KFLCC Kingdom Law 2nd Ed.

476

FACTA

FACTORY

FACTA.

In old English law.

Deeds.

though in maritime law and usage he is com monly called a "supercargo.". Beaw. Lex Merc. 44, 47; Iiverm. Ag. 69, 70. —Factorage. The allowance or commission paid to a factor by his principal. Winne v. Hammond, 37 111. 103; State v. Thompson, 12* Mo. 12, 25 S. W. 346.—Factors' acts. Th« name given to several English statutes (6 Geo. IV. c. 94; 5 & 6 Vict c. 39; 40 & 41 Vict c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any part there of, to one who believes him to be the bona fide owner of the goods. 2. The term is used in some of the state* to denote the person who is elsewhere called ••garnishee" or "trustee." See FACTOBIZ ING PROCESS. 3. In Scotch law, a person appointed to transact business or manage affairs for an other, but more particularly an estate-agent or one intrusted with the management of a landed estate, who finds tenants, makes leas es, collects the rents, etc. —Judicial factor. In Scotch law. A factor appointed by the courts in certain cases where it becomes necessary to intrust the management of property to another than the owner, as> where the latter is insane or imbecile or th# infant heir of a decedent FACTORIZING PROCESS. In American law. A process by which the effects of a debtor are attached in the hands of a 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 curtilage of which, steam, water, or any mechanical power is used to move or work any machinery em ployed In preparing, manufacturing, or finish ing cotton, wool, hair, silk, flax, hemp, jute, or tow. So defined by the statute 7 Vict. c. 15, § 73. By later acts this definition has been extended to various other manufactur ing 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. Liebenstein v. Insurance Co., 45 111. 303. And see Insurance Co. r. Brock, 57 Pa. 82; Hernlschel 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 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 distinguish-

deeds or feats of arms; that

Facta armorum,

is, jousts or tournaments. Cowell. Facts. Facta et casus,

facts and cases.

Bract fol. 16.

Facta sunt potentiora verbis.

Deeds

are more powerful than words.

Facta tenent nralta quse fieri prohi bentur. 12 Coke, 124. Deeds contain many things which are prohibited to be done. In the civil law. The right, power, or capacity of mak ing a will; called "factio activa." Inst. 2, 10, 6. The right or capacity of taking by will; called "factio passiva." Inst 2, 10, 6. FACTO. In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything su peradded, or any proceeding upon it to give it effect 3 Kent, Comm. 55, 58. 1. 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." Howland v. Woodruff, 60 N. Y. 80; In re Rabenau (D. C.) 118 Fed. 474; Lawrence v. Stonington Bank, 6 Conn. 527; Graham v. Duckwall, 8 Bush (Ky.) 17. 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. Civ. Code Cal. | 2026; Civ. Code Dak. § 1168. Classification. Factors are called "domes tic" or "foreign" according as they reside and do business 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. Ruffner y. Hewitt 7 W. Va. 585. Synonyms. A factor differs from a "bro ker" in that he is intrusted with the possession, management and control of the goods, (which gives him a special property in them,) while a broker acts as a mere intermediary without con trol or possession of the property; and further, 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. Hoeffinghoff (O. C.) 38 Fed. 641: Delafield v. Smith, 101 Wis. 664, 78 N. W. 170, 70 Am. St. Rep. 038; Graham v. Duckwall, 8 Bush (Ky.) 12; Slack v. Tucker, 23 Wall. 330, 23 L. Ed. 143. Fac tors 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. Thompson v. Woodruff, 7 Cold. 410; Duguid v. Edwards, 50 Barb. (N. Y.) 288; Lyon v. Al 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 a return cargo out of the proceeds, such agent is strictly and properly a "factor, FACTIO TESTAMENTI. FACTOR.