Page:Black's Law Dictionary (Second Edition).djvu/540

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FURTUM

ing any one in the presence of witnesses in due form, the thing stolen was discovered in his possession.—I‘nrtnm ave. In Scotch law. An aggravated degree of theft, anciently punished Wllh death. It stili remains an open point what amount of value raises the theft to this serious denomination. 1 Broun. 352, note. See 1 Swint. 4b7.—1‘nrtnm manifestum. Open theft Theft where a thief is caught with the property in his possession. Bract. fol. I500. —1‘urtn.m oblntum. In the civil law. Offered theft. Oblutum fnrtum dicitur cum res fum- tiva ab Izliqum tibi ohlutu sit, ouque opud to I-onceptu sit. Theft is calied “oblatum" when a thing stolen is offered to you by any one, and found upon you. Inst. 4, 1, 4.

Fnrtum est uontrectatio re! nlierun frandnlenta, cum nnimo furandi, Lnvito illa domino cnjnn res illa. fuel-at. 3 Inst. 107. Theft is the frauduient handling of an- Dther's property, with an intention of Mediing. against the will of the proprietor, whose property it was.

Fnrtnm non. est nbi initium lulbet detentionis per dnmininm H21. 3 Inst. 107. There is no theft where the foundation of the detention is based upon ownership of the thing.

FUSTIGATIO. In old English law. A heating with sticks or clubs; one of the acnient kinds of punishment or msietactors. Bract. foi. 1041). lib. 3. tr. 1. c. 6.

PUSTIS. In aid English law. A stati, used in making livery of seisin. Bract. fol. 40.

A baton. club, or cud,-gel.

FUTURE DEBT. In Scotch law. A debt which is crwted, but which will not he-

come due till a future day. 1 Beli. Comm. 315. FUTURE ESTATE. See ESTATE.

FUTURES. This term has grown out of those pureiy speculative transactions, in which there is a nominni contract or sale for

532

FYRD

future delivery, but where in tact none is ever intended or executed The nominal seiiel‘ does not have or expect to have the stock or merchandise he purports to sail, nor does the nominal hnyer expect to receive it or to pay the price. Instead of that, a per- centage or margin is paid, which is incrcas— ed or diminished as the market rates go up or down, and accounted for to the buyer. King v. Quidnick 00., 14 R. I. 133: Lemur — ins v. Mayer, 71 Miss. 514, 14 South. 33; Piank v. Jackson, 128 Ind. 421. 26 N. E. 568.

I‘IJ'TlJ‘R.I. Lat. Those who are to he Part of the commencement of old deeds "Scmnt praesentes ct futuri, quad ego mlis, dedi et concessi," ete., (Let all men now iiv~ ing and to come know that I, A. B., have, etc.) Brnct. fol. 341).

FUZ, or PUST. a wood or forest.

A Celtic word, meaning

FYHTWITE. for homicide.

One of the fines incurred

TYRE. A bow-net for catching flsh. Puh. St. Mass. 1882, p. 1291. .

PYLE. In old Scotch law. To defile; to declare foul or defiled. Hence, to flnd a prisoner guiity.

FYLIT. In old Scotch practice. found guilty. See FILE.

Fy led ;

FYRD. Sax. In Anglo-Saxon law. The military array or land force of the whole country. Contribution to the fyrd was one of the imposts forming the trinmla. "C09-5‘-Siv- taa. (Also spelled “ferd" and “flrd.") —1‘y1-dfai-e. A summoning forth to join a miiitary expedition; a summons to jnin the fyrd or army.—Fy1-dsncne, [or f1/rdsoken.) Exemption from military duty: exemption from service in the f1/-rd.—I‘y1-dwite. A line imposed for neglecting to join the fgrd “hen sim- nioned. Also it fine imposed for murder com- mitted in the army; also an acquittance of

such fine.