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.
