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Bouvier's Law Dictionary

Family
Family. Father, Mother, And Children. All The, Individuals Who Live Under The Au Thority Of Another, Including The Servants Of The Family. Poor V. Ins. Co., 2 Fed. 432. All The Relations Who Descend From A Common Ancestor Or Who Spring From A Common Root. La. Code, Art. 3522, No. ...

Farm
Farm. A Certain Amount Of Provision Reserved As The Rent Of A Messuage. Spel: Man, Gloss. Rent Generally Which Is Reserved On A Lease ; When It Was To Be Paid In Money, It Was Called Blanche Ftme. Spelman, Gloss.; 2 Bla. Com. 42. A Term. A Lease Of Lands; ...

Father Clause
Father Clause. As To Woman Suffrage, See That Title. See Citizen; Residence; Naturalization; Domicil. Elections Must Be Held At The Time And .place Required By Law. Legislative Or Con Stitutional Provisions On This Questior Are Mandatory ; Chase V. Miller, 41 Pa. 403; Opinion Of The Judges, 30 Conn. 591; ...

Fault
Fault. An Improper Act Or Omission, Which Arises From Ignorance, Carelessness, Or Negligence. The Act Or Omission Must Not Have Been Meditated, And Must Have Caused Some Injury To Another. Leg. Eldm. § 783. In Legal Literature It Is The Equivalent Of "negligence." An Error Or Defect Of Judg Ment ...

Fealty
Fealty. That Duty Which Every Man Who Holds Lands Of Another Owes To Him Of Whom He Holds. Under The Feudal System, Every Owner Of Lands Held Them Of Some Euperior Lord, From Whom Or From Whose Ancestors The Tenant Had Received Them. By This Connection The Lord Became Bound ...

Federal Government
Federal Government. A Union Or Confederation Of Sovereign States, Created Either By Treaty, Or By The Mutual Adoption Of A Federal Constitution, For The Purpose Of Presenting To The World The Appearance Of A Single State, While Retaining The Rights And Power Of Internal Regulation And Administra Tion, Or At ...

Federal Question
Federal Question. A Term•used To Designate A Case Of Which The Federal Court Has Jurisdiction Because It Requires A Con Struction Of The Constitution Or Some Law Of The United States Or Of A Treaty Made Un Der Its Authority. Bryan V. Kennett, 113 U. S. 190, 5 Sup. Ct. ...

Federal Trade Commission
Trade Commission, Federal. An Act Of Congress Was Passed September 26, 1914, Creating A Federal Trade Commission, Composed Of Five Commissioners Appointed By The President With The Advice And Consent Of The Senate, Three Only To Be Members Of The Same Political Party. The First Commis Sioners Remain In Office ...

Fee
Fee. A Reward Or Wages Given To One For The Execution Of His Office, Or For Professional Services, As Those Of A Counsellor Or Physician. Cowell. Fees Differ From Costs In This, That The Former Are, As Above Mentioned, A Recompense To The Officer For His Services; And The Latter, ...

Fee Simple
Fee-simple. An Estate Of Inheritance. Co. Litt. 1 B; 2 Bla. Corn. 106 The Word Simple Adds No Meaning To The Word Fee Standing By Itself. But It Excludes All Quali Fication Or Restriction As To The Persons Who May Inherit It As Heirs, Thus Distinguishing It From A Fee-tail, ...

Felony
Felony. An Offence Which Occasions A Total Forfeiture Of Either Lands Or Goods, Or Both, At Common Law, To Which Capital Or Oth Er Punishment May Be Superadded, According To The Degree Of Guilt. 4 Bla. Com. 94 ; 1 Russ. Cr. 78 ; Co. Litt. 391; 1 Hawk. Pl. ...

Feme Sole Trader
Feme Sole Trader. A Married Wo Man, Who, By The Custom Of London, Trades On Her Own Account, Independently Of Her Husband; So Called, Because, With Respect To Her Trading, She Is The Same As A Feme Sole. Jacob, Diet. ; 1 Cro. 63 ; 3 Keb. 902; 2 Bish. ...

