KFLCC Kingdom Law 2nd Ed.

479

FAIR

FALD

transactions arising in or in connection with them are subject to the ordinary rales govern ing sales, etc. FAIR, adj. Just; equitable; even-hand ed ; equal, as between conflicting interests. — Fair abridgment. In copyright law. An abridgment consisting not merely in the ar rangement of excerpts, but one involving real and substantial condensation of the materials by the exercise of intellectual labor and judg ment. Folsom v. Marsh, 9 Fed. Cas. 345.— Fair consideration. In bankruptcy law. One which is honest or free from suspicion, or one actually valuable, but not necessarily ade quate or a full equivalent. Myers v. Fultz, 124 Iowa, 437, 100 N. W. 351.—Fair-play men. A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77: 2 Smith, Laws Pa. 195.— Fair pleader. See BEATJ PLKADEB.— Fair preponderance. In the law of evidence. Such a superiority of the evi dence on one side that the fact of its outweigh ing the evidence on the other side can be perceiv ed if the whole evidence is fairly considered. Bryan v. Railroad Co., 63 Iowa, 464, 19 N. W. 295; State v. Grear, 29 Minn. 225, 13 N. W. 140.— Fair sale. In foreclosure and other ju dicial proceedings, this means a sale conducted with fairness and impartiality as respects the rights and interests of the parties affected. La lor v. McCarthy, 24 Minn. 419.— Fair trial. One conducted according to due course of law; a trial before a competent and impartial jury. Railroad Co. v. Cook, 37 Neb. 435, 55 N. W. 943; Railroad Co. v. Gardner, 19 Minn. 136 (Gil. 99), 18 Am. Rep. 334. With substantial correctness. "Fairly" is not synonymous with "truly," and "truly" should not be substituted for it in a commissioner's oath to take testimony fairly. Language may be truly, yet unfairly, reported; that is, an answer maybe truly written down, yet in a manner conveying a different meaning from that intended and conveyed. And lan guage may be fairly reported, yet not in accord ance with strict truth. Lawrence v. Finch, 17 N. J. Eq. 234. act; fact A deed lawfully executed. Com. Dig. Feme de fait. A wife de facto. FAIT ENROIXE. A deed enrolled, as a bargain and sale of freeholds. 1 Keb. 568. FAIT JURIDIQUE. In French law. A juridical fact One of the factors or ele ments constitutive of an obligation. FAITH. 1. Confidence; credit; reliance. Thus, an act may be said to be done "on the faith" of certain representations. 2. Belief; credence; trust Thus, the con stitution provides that "full faith and credit" shall be given to the judgments of each state in the courts of the others. 3. Purpose; intent; sincerity; state of knowledge or design. This is the meaning of the word in the phrases "good faith" and "bad faith." In Scotch law. A solemn pledge; an oath. "Tomake faith" Is to swear, with the FAIRLY. Justly; rightly; equitably. FAIT. L. Fr. Anything done. A deed;

right hand uplifted, that one will declare the truth. 1 Forb. Inst p t 4, p. 235.

FAITHFULLY. As used In bonds of pub lic andprivate officers, this term imports not only honesty, but also a punctilious discharge of all the duties of the office, requiring com petence, diligence, and attention, without any malfeasance or nonfeasance, aside from mere mistakes. State v. Chadwick, 10 Or. 468; Hoboken v. Evans, 31 N. J. Law, 343; Har ris v. Hanson, 11 Me.245; American Bank v. Adams, 12 Pick. (Mass.) 306; Union Bank v. Clossey, 10 Johns. (N. Y.) 273; Perry v. Thompson, 16 N. J. Law, 73. FAKIR. A street peddler who disposes of worthless wares, or of any goods above their value, by means of any false representa tion, trick, device, lottery, or game of chance. Mills' Ann. S t Colo. § 1400. et or close coat Blount FALCARE. In old' English law. To mow. Falcare grata, to mow or cutgrass in mead ows laid in for hay. A customary service to the lord by his inferior tenants. Jus falcandi, the right of cutting wood. Bract, fol. 231. Falcata, grass fresh mown, and laid in swaths. Falcatio, a mowing. Bract fols. 35&, 230. Falcator, a mower; a servile tenant who performed thelabor of mowing. Falcatura, a day's mowing. In Spanish law. The Fal cidian portion; the portion of an inheritance which could not be legally bequeathed away from the heir, viz., one-fourth. In Roman law. A law on the subject of testamentary disposi tion, enacted by the people in the year of Rome 714, on the proposition of the tribune Falcidius. By this law, the testator's right to burden his estate with legacies was sub jected to an important restriction. It pre scribed that no one could bequeath more than three-fourths of his property in legacies, and that theheir should have at least one-fourth of the estate, and that should the testator violate this prescript the heir may have the right to make a proportional deduction from each legatee, so far as necessary. Mackeld. Rom. Law, §771; Inst 2,22. That portion of a testator's estate which, by the Falcidian law, was required to be left to the heir, amounting to at least one-fourth. FAXD, or FAXDA. A sheep-fold. Cow elL FAITOURS. Idle persons; idle livers; vagabonds. Cowell; Blount FALANG. In old English law. A jack FAI.CIDIA. FAXCIDIAN LAW. FAXCIDIAN PORTION.