The Cyclopedic Law Dictionary

A failure to perform the condition on which the obligee was to be excused from the penalty in the bond. Courts of equity and of law in modern practice will relieve from the forfeit

A penalty incurred bjr a ward in chivalry when he or she married contrary to the wishes of his or her guardian in chivalry. 2 Bl. Comm. 70.

Another name for the English act of 1870, abolishing forfeitures on conviction of felony.

A small rent reserved In money; a quit rent.

An establishment, or mechanical contrivance, by which iron is made, or manufactured from the ore. 1 Stock. Ch. (N. J.) 296. To forge means, properly speaking, no more than to make

The false making, with Intent to defraud, or any writing which, if genuine, might apparently be of legal ef- Bishop (2 New Crim. Law, § 533) has collected seven definitions of forg

In old records. A herdland headland, or foreland. Cowell.

In civil law. Arguments in court; disputations or arguments before a court. 1 Kent, Comm. 530; Vicat, "Disputatio."

That part of a manor which lies without the town, and is not included within the liberties of it. Par. Ant. 351. FORINSECUM SERVITIUM (Lat.) The payment of extraordinary aid. Kenne

Abroad; out of doors; on the outside of a place; without; extrinsic.

or FORBANNITUS. Banished; outlawed. Spelman. FORISFACERE (Lat.) To forfeit; to lose on account of crime. It may be applied not only to estates, but to a variety of other things, in

or FORISFAMILIatus. In old English law. Portioned off. A son was forisfamiliated when he had a portion of his father's estate assigned to him during his father's life, in lieu of h

See "Forejudge." FORJURER (Law Fr.) In old English law. To forswear; to abjure. Forjurer royalme, to abjure the realm. Britt. cc. 1, 16.

Forlanda. Law Lat. In old records. Land extending beyond, or lybefore other land; or bordering or lying outward; a foreland; an extra allowance of land; an allowance in meeting and

Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained. Butl. Surv. 56.

In practice. The model of an instrument or legal proceeding, containing The legal order or method of legal proceedings or construction of legal instraments.

Form gives being. Lord Henley, C, 2 Eden, 99. FORMA LEGALIS FORMA ESSENTIALis. Legal form is essential form. 10 Coke, 100, 9 C. B. 493; 2 Hopk. 319.

In England, robes worn by the magistrates of a city or corporation, etc., on solemn occasions. Enc. Lond.

The conditions which must be observed in making contracts, and the words which the law gives to be used in order to render them valid. It also signifies the conditions which the la

INFERTUR adnullatio actus. When form is not observed, a nullity of the act is inferred. 12 Coke, 7.

See "In Forma Pauperis,"

Canonical letters.

Formed writs; writs of form. See "Brevia Formata."

An action for which a form of words is provided, which must be exactly followed. 10 Mod. 140.

An ancient writ provided by St. Westminster IL (13 Edw. I.) c. 1, for him who hath right to lands or tenements by virtue of a gift in tail. Stearns, Real Actions, 322. It is a writ

A writ of formedon which lies where lands are given to one for life or in tail, with remainder to another in fee or in tall, and he who hath the particular estate dies without issu

A previous determination of the matter in litigation by a competent court between the same parties. To constitute a former adjudication which will bar subsequent litigation, it is

A recovery In a former action. See "Former Adjudication." FORMIDO PERICULI (Lat.) Pear of danger. 1 Kent, Comm. 23; Huber de Jur. Civ. lib. 3, c. 7, § 4.

The various classes of personal actions at common law, as assumpsit, trespass, case, detinue, trover, etc. (q. V.) The forms of action are now abolished in England by the judicatur

In eommon-law practice, a set form of words used in judicial proceedings. In Civil Law. An action. Calv. Lex.

In Roman law. When the legis actiones were proved to be inconvenient, a mode of procedure called "per formulas" (i. e., by means of formulae) was gradually introduced, and eventual

A collection of the forms of proceedings among the Franks and other early European nations. Co. Litt. Butler's note 77.

The fee taken by a lord of his tenant, who was bound to bake in the lord's common oven (in fumo domini), or for a commission to use his own.

In criminal law. Unlawful carnal knowledge by an unmarried person of another, whether the latter be married or unmarried. Fornication is distinguished from "adultery" by the fact t

In Spanish law. An oven. Las Partidas, pt. 3, tit. 32, lib. 18.

In Spanish law. The place where tribunals hear and determine causes, — exereendarum, litium locus. This word, according to Varro, is derived from ferendo, and is so called because

In Spanish law. Emphyteutic rents. Schmidt, Civ. Law, 309. FORPRiSE. An exception; reservation; excepted; reserved. Anciently, a term of frequent use in leases and conveyances. Cow

An attorney or advocate; one who speaks for another. Blount.

An intercepting or stopping in the highway. See "Forestall." FORSTELLARIUS EST PAUPERUM DEpressor, et totlus communitatis et patriae publicus inimicus. A forestaller is an oppresso

In criminal law. To swear to a falsehood. This word has not the same meaning as "perjury." It does not, ex vi termini, signify a false swearing before an officer or court having au

or FOR THAT WHEREAS. Words used in introduction in a declaration. "For that whereas" introduces recitals, "For that," positive allegations. Hammond, N. P. 9.

In Scotch law. The action by which an arrestment (attadiment) of goods is made available to the creditor or holder. given ordering the debt to be paid or the arrested goods to be g

A bond given for the security of the sheriff, conditioned, to produce the property levied on when required. 2 Wash. (Va.) 189; 11 Grat. (Va.) 522.

In an action at law by one for the use of another the expression "for the use of" is for the purpose of protecting the interest of the usee against the nominal plaintiff, and not f

As soon as, by reasonable exertion, confined to the object, it may be accomplished. This is the import of the term. Style, Pr. Reg. 452, 453. The words "forthwith" and "immediately

Fresh force (q. v.)