Fence
Fence. A Building Or Erection Between Two Contiguous Estates, So As To Divide Them, Or On The Same Estate, So As To Divide One Part From Another. It May Be Of Any Mate Rial Presenting A Sufficient Obstruction ; Allen V. Tobias, 77 111. 169; And Has Been Held To ...

Feodal Law Feudallaw
Feudal Law, Feodal Law. A System Of Tenures Of Real Property Which Prevailed In The Countries Of Western Europe During The Middle Agee, Arising From The Peculiar Po Litical Condition Of Those Countries, And Radi Of Movable Property. Although The Feudal System Has Never Obtained In This Country, And Is ...

Feoffment To Use
Feoffment To Use. A Feoffment Of Lands Made To One Person For The Benefit Or To The Use Of Another. In Such Case The Feoffee Was Bound In Conscience To Hold The Lands According To The Use, And Could Himself Derive No Benefit. Sometimes Such Feoffments Were Made To The ...

Ferry
Ferry. A Liberty To Have A Boat Upon A River For The Transportation Of Men, Horses, And Carriages With Their Contents, For A Rea Sonable Toll. State V. Wilson, 42 Me. 9; State V. Freeholders Of Hudson County, 23 N. J. L. 206; Woolr. Ways 217. The Term Is Also ...

Fetters
Fetters. A Sort Of Iron Put On The Limbs Of A Malefactor Or A Person Accused Of Crime. When A Prisoner Is Brought Into Court To Plead, He Shall Not Be Put In Fetters ; Co. 2d Inst. 315; Co. 3d Inst. 34; 2 Hale, Pl. Cr. 119; Kel. 1 ...

Feud U M
Feud U M. A Feud, Fief, Or Fee. A Right Of Using And Enjoying Forever The Lands Of Another, Which The Lord Grants On Condition That The Tenant Shall Render Fealty, Military Duty, And Other Services. Spelman, Gloss. It Is Not Properly The Land, But A Right In The Land. ...

Fiction
Fiction. The Legal Assumption That Something Which Is Or May Be False Is True. The Expedient Of Fictions Is Sometimes Resorted To In Law For The Furtherance Of Justice. Corkran Oil & Development Co. V. Arnaudet, 199 17. S. 194, 26 Sup. Ct. 41, 50 L. Ed. 143. The Law-making ...

Fictitious Action
Fictitious Action. A Suit Brought On Pretence Of A Controversy When No Such Con Troversy In Truth Exists. Such Actions Have Usually Been Brought On A Pretended Wager, For The Purpose Of Obtaining The Opinion Of The Court On A Point Of Law.' Courts Of Jus Tice Are Not Bound ...

Fictitious Payee
Fictitious Payee. When A Contract, Such As Negotiable Paper, Is Drawn In Favor Of A Fictitious Person, And Has Been Indorsed In Such Name, It Is Deemed Payable To Bearer As Against All Parties Who Are Privy To The Transaction ; And A Holder In Good Faith May Recover On ...

Fictitious Person
,fictitious Person. A United States Patent For Land To A Fictitious Person Is Void ; And A Bone Fide Purchaser Is Not Protected ; Hyde V. Shine, 199 U. S. 62, 25 Sup. Ct. 760, 50 L. Ed. 90. In Civil Law. To Become To Pledge One's Self; To Act ...

Fiduciary
Fiduciary. This Term Is Borrowed From The Civil Law. The Roman Laws Called A Fiduciary Heir The Person Who Was Instituted Heir, And Who Was Charged To Deliver The Succession To A Person Designated By The Testament. Merlin, Rdpert. But Pothier, Pend. Vol. 22, Says That Fiduciarius Hares Properly Signifies ...

