A Dictionary of Law

Anything done, or said; an act or action; an actual occurrence; a circumstance; -whatever comes to pass; an event. See Factum. Subjects of jurisprudence are facts and laws: tacts a

^ An agent who is commissioned by a merchant or other person to sell goods for him and receive the proceeds.? A commercial agent, transacting the mercantile affairs of other men, i

A contraction of " manufactory,— a building, or collection of buildings, appropriated to the manufacture of goods." Includes the building, the machineiy necessary to produce the pa

1. The state or condition of being wanting; a falling short; deficiency or lack; defect, want, absence; default; defeat. Failure of consideration. Want or absence of a legal consid

1, adj. Equal; just; proper; reasonable; equitable. See Equity. Fair abridgment. A real substantial condensation of copyrighted materials, as the result of labor and judgment. See

Belief; confidence; reliance; credence; trust, q. v. Fair intent of purpose; honesty, openness, uprightness; sincerity; fidelity to a representation, promise, or duty. Good faith.

or POBTIOTJ". In the reign of Augustus, on motion of Publius Falcidius, it was enacted (40 B. C.) that a testator could not bequeath away from his heir more than three-fourths of h

A life estate is sometimes said to "fall into," that is, to merge with, the fee.

^ Originally, servants; in its modern comprehensive meaning, a collective body of persons living together in one house, or within the curtilage.' In popular acceptance includes par

See Game, 3.

1. As descriptive of days, see Holiday. 3. Referring to an estate — real, of the nature of realty.^ 3. Moving more than a specified number of miles, as eight, per hour." 1 2 Bl. Co

See Ancestor; Bastard; Child; Consanguinity; Descent; Mother; Name, 1; Parent. Compare Pater; Partus. FAUCES TEBRiE. L. The jaws of the land: projecting headlands inclosing an arm

1. An improper act due to ignorance, negligence or willfulness,' qq. v. Compare Culpa; Delictum. In averments in pleadings, lias substantially the same meaning as "negligence."* At

See CsALLENaE, 3; Prefer, 3; -Prejudice..

An endowment in land, or a pension in money, given to a cathedral or conventual church in prcebendam: for maintaining a secular priest or regular canon as a prebendary. 2

See Federal; Confederation. FCEIfUS IfAUTICUM. L. Marine interest. Sometimes designates a loan of money to be employed in an adventure by sea, upon condition to be repaid witli ext

' The oath or obligation of a vassal, under the feudal system, to be faith- "f ul to his lord and defend him against all enemies. 8 The original of the oath of allegiance, g. u. Se

See Affray; Defense, 1; Du- ' RESS; Influence; Quia Timet; Robbery..FEASANCE.^ A doing; a performing or performance. Gratuitous feasance. A voluntary service— rendered or undertake

See Holiday; Year, Leap-year.

1. Pertaining to a league or compact between independent sovereignties. 2. Composed of states which retain only a portion of their original sovereignty; relating to the constitutio

A publication issued from 1787 to 1789, and consisting of papers, written by Hamilton, Madison, and Jay, intended to prepare the people for accepting the Constitution. Of its eight

See Issue, 2.

See Partner; Servant.

1. A felon (g. v.) of himself. He that deliberately puts an end to his own existence, or commits any unlawful malicious act, the consequence of which is 1 Trist V. Child, 81 Wall.

* An offense which, at common law, occasioned a total forfeiture of lands or goods, or both, and to which capital or other punishment could be added, according to the degree of gui

See Feme; Gsndee; Venter; Woman. FEME; or FEMME. F. A woman; a wife. Feme is the older form: L. femella^ femina, a young woman. Plural, femes, femmes. Feme covert, or feine.^overt.

A line of obstacle, composed of any material that will present the desired obstruction.* Partition fence. As contemplated in a statute, a fence on the line between two proprietors,

See Feud.

1. The gift of a feud; infeudation. See Feud. Enfeoff. To give a feud. reoffor. The grantor of a feud. Feoffee. The giantee of a feud. 2. The gift of any corporeal hereditament," b

' A place where persons and things are taken across a stream or body of water, in boats, for hire.^ May refer to the water traversed or to the landingplace or places." Ferry frahc

See Feud.

3 Land held of a superior, on condition of rendering him service. Opposed to allodium, the absolute or ultimate property, which continued to reside in the superior.* See Allodial.

See Fieri.

