KFLCC Kingdom Law 2nd Ed.

FORPRISE

515

FORMATA BREVIA

FORMATA BREVIA.

Formed writs;

ient, a mode of procedure called "per •for mulas^ (i. e., by means of formulce,) was gradually introduced, and eventually the le gis actiones were abolished by the Lex fflou* Ha, B. C. 164, excepting in a very few excep tional matters. The formula} were four in number, namely: (1) The Demonstratio, wherein the plaintiff stated, i. e., showed, the facts out of which his claim arose; (2) the Intentio, where he made his claim against the defendant; (3) the Adjudicatio, wherein the judex was directed to assign or adjudi cate the property or any portion or portions thereof according to the rights of the par ties ; and (4) the Condemnatio, in which the judex was authorized and directed to con demn or to acquit according as the facts were or were not proved. These formula; were obtained from the magistrate, (in jure,) and were thereafter proceeded with before the judex, (in judicio.) Brown. See Mack eld. Rom. Law, § 204. Collections of for mulae, or forms of forensic proceedings and instruments used among the Franks, and other early continental nations of Europe. Among these the formulary of Marculphus may be mentioned as of considerable inter est. Butl. Co. Litt. note 77, lib. 3. FORNAGIUM. The fee taken by a lord of his tenant, who was bound to bake in the lord's common oven, (in furno domini,) or for a commission to use his own. FORNICATION. Unlawful sexual in tercourse between two unmarried persons. Further, if one of the persons be married and the other not, it is fornication on the part of the latter, though adultery for the former. In some jurisdictions, however, by statute, It is adultery on the part of both persons if the woman is married, whether the man is married or not. Banks v. State, 96. Ala. 78, 11 South. 404; Hood v. State, 56 Ind. 263, 26 Am. Rep. 2 1 ; Com. v. Lafferty, 6 Grat. (Va.) 673; People v. Rouse, 2 Mich. N. P. 209; State v. Shear, 51 Wis. 460, 8 N. W. 287; Buchanan v. State, 55 Ala. 154. FORNIX. Lat A brothjel; fornication. FORNO. In Spanish law. An oven. Las Partidas, pt. 3, tit. 32, 1. 18. FORO. In Spanish law. The place where tribunals hear and determine causes,— exer cendarum litium locus. FOROS. In Spanish law. Emphyteutic rents. Schm. Civil Law, 309. FORPRISE. An exception; reservation; excepted; reserved. Anciently, a term of frequent use in leases and conveyances. Cowell; Blount. In another sense, the word is taken for any exaction. FORMULARIES.

writs of form. See BBEVIA FOBMATA. FORMED ACTION. An action for which a set form of words is prescribed, which must be strictly adhered to. 10 Mod. 140, 141. FORMED DESIGN. In criminal law, and particularly with reference to homicide, this term means a deliberate and fixed in tention to kill, whether directed against a particular person or not. Mitchell v. State, 60 Ala. 33; Wilson v. State, 128 Ala. 17, 29 South. 569; Ake v. State, 30 Tex. 473. An ancient writ in Eng lish law which was available for one who had a right to lands or tenements by virtue of a gift in tail. It was in the nature of a writ of right, and was the highest action that a tenant in tail could have; for he could not have an absolute writ of right, that being confined to such as claimed in fee-simple, and for that reason this writ of formedon was granted to him by the statute de donis, (Westm. 2, 13 Edw. I. c. 1,) and was emphatically called "his" writ of right. The writ was distinguished Into three species, viz.: Formedon in the descender, in the re mainder, and in the reverter. It was abol ished in England by St. 3 & 4 Wm. IV. c. 27. See 3 Bl. Comm. 191; Co. Litt. 316; Fitzh. Nat. Brev. 255. —Formedon in the descender. A writ of formedon which lay where a gift was made in tail, and the tenant in tail aliened the lands or was disseised of them and died, for the heir in tail to recover them, against the actual tenant of the freehold. 3 Bl. Comm. 192.— Formedon in the remainder. A writ of formedon which lay where a man gave lands to another for life or in tail, with remainder to a third person in tail or in fee, and he who had the particular estate died without issue in heritable, and a stranger intruded upon him in remainder, and kept him out of possession. In this case he in remainder, or his'heir, was en titled to this writ. 3 Bl. Comm. 192.— Forme don in the reverter. A writ of formedon which lay where there was a gift in tail, and afterwards, by the death of the donee or his heirs without issue of his body, the reversion fell in upon the donor, his heirs or assigns. In such case, the reversioner had this writ to re cover the lands. 3 Bl. Comm. 192. FOBMELLA. A certain weight of above 70 lbs., mentioned in 51 Hen. III. Cowell. FORMER ADJUDICATION, or FOR-. MER RECOVERY. An adjudication or recovery in a former action. See RES JUDI CATA. FORMIDO PERICUU. Lat. Fear of danger. 1 Kent, Comm. 23. FORMULA. In common-law practice, a set form of words used in judicial proceed ings. In the civil law, an action. Calvin. FORMULA. In Roman law. When the legis actionem were proved to be inconven FORMEDON.