Page:Black's Law Dictionary (Second Edition).djvu/484

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FACTA

FACTA. In old English law. Deeds. Facts armorum, deeds or tests of arms; that is, jousts or tournaments. Cowell.

Facts. Facts at casus, facts and cases. Brnct. tol. lb.

Factn aunt potentiora. vex-I111. Deeds are more powerful than words.

Facts tenent mulls. gun flex-I prohi- bentm.-. 12 Coke, 1%. Deeds contain many things which are prohibited to be done.

FACTIO TESTAMENTI. In the civil law. The right, power, or capacity of making a will; called "factia actii-11." lnst 2, 10. 8.

The right or capacity of taking by will; uilied “factio pa.s.si"mz." Inst. 2, 10, 6.

FACTO. In fact; by an act; by the act or fact. Ipso fizcto, by the act itself; by the mere effect of a fact, without anything su- peradded, or any proceeding upon it to give it eflcct. 3 Kent, Comm. 55, 68.

FACTOR. 1. A commercial agent. employed by a principal to sell merchandise consigned to him for that purpose, for and in behult of the principal, but usually in his own name, being intrusted with the possession and control of the goods, and being remunerated by a commission, commonly called “l'actorageJ' Howland v. Woodrufif. 60 N. Y. 80: In re Rabensu (D. 0.) 118 Fed. 474; Lawrence v. Stonlugton Bank, 6 Conn. 527; Graham v. Duckwall, 8 Bush (Ky.) 17.

A factor is an agent who, in the pursuit ot an independent calling, is employed by an- other to sell propert-y for him, and is vated by the latter with the possession or control of the property, or authorized to receive pay- ment therefor from the purchaser. Civ. Coda Cal. | 2026; Civ. Code Dak. | 1168.

Classification. Factors are called “domestic" or_ “foreign" according as they reside and do lyus_inass in the same state or country with the principal or in_a different state or country. A domestic factor is sometimes called a ‘‘home factor. Ruflner v. Hewitt. 7 W, Va. 585.

Synonyms. A_fsc1‘.or diifers from a “bra- ker" in that he is intrusted with the possession, management, and control of the goods, (which gives him a special property in them) while u broker acts as a mere intermediary without control or possession of the properly; and furtlier. a factor is authorized to buy and sell in his own name, as well as in that of the principal, which a broker is not. Edwards v. Hoetfingbolf (C C.) 38 Fed. 641: Dciafieid v. Smith 101

. 664, 78 N. W. 170, 70 Am. St. Rep - Graham v. Duckwall, 8 Bush (Ky.) 12; . k v. Tucker, 23 “"1111. 330, 23 L Ed. 143. Factors are also frequently called "commission mer- chants ;" and it is said that there is no difference in the meaning of these terms, the latter being perhaps more commonly used in America. Tliompson v. Woorlmtt, '1' Colrl. 410' Duguid v. Edwards, 50 Bnrh. (N. Y.) 288; Lyon v, AJ- vord, 18 Conn. 80. Where an owner of goods to be shipped by sea consigns them to the care of an agent, who sails on the same vessel, has charge of the cargo on board, sells it abroad, and buys Ii. return cargo out of the proceeds such agent is strictly and properly a "faotor,'

47 6

FACTORY

though in maritime law and usage he is com monly callcrl a “supercui-;.vo Beaw. Le: Mere. 44, 47: Liverm. Ag. 69, . —Fn.c|:ox-age. The nlluwance or commission paid to a factor by his priniipni. Winne \L ll-imninnii. 37 ill 103: State v. "iiompson, 120 Mo. 12, 25 S. W. 3‘16.—Fneto1':’ acts. The name giien to sevcrai lllnglisii statutes (6 Geo. 1' c 9-1; 5S.6VicLC.39; -i01\'4_1ViI."t. c. '29) by wbir-h a factor is cnnlulcli to make a vaiid pledge of the goods, or at any part there of, to one who believes him to be the bone fido owner of the goods.

2. The term is used in some of the states to denote the person who is elscwheie called “gar-n.ishee" or “trustee." See FACT0ll.IZ- INC I'imoi:ss.'

3. 1n Scokh law, a person appointed to

transact business or manage affalis for nu- other, but more particularly an ESHICC-€l§Zl’Ii[ or one intrusted with the management of I landed estate, who finds tenants. makes leases. coliects the rents, etc. —Jnill.cia1 fnctox-. 1n Scotch _li|.W A fiarlcr appointnil by the courts in certain cases whore ' bemmes necessary to inti-ust the management of property to another than the owner, as, where the latter is insane or imbecile or Ill! infant heir 01! H decedent.

FACTORIZING PROCESS. In American law. A process by which the effects of a debtor are attached in the hands of R third person. A term peculiar to the practice in Vermont and Connecticut. Otherwise termed

"trustee process" and "garnishment." Cross V. Brown, 19 R. I. 220, 33- Atl. 147. FACTORY. In English law. The term

includes all buildings and premises wherein, or within the close or curtilngze of whidi. steam, water, or any mechanical power is used to more or work any machinery employed in preparing, manufacturing, or finishing cotton, wool, hair, silk, flax, hemp, jute, or tow. So defined by the statute 7 Vlct. c. 15, 5 73. By later acts this definition has been extended to various other manufacturing places. Mozley 8: Whitley.

Also a place where a considerable number of motors reside, in order to negotiate for their masters or employers. Enc. Brit.

In American law. The word "tnctory" does not necessarily mean a single building or edifice, but may apply to several, where they are used in connection with each other, tor a common purpose, and stand together in the same inclosure. Lleliensteln v. lnsui-anca 00., 45 ll]. 303. And see lnsurance Co. v. Brook, 57 Pa. 82; Hernischel v. Texas Drug Co., 26 Tex. Civ. App. 1, 61 S. W. 419; Schott v. Harvey, 105 Pa 227, 51 Am. Rep. 201.

In Scotch law. This name is given to a species of contract or employment which falls under the general designation of “agency," but which pnrtakes lioth of the nature of a mandate and of a bailment of the kind culled “lacuna mi opemnrlum." 1 Bell, Comm. 259. —I‘m:to1-y prices. The prices at Vlili(‘i.l goods

may be bought at the tacioriea as distinguish-