Blacks Law Dict. 1st ed

FILARE

FILUM

492

Cowell; Blount. The office was abolished in 1837. FILARE. In old English practice. To file. Townsh. PI. 67. FILE, v. In practice. To put upon the tiles, or deposit in the custody or among the records of a court. "Filing a bill" in equity is an equivalent expression to "commencing a suit." "To file" a paper, on the part of a party, is to place it in the official custody of the clerk. "To file," on the part of the clerk, is to in dorse upon the paper the date of its reception, and retain it in his office, subject to inspec tion by whomsoever it may concern. 14 Tex. 339. The expressions "filing" and "entering of reo ord"arenot synonymous. They are nowhere so used, but always convey distinct ideas. "Filing" originally signified placing papers in order on a thread or wire for safe-keeping. In this country and at this day it means, agreeably to our practice, depositing them in due order in the proper office. Entering of record uniformly implies writing. 2 Blackf. 247. FILE, n. A thread, 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. Spelman; Cowell; Tomlins. Papers put to gether and tied in bundles. A paper is said also to be filed when it is delivered to the proper officer, and by him received to be kept on file. 13 Vin. Abr. 211; 1 Litt. 113; 1 Hawk. P. C. 7, 207. But, in general, "file," or "the files," is used loosely to denote the official custody of the court or the place in the offices of a court where the records and papers are kept. FILEINJAID. Brit. A name given to villeins in the laws of Hoel Dda. Barring. Obs. St. 302. FILIATE. Tofixa bastard child on some one, as its father. To declare whose child it is. 2W Bl. 1017. Filiatio non potest probari. Co. Litt. 126. Filiation cannot be proved. FILIATION. The relation of a child to its parent; correlative to "paternity." The judicial assignment of an illegitimate child to a designated man as its father. In the civil law. The descent of son or daughter, with regard to his or her father, mother, and their ancestors. FILICETUM. In old English law. A ferny or bracky ground; a place where fern grows. Co. Litt. 46/ Shep. Touch. 95.

FILIOLUS. In old records. A godson; Spelman. FILIUS. Lat. A son; a child. A distinction Was sometimes made, in the oivil law, between u filU n and u Uberi; n the latter word including grandchildren, (nepotes,) the former not. Inst. 1,14, 5. But, according to Paulus and Juli anus, they were of equally extensive import. Dig. 50, 16, 84; Id. 50,16, 201. Filius est nomen naturae, sed hseres nomen juris. 1 Sid. 193. Son is a name of nature, but heir is a name of law. FILIUS FAMILIAS. In the civil law. The son of a family; an unemancipated son. Inst. 2,12, pr.; Id. 4,5,2; Story, Confl. Laws, §61. Filius in utero matris est pars visce rum matris. 7 Coke, 8. A son in the moth er's womb is part of the mother's vitals. FILIUS MULIERATUS. In old En glish law. The eldest legitimate son of a woman, who previously had an illegitimate son by his father. Glanv. lib. 7, c. 1. Oth erwise called "mulier." 2 Bl. Comm. 248. FILIUS NULLIUS. The son of nobody; i. e., a bastard. FILIUS POPULI. A son of the people; a natural child. FILL. To make full; to complete; to sat isfy or fulfill; to possess and perform the du ties of. The election of a person to an office constitutes th» essence of his appointment; but the office cannot be considered as actually filled until his accept ance, either express or implied. 2 N. H. 203. Where one subscribes for shares in a corporation, agreeing to "take and fill" a certain number of shares, assumpsit will lie against him to recover an assessment on his shares; the word "fill, "in this connection, amounting to a promise to pay as sessments. 10 Me. 478. To fill a prescription is to furnish, prepare, and combine the requisite materials in due proportion as prescribed. 61 Ga. 505. FILLY. A young mare; a female colt. An indictment charging the theft of a "filly'* is not sustained by proof of the larceny of a "mare." 1 Tex. App. 448. FILUM. In old practioe. A file; I. «., a. thread or wire on which papers were strung, that being the ancient method of filing. An imaginary thread or line passing through the middle of a stream or road, as in the phrases "fllum aquce," "fllum vice;* 1 or along the edge or border, as in "filutn for estce."

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