Page:Black's Law Dictionary (Second Edition).djvu/521

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FORFEITURE

times when its importation was prohibited, to be proclaimed each term in the excheqncr.-— For-feituz-es abolition act. Another name for the felony act of 1870, abolishing forfeitures for felony in England.

FORGABULUM, or FORGAVEL. A quit-rent; a small reserved rent in money. Jacob.

FORGE. To fabricate, construct, or prepure one thing in imitation of another thing. with the intention of substituting the false for the genuine, or otherwise deceiving and defrauding by the use of the spurious article. To counterfeit or make falsely. Especially, to make a spurious written instrument with the intention of fraudulently substituting it for another, or of passing it off as genuine; or to fraudulently alter a genuine instrument to another's prejudice; or to Sign another person‘s name to a document, with a deceit- ful and fraudulent intent. See In re Cross (D. C.) 43 Fed. 520; U. S. v. Wat1(l.ns, 28 led. (as. 445; Johnson v. State, 9 Tex. App. '_'.’.v1; Longwell v. Day, 1 Mich. N. P. 290; [‘eople v. Compton, 123 Cal. 403, 56 Pac. 4-1; People v. Graham, 1 Sheld. (N. Y.) 155; Rohr v. State. 60 N. J. Law, 576, 38 Atl. G73; Haynes v. State. 15 Ohio St. 455; Garner v. State, 5 Lea, 213; State v. Greenwood. 76 Minn. 211, 78 N. W. 1042, 77 Am. St. Rep. 632; State v. Young, 46 N. H. 266, 88 Am. Dec. 212.

To forge (a metaphorical expression, borrow- ed from the occupation of the smith) means. properly speaking, no more than to make or form, but in our law it is always taken in an evil sense. 2 East, I’. C. p. 852. c. 19. § 1.

To forge is to make ‘ the likeness of something else; to counterfeit is to make in imitation of something else, with a view to defraud by passing the false copy for genuine or original. Both words, “for,-red" and “cnnntcrfeited." con- vey the idea of similitude. State v. McKenzie, 42 Me. 392.

In common usage, however, fa-rgory is almost siwsys predicated of some livate instrument or writing, as a deed. note, will, or a signature; and counterfeiting denotes the fraudulent imits_tion of coined or paper money or some sub- stitute therefor.

FORGERY. In criminal law. The falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. 2 Bish Crim. Law. 5 523. See FORGE.

The thing itself, so falsely lllfllii’-'_ imitated or forged: especially a forged writing. A forged signature is frequently said to be "a forgm'1/.“

In the law of evidence. The fabrication or counterfeiting of evidence. The artful and fraudulent manipulation of physical oh- jccts, or the deceitful arrangement of genu- ine facts or things, in such a manner as to create an erroneous impression or a false in- ference in the minds of those who may ob- serve them. See Burrill, -Clrc. Ev. 131. 420. —:I'orgery act, 1870. The statute 33 & 34 hot. c. 58, was passed for the punishment of

Bl.Law Dict.(2d Ed.)—33

513

FORISFAOTUS

forgers of stock certificates, and for extending to Scotland certain provisions of the forgery act

of 1861. llriozley 8: Whitley. FOR]-IIJRDA. In old records. A herd- lnnd, headland, or foreland. Cowell. FORI DISPUTATIONES. In the civil

law. Discussions or arguments before a court. 1 Kent, Comm. 530.

FORINSBCUS. Lat. Foreign; exte- rior; ontside; extraordinary. iscrvit-ium fo rinsecuili, the payment of aid, scutage, and other extraordinary military services. F - r'i1:.sm'111n maucriurn, the manor, or that part of it which lies outsids the bars or town, and is not included within the liberties of it. Powell; Blonnt; Jncdh; 1 Reeve, Eng. Law, 273.

FORINSIC. In old English law. Exterior; foreign; extraordinary In feudal law, the term “forinsic services" compre-

hended the payment of extraordinary aids or the rendition of extraordinary military services, and in this sense was opposed to "intrinsic services." 1 Reeve, Eng. Law, 273.

FORIS. Lat. Abroad; out of doors. on the outside of a place; without; extrinsic.

FORISBANITUS. In old English law. Banished. FORISFACIZRE. Lat. To forfeit; to

lose an estate or other property on account of some criminal or illegal act. To confiscate.

To act heyond the law, 4. e., to transgress or infringe the law; to commit an offense or wrong: to do any act against or beyond the law. See Co. Litt. 59:1; Du Gauge; Spel- man.

Fnrisfacera, 1. e., extra legem sen con- lnetudinem facere. Co. Litt. 59. Portsfurerc. 4. e., to do something beyond law or custom.

FORISFACTUM. Forfeited. B01111 fo- rlsfacte, forfeited goods. 1 Bl. Comm. 299. A crime Du Cange; Speiman. FORISFACTURA. A crime or offense through which properly is forfeited.

A fine or punishment in money.

Forfeiture. The loss of property in consequence of crime. —Forisfn.ctIu'a. plona. A forfeiture of till a man's property. Things which were l'o'.'foitprl. Dn Cange Speiman.

or life

FORISFACTUS. A criminal. One who has forfeited his life by commission of a capital offense. Spelman.

—!‘o1-isfact-us sex-vus. A slave who has been a free man, but has forfeited his freedom by crime. Du Cange.

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