Bouvier's Law Dictionary and Concise Encyclopedia

To Invent; to devise falsely. Invent is sometimes used in a bad sense, but fabricate never in any other. To fabricate a story implies that it is so contrary to DICTIONARY ENCYCLOPE

in English Law. Lands given for the repair, rebuilding, or maintenance of cathedrals or other churches. It was the custom, says Cowell, for almost every one to give by will more or

In old European law, a contract or covenant Also, in the laws of the Lombards and Visigoths, a nuptial contract; a will. Burrill.

The outward appearance or aspect of a thing. The words of a written paper in their apparent or obvious meaning, as, the face of a note, bill, bond, check, draft, judgment, record,

A name formerly given to certain notes of some of the banks in the state of Connecticut, which were made payable in two years after the close of the war of 1812. President, etc., o

An exact copy or accurate Imitation of an original instrument In England, where the construction of a will may be affected by the appearance of the original paper, the court will o

An agent employed to sell goods or merchandise consigned or delivered to him, by or for his principal, for a compensation, commonly called factorage or commission. Pal. Ag. 13; Sto

The wages or allowances paid to a factor for his services; it is more usual to call this commissions.

A process for attaching effects of the debtor in the hands of a third party. It is substantially the same process known as the garnishee process, trustee process, process by foreig

A name given to legislative enactments in England and the United States designed to mitigate the hardships of the common-law rule governing dealings with factors, and especially wi

A building or group of buildings appropriated to the manufacture of goods, including the machinery necessary to the place where workers are employed In fabricating goods, wares, or

Laws enacted for the purpose of regulating the hours of work, and the sanitary condition, and preserving the health and morals, of the employes, and promoting the education of youn

The prices at which goods may be bought at factories, as distinguished from the prices of those bought in the market, after they have passed into the hands of third parties or shop

A deed; a man’s own act and deed. A culpable or criminal act; an act not founded in law. A deed: a written Instrument under seal: called, also, charta. Spelman, Glosp.; 2 Bla. Com,

In Canon Law. A license; an authority. For example, the ordinary, having the disposal of all seats in the nave of a church, may grant this power, which when it is delegated is call

See Advocates. granted dispensations. 4 Inst 337. See CoxniT OF THE Arches.

The portion brought by a wife to her husband, and which reverted to a widow In case the heir of her deceased husband refused his consent to her second marriage. Cyclopedic L. Diet

Approved men who were strong-armed. Subsequently the word seems to have been used in the sense of rich, and hence it probably passed into its later and common meaning of pledges or

A badge, worn in medieval times by persons who had recanted their heretical opinions, designed to show what they considered they had merited but had escaped. Cowell.

A terra applied to votes manufactured by nominally transferring land to persons otherwise dlsqnallfled from voting for members of parliament.

In Saxon Law. Great and open hostility which arose on account of some murder committed. The term was applied only to that deadly enmity in deference to which, among the Germans and

To leave unperformed; to omit; to neglect, as distinguished from refuse, which latter involves an act of the will, while the former may be an act of inevltaable necessity. Taylor v

In legal.parlance, the neglect of any duty may be a failure, and the commission of any fault a delinquency. When applied to a mercantile concern, it means an inability to meet its

See

A failure to olfer proof, either positive or inferential, to establish one or more of the many facts, the establishment of all of which is indispensable

A want of issue to take an estate limited over by an executory devise., Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed by the w

An expression used to denote the deprivation of a right or the loss of reparation for an injury as the result of the lack or inadequacy of a legal remedy. It is also colloquially a

The neglect to produce the record after having pleaded it. When a defendant pleads a matter and offers to prove it by the record, and the plaintiff pleads nul tiel record, a day is

The entire or partial loss of title suffered by a grantee or one who has contracted to purchase property, resulting from failure or inability of the grantor or vendor to pass a sat

The lapse'or Inability to execute a trust, whether from the legal Insufliclency or defective execution of the instrument creating it, the uncertainty of the object, or the lack of

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

A public mart or place of buying or selling. 1 Bla. Com. 274. A greater species of market, recurring at more distant intervals. Though etymologically signifying a marof agricultura

See Libel.

