while acting in any other fiduciary | certain, (being the return day therein capacity," to take the benefit of that mentioned,) to render to the said act. Sect. 1. See 2 Metc. R. 343. plaintiff his debt and damages aforeFIEF or FEUD. In its origin, said, whereof the said defendant is a fief was a district of country, allot- | convict. It must be tested in the ted to one of the chiefs who invaded name of the officer as directed by the the Roman empire, as a stipend or constitution or laws; as, " Witness reward; with a condition annexed the honourable John B. Gibson, our that the possessor should do service chief justice, at Philadelphia, the faithfully both at home and in the tenth day of October, in the year of wars, to him by whom it was given. our Lord one thousand eight hundred 2 Bl. Com. 45; Encyclopédie, h. and thirty-nine." It must be signed t.; Merl. Rép. h. t. by the prothonotary, or clerk of the court, and sealed with its seal. The signature of the prothonotary, it has been decided in Pennsylvania, is not indispensable. FIERI FACIAS, practice, is | the name of a writ of execution. It is so called because when writs were in Latin, the words directed to the sheriff, were, quod fieri facias de bonis et catallis, &c. that you cause to be made of the goods and chattels, &c. Co. Litt. 290 b. The foundation of this writ is a judgment for debt or damages, and the party who has recovered such a judgment is generally entitled to it, unless he is delayed by the stay of execution which the law allows in certain cases after the rendition of the judgment, or by proceedings in error. This subject will be considered with regard to, 1, the form of the writ; 2, its effects; 3, the manner of executing it. The amount of the 2 debt, interest, and costs, must also be endorsed on the writ. This form varies as it is issued on a judgment in debt, and one obtained for damages merely. The execution being founded on the judgment must, of course, follow, and be warranted by it. Saund. 72 h, k; Bing. on Ex. 186; hence, where there is more than one plaintiff or defendant, it must be in the name of all the plaintiffs, against all the defendants. 6 T. R. 525. It is either for the plaintiff or the defendant. When it is against an executor or administrator, for a liability of 1. The writ is issued in the name the testator or intestate, it is conformof the government, as required by able to the judgment, and must be the constitution, and directed to the only against the goods of the deceassheriff, commanding him that of the ed, unless the defendant has made goods and chattels (and, where lands himself personally liable by his false are liable for the payment of debts, pleading, in which case the judgment as, in Pennsylvania, of the lands and is de bonis testatoris si, et si non, de tenements) of the defendant, therein bonis propriis, and the fieri facias named, in his bailiwick, he cause to | must conform to it. 4 Serg. & Rawle, be levied as well a certain debt of 394; 18 John. 502; 1 Serg. & as dollars, which the plaintiff, (naming him,) in the court of (naming it,) recovered against him, dollars, like money which to the said plaintiff were adjudged for his damages, which he had by the detention of that debt, and that he, (the sheriff, have that money before | the judges of the said court, on a day Rawle, 453; 1 Dall. 481; and see Tidd's Pr. 933; Com. Dig. Pleader, 2 D. 15; 1 Hayw. 298; 2 Hayw. 112. 2. At common law the writ bound the goods of the defendant or party against whom it was issued, from the teste day; by which must be understood that the writ bound the pro House. He may, however, enter the house, if it be open, and, being once lawfully entered, he may break open an inner door or chest to seize the goods of the defendant, even without any request to open them. 4 Taunt. 619; 3 B. & P. 223; Cowp. 1. Although the sheriff is authorised perty against the party himself, and all claiming by assignment from, or by representation under him; 4 East, R. 538; so that a sale by the defendant of his goods to a bona fide purchaser, did not protect them from a fieri fucias tested before, although not issued or delivered to the sheriff till after the sale; Cro. Eliz. 174; to enter the house of the party to Cro. Jac. 451; 1 Sid. 271. To search for goods, he cannot enter that remedy this manifest injustice, the of a stranger, for that purpose, withstatute of frauds, 29 Car. II. c. 3, s. out being guilty of a trespass, unless 16, was passed. The principles of the defendant's goods are actually in this statute have been adopted in most the house. Com. Dig. Execution, C of the states, Griff. Law Reg. answers 5; 1 Marsh. R. 565. The sheriff to No. 39, under No. III. The sta- may break the outer door of a barn; tute enacts "that no writ of fieri 1 Sid. 186; S. C. 1 Keb. 689; or of facias, or other writ of execution a store disconnected with the dwellingshall bind the property of the goods house, and forming no part of the of the party, against whom such writ curtilage. 16 Johns. R. 287. The of execution is sued forth, but from fi. fa. may be executed at any time the time that such writ shall be deli- before, and on the return day, but vered to the sheriff, under-sheriff, or not on Sunday, where it is forbidden coroners, to be executed; and for the by statute. Wats. on Sheriffs, 173; better manifestation of the said time, 5 Co. 92; Com. Dig. Execution, c. 5. the sheriffs, &c., their deputies, or agents, shall upon the receipt of any such writ, (without fee for doing the same,) endorse upon the back thereof, the day of the month and year, whereon he or they received the same. Vide 2 Binn. R. 174; 2 Serg. & Rawle, 157; 2 Yeates, 177; 8 Johns. R. 446; 12 Johns. R. 320; 1 Hopk. R. 368; 3 Penna. R. 247; 3 Rawle, 401; 1 Whart. R. 377. 