FORUM. This term signifies jurisdiction, a court of justice, a
2. The French divide it into for exterieur, which is the authority which
human justice exercises on persons and property, to a greater or lesser extent,
according to the quality of those to whom it is entrusted; and for interieur,
which is the moral sense of justice which a correct conscience dictates. Merlin,
Repert. mot For.
3. By forum res sitae is meant the tribunal which has authority to decide
respecting something in dispute, located within its jurisdiction; therefore, if
the matter in controversy is land, or other immovable property, the judgment
pronounced in the forum res sitae is held to be of universal obligation, as to
all matters of right and title on which it professes to decide, in relation to
such property. And the same principle applies to all other cases of proceedings
in rem, where the subject is movable property, within the jurisdiction of the
court pronouncing the judgment. Story, Const. Laws, §§532, 545, 551, 591, 592;
Kaims on Eq. B. 3, c. 8, s. 4 1 Greenl. Ev. §541.
FORWARDING MERCHANT, contracts. 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 vessels or wagons
by which they are transported, and no interest in the freight. Such an one is
Dot deemed a common carrier, but a mere warehouseman or agent. 12 Johns. 232; 7
Cowen's R. 497. He is required to use only ordinary diligence in sending the
property by responsible persons. 2 Cowen's R. 593.
FOSSA, Eng. law. A ditch full of water, where formerly women who had
committed a felony were drowned; the grave. Cowel, Int.
FOUNDATION. This word, in the English law, is taken in two senses,
fundatio incipiens, and fundatio perficiens. As to its political capacity, an
act of incorporation is metaphorically called its foundation but as to its
dotation, the first gift of revenues is called the foundation. 10 Co. 23, a.
FOUNDLING. A new-born child, abandoned by, its parents, who are
unknown. The settlement of, such a child is in the place where found.
FOURCHER, English law. A French word, which means to fork. Formerly,
when an action was brought against two, who, being jointly concerned, mere not
bound to answer till both appeared, and they agreed not to appear both in one
day; the appearance of one, excused the other's default, who had a day given him
to appear with the other: the defaulter, on the day appointed, appeared; but the
first then made default; in this wanner they forked each other, and practiced
this for delay. Vide 2 Inst. 250; Booth, R. A. 16.
FRACTION. A part of any thing broken. A combination of numbers, in
arithmetic and algebra, representing one or more parts of a unit or integer.
Thus, four-fifths is a fraction, formed by dividing a unit into-five equal
parts, and taking one part four times. In law, the term fraction is usually
applied to the division of a day.
2. In general, there are no fractions in days. Co. Litt. 225 2 Salk. 625; 2
P. A. Browne, 18; II Mass. 204. But in some cases a fraction will be taken into
the account, in order to secure a party his rights; 3 Chit. Pr. 111; 8 Ves. 80 4
Campb. R. 197; 2 B. & Ald. 586; Savig. Dr. Rom. §182; Rob. Dig. of Engl.
Statutes in force in Pennsylvania, 431-2 and when it is required by a special
law. Vide article Date.
FRANC, com. law. The name of a French coin. Five franc pieces, when
not of less fineness than ten ounces and sixteen pennyweights in twelve ounces
troy weight of standard silver, and weighing not less than three hundred and
eighty-four grains each, are made a legal tender, at the rate of ninety-three
cents each. Act of June 25, 1834, s. 1, 4 Sharsw. Cont. of Story's L. U. S.
2. In all computations at the custom house, the franc of France and of
Belgium shall be estimated at eighteen cents six. mills. Act of May 22, 1846.
See Foreign coins.
FRANCHISE. This word has several significations: 1. It is a right
reserved to the people by the constitution; hence we say, the elective
franchise, to designate the right of the people to elect their officers. 2. It
is a certain privilege, conferred by grant from the government, and Vested in
2. Corporations, or bodies politic, are the most usual franchises known to
our law. They have been classed among incorporeal hereditaments, perhaps
improperly, as they have no inheritable quality.
3. In England, franchises are very numerous; they, are said to be royal
privileges in the hands of a subject. Vide 3 Kent, Com. 366; 2 Bouv. Inst. n.
1686; Cruise,' Dig. tit. 27; 2 Bl. Com. 37; 15 Serg. & Rawle, 130; Finch,
FRANCIGENA. Formerly, in England, every alien was known by this name,
as Franks is the generic name of foreigners in the Turkish dominions.
FRANK. The privilege of sending and receiving letters, through the
mails, free of postage.
2. This privilege is granted to various officers, not for their own special
benefit, but with a view to promote the public good.
3. The Act of the 3d of March, 1845, s. 1, enacts, That members of congress,
and delegates from the territories, may receive letters, not exceeding two
ounces in weight, free of postage, during the recess of congress; and the same
privilege is extended to the vice-president of the United States.
