A Law Dictionary, Adapted to the Constitution and Laws of the United States

is an action; a thing done. It is either simple or compound. <A fact is simple when it expresses a purely material act unconnected with any moral qualifica-

in fact, in contradistinction to the thing being in law: it is applied to any thing actually done.

the wages or al- Pear paid to a factor for his services; it is more usual to call this commissions.

Scotch law, is equivalent to ability or power.

commercial law, signifies the situation of a debtor who finds himself in the of arene pac paying his debts. Louis. Code, art 3522, No. 15. See Insolvency; Insolvent; Bankrupt.

pleadtng, practice. When a record is pleaded, and the plaintiff replies nul it, if he fail to do it, then he is said to fail of record, and the plaintiff shall have judgment to rec

torts. It is any illegal imprisonment, without any process whatever, or under colour of process wholly illegal, without regard to any question whether any crime has been committed

Token, and 2 Stark. Ev. 563. 7 FALSEHOOD is a wilful act or declaration contrary to truth. It is by words. It is wilful when ‘the owner of a thing sells it twice, by different cont

This term has been used to signify an agreement made between a father and his son, or between brothers, to dispose of property in a different manner to that which would otherwise t

is a bible containing an account of the births, marriages, and deaths of the members of a family. An entry by a father made in a bible stating that é Peter his eldest son was born

PUTATIVE. Vide Putative father.

contracts, Engl. luw. When the lord upon the creation of a tenancy reserves to himself and his heirs, either the rent for which it was before let to farm, or at least one-fourth pa

practice, is an action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. Ina feigned action the words of the writ are true; it

practice, is an issue brought by consent of the parties, or the direction of a court of equity, or such courts as possess equitable powers, to determine before a jury some disputed

criminal law, a ceased must have had the will and intention of committing it, else he committed no crime. As he is beyond the reach of human laws, he cannot be punished; the Englis

crimes, ore convicted and sentenced for afelony. A felon is infamous and cannot fill any office or become a witness in any case, unless pardoned, except in cases of absolute necess

pleudings; this is a technical word which must be introduced into every indictment for a felony, charging the offence to have been committed feloniously, no other word, nor any cir

crimes, is an offence which occasions 4 total forfeiture of either lands or goods or both at common law; and to which capital or other punishment may be superadded according to the

A married woman. Coverture subjects a feme covert to some duties and disabilities, and gives her some rights and immunities to which she would not be entitled as a feme sole. These

A married woman who trades and deals on her own account, independently of her husband. By the custom of London a feme covert beinga sole trader, may sue and be sued in the city cou

Of a wild nature. This term is used to designate animals which are not usually tamed. Such animals belong to the person who has captured them only while they are in his power; for

This word, in Scotland, signifies a combination of kindred to revenge injuries or affronts done t any of their blood.. ' life-rent. Ersk. Pr. of L. Scot. 2,t. 9, s. 23.

in practice, is an order of a judge, or of an officer, whose authority to be signified by his signature, is necessary to authenticate the particular acts.

is the assumption that a certain thing is true, whether it be so or not. Fictions were invented by the Roman pretors, who, not possessing the power to abrogate the law, were nevert

practice, are suits brought on pretended rights. They are sometimes brought, usually on a pretended wager, for the purpose of obtaining the opinion of the court on a point of law.

In its origin, a fief was a district of country, allotted to one of the chiefs who invaded the Roman empire, as a stipend or reward; with a condition annexed that the possessor sho

are numerals. They are either Roman, made with letters of the Alphabet, for example, MDCCLXXVI; or they are Arabic, as follows, 1776. Roman figures may be used in contracts and law

practice, a thread, a 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. The

civ. law, is the descent of son or daughter with regard to her father and his ancestors.

A mare not more than one year old. Russ. & Ry. 416; Ib. 494. FILUM AQU 4, thread or middle of a water course, (q. v.)

that which puts an end toathing. It is used in opposition to interlocutory; as, a final judgment, is a judgment which ends the controversy between the parties litiant.

is one who lawfully comes to the possession of another’s personal property, which was then lost. The finder is entitled to certain rights and liable to duties which he is obliged t

This word has various significations. It is employed, 1, to mean a sum of money, which by. judgment of a competent jurisdiction, is required tobe paid for the punishment of an offe

in criminal law, is a pecuniary punishment imposed by a lawful tribunal, upon a person convicted of crime or misdemeanor. See Shep. Touchs. 2; Bac. Abr. Fines and Amercements. The

is a contract by which the insurer, in consequence of a certain premium received by him, either in a gross sum or by annual payments, undertakes to indemnify the insured against al

civil law. The treasury of a prince. The public treasury. Hence to confiscate a thing, is to appropriate it to the fisc.

what belongs to the fisc or public treasury. - FISH, an animal which inhabits the water exclusively. Fishes in rivers and in the seaare animals fere nature, and consequently no one

punishment, Engl. law, a place of running water, where the tide or float comes up. A prison in a pr London so called from a river or ditch which was formerly there, on the side of

The title of an ancient law-book, supposed to have been written by a judge who was confined in the Fleet prison. It is written in latin, and is divided into six books.

