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The discordance apparent between them proves that the observations which have been made, are only an approximation to truth.

It is proper to remark that the Paris pound poids de marc, which was the weight used by Maygrier, differs from avoirdupois weight used by Dr. Beck. The pound poids de marc, of sixteen ounces, contains 9216 Paris grains, whilst the aroirdupois contains only 8532.5 Paris grains. The Paris inch is 1.065977 English inch.

Vide, generally, 1 Beck's Med. Jur. 239; 2 Dunglison's Human Physiology, 391; Ryan's Med. Jur. 137; 1 Chit. Med. Jur. 403; 1 Briand, Méd. Lég. prém. partie, c. 4, art. 2; and the articles Birth; Dead Born; Fæticide; In ventre sa mere; Infanticide; Life; and Quick with child.

FOLCMOTE. The name of a court among the Saxons. It was literally an assembly of the people or inhabitants of the tithing or town; its jurisdiction extended over disputes between neighbours, as to matters of trespass in meadows, corn and the like.

before whom it was acknowledged or levied. 2 Bl. Com. 351.

FOR THAT, pleading. It is a maxim in law, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital. "For that," is a positive allegation; "For that whereas," in Latin "quod cum," (q. v.) is a recital. Hamm. N. P. 9.

FORBEARANCE, contracts, is the act by which a creditor waits for the payment of the debt, due him by the debtor, after it has become due. When the creditor agrees to forbear with his debtor, this is a sufficient consideration to support an assumpsit made by the debtor. 4 John. R. 237; 2 Nott & McCord, 133; 2 Binn. R. 510; Com. Dig. Action upon the case upon assumpsit, B 1; Dane's Ab. Index, h. t.; 1 Leigh's N. P. 31; 1 Penna. R. 385; 4 Wash. C. C. R. 148; 5 Rawle's R. 69.

Vide Giving time.

FORCE, is a power put in motion for some object. It is, 1, actual; or 2, implied.

§1. If a person with force break a door or gate for an illegal purpose, it is lawful to oppose force to force; and if one enter the close of another, vi et armis, he may be expelled immediately, without a previous request; for there is no time to make

FOLD-COURSE, Eng. law. By this phrase is understood land used as a sheep-walk; it also signifies land to which the sole right of folding the cattle of others is appurtenant; sometimes it means merely such a request. 2 Salk. 641; 8 T. R. right of folding. It is also used to 78, 357. And see tit. Battery, § 2. denote the right of folding on ano- When it is necessary to rely upon ther's land, which is called common actual force in pleading, as in the foldage. Co. Litt. 6 a, note (1); W. case of a forcible entry, the words Jo. 375; Cro. Car. 432; 2 Vent." manu forti," or "with a strong

139.

FOOT, a measure of length, containing one-third of a yard, or twelve inches.

FOOT OF THE FINE, estates, conveyancing, is the fifth part or conclusion of a fine. It includes the whole matter, reciting the names of the parties, day, year, and place, and

hand," should be adopted. 8 T. R. 357, 378; but in other cases, the words "vi et armis," or "with force and arms," is sufficient. Id.

§ 2. The entry into the ground of another, without his consent, is breaking his close, for force is implied in every trespass quare clausum fregit. 2 Salk. 641; Co. Litt.

257, b. 161, b. 162. a; 1 Saund. 81, 140, n. 4; 8 T. R. 78, 358; Bac. Abr. Trespass; this Dict. tit. Close. In the case of false imprisonment, force is implied, 1 N. R. 255; and the same rule prevails where a wife, a daughter, or servant have been enticed away or debauched, though in fact they consented, the law considering them incapable of consenting. See 3 Wils. 19; Fitz. N. B. 89, O; 5 T. R. 361; 6 East, 387; 2 N. R. 365, 454. In general, a mere nonfeasance cannot be considered as forcible; for where there has been no act, there cannot be force, as in the case of the mere detention of goods without an unlaw. ful taking. 2 Saund. 47, k. l. In general, by force is understood unlawful violence. Co. Litt. 161, b. Vide Arms.

FORCED HEIRS, in Louisiana, are those persons whom the testator or donor, cannot deprive of the portion of his estate reserved for them by law except in cases where he has a just cause to disinherit them. Civ. Code of Lo. art. 1482; as to the portion of the estate they are entitled to, see the article Legitime. As to the causes for which forced heirs may be deprived of this right, see Disinherison.

