FLAG OF THE UNITED STATES. By the act entitled, "An act to establish
the flag of the United States," passed April 4, 1818, 3 Story's L. U. S., 1667,
it is enacted-
2. - §1. That from and after the fourth day of July next, the flag of the
United States be thirteen horizontal stripes, alternate red and white: that the
union be twenty stars, white in a blue field.
3. - §2. That, on the admission of every new state into the Union, one star
be added to the union of the flag; and that such addition shall take effect on
the fourth day of July then next succeeding such admission.
FLAGRANS CRIMEN. This, among the Romans, signified. that a crime was
then or had just been committed for example, when a crime has just been
committed and the corpus delictum is publicly exposed; or if a mob take place;
or if a house be feloniously burned, these are severally flagrans cri men.
2. The term used in France is flagrant delit. The code of criminal
instruction gives the following concise definition of it, art. "Le delit qui se
commet actuellement ou qui vient de se coramettre, est un flagrant delit."
FLAGRANTE DELICTO. The act of committing a crime; when a person is
arrested flagrante delicto, the only evidence required to convict him, is to
prove that fact.
FLEET, punishment, Eng. law, Saxon fleot. 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.
FLETA. The title of an ancient law book, supposed to have been written
by a judge who was confined in the Fleet prison. It is written in Latin, and is
divided into six books. The author lived in the reigns of Ed. II. and Ed. III.
See lib. 2, cap. 66, § Item quod nullus; lib. 1, cap. 20, § qui coeperunt, pref.
to 10th Rep. Edward II. was crowned, A. D. 1306. Edward III. was crowned 1326,
and reigned till A. D. 1377. During this period the English law was greatly
improved, and the lawyers and judges were very learned. Hale's Hist. C. L. 173.
Blackstone 4 Com. 427, says, of this work, "that it was for the most part law,
until the alteration of tenures took place." The same remark he applies to
Britton and Hingham.
FLIGHT, crim. law. The evading the course of justice, by a man's
voluntarily withdrawing himself. 4 Bl. Com. 387. Vide Fugitive from justice.
FLORIDA. The name of one of the new states of the United States of
America. It was admitted into the Union by virtue of the act of congress,
entitled An Act for the admission of the states of Iowa and Florida into the
Union, approved March 3, 1845.
2. The constitution was adopted on the eleventh day of January, eighteen
hundred and thirty-nine. The powers of the government are divided into three
distinct branches, namely, the legislative, the executive, and the judicial,
3. - §1. Of the legislative power. 1. The legislative power of this state
shall be vested in two distinct branches, the one to be styled the senate, the
other the house of representatives, and both together, "The General Assembly of
the State of Florida," and the style of the laws shall be, "Be it enacted by the
Senate and House of Representatives of the State of Florida in General Assembly
4. 2. A majority of each house shall constitute a quorum to do business, but
smaller number may adjourn from day to day, and may compel the attendance of
absent members in such. manner, and under such penalties, as each house may
5. - 3. Each house may determine the rules of its own proceedings, punish its
members for disorderly behaviour, and, with the consent of two-thirds, expel a
member; but not a second time for the same cause.
6. - 4. Each house, during the session, may punish by imprisonment, any
person not a member, for disrespectful or disorderly behaviour in its presence,
or for obstructing any of its proceedings, provided such imprisonment shall not
extend beyond the end of the session.
7. - 5. Each house shall keep a journal of its proceedings, and cause the
same to be published immediately after its adjournment, and the yeas and nays
of, the members of each house shall be taken, and entered upon the journals,
upon the final passage of every bill, and may, by any two members, be required
upon any other question, and any member of either house shall have liberty to
dissent from, or protest against, any act or resolution which he may think
injurious to the public, or an individual, and have the reasons of his dissent
entered on the journal.
