英文法律词典 F-38

FORUM¹. This term signifies jurisdiction², a court of justice, a tribunal.

2. The French divide it into for exterieur, which is the authority which human justice exercises on persons and property, to a greater or lesser³ extent, according to the quality of those to whom it is entrusted⁴; and for interieur, which is the moral sense of justice which a correct conscience dictates⁵. Merlin, Repert. mot For.

3. By forum res sitae is meant the tribunal which has authority to decide respecting something in dispute, located within its jurisdiction; therefore, if the matter in controversy⁶ is land, or other immovable property, the judgment⁷ pronounced in the forum res sitae is held to be of universal obligation, as to all matters of right and title on which it professes⁸ to decide, in relation to such property. And the same principle applies to all other cases of proceedings⁹ in rem, where the subject is movable property, within the jurisdiction of the court pronouncing the judgment. Story, Const. Laws, §§532, 545, 551, 591, 592; Kaims on Eq. B. 3, c. 8, s. 4 1 Greenl. Ev. §541.

FORWARDING MERCHANT, contracts. A person who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a compensation from the owners, but who has no concern in the vessels¹⁰ or wagons¹¹ by which they are transported, and no interest in the freight. Such an one is Dot deemed a common carrier, but a mere¹² warehouseman or agent. 12 Johns. 232; 7 Cowen's R. 497. He is required to use only ordinary diligence in sending the property by responsible persons. 2 Cowen's R. 593.

FOSSA, Eng. law. A ditch full of water, where formerly¹³ women who had committed a felony were drowned; the grave. Cowel, Int.

FOUNDATION. This word, in the English law, is taken in two senses, fundatio incipiens, and fundatio perficiens. As to its political capacity, an act of incorporation¹⁴ is metaphorically¹⁵ called its foundation but as to its dotation, the first gift of revenues is called the foundation. 10 Co. 23, a.

FOUNDLING. A new-born child, abandoned by, its parents, who are unknown. The settlement of, such a child is in the place where found.

FOURCHER, English law. A French word, which means to fork. Formerly, when an action was brought against two, who, being jointly¹⁶ concerned, mere not bound to answer till both appeared, and they agreed not to appear both in one day; the appearance of one, excused the other's default, who had a day given him to appear with the other: the defaulter, on the day appointed, appeared; but the first then made default; in this wanner¹⁷ they forked each other, and practiced this for delay. Vide 2 Inst. 250; Booth, R. A. 16.

FRACTION. A part of any thing broken. A combination of numbers, in arithmetic and algebra¹⁸, representing one or more parts of a unit or integer. Thus, four-fifths is a fraction, formed by dividing a unit into-five equal parts, and taking one part four times. In law, the term fraction is usually applied¹⁹ to the division of a day.

2. In general, there are no fractions in days. Co. Litt. 225 2 Salk. 625; 2 P. A. Browne, 18; II Mass. 204. But in some cases a fraction will be taken into the account, in order to secure a party his rights; 3 Chit. Pr. 111; 8 Ves. 80 4 Campb. R. 197; 2 B. & Ald. 586; Savig. Dr. Rom. §182; Rob. Dig. of Engl. Statutes²⁰ in force in Pennsylvania, 431-2 and when it is required by a special law. Vide article Date.