Page:Black's Law Dictionary (Second Edition).djvu/523

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FORMATA BREVIA

FORMATA BREVIA. Formed writs; writs of form. See BREVLA Foauara.

FORMED ACTION. An action for which a set form of words is prescribed. which must be strictly adhered to. 10 Mod. 140, 14.1.

FORMED DESIGN. In criminal law, and particularly with reference to homicide, this term means a deliberate and fixed in- lention to kill, whether directed against a particular person or not. Mitchell v. State, 60 Ala. 33: Wilson v. State. 128 Ala. 17. 1!) South. 569; Ake v. State, 30 Tex. 473.

PORMEDON. An ancient writ in Eng-

llsh law “[1101] was available for one who had a light to lands or tenements by virtue of a gift in tziil. It was in the nature of a writ of right, and was the highest action that a tenant in tail could have; for he could not have an absolute writ of right, that being confined to such as clnuncd in fee.-simple, and for tliai reason this writ of fornicdon was granted to him by the statute de donis. (Westin. 2, 13 Edw. I. c. 1,) and was emphatically called "his" writ of right. The writ was distinguished into three species, vlz. Forniedon in the descerider, in the remainder, and in the reverter. It was abolished in England by St. 3 S: 4 Wm. IV. c. 27. See 3 Bl. Comm 191; C0. Lltt. 316; Filzh. ;\‘at. Brev. 255. —!‘m-medon in the desoender. A writ of formcdon which lay Where a gift was made in tail, and thc tenant in tail uliencd the lands or was disseised of them and died, for the heir ln tail to recover them, against the actual tmant of the freehold. 3 B ' min. 192.- Pormedon in the remainder. A writ of tormedon which lay where a man gave lands to another for life or in taii, with remainder to a third person in tall or in fee, and he who had the particular estate died without issue inhcrit1hle, and a stranger intrudcd upon him in remainder, and kept him out of possession. this case he in remainder, or his hair, was entitled to this writ. 3 Bl. Comm. 192.—l‘orme- lion in the revel-ter. A writ of forruedon which Is where there was a gift in tail, and al'tervlaris, by the death of the dnnee or his hcirs without issue of his body, the rcversion fell in upon the donor, his heirs or assigns. In such case, the reversiormr had this writ to recover the lands. 3 Bl. Comm. 192.

FOEMELLA. A certain weight of above 70 lhs., mentioned in 51 Hen. III. Cowell.

FORMER ADJUDICATION, or FOR- MER RECOVERY. An adjudication or recovery in a former action. See Res Jum- DATA.

FORIVIIDO PERICULI. danger. 1 Kent, Comm. 23.

Lat. Fear of

FORMULA. In common-iaw practice, a set form of words used in judicial proceedings. In the civil law, an action. Calvin.

FORMULIE. In Roman law. When the lemis actionea weie proved to be inconven-

515

FORPRISE

ient, a mode of procedure called "per farmula.s'," (i. e., by means of fnrmul|e,) was gradually introdnced, and eventually the le- gis actitmes were abolished by the Les IE0»- tia, B. C. 16-1, excepting in a very few exceptional matters. The fmwmlw were four in number, namely: (1) The Demansmitio, wherein the plalntifi stated, 1. 5., showed, the facts out of which his claim arose; (2) the 1-ntcntio, where he made his claim against the defendant; (3) the Adiudicatia, wherein the jndex was directed to assign or adjudicate the property or any portion or portions thereof according to the rights of the parties; and (4) the Con-denmntio, in which the judcx was authorized and directed to condemn or to acquit according as the facts wire or were not proved. These formulae were obtained from the magistrate. (in para.) and were thereafter proceeded with before the judcx, (in judicio.) Brown. See Mack- eld. Rom. Law, § 204.

FORMULARIES. Collections of farmulw, or forms of forensic procecdlngs and instruments used among the Franks, and other early continental nations of Europe. Among these the formulary of l\I.-irculphus may be mentioned as of considerable Interest. Butl. Co. Lltt. note 77, lib. 3.

FORNAGIUM. The fee taken by s lord

of his tenant, who was bound to bake in the lord's common oven. (in fm-no dami'ni,) or for a commission to use his own.

FORNICATION. Unlawful sexual intercourse between two unmarried persons. Further, it one of the persons be married and the other not, it is fornication on the part of the latter. though adultery for the former. In some jurisdictions, however, by statute, it is adultery on the part of both persons if the woman is married, whether the man is married or not. B-inks v. State, 96 Ala. 78. 11 South. 404; Hood v. Slate. 56 Ind. 263, 26 Am. Rep. 2]; Com. v. Latferty, 6 Grnt. (Va.) 673; People v. House. 2 Mich. N. P. 209; State v. Shear. 51 Wis. 460, 8 N. W. 287; Buchanan v. State, 55 Ala 154.

FORNIX. Lat. A brothel; fornlcution.

PORNO. In Spanish law. An oven. Las

Partidas, pt. 3, tit. 32, l. 18.

FORO. In Spanish law. The place where trlhunnls hear and determine causes,—c.ter- cendarmn litium locus.

POROS. In Spanish law. rents. Schm. Civil Law, 309.

Einphyteutic

FORI-‘RISE. An exception; reservation; excepted; reserved. Anciently, a term of frequent use in leases and conveyances. Couell; Blount.

In another sense, the word is taken for any exnction.

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