Page:Black's Law Dictionary (Second Edition).djvu/502

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


FEUDUM

er siilisidia to which the plebcia _fe1Ldi1 (vulgar fcuds) were subject. Spelmnn.—!‘euiElum hau- herticum. A fee held on the military service of appearing fully aimed at the ban and arricrc bum. Spclman.—FeuiElum innproprium. An improper or derivative feud or iief. 2 Bl. Comm. 5S.—I‘eudum dividuum. An indi- visibie or impartible feud or lief ' descemlibie to the eidest son nione. 2 Bl. éomm. 21.5.-— Feudum ligium. held ilI)LnEd.llli‘,Piy of the sovereign: which the vnssnl owed feiilty to his lord against all persons 1 Bl. Comm. 367; Speli.nan.— Fendum maternum. A maternal net‘; in flef descended to the feiidatory troin his mother. 2 l~‘.l. Comm. 212.—-Feuiilum nohile. A fee for which the tenant did _-ziiard sud owed fcalty and homage. Spelmnn.—1‘endum novum. A new feud or flef; a hef which begun in the person of the feudatoiy, and did not come to him hy S|I(:r‘(-Ssilitl Spclman: 2 Bl. Comm. 212: Priest r. Cummings. 21) \’Vcnd. (N. Y.) 3-.i9.--Feuduin novum ut nntiqnum. A new fee held with the militias and incidents of an ancient one. 2 Bl. omm. 212.—I‘endum patermun. A fee which the paternal nncestors had held for four generations. Cnivin. One descendible to heirs on the paternal side only. 2 Bl. Comm. One which might be held by males only. Du (‘nnge.—Feudum propriinn. A proper, genu- ine, and original feud or tief: being of a purely militurv Ci1al':i('tt‘l', and hcld by military service. 2 Bl. .onim. 57. 5B.—Feut]u1n tnlliatum. A rcstrictcrl fee. One limited tn descciill to contain classes of heirs. 2 Bi. mm. 112. note: i Washb. Real Prop. 66.

FEW. An indefinite expression for a small or limited number. In cases where exact description is required, the use of this word will not answer. Butts Y. Stowe, 53 \'t. 603; Allen i. Kirivun, 139 Pa. (512. 28 Atl. 495; Wheeiock v. I\'oonan, 108 N. Y. I79, 15 N. E. 67, 2 Am. St. Rep. 405.

Fr‘. A Latin abbreviation for “1T‘r:1g- inenta," desiginiting the Digest or Panilects in the Corpus Jui-is Ci‘-i.'ili‘..-i of Justinian; so "oiled because that viork is made up of trag- inents or extracts from the writings of nu- inerous jurists. Mac-held. Roni. Law, 5 7-1.

FI. FA. (which see.)

An abbreviation for flcrl fa:-iaa,

FIANCER. Keihain.

L. Fr. To pledge one’s faith.

FIANZA. Sp. In Spanish law, trust, can- fidenx e, and corieintirely a legal duty or ob- ligation arising tlierefroin The term is sulficiently broad in meaning to incliide both I1 general Ol)ii§!i.|i’.iDX] and a restricted liability under :1 single instrument. Martinez v. Run- kle. 57 N. J. Law, 111, 30 Ati. 593. But in a special sense, it dcsigniites a surety or guaraiitor, or the coiitract or engagement of suretyship.

FIAR. in Scotch law. He that has the fee or fun. The proprietor is termed “fisr," in contradistinction to the life~renter. 1 Kames, Eq. Pref. One whose property is charged with a llterent.

FIARS PRICES. The value of grain in the different counties of Scotland, fixed year-

494

FICTION

ly by the respective sheriifs, in the month of February, with the assistance of juries. These regulate the prices of grain stipulated to be sold at the tier prices, or when no price has been stipulated. Ersk. 1, 4, 6.

FIAT. (Lat. "Let it be done") In E11,,-

lish practice. A short order or warrant at‘ 3 Judge or magistrate directing some act to be done; an authority issuing fl‘0l.\l some competent source for the doing of some legal act. One of the proceedings in the English bankrupt practice, iieillg a power, signed by the lord chancellor, addressed to the court of batilirnptcy, authorizing tile petitioning cred- itor to prosecute his complaint before it. 2 Stcph. Comm. 199. By the statute 12 & 13 Vict. c. 116, tints were abolished. —Fia.t justitia. Let Justice he done. 0n n petition to the king for his warrant to bring ii writ of error in parliament, he writes on the top of the petition, "Fiat iu.iti'ti'n," nnii then the writ of error is made out. etc. J:icnli_—i‘int ut petitur. Let it be done ns it is asked. A form of granting a petition.—Joint fiat. in English law. A fiat in bankruptcy, issued against two or more trading partners.

Fiat justitin, ruat coelum. Let right he done. though the heavens should fall.

Fiat prout fieri consuevit, (nil temere nuvandum.) Ict it be done as it hath used to be done, (nothing must be rashly il..lI|0\flli- ed.) Jenk. Cent. 116, case 39; Branch, Pi-inc.

FICTIO. In Roman law. A fiction; an assumption or supposition of the law.

"Firti'a” in the old Roman law was properly a term of pleading, nnd signified a false averment on the part of the pliiintifi which the dc- fendant iris not :1l10\.\e-'1 to ti-aicrse; as that the plaintiff was a lixiinnn citizen, when in truth he was a foreigner. The object of the ii('C.iDl1 was to give the court jurisdiction. Maine. Anc. Law, 25.

Fictio cedit vex-itnti. Fiotio jun-is nou est uhi vex-ital. Fiction yields to truth. Where there is truth, fiction of law exists not.

Fictio est contra veritntem, sed pro veritate lmbetur. Fiction is iigiiinst the truth, but it is to be esteemed truth.

Fietio jiu-is non est uhi vex-itas. “here truth is, fiction of law does not exist.

Fietin legis inique operntur aiicui dam- nnm vel injux-inm. A legal fiction does not properly work loss or injury. 3 Coke, 30; Broom. Max. 129.

Fictio legis neminem landit. of liiw injures no one. 2 lioiie, 50 , Comm. 43; Low v. Little, 17 Johns. (N. Y.) 348.

FICTION. An assumption or supposition of law that something which is or may be

false is true, or that a state of facts exists