CJnrn^U ICam i^riynnl ICtbraty 
 
Cornell University Library 
 KF 387.B98 
 
 The business man's law library and pract 
 
 3 1924 018 809 081 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924018809081 
 
THE 
 
 BUSINES-S MAN'S 
 
 LAW LIBRARY, 
 
 AND 
 
 PRACTICAL ASSISTANT, 
 
 DESIGNED FOE 
 
 fOTARIES, JUSTICES, LAWYERS, LANDLORDS, TENANTS, 
 MANUFACTURERS, FARMERS, SHIPOWNERS, CAR- 
 RIERS, ENGINEERS, ARTIFICERS, ETC. 
 
 WITH 
 
 A. STJFF»LEM:E:NrT, 
 
 coMFEisma 
 
 DIRECTIONS AND FOKMS FOK THE EXECUTION AND 
 ACKNOWLEDGMENT OF DEEDS TO BE USED OE EECOBDED 
 
 N OTHEE STATES DUTIES AND LIABILITIES OF EXECUTOES, 
 
 ADMINISTRATOES, GUARDIANS, PAETNEES, PRINCIPAL AND 
 
 AGENT LIABILITIES OF MINOES BATES OF INTEE- 
 
 EST AND PENALTY FOE USURY, ETC., ETC 
 
 T" 
 
 -^ 
 
 By I/ K,.' ^JJTTS. 
 assisted by members of the bae. 
 
 PUBLISHED BY 
 I. R. BUTTS, No. 2 SCHOOL STREET, BOSTON. 
 
 1859. 
 
TESTIMONIALS. 
 
 Fkom Hon. Neill S. Brown, late Gotekxoe of Tennessee. 
 
 I have examined to some extent, a work tiy I. R. Butts, Esq., entitled ' 
 " £usiness Man^s Law Library and Practical Assistant, with Suppth 
 ment," and I have no licsitation in saying that it deserves the patronage of 
 all business men. It contains a vast amount of information in a form clear 
 and condensed ; and so far as I have been able to discover, it is free from in- 
 accuracies. It is designed mainly for the use of the merchant and mechanic, 
 but the lawyer will also find it useful in his profession. 
 
 Fkom James R M. Bryant, Professor of Law in Indiana Fniteksitt. 
 I have given a cvirsory examination to a work entitled " Business Maii% 
 Law Library," by I. R. Butts, which appears to me to be a work well cal- 
 culated for reference, and information to business men So far as it relatej 
 to legal rights, its authorities and points are taken from sources of acknoiri 
 edged authority in law. I regard it as a very useftrl work embracing as it 
 does so much information in a condensed form on various branche.s of busme;| 
 
 From Hon. Samuel H. Jenks, Boston, Notary Public, Justice of 
 
 THE Peace, &c. ; 
 
 As an act of justice due you for the advantage derived not only fro4 
 an examination, but from a practical use of your valuable publication, I mi 
 bound to say that I have found it of great utility as a work of reference aiid 
 authority, in all matters connected with the varied branches of my professioji 
 
 I consider your book as an indispensable appendage to my official desk — aj 
 a manual to which every man of business may confidently resort in cases ot i 
 doubt — as a compendium of all those i^rinciples of law which regulate social 
 intercourse, and govern the Trading community. It indeed evinces extra- 
 ordinary research, and great power of systematic condensation — entitling theni 
 to every success that may consist with your fondest hopes. 
 
 From Hon. Henry Wilson, United States Senator. 
 I have examined with care your most excellent work for Business Men, and 
 I regard it as a work of great value to all persons who are engaged in busi- 
 ness transactions. As a work of reference and authority it must be to all < 
 men in active life of great utility, and I can most cheerfully recommend 
 it as a valualile aid to persons in all departments of business. 
 
BEIEF SUMMARY' 
 
 OF THE 
 
 CONTENTS OF THE TVORK. 
 
 book: I. 
 
 The first book, ' The Business Man's Assistant & Ready Keckoneb,' em- 
 ■braces a collection of forms of Agreements for Buying, Selling, Manufacturing, 
 Building, and other purposes ; Copartnership Agreement ; Bonds of Indemnity, 
 Sale of Land, Arbitration, &o. ; Bill of Sale of Goods ; Assignments of Bonds, 
 Contracts, Leases, Mortgages, Wages, Estates in Trust for Creditors, &c. ; 
 Awards of Arbitrators for loss by Fire, for Valuation of Land, &o. ; Deeds of 
 Land, Leases, Mortgages of Chattel and Real Estate ; Notices from Landlord 
 fand from Tenant ; Guarantees for Payment of Goods, Credit, to Stop Legal 
 Proceedings, of Kent ; Compounding with Creditors ; Powers, or Letters of 
 Attoyney for yarious purposes ; Release of all Demands, Rent, Contract, Note, 
 and Dower ; Petitions, various forms of ; form of Marriage ; Wills, Codicil. — 
 Laws regulating Mortgages of Real and Personal Property, Contracts^Tender, 
 Guarantees, Damages, Deeds, Wills, Bonds, Arbitration, Releases, &c. ; No- 
 tices of Discontinuance of Easement ; Witnesses' Certificate of Entry of Mort- 
 gagee for the purpose of foreclosing Mortgage — Together with a larger 
 number of Rules, Practical Tables and R«ady Reckoners, for Artificers, En 
 gineers. Builders, Measurers, Lumber, Iron, Stone, Coal Dealers, &c., than 
 are to be found in any other work. Book-keeping, with Instructions and 
 Examples. Directions to those having business to transact at the Patent Of- 
 fice, with Forms of Petition, Assignment, &c. Rates of Postage in the United 
 States and between the U. States and Foreign Countries. 
 
 book: II. 
 
 The second book, 'The Trader's Guide,' is a compend of the Laws of 
 Trade, comprising the Law regulating Bills of Exchange, Promissory Notes, 
 Drafts, Checks, Releases, Receipts, Endorsements, Acceptances, Contracts, 
 (express, simple, and implied,) Sales, Delivery, and Warranty of Goods, 
 Estates, Horses, &c., Fraud, Damages on Protested Bills and Outlawry of 
 Debts in all the States, Insolvency, Payments, Interest, Off-set, Trusteeing ; 
 Mode of Collecting Debts in all the States, and Exemptions from Attachment, 
 &c. ; Rights of Husband over Wife's Property, and Rights of Wife over her 
 own ; forms of Affidavits, Depositions, Endorsements, Notes, Bills, &c. ; Le- 
 gality of Book Accounts, Settlements, and Receipts ; Forms for Protesting 
 Bills of Exchange, Notes, &c. ; General and Mechanics' Lien Laws. 
 
 book: ixi- 
 
 The third book, ' The Landlord's and Tenant's Assistant,' contains 
 the Legal Rights and Duties of Landlords and Tenants, in relation to Hiring 
 and Letting Houses, Stores, ^c, to Assigning, Repairing, Taxes, Holding 
 over, Fixtures, Forfeiture, Waste, Ejectment, Water, &o. ; with forms of 
 Leases, Assignments, Notices for Non-payment of Rent and to Determine Ten- 
 
4 SUMMARY OF THE CONTENTS. 
 
 anoy, Guarantees for Payment of Rent, and special covenants not found in 
 the printed leases, &c. Also, Rules of Law respecting Dmsion Fences, De- 
 fec^Te Fences, Partition Walls, Trespass of Cattle, Right to Highways, Pri. 
 ■vate Ways, and Running Water, Removal of Nuisances, Obstructing Dooig, 
 Windows, Ancient Lights, Negligence, &c. 
 
