99 99 99 99 99 ---------------------------------------- ------------------- ,transcriber's ,note3 ,inconsistent hyphenation in the original document has been preserved4 ,bolded text is represented like so4 ,obvious typographical errors have been corrected4 ,for a complete list1 please see the end of this document4 ---------------------------------------- ------------------- 99 99 99 99 99 ,,by ,,albert ,,sidney ,,bolles1 ,,ph4,d41 ,,ll4,d4 ,,the ,,modern ,,law ,,of ,,banking ,,banks ,,and ,,their ,,depositors ,,bank ,,officers ,,bank ,,collections ,,the ,,national ,,bank ,,act ,,and ,,its ,,judicial ,,interpretation ,putnam's ,handy ,law ,book for the ,layman ,putnam's ,handy ,law ,book for the ,layman ,by ,albert ,sidney ,bolles1 ,ph4,d41 ,,ll4,d4 ,formerly ,professor of ,commercial ,law and ,banking in the ,university of ,pennsylvania1 also ,lecturer on the ,same ,subjects in ,haverford ,college ,g4,p4 ,putnam's ,sons ,new ,york and ,london ,the ,knickerbocker ,press ,copyright1 #aiba by ,albert ,sidney ,bolles ,published ,september1 #aiba ,reprinted ,december1 #aiba ,march1 ,july1 #aibb ,april1 #aibc ,illustration ,made in the ,united ,states of ,america ,,foreword ,what useful purpose can this book serve8 ,most of the laws under which we live are kept1 not from knowing them1 but because the good sense of individuals leads them along legal ways4 ,yet in many cases their good sense fails to discover the right way4 ,thus1 the receiver of a check on a bank must present it within a reasonable time after receiving it1 and if he keeps it longer the risk of loss1 should the bank fail1 is his own4 ,what is this reasonable time8 ,one man says three days1 another a week1 another a month4 ,so one's common sense fails to establish a definite reasonable time4 ,it is needful to have the time fixed1 and the law therefore has established a reasonable time4 ,there are many cases like this in which one's common sense fails to furnish a correct1 yet needful guide4 ,this little book contains many of the legal principles that are in most frequent use1 as readers will learn who carefully read it4 ,again1 if they do not always find an answer to their questions1 it is believed that in many cases they will find enough law of a general nature from which they can safely solve their questions4 ,they are therefore besought to do something more than merely consult this book for the purpose of finding ready and complete answers to their questions1 to read it and become familiar with its contents4 ,besides the law presented here the reader should learn to be cautious1 and not trust too much his own judgment when no rule can be found for his guidance4 ,many a person has written his own will1 as he has a right to do1 and after giving a legacy to a relative or friend has nullified the gift by having the legatee1 through the testator's ignorance1 sign as a witness4 ,the writer knew a railway president who had the temerity to draw the writing containing an important contract between his railroad and another1 and who1 by unintentionally putting a comma in the wrong place1 made his road instead of the other responsible for large losses4 ,if this book shall make the reader cautious concerning the legality of his undertakings1 it will be worth to him many times its price4 ,a4,s4,b4 ,,contents ,,page ,,explanation ,,of ,,terms #a ,,adopted ,,child #e ,,agency #f ,,agreement ,,to ,,purchase ,,land #ae ,,auctioneer #af ,,automobile #ai ,,bailor ,,and ,,bailee #bf ,,bankruptcy #ca ,,beneficial ,,associations #ch ,,broker #de ,,carrier #dh ,,chattel ,,mortgage #eb ,,chauffeur #eg ,,check #eh ,,citizen #fb ,,contracts #fd ,,corporations #gb ,,curtesy #aja ,,deceit #ajb ,,deeds #ajd ,,divisional ,,tree #aac ,,dower #aac ,,drunkenness #aaf ,,equitable ,,remedies #aah ,,factor #abc ,,fire ,,insurance #abd ,,fixtures #acb ,,garage ,,keeper #acc ,,homestead #ace ,,husband ,,and ,,wife #acg ,,innkeeper #adg ,,land ,,license #adi ,,lease #aea ,,legal ,,remedies #afd ,,life ,,insurance #afg ,,minor #agf ,,mortgage #agg ,,negotiable ,,paper #ahc ,,parent ,,and ,,child #aig ,,partnership #aih ,,patent #bjb ,,payment #baa ,,prescriptive ,,rights #bad ,,quasi ,,contracts #bah ,,sale #bbg ,,shipping #bce ,,statute ,,of ,,frauds #bdb ,,statutes ,,of ,,limitation #bdc ,,telegraph ,,and ,,telephone #bdf ,,torts ,,or ,,wrongs #bdh ,,warranty #bfj ,,will #bfb ,,workmen',s ,,compensation ,,acts #bff ,,legal ,,forms ,,for ,,everyday ,,use #bgg ,,index #cba ,putnam's ,handy ,law ,book for the ,layman ,explanation of ,terms4--,at the outset the explanation of a few terms1 often used1 may be helpful to the reader4 ,among these are the terms statute and common law4 ,statute law or statutes mean the laws enacted by the state legislature and by the federal congress4 ,common law means the decisions made by the state and federal courts4 ,these decisions may relate to the interpretation and application of statutes1 or to the application of former decisions or precedents1 or to the qualification and application of them1 or to the making and application of new rules or principles where none exist that are needed to decide the case in hand4 ,it is a rule of the most general application that legal decisions are precedents which are to be followed in other cases of the same character4 ,the decisions of the highest court in each state must be followed by the lower courts1 but no courts in any state are obliged to follow the decisions of the courts in any other state4 ,the courts in every state must also follow the decisions of the federal courts in all matters of a national character4 ,thus if a federal court decides the meaning or interpretation of a federal statute1 a state court must follow the interpretation in a case requiring the application of that statute4 ,again1 common law decisions are not binding on the courts that make them like statutes or legislative commands4 ,a decision may be modified or set aside when it is regarded as no longer applicable to the present condition of things4 ,it may also be set aside or changed by legislative action4 ,the common law is therefore always slowly changing like the ocean and is never at rest4 ,the common law forms much the largest part of the great body of law under which we live4 ,this book is a collection chiefly of common law principles2 a few statutes are interwoven here and there to complete the subjects presented4 ,the distinction also between civil and criminal law requires explanation4 ,nearly all criminal law is founded on statutes1 in other words the statutes1 state and federal1 define nearly all legal crimes known to society4 ,it is therefore true that the field of crime is not fixed1 is in truth always changing4 ,thus formerly if a man bought goods on credit of another on the statement that he was worth fifty thousand dollars and the seller afterward learned that he was not worth fifty cents1 the seller could sue the buyer to recover the value of the goods and for any additional loss1 but could do no more4 ,many1 perhaps all the states1 now declare by statute that such an act is a crime1 and the offender can be prosecuted by the state and fined or imprisoned or both4 ,and the wrongdoer may still be sued in a civil action for the loss to the seller as before4 ,all crimes are prosecuted by the officers of the state chosen or appointed for that purpose4 ,again1 as in the case mentioned1 the wrongful act has a double aspect4 ,an individual who has been wronged may proceed against the wrongdoer to recover his loss2 the state also has been wronged and may also proceed against him4 ,a good illustration is a bank defaulter4 ,the bank may proceed through a court of law to recover the money lost by him1 or from those who have promised to make the bank good should he wrongfully take anything2 the state may also proceed against him as a criminal for breaking a statute that forbids him from doing such a thing4 ,furthermore1 should the bank1 as often happens1 agree to accept a sum from the defaulter and not trouble him further1 the agreement would be no bar to an action by the state against him4 ,the terms law and equity are frequently used in the law books and require explanation4 ,formerly there was no such term as equity in the common law4 ,it came to be used as a supplement to the law to indicate ways of doing things unknown to the law1 which ought to be done4 ,thus if a man threatened to fill up your well because it stood1 as he claimed1 on his land1 you had no preventive remedy at law4 ,you could use some force to prevent him1 you could not kill him1 or put out his eyes1 or treat him roughly4 ,the law only gave you the right to proceed against him to recover money damages for the legal injury4 ,a court of equity has a preventive remedy4 ,if one threatens to fill up your well you can petition or pray the court to order that he shall refrain until there has been a legal hearing to determine whether he has any right to do so and the court will order him to desist until it has heard the case1 and will enforce its order with a fine or penalty should he disobey4 ,the term equity contains a larger element of justice than law2 and the courts often say that an act is just or equitable1 meaning that an act which is just or equitable may not always be a legal act4 ,equity therefore is a broader term1 and is in constant use in legal proceedings4 ,another word frequently used in this book is action4 ,when a person has wronged another1 for example1 has not paid a promissory note that is due1 and the wronged party wishes to collect it through the courts1 he brings an action1 so called1 against the wrongdoer for that purpose4 ,sometimes the word suit is used4 ,suit1 or case in court1 is a common expression4 ,finally something should be said about courts of law4 ,every state has three kinds or classes of courts4 ,first a court in which suits are brought and tried relating to small matters1 the recovery of money1 for example1 for one or two hundred dollars or less1 also for small petty criminal offenses4 ,next is a higher court in which suits for all larger matters are begun and tried1 as well as appeals from the lower court4 ,lastly is a third court of review1 usually called the supreme court1 composed in most of the states of five1 or more often1 seven judges1 who review the decisions of the court below whenever application is made founded on erroneous matters1 the wrongful admission of1 or refusal to admit1 evidence and the like1 and their decisions form the great body of the common law4 ,the federal government also has three courts corresponding somewhat to the courts established by the states4 ,first is a court existing in every state called the district court1 while some states1 like ,new ,york1 are divided into several districts4 ,an appeal lies from its decision to the court of appeals consisting of three judges4 ,there are nine of these courts1 one for each circuit into which the ,united ,states is divided4 ,lastly appeals may be taken from their decisions and also from the decisions of the supreme courts of the states to the supreme court of the ,united ,states consisting of nine judges4 ,an appeal does not lie in every case decided by a state court or by the federal courts of appeal2 only such cases as the highest court shall decide after application1 made in proper form1 may be appealed and heard by that tribunal4 ,we have already explained the term equity4 ,formerly there were courts to try and decide equity cases4 ,england still maintains such courts and a few exist in the ,united ,states2 ,new ,jersey and ,delaware are two of these states4 ,the chief official of the court is called a chancellor1 the others vice chancellors4 ,instead of an action1 as in a court of law1 the preliminary proceeding is called a petition or bill1 and while in substance it is similar to an action or complaint1 used in a court of law1 the form is quite different4 ,the modern tendency of the law1 considered in the most general way1 is to fuse law and equity1 and to endow law judges with equity powers4 ,for further explanation see ,legal ,remedies and ,equitable ,remedies4 ,adopted ,child4--,children are sometimes adopted4 ,by doing so the natural parents lose all personal rights and are relieved from all legal duties4 ,the adopted parents acquire the right to the adopted child's custody and control1 to his services and earnings1 and they must maintain and educate him4 ,in some states he becomes the heir of the adopted parent like a natural child1 with some limitations4 ,who can inherit an adopted child's property is not clearly settled4 ,he can also inherit from his natural parent and kindred as if he had not been adopted4 ,in ,massachusetts the courts hold that an adopted child will take like a natural child under a residuary clause in an adopted father's will giving all the property not otherwise devised to his child or children4 ,see ,parent and ,child4 ,agency4--,much of the business of our day is done by agents or persons who represent others4 ,the most general division is into general and special agents4 ,a general agent is one who has authority to act for his principal or person he represents in all matters1 quite as the principal himself could do2 or in some of his matters4 ,thus if a principal had a farm he might have a general agent to act as his farmer2 if he owned a mill1 another general agent who had charge of it4 ,if he had two mills1 he might have a general agent for each1 and so on4 ,a special agent is authorized to do a specific thing1 to sell a home1 buy a horse1 or effect some particular end or purpose4 ,while this distinction is plain enough in many cases1 in others the lines run so close together that it is difficult to decide whether one is a general or special agent4 ,whenever one acts as a general agent he is supposed to have all the authority that general agents possess who thus act for their principals1 unless the person who is dealing with him knows of the restriction on his authority4 ,suppose one goes to the office of a general insurance agent to get insurance on his home4 ,a policy is taken and afterwards the house burns up4 ,the company declines to pay because the agent made a lower rate than was authorized by his company4 ,the insured however knew nothing about the restriction1 and supposed that the agent had the same authority as other insurance agents have concerning rates4 ,the company would be obliged to pay4 ,but if the insured knew that restrictions had been put on the agent and that he was violating them in giving him the lower rate1 the company would not be liable4 ,one who deals with a special agent must find out what authority he possesses2 therefore more care is needful in dealing with a special than with a general agent4 ,his authority must be strictly pursued4 ,thus it is said that a person dealing with him acts at his own peril1 is put upon inquiry1 is chargeable with notice of the extent of his authority1 it is his duty to ascertain1 he is bound to inquire1 and if he does not he must suffer the consequences4 ,in some cases the law creates an agency4 ,thus an unpaid vendor of goods sometimes has authority to sell them1 so has a pledgee of goods outside the authority conferred by the contract pledging them4 ,a married woman whose husband does not supply her has a limited power to buy necessaries on her husband's credit1 which prevails notwithstanding any objection he may make4 ,a minor sometimes has the same power4 ,a person can act as an agent for another who cannot act for himself4 ,minors therefore can thus act4 ,besides individuals1 corporations often act for others4 ,the authority of an agent may be given in writing1 a power of attorney so called1 or he may act1 and often does1 without written authority1 especially a general agent4 ,to this rule there is one well understood exception4 ,if an agent is required in executing his authority to sign a deed or other writing1 especially a sealed writing1 his authority must also be equally great4 ,in executing a deed therefore his authority must be in writing under seal1 and when the deed is recorded1 the agent's written authority should also be recorded2 this is the usual practice4 ,if this is not done1 some person who afterward wished to purchase the land might object because the recorded title was defective4 ,a particular usage or custom also affects an agent's powers4 ,if the principal confers on him authority to transact business of a well-defined nature1 bounded by well-defined usage and customs1 the law presumes the agency was created with reference to them4 ,this protection affects agents and third persons alike1 the latter therefore who act in good faith in such dealings are protected against secret limitations of which they had no notice4 ,an agent has no authority to purchase his principal's property4 ,to do this1 in a sense1 would be to purchase of himself4 ,the temptation to do this is sometimes very great1 too great for him to withstand1 and so he resorts to a crooked method for accomplishing his end4 ,he sells the property to another party who afterward sells it back to him4 ,the worst violators of this principle have been railway receivers1 who have taken advantage of their position to get control of the property entrusted to them at a sum much less than its real value4 ,such sales can be set aside by proper legal procedure4 ,by the modern rule they are not void but are voidable1 that is1 can be set aside if the creditors or other interested parties wish to do so4 ,whenever therefore one deals with a general agent and his authority is disputed1 unless there be restrictions known to the person dealing with him1 the liability of his principal turns on the answer to the general question1 what authority do general agents like himself have4 ,this is simply a question of fact1 to be determined like every other question of fact by the court in which the controversy is pending4 ,another way of rendering a principal liable for the act of his agent is by ratifying it4 ,suppose ,a professed to be the agent of ,b in building a house for ,c1 and built it so badly that ,c sued ,b to recover damages1 whose defense was1 that ,a was not his agent4 ,suppose1 however1 that ,b accepted payment for the house1 this would be a ratification of ,a's authority to act for ,b even if he did not have proper authority in the beginning4 ,suppose ,a had authority to sell goods for ,b but not to collect payment1 and someone should pay him and he ran off with the money1 could his principal still collect the money of the buyer of the goods8 ,this is a hard case1 and has happened many times4 ,the buyer usually is required to pay the second time4 ,but if ,b1 notwithstanding his direction to his agent not to collect payment1 should receive it such conduct would operate as a ratification4 ,whether the authorized act arises from a contract or from a wrong or tort1 whoever with knowledge of all the facts adopts it as his own1 or knowingly appropriates the benefits1 which another has assumed to do in his behalf1 will be deemed to have assumed responsibility for the act4 ,of course1 such action does not render an act valid that was invalid before2 its character in this respect is not changed by anything the ratifier may do4 ,can a forgery be ratified8 ,the right of the state to pursue the forger cannot be defeated by its ratification1 but so far as the act may be regarded merely as the act of an unauthorized agent1 it may be ratified like any other4 ,mechem says that if at the time of signing1 the person doing so purported to act as agent1 the act might be ratified4 ,again1 a principal cannot accept part of an agent's act and reject the remainder4 ,the acceptance or rejection must be complete4 ,in appointing an agent the principal has in mind the qualifications of the person appointed1 he cannot therefore without his principal's consent1 designate or substitute another person for himself4 ,this rule though does not prevent him from employing other persons for a minor service4 ,indeed1 in many cases a general agency requires the employment of many persons to execute the business4 ,how far one may go in thus employing others to execute the details1 and how much ought to be done by the general agent himself1 depends on the nature of the business4 ,the inquiry would be one of fact1 to what extent is a general agent in his particular business expected or assumed to do the things himself4 ,one rule to guide an agent is this3 when the act to be done is purely mechanical or ministerial1 requiring no direction or personal skill1 an agent may appoint a subagent4 ,thus an agent who is appointed to execute a promissory note1 or to sign a subscription agreement1 or to execute a deed1 may appoint another to do these things4 ,likewise an agent who is authorized to sell real estate with discretionary power to fix the price and other terms1 may employ a subagent to look up a purchaser1 or to show the land to one who is desirous of purchasing4 ,when a person is really acting as an agent1 but this is not known by the persons with whom he is doing business1 he is liable to them as if he were the principal4 ,it often happens for various reasons that agents do not disclose their principals4 ,suppose a dealer finds out that the agent presumably acting for himself was1 in truth1 acting for another1 could the real principal be held responsible and the agent escape1 or could both be held8 ,the answer is1 after discovering the real principal1 both can be held1 or either of them4 ,the failure of an agent to disclose his agency will not make him individually liable if the other party knew that he was dealing with a principal with whom he had had dealings through the agent's predecessor4 ,notice of the agency to one member of a firm is not sufficient notice to the firm to release the agent from personal responsibility in subsequent transactions with another member who did not know and was not informed of the agency4 ,again1 the liability must be determined by the conditions existing at the time of the contract1 his subsequent disclosure will not relieve the agent4 ,finally1 while the agent may be held in such a case1 the principal also is liable1 except on instruments negotiable and under seal1 on the discovery of his relationship as principal4 ,while secret instructions to an agent that are unknown to persons dealing with him do not bind them1 the principal is liable for any acts within the scope of his agent's authority connected with the business conducted by his agent for him4 ,some very difficult questions arise in applying this rule4 ,a car conductor is instructed to treat passengers civilly and to use no harsh means with them1 save in extreme cases4 ,how far may a conductor go with a disorderly passenger8 ,very likely he would be justified in putting him off2 suppose the conductor was angry and administered hard and needless kicks in the operation8 ,his principal surely would not be liable1 though the conductor doubtless would be4 ,suppose in buying a railway ticket the agent loses his temper and calls you a liar and a thief1 you would have an action against him for slander1 unless you happened to be one1 but you would have no action against his principal for the company did not employ him to slander its patrons2 to do this was clearly not in the scope of his employment4 ,an agent must not act for both parties in any transaction unless this is understood by both of them4 ,nor can an agent receive any personal profit from a transaction4 ,whatever profit there may be should be given to the principal4 ,thus if an agent is authorized to buy a piece of property for his principal and buys it for himself1 or hides the transaction under the name of another1 the principal1 after discovering what his agent has done1 can proceed to obtain the property4 ,an agent must be faithful and exercise reasonable skill and diligence4 ,money belonging to the principal should be deposited in the principal's name1 or1 if in the agent's name1 his agency should be added2 otherwise if the bank failed the agent would be responsible for the loss4 ,again1 if the agent deposited the money in his own name the true owner could proceed against the bank to recover it4 ,a principal is liable for the statements and representations of his agent that have been expressly authorized4 ,he is also liable even for false and fraudulent representations made in the course of the agent's employment1 especially those resulting in a contract from which the principal reaped a benefit4 ,even though the statements may not have been expressly authorized1 such authority may be implied by law because they are the natural and ordinary incidents of the agent's position4 ,thus the position of a business manager often calls for a great variety of acts1 orders1 notices1 and the like1 and statements made while performing them are regarded as within the line of his duty4 ,an agency may end at a fixed time1 or when the particular object for creating it has been accomplished1 or by agreement of the parties4 ,in many cases an agency is created for an indefinite period1 and in these either party can terminate it whenever he desires4 ,there are some limitations to this principle4 ,neither party can wantonly sever the relation at the loss of the other2 and if one of them did he would be liable for the damage sustained by the other4 ,likewise if the agent has an interest of his own in the undertaking the principal cannot terminate it before its completion without the agent's consent4 ,such a rule is needful for his security4 ,the bankruptcy of a business agent operates as a revocation of his authority1 but not when the act to be done is of a personal nature like the execution of a deed4 ,if the principal becomes insane and unable to exercise an intelligent direction of his business1 his condition operates as a revocation or suspension for the time being of his agent's authority4 ,if on recovering1 he manifests no will to terminate his agent's authority1 it may be considered as a mere suspension1 and his assent to acts done during the suspension may be inferred from his forbearing to express dissent when they come to his knowledge4 ,likewise an agent's insanity terminates or suspends the agency for the time being unless he has an interest of his own in the matter4 ,partial derangement or monomania will not have that effect unless the mania relates to the agency1 or destroys the agent's ability to perform it4 ,again1 the marriage of a principal in some cases1 unless a statute has changed the common law1 will revoke the power previously given1 especially when its execution will defeat or impair rights acquired by marriage4 ,thus should a man give a power of attorney to another to sell his homestead1 but before effecting a sale the principal should marry1 his marriage would revoke the power4 ,by marrying the wife acquires an interest in the property which cannot be taken away from her without her consent by joining in a deed of conveyance with her husband4 ,likewise the marriage of a woman would operate to revoke a power of attorney previously given by her whenever its execution would defeat the rights acquired by her husband4 ,an agent's marriage usually will not affect the continuance of his agency4 ,when an agency is terminated it is often needful for the principal to notify all customers for his protection1 otherwise they might continue to do business with the agent1 supposing he was thus acting1 and involve him perhaps in heavy loss4 ,this rule applies especially to partnerships1 each member of which is an agent with general authority to do the kind of business in which it is engaged4 ,if the authority of an agent in writing is revoked1 but is still left with him and is shown to a third person who1 having no knowledge of the revocation1 makes a contract with him1 the principal will be held for its execution4 ,another rule of law may be given4 ,the law assumes that any knowledge acquired by an agent concerning his principal's business1 will be communicated to his principal1 who is bound thereby4 ,this rule though is often difficult to apply4 ,thus1 if a cashier of a bank should learn that a note was defective1 which was afterward discounted by his bank1 it would be regarded as having knowledge of the defect1 because it was the cashier's duty to inform the proper officials before they discounted it4 ,the death of either agent or principal terminates the agency except in cases of personal interest4 ,and when an agent has appointed a substitute or subagent without direct authority1 and for his own convenience1 the agent's death annuls the authority of the subagent or substitute1 even though the agent was given the right of substitution4 ,but if the subagent's authority is derived directly from the principal1 it is not affected by the agent's death4 ,agreement to ,purchase ,land4--,an agreement to purchase land must be in writing to be valid4 ,oral or parol agreements may be made to do many things1 but everywhere the law makes an exception of agreements relating to land purchases4 ,a statute that is quite similar in the states requires this agreement to be in writing and signed by the party against whom it is to be enforced4 ,thus if the seller wishes to enforce such an agreement1 he must produce a writing signed by the purchaser2 if the latter wishes to hold the seller1 he must do the same thing4 ,the better way is to have the writing signed by both parties4 ,how complete must the writing be8 ,it need not mention the sum to be paid for the land2 it can be signed with a lead pencil3 a stamp signature will suffice4 ,the entire agreement need not be on one piece of paper4 ,if it can be made out from written correspondence between the two parties this will be enough4 ,to this rule of law are some exceptions4 ,therefore if an oral agreement for the sale of land is followed by putting the buyer into possession1 the law will compel the seller to give him a deed4 ,the proceeding would consist of a petition addressed to a court of equity1 which would inquire into the facts1 and if they were true1 would compel the seller to give the purchaser a deed of the land4 ,the reason for making this exception is1 the purchaser would be a trespasser had he no right to be there3 to justify his possession the law permits him to prove1 if he can1 his purchase of the land2 and if he has bought it1 of course he ought to have a deed of his title4 ,once1 a purchaser who made an oral agreement and paid part of the purchase money could compel the seller to give him a deed1 and many still think such action is sufficient to bind the bargain4 ,this is no longer the law4 ,the practice gave rise to much fraud3 ,a would assert that he gave money to ,b to pay for land when in truth it was given for some other purpose4 ,so the courts abandoned the rule founded on the part payment of the purchase price4 ,a can however get back his money4 ,an option to purchase land1 contained in an agreement to sell1 must be exercised within a reasonable time1 if none is fixed in the agreement4 ,see ,deed4 ,auctioneer4--,an auctioneer1 employed by a person to sell his property1 is primarily the owner's agent only1 and he remains his exclusive agent to the moment when he accepts the purchaser's bid and knocks down the property to him4 ,on accepting the bid the auctioneer is deemed to be the agent of the purchaser also1 so far as is needful to complete the sale2 he may therefore bind the purchaser by entering his name to the sale and by signing the memorandum thereof4 ,his signing is sufficient to satisfy the ,statute of ,frauds in any state conferring on an agent authority to make and contract for the sale of real and personal property without requiring his authority to be in writing4 ,his agency may begin before the time of the sale and continue after it4 ,again1 the entry of the purchaser's name must be made by the auctioneer or his clerk immediately on the acceptance of the bid and the striking down of the property at the place of sale4 ,it cannot be made afterward4 ,the auctioneer at the sale is the agent of the purchaser who by the act of bidding calls on him or his clerk to put down his name as the purchaser4 ,in such case there is little danger of fraud4 ,if the auctioneer could afterward do this he might change the name1 substitute another1 and so perpetrate a fraud4 ,a sale by auction is complete by the ,sales ,act when the auctioneer announces its completion by the fall of the hammer1 or in other customary manner4 ,until such announcement is made1 any bidder may retract his bid2 and the auctioneer may withdraw the goods from sale unless the auction has been announced to be without reserve4 ,authority may be conferred on an auctioneer in the same manner as on any other agent for the sale of similar property1 verbally or in writing4 ,even to make a contract for the sale of real estate1 oral authority to the auctioneer is sufficient1 in the absence of a statute to the contrary4 ,authority to sell property does not of itself imply authority to sell it at auction1 and the purchaser therefore who has notice of the agent's authority or knowledge sufficient to put him on inquiry1 acquires no title to the property thus purchased4 ,if goods are sent to an auction room to sell1 this is deemed sufficient evidence of authority to sell them in that manner and to protect whoever buys them4 ,as an auctioneer is ordinarily a special agent1 the purchaser is supposed to know the terms and conditions imposed by the seller on the agent4 ,the seller or owner therefore is not bound by any terms stated by the auctioneer differing from those given to him4 ,if the owner has imposed no terms on him1 then he has the implied authority usually existing in such cases4 ,an auctioneer has authority to accept the bid most favorable to the seller when the sale is made without reserve and to strike down the property to the purchaser4 ,he cannot therefore consistently with his duty to his principal refuse to accept bids1 unless the bidder is irresponsible or refuses to comply with the terms of the sale4 ,he is justified in rejecting the bids of insane persons1 minors1 drunken persons1 trustees of the property1 and perhaps in some cases of married women4 ,an auctioneer cannot transfer his duty to another4 ,this rule does not prevent him from employing others to do incidental things connected with the keeping and the moving of the property4 ,he cannot sell on credit contrary to his instructions or custom2 nor would he be secure in following custom if instructed to do otherwise4 ,after the bid has been accepted the bidder has no authority to withdraw it without the owner's consent1 nor can he be permitted to do so by the auctioneer4 ,nor can he sell at private sale if his instruction is to sell publicly1 nor can he justify himself even if he acted in good faith and sold the property for more than the minimum price fixed by the owners4 ,nor can he sell the property to himself1 nor authorize any other person to bid and purchase for him either directly or indirectly4 ,it is impossible with good faith to combine the inconsistent capacities of seller and buyer1 crier and bidder1 in one and the same transaction4 ,he has no authority to warrant the quality of property sold except custom or authority is expressly given to him4 ,nor is he an insurer of the safety of the goods entrusted to him for sale2 he must however use ordinary and reasonable care in keeping them4 ,lastly1 an auctioneer should disclose his principal and contract in his name4 ,if one bought property therefore supposing it belonged to ,a1 when in fact it belonged to ,b1 through any manipulation of the auctioneer1 the bidder would not be bound4 ,automobile4--,the members of the public have a right to use the public avenues for the purpose of travel and of transporting property3 nor has the driver of horses any right in the road superior to the right of the driver of an automobile4 ,each has the same rights1 and each is equally restricted in exercising them by the corresponding rights of the other4 ,again1 the public ways are not confined to the original use of them1 nor to horses and ordinary carriages4 ,the use to which the public thoroughfare may be put comprehends all modern means of carrying including the electric street railroad and automobile4 ,it has been declared that the fact that motor vehicles may be novel and unusual in appearance and for that reason are likely to frighten horses which are unaccustomed to see them1 is no reason why the courts should adopt the view of prohibiting such machines4 ,the general rule is that all travelers have equal rights to use the highways4 ,an automobile therefore has the same rights and no more than those of a footman4 ,the mere fact that automobiles are run by motor power1 and may be operated at a dangerous and high rate of speed1 gives them no superior rights on the highway over other vehicles1 any more so than would the driving of a race horse give the driver superior rights on the highway over his less fortunate neighbor who is pursuing his journey behind a slower horse4 ,there is no authority or power in the state to exclude non-resident motorists from the public ways1 nor have the states power to place greater restrictions or burdens on non-resident automobilists than those imposed on their own citizens4 ,a license to operate an automobile is merely a privilege4 ,it does not constitute a contract1 consequently it does not necessarily pass to a purchaser of the vehicle1 and may1 for a good reason1 be revoked4 ,moreover the charge imposed for the privilege of operating a motor on the highway is not generally considered a tax1 only a mere license or privilege fee4 ,an automobile may be hired from the owner4 ,this is called in law a bailment4 ,the bailor is not responsible generally for any negligence of the hirer in operating the car4 ,nor is the rule changed should the hirer be an unskilled person1 unless he was an immature child or clearly lacking in mental capacity1 or was intoxicated4 ,where the owner of an automobile delivered it to another by agreement1 who was to pay the purchase price from the money derived from its use1 and thereafter had complete control of the machine1 his negligence could not be charged to the seller4 ,again1 where an automobile is hired and the chauffeur is also furnished by the owner1 who pays him for operating the car1 and the hirer has no authority over him except to direct his ways of going1 the chauffeur is regarded as the servant of the owner4 ,he1 therefore1 and not the hirer is responsible for the negligence of the chauffeur4 ,of course1 the rule would be changed if the hirer assumed the management of the car3 then the hirer alone would be liable for the chauffeur's negligence4 ,a party who hires an automobile from another is bound to take only ordinary care of it and is not responsible for damage whenever ordinary prudence has been exercised while the car was in his custody4 ,if lost through theft1 or is injured as a result of violence1 the hirer is only answerable when these consequences were clearly the result of his own imprudence or negligence4 ,the hirer though must account for the loss or injury4 ,having done this1 the proof of negligence or want of care is thrown on the bailor4 ,if the hirer should sell the automobile without authority to a third party1 the owner or bailor may bring an action against even an innocent purchaser who believed that the hirer had the title and power to sell4 ,there is an implied obligation on the hirer's part to use the car only for the purpose and in the manner for which it was hired4 ,and if it is used in a different way and for a longer time1 the hirer may be responsible for a loss even though this was inevitable4 ,suppose the hirer misuses the car1 what can the owner do8 ,he can repossess himself1 if this can be done peaceably1 otherwise he must bring an action for the purpose4 ,as the hirer acquires a qualified title to the property1 he can maintain an action against all persons except the owner1 and even against him so far as the contract of letting may set forth the relations between them4 ,when an owner or hirer undertakes to convey a passenger to a specified place and1 while on the way1 the car breaks down1 if it cannot be properly mended at the time and the owner or hirer is able to furnish another1 the law requires him to do so and thus fulfil his contract4 ,the owner of a motor vehicle1 says ,huddy1 is of course entitled to compensation for the use of the machine4 ,if a definite sum is not stated in the contract between the parties1 there arises an implied undertaking that the hirer shall pay a reasonable amount4 ,one who uses another's automobile without consent or knowledge of the owner1 may be liable to pay a reasonable hire therefor4 ,in case the hirer is a corporation1 there may arise the question whether the agent of the company making the contract has authority to bind the company4 ,where a machine is hired for joy riding on ,sunday1 it has been held that the contract is illegal and the hirer cannot recover for the use of the automobile4 ,the speed of automobiles along the public highways may be regulated by law4 ,a municipality may forbid the use of some kinds of motor vehicles on certain streets1 but it cannot broadly exclude all of them from all the streets4 ,the rules regulating travel on highways in this country are called1 the law of the road4 ,the object of these rules is to prevent collisions and other accidents1 which would be likely to occur if no regulations existed4 ,a pedestrian who is about to cross a street may rely on the law of the road that vehicles will approach on the proper side of the street4 ,this rule however does not apply to travelers walking along a rural highway4 ,huddy says3 ,when overtaking or meeting such a person1 it is the duty of both the pedestrian and the driver of the machine to exercise ordinary care to avoid a collision1 but no rule is1 as a general proposition1 definitely prescribed as to which side of the pedestrian the passage shall be made4 ,the law of the road requiring vehicles to pass each other on the right1 contrary to the ,english custom1 has been renforced in many or all the states by statutory enactments1 and applies also to automobiles4 ,when1 therefore1 two vehicles meet and collide on a public highway1 which is wide enough for them to pass with safety1 the traveler on the wrong side of the road is responsible for the injury sustained by the other4 ,but a traveler is not justified in getting his machine on the right-hand side of the road and then proceeding regardless of other travelers2 on the contrary1 the duty of exercising reasonable care to avoid injuries to others still continues4 ,not only must each one pass to the right1 but each must pass on his own side of the center line of the highway1 or wrought part of the road4 ,and when the road is covered with snow1 travelers who meet must turn to the right of the traveled part of the road as it then appears1 regardless of what would be the traveled part when the snow is gone4 ,after passing the rear of the forward vehicle an automobilist must exercise reasonable care in turning back toward the right into the center of the highway1 and if he turns too soon he may be liable for damages caused by striking or frightening the horses4 ,if two vehicles meet in the street1 it is the duty of each of them1 as seasonably as he can1 to get each on his own right-hand side of the traveled way of the street4 ,the rights of travelers along intersecting streets are equal1 and each must exercise ordinary care to avoid injury to the other4 ,an automobilist nearing an intersection should run at proper speed1 have his car under reasonable control1 and along the right-hand side of the street4 ,if two travelers approach the street crossing at the same time neither is justified in assuming that the other will stop to let him pass4 ,when one vehicle reaches the intersection directly in advance of the other1 he is generally accorded the right of way1 and the other should delay his progress to enable the other to pass in safety4 ,the driver of an automobile may be charged with negligence if1 without warning to a vehicle approaching from the rear1 he turns or backs his machine and causes a collision4 ,indeed1 it is negligence for a chauffeur to back his machine on a city street or public highway without looking backward2 and especially if one backs his car on a street car track without looking for street cars4 ,if an obstruction exists on the right-hand side of a highway1 the driver of a car may be justified in passing to the other side1 and in driving along that side until he has passed the obstacle4 ,under such circumstances he has a right to be on the left side temporarily2 and if he exercises the proper degree of care while there1 is not liable for injuries arising from a collision with another traveler4 ,but if the obstruction is merely temporary1 it may be the duty of the driver to wait for the removal and not to pass on the wrong side of the highway4 ,an automobilist must exercise reasonable or ordinary care to avoid injury to other persons using the highway4 ,what this is depends on many circumstances1 and each case to some extent is decided by its own facts4 ,consequently thousands of cases have already arisen1 and doubtless they will still multiply as long as automobiles are used and their users are negligent4 ,the competency of the driver is one of the unending questions4 ,of course he should be physically fit1 not subject to sudden attacks of dizziness1 possessing sufficient strength and proper eyesight and a sober non-excitable disposition4 ,it is said1 that a chauffeur is not incompetent who requires glasses4 ,but he certainly would be if his eyesight was poor and could not be aided by the use of them4 ,the driver must at all times have his car under reasonable control so that he can stop in time to avoid injury4 ,he must keep a reasonably careful lookout for other travelers in order to avoid collision2 also for defects in the highway4 ,if by reason of weather conditions1 lights or other obstructions1 he is unable to see ahead of him1 he should stop his car4 ,if there be no facilities for stopping for the night1 a driver is not negligent should he proceed through the fog4 ,passing to the liability of the owner of a car for the acts of his chauffeur1 the general rule is1 he is then liable when the chauffeur is acting within the scope of his owner's business4 ,when the owner himself is riding in the car there is less difficulty in fixing the liability1 but when the chauffeur uses the car without the owner's consent1 he is not liable for the conduct of the driver4 ,and this is especially so in using a car contrary to the owner's instructions and for the chauffeur's pleasure2 or in using it for his own business with the owner's consent4 ,and the same rule generally prevails whenever a member of a family uses his parent's car without his knowledge and consent1 and especially when forbidden4 ,but the parent is liable for the running of a car with his knowledge by a member of his family and for the convenience or pleasure of other members4 ,see ,chauffeur2 ,garage ,keeper4 ,bailor and ,bailee4--,to create this relation the property must be delivered to the bailee4 ,though a minor cannot make such a contract1 yet if property comes into his possession he must exercise proper care of it4 ,should he hire a horse and kill the animal by rash driving1 he would be liable for its value4 ,a corporation may act as bailor or bailee1 and an agent acting therefor would render the corporation liable unless he acted beyond the scope of his authority4 ,suppose one picks up a pocketbook1 does he become the owner8 ,is he a bailee8 ,yes1 and must make an honest1 intelligent effort to find the owner2 if failing to do so1 then he may retain it as his own1 meanwhile his right as finder is perfect as against all others4 ,should the true owner appear1 whatever right the finder may have against him for recompense for the care and expense in keeping and preserving the property1 his status as finder does not give him any lien unless the owner has offered a reward to whoever will restore the property4 ,to this extent a lien thereon is thereby created4 ,the statutes generally provide what a person must do who has found lost property4 ,suppose a person appears who claims to be the owner of the thing found1 what shall the finder do in the way of submitting it to his inspection8 ,in one of the recent cases the court decided that it was a question of fact and not of law whether the finder of lost property had given a fair and reasonable opportunity for its identification before restoring it1 and whether the claimant should have been given an opportunity to inspect it in order to decide whether it belonged to him4 ,the finder does not take title to every article found and out of the possession of its true owner4 ,to have even a qualified ownership the thing must be lost1 and this does not happen unless possession has been lost casually and involuntarily so that the mind has no recourse to the event4 ,a thing voluntarily laid down and forgotten is not lost within the meaning of the rule giving the finder title to lost property2 and the owner of a shop1 bank or other place where the thing has been left is the proper custodian rather than the person who was the discoverer4 ,if a lost article is found on the surface of the ground1 or the floor of a shop1 in the public parlor of a hotel1 or near a table at an open-air place of amusement1 or in the car of a railroad it becomes1 except as against the loser1 the property of the finder1 who appropriates it regardless of the place where it was found4 ,once a boat was found adrift and the finder made the needful repairs to keep it from sinking1 yet the owner was mean enough to refuse to pay for them4 ,the court compelled him to make good the amount to the finder4 ,the law regards the possession of an article which is lost as being that of the legal owner who was previously in possession1 until the article is taken into the actual possession of the finder4 ,if the finder does not know who the owner is and there is no clue to the ownership1 there is no larceny although the finder takes the goods for himself and converts them to his own use4 ,if the finder knows who the owner is or has a reasonable clue to the ownership1 which he disregards1 he is guilty of larceny4 ,another class of cases must be noticed4 ,very often articles are delivered to another to have work done on them1 hides to be tanned1 or raw materials to be worked up into fabrics4 ,can a creditor of the bailee pounce on tanned hides or completed fabrics as belonging to him and take them in satisfaction of his debt8 ,both parties have in truth an interest in the goods1 and in general it may be said that the bailor cannot thus be deprived of his interest and may follow the goods and recover them or their value4 ,if they are destroyed while executing the agreement1 who must lose8 ,if the bailee is not negligent or otherwise at fault1 and the loss happened by internal defect or inevitable accident1 the bailor would be the loser4 ,and if workmen had been employed thereon1 the bailor would also be obligated to pay for their labor4 ,to what extent can a bailee limit his liability by agreement8 ,a bailee who was a cold storage keeper1 stated in his receipt all damage to property is at the owner's risk4 ,this limitation related1 so a court decided1 to loss resulting from the nature of the things stored4 ,a bailee received some cheese and gave a receipt slating that it was to be kept at the owner's risk of loss from water4 ,it was injured from the dripping of water from overhead pipes4 ,the bailee was1 notwithstanding his receipt1 held liable4 ,a bailor need not always be the owner of the thing bailed4 ,he may be a lessee1 agent1 or having such possession and control as would justify him in thus acting4 ,he should give the bailee notice of all the faults in the thing bailed that would expose him to danger or loss in keeping it4 ,for example1 if it were a kicking horse1 he should warn the bailee to keep away from his legs4 ,the courts have been often troubled about the degree of care required of bailees1 as it differs under varying circumstances4 ,a bank that permits a depositor to keep a box of jewelry or silver in its vault for his accommodation1 while absent from home and without receiving any compensation therefor1 is not required to exercise the same degree of care as a safe deposit company whose chief business is to do such things and is paid for its service4 ,nevertheless a bank must exercise reasonable care1 such care as is used in keeping its own things4 ,suppose your package is stolen by the cashier or paying teller1 is the bank responsible8 ,that depends4 ,if the bank knows or suspected the official was living a gay life1 it ought not to keep him1 and most banks would not4 ,it is the better legal opinion1 that a bank ought not to keep a president1 cashier or other active official who is speculating in stocks1 for the temptation to take securities not belonging to them has been too great in many cases for them to withstand4 ,on the other hand if a long-trusted official1 against whom no cause for suspicion had arisen1 should steal a package from the safe1 the bank would not be responsible for the loss any more than if it had been stolen by an outsider4 ,the bank did not employ him to steal1 but to perform the ordinary banking duties4 ,a bailee is usually a keeper only4 ,but the nature of the property may require something more to be done4 ,if he is entrusted with a milch cow1 he must have her milked1 or with cattle in the winter time which require to be served with food1 he must supply it1 otherwise they would starve4 ,if he is keeping a horse which is taken sick1 proper treatment should be given4 ,when the period of bailment is ended1 the thing bailed must be returned4 ,if it consisted of a flock of sheep1 cattle and the like1 all accessions must also be delivered4 ,in many cases the bailee is not required to return the specific property1 but other property of the same kind and quality4 ,thus if one delivers wheat for safekeeping1 which is put in an elevator1 the contract is fulfilled by delivering other wheat of similar kind and quality2 or1 if the wheat is to be made into flour1 by delivering the proper amount of the same quality as the specific wheat bailed4 ,a bailee has a lien for his service and proper expenditures in caring for and preserving the thing bailed1 but not for any other debt the bailor may owe him4 ,and if the bailee is a finder who has bestowed labor on the article found in good faith1 the same rule applies4 ,agisters and livery-stable men have no lien at common law1 like carriers for keeping the animals entrusted to them because they are under no obligation to take them into their keeping4 ,in ,pennsylvania a different rule was long ago declared1 and has ever since been maintained4 ,as he can agree on terms1 he may make such as are agreeable to both parties4 ,elsewhere he can impose his own terms1 and may demand his pay in advance1 or create1 by contract1 a lien if he pleases4 ,a person who is hired as a groom to a horse for a specified time and at a fixed price1 has no lien on the horse for his service1 but has a lien for feed1 keeping and shoeing1 which should have been furnished by the owner4 ,a contract to do this is not necessary to create the lien1 it arises as if the horse had been left for keep and care without saying more4 ,bankruptcy4--,before the enactment of the federal ,bankruptcy ,act of #ahih1 every state had a bankruptcy act of its own1 which was generally called an insolvency law4 ,the federal act has superseded these by virtue of the power granted to congress in the federal constitution to establish uniform laws on the subject of bankruptcies throughout the ,united ,states4 ,the ,united ,states district courts in the several states are made courts of bankruptcy and have power to adjudge all persons bankrupt who have their principal places of business1 residence and domicile within their respective districts2 and jurisdiction also over others who simply have property within their jurisdiction4 ,any person who owes debts1 or business corporation1 may become a voluntary bankrupt4 ,so may an alien4 ,he may also become an involuntary bankrupt if he has had his principal place of business here1 or has been domiciled within the jurisdiction of the court for the preceding six months1 or has property within its jurisdiction4 ,some corporations are still denied voluntary action1 as well as minors and insane persons4 ,who may become an involuntary bankrupt8 ,any person1 except a wage-earner1 or farmer1 any unincorporated company1 and any corporation engaged principally in manufacturing1 trading1 printing1 publishing1 or mercantile pursuits1 owing debts to the amount of one thousand dollars4 ,what is a manufacturing corporation1 within the meaning of the law1 is not even yet fully known4 ,a corporation engaged principally in smelting ores is one2 and a mining corporation1 whose principal business is to buy and sell ores1 is deemed a trading corporation and may become an involuntary bankrupt4 ,next we may inquire1 what are acts of bankruptcy8 ,one of them is an admission of a person's inability to pay his debts4 ,and this may be done by a corporation through its properly organized officers4 ,another act of bankruptcy is to convey1 transfer1 conceal or remove property with the intention to defraud creditors4 ,and by concealment is meant the separation of some tangible thing like money from the debtor's estate1 and secrete it from those who have a right to seize it for payment of their debts4 ,the transfers of property covered by the act are those which the common law regards as fraudulent4 ,if1 for example1 at the time of the transfer of his property one is so much indebted that it will embarrass him in paying his debts1 the transfer will be deemed fraudulent2 but a voluntary transfer1 made by one who is free from debt1 cannot be impeached by subsequent creditors4 ,the intention to hinder1 delay or defraud creditors is a question of fact to be ascertained by proper judicial inquiry4 ,a general assignment for the benefit of creditors is an act of bankruptcy4 ,likewise a general assignment for the benefit of creditors made by the majority of the board of directors and of the stockholders is an act of bankruptcy4 ,a petition for the appointment of a receiver of a corporation under a state statute is not an assignment for the benefit of creditors and therefore is not an act of bankruptcy4 ,another act of bankruptcy is to suffer or permit1 when one is insolvent1 any creditor to acquire a preference through legal proceedings4 ,the term preference includes not only a transfer of property1 but also the payment of money within four months from the time of filing his petition in bankruptcy4 ,it is immaterial to whom the transfer is made if the purpose be to prefer one creditor to another4 ,like a fraudulent transfer the intent to prefer must be proved1 though this may sometimes be presumed1 as when the necessary consequence of a transfer or payment made by an insolvent debtor is to liquidate the debt of one creditor to the entire or partial exclusion of others4 ,passing to the filing of the petition a voluntary petitioner should file his petition in the court of bankruptcy in the judicial district where he has principally resided for the preceding six months4 ,when there is no estate and no claim has been proved and no trustee has been appointed1 a bankrupt may withdraw his petition on paying the costs and expenses4 ,the petition must be accompanied by a schedule of the petitioner's property1 showing its kind and amount1 location1 money value1 and a list of his creditors and their residences when known1 the amount due to them1 the security they have1 and a claim to legal exemptions1 if having any4 ,after filing a voluntary petition the judge makes an adjudication4 ,he may do this ex parte1 that is without notice to creditors4 ,a petition may be filed against a person who is insolvent and has committed an act of bankruptcy within four months after such action4 ,three or more creditors who have provable claims amounting to five hundred dollars in excess of securities held against a debtor may file the petition1 or if all the creditors are less than twelve1 then one of them may file the petition provided the debtor owes him the above stated amount4 ,creditors holding claims which are secured1 or have priority1 must not be considered in determining the number of creditors and the amount of claims for instituting involuntary proceedings4 ,the petition should state the names and residences of the petitioning creditors1 also that of the bankrupt1 his principal place of business1 the nature of it1 his act of bankruptcy1 that it occurred within four months of the filing of the petition1 and that the amount of the claims against him exceed five hundred dollars4 ,the petition must be signed and properly verified1 and may be afterward amended for cause in the interest of justice4 ,on the filing of the petition a writ of subpoena is issued addressed to the bankrupt commanding him to appear before the court at the place and on the day mentioned to answer the petition4 ,the next step1 after serving the petition1 is for the bankrupt to file his answer4 ,meanwhile his property may be seized by a marshal or receiver on proof that he is neglecting it or that it is deteriorating4 ,within ten days after one has been judicially declared to be a bankrupt1 he must file in court a schedule of his property1 including a list of his creditors and the security held by them4 ,then follows the first meeting of the bankrupt's creditors1 within thirty days after the adjudication4 ,the judge or referee must be present at this meeting1 also the bankrupt if required by the court4 ,before proceeding with other business the referee may allow or disallow the claims of creditors presented at the meeting1 and may publicly examine the bankrupt1 or he may be examined at the instance of any creditor4 ,at this meeting the creditors may elect a trustee4 ,subsequent meetings may be held at any time and place by all the creditors whose claims have been allowed by written consent3 the court also may call a meeting whenever one fourth of those who have proved their claims file a written request to that effect4 ,only a creditor who owns a demand or provable claim can vote at creditors' meetings4 ,nor can other creditors through filing objections to a claim prevent a bona fide claimant from voting4 ,a creditor of an individual member of a bankrupt partnership cannot vote4 ,nor can creditors holding claims that are secured or that have priority vote only to a limited extent1 so far as their claims are on the same basis as other creditors4 ,to entitle secured and preferred creditors to vote at the first meeting on the whole of their claims1 they must surrender their securities or priorities4 ,if a portion of a creditor's debt is secured and a portion is unsecured1 he may vote on the unsecured portion4 ,an attorney1 agent1 or proxy may represent and vote at creditors' meetings1 first presenting written authority1 which must be filed with the referee4 ,the referee who presides at the first meeting makes up or decides on its membership4 ,matters are decided at the meeting by a majority vote in number and amount of claims of all the creditors whose claims have been allowed and are present4 ,the next stage in bankruptcy proceedings is the proving and allowance of claims4 ,only such debts are provable as existed at the time of filing the petition4 ,every debt which may be recovered either at law or in equity may be proved in bankruptcy4 ,a claim barred by the statute of limitations is not provable1 nor is a contingent liability4 ,on the other hand a debt founded on a contract express or implied may be proved1 for example1 damages arising from a breach of a contract prior to the adjudication in bankruptcy4 ,again1 if there are agreements or covenants in a contract of a continuing character the bankrupt is still liable on them notwithstanding his discharge in bankruptcy4 ,if the amount of a claim is unliquidated the act sets forth the mode of proceeding4 ,among other claims that may be proved are judgments1 debts founded on an open account1 and rents4 ,the claims of creditors who have received preferences are not allowed unless they surrender them4 ,thus money paid on account by an insolvent debtor must be surrendered before a claim for the balance due on the account can be proved4 ,if proceedings are begun by the trustee to set aside a preferential transfer to a creditor who puts in a defense1 he cannot thereafter surrender his preference and prove his claim4 ,if a creditor in proving his debt fails to mention his security1 if he has any1 he will be deemed to have elected to prove his claim as unsecured4 ,claims that have been allowed may be reconsidered for a sufficient reason and reallowed or rejected in whole or in part1 as justice may require1 at any time before the closing of the estate4 ,the rexamination may be had on the application of the trustee or of any creditor by the referee1 witnesses may be called to give evidence1 and the referee may expunge or reduce the claim or adhere to the original allowance4 ,the appointment of the trustee by the creditors at their first meeting is subject to the approval or disapproval of the referee or the judge4 ,should the creditors make no appointment the court appoints one4 ,as soon as he has been appointed it is the duty of the referee to notify him in person or by mail of his appointment4 ,if he fails to qualify or a vacancy occurs1 the creditors have an opportunity to make another appointment4 ,if a trustee accepts he must give a bond with sureties for the faithful performance of his duties4 ,he may also be removed for cause after notice by the judge only4 ,should he die or be removed while serving1 no suit that he was prosecuting or defending will abate but will be continued by his successor4 ,the trustee represents the bankrupt debtor as the custodian of all his property that is not exempt2 also the creditors1 and gathers all the bankrupt's property from every source and protects and disposes of it for the best interests of the creditors1 and pays their claims4 ,in short1 he succeeds to all the interests of the bankrupt1 is an officer of the court and subject to its orders and directions4 ,he must deposit all moneys received in one of the designated depositories1 can disburse money only by check or draft1 and at the final meeting of the creditors must present a detailed statement of his administration of the estate4 ,during the period of settlement he must make a report to the court in writing of the condition of the estate1 the money on hand1 and other details within the first month after his appointment1 and bi-monthly thereafter unless the court orders otherwise4 ,the federal ,bankruptcy ,act prescribes what property passes to the trustee and also what is exempt4 ,whatever property on which a levy could have been made by judicial process against the bankrupt passes to the trustee4 ,on the other hand1 the income given to a legatee for life under a will providing it shall not be subject to the claims of creditors does not pass to the trustee4 ,if the bankrupt has an insurance policy with a cash surrender value payable to himself or personal representatives he may pay or secure this sum to the trustee and continue to hold the policy4 ,and a policy of insurance payable to the wife1 children1 or other kin of the bankrupt is no part of the estate and does not pass to the trustee4 ,after one month1 and within a year from the adjudication of bankruptcy1 the bankrupt may apply for a discharge4 ,the petition must state concisely the orders of the court and the proceedings in his case4 ,creditors must have at least ten days' notice by mail of the petition1 and then the judge hears the application for discharge1 and considers the proofs in opposition by the parties in interest4 ,unless some creditor objects and specifies his ground of objection1 the petition will be granted4 ,the ,bankruptcy ,act states several reasons for refusing a discharge1 especially when the bankrupt has concealed his property instead of making an honest1 truthful statement respecting it1 or has not kept proper books of account with the fraudulent intent to conceal his true financial condition and defraud his creditors4 ,lastly a person may be punished by imprisonment for two years or less on conviction of having knowingly and fraudulently concealed1 while a bankrupt or after his discharge1 any property belonging to his estate as a bankrupt1 or made a false oath in any bankruptcy proceeding1 or made any false claim against his estate or used such a claim in making a composition with his creditors4 ,beneficial ,associations4--,beneficial associations possess a varied aspect1 they are both social and business organizations4 ,often the members are bound together by secret obligations and pledges4 ,trades-unions have a double nature1 they are created for both beneficial and business purposes4 ,originally their beneficial character was the more important feature4 ,benefit societies may be purely voluntary associations or incorporated either by statute or charter4 ,the articles of association formed by the members are essentially an agreement among them by which they become bound to do specified things and incur liabilities4 ,they thus establish a law for themselves somewhat like a charter of a corporation4 ,they may adopt such rules as they like provided they are not contrary to the laws of the land4 ,as the members1 having made the rules1 are presumed to know them1 they are therefore bound by them4 ,the legal status of such associations1 their right to sue and be sued1 the liability of the members to the public for the debts of the association1 though most important questions1 are not as well settled as they might be4 ,in many states statutes exist defining their right to sue and be sued1 and their liability to creditors4 ,yet these statutes do not cover all cases4 ,generally persons who associate for charitable or benevolent purposes do not regard themselves in a legal sense as partners4 ,nevertheless in fixing their liability to creditors1 dividing their property1 and closing up their affairs1 the courts often1 though not always1 treat their association as a partnership1 and the members as partners4 ,thus the highest court in ,new ,york declared that an unincorporated lodge1 which had been mis-managed1 was not a partnership4 ,the members sought to dissolve the lodge1 and distribute its property4 ,the court said there was no power to compel the payment of dues1 and the rights of a member ceased after his failure to meet his annual subscription4 ,on the other hand1 the supreme court in the same state held that the members of a voluntary association were liable to its creditors by common law principles4 ,where such a body of men join themselves together for social intercourse and pleasure1 and assume a name under which they commence to incur liabilities by opening an account1 they become jointly liable for any indebtedness thus incurred1 and if either of them wishes to avoid his personal responsibility by withdrawal from the body1 it is his duty to notify the creditors of such withdrawal4 ,if one or more members order work to be done or purchase supplies1 he or they are personally liable unless credit was given to the association4 ,what can the members do8 ,they cannot change the purpose for which the association was formed without the consent of all1 still less can the executive board convert the association into a corporation4 ,no member has a proprietary interest in the property1 nor right to a proportionate part while he is a member1 or after his withdrawal4 ,should an association dissolve1 then the members may divide its property among themselves4 ,sometimes a quarrel springs up in one of these associations1 the members divide1 who shall have the property8 ,the members of more than one church organization have fought this question1 first among themselves1 afterwards in the courts4 ,suppose a quarrel breaks out in a branch association and two parties are formed1 which of them is entitled to the property8 ,the party that adheres to the laws and usages of the general organization is regarded as the true association1 and is therefore entitled to the enjoyment of the property4 ,though that party may be a minority of the faithful few1 the members are enough to continue the organization4 ,sometimes societies of a quasi religious character exist which persons join1 surrendering their property and receiving support4 ,suppose a member should leave1 and afterwards sue to recover his property4 ,this has been attempted1 and usually ends in failure4 ,are benefit societies charities8 ,this question is important from the taxpayer's view1 as charitable associations are taxed less than others or perhaps entirely relieved4 ,an ,indiana court has decided that a corporation which promises to pay a fixed sum as a benefit during a member's illness--he of course paying his dues--is not a purely benevolent organization1 and therefore not exempt from taxation4 ,masonic lodges on the other hand1 are generally regarded as charitable institutions4 ,the true test1 says a judicial tribunal1 is to be found in the objects of the institution4 ,again1 a voluntary association may conduct in such a way as to create the impression or belief that it is a corporation1 and is forbidden from denying its corporate liability for an injury or loss to a third person4 ,it is a familiar rule that a person who transacts business with a partnership in the partnership name may hold all the members liable as partners1 though he did not know all their names4 ,this rule has sometimes been applied to a voluntary association1 making it responsible as a corporation4 ,the articles of association regulate the admission of members4 ,a physician who applied for membership in a medical society was rejected because of unprofessional conduct4 ,a code of medical ethics adopted by the society was declared to be binding only on the members1 and therefore did not touch the conduct of one prior to his becoming a member of the society4 ,if the membership of a society is confined to persons having the same occupation1 a false representation concerning one's occupation would be a good reason for his expulsion4 ,in admitting a member1 if no form of election has been prescribed1 each candidate must be elected separately4 ,this must also be done at a regular meeting or at one properly called for that purpose4 ,a call therefore to transact any business that may be legally presented is not