F, punishment, English law. Formerly felons were branded and marked with a 
hot iron, with this letter, on being admitted to the benefit of clergy. 

FACIO UT DES. A species of contract in the civil law, 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. Com. 445. 

FACIO UT FACIAS. A species of contract in the civil law, 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. Com. 444. 

FACT. An action; a thing done. It is either simple or compound.
     2. A fact is simple when it expresses a purely material act unconnected 
with any moral qualification; for example, to say Peter went into his house, 
is to express a simple fact. A compound fact contains the materiality of the 
act, and the qualification which that act has in its connexion with morals 
and, the law. To say, then, that Peter has stolen a horse, is to express a 
compound fact; for the fact of stealing, expresses at the same time, the 
material fact of taking the horse, and of taking him with the guilty 
intention of depriving the owner of his property and appropriating it to his 
own use; which is a violation of the law of property. 
     3. Fact is also put in opposition to law; in every case which has to 
be tried there are facts to be established, and the law which bears on those 
     4. Facts are also to be considered as material or immaterial. Material 
facts are those which are essential to the right of action or defence, and 
therefore of the substance of the one or the other - these must always be 
proved; or immaterial, which are those not essential to the cause of action 
- these need not be proved. 3 Bouv. Inst. n. 3150-53. 
     5. Facts are generally determined by a jury; but there are many facts, 
which, not being the principal matters in issue, may be decided by the 
court; such, for example, whether a subpoena has or has not been served; 
whether a party has or has not been summoned, &c. As to pleading material 
facts, see Gould. Pl. c. 3, s. 28. As to quality of facts proved, see 3 
Bouv. Inst. n. 3150. Vide Eng. Ecc. R. 401-2, and the article Circumstances. 

FACTO. In fact, in contradistinction to the lawfulness of the thing; it is 
applied to anything actually done. Vide Ex Post Facto. 

FACTOR, contracts. An agent employed to sell goods or merchandise consigned 
or delivered to him by, or for his principal, for a compensation commonly 
called factorage or commission. Paley on Ag. 13; 1 Liverin. on Ag. 68; Story 
on Ag. Sec. 33; Com. Dig. Merchant, B; Mal. Lex Merc. 81; Beawes, Lex Merc. 
44; 3 Chit. Com. Law, 193; 2 Kent, Com. 622, note d, 3d. ed.; 1 Bell's Com. 
385, Sec. 408, 409; 2 B. & Ald. 143. He is also called a commission merchant, 
or consignee. 
     2. When he resides in the same state or country with his principal, he 
is called a home factor; and a foreign factor when he resides in a different 
state or country. 3 Chit. Com. Law, 193; 1 T. R. 112; 4 M. & S. 576; 1 
Bell's Com. 289, Sec. 313. 
     3. When the agent accompanies the ship, taking a cargo aboard, and it 
is consigned to him for sale, and he is to purchase a return cargo out of 
the proceeds, such agent is properly called a factor; he is, however, 
usually known by the name of a supercargo. Beawes, Lex More. 44, 47; Liverm. 
on Ag. 69, 70; 1 Domat, b. 1, t. 16, Sec. 3, art. 2. 
     4. A factor differs from a broker, in some important particulars, 
namely; he may buy and sell for his principal in his own name, as well as in 
the name of his principal; on the contrary, a broker acting as such should 
buy and sell in the name of his principal. 3 Chit. Com. Law, 193, 210, 541; 
2 B. & Ald. 143, 148; 8 Kent, Com. 622, note d, 3d. ed. Again, a factor is 
entrusted with the possession, management, disposal, and control of the 
goods to be bought and sold, and has a special property and a lien on them; 
the broker, on the contrary, has usually no such possession, management, 
control, or disposal of the goods, nor any such special property nor lien. 
Paley on Ag. 13, Lloyd's ed; 1 Bell's Com. 385. 
     5. Before proceeding further it will be proper to consider the 
difference which exists in the liability of a home or domestic factor and a 
foreign factor. 
     6. By the usages of trade, or intendment of law, when domestic factors 
are employed in the ordinary business of buying and selling goods, it is 
presumed that a reciprocal credit between, the principal and the agent and 
third persons has been given. When a purchase has been made by such a 
factor, he, as well as his principal, is deemed liable for the debt; and in 
case of a sale, the buyer is responsible both to the factor and principal 
for the purchase money; but this presumption may be rebutted by proof of 
exclusive credit. Story, Ag. Sec. 267, 291, 293; Paley, Ag. 243, 371; 9 B. & 
C. 78; 15 East, R. 62. 
     7. Foreign factors, or those acting for principals residing in a 
foreign country, are held personally liable upon all contracts made by them 
for their employers, whether they describe themselves in the contract as 
agents or not. In such cases, the presumption is, that the credit is given 
exclusively to the factor. But this presumption may be rebutted by a proof 
of a contrary agreement. Story, Ag. Sec. 268; Paley, Ag. 248, 373; Bull. N. 
P. 130; Smith, Merc. Law, 66; 2 Liverm. Ag. 249; 1 B. & P. 398; 15 East, R. 
62; 9 B. & C. 78. 
     8. A factor is liable to duties, which will be first considered; and, 
afterwards, a statement of his rights will be made. 
     9.-1. His duties. He is required to use reasonable skill and ordinary 
diligence in his vocation; in general, he has a right to sell the goods, but 
he cannot pawn them. The latter branch of this rule, however, is altered by 
statute in some of the states. See Act of Penna. April 14, 1834, Sec. 3, 4, 
6, postea[?], 20. He is bound to obey his instructions, but when he has none,
he may and ought to act according to the general usages of trade sell for 
cash, when that is usual, or give credit on sales, when that is customary. 
He is bound to render a just account to his principal, and to pay him the 
moneys he may receive for him. 
    10.-2. His rights. He has the right to sell the goods in his own name; 
and, when untrammeled by instructions, he may sell them at such times and 
for such prices, as, in the exercise of a just discretion, he may think best 
for his employer. 3 Man. Gran. & Scott, 380. He is, for many purposes, 
between himself and third persons, to be considered as the owner of the 
goods. He may, therefore, recover the price of goods sold by him, in his own 
name, and, consequently, he may receive payment and give receipts, and 
discharge the debtor, unless, indeed, notice has been given by the 
principal to the debtor not to pay. He has a lien on the goods for advances 
made by him, and for his commissions. 
    11. Mr. Bell, in his Commentaries, vol. 1, page 265, 5th ed., lays down 
the following rules with regard to the rights of the principal, in those 
cases in which the goods in the factor's hands have been changed in the 
course of his transactions. 
    12.-1. When the factor has sold the goods of his principal, and failed 
before the price of the goods has been paid, the principal is the creditor, 
and. entitled to a preference over the creditors of the factor. Cook's B. L. 
4th ed. p. 400. 
    13.-2. When bills have been taken for the price, and are still in the 
factor's hands, undiscounted at his failure; or where goods have been taken 
in return for those sold; the principal is entitled to them, as forming no 
part of the divisible fund. Willes, R. 400. 
    14.-3. When the price has been paid in money, coin, bank notes, &c., 
it remains the property of the principal, if kept distinct as his. 5 T. R. 
277; 2 Burr. 1369 5 Ves. Jr. 169; 2 Mont. B. L. 233, notes. 
    15.-4. When a bill received for goods, or placed with the factor, has 
been discounted, or when money coming into his hands has been paid away, the 
endorsee of the bill, or the person receiving the money, will be free from 
all claim at the instance of the principal. Vide 1 B. & P. 539, 648. 
    16.-5. When the factor sinks the name of the principal entirely; as, 
where he is employed to sell goods, and receives a del credere commission, 
for which he engages to guarantee the payment to the principal, it is not 
the practice to communicate the names of the purchasers to the principal, 
except where the factor fails. Under these circumstances, the following 
points have the principal is the creditor of the buyer, and has a direct 
action against him for the price. Cook's B. L. 400; and vide Bull. N. P. 42; 
2 Stra. 1182. But persons contracting with the factor in his own name, and 
bona fide, are entitled to set off the factor's debt to them. 7 T. R. 360. 
2. Where the factor is entrusted with the money or property of his principal 
to buy stock, bills, and the like, and misapplies it, the produce will be 
the principal's, if clearly distinguishable. 8 M. & S. 562. 
    17.-6. When the factor purchases goods for the behalf of his 
principal, but on his own general, current account, without mention of the 
principal, the goods vest in the factor, and the principal has only an 
obligation against the factor's estate. But when the factor, after 
purchasing the goods, writes to his principal that he has bought such a 
quantity of goods in consequence of his order, and that they are lying in 
his warehouse, or elsewhere, the property would seem to be vested in the 
    18. It may therefore be laid down as a general rule, that when the 
property remitted by the principal, or acquired for him by his order, is 
found distinguishable in the hands of the factor, capable of being traced by 
a clear and connected chain of identity, in no one link of it degenerating 
from a specific trust into a general debt, the creditors of the factor, who 
has become bankrupt, have no right to the specific property. Much 
discrimination is requisite in the application of this doctrine, as may be 
seen by the case of Ex parte Sayers, 5 Ves. Jr. 169. 
    19. A factor has no right to barter the goods of his principal, nor to 
pledge them for the purpose of raising money for himself, or to secure a 
debt he may owe. See ante, 9-1. But he may pledge them for advances made to 
his principal, or for the purpose of raising money for him, or in order to 
reimburse himself to the amount of his own lien. 2 Kent, Com. 3d. ed., 625 
to 628; 4 John. R. 103; Story on Bailm. Sec. 325, 326, 327. Another 
exception to the general rule that a factor cannot pledge the goods of his 
principal, is, that he may raise money by pledging the goods, for the payment 
of duties, or any other charge or purpose allowed or justified by the 
usages of trade. 2 Gall. 13; 6 Serg. & Rawle, 386; Paley on Ag. 217; 3 Esp. 
R. 182. 
    20. The legislature of Pennsylvania, by an act entitled "An act for the 
amendment of the law relating to factors passed April 14, 1834, have made 
the following provisions. This act was prepared by the persons appointed to 
revise the civil code of that state, and was adopted without alteration by 
the legislature. It is here inserted, with a belief that it will be found 
useful to the commercial lawyer of the other states. 
    21.-1. Whenever any person entrusted with merchandise, and having 
authority to sell or consign the same, shall ship, or otherwise transmit 
the same to any other person, such other person shall have a lien thereon. 
    22.-I. For any money advanced, or negotiable security given by him on 
the faith of such consignment, to or for the use of the person in whose name 
such merchandise was shipped or transmitted. 
    23.-II. For any money or negotiable security, received for the use of 
such consignee, by the person, in whose name such merchandise was shipped or 
    24.-2. But such lien shall not exist for any of the purposes 
aforesaid, if such consignee shall have notice by the bill of lading, or 
otherwise, before the time of such advance or receipt, that the person in 
whose name such merchandise was shipped or transmitted, is not the actual 
owner thereof. 
    25.-3. Whenever any consignee or factor, having possession of 
merchandise, with authority to sell the same, or having possession of any 
bill of lading, permit, certificate, receipt, or order, for the delivery of 
merchandise, with the like authority, shall deposit or pledge such 
merchandise, or any part thereof, with any other person, as a security for 
any money advanced, or negotiable instrument given by him on the faith 
thereof; such other person shall acquire, by virtue of such contract, the 
same interest in, and authority over, the said merchandise, as, he would 
have acquired thereby if such consignee or factor had been the actual owner 
thereof. Provided, That such person shall not have notice by such document 
or otherwise, before the time of such advance or receipt, that the holder of 
such merchandise or document is not the actual owner of such merchandise. 
    26.-4. If any person shall accept or take such merchandise or document 
from any such consignee or factor, in deposit or pledge for any debt or 
demand previously due by, or existing against, such consignee or factor, and 
without notice as aforesaid, and if any person shall accept or take such 
merchandise or document from any such consignee or factor, in deposit or 
pledge, without notice or knowledge that the person making such deposit or 
pledge, is a consignee or factor only, in every such case the person 
accepting or taking such. merchandise or document in deposit or pledge, 
shall acquire the same right and interest in such merchandise as was 
possessed, or could have been enforced, by such consignee or factor against 
his principal at the time of making such deposit or pledge, and further or 
other right or interest. 
    27.-5. Nothing in this act contained shall be construed or taken: 
     I. To affect any lien which a consignee or factor may possess at law, 
for the expenses and charges attending the shipment, or transmission and 
care of merchandise consigned, or otherwise intrusted to him. 
    28.-II. Nor to prevent the actual owner of merchandise from recovering 
the same from such consignee or factor, before the same shall have been 
deposited or pledged as aforesaid, or from the assignees or trustees of such 
consignee or factor, in the event of his insolvency. 
    29.-III. Nor to prevent such owner from recovering any merchandise, so 
as aforesaid deposited or pledged, upon tender of the money, or of 
restoration of any negotiable instrument so advanced, or given to such 
consignee or factor, and upon tender of such further sum of money, or of 
restoration of such other negotiable instrument, if any, as may have been 
advanced or given by such consignee or factor to such owner, or on tender of 
a sum of money equal to the amount of such instrument. 
    30.-IV. Nor to prevent such owner from recovering, from the person    
accepting or taking such merchandise in deposit or pledge, any balance or 
sum of money remaining in his hands as the produce of the sale of such 
merchandise, after deducting the amount of money or the negotiable 
instrument so advanced or given upon the security thereof as aforesaid. 
    31.-6. If any consignee or factor shall deposit or pledge any 
merchandise or document as aforesaid, consigned or intrusted to him as a 
security for any money borrowed, or negotiable instrument received by such 
consignee or factor, and shall apply and dispose of the same to his own use, 
in violation of good faith, and with intent to defraud the owner of such 
merchandise, and if any consignee or factor shall, with the like fraudulent 
intent, apply or dispose of, to his own use, any money or negotiable 
instrument, raised or acquired by the sale or other disposition of such 
merchandise, such consignee or factor shall, in every such case, be deemed 
guilty of a misdemeanor, and shall be punished by a fine, not exceeding two 
thousand dollars, and by imprisonment, for a term not exceeding five years. 

FACTORAGE. The wages or allowances paid to a factor for his services; it is 
more usual to call this commissions. 1 Bouv. Inst. n. 1013; 2 Id. n. 1288. 

FACTORY, Scotch law. A contract which partakes of a mandate and locatio ad 
operandum, and which is in the English and American law books discussed 
under the title of Principal and Agent. 1 Bell's Com. 259. 

FACTUM. A deed, a man's own act and deed.
     2. When a man denies by his plea that he made a deed on which he is 
sued, he pleads non est factum. (q.v.) Vide Deed; Fait. 

FACTUM, French law. A memoir which contains summarily 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. Vide Brief. 

FACULTY, canon law. A license; an authority. For example, the ordinary 
having the disposal of all seats in the nave of a church, may grant this 
power, which, when it is delegated, is called a faculty, to another. 
     2. Faculties are of two kinds; first, when the grant is to a man and 
his heirs in gross; second, when it is to a person and his heirs, as 
appurtenant to a house which he holds in the parish. 1 T. R. 429, 432; 12 
Co. R. 106. 

FACULTY, Scotch law. Equivalent to ability or power.  The term faculty is 
more properly applied to a power founded on the consent of the party from 
whom it springs, and not founded on property. Kames on Eq. 504. 

FAILURE. A total defect; an omission; a non-performance. Failure also 
signifies a stoppage of payment; as, there has been a failure today, some 
one has stopped payment. 
     2. According to the French code of commerce, art. 437, every merchant 
or trader who suspends payment is in a state of failure. Vide Bankruptcy; 

FAILURE OF ISSUE. When there is a want of issue to take an estate limited 
over by an executory devise. 
     2. Failure of issue is definite or indefinite. When the precise time 
for the failure of issue is fixed by the will, as is the case of a devise to 
Peter, but if he dies without issue living at the time of his death, then to 
another, this is a failure of issue definite. An indefinite failure of issue 
is the very converse or opposite of this, and it signifies a general failure 
of issue, whenever it may happen, without fixing any time, or a certain or 
definite period, within which it must happen. 2 Bouv. Inst. n. 1849. 

FAILURE OF RECORD. The neglect to produce the record after having pleaded 
it. When a defendant pleads a matter, and offers to prove it by the record, 
and then pleads nul tiel record, a day is given to the defendant to bring in 
the record if he fails. to do so, he is said to fail, and there being a 
failure of record, the plaintiff is entitled to judgment. Termes de lay Ley. 
See the form of entering it, 1 Saund. 92, n. 3. 

FAINT PLEADER. A false, fraudulent, or collusory manner of pleading, to the 
deception of a third person. 3 E. I., c. 19. 

FAIR. A privileged market. 
     2. In England, fairs are granted by the king's patent.
     3. In the United States, fairs are almost unknown. They are recognized 
in Alabama; Aik. Dig. 409, note; and in North Carolina, where they are 
regulated by statute. 1 N. C. Rev. St. 282. See Domat, Dr. Public, liv. 1, 
t. 7, s. 3, n. 1. 

FAIR-PLAY MEN. About the year 1769, there was a tract of country in 
Pennsylvania, situate between Lycoming creek and Pine creek, in which the 
proprietaries prohibited the making of surveys, as it was doubtful whether 
it had or had not been ceded by the Indians. Although settlements were 
forbidden, yet adventurers settled themselves there; being without the pale 
of ordinary authorities, the inhabitants annually elected a tribunal, in 
rotation, of three of their number, whom they denominated fair-play men, who 
had authority to decide all disputes as to boundaries. Their decisions were 
final, and enforced by the whole community en masse. Their decisions are 
said to have been just and equitable. 2 Smith's Laws of Pennsylvania 195; 
Serg. Land Laws, 77. 

FAIR PLEADER. This is the name of a writ given, by the statute of 
Marlebridge, 52 H. III., c. ii. Vide Beau Pleader. 

FAIT, conveyancing. A deed lawfully executed. Com. Dig. h.t.; Cunn. Dict. 

FAITH. Probity; good faith is the very soul of contracts. Faith also 
signifies confidence, belief; as, full faith and credit ought to be given to 
the acts of a magistrate while acting within his jurisdiction. Vide Bona

FALCIDIAN LAW, civil law, plebiscitum. A statute or law enacted by the 
people, made during the reign of Augustus, on the proposition of Falcidius, 
who was a tribune in the year of Rome 714. 
     2. Its principal provision gave power to fathers of families to 
bequeath three-fourths of their property, but deprived them of the power to 
give away the other fourth, which was to descend to the heir. 
     3. The same rule, somewhat modified, has been adopted in Louisiana; 
"donations inter vivos or mortis causal" says the Civil Code, art. 1480, 
"cannot exceed two-thirds of the property of, the disposer, if he leaves at 
his decease a legitimate child; one-half, if he leaves two children; and 
one-third, if he leaves three, or a greater number." 
     4. By the common law, the power of the father to give his property is 
unlimited. He may bequeath it to his children equally, to, one in preference 
to another, or to a stranger, in exclusion of the whole of them. Over his 
real estate, his wife has a right of dower, or a similar right given to her 
by act of assembly, in, perhaps, all the states. 

FALSE, Not true; as, false pretences; unjust, unlawful, as, false 
imprisonment. This his word, is frequently used in composition. 

FALSE IMPRISONMENT, torts. Any intentional detention of the person of 
another not authorized by law, is false imprisonment. 1 Bald. 571; 9 N. H. 
Rep. 491; 2 Brev. R. 157. It is any illegal imprisonment, without any 
process whatever, or under color of process wholly illegal, without regard 
to the question whether any crime has been committed, or a debt due. 1 Chit. 
Pr. 48; 5 Verm. 588; 3 Blackf. 46; 3 Wend. 350; 5 Wend. 298; 9 John. 117; 1 
A. K. Marsh. 845; Kirby, 65; Hardin 249. 
     2. The remedy is, in order to be restored to liberty, by writ of habeas 
corpus, and to recover damages for the injury, by action of trespass vi et 
armis. To punish the wrong done to the public, by the false imprisonment of 
an individual, the offender may be indicted. 4 Bl. Com. 216, 218; 2 Burr. 
993. Vide Bac. Ab. Trespass, D 3; Dane's Ab. Index, h.t. Vide 9 N. H. Rep. 
491; 2 Brev. R. 157; Malicious Prosecution; Regular and Irregular Process. 

FALSE JUDGMENT, Eng. law. The name of a writ which lies when a false 
judgment has been given in the county court, court baron, or other courts 
not of record. F. N. B. 17, 18 3 Bouv. Inst. n. 3364. 

FALSE PRETENCES, criminal law. False representations and statements, made 
with a fraudulent design, to obtain "money, goods, wares, and merchandise" 
with intent to cheat. 2 Bouv. Inst. n. 2308. 
     2. This subject may be considered under the following heads: 1. The 
nature of the false pretence. 2. What must be obtained. 3. The intent. 
     3.-1. When the false pretence is such as to impose upon a person of 
ordinary caution, it will doubtless be sufficient. 11 Wend. R. 557. But 
although it may be difficult to restrain false pretences to such as an 
ordinarily prudent man may avoid, yet it is not every absurd or irrational 
pretence which will be sufficient. 2 East, P. C. 828. It is not necessary 
that all the pretences should be false, if one of them, per se, is 
sufficient to constitute the offence. 14 Wend. 547. And although other 
circumstances may have induced the credit, or the delivery of the property, 
yet it will be sufficient if the false pretences had such an influence that, 
without them, the credit would not have been given, or the property 
delivered. 11 Wend. R. 557; 14 Wend. R. 547; 13 Wend. Rep. 87. The false 
pretences must have been used before the contract was completed. 14 Wend. 
Rep. 546; 13 Wend. Rep. 311. In North Carolina, the cheat must be effected 
by means of some token or contrivance adapted to impose on an ordinary mind. 
3 Hawks, R. 620; 4 Pick. R. 178. 
     4.-2. The wording of the statutes of the several states on this 
subject is not the same, as to the acts which are indictable. In 
Pennsylvania, the words of the act are, "every person who, with intent to 
cheat or defraud another, shall designedly, by color of any false token or 
writing, or by any false pretence whatever, obtain from any person any 
money, personal property or other valuable, things," &c. In Massachusetts, 
the intent must be to obtain "money, goods, wares, merchandise, or other 
things." Stat. of 1815, c. 136. In New York, the words are "money, goods, or 
chattels, or other effects." Under this statute it has been holden that 
obtaining a signature to a note; 13 Wend. R. 87; or an endorsement on a 
promissory note; 9 Wend. Rep. 190; fell within the spirit of the statute; 
and that where credit was obtained by false pretence, it was also within the 
statute. 12 John. R. 292. 
     5.-3. There must be an intent to cheat or defraud same person.
Russ. & Ry. 317; 1 Stark. Rep. 396. This may be inferred from a
false representation. 13 Wend. R. 87. The intent is all that is
requisite; it is not necessary that the party defrauded should
sustain any loss. 11 Wend. R. 18; 1 Carr. & Marsh. 516, 537. 

FALSE RETURN. A return made by the sheriff, or other ministerial officer, to 
a writ in which is stated a fact contrary to the truth, and injurious to one 
of the parties or some one having an interest in it. 
     2. In this case the officer is liable for damages to the party injured. 
2 Esp. Cas. 475. See Falso retorno brevium. 

FALSE TOKEN. A false document or sign of the existence of a fact, in general 
used for the purpose of fraud. Vide Token, and 2 Stark. Ev. 563. 

FALSEHOOD. A willful act or declaration contrary to truth. It is committed 
either by the willful act of the party, or by dissimulation, or by words. It 
is willful, for example, when the owner of a thing sells it twice, by 
different contracts to different individuals, unknown to them; for in this 
the seller must willfully declare the thing is his own, when he knows that it
is not so. It is committed by dissimulation when a creditor, having an 
understanding with his former debtor, sells the land of the latter, although 
he has been paid the debt which was due to him. 
     2. Falsehood by word is committed when a witness swears to what he 
knows not to be true. Falsehood is usually attendant on crime. Roscoe, Cr. 
Ev. 362. 
     3. A slander must be false to entitle the plaintiff to recover damages. 
But whether a libel be true or false the writer or publisher may be indicted 
for it. Bul. N. P. 9; Selw. N. P. 1047, note 6; 5 Co. 125; Hawk. B. 1, c. 
73, s. 6. Vide Dig. 48, 10, 31; Id. 22, 6, 2; Code, 9, 22, 20. 
     4. It is a general rule, that if a witness testifies falsely as to any 
one material fact, the whole of his testimony must be rejected but still the 
jury may consider whether the wrong statement be of such character, as to 
entitle the witness to be believed in other respects. 5 Shepl. R. 267. See 

TO FALSIFY, crim. law. To prove a thing to be false; as, "to falsify a 
record." Tech. Dict.; Co. Litt. 104 b. To alter or make false a record. This 
is punishable at common law. Vide Forgery. 
     2. By the Act of Congress of April 30, 1790, s. 15; 1 Story's L. U. S. 
86, it is enacted, that if any person shall feloniously steal, take away, 
alter, falsify, or otherwise avoid, any record, writ, process, or other 
proceedings in any of the courts of the United States, by means whereof any 
judgment shall be reversed, made void, or not take effect; or if any person 
shall acknowledge, or procure to be acknowledged, in any of the courts. 
aforesaid, any recognizance, bail, or judgment, in the name or names of any 
other person or persons not privy or consenting to the same, every such 
person, or persons, on conviction thereof, shall be fined not exceeding five 
thousand dollars, or be imprisoned not exceeding seven years, and be whipped 
not exceeding thirty-nine stripes. Provided nevertheless, that this act 
shall not extend to the acknowledgment of any judgment or judgments by any 
attorney or attorneys, duly admitted, for any person or persons against whom 
any such judgment or judgments shall be had or given. 