 BOOIS I'V- * 
 
 The fourth booh, ' The Merchant's Assistant, Common Caheier's ato 
 Insurer's Guide,' contains the Rules of Law regulating the Liabilities of 
 Shippers, Shipmasters, Steamboats, Railroads, Common Carriers on Land, 
 Sea, Lake, River, Canals, Feri-ys, Forwarders, Bailees, Consigners, Coifc 
 signees, Chd,rterers, Freighters. Law regulating Insurance, General Aver, 
 age. Delivery of Goods, Demurrage, Collisions, Bills of Lading, Stoppage in 
 Transitu, &c. United States Steamboat Laws for the Safety of Passengeri 
 Forms for Adjusting General Average, for Abandonment, Surveys of Shift 
 Cargo, Charter Party, Protests against loss by storms, jettison, collisions, &c. 
 against Master for refusing to sign bill of lading in customary form, against 
 Master for not proceeding to sea, after signing bill of lading, against Con- 
 signee for not taking goods from vessel and discharging her within a reason. 
 able time, BiU of Lading, with directions to captain how to sign under certain 
 contingencies. Bottomry, Respondentia, and other Bonds. Seamen's and 
 Boatmen's Table of Wages by Day and Month. 
 
 BOOIi -V. 
 
 The fifth book, "The Sequel to the Business Man's Law Librabt," 
 contains the General Requisites in relation to the Nature, Execution and Ac- 
 knowleagment of Deeds. 
 
 Directions and Forms for the Execution and Acknowledgment of Deedsg 
 and other Instruments to be Used or Recorded in every State in the Union. ' 
 
 Forms of Deeds to a City, by a Town, by a Tax Collector, of Trust,' by 
 Sheriff, by Executor, by Administrator, by Guardian, by a Corporation, &c. 
 
 Duties of Executors, Administrators, and Guardians. 
 
 Form of Account for Administrator and Executor ; Tables to estimate the 
 Value of a Widow's Dower. 
 
 Rights and Duties of Parents and Children. Liabilities of Minors. Void 
 and Voidable Acts of Minors. 
 
 Constructions of Wills ; Witnesses required ; Forms of Wills : Decisions of 
 Courts m relation to Wills. 
 
 Partnership— how constituted ; how persons may involve themselves in 
 the liabilities of Partners ; how and when can Partnership be dissolved : what 
 constitutes a Partnership ; what dissolves a Partnership ; when can a Partner 
 withdraw ; on the death of a Partner, what course is to be taken by his rep- 
 resentatives to bring the survivor to a Settlement ; how must notice be giv^ 
 of a Dissolution of Partnership ; what neglect of the outgoing Partner w5l in- 
 volve him in habihty for the debts of the Firm 
 
 Special P.artnership how constituted ; Forms of Agreement of Partnership; 
 liability of Partner ; how Partnership is to be conducted ; what neglect, or 
 omission, will change a special into a general Partner 
 
 PRiNCirAL and AoENT-what constitutes an Ageni ; implied agency, how 
 m-eated; duty of an Agent; how is Principal held bound by the acts of his 
 
 Usury and its Penalties, with Rates of Interest in all the States. Cheating 
 and obtauiing Money or Goods by False Pretences. Fraud, what constitutes, 
 and the duty ot buyer and seller. i-v/ii^i.ii.iivcD, 
 
BiliSS M'S ISSISTMT 
 
 AND 
 
 READY RECKONER. 
 
DEOIDBDLY THE MOST USEFUL AND THE CHEAPEST BOOK 
 EVER OFFERED TO THE PUBLIC. 
 
 THE NEW 
 
 BUSINESS MAN'S 
 
 ASSISTANT, 
 
 AND 
 
 READY RECKONER, 
 
 FOR THE USE OF 
 
 CONSISTING OF 
 
 I 
 
 LEGAL FORMS & INSTRUCTIONS 
 
 INDISPENSABLE IN BUSINESS TRANSACTIONS; 
 AND A GREAT VARIETY OF USEFUL TABLES. 
 
 By I. R. BUTTS, 
 
 Author of the "Business Man's Law Library,"—*' The Merchant's, Shipmaster's and : 
 chanic'B Assistant,"—** The Laws of the Sea," &c., &c. 
 
 BOSTON: 
 PUBLISHED BY I. R. BUTTS & CO. 
 
 COKBTBE OF SCHOOL & ■WASHINGTOBT STKEET. 
 (Over Ticknor & Field's Bookstore.) 
 
 1859. 
 
PREFACE. 
 
 This work is prepared for the use of Merchants, Mechanics, 
 Farmers, and business men generally. Its object is to furnish 
 them with a Collection of the most useful Forms of Contracts 
 and Legal Instruments which occur in business transactions, 
 and such Instructions and Rules of Law in relation to them, 
 as will enable persons of ordinary capacity, to write and execute 
 their Agreements, Deeds, &ic., without applying to an attorney. 
 
 In addition to its value as a Legal Manual it contains a greater 
 number and variety oi practical T'oftZes than are to be found in any 
 other work of similar size ; — among which are Tables for Lumber 
 Dealers, Wood Dealers, Iron Dealers, Coal Dealers, &c., giv- 
 ing Board, Plank, and Timber Measure, Timber and Saw Logs re- 
 duced to Inch Board Measure, Scantling, Log Measure* &c. ; Bark, 
 Wood, and Coal Measure; Iron, Copper, Brass, and Lead Meas- 
 ure ; Iron, Copper, and Lead Pipe Measure ; Produce, Merchan- 
 dize, Wages, Wood, Coal, Hay, and Bark Ready Reckoners, &c. ; 
 Interest, Equation, Gold and Silver Coin Tables. 
 
 Also, a System of Book-keeping, with Instructions and Examples, 
 suited to the Business of Traders, Mechanics, and Farmers. ' 
 
 Also, the Rates of Postages within the U. S., to the British Pro- 
 vinces, and all places in Europe, Asia, Africa, and America. 
 
 Also, Directions to Applicants for Patents, with Forms, Fees, &c. 
 
 There can no where be found so comprehensive a compendof busi- 
 aess farms inijacts for every day use, as this valuable Assistant. 
 
 Entered according to Act of Congress, in the year 1852, 
 BY I. R. BUTTS, 
 he Clerk's Office of the District *^°urt of the District of Massachusetts. 
 
CONTENTS 
 
 OF THE NEW BUSINESS MAN'S ASSISTANT. 
 
 Page 
 
 AGREBirBNT, general Form of, 
 for Selling, Bar^pring, Manu- 
 facturing, or any oilier purpose, 13 
 
 AGREEMENT for llie Sale and 
 Piling of Wood, 13 
 
 AGREEMENT for making Shoes, 13 
 
 AGREEMENT lo Sell and deliver 
 a Horse, Oxen, Sec 13 
 
 AGREEMENT to Submit to Arbi- 
 tration, 14 
 
 AGREEMENT for the Sale and 
 Purchase of Real Estate, .... 14 
 
 AGREEMENT to Sell and De- 
 liver Flour, Wheat, &c., 14 
 
 AGREEMENT with a Clerk, or 
 Workman, IS 
 
 AGREEMENT of Lease, (Land- 
 lords') 15 
 
 AGREEMENT of Lease, (Ten- 
 ants') 15 
 
 AGREEMENTS (Builders') Nos. 
 J, 2, and 3 16 
 
 AGREEMENT (Builders') and 
 Form of" Specification 17 
 
 AGREEMENT of MARRIAGE, 
 Form of, 2) 
 
