A Dictionary of Law

In old English law. The making or coining of money.

Lat. To make. Used in old English law of a lawful coining, and also of an unlawful making or counterfeiting of coin. See 1 Salk. 342.

To fabricate evidence is to arrange or manufacture circumstances or Eee indicia, after the fact committed, with the purpose of using them as evidence, and of deceitfully making the

Evidence manufactured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. See FABRICATE.

In the law of eg evidence. <A fact existing only in stalement, without any foundation in truth. Anactual or genuine fact to which a false appearance bas been desicnedly given; a ph

In English law, Lands given towards the maintenance, reouilding, or repiiring of cathedral and other churches. Cowell; Blount.

Inold European law. Acon. tract or formal agreement; but particularly used in the Lombardie and Visigothic laws to denote a marriage contract or a will.

The face of an instramentis that which is shown by the mere’ language employed, without any explanation, modifica. tion, or addition from extrinsic facta or eyvidence. Thus, if the

Lat. To do; to make. Thus, facere defaltam, to make default; facere duellum, to make the duel, or make or do battle; facere finem, to make or pay a fine; facere legem, to make one'

Thatyou canse. Occurring in the phrases “seive fucias,” (that you case to know,) “fiert facias,” (that you cause te ‘be made,) ete,

In doing or paying; in some activity.

Lat. The face or countenance; the exterior appearance or view; hence, conteimplation.or study of a thing on its external or apparent side. Thus, prima facie means at the first insp

‘This name was formerly given to certain notes of sume of the banks in the state of Connecticut, which were made piyable in two years alter the close of the war of 1812. 14 Mass. 3

In Scotch law. Pliancy of disposition. Bell. Facinus quos inquinat cequat. Guilt makes equal thosa whom it stains.

(Lat. Ido that you may give.) A species of contract in the civil law (being one of the innominate contracts) which occurs when a man agrees to perform anything for a price either s

(Lat. I do that you may do.} <A species of contract in the ¢tivil law (being one of the innominate contracts) which occurs when I agree with a min to do his work for him if he will

An exact copy, preserv: ing all the marks of the original.

In England, where the construction of a will may be affected by the appearance of the original paper, the court will order the probate to pasa in fae siimitie, as it may possibly h

A thing done; an action performed or an incident transpiring; an event or circumstance; an actual occurrence. In the earlier days of the law “faci” was used almost exclusively in t

In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, jousts or tournaments. Cowell. Facts. facta et casus, facts and cases. Bract. fol. 16. Facta sunt potenti

A commercial agent, employed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrusted

The allowance or commission paid to a factor by his principal. Russ. Fact. 1; Tomlins.

In Ameriean law. <A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the practice in Vermontand Connecticut. Otherwise terme

The name given to several English statutes (6 Geo. IV. c. 94; 5 & 6 Vict. c. 39; 40 & 41 Vict. c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any pa

In English law. The term includes all buildings and premises wherein, or within the close or curtilage of which, steam, water, or any other mechanical power is used to move or work

A juridical fact. Denotes one of the factors or elements constituting an obligation. Factum negantis nulla probatio sit. Cod, 4, 19, 23. There \s no proof incumbent upon him who de

The corps of professors, instructors, tutors, and lecturers, To be distinguished from the board of trustees, who constitute the corporation.

The college or society of advocates in Scotland.

Inold Englishlaw. A marriage gift coming from the father or brother of the bride,

A badge worn in popish times by persons who had recanted and abjured what was then adjudged to be heresy, as an emblem of what they had merited. Cowell.

<A faggot vote is where a man is formally possessed of a right to vote for members of parliament, without possessing the substance which the vote should represent; as if he is enab

In Saxon law. Malice; open and deadly hostility; deadly feud. The word designated the enmity between the family of a murdered man and that of his murderer, which was recognized, am

In old English law. The portion brought by a wife to her husband, and which reverted toa widow, in case the heir of her deceased husband refused his consent to her second marriage;

The difference between “fail” and “refuse” is that the latter involves an act of the will, while the former may be an act of inevitable necessity. 9 Wheat. 344. a in his plea matte

In Frenchlaw. Bankruptey; failure; the situation of a debtor who finds himself unable to fulfill his engagemenis. Code de Com. arts. 442, 580; Civil Code La. art. 3522,

In legal parlance, the negleet of any duty may be deseribed as a “failure.” But in the language of the business world this term, applied to a merchant or mercantile concern, means

The want or failure of a consideration sufticient to support a note, contract, or conveyance. It may be either partial or entire.

Judicially speaking, a total “failure of evidence” ‘means not only the utter absence of all evidence, but if also means a failure to offer proof, either positive or inferential, to

The failure at a fixed time, or the total extinetion, of issue to take an estate limited over by an executory devisa. A definite failure of issue is when a precise time {g fixed by

The defeat of a particular right, or the failure of reparation for «a particular wrong, trom the lack of a legal remedy for the enforcement of Lhe one or the redress of the other.

The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted to sell.

The lapsing or non-efficiency of a proposed trust, by rea. son of the defect or insutliciency of the deed or instrument creating it, or on account of illegality, indefiniteness, or

A fraudulent, false, or collusive manner of pleading to the deception of a third person.

nm. In English law. <A greater species of market; a privileged market. If is an incorpureal hereditament, granted by royal patent, or established by prescription presupposing a gra

adj. Just; equitable; even-handed: equal, as between conflicting interests.

A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77; 2 smith, Laws Pa. 195.

A deed enrolled, as a bargain und sale of freeholds. 1 Keb. 568.

In French law. A juridical fact. One of the factors or elements constitutive of an obligation.

Idle persons; idle livers; vagabonds. Cowell; Blount.

