Second to the white pine among the coniferous lumber trees of the Northern forest is the hemlock (Tsuga canadensis). It is used chiefly for construction purposes and furnishes a comparatively low grade of lumber.
The spruce (Picea rubens) is used chiefly for lumber, but it is in large and increasing demand in the manufacture of paper pulp. For the latter purpose hemlock, poplar (Populus tremuloidesandP. grandidentata) and several other woods are also employed, but on a smaller scale. The total consumption of wood for paper in the United States for 1906 was 3,660,000 cords, of which 2,500,000 was spruce. Of this, however, 720,000 cords were imported from Canada.
2. The chief product of the Southern forest is the yellow pine. This is the collective term for the longleaf, shortleaf, loblolly and Cuban pines. Of these the longleaf pine (Pinus palustrisMill.), called pitch-pine in Europe, is the most important. Its timber is probably superior in strength and durability to that of any other member of the genusPinus, and in addition to its value as a timber tree it is the source of naval stores in the United States. The average size of the mature longleaf pine is 90 ft. in height and 20 in. in diameter. Shortleaf (Pinus echinata) and loblolly (P. taeda) are other important members of this group. Their wood very closely resembles that of the longleaf pine and is often difficult to distinguish from it. The trees are also of about the same size and height. Loblolly is, however, of more rapid growth. The total cut of yellow pine in 1906 was 11,661,000,000 board ft.; it has perhaps not yet reached its maximum, but is certainly near it.
Another important coniferous tree of the Southern forest is the bald cypress (Taxodium distichum), which grows in the swamps. The cut in 1906 was 839,000,000 board ft., a gain of 69% over 1899.
3. But the great supply of coniferous timber is now on the Pacific Coast. The Douglas fir (Pseudotsuga taxifolia), also known as Douglas spruce, red fir and Oregon pine, is the foremost tree in Oregon and Washington, and the redwood in California. When mature the Douglas fir averages 200 ft. in height and 4 ft. in diameter, and the redwood 225 ft. in height and 8 ft. in diameter. Other important trees of the Pacific Coast are sugar pine (Pinus lambertiana), western red cedar (Thuja plicata), western larch (Larix occidentalis), Sitka spruce (Picea sitchensis), western hemlock (Tsuga heterophylla) and western yellow pine (Pinus ponderosa). These treeswillall be of increasing importance.
Logging on the Pacific Coast is characterized by the use of powerful machinery and by extreme skill in handling enormous weights. This is especially true in California, where the logs of redwood and of the big tree (Sequoia Washingtoniana) are often more than 10 ft. in diameter. Logging is usually done by wire cables operated by donkey-engines. The journey to the mill is usually by rail. The mills are often of great size, built on piles over tide water and so arranged that their product is delivered directly from the saws and dry kilns to vessels moored alongside. The products of the Pacific Coast forest make their way over land to the markets of the central and eastern states and into foreign markets. Among the lumber-producing states, Washington has in seven years jumped from fifth place to first, and its output has increased from 1,428,000,000 board ft. in 1899 to 4,305,000,000 ft. in 1906. Oregon and California have increased their output from 734,000,000 each in 1899 to 1,605,000,000 and 1,349,000,000 ft. respectively in 1906. Of the total output of these three states (7,259,000,000 ft.) 4,880,000,000 ft. is Douglas fir and 660,000,000 redwood.
4. The important lumber trees of the Rocky Mountain forest are the western yellow pine, the lodgepole pine, the Douglas fir and the Engelmann spruce. The Douglas fir, here extremely variable in size and value, reaches in this region average dimensions of perhaps 80 ft. in height by 2 ft. in diameter, the western yellow pine 90 ft. by 3 ft. and the Engelmann spruce 60 ft. by 2 ft. Mining, railroad and domestic uses chiefly absorb the annual timber product, which is considerable in quantity, and of vast importance to the local population. The lumber output of the Rocky Mountain region is, however, increasing very rapidly both in the north and in the south-west. One of the largest mills in the United States is in Idaho.
The following table summarizes the cut of the important coniferous species during the years 1899-1906:Kind.1899.1904.1906.Per Cent Increase(+) or Decrease(−) since 1899.Millionft.Millionft.Millionft.Yellow Pine9,65911,53311,661+ 20.7Douglas Fir1,7372,9284,970+ 186.2White Pine7,7425,3334,584− 40.8Hemlock3,4213,2693,537+ 3.4Spruce1,4481,3041,645+ 13.6Western Pine9441,2791,387+ 46.9Cypress496750839+ 69.3Redwood360519683+ 83.2Cedar233223358+ 53.726,04027,13829,664+ 14
The following table summarizes the cut of the important coniferous species during the years 1899-1906:
Hardwoods.—The hardwood supply of the country is derived almost entirely from the eastern half of the continent, and comes from each of the three great Eastern forest regions.
The following table shows the cut of the important species of hardwoods for 1899 and 1906:Kind.1899.1906.Per CentIncrease (+)or Decrease (−).ThousandFeet.ThousandFeet.Oak4,438,0272,820,393− 36.5Maple633,466882,878+ 39.4Poplar1,115,242693,076− 37.9Red gum285,417453,678+ 59.0Chestnut206,688407,379+ 97.1Basswood308,069376,838+ 22.3Birch132,601370,432+ 179.4Cottonwood415,124263,996− 36.4Beech(a)275,661· ·Elm456,731224,795− 50.8Ash269,120214,460− 20.8Hickory96,636148,212+ 53.4Tupelo(a)47,882· ·Walnut38,68148,174+ 24.5Sycamore29,715(a)· ·All other208,50487,637− 58.0Total8,634,0217,315,491− 15.3aNot separately reported.
