Black's Law Dictionary

5 Coke, 96. That is not called a "deed" which does not continue operative.

Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence is to be directed. 1 Greenl. Ev. § 13.

A probative or evidentiary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence.

Co. Litt. 152. The deed of one should not hurt another.

The power of proofs [right of offering or giving testimony] is not to be narrowed. 4 Inst 279.

In the law of divorce. The capability of the husband to render a support to the wife in the form of alimony, whether temporary or permanent, including not only his tangible propert

In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indulgence to do that which 'by law he may not do; e. g., to marry without

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.

In old English law. 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 enabl

1. The difference between "full" and "refuse" is that the latter involves an act of the will, while the former may be an act of inevitable necessity. Taylor v. Mason, 9 Wheat. 344,

A person (or a corporation or instifution) is snid to be in failing circumstances when he is about to fail, that is, when he is actually insolvent and is acting in contemplation of

When an action is brought agninst a person who alleges in his plea matter of record in bar of the action, and avers to prove it by the reconi, but the plaintiff saith nul tiel reco

In French law. Bankruptcy; failure; the situation of a debtor who finds himself unable to fulfill his engagements. Code de Com. arts. 442, 580; Civil Code La. art. 3522.

In a general sense, deficiency, want or lack; ineffectualness; inefficiency as measured by some legal standard; an unsuccessful attempt. White v. Pettljohn, 23 N. C. 55; State v. B

As applied to notes, contracts, conveyances, etc., this term does not mean a want of consideration, but implies that a consideration, originally existing and good, has since become

Judicially speaking, a total "fnilure of evidence" means not only the utter absence of ali evidence, but it also means a failure to offer proof, either positive or inferential, to

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

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

Failure of the defendant to produce a reconi which he has alleged and relied on in his plea.

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 reason of the defect or insufficiency of the deed or instrument creating it, or on account of illegality, indefiniteness, or o

In old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true; a false action was properly where th

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

adj. Just; equitable; even-handed ; equal, as between conflicting interests. —Fair abridgment. In copyright law. An abridgment consisting not merely in the arrangement of excerpts,

In copyright law. An abridgment consisting not merely in the arrangement of excerpts, but one involving reni and substantial condensation of the materials by the exercise of intell

In bankruptcy law. One which is honest or free from suspicion, or one actually valuable, but not necessarily adequate or a full equivalent. Myers v. Fultz, 124 Iowa, 437, 100 N. W.

Justly; rightly; equitably. With substantial correctness. "Fairly" is not synonymous with "truly," and "truly" should not be substituted for it in a commissioner's oath to take tes

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.

See Beau-pleader.

In the law of evidence. Such a superiority of the evidence on one side that the fact of its outweighing the evidence on the other side can be perceived if the whole evidence is fai

In foreclosure and other judicial proceedings, this means a sale conducted with fairness and impartiality as respecte the rights and interests of the parties affected. La-lor v. Mc

One conducted according to due course of law; a trini before a competent and impartial jury. Railroad Co. v. Cook, 37 Neb. 435, 55 N. W. 948; Railroad Co. v. Gardner, 19 Minn. 136

L. Fr. Anything done. A deed; act; fact. , A deed lawfully executed. Com. Dig.

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

1. Confidence; credit; reliance. Thus, an act may be said to be done "on the faith" of certain representations. 2. Belief; credence; trust. Thus, the constitution provides that "fu

As used in bonds of publlc and private officers, this term imports not only honesty, but also a punctilious discharge of nil the duties of the office, requiring competence, diligen

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

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

A street peddler who disposes of worthless wares or of any goods above their value, by means of any false representation. trick, device, lottery or game of chance. Milis' Ann. St.

In old English law. 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 Fal-cidian portion; the portion of an Inheritance which could not be legally bequeathed away from the heir, viz., one-fourth.

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 Falcldian law, was required to be left to the heir, amounting to at least one-fourth.

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

The privilege which anciently several lords reserved to themselves of setting up follis for sheep in any fields within their manors, the better to manure them, and this not only wi

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

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

Sax. A fee or rent paia Dy a tenant to his lord for leave to fold his sheep on his own ground. Blount.

