Page:Black's Law Dictionary (Second Edition).djvu/515

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FOIRTHOCHT
507
FOOT OF THE FINE


FOIRTHOCHT. In old Scotch law. Forethought; premeditated. 1 Pitc. Crim. Tr. pt. 1. p. 90.

FOITERERs. Vagabonds. Blount.

FOLC-GEMOTE. In Saxon law. A general assembly of the people in a town or shire. It appears to have had judicial functions of a limited nature, and also to have discharged political offices, such as deliberating upon the affairs of the commonwealth or complaining of misgovermnent, and probably possessed considerable powers of local self-government. The name was also given to any sort of a popular assembly. See Spelman; Manwood; Cunningham.

FOLC-LAND. In Saxon law. Land of the folk or people. Land belonging to the people or the public.

Foic-land was the property of the community. It might he occupied in common, or possessed in severalty; and, in the latter case, it was probably parceled out to individuals in the folc-gemote or court of the district, and the grant sanctioned by the freeman who were there present. But, while it continued to be falc-land. it could not be alienated in perpetuity; and therefore, on the expiration of the term for which it had been granted. it reverted to the community, and was again distributed by the some authority. It was subject to many burdens and exactions from which boc-land was exempt. Wharton.

FOLC-MOTE. A general assembly of the people. under the Saxons. See Folc-Gemote.

FOLC—RIGHT. The common right of all the people. 1 Bl. Comm. 65. 67.

The jus commune, or common law, mentioned in the laws of King Edward the Elder, declaring the same equal right, law, or justice to be due to persons of all degrees. Wharton.

FOLD-COURSE. In English Law. Land to which the sole right of folding the cattle of others is appurtenant. Sometimes it means merely such right of folding. The right of folding on another’s land, which is called "common foldage." Co. Litt. 6a, note 1.

FOLDAGE. A privilege possessed in some places by the lord of a manor, which consists in the right of having his tenant's sheep to feed on his fieids, so as to manure the land. The name of foldage is also given in parts of Norfolk to the customary fee paid to the lord for exemption at certain times from this duty. Elton. Com. 45. 46.

FOLGARII. Menial servants; followers. Bract.

FOLGERE. In old English law. A freeman, who has no house or dwelling of his own, but is the follower or retainer of another. (heorthfæst.) for whom he performs certain predial services.

FOLIO. 1. A leaf. In the ancient law- books it was the custom to number the leaves, instead of the pages; hence a folio would include both sides of the leaf, or two pages. The references to these books are made by the number of the folio, the letters "a" and "b" being added to show which of the two pages is intended; thus "Bracton. fol. 100a."

2. A large size of book, the page being obtained by folding the sheet of paper once only in the binding. Many of the ancient law-books are folios.

3. In computing the length of written legal documents, the term "folio" denotes a certain number of words, fixed by statute in some slates at one hundred.

The term "folio," when used as a measure for computing fees or compensation, or in any legal proceedings, means one hundred words. counting every figure necessarily used as a word; and any portion of a folio, when in the whole draft or figure there is not a complete folio, and when there is any excess over the last folio, shall be computed as a. folio. Gen. St. Minn. 1878. c. 4, § 1, par. 4.

FOLK-LAND; FOLK-MOTH. See FOLC-LAND: FOLC-GEMOTE.

FOLLOW. To conform to, Comply With, or be fixed or determined by; as in the expressions "costs follow the event of the suit" "the situs of personal property follows that of the owner." "the offspring follows the mother," (partus sequitur ventrum).


FONDS ET BIENS. Fr. In French law. Goods and streets. Adams v. Akerlnnd, 168 Ill. 632. 43 N. E. 454.

FONDS PERDUS. In French law. A capital is said to be invested à funds perdus when it is stipulated that in consideration of the payment of on amount as interest, higher than the normal rate, the lender shall be repaid his capital in this manner. The borroer, after having paid the interest during the period determined. is free as regards the capital itself. Arg. Fr. Merc. Law. 560.

FONSADEIRA. In Spanish law. Any tribute or loan granted to the king for the purpose of enabling him to defray the expenses of a war.

FONTANA. A fountain or spring. Bract fol. 233.

FOOT. 1. A measure of lengih Containing twelve inches or one-third of a yard.

2. The base. bottom, or foundation of anything; and, by metonomy, the end or termination; as the foot of a fine.

FOOT OF THE FINE. The fifth part of the conclusion of a fine. It includes the whole matter, reciting the names of the parties, day, year, and place, and before whom it was acknowledged or levied. 2 BL Comm. 351.