sufficient4 ,if a society requires a ceremony of initiation1 is the election of a member so complete that he is entitled to benefits without proper initiation8 ,in one of the cases the court said3 ,the entire system1 its existence and objects1 are based upon initiation4 ,we think1 there can be no membership without it1 and no benefit1 pecuniary or otherwise1 without it4 ,controversies concerning property rights of religious societies are generally decided by one of three rules3 7#a7 was the property a fund which is in question devoted to the express terms of the gift1 grant or sale by which it was acquired1 to the support of any specific religious doctrine or belief or was it acquired for the general use of the society for religious purposes with no other limitation2 7#b7 is the society which owned it of the strictly independent or congregational form of church government1 owing no submission to any organization outside of the congregation2 7#c7 or is it one of a number of such societies1 united to form a more general body of churches1 with ecclesiastical control in the general association over the members and societies of which it is composed4 ,many benefit societies provide for the payment of money to their sick members4 ,the rules providing for the payment of these may be changed at any time as the constitution or articles of association of a society may prescribe4 ,consequently an amendment may be made diminishing the weekly allowance to a member who is sick1 and also the time of allowing it4 ,of course in applying for the benefits a member must follow the modes prescribed4 ,the power to expel members is incident to every society or association unless organized primarily for gain4 ,gainful corporations have no such power unless it has been granted by their charter or by statute4 ,the revision of the list of members by dropping names is equivalent to the expulsion of those whose names are dropped1 and by a majority vote or larger one as the rules of the society may require4 ,nor can the power of expulsion be transferred from the general body to a committee or officer4 ,the power to expel must be exercised in good faith1 not arbitrarily or maliciously1 and its sentence is conclusive like that of a judicial tribunal4 ,nor will a court interfere with the decision of a society except3 first1 when the decision was contrary to natural justice and the member had no opportunity to explain the charge against him2 secondly1 when the rules of the association expelling him were not observed2 thirdly1 when its action against him was malicious4 ,nor will a court interfere because there have been irregularities in the proceedings1 unless these were of a grave character4 ,the charges must be serious1 a violation of a reasonable by-law is a sufficient charge4 ,to obtain1 by feigning a qualification which did not exist1 membership in a trades-union is sufficient cause for expulsion2 so is fraud in representing one's self in his application for membership when in fact he has an incurable disease4 ,on the other hand1 the following charges are not sufficient to justify expulsion or suspension3 slander against the society1 illegally drawing aid in time of sickness1 defrauding the society out of a small sum of money1 villifying a member1 disrespectful and contemptuous language to associates1 saying the lodge would not pay and never intended to pay1 ungentlemanly conduct4 ,in harmony with a fundamental rule of law1 a member who has once been acquitted cannot be tried again for the same offense4 ,as subordinate lodges of a benefit society are constituent parts of the superior governing body1 there may be an expulsion from membership in a subordinate lodge for violating laws which generally caused expulsion from the society itself1 and there may be a conditional expulsion or suspension4 ,if an assessment is not paid at the fixed time1 its non-payment1 by the laws of the order1 works a suspension1 though a member may be restored by complying with the laws of the order4 ,an appeal by a member of a subordinate lodge from a vote of expulsion does not abate by his death while the appeal is pending4 ,if1 therefore1 the judgment of the lodge is reversed1 the beneficiary of the member is entitled to the benefits due on the member's death4 ,a member who has been wrongfully expelled may be restored by a mandamus proceeding issued by a court4 ,before making the order the court will inquire into the facts and satisfy itself whether in expelling the applicant the society has properly acted in accord with its rules4 ,unless some rule or statute forbids1 a member of a voluntary association may withdraw at any time4 ,when doing so1 however1 he cannot avoid any obligations incurred by him to the association4 ,on the other hand1 it cannot1 after his withdrawal1 impose any other obligations on him4 ,it has often been attempted to hold the members of an association liable personally for a promised benefit in time of sickness4 ,says ,bacon3 ,it may be a question of construction in each particular case whether the members are personally liable or not4 ,the better rule seems to be that the members are not held personally liable4 ,an association cannot by its constitution or by-laws confer judicial powers on its officers to adjudge a forfeiture of property rights1 or to deprive lodges or members of their property and give it to another1 or to other members4 ,to allow associations to do this is contrary to public policy4 ,for the same reason an agreement to refer future controversies to arbitration cannot be enforced2 it in effect deprives a party of his rights under the law4 ,he may do this in a known case1 this indeed is constantly done1 but one cannot bar himself in advance from a resort to the courts for some future controversy of which he has no knowledge at the time of the agreement4 ,this is a rule of law of the widest application4 ,broker4--,a broker1 unlike an auctioneer1 usually has no special property in the goods he is authorized to sell4 ,ordinarily also he must sell them in the name of the principal1 and his sales are private4 ,he receives a commission usually called brokerage4 ,he can act only as the agent of the other party when the terms of the contract are settled and he is instructed to finish it4 ,brokers are of many kinds4 ,they relate to bills and notes1 stocks1 shipping1 insurance1 real estate1 pawned goods1 merchandise1 etc4 ,a bill and note broker who does not disclose the principal's name is liable like other agents as a principal4 ,he is also held to an implied authority1 not only to sell1 but that the signatures of all the parties thereon are genuine4 ,unless he indorses it he does not warrant their solvency4 ,an insurance broker is ordinarily employed by the person seeking insurance1 and is therefore unlike an insurance agent1 who is a representative of an insurance company1 and usually has the authority of a general agent4 ,a delivery of a policy therefore1 to an insurance broker1 would be a delivery to his principal4 ,he is a special agent4 ,unless employed generally to keep up his principal's insurance1 he has no implied authority to return a policy to be cancelled1 and notice to him that a policy had ceased1 would not be notice to his principal4 ,an insurance broker must exercise reasonable care and diligence in selecting none but reliable companies1 and in securing proper and sufficient policies to cover the risks placed to be covered by insurance2 and if he selects companies which are then in good standing he would not be liable should they afterward become insolvent4 ,merchandise brokers1 unless factors1 negotiate for the sale of merchandise without having possession or control of it4 ,like other agents they must serve faithfully and cannot act for both parties1 seller and buyer1 in the same transaction1 without the knowledge and consent of both4 ,in many transactions he does thus represent both by their express or implied authority1 and therefore binding both when signing for them4 ,a real estate broker in the employ of his principal is bound to act for his principal alone1 using his utmost good faith in his behalf4 ,and a promise by one of the principals in an exchange of real estate1 after the completion of the negotiations1 to pay a commission to the other party's broker1 to whom he owed nothing1 is void for lack of a consideration4 ,to gain his commission a broker must produce a person who was ready1 able and willing both to accept and live up to the terms offered by the owner of the property4 ,nor can a property owner escape payment of a broker's commission by selling the land himself and at a price less than the limit put on the broker4 ,the business of a pawnbroker is legally regulated by statute1 and the states usually require him to get a license4 ,as the business may be prohibited1 a municipality or other power may regulate and control his business4 ,the rate of interest that he may charge is fixed by statute4 ,the pawnee may lose his right by exacting unlawful interest4 ,nor has the pawnee the right to retain possession against the true owner of any article that has been pawned without his consent or authority4 ,if the true owner has entrusted it to someone to sell1 who1 instead of selling1 pawns it1 the pawner is protected in taking it as security4 ,the sale of pawned goods is usually regulated by statute4 ,if none exists1 and there is no agreement between the parties1 the sale must be public after due notice of the time and place of sale4 ,if there is any surplus1 arising from the sale1 he must pay it to the pawner1 and not apply it on another debt that he may owe the pawnee4 ,the pawner1 or an assignee or purchaser of the pawn ticket may redeem it within the time fixed by law or agreement1 or even beyond the agreed time if the pawnee has not exercised his right of sale4 ,subject to the pawnee's claim1 the pawner has the same right over the article pawned as he had after pawning it1 and may therefore sell and transfer his interest as before4 ,lastly the pawner is liable for any deficiency after the sale of the thing pawned1 unless released by statute4 ,see ,agency4 ,carrier4--,carriers are of two kinds1 private and public4 ,a private carrier may contract orally or in writing1 and must use such care in carrying the goods entrusted to him as a man of ordinary intelligence would of his own property4 ,if he carries these gratuitously his obligation is still less1 nevertheless he must even then take some care of them4 ,suppose he agreed to carry a package for another to the latter's home1 and on the way1 being weary or sleepy1 should sit down by the wayside where people often pass and fall asleep and on awakening should find the package missing1 would he be responsible8 ,authorities differ4 ,suppose the package was a very valuable one4 ,a court might hold that the man who gave it to him was a fool for entrusting such a package voluntarily with him4 ,suppose however that he was a highly trustworthy man1 well known throughout the neighborhood1 then no fault could be imputed to either1 and the owner would be obliged to bear the loss4 ,common carriers are far more numerous and important4 ,receiving a reward they are required to exercise more care in the business4 ,the old rule of the common law was very strict1 but this has been greatly modified4 ,a carrier may modify the rule by contract1 and the bill of lading received by the shipper is regarded as one1 and sets forth his liability4 ,in a general way he can relieve himself from all liability except from his own negligence1 and there are cases which hold that he can relieve himself even from that if the shipper1 for the sake of having his goods carried at a lower price1 is willing to relieve him1 in other words is willing to assume all the risk himself4 ,a carrier can limit his liability for the loss of baggage entrusted to his care and when one receives a receipt describing the amount of the carrier's liability in the event of loss4 ,nor can he hold the company on the plea of ignorance by declaring he has not read it1 for it is his duty to read the receipt4 ,again1 a carrier is thus liable only when a traveler's baggage is entrusted to his care2 if therefore he keeps his grip or umbrella and on looking around makes the painful discovery that he has been relieved of them1 he cannot look to the carrier for compensation4 ,the law requires carriers to carry all who pay their fare1 and are in a sufficiently intelligent condition to take care of themselves4 ,in like manner the law requires them to take all freight that may be offered1 though it may make reasonable rules with regard to the time of receiving it1 mode of packing1 etc4 ,a regulation therefore that furniture must be crated is reasonable1 and a carrier may refuse to take it unless it is thus prepared for shipment4 ,so also is a rule requiring glass to be boxed though the distance may be short for carrying it4 ,a carrier may also object to carrying things out of season1 potatoes or fruit for example in the winter in the northern states where there is great danger of freezing1 unless the shipper assumes the risk4 ,vast quantities of perishable goods are carried1 but usually under definite regulations and contracts4 ,so1 too1 the shipper must declare the nature of the thing carried4 ,should he put diamonds in his trunk1 he could not recover for their loss1 for he has no business to carry such a valuable thing in that way4 ,he must make known the contents for the carrier's protection4 ,he cannot carry an explosive in secrecy4 ,to attempt to do such a thing is a manifest wrong to the carrier4 ,a carrier has a lien or right to hold the freight until the charge for transporting it is paid1 but if it is delivered1 the lien ceases and cannot be restored4 ,if the carrier keeps it until the freight charge is paid discretion must be used1 and unnecessary and unreasonable expense must not be incurred in so doing4 ,a different rule applies to carrying passengers than applies to freight1 because the latter is under its complete control1 while passengers are not4 ,nevertheless the law requires a high degree of care in carrying passengers1 and is responsible in money damages should injury occur through the carrier's negligence4 ,in many states statutes exist limiting the amount that a carrier must pay when life is lost through its negligence to five thousand dollars or other sum1 while a much larger sum is often recovered for an injury1 loss of a leg1 arm or the like4 ,from the carrier's point of view therefore it is often obliged to pay less for killing than for injuring people2 this is one of the strange anomalies of the law4 ,when a passenger is injured and no agreement can be made with the carrier for compensation1 a suit is the result and the chief question is one of fact1 the extent of the injury1 and the degree of negligence of the carrier4 ,if1 on the other hand1 the passenger was in fault himself and contributed to the injury then the more general rule is he can recover nothing4 ,in some states the courts attempt to ascertain the negligence of both parties1 when both are at fault1 and then award a verdict in favor of the one least in fault4 ,this is a difficult rule to apply however just it may seem to be4 ,a passenger who stands on a platform or on the steps of a street car1 when there is room inside1 assumes all the risks himself4 ,but if there is no room within and the conductor knows he is outside1 and permits him to ride1 he is under the same protection as other passengers4 ,an interurban car had stopped and ,a who was carrying two valises attempted to board it4 ,the act of the conductor1 who was on the rear platform1 in reaching down and taking one of the valises amounted to an invitation to ,a to board the car4 ,in signaling to the motorman to start the car when ,a was stepping to the vestibule from the lower step1 thus causing the injury to him1 was negligence for which the company was liable4 ,a sleeping car company operating in connection with ordinary trains is not a common carrier1 nor an innkeeper as to the baggage of a passenger4 ,yet it is liable for ordinary negligence in protecting passengers from loss by theft4 ,in a well-considered case the judge said3 ,where a passenger does not deliver his property to a carrier1 but retains the exclusive possession and control of it himself1 the carrier is not liable in case of a loss1 as for instance1 where a passenger's pocket is picked1 or his overcoat taken4 ,a person asleep cannot retain manual possession or control of anything4 ,the invitation to make use of the bed carries with it an invitation to sleep1 and an implied agreement to take reasonable care of the guest's effects while he is in such a state that care upon his own part is impossible4 ,i think it should keep a watch during the night1 see to it that no unauthorized persons intrude themselves into the car1 and take reasonable care to prevent thefts by occupants4 ,there is a distinction between the great express companies of the country and local express companies receiving baggage from travelers for transportation to their immediate destination4 ,in the latter case there is nothing in the nature of the transaction or the custom of the trade which should naturally lead the shipper to suppose that he was receiving and accepting the written evidence of a contract1 and therefore he is not bound by the terms of the receipt received1 unless there is other evidence that he assented thereto4 ,though the ,united ,states is a common carrier for carrying mails1 it cannot be held liable because it is a branch of the government4 ,mail matter may be carried by private persons1 but this is limited to special trips4 ,by statute no person can establish any private express for carrying letters or packets by regular trips or at stated periods over any post route1 or between towns1 cities or other places where the mail is regularly carried4 ,a public officer in performing his duties is exempt from all liability4 ,but a postmaster is liable to a person injured by his negligence or misconduct and for the acts of a clerk or deputy authorized by him4 ,the assistant unless thus shielded must answer for his own misconduct4 ,a rider or driver employed by a contractor for carrying the mails is an assistant in the business of the government4 ,although employed and paid1 and liable to be discharged at pleasure by the contractor1 the rider or driver is not engaged in his private service2 he is employed in the public service and therefore the contractor is not liable for his conduct4 ,chattel ,mortgage4--,a chattel mortgage is a conveyance of personal property1 as distinguished from real property1 to secure the debt of the lender or mortgagor4 ,the essence of the agreement is1 if the mortgagor does not repay the money as he has agreed to do1 the mortgagee becomes the owner of the property4 ,until the mortgagor fails to execute his part of the agreement1 he retains possession of the property4 ,by statutes that have been enacted everywhere1 the mortgagee's interest1 or conditional title in the property conveyed to him1 is secure by recording the deed even though the mortgagor still retains possession4 ,the usual form of a chattel mortgage is a bill of sale with a conditional clause1 stating the terms of the loan and that1 on the mortgagor's failure to pay1 the mortgagee may take possession of the property4 ,any persons who are competent to make a contract may make a chattel mortgage1 and an agent may act for another as in many other cases4 ,when thus acting his authority may be either verbal1 or written1 or may be shown by ratification4 ,persons also who have a common ownership in chattels1 tenants in common or partners for example1 may mortgage either their common or individual interests4 ,a husband may give a chattel mortgage to his wife1 and she in turn can give one to him4 ,likewise a corporation may make such a mortgage4 ,the law is broader in the way of permitting a minor1 married woman1 or corporation to be mortgagees when they cannot act as mortgagors of their property4 ,two or more creditors may join in such a mortgage to secure their separate debts4 ,if the debt of one of them is fraudulent1 his fraud1 while rendering the mortgage fraudulent as to him1 will not affect its validity as to the other4 ,how must the mortgaged property be described8 ,with sufficient clearness to enable third persons to identify the property4 ,the description must contain reasonable details and suggest inquiries which if followed will result in ascertaining the precise thing conveyed4 ,a description of a baker's stock stock on hand1 would be too meager1 so would be a description of our books of account1 and accounts due and to become due1 but cattle described by their age1 sex and location will satisfy the law1 though the cattle of other owners should form part of the same herd1 when they can be ascertained by following out the inquiries suggested by the mortgage4 ,again1 a description that is wholly false avoids the mortgage1 but if it is false only in part1 this may be rejected and the mortgage remain valid for the remainder4 ,more generally the nature of the chattels conveyed determine largely the character of the description4 ,thus animals may be described by weight1 age1 height1 color and breed2 vehicles by their style and manufacturer's name2 furniture by piece or set2 crops growing or to be grown by their location and year4 ,a general claim of all articles in a stated place is regarded as sufficient4 ,oral evidence is admissible to aid the description in identifying the subject-matter of the mortgage1 and to explain the meaning and extent of the terms of the description4 ,a mortgage may be given for a future advance of money4 ,nor need the mortgage state that it is thus given2 and the fact may be proved orally4 ,but when the right of third parties are affected1 such a mortgage is not valid against them unless the specific sum that is to be secured is set forth4 ,likewise to render a mortgage secure against attaching creditors of the mortgagor1 there must be a distinct statement of the condition or terms of the mortgage2 in other words the creditors have a right to know what interest the mortgagee really has in the property that secures to him rights superior to their own4 ,the rule should also be stated that where the rights of third parties are in issue1 it must appear that the mortgagee acquired the mortgage before they had any rights to the property4 ,the statutes require that chattel mortgages should be acknowledged and recorded4 ,in some states the requirements are strict in respect to the disinterestedness of the official who takes the acknowledgment4 ,an affidavit is another requirement4 ,this must state several things1 especially that the mortgage was given in good faith1 and the nature and amount of the consideration4 ,what may be mortgaged8 ,in general1 any personal property that may be sold2 many of the statutes define it4 ,they cover a life insurance policy1 corporation stock1 railway rolling stock1 seamen's wages1 growing crops and trees1 profits from the use of a steamboat1 premiums earned by a horse1 book accounts1 leasehold interests1 nursery stock1 besides many other things4 ,whenever fixtures annexed to real estate retain the character of personal property they may be mortgaged4 ,and when animals are mortgaged their natural increase are included4 ,a mortgage made of an unfinished article will hold the article when finished if it can be identified4 ,by the common law nothing could be mortgaged that was not in existence at the time of the mortgage4 ,by statute a mortgage may cover after-acquired property1 and this statute has become very important especially with merchants1 manufacturers1 and others who are constantly changing their stocks of goods4 ,when the mortgagor fails to pay his debt1 the right of the mortgagee to proceed in taking the property is usually regulated by statute1 except when the parties have agreed themselves and in conformity with statute4 ,the rights of the mortgagee depend in many cases on the title1 whether that has passed to him by virtue of the mortgage1 or whether it still remains conditionally in the mortgagor4 ,where the mortgagor still retains the title1 a clause is often put into the mortgage to the effect that1 should the mortgagor default in payment1 the mortgagee may take possession of the property and sell it2 and such a provision is valid and enforcible4 ,where the title is vested or transferred to the mortgagee by virtue of the mortgage1 this is equivalent to giving him possession whenever he chooses to demand it4 ,in other states the mortgagee's discretion is not so broad1 before taking possession he must have reasonable grounds for believing himself insecure1 that the mortgagor has done1 or threatens to do1 something that would impair the mortgagee's security4 ,where the common law prevails and no statute has been enacted regulating the rights of parties1 an important question is still unsettled in cases of a mortgage given on a stock of merchandise which permits the mortgagor to remain in possession and to sell the property mortgaged in the course of trade4 ,can he do this8 ,in many states such a mortgage is regarded as fraudulent to creditors1 in other states if such a mortgage is not1 on proper judicial inquiry1 proved to be a fraud1 it will be upheld4 ,a provision in a mortgage that it shall cover after acquired property is regarded in some states as an executory agreement that it shall be held by the mortgagee as security2 and the mortgagee may take possession of it1 should the mortgagor fail to pay his debt1 in accordance with his promise1 before the rights of third persons have intervened4 ,see ,mortgage4 ,chauffeur4--,in many states minors are forbidden by statute to run automobiles4 ,if therefore the owner of a car permits a minor to drive his car1 he may be held liable for the injuries resulting from the driver's negligence4 ,should a chauffeur's license not disclose physical disabilities the license is not void1 nor is he a trespasser in operating the machine on the highway4 ,such a license though defective is valid until revoked by the proper authority4 ,if discharged before the expiration of the term of his employment1 an employer is still liable for his chauffeur's pay unless he has been unwilling or unable to fulfill his contract4 ,if1 however1 he has been prevented by sickness or similar disability1 he can recover1 not perhaps the amount stated in the contract1 but the worth of his services during the period of serving his employer4 ,a chauffeur may recover damages from his employer for injuries received while operating his car4 ,the basis of the action is his employer's negligence4 ,if the engine kicks back while he is cranking the car1 and the employer contributed to the result by moving the spark lever1 he is liable4 ,if he is injured while running a car from a defective brake of which he had knowledge1 he cannot recover4 ,but if the employer knew1 and the chauffeur did not know that the brake was defective1 he could recover if injured in consequence of it4 ,the employer is under no duty to warn his chauffeur of obvious dangers1 or instruct him in matters that he may be fairly supposed to understand4 ,if a chauffeur is riding at the owner's request1 who is driving the car1 he may recover if injured by the negligence of the owner in running the machine4 ,under the ,workmen's ,compensation ,laws a chauffeur who is injured while running his car beyond the speed limit prescribed by statute can recover nothing4 ,nor is he justified by the custom of other chauffeurs in disregarding the rule4 ,lastly1 if the owner of a car is injured1 physically or financially1 by reason of the wrongful conduct of his chauffeur1 he has a remedy against him4 ,see ,automobile2 ,garage ,keeper4 ,check4--,a check should be properly signed4 ,a check signed by an individual with the word agent1 treasurer1 or other descriptive term1 has sometimes been regarded as the check of the individual signer1 and not that of a principal or company4 ,the proper way is to sign the name of the principal or company1 adding the name of the person by whom this is done1 thus3 ,john ,smith by ,john ,doe1 agent1 or ,the ,atlas ,co4 by ,john ,king1 ,treasurer1 or other official designation4 ,the statement will not accord with the view of many a reader1 that a bank on which a check is drawn is under no legal agreement with the holder to pay it1 whether the maker has a sufficient deposit or not4 ,consequently1 should the bank refuse to pay1 the holder has no cause of action against the bank4 ,the agreement to pay is between the bank and the depositor1 and if the bank fails to fulfill its agreement with him1 he has a just cause for complaint4 ,sometimes a bank declines to pay supposing1 through an error of bookkeeping perhaps1 that the depositor has not money enough there to pay his check4 ,in such a case1 as the bank is in the wrong1 if the depositor has suffered from loss of credit or in any other way from the bank's action1 it must respond and make the loss good4 ,suppose a person presents a check and the maker's deposit is not enough to pay the full amount1 what can be done8 ,usually the bank declines to pay4 ,suppose the holder says he is willing to give up the check and take the amount in the bank8 ,there is no reason why the bank should not accede to his wishes4 ,suppose a bank should pay more than the amount on deposit through no fraud of the holder1 from whom can it recover the amount8 ,if the holder has been free from wrong in presenting the check1 the bank cannot look to him1 but to the drawer for repayment4 ,if the maker of a check has no money in the bank1 perhaps he may not be a depositor1 he commits a fraud in making and giving his check to another1 and the offense in many states is deemed a crime3 likewise a person who receives such a check knowing its true nature is equally deep in the wrong4 ,the law is very strict in its requirement of banks when paying the checks of customers4 ,after a check has been delivered and has therefore passed beyond the maker's control1 the law requires the greatest care on the part of a bank in paying it4 ,the bank must be especially careful in examining the signature and the amount1 and if the signature has been forged1 or the amount changed1 the bank is liable for an improper payment4 ,once an employer gave his trusted clerk a post-dated check1 which he was to present on the day specified1 and1 after drawing the money1 was to pay this to his employees4 ,the clerk changed the date to an earlier one1 drew the money1 kept it and fled4 ,the court said the bank should have detected the alteration4 ,the bank contended that had the clerk waited until the proper day1 and then drawn the money1 it would not have been liable4 ,the court said that was not the case presented1 the clerk did not wait4 ,banks suffer1 far more than the public knows1 from the payment of raised checks1 for it is quite impossible always to detect them1 yet banks are held liable therefor4 ,there are two rules relating to the payment of checks worth mentioning4 ,one is1 the maker of a check should use proper precaution in making it4 ,he should write in a way that will not be likely to confuse the paying official4 ,for instance1 if in the above case the maker1 intending to give a post-dated check1 had written the date so imperfectly that the teller was misled1 the bank would not have been liable for paying it1 or for refusing to pay because there was not money enough in the bank at the time of presentation for payment4 ,some persons are very careless in making figures2 when they are1 they cannot look to the bank for the ill consequence of their own neglect4 ,again1 if a bank paid forged checks1 for example1 which were returned with other checks on the balancing of a depositor's book1 and months1 perhaps years afterward1 the depositor discovered the forgeries or forged indorsements1 he could1 notwithstanding the lapse of time1 demand of the bank the sums wrongfully paid4 ,this was a great hardship to banks1 and has been corrected in many states by statutes and by the courts in others4 ,the rule now is1 the depositor must1 within a reasonable time after the return of his bank book1 examine it1 also his checks1 and1 if payments have been improperly made1 demand immediate correction4 ,the holder of a check should demand payment within a reasonable time after he has received it4 ,he may keep it longer if he pleases1 but if he does1 and the bank should fail1 he cannot demand payment again from the maker of the check4 ,he in effect says to the holder of the check when giving it to him1 present this check to the bank within the proper time and it will be paid1 if you keep it longer1 you do it at your risk4 ,what is a reasonable time8 ,the law has fixed it4 ,if the bank is in the town or city where the holder of the check dwells1 he must present it the day he received it1 or the next day4 ,if it is drawn on a bank outside1 the check must be forwarded for presentment at the latest on the day after it is received4 ,with respect to the first class of checks therefore if the maker and receiver are both depositors of the same bank1 the operation on the part of the bank consists simply in debiting one account and crediting another with the amount2 if checks are drawn on another bank in the same city the receiver usually deposits them in his own bank and they are paid through the clearing house the next day4 ,a drawer may stop the payment of his check4 ,and when he requests the bank to do so it must heed his instruction1 and is liable if neglecting1 though not always for the whole amount of the check4 ,suppose the check was given for a bill which the maker actually owed1 yet for some reason1 after giving the check1 he did not wish to pay4 ,if it was actually due and undisputed it would be hardly just to require the bank to pay the check over again to the holder1 this would be too much4 ,but for whatever injury the maker of the check may have sustained the bank must make good4 ,when a check has been certified by the bank on which it is drawn1 the effect of the certification after the drawer has parted with it is precisely as if the bank had paid the money upon that check instead of making a certificate of its being good4 ,the check is charged up to the maker1 or should be1 and therefore as between him and the bank has been paid4 ,citizen4--,in modern usage this means a member of the body politic who owes allegiance to the nation and is entitled to public protection4 ,one may be a citizen of the ,united ,states without being a citizen of any state1 for example1 a citizen of the ,district of ,columbia1 or the territory of ,alaska4 ,citizen-ship implies the duty of allegiance to the government1 and the right of protection from it4 ,a citizen of the ,united ,states who resides in a state owes a double allegiance1 and can demand protection from each government4 ,for the ordinary rights of person and property he looks to the state for protection4 ,the rights for which he can seek the protection of the ,united ,states are only such as are established by the constitution and federal laws4 ,for some purposes even a corporation may be included within the term citizen1 for example the right to sue in the federal courts as a citizen of the incorporating state4 ,by the fourteenth amendment of the federal constitution1 all persons born in the ,united ,states and subject to its jurisdiction are citizens of the ,united ,states4 ,in #ahee ,congress passed an act conferring citizenship on alien women who should marry ,american citizens4 ,an ,american woman therefore who marries an alien takes the nationality of her husband4 ,when her marital relation ends she may elect to retain her marital or her original citizenship4 ,since minor children follow the status of their parent1 by the marriage of an alien widow to an ,american citizen1 her children also become ,american citizens4 ,an alien may be naturalized4 ,to do this he must have continuously resided in the ,united ,states for five years before his application1 and he must have appeared in court at least two years before1 and there declared his intention to become a citizen of the ,united ,states and to renounce allegiance to his former sovereign4 ,he must prove by the oath of at least two persons his residence1 also during that time that he has behaved as a man of good moral character and attached to the principles of the federal constitution4 ,he must take an oath to support and defend the constitution and laws of the ,united ,states and renounce allegiance to any foreign prince4 ,the naturalization of a person confers citizenship on his minor children if dwelling in the ,united ,states1 also on his wife1 unless she is of a race incapable of ,american citizenship4 ,the rights of aliens1 from the very beginning of the ,american government1 have been expanded by treaty provisions and by liberal legislation4 ,in nearly all the states resident aliens were given the right to take title to land1 whether by deed or by inheritance1 to hold such real estate and to transfer it by law or by descent4 ,in some states they were given the right to vote and hold office4 ,and at common law they were entitled to purchase1 own and sell personal property1 engage in business and to make contracts and wills4 ,by the fourteenth amendment to the federal constitution their rights and privileges have been further secured4 ,aliens owe to the country in which they reside a temporary and limited allegiance1 that is1 an obligation to obey its laws and subject themselves to the jurisdiction of the courts4 ,a non-resident alien is not within the terms of the fourteenth amendment1 indeed it is doubtful if he can ask any aid or relief under the state or federal constitutions4 ,a statute therefore imposing a higher inheritance tax on property passing to a non-resident alien than on his property if he resided here is valid4 ,non-resident aliens can acquire no rights incident to residence here except as permitted by the federal government4 ,this power may be exercised1 either through treaties made by the president and senate1 or through statutes enacted by congress4 ,so congress has excluded not only diseased1 criminal1 pauper and anarchist immigrants1 but also contract and ,chinese laborers4 ,contracts4--,at the outset the various kinds of contracts should be explained so that the principles which apply to them may be better understood4 ,one of the divisions is into simple contracts and specialties4 ,a simple contract may be verbal or it may be in writing1 but no seal is appended to the signatures of the parties4 ,a specialty is in writing and a seal is added to the signature4 ,a written contract may be a duplicate of another with a seal1 yet the two belong to different classes and different rules of law apply to them as we shall learn4 ,another classification is into executed and executory contracts4 ,an executed contract1 as the name implies1 is completed1 an executory contract is to be executed or completed4 ,an unpaid promissory note is an executory contract1 when paid it becomes an executed one4 ,another classification is into express or implied contracts4 ,an express contract is one actually made between two or more persons or parties2 an implied contract is one that the law makes for the parties4 ,suppose a man worked a day for another at his request1 and nothing was said about payment1 the law would require him to pay a reasonable sum for his day's work4 ,another kind of contract technically called quasi contract differs somewhat from an implied contract and will be explained in another place4 ,to every contract there must be two or more parties1 who have the legal right to make it4 ,not every person therefore who wishes to make a contract can legally do so4 ,of those whose ability to contract are limited are minors or infants4 ,the period of infancy is fixed by law1 and is therefore a conventional1 yet needful regulation4 ,in most states infancy ends at the age of twenty-one1 though some states fix a younger period1 eighteen for women4 ,a person becomes of age at the beginning of the day before his twenty-first birthday4 ,the reason for this rule is1 the law does not divide a day into a shorter period or time except when this is required in judicial proceedings4 ,another class of incapable contractors are married women4 ,their disability however has been largely removed by statutes in all the states1 as we shall learn in another place4 ,insane and drunken persons also are under disability to make contracts4 ,by the old law a drunken man who made a contract was still liable1 and required to fulfill as a penalty for his conduct4 ,a more humane rule now prevails and he can be relieved1 though like a minor1 if he wishes to avoid a contract1 he must return the thing purchased1 in other words he can take no advantage of his act to the injury of the other contracting party4 ,if however he has given a negotiable note that has passed into the possession of an innocent third person1 who did not know of his drunkenness at the time of making it1 he can be held for its payment4 ,it is not quite so easy to state rules that apply to insane persons because their conditions vary so greatly4 ,a person may be insane in some directions and yet his insanity may not be of a kind affecting his capacity to make at least some kind of contracts4 ,again1 he may have lucid intervals during which he is quite as capable of contracting as other persons4 ,and again when an insane man has made a contract1 the relief to which he is entitled depends on circumstances4 ,in some cases he may repudiate it1 a partial fulfillment only may be required4 ,the law has much to say about the consideration that is an element in every contract2 in other words1 there must be a cause1 something to be gained by the parties in every contract to sustain it4 ,if ,a should promise to give to ,b a house next week1 and on the day fixed for transferring it ,a should change his mind1 he could not be compelled to transfer it1 for the promise would be without any consideration or thing coming from ,b4 ,but if the house had been transferred1 ,a could not afterwards repent of his act and demand its return4 ,an executed gift therefore1 free from all fraudulent surroundings1 is valid3 the donor of an executory gift is free to withhold its execution4 ,a consideration need bear no relation or adequacy to the other thing that is to be received4 ,nothing is more frequent than a one-sided contract1 in which one party has gained far more than the other4 ,if the law attempted to adjust these cases1 many more courts would be needed than now exist4 ,we will briefly note the need of consideration in some classes of cases4 ,first1 a voluntary undertaking to work for another without compensation cannot be enforced4 ,under this head is the promise to pay the debt of another4 ,why should one do such a thing8 ,let us remember that should one make such a promise and keep it1 the money could not be recovered back1 that is quite another thing4 ,again1 if ,a owed ,b a debt and delayed payment1 and ,b should say to him1 if you will pay me half of it next week ,i will give up the rest1 ,b would not be bound by his promise4 ,suppose that ,b learning that ,a had ample means to pay1 should sue him1 ,a could not relieve himself from liability by offering to pay the amount ,a promised to take in settlement of the debt4 ,but should ,b accept one half1 in fulfillment of his promise1 that would be the end of the matter4 ,again should a bank defaulter make good the amount taken1 and the directors1 in consideration thereof1 promise to take no steps towards his prosecution by the government1 there would be no valid consideration to sustain the promise4 ,the state would be just as free to prosecute him as before4 ,very often such criminals are not prosecuted after returning all or a part of their unlawfully taken money1 nevertheless no settlement of this kind stands in the way of prosecution4 ,suppose ,a agreed to work for ,b for a month and1 after working a week1 should leave him without good reason1 can he recover for his week's work8 ,if he can get anything1 he cannot claim it under his contract for he has broken it and therefore a court could not enforce it4 ,if he can recover anything it is on the implied contract which the law makes1 the worth of his work after deducting the loss to his employer4 ,suppose the employer should prove that he had lost more by ,a's going away when he did than he had gained by his week's work1 he could recover of ,b1 for the rule works both ways4 ,in some states he cannot recover anything1 for1 having broken his contract1 he has no standing in court4 ,suppose one signs his name to a subscription paper1 calling for the payment of money1 to build a church1 for example1 and the designated amount has been subscribed1 can a subscriber refuse to pay8 ,he cannot4 ,suppose he withdraws before the subscriptions have been completed1 what then8 ,he can refuse4 ,if a subscription has not been completed1 death operates as a revocation and the subscriber's estate is not held for the amount4 ,sometimes a moral obligation to pay money is a good consideration for a promising to pay it4 ,thus if one owes another for a bill of goods1 and the debt has ceased to be binding by lapse of time1 yet he should afterwards promise to pay1 he could be held on his promise because there was a good consideration for the debt4 ,lastly a contract may be modified by mutual agreement without another consideration4 ,another element in a contract is mutuality1 a meeting of minds in the same sense4 ,in every contract there is an offer made by one party and an acceptance or refusal by the other4 ,when an acceptance occurs1 there is a meeting of minds1 or an assent4 ,very often the parties do not understand each other1 they acted hastily1 ignorantly perhaps1 their minds did not really meet in the same sense4 ,in such cases there is no contract4 ,generally the acceptance must be at the time of receiving the offer4 ,if it is not1 there is no meeting of minds1 no assent4 ,a person however may make an offer on time1 this is common enough4 ,when this is done the other party must furnish some kind of consideration to make the offer good for anything1 otherwise the offerer can withdraw his offer whenever he pleases4 ,many an offeree has been disappointed by the action of the other party in withdrawing his offer1 yet the offerer has been clearly within his rights in doing so when he has received no consideration for giving the other party time to think over his offer4 ,an eminent jurist has said that an offer without more is an offer in the present to be accepted or refused when made4 ,there is no time which a jury may consider reasonable or otherwise for the other party to consider it1 except by the agreement or concession of the party making it4 ,until it is accepted it may be withdrawn1 though that be at the next instant after it is made1 and a subsequent acceptance will be of no avail4 ,if no time is given1 or no consideration for the time given1 an offer therefore may be withdrawn as soon as made if not accepted4 ,a person may suddenly think of something which leads him to withdraw his offer as soon as it is out of his mouth1 and in doing so is within his rights1 but if he does not1 how long does his offer last8 ,a reasonable time4 ,what this is depends on many things1 one of the questions like so many others in the law to which no definite answer can be given4 ,an offer to sell some real estate was accepted five days afterward1 this was held to be within a reasonable time4 ,one can readily imagine cases in which five days would not be thus regarded1 or even five hours4 ,when does assent occur in contracts made by correspondence8 ,the rule is in nearly every state 7,massachusetts being the chief exception7 where an offeree has received an offer by letter and has put his acceptance in the postoffice1 the minds of the parties have met and made a contract4 ,the post-office is the agency of the offerer both to carry his offer and bring back the return4 ,if the offeree should use a different agency1 the telegraph for instance1 to convey his acceptance1 it would not be binding until the offerer had received and accepted it4 ,of course1 an offerer by letter may withdraw his offer at any time4 ,suppose he should receive an acceptance by letter or telegraph but deny it1 and insist that no contract had been made4 ,then the controversy would turn on the proof4 ,if the acceptance had been by letter1 and the offeree could prove that the offeree had written and mailed it1 the offeree's proof would be complete4 ,if the offeree sent a telegram1 then he would be obliged to prove the delivery of the dispatch4 ,suppose one should mail a letter of acceptance1 but before its receipt by the offerer1 should send a telegram declining the offer which was received before the letter of acceptance8 ,the acceptance would stand1 for as there had been a meeting of minds when the letter was put into the postoffice1 the offeree could not afterwards withdraw his offer4 ,a person who makes an offer cannot turn it into an acceptance4 ,an old uncle wrote to his nephew that he would give thirty dollars for his horse and added1 ,if ,i hear no more about the matter1 ,i consider the horse is mine4 ,the game did not work1 for no man can both make and accept an offer at the same time1 and that is what the foxy uncle tried to do4 ,offers and rewards are often made through the newspapers4 ,thus the owner of a carbolic smoke ball offered to pay a specified sum to any one who suffered from influenza after using one of his smoke balls in accordance with directions if he was not cured4 ,a person who failed to receive the benefit advertised recovered the reward4 ,two other cases may be mentioned that illustrate the uncertainty of the law4 ,an excited farmer offered the following reward1 ,harness stolen6 ,owner offers #ajj to any one who will find the thief1 and another #ajj to prosecute him6 ,the farmer cooled off and declined to pay after the thief was caught and the court relieved him1 declaring that his advertisement was not an offer to pay a reward1 but simply an explosion of wrath4 ,in another case a man's house was burning1 and he offered #e1jjj to any one who would bring down his wife dead or alive4 ,a brave fireman accomplished the feat4 ,this offerer too cooled off and declined to pay1 but he did not escape on the ground that this was only an explosion of affection1 and was obliged to pay4 ,lastly a contract dates from the time of acceptance1 and is construed or interpreted by the law of the place where it was made4 ,if it is to be performed in another place1 then the parties must be governed by the law of that place in performing it4 ,a contract having been made1 next follows its execution4 ,when a contract is not executed1 or not executed properly1 the party injured usually may recover his loss4 ,sometimes the contract states what the offending or wrongful party must pay should he fail to execute it4 ,many questions have arisen from such agreements4 ,suppose a contractor agrees to build a home for another and to finish it within a fixed time1 and1 failing to do so1 shall forfeit or pay to the other #e1jjj as a penalty for his failure4 ,one would think that if he failed to execute it the other party could demand the #e1jjj4 ,but the courts have a way of their own in looking at things4 ,suppose the contractor's failure did not in fact result in any loss whatever to the other party8 ,the courts in such a case are very reluctant to enforce the agreement4 ,if there had been a loss1 something like that amount1 then the courts would compel him to pay4 ,in other words1 the most general rule is1 notwithstanding such a clearly written agreement1 the courts seek to do justice between the parties4 ,whenever the parties do not attempt to fix the damages themselves1 should their contract not be fulfilled1 then the amount that may be recovered depends on a great variety of circumstances4 ,suppose a woman should go to a store to buy a piece of silk4 ,she asks if the piece shown to her by the saleswoman is all silk1 who makes an affirmative reply4 ,the buyer knows much more about it than the saleswoman1 which is often the case in buying things1 and knows it is half cotton1 can the buyer recover anything8 ,surely she has not been deceived4 ,the seller may have tried to fool her but did not1 and having failed1 the buyer has no legal ground for an action4 ,on the other hand1 if the buyer was ignorant1 knew nothing about silk and had been deceived by the seller1 then she would have a clear case4 ,this is one of the fundamentals in that large class of cases growing out of deceit4 ,the party seeking redress1 must have been deceived1 and also injured by the deceit in order to recover4 ,the remedies that may be employed whenever contracting parties have failed1 or partly failed to fulfill their agreements or promises will be considered under other heads4 ,see ,deceit2 ,drunkenness2 ,quasi ,contract4 ,corporations4--,there are many kinds of corporations4 ,those most generally known are business corporations2 and though many of them are very large1 legally they are private corporations4 ,a railroad corporation1 though performing a public service1 nevertheless is a private corporation4 ,public corporations are formed for governing the people and are often called municipal corporations4 ,they are created or chartered by the legislatures of the states wherein they exist4 ,formerly1 all private corporations in this country were granted charters by the legislative power1 and many corporations are doing business by virtue of the authority thus granted to them4 ,more recently general statutes have been enacted whereby individuals may form such corporations without the aid of a legislature4 ,authority has been conferred on the courts1 secretary of state1 or other official to grant to individuals1 who may apply for them1 charters on complying with the requirements of these statutes4 ,there are other kinds of corporations1 religious1 charitable and the like2 only one other need be mentioned1 to which the term quasi has been applied4 ,these resemble corporations in some ways1 and this is the reason for calling them quasi corporations4 ,a county or school district is such a corporation4 ,the supervisors of a county1 or the trustees of a school district1 can make contracts1 own and manage real estate for their respective bodies1 sue and be sued like the officers of other corporations4 ,by the general comity existing between the states corporations created in one state are permitted to carry on any lawful business in another1 and to acquire1 hold and transfer property there like individuals4 ,,formation ,,of ,,corporations4 ,formerly charters were granted to corporations for a long term of years1 or forever4 ,the policy of the law has changed in this regard1 and the duration of their existence is limited to a comparatively short period4 ,the life of a national bank is only for twenty years2 at the end of that period the charter is renewed1 and the charters of the older national banks have been renewed several times4 ,perpetual charters are infrequently granted1 and some of the older ones have been limited by legislative or judicial action4 ,a private corporation had perpetual authority to build and maintain a bridge across the ,susquehanna ,river at ,harrisburg1 nor could any other company build one within the distance of ten miles above or below4 ,notwithstanding this clear and exclusive grant1 another company was formed which attempted to build a bridge within a mile of the other4 ,the old company tried to prevent by law the new company from building the bridge4 ,the court said that perpetual did not mean literally perpetual1 but a long time1 that the old company had enjoyed its exclusive grant a long time1 long enough1 and that the new company was justified in its undertaking4 ,a corporation has no heirs like an individual2 it continues through succession1 one sells his interest or stock to another1 and thus it lives to the end of its charter unless it fails or1 through some other event1 comes to an end4 ,suppose a stockholder buys all the stock of the other members1 does the corporation still exist8 ,it does for a limited time4 ,how long8 ,no court has answered this question4 ,it depends on the particular case4 ,the courts also say1 that he can sell his stock to other individuals and thus practically revive a dying corporation4 ,a stockholder who had bought all the stock of a corporation claimed that he should be taxed as a corporation1 which was at a lower or favored rate than that paid by individuals4 ,the court said the game would not work1 that for the purposes of taxation the concern must be regarded as an individual4 ,so the stockholder knew more after that decision than he did before4 ,,capital4 ,every private corporation has a capital composed usually of money1 which is advanced or paid by its members or shareholders4 ,among the reasons for forming corporations two may be stated4 ,it is a way for collecting money from many sources needful for an enterprise2 the many contributors are like the small streams that unite and create a great reservoir4 ,the other reason is1 the contributors are free from the liabilities that attach to every member of a partnership for its entire indebtedness4 ,a stockholder may indeed1 if his corporation does not succeed1 lose a part or all of the capital he has contributed1 but no more or only a fixed amount1 as will be hereafter explained4 ,almost anyone can subscribe for stock1 with a few limitations4 ,a minor cannot subscribe for stock1 nor can his guardian act for him4 ,doubtless they do subscribe in some cases2 the practical difficulties will be shown in another connection4 ,a married woman cannot always subscribe1 unless by virtue of a statute4 ,what usually happens when she wishes to subscribe is to act through a friend1 who1 after the corporation is fully formed1 transfers the stock to her4 ,there is no legal stone in the way of such a course4 ,sometimes fictitious subscriptions are made to induce others to subscribe for stock4 ,whenever the fraud is found out an innocent subscriber can do one of three things4 ,if he has paid for his stock1 he can bring an action to recover it2 if he has not paid1 he can refuse to do so1 and set up the fraud as a defense4 ,he can do another thing1 accept the stock and sue for the damage he has sustained by the deceit that has been practiced on him4 ,the discovery of a fictitious subscriber among the number1 after all have subscribed1 where his action in subscribing did not affect their action1 will not justify them in not fulfilling their obligation to pay for their shares4 ,the issuing of a share certificate is not an essential condition of ownership4 ,it is merely evidence of it1 like the deed of a piece of real estate4 ,all the shareholders of a corporation are the owners whether any certificates are issued to them or not4 ,of course a stockholder desires to have his certificate for obvious reasons4 ,whenever the capital stock of a company is increased1 each shareholder has a right to his proportionate number of the new shares on fulfilling the terms on which they are issued before they can be offered to the public4 ,occasionally a clique seeks to get control of a corporation by the issue of new stock and taking it among themselves4 ,they can be defeated for the courts carefully guard the rights of all stockholders to take their shares of new stock before it can be offered to1 and taken by others4 ,of late years private corporations have been issuing a kind of stock1 called preferred1 that must be explained4 ,formerly such stock was more like a loan of money to a company1 and was issued primarily as the most feasible way of getting a fresh supply of money capital4 ,the lenders or takers of the stock received a fixed per cent4 on their money1 which was paid before the common shareholders received anything4 ,his preference or dividend was not guaranteed1 but the probability of regular payment was so strong in most cases that his shares usually possessed a real value4 ,preferred shareholders are not liable for the debts of their corporations1 and the right to vote at any meeting of the shareholders is sometimes given to them1 though not always4 ,the tendency of the day is to confer this right on them4 ,whether1 when the amount of the preferred stock is increased1 the preferred shareholders are entitled to subscribe for their proportionate amount1 like common shareholders1 is an open question4 ,the authority of agents or commissioners to receive subscriptions is strictly regarded4 ,they cannot refuse to receive a subscription made by a competent person1 nor release a subscriber1 nor vary the terms of subscription to anyone4 ,a subscription for shares is a contract in writing and cannot be proved by oral evidence unless the original subscription paper has been lost4 ,as the contract is an open one1 any subscriber must inform himself of the legal consequences of subscribing1 and cannot therefore refuse to execute it on the ground of ignorance or misunderstanding4 ,suppose an agent who was soliciting subscriptions1 in reply to questions concerning the laws relating to the proposed company1 should give incorrect answers to a subscriber1 these would furnish no ground for refusing to pay1 as he has promised to do1 for he could have found out what the laws were without inquiring of the agent4 ,this may seem a hard rule1 yet it has a wide application4 ,in one sense it is true that every person can find out the law for himself1 the books are open1 the statutes especially may be easily found1 but how many know enough to find the laws in which they are interested8 ,of course if a person has been deceived by an agent1 if a fraud has been practised on him1 he can avoid his contract4 ,thus a person who1 unable to read a subscription paper1 was induced to subscribe through misrepresentation of its contents1 was not bound by it4 ,if he wishes to act1 he must lose no time after discovering the fraud that has been practiced on him4 ,he cannot say1 ,i will abide by a company if successful1 and will leave it if it fails4 ,he must therefore decide at once either to continue his membership or withdraw4 ,a company cannot purchase its own shares unless by charter or statute such action is clearly authorized4 ,for1 to do this is to reduce its assets or fund for paying its indebtedness1 which the law will not permit to be done4 ,if a company has no debts1 a reduction in its capital made in an open manner in accordance with law1 is legal4 ,the tendency of the times everywhere is to increase the capitals of private corporations2 reductions though are sometimes made to lessen especially the burden of taxation4 ,a corporation has no lien on its stock for the indebtedness of the owner unless conferred by charter or statute4 ,once such a lien could be established by usage or by-law under authority given to a corporation to regulate the transfer of its stock4 ,the national banking law prohibits the creation of such liens1 and the strong current of the law runs in this direction4 ,but a bank can retain a dividend that has been declared to reduce the indebtedness of the owner to the bank for his stock4 ,,liability ,,of ,,shareholders4 ,the liability of the shareholders of a corporation is very unlike that of members of a partnership4 ,it was the liability of each partner for all the debts of a concern that kept many persons from forming that relation4 ,the shareholders of many corporations are liable only for the amount they have contributed and paid1 or have agreed to pay4 ,national bank shareholders are liable for another sum1 equal to the par value of their stock1 provided as much may be needed to pay its debts should the bank fail4 ,thus if a shareholder owned ten shares1 having a par value of #ajj a share1 he might be required to pay1 should the bank fail1 #a1jjj more provided as much was needed to pay its debts4 ,in a few states shareholders are required to pay twice the amount of the par value of the stock if as much may be needed to pay its indebtedness4 ,if a corporation fail1 one or more persons are usually appointed by a court to settle its affairs1 who are called receivers4 ,several years are sometimes required to settle the affairs of a corporation4 ,first an inventory is made of its property1 names of the debtors and creditors1 and the amounts due from and to them1 and as soon as its property can be converted into cash1 dividends are declared and paid to the creditors2 and this work is continued until there has been a disposition of all the property1 and the amount received therefrom less the expense of the receivership1 has been paid to the creditors4 ,when the shareholders are required to pay more1 as above explained1 on the failure of their corporation1 they are notified by the receiver how much and when they must pay4 ,this requirement is based on an order from the court that appointed him1 which1 in turn1 is based on information which he has furnished to the court of the amount that may be needed to pay the debts of the corporation4 ,several assessments may be ordered1 but they never exceed in the aggregate more than the amount of liability fixed by law1 the amount or twice the amount of the par value of the stock subscribed4 ,should shareholders decline to pay these assessments as ordered1 the receiver sues them and obtains judgments1 the proceeds of which are paid to the creditors4 ,,meetings4 ,the power of a corporation vests or rests in its members4 ,the charter and statutes provide that they shall meet1 organize1 elect officers1 and adopt by-laws for the more detailed governing of the corporation4 ,one of the most general principles pertaining to them is1 the majority shall rule4 ,this however may be modified by charter or statute4 ,there are a few ancient charters which provide that1 notwithstanding the quantity of stock a shareholder may own1 he is entitled to only one vote4 ,the writer knows of a case in which a shareholder bought nearly all the stock of a corporation and went to the annual meeting supposing that he could and would do as he pleased4 ,on learning the unwelcome truth that he had only one vote like the others he quickly put on his hat and walked out4 ,the statutes usually prescribe how notice of the joint meeting shall be given4 ,they are not mandatory1 but directory1 hence if all the persons in a corporation should come together without any notice or call whatever1 and accept the charter1 and do any other thing needful to form the corporation1 their action would be valid4 ,where the regulations of a corporation definitely fix the place1 the day1 and hour of the annual meeting at which the directors are to be elected1 no further notice of the meeting to the stockholders is needed unless required by its charter or by-laws4 ,a case may arise in which other persons than those designated by statute may call a meeting4 ,suppose a statute prescribes that the persons named in the certificate of incorporation1 or any three of them1 may call a meeting of the shareholders1 and before giving notice all of them had died8 ,then the meeting could be called by others4 ,again1 authority to create a corporation may fail through long delay in calling a meeting and organizing4 ,should the notices for the first meeting not be given as the law requires1 it is nevertheless valid if the shareholders have notice and join in waiving the mailing of the required notices4 ,likewise a subscriber waives his notice of the first meeting when he afterwards offers to pay for his shares4 ,if the by-laws require that an annual meeting shall be held at a particular time1 and those whose duty it is to call it1 forget to do so1 it may be held afterwards1 and the officers elected and other business transacted would be as valid as if the meeting had been held at the proper time4 ,should the officer who ought to call a meeting refuse to do so he may be compelled by law to call it4 ,this proceeding is called a mandamus1 and is issued at the instance or request of the shareholders4 ,besides annual meetings1 corporations hold many stated or regular meetings at monthly or other times4 ,thus if a meeting of proprietors must be called by twelve of them1 a call signed by eleven is defective4 ,if a statute requires a committee of a society to sign the call1 it cannot be signed by the clerk1 nor by him for them4 ,if the trustees of a corporation must issue the call1 this cannot be done by the president4 ,if exclusive authority to issue the call is vested in the directors1 it cannot be exercised by the president and secretary4 ,if the articles of association provide that meetings of shareholders may be called by the board of directors1 or by any three shareholders1 the president and cashier cannot issue a valid call4 ,but if a board consists of three members and there is a vacancy1 the other two may act and give the notice4 ,a well understood distinction exists between the calling of regular and special meetings4 ,regular meetings are held in the way set forth in the charter and by-laws of a corporation2 special meetings are called at irregular times on proper authority4 ,a notice for a special meeting must state the object of it1 and no other business can be transacted4 ,on the other hand unless the regular meeting is of great importance no mention need be made of its object in the notice4 ,an authorized meeting may be adjourned from time to time without giving further notice1 for it is only a continuation of the original meeting4 ,says an eminent judge3 whether a meeting is continued without interruption for many days1 or is adjourned from day to day1 or from time to time1 many days intervening1 it is evident that it must be considered the same meeting4 ,a meeting may be legally held though one of its members is incapable1 physically or mentally1 from receiving notice4 ,the law cannot look into the capacity of the stockholders to transact business1 but can only regard the capacity of the aggregate body when duly assembled4 ,on the death of a stockholder1 the purchaser1 if the stock has been sold1 should have it transferred1 or give distinct notice to the company how notices of its meetings should be sent to him2 if neglecting to do this1 he cannot charge the corporation with neglect should it continue to send notices to the former address4 ,two other points may be mentioned concerning notices4 ,one is1 they may be waived and this is often done4 ,many a question though arises1 what action amounts to a waiver of notice4 ,if each shareholder attends in person or by proxy and participates in the meeting1 he cannot afterward question its legality because he received no notice of it4 ,an improper notice may also be cured by ratification4 ,thus if a secretary calls a meeting instead of the directors1 and his action is properly ratified by them1 the call is effective4 ,more generally1 the action of a meeting will be declared valid where it appears that every stockholder who did not participate in the meeting ratified its action afterwards4 ,an election of trustees of a church may be valid even though the notice lacked the proper length of time and the names of the trustees whose seats became vacant at the election1 if it was fairly conducted and all who had the right to vote were present4 ,likewise a stockholder who knows of the sale of his railroad1 though not legally notified of the meeting which authorized its sale1 and was not present1 may be bound by its action through acquiescence4 ,and a stockholder who1 after receiving notice of a meeting called by the directors to consider their neglect of duty and who decides not to go1 is not thereby prevented from taking action against them by the stockholders who did attend and authorized their unauthorized action4 ,lastly a stockholder who was present cannot complain that notice was not given to others2 the objection is personal4 ,next we may inquire1 who can vote at such meetings8 ,unless prevented by charter1 statute or by-law a stockholder may vote at any corporate meeting even though no certificate of stock has been issued to him4 ,nor does his indebtedness for his stock prevent him from voting4 ,on the other hand if inspectors were not bound by the record of ownership in the company's books and went behind them to find out the real ownership of the company's stock1 they would often have a grave task before them4 ,consequently in many1 perhaps all of the states1 only stockholders or those holding proxies for them can vote at a general election4 ,by statute the stock record of ownership is usually made the conclusive test of the right to vote4 ,stockholders who thus appear on the stock books at the date of a meeting are entitled to vote the stock4 ,a trustee is the legal owner of stock standing in his name and may vote the stock for all purposes2 but a testator may impose limitations on his voting power4 ,should trustees under a will holding a majority of the stock of a corporation disagree1 and one of them should be enjoined from voting it1 a minority stockholder would be entitled to an injunction to restrain the other trustee from holding an election or voting the stock alone until the right to vote the stock had been legally decided4 ,a different rule applies to a naked trustee who holds the title to the stock without any real interest in it4 ,he can indeed vote1 but in the way directed by the beneficiary or real owner4 ,in ,colorado1 by statute1 perhaps in some other states1 a person to whom stock has been issued as trustee without the knowledge of the owner1 is not a bona fide stockholder and cannot vote4 ,an executor has the power to vote the stock of his testator4 ,and if one of joint executors issues a proxy authorizing the vote of the stock belonging to the estate1 and the other executor is present at the stockholders' meeting1 the vote of the stock by the executor who is present is deemed a revocation of the proxy given by his co-executor4 ,and if a will gives to one of three executors the power to vote the stock1 and directs the other two to give him a proxy for that purpose1 which they decline to do1 a court will order the proxy to be given4 ,and whenever stock is held by executors who are not united in voting it1 they cannot vote at all4 ,a foreign executor should present to the inspectors of election an exemplified copy of his letters of administration1 and having done so may vote on the stock standing in the testator's name4 ,an administrator has the right to vote stock belonging to the estate1 even though it has not been transferred to him in the corporation's books4 ,a partner of a firm who owns stock in a corporation may represent the stock in all meetings4 ,he may therefore receive and waive notice of them1 vote when attending them1 in short1 participate in all matters4 ,and on the death of a partner the surviving partner has the right to represent the partnership and vote on its stock4 ,two other kinds of stockholders still require mention1 sellers and purchasers of stock and pledgors and pledgees4 ,until a transfer is entered on the books of a corporation1 the transferee1 as between himself and the company1 has no right beyond that of having the transfer properly entered4 ,until that is done1 the person in whose name the stock is entered on the books of the company is1 as between himself and the company1 the owner to all intents and purposes1 and particularly for the purpose of an election4 ,many questions have arisen between pledgors and pledgees about their rights to vote the pledged stock4 ,of course1 whenever an agreement has been made by them this must be respected4 ,in other cases1 if the record remains unchanged1 the pledgor can vote the stock4 ,but if the pledgor has transferred his right to vote the stock1 he cannot ask a court to restore his right to vote it until the purpose for which it was pledged has been satisfied4 ,again a pledgor who pledges his stock not in good faith as security for a loan1 but to enable the pledgee to vote it and effect an unlawful purpose1 cannot do this and so defeat a statute which provides that the real owner1 the pledgor1 may vote his stock4 ,passing to the pledgee1 whenever he is registered as owner of the stock on the company's books1 its officers will not look behind these to ascertain whether he is the real owner or not when he is voting his stock4 ,a court of equity though may do this1 and enjoin a pledgee from voting the stock whenever the pledgor's rights would be affected4 ,should the pledgor acquiesce for years in the control of the stock by the pledgee1 who is the record owner1 and not inform the company of his ownership until the holding of a contested election1 he would be too late to claim the right to vote4 ,finally when a certificate of stock has been assigned in blank as collateral security1 which is often done1 and never transferred to the pledgee on the books of the corporation1 a memorandum only having been made on the stub of the certificate in the stock book1 the pledgee is not a stockholder and cannot vote the stock4 ,it may be added that notices of meetings should be sent to whoever has the right to vote the stock1 to the pledgor if the stock still stands in his name1 to the pledgee if the stock has been transferred to him and stands in his name4 ,,directors4 ,shareholders manage their corporations through directors or trustees elected for that purpose4 ,the business of some corporations is managed by trustees who are named in the charter and who fill vacancies in their number by electing others themselves1 a self-perpetuating body4 ,many savings banks especially are thus organized and continued4 ,from their number they usually select a smaller number to manage or direct its affairs4 ,the directors are always shareholders1 unless the charter of a corporation permits the election of outsiders1 a thing that rarely happens4 ,the national banking act requires that every director shall own at least ten shares of stock1 and many other corporations have similar requirements4 ,the charter or statutes prescribe at least the minimum number that must be elected1 but the maximum number is left to the stockholders themselves4 ,a national bank must have five directors1 not infrequently the board is composed of ten1 fifteen1 or even more4 ,a director is chosen for some real service that he is likely or willing to perform4 ,an individual may be chosen a bank director who may not be able to do much in directing the affairs of the bank1 yet by reason of his wealth or business relations he may be able to attract business to the bank and thus greatly promote its prosperity4 ,he is elected by a majority of the votes of the shareholders4 ,more recently the cumulative system of voting has come into general favor4 ,by this system a voter may cast as many votes for each of the candidates as he holds shares of stock1 or he may distribute or cumulate his votes on a smaller number4 ,where the votes under such a system are cast and counted1 the validity of the election must be determined precisely as in all other cases4 ,where the shareholders have failed1 whether voting cumulatively or otherwise1 to elect a quorum of the new board1 at an annual meeting of stockholders1 it is the privilege of the shareholders to ask for successive voting for directors to fill the board4 ,the ruling of a chairman on one occasion1 that because of a tie further balloting could not proceed1 and that the old board held over was arbitrary and illegal4 ,a stockholder who has votes enough to elect himself and other directors by cumulating his shares in voting1 but refrains from doing so in consequence of a verbal agreement among the stockholders that he shall be chosen president1 which they fail to carry out1 cannot obtain any satisfaction from a court4 ,a court says in effect stockholders should not be trusted to make such agreements1 and will not aid the tricked stockholder by ordering a new election4 ,probably he will be fooled only once4 ,having elected directors1 the management of a corporation is confided to them4 ,what authority do they possess8 ,this is defined by charter1 statute1 by-law1 and custom4 ,says ,morawetz3 ,the rule limiting the authority of the power of the majority to the general supervision of the affairs of the corporation is established for the protection of the individual shareholders1 as well as for reasons of practical consequence4 ,directors also have wide discretion in delegating their authority4 ,their rights and limitations in this regard are also bounded by charter1 by-laws and usage4 ,formerly bank directors loaned the money of their bank2 this was their most important duty4 ,of late years1 especially in the larger cities1 this business has been largely delegated to a committee1 chosen from their number1 or to two or three officials of the bank4 ,the directors continue to meet1 very much as before and at their meetings the action of those who have been entrusted with power to lend the bank's money is ratified4 ,more and more authority to direct or do the greater things in a corporation are concentrated in the hands of a smaller number of individuals4 ,time is ever becoming a more important element1 a smaller number of men can act more quickly than a larger number1 and so business must be more and more concentrated to be done efficiently4 ,a director has no authority to act separately and independently4 ,only as a board1 properly convened1 does he represent his corporation4 ,while this is the law1 he can and does in fact often act singly1 and his action becomes effective to bind his corporation by ratification4 ,such action plays a great part in the modern corporation4 ,though a principal may at any time1 as a general rule1 revoke the authority he has given to an agent1 this does not apply to the directors of corporations4 ,says ,morawetz3 ,the majority of the board clearly have no power to expel an individual director1 or to exclude him from inspecting the company's books and participating in its management1 although they may believe him to be hostile to the interests of the association4 ,a president or other official is chosen pursuant to the charter to serve for a year or other period1 and is simply an agent in serving the corporation1 he cannot be turned away like an ordinary agent4 ,if he conducts fraudulently1 he may be removed1 but this is not an easy process as corporations long ago found out4 ,directors in most cases receive no compensation though the practice is growing of rewarding them4 ,unless this is fixed by charter or by the stockholders they can get nothing1 for they cannot legally vote salaries to themselves4 ,a director who performs a different service1 serves as an attorney1 for example1 may receive compensation for it4 ,this is a salutary rule of the law1 which the courts everywhere do not hesitate to enforce4 ,by another rule1 hardly less important1 directors cannot bind their corporation by any contract made with themselves1 or represent their corporation in transactions wherein they have an interest4 ,this is only another application of a rule of agency1 that an agent cannot act at the same time for both parties4 ,yet there is increasing difficulty in applying this rule because the business of corporations has become so intermingled1 and also the business of directors1 directly or indirectly1 with that of the corporations they represent4 ,from this state of things has come another rule1 that the transactions between directors and their corporations are not actually void but voidable1 in other words if they are tainted with fraud1 they can be set aside provided proper action is taken as soon as the fraud is discovered4 ,suppose directors had defrauded their corporation1 but the fraud was not discovered until several years afterward4 ,once it was held that they could shield themselves behind the ,statute of ,limitations 7see ,statute of ,limitations7 if the discovery of the fraud did not occur until after the ,statute had become effective to protect them4 ,this is no longer the law4 ,action however must be begun against them within the proper time after discovering the fraud1 otherwise the ,statute may be interposed as a bar to proceeding against them4 ,the complication of business has led to the adoption of another principle in managing corporations4 ,a majority of the directors may lawfully act as opposed to the minority2 in other words if a majority are not interested in a matter that concerns one or more of the minority directors1 the interests of the corporation are supposed to be properly safeguarded4 ,yet an illustration discloses the dangerous character of this method of doing business4 ,suppose each director of a bank wished to obtain a loan of money from it4 ,they could not legally make such loans1 for no one would represent the bank4 ,suppose a single director made such an application1 that would be a proper thing for him to do and for them to grant1 for the bank would be represented by all the directors except the applicant4 ,suppose it were agreed in advance that each would make an application at different meetings that should be favorably regarded1 the series of loans would be in fact only a single transaction in which the bank was not represented4 ,the knowledge of a director or other officer is imputed to1 or regarded in the law as known by the bank on all matters relating to it4 ,thus if a director knew that a note was signed by a minor which was afterwards presented for discount at a directors' meeting at which this director was present1 and he forgot to tell the directors what he knew and it was discounted1 the bank would be regarded as having knowledge that the maker was a minor1 who of course could not be held on the note4 ,this principle has a very wide application1 yet is very difficult to apply4 ,the tendency of the law is to narrow the application of the rule1 for directors do not in many cases impart their knowledge1 either through forgetfulness or other cause1 and it is not just to hold their corporation always for their unintentional neglect4 ,often they are busy men1 have greater interests of their own1 and do not remember the things they learn about matters relating to their corporation1 and if it were always held as knowing as much as they do on all occasions1 the way of a corporation would be fraught with a grave peril4 ,a proper distinction is made in the imputation of knowledge between that of a bank director for example who is engaged chiefly in some other business1 and that of its president whose chief employment is the management of his bank4 ,suppose he should learn about a defective note before it was presented for discount1 the bank would be very properly charged with his knowledge1 because it would be his clear duty to remember what he had learned and impart it to his fellow directors4 ,directors sometimes go astray and cases are constantly arising to determine their liability4 ,when a corporation has failed or passed a dividend nothing is more common than to accuse its directors of negligence1 incompetence or fraud4 ,the legal rule of liability is quite a different thing4 ,let us try to give this in the fewest words possible4 ,the charters of corporations1 or statutes that apply to directors1 prescribe some definite things which they must do or not do1 and if these are violated they are clearly liable4 ,the directors of a bank are required to make a statement of its affairs to a government official at a stated period1 and if they neglect to do it1 or intentionally make a wrong and deceptive one1 they are liable4 ,by many statutes they are forbidden to make loans above a certain amount1 or a fixed proportion of their bank's capital1 and if they violate this plain law they are liable4 ,in all other cases where by charter or statute a plain rule of duty is prescribed for directors1 they are liable1 should they disregard it4 ,besides these clearly defined lines of duty are other lines of duty in which the proper course of action is not so clearly defined1 indeed is largely discretionary4 ,from the nature of the business of almost any kind of corporation1 it is impossible to prescribe in detail the course of action directors must follow4 ,much must be left to their judgment4 ,they must on all occasions be honest and free from fraud4 ,this is one limitation4 ,if they are guilty of doing things tainted or marked with fraud1 they are liable4 ,fraud may be of two kinds1 omission and commission4 ,if a director knew that his fellow directors were doing fraudulent things1 and he kept away from directors' meetings because he did not wish to participate in their wrongdoing1 or dared not go and try to stop them1 or kept silent when he should have exposed them1 he must suffer in the end as one of the number though entirely innocent of actual participation in the fraud4 ,many a director knowing or suspecting with good reason that his fellow directors were running the corporation in an illegal manner1 has quietly sold out leaving the stockholders to find out afterwards and from some other source about the wrongdoing of their agents4 ,in all such cases of omission of duty a director is held responsible for the wrongs of his associates4 ,recently a court has declared that a director who desires to escape further responsibility by resigning his position must make sure that his resignation reaches the board4 ,if therefore he should send it to the secretary1 who failed to deliver it to the board1 his resignation would not be effective and he would still be responsible like the other directors for whatever the board might do4 ,what acts are fraudulent are sometimes difficult to determine4 ,different courts interpret the same act sometimes in different ways4 ,they do not differ so much on the application of the principle--for all acts of fraud1 whether of omission or commission1 directors are liable4 ,there is another series of acts for which they are liable1 those of gross negligence4 ,how gross must the act be8 ,if it is so gross as to amount to a fraud1 they are liable2 if not so gross1 if no fraud is found of any kind1 nothing but negligence pure and simple1 they are not liable at all4 ,most courts though go further and declare that if they are guilty of gross negligence1 even though the smell or taint of fraud is not perceptible1 they are liable4 ,what1 then1 is the nature of the acts that constitute gross negligence8 ,these cannot be easily defined1 they differ in each case2 so each case stands by itself4 ,this is the conclusion of the highest court in the land and which is followed by many others4 ,the same case therefore may be regarded differently by different tribunals4 ,thus some directors were tried not long since for wrecking a national bank4 ,the lower court decided that all the directors were guilty of gross negligence1 on appeal the reviewing court decided that the president only was guilty of fraud and acquitted the others4 ,,dividends4 ,one of the most cheerful things a corporation can do is to declare a dividend1 especially if it be a large one4 ,until a dividend is declared the profits of a corporation are simply its assets1 do not belong to the stockholders1 and should it become insolvent must be used to pay creditors4 ,but if a dividend has been declared and the corporation afterwards becomes insolvent before paying it1 the stockholders may insist on its payment to them instead of paying it to the creditors4 ,dividends must be paid from net profits4 ,they can never be taken from the capital1 for this would impair it and1 if continued1 result in the insolvency of the corporation4 ,the laws everywhere forbid this1 and1 if violated1 the directors are usually penalized4 ,it is not an infrequent thing to declare a dividend that has not been earned in order to keep up the value of the stock1 and enable the directors and their friends to sell out before the true condition of things has become public4 ,such action is a palpable fraud which the law recognizes and for which the guilty ones must answer4 ,nor can dividends be declared out of borrowed money1 for this is no profit1 though money may be temporarily borrowed for this purpose4 ,a profit may have been actually made1 which may not have been reduced to money1 that will justify a corporation in borrowing to pay a dividend1 assured that the loan will soon be repaid4 ,but the rule or practice is hedged about with limitations4 ,thus the premiums received by an insurance company and interest on its capital stock constitute the fund from which dividends are paid4 ,unearned premiums that have been paid do not form a part of that fund1 for1 while the risk is still running1 the company may be obliged to pay them out in settling losses4 ,the profits of coal and other mining corporations may be divided without making any deduction for decrease in the value of the mine from extracting minerals4 ,the same principle applies to all corporations organized to operate wasting property like a mine or patent1 though in thus dividing all its net profits and accumulating no surplus the value of the property is lessened4 ,except such cases1 before a corporation can lawfully set apart its profit as a dividend1 a sufficient sum must be set aside to represent the wear and tear for the purpose of creating a fund to renew and improve the property of the corporation4 ,dividends illegally declared and paid1 not based on profits may be recovered either by the corporation or by its representative for the benefit of creditors4 ,the fact1 says ,clark1 that the directors acted in good faith under a misconception of the amount of profits possessed by the company or that were available for that purpose is immaterial4 ,and if the capital stock of a company has been wrongfully paid away by the directors as dividends1 it may be recovered by the creditors from anyone who is not an innocent receiver4 ,whether a dividend shall be declared1 and also the amount1 are questions lying largely within the discretion of the directors4 ,a company may earn a large net profit1 yet the directors may think it should be used for improvements or kept for a future contingency in business1 perhaps a time of business depression4 ,courts will not interfere in such cases4 ,corporations are sometimes organized with the well understood intention that the earnings shall be kept until a large surplus has been accumulated4 ,on the other hand directors are not permitted to abuse their power2 they must act in good faith4 ,they cannot withhold dividends in order to depress the value of the property and buy its stock at a lower price4 ,dividends must be distributed among the stockholders without unjust discrimination4 ,the dividends1 said a court1 must be general on all the stock so that each stockholder will receive his proportionate share4 ,the directors have no right to declare a dividend on any other principle4 ,they cannot exclude any portion of the stockholders from an equal participation of the profits of the company4 ,a stockholder cannot be deprived of his dividend because he purchased his stock a very short time before the action of the directors in declaring a dividend4 ,on one occasion a person held bonds convertible into stock4 ,shortly after the conversion a dividend was declared4 ,he was as much entitled to his dividend as any other stockholder4 ,to whom should the dividend be paid8 ,to the person whose name appears as owner on the books of the company4 ,but if a company has notice of a transfer of stock1 a dividend subsequently declared should be paid to the purchaser even though the transfer was not registered4 ,in pledging stock it is a common practice to declare that the pledgee shall be entitled to the dividends that are declared4 ,if nothing is said1 and the stock has been transferred on the books of the company1 the pledgee is entitled to the dividends following the general rule above mentioned4 ,a dividend may be payable in cash or property or a stock dividend may be made4 ,such a dividend1 if the stock is issued only to the extent of the surplus profits1 is not a violation of the prohibition against reducing or withdrawing the capital stock by distribution among the stockholders4 ,during recent years some important questions have arisen about dividends or income on stock given by will to the legatees or friends of the testator4 ,dividends that are declared after a grant or bequest1 though earned before1 go to the legatee as income4 ,this is not the rule everywhere4 ,in some states the surplus profits accumulated during the testator's life1 though not divided until after his death1 belong to the estate1 while the dividends or income earned and declared after his death are paid to the legatee or beneficiary mentioned in the will4 ,again1 a somewhat different rule applies to stock dividends4 ,in some states these are regarded as an increase of capital and must be kept as a part of the estate2 in other states such stock is regarded simply as another form of income and goes to the legatee like any other income flowing from the investment4 ,the highest federal court has declared that when a distribution of earnings is made by a corporation among its stockholders1 the question whether such distribution is an apportionment of additional stock representing capital1 or a division of profits and income1 depends upon the substance and intent of the action of the corporation1 as manifested by its vote or resolution2 and ordinarily a dividend declared in stock is to be deemed capital1 and a dividend in money is to be deemed income of each share4 ,a will bequeathed stock in a corporation in trust to pay the dividends as they accrued to a daughter of the testator during her lifetime4 ,stock dividends were declared by the corporation from time to time and after the death of the testator1 and these accumulated earnings were invested by the company in permanent works4 ,after the testator's death the corporation was authorized by statute to increase its capital stock4 ,the dividends were held to be accretions to the capital1 and the income only was payable to the daughter for life4 ,,wrongs4 ,passing from the action of directors in declaring dividends1 the wrongs done by corporations may be stated4 ,as it is an impersonal1 artificial thing1 a corporation cannot possibly commit a wrong or tort like a natural person4 ,for many years this conception of a corporation1 that it could not commit many of the well-known wrongs1 could not slander a person for example1 led to perplexing consequences4 ,finally the principle was established that through its agents or servants a corporation could do wrong quite like an individual4 ,thus a corporation may be guilty of malice1 and may be punished for slander or libel1 for a malicious prosecution1 false representation1 for trespass should its agents unlawfully enter on the land of another1 for maintaining a nuisance and the like4 ,a national bank is forbidden to certify the check of a depositor unless he has the amount of money stated in the check in the bank4 ,and if this is done the certifying official and all others who participated with him in disregarding the law are made criminally liable1 and on several occasions the law has been enforced4 ,again1 a corporation is liable for the negligence of its servants in performing their duties1 and are constantly sued for their failures4 ,a railroad company is sued for injuries to its passengers caused by the improper running of its trains2 for its failure to carry and deliver freight in accordance with its obligations or agreements4 ,street railways are constantly sued by passengers who are injured through the negligence of its officials4 ,by statutes corporations are required to do many things and1 if they fail1 are liable for the consequences4 ,these duties may be divided into two classes1 those toward the public and those that affect their stockholders4 ,their public duties may again be divided into those that are imposed on them by statute1 and a still larger number by the common law4 ,as we have seen1 stockholders confide necessarily the management of their corporation to directors1 who in most cases must necessarily have a largely discretionary power1 and who1 in turn1 must appoint other agents to execute the details of the corporate business4 ,these not infrequently fail through incompetence or neglect to perform their duties properly1 and consequently corporations are subjected to lawsuits in which redress is sought by the injured parties4 ,some of these wrongs for which they are liable to the public have been mentioned1 it would require too much space to mention all4 ,the injuries done to stockholders by their directors remain for consideration4 ,unless directors are restricted by action of the stockholders at a stockholders' meeting1 they have the authority prescribed by charter and statute2 outside these1 their authority is largely discretionary1 and must be so4 ,if1 therefore1 stockholders are dissatisfied with their directors1 as they often are1 their remedy is to elect others at the end of their term of service4 ,if at the time of choosing them1 the annual meeting1 none are chosen1 the directors hold over until they are again elected1 or others are chosen in their places4 ,after they have been chosen1 no stockholder can interfere in any way with their discretionary authority unless he has a clear case calling for judicial action4 ,until a mistake1 says ,morawetz1 on the part of the directors1 individual stockholders have no right to appeal to the courts to define the line of policy to be pursued by the company4 ,the courts therefore are quite unanimous in sustaining the action of directors so long as they act within the discretionary authority given them4 ,occasions happen when the removal of directors is essential to the welfare of a corporation4 ,suppose they are pursuing a course clearly ruinous to the company8 ,in such a case the court will grant relief on the request of the stockholders whenever the corporation itself is unable or unwilling to do so4 ,primarily the corporation should proceed against the directors1 for the wrong is a corporate one4 ,in many cases the corporation is so completely in their control that the stockholders are unable to do anything through it4 ,in such case they must act in the name of1 and in behalf of the company4 ,and if they succeed in establishing their case1 the courts will order the removal of the directors4 ,sometimes the courts1 instead of going so far1 will enjoin them from doing wrongs that are feared4 ,suppose it is feared that directors will declare a dividend that has not been earned1 the courts on proper proof would enjoin them from making it4 ,suppose it is feared they will issue more stock and divide all the shares among themselves instead of proportionately among all the stockholders as the law requires1 in order to get control of the company1 a court would not hesitate to restrain them4 ,lastly may be considered a stockholder's rights to inspect the books of his company4 ,this he may do at all proper times and for reasonable purposes4 ,and if the right is refused the courts will aid him in making an inspection4 ,what then is a proper purpose that justifies him in making the request8 ,he cannot do so to satisfy some freak1 or to annoy an official with whom he may be on bad terms4 ,nor can he do it to obtain information to be used for stock-jobbing purposes4 ,suppose he has reason for supposing that the books were falsified1 that the stockholders were not receiving correct accounts of the expenditures and earnings of the company1 a stockholder would certainly have a right to make an examination1 and could also employ an agent1 attorney1 or expert accountant to do this for him1 for his ignorance of bookkeeping methods might debar him from making an efficient examination were the right confined exclusively to himself4 ,curtesy4--,a husband acquires an interest or estate in land belonging to his wife after her death4 ,to be entitled to it1 there must be a legal marriage4 ,even though it be unlawful1 if not set aside during her life1 his interest in her estate cannot be defeated by afterwards declaring the marriage void4 ,curtesy does not extend to land nominally held by her1 or as trustee4 ,the wife must have had a child who might have inherited the estate4 ,it is immaterial whether she acquired her estate before or after the birth of the child4 ,as soon therefore as a child is born1 his estate or interest begins and is perfected or consummated by her death1 and may be taken at any time afterward for his debts4 ,what may be the effect of a divorce is not well settled4 ,in some states even though he is an innocent party1 he forfeits his estate4 ,this rule is founded on the idea that he is a voluntary party1 and therefore need not have one2 in other states his interest continues4 ,as the husband's rights to such an estate have been abolished in many states1 we refrain from adding more principles4 ,deceit4--,a seller is not liable for deceit when the knowledge1 or way of obtaining it1 is equally known by both parties4 ,if one goes into a store to buy a bushel of apples that he has seen by the door and inquires the price and pays for them without making any inquiry concerning their quality1 he cannot recover his money if half of them prove to be rotten unless the seller intentionally deceived him1 for he might have inquired whether they were all like those on top and of good quality4 ,but if the merchant should put fine ones on top in order to deceive a purchaser1 he could recover for his loss4 ,this rule has a wide application4 ,suppose a seller keeps his store dimly lighted intentionally so that the inferior quality of his goods cannot be discerned1 and a person should thereby be deceived and injured1 he would have a good cause of action against the seller4 ,suppose a ship was decayed in places1 and these were intentionally so concealed that they could not easily be seen by one who was examining with the intention of purchasing1 and he was thereby misled1 the seller would be liable for the loss to the purchaser4 ,of course1 the prudent course is to obtain a warranty1 or better still1 whenever practicable1 buy of one who has established a reputation for honest1 fair dealing4 ,suppose a man purchases a piece of land1 generally supposed to be an ordinary farm1 which contains1 as he knows1 a valuable coal mine1 can the seller after the public knowledge of the mine1 recover the land or a larger purchase price therefor8 ,has the purchaser deceived him8 ,did the law require the purchaser to make known his superior knowledge before purchasing8 ,no1 if it did1 there would be no end to the confusion to which such a rule would lead4 ,it is within ordinary experience that purchasers buy either knowing or supposing they will reap advantages from their contracts of which the seller is ignorant4 ,there is no deception in this2 but there is in withholding knowledge from the buyer of the quality or condition of a thing that affects its value1 and which if known by him would probably prevent him from purchasing4 ,suppose a horse is blind in one eye and the prudent horse trader says nothing4 ,can the buyer recover8 ,ordinarily he could not1 for he ought to have looked1 and if he did not know enough to look1 either he should have obtained a warranty1 or have employed a competent agent to purchase for him4 ,suppose the old trader1 skilled in his business1 intentionally put his horse in the shadow so that the defective eye could not be seen1 then the seller would surely have his remedy against him4 ,if he put his horse there accidentally he would not4 ,is a wink a deception for which the winker must answer in the law8 ,a hardened dealer once went near a large meeting of men with a wagon load of bottles containing cold tea4 ,the thirsty crowd soon came around4 ,one dollar a piece1 he announced with a wink4 ,the wink was effective and the bottles were quickly sold4 ,they were filled with cold tea1 and the buyers sued for the deceit that had been practiced on them4 ,they failed1 the court said that a wink was not enough4 ,another court might have decided otherwise4 ,deeds4--,in selling and buying land several deeds are in use4 ,the forms differ considerably in the different states4 ,the most important of them is called a warranty deed1 in which the seller not only conveys the title1 but warrants or agrees to defend it against all attacks4 ,suppose ,a sells a piece of land by warranty deed to ,b1 who makes the unwelcome discovery that a mortgage is existing thereon4 ,he notifies ,a and asks him to clear the title4 ,suppose the mortgage has been paid1 but the lender of the money1 the mortgagee1 forgot to give the proper deed to show that he had received payment4 ,and suppose he was an ugly fellow who would not give the proper release4 ,b could compel him to do so1 and the expense must be borne by ,a because his deed of warranty required him to give a clear title4 ,in such a deed the grantor or seller agrees or covenants to do usually four or more specific things3 first1 he asserts that he has a right to convey the land at the time of the sale4 ,of course1 if he has not1 the agreement or covenant is at once broken and the buyer can proceed against him to make the title good1 or to recover damages if he cannot retain the premises4 ,the second covenant or agreement is to the effect that the seller has both the quantity and quality of land mentioned in the deed4 ,the third covenant is that there are no encumbrances on the land1 that is1 no mortgages1 no rights of others to pass over it1 or to take earth1 water or other things from the land4 ,the fourth covenant is for the quiet enjoyment of the land1 which is the most general form of warranty4 ,there may be other covenants1 often there are1 while the four mentioned may be1 and often are1 modified4 ,does such a warranty bind other persons than the warrantor1 in other words are his heirs and persons to whom he may devise his lands also indefinitely bound by his warranty8 ,the statutes in some states fix his liability4 ,where none exist the law limits the liability of parties to the amount of assets or property they have received from the warrantor2 if they have received nothing they are not liable for anything4 ,a covenant to protect the buyer from encumbrances1 claims1 etc41 does not always relieve him from the expense of a lawsuit4 ,suppose ,a claims a right of way over ,b's land and insists on using it4 ,b brings his action of trespass against him and wins4 ,he cannot sue his grantor or seller to recover the expense of the suit1 for the latter would reply1 ,you have won your case which is proof that the title is good as warranted1 and therefore you have no claim against me4 ,if1 on the other hand1 ,a had won his case ,b would then have a good cause of action against his covenantor4 ,another kind of deed used in selling land is called an indenture4 ,this is signed by all the parties1 and copies are usually made and delivered to all of them4 ,this deed also contains warrants or covenants like the one first described4 ,another kind of deed is called a release or quit-claim4 ,by this the grantor or party giving it conveys whatever interest he may have in the land4 ,it is the deed always given by a mortgagee on the payment or discharge of his mortgage4 ,it contains no warrants to do anything and therefore differs from a deed of warranty4 ,sometimes a person conveys a piece of land knowing that the title is defective which the purchaser1 notwithstanding the defect1 is willing to buy4 ,the seller may safely give a quit-claim deed for he thereby sells only whatever interest he may have4 ,all the deeds above mentioned except an indenture1 are signed only by the selling or granting party4 ,they become effective by delivery4 ,they are often called poll deeds4 ,every grantor must append to his name a seal4 ,once a seal was of the utmost importance in the days of ignorance when persons knew not how to write and each person had a seal of his own4 ,as distinctive seals have long since disappeared1 seals have less significance than formerly1 nevertheless many legal rules are founded on the distinction between sealed and unsealed instruments4 ,thus two written contracts may be exact duplicates except that one of them may have no seal4 ,the law in most states regards the unsealed one as a mere oral or unwritten contract1 to which are applied the same rules of evidence4 ,the use of ,l4,s41 enclosed in brackets1 thus ,l4,s4 is just as effective as a seal of wax or a wafer4 ,in many states a corporation need not use its corporate seal1 any other may be substituted4 ,the federal rule especially requires the use of the corporate seal and that it be affixed by someone who was properly authorized to do this4 ,by statute the names of two witnesses are required1 and when omitted the deed is not only defective1 but in some states at least is void4 ,a witness need not write his name in the grantor's presence1 if asked to sign in the proper place as a witness this will suffice4 ,a lease of land is also a deed differing from those mentioned in conveying the use of land for a fixed period and on varying terms4 ,a deed should be completed before delivering it1 the same rule applies to most legal writings4 ,unimportant alterations may be made1 and if any are made1 the question may prove difficult1 are they important or not4 ,of course if both parties agree to them1 the validity of the deed is not impaired4 ,whenever they do appear1 in some states the law presumes they were made before delivering the deed1 but this is not the rule everywhere4 ,who can make or execute a deed8 ,a minor cannot make a legal deed1 and if he attempts to do so he can avoid or set it aside after he becomes of age whenever he acts with reasonable promptitude4 ,if he does not thus act1 his delay will be regarded as a ratifying of his previous action4 ,what action will have this effect is a fact to be proved whenever the controversy arises4 ,usually a deed need not be read to the grantee1 nor can he avoid it because he did not know the contents1 except when fraud has been practised on him4 ,to a blind or ignorant man a different rule applies4 ,the deed should be read to him1 and if this is not done1 or if it is wrongly read to him1 he can have it set aside in a proper legal proceeding4 ,delivery is essential2 to do this two things are required4 ,the grantor must give up the deed and the grantee must actually accept it1 consequently the delivery of a deed after the grantor's death would not be valid4 ,there must be an actual delivery by him1 and though a deed may be completed in every other respect1 it is not an effective deed4 ,a deed therefore stolen from one's drawer and delivered to the grantee would not be valid1 however innocent the grantee might be in receiving it4 ,many difficulties have arisen in applying this rule4 ,when the question comes before a court1 it seeks after the intention of the parties1 and is guided by it when ascertained4 ,if therefore a deed were lying on a table and the grantor should say to the grantee1 take it1 and he did so1 the delivery would be complete2 but if he should get it in a surreptitious way there would be no legal delivery4 ,suppose a deed were mailed to the grantee1 or handed to another person to deliver to the grantee1 this would be a good delivery4 ,as soon as the deed has been delivered1 it should be taken to the recorder's office to be recorded4 ,every state has offices in the towns or counties for keeping a perfect copy of all deeds relating to the transfer of the lands within the limits of the town or county4 ,the object of this is to protect purchasers1 for1 if this were not done1 the owner of land might sell it to a purchaser a second time who knew nothing of the previous sale1 and then someone would be the loser4 ,to guard against such frauds the system of registration was established at an early day in ,american history4 ,a purchaser therefore should take his deed at once to the proper recording office for record1 and this is regarded as notice to the world from the time of delivering the deed to the recorder1 who makes a note thereon of the day and hour it was left with him4 ,suppose that some creditor of the grantor1 not knowing of the sale1 should attach the land as the property of the grantor to secure a debt due to him1 could he hold it as against the purchaser8 ,ordinarily the purchaser could still retain the land1 and the same rule would apply between him and a second purchaser1 though buying in good faith supposing the grantor was the real owner4 ,in some states a statute protects the purchaser by giving him a fixed period of two or three months or more to record his deed4 ,the safe rule is to leave the deed with the recorder as soon as possible after receiving it4 ,it is a general practice to do another thing with deeds1 to make or take an acknowledgment of them1 and in some states this must be done before they can be recorded4 ,this consists on the part of the grantor going before a proper officer1 often a notary public1 justice of the peace1 clerk of a court of record1 commissioner of deeds1 and making oath that he has duly executed the above deed4 ,this oath appears in the form of a certificate at the bottom of the deed or appended thereto and is signed by the officer1 who also attaches his official seal4 ,when a deed has thus been acknowledged it can be used in a legal proceeding as evidence without requiring further proof of its execution4 ,but if it had not been acknowledged1 then a court would require some proof that the deed had been made and delivered before accepting it as proof of the fact4 ,when a married woman executes a deed the officer who took the acknowledgment of the deed must make an examination1 apart from her husband1 to ascertain whether or no her act was voluntary1 and he must also record the fact4 ,the acknowledgment should be made after the examination4 ,a defective acknowledgment by a married woman is worthless1 nor will any court compel her to make another one4 ,should she make another deed1 however1 with a proper acknowledgment this would be legal4 ,the officials who take acknowledgments possess different authority1 some can take them only of land situated in their respective states2 others have authority to take acknowledgments of deeds of land in every state4 ,in all the states are commissioners of deeds1 so called1 who are authorized to act outside their own state4 ,some persons who have an important conveyancing business have qualified themselves to thus act as commissioners for many states1 and perform a highly useful service4 ,if a mistake has been made in a deed can it be corrected8 ,the general rule is it can be amended in all cases of fraud1 accident1 or mistake4 ,how can this be done8 ,if the grantor is unwilling to do right1 the purchaser can by a proper application to a court1 or court of equity1 ask for the correction of the deed or such other relief as justice requires4 ,suppose the grantor has declared in his deed that the land contains a hundred acres and a survey finds only fifty4 ,this would be a palpable fraud and a court would1 if requested1 order the reconveyance of the land and return of the money4 ,suppose the deed covered no land at all belonging to the grantor1 this would be a still greater fraud4 ,suppose the deed said one hundred acres more or less1 and a survey found only fifty acres4 ,the purchaser bought supposing that there was no such deficit1 but perhaps a small one1 what would a court do8 ,doubtless it would hold that the grantor tried to deceive the other party and would grant relief4 ,the land sold must be bounded or described4 ,as land is increasing everywhere in value more pains is taken in describing it1 than formerly4 ,large tracts have been surveyed by the government and are indicated as sections1 quarter sections1 yet even these boundaries are sometimes imperfect1 caused by incorrect surveys1 whereby lands overlap1 or otherwise have defective boundaries4 ,one of the well-known rules is1 monuments control corners and distances4 ,this is founded on much experience1 for this shows that courses differ from variations in the compass1 changes in the surface1 etc4 ,though monuments may be moved intentionally or by natural causes1 they can be more trusted in the long run of things4 ,the location of a monument is a question of fact4 ,it is sometimes said that natural monuments possess higher value than artificial ones1 this depends on the character of the artificial one4 ,a large stone set in a secure place surely is a better boundary than a wayward stream whose course is changed by every freshet4 ,in marking the public lands of the western territories by statute monuments must designate the corners of the tract4 ,but when these are lost then corners and distances become the guide4 ,oral evidence may be admitted to establish the location of monuments1 and even hearsay evidence may be used for the purpose4 ,in a city lot courses and distances play a larger part in fixing the boundaries1 and are more carefully defined4 ,often the boundary is to the center of a dividing wall4 ,the boundary of land by a non-navigable stream is to the center2 and if one owns on both sides of such a stream he is the owner also of the bed4 ,but if land is bounded by the bank or shore of a stream1 or by other words of clearly evident exclusion1 the stream is excluded4 ,the rule is different that applies to a tidal navigable stream4 ,in some states the boundary is high-water mark2 in other states low-water4 ,in both cases the riparian owner1 so-called1 may erect a wharf extending from his land subject to public control4 ,the boundary of a natural pond or lake1 either in its natural state or raised artificially1 is low-water mark4 ,nor is the law changed by the conversion of a fresh water pond into a salt pond by the hand of man4 ,the boundary to an artificial pond is through the center4 ,the title to the bed of all lakes1 ponds1 and navigable rivers to the ordinary high-water mark is vested in the states4 ,thus the people who live around them may enjoy the waters the same as others enjoy tidal waters4 ,nor is the state title affected by any manipulation of the land above the surface of the water4 ,the same rules of law apply to land situated along public highways4 ,if a deed should bound the land by or along a highway1 it would include the land to the center2 only words of clearly intending exclusion have a different effect4 ,if a deed should say by the side of a highway1 it might be excluded and it might not1 the courts do not agree4 ,all agree that the intention of the parties should govern1 but differ as to intention expressed in the words they have used4 ,the law is full of such difficulties4 ,if a highway is abandoned1 the adjoining owners can extend their lines to the center1 unless one of them can prove that he is entitled to more than one half4 ,in investigating the title to real estate it is the duty of an attorney employed for that purpose1 says ,justice ,trenchard1 to make a painstaking examination of the records and to report all facts relating to the title4 ,he is1 therefore1 liable for any injury that may result to his client from negligence in the performance of his duties--that is1 from a failure to exercise ordinary care and skill in discovering in the records and reporting all the deeds1 mortgages1 judgments1 etc41 that affect the title in respect to which he is employed4 ,divisional ,tree4--,when the base of a tree is wholly on the land of one owner the whole tree belongs to him4 ,an adjoining owner1 however1 may cut off at the divisional line such branches as over-hang his land without notice and without reference to the length of time they have been growing4 ,to do this he cannot go on the land of his neighbor1 but must stay on his own land4 ,a different rule applies to a tree that stands on a divisional line and both owners have an interest therein4 ,dower4--,dower is the interest that a wife has in her husband's land after his death1 and consists1 unless modified by statute1 of the use of one third during her life4 ,while both live her interest is so secured to her by law that he cannot sell and convey any of his land unless she unites with him in signing a proper deed of conveyance4 ,in most states this interest or dower is paramount to the claims of her husband's creditors4 ,but if there is any lien on the land at the time of his death1 like a mortgage1 she cannot claim a preference or priority over the mortgagee4 ,she can claim her dower in any land belonging to her husband which her children1 if she had any1 could have inherited as the heirs of their father4 ,when her dower is in mortgaged land1 she cannot get possession until the mortgage has been paid4 ,again1 where land1 wherein she has a dower interest1 must be sold1 her right to the proceeds follows the sale4 ,if her husband was not in possession of the land claimed by him before and after marriage1 her dower will not become effective until gaining possession4 ,if he were only the nominal and not the real possessor1 her dower will not attach to the land1 nor if he were in possession as trustee1 the real ownership belonging to another4 ,a legal marriage is necessary to sustain a dower estate4 ,whenever a marriage can be set aside for some illegality1 and is not1 it will sustain her dower on his death4 ,so1 too1 her dower may be lost or barred by a legal separation2 if she should re-marry1 or the divorce is set aside1 her dower would revive4 ,her dower may also be lost should her husband legally part with his estate1 or by any legal proceeding it should be taken away from him2 thus1 should another claim it and prove that he had the better title4 ,in other words she loses her dower whenever her husband has no estate from which her dower can be carved out4 ,it is true that an adverse claimant cannot give any title to her husband's land that would bar her right thereto4 ,the reason for this rule is that1 like a minor1 her rights cannot be acquired against one who is unable by reason of age or other infirmity to protect himself4 ,the wife is entitled to have dower assigned to her immediately after her husband's death4 ,until this is done1 she has the right of common law for the period of forty days1 called quarantine1 to reside in her husband's house1 provided she does not marry during that time4 ,dower may be assigned to her in two ways4 ,one way is by direction of the court1 which ascertains by proper evidence the extent1 location and value of the husband's lands1 and then directs the sheriff to carry out its order in assigning to her a specific portion for her use during life4 ,the other way is by agreement4 ,in some states money is assigned to her instead of land as dower4 ,dower may be barred by agreement made before marriage4 ,these arrangements1 marriage settlements1 are becoming more frequent with the increase of wealth and complexities respecting the holding of property4 ,sometimes a testator provides for his widow in lieu of dower4 ,in such a case she may accept the gift1 or reject it and claim her dower rights4 ,suppose a testator should own a large amount of land1 and in his will should give her only a small amount of money in lieu of dower4 ,if eager to get the most possible1 she would reject the gift of money and claim her dower rights4 ,on the other hand1 suppose he had but very little or no real estate1 then she doubtless would accept the money gift1 unless she could claim a still larger sum by virtue of some statute made to fit such cases4 ,dower does not exist in crops or trees severed from the land1 but does exist in mines and quarries belonging to the husband which were opened and worked during his life4 ,if lands have been exchanged by the husband1 she can elect in which she shall take her dower1 but not in both4 ,there can be no dower in a mere personal privilege1 or in a revocable license pertaining to land4 ,the widow of a partner is ordinarily entitled to dower in so much of the partnership land as is left after the payment of the firm's debts and the adjustment of matters between the partners4 ,but if an agreement among them that the land shall be considered as personal property for all purposes1 then no dower therein can be claimed by the widow of any partner4 ,a wife can release her inchoate dower or future expectation of receiving it by joining in a conveyance with her husband for that purpose4 ,in order to make the election binding1 it must be made with full knowledge on the widow's part of her husband's estate1 and the relative value of her dower interest4 ,the election is personal1 and cannot be exercised by her representatives after her death1 nor by creditors2 and if insane1 this cannot be done by any committee or guardian acting under the authority of a court4 ,an absolute divorce1 even though for the husband's fault1 divests the wife of dower1 unless her right is saved by statute4 ,quite frequently1 the statute provides that there shall be no dower in case of divorce for the wife's fault4 ,occasionally it is provided by statute that divorce for the husband's fault shall not bar dower2 and sometimes a statute requires dower to be assigned immediately upon divorce without awaiting the husband's death4 ,it may be added that the principles of the common law relating to dower have been largely modified by statute in all the states4 ,drunkenness4--,the courts are reluctant to recognize intoxication as an excuse either for committing a crime or for repudiating a contract1 but if from long continued intemperate habits a man has become actually insane or incompetent1 his actual mental condition will be recognized whatever may have produced it4 ,again1 in making a contract the other party could hardly deal with a man badly intoxicated without knowing his condition1 consequently the element of fraud appears1 and the contract may be declared invalid either for lack of contracting capacity on the part of the drunken man1 or for fraud on the part of the other in taking advantage of his condition4 ,his fraud would be still greater if he had designedly caused the drunkenness of the other4 ,either objection1 however1 renders the contract voidable rather than void1 and should an intoxicated party1 after he became sober ratify his contract1 or fail to repudiate it and restore the consideration1 if any1 within a reasonable time1 he would become bound4 ,the courts are still more reluctant to admit intoxication as an excuse for criminal acts4 ,the courts hold that one who voluntarily deprives himself of self-control must have intended the consequences1 therefore it is everywhere held that one who voluntarily becomes intoxicated1 although he did so with no purpose to commit a crime when intoxicated1 cannot claim immunity from criminal responsibility1 or even a mitigation of the penalty1 though having no capacity to distinguish between right and wrong4 ,and yet1 like so many legal rules1 there are some marked exceptions to this one4 ,thus1 since burglary is the entering of a house with the intent to commit a felony therein1 one who blunders into a strange house because he is too drunk to know where he is or what he is doing has not committed the crime of burglary4 ,so one who carried off the property of another through drunken ignorance does not commit larceny1 as there is no intent in such a case to convert the property to the taker's own use4 ,another application has been made in cases of assault with intent to kill a person4 ,again1 says ,peck1 if one is visibly intoxicated1 it is the duty of those who come in contact with him to take his condition into account1 and their use of due care will be judged in view of that fact4 ,even if the drunken person and the other are both negligent1 the sober party may be liable under the doctrine of the last clear chance1 if he fails to exercise toward the drunken man the degree of care which is evidently required to avoid injuring him4 ,especially is a common carrier1 in dealing with a passenger who is on its car in an intoxicated condition1 bound to take his helpless condition into account in removing him from the car or otherwise handling him1 and not put him in a place of manifest danger to one in his condition4 ,it has also been held that the intoxication of one who uttered a slander may be admissible in mitigation of the damages1 as utterances of a drunken man could not seriously impair the reputation of any one4 ,equitable ,remedies4--,elsewhere we have told how courts of law differ from courts of equity4 ,in some states no separate courts exist1 and wherever legal proceedings are established by a code or system of statute law1 the form of complaint addressed to a court is quite the same in an equity case as in any other4 ,but in states where code practice has not been established1 the mode of setting forth one's grievance or wrong is by a bill or petition1 ending with a prayer for relief4 ,we will now briefly state some of the things for which relief in equity may be sought4 ,one of the most common things is to compel persons who refuse to perform their contracts to execute them4 ,suppose one has agreed in writing properly signed to sell his farm to another1 but is unwilling to give him a deed4 ,it may be that he can get more for his farm1 or he has made the discovery since selling it that it is worth much more1 is underlaid with coal or oil1 or that a railway is soon to be built near it that will enhance its value4 ,if he went to a law court1 all that it could do would be to compel the seller to give the purchaser such damages as he could prove he had sustained from the seller's failure to execute his agreement4 ,but a court of equity can go further and compel the seller to give the purchaser a proper deed1 the kind of deed mentioned in the agreement2 or1 if none was specified1 the kind of deed usually given in such cases4 ,this remedy cannot be always sought whenever the seller fails to execute his contracts4 ,the important limitation is1 when the law has an adequate remedy1 and the injured person has no need of resorting to a court of equity4 ,all the ordinary agricultural and manufactured products fall within this class1 cotton1 cattle1 lumber1 fruits1 stock in trade and the like4 ,but if a chattel has a sentimental value to the purchaser1 a court of equity will decree that it must be delivered to him1 because in such a case the damages would obviously be inadequate4 ,the same rule applies to all articles of a unique or rare value that cannot be duplicated2 also to patented or copyrighted things that cannot be procured in the open market4 ,suppose one has purchased the stock of a bank or railroad company1 which the seller refuses to deliver1 has the buyer a legal remedy for damages1 or an equitable remedy to compel the seller to deliver the stock1 or has he the choice of remedies8 ,the courts have divided on this question4 ,the better rule is1 if the stock can be readily bought in the open market1 the buyer has only a law remedy to recover damages from the seller's failure to execute his contract2 if the stock cannot be thus purchased1 a money damage is not an adequate remedy1 the purchaser wants the stock and he can1 through a court of equity1 compel the seller to deliver it to him4 ,as government bonds can always be bought in the open market1 a court of equity will not decree the specific execution of a contract for the delivery of the actual bonds purchased4 ,if ,a has agreed to erect a building for ,b on his land and fails to do it1 money damages are usually an adequate remedy1 but if ,b cannot find any one else to do the work as well1 or in as satisfactory manner1 then a court of equity would compel ,a to fulfil his agreement4 ,likewise if a landlord has agreed to repair his tenant's premises and neglects1 the legal remedy is usually more satisfactory than a specific execution of the agreement1 because work done under compulsion is not likely to be as well done as that done voluntarily4 ,a contract to render personal services will not be enforced against a person who has agreed to perform them1 for several reasons1 one is that another person can be employed1 another is that the thirteenth amendment to the federal constitution1 forbidding involuntary servitude1 cuts off the equitable remedy in such cases2 of course the legal remedy for damages is still effective4 ,a contract to give a mortgage to secure a loan of money may be enforced by the creditor1 but a contract to lend money cannot be enforced by either party1 because there is usually an open market for the lending and borrowing of money4 ,likewise a contract to form a partnership cannot be enforced1 for1 if it were1 the unwilling partner could dissolve it and thus nullify the action of the court4 ,where one sells out his business1 whether commercial or professional1 and agrees not to compete with the buyer1 equity will compel the seller to observe his contract unless it was illegal or an unreasonable restraint on trade4 ,this limitation is important4 ,thus ,a1 a dentist in ,philadelphia1 agreed with ,b1 another dentist1 not to practice in the city for ten years a certain method of extracting teeth4 ,a continued to practice as before and ,b applied to a court of equity to enjoin him4 ,he failed for the reason that no one ought to have a monopoly1 so the court said1 in any means or method for relieving human suffering1 like the process in dispute4 ,if an employee agrees not to divulge the trade secrets of his employer1 equity will enforce the agreement1 for damages given in a law court would be wholly inadequate4 ,another class of cases must be mentioned relating to injuries to land4 ,by the common law the only relief a landowner had against one who injured it in any way was an action of waste to recover money damages4 ,a court of equity has power to issue a command to the person who threatens or attempts to commit injury ordering and directing him to desist from his purpose4 ,this has been often used by the owners of land against their tenants who attempted to do things that would materially injure the property4 ,this remedy is now often used to secure the owner and occupier of land in its proper use against those who attempt to commit a nuisance4 ,while the occupier could recover damages if he sought the aid of a law court1 equity will order the wrongdoer to abate the nuisance4 ,such a remedy is much more effective than the legal one1 because damages that may be recovered relate only to a past offense1 while the equitable one prevents it from happening or from its continuance4 ,promises not to do some particular act on a piece of land are often made in deeds conveying them2 they are called covenants4 ,equity will usually enforce these covenants1 and will compel the wrongdoer to undo what he has done provided that relief is sought promptly4 ,thus if a purchaser agrees not to build nearer the street than a stated line1 he can be enjoined from disregarding it4 ,a purchaser therefore who built two houses three feet beyond the agreed line was compelled to remove them4 ,the remedy in such a case is an injunction4 ,it may be temporary or permanent4 ,quite often when one applies for an injunction1 if the injury threatened is immediate1 the court will immediately enjoin the party from proceeding and fix a time for a future hearing to decide whether the injunction shall be dissolved or made permanent4 ,the time fixed for such a hearing is within the discretion of the court1 and depends on the nature of the case4 ,usually the time is quite short1 enough to enable the parties to collect the evidence relating to the controversy4 ,the hearing is conducted very much like any other trial1 witnesses appear1 all the evidence is given1 and is reviewed by contending counsel1 after which the judge announces his decision4 ,some of the more noteworthy injunctions of recent days have been rendered against labor unions or their members who1 having struck for higher wages1 or other ends1 have sought to picket the works of their employers and thus prevent them from employing other workers to take the places of the strikers4 ,the unions contend that this is an improper use of the judicial power1 whether it is or not no one will deny that it has been long exercised4 ,in the early days of administering the patent law injunctions were granted against infringers4 ,judges soon grew more cautious when they learned that patents were sometimes erroneously granted1 and that1 on acquiring a fuller knowledge of the controversy1 there had been no infringement4 ,the modern practice therefore is1 unless the proof is very clear1 to require a party who applies for an injunction to try his case first and establish his patent and then1 if it has been infringed1 an injunction will be issued4 ,factor4--,a factor receives and sells goods for a commission1 is usually entrusted with their possession1 and sells them in his own name4 ,he has a special interest or property in them1 and a lien thereon for advances in money that he may make to the owners4 ,no formal mode of authorizing him to act is required1 usually this is done by word only1 and his authorized acts may be ratified by his principal4 ,this authority is largely the outgrowth of usage4 ,the authority of a factor to fix the terms of selling may be by agreement or by usage1 like any other agent4 ,limitations fixed by the principal are ordinarily binding on the factor1 and1 so far as they are chargeable with notice of them1 third persons also4 ,where goods are confided to a factor without instructions1 authority to exercise a fair and reasonable discretion is implied4 ,unless restricted by his principal1 or by contrary usage1 he may sell goods on a reasonable term of credit4 ,if he is restricted to cash sales only1 or is not protected by usage in selling on credit1 he cannot do so4 ,secret instructions would not affect the rights of a purchaser ignorant of them and relying on customary authority4 ,a factor is employed to sell goods1 and not to barter or exchange them1 and if he should do this his principal could recover them4 ,he may insure the goods1 but is not required to do so unless instructed or is required by usage1 which plays a large part in this matter and must be observed except as qualified by instructions4 ,he cannot compound or compromise a claim for the purchase price1 or discharge the debt on payment of a part only1 or submit a disputed claim for arbitration1 or rescind a sale1 or discharge a purchaser from any part of his obligation1 or extend the time of payment1 or make1 accept or indorse negotiable paper contrary to instructions or usage1 or sell the goods thus entrusted to him for sale to himself4 ,see ,agency4 ,fire ,insurance4--,insurance against loss by fire is now effected in companies organized for that purpose4 ,two kinds exist1 stock and mutual4 ,in mutual companies the persons insured act together to insure each other4 ,the members of some of the largest mutual companies are manufacturing corporations4 ,the more general mode of conducting them is to require each member to pay a premium in advance for the amount insured which1 unless unusual losses occur1 will be enough to pay all the losses for the year4 ,if it is not all needed1 the balance is returned to the parties who paid the premiums1 or is credited to them for the following year4 ,if the losses exceed the premiums thus paid in advance1 then an assessment is made on each member to cover the deficiency4 ,generally the premium paid is more than enough to cover the losses1 and a balance is returned or credited to the insured as above mentioned4 ,as mutual companies do not take such risks as stock companies1 the cost of insurance is less and therefore is carried in preference to insurance in stock companies1 whenever it can be obtained4 ,there is another way for paying for losses in mutual companies4 ,instead of paying cash premiums in advance1 the insured gives a bond or note well secured that he will pay in cash whenever a call is made on him to cover the losses that have been incurred at the end of the year or other period4 ,this method is in vogue in some sections1 because still less money is required to keep property insured4 ,of course besides the money to pay losses another sum is required to pay the expense of management4 ,it will be seen that the mutual plan is purely for protection against loss and no profit in the way of dividends is forthcoming1 for the companies have no capital4 ,it is true that some companies1 instead of returning the unexpended premiums for losses retain them or a part of them and by so doing accumulate a surplus4 ,many companies1 however1 return all the contributions not expended for management or losses and have no surplus1 or only a very small one4 ,stock insurance companies proceed on a different principle4 ,they are organized to make money1 a capital is subscribed1 the rates of insurance or premiums are fixed and after paying the expense of management and loss1 the balance is paid to the stockholders in the way of dividends4 ,the business is one of unusual hazard1 and only a rich person1 who can afford to lose his money1 ought to invest in the stock of such companies4 ,their profits and losses vary greatly from year to year2 and failures have been frequent4 ,nevertheless some companies have a fine record1 enough to tempt them to continue notwithstanding their trying reverses4 ,as the contract of insurance is for an indemnity1 the insured must have some interest in the property insured1 otherwise the contract is a mere wager1 which the law condemns4 ,moreover the interest must continue and exist at the time of the loss4 ,who1 therefore1 has an insurable interest8 ,a bailee1 a carrier of goods1 a consignee who has authority to sell them1 a factor1 pledgee1 warehouseman1 an assignee for the benefit of creditors1 an executor or administrator1 an attachment creditor1 but not a general creditor1 a landlord1 tenant1 mortgagee of real or personal property1 a lienor1 for example1 the holder of a mechanic's lien1 a receiver1 residuary legatee or devisee1 a trustee1 vendees and vendors of real and personal property1 the owner of stock in a corporation1 any agent who has the care and management of his principal's property1 besides many others4 ,but a fire insurance policy may be assigned as collateral security with the company's consent1 and continue valid though the assignee has no interest in the property4 ,this rule therefore is fundamental1 and if the interest of the insured in the property has been extinguished after making his contract and prior to its loss by fire1 he can get nothing from the company4 ,likewise the property must have been in existence at the time of making the contract1 if it was not1 the policy is void4 ,many stories are told of insuring ships after learning of their loss2 such conduct is a palpable fraud4 ,an insurance policy is a contract1 of which the policy is evidence4 ,a standard policy has been prescribed in several states by statute3 in other states the parties are still free to make such terms as they please4 ,it is usual for companies to execute blank policies in due form to be filled out and delivered by their agents4 ,such policies are not valid until countersigned1 unless the countersigning is waived4 ,when does the policy become valid or binding on the insured8 ,says a competent authority3 ,where a policy has been duly executed in compliance with an application on the part of the insured1 so that the minds of the parties have fully met as to the terms and conditions of the contract1 a manual delivery of the policy to the insured is not essential to render it binding on the company4 ,if the contract has become binding by the issuance of the policy and the placing it in the hands of an agent for delivery1 then the fact that such delivery is not actually made to the insured until after the loss has occurred1 will not defeat recovery by the insured4 ,the premium usually must be paid at the time of issuing the policy1 unless a different agreement is made concerning it4 ,credit may be given1 and an agent generally has authority to do this4 ,a valid payment may also be made in other means than money2 a check or note may be given for it4 ,an insurance policy may be assigned1 though it usually contains a clause that the consent of the insurer is needful4 ,when the policy contains this clause and the insurer without valid reason refuses to consent to an assignment1 the assignee acquires the same right as though consent had been given4 ,consent to an assignment may be given by the president of the company1 without formal vote by the directors4 ,it may also be given by the secretary or by any other agent duly authorized4 ,when can a policy be canceled8 ,unless this right is reserved in the contract1 or given by statute1 the insurer cannot cancel the contract without the consent of the insured4 ,it often is reserved1 and if exercised1 this must be done before a loss occurs1 and a cancellation made afterwards1 though without knowledge of it1 is void4 ,the motive for making it is not important4 ,if1 as a condition of cancellation1 the unearned portion of the premium is to be returned1 the failure to return it renders the cancellation worthless4 ,nor is this effective until notice has been given to the insured4 ,a court of equity will reform a contract of insurance on the ground of accident1 fraud1 and mistake4 ,oral evidence is admissible to prove the fraud or mistake2 it must1 however1 be clear before a court will grant relief4 ,if mistake is the ground for asking relief1 the insured must not have