The following table shows the cut of the important species of hardwoods for 1899 and 1906:
Oak, which in 1899 furnished over half the entire output, has fallen off 36.5%. Yellow poplar, which in 1899 was second among the hardwoods, has fallen off 38% and now occupies third place; and elm, the great stand-by in slack cooperage, has fallen 50.8%. On the other hand less valuable species like maple and red gum have advanced 39 and 59% respectively.
The decrease is largely due to the fact that the hardwoods grow naturally on the better classes of soil, and in the easternUnited States where the population has always been the densest, and as a consequence of this, a large proportion of the original hardwood land has been cleared up and put under cultivation. The hardwood supply of the future must be obtained chiefly from the Appalachian region, where the conditions are less favourable to agriculture.
In addition to the lumber cut, enormous quantities of hardwoods are used each year for railroad ties, telephone and other poles, piles, fence posts and fuel, and there is a great amount of waste in the course of lumbering and manufacture.
Authorities.—Sargent,Silva of North America(Boston, 1891-1897),Manual of Trees of North America(Boston, 1903); Lemmon,Handbook of West American Cone-Bearers(San Francisco, 1895); Bruncken,North American Forests and Forestry(New York, 1900); Fernow,Economics of Forestry(New York, 1902); Pinchot,The Adirondack Spruce(New York, 1898); Pinchot and Graves,The White Pine(New York, 1896). See also the various publications of the U.S. forest service, including especially the following general works:Forest Influences;Primer of Forestry; theTimber Supply of the United States; theWaning Hardwood Supply;Forest Products of the United States in 1906;Exports and Imports of Forest Products in 1906;Federal and State Forest Laws;Regulations and Instructions for the Use of the National Forests;The Use of the National Forests; also part v. of theNineteenth and of the Twenty-first Annual Reports of the United States Geological Survey, and vol. ix. of the10th Census Report on the Forests of North America; andReportsof the State Forestry Commissions of New York, New Hampshire, Maine, Pennsylvania, Michigan, Ohio, &c., and of the State Geological Surveys of New Jersey, Maryland and North Carolina.
Authorities.—Sargent,Silva of North America(Boston, 1891-1897),Manual of Trees of North America(Boston, 1903); Lemmon,Handbook of West American Cone-Bearers(San Francisco, 1895); Bruncken,North American Forests and Forestry(New York, 1900); Fernow,Economics of Forestry(New York, 1902); Pinchot,The Adirondack Spruce(New York, 1898); Pinchot and Graves,The White Pine(New York, 1896). See also the various publications of the U.S. forest service, including especially the following general works:Forest Influences;Primer of Forestry; theTimber Supply of the United States; theWaning Hardwood Supply;Forest Products of the United States in 1906;Exports and Imports of Forest Products in 1906;Federal and State Forest Laws;Regulations and Instructions for the Use of the National Forests;The Use of the National Forests; also part v. of theNineteenth and of the Twenty-first Annual Reports of the United States Geological Survey, and vol. ix. of the10th Census Report on the Forests of North America; andReportsof the State Forestry Commissions of New York, New Hampshire, Maine, Pennsylvania, Michigan, Ohio, &c., and of the State Geological Surveys of New Jersey, Maryland and North Carolina.
(G. P.)
1The United States fiscal year ends June 30, and receives its designation from the calendar year in which it terminates. Thus, the fiscal year 1898 is the year July 1, 1897-June 30, 1898.2Administration transferred to Bureau of Forestry, February 1, 1905.3Woods waste includes tops, stumps, cull logs and butts, but does not include defective trees left or trees used for road purposes.4Mill waste includes bark, kerf, slabs and edgings.
1The United States fiscal year ends June 30, and receives its designation from the calendar year in which it terminates. Thus, the fiscal year 1898 is the year July 1, 1897-June 30, 1898.
2Administration transferred to Bureau of Forestry, February 1, 1905.
3Woods waste includes tops, stumps, cull logs and butts, but does not include defective trees left or trees used for road purposes.
4Mill waste includes bark, kerf, slabs and edgings.
FOREY, ÉLIE FRÉDÉRIC(1804-1872), marshal of France, was born at Paris on the 5th of January 1804, and entered the army from St Cyr in 1824. He took part in the earlier Algerian campaigns, and became captain in 1835. Four years later he was given command of a battalion ofchasseurs à piedand in 1844 he became colonel. At the Revolution of 1848 Cavaignac made him a general of brigade. He took an active part in thecoup d’étatof the 2nd of December 1851, and Napoleon III. made him a general of division shortly afterwards. He held a superior command in the Crimean War, and in the Italian campaign of 1859 distinguished himself very greatly in the action of Montebello (20th May). In 1862 Forey was placed in command of the French expeditionary corps in Mexico, with the fullest civil and military powers, and he crowned a successful campaign by the capture of Mexico city in May 1863, receiving as his reward the marshal’s bâton. From December 1863 to 1867 he held high commands in France, but in the latter year he was struck with paralysis and had to retire. Marshal Forey died at Paris on the 20th of June 1872.