4. It is enacted, by 3d section, That all printed or lithographed circulars
and handbills, or advertisements, printed or lithographed, on quarto post or
single cap paper, or paper not larger than single cap, folded, directed, and
unsealed, shall be charged with postage, at the rate of two cents for each
sheet, and no more, whatever be the distance the same may be sent; and all
pamphlets, magazines, periodicals, and every other kind and description of
printed or other matter, (except newspapers,) which shall be unconnected with
any manuscript communication whatever, and which it is or may be lawful to
transmit by the mail of the United States, shall be charged with postage, at the
rate of two and a balf cents for each copy sent, of no greater weight than one
ounce, and one cent additional shall be charged for each additional ounce of the
weight of every such pamphlet, magazine, matter, or thing, which may be
transmitted through the mail, whatever be the distance the tame may be
transported and any fractional excess, of not less than one-half of an ounce, in
the weight of any such matter or thing, above one or more ounces, shall be
charged for as if said excess amounted to a full ounce.
5. And, by the 8th section, That each member of the senate, each member of
the house of representatives, and each delegate from a territory of the United
States, the secretary of the senate, and the clerk of the house, of
representatives, may, during each session of congress, and for a period of
thirty days before the commencement, and thirty days after the end of each and
every session of congress, Bend and receive through the mail, free of postage,
any letter, newspaper, or packet, not exceeding two ounces in weight; and all
postage charged upon any letters, packages, petitions memorials, or other
matters or things, received during any session of congress, by any senator,
member, or delegate of the house of representatives, touching his official or
legislative duties, by reason of any excess of weight, above two ounces, on the
matter or thing so received, shall be paid out of the contingent fund of the
house of which the person receiving the same may be a member. And they shall
have the right to frank written letters from themselves during the whole year,
as now authorized by law.
6. The 5th section repeals all acts, and parts of acts, granting or
conferring upon any person whatsoever the franking privilege.
7. The 23d section enacts, That nothing in this act contained shall be
construed to repeal the laws granting the franking privilege to the president of
the United States when inoffice, and to all ex-presidents, and the widows of the
former presidents, Madison and Harrison.
8. The Act of March 1, 1847, enacts as follows
§3. That all members of Congress, delegates from territories, the
vice-president of the United States, the secretary of the senate, and the clerk
of the house of representatives, shall have the power to send and receive public
documents free of postage during their term of office; and that the said members
and delegates shall have the power to send and receive public documents, free of
Postage, up to the first Monday of December following the expiration of their
term of office.
§4. That the secretary of the senate and clerk of the house of
representatives shall have the power to receive, as well as to send, all letters
and packages, not weighing over two ounces, free of postage, during their term
§5. That members of congress shall have the power to receive, as well as to
send, all letters and packages, not weighing over two ounces, free of postage,
up to the first Monday in December following the expiration of their term of
FRANK, FREE. This word is used in composition, as frank-almoign,
frank-marriage, frank-tenement, &c.
FRANK-ALMOIGN, old English law. This is a French law word, signifying
2. Formerly religious corporations, aggregate or sole, held lands of the
donor, to them and their successors forever, in frank almoign. The service which
they, were bound to render for these lands was not certainly defined; they were,
in general, to pray for the souls of the donor; his ancestors, and successors. 2
Bl. Com. 101.
FRANK-MARRIAGE, English law. It takes place, according to Blackstone,
when lands are given by one man to another, together with a wife who is daughter
or kinswoman of the donor, to hold in frank-marriage. By this gift, though
nothing but, the word frank-marriage is expressed, the donees shall have the
tenements to them and the heirs of their two bodies begotten that is, they are
tenants in special tail. It is called frank or free marriage, because the donees
are liable to no service but fealty. This is now obsolete, even in England. 2
Bl. Com. 115.
FRANK-TENEMENT, estates. Same as freehold, (q. v.) or liberum
FRATER. A brother. Vide Brother.
FRATRICIDE, criminal law. He who kills his brother or sister. The
crime of such a person is also called fratricide.
FRAUD, TO DEFRAUD, torts. Unlawfully, designedly, and knowingly, to
appropriate the property of another, without a criminal intent.