TO FALSIFY, chancery practice. When a bill to open an account has been 
filed, the plaintiff is sometimes allowed to surcharge and falsify such 
account; and if any thing has been inserted that is a wrong charge, he is at 
liberty to show it, and that is a falsification. 2 Ves. 565; 11 Wheat. 237. 
See Account stated; Surcharge. 

FALSO RETORNO BREVIUM, old English law. The name of a writ which might have 
been sued out against a sheriff, for falsely returning writs. Cunn. Dict.  

FAMILY, domestic relations. In a limited sense it signifies the father, 
mother, and children. In a more extensive sense it comprehends all the 
individuals who live under the authority of another, and includes the 
servants of the family. It is also employed to signify all the relations who 
descend from a common ancestor, or who spring from a common root. Louis. 
Code, art. 3522, No. 16; 9 Ves. 323. 
     2. In the construction of wills, the word family, when applied to 
personal property is synonymous with kindred, or relations. It may, 
nevertheless, be confined to particular relations by the context of the 
will, or may be enlarged by it, so that the expression may in some cases 
mean children, or next of kin, and in others, may even include relations by 
marriage. 1 Rop. on Leg. 115; 1 Hov. Supp. 365, notes, 6 and 7; Brown v. 
Higgs, 4 Ves. 708; 2 Ves. jr. 110; 3 East, Rep. 172; 5 Ves. 156; 7 Ves. 255, 
S. 126. Vide article Legatee. See Dig. lib. 50, t. 16, 1. 195, s. 2. 

FAMILY ARRANGEMENTS. This term has been used to signify an agreement made 
between a father and his son, or children; or between brothers, to dispose 
of property in a different manner to that, which would otherwise take place. 
     2. 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. & Russ. 13. 

FAMILY BIBLE. A Bible containing an account of the births, marriages, and 
deaths of the members of a family. 
     2. An entry, by the father, made in a Bible, stating that Peter, his 
eldest son, was born in lawful wedlock of Maria, his wife, at a time 
specified, is evidence to prove the legitimacy of Peter. 4 Campb. 401. But 
the entry, in order to be evidence, must be an original entry, and, when it 
is not so, the loss of the original must be proved before the copy can be 
received. 6 Serg. Rawle, 135. See 10 Watts, R. 82. 

FAMILY EXPENSES. The sum which it costs a man to maintain a family. 
     2. Merchants and traders who desire to exhibit the true state of their 
affairs in their books, keep an exact account of family expenses, which, in 
case of failure, is very important, and at all times proper. 

FAMILY MEETINGS. Family councils, or family meetings in Louisiana, are 
meetings of at least five relations, or in default of relations of minors or 
other persons on whose interest they are called upon to deliberate, then of 
the friends of such minors or other persons. 
     2. The appointment of the members of the family meeting is made by, the 
judge. The relations or friends must be selected from among those 
domiciliated in the parish in which the meeting is held; the relations are 
selected according to their proximity, beginning with the nearest. The 
relation is preferred to the connexion in the same degree, and among 
relations of the same degree, the eldest is preferred. The under tutor must 
also be present. 6 N. S. 455. 
     3. The family meeting is held before a justice of the peace, or notary 
public, appointed by the judge for the purpose. It is called for a fixed day 
and hour, by citations delivered at least three days before the day 
appointed for the purpose. 
     4. The members of the family meeting, before commencing their 
deliberations, take an oath before the officer before whom the meeting is 
held,, to give their advice according to the best of their knowledge, 
touching the interests of the person on whom they are called upon to 
deliberate. The officer before whom the family meeting is held, must make a 
particular process-verbal of the deliberations, cause the members of the 
family meeting to sign it, if they know how to sign, he must sign it 
himself, and deliver a copy to the parties that they may have it 
homologated. Civil Code of Louis. B. 1, tit. 8, c. 1, s. 6, art. 305 to 311; 
Code Civ. B. 1, tit. 10, c. 2, A. 4. 

FAMOSUS LIBELLUS. Among the civilians these words signified that species of 
injuria which corresponds nearly to libel or slander. 

FANEGA, Spanish law. A measure of land, which is not the same in every 
province. Diccionario de la Acad.; 2 White's Coll. 49. In Spanish America, 
the fanega consisted of six thousand and four hundred square varas or yards. 
2 White's Coll. 138. 

FARE. It signifies a voyage or passage; in its modern application, it is the 
money paid for a passage. 1 Bouv. Inst. n. 1036. 

FARM, estates. A portion or tract of land, some of which is cultivated. 2 
Binn. 238. In parlance, and for the purpose of description in a deed, a farm 
means: a messuage with out-buildings, gardens, orchard, yard, and land 
usually occupied with the same for agricultural purposes; Plowd. 195; Touch. 
93; 1 Tho. Co. Litt. 208, 209, n. N; but in the English law, and 
particularly in a description in a declaration in ejectment, it denotes a 
leasehold interest for years in any real property, and means anything which 
is held by a person who stands in the relation of tenant to a landlord. 6 T. 
R. 532; 2 Chit. Pl. 879, n. e. 
     2. By the conveyance of a farm, will pass a messuage, arable land, 
meadow, pasture, wood, &c., belonging to or used with it. 1 Inst. 5, a; 
Touch. 93; 4 Cruise, 321; Bro. Grants, 155; Plowd. 167. 
     3. In a will, the word farm may pass a freehold, if it appear that such 
was the intention of the testator. 6 T. R. 345; 9 East, 448. See 6 East, 
604, n; 8 East, 339. 

TO FARM LET. These words in a lease have the effect of creating a lease for 
years. Co. Litt. 45 b; 2 Mod. 250. 

FARMER. One who is 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. Cunn. Dict.
h.t. In common parlance, a farmer is one who cultivates a farm, whether he be
the owner of it or not. 

FARO, crim. law. There is a species of game called faro-table, or faro-bank, 
which is forbidden by law in many states; and the persons who keep it for 
the purpose of playing for money or other valuable thing, may generally be 
indicted at common law for a nuisance. 1 Roger's Rec. 66. It is played with 
cards in this manner: a pack of cards is displayed on the table so that the 
face of each card may be seen by the spectators. The man who keeps the bank, 
as it is termed, and who is called the banker, sits by the table with 
another pack of cards, and a bag containing money, some of which is 
displayed, or sometimes instead of money, chips, or small pieces of ivory or 
other substance are used. The parties who play with the banker, are called 
punters or pointeurs. Suppose the banker and A, a punter, wish to play for 
five dollars, the banker shuffles the pack which he holds in his hand, while 
A lays his money intended to be bet, say five dollars, on any card he may 
choose as aforesaid. The banker then runs the cards alternately into two 
piles, one on the right the other on the left, until he reaches, in the 
pack, the card corresponding to that on which A has laid his money. If, in 
this alternative, the card chosen comes on the right hand, the banker takes 
up the money. If on the other, A is entitled to five dollars from the 
banker. Several persons are usually engaged at the same table with the 
banker. 1 Rog. Rec. 66, note; Encycl. Amer. h.t. 

FARRIER. One who takes upon himself the public employment of shoeing horses. 
     2. Like an innkeeper, a common carrier, and other persons who assume a 
public employment, a farrier is bound to serve the public as far as his 
employment goes, and an action lies against him for refusing, when a horse 
is brought to him at a reasonable time for such purpose, if he refuse; 
Oliph. on Horses, 131 and he is liable for the unskilfulness of himself or 
servant in performing such work, 1 Bl. Com. 418; but not for the malicious 
act of the servant in purposely driving a nail into the foot of the horse, 
with the intention of laming him. 2 Salk. 440. 

FATHER, domestic relations. He by whom a child is begotten.
     2. A father is the natural guardian of his children, and his duty by 
the natural law consists in maintaining them and educating them during their 
infancy, and making a necessary provision for their happiness in life. This 
latter, however, is a duty which the law does not enforce. 
     3. By law, the father is bound to support his children, if of 
sufficient ability, even though they have property of their own. 1 Bro. C. 
C. 387; 4 Mass. R. 97; 2 Mass. R. 415; 5 Rawle, 323. But he is not bound, 
without some agreement, to pay another for maintaining them; 9 C. & P. 497; 
nor is he bound to pay their debts, unless he has authorized them to be 
contracted. 38 E. C. L. R. 195, n. See 8 Watts, R. 366; 1 Craig. & Phil. 317; 
Bind; Mother; Parent. This obligation ceases as soon as the child becomes of 
age, unless he becomes chargeable to the public. 1 Ld. Ray. 699. 
     4. The rights of the father are authority over his children, to enforce 
all his lawful commands, and to correct with moderation his children for 
disobedience. A father may delegate his power over the person of his child 
to a tutor or instructor, the better to accomplish the purposes of his 
education. This power ceases on the arrival of the child at the age of 
twenty-one years. Generally, the father is entitled to the services of his 
children during their minority. 4 S. & R. 207; Bouv. Inst. Index, h.t. 

FATHER-IN-LAW. In latin, socer, is the father of one's wife, or of one's 

FATHER, PUTATIVE. A reputed father. Vide Putative father.

FATHOM. A measure of length, equal to six feet. The word is probably derived 
from the Teutonic word fad, which signifies the thread or yarn drawn out in 
spinning to the length of the arm, before it is run upon the spindle. 
Webster; Minshew. See Ell. Vide Measure. 

FATUOUS PERSON. One entirely destitute of reason, is qui omnino desipit. 
Ersk. Inst. B. 1, tit. 7, s. 48. 

FAUBOURG. A district or part of a town adjoining the principal city; as, a 
faubourg of New Orleans. 18 Lo. R. 286. 

FAULT, contracts, civil law. An improper act or omission, which arises from 
ignorance, carelessness, or negligence. The act or omission must not have 
been meditated, and must have caused some injury to another. Lec. Elem. Sec. 
783. See Dolus, Negligence. 1 Miles' Rep. 40. 
     2.-1. Faults or negligence are usually divided into, gross, ordinary, 
and slight: 1. Gross fault or neglect, consists in not observing that care 
towards others, which a man the least attentive, usually takes of his own 
affairs. Such fault may, in some cases, afford a presumption of fraud, and 
in very gross cases it approaches so near, as to be almost undistinguishable 
from it, especially when the facts seem hardly consistent with an honest 
intention. But there may be a gross fault without fraud. 2 Str. 1099; Story, 
Bailm. Sec. 18-22; Toullier, 1. 3, t. 3, Sec. 231. 2. Ordinary faults 
consist in the omission of that care which mankind generally pay to their 
own concerns; that is, the want of ordinary diligence. 3. A slight fault 
consists in the want of that care which very attentive persons take of their 
own affairs. This fault assimilates itself, and, in some cases, is scarcely 
distinguishable, from mere accident, or want of foresight. This division has 
been adopted by common lawyers from the civil law. Although the civilians 
generally agree in this division, yet they are not without a difference of 
opinion. See Pothier, Observation generale, sur le precedent Traite, et sur 
les suivants; printed at the end of his Traite des Obligations, where he 
cites Accurse, Alciat, Cujas, Duaren, D'Avezan, Vinnius, and Heineccius, in 
support of this division. On the other side the reader is referred to 
Thomasius, tom. 2, Dissertationem, pago 1006; Le Brun, cited by Jones, 
Bailm. 27; and Toullier, Droit Civil Francais, liv. 3, tit. 3, Sec. 231. 
     3.-2. These principles established, different rules have been made as 
to the responsibilities of parties for their faults in relation to their 
contracts. They are reduced by Pothier to three. 
     4.-1. In those contracts where the party derives no benefit from his 
undertaking, he is answerable only for his gross faults. 
     5.-2. In those contracts where the parties have a reciprocal 
interest, as in the contract of sale, they are responsible for ordinary 
     6.-3. In those contracts where the party receives the only advantage, 
as in the case of loan for use, he is answerable for his slight fault. Poth. 
Observ. Generale; Traite des Oblig. Sec. 142; Jones, Bailm. 119 Story, 
Bailm. 12. See also Ayliffe, Pand. 108; Civ. C. Lou. 3522; 1 Com. Dig. 413; 
5 Id. 184; Wesk. on Ins. 370. 

FAUX, French law. A falsification or fraudulent alteration or suppression of 
a thing by words, by writings, or by acts without either. Biret, Vocabulaire 
des Six Codes. 
     2. The crimen falsi of the civil law. Toullier says, "Le faux s'entend 
de trois manieres: dans le sons le plus etendre, c'est l'alteration de la 
verite, avec ou sans mauvaises intentions; il est a peu pres synonyme de 
mensonge; dans un sens moins etendu, c'est l'alteration de la verite, 
accompagnee de dol, mutatio veritatis cum dolo facta; enfin, dans le sens 
etroit, ou plutot legal du mot, quand il s'agit de savoir si le faux est un 
crime, le faux est I'alteration frauduleuse de la verite, dans les 
determines et punis par la loi." Tom. 9, n. 188. "Faux 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." See Crimen Falsi. 

FAVOR. Bias partiality; lenity; prejudice. 
     2. The grand jury are sworn to inquire into all offences which have 
been committed, and of all violations of law, without fear, favor, or 
affection. Vide Grand Jury. When a juror is influenced by bias or prejudice, 
so that there is not sufficient ground for a principal challenge, he may 
nevertheless be challenged for favor. Vide Challenge, and Bac. Ab. Juries, 
E; Dig. 50, 17, 156, 4; 7 Pet. R. 160. 

FEAL. Faithful. This word is not used.

FEALTY. Fidelity, allegiance.
     2. Under the feudal system, every owner of lands held them of some 
superior lord, from whom or from whose ancestors, the tenant had received 
them. By this connexion the lord became bound to protect the tenant in the 
enjoyment of the land granted to him; and, on the other hand, the tenant was 
bound to be faithful to his lord, and defend him against all his enemies. 
This obligation was called fidelitas, or fealty. 1 Bl. Com. 355; 2 Bl. Com.
86; Co. Litt. 67, b; 2 Bouv. Inst. n. 1566. 

FEAR, crim. law. Dread, consciousness of approaching danger.
     2. Fear in the person robbed is one of the ingredients required to 
constitute a robbery from the person, and without this the felonious taking 
of the property is a larceny. It is not necessary that the owner of the 
property should be in fear of his own person, but fear of violence to the 
person of his child; 2 East, P. C. 718; or of his property; Id. 731 2 Russ. 
72; is sufficient. 2 Russ. 71 to 90. Vide Putting in fear, and Ayl. Pand. 
tit. 12, p. 106; Dig. 4, 2, 3 and 6. 

FEASTS. Certain established periods in the Christian church. Formerly, the 
days of the feasts of saints were used to indicate the dates of instruments, 
and memorable events. 18 Toull. n. 81. These are yet used in England; there 
they have Easter term, Hilary term, &c. 

FEDERAL, government. This term is commonly used to express a league or 
compact between two or more states. 
     2. In the United States the central government of the Union is federal. 
The constitution was adopted "to form a more perfect union" among the 
states, for the purpose of self-protection and for the promotion of their 
mutual happiness. 

FEE, FEODUM or FEUDUM, estates. From the French, fief. A fee is an estate 
which may continue forever. The word fee is explained to signify that the 
land, or other subject of property, belongs to its owner, and is 
transmissible, in the case of an individual, to those whom the law appoints 
to succeed him, under the appellation of heirs; and in the case of corporate 
bodies, to those who are to take on themselves the corporate function; and 
from the manner in which the body is to be continued, are denominated 
successors. 1 Co. Litt. 1, 271, b; Wright's Ten. 147, 150; 2 Bl. Com. 104, 
106; Bouv. Inst. Index h.t. 
     2. Estates in fee are of several sorts, and have different 
denominations, according to their several natures and respective qualities. 
They may with propriety be divided into, 1. Fees simple. 2. Fees 
determinable. 3. Fees qualified. 4. Fees conditional and 5. Fees tail. 
     3.-1. A fee simple is an estate in lands or tenements which, in 
reference to the ownership of individuals, is not restrained to any heirs in 
particular, nor subject to any condition or collateral determination except 
the laws of escheat and the canons of descent, by which it may, be 
qualified, abridged or defeated. In other words, an estate in fee simple 
absolute, is an estate limited to a person and his heirs general or 
indefinite. Watk. Prin. Con. 76. And the omission of the word `his' will not 
vitiate the estate, nor are the words "and assigns forever" necessary to 
create it, although usually added. Co. Litt. 7 b, 9 b; 237 b; Plowd. 28, b; 
29, a; Bro. Abr. Estates, 4; 1 Co. Litt. 1, b; Plowd. 557; 2 Bl. Com. 104, 
106 Hale's Analysis, 74. The word fee simple is sometimes used by the best 
writers on the law as contrasted with estates tail. 1 Co. Litt. 19. In this 
sense, the term comprehends all other fees as well as the estate, properly, 
and in strict propriety of technical language, peculiarly distinguished by 
this appellation. 
     4.-2. A determinable fee is an estate which may continue forever. 
Plowd. 557; Shep. Touch. 97. It is a quality of this estate while it falls 
under this denomination, that it is liable to be determined by some act or 
event, expressed on its limitation, to circumscribe its continuance, or 
inferred by the law as bounding its extent. 2 Bl. Com. 109. Limitations to a 
man. and his heirs, till the marriage of such. a person shall take place; 
Cro. Jac. 593; 10 Vin. Abr. 133; till debts shall be paid; Fearne, 187 until 
a minor shall attain the age of twenty-one years 3 Atk. 74; Ambler, 204; 9 
Mod. 28; 10 Vin. Abr. 203. Feariæ, 342; are instances of such a determinable 
     5.-3. Qualified fee, is an interest given on its, first limitation, 
to a man and to certain of his heirs, and not to extend to all of them 
generally, nor confined to the issue of his body. A limitation to a man and 
his heirs on the part of his father, affords an example of this species of 
estate. Litt. 254; 1 Inst. 27, a 220; 1 Prest. on Estates, 449. 
     6.-4. A conditional fee, in the more general acceptation of the term, 
is when, to the limitation of an estate a condition is annexed, which 
renders the estate liable to be defeated. 10 Rep. 95, b. In this application 
of the term, either a determinable or a qualified fee may at the same time 
be a conditional fee. An estate limited to a man and his heirs, to commence 
on the performance of a condition, is also frequently described by this 
appellation. Prest. on East. 476; Fearne, 9. 
     7.-5. As to fee-tail, See Tail. 

FEE FARM, Eng. law. A perpetual farm or rent. 1 Tho. Co. Litt. 446, n. 5. 

FEE FARM RENT, contracts, Eng. law. When the lord, upon the creation of a 
tenancy, reserves to himself and his heirs, either the rent for which it was 
before let to farm, or at least one-fourth part of that farm rent, it is 
called a fee farm rent, because a farm rent is reserved upon a grant in fee. 
2 Inst. 44. 

FEES, compensation. Certain perquisites allowed by law to officers concerned 
in the administration of justice, or in the performance of duties required 
by law, as a recompense for their labor and trouble. Bac. Ab. h.t.; Latch, 
     2. The term fees differs from costs in this, that the former are, as 
above mentioned, a recompense to the officer for his services, and the 
latter, an indemnification to the party for money laid out and expended in 
his suit. 11 S. & R. 248; 9 Wheat. 262; See 4 Binn. 267. Vide Costs; Color 
of office; Exaction; Extortion. 

FEIGNED ACTION, 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, sect. 689. 
Vide Fictitious action. 

FEIGNED ISSUE, pract. An issue brought by consent of the parties, or the  
direction of a court of equity, or such courts as possess equitable powers, 
to determine before a jury some disputed matter of fact, which the court has 
not the power or is unwilling to decide. 3 Bl. Com. 452; Bouv. Inst. 
Index, h.t. 

FELO DE SE, criminal law. A felon of himself; a self-murderer.
     2. To be guilty of this offence, the deceased must have had the will 
and intention of committing it, or else he committed no crime. As he is 
beyond the reach of human laws, he cannot be punished; the English law, 
indeed, attempts to inflict a punishment by a barbarous burial of his body, 
and by forfeiting to the king the property which he owned, and which would 
belong to his relations. Hawk. P. C. c. 9; 4 Bl. Com. 189. The charter of 
privileges granted by William Penn to the inhabitants of Pennsylvania, 
contains the following clause: "If any person, through temptation or 
melancholy, shall destroy himself, his estate, real and personal, shall, 
notwithstanding, descend to his wife and children, or relations, as if he 
had died a natural death." 

FELON, crimes. One convicted and sentenced for a felony.
     2. A felon is infamous, and cannot fill any office, or become a witness 
in any case, unless pardoned, except in cases of absolute necessity, for his 
own preservation, and defence; as, for example, an affidavit in relation to 
the irregularity of a judgment in a cause in which he is a party. 2 Salk. R. 
461; 2 Str. 1148;. Martin's R. 25; Stark. Ev. part 2, tit. Infamy. As to the 
effect of a conviction in one state, where the witness is offered in 
another, see 17 Mass. R. 515; 2 Harr. & McHen. R. 120, 378; 1 Harr. & Johns. 
R. 572. As to the effect upon a copartnership by one of the partners 
becoming a felon, see 2 Bouv. Inst. n. 1493. 

FELONIOUSLY, pleadings. This is a technical word which must be introduced 
into every indictment for a felony, charging the offence to have been 
committed feloniously; no other word, nor any circumlocution, will supply 
its place. Com. Dig. Indictment, G 6; Bac. Ab. Indictment, G 1; 2 Hale, 172, 
184; Hawk. B. 2. c. 25, s. 55; Cro. C. C. 37; Burn's Just. Indict. ix.; 
Williams' Just. Indict. iv.; Cro. Eliz. 193; 5 Co. 121; 1 Chit. Cr. Law, 

FELONY, crimes. An offence which occasions a total forfeiture of either 
lands or goods, or both, at common law, to which capital or other punishment 
may be super-added, according to the degree of guilt. 4 Bl. Com, 94, 95; 1 
Russ. Cr. 42; 1 Chit. Pract. 14; Co. Litt. 391; 1 Hawk. P. C. c. 37; 5 
Wheat. R. 153, 159. 

FEMALE. This term denotes the sex which bears young.
     2. It is a general rule, that the young of female animals which belong 
to us, are ours, nam fetus ventrem sequitur. Inst. 2, 1, 19; Dig. 6, 1, 5, 
2. The rule is, in general, the same with regard to slaves; but when a 
female slave comes into a free state, even without the consent of her 
master, and is there delivered of a child, the latter is free. Vide 
Feminine; Gender; Masculine. 

FEME, or, more properly,

FEMME. Woman.
     2. This word is frequently used in law. Baron and feme, husband and 
wife; feme covert, a married woman; feme sole, a single woman. 
     3. A feme covert, is a married woman. A feme covert may sue and be sued 
at law, and will be treated as a feme sole, when the husband is civiliter 
mortuus. Bac. Ab. Baron and Feme, M; see article, Parties to Actions, part 
1, section l, Sec. 7, n. 3; or where, as it has been decided in England, he 
is an alien and has left the country, or has never been in it. 2 Esp. R. 
554; 1 B. & P. 357. And courts of equity will treat a married woman as a, 
feme sole, so as to enable her to sue or be sued, whenever her husband has 
abjured the realm, been transported for felony, or is civilly dead. And when 
she has a separate property, she may sue her husband in respect of such 
property, with the assistance of a next friend of her own selection. Story, 
Eq. Pl. Sec. 61; Story, Eq. Jur. Sec. 1368; and see article, Parties to a
suit in equity, 1, n. 2; Bouv. Inst. Index, h.t. 
     4. Coverture subjects a woman to some duties and disabilities, and 
gives her some rights and immunities, to which she would not be entitled as 
a feme sole. These are considered under the articles, Marriage, (q.v.) and 
Wife. (q.v.) 
     5. A feme sole trader, is a married woman who trades and deals on her 
own account, independently of her husband. By the custom of London, a feme 
covert, being a sole trader, may sue and be sued in the city courts, as a 
feme sole, with reference to her transactions in London. Bac. Ab. Baron and 
Feme, M. 6. In Pennsylvania, where any mariners or others go abroad, leaving 
their wives at shop-keeping, or to work for their livelihood at any other 
trade, all such wives are declared to be feme sole traders, with ability to 
sue and be sued, without naming the husbands. Act of February 22, 1718. See 
Poth. De la Puissance du Mari, n. 20. 
     7. By a more recent act, April 11, 1848, of the same state, it is 
provided, that in all cases where debts may be contracted for necessaries 
for the support and maintenance of the family of any married woman, it shall 
be lawful for the creditor, in such case, to institute suit against the 
husband and wife for the price of such necessaries, and after obtaining a 
judgment, have an execution against the husband alone and if no property of 
the said husband be found, the officer executing the said writ shall so 
return, and thereupon an alias execution may be issued, which may be levied 
upon and satisfied out of the separate property of the wife, secured to her 
under the provisions of the first section of this act. Provided, That 
judgment shall not be rendered against the wife, in such joint action, 
unless it shall have be proved that the debt sued for in such action, was 
contracted by the wife, or incurred for articles necessary for the support 
of the family of the said husband and wife. 

FEMININE. What belongs to the female sex.
     2. When the feminine is used, it is generally confined to females; as, 
if a man bequeathed all his mares to his son, his horses would not pass. 
Vide: 3 Brev. R. 9; Gender; Man; Masculine. 