FORFAR, a royal, municipal and police burgh, and capital of the county of Forfarshire, Scotland. Pop. (1901) 12,117. It lies at the east end of the Loch of Forfar in the valley of Strathmore, and is 13 m. N. by E. of Dundee by road and 21¼ m. by the Caledonian railway. It is also situated on the same company’s main line to Aberdeen and sends off a branch to Brechin. The principal buildings comprise the court house, the county hall (with portraits by Raeburn, Romney, Opie and others), the town hall, the Meffan Institute (including the free library), the infirmary, poorhouse and the Reid hall, founded by Peter Reid, a merchant in the burgh who also gave the public park. The burgh unites with Montrose, Arbroath, Brechin and Inverbervie (the Montrose group of burghs) in returning one member to parliament. The Loch of Forfar, 1¼ m. long by ¼ m. wide, is drained by Dean Burn, and contains pike and perch. On a gravel bank or spit in the north-west of the lake stood a castle which was sometimes used as a residence by Margaret, queen of Malcolm Canmore. The staple industries are linen and jute manufactures, but brewing, tanning, bleaching, rope-making and iron-founding are also carried on.
Forfar is at least as old as the time of Malcolm Canmore, for the first parliament after the defeat of Macbeth met in the old castle, which stood on a mound on the northern side of the town. The parliaments of William the Lion, Alexander II. and Robert II. also assembled within its walls. The town, which was created a royal burgh by David I., was burnt down about the middle of the 13th century. Edward I. captured the castle on one of his incursions, but in 1307 Robert Bruce seized it, put its defenders to the sword and then destroyed it, its site being now marked by the town cross. Previous to the reign of James VI. the weekly market was held on Sunday, but after the union of the crowns parliament enacted that it should be held on Friday. The town sided with Charles I. during the Civil War, and Charles II. presented the Cross to it out of regard for the loyalty shown to his father. Forfar seems to have played a less reputable part in the persecution of witches. In 1661 a crown commission was issued for the trial of certain miserable creatures, some of whom were condemned to be burnt. In the same year one John Ford for his services as a witch-finder was admitted a burgess along with Lord Kinghorne. The witches’ bridle, a gag to prevent them from speaking whilst being led to execution, is still preserved in the county hall. One mile to the E. lie the ruins of Restennet Priory, where a son of Robert Bruce was buried. For twenty five years after the Reformation it was used as the parish church and afterwards by the Episcopalians, until they obtained a chapel of their own in 1822.
FORFARSHIRE, orAngus, an eastern county of Scotland, bounded N. by the shires of Kincardine and Aberdeen, W. by Perthshire, S. by the Firth of Tay and E. by the North Sea. It has an area of 559,171 acres, or 873.7 sq. m. The island of Rossie and the Bell Rock belong to the shire.
Forfarshire is characterized by great variety of surface and may be divided physically into four well-marked sections. In the most northerly of these many of the rugged masses of the Grampians are found; this belt is succeeded by Strathmore, or the Howe of Angus, a fertile valley, from 6 to 8 m. broad, which is a continuation of the Howe of the Mearns, and runs south-westwards till it enters Strathearn, to the south-west of Perth; then come the Sidlaw Hills and a number of isolated heights, which in turn give way to the plain of the coast and the Firth. The mountains are all in the northern division and belong to the Binchinnin group (sometimes rather inexactly called the Braes of Angus) of the Grampian ranges. Among the highest masses, most of which lie on or near the confines of the bordering counties, are Glas Maol(3502 ft.), on the summit of which the shires of Aberdeen, Forfar and Perth meet, Cairn-na-Glasha (3484), Fafernie (3274), Broad Cairn (3268), Creag Leacach (3238), Tolmount (3143), Tom Buidhe (3140), Driesh (3105), Mount Keen (3077) and Mayar (3043), while peaks of upwards of 2000 ft. are numerous. The Sidlaw Hills—the greater part of which, however, belongs to Perthshire—are much less lofty and of less striking appearance. They have a breadth of from 3 to 6 m., the highest points within the county being Craigowl Hill (1493 ft.), Auchterhouse Hill (1399) and Gallow Hill (1242). None of the rivers is navigable, and only three are of any importance. The Isla, rising in Cairn-na-Glasha, flows southwards, then turns S.E. and finally S.W. till it enters the Tay after a course of 45 m. Its chief tributaries on the right are the Alyth, Ericht and Lunan, and on the left the Newton, Melgam and Dean. Near Bridge of Craig is the fall of Reekie Linn (70 ft.), so named from the fact that when the stream is in flood the spray rises in a dense cloud like smoke (reek). Near old Airlie Castle are the cascades called the Slugs of Auchrannie. The North Esk, formed by the confluence of the Lee and Mark at Invermark, after a south-easterly course of 28 m. enters the North Sea 3 m. N. of Montrose. On the right bank it receives the West Water and Cruick and on the left the Tarf and Luther. It gives the title of earl of Northesk to a branch of the Carnegie family. The South Esk rises in the Grampians near Mount Fafernie and not far from its source forms the Falls of Bachnagairn; after flowing towards the south-east, it bends eastwards near Tannadice and reaches the North Sea at Montrose, the length of its course being 48 m. Its principal affluents are the Prosen on the right and the Noran on the left. It supplies the title of earl of Southesk to another branch of the Carnegies. The lakes are small, the two largest being the Loch of Forfar and the mountain-girt Loch Lee (1 m. long by ¼ m. wide). Lintrathen (circular in shape and about ¾ m. across), to the north of Airlie Castle, supplies Dundee with drinking water. The glens of the ForfarshireGrampians are remarkable for their beauty, and several of them for the wealth of their botanical specimens. The largest and finest of them are Glen Isla, in which are the ruins of Forter Castle, destroyed by Argyll in 1640, and the earl of Airlie’s shooting-lodge of the Tulchan; Glen Clova, near the entrance to which stands Cortachy Castle, the seat of the earl of Airlie; Glen Esk and Glen Prosen.
