KFLCC Kingdom Law 2nd Ed.

FORTUITOUS

517

FOSSATORUM OPERATIO

FORTUITOUS.

Accidental; undesigned;

ous forum or court; a place of litigation; the ordinary court of justice, as distinguished from the tribunal of conscience. 3 Bl. Comm. 211. —Forum contractus. The forum of the con tract; the court of the place where a contract is made; the place where a contract is made, considered as a place of jurisdiction. 2 Kent, Comm. 468.— Forum domesticum. A domes tic forum or tribunal. The visitatorial power is called a "forum domesticum" calculated to determine, sine strepitu, all disputes that arise within themselves. 1 W. Bl. 82.— Forum domicilii. The forum or court of the domi cile ; the domicile of a defendant, considered as a place of jurisdiction. 2 Kent, Comm. 463.— Forum ecclesiasticum. An ecclesiastical court. The spiritual jurisdiction, as distin guished from the secular.— Forum ligeantias rei. The forum of defendant's allegiance. The court or jurisdiction of the country to which he owes allegiance.— Forum originis. The court of one's nativity. The place of a person's birth, considered as a place of jurisdiction.— Forum regium. The king's court. St. Westm. 2, c. 43.— Forum rei. This term may mean either (1) the forum of the defendant, that is, of his residence or domicile; or (2) the forum of the res or thing in controversy, that is, of the place where the property is situated. The ambiguity springs from the fact that rei may be the genitive of either reus or res. — Forum rei gestae. The forum or court of a res gesta, (thing done;) the place where an act is done, considered as a place of jurisdiction and rem edy. 2 Kent, Comm. 463.— Forum rei sitae. The court where the thing in controversy is situated. The place where the subject-matter in controversy is situated, considered as a place of jurisdiction. 2 Kent, Comm. 463.— Forum seculare. A secular, as distinguished from an ecclesiastical or spiritual, court. FORWARDING MERCHANT, or FOR WARDER. One who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a com pensation from the owners, having no concern in the vessels or wagons by which they are transported, and no interest In the freight, and hot being deemed a common carrier, but a mere warehouseman and agent. Story, Bailm. §§ 502, 509. Schloss v. Wood, 11 Colo. 287, 17 Pac. 910; Ackley v. Kellogg, 8 Cow. (N. Y.) 224; Place v. Union Exp. Co., 2 Hilt. (N. Y.) 19; Bush v. Miller, 13 Barb. (N. Y.) 488. A ditch; a receptacle of water, made by hand. Dig. 43, 14, 1, 5. In old English law. A ditch. A pit full of water, in which women committing felony were drowned. A grave or sepulcher. Spel man. In old English law. The duty levied on the Inhabitants for repairing the moat or ditch round a fortified town. In old English law. Fosse-work; or the service of laboring, done by inhabitants and adjoining tenants, for the repair and maintenance of FOSSA. In the civil law. FOSSAGIUM. FOSSATORUM OPERATIO. FORURTH. In old records. A long slip of ground. Cowell.

adventitious.

Resulting from unavoidable

physical causes. —Fortuitous collision. In maritime law. The accidental running foul of vessels. Peters v. Warren Ins. Co., 14 Pet. 112, 10 L. Ed. 371. —Fortuitous event. In the civil law. That which happens by a cause which cannot be re sisted. An unforeseen occurrence, not caused by either of the parties, nor such as they could prevent. In French it is called "cas for tutt." Civ. Code La. art. 3556, no. 15. There is a difference between a fortuitous event, or in evitable accident, and irresistible force. By the former, commonly called the "act of God," is meant any accident produced by physical causes which are irresistible; such as a loss by 'lightning or storms, by the perils of the seas, by inundations and earthquakes, or by sudden death or illness. By the latter is meant such an interposition of human agency as is, from its nature and power, absolutely uncon trollable. Of this nature are losses occasioned by the inroads of a hostile army, or by pub lic enemies. Story, Bailm. § 25. ure-trove. Jacob. Fortunam faciunt judicem. They make fortune the judge. Co. Ldtt. 167. Spoken of the process of making partition among coparceners by drawing lots for the several purparts. In English law. Persons pretending or professing to tell for tunes, and punishable as rogues and vaga bonds or disorderly persons. 4 Bl. Comm. 62. FORTUNIUM. In old English law. A tournament or fighting with spears, and an appeal to fortune therein. FORTY. In land laws and conveyancing, In those regions where grants, transfers, and deeds are made with reference to the subdi visions of the government survey, this term means forty acres of land in the form of a square, being the tract obtained by quarter ing a section of land (640 acres) and again quartering one of the quarters. Lente v. Clarke, 22 Fla. 515, 1 South. 149. In old English forest law. The court of attachment in for ests, or wood-mote court Lat. A court of justice, or judicial tribunal; a place of jurisdiction ; a place where a remedy Is sought; a place of litigation. 3 Story, 347. In Roman law. The market place, or public paved court, in the city of Rome, where such public business was transacted as the assemblies of the people and the ju dicial trial of causes, and where also elec tions, markets, and the public exchange were held. —Forum aetus. The forum of the act. The forum of the place where the act was done which, is now called in question.— Forum con scientise. The forum or tribunal of con science.— Forum eontentiosunu A contenti FORTUNA. Lat. Fortune; also treas FORTUNE-TELLERS. FORTY-DAYS COURT. FORUM.