The Cyclopedic Law Dictionary

Let justice be done. Words formerly written by the king at the top of a petition for a warrant to bring a writ of error in parliament, signifying his assent. Jacob; Dyer, 375; Stau

Let Justice be done, though the heavens should fall. Branch, Princ. 161. FIAT PROUT FIERI CONSUERIT; NIL tfcmere novandum. Let it be done as formerly; let no innovation be made ras

FICTIO JUris non est, ubi Veritas, Fiction yields to truth. Where truth is, fiction of law does not exist.

sed pro veritate habetur. Fiction is against the truth, but it is to be esteemed truth. FICTIO LEGIS INIQUp OPERATUR ALlenl damnum vel Injuriam. Fiction of law is wrongful if it wo

A FICTIONt The legal assumption that something Which is or may be false is true. ' It differs from a presumption in that a fiction is an assumption as true of something admittedly

A suit brought on pretense of a controversy, when no such controversy in truth exists. Such actions have usually been brought on a pretended wager, for the purpose of obtaining the

Where a suit is brought in the name of one who is not in being, or of one who is ignorant of the suit, and has not authorized it, it is said to be brought in the name of a fictitio

When a contract, such as negotiable paper, is drawn in favor of a fictitious person, and has been indorsed in such name, it is deemed payable to bearer as against all parties who a

In the civU law. To order a thing upon one's faith; to pledge one's self; to become surety for another. Fide jubes? Fide jubeo: Do you pledge yourself? I do pledge myself. Inst. 3.

An act by which any one binds himself as an additional security for another. This giving security does not destroy the liability of the principal, but adds to the security of the s

In civil law. One who becomes security for the debt of another, promising to pay it in case the principal does not do so. He differs from a co-obligor in this, that the latter is e

Faithful; trustworthy.

Fealty; fidelity.

DE NULLO TENEMENTO, quod tenetur ad terminum fit hottiagll; fit tamen Inde fidelitatis sacramentum. Fealty. For no tenement which is held for a term is there the oath of homage, bu

When a tenant does FIDES EST OBLIGATIO CONSCIENtiae alicujus ad intentfonem alterlus. A trust is an obligation of conscience of one to the will of another.

See "Fide Jussor." FIDEI COMMISSARIUS (Law Lat.) In civil law. One who has a beneficial interest in an estate which, for a time, is committed to the faith or trust of another. This

Good faith must be observed. 1 Mete. (Mass.) B51; 3 Barb. (N. Y.) 323, 330; 23 Barb. (N. Y.) 521, 524. FIDES SERVANDA EST; SIMPLICITAS juris genitum praevaleat. Good faith is to be

In Roman law. The elder brother of an emancipated pupillus, whose father had died leaving him still under fourteen years of age.

This term is borrowed from the civil law. The Roman laws called a fiduciary heir the person who was instituted heir, and who was charged to deliver the succession to a person desig

An agreement by which a person delivers a thing to another on the condition that he will restore it to him. The following formula was employed: Ut inter bonos agere oportet, ne pro

That relation existing between parties where one holds the character of a trustee or a character analogous thereto, such as an agent, guardian, or the like, and the person stands i

A fee, feod, or feud. A fief was an organically complete brotherhood of associates whose proprietary and personal rights were inextricably blended together. It had much in common w

A fee held on the ticum. Spelman; Calv. Lex.; Du Cange. A knight's fee. 2 Bl. Comm. 62.

The holder of a fief or fee.

In Spanish law. An officer who keeps possession of a thing deposited under authority of law. Las Partidas, pt. 3, tit. 9, lib. 1.

In Spanish law. Sequestration. This is allowed in six cases by the Spanish law where the title to property is in dispute. Las Partidas, pt. 3, tit. 3, liv. 1.

An officer elected, in England, by the owners of a regulated pasture, to keep in order the fences, ditches, etc., on the land, to regulate the times during which animals are to be

Ancient Gothic courts "in the lowest instance." So called because four were instituted within every superior district or hundred. Their jurisdiction was limited within forty shilli

The writ issued on an ordinary judgment against an executor when sued for a debt due by his testator. If the sheriff returns to this writ nulla bona, and a devastavit (q. V.), the

SED FACTUM VAlet. It ought not to be done, but done, it is valid. 5 Coke, 39; 1 Strange, 526; 19

An abbreviation for fieri facias (q. V.) FIANCER (Law Fr.) To pledge one's faith. Kelham. FIANZA (Spanish). Surety; the contract by which one person engages to pay the debt or fulf

A temporary aid, consisting of a fifteenth part of the personal property in every township, borough, and city in the kingdom. The valuation of the kingdom was fixed, and a record m

or FIGHTWITE (Saxon). A mulct or fine for making a quarrel to the disturbance of the peace. Called also by Cowell forisfactura pugnae. The amount was one hundred and twenty shillin

An officer of the common pleas, whose duty it was to file the writs on which he made process. There were fourteen of them, and it was their duty to make out all original process. C

In old -English practice. To file. Towns. PI. 67.