Geology.—A great earth fracture traverses this county from near Edzell on the N.E. to Lintrathen Loch on the S.W. Between Cortachy and the south-western boundary this fault runs in Old Red Sandstone, but north-east of that place it forms the junction line of Silurian and Old Red; and in a general way we may say that on the N.W. side of the fault the metamorphosed Silurian rocks are found, while the remainder of the county is occupied by the Old Red Sandstone. On the margin of the disturbance the Silurian rocks are little-altered grey and green clay slates with bands of pebbly grit; farther towards the N.W. we find the same rocks metamorphosed into mica schists and gneisses with pebbly quartzites. Rising up through the schists between Carn Bannock and Mount Battock is a great mass of granite. The Old Red Sandstone extends from this county into Perthshire and Kincardineshire; here some 20,000 ft. of these deposits are seen; an important part being formed of volcanic tuffs and lavas which are regularly interbedded in the sandstones and conglomerates. North of Dundee some of the lower beds are traversed by intrusive dolerites, and Dundee Law is probably the remains of an old vent through which some of the contemporaneous lavas, &c., were discharged. The Old Red Rocks have been subjected to a good deal of folding, as may be seen along the coast. The principal direction of strike is from N.E. to S.W. A synclinal fold occupies Strathmore, and between Longforgan and Montrose the northern extension of the Sidlaw Hills is an anticlinal fold. Two fish-bearing beds occur in the county; from the lower one many largeEurypteridshave been obtained. The well-known paving flags of Arbroath belong to the lower part of the formation. The Upper Old Red Sandstone is found only in one spot about a mile north of Arbroath. During the Glacial period the ice travelled south-eastward across Strathmore and over the Sidlaw Hills; abundant evidence of this transporting agent is to be seen in the form of morainic deposits, the most striking of which is the great transverse barrier of Glenairn in the valley of the S. Esk, half a mile in length and about 200 ft. high. Relics of the same period are found round the coast in the form of raised beaches at 100, 50 and 25 ft. above the present sea-level.
Geology.—A great earth fracture traverses this county from near Edzell on the N.E. to Lintrathen Loch on the S.W. Between Cortachy and the south-western boundary this fault runs in Old Red Sandstone, but north-east of that place it forms the junction line of Silurian and Old Red; and in a general way we may say that on the N.W. side of the fault the metamorphosed Silurian rocks are found, while the remainder of the county is occupied by the Old Red Sandstone. On the margin of the disturbance the Silurian rocks are little-altered grey and green clay slates with bands of pebbly grit; farther towards the N.W. we find the same rocks metamorphosed into mica schists and gneisses with pebbly quartzites. Rising up through the schists between Carn Bannock and Mount Battock is a great mass of granite. The Old Red Sandstone extends from this county into Perthshire and Kincardineshire; here some 20,000 ft. of these deposits are seen; an important part being formed of volcanic tuffs and lavas which are regularly interbedded in the sandstones and conglomerates. North of Dundee some of the lower beds are traversed by intrusive dolerites, and Dundee Law is probably the remains of an old vent through which some of the contemporaneous lavas, &c., were discharged. The Old Red Rocks have been subjected to a good deal of folding, as may be seen along the coast. The principal direction of strike is from N.E. to S.W. A synclinal fold occupies Strathmore, and between Longforgan and Montrose the northern extension of the Sidlaw Hills is an anticlinal fold. Two fish-bearing beds occur in the county; from the lower one many largeEurypteridshave been obtained. The well-known paving flags of Arbroath belong to the lower part of the formation. The Upper Old Red Sandstone is found only in one spot about a mile north of Arbroath. During the Glacial period the ice travelled south-eastward across Strathmore and over the Sidlaw Hills; abundant evidence of this transporting agent is to be seen in the form of morainic deposits, the most striking of which is the great transverse barrier of Glenairn in the valley of the S. Esk, half a mile in length and about 200 ft. high. Relics of the same period are found round the coast in the form of raised beaches at 100, 50 and 25 ft. above the present sea-level.
Climate and Agriculture.—On the whole the climate is healthy and favourable to agricultural pursuits. The mean temperature for the year is 47.3° F., for January 38° and for July 59°. The average annual rainfall is 34 in., the coast being considerably drier than the uplands. In the low-lying districts of the south the harvest is nearly as early as it is in the rest of Scotland, but in the north it is often late. The principal wheat districts are Strathmore and the neighbourhood of Dundee and Arbroath; and the yield is well up to the best Scottish average. Barley, an important crop, has increased steadily. Oats, however, though still the leading crop, have somewhat declined. Potatoes are mostly grown near the seaboard in the higher ground; turnips also are largely raised. The northern belt, where it is not waste land, has been turned into sheep walks and deer forests. The black-faced sheep are the most common in the mountainous country; cross-bred sheep in the lowlands. Though it is their native county (where they date from 1808), polled Angus are not reared so generally as in the neighbouring shire of Aberdeen, but shorthorns are a favourite stock and Irish cattle are imported for winter-feeding. Excepting in the vicinity of the towns there are no dairy farms. Horses are raised successfully, Clydesdales being the commonest breed, but the small native garrons are now little used. Pigs also are reared. Save perhaps in the case of the crofts, or very small holdings of less than 10 acres, farm management is fully abreast of the times.
