FEELING. 509 health, since in all such cases we have a com- plex <jf sensations (for the most part organic), dominated by a pleasantness or unpleasantness. It would, again, be correct to speak of 'feeling' hungry or thirsty or tired (see (2) above), pro- vided that we had in mind the total conscious- ness of affectively toned organic sensations, and not merely the sensations as such. Consult: .lames. Principles of Psychology (New York, 1S!H)) ; Wundt, Outlines of Psychology, translated by Judd (London, 18!I8) ; Titehener, Outlines of Psychology (New York, 1899) : Kuelpe, Outlines 0} Psychology, translated by Titehener (London, 1895). FEETJIX, Cousin. A washed-out beau, in Dickens's Dombey and Hon. He is cousin to Edith Granger, the second Mrs. Dombey, and makes a speech at her marriage-banquet. FEER-HERZOG, far'her'tsoG. Karl (1820- 80). A Swiss statesman and political economist, horn at Rixheim, Alsace. After 1852 he was a member of the Grand Council, of which body he was twice elected president. From 1865 until his death, he was the representative of Switzerland in the deliberations of the Latin Monetary Union, and in this capacity was an advocate of the gold standard. In 1867 he was director of the Swiss section of the Paris Exposi- tion, and for more than sixteen years he acted as president of the Financial Commission of Switzerland. His principal works are: L'unifica- tion monetaire international (1869) ; La France et ses allies ■monCtaires en presence de I'unifica- tion universelle des monnaies (1873) ; and Gold oder Siller? (1874). FEES. The compensation of lawyers and phy- sicians for their professional services. In Eng- land neither barristers nor physicians* could recover their fees by legal proceedings against their clients or patients, except under a special contract. The ground of this rule was that such fees are regarded not as payment, but as an ex- pression of gratitude for services the value of which cannot be expressed in money. The origin of the rule in the case of the advocates is traced to the relation which subsisted between patrons and their clients in ancient. Rome. When the former appeared as the defenders of the latter, they practiced, as Blackstone says (iii. 29), gratis, for honor merely, or at the most for the sake of gaining intluence; and so. likewise, it is established in England that a counsel can main- tain no action for his fees, which are given, not as locatio vel conductio, but as quiddam hono- rarium; not as a salary or hire, but as a mere gratuity, which a counselor cannot demand with- out doing wrong to his reputation. The rule at Rome was maintained even under the Emperors, and Tacitus mentions (Ann., lib. ii. c. 5) that it was directed by a decree of the Senate that these honoraria should not in any case exceed 10.000 sesterces, or about $400. It has further been decided in England that no action lies to recover back a fee given to a barrister to argue a cause which he did not attend. But special pleaders, equity draughtsmen, and conveyancers, who have taken out certificates to practice under the bar, and therefore are not counsel, may recover their reasonable charges for business done by them. As regards physicians, the rule that a fee could not be recovered by an action at law was applied in the case of Chorley vs. Bolcot, June 30, 1791 FEE SIMPLE. (4 T. R. 317). If, however, either a barrister or a physician a. -ted under a special agreement or promise of a certain payment, then an action might be brought for t lie money, lint all medical practitioners were relieved from I lie above code of honor by the Act of 21 and 22 Vict. 90, which applied to the United Kingdom, and enabled them to recover in any court of law their reasonable charges as well as costs of medicines and medical appliances used. This rule applies to physicians, surgeons, and apothecaries as defined bj the statute. .Members of the inferior branches of both professions — attorneys, solicitors, etc., on the one hand, and surgeons, dentists, cuppers, and the like on the other — were always entitled to maintain an action for their fees." In Scotland, the same rules prevail as in England with refer- ence to both professions. In France, though the delicate sense of honor of the bar has always been preserved with quite as much care as in England, the rule is somewhat different. In law, an action for the recovery of fees would be main- tainable in that country by an advocate; but "in Paris the rule of the ancient bar, founded on the disinterestedness which was its characterist ie and according to which any judicial demand of pay- ment of fees was strictly forbidden under pain of erasure from the table (of advocates), has been religiously preserved." There is no law in tin- United States which puts contracts for services by lawyers or physicians on any different basis from contracts made by other persons. In most of the American States an attorney at law has a lien on the cause of action and on the papers in his hands for the costs of the suit, including his fees. See Attorney; Barrister; Costs. FEE SIMPLE (Lat. feodum simplex). A fee, or estate of inheritance, which has the qual- ities of general heritability and unlimited alien- ability. It is distinguished from the fee tail. See Fee Tail. A fee simple may be absolute, in which case it is unhampered by any condition or limitation whatsoever; or it may be qualified, or limited, as where it is to come to an end upon the happening of a definite event. The conditional fee of the early common law, out of which the fee tail has been developed, was a variety of the qualified or limited fee simple. It was a gift of lands to a man and his heirs, provided and so long as he should have heirs of his body. (See Conditional Fee; Donis Conditionalibus. Statute de. ) Of this nature is a conveyance to A and his heirs so long as Saint Paul's Church shall stand, or so long as the Republic shall endure, or until a certain charity shall be established. But. though a fee simple may be made ter- minable by a limitation, as above described, it is not possible to deprive it of either of its prin- cipal incidents of alienability and heritability. No restriction upon either of these is valid, and a condition providing for a forfeiture on aliena- tion or limiting the course of descent, will be wholly disregarded. The same is true of the only surviving feudal incident attaching to fees simple — that of escheat. This will take effect on fail- ure of heirs, irrespective of any attempt to qual- ify or prevent it. Thus a gift of lands to A and his heirs, with the proviso that on failure of heirs the property shall go to B, will vest an ab- solute fee simple in A, subject to the right of
