The Cyclopedic Law Dictionary

DUTY OF THE. Saluting the British flag, by striking the flag, and lowering the topsails of a vessel, exacted as a tribute to the sovereignty of England over the British seas.

Whipped; scourged. An entry on old Scotch records. 1 Pitc. Crim. Tr. pt. 1, p. 7.

Burning; raging; in actual perpetration. Flagrans helium, a war actually going on. Flagrans crimen, a crime in the act of perpetration, or just perpetrated.

In Roman law. A term denoting that a crime is being or has just been committed. For example, when a crime has just been committed, and the corpus delictum is publicly exposed, or i

During an actual state of war. FLAGRANTE DELICTO (Lat.) In the very act of committing the crime. 4 Bl. Comm. 307.

A case of urgency rendering lawful an otherwise illegal act, as an assault to remove a man from impending danger.

The word "flat," as used with relation to stock transactions on the marketj means "without interest." 205 111. 90. Flats are as much separate dwellings as ordinary adjoining houses

A feathered- or fleet arrow. Cowell.

A discharge or freedom from amercements where one having been an outlawed fugitive cometh to the place of our lord of his own accord. Termes de la Ley. The liberty to hold court an

See "Fugitive from Justice."

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

A figurative expression used in the criminal law to express the duty of one assailed by violence to retreat as far as he safely may before making violent resistance. It probably or

In Saxon and old English law. A.fugitive bondman or villein. Spelman.

FLEMENES FRINTHE, or flymena frynthe. The reception or relief of a fugitive or outlaw. Jacob.

The possession of the goods of fugitives. Fleta, lib. 1, c. 147.

House; home. Cowell.

The title of an ancient law book, supposed to have been written by a judge while confined in the Fleet prison. It is written in Latin, and is divided into six books. The author liv

In Saxon law. A fine on account of brawls and quarrels. Spelman.

In criminal law. The evading the course of justice by a man's voluntarily withdrawing himself. 4 Bl. Comm. 387. See "Fugitive from Justice."

A certificate authorizing the party possessing it to enter a certain amount of land. 20 How. (U. S.) 504. See 2 Washb. Real Prop.

A stream capable of floating logs, etc., is said to be floatable. 2 Mich. 519.

By the term "floating debt," as applied to a municipal corporation, is meant that mass of lawful and valid claims against the corporation, for the payment of which there is no mone

A floating security is "a security on the property of the company as a going concern, subject to the powers of the directors to dispose of the property of the company while carryin

High-tide mark. Blount. The mark which the sea at flowing water and highest tide makes upon the shore. And. 189; Cunningham.

A copy of the Pandects discovered accidentally about the year 1137, at Amalphi, a town in Italy, near Salerno. From Amalphi, the copy found its way to Pisa, and_, Pisa having submi

A coin, originally made at Florence. Called, also, "gulder."

Things which float by accident on the sea or great rivers. Blount. The commissions of water bailiffs. Cunningham.

or FLOTSAN. A name for the goods which float upon the sea when cast overboard for the safety of the ship, or when a ship is sunk. Distinguished from "jetsam" and "ligan." Bracton,

Flodemark (q. v.) FLUMEN (Law Lat.) In civil law. The name of a servitude which consists in the right of turning the rain water, gathered in a spout, on another's land. Ersk. Inst,

(Lat.) In old English law. A river. Fluvii regales, royal streams. Public rivers for public passage (Fr. haut stremes le roy). So called, not in reference to the ownership of the r

In old English law. Flow. Per fluxum et refluxum maris, by the flow and reflow of the sea. Dal. pi. 10. FLYMA (Saxon). A fugitive or outlaw. Spelman.

In, old English law. The offense of harboring a fugitive, the penalty attached to which was one of the rights of the crown. Anc. Inst. Eng.

Free on board. A mercantile term used in contracts of sale where the seller agrees to put the goods on board cars at a specified place, but freight is paid by the buyer.