 AGREEMENT of Copartnership, 
 Form of, 33 
 
 AGREEMENT to continue the Co- 
 partnership, Form of, 34 
 
 AGREEMENT lo Dissolve the Co- 
 partnership, Form of, 34 
 
 AGREEMENT of parties to Abide 
 by the Decision of an Award, . . S5 
 
 APPRENTICE, Indenture of, with 
 Rules of Law Relating to, 22 
 
 ARTICLES of Copartnership, 33 
 
 ASSIGNMENT to be written on 
 the back of any instrument, with 
 Rules of Law relating to, 23 
 
 ASSIGNMENT of a Lease, 23 
 
 ASSIGNMENT of Mortgage, 4;c., 24 
 
 ASSIGNMENT of Bond, or Bill. .. 24 
 
 ASSIGNMENT written on the back 
 of Fire Policy, 24 
 
 ASSIGNMENT of a Bond, where 
 A^-si^nior IS liable, 24 
 
 ASSIGNMENT of a Bond, where 
 Assignor is not liable, 24 
 
 ASSIGNMENT of Wdges now due 
 and to become due,, . . , 24 
 
 ASSIGNMENT oflmeresi in Land 
 for a term of Years, 25 
 
 ASSIGNMENT of Claims against 
 Debtor, 25 
 
 ASSIGNIMENT of Debtor, 25 
 
 ASSIGNMENT of Land Warrants 45 
 
 AWARD of Three Referees, with 
 Inslruclions, 26 
 
 AWARD of Referees, Fire Ins., . . 27 
 
 AWARD for Valuation of Land, . , 27 
 
 BILL OF SALE (under Seal).... 8 
 
 Fags 
 BILL OF SALE (by two Mer- 
 chants) Partners 28 
 
 BILL OF SALE OF HORSE.. 28 
 BILLS of Exchange, with Rules of 
 
 Law relating to, 58 
 
 BOND, Form of, with Laws relat- 
 ing to, 29 
 
 BOND of two Obligors 30 
 
 BOND to pay Money by Instal- 
 ments , 30 
 
 BOND to Indemnify,. 30 
 
 BOND of Arbitration, 30 
 
 BOND of Indemnity for lost Note,. . 31 
 
 B OND to convey Real Estate 31 
 
 BOND with two Sureties, 31 
 
 BOND of Treasurer[or Trustee],.. 31 
 CERTIFICATE of MARRIAGE, 21 
 CERTIFICATE of Witnesses of 
 Foreclosure of Mortgage,. .... . 67 
 
 COPARTNERSHIP, form of, with 
 
 Rules of Law relating to, 32 
 
 COlMPOUNDING with Creditors, 
 
 to take a certain per Cenlage, 35 
 COMPOUNDING wiih Creditors 
 
 (another)to take endorsed notes, 35 
 CHATTEL iMORTGAGE, Law of 50 
 DEEDS, Laws regulating,. 30,37,38 
 
 DEED, Quit claim, , 39 
 
 DEED, Quit Claim, bv Trustee,.. 39 
 
 DEED Warranty, '. 40 
 
 DEED Warranty, by husband and 
 wife to convey wife's Estate, 40 
 
 DEED, executed by Attorney, 41 
 
 DEED of Real Estate to a Married 
 
 Woman, to her Sole Use, 41 
 
 DEED of Personal Estate from a 
 Father to a Married Daughter, 
 to her Sole and Separate Use, 42 
 
 DEED of Right of Way, 42 
 
 Deeds (warranty^ quit-claim^mort- 
 gage, lease and trust Deeds) pre- 
 scribed by the States of Indiana, 
 
 Virginia and Iowa, 43, 44 
 
 deed, Chancellor Kent's Form of, 44 
 EASEMENT, a Eight of Way, 
 
 Air and Light, Law of,. ... 42, 67 
 EASEMENT, notice Denying the 
 
 Rightof^. 67 
 
 ENDORSEKof Note on Time, or 
 Demand, when liable for Pay- 
 ment, when not, 59 
 
 FORM of Marriage, 21 
 
 FORMS and Regulations for the 
 
 Transfer of Land AV'arranls,, . . 45 
 FORMS o{ Patent Office, consisting 
 of Petition, Specification, Oath, 
 Surrender, Withdrawal, As- 
 signment, Disclaimer, Caveat, 
 New Improvement, Assignment 
 before obtaining Letters Pa- 
 tent, Fees of Patent Office, 71—74 
 
CONTENTS OF THE NEW BUSINESS MAN S ASSISTANT. 
 
 FORECLOSURE of Mortgage, 
 
 Certificate of Entry, 08 
 
 GUARANTEE, Laws regulating. 8 
 GUARANTEE for the Payment of 
 
 Goods, 46 
 
 GUARANTEE of certain Amount, 46 
 GUARANTEE for Debts due, ....46 
 GUARANTEE to stop proceedings, 46 
 GUARANTEE for payment of rent, 47 
 
 GUARANTEE to pav Note, 47 
 
 LEASEof House, or Store, ... 48,49 
 LEASE how Sealed in different 
 States, and when it should be 
 Recorded, or Registered, .... 47 
 
 LEASE, Directions to Tenant 47 
 
 MORTGAGE of Personal Proper- 
 ty, with Laws relating to, 50 
 
 MORTGAGE of Tools, Machinery, 
 Goods, or Household Furniture, 51 
 
 MORTGAGE, Chattel, 52 
 
 MORTGAGE of Personal Property 
 
 to Secure Endorser, 53 
 
 MORTGAGE of Real Estate, 54 
 
 MORTGAGE of Real Estate with 
 
 power of sale^ 55 
 
 MORTGAGE, Extension of, 65 
 
 MORTGAGOR Rights of, 56 
 
 MORTGAGE, Redemption of, 57 
 
 MORTGAGEE. Rights of, 57 
 
 MORTGAGE, Discharge of, 57 
 
 MORTGAGE, Satisfaction of, 67 
 
 MORTGAGE Deed of Release, .. 63 
 
 NOTES, Due Bills, Receipts, Bills 
 of Exchange, Drafts, Orders, 
 Checks, and Judgmtnt Note^ 
 with Laws relating to^.... 5S^ 59, 60 
 
 rage 
 
 NOTICE of Tntention to Build 20 
 
 NOTICE of Dissolution of Copart- 
 nership, Form of, 35 
 
 NOTICE to Quit from Landlord, 49 
 
 NOTICE to Quit from Tenant, 49 
 
 NOTICE to Quit for Non-payment 
 
 of Rent, 49 
 
 PARTNERSHIP, Form of, with 
 
 Rules of Law relating to, 33 
 
 PATENTS, laws of. Directions and 
 
 Forms for, 69 to 74 
 
 PETITIONS, general forms for, . . 64 
 POWER (or Letters) of Atlomey, 
 
 with Rules of Law relating to, 61 
 POWER, form of, to collect Debts, 61 
 
 POWER 10 effect Insurance, 61 
 
 POWER to sell. Stock,... 61 
 
 POWER to sell and Lease Real 
 Estate, and collect Rents, .... 62 
 
 POWER to receive Dividends 62 
 
 POWER, Revocation of, 62 
 
 PROXY to vote for Directors, &c.. 62 
 RECEIPTforlnterestdueonBond, 60 
 RECEIPT for Money d ue on Bond, 60 
 REDEMPTION of Estate, time of 56 
 
 REFEREES, Award of, 25 
 
 RELEASE ofa Bond, Note. &c.,.. 63 
 RELEASE of Dower, by Widow, 63 
 
 RELEASE of all Demands, 63 
 
 RELEASE of Mortgage, 63 
 
 RENT, Security ibi' 47 
 
 RIGHTS of Mortgagor, 56 
 
 RIGHTS of Mortgagee, 57 
 
 TENDERS (Forms of) 20 
 
 WAY. (jrant of Right of, 43 
 
 I WILLS and Codicil, 65,66 
 
 ' WILLS, Directions for making, 64, 6S 
 
 Laws regulating Contracts, Guarantees, Damages, Agents, 
 Awards, Bonds, Deeds, Mortgages and Wills. 
 
