KFLCC Kingdom Law 2nd Ed.

FUND

530

FURIOSUS NULLUM NEGOTIUM

lena Ins. Co. T. Kupfer, 28 111. 335, 81 Am. Dec. 284. 2.. The proceeds of sales of real and per sonal estate, or the proceeds of any other as sets converted Into money. Doane v. Insur ance Co., 43 N. J. Eq. 533, 11 Atl. 739. 3. Corporate .stocks or government securi ties; in this sense usually spoken of as the "funds." 4. Assets, securities, bonds, or revenue of a state or government appropriated for the discharge of its debts. —No funds. This term denotes a lack of as sets or money for a specific use. It is the return made by a bank to a check drawn upon it by a person who has no deposit to his credit there; also by an executor, trustee, etc., who has no assets for the specific purpose.— Publio funds. An untechnical name for (1) the rev enue or money of a government, state, or mu nicipal corporation; (2) the bonds, stocks, or other securities of a national or state govern ment.— Sinking fund. The aggregate of sums of money (as those arising from particular taxes or sources of revenue) set apart and invested, usually at fixed intervals, for the extinguish ment of the debt of a government or corpora tion, by the accumulation of interest. Elser v. Ft Worth (Tex. Civ. App.) 27 S. W. 740; Union Pac. R. Co. v. Buffalo County Com'rs, 9 Neb. 449, 4 N. W. 53; Brooke v. Philadel phia, 162 Pa. 123, 29 Atl. 387, 24 L. R. A. 781. —General fund. This phrase, in New York, is a collective designation of all the assets of the state which furnish the means for the sup port of government and for defraying the dis cretionary appropriations of the legislature. People v. Orange County Sup'rs, 27 Barb. (N. Y.) 575, 588. FUNDAMENTAL LAW. The law which determines the constitution of government in a state, and prescribes and regulates the manner of its exercise; the organic law of a state; the constitution. We found. One of the words by which a corporation may be created in England. 1 Bl. Comm. 473; 3 Steph. Comm. 173. Lat A founding or foun dation. Particularly applied to the creation and endowment of corporations. As applied to eleemosynary corporations such as colleges and hospitals, it is said that "fundatio in cipient" is the.incorporation or grant of cor porate powers, while "fundatio perficiens" is the endowment or grant or gift of funds or revenues. Dartmouth College v. Woodward, 4 Wheat. 667, 4 L. Ed. 629. FUNDAMUS. FUNDATIO. FUNDAMENTAL ERROR. See EBEOB.

without considering its specific use; land, In cluding buildings generally; a farm. Money expend ed in procuring the interment of a corpse. Movable goods which may be estimated and replaced accord ing to weight, measure, and number. Things belonging to a class, which do not have to be dealt with in specie. Those things one specimen of which is as good as another, as is the case with half-crowns, or pounds of rice of the same quality. Horses, slaves, and so forth, are non-fungible things, because they differ individually in value, and cannot be exchanged indifferently one for an other. Holl. Jur. 88. Where a thing which is the subject of an ob ligation (which one man is bound to deliver to another) must be delivered in specie, the thing is not fungible; that very individual thing, and not another thing of the same or another class, in lieu of it, must be delivered. Where the subject of the obligation is a thing of a given class, the thing is said to be fungible; *. «., the delivery of any object which answers to the generic description will satisfy the terms of the obligation. Aust Jur. 483, 484. FUNGIBILES RES. Lat. In the civil law. Fungible things. See that title. FUR. Lat. A thief. One who stole se cretly or without force or weapons, as op posed to robber. — Fur manifestus. In the civil law. A man ifest thief. A thief who is taken in the very act of stealing. FURANDI ANIMUS. Lat. An inten tion of stealing. FURCA. In old English law. A fork. A gallows or gibbet. Bract fol. 56. — Furoa et flagellum. Gallows and whip. Tenure ad fwrcam et flagellum, tenure by gal lows and whip. The meanest of servile tenures, where the bondman was at the disposal of his lord for life and limb. Cowell.— Furca et fos sa. Gallows and pit, or pit and gallows. A term used'in ancient charters to signify a juris diction of punishing thieves, viz., men by hang ing, women by drowning. Spelman; Cowell. for theft. Furiosi nulla voluntas est. A madman has no will. Dig. 50, 17, 40; Broom, Max. 314. FURIOSITY. In Scotch law. Madness, as distinguished from fatuity or idiocy. FURIOSUS. Lat An insane man; a madman; a lunatic. Furiosus absentis loeo est. A madman Is the same with an absent person, [that is, his presence is of no effect] Dig. 50, 17, 24, 1. Furiosus nullum negotium contrahere potest. A madman can contract nothing, [can make no contract] Dig. 50, 17, 5. FUNERAL EXPENSES. FUNGIBLE THINGS. FURIGELDUM. A fine or mulct paid

FUNDATOR. A founder, (q. v.)

FUNDI PATRIMONIALES.

Lands Of

inheritance.

FUNDITORES.

Pioneers. Jacob.

FUNDUS. In the civil and old English law. Land; land or ground generally; land,