsic; outside; extraor­dinary.
—Foreign answer. In old English practice. An answer which was not triable in the county where it was made. (St 15 Hen. VI. c. 5.) Blount.—Foreign apposer. An officer in the exchequer who examines the sheriff's estreats, comparing them with the records, and apposeth (interrogates) the sheriff what he says to each particular sum therein. 4 Inst 107; Blount; Cowell.—Foreign bought and sold. A cus­tom in London which, being found prejudicial to sellers of cattle in Smithfield, was abolished. Wharton.—Foreign coins. Coins issued as money under the authority of a foreign govern­ment. As to their valuation in the United States, see Rev. St U. S. §§ 3564, 3565 (U. S. Comp. St 1901, pp. 2375, 2376).—Foreign courts. The courts of a foreign state or na­tion. In the United States, this term is fre­quently applied to the courts of one of the states when their judgments or records are in­troduced in the courts of another.—Foreign Dominion. In English law this means a country which at one time formed part of the dominions of a foreign state or potentate, but which by conquest or cession has become a part of the dominions of the British crown. 5 Best & S. 290.—Foreign enlistment act. The statute 59 Geo. III. c. 69, prohibiting the en­listment, as a soldier or sailor, in any foreign service. 4 Steph. Oomm. 226. A later and more stringent act is that of 33 & 34 Vict c. 90.—Foreign exchange. Drafts drawn on a foreign state or country.—Foreign-going ship. By the English merchant shipping act, 1854, (17 & 18 Vict. c. 104,) § 2, any ship em­ployed in trading, going between some place or places in the United Kingdom and some place or places situate" beyond the following limits, that is to say: The coasts of the United King­dom, the islands of Guernsey, Jersey, Sark, Alderney, and Man, and the continent of Eu­rope, between the river Elbe and Brest, inclu­sive. Home-trade ship includes every ship em­ployed in trading and going between places within the last-mentioned limits.—Foreign matter. In old practice. Matter triable or done in another county. Cowell.—Foreign office. The department of state through which the English sovereign communicates with for­eign powers. A secretary of state is at its head. Till the middle of the last century, the func­tions of a secretary of state as to foreign and home questions were not disunited.—Foreign service, in feudal law. was that whereby a mesne lord held of another, without the com­pass of his own fee, or that which the tenant performed either to his own lord or to the lord paramount out of the fee. (Kitch. 299) For­eign service seems also to be used for knight's service, or escuage uncertain. (Perk. 650.) Ja­cob.
As to foreign "Administrator," "Assign­ment," "Attachment," "Bill of Exchange," "Charity," "Commerce," "Corporation," "County," "Creditor," "Divorce," "Docu­ment," "Domicile," "Factor," "Judgment,"

FOREIGNER
511 FORESTALLING THE MARKET

"Jurisdiction," "Jury," "Minister,* "Plea," "Port," "State," "Vessel," and "Voyage," see those titles.
FOREIGNER. In old English law, this term, when used with reference to a particu­lar city, designated any person who was not an inhabitant of that city. According to lat­er usage, it denotes a person -who is not a citizen or subject of the state or country of which mention Is made, or any one owing allegiance to a foreign state or sovereign.
For the distinctions, in Spanish law, be­tween "domiciliated" and "transient" for­eigners, see Yates v. lams, 10 Tex. 168.
FOREIN. An old form of foreign, (g. v.) Blount
FOREJUDGE. In old English law and practice. To expel from court for some of­fense or misconduct. When an officer or at­torney of a court was expelled for any offense, or for not appearing to an action by bill filed against him, he was said to be forejudged the court. Cowell.
To deprive or put out of a thing by the judgment of a court To condemn to lose a thing.
To expel or banish.
—Forejudger. In English practice. A judg­ment by which a man is deprived or put out of a thing; & judgment of expulsion or banish­ment.
FOREMAN. The presiding member of a grand or petit jury, who speaks or answers for the jury.
FORENSIC. Belonging to courts of jus­tice.
FORENSIC MEDICINE, or medical ju­risprudence, as it is also called, is "that science which teaches the application of every branch of medical knowledge to the purposes of the law; hence its limits are, on the one 'hand, the requirements of the law, and, on the other, the whole range of medicine. Anatomy, physiology, medicine, surgery, chemistry, physics, and botany lend their aid as necessity arises; and in some cases all these branches of science are required to ena­ble a court of law to arrive at a proper con­clusion on a contested question affecting life or property." Tayl. Med. Jur. 1.
FORENSIS. In the civil law. Belong­ing to or connected with a court; forensic. Forensis homo, an advocate; a pleader of causes; one who practices in court Calvin.
In old Scotch law. A strange man or stranger; an out-dwelling man; an "unfree-man," who dwells not within burgh.
FORESAID is used in Scotch law as aforesaid is in English, and sometimes, in a plural form, foresaids. 2 How. State Tr. 715. Forsaidis occurs in old Scotch records. "The
Loirdis assesouris forsaidis." 1 Pitc. Grim. Tr. pt 1, p. 107.
FORESCHOKE. Foresaken; disavowed. 10 Edw. II. c. 1.
FORESHORE. That part of the land ad­jacent to the sea which is alternately covered and left dry by the ordinary flow of the tides; t. e., by the medium line between the greatest and least range of tide, (spring tides and neap tides.) Sweet
FOREST. In old English law. A certain territory of wooded ground and fruitful pas­tures, privileged for wild beasts and fowls of forest chase, and warren, to rest and abide in the safe protection of the prince for his princely delight and pleasure, having a pecul­iar court and officers. Manw. For. Laws, c 1, no. 1; Termes de la Ley; 1 Bl. Comm. 289.
A royal hunting-ground which lost its pe­culiar character with the extinction of its courts, or when the franchise passed into the hands of a subject. Spelman; Cowell.
The word is also used to signify a franchise or right being the right of keeping, for the purpose of hunting, the wild beasts and fowls of forest, chase, park, and warren, in a ter­ritory or precinct of woody ground or pasture set apart for the purpose. 1 Steph. Comm. 665.
—Forest courts. In English law. Courts in­stituted for the government of the king's .forest in different parts of the kingdom, and for the punishment of all injuries done to the king's deer or venison, to the vert or greensward, and to the covert in which such deer were lodged. They consisted of the courts of attachments, of regard, of sweinmote, and of justice-seat; but in later times these courts are no longer held. 3 Bl. Comm. 71.—Forest law. The system or body of old law relating to the royal forests. —Forestage. A duty or tribute payable to the king's foresters. Cowell.—Forester. A sworn officer of the forest, appointed by the king's letters patent to walk the forest, watch­ing both the vert and the venison, attaching and presenting all trespassers against them within their own bailiwick or walk. These letters pat­ent were generally granted during good be­havior; but sometimes they held the office in fee. Blount.
FORESTAGITJM. A duty or tribute pay­able to the king's foresters. Cowell.
FORESTALL. To intercept or obstruct a passenger on the king's highway. CowelL To beset the way of a tenant so as to prevent his coming on the premises. 3 Bl. Comm. 170. To intercept a deer on his way to the forest before he can regain it Cowell.
—Forestaller. In old English law. Obstruc­tion; hindrance;' the offense of stopping the highway; the hindering a tenant from coming to his land; intercepting a deer before it can regain the forest. Also one who forestalls; one who commits the offense of forestalling. 3 Bl. Comm. 170; Cowell.—Forestalling. Obstruct­ing the highway. Intercepting a person on the highway.
FORESTALLING THE MARKET, The
act of the buying or contracting for any mer-

FORESTALLING THE MARKET 512
FORFEITURE

chandise or provision on Its way to the mar­ket, with the intention of selling it again at a higher price; or the dissuading per­sons from bringing their goods or provisions there; or persuading them to enhance the price when there. 4 Bl. Comm. 158. Bar­ton v. Morris, 10 Phila. (Pa.) 361. This was formerly an indictable offense in England, but is now abolished by St. 7 & 8 Vict c. 24. 4 Steph. Comm. 291, note.
Forestalling differs from "engrossing," in that the latter consists in buying up large quantities of merchandise already on the market, with a view to effecting a monopoly or acquiring so large a quantity as to be able to dictate prices. Both forestalling and engrossing may enter into the manipulation of what is now called a "cor­ner."
FORESTARIUS. In English law. A
forester. An officer who takes care of the woods and forests. De forestario apponen-do, a writ which lay to appoint a forester to prevent further commission of waste when a tenant in dower had committed waste. Bract. 316; Du Cange.
In Scotch law. A forester or keeper of woods, to whom, by reason of his office, per­tains the bark and the hewn branches. And, when he rides through the forest, he may take a tree as high as his own head. Skene de Verb. Sign.
FORETHOUGHT FELONY. In Scotch law. "Murder committed in consequence of a previous design. Ersk. Inst 4, 4, 50; Bell.
FORFANG. In old English law. The taking of provisions from any person in fairs or markets before the royal purveyors were served with necessaries for the sovereign. Cowell. Also the seizing and rescuing of stolen or strayed cattle from the hands of a thief, or of those having illegal possession of them; also the reward fixed for such rescue.
FORFEIT. To lose an estate, a franchise, or other property belonging to one, by the act of the law, and as a consequence of some misfeasance, negligence, or omission. Cassell v. Oothers, 193 Pa. 359, 44 Atl. 446; State v. De Gress, 72 Tex. 242, 11 S. W. 1029; State v. Walbridge, 119 Mo. 383, 24 S. W. 457, 41 Am. St Rep. 663; State v. Baltimore & O. R, Co., 12 Gill & J. (Md.) 432, 38 Am. Dec. 319. The further ideas connoted by this term are that it is a deprivation, (that is, against the will of the losing party,) and that the property is either transferred to another or resumed by the original grantor.
To incur a penalty; to become liable to the payment of a sum of money, as the conse­quence of a certain act
FORFEITABLE. Liable to be forfeited; subject to forfeiture for non-user, neglect, crime, etc.
FORFEITURE. 1. A punishment an­nexed by law to some illegal act or negligence
in the owner of lands, tenements, or heredita­ments, whereby he loses all his interest there­in, and they go to the party injured as a rec­ompense for the wrong which he alone, or the public together with himself, hath sus­tained. 2 Bl. Comm. 267. Wiseman v. Mc-nulty, 25 Cal. 237.
2.The loss of land by a tenant to his lord, as the consequence of some breach of fidelity. 1 Steph. Comm. 166.
3.The loss of lands and goods to the state, as the consequence of crime. 4 Bl. Comm. 381, 387; 4 Steph. Comm. 447, 452; 2 Kent Comm. 385; 4 Kent Comm. 426. Avery y. Everett 110 N. Y. 317, 18 N. E. 148, 1 L. R. A. 264, 6 Am. St Rep. 36a
4.The loss of goods or chattels, as a pun­ishment for some crime or misdemeanor in the party forfeiting, and as a compensation for the offense and injury committed against him to whom they are forfeited. 2 Bl. Comm. 42a
It should be noted that "forfeiture" is not an identical or convertible term with "confisca­tion." The latter is the consequence of the former. Forfeiture is the result which the law attaches as an immediate and necessary conse­quence to the illegal acts of the individual; but confiscation implies the action of the state; and property, although it may be forfeited, cannot be said to be confiscated until the government has formally claimed or taken possession of it
5.The loss of office by abuser, non-user, or refusal to exercise it
6.The loss of a corporate franchise or charter in consequence of some illegal act or of malfeasance or non-feasance.
7.The loss of the right to life, as the con­sequence of the commission of some crime to which the law has affixed a capital penalty.
8.The incurring a liability to pay a defi­nite sum of money as the consequence of vio­lating the provisions of some statute, or re­fusal to comply with some requirement of law. State v. Marion County Conors, 85 Ind. 493.
9.A thing or sum of money forfeited. Something imposed as a punishment for an offense or delinquency. The word in this sense is frequently associated with the word "penalty." Van Buren v. Digges, 11 How. 477, 13 L. Ed. 771.
10. In mining law, the loss of a mining
claim held by location on the public domain
(unpatented) in consequence of the failure of
the holder to make the required annual ex­
penditure upon it* within the time allowed.
McKay v. McDougall, 25 Mont 258, 64 Pac
669, 87 Am. St Rep. 395; St John v. Kidd,
26 Cal. 27L
—Forfeiture of a bond. A failure to per­form the condition on which the obligor was to be excused from the penalty in the bond.—For­feiture of marriage. A penalty incurred by a ward in chivalry who married without th« consent or against the will of the guardian. See Duplex Valor Mabitagii.—Forfeiture of silk, supposed to lie in the docks, used, in