3. The execution of the writ is made by levying upon the goods and chattels of the defendant, or party against whom it is issued; and, in general, seizing a part of the goods in the name of the whole on the premises, is a good seisure of the whole, Ld. Raym. 725; 2 Serg. & Rawle, 142; 4 Wash. C. C. R. 29; but see 1 Whart. Rep. 377. The sheriff cannot break the outer door of a house for the purpose of executing a fieri facias, 5 Co. 92; nor can a window be broken for this purpose, W. Jones, 429. See articles Door; Vide Wats. on Sher. ch. 10; Bing. Ex. c. 1, s. 4; Gilb. on Exec. Index, h. t.; Grah. Pr. 321; Troub. & Hal. Pr. Index, h. t; Com. Dig. Execution, C 4; Process, F 5, 7; Caines's Pr. Index, h. t. ; Tidd's Pr. Index, h. t.; Sell. Pr. Index, h. t. FIERI FECI, in practice, is the return which the sheriff, or other proper officer, makes to certain writs, signifying, "I have caused to be made." When the officer has made this return, a rule may be obtained upon him, after the return day, to pay the money into court, and if he withholds payment, an action of debt may be had on the return, or assumpsit for money had and received may be sustained against him. 3 Johns. R. 183. proceedings, and they will be held | side of the centre of the worked part of the road, although the whole of the valid; but Arabic figures, probably FILACER, FILAZER, or FILIZER, English law. An officer of the Court of Common Pleas, so called because he files those writs on which he makes out process. FILE, practice, a thread, a string or wire, upon which writs and other exhibits in courts and offices are fastened or filed, for the more safe keeping and ready turning to the same. The papers put together in order, in bundles and tied, are also called a file. A paper is said to be filed, when it is delivered to the proper officer, and by him received to be kept on file. 13 Vin. Ab. 211. FILIATION, civil law, is the descent of son or daughter with regard to her father, mother, and their ancestors. FILLEY. A mare not more than one year old. Russ. & Ry. 416; Ib. 494. NON RECEVOIR, It is an exception or founded on law, which without entering into the merits of the cause, shows that the plaintiff has no right to bring it, either because the time during which it ought to have been brought has elapsed, which is called prescription, or that there has been a compromise, accord and satisfaction or any other cause which has destroyed the right of action which once subsisted. Poth. Proc. Civ. partie 1, c. 2, s. 2, art. 2. Vide Exception. FINAL, that which puts an end to a thing. It is used in opposition to interlocutory; as, a final judg ment, is a judgment which ends the controversy between the parties litigant. 1 Wheat. 355; 2 Pet. 449. See 12 Wheat. 135; 4 Dall. 22; 9 Pet. 1; 6 Wheat. 448; 3 Cranch, 179; 6 Cranch, 51. FINDER, is one who lawfully comes to the possession of another's personal property, which was then lost. The finder is entitled to certain rights and liable to duties which he is obliged to perform. This is a species of deposit, which as it does not arise ex contractu, may be called a quasi deposit, and it is governed by the same general rules as common deposits. The finder is required to take the same reasonable care of the property found, as any voluntary depositary ex contractu. Doct. & St. Dial. 2, c. 38; 2 Bulst. FILUM AQUÆ, thread or middle 306, 312; S. C. 1 Rolle's R. 125; of a water-course, (q. v.) FILUM VIE. The thread or centre of the road. Where a law requires travellers meeting each other on a road to drive their carriages to the right of the centre of the road, the parties are bound to keep on their the finder is not bound to take the goods he finds, yet, when he does undertake the custody, he is requir ed to exercise reasonable diligence in preserving the property, and he will be responsible for gross negligence. Some of the old authorities laid down that "if a man find butter, and by his negligent keeping it putrify; or if a man find garments, and by his negligent keeping they be moth eaten, no action lies." So it is if a man finds goods and lose them again, Bac. Ab. Bailment, D; and in support of this position, Leon. 123, 223; Owen, 141; and 2 Bulstr. 21, are cited. But these cases, if carefully examined, will not, perhaps, be found to decide the point as broadly as it is stated in Bacon. A finder would doubtless be held responsible for gross negligence. On the other hand, the finder of an article is entitled to recover all expenses which have necessarily occurred in preserving the thing found, as if a man were to find an animal, he would be entitled to be reimbursed for his keeping, for advertising in a reasonable manner, that he had found it, and to any reward which may have been offered by the owner for the recovery of such lost thing. Domat, 1. 2, t. 9, s. 2, n. 2. Vide Story, Bailm. § 35. And when the owner does not reclaim the goods lost, they belong to the finder. 