KFLCC Kingdom Law 2nd Ed.

513

FORFEITURE

FORISFACTUS

forgers of stock certificates, and for extending to Scotland certain provisions of the forgery act of 1861. Jtfozley & Whitley. FORHERDA. In old records. A herd land, headland, or foreland. Cowell. FORI DISPTTTATIONES. In the civW law. Discussions or arguments before a court 1 Kent Comm. 530. FORINSECTJS. Lat Foreign; exte rior; outside; extraordinary. Servitium fo rinsecum, the payment of aid, scutage, and other extraordinary military services. Fo rinsecum maneriwm, the manor, or that part of it which lies putside the bars or town, and is not included within the liberties of it Cowell; Blount; Jacob; 1 Reeve, Eng. Law, 273. FORINSIC. In old English law. Ex terior; foreign; extraordinary. In feudal law, the term "forinsic services" compre hended the payment of extraordinary aids or the rendition of extraordinary military services, and in this sense was opposed to "intrinsic services." 1 Reeve, Eng. Law, 273. FORIS. Lat. Abroad; out of doors; on the outside of a place; without; extrinsic. FORISBANITUS. In old English law. Banished. FORISFACERE. Lat To forfeit; to lose an estate or other property on account of some criminal or illegal act To confis cate. To act beyond the law, i. e., to transgress or infringe the law; to commit an offense or wrong; to do any act against or beyond the law. See Co. Litt. 59a; Du Cange; Spel man. Forisfacere, i. e., extra legem sen con* snetndinem facere. Co. Litt. 59. Foris facere, i. e., to do something beyond law or custom. Bona fo risfacta, forfeited goods. 1 Bl. Comm. 299. A crime. Du Cange; Spelman. FORISFACTURA. A crime or offense through which property is forfeited. A fine or punishment in money. Forfeiture. The loss of property or life in consequence of crime. —Forisfactnra plena. A forfeiture of all a man's property. Things which were forfeited. Du Cange. Spelman. FORISFACTUS. A criminal. One who has forfeited his life by commission of a capital offense. Spelman. —Forisf actus servns. A slave who has been a free man, but has forfeited his freedom by crime. Du Cange. FORISFACTTTM. Forfeited.

times when its importation was prohibited, to be proclaimed each term in the exchequer.— Forfeitures abolition act. Another name for the felony act of 1870, abolishing forfeitures for felony in England. FORGABULUM, or FORGAVEL. A quit-rent; a small reserved rent in money. Jacob. FORGE. To fabricate, construct, or pre pare one thing in imitation of another thing, with the intention of substituting the false for the genuine, or otherwise deceiving and defrauding by the use of the spurious article. To counterfeit or make falsely. Especially, to make a spurious written instrument with the intention Of fraudulently substituting it for another, or of passing it off as genuine; or to fraudulently alter a genuine instrument to another's prejudice; or to sign another person's name to a document, with a deceit ful and fraudulent intent See In re Cross (D. C.) 43 Fed. 520; U. S. v. Watkins, 28 Fed. Cas. 445; Johnson v. State, 9 Tex. App. 251; Longwell v. Day, 1 Mich. N. P. 290; People v. Compton, 123 Cal. 403, 56 Pac. 44; People v. Graham, 1 Sheld. (N. Y.) 155; Rohr v. State, 60 N. J. Law, 576, 38 Atl. 673; Haynes v. State, 15 Ohio St 455; Garner v. State, 5 Lea, 213; State v. Greenwood, 76 Minn. 211, 78 N. W. 1042, 77 Am. St. Rep. 632; State •. Young, 46 N. H. 266, 88 Am. Dec. 212. To forge (a metaphorical expression, borrow ed from the occupation of the smith) means, properly speaking, no more than to make or form, but in our law it is always taken in an evil sense. 2 Bast, P. C. p. 852, c. 19, § 1. To forge is to make in the likeness of some thing else; to counterfeit is to make in imita tion of something else, with a view to defraud by passing the false copy for genuine or original. Both words, "forged" and "counterfeited," con vey the idea of similitude. State v. McKenzie, 42 Me. 392. In common usage, however, forgery is almost always predicated of some private instrument or writing, as a deed, note, will, or a signature; and counterfeiting denotes the fraudulent imi tation of coined or paper money or some sub stitute therefor. FORGERY. In criminal law. The falsely making or materially altering, with intent to defraud, any writing which, if genuine, might apparently be of legal efficacy or the foundation of a legal liability. 2 Bish. Crim. Law, § 523. See FORGE. The thing itself, so falsely made, imitated, or forged; especially a forged writing. A forged signature is frequently said to be "a forgery." In the law of evidence. The fabrication or counterfeiting of evidence. The artful and fraudulent manipulation of physical ob jects, or the deceitful arrangement of genu ine facts or things, in such a manner as to create an erroneous impression or a false in ference in the minds of those who may ob serve them.' See Burrill, Circ. Ev. 131, 420. —Forgery act, 1870. The statute 33 & 34 Vict c. 58, was passed for the punishment of BL.LAW DICT.(2D ED.)—S3