Blacks Law Dict. 1st ed

FICTITIOUS ACTION

490

FIEF D'HAUBERT

opinion of the court on a point of law, not for the settlement of any actual controversy between the parties. Courts of justice were constituted for the pur pose of deciding really existing questions of right between parties; and they are not bound to answer Impertinent questions which persons think proper to ask them in the form of an action on a wager. 12 East, 248. FICTITIOUS PLAINTIFF. A person appearing in the writ or record as the plain tiff in a suit, but who in reality does not ex ist, or who is ignorant of the suit and of the use of his name in it. It is a contempt of court to sue in the name of afictitiousparty. See 4 Bl. Comm. 134. FIDEI-COMMISSARIUS. In the civil law this term corresponds nearly to our "ces tui que trust." It designates a person who has the real or beneficial interest in an estate or fund, the title or administration of which Is temporarily confided to another. See Story, Eq. Jar. § 966. FIDEI-COMMISSUM. In the civil law. A species of trust; being a gift of property (usually by will) to a person, ac companied by a request or direction of the donor that the recipient will transfer the property to another, the latter being a per son not capable of taking directly under the will or gift. FIDE-JUBERE. In the civil law. To order a thing upon one's faith; to pledge one's self; to become surety for another. Fide-jubesf Fide-jubeo: Do you pledge yourself? I do pledge myself. Inst. 3, 16, 1. One of the forms of stipulation. FIDE-JUSSOR. InRomanlaw. A guarantor; one who becomes responsible for the payment of another's debt, by a stipula tion which binds him to discharge it if the principal debtor fails to do so. Mackeld. Rom. Law, § 452; 3 Bl. Comm. 108. The sureties taken on the arrest of a de fendant, in the court of admiralty, were for merly denominated "fide-jussors." 3 Bl. Comm. 108. FIDELIS. Faithful; trustworthy. FIDELITAS. Fealty; fidelity. Fidelitas. De nullo tenemento, quod tenetur ad terminum, fit homagii; fit tamen inde fidelitatis sacramentum. Co. Litt. 676. Fealty. For no tenement which is held for a term is there the oath of horn Age, but there is the oath of fealty.

FIDEM MENTIRI. When a tenant does not keep that fealty which he has sworn to the lord. Leg. Hen. I. c 53. FIDE-PROMISSOR. See FIDE-JUSSOB. FIDES. Faith; honesty; confidence; trust; veracity; honor. Occurring in the phrase "bona fides;" so, also, "mala fides." Fides est obligatio eonscientiee alicu jus ad intentionem alterius. Bacon. A trust is an obligation of conscience of one to the will of another. Fides servanda est. Faith must be ob served. An agent must not violate the con fidence reposed in him. Story, Ag. § 192. Fides servanda est; simplicitas juris gentium prsevaleat. Faith must be kept; the simplicity of the law of nations must pre vail. A rule applied to bills of exchange as a sort of sacred instruments. 8 Burrows, 1672; Story, Bills, § 15. FIDUCTA. In the civil law. A contract by which we sell a thing to some one—that is, transmit to him the property of the thing, with the solemn forms of emancipation—on condition that he will sell it back to us. This species of contract took place in the emanci pation of children, in testaments, and in pledges. Poth. Pand. h. t. FIDUCIARIUS TUTOR. In Roman law. The elder brother of an emancipated pupillus, whose father had died leaving him still under fourteen years of age. FIDUCIARY. The term is derived from the Roman law, and means (as a noun) a person holding the character of a trustee, or a character analogous to that of a trustee, in respect to the trust and confidence involved in it and the scrupulous good faith and candor which it requires. Thus, a person is a fidu ciary who is invested with rights and powers to be exercised for the benefit of another per son. As an adjective it means of the nature of a trust; having the characteristics of a trust; analogous to a trust; relating to or founded upon a trust or confidence. FIDUCIARY CONTRACT. An agree ment by which a person delivers a thing to another on the condition that he will retton it to him. FIEF. A fee. feod, or feud. FIEF D'HAUBERT. Fr. In Norman feudal law. A fief or fee held by the tenurt

Archive CD Books USA