FENCE. A building or erection between two contiguous estates, so as to 
divide them; or on the same estate, so as to divide one part from another. 
     2. Fences are regulated by the local laws. In general, fences on 
boundaries are to be built on the line, and the expense, when made no more 
expensively than is required by the law, is borne equally between the 
parties. See the following cases on the subject. 2 Miles, 337, 395; 2 
Greenl. 72; 11 Mass. 294; 3 Wend. 142; 2 Metc. 180; 15 Conn. 526; 2 Miles, 
447; Bouv. Inst. Index, h.t. 
     3. A partition fence is presumed to be the common property of both 
owners of the land. 8 B. & C. 257, 259, note a. When built upon the land of 
one of them, it is his; but if it were built equally upon the land of both, 
at their joint expense, each would be the owner in severalty of the part 
standing on his own land. 5 Taunt. 20; 2 Greenl. Ev. 617. 

FEOD. The same as fief. Vide Fief or Feud.

FEOFFMENT, conveyancing. A gift of any corporeal hereditaments to another. 
It operates by transmutation of possession, and it is essential to its 
completion that the seisin be passed. Watk. Prin. Conv. 183. This term also 
signifies the instrument or deed by which such hereditament is conveyed. 
     2. This instrument was used as one of the earliest modes of conveyance 
of the common law. It signified, originally, the grant of a feud or fee; but 
it came, in time, to signify the grant of a free inheritance in fee, respect 
being had to the perpetuity of the estate granted, rather than to the feudal 
tenure. The feoffment was, likewise, accompanied by livery of seisin. The 
conveyance, by feoffment, with livery of seisin, has become infrequent, if 
not obsolete, in England; and in this country it has not been used in 
practice. Cruise, Dig. t. 32, c. 4. s. 3; Touchs. c. 9; 2 Bl. Com. 20; Co. 
Litt. 9; 4 Kent, Com. 467; Perk. c. 3; Com. Dig. h.t.; 12 Vin. Ab. 167; 
Bac. Ab. h.t. in pr.; Doct. Plac. 271; Dane's Ab. c. 104, a. 3, s. 4. He 
who gives or enfeoffs is called the feoffor; and the person enfeoffed is 
denominated the feoffee. 2 Bl. Com. 140. See 2 Bouv. Inst. n. 2045, note. 

FERÆ. Wild, savage, not tame.

FERÆ BESTIÆ. Wild beasts. See Animals; Feræ naturæ.

FERÆ NATURÆ. Of a wild nature.
     2. This term is used to designate animals which are not usually tamed. 
Such animals belong to the person who has captured them only while they are 
in his power for if they regain their liberty his property in them instantly 
ceases, unless they have animum revertendi, which is to be known only by 
their habit of returning. 2 Bl. Com. 390; 3 Binn. 546; Bro. Ab. Propertie, 
37; Com. Dig. Biens, F; 7 Co. 17, b; 1 Chit. Pr. 87; Inst. 2, 1, 15; 13 Vin. 
Ab. 207. 
     3. Property in animals feræ naturæ is not acquired by hunting them 
and pursuing them; if, therefore, another person kill such animal in the 
sight of the pursuer, he has a right to appropriate it to his own use. 3 
Caines, 175. But if the pursuer brings the animal within his own control, as 
by entrapping it, or wounding it mortally, so as to render escape 
impossible, it then belongs to him. Id. Though if he abandons it, another 
person may afterwards acquire property in the animal. 20 John. 75. The owner 
of land has a qualified property in animals feræ naturæ, when, in 
consequence of their inability and youth, they cannot go away. See Y. B. 12 
H. VIII., 9 B, 10 A, 2 Bl. Com. 394; Bac. Ab. Game. Vide Whelps. 

FERM or FEARM. By this ancient word is meant land, fundus; (q.v.) and, it 
is said, houses and tenements may pass by it. Co. Litt. 5 a. 

FERRY. A place where persons and things are taken across a river or other 
stream in boats or other vessels, for hire. 4 N. S. 426; S. C. 3 Harr. Lo. 
R. 341. 
     2. In England a ferry is considered a franchise which cannot be set up 
without the king's license. In most, perhaps all of the United States, 
ferries are regulated by statute. 
     3. The termini of a ferry are at the water's edge. 15 Pick. R. 254 and 
see 8 Greenl. R. 367; 4 John. Ch. R. 161; 2 Porter, R. 296; 7 Pick. R. 448; 
2 Car. Law Repos. 69; 2 Dev. R. 403; 1 Murph. 279; 1 Hayw. R. 457; Vin. Ab. 
h.t.; Com. Dig. Piscary B; 6 B. & Cr. 703; 12 East, R. 333; 1 Bail. R. 469; 
3 Watts, R. 219; 1 Yeates, R. 167; 9 S. & R. 26. 

FERRYMAN. One employed in taking persons across a river or other stream, in 
boats or other contrivances at a ferry. The owner of a ferry is not 
considered a ferryman, when it is rented and in the possession of a tenant. 
Minor, R. 366. 
     2. Ferrymen are considered as common carriers, and are therefore the 
legal judges to decide when it is proper to pass over or not. 1 M'Cord, R. 
444; Id. 157; 1 N. & M. 19; 2 N. & M. 17. They are to regulate how the 
property to be taken across shall be put in their boats or flats; 1 M'Cord 
157; and as soon as the carriage is fairly on the drop or slip of a fat, 
although driven by the owner's servant, it is in possession of the ferryman, 
and he is answerable. 1 M'Cord's R. 439. 

FESTINUM REMEDIUM. A speedy remedy.
     2. This is said of those cases where the remedy for the redress of an 
injury is given without any unnecessary delay. Bac. Ab. Assise, A. The 
action of dower is festinum remedium, and so is assise. 

FETTERS. A sort of iron put on the legs of malefactors, or persons accused 
of crimes. 
     2. When a prisoner is brought into court to plead he shall not be put 
in fetters. 2 Inst. 315; 3 Inst. 34; 2 Hale, 119; Hawk. b. 21 c. 28, s. 1; 
Kel. 10; 1 Chitty's Cr. Law, 417. An officer having arrested a defendant on 
a civil suit, or a person accused of a crime, has no right to handcuff him 
unless it is necessary, or he has attempted to make his escape. 4 B. & C. 
596; 10 Engl. C. L. Rep. 412, S. C. 

FEUD. This word, in Scotland, signifies a combination of kindred to revenge 
injuries or affronts done to any of their blood. Vide Fief. 

FEUDA. In the early feudal times grants were made, in the first place, only 
during the pleasure of the grantor, and called muncra; (q.v.) afterwards 
for life, called beneficia; (q.v.) and, finally, they were extended to the 
vassal and his sons, and then they acquired the name of feudal. Dalr. Feud. 
Pr. 199. 

FEUDAL. A term applied to whatever concerned a feud; as feudal law; feudal 

FEUDAL LAW. By this phrase is understood a political system which placed men 
and estates under hierarchical and multiplied distinctions of lords and 
vassals. The principal features of this system were the following. 
     2. The right to all lands was vested in the sovereign. These were, 
parcelled out among the great men of the nation by its chief, to be held of 
him, so that the king had the Dominum directum, and the grantee or vassal, 
had what was called Dominum utile. It was a maxim nulle terre sans seigneur. 
These tenants were bound to perform services to the king, generally of a 
military character. These great lords again granted parts of the lands they 
thus acquired to other inferior vassals, who held under them, and were 
bound to perform services to the lord. 
     3. The principles of the feudal law will be found in Littleton's 
Tenures Wright's Tenures; 2 Blackstone's Com. c. 5.  Dalrymple's History of 
Feudal Property; Sullivan's Lectures; Book of Fiefs; Spellman, Treatise of 
Feuds and Tenures; Le Grand Coutumier; the Salic Laws; The Capitularies; Les 
Establissements de St. Louis; Assizes de Jerusalem; Poth. Des Fiefs. Merl. 
Rep. Feodalite; Dalloz, Dict. Feodalit 6; Guizot, Essais sur I'Histoire de 
France, Essai Seme. 
     4. In the United States the feudal law never was in its full vigor, 
though some of its principles are still retained. "Those principles are so 
interwoven with every part of our jurisprudence," says Ch. J. Tilghman, 3 S. 
& R. 447, "that to attempt to eradicate them would be to destroy the whole. 
They are massy stones worked into the foundation of our legal edifice. Most 
of the inconveniences attending them, have been removed, and the few that 
remain can be easily removed, by acts of the legislature." See 3 Kent, Com. 
509, 4th ed. 

FIAR, Scotch law. He whose property is burdened with a life rent. Ersk. Pr. 
of L. Scot. B. 2, t. 9, s. 23. 

FIAT, practice. An order of a judge, or of an officer, whose authority, to 
be signified by his signature, is necessary to authenticate the particular 

FICTION OF LAW. The assumption that a certain thing is true, and which gives 
to a person or thing, a quality which is not natural to it, and establishes, 
consequently, a certain disposition, which, without the fiction, would be 
repugnant to reason and to truth. It is an order of things which does not 
exist, but which the law prescribes or authorizes; it differs from 
presumption, because it establishes as true, something which is false; 
whereas presumption supplies the proof of something true. Dalloz, Dict. h.t.
See 1 Toull. 171, n. 203; 2 Toull. 217, n. 203; 11 Toull. 11, n. 10, note 
2; Ferguson, Moral Philosophy, part 5, c. 10, s. 3; Burgess on Insolvency, 
139, 140; Report of the Revisers of the Civil Code of Pennsylvania, March 1, 
1832, p. 8. 
     2. The law never feigns what is impossible fictum est id quod factum 
non est sed fieri potuit. Fiction is like art; it imitates nature, but never 
disfigures it, it aids truth, but it ought never to destroy it. It may well 
suppose that what was possible, but which is not, exists; but it will never 
feign that what was impossible, actually is. D'Aguesseau, Oeuvres, tome iv. 
page 427, 47e Plaidoyer. 
     3. Fictions were invented by the Roman prætors, who, not possessing 
the power to abrogate the law, were nevertheless willing to derogate from 
it, under the pretence of doing equity. Fiction is the resource of weakness, 
which, in order to obtain its object, assumes as a fact, what is known to be 
contrary to truth: when the legislator desires to accomplish his object, he 
need not feign, he commands. Fictions of law owe their origin to the 
legislative usurpations of the bench. 4 Benth. Ev. 300. 
     4. It is said that every fiction must be framed according to the rules 
of law, and that every legal fiction must have equity for its object. 10 Co. 
42; 10 Price's R. 154; Cowp. 177. To prevent their evil effects, they are 
not allowed to be carried further than the reasons which introduced them 
necessarily require. 1 Lill. Ab. 610; Hawk. 320; Best on Pres. Sec. 20. 
     5. The law abounds in fictions. That an estate is in abeyance; the 
doctrine of remitter, by which a party who has been disseised of his 
freehold, and afterwards acquires a defective title, is remitted to his 
former good title; that one thing done today, is considered as done, at a 
preceding time by the doctrine of relation; that, because one thing is 
proved, another shall be presumed to be true, which is the case in all 
presumptions; that the heir, executor, and administrator stand by 
representation, in the place of the deceased are all fictions of law. "Our 
various introduction of John Doe and Richard Roe," says Mr. Evans, (Poth. on 
Ob. by Evans, vol. n. p. 43,) "our solemn process upon disseisin by Hugh 
Hunt; our casually losing and finding a ship (which never was in Europe) in 
the parish of St. Mary Le Bow, in the ward of Cheap; our trying the validity 
of a will by an imaginary wager of five pounds; our imagining and 
compassing the king's death, by giving information which may defeat an 
attack upon an enemy's settlement in the antipodes our charge of picking a 
pocket, or forging a bill with force and arms; of neglecting to repair a 
bridge, against the peace of our lord the king, his crown and dignity are 
circumstances, which, looked at by themselves, would convey an impression of 
no very favorable nature, with respect to the wisdom of our jurisprudence." 
Vide 13 Vin. Ab. 209; Merl. Rep. h.t.; Dane's Ab. Index, h.t.; and Rey, 
des Inst. de I'Angl. tome 2, p. 219, where he severely censures these 
fictions as absurd and useless. 

FICTITIOUS, Pretended; supposed; as, fictitious actions; fictitious payee. 

FICTITIOUS ACTIONS, Practice. Suits brought on pretended rights.
     2. They are sometimes brought, usually on a pretended wager, for the 
purpose of obtaining the opinion of the court on a point of law. Courts of 
justice were constituted for the purpose of deciding really existing 
questions of right between parties, and they are not bound to answer 
impertinent questions which persons think proper to ask them in the form of 
an action on a wager. 12 East, 248. Such an attempt has been held to be a 
contempt of court; and Lord Hardwicke in such a case committed the parties 
and their attorneys. Rep. temp. Hardw. 237. See also Comb. 425; 1. Co. 83; 6 
Cranch, 147-8. Vide Feigned actions. 
     3. The court of the king's bench fined an attorney forty pounds for 
stating a special case for the opinion of the court, the greater part of 
which statement was fictitious. 3 Barn. & Cr. 597; S. C. 10 E. C. L. R. 193. 

FICTITIOUS PAYEE, contract. A supposed person; a payee, who has no 
     2. When the name of a fictitious payee has been used, in making a bill 
of exchange, and it has been endorsed in such name, it is considered as 
having the effect of a bill payable to bearer, and a bona fide holder, 
ignorant of that fact, may recover on it, against all prior parties who were 
privy, to the transaction. 2 H. Bl. 178, 288; 3 T. R. 174, 182, 481; 3 Bro. 
C. C. 238. Vide Bills of Exchange, Sec. 1. 

FIDEI-COMMISSARY, civil law. One who has a beneficial interest in an estate, 
which, for a time, is committed to the faith or trust of another. This term 
has nearly, the same meaning as cestui que trust has in our law. 2 Bouv. 
Inst. n. 1895, note. 

FIDEI-COMMISSUM, civil law. A gift which a man makes to another, through the 
agency of a third person, who is requested to perform the desire of the 
giver. For example, when a testator writes, "I institute for my heir, Lucius 
Titius," he may add, "I pray my heir, Lucius Titius, to deliver, as soon as 
he shall be able, my succession to Caius Seius: cum igitur aliquis 
scripserit Lucius Tilius heres esto; potest ajicere, rogo te Luci Titi, ut 
cum poteris hereditatem meam adire, eam Caio Sceio reddas, restituas. Inst. 
2, 23, 2; vide Code 6, 42. 
     2. Fidei-commissa were abolished in Louisiana by the code. 5 N. S. 302. 
     3. The uses of the common law, it is said, were borrowed from the Roman 
fidei-commissum. 1 Cru. Dig. 388; Bac. Read. 19; 1 Madd. Ch. 446-7. 
     4. The fidei-commissa of the civil law, have been supposed to resemble 
entails, though some writers have declared that the Roman law was a stranger 
to entails. 2 Bouv. Inst. n. 1708. 

FIDE-JUSSIO, civil law. The contract of suretyship. 

FIDE-JUSSOR, civil law. One who becomes security for the debt of another, 
promising to pay it in case the principal does not do so. 
     2. He differs from co-obligor in this, that the latter is equally bound 
to a debtor with his principal, while the former is not liable till the 
principal has failed to fulfill his engagement. Dig. 12, 4, 4; Id. 16, 1, 13;
Id. 24, 3, 64; Id. 38, 1, 37; Id. 50, 17, 110, and 14, 6, 20; Hall's Pr. 33; 
Dunl. Ad. Pr. 300; Clarke's Prax. tit. 63, 4, 5. 
     3. The obligation of the fide-jussor was an accessory contract, for, if 
the principal obligation was not previously contracted, his engagement then 
took the name of mandate. Lec. Elem. Sec. 872; Code Nap. 2012. 

FIDUCIA, civil law. A contract by which we sell a thing to some one, that 
is, transmit to him the property of the thing, with the solemn forms of 
emancipation, on condition that he will sell it back to us. This species of 
contract took place in the emancipation of children, in testaments, and in 
pledges. Poth. Pand. h.t. 

FIDUCIARY. This term is borrowed from the civil law. The Roman laws called a 
fiduciary heir, the person who was instituted heir, and who was charged to 
deliver the succession to a person designated by the testament. Merl. 
Repert. h.t. But Pothier, Pand. vol. 22, h.t., says that fiduciarius heres 
properly signifies the person to whom a testator has sold his inheritance, 
under the condition that he should sell it to another. Fiduciary may be 
defined to be, in trust, in confidence. 
     2. A fiduciary contract is defined to be, an agreement by which a 
person delivers a thing to another, on the condition that he will restore it 
to him. The following formula was employed:' Ut inter bonos agere opportet, 
ne propter te fidemque tuam frauder. Cicer. de Offc. lib. 3, cap. 13; Lec. 
du Dr. Civ. Rom. Sec. 237, 238. See 2 How. S. C. Rep. 202, 208; 6 Watts & 
Serg. 18; 7 Watts, 415. 

FIEF, or FEUD. In its origin, a fief was a district of country allotted to 
one of the chiefs who invaded the Roman empire, as a stipend or reward; with 
a condition annexed that the possessor should do service faithfully both at 
home and in the wars, to him by whom it was given. The law of fiefs supposed 
that originally all lands belonged to lords, who had had the generosity to 
abandon them to others, from whom the actual possessors derive their rights 
upon the sole reservation of certain services more or less onerous as a sign 
of superiority. To this superiority was added that which gives the right of 
dispensing justice, a right which was originally attached to all fiefs, and 
conferred upon those who possessed it, the most eminent part of public 
power. Henrion de Pansey, Pouvoir, Municipal; 2 Bl. Com. 45;  
Encyclopedie, h.t.; Merl. Rep. h.t. 

FIELD. A part of a farra separately enclosed; a close. 1 Chit. Pr. 160. The 
Digest defines a field to be a piece of land without a house; ager est 
locus, que sine villa est. Dig. 50, 16, 27. 

FIERI FACIAS, practice. The name of a writ of execution. It is so called 
because, when writs were in Latin, the words directed to the sheriff were, 
quod fieri facias de bonis et catallis, &c., that you cause to be made of 
the goods and chattels, &c. Co. Litt. 290 b. 
     2. The foundation of this writ is a judgment for debt or damages, and 
the party who has recovered such a judgment is generally entitled to it, 
unless he is delayed by the stay of execution which the law allows in 
certain cases after the rendition of the judgment, or by proceedings in 
     3. This subject will be considered with regard to, 1. The form of the 
writ. 2. Its effects. 3. The manner of executing it. 
     4.-1. The writ is issued in the name of the commonwealth or of the 
government, as required by the constitution, and directed to the sheriff, 
commanding him that of the goods and chattels, and (where lands are liable 
for the payment of debts, as in Pennsylvania,) of the lands and tenements of 
the defendant, therein named, in his bailiwick, he cause to be levied as 
well a certain debt of ___ dollars, which the plaintiff, ___(naming him), in 
the court of ___(naming it), recovered against him, as ___ dollars like 
money which to the said plaintiff was adjudged for his damages, which he had 
by the detention of that debt, and that he, (the sheriff,) have that money 
before the judges of the said court, on a day certain, (being the return day 
therein mentioned,) to render to the said plaintiff his debt and damages 
aforesaid, whereof the said defendant is convict. It must be tested in the 
name of the officer, as directed by the constitution or laws; as, "Witness 
the honorable John B. Gibson, our chief justice, at Philadelphia, the tenth 
day of October, in the year of our Lord one thousand eight hundred and 
forty-eight. It must be signed by the prothonotary, or clerk of the court, 
and sealed with its seal. The signature of the prothonotary, it has been 
decided, in Pennsylvania, is not indispensable. The amount of the debt, 
interest, and costs, must also be endorsed on the writ. This form varies as 
it is issued on a judgment in debt, and one obtained for damages merely. The 
execution being founded on the judgment, must, of course, follow and be 
warranted by it. 2 Saund. 72 h, k; Bing. on Ex. 186. Hence, where there is 
more than one one plaintiff or defendant, it must be in the name of all the 
plaintiffs, against all the defendants. 6 T. R. 525. It is either for the 
plaintiff or the defendant. When it is against an executor or administrator, 
for a liability of the testator or intestate, it is conformable to the 
judgment, and must be only against the goods of the deceased, unless the 
defendant has made himself personally liable by his  false pleading, in 
which case the judgment is de bonis testatoris si, et si non, de bonis 
propriis, and the fieri facias must conform to it. 
     5.-2. At common law, the writ bound the goods of the defendant or 
party against whom it was issued, from the test day; by which must be 
understood that the writ bound the property against the party himself, and 
all claiming by assignment from, or by, representatives under him; 4 East, 
B. 538; so that a sale by the defendant, of his goods to a bona fide 
purchaser, did no protect them from a fieri facias tested before, although 
not issued or delivered to the sheriff till after the sale. Cro. Eliz. 174; 
Cro. Jac. 451; 1 Sid. 271. To remedy this manifest injustice, the statute of 
frauds, 29 Car. II. c. 3, s. 16, was passed. The principles of this statute 
have been adopted in most of the states. Griff. Law Reg. Answers to No. 38, 
under No. III. The statue enacts "that no writ of fieri facias, or other 
writ of execution, shall bind the property of the goods of the party, 
against whom such writ of execution is sued forth, but from the time that 
such writ shall be delivered to the sheriff, under-sheriff, or coroners, to 
be executed; and for the better manifestation of the said time, the 
sheriffs, &c., their deputies or agents, shall, upon the receipt of any such 
writ, (without fee for doing the same) endorse upon the back thereof, the 
day of the month and year whereon he or  they received the same." Vide 2 
Binn. R. 174; 2 Serg. & Rawle, 157; 2 Yeates, 177; 8 Johns. R. 446; 12 
Johns. R. 320; 1 Hopk. R. 368; 3 Penna. R. 247; 3 Rawle, 401; 1 Whart R. 377. 
     6.-3. The execution of the writ is made by levying upon the goods and 
chattels of the defendant, or party against whom it is issued; and, in 
general, seizing a part of the goods in the name of the whole on the 
premises, is a good seizure of the whole. Ld. Raym. 725; 2 Serg. & Rawle, 
142; 4 Wash. C. C. R. 29; but see 1 Whart. Rep. 377. The sheriff cannot 
break the outer door of a house for the purpose of executing a fieri facias; 
5 do. 92; nor can a window be broken for this purpose. W. Jones, 429. See 
articles Door; House. He may, however, enter the house, if it be open, and, 
being once lawfully entered, he may break open an inner door or chest to 
seize the goods of the defendant, even without any request to open them. 4 
Taunt. 619; 3 B. & P. 223; Cowp. 1. Although the sheriff is authorized to 
enter the house of the party to search for goods, he cannot enter that of a 
stranger, for that purpose, without being guilty of a trespass, unless the 
defendant's goods are actually in the house. Com. Dig. Execution, C 5: 1 
Marsh. R. 565. The sheriff may break the outer door of a barn 1 Sid. 186; S. 
C. 1 Keb. 689; or of a store disconnected with the dwelling-house, and 
forming no part of the curtilage. 16 Johns. R. 287. The fi. fa. may be 
executed at any time before, and on the return day, but not on Sunday, where 
it is forbidden by statute. Wats. on Sheriffs, 173; 5 Co. 92; Com. Dig. 
Execution, c. 5. Vide 3 Bouv. Inst. n. 3383, et. seq; Wats. on Sher. ch. 10; 
Bing. Ex. c. 1, s. 4; Gilb. on Exec. Index, h.t.; Grab. Pr. 321: Troub. & 
Hal. Pr. Index, h.t.; Com. Dig. Execution, C 4; Process, F 5, 7; Caines' 
Pr. Index, h.t.; Tidd's Pr. Index, h.t.; Sell. Pr. Index, h.t. 

FIERI FECI, practice. The return which the sheriff, or other proper officer, 
makes to certain writs, signifying, "I have caused to be made." 
     2. When the officer has made this return, a rule may be obtained upon 
him, after the return day, to pay the money into court, and if he withholds 
payment, an action of debt may be had on the return, or assumpsit for money 
had and received may be sustained against him. 3 Johns. R. 183. 

FIFTEENTH, Eng. law. The name of a tax levied by authority of parliament for 
the use of the king, which consisted of one-fifteenth part of the goods of 
those who are subject to it. T. L 

FIGURES, Numerals. They are either Roman, made with letters of the Alphabet, 
for example, MDCCLXXVI; or they are Arabic, as follows, 1776. 
     2. Roman figures may be used in contracts and law proceedings, and they 
will be held valid; but Arabic figures, probably owing to the case with 
which they may be counterfeited, or altered, have been holden not to be 
sufficient to express the sum due on a contract; but, it seems, that if the 
amount payable and due on a promissory note be expressed in figures or 
ciphers, it will be valid. Story on Bills, Sec. 42, note; Story, Prom. 
Notes, Sec. 21. Indictments have been set aside because the day or year was 
expressed in figures. 13 Vin Ab. 210; 1 Ch. Rep. 319; S. C. 18 Eng. Com. Law 
Rep. 95. 
     3. Bills of exchange, promissory notes, checks and agreements of every 
description, are usually dated with Arabic figures; it is, however, better 
to date deeds and other formal instruments, by writing the words at length. 
Vide l Ch. Cr. L. 176; 1 Verm. R. 336; 5 Toull. n. 336; 4 Yeates, R. 278; 2 
John. R. 233; 1 How. Mis. 256; 6 Blackf. 533. 