2. Illustrations. 1. Every appropriation of the right of property of another
is not fraud. It must be unlawful; that is to say, such an appropriation as is
not permitted by law. Property loaned may, during the time of the loan, be
appropriated to the use of the borrower. This is not fraud, because it is
permitted by law. 2. The appropriation must be not only unlawful, but it must be
made with a knowledge that the property belongs to another, and with a design to
deprive him of the same. It is unlawful to take the property of another; but if
it be done with a design of preserving it for the owners, or if it be taken by
mistake, it is not done designedly or knowingly, and, therefore, does not come
within the definition of fraud. 3. Every species of unlawful appropriation, not
made with a criminal intent, enters into this definition, when designedly made,
with a knowledge that the property is another's; therefore, such an
appropriation, intended either for the use of another, or for the benefit of the
offender himself, is comprehended by the term. 4. Fraud, however immoral or
illegal, is not in itself a crime or offence, for want of a criminal intent. It
only becomes such in the cases provided by law. Liv. System of Penal Law,
FRAUD, contracts, torts. Any trick or artifice employed by one person
to induce another to fall into an error, or to detain him in it, so that he may
make an agreement contrary to his interest. The fraud may consist either, first,
in the misrepresentation, or, secondly, in the concealment of a material fact.
Fraud, force and vexation, are odious in law. Booth, Real Actions, 250. Fraud
gives no action, however, without damage; 3 T. R. 56; and in matters of contract
it is merely a defence; it cannot in any case constitute a new contract. 7 Vez.
211; 2 Miles' Rep. 229. It is essentially ad hominem. 4 T. R. 337-8.
2. Fraud avoids a contract, ab initio, both at law and in equity, whether the
object be to deceive the public, or third persons, or one party endeavor thereby
to cheat the other. 1 Fonb. Tr. Equity, 3d ed. 66, note; 6th ed. 122, and notes;
Newl. Cont. 352; 1 Bl. R. 465; Dougl. Rep. 450; 3 Burr. Rep. 1909; 3 V. & B.
Rep. 42; 3 Chit. Com. Law, 155, 806, 698; 1 Sch. & Lef. 209; Verpl.
Contracts, passim; Domat, Lois Civ. p. 1, 1. 4, t. 6, s. 8, n. 2.
3. The following enumeration of frauds, for which equity will grant relief,
is given by Lord Hardwicke, 2 Ves. 155. 1. Fraud, dolus malus, may be actual,
arising from facts and circumstances of imposition, which is the plainest case.
2. It may be apparent from the intrinsic nature and subject of the bargain
itself; such as no man in his senses, and not under delusion, would make on the
one hand, and such as no honest and fair man would accept on the other, which
are inequitable and unconscientious bargains. 1 Lev. R. 111. 3. Fraud, which may
be presumed from the circumstances and condition of the parties contracting. 4.
Fraud, which may be collected and inferred in the consideration of a court of
equity, from the nature and circumstances of the transaction, as being an
imposition and deceit on other persons, not parties to the fraudulent agreement.
5. Fraud, in what are called catching bargains, (q. v.) with heirs,
reversioners) or expectants on the life of the parents. This last seems to fall,
naturally, under one or more of the preceding divisions.
4. Frauds may be also divided into actual or positive and constructive
5. An actual or positive fraud is the intentional and successful employment
of any cunning, deception, or artifice, used to circumvent, cheat, or deceive
another. 1 Story, Eq. Jur. §186; Dig. 4, 3, 1, 2; Id. 2, 14, 7, 9.
6. By constructive fraud is meant such a contract or act, which, though not
originating in any actual evil design or contrivance to perpetrate a positive
fraud or injury upon other persons, yet, by its tendency to deceive or mislead.
them, or to violate private or public confidence, or to impair or injure the
public interests, is deemed equally reprehensible with positive fraud, and,
therefore, is prohibited by law, as within the same reason and mischief as
contracts and acts done malo animo. Constructive frauds are such as are either
against public policy, in violation of some special confidence or trust, or
operate substantially as a fraud upon private right's, interests, duties, or
intentions of third persons; or unconscientiously compromit, or injuriously
affect, the private interests, rights or duties of the parties themselves. 1
Story, Eq. ch. 7, §258 to 440.
7. The civilians divide frauds into positive, which consists in doing one's
self, or causing another to do, such things as induce a belief of the truth of
what does not exist or negative, which consists in doing or dis-simulating
certain things, in order to induce the opposite party. into error, or to retain
him there. The intention to deceive, which is the characteristic of fraud, is
here present. Fraud is also divided into that which has induced the contract,
dolus dans causum contractui, and incidental or accidental fraud. The former is
that which has been the cause or determining motive of the contract, that
without which the party defrauded would not have contracted, when the artifices
practised by one of the parties have been such that it is evident, without them,
the other would not have contracted. Incidental or accidental fraud is that by
which a person, otherwise determined to contract, is deceived on some
accessories or incidents of the contract; for example, as to the quality of the
object of the contract, or its price, so that he has made a bad bargain.
Accidental fraud does not, according to the civilians, avoid the contract, but
simply subjects the party to damages. It is otherwise where the fraud has been
the determining cause of the contract, qui causam dedit contractui; in that
case. the contract is void. Toull. Dr. Civ. Fr. Liv. 3, t. 3, c. 2, n. §5, n.
