KFLCC Kingdom Law 2nd Ed.

FRITH

526

FRUCTUS PENDENTES

FRITH*. Sax. .Peace, security, or protec tion. This word occurs in many compound terms used in Anglo-Saxon law. — Fritbborg. Frank-pledge. Cowell.— Fritn bote. A satisfaction or fine for a breach of the" peace.— Fritbbreach. The breaking of the peace.— Fritbgar. The year of jubilee, or of meeting for peace and friendship.— Fritb gilda. Guildhall; a company or fraternity for the maintenance of peace and security; al so a fine for breach of the peace. Jacob.— Fritbman. A member of a company or fra ternity.— Frithsocne. Surety of defense. Ju risdiction of the peace. The franchise of pre serving the peace. Also spelled "fnthsoken." — Frithsplot. A spot or plot of land, encircl ing some stone, tree, or well, considered sa cred, and therefore affording sanctuary to crim inals.— Frithstool. The stool of peace. A stool or chair placed in a church or cathedral, and which was the symbol and place of sanc tuary to those who fled to it and reached it. An answer or plea is called "frivolous" when it is clearly insuffi cient on its face, and does not controvert the material points of the opposite pleading, and is presumably interposed for mere pur poses of delay or to embarrass the plaintiff. Erwin v. Lowery, 64 N. C. 321; Strong v. Sproul, 53 N. Y. 499; Gray v. Gidiere, 4 Strob. (S. C.) 442; Peacock v. Williams (O. C.) 110 Fed. 916. A frivolous demurrer has been defined to be one which is so clearly untenable, or its insufficiency so manifest upon a bare in spection of the pleadings, that its character may be determined without argument or re search. Cottrill v. Cramer, 40 Wis. 558. Synonyms. The terms "frivolous" and "sham," as applied to pleadings, do not mean the same thing. A sham plea is good on its face, but false in fact; it may, to all appear ances, constitute a perfect defense, but is a pretence because false and because not plead ed in good faith. A frivolous plea may be per fectly true in its allegations, but yet is liable to be stricken out because totally insufficient in substance. Andrea? v. Bandler (Sup.) 56 N. Y. Supp. 614; Brown v. Jenison, 1 Code R. N. S. (N. Y.) 157. FRODMORTEL, or FREOMORTEL. An immunity for committing manslaughter. Mon. Angl. t. 1, p. 173. In Eng lish law a frontager is a person owning or occupying land which abuts on a highway, river, sea-shore, or the like. The term is generally used with reference to the liability of frontagers on streets to contribute to wards the expense of paving, draining, or other works on the highway carried out by a local authority, in proportion to the front age of their respective tenements. Sweet. The term is also in a similar sense In American law, the expense of local improve ments made by municipal corporations (such as paving, curbing* and sewering) being gen erally assessed on abutting property owners in proportion to the "frontage" of their lots on the street or highway, and an assess ment so levied being called a "frontage as FRIVOLOUS. FRONTAGE—FRONTAGER.

sessment" Neenan v. Smith, 50 Mo. 531; Lyon v. Tonawanda (C. C.) 98 Fed. 366.

FRONTIER. In international law. That portion of the territory of any country which lies close along the border line of an other country, and so "fronts" or faces it The term means something more than the boundary line itself, and includes a tract or strip of country, of indefinite extent, con tiguous to the line. Stoughton v. Mott, 15 Vt. 169. In the civil law. One who had the usufruct of a thing; i. e., the use of the fruits, profits, or in crease, as of land or animals. Inst. 2, 1, 36, 38. Bracton applies it to a lessee, fermor, or farmer of land, or one who held lands ad firmam, for a farm or term. Bract fol. 261. FRUCTUS. Lat. In the civil law. Fruit fruits; produce; profit or increase; the or ganic productions of a thing. The right to the fruits of a thing belong ing to another. The compensation which a man receives from another for the use or enjoyment of a thing, such as interest or rent See Mackeld. Rom. Law, § 167; Inst. 2, 1, 35, 37; Dig. 7, 1, 33; Id. 5, 3, 29; Id. 22, 1, 34. — Fructus civiles. All revenues and recom penses which, though not Jruits, properly speak ing, are recognized as such by the law. The term includes such things as the rents and in come of real property, interest on money loan ed, and annuities. Civ. Code La. 1900, art 545.— Fructus fundi. The fruits (produce or yield) of land.— Fructus industriales. In dustrial fruits, or fruits of industry. Those fruits of a thing, as of land, which are pro duced by the labor and industry of the occu pant, as crops of grain; as distinguished from such as are produced solely by the powers of nature. Emblements are so called in the com mon law. 2 Steph. Comm. 258; 1 Chit. Gen. Pr. 92. Sparrow v. Pond, 49 Minn. 412, 52 N. W. 36, 16 L. R, A. 103, 32 Am. St. Rep. 571; Purner v. Piercy, 40 Md. 223, 17 Am. Rep. 591; Smock v. Smock, 37 Mo. App. 64.— Fructus naturales. Those products which are produced by the powers of nature alone; as wool, metals, milk, the young of animals. Sparrow v. Pond, 49 Minn. 412, 52 N. W. 36, 16 L. R. A. 103, 32 Am. St. Rep. 571.— Fructus pecudum. The produce or increase of flocks or herds.— Fructus pendentes. Hanging fruits; those not severed. The fruits united with the thing which produces them. These form a part of the principal thing.— Fructus rei alienee. The fruits of another's property; fruits taken from another's estate. —Fructus separati. Separate fruits; the fruits of a thing when they are separated from it. Dig. 7, 4, 13.— Fructus stantes. Stand ing fruits; those not yet severed from the stalk or stem. The yearly increase goes to enchance the inherit ance. Dig. 5, 3, 20, 3. Fructus pendentes pars fundi viden tnr. Hanging fruits make part of the land. Dig. 6, 1, 44; 2 Bouv. Inst no. 1578. FRUCTUARIUS. Lat. Fructus augent bsereditatem.