 Contracts. -^When is a Contract void ? 
 Can I bind myself not to carry on my 
 trade or business? Can I bind myself 
 to pay the debt of another? Am I 
 obliged to take the goods I bargain 
 for? When does a debt, note, or bill, 
 cease to be collectable? What is a 
 Guarantee, and how made? When is 
 a contract made on Sunday void ? 
 How constructed? How should con- 
 tracts be performed? How rescinded? 
 How should a tender be made ? Dam- 
 ages. — What is the difference between 
 a penally and liquidated damages? 
 Liabilities of Agents, 7 to 12 
 
 Awards. — What is the duty of Refer- 
 ees, and how shall they make out and 
 render their award ? 24 
 
 Bills of Sale.— Whm is the duty of 
 the seller? What is the duty of the 
 buyer ? &o. What is a Warranty ? 25 
 
 Bonds. — What is a bond? howls it 
 made void ? how is boifd executed ? 
 can the whole penalty be recovered, 27 
 
 Copartnership. — How may persons 
 
 enter into partnership, special or 
 general? What are liie responsibili- 
 ties of partners ? How does a person 
 render himself liable as a partner? 32 
 
 ileetfs.— Which is the most direct 
 way to ascertain the validity of the ti- 
 tle ? By what mode can we ascertain 
 if there be an incumbrance ? How 
 should the land be described ? If the 
 purchaser intends to assume the 
 mortgage how should it be stated in 
 the Deed ? or, if a right of way be 
 granted, or reserved ? 36, 37, 38 
 
 JVfortg-ag-fs.— Where should a mort- 
 gage of Personal Property be recorded ? 
 How can Mortgagee take possession 
 of the Estate though no condition be 
 
 Wills. — What precautions are neces- 
 sary in making a Will ? What is the 
 nature of and how is a Will execu- 
 
 wn y -'liould not be witnesses to 
 a Will ? How many witnesses are 
 reqiiired, and how should they sub- 
 scribe the Will ? 65 
 
CONTENTS 01' THE NEW BUSINESS MAN's ASSISTANT. ^ 
 
 MENSUKATION, WEIGHTS AND MEASURES. 
 
 Page 
 
 MARKS of contraction, 75 
 
 DE CIMAL Arithmetic, 75 
 
 To find the Squakk, or Super- 
 ficial Feet in Boards, Planks, 
 
 Marble, Stone, Bnck Wall &c, 7S 
 To find the number of Square Feet 
 
 In a Lot of Land., 76 
 
 To find the Solid Contents in Tim- 
 ber, Plank, &c 76 
 
 To find the Solidity of a Frustrum^ 76 
 To find the Solid Contents in Round 
 
 Timber, Trees, &o., 77 
 
 To find the area of a Circle, 77 
 
 To find the Solidity of a Cylinder, 77 
 To find the Capacity of Water 
 
 Tanks, Cisterns, Oil Cans, &c,. 77 
 To find the Solid Contents in Tim- 
 ber, Stones, Boxes, Bins, &C.,. . . .78 
 To find the Capacity of a Coal Bin, 
 
 Tanner's Vat, &c, 78 
 
 WEIGHTS AND MEASURES. 
 
 MEASURES of Weight, 78 
 
 MEASURES of Surface, 78 
 
 Pase 
 MEASURES of Capacity (Dry), 78 
 
 MEASURES of Length, 79 
 
 FRENCH MEASURES of fre- 
 quent reference compared with 
 United States Measures, 79 
 
 WEIGHT of a Bushel of various 
 articles, 79 
 
 WEIGHT of a bushel of Bitumi- 
 nous and Hard Coal, 79 
 
 MEASURES of Capacity (Liquid, 79 
 
 GALLONS, Weight of Water, 
 Oils, &o., 79 
 
 MEASURES of Solidity, or Cubic 
 Measure, 79 
 
 NUMBER OF CUBIC FEET in a 
 
 Ton of various Bodies, 79 
 
 WEIGHT of a Cubic Foot, in 
 
 Pounds, of various articles, 79 
 
 WEIGHT of a Cubic Inch in 
 
 Pounds, of various articles, .... 79 
 DECIMAL Approximations for 
 
 Facilitating Calculations, 80 
 
 READY RECKONERS. 
 
 Giving the Price of any Num 
 BEE of Pounds, from 25 cents 
 to S50 per ton of 2000 lbs. 114 
 
 Giving the Price of any Ndm- 
 BER of Pounds, from 25 cents 
 to S560 per ton of 2340 lbs. 115 
 
 Giving the Price of any Num- 
 ber of Pounds, Yards, Bush- 
 
 LUHBER 
 
 A Table of Decimals, to find, 
 expeditiously, the Number 
 of Superficial Feet in Plank, 
 Board, &c. of any Breadth, 81 
 To find the Solid, or cubic. 
 Contents in .Trees and Logs, 82 
 
 •III. Giving the No. of Solid Feet 
 
 in Hewn Timber, 8-3 
 
 iV. Giving the Square Feet in 
 
 Plant and Scantling, 86 
 
 il. 
 
 01 
 
 II 
 
 els of Wheat^ Corn^ &c., at 
 any price less than S 3 eaCh, 117 
 
 IV. Giving" the Number of Solid 
 
 Feet in any Pile of Wood or 
 Bark, 94 
 
 V. Giving the price per Foot of 
 
 any Number of Feet of 
 Wood or Bark, 93 
 
 TABLES. 
 
 V. Giving the Square Feet in 
 
 Scantling and Timber, 88 
 
 VI. Giving the Square Feet in 
 
 Boards, 90 
 
 VII. Giving the Square Feet in 
 
 any Log, reduced to Board 
 
 Measure, 91 
 
 VIIL Giving the No. of Cubic Feet 
 in Round or Equal sided 
 Timber 92 
 
 MECHANICS' TABLES, 
 
 I. Multipfiers, (Co-efficients) for 
 Facilitating Calculations,.. 
 n. Areas of Circles, 100 
 
 III. Weight of a Foot in Length of 
 
 Flat (Tire) Bar Iron, 95 
 
 IV. Weight of a Square Foot of 
 
 Sheet Iron, Copper, &Brass, 95 
 
 V. Weight of a Square Foot of 
 
 Boiler Plate Iron, and of 
 Copper, Brass, and Lead, 96 
 
 VI. Weight of a Foot in Length 
 
 of Square and Round Bar 
 
 Iron 96 
 
 BMA 1* 
 
 VII. Dimensions of Cylindrical 
 Columns of Cast Iron to 
 sustain a given Pressure 
 with Safety, 97 
 
 VIIL Holder's Table, giving the 
 Weight of Metals proportion- 
 ed to the Weight of Pattern, 
 
 IX. Proportional Breadths for hex- 
 agonal Six-sided l>futs for 
 
 Wrought Iron Bolts, 
 
 Screws. — ^ Giving the No. of 
 Threads to an Inch in V- 
 thread Screws, 
 
 X. 
 
