KFLCC Kingdom Law 2nd Ed.

497

FILIATION

FIERI

The amount was one hundred and

because four were Instituted within every Inferior district or hundred. 3 Bl. Comm. 34.

pugnce."

twenty shillings. Cowell. FIX ACER. An officer of the superior courts at Westminster, whose duty it was to file the writs on which he made process. There were fourteen filacers, and it was their duty to make out all original process. Cow ell; Blount. The office was abolished in 1837. FII

FIERI.

Lat To be made; to be done.

See IN FIEEI.

FIERI FACIAS. (That you cause to be made.) In practice. A writ of execution commanding the sheriff to levy and make the amount of a judgment from the goods and chattels of the judgment debtor. —Fieri facias de bonis ecclesiasticis. When a sheriff to a common fi. fa. returns nulla bona, and that the defendant >is a beneficed clerk, not having any lay fee, a plaintiff may issue a fi. fa. de bonis ecclesiasticis, addressed to the bishop of the diocese or to the archbishop, (during the vacancy of the bishop's see,) com manding him to make of the ecclesiastical goods and chattels belonging to the defendant within his diocese the sum therein mentioned. 2 Chit. Archb. Pr. (12th Ed.) 1062.— Fieri facias de bonis testatoris. The writ issued on an or dinary judgment against an executor when sued for a debt due by his testator. If the sheriff returns to this writ nulla bona, and a devas tavit, (q. v.,) the plaintiff may sue out a fieri facias de bonis propriis, under which the goods of the executor himself are seized. Sweet. (I have caused to be made.) In practice. The name given to the return made by a sheriff or other officer to a writ of fieri facias, where he has collected the whole, or a part, of the sum directed to be levied. 2 Tidd, Pr. 1018. The return, as actually made, is expressed by the word "Satisfied" indorsed on the writ. Fieri non debet, (deb-nit,) sed factum valet. It ought not to be done, but [if] done, it is valid. Shep. Touch. 6; 5 Coke, 39; T. Raym. 58; 1 Strange, 526. A maxim frequently applied in practice. Nichols v. Ketcham, 19 Johns. (N. Y.) 84, 92. This was originally a tax or tribute, levied at in tervals by act of parliament, consisting of one-fifteenth of all the movable property of the subject or personalty in every city, town ship, and borough. Under Edward III., the taxable property was assessed, and the value of its fifteenth part (then about £29,000) was recorded in the exchequer, whence the tax, levied on that valuation, continued to be called a "fifteenth," although, as the wealth of the kingdom increased, the name ceased to be an accurate designation of the propor tion of the tax to the value taxed. See 1 Bl. Comm. 309. An encounter, with blows or other personal violence, between two persons. See State v. Gladden, 73 N. C. 155; Carpen ter v. People, 31 Colo. 284, 72 Pac. 1072; Coles v. New York Casualty Co., 87 App. Div. 41, 83 N. Y. Supp. 1063. Sax. A mulct or fine for making a quarrel to the disturbance of the peace. Called also by Cowell "forisfactura BL.LAW DICT.(2D ED.)—32 FIERI FECI. FIFTEENTHS. In English law. FIGHT. FIGHTWITE.