FORFEITURE
513
FORISFACTUS

times when its importation was prohibited, to be proclaimed each term in the exchequer.— Forfeitures abolition act. Another name for the felony act of 1870, abolishing forfeitures for felony in England.
FORGABULUM, or FORGAVEL. A
quit-rent; a small reserved rent in money. Jacob.
FORGE. To fabricate, construct, or pre­pare one thing in imitation of another thing, with the intention of substituting the false for the genuine, or otherwise deceiving and defrauding by the use of the spurious article. To counterfeit or make falsely. Especially, to make a spurious written instrument with the intention Of fraudulently substituting it for another, or of passing it off as genuine; or to fraudulently alter a genuine instrument to another's prejudice; or to sign another person's name to a document, with a deceit­ful and fraudulent intent See In re Cross (D. C.) 43 Fed. 520; U. S. v. Watkins, 28 Fed. Cas. 445; Johnson v. State, 9 Tex. App, 251; Longwell v. Day, 1 Mich. N. P. 290; People v. Compton, 123 Cal. 403, 56 Pac. 44; People v. Graham, 1 Sheld. (N. Y.) 155; Rohr v. State, 60 N. J. Law, 576, 38 Atl. 673; Haynes v. State, 15 Ohio St 455; Garner v. State, 5 Lea, 213; State v. Greenwood, 76 Minn. 211, 78 N. W. 1042, 77 Am. St. Rep. 632; State v. Young, 46 N. H. 266, 88 Am. Dec. 212.
To forge (a metaphorical expression, borrow­ed from the occupation of the smith) means, properly speaking, no more than to make or form, but in our law it is always taken in an evil sense. 2 Bast, P. C. p. 852, c. 19, § 1.
To forge is to make in the likeness of some­thing else; to counterfeit is to make in imita­tion of something else, with a view to defraud by passing the false copy for genuine or original. Both words, "forged" and "counterfeited," con­vey the idea of similitude. State v. McKenzie, 42 Me. 392.
In common usage, however, forgery is almost always predicated of some private instrument or writing, as a deed, note, will, or a signature; and counterfeiting denotes the fraudulent imi­tation of coined or paper money or some sub­stitute therefor.
FORGERY. In criminal law. The
falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. 2 Bish. Crim. Law, § 523. See Forge.
The thing itself, so falsely made, imitated, or forged; especially a forged writing. A forged signature is frequently said to be "a forgery."
In the law of evidence. The fabrication or counterfeiting of evidence. The artful and fraudulent manipulation of physical ob­jects, or the deceitful arrangement of genu­ine facts or things, in such a manner as to create an erroneous impression or a false in­ference in the minds of those who may ob­serve them.' See Burrill, Circ. Ev. 131, 420.
—Forgery act, 1870. The statute 33 & 34 Vict c. 58, was passed for the punishment of
Bl.Law Dict.(2d Ed.)—S3
forgers of stock certificates, and for extending to Scotland certain provisions of the forgery act of 1861. Jtfozley & Whitley.
FORHERDA. In old records. A herd-land, headland, or foreland. Cowell.
FORI DISPTTTATIONES. In the civW
law. Discussions or arguments before a court 1 Kent Comm. 530.
FORINSECTJS. Lat Foreign; exte­rior; outside; extraordinary. Servitium fo-rinsecum, the payment of aid, scutage, and other extraordinary military services. Fo-rinsecum maneriwm, the manor, or that part of it which lies putside the bars or town, and is not included within the liberties of it Cowell; Blount; Jacob; 1 Reeve, Eng. Law, 273.
FORINSIC. In old English law. Ex­terior; foreign; extraordinary. In feudal law, the term "forinsic services" compre­hended the payment of extraordinary aids or the rendition of extraordinary military services, and in this sense was opposed to "intrinsic services." 1 Reeve, Eng. Law, 273.
FORIS. Lat. Abroad; out of doors; on the outside of a place; without; extrinsic.
FORISBANITUS. In old English law. Banished.
FORISFACERE. Lat To forfeit; to lose an estate or other property on account of some criminal or illegal act To confis­cate.
To act beyond the law, i. e., to transgress or infringe the law; to commit an offense or wrong; to do any act against or beyond the law. See Co. Litt. 59a; Du Cange; Spel-man.
Forisfacere, i. e., extra legem sen con* snetndinem facere. Co. Litt. 59. Foris­facere, i. e., to do something beyond law or custom.
FORISFACTTTM. Forfeited. Bona fo-risfacta, forfeited goods. 1 Bl. Comm. 299. A crime. Du Cange; Spelman.
FORISFACTURA. A crime or offense through which property is forfeited.
A fine or punishment in money.
Forfeiture. The loss of property or life in consequence of crime.
—Forisfactnra plena. A forfeiture of all a man's property. Things which were forfeited. Du Cange. Spelman.
FORISFACTUS. A criminal. One who has forfeited his life by commission of a capital offense. Spelman.
—Forisf actus servns. A slave who has been a free man, but has forfeited his freedom by crime. Du Cange.

FORISFAMILIARE
514
FORMATA

FORISFAMILIATE. In old English and Scotch law. Literally, to put out of a family, (forts familiam ponere.) To portion off a son, so that he could have no further claim upon his father. Glanv. lib. 7, c. 3.
To emancipate, or free from paternal au­thority.
FORISFAMILIATED. In old English law. Portioned off. A son was said to be forisfamiliated (forisfamiliarfy if his father assigned him part of his land, and gave him seisin thereof, and did this at the request or with the free consent of the son himself, who expressed himself satisfied with such portion. 1 Reeve, Eng. Law, 42, 110.
FORISFAMTLIATUS. In old English law. Put out of a family; portioned off; emancipated; forisfamiliated. Bract, fol. 64.
FORISJUDICATIO. In old English law. Forejudger. A forejudgment. A judg­ment of court whereby a man is put out of possession of a thing. Co. Litt. 100&.
FORISJTJDICATUS. Forejudged; sent from court; banished. Deprived of a thing by judgment of court. Bract, fol. 2506/ Co. Litt 1006; Du Cange.
FORISJURARE. To forswear; to ab­jure; to abandon.
—Forisjurare parentilam. To remove one­self from parental authority. The person who did this lost his rights as heir. Du Cange.— Provinciam forisjurare. To forswear the country. Spelman.
FORJUDGE. See Forejudge.
FORJURER. L. Fr. In old English law. to forswear; to abjure.
—Forjurer royalme. To abjure the realm. Britt. cc. 1, 16.
FORIiER-LAND. Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained. But. Surv. 56.
FORM. 1. A model or skeleton of an in­strument to be used in a judicial proceeding, containing the principal necessary matters, the proper technical terms or phrases, and whatever else is necessary to make it for­mally correct, arranged in proper and meth­odical order, and capable of being adapted to the circumstances of the specific case.
2. As distinguished from "substance," "form" means the legal or technical manner or order to be observed in legal instruments or juridical proceedings, or in the construc­tion of legal documents or processes.
The distinction between "form" and "sub­stance" is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient, irre­spective of the manner of setting it forth, the
defect is one of substance. If the matter of the plea is good and sufficient, but is inartificially or defectively pleaded, the defect is one of form. Pierson v. Insurance Co., 7 Houst. (Del.) 307, 31 Atl. 966.
—Common form, Solemn form. See Pro­bate.—Form of the statute. The words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) "against the form of the statute in that case made and provided."—Forms of action. The general designation of the various species or kinds of personal actions known to the common law, such as trover, trespass, debt, assumpsit, etc. These differ in their pleadings and evi­dence, as well as in the circumstances to which they are respectively applicable. Truax v. Par-vis, 7 Houst. (Del.) 330, 32 Atl. 227.—Matter of form. In pleadings, indictments, convey­ances, etc., matter of form (as distinguished from matter of substance) is all that relates to the mode, form, or style of expressing the facts involved, the choice or arrangement of words, and other such particulars, without affecting the substantial validity or sufficiency of the in­strument, or without going to the merits. Rail­way Co. v. Kurtz, 10 Ind. App. 60, 37 N. E. 303; Meath v. Mississippi Levee Com'rs, 109 U. S. 268v 3 Sup. Ct. 284, 27 L. Ed. 930; State v. Amidon, 58 Vt 524, 2 Atl. 154.
FORMA. Lat Form; the prescribed form of judicial proceedings.
—Forma et figura jndicii. The form and shape of judgment or judicial aotion. 3 Bl. Comm. 271.—Forma pauperis. See In Fob-ma Pauperis.
Forma dat esse. Form gives being. Called "the old physical maxim." Lord Henley, Ch., 2 Eden, 99.
Forma legalis forma essentialis. Legal form is essential form. 10 Coke, 100.
Forma non observata, infertur adnul-latio actus. Where form is not observed, a nullity of the act is inferred. 12 Coke, 7. Where the law prescribes a form, the non-observance of it is fatal to the proceeding, and the whole becomes a nullity. Best, Ev. Introd. § 59.
FORMAL. Relating to matters of form; as, "formal defects;" inserted, added, or joined pro forma. See Parties.
FORMALITIES. In England, robes worn by the magistrates of a city or corpo­ration, etc., on solemn occasions. Enc. Lond.
FORMALITY. The conditions, in re­gard to method, order, arrangement, use of technical expressions, performance of spe­cific acts, etc., which are required by the law in the making of contracts or conveyances, or in the taking of legal proceedings, to in­sure their validity and regularity. Succes­sion of Seymour, 48 La. Ann. 993, 20 South. 217.
FORMATA. In canon law. Canonical letters. Spelman.

FORMATA BREVIA
515
FORPRISE

FORMATA BREVIA. Formed writs; writs of form. See Bbevia Fobmata.
FORMED ACTION. An action for which a set form of words is prescribed, which must be strictly adhered to. 10 Mod. 140, 141.
FORMED DESIGN. In criminal law, and particularly with reference to homicide, this term means a deliberate and fixed In­tention to kill, whether directed against a particular person or not. Mitchell v. State, 60 Ala. 33; Wilson v. State, 128 Ala. 17, 29 South. 569; Ake v. State, 30 Tex. 473.
FORMEDON. An ancient writ in Eng­lish law which was available for one who had a right to lands or tenements by virtue of a gift in tail. It was in the nature of a writ of right, and was the highest action that a tenant in tail could have; for he could not have an absolute writ of right, that being confined to such as claimed in fee-simple, and for that reason this writ of formedon was granted to him by the statute de donis, (Westm. 2, 13 Edw. I. c. 1,) and was emphatically called "his" writ of right. The writ was distinguished Into three species, viz.: Formedon in the descender, in the re­mainder, and in the reverter. It was abol­ished In England by St. 3 & 4 Wm. IV. c. 27. See 3 Bl. Comm. 191; Co. Litt. 316; Fitzh. Nat. Brev. 255.
—Formedon in the descender. A writ of formedon which lay where a gift was made in tail, and the tenant in tail aliened the lands or was disseised of them and died, for the heir in tail to recover them, against the actual tenant of the freehold. 3 Bl. Comm. 192.— Formedon in the remainder. A writ of formedon which lay where a man gave lands to another for life or in tail, with remainder to a third person in tail or in fee, and he who had the particular estate died without issue in­heritable, and a stranger intruded upon him in remainder, and kept him out of possession. In this case he in remainder, or his'heir, was en­titled to this writ. 3 Bl. Comm. 192.—Forme­don in the reverter. A writ of formedon which lay where there was a gift in tail, and afterwards, by the death of the donee or his heirs without issue of his body, the reversion fell in upon the donor, his heirs or assigns. In such case, the reversioner had this writ to re­cover the lands. 3 Bl. Comm. 192.
FOBMELLA. A certain weight of above 70 lbs., mentioned in 51 Hen. III. Cowell.
FORMER ADJUDICATION, or FOR-. MER RECOVERY. An adjudication or recovery in a former action. See Res Judi­cata.
FORMIDO PERICUU. Lat. Fear of danger. 1 Kent, Comm. 23.
FORMULA. In common-law practice, a set form of words used in judicial proceed­ings. In the civil law, an action. Calvin.
FORMULA. In Roman law. When the legis actionem were proved to be inconven-
ient, a mode of procedure called "per ?for­mulas^ (i. e., by means of formulce,) was gradually introduced, and eventually the le­gis actiones were abolished by the Lex fflou* Ha, B. C. 164, excepting in a very few excep­tional matters. The formulce were four in number, namely: (1) The Demonstratio, wherein the plaintiff stated, i. e., showed, the facts out of which his claim arose; (2) the Intentio, where he made his claim against the defendant; (3) the Adjudicatio, wherein the judex was directed to assign or adjudi­cate the property or any portion or portions thereof according to the rights of the par­ties ; and (4) the Condemnatio, in which the judex was authorized and directed to con­demn or to acquit according as the facts were or were not proved. These formula; were obtained from the magistrate, (in jure,) and were thereafter proceeded with before the judex, (in judicio.) Brown. See Mack-eld. Rom. Law, § 204.
FORMULARIES. Collections of for­mulae, or forms of forensic proceedings and Instruments used among the Franks, and other early continental nations of Europe. Among these the formulary of Marculphus may be mentioned as of considerable inter­est. Butl. Co. Litt. note 77, lib. 3.
FORNAGIUM. The fee taken by a lord of his tenant, who was bound to bake in the lord's common oven, (in furno domini,) or for a commission to use his own.
FORNICATION. Unlawful sexual in­tercourse between two unmarried persons. Further, if one of the persons be married and the other not, it is fornication on the part of the latter, though adultery for the former. In some jurisdictions, however, by statute, it is adultery on the part of both persons if the woman is married, whether the man is married or not. Banks v. State, 96. Ala. 78, 11 South. 404; Hood v. State, 56 Ind. 263, 26 Am. Rep. 21; Com. v. Lafferty, 6 Grat. (Va.) 673; People v. Rouse, 2 Mich. N. P. 209; State v. Shear, 51 Wis. 460, 8 N. W. 287; Buchanan v. State, 55 Ala. 154.
FORNIX. Lat A brothjel; fornication.
FORNO. In Spanish law. An oven. Las Partidas, pt. 3, tit. 32, 1. 18.
FORO. In Spanish law. The place where tribunals hear and determine causes,—exer-cendarum litium locus.
FOROS. In Spanish law. Emphyteutic rents. Schm. Civil Law, 309.
FORPRISE. An exception; reservation; excepted; reserved. Anciently, a term of frequent use in leases and conveyances. Cowell; Blount.
In another sense, the word is taken for any exaction.

