FRENDLESS MAN (395) FRILINGI FRET (Fr.) In French marine law. Freight. FRENDLESS MAN, or FRENDLESMAN (Saxon). The ancient name of an outlaw Ord. Mar. liv. 3, tit. 3. (utlaughe) in England. So called, according to Bracton, because he forfeited his friends (quod forisfacit amicos); all persons being forbidden to give him food or shelter, or to have any communication with him. Bracton, fol. 128b. FRETER (Fr.) In French marine law. To freight a ship; to let it. Emerig. Ins. c. 11, FRENDNITE, or FRENDWITE. A fine exacted from him who harbored an outlawed friend. Cowell; Cunningham. A quittance for forfang (exemption from the penalty of taking provisions before the king's purveyors had taken enough for the king's necessities). Cowell. FRENETICUS. In old English law. A madman, or person in a frenzy. Fleta, lib. 1, c. 36. § 3. FRETEUR (Fr.) In French marine law. Freighter; the owner of a ship, who lets it to the merchant. Emerig. Ins. c. 11, § 3. FRETTUM. In old English law. Freight money. Cowell. FRETUM. A strait. Fretum Britannicum, the strait between Dover and Calais. Otherwise called Fretum Gallicum. Cowell. FRIARS. An order of religious persons of whom there were four principal branches, FREOBORGH. A free surety or free pledge. from whom the rest descend, viz.: (1) FranSpelman. See "Frank Pledge." FREQUENT. To visit often; to resort to often or habitually. Webster, quoted in 109 Ind. 176. FREQUENTIA ACTUS MULTUM OPEratur. The frequency of an act effects much. 4 Coke, 78; Wingate, Max. 192. ciscans, or Grey Friars; (2) Augustines; (3) Dominicans, or Black Friars; (4) Carmelites, or White Friars. Wharton. FRIBUSCULUM. In civil law. A slight dissension between husband and wife, which produced a momentary separation, without any intention to dissolve the marriage, in which it differed from a divorce. Poth. Pand. lib. 50, § 106; Vicat. This amounted FRESCA. In old records. Fresh water, or to a separation in our law. See "Separarain and land flood. Cowell. FRESH DISSEISIN. Such disseisin as a man may seek to defeat of himself, and by his own power, without the help of the king or judges. There was no limit set to the time within which this might be done. It is set in one case at a disseisin committed within fifteen days. Bracton, lib. 4, c. 5. In another case it was held a fresh disseisin when committed within a year. Britt. cc. 43, 44; Cowell. FRESH FINE. A fine levied within a year. St. Westminster II. (13 Edw. I.) c. 45; Cowell. FRESH FORCE. Force done within forty days. Fitzh. Nat. Brev. 7; Old Nat. Brev. 4. The heir or reversioner in a case of disseisin by fresh force was allowed a remedy in chancery by bill before the mayor. Cowell. FRESH PURSUIT. An immediate pursuit of an escaping criminal. The phrase does not imply instant pursuit, but pursuit without unreasonable delay. See 27 Cal. 574; 70 Miss. 253. FRESH SUIT (Law Lat. recens insecutio). In English law. Immediate or speedy pursuit or prosecution. The pursuit of an of fender or felon as a thief immediately or as soon as possible after the robbery, including the prosecution of such pursuit until the apprehension and conviction of the offender. The object of this was to enable the party to recover his goods, which otherwise would belong to the king. Britt. c. 15. tion." FRILINGI. Persons of free descent, or freeThe early and speedy prosecution of a suit. men born; the middle class of persons among St. Gloc. c. 9. the Saxons. Spelman. Frank pledge. Cowell FRITHBOTE. A satisfaction or fine for a breach of the peace. FRITHBREACH. peace. Cowell. According to their situation with respect to their source they were divided into: -Fructus Pendentes. The fruits united with the thing which produces them. These form a part of the principal thing. 1 Kauffm. Mackeld. Civ. Law, § 154. -Fructus Separati. Separate fruits; the fruits of a thing when they are separated from it. Dig. 7. 4. 