The name of one of the territories of the United States of America. It was purchased from Spain by treaty between the United States and Spain, executed at Washington on the twenty-

comm. law, a denomination of money, of the United Netherlands. It is computed in the ad volorem duty upon goods, &c. at the rate of forty cents. Act of March 2, 1799, s. 61, 1 Stor

a measure of length, containing one-third ofa yard, or twelve inches.

contracts, is ‘thé act by which a creditor waits for the payment of the debt, due him by the debtor, after it has become due. When the creditor agrees to forbear with his debtor, t

in Louisiana, are those persons whom the testator or donor, cannot deprive of the portion of his estate reserved for them by law, except in cases where he has a just cause to disin

Vide Attachment..

com. law. The money of foreign nations. Congress have, from time to time, regulated the rates at which certain foreign coins should pass. The acts now in force are the following. T

Aliens, persons born in another country than the United States, who have not been naturalized. 1 Pet. R. 349. Vide 8 Com. Dig. 615, and the articles Alien, Citizens.

ectdence, remedies. A judgment rendered in a foreign state. The subject will be considered with regard, 1st, to the manner of proving such judgment; and, 2dly, its efficacy. 1. For

An officer of the court who is expelled the same, is, in the English law, said to be forejudged the court. Cunn. Dict. h. t.

crim. law. Every practice or device, by act, conspiracy, words, or news, to enhance the price of victuals or other provisions. 3 Inst. 196; 3 Bac. Ab. 261; 1 Russ. Cr. 169; 4 Bi. C

English law; when a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath that he is not worth five pounds, and bringing a certificate fr

old Engl. law. The writ of formedon is nearly obsolete, it having been superseded by the writ of ejectment. Upon an alienation of the tenant in tail, by which the estate in tail is

crim. law, is the unlawful carnal knowledge of an unmarried person with another, whether the latter be married or unmarried; when the party is married, the offence as to him or her

taken before hand. This word is sometimes, though but seldom, used in leases and conveyances, implying an exception or reservation.. Forprise, in another sense, is taken for any ex

pleading. Itisa maxim in law, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of latin “‘ quod cum,

When a thing is to be done forthwith, it seems that it must be performed as soon as by reasonable exertion, confined to that object, it may be done. This is the import of the term;

signifies jurisdiction, a court of justice, a tribunal. The French divide it into forum exterior which is the authority which human justice exercises on persons and property, to a

tn contracts, is a person who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a compensation from the owners, but who has no

a new born child abandoned by its parents, who are unknown, and found by another. The settlement of such a child is in the place where found.

English law, a French word which means to fork. Formerly when an action was brought against two, who, being {jointly concerned, were not bound to answer till both appeared, and the

med. jur., is the unborn child. The name of embryo is sometimes given to it, but although the terms are occasionally used indiscriminately, the latter is more frequently employed t

signifies, in arithmetic and algebra, a combination of numbers representing one or more parts of a unit or integer; thus fourfifths is a fraction, formed by dividing a unit into fi

comm. law. The name ofa French coin. Five franc pieces when not of less fineness than ten ounces and sixteen pennyweight in twelve ounces troy weight of standard silver, and weighi

This word has several significations; 1, it is a right reserved to the people by the constitution, hence we say the elective franchise, to designate the right of the people to elec

free. This word is used in composition, as frank-almoign, frank-marriage, frank-tenement, &c.

old Engl. law. ‘This is a law French word signifying tree-alms. Formerly religious corporations, aggregate or sole, held lands of the donor, to them and their successors forever in

English law, takes place, according to Blackstone, when lands are given by one man to another, together with a wife who is daughter or kinswoman of the donor, to hold in frank-marr

crim. law, he who kills his brother or sister. The crime of such a person is also called fratricide.

TO DEFRAUD, torts. unlawfully, designedly, and knowingly, to appropriate the property of another, without a criminal intent. Illustrations, 1. Every appropriation of the right of p

As the French system of weights and measures is the most scientific plan known, and as the commercial connexions of the United States with France are daily increasing, it has been

Engl. law, is an earnest pursuit of the offender, when a robbery has been committed, without ceasing, until he has been arrested or discovered. Toml. Law Dict. - f.

in the civil law, was a slight dissention between husband and wife, which produced a momentary separation, without any intention to dissolve the marriage, in which it differed from

This name was sometimes anciently given to an outlaw.

med. jurts. The same as impotence, (q. v.)

property, the production of trees and other plants. Fruit is considered real estate before it is separated from the plant or tree on alty, and may be the subject of larceny: it the

is one who has escaped from the service of his master. The constitution of the United States, art. 4, s. 2, 3, directs that “no person held to service or labour in one state, under

office, is properly Rawle, 64. It seems doubtful whethe occupation of an office, by the ther the husband can call upon the performance of its duties; the officer separate personal

One who is ' Vide 2 Bl. Com. 508; Godolph. in office or in some public employ- p- 2; 3 Atk. 249; Off. Ex. 174; 3 ment. Bac. Ab. 85; Vin. Ab. ht. -