ing any one in the presence of witnesses in due form, the thing stolen was discovered in his possession.—Furtum grave. In Scotch law. An aggravated degree of theft, anciently punished with death. It still 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 fumtiva ab Izliqum tibi ohlutu sit, ouque opud to I-onceptu sit. Theft is called “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 fraudulent handling of another'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 of malefactors. Bract. foi. 1041). lib. 3. tr. 1. c. 6.
FUSTIS. In old English law. A staff, used in making livery of seisin. Bract. fol. 40.
A baton, club, or cudgel.
FUTURE DEBT. In Scotch law. A debt which is crwted, but which will not become due till a future day. 1 Beli. Comm. 315.
FUTURE ESTATE. See Estate.
FUTURES. This term has grown out of those purely speculative transactions, in which there is a nominal contract or sale for future delivery, but where in fact none is ever intended or executed The nominal seller does not have or expect to have the stock or merchandise he purports to sell, nor does the nominal buyer expect to receive it or to pay the price. Instead of that, a percentage or margin is paid, which is increased or diminished as the market rates go up or down, and accounted for to the buyer. King v. Quidnick 00., 14 R. I. 133: Lemonius v. Mayer, 71 Miss. 514, 14 South. 33; Piank v. Jackson, 128 Ind. 421. 26 N. E. 568.
FUTURI. Lat. Those who are to be. Part of the commencement of old deeds "Scmnt praesentes ct futuri, quad ego mlis, dedi et concessi," ete., (Let all men now living and to come know that I, A. B., have, etc.) Brnct. fol. 341).
FUZ, or FUST. A Celtic word, meaning a wood or forest.
FYHTWITE. One of the fines incurred for homicide.
FYKE. A bow-net for catching fish. Pub. St. Mass. 1882, p. 1291. .
FYLE. In old Scotch law. To defile; to declare foul or defiled. Hence, to find a prisoner guilty.
FYLIT. In old Scotch practice. Fyled; found guilty. See Fyle.
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 trinoda necessitas. (Also spelled "ferd" and "flrd.")
—Fyrdfare. A summoning forth to join a military expedition; a summons to join 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 fyrd when summoned. Also it fine imposed for murder committed in the army; also an acquittance of such fine.