House bote; fire bote. Cowell. FOCALE (Law Lat.) In old English law. Firewood; the right of taking wood for the fire; fire bote. Cunningham. FODERUM (Law Lat.) Food for horses or o

A mine. Co. Litt. 6a. FOEDUS (Lat.) A league; a compact.

A feme covert. FOEMINAE AB OMNIBUS OFFICIIS Clvilibus ve! publicis remotae sunt. Women are excluded from all civil and public charges or offices. Dig. 50. 17. 2; 1 Exch. 645; 6 Mee

The act of putting out money at interest. FOENUS NAUTICUS (Lat.) The name given to marine interest. The amount of such interest is not limited by law, because the lender runs so gr

In medical jurisprudence. The act of criminal abortion. 1 Beck, Med. Jur. 288; Guy, Med. Jur. 133. FOETURA (Law Lat.) In civil law. The produce of animals, and the fruit of other p

In French feudal law. Faith; fealty. Guyot, Inst. Feud. c. 2.

In old English law. The fawning or fawning time of deer. Spelman.

In old English law. To forfeit. 1 How. St. Tr. 927.

In old Scotch law. Forethought; premeditated. 1 Pitc. Grim. Tr. pt. 1, p. 90.

Vagrants. FOLC LAND (Saxon). Land of the people. Spelman. Said by Blackstone to be land held by no assurance in writing, but to have been distributed amongst the common people at t

FOLK MOTE, or FOLC GEnvote (Saxon, from folc, people, and mote, or gemote, meeting). In Saxon law. A meeting of the people; a general assembly of the people, to consider and order

The common right of all the people. 1 BL Comm. 66, 67.

A privilege possessed in some places by the lord of a manor, which consists in the right of having his tenant's sheep to feed on his fields, so as to manure the land. The name of "

In English law. Land used as a sheep walk. Land to which the sole right of folding the cattle of others is appurtenajit. Sometimes it means merely such right of folding. The right

Menial servants; followers. Bracton.

In old English law. A freeman, who has no house or dwelling of his own, but is the follower or retainer of another (heorthfoest), for whom he performs certain predial services. Anc

A leaf. The references to the writings of the older law authors are usually made by citing the folio, as it was the ancient custom to number the folio instead of the page, as is do

In Spanish law. Any tribute or loan granted to the king for the purpose of enabling him to defray the expenses of a war.

A fountain or spring. Bracton, fol. 233.

A measure of length, containing one-third of a yard, or twelve inches. Figuratively, it signifies the conclusion, the end; as, the foot of the fine, the foot of the account.

An amercement for not cutting out the ball or cutting off the claws of a dog's feet (expeditating him). To be quit of footgeld is to have the privilege of keeping dogs in the fores

The fifth part of the conclusion of a fine. It includes the whole matter, reciting the names of the parties, day, year, and place, and before whom it was acknowledged or levied. 2

In French law. A tribunal. Le for mterieur, the interior forum; the tribunal of conscience. Poth. Obi. pt. 1, c. 1, § 1, art. 3, § 4.

One from without; a foreigner; a stranger. Calv. Lex.

One who can take oath for another who is accused of one of the lesser crimes. Manw. For. Laws, p. 3. Cowell.

In old records. A forebalk; a balk (that is, an unplowed piece of land) lying forward or next the highway. Cowell.

To deprive forever; to shut out. 9 Rich. II. c. 2; 6 Hen. VI. c. 4; Cowell. FORBARRER (Law Fr.) To tar out; to prevent or preclude; to estop. Cowell.

In old English law. The aggressor slain in combat. Jacob.

A delay in enforcing rights; the act by which a creditor waits for the payment of a debt due him by the debtor after it has become due. It is sufficient consideration to support as

Restraining power; validity; binding effect. A law may be said to be in force when it is not repealed, or, more loosely, when it can be carried into practical effect._ An iigreemen

A phrase used In declarations of trespass and in indictments, but now necessary in declarations, to denote that the act complained of was done with violence. 2 Chit. PI. 846, 850.

In Louisiana. 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 disinherit

A sale under process of law, and against the consent of the owner. It does not embrace a sale under a power in a mortgage. 15 Fla. 336.

