Page:Black's Law Dictionary (Second Edition).djvu/486

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FAGGOT VOTES

FAGGOT VOTES. A faggot vote is where a man is formally possessed of a right to vote for members of parliament, without possessing the substance which the vote should represent; as if he is enabled to buy a property, and at the same moment mort- gage it to its full value for the mere sake of the vote. Such a vote is called a "faggot vote." See 7 & 8 Wm. III. c. 25. 5 7. Wharton.

FAIZDA. In Saxon law. Malice; open and deziilly hostility; deadly feliii. The Word designated the eiiiiilty between the family of a Lnnrdered man and that of his murderer, which was recognized. among the Teutonic peoples, as justifitaflon for iengcance taken by any one of the tormer upon any one of the intter.

PAH. 1. The difference between "fail" and "refuse" is that the latter inviiiies an act of the will, while the foinier may be an act of inevitable necessity. Taylor v. Mason, 9 “'lie:it. 34-1, 6 L. Ed. 101. See Stailim..'s v. Thomas. 55 Ark. 326, 18 S. W. 134; Tele- graph Co. v. Iriin. 27 Ind. App ('2, 59 N. E. 327; Persons 17. Hight, 4 Ga. -197.

2. A person is said to "fail" when he be comes insolvent and unable to meet his obligations as they mature Davis v. Campbell, 3 Stew. (Aiii.) 321; Mayer v. Hermann, 16 Fed. Cas. 1.242.

—I‘n.ili-ng circumstances. A person (or a corporation or institution) is said to be in fajiing circumstances iihen he is about to tail, that is, when he is actually insolvent and is acting in ronteirplation of giving up his business he cause he is unable to carry it on. A peiii ot Millard, 62 Conn. 184, 25 At]. 638 they v. Smith, 24 Conn. 310. 68 Am. Dec. 1 ; Dodge v. lliastin (C. C.) 17 Fed. 663.—-l‘aili.ng of record. \\ hen an action is brought against a person who alleges in his plea matter of record in bar of the action, and avers to prove it by the record, but the plalntifi saith iml tiel record, viz.. denies there is any such record, upon which the defendant has a dny given him by flie court to bring it in, if he fail to do it, then he is said to faii of his record, and the plaintitf is entitled to sign jiirlginent. Termes de In Ley.

FAILLITE. In French law. Bankrupt- cy; failure; the situation 01! a debtor who finds himself unable to fulfili his engage meiits. Code de Coin. arts. 442, 580; Civil Code La. art. 3522.

FAILURE. In a general sense, deficiency, want, or lack; ineftectnniness; inefficieucy as measured by some legal standard: an unsuccessful attempt. White v. Pettljohn. 23 N. C. 55; State v. Butier, 81 Minn. 103. 83 N. W. -183; Andrews v. Keep, 38 Ala. 317.

In commercial law, the suspension or abandonment of business by a niercbunt, manufacturer, bank. etc., in consequence of Insolvency. American Credit Indemnity Co. v. Carroiton Furniture Mtg. Co., 95 Fed. 115, 36 O. C. A. 671; Terry v. Caiinan. 13 S. 0.

478

FA IR.

220; State v. Lewis, 42 ha. Ann. 847. 8 South. 602.

—I‘nilIn'e of consideration. As applied to notes, contracts, conveyances. etc., this term does not mean a want of consideration, but ini- plies that a consiileration, originally existing and good. has since become worthless or has ceased to exist or been extinguished. partiaily or entirely. Shirk v. Neihlc, 15“ ind. 66. 5'.) N. E. 281. Am. C\‘(: Rep. l50_ Crouch v. Davis, 23 Grat. (\'a.) 75: Wiiii.-imson v. Cline, 40 W. Va. 194, 20 S. E. 920.—Failnra of evidence. Jiidicinlly speaking, a total “failure 01 evidence" means not only flu uiinr absence of all evidence, but it also means a failure to offer proof, either positive or 1nIeron- Iiai, to establish one or more of the many En 11!, the estziblislinient of all of Wlzucll is indis1iei\sn- bie to the finding of ihe issue ior the piiiint.Q, Cole v. Hebb. 7 Gill & J. (Md.l 28.--Failure of issue. The failure at a fixed time, or the total extinction, of issue to take an estate iiniili-d over by on executory devise. A definite failure of issue is when a precise time is fixed by i

mill for the failure of issue, as in the case where there is a devise to one, but if he dies witiiout issue or lawful issue living at the "III? of his death. etc. An indefinite failure of imilltz is the period when the issue or descendants of the (list tzilier shall become extinct, and when there is no longer any issue of the issue of the grantee, without reference to any parfiniiar time or any pariiriilar rinnr. Hiixford v. Millisnn, 50 ind. 546; Vaughan v. Dir-lies. '7 i’a “ Pailihuist v. Hnrrower 1_42 Pa. 4'. 21

. n1. St. Rep. 4; Hackney v. 'l'rai'-3.. 137 Pa. 53, 20 At]. 560: WimIlliL-f v. Ducliwail. 19 Ohio Cir. Ct. R. 5{i4—I‘ai1nre of jus ce. The defeat of a particiiiar ri:;ht, or the failure of i-enaration for a particular wrong, from the Lick of a legal i~ei“,-=rl_v for the enlhrrt-mcnt of the one or the ii-nuns of the other.—!‘a.ilIn-e of record. Failure of the defendant to produce I1 record which he has alleged and relied on in his pieii.—Fa.ilni-e of title. The inahiiity or failure of a VDl]liOl' in make good title to the whnle or ll. pait of the property which he has contracted to sail. —-l‘a.i1uz-e of trust. The lnpsing or non-i-i:“1- r-iency of :1 proposed trust, by reason of the dc- fect or insufficienoy of the deed or instriinirnt creating it, or on account of illegality, indeli- nitenem, or other legal impediment.

PAINT (or FEIGNED) ACTION. In old English practice. An at-iinn was so called where the party hrinizlnp: it had no title to recover, although the words of the writ were true: a false action was properiv where the words 01: the writ were false. Lin 5 68!): Co. Litt. 361.

PAINT PLEADER. A fraudulent. false, or collusive manner of pleading to the doception of a third person.

FAIR, n. In English law. A greater species of market; 8 privileged market. It is an incorporeiil hereditament, granted by royal patent, or estiihiisheii by prescription presnpposing a grant from the crown.

In the earlier English law, the franchise to hold a fair conferred certain important privi- ieges; and fairs, as legally recognized institutions, possessed distinctive legal characteristics. Most of these privileges and ch:ir.-ir-tci-istics, however, are now obsolete. in -\n.ici"icIi. fairs, in the ancient trclluicai sense, are nu known, and, in the modern and popular Sens!‘

they ius entirely voluntary and non-legal, and