A New Law Dictionary and Glossary

Lat. In old pleadings and records. To forge. Fabricavit et contrafecit; he forged and counterfeited. 2 Ld. Baym. 1462. 1 Salk. 342. Falsum factum fabricavit; he forged a false deed

In Eng Ush law. Lands given towards the maintenance, rebuilding or repairing of cathedral and other churches. Cowell. Blount. So called because given ad f abricam ecclesics reparan

Lat. In old European law. A contract or covenant. Used in the laws of the Lombards and Visigoths, to denote a nuptial contract, and a will; (fabula nuptiales seu testamentales.) Sp

Lat. [Fr. fairs.] To do, to make, to act; to cause (a thmg to be done.) An important word formerly in the language of writs and contracts, and the general language of the law. See

Lat. [from /a«r«, q. v.] You cause. An emphatic word in various writs, as of venire facias, fieri facias, scire facias, (qq. v.) Hence selected to express their names.

Lat. [from facere, (q. v.); L. Fr. fesaunt.] Doing, making or paying. One of the apt words of reserving a rent, used in ancient deeds. Co. Litt. 47 a. Applied usually to those serv

Lat. The face, outward appearance or color of a thing; the inspection or view of a thing. Prima fades; the first face or appearance. Prima facie; on the first view or color, (at fi

Lat. (I do that you may give.) In the civil law. A form of words used to express that kind of contract where a man agrees to do a thing for a price or thing to be given him by anot

Lat. (I do that you may do.) In the civil law. Words used to express that kind of contract where a person agrees to do some act for another, if the other will do some other act for

Lat. [from facere, q. v.] In old English law. He does or acts; it makes, or contributes to establish. Ad idem facit; it makes to the same thing; it goes to establish the same point

[Fr. condition en fait.] A condition expressed in a deed, (as a feoffment, lease, or grant,) in plain words, or legal terms of law. Cowell. Co. Litt. 201 a. See Condition expressed

[L.Lni. factum, q. v.] A thing done; a circumstance, event or occurrence. This word was anciently used almost exclusively as the synony me of act or deed; e. g. "accessary before a

Lat. (pi. of factum, q. v.) In old English law. Deeds. Facta armorum; deeds or feats of arms, that is, jousts or tournaments. Cowell, Facts. Facta et cants; facte and cases. Bract,

Lat. [from facere, q. v.] In old English law. A doing. Anciently applied to services done by a tenant. Bract. fol. 35 b.

Lat. In the civil law. The right, power or capacity of making a will; called factio activa. Inst. 2. 10. 6. Id. 2. 19. 4. Cooper's notes *488. The right or capacity of taking by wi

Lat. (abl. of factum, q. v.) In fact; by an act; by the act or fact. Ipso facto; by the act itself; by the mere effect of a fact, without any thing superadded, or any proceeding up

In mercantile law. A mercantile or commercial agent, who buys and sells goods for others on commission.* 2 Ken Cs C<ym. 622. Otherwise called a commission merchant, and a consignee

The tiilowance or commission paid to a factor by his principal. Russell on Factors, 1. Tomlins.

Lat. [from facere, to do, to make; L. Fr. fait, q. v.] A thing done; an act or deed. Occultum factum; a secret act. Bract. fol. 187 b. Initium facti; the beginning of the deed. Id.

Lat. A culpable act; a fault. Sine facto hcsredia; without fault of the heir. Inst. 2. 20. 16. An unlawful act; an act not founded in right or law; a wrongful act. See Ex facto, De

Lat. Fact, as distinguished from law, Facti non juris. Dig. 41. 2. 1. 3. A fact. Facta et casus. Bract, fol. 1 b. Factum probandum; a fact to be proved, the principal fact in a cas

Lat. In old English law. A deed; [a thing done in writing;] a conveyance or other written instrument, under seal, formerly otherwise termed eharta, and by the civilians literarum o

Lat. In old European law. A portion or allotment of land. Spelman.

