Page:Black's Law Dictionary (Second Edition).djvu/493

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


FAUBOURG

FAUBOURG. In French law, and in Louisiana. A district or part of a town atl- Joiuing the principal city; a suburb. See City Council of Lafayette v. Holland, 18 La. 2815.

FAUCES THERE. (Jaws of the land.) Narrow headlanils and promoutories, incloslng a portion or arm of the sea within them. 1 Kent. Comm. 367, and note; Hale. De Jure liar. 10; The Hariiet, 1 Story, 251, 259, Fed. Cas. No. 6.099

FAUIT. In the civil law. Negligence; want of care. An improper act or omission, injurious to another, and irauspiring through liE_‘_‘ll{.{Gl‘.C€, rashness, or ignorance.

There are in law three degrees of faults,- the gross, the slight, and the very slight fault. The areas fault is that which proceeds from inexcusable negligence or ignorance; it is considered as nearly equal to fraud. The slight fault is that want of care which a pru- dent man usually takes of his business. The very slight fault is that which is excusable, and for which no responsibility is incurred Civil Code La art. 3556, par. 13.

In American law. Negligence; an error or defect of judgment or of conduct: any deviation from prndenre. duty, or rectitnde; any shortcoming or neglect of care or performance resulting from inattention, incapac- ity, or perversity: a wrong tendency. course, or act. Railroad Co. v. Eerrv. 2 Ind. App. 427. 28 N. . 714; Railway Co. v. Austin, 10-l Ga. 614. 30 S. E. 770; School Dist. V. Bnstan. H. & . R. Co., 102 Mass. 553, 3 Am. Rep. fl; Dorr v. Hnrkuess, 49 N. J. Law. 571. 10 Atl. 400, 60 Am. Rep. 656.

In commercial law. Defect: imperfection; blemish. See Wire ALL Fnumrs.

In mining law. A dislocation of strata; particularly, a severance of the continuity of a vein or lode by the dislocation of a portion of it.

FAUTOE. In old English law. A fzirorer or supporter of others: an abettor. Cowell: Jacob. A partisan. One who ecnouraged resistance to the execution of process.

In Spanish law. Accompllce; the person who aids or assists another in the com- mission of a crime.

FAUX. In old English law. False; counterfeit. Fauz action, a false action. Litt 5 688. Fawn money, connterfslt money. St. Westm. 1. c. 15. Farm: pegs, false weights. Britt. c. 20. Foam sercmcnt. a false oath. St. Westm. 1. C. 38.

In French law. A falsification or fraud- ulent altu-ation or uppression of a thing by E-ords, by writings, or by acts without either.

iret.

. “Faua may be underetood in three ways. In its most extended sense It in the alteration of

485

FEA R

truth, with or without intention; it is nearly synonymous with 'iying.' In a less extended sense, it is the aitcrotion of truth. accompanied with fraud, nmiutio veritatia oum doio fucta. And iastiy. in a narrow, or rather the legal, sense of the word, when it is a question to know if the foam he a crime, it is the fraudu- lent alteration of the truth in those cases ascertained and punished by the law." Touiliier. t. 9, n. 188.

In the civil law. The fraudulent aiter- ation of the truth. The same with the Latin falsum or crime» falsi.

FAVOR. Bias; pnrtlality; lenity; prej- udice. See CHALLENGE.

Favornbilin in loge snnt flscns, don, vita, libel-tau. Jeni: Cent. 94. Things favorably considered in law are the treasury, dowel‘. life. liberty.

Fnvorahiliores rei. potins qnmn aotox-es, hahentur. The condition of the defendant must be favored. rather than that of the plaintiff. In other words. melior est oomlitio dofendcntia. Dig. 50, 17, 125; Broom. Max. 715.

Favorehilioren snnt execntlunes a1.i.i.: prooessihns qnibnseunqne. Co. Litt. 2S9. Executions are preferred to all other processes whatever.

Fnvor-ee ampliandi snnt; odia restrin- gendn. Jenk. Cent. 186. Favors are to be enlaigecl; things hateful restrained.

FEA1’... Faithful. Tenants by knight service swore to their lords to be foal and teal,- I. e.. faithful and loyal.

1']-IAL AND DIVOT. A right in Scot- land, similar to the right of turbary in England, for fuel, etc.

FEALTY. In feudal law. Fidelity; allegiance to the feudal lord of the manor; the feudal obligation resting upon the tenant or vassal by which he was bound to be faithful and true to his lord, and render him obedi- ence and service. See De Peyster v. Michael, G N. Y. 497. 57 Am. Dec. 470

Fealty signifies fidelity, the phrase “real and lcal" meaning siinpiy “fnithfnl and loyal." Tonants by lrni:hts' service and also tenants in socage were required to take an oath of fealty to the king or others, their immediate lords: and fealty was one of the conditions of their tenure, the breach of which operated a forfeiture of their estates. Brown.

Although foreign jurists consider fealty and homage as cmivertihlc terms. hccaiise in some continental countries they are hlemled so as to form one engagement, yet they are not to be confounded in our country-, for they do not impl_v the same thing, homage being the acknowl- edgment of tenure, and f('41.”j/, the vassai oath of fidelity, being th ntial feudal bond, and the animating .pri of a feud, without which it could not subsist. Wharton.

FEAR. Apprehension of harm. Apprehension of harm or punishment, as exhibited by outward and visible marks of

i