 97 
 
 98 
 
6 CONTENTS OF THE NEW BUSINESS MAn's ASSISTANT. 
 
 XI. Weight of Lead Pipe pel foot, 
 
 XII. Weiglil of Cast Iron Pipes, 
 
 XIII. Weig-iit of one Foot in length 
 ofCopper Pipe, 
 
 XIV. Weight and Thickness of 
 
 Copper Plates, 
 
 XV. Weight and Thickness of 
 
 Sheet Lead, 
 
 Page 
 
 99 
 
 99 
 
 Piig« 
 
 XVI. Decimals equivalent to the 
 fractional parts of a Pound, 121 
 
 XVII. Decimals equivalent to the 
 fractional parts of a Foot, . . 182 
 
 XVIII. Decimals equivalentto the 
 fractionalparlsofa gallon,.. 121 
 
 XIX. Hoop Iron, Width, Thick- 
 ness, and Weight of, 124 
 
 MERCANTILE TABLES. 
 
 I. Interest Table ate per cent,.. 106 
 
 II. Interest Table at 7 per ceijt, 107 
 
 III. Interest Tables at and 7 per 
 
 cent, by the Month & Year, 108 
 
 IV. Interest, Compound, for Sav- 
 
 ings Banks, &c., 113 
 
 V. Table for Finding the Number 
 
 of Days from any Date inone 
 Month to the same Date in 
 any other Month of the Year, 109 
 V . Rules for Equating, or Aver- 
 aging Paymenls, 109 
 
 VII. American and Foreign Gold 
 
 Coins, & their Mint Weight 
 and Valucj 110 
 
 VIII. Value of Silver Coins and 
 Foreign Currencies, Ill 
 
 Weight and Value of United 
 
 IX. 
 
 States Silver Coin HI 
 
 X. Value of a Pound Sterling at 
 
 various Rales of Exchange, 105 
 
 XI. Freights, showingthe Quanti- 
 
 ties ofvarious kinds of Arti- 
 cles which constitute a Ton 
 ofFretght, 105 
 
 XII. English Sterling reduced to 
 
 Dollars and Cents, 112 
 
 XIII. French Francs reduced to 
 
 Dollars and Cents, 112 
 
 XIV. German Thalers reduced to 
 
 Dollars and Cents, . - 112 
 
 XV Bremen Rix Dollars reduced 
 
 to Dollars and Cents, 112 
 
 XVI. Table of Equivalent Prices 
 
 to Common Weights and ' 
 
 Measures, 123 
 
 MISCELLANEOUS TABLES. 
 
 III. 
 
 \y eight of Hard Coal propor- 
 tioned in Stowage 
 
 Cisterns, Tanks, Reservoirs, 
 their Contents in Gallons for 
 each 10 inches in Depth, . . . 
 
 For finding the Number of 
 Square Feel, and Yards, in 
 
 Pavement, Plastering, Paint- 
 ing, Flooring, Marble, &c. 81, 82 
 
 IV. Thirty ^i ears' Almanac, 125 
 
 V. BOOK KEEPING, 126 
 
 VI. RATES OF POSTAGE, to 
 
 all parts of the World, 129 
 
 SCALES OF WAGES. 
 
 II. 
 
 Mechanics' and Laborers' 
 Scale of Wages for Days 
 and Month, 101 
 
 Operatives' Scale of Wages, 
 for Days and Weeks,.... 102 
 
 III. Farmers' Scale of Wages for 
 
 Days and Month, 104 
 
 IV. Board per Week and Day, 
 
 for Taverns, and Boarding 
 Houses, &c., 105 
 
 NOTE. 
 
 In all Indentures or Agreements, the dale may appear either at the com- 
 mencement or close of the contract as ^'Memorandum of Agreement made this 
 tenth day of October, 18S6, iy and between A. B, and C. D." in which case the 
 close should read,— ''In toilness whereof, they have hereunto interchangeably set 
 their hands and seals [if sealed] on the day and year first above written.'^ Or the 
 date may be omitted at the commencement and ii.serled at the close as fol- 
 lows; — ^' Witness our hands and seals t'le .... day of ... . 1857." 
 
 In all sealed instruments, or written contracts', "it' is well to have two 
 subscribing witnesses to the signatures, who will write their names under ei- 
 ther of the following terma ■.—"Signed, sealed, and delivered in presence oP' or. 
 " Executed m presence of ''~0T, '' In presence of "—01 simpW •'Attest" 
 
 The repetilions which abound in the written and printed forms, such as " cov- 
 enant and <vee-'-" give, grant, bargain, sell and convey, and do grant, &c., 
 and liave granted," &c., may always be omilled ; so may the words '•executors 
 and admmmrators," [see page 27]; so, also,' "<,,«gL» ^sualfy n?ed S 
 be named ; if a covenant relate to any thing in bein|the assignee is bound 
 though not named; if to any thing personal to the contracting party he is 
 no bound, though named ; but m a contract relating to something not then ta 
 existence, but to be done oil land leased as to build I waU, a house, orthe Hk^, 
 upon the premises, the assignee will bebound, if named, ' but not' otherwise! 
 
THE 
 
 BUSINESS MAN'S ASSISTANT. 
 
 LAWS KEGULATING CONTKACTS. 
 
 Contracts are either express or implied. Express when the terras are 
 openly uttered at the time of making. Implied are such as reason and 
 justice dictate, and which the law presumes every man undertakes to 
 perform. For instance, if there is no stipulation as to the price, when one 
 sells goods, or performs labor for another at his request, the law implies a 
 promise to pay for such goods, or labor, so much as they are reasonably " 
 worth. It is also an implied condition of work and labor, that it be done 
 in a suitable and workmanlike manner. But the law will never imply a 
 promise against a party's express declaration made at the time. 
 
 A simple contract or agreement, whether verbal or in wriiirig, without 
 a sufficient consideration, is totally void in law, and the parties cannot be 
 compelled to perform it. There is but one exception to this rule,, and that 
 applies to negotiable instruments in the hands of an innocent indorsee. 
 But if a contract is deliberately made, without fraud, and with a full 
 knowledge of the circumstances, any damage, suspension, or forbearance 
 of a right, will be sufficient consideration. When promises are mutual, 
 and the one the consideration of the other, they are valid. A guaranty for 
 the payment of a note, like any other promise, without any considera- 
 tion, is void, 4 Pick. 389 ; unless the undertaking is contemporaneous with 
 the original debt. The consideration is not always the governing prin- 
 ciple on which the validity of contracts depends, for contracts which are 
 contrary to public policy, or the principles of morality, or in contravention 
 of express statutes, or principles of law, cannot be enforced, although 
 foiinded on alegal consideration. If any part of the entire consideration of 
 a contract is illegal, as against morals or public policy, the whole is void. 
 
 Among contracts contrary to public policy, is that of a. man binding 
 himself not to exercise his trade or business ; but if, for a valuable consia- 
 traticn, he engages not to exercise his trade in a particular place, he may 
 exercise it elsewhere. — Thus, an agreement not to run a stage coach on a 
 particular road — or with a mechanic or tradesman, to give tne purchaser 
 all his custom — or not to carry on his business within a certain distance, 
 for instance, ten miles, is good, and the contraci will not be impeached, 
 either in law or equity. — A bond that the obligor shall never carry on, or 
 be concerned in, the iron business, is void. 19 Pick. 51. 
 
 A Contract may also be void for want of some formality required by 
 /aw. The English Statute of Frauds has been substantially copied in 
 nearly alt the States. It provides that — in the following cases, — every 
 agreement shall be void unless the same, or some note or memorandum 
 thereof, be in writing* and subscribed by the party to be charged therewith. 
 
 1. Every agreement that, by its terms, is not to be performed within 
 one ye^ir, from the making thereof. 2. Every special promise to answer 
 the debt, default, or misdoings of another. 3. -Every contract *br the sale 
 of any lands, or any interest in lands. 
 