1 Black. Com. 296; 2 Kent's Com. 290. How far the finder is responsible criminally, see 1 Hill, (N. Y.) Rep. 94. FINDING, practice. That which has been ascertained, as, the finding of the jury is conclusive as to matters of fact. FINE. This word has various significations. It is employed, 1, to mean a sum of money, which by judgment of a competent jurisdiction, is required to be paid for the punishment of an offence; 2, to designate the amount paid by the tenant, on his entrance, to the lord; 3, to signify a special kind of conveyance. FINE, in conveyances, and in practice, is an amicable composition or agreement of a suit, either actual or fictitious, by leave of the court, by which the lands in question become, or are acknowledged to be, the right of one of the parties. Co. Litt. 120; 2 Bl. Com. 349; Bac. Abr. Fines and Recoveries. A fine is so called, because it puts an end, not only to the suit thus commenced, but also to all other suits and controversies concerning the same matter. The stat. 18 E. 1, called modus levandi fines, declares and regulates the manner in which they should be levied and carried on; and that is as follows; 1, the party to whom the land is conveyed or assured, commences an action at law against the other, generally an action of covenant, by suing out a writ of præcipe called a writ of covenant, that the one shall convey the lands to the other, on the breach of which agreement the action is brought. The suit being thus commenced, then follows, 2. The licentia concordi, or leave to agree to the suit, 3. The concord or agreement itself, after leave obtained by the court; this is usually an acknowledgment from the deforciants, that the lands in question are the lands of the complainants; 4. The note of the fine, which is only an abstract of the writ of covenant, and the concord; naming the parties, the parcels of land, and the agreement. 5. The foot of the fine or the conclusion of it, which in cludes the whole matter, reciting the parties, day, year and place, and be fore whom it was acknowledged or levied. Fines thus levied, are of four kinds, 1. What in law French is called a fine sur cognizance de droit, come ceo que il ad de son done; or a fine upon an acknowledgment of the right of the cognizee, as that which he has of the gift of the cogni, zor. This fine is called a feoffment of record. 2. A fine sur cognizance de droit tantum, or acknowledgment of the right merely. 3. A fine sur concessit, is where the cognizor in a man may, in general, justify the destruction of a house on fire for the protection of the neighbourhood, for the maxim salus populi est suprema lex, applies in such case. 11 Co. 13; Jac. Intr. 122, max. 115. Vide Accident; Act of God, and 3 Saund. 422 a, note 2; 3 Co. Litt. 57 a, n. 1; Ham. N. P. 171; 1 Cruise's Dig. 151, 2; 1 Vin. Ab. 215; 1 Rolle's Ab. 1; Bac. Ab. Action on the case, F; 2 Lois des Bâtim. 124; Newl. on Contr. 323; 1 T. R. 310, 708; Amb. 619; 6 T. R. 489. order to make an end of disputes, | trollable and dangerous to the public, though he acknowledges no precedent right, yet grants to the consignee an estate de novo, usually for life or years, by way of a supposed composition. 4. A fine sur done grant et render, which is a double fine, comprehending the fine sur cognizance de droit come ceo, &c. and the fine sur concessit; and may be used to convey particular limitations of estate, and to persons who are strangers, or not named in the writ of covenant, whereas the fine sur cognizance de droit come ceo, &c. conveys nothing but an absolute estate, either of inheritance, or at least of freehold. Salk. 340. In this last species of fines, the cognizee, after the right is acknowledged to be in him, grants back again, or renders to the cognizor, or perhaps to a stranger, some other estate in the premises. 2 Bl. Com. 348 to 358. See Cruise on Fines; Vin. Abr. Fine; Sheph. Touch. c. 2; Bac. Ab. Fines and Recoveries; Com. Dig. Fine. FINE, in criminal law, is a pecuniary punishment imposed by a lawful tribunal, upon a person convicted of crime or misdemeanor. See Shep. Touchs. 2; Bac. Abr. Fines and Amercements. The amount of the fine is frequently left to the discretion of the court, who ought to proportion each fine to the offence. To prevent the abuse of excessive fines, the constitution of the United States directs that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Amendm. to the Constitution, art. 8. FIRE, ACCIDENTAL. It is an uncontrollable fire which arises in consequence of some human agency, without any intention, or which happens by some natural cause without human agency. Whether a fire arise purely by accident, or from any other cause, when it becomes uncon FIREBOTE, fuel for necessary use; a privilege allowed to tenants to take necessary wood for fuel. FIRKIN. A measure of capacity, equal to nine gallons. FIRM. The persons composing a partnership, taken collectively, are called the firm. Sometimes this word is used synonymously with partnership. The name of a firm should be distinct from the names of all other firms. When there is a confusion in this respect, the partners composing one firm may, in some cases, be made responsible for the debts of another. For example, where three persons carried on a trade under the firm of King and Company, and two of those persons with another, under the same firm, carried on another partnership; a bill under the firm, and which was drawn on account of the one partnership, was made the ground of an action of assumpsit against the other. Lord Kenyon was of opinion that this company was liable; that the partner not connected with the company that drew the bill, having traded along with the other partner under that firm, per sons taking bills under it, though without his knowledge, had a right to look to him for payment. Peake's N. P. Cas. 80; and see 7 East, R. 210; 2 Bell's Com. 670, 5th ed. But it would seem, 1st, that any act |