FIGURES OF SPEECH. By figures of speech is meant that manner of speaking or 
writing, which has for its object to give to our sentiments and, thoughts a 
greater force, more vivacity and agreeableness. 
     2. This subject belongs more particularly to grammar and rhetoric, but 
the law has its figures also. Sometimes fictions come in aid of language, 
when found insufficient by the law; language, in its turn, by means of 
tropes and figures, sometimes lends to fictions a veil behind which they are 
hidden; sometimes the same denominations are preserved to things which have 
ceased to be the same, and which have been changed; at other times they lend 
to things denominations which supposed them to have been modified. 
     3. In this immense subject, it will not be expected that examples 
should be here given of every kind of figures; the principal only will be 
noticed. The law is loaded with abstract ideas; abstract in itself, it has 
often recourse to metaphors, which, as it were, touch our senses. The 
inventory is faithful, a defect is covered, an account is liquidated, a 
right is open or closed, an obligation is extinguished, &c. But the law has 
metaphors which are properly its own; as civil fruits, &c. The state or 
condition of a man who has been deprived by the law of almost all his social 
prerogatives or rights, has received the metaphorical name of civil death. 
Churches being called the houses of God, formerly were considered an asylum, 
because to seize a person in the house of another was considered a wrong. 
Mother country, is applied to the country from which people emigrate to a 
colony; though this pretended analogy is very different in many points, yet 
this external ornament of the idea soon became an integral part of the idea; 
and on the faith of this metaphor, this pretended filiation became the 
source whence flowed the duties which bound the colonies to the metropolis 
or mother country. 
     4. In public speaking, the use of figures, when natural and properly 
selected, is of great force; such ornaments impress upon the mind of the 
bearers the ideas which the speaker desires to convey, fix their attention 
and disposes them to consider favorably the subject of inquiry. See 3 Bouv. 
Inst. n. 3243. 

FILACER, FILAZIER, or FILZER, English law. An officer of the court of common 
pleas, so called because he files those writs on which he makes out process. 

FILE, practice. 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. The papers put together in order, and 
tied in bundles, are also called a file. 
     2. A paper is said to be filed, when it is delivered to the proper 
officer, and by him received to be kept on file. 13 Vin. Ab. 211. 

FILIATION, civil law. The descent of son or daughter, with regard to his or 
her father, mother, and their ancestors. 
     2. Nature always points out the mother by evident signs, and whether 
married or not, she is always certain: mater semper certa est, etiamsi vulgo 
conceperit. There is not the same certainty with regard to the father, and 
the relation may not know or feign ignorance as to the paternity the law has 
therefore established a legal presumption to serve as a foundation for 
paternity and filiation. 
     3. When the mother is or has been married, her husband is presumed to 
be the father of the children born during the coverture, or within a 
competent time afterwards; whether they were conceived during the coverture 
or not: pater is est quem nuptice demonstrant. 
     4. This rule is founded on two presumptions; one on the cohabitation 
before the birth of the child; and the other that the mother has faithfully 
observed the vow she made to her husband. 
     5. This presumption may, however, be rebutted by showing either that 
there has been no cohabitation, or some physical or other impossibility that 
the husband could be the father. See Access; Bastard; Gestation; Natural
children; Paternity; Putative father. 1 Bouv. Inst. n. 302, et seq. 

FILIUS. The son, the immediate male descendant. This term is used in making 
genealogical tables. 

FILIUS MULIERATUS. The eldest legitimate son of parents, who, before their 
marriage, had illegitimate children. Vide Mulier. 

FILIUS POPULI. The son of the people; a bastard.

FILLEY. A mare not more than one year old. Russ. & Ry. 416 Id. 494. 

FILUM. The middle; the thread of anything; as filum aqua; filum viæ. 

FILUM AQUÆ. The thread or middle of a water course. (q.v.) 
     2. It is a general rule, that in grants of lands bounded on rivers and 
streams above tide water, unless otherwise expressed, the grant extends 
usque ad filum aquæ, and that not only the banks, but the bed of the river, 
and the islands therein, together with exclusive right of fishing, pass to 
the grantee. 5 Wend. 423. 

FILUM VIÆ. The thread or middle of the road. 
     2. Where a law requires travellers meeting each other on, a road to 
drive their carriages to the right of the middle of the road, the parties 
are bound to keep ou their side of the worked part of the road, although the 
whole of the smooth or most travelled path may be upon one side of the filum 
viæ. 7 Wend. 185; 5 Conn. 305. 

FIN DE NON RECEVOIR, 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. Civ. partie 
1, c. 2, s. 2, art. 2; Story, Confl. of Laws, Sec. 580. 

FINAL. That which puts an end to anything. 
     2. It is used in opposition to interlocutory; as, a final judgment, is 
a judgment which ends the controversy between the parties litigant. 1 Wheat. 
355; 2 Pet. 449. See 12 Wheat. 135; 4 Dall. 22; 9 Pet. 1; 6 Wheat. 448; 3 
Cranch, 179; 6 Cranch, 51; Bouv. Inst. Index, h.t. 

FINANCIER. A person employed in the economical management and application of 
public money or finances; one who is employed in the management of money. 

FINANCES. By this word is understood the revenue, or public resources or 
money of the state. 

FINDER. One who lawfully comes to the possession of another's personal 
property, which was then lost. 
     2. The finder is entitled to certain rights and liable to duties which 
he is obliged to perform. This is a species of deposit, which, as it does 
not arise ex contractu, may be called a quasi deposit, and it is governed by 
the same general rules as common deposits. The, finder is required to take 
the same reasonable care of the property found, as any voluntary depositary 
ex contractu. Doct. & St. Dial. 2, c. 38; 2 Bulst. 306, 312; S. C. 1 Rolle's 
R. 125. 
     3. The finder is not bound to take the goods he finds; yet, when he 
does undertake the custody, he is required to exercise reasonable diligence 
in preserving the property and he will be responsible for gross negligence. 
Some of the old authorities laid down that "if a man find butler, and by his 
negligent keeping, it putrify; or, if a man find garments, and by his 
negligent keeping, they be moth eaten, no action lies." So it is if a man 
find goods and lose them again; Bac. Ab. Bailment, D; and in support of this 
position; Leon. 123, 223 Owen, 141; and 2 Bulstr. 21, are cited. But these 
cases, if carefully examined, will not, perhaps, be found to decide the 
point as broadly as it is stated in Bacon. A finder would doubtless he held 
responsible for gross negligence. 
     4. On the other hand, the finder of an article is entitled to recover 
all expenses which have necessarily occurred in preserving the thing found; 
as, it a man were to find an animal, he would be entitled to be reimbursed 
for his keeping, for advertising in a reasonable manner that he had found 
it, and to any reward which may have been offered by the owner for the 
recovery of such lost thing. Domat, 1. 2, t. 9, s. 2, n. 2. Vide Story, 
Bailm. Sec. 35. 
     6. And when the owner does not reclaim the goods lost, they belong to 
the finder. 1 Bl. Com. 285; 2 Kent's Com. 290. The acquisition of treasure 
by the finder, is evidently founded on the rule that what belongs to none 
naturally, becomes the property of the first occupant: res nullius 
naturaliter fit pimi[?] occupantis. How far the finder is responsible 
criminally, see 1 Hill, N. Y. Rep. 94; 2 Russ. on Cr. 102; Rosc. Cr. Ev. 474. 
See Taking. 

FINDING, practice. That which has been ascertained; as, the ruling of the 
jury is conclusive as to matters of fact when confirmed by a judgment of 
the court. 1 Day, 238; 2 Day, 12. 

FINDING A VERDICT. The act of the jury in agreement upon a verdict. 

FINE. This word has various significations. It is employed, 1. To mean a sum 
of money, which, by judgment of a competent jurisdiction, is required to be 
paid for the punishment of an offence. 2. To designate the amount paid by 
the tenant, on his entrance, to the lord. 3. To signify a special kind of 

FINE, conveyance, practice. 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 be the right of one of the parties. 
Co. Litt. 120; 2 Bl. Com. 349; Bac. Abr. Fines and Recoveries. A fine is so 
called, because it puts an end, not only to the suit thus commenced, but 
also to all other suits and controversies concerning the same matter. Such 
concords, says Doddridge, (Eng. Lawyer, 84, 85,) have been in use in the 
civil law, and are called transactions (q.v.) whereof they say thus: 
Transactiones sunt de eis quæ in controversia sunt, a, lite futura aut 
pendente ad certam compositionem reducuntur, dando aliquid vel accipiendo. 
Or shorter, thus: Transactio est de re dubia et lite ancipite ne dum ad 
finem ducta, non gratuita pactio. It is commonly defined an assurance by 
matter of record, and is founded upon a supposed previously existing right, 
and upon a writ requiring the party to perform his covenant; although a fine 
may be levied upon any writ by which lands may be demanded, charged, or 
bound. It has also been defined an acknowledgment on record of a previous 
gift or feoffment, and prima facie carries a fee, although it may be limited 
to an estate for life or in fee tail. Prest. on Convey. 200, 202, 268, 269; 2
Bl. Com. 348-9. 
     1. The stat. 18 Edw. I., called modus levandi fines, declares and 
regulates the manner in which they should be levied and carried on and that 
is as follows: 1. The party to whom the land is conveyed or assured, 
commences an action at law against the other, generally an action of 
covenant, by suing out of a writ of præcipe, called a writ of covenant, 
that the one shall convey the lands to the other, on the breach of which 
agreement the action is brought. The suit being thus commenced, then 
     2. The licentia concordandi, or leave to compromise the suit. 3. The 
concord or agreement itself, after leave obtained by the court; this is 
usually an acknowledgment from the deforciants, that the lands in question 
are the lands of the complainants. 4. The note of the fine, which is only an 
abstract of the writ of covenant, and the concord naming the parties, the 
parcels of land, and the agreement. 5. The foot of the fine or the 
conclusion of it, which includes the whole matter, reciting the parties, 
day, year, and place, and before whom it was acknowledged or levied. 
     3. Fines thus levied, are of four kinds. 1. What in law French is 
called a fine sur cognizance de droit, come ceo que il ad de son done; or a 
fine upon the acknowledgment of the right of the cognizee, as that which he 
has of the gift of the cognizor. This fine is called a feoffment of record. 
2. A fine sur cognizance de droit tantum, or acknowledgment of the right 
merely. 3. A fine sur concessit, is where the cognizor, in order to make an 
end of disputes, though he acknowledges no precedent right, yet grants to 
the consignee an estate de novo, usually for life or years, by way of a 
supposed composition. 4. A fine sur done grant et render, which is a double 
fine, comprehending the fine sur cognizance de droit come ceo, &c., and the 
fine sur concessit; and may be used to convey particular limitations of 
estate, and to persons who are strangers, or not named in the writ of the 
covenant, whereas the fine sur cognizance de droit come ceo &c., conveys 
nothing but an absolute estate either of inheritance, or at least of 
freehold. Salk. 340. In this last species of fines, the cognizee, after the 
right is acknowledged to be in him, grants back again, or renders to the 
cognizor, or perhaps to a stranger some other estate in the premises. 2 Bl.
Com. 348 to 358. See Cruise on Fines; Vin. Abr. Fine; Sheph. Touch. c. 2; 
Bac. Ab. Fines and Recoveries; Com. Dig. Fine. 

FINE, criminal law. Pecuniary punishment imposed by a lawful tribunal, upon 
a person convicted of crime or misdemeanor. See Shep. Touchs. 2; Bac. Abr. 
Fines and Amercements. 
     2. The amount of the fine is frequently left to the discretion of the 
court, who ought to proportion the fine to the offence. To prevent the abuse 
of excessive fines, the Constitution of the United States directs that 
"excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted." Amendm. to the Constitution, art. 
8. See Division of opinion. 

FINE FOR ALIENATION. During the vigor of the feudal law, a fine for 
alienation was a sum of money which a tenant by knight's service paid to his 
lord for permission to alienate his right in the estate he held, to another, 
and by that means to substitute a new tenant for himself. 2 Bl. Com. 71, But 
when the tenant held land of the king, in capite, by socage tenure, he was 
bound to pay such a fine, as well as in the case of knight service. 2 Bl.
Com. 89. These fines are now abolished. In France, a similar demand from the 
tenant, made by the lord when the former alienated his estate, was called 
lods et vente. This imposition was abolished, with nearly every feudal 
right, by the French revolution. 

FIRE ACCIDENTAL. One which arises in consequence of some human agency, 
without any intention, or which happens by some natural cause, without human 
     2. Whether a fire arises purely by accident, or from any other cause 
when it becomes uncontrollable and dangerous to the public, a man may, in 
general, justify the destruction of a house on fire for the protection of 
the neighborhood, for the maxim salus populi est suprema lex, applies in 
such case. 11 Co. 13; Jac. Inter. 122, max. 115. Vide Accident; Act of God, 
and 3 Saund. 422 a, note 2; 3 Co. Litt. 57 a, n. 1; Ham. N. P. 171; 1 
Cruise's Dig. 151, 2; 1 Vin. Ab. 215; 1 Rolle's Ab. 1; Bac. Ab. Action on 
the case, F; 2 Lois des Batim. 124; Newl. on Contr. 323; 1 T. R. 310, 708; 
Amb. 619; 6 T. R. 489. 
     3. When real estate is let, and the tenant covenants to pay the rent 
during the term, unless there are proper exceptions to such covenants, and 
the premises are afterwards destroyed by fire, during the term, the rent 
must be paid, although there be no enjoyment; for the common rule prevails, 
res perit domino. The tenant, by the accident, loses his term, the landlord, 
the residence. Story, Eq. Jur. Sec. 102. 

FIREBOTE. Fuel for necessary use; a privilege allowed to tenants to take 
necessary wood for fuel. 

FIRKIN. A measure of capacity equal to nine gallons. The word firkin is also 
used to designate a weight, used for butter and cheese, of fifty-six pounds 

FIRM. The persons composing a partnership, taken collectively, are called 
the firm. Sometimes this word is used synonymously with partnership. 
     2. The name of a firm should be distinct from the names of all other 
firms. When there is a confusion in this respect, the partners composing one 
firm may, in some cases, be made responsible for the debts of another. For 
example, where three persons carried on a trade under the firm of King and 
Company, and two of those persons, with another, under the same firm, 
carried on another partnership; a bill under the firm, and which was drawn 
on account of the one partnership, was made the ground of an action of 
assumpsit against the other. Lord Kenyon was of opinion that this company 
was liable; that the partner not connected with the company that drew the 
bill, having traded along with the other partner under that firm, persons 
taking bills under it, though without his knowledge, had a right to look to 
him for payment. Peake's N. P. Cas. 80; and see 7 East, R. 210; 2 Bell's 
Com. 670, 6th ed.; 3 Mart. N. S. 39. But it would seem, 1st. That any act 
distinctly indicating credit to be given to one of the partnerships, will 
fix the election of the creditor to that company; and 2d. That making a 
claim on either of the firms, or, when they are insolvent, on either of the 
estates, will have the same effect. 
     3. When the style of the firm has been agreed upon, for example, John 
Doe and Company, the partners who sign the name of the firm are required to 
use such name in the style adopted, and a departure from it may have the 
double effect of rendering the individual partner who signs it, personally 
liable not only to third persons, but to his co-partners; Story, Partn. Sec. 
102, 202 and it will be a breach of the agreement, if the partner sign his 
own name, and add, "for himself and partners." Colly. Partn. B. 2, c. 2, 
Sec. 2; 2 Jac. & Walk. 266. 
     4. As a general rule a firm will be bound by the acts of one of the 
partners in the course of their trade and business, and will be discharged 
by transactions with a single partner. For example, the payment or 
satisfaction of a debt by a partner, is a satisfaction and payment by them 
all; and a release to one partner, is in release to them all. Co. Litt. 232 
n; 6 T. R. 525. Vide Partner; Partnership. 
     5. It not unfrequently happens that the name of the firm is the name of 
only one of the partners, and that such partner does business in his own 
name on his private or separate account. In such case, if the contract be 
entered into for the firm, and there is express or implied proof of that 
fact, the partnership will be bound by it; but when there is no such proof, 
the presumption will be that the debt was contracted by the partner on his 
own separate account, and the firm will not be responsible. Story on Part. 
Sec. 139; Colly. on Partn. Book 3, c. 1, Sec. 2; 17 Serg. & Rawle, 165; 5 
Mason, 176; 5 Peters, 529; 9 Pick. 274; 2 Bouv. Inst. n. 1442, et seq. 

FIRMAN. A passport granted by the Great Mogul, to captains of foreign 
vessels, to trade within the territories over which he has jurisdiction; a 

FIRST PURCHASER. In the English law of descent, the first purchaser was he 
who first acquired an estate in a family, which still owns it. A purchase of 
this kind signifies any mode of acquiring an estate, except by descent. 2 
Bl. Com. 220. 

FISC, civil law. The treasury of a prince. The public treasury. Hence to 
confiscate a thing, is to appropriate it to the fisc. Paillet, Droit Public, 
21, n, says that fiscus, in the Roman law, signified the treasure of the 
prince, andærarium, the treasure of the state. But this distinction was 
not observed in France. See Law 10, ff. De jure Fisci. 

FISCAL. Belonging to the fisc, or public treasury. 

FISH. An animal which inhabits the water, breathes by the means of gills, and 
swims by the aid of fins, and is oviparous. 
     2. Fishes in rivers and in the sea, are considered as animals feræ 
naturæ, and consequently no one has any property in them until they have 
been captured; and, like other wild animals, if having been taken, they 
escape and. regain their liberty, the captor loses his property in them. 
Vide Feræ Naturæ. The owner of a fishery in the lower part of a stream 
cannot construct any contrivance by which to obstruct the passage of fish up 
the stream. 5 Pick. R. 199. 

FISHERY, estates. A place prepared for catching fish with nets or hooks. 
This term is commonly applied to the place of drawing a seine, or net. 1 
Whart. R. 131, 2. 
     2. The right of fishery is to be considered as to tide or navigable 
waters, and to rivers not navigable. A river where the tide ebbs and flows 
is considered an arm of the sea. By the common law of England every 
navigable river within the realm as far as the sea ebbs and flows is deemed 
a royal river, and the fisheries therein as belonging to the crown by 
prerogative, yet capable of being granted to a subject to be held or 
disposed of as private property. The profit of such fisheries, however, when 
retained by the crown, is not commonly taken and appropriated by the king, 
unless of extraordinary value, but left free to all the people. Dav. Rep. 
155; 7 Co. 16, a: Plowd, 154, a. Within the tide waters of navigable rivers 
in some of the United States, private or several fisheries were established, 
during the colonial state, and are still held and enjoyed as such, as in the 
Delaware. 1 Whart. 145, 5; 1 Baldw. Rep. 76. On the high seas the right of 
fishing jure gentium is common to all persons, as a general rule. In. 
rivers, not navigable, that is, where there is no flux or reflux of the 
tide, the right of fishing is incident to the owner of the soil, over which 
the water passes, and to the riparian proprietors, when a stream is owned by 
two or more. 6 Cowen's R. 369; 5 Mason's R. 191; 4 Pick. R. 145; 5 Pick. R. 
199. The rule, that the right of fishery, within his territorial limits, 
belongs exclusively to the riparian owner, extends alike to great and small 
streams. The owners of farms adjoining the Connecticut river, above the 
flowing of the tide, have the exclusive right of fishing opposite their 
farms, to the middle of the river although the public have an easement in 
the river as a public highway, for passing and repassing with every kind of 
water craft. 2 Conn. R. 481. The right of fishery may exist, not only in the 
owner of the soil or the riparian proprietor, but also in another who has 
acquired it by grant or otherwise. Co. Litt. l22 a, n. 7; Schul. Aq. R. 40 
41; Ang. W. C. 184; sed vide 2 Salk. 637. 
     3. Fisheries have been divided into: 1. Several fisheries. A several 
fishery is one to which the party claiming it has the right of fishing, 
independently of all others, as that no person can have a coextensive right 
with him in the object claimed, but a partial and independent right in 
another, or a limited liberty, does not derogate from the right of the 
owner. 5 Burr. 2814. A several fishery, as its name imports, is an exclusive 
property; this, however, is not to be understood as depriving the 
territorial owner of his right to a several fishery, when he grants to 
another person permission to fish; for he would continue to be the several 
proprietor, although he should suffer a stranger to hold a coextensive right 
with himself. Woolr. on Wat. 96. 
     4.-2. Free fisheries. A free fishery is said to be 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, Com. 329. Mr. 
Woolrych says, that sometimes a free fishery is confounded with a several, 
sometimes it is said to be synonymous with common, and again treated as 
distinct from either. Law of Waters, &c. 97. 
     5.-3. Common of Fishery. A common of fishery is not an exclusive 
right, but one enjoyed in common with certain other persons. 3 Kent, Com. 
329. A distinction has been made between a common fishery, (commune 
piscarium,) which may mean for all mankind, as in the sea, and a common of 
fishery, (communium piscariæ,) which is a right, in common with certain 
other persons, in a particular stream. 8 Taunt. R. 183. Mr. Angell seems to 
think that common of fishery and free fishery, are convertible terms, Law of 
Water Courses, c. 6., s. 3, 4. 
     6. These distinctions in relation to several, free, and common of, 
fishery, are not strongly marked, and the lines are sometimes scarcely 
perceptible. "Instead of going into the black letter books, to learn what 
was a fishery, and a free fishery, and a several fishery," says Huston, J., 
"I am disposed to regard our own acts, even though differing, from old 
feudal times." 1 Whart. R. 132. See 14 Mus. R. 488; 2 Bl. Com. 39, 40; 7 
Pick. R. 79. Vide, generally, Ang. Wat. Co.; Index, h.t.; Woolr. on Wat. 
Index, h.t.; Schul. Aq. R. Index, h.t.; 2 Rill. Ab. ch. 18, p. 1, 63; Dane's 
Ab. h.t.; Bac. Ab. Prerogative, B 3; 12 John. R. 425; 14 John. R. 255; 14 
Wend. R. 42; 10 Mass. R. 212; 13 Mass. R. 477; 20 John. R. 98; 2 John. R. 
170; 6 Cowen, R. 369; 1 Wend. R. 237; 3 Greenl. R. 269; 3 N. H. Rep. 321; 1 
Pick. R. 180; 2 Conn. R. 481; 1 Halst. 1; 5 Harr. and Johns. 195; 4 Mass. R. 
527; and the articles Arm of the sea; Creek; Navigable; River; Tide. 

TO FIX. To render liable. 
     2. This term is applied to the condition of special bail; when the 
plaintiff has issued a ca. sa. which has been returned by the sheriff, non 
est, the bail are said to be fixed, unless the defendant be surrendered 
within the time allowed ex gratia, by the practice of the court. 5 Binn. R. 
332; Coxe, R. 110; 12 Wheat. R. 604; 4 John. R. 407; 1 Caines, R. 588. The 
defendant's death after the return is no excuse for not surrendering him 
during the time allowed ex gratia. See Act of God; Death. In New Hampshire, 
1 N. H. Rep. 472, and Massachusetts, 2 Mass. R. 485, the bail are not fixed 
until judgment is obtained against them on a scire facias, or unless the 
defendant die after the return of non est or the execution against him. In 
North Carolina, the bail are not fixed till judgment against them. 3 Dev. R. 
155. When the bail are fixed, they are absolutely responsible. 