In ecclesiastical law. The bishop's scat or throne within the chancel. tlon of a person or thing in a written instrument Inst. 2, 20, 30.

A sheep-fold. CowelL

Sav. The llberty or privilege of foldage.

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

In Saxon law. A person of age that he may be reckoned of some decennary. Du Fresno

In old English law. The tackle and furniture of a cart or wain. Blount

In old English law. A hill or down by the sea-side. Co. Litt. 5b; Domesday.

See Folc-Land.

In Scotch law. To lose. To fall from a right is to lose or forfeit it. 1 Kames, Eq. 228.

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

In English law. A quantity of land six ells square superficial measure.

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

In old English law. An unexplained term for seme particular kind of land. Cowell.

In the civil law. Falae designation; erroneous descrip

A bequest is not rendered void by an erroneous description. Inst. 2, 20, 30; Broom, Max. 645.

False description does not injure or vitiate, provided the thing or person intended has once bcen sufficiently described. Mere false description does not make an instrument inopera

False or bad grammar does not vitiate a grant Shep. Touch. 55; 9 Coke, 48a. Neither false Latin nor false English will make a deed void when the intent of the parties doth plainly

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

False spelling does not vitiate a deed. Shep. Touch. 55, 87 ; 9 Coke, 48a; Wing. Max. 19.

In old English law. To counterfeit. Quia falsavit sigillum, because he counterfeited the seal. Bract fol. 276b.

A counterfeiter. Townsh. PI. 260.

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

See Feigned Action.

In pleading. A sham answer; one which is false in the sense of being a mere pretense set up in bad faith and without color of fact Howe v. Elwell, 57 App. Div. 357, 67 N. Y. Supp.

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 w

where a man claimed more than bis due, and was amerced and punished for the same. Manw. c. 25; Tomlins. Defined under False in Black's Law Dictionary.

In Spanish law. Falsity; an alteration of the truth. Las Partidas, pt. 3, tit 26, 1. 1. Deception; fraud. Id. pt. 3, tit 32, 1. 21.

In banking law. An entry in the books of a bank which is intentionally made to represent what is not true or does not exist, with intent either to deceive its officers or a bank ex

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

A statement or assertion known to be untrue, and intended to deceive. A willful act or declaration contrary to the trnth. Putnam v. Osgood, 51 N. H. 207. In Scotch law. A fraudulen

See Imprisonment.

A counterfeit; one made in the similitude of a genuine instrument and purporting on its face to be such. U. S. v. Howell, 11 Wall. 435, 20 L. Ed. 195; U. S. v. Owens (a G.) 37 Fed.

In old English law. A writ which lay when a false judgment had been pronounced in a court not of reconi, as a county court, court baron, etc. Fitzh. Nat. Brev. 17, 18. In old Frenc

When law proceedings were written in Latin, if a word were significant though not good Latin, yet an indictment, declaration, or fine should not be made void by it; but if the word

Lights and signals falsely and maliciously displayed for the purpose of bringing a vessel into danger.

Spreading false news, whereby discoid may grow bat ween the queen of England and her people, or the great men of the realm, or which may produce other mischiefs, still seems to be

See Perjury.

The criminal offense of falsely representing some other person and acting in the character thus unlawfully assumed, in older to deceive others, and thereby gain some profit or adva

A sham plea. See infra. And see People v. McCumber, 18 N. Y. 321, 72 Am. Dec. 515; Pierson v. Evans, 1 Wend. (N. Y.) 30.

See False.

A deceitful representation, or one contrary to the fact, made knowingly and with the design and effect of inducing the other party to enter into the contract to which it relates.

A return to a writ, in which the officer charged with it falsely reports tnat he served it, when he did not, or makes some other false or incorrect statement, whereby injury result

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

In criminal law. A false document or sign of the existence of a fact, used with intent to defraud, for the purpose of obtaining money or property. State v. Renick, 33 Or. 584, 56 P

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 stafu

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

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

In equity practice. The showing an item in the debit of an account to be either wholly false or in some part erroneous. 1 Story, Eq. Jur. § 525. And see Phillips v. Belden, 2 Edw.