Black's Law Dictionary

Fresh force, (g. v.)

In old English law. A fortified place; a castle; a bulwark. Cowell; 11 Hen. VII. c. 18.

Lat. Stronger. A term applied, in the law of evidence, to that species of presumption, arising from facts shown in evidence, which is strong enough to shlft the burden of proof to

See A Fortiori.

Lat. Strong. Fortis et sana, strong and sound; staunch and strong; as a vessel. Townsh. PL 227.

A place or port of seme strength; a little fort. Old Nat Brev. 45.

In French law. Accidental; fortuitous. Cos fortuit, a fortnitous event Fortuitment, accidentally; by chance.

Accidental; undesigned; adventitious. Resulting from unavoidable physical causes. —Fortuitous collision. In maritime law. The accidental running foul of vessels. Peters v. Warren I

In maritime law. The accidental running foul of vessels. Peters v. Warren Ins. Co., 14 Pet. 112, 10 L. Ed. 371.

In the civil law. That which happens by a cause which cannot be resisted. An unforeseen occurrence, not caused by either of the parties, nor such as they could prevent. In French i

Lat. Fortune; also treasure-trove. Jacob.

They make fortune the judge. Co.. Litt. 107. Spoken of the process of making partition among coparceners by drawing lots for the several purparts.

In English law. Persons pretending or professing to tell fortunes, and punishable as rogues and vagabonds or disorderly persons. 4 Bl. Comm. 62.

In old English law. A tournament or fighting with spears, and an appeal to fortune therein.

In land laws and conveyancing, in those regions where grants, transfers, and deeds are made with reference to the subdivisions of the government survey, this term means forty acres

In old English forest law. The court of attachment in forests or wood-mote court

Lat. A court of justice or judicial tribunal; a place of jurisdiction ; a place where a remedy is sought; a place of lltigation. 3 Story, 347. In Roman law. The market place, or pu

The forum of the act. The forum of the place where the act was done which, is now called in question.

The forum or tribunal of conscience.

A contentious forum or court; a place of litigation; the ordinary court of justice, as distinguished from the tribunal of conscience. 3 Bl. Comm. 2ll.

The forum of the contract ; the court of the place where a contract is made; the place where a contract ls made, considered as a place of jurisdiction. 2 Kent, Comm. 463.

A domestic forum or tribunal. The visitatorial power is called a "forum domesttcum," calculated to determine, sine strepitu, all disputes that arise within themselves. 1 W. Bl. 82.

The forum or court of the domicile ; the domicile of a defendant, considered as a place of jurisdiction. 2 Kent, Comm. 463,

An ecclesiastical court The spiritual jurisdiction, as distinguished from the secular.

The forum of defendant's allegiance. The court or jurisdiction of the country to which he owes allegiance.

The court of one's nativity. The place of a person's birth, considered as a place of jurisdiction.

The king's court. St. Westm. 2. c. 43.

This term may mean either (1) the forum of the defendant, that is, of his residence or domicile; or (2) the forum of the res or thing in controversy, that is, of the place where th

The forum or court of a res gesta, (thing done;) the place where an act is done, considered as a place of jurisdiction and remedy. 2 Kent, Comm. 463.

The court where the thing in controversy is situated. The place where the subject-matter in controversy ls sifuated, considered as a place of jurisdiction. 2 Kent, Comm. 463.

A secular, as distinguished from an ecclesiastical or spiritual, court.

In old records. A long slip of ground. Cowell.

One who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a compensation from the owners, having no concern in the vessels or w

In the civil law. A ditch ; a receptacle of water, made by hand. Dig. 43, 14, 1, 5. In old EngUsh law. A ditch. A pit full of water, in which women committing felony were drowned.

In old English law. The duty levied on the inhabitants for repairing the moat or ditch round a fortified town.

In old English law. Fosse-work; or the service of laboring, done by inhabitants and adjoining tenants, for the repair and maintenance of the ditches round a city or town, for which

A dyke, ditch or trench; a place inclosed by a ditch; a moat; a canui.

A small ditch. Cowell.

One of the four ancient Roman ways through England. Spelman.

An ancient custom in Ireland, in which persons put away their children to fosterers. Fostering was held to be a stronger alliance than blood, and the foster children participated i

Land given, assigned or allotted to the finding of food or victuals for any person or persons; as in monasteries for the monks, etc. Cowell; Blount.

The remuneration fixed for the rearing of a foster child; also the jointure of a wife. Jacob.

In Hindu law. Under the Mogul government a magistrate of the police over a large district, who took cognizance of all criminal matters within his jurisdiction, and sometimes was em

In Hindu law. A tribunal for administering criminal law.

The founding or building of a college or hospital. The incorporation or endowment of a college or hospital is the foundation; and he who endows it with land or other property is th

The act or offense of breaking a pound, for the purpose of taking out the cattle or goods impounded. 3 Bl. Comm. 12,146; State v. Young, 18 N. H. 544.

Based upon; arising from, growing out of or resting upon; as in the expressions "founded in fraud," "founded on a consideration," "founded on contract," and the like. See In re Gra

The person who endows an eleemosynary corporation or institution or supplies the funds for its establishment. See Foundation.