FORSCHEL
516
FORTUIT

FORSCHEIi. A strip of land lying next to the highway.
FORSES. Waterfalls. Camden, Brit.
FORSPEAKER. An attorney or advo­cate in a cause. Blount; Whishaw.
FORSPECA. In old English law. Pro­locutor; paranymphus.
FORSTAI*. See Fobestaix.
Forstellarius est panpeivm depressor et totins comimuiitatis et patriae pub> licus inimicus. 3 Inst. 196. A forestaller is an oppressor of the poor, and a public en­emy of the whole community and country.
FORSWEAR. In criminal law. To make oath to that which the deponent knows to be untrue.
This term is wider in its scope than "per­jury," for the latter, as a technical term, in­cludes the idea of the oath being taken before a competent court or officer, and relating to a material issue, which is not implied by the word "forswear." Fowle v. Robbins, 12 Mass. 501; Tomlinson v. Brittlebank, 4 Barn. & A. 632; Railway Co. v. McCurdy, 114 Pa. 554, 8 Atl. 230, 60 Am. Rep. 363.
FORT. This term means "something more than a mere military camp, post, or station. The term implies a fortification, or a place protected from attack by some such means as a moat, wall, or parapet." U. S. T. Tichenor (C. C.) 12 Fed. 424.
FORTALICE. A fortress or place of strength, which anciently did not pass with­out a special grant 11 Hen. VII. c. 18.
FORTALITnJM. In old Scotch law. A fortalice; a castle. Properly a house or tower which has a battlement or a ditch or moat about it.
FORTHCOMING. In Scotch law. The action by which an arrestment (garnish­ment) is made effectual. It is a decree or process by which the creditor is given the right to demand that the sum arrested be applied for payment of his claim. 2 Karnes, Eq. 288, 289; BelL
FORTHCOMING BOND. A bond given to a sheriff who has levied on property, con­ditioned that the property shall be forthcom­ing, i. e., produced, when required. On the giving of such bond, the goods are allowed to remain in the possession of the debtor. Hill v. Manser, 11 Grat. (Va.) 522; Nichols v. Chittenden, 14 Colo. App. 49, 59 Pac. 954.
The sheriff or other officer levying a writ of fieri facias, or distress warrant, may take from the debtor a bond, with sufficient surety, pay­able to the creditor, reciting the service of such
writ or warrant, and the amount due thereon, (including his fee for taking the bond, commis­sions, and other lawful charges, if any,) witS condition that the property shall be forthcom­ing at the day and place of sale; whereupon such property may be permitted to remain in the possession and at the risk of the debtor. Code Va. 1887, § 3617.
FORTHWITH. As soon as, by reason­able exertion, confined to the object, a thing may be done. Thus, when a defendant is ordered to plead forthwith, he must plead within twenty-four hours. When a statute enacts that an act is to be done "forthwith," it means that the act is to be done within a reasonable time. 1 Chit. Archb. Pr. (12th Ed.) 164; Dickerman v. Northern Trust Co., 176 U. S. 181, 20 Sup. Ct. 311, 44 L. Ed. 423; Faivre v. Manderscheid, 117 Iowa, 724, 00 N. W. 76; Martin v. Pifer, 96 Ind. 248.
FORTIA. Force. In old English law. Force used by an accessary, to enable the principal to commit a crime, as by binding or holding a person while another killed him» or by aiding or counseling in any way, or commanding the act to be done. Bract fols. 138, 1386. According to Lord Coke, fortia was a word of art and properly signified the furnishing of a weapon of force to do the fact, and by force whereof the fact was com­mitted, and he that furnished it was not pres­ent when the fact was done. 2 Inst. 182. —Fortia frisca. Fresh force, (q. v.)
FORTILITY. In old English law. A fortified place; a castle; a bulwark. Cowell; 11 Hen. VII. c 18.
FORTIOR. Lat. Stronger. A term ap­plied, in the law of evidence, to that species of presumption, arising from facts shown In evidence, which is strong enough to shift the burden of proof to the opposite party. Bur-rill, Circ. Ev. 64, 66.
Fortior est cnstodia legis quam hom-Inis. 2 Rolle, 325. The custody of the law is stronger than that of man.
Fortior et potentior est dispositio legis quam. hominis. The disposition of the law is of greater force and effect than that of man. Co. Litt 234a; Shep. Touch. 302; 15 East, 178. The law in some cases overrides the will of the individual, and ren­ders ineffective or futile his expressed inten­tion or contract Broom, Max. 697.
FORTIORI. See A Fobtiobi.
FORTIS. Lat Strong. Fortis et sana, strong and sound; staunch and strong; as a vessel. Townsh. PI. 227.
FORTLETT. A place or port of some strength; a little fort. Old Nat Brev. 45.
FORTUIT. In French law. Accidental; fortuitous. Cos fortuit, a fortuitous event Fortuitment, accidentally; by chance.

FORTUITOUS
517 FOSSATORUM OPERATIO

FORTUITOUS. Accidental; undesigned; adventitious. Resulting from unavoidable physical causes.
—Fortuitous collision. In maritime law. The accidental running foul of vessels. Peters v. Warren Ins. Co., 14 Pet. 112, 10 L. Ed. 371. —Fortuitous event. In the civil law. That which happens by a cause which cannot be re­sisted. An unforeseen occurrence, not caused by either of the parties, nor such as they could prevent. In French it is called "cas for-tutt." Civ. Code La. art. 3556, no. 15. There is a difference between a fortuitous event, or in­evitable accident, and irresistible force. By the former, commonly called the "act of God," is meant any accident produced by physical causes which are irresistible; such as a loss by 'lightning or storms, by the perils of the seas, by inundations and earthquakes, or by sudden death or illness. By the latter is meant such an interposition of human agency as is, from its nature and power, absolutely uncon­trollable. Of this nature are losses occasioned by the inroads of a hostile army, or by pub­lic enemies. Story, Bailm. § 25.
FORTUNA. Lat. Fortune; also treas­ure-trove. Jacob.
Fortunam faciunt judicem. They make fortune the judge. Co. Ldtt. 167. Spoken of the process of making partition among coparceners by drawing lots for the several purparts.
FORTUNE-TELLERS. In English law. Persons pretending or professing to tell for­tunes, and punishable as rogues and vaga­bonds or disorderly persons. 4 Bl. Comm. 62.
FORTUNIUM. In old English law. A tournament or fighting with spears, and an appeal to fortune therein.
FORTY. In land laws and conveyancing, In those regions where grants, transfers, and deeds are made with reference to the subdi­visions of the government survey, this term means forty acres of land in the form of a square, being the tract obtained by quarter­ing a section of land (640 acres) and again quartering one of the quarters. Lente v. Clarke, 22 Fla. 515, 1 South. 149.
FORTY-DAYS COURT. In old English forest law. The court of attachment in for­ests, or wood-mote court
FORUM. Lat. A court of justice, or judicial tribunal; a place of jurisdiction ; a place where a remedy is sought; a place of litigation. 3 Story, 347.
In Roman law. The market place, or public paved court, in the city of Rome, where such public business was transacted as the assemblies of the people and the ju­dicial trial of causes, and where also elec­tions, markets, and the public exchange were held.
—Forum aetus. The forum of the act. The forum of the place where the act was done which, is now called in question.—Forum con-scientise. The forum or tribunal of con­science.—Forum eontentiosunu A contenti-
ous forum or court; a place of litigation; the ordinary court of justice, as distinguished from the tribunal of conscience. 3 Bl. Comm. 211. —Forum contractus. The forum of the con­tract; the court of the place where a contract is made; the place where a contract is made, considered as a place of jurisdiction. 2 Kent, Comm. 468.—Forum domesticum. A domes­tic forum or tribunal. The visitatorial power is called a "forum domesticum" calculated to determine, sine strepitu, all disputes that arise within themselves. 1 W. Bl. 82.—Forum domicilii. The forum or court of the domi­cile ; the domicile of a defendant, considered as a place of jurisdiction. 2 Kent, Comm. 463.— Forum ecclesiasticum. An ecclesiastical court. The spiritual jurisdiction, as distin­guished from the secular.—Forum ligeantias rei. The forum of defendant's allegiance. The court or jurisdiction of the country to which he owes allegiance.—Forum originis. The court of one's nativity. The place of a person's birth, considered as a place of jurisdiction.— Forum regium. The king's court. St. Westm. 2, c. 43.—Forum rei. This term may mean either (1) the forum of the defendant, that is, of his residence or domicile; or (2) the forum of the res or thing in controversy, that is, of the place where the property is situated. The ambiguity springs from the fact that rei may be the genitive of either reus or re*.—Forum rei gestae. The forum or court of a res gesta, (thing done;) the place where an act is done, considered as a place of jurisdiction and rem­edy. 2 Kent, Comm. 463.—Forum rei sitae. The court where the thing in controversy is situated. The place where the subject-matter in controversy is situated, considered as a place of jurisdiction. 2 Kent, Comm. 463.—Forum seculare. A secular, as distinguished from an ecclesiastical or spiritual, court.
FORURTH. In old records. A long slip of ground. Cowell.
FORWARDING MERCHANT, or FOR­WARDER. One who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a com­pensation from the owners, having no concern in the vessels or wagons by which they are transported, and no interest In the freight, and hot being deemed a common carrier, but a mere warehouseman and agent. Story, Bailm. §§ 502, 509. Schloss v. Wood, 11 Colo. 287, 17 Pac. 910; Ackley v. Kellogg, 8 Cow. (N. Y.) 224; Place v. Union Exp. Co., 2 Hilt. (N. Y.) 19; Bush v. Miller, 13 Barb. (N. Y.) 488.
FOSSA. In the civil law. A ditch; a receptacle of water, made by hand. Dig. 43, 14, 1, 5.
In old English law. A ditch. A pit full of water, in which women committing felony were drowned. A grave or sepulcher. Spel-man.
FOSSAGIUM. In old English law. The duty levied on the Inhabitants for repairing the moat or ditch round a fortified town.
FOSSATORUM OPERATIO. In old
English law. Fosse-work; or the service of laboring, done by Inhabitants and adjoining tenants, for the repair and maintenance of

FOSSATUM
518
FR.

the ditches round a city or town, for which some paid a contribution, called "fossagium." Oowell.
FOSSATUM. A dyke, ditch, or trench; a place inclosed by a ditch ; a moat; a canal.
FOSSE-WAT, or FOSSE. One of the
four ancient Roman ways through England. Spelman.
FOSSELLUM. A small ditch. Cowell.
FOSTERING. An ancient custom in Ire­land, in which persons put >away their chil­dren to fosterers. Fostering was held to be a stronger alliance than blood, and the foster children participated in the fortunes of their foster fathers. Mozley & Whitley.
FOSTERIiAND. Land given, assigned, or allotted to the finding of food or victuals for any person or persons; as in monasteries for the monks, etc. Cowell; Blount.
FOSTERLEAN. The remuneration fixed for the rearing of a foster child; also the jointure of a wife. Jacob.
FOUJDAR. In Hindu law. Under the Mogul government a magistrate of the police over a large district, who took cognizance of all criminal matters within his jurisdiction, and sometimes was employed as receiver gen­eral of the revenues. Wharton.
—Foiijdarry court. In Hindu law. A tri­bunal for administering criminal law.
FOUNDATION. The founding or build­ing of a college or hospital. The incorpora­tion or endowment of a college or hospital is the foundation; and he who endows it with land or other property is the founder. Dart­mouth College v. Woodward, 4 Wheat.-667, 4 L. Ed. 629; Seagrave's Appeal, 125 Pa. 362, 17 Atl. 412; Union Baptist Ass'n v. Hunn, 7 Tex. Civ. App. 249, 26 S. W. 755.
FOUNDED. Based upon; arising from, growing out of, or resting upon; as in the expressions "founded in fraud," "founded on a consideration," "founded on contract," and the like. See In re Grant Shoe Co,, 130 Fed. 881, 66 C. C. A. 78; State v. Morgan, 40 Conn. 46; Palmer v. Preston, 45 Vt. 158, 12 Am. Rep. 191; Steele v. Hoe, 14 Adol. & El. 431; In re Morales (D. C.) 105 Fed. 761.
FOUNDER. The person who endows an eleemosynary corporation or institution, or supplies the funds for its establishment. See Foundation.
FOUNDEROSA. Founderous; out of re­pair, as a road. Cro. Car. 366.
FOUNDLING. A deserted or exposed in­fant; a child found without a parent or
guardian, its relatives being unknown. It has a settlement in the district where found.
—Foundling hospitals. Charitable institu­tions which exist in most countries for taking care of infants forsaken by their parents, sucfi being generally the offspring of illegal connec­tions. The foundling hospital act in England is the 13 Geo. II. c 29.
FOUR. Fr. In old French law. An oven or bake-house. Four banal, an oven, owned by the seignior of the estate, to which the tenants were obliged to bring their bread for baking. Also the proprietary right to main­tain such an oven.
FOUR CORNERS. The face of a writ­ten instrument. That which is contained on the face of a deed (without any aid from the knowledge of the circumstances under which it is made) is said to be within its four cor­ners, because every deed is still supposed to be written on one entire skin, and so to have but four corners.
To look at the four corners of an instru­ment is to examine the whole of it, so as to construe it as a whole, without reference to any one part more than another. 2 Smith, Lead. Cas. 295.
FOUR SEAS. The seas surrounding Eng­land. These were divided into the Western, including the Scotch and Irish; the North­ern, or North sea; the Eastern, being the German ocean; the Southern, being th« British channel.
FOURCHER. Fr. To fork. This was a method of delaying an action anciently re­sorted to by defendants when two of them were joined in the suit Instead of appear­ing together, each would appear in turn and cast an essoin for the other, thus postponing the trial.
FOURIERISM. A form of socialism. See 1 Mill, Pol. Ec. 260.
FOWLS OF WARREN. Such fowls as are preserved under the game laws in war­rens. According to Manwood, these are partridges and pheasants. According to Coke, they are partridges, rails, quails, wood­cocks, pheasants, mallards, and herons. Co. Litt. 233.
FOX'S LIBEL ACT. In English law. This was the statute 52 Geo. III. c. 60, which secured to juries, upon the trial of indict­ments for libel, the right of pronouncing a general verdict of guilty or not guilty upon the whole matter in issue, and no longer bound them to find a verdict of guilty on proof of the publication of the paper charged to be a libel, and of the sense ascribed to it in the indictment. Wharton.
FOY. L. Fr. Faith; allegiance; fidelity.
FR. A Latin abbreviation for "fragmen-tum," a fragment, used In citations to the

