Page:Black's Law Dictionary (Second Edition).djvu/525

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FORTUITOUS

FORTUITOUS. Accidental; undesigned; adventitious. Resulting from unavoidable physical causes.

—1‘ur-tnitons collision. In maritime law. The accidental running foul of vessels. Peters v. Warren Ins. Co., 14 Pet. 112, 10 L. Ed. 37 . —1‘ox-tnitons event. In the civil law. That which happens by a cause which cannot be resi"‘efl. Au unforeseen occurrence, not caused by either of the parties, nor such as they could prevent. In French it is called "ms foriuit." Civ. Code La. art. 355(i. no. 15. There is :1 difference betwcen u fortuitous event, or ineiitnhie accident, and irresistible force. By the former, commonly called the "act of God." is meant any accident produced by physical causes which are irresistible: such as a loss l)V lightning or storms, by the perils of the sevi, by inundations and earthquakes, or by sudden death or illness. By the latter is meant such an interposition of human agency as is, trrwn its nature and power, absolutely uncon- lruninllle. Of this nature are losses occasioned l)V the inroads of a hostile army, or by pub- lic enemies. Story, Bailm. § 25.

FORTUNA. Lat. Fortune; also treas- ure-trove. Jacob.

Fortunam faciunt judicem. They make fortune the judge. Co. Litt 167. Spoken or the process of making partition among copnrceners by drawing lote for the several purports.

FORTUNE-TELLERS. In English law. Persons pretending or professing to tell fortunes, and punishable as rogues and vagabonds or disorderly persons. 4 Bl. Comm. 62.

FORTUNIUM. In old English law. A tournament or fighting with spears, and an appeal to fortune therein.

FORTY. In land laws and conveyancing, in those regions where grants. transfers, and deeds are made with rsference to the subdi- visions of the government survey, this term means forty acres of land in the form of a square. being the tract obtained by quarter- hig a section of lnnd (640 acres) and again qu.-irtering one of the quarters. Lente v. Clarke, 22 Flu. 515, 1 South. 149.

FORTY-DAYS COURT. In old English forest law. The court of attachment in forests, or wood-mote court.

FORUM. Lat. A court of justice, or judlciul tribunal; a place of jurisdiction ; a place where a remedy is sought; a place of litigation. 3 Story. 347.

In Roman law. The market place, or public paved court, in the city of Rome, where such public business was transacted as the assemblies of the people and the ju- dlcinl trial of causes, and where also electious markets, and the public exchange were held.

—I‘ox-um actor. The forum of the act. The fiorum _of the place where the act was done winch is now called in qusstion_—1‘m-um non- lcientiae. e forum or tribunal of con- Icience—!‘o:-iun oontentiosum. A contenti-

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FOSSATORUM OPERATIO

ous forum or court; a place of litigation: the ordinary court of justice, as distinguished from the tribunal of conscience. 3 Comm. 211. —Forum eontractiu. The forum of the contract; the court of the place where a contract is made; the place where a contract is made. considered as a place of jurisdiction. 2 Kent, Comm. 4-63,-For-um dnmesticum. A domestic forii or tribunal. The visitatorial power is callc a "forum domzsticmn," calculated to determine, sine .stre;m'tu_ all disputes that arise within themselves. W. B]. 82.—!‘arum domicilii. The forum or court of the domicile; the dam‘ "is of a defendant. considered as a place of junsii cticn. 2 Kent. Comm. 46” Forum ecclesrastieuin. An ecclesiastig court. The spiritual jurisdiction, as distin- guished from the secular.—1‘or-um ligeantina rei. The forum of defendant's nlicgiance. The court or jurisdiction of the country to WllI(‘lJ he owes allneiance —Fo1-um originis. The court of onc's nativity. The place of a person's hirtb, considered as u place of jui1'sdiction.— For-um regiuin. The king's court. St. ‘Vestal. 2, c. 43.—]:‘orum 1-ei. This term may mean either (1) the forum of the defendant. that is, of his residence or domicile: or (3 the forum of the res or thing in controiersy. that is, of the place where the property is situuted._ The ambiguity springs from the fact that rat may he the genitive of either was or ree.—I‘or-um I-ei gestie. The forum or court of a res gesta, (thing done ;) the place vibere an act is done, considered as a place of jurisdiction and rem- edy. 2 Kent. Comm. 4f‘x‘3.—-Forum re-I aitie. The court where the thing in controversy is situated. The place where the subject-matter in controversy is situated, considered as a place of jurisdiction. 2 Kent, C_ou_im. _463.—I‘or-inn: secular-e. A secular, as distinguished from an ecclesiastical or spiritual, court.

PORURTH. In old records. of ground. Cowell.

A long slip

FORWARDING MERCHANT, or FOR- WAJRDER. One who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a coni- pensation from the owners, having no concern in the vessels or wagons by which they are transported, and no interest in the freight, and not being deemed a common carrier, but a mere warebousenian and agenti Story. Bailm. §§ 502, 509. Scbloss v. Wood, 11 Colo. 287, 17 .Pac. 910; Ackley v. Kellogg. 8 Cow. (N. Y.) 224; Place v. Union Exp. 00., 2 Hllt. (N. Y.) 19: Bush v. Miller, 13 Barb. (N. Y.) 488.

FOSSA. In the civil law. A ditch; a receptacle of water, made by hand. Dig. 43, 14, 1, 5.

In old English law. A ditch. A pit full of water, in which women committing felony were drowned. A grave or sepulcher. Spel- [DEX].

FOSSAGIUM. In old English law. The duty levied on the inhabitents for repairing the moat or ditch round a fortified town.

FOSSATORUM OPERATIO. In old English law. Fosse-work; or the service of laboring, done by inhabitaute and adjoining tenants, for the repair and maintenance of

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