KFLCC Kingdom Law 2nd Ed.

FUER

PBUCTUS PERCEPTOS

627

Fructus perceptos villas non esse con stat. Gathered fruits do not make a part of the farm. Dig. 19, 1, 17, 1; 2 Bouv. Inst no. 157a Anything produced from vines, underwood, chalk-pits, stone-quarries. Dig. 50, 16, 77. Grains and leguminous vegetables. In a more restricted sense, any esculent growing in pods. Vicat, Voc. Jur.; Calvin. FRUIT. The produce of a tree or plant which contains the seed or is used for food. This term, in legal acceptation, is not confined to the produce of those trees which in popular language are called "fruit trees," but applies also to the produce of oak, elm, and walnut trees. Bullen v. Denning, 5 Barn. & C. 847. —Civil fruits, in the civil law (fructus oivttes) are such things as the rents and income of real property, the interest on money loaned, and annuities. Civ. Code La. 1900, art. 545.—Fruit fallen. The produce of any possession de tached therefrom, and capable of being en joyed by itself. Thus, a next presentation, when a vacancy has occurred, is a fruit fallen from the advowson. Wharton.—Fruits of crime. In the law of evidence. Material ob jects acquired by means and in consequence of the commission of crime, and sometimes con stituting the subject-matter of the crime. Bur rill, Oirc. Ev. 445; 3 Benth. Jud. Ev. 31.— Natural fruits. . The produce of the soil, or of fruit-trees, bushes, vines, etc., which are edible or otherwise useful or serve for the re production of their species. The term is used in contradistinction to "artificial fruits," t. e., such as by metaphor or analogy are likened to the fruits of the earth. Of the latter, in terest on money is an example. See Civ. Code La. 1900, art 545. Frumenta quae sata sunt solo cedere intelliguntur. Grain which is sown is un derstood to form a part of the soil. Inst. 2, 1, 32. FRUMENTUM. In the civil law. Grain. That which grows in an ear. Dig. 50, 16, 77. FRUMGYIJ). Sax. The first payment made to the kindred of a slain person in rec ompense for his murder. Blount. FRUMSTOLL. Sax. In Saxon law. A chief seat, or mansion house. Cowell. FRUSCA TERRA. In old records. Un cultivated and desert ground. 2 Mon. Angl. 327; Cowell. FRTJSSURA. A breaking; plowing. Cowell. Frustra agit qui judicium prosequi nequit cum eflectu. He sues to no purpose who cannot prosecute his judgment with ef fect, [who cannot have the fruits of his judg ment.] Fleta, lib. 6, c. 37, § 9. Frustra [vana] est potentia quae nun- -quant venit in aotum. That power is to FRUGES. In the civil law.

no purpose which never comes Into act, or which is never exercised. 2 Coke, 51. Frustra ezpectatur eventus cujus ef fectus nullus sequitur. An event is vain ly expected from which no effect follows. Frustra feruntur leges nisi subditis et obedientibus. Laws are made to no pur pose, except for those that are subject and obedient. Branch, Princ. Frustra fit per plura, quod fieri potest per pauciora. That is done to no purpose by many things which can be done by fewer. Jenk. Cent. p. 68, case 28. The employment of more means or instruments for effecting a thing than are necessary is to no purpose. Frustra legis auxillum invocat [quae rit] qui in legem committit. He vainly invokes the aid of the law who transgresses the law. Fleta, lib. 4, c. 2, § 3; 2 Hale, P. C. 386; Broom, Max. 279, 297. Frustra petis quod mox es restiturus. In vain you ask that which you will have immediately to restore. 2 Karnes, Eq. 104; 5 Man. & G. 757. Frustra petis quod statim alter! red dere cogeris. Jenk. Cent. 256. You ask in vain that which you might Immediately be compelled to restore to another. Frustra probatur quod probatum non relevat. That is proved to no purpose which, when proved, does not help. Halk. Lat. Max. 50. FRUSTRUM TERR.ZE. A piece or par* eel of land lying by Itself. Co. Lift. 56. FRUTECTUM. In old records. A place overgrown with shrubs and bushes. Spel man; Blount. FRTJTOS. In Spanish law. Fruits; products; produce; grains; profits. White, New Recop. b. 1, tit. 7, c. 5, § 2. FRYMITH. In old English law. The affording harbor and entertainment to any one. FRYTHE. Sax. In old English law. A plain between woods. Co. Litt. 56. An arm of the sea, or a strait between two lands. Cowell. FUAGE, FOCAGE. Hearth money. A tax laid upon each fire-place or hearth. An Imposition of a shilling for every hearth, levied by Edward III. in the dukedom of Aquitaine. Spelman; 1 Bl. Comm. 324. FUER. In old English law. Flight. It is of two kinds: (1) Fuer in fait, or in facto, where a person does apparently and corporally flee; (2) fuer in ley, or in lege,