FRAOTIO
519
FRANCHISE

Digest or Pandects in the Corpus Juris Ci-vilis of Justinian, the several extracts from juristic writings of which it is composed be­ing so called.
FRACTIO. Lat. A breaking; division; fraction; a portion of a thing less than the whole.
FRACTION. A breaking, or breaking up; a fragment or broken part; a portion of a thing, less than the whole. Jory v. Pal­ace Dry Goods Co., 30 Or. 196, 46 Pac. 786.
—Fraction of a day. A portion of a day. The dividing a day. Generally, the law does not allow the fraction of a day. 2 Bl. Comm. 141.
FRACTIONAL. As applied to tracts of land, particularly townships, sections, quar­ter sections, and other divisions according to the government survey, and also mining claims, this term means that the exterior boundary lines are laid down to include the whole of such a division or such a claim, but that the tract in question does not measure up to the full extent or include the whole acreage, because a portion of it is cut off by an overlapping survey, a river or lake, or some other external interference. See Tolles-ton Club v. State, 141 Ind. 197, 38 N. E. 214; Parke v. Meyer, 28 Ark. 287 ;• Goltermann v. Schiermeyer, 111 Mo. 404, 19 S. W. 487.
Fractionem diei non recipit lex. Lofft, 572. The law does not take notice of a por­tion of a day.
FRACTITIUM. Arable land. Mon. Angl.
FRACTURA NAVIUM. Lat The
breaking or wreck of ships; the same as naufragium, (q. v.)
FRAGMENTA. Lat Fragments. A name sometimes applied (especially in cita­tions) to the Digest or Pandects in the Cor­pus Juris Civilis of Justinian, as being made up of numerous extracts or "fragments" from the writings of various jurists. Mackeld. Rom. Law, § 74.
FRAIS. Fr. Expense; charges; costs. Frais (Pun prods, costs of a suit.
—Frais de Justice. In French and Canadian law. Costs incurred incidentally to the action. —Frais jusqn'a bond. Fr. In French com­mercial law. Expenses to the board; expenses incurred on a shipment of goods, in packing, cartage, commissions, etc., up to the point where they are actually put on board the vessel. Bar-tels v. Redfield (C. C.) 16 Fed. 336.
FRANC. A French coin of the value of a little over eighteen cents.
FRANC ALEU. In French feudal law. An allod; a free inheritance; or an estate held free of any services except such as were tee to the sovereign.
FRANCHILANUS. A freeman. Chart Hen. IV. A free tenant Spelman.
FRANCHISE. A special privilege con­ferred by government upon an individual or corporation, and which does not belong to the citizens of the country generally, of common right. It is essential to the character of a franchise that It should be a grant from the sovereign authority, and in this country no franchise can be held which is not derived from a law of the state. In England, a fran­chise is defined to be a royal privilege in the hands of a subject. In this country, it is a privilege of a public nature, which cannot 'be exercised without a legislative grant. See Bank of Augusta v. Earle, 13 Pet. 595, 10 L. Ed. 274; Dike v. State, 38 Minn. 366, 38 N. W. 95; Chicago Board of Trade v. People, 91 111. 82; Lasher v. People, 183 111. 226, 55 N. E. 663, 47 L. R. A. 802, 75 Am. St. Rep. 103; Southampton v. Jessup, 162 N. Y. 122, 56 N. B. 538; Thompson v. People, 23 Wend. (N. Y.) 578; Black River Imp. Co. v. Hol-way, 87 Wis. 584, 59 N. W. 126; Central Pac R. Co. v. California, 162 U. S. 91, 16 Sup. Ct 766, 40 L. Ed. 903; Chicago & W. I. R. Co. v. Dunbar, 95 111. 575; State v. Weather-by, 45 Mo. 20; Morgan v. Louisiana, 93 U. S. 223, 23 L. Ed. 860.
A franchise is a privilege or immunity of a public nature, which cannot be legally exercised without legislative grant. To be a corporation is a franchise. The various powers conferred on corporations are franchises. The execution of a policy of insurance by an insurance com­pany, and the issuing a bank-note by an incor­porated bank, are franchises. People v. Utica Ins. Co., 15 Johns. (N. Y.) 387, 8 Am. Dec. 243.
The word "franchise" has various significa­tions, both in a legal and popular sense. A corporation is itself a franchise belonging to the members of the corporation, and the cor­poration, itself a franchise, may hold other fran­chises. So, also, the different powers of a corporation, such as the right to hold and dis­pose of property, are its franchises. In a popu­lar sense, the political rights of subjects and citizens are franchises, such as the right of suffrage, etc. Pierce y. Emery, 32 N. H. 484.
The term "franchise" has several significa­tions, and there is some confusion in its use. When used with reference to corporations, the better opinion, deduced from the authorities, seems to be that it consists of the entire privi­leges embraced in and constituting the grant. It does not embrace the property acquired by the exercise of the franchise. Bridgeport v. New York & N. H. B, Co., 36 Conn. 255, 4 Am. Rep. 63.
—General and special. The charter of a corporation is its general" franchise, while a "special" franchise consists in any rights grant­ed by the public to use property for a public use but with private profit. Lord v. Equitable Life Assur. Soc. 194 N. Y. 212, 87 N. E. 443, 22 L. R. A. (N. S.) 420.—Elective franchise. The right of suffrage; the right or privilege of voting in public elections.—Franchise tax. A tax on the franchise of a corporation, that is, on the right and privilege of carrying on busi­ness in the character of a corporation, for the purposes for which it was created, and in the conditions which surround it. Though the value of the franchise, for purposes of taxation, may be measured by the amount of business done, or the amount of earnings or dividends, or by the total value of the capital or stock of the cor-

FRANCHISE {
poration in excess of its tangible assets, a fran­chise tax is not a tax on either property, capi­tal, stock, earnings, or dividends. See Home Ins. Co. v. New York, 134 U. S. 594, 10 S. Ct. 593, 33 L. Ed. 1025; Worth v. Petersburg R. Co., 89 N. C. 305; Tremont & Suffolk Mills v. Lowell, 178 Mass. 469, 59 N. B. 1007; Chicago & B. I. R. Co. v. State, 153 Ind. 134, 51 N. EL 924; Marsden Co. v. State Board of As­sessors, 61 N. J. Law, 461, 39 Atl. 638; People v. Knight, 174 N. Y. 475, 67 N. E. 65, 63 L. R. A. 87.—Personal franchise. A franchise of corporate existence, or one which authorizes the formation and existence of a corporation, is sometimes called a "personal" franchise, as dis­tinguished from a "property" franchise, which authorizes a corporation so formed to apply its property to some particular enterprise or exer­cise some special privilege in its employment, as, for example, to construct and operate a rail­road. See Sandham v. Nye, 9 Misc. Rep. 541, 30 N. Y. Supp. 552.—Secondary franchises. The franchise of corporate existence being some­times called the "primary" franchise of a cor­poration, its "secondary" franchises are the spe­cial and peculiar rights, privileges, or grants which it may receive under its charter or from a municipal corporation, such as the jight to use the public streets, exact tolls, collect fares, etc. 'See State v. Topeka Water Co., 61 Kan. 547, 60 Pac. 337; Virginia Canon Toll Road Co. v. People, 22 Colo. 429, 45 Pac. 398, 37 L. R. A. 711.
FRANCIA. France. Bract, fol. 4276.
FRANCIGENA. A man born in France. A designation formerly given to aliens in England.
FRANCUS. L. Lat Free; a freeman; a Frank. Spelman.
—Francns bancns. Free bench, (q. v.)— Francus homo. In old European law. A free man. Domesday.—Francns plegins. In
old English law. A frank pledge, or free pledge. See Frank-Pledge.—Francus tenens. A freeholder. See Fbank-Tenement.
FRANK, v. To send matter through the public mails free of postage, by a personal or official privilege.
FRANK, adj. In old English law. Free. Occurring in several compounds.
—Frank-almoigne. In English law. Free alms. A spiritual tenure whereby religious corporations, aggregate or sole, held lands of the donor to them and their successors forever. They were discharged of all other except reli­gious services, and the trinoda necessitas. It differs from tenure by divine service, in that the latter required the performance of certain divine services, whereas the former, as its name imports, is free. This tenure is expressly ex­cepted in the 12 Car. II. c 24, § 7, and there­fore still subsists in some few instances. 2 Broom & H. Comm. 203.—Frank bank. In old English law. Free bench. Litt. § 166; Co. Litt. 1106. See Fbee-Bench.—Frank-chase. A liberty of free chase enjoyed by any one, whereby all other persons having ground within that compass are forbidden to cut down wood, etc., even in their own demesnes, to the preju­dice of the owner of the liberty. Cowell. See Chase.—Frank-fee. Freehold lands exempt­ed from all services, but not from homage; lands held otherwise than in ancient demesne. That which a man holds to himself and his heirs, and not by such service as is required in ancient demesne, according to the custom of the manor. Cowell.—Frank ferm. In Enarlish
!0 FRATERIA
law. A species of estate held in socage, said by Britton to be "lands and tenements whereof th» nature of the fee is changed by feoffment out of chivalry for certain yearly services, and in respect whereof neither homage, ward, mar­riage, nor relief can be demanded." Britt. c 66; 2 Bl. Comm. 80.—Frank-fold. In old English law. Free-fold; a privilege for the lord to have all the sheep of his tenants and the inhabitants within his seigniory, in his fold, in his demesnes, to manure his land. Keilw. 198. —Frank-law. An obsolete expression signify­ing the rights and privileges of a citizen, or the liberties and civic rights of a freeman.— Frank-marriage. A species of entailed es­tates, in English law, now grown out of use, but still capable of subsisting. When tenements are given by one to another, together with a wife, who is a daughter or cousin of the donor, to hold in frank-marriage, the donees shall have the tenements to them and the heirs of their two bodies begotten, ?. e., in special tail. For the word "frank-marriage," ex vi termini, both creates and limits an inheritance, not only sup­plying words of descent, but also terms of procreation. The donees are liable to no serv­ice except fealty, and a reserved rent would be void, until the fourth degree of consanguinity be passed between the issues of the donor and donee, when they were capable by the law of the church of intermarrying. Litt. § 19; 2 Bl. Comm. 115.—Frank-pledge. In old English law. A pledge or surety for freemen; that is, the pledge, or corporate responsibility, of all the inhabitants of a tithing for the general good behavior of each free-born citizen above the age of fourteen, and for his being forthcoming to answer any infraction of the law. Termes de la Ley ; Cowell.—Frank-tenant. A freehold­er. Litt. § 91.—Frank-tenement. In Eng­lish law. A free tenement, freeholding, or free­hold. 2 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; Bract, fol. 207. Used to denote both the tenure and the estate.
FRANKING PRIVILEGE. The privi­lege of sending certain matter through the public mails without payment of postage, in pursuance of a personal or official privilege.
FEANKLEYN, (spelled, also, "Francling" and "Franklin.") A freeman; a freeholder; a gentleman. Blount; Cowell.
FRASSETUM. In old English law. A wood or wood-ground where ash-trees grow. Co. Litt. 4&.
FRATER. In the civil law. A brother. Frater consanguineus, a brother having the same father, but born of a different mother. Frater uterinus, a brother born of the same mother, but by a different father. Frater nutricius, a bastard brother.
Frater fratri nterino non snccedet in hsereditate paterna. A brother shall not succeed a uterine brother in the paternal in­heritance. 2 Bl. Comm. 223; Fortes, de Laud. c. 5. A maxim of the common law of England, now superseded by the statute 3 & 4 Wm. IV. c 106, § 9. See Broom, Max. 530.
FRATERIA. In old records. A frater­nity, brotherhood, or society of religious per­sons, who were mutually bound to pray for the good health and life, etc of their living

FRATERNAL
521
FRAUD

brethren, and the souls of those that were dead. Cowell.
FRATERNAL. Brotherly; relating or belonging to a fraternity or an association of persons formed for mutual aid and benefit, but not for profit
—Fraternal 'benefit association. A society or voluntary association organized and carried on for the mutual aid and benefit of its mem­bers, not for profit; which ordinarily has a lodge system, a ritualistic form of work, and a representative government, makes provision for the payment of death benefits, and (sometimes) for benefits in case of accident, sickness, or old age, the funds therefor being derived from dues paid or assessments levied on the members. National Union v. Marlow, 74 Fed. 778, 21 C. C. A. 89; Walker v. Giddings, 103 Mich. 344, 61 N. W. 512.—Fraternal insurance. The form of life (or accident) insurance furnished by a fraternal beneficial association, consisting in the payment to a member, or his heirs in case of death, of a stipulated sum of money, out of funds raised for that purpose by the payment of dues or assessments by all the members of the association.
FRATERNIA. A fraternity or brother­hood.
FRATERNITY. In old English law. "A corporation is an investing of the people of a place with the local government thereof, and therefore their laws shall bind strangers; but a fraternity is some people of a place united together in respect to a mystery or business into a company, and their laws and ordinances cannot bind strangers." Cuddon v. Eastwick, 1 Salk. 192.
FRATRES CONJTJRATI. Sworn broth­ers or companions for the defense of their sovereign, or for other purposes. Hoved. 445.
FRATRES PYES. In old English law. Certain friars who wore white and black garments. Walsingham, 124.
FRATRIAGE. A younger brother's In­heritance.
FRATRICIDE. One who has killed a brother or sister; also the killing of a broth­er or sister.
FRAUD. Fraud consists of some deceit­ful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As dis­tinguished from negligence, it is always posi­tive, intentional. Maher v. Hibernia Ins. Co., 67 N. Y. 292; Alexander v. Church, 53 Conn. 561, 4 Atl. 103; Studer v. Bleistein, 115 N. Y. 316, 22 N. E. 243, 7 L. R. A. 702'; Moore v. Crawford, 130 U. S. 122, 9 Sup. Ct 447, 32 L. Ed. 878; Fechheimer v. Baum (C. C.) 37 Fed. 167; U. S. v. Beach (D. C.) 71 Fed. 160; Gardner v. Heartt, 3 Denio (N. Y.) 232; Mon-
roe Mercantile Co. v. Arnold, 108 Ga. 449, 34 S. E. 176.
Fraud, as applied to contracts, is the cause of an error bearing on a material part of the contract, created or continued by artifice, with design to obtain some unjust advantage to the one party, or to cause an inconven­ience or loss to the other. Civil Code La. art. 1847.
Fraud, in the sense of a court of equity, properly includes all acts, omissions, and con­cealments which involve a breach of legal or equitable duty, trust, or confidence justly re­posed, and are injurious to another, or by which, an undue and unconscientious ad­vantage is taken of another. 1 Story, Eq. Jur. § 187.
Synonyms. The term "fraud" is sometimes used as synonymous with "covin," "collusion," or "deceit." But distinctions are properly taken in the meanings of these words, for which ref­erence may be had to the titles Covin; Coixtj-sion ; Deceit.
Classification. Fraud is either actual or constructive. Actual fraud consists in deceit, artifice, trick, design, some direct and active operation of the mind; it includes cases of the intentional and successful employment of any cunning, deception, or artifice used to circum­vent or cheat another; it is something said, done, or omitted by a person with the design of perpetrating what he knows to be a cheat or deception. Constructive fraud consists in any act of commission or omission contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury of another. Or, as otherwise defined, it is an act, statement or omission which operates as a virtual fraud on an individual, or which, if generally permitted, would be prejudicial to the public welfare, and yet may have been unconnected with any selfish or evil design. Or, according to Story, con­structive frauds are such acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate a positive fraud or injury upon other persons, are yet, by their tendency to deceive or mislead other persons, or to violate private or public confidence, or to impair or injure the public interests, deemed equally reprehensible with actual fraud. 1 Story, Eq. Jur. § 258. And see, generally, Code Ga. 1882, § 3173; People v. Kelly, 35 Barb. (N. Y.) 457; Jackson v. Jackson, 47 Ga. 99; Hatch v. Barrett, 34 Kan. 223, 8 Pac. 129; Forker v. Brown, 10 Misc. Rep. 161, 30 N. Y. Supp. 827; Massachusetts Ben. L. Ass'n v. Robinson, 104 Ga. 256, 30 S. E. 918, 42 L. R, A. 261; Haas v. Sternbach, 156 111. 44, 41 N. E. 51; Newell v. Wagness, 1 N. D. 62, 44 N. W. 1014; Carty v. Connolly, 91 Cal. 15, 27 Pac. 599.
Fraud is also classified as fraud in fact and fraud in law. The former is actual, positive, intentional fraud. Fraud disclosed by matters of fact, as distinguished from constructive fraud or fraud in law. McKibbin v. Martin, 64'Pa. 356, 3 Am. Rep. 588; Cook v. Burnham, 3 Kan. App. 27, 44 Pac. 447. Fraud in law is fraud in contemplation of law; fraud implied or inferred by law; fraud made out by con­struction of law, as distinguished from fraud found by a jury from matter of fact; con­structive fraud (q. v.) 'See 2 Kent, Comm. 512-532; Delaney v. Valentine, 154 N. Y. 692, 49 N. E. 65; Burr v. Clement, 9 Colo. 1, 9 Pac. 633.
Fraud is also said to be legal or positive. The former is fraud made out by legal construc­tion or inference, or the same thing as construc­tive fraud. Newell v. Wagness, 1 N. D. 62, 44

