The Cyclopedic Law Dictionary

STATUTE OF. The name commonly given to St. 29 Car. II. c. 3, entitled, "An Act for the Prevention of Frauds and Perjuries"; and to statutes of the various states patterned thereon,

A conof which is to avoid some duty or debt due by or incumbent on the party making it. 2 Kent, Comm. 440; 4 Kent, Comm. 462. There must be:,(a) A creditor to be defrauded; but sub

See "Preferences." ^RAUNC, FRAUNCHE, or FRAUNKE. See "Frank."

A franchise. FRAUS (Lat. fraud). More commonly called, in the civil law, "dolus" and "dolus malus" (qv.). A distinction, however, was sometimes made between "fraus" and "dolus"; th

It l3 a fraud to conceal a fraud. 1 Vern. 270.

ET NON PBAEsumenda. Fraud is odious, and not to he presumed. Cro. Car. 550. FRAUS ET DOLUS NEMINI PATROCI- FRAUS ET JUS NUNQUAM COHABITant. Fraud and justice never dwell ■ together

(Lat.) In civil law. Fraud of law; fraud upon law. See "In Fraudem Legis."

Fraud deserves fraud. Plowd. 110; Branch, Princ. This is very poor law.

In old English law. A wood of ashes; a place where ashes grow. Co. Litt. 4b; Shep. Touch. 95.

See "Aferay."

In Old English law. Freight. Blount.

A liberty to hold courts and take up the fines for beating and wounding. Cowell; Cunningham. To be free from fines.

or FRIDSTOLE. Sanctuaries; seats of peace.

A fine paid for obtaining pardon when the peace had been broken. Spelman; Blount. A sum paid the magistrate for protection against the right of revenge. 1 Robertson, Hist. Charles

Not bound to servitude; at liberty to act as one pleases. This word is put in opposition to slave. Const. U. S. art. 1, § 2. Used in distinction from being bound as an apprentice.

Tenure by indefinite spiritual Services; frankalmoigne (q. v.).

Copyhold lands which the wife has for dower after the decease of her husband. Kitch. Cts. 102; Bracton, lib. 4, tr. 6, c. 13, No. 2; Fitzh. Nat. Brev. 150; Plowd. 411. Dower in cop

An allowance of land outside the fence, which may be claimed by the owner. An allowance, in some places, two

Such great men as did not engage, like the frank-pledge men, for their decennier. Jacob.

A chapel founded by the king, and exempted from the jurisdiction of the ordinary. It may be one founded or endowed by a private person under a grant from the king. Cowell; Termes d

Having the wind from a favorable quarter. To prevent collision of vessels, it is the duty of the vessel having the wind free to give way to a vessel beating up to windward and tack

In Roman law. A person who had been released from a state of servitude. See "Liberti."

The power by which man can do what does not interfere with the rights of another; its basis is nature; its standard is justice; its protection is law; its moral boundary is the max

A franchise which gives an exclusive right of fishing in a public navigable river, without any ownership on the soil. 3 Kent, Comm. 329; 2 Sharswood, Bl. Comm. 39; 1 Salk. 637; Woo

See "Estates."

The owner of a freehold estate. Such a man must have been anciently a freeman; and the gift to any man by his lord of an estate to him and his heirs made the tenant a freeman, if h

A freehold which has descended to a man, upon which he may enter at pleasure, but which he has not entered on. Termes de la Ley.

Socleties in England designed for the purpose of enabling mechanics, artisans, and other Working men to purchase, at the least possible price, a piece of freehold land of a suffici

One who Is not a slave; one born free, or made so. In Old English Law. A freeholder, as distinguished from a villein. An inhabitant of a city. St. 1 Hen. VI. c. 11; 3 Steph. Comm.

A list of persons admitted as burgesses or freemen for the purposes of the rights reserved by the municipal corporation act (5 & 6 Wm. IV. c. 76). Distinguished from the burgess ro

Abbreviated f. o. b. in the law of sales. A sale free on board is one in which the seller agrees to deliver the goods on board cars or ship at a place named, at his own expense, fr

Such as it was not unbecoming the character of a soldier or freeman to perform; as, to serve under his lord in the wars, to pay a sum of money, and the like. 2 Bl. Comm. 62; 1 Wash

Neutral ships. "Free ships make free goods" is a phrase often used in treaties to denote that the goods on board neutral ships shall be free from confiscation, even though belongin

Tenure in free socage is a tenure by certain and honorable services which yet are not military. 1 Spence, Eq. Jur. 52; Dalr. Feud. Prop. c. 2, § 1; 1 Washb. Real Prop. 25. Called,

In old English law. Tenants in free socage. Glanv. lib. 3, c. 7; 2 Bl. Comm. 79. FREE (or FRANK) TENURE. Freehold tenure. The opposite of the ancient villeinage or modern copyhold.