86, et seq. See also 1 Malleville, Analyse de la, Discusssion de Code Civil, pp.
15, 16; Bouv. Inst. Index, h. t. Vide Catching bargain; Lesion; Voluntary
FRAUDS, STATUTE OF. The name commonly given to the statate 29 Car.
II., c. 3, entitled " An act for prevention of frauds and perjuries." This
statute has been re-enacted in most. of the states of the Union, generally with
omissions, amendments, or alterations. When the words of the statute have been
used, the construction put upon them has also been adopted. Most of the acts of
the different states will be found in Anthon's Appendix to Shep. Touchst. See
also the Appendix to the second edition of Roberts on Frauds.
FRAUDULENT CONVEYANCE. A conveyance of property without any
consideration of value, for the purpose of delaying or bindering creditors.
These are declared void by the statutes 13 Eliz. c. 6, and 27 Eliz. c. 4, the
principles of which have been adopted in perhaps all the states of the American
Union. See Voluntary Conveyance.
2. But although such conveyance is void as regards purchasers and creditors,
it is valid as between the parties. 6 Watts, 429, 453; 5 Binn. 109; 1 Yeates,
291; 3 W. & S. 255; 4 Iredell, 102; 9 Pick. 93; 20 Pick. 247; 3 Mass. 573,
580; 4 Mass. 354; 1 Hamm. 469; 2 South. 738; 2 Hill, S. C. Rep. 488; 7 John.
161; 1 Bl. 262.
FREE. Not bound to servitude; at liberty to act as one pleases. This
word is put in opposition to slave.
2. Representatives and direct taxes shall be apportioned among the several
states, which may be included within this Union, according to their respective
numbers, which shall be determined by adding to the whole number of free
persons, including those bound to service for a term of years, and excluding
Indians not taxed, three-fifths of all other persons. Const. U. S. art. 1, s. 2.
3. It is also put in contradistinction to being bound as an apprentice; as, an
apprentice becomes free on attaining the age of twenty-one years.
4. The Declaration of Independence asserts that all men are born free, and in
at sense, the term includes all mankind.
FREE COURSE, Mar. law. Having the wind from a favorable quarter.
2. To prevent collision of vessels, it is the duty of the vessel having a
free course to give way to a vessel beating up. to windward and tacking. 3 Hagg.
Adm. R. 215, 326. And at sea, it is the duty of such vessel, in meeting another,
to go to leeward. 3 Car. & P. 528. See 9 Car. & P. W. Rob. 225; 2
FREE ships. By this is understood neutral vessels. Free ships are
sometimes considered as making free goods.
FREE WARREN, Eng. law. A franchise erected for the preservation and
custody of beasts and fowls of warren. 2 Bl. Com. 39; Co. Litt. 233.
FREEDMEN. The name formerly given by the Romans to those persons who
had been released from a State of servitude. Vide Liberti libertini.
FREEDOM, Liberty; the right to do what is not forbidden by law.
Freedom does not preclude the idea of subjection to law; indeed, it presupposes
the existence of some legislative provision, the observance of which insures
freedom to us, by securing the like observance from others. 2 Har. Cond. L. R.
FREEHOLD, estates. An estate of freehold is an estate in lands or
other real property, held by a free tenure, for the life of the tenant or that
of some other person; or for some uneertain period. It is called liberum
tenementum, frank tenement or freehold; it was formerly described to be such an
estate as could only be created by livery of seisin, a ceremony similar to the
investiture of the feudal law. But since the introduction of certain modern
conveyances, by which an estate of freehold may be created without livery of
seisin, this description is not sufficient.
2. There are two qualities essentially requisite to the existence of a
freehold estate. 1. Iramobility; that is, the subject-matter must either be
land, or some interest issuing out of or annexed to land. 2. A sufficient legal
indeterminate duration; for if the utmost period of time to which an estate can
last, is fixed and determined, it is not an estate of freehold. For example, if
lands are conveyed to a man and his heirs, or for his life, or for the life of
another, or until he shall be married, or go to Europe, he has an estate of
freehold; but if such lands are limited to a man for one hundred or five hundred
years, if he shall so long live, he has not an estate of freehold. Cruise on
Real Property t. 1, s. 13, 14 and 15 Litt. 59; 1 Inst. 42, a; 5 Mass. R. 419; 4
Kent, Com. 23; 2 Bouv. Inst. 1690, et seq. Freehold estates are of inheritance
or not of inheritance. Cruise, t. 1, s. 42.
FREEHOLDER. A person who is the owner of a freehold estate.