Founderous; out of repair, as a road. Cro. Car. 366

A deserted or exposed infant; a chlld found without a parent or guardian, its relatives being unknown. It has a settlement in the district where found. —-Foundling hospitals. Chari

Fr. In old French law. An oven or bake-house. Four tanal, an oven, owned by the seignior of the estate, to which the tenants were obliged to bring their bread for baking. Also the

Fr. To fork. This was a method of delaying an action anciently resorted to by defendants when two of them were joined in the suit Instead of appearing together, each would appear i

The face of a written instrument. That which is contained on the face of a deed (without any aid from the knowledge of the circumstances under which it is made) is said to be withi

A form of soclallsin. See 1 Mill, Pol. Ec. 260.

The seas surrounding England. These were divided into the Western, including the Scotch and Irish; the Northern or North sea; the Eastern, being the German ocean; the Southern, bei

Such fowls as are preserved under the game laws in warrens. According to Manwood, these are partridges and pheasants. According to Coke, they are partridges, rails, quails, woodcoc

In English law. This was the statute 52 Geo. III. c. 60, which secured to juries, upon the trial of indictments for libel, the right of pronouncing a general verdict of guilty or n

In Fr. Faith; allegianco; fidelity.

A Latin abbreviation for "fragmentum," a fragment, used in citations to the Digest or Pandects in the Corpus Juris Civilis of Justinian, the several extracts from Juristic writings

Lat. A breaking; division; fraction; a portion of a thing less than the whole.

A breaking or breaking up; a fragment or broken part; a portion of a thing, less than the whole. Jory v. Palace Dry Goods Co., 30 Or. 196, 46 Pac. 786. —Fraction of a day. A portio

As applied to tracts of land, particularly townships, sections, quarter sections, and other divisions according to the government survey, and also mining claims, this term means th

Lofft, 572. The law does not take notice of a portion of a day.

A portion of a day. The dividing a day. Generally, the law does not allow the fraction of a day. 2 Bl. Com 141.

Arable land. Mon. Angl.

Lat The breaking or wreck of ships; the same as naufragium, (q. v.)

Lat Fragments. A name sometimes applied (especially in citations) to the Digest or Pandects in the Corpus Juris Civilis of Justinian, as being made up of numerous extracts or "frag

Fr. Expense; charges; costs. Frais —Frais de justice. In French and Canadian law. Costs incurred incidentally to the action. —Frais jusqu'a bord. Fr. In French commercial law. Expe

In French and Canadian law. Costs incurred incidentally to the action.

Fr. In French commercial law. Expenses to the board; expenses incurred on a shipment of goods, in packing, cartage, commissions, etc., up to the point where they are actually put o

A French coin of the value of a little over eighteen cents.

In French feudal law. An allod; a free Inheritance; or an estate held free of any services except such as were 4oe to the sovereign.

A freeman. Chart. Hen. IV. A free tenant Speiman.

A special privllege conferred by government upon an individual or corporation, and which does not belong to the citizens of the country generally, of common right. It is essential

See Franchise.

France, Bract, fol. 427b.

A man born in France. A designation formerly given to aliens in England.

L. Lat. Free; a freeman; a Frank. Spelman. —Franens bancus. Free bench, (q. v.) — Francus homo. In old European law. A free man. Domesday. —Francus plegius. In old English law. A f

In old European law. A free man. Domesday.

In old English law. A frank pledge, or free pledge. See Frank-Pledge.

A freeholder. See Frank-Tenement.

Free bench, (q. v.)

In old English law. Free bench. Litt. § 166; Co.. Litt. 110b. See Free Ben ch.

In English law. A species of estate held in socage, said by Britton to be "lands and tenements whereof the nafure of the fee is changed by feoffment out of chivalry for certain yea

adj. In old English law. Free. Occurring in several compounds. —Frank-almoigne. In English law. Free alms. A spiritual tenure whereby religious corporations, aggregate or sole, hel

In English law. Free alms. A spiritual tenure whereby religious corporations, aggregate or sole, held lands of the donor to them and their successors forever. They were discharged

A liberty of free cbase enjoyed by any one, whereby all other persons having ground within that compass are forbidden to cut down wood, etc., even in their own demesnes, to the pre

Freehold lands exempted from nil services, but not from homage; lands held otherwise than in ancient demesne. That which a man holds to himself and his heirs, and not by such servi

In old English law. Free-fold; a privilege for the lord to have all the sheep of his tenants and the inhabitants within his seigniory, in his fold, in his demesnes, to manure his l

The privilege of sending certain matter through the public mails without payment of postage, In pursuance of a persenal or official privllege,

An obsolete expression signifying the rights and privileges of a citizen, or the liberties and civic rights of a freeman.

(spelled, also, "Francling" and "Franklin.") A freeman; a freeholder; a gentleman. Blount; Cowell.

A species of entailed estates, in English law, now grown out of use, but still capable of subsisting. When tenements are given by one to another, together with a wife, who is a dau

In old English law. A pledge or surety for freemen; that is, the pledge, or corporate responsibility, of all the inhabitants of a tithing for the general good behavior of each free

A freeholder. Litt. § 91.

A free tenement, freeholding, or freehold. 2 Bl. Comm. 6l, 62, 104; 1 Steph. Comm. 217; Bract, fol. 207. Used to denote both the tenure and the estate.

A misrepresentation or concealment of some fact that is materini to the contract, and had the truth regarding which been known the contract would not have been made as made, is cal

It is a fraud to conceal a fraud. 1 Vern. 240; 1 Story, Eq. Jur. §§ 389, 390.

Fraud is odious, and not to be presumed. Cro. Car. 550.

Fraud and deceit should defend or excuse no man. 3 Coke, 78; Fleta, llb. 1, c. 13, § 15; Id. lib. 6, c. 6, § 5.