Page:Black's Law Dictionary (Second Edition).djvu/490

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


FALSING. In Scotch law. False making; forgery. “Falsing of euldentis."

FAIVHLIA. In Roman law. A household; a family. On the composition of the

Pltc Grim. Tr. pt. 1, p. 85.

Making or proving false. —I‘alsing of dooms. In. Scotch law. The proving the injustice, fuzlsity, or elror of the doom or sentence of a court Touilins; Jacob. 'i‘he reversal of a sentence or judgment. Skene. An appeal.

PALSO RETORNO BREVIUM. A V\l.'ii£ nhlch formerly lay against the sheriff who had execution of process for taise re turning of writs. Reg. Jud. 431). FALSONARIUS. a counterfeitcr. Hov. 424.

A torger;

PALSUM. Lat In the civil law. A false or torgcd thing; a fraudulent simulation; a fraudulent counterfeit or imitation, such as a torged signature or instrument. Also falsification, which may be either by falsehood. concealment of the truth, or fraudulent alteration, as by cutting out or erasing part of 3, writing.

FALSUS. Lat. roneous. Decelttul:

False ; traudulent ; ermistaken

Faloul In nno, falsus in omnibus. False in one thing, false in everything. “'lie1'e a party is clearly shown to have em- hezzlcd one article of property, it lsn ground of presumption that he may have embezzled others also. The Boston. 1 Sunm. 326. 356, Fed. Cos. No. 1.673: The Santlsslma Trini- dad ‘I \‘l' eat. 339. 5 L Ed. 454. This maxim is particularly applied to the testimony ofa wltne- , who, if he is shown to have sworn falsely in one detail, may he considered unworthy of belief as to all the rest of his evi- dence. Glimcs v. State. 63 Ala. 168; Wilson v. Coulter. 29 App. Div. 85, 51 N. Y. Supp. 804; ‘White v. Disher, 67 Cal. 402, 7 Pac. S26.

FAMA. Lat. Fame; character; reputation; report of common opinion.

Famn, fides et oeulns non patiuntnr lndum. 3 Bulst 2'16. Fame, faith, and eyesight do not suffer a cheat.

Fania qua: Inspicionem indneit, orirl debet npnd bonus et graves, non qnldem mnlevolos ct mniedicou, sed provides et flde dignas personns, nan semel sod smpins. quia. clamor minuit et defamatio mnnifestat. 2 Inst. 52. Report, which induces suspicion. ought to arise trom good and grave men; not, indeed, from malevolent and malicious men, but from cautious and credible persons; not only once, but frequently-, for clnmor diminishes, and dei- amation manifests.

FAMACIDE. A killer of reputation; a sianderer.

Roman family, see Aoxuri; Coonsn: and see Macheld. Rom. Law, 5 144.

Family right; the right or status of being the head of a family, or at exercising the pa-trio potestaa over others. This could he- long only to a Roman citizen who was 1 "man in his own right,” (homo sui juris.) Mackeld. Rom. Law, §§ 133. 1-1.4.

In aid nngun; law. A household; the body of household servants; a quantity of land. otherwise called “mansnz." sufficient to maintain one family.

In Spanish law. A family, which might consist of domestics or servants. It seems that a single person owning negroes was the “head of a family." within the meaning of the colonization laws of Coahuila and Tex- as. State v. Sullivan, 9 Tex. 156.

FAMILIE EMPTOR. in Roman law An lntermediute person who purchased the aggregate inheritance when sold per 0:3 at librum. in the process of u1ai:In.'; :1 “ill under the Twelve TfliJieS. This purchaser was merely a man of straw, transmitting the inheritance to the hwrcs proper. Brown.

FAMILIE ERCISCUNDIE. In Roman law. An action for the partition of the aggregate succession of a fomzlinz, when» that devolved upon ca-Iuzredes. It was niso ap plicable to enforce a contribution towards the necessary expenses incurred on the familial. See Mnckeld. Rom. Law, 5 499.

FAIVJILIARES REGIS. Persons of the king's household. The ancient title of the “six clerks" of chancery in England. C-rabi-. Com. Law. 184; 2 Reeve,- Eng. Law, 249. 251.

FAMILY. A collective body of persons who live in one house and under one head or mnn2:a-meat. Jarlme r. .‘la1'l:oe. IOG lilo App. 459, 79 S. W. 1112: Dodge v. Boston J: P. R. Cur[l.. 154 lliass. 29!). 29 N. E. 2-13. 13 L R. A. 315: Tyson v. }i‘e_\uoids. 532 loan. 431. 3 N. . 460.

A famiiy C0|1l])l'iS6S a father. mother, and children. In a wider sense. it may include domestic servants: all who live in one house under one head. In a still broader sense. a group of blood-relatives; all the relations who descend from a common ancestor. or who spring from a common root. Sce Civil Code La. art. 3522. no. 16: 9 Ves. 32%.

A hnshand and Wife living together may constitute a “fan.1ily." within the meaning not that word as used in a homestead law. Miller v. Fiuegan. 26 Fla. 20. 7 South. 140, 6 L. R. A. 813.

“Family."‘ in its origin. meant “servants:" but. in its more modern and comprehensive meaning. it signifies a coiicctive body of person:

iiving together in. one house, or within the cur-