A fortified place; a castle; a bulwark. Cowell. FORTIOR (Lat.) Stronger. A term applied, in the law of evidence, to that species of presumption, arising from facts shown in evidenc

See "A Fortiori."

Strong. Fortis et sana, strong and sound; staunch and strong; as a vessel. Towns. PI. 227.

A place or port of some strength; a little fort. Old Nat. Brev. 45.

Accidental.

An accidental collision.

In civil law. That which happens by a cause which cannot be resisted. Code La. art. 2522, No. 7. That which neither of the parties has occasioned or could prevent. Lois des Bat. pt

They make fortune the judge. Co. Litt. 167. Spoken of the process of making partition

At Common Law. A place; a place of jurisdiction; the place where a remedy is sought; jurisdiction; a court of justice. Forum conscientiae. The conscience. Forum contentiosum. A cou

Generally the expression "for value received" used in a note imports a consideration. 177 111. 291.

A person who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a compensation from the owners, but who has no concern in the ve

The duty levied on the inhabitants for repairing the moat or ditch around a fortified town. FOSSATORIUM OPERATIO (Lat.) The service or laboring done by the inhabitants and adjoinin

A small ditch. Cowell.

or FOSSE. One of the four ancient Roman ways through England. Spelman, voc. "Ikenild Street."

Land given, assigned, or allotted to the finding of food or victuals for

The remuneration fixed for the rearing of a foster child; also the jointure of a wife. Jacob.

The establishment of a charity; that upon which a charity is founded^and by which it is supported. This word, in the English law, is taken in two senses, — fundatio ineipiens, and

One who endows an Institution; one who makes a gift of revenues to a corporation. 10 Coke, 33; 1 Sharswood, Bl. Comm. 481. In England, the king is said to be the founder of all civ

Out of repair. Cro. Car. 866.

A new-born child abandoned by its parents, who are unknown. The settlement of such a child is in the place where found.

A metaphorical expression indicating the whole face or contents of an instrument, taken as an entirety.

The act of delaying legal proceedings. Termes de la Ley.

The seas surrounding England. These were divided into the western, including the Scotch and Irish; the northern, or North Sea; the eastern, being the German Ocean; the southern, be

Such fowls are of pestres: Campestres, as partridge, quaile, raile, etc.; Silvestres, as pheasant, woodcocke, etc.; Aquatiles, as mallard, herne, etc.; and are preserved under the

St. 52 Geo. III. c. 60, which secured to juries, upon the trial of indictments or informations for libel, the right of pronouncing a general verdict of guilty or not guilty upon th

A portion of a day; the dividing a day. Generally, the law does not allow the fraction of a day. 2 Sharswood, Bl. Comm. 141. The day may be divided, however, to show which of two a

Arable land. Mon Angl.

Wreck of shipping at sea.

Costs incurred Incidentally to the action. See 1 Tropl. Dr. Civ. 122, 135, note; 4 Low. (U. S.) 77.

A French coin, of the value of about eighteen cents.

In French law. An absolutely free inheritance; allodial lands. Generally, however, the word denotes an inheritance free from seignorial rights, though held subject to the sovereign

A freeman. Blount.

A special privilege conferred by government on individuals, and which does not belong to the citizens of the country generally by common right. Ansell & A. Corp. § 4. A particular

A designation formerly given to aliens in England.

Free; a freeman; a Pranfc. Spelman. Francus Bancus. Free bench (q. v.) Francus Homo. A free man. Francus Plegius. In old English law. A frank pledge, or free pledge. Spelman. Franc

In old English law. Free.

A species of ancient holds its lands of the donor, in consideration of the religious services it performs.- In the United States, religious corporations hold land by the same tenur

In old English law. Free bench. Litt. § 166; Co. Litt. 110b. See under "Francus."

Free chase. The liberty or franchise of having a chase.

Lands not held in ancient demesne. Called "lands pleadable at common law." Reg. Orig. 12, 14; Pitzh. Nat. Brev. 161; Termes de la Ley. That which a man holds to himself and ' his h

Lands or tenements where the nature of the fee is changed by feoffment from knight's service to yearly service, and whence no homage but such as is contained in the feoffment may b

In old English law. Free fold; a privilege for the lord to have all the sheep of his tenants and the inhabitants within his seigniory, in his fold, in his demesnes, to manure his l

The privilege of sending certain matter through the public mails without payment therefor. It is enjoyed by various officers of the federal government, theoretically for the public

FRANCLING, or FRANKlln. A freeman; a freeholder; a gentleman. Blount; Cowell. FRASSETUM (Law Lat.) In old English law. A wood, or ground that is woody. Co. Litt. 4b; Shep. Touch. 9

A species of estate tail where the donee had married one of kin (as daughter or cousin) to the donor, and held the estate subject to the implied condition that the estate was to de

A pledge or surety for freemen. Termes de la Ley. The bond or pledge which the inhabitants of a tithing entered into for each one of their number that he should be forthcoming to a

A freeholder. Litt. § 91.

In English law. A free tenement, freeholding, or freehold. 2 Bl. Comm. 61, 62, 104; 1 Steph. Comm. 217; Bracton, fol. 207. Used to denote both the tenure and the estate,

Fraud lies hid in. general expressions.

A form of mutual life, and perhaps, also, health and accident, insurance. Its distinguishing characteristics seem to be (a) that it is written on members of a fraternal or benefici

A fraternity or brotherhood.

A younger brother's inheritance.

The killing of a brother or sister. One who has killed his brother or sister.

The unlawful obtaining of another's property by design, but without crim- Any cunning deception or artifice used to circumvent, cheat, or deceive another. Story, Eq. Jur. § 186. Fr