A franchise for the pre- Co. Litt. 233. This franchise gave the grantee sole right of killing, so far as his warren extended, on condition of excluding other persons. 2 Sharswood,

The amount due a carrier for the transportation of goods or live stock. Angell, Carr. i 391. Sometimes applied in a loose sense to the goods carried. In Maritime Law. The sum agree

He to whom a ship or vessel has been hired, and who loads her under his contract; he who loads a general ship. 3 Kent, Comm. 173; 3 Pardessus, note 704.

In early times. In English law, this term was applied to every stranger or "outlandish" man. Bracton, lib. 3, tr. 2, c. 15.

or FRENDLESMAN (Saxon). The ancient name of an outlaw (utlaughe) in England. So called, according to Bracton, because he forfeited his friends (quod forisfadt amicos); all persons

or FRENDWITE. A fine exacted from him who harbored an outlawed friend. Cowell; Cunningham. A quittance for for fang (exemption from the penalty of taking provisions before the king

In old English law. A madman, or person in a frenzy. Fleta, lib. 1, c. 36.

A free surety or free pledge. Spelman. See "Frank Pledge."

To visit often; to resort to often or habitually. 109 Ind. 176. To "frequent" a place is to frequently go there, or to be in the habit of going there. Therefore a conviction cannot

In old records. Fresh water, or rain and land flood. Cowell.

Such disseisin as a man may seek to defeat of himself, and by his own power, without the help of the king or judges. There was no limit set to the time within which this might be d

A fine levied within a year. St. Westminster II. (13 Edw. I.) c. 45; Cowell. 4. The heir or reversioner in a case of disseisin by fresh force was allowed a remedy in chancery by bi

An immediate pursuit of an escaping criminal. The phrase does not imply instant pursuit, but pursuit without unreasonable delay. See 27 Cal. 574; 70 Miss. 253. FRESH SUIT (Law Lat.

A fresh-water river, like a tidal river, is composed of the alveus, or bed, and the water; but it has banks instead of shores. Gould Waters, § 45. FRET (Ft.) In French marine law.

In old English law. Freight money. Cowell.

A strait. Fretum Britannic Mm, the strait between Dover and Calais. Otherwise called Fretum Gallicum. Cowell.

An order of religious persons of whom there were four principal branches, from whom the rest descend, viz.: (1) Franciscans, or Grey Friars; (2) Augustines; (3) Dominicans, or Blac

In civil law. A slight dissension between husband and wife, which produced a momentary separation, without any intention to dissolve the marriage, in which it differed from a divor

D. 622. Wharton.

or FRITHBORG. Frank pledge. Cowell. Security for the peace. Spelman. FRIDHBURGUS (Saxon). A kind of frank pledge, whereby the principal men were bound for themselves and servants.

In Saxon law. A seat, chair or place of peace; an asylum, refuge, or sanctuary for offenders. Spelman; Cowell.

In England. Mutual benefit societies, supported by subscription of the members, the benefits being of various kinds, — the periodical division of assets, sick or funeral benefits,

A suit brought by a creditor in chancery against an executor or administrator, being really a suit by the executor or administrator, in the name of a creditor, against himself, in

See "Amicus Curiae."

Impotence.

Persons of free descent, or freemen born; the middle class of persons among the Saxons. Spelman. F R I SC U S ( Law Lat.; from Pr. fresche). In old English law. Recent or new. Fris

A satisfaction or fine for a breach of the peace.

The breaking of the peace. Cowell.

The year of jubilee, or of meeting for peace and friendship. Jacob.

Guildhall; a company or fraternity for the maintenance of peace and security; also a fine for breach of the peace. Jacob.

A member of a company or fraternity. Blount.

Surety of defense; jurisdiction of the peace; the franchise of preserving the peace. Cowell; Spelman. sacred, and therefore affording sanctuary to criminals. Wharton.

Pleading interposed for delay, and its frivolous character indicates bad faith in the pleading. 51 Wis. 430.

or FREOMORTEL. An immunity for committing manslaughter. Mon. Angl. tit. 1, p. 173.