Fieri Facias
Fieri Facias (lat. That You Cause To Be Made). A Writ Directing The Sheriff To Cause To Be Made Of The Goods And Chattels Of The Judgment-debtor The Sum Or Debt Recovered. It Receives Its Name From The Latin Words In The Writ (quod Ficri Rams De Bonis Et Catallis, ...

Figur Es
Figur Es. Numerals. They Are Either Roman, Made With Letters Of The Alphabet : For Example, Moecr.xxvi; Or They Are Ara Bic, As Follows: 1776. Roman Figures May Be Used In Contracts And Law Proceedings, And They Will Be Held Valid; But Arabic Figures, Probably Owing To The Ease With ...

Finder
Finder. One Who Lawfully Comes To The Possession Of Another's Personal Property, Which Was Then Lost. The Finder Of Lost Property At Common Law Had A Valid Claim To The Same Against All The World Except The True Owner ; 1 Stra. 504 ; Lawrence V. Buck, 62 Me. 275 ...

Findin G
Findin G. The Result Of The Deliberations Of A Jury Or A Court. Todd V. Potter, 1 Day (conn.) 238 ; Denslow V. Moore, 2 Day (conn.) 12 ; U. S. V. Moller, 16 Blatchf. 65, Fed. Cas. No. 15,794. The Word Find Or Finding Does Not Always Imply The ...

Fine
Fine. In Conveyancing. An Amicable Composition Or Agreement Of A Suit, Either Actual Or Fictitious, By Leave Of The Court, By Which The Lands In Question Become, Or Are Acknowledged To Be, The Right Of One Of The Parties. Co. Litt. 120; 2 Bla. Com. 349 ; Ba Cqn, Abr. ...

Fire
Fire. The Effect Of Combustion. Web Ster, Diet. The Legal Sense Of The Word Is The Same As The Popular. 1 Pars. Marit. Law 231. Where An Insurance Policy Excluded Lia Bility For Damages Caused By Explosions, Un Less Fire Ensues, A Lighted Match Causing An Explosion Is Not A ...

Fire Escape
Fire-escape. An Apparatus Construct Ed To Afford A Safe And Convenient Method Of Escape From A Burning Building. Regulations Have Been Enacted In Most Of The States, Often By Municipal Ordinances, Providing That All Factories, Hotels, Schools, Buildings, Theatres, Hospitals, Public Build Ings, And Flat Or Tenement Houses Shall Be ...

Fire Works
Fire-works. A Contrivance Of Inflam Mable And Explosive Materials Combined Of Various Proportions For The Purpose Of Pro Ducing In Combustion Beautiful Or Amusing Scenic Effects, Or To Be Used As A Night Signal On Land Or Sea, Or For Various Purposes In War. Cent. Dict. Percussion Caps For Signalling ...

Fisheries Arbitration
Fisheries Arbitration. The Right Of The United States To Fish Upon The Coastal Waters Of The British Colonies On The Atlantic Had Been A Subject Of Negotiation From The Treaty Of Peace Between The Two Countries In 1783 Down To The Year 1910, When The Long Standing Dispute Between Them ...

Fishery
Fishery. A Place Prepared For Catching Fish With Nets Or Hooks. This Is Commonly Applied To The Place Of Drawing A Seine Or Net. Hart V. Hill, 1 Whart. (pa.) 131. A Common Of Fishery Is Not An Exclusive Right, But One Enjoyed In Common With Cer Tain Other Persons. ...

Fixing Bail
Fixing Bail. Rendering Absolute The Liability Of Special Bail. The Bail Are Fixed Upon The Issue Of A Ca. Sa. (capias Ad Satisfaciendum) Against The De Fendant ; Broader V. Welsh, 2 N. & Mcc. 569 ; Gillespie V. White, 16 Johns. (n. Y.) 117 ; Drake V. Cochrane, 18 ...

Fixtur Es
Fixtur Es. Personal Chattels Affixed To Real Estate, Which May Be Severed And Remov Ed By The Party Who Has Affixed Them, Or By His Personal Representative, Against The Will Of The Owner Of The Freehold. There Is Much Dispute Among The Authorities As To What Is A Proper Definition. ...