FIXTURES, property. Personal chattels 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. 
     2. Questions frequently arise as to whether fixtures are to be 
considered real estate, or a part of the freehold; or whether they are to be 
treated as personal property. To decide these, it is proper to consider the 
mode of annexation, the object and customary use of the thing, and the 
character of the contending parties. 
     3.-1. The annexation may be actual or constructive; 1st. By actual 
connexation or annexation is understood every mode by which a chattel can be 
joined or united to the freehold. The article must not however be laid upon 
the ground; it must be fastened, fixed or set into the land, or into some 
such erection as is unquestionably a part of the realty. Bull. N. P. 34; 8 
East, R. 38; 9 East, R. 215; 1 Taunt. 21; Pothier, Traite des Choses, Sec. 
1. Locks, iron stoves set in brick-work, posts, and window blinds, afford 
examples of actual annexation. See 5 Rayw. 109; 20 John. 29; 1 Harr. and 
John. 289; a M'chrd, 553; 9 Conn. 63; 1 Miss. 508, 620; 7 Mass. 432; 15 159; 
3 Stew. 314. 2d. Some things have been held to be parcel of the realty, 
which are not in a real sense annexed, fixed, or fastened to the freehold; 
for example, deeds or chattels which relate to the title of the, 
inheritance, go to the heir; Shep. Touch. 469; but loose, movable machinery, 
not attached nor affixed, which is used in prosecuting any business to which 
the freehold is adapted, is not considered as part of the real estate, nor 
as an appurtenance to it. 12 New H. Rep. 205. See, however, 2 Watts & S. 
116, 390. It is also laid down that deer in a park, fish in a pond, and 
doves in a dove-house, go to the heir and not to the executor, being with 
keys and heirlooms, constructively annexed to the inheritance. Sheph. 
Touchs. 90; Pothier, Traite des Choses, Sec. 1. 
     4.-2. The general rule is, that fixtures once annexed to the 
freehold, become a part of the realty. But to this rule there are 
exceptions. These are, 1st. Where there is a manifest intention to use the 
fixtures in some employment distinct from that of the occupier of the real 
estate. 2d. Where it has been annexed for the purpose. of carrying on a 
trade; 3 East, 88; 4 Watts, 330; but the distinction between fixtures for 
trade and those for agriculture does not in the United States, seem to have 
been generally admitted to prevail. 8 Mass. R. 411; 16 Mass. R. 449; 4 Pick. 
R. 311; and set, 2 Peter's Rep. 137. The fact that it was put up for the 
purposes of trade indicates an intention that the thing should not become a 
part of the freehold. See 1 H. B. 260. But if there be a clear intention 
that the thing should be annexed to the realty, its being used for the 
purposes of trade would not perhaps bring the case within one of the 
exceptions. 1 H. B. 260. 
     5.-3. There is a difference as to what fixtures may or may not be 
removed, as the parties claiming them stand in one relation or another. 
These classes of persons will be separately considered. 
     6.-1st. When the question as to fixtures arises between the executor 
and the heir. The rule, as between these persons has retained much of its 
original strictness, that the fixtures belong to the real estate, or the 
heir i but if the ancestor manifested an intention, which is to be inferred 
from circumstances, that the things affixed should be considered as 
personally, they must be so considered, and will belong to the executor. See 
Bac. Abr. Executors and Administrators; 2 Str. 1141; 1 P. Wms. 94; Bull. N. 
P. 34. 
     7.-2d. As between vendor and vendee. The rule is as strict between 
these persons as between the executor and the heir; and fixtures erected by 
the vendor for the purpose of trade and manufactures, as potash kettles for 
manufacturing ashes, pass to the vendee of the land. 6 Cowen, R. 663; 20 
Johns. R. 29. Between mortgagor and mortgagee, the rule seems to be the same 
as that between vendor and vendee. Amos & F. on Fixt. 188; 15 Mass. R. 15 
9; 1 Atk. 477; 16 Verm. 124; 12 N. H. Rep. 205. 
     8.-3d. Between devisee and executor. On a devise of real estate, 
things permanently annexed to the realty at the time of the testator's 
death, will pass to the devisee. His right to fixtures will be similar, to 
that of the vendee. 2 Barn. & Cresw. 80. 
     9.-4th. Between landlord and tenant for years. The ancient rule is 
relaxed, and the right of removal of fixtures by the tenant is said to be 
very extensive. 3 East, 38. But his right of removal is held to depend 
rather upon the question whether the estate will be left in the condition in 
which he took it. 4 Pick. R. 311. 
    10.-5th. In cases between tenants for life or their executors and the 
remainder-men or reversioners, the right to sever fixtures seems to be the 
same as that of the tenant for years. It has been held that the steam 
engines erected in a colliery, by a tenant for life, should belong to the 
executor and not go to the remainder-man. 3 Atk. R. 1 3. 
    11.-6th. In a case between the landlord and a tenant at will, there 
seems to be no reason why the same privilege of removing fixtures should not 
be allowed. 4 Pick. R. 511; 5 Pick. R. 487. 
    12. The time for exercising the right of removal of fixtures is a matter 
of importance a tenant for years may remove them at any time before he gives 
up the possession of the premises, although it should be after his term has 
expired, and he is holding over. 1 Barn. & Cres. 79, 2 East, 88. Tenants for 
life or at will, having uncertain, interests in the land, may, after the 
determination of their estates, not occasioned by their own faults, have a 
reasonable time within which to remove their fixtures. Hence their right to 
bring an action for them. 3 Atk. 13. In case of their death the right passes 
to their representatives. 
     See, generally, Vin. Abr. Landlord and Tenant, A; Bac. Abr. Executors, 
&c. H 3; Com. Dig. Biens, B and C; 2 Chitty's Bl. 281, n. 23 Pothier, Traite 
des Choses; 4 Co. 63, 64; Co. Litt. 53, a, and note 5, by Hargr.; Moore, 177; 
Hob. 234; 3 Salk. 368; 1 P. Wms. 94; 1 Atk. 553; 2 Vern. 508; 3 Atk. 13; 1 
H. Bl. 259, 4 Ambl. 113; 2 Str. 1141; 3 Esp. 11; 2 East, 88; 3 East, 38; 9 
East, 215; 3 Johns. R. 468; 7 Mass. 432; 6 Cowen, 665; 2 Kent, Com. 280; 
Ham., Part. 182; Jurist, No. 19, p. 53; Arch. L. & T. 359; Bouv. Inst. 
Index, h.t. 

FLAG OF THE UNITED STATES. By the act entitled, "An act to establish the 
flag of the United States," passed April 4, 1818, 3 Story's L. U. S., 1667, 
it is enacted
     2.-1. 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. 
     3.-2. 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. 

FLAGRANS CRIMEN. This, among the Romans, signified that a crime was then or 
had just been committed for example, when a crime has just been committed 
and the corpus delictum is publicly exposed; or if a mob take place; or if a 
house be feloniously burned, these are severally flagrans crimen. 
     2. The term used in France is flagrant delit. The code of criminal 
instruction gives the following concise definition of it, art. "Le delit qui 
se commet actuellement ou qui vient de se coramettre, est un flagrant 

FLAGRANTE DELICTO. The act of committing a crime; when a person is arrested 
flagrante delicto, the only evidence required to convict him, is to prove 
that fact. 

FLEET, punishment, Eng. law, Saxon fleot. A place of running water, where 
the tide or float comes up. A prison in London, so called from a river or 
ditch which was formerly there, on the side of which it stood. 

FLETA. The title of an ancient law book, supposed to have been written by a 
judge who was confined in the Fleet prison. It is written in Latin, and is 
divided into six books. The author lived in the reigns of Ed. II. and Ed. 
III. See lib. 2, cap. 66, Sec.  Item quod nullus; lib. 1, cap. 20, Sec. qui 
coeperunt, pref. to 10th Rep. Edward II. was crowned, A. D. 1306. Edward 
III. was crowned 1326, and reigned till A. D. 1377. During this period the 
English law was greatly improved, and the lawyers and judges were very 
learned. Hale's Hist. C. L. 173. Blackstone 4 Com. 420, says, of this work, 
"that it was for the most part law, until the alteration of tenures took 
place." The same remark he applies to Britton and Bingham. 

FLIGHT, crim. law. The evading the course of justice, by a man's voluntarily 
withdrawing himself. 4 Bl. Com. 384. Vide Fugitive from justice. 

FLORIDA. The name of one of the new states of the United States of America. 
It was admitted into the Union by virtue of the act of congress, entitled An 
Act for the admission of the states of Iowa and Florida into the Union, 
approved March 3, 1845. 
     2. The constitution was adopted on the eleventh day of January, 
eighteen hundred and thirty-nine. The powers of the government are divided 
into three distinct branches, namely, the legislative, the executive, and 
the judicial, 
     3.-1. Of the legislative power. 1. The legislative power of this 
state shall be vested in two distinct branches, the one to be styled the 
senate, the other the house of representatives, and both together, "The 
General Assembly of the State of Florida," and the style of the laws shall 
be, "Be it enacted by the Senate and House of Representatives of the State 
of Florida in General Assembly convened." 
     4.-2. A majority of each house shall constitute a quorum to do 
business, but smaller number may adjourn from day to day, and may compel the 
attendance of absent members in such. manner, and under such penalties, as 
each house may prescribe. 
     5.-3. Each house may determine the rules of its own proceedings, 
punish its members for disorderly behaviour, and, with the consent of two-
thirds, expel a member; but not a second time for the same cause. 
     6.-4. Each house, during the session, may punish by imprisonment, any 
person not a member, for disrespectful or disorderly behaviour in its 
presence, or for obstructing any of its proceedings, provided such 
imprisonment shall not extend beyond the end of the session. 
     7.-5. Each house shall keep a journal of its proceedings, and cause 
the same to be published immediately after its adjournment, and the yeas and 
nays of, the members of each house shall be taken, and entered upon the 
journals, upon the final passage of every bill, and may, by any two members, 
be required upon any other question, and any member of either house shall 
have liberty to dissent from, or protest against, any act or resolution 
which he may think injurious to the public, or an individual, and have the 
reasons of his dissent entered on the journal. 
     8.-6. Senators and representatives shall in all cases, except 
treason, felony or breach of the peace, be privileged from arrest during the 
session of the general assembly, and in going to, or returning from the 
same, allowing one day for every twenty miles such member may reside from 
the place at which the general assembly is convened; and for any speech or 
debate, in either house, they shall not be questioned in any other place. 
     9.-7. The general assembly shall make provision, by law, for filling 
vacancies that may occur in either house, by the death, resignation, (or 
otherwise,) of any of its members. 
    10.-8. The doors of each house shall be open, except on such occasions 
as, in the opinion of the house, the public safety may imperiously require 
    11.-9. Neither house shall, without the consent of the other, adjourn 
for more than three days, nor, to any other place than that in which they 
may be sitting. 
    12.-10. Bills may originate in either house of the general assembly, 
and all bills passed by one house may be discussed, amended or rejected by 
the other; but no bill shall have the force of law until, on three several 
days, it be read in each house, and free discussion be allowed thereon, 
unless in cases of urgency, four-fifths of the house in which the same shall 
be depending, may deem it expedient to dispense with the rule; and every 
bill, having passed both houses, shall be signed by the speaker and 
president of their respective houses. 
    13.-11. Each member of the general assembly shall receive from the 
public treasury such compensation for his services,as may be fixed by law, 
but no increase of compensation shall take effect during the term for which 
the representatives were elected when such law passed. 
    14.-12. The sessions of the general assembly shall be annual, and 
commence on the fourth Monday in November in each year, or at such other 
time as may be prescribed by law. 
    15. The senators will be considered with regard, 1. To the qualification 
of the electors. 2. The qualification of the members. 3. The number of 
members. 4. The time of their election. 5. The length of service. 
    16.-1st. The senators shall be elected by the qualified voters. Const. 
art. 4, s. 5. 
    17.-2d. No man shall be a senator unless be be a white man, a citizen 
of the United States, and shall have been an inhabitant of Florida two years 
next preceding his election, and the last year thereof a resident of the 
district or county for which he shall be chosen, and shall have attained the 
age of twenty-five years. Const. art. 4, s. 5. And to this there are the 
following exceptions: 
     All banking officers of any bank in the state are ineligible until 
after twelve-months after they shall go out of such office. Art. 6, 3. 
     All persons who shall fight, or send, or accept a duel, the probable 
issue of which may be death, whether committed in or out of the state. Art. 
6, s. 5. 
     All collectors or holders of public money. Art. 6, s. 6. 
     All ministers of the Gospel. Art. 6, s. 10.
     All persons who shall have procured their elections by bribery.
     All members of congress, or persons holding or exercising any, office 
of profit under the United States, or under a foreign power. Art. 6, s. 18. 
     18.-3d. The number of senators may be varied by the general assembly, 
but it shall never be less, than one-fourth, nor more than one-half of the 
whole number of the house of representatives. Art. 9, s. 2. 
    19.-4th. The time and place of their election is the same as those for 
the house of representatives. Art. 4, s. 5. 
    20.-5th. They are elected for the term of two years. Art. 4, s. 5. 
    21. The house of representatives will be considered under the same 
    22.-1st. Members of the house of representatives shall be chosen by 
the qualified voters. 
    23.-2d. No person shall be a representative unless he be a white man, 
a citizen of the United States, and shall have been an inhabitant of the 
state two years next preceding his election, and the last year thereof a 
resident of the county for which he shall be chosen, and have attained the 
age of twenty-one years. Art. 4, s. 4. And the same persons are 
disqualified, who are disqualified as senators. 
    24.-3d. The number of members shall never exceed sixty. Art. 4, s. 18. 
    25.-4th. The time of holding the election is the first Monday of 
October annually. 
    26.-5th. Members of the house of representatives are elected for one 
year from the day of the commencement of the general election, and no 
longer. Art. 4, s. 2. 
    27.-2. Of the executive. The supreme executive power is vested in a 
chief magistrate, who is styled the governor of Florida. Art. 3. 
    28. No person shall be eligible to the office of governor, unless he 
shall have attained the age of thirty years, shall have been a citizen of 
the United States ten years, or an inhabitant of Florida at the time of the 
adoption of the constitution, (being a citizen of the United States,) and 
shall have resided in Florida at least five years preceding the day of 
    29. The governor shall be elected for four years, by the qualified 
electors, at the time and place where they shall vote for representatives; 
and shall remain in office until a successor shall be chosen and qualified, 
and shall not be eligible to reelection until the expiration of four years 
    30. His general powers are as follows: 1. He is commander-in-chief of 
the army, navy, and militia of the state. 2. He shall take care that the 
laws be faithfully executed. 3. He may require information from the 
officers of the executive department. 4. He may convene the general 
assembly by proclamation upon particular occasions. 5. He shall, from time 
to time, give information to the general assembly. 6. He may grant pardons, 
after conviction, in all cases except treason and impeachment, and in these 
cases, with the consent of the senate; and he may respite the sentence in 
these cases until the end of the next session of the senate. 7. He may 
approve or veto bills. 
    31. In case of vacancy in the office of governor, the president of the 
senate shall act in his place, and in case of his default, the speaker of 
the house of representatives shall fill the office of governor. Art. 3, s. 
    32.-3. Of the judicial department. 1. The judicial power of this 
state, both as to matters of law and equity, shall be vested in a supreme 
court, courts of chancery, circuit courts, and justices of the peace: 
Provided, the, general assembly may also vest such criminal jurisdiction as 
may be deemed necessary in corporation courts; but such jurisdiction shall 
not extend to capital offences. Art. 5, s. 1. 
    33.-2. Justices of the supreme court, chancellors, and judges of the 
circuit courts, shall be elected by, the concurrent vote of a majority of 
both houses of the general assembly. Art. 5, s. 11. 
    34.-3. The judges of the circuit courts shall, at the first session. 
of the general assembly to be holden under the constitution, be elected for 
the term of five years and shall hold their office, for that term, unless 
sooner removed, under the provisions in the constitution; and at the 
expiration of five years, the justices of the supreme courts, and the judges 
of the circuit courts, shall be elected for the term of, and during their 
good behaviour. 
    35. Of the supreme court. 1. The powers of the supreme court are vested 
in, and its duties performed by, the judges of the several circuit courts, 
and they, or a majority of them, shall hold such session of the supreme 
court, and at such time and place as may be directed by law. Art. 5, s. 3. 
But no justice of the supreme court shall sit as judge, or take any part in 
the appellate court, on the trial or hearing of any case which shall have 
been decided by him in the court below. Art. 5, s. 18. 
    36.-2. The supreme court, except in cases otherwise directed in this 
constitution, shall have appellate jurisdiction only. Provided, that the 
said court shall always have power to issue writs of injunction, mandamus, 
quo warranto, habeas corpus, and such other remedial and original writs, as 
may be necessary to give it a general superintendance and control of all 
other courts. Art. 5, s. 2. 
    37.-3. The supreme court shall exercise appellate jurisdiction in all 
cases brought by appeal or writ of error from the several circuit courts, 
when the matter in controversy exceeds in amount or value fifty dollars. 
    38. Of the circuit courts. 1. The state is to be divided into circuits, 
and the circuit courts, held within such circuits, shall have original 
jurisdiction in all matters, civil and criminal, within the state, not 
otherwise excepted in this constitution. Art. 5, s. 6. 

FLORIN. The name of a foreign coin. In all computations of customs, the 
florin of the southern states of Germany, shall be estimated at forty cents; 
the florin of the Austrian empire, and of the city of Augsburg, at forty-
eight and one-half cents. Act March 22, 1846. The florin of the United 
Netherlands is computed at the rate of forty cents. Act of March 2, 1799, 
Sec. 61. Vide Foreign Coins. 

FLOTSAM, or FLOTSAN. A name for the goods which float upon the sea when a 
ship is sunk, in distinction from Jetsam, (q.v.) and Legan. (q.v.) Bract. 
lib. 2, c. 5; 5 Co. 106; Com. Dig. Wreck, A Bac. Ab. Court of Admiralty, B. 

FLUMEN, civ. law. The name of a servitude which consists in the right of 
turning the rain water, gathered in a spout, on another's land., Ersk. Inst. 
B. 2, t. 9, n. 9. Vicat, ad vocem. See Stillicidium. 

FOEDUS. A league; a compact.

FOENUS NAUTICUS. The name given to marine interest. (q.v.)
     2. The amount of such interest is not limited by law, because the 
lender runs the risk of losing his principal. Ersk. Inst. B. 4, t. 4, n. 
76. See Marine Interest. 

FOETICIDE, med. jur. Recently, this term has been applied to designate the 
act by which criminal abortion is produced. 1 Beck's Med. Jur. 288; Guy, 
Med. Jur. 133. See Infanticide; Prolicide. 

FOETURA, 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. Bowy. Mod. C. L. c. 14, p. 81. 

FOETUS, med. jur. The unborn child. The name of embryo is sometimes given to 
it; but, although the terms are occasionally used indiscriminately, the 
latter is more frequently employed to designate the state of an unborn child 
during the first three months after conception, and by some until 
quickening. A foetus is sometimes described by the uncouth phrase of infant 
in ventre sa mere. 
     2. It is sometimes of great importance, particularly in criminal law, 
to ascertain the age of the foetus, or how far it has progressed towards 
maturity. There are certain signs which furnish evidence on this subject, 
the principal of which are, the size and weight, and the formation of 
certain parts as the cartilages, bones, &c. These are not always the same, 
much of course must depend upon the constitution and health of the mother, 
and other circumstances which have an influence on the foetus. The average 
length and weight of the foetus at different periods of gestation, as 
deduced by Doctor Beck, from various observers, as found by Maygrier, is 
here given. 

          ³     Beck.      ³  Maygrier.    ³    Beck.      ³  Maygrier.    ³
          ³                ³               ³               ³               ³
          ³             Length.            ³              Weight.          ³
          ³                                ³                               ³
³30 days. ³3 to 5 lines.   ³10 to 12 lines.³               ³9 to 10 grains.³
³ 2 Months³2 inches.       ³4 inches.      ³2 ounces.      ³5 drachms.     ³
³ 3   do. ³3" inches.      ³6 inches.      ³2 to 3 ounces. ³2" ounces.     ³
³ 4   do. ³5 to 6 inches.  ³8 inches.      ³4 to 6 ounces. ³7 to 8 ounces. ³
³ 5   do. ³7 to 9 inches.  ³10 inches.     ³9 to 10 ounces.³16 ounces.     ³
³ 6   do. ³9 to 12 inches. ³12 inches.     ³1 to 2 pounds. ³2 pounds.      ³
³ 7   do. ³12 to 14 inches.³14 inches.     ³2 to 3 pounds. ³3 pounds.      ³
³ 8   do. ³16 inches.      ³16 inches.     ³3 to 4 pounds. ³4 pounds.      ³

     3. The discordance apparent between them proves that the observations 
which have been made, are only an approximation to truth. 
     4. It is proper to remark that the Paris pound poids de marc, which was 
the weight used by Maygrier, differs from avoirdupois weight used by Dr. 
Beck. The pound poids de marc, of sixteen ounces, contains 9216 Paris 
grains, whilst the avoirdupois contains only 8532.5 Paris grains. The Paris 
inch is 1.065977 English inch. Vide, generally, 1 Beck's Med. Jur. 239; 2 
Dunglison's Human Physiology, 391; Ryan's Med. Jur. 137; 1 Chit. Med. Jur. 
403; I Briand, Med. Leg. prem. partie, c. 4, art. 2; and the articles Birth; 
Dead Born; Foeticide; In ventre sa mere; Infanticide; Life; and Quick with 

FOLCMOTE. The name of a court among the Saxons. It was literally an assembly 
of the people or inhabitants of the tithing or town, its jurisdiction 
extended over disputes between neighbors, as to matters of trespass in 
meadows, corn, and the like. 

FOLD-COURSE, Eng. law. By this phrase is understood land used as a 
sheepwalk; it also signifies land to which the sole right of folding the 
cattle of others is appurtenant; sometimes it means merely such right of 
folding. It is also used to denote the right of folding on another's land, 
which is called common foldage. Co. Litt. 6 a, note 1; W. Jo. 375; Cro. Cal. 
432; 2 Vent. 139. 

FOLK-LAND, Eng. law. Land formerly held at the pleasure of the lord, and 
resumed at his discretion. It was held in villeinage. 2 Bl. Com. 91. 

FOOT. A measure of length, containing one-third of a yard, or twelve inches. 
See Ell. Figuratively, it signifies the conclusion, the end; as, the foot of 
the fine, the foot of the account. 

FOOT OF THE FINE, estates, conveyancing. 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.
Com. 351. 

FOR THAT, pleading. It is a maxim in law, regulating alike every form of 
action, that the plaintiff shall state his complaint in positive and direct 
terms, and not by way of recital. "For that," is a positive allegation; "For 
that whereas," in Latin "quod cum," (q.v.) is a recital. Hamm. N. P. 9. 

FORBEARANCE, contracts. The act by which a creditor waits for the payment of 
the debt due him by the debtor, after it has become due. 
     2. When the creditor agrees to forbear with his debtor, this is a 
sufficient consideration to support an assumpsit made by the debtor. 4 John. 
R. 237; 2. Nott & McCord, 133; 2 Binn. R. 510; Com. Dig. Action upon the 
case upon assumpsit, B 1; Dane's Ab. Index, h.t.; 1 Leigh's N. P. 31; 1 
Penna. R. 385; 4 Wash. C. C. R. 148; 5 Rawle's R. 69. 
     3. The forbearance must be of some right which can be enforces with 
effect against the party forborne; if it cannot be so enforced by the party 
forbearing, he has sustained no detriment, and the party forborne has 
derived no benefit. 4 East, 455; 5 B. & Ald. 123. See 1 B. & A. 605; Burge on 
Sur. 12, 13. Vide Giving time. 

FORCE. A power put in motion. It is: 1. Actual; or 2. Implied. 
     2.-1. If a person with force break a door or gate for an illegal 
purpose, it is lawful to oppose force to force; and if one enter the close 
of another, vi et armis, he may be expelled immediately, without a previous 
request; for there is no time to make a request. 2 Salk. 641; 8 T. R. 78, 
357. And see tit. Battery, Sec. 2. When it is necessary to rely upon actual 
force in pleading, as in the case of a forcible entry, the words "manu 
forti," or with a strong hand should be adopted. 8 T. R. 357, 358. But in 
other cases, the words "vi et armis," or "with force and arms," is 
sufficient. Id. 
     3.-2. The entry into the ground of another, without his consent, is 
breaking his close, for force is implied in every trespass quare clausum 
fregit. 1 Salk. 641; Co. Litt. 257, b; 161, b; 162, a; 1 Saund: 81, 140, n. 
4; 8 T. R. 78, 358; Bac. Ab. Trespass; this Dict. tit. Close. In the case of 
false imprisonment, force is implied. 1 N. R. 255. And the same rule 
prevails where a wife, a daughter or servant, have been enticed away or 
debauched, though in fact they consented, the law considering them incapable 
of consenting. See 3 Wils. 18; Fitz. N. B. 89, O; 5 T. R. 361; 6 East, 387; 
2 N. R. 365, 454. 
     4. In general, a mere nonfeasance cannot be considered as forcible; for 
where there has been no act, there cannot be force, as in the case of the 
mere detention of goods without an unlawful taking. 2 Saund. 47, k 1. In 
general, by force is understood unlawful violence. Co. Litt. 161, b.; Bouv. 
Inst. Index, h.t. Vide Arms. 

FORCE AND ARMS. The same as vi et armis. (q.v.)

FORCED HEIRS. In Louisiana they are 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. Civ. Code of 
Lo. art. 1482. As to the portion of the estate they are entitled to, see the 
article Legitime. As to the causes for which forced heirs may be deprived of 
this right, See Disinherison. 

FORCIBLE ENTRY or DETAINER, crim. law. An offence committed by unlawfully 
and violently taking or keeping possession of lands and tenements, with 
menaces, force and, arms, and without the authority of law. Com. Dig. h.t. 
     2. The proceedings in case of forcible entry or detainer, are regulated 
by statute in the several states. (q.v.) The offence is generally punished 
by indictment. 4 Bl. Com. 147, Russ. on Cr. 283. A forcible entry and a 
forcible detainer, are distinct offences. 1 Serg. & Rawle, 124; 8 Cowen, 
     3. In the civil and French law, a similar remedy is given for the 
offence. The party injured has two actions, a criminal or a civil. The 
action is called actio interdictum undevie. In French, l'action 
reintegrande. Poth. Proc. Civ. Partie 2, c. 3, art. 3; 11 Toull. Nos. 123, 
134, 135, 137, pp. 179, 180, 182, and, generally, from p. 163. Vide, 
generally, 3 Pick. 31; 3 Halst. R. 48; 2 Tyler's R. 64; 2 Root's R. 411; Id. 
472; 4 Johns. R. 150; 8 Johns. R. 44; 10 Johns. R. 304; 1 Caines' R. 125; 2 
Caines' R. 98; 9 Johns. R. 147; 2 Johns. Cas. 400; 6 Johns. R. 334; 2 Johns. 
R. 27; 3 Caines' R. 104; 11 John. R. 504; 12 John. R. 31; 13 Johns. R. 158; 
Id. 340; 16 Johns. R. 141; 8 Cowen, 226; 1 Coxe's R. 258; Id. 260; 1 South. 
R. 125; 1 Halst. R. 396; 3 Id. 48; 4 Id. 37; 6 Id. 84; 1 Yeates, 501; Addis. 
R. 14, 17, 43, 316, 355; 3 Serg. & Rawle, 418; 3 Yeates, 49; 4 Dall. 212; 4 
Yeates, 326; 3 Harr. & McHen. 428; 2 Bay, R. 355; 2 Nott & McCord, 121; 1 
Const. R. 325; Cam. & Norw. 337, 340; Com. Dig. h.t.; Vin. Ab. h.t.; Bac. 
Ab. h.t.; 2 Chit. Pr. 281 to 241. 
     4. The civil law punished even the owner of an estate, in proportion to 
the violence used, when he forcibly took possession of it, a fortiori, a 
stranger. Domat, Supp. au Dr. Pub. 1. 3, t. 4, s. 3. 

