Blacks Law Dict. 1st ed

526 FURIOSUS ABSENTIS LOCO EST

FUND

ing to weight, measure, and number. Things belonging to a class, which do not have to be dealt with in specie. Those things one specimen of which is as good as another, as is the case with half-crowns, or pounds of rice of the same quality. Horses, slaves, and so forth, are non-fuagible things, because they differ individually in value, and cannot be exchanged in differently one for another. Holl. Jur. 88. Where a thing which is the subject of sn obliga tion (which one man is bound to deliver to an other) must be delivered in specie, the thing is not fungible; that very individual thing, and not an other thing of the same or another class, in lieu of it, must be delivered. Where the subject of the obligation is a thing of a given class, the thing is said to be fungible; i. e., the delivery of any object which answers to the generic description will sat isfy the terms of the obligation. Aust. Jur. 483,484 FUB Lat. A thief. One who stole se cretly or without force or weapons, as opposed to robber. FUB MANIFESTUS. Lat. In the civil law. A manifest thief. A thief who is taken in the very act of stealing. FUBANDI ANIMUS. An intention of stealing. FUBCA. , A fork. A gallows or gibbet. Bract, fol. 56. FUBCA ET FLAGELLUM. In old English law. Gallows and whip. Tenure ad furcam et flagellum, tenure by gallows and whip. The meanest of servile tenures, where the bondman was at the disposal of his lord for life and limb. Co well. FUBCA ET FOSSA. In old English law. Gallows and pit, or pit and gallows. A term used in ancient charters to signify a jurisdiction of punishing thieves, viz., men by hanging, women by drowning. Spelman; Cowell. FUBIGELDUM. A fine or mulct paid for theft. Furiosi nulla voluntas est. A madman has no will. Dig. 50, 17, 40; Broom, Max. 314. FUBIOSITY. In Scotch law. Madness, as distinguished from fatuity or idiocy. FUBIOSUS. An insane man; a mad man; a lunatic. Furiosus absentis loco est. A madman is the same with an absent person, [that ia, his presence is of no effect.] Dig. 50, 17, 24. 1.

In its narrower and more usual sense, "fund" signifies "capital," as opposed to "interest" or "income;" as where we speak of a corporation funding the arrears of interest due on its bonds, or the like, meaning that the interest is capitalized and made to bear interest in its turn until it is re paid. Sweet. FUNDAMENTAL LAW. The law which determines the constitution of govern ment in a state, and prescribes and regulates the manner of its exercise; the organic law of a state; the constitution. FUNDAMUS. We found. One of the words by which a corporation may be created in England. 1 Bl. Comm. 473; 3 Steph. Comm. 173. FUNDATIO. A founding or foundation. FUNDATOB. A founder, (q. v.) FUNDI PATBIMONIALES. Landsol inheritance. FUNDING SYSTEM. The practice of borrowing money to defray the expenses of government, and creating a "sinking fund," designed to keep down interest, and to effect the gradual reduction of the principal debt. FUNDITORES. Pioneers. Jacob. FUNDS. 1. Money in hand; cash; money available for the payment of a debt, leg acy, etc. 2. The proceeds of sales of real and per sonal estate, or the proceeds of any other as sets converted into money. 43 N. J. Eq. 533. 3. Corporate stocks or government secu rities; in this sense usually spoken of as the "funds." 4. Assets, securities, bonds, or revenue of a state or government appropriated for the discharge of its debts. FUNDUS. In the civil and old English law. Land; land or ground generally; land, without considering its specific use;land, in cluding buildings generally; a farm. FUNEBAL EXPENSES. Money ex pended in procuring the interment of a corpse. FUNGIBILES BES. Lat. A term ap plied in the civil law to things of such a nat ure as that they could be leplaced by equal quantities and qualities, because, mutua vice funguntur, they replace and represent each other; thus, a bushel of wheat. A particular horse would not befungibilis res. Sandars, Just. Inst. (5th Ed.) 322. FUNGIBLE THINGS. Movable goods which may be estimated and replaced accord

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