Page:Black's Law Dictionary (Second Edition).djvu/516

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


FOOTGELD

FOOTGELD. In the forest law. An nniercement for not cutting out the hall or cutting ott the claws of a dog's feet, (exped- itating him.) To he quit of footgeld is to haie the privilege of keeping dogs in the forest u-nla-wed, without punishment or controL Miinwood.

FOOT-PRINTS. In the law of evidence. Impressions made upon earth, snow, or other surface by the feet of persons, or by the shoes, boots, or other covering of the feet. Burrill, Circ. Ev. 264.

FOR. Fr. In French law. A tribunal. Le for intcricur, the interior forum; the tribunal of conscience. Poth. Obl. pt. 1, c. 1. i 1. art. 3, 5 4.

FOR. Instead of; on behalf of; in place of; as, where one signs a note or legal ins_trunient “for” another, this formula importing agency or authority. Emerson v. Hat Mfg. Co., 12 Mass. 210, 7 Am. Dec. 66; Dono- van v. Welch. 11 N. D. 113, 90 N. W. 262: I‘\'ilks v. Biack, 2 East, 142.

During; throughout: for the period of: as, where a notice is required to be published "for" a Certain number of weeks or months. Wilson v. Northwestern Mut. L, Ins. Co.. 65 Fed. 39, 12 C. G. A. 505; Northrop v. Cooper, 23 Kan. 432.

In consideration for; as an equivalent for; in exchange for; as where property is agreed to be given “for” other property or "for" services. Norton v. Woodruif, 2 N. Y. 153; Duncan v. Franklin 'I‘p., 43 N. J. Eq. 143, 10 At]. 546.

Belonging to, exercising authority or fune tions within; as, where one describes himself as “a notary public in and for the said county."

—}‘or account of. This formula, used to an indnrsemerit of a note or draft. introduces the name of the person entitled to receive the procceds. Freibcrg v. Stoddard, 161 Pa. 259. % Ati. 1111; White v. Minors’ Nat. Bank. 102 U. S. 658. 26 L Ed. 2:')0.—!‘ox- cause. With reference to the power of removsi from office, this term means some cause other than the wili or pieasure of the removing authority, that is, some cause reiating to the conduct. ability, fitness, or competence of the officer. lhcerstown Street Com’rs v. Williams, 96 Md. 232, 58 At]. 923; In re Nichols, 57 How Prac. (N. Y.) 40-1.—!‘or collection. A form of indorssinent on a note or check where it is not inunded to transfer title to it or to give it credit or carrencv, but mereiy to authorize the transfer-ree to collect the amount of it. Central R. Co. v. Bank. 73 Ga. 383: Sweeny v. Eas- (or, 1 Wail. 166, 17 L. . $1; Fieiberg v. Stoddard. 161 Pa. 259. 28 All. 1lll.—Far that. In pleading. WorLls.nsed to introduce Ehe aiiegations of a deciaration. “For that" is a positive aliegation: “For that whereas" is a recital. nm. N. .—I‘oi- that where- as. In pleading. Formal words introducin

the statement of the plaintiffs case, by way (1% recitni. in his declaration, in all actions ex- cept trespass. 1 Instr. Cler. 170: 1 Burrill, Pr. 127. In trespass, where there was no recital, the expression used was, "For that." Id.; 1 Instr. Cir-r. 2.02.—]:‘or use. (1) For the benefit or advantage of another. Thus.

508

F0 RC1?

where an sssignee is obliged to sue In the name of his assignor, the suit is entitli-d "A. far use of B. v. C." (2) For enjoyment or employ- ment without destruction. loan “for use‘ is one in, which the builee has the right to use and enjoy the article, but without consunfiig or dcstroying it, in which respect it differs from 21 ions “for consuinpfion."—I‘or value. See H(iLm;:R.—Fur- value received. Ste VALUE REcnIv'an.—I‘or whom it may cocnern. In 8. policy of marine or fire ll1SLll'n.flCP. this phrase indicates that the insurance I! taken for the benefit of all persons (besides those named) who may have an insurable interest in the subject.

FORAGE. Hay and straw for horses. particularly in the array. Jacob.

FORAGIUM. Straw when the corn is threshcd out. Cowell.

FORANEUS. One from without; I foreigner; a stranger. Calvin.

FORATHE. In forest law. One who could make oath, i. 9., bear witness for an- other. Cowell; Spelman.

FORBALCA. in old records A tore- balk; a balk (that is, an unplowed piece or land) lying forward or next the highway. Gowell.

FORBANNITUS. one banished.

A pirate; an outlaw;

FORBARRER. L. Fr. To bar out; to preclude: hence. to estop.

FORBATUDUS. In old Eugiish law. The aggressor eiatn in combat. Jacob.

FORBEARANCE. The act of abstaining from proceeding against a delinquent debtor; deiay in exacting the enforcement of a right: indulgence granted to a debtor. Reynolds v. Ward, 5 Wend. (N. Y.) 504; Dicrcks v. Kennedy, 16 N. J. Eq. 211; Dry Dock Bank v. American Life Ins., etc., C0., 3 N. Y. 354.

Retraining from action. The term is used in this sense in general jurisprudence, in contradistinction to “act.”

FORCE. Power dynamically considered, that is, in motion or in action; constraining power, compulsion: strength directed to an end. Usually the word occurs in such connections as to show that unlawful or wrong- ful action is meant. Watson v. Railway Co.. 7 Misc. Rep. 562. 23 N. Y. Supp. 84; Plank Road Co. v. Robbins, 22 Barb. (N. Y.) 667.

Unlawful violence. It is either simple, as entering upon anotlier’s possession, without doing any other unlawful act; command, when some other violence is committed, which of itself alone is criminal; or implied, as in every trespass, rescous, or disseishi.

Power staticsiiy considered; that is at rest, or latent, but capable of being called into activity upon occasion for its exercise. Eth-

cacy; legal validity. This is the meaning