8. - 6. Senators and representatives shall in all cases, except treason,
felony or breach of the peace, be privileged from arrest during the session of
the general assembly, and in going to, or returning from the same, allowing one
day for every twenty miles such member may reside from the place at which the
general assembly is convened; and for any speech or debate, in either house,
they shall not be questioned in any other place.
9. - 7. The general assembly shall make provision, by law, for filling
vacancies that may occur in either house, by the death, resignation, (or
otherwise,) of any of its members.
10. - 8. The doors of each house shall be open, except on such occasions as,
in the opinion of the house, the public safety may imperiously require
11. - 9. Neither house shall, without the consent of the other, adjourn for
more than three days, nor, to any other place than that in which they may be
12. - 10. Bills may originate in either house of the general assembly, and
all bills passed by one house may be discussed, amended or rejected by the
other; but no bill shall have the force of law until, on three several days, it
be read in each house, and free discussion be allowed thereon, unless in cases
of urgency, four-fifths of the house in which the same shall be depending, may
deem it expedient to dispense with the rule; and every bill, having passed both
houses, shall be signed by the speaker and president of their respective
13. - 11. Each member of the general assembly shall receive from the public
treasury such compensation for his services,as may be fixed by law, but no
increase of compensation shall take effect during the term for which the
representatives were elected when such law passed.
14. - 12. The sessions of the general assembly shall be annual, and commence
on the fourth Monday in November in each year, or at such other time as may be
prescribed by law.
15. The senators will be considered with regard, 1. To the qualification of
the electors. 2. The qualification of the members. 3. The number of members. 4.
The time of their election. 5. The length of service.
16. - 1st. The senators shall be elected by the qualified voters. Const. art.
4, s. 5.
17. - 2d. No man shall be a senator unless be be a white man, a citizen of
the United States, and shall have been an inhabitant of Florida two years next
preceding his election, and the last year thereof a resident of the district or
county for which he shall be chosen, and shall have attained the age of
twenty-five years. Const. art. 4, s. 5. And to this there are the following
exceptions: All banking officers of any bank in the state are ineligible until
after twelve-months after they shall go out of such office. Art. 6, 3. All
persons who shall fight, or send, or accept a duel, the probable issue of which
may be death, whether committed in or out of the state. Art. 6, s. 5. All
collectors or holders of public money. Art. 6, s. 6. All ministers of the
Gospel. Art. 6, s. 1 0. All persons who shall have procured their elections by
bribery. All members of congress, or persons holding or exercising any, office
of profit under the United States, or under a foreign power. Art. 6, s. 18.
18. - 3d. The number of senators may be varied by the general assembly, but
it shall never be less. than one-fourth, nor more than one-half of the whole
number of the house of representatives. Art. 9, s. 2.
19. - 4th. The time and place of their election is the same as those for the
house of representatives. Art. 4, s. 5.
20. - 5th. They are elected for the term of two years. Art. 4, s. 5.
21. The house of representatives will be considered under the same beads.
22. - 1st. Members of the house of representatives shall be chosen by the
23. - 2d. No person shall be a representative unless he be a white man, a
citizen of the United States, and shall have been an inhabitant of the state two
years next preceding his election, and the last year thereof a resident of the
county for which he shall be chosen, and have attained the age of twenty-one
years. Art. 4, s. 4. And the same persons are disqualified, who are disqualified
24. - 3d. The number of members shall never exceed sixty. Art. 4, s. 18.
25. - 4th. The. time of holding the election is the first Monday of October
26. - 5th. Members of the house of representatives are elected for one year
from the day of the commencement of the general election, andno longer. Art. 4,
27. - §2. Of the executive. The supreme executive power is vested in a chief
magistrate, who is styled the governor of Florida. Art. 3.
28. No person shall be eligible to the office of governor, unless he shall
have attained the age of thirty years, shall have been a citizen of the United
States ten years, or an inhabitant of Florida at the time of the adoption of the
constitution, (being a citizen of the United States,) and shall have resided in
Florida at least five years preceding the day of election.
