英文法律词典 F-4

FAINT PLEADER. A false, fraudulent, or collusory manner of pleading, to the deception¹ of a third person. 3 E. I., c. 19.

FAIR. A privileged market.

2. In England, fairs are granted by the king's patent.

3. In the United States, fairs are almost unknown. They are recognized in Alabama; Aik. Dig. 409, note; and in North Carolina, where they are regulated by statute². 1 N. C. Rev³. St. 282. See Domat, Dr. Public, liv. 1, t. 7, s. 3, n. 1.

FAIR-PLAY MEN. About the year 1769, there was a tract⁴ of country in Pennsylvania, situate between Lycoming creek⁵ and Pine creek, in which the proprietaries⁶ prohibited the making of surveys, as it was doubtful whether it had or had not been ceded⁷ by the Indians. Although settlements were forbidden, yet adventurers settled themselves there; being without the pale of ordinary authorities, the inhabitants annually⁸ elected a tribunal, in rotation⁹, of three of their number, whom they denominated fair-play men, who had authority to decide all disputes as to boundaries. Their decisions were final, and enforeed by the whole community en masse. Their decisions are said to have been just and equitable¹⁰. 2 Smith's Laws of Pennsylvania 195; Serg. Land Laws, 77. "

FAlR PLEADER. This is the name of a writ¹¹ given, by the statute of Marlebridge, 52 H. III., c. ii. Vide Beau Pleader.

FAIT, conveyancing. A deed lawfully¹² executed. Com. Dig . h. t.; Cunn. Dictl. h. t.

FAITH. Probity¹³; good faith is the very soul of contracts. Faith also signifies confidence, belief; as, full faith and credit ought to be given to the acts of a magistrate¹⁴ while acting¹⁵ within his jurisdiction¹⁶. Vide Bona fide.

FALCIDIAN LAW, civil law, plebiscitum. A statute or law enacted¹⁷ by the people, made during the reign¹⁸ of Augustus, on the proposition of Falcidius, who was a tribune in the year of Rome 714.

2. Its principal provision gave power to fathers of families to bequeath three-fourths of their property, but deprived them of the power to give away the other fourth, which was to descend¹⁹ to the heir.

3. The same rule, somewhat modified, has been adopted in Louisiana; "donations inter²⁰ vivos or mortis causal" says the Civil Code, art. 1480, "cannot exceed two-thirds of the property of, the disposer, if he leaves at his decease a legitimate²¹ child; one-half, if he leaves two children; and one-third, if he leaves three, or a greater number."

4. By the common law, the power of the father to give his property is unlimited²². He may bequeath it to his children equally, to, one in preference to another, or to a stranger, in exclusion²³ of the whole of them. Over his real estate, his wife has a right of dower, or a similar right given to her by act of assembly, in, perhaps, all the states.