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vided nevertheless, that this act shall not extend to the acknowledgment of any judgment or judgments by any attorney or attorneys, duly admitted, for any person or persons against 'whom any such judgment or judgments shall be had or given.
FALSO RETORNO BREVIUM, old English law. The name of a writ which might have been sued out against a sheriff, for falsely returning writs. Cunn. Diet.
FAMILY, domestic relations, in a limited sense signifies the father, mother, and children. In a more extensive sense it comprehends all the individuals who live under the authority of another, and includes the servants of the family. It is also employed to signify all the relations who descend from a common ancestor, or who spring from a common root. Louis. Code, art. 3522, No. 16; 9 Ves. 323. In the construction of wills, the word family, when applied to personal property is synonymous with kindred, or relations. It may, nevertheless, be confined to particular relations by the context of the will, or may be enlarged by it, so that the expression may in some cases mean children, or next of kin, and in others may even include relations by marriage. 1 Rop. on Leg. 115; 1 Hov. Supp. 365, notes 6 and 7, to Brown v. Higgs, 4 Ves. 708; 2 Ves. jr. 110; 3 East, Rep. 172; 5 Ve«. 156; 17 Ves. 255; 5 M. & S. 126. Vide article Legatee; see Dig. lib. 50, t. 16, I. 195, s. 2.
FAMILY ARRANGEMENTS. This term has been used to signify an agreement made between a father and his son, or between brothers, to dispose of property in a different manner to that which would otherwise take place. In these cases frequently the mere relation of the parties will give effect to bargains otherwise without adequate conside
ration. 1 Chit. Pr. 67; 1 Turn. &
FAMILY BIBLE, is a bible containing an account of the births, marriages, and deaths of the members of a family. An entry by a father made in a bible stating that Peter his eldest son was born in lawful wedlock of Maria his wife, at a time specified, is evidence to prove the legitimacy of Peter. 4 Campb. 401. But the entry, in order to be evidence, must be an original entry, and, when it is not so, the loss of the original must be proved before the copy can be received. 6 Serg. & Rawle, 135. See 10 Watts, R. 82.
FAMILY EXPENSES. The sum which it costs a man to maintain a family. Merchants and traders who desire to exhibit the true state of their affairs in their books, keep an exact account of family expenses which in case of failure is very important and at all times proper.
FAMILY MEETINGS, or family council, in Louisiana, are meetings of at least five relations, or in default of relations of minors or other persons on whose interest they are called upon to deliberate, then of the friends of such minors or other persons.
The appointment of the members of the family meeting is made by the judge. The relations or friends must be selected from among those domiciliated in the parish in which the meeting is held; the relations are selected according to their proximity, beginning with the nearest. The relation is preferred to the connection in the same degree, and among relations of the same degree, the eldest is preferred. The under-tutor must also be present. 6 N. S. 455.
The family meeting is held before a justice of the peace or notary public, appointed by the judge for the purpose. It is called for a fixed day and hour, by citations delivered at least three days before the day appointed for the purpose.
The members of the family meeting, before commencing their deliberations, take an oath before the officer before whom the meeting is held, to give their advice according to the best of their knowledge, touching the interests of the person on whom they are called upon to deliberate. The officer before whom the family meeting is held, must make a particular process-verbal of the deliberations, cause the members of the family meeting to sign it, if they know how to sign, sign it himself, and deliver a copy to the parties that they may have it homologated. Civil Code of Louis. B. 1, tit. 8, c. 1, s. 6, art. 305 to 311; Code Civ. B. 1, tit. 10, c. 2,s. 4.
FARE, signifies a voyage or passage; in its modern application it is, the money paid for a passage.
FARM, estates, an indefinite quantity of land, some of which is cultivated. 2 Binn. 238. By the conveyance of a farm will pass a messuage, arable land, meadow, pasture, wood, &c, belonging to or used with it. 1 Inst. 5, a; Touch. 93; 4 Cruise, 321; Bro. Grants, 155; Plowd. 167.
FARMER. One who is lessee of a farm. It is said that every lessee for life or years, although it be but of a small house and land, is called farmer. This word implies no mystery except it be that of hus- [ bandmen. Cunn. Diet. h. t. In common parlance, a farmer is one who cultivates a farm, whether he be the owner of it or not.
FARO, orim. law. There is a species of game called faro table or faro bank which is forbidden by law, in many states ; and the persons who keep it for the purpose of playing for money or other valuable thing, may generally be indicted at common law
for a nuisance. 1 Rogers's Rec. 66. It is played with cards in this manner: a pack of cards is displayed on the table so that the face of each card may be seen by the spectators. The man who keeps the bank, as it is termed, and who is called the banker, sits by the table with another pack of cards, and a bag containing money, some of which is displayed, or sometimes instead of money chips or small pieces of ivory or other substance, are used. The parties who play with the banker, are called punters or poin. teurs. Suppose the banker and A, a punter, wish to play for fivo dollars, the banker shuffles the pack which he holds in his hand while A lays his money intended to be bet, say five dollars, on any card he may choose as aforesaid. The banker then runs the cards alternately in two piles, one on the right the other on the left, until he reaches, in the pack, the card corresponding to that on which A has laid his money. If, in this alternative, the card chosen comes on the right hand, the banker takes up the money; if on the other, A is entitled to five dollars from tho banker. Several persons are usually engaged at the same table with the banker. 1 Rog. Rec. 66, note; Encycl. Amer. h. t.
