Page:Black's Law Dictionary (Second Edition).djvu/518

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FORDIKA

FORDIKA. In old records. Grass or herbage growing on the edge or bank of dykes or ditches. Cowell.

FORE. Sax. Before. Fr. Ont Kel- hnin,

FORECLOSE. To shut out; to bar. Used of the process of destroying an equity of redemption existing in a mortgagor.

FORECLOSURE. A process in chancery by which all further rlght exislliig In a mort- g.1g0r to redeem the estate is defeated and lost to him, and the estate becomes the absolute liropcrty of the mortgagee . being nppll- ealile ’\\ hen the riiortgagor has forfeited his estate by non-paymeiit of the money due on the mortgage at the time appointed, but still l‘l'L1ll.]S the equity of redemption. 2 Washb. [teal Prop. 237. Goodm lll v. White, 28 Conn.

"’ Airiiigton r. Liscom. 3-1 Cal. 370, 94

Appeal of Aiisonii Nat. Bank, 18 AU. IUIJU; \\-'illlz1I.i1s v. “'11- soii. -12 or. 299. 70 Pac 1031. 95 Am St Rep. ‘T45.

The term is also ioosciy applied to any of t.he vai iuus methods. statutory or otheiwise, known in different jlll'lS(l.lC[lOllS, of enforcing payment of the debt secured by a mortgage, by taking and selling the mortgaged estate.

F‘or(-closure is also applied to pro(‘ee1l.lu.L_'s founded upon some other ilens; thus there are proceedings to foreclose a mechanic's lien.

—I‘o1-eclosnre decree. Properly s eaking, n du-rec onieiing the strict foreclosure fsee infra) of 8. mortgage: but the term is also iooscly and conventionally applied to a decree ordering the sale of the mIu‘tgn;,'ed premises and the satisfaction of the mortgage out of the proceeds. Il.mm'er F. Ins. Co. v. Brown. ‘[7 Mil. 64. 25 -‘ltl 96!). 39 Am. St. Rep. 3SIi.—I‘ureclosnro sale. A sale of mortgaged property to obtain saiisfaclion of the mortgage out of the pro- (ex-(ls. ahrthcr authorized by zi decree of the court or by a poaer of sale containtd in the ni(:i'tg.-«uge. See Johnson v. Cook, 91; Mo. App.

’ : \’V. 52li.—Statntnry foreclosure. The term is sometiines applied to foreclusilre by l,’Xt‘Ld]l'lU'l'l of_ a power of sale contained in the mortgage, without recourse to the courts, as it must confonn to the provisions of the statute regiirilin such sales. See Mowry v. Sanhorn, ll liiin v. Y.) 5-1S.—Strict foreclosure. A decree of strict foreclosure of a inortgage finds the amoiint due under the mortgage, orders its payment within E certain iimired time, and pro- iiriis that. in default of such payment, the debtor's right and equity of redemption shall be forever hiirred and foreclosed; its effect is to us: the tifle of the property iihsoiutcly in the mortgagee. on default in payment, without uny sale of the 'n!'operty. Champion v Hinkle, 45 '\l. J. E]. ID2, 16 Ati. 701: Lightcap V‘. Bradley. 156 Ill. 510, -'38 N. F‘ 221; ¥Varner Bros. Co. v. Freud, 138 Cui. 6.11. 72 Pac. 345.

POREPAULT. In Scotch law. To forfeit; to lose. FOR]-:GII"I‘. A premium for a lease.

FOREGOERS. Edw. IIL c. 6.

Royal purveyors. 28

510

FOREIGN

FOEEHAND RENT. In English law. Rent payable in advance; or. more properly. a species of premium or honus paid by the tenant on the making of the lease, and particularly on the renewal of leases by ecclesi- astical corporations.

FOREIGN. Belonging to another nation or coun try; belonging or attached to another jurisdiction; made. done, or rendered in an- other state or jurisdiction; subject to another jurisdiction; operating or solvable In an- other territory; extrinsic; outside; extraordlnary.

-—I‘areign answer. In old English practice. An answer which was not trhhle in the count “here It was made. (St. 15 Hen. VI. c. 5. Blnunt.—Porcign uppuser. An officer in tho exchaquer who examines the sheriflf's crtrmls, comparing them with the records, and apposeth (llIlel'l'0;,'iltI2S) the slierifi what he says to each particular sum therein. 4 inst. 107: Biount: Cu\.\‘cii.—I‘n1'eign bought and sold. A custom in London w ieh, being found prejudicial 10 sellers of cathe in Smi 'eld was ahoiished. Whartoii.——I‘oreign coins. Coins issued as money under the authority of a foreign government. As to their vaiuation in the United States. see Rev. St. '. -. § 3 6-1. 3565 (U. 8. Comp. St 1901, pp. 2375. 23 .—!‘oreig-n courts. The courts of B, foreign state or nation. In the United States, this term is fre- quently applied to the courts of one of the states when their judgments or records are in- I.l'K\llI.lCF_'(i in the courts of nnother.—I‘oreign Doniininn. In English law this means a. country which at one time formed part of the doniinions of a foreign state or potentzite. hut which by conquest or cession has become a part of the domininns of the British crown. 5 Best & S 290.-—-Foreign enlistment net. The statute 59 Geo. Ill. c. (51). Drohihiting the _en- listment, as a soldier or sailor. ln any foreign scrvice. 4 Steph. Comm. 226. A inter and more stringcnt act is that of 33 8: 34 VicL c. 90.—Foz-eig-n exchange. Drafm drawn on 8 foreign state or country.—I‘ore'g‘n-going ski . By the English merchant shipping act. 1333. (17 8: 18 Vict. c. 10-1,) § 2, any ship empinycd in trading, going between some place or places in the United Kingdom and some place or places situate beyond the following limits. that is to say: The coasts of the United King- doln, the islands of Guernsey. Jersey, Snrk. Alderney, and Man, and the continent of Eu- rope, between the i-iver Elbe and Brest. lnclu- sive. Home—trade ship inciudes every ship employed in trading and going betwcen places within the last-mentioned liniits.-—-Ihreign matter. In old practice. Mutter trinhle or done in another cunnty. Co\veil.—I‘ore'lg'n office. The department of state through which the English sovereign communicates with foreign powers. A secretary of state is at its head. Till the middle of the last century the fam- tions of a secretary of state as to foreign and home questions were not disiLnited.—I‘oreign service, in feudal law, was that whereby ll mcsne lord held of another, without the coin- pass of his own fee, or that which the tenant performed either to his own lord or to the lord paramount out of the fee. (Kitch. 299.) Foreign service seems also to be used for knight’: service, or escuage uncertain. (Perk. 650.) Ja- coh.

As to foreign "Administrator." "Assignment," “Attacl;iment." “Bill of Exchange,"

“Charit_v." "Commerce." “Corporation," “Oounty." “Creditor,” "Divorce." "Docu-

ment." “Domicilt-," “]?‘actor." "Judgment."