Bouviers Law Dictionary 1856 Edition

FOEDUS - FOOT OF THE FINE

FOEDUS. A league; a compact.

FOENUS NAUTICUS . The name given to marine interest. (q. V.)

2. The amount of such interest is not limited by law, because the lender runs the risk of losing, his principal. Ersk. Inst. B. 4, t. 4, n. 76. See Marine Interest.

FOETICIDE, med. jur. Recently, this term has been applied to designate the act by which criminal abortion is produced. 1 Beck's Med. Jur. 288; Guy, Med. Jur. 133. See Infanticide; Prolicide.

FOETURA, civil law. The produce of animals, and the fruit of other property, which are acquired to the owner of such animals and property, by virtue of his right. Bowy. Mod. C. L. c. 14, p. 81.

FOETUS, med. jur. The unborn child. The name of embryo is sometimes given to it; but, although the terms are occasionally used indiscriminately, the latter is more frequently employed to designate the state of an unborn child during the first three months after conception, and by some until quickening. A foetus is sometimes described by the uncouth phrase of infant in ventre sa mere.

2. It is sometimes of great importance, particularly in criminal law, to ascertain the age of the foetus, or how far it has progressed towards maturity. There are certain signs which furnish evidence on this subject, the principal of which are, the size and weight, and the formation of certain parts as the cartilages, bones, &c. These are not always the same, much of course must depend upon the constitution and health of the mother, and other circumstances which have an influence on the foetus. The average length and weight of the foetus at different periods of gestation, as deduced by Doctor Beck, from various observers, as found by Maygrier, is here given.

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-          -     Beck.      -  Maygrier.    -    Beck.      -  Maygrier.    -
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-          -             Length.            -             Weight.           -
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-30 days.     -3 to 5 lines.   -10 to 12 lines.-  -9 to 10 grains.-
- 2 Months   -2 inches        -4 inches.            -2 ounces.          -5 drachms.     -
- 3   do.        -3€ inches.     -6 inches.            -2 to 3 ounces.    -2€ ounces.     -
- 4   do.        -5 to 6 inches.-8 inches.           -4 to 6 ounces.     -7 to 8 ounces. -
- 5   do.        -7 to 9 inches -10 inches.         -9 to 10 ounces.    -16 ounces.     -
- 6   do.        -9 to 12 inches-12 inches.        -1 to 2 pounds.      -2 pounds.      -
- 7   do.       -12 to 14 inches.-14 inches.      -2 to 3 pounds.     -3 pounds.      -
- 8   do.       -16 inches.      -16 inches.         -3 to 4 pounds.     -4 pounds.      -
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3. The discordance apparent between them proves that the observations which have been made, are only an approximation to truth.

4. It is proper to remark that the Paris pound poids de marc, which was the weight used by Maygrier, differs from avoirdupois weight used by Dr. Beck. The pouud poids de marc, of sixteen ounces, contains 9216 Paris grains, whilst the avoirdupois contains only 8532.5 Paris grains. The Paris inch is 1.065977 English inch. Vide, generally, 1 Beck's Med. Jur. 239; 2 Dunglison's Human Physiology, 391; Ryauls Med. Jur. 137; 1 Chit. Med. Jur. 403; I Briand, Med. Leg. prem. partie, c. 4, art. 2; and the articles Birth; Dead Born; Foeticide; In ventre sa mere; infanticide; Life; and Quick with child.

FOLCMOTE. The name of a court among the Saxons. It was literally an assembly of the people or inhabitants of the tithing or town, its jurisdiction extended over disputes between neighbors, as to matters of trespass in meadows, corn, and the like.

FOLD-COURSE, Eng. law. By this phrase is understood land used as a sheepwalk; it also signifies land to which the sole right of folding the cattle of others is appurtenant; sometimes it means merely such right of folding. It is also used to denote the right of folding on another's land, which is called common foldage. Co. Litt. 6 a, note 1; W. Jo. 375 Cro. Cal. 432; 2 Vent. 139.

FOLK-LAND, Eng. law. Land formerly held at the pleasure of the lord, and resumed at his discretion. It was held in villenage. 2 Bl. Com. 90.

FOOT. A measure of length, containing one-third of a yard, or twelve inches. See Ell. Figuratively, it signifies the conclusion, the end; as, the foot of the fine, the foot of the account.

FOOT OF THE FINE, estates, conveyancing. The fifth part of the conclusion of a fine. It includes the whole matter, reciting the names of the parties, day, year, and place, and before whom it was acknowledged or levied. 2 Bl. Com. 351.


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