Black's Law Dictionary

In the civil law. To order a thing upon one's faith; to pledge one's self; to become surety for another. Fide-jubes t Fide-jubeo: Do you pledge yourself? I do pledge myself. Inst 3

In Roman law. A guarantor ; one who becomes responsible for the payment of another's debt, by a stipulation which binds him to discharge it if the principal debtor fails to do so.

Lat. Fealty, (q. v.) Fidelitas. De nullo tenemento, quod tenetur ad terminum, fit homagii; fit tamen inde fidelitatis sacramentum. Co. Litt. 676. Fealty. For no tenement which is h

See Insurance.

Lat To betray faith or fealty. A term used in feudal and old English law of a feudatory or feudal tenant who does not keep that fealty which he has sworn to the lord. Leg. Hen. I.

See Fide-Jussor.

Lat. Faith; honesty; confidence ; trust; veracity; honor. Occurring in the phrases "bona fides," (good faith,) "mala fides," (bad faith,) and "uberrima fides," (the utmost or most

Bacon. A trust is an obligation of conscience of one to the will of another.

Faith must be observed. An agent must not violate the confidence reposed in him. Story, Ag. § 192.

Faith must be kept; the simplicity of the law of nations mnst prevail. A rule applied to bills of exchange as a sort of sacred instruments. 3 Burrows, 1672; Story, Bills, § 15.

In Roman law. An early form of mortgage or pledge, in which both the title and possession of the property were passed to the creditor by a formal act of sale, (properly with the so

An adjective having the same meaning as "fiduciary;" as, in the phrase "public or fiducial office." Ky. St. § 3752; Moss v. Rowlett, 112 Ky. 121, 65 S. W. 153.

In Roman law. The elder brother of an emancipated pupillus, whose father had died lcaving him still under fourteen years of age.

One is said to act in a "fiduciary capacity" or to receive money or contract a debt in a "fiduciary capacity," when the business which he transacts, or the money or property which

An agreement by which a person delivers a thing to another on the condition that he will restore it to him.

A relation subsisting between two persons in regard to a business, contract, or piece of property, or in regard to the general business or estate of one of them, of such a characte

The term is derived from the Roman law, and means (as a noun) a person holding the character of a trustee or a character analogous to that of a trustee, in respect to the trust and

A fee, feod or feud.

Fr. In Norman feudal law. A fief or fee held by the tenure of knight-service; a knight's fee. 2 Bl. Comm. 62.

In old English law. The holder of a fief or fee; a feeholder or freeholder.

In Spanish law. A sequestrator; a' person in whose handsa thing in dispute is judicially deposited; a receiver. Las Partidas, pt. 3, tit. 9, 1. 1.

This term might well be considered as definite and certain a description as "close," and might be used in law'; but it is not a usual description in legal proceedings. 1 Chit. Gen.

In Spanish law. Sequestration. This is allowed in six cases by the Spanish law where the title to property is in dispute. Las Partidas, pt 3, tit. 3, 1. 1.

An ancient custom in England, by which officers of the forest and bailiffs of hundreds had the right to compel the hundred to furnish them with ale. Tomlins.

An officer elected, in England, by the owners of a regulated pasture to keep in order the fences, ditches, etc., on the land, to regulate the times during which animals are to be a

Ancient Gothic courts of an inferior jurisdiction, so called because four were instituted within every inferior district or hundred. 3 Bl. Comm. 34.

Lat To be made; to be done. See In Fieri.

(That you cause to be made.) In practice. A writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the Judgment debtor. —

When a sheriff to a common fi. fa. returns nulla bona, and that the defendant 4s a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis,

The writ issued on an ordinary judgment against an executor when sued for a debt due by his testator. If the sheriff returns to this writ nulla bona, and a devastavit, (q. v.,) the

(I have caused to be made.) In practice. The name given to the return made by a sheriff or other officer to a writ of fieri facias, where he has collected the whole or a part, of t

It ought not to be done, but [if] done, it is valid. Shep. Touch. 6; 5 Coke, 39; T. Raym. 58; 1 Strange, 526. A maxim frequently applied in practice. Nichols v. Ketcham, 19 Johns.