29. The governor shall be elected for four years, by the qualified electors,
at the time and place where they shall vote for representatives; and shall
remain in office until a successor shall be chosen and qualified, and shall not
be eligible to reelection until the expiration of four years thereafter. 30. His
general powers are as follows: 1. He is commander-in-chief of the army, navy,
and militia of the state. 2. He shall take care that the laws be faithfully
executed. 3 . He may require information from the officers of -the executive
department. 4. He may convene the general assembly by proclamation upon
particular occasions. 5. He shall, from time to time, give information to the
general assembly. 6. He may grant pardons, after conviction, in all cases except
treason and impeachment, and in these cases, with the consent of the senate; and
he may respite the sentence in these cases until the end of the next session of
the senate. 7. He, may approve or veto bills.
31. In case of vacancy in the office of governor, the president of the senate
shall act in his place, and in case of his default, the speaker of the house of
representatives shall fill the office of governor. Art. 3, s. 21.
32. - §3. Of the judicial department. 1. The judicial power of this state,
both as to matters of law and equity, shall be vested in a supreme court, courts
of chancery, circuit courts, and justices of the peace: Provided, the, general
assembly may also vest such criminal jurisdiction as may be deemed necessary in
corporation courts; but such jurisdiction shall not extend to capital offences.
Art. 5, s. 1.
33. - 2. Justices of the supreme court, chancellors, and judges of the
circuit courts, shall be elected by, the concurrent vote of a majority of both
houses of the general assembly. Art. 5, s. 11.
34. - 3. The judges of the circuit courts shall, at the first session. of the
general assembly to be holden under the constitution, be elected for the term of
five years and shall hold their office, for that term, unless sooner removed,
under the provisions in the constitution; and at the expiration of five years,
the justices of the supreme courts, and the judges of the circuit courts, shall
be elected for the term of, and during their good behaviour.
35. Of the supreme court. 1. The powers of the supreme court are vested in,
and its duties performed by, the judges of the several circuit courts, and they,
or a majority of them, shall hold such session of the supreme court, and at such
time and place as may be directed by law. Art. 5, s. 3. But no justice of the
supreme court shall sit as judge, or take any part in the appellate court, on
the trial or hearing of any case which shall have been decided by him in the
court below. Art. 5, s. 18.
36. - 2. The supreme court, except in cases otherwise directed in this
constitution, shall have appellate jurisdiction only. Provided, that the said
court shall always have power to issue writs of injunction, mandamus, quo
warranto, habeas corpus, and such other remedial and original writs, as may be
necessary to give it a general superintendance and control of all other courts.
Art. 5, s. 2 .
37. - 3. The supreme court shall exercise appellate jurisdiction in all cases
brought by appeal or writ of error from the several circuit courts, when the
matter in controversy exceeds in amount or value fifty dollars.
38. Of the circuit courts. 1. The state is to be divided into circuits, and
the circuit courts, held within such circuits, shall have original jurisdiction
in all matters, civil and criminal, within the state, not otherwise excepted in
this constitution. Art. 5, s. 6.
FLORIN. The name of a foreign coin. In all computations of customs,
the florin of the southern states of Germany, shall be estimated at forty cents;
the florin of the Austrian empire, and of the city of Augshurg, at forty-eight
and one-half cents. Act March 22, 1846. The florin of the United Netherlands is
computed at the rate of forty cents. Act of March 2, 1799, §61. Vide Foreign
FLOTSAM, or FLOTSAN. A name for the goods which float upon the sea
when a ship is sunk, in distinction from Jetsam, (q. v.) and Legan. (q. v.)
Bract. lib. 2, c. 5; 5 Co. 106; Com. Dig. Wreck, A Bac. Ab. Court of Admiralty,
FLUMEN, civ. 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.
B. 2, t. 9, n. 9. Vicat, ad vocem. See Stillicidium.
FOEDUS. A league; a compact.
