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faciend
(gcide) | Operand \Op"er*and\, n. [From neuter of L. operandus, gerundive
of operari. See Operate.] (Math.)
The symbol, quantity, or thing upon which a mathematical
operation is performed; -- called also faciend.
[1913 Webster] |
Faciend
(gcide) | Faciend \Fa"ci*end\, n. [From neut. of L. faciendus, gerundive
of facere to do.] (Mach.)
The multiplicand. See Facient, 2.
[1913 Webster] |
| | podobné slovo | definícia |
Faciend
(gcide) | Operand \Op"er*and\, n. [From neuter of L. operandus, gerundive
of operari. See Operate.] (Math.)
The symbol, quantity, or thing upon which a mathematical
operation is performed; -- called also faciend.
[1913 Webster]Faciend \Fa"ci*end\, n. [From neut. of L. faciendus, gerundive
of facere to do.] (Mach.)
The multiplicand. See Facient, 2.
[1913 Webster] |
ALLOCATIONE FACIENDA
(bouvier) | ALLOCATIONE FACIENDA. Eng. law. A writ commanding that an allowance be made
to an accountant, for such moneys as he has lawfully expended in his office.
It is directed to the lord treasurer and barons of the exchequer.
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CAPIAS AD SATISFACIENDUM
(bouvier) | CAPIAS AD SATISFACIENDUM, practice. A writ of execution issued upon a
judgment in a personal action, for the recovery of money, directed to the
sheriff or coroner, commanding him to take the defendant, and him safely
keep, so that he may have his body in court on the return day, to satisfy,
ad satisfaciendum, the plaintiff. This writ is tested on a general teste
day, and returnable on a regular return day.
2. It lies after judgment in most instances in which the defendant was
subject to a capias ad respondendum before, and plaintiffs are subject to
it, when judgment has been given against them for costs. Members of congress
and of the legislature, (eundo, morando, et redezzndo,) going to, remaining
at, and returning from the places of sitting of congress, or of the
legislature, are not liable to this process, on account of their public
capacity; nor are ambassadors, (q.v.) and other public ministers, and
their, servants. Act of Congress of April 30, 1790, s. 25 and 26, Story's
Laws United States, 88; 1 Dunl. Pr. 95, 96; Com. Dig. Ambassador, B; 4 Dall.
321. In Pennsylvania, women are not subject to this writ except in actions
founded upon tort, or claims arising otherwise than ex contractu. 7 Reed's
Laws of Pa. 150. In several of the United States, the use of this writ, as
well as of the capias ad respondendum, has been prohibited in all actions
instituted for the recovery of money due upon any contract, express or
implied, or upon any judgment or decree, founded on any contract, or for the
recovery of damages for the breach of any contract, with a few exceptions.
See Arrest.
3. It is executed by arresting the body of the defendant, and keeping
him in custody. Discharging him upon his giving security for the payment of
the debt, or upon his promise to return into custody again before the return
day, is an escape, although he do return; 13 Johns. R. 366 8 Johns. R. 98;
and the sheriff is liable for the debt. In England, a payment to the sheriff
or other officer having the ca. sa., is no payment to the plaintiff. Freem.
842 Lutw. 587; 2 Lev. 203; 1 Arch. Pr. 278. The law is different in
Pennsylvania. 3 Serg. & Rawle, 467. The return made by the officer is either
C. C. & C., cepi corpus et comittitur, if the defendant have been arrested
and held in custody; or N. E. I., non est inventus, if the officer has not
been able to find him. This writ is, in common language, called a ca. sa.
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DE PARTITIONE FACIENDA
(bouvier) | DE PARTITIONE FACIENDA. The name of a writ for making partition. Vide
Partition.
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DE REPARATIONE FACIEND
(bouvier) | DE REPARATIONE FACIENDA. The name of a writ which lies by one tenant in
common against the other, to cause him to aid in repairing the common
property. 8 B. & C. 269.
DE RETORNO HABENDO The name of a writ issued after a judgment has been given
in replevin, that the defendant should have a return of the goods replevied.
See 3 Bouv. Inst. n. 3376.
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IN FACIENDO
(bouvier) | IN FACIENDO. In doing, or in feasance. 2 Story, Eq. Jurisp. Sec. 1308.
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LOCATIO OPERIS FACIENDI
(bouvier) | LOCATIO OPERIS FACIENDI, contracts. A term used in the civil law. There are
two kinds, first, the location operis faciendi, strictly so called, or the
hire of labor and services; such as the hire of tailors to make clothes, and
of jewelers to set gems, and of watchmakers to repair watches. Jones' Bailm.
90, 96, 97. Secondly, Locatio custodiae, or the receiving of goods on
deposit for a reward, which is properly the hire of care and attention about
the goods. Story on Bailm. 422, 442; 1 Bouv. Inst. n. 994.
2. In contracts for work, it is of the essence of the contract, first,
that there should be work to be done; secondly, for a price or reward; and,
thirdly, a lawful contract between parties capable and intending to
contract. Pothier, Louage, n. 395 to 403.
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PERAMBULATIONE FACIENDA
(bouvier) | PERAMBULATIONE FACIENDA, WRIT DE, Eng. law. The name of a writ which is sued
by consent of both parties, when they are in doubt as to the bounds of their
respective estates; it is directed to the sheriff to make perambulation, and
to set the bounds and limits between them in certainty. F. N. B. 309.
2. "The writ de perambulatione facienda is not known to have been
adopted in practice in the United States," says Professor Greenleaf, Ev.
Sec. 146 note, "but in several of the states, remedies somewhat similar in
principle have been provided by statutes."
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