[Lat. facultas.] Power or ability. In Scotch law. A power founded on consent, as distinguished from a power founded on property. 2 Kames' Equity, 265. In English ecclesiastical law

Lat. [Sax. feederfeh; from feeder, father, and feh, a gift.] In old European law. A gift or portion which a woman's father or brother gave her on her marriage. Spelman. LL. Longob.

Feida. L. Lat. [Germ. fehrde, feud; Sax. fah, enmity; fah, a foe.] In old European law. A combination of kindred, to revenge the death of any of their blood against the killer and

In practice. The failure to produce a reconi, after pleading it.* Where a defendant pleads any matter of record, and offers to prove it by the record, and the plaintiff denies that

[L. Lat. falsa placitatio.] In old practice. A fraudulent, false, or collusory manner of pleading, to the deceit of a third person. Termes de la ley. Stat. 34 & 35 Hen. VIII. c. 24

[Fr. feire, feyre; Lat. ferim nund%WB7[ A larger sort of market instituted iu England for the greater convenience of domestic trade and commerce, and held at certain times of the y

Fr. [Lat. facere.] To make or do. Faire sa ley; to make his law. Britt. c. 27. Faire satisfaccion. Id. c. 110. Faire gree; to make satisfaction. Id. c. 75. To do, or commit. Sauns

See Beaupleader.

In Scotch law. A solemn pledge; an oath. " To make faith " is to swear with the right hand uplifted, that one will declare the truth. 1 Forbes* Inst. part 4, p. 235. This phrase se

Fr. Evil doers; idle persons; vagabonds or vagrants. Stat. 7 Ric. II. c. 5. Term^ de la ley. Blount.

Lat. [from falcare, a scythe.] 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. K

In Roman Jaw. The Falcidian law. Inst. 2. 22. See Folcidian Law.

[Lat. Lex Falcidia.] In the civil law. A law enacted on motion of Publius Falcidius, tribune of the people, A. U. C. 714, by which a testator was forbidden to give more, in legacie

In the civil law. That portion of a testator's estate which by the Falcidian law (q. v.) was required to be left to the heir, amounting to at least one-fourth. Hallifax Anal. b. 2,

Lat. [Sax. fald, an enclosure.] In old English law. A sheepfold, (ovile.) Cowell. Spelman. A place in which any animals were shut up. Id. The liberty of faldage, (q. v.) Id. FALDAE

[L. Lat. faldagium, from falda, q. v.] In old English law. Foldage; the privilege of setting up and moving about in a field a fold, (i. e. a moveable pen for sheep,) for the purpos

Lat. [from falda, q. v.] In old English law. A flock or fold of sheep. Cowell.

Sax. [from fald, a fold, and feh, a fee.] A fee or rent paid by a tenant to his lord, for leave to fold his sheep on his own ground. Blount. See Falda.

Sax. [from fald, fold, and soc, liberty.] The liberty or privilege of foldage. See Faldage.

Faldwrithi. Sax. [from fald, a station, or fixed abode, and wurthi, worthy.] In Saxon law. A person of proper age to be fixed in some certain decennary or friburg. Spelman. FALERAE

Lat. In old English law. A hill, or down by the sea side. Co. Litt. 6 b. Domesday.

Lat. In the civil law. False designation; erroneous description of a person or thing in a written instrument. Inst. 2. 20. 30. 1 Mackeld. Civ. Law, 169, § 175. See Demonstratio. Fa

Lat. [from falsus, q. v.] In old English law. To counterfeit. Quia falsavit sigillum; because he counterfeited the seal. Bract. fol. 276 b. Falsarius; a counterfeiter. Towns. Pl. 2

See Faint action.

in the forest law, was where a man claimed more than his due, and was amerced and punished for the same. Manwood, c. 25. Tomlins.

