The Cyclopedic Law Dictionary

In old English law. The making or coining of money. Mem. in Scacc. H. 12 Edw. I. FABRICARE (Lat.) To make. Used of an unlawful making, as counterfeiting coin (1 Salk. 342), and als

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 formal agreement; but particularly used in the Lombardic and Visigothic laws to denote a marriage contract or a will. Spelman.

The face of an instrument is that which it shows without extrinsic explanation. FACERE (Lat.) In civil law. To do; to make. A word of very comprehensive signification. Dig. 50. 16.

In Scotch law. Easily persuaded; easily imposed upon. Bell, Diet.

In Scotch law. Pliancy of disposition. Bell, Diet.

Guilt makes equal those whom it stains. FAC 10 UT DES (Lat. I do that you may give). A species of contract which occurs when a man agrees to perform anything for a price either spe

In England, where the construction of a will may be affected by the appearance of the original paper, the court will order the probate to pass in fac simile, as it may possibly hel

In ol4 English lawv Deeds. Facta armorwm, deeds or feats of arms; that is, jousts or tournaments. Cowell. Facts. Facta et casus, facts and cases. Bracton, fol. lb.

Facts are more powerful than words. FACTA TENENT MULTA QUAE FIERI prohibentur. Deeds contains many things which are prohibited to be done. 12 Coke, ' 124. FACTIO TESTAMENTI (Lat.)

In fact; by an act; by the adt or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything superadded, or any proceeding upon it to give it eiffect. 3 Ke

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." Paley, Ag. 1

The wages or allowances paid to a factor for his services. It is more

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 certain English statutes, of which 40 & 41 Vict. c. 39, is the latest, validating pledges by factors to bona fide pledgees.

In Scotch law. A contract which partakes of a mandate and locatio ad operandum, and which is in the English and American law books discussed under the title ' of "Principal and Age

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, oharta. Spelman; 2 Bl. Comm. 295. The differ

NON ADVERsario, nocere debet. A man's actions should injure himself, not his adversary. Dig. 50. 17. 155,

What is done cannot be undone. 1 Kames, Eq. 96, 259, FACTUM NEQANTIS NULLA PROBAtlo. No proof is incumbent on him who denies a fact, FACTUM NON DIClTUR QUOD NON perseverat. That is

An evidentiary fact. FACTUM UNIUS ALTERI NOCERE NON debet. The deed of one should not hurt another. Co. Litt. 152. FACULTAS PROBATIONUM NON EST angustanda. The right of offering pr

His ability by earnings, or out of accumulated resources, to pay alimony which may be awarded to a wife suing for divorce. It should be alleged as a foundation for an allowance of

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 ca

The college or society of advocates in Scotland.

A marriage gift coming from the father or brother of the bride.

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; i. e., it reverted

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

A badge worn 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 formallry possessed of a right to vote for members of parliament, without possessing the substance which the vote should represent; as if he is enab

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

Means more than actual insolvency, for that is consistent with an honest belief of the insolvent debtor, of his wealth and prosperity; the words would seem to imply that the insolv

Failure of a party to a contract, whether by fault or necessity, to perform that which he has obligated himself to do. To constitute failure of consideration, there must be failure

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 wi

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 then pleads nul tiel record, a day is given t

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

A public mart or place of buying and selling. 1 Bl. Comm. *274. A greater species of market, recurring at more distant intervals. A fair is usually attended by a greater concourse

A fair comment (excusing what would otherwise be a libel) is a comment which is either true, or which, if false, expresses the real opinion of its author (as to the existence of ma

A local Irregular tribunal which existed in Pennsylvania about the year 1769. Lycoming creek and Pine creek, in which the proprietaries prohibited the making of surveys, as it was

The name of a writ given by the statute of Marlebridge, 52 Hen. III. c. 11. See "Beaupleader,"

Anything done; a deed lawfully executed. Comyn, Dig. Femme de fait, a wife de facto.

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

Idle persons; idle livers; vagabonds. Termes de la Ley; Cowell; Blount; Cunningham. FALCARE (Lat.) To cut or mow down. Falcare prata, to cut or mow down grass in meadows; the cutti

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 fourths pa

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

That portion of a testator's estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one-fourth. Civ. Code La. art. 1608; 1 White, New Recop.

A sheep walk. 2 Vent. 139.

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

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

A compensation paid by some customary tenants that they might have liberty to fold their own sheep on their own land. Cunningham; Cowell; Blount.

The bishop's seat or throne within the chancel. FALDSOCA (Saxon). The liberty or privilege of foldage.

or FOLDSTOOL. A place at the south side of the altar at which the sovereign kneels at his coronation.

A person of age that he may be reckoned of some decennary. Du Fresne.

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

In old English law. A hill, or down by the seaside. Co. Litt. 5b; Domesday Book.

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 lawsuit. FALSA DEMONSTRATIO (Lat.) In the civil law. False designation; erroneous description of a person or thing in a writ

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

A false description does not vitiate. 6 Term R. 676. See 2 Story (U. S.) 291; 1 Greenl. Ev. § 301; Broom, Leg. Max. (3d London Ed.) 562; 2 Pars. Cont. 62, note, 69, note, 72, note,

In Civil law. False or counterfeit money. Code, 9. 24.