been guilty in causing it1 and must act promptly after his discovery4 ,this rule does not prevent him from seeking relief when the agent of the insurer has been negligent4 ,furthermore it may be granted even after the happening of a loss4 ,should there be a conflict between the written and printed portions of a policy1 the written portion will be presumed to represent the intent of the parties4 ,if1 therefore1 the printed portion excludes certain articles from the risk1 and the written portion covers them1 they are included4 ,conditions also written or printed on the margin or back of the policy are regarded as portions of it1 and these too will control the printed portions4 ,besides1 the written application is usually considered a part of the contract and the policy is construed or interpreted in connection with it4 ,this is especially so where the proposals and conditions are attached to the policy4 ,if the intent of the policy is not clear from the language used1 the surrounding circumstances may be shown for the purpose of ascertaining the intent of the parties4 ,the known usage of trade may also be taken into account in construing the language of a policy4 ,the language of the policy should be so construed as to cover the property within the intention of the parties1 and support1 if possible1 the contract of indemnity4 ,mere clerical errors or mistakes in describing it may be corrected even after it has been destroyed4 ,the location is an essential element1 and the policy will not be stretched to cover property not within the description4 ,if a building is described this does not include separate structures used in connection with it1 nor fixtures constituting no part of the structure4 ,unless expressly excepted1 however1 insurance covers those things which have been so annexed as to become a part of the realty but none others4 ,the term store fixtures covers fittings1 fixtures1 furniture used in the course of trade1 whether they are part of the realty or not4 ,likewise the term stock used in a mercantile business includes everything usually kept for sale1 in that business1 but nothing more2 while household furniture includes all articles necessary and convenient for housekeeping4 ,with respect to future additions these are covered by the policy unless it is so drawn as to show a clear intent to exclude them4 ,the risk usually begins with the date of the policy1 unless it is effected by a preliminary contract4 ,in such a case the risk begins from the date of the preliminary contract1 and continues for the period fixed in the policy1 or1 if none has been fixed1 for a reasonable time4 ,a misrepresentation voids a policy generally4 ,it must not only be false in fact1 but the insured must have known that it was false when making it in a substantial and material respect4 ,the misstatement of an agent of the insured will have the same effect4 ,indeed1 any fraud of the insured in procuring the policy has the effect of voiding it if the insurer chooses to do so4 ,of course1 the wrongful facts or acts of the insured possess a varied character4 ,his conduct in concealing facts that ought to have been made known to the insurer may have that effect4 ,thus to conceal a fact of which the insured had knowledge1 and which1 if known by the insurer the risk probably would not have been taken1 is a fraud rightly available to the insurer4 ,the parties to an insurance contract may agree that the questions put by the insurer and the answers given by the insured shall become a warranty4 ,this1 as experience has shown1 is a simpler way of effecting a policy of insurance4 ,when this is done a misrepresentation constitutes a breach of warranty and the contract becomes void4 ,the modern policy provides that it shall be void if the insured now has or shall hereafter make or procure any other contract of insurance1 whether valid or not1 on property covered in whole or in part by this policy4 ,if the insured effects other insurance he must not forget to obtain consent of the insurer1 and should he forget his good intention will not preserve his policy4 ,nor can the insured protect himself by canceling the prior policy if he breaks the condition4 ,nor does its expiration revive the subsequent policy4 ,an overstatement of existing insurance under an express warranty will also violate the policy4 ,while forgetfulness or good intention will not save the insured in such cases1 insurance obtained by a third person without the knowledge of the insured on the same property will not endanger his rights under his policy4 ,if a fire occurs and a loss results1 this may be total or partial4 ,in every case of loss fire must be the proximate cause of the loss4 ,what loss is covered by a policy has been the subject of frequent controversy4 ,damage by water used to extinguish a fire is usually covered2 also damage to or loss of goods removed to prevent their destruction from fire in the insured or another building4 ,likewise the loss caused by blowing up a building to check a fire1 likewise damage from an explosion which is the direct result of a fire1 but an explosion due to the ignition of a match or spark of an explosive substance1 no fire resulting1 is not within the terms of an ordinary fire policy4 ,the standard policies contain a clause relieving the insured from liability to pay for property stolen during the progress of a fire1 or during the removal of property necessitated by fire4 ,an exception of liability from lightning1 unless followed by fire1 excludes recovery unless there is loss from burning1 but it is quite common to insure against loss from lightning as well as fire4 ,unless there is a stipulation in the policy the insurer is not relieved from liability by mere negligence or carelessness of the insured or his servants though directly contributing to the loss2 on the other hand1 the insured who does not take reasonable care to avoid loss from his negligence or that of his servants may defeat recovery under his policy4 ,this rule is not easy of application1 cases of clearly proved negligence are numerous1 also cases free from negligence1 a third class of a doubtful nature4 ,the field of the law is open in every direction to these4 ,for a total loss the insurer is liable for the entire value of the property to the limit covered by the insurance4 ,thus the loss of a building is total though some of the walls remain standing1 but not when the remnant can be restored4 ,in some states the statutes provide that in case of total loss the insurer shall be liable for the full amount of insurance1 and shall not be allowed to show that the property was of less value than the amount insured4 ,when the loss is partial the insurer is liable only for the amount of the loss1 not exceeding the insurance4 ,the policy may limit the amount of recovery to the cost of restoring or replacing the property1 and in such cases this is often done instead of paying the loss in money4 ,if each of several classes or items is separately valued1 thereby separating the liability for them1 the recovery for any one class or item is limited to the damage to the same4 ,lastly1 in fixing the loss the distinction between open and valued policies must be explained4 ,a fire policy is generally written in such a way that the liability of the insurer depends on the amount of the loss to be determined after the loss has occurred4 ,when this is done1 the valuation of the property in the application for a policy or in the policy1 does not fix the liability of the insurer1 even though the loss be total4 ,this is called an open policy4 ,on the other hand the loss may be fixed by a stipulation in the policy1 and which binds the insurer to pay the whole sum insured in case of total loss4 ,this is called a valued policy4 ,a policy is regarded as an open one1 unless it appears to have been the intention of the parties on a fair and reasonable construction of its terms1 to value the loss and so fix by contract the amount that may be recovered4 ,fixtures4--,a fixture is something annexed to land either temporarily or permanently4 ,different rules apply to persons in different relations4 ,the law favors removal by a tenant presuming that he does not put in things for the landlord's benefit1 unless there is an agreement to that effect between them4 ,on the other hand a different rule applies between the seller and purchaser of real estate4 ,as between them the law presumes that the seller intended to keep the things affixed to the house1 especially ranges and the like4 ,on the other hand a somewhat different rule applies between mortgagor and mortgagee4 ,the former is favored1 but not so much as the tenant4 ,suppose the mortgagor was a nurseryman1 and the land was taken for the debt by the mortgagee1 would it include the trees and shrubs that had been planted for sale8 ,the courts have given an affirmative answer4 ,the facts that are of special value in finding out whether a thing is a fixture or not are3 7#a7 the actual annexation of the article to the realty2 7#b7 the immediate object or purpose of the annexation2 7#c7 the adaptability for permanent or mere temporary use2 7#d7 and whether the article can be removed without material injury to the property to which it is annexed4 ,see ,lease4 ,garage ,keeper4--,the garage has been said to be the modern substitute for the ancient livery stable4 ,a garage man who receives the automobile of another to keep or repair--a service for which the owner is to pay a compensation--is a bailee for hire4 ,while this relation of bailor and bailee exists1 the owner is not ordinarily responsible for the negligence of the garageman or his servants in the care or operation of the automobile4 ,a public garage is not a nuisance4 ,even the storage of gasoline in suitable tanks set down in the earth is not a nuisance4 ,yet the business may become a nuisance when conducted in some localities1 or in an improper manner4 ,the operation of a public garage may therefore be enjoined in a purely residential section within a short distance of large churches1 a parochial school and houses4 ,likewise the odors1 the noise1 and the fire hazard1 which are occasioned by the construction and management of a garage1 create a situation which justifies public regulation4 ,a garage keeper is generally allowed a lien on an automobile for storage and repairs4 ,if no price has been fixed in advance1 the garage keeper is entitled to recover of the owner the reasonable value of the services and materials furnished4 ,when the automobile is brought to the garage by a chauffeur1 the garage keeper should assure himself of the chauffeur's authority to order repairs1 especially those of a permanent nature4 ,the garage keeper when storing a car for another for compensation must exercise reasonable care and prudence4 ,if negligent he is liable for the damage4 ,it is said that the liability of a garage keeper for hire is not affected by reason of the knowledge of the owner as to the place where the property is kept4 ,its acceptance by the garageman imposes on him the duty of exercising due care for its safety and protection4 ,but he is not an insurer of the property2 and therefore is not liable for loss by fire unless he has been negligent4 ,generally1 in such a case the burden of proof is on the owner of the machine to show that the fire was caused by the negligence of the garageman4 ,sometimes one keeps a car for another for accommodation1 receiving no compensation therefor4 ,one who thus serves another is liable only for gross negligence4 ,the garage keeper must protect the property from theft4 ,if he permits a machine to remain in an alley when it ought to have been inside his garage1 he is liable4 ,in one case a motorcyclist left his machine with a garage keeper to be kept over night1 and also gave permission for its inspection by any one whom he might send around4 ,a person appeared with a permit to inspect it who1 under the permission1 stole it and rode away4 ,the garage keeper was rightfully held not liable4 ,if a garage keeper or his servant negligently runs a machine left in his custody for storage or repairs1 the garageman is liable for the damage resulting to the owner4 ,at the expiration of the bailment he must deliver the machine to the owner or person authorized by him to receive it1 and is liable if neglecting or refusing4 ,he is also liable if delaying unreasonably to make repairs1 or for making them unskillfully4 ,lastly1 if the car is driven by the garageman's servant while the bailment continues1 the bailee1 and not the owner1 is responsible for any injury done to a third person by the servant's negligence4 ,of course1 if the driver was acting outside the scope of his authority1 and was using the car for personal purposes1 neither the garageman nor the owner would be responsible for whatever happened4 ,see ,automobile3 ,chauffeur4 ,homestead4--,a legal homestead is the home or residence of a family land owner1 and includes a specific area varying in the several states4 ,by the more general rule the land must be connected in a single piece1 though in some states the pieces may be distinct4 ,though divided by a highway this does not effect a separation1 as the land therein belongs to the owner subject to the public rights to pass and repass and also use to keep the highway in repair4 ,the peculiarity about a homestead is1 it is protected by law from seizure by the owner's creditors4 ,one of the most important questions relating to a homestead is1 the meaning of the head of a family4 ,the term is not limited to a man having a wife and children4 ,it includes an unmarried man with whom his widowed sister and children reside2 or a man who supports his mother2 likewise an unmarried woman with whom the children of a deceased sister are living4 ,nor need they live under the same roof1 the essential thing is the relation and dependence existing between them4 ,on the death of a husband owning a homestead the right survives to the widow1 and usually to the minor children4 ,some statutes give her the absolute estate1 others a life interest2 in some states she loses the homestead by a subsequent marriage4 ,in most states the rights of surviving children end on attaining their majority4 ,in many states the surviving husband is entitled to the homestead right1 even though there be no children4 ,a husband does not lose his homestead when his wife withdraws from the family under a decree of divorce4 ,non-residents as a rule are not within the privilege of the homestead laws4 ,on the dissolution of a marriage by divorce1 as the wife ceases to be a member of the husband's family1 she loses her rights to the homestead4 ,the decree of divorce may1 in the dissolution of the marriage1 reserve to her the right1 and if she is the owner of the homestead she may continue to occupy it as one4 ,the mere desertion of husband or wife by the other spouse will not1 in itself1 destroy the character of the homestead although an entire dissolution of the family will have that effect4 ,by the federal law every head of a family1 or a person twenty-one years old and a citizen1 or intended citizen1 of the ,united ,states1 if not the owner elsewhere in the ,united ,states of one hundred and sixty acres of land and has not previously obtained a federal homestead1 is entitled to a quarter section or less of the public land4 ,three things are necessary3 7#a7 ,an affidavit showing that the applicant comes under the law2 7#b7 a formal application2 7#c7 payment of the land office charges4 ,when these things are done1 the certificate of entry is delivered to the applicant and the entry is made4 ,then the entryman must actually reside on and cultivate the land for three years1 and at the end of that period1 he is entitled to a patent4 ,the lands thus acquired are not liable for any debts contracted prior to the issuing of the patent4 ,the head of a family can sell or mortgage his homestead1 whether he is solvent or not1 nor can his creditors prevent its sale since they have no rights therein4 ,and if he sells his homestead and with the proceeds buys another1 the second is as fully protected from creditors as the other4 ,from liability for most debts a homesteader is exempt1 but not for all4 ,generally the homestead is not exempt from taxes1 but not everywhere from fines for public offenses or liability on official bonds4 ,debts contracted prior to the acquisition of the homestead and pre-existing liens in most states are enforceable against the homestead4 ,so are debts contracted in improving or preserving the homestead4 ,these include materials furnished1 also the wages of clerks1 servants1 laborers and mechanics4 ,husband and ,wife4--,the law1 while regarding marriage as a contract1 adds something more1 for it cannot be terminated by the will or consent of the parties2 a contract on the other hand in most cases can be4 ,to constitute a marriage there must be an agreement or mutual assent by the parties4 ,this agreement must be made freely1 seriously and not as a joke4 ,false representations of health1 wealth1 etc41 do not invalidate the agreement1 yet these may be grave enough to have that effect4 ,consent may be obtained by deceit or compulsion so gross as to justify a court in declaring that the parties were never legally married4 ,a person may be too defective mentally to give an intelligent assent4 ,a subsequent mental weakening would be no ground for annulling a marriage4 ,an ,illinois court recently remarked1 it is a harsh rule that would permit a married man whose wife later in life became insane to put her away on account of her misfortune4 ,if one were so intoxicated that he did not act intelligently1 he could avoid his marriage4 ,a male at common law can marry at fourteen1 a female at twelve4 ,by statute a later date1 twenty-one for males and eighteen for females has been fixed in many states4 ,the right to disaffirm a marriage on the ground of non-age1 unlike the parties to a contract1 applies to both parties4 ,in this country marriage is regulated largely by the states1 though a movement has been started to make marriage and divorce a matter of national regulation4 ,as marriages are of higher character than other contracts relating to the ordinary dealings of men1 even those that are prohibited by law are for reasons of public policy not always void4 ,they are therefore not void1 simply because the formalities prescribed by statute in obtaining the license and solemnizing the marriage have not been observed1 when the parties afterward live together like other married people4 ,a marriage ceremony is not void though performed by one outside his jurisdiction1 or not having a license obtained at the proper place4 ,persons who improperly grant licenses and solemnize marriages may themselves suffer legally1 but their wrongful action cannot be visited on others4 ,the principle still prevails in most states that a marriage which is good by the common law1 though contrary to statutory forms unless there is an express prohibition1 is a valid marriage4 ,in a few states a common law marriage is invalid4 ,a marriage that is valid by the law of the state where it was made1 is valid everywhere4 ,nevertheless1 the courts have great difficulty in applying the principle4 ,suppose that the resident of a state1 for the purpose of evading its marriage laws1 should go into another state and have the marriage solemnized1 and then return1 is the marriage valid in that state8 ,no1 but to lessen the rigor of the rule1 the courts hold that both parties must have intended to evade the law1 if1 therefore1 one of them was innocent the marriage was valid4 ,after marriage the husband's domicile becomes that of his wife1 and her refusal to follow him without good cause1 would be in law a desertion4 ,it is said that a promise before marriage not to take her away from her mother and friends will not justify her in refusing to go with him4 ,if1 however1 she had immediately after marriage1 determined to separate from him and to take legal steps to that end1 she could legally remain4 ,a married woman by the common law is answerable personally for her crimes as though she were unmarried1 unless they were committed in her husband's presence4 ,when together the law presumes she acted from his coercion1 he therefore must be the sufferer1 while she escapes4 ,this rule though does not apply to the gravest crimes2 for these both are liable4 ,like so many other legal rules the difficulty is in applying it4 ,how near to the husband must she be when committing a wrong to render him liable and escape herself4 ,in one of the cases a married woman was properly indicted for unlawfully selling intoxicating liquors4 ,at the time of selling them she was alone in the room1 though she had sold them by her husband's order4 ,as the law regards husband and wife as one person1 many peculiar things flow from this relation4 ,thus one cannot steal from the other2 but either is criminally liable for an assault committed on the other4 ,by statute in some states the right of either party to sue the other for wrongs has been greatly extended2 nor is the husband liable for wrongs committed by his wife unless he participated in them4 ,for example1 in some states he is not liable for slanderous words spoken by her in his absence2 in other states his liability continues4 ,on the other hand1 a wife who can manage and control her separate estate may in turn be liable for the wrongs of her husband while he is acting with authority as her agent4 ,a husband has a right of action for damages against any person who alienates his wife's affections4 ,nor can he be defeated by showing that he and his wife did not live happily together4 ,such facts though may be used to prove that her society was worth less than it would have been had they lived happily1 in fact1 by money valuation was not worth three cents4 ,a husband forfeits his right to sue others for entertainment when his own misconduct justified and actually caused the separation1 otherwise his remedy is complete against all persons whatsoever who have lent their countenance to any agreement for breaking up his household4 ,on the other hand1 this is a one-sided rule in some states2 in others a wife has the same right to sue for the alienation of her husband's affections as he has for the alienation of hers4 ,by statute great changes have been made in the way of permitting married women to retain their property and manage it1 and to do business4 ,formerly1 all the personal property of a married woman went immediately by law to her husband1 and he became responsible for her debts4 ,she still retained her real estate and the management of it4 ,now1 very generally1 she also retains her personal property1 also the income1 very much as if she were unmarried4 ,she often appoints him as her agent to manage her property1 and when thus acting he is responsible to others and to her like any other agent4 ,he may contract for erecting any building or improvement on her land1 but should he contract in his own name for such improvement she cannot be held therefor1 nor can any one who has done work or furnished materials put a lien thereon for them4 ,it may be added that his right to act as her agent is never implied solely from the marital relation4 ,a wife may act in a representative capacity as agent for her husband1 or for other persons1 and may execute a power conferred on her by deed or will4 ,she may also be appointed to act as executor1 administrator or guardian1 though under the common law theory her husband's consent was needful to her acceptance of any of these undertakings4 ,the common law relations of husband and wife have been greatly changed by statute since about #ahdd4 ,it is now1 says ,peck1 the usual rule of law throughout the ,united ,states1 established in each state by its own statutes that the wife retains title to the property owned by her before marriage or acquired by her during the marriage1 and the right to manage1 use or sell it1 without the concurrence of her husband4 ,the right to contract1 and to sue and be sued1 naturally follows from her ownership and control of her property2 in most of the states these rights are expressly conferred by statute2 and in some they have been held to result by necessary implication4 ,the husband is generally relieved from liability for her debts or for her torts1 except for such debts as are for her support or that of the family1 or are within her express or implied agency to act for him4 ,the common law estate of dower and curtesy are retained in some of the states1 in the larger number they are materially modified by statute1 or wholly abolished and replaced by a right of succession to each other's property as defined by statute4 ,the distinctive duties resting on a husband are to provide a home1 to support his wife and children1 to protect her and them from injury or insult4 ,thus a husband has the same right to protect his wife1 to assert and maintain her rights1 even to kill a person1 if necessary in her defense1 that he would have in his own behalf4 ,the duty of a husband to provide a home implies his right to select and fix the marital abode4 ,the wife must live with him1 and a refusal on her part to live in the home provided by him would constitute her a deserter4 ,but he must select a home in good faith and in reasonable accordance with his means and their accustomed mode of life4 ,it is his duty to maintain order and law in his household4 ,he is therefore liable to prosecution should his wife carry on the illegal sale of liquor1 or in other ways defy the law4 ,a husband cannot chastise his wife1 but he may use force to restrain her from committing a violent criminal wrong4 ,says a competent author3 ,that depends rather on the right of every one to use reasonable efforts to prevent violence and crime than on any peculiar power of the husband over the wife1 and it would also justify like restraint of the husband by the wife4 ,it is the duty of the wife to assist in the maintenance of the family by such reasonable labor as the necessities of the family and their circumstances in life and financial position require2 while the husband has no right to require her to do more than to care for the house and the family in the customary and proper manner4 ,he cannot compel her to engage in business1 to work for wages1 nor to work for him in his business4 ,the services of any kind which either may render to the other1 or for the family1 are rendered in consideration of the marriage relation1 and of the mutual benefit received therefrom and neither has any right of action against the other for them4 ,it should be noted that the legislative revolution for the benefit of married women has chiefly affected the property relations of husband and wife1 while their personal rights remain quite as before4 ,probably no single rule of the common law was so bitterly resented and so difficult to defend1 as the vesting in the husband of the sole guardianship of their children4 ,by statute in many states both parents are made guardian of them1 and if they separate1 the welfare of the children is regarded as the decisive question in fixing their guardianship1 rather than the superior right of either parent4 ,a husband and wife by the modern law may agree to live separately4 ,the arrangement in some states is effected through a trustee1 in others this may be done by the parties themselves4 ,by this the parties may agree on the disposition and division of their property when this can be done freely and intelligently4 ,a separation agreement made through fear of her husband cannot be sustained4 ,a wife who voluntarily enters into an agreement of separation covering all property rights cannot1 after her husband's death1 have it set aside and then claim her rights in his estate1 except in some states where community rights exist4 ,on the other hand1 her right to share in her husband's estate is not lost though she lives apart from him by agreement1 unless this shows a clear intention to relinquish all claims to his estate4 ,the husband must support his wife4 ,this is the law everywhere4 ,while they live together the law presumes that he has given her authority to purchase necessaries on his credit1 and therefore a tradesman can recover who shows that they were thus living and that the things furnished befitted their condition in life4 ,when she is living apart from her husband the presumption is the other way1 and a tradesman cannot recover without proof of the fact of her husband's authority to let her have the goods4 ,but when she is living apart from him for good cause1 and would starve if the things needful to sustain life did not come from some source1 she has an absolute right to pledge her husband's credit for them4 ,what are the things for which she may pledge her husband's credit8 ,those required to sustain life and preserve decency1 besides other things to maintain her in her social condition4 ,wearing apparel1 furniture1 jewelry1 even legal expenses incurred in regaining her conjugal rights have been included4 ,besides agreements to live separately1 the law for several causes permits absolute separation4 ,these are prescribed by statute1 and vary greatly in the different states4 ,adultery is a cause recognized in all of them1 for which an absolute divorce can be granted4 ,cruelty is another cause1 almost as general1 though more difficult to define4 ,actual violence is not necessary to constitute cruelty1 threats of violence with an intention to do bodily harm will suffice4 ,again1 the cruelty must be unmerited4 ,if she has justly provoked the indignation of her husband1 then his cruelty presents a different aspect4 ,nevertheless1 if his cruelty bears no relation to her wrongful beginnings1 she still has good ground for separation4 ,desertion is a general ground of divorce1 the law in every state prescribing a period of time1 quite often three years4 ,the period must be continuous4 ,an offer to return made by the deserted spouse in good faith at any time before the separation has run for the statutory period will bar a divorce1 but not if the offer is made afterward4 ,again1 a husband who drives his wife away from him by his misconduct deserts her as clearly as if he had left her4 ,to cease living together for the time fixed by statute is not desertion unless this was done intentionally4 ,for example1 separation on account of business1 sickness1 etc41 is not desertion4 ,not only must there be an intention to leave the other party1 this must be without consent4 ,another cause for divorce1 quite generally recognized1 is habitual drunkenness4 ,this must be of a gross and confirmed nature4 ,while other causes exist the most general have now been mentioned4 ,in some states there is a more general ground1 any reason rendering married life a failure4 ,of course1 much depends on the discretion1 mental and moral make-up of a judge in applying the facts to a cause for separation that is so general4 ,an agreement in advance to make a cause of divorce is everywhere condemned by the law4 ,divorces are of two kinds3 from the bond of marriage1 often called absolute divorces1 which put an end to the marriage relation and render the parties single2 and divorces from bed and board1 limited divorces1 more accurately called judicial separations1 in which the marriage relation is not dissolved1 but the injured party is given the right to live separate from the other4 ,in more than half of the ,american states no distinction is made between kind of divorce1 all divorces are absolute1 from the bond of marriage4 ,the legal effect of divorces is still a grave matter4 ,when a divorce has been legally granted by a state1 the courts of every other state for obvious reasons recognize and try to uphold the decree or judgment1 though not all of them1 and consequently strange results follow4 ,thus a person who was married and living in ,new ,york leaves his wife for good reason and goes to ,connecticut4 ,after acquiring a legal residence there and proper standing in a court1 he applies for a divorce1 the proceedings are regular in every respect and a divorce is granted4 ,he marries again and takes his wife to ,new ,york for a visit4 ,there he is sued by the first wife for support1 moreover1 by the laws of ,new ,york he is an adulterer4 ,in ,new ,york he is still married to the first wife1 in ,connecticut to the second4 ,if children are born of the second marriage they are legitimate as long as they live in ,connecticut1 illegitimate should they go to ,new ,york4 ,one of the latest legal writers on this difficult subject says3 ,foreign divorce judgments granted in states where the plaintiff had obtained an actual1 bona fide residence1 will doubtless continue to be recognized by the great majority of our states1 but the states of ,new ,york1 ,california1 ,maryland1 ,massachusetts1 ,vermont1 ,south ,carolina1 ,pennsylvania1 and possibly some other states1 which have adopted the extreme ,new ,york doctrine1 are permitted by the rule established in the ,haddock case--a decision by the ,supreme ,court of the ,united ,states--to continue to refuse recognition of divorce judgments in other states4 ,innkeeper4--,an innkeeper's house is a public place to which travelers may resort4 ,he cannot therefore prohibit persons who come under that character in a proper manner and at suitable times from entering1 so long as he can accommodate them4 ,he is not obliged to receive one who cannot pay for his entertainment4 ,indeed1 he must exclude some persons who apply1 notably thieves4 ,he can refuse to admit all whom he has reason to believe will disturb the peace and safety of his guests2 and can afterward exclude all who1 though admitted1 prove to be noisy and disturbers of the comfort and safety of others4 ,and if having a stable he is under the same obligation to receive and care for horses as he is to receive the person to whom they belong4 ,again1 he is not required to provide a guest with the precise room he may select1 but only reasonable and proper accommodations4 ,if he refuses to do so he is liable in law to the applicant4 ,in caring for the baggage of a guest1 the law is not as well settled as it might be4 ,a competent writer has said3 ,they are insurers of the property of their guests committed to their care1 and are liable for its loss1 unless caused by the act of ,god1 a public enemy1 or the neglect or fault of the owner or his servants4 ,this strictness of liability1 it is said is necessary to protect travelers against any collusion between the innkeeper and his servants1 and to compel him to take care that no improper persons are admitted into his house4 ,his charge for the entertainment of his guests is sufficient to cover this risk2 he also has a lien on their property entrusted to his care to indemnify him against loss4 ,by statute in many states innkeepers are exempt from loss by fires which are in no way caused by their own negligence or that of their servants4 ,if a horse dies while in the innkeeper's charge1 he is liable unless he can show facts that excuse him4 ,if the goods of a guest are stolen by the innkeeper's servants or domestics1 by another guest1 or by someone outside the inn1 the innkeeper must make restitution1 for it is his duty to provide honest servants1 and to exercise an exact vigilance over all persons coming into his house as guests or otherwise4 ,his responsibility extends to all his servants and domestics1 and he is bound in every event to pay for them if stolen1 unless they were stolen by a servant or companion of the guest4 ,illness or absence of the innkeeper does not excuse him4 ,an innkeeper is not liable for the loss of a guest's property when this loss is due to the fault or negligence of the guest himself4 ,thus an unnecessary display of money or valuables1 or leaving them where they would tempt thieves1 may be negligence4 ,but failure to lock or bolt his door is not necessarily negligence on the part of a guest4 ,it is only evidence of negligence4 ,nor is an innkeeper exonerated when a theft is committed by a fellow guest with whom the owner of the property stolen had consented to occupy the same room4 ,an innkeeper may make needful and reasonable regulations that are to be observed by his guests to secure the safety of his property4 ,when they are made and brought to the knowledge of a guest he is bound by them4 ,by contract1 custom and statute the responsibility of an innkeeper may be changed4 ,in many states by statute an innkeeper avoids liability for the valuables of his guest unless they are deposited with him4 ,these statutes are construed strictly in favor of the guest4 ,nor can an innkeeper even by these exempt himself from everything1 for if a guest were required to deposit all he had to secure such protection1 he would be in a strange fix4 ,said a ,georgia court3 ,is the guest to deposit his valise there1 and go and send for it to get out a clean shirt8 ,if a guest goes away1 leaving his valise or other things with an innkeeper1 he is not required after a reasonable time to observe such diligence in keeping them as he receives nothing in the way of compensation for so doing4 ,keepers of lodging and boarding houses are not innkeepers1 nor subject to their liabilities4 ,the proprietor of such a house does not hold himself out to the world as prepared to supply accommodations for all who may apply1 nor is he required to receive any persons unless he chooses to do so2 an innkeeper's freedom is restricted in this respect4 ,a house may have a double character of boarding house and inn4 ,with transient persons who1 without a definite contract1 remain from day to day it is an inn2 with those under definite contract it is a boarding house4 ,land ,license4--,a license is an authority to do something on another's land without acquiring ownership therein1 and may be given orally1 or it may be simply a permission to use or occupy4 ,a license may be executory1 relating to a future act1 or it may relate to an act already done or executed4 ,an executory license may be revoked at any time4 ,thus ,a laid a water pipe by permission across ,b's land who afterward rendered the pipe useless by cutting it4 ,a had no redress1 for ,b was acting within his rights4 ,a ought to have obtained written authority for such action4 ,he could1 however1 remove the pipe or any other improvement he had made on the strength of the license granted to him4 ,a license may be to do many things on another's land4 ,thus one may have a license to flood land1 erect buildings1 pass overland1 maintain a ditch1 cut timber1 use land for railroad purposes4 ,a common form of license is a ticket of admission to enter another's land to witness a spectacle or similar purpose4 ,no formality is needed to create a license4 ,it may be in writing or be oral1 or implied from the relations or conduct of the parties1 as where a land owner assents to the doing of certain acts on his land4 ,a person by opening a place of business licenses the public to enter therein for the purpose of transacting business4 ,and a license to do a particular act necessarily involves any act essential thereto4 ,a license is usually revocable at the pleasure of the licensor1 even though it be in writing and under seal1 or a consideration has been given4 ,if the licensee has expended money and made improvements on the faith of the license1 can it be revoked8 ,on this question the courts divide4 ,the more general opinion seems to be that a license coupled with a grant or interest cannot be revoked4 ,or1 if a license has in effect been so used as to become an easement it remains a burden on the land though sold to a purchaser1 unless he had no knowledge of it4 ,a license cannot be assigned by the licensee to another4 ,again it is said that the revocation only affects the future exercise of the privilege1 and does not prevent the licensee from removing structures or other movable articles placed by him thereon relying on the license1 provided he does this within a reasonable time after the revocation4 ,even should the owner of land sell1 the sale would not operate as a revocation to one to remove trees that he had already cut under a contract of sale and removal4 ,if a person grants a license to another to come on his land1 he owes no duty to him except the negative one of not wantonly injuring or exposing him to danger4 ,merchants invite the public into their stores to buy wares1 but those who accompany them without any intention of purchasing are not invitees1 they are mere licensees4 ,the duty of the storekeeper to one who enters his premises by mere license is not to keep the premises in a non-hazardous state1 but only to abstain from acts willfully injurious to him4 ,lease4--,a lease is for the use of land1 usually for a few years or shorter period4 ,the lessor is more generally known as the landlord1 and the lessee as the tenant4 ,the lease may be oral1 though the better way is to put the agreement in writing4 ,if it be for a house or other building the lessee should insist on this1 otherwise he would fare much worse should the building be destroyed by fire4 ,doubtless many do not know that1 unless the lessee makes a specific agreement relieving himself1 he is liable for the rent of a building1 just the same if it is burned down as if he were still the occupier4 ,this is the common law1 which has been changed in some states by statute4 ,if the lease is for more than a year1 or other short period1 the ,statute of ,frauds1 so called1 requires that it must be in writing4 ,if the time be less1 a verbal lease may be made1 even though the lessee does not take immediate possession of the premises4 ,if on the other hand1 it exceeds the statutory period1 it is not absolutely void1 but continues during the joint wills of both parties1 and may therefore cease at the will of either party4 ,if the landlord wishes to terminate it1 he must give the tenant notice to quit2 should he disregard the law and take immediate possession he would be a trespasser4 ,when the terms of a lease are in doubt1 they are construed in favor of the tenant4 ,a lease to a specified day continues during the whole of it1 though custom or statute may prescribe a different rule4 ,a term may also continue during the option of either of the parties to be ended on notice by the party exercising the option4 ,the most usual agreements or covenants in a lease are on the part of the lessor for quiet enjoyment1 which secures the tenant against any hindrance or disturbance of his possession and enjoyment of the premises from persons deriving their title from the landlord1 or from any one else who claims to be the owner4 ,also against all encumbrances1 in other words1 that no one has any easements or other rights in the premises4 ,the landlord also usually agrees to repair1 and often to renew the lease1 and the lessee to pay rent1 to insure and not to assign or underlet1 without the landlord's consent4 ,the parties may of course agree to do any other lawful thing1 for example1 sometimes the tenant agrees to make repairs1 to reside in the premises1 not to engage in some kinds of business1 to cultivate the land1 if the lease be of a farm1 in a specified way4 ,again though an oral lease for a term of years at a stated annual rent may not fulfill the requirement of the ,statute of ,frauds1 the parties may conform to it and thus create a tenancy in fact from which the law will imply a leasing from year to year4 ,if therefore the tenant with the acquiescence of the landlord continues in possession for several months after the expiration of the original term1 a tenancy for another year will be created with a corresponding liability on the part of the tenant for a full year's rent4 ,and the measure and extent of the tenant's liability would be the same1 whether his continued occupancy related to the original lease1 or to a subsequent one just like it1 made as the first was soon to expire4 ,the definite period for which a lease is given is called a term4 ,if a lease is from the first day of ,january1 it begins on the second day and lasts through the last day mentioned2 in carefully drawn leases the number of days is fixed to avoid all dispute4 ,a lease for a year with the privilege of remaining three years or longer does not mean a single period of three years1 but three yearly periods as the tenant may elect4 ,a lease may be made to take effect in the future1 provided the time for taking possession is not so far away as to violate some statute to the contrary4 ,a lease for an hundred years in some states is deemed a parting with the absolute title to lands though railroads make long leases running for ninety-nine years4 ,if the length of the term is not definitely expressed in the lease1 the time may be ascertained by other evidence4 ,when a lease is to run for one or more years from a specified day1 the corresponding day of the year is excluded from the term1 unless a contrary custom exists4 ,a lease to a specified day ends with its expiration4 ,if there be a doubt on which of two days a lease terminates1 the lessee may decide4 ,more generally1 leases of doubtful duration are construed in favor of the tenants4 ,by statute in ,new ,york leases which do not specify the length of occupation1 extend to the first of the following ,may after taking possession4 ,a lease must describe clearly the premises1 nor can a defective description be cured by outside evidence4 ,any language will suffice that shows the intention of the parties4 ,the words grant1 demise1 and to farm let1 have a technical meaning1 and are generally used1 but other words may be and often are used4 ,a memorandum expressing the consent of the owner that another shall have immediate possession of the premises1 and shall continue to occupy them at a specified rent and for a definite term1 is a sufficient lease2 in general1 any agreement under which one person obtains the right of enjoyment to property of another1 with his consent and in subordination4 ,a distinction exists between a lease and an agreement for a lease1 which should be understood1 though it sometimes is not by the parties themselves4 ,if the agreement is a lease1 it cannot be changed by other evidence1 for it is a completed contract2 but if it is an agreement for a lease1 then it is not complete and other evidence may be produced to show what the parties intended4 ,how can the nature of the agreement be tested8 ,by ascertaining whether it is complete or not4 ,thus ,a wrote to ,b that he would take his home at a stipulated rent for two years if he would put in a furnace1 with which offer ,b at once complied4 ,this was a lease1 for by putting in the furnace nothing more remained to be done4 ,if he had not put in the furnace1 or not before the time ,a was to take possession1 there would have been no lease1 unless ,a had waived his offer and taken possession4 ,of course to make a valid lease there must be competent parties4 ,a lease made by a minor is not void1 but he may avoid or cancel it by some positive act4 ,can he do this before attaining his majority8 ,on this the authorities differ4 ,again appears the risk of making contracts with minors1 though the situation many times seems clearly to justify such action4 ,a guardian may lease his minor's land for the period of his minority2 if leased beyond1 the ward may have the lease canceled for the excess4 ,a lease terminates on the death of the ward1 whatever may be the length of the term4 ,a parent cannot lease the land of his minor child like a guardian4 ,by common law a lease made by a married woman was avoided after her husband's death4 ,the modern statutes excluding her husband's power of control over her property and authorizing her to take and hold property as if she were an unmarried woman1 have abolished both his power to invalidate the lease and also her power to repudiate it after his death4 ,a private corporation may make a lease of its property provided that in doing so it acts within its charter4 ,a municipal corporation1 while it may lease property belonging thereto of a private nature1 cannot lease property which has been devoted to public use4 ,a corporation whether public or private may take a lease of property so far as this may be a proper means of carrying out the purposes for which the corporation was created4 ,executors and administrators may dispose of a lease belonging to the deceased1 or make new leases for terms within the period covered by it4 ,trustees have a still larger authority to lease the lands entrusted to them1 unless restricted by the terms of their trusteeship1 or by statute4 ,though a member of a partnership1 as we have seen1 is an agent1 he cannot make valid lease of partnership land4 ,what may be leased8 ,besides land1 the right to a wharf1 to flow with water the land of another1 to go over another's land4 ,an ordinary boarder1 who has a room and boards in the house of another and who retains the possession and care of his room1 is not a tenant4 ,on the other hand the letting of an entire floor for lodgings may create a tenancy1 and so may even a single room4 ,a lease for an unlawful purpose is void1 for example1 for the sale of spirituous liquors contrary to law4 ,if the premises are occupied by the lessee and his rent is paid as specified in the lease1 this is regarded as a ratification by him of an invalid or void lease4 ,to this rule are some exceptions4 ,a rule of construction may here be added2 if a blank form is used in making a lease and the printed and written parts or agreements are inconsistent1 the matters written are regarded as expressing the intention of the parties4 ,much might be said concerning the use of the premises4 ,if a farm is rented and the lease is silent on the matter1 the law presumes that the tenant will use it in a proper and husbandlike manner1 like other exemplary farmers in that vicinity4 ,he must cultivate the soil properly1 preserve the timber1 consume the hay as fodder to the cattle1 if such be the custom1 and keep the buildings and fences in repair4 ,manure in the ordinary course of farming belongs to the farm4 ,to manure made in livery stables a different rule applies and the tenant can remove it4 ,if the lease be of a mill it usually provides how it shall be run1 if it be a house in the city and nothing is said about its use the law implies that there shall be no waste or destruction beyond the ordinary wear and tear4 ,to use the doors for firewood is not uncommon with tenants1 unless they are not burnable1 though surely it is not a proper use of a leased house4 ,a farm tenant has the right to take and use material found on the land suitable and needful to repair the buildings1 fences1 also dead and fallen timber for fuel4 ,he cannot use shrubbery and ornamental trees for this purpose1 nor cut standing timber for this purpose4 ,he is entitled also to the way going crop1 but must remove it during his lease4 ,he cannot go on the land afterward and remove crops1 unless he was prevented by some good reason from removing them while he was in possession4 ,can a lessee assign or sublet his lease8 ,of course this may be forbidden1 and often is by the lessor1 without his consent4 ,if the lease is silent this can be done4 ,if the lessee die1 his executor or administrator can assign the remainder of his term4 ,a lease may also be assigned if the lessee become insolvent1 also by a new partnership created by the addition or retirement of a member4 ,a transfer by the lessee of the whole or a part of his interest for a part of the time is a sublease and not an assignment4 ,and whenever a sublease is made1 the rights of the original lessor are not changed1 nor does he recognize in any way the sub-tenant unless by agreement1 nor has he any right of action against him4 ,of course there is nothing to prevent the parties from making any arrangement that may be agreeable to them4 ,as the lessee may assign or sublet unless forbidden1 so may the lessor part with his interest in the leased premises4 ,when an assignment of it is made1 the assignee may sue in his own name for rent accruing after the assignment4 ,the lease of a private residence is not a warranty that it is reasonably fit for occupancy4 ,thus saith the law4 ,nor can a lessee1 unless the lessor has misrepresented the healthfulness of the place1 leave after the unwelcome discovery that it is not healthful4 ,this seems to be rather harsh1 but the rule is founded on the presumption that the lessee will examine the house before leasing and make proper inquiries about its healthfulness4 ,by the common law the lessor was not required to make repairs4 ,this has been changed in some states by statute4 ,he is not required to make repairs needed and known to the tenant at the time of making his lease4 ,hallways1 staircases1 elevators1 and the like that are used in common by the tenants of a building and are under the landlord's control1 must be kept in repair by him4 ,if he shall let a many storied building to several tenants1 to each tenant a story1 who have exclusive possession thereof1 the lessor will not be liable to any lessee for the damage caused by another4 ,if the landlord agrees to make repairs and keep the tenement in good condition1 he is required to keep it in essentially the same condition as it was when the tenant took possession4 ,should the house or other building be destroyed by fire what then8 ,an agreement to keep it in good repair imposes an obligation on the landlord's part to rebuild4 ,but an agreement by the lessee to keep and leave it in good repair1 does not require him to rebuild should it be destroyed by fire1 or other cause without any fault of his own4 ,if the lease provides that the insurance money1 when the landlord has insured the premises1 shall be applied to rebuild in the event of fire1 he must regard his agreement1 but if there be no such agreement1 the tenant cannot compel his landlord to thus apply it4 ,should the lessor fail to fulfill his agreement to repair1 the tenant is not excused from paying his rent1 nor justified in leaving the premises4 ,his remedy is to sue his landlord for the damages or injury to himself4 ,and even if the premises be destroyed by fire the tenant must continue to pay his rent unless he has been wise enough to relieve himself by a proper clause1 or unless some kindly statute has been passed relieving him on the happening of such an event4 ,no oral stipulation1 that the parties should make covering the effect of loss by fire or other contingency1 would be binding if contrary to the terms of the written lease4 ,as this is the highest form of the agreement1 all verbal stipulations to the contrary must give way4 ,a tenant can make no permanent alteration without his landlord's consent2 and should he do so and injure the premises the landlord may recover damages1 or1 if such an alteration is feared or threatened1 he may prevent it by obtaining an injunction from a court ordering the tenant not to make it and penalizing him should the order be disobeyed4 ,when a lease is renewed1 the new lease may be regarded in two different ways4 ,it may be considered as the continuation of the lease1 and thereby protecting all the interests created under it4 ,and this will be the case whenever the old lease clearly shows that if a renewal should be made this was the intention of the parties4 ,when nothing is said1 a renewed lease is a surrender of the old one and different conditions may arise4 ,it is important therefore when providing for the renewal of a lease to specify what the parties intend1 whether a renewal or continuation on the old terms1 or a renewal on other terms to be fixed at another time4 ,usually a lease specifies not only the amount of rent to be paid1 but the time of payment4 ,if silent1 yearly rent is not due until the end of the year1 quarterly rent at the end of the quarter1 monthly rent at the end of the month4 ,when a lessee is evicted or turned out of possession by his landlord1 he is excused from paying rent4 ,what1 therefore1 is an eviction8 ,any act by the landlord1 or by his agent1 impairing the worth of the premises to the tenant1 for example1 the destruction of a summer house1 turning rooting pigs into the premises1 the erection of a new building rendering the leased premises unfit for occupation4 ,one of the curious cases is the lease of a distillery which could not be run because the landlord prevented the lessee from getting a license4 ,in like manner if the landlord is to furnish heat and fails to do so1 the tenant is justified in leaving4 ,more generally1 any act by the landlord whereby the leased premises are rendered unfit or impossible for the purpose intended1 and affecting the health and comfort of the tenant1 is an eviction4 ,the eviction must be done by the lessor4 ,an act done by a wrongdoer1 not under the lessor's order1 will not justify the lessee in quitting4 ,thus the darkening by an adjacent owner of the lessee's premises by erecting a structure1 however injurious it might be1 would not justify the lessee in quitting and refusing to pay his agreed rent4 ,this is one of the risks taken when making the lease4 ,suppose a person occupying state land is evicted by the state1 must he continue to pay rent8 ,in ,missouri the rent ceases1 or if evicted of a part1 he must pay rent on the remainder4 ,in some states he must still continue to pay his rent and then demand compensation for his loss4 ,sometimes land is rented on shares1 a very common way in the olden time4 ,when this is done1 the relation of landlord and tenant may be created1 or perhaps a partnership relation4 ,if the farmer is to do the work of a servant of the owner of the farm1 receiving in return therefor1 a specified part of the crops1 the agreement is one of hiring and not a lease4 ,if the farmer has rightful possession of the use of the land1 then the payment of his rent in produce does not affect his relation as a tenant4 ,the natural increase of stock leased with a farm belongs to the tenant1 and a landlord cannot recover for the death of cattle in the tenant's possession1 unless he can prove his tenant's negligence4 ,and if a lessee should sell part of the stock contrary to the lease1 the purchaser would be liable therefor4 ,a landlord often leases separate parts of a building to different tenants1 while the stairways and passages to them1 though intended for their use1 are still under his control4 ,he thus invites the tenants and other persons having relations with them to use the approaches to obtain access to their rooms or apartments1 and is accordingly liable when they are not kept in proper repair2 the same as any owner of structures either expressly or impliedly invites persons to enter them4 ,if therefore he should leave elevator shafts1 or hatchways unguarded1 he would be clearly liable for the consequences4 ,so1 too1 should a mill owner have a defective bridge to his mill1 forming part of a common way thereto1 he would be liable for the consequences4 ,the lessor is liable if he leaves his premises with a way or cellar entrance1 or coal hole inadequately guarded at the time the lessee takes possession1 but not if the guard or covering gets out of repair during the tenancy1 or is temporarily left unguarded by the tenant or some third person4 ,if the hole or other dangerous place is made without proper authority1 it is considered a nuisance and the owner is liable for all injuries whether he has rented the premises or not4 ,who is liable for injuries caused to travelers by ice and snow on the pavement8 ,this is a hard question to answer in a short space4 ,if the ice or snow has accumulated by reason of a defective roof1 then the landlord is liable because of its faulty construction4 ,in some parts of the country it is most difficult to keep the walks safe in winter4 ,experience has led the parties to make stipulations defining and fixing their liability4 ,many states also have statutes and cities ordinances regulating the duties and liabilities of landlords and tenants4 ,when a lease is about to expire a difficult question sometimes arises1 what can the tenant take away with him8 ,of course he can remove all his furniture and the things that can be separated without injury to the premises1 but during his tenancy1 he may have added things possessing a more permanent nature1 called fixtures1 these he cannot remove4 ,the courts have had great difficulty in deciding in some cases what these are4 ,in a general way it may be said that whatever a tenant adds to the premises can be removed1 while he is still in possession1 without material injury to it1 but he cannot remove anything afterwards4 ,suppose the tenant erects a building1 can he remove it8 ,one would not think of his building this for the benefit of his landlord4 ,suppose he had built it on a foundation from which it could be easily removed1 a court would have no difficulty in deciding that it belonged to the tenant4 ,many cases have arisen about ranges and stoves4 ,an ordinary stove of course can be removed2 suppose it is affixed to the house in such a way that some portion of the wall will be detached by the removal1 can this be done8 ,not if the wall will be badly injured4 ,how badly8 ,this is a question of fact to be answered by inquiry in every case4 ,among the fixtures that can be removed are hangings and tapestries1 ornamental chimney pieces1 wooden cornices1 wainscoting affixed to the wall by screws and spikes1 bells and bell wires1 chandeliers1 cisterns and sinks though fastened by nails and set into the floor1 fire frame fixed in the fireplace1 pipes for gas or water1 grates removable without injury to the building1 pumps1 stoves1 ranges and furnaces1 gas ranges and water closet appliances1 washtubs fastened to the house1 gas fixtures and shelves4 ,a greenhouse is not removable1 nor gutters placed in the roof of a dwelling1 nor a stairway1 nor flowers1 shrubs1 or bushes planted for ornamental purposes4 ,chattels placed by a tenant on leased premises for the purpose of carrying on his business or trade are generally regarded as personal property4 ,annexations of this kind are called trade fixtures and the law is liberal in permitting their removal4 ,show cases1 counters and shelves1 engines1 boilers1 machinery1 tanks in a distillery1 a bowling alley1 bar fixtures1 even buildings are removable4 ,the same liberal rule applies to agricultural implements4 ,a tenant1 therefore1 if wishing to remove whatever he may have added1 should be careful about their nature1 or protect himself by an effective agreement4 ,legal ,remedies4--,elsewhere we have shown how civil and criminal law differ4 ,in criminal proceedings the state is a party and prosecutes offenders through agents or attorneys who are chosen or appointed for that purpose4 ,in all civil offenses the person injured prosecutes the offender1 through the courts established by the state for that purpose4 ,suppose ,a owed ,b one hundred dollars for which he gave his promissory note payable in ninety days from date1 and which on its maturity ,a declined to pay4 ,b could then have recourse to a court of law to collect the money4 ,if knowing nothing about the mode of proceeding he would employ a lawyer2 if he was familiar with legal proceedings he could do this himself4 ,what is the first step taken by a lawyer8 ,he makes out a writ or complaint stating ,b's course of action against ,a--that he has loaned him a sum of money which he has not paid as he promised to do1 and he is summoned to appear in court at a certain time and place and answer why he does not pay and the court is asked to render judgment against him1 if there is no defense1 for the money due with the addition of the costs incurred in seeking the aid of the court to collect the money4 ,this writ1 declaration1 or complaint is given to the sheriff of the court where either ,a or ,b lives1 who serves it on ,a4 ,this service consists in reading a copy of it by the sheriff1 or by one of his deputies or a constable1 or other authorized person1 to ,a1 or in leaving a true and attested copy thereof with him1 which has become the universal practice4 ,this is the ordinary mode of beginning a legal action against a person or corporation4 ,an action thus begun is followed by a trial of the case unless it is settled4 ,usually the trial comes off within a few months1 but not infrequently long delays occur4 ,if1 after the introduction of testimony1 judgment is rendered in favor of ,b1 an execution or order is issued by the court directing the sheriff to levy on ,a's property1 whatever he may have1 save a small sum1 household furniture and the like1 and sell it and turn over the proceeds to ,b in payment of his debt4 ,if there was a balance left from the sale of ,a's property after satisfying the judgment of the court and the costs of the legal proceedings1 it would be paid to ,a4 ,this1 in fewest words1 is the mode of proceeding in a court of law to obtain redress in a civil suit or action4 ,there are several kinds of actions or remedies used in different cases and these will now be explained4 ,first1 is the action of assumpsit4 ,this is the form of action used whenever one sues to recover on all kinds of promises1 those implied by the law as well as express promises1 not under seal4 ,they include all ordinary promises to do things either orally or in writing4 ,next1 is the action of covenant4 ,this is used whenever one sues to recover for some failure on the part of a person who has given a deed or other sealed writing4 ,suppose the purchaser of land discovered there was an unpaid mortgage thereon1 though the deed covenants or declares that it is free from all encumbrances4 ,the vendee or purchaser would sue to recover for a broken covenant4 ,another action is replevin which is used to recover specific goods4 ,suppose someone had taken my horse and refused to deliver the animal to me4 ,the proper remedy would be replevin4 ,suppose ,i did not wish to have the horse back1 but only its value or worth4 ,then the proper remedy would be an action of trover4 ,another form of action in much use is called trespass4 ,this is used to recover damages for injuries to persons and property4 ,if a person knocked me down and ,i sued him to recover for the injury1 trespass would be the proper form of action4 ,in many states an action in tort instead of trespass is the proper remedy4 ,if one should come upon my land and take away wood1 grass1 stone1 or in any way injure it1 trespass also would be the form of action4 ,ejectment is the action employed to eject or turn out a wrongful possessor and recover possession of land4 ,in this action the title or ownership of the land lies at the foundation2 and the title to many a piece has been settled in an action of ejectment4 ,one of the most familiar actions is habeas corpus1 which is employed to recover a person's liberty from illegal restraint4 ,as the actions of slander and libel have been described1 only two others require notice1 mandamus and quo warranto4 ,the first of these is used to compel one to do something4 ,a familiar example is that of a city which refuses to pay a judgment that has been rendered against it4 ,the court in this action commands the city to pay1 and it must obey unless there exists a legal defense4 ,a quo warranto is the form of legal action to which a person resorts to get possession of an office to which he is entitled1 but is denied him4 ,suppose one is elected mayor of a city1 but for some reason or other1 the one in possession is determined to keep him out4 ,he would bring this action and a court would then decide whether he was entitled to it or not1 and if he were1 the court would proceed to put him in possession4 ,in many of the states1 especially the newer ones1 not all of these different forms of action are used4 ,only one form1 called a complaint1 includes most of them4 ,while the substitution of this has simplified the modes of redress1 the substance of the complaint really embodies1 as before1 the different kinds of injuries above explained4 ,life ,insurance4--,the contract of life insurance is a mutual agreement whereby the insurer agrees on the payment of a fixed sum or premium to pay to a person designated in the policy on the happening of a contingency1 usually death1 a sum of money4 ,by another form of insurance the insurance may be made payable at a fixed time1 or before1 should the insured die before that period4 ,the contract to be valid must be for the benefit of one having an insurable interest1 otherwise the contract is a wager1 which the law condemns4 ,this is sufficient if the person taking the insurance has such an interest arising from his relation to the insured as creditor and surety1 or from the ties of blood or marriage that will justify a reasonable expectation of advantage or benefit from the continuation of his life4 ,it is not needful that this expectation or benefit should possess a pecuniary valuation4 ,the mutual legal rights and liabilities of father and minor child are sufficient to create an insurable interest on the part of each in the life of the other2 also the relationship of brother and sister1 and that of husband and wife4 ,likewise a man and a woman who are engaged to be married2 and a creditor has an insurable interest in the life of his debtor4 ,and this interest covers not only the amount of the indebtedness1 but also future advances1 and the cost of taking out and keeping up the insurance4 ,a partner who has advanced the capital of the business has an insurable interest in the life of his partner4 ,more generally any person who invests money relying on the efforts of another to produce a return has an insurable interest in such person's life4 ,a surety therefore has an insurable interest in the life of his principal2 an executor in the life of a person who has granted an annuity to the testator2 a common carrier even may insure against loss from injuries to passengers4 ,but the relationship between uncle or aunt1 nephew and niece and that of cousin is not sufficient to support a policy taken by one in the life of the other4 ,a policy may be assigned to one who has no insurable interest if made in good faith1 and not as a cloak for the procuring of insurance by one having no insurable interest4 ,this rule does not prevail everywhere1 but the courts which do not accept this rule usually protect the assignee who has paid the premiums to the amount of his payments1 while the estate of the insured takes the balance that may come from the insurer1 whenever the assignment of the policy is not invalid4 ,an assignment to one who has an insurable interest as relative1 creditor and the like1 is always valid4 ,a general agent1 says ,justice ,mc,clain1 may bind the company by an agreement as to rate of premiums1 or other terms of the contract1 even as against the express provisions of a policy subsequently issued1 there being no negligence on the part of the insured in failing to advise himself as to the terms of the policy2 but if the want of authority of the agent to vary the terms of the application is brought home to the applicant1 oral communications of the insured to the agent are not to be considered in determining the validity of the insurance4 ,if the agent has exceeded his authority as to the terms of the proposed contract1 the company cannot reject that part which the agent was without authority to make and enforce the rest1 but must accept or reject in toto4 ,until a proposition for insurance has been accepted by the company there is no contract4 ,delay in accepting an application which is subject to approval does not effect an acceptance4 ,there may be a binding contract of insurance as soon as the company has accepted the application1 or on the delivery and acceptance of it by the company's agent1 when he has authority to do so4 ,in order to complete the contract before issuing the policy there must be an agreement to this effect1 and before the death of the applicant4 ,the receipt by an agent for the first premium1 or of a note therefor1 subject to the approval of the application by the company1 does not effect a contract between insurer and insured4 ,some states have enacted statutes prescribing requirements for life insurance policies1 or standard forms4 ,delivery to a third person for the insured may be sufficient4 ,the contract becomes complete when the policy is put in the mail1 postage prepaid1 for delivery in due course to the insured4 ,delivery to the insured for examination of course does not effect any engagement on the part of the insurer1 nor does a delivery on condition4 ,it is often stated that the delivery shall not be effectual to create a contract unless the insured is alive and in good health when the policy is delivered and the first premium is paid4 ,indeed1 how could it be valid if the insurer is dead8 ,and if the contract is with a person other than the insured as beneficiary1 it would be void on the ground of mistake4 ,likewise1 under such a condition1 a policy does not become effective1 without a waiver1 if the insured is in ill health at the time of its delivery or payment of the premium4 ,unless waived by the company1 there is usually a stipulation to the effect that the company shall not become bound until the first premium has been actually paid and accepted by the company or its authorized agent4 ,but if the premium is actually paid by the agent of the company for the insured by virtue of an agreement between them1 this will bind the company4 ,the payment of the premium by a third person without the knowledge of the insured does not have the same effect4 ,a general agent has authority to waive the stipulation1 that the policy shall not take effect until the first premium is paid1 though of course he may be restricted in this regard1 but a special agent cannot waive this stipulation2 though if he acts otherwise and the company ratifies his act1 it is bound4 ,a provision also that a policy shall not be valid unless the premium is paid when the insured is in good health may be waived by an agent who has authority to take applications1 collect premiums and deliver policies4 ,passing to the nature of the contract1 if made in violation of a statute1 or if contrary to public policy and this is known by both parties1 it is void4 ,thus a stipulation that a policy shall be payable though the insured may be executed for a crime is contrary to public policy and is therefore void4 ,the same is true of a stipulation insuring against death by suicide while sane4 ,it is against public policy to allow one person to have insurance on the life of another without his knowledge4 ,a policy issued on a person beyond a specified age is prohibited by statute4 ,what is the effect of fraud in negotiating and issuing policies8 ,if the company or its agent perpetrates a fraud whereby one is induced to take out a policy1 he can at his option declare it void1 unless so negligent in