Ex mero motu. Out of pure free-w Ul. See Motion, 1. Ex mora. From delay, or default. Ex necessitate. From necessity; necessarily. Ex necessitate legis. From urgency of the law. Ex

Ex parte. On behalf of. Abbreviated ex p., and exp. See Pars. Ex post facto. After the fact. See Factum, Ex post facto.. Ex proprio. Of his or its own. Ex proprio motu. Of his own

3 That which is feigned, assumed, pretended. The legal assumption that something is true which is or may be false; an assumption of an innocent and beneficial character, made to ad

See Faith; Fides; Insurance; Trust, 1.

Trust, confidence, reliance; credence, belief, faith. Bona fides. Good faith. Bona fide. In, witii, or by good faith. Mala fides. Bad faith. Mala fide. In, with, or by bad faith. U

s Held, founded, resting upon an actual trust: as, a fiduciary — capacity or character, contract or relation, debt, debtor, creditor. Fiducial. Of the nature of a trust. ■ 2 BI. Co

1. A lot in a town may be a field." But a one-acre lot used for cultivating vegetables is a "garden." 8 See Agriculture. 2. "In the iield," said of a soldier, means in the military

See Citizen. FIGrHT. Does not necessarily imply that both parties should give and take blows. It is sufficient that they voluntarily put their bodies in position with that intent.

Numerals. At-abic, 1888; Roman, MDCCCLXXXVni. The objection to using Arabic figures in formal documents is that they may be readily altered. In some States they are not allowed in

2 1. At common law, a thread, string or wire, upon which writs or other exhibits ai'e fastened for safe-keeping and ready reference.^ 3. To exhibit or present to a court in the reg

See Emancipation; Parent.

A child; a son. Filius nullius. The child of nobody. Filius populi. The child of the people. A bastard, q. v.

A thread; a line — the middle line of a stream or road. The imaginary line drawn through a stream or highway at which the titles of the opposite owners presumably meet.* Filum aq.u

See Final; Fine.

See Final; Pekpect. Moving into a house may not estop the owner to deny th/it it was finished, within the meaning of his acceptance of an order " to be paid when the house is finis

A policy of insurance against Are includes every loss necessarily following directly from the occurrence of a fire.s See Cause, 1, Proximate; Explosion; Insurance; Lightning. Fire-

See Partnership; Signature; Trade-mark.

1. Preceding all others; foremost, earliest, preferred: as, first — mortgage, occupant, purchaser, talier, term; first of exchange, qq. v. 2. In a will, may not import precedence o

See Confiscate; Forfeiture. FISH; FISHERY. 1. The right to take fish at a certain place or in particular waters is a " fishery." Common of fishery or piscary. A liberty of fishing

8 1. To render finally liable: as, to fix bail, q. v. 3. To set for trial or hearing: as, to fix a case on a list. 3. To prescribe the rule by which a thing is to be determined: as

a thing fixed or affixed to another thing. A thing fixed in a greater or less degree to realty.' Anything annexed to the freehold; that is, fastened to or connected with it. A chat

A cheating; deceit; imposition; fraud. Compare Dolus. rraus est eelare fraudem. It is a fraud to conceal a fraud. Concealment (g. «.) may amount to fraud. Fraus latet in generalibu

A section of a building between horizontal planes. The words, used in a lease, the "first floor" are equivalent to the " first story " of the building, and naturally include the wa

See Laeceny; Pekish ABLE;

The presiding member of a jury, grand or petit. From the persons summoned and accepted as grand jurors, the court appoints the foreman, who has power to administer oaths to witness

See Prosecute; Prosequi; Pursue; Suit. Follow copy. See Telegraph. Follow a fimd or property. See Identity, 3. Follows the person. See Property, Personal.

See Possessio, Pedis. Foot-way. See Bridge; Sidewalk.

1. On account of, by reason of, because of; in behalf of; as agent for.* See Agent. 3. May mean " during," As, in Neb. code, § 947, which requires public notice of the time and pla

Suspension of an existing demand, i Delay in enforcing a right. In statutes against usury, giving additional time, after the time originally limited for the return of a loan has pa

< Compai-e Vigor; Vis. Strength; power. 1. Strength applied or exerted; power in action or motion; active power; compulsion; resistance; also, unlawful violence, — violence, q. V.