SIVE FALSA grammatica, non vitiat concessionem. False spelling or false grammar does not vitiate a grant. 9 Coke, 48; Shep. Touch. 55.

To counterfeit. Bracton, fol. 276b.

or FOLSONARIUS. A counterfeiter. Towns. PI. 260; Hov. Frauds, 424.

See "Feigned Action."

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

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

In the law of evidence. The appearance or semblance of a fact; a fact existing only in statement, without any foundation in truth. Burr. Circ. Evid. 218, 219.

Any untrue assertion or proposition; a willful act or declaration contrary to the truth. It does not always and necessarily imply a lie or willful untruth, but is generally used in

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

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

Spreading false news, whereby discord may grow between the sovereign of England and his people, or the great men of the realm, or which may produce other mischiefs, still seems to

In criminal law. False representations and statements, made with a fraudulent design to obtain "money, goods, wares, and merchandise," with intent to cheat. 2 Bouv. Inst, note 2308

A return made by the sheriff, or other ministerial officer, to a writ, in which is stated a fact contrary to the truth, and injurious to one of the parties, or some one having an i

In English law. A misdemeanor consisting of making a willfully false oath, but not in a judicial proceeding, by which circumstance it is distipguished from perjury.

A false document or sign of the existence of a fact, — in general used for the purpose of fraud. See 2 Starkie, Ev. 563. It must be something real and visible. 58 Ga. 409.

Fraudulent subornation or concealment, with design to darken or hide the truth, and make things appear otherwise than they are. It is committed antedates a contract; (3) by deed, a

——In Chancery Practice. To prove that an item in an account before the court as complete, which is inserted to the debit of the person falsifying, should have been omitted. When a

In Scotch law. Making or proving false. Bell, Diet.

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 de Verb. Sign, FALSO RETORNO BREVIUM (La

A forger; a counterfeiter. See "Palsarius." Hov. Frauds, 424. FALSUM (Lat.) In civil law. A fraudulent imitation, perversion, or suppression of truth, such as an imitation of anoth

FIDES, ET OCULUS NON PATIuntur ludum. Fame, plighted faith, and eyesight do not endure deceit. 3 Bulst. 226.

QUAE SUSPICIONEM INDUCIT, oriri debet apud bonos et graves, non quidem maievolos et maledicos, sed providas et fide dignas personas, non semel sed saepius, quia clamor minuit et de

A slanderer. FAMILIA (Lat.) In Roman Law. A family. This word had four different acceptations in the Roman law. In the first and most restricted sense it designated the pater-famil

Persons of the king's household. The ancient title of the "six clerks" of chancery in England. Crabb, Com. Law, 184; 2 Reeve, Hist. Eng. Law, 249, 251. Familier de la chauncery. Ke

In Roman law. An intermediate person who purchased the aggregate inheritance when sold per aes et libram, in the process of making a will under the Twelve Tables. This purchaser wa

Persons collectively who live together in a house or under one head; a household. 90 IlL 252; 26 111. App. 262. Father, mother, and children, including the servants of the family.

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.

Fr. In French Marine law. A large lantern, fixed upon the highest part of a vessel's stern. Ord. Mar, Appendix.

In old English law. Persons pretending to be inspired, and being a general name for Quakers, Anabaptists, and all other sectaries, and factious dissenters from the Church of Englan

In Spanish law. A measure ot land, which is not the same in every province. Dice, de la Acad.; 2 White, Coll. 49. In Spanish America, the fanega consisted of six thousand four hund

In Scotch law. A merchant stranger (peregrinus mercator). Skene de Verb. Sign. Spelman gives the word faramannus, from the law of the Burgundians (tit. 54, § 2), and derives it fro

The fourth part of a yardland. Spelman. According to others, the eighth part. Noy, CompL Lawy. 57;'Cowell. See Cunningham.

In old English law. A bundle or pack; a fardel. Fleta, lib. 1, c. 22, § 10.

In old English law. The fourth part of an acre of land. Cowell. But Spelman considers it the same as fardel (q. V.)

A voyage or passage; the money paid for a voyage or passage. The latter is the modern signification. 1 Bouv. Inst, note 1036,

A miU. L. Salic, tit. 32, § 3; Spelman.

or FARLEY. Money paid by tenants in lieu of a heriot. It was often applied to the best chattel, as distinguished from heriot, the best beast. Cowell.

Whoremongers and adulterers,

Fearme, Ferm, Firm, (L. Lat, Firma; from Sax. fearme, feorme, food or provisions). In English Law. The rent of land under lease, anciently reserved and paid in provisions, (in edul

The lessee of a farm. It is said that every lessee for life or years, although it be but of a small house and land, is called "farmer." This word implies no mystery, except it be t

Technical words in a lease creating a term for wears. Co. Litt. 45b; 2 Mod. 250; 1 Washb. Real Prop. Index, "Lease."