13; 1 Mackeld. Civ. Law, p. 156, § 154. FRUCTUS AUGEAT HAEREDITATEM. The breaking of the Fruits enhance an inheritance. Vicat. Sometimes, as applied to a slave, he of whom any one has the usufruct. Vicat. FRUCTUS (Lat.) The right of using the increase or fruits; equivalent to usufruct. That which results or springs from a thing; as, rents, interest, freight from a ship, etc. All the natural return, increase, or additions which is added by nature or by the skill of man, including all the organic products of things. Vicat; 1 Mackeld. Civ. Law, § 154. They were divided according to their nature into: -Fructus Civiles. Civil fruits. All revenues and recompenses which, though not fruits, properly speaking, are recognized as such by the law. 1 Kauffm. Mackeld. Civ. Law, § 154; Calv. Lex.; Vicat. -Fructus Naturales. Those products which are produced by the powers of nature alone; as, wool, metals, milk. 1 Kauffm. Mackeld. Civ. Law, § 154; Calv. Lex. -Fructus Industriales. Those products which are obtained by the labor and culti FRUCTUS PENDENTES PARS FUNDI videntur. Hanging fruits make part of the land. Dig. 6. 1. 44; 2 Bouv. Inst. note 1578. See "Larceny." FRUCTUS PERCEPTOS VILLAE NON esse constat. Gathered fruits do not make a part of the farm. Dig. 19. 1. 17. 1; 2 Bouv. Inst. note 1578. FRUGES (Lat.) Anything produced from vines, underwood, chalk pits, stone quarries. Dig. 50. 16. 77. Grains and leguminous vegetables. In a more restricted sense, any esculent growing in pods. Vicat; Calv. Lex. FRUIT. The produce of a tree or plant which contains the seed, or is used for food. FRUIT FALLEN. The produce of any possession detached therefrom, and capable of being enjoyed by itself. Thus, a next presentation, when a vacancy has occurred, is a fruit fallen from the advowson. Wharton. FRUITS OF CRIME. In the law of evidence. Material objects acquired by means and in consequence of the commission of crime, and sometimes constituting the subject matter of the crime. Burrill, Circ. Ev. 445; 3 Benth. Jud. Ev. 31. FRUMENTA QUAE SATA SUNT SOLO cedere intelliguntur. Grain which is sown is understood to form a part of the soil. Inst. 2. 1. 32. FRUMENTUM. In the civil law. Grain: that which grows in an ear (arista). Dig. 50. 16. 77. FRUMGYLD. The first payment made to the kindred of a slain person in recompense for his murder. Blount; Termes de la Ley; Leg. Edmundi, cap. ult. FRUMSTOLL (Saxon). mansion house. Cowell. A chief seat, or FRUSCA TERRA. In old records. Uncultivated and desert ground. 2 Mon. Angl. 327; Cowell. FRUSSURA. A breaking; plowing. Frussura domorum, housebreaking. Cowell. FRUSTRA AGIT QUI JUDICIUM PROSEqui nequit cum effectu. He in vain sues who FRUSTRA EXPECTATUR, ETC. (397) FUERO cannot prosecute his judgment with effect. English law. To fly or flee; to chase or Fleta, lib. 6, c. 37, § 9. FRUSTRA LEGIS AUXILIUM QUAERIT qui in legem committit. Vainly does he who offends against the law seek the help of the law. 2 Hale, P. C. 386; Broom, Leg. Max. (3d London Ed.) 255. FRUSTRA PETIS QUOD STATIM ALteri reddere cogeris. Vainly you ask that which you will immediately be compelled to restore to another. Jenk. Cent. Cas. 256; Broom, Leg. Max. (3d London Ed.) 310. FRUSTRA PROBATUR QUOD PROBAtum non relevat. It is vain to prove that which, if proved, would not aid the matter in question. Broom, Leg. Max. (3d London Ed.) 255. FRUSTRA [VANA] EST POTENTIA quae nunquam venit in actum. That power is to no purpose which never comes into act, or which is never exercised. 2 Coke, 51. FRUSTRUM TERRAE (Law Lat.) In old English law. A piece or fragment of land; a piece of land left over after the measurement of a field (residuum quiddam proeter campum mensuratum). Spelman. A large piece of land lying by itself, and unconnected with any field, town, or manor. Domesday Book. Spelman thinks it should be frustum. Co. Litt. 5b. FRUTECTUM. In old records. A place overgrown with shrubs and bushes. Spelman; Blount. FRUTOS. In Spanish law. Fruits; products; produce; grains; profits. White, New Recop. bk. 1, tit. 7, c. 5, § 2. FRYTHE (Saxon). In old English law. A plain between woods. Co. Litt. 5b; Domesday Book. An arm of the sea, or a strait between two lands (from Lat. fretum, a strait). Cowell. FUAGE, or FOCAGE. Hearth money; a tax laid upon each fireplace or hearth. 