Factum

A man's own act and deed; a culpable or criminal act; an act not founded in law; a deed; a written instrument under seal. Called, also, oharta. Spelman; 2 Bl. Comm. 295. The difference between factum and charta originally would seem to have been that factum denoted the thing done, and charta the evidence thereof. Co. Litt. 9b. When a man denies by his plea that he made a deed on which he is sued, he pleads nan est factum, he did not make it. In wills, factum seems to retain an active signification, and to denote a making. See 11 How. (U. S.) 358. A fact. Factum probandum, the fact to be proved. 1 Greenl. Ev. § 13. A portion of land granted to a farmer; otherwise called a hide, bovata, etc. Spelman. In French Law. A memoir which contains, concisely set down, the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. See Vicat. FACTUM A JUDICE QUOD AD EJUS OFficium non spectat, non ratum est. An act of a judge which does not pertain to his office is of no force. 10 Coke, 76; Dig. 50. 17. 170; Broom, Leg. Max. (3d London Ed.) 89,

A deed; a man’s own act and deed. A culpable or criminal act; an act not founded in law. A deed: a written Instrument under seal: called, also, charta. Spelman, Glosp.; 2 Bla. Com, 295. The difference between facium and charta originally would seem to hav6 been that factum denoted the thing done, and charta the evidence thereof; Co. Lltt. 9 b. When a man denies by his plea that be made a deed on which be Is sued, be pleads non eat factum (It is not his deed). In wills, factum seems to retain an active signification and to denote a making. See Weathorhead’s Lessee v. Baskerville, 11 How. (U. S.) 358, 13 L. Ed. 717., A fact Factum probandum (the fact to be proved). 1 Greenl. Ev. § 13. A portion of land granted to a farmer; otherwise called a hide, hovata, etc. Spelm. See Fact. In French Law. A memoir which contains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. See'Vlcat, Voc. Jur.

Lat In old English law. A deed; a person's act and deed; anything stated or made certuin ; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract, fol. lb.

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 understood the contents thereof, and did give, will, dispose, and do, in all things, as in the Baid wlll is contained. Weatherhcad v. Bask-ervllle, 11 How. 354, 13 L. Ed. 717.

In the civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3.

In French law. A memoir which contains concisely set down the fact on which a contest has happened, the mcans on which a party founds his pretensions, with the refutation of the means of the adverse party. Vicat' In old European law. A portion or allotment of land. Spelman.

— Factum juridicum. A juridical fact. Denotes one of the factors or elements constituting an obligation.

— 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.

I. A fact; a thing done; an act or deed; the execution of a will., Factum infettum Heri uequit: a thing done cannot be undone. Factum nou dicitur quod non perseverat: that is not said to be done which does not hold out. Factum probandum: a fact to be proved; the principal fact in a case. Factum probans: a proving or evidentiary fact. Factum uuius aiteri nocere non debet: the act or deed of one man ought not to prejudice another.

In old English law. Further, a fault; a culpable, unlawful or criminal act; a thing or deed done in writing. Factum indentatnm: a deed indented. Factum simplex: a deed poll.

In the civil law. A thing done; an act or deed. Factum a judice, quod ad ofiieium ejus non pertinet, ratnm non est: an act done by a judge, which does not belong to his office, is not valid. Factum cuiqne suum, non adversario, nocere debet: a party's own act should prejudice himself, not his adversary. Factum negantis nulla probatio sit [est]: there is no proof incumbent upon him who denies a fact.

pi. facta, I. A thing done; a deed; a fact. De facto: in fact.

Lat. [from facere, to do, to make; L. Fr. fait, q. v.] A thing done; an act or deed. Occultum factum; a secret act. Bract. fol. 187 b. Initium facti; the beginning of the deed. Id. Ex uno facto; from one act. Id. fol. 235. Ex post facto; from an after act; in consequence of a thing done afterwards. Id. fol. 11 b, 12. Fieri non debet, sed factum valet, (q. v.) It ought not to be done, but if done, it is valid. See Fieri. Factum infectum fieri nequit. A thing done cannot be undone. 1 Kames' Equity, 96, 259. Factum non dicitur quod non perseverat. That which does not hold out is not said to be done. 5 Co. 96. Shep. Touch. (by Preston,) 391. An act which may be avoided as soon as done, is no act in law. 6 Co. 3. Factum unius alteri nocere non debet. The act or deed of one man ought not to prejudice another. Co. Litt. 152 b.