Inold Englishlaw. A jacket or close coat. Blount.

In old English law. To mow. Falcare prata, to mow or cut grass in meadows laid in for hay. A customary service to the lord by his inferior tenants. Jus falcandi, the right of cutti

In Spanish law. The Faleidian portion; the portion of an inheritance

In Roman law. A law on the subject of testamentary disposition, enacted by the people in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testato

That portion of a testator’s estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one-fourth.

Span. In Spanish law. The slope or skirt of a hill. 2 Wall. 673.

In old English law. A flock or fold of sheep. Cowell.

Inold English law. A fold-course; the course (going or taking about) of a fold. Spelman. A sheep walk, or feed for sheep. 2 Vent. 139,

Sax. A fee or rent paid by a tenant to his Jord for leave to fold his sheep on his own ground. Blount.

Sax, The liberty or privilege of foldage.

A place at the south side of the altar at which the sovereign kneels at his coronation. Wharton.

In Saxon law. A per- FALERA®, In old English law. The tackle and furniture of a cart or wain. Blount.

In old Englishlaw. A hill or down by the sea-side, Co. Litt. 56; Domesday.

See Foic-LAanp.

In Scotch law. To lose. To fall from a right is to lose or forfeit it. i Kames, Eq. 228.

In Spanish law. The final deerse or judgment given in a controversy at law.

In Englishlaw. A quantity of land six ells square superficial measure.

Land plowed, but not sown, and left uncultivated for a time aiter successive crops.

Inold Englishlaw. Anunexplained term for some particular kind of land. Cowell.

In the civil law. False designation; erroneous description of a person or thing in a written instrument. Inst. 2, 20, 30. Falsa demonstratio non nocet, cum de corpore (persona) con

In the civil law. False or counterfeit money. Cod. 9, 24.

A counterfelter. Townsh. PI. 260.

Untrue; erroneous; deceitful; contrived or calculated to deceive and injure. Unlawful. In law, this word means something more than untrue; if means something designedly untrue and

See FEranNED Ac

Personating the master or mistress of a servant, or any representative of such master or mistress, and giving a false character to the servant, is an offense punishable in England

in the forest law, was where a wan claimed more than his due, and was amerced and punished for the same, Manw. c, 25; Tomlins,

In Spanishlaw. Falsity; an alteration of the truth. Las Partidas, pt. 8, tated. 1. Deception; fraud. Id. pt. 3, tit. 32, 1. 21.

Inthe law of evidence. A feigned, simulated, or fabricated fact; a fact not founded in truth, but existing only in assertion; the deceitful semblance of a fact.

A statement or assertion known to be untrue, and intended to deceive. A willful act or declaration contrary to the truth. 65 N. H. 207. In Scotch law. A fraudulent imitation or sup

The unlawful arrest or detention of a person without warrant, or by an illegal warrant, or 8 warrant illegally executed, and either in a ae prison or a place used temporarily for t

Spreading false news, Whereby discord may grow between the queen of England and her people, or the “great men of the realm, or which may produce other mischiefs, still seems to be

The crimihal offense of falsely representing some oth- @r person and acting in the character thus vantage, or enjoy some right or privilege be- Sriging to the one so personated, or

The misdemeanor committed in English law by a per- 80n who swears falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstanc

In criminal law. A false document or sign of the existence of a fact, used with intent toe defraud, for the purpose of obtaining money or property.

False weights and measures are such ag do not comply with the standard prescribed by the state or government, or with the custom prevailing in the place and business in which they

An untrue verdict. Formerly, if a jury gave a false verdict, the party injured by it might sue out and prosecute a writ of attaint against them, either at common law or on the stat

Fraudulentsubornation er concealment, with design to darken or hide the truth, and make things appear otherwise than they are. It is committed (1) by words, as when a witness swear

In equity practice. The showing an item in the debit of an account to be either wholly false or in some part erroneous. 1 Story, Eq. Jur. § 525.

To disprove; to prove to be false or erroneous; to avoid or defeat; spoken of verdicts, appeals, etc. To counterfeit or forge; to make something false; to give a false appearance t

A high offense against public justice, punishable in England by 24 & 25 Vict. ¢. 98, §§ 27, 28, and in the United States, generally, by statute.

In Scotch law. False making; forgery. “Falsing of ervidentis.” 1 Pite. Crim. Tr. pt. 1, p. 85. Making or proving false.

In Scotch law. The proving the injustice, falsity, or errer of the doom or sentence of a court. Tomlins; Jacob. The reversal of a sentence or judgment, Skene. An appeal. Bell.

A forger; a counterfeiter. Hov, 424.

A writ which formerly lay against the sheriff who had execution of process for false returning of writs. Reg. Jud, 438.

Lat. In the civil law. A false or forged thing; a fraudulent simulation; a fraudulent counterfeit or imitation, falsehood, concealment of the truth, or fraud. ulent alteration, a3

False; fraudulent; erroneous, Deceitiul; mistaken. Falsus in uno, falsus in omnibus, False in one thing, false in everything. Where a party is clearly shown to bave embezzled one a

An obsolete writ for the tenant in frank-marriage to recover lands, etc., of which he was deforeed.

Fame; character; reputation; report of common opinion. Fama, fides et oculus non patiuntur ludum. 3 Builst, 226. Fame, faith, and eyesight do not suffer a cheat. Fama, quce suspici

A killer of reputation; 4 Blanderer.

A term denoting an agreement between a father and his children, or between the heirs of a deceased father, to dispose of property, or to partition jt in a different manner than tha

An institution of the laws of Loutsiana, being a council of the relatives (or, if there are no relatives, of the friends) of a minor, for the purpose of advising as to his affairs