1 Bl. Comm. 324; Spelman. An imposition of a shilling for every hearth, levied by Edward III. (the Black Prince) in the dukedom of Aquitaine. drive. Kelham; Law Fr. Dict. Flight. Fuer en fait, flight in fact, was when a man did apparently and corporally flee. Fuer en ley, flight in law, was when, being called in the county court, he failed to appear; for this was "flight," in interpretation of law. Staund. P. C. lib. 3, c. 22; Cowell. FUERO. In Spanish law. Compilations or general codes of law. The usages and customs which, in the course of time, had acquired the force of、unwritten law. Letters of privilege and exemption from payment of certain taxes, etc. Charters granted to cities or towns on condition of their paying certain dues to the owner of the land of which they had enjoyment. Acts of donation granted by some lord or proprietor in favor of individuals, churches, or monasteries. Ordinances passed by magistrates in relation to the dues, fines, etc., payable by the members of a community. Letters emanating from the king or some superior lord, containing the ordinances and laws for the government of cities and towns, etc. -Fuero de Marina. In Spanish law. Α special tribunal taking cognizance of all matters relating to the navy, and to the persons employed therein. Spelled, also, Jurisdiccion de Marina. -Fuero Juzgo. In Spanish law. The code of laws established by the Visigoths for the government of Spain, many of whose provisions are still in force. See the analysis of this work in Schmidt's Civ. Law, 30. -Fuero Municipal. In Spanish law. The body of laws granted to a city or town for its government and the administration of justice. -Fuero Real. In Spanish law. A code of laws promulgated by Alonzo el Sabio in 1255, and intended as an introduction to the larger and more comprehensive code called Las Siete Partidas, published eight years afterwards. For an analysis of this code, see Schmidt, Civ. Law, 67. tion FUER (Law Fr.; from Lat. fugere). In old 992. -Fuero Viejo. The title of a compilaof Spanish law, published about A. D. Schmidt, Civ. Law, Introd. 65. FUGACIA. In old English law. A chase. Spelman; Blount. FUGAM FECIT (Lat. he fled). In old English law. A phrase in an inquisition, signifying that a person fled for treason or felThe effect of this is to make the party ony. forfeit his goods absolutely, and the profits of his lands, until he has been pardoned or acquitted. FUGATOR. A driver. Fugatores carrucarum, drivers of wagons. Fleta, lib. 2, c. 78. FUGITATE. In Scotch practice. To outlaw, by the sentence of a court; to outlaw for 2 Alis. nonappearance in a criminal case. Crim. Pr. 350. FUGITATION. In Scotch law. Outlawry. One who, FUGITIVE FROM JUSTICE. having committed a crime, flees from the jurisdiction within which it was committed, without waiting to abide the consequences of such crime. All that is necessary is that the person shall be found in a state other than that in which he committed the crime; it being immaterial whether he left the latter state with intent to escape punishment. 106 Mass. 227; 116 U. S. 80. FUGITIVE OFFENDER. In English law. One who, being accused of having committed a crime in one part of the British empire, has left there, and gone to another part thereof. See "Fugitive from Justice." FUGITIVE SLAVE. One who, held in bondage, flees from his master's power. FUGITIVUS. In the civil law. A fugitive; a runaway slave. Dig. 11. 4; Code, 6. 1. See the various definitions of this word in 21. 1. 