FRAUD
N. W. 1014. Positive fraud is the same thing as actual fraud. See Douthitt v. Applegate, 33 Kan. 395, 6 Pac. 575, 52 Am. Rej>. 533.
—Actionable fraud. See Actionable.— Frauds, statute of. This is the common designation of a very celebrated English statute, (29 Gar. II. c. 3,) passed m 1677, and which has been adopted, in a more or less modified form, in nearly all of the United States. Its chief characteristic is the provision that no suit or action shall be maintained on certain classes of contracts or engagements unless there shall be a note or memorandum thereof in writ­ing signed by the party to be charged or by his authorized agent. Its object was to close the door to the numerous frauds which were be­lieved to be perpetrated, and the perjuries which were believed to be committed, when such ob­ligations could be enforced upon no other evi­dence than the mere recollection of witnesses. It is more fully named as the "statute of frauds and perjuries."—Pious fraud. A subterfuge or evasion considered morally justifiable on ac­count of the ends sought to be promoted; par­ticularly applied to an evasion or disregard of the laws in the interests of religion or religious institutions, such as circumventing the statutes of mortmain.
FRAUDARE. Lat. In the civil law. To deceive, cheat, or impose upon; to defraud.
FRAUDULENT. Based on fraud; pro­ceeding from or characterized by fraud; tainted by fraud; done, made, or effected with a purpose or design to carry out a fraud.
—Fraudulent alienation. In a general sense, the transfer of property with an intent to defraud creditors, lienors, or others. In a particular sense, the act of an administrator who wastes the assets of the estate by giving them away or selling at a gross undervalue. Rhame v. Lewis, 13 Rich. Eq. (S. O.) 269.— Fraudulent alienee. One who knowingly receives from an administrator assets of the estate under circumstances which make it a fraudulent alienation on the part of the ad­ministrator. Id.—Fraudulent concealment. The hiding or suppression of a material fact or circumstance which the party is legally or morally bound to disclose. Magee v. Insurance Co., 92 U. S. 93, 23 L. Ed. 699; Page v. Park­er, 43 N. H. 367, 80 Am. Dec. 172; Jordan v. Pickett 78 Ala. 339; Small v. Graves, 7 Barb. (N. Y.) 578.—Fraudulent conveyance. A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach. Seymour v. Wilson, 14 N. Y. 569; Lock-yer v. De Hart, 6 N. J. Law, 458; Land v. Jeffries, 5 Rand. (Va.) 601; Blodgett v. Web­ster, 24 N. H. 103. Every transfer of property or charge thereon made, every obligation in­curred, and every judicial proceeding taken with intent to delay or defraud any creditor or other person of his demands, is void against all cred­itors of the debtor, and their successors in in­terest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor. Civ. Code Cal. § 3439 —Fraudulent conveyances, stat­utes of, or against. The name given to two celebrated English statutes,—the statute 13 Eliz. c. 5, made perpetual by 29 Eliz. c. 5; and the statute 27 Eliz. c. 4, made perpetual by 29 Eliz. c. 18.—Fraudulent preferences. In English law. Every conveyance or transfer of property or charge thereon made, every judgment made, every obligation incurred, and every judicial proceeding taken or suffered by any person un­able to pay his debts as they become due from his own moneys, in favor of any creditor, with a view of giving such creditor a preference over
22 FREDNITE
other^ creditors, shall be deemed fraudulent and void if the debtor become bankrupt within three months. 32 & 33 Vict. c. 71, § 92.—Fraudu­lent representation. A false statement, made with knowledge of its falsity, with the in­tention to persuade another or influence his ac­tion, and on which that other relies and by which he is deceived to his prejudice. See Wakefield Rattan Co. v. Tappan, 70 Hun, 405, 24 N. Y. Supp. 430; Montgomery St Ry. Co. v. Matthews, 77 Ala. 364, 54 Am. Rep. 60; Righter v. Roller, 31 Ark. 174; Page v. Parker, 43 N. H. 363, 80 Am. Dec. 172.
FRAUNC, FRAUNCHE, FRAUNKE.
See Frank.
FRAUNCHISE. L. Fr. A franchise.
FRAUS. Lat Fraud. More commonly called, in the civil law, "dolus," and "dolus malm," (q. v.) A distinction, however, was sometimes made between "fraus" and "dol­us j" the former being held to be of the most extensive import Calvin.
—Fraus dans locum contractu!. A misrep­resentation or concealment of some fact that is material to the contract, and had the truth re­garding which been known the contract would not have been made as made, is called a "fraud dans locum contractus;" i. e., a fraud occasion­ing the contract, or giving place or occasion for the contract.—Fraus legis. Lat In the civil law. Fraud of law; fraud upon law. See Iw Fbatjdem Legis.
Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 240; 1 Story, Eq. Jur. §§ 389, 390.
Fraus est odiosa et non preesumenda.
Fraud is odious, and not to be presumed. Cro. Car. 550.
Fraus et dolus nemini patrocinari de-bent. Fraud and deceit should defend or excuse no man. 3 Coke, 78; Fleta, lib. 1, c. 13, § 15; Id. lib. 6, c. 6, § 5.
Fraus et jus nunquam cohabitant.
Wing. 680. Fraud and justice never dwell together.
Fraus latet in generalibus. Fraud lies hid in general expressions.
Fraus meretur fraudem. Plowd. 100.
Fraud merits fraud.
FRAXINETUM. In old English law. A wood of ashes; a place where ashes grow. Co. Litt. 46; Shep. Touch. 95.
FRAY. See Aetbay.
FRECTUM. In old English law. Freight. Quoad frectum navium suarum, as to' the freight of his vessels. Blount
FREDNITE. In old English law. A lib­erty to hold courts and take up the fines for beating and wounding. To be free from fines. CowelL

FREDSTOLE
523
FREEHOLD

FREDSTOLE. Sanctuaries; seats of peace.
FREDUM. A fine paid for obtaining par­don when the peace had been broken. Spel-man; Blount. A sum paid the magistrate for protection against the right of revenge.
FREE. 1. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Used in this sense as opposed to "slave."
2.Not bound to service for a fixed term of years; in distinction to being bound as an apprentice.
3.Enjoying full civic rights.
4.Available to all citizens alike without charge; as a free school.
5.Available for public use without charge or toll; as a free bridge.
6.Not despotic; assuring liberty; defend­ing individual rights against encroachment by any person or class; instituted by a free people; said of governments, institutions, etc Webster.
7.Certain, and also consistent with an honorable degree in life; as free services, in the feudal law.
8.Confined to the person possessing, in­stead of being shared with others; as a free fishery.
9.Not engaged in a war as belligerent or ally; neutral; as in the maxim, "Free ships make free goods."
—Free alms. The name of a species of ten­ure. See Frank-Almoigne.—Free and clear. The title to property is said to be "free and clear" when it is not incumbered by any liens; but it is said that an agreement to convey land "free and clear" is satisfied by a conveyance passing a good title. Meyer v^ Madreperla, 68 N. J. Law, 258, 53 Atl. 477, 96 Am. St. Rep. 536.—Free-bench. A widow's dower out of copyholds to which she is entitled by the custom of some manors. It is regarded as an excrescence growing out of the husband's in­terest, and is indeed a continuance of his estate. Wharton.—Free-bord. In old records. An allowance of land over and above a certain limit or boundary, as so much beyond or with­out a fence. Cowell; Blount. The right of claiming that quantity. Termes de la Ley.— Free borough men. Such great men as did not engage, like the frank-pledge men, for their decennier. Jacob.—Free chapel. In English ecclesiastical law. A place of worship, so called because not liable to the visitation of the ordinary. It is always of royal foundation, or founded at least by private persons to whom the crown has granted the privilege. 1 Burn, Ecc. Law, 298.—Free conrse. In admiralty law. A vessel having the wind from a favor­able quarter is said to sail on a "free course," or said to be "going free" when she has a fair (following) wind and her yards braced in. The Queen Elizabeth (D C.) 100 Fed. 876.—Free entry, egress, and regress. An expression used to denote that a person has the right to go on land again and again as often as may be reasonably necessary. Thus, in the case ,of a tenant entitled to emblements.—Free aahery. See Fishery.—Free law. A term formerly used in England to designate the free-
dom of civil rights enjoyed by freemen. It was liable to forfeiture on conviction of treason or an infamous crime. McCafferty v. Guyer, 59 Pa. 116.—Free services. In feudal and old English law. Such feudal services as were not unbecoming the character of a soldier or a free­man to perform; as to serve under his lord in the wars, to pay a sum of money, and the like. 2 Bl. Comm. 60, 61.—Free sharehold­ers. The free shareholders of a building and loan association are subscribers to its capital stock who are not borrowers from the associa­tion. Steinberger v. Independent B. & S. Ass'n, 84 Md. 625, 36 Atl. 439.—Free ships. In international law. Ships of a neutral na­tion. The phrase "free ships shall make free goods" is often inserted in treaties, meaning that goods, even though belonging to an. enemy, shall not be seized or confiscated, if found in neutral ships. Wheat. Int. Law, 507, et seq.«— Free socage. See Socage.—Free tenure. Tenure by free services; freehold tenure-Free warren. See Waeben.
FREE ON BOARD. A sale of goods "free on board" imports that they are to be delivered on board the cars, vessels, etc., without expense to the buyer for packing, cartage, or other such charges.
In a contract for sale and delivery of goods "free on board" vessel, the seller is under no obligation to act until the buyer names the ship to which the delivery is to be made. Dwight v. Eckert, 117 Pa. 508, 12 Atl. 32.
FREEDMAN. In Roman law. One who was set free from a state of bondage; an emancipated slave. The word is used in the same sense in the United States, respecting negroes who were formerly slaves. Fairfield v. Lawson, 50 Conn. 513, 47 Am. Rep. 669; Davenport v. Caldwell, 10 S. C. 333.
FREEDOM. The state of being free; liberty; self-determination; absence of re­straint ; the opposite of slavery.
The power of acting, in the character of a moral personality, according to the dictates of the will, without other check, hindrance, or prohibition than such as may be imposed by just and necessary laws and the duties of social life.
The prevalence, in the government and con­stitution of a country, of such a system of laws and institutions as secure civil liberty to the individual citizen.
—Freedom of speech and of the press.
See Liberty.
FREEHOLD. An estate in land or other real property, of uncertain duration; that is, either of inheritance or which may possibly last for the life of the tenant at the least, (as distinguished from a leasehold;) and held by a free tenure, (as distinguished from copy­hold or villeinage.) Nevitt v. Woodburn, 175 111. 376, 51 N. E. 593; Railroad Co. v. Hemp­hill, 35 Miss. 22; Nellis v. Munson, 108 N. Y. 453, 15 N. E. 739; Jones v. Jones, 20 Ga. 700.
Such an interest in lands of frank-tenement as may endure not only during the owner's life, but which is cast after his death upon the persons who successively represent him, ac­cording to certain rules elsewhere explained.

FREEHOLD
524
FRENDWITE

Such persons are called "heirs," and he whom they thus represent, the "ancestor." When the interest extends beyond the ancestor's life, it is called a "freehold of inheritance," and, when it only endures for the ancestor's life, it is a freehold not of inheritance.
An estate to be a freehold must possess these two qualities: (1) Immobility, that is, the property must be either land or some interest issuing out of or annexed to land; and (2) indeterminate duration, for, if the utmost peri­od of time to which an estate can endure be fixed and determined, it cannot be a freehold. Wharton.
—Determinable freeholds. Estates for life, which may determine upon future contingen­cies before the life for which they are created expires. As if an estate be granted to a wo­man during her widowhood, or to a man until he be promoted to a benefice; in these and similar cases, whenever the contingency hap­pens,—when the widow marries, or when the gTantee obtains the benefice,—the respective estates are absolutely determined and gone. Yet, while they subsist, they are reckoned es­tates for life; because they may by possibility last for life, if the contingencies upon which they are to determine do not sooner happen. 2 Bl. Oomm. 121.—Freehold in law. A free­hold which has descended to a man, upon which he may enter at pleasure, but which he has not entered on. Termes de la Ley.—Free­hold land societies. Societies in England designed for the purpose of enabling mechan­ics, artisans, and other working-men to pur­chase at the least possible price a piece of freehold land of a sufficient yearly value to entitle the owner to the elective franchise for the county in which the land is situated. Whar­ton.—Freeholder. A person who possesses a freehold estate. Shively v. Lankford, 174 Mo. 535, 74 S. W. 835; Wheldon v. Cornett, 4 Neb. (Unof.) 421. 94 N. W. 626; People v Scott, 8 Hun (N. Y} 567.
FREEMAN. This word has had various meanings at different stages of history. In the Roman law, it denoted one who was either born free or emancipated, and was the opposite of "slave." In feudal law, it designated an allodial proprietor, as distin­guished from a vassal or feudal tenant. (And so in Pennsylvania colonial law. Fry's Elec­tion Case, 71 Pa. 308, 10 Am. Rep. 698.) In old English law, the word described a free­holder or tenant by free services; one who was not a villein. In modern legal phrase­ology, it is the appellation of a member of a city or borough having the right of suffrage, or a member of any municipal corporation invested with full civic rights.
A person in the possession and enjoyment of all the civil and political rights accorded to the people under a free government.
—Freeman's roll. A list of persons admitted as burgesses or freemen for the purposes of the rights reserved by the municipal corpora­tion act, (5 & 6 Wm. IV. c. 76.) Distinguished from the Burgess Roll. 3 Steph. Comm. 197. The term was used, in early colonial history, in some of the American colonies.
FREIGHT. Freight is properly the price or compensation paid for the transportation of goods by a carrier, at sea, from port to port. But the term is also used to denote the hire paid for the carriage of goods on land from place to place, (usually by a rail­road company, not an express company,) or
on inland streams or lakes. The name is also applied to the goods or merchandise transported by any of the above means. Brit-tan v. Barnaby, 21 How. 533, 16 L. Ed. 177; Huth ?. Insurance Co., 8 Bosw. (N. Y.) 552; Christie v. Davis Coal Co. (D. C) 95 Fed. 838; Hagar v. Donaldson, 154 Pa. 242, 25 AtL 824; Paradise v. Sun Mut Ins. Co., 6 La. Ann. 596.
Property carried is called "freight;" the reward, if any, to be paid for its carriage is called "freightage;" the person who de­livers the freight to the carrier is called the "consignor;" and the person to whom it is to be delivered is called the "consignee." Civil Code Cal. I 2110; Civil Code Dak. | 1220.
The term "freight" has several different mean­ings, as the price to be paid for the carnage of goods, or for the hire of a vessel under a charter-party or otherwise; and sometimes it designates goods carried, as "a freight of lime," or the like. But, as a subject of in­surance, it is used in one of the two former senses. Lord v. Neptune Ins. Co., 10 Gray (Mass.) 109.
The sum agreed on for the hire of a ship, en­tirely or in part, for the carriage of goods from one port to another. 13 East, 300. All re­wards or compensation paid for the use of ships. Giles v. Cynthia, 1 Pet Adm. 206, Fed. Oas. No. 5,424.
Freight is a compensation received for the transportation of goods and merchandise from port to port; and is never claimable by the owner of the vessel until the voyage has been performed and terminated. Patapsco Ins. Co. v. Biscoe, 7 Gill & J. (Md.) 300, 28 Am. Dec. 319.
"Dead freight" Is money payable by a per­son who has chartered a ship and only partly loaded her, in respect of the loss of freight caused to the ship-owner by the deficiency of cargo. L. R. 2 H. L. Sc. 12a
Freight is the mother of wages. 2
Show. 283; 3 Kent, Comm. 196. Where a voyage is broken up by vis major, and no freight earned, no wages, eo nomine, are due.
FREIGHTER. In maritime law. The party by whom a vessel is engaged or charter­ed; otherwise called the "charterer." 2 Steph. Comm. 148. In French law, the owner of a vessel is called the "freighter," (freteur;) the merchant who hires it is called the "af­freighter," (affreteur.) Emerig. Tr. des Ass. eh. 11, § 3.
FRENCHMAN. In early times, in Eng­lish law, this term was applied to every stranger or "outlandish" man. Bract lib. 3, tr. 2, c. 15.
FRENDLESMAN. Sax. An outlaw. So called because on his outlawry he was denied all help of friends after certain days. Cow-ell ; Blount
FRENDWITE. In old English law. A mulct or fine exacted from him who harbor* ed an outlawed friend. Co well; Tomlins.

