Page:Black's Law Dictionary (Second Edition).djvu/507

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FINANCIER

(as the property or money which a state now owns) or dynumicaily, (as its income, revenue, or public resources.) Also the revenue or wealth of an indnidual.

FINANCIER. A person employed in the economical management and application of public money; one skilled in the management of financial alfalrs.

FIND. To discover; to determine; to ascertain and declare. T0 announce a conclu- sion, as the result of judlcial Lnvestlgution, upon a disputed fact or state of facts: as a lhry are said to “find a will." To determine 1 controversy in favor of one of the parties; as a jury "find for the plaintitf." State v. liuliu-icy. til Conn. 28?, 23 Atl. 186, 14 L. R. .\ 65?; Weeks v. Trash. 81 Me. 127, 16 Atl. 4i '2 L. R. A. 532; Southern Bell Tel.. etc, Co. v. Watts, 66 Fed. 460, 13 0. O. A. 579.

FINDER. One who discovers and takes possession of another’s personal property, which was then lost Kincaid v. Eaton, 98 Mass 1 9. 93 Am. Dec. 142.

A searcher employed to discover goods imported or exported without paying custom. Jacob.

FINDING. A decision upon a question oi! fact re-lcherl as the result of a judicial ex- .uuin'liion ur Lutestigatinn by a court. jury. rrreree. coroner. etc. Williams v. Giblin. 86 Wis. (HS. 57 N. W. 1111: Rhodes v. United States Bank. 66 Fed. 514, 13 C. C. A. 612, 34 L. R. A. 742.

—Finding of fact. A determination of a fact hy the court, such fact being averred by one |1rty and denied by the other, and the dctermination ht-ing based on 1118 evidence in the rise: also the answer of the jury to a. specif- |r- intermaatory pro]-pounded to them as to the rwistena-p nr n0n—cxisl‘('nL‘e of a fact in issnc. iilles v. Mc(‘allan, 1 Ariz. 491, 3 Pnc. G I’) Murphy v. Bennett. 68 Cal. .’n2S. 9 Pnc. 9,

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\iorl1ey . ll-lilwny Co.. 116 iown, St. 89 N. ll’. 10’ General and special findings. Where I ues of fact in a case are submitted to

the court by couscut of parties to be tricd with- nut 21 ju ', the "finding" is the decision of the r-nurt as to the disputed facts, and it may he citlmr general or special, flue former being a vnnerrll statement thnt the facts are in fiver of such a party or entitle him to jnd.-rmeut, the latter hcinpz :1 specific setting forth of the ultimate facts cstablished by the eritlenco and which are dcterminathc of the jurl;-.mt-nt which must he civen. St-e Rhodes v. United States \'at Bank. G6 Fed. 514. 13 C. C. A. 612. 34 L. R. A. 7-! Se11'(;v (‘minty v. Thompson, (Hi Fed. 514. 13 . C. A. 349: Hum reys v. Third .\'at Bank. '75 Fed. 856, 21 C. . A. 538.

FINE. «I. To impose a pecuniary punish- ment or mulct. To sentence a person con- victed of an olfense to pay a penaity in uuInc_v. Goodman r. Durant R. & L. Ass'n, 7] \i <. 310. 14 Snuth. 146; State V’. Belle. 92 iow.'L 253, 60 N. W. 5%.

FINE, n. In conveyancing. An amica- hle composition or agreement of a suit, either actual or fictitious, by leave of the court, by

499

FINE

which the lands in question become, or are acknowledged to he, the right of one of the parties. 2 Bl. Comm. 349; Christy v. Burch, 25 Fla. 942, 2 South. 253;, First Nat. Bank v. Roberts, 9 Mont. 323, 23 Pac. 718; Hltz V. Jenlis, 123 U. S. 297, 8 Sup. Ct. 143, 31 L. Ed. 156; McGregor v. Comstock. 17 N. 1'. 160. Fines were abolished in England by St. 3 & 4 Wm. IV. c. 74, substituting a disentailing deed, (q. o.)

The party who parted with the land, by acknowledging the right of the other, was said to levy the fine, and was called the "cognizor" or “conusol-," whlle the party who recovered or received the estate was termed the “cognizee" or "conusee," and the fine was said to be levied to him.

In the law of tenure. A fine is a money payment made by a feudal tenant to his lord. The most usual fine is that payable on the admittance of a new tenant, but there are also due in some manors fines upon alienation, on a license to demise the lands, or on the death of the lord, or other events. El- ton, Copyh. 159; De Peystcr v. Michael, 6 N. Y. 495, 57 Am. Dec. 470.

—Exeeuted fine, see Ex cU'rEn.—I‘ine and recovery act. The Eng ‘b statutes 3 & 4 ‘Vin. IV. c. 74, for abolishing fines and recoveries. 1 Steph. Comm. 51-1, at seq.—I‘ine for nlienation. A fine anciently payable upon the alienation of a feudal estate and substitution of a new tenant. It was payable to the lord by all tenants holding by knighfs service or tenants in uuyrite by socage tenure. Abolished by 12 Car. II. c. 24. See 2 Bl. Comm. T1 S9.—I‘iue for endowment. A line auciently payable to the lord by the widow of a tenant. without which she could not be endowed of her husband's lands. Ahciishcd under Hemw I., nnd by Mllnlla Charla. 2 Bl. C 1\Ioz-

omm. 135; icy & Wlxitley.—Fine aux cognizance dc dtoit come ceo que il ad de son done.

fine upon acltnowledg-ment of the right of the cognizee as that which he bath of the gift of the cog-nizor. By this the deforciant acknowl- ctlgcd in court a former foeffmcnt or gift in posses. on to hove been made by him to tbc plaintiff. 2 Bl. Comm. 35f_’.—Fine snr cognizance tie drnit tantum. A fine upon ac- knotvlctlguient of the right mcreiy, and not with the circumstance of a preceding gi/t from the cognizor. This was commonly used to pass ll rcrcrsrionary interest which was in the cognizor, of which [here could be no focifmcnt supposed. 2 Bl. Comm. 353; 1 Steph. Comm. 519.—Fina our cnncessit. A fine upon coliccsait, (he hath granted.) A spccics of fine, where the cognizor, in order to make an end of disputes. though he ackuowlotlg-efil no preccrlcnt right. yet granted to thc cognizce an estate do nun-J, usually for life or years, by way of supposed composition. 2 iii. Comm. 353; I Stcph. Comm. 510.—Fina our done grant et render. A double flue, comprchentlmg the flue our cognizance do dr-cit ccmc cm and the tine sur cour-cssit. It might he usetl to convey particular limitations of estates, whercas the fine our cognizance do droil come cea, etc., conveyed nothing but an ahsolute estate. either of inheritance, or at least free- hold. In this last species of fincs, the cognizee. after the right was acknowledged to be in him, grantcll hack again or rendered to the cognizor. or perhaps to a stronger. some other estate in the premises. 2 Bi. C

tom m. 353.

In eriminal law. Pecuniary punishment imposed by a lawful tribunui upon a person

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