Flag Of The United
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, U. S. Laws 1667, It Is Enacted § 1. That From And After The Fourth Day Of July Next, The Flag Of The United States ...

Flat
Flat. When Used As A Description Of Anything Respecting An Arm Of The Sea, It Means A Level Place Over Which The Water Stands Or Flows. Church V. Meeker, 34 Conn. 424. A Floor Or Separate Division Of A Floor, Fitted For Housekeeping And Designed To Be Occupied By A ...

Folcland
Folcland (sax.). Land Of The People. Spelman, Gloss. The Subject Of Land-tenure Among The Anglo-sax Ons Ie Very Obscure. Doubtless All Land Was Orig Inally Held In Common By The Tribe Or Kingdom, And Out Of This After A Time Portions Of It Were Dis Posed Of To Individuals. Individual ...

Food And Drug Acts
Food And Drug Acts. It Is An In Dictable Offence At Common Law To Expose For Sale Unwholesome Provisions; State V. Snyder, 44 Mo. App. 429; And Also For A Baker To Furnish Bread In Which Alum Is Known By Him To Mixed ; Rex V. Dixon, 3 M. & ...

Footprints
Footprints. Impressions Made By The Feet Of Persons, Or Their Shoes, Boots, Or Oth Er Covering For The Feet, On The Ground, Snow, Or Other Surface. In The Same Category Are Also Impressions Of Shoenails, Patches, Abra Sions, Or Other Peculiarities Therein. When Found At Or Near The Scene Of ...

Forcible Entry Or Detainer
Forcible Entry Or Detainer. A Forcible Entry Or Detainer Consists In Violent Ly Taking Or Keeping Possession Of Lands Or Tenements, By Means Of Threats, Force, Or Arms, And Without Authority Of Law. Comyns, Dig.; Woodf. Landl & Ten. 973; 2 Bish. Cr. L. 489. Such An Entry As Is ...

Foreclosure
Foreclosure. A Proceeding In Chan Eery By Which The Mortgagor's Right Of Re Demption Of The Mortgaged Premises Is Barred Or Closed Forever. The Modern Significance Of The Term, As Ap Plied •to Mortgages, Is That Of A Sale Under A Judgment Of Foreclosure, And Not The Judg Ment Itself ...

Foreign Corporation
Foreign Corporation. One Created By Or Under The Laws Of Any Other State Or Government. A Corporation Is A Person In Most Senses And For Most Purposes Of Legal Administra Tion, And For The Purposes Of Determining The Jurisdiction Of The Federal Courts It Is A Citi Zen, But It ...

Foreign Judgment
Foreign Judgment. A Judgment Of A Foreign Tribunal. It Is A General Rule That Foreign Judg Ments Are Admitted As Conclusive Evidence Of All Matters Directly Involved In The Case Decided, Where The Same Question Is Brought Up Incidentally. 1 Greenl. Ev. 547, And Note ; Betts V. Bagley, 12 ...

Foreign Law
Foreign Law. The Laws Of A Foreign Country. The Courts Do Not Take Judicial Notice Of Foreign Laws; And They Must, Therefore, Be Proved As Matters Of Fact; 4 Mood. Parl. Cas. 21; Armendiaz V. De La Serna, 40 Tex. 291; Territt V. Woodruff, 19 Vt. 182 ; Chou Teau ...

Foreign Troops
Foreign Troops. The Grant Of Per Mission To Foreign Troops To Cross Any Part Of The United States Has Been Frequently Con Sidered By The Federal Executive. In 1790, Washington, Having Advised On The Subject With Adams, Jefferson And Hamilton, On The Advice Of The First Against The Inclination Of ...

Foreign Will
Foreign Will. Where A German Testator Specially Appointed A Person In England To Realize On His English Estate And Transmit The Proceeds, To The German Executor, The Court Declined To Grant Probate To These Per Sons As Executors According To The Tenor Of The Will ; [1894] 2 Q. B. ...

