Page:Black's Law Dictionary (Second Edition).djvu/506

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


FILICETUM. In old English law. A ferny or bracky ground; a place where fern

grows. Co. Litt. 41); Shep. Touch. 95. FILIOLIJS. In old records. A godson.

Speimnn. FILIU5. Lat. A son; a child.

_A distinction was sometimes made, in the t-iril luiv, hetheen "filii" and "li'bcr5,"' the latter word including grandchildren, (neputea) the fiirmer not. Inst 1, 14. 5. But, according to l'iul_us and Juhanus they were of equally ex- l'l[l}!~‘lV|‘ import Dig 50. 16, 34; Id. 50, 16. _ >

-Filing familias. In the civil law. The son of a family; an unemanripated son. Inst. 2. 12. pr.: 5. 2: Story, Conn. Laws, § 61. —-- _ us lnulieratns. In old English law. The oldest le,:ilimnte- son of a woman, wiio pre- \Iuusl_i linil an illegitimate son by his father. (ilunv lib. ‘i. c 1. Dllieiwise ("lll(‘( “m-ulin-." 2 Hi. ('umm. ‘3-1S.—Filius nulli s. The son of nobody: I‘. 9.. u bast7iril.—1" "us populi. A son of the people; a natural child.

Filiu: est nomen naturie, sad line:-el nomen jlu-is. 1 Sid. 193. Sun is a name of nature, but heir is a name of law.

Filins in utero mntris est pan visce- rnm lnntris. 7 Coke. B. A son in the mother's uoinb is part of the mother’s Vitals.

FILL. To make full; to complete; to satisfy or fulfill; to possess and perform the duties or.

The election of a person to an office constitutes the esstnce of his appointment; but the oilice cnnnoi be considered us actually filled un- iil his acceptance, either exp ss or implied. giilinstun v. Wilson, 2 N. H. 202. 9 Am. Dec. ul

Where one subscribes for shaies in a corpo- ration. agreeing to "take and fill" a certain number of shares, msiiinpsit will lie against him to recrlvor an ussessment on his shares; the word "fiil." in this connection, amounting to a promise to pay nssussmcnts. Bangor Bridge Co. v. l\lc\iahou, 10 Me. 478.

To fill it prescription is to furnish, prepare, and combine the requisite mnterials in due pro- portion as prescribed. Ray v. Burbank. 61 Ga. 54h‘), 3-1 Am. Rep. 103.

FILLY. A young mare: a female colt. An indictment charging the theft of a “filly" is not sustained by proof of the larceny of a "mare" Luusford v. State, 1 Tex. App. 448, 28 Am. Rep. 414.

FILUM. Lat In old practice. A tile; 1. c., a thread or wire on which papers were strung, that being the ancient method of filing.

An imaginary thread or line passing through the middle or a stream or road, as in the following phrases:

—Filum nqure. A thrend of water; a line of water; the middle line of a stream of water, supposed to dnide it into two equal parts, and constituting in many cases the boundary hetvieen the ripnrian proprietors on each side. Ingraham v. Wilkinson, 4 Pick. (Mass.) 273, 16 Am. Dec. 342—Filum fox-estiae. The border of the forest. 2 Bi. (‘omm. 419: 4 inst. 303. —I-‘ilum wine. The thread or middle line of u



road. An imaginary line drawn throuh the middle of in road, and constituting the boundary between the owners of the land on each side. 2 Smith, Lead. Cos. (Am. Ed.) 98, note.

FIN. Fr. An end, or limit; a iiinltation, or period of limitation.

FIN DE NON RECEVOIR. In French law. An exception or plea founded on law, \'.Vlli(l.|, without entering into the merits of the action. shows that the plnintifi has no right to bring it, either because the time during which it ought to have been brought has elapsed, which is called “1u-eseii;-tiou," or that there has been :1 compromise, :lK.'()l'll and satisfaction, or any other cause which has destroyed the right of action which ante sub- sisted. Poth. Prue. Civile, pt. 1, c. 2, § 2. art. 2.

FINAL. Definitive; terminating; completed; iast. In its use in jurisprudence, this word is generally contrasted with "lulerlocutory." Johnson v. New York, 48 I-lun, (710. 1 N. Y. Supp. 254; Garrison v. Dougherty, l8 S. C. 488; Rondeau v. Beaumette, 4 iillnn 224 (Gll. 163); Blending v. Sayies, 23 R. l. 226, 49 Ati. 992.

—-Final. decision. One from which no appeal or writ of error can be taken. Rniii y (Jo. v. Gillespie. 158 Ind. 454. 63 N. E. 34- im: r. Snyles. 23 _ 1. ii. 49 Ati. 12 Final disposition. When it is said to be cs ' to the walitlity of on award that it should make B. “final disposition" of the matters embraced in the submission, this term means such a disposition that nothing further remains to fix the rights and obligations of the parties, and no further controversy or litigation is required or can arise on the matter. It is such un nwiird that the party against whom it is made cnu peifurm or pay it without any further ascertainment of rishts or duties. Colcord v. Fletcher. 50 Me. 40‘l.—Flna.1 hearing. This term des notes the trial of an equity case upon the meri ., as distinguished from the hearing of any reliminary questions arising in the cause. which are termed "interlocutory." Smith 1'. W. I7. Tel. Co. (C. C.) 31 Fed. ‘.743: Akerly v. Viins. 24 Wis. 171, 1 Am. Rep. 166: Gaipin v. Critchlow. 112 Mass. 343, i7 Am Rep. 176.- Final passage. In parliamentary law. The iinnl passage of a bill is the vote on its passage in either house of the legishture. after it has received the prescribed number of readings on us many different days in that house. State v. ‘Buckley. 54 Ala. 613.

As to final “Costs,” "Decree." “Judgment," “Injunction,” “Order,” “Process.” “Recorery." "Sentence," and “settlement," see those titles.

FINALIS GONCORDIA. A final or cocnlusive agreement. In the process of “levying a line," this was a flnal agreement entered by the litigating parties upon the record, by permission of court, settling the title to the land, and which was binding upon them like any judgment of the court. 1 Washh. Real Prop. '70.

FINANCES. The public wealth of a state

or government, considered either statically