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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 W532.5 Paris grains. The Paris inch is 1.065977 English inch.
Vide, generally, 1 Beck's Med. Jun 239; 2 Dunglison's Human Physiology, 391; Ryan's Med. Jun 137; 1 Chit. Med. Jur. 403; 1 Briand, Med. Leg. prem. partie, c. 4, art. 2; and the articles Birth; Dead Born ; Foeticide; 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.
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 right of folding. It is also used to denote the right of folding on another's land, which is called common foldage. Co. Litt. 6 a, note (1) ; W. Jo. 375; Cro. Car. 432; 2 Vent. 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
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, isa 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, rt et armis, he may be expelled immediately, without a previous request; for there is no time to make a request. 2 Salk. 641; 8 T. R. 78, 357. And see tit. Battery, § 2. When it is necessary to rely upon actual force in pleading, as in the case of a forcible entry, the words "menu forti," or "with a strong hand," should be adopted. 8 T. R. 357, 378; but in other cases, the words " rt 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. Ml, b. 162. a; 1 Saund. 81, 140, n. 4; 8 T. R. 78, 358; Bac. Abr. Trespass; this Diet. 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. 13; 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 unlawful taking. 2 Saund. 47, k. 1. 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 offence 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
offence. The party injured has two actions a criminal or a civil. The action is called actio inter dictum unde et. In French faction reintegrande, 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; lb. 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; lb. 340; 16 Johns. R. 141; 8 Cowen, 226; 1 Coxe's R. 258; lb. 260; 1 South. R. 125; 1 Halst. R. 396; 3 lb. 48; 4 lb. 37; 6 lb. 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 6c 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 of the land, under the direction of an officer of the court, in which case the proceeds are applied to the discharge of encumbrances, according to their privity. This practice has been adopted in Indiana, Kentucky, Maryland, South Carolina, Tennessee and Virginia. 4 Kent, Com. 1180. When it is the practice to foreclose without a sale, its severity is mitigated by enlarging the time of redemption from six months to six months, or for shorter periods, according to the equity arising from the circumstances. Ib. Vide 2 John. Ch. R. 100; 5 Pick. 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, regu-1 lated 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 dollars of Mexico, Peru, Chili, and Central America, of not less weight than four hundred and fifteen grains each, and those re-stamped in Brazil of the like weight, of not less fineness than ten ounces, fifteen pennyweights of pure silver, in the troy pound of twelve ounces of standard silver; and the five franc pieces of France, when of not less fineness than ten ounces and sixteen pennyweights in twelve ounces troy weight of standard silver, and weighing not less than three hundred and eightyfour grains each, at the rate of ninety-three cents each.
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 I 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 pasI 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 pennyweight; the gold coins of France of their present standand, at the rate of one hundred cents for every twenty-seven and a half grains, or eighty-seven and a quarter cents per pennyweight; and the gold coins of Spain of their present standard, at the rate of one hundred cents for every twenty-eight and a half grains, or eighty-four cents per pennyweight.
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 trial 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
denominations of money, in value as nearly as may be to the said rates, or the intrinsic value thereof, compared with money of the United States: Provided, That it shall be lawful for the president of the United States to cause to be established fit and proper regulations for estimating the duties on goods, wares, and merchandise, imported into the United States, in respect to which the original cost shall be exhibited in a depreciated currency, issued and circulated under authority of any foreign gov- ernment.
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, ni. 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 Crnnch, 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, .'135; 3 Conn. R. 171.
2. A judgment rendered in a foreign country by a court de jure, or even a court de facto, 4 Binn. 371, in a matter within its jurisdiction, when the parties litigant had been notified and had had an opportunity of being heard, either establishing a demand against the defendant or discharging him from it, is of binding force. 1 Dall. R. 191; 9 Serg. & Rawle, 260; 10 Serg. & Rawle 240; 1 Pet. C. C. R. 155. As to the plea of the act of limitation to a suit on a foreign judgment, see Bac. Ab. h. t.; 2 Vern. 540 ; 5 John. R. 132; 13 Serg. & Rawle, 395.
For the manner of proving a judgment obtained in a sister state; see the article Authentication. For the French law in relation to the force of foreign judgments, see Dalloz, Diet. 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. <fc John. R. 193; 3 Gill & John. R. 234; 4 Conn. R. 517; 4 Cowen, R. 515, 5J.6, 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
I best testimony or proof is required,
1 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 they be refused by the competent authorities, then inferior proof may be admissible. Ib. When our own government has promulgated a foreign law or ordinance of a public nature as authentic, that is held sufficient evidence of its existence. I Cranch, 38; 1 Dall. 462; 6 Binn. 321; 12 Serg. & Rawle, 203. When foreign laws cannot be proved by some mode which the law respects as being of equal authority to an oath, they must be verified by the sanction of an oath. The usual modes of authenticating them are by an exemplification under the great seal of a state; or by a copy proved by oath to be a true copy; or by a certificate of an officer authorised by law, which must, itself, be duly authenticated. 2 Cranch, 238; 2 Wend. 411; 6 Wend. 475; 5 Serg. & Rawle, 523; 15 Serg. & Rawle, 84; 2 Wash. C. C. R. 175. Foreign unwritten laws, customs and usages, may be proved, and are ordinarily 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. C. 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