17. Dig. FULL. Complete; exhaustive; detailed. The age of twenty-one, by FULL AGE. common law, of both males and females, and of twenty-five by the civil law. Litt. § 259; Full 1 Sharswood, Bl. Comm. 463; Vicat. age is completed on the day preceding the anniversary of birth. Salk. 44, 625; 1 Ld. Raym. 480; 2 Ld. Raym. 1096; 2 Kent, Comm. 263; 3 Har. (Del.) 557; 4 Dana (Ky.) 597. See "Age." FULL BLOOD. A term of relation, denoting descent from the same couple. Brothers and sisters of full blood are those who are born of the same father and mother, or, as Justinian calls them, "ex utroque parente conjuncti." Nov. 118, cc. 2, 3; Mackeld. Civ. Law, § 145. The more usual term in modern law is "whole blood" (q. v.) FULL COURT. In practice. A term applied to a court sitting in banc, and implying, strictly, the presence of all the judges. 3 Chit. Gen. Prac. 2. The term "full bench" is frequently used. FUNDUS FULL LIFE. Life in fact and in law. See "In Full Life.' FULL PROOF. See "Plena Probatio." FULLUM AQUAE. A stream of water. such as comes from a mill. Blount. FUMAGE. In old English law. The same as fuage, or smoke farthings. 1 Bl. Comm. 324. See "Fuage." FUNCTION. The occupation of an office. By the performance of its duties, the officer is said to fill his function. Dig. 32. 65. 1. FUNCTIONARY. One who is in office or in some public employment. FUNCTUS OFFICIO (Lat.) Aterm applied to something which once has had life and power, but which has become of no virtue whatsoever. For example, a warrant of attorney on which a judgment has been entered is functus officio, and a second judgment cannot be entered by virtue of its authority. When arbitrators cannot agree, and choose an umpire, they are said to be functi officio. WatIf a bill of exchange be sent son, Arb. 94. to the drawee, and he passes it to the credit of the holder, it is functus officio, and cannot be further negotiated. 5 Pick. (Mass.) 85. When an agent has completed the business with which he was intrusted, his agency is functus officio. 2 Bouv. Inst. note 1382. FUNDAMENTAL. This word is applied to those laws which are the foundation of society. Those laws by which the exercise of power is restrained and regulated are | fundamental. The constitution of the United States is the fundamental law of the land. See Wolff. Inst. § 984. FUNDAMUS. We found. One of the words by which a corporation may be created in England. 1 Bl. Comm. 473; 3 Steph. Comm. When FUNDING A DEBT. The pledging of a specific fund to keep down the interest, and ultimately discharge the principal. the extinguishment of the debt is contemplated, it is called a "sinking fund." FUNDITORES. Pioneers. Jacob. FUNDS. In its most restricted sense, cash on hand. In a wider sense it includes commercial paper (3 B. Mon. [Ky.] 8); in a still more extended sense, property of every kind, when such property is contemplated as something to be used or applied in the payment of debts (69 Iowa, 278). FUNDUS (Lat. land). A portion of territory belonging to a person; a farm; lands, FUNERAL EXPENSES (399) FURNITURE OF A SHIP including houses. 4 Coke, 87; Co. Litt. 5a; 40. 124. 1. 3 Sharswood, Bl. Comm. 209. FUNERAL EXPENSES. Money expended in procuring the interment of a corpse. The nature and extent of the allowance for funeral expense varies with the solvency of the estate, and the discretion of the surrogate, so that it is impossible to define the scope of the terms. 3 Redf. Wills, 243. Mentis." See "Insanity;" "Non Compos FURIOSUS ABSENTIS LOCO EST. A madman is considered as absent. Dig. 50. 17. 24. 1. FURIOSUS NULLUM NEGOTIUM CONtrahere (gerere) potest (quia non intelligit quod agit). A lunatic cannot make a conDig. 50. 17. 