acting as to work an acquiescence of it4 ,but if acting in a proper way and time he can set up fraud as a defense in an action to get the premium for which the contract has stipulated2 or he may sue to have the policy declared void and his premiums returned to him2 or he may bring an action against the company or its agent1 or both1 to recover the damages he may have sustained by the fraud that has been practiced on him4 ,on the other hand1 if the insured has been wronged1 the courts furnish relief1 and perhaps may set the policy aside4 ,mistake is a common ground of relief2 it must in all cases be clearly proved4 ,and if a policy is susceptible of two constructions1 the ambiguity is to be resolved in favor of the insured4 ,as the company framed the policy all of its provisions in its favor are strictly construed4 ,it may be added that the construction which the parties themselves have put upon a contract of life insurance will be generally followed in determining their intention4 ,again1 the entire contract is to be construed together for the purpose of giving effect to each clause and as between general and specific provisions relating to the same matter the specific provisions control4 ,in determining who is the beneficiary under the terms of a policy of life insurance the courts are governed by the intentions of the parties4 ,they need not be named if they can be otherwise identified1 and may be designated in a separate paper prepared for that purpose4 ,the amount named in the policy generally fixes the liability of the company4 ,to obviate the wager feature1 the amount of insurance effected for a creditor on the life of his debtor ought to be limited to the amount of the debt with interest and premiums during the expectancy of the life insured4 ,the risk is presumed to begin from the date of the policy and to continue until the happening of the contingency or time when payment is to be made by the insured4 ,it may be added that words or figures written or printed on the margin of a policy of life insurance1 on its back1 or on a slip1 with reference to the terms and conditions of the contract1 constitute a part of it and must be considered in deciding its meaning4 ,but representations made in a prospectus or circular issued by a life insurance company are no part of a contract4 ,the payment of premiums to a general agent without notice of any limitation of his authority to receive payments will bind the company1 but a different rule applies to a special agent4 ,the premiums may be paid by the insured1 or the beneficiary1 or by the agent of the company whenever he has agreed to pay them for the insuring party4 ,a discount allowed by the company for the punctual payment of premiums belongs not to the agent1 but to the insured4 ,cash is usually paid1 though other arrangements also exist for taking notes1 that are ultimately paid in cash or from the earnings of the company1 and belong to the insured and would be paid to him4 ,in mutual life insurance companies a portion of the premium is often paid in this manner4 ,a policy of life insurance payable to the insured1 or in the event of his death to his personal representatives1 may be assigned unless forbidden by statute1 therefore a policy payable to the wife of the insured1 or another may be assigned by the united act of the insured and the beneficiary4 ,thus a policy taken out for a wife's benefit is often assigned by her and her husband to his creditors to secure their debts4 ,in some states statutes forbid the assignment of such policies for the benefit of creditors4 ,the written assignment must be delivered to the assignee to be effective4 ,on some occasions assignments have been declared valid where the intention was clearly proved though both the written assignment and the policy remained in the possession of the assignor4 ,an assignee who holds a policy as security is entitled on its payment only to the amount of his claim and advances with interest1 including premiums paid to keep the policy alive and thus preserve his security4 ,more generally premiums paid for this purpose are chargeable on the proceeds of the insurance1 but a mere volunteer who pays the premiums acquires no lien on the proceeds of the policy when it is paid4 ,nor can one who ought to pay the premiums give a lien on the policy to another for money advanced by him to pay them2 and an assignee who has promised to pay the premiums may be liable should he fail to keep the policy alive4 ,contracts of reinsurance are often made by all insurance companies4 ,in some states the reinsuring company becomes liable to an action by the beneficiary named in the original policy4 ,where the reinsuring company1 by agreement1 undertakes to reinsure the members of the other company should they execute applications for that purpose1 any member who does this is not required to be reexamined or comply with other conditions respecting his age or health4 ,a policy may be canceled or surrendered by mutual agreement4 ,after the death of the insured the rights of the parties become fixed1 and there can be no cancellation4 ,during his lifetime the insured may abandon his contract by refusing to pay the premiums1 but an intention to abandon will not be presumed1 nor will the taking out of a second policy before his failure to pay the premiums on the other establish an abandonment4 ,if both parties treat the contract as void1 neither can revive it without the consent of the other4 ,as the beneficiary has a vested or definite interest in the contract1 the insured cannot1 by surrendering the policy1 cut off the rights of the beneficiary without his or her consent unless permitted to do so by the contract itself4 ,a surrender or cancellation of a policy may be avoided on the ground of mutual mistake4 ,but the insured cannot seek cancellation on the ground that he thought it was something else when his mistake was simply his own in not reading the release4 ,a policy may be rescinded whenever fraud has been practiced by either party4 ,thus1 should a greater premium be demanded than that stated in the contract this would be a good reason for rescinding on the part of the part of the insured4 ,likewise1 if he was induced to take out the insurance by the fraud of the company or its agent1 unless he has lost his right to rescind through inaction or negligence4 ,likewise1 the company may rescind for fraud practiced by the insured by misrepresentation or other fraudulent acts concerning his age1 health1 etc4 ,concealment of facts may and often does operate as a fraud on the company4 ,says ,justice ,mc,clain3 ,if the applicant has answered the questions asked in the application he is justified in assuming that no other information is desired4 ,on the other hand if he wholly fails to answer questions the company waives information as to matters thus asked for by accepting the application without objection4 ,if1 however1 the applicant purports to answer a question by giving only an incomplete answer1 concealing facts which should properly be stated in response to the question1 and these concealed facts are material1 the policy is voidable4 ,if a material change for the worse in the health of the applicant takes place after the application and medical examination1 it is the duty of the applicant to disclose it4 ,the failure to disclose facts of which the applicant is ignorant1 or which are immaterial to the risk1 is not ground for avoiding the policy4 ,when a policy is surrendered or canceled by the contract or by statute1 the insured may be entitled to the surrender value of his policy4 ,the amount is to be determined by the period for which the policy has to run1 the amount of the annual premium1 the age of the insured1 and the probability of the continuance of his life stated in the usual life tables4 ,the value of an immatured paid-up policy is the unearned premium called the reserve and is to be computed in the same manner as that of a policy on which annual premiums are paid4 ,the beneficiary is entitled to the surrender value as against the insured1 as well as the creditors1 unless the beneficiary has consented to giving them the preference4 ,by a clause in the contract of insurance or by statute1 the insured can convert his policy into a paid-up policy for such an amount as the premiums would have secured4 ,these conversions often happen where the insured is unable or unwilling to continue to pay the premiums required to maintain the policy4 ,formerly on the failure of the insured to pay1 policies lapsed or were forfeited1 and the insurance companies gained large sums from this source4 ,this led to legislation and to the creation of paid-up policies4 ,these are issued on somewhat different terms1 but the principle in all of them is the same4 ,minor4--,the contracts of a minor are of two kinds1 those for necessaries and other things4 ,contracts for necessaries made by him the law will uphold4 ,they are really implied contracts which the law will sustain for his benefit and protection4 ,what are necessaries is a question of fact1 not always easily answered4 ,much depends on a minor's place in society and condition4 ,the question is for a jury to decide1 also whether the prices for them are reasonable or not4 ,one of the well-known cases occurred many years ago4 ,the bill against the minor was for more than a thousand dollars for twelve coats1 seventeen vests1 twenty-three pairs of trousers1 five canes1 fur caps1 chip hats and other things1 in less than six months4 ,the jury rendered a verdict for almost the entire amount1 but the reviewing court remarked that the bill made the members shudder1 that the seller must have known that all these things were not needed for the minor's comfort within that short period1 and the verdict was therefore set aside4 ,the question is constantly arising1 what are necessaries8 ,a thing might be to one and not to another4 ,thus a bicycle merely for pleasure would not be a necessity2 one that is used to go to and from an individual's daily work would be4 ,a dentist's bill for repairing one's teeth has been disputed1 the law1 though1 generally favors the preservation of human teeth4 ,education furnished to a minor may be a necessary thing1 yet only when it is suitable to his wants and condition4 ,should a minor repudiate a contract1 the law is observed if he restores all that he has received1 or that is capable of restoration4 ,with respect to contracts for other things1 they are not always void1 but may be avoided4 ,if they have not been executed1 he can disavow them at any time4 ,if nothing is done during infancy inaction operates generally as an affirmation4 ,if he disaffirms a contract1 he must return the thing purchased or received1 or make the best restitution he can1 for it would not be just to retain possession and refuse payment4 ,a different rule applies to a minor who makes a fraudulent contract4 ,suppose he buys goods assuring the seller that he is twenty-one years of age when in fact he is not1 though nearly so4 ,can the seller recover on his contract8 ,no1 but the law has another way of reaching him4 ,he is liable in an action of deceit1 and the amount or damage that may be recovered is that of the goods sold to him4 ,a minor who has a parent or guardian cannot make a contract even for necessaries1 nor is he under any obligation to pay his bills for them4 ,should he be in need of such things and his guardian or parent be unwilling to furnish them1 they can be compelled by law if having the means to provide him with whatever he requires4 ,mortgage4--,two kinds of mortgages are given1 one kind is secured by real estate1 the other kind by personal property4 ,in both the borrower of money pledges his property as security while the money remains unpaid4 ,during this period he usually remains in possession and control of the property1 though not always4 ,the borrower is called the mortgagor1 the lender the mortgagee4 ,the contract is in writing sealed1 is in fact a deed4 ,sometimes the contract is in two writings1 the conveyance of the land and security in one1 and the conditions or defeasance on which the conveyance is made in another4 ,it is more usual1 however1 to set forth the transaction in a single writing or conveyance4 ,a mortgage may be so made as to cover future advances1 but it will not cover them in preference to advances or loans made by another without any knowledge of them4 ,nor need another person who makes such a loan inquire whether a mortgagor has made any other loan1 or for a larger amount than that stated on the public record1 where the mortgage deed is recorded4 ,for1 it should be added1 a mortgage deed is recorded like any other for the benefit of all parties1 not only to secure the mortgagee from a later purchaser who might buy if knowing nothing of the prior mortgage1 but from another who might be willing to lend on such security like himself2 or from a creditor of the mortgagor who might attach the property as belonging to him1 if he did not know of the existence of the mortgage4 ,as the record is public1 and may be examined by everyone1 all who are interested in the property are supposed to examine it and thus find out whether it has been mortgaged1 and if it has been1 the conditions of the mortgage1 and if they do not1 their neglect is their own4 ,improvements1 additions of every kind to property after it has been mortgaged1 become a part of it1 and if the mortgagee takes future possession1 they pass to him4 ,but a difficult question arises sometimes1 what additions or improvements are included8 ,we have learned what they are whenever a tenancy relation exists4 ,the law does not favor a mortgagor to the same extent4 ,the test to apply is that of intention4 ,if a mill has been mortgaged1 the rule is very broad and the mortgage covers machinery attached by bolts and screws though removable without injury to the premises4 ,if a mortgage has been given1 by no evidence can it be shown that the deed was intended as an absolute or entire conveyance of the property4 ,on the other hand by proper evidence it can be shown that an absolute conveyance was intended to be only a mortgage4 ,this has been often done4 ,one may ask1 why does the rule not work both ways8 ,there is a much stronger probability of making a mistake in the second case than in the other4 ,one of the facts of great importance in such a dispute is the amount of the consideration or money paid4 ,suppose a piece of land was worth #ajjj and the deed mentioned only #ajj1 unless there was some other explanation1 there would be a strong probability that the parties intended only a mortgage which for some reason or other was not completed4 ,again1 it is a rule of law that an agreement which is in fact a mortgage cannot be changed in character by any other agreement made at the time between the parties relating to the repayment of the money and the return of the property4 ,the law presumes that the entire transaction was embodied in the agreement4 ,once a mortgage always a mortgage4 ,of course this rule does not prevent the parties from making any later arrangement they please about the property4 ,a mortgage may be made with a power of sale whereby1 should the debt be not paid at the time fixed1 a valid title may be acquired by a purchase from the mortgagee4 ,the mortgagee thus becomes a kind of trustee or agent for the debtor4 ,this is a great responsibility to repose in the mortgagee1 and he must perform the trust in good faith in every respect4 ,he must proceed in a way that will best serve the interest of the mortgagor1 and strictly observe the terms stated in the mortgage1 otherwise the sale will not be valid and the mortgagor can recover his property4 ,if there is a surplus after satisfying the mortgage debt it must be paid to the mortgagor1 or1 if he is dead1 to his heir4 ,such deeds of trust are made by large corporations to secure loans1 and may be made to secure future advances as well as present ones4 ,if the property is sold to satisfy the mortgage debt1 the mortgagee cannot purchase it1 unless authorized by statute1 or by the terms of the mortgage2 but if it is sold by an officer of the law1 the mortgagee is as free to purchase it as any other individual4 ,this rule1 though1 is denied by some courts1 which hold he cannot because the officer is acting as the mortgagee's agent4 ,a vendor or seller of property1 may have for the money he is to receive a lien1 which is nearly the same thing as a mortgage4 ,a subsequent purchaser would be affected by this lien1 however innocent he might be of its existence4 ,but if the purchaser should mortgage the property to a third person1 who should put his deed on record1 he would gain a valid lien over the vendor4 ,this lien is founded on the idea that the vendor holds the land in trust for the purchaser until he has paid for it1 but is not recognized in every state4 ,it is reasonable to suppose that the owner will not sell his land until he has been paid1 or the purchase money has been secured4 ,the lien will also prevail against any assignment that the vendor may make for the benefit of creditors1 provided he enforces his lien before the assignee begins to execute his trust4 ,much has been said about the notice of the vendor's lien4 ,any reasonable notice will suffice1 but what is such a notice to charge1 for example1 a second purchaser with knowledge8 ,payment of a part of the money is held to be knowledge of the lien4 ,again1 a vendee who has paid any part of the purchase money before the delivery of the deed to him has a lien for the amount advanced4 ,a third party who pays the purchase money to the vendor for the purchaser and takes a note for the amount does not have such a lien4 ,the mortgagor in most states is regarded as the real owner and remains in possession2 and the mortgagee has a lien1 or security for his advance of money or whatever it may be4 ,the mortgagor may sell his land at any time subject to the mortgage1 in other words he cannot by any sale impair the mortgagee's security4 ,on the other hand1 the mortgagee can transfer1 sell or assign his mortgage to another1 and this is often done4 ,both parties may insure the premises though the mortgagee cannot exceed his debt4 ,if they are destroyed by fire1 the mortgagor cannot claim to have the insurance applied in liquidation of the mortgage debt4 ,the mortgagee1 therefore1 can first collect the insurance money and then proceed to collect the debt that is due to him from the mortgagor4 ,if the sums collected from the two sources exceed the amount advanced to the mortgagor that is only the mortgagee's affair4 ,but if he insures the property at the mortgagor's request or at his expense1 then the mortgagor would have the benefit of the insurance4 ,frequently several mortgages are made of the same property4 ,the one that is the first recorded has the first lien1 the one recorded next the second lien1 and so on4 ,and if the property is subsequently sold to pay the mortgage1 the first mortgagee has the first claim to the money received1 the second mortgagee next and so on4 ,if there is not enough to pay all1 the last mortgagee is the first to be cut off1 or to receive less than the full amount due to him4 ,if a testator devises mortgaged land1 is the devisee or person who receives the land also entitled to the money due from the mortgagor8 ,generally1 but not everywhere4 ,a bequest of money securities includes a note secured by mortgage4 ,the mortgagor's interest in the land on his death1 if leaving no will directing who shall take it1 goes to his heirs1 and not to his executor or administrator like other personal property4 ,of course1 if there were no other property that could be used to pay his debts1 if he had any1 it could be claimed and taken by his creditors for that purpose4 ,the mortgage usually states a time for paying the debt1 and if the terms are not observed1 the mortgagee may proceed to take the property4 ,this he cannot do in an arbitrary way1 except in the case of mortgages in which the mortgagee is entrusted with power to sell the property and apply the money in payment of the debt4 ,in other cases the mortgagee must apply to the court to fix a time for the sale of the property1 if the mortgagor fails to make payment4 ,the courts usually give the mortgagor a period of several weeks or months to pay1 and if payment is not made at the end of this period1 the land is sold by an officer of the court1 who conveys the title to the new purchaser1 and if there is any surplus left after satisfying the mortgage1 this is returned to the mortgagor4 ,if there is a deficit1 he is still liable therefor4 ,any person who is interested in a mortgaged estate has the right to redeem it2 heirs1 devisees1 creditors4 ,on the death of a mortgagor his heirs may call his executor or administrator to pay the mortgage out of the personal estate if there is any1 and not from the sale of real estate1 because it was given1 so the law presumes1 for the benefit of the personal estate belonging to the mortgagor4 ,or1 if the land has been given to a devisee1 he can require the executor or administrator to pay the mortgage4 ,again1 if two persons are jointly liable for the debt1 and one of them pays it1 he may call on the other to contribute his portion4 ,see ,chattel ,mortgage4 ,negotiable ,paper4--,by negotiable paper is meant paper that can be sold and transferred4 ,the law on this subject is now regulated by a statute that is nearly uniform in almost all the states of the ,union4 ,the courts are constantly applying it1 and in doing so are putting their meaning or interpretation on the words of the statute4 ,thus far they have looked with quite similar eyes1 and no serious differences have arisen4 ,the statute declares that a promissory note must be in writing and signed by the maker or drawer2 that it must contain an unconditional promise or order to pay a certain sum of money on demand1 or at a fixed future time to order or to bearer4 ,and if the note is addressed to a drawee he must be named or indicated with reasonable certainty4 ,a note may be written payable with interest or by stated installments1 or with exchange1 or with costs of collection1 or an attorney's fee in case payment shall not be made at maturity4 ,an unqualified order or promise to pay is unconditional within the meaning of the law even though it indicates a particular fund from which it is to be paid1 or a statement of the transaction on which the note is based4 ,thus the indorsement of the words per contract on the back of a note written at the time of its execution does not affect its negotiability4 ,a note payable at a fixed future time may be at a fixed period after date or sight1 or on or before a fixed future time specified therein1 or on or at a fixed period after the occurrence of a specified event which is certain to happen1 though the time of happening be uncertain4 ,a note that is payable on a contingency is not negotiable1 and the happening of the event does not cure the defect4 ,likewise a note which contains an order or promise to do any act in addition to the payment of money is not negotiable4 ,to this rule1 though1 are some exceptions4 ,thus a note may be negotiable that authorizes the sale of collateral securities that have been delivered to the holder if the note is not paid at maturity4 ,but a note stating that the title to property for which it is given shall remain in the payee1 and that he shall have the right to declare the money due and take possession of the property whenever he may deem himself insecure even before the maturity of the note1 is not negotiable4 ,again1 the validity and negotiable character of a note is not affected by the fact that it is not dated1 or does not specify the value given or the place where it is drawn1 or the place where it is payable1 or bears a seal1 or designates a particular kind of current money in which payment is to be made4 ,furthermore1 a note is payable on demand when it is thus stated1 or is payable at sight or on presentation4 ,also an overdue note accepted or indorsed is regarded as payable on demand1 so far as the maker is concerned4 ,a note may be drawn payable to the order of a specified person1 or to him or his order1 or it may be drawn payable to the order of a payee who is not the maker1 drawer or drawee1 or it may be drawn payable to the order of the drawer or maker1 or to the drawee1 or to two or more payees jointly1 or to one or some of several payees1 or to the holder of an office for the time being4 ,again1 a note is payable to the bearer when it is thus expressed1 or to a person named therein or bearer1 or when it is payable to the order of a fictitious or non-existing person1 and the fact is known to the person making it so payable1 or when the name of the payee does not purport to be the name of any person1 or when the only or last indorsement is an indorsement in blank4 ,on one occasion funds were deposited in a bank in the name of a federal disbursing agent under treasury regulations that any check drawn by a disbursing office upon moneys thus deposited must be in favor of the party by name to whom payment is to be made and payable to order4 ,the disbursing officer fraudulently drew checks payable to fictitious payees and cashed them under forged indorsements of the fictitious payees' name4 ,the court held that the checks were not payable to bearer and that the bank was not protected in paying them4 ,a note is not invalid for the reason only that it is ante dated or post dated1 provided this is not done for an illegal or fraudulent purpose4 ,the person to whom it is delivered acquires the title from the date of delivery4 ,if a note expressed to be payable at a fixed period after the date is issued undated1 or the acceptance of such a note is ante dated1 the holder may insert the true date of issue or acceptance4 ,nor does the insertion of the wrong date avoid the note in the hands of a regular subsequent holder4 ,more generally1 when a note is wanting in any particular material1 the holder or possessor has the authority to complete it by filling up the blanks4 ,this authority extends to every incomplete feature of the note and may be used for inserting the date1 amount1 name of the payee1 and time and place of payment4 ,when authority is conferred on another to fill blanks it must be strictly followed4 ,if a note is drawn payable with interest at the rate of per cent1 it draws interest at the legal rate1 although the blank is not filled4 ,the presumption that a note was completed before it was signed and not afterwards does not arise in a note written in several inks and by different hands4 ,and the purchaser of a note with an unfilled blank is put on inquiry respecting the authority of a person entrusted with an incomplete note4 ,thus ,a signed blank forms of notes and left them with his attorney1 but with no authority to complete and issue them until instructed4 ,the attorney filled them up without further instructions and issued them to a person who knew they had been signed1 that the attorney had a power of attorney to act for ,a1 but did not attempt to read or otherwise ascertain its terms4 ,a was not prevented from denying the validity of the notes4 ,in another case a person who signed a number of notes in blank as to date1 payee and amount1 and left them in his desk in his office1 whence they were stolen1 filled in and indorsed to ,b for value before maturity and without notice of any defects1 was nevertheless not liable on them4 ,when therefore an incomplete instrument has not been delivered it cannot be completed and negotiated without authority1 and if it is1 it is not a valid contract in the hands of any holder as against the person whose signature was placed thereon before delivery4 ,every contract on a negotiable note is incomplete and revocable until its delivery4 ,as between the immediate parties1 and also a remote party other than a holder in due course1 the delivery1 in order to be effectual1 must be made either by the authority of the party making1 drawing1 accepting or indorsing as the case may be4 ,the delivery may be shown to have been conditional1 or for a special purpose only1 and not for the purpose of transferring the property of the note4 ,but where the note is in the hands of a holder in due course1 a valid delivery thereof by all parties prior to him is conclusively presumed4 ,when the language of a note is ambiguous the following rules of construction are applied3 7a7 if there is a discrepancy between the words and figures in expressing the amount1 the words control1 if the words are ambiguous or uncertain1 reference may be had to the figures to fix the amount2 7b7 if the note provides for paying interest without specifying the date from which it is to run1 the interest runs from the date of the note1 if this is undated1 from the issue of it2 7c7 if not dated a note will be considered as dated from the time of issue2 7d7 if there is a conflict between the written and printed provisions1 the former will prevail2 7e7 if it is doubtful whether the instrument is a bill or note1 the holder may elect which it shall be2 7f7 it is not clear in what capacity the person making the note intended to sign he is to be deemed an indorser2 7g7 when a note containing the words ,i promise to pay is signed by two or more persons1 they are deemed to be jointly and severally liable thereon4 ,the signature of any party may be made by a duly authorized agent4 ,no particular form of appointment is necessary for this purpose1 and the authority of the agent may be established as in other cases of agency4 ,if1 however1 one signs as agent without disclosing his principal1 he is personally liable4 ,thus1 a husband signed a note in his own name without adding more4 ,as he had disclosed no principal1 he was personally bound1 and his wife1 for whom he claimed to have signed the note1 was not liable4 ,the maker of a note added to his signature1 ,pastor of ,st4 ,frances' church4 ,this was regarded as his personal note1 all besides his name were words merely of description4 ,a person signed a note thus3 ,estate of ,william ,r4 ,clark by ,william ,r4 ,clark1 ,jr41 ,trustee4 ,as he was not authorized to borrow on behalf of the trust and give a note as trustee1 he was individually liable notwithstanding the form of the note4 ,where the signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative4 ,thus ,a cashed a number of drafts and checks payable to ,b's order on a forged indorsement of ,b's name by ,b's bookkeeper1 who appropriated the money to his own use4 ,nevertheless1 ,b recovered the amount of the drafts and checks from ,a1 nor was his negligence in not examining the bookkeeper's books or accounts a good defense4 ,in another case before a note was delivered to and accepted by the payee1 ,a1 whose name appeared on the back1 was shown the note who said1 ,everything is all right4 ,afterward he resisted payment on the ground of forgery4 ,as the payee was induced to take the note on ,a's statement of its genuineness1 he could not escape payment4 ,every negotiable note is deemed to have been issued for a valuable consideration1 and every person1 whose signature appears thereon1 to have become a party for the value4 ,an accommodation party is one who has signed the note as maker1 drawee1 acceptor or indorser without receiving value therefor1 and for the purpose of lending his name to some other person4 ,such a person is liable on the note to a holder for value1 though the latter knew he was only an accommodation party4 ,what is meant by negotiating a note8 ,by transferring it in a way whereby the transferee becomes the holder or owner4 ,if payable to bearer it is negotiated by delivery2 if payable to order it is negotiated by indorsement and delivery4 ,an indorsement may be either special or in blank2 and it may also be either restrictive1 or qualified1 or conditional4 ,a special indorsement specifies the person to whom1 or to whose order the note is payable4 ,an indorsement in blank specifies no indorsee1 and a note thus indorsed is payable to bearer and may be negotiated by delivery4 ,the holder may convert a blank indorsement into a special one by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement4 ,by a qualified indorsement the indorser becomes a mere assignor of the note1 and is made so by adding to his signature the words without recourse1 or others of similar import4 ,such an indorsement does not impair the negotiable character of the note4 ,when a note is payable to the order of two or more payees or indorsers who are not partners1 all must indorse unless the one indorsing has authority to indorse for the others4 ,again1 where a note is drawn or indorsed to a person as cashier or other fiscal officer of a bank or corporation of which he is the officer1 it may be negotiated by either the indorsement of the bank or corporation or by the indorsement of the officer4 ,and where the name of a payee or indorser is wrongly designated or misspelled he may indorse the note as therein described1 adding1 if he thinks fit1 his proper signature4 ,the holder may at any time strike out any indorsement which is not necessary to the title4 ,when this is done1 he and all subsequent indorsers are thereby relieved from liability on the note4 ,the holder of a negotiable note may sue thereon in his own name2 and payment to him in due course discharges it4 ,who is a holder in due course8 ,one who holds a note on the following conditions3 7a7 that it is complete and regular on its face2 7b7 that he became the holder before it was overdue and without notice that it had been dishonored2 7c7 that he took it in good faith and for value2 7d7 that at the time of its negotiation to him he had no notice of any infirmity in the note or defect in the title of the person negotiating it4 ,a note therefore1 providing that any delinquency in the payment of interest shall cause the whole note to immediately become due and collectable is made overdue by the maker's failure to pay the interest when due1 and a subsequent taker cannot be a holder in due course4 ,to constitute notice of an infirmity in a note or defect in the title of the person negotiating it1 the person to whom it is negotiated must have had such actual knowledge of the infirmity or defect that his action in taking the note amounted to bad faith1 but merely suspicious circumstances are not enough to put a prudent man on inquiry4 ,on the other hand if the purchaser does suspect and fails to investigate1 lest a defense be disclosed to the maker of the note1 he is not a purchaser in good faith4 ,the maker of a note engages that he will pay it according to its terms and admits the signature of the payee and his capacity to indorse1 and engages that on due presentation the draft will be accepted or paid or both1 according to its terms1 and that if it is dishonored1 and the needful proceedings in consequence are taken1 he will pay the amount4 ,a person placing his signature on a note otherwise than as maker1 drawer or acceptor is deemed to be an indorser unless he clearly indicates his intention to be bound in some other way4 ,the ,negotiable ,instruments ,act fixes the liability of a person who is not a party to a note1 and who indorses it before delivery4 ,the law was in great confusion before this act established a definite rule4 ,such a person is now liable as indorser in accordance with the following rules3 7a7 if the note is payable to the order of a third person1 he is liable to the payee and to all subsequent parties2 7b7 if payable to the order of the maker or drawer1 or if payable to bearer he is liable to all parties subsequent to the maker or drawer2 7c7 if he signs for the accommodation of the payee he is liable to all parties subsequent to the payee4 ,presentment for payment is not necessary in order to charge the person primarily liable on a note1 but if it is payable at a mentioned place and he is able and willing to pay it there at maturity1 such action is equivalent to a tender of payment on his part4 ,presentment for payment1 of course1 is needful to charge the drawee and indorsers4 ,when the note is not payable on demand1 presentment must be made on the day it falls due4 ,when it is payable on demand1 presentment must be made within a reasonable time after its issue4 ,this rule does not apply to all bills of exchange4 ,thus unreasonable delay in presenting a check will discharge the indorser whether such delay is a cause of loss to him or not4 ,likewise a certificate of deposit payable on demand must be presented for payment within a reasonable time after its issue in order to hold the indorser4 ,the usage of trade or business includes the usage of banks relating to presentment of checks for payment4 ,it is sufficient diligence to charge an indorser if a check on the bank in another place is forwarded through various banks for collection in accordance with the regular usage of the business1 although presentment might have been more promptly made if a more direct course had been taken4 ,presentment for payment must be made by the holder or by some person authorized by him to receive payment1 at a reasonable hour on a business day and at a defined place1 and to the person primarily liable thereon4 ,and if he is absent or inaccessible then to any person who is at the place where presentment is made4 ,if a note is payable at a bank the payor has until the close of banking hours to pay it1 and if1 before the close of the bank day1 he deposits money enough to pay it a demand earlier in the day is premature4 ,delay for presenting a note for payment is excused where the delay is caused by circumstances beyond the holder's control1 and he is in no way negligent4 ,nor need presentment for payment be made when after using reasonable diligence it cannot be made1 or where the drawee of a bill is a fictitious person1 and lastly where presentment1 express or implied1 has been waived4 ,every negotiable note is payable at the time fixed therein4 ,when the day of maturity falls on ,sunday or a holiday1 the note is payable on the next succeeding business day4 ,notes falling due on ,saturday are to be presented for payment on the next succeeding business day1 except that notes payable on demand may1 at the option of the holder1 be presented for payment before twelve o'clock noon on ,saturday when that entire day is not a holiday4 ,when the note is payable at a fixed period after the date1 after sight1 or after the happening of a specified event1 the time of payment is determined by excluding the day from which the time is to begin to run1 and includes the date of payment4 ,and where a note is made payable at a bank it is equivalent to an order to the bank to pay it for the account of the principal debtor thereon4 ,in accordance with the notation on the margin of a note the holder sent it for collection to a bank which held1 as a special deposit1 the maker's money4 ,the cashier at maturity notified the maker who directed the cashier to pay the note4 ,the cashier said ,all right1 your note is paid4 ,the note was regarded as paid4 ,when a negotiable note has been dishonored by non-acceptance or non-payment1 notice of dishonor must be given to the drawer and to each indorser1 and any drawer or indorser to whom such notice is not given is discharged4 ,a written notice need not be signed and an insufficient notice may be supplemented by verbal communication4 ,nor does misdescription of the note vitiate the notice unless the party to whom the notice is given is in fact misled thereby4 ,the notice may be in writing or merely oral1 and may be given in any terms which sufficiently identify the note and indicate that it has been dishonored by non-acceptance or non-payment4 ,it may be delivered personally or through the mails4 ,where the parties to be notified are partners1 notice to any one of them is notice to all even though there has been a dissolution4 ,but notice to joint parties who are not partners must be given to each of them1 unless one of them has authority to receive the notice for the others4 ,when the person giving1 and the person who is to receive notice reside in the same place1 it must be given within the following times3 7a7 if given at the place of business of the person who is to receive notice this must be done before the close of the business hours on the day2 7b7 if given at his residence it must be given before the usual hours of rest on the day following2 7c7 if sent by mail it must be deposited in the post office in time to reach him in usual course on the day following4 ,if the parties reside in different places the notice must be sent within the following times3 7a7 if sent by mail it must be deposited in the post office in time to go by mail the day following the day of dishonor1 or if there be no mail at a convenient hour on that day by the next mail thereafter2 7b7 if given otherwise than through the post office then within the time notice would have been received in due course of mail if it had been deposited in the post office had it been deposited in the post office as above described4 ,if a party had added an address to his signature the notice must be sent to that address1 if he has not1 then the notice must be sent as follows3 7a7 either to the post office nearest to his place of residence or to the post office where he is accustomed to receive his letters1 or if he lives in one place and has his place of business in another1 notice may be sent to either place1 or if sojourning in another place1 the notice may be sent there4 ,in any event if he receives the notice within the time specified1 it will satisfy the law4 ,of course notice may be waived2 sometimes1 also1 it is quite impossible to give notice2 whenever this happens the law does not require notice to be given4 ,something should be added concerning alterations that are made occasionally in negotiable instruments4 ,any alteration which changes the date1 the sum payable either of principal or interest1 the time or place of payment1 the number or the relations of the parties1 the medium or currency in which payment is to be made1 or which adds a place of payment where no place of payment is specified1 or any other change or addition which alters the effect of the instrument in any respect is a material one and ought not to be made4 ,to add the words with interest1 with or without a fixed rate1 is a material alteration4 ,but the insertion by the payee of the words interest after the making of a note by authority of maker will not vitiate it4 ,and if a note had the clause1 interest at per cent1 the insertion of the legal rate would not be a material alteration since the legal import would not be changed4 ,the position of a writing on a note is not important1 for the effect of the contract is to be gathered from the four corners of the paper4 ,the general rule is1 if a memorandum written on an instrument in the margin or at the foot is made before or at the time of its execution1 it is considered a part thereof1 and if it affects the operation of the terms of the body of the instrument it is a material part4 ,it follows that words written by a party on the margin of an instrument after its execution and delivery1 constitute an alteration if intended to affect the terms of the instrument and would have such effect if they were there when the instrument was executed4 ,a bill of exchange is an unconditional order in writing addressed by one person to another1 signed by the person giving it1 requiring the person to whom it is addressed to pay on demand or at a fixed determinable future time a certain sum of money to order or bearer4 ,a bill of itself does not operate as an assignment of the funds in the hands of the drawee available for its payment1 nor is the drawee liable on a bill until he accepts or agrees to pay it4 ,an inland bill is one drawn and payable within a state4 ,any other is a foreign bill4 ,an indorsed promissory note and an accepted bill are very much the same thing1 and that is why the law always treats of both together4 ,the maker of a note incurs the same obligations as the acceptor of a bill1 both are the parties primarily liable thereon1 and the indorser of a note and the drawer of a note are both secondarily liable on proper notification of the failure of the primary parties to pay1 as we have learned4 ,the payees in both cases are the same4 ,the acceptance of a bill is the signifying by the drawee that he has assented to the drawer's order1 and must be in writing4 ,an unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who on the faith thereof receives the bill for value4 ,the drawee is allowed twenty-four hours after presentment to decide whether or not he will accept the bill2 but the acceptance1 if given1 dates from the day of presentation4 ,furthermore1 an acceptance may be qualified as to time1 acceptance of payment in part only and in other ways4 ,when a foreign bill is not accepted it must be protested1 which must specify the time and place of presentment1 and other particulars1 and is usually made by a notary public1 though this can be done by other persons4 ,parent and ,child4--,a parent is legally as well as morally bound to support his children who are incapable to care for themselves4 ,should a wife be divorced from her husband his duty to maintain the children would not fall on her1 unless she also had the custody of them4 ,a father's obligation to maintain his child continues until he is able to provide for himself4 ,the legal obligation ceases by common law as soon as a child attains majority1 however helpless he may be or great may be his father's wealth4 ,a child that has property of his own1 while his father's means are not enough1 may be supported from his own means4 ,even the principal may be used in this manner4 ,generally if the father has ample means1 he must use them to educate his child4 ,when the father can use the child's fortune and how much1 is sometimes a difficult question to answer4 ,the education of a child is now largely regulated by statute4 ,a parent may protect his child1 even a homicide is justifiable4 ,a parent can also correct his child4 ,says an excellent authority3 ,the rights of parents result from their duties4 ,as they are bound to maintain and educate their children1 the law has given them such authority1 and1 in support of that authority1 a right to the exercise of such discipline as may be requisite to the discharge of the sacred trust4 ,see ,adopted ,child2 ,husband and ,wife4 ,partnership4--,there may be a partnership in a single transaction1 for example1 to buy and sell a load of potatoes4 ,persons may be liable as partners to others who had no intention of creating that relation4 ,if ,a acts in such a way by speech or deeds as to create the belief in ,b that he is a partner1 and thus believing ,b sells goods to the partnership1 ,a is liable as a partner for them4 ,on the other hand if ,b knew that ,a was not a partner1 he could not hold him as one4 ,in many cases it is difficult to determine whether one is a partner or not4 ,many tests have been applied4 ,the most general is that of intention4 ,simply sharing in the profits and losses will not always suffice4 ,this was long considered a proper test but it broke down after many applications4 ,thus1 suppose a clerk is paid by giving him a fixed percentage of the profits as a compensation1 is he a partner8 ,he was so regarded on one occasion1 and the firm having failed he was made liable for all its debts4 ,that is one of the consequences attending the relation1 every partner is liable for the entire indebtedness of the amount he may have contributed4 ,the clerk contributed nothing1 nevertheless he was liable like the others4 ,today the courts would decide such a case differently4 ,it would inquire whether the partners intended to make him a partner1 or only gave him a share of the profits as a mode of paying him for his service4 ,the recent ,partnership ,act contains this test4 ,a partnership may usually hold any kind of property1 real and personal1 and not infrequently is formed to cultivate or deal in land4 ,a partner is a general agent4 ,hence the risk of creating the relation4 ,being a general agent he can bind his partnership for any acts within the scope of his authority4 ,yet there are limitations4 ,if a partnership was engaged in selling dry goods1 a partner could hardly bind his partners by making a contract with a person for a quantity of iron1 unless it was needed in rebuilding the store1 or in some other connection with the business4 ,he can make and indorse negotiable paper that is used in connection with the business4 ,suppose he borrows money on his own note and he gives the money to his firm1 is it responsible for the amount8 ,this has proved a hard question for the courts4 ,if the money though loaned on his note was for the benefit of the partnership1 and it was known at the time that it was to be used in that way1 the partnership would be liable2 but if the money was to be used by the borrower and this was known and believed by the lender he could look only to the borrower for payment4 ,the receiving of a new member constitutes a new partnership4 ,it may reorganize the old partnership and become responsible for its debts1 or it may not4 ,unless recognized in some way by paying interest on them and the like1 the new member does not become responsible for them4 ,a partnership is formed usually by a definite agreement that is put in writing4 ,yet it may be simply an oral agreement with very general terms about the contribution of capital or skill of the respective partners and their division of profits4 ,they may and usually do have distinct fields of employment1 each doing the thing for which he is1 or supposed to be1 best prepared4 ,by reason of their general liability1 in the olden days persons who wished to thus engage and yet not be responsible1 were kept in the background1 and were known as secret and dormant partners4 ,if found out they were liable because they were to share in the profits4 ,the fact that they were unknown when credit was given to the partnership at the time of selling goods to the concern did not shield them from liability after the discovery of their relation4 ,the difficulty has since been removed in two ways1 by incorporating the partners into a corporation whose powers and liabilities are fixed by law and therefore known to all1 and by forming limited liability partnerships4 ,these consist of two or more general partners1 also special partners who contribute an amount of capital1 of which the public is publicly informed4 ,if such an association is unsuccessful1 the special partners may indeed lose all1 or a part of the capital they have contributed1 but are liable for no more4 ,this is a great improvement over the secret and dormant methods of getting the capital needed for partnership purposes4 ,one of the matters that should be carefully guarded in forming a limited liability partnership is to contribute the full amount of capital advertised4 ,if any deception is practiced1 or mistake made1 whereby a smaller amount is contributed1 should the partnership not succeed1 the special partners become liable as general partners for the full amount4 ,once such a partnership was formed with three special partners who contributed each #ajj1jjj1 and at the end of two years were told that their profits individually were #fj1jjj4 ,each was asked to contribute #ajj1jjj more1 and feeling happy over his venture1 he put in #dj1jjj more1 which1 added to his profits1 made up the required amount4 ,when the concern failed a few years afterwards the books showed that neither special partner was ever entitled to #fj1jjj as profits4 ,though innocent1 for they had never examined the books1 they were held as general partners for the entire indebtedness of the concern4 ,an illegal contract made by a partner will not bind his partnership1 for all parties are supposed to know the law1 and an illegal bargain cannot be enforced1 for example1 an agreement to pay usurious interest4 ,how may a partnership be dissolved8 ,unless the time is fixed by agreement1 it may be dissolved by any member whenever he pleases to do so1 though he cannot act wantonly to the manifest injury of the others without making himself responsible for their loss4 ,and if a partner should attempt to transfer his interest before the time fixed for ending the relation without good reason1 to the manifest injury of the other partners1 he can be legally restrained from taking such action4 ,the death of a partner causes a dissolution4 ,nor can executors or administrators succeed to his place1 though they often do so for a short period to prevent the interruption of the business and to enable all parties to fare better than they would by its sudden ending4 ,yet it is awkward for these officials to thus act1 and in so doing they incur an unpleasant personal responsibility4 ,to relieve them from this some states have passed statutes permitting them to thus act with the other partners under the direction and orders of the court having charge of the estate4 ,a partner who retires should give notice of his retirement to relieve himself from future liability4 ,for1 should he neglect1 and persons continued to sell on credit to the firm1 supposing he was a member1 he would be liable as before4 ,the statutes in some states regulate his duty in this regard2 it is one that he cannot safely omit4 ,should a partnership fail1 the general rule with respect to the assets is the partnership property must be used to pay partnership debts1 and the individual property of partners to pay their individual debts4 ,if a partner has anything left after paying his individual debts1 it must be devoted to paying the partnership debts4 ,if the partnership has anything left after paying its debts1 this belongs to the partners in accordance with their agreement in contributing it and the earnings1 and must be devoted to the payment of their individual debts4 ,lastly concerning the authority of a liquidating partner4 ,he can do many things1 give renewal notes1 make indorsements1 collect debts due the partnership1 and even revive an outlawed debt4 ,of course the affairs of a partnership may be settled by some other person than a partner2 not infrequently a receiver is appointed who acts under the order of the court that appointed him4 ,an agreement between a liquidating partner and the other partners1 to take all the property and pay all the debts1 is limited in its effect to themselves and does not affect others4 ,after the partnership assets have been transferred to a liquidating partner1 or to any other person for liquidation1 a debtor who has notice of the transfer is not justified in making a settlement with any one else4 ,and if he should do so1 the liquidator could require him to pay again to himself4 ,patent4--,in the ,united ,states the thing patentable is a new and useful art1 machine1 manufacture or composition of matter1 or new and useful improvement thereof1 or new1 original and ornamental design for an article of manufacture4 ,an idea1 principle or law of nature is not patentable1 but only the means for utilizing the idea or principle4 ,many a great discovery has slipped away from the inventor or discoverer1 because he sought to hold the discovery or invention of the principle as his own1 instead of limiting his claim to the means or methods of putting his principle into use4 ,morse's invention of telegraphy is one of them4 ,an art or process is patentable as well as machinery1 though the inventor may not know the abstract principles involved in his art4 ,but he must know and describe the steps by which the result is accomplished4 ,a composition of matter is a mechanical mixture or chemical combination of two or more substances2 and an improvement is an addition to1 or change in1 a known art1 machine1 manufacture or composition of matter1 which produces a useful result and is patentable if it amounts to invention4 ,lastly a patentable design may consist of a new and ornamental shape given to an article of manufacture1 or of an ornamentation to be placed upon an article of old shape4 ,it is said that the law relating to this subject intends that the patentability of a design shall be determined by its appeal to the eyes of the ordinary man1 and not to the eyes of a jury of artists4 ,design patents are granted for different periods1 three years and a half1 seven years and fourteen years1 as the applicant may elect4 ,the subject matter of a patent must be new and useful4 ,it must be new not only to the patentee1 but to all the people in this country1 and at the time he filed his invention4 ,the federal law1 however1 secures a patentee who had no knowledge that his invention had been discovered abroad and which had not been patented there1 nor described in a printed publication4 ,before the enactment of this law a patent was not granted without showing that the applicant was the original inventor with relation to every part of the world4 ,much has been said concerning the novelty of an invention4 ,this may be in the use of an old means in a new way2 or a change of shape or form to produce new functions and results1 but the changes must amount to invention1 which is more than mere novelty4 ,a foreign patent in order to invalidate an ,american patent must antedate the invention patented4 ,a foreign patent exists as a patent only as of the date when the invention was published4 ,in ,england an invention is not patented within the meaning of the act of ,congress until the enrollment of the complete specification4 ,what is meant by a prior publication8 ,it is a printed book1 newspaper or document of a public nature disclosing the invention intended and actually employed for the purpose of informing the public4 ,publication in a book of general circulation is sufficient2 business catalogues or circulars are not such publications as are meant in the law4 ,to defeat a patent on the ground of want of novelty the proof of prior use or knowledge must be convincing1 sufficient to establish the fact beyond a reasonable doubt4 ,the recollection of one witness concerning the peculiar construction of a piece of machinery1 especially if the structure is one of complex character1 is not enough evidence to defeat a patent4 ,much less evidence1 however1 might be sufficient to prove that a very simple invention had been anticipated4 ,to justify the granting of a patent it must be useful4 ,if the invention be frivolous or pernicious1 the inventor cannot secure for it legal protection4 ,the use of the invention must not be contrary to public health or morals4 ,it is not needful that the invention should be the best of its kind1 or that it should accomplish all that the inventor claims for it4 ,furthermore1 its utility depends on the state of the art at the time of making the claim or issuing the patent2 its subsequent inutility does not invalidate the patent4 ,extensive use is evidence of utility4 ,the presumption of law favors a patent1 and the burden of proof is on the one attacking it to show that it is not useful4 ,the infringement of an invention is in effect an admission of utility1 because use implies utility4 ,a patent also calls for the exercise of inventive power4 ,though invention must be seen in every patent1 it is difficult to define4 ,says a former commissioner of patents1 ,justice ,duell3 ,it is a matter resting in judgment and therefore no fixed rule for its determination is possible4 ,some principles1 however1 assist in defining the term4 ,thus1 it is declared that an act of invention is primarily mental and involves the conception or mental construction of a means not previously known for accomplishing a useful result4 ,it is not the mere adaptation of old means by common reasoning1 but is the construction of new means through an exercise of the creative faculties of the mind4 ,between invention and discovery the patent laws draw no distinction4 ,again1 it has been often said that the design of the patent laws is to reward those who make a substantial invention or discovery1 which is an additional step in the useful arts4 ,the law never intended to grant a monopoly for every trifling device which would naturally occur to a skilled mechanic in the ordinary progress of manufacture4 ,an article of manufacture is not patentable because means have been devised to make it more perfectly than before2 it must be new in itself and not merely in its workmanship4 ,a machine-made article therefore is not patentable simply because it is thus made1 and no longer by hand4 ,the substitution of an art1 manufacture1 or composition of matter of one element or device for another which does the same thing in the same way and accomplishes a similar result is not invention4 ,even if the substituted part performs the function better1 there is no patentable invention unless some new function or result is secured4 ,changes therefore of the relative location of parts without changing the functions performed by them are not an invention1 nor is the omission of a part with a corresponding omission of function4 ,a patent can issue only to the inventor1 or if he is dead to his executor or administrator4 ,if there be two original inventors the one who first made it or brought it to this country is entitled to a patent4 ,a patent granted on the application of a non-inventor is void4 ,by first inventor is meant the one who first had a mental conception of the invention provided he exercised diligence in perfecting it4 ,if there be a rival claimant the party who first reduced to practice the invention was1 until the contrary fact is shown1 the first inventor4 ,one who merely utilizes the ideas of others is not an original inventor and is not entitled to a patent4 ,in the ,united ,states any person1 regardless of residence1 citizenship or age may obtain a patent4 ,an invention is reduced to practice when it is so far perfected that it may be put into practical and successful use4 ,the machine may not be perfectly constructed1 but it embodies all the essential elements of the invention4 ,demonstration of its success by actual use is usually necessary1 but not always4 ,the reduction to practice must be by the applicant for a patent1 or by his agent2 to do this by a third party will not suffice4 ,the person who first conceived the invention1 but was later than his rival in reducing it to practice1 is not regarded as the first inventor unless he exercised due diligence to perfect his invention after the time that his rival entered the field against him4 ,two or more parties may contribute in developing an idea and producing an invention1 which is truly the result of their joint mental efforts1 and not the separate invention of either4 ,in such case both must apply for the patent1 which is granted to them jointly4 ,but if a patent is thus issued to two and only one of them is the inventor1 the patent is invalid4 ,nor can one of two joint inventors make application and secure the patent on assignment from the other2 both must join4 ,the patent must issue on the application of and in the name of the real inventor even though he was employed to make it for the benefit of another4 ,notwithstanding1 the employer is the owner of the patent and may compel the patentee to transfer it to him4 ,of course their respective rights may be changed by agreement4 ,if no agreement exists1 a company that employs a skilled workman to make improvements on its machinery is not entitled to the patents granted to the workman4 ,says ,justice ,duell3 ,an employee1 performing all the duties assigned to him in his department of service1 may exercise his inventive faculties in any direction he chooses with the assurance that whatever invention he may thus conceive and perfect is his individual property4 ,the company1 however1 has an implied license to make1 use and sell the invention4 ,where a party employs another to assist him in perfecting an invention the presumption is that the employer is the real inventor of the thing produced by their joint effort4 ,on the other hand1 where a person is employed to exercise his inventive skill1 because he is known to be the possessor of it1 ,edison for example1 the presumption is in favor of the employee4 ,government employees may secure patents on inventions made by them during their employment1 after their relationship has ceased4 ,the government may have an implied license to use the invention without any title thereto4 ,patents may be issued and reissued to assignees on the application of inventors4 ,on the death of an inventor before a patent has been issued to him1 his executor or administrator may apply therefor1 who takes the patent in trust for the heirs4 ,a foreign executor or administrator may make a similar application4 ,he must1 however1 present a proper certificate of his authority to act4 ,likewise1 a legally appointed guardian or conservator of an insane inventor may apply for and obtain a patent in trust for him4 ,the inventor must apply to the commissioner of patents for letters patent which secure to him his invention4 ,the application comprises a petition1 specification1 claims1 oath1 drawings if the nature of the invention may be thus shown1 and a model1 when this is required by the patent office4 ,a fee of fifteen dollars also must be sent with the papers4 ,the application must be signed by the inventor and two witnesses4 ,the specification is the written description of the invention and of the manner and process of making1 constructing1 compounding1 and using the invention2 whatever it may be4 ,he must describe not merely the principle of the invention1 but the mode of applying it in such a clear1 intelligible manner that those who are skilled in the art can1 without other aid1 use the invention4 ,nothing should be left to experiment4 ,the phrase skilled in the art means persons of ordinary skill4 ,whether a description is clear1 exact and sufficient is a question for the jury whenever it is a matter of legal contention4 ,in describing an improvement the same rule is applied4 ,the description should show clearly the nature of it4 ,the description should distinguish between the old and the new4 ,a description in a patent for an improvement is sufficient if a practical mechanic acquainted with the construction of the old machine in which the improvement is made1 can1 with the aid of the patent and diagram1 adopt the improvement4 ,if an inventor intentionally conceals facts or misleads the public by an erroneous description1 his patent is void4 ,concerning the claim or claims with which the inventor concludes his specification many questions have arisen4 ,first1 the claim must be clearly stated so that the public may know what it is4 ,the claim should not be too broad4 ,several claims may be made1 but they should not be varying phraseology for the same thing4 ,they should state the physical structure or elements of mechanism by which the end or result is produced4 ,the inventor must make oath that he believes himself to be the original and first inventor1 that he does not believe that the thing was ever before known or used1 and as to his citizenship4 ,if dead or insane1 the oath must be made by his executor1 administrator1 or other representative4 ,after the application is granted another fee of twenty dollars must be paid4 ,the commissioner of patents must make an examination for the purpose of deciding whether a patent may be granted or allowed4 ,this examination is made by an examiner1 whose decision1 however1 is not conclusive and may be set aside by the commissioner4 ,the patent office is not confined to technical evidence in rejecting applications1 but may base its action on anything disclosing the facts relating to the matter4 ,when objection is made to the form of the application1 an amendment may be made by the applicant or his attorney to correct the error2 and this may be done at any time prior to the entry by the first examiner of a final order of rejection1 and within one year from the date of the preceding action by the patent office4 ,when two parties apply for a patent for substantially the same thing an interference is declared and the respective parties must present proofs in support of their claims4 ,the question between them is priority of invention4 ,the proceeding then is much like an equity trial with perhaps a wider latitude in admitting evidence bearing on the inquiry4 ,the applicant1 if dissatisfied with the rejection of his claim by the first examiner1 or with the decision in an interference case1 can appeal to the board of the examiners-in-chief1 and if dissatisfied with their decision he may appeal to the commissioner in person1 and if still dissatisfied he can appeal to the ,court of ,appeals of the ,district of ,columbia4 ,all appeals must be taken from the patent office within a year1 or a shorter period1 if one has been fixed in a decision4 ,the decision of the commissioner of patents in granting a patent is not conclusive that the inventor is the first and original inventor1 but only prima facie1 that is1 in the absence of other evidence to the contrary4 ,consequently1 the question of patentability in every case may be reexamined in the courts4 ,in the early days of administering the patent law an inventor often applied to a court for an injunction to prevent an infringer from continuing his work4 ,the court1 assuming that the patent had been properly granted1 did not hesitate1 on adequate proof of the infringement to grant the injunction4 ,the courts were not slow in finding out that patents were sometimes granted that ought not to have been1 and so the practice was changed and patentees were required to establish their right to a patent in a court of law before a court would enjoin an infringer1 except in very clear cases4 ,these hearings in the courts to decide the claims of patentees1 are often prolonged1 running through years to collect testimony1 and are appealed from one court to another finally reaching the supreme federal tribunal4 ,after a patent is thus judicially established injunctions are readily granted against all infringers4 ,payment4--,in making payment the parties to an agreement always have in mind cash1 unless they otherwise agree4 ,not every kind of money can be used1 nor only in limited amounts4 ,thus1 if one owed another a thousand dollars he could not deliver to him1 unless he were willing to accept them1 one thousand silver dollar pieces1 but only ten of them4 ,nor can a debtor compel his creditor to receive one cent and five cent pieces to a greater amount than twenty-five cents4 ,national bank notes may be paid or tendered to the government1 and by one bank to another1 yet they may be refused by an individual in payment of his debt4 ,it is important1 when one owes another and there is a dispute over the amount1 that the debtor should tender or offer to pay his creditor the proper kind of money1 because should he offer him some other kind1 national bank notes for example instead of ,united ,states notes1 or those issued by the federal reserve bank1 and he declined to take them and should afterwards sue his debtor for the amount1 the latter's offer to pay in national bank notes would be regarded as no payment1 or even offer of payment4 ,a note or check given for a bill of goods is not payment4 ,in everyday affairs a check is thus given and received1 in fact it is only a payment conditioned on payment of the check4 ,consequently if it is not paid1 the creditor can sue to recover on the check1 or for the original goods as he might elect4 ,in most cases he would ignore the check and sue for the original bill4 ,suppose some one had endorsed the maker's check1 then the creditor would probably sue on that in order to hold both parties4 ,does a debtor who turns over a note to his creditor in payment1 thereby cancel the debt8 ,if he does not1 of course the creditor can still sue the debtor2 but if he turned the note over in actual payment1 then his right to sue his debtor is gone4 ,what was the intention of the two parties8 ,this is a question of fact to be ascertained like any other4 ,how shall the money be applied of one who owes several debts to the same person and makes a general payment8 ,the debtor can make the application1 if he does not1 the creditor can do so2 if neither does this1 then the law applies it1 first to the payment of interest that may be due on any of the debts1 and the balance left1 should there be any1 to the payment of the principal4 ,of several debts the law applies it to the oldest debt4 ,again1 if there is a surety for any of the debts1 he may insist on the application of the money in order to be relieved4 ,if a depositor in a bank has made a note payable there this is regarded very much like a check1 it is a direction to the bank to pay it1 especially by the ,negotiable ,instruments law4 ,unless the maker of a note is insolvent1 a bank can never pay the unmatured note of a depositor4 ,nor can a bank apply a deposit1 which is known to be trust money1 or belonging to another person than the depositor to the payment of his note4 ,generally a bank declines to pay a note that is overdue though there is no law1 except in a few states1 against paying it should the bank decide to do so4 ,in all cases a depositor may make any application of his deposit he desires1 for it is his own and the bank cannot divert it in any way against his direction4 ,a receipt taken in payment of a debt is not conclusive evidence of payment and may be contradicted by other evidence1 though it is regarded on its face as payment4 ,when received1 a receipt should be kept for at least six years1 because it is such strong evidence of payment4 ,after that period the statutes of limitation in most states have the effect of canceling a debt1 on the theory or presumption that it has been paid4 ,if the debtor afterward promises to pay1 his new promise is valid though there is no consideration therefor1 and he is legally required to pay the debt4 ,should a receipt also contain any other statement or contract beside the payment of money1 this would have the same effect as any other contract between the parties1 and would be equally binding on them4 ,the effect of a seal after the receiptor's name may be explained in this connection4 ,a sued ,b and ,c for a debt4 ,before trial he gave ,c a receipt stating that if he did not recover from ,b he would nevertheless not hold ,c liable4 ,having failed in his suit against ,b1 he sought to hold ,c notwithstanding his receipt releasing him4 ,and he succeeded for the reason that his release was given without consideration and therefore was worthless4 ,had ,a added after his name a seal this would have imported or implied a consideration and the receipt would have been an effective release4 ,prescriptive rights4--,a person may gain rights in the land of another by