FOENUS NAUTICUS . The name given to marine interest. (q. V.)
2. The amount of such interest is not limited by law, because the lender runs
the risk of losing, his principal. Ersk. Inst. B. 4, t. 4, n. 76. See Marine
FOETICIDE, med. jur. Recently, this term has been applied to designate
the act by which criminal abortion is produced. 1 Beck's Med. Jur. 288; Guy,
Med. Jur. 133. See Infanticide; Prolicide.
FOETURA, civil law. The produce of animals, and the fruit of other
property, which are acquired to the owner of such animals and property, by
virtue of his right. Bowy. Mod. C. L. c. 14, p. 81.
FOETUS, med. jur. The unborn child. The name of embryo is sometimes
given to it; but, although the terms are occasionally used indiscriminately, the
latter is more frequently employed to designate the state of an unborn child
during the first three months after conception, and by some until quickening. A
foetus is sometimes described by the uncouth phrase of infant in ventre sa
2. It is sometimes of great importance, particularly in criminal law, to
ascertain the age of the foetus, or how far it has progressed towards maturity.
There are certain signs which furnish evidence on this subject, the principal of
which are, the size and weight, and the formation of certain parts as the
cartilages, bones, &c. These are not always the same, much of course must
depend upon the constitution and health of the mother, and other circumstances
which have an influence on the foetus. The average length and weight of the
foetus at different periods of gestation, as deduced by Doctor Beck, from
various observers, as found by Maygrier, is here given.
- - Beck. - Maygrier. - Beck. - Maygrier. - -
ý¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸ƒ¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸ƒ¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸ƒ¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸* - - Length. -
Weight. - - ý¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸®¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸®¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸®¸¸¸¸¸¸¸¸¸¸¸¸¸¸¸*
-30 days. -3 to 5 lines. -10 to 12 lines.- -9 to 10 grains.- - 2 Months -2
inches -4 inches. -2 ounces. -5 drachms. - - 3 do. -3€ inches. -6 inches. -2 to
3 ounces. -2€ ounces. - - 4 do. -5 to 6 inches.-8 inches. -4 to 6 ounces. -7 to
8 ounces. - - 5 do. -7 to 9 inches -10 inches. -9 to 10 ounces. -16 ounces. - -
6 do. -9 to 12 inches-12 inches. -1 to 2 pounds. -2 pounds. - - 7 do. -12 to 14
inches.-14 inches. -2 to 3 pounds. -3 pounds. - - 8 do. -16 inches. -16 inches.
-3 to 4 pounds. -4 pounds. -
3. The discordance apparent between them proves that the observations which
have been made, are only an approximation to truth.
4. It is proper to remark that the Paris pound poids de marc, which was the
weight used by Maygrier, differs from avoirdupois weight used by Dr. Beck. The
pouud poids de marc, of sixteen ounces, contains 9216 Paris grains, whilst the
avoirdupois contains only 8532.5 Paris grains. The Paris inch is 1.065977
English inch. Vide, generally, 1 Beck's Med. Jur. 239; 2 Dunglison's Human
Physiology, 391; Ryauls Med. Jur. 137; 1 Chit. Med. Jur. 403; I Briand, Med.
Leg. prem. partie, c. 4, art. 2; and the articles Birth; Dead Born; Foeticide;
In ventre sa mere; infanticide; Life; and Quick with child.
FOLCMOTE. The name of a court among the Saxons. It was literally an
assembly of the people or inhabitants of the tithing or town, its jurisdiction
extended over disputes between neighbors, as to matters of trespass in meadows,
corn, and the like.
FOLD-COURSE, Eng. law. By this phrase is understood land used as a
sheepwalk; it also signifies land to which the sole right of folding the cattle
of others is appurtenant; sometimes it means merely such right of folding. It is
also used to denote the right of folding on another's land, which is called
common foldage. Co. Litt. 6 a, note 1; W. Jo. 375 Cro. Cal. 432; 2 Vent.
