FIERI FECI, practice. The return which the sheriff, or other proper officer, makes to certain writs1, signifying, "I have caused to be made."
2. When the officer has made this return, a rule may be obtained upon him, after the return day, to pay the money into court, and if he withholds2 payment, an action of debt may be had on the return, or assumpsit for money had and received may be sustained against him. 3 Johns. R. 183.
FIFTEENTH, Eng. law. The name of a tax levied3 by authority of parliament for the use of the king, which consisted of one-fifteenth part of the goods of those who are subject to it. T. L
FIGURES, Numerals. They are either Roman, made with letters of the Alphabet, for example, MIDCCLXXVI; or they are Arabic, as follows, 1776.
2. Roman figures may be used in contracts and law proceedings4, and they will be held valid5; but Arabic figures, probably owing to the case with which they may be counterfeited6, or. altered, have been holden not to be sufficient to express the sum due on a contract; but, it seems, that if the amount payable7 and due on a promissory note be expressed in figures or ciphers8, it will be valid. Story on Bills, §42, note; Story, Prom. Notes, §21. Indictments9 have been set aside because the day or year was expressed in figures. 13 Vin Ab. 210; 1 Ch. Rep. 319; S. C. 18 Eng. Com. Law Rep. 95.
3. Bills of exchange, promissory notes, cheeks and agreements of every description, are usually dated with Arabic figures; it is, however, better to date deeds and other formal instruments, by writing the words at length. Vide l Ch. Cr. L. 176; 1 Verm. R. 336; 5 Toull. n. 336; 4 Yeates, R. 278; 2 John. R. 233; 1 How. Mis. 256; 6 Blackf., 533.
FIGURES OF SPEECH. By figures of speech is meant that manner of speaking or writing, which has for its object to give to our sentiments and, thoughts a greater force, more vivacity10 and agreeableness.
2. This subject belongs more particularly to grammar and rhetoric11, but the law has its figures also. Sometimes fictions come in aid of language, when found insufficient12 by the law; language, in its turn, by means of tropes and figures, sometimeslends to fictions a veil behind which they are hidden; sometimes the same denominations13 are preserved to things which have ceased to be the same, and which have been changed; at other times they lend to things denominations which supposed them to have been modified.
3. In this immense subject, it will not be expected that examples should be here given of every kind of figures; the principal only will be noticed. The law is loaded with abstract ideas; abstract in itself, it has often recourse to metaphors15, which, as it were, touch our senses. The inventory16 is faithful, a defect is covered, an account is liquidated17, a right is open or closed, an obligation is extinguished, &c. But the law has metaphors which are properly its own; as civil fruits, &c. The state or condition of a man who has been deprived by the law of almost all his social prerogatives18 or rights, has received the metaphorical19 name of civil death. Churches being called the houses of God, formerly20 were considered an asylum21, because to seize a person in the house of another was considered a wrong. Mother country, is applied22 to the country from which people emigrate to a colony; though this pretended analogy is very different in many points, yet this external ornament23 of the idea soon became an integral part of the idea; and on the faith of this metaphor14, this pretended filiation became the source whence flowed the duties which bound the colonies to the metropolis24 or mother country.
4. In public speaking, the use of figures, when natural and properly selected, is of great force; such Ornaments25 impress upon the mind of the bearers the ideas which the speaker desires to convey, fix their attention and disposes them to consider favorably the subject of inquiry26. See 3 Bouv. Inst. n. 3243.
FILACER, FILAZIER, or FILZER, English law. An officer of the court of common pleas, so called because he files those writs on which he makes out process. FILE, practice. A thread, string, or wire, upon which writs and other exhibits in courts and offices are fastened or filed. for the more safe keeping and ready turning to the same. The papers put together in order, and tied in bundles, are also called a file.
2. A paper is said to be filed, when it is delivered to the proper officer, and by him received to be kept on file. 13 Vin. Ab. 211.