Forthwith
Defined in 9 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Burrill (1850), Bouvier (1839)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
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" have the same meaning. They are stronger than the expression "within a reasonable time," and imply prompt, vigorous action, without any delay, and whether there has been such action is a question of fact, having regard to the circumstances of the particular case. 4 Q. B. Div. 471; 4 Tyrwh. 837. Where a judge has to do a thing "forthwith" after the happening of something else, the word will have a different meaning according as the act to be done is: (1) Ministerial and demandable ex debito justitiae; or (2) judicial. If the act comes within the first of these classes the word will mean, "forthwith upon the application of the party entitled to have the act done." 28 L. J. M. C. 196. Where, however, the act to be done is judicial and discretionary, "forthwith" is synonymous with "immediately." 12 L. J. Q. B. 273; 23 L. J. Ex. 200; 29 L. J. Q. B. 191. In a contract, and the ordinary transactions of life, "forthwith" does not usually mean "immediately," 34 L. J. C. P. 241; but means "with all reasonable celerity." 7 M. & G. 494. In a rule of court it has been construed to mean twenty-four hours. 2 Edw. Ch. (N. Y.) 328. But no such construction has been given to the term when used in a statute. "Without delay" is a reasonable meaning in a statute. 39 How. Prac. (N. Y.) 392, affirming 11 Abb. Prac. (N. Y.) 473; 20 How. Prac. (N. Y.) 222.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
As soon as by reasonable exertion, confined to the object, it may be accomplished. (Approved in Dickerman v. Trust Co., 176 U. S. 193, 20 Sup. Ct. 311, 44 L. Ed. 423.) This is the import of the term; it varies, of course, with every particular case; 4 Tyrwh. 837; Edwards v. Ins. Co., 75 Pa. 378. See Scammon v. Ins. Co., 101 111. 021; 11 H. L. Cas. 337; Bennett v. Ins. Co., 67 N. Y. 274; Pennsylvania R. Co. v. Reichert, 58 Md. 261; Meriden Silver Plate Co. V. Flory, 44 Ohio St. 437, 7 N. E. 753. It is not as promptly as Immediately; in some cases it might mean within a reasonable time; 7 Dowl. 789. When a defendant is ordered to plead forthwith, he must plead within twenty-four hours; Wharton. In other matters of practice, the word has come to have the same meaning; 2 Edw. 328; Dickerman v. Trust Co., 176 U. S. 193, 20 Sup. Ct. 311, 44 L. Ed. 423. A demand for an account forthwith is not the same In substance and effect as a demand -for an account within 15 days; Green v. Kelley, 64 Vt. 309, 24 Atl. 133. Where a verdict was returned between noonand one p. m. on Saturday, while the justice was hearing other cases, an entry of judgment on the verdict on Monday was sufficient under a statute requiring it to be rendered “forthwith”; Sorenson v. Swensen, 66 Minn. 58, 50 N. W. 350, 43 Am. St. Rep. 472. Where a chattel mortgage must “be forthwith deposited” to affect subsequent hona fide purchasers, the filing more than three months after execution was notice to pur-' chasers who took title after the filing; Vickers V. Carnahan, 4 Tex. Civ. App. 306, 23 S. W. 338. A statute providing that an order to revive an action may be made forthwith, means at the first term after plaintiff’s death; Horsley v. Asher’s Heirs, 94 Ky. 314, 22 S. W. 434. When an insurance policy required notice of loss to be given forthwith, it was sufficient twelve days after the fire when no harm was caused by delay; Capitol Ins. Co. V. Wallace, 60 Kan. 453, 31 Pac. 1070. FORTIA (Lat). A word, of art, signifying the furnishing a weapon of force to do the fact, and by force whereof the fact was committed, and he that furnished It was not present when the act was done. Co. 2d Inst. 182. The general meaning of the word is an un-
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Law Dictionary and Glossary
George C. Kinney · 1893
Without delay; within a reasonable time.
A Dictionary of Law
Henry Campbell Black · 1891
As soon as, by reasonable exertion, confined to the object, a thing may be done. Thus, when,a defendant is ordered to plead forthwith, he must plead within twenty-four hours. When a statute enacts that an act is to be done “forthwith,” i¢ means that the act is to be done within a reasonable time. J Chit. Archb. Pr. (12th Ed.) 164.
A Dictionary of Law
William C. Anderson · 1889
Has a relative meaning, and will imply a longer or a shorter period, according to the nature of the ihing to be done. 2 1. Immediately; without delay; directly.' 3. Within reasonable time; with convenient celerity; with reasonable diligence.^ Witli due diligence, under the circumstances.^ As soon as, by reasonable exertion con£jied to the 'Object, an act may be done." In some matters of practice, within twenty-four hours.' See Imuediatelt; Instasteb; Possible; Time, Reasonable.
A New Law Dictionary and Glossary
Alexander M. Burrill · 1850
In practice. A term sometimes used in rules and other proceedings; which, according to Mr. Chitty, seems to import that the requisite act shall be performed as soon as, by reasonable exertion confined to that object, it might be; and which must consequently vary according to the circumstances of each particular case. 8 Chitt. Oen. Pr. 112.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
When a thing is to be done forthwith, it seems that it must be performed as soon as by reasonable exertion, confined to that object, it may be done. This is the import of the term; it varies course with every partcniee case. 4 Tyr. 837. FORTIORI ora b fortiori, an epithet for any conclusion or inference, which is much stronger than another. “If it be so, in a feoffment, passing a new right, @ fortiori, much more is it for the restitution of an ancient right.” Co. Litt. 253, 260.