4. Where a factor has a lien upon the goods and their proceeds for advances made to the principal it will be no defence to an action by him for the third party to plead that he has paid the principal, unless the factor by his conduct led the third party to believe that he agreed to a settlement being made with his principal.
5. The factor who acts for a foreign principal will always be personally liable unless it is clear that the third party has agreed to look only to the principal.
6. If a factor contract by deed under seal he alone can sue or be sued upon the contract; but mercantile practice makes contracts by deed uncommon.
Authorities.—Story, Commentaries on the Law of Agency (Boston, 1882); Boyd and Pearson, The Factors Acts 1823 to 1877 (London, 1884); Blackwell, The Law relating to Factors (London, 1897).
(L. F. S.)
FACTORY ACTS, the name given generally to a long series of acts constituting one of the most important chapters in the history of English labour legislation (see [Labour Legislation]); the term “factory” itself being short for manufactory, a building or collection of buildings in which men or women are employed in industry.
FACULA (diminutive of fax, Lat. for “torch”), in astronomy, a minute shining spot on the sun’s disk, markedly brighter than the photosphere in general, usually appearing in groups. Faculae are most frequent in the neighbourhood of spots. (See [Sun].)