Eyott

a small island arising in river. See Island. took a book and went out, is to express four simple facts. A compound fact contains the materiality of the act, and the qualification which that act has in its connexion with morals and with the law. To say, then, that Peter has stolen a horse is to express a compound fact; for the fact of the stealing expresses at the same time, the material fact of takthe owner of his property and appro- 1 priating it to his own use; which is a violation of the law of property. Fact is also put in opposition to law; in every case which has to be tried there are facts to be established, and the law which bears on those facts. Facts are also to be considered as material or immaterial. Material facts are those which are essential to the right of action or defence, and therefore of the substance of the one or the other—these must always be proved; or immaterial, which are those not essential to the cause of action—these need not be proved. Facts are generally determined by a jury; but there are many facts, which not being the principal matters in issue, may be decided by the court; such, for example, whether a subpoena has or has not been served; whether a party has or has not been summoned, &c. As to leading material facts, see Gould, l. c.

3, s. 28.

Vide Eng. Ecc. R. AO1, 2, and the article Circumstances.