Blacks Law Dict. 1st ed

FRUCTUS INDUSTRIALES

523

FRUSTRA PETIS QUOD, ETC.

ject-matter of the crime. Burrill, Circ. Ev. 445; •* Benth. Tud. Ev. 31. Frumenta quse sata sunt solo cedere intelliguntur Grain which is sown is un derstood to form a part of the soil. Inst. 2, 1,32. FRUMENTUM. In the civil law. Grain. That which grows m an ear. Dig. 50,16,77. FRUMGYLD. Sax. The first payment made to the kindred of a slain person in rec ompense foi his murder. Blount. FRUMSTOLL. Sax. In Saxon law. A chief seat, or mansion bouse. Cowell. FRUSCA TERRA. In old records. Un cultivated and desert ground. 2 Mon. Angl. 327; Cowell. FRUSSURA. A breaking; plowing. Cowell. Frustra agit qui judicium prosequi nequit cum effectu. He sues to no purpose who cannot prosecute his judgment with ef fect, [who cannot have the fruits of his judg ment.] Fleta, lib. 6, c. 37, § 9. Frustra [vana] est potentia quse nun quam venit in aetum. That power is to no purpose which never comes into act, or which is never exercised. 2 Coke, 51. Frustra expectatur eventus cujus ef fectus nullus sequitur. An event is vainly expected from which no effect follows. Frustra feruntur leges nisi subditis et obedientibus. Laws are made to no pur pose, except for those that are subject and obedient. Branch, Princ. Frustra fit per plura, quod fieri potest per pauoiora. That is done to no purpose by many things which can be done by fewer. Jenk. Cent. p. 68, case 28. The employment of more means or instruments for effecting a thing than are necessary is to no purpose. Frustra legis auxilium invocat [quserit] qui in legem committit. He vainly in vokes the aid of the law who transgresses the law. Fleta, lib. 4, c 2, § 3; 2 Hale, P. C. 386; Broom, Max. 279, 297. Frustra petis quod mox es restiturus. In vain you ask that which you will have immediately to restore. 2 Kames, Eq. 104; 5 Man. & G. 757. Frustra petis quod statim alteri red dere cogeris. Jenk. Cent. 256. You ask

FRUCTUS INDUSTRIALES. Indus trial fruits, or fruits of industry. Those fruits of a thing, as of land, which are pro duced by the labor and industry of the occu pant, as crops of grain; as distinguished from such as are produced solely by the powers of nature. Emblements are so called in the com mon law. 2 Steph. Comin. 258; 1 Chit. Gen. Pr. 92. FKUCTUS NATURALES. Those prod ucts which are produced by the powers of nature alone; as wool, metals, milk, the young of animals. FRUCTUS PENDENTES. Hanging fruits; those not severed. The fruits united with the thing which produces them. These form a part of the principal thing. Fructus pendentes pars fundi viden tur. Hanging fruits make part of the land. Dig. 6, 1, 44; 2 Bouv. Inst. no. 1578. Fructus perceptos villee non esse oon stat. Gathered fruits do not make a part of the farm. Dig. 19, 1, 17, 1; 2 Bouv. Inst. no. 1578. FRUCTUS REI ALIENS. The fruits of another's property; fruits taken from an other's estate. FRUCTUS SEPARATI. In the civil law. Separate fruits; the fruits of a thing when they are separated from it. Dig. 7, 4, 13. FRUGES. In the civil law. Anything produced from vines, underwood, chalk-pits, stone-quarries. Dig. 50,16, 77. Grains and leguminous vegetables. In a more restricted sense, any esculent growing in pods. Vicat, Voc. Jur.; Calvin. FRUIT. The produce of a tree or plant which contains the seed or is used for food. This term, in legal acceptation, is not con fined to the produce of those trees which in popular language are called " fruit trees," but applies also to the produce of oak, elm, and walnut trees. 5 Barn. & C. 847. FRUIT FALLEN. The produce of any possession detached therefrom, and capable of being enjoyed by itself. Thus, a next presentation, when a vacancy has occurred, is a fruit fallen from the advowson. Whar ton. FRUITS OF CRIME. In the law of evidence. Material objects acquired by means and in consequence of the commission of crime, and sometimes constituting the sub

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