FOLCMOTE. The name of a court among the Saxons. It was literally1 an assembly of the people or inhabitants of the tithing or town, its jurisdiction2 extended over disputes between neighbors, as to matters of trespass3 in meadows, corn, and the like.
FOLD-COURSE, Eng. law. By this phrase is understood land used as a sheepwalk; 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. Cal. 432; 2 Vent5. 139.
FOLK-LAND, Eng. law. Land formerly6 held at the pleasure of the lord, and resumed at his discretion7. It was held in villenage. 2 Bl. Com. 90.
FOOT. A measure of length, containing one-third of a yard, or twelve inches. See Ell. Figuratively, it signifies the conclusion, the end; as, the foot of the fine, the foot of the account.
FOOT OF THE FINE, estates, conveyancing. The fifth part of the 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 levied8. 2 Bl. Com. 351.
FOR THAT, pleading. It is a maxim9 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 recital10. "For that," is a positive allegation; "For that whereas," in Latin "quod cum," (q. v.) is a recital. Hamm. N. P. 9.
FORBEARANCE, contracts. The act by which a creditor11 waits for the payment of the debt due him by the debtor12, after it has become due.
2. 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.
3. The forbearance must be of some right which can be enforces with effect against the party forborne; if it cannot be so enforced by the party forbearing, he has sustained no detriment13, and the party forborne has derived14 no benefit. 4 East, 455 5 B. & Ald. 123. See 1 B. & A. 605 Burge on Sur. 12, 13. Vide Giving time. FORCE. A power put in motion. It is: 1. Actual; or 2. Implied.
2. - §1. If a person with force break a door or gate for an illegal purpose, it is lawful15 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 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 "manu forti," or with a strong hand should be adopted. 8 T. R. 357 358. But in other cases, the words "vi et armis," or " with force and arms," is sufficient. Id.
3. - §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. 1 Salk. 641; Co. Litt. 257, b; 161, b; 162, a; 1 Saund: 81, 140, n. 4 8 T: R. 78, 358; Bac. Ab. Trespass; this Dict. tit. Close. In the case of false imprisonment16, force is implied. 1 N. R. 255. And the same rule prevails where a wife, a daughter or servant, have been enticed17 away or debauched, though in fact they consented, the law considering them incapable18 of consenting. See 3 Wils. 18; Fitz. N. B. 89, 0; 5 T. R. 361; 6 East, 387; 2 N. R. 365, 454.
4. In general, a mere4 nonfeasance cannot be considered as forcible; for where there has been no act, there cannot be force, as in the case of the mere detention19 of goods without an unlawful taking. 2 Saund. 47, k 1. In general, by force is understood unlawful violence. Co. Litt. 161, b.; Bouv. Inst. Index, h. t. Vide Arms.
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