A thread, 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. Spelman; Cowell;

To declare whose child a bastard is. 2 W. Bl. 1017.

In civil law. The descent of son or daughter, with regard to his or her father, mother, and their ancestors. Nature always points out the mother by evident signs, and, whether marr

Filiation cannot be proved. Co. Litt. 126a. But see 7 & 8 Vict. c. 101.

In old English law. A ferny or bracky ground; a place where fern grows. Co. Litt. 4b; Shep. Touch. 95.

In old records. A godson. Spelman. FILIUS (Lat.) A son; a child. As distinguished from heir, filius is a term of nature, haeres a term of law. 1 Powell, Dev. 311. In the civil law

SED haeres nomen juris. Son is a name of nature, but heir a name of law. 1 Sid. 193; 1 Powell, Dev. 311. FILIUS FAMILIAS (Lat.) A son who is under the control and power of his fath

An end, or limit; a limitation, or period of limitation.'

The public revenue or resources of a government or state; the income or means of an individual or corporation. It is somewhat like the fiscus of the Romans. The word is generally u

or FINANCIAN. One who manages the finances or public revenue; persons skilled in matters appertaining to the judicious management of money affairs.

In French law. A legal bar to the maintenance of a claim. Ord. Mar. liv., tit. 12; Poth. Obi. p. 3, c. 8, art. 1. An exception or plea founded on law, which, without entering into

One who lawfully comes to the possession of another's personal property, which was then lost,

The result of the deliberations of a jury or a court. 1 Day (Conn.) 238; 2 Day (Conn.) 12. The "findings of fact" of a judge, on which his decision is based,

In conveyancing. An amicable composition or agreement of a suit, either actual or fictitious, by leave of the court, by which the lands in question become, or are acknowledged to b

St. 3 & 4 Wm. IV. c. 74. This act abolished fines and recoveries. 2 Sharswood, Bl. Comm. 364, note; 1 Steph. Comm. 514. FINE ANNULLANDO LEVATO DE TENemento quod fult de antique dom

A sum of money which a tenant by knight's service, or a tenant in capite by socage tenure, paid to his lord for permission to alienate his right in the estate he held to another, a

An absolute necessity or inevitable constraint. Old Nat. Brev. 78; Plowd. 94; 6 Coke, 11; Cowell. FINE SUR COGNIZANCE DE DROIT come ceo que II ad de son done. A fine upon acknowled

An old English law grounded on the feudal exactions that a woman could not be endowed without a fine paid to the lord of the tenement. Abolished by Henry I., and afterwards by Magn

In old English law. A sum of money which any one is to pay the king for any contempt or offense; which fine any one that commits any trespass, or is convict that he falsely denies

A fine granted where the cognizor, in order to make an end of disputes, though he acknowledges no precedent right, yet gi'ants to the cognizee an estate de novo, usually for life o

A double fine, comprehending the fine sur cognizance de droit come ceo, and the fine sur concessit. It may be used to convey writ of covenant; whereas the fine sur cognizance de dr

In old English law. To fine, or pay a fine. Rog. Hov., cited in Cowell. To end or finish a matter. FINIS EST AMICABILIS COMPOSITIO et finalis concordia ex consensu et concordia dom

A fine puts an end to litigation. 3 Inst. 78.

The end of a thing is to be attended to. 3 Inst. 51. FINIS UNIUS DIEI EST PRINCIPIUM alterlus. The end of one day Is the beginning of another, 2 Bulst. 305.

In old records. An ending or finishing; death, as the end of life (quia vita finitur morte). Cowell; Holthouse.

In civil law. An action for regulating boundaries. 1 Mackeld. Civ. Law, § 271.

Refiners of gold and silver. FIRDFARE (Saxon). See "Firdnite." FIRDIRINGA (Saxon). A preparation to go into the army. Leg. Hen. 1.

or FIRDWITE (Saxon.) A mulct or penalty imposed on military tenants for their default in not appearing in arms, or coming to an expedition; a penalty imposed for murder committed i

Letters of fire and sword were the ancient means for dispossessing a tenant who retained possession contrary to the order of the judge and diligence of the law. They were directed

A beacon or high tower by the seaside, wherein are continual lights, either to direct sailors in the night, or to give warning of the approach of an enemy. Cowell.