 Every contract for the sale of any goods, chattels, or things, for the price 
 of ten pounds f, or more, is void, unless 
 
 ♦ In New York the Contract is void if the conaideration be not expressed in the inBtra- 
 ment. In Maine, Massachu setts, Vermont, Indiana, and other States, it is not required. 
 
 + In the following States the amount has been fixed by Statute : — Maine and New 
 Jersey, $30; New Hampsliire, ®;i3 ; Vermont, 840 i Connecticut, $3C ; Miefiouri, $30 t 
 New York, MussQchusetts, "Wlaconsin, and Indiana, $50, 
 
8 LAWS REGULATING CONTRACTS. 
 
 1. A note or memorandum of such contract be made in writing, and 
 be subscribed by the parties to be charged thereby, or their agents ; or 
 
 2. Unless the buyer shall accept and receive part of such goods ; or 
 
 3. Unless the buyer shall, at the time, pay some part of the purchase 
 money ; or give something in earnest to bind the bargain. 
 
 If after a verbal contract for the delivery of goods, the vendor deliver 
 to the vendee a bill of parcels, it will be a sufficient memorandum in wri- 
 ting. 11. Mass. 6. So a broker being the agent of both buyer and seller 
 his signature binds both parties; and so of an auctioneer. 
 
 The letting of 3. home, store, &q., (or more than one year is void,\in]ess 
 the same is in writing ; bo is an agreement for a years' service, to com- 
 mence at a subsequent day ; — so is a contract to sell goods, exceed- 
 . ing a certain sum ; so is an agreement for the sale of land, &c. 
 
 GUARANTEE. The character of a contract or guarantee is a col 
 lateral engagement to answer for the debt, default or miscarriage of anoth- 
 er. The contract is in its nature special, and not negotiable, and no suit 
 can be maintained upon a guarantee except by the party with whom this 
 contract is made. 19 Maine, 359. 
 
 The primary meaning of a guarantee is an undertaking to pay the debt 
 of another in case he does not pay it. 24 Pick. 250. 
 
 If two parties go together into a warehouse or shop, and, upon the one 
 selecting and giving an order for goods, the other engages verbally to pay 
 for those goods in case the other does not ; in whatever form of words 
 that promise is made or given, he is not bound by it — it must be reduced 
 to writing. 
 
 When, however, the credit is not given to the buyer, but to the guar- 
 antor in the first instance, as where A. tells a merchant that he will be 
 responsible for goods purchased by C. and the merchant charges the 
 goods to A. the promise need not be in writing to bind the guarantor. 6 
 Blackf 357;3 Johns. Rep. 29. 
 
 A guarantee must be founded on some consideration. It is enough 
 however if the person for whom the guarantor becomes surety, receives 
 a benefit, or the person to whom the guarantee is given sufier incon- 
 venience, as an inducement to the surety to become guarantee for the 
 principal creditor. Chitty on Contracts, 436. 
 
 An engagement on the back of a lease, to guarantee the engagement 
 of the lessee, is binding, though no consideration be expressed. Tie per- 
 mitting the lessee to occiipy is sufficient to raise a consideration for the 
 promise. 12 Mass. 137. 
 
 There is an advantage from having a guarantee under seal, particularly 
 if it is for a considerable sum. 
 
 A matter of first moment for consideration, is, whether a proposed 
 guarantee is to be confined to a single transaction, or to extend to more 
 than one or to future transactions ; and to what precise amount or amounts 
 It is to be confined or extended ; or whether to be generally extended to 
 all acls and to any amount; also, to what precise period of time it is in- 
 tended It shall extend, if to be prospective. [See Guarantees, at p. 46.1 
 A guarantor ought lo take care to be indemnified against loss, in the 
 event of bemg called on to pay the debt. Wi th this view indemnities are 
 given (frequently, but not always or necessarily, by bond) holding harm- 
 less him who under an undertaking to be responsible for the debt or en- 
 gagements of another, becomes chargeable or liable for the debt. 
 
 Care should be taken, if it be intended to look to the guarantor, not to 
 dea with the principal; such as agreeing to give him further time after 
 a bill, or note, or other undertaking has become due; or accepting a re- 
 newed or other bill from him without the concurrence of the guarantor ; for, 
 If such a course be taken, it will discharge the guarantorfrom his Uability 
 
LAWS REGULATING CONTRACTS. 9 
 
 CONTRACTS MADE ON SUNDAY. A Note or other Contracl 
 written on Sunday is void ; but it is not void, though written on Sunday, 
 if it be delivered on some other day. 19 Ver. 358. When a Contract ia 
 written on Sunday, it is competent on another day for the other party to 
 demand a return of the thing delivered, and where impracticable, com- 
 pensation; and if the other party refuse, the original contTact becomes 
 thereby affirmed and binding. 19 Ver. 358. 
 
 CONSTRUCTION OF A CONTRACT. In the construction of 
 Contracts, the intention of the parties must govern; words are to be 
 taken in their natural and obvious sense ; when the intention is doubtful, 
 the context may be resorted to to explain ambiguous terms ; the whole of 
 the instrument is to be viewed and confpared in all its parts, so that every 
 part ot it may be made consistent and effectual. The law does not, 'm 
 general, require a formal contract drawn up with technical precision. Ant' 
 the useless repetitions, which often encumber legal instruments, may al- 
 ways be omitted, as they give no additional strength to the contract. 
 
 Where the language of an a^eement is plain and unequivocal, there is 
 no room for construction, and it must be carried into effect according to 
 its plain meaning. 
 
 Ambiguities in deeds or other instruments are generally interpreted 
 against the grantor, or contractor. So where a man gave a note expressed 
 to be " for money borrowed, which I promise never to pay," it was held 
 that the word never might be rejected. So if a man promises to pay in a 
 short time, it is void for uncertainty, but if he promises to pay without 
 mention of time, it will be taken to mean on demand. And so in an ex- 
 ception in a lease, if there be any doubt about the meaning of the excep- 
 tion it shall be construed against tSie lessor. 
 
 An agreement shall have a reasonable construction according to the in- 
 tent of the parties. 
 
 The defendant promised the plaintiff, in consideration of a wagon de- 
 livered to him by the plaintiff, at the time of the contract, to break up for 
 the plaintiff sixteen acres of new ground on or before a certain day. Held 
 that the piece of ground to be broken up, if not specified in the contract, 
 might be designated by the plaintiff. 8 Blackfl 571. 
 
 A sale for approved indorsed paper means in law a sale for paper 
 which ought to be approved, and not for paper such as the seller may ap- 
 prove. 4Serg. &K. 1. 
 
 A party is bound, in the absence of any misrepresentation of facts, by 
 the legal effect of his contract, and he is presumed to know that legal ef- 
 fect, and to intend it to have it. 1 Ind. Rep. 304. 
 
 Where a contract is made for any building, it becomes a law to the par- 
 ties, and they are both bound by it, and whatever additions and alterations 
 are made in such building, thej^ form a new contract either express or im- 
 plied, without affecting the original contract, and must be paid for, agree- 
 ably to such new contract. 
 
 A local usage cannot be considered a part of a contract when it contra- 
 dicts that contract. 
 
 Contracts valid in the place where made, are valid everywhere, unless 
 immoral, or contrary to public policy. Story Con. Law. 203. 
 
 So contracts void by the law of the land where made, are void every- 
 where. Remedies upon contracts and their incidents, are regulated and 
 pursued according to the law of the place where the action is instituted. 
 
 PERFORMANCE OF A CONTRACT.— A mere readiness of the 
 debtor to pay his debt, is not sufficient, he is bound to go to tlie creditor 
 and tender it to him, in order to exonerate himself from liability. 
 
