Blacks Law Dict. 1st ed

FTRD-WITE

528

FURTIVE

FUTURE ESTATE. An estate which is not now vested in the grantee, but is to com mence in possession at some future time. It includes remainders, reversions, and estates limited to commence infuturo without a par ticular estate to support them, which last are not good at common law, except in the case of chattel interests. See 2 Bl. Comm. 165. An estate limited to commence in posses sion at a future day, either without the in tervention of a precedent estate, or on the detei mi nation by lapse of time, or otherwise, of a precedent estate created at the same time. 11 Rev. St. N. Y. (3d Ed.) § 10. "FUTURES." This term has grown out of those purely speculative transactions, in which there is a nominal contract of sale for future delivery, but where in fact none is ever intended or executed. The nominal seller doe3 not have or expect to have the stock or merchandise he purports to sell, nor does the nominal buyer expect to receive it or to pay the price. Instead of that, a per centage or margin is paid, which is increased or diminished as the market rates go up or down, and accounted for to the buyer. 14 R. I. 138. FUTURI. Those who are to be. Part of the commencement of old deeds. "Sciant prcesentes etfuturi, quod ego talis, dedi et concessi," etc., (Let all men now living and to come know that I, A. B., have, etc.) Bract, fol. 346. FUZ, or FUST. A Celtic word, meaning a wood or forest. FYHTWITE. One of the fines incurred for homicide. FYKE. A bow-net for catching fish. Pub. St. Mass. 1882, p. 1291. FYLE. In old Scotch law. To defile; to declare foul or defiled. Hence, to find a prisoner guilty. FYLIT. In old Scotch practice. Fyled; found guilty. See FYLB. FYNDERINGA. Sax. An offense or trespass for which the fine or compensation was reserved to the king's pleasure. Its nat ure is not known. FYRD. The military array or land force of the whole country. Contribution to the fyrd was one of the imposts forming the trinoda necessitas. FYRD-WITE. The fine incurred by neglecting to join the fyrd; one of the rights of the crown.

FURTIVE. In old English law. Stealth ily; by stealth. Fleta, lib. 1, c. 38, § 3. FURTUM. Lat. Theft. The fraudu lent appropriation to one's self of the property of another, with an intention to commit theft without the consent of the owner. Fleta, 1. I, c. 36; Bract, fol. 150; 3 Inst. 107. The thing which has been stolen. Bract, fol. 151. FURTUM CONCEPTUM. In Roman law. The theft which was disclosed where, upon searching any one in the presence of witnesses in due form, the thing stolen was discovered in his possession. Furtum est contrectatio rei alienee fraudulenta, cum auimo furandi, invito illo domino eujus res ilia fuerat. 3 Inst. 107. Theft is the fraudulent handling of an other's property, with an intention of steal ing, against the will of the proprietor, whose property it was. FURTUM GRAVE. In Scotch law. An aggravated degree of theft, anciently pun ished with death. It still remains an open point what amount of value raises the theft to this serious denomination. 1 Broun, 352, note. See 1 Swint. 467. FURTUM MANIFESTUM. Open theft. Theft wheie a thief is caught with the property in his possession. Bract, fol. 1506. Furtum non est ubi initium habet de tentionis per dominium rei. 3 Inst. 107. There is no theft where the foundation of the detention is based upon ownership of the thing. FURTUM OBLATUM. In the civil law. Offered theft. Oblatum furtum dici tur cum resfurtiva ab aliquo Ubi oblata sit, eaque apud te concepta sit. Theft is called "oblatum" when a thing stolen is offered to you by any one, and found upon you. Inst. 4,1,4. FUSTIGATIO. In old English law. A beating with sticks or clubs; one of the an cient kinds of punishment of malefactors. Bract, fol. 1046, lib. 3, tr. 1, c. 6. FUSTIS. In old English law. A staff, used in making livery of seisin. Bract, fol. 40. A baton, CIUD, or cudgel. FUTURE DEBT. In Scotch law. A debt which is created, but which will not be come due till a future day. 1 Bell, Coinm. 815.

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