FRENETICUS
525
FRISCUS

FRENETICUS. In old English law. A madman, or person in a frenzy. Fleta, lib. 1, c. 36.
FREOBORGH. A free-surety, or free-pledge. Spelman. See Fbank-Pledgk.
FREQUENT, v. To visit often; to re­sort to often or habitually. Green v. State, 109 Ind. 175, 9 N. E. 781; State v. Ah Sam, 14 Or. 347, 13 Pac. 303.
Frequentia actus multum operatur.
The frequency of an act effects much. 4 Coke, 78; Wing. Max. p. 719, max. 192. A continual usage is of great effect to establish a right
FRERE. Fr. A brother. Frere eyrie, elder brother. Frere puisne, younger broth­er. Britt c. 75.
FRESCA. In old records. Fresh water, or rain and land flood.
FRESH. Immediate; recent; following without any material interval.
—Fresh, disseisin. By the ancient common law, where a man had been disseised, he was allowed to right himself by force, by ejecting the disseisor from the premises, without resort to law, provided this was done forthwith, while the disseisin was fresh, {flagrante disseisina.) Bract fol. 1626. No particular time was lim­ited for doing this, but Bracton suggested it should be fifteen days. Id. fol. 163. See Britt. cc. 32, 43, 44, 65.—Fresh fine. In old English law. A fine that had been levied within a year past. St. Westm. 2, c. 45; Oowell.—Fresh force. Force done within forty days. Fitzh. Nat. Brev. 7; Old Nat. Brev. 4. The heir or reversioner in a case of disseisin by fresh force was allowed a remedy in chancery by bill before the mayor. Cowell.—Fresh pursuit. A pur­suit instituted immediately, and with intent to reclaim or recapture, after an animal es­caped, a thief flying with stolen goods, etc. People v. Pool, 27 Cal. 578; White v. State, 70 Miss. 253, 11 South. 632.—Fresh suit. In old English law. Immediate and unremit­ting pursuit of an escaping thief. "Such a present and earnest following of a robber as never ceases from the time of the robbery until apprehension. # The party pursuing then had back again his goods, which otherwise were forfeited to the crown." Staundef. P. C. lib. 3, cc. 10, 12; 1 Bl. Comm. 297.
FRESHET. A flood, or overflowing of a river, by means of rains or melted snow; an inundation. Stover v. Insurance Co., 3 Phila. (Pa.) 42; Harris v. Social Mfg. Co., 9R.L 99, 11 Am. Rep. 224.
FRET. Fr. In French marine law. Freight. Ord. Mar. liv. 3, tit. 3.
FRETER. Fr. In French marine law. To freight a ship; to let it Emerig. Tr. des Ass. c. 11, $ 1.
FRETEUR. Fr. In French marine law. Freighter. The owner of a ship, who lets it to the merchant Emerig. Tr. des Ass. c. 11, 13.
FRETTUM, FRECTUM. In old English law. The freight of a ship; freight money. Cowell.
FRETUM. Lat A strait
—Fretum Britannicum. The strait 'be­tween Dover and Calais.
FRIARS. An order of religious persons, of whom there were four principal branches, viz.: (1) Minors, Grey Friars, or Francis­cans; (2) Augustines; (3) Dominicans, or Black Friars; (4) White Friars, or Carmel­ites, from whom the rest descend. Wharton.
FRIBUSCULUM. In the civil law. A temporary separation between husband and wife, caused by a quarrel or estrangement but not amounting to a divorce, because not accompanied with an intention to dissolve the marriage.
FRIDBORG, FRITHBORG. Frank­pledge. Cowell. Security for the peace. Spelman.
FRIDHBURGUS. In old English law. A kind of frank-pledge, by which the lords or principal men were made responsible for their dependents or servants. Bract fol. 1246.
FRIEND OF THE COURT. See Amicus Curiae.
FRIENDLESS MAN. In old English law. An outlaw; so called because he was denied all help of friends. Bract lib. 3, tr. 2, c 12.
FRIENDLY SOCIETIES. In English law. Associations supported by subscrip­tion, for the relief and maintenance of the members, or their wives, children, relatives, and nominees, in sickness, infancy, advanced age, widowhood, etc. The statutes regulat­ing these societies were consolidated and amended by St. 38 & 39 Vict c. 60. Whar­ton.
FRIENDLY SUIT. A suit brought by a creditor in chancery against an executor or administrator, being really a suit by the ex­ecutor or administrator, in the name of a creditor, against himself, in order to compel the creditors to take an equal distribution of the assets. 2 Williams, Ex'rs, 1915.
Also any suit instituted by agreement be­tween the parties to obtain the opinion of the court upon some doubtful question in which they are interested.
FRIGIDITY. Impotence. Johnson.
FRILINGI. Persons of free descent, or freemen born; the middle class of persons among the Saxons. Spelman.
FRISCUS. Fresh uncultivated ground. Mon. Angl. t. 2, p. 56. Fresh; not salt Reg. Orig. 97. Recent or new. See Fbbsh, and sub-titles thereunder.

FRITH
526 FRUCTUS PENDENTES

FRITH*. Sax. .Peace, security, or protec­tion. This word occurs in many compound terms used in Anglo-Saxon law.
—Fritbborg. Frank-pledge. Cowell.—Fritn-bote. A satisfaction or fine for a breach of the" peace.—Fritbbreach. The breaking of the peace.—Fritbgar. The year of jubilee, or of meeting for peace and friendship.—Fritb-gilda. Guildhall; a company or fraternity for the maintenance of peace and security; al­so a fine for breach of the peace. Jacob.— Fritbman. A member of a company or fra­ternity.—Frithsocne. Surety of defense. Ju­risdiction of the peace. The franchise of pre­serving the peace. Also spelled "fnthsoken." —Frithsplot. A spot or plot of land, encircl­ing some stone, tree, or well, considered sa­cred, and therefore affording sanctuary to crim­inals.—Frithstool. The stool of peace. A stool or chair placed in a church or cathedral, and which was the symbol and place of sanc­tuary to those who fled to it and reached it.
FRIVOLOUS. An answer or plea is called "frivolous" when it is clearly insuffi­cient on its face, and does not controvert the material points of the opposite pleading, and is presumably interposed for mere pur­poses of delay or to embarrass the plaintiff. Erwin v. Lowery, 64 N. C. 321; Strong v. Sproul, 53 N. Y. 499; Gray v. Gidiere, 4 Strob. (S. C.) 442; Peacock v. Williams (O. C.) 110 Fed. 916.
A frivolous demurrer has been defined to be one which is so clearly untenable, or its insufficiency so manifest upon a bare in­spection of the pleadings, that its character may be determined without argument or re­search. Cottrill v. Cramer, 40 Wis. 558.
Synonyms. The terms "frivolous" and "sham," as applied to pleadings, do not mean the same thing. A sham plea is good on its face, but false in fact; it may, to all appear­ances, constitute a perfect defense, but is a pretence because false and because not plead­ed in good faith. A frivolous plea may be per­fectly true in its allegations, but yet is liable to be stricken out because totally insufficient in substance. Andrea? v. Bandler (Sup.) 56 N. Y. Supp. 614; Brown v. Jenison, 1 Code R. N. S. (N. Y.) 157.
FRODMORTEL, or FREOMORTEL.
An immunity for committing manslaughter. Mon. Angl. t. 1, p. 173.
FRONTAGE—FRONTAGER. In Eng­lish law a frontager is a person owning or occupying land which abuts on a highway, river, sea-shore, or the like. The term is generally used with reference to the liability of frontagers on streets to contribute to­wards the expense of paving, draining, or other works on the highway carried out by a local authority, in proportion to the front­age of their respective tenements. Sweet.
The term is also in a similar sense In American law, the expense of local improve­ments made by municipal corporations (such as paving, curbing* and sewering) being gen­erally assessed on abutting property owners in proportion to the "frontage" of their lots on the street or highway, and an assess­ment so levied being called a "frontage as-
sessment" Neenan v. Smith, 50 Mo. 531; Lyon v. Tonawanda (C. C.) 98 Fed. 366.
FRONTIER. In international law. That portion of the territory of any country which lies close along the border line of an­other country, and so "fronts" or faces it The term means something more than the boundary line itself, and includes a tract or strip of country, of indefinite extent, con­tiguous to the line. Stoughton v. Mott, 15 Vt. 169.
FRUCTUARIUS. Lat. In the civil law. One who had the usufruct of a thing; i. e., the use of the fruits, profits, or in­crease, as of land or animals. Inst. 2, 1, 36, 38. Bracton applies it to a lessee, fermor, or farmer of land, or one who held lands ad firmam, for a farm or term. Bract fol. 261.
FRUCTUS. Lat. In the civil law. Fruit fruits; produce; profit or increase; the or­ganic productions of a thing.
The right to the fruits of a thing belong­ing to another.
The compensation which a man receives from another for the use or enjoyment of a thing, such as interest or rent See Mackeld. Rom. Law, § 167; Inst. 2, 1, 35, 37; Dig. 7, 1, 33; Id. 5, 3, 29; Id. 22, 1, 34.
—Fructus civiles. All revenues and recom­penses which, though not Jruits, properly speak­ing, are recognized as such by the law. The term includes such things as the rents and in­come of real property, interest on money loan­ed, and annuities. Civ. Code La. 1900, art 545.—Fructus fundi. The fruits (produce or yield) of land.—Fructus industriales. In­dustrial fruits, or fruits of industry. Those fruits of a thing, as of land, which are pro­duced by the labor and industry of the occu­pant, as crops of grain; as distinguished from such as are produced solely by the powers of nature. Emblements are so called in the com­mon law. 2 Steph. Comm. 258; 1 Chit. Gen. Pr. 92. Sparrow v. Pond, 49 Minn. 412, 52 N. W. 36, 16 L. R, A, 103, 32 Am. St. Rep. 571; Purner v. Piercy, 40 Md. 223, 17 Am. Rep. 591; Smock v. Smock, 37 Mo. App. 64.— Fructus naturales. Those products which are produced by the powers of nature alone; as wool, metals, milk, the young of animals. Sparrow v. Pond, 49 Minn. 412, 52 N. W. 36, 16 L. R. A. 103, 32 Am. St. Rep. 571.— Fructus pecudum. The produce or increase of flocks or herds.—Fructus pendentes. Hanging fruits; those not severed. The fruits united with the thing which produces them. These form a part of the principal thing.— Fructus rei alienee. The fruits of another's property; fruits taken from another's estate. —Fructus separati. Separate fruits; the fruits of a thing when they are separated from it. Dig. 7, 4, 13.—Fructus stantes. Stand­ing fruits; those not yet severed from the stalk or stem.
Fructus augent bsereditatem. The
yearly increase goes to enchance the inherit­ance. Dig. 5, 3, 20, 3.
Fructus pendentes pars fundi viden-tnr. Hanging fruits make part of the land. Dig. 6, 1, 44; 2 Bouv. Inst no. 1578.