FORECLOSURE, practice. A proceeding in chancery, by which the mortgagor's 
right of redemption of the mortgaged premises is barred or foreclosed 
     2. This takes place 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; in such case the mortgagee may file a 
bill, calling on the mortgagor, in a court of equity, to redeem his estate 
presently, or in default thereof, to be forever closed or barred from any 
right of redemption. 
     3. In some cases, however, the mortgagee obtains a decree for a sale of 
the land, under the direction of an officer of the court, in which case the 
proceeds are applied to the discharge of encumbrances, according to their 
priority. This practice has been adopted in Indiana, Kentucky, Maryland, 
South Carolina, Tennessee, and Virginia. 4 Kent, Com. 180. When it is the 
practice to foreclose without a sale, its severity is mitigated by enlarging 
the time of redemption from six months to six months, or for shorter 
periods, according to the equity arising from the circumstances. Id. Vide 2 
John. Ch. R, 100; 6 Pick. R. 418; 1 Sumn. R. 401; 7 Conn. R. 152; 5 N. H. 
Rep. 30; 1 Hayw. R. 482; 5 Han. R. 554; 5 Yerg. 240; 2 Pick. R. 40; 4 Pick. 
R. 6; 2 Gallis. 154; 9 Cowen's R. 346; 4 Greenl. R. 495; Bouv. Inst. Index, 

FOREHAND RENT, Eng. law. A species of rent which is a premium given by the 
tenant at the time of taking the lease, as on the renewal of leases by 
ecclesiastical corporations, which is considered in the nature of an 
improved rent. 1 T. R. 486; 3 T. R. 461; 3 Atk. 473; Crabb. on R. P. Sec. 

FOREIGN. That which belongs to another country; that which is strange. 1 
Peters, R. 343. 
     2. Every nation is foreign to all the rest, and the several states of 
the American Union are foreign to each other, with respect to their 
municipal laws. 2 Wash. R. 282; 4 Conn. 517; 6 Conn. 480; 2 Wend. 411; 1 
Dall. 458, 463; 6 Binn. 321; 12 S. & R. 203; 2 Hill R. 319; 1 D. Chipm. 303; 7 
Monroe, 585; 5 Leigh, 471; 3 Pick. 293. 
     3. But the reciprocal relations between the national government and the 
several states composing the United States are not considered as foreign, 
but domestic. 9 Pet. 607; 5 Pet. 398; 6 Pet. 317; 4 Cranch, 384; 4 Gill & 
John. 1, 63. Vide Attachment, for foreign attachment; Bill of exchange, for 
foreign bills of exchange; Foreign Coins; Foreign Judgment; Foreign Laws;  

FOREIGN ATTACHMENT. The name of a writ. By virtue of a foreign attachment, 
the property of an absent debtor is seised for the purpose of compelling an 
appearance, and, in default of that, to pay the claim of the plaintiff. Vide 

FOREIGN COINS, com. law. The money of foreign nations. 
     2. Congress have, from time to time, regulated the rates at which 
certain foreign coins should pass. The acts now in force are the following. 
     3. The act of June 25, 1834, 4 Sharsw. Cont. of Story's L. U. S. 2373, 
enacts, sec. 1. That from and after the passage of this act, the following 
silver coins shall be of the legal value and shall pass current as money 
within the United States, by tale, for the payment of all debts and demands, 
at the rate of one hundred cents the dollar, that is to say, the dollars of 
Mexico, Peru, Chili,.and Central America, of not less weight than four 
hundred and fifteen grains each, and those re-stamped in Brazil of the like 
weight, of not less fineness than ten ounces, fifteen pennyweights of pure 
silver, in the troy pound of twelve ounces of standard silver; and five 
franc pieces of France, when of not less fineness than ten ounces and 
sixteen pennyweights in twelve ounces troy weight of standard silver, and 
weighing not less than three hundred and eighty-four grains each, at the 
rate of ninety-three cents each. 
     4. The act of June 28, 1834, 4 Sharsw. Cont. of Story's L. U. S, 2377, 
enacts) sect. 1. That from and after the thirty-first day of July next, the 
following gold coins shall pass current as money within the United States, 
and be receivable in all payments, by weight, for the payment of all debts 
and demands, at the rates following, that is to say: the gold coins of Great 
Britain and Portugal and Brazil, of not less than twenty-two, carats fine, 
at the rate of ninety-four cents and eight-tenths of a cent per pennyweight; 
the gold coins of France nine-tenths fine, at the rate of ninety-three cents 
and one-tenth of a cent per pennyweight; and the gold coins of Spain, 
Mexico, and Colombia, of the fineness of twenty carats three. grains and 
seven-sixteenths, of a grain, at the rates of eighty-nine events and nine-
tenths of a cent per pennyweight. 
     5. By the act of. March 3, 1823, 3 Story's L. U. S. 1923, it is 
enacted, sect. 1. That from and after the passage of this act, the following 
gold coins shall be received in all payments on account of public lands, at 
the several and respective rates following, and not otherwise, viz.: the 
gold coins of Great Britain and Portugal, and of their present standard, at 
the rate of one hundred cents for every twenty-seven grains, or eighty-eight 
cents and eight-ninths per pennyweight; the gold coins of France of their 
present standard,  at the rate of one hundred cents for every twenty-seven 
and a half grains, or eighty-seven and a quarter cents per pennyweight; and 
the gold coins of Spain of their present standard, at the rate of one 
hundred cents for every twenty-eight and a half grains or, eighty-four cents 
per pennyweight. 
     6. The act of March 2, 1 799, 1 Story's L. U. S. 573, to regulate the 
collection of duties on imports and tonnage, sect. 61, p. 626, enacts, That 
the ad valorem rates of duty upon goods, wares, and merchandise, at the 
place of importation, shall be estimated by adding twenty per cent to the 
actual costs thereof, if imported from the Cape of Good Hope, or from any 
place beyond the same; and ten per cent. on the actual cost thereof, if 
imported from any other place or country, including all charges; 
commissions, outside packages, and insurance, only excepted. That all 
foreign coins and currencies shall be estimated at the following rates; each 
pound sterling of Great Britain, at four dollars and forty-four cents; each 
livre tournois of France, at eighteen and a half cents; each florin, or 
guilder of the United Netherlands, at forty cents; each marc-banco of 
Hamburg, at thirty-three and one-third cents; each rix dollar of Denmark, at 
one hundred cents: each rial of plate, and each rial of vellon, of Spain, the 
former at ten cents, the latter at five cents, each; each milree of 
Portugal, at one dollar and twenty-four cents; each pound sterling of 
Ireland, at four dollars and ten cents; each tale o China, at one dollar and 
forty-eight cents; each pagoda of India, at one dollar and ninety four 
cents; each rupee, of Bengal, at fifty-five cents and one half; and all 
other denominations of money, in value as nearly as may be to the said 
rates, or the intrinsic value thereof, compared with money of the United 
States: Provided, that it shall be lawful for the president of the United 
States to cause to be established fit and proper regulations for estimating 
the duties on goods, wares, and merchandise, imported into the United 
States, in respect to which the original cost shall be exhibited in a 
depreciated currency, issued and circulated under authority of any foreign 
     7. By the act of July 14 1832, s. 16, 4 Sharsw. Cont. of Story's L. U. 
S. 2326, the law is changed as to the value of the pound sterling, in 
calculating the rates of duties. It is thereby enacted, that from and after 
the said third day of March, one thousand eight hundred and thirty-three, in 
calculating the rate of duties, the pound sterling shall be considered and 
taken as of the value of four dollars and eighty cents. 
     8. The act of March 3, 1843, provides, That in all computations of the 
value of foreign moneys of account at the custom houses of the United 
States, the thaler of Prussia shall be deemed and taken to be of the value 
of sixty-eight and one-half cents; the mii-reis of Portugal shall be deemed 
and taken to be of the value of one hundred and twelve cents; the rix dollar 
of Bremen shall be deemed and taken to be of the value of seventy-eight and 
three quarter cents; the thaler of Bremen, of seventy-two grotes, shall be 
deemed and taken to be of the value of seventy-one cents; that the mil-reis 
of Madeira shall be deemed and taken to be of the value of one hundred 
cents; the mil-reis of the Azores shall be deemed and taken to be of the 
value of eighty-three and one-third cents; the marc-banco of Hamburg shall 
be deemed and taken to be of the value, of thirty-five cents; the rouble of 
Russia shall be deemed and taken to be of the value of seventy-five cents; 
the rupee of British India shall be deemed and taken to be of the value of 
forty-four and one half cents; and all former laws inconsistent herewith are 
hereby repealed. 
     9. And the act of May 22, 1846, further directs, That in all 
computations at the custom-house, the foreign coins and money of account 
herein specified shall be estimated as follows, to wit: The specie dollar of 
Sweden and Norway, at one hundred and six cents. The specie dollar of 
Denmark, at one hundred and five cents. The thaler of Prussia and of the 
Northern States of Germany, at sixty-nine cents. The florin of the Southern 
States of Germany, at forty cents. The florin of the Austrian empire, and of 
the city of Augsburg, at forty-eight and one half cents. The lira of the 
Lombardo-Venetian Kingdom, and the lira of Tuscany, at sixteen cents. The 
franc of France, and of Belgium, and the lira of Sardinia, at eighteen cents 
six mills. The ducat of Naples, at eighteen cents. The ounce of Sicily, at 
two dollars and forty cents. The pound of the British provinces of Nova 
Scotia, New Brunswick, Newfoundland, and Canada, at four dollars. And all 
laws inconsistent with this act are hereby repealed. 

FOREIGN JUDGMENT, evidence, remedies. A judgment rendered in a foreign 
     2. In Louisiana it has been decided that a judgment rendered by a 
Spanish tribunal, under the former government of the country, is not a 
foreign judgment. 4 M. R. 301; Id. 310. 
     3. The subject will be considered with regard, 1st. To the manner of 
proving such judgment; and 2d. Its efficacy. 
     4. - 1. Foreign judgments are authenticated in various ways; 1. By an 
exemplification, certified under the great seal of the state or country 
where it was rendered. 2. By a copy proved to be a true copy. 3. By the 
certificate of an officer authorized by law, which certificate must, itself, 
be properly authenticated. 2 Cranch, 238; 2 Caines' R. 155; 5 Cranch, 335; 7 
Johns. R. 51; 4 Mass. R. 273; 2 Munf. R. 43; 4 Camp. R. 28; 2 Russ. on Cr. 723. 
There is a difference between the judgments of courts of common law 
jurisdiction and courts of admiralty, as to the mode of proof of judgments 
rendered by them. Courts of admiralty are under the law of nations; 
certificates of such judgments with their seals affixed, will therefore be 
admitted in evidence without further proof. 5 Cranch, 335; 3 Conn. R. 171. 
     5.-2. A judgment rendered in a foreign country by a court de jure, or 
even a court de facto, 4 Binn. 371, in a matter within its jurisdiction, when
the parties litigant had been notified and have had an opportunity of being 
heard, either establishing a demand, against the defendant or discharging 
him from it, is of binding force. 1 Dall. R. 191; 9 Serg. & Rawle, 260; 10 
Serg. & Rawle, 240; 1 Pet. C. C. R. 155; 1 Spears, Eq. Cas. 229; 7 Branch, 
481. As to the plea of the act of limitation to a suit on a foreign 
judgment, see Bac. Ab. h.t.; 2 Vern. 540; 5 John. R. 132; 13 Serg. & Rawle, 
395; 1 Speer's, Eq. Cas. 219, 229. 
     6. For the manner of proving a judgment obtained in a sister state, see 
the article Authentication. For the French law in relation to the force of 
foreign judgments, see Dalloz, Dict. mot Etranger, art. 6. 

FOREIGN LAWS, evidence. The laws of a foreign country. They will be 
considered with regard to, 1. The manner in which they are to be proved. 2. 
Their effect when proved. 
     2. - 1. The courts do not judicially take notice of foreign laws, and 
they must therefore be proved as facts. Cowp. 144; 3 Esp. C. 163; 3 Campb. R. 
166; 2 Dow & Clark's R. 171; 1 Cranch, 38; 2 Cranch, 187, 236, 237; 6 
Cranch, 274; 2 Harr. & John. R. 193; 3 Gill & John. R. 234; 4 Conn. R. 517; 
4 Cowen, R. 515, 516, note; Pet. C. C. R. 229; 8 Mass. R. 99; 1 Paige's R. 
220; 10 Watts, R. 158. The manner of proof varies according to circumstances. 
As a general rule the best testimony or proof is required, for no proof will 
be received which pre-supposes better testimony attainable by the party who 
offers it. When the best testimony cannot be obtained, secondary evidence 
will be received. 2 Cranch, 237. 
     3. Authenticated copies of written laws and other public documents must 
be produced when they can be procured but should they be refused by the 
competent authorities, then inferior proof may be admissible. Id. 
     4. When our own government has promulgated a foreign law or ordinance 
of a public nature as authentic, that is held sufficient evidence of its 
existence. 1 Cranch, 38; 1 Dall. 462; 6 Binn. 321; 12 Serg. & Rawle, 203. 
     5. When foreign laws cannot be proved by some mode which the law 
respects as being of equal authority to an oath, they must be verified by 
the sanction of an oath. 
     6. The usual modes of authenticating them are by an exemplification 
under the great seal of a state; or by a copy proved by oath to be a true 
copy - or by a certificate of an officer authorized by law, which must, 
itself, be duly authenticated. 2 Cranch, 238; 2 Wend. 411; 6 Wend. 475; 5 
Serg. &. Rawle, 523; 15 Serg. & Rawle, 84: 2 Wash. C. C. R. 175. 
     7. Foreign unwritten laws, customs and usages, may be proved, and are 
ordinarily proved by parol evidence; and when such evidence is objected to 
on the ground that the law in question is a written law, the party objecting 
must show that fact. 15 Serg. & R. 87; 2 L. R. 154. Proof of such unwritten 
law is usually made by the testimony of witnesses learned in the law, and 
competent to state it correctly under oath. 2 Cranch, 237; 1 Pet. C. C. R. 
225; 2 Wash. C. C. R. 175; 15 Serg. & R. 84; 4 John. Ch. R. 520; Cowp. 174; 
2 Hagg. R. App. 15 to 144. 
     8. In England certificates of persons in high authority have been 
allowed as evidence in such cases. 3 Hagg. Eccl. R. 767, 769. 
     9. The public seal of a foreign sovereign or state affixed to a writing 
purporting to be a written edict, or law, or judgment, is, of itself, the 
highest evidence, and no further proof is required of such public seal. 2 
Cranch, 238; 2 Conn. R. 85; 1 Wash. C. C. R. 363; 4 Dall. 413, 416; 6 Wend. 
475; 9 Mod. 66. 
    10. But the seal of a foreign court is not, in general, evidence, 
without further proof, and it must therefore be established by competent 
testimony. 3 John. R. 310; 2 Harr. & John. 193; 4 Cowen, 526, n.; 3 East, 
    11. As courts of admiralty are courts under the laws of nations, their 
seals will be admitted as evidence without further proofs. 5 Cranch, 335; 3 
Conn. 171. This is an exception to the general rule. 
    12. The mode of authenticating the laws and records of the several 
states of the American Union, is peculiar, and will be found under the 
article Authentication. It may hereby be observed that the rules prescribed 
by acts of congress do not exclude every other mode of authentication, and 
that the courts may admit, proof of the acts of the legislatures of the 
several, states, although not authenticated under the acts of congress. 
Accordingly a printed volume, purporting on its face to contain the laws of 
a sister, state, is admissible, as prima facie evidence; to prove the 
statute law of that state. 4 Cranch, 384; 12 S. & R. 203; 6 Binn, 321; 5 
Leigh, 571. 
    13. - 2. The effect of such foreign laws, when proved, is properly 
referable to the court; the object of the proof of foreign laws, is to 
enable the court to instruct the jury what is, in point of law, the result 
from foreign laws, to be applied to the matters in controversy before them. 
The court are therefore to decide what is the proper evidence of the laws of 
a foreign country; and when evidence is given of those laws, the court are 
to judge of their applicability to the matter in issue. Story, Cont. of L. 
Sec. 638; 2 Harr. & John. 193, 219; 4 Conn. R. 517; 3 Harr. & John. 234, 242; 
Cowp. 174. Vide Opinion. 

FOREIGN NATION or STATE. A nation totally independent of the United States 
of America 
     2. The constitution authorizes congress to regulate commerce with 
"foreign nations." This phrase does not include an Indian tribe, situated 
within the boundaries of a state, and exercising the powers of government 
and sovereignty. 5 Pet. R. 1. Vide Nation. 

FOREIGN PLEA. One which, if true, carries the cause out of the court where 
it is brought, by showing that the matter alleged is not within its 
jurisdiction. 2 Lill. Pr. Reg. 374; Carth. 402; Lill. Ent. 475. It must be 
on oath and before imparlance. Bac. Ab. Abatement, R. 

FOREIGNERS. Aliens; persons born in another country than the United States, 
who have not been naturalized. 1 Pet. R. 349. Vide 8 Com. Dig. 615, and the 
articles Alien; Citizens. 

FOREJUDGED THE COURT. An officer of the court who is expelled the same, is, 
in the English law, said to be forejudged the court. Cunn. Dict. h.t. 

FOREMAN. The title of the presiding member of a grand jury.

FOREST. By the English law, a forest is a circuit of ground properly under 
the king's protection, for the peaceable living and abiding of beasts of 
hunting and the chase, and distinguished not only by having bounds and 
privileges, but also by having courts and offices. 12 Co. 22. The 
signification of forest in the United States is the popular one of an 
extensive piece of woodland. Vide Purlieu. 

FORESTALLING, crim. law. Every practice or device, by act, conspiracy, 
words, or news, to enhance the price of victuals or other provisions. 3 
Inst. 196; Bac. Ab. h.t.; 1 Russ. Cr. 169; 4 Bl. Com. 158. 
     2. All endeavors whatever to enhance the common price of any 
merchandise, and all kinds of practices which have that tendency, whether by 
spreading false rumors, or buying things in a market before the accustomed 
hour, are offences at common law, and come under the notion of forestalling, 
which includes all kind of offences of this nature. Hawk. P. C. b. 1 c. 80, 
s. 1. Vide 13 Vin. Ab. 430; Dane's Ab. Index, h.t.; 4 Com. Dig. 391; 1 East, 
Rep. 132. 

FORFEITURE, punishment, torts. Forfeiture is 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 become 
vested in the party injured, as a recompense for the wrong which he alone, 
or the public together with himself, hath sustained. 2 Bl. Com. 267. 
     2. Lands, tenements and hereditaments, may be forfeited by various 
means: 1. By the commission of crimes and misdemeanors. 2. By alienation 
contrary to law. 3. By the non-performance of conditions. 4. By waste. 
     3. - 1. Forfeiture for crimes. By the Constitution of the United 
States, art. 3, s. 3, it is declared that no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of the person 
attainted. And by the Act of April 30, 1790, s. 24, 1 Story's Laws U. S. 88, 
it is enacted, that no conviction or judgment for any of the offences 
aforesaid, shall work corruption of blood, or any forfeiture of estate. As 
the offences punished by this act are of the blackest dye, including cases 
of treason, the punishment of forfeiture may be considered as being 
abolished. The forfeiture of the estate for crime is very much reduced in 
practice in this country, and when it occurs, the stater takes the title the 
party had, and no more. 4 Mason's R. 174; Dalrymple on Feudal Property, c. 
4, p. 145-154; Fost. C. L. 95. 
     4. - 2. Forfeiture by alienation. By the English law, estates less than 
a fee may be forfeited to the party entitled to the residuary interest by a 
breach of duty in the owner of the particular estate. When a tenant for life 
or years, therefore, by feoffment, fine, or recovery, conveys a greater 
estate than he is by law entitled to do, he forfeits his estate to the 
person next entitled in remainder or reversion. 2 Bl. Com. 274. In this 
country, such forfeitures are almost unknown, and the more just principle 
prevails, that the conveyance by the tenant operates only on the interest 
which he possessed, and does not affect the remainder-man or reversioner. 4 
Kent, Com. 81, 82, 424; 1 Hill. Ab. c. 4, s. 25 to 34; 3 Dall. Rep. 486; 5 
Ohio, R. 30. 
     5. - 3. Forfeiture by non-performance of conditions. An estate may be 
forfeited by a breach, or non-performance of a condition annexed to the 
estate, either expressed in the deed at its original creation, or impliedly 
by law, from a principle of natural reason. 2 Bl. Com. 281; and see Ad 
Eject. 140 to 173. Vide article Reentry; 12 Serg. & Rawle, 190. 
     6. - 4. Forfeiture by waste. Waste is also a cause of forfeiture. 2 Bl.
Com. 281. Vide article Waste. 
     7. By forfeiture is also understood the neglect of an obligor to fulfill
his obligation in proper time: as, when one has entered into a bond for a 
penal sum, upon condition to pay a smaller at a particular day, and he fails 
to do it, there is then said to be a forfeiture. Again, when a party becomes 
bound in a certain sum by a recognizance to pay a certain sum, with a 
condition that he will appear at court to answer or prosecute a crime, and 
he fails to do it, there is a forfeiture of the recognizance. Courts of 
equity, and now courts, of law, will relieve from the forfeiture of a bond; 
and upon a proper case shown, criminal courts will in general relieve from 
the forfeiture of a recognizance to appear. See 3 Yeates, 93; 2 Wash. C. C. 
442; Blackf. 104, 200; Breeze, 257. Vide, generally, 2 Bl. Com. ch. 18; Bouv. 
Inst. Index, h.t.; 2 Kent's Com. 318; 4 Id. 422; 10 Vin. Ab. 371, 394; 13 
Vin. Ab. 436; Bac. Ab. Forfeiture Com. Dig. h.t.; Dane's Ab. h.t.; 1 Bro 
Civ. L. 252; 4 Bl. Com. 382; and Considerations on the Law of Forfeiture for 
High Treason, London ed. l746. 

FORFEITURE OF MARRIAGE, Old law. The name of a penalty formerly incurred by 
a ward in chivalry, when he or she married contrary to the wishes of his or 
her guardian in chivalry. The latter, who was the ward's lord, had an 
interest in controlling the marriage of his female wards, and he could exact 
a price for his consent and, at length, it became customary to sell the 
marriage of wards of both sexes. 2 Bl. Com. 70. 
     2. When a male ward refused an equal match provided by his guardian, he 
was obliged, on coming of age, to pay him the value of the marriage; that 
is, as much as he had been bona fide offered for it; or, if the guardian 
chose, as much as a jury would assess, taking into consideration all the 
real and personal property of the ward; and the guardian could claim this 
value, although he might have made no tender of the marriage. Co. Litt. 82 
a; 2 Inst. 92; 5 Co. 126 b; 6 Co. 70 b. 
     3. When a male ward between his age of fourteen and twenty-one years, 
refused to accept an offer of an equal match, and during that period formed 
an alliance elsewhere, without his permission, he incurred forfeiture of 
marriage; that is, he became liable to pay double the value of the 
marriage. Co. Litt. 78 b, 82 b. 

