The Cyclopedic Law Dictionary

See "Plena Prohatio."

A stream of water, such as comes from a mill. Blount.

Shares upon which the whole amount that could be called up have been called up. [1897] A. C. 164.

In old English law. The same as fuage, or smoke farthings. 1 Bl. Comm. 324. See "Fuage."

The occupation of an office. By the performance of its duties, the officer is said to fill his function. Dig. 32. 65. 1.

One who is in office or in some public employment. FUNCTUS OFFICIO (Lat.) A term applied to something which once has had life and power, but which has become of no virtue whatsoeve

This word is applied 6i power is restrained and regulated are fundamental. The constitution of the United States is the fundamental law of the land. See Wolff. Inst. § 984.

We found. One of the words by which a corporation may be created in England. 1. Bl. Comm. 473; 3 Steph. Coram. 173. FUNDATIO (Lat.) A founding.

A public debt for the payment of which money has been specifically appropriated. That part of the national debt for which certain funds are appropriated towards the payment of the

The term "funding" has been sometimes applied in this country to the process of collecting together a variety of outstanding debts against corporations, the principal of which was

The pledging of a specific fund to keep down the interest, and ultimately discharge the principal. When the extinguishment of the debt is contemplated, it is called a "sinking fund

Funding and refunding bonds are those issued to pay off prior indebtedness. If issued merely to pay floating indebtedness they are generally re-. ferred to as "funding" bonds, whil

Lands of inheritance.

Pioneers. Jacob.

In Its most restricted sense, cash on hand. In a wider sense it includes commercial paper (3 B. Mon. [Ky.] 8); in a still more extended sense, property of every kind, when such pro

Money expended in procuring the interment of a corpse. The nature and extent of the allowance for funeral expense varies with the solvency of the estate, and the discretion of the

A term applicable to things that are consumed by the use, as wine, oil, etc., the loan of which is subject to certain rules, and governed by the contract called mutuum. See Schmidt

See "Animus."

A fork; a gallows or gibbet. Bracton, fol. 56, FURCA ET FLAGELLUM (Lat. gallows and whip). The meanest of servile tenures, where the bondman was at the disposal of the lord for lif

Mulct paid for theft. Jacob.

A madman has no will. Dig. 50. 17. 5; Id. 1. 18. 13. 1; Broom, Leg. Max. (3d London Ed.) 282.

In Scotch law. Madness, as distinguished from fatuity or idiocy. FURIOSUS (Lat.) An insane man; a madman; a lunatic. In general, such a man can make no contract, because he has no

A madman is considered as absent. Dig. 50. 17. 24, 1, FURIOSUS NULLUM NEGOTIUM CONtrahere (gerere) potest (quia non Intelligit quod ag It). A lunatic cannot make a con-

A madman is punished by his madness alone. Co. Litt. 247; Broom, Leg. Max. (3d London Ed.) 14; 4 Sharswood, Bl. Comm. 24, 25. FURIOSUS STIPULARI NON POTEST nee aliquod negotium age

A measure of length, being forty poles, or one-eighth of a mile.

A permission given in the army and navy to an officer or private to absent himself for a limited time. FURNAGE (from furnus, an oven). A sum of money paid to the lord by the ten- '

Personal chattels in the use of a family. By the term "household furniture" in a will, all personal chattels will pass which may contribute to the use or convenience of the househo

This term Includes everjrtihing with which a ship requires to be furnished or equipped to make her seaworthy. It comprehends all articles furnished by ship chandlers, which are alm

Formerly an Inn of chancery. See "Inns of Chancery." FUROR CONTRAHI MATRIMONIUM because consent is needed. 1 Ves. & B. 140; 1 Bl. Comm. 439; 4 Johns. Ch. (N. Y.) 343, 345. FURST AN

A second or subsequent loan of money to a mortgagor by a mortgagee, either upon the same security as the original loan was advanced upon, or an additional security. Equity consider

This phrase is frequently used in covenants when a covenantor has granted an estate, and it is supposed some further conveyance may be required. He then enters into a covenant for

When a master ordinary in chancery made a report in pursuance of a decree or decretal order, the cause was again set down before the judge who made the decree or order, to be proce

In practice. Hearing at another time. FURTHER MAINTENANCE OF AC tion, plea to. A plea of matter arising since the commencement of the suit. FURTUIVI (Lat. theft). The fraudulent ap

(Lat.) The theft which was disclosed where, upon searching any one in the presence of witnesses in due form, the thing stolen is found. "Detected theft" is, perhaps, the nearest co

In old English law. A beating with sticks or clubs; one of the ancient kinds of punishment of malefactors. Bracton, fol. 104b, lib. 3, tr. 1, c. 6.