FREEMAN. One who is in the enjoyment of the right to do whatever he
pleases, not forbidden by law. One in the possession of the civil rights enjoyed
by, the people generally. 1 Bouv. Inst. n. 164. See 6 Watts, 556:
FREIGHT, mar. law, contracts. The sum agreed on for the hire of a
ship, entirely or in part, for the carriage of goods from one port to another;
l3 East, 300, note; but in, its more extensive sense it is applied to all
rewards or compensation paid for the use of ships. 1 Pet. Adm. R. 206; 2
Boulay-Paty, t. 8, s. 1; 2 B. & P. 321; 4 Dall. R. 459; 3 Johns. R. 335; 2
Johns. R. 346; 3 Pardess, n. 705.
2. It will be proper to consider 1. How the amount of freight is to be fixed.
2. What acts must be done in order to be entitled to freight. 3. Of the lien of
the master or owner.
3. - l. The amount of freight is usually fixed by the agreement of the
parties, and if there be no agreement, the amount is to be ascertained by the
usage of the trade, and the circumstances and reason of the case. 3. Kent, Com.
173. Pothier is of opinion that when the parties agree as to the conveyance of
the goods, without fixing a price, the master is entitled to freight at the
price usually paid for merchandise of a like quality at the time and place of
shipment, and if the prices vary he is to pay the mean price. Charte-part, n. 8.
But there is a case which authorizes the master to require the highest price,
namelly, when goods are put on board without his knowledge. Id. n. 9. When the
merchant hires the whole ship for the entire voyage, he must pay the freight
though he does not fully lade the ship; he is of course only bound to pay in
proportion to the goods he puts on board, when he does not agree to provide a
full cargo. If the merchant agrees to furnish a return cargo, and he furnishes
none, and lets the ship return in ballast, he must make compensation to the
amount of the freight; this is called dead freight, (q. v.) in contradistinction
to freight due for the actual carriage of goods. Roccus, note 72-75; 1 Pet. Adm.
R. 207; 10 East, 530; 2 Vern. R. 210.
4. - 2. The general rule is, that the delivery of the goods at the place of
destination, in fulfilment of the agreement of the charter party, is required,
to entitle the master or owner of the vessel to freight. But to this rule there
are several exceptions .
5.- 1. When a cargo consists of live stock, and some of the animals die in
the course of the voyage, without any fault or negligence of the master or crew,
and there is no express agreement respecting the payment of freight, it is in
general to be paid for all that were put on board; but when the contract is to
pay for the, transportation of them, then no freight is due for those which die
on the voyage. Molloy, b. 2, c. 4, s. 8 Dig. 14, 2, 10; Abb. Ship. 272.
6.-2. An interruption of the regular course of the voyage, happening without
the fault of the owner, does not deprive him of his freight if the ship
afterwards proceed with the cargo to the place of destination, as in the case of
capture and recapture. 3 Rob. Adm. R. 101.
7. - 3. When the ship is foreed into a port short of her destination, and
cannot finish the voyage, if the owner of the goods will not allow the master a
reasonable time to repair, or to proceed in another ship, the master will be
entitled to the whole freight; and, if after giving his consent the master
refuse to go on, he is not entitled to freight.
8. - 4. When the merchant accepts of the goods at an intermediate port, it is
the general rule of marine law, that freight is to be paid according to the
proportion of the voyage performed, and the law will imply such contract. The
acceptance must be voluntary, and not, one forced upon the owner by any illegal
or violent proceedings, as, from it, the law implies a contract that freight pro
rata parte itineris shall be accepted and paid. 2 Burr. 883; 7 T. R. 381; Abb.
Shipp. part 3, c. 7, s. 13; 3 Binn. 445; 5 Binn. 525; 2 Serg. & Rawle, 229;
1 W. C. C. R. 530; 2 Johns. R. 323; 7 Cranch, R. 358; 6 Cowen, R. 504; Marsh.
Ins. 281, 691; 3 Kent, Com. 182; Com. Dig. Merchant, E 3 a note, pl. 43, and the
cases there cited.
9. - 5. When the ship has performed the whole voyage, and has brought only a
part-of her cargo to the place of destination; in this case there is a
difference between a general ship, and a ship chartered for a specific sum for
the whole voyage. In the former case, the freight is to be paid for the goods
which may be, delivered at their place of destination; in the latter it has been
questioned whether the freight could be apportioned, and it seems, that in such
case a partial performance is not sufficient, and that a special payment cannot
be claimed except in special cases. 1 Johns. R. 24; 1 Bulstr. 167; 7 T. R. 381;
2 Campb. N. P. R. 466. These are some of the excep tions to the general rule,
called for by principles of equity, that a partial performance is not
sufficient, and that a partial payment or rateable freight cannot be
10. - 6. In general, the master has a lien on the goods, and need not part
with them until the freight is paid; and when the regulations of the revenue
require them to be landed in a public warehouse, the master may enter them in
his own name and preserve the lien. His right to retain the goods may, however,
be waived either by an express agreement at the time of making the original
contract, or by his subsequent agreement or consent. Vide 18 Johns. R. 157; 4
Cowen, R. 470; 1 Paine's R. 358; 5 Binn. R. 392. Vide, generally, 13 Vin. Ab.
