Blacks Law Dict. 1st ed

FACTOR

470

FACTUM

FACT OB. A commercial agent, em ployed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrusted with the posses sion and control of the goods, and being re munerated by a commission, commonly called "factorage." A factor is an agent who, in the pursuit of an independent calling, is employed by an other to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive pay ment therefor from the purchaser. Civil Code Cal. § 2026; Civil Code Dak. § 1168. When the agent accompanies the ship, taking a cargo aboard, and it is consigned to him for sale, *nd he is to purchase a return cargo out of the proceeds, such agent is properly called a "factor." He is, however, usually known by the name of a * supercargo. n Beaw. Lex. Merc. 44, 47; Ldverm. Ag. 69, 70; 1 Domat, b. 1,1.16, § 3, art. 2. Factors are called "domestic" or "foreign," according as they reside in the same country with the principal or in a different country. A "factor" is distinguished from a "broker" by being intrusted with the posses sion, management, and control of the goods, and by being authorized to buy and sell in his own name, as well as in that of his prin cipal. Buss. Fact. 4; Story, Ag. § 33; 2 Steph. Comm. 127; 2 Barn. & Aid. 137,143; 2 Kent, Comm. 622, note. The term is used in some of the states to denote the person who is elsewhere called "garmshee" or "trustee." See FACTORIZ ING PROCESS. FACTORAGE. The allowance or com mission paid to a factor by his principal. Russ. Fact. 1; Tomlins. FACTORIZING PROCESS. In Ameri can law. A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the piactice in Vermont and Connecticut. Otherwise termed "trustee process" and "garnishment." Drake, Attachm. § 451. FACTORS' ACTS. The name given to several English statutes (6 Geo. IV. c. 94; 5 & 6 Viet. c. 39; 40 & 41 Viet. c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any part thereof, to one who believes him to be the bonaflde owner of the goods. FACTORY. In English, law. The term includes all buildings and premises wherein, or within the close or curtilage of which, steam, water, or any mechanical pow

er is used to move or work any machinery employed in preparing, manufacturing, or fin ishing cotton, wool, hair, silk, flax, hemp, jute, or tow. So defined by the statute 7 Viet. c. 15, § 73. By later acts this definition has been extended to various other manu facturing places. Mozley & Whitley. Also a place where a considerable number of factors reside, in order to negotiate for their masters or employers. Enc. Brit. In American law. The word "factory" does not necessarily mean a single building or edifice, but may apply to several, where they are used in connection with each other, for a common purpose, and stand together in the same inclosure. 45 111. 303. In Scotch, law. This name is given to a species of contract or employment which falls under the general designation of "agency," but which partakes both of the nature of a mandate and of a bailment of the kind called "locatio ad operandum." 1 Bell, Comm. 259. "FACTORY PRICES." The prices at which goods may be bought at the factories, as distinguished from the prices of goods bought in the market after they have passed into the hands of third persons or shop-keep ers. 2 Mason, 90. Facts cannot lie. 18 How. State Tr, 1187; 17 How. State Tr. 1430. FACTUM. Lat. In old English law. A deed; a person's act and deed; anything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract, fol. 16. In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it, and the formal publication or delivery, but proof that the party well knew and un derstood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained. 11 How. 354. In the civil law. Fact; a fact; a mat ter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3. In French law. A memoir which con* tains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refu tation of the means of the adverse party. Vicat, In old European law. A portion or al lotment of land. Spelman.

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