A closing up, shutting out,' barring, preclusion. 1. Specifically, the extinguishment of a mortgagor's equity of redemption beyond possibility of recall.' A mortgage is foreclosed

1. That which belongs or pertains to another country, nation, or sovereignty; or to another State, or division of a State.* As, foreign or a foreign — administrator, allegiance, as

Forests were waste grounds, belonging to the king, replenished with beasts of chase, which are under his protection. • For the preservation of the king's game there were particular

Compare Permanent. Used of the location of a county seat, may mean luitil changed by law.s In a conveyance, was held not to impart inheritable quality. ^

5 1. To divest or to suffer divestiture of property, without compensation, in consequence of a default or offense. 3. To pay money as a mulct, or for a default or wrong. To take aw

' 1. A mechanical contrivance by which iron is made or manufactured from the ore. But a blacksmith's forge is not a " forge or furnace for manufacturing iron." ^ 3. To make in the

Falsify. 1. To represent a fact falsely. 3. To tamper with a document by interlineation, ololiteration, or otherwise. See Altbbation, 3; Eecord. 3. To prove a thing to be false, pa

See Condone; Merctj Pardon.

1. Established method of expression or practice; a fixed way of proceeding. Compare Course, 3. 3. The model of an instrument or legal proceeding; a formula.^ See Blanks. Opposed to

Form; formality; character. Occurs in the phrases in forma pauperis, and pro forma, qq. v. Formaliter. In form; formally. FORMEDOM". A writ which lay for a person who, being intere

See Acquittal; Adjudication; Conviction; Recovery.

i Illicit carnal intercourse by an unmarried person with a person of the opposite sex. 2 Sexual intercourse between a man, married or single, and an unmarried woman, as to the unma

Fornication. Originally, a vault, an aroh, — a brothel. Fornix et csetera. Fornication and the rest: fornication and bastardy, qq. v.

See Forum.

To swear falsely. Does not necessarily import perjury, g. v. One may swear to what is not true before an of Qcer not qualified to administer an oath.*

Implies something more than a mere military camp, post, or station; a fortification or a place protected from attack by some such means as a moat, wall, stockade, or parapet."' See

Describes a bond given to a sheriff, conditioned that property seized by him shall be produced or forthcoming when lawfully required.i Also said of a person released on bail, q. v.

Has a relative meaning, and will imply a longer or a shorter period, according to the nature of the ihing to be done. 2 1. Immediately; without delay; directly.' 3. Within reasonab

Resulting from chance, or unavoidable cause; casual; inevitable: as, a fortuitous colhsion or event.^ See Accident. FORTUNE-TELLUfG. See Witch-

The place where court weis held in cities of the Roman empire; the place where redress is to be sought; place of jurisdiction; jm'isdiction; a judicial tribunal, q. v.; a court; th

A person who receives and transports merchandise at his own expense of time and money, in consideration of a compensation paid him by the owner or consignee; and who has no concern

Has no technical meaning. Four corners. All parts; the whole. Take by the four comers: construe an instrument as a whole.' Four seas. The waters surrounding England. Within the fou

See Day.

Cost, price; expense. Frais jusqu'a bord. Expenses to the board (vessel); free on board. In an invoice of imported goods, excludes cartage and comm Lssions paid to the shipping mer

a Free. Frankalmoign. Tenure in consideration of religious services (alms).^ Frankpledge. Surety for general good behavior, anciently required of freeborn persons. Franktenement. A

See Association; Community, 3.

See Homicide.

Merchandise transported or to be transported; also, compensation for that service. In its widest sense, may include fare, for it is that " with which anything is fraught or laden f

Law-French, which is used in old law-books and legal proceedings, exhibits many terms and idioms not employed in classic French. Under William the Norman and his sons, all the publ

See Suit, 1.

See Act, 1, Of God; Bed, 2; Watee-couese.

Compare Ami; Amicus. One favorably disposed to another person. Friend of the cotirt. A disinterested by-stander who furnishes information to the judge trying a cause, or to a court

Is applied to an answer, plea, or objection which upon its face is clearly insufficient in law, and apparently made for purposes of delay or to embarrass an adversary. An answer is

Not wanting in any essential quality; complete; entire; whole; perfect; adequate. Full age. The age of twenty-one years; majority. See Age. Full blood. Whole blood. See Blood. Full

See Ofpicium, Functus, etc. FUND; FUNDS.i A deposit of resources; stock or capital; money invested for a specific object; revenue: as, the fund of a bank, or of a trust. - " Funds,

See Constitution. Alterations m a charter which are not "fundamental," and are authorized by the legislature, may be effectually accepted by a majority of the stockholders — a majo

See Bueial. " Funeral expenses" may include the cost of carriage-hire, vault, and tombstone, besides the cost of shroud, coffin, grave, etc.^ But not, charges for dinner and horse-