Page:Black's Law Dictionary (Second Edition).djvu/485

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FACTS CANNOT LIE

ed from the prices of goods bought in the mar- liEt -liter they have passed into the hands of llI|l'll persons or shop-keepers. Whipple v. Lev- rlt. 2 Mason, 90, Fed. Cas. No. 17.518.

Fact: cannot lie. 18 How. State Tr. 1157: 17 How. Siaie Ti‘. 1430.

FACTUM. Lat. In old English law. A deed, a person s act and deed‘, anything sl iipri or made certain; a sealed instru ment: 3 oi--ed of con\ e_\ once.

A fact-, a circumstance; purticuiarly a fact in eildeuce. Bract. to]. 1b.

In testamentary law. The execution or due execution of a will. The factum of an instiutueut means not barely the signing of it, and the tormal publication or delivery, but in-out that the [rirty wcil knew and und istcod the contents then-oi’, and did give, mil, dispose, and do. in all things, as in the said “U1 is contained Weathcrhead v. Bask- ervliie, 11 How. 354, 13 L. Ed. 717.

In the civil law. Fact: a tact; B. matter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3.

In French law. A memoir which contains concisely set down the fact on which a contest has happened, the menus on which ii party rounds his pretensions, with the refut.ir.ion of the means at the adverse party. Yicnt.

In old European law. lotnient of land. Spelman. —I‘sctum nricliennn. A juridical fact. De- notes one o the factors or eiements constituting an obii_;ation.—-1‘aetu.m pl'o'I1.n.ntlIun. Liit In the law of evidence. The fact to be proved; 3. feet which is in imue, and to which evidence is to be directed. 1 Greeni. Ev. § 13. —I‘actuzn pr-dlmns. A probative or evidenti- ary fact; a subsidiary or connected fact tending to prove the principal fact in issue: a piece 0 circumstantial evidence.

A portion or al-

Fnctnm a jmiice quad ad ejus officinm nun npeetst nan 1-atnm est. An action at a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76.

I‘.-mtum unique snnm non adverssrlo, nocere debet. Dig. 50, 17, 155. A party's own not should prejudice himself, not his ad- versary.

Factrun infectnnn flex-i neqnlt. A thing done cannot be undone. 1 Kames, E11. 96, ‘.750.

Fnctunn negnntis nulls probntlo lit. Cod. 4, 19, 23. There is no proof incumbent upon him who denies a tact.

“Fnctu.m" nun dieitur qnod non perneverat. 5 Coke, 96. That is not called a "deed" which does not continue operative.

Faetnm nnius alter-i nocex-i non debet. Co. Litt. 152. The deed at one should not hurt another.

477

FAG GOT

Fncniltas prolrntioniun non out angintsnda. The power of proofs [right 01! offering or gixing testimony] is not to be norrowed. 4 Inst. 279.

FACUI-TIES. In the law of divorce. The capability of the husimmi to r¢-m'1e1- a support to the wife in the form of alimony, whether temporary.‘ or permaueiit, including not only his tangible property, but also his income and his ability to earn money. 2 Bish. ii-int. & Div. 5 446: Lorctt v. Lou-tt, 11 Ala. 7133; \\"right v. W1'lght, 3 Tex. 10 ~

FACULTIES, COURT 0!‘. 1n English ecclesiastical law A Jurisdiction or tribunal belonging to the archbishop. It does not hold [Jless in any su.its, but creates rights to pews, monuments, and particular [T111-:4, and modes 0!! burial It has also various powers under 25 Hen. VIII. c. 21, in gr-muting ll censes of diiTcrent descriptions, as a license to marry. a fuculti to erect an ("',°."l!J in n parish church. to level a church-yziid. to remove bodies previously buried. 4 Inst. 337.

FACULTY. In ecclesiastical law. A license or authority; a prhiiege granted by the ordinary to a man by favor and indul- gence to do that which by law he mav not do; 9. 11., to marry without banns. to eregt a monument in :1 church, etc. Ternies de la Ley.

In Scotch law. A power tounded on consent, as distinguished from a power founded on property. 2 Kames. E41. 265.

FACULTY OF A COLLEGE. The corps of professors. instructors, tutors, and lecturers. To be distinguished from the board 01! trustees, who constitute the corporation.

FACULTY OF ADVOCATES. The college or society of advocates in Scotland.

FADERFIUM. In old English law. A marriage gift coming tram the father or brother 01' the bride.

FZEDER-PEOH. In old English law. The portion brought by a wife to her hus- band, and which reverted to a widow. in case the heir of her deceased husband refused his consent to her second marriage; '3. e.. it reverted to her family in case she returned to them. Wharton.

FESTING-MEN. Approved men wiio were strong-armed; Iiizbsnlcs lioniimzx or rich men, men 01! substance; pledges or bonds- men, who, by Saxon custom, were bound to answer for each other's good behavior. Cow- eii; Du Cange.

FAGGOT. A badge worn in popish times by persons who had recanted and abjlired what was then adiudged to be heresy, as an

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emblem of what they had merited. Oo\veli.M