FORCIBLE ENTRY OR DETAINER, crim. law, is committed by unlawfully and violently taking or keeping possession of lands and tenements with menaces, force and arms, and without the authority of law. Com. Dig. h. t. The proceedings in case of forcible entry and detainer, are regulated by statute in the several states, (q. v.) The of fence is generally punished by indictment. 4 Bl. Com. 148; 1 Russ. on Cr. 283. A forcible entry and a forcible detainer, are distinct offences, 1 Serg. & Rawle, 124; 8 Cowen, 226. In the civil and French law a similar remedy is given for this VOL. I.-49.

offence. The party injured has two actions a criminal or a civil. The action is called actio interdictum undè vi. In French l'action réintegrande. Poth. Proc. Civ. partie 2, c. 3, art. 3. Vide generally, 3 Pick. 31; 3 Halst. R. 48; 2 Tyler's R. 64; 2 Root's R. 411; Ib. 472; 4 Johns. R. 150; 8 Johns. R. 44; 10 Johns. R. 304; 1 Caines's R. 125; 2 Caines's R. 98; 9 Johns. R. 147; 2 Johns. Cas. 400; 6 Johns. R. 334; 2 Johns. R. 27; 3 Caines's R. 104; 11 John. R. 504; 12 John. R. 31; 13 Johns. R. 158; Ib. 340; 16 Johns. R. 141; 8 Cowen, 226; 1 Coxe's R. 258; Ib. 260; 1 South. R. 125; 1 Halst. R. 396; 3 Ib. 48; 4 Ib. 37; 6 Ib. 84; 1 Yeates, 501; Addis. R. 14, 17, 43, 316, 355; 3 Serg. & Rawle, 418; 3 Yeates, 49; 4 Dall. 212; 4 Yeates, 326; 1 Harr. & McHen. 428; 2 Bay, R. 355; 2 Nott & McCord, 121; 1 Const. R. 325; Cam. & Norw. 337, 340; Com. Dig. h. t.; Vin. Ab. h. t.; Bac. Ab. h. t.; 2 Chit. Pr. 231 to 241. The civil law punished even the owner of an estate, in proportion to the violence used, when he forcibly took possession of it, a fortiori, a stranger. Domat, Supp. au Dr. Pub. I. 3, t. 4,

s. 3.

FORECLOSURE, practice, is a proceeding in chancery, by which the mortgagor's right of redemption of the mortgaged premises is barred or foreclosed forever. This takes place when the mortgagor has forfeited his estate by non-payment of the money due on the mortgage at the time appointed, but still retains the equity of redemption; in such case the mortgagee may file a bill calling on the mortgagor, in a court of equity, to redeem his estate presently, or in default thereof, to be forever foreclosed and barred from any right of redemption.

In some cases, however, the mort

gagee obtains a decree for a sale the dollars of Mexico, Peru, Chili, of the land, under the direction of and Central America, of not less an officer of the court, in which case weight than four hundred and fifteen the proceeds are applied to the dis- grains each, and those re-stamped in charge of encumbrances, according to Brazil of the like weight, of not less their privity. This practice has been fineness than ten ounces, fifteen penadopted in Indiana, Kentucky, Mary- nyweights of pure silver, in the troy land, South Carolina, Tennessee and pound of twelve ounces of standard Virginia. 4 Kent, Com. 1180. When silver; and the five franc pieces of it is the practice to foreclose without France, when of not less fineness a sale, its severity is mitigated by en- than ten ounces and sixteen pennylarging the time of redemption from weights in twelve ounces troy weight six months to six months, or for of standard silver, and weighing not shorter periods, according to the equity less than three hundred and eightyarising from the circumstances. Ib. four grains each, at the rate of nineVide 2 John. Ch. R. 100; 5 Pick. ty-three cents each. R. 418; 1 Sumn. R. 100; 2 Sumn. R. 401; 7 Conn. R. 152; 5 N. H. Rep. 30; 1 Hayw. R. 482; 5 Han. R. 554; 5 Yerg. 240; 2 Pick. R. 540; 4 Pick. R. 6; 2 Gallis. 154; 9 Cowen's R. 346; 4 Greenl. R. 495. FOREIGN. That which belongs to another country; that which is strange. Every nation is foreign to all the rest, and the several states of the American union are foreign to each other, with respect to their municipal laws. 2 Wash. R. 282. Vide Attachment, for foreign attachment; Bill of exchange, for foreign bills of exchange; Foreign coins; Foreign Judgment; Foreign Laws; Foreigners.

