Blacks Law Dict. 1st ed

FORMEDON IH THE REVERTEB 511

FORSWEAR

mentioned as of considerable interest. Co. Litt. note 77, lib. 3. FORNAGIUM. The fee taken by a lord of his tenant, who was bound to bake in the lord's common oven, (in furno domini,) or for a commission to use his own. FORNICATION. Unlawful sexual in tercourse between two unman ied peisons. Further, if one of the persons be married and the other not, it is fornication on the part of the latter, though adultery for the former. In some jurisdictions, however, by statute, it is adultery on the part of both persons if the woman is married, whether the man is married or not. FORNIX. Lat. A brothel; fornication. FORNO. In Spanish law. ,An oven. Las Partidas, pt. 3, tit. 32, 1. 18. FORO. In Spanish law. The place where tribunals hear and determine causes,— exer cendarum litium locus. FOROS. In Spanish law. Emphyteutic rents. Schm. Civil Law, 309. FORPRISE. An exception; reservation; excepted; reserved. Anciently, a term of frequent use in leases and conveyances. Cowell; Blount. In another sense, the word is taken for any exaction. FORSCHEL. A strip of land lying next to the highway. FORSES. "Waterfalls. Camden, Brit. FORSPEAKER. An attorney or advo cate in a cause. Blount; Wlnshaw. FOR SPEC A. In old English law. Prolocutor; paranymphus. FORSTAL. See FORESTALL. Forstellarius est pauperum depressor et totius communitatis et patriae pub licus inimicus. 3 Inst. 196. A forestaller is an oppressor of the poor, -and a public en emy of the whole community and country. FORSWEAR. In criminal law. To make oath to that which the deponent knows to be untrue. This term is wider in its scopp than "per jury," for the latter, as a technical term, in cludes the idea of the oath being taken before a competent court or officer, and relating to a material issue, which is not implied by the word "forswear."

FORMEDON IN THE REVERTER. A writ of formedon which lay where there was a gift in tail, and afterwards, by the death of the donee or his heirs without issue of his body, the reversion fell in upon the donor, his heirs or assigns. In such case, the reversioner had this wrxt to recover the lands. 3 Bl. Comm. 192. FOBMELLA. A certain weight of above 70 lbs. f mentioned in 51 Hen. III. Cowell. FOBMEB ADJUDICATION, or FOR MER RECOVEBY. An adjudication or recovery in a former action. See RES JUDI CATA. FOBMIDO PEBICXJLI. Lat. Fear of danger. 1 Kent, Comm. 23. FOBMS OF ACTION. The general designation of the various species or kinds of personal actions known to the common law, such as trover, trespass, debt, assump sit, etc. These differ in their pleadings and evidence, as well as in the circumstances to which they are respectively applicable. FOBMULA. In common-law practice, a set form of words used in judicial proceed ings. In the civil law, an action. Calvin. FORMUL2E. In Roman law. When the letjis antiones were proved to be inconven ient, a mode of procedure called "per for mulas," (i. e., by means of formulae,) was gradually introduced, and eventually the legis aotiones were abolished by the Lex 2Ebutia, B. C. 164, excepting in a very few exceptional matters. The formula were four in num ber, namely: (1) The Demonstratio, wherein the plaintiff stated, i. e., showed, the facts out of which his claim arose; (2) the Inten tio, where he made his claim against the de fendant; (3) the Adjudicatio, wherein the judex was directed to assign or adjudicate the property or any portion or portions there of according to the rights of the parties; and (4) the Condemnatio, in which the judex was authorized and directed to condemn or to acquit according as the facts were or were not proved. These formulce were obtained from the magistrate, (in jure,) and were thereafter proceeded with before the judex, (in judicio.) Brown. See Mackeld. Rom. Law, § 204. FORMULARIES. Collections of for mula, or forms of forensic proceedings and in struments used among the Franks, and other early continental nations of Europe. Among these the formulary of Marculphus may be

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