Page:Black's Law Dictionary (Second Edition).djvu/538

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FUND

lena Ins. Co. v. Kupfer, 28 Ill. 335, 81 Am. Dec. 284.

2. The proceeds of sales of real and personal estate, or the proceeds of any other assets convertcd into money. Donne v. insur- ance Co., 43 N. J. Eq. 533, 11 Ati. 739.

3. Corporate stocks or government securities: in this sense usually spoken of as the "funds."

4. Assem, securities. honds, or revenue of

a state or government appropriated for the discharge of its debts. —No funds. This term denotes a iack of assets or money for a specific use. It is the return made by a bank to a check drawn upon it by a person who has no deposit to his credit there: ulso by an executor. trustee etc., who has no assets for the specific purpose.—Pu'hlio funds. An untechnicnl name for (1) the revenue or money of a government, state, or municipal corporation; (2) the bonds, stocks, or other SPC|Il‘llI(‘S of a national or state government.—Sinking fund. The aggregate of sums of money (as those arising from particular taxes or sources of revenue) set npart and invested, usually at fixed intervals, for the extinguish- ment of the debt of a government or corporation, by the accumulation of interest. Eiser v. Ft Worth (Tex. Giv. ADlJ- W. 740: Union Pac. R. Co. v. Buffs o Uounty Cnm’rs, 9 Neh. 44!). 4 N. W. 53; Brooke v. Phiiadci- phin. 162 Pa. 123. 29 A . 387, 24 L. R. A. 'i'Sl. —Gene1-nl fund. This phrase, in New York, is a coilective designation of all the assets of the state which furnish the menus for the support of government and for delirnying the (liscretionary appropriations of the legisinturc. People v. Orange County Sup‘ra, 27 Barb. (N Y.) 575, 588.

FUNDAMENTAL ERROR. See ERROR.

FUNDAMENTAL LAW. The law which determines the constitution of government in a state, and prescrihes and reguintes the manner of its exercise: the organic law of a state; the constitution.

FUNDAMUS. We found. One of the words by which a corporation may he created in Eng-iand. 1 Bl. Comm. 473; 3 Steph. Comm. 173.

FUNDATIO. Lot. A founding or foundation. Particularly applied to the creation and endowment of corporations. As applied to eleemosynary corporations such as colleges and hospitals, it is said that "fumlat1'o icnipirmy" is the incorporation or grant of corporate powers, while “fundntio perflciens" is the endowment or grant or gift of funds or revenues. Daltmouth Coliege v. Woodward, 4 Wheat. 667. 4 L. Ed. 629.

FUNDATOR. A tounder, (q. 11.)

FUNDI PATRDVIONIALES. lnheritance.

Lands of

FUNDITORES. Pioneers. Jacob.

rnnnns. In the civil and old English law. Land; land or ground generally; land,

630

FURIOSUS NULLUM NEGOTIUM

without considering its specific use: land, Icnluding buildings generally; a farm.

FUNERAL EXPENSES. Money expended in procuring the interment of a corpse

FUNGIBLE THINGS. Movaliie goods which may be estimated and replaced according to weight, measure, and numher. Things belonging to a ciass, which do not have to be deait with in specie.

Those things one specimen of which is as good as another, as is the case with bal_f crowns. or pounds of rice of the same quality. llorses. slaves, and so forth, are non-fungibie things, because they differ individually in vaiue, and cannot be exchanged indilicrently one for an- other. Hoii. Jur. .

Where a thing which is the subject of an ab- ligation (which one man is bound to deiiver to another? must be delivered in specie, the thing is not ungible; that very individuai thing, and not another thing of the same or another class in iieu of it. must be delivered. “here the subject of the obligation is a thing of a gimn class, the thing is said to be fungible; i. e.. the delivery of any object which nnsucrs to the generic description will satisfy the terms of the obligation. Ausf. Jar. 483, 48-1.

FUNGIBILES RES. law. Fungihie things.

Lat. In the civil See that title.

FITR. Lot. A thief. One who stoie secretly or without force or weapons, as opposed to roiiher.

—I‘ur nmnifestns. In the civil law. A man- ifest tiiief. A thief who is taken I'D the very act of stealing.

FURANDI ANIMUS. tion of stealing.

Lat. An inten-

FURCA. In old English law. A fork.

A gnilows or gibhet. Bract. mi. 56. —I‘ux-ca at flagellum. Galiows and vrhln. Tenwre ad furram e1 flagellum, tenure isy gullows and whip. The meanest of senile tenures. where the hondmnn was at the disposni of his lord for life and iimb. Cowell.—I‘uz-es at fosss.. Gaiiows and pit, or pit and gallows. A term used in ancient charters to signify a juris- diction of punishing thieves, viz., men by hanging, women by drowning. Speimnn; Cowell.

PURIGELDUM. for theft.

A line or mulct paid

rm-insi nulla voluntan est. A madman

has no will. Dig. 50, 17, 40; Broom, Max 314. PURIOSITY. In Scotch law. Madoess.

as distinguished from fatuity or idiocy.

FURIOSUS. Lat. madman; a lunatic.

An insane man; a

Fur-iosus absentis loco est. A madman is the same with an absent person, [that is. his presence is of no effect] Dig. 50, 17.

Fluiosns nnllnm negotinnl cont!-ahere potest. A madman can contract notiliug.

[can make no contract] Dig. 50, 17, 5.