Imatges de pàgina
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shape of a long roll, and a person in buying bread of that description. would not expect to get the weight so accurately as if he were buying a Household loaf. Then, taking that view of the matter, and seeing that it was more according to the shape of loaf than anything else, the Legislature, it seems to me, enacted that bread should be sold by weight, i.e., all ordinary bread; and then it was provided that nothing should prevent any baker selling bread usually sold' under the denomination of French or Fancy Bread or Rolls' without previously weighing the same. My opinion is that that meant such bread as, at the time the legislature passed the Act, was sold under the denomination of French or Fancy Bread,' which, I think, as a matter of fact, bore these different shapes which have been referred to " (per Blackburn, J., Aërated Bread Co. v. Grigg, 42 L. J. M. C. 119; L. R. 8 Q. B. 355; 37 J. P. 388; 28 L. T. 187; an opinion acquiesced in by the whole Court and therein dissenting from the opinion that it is the exceptional quality of the bread which constitutes it "French or Fancy" which had been given by the majority of the Court, Lush & Hayes, JJ., Hannen, J., diss., in R. v. Wood, 38 L. J. M. C. 144; L. R. 4 Q. B. 599; 33 J. P. 823).

Tinned Loaves, made crusty all round but with same ingredients as ordinary bread, except that carbonic acid gas is forced into it, is not "French or Fancy Bread" within the section (Aërated Bread Co. v. Grigg, sup.).

V. BY WEIGHT.

FREQUENT: FREQUENTING.-To "frequent" a place is to frequently go there, or to be in the habit of going there, e.g., to frequent a public-house. Therefore a conviction cannot be sustained under the Vagrant Act (5 G. 4, c. 83, s. 4), for "frequenting " a street, &c., with intent to commit felony, where the evidence does not show that the person has been there more than once (R. v. Clark, 54 L. J. M. C. 66; 14 Q. B. D. 93; 52 L. T. 136; 33 W. R. 226; 49 J. P. 246; 1 Times Rep. 109). "He must in fact be seen hanging about the street" (per Grove, J., Ib.). V. FOUND.

To "frequent a Market," seems to mean the principal market in which the person deals (Stephens v. Derry, 16 East, 147: Reeves v. Stroud, 1 Dowl. P. C. 399 Double v. Gibbs, 1 Dowl. P. C. 583; 2 L. J. Ex. 87: Jenks v. Taylor, 5 L. J. Ex. 263; 1 M. & W. 578).

FRESH FORCE.-V. Termes de la Ley.

FRESH STEP.-An Appearance to a Writ, is a "Fresh Step" within R. S. C., Ord. 70, R. 2 (Mulckern v. Doerks, 53 L. J. Q. B. 526; 51 L. T. 296, 429; 33 W. R. 14).

FRESH SUIT.-V. Termes de la Ley.

FRESH TAXES,-A covenant in a Lease to pay "all Fresh Taxes,"

would seem, primarily, to mean all new taxes (Watson v. Atkins, 3 B. & Ald. 647).

FRIEND. In a contract of sale for "my Friend," the Vendor is not sufficiently described; V. PROPRIETOR.

FRIENDS AND RELATIONS.-A Power to Appoint amongst "Relations and Friends," or "Relations or Friends," is the same as one to RELATIONS (Gower v. Mainwaring, 2 Ves. sen. 87, 110: Sug. Pow. 654 Re Caplin, 34 L. J. Ch. 578; 2 Dr. & Sm. 527).

"The next and most faithful Friends " to whom Administration is to be granted, 31 Edw. 3, st. 1, c. 11, means "next-of-blood" (Hersloe's Case, 9 Rep. 39 b); and property directed by Will to "revert" to "my Friends" will go to the testator's kindred,—either his heirs-at-law or next-of-kin— (Coogan v. Hayden, 4 L. R. Ir. 585). In that case, Dowse, B., citing Schmidt's Shakespeare Lexicon, p. 456, said, "Friends" is sometimes used for "near Relations, particularly parents."

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FRIPERER." Friperer' is used, 1 Jac. c. 21, for a kind of Broker " (Termes de la Ley).

FRITH.-V. FRYTHE.

FRIVOLOUS OR VEXATIOUS.-As to this phrase as used in Ord. 25, R. 4, R. S. C.; V. Darlow v. Scratton, 29 S. J. 131: Metropolitan Bank v. Pooley, 10 App. Ca. 210; 54 L. J. Q. B. 449: Willis v. Beauchamp, 11 P. D. 63: Burstall v. Beyfus, 26 Ch. D. 35; 53 L. J. Ch. 565: Lawrance v. Norreys, 39 Ch. D. 213: man, 58 L. J. Q. B. 40 : Barrett & Elers, Limd. v. Day, Times, 5 Feb. 1890.

