KFLCC Kingdom Law 2nd Ed.

510

FOREIGN

FORDIKA

FOREHAND RENT. In English law. Rent payable in advance; or, more properly, a species of premium or bonus paid by the tenant on the making of the lease, and par ticularly on the renewal of leases by ecclesi astical corporations. Belonging to another nation or country; belonging or attached to another jurisdiction; made, done, or rendered in an other state or jurisdiction; subject to anoth er jurisdiction; operating or solvable in an other territory; extrinsic; outside; extraor dinary. —Foreign answer. In old English practice. An answer which was not triable in the county where it was made. (St 15 Hen. VI. c. 5.) Blount.— Foreign apposer. An officer in the exchequer who examines the sheriff's estreats, comparing them with the records, and apposeth (interrogates) the sheriff what he says to each particular sum therein. 4 Inst 107; Blount; Cowell.— Foreign bought and sold. A cus tom in London which, being found prejudicial to sellers of cattle in Smithfield, was abolished. Wharton.— Foreign coins. Coins issued as money under the authority of a foreign govern ment. As to their valuation in the United States, see Rev. St U. S. §§ 3564, 3565 (U. S. Comp. St 1901, pp. 2375, 2376).— Foreign courts. The courts of a foreign state or na tion. In the United States, this term is fre quently applied to the courts of one of the states when their judgments or records are in troduced in the courts of another.— Foreign Dominion. In English law this means a country which at one time formed part of the dominions of a foreign state or potentate, but which by conquest or cession has become a part of the dominions of the British crown. 5 Best & S. 290.— Foreign enlistment act. The statute 59 Geo. III. c. 69, prohibiting the en listment, as a soldier or sailor, in any foreign service. 4 Steph. Oomm. 226. A later and more stringent act is that of 33 & 34 Vict c. 90.— Foreign exchange. Drafts drawn on a foreign state or country.— Foreign-going ship. By the English merchant shipping act 1854, (17 & 18 Vict. c. 104,) § 2, any ship em ployed in trading, going between some place or places in the United Kingdom and some place or places situate" beyond the following limits, that is to say: The coasts of the United King dom, the islands of Guernsey, Jersey, Sark, Alderney, and Man, and the continent of Eu rope, between the river Elbe and Brest, inclu sive. Home-trade ship includes every ship em ployed in trading and going between places within the last-mentioned limits.— Foreign matter. In old practice. Matter triable or done in another county. Cowell.— Foreign office. The department of state through which the English sovereign communicates with for eign powers. A secretary of state is at its head. Till the middle of the last century, the func tions of a secretary of state as to foreign and home questions were not disunited.— Foreign service, in feudal law, was that whereby a mesne lord held of another, without the com pass of his own fee, or that which the tenant performed either to his own lord or to the lord paramount out of the fee. (Kitch. 299) For eign service seems also to be used for knight's service, or escuage uncertain. (Perk. 650.) Ja cob. As to foreign "Administrator," "Assign ment," "Attachment," "Bill of Exchange," "Charity," "Commerce," "Corporation," "County," "Creditor," "Divorce," "Docu ment" "Domicile," "Factor," "Judgment" FOREIGN.

FORDIKA. In old records. Grass or herbage growing on the edge or bank of dykes or ditches. Cowell.

FORE.

Sax. Before.

Fr.

Out

Kel

ham.

FORECLOSE. To shut out; to bar. Used of the process of destroying an equity of redemption existing in a mortgagor. A process in chancery by which all further right existing in a mort gagor to redeem the estate is defeated and lost to him, and the estate becomes the abso lute property of the mortgagee; being appli cable when the mortgagor has forfeited his estate by non-payment of the money due on the mortgage at the time appointed, but still retains the equity of redemption. 2 Washb. Real Prop. 237. Goodman v. White, 26 Conn. 322; Arrington v. Liscom, 34 Cal. 376, 94 Am. Dec. 722; Appeal of Ansonia Nat. Bank, 58 Conn. 257, 18 Atl. 1030; Williams v. Wil son, 42 Or. 299, 70 Pac. 1031, 95 Am. St. Rep. 745. The term is also loosely applied to any of the various methods, statutory or otherwise, known in different jurisdictions, of enforcing payment of the debt secured by a mortgage, by taking and selling the mortgaged estate. Foreclosure is also applied to proceedings founded upon some other liens; thus there are proceedings to foreclose a mechanic's lien. —Foreclosure decree. Properly speaking, a decree ordering the strict foreclosure (see infra) of a mortgage; but the term is also loosely and conventionally applied to a decree ordering the sale of the mortgaged premises and the sat isfaction of the mortgage out of the proceeds. Hanover F. Ins. Co. v. Brown, 77 Md. 64, 25 Atl. 989, 39 Am. St Rep. 386.— Foreclosure sale. A sale of mortgaged property to obtain satisfaction of the mortgage out of the pro ceeds, whether authorized by a decree of the court or by a power of sale contained in the mortgage. See Johnson v. Cook, 96 Mo. App. 442, 70 S. W. 526.— Statutory foreclosure. The term is sometimes applied to foreclosure by execution of a power of sale contained in the mortgage, without recourse to the courts, as it must conform to the provisions of the statute regulating such sales. See Mowry v. Sanborn, 11 Hun CN. Y.) 548.— Strict foreclosure. A decree of strict foreclosure of a mortgage finds the amount due under the mortgage, orders its payment within a certain limited time, and pro vides that, in default of such payment the debtor's right and equity of redemption shall be forever barred and foreclosed; its effect is to vest the title of the property absolutely in the mortgagee, on default in payment, without any sale of the property. Champion v. Hinkle, 45 N. J. Eq. 162, 16 Atl. 701; Lightcap v. Bradley, 186 111. 510, 58 N. E. 221; Warner Bros. Co. v. Freud, 138 Cal. 651, 72 Pac. 345. FORECLOSURE.

FOREFAULT.

In Scotch law. To for

feit; to lose.

FOREGIFT.

A premium for a lease.

FOREGOERS.

Royal

purveyors.

26

Edw. ILL c. 5.