5; 1 Story, Cont. (4th tract. Ed.) p. 76. FURIOSUS SOLO FURORE PUNITUR. A madman is punished by his madness alone. Co. Litt. 247; Broom, Leg. Max. (3d London Ed.) 14; 4 Sharswood, Bl. Comm. 24, 25. "Funeral expenses have been held to include carriage hire to convey the family and friends to the place of interment (44 Miss. 124), suitable gravestones (30 Conn. 209); monuments (77 Pa. St. 49), burial plots (5 Redf. Sur. [N. Y.] 484), and vaults (14 Serg. & R. [Pa.] 64); also mourning apparel to enable the widow and children to attend decently at the funeral." 1 Ashm. (Pa.) 316; nec aliquod negotium agere, qui non intelligit 2 Woerner, Admn. 761. FUNGIBLE. A term applicable to things that are consumed by the use, as wine, oil, etc., the loan of which is subject to certain rules, and governed by the contract called mutuum. See Schmidt, Civ. Law, 145; Story, Bailm.; 1 Bouv. Inst. notes 987, 1098. FUR (Lat. a thief). One who stole without using force, as distinguished from a robber. See "Furtum." FUR MANIFESTUS (Lat.) In the civil law. A manifest thief; a thief who is taken in the very act of stealing, or in the place where the theft was committed. Inst. 4. 1. 3; Dig. 47. 2. 3. FURANDI ANIMUS. See "Animus." FURCA. A fork; a gallows or gibbet. Bracton, fol. 56. FURCA ET FLAGELLUM (Lat. gallows and whip). The meanest of servile tenures, where the bondman was at the disposal of the lord for life and limb. Cowell. FURCA ET FOSSA (Lat. gallows and pit). A jurisdiction of punishing felons, the men by hanging, the women by drowning. Skene de Verb. Sign.; Spelman; Cowell. FURIGELDUM. Mulet paid for theft. cob. Ja A FURIOSUS STIPULARI NON POTEST quid agit. An insane person who knows not what he does cannot make a bargain, nor, transact any business. 4 Coke, 126. FURLINGUS (Lat.) A furlong, or a furrow one-eighth part of a mile long. Co. Litt. 5b. FURLONG. A measure of length, being forty poles, or one-eighth of a mile. FURLOUGH. A permission given in the army and navy to an officer or private to absent himself for a limited time. FURNAGE (from furnus, an oven). A sum of money paid to the lord by the tenants, who were bound by their tenure to bake at the lord's oven, for the privilege of baking elsewhere. The word is also used to signify the gain or profit taken and received for baking. FURNITURE. Personal chattels in the use of a family. By the term "household furniture" in a will, all personal chattels will pass which may contribute to the use or convenience of the householder, or the ornament of the house; as, plate, linen, china (both useful and ornamental), and pictures. Ambl. 610; 1 Johns. Ch. (N. Y.) 329, 388; 1 Sim. & S. 189; 3 Russ. 301; 2 Williams, Ex'rs, 752; 1 Rop. Leg. 203, 204; 3 Ves. 312, 313. "It [the word "furniture"] is very general both in meaning and application, and its meaning changes so as to take the color of, or to be in accord with, the subject to which The articles spoken of as it is applied." furniture of different places, as of a house, a ship, or a store, "differ in kind according to the purposes which they are intended to subFURIOSITY. In Scotch law. Madness, as serve; yet, being put and employed in the distinguished from fatuity or idiocy. FURIOSI NULLA VOLUNTAS EST. madman has no will. Dig. 50. 17. 5; Id. 1. 18. 13. 1; Broom, Leg. Max. (3d London Ed.) 282. several places as the equipment thereof for ornament, or to promote comfort or to faciliFURIOSUS (Lat.) An insane man; a mad- tate the business therein done, and being man; a lunatic. In general, such a man can make no contract, because he has no capacity or will: Furiosus nullum negotium genere potest, quia non intelligit quod agit. Inst. 3. 20. 8. Indeed, he is considered so incapable of exercising a will that the law treats him as if he were absent: Furiosi nulla voluntas est. Furiosus absentis loco est. Dig. 1. ult. kept or intended to be kept for those or some of those purposes, they pertain to such places, and constitute the furniture thereof." 63 Ala. 401. FURNITURE OF A SHIP. This term includes everything with which a ship requires to be furnished or equipped to make her seaworthy. It comprehends all articles fur |