Page:Black's Law Dictionary (Second Edition).djvu/487

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FAIR

transactions arising in or in connection with them are subject to the ordinary rules governing sales. etc.

FAIR, ad]. Just; equitable; even-hnnded; equal, as between conflicting interests.

—1'air nhritlgment. In copyright law. An uhridgment consisting not merely in the an mugenient of excerpts, but one involving real and substnntiai condensation of the materials by the exercise of inteliectual labor and judgment. Fuisom v. Mnish, 9 Fed, as. -i5.— Fair consideration. In bankruptcy law. One which is honest or free from suspicion, or one actually raluabie, but not necessarii ade- uiuite or a full equivalent. Myers v. ultz, 1'24 Iowa, 437, 100 N. W. 35I.—I‘i1ir-play men. A local irregular tribunal which existed in Pennsylvania shoot the year l’i'i3ll, as to which see Serg. Land Laws Pa. 77' 2 Smith,

Laws Pa. 195.—l‘air plender. ee BEAU- i=i.aAnua.—-l‘:\ix- preponderance. In the law of evidence. Such a superiorit of the evi-

dence on one side that the fact 0 its outweighing the evidence on the other side can be perceivi-rl if the nlioie evidence is fairly considered. Bryan v. Railroad Co., 63 Iowa, 464. 1') W. 2')‘ State v. Grear. 29 Minn. 225, 13 N. W. 1-1 —I‘a‘u- sale. In foreclosure and other indicial proceedings. this means a sole conducted with fairness and impartiality as respects the mhts and interests of the partins affected. La- lor v. McCarthy, 24 Minn. 4I9.—I‘air trial. One conducted according to due con 1- of la w: a trial before a competent and impar ’al jury. Railroad Co. v. Cook. 37 Neb. 435, 5:) N. W. 943; Railroad Co. v. Gardner, 19 Minn. J36 (Gil. 99). 18 Am. Rep. 334.

PAIELY. Justly; rightly; With suhstantlal correctness.

"Fairly" is not synonymous with “truly," and “truiy" should not he suhstituted for it in e commissioner's oath to take testimony fairly. Language may be truly, yet unfairly, reported; that is, an answer may be truly written down, yet in a manner conveying a different meaning from that intended and conveyed. A.nd lan- guage may be fairly reported. yet not in accord- ance viith strict truth. Lavi rence v. Finch, 17 N. J. Eq. 23}.

L Fr.

equitably.

FAIT.

act; fact A deed lawfully executed. Com. Dig. Fame do fizit. A wife do fucta.

Anything done. A deed;

FAIT ENROLLE. A deed enrolled, as s llargaln and saie of freeholdsi 1 Keh. 568.

FAIT JURIDIQUE. In French law. A juridical fact One of the factors or ele ments constitutive of an obligation.

FAITH. 1. Confidence; credit; reliance. Thus, an act may he said to be done "on the faith" of certain representations.

2. Belief; credence; trust. Thus, the constitution provides that "full faith and credit" ahaii be given to the judgments of each state in the courts of the others.

3. Purpose; intent; sincerity: state of knowledge or design. This is the meaning of the word in the phrases "good faith" and "had tiiith."

In Scotch law. A solemn pledge: an oath. --4‘o make fnlth" is to swear, with the

479

FALD

right hand uplifted, that one will declare the truth. 1 Forh. Inst. pt. 4, p. 235.

FAITHFULLY. As used in bonds of pub- lic and private otijcers, this term imports not only honesty, but also a punctihous discharge at all the duties of the office, requiring competence, diligence, and attention, without any malfeasance or nonfeasance, aside from mere mistakes. State v. Chadwick, 10 Or. 468; Holioken v. Evans, 31 N. J. Law, 3-13; l-l.u- ris v. Hanson. 11 Me. 2-I5; American Bink v. Adams, 12 Pick. (Mass) 306: Union iJ..\ni\ v. Clnssey_ 10 Johns. (N. Y.) 273; Pei-iy V. Thompson, 16 N. J. Law, 73.

FAKIR. A street peddler who disposes of worthless wares, or of any goods above their value, by means of any false representatloii, trick, device, lottery, or game of (.ili1l.lC€. Mills‘ Ann St. Colo. § 1400.

FAITOURS. idle livers: vagnbonds. Cowell;

idle persons ; Blount.

FALANG. In old English law. et or close coat. Blount.

A jack-

FALOARE. In old English law. To mow. Falcarc prula, to mow or cut grass in mend- ows laid in for hay. A customary service to the lord by his inferior tenants.

J11-ii fizicamli, the right of cutting wood. Brnct. 1101. 231.

Fizlcnia, grass fresh mown, and laid in‘;

swaths. Falcutio, u mowing. Bract. tols. 350. 230. Folciztor, u mower; a servile tenant who

performed the labor of mowing. Fizicatura, a day's mowing.

FALCIDIA. In Spanish law. The Ful- cldlnn portion; the portion of an inheritance which could not be legally bequeathed away from the heir, viz., one-fourth.

FALCIDIAN LAW. In Roman law. A law on the subject of testnizuentziry disposition, enacted by the people in the year of Rome 714, on the proposition of the tribune Falcldius. By this law, the testator's right to burden his estate with legacies was sub- jected to an important restriction. It pre scriiied that no one Lould iieuueath more than three-fourths of his property in leg.-ic-lcs, and that the heir should hure at least one-fourth of the estate, and that, slionid the tcstator violate this prescript, the heir may have the right to make a iaropnrtional deduction from each legntee, so tar as necessary. Mackeld. Rom. Law, § 771 ; .Inst. 2, 22.

FA-LCIDIAN PORTION. That portion of a testatui-‘s estate which, by the I-‘nicidlan law, was required to be left to the heir, amounting to at least one-fourth.

FALD, or FALDA. A sheep-fold. Cow- ell.

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