FORGERY, crim. law. Forgery at common law has been held to be "the 
fraudulent making and alteration of a writing to the prejudice of another 
man's right." 4 Bl. Com. 247. By a more modern writer, it is defined, as "a 
false making; a making malo animo, of any written instrument, for the 
purpose of fraud and deceit." 2 East, P. C. 852. 
     2. This offence at common law is of the degree of a misdemeanor. 2 
Russell, 1437. There are many kinds of forgery, especially subjected to 
punishment by statutes enacted by the national and state legislatures. 
     3. The subject will be considered, with reference, 1. To the making or 
alteration requisite to constitute forgery. 2. The written instruments in 
respect of which forgery may be committed. 3. The fraud and deceit to the 
prejudice of another man's right. 4. The statutory provisions under the laws 
of the United States, on the subject of forgery. 
     4. - 1. The making of a whole written instrument in the name of another 
with a fraudulent intent is undoubtedly a sufficient making but a fraudulent 
insertion, alteration, or erasure, even of a letter, in any material part of 
the instrument, whereby a new operation is given to it, will amount to a 
forgery; and this, although it be afterwards executed by a person ignorant 
of the deceit. 2 East, P. C. 855. 
     5. The fraudulent application of a true signature to a false instrument 
for which it was not intended, or vice versa, will also be a forgery. For 
example, it is forgery in an individual who is requested to draw a will for 
a sick person in a particular way, instead of doing so, to insert legacies 
of his own head, and then procuring the signature of such sick person to be 
affixed to the paper without revealing to him the legacies thus fraudulently 
inserted. Noy, 101; Moor, 759, 760; 3 Inst. 170; 1 Hawk. c. 70, s. 2; 2 
Russ. on Cr. 318; Bac. Ab. h.t. A. 
     6. It has even been intimated by Lord Ellenborough, that a party who 
makes a copy of a receipt, and adds to such copy material words not in the 
original, and then offers it in evidence on the ground that the original has 
been lost, may be prosecuted for forgery. 5 Esp. R. 100. 
     7. It is a sufficient making where, in the writing, the party assumes 
the name and character of a person in existence. 2 Russ. 327. But the 
adoption of a false description and addition, where a false name is not 
assumed, and there is no person answering the description, is not a forgery. 
Russ. & Ry. 405. 
     8. Making an instrument in a fictitious name, or the name of a non-
existing person, is equally a forgery, as making it in the name of an 
existing person; 2 East, P. C. 957; 2 Russ. on Cr. 328; and although a man 
may make the instrument in his own name, if he represent it as the 
instrument of another of the same name, when in fact there is no such 
person, it will be a forgery in the name of a non-existing person. 2 Leach, 
775; 2 East, P. C. 963; but the correctness of this decision has been 
doubted. Rosc. Cr. Ev. 384. 
     9. Though, in general, a party cannot be guilty of forgery by a mere 
non-feasance, yet, if in drawing a will, he should fraudulently omit a 
legacy, which he had been directed to insert, and by the omission of such 
bequest, it would cause a material alteration in the limitation of a bequest 
to another; as, where the omission of a devise of an estate for life to one, 
causes a devise of the same lands to another to pass a present estate which 
would otherwise have passed a remainder only, it would be a forgery. Moor, 
760; Noy, 101; 1 Hawk. c. 70, s. 6; 2 East, P. C. 856; 2 Russ. on Cr. 320. 
    10. It may be observed, that the offence of forgery may be complete 
without a publication of the forged instrument. 2 East, P. C. 855; 3 Chit. 
Cr. L. 1038. 
    11. - 2. With regard to the thing forged, it may be observed, that it 
has been holden to be forgery at common law fraudulently to falsify, or 
falsely make records and other matters of a public nature; 1 Rolle's Ab. 65, 
68; a parish register; 1 Hawk. c. 70; a letter in the name of a magistrate, 
the governor of a gaol, directing the discharge of prisoner. 6 Car. & P. 
129; S. C. 25 Eng. C. L. R. 315. 
    12. With regard to private writings, it is forgery fraudulently to 
falsify or falsely to make a deed or will; 1 Hawk. b. 1, c. 70, s. 10 or any 
private document, whereby another person may be prejudiced. Greenl. Rep. 
365; Addis. R. 33; 2 Binn. R. 322; 2 Russ. on Or. b. 4, c. 32, s. 2; 2 
East, P. C. 861; 3 Chit. Cr. Law, 1022 to 1038. 
    13. - 3. The intent must be to defraud another, but it is not requisite 
that any one should have been injured it is sufficient that the instrument 
forged might have proved prejudicial. 3 Gill & John. 220; 4 W. C. C. R. 726. 
It has been holden that the jury ought to infer an intent to defraud the 
person who would have to pay the instrument, if it were genuine, although 
from the manner of executing the forgery, or from the person's ordinary 
caution, it would not be likely to impose upon him; and although the object 
was general to defraud whoever might take the instrument, and the intention 
of the defrauding in particular, the person who would have to pay the 
instrument, if genuine, did not enter into the contemplation of the 
prisoner. Russ. & Ry. 291; vide Russ. on Cr. b. 4, c. 32, s. 3; 2 East, P. 
C. 853; 1 Leach, 367; 2 Leach, 775; Rosc. Cr. Ev. 400. 
    14.- 4. Most, and perhaps all the states in the Union, have passed laws 
making certain acts to be forgery, and the national legislature has also 
enacted several on this subject, which are here referred to. Act of March 2, 
1803, 2 Story's L. U. S. 888; Act of March 3, 1813, 2 Story's L. U. S. 1304 
Act of March 1, 1823, 3 Story's L. U. S. 1889; Act of March 3, 1825, 3 
Story's L. U. S. 2003; Act of October 12, 1837, 9 Laws U. S. 696. 
    15. The term forgery, is also applied to the making of false or 
counterfeit coin. 2 Virg. Cas. 356. See 10 Pet. 613; 4 Wash. C. C. 733. For 
the law respecting the forgery of coin, see article Money. And for the act 
of congress punishing forgery in the District of Columbia, see 4 Sharsw. 
Cont, of Story's Laws U. S. 2234. Vide, generally, Hawk. b. 1, c. 51 and 70; 
3 Chit. Cr. Law, 1022 to 1048; 4 Bl. Com. 247 to 250; 2 East, P. C. 840 to 
1003; 2 Russ. on Cr. b. 4, c. 32; 13 Vin. Ab. 459; Com. Dig. h.t.; Dane's 
Ab. h.t.; Williams' Just. h.t.; Burn's Just. h.t.; Rose. Cr. Ev. h.t.; 
Stark. Ev. h.t.; Vide article Frank. 

FORISFAMILIATION, law of Scotl. By this is understood the act by which a 
father gives to a child his share of his legitime, and the latter renounces 
all further claim. From this time, the child who has so received his share, 
is no longer accounted a child in the division of the estate. Ersk. Inst. 
655, n. 23; Burt. Man. P. R. part 1, c. 2, s. 3, page 35. 

FORM, practice. The model of an instrument or legal-proceeding, containing 
the substance and the principal terms, to be used in accordance with the 
laws; or, it is the act of pursuing, in legal proceedings, and in the 
construction of legal instruments, the order required by law. Form is 
usually put in contradistinction to substance. For example, by the operation 
of the statute of 27 Eliz. c. 5, s. 1, all merely formal defects in 
pleading, except in dilatory pleas, are aided on general demurrer. 
     2. The difference between matter of form, and matter of substance, in 
general, under this statute, as laid down by Lord Hobart, is, that "that 
without which the right doth sufficiently appear to the court, is form;" but 
that any defect "by reason whereof the right appears not," is a defect in 
substance. Hob. 233. 
     3. A distinction somewhat more definite, is, that if the matter pleaded 
be in itself insufficient, without reference to the manner of pleading it, 
the defect is substantial; but that if the fault is in the manner of 
alleging it, the defect is formal. Dougl. 683. For example, the omission of 
a consideration in a declaration in assumpsit; or of the performance of a 
condition precedent, when such condition exists; of a conversion of property 
of the plaintiff, in trover; of knowledge in the defendant, in an action for 
mischief done by his dog of malice, in action for malicious prosecution, and 
the like, are all defects in substance. On the other hand, duplicity; a 
negative pregnant; argumentative pleading; a special plea, amounting to the 
general issue; omission of a day, when time is immaterial; of a place, in 
transitory actions, and the like, are only faults in form. Bac. Ab. Pleas, 
&c. N 5, 6; Com. Dig. Pleader, Q 7; 10 Co. 95 a; 2 Str. 694; Gould, Pl. c. 9, 
Sec. 17, 18; 3 Bl. Com. 314.
     4. At the same time that fastidious objections against trifling errors 
of form, arising from mere clerical mistakes, are not encouraged or 
sanctioned by the courts, it has been justly observed, that "infinite 
mischief has been produced by the facility of the courts in overlooking 
matters of form; it encourages carelessness, and places ignorance too much 
upon a footing with knowledge amongst those who practice the drawing of 
pleadings." 1 B. & P. 59; 2 Binn. Rep. 434. See, generally, Bouv. Inst. 
Index, h.t. 

FORMA PAUPERIS, English law. When a person is so poor that he cannot bear 
the charges of suing at law or in equity, upon making oath that he is not 
worth five pounds, and bringing a certificate from a counselor at law, that 
he believes him to have a just cause, he is permitted to sue in forma 
pauperis, in the manner of a pauper; that is, he is allowed to have original 
writs and subpoenas gratis, and counsel assigned him without fee. 3 Bl. Com.
400. See 3 John. Ch. R. 65; 1 Paige, R. 588; 3 Paige, R. 273; 5 Paige, R. 
58; 2 Moll. R. 475; 1 Beat. R. 54. 

FORMALITY. The conditions which must be observed in making contracts, and 
the words which the law gives to be used in order to render them valid; it 
also signifies the conditions which the law requires to make regular 

FORMEDON, old English law. The writ of formedon is nearly obsolete, it 
having been superseded by the writ of ejectment. Upon an alienation of the 
tenant in tail, by which the estate in tail is discontinued, and the 
remainder or reversion is by the failure, of the particular estate, 
displaced and turned into a mere right, the remedy is by action of formedon 
(secundum formam doni,) because the writ comprehends the form of the gift. 
This writ is in the nature of a writ of right, and the action of formedon is 
the highest a tenant in tail can have. This writ is distinguished into three 
species; a formedon in the descender, in the remainder, and in the reverter. 
3 Bl. Com. 191 Bac. Ab. h.t.; 4 Mass. 64. 

FORMER RECOVERY. A recovery in a former action. 
     2. It is a general rule, that in a real or personal action, a judgment 
unreversed, whether it be by confession, verdict or demurrer, is a perpetual 
bar, and may be pleaded to any new action of the same or a like nature, for 
the same cause. Bac. Ab. Pleas, I 12, n. 2; 6 Co. 7; Hob. 4; 5 Ventr. 170. 
     3. There are two exceptions to this general rule. 1. The case of mutual 
dealings between the parties, when the defendant omits to set off his 
counter demand in that case he may recover in a cross action. 2. When the 
defendant in ejectment neglects to bring forward his title, he may avail 
himself of a new suit. 1 John Cas. 492, 502, 510. It is evident that in 
these cases the cause of the second action is not the same as that of, the 
first, and, therefore, a former recovery cannot be pleaded. In real actions, 
one is not a bar to an, action of a higher nature. 6 Co. 7. Vide 12 Mass. 
337; Res Judicata; Thing Adjudged. 

FORMULARY. A book of forms or precedents for matters of law; the form. 

FORNICATION, crim. law. The unlawful carnal knowledge of an unmarried person 
with another, whether the latter be married or unmarried. When the party is 
married, the offence, as to him or her, is known by the name of adultery. 
(q.v.) Fornication is, however, included in every case of adultery, as a 
larceny is included in robbery. 2 Hale's P. C. 302. 

FORPRISE. Taken before hand. This word is sometimes, though but seldom, used 
in leases and conveyances, implying an exception or reservation. Forprise, 
in another sense, is taken for any exaction. Cunn. Dict. h.t. 

TO FORSWEAR, crim. law, torts. To swear to a falsehood. 
     2. This word has not the same meaning as perjury. It does not, ex vi 
termini, signify a false swearing before an officer or court having 
authority to administer an oath on an issue. A man may be forsworn by 
making a false oath before an incompetent tribunal, as well as before a 
lawful court. Hence, to say that a man is forsworn, will or will not be 
slander, as the circumstances show that the oath was or was not taken before 
a lawful authority. Cro. Car. 378; Lut. 1292; 1 Rolle, Ab. 39, pl. 7; Bac. 
Ab. Slander, B 3; Cro. Eliz. 609; 13 Johns. R. 80; Id. 48; 12 Mass. 496; 1 
Johns. R. 505; 2 Johns. R. 10; 1 Hayw. R, 116. 

FORTHWITH. When a thing is to be done forthwith, it seems that it must be 
performed as soon as by reasonable exertion, confined to that object, it may 
be done. This is the import of the term; it varies, of course, with every 
particular case. 4 Tyr. 837; Styles' Register, 452, 3. 

FORTIORI or A FORTIORI. An epithet for any conclusion or inference, which is 
much stronger than another. "If it be so, in a feoffment passing a new 
right, a fortiori, much more is it for the restitution of an ancient right." 
Co. Litt. 253, 260. 

FORTUITOUS EVENT. A term in the civil law to denote that which happens by a 
cause which cannot be resisted. Louis. Code, art. 2522, No. 7. Or it is that 
which neither of the parties has occasioned, or could prevent. Lois des Bat. 
Pt. 2, c. 2, Sec. 1. It is also defined to be an unforeseen event which 
cannot be prevented. Dict. de Jurisp. Cas fortuit. 
     2. 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 on 
Bailm. Sec. 25; Lois des Bat. Pt. 2, c. 2, Sec. 1. 
     3. Fortuitous events are fortunate or unfortunate. The accident of 
finding a treasure is a fortuitous event of the first class. Lois des Bat. 
Pt. 2, c. 2, Sec. 2. 
     4. Involuntary obligations may arise in consequence of fortuitous 
events. For example, when, to save a vessel from shipwreck, it is necessary 
to throw goods overboard, the loss must be borne in common; there arises, in 
this case, between the owners of the vessel and of the goods remaining on 
board, an obligation to bear proportionably the loss which has been 
sustained. Lois des Bat. Pt. 2, c. 2, Sec. 2. See, in general, Dig. 50, 17, 
23; Id. 16, 3, 1; Id. 19, 2, 11; Id. 44, 7, 1; Id. 18, 6, 10; Id. 13, 6, 18; 
Id. 26, 7, 50; Act of God; Accident; Perils of the Sea. 

FORUM. This term signifies jurisdiction, a court of justice, a tribunal. 
     2. The French divide it into for exterieur, which is the authority 
which human justice exercises on persons and property, to a greater or 
lesser extent, according to the quality of those to whom it is entrusted; 
and for interieur, which is the moral sense of justice which a correct 
conscience dictates. Merlin, Repert. mot For. 
     3. By forum res sitæ is meant the tribunal which has authority to 
decide respecting something in dispute, located within its jurisdiction; 
therefore, if the matter in controversy is land, or other immovable 
property, the judgment pronounced in the forum res sitæ is held to be of 
universal obligation, as to all matters of right and title on which it 
professes to decide, in relation to such property. And the same principle 
applies to all other cases of proceedings in rem, where the subject is 
movable property, within the jurisdiction of the court pronouncing the 
judgment. Story, Const. Laws, Sec. 532, 545, 551, 591, 592; Kaims on Eq. B. 
3, c. 8, s. 4; 1 Greenl. Ev. Sec. 541. 

FORWARDING MERCHANT, contracts. A person who receives and forwards goods, 
taking upon himself the expenses of transportation, for which he receives a 
compensation from the owners, but who has no concern in the vessels or 
wagons by which they are transported, and no interest in the freight. Such 
a one is not deemed a common carrier, but a mere warehouseman or agent. 12 
Johns. 232; 7 Cowen's R. 497. He is required to use only ordinary diligence 
in sending the property by responsible persons. 2 Cowen's R. 593. 

FOSSA, Eng. law. A ditch full of water, where formerly women who had 
committed a felony were drowned; the grave. Cowel, Int. 

FOUNDATION. This word, in the English law, is taken in two senses, fundatio 
incipiens, and fundatio perficiens. As to its political capacity, an act of 
incorporation is metaphorically called its foundation but as to its 
dotation, the first gift of revenues is called the foundation. 10 Co. 23, a. 

FOUNDLING. A new-born child, abandoned by its parents who are unknown. The 
settlement of such a child is in the place where found. 

FOURCHER, English law. A French word, which means to fork. Formerly, when an 
action was brought against two, who, being jointly concerned, mere not bound 
to answer till both appeared, and they agreed not to appear both in one day; 
the appearance of one, excused the other's default, who had a day given him 
to appear with the other: the defaulter, on the day appointed, appeared; but 
the first then made default; in this manner they forked each other, and 
practiced this for delay. Vide 2 Inst. 250; Booth, R. A. 16. 

FRACTION. A part of any thing broken. A combination of numbers, in 
arithmetic and algebra, representing one or more parts of a unit or integer. 
Thus, four-fifths is a fraction, formed by dividing a unit into-five equal 
parts, and taking one part four times. In law, the term fraction is usually 
applied to the division of a day. 
     2. In general, there are no fractions in days. Co. Litt. 225; 2 Salk. 
625; 2 P. A. Browne, 18; 11 Mass. 204. But in some cases a fraction will be 
taken into the account, in order to secure a party his rights; 3 Chit. Pr. 
111; 8 Ves. 80; 4 Campb. R. 197; 2 B. & Ald. 586; Savig. Dr. Rom. Sec. 182; 
Rob. Dig. of Engl. Statutes in force in Pennsylvania, 431-2 and when it is 
required by a special law. Vide article Date. 

FRANC, com. law. The name of a French coin. Five franc pieces, when not of 
less fineness than ten ounces and sixteen pennyweights in twelve ounces troy 
weight of standard silver, and weighing not less than three hundred and 
eighty-four grains each, are made a legal tender, at the rate of ninety-
three cents each. Act of June 25, 1834, s. 1, 4 Sharsw. Cont. of Story's L. 
U. S. 2373. 
     2. In all computations at the custom house, the franc of France and of 
Belgium shall be estimated at eighteen cents six. mills. Act of May 22, 
1846. See Foreign coins. 

FRANCHISE. This word has several significations: 1. It is a right reserved 
to the people by the constitution; hence we say, the elective franchise, to 
designate the right of the people to elect their officers. 2. It is a 
certain privilege, conferred by grant from the government, and vested in 
     2. Corporations, or bodies politic, are the most usual franchises known 
to our law. They have been classed among incorporeal hereditaments, perhaps 
improperly, as they have no inheritable quality. 
     3. In England, franchises are very numerous; they, are said to be royal 
privileges in the hands of a subject. Vide 3 Kent, Com. 366; 2 Bouv. Inst. 
n. 1686; Cruise, Dig. tit. 27; 2 Bl. Com. 37; 15 Serg. & Rawle, 130; Finch, 

FRANCIGENA. Formerly, in England, every alien was known by this name, as 
Franks is the generic name of foreigners in the Turkish dominions. 

FRANK, Free. This word is used in composition, as frank-almoign, frank-
marriage, frank-tenement, &c. 

FRANK. The privilege of sending and receiving letters, through the mails, 
free of postage. 
     2. This privilege is granted to various officers, not for their own 
special benefit, but with a view to promote the public good. 
     3. The Act of the 3d of March, 1845, s. 1, enacts, That members of 
congress, and delegates from the territories, may receive letters, not 
exceeding two ounces in weight, free of postage, during the recess of 
congress; and the same privilege is extended to the vice-president of the 
United States. 
     4. It is enacted, by 3d section, That all printed or lithographed 
circulars and handbills, or advertisements, printed or lithographed, on 
quarto post or single cap paper, or paper not larger than single cap, 
folded, directed, and unsealed, shall be charged with postage, at the rate 
of two cents for each sheet, and no more, whatever be the distance the same 
may be sent; and all pamphlets, magazines, periodicals, and every other kind 
and description of printed or other matter, (except newspapers,) which shall 
be unconnected with any manuscript communication whatever, and which it is 
or may be lawful to transmit by the mail of the United States, shall be 
charged with postage, at the rate of two and a half cents for each copy 
sent, of no greater weight than one ounce, and one cent additional shall be 
charged for each additional ounce of the weight of every such pamphlet, 
magazine, matter, or thing, which may be transmitted through the mail, 
whatever be the distance the tame may be transported and any fractional 
excess, of not less than one-half of an ounce, in the weight of any such 
matter or thing, above one or more ounces, shall be charged for as if said 
excess amounted to a full ounce. 
     5. And, by the 8th section, That each member of the senate, each member 
of the house of representatives, and each delegate from a territory of the 
United States, the secretary of the senate, and the clerk of the house, of 
representatives, may, during each session of congress, and for a period of 
thirty days before the commencement, and thirty days after the end of each 
and every session of congress, Bend and receive through the mail, free of 
postage, any letter, newspaper, or packet, not exceeding two ounces in 
weight; and all postage charged upon any letters, packages, petitions 
memorials, or other matters or things, received during any session of 
congress, by any senator, member, or delegate of the house of 
representatives, touching his official or legislative duties, by reason of 
any excess of weight, above two ounces, on the matter or thing so received, 
shall be paid out of the contingent fund of the house of which the person 
receiving the same may be a member. And they shall have the right to frank 
written letters from themselves during the whole year, as now authorized by 
     6. The 5th section repeals all acts, and parts of acts, granting or 
conferring upon any person whatsoever the franking privilege. 
     7. The 23d section enacts, That nothing in this act contained shall be 
construed to repeal the laws granting the franking privilege to the 
president of the United States when in office, and to all ex-presidents, and 
the widows of the former presidents, Madison and Harrison. 
     8. The Act of March 1, 1847, enacts as follows 
     Sec. 3. That all members of Congress, delegates from territories, the 
vice-president of the United States, the secretary of the senate, and the 
clerk of the house of representatives, shall have the power to send and 
receive public documents free of postage during their term of office; and 
that the said members and delegates shall have the power to send and receive 
public documents, free of Postage, up to the first Monday of December 
following the expiration of their term of office. 
     Sec. 4. That the secretary of the senate and clerk of the house of 
representatives shall have the power to receive, as well as to send, all 
letters and packages, not weighing over two ounces, free of postage, during 
their term of office. 
     Sec. 5. That members of congress shall have the power to receive, as 
well as to send, all letters and packages, not weighing over two ounces, 
free of postage, up to the first Monday in December following the expiration 
of their term of office. 

FRANK-ALMOIGN, old English law. This is a French law word, signifying free-
     2. Formerly religious corporations, aggregate or sole, held lands of 
the donor, to them and their successors forever, in frank almoign. The 
service which they, were bound to render for these lands was not certainly 
defined; they were, in general, to pray for the souls of the donor; his 
ancestors, and successors. 2 Bl. Com. 101. 

FRANK-MARRIAGE, English law. It takes place, according to Blackstone, when 
lands are given by one man to another, together with a wife who is daughter 
or kinswoman of the donor, to hold in frank-marriage. By this gift, though 
nothing but, the word frank-marriage is expressed, the donees shall have the 
tenements to them and the heirs of their two bodies begotten that is, they 
are tenants in special tail. It is called frank or free marriage, because 
the donees are liable to no service but fealty. This is now obsolete, even 
in England. 2 Bl. Com. 115. 

FRANK-TENEMENT, estates. Same as freehold, (q.v.) or liberum tenementum. 

FRATER. A brother. Vide Brother.

FRATRICIDE, criminal law. He who kills his brother or sister. The crime of 
such a person is also called fratricide. 

FRAUD, TO DEFRAUD, torts. Unlawfully, designedly, and knowingly, to 
appropriate the property of another, without a criminal intent. 
     2. Illustrations. 1. Every appropriation of the right of property of 
another is not fraud. It must be unlawful; that is to say, such an 
appropriation as is not permitted by law. Property loaned may, during the 
time of the loan, be appropriated to the use of the borrower. This is not 
fraud, because it is permitted by law. 2. The appropriation must be not only 
unlawful, but it must be made with a knowledge that the property belongs to 
another, and with a design to deprive him of the same. It is unlawful to 
take the property of another; but if it be done with a design of preserving 
it for the owners, or if it be taken by mistake, it is not done designedly 
or knowingly, and, therefore, does not come within the definition of fraud. 
3. Every species of unlawful appropriation, not made with a criminal intent, 
enters into this definition, when designedly made, with a knowledge that the 
property is another's; therefore, such an appropriation, intended either for 
the use of another, or for the benefit of the offender himself, is 
comprehended by the term. 4. Fraud, however immoral or illegal, is not in 
itself a crime or offence, for want of a criminal intent. It only becomes 
such in the cases provided by law. Liv. System of Penal Law, 789. 

FRAUD, contracts, torts. Any trick or artifice employed by one person to 
induce another to fall into an error, or to detain him in it, so that he may 
make an agreement contrary to his interest. The fraud may consist either, 
first, in the misrepresentation, or, secondly, in the concealment of a 
material fact. Fraud, force and vexation, are odious in law. Booth, Real 
Actions, 250. Fraud gives no action, however, without damage; 3 T. R. 56; 
and in matters of contract it is merely a defence; it cannot in any case 
constitute a new contract. 7 Vez. 211; 2 Miles' Rep. 229. It is essentially 
ad hominem. 4 T. R. 337-8. 
     2. Fraud avoids a contract, ab initio, both at law and in equity, 
whether the object be to deceive the public, or third persons, or one party 
endeavor thereby to cheat the other. 1 Fonb. Tr. Equity, 3d ed. 66, note; 
6th ed. 122, and notes; Newl. Cont. 352; 1 Bl. R. 465; Dougl. Rep. 450; 3 
Burr. Rep. 1909; 3 V. & B. Rep. 42; 3 Chit. Com. Law, 155, 806, 698; 1 Sch. 
& Lef. 209; Verpl. Contracts, passim; Domat, Lois Civ. p. 1, 1. 4, t. 6, s. 
8, n. 2. 
     3. The following enumeration of frauds, for which equity will grant 
relief, is given by Lord Hardwicke, 2 Ves. 155. 1. Fraud, dolus malus, may 
be actual, arising from facts and circumstances of imposition, which is the 
plainest case. 2. It may be apparent from the intrinsic nature and subject 
of the bargain itself; such as no man in his senses, and not under delusion, 
would make on the one hand, and such as no honest and fair man would accept 
on the other, which are inequitable and unconscientious bargains. 1 Lev. R. 
111. 3. Fraud, which may be presumed from the circumstances and condition of 
the parties contracting. 4. Fraud, which may be collected and inferred in 
the consideration of a court of equity, from the nature and circumstances of 
the transaction, as being an imposition and deceit on other persons, not 
parties to the fraudulent agreement. 5. Fraud, in what are called catching 
bargains, (q.v.) with heirs, reversioners, or expectants on the life of the 
parents. This last seems to fall, naturally, under one or more of the 
preceding divisions. 
     4. Frauds may be also divided into actual or positive and constructive 
     5. An actual or positive fraud is the intentional and successful 
employment of any cunning, deception, or artifice, used to circumvent, 
cheat, or deceive another. 1 Story, Eq. Jur. Sec. 186; Dig. 4, 3, 1, 2; Id. 
2, 14, 7, 9. 
     6. By constructive fraud is meant such a contract or act, which, though 
not originating in any actual evil design or contrivance to perpetrate a 
positive fraud or injury upon other persons, yet, by its tendency to deceive 
or mislead. them, or to violate private or public confidence, or to impair 
or injure the public interests, is deemed equally reprehensible with 
positive fraud, and, therefore, is prohibited by law, as within the same 
reason and mischief as contracts and acts done malo animo. Constructive 
frauds are such as are either against public policy, in violation of some 
special confidence or trust, or operate substantially as a fraud upon 
private right's, interests, duties, or intentions of third persons; or 
unconscientiously compromit, or injuriously affect, the private interests, 
rights or duties of the parties themselves. 1 Story, Eq. ch. 7, Sec. 258 to 
     7. The civilians divide frauds into positive, which consists in doing 
one's self, or causing another to do, such things as induce a belief of the 
truth of what does not exist or negative, which consists in doing or 
dissimulating certain things, in order to induce the opposite party. into 
error, or to retain him there. The intention to deceive, which is the 
characteristic of fraud, is here present. Fraud is also divided into that 
which has induced the contract, dolus dans causum contractui, and incidental 
or accidental fraud. The former is that which has been the cause or 
determining motive of the contract, that without which the party defrauded 
would not have contracted, when the artifices practised by one of the 
parties have been such that it is evident, without them, the other would not 
have contracted. Incidental or accidental fraud is that by which a person, 
otherwise determined to contract, is deceived on some accessories or 
incidents of the contract; for example, as to the quality of the object of 
the contract, or its price, so that he has made a bad bargain. Accidental 
fraud does not, according to the civilians, avoid the contract, but simply 
subjects the party to damages. It is otherwise where the fraud has been the 
determining cause of the contract, qui causam dedit contractui; in that 
case. the contract is void. Toull. Dr. Civ. Fr. Liv. 3, t. 3, c. 2, n. Sec. 
5, n. 86, et seq. See also 1 Malleville, Analyse de la, Discussion de Code 
Civil, pp. 15, 16; Bouv. Inst. Index, h.t. Vide Catching bargain; Lesion; 
Voluntary Conveyance. 