Other Industries.—The staple industries are the jute and flax manufactures. Their headquarters are in Dundee, but they flourish also at other places. Shipbuilding is carried on at Dundee, Arbroath and Montrose. The manufactures of jams, confectionery, leather, machinery, soap and chemicals, are all of great and growing value. Sandstone quarries employ many hands and the deep-sea fisheries, of which Montrose is the centre, are of considerable importance. The netting of salmon at the mouth of the North Esk is also a profitable pursuit.
Two railway companies serve the county. The North British, entering from the south by the Tay Bridge, follows the coast north-eastwards, sending off at Montrose a branch to Bervie. The Caledonian runs up Strathmore to Forfar, whence it diverges due east to Guthrie, where it again resumes its north-easterly course to Dubton and Marykirk; it reaches Dundee from Perth by the shore of the estuary of the Tay, and sends branches from Dundee to Kirriemuir via Monikie and Forfar and to Alyth Junction via Newtyle, while a short line from Dubton gives it touch with Montrose.
Population and Government.—The population was 277,735 in 1891, and 284,083 in 1901, when 1303 spoke Gaelic and English, and 13 Gaelic only. The chief towns are Arbroath (pop. in 1901, 22,398), Brechin (8941), Broughty Ferry (10,484), Carnoustie (5204), Dundee (161,173), Forfar (11,397), Kirriemuir (4096), Monifieth (2134) and Montrose (12,427). Forfarshire returns one member to Parliament. It is a sheriffdom and there is a resident sheriff-substitute at Dundee and another at Forfar, the county town, and courts are held also at Arbroath. In addition to numerous board schools there are secondary schools at Dundee, Montrose, Arbroath, Brechin, Forfar and Kirriemuir, and technical schools at Dundee and Arbroath. Many of the elementary schools earn grants for higher education. The county council and the Dundee and Arbroath town councils expend the “residue” grant in subsidizing science and art and technical schools and classes, including University College, the textile school, the technical institute, the navigation school, and the workshop schools at Dundee, the technical school at Arbroath, besides cookery, dairy, dress-cutting, laundry, plumbing and veterinary science classes at different places.
History.—In the time of the Romans the country now known as Forfarshire was inhabited by Picts, of whose occupation there are evidences in remains of weems, or underground houses. Traces of Roman camps and stone forts are common, and there are vitrified forts at Finhaven, Dumsturdy Muir, the hill of Laws near Monifieth and at other points. Spearheads, battle-axes, sepulchral deposits, Scandinavian bronze pins, and other antiquarian relics testify to periods of storm and stress before the land settled down into order, towards which the Church was a powerful contributor. In the earliest days strife was frequent. The battle in which Agricola defeated Galgacus is supposed to have occurred in the Forfarshire Grampians (A.D.84); the Northumbrian King Egfrith and the Pictish king Burde fought near Dunnichen in 685, the former being slain; conflicts with the Danes took place at Aberlemno and other spots; Elpin king of the Scots was defeated by Aengus in the parish of Liff in 730; at Restennet, about 835, the Picts and Scots had a bitter encounter. In later times the principal historical events, whether of peace or war, were more immediately connected with burghs than with the county as a whole. There is some doubt whether the county was named Angus, its title for several centuries, after a legendary Scottish prince or from the hill of Angus to the east of the church of Aberlemno. It was early governed by hereditary earls and was made a hereditary sheriffdom by David II. The first earl of Angus (by charter of 1389) was George Douglas, an illegitimate son of the 1st earl of Douglas by Margaret Stuart, who was countess of Angus in her own right. On the death of the 1st and only duke of Douglas, who was also 13th earl of Angus, in 1761, the earldom merged in the dukedom of Hamilton. Precisely when the shire became known by the name of the county town has not been ascertained, but probably the usage dates from the 16th century. Among old castles are the roofless square tower of Red Castle at the mouth of the Lunan; the tower of the castle of Auchinleck; the stronghold of Inverquharity near Kirriemuir; the castle of Finhaven; the two towers of old Edzell Castle; the ruins of Melgund Castle, which are fairly complete; the small castle of Newtyle, and the old square tower and gateway of the castle of Craig.
See A. Jervise,Memorials of Angus and Mearns(Edinburgh, 1895);Land of the Lindsays(Edinburgh, 1882);Epitaphs and Inscriptions(Edinburgh, 1879); Earl of Crawford,Lives of theLindsays(London, 1835); Sir W. Fraser,History of the Carnegies(Edinburgh, 1867); A.H. Millar,Historical Castles and Mansions(Paisley, 1890); G. Hay,History of Arbroath(Arbroath, 1876); D.D. Black,History of Brechin(Edinburgh, 1867).
See A. Jervise,Memorials of Angus and Mearns(Edinburgh, 1895);Land of the Lindsays(Edinburgh, 1882);Epitaphs and Inscriptions(Edinburgh, 1879); Earl of Crawford,Lives of theLindsays(London, 1835); Sir W. Fraser,History of the Carnegies(Edinburgh, 1867); A.H. Millar,Historical Castles and Mansions(Paisley, 1890); G. Hay,History of Arbroath(Arbroath, 1876); D.D. Black,History of Brechin(Edinburgh, 1867).
