KFLCC Kingdom Law 2nd Ed.

F

474

FACINUS QUOS INQUINAT ^QOAT

F P. In old English criminal law, this let ter was branded upon felons upon their be ing admitted to clergy; as also upon those convicted of fights or frays, or falsity. Jacob; Cowell; 2 Reeve, Eng. Law, 392; 4 Reeve, Eng. Law, 485. F. O. B. In mercantile contracts, this abbreviation means "free on board," and im ports that the seller or consignor of goods will deliver them on the car, vessel, or oth er conveyance by which they are to be trans ported without expense to the buyer or con signee, that is, without charge for packing, crating, drayage, etc., until delivered to the carrier. Vogt v. Shienbeck, 122 Wis. 491, 100 N. W. 820, 67 L. R. A. 756, 106 Am. St. Rep. 989; Silberman v. Clark, 96 N. Y. 523; Sheffield Furnace Co. v. Hull Coal & Coke Co., 101 Ala. 446, 14 South. 672. FABRIC LANDS. In English law. Lands given towards the maintenance, re building, or repairing of cathedral and other churches. Cowell; Blount FABRICA. In old English law. The making or coining of money. FABRICARE. Lat To make. Used in old English law of a lawful coining, and also of an unlawful making or counterfeiting of coin. See 1 Salk. 342. FABRICATE. To fabricate evidence is to arrange or manufacture circumstances or indicia, after the fact committed, with the purpose of using them as evidence, and of deceitfully making them appear as if acci dental or undesigned; to devise falsely or contrive by artifice with the intention to de ceive. Such evidence may be wholly forged and artificial, or it may consist In so warping and distorting real facts as to create an erro neous impression In the minds of those who observe them and then presenting such im pression as true and genuine. —Fabricated evidence. Evidence manufac tured or arranged after the fact, and either wholly false or else warped and discolored by artifice and contrivance with a deceitful intent. See supra.— Fabricated fact. In the law of evidence. A fact existing only in statement, without any foundation in truth. An actual or genuine fact to which a false appearance has been designedly given; a physical object placed in a false connection^ with another, or with a person on whom it is designed to cast suspicion. FABUXA. In old European law. A con tract or formal agreement; but particularly used in the Lombardic and Visigothic laws to denote a marriage contract or a will. FAC SIMILE. An exact copy, preserv ing all the marks of the original.

FAC SIMILE PROBATE. In England, where the construction of a will may be af fected by the appearance of the original pa per, the court will order the probate to past in fac simile, as it may possibly help to show the meaning of the testator. 1 Williams, Ex'rs, (7th Ed.) 331, 386, 566. FACE. The face of an instrument Is that which is shown by the mere language em ployed, without any explanation, modifica tion, or addition from extrinsic facts or evi dence. Thus, if the express terms of the paper disclose a fatal legal defect, it is said to be "void on its face." Regarded as an evidence of debt, the face of an instrument is the principal sum which it expresses to be due or payable, without any additions in the way of interest or costs. Thus, the expression "the face of a judg ment" means the sum for which the judg ment was rendered, excluding the interest accrued thereon. Osgood v. Bringolf, 32 Iowa, 265. FACERE. Lat To do; to make. Thus, facere defaltam, to make default; facere duellum, to make the duel, or make or do battle; facere finem, to make or pay a fine; facere legem, to make one's law; facere sa cramentum, to make oath. FACIAS. That you cause. Occurring in the phrases "scire facias,'* (that you cause to know,) "fieri facias," (that you cause to be made,) etc. FACIENDO. In doing or paying; In some activity. FACIES. Lat The face or countenance; the exterior appearance or view; hence, con templation or study of a thing on its external or apparent side. Thus, prima facie means at the first inspection, on a preliminary or exterior scrutiny. When we speak of a "prima facie case," we mean one which, on Its own showing, on a first examination, or without investigating any alleged defenses, is apparently good and maintainable. FACILE. In Scotch law. Easily per suaded; easily Imposed upon. Bell. FACILITIES. This name was formerly given to certain notes of some of the banks in the state of Connecticut which were made payable In two years after the close of the war of 1812, Springfield Bank v. Merrick, 14 Mass. 322. FACILITY. In Scotch law. Pliancy of disposition. Bell. Facinns quos inquinat sequat. Guilt makes equal those whom It stains.