Blacks Law Dict. 1st ed

513

FOSbAGIUM

FORTUNA

occasioned by the inroads of a hostile army, or by public enemies. Story, Bailm § 25. FORTUNA. Lat. Fortune; also treas ure-trove. Jacob. Fortunam faeiunt judicem. They make fortune the judge. Co. Litt, 167. Spoken of the process of making partition among coparceners by drawing lots for the several purparts. FORTUNE-TELLERS. Persons pre tending or professing to tell fortunes, and punishable as rogues and vagabonds or dis orderly persons. FORTUNIUM. In old English Jaw. A tournament or fighting with spears, and an appeal to fortune therein. FORTY-DAYS COURT. The court of attachment in forests, or wood-mote court. FORUM. Lat. A court of justice, or judicial tribunal; a place of jurisdiction; a place where a remedy is sought; a place of litigation. 8 Story, 347. In Roman law. The market place, or public paved court, in the city of Rome, where such public business was transacted as the assemblies of the people and the judicial trial of causes, and where also elections, markets, and the public exchange were held. FORUM ACTUS. The forum of the act. The forum of the place where the act was done which is now called in question. FORUM CONSCIENTIiE. or tribunal of conscience. The forum FORUM CONTENTIOSUM. A conten tious forum or court; a place of litigation; the ordinary court of justice, as distinguished from the tribunal of conscience. 8 Bl. Comm. 211. FORUM CONTRACTUS. The forum of the contract; the court of the place where a contract is made; the place where a contract is made, considered as a place of jurisdiction. 2 Kent, Comm. 463. FORUM DOMESTICUM. A domestic forum or tribunal. The visitatorial power is called a "fomm domesticum," calculated to determine, sine strepitu, all disputes that arise within themselves. 1 W. Bl. 82. FORUM DOMICILII. The forum or court of the domicile; the domicile ot a de fendant, considered as a place of jurisdiction. 2 Kent, Comm. 463. AM.DICT.LATO—33

FORUM ECCLESIASTICUM. An ec clesiastical court. The spiritual jurisdiction, as distinguished from the secular. FORUM LIGEANTIiE REI. The fo rum of defendant's allegiance. Thecourtor jurisdiction of the country to which he owes allegiance. FORUM ORIGINIS. The court of one's nativity. The place of a person's birth, con sidered as a place of jurisdiction. FORUM REGIUM. The king's court. St. Westm. 2, c. 43. FORUM REI. This term may mean either (1) the forum of the defendant, that is, of his residence or domicile; or (2) the forum of the res or thing in controversy, that is, of the place where the property is situated. The ambiguity springs from the fact that rei may be the genitive of either reus or res. FORUM REI GESTJB. The forura or court of a res gesta, (thing done;) the place where an act is done, considered as a place of jurisdiction and remedy. 2 Kent, Comm. 463. FORUM REI SIT2E. The court where the thing in controversy is situated. The place where the subject-matter m controversy is situated, considered as a place of jurisdic tion. 2 Kent, Comm. 463. FORUM SECULARE. A secular, as distinguished from an ecclesiastical or spirit ual, court. FORURTH. In old records. A long slip of ground. Cowell. FORWARDING MERCHANT, or FORWARDER. One who receives and for wards goods, taking upon himself the ex penses of transportation, for which he re ceives a compensation from the owneis, hav ing no concern in the vessels or wagons by which they are transported, and no interest in the fi eight, and not being deemed a com mon carrier, but a mere warehouseman and agent. Story, Bailm. §§ 502, 509. FOSSA. In the civil law. A ditch; a receptacle of water, made by hand. Dig. 43, 14, 1, 5. In old English law. A ditch. A pit full of water, in which women committing felony were drowned. A grave or sepulcher. Spelman. FOSSAGIUM. In old English law. The duty levied on the inhabitants for r»

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