PBUCTUS PERCEPTOS 627
FUER

Fructus perceptos villas non esse con­stat. Gathered fruits do not make a part of the farm. Dig. 19, 1, 17, 1; 2 Bouv. Inst no. 157a
FRUGES. In the civil law. Anything produced from vines, underwood, chalk-pits, stone-quarries. Dig. 50, 16, 77.
Grains and leguminous vegetables. In a more restricted sense, any esculent growing in pods. Vicat, Voc. Jur.; Calvin.
FRUIT. The produce of a tree or plant which contains the seed or is used for food.
This term, in legal acceptation, is not confined to the produce of those trees which in popular language are called "fruit trees," but applies also to the produce of oak, elm, and walnut trees. Bullen v. Denning, 5 Barn. & C. 847.
—Civil fruits, in the civil law (fructus oivttes) are such things as the rents and income of real property, the interest on money loaned, and annuities. Civ. Code La. 1900, art. 545.—Fruit fallen. The produce of any possession de­tached therefrom, and capable of being en­joyed by itself. Thus, a next presentation, when a vacancy has occurred, is a fruit fallen from the advowson. Wharton.—Fruits of crime. In the law of evidence. Material ob­jects acquired by means and in consequence of the commission of crime, and sometimes con­stituting the subject-matter of the crime. Bur-rill, Oirc. Ev. 445; 3 Benth. Jud. Ev. 31.— Natural fruits. . The produce of the soil, or of fruit-trees, bushes, vines, etc., which are edible or otherwise useful or serve for the re­production of their species. The term is used in contradistinction to "artificial fruits," t. e., such as by metaphor or analogy are likened to the fruits of the earth. Of the latter, in­terest on money is an example. See Civ. Code La. 1900, art 545.
Frumenta quae sata sunt solo cedere intelliguntur. Grain which is sown is un­derstood to form a part of the soil. Inst. 2, 1, 32.
FRUMENTUM. In the civil law. Grain. That which grows in an ear. Dig. 50, 16, 77.
FRUMGYIJ). Sax. The first payment made to the kindred of a slain person in rec­ompense for his murder. Blount.
FRUMSTOLL. Sax. In Saxon law. A chief seat, or mansion house. Cowell.
FRUSCA TERRA. In old records. Un­cultivated and desert ground. 2 Mon. Angl. 327; Cowell.
FRTJSSURA. A breaking; plowing. Cowell.
Frustra agit qui judicium prosequi nequit cum eflectu. He sues to no purpose who cannot prosecute his judgment with ef­fect, [who cannot have the fruits of his judg­ment.] Fleta, lib. 6, c. 37, § 9.
Frustra [vana] est potentia quae nun--quant venit in aotum. That power is to
no purpose which never comes Into act, or which is never exercised. 2 Coke, 51.
Frustra ezpectatur eventus cujus ef-fectus nullus sequitur. An event is vain­ly expected from which no effect follows.
Frustra f eruntur leges nisi subditis et obedientibus. Laws are made to no pur­pose, except for those that are subject and obedient. Branch, Princ.
Frustra fit per plura, quod fieri potest per pauciora. That is done to no purpose by many things which can be done by fewer. Jenk. Cent. p. 68, case 28. The employment of more means or instruments for effecting a thing than are necessary is to no purpose.
Frustra legis auxillum invocat [quae-rit] qui in legem committit. He vainly invokes the aid of the law who transgresses the law. Fleta, lib. 4, c. 2, § 3; 2 Hale, P. C. 386; Broom, Max. 279, 297.
Frustra petis quod mox es restiturus.
In vain you ask that which you will have immediately to restore. 2 Karnes, Eq. 104; 5 Man. & G. 757.
Frustra petis quod statim alter! red-dere cogeris. Jenk. Cent. 256. You ask in vain that which you might Immediately be compelled to restore to another.
Frustra probatur quod probatum non relevat. That is proved to no purpose which, when proved, does not help. Halk. Lat. Max. 50.
FRUSTRUM TERR.ZE. A piece or par* eel of land lying by Itself. Co. Lift. 56.
FRUTECTUM. In old records. A place overgrown with shrubs and bushes. Spel-man; Blount.
FRTJTOS. In Spanish law. Fruits; products; produce; grains; profits. White, New Recop. b. 1, tit. 7, c. 5, § 2.
FRYMITH. In old English law. The affording harbor and entertainment to any one.
FRYTHE. Sax. In old English law. A plain between woods. Co. Litt. 56.
An arm of the sea, or a strait between two lands. Cowell.
FUAGE, FOCAGE. Hearth money. A tax laid upon each fire-place or hearth. An Imposition of a shilling for every hearth, levied by Edward III. in the dukedom of Aquitaine. Spelman; 1 Bl. Comm. 324.
FUER. In old English law. Flight. It is of two kinds: (1) Fuer in fait, or in facto, where a person does apparently and corporally flee; (2) fuer in ley, or in lege,

FUERO [
when, being called in the county court, he does not appear, which legal interpretation makes flight. Wharton.
FUERO. In Spanish law. A law; a code.
A general usage or custom of a province, having the force of law. Strother v. Lucas, 12 Pet. 446, 9 L. Ed. 1137. Ir contra fuero, to violate a received custom.
A grant of privileges and immunities. Conceder fueros, to grant exemptions.
A charter granted to a city or town. Also designated as "cartas pueblas."
An act of donation made to an individual, a church, or convent, on certain conditions.
A declaration of a magistrate, in relation to taxation, fines, etc.
A charter granted" by the sovereign, or those having authority from him, establish­ing the franchises of towns, cities, etc.
A place where justice is administered.
A peculiar forum, before which a party is amenable.
The jurisdiction of a tribunal, which is entitled to take cognizance of a cause; as fuero ecclesiastico, fuero militar. See Schm. Civil Law, Introd. 64.
—Fuero de Castilla. The body of laws and customs which formerly governed the Castilians. —Fuero de correos y caminos. A special tribunal taking cognizance of all matters relat­ing to the post-office and roads.—Fuero de guerra. A special tribunal taking cognizance of all matters in relation to persons serving in the army.—Fuero de marina. A special tri­bunal taking cognizance of all matters relat­ing to the navy and to the persons employed therein.—Fuero Juzgo. The Forum Judicium; a code of laws established in the seventh cen­tury for the Visigothic kingdom in Spain. Some of its principles and rules are found sur­viving in the modern jurisprudence of that country. Schm. Civil Law, Introd. 28.—Fuero municipal. The body of laws granted to a city or town for its government and the ad­ministration of justice.—Fuero Real. The title of a code of Spanish law promulgated by Al-phonso the Learned, {el Sabto,) A. D. 1265. It was the precursor of the Partidas. Schm. Civil Law, Introd. 67.—Fuero Viejo. The title of a compilation of Spanish law, published about A. D. 992. Schm. Civil Law, Introd. 65.
FTJGA CATALLORUM. In old English law. A drove of cattle. Blount.
FUGACIA. A chase. Blount.
FUGAM FECIT. Lat He has made flight; he fled. A clause inserted in an In­quisition, in old English law, meaning that a person indicted for treason or felony had fled. The effect of this is to make the party forfeit his goods absolutely, and the profits of his lands until he has been par­doned or acquitted.
FUGATOR. In old English law. A priv­ilege to hunt Blount.
A driver. Fugatores carrucarum, drivers pf wagons. Fleta, lib. 2, c. 78.
58 FULL
FTJGITATE. In Scotch practice. To outlaw, by the sentence of a court; to out­law for non-appearance In a criminal case. 2 Alis. Crim. Pr. 350.
—Fugitation. When a criminal does not obey the citation to answer, the court pronounces sentence of fugitation against him, which in­duces a forfeiture of goods and chattels to the crown.
FUGITIVE. One who flees; always used In law with the implication of a flight, eva­sion, or escape from some duty or penalty or from the consequences of a misdeed.
—Fugitive from justice. A person who, having committed a crime, flies from the state or country where it transpired, in order to evade arrest and escape justice. Roberts v^ Reilly, 116 U. S. 80, 6 Sup. Ct. 291, 29 L. Ed. 541; State v. Hall, 115 N. 0. 811, 20 S. E. 729, 28 L. R. A. 289, 44 Am. St. Rep. 501; In re Voorhees, 32 N. J. Law, 150; State v. Olough, 71 N. H. 594, 53 Atl. 1086, 67 L. R. A. 946; People v. Hyatt, 172 N. Y. 176, 64 N. E. 825, 60 L. R, A. 774, 92 Am. St. Rep. 706. —Fugitive offenders. In English law. Where a person accused of any offense punish­able by imprisonment, with hard labor for twelve months or more, has left that part of his majesty's dominions where the offense is alleged to have been committed, he is liable, if found in any other part of his majesty's dominions, to be apprehended and returned in manner provided by the fugitive offenders' act, 1881, to the part from which he is a fugitive. Wharton.—Fugitive slave. One who, held in bondage, flees from his master's power.—Fugi­tive slave law. An act of congress passed in 1793 (and also one enacted in 1850) provid­ing for the surrender and deportation of slaves who escaped from their masters and fled into the territory of another state, generally a "free" state.
FUGITIVUS. In the civil law. A fugi­tive; a runaway slave. Dig. 11, 4; Cod. 6, 1. See the various definitions of this word in Dig. 21, 1, 17.
FUGUES. Fr. In medical jurispru­dence. Ambulatory automatism. See Au­tomatism.
FULL. Ample; complete; perfect; ma­ture; not wanting in any essential quality. Mobile School Com'rs v. Putnam, 44 Ala. 537; Reed v. Hazleton, 37 Kan. 321, 15 Pac. 177; Quinn v. Donovan, 85 111. 195.
—Full age. The age of legal majority, twen­ty-one years at common law, twenty-five in the civil law. 1 Bl. Comm. 463; Inst. 1, 23, pr. —Full answer. In pleading. A complete and meritorious answer; one not wanting in any essential requisite. Bentley v. Cleaveland, 22 Ala. 817; Durham v. Moore, 48 Kan. 135, 29 Pac. 472.—Full blood. A term of relation, denoting descent from the same couple. Broth­ers and sisters of full blood are those who are born of the same father and mother, or, as Jus­tinian calls them, "ex utroque parente conjuno-ti." Nov. 118, cc. 2, 3; Mackeld. Rom. Law, 1 145. The more usual term in modern law is whole blood," (q. v.)—Full copy. In equity practice. A complete and unabbreviated tran­script of a bill or other pleading, with all in­dorsements, and including a copy of all exhibits. Finley v. Hunter, 2 Strob. Eq. (S. C.) 210, note. —Full court. In practice. A court in banc A court duly organized with all the judges pres-

PULL
529
FUND

ent—Full covenants. See Covenant.—Full defense. In pleading. The formula of de­fense in a plea, stated at length and without abbreviation, thus: "And the said C D., by B. P., his attorney; comes and defends the force (or wrong) and injury when and where it shall behoove him, and the damages, and whatsoever else he ought to defend, and says," etc. Steph. PL p. 481.—Full faith and credit. In the constitutional provision that full faith and cred­it shall be given in each state to the public acts, records, and judicial proceedings of every other state, this phrase means that a judgment or record shall have the same faith, credit, con­clusive effect, and obligatory force in other states as it has by law or usage in the state from whence taken. Christmas v. Russell, 5 Wall. 30t 18 L. Ed. 475; McBUmoyle v. Cohen, 13 Pet. 326, 10 L. Ed. 177; Gibbons y. Living­ston, 6 N. J. Law, 275; Brengle v. McClellan, 7 Gill & J. (Md.) 438.—Full indorsement. See Indorsement.—Full jurisdiction. Com­plete jurisdiction over a given subject-matter or class of actions (as, in equity) without any ex­ceptions or reservations. Bank of Mississippi v. Duncan. 52 Miss. 740.—Full life. Life in fact and in law. See In Full Life.—Full proof. In the civil law. Proof by two wit­nesses, or a public instrument. Hallifax, Civil Law, b. 3, c. 9, nn. 25, 30; 3 Bl. Comm, 370. Evidence which satisfies the minds of the jury of the truth of the fact in dispute, to the entire exclusion of every reasonable doubt. Kane v. Hibernia Mut. F. Ins. Co., 38 N. J. Law, 450, 20 Am. Rep. 409.—Full right. The union of a good title with actual possession.
FULLUM AQU2E. A fleam, or stream of water. Blount
FULLY ADMINISTERED. The English equivalent of the Latin phrase "plene admin-istravit;" being a plea by an executor or ad­ministrator that he has completely and legal­ly disposed of all the assets of the estate, and has nothing left out of which a new claim could be satisfied. See Ryans v. Boogh-er, 169 Mo. 673, 69 S. W. 1048.
FUMAGE. In old English law. The same as fuage, or smoke farthings. 1 BL Comm. 324. See Fuage.
FUNCTION. Office; duty; fulfillment of a definite end or set of ends by the correct adjustment of means. The occupation of an office. By the performance of its duties, the officer is said to fill his function. Dig. 32, 65, 1. See State v. Hyde, 121 Ind. 20, 22 N. E. 644.
FUNCTIONAL DISEASE. In medical jurisprudence. One which prevents, ob­structs, or interferes with the due perform­ance of its special functions by any organ of the body, without anatomical defect or ab­normality in the organ itself. See Higbee v. Guardian Mut L. Ins. Co., 66 Barb. (N. Y.) 472. Distinguished from "organic" disease, which is due to some injury to, or lesion or malformation in, the organ in question.
FUNCTIONARY. A public officer or em­ploys. An officer of a private corporation Is also sometimes so called, Bl.Law Dict.(2d Ed.)—34
FUNCTUS OFFICIO. Lat Having ful­filled the function, discharged the office, or accomplished the purpose, and therefore of no further force or authority. Applied to an officer whose term has expired, and who has consequently no further official authority; and also to an instrument power, agency, etc., which has fulfilled the purpose of its creation, and is therefore of no further vir­tue or effect.
FUND, v. To capitalize with a view to the production of interest Stephen v. Mil-nor, 24 N. J. Eq. 376. Also, to put into the form of bonds, stocks, or other securities, bearing regular interest, and to provide or appropriate a fund or permanent revenue for the payment thereof. Merrill v. Monticello (C. C.) 22 Fed. 596.
—Funded debt. To fund a debt is to pledge a specific fund to keep down the interest and reduce the principal. The term "fund" was originally applied to a portion of the national ^revenue set apart or pledged to the payment of a particular debt. Hence, as applied to the pecuniary obligations of states or municipal cor­porations, a funded debt is sone for the pay­ment of which (interest and principal) some fund is appropriated, either specifically, or by provision made for future taxation and the quasi pledging in advance of the public revenue. Ketchum v. Buffalo, 14 N. Y. 356; People v. Carpenter, 31 App. Div. 603, 52 N. Y. Supp. 781. As applied to the financial management of corporations (and sometimes of estates in course of administration or properties under receiver­ship) funding means the borrowing of a suffi­cient sum of money to discharge a variety of floating or unsecured debts, or debts evidenced by notes or secured by bonds but maturing with­in a short time, and creating a new debt in lieu thereof, secured by a general mortgage, a series of bonds, or an issue of stock, generally ma­turing at a more remote period, and often at a lower rate of interest. The new debt thus substituted for the pre-existing debts is called the "funded debt." See Ketchum v. Buffalo, 14 N. Y. 356; People v. Carpenter, 31 App. Div. 603, 52 N. Y. Supp. 781; Lawrey v. Ster­ling, 41 Or. 518, 69 Pac. 460. This term is very seldom applied to the debts of a private individual; but when so used it must be under­stood as referring to a debt embodied in se­curities of a permanent character and to the payment of which certain property has been ap­plied or pledged. Wells v. Wells (Super. N. Y.) 24 N. Y. Supp. 874.—Funding system. The practice of borrowing money to defray the ex­penses of government, and creating a "sinking fund," designed to keep down interest, and to effect the gradual reduction of the principal debt Merrill v. Monticello (C. C.) 22 Fed. 596.
FUND, n. A sum of money set apart for a specific purpose, or available for the pay­ment of debts or claims.
In its narrower and more usual sense, "fund" signifies "capital," as opposed to "interest" or "income;" as where we speak of a corporation funding the arrears of interest due on its bonds, or the like, meaning that the interest is capital­ized and made to bear interest in its turn until it is repaid. Sweet.
In the plural, this word has a variety of slightly different meanings, as follows:
1. Money in hand; cash; money available for the payment of a debt, legacy, etc. Ga-

