Blacks Law Dict. 1st ed

FAOTUM A JUDICE QUOD, ETC. 471

FAILING OF RECORD

In Scotch law. A power founded on consent, as distinguished from a power founded on property. 2 Kames, Eq. 265. FACULTY OF A COLLEGE. The corps of professors, instructors, tutors, and lecturers. To be distinguished from the board of trustees, who constitute the corpo ration. FACULTY OF ADVOCATES. The college or society of advocates in Scotland. FADERFIUM. In old English law. A marriage gift coming from the father or brother of the bride. F^SDER-FEOH. 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; i. e., it re veited to her family in case she returned to them. Wharton. F.2ESTING-MEN. Approved men who were strong-armed; habentes homines or rich men, men of substance; pledges or bonds men, who, by Saxon custom, were bound to answer for each other's good behavior. Cow ell; DuCange. FAGGOT. A badge worn in popish times by persons who had recanted and abjured what was then adjudged to be heresy, as an emblem of what they had merited. Cowell. FAGGOT VOTES. A faggot vote is where a man is formally possessed of a right to vote for members of parliament, without possessing the substance which the vote should represent; as if he is enabled to buy a property, and at the same moment mort gage it to its full value for the mere sake of the vote, touch a vote is called a "faggot vote." See7&8Wm.III.c.25, §7. Whar ton. FAIDA. In Saxon law. Malice; open and deadly hostility; deadly feud. The word designated the enmity between the family of a murdered man and that of his murderer, which was recognized, among the Teutonic peoples, as justification for vengeance taken by any one of the former upon any one of the latter. FAIL. The difference between "fail" and "refuse" is that the latter involves an act of the will, while the former may be an act of inevitable necessity. 9 Wheat. 344. FAILING OF RECORD. When at* action is brought against a person who alleges

Factum a judice quod ad ejus offi cium non spectat non ratum est. An action of a judge which relates not to his of fice is of no force. Dig. 50,17,170; 10 Coke, 76. Factum cuique suum non adversario, noceredebet. Dig. 50, 17,155. A party's own act should prejudice himself, not his ad versary. Factum infectum fieri nequit. A thing done cannot be undone. 1 Kames, Eq. 96, 259. FACTUM JURIDICUM. A juridical fact. Denotes one of the factors or ele ments constituting air obligation. Factum negantis nulla probatio sit. Cod. 4, 19, 23. There Is no proof incumbent upon him who denies a fact. " Factum " non dicitur quod non per severat. 5 Coke, 96. That is not called a "deed" which does not continue operative. FACTUM PROBANDUM. Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence Is to be directed. 1 Greenl. Ev. § 13. FACTUM PROBANS. A probative or evidentiary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence. Factum unius alter! noceri non debet. Co. Litt. 152. The deed of one should not hurt another. Faoultas probationum non est angus tanda. The power of proofs [right of offer ing or giving testimony] is not to be nar rowed. 4 Inst. 279. FACULTIES, COURT OF. In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places, and modes of burial. It has also various powers under 25 Hen. VIII. c. 21, in granting li censes of different descriptions, as a license to marry, a faculty to erect an organ in a parish church, to level a church-yard, to re move bodies previously buried. 4 Inst. 337. FACULTY. In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indul gence to do that which by law he may not do; e. g., to marry without banns, to erect a monument in a church, etc. Termes de la Ley,

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