 When a contract is to be performed within a certain time afler date, the 
 day of the date is to be excluded. 
 
10 LAWS REGULATING OONTRA-CTS, 
 
 A contract to complete a work by a particular time, means that it shair 
 be done before that time. 
 
 An entire contract cannot be apportioned. If a party undertake to com- 
 plete a certain act, wi^iich is entire and indivisible, b^ore his claim to re- 
 muneration is to accrue, he cannot recover for a partial performance, 
 although the ^completion of the act was prevented by inevitable accident. 
 Thus, where a sailor was to be paid a certain sum if he proceeded anrf 
 continued on a voyage, and he died before the voyage was completed, his 
 executor could clidm no part of his wages. So, if a landlord accept the 
 Burrender of a tenancy before the- close of a quarter, he cannot recover any 
 part of it. And so, if the tenant he evicted (compelled to leave the pre- 
 mises) before the close of the quarter, no rent can be recovered for the 
 portion, of the quarter in which he occupied. [See Law of Tenancy, \u 
 the "Landlord's and Tenant's Assistant," one of this aeries. 
 
 If a person is hired Tor six months, or other definite time, and leaves 
 before the end of it, without reasonable cause, he loses his right to wages? 
 for the period he has served. But if he is dismissed without cause he- 
 can recover for the whole term. And it is no sufficient cause for his aband- 
 oning his contract, that he was put upon work not contemplated at the time 
 the contract was made. But if he is prevented by sickness from laboring" 
 during the stipulated period, he may recover for his services as much as 
 his services were worth, for the time he labored. 
 
 When a special contract is made to perform work, and furnish materi-- 
 als, and the work is done, and the materials are furnished, but not accord* 
 ing to the stipulations in the contract, if the work and materials are of some 
 VEiIue and benefit to the other contracting party, the first party may recover 
 as much as his services and the materials were worth. 7 Pick 181. 
 
 A person who undertakes to perform ajob of work by special contract, 
 must perform his contract before he is entitled to his pay. 5 Johns. 85. 
 
 If in a contract for the sale of goods, no time be given for payment, the 
 law implies a contract to pay for them on delivery. 
 
 If a person contract to do a thing on demand, or on notice, he will be 
 entitled to a reasonable time in which to do the thing, after a demand 
 made or notice given. 12 Mass. 121. 
 
 A contract for the hire and service of an' agent, clerk, or servant, need" 
 not be in writing, unless by the terms of the bargain the employment is to 
 extend beyond a year. 
 
 When a promisor undertakes to pay a certain number of dollars in spe- 
 cific articles, he must deliver the articles on the day named, or he will be" 
 bound to- pay the sum stated in money. 
 
 RESCTNDtNG. In general, a contract cannot be rescinded, unless by 
 consent of both parties, except in case of fraud. 
 
 A party having a right to rescind a contract, must exercise the right 
 within a reasonable time. 
 
 Where parties agree to rescind' a sale once made and perfected without 
 fraud, the same formalities of delivery, &c. are necessary to revest the 
 property in the original vendor, which were necessary to pass it from him^ 
 to the vendee. 
 
 TENDER. A tender should be unconditional, and of a certain and 
 definite character. Where the dfefendant demanded a receipt, which the 
 plaintiff refused to give, it was held that the defendant had lost all benefit 
 of tender. 12 Mass. 450. 
 
 A tender does not bar, or extinguish the debt ; for the debtor is still liable 
 to pay It; but it bars the claim to subsequent damages, interest, and costs 
 of defence against the plamtiff. A debtor should tender the full amount 
 of the debt with the mterest and costs which have accrued-. 
 
LAWS KEGULATING CONTKACTS. 11 
 
 A tender of more money than is due is good for what is due. 
 A tender may be made by a third person, by debtor's desire, and on 
 feis behalf. It should be made in lawful coin ; and it is always safe to 
 produce and show the money. 
 
 A tenoer may also be made, after an action is broug-ht on such contract, 
 ■of the whole sum due thereon, with the Ugal costs of suit incurred up to 
 that time, provided it be made within the requisite time before the return 
 day of the original writ. The tender may be made to the plaintiff or his 
 attorney, and if not accepted, the defendant may plead such tender at the 
 trial, bringing into court the amount so tendered for the debt and costs. 
 If the tender is accepted, the plaintiff or his attorney shall give to the de- 
 fendant a certificate, or notice thereof to the officer who has the writ ; and 
 if any costs are incurred by the officer after the lender, and before he has 
 notice thereof, the defendant must pay it. 
 
 If a debtor tender to his creditor a sum of money, in full of all legal 
 claims, which the creditor may have against him -on account, and the 
 creditor receive the money, protesting that it is not sufficient, but saying 
 that he will take it and pass it to the debtor's credit upon the account, and 
 the debtor do not express any dissent to this course, the acceptance of the 
 tender will be held no bar to the creditor's right to recover such sum as 
 may be found due to him, exceeding the amount of the tender. 21 Ver. 
 Rep., 222. 
 DAMAGES. The general rule of law respecting the measure of dam- 
 . ages is, that where an injury has been sustained, for which the law gives 
 a remedy, that remedy shall be commensurate with the injury sustained. 
 16 Pick. 194, 196. 
 
 The general rule of damages on all contracts to deliver goods on de- 
 mand is the value of the property at the time of the demand. Ibid. 
 
 Where there has been a breach of contract without actual loss, the 
 plaintiff is entitled to a judgment for nominal damages and costs. 7 Tenn. 
 Rep. 575. 
 
 The measure of damages, in an action for a failure to convey land ac- 
 cording to covenant, is the value of the land at the time the conveyance 
 was to be made. 2 Scam. III. Rep. 3^4. 
 
 In an action by the assignee against the assignor of a promissory note, 
 the measure of damages is the amount paid by the assignee. Ibid. 562. 
 
 Anticipated profits, or speculations in real property, cannot be recovered 
 as damages for a breach of contract. llOhio, 501^ Actual expenditures 
 ■under the contract may be recovered. Ibid. 
 
 When one contracts to employ another for a certain time, at a speci- 
 fied compensation, and discharges him without cause before the expira- 
 tion of the time; he is in general bound to pay the full amount of wages 
 for the whole time. 2 Denio's N. Y. Rep. 609. 
 
 But in a suit for the stipulated compensation, the defendant may show in 
 diminution of damages, that after the plaintiff had been dismissed, he en- 
 gaged in other business. Ibid. 
 
 Where the parties deviate from the terms of a special contract to per- 
 form work and labor, in an action for the work done, the contract price 
 will, so far as applicable, generally be the rule of damages. 4 Com- 
 Bteck's N. Y. Rep. 338. 
 
 Where a party agreed to conwey a certain tract of land for twelve hun- 
 dred dollars, a part of which was ^jaid down, and was to be received as 
 part of the consideration-money, if such purchase was not completed, or 
 of the damage, if the contract was not performed ; and the party cove- 
 nanted, if he did not conform to his agreement, he would pay five hun- 
 dred dollars as a forfeiture. Hdd, that this sum was liquidalfd damages. 
 81 N. Hamp. 234. 
 
12 LAWS EEGT7LATING CONTRACTS 
 
 On a covenant to convey real estate, as on a covenant of seizin, the 
 measure of damages is, in the absence of fraud, the purchase-money and 
 interest. 2 Blackf. 143. 
 
 The proper criterion of damages for failing to deliver property accord- 
 ing to contract is, the value of such property at the time and place fixed 
 for its delivery. 9 B. Monroe, 394. 
 
 The measure of damages in case of loss of goods by common carriers, 
 is the wholesale price of the goods at the place where they were contract- 
 ed to be delivered, deducting freight. 4 Blackf. R. 266. 
 