501 Com. Dig. Merchant, E 3, a; Bac. Ab. Merchant, D; Marsh. Ins. 91; 10 East,
394 13 East, 300, n.; 3 Kent, Com. 173; 2 Bro. Civ. & Adm. L. 190; Merl.
Rep. h. t. Poth. Charte-Partie, h. t.; Boulay-Paty, h. t.; Pardess. Index,
FREIGHTER, contracts. He to whom a ship or vessel has been hired. 3
Kent, Com. 173; 3 Pardess. n. 704.
2. The freighter is entitled to the enjoyment of the vessel according to
contract, and the vessel hired is the only one that he is bound to take there
can, therefore, be no substitution without his consent. When the vessel has been
chartered only in part, the freighter is only entitled to the space he has
contracted for; and in case of his occupying more room or putting on board a
greater weight, he must pay freight on the principles mentioned under the
article of freight.
3. The freighter is required to use the vessel agreeably to the provisions of
the charter party, or, in the absence of any such provisions, according to the
usages of trade he cannot load the vessel with merchandise which would render it
liable to condemnation for violating the laws of a foreign state. 3 John. R.
105. The freighter is also required to return the vessel as soon as the time for
which he chartered her has expired, and to pay the freight.
FRESH PURSUIT. The act of pursuing cattle which have escaped, or are
being driven away from land, when they were liable to be distrained, into other
places. 3 Bouv. Inst. n. 2470.
FRESH SUIT, Eng. law. An earnest pursuit of the offender when a
robbery has been committed, Without ceasing, until he has been arrested or
discovered. Towl. Law Dict. h. t.
FRIBUSCULUM, civil law. A slight dissension between hushand and wife,
which produced a momentary separation, without any intention to dissolve the
marriage, in which it differed from a divorce. Poth. Pand. lib. 50, s. 106.
Vicat, Vocab. This amounted to a separation, (q. v.) in our law.
FRIENDLESS MAN. This name was sometimes anciently given to an
FRIGIDITY, med juris. The same as impotence. (q. v.)
FRUCTUS INDUSTRIALES. The fruits or produce of the earth which are
obtained by the industry of man, as growing corn.
FRUIT, property. The produce of tree or plant containing the seed or
used for food. Fruit is considered real estate, before it is separated from the
plant or tree on which it grows; after its separation it acquires the character
of personally, and may be the subject of larceny; it then has all the qualities
of personal property,
2. The term fruit, among the civilians, signifies not only the production of
trees and other plants, but all sorts of revenue of whatever kind they may be.
Fruits may be distinguished into two kinds; the first called natural fruits, are
those which the earth produces without culture, as bay, the production of trees,
minerals, and the like or with culture, as grain and the like. Secondly, the
other kind of fruits, known by the name of civil fruits, are the revenue which
is not produced by the earth, but by the industry of man, or from animals, from
some estate, or by virtue of some rule of law. Thus, the rent of a house, a
right of fishing, the freight of a ship, the toll of a mill, are called, by a
metaphorical expression, fruits. Domat, Lois Civ. liv. 3, tit. 5, s. 3, n. 3.
See Poth. De la Communaute, n. 45.
FUERO JURGO. A Spanish code of laws, said to, be the most ancient in
Europe. Barr. on the Stat. 8, note.
FUGAM FECIT, Eng. law. He fled. This phrase, in an inquisition,
signifies that a person fled for treason or felony. The effect of this is to
make the party forfeit his goods absolutely, and the profits of his lands until
he has been pardoned or acquitted.
FUGITIVE. A runaway, one who is at liberty, and endeavors, by, going
away, to escape.
FUGITIVE SLAVE. One who has escaped from the service of his
2. The Constitution of the United States, art. 4, s. 2, 3, directs that "no
person held to service or labor in one state, under the laws thereof, escaping
into another, shall, in consequence of any laws or regulation therein, be
discharged from such service or labor, but shall be delivered up, on claim of
the party to whom such service or labor may be clue." In practice summary
ministerial proceedings are adopted, and not the ordinary course of judicial
investigations, to ascertain whether the claim of ownership be established
beyond all legal controversy. Vide, generally, 3 Story, Com. on Const.