acting in such a way as to indicate that he clearly makes a claim to them4 ,thus1 if a man goes over the land of another in the same direction to his own land for a period of fifteen years or longer1 the period differing in the several states1 he acquires the right to continue1 in other words he acquires a permanent right of way by such action4 ,as such a right is contrary to the interest of another1 it cannot be gained against a person who is incapable of preventing the acquisition of such a right if he pleases4 ,such a right1 therefore1 cannot be gained against a minor1 nor an insane person1 nor any one who is incapable of defending his possessions4 ,whether the right has been fully acquired is not always easily determined4 ,suppose one claims a right of way over another's land1 and the right is disputed4 ,how often has he traveled that way8 ,has the other person known of his going and said nothing8 ,again1 suppose a man sells another a piece of his farm away from a road1 the law presumes that he intended to grant or permit the buyer to have ingress and egress to his land1 otherwise he would not have purchased4 ,this is called a way of necessity4 ,can the purchaser choose any outlet he pleases8 ,the law says he must exercise reasonable discretion in making his selection4 ,when a way has been acquired by such use1 the law is strict in confining the gainer in the use of it4 ,thus ,a buys a piece of land of another for the purpose of erecting a house thereon4 ,the use of the way thereto must be confined to ,a and his family1 friends and those who come to see him on business4 ,suppose ,a should decide to divide it into building lots1 which would require a greatly increased use of the way4 ,this could not be done without a new agreement with the seller4 ,again1 a tenant cannot by any use of the land acquire a right therein that will continue beyond his lease4 ,if he had a long lease1 say thirty years1 and could gain a prescriptive right by an adverse use of fifteen or twenty years1 he would1 if gaining any prescriptive rights1 be obliged to give them up at the end of his tenancy4 ,in claiming a right of way the use need not be exclusive4 ,other persons may also use the way with the same claim of right4 ,the owner of land has no natural right to light or air and cannot complain that either has been cut off by the erection of buildings on adjoining land4 ,he may1 however1 acquire1 by grant or some other way1 a right to have light and air enter a particular window1 or other place1 without interruption by the owner of adjacent land4 ,nor can he acquire a right to light and air across another's land for his own house by simply erecting it on the edge of his own land while the adjoining land is unoccupied4 ,to erect windows on that side is not an adverse use of the land adjoining4 ,but a person may gain a right to light and air by presumption1 and if one has acquired the right to maintain a window in a specified place he loses his right by closing it up and opening another of a different size in another place4 ,and the same thing happens to one who tears down his house and builds a new one with windows of the same size and in the same places as in the old one4 ,a person cannot maintain an action against another for cutting off his view unless the right has been expressly acquired4 ,the general rule with respect to the use of water is1 any person through whose land flows a stream may use it in a reasonable manner4 ,what is such a use has occasioned many a legal dispute1 especially among mill owners4 ,each one of them located on a stream may use the water1 but can they hold it back for any length of time8 ,as a general rule this can be done for a short time in order to get the use of the power1 if they could not1 the water could run to waste and no one would derive any benefit4 ,again1 can any diversion be made of it8 ,any use1 almost1 is a diversion4 ,if one used water even to supply his cattle1 it would be a diversion1 yet such a use ordinarily is lawful4 ,suppose one had a very large herd1 then the use might be excessive especially in view of the needs of other users on the stream4 ,a still more important question has arisen of late concerning the fouling of water4 ,has a factory the right of putting its dyestuffs into the water1 impairing its quality and rendering it unfit for use by all below8 ,this cannot be legally done4 ,can a stream be used as a sewer8 ,naturally all the water in a valley flows downward and at last reaches a stream running through it4 ,as population increases the use of streams becomes greater1 and questions concerning their use more difficult4 ,suppose a land owner on the hillside wishes to use all the surplus water1 can he gather it and thus prevent its flowing to the land below8 ,he can4 ,can he build ditches or other obstructions whereby he can collect the water and pass it to the land below in other than the natural way8 ,he cannot4 ,on the other hand1 the lower proprietor can1 if he pleases1 make an embankment that will prevent the water from coming upon his land4 ,this1 though1 is not the law everywhere4 ,the owners of a well may prevent its overflow and thereby cut off water that formerly ran into a stream4 ,but the owner of a spring that flows into the land of another cannot change its course1 nor exhaust the water1 nor pollute it to the injury of another4 ,nor can surface water be changed into a water course by impounding it4 ,on the other hand this rule does not apply to water or springs beneath the surface4 ,if in digging a well the source of supply to another is cut off1 it is a loss for which there is no redress1 unless the well has been dug maliciously4 ,but where percolating water abounds and is obtained by artesian wells a land owner has no right to sink wells on his land and draw off the water supply of his neighbor4 ,the right to cut ice is a natural one1 and the owner of a lake or stream may cut a reasonable quantity1 but not enough to diminish the water appreciably to the lower proprietor4 ,while a person has the natural right also to the lateral support of his land1 yet he cannot use it to the injury of another4 ,this is a legal maxim4 ,if1 therefore1 he should excavate to the edge of his land and his neighbor's building should in consequence fall down1 would he be without redress8 ,the rule is1 the excavation must be made in a reasonable manner4 ,this is a question of fact in every controversy of the kind4 ,the owner of land adjoining a highway has no right to the lateral support of the soil of the street4 ,therefore1 if the grade of a street were lowered by proper authority and one's house located by the side of it should fall1 he would have no redress against the city or other public body4 ,quasi ,contracts4--,a quasi contract is a legal obligation arising without the assent of one from the receipt of a benefit which1 if retained1 would be unjust4 ,the law therefore compels him to make restitution4 ,he is required to do this1 not because he has promised to make restitution1 but because he has received a benefit which he cannot justly retain4 ,if one at the time of conferring a benefit on another confers it as a gift1 it cannot afterward be claimed that the gift was conferred relying on a supposed contract4 ,consequently1 though the donor's intention may be subsequently altered1 no obligation to make restitution will arise4 ,nor does the failure of the donee to reciprocate the donor's generosity or indirectly reward him1 create any right or claim on the donor's part to a return from the donee4 ,where one1 in the preservation of his own property or the promotion of his own interests1 bestows some incidental advantage to another1 there is no legal obligation to pay for the value of it4 ,thus the owner of the lower part of a house is not liable for the advantage resulting to him from the repair of the roof by the owner of the upper part and roof4 ,nor is one who has thickened and strengthened that part of an ancient party wall which is on his own land1 in order to sustain the building he is erecting1 entitled to recover from the adjoining owner who used the wall4 ,nor can anything be recovered from the owner of a vessel by the underwriters who had her docked for repairs though by such docking the owner gained an important benefit4 ,nor can one who in pumping out his quarry frees another quarry from water recover anything for the service4 ,nor can one who is benefited by experiments made by another to test the value of patented inventions1 in which both are interested1 be legally required to pay for the benefit he has received4 ,as no expectation of payment does presumptively arise when services are rendered by one member of a family to another member1 one who claims payment for them must prove that they were not rendered as a gratuity1 but on the legal supposition that he had a right to compensation4 ,one who knows or who has reason to believe that compensation is expected for goods or services tendered to him ought not to accept them unless he intends to pay for them4 ,if he does his act of acceptance will be regarded as a promise of payment1 and can be enforced4 ,but if one accepts goods or services without knowledge or reason to believe that compensation will be expected1 what then8 ,suppose ,a sends a barrel of apples to ,b supposing1 from their previous course of dealing1 that ,b will return them if he does not want them8 ,b should either return them or pay4 ,suppose ,b is misinformed and learns that ,a is giving a barrel of apples to each of his customers8 ,then he would be justified in keeping them until he learned the truth4 ,if1 in making a contract it is taken for granted by both parties that a certain fact exists1 which1 if not existing1 would make the contract impossible of execution1 the contract is void4 ,thus1 in contracts for the sale of specific personal property1 its existence at the time of the sale is generally assumed4 ,if the property has perished or been destroyed1 the contract is void4 ,the same rule has been applied to the sale of non-existent reality1 of the transfer of void or spurious securities1 of the assignment of a void lease4 ,in all these cases the money paid in misreliance on the void contract is recoverable4 ,premiums paid on a policy of marine insurance by one who in reality had no goods on board1 or for a voyage that was never begun1 may be recovered4 ,the existence of a risk is assumed by both parties1 in fact there is no risk1 consequently there was nothing to which the contract of insurance related4 ,a promise1 says ,woodward1 which is so general or indefinite that it does not enable the courts to determine the nature and extent of the obligation assumed must be regarded as no promise at all4 ,such has been the fate of a promise to pay good wages2 a promise to convey a hundred acres of land1 the land not being described2 a promise to divide profits1 no rate of division being indicated4 ,instances might be multiplied4 ,a benefit conferred1 in the honest1 though mistaken1 belief that such a promise is binding ought in justice to be restored4 ,restitution is accordingly enforced4 ,the law requires some kinds of contracts to be executed in a particular manner4 ,thus1 by statute1 many municipalities can make contracts1 or those of a particular kind1 only on sealed bids or proposals and after proper advertising for bids1 etc4 ,if these things are not done1 the contract made in disregard of them is invalid4 ,the courts of this country have got into deep confusion in applying this rule to private corporations4 ,suppose a corporation makes a loan without proper authority and receives the money1 can the lender recover it8 ,the corporation had no right to borrow1 of this the lender knew as well as the borrower4 ,both parties are in the wrong4 ,the highest court in this country has been more consistent than many of the state courts1 and holds that a contract it cannot make for lack of legal power is not made and cannot be ratified4 ,no performance on either side can give the unlawful contract any validity1 or be the foundation of any right of action upon it4 ,nevertheless though a contract is unlawful and void because the corporation was unable to make it1 a court strives to do justice between the parties by permitting property or money1 parted with on faith of the unlawful contract1 to be recovered back1 or compensation to be made therefor4 ,the lack of another legal requirement in making contracts gives rise to serious consequences4 ,we have learned that the ,statute of ,frauds requires for the validity of many contracts that a memorandum of them be made in writing and signed by one or both contracting parties4 ,by ,english law the statute provides a rule of evidence1 that a writing must be shown as proof of a contract before the courts will consider it as having been made2 by some of the ,american courts a contract that does not meet the requirements of the statute is held to be void2 by other courts they declare that though the contract is not void it cannot be enforced4 ,while the ,statute of ,frauds in some states is regarded as completely nullifying contracts not conforming to its requirements1 they are not anywhere held to be illegal1 that is1 are not made in violation of law4 ,there appears1 says ,woodward1 to be no reason of policy1 therefore1 for denying to a party thereto in a proper case1 the aid of the court in obtaining quasi contractual relief1 or the right to establish the justice of his quasi contractual demand by proving the terms of the unenforceable agreement4 ,true1 the evidence of the agreement in such a case1 must be oral2 but since the evidence is for the purpose of proving1 not a contract as such1 but a transaction resulting in an unjust benefit to the defendant1 its introduction would seem not to contravene the statute4 ,a purchaser of land under an oral contract1 who is given possession and subsequently fails to pay1 is liable for the use of the land to him while he has occupied it4 ,though the act of the seller in giving the purchaser possession without conveying the title may not be regarded as a part performance of the contract of sale1 yet the benefit resulting to the purchaser creates an obligation to make restitution which the courts will enforce4 ,the improvement of land by the purchaser under an oral contract is an act which enables him to enforce the contract in equity4 ,improvements made by a lessee under an oral lease within the statute are governed by the same rules as those of improvements made by a purchaser4 ,if no benefit has been derived from the contract1 nothing can be recovered4 ,thus1 a son worked for his father on his father's farm under an unenforceable contract with his uncle4 ,the latter was under no quasi contractual obligation to pay the value of such service1 since he had derived no benefit from them4 ,likewise one who1 relying on an unenforceable contract1 constructed a wood-chopping machine that was not accepted could not recover for the value of his labor and materials4 ,again1 where one party by his own act or default has prevented the other party from fully performing his contract1 the party thus preventing performance cannot take advantage of his own act or default1 and screen himself from payment for what has been done under the contract4 ,thus1 if one party agrees with another to work on a house the law implies that the employee owns the building in which the work is to be done4 ,this is a part of the contract whether the house is clearly specified or not4 ,therefore1 an employer who does not own the house1 or parts with it before the work is completed1 is liable to the other party4 ,the destruction of a thing in the course of alteration or repair without the fault of the bailee is a case like that above mentioned4 ,the labor and materials are expended in response to the desire of the owner of the property1 and therefore it is just that he should pay for the property he destroyed4 ,in one of the old cases a horse was sent to a farrier to be cured and was burnt before a cure was completely effected4 ,nevertheless1 the farrier was entitled to payment for what he had done4 ,likewise1 the owner of a ship that is destroyed by fire a few hours before the completion of repairs1 cannot escape payment on the ground that he has reaped no advantage4 ,as the illness or death of a contractor does not1 like fire or shipwreck1 deprive the other party of the fruits of what has been already done1 the benefit resulting to him is more obvious1 and the element of hardship is wanting that appears in many of the cases4 ,the value of his services or the materials he may have used may therefore be recovered4 ,in one of the cases ,a agreed that he and his wife should live in ,b's house and maintain him for life4 ,as ,a's wife died the contract could not be performed4 ,nevertheless1 ,a recovered the value of the service he had rendered to ,b during the lifetime of his wife4 ,wagering contracts either by statute or judicial decision are illegal and void in most or all the states4 ,in many of them the statute permits the recovery of the money from the stakeholder or the winner4 ,payment over to the winner after notice or demand by the loser is not a good defense in an action against the stakeholder4 ,again1 the winner is liable who1 when receiving the money1 knows that the stakeholder has been notified not to pay it over1 or has received notice not to take it4 ,the legality of contracts made or to be performed on ,sunday is determined generally by statute4 ,generally1 when a contract is made on ,sunday1 or is fully performed on both sides1 the money paid or other thing done in execution of it cannot be recovered4 ,again1 one who is induced by fraudulent representations to enter into a contract which is in violation of a ,sunday law is not so much in the wrong as the other1 and consequently may recover a benefit he has conferred on the other party in performing the contract4 ,if a member of a firm gives a promissory note signed by the partnership name1 for a debt of his own1 which his partner is compelled to pay1 he may recover the money from the other4 ,so1 if a carrier by mistake delivered goods to the wrong person who keeps them1 and the carrier is obliged to pay for their value1 he can recover the amount of the other person who thus wrongfully keeps them4 ,whenever a person makes a payment to another under such a mistake of the material facts as to create a belief in the existence of a liability which does not really exist1 the money may be recovered back4 ,such an obligation arises where money is paid as due on the basis of erroneous accounts1 and on a true statement of account is found not to have been due4 ,a voluntary payment with knowledge of all the facts cannot be recovered1 even though there may have been no obligation to pay4 ,a person cannot recover money paid under a mistake of fact who has received the equivalent for which he bargained1 because there is no failure of consideration4 ,nor is the fact immaterial that he need not1 and would not have made the payment had he known the true state of things4 ,a bank1 for example1 that pays the check of a depositor under the erroneous belief that it has sufficient funds1 may not recover from the payee the excess to the depositor's credit4 ,but if the purchaser of goods has paid the price1 and the seller fails to deliver them1 the purchaser may recover his money4 ,and in any case1 a person who has paid money under an agreement which he may rescind and does so1 because there was a failure of consideration1 may recover what he has paid4 ,an action will lie against a person who sells goods as his own1 but which do not belong to him1 whenever the real owner claims them from the purchaser4 ,in like manner an action will lie against a person who sells bills1 notes1 bonds1 stock or other securities which prove to be worthless1 or against a person who agrees to transfer the title to land which1 for lack of title or other reason1 cannot pass4 ,as a rule1 the consideration of a contract must totally fail to entitle a person to recover back the money he has paid4 ,if the consideration has only partly failed1 the remedy1 if there is any1 is for a breach of the contract1 and not to recover back the money he has paid4 ,thus1 if an article is sold with a warranty of its quality1 and it is not worthless1 his remedy is an action to recover damages for a breach of the warranty1 and not an action to recover back the money paid for the thing purchased4 ,a liability cannot be imposed on a person without his act or consent4 ,one man cannot force a benefit on another without his knowledge or consent1 and then compel him to pay for it4 ,if a person1 says ,clark1 intentionally and knowingly performs services for another or otherwise confers a benefit on him without his knowledge1 so that he has no opportunity to refuse the benefit1 the law will not create a liability to pay for it4 ,so1 where a person supplies another with goods1 the latter supposing that he is being supplied by another person with whom he had contracted for the goods1 the law will not even imply a promise to pay for the goods4 ,where benefits are conferred by one person on another under such circumstances as to raise no promise in fact or in law to pay for them1 he may1 nevertheless1 become liable by retaining them4 ,thus1 if a person were to receive goods from another reasonably but mistakenly believing them to be intended as a gift1 and1 after learning of his mistake1 should retain them1 when he might return them1 or if he should receive part of the goods purchased from another1 and retain them after failure of the latter to supply the rest of the goods1 the law would compel him to pay for them4 ,and the same rule applies where benefits are in any other way received under such circumstances as to create no contractual obligation1 and are retained when they should in justice be returned4 ,if1 however1 the benefits thus received are incapable of being returned1 as where they consist of services1 or of materials which have been used in repairing a house1 no liability is created4 ,sale4--,by a contract to sell goods the seller agrees to transfer the property in them to the buyer for a consideration called the price4 ,there is an important distinction between a contract to sell in the future and a present sale4 ,the first is called an executory1 the other an executed1 sale4 ,if the goods are to be transferred1 there is an executed sale even though the price is not to be paid at the same time4 ,but if the price is paid1 and the goods are not then to pass1 the transaction is a contract to sell1 or an executory sale4 ,both kinds of sales may be by deed or sealed contract as well as by parol or orally4 ,sales and contracts to sell are based on mutual assent1 the intent1 therefore1 of the parties fixes the nature and terms of the bargain4 ,if the offerer understood the transaction to differ from that which his words plainly expressed1 it is immaterial1 as his obligation must be measured by his overt acts4 ,thus1 if an offer to buy or sell is sent by telegraph1 and is improperly transmitted by the telegraph company1 an acceptance by the offeree creates a binding bargain4 ,by using the telegraph as an agency of communication1 the offerer makes himself responsible for the offer actually delivered4 ,of course the telegraph company would be responsible to the offerer for any damage he may have suffered unless relieved by some neglect or fault of the sender of the message4 ,a contract of sale may be conditional1 for example1 that the property shall not be transferred until the price is paid4 ,though the property is transferred by the sale1 promises or obligations may still be unperformed by the seller4 ,or the transfer of the title may be conditional on payment of the price4 ,in such sales the goods are delivered to the buyer1 but the title is retained by the seller until payment4 ,the capacity to buy and sell is regulated by the general law concerning the capacity to contract1 transfer and acquire property4 ,when necessaries are sold and delivered to a minor1 or to an insane or drunken person1 or to a married woman1 who is lacking in mental capacity to make a contract1 he must1 by the general ,sales ,act1 pay a reasonable price therefor4 ,necessary goods by this act mean those suitable to the condition of the life of the minor or other persons above mentioned at the time of their purchase and delivery4 ,as we have seen 7,see ,minor7 a minor may avoid his contracts4 ,the right to do this is given for his protection1 and should not be stretched beyond his needs4 ,therefore the right is confined to himself or his legal representatives4 ,neither creditors1 nor trustees1 nor assignees in bankruptcy can do this1 but his heirs can do this1 and probably his guardian4 ,by the common law a purchaser for value who did not know that the seller bought them of a minor could not retain them if the minor wished to reclaim them as his own4 ,this rule has been changed by the ,sales ,act1 and a bona fide purchaser is therefore safe in purchasing such goods even though the seller did buy them from a minor4 ,as a minor may disaffirm his contract1 any act clearly showing this intent is sufficient4 ,it was early settled1 says ,williston1 that an infant's conveyance of realty could be avoided only after he attained his majority4 ,in the case of personal property a sale may be avoided during his minority by an infant seller or buyer4 ,though an infant may thus avoid his sales1 purchases or contracts during infancy1 he can make no effective ratification until he becomes of age1 for an infant's ratification clearly can be no more effective than his original bargain4 ,in the ,sales ,act the ,statute of ,frauds 7,see ,statute of ,frauds7 has been renacted1 and provides that in a sale or contract to sell goods amounting to five hundred dollars or more1 it cannot be enforced unless the buyer shall accept a part of the goods1 or give something in earnest to bind the contract1 or in part payment1 or makes some note or memorandum in writing of the sale which is signed by the party or his agent against whom the other party seeks enforcement4 ,this statute applies to a contract for goods that may be intended for future delivery1 but not to goods that are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business4 ,the ,sales ,act contains an important section relating to the sale of an undivided share of goods4 ,if the parties intend to effect a present sale1 the buyer becomes an owner in common with the owner of the remaining shares4 ,how important is this section may be easily learned4 ,the grain of many owners is often mingled in an elevator4 ,it is delivered to those who call for it1 the kinds and quantities mentioned in the receipts given to them at the times of storing it4 ,the grain in the elevator may be delivered many times before a particular depositor makes his demand4 ,the elevator company must keep on hand enough grain to meet all outstanding receipts4 ,each depositor thus retains title to some portion of the grain in the elevator4 ,the company is the bailee with the power to change the bailor's separate ownership into an ownership in common with others of a larger mass1 and back again4 ,at any given moment all the holders of receipts for the grain are tenants in common of the amount in store1 each owning a share and all owning the entire amount1 each having the right to sell his share and demand its separation and delivery in accordance with custom and the terms of the receipt4 ,when a party has specific goods which1 without his knowledge1 have perished partly or wholly1 the buyer may treat the sale as avoided1 or as transferring the property in all of the existing goods and as binding him to pay the full agreed price if the sale was indivisible1 or if divisible the agreed price for the goods in which the property passes4 ,one can readily imagine trouble when none of the goods have been destroyed but all are in a condition inferior to that supposed at the time of the bargain4 ,in such a case the only question is whether the article has been so far destroyed as no longer to answer the description of it given by the contract4 ,the price may be fixed by the contract or in such a manner as the parties may agree1 and may be made payable in personal or real property4 ,when the price is not determined in the way mentioned in the ,sales ,act1 the buyer must pay a reasonable price4 ,this is a question of fact in each case4 ,usually1 the price1 either in an executed sale or in a contract to sell1 is fixed by the parties at the time of making the bargain4 ,in the agreement to sell there must be a consideration on both sides to sustain it4 ,sometimes the parties agree that the amount of the price shall vary according to the happening1 or failure to happen1 of a future event4 ,such a contract may be a wager1 which is forbidden by law1 or it may be legal1 as we shall soon learn4 ,whenever no price has been fixed the law has established a rule1 a reasonable price4 ,it is the intention and understanding of the parties that a buyer who orders a barrel of flour from his grocer will pay a reasonable price4 ,likewise a buyer who orders a carriage to be made for him and says nothing about the price4 ,what is a reasonable price8 ,generally the market price at the time and place fixed by the contract or by law for delivering the goods1 but not always4 ,under unusual conditions the market price does not furnish the only test4 ,said the court in one of these cases3 a reasonable price may or may not agree with the current price of the commodity at the place of shipment at the precise time of making it4 ,the current price of the day may be highly unreasonable from accidental circumstances1 by the action of the seller himself in purposely keeping back the supply4 ,with respect to warranties the ,sales ,act provides that when the sale is made on a condition which is not performed1 the party for whose benefit the condition was made may refuse to proceed with the contract or sale1 or may waive performance of the condition4 ,the nonperformance may be treated as a breach of warranty4 ,thus time may be an important element in a contract1 and an agreement to deliver goods by a specified time is a condition or warranty4 ,and if there is a delay in delivering1 unless it may be a trifling one1 the buyer may refuse to accept the goods4 ,a common condition in more recent times qualifying the obligation of the buyer is that the goods shall be satisfactory to him4 ,by this is meant the satisfaction of the buyer after the exercise of an honest judgment4 ,in ,new ,york and some other states a somewhat different rule prevails4 ,unless the things covered by the contract involve personal taste1 the contract imposes on the seller the requirement only that a reasonable man would be satisfied with performing it1 thus not leaving the question of its satisfactory performance entirely to the buyer4 ,this1 ,williston says1 is an arbitrary refusal of the court to enforce the contract that the parties made and seems unwarranted4 ,warranties may be express or implied4 ,by the ,sales ,act any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods1 and if the buyer purchases the goods relying thereon4 ,in a contract to sell or a sale1 unless a contrary intention appears1 there is an implied warranty on the part of the seller that in the case of a sale he has the right to sell the goods1 also1 in the case of a contract to sell them1 he will have the right to do this at the time of passing the property4 ,more briefly the seller warrants the title to the property which is the subject of sale4 ,whether the seller is in or out of possession of the property1 he can by appropriate words sell such interest as he may have therein4 ,but persons also sell property not owned by themselves by authority of others or of the law4 ,unless they expressly warrant the title they are not liable for lack of it4 ,sales of this nature are made by a sheriff1 or other judicial officer1 auctioneer or mortgagee1 assignee in bankruptcy1 executor or administrator1 guardian1 or simply an agent4 ,when there is a contract to sell1 or a sale of goods by description1 there is an implied warranty that they shall correspond with the description2 and if the contract or sale is by sample1 as well as by description1 it is not sufficient that the bulk of the goods corresponds with the sample if these do not also correspond with the description4 ,the ,sales ,act contains elaborate provisions relating to implied warranties of the quality of things sold4 ,there is no implied warranty of the quality or fitness of goods for any particular purpose unless the buyer makes known to the seller the purpose for which they are required1 and he also relies on the seller's judgment of their fitness for the use he intends to make of them4 ,again1 if the buyer has examined the goods there is no implied warranty of the defects which such an examination ought to have revealed4 ,an implied warranty as to quality or fitness for a particular purpose may also be annexed by the usage of trade4 ,there is an implied warranty that the bulk shall correspond with the sample in quality1 and that the buyer shall have a reasonable opportunity of comparing the bulk with the sample4 ,when does the transfer of ownership occur8 ,when there is an unconditional contract to sell them the property therein passes to the buyer on the making of the contract1 regardless of the time of payment or delivery or both4 ,when goods are delivered to the buyer on sale or return1 giving the buyer an option to return them instead of paying the price1 the property passes to the buyer on delivery1 but the property may go back to the seller by returning or tendering the goods within the time specified in the contract4 ,when the goods are delivered to the buyer on approval or on trial or other similar terms1 the property passes to the buyer1 7#a7 when he signifies his approval or acceptance of them1 7#b7 or if he retains them beyond the time fixed for their return1 or if none has been fixed1 beyond a reasonable time4 ,it is the duty of the seller to deliver the goods1 and of the buyer to accept and pay for them1 in accordance with the terms of the contract of sale4 ,unless otherwise agreed1 delivery of the goods and payment of the price are concurrent conditions1 the seller1 therefore1 must be ready and willing to give possession of the goods to the buyer in exchange for the price1 and the buyer must be willing and ready to pay the price in exchange for the possession of the goods4 ,whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer1 is a question depending in each case on the contract1 express or implied1 between the parties4 ,apart from contract1 or usage of trade to the contrary1 the place of delivery is the seller's place of business1 if he have one1 and if not1 his residence4 ,again1 when by the contract of sale of goods no time for sending them has been fixed1 the seller must send them within a reasonable time4 ,vast quantities of goods are bought and sent forward to buyers1 which are not to be delivered until payment4 ,the ,sales ,act provides that where goods are shipped and by the bill of lading that is given for them they are to be delivered to the order of the buyer or of his agents1 but possession of the bill of lading is to be retained by the seller or his agent1 he thereby reserves his right to the possession of the goods as against the buyer4 ,very often a buyer of wheat1 for example1 will draw a bill of exchange on his principal or company living in the place where the goods are to be delivered and will have it discounted by a bank using the money to pay the seller4 ,the wheat may be in an elevator1 or it may be in transit4 ,in either case the bank receives a document1 elevator receipt1 or bill of lading1 and thus becomes the real owner of the wheat1 and can control it afterward until it is actually delivered to the consignee1 whoever he may be4 ,this is the bank's security for making the loan4 ,the bank sends forward the bill of exchange to its correspondent bank in the place where the consignee lives and the wheat is to be delivered with instructions to deliver it when the bill is paid4 ,with respect to speculative sales of stock1 so well known by every one1 a contract1 says ,williston1 giving one party or the other an option to carry out the transaction or not at pleasure1 is not a wager1 unless forbidden1 as in some states is done by statute4 ,a contract to sell goods in the future1 which the seller does not own at the time is1 aside from the statute1 not only legal but common4 ,the test1 says ,williston1 adopted in the absence of statute1 distinguishes between contracts to buy and sell in which the actual delivery of the property is contemplated1 and similar contracts in which it is contemplated merely that a settlement shall be made between the parties based on fluctuations in the market price4 ,a contract of the former kind is legal2 one of the latter kind is a wagering contract1 and illegal4 ,shipping4--,the federal statutes require that every ship or vessel of the ,united ,states shall be registered or enrolled in the office of the collector of customs of the district that includes the home port of the vessel4 ,none but citizens of the ,united ,states can have their vessels registered4 ,consequently the sale of a vessel to a foreigner denationalizes her4 ,if sold to an ,american1 she must be registered anew4 ,on arriving at a foreign port masters of vessels must deposit their registers with the consul or commercial agent at that port4 ,enrollment is the term used to describe the registry of a vessel engaged in coastwise or inland navigation or commerce4 ,registration is applied to vessels engaged in foreign commerce4 ,license means the same as enrollment1 but is applied to small vessels of twenty tons burden or less4 ,the federal laws on this subject do not apply to vessels that are used on nonnavigable waters of the country4 ,the title to a vessel may be acquired by purchase or building4 ,if a vessel is built for a party no title thereto passes until she is ready for delivery and has been approved and accepted by him4 ,this1 however1 is no arbitrary rule1 and is often modified especially when payment is made in installments and during the construction of the vessel4 ,nowadays many vessels are owned by corporations1 and the rules that apply to corporations of course determine the ownership of their property4 ,in other cases the several owners of a vessel are tenants in common1 and not co-partners1 unless by agreement they have established other relations among themselves4 ,they may1 of course1 become partners and be governed by the rules that apply to persons thus related4 ,when they are related as tenants in common one part owner has no power to bind the others in any way beyond the necessary and regular use of the vessel4 ,he cannot sell or mortgage the interests of the others1 draw drafts or notes in their name1 apply the freight money earned to pay his individual debt1 or procure insurance for the other owners4 ,the majority rule governs in employing the vessel4 ,the majority therefore have the right to control the use of the vessel on giving security to the minority1 if required1 to bring back and to restore to them the vessel1 or if lost to pay them for the value of their shares4 ,the minority owners in like manner may use the vessel if the majority are unwilling to employ her4 ,a court of admiralty will in such a case act for the parties4 ,each part owner is entitled to his share of the profits1 and is also liable for the expenses of the vessel unless he has dissented from the voyage4 ,but part owners who dissent from the voyage and take security for the safe return of the vessel are not entitled to share in the profits1 nor are they liable for the expenses4 ,a part owner may bind the others for necessary supplies and repairs required that are procured on credit1 unless his general authority to do this has been restricted4 ,the ship's husband or managing owner has authority to do whatever is necessary for the prosecution of the voyage and earning the freight money4 ,for such purposes he is the agent of the owners and can bind them by his contracts1 unless his authority is revoked or modified4 ,any owner can sell his interest whenever he pleases1 and all of them may authorize the sale of the entire vessel4 ,a writing is required to pass the title1 but as between the parties an oral sale and delivery will suffice1 at common law4 ,in many cases a bill of sale is required by statute4 ,the writing should describe what things are transferred1 but general terms such as appurtenances and necessaries have a fixed meaning which are understood4 ,intention is the guide to determine what passes in such a sale1 as in cases of fixtures already considered4 ,when the bill of sale is executed the purchaser becomes entitled to all the benefits of ownership1 and incurs all the liabilities4 ,if the sale is unconditional1 the purchaser is liable for supplies though he may never have taken possession of the vessel1 and neither the master nor the merchant furnishing the supplies knew of the sale4 ,the purchaser is not liable for repairs made and supplies furnished before the sale1 unless he has agreed to pay for them1 or the vessel was at sea at the time4 ,if she was1 the purchaser takes her subject to all encumbrances on her1 and to all lawful contracts made by the master before learning of the purchase4 ,a vessel may be mortgaged1 and the federal statutes state how this shall be done4 ,a shipbuilder may make a contract whereby he mortgages the vessel to be built in advance of its construction1 and a lien attaches as it comes into existence4 ,such a mortgage is postponed or comes after a maritime lien1 that will soon be explained1 but comes before the debts of general creditors4 ,the mortgagor1 so long as he retains possession1 has all the rights of ownership1 and all contracts made by him are valid which do not impair the security of the mortgage4 ,when the mortgagee takes possession of the vessel he is entitled to all the earnings that accrue1 but not to those which the mortgagor has reserved1 even though they are for the current voyage4 ,furthermore1 his interest may be attached by his creditors4 ,the discharge and foreclosure of mortgages on vessels are governed for the most part by the rules that apply to chattel mortgages4 ,a mortgage on a vessel should be recorded1 and many of the rules and usages that apply to the recording of deeds apply also to such mortgages4 ,a contract may be made for a loan of money on the bottom of a vessel at a rate much greater than the usual rate of interest4 ,such a loan is sanctioned to enable the master to obtain money for supplies or repairs at some foreign port where they could not be otherwise obtained4 ,the loan is on the security of the vessel and if she never arrives1 the lender loses his money4 ,if she does arrive at the port of her destination1 the borrower personally1 as well as the vessel1 is liable for the repayment of the loan with the agreed interest thereon4 ,this maritime loan is highly regarded in legal tribunals1 and is liberally construed by them to carry into effect the intention of the parties4 ,such a loan or bond can be given by the master of the vessel only in case of necessity and great distress in a foreign port1 where the owner is not present and has no representative with funds1 and where the master has no other means of getting money4 ,the master has a large discretion4 ,the necessity must be such as would induce a prudent owner to provide funds for the cost of them on the security of the ship1 and that if the master did not take the money the voyage would be defeated or at least retarded4 ,the general purpose of the loan is to effectuate the objects of the voyage and the safety of the ship4 ,the appointment and employment of a master is wholly within the discretion of the owners4 ,on his death or removal in a foreign port a successor may be appointed by the consul resident there of the country to which the vessel belongs1 or by an agent of the owners1 or by the consignees of the cargo who have advanced money for repairing the vessel4 ,the registry acts of the ,united ,states require the putting of the master's name in the register1 but if this is not done his authority is not impaired2 and the one to whom the navigation and control of a vessel is entrusted is considered her master1 although the name of another appears on the register4 ,his contract may contain any stipulation to which the parties may agree4 ,the right of a master to command his vessel is personal to him2 and a sale by a master who is part owner of the vessel of his interest therein transfers no right to the command of the vessel which the other owners are bound to respect4 ,whenever he becomes incapable of commanding by reason of sickness1 insanity1 or other reason1 the command with the duties pertaining thereto devolves on the first mate until the appointment of another master2 should he be absent or incapable of acting1 then the second mate and so on down the rank of officers4 ,the master must do all things for the protection and preservation of the several interests entrusted to him1 the owners1 charterers1 cargo owners1 underwriters4 ,he must render a full and satisfactory account to the owners of the vessel of moneys secured and his disbursements before demanding any wages4 ,at sea he is the supreme officer1 has sole authority over both officers and crew to do justice to all persons under his command1 and to protect passengers and seamen from bad treatment while they are on board4 ,it is said that in respect to passengers he owes a higher and more delicate duty than he owes to the crew1 but at the same time he has the necessary control over his passengers and may make proper regulations for their government to ensure their safety1 promote their comfort and preserve decent order4 ,he has authority to bind the owners when they are not present for expenditures needful in the way of repairs1 supplies and other necessaries reasonably fit and proper for the safety of the vessel and the completion of the voyage4 ,as the seamen who serve on a vessel are generally ignorant and improvident1 the execution of shipping articles are required by federal statute where the vessel is bound on a foreign voyage1 or from a port in one state to a port in another4 ,if these articles are not made seamen have the right to leave the vessel at any time1 and may recover the highest rate of wages paid at their shipping port4 ,the articles must be signed by the seaman and by the master1 and the contract must be executed before the vessel proceeds on its voyage4 ,the seaman is not bound by any new or unusual stipulation put into the articles affecting his rights without full knowledge of it1 and especially when he cannot read and the stipulation is not read and explained to him4 ,once executed1 the articles cannot be varied by a verbal agreement between master and seaman4 ,the articles must specify clearly and definitely the nature of the intended voyage1 the port at which it is to end and its duration4 ,indefinite articles1 leaving to the option of the master whether the voyage shall be long or to one or more foreign ports1 or short to nearby domestic ports1 are void4 ,the articles must also state the amount of wages each seaman is to receive4 ,articles are void that fix a forfeiture of wages in excess of the amount named in the statute1 or restrict the time in which seamen must sue for their wages4 ,the contract may be dissolved by cruel treatment by the master and by an abandonment of the vessel without the master's consent1 but not by the death1 disability1 removal or resignation of the master and the substitution of another4 ,besides the wages a seaman may recover1 should the master break the contract1 are his expenses in returning to the port of shipment including also general damages4 ,claims for wages are highly favored in admiralty courts1 and discharges are not justified for trivial causes1 nor for a single offense unless it is an aggravated one4 ,such causes are continued disobedience or insubordination1 rebellious conduct1 gross dishonesty1 embezzlement or theft1 habitual drunkenness1 habitually stirring up quarrels1 or by his own fault rendering himself incapable of performing duty4 ,the master must receive back a seaman when he has thus been discharged who repents and offers to return to his duty and make satisfaction1 unless the offense was of an aggravated character4 ,this is the general rule1 though from its nature there is much room for its application4 ,statute of ,frauds4--,some contracts must be in writing to comply with a statute called the ,statute of ,frauds1 which has been enacted with variations in all the states4 ,one of the most important sections relates to the conveyance of real estate4 ,this requires that the agreement for its sale must be in writing4 7,see ,agreement for ,sale of ,land47 ,another section relates to the sale of goods1 wares and merchandise4 ,this has not been enacted in every state4 ,if the amount is above that mentioned in the statute1 thirty to one hundred dollars1 there must be a written contract or delivery and acceptance of the goods to constitute a contract4 ,if ,a sells a bill of goods to ,b1 who declines to receive them1 and the contract is wholly verbal1 he can shield himself behind this statute wherever it prevails4 ,many questions therefore arise1 what is a delivery and acceptance8 ,a delivery of a key of a building containing the property is sufficient4 ,the delivery of a bill of lading of goods properly indorsed1 making entries of the goods sold1 pointing them out or identifying them is enough to comply with the statute4 ,whenever there has been a transfer of possession and control by the seller to the purchaser to which the latter has assented there has been a sale4 ,or1 more broadly1 whenever there has been such action as to show clearly an intention to sell and accept the property the sale is complete4 ,part payment of the purchase money for personal property is generally regarded as showing such intention4 ,to a contract for the manufacture of a thing the statute does not apply4 ,simple as this answer may be1 the law soon gets into difficulties in deciding whether a contract is for the making of a thing1 or for the thing itself2 whether the important element is the skill or labor that is to be expended1 or the thing without regard to the process of making4 ,thus1 if a contract is with one to paint a portrait1 the statute would not apply1 for the skill of the artist is the important thing purchased1 and not the canvas1 paint1 etc41 he must use4 ,to a contract for a locomotive the statute would apply4 ,if the contract states or implies that the thing is to be made by the seller1 and also blends together the price of the thing and compensation for work1 labor1 skill and material1 so that they cannot be discriminated1 it is not a contract of purchase and sale1 but a contract of hiring and service1 or a bargain by which one party undertakes to labor in a certain way for the other party1 and the statute does not apply to it4 ,statutes of ,limitation4--,in all the states statutes have been enacted which provide that if the rights of parties to legal redress are not enforced within a specified period1 the courts are closed to them4 ,thus1 in most states a statute provides that a holder or owner of a promissory note who neglects to sue the debtor within six years from its maturity cannot do so afterwards4 ,the note is not absolutely void1 though the law presumes it has been paid4 ,as the note is not void1 payment may be effected as we shall soon learn4 ,suppose one is indebted to a merchant1 if the debt is not paid within six years in most states and nothing has happened1 the debt in popular language is outlawed1 in other words cannot be collected by resort to law4 ,the time begins to run as soon as the debt has accrued2 if it be a debt to a merchant1 as soon as one has stopped trading with him4 ,to the operation of this rule are some important exceptions4 ,it does not run in favor of a minor1 married woman or insane or imprisoned person2 or not whenever or wherever they are not capable of contracting4 ,but a disability arising after the statute has begun to run in his favor will not prevent it from running4 ,the ,statute of ,limitations generally bars the remedy or right to pursue the debtor in a court of law1 it does not extinguish the right or debt1 and therefore the right to pursue a debtor may be revived by a new promise to pay4 ,one may ask1 is not a debtor a foolish man to acknowledge that he is a debtor after the law has released him from his debt8 ,yes1 from a purely selfish point of view4 ,nevertheless1 the moral obligation remains1 and happily all morality has not yet fled from the world4 ,one may ask1 is not such a promise void because there is no consideration received for it8 ,no1 for the reason that there was a consideration for the original obligation1 and this is sufficient to sustain the renewed promise to pay it4 ,in some states the statutes provide that such an acknowledgment to pay a debt after the statute has barred it1 must be in writing1 and signed by the debtor or his agent4 ,the most general rule is1 to remove the bar of the statute1 there must be either an express promise to pay1 or an acknowledgment of the debt accompanied by an expression of willingness to pay it4 ,to simply acknowledge the existence of a debt is not enough1 there must be indicated or expressed a willingness to pay4 ,a debt may also be revived by part payment4 ,payment on account of the principal1 or payment of interest on the debt will prevent the statute from running against it4 ,payment to have that effect must be made with reference to the original debt and in such a way as to effect an acknowledgment of it4 ,while a debtor may always apply a payment to any one or more of different debts he owes his creditor1 if he fails to do so the creditor can make the application even to a debt which is already barred by the statute1 but his application will not remove the bar to the remainder of the debt4 ,to have that effect the appropriation must be made by the debtor himself4 ,statutes of limitation apply to many obligations1 and the times or dates at which they become outlawed or outside the scope of legal redress1 vary in the different states4 ,in many of them an ordinary book account or negotiable note is outlawed after six years1 and cannot be enforced after that time unless the debtor has revived it by a new promise or part payment4 ,a judgment against one usually runs twenty years4 ,telegraph and ,telephone4--,though the business of a telegraph company is public in its nature1 it is not a common carrier1 and it may therefore set up reasonable regulations for the reception1 transmission and delivery of messages4 ,as it is a quasi public corporation1 it must extend its services to all that apply therefor and offer to pay the charges4 ,and if refusing it may be compelled to do these things4 ,the company may charge more to one person than to another when the service is unlike1 though not enough to amount to an unjust discrimination4 ,the difference in charges must bear some relation to the different services rendered4 ,a telephone company cannot legally discriminate between two competing telegraph companies by giving one the telephone call word ,telegram and thereby depriving the other telegraph company of business4 ,nor can a telephone company legally charge a higher rental for a telephone to a telegraph company than to any other patron4 ,nor can a telegraph company discriminate against another in refusing credit which is given to other responsible parties4 ,a strike may be a sufficient excuse for failure to have sent messages promptly1 though not excusing a railroad company for failure to deliver freight as if no strike had happened4 ,a state may impose a penalty on a telegraph company for failure to deliver promptly in the state messages coming from other states4 ,and a state may impose a penalty on a telegraph company for failure to perform its clear common law duty to transmit messages without unreasonable delay1 and this statute applies to messages to points outside the state if it relates to delay within the state4 ,a state statute prohibiting telegraph companies from limiting their liability for the transmission of telegrams within the state is constitutional4 ,the state may prohibit a telegraph company from transmitting racetrack news4 ,a telegraph company must transmit a message unless it contains indecent language4 ,nor is it liable for libel in transmitting a telegram stating that a person had been bought up4 ,it is reasonable for a telegraph company to close its office on holidays1 except two hours in the morning and two hours in the afternoon1 and therefore is not liable for delay in transmitting a message because of this delay4 ,the unauthorized writing out and sending of a telegram in another person's name is a forgery4 ,when a telegram must pass over two connecting lines the receiving company may require the sender to designate what route the message is to take1 and to pay an extra charge for the words indicating such route4 ,a telegraph company is not privileged in transmitting messages1 but they should not be made public1 except to produce them when legally required in court4 ,under the ,new ,york statutes it is a criminal offense for a telegraph employee to divulge the contents of a telegram to any other person than the addressee1 except when it relates to unlawful business4 ,in that case the employee may give information to the public officer who is prosecuting the unlawful sender4 ,it is a criminal offense to open or read a sealed telegram1 or to tap a telegraph wire in order to read messages in course of transmission4 ,in regulating the receipt1 transmission and delivery of telegraph messages1 the rules differ from those that are to be transmitted within the state from the rules for interstate messages4 ,the rules with respect to the latter are governed by the ,interstate ,commerce ,act of #aiaj1 state messages are governed by the laws of their respective states4 ,by the federal law1 therefore1 a telegraph company providing one rate for unrepeated messages1 and another and higher rate for those repeated1 may stipulate for a reasonable limitation of its responsibility when the lower rate is paid4 ,and if the contract provides that for any damage resulting from sending the telegram1 the sender must give notice within sixty days1 he is bound by this stipulation1 and is without redress if he delays to act beyond the time4 ,torts or ,wrongs4--,a tort is an act or omission which unlawfully violates a person's right created by the law1 and for which the appropriate remedy is a common law action for damages by the injured person4 ,the right that is violated is private and not public1 which marks off a tort from a crime4 ,again1 the wrongful act may be a violation of both a private and public right1 in which case both the individual and the state have a remedy against the wrongdoer4 ,thus ,a without excuse attacks ,b and bruises his nose4 ,b has an action to recover damages against him for despoiling his countenance2 the state also may proceed against him in a criminal action for his breach of the public peace4 ,another illustration may be given4 ,a clerk embezzles money from his bank4 ,it sues him and perhaps his bondsmen and recovers the money4 ,embezzlement1 however1 is a criminal offense1 and the recovery of the money taken does not affect in any way the right of the state to proceed against the embezzler4 ,indeed1 an individual who has been wronged cannot by any restitution or settlement that he may make with the wrongdoer impair the right of the state to punish him4 ,torts or wrongs are very numerous for which the wrongdoer may be held liable4 ,the first to be mentioned is false imprisonment4 ,the law punishes false imprisonment as a crime2 the person unlawfully imprisoned also has a civil action for damages4 ,a person is said to be imprisoned in any case where he is arrested by force and against his will1 although it be on the high street or elsewhere and not in a house4 ,mere words are not an arrest4 ,if an officer says1 ,i arrest you1 and you run away1 there is no arrest4 ,but if an officer touches you and takes you into custody there is an arrest even though you run away afterward4 ,a malicious prosecution is another wrong4 ,a person who brings his action for this wrong must prove four things3 first1 that the prosecution has terminated in the complainant's favor2 second1 that it was instituted maliciously2 third1 that it was brought without probable cause2 fourth1 that it damaged or injured the complainant4 ,the term malice means something more than the intentional doing of a wrongful act to the injury of another without legal excuse4 ,it means that the original prosecutor was actuated by some improper or sinister motive4 ,the term probable cause requires explanation4 ,nothing is better settled1 says one of the courts1 than this1 that when the person who brings such an action against another submits his facts to his attorney1 who advises they are sufficient1 and he acts thereon in good faith1 such advice is a defense to an action for malicious prosecution4 ,that such advice may be a good defense a full and honest disclosure of all the facts must be made to him4 ,such advice will not serve as a screen if based on a fragmentary1 incomplete statement of facts4 ,a very common tort is an assault and battery4 ,a person who threatens another with immediate personal violence1 having the means and opportunity for executing the threat1 commits an assault for which damages may be recovered in a proper action4 ,to raise a club over the head of another and threaten to strike if he speaks1 would be an assault4 ,absence of intent1 says ,burdick1 on the part of the defendant to put the plaintiff in fear of bodily harm1 is pertinent to the defense that the injury was accidental1 or due to a practical joke4 ,a battery1 as distinguished from an assault1 is the inflicting of actual violence on a person1 though the degree of violence is immaterial4 ,the least touching of another in anger1 or as a trespasser1 is a battery4 ,forcibly cutting the hair of a person without legal authority1 or injuring the clothing on a person1 or snatching an article from his hand1 or cutting a rope or belt attached to him1 or striking a horse on which one is riding1 or that is attached to his carriage1 or overturning a chair in which he is seated1 is a battery2 likewise1 if the assailant throws a stone or missile which hits the other1 or spits in his face4 ,there may be a justifiable assault1 the law has long recognized this4 ,a public officer is justified in using force in performing his duty1 so is a private individual in defending himself1 his family or his property1 or in enforcing lawful discipline at home1 in school1 on board a ship1 or other public conveyance1 or in restraining one mentally or physically incapacitated4 ,another injury for which the law furnishes redress is that affecting reputation and character4 ,it is true that the damages one may recover1 however great1 may be an inadequate redress1 yet it is the best the law can do4 ,the party injured by a libel or slander brings his action and wins his victory over his enemy1 yet the battlefield remains and the scar of the wound inflicted4 ,the issue in an action for defamation is not the character of the plaintiff1 but the wrongfulness of the particular statement4 ,therefore it is not a defense to a libel or slander that the plaintiff has been guilty of offenses other than those imputed to him1 or of offenses of a similar character2 and such facts are not competent in mitigation of damages4 ,as the gist of the tort consists of the injury done to one's reputation1 the defamatory statement must have been published4 ,a person has no cause of action against another for defamatory words spoken to him2 they must have been heard by a third person4 ,the plaintiff may make out a case by showing that the libel was contained on the back of a postal card1 or by other evidence that makes it a matter of reasonable inference that the libelous matter was brought to the actual knowledge of a third person4 ,a person who voluntarily engages in the interchange of opprobrious epithets and mutual vituperation and abuse has been held to license his antagonist to reply in like manner4 ,the right to answer a libel by libel is analogous to the right to defend one's self against an assault upon his person4 ,the resistance may be carried to a successful termination1 but the means used must be reasonable4 ,common carriers1 news-vendors1 proprietors of circulating libraries and others who are merely unconscious vehicles for carrying defamation generally escape liability for its publication4 ,if the publication of a libel is the result of the joint efforts of several persons1 each is responsible for the wrong done to the plaintiff4 ,if ,a writes a libel1 and ,b prints it and ,c publishes it1 the person wronged may sue all jointly1 or either one of them separately4 ,the publication of the same slander by different persons is not a joint tort1 it is a distinct wrong done by each slanderer4 ,there are distinctions between libel and slander that must be now stated4 ,slander is applied to oral speech or its equivalent1 libel to matters expressed in writing or print1 pictures1 effigies or other visible and permanent forms4 ,libel is a criminal offense as well as a tort1 while the slander of private persons is not a common law crime2 but some forms of slander are crimes by statute4 ,falsely and maliciously to charge one with committing a felony or other indictable offense involving moral turpitude is in some states a crime4 ,scandalous matter is not necessary to make a libel4 ,it is enough if the defendant induces an ill opinion to be held of the plaintiff1 or to make him contemptible or ridiculous4 ,says ,burdick3 ,any censorious or ridiculing writing1 picture or sign made intentionally and without just cause and excuse is a libel upon its victim4 ,the degree of censure or ridicule is not material4 ,if the language is such that others1 knowing the circumstances1 would reasonably think it defamatory of the person complaining of and injured by it1 then it is actionable4 ,in many cases of libels which affect the victim chiefly or solely in his office or vocation their tendency to cause injury is so clear that proof may be unnecessary4 ,thus1 to import insanity or incompetency to a professional man1 or that a public official is dishonest and corrupt is actionable4 ,and when a libelous publication is directed against a class or body of persons1 for example1 the medical staff of a public hospital1 any member of the body may maintain an action for the wrong4 ,a corporation has no character like a natural person to defend1 but a defamatory charge which directly affects its credit and injures its business reputation is an actionable one4 ,on the other hand as a corporation must transact its business and perform its duties through natural persons it is now well settled that a corporation is liable in damages for slander1 as it is for other torts4 ,slanderous words that are actionable have been thus classified by the ,united ,states ,supreme ,court3 7#a7 words falsely spoken of a person which impute to the party the commission of some criminal offense involving moral turpitude1 for which the party1 if the charge be true1 may be indicted and punished2 7#b7 words falsely spoken of a person which impute that the party is infected with some infectious disease1 where1 if the charge is true1 it would exclude him from society2 7#c7 defamatory words falsely spoken of a person which impute to the party unfitness to perform the duties of an office or employment of profit or the want of integrity in the discharge of his duties of such office or employment2 7#d7 defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade4 ,the damages may be either nominal1 one dollar is often given in such cases1 or compensatory1 larger damages1 as a punishment4 ,the amount rendered is within the province of the jury1 but courts do not hesitate to modify or set aside verdicts which are deemed excessive or too meager4 ,the defenses in such actions may be briefly described4 ,the truth of the charge is a complete defense to a civil action for slander or libel1 because the law will not permit a man to recover damages in respect to an injury to a character which he either does not or ought not to possess4 ,a privileged communication is another defense4 ,the heads of the executive departments of government are absolutely privileged for defamatory statements made by them while acting within the limits of their authority4 ,their motives do not become the subject of inquiry in a civil suit for damages4 ,judicial officers are shielded by this rule while discharging their duties4 ,the publication of judicial proceedings is conditionally privileged4 ,the condition is that the proceedings are public1 are decent and fit for publication1 that the reports are full and fair1 and that their publication is not inspired by malice4 ,says ,burdick3 ,the reports of such proceedings are usually made without reference to the individuals concerned1 and for the information and benefit of the public4 ,the law1 therefore1 presumes that they are made in good faith4 ,the full and fair reports of parliamentary and legislative proceedings are also conditionally privileged as well as the reports of judicial proceedings1 and for the same reasons4 ,the publication of the proceedings of quasi public bodies1 like state1 medical1 and ecclesiastical societies has been deemed conditionally privileged4 ,but professional publishers of news are not exempt1 or a privileged class1 from the consequences of damage done by false news4 ,their communications are not privileged merely because made in public journals4 ,statements rendered by mercantile or collection agencies to inquirers for business purposes are clearly privileged4 ,but whether the circulation among all their subscribers of a sheet containing such statements is privileged is a disputed question among the courts4 ,again1 every statement made with the object of protecting some interest of the writer or speaker and which is reasonably necessary for such purpose is conditionally privileged4 ,fair comment is another defense4 ,the most frequent subjects of fair comment from which spring actions for defamations are the character and conduct of public men or candidates for office2 and literary1 artistic1 or commercial productions offered to the public4 ,whether a particular statement is an unfair aspersion of one's personal character1 or a fair comment on his public conduct1 is a question usually for the jury4 ,at common law a defamer could not insist on an opportunity to retract or apologize1 but he could give in evidence any apology or retraction to lessen the damages4 ,this rule has formed the basis of a statute in some of the states4 ,though attacked on constitutional grounds1 it has been sustained in ,minnesota1 ,north ,carolina and perhaps in other commonwealths4 ,where it can be made1 the apology and retraction must be full1 fair1 prompt4 ,passing to private nuisances1 a wrong or tort consists in wrongfully disturbing one in the reasonably comfortable use and enjoyment of his property4 ,ordinarily the motive of the wrongdoer is not material in determining his maintenance of a nuisance4 ,some things and trades are considered as nuisances of themselves1 for example1 a slaughter house in a large town1 a pigsty near a dwelling house1 a house of ill fame1 the fouling of a spring1 well or stream2 keeping a large quantity of explosives near a public dwelling1 or animals or other property dangerous to human life4 ,likewise1 a hospital that operates to destroy the peace1 quiet and comfort of those in adjoining residences1 affects their health and value of their property is a private nuisance1 against which action may be taken for its removal or abatement4 ,public cemeteries come under the same ban4 ,they will not be adjudged a nuisance simply because they offend the fancy1 delicacy1 or fastidiousness of neighbors1 or even depreciate the value of adjoining property4 ,when a business is carried on1 structures are erected1 or excavations are made which are nuisances1 the actor is liable in damages for them whether he exercised due care in constructing and maintaining them or not4 ,the same rule applies to the owner or keeper of a savage and dangerous animal4 ,acts of discomfort that amount to a nuisance are such as produce this effect to persons of ordinary sensibility who live in the locality where the nuisance exists4 ,noises1 odors1 smoke1 or dust may constitute an actionable nuisance in one locality and not in another4 ,if the nuisances are from ordinary musical instruments in the dwelling of a neighbor1 or from his children1 yet are only of a kind that may be expected in such a neighborhood1 they must be borne1 unless prohibited by law4 ,on the other hand1 the same amount of noise caused by horses in the basement of an adjoining house is an actionable nuisance4 ,a temporary annoyance is quite another thing4 ,the erection of an iron building near a dwelling might1 during the period of construction1 cause great noise and discomfort1 yet the occupier of the dwelling would have no remedy4 ,but there is a limit to the conduct of the annoyer4 ,he must act reasonably4 ,he cannot blast rock1 or hammer metal1 or operate noisy steam drills at all hours of the day and night4 ,he must conform to the habits of the community1 and not unreasonably disturb his neighbors1 during ordinary working hours4 ,there is a distinction also between acts that annoy and those that injure adjoining property4 ,generally acts of the latter kind are actionable4 ,if one fixes his residence near a nuisance1 formerly he had no remedy4 ,this is no longer the law4 ,when1 however1 a court is asked to enjoin or stop a useful and lawful business in a place1 the court will inquire whether the business has long existed and the place has grown up by reason of its existence4 ,if this prove to be the case a court will reluctantly interfere4 ,yet1 if the business is actually harmful to health or injurious to property1 it will be enjoined however great the loss may be to the owner4 ,while a land owner is not liable for a nuisance created on his land by a stranger1 whose acts cannot in any way be attributed to him1 he is liable for a nuisance resulting from a licensee's use of his property4 ,thus1 if a licensee by attaching a wire to a chimney