Forest Law
Forest Law. The Old Law Relating To The Forest, Under Which The Most Horrid Tyr Annies Were Exercised, In The Confiscation Of Lands For The Royal Forests. Hallam's Const. Hist. Ch. 8. The Privilege Of Reserving The Forest For The Use Of The Sovereign Alone Was Iostituted By The Saxon ...

Forfeit
Forfeit. To Lose As The Penalty Of Some Misdeed Or Negligence. The Word Includes Not Merely The Idea Of Losing, But Also Of Hav Ing The Property Transferred To Another With Out The Consent Of The Owner And Wrongdoer. Lost By Omission Or Negligence Or Miscon Duct. Nolander V. Burns, ...

Forfeiture
Forfeiture. A Punishment Annexed By Law To Some Illegal Act Or Negligence In The Owner Of Lands, Tenements, Or Hereditaments, Whereby He Loses All His Interest Therein, And They Become Vested In The Party Injured As A Recompense For The Wrong Which He Alone Or The Public Together With Himself, ...

Forgery
Forgery. The Falsely Making Or Ma Terially Altering, With Intent To Defraud, Any Writing Which, If Genuine, Might Apparently Be Of Legal Efficacy Or The Foundation Of A Legal Liability. 2 Bish. Cr. Law § 523; Smith V. State, 29 Fla. 408, 10 South. 894. The Fraudulent Making And Alteration ...

Form
Form. The Model Of An Instrument Or Legal Proceeding, Containing The Substance And The Principal Terms, To Be Used In Ac Cordance With The Laws. The Legal Order Or Method Of Legal Pro Ceedings Or Construction Of Legal Instru Ments. Form Is Usually Put In Contradistinction To Sub Stance. For ...

Fornication
Fornication. Unlawful Carnal Knowl Edge By An Unmarried Person Of Another, Whether The Latter Be Married Or Unmarried. Fornication Is Distinguished From Adultery By The Fact That The Guilty Person Is Not Married. Four Cases Of Unlawful Intercourse May Arise: Where Both Parties Are Married ; Where The Man Only ...

Forthwith
Forthwith. 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 ...

Forum
Forum. At Common Law. A Place. A Place Of Jurisdiction. The Place Where A Remedy Is Sought. Jurisdiction. A Court Of Justice. Forum Actus. The Forum Of The Place Where An Act Was Done. Forum Conscientico. The Conscience. Forum Contentiosum. A Court. 3 Bla. Com. 211. Forum Contractus. Place Of ...

Fourteenth Amendment
Fourteenth Amendment. The Four Teenth Amendment Of The Constitution Of The United States Became A Part Of The Organic Law July 28, 1868, And Its Importance Entitles It To Special Mention. The Resolution Of Congress Proposing The Amendment Was Adopted June 16, 1866, 14 St. L. 358. On July 20, ...

Fraction Of A Day
Fraction Of A Day. A Portion Of A Day. The Dividing A Day. Generally, The Law Does Not Allow The Frac Tion Of A Day, And The Day On Which An Act Is Done Must Therefore Be Either Entirely Includ Ed Or Excluded ; 2 Bla. Com. 141; Raym. 84 ...

Franc Rise
Franc Rise. A Special Privilege Confer Red By Government On Individuals, And Which Does Not Belong To The Citizens Of The Country Generally By Common Right. Ang. & A. Corp. § 4; Abbott V. Refining Co., 4 Neb. 416, 420. A Certain Privilege Conferred By Grant From Government And Vested ...

Frankalmoigne Frankalmoin
Frankalmoin, Frankalmoigne. A Species Of Ancient Tenure, In England, Where By A Religious Corporation, Aggregate Or Sole, Bolds Its Lands Of The Donor, In Considera Tion Of The Religious Services It Performs. The Tenant Holds In "free Alms." It Came To Mean A Gift To A Religious Person Or Body. ...