[L. Lat. falsum imprisonamentum.] A trespass committed against a person, by arresting and confining or imprisoning him without sufficient authority, as by doing so without some law

[L. Lai. falsum judidum; breve defalso judicio.'\ In English law. A writ which lies to the courts at Westminster to reverse the judgment of some inferior court not of record. 3 BL

In old practice. Ungrammatical Latin. Before the statute directing law proceedings to be in English, if a Latin word was significant, though not true or good Latin, yet an indictme

In criminal law. The offence of falsely personating another, or representing one's self to be another person, and acting in such assumed character, either with the view of obtainin

In practice. An untrue return made to process by the officer to whom it was delivered for execution; as that the party could not he found, when he might have been taken, or that he

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's Eq. Jur, § 625.

[L. Fr. fauxer; L. Lat. falsare, falsificare, falsum facere.] To prove false; to avoid or defeat. Perk. 383. Litt. sect. 149. Co. Litt. 104 b. 1 Co. 62 b. To reverse or avoid, as a

In Scotch law. An appeal, or the proceedings on an appeal. The proving the injustice, /a^7y, or error of the doom, or sentence of a court. Tomlins. Jacob.

In old English law. A counterfeiter; a maker of false or spurious money. Falsonarii. Bract, io\. 117.

Breve de. L, Lat. A writ which formerly lay against the sheriff who had execution of process, for false returning of writs. Reg, Jud. 43 b.

Lat. False, erroneous; fraudulent. Applied to persons and things. Falsus in uno, falsus in omnibus. False in one thing, false in every thing. Story, J., 1 Sumner's R. 329, 356. Whe

Lat. Fame; character or reputation. See Famosus. Fame; report. Fama patria; fame of the country; report or common opinion, upon which a man might anciently be indicted. Bract. foL

Lat. In the Roman law. A family, consisting of the servants (famuli) belonging to one common master. This was the ancient and proper sense of the term.* Calv. Lex, Jur. See Dig, 60

Lat. In old English law. A family or household, including servants, that is, hired persons {merceruxrii or conductitii,) as well as bondmen, and all who were under the authority of

Lat. Persons of the king's household. The ancient title of the "Six Clerks" of chancery in England. Crahb's Hist. 184. 2 Beeves* Hist. 249, 251. Familier de la chauncery. Kelham.

Lat. [from /awwi, character.] Relating to, or aflfecting character or reputation; defamatory, slanderous. Cooke* s Law of Defamation, 483, Appendix, No. II. See Libellus famosus, L

Lat. In old English law. The fawning season, or fence month {mensis fanationis,) in forests. Kennetfs Gloss,

In Scotch law. A merchant stranger. Skene de Verb, Sig. cited in Cowell. Spelman gives the word faramannus, from the laws of the Burgundians, (tit. 64, § 2,) and derives it from Sa

[L. Lat. fardella, ferdella; from Sax. feortha, fourth, and del or dal, a part.] In old English law. The fourth, (or, according to some, the eighth) part of a yard-land. Cowell. Bl

Fardingdel, Fardingel, Fardindel, Farthindel, Farundel. (L, Lat. quadrantata terra.] In old Engish law. The fourth part of an acre. Cowell. But Spelman considers it to be the same

Lat. In old European law. A mill. Spelman.

Sax. [from far, a way. and stal, a stall or stopping.] A stopping or obstruction of ways. Domesday. Hence forestall, (q. v.) Spelman.

Farleu. In English law. Money paid by tenants in lieu of a^herioL Cowell. Blount. Sometimes written Farlief. 4 Ad. d El. N. S. 408. See Heriot, FARLIEF; ^^ Farley.

Feartne, Ferm, Firm. [L. Lat. firma; L. Fr. fermt; from Sax. fearme, feomiet food or provisions.] In English law. The rent of land held under lease, anciently reserved and paid in

(anciently FERMOR.) [L. Lat. firmarius; L. Fr. fermtr, qq. v.] In English law. One who held or hired lands for a term, (ad firmjam^ on payment of a rent; (prmdii conductor.) 2 Bl,

Lat. Right, justice; the divine law. 3 Bl, Com, 2. Oalv, Lex. Jur,

Fastermannes, In Saxon law. Sureties or securities; bondsmen. LL. Edw, Cmf, o. 39, cited in Spelman, See Fastingmen.