FOREIGN ATTACHMENT.Vide Attachment.

FOREIGN COINS, com. law. The money of foreign nations. Congress have, from time to time, regulated the rates at which certain foreign coins should pass. The acts now in force are the following.

The act of June 25, 1834, 4 Sharsw. cont. of Story's L. U. S. 2373, enacts, sect. 1. That from and after the passage of this act, the following silver coins shall be of the legal value, and shall pass current as money within the United States, by tale, for the payment of all debts and demands, at the rate of one hundred cents the dollar, that is to say,

The act of June 28, 1834, 4 Sharsw. Cont. of Story's L. U. S. 2377, enacts, sect. 1. That from and after the thirty-first day of July next, the following gold coins shall pass current as money within the United States, and be receivable in all payments, by weight, for the payment of all debts and demands, at the rates following, that is to say: the gold coins of Great Britain, Portugal and Brazil, of not less than twenty-two carats fine, at the rate of ninety-four cents and eight-tenths of a cent per penny-weight; the gold coins of France nine-tenths fine, at the rate of ninety-three cents and one-tenth of a cent per penny-weight; and the gold coins of Spain, Mexico, and Colombia, of the fineness of twenty carats three grains and sevensixteenths of a grain, at the rates of eighty-nine cents and nine-tenths of a cent per penny-weight.

By the act of March 3, 1823, 3 Story's L. U. S. 1923, it is enacted, sect. 1. That from and after the pas sage of this act, the following gold coips shall be received in all payments on account of public lands, at the several and respective rates following, and not otherwise, viz.: the gold coins of Great Britain and Portugal, and of their present standard, at the rate of one hundred cents for every twenty-seven grains, or eighty.

eight cents and eight-ninths per denominations of money, in value as pennyweight; the gold coins of nearly as may be to the said rates, France of their present standand, at or the intrinsic value thereof, comthe rate of one hundred cents for pared with money of the United every twenty-seven and a half grains, States: Provided, That it shall be or eighty-seven and a quarter cents lawful for the president of the United per pennyweight; and the gold coins States to cause to be established fit of Spain of their present standard, at and proper regulations for estimating the rate of one hundred cents for the duties on goods, wares, and merevery twenty-eight and a half grains, chandise, imported into the United or eighty-four cents per penny- States, in respect to which the origiweight. nal cost shall be exhibited in a depreciated currency, issued and circulated under authority of any foreign gov. ernment.

The act of March, 2, 1799, 1 Story's L. U. S. 573, to regulate the collection of duties on imports and tonnage, sect. 61, (p. 626,) enacts, That the ad valorem rates of duty upon goods, wares, and merchandise, at the place of importation, shall be estimated by adding twenty per cent. to the actual cost thereof, if imported from the Cape of Good Hope, or from any place beyond the same; and ten per cent. on the actual cost thereof, if imported from any other place or country, including all charges; commissions, outside packages, and insurance, only excepted. That all foreign coins and currencies shall be estimated at the following rates; each pound sterling of Great Britain, at four dollars and forty-four cents; each livre tournois of France, at eighteen and a half cents; each florin, or guilder of the United Netherlands, at forty cents; each mark banco of Hamburg, at thirty-three and one-third cents; each rix dollar of Denmark, at one hundred cents; each rial of plate, and each rial of vellon, of Spain, the former at ten cents, the latter at five cents, each; each milree of Portugal, at one dollar and twenty-four cents; each pound sterling of Ireland, at four dollars and ten cents; each tale of China, at one dollar and fortyeight cents; each pagoda of India, at one dollar and ninety-four cents; each rupee of Bengal, at fifty-five cents and one half; and all other

By the act of July, 14, 1832, s. 16, (4 Sharsw. Cont. of Story's L. U. S. 2326,) the law is changed as to the value of the pound sterling, in calculating the rate of duties. It is thereby enacted, that from and after the said third day of March, one thousand eight hundred and thirtythree, in calculating the rate of du ties, the pound sterling shall be con sidered and taken as of the value of four dollars and eighty cents.