FATHER, domestic relations. A man who has a child. A father is the natural guardian of his children, and his duties by the natural law consist in maintaining and educating them during their infancy, and making a necessary provision for their happiness in life; these latter, however, are imperfect duties which the law does not enforce. By law, the father is bound to support his children if of sufficient ability, even though they have property of their own. 1 Bro. C. C. 387 ;" 4 Mass. R. 97; 2 Mass. R. 415. But he is not bound, without some agreement, to pay another for maintaining them. 9 C. & P. 497; nor is he bound to pay their debts, unless he has authorised them to be contracted. 38 E. C. L. R. 195, n. See » Watts, R. 366; 1 Craig, & Phil. 317; Bind; Mother; Parent ; but this obligation ceases as soon as the child becomes of age, unless he becomes chargeable to the public. 1 Ld. Ray. 699.—The rights of the father are to have authority over his children to enforce all his lawful commands, and to correct with moderation his disobedient children. A father may delegate his power over the person of his child to a tutor or instructor, the better to accomplish the purposes of his education. This power ceases on the arrival of the child at the age of twenty-one years. Generally, the father is entitled to the services of his children during their minority. 4 S. & R. 207.
FATHER', PUTATIVE. Vide Putative father.
FATHOM. A measure of length, equal to six feet. Vide Measure.
FAULT, in contracts, is an improper act or omission, which arises from ignorance, carelessness, or negligence. The act or omission must not have been meditated, and must have caused some injury to another. Lec. Elem. § 783.
1. Faults or negligence are usually divided into, gross, ordinary, and slight: 1. Gross fault or neglect, consists in not observing that care towards others, which a man the least attentive, usually takes of his own affairs. Such fault may, in some cases, afford a presumption of fraud, and in very gross cases it approaches so near, as to be almost undistinguishable from it, especially when the facts seem hardly consistent with on honest intention. But there may be a gross fault without fraud. 2 Str. 1099; Story, Bailm. § 18-22; Toullier, 1. 3, t. 3, § 231.—2. Ordi
nary faults consist in the omission of that care which mankind generally pay to their own concerns; that is the want of ordinary diligence.—3. A slight fault consists in the want of that care which very attentive persons take of their own affairs. This fault assimilates itself, and, in some cases, is scarcely distinguishable, from mere accident, or want of foresight. This division has been adopted by common lawyers from the civil law. Although the civilians genetally agree in this division, yet they | are not without a difference of opin| ion. See Pothier, Observation generale, sur le precedent Traite, et sur les suivants; printed at the end of his Traite des Obligations, where he cites Accurse, Alciat, Cujas, Duaren, D'Avezan, Vinnius and Heineccius, in support of this division. On the other side the reader is referred to Thomasius, tom. 2, Dissertationem, page 1006; Le Brun, cited bv Jones, Bailm. 27; and Toullier, Droit Civil Francais, liv. 3, tit. 3, § 231.
2. These principles established, different rules have been made as to the responsibilities of parties for their faults in relation to their contracts. They are reduced by Pothier to three.
1. In those contracts where the party derives no' benefit from his undertaking, he is answerable only for his gross faults.
2. In those contracts where the parties have a reciprocal interest, as in the contract of sale, they are responsible for ordinary neglect.
3. In those contracts where the party receives the only advantage,
I as in the case of loan for use, he is answerable for his slight fault. Poth. Observ. Generale; Traite des Oblig. ^ 142; Jones, Bailm. 119; Story, Bailm. 12. See also Ayliffe, Pand. 108; Civ. C. Lou. 3522; 1 Com. Dig. 413; 5 lb. 184; Wesk. on Ins. 370. ,
FAVOUR. Bias; partiality; lenity; prejudice. The grand jury are sworn to inquire into all offences which have been committed and of all violations of law, without fear, favour, or affection. Vide Grand Jury. When a juror is influenced by bias or prejudice so that there is not sufficient ground for a principal challenge, he may nevertheless be challenged for favour. Vide Challenge, and Bac. Ab. Juries, (E); Dig. 50, 17, 156,4; 7 Pet. R. 160.
FEALTY, fidelity, allegiance. Under the feudal system, every owner of lands held them of some superior lord, from whom or from whose ancestors, the tenant had received them. By this connexion the lord became bound to protect the tenant in the enjoyment of the land granted to him; and, on the other hand, the tenant was bound to be faithful to his lord, and defend him against all his enemies. This obligation was called fidelitas, or fealty. 1 Bl. Com. 366; 2 Bl. Com. 86; Co. Litt. 67, b.