A reasonable degree of knowledge or measure of skill. Jones v. Angell, 95 Ind. 382.

Reasonably; justly; equitably. It is not synonymous with “truly,” and the latter should not be substituted for it In a commissioner’s oath to take testimony fairly. Language may be

A local Irregular tribunal which at one time existed in Pennsylvania. About the year 1769 there was a tract of country in Pennsylvania, situate between Lycoming creek and Pine cree

The name of a writ

A sale conducted with fairness as respects the rights of all parties affected. Lalor V. Mc Carthy, 24 Minn. 419. A sale at a price sufficient to warrant confirmation or approval wh

In a contract by a city to purchase a waterworks plant at “fair and equitable value,” the amount is to be determined not by capitalization of the earnings nor limited to the cost o

Used to indicate the middle and deepest or most navigable channel. See Thalweg.

Anything done. A deed lawfully executed. Comyns, Dig. Fait. See Fact. Femme de fait. A wife de facto.

A deed of bargain and sale, etc. 1 Keb. 668.

A term used In the law only in connection with the adjectives good and bad, as expressing the belief, intent, or purpose with which a transaction has been entered into or completed

See Conflict of Laws; Fobeign Judgments.

The pro- ble incumbrancer, purchase for value withtection given to such purchaser means that out notice would be no defense. from the relation subsisting between the two Prof. Ames

As respects temporal affairs, diligently, and without unnecessary delay; but it does not Includei the idea of impartiality. Den V. Thompson, 16 N. J. L. 72.

In French Law. A Judicial fact. One of the factors or elements constitutive of an obligation.

Idle persons; idle livers;

A term applied among the Mohammedans to a kind of religious ascetic or beggar, whose claim is that he "is in need of mercy, and poor in the sight of God, rather than in need of wor

In Spanish Law. The fourth portion of an inheritance, which legally belongs to the heir, and for the protection of which he has the right to reduce the legacies to three-fourth par

In Roman Law. A statute or law restricting the right of disposing of property by will, enacted by the people during the reign of Augustus, on the proposition of Falcidius, who was

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

A compensation paid by some customary tenants that they might have liberty to fold their own sheep on their own land. Cunningham, Law Diet. FALDI8D0RY. The bishop’s seat or throne

See Folc-Land..

In 8cotch Law. To loose. To fall from a right is to loose or forfeit it 1 Karnes, Eq. 228.

In 8panish Law. The final decree Or judgment given in a lawsuit.

In English Law. A quantity of land six ells square.

Land ploughed, but not sown, and left uncultivated for a time, after successive crops; land left untilled for a year or more.

In Old English Law. An unexplained term for some particular kind of land. Jacob, L. Dict. FALSA DEMONSTRATIO. In Civil Law. False designation; erroneous description of a person or

A person reckoned old enough to become a member of the decennary, and so subject to the law of frankpledge. Spelm. FALE8IA. In Old English Law. A hill or down by the sea-side. Co.

In the Civil Law. Counterfeit money. Cod. 0, 24.

In Old English Law. To counterfeit Bract, fol. 276 b. Falcarious, a counterfeiter.

Applied to the intentional act of a responsible being, it implies a purpose to deceive. State v. Smith, 03 Vt 201, 22 Atl. 604; 18 U. C. C. P. 19. In a statute prescribing punishme

See Feigned Action. FALSE AND PRETENDED PROPHE- 33 Hen. VIII. c. 14, 3 A 4 Edw. VI. c. 15, and 5 EUz. c. 15. These statutes, although unrepealed, are not likely to be enforced.

To personate the master or mistress of a servant or his or her representative and give a false character to the servant, is an offence punishable by fine, by 32 Geo. HI. c. 56. See

A claim made by a man for more than his due. An instance is given where the prior of Lancaster 'claimed a tenth part of the venison in corio as well as in came, where he was entitl

A collection of canon law, dated about the middle of the 9th century, probably by a Frankish ecclesiastic who called himself Isadon. It continued to be the chief repertory of the c

Any untrue assertion or proposition. A wilful act or declaration contrary to the truth. See Putnam v. Osgood, 51 N. H. 207. It has been said that the use of the term falsehood does

Any unlawful restraint of a man’s liberty, whether in a place made use of for imprisonment generally, or in one used only on the particular occasion, or by words and an array of fo

The name of a writ which lies when a false Judgment has been given in the county court, court baron, or other courts not of record. Fitzh. N. B. 17, 18.

