Page:Black's Law Dictionary (Second Edition).djvu/494

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FEASANCE 486 FEE

emotion. An evidence of guilt in certain cases. See Burrill, Circ. Ev. 476.

FEASANCE. A doing; the doing of an act. See Malfeasance; Misfeasance; Nonfeasance.

A making; the making of an indenture. release, or obligation. Litt. § 371; Dyer, (Fr. Ed) 56b. The making of a statute. Keilw. 1b.

FEASANT. Doing, or making, as. in the term “dainage feasant," (doing damage or injury.) spoken of cattle straying upon an- otber's land.

FEASOR. Doer; maker. Feiisors dc! estcitute, makers of the statute. Dyer. 317. Also used in the conipciiinil term, “tort-fea..- or." one who commits or is guilty of a tort.

PEASTS. Certnln esrahlislied tcstivals or holidays in the otelesiaslical calendar. These days were anciently used as the dates of legal instruments, and in England the quarter-days, for paying rent, are four feast-days. The lerms of the courts, in England, liefore ISTS, were fixed to begin on certain days determined with reference to the occurrence or four of the chief feasts.

Fl-JCIAL LAW. The nearest approach to a system at international law lrnonn to the ancient world. [t was a branch of Roman Jurisprudence, concerned with embassies, dec- larations of war, and treaties of peace. It received this name from the fer-ialos, (q. 1)..) who were charged with its administration.

FECIALES. Among the ancient Romans. that order of priests wiio discharged the duties of ambassadors. Subsequently their duties appear to have related more ptirticiilar- ly to the declaring war and peace. CaIvin.; 1 Kent. Comm. 6.

FEDERAL. In constitutional law. A teini commoniy used to express a league or compact between two or more states.

In American law. Belonging to the general ,-_zoveriii.nciit or union of the states. Founded on or of ganized under the constitution or laws of the United States.

The l'nited States has been generally styied. in Aiaeric-in political and judiciai writings, n “fedcrzii sznvcrnraent." e term has not been imposed by any specific constitutional authoritv but filiiy expresses Liie general sense and opinion upon the nature of the form of govcnr merit. In recent years, there is ohservohie a disposition to ernpioy the term “nationnl" in speaking of the government of the Union. Neither word settles anything as to the nature or powers of the government. “l3‘edernl" is some- what more appropriate if the government is considered a union of the states; "national" is preferable if the view is adopted that the state governments and the Union are two distinct systems. each established by the people directly. one for local and the other for nation-

486

FEE

al purposes. See United States v. Cruikshank. 92 U. S. 542, 23 L. Ed. 588; Abbott. -—I‘eders1 courts. The courts of the United States. See COURTS OF THE UNITEI) S'i'_\'rus. —I‘ede1-al government. The system of government admiiiisten-d in a state foruii-.d by the union or confederation of seveial independent or qiiasi independent states: also the composite state so formed. In strict usage, there is a distinction between a caiifedurutinn and a federal governmuit. The fonner term denotes a iegue or permanent alliance between several states. each of which is fully s0VE|Eig1.\ and independent, and each of which retains its full dignity. organization, and suverei-,;nty, the h yiclding to the central authority a controlifl power for a few liiuited |')I.ll'p( us. such as enterniil and diplomatic reiations. In this (la the component states are the units, with Inspect to the confederation, and the ('Plill'Bl run» eiiiment acts upon them, not upon the ind'i’vi4> iinl iitizens. In a fedcral poi,-criiiiiciit, on oiiier band, the nliied slntcs form a nu-mi.- iiot. indeed. to such an extent as to dual:-of their scpiinte organization of deprive tii-in quasi sovci-cigmy with l'I}“[\l'L( to the ml-.:.'i 5 tiation of their purely local conrcrua, but I that the central power is ended into a true state or nation. pos-.-ssing sm-iireigiily both tatcrnal and inte-riial.—wliile tile nduiininlnitua of nationai nfiniis is directed, and its 2 «<1 foit. not by the separate states deliberating as units, but by the pt-opie of aii, in their co! - the capacity, as citizens of the iintiiii. distinction is expressed, by the Gerinan wi-ion, in the use of the two words "S1(lIll'1i}IlM' and “Bimdcastiiat;" the former dt'YI"',ll"l ll league or confederation of states, and the lows a federal government, or state formed by lllrfllls of a league or confederation.—I‘edei-al question. Cases arising under the cons|.itutiou_of die United States. acts of congress, or treaties. and invoiring their interpretation or l!.p[)IIition, and of which jurisdiction is given to the federal courts, are commonly described by the legal profession as cases invoivim: 21 "federal qiie ion." In re Sievt-rs (D. C.) 91 Fed '’ ll. S. v. Douclas. 113 N. C‘. 190 ' S 1 Wilila_nis v Brutfy. 102 U S. 3-1:). -U L. I111. 135.

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FEE. 1. A freehold estate in lands. hcjd of a superior i0i.'d, as a l'(‘ward for senicos, and on condition of rendeiing some service in return for it. The true meaning or the -word “fee" is the same as that of “feud" or "lief," and in its original sense It is taken in contradlstinction to “allodium." which latter is defined as a man's own land, which lie possesses merely in his own right, without owing any rent or service to any superior 2 Ill. Comm. 105. See Wendell v. Crand-ill. 1 N. Y. 491.

In modern English tenures. “fee" signifies an estate of inheritance. being the highest and most extensive interest which a man can have in a feud; and when the term is used simply, without any adjunct, or in the form “fee-—si1u1iii-,.“ it imports an absolute inheritance clear of any condition, limltalinii, or restriction to particular heirs, but descend- lhle to the heirs general. niaie or female. lineal or collateral. 2 Bl. Comm. 106. —Bnse fee. A determinable or qnniified fee. an estate having the nature of a fee, but not a fee simpie absoiute.—CondiI:ionnl fee. An estate restrained to some particular heirs. ex- clusive of others, as to the heirs of a man‘s

body, by which only his lines] descendants were