KFLCC Kingdom Law 2nd Ed.

494

FICTION

FEUDUM

er subsidies to which the pleieia feuda (vulgar feuds) were subject. Spelman.— Feudum nau bertioum. A fee held on the military service of appearing fully armed at the ban and arriere Ian. Spelman.— Feudum improprium. An improper or derivative feud or fief. 2^ Bl. Comm. 58.— Feudum individuum. An indi visible or impartible feud or fief; descendible to the eldest son alone. 2 Bl. Comm. 215.— Feudum ligium. A liege feud or fief; a fief held immediately of the sovereign; one for which the vassal owed fealty to his lord against all persons. 1 Bl. Comm. 367; Spelman.— Feudum materaum. A maternal fief; a fief descended to the feudatory from his mother. 2 Bl. Comm. 212.— Feudum mobile. A fee for which the tenant did guard and owed fealty and homage. Spelman.— Feudum novum. A new feud or fief; a fief which began in the person of the feudatory, and did not come to him by succession. Spelman; 2 Bl. Comm. 212; Priest v. Cummings, 20 Wend. (N. Y.) 349.— Feudum novum ut antiquum. A new fee held with the qualities and incidents of an ancient one. 2 Bl. Comm. 212.— Feudum paternum. A fee which the paternal ancestors had held for four generations. Calvin. One descendible to heirs on the paternal side only. 2 Bl. Comm. 223. One which might be held by males only. Du Cange.— Feudum propxium. A proper, genu ine, and original feud or fief; being of a purely military character, and held by military service. 2 Bl. Comm. 57, 58.— Feudum talliatum. A restricted fee. One limited to descend to cer tain classes of heirs. 2 Bl. Comm. 112, note; 1 Washb. Real Prop. 66. a small or limited number. In cases where exact description is required, the use of this word will not answer. Butts v. Stowe, 53 Vt. 603; Allen v. Kirwan, 159 Pa. 612, 28 Atl. 495; Wheelock v. Noonan, 108 N. Y. 179, 15 N. E. 67, 2 Am. St. Rep. 405. FF. A Latin abbreviation for "Frag menta," designating the Digest or Pandects in the Corpus Juris Civilis of Justinian; so called because that work is made up of frag ments or extracts from the writings of nu merous jurists. Mackeld. Rom. Law, § 74. FEW. An * indefinite expression for

ly by the respective sheriffs, In the month of February, with the assistance of juries. These regulate the prices of grain stipulated to be sold at the fiar prices, or when no price has been stipulated. Ersk. 1, 4, 6. (Lat "Let It.be done.") In Eng lish practice. A short order or warrant of a judge or magistrate directing some act to be done; an authority issuing from some competent source for the doing of some legal act. One of the proceedings in the English bankrupt practice, being a power, signed by the lord chancellor, addressed to the court of bankruptcy, authorizing the petitioning cred itor to prosecute his complaint before it. 2 Steph. Comm. 199. By the statute 12 & 13 Vict. c. 116> flats were abolished. — Fiat justitia. Let justice be done. On a petition to the king for his warrant to bring a writ of error in parliament, he writes on the top of the petition, "Fiat justitia," and then the writ of error is made out, etc Jacob.— Fiat ut petitur. Let it be done as it is asked. A form of granting a petition.— Joint fiat. In English law. A fiat in bankruptcy, issued against two or more trading partners. Fiat justitia, mat coelum. Let right be done, though the heavens should fall. Fiat prout fieri consuevit, (nil temere novandum.) Let it be done as it hath used to be done, (nothing must be rashly innovat ed.) Jenk. Cent 116, case 39 ; Branch, Princ. FICTIO. In Roman law. A fiction; an assumption or supposition of the law. "Fictio" in the old Roman law was properly a term of pleading, and signified a false aver ment on the part of the plaintiff which the de fendant was not allowed to traverse; as that the plaintiff was a Roman citizen, when in truth he was a foreigner. The object of the fiction was to give the court jurisdiction. Maine, Anc. Law, 25. Fictio cedit veritati. Fietio juris son est ubi Veritas. Fiction yields to truth. Where there is truth, fiction of law exists not Fictio est contra veritatem, sed pro veritate habetur. Fiction is against the truth, but it is to be esteemed truth. truth is, fiction of law does not exist Fictio legis inique operator alicui dam num vel injuriam. A legal fiction does not properly work loss or injury. 3 Coke, 36; Broom, Max. 129. Fictio legis neminem lsedit. A fiction of law injures no one. 2 Rolle, 502; 3 Bl. Comm. 43; Low v. Little, 17 Johns. (N. Y.) 348. FICTION. An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists FIAT. Fictio juris non est ubi Veritas. Where

FI. FA.

An abbreviation for fieri

facias,

(which see.)

FIANCER.

L. Fr. To pledge one's faith.

Kelham.

FIANZA. Sp. In Spanish law, trust, con fidence, and correlatively a legal duty or ob ligation arising therefrom. The term is suffi ciently broad in meaning to include both a general obligation and a restricted liability under a single instrument Martinez v. Run kle, 57 N. J. Law, 111, 30 Atl. 593. But in a special sense, it designates a surety or guarantor, or the contract or engagement of suretyship.

FIAR.

In Scotch law. He that has the The proprietor is termed "fiar,"

fee or feu.

in contradistinction to the life-renter. 1 Karnes, Eq. Pref. One whose property is charged with a life-rent. FIARS PRICES. The value of grain in the different counties of Scotland, fixed year