Pre-emption. Blount.

A forcible entry or detainer consists in violently taking or keeping possession of lands or tenements, by means of threats, force, or arms, and without authority of law. Comyn, Dig

In old records. A ford or shal- FORDAL (Saxon). A butt or headband; a piece.

In old European law. He who first assaulted another. Spelman.

In old records. Grass or herbage growing on the edge or bank of dykes or ditches. Cowell. FORE (Saxon). Before (Fr.) Out. Kelham.

To shut out; to bar. Used of the process of destroying an equity of redemption. 1 Washb. Real Prop. 589; Daniell, Ch. Pr. 1204; Coote, Mortg. 511; 9 Cow. (N. Y.) 382. A proceeding

In Scotch law. To forfeit; to lose.

A premium for a lease.

Royal purveyors. 26 Edw.

In English law. A species of rent which is a premium given by the tenant at the time of taking the lease, as on the renewal of leases by ecclesiastical corporations, which is consi

That which belongs to another country; that which is strange. 1 Pet. (U. S.) 343. Every nation is foreign to all the rest; spect to their municipal laws. 2 Wash. C. C. (U. S.) 282;

One who is not a citizen. Cowell. —In the Old English Law. It seems to have been used of every one not an inhabitant of a city, at least with reference to that city. 1 H. Bl. 213.

An old form of "foreign" (q. V.) Blount.

To deprive a man of the thing in question by sentence of court. Among foreign writers, says Blount, forejudge is to banish, to expel. In this latter sense, the word is also used in

In English practice. A judgment by which a man is deprived or put out of a thing; a judgment of expulsion or banishment. See "Forejudge."

The presiding member of a grand or petit jury.

Belonging to courts of justice.

Medical jurisprudence. "That science which teaches the application of every branch of medical knowledge to the purposes of the law; hence its limits are, on the one hand, the requi

Forensic; belonging to court. forensis homo, a man engaged in causes. A pleader; an advocate. Vicat; Calv. Lex.

Used in Scotch law as "aforesaid" is in English, and sometimes, in a plural form, "foresaids." 2 How. St. Tr. 715. "Foresaidis" occurs in old Scotch records. "The Loirdis assesouri

Forsaken; Cowell.

That part of the land adjacent to the sea which is alternately covered and left dry by the ordinary flow of the tides, i. e., by the medium line between the greatest and least rang

A certain territory of wooded ground and fruitful pastures, privileged for wild beasts and fowls of forest, chase, and warren, to rest and abide in the safe protection of the princ

A tribute payable to the king's foresters. Cowell. Blount. To beset the way of a tenant so as to prevent his coming on the premises. 3 Bl. Comm. 170. To intercept a deer on his way

One who oommlts the offense of forestalling. Used, also, to denote the crime itself, namely, the obstruction of the highway, or hindering a tenant from coming to his land. 3 Bl. Co

Obstructing the way; intercepting a person on the highway.

Buying victuals on their way to the market before they reach it, with the intent to sell again at a higher price. Cowell; Blount; 4 Bl. Comm. 158. Every device or practice, by act,

A forester; an officer who takes care of the woods and forests. De forestario apponevdo, a writ which lay to appoint a forester to prevent further commission of waste when a tenant

In English law. Courts instituted for the government of the king's forests in different parts of the kingdom, ^nd for the punishment of all injuries done to the king's deer or veni

A sworn offiter of the forest, appointed by the king's letters patent to walk the forest, watching both the vert and the venison, attaching and presenting all trespassers against t

In Scotch law. Murder committed in consequence of a previous design. Ersk. bk. 4, tit. 4, c. 50; Bell, Diet.

A taking beforehand; a taking provisions from any one in fairs or markets before the king's purveyors are served with necessaries for his majesty. Blount; Cowell.

To forfeit signifies the incurring of a forfeiture or penalty and is antagonistic to the idea of mere payment of compensation for damages for breach of contract. 172 111. App. 92.

A punishment annexed by law to some illegal act or negligence in the owner of lands, tenements, or hereditaments, whereby he loses all his interest therein, and they become vested