KFLCC Kingdom Law 2nd Ed.

532

FURTUM

FYRD

ing any one in the presence of witnesses in due form, the thing stolen was discovered iD his possession.—Furtum grave. In Scotch law. An aggravated degree of theft, anciently punish ed with death. It still remains an open point what amount of value raises the theft to this serious denomination. 1 Broun, 352, note. See 1 Swint. 467.—Furtum manifestum. Open theft Theft where a thief is caught with the property in his possession. Bract, fol. 1506. —Furtum-oblatum. In the civil law. Offer ed theft. Oblatum furtum dicitur cum res fur~ tiva ab aliquo ttbi oblata sit, eaque apud te conoepta sit. Theft is called "oblatum" when a thing stolen is offered to you by any one, and found upon you. Inst. 4, 1, 4. Furtum est contrectatio rei aliense fraudulenta, cum animo furandi, invito illo domino cujus res ilia fuerat. 3 Inst. 107. Theft is the fraudulent handling of an other's property, with an intention of steal ing, against the will of. the proprietor, whose property it was. Furtum non est ubi initium habet de tentionis per dominium rei. 3 Inst. 107. There is no theft where the foundation of the detention is based upon ownership of the thing. FUSTIGATTO. In old English law. A beating with sticks or clubs; one of the an cient kinds of- punishment of malefactors. Bract fol. 1046, lib. 3, tr. 1, cl 6. FUSTIS. In old English law. A staff, used in making livery of seisin. Bract, fol. 40. A baton, club, or cudgel. FUTURE DEBT. In Scotch law. A debt which is created, but which will not be come due till a future day. 1 Bell, Oomm. 815. FUTURE ESTATE. See ESTATE. FUTURES. This term has grown out of those purely speculative § transactions, in which there is a nominal contract of sale for

future delivery, but where in fact none is ever intended or executed. The nominal seller does not have or expect to have th« stock or merchandise he purports to sell, nor does the nominal buyer expect to receive it or to pay the price. Instead of that, a per centage or margin is paid, which is increas ed or diminished as the market rates go up or down, and accounted for to the buyer. King v. Quidnick Oo., 14 R. I. 138; Lemon ius v. Mayer, 71 Miss. 514, 14 South. 33; Plank v. Jackson, 128 Ind. 424, 26 N. E. 568. FUTURI. Lat. Those who are to be. Part of the commencement of old deeds. "Sciant prcesentes et futuri, quod ego talis, dedi et concessi" etc., (Iiet all men now liv ing and to come know that I, A. B., have, etc.) Bract fol. 34o. FUZ, or FUST. A Celtic word, meaning a wood or forest FYHTWITE. One of the fines incurred for homicide. FYKE. A bow-net for catching fish. Pub. St Mass. 1882, p. 1291. FYXE. In old Scotch law. To defile; to declare foul or defiled. Hence, to find a prisoner guilty. FYI.IT. In old Scotch practice. Fyled; found guilty. See Fra. FYRD. Sax. In Anglo-Saxon law. The military array or land force of the whole country. Contribution to the fyrd was one of the imposts forming the trinoda necessi tas. (Also spelled "ferd" and "fiM.") —Fyrdfare. A summoning forth to join a military expedition; a summons to join the fyrd or army.—Fyrdsoene, (or fyrdsoken.) Exemption from military duty; exemption from service in the /yrtf.—Fyrdwite. A fine impos ed for neglecting to join the fyrd when sum moned. Also a fine imposed for murder com mitted in the army; also an acquittance of such fine.