FEAR, crim. law, dread, consciousness of approaching danger. Fear in the person robbed is one of the ingredients required to constitute a robbery from the person, and without this the felonious taking of the property is a larceny. It is not necessary that the owner of the property should be in fear for his own person, but fear of violence to the person of his child, 2 East, P. C. 718; or of his property, lb. 731; 2 j Russ. 72, 2, is sufficient; 2 Russ. 71 to 90. Vide Putting in fear, and Ayl. Pand. tit. 12, p. 106.
FEASTS, certain established periods in the Christian church. Formerly the days of the feasts of saints were used to indicate the dates of instruments, and memorable events. 8 Toull. n. 81. These are yet used in England, there they have Easter term, Hilary term, &c.
FEDERAL, government. This term is commonly used to express a league or compact between two or more states. In the United States the central government of the Union is federal. The constitution was adopted "to form a more perfect union" among the states, for the purpose of self-protection and for the promotion of their mutual happiness.
FEE FARM, Eng. law, is a perpetual farm or rent. 1 Tho. Co. Litt. 446, n. 5.
FEE FARM RENT, contracts, Eng. law. When the lord upon the creation of a tenancy reserves to himself and his heirs, either the rent for which it was before let to farm, or at least one-fourth part of that farm rent. It is called a fee farm rent, because a farm rent is reserved upon a grant in fee. 2 Inst. 44.
FEE, FEODUM or FEUDUM, from the French, fief; in estates. A fee is an estate which may continue forever. The word fee is explained to signify that the land, or other subject of property, belongs to its owner, and is transmissible, in case of an individual, to those whom the the law appoints to succeed him, under the appellation of heirs; and in case of corporate bodies, to those who are to take on themselves the corporate function; and from the manner in which the body is to be continued, nrc denominated successors. 1 Co. Litt. 1, 271, b; Wright's Ten. 147,150; 2 Bl. Com. 104,106. Estates in fee are of several sorts, and have different denominations, according to their several natures and respective qualities. They may with propriety be divided into, 1, fees simple; 2, fees determinable; 3, fees qualified; 4, fees conditional; and 5, fees tail.
1. A fee simple is an interest which, in reference to the ownership of individuals, is not restrained to any heirs in particular, nor subject to any condition or collateral determination, except the laws of escheat and the canons of descent, by which it may be qualified, abridged or defeated. 1 Co. Litt. 1, b; Plowd. 557 ; 2 Bl. Com. 104,106; Hale's Analysis, 74. The word fee-simple is sometimes used by the best writers on the law, as contrasted with estates tail. 1 Co. Litt. 19. In this sense, the term comprehends all other fees as well as the estate, properly, and, in strict propriety of technical language, is peculiarly distinguished by this apjMjllation.
2. A determinable fee is an interest which may continue forever. I'lowd. 557; Shep. Touch. 97. It is a quality of this estate while it falls under this denomination, that it is liable to be determined by some act or event, expressed on its limitation, to circumscribe its continuance, or interfered by the law as bounding its extent; 2 Bl. Com. 109; limitations to a man and his heirs, till the marriage of such a person shall take place, Cro. Jac. 593; 10 Vin. Abr. 133; till debts shall be paid; Fearne, 187; until a minor shall attain the age of twenty-one years; 3 Atk. 74; Ambler, 204; 9 Mod. 28; 10 Vin. Abr. 203; Fearne, 342; are instances of such a determinable fee.
3. Qualified fee, is an interest given on its first limitation, to a man and to certain of his heirs, and not to extend to all of them generally, nor confined to the issue of his body. A limitation to a man and his heirs on the part of his father, affords an example of this species of estate. Litt. § 354; 1 Inst. 27, a. 220; 1 Prest. on Estates, 449.
4. A conditional fee, in the more general acception of the term, is when, to the limitation of an estate, a condition is annexed which renders the estate liable to be defeated. 10 Rep. 95, b. In this application of the term, either a determinable or
I qualified fee may at the same time be a conditional fee. An estate limited to a man and his heirs, to commence on the performance of a condition, is also frequently described by this appellation. Pres. on Est. 476; Fearne, 9.
5. As to fee-tail, see Tail.
FEES, compensation, are certain perquisites allowed by law to officers concerned in the administration of justice, or in the performance of duties required by law, as a recompense for their labour and trouble. Bac. Ab. h. t. The term fees differs from costs in this, that the former are, as above mentioned, a recompense to the officer for his services, and the latter, an indemnification to the party for money laid out and expended in his suit. 11 S. & R. 248. Vide Costs; Colour of office; Exaction; Extortion.
FEIGNED ACTION, practice, is an action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ are true; it differs from false action, in which case the words of the writ are false. Co. Litt. 361, sect. 689. Vide Fictitious action.
FEIGNED ISSUE, practice, is an issue brought by consent of the parties, or the direction of a court of equity, or such courts as possess equitable powers, to determine before a jury some disputed right, which the court had not the power to try. 3 Bl. Com. 452.
FELO DE SE, criminal law, a felon of himself; a self-murderer. To be guilty of this offence the deceased must have had the will and intention of committing it, else he committed no crime. As he is beyond the reach of human laws, he cannot be punished; the English law, indeed attempts to inflict a punishment by a barbarous burial of his body, and by forfeiting to the king