Page:Black's Law Dictionary (Second Edition).djvu/522

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FORISFAMILIARE

FORISFAMILIARE. In old English and Scotch law. Literally, to put out of a family, (foris familiam ponere.) To portion off a son, so that he could have no further claim upon his father. Glanv. llh. 7. c. 3.

To emancipate, or free from paternal authority.

FORISFAMILIATED. In old English law. Portioned off. A son was said to be forisfamiliated (forisfamiliari) if his father assigned him part of his land, and gave him seisin thereof, and did this at the request or with the free consent of the son himself, who expressed himself satisfied with such portion. 1 Reeve, Eng. Law, 42, 110.

PORISPAMILIATUS. In old English law. Put out of a faniilv: portioned off; emancipated: forisfnmiliated. Bruct. foi.B4.

PORISJTIDICATIO. In Old English law. Forejudger. A forejudgment. A judgment of court whereby a man is put out of possession of a thing. Co. Litt. 1()0b.

PORISJUTJICATUS. from court; banished. by judgment of court. Lltt. 100b; Du Cange.

Forejudged: sent Deprived of a thing Bract. fol. 2ii0b; Go.

PORISJURARE. jure: to nhaudon. —Fo1-is;iura.re par-entilurn. To remove oneself from pnrentul authority. The person who did this lost his rights as heir. Du Cange.— Provinciam fnriajuz-are. To (orswear the

To torswear; to ab-

country. Spelman. FORJUDGE. See Foanmnem. FORJURER. L. Fl‘. In old English law.

to forswenr; to abjure.

—I‘urju::-er roynlme. Britt. cc 1, 16.

To nbjure the realm.

FORLER-LAND. Land In the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained But. Surv. 56.

FORM. 1. A model or skeleton of an Instrument to be used in a judicial proceeding. containing the principal necessary matters. the proper technical terms or phrases, and nliatever else is necessary to make it fornmlly correct. armnged in proper and methodical order, and capable of being adapted to the circumstances of the specific case.

2. As distinguished from "substance." "form" means the legal or technical manner or order to be observed in lean] instruments or juridical proceedings, or in the construction of legal document or processes.

The distinction between "form" and “sub- stanm-" is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient irrespective of the manner of setting it forth, the

514

FORMATA

defect is one of substance. If the matter of the plea. is good and suliicient, but is i!i:ll“tlfif‘ll|l.l_V or defectively pleaded, the defect is one of form. Pierson v. Insurance 00., 7 I-Ioust. (Del.) 30?. 31 Atl. 966.

—Commou form, Solemn form. See Pso- na'rE.—l‘urm of the statute. The words. language, or frame of a statute, and hence the inhibition or command which it may contain: used in the phrase (in criminal pleadiuzl “against the form of the statute in that case made and provided."—I‘oa-ma of action. The general designation of the various species or kinds of personal actions known to the common law, such as trover. trespass, debt, asrumpmi. etc. These dilfer in their pleadings and ondence, as well as in the circumstances to which they are respectively applicable. Tiuax v. Par- vis. 7 Iloust. (Del.) 33!). 32 AH. 227.—Matter of form. In pleadings. indictments. marm- ances. ef.c.. matter of form (as distinguished from matter of substance) is all that relates to the mode, form, or style of expressing the facts involved, the choice or arrangement of words. and other such particulars, without nfiecting the substantial validity or sulficieucy of the instrument, or without going to the merits. Rall- way Co. v. Kurtz. l0 Ind. App. 60. 37 is‘. E. 309.; M nth v. Missis"ppi Levee Com'rs. 109 U. S. "‘ ' 3 Sup. Ct. 2%, 27 L. Ed. 930; Stale V. Amidon. 58 Vt. 524-, 2 Atl. 154.

FORMA. Lat. Faun; the prescribed form of judicial proceedings. —1‘orma. at figure. judicii. The form and shape of judgment or judicial action. 3 Bl. Comm 1.—1‘m-ma pauper-is. See in Fos- MA PAUTERIE.

Foun gives being Lord

For-ma. da.t ease. Called "the old physical maxim." Henley, 0b., 2 Eden, 99.

Forms. legaliu forms esnentialia. Legal form is essential form. 10 Coke, 100.

For-ma. non uhservata, infertur a.dnullatin autus. Where form is not observed, a nullity of the act is inferred. 12 Coke, 7. Where the law prescribes a form, the non- oluscrvance of it is fatal to the proceeding, and the whole becomes a nullity. Best, Ev. Introd. § 59.

FORMAL. Relating to matters of form:

as. "formal defects-" inserted, added, or joined pro farma. See Panrms. PORMALITIES. In England. robes

worn by the magistrates of :1 city or come rntiou. em. on solemn occasions. Enc Loud.

PORMALITY. The conditions, in re gard to method. order. arrangement, use of technical expressions. performance of specific acts, etc., wbicb are required by the law in the making of contracts or conveyances, or in the taking of legal proceedings, to insure tiioir validity and regularity. Succession of Seymour. 48 La. Ann 993, 20 South. 217.

FORMATA. In canon law. Canonical

letters. Spelman.