FOREIGN JUDGMENT, evi, dence, remedies. A judgment ren. dered in a foreign state. In Louisi ana it has been decided that a judg ment rendered by a Spanish tribunal, under the former government of the country, is not a foreign judgment. 4 M. R. 301; Id. 310. The subject will be considered with regard, 1st, to the manner of proving such judg ment; and, 2dly, its efficacy.

1. Foreign judgments are authenticated in various ways; 1, by an exemplification certified under the great seal of the state or country where it was rendered; 2, by a copy proved to be a true copy; 3, by the certificate of an officer authorised by law, which certificate must itself, be properly authenticated. 2 Cranch, 238; 2 Caines's R. 155; 5 Cranch, 335; 7 Johns. R. 514; 8 Mass. R. 273; 2 Munf. R. 43; 4 Camp. R. 28; 2 Russ. on Cr. 723. There is a

difference between the judgments of courts of common law jurisdiction and courts of admiralty, as to the mode of proof of judgments rendered by them. Courts of admiralty are under the law of nations; certificates of such judgments with their seals affixed, will therefore be admitted in evidence without further proof. 5 Cranch, 335; 3 Conn. R. 171.

best testimony or proof is required, for no proof will be received which pre-supposes better testimony attainable by the party who offers it. When the best testimony cannot be obtained, secondary evidence will be received. 2 Cranch, 237. Authenticated copies of written laws and other public documents must be produced when they can be procured; but should 2. A judgment rendered in a for- they be refused by the competent eign country by a court de jure, or authorities, then inferior proof may even a court de facto, 4 Binn. 371, be admissible. Ib. When our own in a matter within its jurisdiction, government has promulgated a forwhen the parties litigant had been eign law or ordinance of a public notified and had had an opportunity nature as authentic, that is held sufof being heard, either establishing a ficient evidence of its existence. I demand against the defendant or dis- Cranch, 38; 1 Dall. 462; 6 Binn. charging him from it, is of binding 321; 12 Serg. & Rawle, 203. When force. 1 Dall. R. 191; 9 Serg. & foreign laws cannot be proved by Rawle, 260; 10 Serg. & Rawle some mode which the law respects 240; 1 Pet. C. C. R. 155. As to as being of equal authority to an the plea of the act of limitation to a oath, they must be verified by the suit on a foreign judgment, see Bac. sanction of an oath. The usual Ab. h. t.; 2 Vern. 540; 5 John. R. modes of authenticating them are by 132; 13 Serg. & Rawle, 395. an exemplification under the great For the manner of proving a judg-seal of a state; or by a copy proved ment obtained in a sister state; see the article Authentication. For the French law in relation to the force of foreign judgments, see Dalloz, Dict. mot Etranger, art. 6.

FOREIGN LAWS, evidence, the laws of a foreign country. They will be considered with regard to, 1, the manner in which they are to be proved; 2, their effect when proved.

1. The courts do not judicially take notice of foreign laws, and they must therefore be proved as facts. Cowp. 174; 3 Esp. C. 163; 3 Campb. R. 166; 2 Dow. & Clark's R. 171; 1 Cranch, 38; 2 Cranch, 187, 236, 237; 6 Cranch, 274; 2 Harr. & John. R. 193; 3 Gill & John. R. 234; 4 Conn. R. 517; 4 Cowen, R. 515, 516, note; Pet. C. C. R. 229; 8 Mass. R. 99; 1 Paige's R. 220; 10 Watts, R. 158. The manner of proof varies according to circumstances; as a general rule the

by oath to be a true copy; or by a
certificate of an officer authorised by
law, which must, itself, be duly au
thenticated. 2 Cranch, 238; 2
Wend. 411; 6 Wend. 475; 5 Serg.
& Rawle, 523; 15 Serg. & Rawle,
84; 2 Wash. C. C. R. 175. For-
eign unwritten laws, customs and
usages, may be proved, and are ordi-
narily proved by parol evidence; and
when such evidence is objected to on
the ground that the law in question
is a written law, the party objecting
must show that fact. 15 Serg. &
R. 87; 2 L. R. 154. Proof of such
unwritten laws is usually made by
the testimony of witnesses learned in
the law, and competent to state it
correctly under oath. 2 Cranch, 237;
1 Pet. Č. C. R. 225; 2 Wash. C. C.
R. 175; 15 Serg. & R. 84; 4 John.
Ch. R. 520; Cowp. 174; 2 Hagg.
R. App. 15 to 144. In England
certificates of persons in high autho-

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