Blacks Law Dict. 1st ed

510 FORMEDON IN THE REMAINDER

FORISJURARE

by judgment of court. Bract, fol. 2506/ Co. Litt. 100b; Du Cange. FORISJURARE. To forswear; to ab jure; to abandon. Forisjurare parentilam. To remove oneself from paiental authority. The person who did this lost his rights as heir. Du Cange. Pi oxiinciain forisjurare. To forswear the country. Spelman. FORJUDGE. See FOREJUDGE. FORJURER. u. Fr. In old English law. To forswear; to abjure. Forjurer royahne, to abjure the realm. Britt. cc. 1,16. rOELER-LAND. Land in the diocese of Hereford, which had a peculiar custom at tached to it, but which has been long since disused, although the name is retained. But. Surv. 56. FORM. 1. A model or skeleton of an in strument to be used in a judicial proceeding, containing the principal necessary matteis, the proper technical terms or phrases, and whatevei else is necessary to make it formally conect, arranged in proper and methodical order, and < apableof being adapted to the cir cumstances of the specific case. 2. As distinguished from "substance," "form" means the legal or technical manner or oider to be observed in legal instruments or juridical proceedings, or in the construc tion of legal documents or processes. The distinction between a form " and " substance " is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient, irrespective of the manner of setting it forth, the defect is one of substance. If the matter of the plea is good and sufficient, but is inartiflcidlly or defectively pleaded, the defect is one of form. FORMA. Form; the prescribed form of judicial proceedings. Forma et flgura ju dicii, the form and shape of judgment or ju dicial action. 3 Bl. Comm. 271. Forma dat esse. Form gives being. Called "the old physical maxim." Lord Hen ley, Ch., 2 Eden, 99. Forma legalis forma essentialis. Legal form is essential form. 10 Coke, 100. Forma non observata, infertur adnul latio actus. Where form is not observed, a nullity of the act is inferred. 12 Coke, 7. Where the law prescribes a form, the non-ob servance of it is fatal to the proceeding, and the whole becomes a nullity. Best, Ev. In trod. S 59.

FORMA PAUPERIS. See IN FORMA PATJPERIS. FORMALITIES. In England, robes worn by the magistrates of a city or corpora tion, etc., on solemn occasions. Enc. Lond. FORMALITY. The conditions, in re gard to method, order, arrangement, use of technical expressions, performance of spe cific acts, etc., which are required by the law in the making of contracts or conveyances, or in the taking of legal proceedings, to in sure their validity and regulaiity. FORMATA. In canon law. Canonical letters. Spelman. FORMATA BREVIA. Formed writs v writs of form. See BREVIA FORMATA. F O R M E D ACTION. An action for which a set form of words is prescribed, which must be strictly adhered to. 10 Mod. 140, 141. FORMEDON. Anancient writ in En glish law which was available for one who had a right to lands or tenements by virtue of a gift in tail. It was in the nature of a writ of right, and was the highest action that a tenant in tail could have; for he could not have an absolute writ of right, that being confined to such as claimed in fee-simple, and for that reason this writ of formedon was granted to him by the statute de donis, Westm. 2, 13 Edw. I.e. 1,) and was emphat ically called "his" writ of right. The writ was distinguished into three species, viz.: Formedon in the descender, in the remainder, and in the reverter. It was abolished in England by St. 3 & 4 Win. IV. c. 27. See 3 Bl. Comm. 191; Co. Litt. 316; Fitzh. Nat. Brev. 255. FORMEDON IN THE DESCENDER. A writ of formedon which lay where a gift was made in tail, and the tenant in tail aliened the lands or was disseised of them and died, for the heir in tail to recover them, against the actual tenant of the freehold. 3 Bl. Comm. 192. FORMEDON IN THE REMAIN DER. A writ of formedon which lay where a man gave lands to another for life or in tail, with remainder to a third person in tail or in fee, and he who had the particular es tate died without issue inheritable, and a stranger intruded upon him in remainder, and kept him out of possession. Iu this case he in remainder, or his heir, was entitled to this writ. 3 Bl. Comm. 192.

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