(pi. of Fastus, lawful.) Lat. In the Roman law. Lawful. Dies fasti; lawful days; days on which justice could lawfully be administered by the prsetor. See Dies Fasti.

Fasting-men. In Saxon law. Pledges, sureties or bondsmen, which by custom were fast bound to answer for one another's peaceable behaviour. Cowell. Ducange renders it vassals. Id. i

Lat. [from/atow,q.v.] Fatuity, idiocy. Eeg. Orig, 266. Folly. Bract, fol. 99 b.

[Lat. fatuitas.J Idiocy. Stock on Non Compotes, Introd. 4 — 6.

Lat. Fate; a superhuman power; an event or cause of loss, beyond human foresight or means of prevention. See Damnum fatale,

Lat. An idiot or fool. Bract, fol. 420 b. Fatuus et idiotcu Beg, Orig, 266. Foolish; absurd, indiscreet or ill considered. Fatuum judicium; a foolish judgment or verdict. Bract, fo

See Culpa,

Fr. A forger, or counterfeiter. I>e fauseours de seals, et de monoye. Britt. c. 4.

Lat. [from favere, to favor.] In old English law. A favorer, or supporter of others; an abettor. Cowell. Jacob. One who encouraged resistance to the execution of process. Stat. Wes

Falx, Fause, Faix, L. Fr. False; counterfeit. Faux action; a false action. Litt. sect. 688. Faux money; counterfeit money. Stat. Westm. 1, c. 15. Faux peys; false weights. Britt. c

Fauser, Faueher. L. Fr. To falsify; to forge or counterfeit. Fauxer le seal le roy. Stat, Westm, 1, c. 15.

Lat. In old Eng. lishlaw. A wood, or ground that is woody. Co. Liu. 4 b. Shep. Touch. 95. Blount considers it a corruption of fraxinetum, a wood where ashes grow.

Lat. In the cml law. Nautical or maritime interest. An extraordinary rate of interest, agreed to he paid for the loan of money on the hazard of a voyage; sometimes called ueura mar

[L. Fr. feau Ui; L. Lat. fidelitas,'] In feudal and English law. Fidelity; the feudal obligation by which the tenant or vassal was l^und to his lord, to \i^ faithful and true to hi

Fr. To make. Kelham. See Faire.

Sax. Food, provisions; a feast or entertainment; (Lat. dbus, alimenturn, coma.) Fearme sillan; to give food. LL. Canut. par. 2, c. 68, cited Spelman, voc. Firma. See Farm, Feorme.

Faisance. L. Fr. [from faire, to do.] A doing; the doing of an act. See Malfeasance, Misfeasance, Nonfeasance. A making; the making of an indenture. Litt. sect. 371.

Faisant, Fesaunt. L. Fr. [from faire, to do.] Doing.

Lat. An order of priests or heralds among the Romans, whose office was to declare war and make peace. Calv, Lex, Jur. 1 Kent's Com, 6. Brands.

The law relating to declarations of war and treaties of peace among the Romans. So called from the feciales, (q. v.) who were chained with its execution.*' 1 Kent's Com. 6.

[from Lat. foedus, a league or treaty.] Founded upon, or formed by a league, treaty, or compact between independent states. The government of the United States is a federal governm

[L.Yr.feeferme; L.Lat. feodi firma; literally, the farm of a fee.] In English law. Land held of another in fee, in consideration of an annual rent, and without homage, [fealty,] or

The rent reserved on granting lands in fee farm; the amount of which must have been at least one fourth of th« value of the lands at the time of its reservation. Co, Litt, 148 b. I

[L. Lat. feodum simplex.] A pure fee; an absolute estate of inheritance; that which a person holds inheritable to him and his heirs forever. Litt. sect. 1. Co. Litt. 1 b. 2 Bl. Com

[L. ¥r.fee taille; L. Lat. feudum talliatum; from Fr. tailler, to cut.] A limited or restrained fee; hterally a cut fee. An estate of inheritance limited and restrained to some par