Page:Black's Law Dictionary (Second Edition).djvu/524

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FORSCHEL

FORSCHEL. A strip of land lying next to the highway.

FORSES. Waterfalls. Camden. Brit.

FORSPEAKER. An attorney or advocate in a cause. Blount; Whishaw.

FORSPECA. In old English law. Prolocntor; pai-anymphus.

FORSTAL. See Fomssrnnr.

For-stellarius est pauper-um depressor et totius cummnnitntis et patriaa pub- licus inimiens. 3 Inst. 196. A torestailer is an oppressor of the poor, and a public enemy of the whole community and country.

PORSWEAB. In criminal law. To make oath to that which the deponent knows to he untrue.

This term is wider in its scope than "per- jur_\." for the latter, as a technical term. icnludes the idea of the oath being taken before a competent court or officer, and relating to a material issue, which is not implied by the word “forswear." Fowle v. Robbins, 12 Mass. 501; Tonilinson v. Brittlebnnk, 4 Barn. & A. 632; Railway Co. v. Mccurdy, 114 Pa. 554, 8 At]. 230, 60 Am. Rep. 383.

FORT. This term means “something more than a mere military camp. post. or station. The term implies a fortification. or a place protected from attack by some such means as a moat, wall, or parapet." U. S. V. Tichenor (C. C.) 12 Fed. Q4.

FORTALICE. A fortress or place of strength, which anciently did not pass without a special grant. 11 Hen. VII. c. 18.

FORTALITIIJM. In old Scotch law. A fortalice; a castle. Properly a house or tower which has a battiement or a ditch or moat about it.

FORTHCOMING. In Scotch law. The action by which an arrestment (garnish- ment) is made effectual. It is a decree or process by which the creditor is given the right to demand that the sum arrested be applied for payment of his claim 2 Kames. Eq. 2ss. 289; Bell.

FORTHCOMING BOND. A bond given to a slierilf who has levied on property, conditioned that the property shall be forthcoming, i. c.. produced, when required. On the giving of such bond, the goods are allowed to remain in the possession of the debtor. Hill v. Munster, 11 Grat. (Va.) 522; Nichols v. Chittenden. 14 Colo. App. 49, 59 Pac. 954.

The shi-.1-ifi or other officer levying a writ of flan‘ fui-ias, or distress warrant, may take from the debtor a hood, witl_i_sufiicient surety. pay- shio to the creditor. reciting the service of such

516

FORTUIT

writ or warrant, and the amount due thertentg (including his fee for taking the bond, com sions, and other lawful riuirges, if any.) with condition that the property shall be forthmming at the day and place of sale: whereupon such property may be permitted to remain in the possession and at the risk of the debtor. Code Vs. ISS7. 5 3617.

FORTHWITH. As soon as, by reasonable exertion, confined to the ohiect, a thing may be done. Thus, when a defendant is ordered to plead forthwith, he must plead within twenty-four hours. When :1 statute enacts that an act is to be done "fortliwitli." it means that the act is to be done within I reasonable time. 1 Chit. Archb. Pr. (12th Ed.) 164; Diclierman v. Northern Trust Co., 176 U. s. 131, 20 Sup. Ct. 311. 44 L. Ed. 4" ; Faivre v. Manderscheid. 117 Iowa. 724. 90 N. W. 76; Martin v. Pifer. 96 Ind. 248.

FORTIA. Force. In old English law. Force used by an accessory, to enable the principal to commit a crime, as by binding or holding a person while another killed him. or by aiding or counseling in any way, or commanding the act to be done. Bract. fols 13S, 138D. According to Lord Coke, form was a word of art, and properly sismfied the furnishing of a weapon of force to do the fact, and by force whereof the fact was com- mitted, and he that furnished it was not present when the fact was done. 2 Inst. 182. —}‘ox-tin £1-isca. Fresh force. (a. o.)

FORTILITY. In old English law. A fortified place; a castle; s bulwark. Cowell; 11 Hen. VII. c. 13.

FORTIOR. Lat. Stronger. A term applied. in the law of evidence, to that species of presumption, arising from facts shown in evidence, which is strong enough to shift the burden of proof to the opposite party. Burrill. Circ. Ev. 64, 66.

For-tior est custodis. legis qusin ‘haminis. 2 Rolle, 325. The custody of the law is stronger than that of man.

Fortior et potentior est iiispositlo legis qnsm hominis. The disposition of the law is of greater force and eifect than that of man. Co. Lltt. 2340; Shep. Touch. 302; 15 East, H3. The law in some case: overrides the will of the individual, and rea- ders ineffective or futile his expressed intention or contract. Broom. Max. 697.

FORTIORI. See A Foamosi.

FORTIS. Lat. Strong. Fortii ct sana. strong and sound: staunch and strong; as I vessel. Townsh. Pl. 227.

PORTLET1‘. A place or port of same strength: a little fort. Old Nat. Brev. 45.

FORTUIT. In French law. Accidental; fortuitous. Gas fortuit. a fortuitous evenl.

Fortuitment. accidentally; by chance.