In old English law. A staff, used in making livery of seisin. Bracton, fol. 40. A baton, club, or cudgel. Spelman.

In Scotch law. A debt which is created, but which will not become due till a future day. 1 Bell, Comm. (5th Ed.) 315.

An estate which is to commence in possession in the future {in futuro). It includes remainders, reversions, and estates limited to commence in futuro without a particular estate to

See "Gambling Contract." FUTURI (Lat. those who are to be). Part of the commencement of old deeds. "Seiant praesentes et futuri, quod ego, talis, dedi et concessi," etc., let all m

One of the fines incurred for homicide.

or FFYLE (Scotch). In old Scotch practice. To declare or find guilty; literally, to defile; to make or declare foul; as clenge was to acquit, literally to clean or cleanse. "Swa th

In old Scotch practice. Fyled; found guilty. See "Fyle." FYNDERINGA (Saxon). An offense or trespass for which the fine or compensation was reserved to the king's pleasure. Leg. Hen

The military array or land force of the whole country. Contribution to the fyrd was one of the imposts forming the trinoda necessitas. Wharton.

The fine incurred by neg- G. In Law French. Frequently used at the beginning of words to express the English "W."; as "gage" for age" for "wainage," and the like.

GAFOL, or GAVEL. A tax, imposition, or duty. This word is said to have the same signification that gabelle formerly had in France. Cunningham. But this seems to be an error; for ga

In old European law. A tax or duty on merchandise or personalty. Spelman; Cowell. A tax on salt in France. Spelman; Brande.

GABULUM, or GABULA. The gable end of a building. Kennett, Par. Ant. p. 201; Cowell. A tax. Du Cange.

Rent paid In money. Seld. Tit. Hon. 321.

or GAFFOLDGILD. The. payment of rent or income. Gafolgild, payment of such rent, etc. Gafolland was land liable to tribute or tax (Cowell); or land rented (Saxon Diet.). See Tayl.

or GAGER (Law Lat. vadium). Personal property placed by a debtor in possession of his creditor as a security for the payment of his debt; a pledge or pawn (g. v.). Glanv. lib. 10,

ESTATES IN. Estates held in security, of which mortgages are the most common example.

When he who has distrained, being sued, has not delivered the cattle distrained, then he shall not only avow the distress, but gager de- G

Wager of law,

Profits. A mutual insurance company is an association for the purpose of "gain"; the reduction of a loss being a gain. 51 L. J. Ch. Div. 344.

Wainage, or the draught oxen, horses, wain, plough, and furniture for carrying on the work of tillage. Also, the land tilled itself, or the profit arising from it. Old Nat. Brev. f

Tillage, or the profit of tillage. Blount. GAJUM (from gagium). In old European law. A thick wood. Spelman.

In English law. The right to open and work a mine within the hundred of St. Briavels, or a stone quarry within the open lands of the forest of Dean, in Gloucestershire. The peculia

A galley. Spelman.

In old Scotch law. A kind of compensation for slaughter. Bell, Diet.

or GALLI HALFpence. A kind of coin which, with suskins and doitkins, was forbidden by St. 3 Hen. V. c. 1, 4 Bl. Comm. 99; 3 Reeve, Hist. Eng. Law, 261.

An erection on which to hang criminals condemned to death. GAM ACTA (Law Lat.) In old European law. A stroke or blow. L. Boior, tit. 2, c. 4; Spelman. GAMALIS (Law Lat.) In old Eur

One in which the parties in effect stipulate that they shall gain or lose upon the happening of an uncertain event in which they have no interest except that arising from the possi

or GAMING DE- The game played, the intangible result of the device, is to be distinguished from the device. Thus, the game of poker is not a "gambling device," 2 Orig. 238,

A policy of life insurance issued to one as beneficiary who has no interest in the life of the insured.

Birds and beasts of a wild nature, obtained by fowling and hunting. Bac. Abr. See 11 Mete. (Mass.) 79. All sorts of birds and beasts that are objects of the chase. Wharton, Sports.