FUND
530 FURIOSUS NULLUM NEGOTIUM

lena Ins. Co. t. Kupfer, 28 111. 335, 81 Am. Dec. 284.
2.. The proceeds of sales of real and per­sonal estate, or the proceeds of any other as­sets converted Into money. Doane v. Insur­ance Co., 43 N. J. Eq. 533, 11 Atl. 739.
3.Corporate .stocks or government securi­ties; in this sense usually spoken of as the "funds."
4.Assets, securities, bonds, or revenue of a state or government appropriated for the discharge of its debts.
—No funds. This term denotes a lack of as­sets or money for a specific use. It is the return made by a bank to a check drawn upon it by a person who has no deposit to his credit there; also by an executor, trustee, etc., who has no assets for the specific purpose.—Public funds. An untechnical name for (1) the rev­enue or money of a government, state, or mu­nicipal corporation; (2) the bonds, stocks, or other securities of a national or state govern­ment.—Sinking fund. The aggregate of sums of money (as those arising from particular taxes or sources of revenue) set apart and invested, usually at fixed intervals, for the extinguish­ment of the debt of a government or corpora­tion, by the accumulation of interest. Elser v. Ft Worth (Tex. Civ. App.) 27 S. W. 740; Union Pac. R. Co. v. Buffalo County Com'rs, 9 Neb. 449, 4 N. W. 53; Brooke v. Philadel­phia, 162 Pa. 123, 29 Atl. 387, 24 L. R. A. 781. —General fund. This phrase, in New York, is a collective designation of all the assets of the state which furnish the means for the sup­port of government and for defraying the dis­cretionary appropriations of the legislature. People v. Orange County Sup'rs, 27 Barb. (N. Y.) 575, 588.
FUNDAMENTAL ERROR. See Ebeob.
FUNDAMENTAL LAW. The law which determines the constitution of government in a state, and prescribes and regulates the manner of its exercise; the organic law of a state; the constitution.
FUNDAMUS. We found. One of the words by which a corporation may be created in England. 1 Bl. Comm. 473; 3 Steph. Comm. 173.
FUNDATIO. Lat A founding or foun­dation. Particularly applied to the creation and endowment of corporations. As applied to eleemosynary corporations such as colleges and hospitals, it is said that "fundatio in­cipient" is the. incorporation or grant of cor­porate powers, while "fundatio perficiens" is the endowment or grant or gift of funds or revenues. Dartmouth College v. Woodward, 4 Wheat. 667, 4 L. Ed. 629.
FUNDATOR. A founder, (q. v.)
FUNDI PATRIMONIALES. Lands Of inheritance.
FUNDITORES. Pioneers. Jacob.
FUNDUS. In the civil and old English law. Land; land or ground generally; land,
without considering its specific use; land, In­cluding buildings generally; a farm.
FUNERAL EXPENSES. Money expend­ed in procuring the interment of a corpse.
FUNGIBLE THINGS. Movable goods which may be estimated and replaced accord­ing to weight, measure, and number. Things belonging to a class, which do not have to be dealt with in specie.
Those things one specimen of which is as good as another, as is the case with half-crowns, or pounds of rice of the same quality. Horses, slaves, and so forth, are non-fungible things, because they differ individually in value, and cannot be exchanged indifferently one for an­other. Holl. Jur. 88.
Where a thing which is the subject of an ob­ligation (which one man is bound to deliver to another) must be delivered in specie, the thing is not fungible; that very individual thing, and not another thing of the same or another class, in lieu of it, must be delivered. Where the subject of the obligation is a thing of a given class, the thing is said to be fungible; *. «., the delivery of any object which answers to the generic description will satisfy the terms of the obligation. Aust Jur. 483, 484.
FUNGIBILES RES. Lat. In the civil law. Fungible things. See that title.
FUR. Lat. A thief. One who stole se­cretly or without force or weapons, as op­posed to robber.
—Fur manifestus. In the civil law. A man­ifest thief. A thief who is taken in the very act of stealing.
FURANDI ANIMUS. Lat. An inten­tion of stealing.
FURCA. In old English law. A fork. A gallows or gibbet. Bract fol. 56.
—Furca et flagellum. Gallows and whip. Tenure ad fwrcam et flagellum, tenure by gal­lows and whip. The meanest of servile tenures, where the bondman was at the disposal of his lord for life and limb. Cowell.—Furca et fos­sa. Gallows and pit, or pit and gallows. A term used'in ancient charters to signify a juris­diction of punishing thieves, viz., men by hang­ing, women by drowning. Spelman; Cowell.
FURIGELDUM. A fine or mulct paid for theft.
Furiosi nulla voluntas est. A madman has no will. Dig. 50, 17, 40; Broom, Max. 314.
FURIOSITY. In Scotch law. Madness, as distinguished from fatuity or idiocy.
FURIOSUS. Lat. An insane man; a madman; a lunatic.
Furiosus absentis loco est. A madman Is the same with an absent person, [that is, his presence is of no effect] Dig. 50, 17, 24, 1.
Furiosus nullum negotium contrahere potest. A madman can contract nothing, [can hiake no contract] Dig. 50, 17, 5.

FURIOSUS SOLO FURORE 531
FURTUM

Furiosus solo furore punitur. A mad­man is punished by his madness alone; that is, he is not answerable or punishable for his actions. Co. Litt 247&; 4 Bl. Comm. 24, 396; Broom, Max. 15.
Furiosus stipulare noa potest nee ali-quid aegotium agere, qui non intelligit quid agit. 4 Coke, 126. A madman who knows not what he does cannot make a bar­gain, nor transact any business.
FURIilNGUS. A furlong, or a furrow one-eighth part of a mile long. Co. Litt 5&.
FURLONG. A measure of length, be­ing forty poles, or one-eighth of a mile.
FURIiOUGH. Leave of absence; espe­cially, leave given to a military or naval of­ficer, or soldier or seaman, to be absent from service for a certain time. Also the docu­ment granting leave of absence.
FURNAGE. See FoBNAGruM; Foub.
FURNISH. To supply; provide; pro­vide for use. Delp v. Brewing Co., 123 Pa. 42, 15 Atl. 871; Wyatt v. Larimer & W. Irr. Co., 1 Colo. App. 480, 29 Pac. 906. As used in the liquor laws, "furnish" means to pro­vide in any way, and includes giving as well as selling. State v. Freeman, 27 Vt. 520; State v. Tague, 76 Vt 118, 56 Atl. 535.
FURNITURE. This term includes that which furnishes, or with which anything is furnished or supplied; whatever must be supplied to a house, a room, or the like, to make it habitable, convenient, or agreeable; goods, vessels, utensils, and other append­ages necessary or convenient for housekeep­ing; whatever is added to the interior of a house or apartment, for use or convenience. Bell v. Golding, 27 Ind. 173.
The term "furniture" embraces everything about the house that has been usually enjoyed therewith, including plate, linen, china, and pic­tures. Bndicott v. Endicott, 41 N. J. Eq. 96, 3 Atl. 157.
The word "furniture" made use of in the dis­position of the law, or in the conventions or acts of persons, comprehends only such furni­ture as is intended for use and ornament of apartments, but not libraries which happen to be there, nor plate. Civ. Code La. art. 477.
—Furniture of a ship. This term includes everything with which a ship requires to be fur­nished or equipped to make her seaworthy; it comprehends all articles furnished by ship-chandlers, which are almost innumerable Wea­ver v. The S G Owens, 1 Wall. Jr. 369. Fed. Cas. No. 17,310—Household furniture. This term, in a will, includes all personal chat­tels that may contribute to the use or conven­ience of the householder, or the ornament of the house; as plate, linen, china, both useful and ornamental, and pictures. But goods in trade, books, and wines will not pass by a be­quest of household furniture. 1 Rop. Leg. 203.
FURNIVAIi'S INN. Formerly an inn of chancery. See Inns of Chancebt.
Furor eontrahi matrimonium non, sinit, quia consensu opus est. Insanity
prevents marriage from being contracted, be­cause consent is needed. Dig. 23, 2, 16, 2; 1 Ves. & B. 140; 1 Bl. Comm. 439; Wight-man v. Wightman, 4 Johns. Ch. (N. Y.) 343, 345.
FURST AND FONDUNG. In old Eng­lish law. Time to advise or take counsel, Jacob.
FURTHER. In most of its uses in law, this term means additional, though occas-sionally it may mean any, future, or other See London & S. F. Bank v. Parrott, 125 Cal. 472, 58 Pac. 164, 73 Am. St. Rep. 64; Hitchings v. Van Brunt, 38 N. Y. 338; Fifty Associates v. Howland, 5 Cush. (Mass.) 218; O'Fallon r. Nicholson, 56 Mo. 238; Pennsyl­vania Co. v. Loughlin, 139 Pa. 612, 21 Atl. 163.
—Further advance. A second or subsequent loan of money to a mortgagor by a mortgagee, either upon the same security as the original loan was advanced upon, or an additional se­curity. Equity considers the arrears of inter­est on a mortgage security converted into prin­cipal, by agreement between the parties, as a further advance. Wharton.—Further assur­ance, covenant for. See Covenant.—Further consideration. In English practice, upon a motion for judgment or application for a new trial, the court may, if it shall be of opinion that it has not sufficient materials before it to enable it to give judgment, direct the motion to stand over for further consideration, and di­rect such issues or questions to be tried or de­termined, and such accounts and inquiries to be taken and made, as it may think fit Rules Sup. Ct. xl, 10.—Further directions. When a master ordinary in chancery made a report in pursuance of a decree or decretal order, the cause was again set down before the judge who made the decree or order, to be proceeded with. Where a master made a separate report, or one not in pursuance of a decree or decretal order, a petition for consequential directions had to be presented, since the cause could not be set down for further directions under such circum­stances. See 2 Daniel], Ch. Pr. (5th Ed.) 1233, note.—Further hearing. In practice. Hear­ing at another time.—Further maintenance of action, plea to. A plea grounded upon some fact or facts which have arisen since the commencement of 'the suit, and which the de­fendant puts forward for the purpose of showing that the plaintiff should not further maintain his action. Brown.
FURTHERANCE. In criminal law, fur­thering, helping forward, promotion, or ad­vancement of a criminal project or conspir­acy. Powers v. Comm., 114 Ky. 237, 70 S. W. 652.
FURTIVE. In old English law. Stealth­ily ; by stealth. Fleta, lib. 1, c. 38, § 3.
FURTUM. Lat. Theft. The fraudulent appropriation to one's self of the property of another, with an intention to commit theft without the consent of the owner. Fleta, 1. 1, c. 36; Bract, fol. 150; 3 Inst 107.
The thing which has been stolen. Bract. fol. 151.
—Furtum, conceptum. In Roman law. The theft which was disclosed where, upon search-

FURTUM
532
FYRD

ing any one in the presence of witnesses in due form, the thing stolen was discovered iD his possession.—Furtum grave. In Scotch law. An aggravated degree of theft, anciently punish­ed with death. It still remains an open point what amount of value raises the theft to this serious denomination. 1 Broun, 352, note. See 1 Swint. 467.—Furtum manifestum. Open theft Theft where a thief is caught with the property in his possession. Bract, fol. 1506. —Furtum-oblatum. In the civil law. Offer­ed theft. Oblatum furtum dicitur cum res fur~ tiva ab aliquo ttbi oblata sit, eaque apud te conoepta sit. Theft is called "oblatum" when a thing stolen is offered to you by any one, and found upon you. Inst. 4, 1, 4.
Furtum est contrectatio rei aliense fraudulenta, cum animo furandi, invito illo domino cujus res ilia fuerat. 3 Inst. 107. Theft is the fraudulent handling of an­other's property, with an intention of steal­ing, against the will of. the proprietor, whose property it was.
Furtum non est ubi initium habet de-tentionis per dominium rei. 3 Inst. 107. There is no theft where the foundation of the detention is based upon ownership of the thing.
FUSTIGATTO. In old English law. A beating with sticks or clubs; one of the an­cient kinds of- punishment of malefactors. Bract fol. 1046, lib. 3, tr. 1, cl 6.
FUSTIS. In old English law. A staff, used in making livery of seisin. Bract, fol. 40.
A baton, club, or cudgel.
FUTURE DEBT. In Scotch law. A debt which is created, but which will not be­come due till a future day. 1 Bell, Cbmm. 815.
FUTURE ESTATE. See Estate.
FUTURES. This term has grown out of those purely speculative § transactions, in which there is a nominal contract of sale for
future delivery, but where in fact none is ever intended or executed. The nominal seller does not have or expect to have th« stock or merchandise he purports to sell, nor does the nominal buyer expect to receive it or to pay the price. Instead of that, a per­centage or margin is paid, which is increas­ed or diminished as the market rates go up or down, and accounted for to the buyer. King v. Quidnick Oo., 14 R. I. 138; Lemon-ius v. Mayer, 71 Miss. 514, 14 South. 33; Plank v. Jackson, 128 Ind. 424, 26 N. E. 568.
FUTURI. Lat. Those who are to be. Part of the commencement of old deeds. "Sciant prcesentes et futuri, quod ego talis, dedi et concessi" etc., (Iiet all men now liv­ing and to come know that I, A. B., have, etc.) Bract fol. 34o.
FUZ, or FUST. A Celtic word, meaning a wood or forest
FYHTWITE. One of the fines incurred for homicide.
FYKE. A bow-net for catching fish. Pub. St Mass. 1882, p. 1291.
FYXE. In old Scotch law. To defile; to declare foul or defiled. Hence, to find a prisoner guilty.
FYI.IT. In old Scotch practice. Fyled; found guilty. See Fra.
FYRD. Sax. In Anglo-Saxon law. The military array or land force of the whole country. Contribution to the fyrd was one of the imposts forming the trinoda necessi-tas. (Also spelled "ferd" and "fiM.")
—Fyrdfare. A summoning forth to join a military expedition; a summons to join the fyrd or army.—Fyrdsoene, (or fyrdsoken.) Exemption from military duty; exemption from service in the /yrtf.—Fyrdwite. A fine impos­ed for neglecting to join the fyrd when sum­moned. Also a fine imposed for murder com­mitted in the army; also an acquittance of such fine.

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