KFLCC Kingdom Law 2nd Ed.

498

FINANCES

FILICETUM

road. An imaginary line drawn through the middle of a road, and constituting the boundary between the owners of the land on each side. 2 Smith, Lead. Cas. (Am. Ed.) 98, note. FIN. Fr. An end, or limit; a limitation, or period of limitation. FIN DE NON RECEVOIR. In French law. An exception or plea founded on law, which, without entering into the merits of the action, shows that the plaintiff has no right to bring it, either because the time dur ing which it ought to have been brought has elapsed, which is called "prescription," or that there has been a compromise, accord and satisfaction, or any other cause which has destroyed the right of action which once sub sisted. Poth. Proc. Civile, pt 1, c 2, 5 2, art. 2. Definitive; terminating; com pleted ; last. In its use in jurisprudence, this word is generally contrasted with "interlocu tory." Johnson v. New York, 48 Hun, 620, 1 N. Y. Supp. 254; Garrison v. Dougherty, 18 S. C. 488; Rondeau v. Beaumette, 4 Minn. 224 (Gil. 163); Blanding v. Sayles, 23 R. L 226, 49 Atl. 992. —Final decision. One from which no appeal or writ of error can be taken. Railway Co. T. Gillespie, 158 Ind. 454, 63 N. E. 845; Bland ing v. Sayles, 23 R. I. 226, 49 Atl. 992.—Final disposition. When it is said to be essential to the validity of an award that it should make a "final disposition" of the matters embraced in the submission, this term means such a dis position that nothing further remains to fix the rights and obligations of the parties, and no further controversy or litigation is required or can arise on the matter. It is such an award that the party against whom it is made can perform or pay it without any further ascer tainment of rights or duties. Colcord v. Fletch er, 50 Me. 401.—Final hearing. This term designates the trial of an equity case upon the merits, as distinguished from the hearing of any preliminary questions arising in the cause, which are termed "interlocutory. Smith v. W. U. Tel. Co. (C. C.) 81 Fed. 243; Akerly v. Vilas, 24 Wis. 171, 1 Am. Rep. 166; Galpin T. Critchlow, 112 Mass. 343, 17 Am. Rep. 176.— Final passage. In parliamentary law. The final passage of a bill is the vote on its passage in either house of the legislature, after_ it has received the prescribed number of readings on as many different days in that house. State v. Buckley, 54 Ala. 613. As to final "Costs," "Decree," "Judgment," "Injunction," "Order," "Process," "Recov ery," "Sentence," and "Settlement," see those titles. FINALTS CONCORDIA. A final or con clusive agreement. In the process of "levying a fine," this was a final agreement entered by the litigating parties upon the record, by permission of court, settling the title to the land, and which was binding upon them like any judgment of the court. 1 Washb. Real Prop. *70. FINAL.

FILICETUM. In old English law. A ferny or bracky ground; a place where fern grows. Co. Litt. 46; Shep. Touch. 95.

FILIOLT7S. In old records. Spelman.

A godson.

FILIUS. Lat. A son; a child. A distinction was sometimes made, in the civil law, between "filii" and "liberif' the lat ter word including grandchildren, {nepotes,) the former not. Inst. 1, 14, 5. But, according to Paulus and Julianus, they were of equally ex tensive import. Dig. 50, 16, 84; Id. 50, 16, 201. —Filius f amilias. In the civil law. The son of a family; an unemancipated son. Inst. 2, 12, pr.; Id. 4, 5, 2; Story, Confl. Laws, § 61. —Filins mulieratug. In old English law. The eldest legitimate son of a woman, who pre viously had an illegitimate son by his father. Glanv. lib. 7, <*. 1. Otherwise called "mAilier.* 1 2 Bl. Comm. 248.—Filing nulling. The son of nobody; i. e., a bastard.—Filing popnli. A son of the people; a natural child. Filing egt nomea naturae, ged hseres nomen juris. 1 Sid. 193. Son is a name of nature, but heir is a name of law. Filing in ntero matris egt pars visce rnm matrig. 7 Coke, 8. A son in the mother's womb is part of the mother's vitals. FILL. To make full; to complete; to sat isfy or fulfill; to possess and perform the duties of. The election of a person to an office consti tutes the essence of his appointment; but the office cannot be considered as actually filled un til his acceptance, either express or implied. Johnston v. Wilson, 2 N. H. 202, 9 Am. Dec. 50. Where one subscribes for shares in a corpo ration, agreeing to "take and fill" a certain number of shares, assumpsit will lie against him to recover an assessment on his shares; the word "fill," in this connection, amounting to a promise to pay assessments. Bangor Bridge Co. v. McMahon, 10 Me. 47& To fiU a prescription is to furnish, prepare, and combine the requisite materials in due pro portion as prescribed. Ray v. Burbank, 61 Ga. 505, 34 Am. Rep. 103. FILLY. A young mare; a female colt. An indictment charging the theft of a "filly" is not sustained by proof of the larceny of a "mare." Lunsford v. State, 1 Tex. App. 448, 28 Am. Rep. 414. FILUM. Lat. In old practice. A file; 4. e., a thread or wire on which papers were strung, that being the ancient method of filing. An imaginary thread or line passing through the middle of a stream or road, as in the following phrases: —Filum aquae. A thread of water; a line of water; the middle line of a stream/of water, supposed to divide it into two equal parts, and constituting in many cases the boundary be tween the riparian proprietors on each side. Ingraham v. Wilkinson, 4 Pick. (Mass.) 273, 16 Am. Dec. 342.—Filum forestse. The border of the forest. 2 Bl. Comm. 419; 4 Inst. 303. —Filum vise. The thread or middle line of a

FINANCES. The public wealth of a state or government, considered either statically