§1804-1806; Serg. on Const. ch. 31, p. 387; 9 John. R. 62; 5 Serg. & Rawle,
62; 2 Pick. R. 11; 2 Serg. & Rawle, 306; 3 Id. 4; 1 Wash. C. C. R. 500; 14
Wend. R. 507, 539; 18 Wend. R. 678; 22 Amer. Jur. 344.
FUGITIVE, FROM JUSTICE, crim. law. One who, having committed a crime
within a jurisdiction, goes into another in order to evade the law, and avoid
2. By the Constitution of the United States, art. 4, s. 2, it is provided,
that "a person charged in any state with treason, felony or other crime, who
shall flee from justice, and be found in another state, shall, on demand of the
executive authority of the same state from which he fled, be delivered up, to be
removed to the state having jurisdiction of the crime." The act of thus
delivering up a prisoner, is, by the law of nations, called extradition. (q.
3. Different opinions are entertained in relation to the duty of a nation, by
the law of nations, independently of any treaty stipulations, to surrender
fugitives from justice when' properly demanded. Vide 1 Kent, Com. 36; 4 John. C.
R. 106; 1 Amer. Jurist, 297; 10 Serg. & Rawle, 125; 3 Story, Com. Const.
United States, §1801; 9 Wend. R. 218; 2 John. R. 479; 6 Binn. R. 617; 4 Johns.
Ch. R. 113; 22 Am. Jur. 351: 24 Am. Jur. 226; 14 Pet. R. 540; 2 Caines, R.
4. Before the executive of the state can be called upon to deliver an
individual, it must appear, first, that a proper and formal requisition of
another governor has been made; secondly, that the requisition was founded upon
an affidavit that the crime was committed by the person charged, or such other
evidence of that fact as may be sufficient; thirdly, that the person against
whom it is directed, is a fugitive from justice. 6 Law Report, 57.
FULL AGE. A. person is said to have full age at twenty-one years,
whether the person be a man or woman. See Age.
FULL COURT. When all the judges are present and properly organized, it
-is said there is a full court; a court in banc.
FULL DEFENCE, pleading. A denial of all wrong or injury. It is
expressed in the following formula: And the said C D, (the defendant,) by E F,
his attorney, comes, and defends the wrong or injury, (or force and injury,)
when and where it shall behoove him, and the damages and whatsoever else he
ought to defend." Bac. Ab. Pleas, &c. D; Co. Litt. 127 b; Lawes on Pl. 89; 2
Chit. Pl. 409; 2 Saund. 209 c; Gould on Pl. c. 2, §6. See Defence; Et Cetera;
FUNCTION, office. Properly, the occupation of an office; by the
performance of its duties, the officer is said to fill his function. Dig. lib.
32, 1. 65, §1.
FUNCTIONARY. One who is in office or in some public employment.
FUNCTUS OFFICIO. This term is applied to something which once had life
and power, but which now has no virtue whatsoever; as, for example, a warrant of
attorney on which a judgment has been entered, is, functus officio, and a second
judgment, cannot be entered by virtue of its authority. When arbitrators cannot
agree and choose an umpire, they are said to be functi officio. Watts. on Arb.
94. If a bill of exchange be sent to the drawee, and he passes it to the credit
of the holder, it is functus officio, and cannot be further negotiated. 5 Pick.,
85. When an agent has completed the business with which he was entrusted,.his
agency is functus officio. 2 Bouv. Inst. n. 1382.
FUNDAMENTAL. This word is applied to those laws which are the
foundation of society. Those laws by which the exercise of power is restrained
and regulated, are fundamental. The Constitution of the United States is the
fundamental law of the land. See Wolff, Inst. Nat. §984.
FUNDED DEBT. That part of the national debt for which certain funds
are appropriated towards the payment of the interest.
FUNDING SYSTEM, Eng. law. The name given to a plan which provides that
on the creation of a public loan, funds shall immediately be formed, and secured
by law, for the payment of the interest, until the state shall redeem the whole,
and also for the gradual redemption of the capital itself. This gradual
redemption of the capital is called the sinking of the debt, and the fund so
appropriated is called the sinking fund.
FUNDS. Cash on hands; as, A B is in funds to pay my bill on him;
stocks, as, A B has $1000 in the funds. By public funds is understood, the
taxes, customs, &c . appropriated by the, government for the discharge of
FUNDUS, civil raw. Any portion of land whatever, without considering
the use or employ to which it is applied.
FUNERAL EXPENSES. Money expended in procuring the interment of a
2. The person who orders the funeral is responsible personally for the
expenses, and if the estate of the deceased should be insolvent, he must lose
the amount. But if there are assets sufficient to pay these expenses, the
executor or administrator is bound, upon an implied assumpsit, to pay them. 1
Campb. N. P. R. 298; Holt, 309 Com. on Contr. 529; 1 Hawke's R. 394; 13 Vin. Ab.