FORFEITURE(from “forfeit,” originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr.forfait, from the late Lat.foris factum, a trespass, that which is doneforis, outside), in English law, the term applied (1) to loss or liability to the loss of property in consequence of an offence or breach of contract; (2) to the property of which the party is deprived.
Under the common law, conviction and attainder on indictment for treason or felony was followed not only by forfeiture of the life of the offender, but also by forfeiture of his lands and goods. In the case of treason all the traitor’s lands of whomsoever holden were forfeited to the king; in the case of felony (includingfelo-de-se, or suicide), the felon’s lands escheated (exceciderunt) to his immediate lord, subject to the king’s right to waste them for a year and a day. This rule did not apply to lands held in gavelkind in the county of Kent. The goods of traitors and felons were forfeited to the king. The desire of the king and his officers to realize the profits of these forfeitures was one of the chief motives for instituting the circuits of the king’s justices throughout England; and from time to time conflicts arose from attempts by these justices to extend the law of treason—under which the king levied all the forfeitures—at the expense of felony, in which the lord of the felon benefited by the escheats. As regards theft, the king’s rights overrode those of the owner of the stolen property, until, in the reign of Henry VIII., provision was made for restitution of the goods to the owner if he prosecuted the thief to conviction. In Pepys’sDiary, 21st of January 1667-1668, will be found an illustration of the working of the old law. We find that on the suicide of his brother-in-law, Pepys at once applied to the king personally and obtained a grant of the brother-in-law’s estate in favour of his widow and children should the inquest find a verdict offelo-de-se. It was common practice for persons anticipating conviction for treason or felony to assign all their property to others to avoid the forfeiture; and in some instances the accused refused to plead to the indictment and endured thepeine forte et dure, until death supervened, to avoid these consequences of conviction. The royal rights to forfeitures arising within particular areas were frequently granted by charter to corporations or individuals. In 1897 the courts had to interpret such charters granted to the town of Nottingham in 1399 and 1448. All forfeitures and escheats with respect to conviction and attainder for treason and felony were abolished as from the 4th of July 1870, except forfeitures consequent upon the now disused process of outlawry, and the forfeitures included in the penalties of praemunire.
The term “forfeit” is also applied to penalties imposed by statute for acts or omissions which are neither treasonable nor felonious. In such statutes the forfeiture enures in favour of the crown unless the statute indicates another destination; and unless a particular method of enforcing the forfeiture is indicated it is enforceable as a debt to the crown and has priority as such. The words “forfeit and pay” are often used in imposing a pecuniary penalty for a petty misdemeanour, and where they are used the court dealing with the case must not only convict the offender but adjudicate as to the forfeiture.
Statutory forfeitures in some cases extend to specific chattels,e.g.of a British merchant-ship when her character as such is fraudulently dissimulated (Merch. Shipp. Act 1894, ss. 70, 76), or of goods smuggled in contravention of the customs acts or books introduced in violation of the copyright acts. Recognisances are said to be forfeited when the conditions are broken and an order of court is made for their enforcement as a crown debt against the persons bound by them.
The term “forfeiture” is now most commonly used with reference to real property,i.e.with reference to the rights of lords of the manor or lessors to determine the estate or interest of a copyholder or lessee for breach of the customary or contractual terms of tenure. It is also applied to express the deprivation of a limited owner of settled property, real or personal, for breach of the conditions by which his rights are limited;e.g.by becoming bankrupt or attempting to charge or alienate his interest. As a general rule, the courts “lean against forfeitures” of this kind; and are astute to defeat the claim of the superior landlord or other person seeking to enforce them. By legislation of 1881 and 1892 there is jurisdiction to grant relief upon terms against the forfeiture of a lease for breach of certain classes of covenant,e.g.to pay rent or to insure.
FORGERY(derived through the French from Latinfabricare, to construct), in English law, “the fraudulent making or alteration of a writing to the prejudice of another man’s right,” or “the false making, or makingmalo animo, of any written instrument for the purpose of fraud or deceit.” This definition, it will be seen, comprehends all fraudulent tampering with documents. “Not only the fabrication and false making of the whole of a written instrument, but a fraudulent insertion, alteration or erasure, even of a letter, in any material part of a true instrument whereby a new operation is given to it, will amount to forgery,—and this though it be afterwards executed by another person ignorant of the deceit” (Russell onCrimes and Misdemeanours, vol. ii.). Changing the word Dale into Sale in a lease, so that it appears to be a lease of the manor of Sale instead of the manor of Dale, is a forgery. And when a country banker’s note was made payable at the house of a banker in London who failed, it was held to be forgery to alter the name of such London banker to that of another London banker with whom the country banker had subsequently made his notes payable. As to the fraud, “an intent to defraud is presumed to exist if it appears that at the time when the false document was made there was in existence a specific person, ascertained or unascertained, capable of being defrauded thereby; and this presumption is not rebutted by proof that the offender took or intended to take measures to prevent such person from being defrauded in fact, nor by the fact that he had or thought he had a right to the thing to be obtained by the false document” (Stephen’sDigest of the Criminal Law). Thus when a man makes a false acceptance to a bill of exchange, and circulates it, intending to take it up and actually taking it up before it is presented for payment, he is guilty of forgery. Even if it be proved as a matter of fact that no person could be defrauded (as when A forges a cheque in B’s name on a bank from which B had withdrawn his account), the intent to defraud will be presumed. But it would appear that if A knew that B had withdrawn his account, the absence of fraudulent intention would be inferred. A general intention to cheat the public is not the kind of fraud necessary to constitute forgery. Thus if a quack forges a diploma of the college of surgeons, in order to make people believe that he is a member of that body, he is not guilty of forgery.