An allowance of wood or estoves to maintain competent firing for the tenant. A sufficient allowance of wood to burn in a house. 1 Washb. Real Prop. 99. Tenant for life or years is

A contract of insurance by which the insurer agrees to indemnify the insured for injury by fire to goods named in the contract. See "Insurance."

See "Ordeal."

A policy of fire insurance. See "Fire Insurance."

A measure of capacity, equal to nine gallons. The word "firkin" is also used to designate a weight,, used for butter and cheese, of fifty-six pounds avoirdupois.

A Scotch measure of capacity, containing two gallons and a pint. Spel-

The persons composing a partnership, taken collectively. The name or title under which the members of a partnership transact business. The word is used as synonymous with "partners

A passport granted by the great mogul to captains of foreign vessels to trade within the territories over which he has jurisdiction; a permit.

The right of a tenant to his lands and tenements. Cowell.

In old records. A place In monasteries, and elsewhere, where the poor were received and supplied with food. Spelman. Hence the word "infirmary." FIRMARIUS (Law Lat.) A termor; a le

In forest law. Doe season. Cowell.

In old records. A farm. FIRMIOR ET POTENTIOR EST OPERAtio legls quam dispositio hominis. The operation of law is firmer and more powerful than the will of man. Co. Litt. 102.

In old English law. An assurance of some privilege, by deed or charter.

A firm name is such name as the copartners choose to adopt, and may disclose the names of all the partners or of none of them, or the name of but one of them may be used as the fir

In old English law. Liberty

The term "first class" is a relative term, aiid depends upon the use of the thing to which it is applied, and the character of the persons who are to use it. 218 111. 90.

In English law, one convicted of misdemeanor who is designated by the judge to be treated with special favor. Such designation is in the discretion of the judge. 28 & 29 Vict. c. 1

A person's first cousin is the child of his uncle or aunt; and only persons standing in that relationship to him will take under a gift to his "first cousins;" first cousins once r

The first year's whole profits of the spiritual preferments. There were three valuations (valor beneficium) at different times, according to which these first fruits were estimated

First examination; first presentation to a court for examination or decision. A cause which presents a new question for the first time, and for which, consequently, there is no pre

In the English law of descent, the first purchaser was he who first acquired an estate in a family which still owns it. A purchase of this kind signifies any mode of acquiring an e

In civil law. The treasury of a prince; the public treasury. 1 Low. (U. S.) 361. Hence, to confiscate a thing is to appropriate it to the fisc. Paillet, Dr. Pub. 21, note, says tha

Belonging to the fisc, or public treasury. FISCAL JUDGE (Law Lat. judex fiscalia). An officer named in the laws of the barbarous nations of Europe; the same with the grafio, graf,

In Roman Law. The treasury of the prince _ or emperor, as distinguished from "aerarium,," which was the treasury of the state. Spelman; Plin. Pand. 86; Tacit, vi. 2; Calv. Lex. The

An animal which inhabits the water, breathes by means of gills, swims by the aid of fins, and is oviparous. Fishes in rivers and in the sea are considered as animals ferae naturae;

A place prepared for catching fish with nets or hooks. This is commonly applied to the place of drawing a seine or net. 1 Whart. (Pa.) 131, 132. A right or liberty of taking fish;

A dam or weir in a river for taking fish. Cowell. - FiSK. In Scotch law. The revenue of the crown. Generally used of the personal estate of a rebel, which has been forfeited to the

A whale, porpoise, or sturgeon thrown ashore on the coast of England belonged to the king as a branch of his prerogative. Hence these fish are termed "royal fish." Hale, de Jur. Ma

or FESTUCA (Lat.) The rod which was transferred, in one of the ancient methods of feoffment, to denote a transfer of the property in land. Called, otherwise, baculum, virga, fustis

In the civil law. A pipe for convejring water. Dig. 8. 2. 18.

An act of parliament, passed in 1665, against nonconformists, whereby ministers of that body were prohibited from coming within five miles of any corporate town or place where they

In practice. Rendering absolute the liability of special bail. The bail are fixed upon the issue of a ca. sa. (capias ad satis facienduniy against the defendant (2 Nott & McC. [S.

The word "fixtures" is used with three distinct meanings: (1) Chattels affixed to the realty, without regard to the right to remove them. (2) An article which was a chattel, but wh

A place covered with standing water.

A symbol of nationality carried by soldiers, ships, etc., and used in many places where such a symbol is necessary or proper. For the law upon the subject of nationality of a cargo