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32 W. R. 418; Mittens v. Fore

FROM. When an act has to be done " from or "within" two times, e.g. "from 6 to 8 weeks," the time for doing it is some period fairly between those times (per Brett, J., Ashworth v. Redford, 43 L. J. C. P. 58 ; nom. Ashforth v. Redford, L. R. 9 C. P. 22).

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V. AFTER AT AND FROM: FROM THE DAY OF THE DATE: SAY. A bequest to a Class "from S. downwards," includes S. (Lett v. Osborne, 51 L. J. Ch. 910).

FROM AND AFTER.-The expression "From and after the death" is "generally regarded as being equivalent merely to Remainder'" (1 Jarm. 816, commenting on Andrew v. Andrew, 45 L. J. Ch. 232; 1 Ch. D. 410 : Vf. Jull v. Jacobs, 3 Ch. D. 703, 713: Ferguson v. Ferguson, 17 L. R. Ir. 560 Re Jobson, 34 S. J. 155 : 1 Jarm. 806).

"From and after" death, controlled by context in Rhodes v. Rhodes, 51 L. J. P. C. 53; 7 App. Ca. 192.

It is said that under a reversionary lease, which incorrectly recites an existing lease to A., habendum "from and after the said lease," the term

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commences immediately; but that if it were "from and after the lease to A.," the term commences on expiration of lease to A. (Elph. 139, wh. Vf.).

V. AFTER first par. AT: AT AND FROM.

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FROM ANY CAUSE WHATEVER.-As to effect of Condition of Sale giving interest if delay in completion take place "from any cause whatever;" V. Dart, 143, 144, 719–723.

FROM HENCEFORTH.-A lease to begin "From henceforth" or "From the making hereof," "shall begin in the day on which it is delivered, for the words of the Indenture are not of any effect till the deliverie, and thereby from the making, or from henceforth, take their first effect" (Co. Litt. 46 b). Vf. Llewelyn v. Williams, Cro. Jac. 258: Pope v. Skinner, Hob. 72 Clayton's case, 5 Rep. 1 a: Cornish v. Cawsy, Aleyn, 75; 2 Platt, 55.

Cp. FROM THE DAY OF THE DATE.

An enactment "from henceforth,' 'de cætero,' does not necessarily imply a new law; as may be seen upon the doubts arising on the Stat. Merton, c. 2" (Dwar. 685; Vf. Ib. Ch. 11).

FROM HIS WORK.-A man is not on his way "From his Work," within the meaning of the Rules of a Friendly Society, who after leaving his work goes to a public-house and there stays for 4 hours, and, getting drunk there, meets with an accident on his way home (Joyce v. Northumberland Miners' Society, 4 Times Rep. 525.)

FROM THE DAY OF THE DATE.-A term limited to commence" from the day of the date," or " from the date" of the instrument, or from a certain day, will be taken to include or exclude that day, according to the context and subject-matter (Williams v. Nash, 28 L. J. Ch. 886; 28 Bea. 93 Ammerman v. Digges, 12 Ir. C. L. Rep. App. i.: Elph. 124; 2 Platt, 54-57; Woodf. 150; and cases there cited: Vh. Co. Litt. 46 a). V. DATE.

"The general understanding is, that terms for years last during the whole anniversary of the day from which they are granted. Indeed, if this were otherwise, the last day, on which rent is almost uniformly made payable, would be posterior to the lease." (Per Denman, C. J., Ackland v. Lutley, 9 A. & E. 879; 8 L. J. Q. B. 164; 1 P. & D. 636). Cp. FROM HENCEFORTH.

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FROM THE DECK.-" Where a cargo was sold From the Deck,' it was held to mean that the seller should pay all that was necessary in order to enable the buyer to remove the cargo from the deck" (Benj. 638, citing Playford v. Mercer, 22 L. T. 41).

FROM TIME TO TIME.-"The words 'From time to time' are words which are constantly introduced where it is intended to protect a person who is empowered to act from the risk of having completely discharged

his duty when he has once acted, and therefore not being able to act again in the same direction." The meaning of the words "From time to time" is, that after once acting, the donee of the power may act again ;— and either independently of, or by adding to, or taking from or reversing altogether his previous act (per Ld. Penzance, Lawrie v. Lees, 51 L. J. Ch. 214; 7 App. Ca. 19. Vf. Re Sutton Coldfield Grammar School, 51 L. J. P. C. 8; 7 App. Ca. 91).

Expenses payable "from time to time," s. 81, Ry. C. C. Act. 1845; V. Whitehouse v. Wolverhampton Ry., L. R. 5 Ex. 6; 39 L. J. Ex. 1.

Va. Market Harborough v. Kettering, 42 L. J. M. C. 137; L. R. 8 Q. B. 308.