An abbreviation for fieri facias, (which see.)

In English law. This was originally a tax or tribute, levied at intervals by act of parliament, consisting of one-fifteenth of all the movable property of the subject or personalty

An encounter, with blows or other personal violence, between two persons. See State v. Gladden, 73 N. C. 155; Carpenter v. Pcople, 31 Colo. 284, 72 Pac. 1072; Co.les v. New York Ca

Sax. A mulct or fine for making a quarrel to the disturbance of the peace. Called also by Cowell "forisfactura pugnœ." The amount was one hundred and twenty shillings. Cowell.

An officer of the superior courts at Westminster, whose duty it was to file the writs on which he made process. There were fourteen filacers, and it was their duty to make out all

In old English practice. To file. Townsh. PI. 67.

n. A thread, string or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more safe-keeping and ready turning to the same. Spelman ; Cowel

Brit. A name given to villeins in the laws of Hoel Dda. Barring. Obs. St. 302.

To fix a bastard child on some one, as its father. To declare whose child it is. 2 W. Bl. 1017.

The relation of a child to its parent; correlative to "paternity." The judicial assignment of an illegitimate child to a designated man as its father. In the civil law. The descent

Co. Litt. 126. Filiation cannot be proved.

In old English law. A ferny or bracky ground; a place where fern grows. Co.. Litt. 4b; Shep. Touch. 95.

7 Coke, 8. A son in the mother's womb is part of the mother's vitals.

In old records. A godson. Spelman.

Lat. A son; a child. A distinction was sometimes made, in the civil law, between "filii" and "liberifi' the latter word including grandchildren, (nepotes,) the former not. Inst. 1,

1 Sid. 193. Son is a name of nature, but heir is a name of law.

In the civil law. The son of a family; an unemancipated son. Inst. 2, 12, pr.; Id. 4, 5, 2; Story, Confl. Laws, § 61.

In old English law. The eldest legitimate son of a woman, who previously had an illegitimate son by his father. Glanv. lib. 7, C. 1. Otherwise called "mulier." 2 Bl. Comm. 248.

The son of nobody; i. e., a bastard.

A son of the people ; a natural child.

To make full; to complete; to satisfy or fulfill; to possess and perform the duties of. The election of a person to an office constitutes the essence of his appointment; but the of

A young mare; a female colt. An indictment charging the theft of a "filly" is not sustained by proof of the larceny of a "mare." Lunsford v. State, 1 Tex. App. 448, 28 Aih. Rep. 41

Lat. In old practice. A file; l. e., a thread or wire on which papers were strung, that being the ancient method of filing. An imaginary thread or line passing through the middle o

A thread of water; a line of water; the middle line of a stream;of water, supposed to divide it into two equal parts, and constituting in many cases the boundary between the ripari

The border of the forest. 2 Bl. Comm. 419; 4 Inst. 303. —'Fiium viæ. The thread or middle line of a road. An imaginary line drawn through the middle of a road, and constituting the

Fr. An end or limit; a limitation or period of limitation.

Definitive; terminating; completed ; last In its use in jurisprudence, this word is generally contrasted with "interlocutory." Johnson v. New York, 48 Hun, 629, 1 N. Y. Supp. 254;

Such costs as are to be paid at the end of the suit; costs, the liability for which depends upon the final result of the litigation. Goodyear v. Sawyer (C. C.) 17 Fed. 8.

One from which no appeal or writ of error can be taken. Railway Co. v. Gillespie, 158 Ind. 454, 63 N. E. 84G; Bland-ing v. Sayles, 23 R. I. 226, 49 Atl. 992.