converts it into a nuisance to passers-by1 the land owner who knowingly permits the nuisance to continue will be liable for the damages that result4 ,nor can one who has fouled a stream or the air1 or who indulges in disturbing noises1 defend himself for doing these things by showing that others did them before he began4 ,as a person acts at his peril in maintaining a nuisance1 so is the owner of trespassing cattle liable for all the harm done by them1 whether he knows of their disposition to do harm or not4 ,but he is not liable for harm done by them while they are driven along the highway without negligence on the driver's part2 nor is he liable for mischief done by them to the person or personal property of one at other times without knowledge of their viciousness or other proof of negligence4 ,nor is he liable by the common law as an insurer against all damage done by them when they escape from his land4 ,when vicious animals are kept for any purpose and are a menace to human beings they are a nuisance4 ,hence1 they may be killed without incurring liability1 and should they do damage their owner or responsible keeper must answer for it4 ,if the animal be a vicious dog1 the owner must exercise a degree of care commensurate with the danger to others following his escape from custody1 and must secure it from injuring anyone who does not unlawfully provoke or intermeddle with the animal4 ,by the early common law a person who started a fire1 even for a needful and lawful purpose1 was responsible for the consequences4 ,this rule has been modified with time4 ,a person1 says ,burdick1 does not start a fire on his land at his peril4 ,if it spreads beyond his premises and harms others his liability for the harm must be grounded on his negligence4 ,the same is true of his liability for electricity escaping from his control4 ,in both cases the care he must exercise in guarding the dangerous element varies with the hazard to which it exposes others4 ,the liability of a person who keeps explosives is not absolute1 unless he is maintaining a nuisance4 ,otherwise he is liable only when negligent4 ,if he is ignorant of the character of the explosive1 and without fault in not knowing1 his duty of care is fixed by the apparent character of the article4 ,suppose a carrier was carrying a trunk containing an explosive of which he had no knowledge or reason for supposing was there1 surely he would not be held liable if it exploded and caused injury4 ,the liability of a manufacturer1 seller1 lender1 or user of things is not that of an insurer in making1 selling1 lending or using them4 ,but he does incur liability whenever he fails to exercise such care as is fairly needful to protect others against the hazard in buying and using them4 ,a druggist1 therefore1 who affixes a wrong label to a bottle of medicine and thereby injures a person who uses it is responsible4 ,and the rule would apply whether the taker was the purchaser or some other person4 ,when persons are invited on one's premises for mutual advantage1 the inviter owes the duty of ordinary care4 ,he is not an insurer of their safety1 nor need he exercise extraordinary care in guarding them from harm1 unless there was unusual danger4 ,suppose a man had a way which persons used in going to and from his business1 and he began to dig a well near the way and left the place unprotected during its construction1 undoubtedly the owner would be liable4 ,suppose the well was a considerable distance from the way where persons did not usually go and had no occasion for going4 ,then he would not be liable4 ,how far away from the road could he dig without thought of the public8 ,the answer would depend on the facts in the case4 ,a somewhat different rule has been applied to children4 ,although a child of tender years who meets with an injury on the premises of a private owner may be a technical trespasser1 yet the owner may be liable1 if the things causing the injury have been left exposed and unguarded1 and are of such a nature as to be attractive to children1 appealing to their childish curiosity and instincts4 ,unguarded premises1 which are thus supplied with dangerous attractions1 are regarded as holding out implied invitations to children4 ,there has been a great deal of controversy over this important rule4 ,those opposed say1 if everywhere applied1 it would render the owner of a fruit tree1 for example1 liable for damages to a trespassing boy who1 in attempting to get the fruit1 should fall from the tree and be injured4 ,professor ,burdick1 after a full review of the cases1 says that the tide of judicial opinion is setting the other way4 ,children1 therefore1 who invade the premises of a person without any right are trespassers like older people4 ,the duty of caring for children remains with their parents and guardians2 and if they are injured while unlawfully going on the land of others their parents cannot visit the consequences of their neglect on the owners of the land where the injuries happened4 ,warranty4--,the law1 assuming that the purchaser knows or can find out the quality and worth of things1 does not make an implied warranty of them generally4 ,the legal maxim is1 ,let the purchaser beware4 ,he must take care of himself4 ,in many cases1 though1 he does obtain a warranty4 ,he must1 however1 distinguish between this and a mere representation4 ,it may be difficult to draw the line always1 but it exists4 ,a statement that is not intended as a warranty1 made simply to awaken the buyer's interest in the thing for sale1 is not a warranty4 ,nor does the law imply a warranty from the payment of a full price4 ,formerly1 when a commodity was adulterated1 it could be returned1 and the courts became sorely troubled to defend an adulteration4 ,more recently1 statutes have cleared away the difficulty1 and are a great protection to buyers4 ,in many cases1 doubtless1 they know more about the quality and condition of the things they buy than the inexperienced salesmen who are behind the counters1 so they need no protection from the law2 when they do need it a warranty may serve a good purpose4 ,in articles concerning which the seller does possess a superior knowledge1 precious stones1 drugs1 medicines1 and the like1 the modern law has raised an implied warranty for the buyer's protection4 ,in this class of cases the buyer and seller do not deal on equal terms4 ,the vendor is professedly an expert4 ,in a sale of food there is no longer an implied warranty of fitness1 unless the buyer expressly or by inspection acquaints the seller with the purpose of the purchase and unless it appears that the buyer relies on the seller's skill and judgment4 ,even then1 if the buyer has examined the goods and has discovered a defect1 there is no warranty4 ,the burden of showing that he has made known his purpose and that he has relied on the seller is on the purchaser who claims the existence of an implied warranty4 ,there is another implied warranty1 that of the seller's title1 when he is in possession of the goods4 ,this is limited to persons who are acting for themselves1 and not agents1 trustees1 officers of the law1 who are acting for others4 ,an innocent purchaser of goods1 therefore1 for a good consideration obtains a good title1 even from a vendee who has obtained them by fraud1 as against the original vendor4 ,this rule1 though very broad1 does not prevent a lawful owner from recovering his property4 ,thus1 if a farmer's oxen were stolen and the thief should sell them as his own1 and the purchaser should pay for them1 nevertheless the farmer could recover them4 ,the only exception to this rule is negotiable paper4 ,this is made in order to surround it with greater protection4 ,where goods are sold by sample there is a warranty that the goods will be like the sample1 but there is no warranty of the sample itself4 ,in one of the well-known cases hops were sold by sample1 and after the hops had been delivered the discovery was made that they had been injured by heating4 ,the buyer sued though failed to recover anything1 for it was proved that they were like the sample1 which had been shown several months before1 and at that time the heating had not begun4 ,as they were sold at the earlier period1 their condition at the time of the delivery did not affect the sale4 ,see ,deceit2 ,sale4 ,will4--,a will is a disposition of one's property to take effect after his death4 ,he is called a testator1 and must possess a sound mind to make an effective will4 ,he must be able to comprehend what he is doing4 ,wills are often contested on the ground that the testator's mind was feeble and that undue influence was exercised over him in disposing of his property4 ,married women can make wills like their husbands and so can a minor in many states4 ,all of the states have enacted statutes on the subject which require various things2 one of the most important is the witnessing of wills4 ,generally1 three witnesses are required4 ,an eminent judge1 not long since1 made a will to please his wife leaving a large sum to found an institution4 ,he was opposed to the thing4 ,the astute judge had no witnesses1 so he both fooled his wife and pleased himself1 for his will was worthless4 ,the statutes require the witnesses to sign in the testator's presence1 who often give important testimony of his competency whenever his will is contested4 ,as they may be called for this purpose1 intelligence should be used in selecting persons to become witnesses4 ,a witness who is competent at the time of signing does not become incompetent by reason of anything that may happen to him afterward4 ,a witness should not be given anything in the will1 for1 if this is done1 his act of witnessing in perhaps all the states violates the gift4 ,though this may be the consequence the rest of the will is not thereby impaired4 ,the property given is either real or personal4 ,real property consists of land extending indefinitely upward and downward1 every building thereon1 every growing thing1 likewise all minerals and in some cases even ice4 ,personal property includes everything of a movable nature4 ,a transformation is often effected4 ,a tree while standing on the land is a part thereof2 cut down it becomes personal property4 ,a will should be in writing2 and this in most states is a statutory requirement1 to guard against the wrongs and frauds that might otherwise arise4 ,a testator may write his own will1 indeed to do so would be a good test of will-making capacity4 ,if he is unable to write his name1 he may make his mark4 ,when this is done1 there should be ample proof that he did so1 for a mark can be so easily made by any one4 ,a person to whom real estate is given is called a devisee2 the receiver of personal property a legatee4 ,when the testator gives real estate he must have regard to the laws of the state where it is situated2 in giving personal property he is governed by the law of the state where he resides1 his domicil4 ,many a devise has been declared invalid1 because the testator in devising it did not comply with the law of the state where the land was located4 ,the principal ground on which wills are attacked is feebleness of mind1 lack of mental capacity4 ,the question assumes this form3 did the testator at the time he executed his will have sufficient mental capacity to do it4 ,an eminent jurist1 ,chief ,justice ,redfield1 has said that he must have undoubtedly sufficient active memory to perceive the more obvious relations of things to each other4 ,even if unable to manage his business1 he can nevertheless make a will if he knows what he is doing4 ,again an insane person may make a will provided this is done during a lucid interval4 ,many a person is insane only at times or on particular subjects and therefore may be competent to make a rational disposition of his property4 ,some persons have curious religious beliefs1 prejudices against persons1 governments and institutions1 and yet these vagaries may not impair their capacity to dispose of their property in a legal and rational manner4 ,another requirement of a testator is that he must declare in the presence of the witnesses that it is his last will and testament4 ,this is called a publication of the will4 ,of course1 his will must be completed when this is done4 ,suppose a person makes several wills1 which one of them is effective8 ,the last one4 ,a will should be dated1 suppose this has been forgotten1 what then8 ,the last will must be established1 if possible1 by other evidence4 ,suppose it is believed that the last will has been destroyed1 and a prior will is found1 can this be set up as establishing the testator's disposition of his property8 ,it is not his last will1 for he has made another4 ,any person may be a devisee or legatee including married women1 minors and corporations4 ,if a bequest is made to a corporation not in existence1 is it valid8 ,by some courts this can be done1 by others this power is denied to a testator4 ,many a well-meant bequest to a noble charity has been smitten down because there was no legal donee then existing to receive the gift4 ,a testator may bequeath property to a trustee who shall select the objects of the testator's bounty4 ,the thing bequeathed must be described with sufficient clearness to identify it1 nothing more is required4 ,in some cases proper evidence may be used to identify things where the description in the will is ambiguous4 ,a devise of lands may consist of the entire estate or interest of the testator1 or he may give the devisee a lesser interest in them4 ,it is a common thing for a testator to devise the use of land to a person during his lifetime1 and after his death the entire interest or fee to another4 ,he usually adds a final or residuary clause to his will to the effect1 that all he may have which has not been bequeathed to any one specifically shall be given to one or more persons or objects named in his will4 ,or1 if a legacy shall lapse1 that is1 the person to whom it has been given shall die1 or for any other reason cannot1 or will not take it1 it falls into the residuary portion and goes to the residuary legatee4 ,if a will does not contain such a clause1 and there is no statute in the way1 then a lapsed legacy or other property1 not covered by the will1 goes to such persons as the law has prescribed whenever persons die leaving no will1 or1 in legal language1 die intestate4 ,a will takes effect from the testator's death and so does the validity of all the bequests4 ,thus1 should a person mentioned as legatee die before the testator1 the legacy would be invalid4 ,but many or all of the states have provided by statute for the continuation of these in many cases4 ,thus1 should a son1 to whom his father has devised some land1 die leaving children1 they take it in place of their father4 ,these statutes vary much1 some limiting the substitution to the lineal heirs of the deceased1 son1 grandson1 etc41 others extending the substitutes to the collateral heirs of any devisee or legatee4 ,again1 by statute and common law a wife is entitled on the death of her husband to a specific portion of his property4 ,should he not give her as much by his will1 unless he had made an agreement with her before marriage with respect to what she was to receive1 she may renounce her rights under her husband's will and claim what the law would give her as if he had made no will4 ,a will can be revoked any time4 ,the common way is to destroy it4 ,another way is to dispose during his lifetime of his property4 ,in one of the cases a testator had indorsed on his will in his own handwriting canceled4 ,though this was not signed1 it was held to be a revocation4 ,in another case a blind testator called for his will which was handed to him4 ,he gave it back with the direction to put it in the fire4 ,instead of doing so another piece of paper was substituted and burned4 ,this was a downright fraud1 and the court justly held that the will had been revoked4 ,workmen's ,compensation ,acts4--,who is entitled to compensation by these acts8 ,the proper test to apply is1 whether the employer possessed the power to control the other while at work at the machine or other thing from which the injury arose4 ,says ,honnold3 ,in the ordinary acceptance of the term1 one who is engaged to render services in a particular transaction is not an employee2 the term employee embracing continuity of service and excluding those employed for a single and special transaction4 ,it does not usually include physicians1 pastors or professional nurses4 ,it may1 however1 include those not engaged in manual labor1 such as a school-teacher4 ,the fact that a workman furnishes tools and materials1 or undertakes to do a specified job will not prevent his being an employee4 ,a deaconess1 living and working in a hospital and receiving an annuity to cover clothing and expenses1 is not an employee of the hospital1 nor is an employee of a religious home for the aged who works around the house for which he is not paid any fixed amount4 ,a director of a bank is not an employee within the meaning of the acts under consideration4 ,to be an employee there must be a contract of service4 ,this is not the same thing as a contract for services4 ,by the latter relationship one is an independent contractor and excluded from the acts4 ,the contract of service need not be actually made1 it may be implied1 for example1 the case of a substitute who is engaged by an employee in accordance with custom4 ,a contract of service is not created by the relation of landlord and tenant1 carrier and passenger1 bailor and bailee1 nor by professional service1 nor by forming a partnership1 nor by performing manual labor beyond the employer's control4 ,whether a contract of service arises from charitable work depends on the circumstances of the particular case4 ,state employees are within these acts in some states1 and excluded in others1 likewise municipal employees4 ,by the federal act the term laborer is used to designate men who do work that requires but little skill as distinguished from an artisan who practices an industrial art4 ,the act includes a storekeeper1 an inspector who performs no manual labor1 a messenger in the government printing office1 the master of a dredge1 the matron of an ,indian school1 a transit man1 a surveyor1 a clerk engaged in office work1 an assistant veterinarian1 a laboratory assistant1 a dock master4 ,compensation legislation is not limited to healthy employees4 ,one's previous physical condition is of no consequence in determining the amount of relief to be afforded4 ,nevertheless1 it is a circumstance to be considered in ascertaining1 when one has been injured1 whether the injury resulted from the work or from his health4 ,in some of the compensation acts minors are excluded1 in other acts he is protected by them4 ,an apprentice who is qualifying himself to operate an elevator is an employee within the ,minnesota ,act4 ,many of the acts provide that the term employee shall include every person in the service of another under any contract of hire1 except one whose employment is casual1 or is not in the usual course of the trade1 business profession or occupation of his employer4 ,farm laborers are outside these acts in some states4 ,thus1 in ,massachusetts the workmen's compensation act was not intended to confer its advantages upon farm laborers1 or to impose its burdens upon farmers4 ,but a farmer may adopt it if he desires4 ,and any contract of insurance made by him under its terms is valid and enforceable4 ,such an exemption1 however1 does not except employees working for one who is engaged in a commercial or other non-agricultural enterprise though he be a farmer4 ,likewise1 a farmer carrying on a market garden may procure insurance covering his drivers and helpers employed in distributing the produce of his farm without insuring other employees who are merely farm laborers4 ,the right to compensation is determined by the character of the labor one is actually doing when the accident occurs1 rather than by the fact that the employee occasionally does farm labor4 ,thus1 plowing is usually farm labor1 but if it is done to make land ready for building a house it is not4 ,if a farmer does not avail himself of the act for all of his employees1 he may procure insurance for a limited portion of them4 ,if there are those1 says ,chief ,justice ,rugg1 separable from others by classification and definition1 whose labor is more exposed and dangerous1 or whom he may desire to protect for any other reason1 there is nothing in the act to prevent him from doing so4 ,likewise1 domestic servants are excluded by some of these acts1 who are they8 ,a household servant is one who dwells under the same roof with the family under circumstances making him a member thereof4 ,and his status is determined rather by his relation to the family than by his relation to the service4 ,thus1 a workman who is hired to tend the furnace1 mow the lawn1 and do odd jobs about the house1 who has a room therein and eats at the family table1 is a household servant4 ,on the other hand1 a chauffeur who is hired by the month to run the employer's private automobile1 but is not living as a member of the family1 is not a household servant4 ,in many cases1 however1 he is one4 ,while it is doubtful whether the test of living in the employer's house is the sole test of household service1 it is essential that he is engaged in rendering service in the house1 such as cleaning1 cooking or washing4 ,on one occasion1 a porter in a saloon was sent upstairs by the proprietor to wash the windows in the apartment where the proprietor lived with his family4 ,while thus engaged he fell to the sidewalk and was injured4 ,the court regarded him as a household servant4 ,many of the acts exclude from their protection casual employees4 ,this term is a difficult one to define1 and has been omitted in many of the acts4 ,where this is done all employees engaged in the usual course of the trade1 business1 occupation1 or profession of their employer1 with some exceptions1 receive compensation4 ,ordinarily1 an employment is casual when it is for a single day1 or by the hour1 but does not apply to one who is employed to render a service that recurs with some regularity4 ,thus1 one who is employed as a workman in a sawmill on such days as it was in operation for four months was not a casual employee4 ,casual employment in the ,connecticut act means occasional or incidental employment4 ,in ,california1 if the length of employment is less than a week it is casual1 even though contrary to agreement the employee took more than a week to do the work for which he was hired1 and which a skillful employee could have finished within a week4 ,the question whether an employment is casual must be determined with reference to the scope and purpose of the hiring rather than with sole regard to the duration and regularity of the service4 ,one who enters into a contract of employment for an entire season is not a casual employee merely because he may be required to work for only short and irregular periods4 ,thus1 a longshoreman who is employed at a certain sum per hour to help load a ship1 having frequently rendered a similar service on other occasions1 is not a casual employee2 nor is one who keeps machinery and boats in order at an amusement park2 nor is a boy who is called at irregular intervals for service in a butcher's shop when extra help is needed1 or in the absence of a regular employee2 nor is one who is employed during a packing season to drive for a packer whenever he is needed4 ,the compensation law does not apply to independent contractors4 ,it is difficult1 however1 to draw the line in many cases4 ,generally1 an independent contractor is one who exercises an independent employment and contracts to do a piece of work according to his own method1 without being subject to the control of the employer4 ,a test that is sometimes applied is1 who has the right to direct what shall be done and when and how1 and who has the right of general control4 ,when1 therefore1 one exercises an independent employment1 selects his own help and has the control of them1 and the method of conducting the work1 he is an independent contractor4 ,again1 he may change his relation for a time1 and become an employee1 or he may be a contractor for a part of his service and an employee for a part4 ,thus1 one who was injured while operating a launch to bring supplies to a dredge for his employer was an employee and not an independent contractor1 though he was one in conducting the work of dredging4 ,likewise1 a physician who is employed on a salary by another physician1 who in turn is serving a manufactory1 is an employee of the latter and not an independent contractor1 though he is still engaged to some extent in his own private practice4 ,by the ,federal act an employee must be employed by the ,united ,states to be entitled to its benefits4 ,thus1 a plate printer in the bureau of engraving and printing who is paid by the piece1 and who bonds himself and hires and pays his own help1 also the owner of a power boat chartered to the government and operated by the owner in its service1 are contractors1 and not federal employees4 ,a workman1 therefore1 who is employed by a government contractor is not an employee of the government4 ,on the other hand1 one who is employed and carried on the pay rolls of the reclamation service1 though working for the contractor1 is employed by the government1 likewise1 a workman employed in the forest service who is working with others for county supervisors who1 in turn1 are executing a contract with the government4 ,as public officers are not employees within the meaning of the compensation acts1 they may be distinguished from others who are employees4 ,unless the statute says so1 a policeman is not an employee of the city which he serves1 but an officer holding a public trust4 ,on the other hand1 a night policeman or marshal is an employee by the ,wisconsin law4 ,firemen and deputy sheriffs on a fee basis are officers rather than employees4 ,the compensation acts secure compensation not only for injured workmen1 but should they die1 to their dependents4 ,who then is a dependent8 ,dependency1 says ,honnold1 does not depend on an answer to the question whether the alleged dependents could support themselves without the earnings of the person who is no longer living1 but whether they were in fact supported in whole or in part by such earnings intentionally by him4 ,occasional gifts do not prove dependency1 yet purely voluntary contributions may establish dependency4 ,voluntary contributions of money1 support or service by a brother to a sister or by a sister to a brother are not complete evidence of the dependency of either4 ,compensation cannot be awarded to dependents who do not belong to the classes of relatives mentioned in the statutes4 ,the phrase1 actual dependents1 means dependents in fact whether they are wholly or partially dependent4 ,partial dependency1 giving a right to compensation may exist though the contributions are at irregular intervals and of irregular amounts1 and the dependent has other means of supporting himself4 ,an employee contributed all of his earnings to his mother who was partially dependent on him for support4 ,five other children contributed to the family fund4 ,it was held that the mother was entitled to a weekly compensation equal to one half of the weekly compensation of her deceased son4 ,a dependent who is an alien living in a foreign country is not debarred from receiving compensation4 ,by some of the acts such compensation to nonresidents is limited to a father or mother4 ,children who are entitled to compensation as dependents include stepchildren1 illegitimate children1 children adopted by the workman1 also posthumous1 legitimate and illegitimate4 ,the federal act provides that if the injured artisan or laborer die within the year after his injury leaving a widow1 or a child or children under sixteen years of age1 or a dependent parent1 they shall be entitled to compensation4 ,the word parent1 while including both parents1 does not include a stepfather or a stepmother1 or a foster parent who has not been legally adopted4 ,the question of dependence is one of fact2 contributions by the deceased tend to establish this1 but are not conclusive4 ,the word child or children used in the act is not limited to a child or children born in wedlock1 but includes illegitimate offspring1 and children legally adopted4 ,if an injured workman dies before he has made application for or received compensation1 it may be paid from the date of the injury to the date of his death1 as well as for the remainder of the year to his widow or family4 ,the earnings of a workman are the basis for computing the amount of compensation he is to receive for an injury4 ,these include anything that he receives for his labor that possesses a money value4 ,in the way of illustrating more clearly what he may receive the outline of a section of the ,massachusetts ,act may be given4 ,it provides what the workman may receive when his injury is partial from the insurance association which has become liable therefor4 ,a weekly compensation equal to one half the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter2 but not more than ten dollars a week1 nor for a longer period than three hundred weeks from the date of the injury4 ,formerly1 when injured1 he received as compensation a sum fixed by agreement between himself and his employer2 and if they could not agree1 as often happened1 then he sued his employer and the court decided the amount the employer must pay4 ,these suits were often costly1 long contested1 and if the employee won his counsel often took such a large share as to leave a disappointing amount to the employee4 ,on the other hand1 many an employee magnified his injury1 juries were usually sympathetic1 especially if the employer was a corporation1 and from the general dissatisfaction has been created the new system4 ,having stated in the most general way what the law provides for a workman who has been injured1 there remains the statement of what is done when the workman dies from his accident4 ,the ,arizona law illustrates this as well as any other4 ,when he dies within six months thereafter and leaves a widow1 and a minor child or children dependent on his earnings for support and education1 then the employer must pay to the personal representative of the deceased workman for the benefit of the widow and children a sum equal to twenty-four hundred times one half of the daily wages or earnings of the deceased1 not exceeding in any case more than four thousand dollars4 ,if the employer has insured the lives of his employees in an insurance company1 for which the acts quite generally provide1 then of course payment of the benefits are paid by the company to those who are entitled to them4 ,some of the compensation acts provide compensation for both total and partial incapacity resulting from injuries which do not prove fatal4 ,thus the ,connecticut act provides that loss of sight1 the loss or paralysis of certain physical members1 and incurable imbecility or insanity1 resulting from the accident shall be considered as causing total incapacity4 ,for these and all other injuries resulting in total incapacity to work1 there must be paid to the injured employee weekly1 while incapacitated1 compensation equal to half of his earnings at the time of the injury1 for a maximum and minimum period4 ,another section provides that in cases resulting in partial incapacity there must be paid to the injured employee a weekly compensation during his incapacity1 equal to half the difference between his average weekly earnings before the injury and the amount he is able to earn thereafter with a maximum and minimum limitation of the amount within a limited period4 ,legal ,forms for ,everyday ,use #a ,agreement for ,sale of ,land ,this agreement1 entered into this day of 1 #ai1 by and between ,a4,b4 and ,c4,d41 witnesseth3 ,that said ,a4,b4 has this day sold to ,c4,d4 the following described tract of land1 to-wit3 7describe7 for the sum of 1 to be paid as hereinafter set forth1 and upon the payment of which said ,a4,b4 agrees to convey to said ,c4,d4 the premises above described1 free and clear from all incumbrances1 by a deed of general warranty4 ,and the said ,c4,d4 agrees to pay said ,a4,b4 for said premises the sum of 1 as follows3 with interest at per cent on the day of 1 #ai2 ,the said ,a4,b4 agrees that said ,c4,d4 shall have immediate possession of said premises for the purpose of residence1 cultivation1 and improvement4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,a4,b4 ,c4,d4 #b ,agreement ,concerning ,party ,wall ,this agreement1 made this day of 1 #ai1 by and between ,a4,b4 and ,c4,d41 of the city of 1 witnesseth3 ,that1 whereas1 the said ,c4,d4 is the owner of the house and lot on the south side of ,street1 second lot east of ,street1 and the said ,a4,b4 is the owner of the lot adjoining the same next easterly thereof1 on which said lot there now stands a party wall on a line parallel with ,street2 and forty-four feet easterly from said ,street2 and1 whereas1 the said ,a4,b4 has erected his dwelling-house several feet 7one story7 higher than the said ,c4,d41 whereby greater advantage may accrue to the said ,a4,b4 from said party wall4 ,now1 therefore1 the said ,c4,d41 in consideration of the sum of #a1 to him in hand paid1 the receipt whereof is hereby acknowledged1 doth grant1 covenant1 promise1 and agree with the said ,a4,b41 that he may peacefully and lawfully enjoy such party wall1 to himself1 his heirs1 and assigns1 the said ,c4,d4 reserving to himself the right to use the said portion of the party wall built by the said ,a4,b41 whenever he may wish to build higher than his house now is4 ,it is further mutually understood and agreed1 between the respective parties1 that this agreement shall remain so long as the houses last1 and shall pass to the heirs and assigns of the respective parties to these presents4 ,witness our hands and seals1 the day and year first above written4 ,a4,b4 7,l4,s47 ,c4,d4 7,l4,s47 #c ,agreement for ,building ,this agreement1 entered into this day of 1 #ai1 between ,a4,b4 and ,c4,d4 witnesseth3 ,that the said ,a4,b4 hereby agrees with the said ,c4,d4 to erect for him on 7describe land7 a 7dwelling-house7 in conformity with the drawing and detailed specifications of one ,e4,f41 architect1 the work to be performed in a substantial and workmanlike manner1 and with the best materials of their respective kinds1 the same to be furnished1 together with all things necessary to erect and complete said building1 at the cost and expense of the said ,a4,b41 payments to be made as follows3 7specify terms7 upon the certificate of the architect1 provided that said estimates shall not at any time before the completion of said building exceed the basis of #he per cent of the value of the work so executed4 ,and the said ,c4,d4 hereby agrees with said ,a4,b4 to pay to him the sum of for the erection and completion of said building in the manner aforesaid1 7monthly7 estimates to be made by said ,e4,f41 architect1 of the amount then due to said ,a4,b4 thereon1 upon the presentation of which estimate said ,c4,d4 agrees to pay #he per cent of the same1 the remaining #ae per cent to be retained until the completion of said building4 ,and on the completion of said work in the manner aforesaid to the satisfaction of said architect1 and upon the presentation of his certificate to that effect1 said ,c4,d4 agrees to pay said ,a4,b4 the balance remaining unpaid on said contract1 including the fifteen per cent retained until the completion of the work4 ,the said ,a4,b4 further agrees to complete said building as aforesaid and deliver the same to said ,c4,d4 on or before the day of 1 #ai4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,a4,b4 ,c4,d4 #d ,claim of ,lien by ,workman of ,sub-,contractor ,a4,b4 to ,c4,d41 ,dr4 ,june #ast1 #ai4 ,to twenty-five days' labor at carpenter work1 at #e per day1 upon the dwelling-house situated on lot ,b in block #cej1 in the city 1 county1 1 which services were rendered on and before the #ast day of ,june1 #ai1 and then payable4 7,signed7 ,c4,d4 #e ,agreement for ,work and ,labor ,this agreement1 entered into this day of 1 #ai1 by and between ,a4,b4 and ,c4,d41 witnesseth3 ,that the said ,a4,b4 agrees faithfully to labor for ,c4,d4 for the term of 7six7 months from the first day of 1 #ai1 at farm labor1 on the farm of said ,c4,d41 in county1 and to perform such other services as may be reasonable and just1 for which services said ,c4,d4 agrees to pay said ,a4,b4 the sum of per month 7on the day of 1 #ai47 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,a4,b4 ,c4,d4 #f ,bond to ,perform a ,contract ,know all men by these presents1 that1 we ,a4,b41 as principal1 and ,c4,d41 as surety1 are held and firmly bound unto ,e4,f41 in the sum of 1 for the payment of which well and truly to be made we bind ourselves jointly and severally by these presents4 ,dated this day of 1 #ai4 ,whereas1 said ,a4,b4 had1 by an agreement of this date1 contracted in writing with said ,e4,f4 to 7here describe the contract74 ,now1 therefore1 the condition of this obligation is such that if the said ,a4,b4 shall do and perform all the stipulations and agreements contained in said written contract then this obligation to be null and void4 ,otherwise to remain in full force and effect4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,a4,b4 ,c4,d4 #g ,bill of ,sale ,know all men by these presents1 that 1 of the first part1 for and in consideration of the sum of 1 lawful money of the ,united ,states1 to in hand paid1 at or before the ensealing and delivery of these presents by 1 of the second part1 the receipt whereof is hereby acknowledged1 ha bargained and sold1 and by these presents do grant and convey1 unto the said part of the second part1 executors1 administrators1 and assigns 7description of property2 or if detailed description is contained in schedule annexed1 say1 the goods and chattels particularly described in a schedule hereunto annexed and made a part of this instrument71 to have and to hold the same unto the said part of the second part1 executors1 administrators1 and assigns forever4 ,and do for heirs1 executors1 administrators1 covenant and agree1 to and with the said part of the second part1 to warrant and defend the sale of the said property hereby sold unto the said part of the second part1 executors1 administrators1 and assigns1 against all and every person and persons whomsoever4 ,in witness whereof1 have hereunto set hand and seal the day of in the year one thousand nine hundred and 4 ,sealed and delivered in the presence of 7,acknowledgment clause47 #h ,bill of ,sale--,shorter ,form ,know all men by these presents1 that ,i of the county of 1 in the state of 1 do hereby bargain1 sell1 and convey to said 1 the following described personal property now belonging to me1 to-wit3 7describe in detail74 ,and ,i hereby covenant with said 1 to warrant the title of said property to said against the lawful claims of all persons whomsoever4 ,in witness whereof ,i have hereunto set my hand this day of 1 #ai4 7,signed7 ,in the presence of #i ,warranty ,deed ,know all men by these presents1 that we 1 and 1 husband and wife1 in consideration of the sum of 1 in hand paid1 do hereby grant1 bargain1 sell1 and convey to 1 of county1 1 the following described real estate situate in the county of 1 and state of ,iowa1 to-wit3 7describe premises71 to have and to hold to his heirs and assigns forever4 ,together with all the tenements1 hereditaments1 and appurtenances thereto belonging4 ,and we hereby covenant with said that we are lawfully seized of said premises2 that they are free from incumbrances2 that we have good right and lawful authority to sell the same1 and we covenant to warrant and defend the same against the lawful claims of all persons whomsoever4 ,and the said 1 hereby relinquishes her right of dower in said premises4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,in presence of ,state of ,county4 ,on this day of 1 #ai1 before me1 a justice of the peace in and for said county1 personally came the above named 1 who are known to me to be the identical persons whose names are affixed to the above deed as grantors1 and severally acknowledge the instrument to be their voluntary act1 and deed4 ,in witness whereof ,i have hereunto set my hand the day and year above written4 ,a4,b4 ,justice of the ,peace4 #aj ,warranty ,deed in ,common ,use in ,new ,england ,know all men by these presents1 that ,i1 7the grantor7 of 7residence1 town or city1 county and state71 7occupation71 in consideration of 7the amount paid7 to me paid by 7here name the grantee or purchaser1 giving in like manner his residence and occupation71 the receipt whereof is hereby acknowledged1 do hereby give1 grant1 bargain1 sell and convey unto the said 7name the grantee1 and then describe the premises granted1 minutely and accurately73-- ,to have and to hold the above-granted premises1 to the said 7name the grantee71 his 7hers or their7 heirs and assigns1 to his 7or her or their7 use and behoof forever4 ,and then1 the said 7name the grantor71 for 7myself7 and 7my7 heirs1 executors1 and administrators1 do covenant with the said 7name of the grantee71 and with his heirs and assigns1 that ,i am lawfully seized in fee simple of the aforegranted premises2 that they are free from all incumbrances 7if there be any incumbrances1 as a mortgage or lien1 or right of way1 or drain1 or air1 or light1 say excepting1 and then describe the incumbrance71 that ,i have good right to sell and convey the same to the said 7name of the grantee71 and his 7or her7 heirs and assigns forever as aforesaid2 and that ,i will1 and my heirs1 executors1 and administrators shall1 warrant and defend the same to the said 7name of the grantee71 and his heirs and assigns forever1 against the lawful claims and demands of all persons4 ,in witness whereof1 ,i the said 7name of the grantor7 and 7name of his wife71 wife of said grantor1 in token of her release of all right and title of or to dower in the granted premises1 have hereunto set our hands and seals this day of in the year of our ,lord 7,signature7 7,seal7 ,signed1 ,sealed1 and ,delivered in the ,presence of #aa ,deed of ,indenture--,short ,form ,this indenture1 made the day of 1 #ai1 between 7insert occupation and residence71 of the first part1 and 7insert occupation and residence71 of the second part1 ,witnesseth3 ,that the said part of the first part1 in consideration of dollars1 lawful money of the ,united ,states1 paid by the part of the second part1 do hereby grant and release unto the said part of the second part1 h heirs and assigns forever 7description of land74 ,together with the appurtenances and all the estate and rights of the part of the first part in and to said premises4 ,to have and to hold the above-granted premises unto the said part of the second part1 h heirs and assigns forever4 ,and that said part of the first part do covenant with said part of the second part1 as follows3 ,that the part of the first part will forever warrant the title to said premises4 ,in witness whereof1 the said part of the first part ha hereunto set h hand and seal 1 the day and year first above written4 ,in the presence of 7,acknowledgment clause47 #ab ,quit ,claim ,deed ,know all men by these presents1 that we1 and 1 husband and wife1 in consideration of the sum of 1 in hand paid1 do hereby sell and quit claim to all our right1 title and interest in and to the following described real estate1 situate in the county of 1 and state of 1 to-wit3 7describe premises7 to have and to hold the above described premises to the said 1 and his heirs and assigns forever4 ,in witness whereof1 we have hereunto set our hands this day of 1 #ai4 ,in presence of ,state of ,county4 ,on this day of 1 #ai1 before me1 a justice of the peace1 in and for said county1 personally came the above named 1 who are known to me to be the identical persons whose names are affixed to the above deed as grantors1 and severally acknowledged the instrument to be their voluntary act and deed4 ,witness my hand the date above given4 ,a4,b4 ,justice of the ,peace4 #ac ,quit ,claim ,deed--,another ,form ,this indenture1 made this day of 1 in the year of our ,lord1 #ai1 between 1 of the first part1 and 1 of the second part1 witnesseth3 ,that the said part of the first part1 in consideration of the sum of dollars1 to 1 in hand paid by the said part of the second part1 the receipt whereof is hereby confessed and acknowledged1 ha bargained1 sold1 remised1 and quitclaimed1 and by these presents do bargain1 sell1 remise1 and quitclaim unto the said part of the second part and to 1 heirs and assigns forever1 all together with all and singular the hereditaments and appurtenances thereto belonging1 or in anywise appertaining1 and the reversion and reversions1 remainder and remainders1 rents1 issues1 and profits thereof1 and all the estate1 right1 title1 interest1 claim1 and demand whatsoever1 of the said part of the first part1 either in law or equity1 of1 in1 and to the above-bargained premises1 with the said hereditaments and appurtenances1 to have and to hold the said to the said part of the second part1 heirs and assigns1 to the sole and only proper benefit and behoof of the said part of the second part1 heirs and assigns forever4 ,in witness whereof1 the part of the first part ha hereunto set hand and seal 1 the day and year first above written4 ,sealed and delivered in the presence of 7,acknowledgment clause47 #ad ,quit ,claim ,deed--,short ,form ,in consideration of #ajj1 to me in hand paid by ,c4,d41 ,i1 ,a4,b41 hereby sell1 grant1 release1 and quitclaim to said ,c4,d41 that certain lot 7here insert description74 ,to have and to hold the said released premises unto the said ,c4,d41 and his heirs and assigns forever4 ,witness my hand and seal1 this day of 1 #ai4 7,acknowledgment clause47 ,a4,b4 7,l4,s47 #ae ,mortgage ,know all men by these presents1 that and 1 husband and wife1 in consideration of the sum of 1 to us in hand paid1 do hereby grant1 bargain1 sell1 and convey to of 1 the following described real estate1 to-wit3 7describe premises74 ,together with all the tenements and appurtenances thereunto belonging4 ,and we do hereby covenant with said that we are lawfully seized of said premises2 and we will warrant and defend1 the same against the lawful claims of all persons whomsoever4 ,provided1 however1 and these presents are upon this express condition4 ,that whereas on the day of 1 #ai1 executed and delivered to promissory notes1 as follows3 ,the first of said notes for the sum of 1 with interest from date1 is due and payable 1 #ai1 and the second of said notes for the sum of with interest from date1 is due and payable on the day of 1 #ai4 ,now if said shall pay said notes and interest thereon1 when they shall become due1 then this conveyance shall be null and void1 otherwise to remain in force and effect4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,in presence of ,acknowledgment as to deed4 #af ,mortgage with ,power of ,sale ,this ,indenture1 made the day of in the year between 7name1 residence1 and occupation of mortgagor7 party of the first part1 and 7name1 residence1 and occupation of mortgagee7 party of the second part1 ,witnesseth3 ,that the said party of the first part1 in consideration of the sum of 7the amount of the debt7 to him duly paid before the delivery hereof1 has bargained and sold1 and by these presents does grant and convey to the said party of the second part1 and his heirs and assigns forever1 all 7here describe the premises minutely and accurately7 with the appurtenances1 and all the estate1 right1 and title1 and interest of the said party of the first part therein4 ,this grant is intended as a security for the payment of 7here describe the debt7 which payments1 if duly made1 will render this conveyance void4 ,and if default shall be made in the payment of the principal or interest above mentioned1 then the said party of the second part1 or his executors1 administrators1 or assigns1 are hereby authorized to sell the premises above granted1 or so much thereof as will be necessary to satisfy the amount then due with the costs and expenses allowed by law4 ,in witness whereof1 the said party of the first part has hereunto set his hand and seal the day and year first above written4 7,signature7 7,seal7 ,sealed and delivered in the presence of ,,state ,,of ,,county ,,of ,,ss4 ,on the day of in the year one thousand nine hundred and before me personally came 7name of mortgagor7 who is known to me to be the individual described in1 and who executed the foregoing instrument1 and acknowledged that he executed the same1 as his free act and deed4 #ag ,chattel ,mortgage with ,power of ,sale ,know all men by these presents1 that ,i1 ,a4,b41 in consideration of the sum of paid by ,c4,d41 have bargained and sold1 and by these presents do hereby sell and convey to said ,c4,d4 the following goods1 and chattels1 to-wit3 7describe the articles mortgaged1 or refer to them as the goods and chattels mentioned in the schedule hereto annexed71 and which is now in my possession4 ,whereas1 the said ,a4,b4 is justly indebted to ,c4,d4 in the sum of 1 payable on the day of 1 #ai1 with interest at ten per cent from the day of 1 #ai 7upon a promissory note of even date herewith1 or for goods sold and delivered74 ,now the condition of the above obligation is such that if the said ,a4,b4 shall well and truly pay said ,c4,d4 said sum of money and interest when the same shall become due1 then this conveyance shall be void1 otherwise to remain in full force and effect4 ,it is also agreed that said ,a4,b4 may retain possession of the said mortgaged property until said debt becomes due4 ,but if default be made in the payment of said sum or any part thereof1 the said ,c4,d4 and his assigns are hereby authorized to sell said goods and chattels1 or so much thereof as will be necessary to satisfy the amount then due1 together with the costs and expenses incurred by reason of said default4 7,signed7 ,a4,b4 ,in the presence of ,e4,f4 #ah ,mortgage on ,goods and ,chattels--,another ,form ,know all men by these presents1 that ,a4,b41 residing at 1 of the first part1 for securing the payment of the 1 hereinafter mentioned1 and in consideration of the sum of #a1 to in hand paid1 at or before the ensealing and delivery of these presents1 by ,c4,d41 of the second part1 the receipt whereof is hereby acknowledged1 ha granted1 bargained1 sold1 and assigned1 and by these presents do grant1 bargain1 sell1 and assign unto the said part of the second part1 all now remaining and being 4 ,to have and to hold1 all and singular1 the goods and chattels above bargained and sold1 or intended so to be1 unto the said part of the second part1 executors1 administrators1 and assigns forever4 ,and the said part of the first part1 for heirs1 executors1 and administrators1 all and singular1 the said goods and chattels above bargained and sold unto the said part of the second part1 executors1 administrators1 and assigns1 against the said part of the first part1 and against all and every person or persons whomsoever shall and will warrant1 and by these presents forever defend4 ,upon condition1 that if the said part of the first part shall and do well and truly pay1 or cause to be paid1 unto the said part of the second part1 executors1 administrators1 or assigns1 the sum of 1 then these presents and everything herein contained shall cease and be void4 ,and the said part of the first part1 for executors1 administrators1 and assigns1 do covenant and agree to and with the said part of the second part1 executors1 administrators1 and assigns1 to make punctual payment of the money hereby secured 4 ,and in case default shall be made in payment of the said sum above mentioned1 or in case the said part of the second part shall sooner choose to demand the said goods and chattels1 it shall and may be lawful for1 and the said part of the first part do hereby authorize and empower the said part of the second part1 executors1 administrators1 and assigns1 with the aid and assistance of any person or persons1 to enter and come into and upon the dwelling-house and premises of the said part of the first part1 and in such other place or places as the said goods and chattels are or may be held or placed1 and take and carry away the said goods and chattels to sell and dispose of the same for the best price they can obtain1 at either public or private sale1 and out of the money to retain and pay the said sum above mentioned1 with the interest and all expenses and charges thereon1 rendering the overplus 7if any7 unto the said part of the first part1 executors1 administrators1 and assigns4 ,and until default be made in the payment of the aforesaid sum of money1 the said part of the first part to remain and continue in quiet and peaceable possession of the said goods and chattels1 and the full and free enjoyment of the same1 unless the said part of the second part1 executors1 administrators1 or assigns1 shall sooner choose to demand the same2 and until such demand be made1 the possession of the said part of the first part shall be deemed the possession of an agent or servant1 for the sole benefit and advantage of his principal1 the said part of the second part4 ,in witness whereof1 the said part of the first part1 ha hereunto set hand and seal this day of 1 #ai4 ,sealed and delivered in the presence of ,county of ss43 ,on this day of 1 #ai1 before me came 1 to me known to be the person described in and who executed the foregoing instrument1 and acknowledged that he executed the same4 #ai ,notice of ,sale under ,chattel ,mortgage ,notice is hereby given that by virtue of a chattel mortgage1 dated on the day of 1 #ai1 and duly filed in the office of the county clerk of county1 on the day of 1 #ai1 and executed by ,a4,b4 to ,c4,d4 to secure the payment of the sum of 1 and upon which there is now due the sum of 4 ,default having been made in the payment of said sum1 and no suit or other proceeding at law having been instituted to recover said debt or any part thereof1 therefore1 ,i will sell the property therein described1 viz43 7here describe the articles substantially as in the mortgage7 at public auction at the house of 1 in the 7city1 town1 or precinct7 of 1 in county1 on the day of 1 at one o'clock ,p4,m4 of said date4 ,c4,d4 ,mortgagee4 ,dated 1 1 #ai4 #bj ,assignment of ,mortgage ,this instrument1 made this day of 1 #ai1 between 1 of the first part1 and 1 of the second part1 witnesseth3 ,that the part of the first part1 for a good and valuable consideration1 to in hand paid by the part of the second part1 ha sold1 assigned1 transferred1 and conveyed1 and do hereby sell1 assign1 transfer1 and convey to the part of the second part1 a certain mortgage1 bearing date the day of 1 #ai1 made by 1 recorded in the clerk's office of county1 in liber 1 of mortgages1 at page 1 on the day of 1 #ai1 at o'clock m41 together with the bond accompanying said mortgage1 and therein referred to1 and all sums of money due and to grow due thereon4 ,and the part of the first part hereby covenant that there is due on the said bond and mortgage the sum of 4 ,in witness whereof1 the part of the first part ha hereunto set hand and seal the day and year first above written4 7,assignment clause47 #ba ,agreement for ,lease ,this is to certify that ,i have1 on this #ast day of 1 #ai1 let and rented to ,c4,d41 lot 1 in block 1 in the city to 1 1 together with the dwelling-house thereon1 with all the appurtenances1 and the sole and uninterrupted possession thereof for one year from this date1 at the yearly rent of 1 payable quarterly in advance2 rent to cease in case of the destruction of the premises by fire4 7,signed7 ,a4,b4 #bb ,lease ,this agreement1 entered into this first day of 1 #ai1 between ,a4,b4 and ,c4,d41 witnesseth3 ,that the said ,a4,b41 in consideration of the covenants of the said ,c4,d41 hereinafter set forth1 does hereby lease to the said ,c4,d41 from the first day of 1 #ai1 to the day of 1 #ai1 the following described property1 to-wit3 7,the southeast quarter of section #ae1 in township #ab north1 range #ad east of #fth principal meridian74 ,and the said ,c4,d41 in consideration of the leasing of the premises as above set forth1 does hereby covenant and agree to pay said ,a4,b4 the rent following1 to-wit3 7,insert terms and mode of payment74 ,the said ,c4,d4 also covenants with the said ,a4,b4 that he will cultivate said land in a good and husband-like manner2 that he will keep said premises in as good a condition as they now are2 the usual wear and incidents by fire excepted1 and that he will yield peaceable possession of the same to said ,a4,b4 at the expiration of said term4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,a4,b4 ,c4,d4 ,in presence of ,e4,f4 #bc ,lease--,another ,form ,landlord and ,tenant's ,agreement ,this instrument1 made and executed this day of 1 #ai1 between 1 of the 1 part of the first part1 and 1 of the 1 part of the second part1 witnesseth3 ,that the part of the first part ha hereby let and rented to the part of the second part1 and the part of the second part ha hereby hired and taken from the part of the first part1 for the term of years ---- to commence the day of 1 #ai1 at the yearly rent of dollars1 payable 4 ,and the part of the second part hereby covenant to and with the part of the first part to make punctual payment of the rent in the manner aforesaid1 and quit and surrender the premises at the expiration of said term1 in as good state and condition as they are now in1 reasonable use and wear thereof1 and damages by the elements excepted1 and further covenant that he1 the part of the second part1 will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire4 ,and further covenant that he1 the part of the second part1 will not assign this lease or underlet the said premises1 or any part thereof1 to any persons whomsoever1 without first obtaining the written consent of said part of the first part1 and in case of not complying with this covenant1 the part of the second part agree to forfeit and pay to the part of the first part the sum of dollars1 as and for liquidated damages which are hereby liquidated and fixed as damages and not as a penalty4 ,this lease is made and accepted on this express condition1 that in case the part of the second part should assign this lease or underlet the said premises1 or any part thereof1 without the written consent of the part of the first part1 that then the part of the first part1 his heirs or assigns1 in his option1 shall have the power and the right of terminating and ending this lease immediately1 and be entitled to the immediate possession of said premises1 and to take summary proceedings against the part of the second part1 or any person or persons in possession as tenant1 having had due and legal notice to quit and surrender the premises1 holding over their term4 ,it is further agreed between the parties1 that in case said premises should be destroyed by fire before or during said term1 that then this lease is to cease and determine2 the rent to be paid up to that time4 ,in witness whereof1 the parties have hereunto set their hands and seals the day and year first above written4 ,in the presence of #bd ,farm ,lease ,this indenture1 made the day of in the year of our ,lord1 #ai1 between ,a4,b41 of the city of 1 party of the first part1 and ,c4,d41 of the same place1 party of the second part1 witnesseth3 ,that the said party of the first part1 in consideration of the rents1 covenants1 and agreements hereinafter mentioned1 reserved1 and contained on the part of the said party of the second part1 his executors1 administrators1 and assigns1 to be paid1 kept1 and performed1 has demised and to farm let1 unto the said party of the second part1 his executors1 administrators1 and assigns1 all 7insert description71 with the appurtenances1 unto the said party of the second part1 his executors1 administrators1 and assigns1 from the day of 1 #ai1 for the term of ten years then next ensuing1 yielding and paying therefor1 unto the said party of the first part1 his heirs or assigns1 yearly and every year during the said term hereby granted1 the yearly rent or sum of 1 in equal half-yearly payments1 to-wit3 on the #ast days of ,october and ,april in each and every year2 provided1 that if the yearly rent above reserved1 or any part thereof1 shall be unpaid on any day of payment whereon the same ought to be paid as aforesaid2 or if default shall be made in any of the covenants or agreements herein contained1 on the part of the said party of the second part1 his heirs or assigns1 to re-enter upon the said premises1 and the same to have again1 as in their first and former estate4 ,and the said party of the second part does covenant and agree1 with the said party of the first part1 his heirs and assigns1 that he1 the said party of the second part1 his executors1 administrators1 or assigns1 will yearly and every year during the said term1 pay unto the said party of the first part1 his heirs or assigns1 the yearly rent above reserved1 on the days and in manner limited and prescribed as aforesaid1 for the payment thereof1 without any deduction or delay4 ,and that the said party of the second part1 his executors1 administrators1 or assigns1 will1 at his own proper costs and charges1 bear1 pay1 and discharge all taxes1 duties1 and assessments1 as may1 during the said term hereby granted1 be charged1 assessed1 or imposed upon the said demised premises4 ,and that on the determination of the estate hereby granted1 the said party of the second part1 his executors1 administrators1 or assigns1 shall and will leave and surrender unto the said party of the first part1 his heirs or assigns1 the said demised premises in as good stage and condition as they are now in1 ordinary wear and damages by the elements excepted4 ,and the said party of the first part does covenant and agree1 with the said party of the second part1 his executors1 administrators1 and assigns1 that the said party of the second part1 his executors1 administrators1 and assigns1 paying the said yearly rent above reserved1 and performing the covenants and agreements aforesaid on his part1 the said party of the second part1 his executors1 administrators1 and assigns1 shall and may at all times during the said term hereby granted1 peaceably have1 hold1 and enjoy the said demised premises1 without any manner of trouble or hindrance of or from the said party of the first part1 his heirs or assigns1 or any other person or persons whomsoever4 ,in witness whereof1 the parties to these presents have hereunto set their hands and seals4 ,sealed and delivered in the presence of ,a4,b4 7,l4,s47 #be ,lease of ,furnished ,rooms ,memorandum4 ,it is agreed by and between ,a4,b4 and ,c4,d41 as follows1 viz43 ,the said ,a4,b41 in consideration of the rent hereinafter mentioned and agreed to be paid to him1 hath letten to the said ,c4,d4 one room1 up two flights of stairs forward1 part of the now dwelling-house of the said ,a4,b4 situate on ,street1 in the city of 1 together with the furniture at present standing therein--that is to say3 7insert furniture74 ,to hold to the said ,c4,d4 for the term of two years1 to commence from 1 #ai1 at the yearly rent of #ajj1 to be paid quarterly to the said ,a4,b4 ,the said ,c4,d41 in consideration hereof1 agrees to pay the aforesaid yearly rent of #ajj1 at the times above limited for payment thereof2 and at the end of the term1 or in case of any default in the payment1 shall and will1 on the request of the said ,a4,b41 or his assigns1 immediately yield and deliver up to him or them1 the peaceable and quiet possession of the said room1 together with the whole furniture he1 from the first entrance thereon1 there found and possessed1 in good1 and sufficient plight and condition1 reasonable wear and tear only excepted4 ,in witness whereof the parties have signed this agreement1 this day of 1 #ai4 ,a4,b4 ,c4,d4 #bf ,assignment of ,lease ,for and in consideration of the sum of 1 to me in hand paid by ,e4,f41 ,i hereby assign and transfer to said ,e4,f4 a certain lease1 bearing date 1 #ai1 and made by ,a4,b4 to me1 ,c4,d41 for 7describe the premises71 together with all and singular the buildings and appurtenances thereunto belonging1 or in any wise appertaining1 subject1 however1 to the rents hereafter to accrue and the covenants and conditions contained in said lease4 ,c4,d4 #bg ,assignment of ,lease--,another ,form ,know all men by these presents1 that ,i1 ,a4,b41 the within-named lessee1 for and in consideration of #ej1 to me in hand paid by ,c4,d41 of the town of ,franklin1 ,county of ,albany1 at and before the sealing and delivery hereof1 the receipt whereof ,i do hereby acknowledge1 have granted1 assigned and set over1 and by these presents do grant1 assign and set over1 unto the said ,c4,d41 his executors1 administrators1 and assigns1 the within indenture of lease1 and all that house and farm therein described1 with the appurtenances1 and also my estate1 right1 title1 term of years yet to come1 claim and demand whatsoever1 of1 in1 to1 or out of the same4 ,to have and to hold the said house and farm1 and the appurtenances thereof unto the said ,c4,d41 his executors1 administrators1 and assigns1 for the residue of the term within mentioned1 under the yearly rent and covenants within reserved and contained1 on my part and behalf to be done1 kept and performed4 ,witness my hand and seal1 this ,june #bj1 #ai4 ,a4,b4 7,l4,s47 7,acknowledgment47 #bh ,notice to ,quit ,to ,c4,d43 ,i hereby notify you to leave the premises now occupied by you1 to-wit3 7,lot #h in ,block #add1 in the city of 1 county1 47 ,if you fail to comply with this notice within three days after its service1 ,i shall instigate legal proceedings to obtain possession of said premises4 7,signed7 ,a4,b4 #bi ,subscription to ,build a ,church ,whereas1 the trustees of the church corporation1 known as the ,church of the ,puritans1 are about erecting a church edifice for such corporation2 now1 we1 the undersigned1 for the purpose of such erection1 hereby agree to and with such trustees and to and with each other1 to pay to ,b4,b41 the treasurer of said corporation1 the several sums by us set opposite our several names1 for the purpose of such erection1 and we hereby authorize and direct the said trustees to expend such sums in the erection of the same4 ,the said sums are to be paid to the said treasurer on or before the #ast day of ,march1 #aijj4 ,,names ,,amount ,a4,b4 #fjj ,c4,c4 #djj #cj ,power of ,attorney ,know all men by these presents1 that we and 1 husband and wife of the county of 1 and state of 1 have made1 constituted and appointed1 and do hereby make1 constitute and appoint of the county of 1 and state of 1 our true and lawful attorney for us and in our names1 place and stead1 to sell and convey by a good and sufficient deed1 with full covenants of warranty the following described real estate1 to-wit3 7describe71 hereby giving and granting to our said attorney full power to do and perform every act and thing necessary to be done in the premises as fully as we could do if personally present1 hereby ratifying and confirming all that our said attorney shall do by virtue hereof4 ,in witness whereof we have hereunto set our hands this day of 1 #ai4 ,in the presence of ,state of ,county4 ,on this day of 1 #ai1 before me1 a justice of the peace in and for said county1 personally came the above named and 1 who are known to me to be the identical persons whose names are affixed to the above power of attorney as makers thereof1 and severally acknowledged the instrument to be their voluntary act and deed4 ,in witness whereof ,i have hereunto set my hand the day and year above written4 ,a4,b4 ,justice of the ,peace4 #ca ,power of ,attorney to ,transfer ,stock ,know all men by these presents1 that 1 for value received1 ha bargained1 sold1 and assigned1 and by these presents do bargain1 sell1 and assign unto 1 the following described stock1 to-wit3 unto 1 belonging and held by certificate ,no4 1 in name1 and hereunto annexed1 and do hereby constitute and appoint 1 true and lawful attorney1 irrevocably1 for 1 and in name and stead1 to use1 to assign and transfer the said stock unto and for that purpose to make and execute the necessary acts of assignment and transfer1 and an attorney1 or attorneys under 1 for that purpose1 to make and substitute1 and to do all other lawful acts requisite for effecting the premises1 hereby ratifying and confirming the same4 ,in witness whereof have hereunto set hand and seal in the city of 1 the day of 1 in the year of our ,lord1 #ai4 ,state of ,ohio1 ,city and ,county of ss43 ,on the day of 1 #ai1 personally appeared before me 1 to me known to be the person described in1 and who executed the within instrument1 and acknowledged the execution of the same for the uses and purposes therein mentioned4 #cb ,certificate of ,stock ,no4 ,no4 of shares ,par value of each1 ,the ,company3 ,this is to certify that is the owner of shares of the capital stock of the ,company1 transferable only on the books of the company by the holder thereof1 in person or by attorney1 on the surrender of this certificate4 ,in witness whereof1 the said company has caused its corporate seal to be affixed1 hereto1 and this certificate to be signed by its president and treasurer4 1 ,n4,y4 1 #ai4 ,president4 ,treasurer4 ,on back of the certificate a blank transfer1 in following form1 should be printed4 ,for value received1 hereby sell1 assign1 and transfer unto shares of the within-mentioned stock1 and do hereby constitute and appoint 1 attorney to transfer the same on the books of the company4 ,witness my hand and seal1 this day of 1 #ai4 ,witness3 7,,seal7 #cc ,agreement to ,sell ,shares of ,stock ,memorandum of agreement1 made this day of 1 #ai1 between ,a4,a41 of the city of ,new ,york1 of the first part1 and ,b4,b41 of the same place1 of the second part1 witnesseth3 ,that the said ,a4,a4 agrees to sell and convey to the said ,b4,b41 on or before the #ast day of ,may next1 #a1jjj shares of the capital stock of the ,new ,haven ,bank1 for the price or sum of #aaj per share1 and to make1 execute1 and deliver to the said ,b4,b4 all assignments1 transfers1 and conveyances necessary to assure the same to him1 his heirs and assigns4 ,in consideration whereof1 the said ,b4,b4 agrees to pay unto the said ,a4,a4 the price or sum or #aaj for each and every share of the said stock so assigned1 whenever1 and as soon as the said assignment and the scrip of stock so assigned shall be properly executed and delivered to the said ,b4,b4 ,in witness whereof1 the said parties have hereunto set their hands and seals1 the day and year first above written4 ,a4,a4 7,l4,s47 ,b4,b4 7,l4,s47 #cd ,transfer of ,shares of ,stock ,know all men by these presents1 that ,i1 ,a4,b41 for value received1 have bargained1 sold1 assigned1 and transferred1 and by these presents do bargain1 sell1 assign1 and transfer unto ,c4,d41 sixteen shares of the capital stock1 standing in my name on the books of the ,first ,national ,bank1 and do hereby constitute and appoint the said ,c4,d41 my true and lawful attorney1 irrevocable1 for me and in my name and stead1 but to his use1 to sell1 assign1 transfer1 and set over all or any part of the said stock1 and for that purpose1 to make and execute all necessary acts of assignment and transfer1 and one or more persons to substitute with like full power1 hereby ratifying and confirming all that my said attorney1 or his substitute1 or substitutes1 shall lawfully do by virtue hereof4 ,in witness whereof1 ,i have hereunto set my hand and seal the day of 1 #ai4 ,a4,b4 7,,seal7 #ce ,assignment of ,policy of ,insurance ,know all men by these presents1 that ,i1 ,a4,b41 of the village of ,coxsackie1 for and in consideration of #be1 to me in hand paid by ,c4,d4 of the same place1 the receipt whereof is hereby acknowledged1 have sold1 assigned1 transferred1 and set over1 and by these presents do sell1 assign1 transfer1 and set over1 unto the said ,c4,d4 the policy of insurance1 known as policy ,no4 #bc1fhe of the ,indemnity ,insurance ,company1 and all sum and sums of money1 interest benefit and advantage whatsoever1 now due1 or hereafter to arise1 or to be had or made by virtue thereof1 to have and to hold the same unto the said ,c4,d41 and his assigns forever4 ,in witness whereof1 ,i have hereto affixed my hand1 this ,june #bj1 #ai 7,a4,b47 7,acknowledgment47 #cf ,assignment of ,patent ,right ,whereas1 letters-patent1 bearing the date the #ajth of ,january1 #aiba1 were granted and issued by the ,government of the ,united ,states1 under the seal thereof1 to ,a4,b41 of the town of ,bristol1 of the ,state of ,pennsylvania1 for 7here state the nature of the invention7 a more particular and full description thereof is annexed to the said letters-patents in a schedule2 by which letters-patents the full and exclusive right and liberty of making and using the said invention1 and of vending the same to others to be used1 was granted to the said ,a4,b41 his heirs1 executors1 and administrators1 or assigns1 for the term of seventeen years1 from the same date4 ,now1 know all men by these presents1 that ,i1 the said ,a4,b41 for and in consideration of the sum of #ajj1 to me in hand paid1 the receipt whereof is hereby acknowledged1 have granted1 assigned and set over1 and by these presents do grant1 assign1 and set over unto ,c4,d41 of the said town of ,bristol1 his executors1 administrators1 and assigns1 forever1 the said letters-patent1 and all my right1 title and interest in and to the said invention1 so granted unto me3 to have and to hold the said letters-patent and invention1 with all benefit1 profit and advantage thereof1 unto the said ,c4,d41 his executors1 administrators1 and assigns1 in as full1 ample1 and beneficial manner1 to all intents and purposes1 as ,i1 the said ,a4,b41 by virtue of the said letters-patent1 may or might have or hold the same1 for and during all the rest and residue of the term for which said letters-patent are granted4 ,in witness whereof1 ,i have hereto affixed my hand and seal1 this #ajth day of ,june1 #ai4 ,a4,b4 7,l4,s47 ,in the presence of ,e4,f4 ,g4,h4 7,acknowledgment47 #cg ,bond for ,payment of ,money 7,as in ,form ,no4 #f1 and then as follows73 ,the condition of this obligation is such1 that if the above-bounden ,a4,b41 his heirs1 executors1 and administrators1 or any of them1 shall well and truly pay1 or cause to be paid1 unto the above-named ,c4,d41 his executors1 administrators1 or assigns1 the just and