KFLCC Kingdom Law 2nd Ed.

501

FIRST

FIRE

Firmior et potentior est operatio le gis quam dispositio hominis. The opera tion of the law is firmer and more powerful [or efficacious] than the disposition of man. Co. Litt 102a. FERMITAS. In old English law. < An as surance of some privilege, by deed or char ter. FIRMLY. A statement that an affiant "firmly believes" the contents of the affida vit imports a strong or high degree of be lief, and is equivalent to saying that he "verily" believes it. Bradley v. Eccles, 1 Browne (Pa.) 258; Thompson v. White, 4 Serg. & R, (Pa.) 137. The operative words in a bond or recognizance, that the obligor is held and "firmly bound," are equivalent to an acknowledgment of indebtedness and promise to pay. Shattuck v. People, 5 I1L 477. FIRMURA. In old English law. Liber ty to scour and repair a mill-dam, and carry away the soil, etc. Blount. FIRST. Initial; leading; chief; preced ing all others of the same kind or class in sequence, (numerical or chronological;) en titled to priority or preference above others. Redman v. Railroad Co., 33 N. J. Eq. 165; Thompson v. Grand Gulf R. & B. Co., 3 How. (Miss.) 247, 34 Am. Dec. 81; Hapgood v. Brown, 102 Mass. 452. —First devisee. The person to whom the es tate is first given by the will, the term "next devisee" referring to the person to whom the renfainder is given. Young v. Robinson, 5 N. J. Law, 689; Wilcox v. Heywood, 12 R, I. 198. —First fruits. In English ecclesiastical law. The first year's whole profits of every benefice or spiritual living, anciently paid by the incum bent to the pope, but afterwards transferred to the fund called "Queen Anne's Bounty," for in creasing the revenue from poor livings. In feudal law. One year's profits of land which belonged to the king on the death of a tenant in capite; otherwise called "primer seisin." One of the incidents to the old feudal tenures. 2 Bl. Comm. 66, -67.—First heir. The person who will be first entitled to succeed to the title to an estate after the termination of a life es tate or estate for years. Winter v. Perratt, 5 Barn. & C. 48.—First impression. A case is said to be "of the first impression" when it pre sents an entirely novel question of law for the decision of the court, and cannot be governed by any existing precedent.—First purchaser. In the law of descent, this term signifies the an cestor who first acquired (in any other manner than by inheritance) the estate which still re mains in his family or descendants. Blair v. Adams (C. C.) 59 Fed. 247.—First of ex change. Where a set of bills of exchange is drawn in duplicate or triplicate, for greater safety in their transmission, all being of the same tenor, and the intention being that the ac ceptance and payment of any one of them (the first to arrive safely) shall cancel the others of the set, they are called individually the "first of exchange," "second of exchange," etc. See Bank of Pittsburgh v. Neal, 22 How. 96, 110, 16 L. Ed. 323. As to first "Cousin," "Distress," "Lien," and "Mortgage," see those titles.

in a house. 1 Washb. Real Prop. 99.—Fire district. One of the districts into which a city may be (and commonly is) divided for the purpose of more efficient service by the fire de partment in the extinction of fires. Des Moines v. Gilchrist, 67 Iowa, 210, 25 N. W. 136.—Fire insurance. See INSURANCE.—Fire ordeal. See ORDEAL.—Fire policy. A policy of fire insurance. See INSURANCE.—Fire-proof. To say of any article that it is "fire-proof" con veys no other idea than that the material out of which it is formed is incombustible. To say of a building that it is fire-proof excludes the idea that it is of wood, and necessarily implies that it is of some substance fitted for the erec tion of fire-proof buildings. To say of a cer tain portion of a building that it is fire-proof suggests a comparison between that portion and other parts of the building not so characterized, and warrants the conclusion that it is of a dif ferent material. Hickey v. Morrell, 102 N. Y. 459, 7 N. E. 321, 55 Am. Rep. 824.—Fire wood. Wood suitable for fuel, not including standing or felled timber which is suitable and valuable for other purposes. Hogan v. Hogan, 102 Mich. 641, 61 N. W. 73. FIRIiOT. A Scotch measure of capacity, containing two gallons and a pint. Spelman. FIRM. A partnership; the group of per sons constituting a partnership. The name or title under which the members of a part nership transact business.—People v. Strauss, 97 111. App. 55; Boyd v. Thompson, 153 Pa. 82, 25 Atl. 769, 34 Am. St. Rep. 685; Me Cosker v. Banks, 84 Md. 292, 35 Atl. 935. FIRMA. In old English law. The con tract of lease or letting; also the rent (or farm) reserved upon a lease of lands, which was frequently payable in provisions, but sometimes in money, in which latter case it was called "alba firma," white rent A mes suage, with the house and garden belonging thereto. Also provision for the table; a ban quet; a tribute towards the entertainment of the king for one night. —Firma feodi. In old English law. A farm or lease of a fee; a fee-farm. FIRMAN. A Turkish word denoting a decree or grant of privileges, or passport to a traveler. FIRMARIUM. In old records. A place In monasteries, and elsewhere, where the poor were received and*supplied with food. Spelman. Hence the word "infirmary." FIRMARIUS. L. Lat. A fermor. comprehend all such as hold by lease for life or lives or for year, by deed or without deed. 2 Inst 144, 145; 1 Washb. Real Prop. 107. A lessee of a term. Firmarii FIRMARATIO. The right of a tenant to his lands and tenements. Cowell.

FIRMATIO.

The doe season. Also a

supplying with food. Cowell.

FTRME.

In old records. A farm.