When it is said to be essential to the validity of an award that it should make a "final disposition" of the matters embraced in the submission, this term means such a disposition

This term designates the trial of an equity case upon the merits, as distinguished from the hearing of any preliminary questions arising in the cause, which are termed "interlocuto

A final injunction is one granted when the rights of the parties are determined ; it may be made mandatory, (commanding acts to be done,) and ls distinguished from a preliminary in

A final or conclusive agreement. In the process of "levying a fine," this was a final agreement entered by the litigating parties upon the record, by permission of court, settling

One which either terminates the action itself, or decides some matter litigated by the parties, or operates to divest some right; or one which completely disposes of the subject-ma

In parliamentary law. The final passage of a bili is the vote on its passage in either house of the legislature, after it has received the prescribed number of readings on as many

The last process in a suit; that is, writs of execution. Thus distinguished from mesne process, which includes ali writs issued during the progress of a cause and before final judg

The final judgment in an action. Also the final verdict in an action, as distinguished from the judgment entered upon it Fisk v. Gray, 100 Mass. 193; Count Joannes v. Pangborn. 6 A

One which puts an end to a case. Distinguished from interlocutory

This term, as applied to the administration of an estate, la usually understood to have reference to the order of court approving the account which closes the business of the estat

The publlc wealth of a state or government, considered either statically (as the property or money which a state now owns) or dynamically, (as its income, revenue, or public resour

A person employed in the economical management and application of public money; one skilled in the management of financial affaire,

In French law. An exception or plea founded on law, which, without entering into the merits of the action, shows that the plaintiff has no right to bring it, either bscause the tim

To discover; to determine; to ascertain and declare. To announce a conclusion, as the result of judicial investigation, upon a disputed fact or state of facts; as a jury are said t

One who discovers and takes possession of another's personal property, which was then lost. Kincaid v. Eaton, 98 Mass. 139, 93 Am. Dec. 142. A searcher employed to discover goods i

A decision upon a question of fact reached as the result of a Judicial examination or investigation by a court, Jury, referee, coroner, etc. Williams v. Giblin, 86 Wis. 648, 57 N.

A determination of a fact by the court, such fact being averred by one party and denied by the other, and the determination being based on the evidence in the case; also the answer

n. In conveyancing. An amicable composition or agreement of a suit, either actual or fictitious, by leave of the court, by which the lauds in question become, or are acknowledged t

The English statutes 3 & 4 Wm. IV. c. 74, for abolishing fines and recoveries. 1 Steph. Comm. 514, et seq.

An abolished writ for disannulling a fine levied of lands in ancient demesne to the prejudice of the lord. Reg. Orig. 15.

An obsolete writ which lay for a person who, upon conviction by jury, had his lands and goods taken, and his body imprisoned, to be remitted his imprisonment, and have his lands an

A fine anciently payable upon the alienation of a feudal estate and substitution of a new tenant. It was payable to the lord by all tenants holding by knight's service or tenants i

An absolute necessity or inevitable constraint. Plowd. 94; 6 Coke, 11; Cowell.

A fine anciently payable to the lord by the widow of a tenant, without which she could not be endowed of her husband's lands. Abolished under Henry I., and by Magna Charta. 2 Bl. C

To make or pay a fine. Bract. 106.

An obsolete writ to inhibit officers of courts to take fines for fair pleading.

An old writ that lay for the release of one imprisoned for a redisseisin, on payment of a reasonable fine, Reg. Orig. 222.

In old English law. The king's fines. Fines formerly payable to the king for any contempt or offense, as where one committed any trespass or falsely denied his own deed or did anyt

A fine upon acknowledgment of the right merely, and not with the circumstance of a preceding gift from the cognizor. This was commonly used to pass a reversionary interest which wa

A fine upon concessit, (he hath granted.) A species of fine, where the cognizor, in order to make an end of disputes, though he acknowledged no precedent right, yet granted to the

A double fine, comprehending the fine sur cognizance de droit come ceo and the fine sur concessit. It might be used to convey particular limitations of estates, whereas the fine su

In old English law. To fine or pay a Ann. Cowell. To end or finish a matter.

Lat. An end; a fine; a boundary or terminus; a limit. Also in L. Lat., a fine (q. v.)

Glan. lin. 8, c. l. A flne is an amicable settlement and decisive agreement by consent and agreement of our lord, the king or his justices.

A fine puts an end to litigation. 3 Inst 78.

3 Inst. 5L The end of a thing is to be attended to.

2 Bulst. 305. The end of one day is the beginning of another.

An ending; dcath, as the end of Ilfe, Blount; Cowell.

In the civll law. Action for regulating boundaries. The name of an action which lay between those who had lands bordering on each other, to settle disputed boundaries. Mackeld. Rom