Fratricidal

Pertaining to fratricide. Fratricide, n. [Lat. fratricidium -frater, and cædo, to kill.] The crime of murdering a brother.-One who murders a brother. Frat'ta-Maggiore, a town 6 m. N.E. of the city of Naples, Italy. It rears great numbers of silk-worms, has extensive rope-walks, and furnishes great quantities of strawberries for the market at Naples. Pop . 9,000. Fraud, n . [Fr. fraude ; Sp. freude , from Lat. fraus , fraud is, a cheating, imposition. Etymol. uncertain.] A cheating; deceit; imposition; deception; trick; artifice by which the right or interest of another is injured; guile; subtlety; craft; wile; circumvention; stratagem; cheat. (Law.) All deceitful practices in defrauding, or endeavoring to defraud, another of his known right, by means of some artful device, contrary to the plain rules of common honesty. It is condemned by the common law, and punishable according to the heinousne of the offence. All frauds and deceits for which there is no remedy by the ordinary course of law, are properly cognizable in equity, and, indeed, constitute one of the chief branches of cases to which the jurisdiction of chancery was originally confined. There are few cases of fraud that are not cognizable by equity, though in most cases the courts of law have a concurrent jurisdiction. Where a fraud can be clearly established, courts of law exercise a concurrent jurisdiction with courts of equity. Wherever fraud or surprise can be imputed to, or collected from, the circumstances, equity will interpose and grant relief against it. It is impo ible to lay down any general rules that shall be applicable to all kinds of fraud, for they are innumerable and ever varying; the ingenuity of man ever finding out new modes of deceit and new means of avoiding detection. A fraudulent conveyance of lands or goods to deceive creditors is, as to creditors, void in law; and a fraudulent conveyance to deceive purchasers is also to such purchasers void. Where a person is party to a fraud, all that follows by reason of that fraud shall be said to be done by him. A party prejudiced by a fraud may file a bill in equity for a discovery of all its circumstances. Mere inadequacy of price alone is not a ground for a court to annul an agreement; but if there be such inadequacy as to show that the person did not understand the bargain he made, or was so oppre ed that he was glad to make it, knowing its inadequacy, it will show a command over him which may amount to a fraud. If a person be fraudulently prevented from doing an act, equity will consider the act as done; and equity also relieves against bargains made under misconception of rights. In treaties, concealment of a material fact by one of the parties, in order to keep the other in ignorance, whereby to profit, is a gro fraud, and the contract will be set aside in equity. Suppre io ver i (suppre ion of truth), suggestio falsi (suggestion of falsehood), in solemn conveyances, releases, or agreements, will afford a sufficient ground for setting them aside. Constructive fraud is applied to such acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate a positive fraud, or injury upon other persons, yet, by their tendency to deceive or mislead other persons, or to violate public or private confidence, or to impair or injure the public interests, are deemed equally reprehensible with positive fraud, and are prohibited by law, as within the same reason and mischief as acts and contracts done malo animo. Gro criminal frauds are punishable by way of indictment or information; such as playing with false dice, causing an illiterate person to execute a deed to his prejudice, . For these, and such-like offences, the party may be punished with fine and imprisonment. Frauds are not indictable at common law unle they be such as affect the public, -as vending unwholesome provisions, or using false weights or measures; or by way of conspiracy; or unle they affect the crown or the administration of justice.