Blacks Law Dict. 1st ed

503

FOR THAT WHEREAS

FORCHEAPCJM

FOR THAT WHEREAS. In pleading. Formal words introducing the statement of the plaintiff's case, by way of recital, in his declaration, in all actions except trespass. 1 Instr. Cler. 170; 1 Burrill, Pr. 127. In tres pass, where there was no recital, the expres sion used was, "For that." Id.; 1 Instr. Cler. 202. FOR USE. 1. For the benefit or advan tage of another. Thus, where an assignee is obliged to sue in the name of his assignor, the suit is entitled "A. for use of B. v. C." 2. For enjoyment or employment without destruction. A loan "for use" is one in which the bailee has the right to use and en joy the article, but without consuming or de stroying it, in which respect it differs fiom a loan "for consumption." "FOR WHOM IT MAY CONCERN." In a policy of marine or fire insurance, this phrase indicates that the insurance is taken for the benefit of all persons (besides those named) who may have an insurable interest in the subject. FORAGE. Hay and straw for horses, particularly in the army. Jacob. FORAGIUM. Straw when the corn is threshed out. Cowell. FORANETJS. One from without; a for eigner; a stranger. Calvin. FORATHE. In forest law. One who could make oath, i. e., bear witness for an other. Cowell; Spelman. FORBALCA. In old records. A fore balk ; a balk (that is, an unplowed piece of land) lying forward or next the highway. Cowell. FORBANNITUS. A pirate; an outlaw; one banished. FORBARRER. L. Fr. To bar out; to preclude; hence, to estop. FORBATUDUS. In old English law. The aggressor slain in combat. Jacob. FORBEARANCE. The act of abstaining from proceeding against a delinquent debtor; delay in exacting the enforcement of a right; indulgence granted to a debtor. •Refraining from action. The term is used in this sense, in general jurisprudence, in contradistinction to "act." FORCE. Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an

end. Usually the word occurs in such con nections as to show that unlawful or wrong ful action is meant. Unlawful violence. It is either simple, as entering upon another's possession, without doing any other unlawful act; compoitnd t when some other violence is committed, which of itself alone is criminal; or implied, as in every trespass, rescous, or disseisin. Power statically considered; that is, at rest, or latent, but capable of being called into activity upon occasion for its exercise. Effi cacy; legal validity. This is the meaning when we say that a statute or a contiact is "in force." In old English law. A technical term applied to a species of accessary before the fact. In Scotch law. Coercion; duress. Bell. FORCE AND ARMS. A phrase used in declarations of trespass and in indict ments, but now unnecessary in declarations, to denote that the act complained of was done with violence. 2 Chit. PI. 846, 850. FORCE AND FEAR, called also u vi metuque, " means that any contract or act ex torted under the pressure of force (vis) or under the influence of fear (metus) is voidable on that ground, provided, of course, that the force or the fear was such as influenced the party. Brown. FORCE MAJEURE. Fr. In the law of insurance. Superior or irresistible force. Emerig. Tr. des Ass. c. 12. FORCED HEIRS. In Louisiana. Those persons whom the testator or donor cannot deprive of the portion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them. Civil Code La. art. 1495. FORCED SALE. In practice. A sale made at the time and in the manner pre scribed by law, in virtue of execution issued on a judgment already rendered by a court of competent jurisdiction; a sale made under the process of the court, and in the mode pre scribed by law. 6 Tex. 110. A forced sale is a sale against the consent of the owner. The term should not be deemed to em brace a sale under a power in a mortgage. 15 Fla. 836. FORCES. The military and naval power of the country. FORCHEAPTTM. Pre-emption; forestall ing the market Jacob.

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