Laws regulating the killing or taking of birds and beasts, as game. The English game laws are founded on the idea of restricting the right of taking game to certain privileged clas

A contract between two or more person Sf by which they agree to play by certain rules at cards, dice, or other contrivance, and that one may be the loser, and another the winner. T

Houses kept for the purpose of permitting persons to gamble for money or other valuable thing. They are nuisances in the eye of the law, being detrimental to the public, as they pr

In Spanish law. Property held in community. The property of which it is formed belongs in common to the two consorts, and, on the dissolution of the marriage, is divisible between

That which husband and wife, living together, acquire during matrimony, by a common title, lucrative or onerous; or those which husband and wife or either acquire by purchase, or b

Ofiicers in ancient times, whose business it was to examine weights and measures. Skene de Verb. Sign.

The time when the bounds of the parish are lustrated or gone over by the parish officers, — rogation week. Enc. Lond.; Rapalje & L.

A military punishment, in which the criminal running between the ranks receive? a lash from each man. Enc. Lond. This was called "running the gauntlett," the word itself being pron

This word, now generally written "jail" is said to be derived from the Spanish jaula, a cage (derived from caula); in French, geole, gaol. 1 Man. «& G. 222, note (a). A prison or b

The keeper of a gaol or prison; one who has the legal custody of the place where prisoners are kept. It is his duty to keep the prisoners in safe custody, and for this purpose he m

or GAOL LIMITS. A space, marked out by limits, which is considered as a part of the prison, and within which prisoners are allowed to go at large on giving security to return. Owin

or GARANTIA (Law Lat.) A warranty. Spelman. GARATHINX (Lomb.) In old Lombardic law. A gift; a free or absolute gift; a gift of the whole of a thing. Spelman.

A warrantor or vouchee, who is obliged by his warranty {garaurvtie) to warrant (garaunter) the title of the warrantee (garaunte), that is, to defend him in his seisin, and if he do

In old English statutes. To sort or cull out the good from the bad in spices, drugs, etc. Cowell; Blount.

An ancient officer in the city of London, who might enter into any shop, warehouse, etc., to view and search drugs and spices, and garble and

A ward of a city.

Custody; ward; care or keeping.

A guardian. Britt. c. 35, 81. Used as an English word in Co. Litt. 38b.

A piece of ground appropriated to raising plants and flowers. A garden is a parcel of a house, and passes with it. 2 Coke, 32; Plowd. 171; Co. Litt. 5b, 56a, 56b. But see P. Moore,

In English Law. Money paid by a prisoner to his fellow prisoners on his entrance into prison. To warn. To garnish the heir is to warn the heir. Obsolete. In Practice. To attach by

In practice. A person who has money or property in his possession belonging to a defendant, which money or property has been attached in his hands, and who has had notice of such a

In Old Practice. A warning to any one for his appearance, in a cause in which he is not a party, for the information of the court and explaining a cause. For example, in the practi

In old English law. Garniture; whatever is necessary for the fortification of a city or campj or for the ornament of a thing. 8 Rymer, 328; Du Cange; Cowell; Blount.

In old English law. An amerciament or fine. Cowell. See "Gressume"; "Grossome"; "Gersume."

See "Knights of the Garter."

In English Law. A yard; a little close or homestead in the north of England. Cowell; Blount. A dam or wear in a river, for the catching of fish. Id.

In old Scotch law. Warder. 1 Pitc. Crim. Tr. pt. 1, p. 8.

Gasachms. (L. Lat.) In old European law. An adversary in a cause. L. Salic, tit. 52, § 2. Spelman.

A steward or bailiff. Spelman. Also applied to higher officers, as a governor of a city. In the book of feuds it seems to have been used in the sense of "warden." GASTINE (Law Fr.)

Double commons. A term used in the English universities. Wharton. GAUGEATOR (Law Lat.) In old English law. A ganger or gager. Cowell.

An officer appointed to examine all tuns, pipes, hogsheads, barrels, and tierces of wine, oil, and other liquids, and to give them a mark of allowance, as containing lawful measure

In old English law. Tribute; toll; custom; yearly revenue, of which there were formerly various kinds. Jacob; Tayl. Hist. Gavelkind, 26, 102. See "Gabel."

In English Iaw._ Rent re-

A certain meastire of rent ale. Cowell.

A customary process, whereby the lord of lands in gavelkind might seize the land in the nature of a distress, to be returned to the tenant in case he paid the rent. Crabb, Hist. En