The crime of forgery in English law has been from time to time dealt with in an enormous number of statutes. It was first made a statutory offence in 1562, and was punishable by fine, by standing in the pillory, having both ears cut off, the nostrils slit up and seared, the forfeiture of land and perpetual imprisonment. It was made capital, without benefit of clergy in 1634. The most notable cases of those who have suffered the extreme penalty of the law are those of the Rev. Dr W. Dodd in 1777, for forging Lord Chesterfield’s name on a bond, and Henry Fauntleroy, a partner in the banking-house of Marsh, Sibbald & Co., for the appropriation by means of forged instruments of money entrusted to the bank, in 1824. “Anthony Hammond, in the title Forgery of hisCriminal Code, has enumerated more than 400 statutes which contain provisions against the offence” (Sir J.T. Coleridge’s notes to Blackstone). Blackstone notices the increasing severity of the legislature against forgery, and says that “through the number of these general and special provisions there is now hardly a case possible to be conceived wherein forgery that tends to defraud, whether in the name of a real or fictitious person, is not made a capital crime.” These acts were consolidated in 1830. The laterstatutes, fixing penalties from penal servitude for life downwards, were consolidated by the Forgery Act 1861. It would take too much space to enumerate all the varieties of the offence with their appropriate punishments. The following condensed summary is based upon chapter xlv. of Sir J. Stephen’sDigest of the Criminal Law:
1. Forgeries punishable with penal servitude for life as a maximum are—(a) Forgeries of the great seal, privy seal, &c.(b) Forgeries of transfers of stock, India bonds, exchequer bills, bank-notes, deeds, wills, bills of exchange, &c.(c) Obliterations or alterations of crossing on a cheque.(d) Forgeries of registers of birth, &c., or of copies thereof and others.2. Forgeries punishable with fourteen years’ penal servitude are—(a) Forgeries of debentures.(b) Forgeries of documents relating to the registering of deeds, &c.(c) Forgeries of instruments purporting to be made by the accountant general and other officers of the court of chancery, &c.(d) Drawing bill of exchange, &c., on account of another, per procuration or otherwise, without authority.(e) Obtaining property by means of a forged instrument, knowing it to be forged, or by probate obtained on a forged will, false oath, &c.3. Forgeries punishable with seven years’ penal servitude:—Forgeries of seals of courts, of the process of courts, of certificates, and of documents to be used in evidence, &c.
1. Forgeries punishable with penal servitude for life as a maximum are—
(a) Forgeries of the great seal, privy seal, &c.
(b) Forgeries of transfers of stock, India bonds, exchequer bills, bank-notes, deeds, wills, bills of exchange, &c.
(c) Obliterations or alterations of crossing on a cheque.
(d) Forgeries of registers of birth, &c., or of copies thereof and others.
2. Forgeries punishable with fourteen years’ penal servitude are—
(a) Forgeries of debentures.
(b) Forgeries of documents relating to the registering of deeds, &c.
(c) Forgeries of instruments purporting to be made by the accountant general and other officers of the court of chancery, &c.
(d) Drawing bill of exchange, &c., on account of another, per procuration or otherwise, without authority.
(e) Obtaining property by means of a forged instrument, knowing it to be forged, or by probate obtained on a forged will, false oath, &c.
3. Forgeries punishable with seven years’ penal servitude:—Forgeries of seals of courts, of the process of courts, of certificates, and of documents to be used in evidence, &c.
By the Merchandise Marks Acts 1887 and 1891, forgery of trade marks is an offence punishable on conviction by indictment with imprisonment not exceeding two years or to fine, or both, and on conviction by summary proceedings with imprisonment not exceeding four months or with a fine.
The Forged Transfers Act 1891, made retrospective by the Forged Transfers Act 1892, enables companies and local authorities to make compensation by a cash payment out of their funds for any loss arising from a transfer of their stocks, shares or securities through a forged transfer.
United States.—Forgery is made a crime by statute in most if not all the states, in addition to being a common law cheat. These statutes have much enlarged the common definition of this crime. It is also made a crime by a Federal statute (U.S. Rev. Stat., ch. 5), which includes forgery of national banknotes, letters patent, public bid, record, signature of a judge, land warrants, powers of attorney, ships’ papers or custom-house documents, certificates of naturalization, &c.; the punishment is by fine or by imprisonment from one to fifteen years with or without hard labour.
In Illinois, fraudulently connecting together different parts of several banknotes or other genuine instruments so as to produce one additional note or instrument with intent to pass all as genuine, is a forgery of each of them (Rev. Stats. 1901, ch. 38, § 108). The alleged instrument must be apparently capable of defrauding (Goodmanv.People[1907], 228, Ill. 154).
In Massachusetts, forgery of any note, certificate or bill of credit issued by the state treasurer and receiver general, or by any other officer, for a debt of that commonwealth, or a bank bill of any bank, is punishable by imprisonment for life or any term of years (Rev. Laws 1902, ch. 209, §§ 4 and 5).