full sum of #a1jjj1 lawful money1 as aforesaid1 in manner following1 to-wit3 #cjj part thereof1 on the day of next ensuing the date hereof2 #cjj more thereof on the day of 1 the next following2 and #djj1 the residue1 and in full payment thereof1 on the day of 1 which will be in the year of 2 then this obligation to be void2 but if default shall be made in payment of any or either of the said sums on the days and times hereinbefore mentioned and appointed for payment thereof1 respectively1 then this bond shall remain in full force and virtue4 ,a4,b4 7,l4,s47 #ch ,articles of ,co-,partnership ,this agreement entered into this day of 1 #ai1 by and between ,a4,b4 and ,c4,d41 witnesseth1 that said parties have formed a co-partnership for the purpose of carrying on the business of at 1 upon the following terms and conditions3 ,first3 ,the name and style of said co-partnership shall be ,a4,b4 ,c4,d41 and shall continue years from this date1 unless sooner terminated by the death of either of said partners4 ,second3 ,the said ,a4,b4 shall contribute to the capital stock of said firm the sum of 1 and the said ,c4,d4 the sum of 1 and said partners shall be the owners of the stock in that proportion1 and any further increase of the capital stock shall be contributed by said partners in the same ratio4 ,third3 ,all the profits which shall accrue to said partnership shall be equally divided between said partners2 and all losses from whatever cause shall be borne by them in proportion to their interests in the stock of said firm4 ,fourth3 ,neither of said partners shall sign or in any manner become liable upon any promissory note or other obligation1 for the accommodation of any person whatsoever1 nor lend any of the co-partnership funds without the consent in writing of the other partner4 ,fifth3 ,neither party shall withdraw from the funds of the firm to exceed the sum of 1 per annum1 in in installments of not to exceed the sum of 1 but neither shall at any time be entitled to draw in excess of his share of the profits then earned4 ,sixth3 ,all transactions and accounts of the firm shall be kept in regular books1 which shall be open at all times to the inspection of either party or their representatives4 ,seventh3 ,an invoice of stock shall be taken on the first day of ,january of each year1 and the account between the parties settled at that time4 ,and an invoice be taken and an account had at any other time when either partner shall demand the same in writing4 ,eighth3 ,no transaction outside of the business shall be entered into by either of said partners without the consent in writing of his co-partner4 ,and any violation of the terms of this agreement shall be sufficient cause for a dissolution of this co-partnership4 ,in testimony whereof we have hereunto set our hands this day of 1 #ai4 ,a4,b4 ,c4,d4 ,in the presence of ,g4,h4 #ci ,articles of ,co-,partnership--,another ,form ,articles of co-partnership1 made this day of 1 #ai1 by and between ,a4,b4 and ,c4,d4 both of the city of 1 witnesseth that3 ,the said parties hereby agree to form1 and do form a co-partnership1 for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement1 to the faithful performance of which they mutually engage and bind themselves1 each to the other4 ,the style and name of the co-partnership shall be ,b4 and ,d41 and shall commence on the day of 1 #ai1 and continue for the period of five years4 ,each of the said parties agrees to contribute to the funds of the partnership the sum of #c1jjj in cash1 which shall be paid in1 on or before the day of 1 #ai1 and each of said parties shall devote and give all his time and attention to the business1 and to the care and superintendence of the same4 ,all profits which may accrue to the said partnership shall be divided equally1 and all losses happening to the said firm1 whether from bad debts1 depreciation of goods1 or any other cause or accident1 and all expenses of the business shall be borne by the said parties equally4 ,all the purchases1 sales transactions1 and accounts of the said firm shall be kept in regular books1 which shall be always open to the inspection of both parties and their regular representatives respectively4 ,an account of stock shall be taken1 and an account between the parties shall be settled as often as once a year1 and as much oftener as either partner may desire1 and in writing request4 ,neither of the said parties shall subscribe any bond1 sign or indorse any note of hand1 accept1 sign1 or indorse any draft or bill of exchange1 or assume any other liability1 verbal or written1 either in his own name or in the name of the firm1 for the accommodation of any other person or persons whatsoever1 without the consent in writing of the other party2 nor shall either party lend any of the funds of the co-partnership without such consent of the other partner4 ,no large purchase shall be made1 nor any transaction out of the usual course of the business shall be undertaken by either of the partners1 without previous consultation with1 and the approbation of1 the other partner4 ,neither shall withdraw from the joint stock1 at any time1 more than his share of the profits of the business then earned nor shall either party be entitled to interest on his share of the capital2 but if1 at the expiration of the year1 a balance of profits be found due to either partner1 he shall be at liberty to withdraw the said balance1 or to leave it in the business1 provided the other partner consent thereto1 and in that case be allowed interest on the said balance4 ,at the expiration of the aforesaid term1 or earlier dissolution of this co-partnership1 if the said parties1 or their legal representatives1 cannot agree in the division of the stock then on hand1 the whole co-partnership effects1 except the debts due to the firm1 shall be sold at public auction1 at which both parties shall be at liberty to bid and purchase like other individuals1 and the proceeds shall be divided1 after payment of the debts of the firm1 in the proportions aforesaid4 ,for the purpose of securing the performance of the foregoing agreements1 it is agreed1 that either party1 in case of any violation of them1 or either of them1 by the other1 shall have the right to dissolve this co-partnership forthwith1 on his becoming informed of such violation4 ,in witness whereof1 we1 the said ,a4,b4 and ,c4,d41 have hereto set our hands1 the day and year first above written4 ,executed and delivered in the presence of 7,acknowledgment47 ,a4,b4 ,c4,d4 #dj ,letter of ,credit ,a4,b4 ,co 3 ,gentlemen4--,we will be responsible to you for goods sold to ,c4,d41 of 1 to an amount not exceeding dollars 7or1 for cash advanced to ,c4,d41 of not exceeding dollars71 7or1 for credit secured by you to ,c4,d41 of 1 in the purchase of 7describe the kind of goods71 not exceeding the sum of dollars7 at any time before 1 #ai1 unless this letter is revoked prior to said date2 and providing you send notice to us by mail within ten days of the granting of such credit or making such payment1 and also in case said ,c4,d4 should default in making payment of any part of any debt created by reason of this agreement when such payment shall become regularly due1 then notice of such default shall be sent by mail to us within five days of such default4 ,dated1 #ai4 7,signature7 #da ,agreement for ,sale of ,physician's ,practice ,agreement made this day of 1 #ai1 between 1 hereinafter called the vendor1 and 1 hereinafter called the purchaser4 #a4 ,whereas the said vendor has for many years past exercised his profession of physician and surgeon at 1 in the county of 1 and is now desirous of retiring from his practice at aforesaid1 and the said purchaser is desirous of establishing himself as a physician and surgeon at said 1 now therefore1 the said vendor agrees to sell to the said purchaser1 who agrees to purchase1 the said practice and the good will and benefits thereof from the day of next1 together with all the fixtures1 furniture1 medical books1 surgical and other instruments and apparatus1 and all the drugs1 medicines1 bottles1 and other things now used therein1 for the sum of dollars2 in confirmation of which purchase the purchaser1 upon the execution of these presents1 has paid the sum of dollars by way of deposit and in part of the purchase money4 #b4 ,the said vendor further agrees that1 on the payment of the residue of the said purchase money as hereinafter mentioned1 he will fully and absolutely deliver over and assign to the said purchaser1 his executors1 administrators1 or assigns1 the said practice or business1 and the good will thereof1 for his and their own absolute use and benefit2 and likewise the full and uninterrupted possession of the office in which the said practice is now carried on by him1 together with the fixtures1 furniture1 books1 instruments1 apparatus1 and things now used in and relating to the said practice4 #c4 ,the said vendor will introduce and recommend the said purchaser to his patients1 friends1 and others1 as his successor2 and will use his best endeavors to promote and increase the prosperity of the said practice or business4 #d4 ,the said vendor will not reside or practise either as physician or surgeon1 or act directly or indirectly as partner or assistant to or with any other physician or surgeon practising either at aforesaid1 or elsewhere1 within miles thereof4 #e4 ,the said purchaser1 in consideration of the agreements on the part of the vendor hereinbefore contained1 hereby further agrees to pay him1 his executors1 or administrators1 dollars1 by installments as follows3 one-half part thereof on the day of next1 upon receiving the full and peaceable possession of the said practice1 office1 good will1 fixtures1 furniture1 books1 and things hereinbefore mentioned1 and the remaining half part thereon on the day of next4 ,in witness1 etc4 #db ,agreement ,between ,merchant and ,traveling ,salesman ,agreement made this of 1 between of 1 and of 1 merchants and co-partners1 doing business under the firm name and style of ,co41 of the one part1 and of 1 traveling salesman of the other part4 #a4 ,the said salesman shall enter into the service of said firm as a traveler for them in their business of merchants1 for the period of years from the day of #ai1 subject to the general control of said firm4 #b4 ,the said salesman shall devote the whole of his time1 attention1 and energies to the performance of his duties as such salesman1 and shall not1 either directly or indirectly1 alone or in partnership1 be connected with or concerned in any other business or pursuit during the said term of years4 #c4 ,the said salesman shall1 subject to the control of the said firm1 keep proper books of account1 and make due and correct entries of the price of all goods sold1 and of all transactions and dealings of and in relation to the said business1 and shall serve the said firm diligently and according to his best abilities in all respects4 #d4 ,the fixed salary of the said salesman shall be the sum of dollars per week for the first year1 payable by the said firm weekly from the commencement of the said service1 on the day of 1 and dollars per week for the third year1 payable weekly in like manner1 from the commencement of such respective years4 #e4 ,the reasonable traveling expenses and hotel bills of the said salesman1 incurred in connection with the business of said firm1 shall be paid by the said firm1 and the said firm shall from week to week pay to the said salesman the said traveling expenses and hotel bills in addition to the said fixed salary4 ,in witness1 etc4 #dc ,agreement for the ,adoption of ,children ,this indenture made the day of 1 #ai1 between of 1 party of the first part1 and 1 of 1 and his wife1 parties of the second part4 ,whereas the said party of the first part has two daughters1 and 1 now aged and years1 respectively2 and whereas the said parties of the second part are willing to adopt the said children subject to the conditions hereinafter contained1 and on the part of the party of the first part to be observed3 ,now this indenture witnesseth that the said parties covenant and agree as follows1 that is to say3 #a4 ,the said parties of the second part shall adopt the said children1 and shall1 until the said children shall respectively attain the age of twenty-one years1 or marry under that age1 maintain1 board1 lodge1 clothe1 and educate them in a manner suitable to their station1 and as if they were the lawful children of the parties of the second part and shall at the cost of the parties of the second part1 and of the survivor of them1 provide the said children with all necessaries1 and discharge all the debts and liabilities which the said children or either of them may incur for necessaries1 and indemnify the said party of the first part against all actions1 claims1 and demands in respect thereof4 #b4 ,the said party of the first part hereby nominates and appoints the said parties of the second part1 during their lives1 and after their respective deaths the person or persons to be nominated in that behalf1 as is hereinafter mentioned1 to be the guardians of the persons and estates of the said children until they shall attain the age of twenty-one years1 or until they shall marry under that age respectively4 #c4 ,the said party of the first part shall not revoke the appointment hereby expressed to be made1 and will not1 by deed1 will1 or otherwise1 appoint or apply for the appointment of any other person or persons to be guardian or guardians of the said children or either of them1 or of their respective estates4 #d4 ,in case of the death of either of the parties of the second part before the said children shall attain the age of twenty-one years1 or marry under that age respectively1 it shall be lawful for the survivor of them1 the said parties of the second part1 by deed or will1 to nominate and appoint any person or persons1 from and after the decease of such survivor1 to be guardian or guardians of the said children or either of them4 #e4 ,the said party of the first part shall not himself1 nor shall any person or persons claiming under him1 or acting under his authority1 at any time or in any manner interfere with the training or management of the said children or either of them1 or with their or her moral1 intellectual1 or religious education or instruction4 #f4 ,if the said party of the first part shall not perform and observe all and every of the stipulations herein contained and on his part to be performed and observed1 then and in every such case it shall be lawful for the said parties of the second part1 and the survivor of them1 by notice in writing under their1 his or her hands or hand1 and addressed either to the party of the first part or to the person setting up such claim or demand1 or so interfering as aforesaid1 to put an end to the agreement hereby expressed to be made1 and thereupon the same shall absolutely cease and determine2 provided that in such event the said party of the first part1 or his estate1 shall be liable to pay and satisfy all debts and liabilities incurred by or in any wise for the benefit of the said children1 or either of them1 which at the time of such determination of this agreement shall not have been paid and satisfied4 ,in witness1 etc4 #dd ,release by ,ward of ,his ,guardian ,know all men by these presents1 that ,i1 ,a4,b41 of 1 son and heir of 1 deceased1 in consideration of 1 by these presents remise1 release1 and forever discharge ,c4,d41 of 1 my guardian1 of and from all manner of actions1 suits1 accounts1 debts1 dues1 and demands whatsoever1 which ,i ever had1 now have1 or which ,i or my executors or administrators1 at any time hereafter1 can or may have1 claim or demand against the said ,c4,d41 his executors or administrators1 for1 touching1 or concerning the management and disposition of any of the lands1 tenements1 or hereditaments of the said ,a4,b41 situate1 etc41 or any part thereof1 or for or by reason of any money1 rents1 or other profits by him received out of the same1 or any payments made thereof1 during the minority of the said ,a4,b41 or by reason of any matter1 cause or thing whatsoever1 from the beginning of the world to the day of the date hereof4 ,in witness whereof1 ,i have hereunto set my hand and seal1 this day of 1 one thousand nine hundred and 4 7,signature and seal7 ,in presence of 7,signature of witness7 #de ,will ,in the name of ,god1 amen3 ,i1 ,a4,b41 of the city of 1 in the county of 1 and state of 1 considering the uncertainty of this mortal life1 and being of sound mind and memory1 blessed be ,god for the same1 do make and publish this my last will and testament1 in manner and form following1 that is to say3 ,first3 ,i direct that my funeral charges1 the expenses of administering my estate1 and all my debts be paid out of my personal property4 ,if that be insufficient ,i authorize my executors1 hereafter named1 to sell so much of my real estate as may be necessary for that purpose4 ,second3 ,i give and bequeath to my beloved wife1 ,c4,b41 the sum of 1 in lieu of dower1 and of any distributive share in my estate to which she would otherwise be entitled4 ,i also give and bequeath to my beloved wife the dwelling-house and lot on which ,i now reside4 ,third3 ,i hereby give the custody of my infant children during their minority1 and while they remain unmarried1 to my beloved wife1 so long as she remains my widow2 but if she shall die or marry again during the infancy of said children1 then in that case1 ,i commit their custody and tuition to my friend ,e4,f41 of said city and state4 ,fourth3 ,i give and bequeath all of the residue of my estate1 real and personal1 to my children1 share and share alike1 as tenants in common1 to be paid to them as they respectively come of age4 ,in case any one of my children shall die in my lifetime1 leaving issue of descendants1 ,i direct that his share shall not lapse1 but shall be paid to such descendants1 in equal proportions4 ,fifth3 ,i appoint my friend ,g4,h4 executor of this1 my last will and testament1 hereby revoking all former wills by me made4 ,in witness whereof ,i have hereunto subscribed my name this #ast day of 1 in the year of our ,lord 4 ,a4,b4 ,we1 whose names are hereunto subscribed1 do hereby certify that ,a4,b41 the testator1 subscribed his name to this instrument in our presence and in the presence of each of us1 and declared at the same time in our presence and hearing that this instrument was his last will and testament1 and we at his request1 sign our names hereto in his presence as attesting witnesses4 ,l4,m41 of the city of ,n4,o41 of the city of #df ,will--,another ,form ,i1 ,a4,b41 of the town of 1 in the county of 1 and state of1 declare this to be my last will and testament3 ,i give and bequeath to my wife1 ,c4,b41 dollars1 to be received by her in lieu of dower4 ,to my son1 ,e4,b41 dollars 7which said several legacies ,i direct to be paid within after my decease74 ,i give and devise to my son1 ,e4,b4 aforesaid1 his heirs and assigns1 all 7here designate the property71 together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining4 ,to have and to hold the premises above described to the said ,e4,b41 his heirs and assigns forever4 ,i give and devise all the rest1 residue1 and remainder of my real property1 of every name and nature whatsoever1 to my said daughter1 ,m4,b4 7and my daughter1 ,o4,b41 to be divided equally between them1 share and share alike74 ,i give and bequeath all the rest1 residue and remainder of my personal property1 of what nature or kind soever1 to my said wife1 ,c4,b4 ,i hereby appoint ,e4,b4 the sole executor of this will1 revoking all former wills by me made4 ,in witness 7etc41 as in ,form #de74 #dg ,will ,bequeathing ,legacies and ,appointing ,residuary ,legatee ,i1 ,a4,b41 of 1 declare this to be my last will and testament4 ,i bequeath to my wife1 ,c4,b41 all the fixtures1 prints1 books1 plate1 linen1 china1 wines1 liquors1 provisions1 household goods1 furniture1 chattels1 and effects 7other than money or securities for money71 which shall at my death be in or about my dwelling-house and premises at 4 ,i bequeath to my said wife the sum of dollars1 to be paid to her within one month after my death1 without interest4 ,i also give and bequeath to my said wife the sum of dollars4 ,i also bequeath the following legacies to the several persons hereafter named3 ,to my nephew1 ,e4,f41 the sum of dollars2 to my cousin1 ,g4,h41 the sum of dollars2 and to my friend1 ,j4,k41 the sum of dollars 7and so on with other pecuniary legacies74 ,i also bequeath to each of my domestic servants who shall be living with me at the time of my death in the capacity of 7state the description of servants to whom the legacies are to be given71 one year's wages1 in addition to what may be due to them at that time4 ,all the rest1 residue and remainder of my real and personal estate1 ,i devise and bequeath to ,r4,s41 his heirs1 executors1 administrators1 and assigns1 absolutely forever4 ,i appoint ,t4,u4 and ,v4,w4 executors of this my will4 ,in witness1 etc4 #dh ,articles of ,incorporation ,know all men by these presents4 ,that we1 1 1 1 1 1 1 do associate ourselves together for the purpose of forming and becoming a corporation in the state of 1 for the transaction of the business hereinafter described4 #a4 ,the name of the corporation shall be 7give name74 ,the principal place of transacting its business shall be in the city of 1 county of 1 and state of 4 #b4 ,the nature of the business to be transacted by said corporation shall be the 7give name of business7 and the erection and maintenance of such buildings and structures as may be deemed necessary1 and to purchase real estate as a site therefor1 and especially to 4 #c4 ,the authorized capital stock of said corporation shall be 7state amount7 thousand dollars in shares of each1 to be subscribed and paid as requested by the board of directors4 #d4 ,the existence of this corporation shall commence on the first day of 1 ,a4,d41 #ai1 and continue during the period of years4 #e4 ,the business of said corporation shall be conducted by a board of directors not to exceed five in number1 to be elected by the stockholders2 such election to take place at such time and be conducted in such manner as shall be prescribed by the by-laws of said corporation4 #f4 ,the officers of said corporation shall be a president1 secretary and treasurer1 who shall be chosen by the board of directors1 and shall hold their office for the period of one year1 and until their successors shall be elected and qualified4 #g4 ,the highest amount of indebtedness to which said corporation shall at any time subject itself shall be not more than thousand dollars4 #h4 ,the manner of holding the meetings of stockholders for the election of officers1 and the method of conducting the business of the corporation1 shall be as provided by the by-laws1 adopted by the board of directors4 ,in witness whereof1 the undersigned have hereunto set their hand this day of ,a4,d41 #ai4 1 1 1 1 ,state of ,county4 ,on this day of 1 #ai1 before me1 ,a4,b41 a justice of the peace1 in and for the said county1 personally appeared the above named 1 1 1 1 who are personally known to me to be the identical persons whose names are affixed to the above articles1 as parties thereto1 and they severally acknowledged the instrument to be their voluntary act and deed4 ,witness my hand the date aforesaid4 ,a4,b4 ,justice of the ,peace4 ,index ,acceptance and delivery1 what constitutes1 #bdb ,action1 defined1 #d ,actions1 different kinds of1 #afe #aff ,administrator1 may dispose of lease1 #aee1 #aef2 can assign remainder of lease1 #aeg ,adoption of children1 form for or agreement for1 #cab4 ,see ,child1 ,adopted ,adulteration of a commodity1 #bfj ,advantage1 incidental1 #bah ,agency1 #f2 how created1 #g2 post-office agency of offerer of contract1 #fi1 #gj ,agent1 when authority must be in writing1 #g2 cannot purchase principal's property1 #h2 power affected by usage or custom1 #h2 invalid act of1 cannot be ratified1 #i2 ratifying a forgery1 #i2 cannot appoint a substitute1 #aj2 liability of1 #aj2 secret instructions to1 #aa2 cannot act for both parties1 #ab2 cannot receive profit from transaction1 #ab2 must be faithful1 #ab2 termination of relation of1 #ac1 #ad1 #ae2 duties of affected by insanity of principal1 #ac2 marriage of principal1 #ac2 must keep principal informed1 #ad2 liability of principal for acts and statements1 #i1 #aj1 #aa1 #ab1 #ac1 #ad2 auctioneer owners1 #af2 auctioneer purchaser's1 #af1 #a2 length of term of1 #ag2 for corporation1 #bf2 bailor as1 #bh2 broker as1 #de2 may make chattel mortgage1 #ec2 how should sign checks1 #eh2 authority of to receive stock subscriptions1 #gg2 deception of releases subscriber1 #gg1 #gh2 corporation can do wrong through1 #ih2 can be appointed to examine books1 #aja2 has insurable interest in goods1 #abf2 state prosecutes through1 #afd ,agent1 general1 #f1 #g1 #h1 #aj2 partner is a1 #aih ,agent1 special1 #f1 #g1 #ah2 insurance broker is a1 #df ,agisters1 #cj ,alien1 may become voluntary or involuntary bankrupt1 #ca2 woman who marries ,american1 #fb2 may be naturalized1 #fb1 #fc2 rights of1 #fc2 owes temporary and limited allegiance1 #fc2 non-resident1 #fc1 #fd ,animals1 vicious1 a nuisance1 #beh ,annoyances1 temporary1 #bef ,apologies for slander and libel1 #bee ,appeals1 court of1 #d ,apprentices1 and ,compensation ,acts1 #bfh ,arbitration1 #de ,assault and battery1 a wrong1 #bej ,assent1 mutual1 basis of sales and contracts to sell1 #bbg ,assets1 disposition of in partnership failure1 #bjb ,assignment4 ,see ,bankruptcy3 ,patent ,associations1 beneficial1 #ch2 social and business1 #ch2 voluntary1 #ci2 incorporated1 #ci2 articles and rules1 #ci2 legal status1 #ci2 members not partners1 #ci2 liability to creditors1 #ci1 #dj2 rights of members1 #dj2 recovery of property by members1 #da2 exemption from taxation1 #da2 admission of members1 #da1 #db2 initiation1 #db2 property rights of religions1 #db2 benefits to sick members1 #db1 #dc2 power to expel1 #dc1 #dd2 expulsion in subordinate lodges1 #dd2 restoration of members1 #dd2 withdrawal of members1 #dd2 liability of members for promised benefit1 #dd1 #de2 cannot confer judicial power on its officers1 #de2 cannot defer future controversies to arbitration1 #de ,assumpsit1 action of1 #afe ,attorney4 ,see ,power of ,attorney ,auctioneer1 #af2 owner's agent1 #af2 purchaser's agent1 #af1 #ag2 must bind purchaser1 #af2 completes sale1 #ag2 authority1 how conferred1 #ag2 a special agent1 #ah2 authority of1 #ah1 #ai2 has properties in goods to be sold1 #de ,automobile1 #ai2 rights of owner1#ai1 #bj2 no superior rights1 #bj2 non-resident driver1 #bj2 license1 #bj2 liability of bailor1 #bj1 #ba2 responsibility of hirer1 #ba2 sale of1 by hirer1 #ba2 obligation on hirer's part1 #ba2 owner's redress of car misused1 #ba2 duty of owner or hirer when carrying passengers1 #bb2 compensation of owner1 #bb2 liability for using without owner's consent1 #bb2 liability of a corporation hirer1 #bb2 liability for joy riding1 #bb2 speed of1 #bb2 exclusion of1 #bb2 the law of the road1 #bb1 #bc2 rights of pedestrian1 #bb1 #bc2 passing each other1 #bc2 backing1 #bc1 #bd2 meeting in street1 #bc2 at intersecting streets1 #bd2 obstructions in road1 #bd2 driver must use care to avoid injury1 #bd1 #be2 competency of driver1 #be2 must be under reasonable control1 #be2 driving in a fog1 #be2 liability of owner1 #be ,see ,chauffeur1 ,garage ,keeper ,bacon1 quoted1 #de ,bailee1 liability of a minor1 #bf2 corporation as1 #bf2 finder of lost property is1 #bf1 #bg2 rights of creditor of1 #bh2 liability of1 #bh1 #bi2 must be informed of all faults1 #bh1 #bi2 liability of bank as1 #bi2 liability of a safe deposit company as1 #bi2 usually a keeper only1 #bi2 exceptions1 #bi1 #cj2 return of property at end of bailment1 #cj2 lien for services1 #cj2 has insurable interest in goods1 #abf2 garage keeper is a1 #acc ,bailment1 #bj1 #bf-cj ,bailor1 not responsible for negligence of hirer1 #bj2 may bring action against innocent purchaser1 #ba2 corporation as1 #bf2 and bailee1 #bf2 rights of1 #bh2 not always owner of thing bailed1 #bh2 must explain all faults1 #bh1 #bi ,bank1 custodian of lost property1 #bg2 liability as bailee1 #bi2 not legally bound to pay check to holder1 #eh2 agreement to pay check is with depositor1 #eh2 responsible for payment of checks1 #ei2 not responsible for checks carelessly written1 #fj2 liability for forged checks1 #fj2 is liable if makes payment on stopped check1 #fa2 life of a national1 #gc2 can retain dividend1 #gh2 liability of national shareholders1 #gh1 #gi2 directors of national1 #hg2 directors of1 #hh1 #ia1 #id2 who loans money of1 #hh2 president1 #ia1 #ib2 national cannot always certify a check1 #ii ,bankrupt1 voluntary and involuntary defined1 #ca2 filing of petition of voluntary1 #cc2 withdrawal of petition1 #cc2 what must accompany petition1 #cc2 filing of petition against1 #cc1 #cd2 must file schedule of property1 #cd2 first meeting of creditors1 #cd2 subsequent meetings1 #cd2 represented by trustee1 #cd1 #cf1 #cg2 proving and allowing claims against1 #ce1 #cf2 insurance policy of1 #cg2 discharge of1 #ch2 punishment of1 #ch ,bankruptcy1 #ca2 ,federal ,act #ahih1 #ca1 #cg1 #ch2 courts of1 #ca2 voluntary and involuntary1 #ca2 acts of1 defined1 #cb1 #cc2 procedure in1 #cc-ch ,beneficial associations4 ,see ,associations1 ,beneficial ,benefit1 conference of a1 #bah ,bid1 authority of auctioneer to accept1 #ah ,bill and note broker1 #de ,bill of exchange1 definition1 #aif2 assignment of drawee's funds1 #aif2 similarity of1 and endorsed note1 #aif ,bill of ,lading1 #dh1 #bdc ,bill of sale1 form for1 #bha ,boarding house1 liability of keeper of1 #adi ,bonds1 government1 equity does not require delivery of actual bonds purchased1 #abj ,bottomry loan1 #bci ,broker1 #de2 has no property in goods to be sold1 #de2 must sell in principal's name1 #de2 commission1 #de1 #dg2 acts as agent1 #de2 kinds of1 #de1 #df1 #dg4 ,see ,agency ,brokerage1 #de ,building1 form for agreement for1 #bgh4 ,see ,real ,estate1 ,land ,burglary1 excused by drunkenness1 #aag ,buy and sell1 regulations concerning capacity to1 #bbh ,by-laws1 neglect of1 in holding meeting1 #ha ,capital1 #gd1 #gh1 #id ,carrier1 #dh2 kinds1 #dh2 authority of private1 #dh2 required to use great care1 #dh2 may modify common law by contract1 #dh2 can limit liability1 #dh1 #di2 must carry all responsible passengers1 #di2 regulations for carrying freight1 #di2 have lien to hold freight1 #ej2 statutes regarding loss of life1 #ej2 liability for injuries1 #ej1 #ea2 sleeping car company not common1 #ea2 liability for loss of baggage1 #ea2 distinction between general and local express companies1 #ea1 #eb2 ,united ,states common1 for mails1 #eb4 ,see ,mails ,carrier common1 duty to an intoxicated person1 #aah ,cattle1 trespassing1 liability of owner of1 #beg ,car1 liability of principal for acts of conductor of1 #aa ,certificate of stock1 form for1 #cja ,charities4 ,see ,associations1 ,beneficial ,charters1 of national banks1 #gc2 perpetual1 #gc ,chattel mortgage with power of sale form for1 #bhh4 ,see ,mortgage1 ,chattel ,chauffeur1 physical fitness of1 #be2 employer's liability for1 #be2 minor as1 #eg2 license1 #eg2 liability of employer for pay of1 #eg2 employer's liability for injury to1 #eg2 injured1 when speeding1 #eg1 #eh2 liable for injury to employer1 #eh2 authority of1 to make repairs in garage1 #acd4 ,see ,automobile2 ,garage ,check1 #eh2 signing of1 #eh2 bank not legally bound to pay1 to holder1 #eh2 payment of1 when funds insufficient1 #eh1 #ei2 banks responsible for payment of1 #ei2 two rules relating to payment of1 #fj2 forged1 #fj2 holder of1 should deposit immediately1 #fj1 #fa2 drawer may stop payment of1 #fa2 certified1 #fa2 when given in payment1 #bab ,child1 adopted1 #e2 rights of natural and adopted parents1 #e2 rights of inheritance1 #e ,children1 must be supported by parent1 #aig2 who have property1 #aig2 protection of1 by parent1 #aig2 of workmen1 and ,compensation ,acts1 #bgc2 form for agreement for adoption of1 #cab4 ,see ,adopted ,child1 ,husband and ,wife ,church1 form for subscription to build a1 #bii ,citizen1 #fb2 definition of1 #fb2 duty of1 #fb2 double allegiance of1 #fb2 state protects ordinary rights of1 #fb2 protection of1 defined by constitution and ,federal law1 #fb2 corporation may be included in term1 #fb2 who is1 of ,united ,states1 #fb2 alien woman as1 #fb2 ,american woman loses rights by foreign marriage1 #fb2 alien may be naturalized1 #fb1 #fc ,coin1 legal limit of1 in payment1 #baa ,cold storage1 #bi ,compensation ,acts1 ,workmen's1 #bff2 basis for computation of compensation under1 #bgd ,complaint1 action of1 #aff ,contract1 #fd2 kinds of1 #fd2 parties to1 #fe1 #ff2 consideration of1 #ff1 #fg1 #fh2 mutuality of1 #fh2 acceptance of1 at time of offer1 #fh2 offer made on time1 #fh2 offer can be withdrawn1 #fh1 #fi2 acceptance after reasonable time1 #fi2 by correspondence1 #fi1 #gj2 acceptance of1 by telegraph1 #fi2 withdrawal of1 by telegraph1 #fi2 offers and rewards1 #gj1 #ga2 dates of1 #ga2 interpreted by law of place when made1 #ga2 execution of1 #ga2 damages for failure to execute1 #ga1 #gb2 effect of drunkenness on1 #aaf1 #aag2 equity enforces1 #aah1 #aai1 #abj2 insurance policy is1 #abe1 #abf2 of insurance can be reformed by court of equity1 #abh2 responsibility of innkeeper may be changed by1 #adi2 life insurance1 #afg2 of a minor1 #agf2 to sell in the future1 #bbg2 when necessary to be within1 #bdb2 for manufacture not included in ,statute of ,frauds1 #bdc2 form for bond to perform a1 #bhj4 ,see ,deceit1 ,drunkenness1 ,quasi-,contracts ,contract of service1 #bfg ,contract1 ,quasi4 ,see ,quasi ,contract ,contractors1 independent1 and ,compensation ,acts1 #bga ,conveyance of real estate1 in ,statute of ,frauds1 #bdb ,co-partnership1 form for articles of1 #cje1 #cjg ,corporate owners of vessels1 #bcf ,corporation1 cannot become a voluntary bankrupt1 #ca2 an involuntary bankrupt1 #ca2 definition of manufacturing1 #ca2 trading1 #cb2 through its officers can admit inability to pay debts1 #cb2 when paying benefits not exempt from taxes1 #da2 liability for injuries1 #da2 as mortgagee1 #ec2 may be included in term citizen1 #fb2 kinds of1 #gb1 #gc2 formation of1 #gc1 #gd2 perpetual charters1 #gc1 #gd2 has no heirs1 #gd2 continues through succession1 #gd2 purchase of stock by one member1 #gd2 capital of1 #gd2 reasons for forming1 #ge2 who can subscribe to stock of1 #ge2 fictitious subscriptions to stock of1 #ge2 stock certificates #gf1 #hf2 capital stock increased #gf2 rights of stockholders1 #gf2 preferred stock1 #gf2 subscriptions to shares is a contract1 #gg2 cannot purchase own shares1 #gh2 has no lien on its stock1 #gh2 liability of shareholders1 #gh1 #gi2 appointment of receivers1 #gi2 assessments on stock1 #gi2 meetings1 #hj2 power of1 #hj2 charter of1 #hj2 majority shall rule may be modified1 #hj2 who may call meetings1 #hj1 #ha2 annual meetings1 #ha2 regular meetings1 #ha2 special meetings1 #hb2 notices waived1 #hb1 #hc2 who can vote1 #hc1 #hd1 #he2 right of transferee1 #he2 directors of1 #hf-ic1 #id1 #if1 #ajj1 #aja2 affairs handled by few men1 #hh2 failure of1 #ib2 dividends1 #ib1 #id-ih2 wrongs of1 #ih2 liability for acts of agents1 #ih1 #ii2 owner of stock has insurable interest in goods1 #abf2 when private may make lease1 #aee2 municipal1 and leases1 #aee2 may take lease1 #aee2 can sue for slander or libel1 #bec2 may be a devisee1 or legatee1 #bfd ,court1 federal and state1 #a1 #d2 district1 #d2 of appeal1 #d2 of equity1 #af1 #aah-abb1 #abh2 ,united ,states district1 #ca2 civil1 #afd ,covenants1 #ajd1 #aje1 #abb1 #afe4 ,see ,deeds ,credit1 letter of1 form for1 #cji ,creditor1 of bailee1 #bh2 assignment for benefit of1 #cb2 filing of petition against bankrupt1 #cc1 #cd2 claims of1 #cd1 #ce1 #cf2 election of trustee by1 #cd1 #cf2 right to vote at meetings1 #ce2 may object to discharge of bankrupt1 #ch2 liability of beneficial associations to1 #ci1 #dj2 several may join in giving mortgage1 #ec2 attachment has insurable interest in goods1 #abf ,crime1 drunkenness as excuse for1 #aag2 how prosecuted1 #b1 #c4 ,see ,husband and ,wife1 ,tort ,curtesy1 #aja1 #ajb ,custom1 when no defense to chauffeur1 #eh2 liability of innkeeper changed by1 #adi4 ,see ,usage ,damages1 nominal and compensatory1 #bec ,death1 of principal or agent1 #ae2 of stockholder before transfer1 #hb2 of partner1 #he2 of husband1 #aad2 of homesteader1 #acf2 separation agreement cannot be set aside by1 #add2 of ward terminates lease1 #aee2 lease made by wife terminated by husband's1 #aee2 of mortgagor1 #ahb1 #ahc2 of partner1 #bja2 of inventor1 #bjf2 of a contractor1 #bbc2 of master of vessel1 #bci2 of workman1 #bgd ,debts and ,statutes of ,limitation1 #bdd2 revival of1 #bdd1 #bde ,deceit1 #ajb2 when seller not liable1 #ajb2 purchaser of land not liable1 #ajc2 a wink not deception1 #ajd ,decisions1 highest court1 #a ,deed1 #g1 #ajd2 several1 used in land deal1 #ajd2 warranty1 #ajd2 what warrantor agrees to do1 #ajd1 #aje2 encumbrances1 #aje2 indenture1 #aje2 release or quit-claim1 #ajf2 poll1 #ajf2 use of seal1 #ajf2 witnesses1 #ajg2 lease1 #ajg2 completed before delivery1 #ajg2 executor of1 #ajg2 when must be read1 #ajg2 delivery essential1 #ajg1 #ajh2 should be recorded1 #ajh1 #aji2 acknowledgment1 #aji1 #aaj2 execution of1 by married woman1 #aji1 #aaj2 ,commissioner of1 #aaj2 correction of mistake1 #aaj2 land must be bounded1 #aaj1 #aaa2 equity compels delivery of1 #aai2 of warranty1 form for1 #bhb1 #bhc2 of indenture1 form for1 #bhd2 of quit-claim1 form for1 #bhe1 #bhf2 of mortgage1 form for1 #bhg2 of mortgage with power of sale1 form for1 #bhg2 of mortgage on goods and chattels1 form for1 #bhi ,defenses1 in actions for slander and libel1 #bed ,delay in telegraph messages1 #bdf ,dependents of workmen1 and ,compensation ,acts1 #bgb ,deposits1 how made by agent1 #ab4 ,see ,bank2 ,check ,desertion1 its effect on homestead1 #acf ,devise of lands1 #bfe ,devisee1 of mortgaged land1 #ahb2 who may be a1 #bfc1 #bfd ,director1 of corporation1 #hf-ic1 #id1 #if1 #ajj ,discomfort acts of1 wrongs1 #bef ,dividends1 #id-ih1 #abe4 ,see ,corporation ,divisional tree1 law relating to1 #aac ,divorce1 effect of on dower right1 #aaf2 effect of on homestead1 #acf2 for what causes granted1 #add1 #ade2 absolute1 #adf2 legal effect of1 #adf1 #adg4 ,see ,husband and ,wife ,domicile1 of bankrupt1 #ca2 husband's becomes wife's1 #aci ,dower1 #aac2 defined1 #aac2 paramount to claims of husband's creditors1 #aac2 mortgage has preference1 #aac2 legal marriage necessary1 #aad2 assignment of1 #aad2 may be barred1 #aae2 non-existence of1 #aae2 in exchanged lands1 #aae2 rights of partner's widow1 #aae2 can be released1 #aaf2 effect of divorce1 #aaf ,drunkenness1 #aaf2 effect of1 on contracts1 #aaf1 #aag2 as excuse for crime1 #aag2 liability of sober party1 #aag1 #aah2 responsibility of common carrier1 #aah2 slander1 #aah ,earnings1 the basis for computation of compensation1 #bgd ,ejectment1 action of1 #aff ,elevator1 sale of grain in1 #bbi ,employees1 casual1 and ,compensation ,acts1 #bgj2 ,federal and ,compensation ,acts1 #bga ,employer and employee1 relations as to patents1 #bjg1 #bjh2 ,compensation ,acts1 #bff1 #bfg ,enrollment1 of vessels1 #bce ,equitable remedies1 #aah-abb ,equity1 court of1 #c1 #af1 #aah-abb1 #abh2 law and1 #c ,eviction1 #afj1 #afa ,exchange1 bill of4 ,see ,bill of ,exchange1 ,note1 ,negotiable ,paper ,executor1 authority to vote at corporate meetings1 #hd2 a foreign1 #he1 #bjh2 may dispose of lease1 #aee1 #aef2 can assign remainder of lease1 #aeg2 when1 gets mortgagor's interest1 #ahb2 when heirs may require1 to pay1 #ahc ,explosives1 liability of keeper of1 #beh ,express company1 distinction between general and local1 #ea1 #eb ,factor1 #abc2 employed to sell goods1 #abc2 has a lien on goods1 #abc2 authority of1 #abc2 limitations on1 fixed by principal1 #abc2 use of credit1 #abc2 cannot exchange goods1 #abc2 may insure goods1 #abc2 cannot compound claim1 #abd2 has insurable interest in goods1 #abf4 ,see ,agency ,farm1 tenant of1 #aeg ,farm lease1 form for1 #bie ,federal courts1 #a ,federal employees1 and ,compensation ,acts1 #bga ,finder1 obligation of1 as to lost property1 #bf1 #bg2 of property lost in hotel or railroad car1 #bg2 when has lien for services1 #cj2 ,see ,bailor ,fire insurance4 ,see ,insurance1 ,fire ,fires1 starters of1 liability of1 #beh ,fixtures1 #acb2 defined1 #acb1 #acc2 law favors tenant1 seller1 mortgagor1 #acb1 #acc2 what tenant can remove1 #afb1 #afc ,food1 warranty in sale of1 #bfa ,forgery1 ratification of1 #i2 of signature to negotiable paper1 #ahh2 in a telegram1 #bdg4 ,see ,check2 ,negotiable ,paper ,forms1 legal3 ,agreement for sale of land1 #bgg ,agreement concerning party wall1 #bgg ,agreement for building1 #bgh ,agreement for work and labor1 #bhj ,agreement for lease1 #bic ,agreement to sell shares of stock1 #cjb ,agreement for sale of physician's practice1 #cji ,agreement between merchant and traveling salesman1 #caa ,agreement for adoption of children1 #cab ,articles of co-partnership1 #cje1 #cjg ,articles of incorporation1 #cah ,assignment of mortgage1 #bib ,assignment of lease1 #bih ,assignment of policy of insurance1 #cjb ,assignment of patent right1 #cjd ,bill of sale1 #bha ,bond to perform a contract1 #bhj ,bond for payment of money1 #cje ,certificate of stock1 #cja ,chattel mortgage1 with power of sale1 #bhh ,claim of lien by workman1 #bgi ,deed of indenture1 #bhd ,deed of quit-claim1 #bhe1 #bhf ,deed of mortgage1 #bhg ,deed of mortgage with power of sale1 #bhg ,deed of mortgage on goods and chattels1 #bhi ,deed of warranty1 #bhb1 #bhc ,lease1 #bic1 #bid ,lease1 farm1 #bie ,lease of furnished rooms1 #big ,letter of credit1 #cji ,notice of sale under mortgage1 #bia ,notice to quit1 #bii ,power of attorney1 #bii ,power of attorney1 to transfer stock1 #cjj ,release by ward of his guardian1 #cad ,subscription to build a church1 #bii ,transfer of shares of stock1 #cjc ,will1 #cae1 #caf1 #cag ,frauds1 ,statute of4 ,see ,statute of ,frauds ,furnished rooms1 form for lease of1 #big ,garage1 keeper of a bailee for hire1 #acc2 owner's liability for car when in a1 #acc2 public1 not a nuisance1 #acc2 lien of keeper of1 for storage and repairs1 #acd2 care keeper of must use1 #acd2 liability of keeper of for negligence1 #acd2 keeper of not an insurer1 #acd2 keeper of must protect from theft1 #acd2 liability of keeper of for leaving car in alley1 #acd2 and for using car without permission1 #ace2 delivery of car by keeper of1 #ace2 liability of keeper of for delay in repairing1 #ace2 and for acts of servant1 #ace4 ,see ,automobile1 ,chauffeur1 ,bailment ,gift1 cannot be recovered1 #bah ,grain1 sale of1 in elevator1 #bbi ,guardian1 who can act as1 #adc2 may make lease1 #aee2 of a minor1 #agg2 may apply for a patent1 #bjh2 form for release of1 by his ward1 #cad ,habeas corpus1 action of1 #aff ,health of employees in relation to ,compensation ,acts1 #bfh ,highway1 #aab1 #ace1 #bah4 ,see ,automobile ,homestead1 agent's authority to sell1 affected by owner's marriage1 #ad2 definition of1 #ace2 cannot be seized by creditors1 #ace2 head of family owning definition of1 #ace1 #acf2 effect of desertion and divorce on a1 #acf2 what land is included in1 #acf2 steps necessary to procure a1 #acf1 #acg2 residence required on a1 #acg2 liability of owner of1 for debts1 #acg2 can be mortgaged1 #acg2 can be sold and other land bought1 #acg2 exemption from taxes1 #acg ,huddy1 quoted1 #bb1 #bc ,husband and wife1 #acg2 marriage a contract1 #acg2 essentials of marriage1 #acg2 false representations1 #acg2 effect of deceit in obtaining consent1 #ach2 of compulsion1 #ach2 of insanity1 #ach2 legal age for marriage1 #ach2 void marriages1 #ach2 marriage license1 #ach2 marriage performed outside jurisdiction1 #ach2 common law marriage1 #ach1 #aci2 husband's domicile becomes that of wife1 #aci2 when wife can retain her domicile1 #aci2 husband's liability for wife's crimes1 #aci1 #adj2 wife still liable1 #aci2 cannot steal from each other1 #adj2 right to sue each other1 #adj2 wife's liability for husband's wrongs1 #adj2 alienation of affection1 #adj2 wife's right to retain and manage her estate1 #ada2 can appoint husband to act for her1 #ada2 may act for husband1 #ada2 and as executor1 administrator or guardian1 #ada2 wife's right to sue and be sued1 #adb2 husband's liability for wife's debts1 #adb2 duty of husband to provide home1 #adb2 his right to defend wife1 #adb2 his duty to provide home1 #adb2 wife must live with husband1 #adb2 duties of husband and wife toward each other1 #adb1 #adc2 guardian of children1 #adc2 husband and wife may live separately1 #adc2 may divide property1 #adc1 #add2 when separation agreement cannot be sustained1 #add2 death and share of estate1 #add2 right of wife to use husband's credit1 #add4 ,see ,divorce ,ice1 liability for1 on pavement1 #afb ,imprisonment1 false1 a wrong1 #bdi ,imprisoned person1 and ,statute of ,limitation1 #bdd ,incapacity of workman1 partial or total1 compensation for1 #bge ,incorporation1 form for articles of1 #cah ,indecent language in a telegram1 #bdg ,indenture1 #aje2 form for deed of1 #bhd ,indorsement1 see ,negotiable ,paper ,infancy1 period of1 defined by-law1 #fe ,inheritance1 adopted child1 #e ,injunction1 temporary and permanent #bb2 against directors1 #aja2 against infringer of patent1 #abb2 to forbid tenants making alterations1 #aei ,innkeeper1 #adg2 persons must receive1 #adg2 persons must exclude1 #adg2 keeping of horses1 #adg2 liability for baggage1 #adg1 #adh1 #adi2 exempt from loss by fire1 #adh2 may make certain regulations1 #adh1 #adi2 keeper of boarding house not1 #adi ,insane person and ,statute of ,limitation1 #bdd ,insanity1 of principal1 #ac2 of agent1 #ac2 how affects bid at auction1 #ah2 of master of vessel1 #bdj2 and wills1 #bfd ,inspector1 #hc1 #aja ,insurance ,broker1 #de1 #df ,insurance1 fire1 when liable for acts of agent1 #f2 kinds of companies1 #abd1 #abe2 mutual company preferred1 #abd2 mutual plan protects against loss only1 #abe2 stock company pays dividends1 #abe2 insured must have interest in property1 #abe2 who has insurable interest1 #abf2 policy1 as collateral security1 #abf2 policy void1 #abf2 policy a contract1 #abf2 standard policy1 #abf2 when is policy binding1 #abf1 #abg2 premium1 #abg2 policy may be assigned1 #abg2 when policy can be cancelled1 #abg1 #acj2 contract reformed1 #abh2 written and printed parts of policy1 #abh2 written application part of contract1 #abh2 interpretation of meaning1 #abh2 language of policy1 #abh1 #abi2 clerical errors1 #abi2 what policy covers1 #abi1 #acj2 when risk begins1 #abi2 misrepresentation1 #abi1 #acj2 concealment of facts1 #acj2 questions and answers a warranty1 #acj2 policy void1 #acj2 loss1 total or partial1 #acj2 damage by water1 #acj2 from explosion1 #aca2 from theft1 #aca2 from lightning1 #aca2 from negligence1 #aca2 total loss1 #aca2 partial loss1 #acb2 open and valued policies1 #acb2 see ,agency ,insurance1 life1 #afg2 definition1 #afg2 validity of the contract1 #afg2 assignment of policy1 #afh1 #agb2 authority of general agent to vary the agreement1 #afh2 no contract until policy accepted by company1 #afi2 state requirements1 #afi2 delivery of policy1 #afi2 authority of general and special agents1 #agj2 payment of first premium1 #agj2 void under conditions contrary to public welfare1 #agj2 proceeds on which policy may be set aside1 #aga2 determination of beneficiary1 #aga2 date of commencement of risk1 #agb2 payment of premiums1 #agb2 reinsurance contracts1 #agc2 cancellation or surrender1 #agc1 #agd2 rescinding of a policy1 #agd2 surrender or cancellation value1 #age2 conversion of policy1 #age ,insurance money1 provision for1 in lease1 #aei ,insurance policy1 of bankrupt1 #cg2 form for assignment of1 #cjb ,insurer1 garage keeper not an1 #acd2 innkeeper is1 #adg ,interstate ,commerce ,commission1 controls interstate telegraph business1 #bdh ,invention1 patentable or not1 #bjb1 #bjc2 requirements necessary to obtain a patent1 #bjc2 element of novelty1 #bjd2 prior publication1 #bjd2 usefulness1 #bjd2 exercise of inventive power necessary for a patent1 #bje2 reduction of to practice1 #bjf2 employer presumed to be the real inventor1 #bjh2 inventor must apply for a patent1 #bjh2 specification of1 #bjh2 improvement on1 #bji ,jewelry1 keeping of1 by bailor1 #bi2 see ,carrier1 ,innkeeper ,key1 delivery of1 constitutes delivery of goods1 #bdb ,laborers1 farm1 and ,compensation ,acts1 #bfh ,lake1 title to land under and around1 #aab ,land1 title to1 bounded by navigable river1 #aab2 equity can forbid injuries to1 #aba2 equity will enforce covenants1 #abb2 devise of1 in wills1 #bfe2 form for agreement for sale of1 #bgg ,land1 agreement to purchase1 #ae2 must be in writing1 #ae2 how signed1 #ae2 how complete1 #ae2 oral agreement1 #ae1 #af2 part payment1 #af2 period of option to purchase1 #af2 see ,contract1 ,statute of ,frauds ,land license1 see ,license ,land owner1 liability of1 for nuisances on his property1 #beg2 for safety of persons and children1 #bei ,landlord1 see ,lease ,larceny1 #bg ,law1 common1 #a1 #b1 #c2 statute1 #a1 #b2 courts of1 #d2 civil and criminal1 #b1 #afd2 and equity1 #c1 #e2 insolvency1 #ca ,lawsuit1 mode of conducting1 #afd ,lease1 #aea2 defined1 #aea2 oral or written1 #aea1 #aeb1 #aec2 liability of lessee1 #aea1 #aei2 agreements in #aeb1 #aec2 year to year tenancy1 #aec2 term1 defined1 #aec2 for a future period1 #aec1 #aed2 description of premises1 #aed2 distinction between1 and agreement1 #aed2 valid1 #aee2 made by married woman1 #aee2 private corporation may make1 #aee2 municipal corporation restricted1 #aee2 corporation may take1 #aee2 executor may dispose of1 #aee1 #aef2 trustees may make1 #aef2 partner cannot make1 #aef2 for what can be made1 #aef2 ratification1 #aef2 construction of1 #aef2 presumes care on part of tenant1 #aef1 #aeg2 rights of a mill tenant1 #aeg2 rights of a farm tenant1 #aeg2 assignment of1 #aeg2 sublease1 #aeg2 lessor may part with his interests in1 #aeh2 not a warranty of good condition1 #aeh2 lessor not required to make repairs1 #aeh2 agreement to make repairs1 #aeh1 #aei2 agreement to rebuild1 #aei2 alterations by tenant1 #aei2 renewal1 #aei2 rent1 #afj2 eviction1 #afj1 #afa2 land rented on shares1 #afa2 of parts of building separately1 #afa2 liability of lessor1 #afa1 #afb2 removals by tenant at expiration of1 #afb1 #afc2 form for agreement for1 #bic2 form for a1 #bic2 #bid2 form for a farm1 #bie2 form for assignment of1 #bih2 of furnished room1 form for1 #big ,legal remedies1 #afd-aff ,legatee1 property given to1 disposition of1 #cg2 and cash dividends1 #ig1 #ih2 and stock dividends1 #ig1 #ih2 definition of1 #bfc2 who may be1 #bfd2 see ,will ,lessee1 see ,lease ,lessor1 see ,lease ,letter of credit1 form for1 #cji ,libel1 is a wrong1 #bej1 #bea1 #beb2 and slander1 #beb ,license1 land1 #adi2 defined1 #adi1 #aej2 for what granted1 #aej2 granted informally1 #aej2 revocation1 #aej1 #aea2 duty of licensor to invitee1 #aea2 of vessels1 #bcf ,license to operate automobile1 #bj ,lien1 of agister1 #cj2 of livery stable man1 #cj2 of groom1 #cj2 of freight carrier1 #di2 on bank stock1 #gh2 of factor1 #abc2 of garage keeper1 #acd2 of innkeeper1 #adh2 on real estate1 #ahj1 #aha2 form for claim of1 by workman1 #bgi ,life ,insurance1 see ,insurance1 ,life ,limitation1 ,statutes of1 #bdc1 #bdd1 #bde ,livery stable1 no lien on animals1 #cj ,lodging house1 liability of keeper1 #adi ,lost property1 #bf-bh ,mc,clain1 ,justice1 quoted on life insurance1 #afh1 #agd ,mail1 ,united ,states common carrier for1 #eb2 ,united ,states is not liable for loss of1 #eb2 private express cannot be established for1 #eb2 liability of postmaster and assistant and clerk1 #eb2 liability of driver of1 #eb2 assent in contracts sent by1 #fi1 #gj2 delivery of insurance policy1 #afi2 see ,negotiable ,paper ,malice1 liability of corporation for1 #ii ,mandamus1 issue of1 #ha2 action of1 #aff ,manufacture1 contract for1 not included in ,statute of ,frauds1 #bdc ,manufacturer1 liability of1 #beh ,margin1 sale of stock on1 #bce ,marriage1 #ac1 #ad1 #aae1 #acg2 see ,husband and ,wife ,massachusetts courts1 decision in respect to adopted child1 #e ,masters1 of vessels1 law governing employment1 #bci2 duties and successors of1 #bdj2 authority of1 #bdj ,meetings1 #hc-hf ,merchant1 duty of1 towards public1 #aea2 and traveling salesman1 form for agreement between1 #caa ,merchandise ,broker1 #de1 #df ,messages1 telegraph1 should not be made public1 #bdg2 may be produced by order of a court1 #bdg2 criminal offense to divulge1 #bdg2 to open or read a sealed1 #bdg2 repeated and unrepeated1 #bdh ,minor1 limited power of1 #g2 bid made by1 #ah2 as bailee1 #bj2 cannot become a voluntary bankrupt1 #ca2 as mortgagee1 #ec2 as chauffeur1 #eg2 citizenship of1 #fb2 ability of to sign contracts limited1 #fe2 period of infancy of1 fixed by law1 #fe2 cannot subscribe to stock1 #ge2 cannot be held for note1 #ia2 cannot make legal deed1 #ajg2 lease made by1 void1 #aee2 contracts of a1 #agf2 necessaries and luxuries supplied to a1 #agf2 disaffirmation of contract of a1 #agg2 fraudulent contract of a1 #agg2 can avoid sales contracts1 #bbh2 and ,statute of ,limitations1 #bdd2 may be a devisee or legatee1 #bfd2 as employee in ,compensation ,acts1 #bfh ,morawetz1 quoted1 #hh1 #hi1 #ajj ,mortgage1 creditor1 can force contract to give1 #abj2 kinds of1 #agg2 may cover future advances1 #agh2 improvements covered1 #agh1 #agi2 not an absolute conveyance1 #agi2 not changed by contemporaneous agreement1 #agi2 with power of sale1 #agi1 #ahj2 how the power must be executed1 #ahj2 mortgagor cannot purchase property sold1 #ahj2 lien of vendor for purchase money1 #ahj2 how subsequent purchaser is affected1 #ahj2 notice of vendor's lien1 #aha2 mortgagor real owner1 #aha2 both parties may insure premises1 #aha2 rights of several mortgagees to same property1 #aha2 right of deviser to money due on1 #ahb2 mode of foreclosure on a1 #ahb2 payment by joint contributors to discharge1 #ahc2 who can redeem a1 #ahc2 payment by executor1 #ahc2 rights of mortgage of vessel1 #bch2 form for deed of1 with power of sale1 #bhg2 form for deed of1 #bhg2 form for notice of sale under1 #bia2 form for assignment of1 #bib2 see ,deed1 ,chattel ,mortgage1 ,shipping ,mortgage1 ,chattel1 #eb2 definition of1 #eb1 #ec2 form of1 #eb2 who may make1 #ec2 creditors may join in giving1 #ec2 description of property1 #ec1 #ed2 may be given for future advance of money1 #ed2 to render secure from creditor #ed2 ,statutes of1 #ee1 #ef2 what is included in1 #ee2 rights of mortgagee1 #ee1 #ef2 form for1 with power of sale1 #bhh2 form for deed of1 #bhi2 see ,mortgage ,mortgagee1 #ee1 #ef2 has insurable interest in goods1 #abf ,mortgagor1 #ee1 #ef2 favored by law in regard to fixtures1 #acc ,motorist1 non-resident1 #bj ,naturalization1 #fb ,negotiable ,instruments ,law1 #bac ,negotiable paper1 definition1 #ahc-aig2 see ,note1 ,promissory ,newspapers1 offers and rewards in1 #gj1 #ga ,note1 promissory1 definition1 #ahc2 requirements for a1 #ahc2 unqualified promise in a1 #ahd2 payable on a contingency1 #ahd2 payable at a fixed future time1 #ahd2 dating of a1 #ahd2 seal of a1 #ahd2 payable on demand1 #ahd2 overdue1 #ahe2 payable to order2 #ahe2 payable to bearer1 #ahe2 ante or past-dated1 #ahe2 title to1 acquired from date of delivery1 #ahe2 a wrongly dated1 #ahf2 authority of holder to fill blanks1 #ahf2 incomplete until delivery1 #ahg2 mode of delivery1 #ahg2 ambiguity of a1 #ahg1 #ahh2 signature to a1 #ahh2 signature by agent1 #ahh2 a forged1 #ahh2 forged indorsement on a1 #ahh2 consideration for a1 #ahi2 accommodation party to a1 #ahi2 negotiation of a1 #ahi2 negotiation by delivery of a1 #ahi2 by indorsement and delivery1 #ahi2 kinds of indorsement of a1 #ahi2 striking out indorsement of a1 #ahi2 indorsing to bank or cashier1 #aij2 misspelled or incorrect indorsement1 #aij2 holder in due course1 #aij2 bad faith in negotiating1 #aij1 #aia2 agreement of maker1 #aia2 liability of indorser1 not a party to1 #aia2 presentment of a1 for payment1 #aia1 #aib1 #aic2 exclusion of days in reckoning due date of1 #aic2 payable at bank1 #aic2 notice of dishonor of a1 #aic1 #aid2 notice of1 to joint parties1 #aid2 notice of1 to address as directed1 #aid2 notice of waived1 #aie2 alterations in a1 #aie2 memorandum on a1 #aie2 similarity of indorsed1 and bill of exchange1 #aif2 given in payment1 #bab2 and ,statute of ,limitations1 #bdd ,non-resident ,alien1 #fc1 #fd ,notice1 of sale under mortgage1 form for1 #bia2 of meetings1 see ,corporation2 to quit1 form for1 #bii ,nuisances1 private1 are wrongs1 #bee ,obligations1 various1 included in ,statute of ,limitations1 #bde ,officer1 public1 liability of1 #eb ,option1 to purchase land1 #af ,owners1 in common1 of vessels1 #bcf1 #bcg ,parent1 natural and adopted1 #e2 cannot lease land of minor child1 #aee2 of a minor1 #agg2 obligations of1 toward child1 #aig2 cessation of1 #aig2 protection of child by1 #aig2 use of child's property by1 #aig2 and child1 relations between1 #aig2 see ,adopted ,child1 ,husband and ,wife ,partner1 a member of beneficial association not a1 #ci2 what surviving may do1 #he2 may waive notice of corporate meeting1 #he2 dower rights of widow of1 #aae2 cannot lease partnership land1 #aef2 non-investing1 not liable for debts1 #aih2 a general agent1 #aih2 limitations of authority of a1 #aii2 silent or secret1 liability of1 #aii1 #bjj2 general or special1 #bjj2 illegal contract made by a1 #bja2 death of a1 #bja2 succession to by executor1 #bja2 retiring1 #bja2 liquidating1 authority of1 #bjb ,partnership1 rules for termination of agency1 #ad2 liability of members1 #ge1 #gh2 stock owned by1 represented by partner1 #he2 contract to form1 cannot be enforced1 #abj2 member of1 cannot make lease1 #aef2 between tenant and landlord1 #afa2 in a single transaction1 #aih2 ,act1 #aih2 liability of non-investing partners in1 #aih2 can hold any kind of property1 #aih2 partners in1 are general agents1 #aih2 limitations of authority of partners in1 #aii2 reception of a new member in1 #aii2 formed by definite agreement in writing1 #aii2 silent or secret partners in1 #aii1 #bjj2 limited liability1 #bjj2 dissolution of a1 #bja2 death of a partner in1 #bja2 retiring partner in1 #bja2 failure of1 disposition of assets1 #bjb2 liquidating partner in1 #bjb ,party wall1 form for agreement concerning1 #bgg ,passenger1 duty of automobile owner or hirer1 in carrying1 #bb2 compensation for carrying1 #bb2 see ,carrier ,patent1 #bjb2 design1 #bjc2 invalidation of an ,american by a foreign1 #bjd2 prior publication for a1 #bjd2 defeat of on ground of lack of novelty1 #bjd2 must be useful to get a1 #bjd2 exercise of inventive power necessary for a1 #bje2 to whom can a be issued8 #bjf2 a joint1 #bjg2 must be issued in name of real inventors1 #bjg2 rights of employee with a1 #bjg2 may be issued to assignees1 #bjh2 inventor must apply for a1 #bjh2 specification of invention to get a1 #bjh1 #bji2 duties of inventor to get a1 #bji2 duties of commissioner and examiner before granting a1 #baj2 right of appeal if not granted1 #baj2 infringement of1 and injunction to prevent1 #baa2 form for assignment of right1 #cjd ,pawn ,broker1 #de1 #dg ,payment1 when can double be required1 #i1 #baa2 legal forms of1 #baa1 #bab2 note or check given in1 #bab2 applications of general on several debts1 #bab2 receipt not conclusive evidence of1 #bac2 effect of a seal in a receipt for1 #bad2 on receipt of documents1 #bce2 partial1 of purchase money completes sale1 #bdc2 partial1 revives debt barred by ,statute of ,limitations1 #bde2 of money1 form for bond for1 #cje ,peck1 quoted1 #aag ,pedestrian1 rights of1 #bb ,physician1 admission of1 to beneficial associations1 #da2 form for agreement for sale of practise of a1 #cji ,pledgee1 authority of1 #g2 has insurable interest in goods1 #abf ,pledgor1 of stock1 #he1 #hf ,policy1 insurance1 #afh-agf2 form of assignment of1 #cjb2 see ,insurance1 ,fire2 ,insurance1 ,life ,poll deed1 #ajf ,possession and control1 transfer of constitutes delivery1 #bdc ,postmaster1 liability of1 #eb ,post office1 is agency of offerer of contract1 #fi1 #gj ,pond1 title to land under and around1 #aab ,power of attorney given to an agent1 #g2 given by a homesteader1 #ad2 revoked by woman's marriage1 #ad2 form for1 #bii2 to transfer stock1 form for1 #cjj ,precedent1 nature of1 #a ,preference1 defined1 #cb ,preferred stock1 see ,corporation ,premium1 see ,insurance1 ,life2 ,insurance1 ,fire ,prescriptive ,rights1 #bad2 to land1 how gained1 #bad2 how determine whether or not fully acquired1 #bad2 to light and air1 #bae2 to use of water1 #baf2 to lateral support of land1 #bag2 excavations1 #bah ,price1 fixing of1 in a sale1 #bcj2 determination of reasonable1 #bca ,promise to pay a debt1 renewal of1 #bdd1 #bde ,property1 lost1 #bf1 #bg2 fraudulent transfer of1 #cb1 #cc2 real and personal1 in wells1 #bfc ,prosecution1 liability of corporation for1 #ii2 malicious1 is a wrong1 #bdi ,prosecutor1 ,state as1 #afd2 injured person as1 #afd ,publication1 prior1 of an invention1 #bjd ,public ,officers1 and ,compensation ,acts1 #bgb ,purchasers of vessels1 liability of1 #bch ,quasi ,contract1 #bah2 definition1 #bah2 gift cannot be reclaimed1 #bah2 recovery for incidental advantage to another1 #bah1 #bai2 for service rendered as gratuity1 #bai2 for goods accepted without intended payment1 #bai2 for perished property1 #bbj2 premium on insurance policy1 #bbj2 recovery in case of indefinite promise1 #bbj2 contract not executed as law requires1 #bbj1 #bba2 especially ,statute of ,frauds1 #bba1 #bbb2 recovery for use of unpaid for land1 #bbb2 recovery impossible in case of no benefit1 #bbb2 recovery impossible by taking advantage of one's own default1 #bbc2 recovery for loss in course of alteration and repair1 #bbc2 in case of illness or death of contractor1 #bbc2 in wagering contract1 #bbd2 in contracts made on ,sunday1 #bbd2 on partnership note given for benefit of partner1 #bbd2 of goods delivered by carrier to wrong person1 #bbd2 of payment made by mistake1 #bbe2 when consideration has totally failed1 #bbe2 voluntary payment1 #bbe2 recovery of check not covered by deposit1 #bbe2 goods sold as own which are not1 #bbe2 goods that are worthless1 #bbe2 forced benefit cannot be recovered1 #bbf ,quit1 form for notice to1 #bii ,quit-claim1 #ajf2 form for deed of1 #bhe1 #bhf ,quo warranto1 action of1 #aff ,race track news by telegraph1 #bag ,railroad receivers1 #h ,ratification1 defective notice of meeting may be cured by1 #hc ,real ,estate1 broker1 #de1 #df2 deeds1 #aja-aab2 monuments1 #aaa2 boundaries of1 in cities1 #aaa2 non-navigable stream1 #aaa2 tidal navigable stream1 #aab2 natural or artificial pond as boundary1 #aaa1 #aab2 title to land in public highway1 #aab2 liability of examiner of title1 #aab1 #aac2 equity awards money for failure of contract1 #abj2 equity will enforce covenants1 #abb2 seller favored by law in regard to fixtures1 #acb1 #acc2 conveyance of1 in ,statute of ,frauds1 #bdb4 ,see ,lease ,receipt not conclusive evidence of payment1 #bac ,receiver1 duties of1 #gi2 has insurable interest in goods1 #abf4 ,see ,corporation ,registration of vessels1 #bce ,release1 #ajf2 by ward of his guardian1 form for1 #cad ,rent1 #afj ,replevin1 action of1 #afe ,representation1 as distinguished from warranty1 #bfj ,retraction1 of slander and libel1 #bee ,revocation of wills1 #bff ,right of way1 #bad2 to light and air1 #bae2 to use of water1 #baf2 to lateral support of land1 #bag ,riparian owner1 rights of1 #aab ,roads1 public1 #ai ,safe ,deposit ,company1 as bailee1 #bi ,sale1 #bbg2 future contract to sell and present sale1 #bbg2 based on mutual assent1 #bbg2 executory1 #bbg2 executed1 #bbg2 based on mutual assent1 #bbg2 may be conditional1 #bbg2 regulation of capacity to buy and sell1 #bbh2 contracts of a minor1 #bbh2 ,sales ,act and ,statute of ,frauds1 #bbi2 limit of enforcement of sale1 #bbi2 an undivided share1 #bbi2 specific goods1 #bcj2 fixing of price in a1 #bcj2 determination of reasonable price1 #bca2 and warranties1 #bca2 satisfaction of buyer necessary1 #bca2 implied warranty in a1 #bcb1 #bcc2 transfer of ownership in a1 #bcc2 delivery and acceptance in a1 #bcd2 delivery of goods or documents on payment1 #bcd2 speculative stock1 #bce2 of goods1 wares1 and merchandise in ,statute of ,frauds1 #bdb2 various modes of completing1 #bdc2 of land1 form for agreement for1 #big2 ,bill of1 form for1 #bha2 form for notice of1 under mortgage1 #bia ,sales ,act1 #ag1 #bbh2 and undivided share of goods1 #bbi2 and ,statute of ,frauds1 #bbi2 and specific goods1 #bcj2 fixing of price in1 #bcj2 determination of reasonable price1 #bca2 satisfaction of buyer necessary1 #bca2 warranty and implied warranty1 #bcb1 #bcc2 delivery and acceptance1 #bcd2 delivery of goods or documents on payment1 #bcd ,seal1 use of1 #ajf2 effect of1 in a receipt for payment1 #bad ,seamen1 of vessels1 laws pertaining to1 #bda ,separation1 between husband and wife1 #adc1 #add ,servants1 domestic and ,compensation ,acts1 #bfi ,service1 contract of1 #bfg ,shareholder1 rights of1 #aja4 ,see ,corporation ,shares1 land rented on1 #afa2 of stock1 form for agreement to sell1 #cjb ,shipping1 #bce4 ,see ,vessels ,shipping ,broker1 #de ,slander1 liability of corporation1 #aa1 #ab1 #ii2 in case of drunkenness1 #aah2 and libel1 action of1 #aff2 and libel1 distinctions between1 #beb2 is a wrong1 #bej1 #bea2 definition of1 #bec ,sleeping car1 #ea ,snow1 liability for1 on pavement1 #afb ,spring of water1 restrictions of owner1 #bag ,statute of ,frauds1 and auctioneer1 #ag2 and lease1 #aeb2 and recovery on contract1 #bba1 #bbb2 and sale of goods1 #bbi1 #bdb1 #bdc2 and delivery and acceptance1 #bdb2 and sale of real estate1 #bdb2 and manufacturer1 #bdc ,statutes1 #a1 #b2 pertaining to lost property1 #bf1 #bg2 to beneficial associations1 #ci2 to pawn-brokers1 #dg2 limiting amount carrier must pay for lost life1 #ej2 regarding mail carrying by private express1 #eb2 pertaining to chattel mortgages1 #ee1 #ef2 imposing higher inheritance tax for non-resident aliens1 #fc2 allowing individual to form corporations with legislative aid1 #gc2 pertaining to married women's subscriptions to stock1 #ge2 provisions for corporations1 #hj1 #ha1 #hc1 #ii2 controlling bank directors1 #ib2 fixing liability of parties1 #aje2 requiring two witnesses to deed1 #ajg2 modifying dower rights1 #aaf2 giving insurer right to cancel fire insurance policy1 #abg2 providing for total loss1 #aca2 exempting innkeepers from loss by fire1 #adh2 changing responsibility of innkeeper1 #adi2 in ,new ,york relative to termination of leases1 #aed ,statutes of ,limitation1 claim barred by1 and bankruptcy1 #ce2 application of1 to directors1 #ij2 operation of1 to cancel debt1 #bac2 various provisions1 #bdc1 #bdd1 #bde ,stock1 #ge2 who can subscribe to1 #ge2 fictitious subscriptions1 #ge2 certificates1 #gf1 #hf2 capital increased1 #gf2 preferred1 #gf2 subscription to1 a contract1 #gg2 corporation cannot purchase own1 #gh2 corporation has no lien on its1 #gh2 national banking law1 #gh2 assessments on1 #gi2 majority shall rule may be modified1 #hj2 purchaser of1 should give notice to company1 #hb2 sale of1 #hc2 trustee legal owner1 #hd2 executor can vote1 of testator1 #hd1 #he2 administer can vote1 #he2 owned by partnership represented by partner1 #he2 seller and purchaser1 #he2 pledgor and pledgee1 #he1 #hf2 transferee1 #he2 dividends1 #id2 owners of1 can examine books1 #aja2 equity compels delivery of stock1 #aai1 #abj2 owner of1 in corporation has insurable interest in goods1 #abf2 speculative sales of1 #bce2 form for power of attorney to transfer1 #cjj2 certificate1 form for1 #cja2 form for agreement to sell1 #cjb2 form for transfer of1 #cjc4 ,see ,corporation ,stolen property1 resale of1 #bfa ,strike1 excuses telegraph company for delay1 #bdf ,sub-agent1 #aj1 #ae ,sublease1 #aeg ,subscription to build a church1 form for1 #bii ,subtenant1 #aeg ,taxes1 of beneficial associations1 #da2 on homestead1 #acg ,telegraph1 #bdf1 #bdh2 not a common carrier1 #bdf2 must serve all who apply and offer to pay1 #bdf2 cannot discriminate against another telegraph company1 #bdf2 strike sufficient excuse for delay1 #bdf2 can be penalized for delay in interstate business1 #bdf2 prohibited by statute from limiting their own liability1 #bdf2 may be prohibited from transmitting racetrack news1 #bdg2 must transmit all messages except those containing indecent language1 #bdg2 may close at reasonable hours1 #bdg2 may require sender to designate route of message1 #bdg2 messages should not be made public1 #bdg2 rules for within the state business differ from the rules for interstate business1 #bdg2 repeated and unrepeated messages1 #bdh ,telephone1 #bdf-bdh2 company cannot favor any telegraph company1 #bdf2 cannot legally charge a telegraph company more than any other patron1 #bdf2 cannot discriminate against another telephone company1 #bdf ,tenant1 favored by law in regard to fixtures1 #acb4 ,see ,lease ,term of lease1 defined1 #aec ,terms1 explanation of1 #a ,testator1 must possess sound mind1 #bfb1 #bfc1 #bfd2 requirements of1 #bfd ,title to bed of lakes1 #aab2 to real estate1 #aab1 #aac2 warranty of seller's when in possession of the goods1 #bfa ,tort1 action in1 #aff ,torts 7or wrongs71 #bdh-bfj2 definition1 and examples1 #bdh2 false imprisonment1 #bdi2 malicious prosecution1 #bdi2 assault and battery1 #bej2 defamation of reputation and character1 slander1 #bej1 #bea2 must be brought to the knowledge of a third person1 #bea2 libel1 vituperation1 and abuse1 #bea2 distinctions between libel and slander1 #beb2 a corporation may be slandered1 #bec2 defenses in actions for slander or libel1 #bec2 apologies or retractions1 #bee2 private nuisances1 #bee2 motives not material1 #bee2 acts of discomfort amounting to nuisances1 #bef2 temporary annoyances1 #bef2 distinction between acts that annoy1 and acts that injure1 #beg2 liability of land owner1 #beg2 trespassing cattle1 #beg2 vicious animals1 #beh2 starter of a fire1 #beh2 keeper of explosives1 #beh2 liability of a manufacturer1 #beh2 users of other persons' property1 #bei2 liability for acts of children1 #bfj ,trades-unions1 #ch ,transfer of shares of stock1 form for1 #cjc ,tree1 divisional1 law relating to1 #aac ,trenchard1 ,justice1 quoted1 #aab1 #aac ,trespass1 action of1 #afe ,trespasser1 #aeb ,trustee1 appointment of1 in bankruptcy1 #cf2 must give bond1 #cg2 removal of1 #cg2 death of1 #cg2 represents bankrupt debtor1 #cg2 duties1 #cg2 may make lease1 #aef2 powers of1 #bfe ,undivided share of goods1 and ,sales ,act1 #bbi ,united ,states1 common carrier for mails1 #eb2 liability of1 for conduct of a private mail driver1 #eb2 citizen of1 defined1 #fb2 act conferring citizenship on alien women1 #fb2 naturalization laws1 #fb1 #fc ,usage1 affects agent's power1 #h2 sales of auctioneer1 #ah2 may take into account in insurance policy1 #abh2 in presenting check for payment1 #aib2 creates implied warranty1 #bcc2 delivery of goods affected by1 #bcd ,vendor1 when can sell goods1 #g2 may have lien for purchase money1 #ahj2 notice of lien1 #aha ,vessels1 must be registered1 #bce2 can be registered only by citizens of ,united ,states1 #bce2 sale to a foreigner1 #bcf2 enrollment of1 #bcf2 license of1 #bcf2 title to1 how acquired1 #bcf2 when owned by corporations1 #bcf2 owners or tenants in common of1 #bcf3 limitations of authority of owners in common of1 #bcf2 majority and minority of owners in common of1 #bcg2 liability of purchaser of1 #bch2 mortgaging of1 #bch2 rights of mortgagor of1 #bch2 borrowing money on1 #bci2 appointment of masters of1 #bci2 duties1 and successors of1 #bdj2 authority of1 #bdj2 seamen1 laws pertaining to1 #bda1 #bdb ,vituperation and abuse1 a wrong1 #bea ,voluntary service1 recovery for1 #bai ,voting1 cumulating1 described1 #hg1 #hh ,ward1 death of1 terminates lease1 #aee2 form for release from guardian1 #cad ,warranty1 deed of1 #ajd1 #aje2 and ,sales ,act1 #bca1 #bcb1 #bcc1 #bfj2 distinction between and representation1 #bfj2 statement made simply to awaken a buyer's interest not a1 #bfj2 implied in all cases where vendor is an expert1 #bfa2 in sale of food1 #bfa2 of the seller's title1 when in possession of the goods1 #bfa2 when goods are sold by sample1 #bfa2 form for deed of1 #bhb1 #bhc4 ,see ,deceit1 ,sale ,water1 use of stream of1 #baf4 ,see ,prescriptive ,rights ,widow1 rights of1 #acf4 ,see ,dower ,wife1 rights of in will1 #bff2 rights in marriage4 ,see ,husband and ,wife ,will1 mortgagor dies without leaving1 #ahb2 definition1 #bfb2 requirements for testator1 #bfb2 witnesses of1 #bfb2 real and personal property in1 definitions of1 #bfc2 should be in writing1 #bfc2 devisee and legatee in1 #bfc2 must be in accordance with laws of states1 #bfc2 grounds on which are attacked1 #bfc2 made by the insane1 #bfd2 requirements of1 #bfd2 when several are made1 #bfd2 authority of trustee of1 #bfe2 devise of lands in1 #bfe2 date on which take effect1 #bfe2 rights of wife in1 #bff2 revocation of1 #bff2 forms for1 #cae1 #caf1 #cag ,williston1 quoted1 on stock sales1 #bce ,witnesses of wills1 number required1 #bfb ,woman married1 limited power of1 #g2 as mortgagee1 #ec2 and contracts1 #fe2 as subscriber to stock1 #ge2 husband of1 entitled to curtesy1 #aja1 #ajb2 execution of deed by1 #aji1 #aaj2 and dower1 #aac2 lease made by1 #aee2 and ,statute of ,limitations1 #bdd2 may be devisee or legatee1 #bfd4 ,see ,husband and ,wife ,work and labor1 form for agreement for1 #bhj ,workmen's ,compensation ,acts1 injury to chauffeurs1 #eg1 #bff2 who is compensated under1 #bfg2 who is not1 #bfg2 contract of service necessary1 #bfg2 condition of health of no consequence1 #bfh2 minors1 apprentices1 and farm laborers1 #bfh2 domestic servants1 #bfi2 casual employees1 #bgj2 independent contractors1 #bga2 ,federal employees1 #bga2 public officers1 #bgb2 dependents of workers1 #bgb2 children of workmen1 #bgc2 earnings the basis for computation of compensation1 #bgd2 death of workman1 #bgd2 total and partial incapacity1 #bge2 form for claim of lien by1 #bgi ,wrongs4 ,see ,torts1 #bdh-bfj 99 99 99 99 99 ---------------------------------------- ------------------- ,typographical errors corrected in text3 ,page #b3 adplicable replaced with applicable ,page #af3 posession replaced with possession ,page #cb3 fradulent replaced with fraudulent ,page #ie3 fnud replaced with fund ,page #abf3 ,morever replaced with ,moreover ,page #acc3 morgagee replaced with mortgagee ,page #aci3 solemized replaced with solemnized ,page #aec3 acquiesence replaced with acquiescence ,page #aga3 perpared replaced with prepared ,page #bgb3 volutary replaced with voluntary ,page #cbd3 mortage replaced with mortgage ,page #cbf3 ,defences replaced with ,defenses ---------------------------------------- ------------------- 99 99 99 99 99