It was not necessary that jurors should have been summoned from every township in the county, in order to comply with the statute requiring jurors to be summoned from the "body of

Fruits enhance an inheritance. FRUCTUS PENDENTES PARS FUNDI videntur. Hanging fruits make part of the land. Dig. 6. 1. 44; 2 Bouv. Inst, note 1578. See "Larceny." FRUCTUS PERCEPTOS

Those products which are produced by the powers of nature alone; as, wool, metals, milk. 1 Kauffm. Mackeld. Civ. Law, § 154; Calv. Lex. Fructus Industrfales, Those products which a

The produce of a tree or plant which contains the seed, or is used for food. The term in legal acceptation, is not confined to the produce of those trees which in popular language

The produce of any possession detached therefrom, and capable of being enjoyed by itself. Thus, a next presentation, when a vacancy has occurred, is a fruit fallen from the advowso

In the law of evidence. Material objects acquired by means and in consequence of the commission of crime, and sometimes constituting the subject matter of the crime. Burrill, Circ

In the civil law. Grain; that which grows in an ear (wrista). Dig. 60, 16, 77.

The first payment made to the kindred of a slain person in recompense for his murder. Blount; Termes de la Ley; Leg. Edmundi, cap. ult.

In old records. -Uncultivated and desert ground. 2 Mon. Angl. 327; Cowell. FRU8SURA. A breaking; plowing. Frussura domorum, housebreaking. Cowell. FRUSTRA AGIT QUI JUDICIUM PROSEqu

QUOD fieri potest per pauciora. That is done vainly by many things, which might be accomplished by fewer. Jenk. Cent. Cas. 68; Wingate, Max. 177. FRUSTRA LEGIS AUXILIUM QUAERIT qui

In old records. A place overgrown with shrubs and bushes. Spelman; Blount.

In Spanish law. Fruits; products; produce; grains; profits. White, New Recop. bk. 1, tit. 7, c. 5, § 2. FRYTHE (Saxon). In old English law. An arm of the sea, or a strait between t

or FOCAQE. Hearth money; a tax laid upon each fireplace or hearth. 1 Bl. Comm. 324; Spelman. An Imposition of a shilling for every hearth, levied by Edward III. (the Black Prince)

In Spanish law. Compilations or general codes of law. The usages and customs which, in the course of time, had acquired the force of unwritten law. Letters of privilege and exempti

In Spanish law. A special tribunal taking cognizance of all matters relating to the postoffice and roads. Fuero de Guerra. In Spanish law. A special tribunal taking cognizance of a

In Spanish law. The body of laws granted to a city or town for its government and the administration of justice. '. Fuero Real. In Spanish law. A code of laws promulgated by Alonzo

In old English law. A drove of cattle. Blount.

In old English law. A chase. Spelman; Blount. FUGAM FECIT (Lat. he fled). In old English law. A phrase in an inquisition, signifying that a person fled for treason or felony. The e

A driver. Fugatores carrucarum, drivers of wagons. Fleta, lib. 2, e. 78.

In Scotch practice. To outlaw, by the sentence of a court; to outlaw for nonappearance in a criminal case. 2 Alis. Grim. Pr. 350.

In Scotch law. Outlawry.

One who, having committed a crime, flees from the jurisdiction within which it was committed, without waiting to abide the consequences of such crime. All that is necessary is that

In English law. One who, being accused of having committed a crime ip one part of the British empire, has left there, and gone to another part thereof. See "Fugitive from Justice."

One who, held in bondage, flees from his master's power.

In the civil law. A fugitive; a runaway slave. Dig. 11. 4; Code, 6. 1. See the various definitions of this word in Dig. 21. 1. 17.

Complete; exhaustive; detailed.

The age of twenty-one, by common law, of both males and females, and of twenty-five by the civil law. Litt. § 259; 1 Sharswood, Bl. Comm. 463; Vicat. Ld. Raym. 480; 2 Ld. Raym. 109

A term of relation, denoting descent from the same couple. Brothers and sisters of full blood are those who are born of the same father and mother, or, as Justinian calls them, "ex

In practice. A term applied to a court sitting in banc, and implying, strictly, the presence of all- the judges. 3 Chit. Gen. Prac. 2. The term "full bench" is frequently used.

In pleading. The formula of defense in a plea, stated at length and without abbreviation, thus: "And the said C. D. by E. F. his attorney, comes and defends the force (or wrong) an

Life in fact and In law. See "In Full Life."