It seems to be considered that the words "from time to time," or "and so toties quoties," added to a covenant for renewal of a lease, creates the right to a perpetual renewal (1 Platt, 712, citing Furnival v. Crew, 3 Atk. 83; 9 Mod. 446: Iggulden v. May, 7 East, 242: Maxwell v. Ward, 11 Price, 3; 13 Ib. 674; McClel. 458: Atkinson v. Pilsworth, 1 Vern. & Scriv. 156. Sv. Baynham v. Guy's Hospital, 3 Ves. 295).

FRONT OF.-By a local Act power was given of rating to the extent of 18. per yard "of the length in front of" buildings. A county prison with its garden and grounds abutted at its entrance, at its back, and at both its sides on to public ways: held, that "the words in front of' mean that part of the gaol which would be frontage if there were doors and windows in it, and therefore that that part of the gaol which abuts on public ways in the front, back and sides of the gaol is to be considered liable to be rated" (per Pollock, C.B., Bedfordshire Jus. v. Bedford Improvement Commrs., 21 L. J. M. C. 227; 7 Ex. 658). Vf. Governors of Bedford Infirmary v. Bedford Improvement Commrs., 21 L. J. M. C. 229; 7 Ex. 768.

V. FRONTING.

FRONTING.-Premises "fronting, adjoining or abutting" on a street, and as such chargeable with expense of road-making under s. 150, P. H. Act, 1875, need not be absolutely contiguous (Wakefield v. Lee, 1 Ex. D. 336: Newport v. Graham, 9 Q. B. D. 183); but must have direct access thereto (Williams v. Wandsworth, 53 L. J. M. C. 187; 13 Q. B. D. 211: Lightbound v. Higher Bebington, 54 L. J. M. C. 130; 55 Ib. 94 ; 14 Q. B. D. 849; 16 Ib. 577).

V. BOUNDING FRONT OF FORMING: WITHIN.

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FROST.-V. DETENTION BY ICE.

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FRUIT." The term Fruit,' in legal acceptation, is not confined to the produce of those trees which in popular language are called fruit trees; but applies also to the produce of oak, elm, and walnut trees. In the old books the lessee is stated to have an interest in the trees in respect of the shade for cattle, and the fruit thereof " (per Bayley, J., Bullen v. Denning,

5 B. & C. 847). In Liford's Case (11 Rep. 48 a), it is laid down that the lessee shall have the young of all birds that breed in the trees and the fruits. Va. Berry v. Heard, Cro. Car. 242; Com. Dig. tit. Biens, H. Trees TREES.

FRUSTUM.-" Frustum signifieth a parcell" (Co. Litt. 5 b). In the 4th ed. Co. Litt., this word is spelt "frustrum."

FRYTHE." Frythe is a plaine betweene woods; and so is lawnd or lound" (Co. Litt. 5 b).

"Frith, or Frydd, (in Wales) a close: A.-G. v. Reveley, printed for private circulation (in Linc. Inn Library)" (Elph. 582).

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FUGITIVE CRIMINAL.-The Extradition Act, 1870 (33 & 34 V. c. 52, s. 26) defines a 'Fugitive Criminal" as "any person accused or convicted of an extradition crime committed within the jurisdiction of any foreign state, who is in or who is suspected of being in some part of her Majesty's dominions." The words italicised show that the idea of flight from justice is not necessarily involved; and accordingly, for the purposes of the statute, the phrase "fugitive criminal" includes a person who being in England (and not in any sense fleeing) commits an offence abroad,e.g., a false pretence by means of sending a letter ( R. v. Nillins, 53 L. J. M. C. 157).

FULFILLING.-V. DOING.

FULL.-V. IN FULL.

FULL AGE. “Full age,' regularly is one and twenty yeares" (Co. Litt. 78 b).

Quà Parliamentary Franchise; V. Hargreaves v. Hopper, 45 L. J. C. P. 105; 1 C. P. D. 195.

FULL AND COMPLETE CARGO.-V. CARGO.

FULL CONFIDENCE.-V. PRECATORY TRUST.

FULL CONSIDERATION.-" Full and Valuable Consideration" in Mortmain Acts, 9 G. 2, c. 36, s. 2, and now 51 & 52 V. c. 42, s. 4 (5) : V. interpretation, s. 10 (iv.), lastly cited Act; Vh. Tudor, Char. Trusts, 394, 395. Discharge of a burden on real estate in the event of the same being sold or charged "for a Full or Valuable Consideration; V. Redman v. Rymer, 5 Times Rep. 287.

V. VALUABLE.

FULL COSTS.-" Full Costs," 17 Car. 2, c. 17, s. 3, mean ordinary costs (Jamieson v. Trevelyan, 24 L. J. Ex. 74; 10 Ex. 748).

FULL DISCHARGE.-" Full Discharge" of a prisoner "from custody, without any adjudication," s. 37, 1 & 2 V. c. 110; V. Basham v. Smith, 22 Bea, 190.

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