In New York, forgery includes the false making, counterfeiting, alteration, erasure or obliteration of a genuine instrument (Penal Code, § 520). An officer or agent of a corporation who with intent to defraud sells, pledges or issues a fraudulent scrip, share certificate, is guilty of forgery in third degree. Falsely making any instrument which purports to be issued by a corporation bearing a pretended signature of a person falsely indicated as an officer of the company, is forgery just as if such person were in truth such officer (id.§ 519). Counterfeiting railroad tickets is forgery in the third degree. Falsely certifying that the execution of a deed has been acknowledged is forgery (id. § 511). So also is the forging a fictitious name (Peoplev.Browne[1907], 103 N.Y. suppl. 903). Punishment for forgery in the first degree may be twenty years, in the second degree ten years, in the third degree five years.
In Pennsylvania, fraudulently making, signing, altering, uttering or publishing any written instrument other than bank bills, cheques or drafts, was punishable by fine and imprisonment “by separate or solitary confinement at labour for a term not exceeding ten years” (L. 1860, March 31); forging bank bills, &c., for a term not exceeding five years. Defacing, removing, or counterfeiting brands from lumber floating in any river is punishable by imprisonment for a term not exceeding two years or a fine (L. 1887, May 23). Fraudulently using the registered mark of another on lumber is punishable by fine or imprisonment by solitary confinement for a term not exceeding three years (id.).
In Tennessee, forgery may be committed by typewriting the body of and signature to an instrument which may be the subject of forgery (1906;Statev.Bradley, 116 Tenn. 711).
In Vermont, the act of 1904, p. 135, no. 115, § 24, authorizes licensees to sell intoxicating liquors only on the written prescription of a legally qualified physician stating that it “is given and necessary for medicinal use.” It was held that a prescription containing no such statement was invalid and the alteration thereof was not forgery (1906;Statev.McManus, 78 St. 433).
Authorities.—Pollock and Maitland,History of English Law; Stephen,Digest of Criminal Law;History of Criminal Law; L.O. Pike,History of Crime in England, 1873-1876; Russell,On Crimes; Archbold,Criminal Pleadings.
Authorities.—Pollock and Maitland,History of English Law; Stephen,Digest of Criminal Law;History of Criminal Law; L.O. Pike,History of Crime in England, 1873-1876; Russell,On Crimes; Archbold,Criminal Pleadings.
FORGET-ME-NOT,orScorpion-Grass(Ger.Vergissmeinnicht, Fr.grémillet,scorpionne), the name popularly applied to the small annual or perennial herbs forming the genusMyosotisof the natural orderBoraginaceae, so called from the Greekμῦς, a mouse, andοὖς, an ear, on account of the shape of the leaves. The genus is represented in Europe, north Asia, North America and Australia, and is characterized by oblong or linear stem-leaves, flowers in terminal scorpioid cymes, small blue, pink or white flowers, a five-cleft persistent calyx, a salver- or funnel-shaped corolla, having its mouth closed by five short scales and hard, smooth, shining nutlets. The common or true forget-me-not,M. palustris, is a perennial plant growing to a height of 6 to 18 in., with rootstock creeping, stem clothed with lax spreading hairs, leaves light green, and somewhat shining, buds pink, becoming blue as they expand, and corolla rotate, broad, with retuse lobes and bright blue with a yellow centre. The divisions of the calyx extend only about one-third the length of the corolla, whereas in the other British species ofMyosotisit is deeply cleft. The forget-me-not, a favourite with poets, and the symbol of constancy, is a frequent ornament of brooks, rivers and ditches, and, according to an old German tradition, received its name from the last words of a knight who was drowned in the attempt to procure the flower for his lady. It attains its greatest perfection under cultivation, and, as it flowers throughout the summer, is used with good effect for garden borders; a variety,M. strigulosa, is more hairy and erect, and its flowers are smaller. InM. versicolorthe flowers are yellow when first open and change generally to a dull blue; sometimes they are permanently yellowish-white. Of the species in cultivation,M. dissitiflora, 6 to 8 in., with large handsome abundant sky-blue flowers, is the best and earliest, flowering from February onwards; it does well in light cool soils, preferring peaty ones, and should be renewed annually from seeds or cuttings.M. rupicola, orM. alpestris, 2 to 3 in., intense blue, is a fine rock plant, preferring shady situations and gritty soil;M. azorica(a native of the Azores) with purple, ultimately blue flowers about half an inch across, has a similar habit but larger flowers;M. sylvatica, 1 ft., blue, pink or white, used for spring bedding, should be sown annually in August.
FORGING,the craft of the smith, or “blacksmith,” exercised on malleable iron and steel, in the production of works of constructive utility and of ornament. It differs from founding (q.v.) in the fact that the metal is never melted. It is essentially a moulding process, the iron or steel being worked at a full red, or white, heat when it is in a plastic and more or less pasty condition. Consequently the tools used are in the main counterparts of the shapes desired, and they mould by impact. All the operations of forging may be reduced to a few very simple ones: (1) Reducing or drawing down from a larger to a smaller section (“fullering” and “swaging”); (2) enlargement of a smaller to a larger portion (“upsetting”); (3) bending, or turning roundto any angle of curvature; (4) uniting one piece of metal to another (“welding”); (5) the formation of holes by punching; and (6) severance, or cutting off. These include all the operations that are done at the anvil. In none of these processes, the last excepted, is the use of a sharp cutting tool involved, and therefore there is no violence done to the fibre of the malleable metal. Nor have the tools of the smith any sharp edges, except the cutting-off tools or “setts.” The essential fact of the flow of the metal, which is viscous when at a full red heat, must never be lost sight of; and in forging wrought iron the judgment of the smith must be exercised in arranging the direction of the fibre in a way best calculated to secure maximum strength.