Page:Black's Law Dictionary (Second Edition).djvu/500

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FERM, or PEARM. A house or land, or both, let by lease. CowelL

I‘)-:ItM'E. A farm; a rent; it lease; a house or land, or both. hken by indeuture or lease. Plowd. 195; Vicat. See Fsnu.

FERMENTED LIQUORS. Beverages produced by, or which have undergone, a process of alcoholic fermentation, to which they owe their lntoidcating properties, icnluding beer, wine, hard cider, nnd the llhe, hut not spirituous or distiiied liquors. State V. Lenlp. 16 M0. 39]: State v. Biddie, 54 N. H. 383; People v. Foster, 64 Mich. 715, 31 N. W. 596; State v. Gill. 89 Minn. 502, 95 N. W. 449; State v. Adams, 51 N. H. 568.

FERMER, FERMOR. A lessee; a farm- er. One who holds a term, whether of lands or an Lncorpureal right. such as customs or revenue.

FERMIER. In French law. One who fnrnis any puhlic revenne.

FERMISONA. In old English law. The winter season for killing deer.

FERMORY. In old records. A place in

monasteries, where they received the poor. (Imspicia e.-miptcbant.) and gave them pro- visions, (form, firma.) Speinuin. Hence the modern Infirmary, used in the sense of a hospital.

A waste Cowell.

FERNIGO. In old English law. ground, or place where fern grows.

PERRI. In the civil law. To be borne; that is on or about the person. This was distinguished frum porrari, (to he carried.) which signified to be carried on an animal. Dig. 50. 16. 235.

FERRIAGE. The tall or rare paid for the transportation of persons and property across a ferry.

Literniiy speaking, it is the price or fare fix- ed by law for the transportation of the trav-

eiing public, wilh such goods and chatteis as they may have with them. across a river, hay, or lake. People v. San Francisco & R. Co.. 35 C411. C06.

FERRIFODINA. In old pleading. An Iron mine. Tawnsh. P1. 273.

PEREUM. Iron. In old English law. A horse-shoe. Fcrrm-a, shoPing of horses.

FERRY. A liberty to have a boat upon a river for the t.ranspoI'l'nl.ion of men, horses, and carriages with their contents, for a reasonable toll. The term is also used to designate the place where such liberty is exer- cised. See New York v. Starin. S N. Y. St. Rep. 655: Brvridnax v. Baker, 94 N. C. 681, 55 Am. Rep. 633; Einstman v. Bialtli, 14 IIL



App. 381; Chapelle v. Wells. 4 Mart. (Ls. N. s.) Q6.

“Ferry” properly means a. piece of transit across a river or arm of the sen; but in law it is treated as a franchise, and defined as the e_xciusive right to carry pa==engel‘s arrnos a river, or arm of the sea. from one vili to an- other, or to connect a mntmuons of 1--ad iendmg from one township or vill to nnotfig. It is not it servitude or easement. It is wholly unconnected with the ownership or occupnii--vi of land, so much so that the onucr of the feriy need not have any property in the Mil adiacent on either side. (12 C. E., N. S.. 325.]


—Puhlic and private. A public ferry is one to nhlch nli the public have the right to hurt, for which a regular fare is established, uial ct: ferrvmzin is a common carrier. bound to [the over oil who apply, and bound to keep his ferry in operation and good repair Iludspeth v. llnil, 111 Go. 510. M S. E. T - Broadnax 17. Baker. 9-! N. O. SS1, 55 Am. I LI). 633. A pri- vate feriy is one mainly for the use of the owner, and though he may take pay for ferringe, he does not follow it as a business. His ferry is not open to the public at its demand, and he may or may not keep it in operation. Hudspeth v. Hall, supra.—I'e1-ry franchise. The public grant of 3 right to maintain a ferry at a psrticuisr place; 8. right conferred to land at a particnisr point and secure toil for the ii-an-sporlntion of persons and property from that point across the stream. Mills v. St. Clair County. 7 I11. 2l)S.—1‘erryman. One empivyt-<1 in taking persons across a river or other str~un. in boots or other contrivances, at a ferry. State

. Ciarke, 2 McCord (S. C.) 48, 13 Am. Dec.

FESTA IN CAPPIS. In old English law. Grand holidays, on which choirs wore caps Jacob.

Festinntio justitiae est novez-ca infortunii. Bob. 9?. Dusty justice is the step- mother of misfortune.

FESTING-MAN. In old English law. A frunk—plc<lg(e, or one who was surety for the good liehavior of another. lllonasteries enjoyed the privilege of being “free from resting-men," which means that they were “not bound for any man's fortiicoming who should transgress the law." Cowell. See FRANK-PLEn(.i=.'.

I'ES'I'ING-PENNY. Fnruest given to servants when hired or retained. The same as arlcs-iicum/. CowelL

FESTINUM REMEDIUM. Lat. A speedy remedy. The writ of asslse was thus characterized (in comparison with the iess expeditious remedies pre\iouslv aruilalnley by the statute of Westminster 2, (13 Edw. I. c. 24.)

FESTUM. A feast or festival. at-ultormn, the feast of fools.

FETTERS. Chains or shackles for the feet; irons nsed to secure the legs of con- victs. unruiy prisoners, etc. Similar chains securing the wrists are called “hnndcutfs."


FEU. In Scotch law. A hoiding or tenure

where the vussai. in place of military serv~