FRANK, FREE. This word is used in composition, as frank-almoign, frank-marriage, frank-tenement, &c.

FRANK-ALMOIGN, old English law. This is a French law word, signifying free-alms.

2. Formerly¹ religious corporations, aggregate² or sole, held lands of the donor³, to them and their successors forever, in frank almoign. The service which they, were bound to render for these lands was not certainly defined; they were, in general, to pray for the souls of the donor; his ancestors, and successors. 2 Bl. Com. 101.

FRANK-MARRIAGE, English law. It takes place, according to Blackstone, when lands are given by one man to another, together with a wife who is daughter or kinswoman of the donor, to hold in frank-marriage. By this gift, though nothing but, the word frank-marriage is expressed, the donees shall have the tenements⁴ to them and the heirs of their two bodies begotten⁵ that is, they are tenants⁶ in special tail. It is called frank or free marriage, because the donees are liable to no service but fealty⁷. This is now obsolete⁸, even in England. 2 Bl. Com. 115.

FRANK-TENEMENT, estates. Same as freehold, (q. v.) or liberum tenementum.

FRATER. A brother. Vide Brother.

FRATRICIDE, criminal law. He who kills his brother or sister. The crime of such a person is also called fratricide.

FRAUD, TO DEFRAUD⁹, torts. Unlawfully, designedly, and knowingly, to appropriate the property of another, without a criminal intent.

2. Illustrations. 1. Every appropriation¹⁰ of the right of property of another is not fraud. It must be unlawful; that is to say, such an appropriation as is not permitted by law. Property loaned may, during the time of the loan, be appropriated to the use of the borrower. This is not fraud, because it is permitted by law. 2. The appropriation must be not only unlawful, but it must be made with a knowledge that the property belongs to another, and with a design to deprive him of the same. It is unlawful to take the property of another; but if it be done with a design of preserving it for the owners, or if it be taken by mistake, it is not done designedly or knowingly, and, therefore, does not come within the definition of fraud. 3. Every species of unlawful appropriation, not made with a criminal intent, enters into this definition, when designedly made, with a knowledge that the property is another's; therefore, such an appropriation, intended either for the use of another, or for the benefit of the offender¹¹ himself, is comprehended by the term. 4. Fraud, however immoral¹² or illegal, is not in itself a crime or offence, for want of a criminal intent. It only becomes such in the cases provided by law. Liv. System of Penal¹³ Law, 789.