3. Frequent questions arise as to the amount which is to be allowed to the
executor or administrator for such expenses. It is exceedingly difficult to
gather from the numerous cases which have been, decided upon this subject, any
certain rule. Courts of equity have taken into consideration the circumstances
of each case, and when the executors have acted with common prudence and in
obedience to the will, their expenses have been allowed. In a case where the
testator directed that his remains should be buried at a church thirty miles
distant from the place of his death, the sum of sixty pounds sterling was
allowed. 3 Atk. 119. In another case, under peculiar circumstances, six hundred
pounds were allowed. Preced. in Ch. 29. In a case in Pennsylvania, where the
intestate left a considerable estate, and no children, the sum of two hundred
and fifty-eight dollars and seventy-five cents was allowed, the greater part of
which had been expended in erecting a tombstone over a vault in which the body
was interred. 14 Serg. & Rawle, 64.
4. It seems doubtful whether the hushand can call upon the separate personal
estate of his wife, to pay her funeral expenses. 6 Madd. R. 90. Vide 2 Bl. Com.
508; Godolph. p. 2 3 Atk. 249 Off. Ex. 174; Bac. Ab. Executors, &c., L 4;
Vin. Ab. h. t.
FUNGIBLE. A term used in the civil, French, and Scotch law, it
signifies anything whatever, which consists in quantity, and is regulated by
number, weight, or measure; such as corn, wine, or money.. Hein. Elem. Pand.
Lib. 12, t. 1, §2;.1 Bell's Com. 225, n. 2; Ersk. Pr. Scot. Law, B. 3, t. 1, §7;
Poth. Pret de Consomption, No. 25; Dict. de Jurisprudence, mot Fongible Story,
Bailm, §284; 1 Bouv. Inst. n. 987, 1098.
FURCA. The gallows. 3 Inst. 58.
FURIOSUS. An insane man; a madman; a lunatic.
2. In general, such a man can make no contract, because he has no capacity or
will: Furiosus nullum negotium genere potest, quia non intelligit quod agit.
Inst. 3, 20, 8. Indeed, he is considered so incapable of exercising a will, that
the law treats him as if he were absent: Furiosi nulla voluntas est. Furiosus
absentia loco est. Dig. lib. 1, tit. ult. 1. 40, 1. 124, §1. See Insane; Non
FURLINGUS. A furlong, or a furrow oneeighth part of a mile long. Co.
Litt. 5. b.
FURLONG. A measure of length, being forty poles, or one-eighth of a
mile. Vide Measures.
FURLOUGH. A permission given in the army and-navy to an officer or
private to absent himself for a limited time.
FURNITURE. 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 householder, or the ornament of the
house; as, plate, linen, china, both useful and ornamental, and pictures. Amb.
610; 1 John. Ch. R. 329, 388; 1 Sim. & Stu. 189; S. C. 3 Russ. Ch. Cas. 301;
2 Williams on Ex. 752; 1 Rop. on Leg. 203-4; 3 Ves. 312, 313.
FURTHER ASSURANCE. 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 further assurance, that is, to
make any other conveyance which may be lawfully required.
FURTHER HEARING, crim. law, practice. Hearing at another time.
2. Prisoners are frequently committed for further hearing, either when there
is not sufficient evidence for a final commitment, or because the magistrate has
not time, at the moment, to hear the whole of the evidence. The magistrate is
required by law, and by every principle of humanity, to hear the prisoner as
soon as possible after a commitment for further hearing; and if he neglect to do
so within a reasonable time, he becomes a trespasser. 10 Barn. & Cresw. 28;
S. C. 5 Man. & Ry. 53. Fifteen days were held an unreasonable time, unless
under special circumstances. 4 Carr. & P. 134; 4 Day, 98; 6 S. & R.
3. In Massachusetts, magistrates may by statute, adjourn the case for ten
days. Rev. Laws, 1 3 5, s. 9.
4. It is the practice in England to commit for three days, and then from
three days to three days. 1 Chitty's Criminal Law, 74.
FUTURE DEBT. In Scotland this term is applied to a debt which though
created is not due, but is to become so at a future day. 1 Bell's Com. 315, 5th
FUTURE STATE, evidence. A state of existence after this life.
2. A witness who does not believe in any future state of existence was
formerly inadmissible as a witness. The true test of a witnesses competency, on
the ground of his religious principles, is, whether he believes in the existence
of a God, who will punish him if he swears falsely; and within this rule are
comprehended those who believe future punishments will not be eternal. 2 Watts'
& Serg. 263. See the authorities cited under the article Infidel. But it
seems now to be settled, that when the witness believes in a God who will reward
or punish him, even in this world, he is competent. Willes, 550. Vide