Page:Black's Law Dictionary (Second Edition).djvu/505

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


because four were instituted within every interior district or hundred. 3 BL Comm. 34.

FIERI. Lat. To be made; to be done. See IN FIERI.

FIEEI FACIAS. (That you cause to be made.) In practice A writ of execution commanding the sherilf to levy and make the amount of a judgment from the goods and chattels of the judgment debtor.

—Fieri faoias de bani: scciesiasticin. When a sherili to a common fi. Io. returns nulla bmza, and that the defendant is u. henciiced clerk not having any lay fee, a plainuiif may issue a fl. In. de Dom"; eccieaiaatiuia, addressed to the bishop of the diocese or to the arclibislmp, (during the vacancy of the bishop's see.) com- manding him to make of the eccicslasljcal goods and chattels belonging to the defendant within

his diocese the sum therein mentioned. 2 Chit. Archb. Pr. (12th Ed. 1062.—Fieri fncias do bani: testatoris. The writ issued on an ordinary judgment against an executor when sued for a debt due by his testator. If the sherifif returns to this writ mzlla bond, and s devastarit, (q. 1)..) the plaintiff may sue out a fieri farms dc bani: propriis, under which the goods of the executor himself are seized. Sweet.

FIERI FECI. (I have caused to be made.) In practice. The name given to the return made by a shcriif or other officer to a writ of fleri farias, where he has collected the whole, or a part, of the sum directed to be levied. 2 1‘idd, Pr. 1018. The return, as actually made, is expressed by the word "Satisfied" indorsed on the writ.

Pie:-i non debet, (dalmit.) sad faetnm valet. It ought not to be done, but [if] done, it is valid. Shep. Touch. 6; 5 Coke. 39: T. Raym. 53; 1 Strange. 526. A maxim frequently applied in practice. Nichols v. Ketcham, 19 Johns. (N. Y.) 84, 92.

FIFTEENTHS. In English law. This was originally a tax or tribute, levied at intervnls by act of parliament, consisting of one-fifteenth of all the movable property of the subject or personalty in every city. township, and borough. Under Edward III., the taxable property was assessed, and the value of its fifteenth part (then about £29,000) was recorded in the exchequer, whence the tax, levied on that valuation, continued to be called a “fifteenth.” although, as the wealth of the kingdom increased, the name ceased to be an accurate designation of the proportion of the tax to the vaiue taxed. See 1 Bl. f‘ou1m. 309.

FIGHT. An encounter, with blows or other personal violence. ivetween two persons. See State v. Gladden, 73 N. C. 155: Carpentor v. People, 31 Colo. 234, 72 I'.:(. 1072: Coies v. New York Casualty Co.. 87 App. Div. 41. 83 N. Y. Supp. 1063.

FIGI-ITWITE. Sax. A mulct or line for making a quarrel to the disturbance of the peace. Called also by (lowell "forisfncmra

Bl.Law Dict.(2d Ed.)—32



The amount was one hundred and twenty shillings. Cowell.

FILACER. An officer of the superior courts at Westn1inster, whose duty it was to file the writs on which he made process. There were fourteen dinners, and it was their duty to make out all original process. Cow-


ell; Blount The ofilce was abolished in 1837

PILARE. In old English practice. To file Townsh. Pl. 6?.

FILE, n. A thread, strlng, or wire upon which writs and other exhibits in courts and offices are fastened or filed for the more sate-keeping and ready turning to the same. Spelman; Corvell; Tomlins. Papers put together nnd tied in bundles. A paper is said also to be filed when it is delivered to the proper officer, and by him received to be kept on file. 13 Vin. Al\r_ 211; 1 Litt. 113; 1 Hawk. P. C. 7. 207 ; Phlillps v. Beene. 33 Ala. 251; Holman v. Chevaillier. 14 Tex. 338; Besbe v. Mnrreil. "6 l\llch. 114. 42 I\'. W. 1119. 15 Am. St Rep. 233. But. in general, "fiie," or “the files." is used loosely to denote the official custody of the court or the place in the offices of a court Where the records and papers are kept.

FEE. 1). In practice To put upon the files, or deposit in the custody or among the records of a court.

“Filing a bill" in equity is an equivalent 6 expression to “commencing a suit.”

“To me" a paper. on the part of a party. is to place it in the official custody of the clerk. “To file," on the part of the clerk, is to iudorse upon the paper the date of its H reception, and retain it in his ofllce. suhject to inspection by wiiomsoever it may concern. Holman v. Chevaillier, 14 Tex. 33').

The expressions “tiling” and "entering of record" are not synonymous. They are nowhere so used, but always convev distinct ideas. "Fixing" originally signified placing papers in order on a thread or wire for safe—kec1nug. In this country and nt this day it means, agreeably to our practice, depositing them in due Ol‘llt'l.' in the proper office. Entering of record uniformiy implies writing. Nayior v. Moody. ‘.7 Blnckf. (Ind.) 247.

FJZLEINJAID. Brit A name given to villelns in the laws of Hnel Dds. Bm-ring. Obs. St. 302.

FILIATE. To fix a bastard child on some one, as its father. To declare whose child K it is. 2 W Bi. 1017.

Fflintio non patent probnri. 126. Fillation cannot be proved.

IWLIATION. The relation of :1 child to '- its parent: correlative to “paternit_\."

The judicial assignment of an illegitimate child to a designated man as its father.

In the civil law. The descent of son or daughter, with regard to his or her father, mother, and their ancestors. M

Co. Litt