FOLK-LAND, Eng. law. Land formerly held at the pleasure of the lord,
and resumed at his discretion. It was held in villenage. 2 Bl. Com. 90.
FOOT. A measure of length, containing one-third of a yard, or twelve
inches. See Ell. Figuratively, it signifies the conclusion, the end; as, the
foot of the fine, the foot of the account.
FOOT OF THE FINE, estates, conveyancing. 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
Bl. Com. 351.
FOR THAT, pleading. It is a maxim in law, regulating alike every form
of action, that the plaintiff shall state his complaint in positive and direct
terms, and not by way of recital. "For that," is a positive allegation; "For
that whereas," in Latin "quod cum," (q. v.) is a recital. Hamm. N. P. 9.
FORBEARANCE, contracts. The act by which a creditor waits for the
payment of the debt due him by the debtor, after it has become due.
2. When the creditor agrees to forbear with his debtor, this is a sufficient
consideration to support an assumpsit made by the debtor. 4 John. R. 237; 2.
Nott & McCord, 133; 2 Binn. R. 510; Com. Dig. Action upon the case upon
assumpsit, B 1; Dane's Ab. Index, h. t.; 1 Leigh's N. P. 31; 1 Penna. R. 385; 4
Wash. C. C. R. 148; 5 Rawle's R. 69.
3. The forbearance must be of some right which can be enforces with effect
against the party forborne; if it cannot be so enforced by the party forbearing,
he has sustained no detriment, and the party forborne has derived no benefit. 4
East, 455 5 B. & Ald. 123. See 1 B. & A. 605 Burge on Sur. 12, 13. Vide
Giving time. FORCE. A power put in motion. It is: 1. Actual; or 2. Implied.
2. - §1. If a person with force break a door or gate for an illegal purpose,
it is lawful to oppose force to force; and if one enter the close of another, vi
et armis, he may be expelled immediately, without a previous request; for there
is no time to make a request. 2 Salk. 641; 8 T. R. 78, 357. And see tit.
Battery, §2. When it is necessary to rely upon actual force in pleading, as in
the case of a forcible entry, the words "manu forti," or with a strong hand
should be adopted. 8 T. R. 357 358. But in other cases, the words "vi et armis,"
or " with force and arms," is sufficient. Id.
3. - §2. The entry into the ground of another, without his consent, is
breaking his close, for force is implied in every trespass quare clausum fregit.
1 Salk. 641; Co. Litt. 257, b; 161, b; 162, a; 1 Saund: 81, 140, n. 4 8 T: R.
78, 358; Bac. Ab. Trespass; this Dict. tit. Close. In the case of false
imprisonment, force is implied. 1 N. R. 255. And the same rule prevails where a
wife, a daughter or servant, have been enticed away or debauched, though in fact
they consented, the law considering them incapable of consenting. See 3 Wils.
18; Fitz. N. B. 89, 0; 5 T. R. 361; 6 East, 387; 2 N. R. 365, 454.
4. In general, a mere nonfeasance cannot be considered as forcible; for where
there has been no act, there cannot be force, as in the case of the mere
detention of goods without an unlawful taking. 2 Saund. 47, k 1. In general, by
force is understood unlawful violence. Co. Litt. 161, b.; Bouv. Inst. Index, h.
t. Vide Arms.
FORCE AND ARMS. The same as vi et armis. (q. v.)
FORCED HEIRS. In Louisiana they are those persons whom the testator or
donor cannot deprive of the porttion of his estate reserved for them by law,
except in cases where he has a just cause to disinherit them. Civ. Code of Lo.
art. 1482. As to the portion of the estate they are entitled to, see the article
Legitime. As to the causes for which forced heirs may be deprived of this right,
FORCIBLE ENTRY or DETAINER, crim. law. An offence committed by
unlawfully and violently taking or keeping possession of lands and tenements,
with menaces, force and, arms, and without the authority of law. Com. Dig. h.
