Page:Black's Law Dictionary (Second Edition).djvu/534

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FRITH

FRITH. Sex. Peace, security, or protection. This word occurs in n1any compound terms used in Angio-Saxon law.

—Frit:hburg. Frank-piedge. Cowcil.—F1-it}:- bote. A SaflSft1l‘li0lJ or fine h of the pcace.—Fritlnbreacl:. The hrea_ g of the pcnce.—Frithga.r. The year of ]llbliE€. or of meeting for peace and t‘riendship.—Frit_h- glldn. Gniidhnil: 11 company or E1-_atern1l.y for Lhc maintenance of peace and secuuty; al- so a fine for breach of the peace. Jz1cob.p- Fritlmmn. A number of :1 company or fru- it-l‘lIIl‘V.—'E‘l‘it]l§O(!lJE. Surety of defense. Ju- risdiction of the pcacc. The fianchise of preserving lhn peace. Also spciird “fruthsnl.-e11." —Fx-ithsplot. A spot or plot of ian_d. encircli11g some stone. trec, or weii. considered sntrod, anti thcrcfore atfording sanctuary to criminals.—Fritlistool. Tile stool of peace. A stooi or chair placed in :1 church or cathedral. and which was the svmhoi and [since of sanctuary to those who fied to it and reached it.

FRIVOLOUS. An answer or piea is caiied “fxivnlous” when it is cieariy im:nflicieut on its face, and does not controvert the material points of the opposite pleading, and Is presum:1hly interposed for mere purposes of delay or to embarrass the pisintil1'. Erwin v. Lowery, 64 N. C. 321; Strong v. Spmui. 53 N. Y. 499; Gray v. Gidiere, 4 Stroh. (S. C.) 442: Peacock v. Williams (0. F.) 110 Fed. 916.

A frivolous demurrer has been rlefined to he one u bich is so clearly untenable, or its insufficicncy so manifest upon a bare inspection of the pleadings. that its ch:1r:1cter may be detormincd wltiiout nrgurnent or resc'1rch. Cottrlli v. Urumer. 40 W'is 55$.

Synonyms. The terms “frivoious" and "sham ' as applied to plemlings, do not mean lhe some thing. A sham plea is good on its face, but false in fact; it may. to aii appearnnuns. cousfilnte D. pcrfoct defense, but is n. pl'e[("l:|(‘4> lm-misc false and because not pleaded in gnrui faith. -\ friwluus plea may he perfectly hue a its alin-gatinns. hut_ye_t is liable to be shit-ken out lucuuse totally insufficient in suhstince. Andrmc v. Bundlcr (Sup.) 56 N. Y. Supp. (‘.1-I: Brown v. Jeuison, 1 Code R. IN. '3. (N. Y.) 157.

FRODMORTEL, or FREOMORTEL. in immunity for connnitting Luansiaugbter. \lon Angl. t. 1, p. 173

FRONTAGE—l‘RONTAGER. In Eng- iisii law a frontager is a nelson owning or occupying land which abuts on a highway. river. sea—shore, or the like. The term is gcneraily used with reference to the liabiiity of fro11tn:,'crs on streets to contribute to- Wards the etpcnse of paving. draining. or other nmhs on the highway carried out by a iocai authority, in proportion to the trout- nge of their respective tenements. Sweet.

The term is also in a simiiar sense in Ameiican law, the expense of local improve» ments made by municipal corporations (such as paying. curbing, and sewerinm being gecnrally us scd on abutting property owners in proportion to the "frontage" of thslr lots on the street or highway, and an assess- ment so ierled ‘being called :1 “trontage :1s-

526

FRUCTU S PENDENTES

sesslneut." l\'ee.n:m v. Smith. 50 Mo. 53]: Lyon v. Tonnwauiia (C. C.) 98 Fed 306.

FRONTIER. In internationai law. That portion of the territory of any country which lies close along the border iine of an- other country, and so “fronts" or face: it. The term means something more than the boundary line itseif_ and inciudes a tract or strip of country, of indefinite extent cuntiguous to the iine. Stoughton v. Mott, 15

Vt. 169. FRUGTUARIUS. Lat. In the civil iaw. One who had the usufruct of :1 thing;

L e., the use of the fruits. profits, or icnrease, as of land or aniinais. Inst. 2. 1. 36. 38. Bracton appiies it to a icssee. fermor, or farmer of land, or one who held lands uni flrmum, for a farm or term. Bract. foi. 21:].

FRUGTUS. Lat. In the civil law. Fruit. fruits: produce; profit or increase; the organic productions of a thing.

The right to the fruits of :1 thing belonging to another.

The compensation which :1 man receives from another for the use or enjoyment of a thing. such as interest or rent. See Mackeld. Rom. Law, § 167; Inst. 2, i. 35. 37; Dig. 7. 1. 33: Id. 5, 3, 29: Id. 22. 1, 34. —I‘1'uotns civiles. All revenues and recomprnsus winich. ll|ou_;h not fruits. properly speak- in_r:, are recognized as such by the law The term includes such things as the rents and icnome of real property. interest on mnnnv loaned, and nnnuitics. (‘iv. Code La. 1900. art. 5-t5.—I‘z-uctns fundi. The fruits lprudnce or y id) of l.1nd.—1'rnctus indnstriales. Indnstriai fruits, or fruits of industry. Those fmits of a thing, as of land, which are pro- duced by the iabor and industry of the o«‘(.'u- pant, as crops of grain: as distinguished from such as are produced soleiy by the powers of naturc. Emhlements are so called in the com- ‘2 Sleph. Comm. 259?:

Pr. Sparrow v. T‘on:l. 49 Mi _» . W. 30. 10 L. IL A. 103. 32 Am. St. Rep. 571‘. Puruer v. Piercy, 40 .\Id. *3 17 An]. Rep.

F-Ell; Smock v. mock. 7 App. 6-!- Fruchns natnrales. Those products which are prminced by the powers of nature alone: as wool, mctnis, miik, the young of animals. Sparrow v. Food. 49 Minn. 412, 52 N. W. 36, 16 L. R. A. 103. 32 Am. St Rep. 571.- Fruntus pecndnm. The produce or increase oi [locks or herds.—1‘1-uctus pendentes. Hanging fruits: those not smered. The fruits united with the thing which produces them. ’l‘hese form a part of the principai thing.- Fruetus x-ei nlienm. The fruits of anotbcr's prnpcrtv: fruits taken from unoti1er's estate —l‘x-uctus separnti. Separate fruits: the fruits of a thing Whlll they are separated from it. Dis. 7. 4. 13.—l‘ructns stantes. Standing fruits; those not yet severed from the stalk or stem.

Frnetns angent luereditatem. The yeariy increase goes to enchance the inherit- ance Dig. 5, 3, 20, 3.

Pructns pendentea pars fundj widentm-. Hanging fruits make part of the land

Dis. 6. 1, 44: 2 Bouv. Inst. no. 1573.