( 655 ) c. 45. the four seas the day it was levied. 4 Co. nostre brefe; we will make our writ. Britt. 125. Within the four seas is as much as to say, within the jurisdiction of the king of England. 2 Inst. 253. L. Fr. [from faire, q. v.] Shall do or make. Et que le fra; and whoever shall do so. Stat. Westm. 1, c. 26. Frons recipit lex. Lofft's R. Appendix 572. Therefore, where an act is to be done, as money to be paid on a certain day, it is sufficient if it be paid at any time during the day, that is, before twelve o'clock at night. 2 Bl. Com. 141. The law, however, does admit of the fraction of a day in certain cases, where it is necessary to distinguish for the purposes of justice, [as where two acts are done on the same day, and it is important to show which was actually done first ;] and according to Lord Mansfield, an hour may admit of a similar division, where it is necessary, and can be done, for it is not like a mathematical point which cannot be divided. 3 Burr. 1434. Sce 4 Kent's Com. 95, note. 11 Howard's R. 411. (656) an absolute right to real estate, as dislaw. Id. 459. See 2 Hilliard's Real tinguished from a tenure. Brande. In Prop. 45-74. old French law, it is often simply called aleu, or alleu. Esprit des Lois, liv. 31, c. 8. See Alleu. (657) ibid. cos; before twelve good free Salic men. pressly reserved by the statute 12 Car. II. Spelman. Form. Solenn. c. 168, cited c. 24. Id. 101. See Eleemosyna. "Frank almoign or lay fee," was a common issue in the old books. Yearb. T. 1 Edw. II. 11. (658) not deemed to be othesworth, (that is, not worthy of making oath,) nor allowed to give testimony. Perpetuam infamiam incurrant, et legem terræ amittant, et ita quod nunquam postea ad sacramentum admittantur, quia de cætero non erunt othesworth, nec ad testimonium recipientur. Bract. fol. 292 b. This was one of the punishments of jurors who had been convicted of perjury. Id. ibid. See Amittere liberam legem, Othesworth, Liber et legalis homo, Law-worth. ***This term has been very generally defined, "the privilege of the law's protection," and "the benefit of the free and common law of the land." Holthouse. Wharton's Lex. But that it had a more particular and determinate meaning is clear both from the testimony of the ancient writers, and from the peculiar signification of the word law, which, from a very early period, denoted an oath, or the taking or making of an oath; as in the common expressions wager of law, and making law. A lawful man, (legalis homo,) was one who was competent to be sworn as a juror or witness; and the word lawful is used in this sense in jury process, to this day. 3 Bl. Com. 340, 341, 352. See Lawworth. (659) or deceive another; (omnem calliditatem, fallaciam, machinationem ad circumveniendum, fallendum, decipiendum alterum adhibitam.) Dig. 4. 3. 1. 2. Id. 2. 14. 7. 9.-Every kind of artifice made use of by one person for the purpose of deceiving another; (toute espece d'artifice, dont quelque un se sert pour entromper un autre.) Pothier, Traite des Oblig. part 1, c. 1, sec. 1, art. 3, § 3. Both these definitions are quoted with approval by Mr. Justice Story, who observes of the former, "This definition is, beyond doubt, sufficiently descriptive of what may be called positive, actual fraud, where there is an intention to commit a cheat or deceit upon another, to his injury. But it can hardly be said to include the large class of implied or constructive frauds which are within the remedial jurisdiction of a court of equity. Fraud, indeed, in the sense of a court of equity, properly includes all acts, omissions and concealments which involve a breach of legal or equitable duty, trust or confidence justly reposed, and are injurious to another, or by which an undue and unconscientious advantage is taken of another." 1 Story's Equity Jur. § 187. See 2 Kent's Com. 483, note. The difficulty of giving any precise definition of fraud has been frequently admitted. See observations of Ware, J. 3 Story's R. 611, 634. See Jeremy's Equity Jurisd. 383, and the opinion of Lord Chancellor Hardwicke, in Chesterfield v. Janssen, in which the different species of frauds against which equity will give relief, were classified. 2 Vesey, 125. 1 White's Equity Cases, 344. As to fraud in sales or mortgages of chattels, see 2 Kent's Com. 512 -532, and notes. As to fraud in voluntary assignments for the benefit of creditors, see Id. 532-536. Burrill on Assignments, chap. xxxii.