2. The proceedings in case of forcible entry or detainer, are regulated by
statute in the several states. ( q. v.) The offence is generally punished by
indictment. 4 Bl. Com. 148 Russ. on Cr. 283. A forcible entry and a forcible
detainer, are distinct offences. 1 Serg. & Rawle, 124; 8 Cowen, 226.
3. In the civil and French law, a similar remedy is given for thing offence.
The party injured has two actions, a criminal or a civil. The action is called
actio interdictum undevie. In French, l'action reintegrande. Poth. Proc. Civ.
Partie 2, c. 3, art. 3; 11 Toull. Nos. 123, 134, 135, 137, pp. 179, 180, 182,
and, generally, from p. 163. Vide, generally, 3 Pick. 31; 3 Halst. R. 48; 2
Tyler's R. 64; 2 Root's R. 411; Id . 472; 4 Johns. R. 150; 8 Johns. R. 44; 10
Johns. R. 304; 1 Caines' R. 125; 2 Caines' R. 98; 9 Johns. R. 147; 2 Johns. Cas.
400; 6 Johns. R. 334; 2 Johns. R. 27; 3 Caines' R. 104; 11 John. R. 504; 12
John. R. 31; 13 Johns. R. 158; Id. 340; 16 Johns. R. 141; 8 Cowen, 226; 1 Coxe's
R. 258; Id. 260; 1 South. R. 125; 1 Halst. R. 396; 3 Id. 48; 4 Id. 37; 6 Id. 84;
1 Yeates, 501; Addis. R. 14, 17, 43, 316, 355; 3 Serg. & Rawle, 418; 3
Yeates, 49; 4 Dall. 212; 4 Yeates, 326; 3 Harr. & McHen. 428; 2 Bay, R. 355;
2 Nott & McCord, 121; 1 Const. R. 325; Cam. & Norw. 337, 340; Com. Dig.
h. t.; Vin. &b. h. t.; Bac. Ab. h. t.; 2 Chit. Pr. 281 to 241.
4. The civil law punished even the owner of an estate, in proportion to the
violence used, when he forcibly took possession of it, a fortiori, a stranger.
Domat, Supp. au Dr. Pub. 1. 3, t. 4, s. 3.
FORECLOSURE, practice. A proceeding in chancery, by which the
mortgagor's right of redemption of the mortgaged premises is barred or
2. This takes place when the mortgagor has forfeited his estate by
non-payment of the money due on the mortgage at the time appointed, but still
retains the equity of redemption; in such case the mortgagee may file a bill,
calling on the mortgagor, in a court of equity, to redeem his estate presently,
or in default thereof, to be forever closed or barred from any right of
3. In some cases, however, the mortgagee obtains a decree for a sale of the
land, under the direction of an officer of the court, in which case the proceeds
are applied to the discharge of encumbrances, according to their priority. This
practice has been adopted in Indiana, Kentucky, Maryland, South Carolina,
Tennessee, and Virginia. 4 Kent, Com., 180. When it is the practice to foreclose
without a sale, its severity is mitigated by enlarging the time of redemption
from six months to six months, or for shorter periods, according to the equity
arising from the circumstances. Id. Vide 2 John. Ch. R, 100; 6 Pick. R. 418; 1
Sumn. R. 401; 7 Conn. R. 152; 5 N; H. Rep. 30; 1 Hayw. R. 482; 5 Han. R. 554; 5
Yerg. 240; 2 Pick. R. 40; 4 Pick. R. 6; 2 Gallis. 154; 9 Cow n's R. 346; 4
Greenl. R. 495; Bouv. Inst. Index, h. t.
FOREHAND RENT, Eng. 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 considered in the nature of an improved
rent. 1 T. R. 486; 3 T. R. 461; 3 Atk. 473; Crabb. on R. P. §155.