英文法律词典 F-13

FEES, compensation. Certain perquisites¹ allowed by law to officers concerned in the administration of justice, or in the performance of duties required by law, as a recompense for their labor² and trouble. Bac. Ab. h. t.; Latch³, 18.

2. The term fees differs from costs in this, that the former are, as above mentioned, a recompense to the officer for his services, and the latter, an indemnification to the, party for money laid out and expended⁴ in his suit. 11 S. & R. 248; 9 Wheat. 262; See 4 Binn. 267. Vide Costs; Color of office; Exaction⁵; Extortion.

FEIGNED⁶ ACTION, practice. An action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ⁷ are true; it differs from false action, in which case the words of the writ are false. Co. Litt. 361, sect⁸. 689. Vide Fictitious⁹ action.

FEIGNED issue, pract. An issue brought by consent of the parties, or the direction of a court of equity¹⁰, or such courts as possess equitable¹¹ powers, to determine before a jury some disputed matter of fact, which the court has not the power or is unwilling¹² to decide. 3 Bl. Com. 452; Bouv. Inst. Index, h. t

FELO DE SE, criminal law. A felon¹³ of himself; a self-murderer.

2. To be guilty of this offence, the deceased must have had the will and intention of committing it, or else be committed no crime. As he is beyond the reach of human laws, he cannot be punished; the English law, indeed, attempts to inflict¹⁴ a punishment by a barbarous burial of his body, and by forfeiting¹⁵ to the king the property which he owned, and which would belong to his relations. Hawk¹⁶. P. C. c. 9; 4 Bl. Com. 189. The charter of privileges granted by William Penn to the inhabitants of Pennsylvania, contains the following clause: "If any person, through temptation or melancholy¹⁷, shall destroy himself, his estate, real and personal, shall, notwithstanding, (descend to his wife and children, or relations, as if he had died a natural death."

FELON, crimes. One convicted and sentenced for a felony.

2. A felon is infamous¹⁸, and cannot fill any office, or become a witness in any case, unless pardoned, except in cases of absolute necessity, for his own preservation¹⁹, and defence; as, for example, an affidavit²⁰ in relation to the irregularity of a judgment²¹ in a cause in which he is a party. 2 Salk. R. 461; 2 Str. 1148;. Martin's R. 25; Stark²². Ev. part 2, tit. Infamy²³. As to the effect of a conviction in one state, where the witness is offered in another, see 17 Mass. R. 515 2 Harr. & McHen. R. 120, 378; 1 Harr. & Johns. R. 572. As to the effect upon a copartnership by one of the partners becoming a felon, see 2 Bouv. Inst. n. 1493.

FELONIOUSLY, pleadings. This is a technical word which must be introduced into every indictment²⁵ for a felony, charging the offence to have been committed feloniously; no other word, nor any circumlocution²⁶, will supply its place. Com. Dig. Indictment, G 6; Bac. Ab. Indictment, G 1; 2 Hale, 172, 184; Hawk. B. 2. c. 25, s. 55 Cro. C. C. 37; Burn's Just. Indict²⁴. ix.; Williams' Just. Indict. iv.-, Cro. Eliz. 193; 5 Co. 121; 1 Chit. Cr. Law, 242.