FRAUDS, STATUTE OF. The name commonly given to the statute 29 Car. II., c. 
3, entitled "An act for prevention of frauds and perjuries." This statute 
has been re-enacted in most of the states of the Union, generally with 
omissions, amendments, or alterations. When the words of the statute have 
been used, the construction put upon them has also been adopted. Most of the 
acts of the different states will be found in Anthon's Appendix to Shep. 
Touchst. See also the Appendix to the second edition of Roberts on Frauds. 

FRAUDULENT CONVEYANCE. A conveyance of property without any consideration of 
value, for the purpose of delaying or hindering creditors. These are 
declared void by the statutes 13 Eliz. c. 6, and 27 Eliz. c. 4, the 
principles of which have been adopted in perhaps all the states of the 
American Union. See Voluntary Conveyance. 
     2. But although such conveyance is void as regards purchasers and 
creditors, it is valid as between the parties. 6 Watts, 429, 453; 5 Binn. 
109; 1 Yeates, 291; 3 W. & S. 255; 4 Iredell, 102; 9 Pick. 93; 20 Pick. 247; 
3 Mass. 573, 580; 4 Mass. 354; 1 Hamm. 469; 2 South. 738; 2 Hill, S. C. Rep. 
488; 7 John. 161; 1 Bl. 262. 

FREE. Not bound to servitude; at liberty to act as one pleases. This word is 
put in opposition to slave. 
     2. Representatives and direct taxes shall be apportioned among the 
several states, which may be included within this Union, according to their 
respective numbers, which shall be determined by adding to the whole number 
of free persons, including those bound to service for a term of years, and 
excluding Indians not taxed, three-fifths of all other persons. Const. U. S. 
art. 1, s. 2. 3. It is also put in contradistinction to being bound as an 
apprentice; as, an apprentice becomes free on attaining the age of twenty-
one years. 
     4. The Declaration of Independence asserts that all men are born free, 
and in a sense, the term includes all mankind. 

FREE COURSE, Mar. law. Having the wind from a favorable quarter. 
     2. To prevent collision of vessels, it is the duty of the vessel having 
a free course to give way to a vessel bearing up to windward and tacking. 3 
Hagg. Adm. R. 215, 326. And at sea, it is the duty of such vessel, in 
meeting another, to go to leeward. 3 Car. & P. 528. See 9 Car. & P. W. Rob. 
225; 2 Dodson, 87. 

FREE SHIPS. By this is understood neutral vessels. Free ships are sometimes 
considered as making free goods. 

FREE WARREN, Eng. law. A franchise erected for the preservation and custody 
of beasts and fowls of warren. 2 Bl. Com. 39; Co. Litt. 233. 

FREEDMEN. The name formerly given by the Romans to those persons who had 
been released from a state of servitude. Vide Liberti, libertini. 

FREEDOM, Liberty; the right to do what is not forbidden by law. Freedom does 
not preclude the idea of subjection to law; indeed, it presupposes the 
existence of some legislative provision, the observance of which insures 
freedom to us, by securing the like observance from others. 2 Har. Cond. L. 
R. 208. 

FREEHOLD, estates. An estate of freehold is an estate in lands or other real 
property, held by a free tenure, for the life of the tenant or that of some 
other person; or for some uncertain period. It is called liberum tenementum, 
frank tenement or freehold; it was formerly described to be such an estate 
as could only be created by livery of seisin, a ceremony similar to the 
investiture of the feudal law. But since the introduction of certain modern 
conveyances, by which an estate of freehold may be created without livery of 
seisin, this description is not sufficient. 
     2. There are two qualities essentially requisite to the existence of a 
freehold estate. 1. Immobility; that is, the subject-matter must either be 
land, or some interest issuing out of or annexed to land. 2. A sufficient 
legal indeterminate duration; for if the utmost period of time to which an 
estate can last, is fixed and determined, it is not an estate of freehold. 
For example, if lands are conveyed to a man and his heirs, or for his life, 
or for the life of another, or until he shall be married, or go to Europe, 
he has an estate of freehold; but if such lands are limited to a man for one 
hundred or five hundred years, if he shall so long live, he has not an 
estate of freehold. Cruise on Real Property t. 1, s. 13, 14 and 15 Litt. 59; 
1 Inst. 42, a; 5 Mass. R. 419; 4 Kent, Com. 23; 2 Bouv. Inst. 1690, et seq. 
Freehold estates are of inheritance or not of inheritance. Cruise, t. 1, s. 

FREEHOLDER. A person who is the owner of a freehold estate.

FREEMAN. One who is in the enjoyment of the right to do whatever he pleases, 
not forbidden by law. One in the possession of the civil rights enjoyed by 
the people generally. 1 Bouv. Inst. n. 164. See 6 Watts, 556: 

FREIGHT, mar. law, contracts. The sum agreed on for the hire of a ship, 
entirely or in part, for the carriage of goods from one port to another; l3 
East, 300, note; but in, its more extensive sense it is applied to all 
rewards or compensation paid for the use of ships. 1 Pet. Adm. R. 206; 2 
Boulay-Paty, t. 8, s. 1; 2 B. & P. 321; 4 Dall. R. 459; 3 Johns. R. 335; 2 
Johns. R. 346; 3 Pardess, n. 705. 
     2. It will be proper to consider 1. How the amount of freight is to be 
fixed. 2. What acts must be done in order to be entitled to freight. 3. Of 
the lien of the master or owner. 
     3. - l. The amount of freight is usually fixed by the agreement of the 
parties, and if there be no agreement, the amount is to be ascertained by 
the usage of the trade, and the circumstances and reason of the case. 3. 
Kent, Com. 173. Pothier is of opinion that when the parties agree as to the 
conveyance of the goods, without fixing a price, the master is entitled to 
freight at the price usually paid for merchandise of a like quality at the 
time and place of shipment, and if the prices vary he is to pay the mean 
price. Charte-part, n. 8. But there is a case which authorizes the master to 
require the highest price, namely, when goods are put on board without his 
knowledge. Id. n. 9. When the merchant hires the whole ship for the entire 
voyage, he must pay the freight though he does not fully lade the ship; he 
is of course only bound to pay in proportion to the goods he puts on board, 
when he does not agree to provide a full cargo. If the merchant agrees to 
furnish a return cargo, and he furnishes none, and lets the ship return in 
ballast, he must make compensation to the amount of the freight; this is 
called dead freight, (q.v.) in contradistinction to freight due for the 
actual carriage of goods. Roccus, note 72-75; 1 Pet. Adm. R. 207; 10 East, 
530; 2 Vern. R. 210. 
     4. - 2. The general rule is, that the delivery of the goods at the 
place of destination, in fulfillment of the agreement of the charter party, 
is required, to entitle the master or owner of the vessel to freight. But to 
this rule there are several exceptions. 
     5.- 1. When a cargo consists of live stock, and some of the animals die 
in the course of the voyage, without any fault or negligence of the master 
or crew, and there is no express agreement respecting the payment of 
freight, it is in general to be paid for all that were put on board; but 
when the contract is to pay for the, transportation of them, then no freight 
is due for those which die on the voyage. Molloy, b. 2, c. 4, s. 8; Dig. 14, 
2, 10; Abb. Ship. 272. 
     6. -2. An interruption of the regular course of the voyage, happening 
without the fault of the owner, does not deprive him of his freight if the 
ship afterwards proceed with the cargo to the place of destination, as in 
the case of capture and recapture. 3 Rob. Adm. R. 101. 
     7. - 3. When the ship is forced into a port short of her destination, 
and cannot finish the voyage, if the owner of the goods will not allow the 
master a reasonable time to repair, or to proceed in another ship, the 
master will be entitled to the whole freight; and, if after giving his 
consent the master refuse to go on, he is not entitled to freight. 
     8. - 4. When the merchant accepts of the goods at an intermediate port, 
it is the general rule of marine law, that freight is to be paid according 
to the proportion of the voyage performed, and the law will imply such 
contract. The acceptance must be voluntary, and not, one forced upon the 
owner by any illegal or violent proceedings, as, from it, the law implies a 
contract that freight pro rata parte itineris shall be accepted and paid. 2 
Burr. 883; 7 T. R. 381; Abb. Shipp. part 3, c. 7, s. 13; 3 Binn. 445; 5 
Binn. 525; 2 Serg. & Rawle, 229; 1 W. C. C. R. 530; 2 Johns. R. 323; 7 
Cranch, R. 358; 6 Cowen, R. 504; Marsh. Ins. 281, 691; 3 Kent, Com. 182; 
Com. Dig. Merchant, E 3 a note, pl. 43, and the cases there cited. 
     9. -5. When the ship has performed the whole voyage, and has brought 
only a part-of her cargo to the place of destination; in this case there is 
a difference between a general ship, and a ship chartered for a specific sum 
for the whole voyage. In the former case, the freight is to be paid for the 
goods which may be, delivered at their place of destination; in the latter 
it has been questioned whether the freight could be apportioned, and it 
seems, that in such case a partial performance is not sufficient, and that a 
special payment cannot be claimed except in special cases. 1 Johns. R. 24; 1 
Bulstr. 167; 7 T. R. 381; 2 Campb. N. P. R. 466. These are some of the 
exceptions to the general rule, called for by principles of equity, that a 
partial performance is not sufficient, and that a partial payment or 
rateable freight cannot be claimed. 
    10. - 6. In general, the master has a lien on the goods, and need not 
part with them until the freight is paid; and when the regulations of the 
revenue require them to be landed in a public warehouse, the master may 
enter them in his own name and preserve the lien. His right to retain the 
goods may, however, be waived either by an express agreement at the time of 
making the original contract, or by his subsequent agreement or consent. 
Vide 18 Johns. R. 157; 4 Cowen, R. 470; 1 Paine's R. 358; 5 Binn. R. 392. 
Vide, generally, 13 Vin. Ab. 501; Com. Dig. Merchant, E 3, a; Bac. Ab. 
Merchant, D; Marsh. Ins. 91; 10 East, 394; 13 East, 300, n.; 3 Kent, Com. 
173; 2 Bro. Civ. & Adm. L. 190; Merl. Rep. h.t.; Poth. Charte-Partie, h.t.; 
Boulay-Paty, h.t.; Pardess. Index, Affretement. 

FREIGHTER, contracts. He to whom a ship or vessel has been hired. 3 Kent, 
Com. 173; 3 Pardess. n. 704. 
     2. The freighter is entitled to the enjoyment of the vessel according 
to contract, and the vessel hired is the only one that he is bound to take 
there can, therefore, be no substitution without his consent. When the 
vessel has been chartered only in part, the freighter is only entitled to 
the space he has contracted for; and in case of his occupying more room or 
putting on board a greater weight, he must pay freight on the principles 
mentioned under the article of freight. 
     3. The freighter is required to use the vessel agreeably to the 
provisions of the charter party, or, in the absence of any such provisions, 
according to the usages of trade he cannot load the vessel with merchandise 
which would render it liable to condemnation for violating the laws of a 
foreign state. 3 John. R. 105. The freighter is also required to return the 
vessel as soon as the time for which he chartered her has expired, and to 
pay the freight. 

FRESH PURSUIT. The act of pursuing cattle which have escaped, or are being 
driven away from land, when they were liable to be distrained, into other 
places. 3 Bouv. Inst. n. 2470. 

FRESH SUIT, Eng. law. An earnest pursuit of the offender when a robbery has 
been committed, without ceasing, until he has been arrested or discovered. 
Towl. Law Dict. h.t. 

FRIBUSCULUM, civil law. A slight dissension between husband and wife, which 
produced a momentary separation, without any intention to dissolve the 
marriage, in which it differed from a divorce. Poth. Pand. lib. 50, s. 106. 
Vicat, Vocab. This amounted to a separation, (q.v.) in our law. 

FRIENDLESS MAN. This name was sometimes anciently given to an outlaw. 

FRIGIDITY, med juris. The same as impotence. (q.v.)

FRUCTUS INDUSTRIALES. The fruits or produce of the earth which are obtained 
by the industry of man, as growing corn. 

FRUIT, property. The produce of tree or plant containing the seed or used 
for food. Fruit is considered real estate, before it is separated from the 
plant or tree on which it grows; after its separation it acquires the 
character of personally, and may be the subject of larceny; it then has all 
the qualities of personal property, 
     2. The term fruit, among the civilians, signifies not only the 
production of trees and other plants, but all sorts of revenue of whatever 
kind they may be. Fruits may be distinguished into two kinds; the first 
called natural fruits, are those which the earth produces without culture, 
as bay, the production of trees, minerals, and the like or with culture, as 
grain and the like. Secondly, the other kind of fruits, known by the name of 
civil fruits, are the revenue which is not produced by the earth, but by the 
industry of man, or from animals, from some estate, or by virtue of some 
rule of law. Thus, the rent of a house, a right of fishing, the freight of a 
ship, the toll of a mill, are called, by a metaphorical expression, fruits. 
Domat, Lois Civ. liv. 3, tit. 5, s. 3, n. 3. See Poth. De la Communaute, n. 

FUERO JURGO. A Spanish code of laws, said to, be the most ancient in Europe. 
Barr. on the Stat. 8, note. 

FUGAM FECIT, Eng. law. He fled. This phrase, in an inquisition, signifies 
that a person fled for treason or felony. 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. 

FUGITIVE. A runaway, one who is at liberty, and endeavors, by going away, 
to escape. 

FUGITIVE SLAVE. One who has escaped from the service of his master. 
     2. The Constitution of the United States, art. 4, s. 2, 3, directs that 
"no person held to service or labor in one state, under the laws thereof, 
escaping into another, shall, in consequence of any laws or regulation 
therein, be discharged from such service or labor, but shall be delivered 
up, on claim of the party to whom such service or labor may be clue." In 
practice summary ministerial proceedings are adopted, and not the ordinary 
course of judicial investigations, to ascertain whether the claim of 
ownership be established beyond all legal controversy. Vide, generally, 3 
Story, Com. on Const. Sec. 1804-1806; Serg. on Const. ch. 31, p. 387; 9 
John. R. 62; 5 Serg. & Rawle, 62; 2 Pick. R. 11; 2 Serg. & Rawle, 306; 3 Id. 
4; 1 Wash. C. C. R. 500; 14 Wend. R. 507, 539; 18 Wend. R. 678; 22 Amer. 
Jur. 344. 

FUGITIVE FROM JUSTICE, crim. law. One who, having committed a crime within 
a jurisdiction, goes into another in order to evade the law, and avoid its 
     2. By the Constitution of the United States, art. 4, s. 2, it is 
provided, that "a person charged in any state with treason, felony or other 
crime, who shall flee from justice, and be found in another state, shall, on 
demand of the executive authority of the same state from which he fled, be 
delivered up, to be removed to the state having jurisdiction of the crime." 
The act of thus delivering up a prisoner, is, by the law of nations, called 
extradition. (q.v.) 
     3. Different opinions are entertained in relation to the duty of a 
nation, by the law of nations, independently of any treaty stipulations, to 
surrender fugitives from justice when' properly demanded. Vide 1 Kent, Com. 
36; 4 John. C. R. 106; 1 Amer. Jurist, 297; 10 Serg. & Rawle, 125; 3 Story, 
Com. Const. United States, Sec. 1801; 9 Wend. R. 218; 2 John. R. 479; 6 
Binn. R. 617; 4 Johns. Ch. R. 113; 22 Am. Jur. 351: 24 Am. Jur. 226; 14 Pet. 
R. 540; 2 Caines, R. 213. 
     4. Before the executive of the state can be called upon to deliver an 
individual, it must appear, first, that a proper and formal requisition of 
another governor has been made; secondly, that the requisition was founded 
upon an affidavit that the crime was committed by the person charged, or 
such other evidence of that fact as may be sufficient; thirdly, that the 
person against whom it is directed, is a fugitive from justice. 6 Law 
Report, 57. 

FULL AGE. A person is said to have full age at twenty-one years, whether 
the person be a man or woman. See Age. 

FULL COURT. When all the judges are present and properly organized, it is 
said there is a full court; a court in banc. 

FULL DEFENCE, pleading. A denial of all wrong or injury. It is expressed in 
the following formula: And the said C D, (the defendant,) by E F, his 
attorney, comes, and defends the wrong or injury, (or force and injury,) 
when and where it shall behoove him, and the damages and whatsoever else he 
ought to defend." Bac. Ab. Pleas, &c. D; Co. Litt. 127 b; Lawes on Pl. 89; 2 
Chit. Pl. 409; 2 Saund. 209 c; Gould on Pl. c. 2, Sec. 6. See Defence; Et
Cetera; Half Defence. 

FUNCTION, office. Properly, the occupation of an office; by the
performance of its duties, the officer is said to fill his function. 
Dig. lib. 32, 1. 65, Sec. 1.

FUNCTIONARY. One who is in office or in some public employment.

FUNCTUS OFFICIO. This term is applied to something which once had life and 
power, but which now has no virtue whatsoever; as, for example, a warrant of 
attorney on which a judgment has been entered, is, functus officio, and a 
second judgment, cannot be entered by virtue of its authority. When 
arbitrators cannot agree and choose an umpire, they are said to be functi 
officio. Watts. on Arb. 94. If a bill of exchange be sent to the drawee, and 
he passes it to the credit of the holder, it is functus officio, and cannot 
be further negotiated. 5 Pick., 85. When an agent has completed the business 
with which he was entrusted, his agency is functus officio. 2 Bouv. Inst. n. 

FUNDAMENTAL. This word is applied to those laws which are the foundation of 
society. Those laws by which the exercise of power is restrained and 
regulated, are fundamental. The Constitution of the United States is the 
fundamental law of the land. See Wolff, Inst. Nat. Sec. 984. 

FUNDED DEBT. That part of the national debt for which certain funds are 
appropriated towards the payment of the interest. 

FUNDING SYSTEM, Eng. law. The name given to a plan which provides that on 
the creation of a public loan, funds shall immediately be formed, and 
secured by law, for the payment of the interest, until the state shall 
redeem the whole, and also for the gradual redemption of the capital itself. 
This gradual redemption of the capital is called the sinking of the debt, 
and the fund so appropriated is called the sinking fund. 

FUNDS. Cash on hands; as, A B is in funds to pay my bill on him; stocks, as, 
A B has $1000 in the funds. By public funds is understood, the taxes, 
customs, &c. appropriated by the government for the discharge of its 

FUNDUS, civil law. Any portion of land whatever, without considering the use 
or employ to which it is applied. 

FUNERAL EXPENSES. Money expended in procuring the interment of a corpse. 
      2. The person who orders the funeral is responsible personally for the 
expenses, and if the estate of the deceased should be insolvent, he must 
lose the amount. But if there are assets sufficient to pay these expenses, 
the executor or administrator is bound, upon an implied assumpsit, to pay 
them. 1 Campb. N. P. R. 298; Holt, 309 Com. on Contr. 529; 1 Hawke's R. 394; 
13 Vin. Ab. 563. 
     3. Frequent questions arise as to the amount which is to be allowed to 
the executor or administrator for such expenses. It is exceedingly difficult 
to gather from the numerous cases which have been, decided upon this 
subject, any certain rule. Courts of equity have taken into consideration 
the circumstances of each case, and when the executors have acted with 
common prudence and in obedience to the will, their expenses have been 
allowed. In a case where the testator directed that his remains should be 
buried at a church thirty miles distant from the place of his death, the sum 
of sixty pounds sterling was allowed. 3 Atk. 119. In another case, under 
peculiar circumstances, six hundred pounds were allowed. Preced. in Ch. 29. 
In a case in Pennsylvania, where the intestate left a considerable estate, 
and no children, the sum of two hundred and fifty-eight dollars and seventy-
five cents was allowed, the greater part of which had been expended in 
erecting a tombstone over a vault in which the body was interred. 14 Serg. & 
Rawle, 64. 
     4. It seems doubtful whether the husband can call upon the separate 
personal estate of his wife, to pay her funeral expenses. 6 Madd. R. 90. 
Vide 2 Bl. Com. 508; Godolph. p. 2; 3 Atk. 249; Off. Ex. 174; Bac. Ab. 
Executors, &c., L 4; Vin. Ab. h.t. 

FUNGIBLE. A term used in the civil, French, and Scotch law, it signifies 
anything whatever, which consists in quantity, and is regulated by number, 
weight, or measure; such as corn, wine, or money. Hein. Elem. Pand. Lib. 
12, t. 1, Sec. 2; 1 Bell's Com. 225, n. 2; Ersk. Pr. Scot. Law, B. 3, t. 1, 
Sec. 7; Poth. Pret de Consomption, No. 25; Dict. de Jurisprudence, mot 
Fongible; Story, Bailm, Sec. 284; 1 Bouv. Inst. n. 987, 1098. 

FURCA. The gallows. 3 Inst. 58.

FURIOSUS. An insane man; a madman; a lunatic.
     2. In general, such a man can make no contract, because he has no 
capacity or will: Furiosus nullum negotium genere potest, quia non 
intelligit quod agit. Inst. 3, 20, 8. Indeed, he is considered so incapable 
of exercising a will, that the law treats him as if he were absent: Furiosi 
nulla voluntas est. Furiosus absentia loco est. Dig. lib. 1, tit. ult. 1. 
40, 1. 124, Sec. 1. See Insane; Non compos mentis. 

FURLINGUS. A furlong, or a furrow one-eighth part of a mile long. Co. Litt. 
5. b. 

FURLONG. A measure of length, being forty poles, or one-eighth of a mile. 
Vide Measures. 

FURLOUGH. A permission given in the army and navy to an officer or private 
to absent himself for a limited time. 

FURNITURE. Personal chattels in the use of a family. By the term household 
furniture in a will, all personal chattels will pass which 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. Amb. 610; 1 
John. Ch. R. 329, 388; 1 Sim. & Stu. 189; S. C. 3 Russ. Ch. Cas. 301; 2 
Williams on Ex. 752; 1 Rop. on Leg. 203-4; 3 Ves. 312, 313. 

FURTHER ASSURANCE. This phrase is frequently used in covenants, when a 
covenantor has granted an estate, and it is supposed some further conveyance 
may be required. He then enters into a covenant for further assurance, that 
is, to make any other conveyance which may be lawfully required. 

FURTHER HEARING, crim. law, practice. Hearing at another time. 
     2. Prisoners are frequently committed for further hearing, either when 
there is not sufficient evidence for a final commitment, or because the 
magistrate has not time, at the moment, to hear the whole of the evidence. 
The magistrate is required by law, and by every principle of humanity, to 
hear the prisoner as soon as possible after a commitment for further 
hearing; and if he neglect to do so within a reasonable time, he becomes a 
trespasser. 10 Barn. & Cresw. 28; S. C. 5 Man. & Ry. 53. Fifteen days were 
held an unreasonable time, unless under special circumstances. 4 Carr. & P. 
134; 4 Day, 98; 6 S. & R. 427. 
     3. In Massachusetts, magistrates may by statute, adjourn the case for 
ten days. Rev. Laws, 135, s. 9. 
     4. It is the practice in England to commit for three days, and then 
from three days to three days. 1 Chitty's Criminal Law, 74. 

FUTURE DEBT. In Scotland this term is applied to a debt which though created 
is not due, but is to become so at a future day. 1 Bell's Com. 315, 5th ed. 

FUTURE STATE, evidence. A state of existence after this life. 
     2. A witness who does not believe in any future state of existence was 
formerly inadmissible as a witness. The true test of a witnesses competency, 
on the ground of his religious principles, is, whether he believes in the 
existence of a God, who will punish him if he swears falsely; and within 
this rule are comprehended those who believe future punishments will not be 
eternal. 2 Watts' & Serg. 263. See the authorities cited under the article 
Infidel. But it seems now to be settled, that when the witness believes in a 
God who will reward or punish him, even in this world, he is competent. 

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