KFLCC Kingdom Law 2nd Ed.

514

FORISFAMILIARE

FORMATA

FORISFAMILIATE. In old English and Scotch law. Literally, to put out of a family, (forts familiam ponere.) To portion off a son, so that he could have no further claim upon his father. Glanv. lib. 7, c. 3. To emancipate, or free from paternal au thority. FORISFAMILIATED. In old English law. Portioned off. A son was said to be forisfamiliated (forisfamiliarfy if his father assigned him part of his land, and gave him seisin thereof, and did this at the request or with the free consent of the son himself, who expressed himself satisfied with such portion. 1 Reeve, Eng. Law, 42, 110. In old English law. Put out of a family; portioned off; emancipated; forisfamiliated. Bract, fol. 64. In old English law. Forejudger. A forejudgment. A judg ment of court whereby a man is put out of possession of a thing. Co. Litt. 100&. Forejudged; sent from court; banished. Deprived of a thing by judgment of court. Bract, fol. 2506/ Co. Litt 1006; Du Cange. jure; to abandon. —Forisjurare parentilam. To remove one self from parental authority. The person who did this lost his rights as heir. Du Cange.— Provinciam forisjurare. To forswear the country. Spelman. FORJURER. L. Fr. In old English law. to forswear; to abjure. —Forjurer royalme. To abjure the realm. Britt. cc. 1, 16. FORIiER-LAND. Land in the diocese of Hereford, which had a peculiar custom attached to it, but which has been long since disused, although the name is retained. But. Surv. 56. FORM. 1. A model or skeleton of an in strument to be used in a judicial proceeding, containing the principal necessary matters, the proper technical terms or phrases, and whatever else is necessary to make it for mally correct, arranged in proper and meth odical order, and capable of being adapted to the circumstances of the specific case. 2. As distinguished from "substance," "form" means the legal or technical manner or order to be observed in legal instruments or juridical proceedings, or in the construc tion of legal documents or processes. The distinction between "form" and "sub stance" is often important in reference to the validity or amendment of pleadings. If the matter of the plea is bad or insufficient, irre spective of the manner of setting it forth, the FORISFAMTLIATUS. FORISJUDICATIO. FORISJTJDICATUS. FORISJURARE. To forswear; to ab FORJUDGE. See FOREJUDGE.

defect is one of substance. If the matter of the plea is good and sufficient, but is inartificially or defectively pleaded, the defect is one of form. Pierson v. Insurance Co., 7 Houst. (Del.) 307, 31 Atl. 966. —Common form, Solemn form. See PRO BATE.—Form of the statute. The words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) "against the form of the statute in that case made and provided."—Forms of action. The general designation of the various species or kinds of personal actions known to the common law, such as trover, trespass, debt, assumpsit, etc. These differ in their pleadings and evi dence, as well as in the circumstances to which they are respectively applicable. Truax v. Par vis, 7 Houst. (Del.) 330, 32 Atl. 227.—Matter of form. In pleadings, indictments, convey ances, etc., matter of form (as distinguished from matter of substance) is all that relates to the mode, form, or style of expressing the facts involved, the choice or arrangement of words, and other such particulars, without affecting the substantial validity or sufficiency of the in strument, or without going to the merits. Rail way Co. v. Kurtz, 10 Ind. App. 60, 37 N. E. 303; Meath v. Mississippi Levee Com'rs, 109 U. S. 268v 3 Sup. Ct. 284, 27 L. Ed. 930; State v. Amidon, 58 Vt 524, 2 Atl. 154.

FORMA.

Lat

Form; the prescribed

form of judicial proceedings. —Forma et figura jndicii. The form and shape of judgment or judicial aotion. 3 Bl. Comm. 271.—Forma pauperis. See IN FOB MA PAUPERIS.

Forma dat esse.

Form gives being.

Called "the old physical maxim."

Lord

Henley, Ch., 2 Eden, 99.

Forma legalis forma essentialis. Legal form is essential form. 10 Coke, 100.

Forma non observata, infertur adnul latio actus. Where form is not observed, a nullity of the act is inferred. 12 Coke, 7. Where the law prescribes a form, the non observance of it is fatal to the proceeding, and the whole becomes a nullity. Best, Ev. Introd. § 59. FORMAL. Relating to matters of form; as, "formal defects;" inserted, added, or joined pro forma. See PARTIES. In England, robes worn by the magistrates of a city or corpo ration, etc., on solemn occasions. Enc. Lond. The conditions, in re gard to method, order, arrangement, use of technical expressions, performance of spe cific acts, etc., which are required by the law in the making of contracts or conveyances, or in the taking of legal proceedings, to in sure their validity and regularity. Succes sion of Seymour, 48 La. Ann. 993, 20 South. 217. FORMALITIES. FORMALITY.

FORMATA.

In canon law. Canonical

letters.

Spelman.