法律英语|英文法律词典 F-3

FACTORAGE. The wages or allowances paid to a factor for his services; it is more usual to call this commissions. 1 Bouv. Inst. n. 1013; 2 Id. n. 1288.

FACTORY, Scotch^{1 law. A contract which partakes of a mandate2 and locatio ad operandum, and which is in the English and American law books discussed under the title of Principal and Agent. 1 Bell's Com. 259.}

FACTUM. A deed. a man's own act and deed.

2. When a man denies by his plea that he made a deed on which he is sued, be pleads non estfactum. Vide Deed; Fait.

FACTUM, French law. A memoir^{3 which contains summarily the fact on which a contest has happened, the means on which a party founds his pretensions4, with the refutation of the means of the adverse5 party. Vide Brief.}

FACULTY^{6, canon law. A license7; an authority. For example, the ordinary having the disposal of all seats in the nave8 of a church, may grant this power, which, when it is delegated, is called a faculty, to another.}

2. Faculties^{9 are of two kinds; first, when the grant is to a man and his heirs in gross; second, when it is to a person and his heirs, as appurtenant to a house which he holds in the parish. 1 T. R. 429, 432; 12 Co. R. 106.}

FACULTY, Scotch law. Equivalent to ability or pow-er. The term faculty is more properly applied^{10 to a power founded on the consent of the party from whom it springs, and not founded on property. Kames on Eq. 504.}

F人工智能LURE. A total defect; an omission^{11; a non-performance. Failure also signifies a sTOPpage of payment; as, there has been a failure to-day, some one has sTOPped payment.}

2. According to the French code of commerce, art. 437, every merchant or trader who suspends payment is in a state of failure. Vide Bankruptcy^{12; Insolvency13.}

F人工智能LURE, OF ISSUE. When there is a want of issue to take an estate limited over by an executory devise.

2. Failure of issue is definite or indefinite. When the precise time for the failure of issue is fixed^{14 by the will, as is the case of a devise to Peter, but if he dies without issue living at the time of his death, then to another, this is a failure of issue definite. An indefinite failure of issue is the very converse15 or opposite of this, and it signifies a general failure of issue, whenever it may happen, without fixing any time, or a certain or definite period, within which it must happen. 2 Bouv. Inst. n. 1849.}

F人工智能LURE OF RECORD. The neglect to produce the record after having pleaded it. When a defendant^{16 pleads a matter, and offers to prove it by the record, and then pleads nul tiel record, a day is given to the defendant to bring in the record if he fails. to do so, he is said to fail, and there being a failure of record, the plaintiff is entitled to judgment17. Termes de lay Ley. See the form of entering it; 1 Saund. 92, n. 3.}