When legal proceedings were conducted in Latin, if a. word were significant, though not good Latin, yet an Indictment, declaration, or fine should not he made void by it; but If th

Lights and signals falsely and maliciously displayed for the purpose of bringing a vessel into danger. Exhibiting false lights or signals, with intent to bring any ship into danger

Under a statute making it a misdemeanor “wilfully to make a false answer," an indictment clmrging that one “falsely and fraudulently answered,” is bad for omitting “wilfully;” 1 De

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 a

See Pebsona-

False representations and statements, made with a fraudulent design to obtain “money, goods, wares, and merchandise,” with intent to cheat, 2 Bouvier, Inst. n. 2308. A representati

A representation which is untrue, wilfully made to deceive another to his injury. See Deceit; Misbepbesentation; Fraud; False Pretences.

A return made by the truth, and injurious to one of the parties or some one having an interest in it In this case the officer is liable for damagfes to the party injured; 2 Esp. 47

In English Law. The misdemeanor committed by a person who swears falsely before any person authorized to administer an oath upon a matter of public concern, under such circumstance

A false document or sign of the existence of a fact, — in general used for the purpose of fraud. See 3 Term 98; 2 Starkle, Ev. 563; 1 Bish. Cr. L. 585; People V, Gates, 13 Wend. (N

One obviously opposed to the principles of right and justice. The false verdict of jurors, whether occasioned by embracery or not, was anciently considered as criminal, and, theref

Weights and measures which do not conform to those established by law. In the laws of King Edgar, nearly a century before the Conquest, we find an injunction that one measure kept

See Cbimen Falsi.

In Equity Praotjoe. The showing an item in the debit of an account to be either wholly false or in part erroneous. 1 Sto. Eq. Jur. § 525.

To prove that an item in an account before the court, which is Inserted to the debit of the person falsifying, should have been omitted. When a bill to open an account has been fil

A crime against public Justice punishable in England by 24 & 25 Viet c. 98, and by statute in the several states and District of Columbia. See Al-

A term sometimes used for reversing Judgments. See 4 Steph. Com. 553.

In Scotch Law. Protesting against a sentence and taking an appeal to a higher tribunal. Bell, Diet An action to set aside a decree. Skene. FALSO RETORNO BREVIUM (L. Lat). In Old En

A person guilty of forgery; a counterfeiter. FALSU8. Deceiving; fraudulent; erroneous. In the first two senses it is applied to persons in respect to their acts and conduct as well

A killer of reputation; a slanderer. FAMILIA (Lat). In Roman Law. A family. This word bad four different acceptations in the Roman law. In the first and most restricted sense It de

Persons of the king’s household. The ancient titles of the six clerks of chancery in England. 2 Reeve, Hist Eng. Law 249, 251.

Father, mother, and children. All the Individuals who live under the authority of another, including the servants of the family. Poor v. Ins. Co., 2 Fed. 482. All the relations who

An agreement made between a father and his son, or children, or between brothers, to dispose of property in a different manner to that which would otherwise take place. In these ca

A Bible containing a record of the births, marriages, and deaths of the members of a family. An entry by a father, made in a Bible, stating that Peter, his eldest son, was born in

Obligations incurred for something Intended for the use or comfort of the collection spoken of as the family, as distinguished from individual or personal expenses. Vose v. Myott,

See Family Ar- BANGEMENT; FAMILY MEETING.

A physician who regularly attends and is consulted by the members of the family as their medical adviser; but he need not attend in all cases or be consulted by all the members of

That use ordinarily made by and suitable for the members of a household whether as individuals or collectively. Spring Valley 'Water Works v. San Francludes the supply of gaols, ho

A religious enthusiast; a bigot; a person entertaining wild and extravagant notions, or affected by zeal or enthusiam, especially ^ upon religious subjects. The word was formerly d

In Spanish Law. A measure of land, which is not the same in every province. Diccionario de la Acad.; 2 White, Recop. 49. In Spanish America, the fanega consisted of six thousand fo