 In respect to Liquidated Damages. The courts will construe the 
 amounts reserved as in the nature of a" penalty, rather than as stipulated 
 damages, though the sum reserved be called liquidated damages in the 
 bond. 5 Met. 61. 
 
 In respect to PeTUilties. When a certain gross sum is reserved in an 
 agreement, to be paid in case of the non-performance of such agreement, 
 it is generally to be considered as ^penalty, the legal operation of which 
 is, not to create a forfeiture of that entire sum, but only to cover the ac- 
 iual damages occasioned by the breach of the contract. Calling a sum 
 liquidated damages will not change its character as a penalty, if upon the 
 true construction of the instrument, it must be deemed to be a penalty. 
 2 Story on Contracts, 692. 
 
 Jt is difficult, in many cases, to distinguish between a penalty and 
 liquidated damages. In general, the courts have inclined to consider the 
 sum reserved by such agreement to be a penalty rather than liquidated 
 damages. 2 Bouvier's Law Dictionary. 
 
 An unliquidated demand for damages is not a proper subject of set-off 
 in an action at law. 1 Ind. Rep. 476. 
 
 AGENT. An agent signing sealed instruments in his own name, be- 
 comes personally responsible. But in contracts not under seal, if the 
 agent intends to bind his principal and not himself, it will be sufficient 
 if it appear in such contract that he acts as agent. The proper mode is 
 to sign the name of his principal first, and then, underneath, his own 
 name as agent, or attorney, thus : — A. B., by his attorney C. D. 
 
 When by negligence or unskilfulness of the agent, the principal derives 
 no benefit from the acts of the latter, he is not entitled to any compensation. 
 
 An agent is not liable to his principal, for not accounting until demand, 
 24 Wend. 203, which demand should be made at his residence, and suffi- 
 cient opportunity be given him for payment. 10 Ver. 474. 
 
 The authority of an agent may be created by writing or verbally, i 
 Johns. Ch. R. 667. J b J 
 
 The agency may be inferred from the relations of the parties, and na- 
 ture of the employment, without proof of any express appointment. 15 
 East. R. 400. J r ff 
 
 If the agency is to transfer real estate, the appointment must be in 
 writing. 6 Serg. & Rawl. 331. 
 
 A person whom a man puts in his place to transact his bu.siness of a 
 particular kind, is a general agent; and such authority empowers Uie 
 agent to bind the employer by all acts within the scope of his employ- 
 ment ; and that power cannot be limited by any private order or direction, 
 not known to the party dealing with the agent. 3 Blackf 436. 
 
 One who, for his services, is to share in the profits, but not losses of an 
 enterprise, and who acts only under employment, is an agent. 20 Ohio 
 Rep. 144. " 
 
 The principal may call his agent to an account at any lime; and may 
 recover full indemnity for all injuries sustained by reason of the positive 
 misconduct or negh|ence of the agent, or by his transcending his au 
 
ARTICLES OF AGKEEMENT. 13 
 
 ARTICLES OF AGREEMENT. 
 
 All agreements should, as far as practicable^ be reduced to writing. 
 In all Contracts be careful that every thing demanded, or assented to, be 
 fulhj and distinctly stated in the agreement ; for when an agreement is re- 
 duced to writing, it is supposed to contain all the term^ and conditions 
 which the parties have agreed on. 
 
 When contracts are verbal or when written, and not under seal, they are 
 termed simple contracts. One advantage of a 8eal is, thai the insiru^ 
 ment, in many of the States, is not outlawed under twenty years. 
 
 1. Form of Agreement for Selling', But/ing, Bartering, 
 Manufacturing, or for any oilier purpose. 
 
 This Agreement, made this day of ■, A. D. 185— , 
 
 between A. B., of , of the one part, and C. D., of , of the 
 
 other part, Witnesseth : 
 
 That the said A. B., for the consideration hereafter mentioned, 
 promises and agrees to * [here state the agreement) whether to 
 huild) make, sell, deliver ^ ^c] 
 
 In consideration whereof, the said C, D. hereby agrees to pay to 
 said A. B. [here state the conditions, whether to pay in goods, 
 cash, notes, Sfc.^ 
 [ The following Obligation can be inserted or omitted. The law allows, in most 
 
 cases, only for the actual damage sustained. See pp. 12 and 33.— Itis a general 
 
 rule that ilie delinquent shall answer for all the injury which results from 
 
 the immediate and direct breach pf his agreement ; but not from any remote 
 
 consequences.] 
 
 And it is further agreed between the parties hereto, that the par- 
 ty that shall fail to perform this agreement on his part, will pay to the 
 other the sum of — dollars, as liquidated, fixed and settled damages. 
 
 In witness whereof, they have hereunto interchangeably set their 
 hands and seals the day and year first above written. 
 
 A B. (l. s.) 
 
 Executed in presence of C. D. (l. s.) 
 
 * If the agreement is to sell and deliver Wood^ or other articles^ say : — 
 
 [sell to the said A. B. cords of seasoned hickory, {or maple, white 
 
 oak, beech, birch, &c., as the case may be,) wood, and to deliver and securely 
 
 pile the same on the wharf of the said C. D., in , on or before the 
 
 day of — next,] 
 
 If the Contract is to make shoes, 4*c.) say: — 
 
 [make and deliver to the said CD., within days from the date of this 
 
 contract, two hundred pairs of shoes, of the same quality of leather, goodness 
 of workmanship, and size, and in all respects according to the pattern or 
 sample agreed on by the parlies, on which both of the parties have wrillen 
 their names with the date of this agreement, and which sample is in the hands 
 of the said CD.] 
 
 If to sell a horse, say: — 
 [sell to the said C D. his black mare, known as black Fanny, 7 years old, 
 weighing about 900 lbs., and to warrant said mare to be sound, and kind ia 
 all harness, to ride easy, and as a ladies' saddle horse.] 
 If to sell animals, say : — 
 [sell and deliver to C. D. on the — day of — next, at his house in — , one 
 yoke of three year old oxen.] 
 
 BMA 2 
 
14 AGREEMENTS. 
 
 2. Agreement to submit to Arbitration* 
 
 KWOW ALL MEN BY THESE PRESENTS, That A. B. of , 
 
 in the county of and commonweallh [or, state] of , and the 
 
 Fire Insurance Company, a Corporation by law duly estab- 
 lished in , in the county of and commonwealth \or, stale] 
 
 of , have agreed to submit the demand, which the said A. B. 
 
 has against the said Company upon a certain policy of Insurance 
 against fire, made by the said Company in favor of the said A. B., 
 (a true copy of which Policy is hereunto annexed) to the determi- 
 nation of D. E. F., G. H. I. & K. L., of , the award of whom, 
 
 or the greater part of whom, being made and reported within 
 
 days from this day to the'Court of for the county of , the 
 
 judgment thereon shall be final: and if either party shall neglect to 
 appear before the arbitrators, after due notice given them of the 
 time and place appointed for hearing the parties, the arbitrators 
 may proceed in his absence. 
 
 Dated this — day of — A. D. 185—. A. B., Party Insured. 
 Si^ned^sealed and delivered in presence of C. D. Pres. Ins. Co. 
 
 * 1/ the dispute is between individuals say: — Know all Men, That A. B. 
 of — , and C D. of — , have agreed to submil the demand "which the said A. B. 
 has against the said C. D-, which is hereto annexed, {or^_ and all other de- 
 mands between said parties, — or the submission may lie varied in this respect) 
 to the determination &c. — See Awards and Bond at pp. 34, 39. 
 
 3. Agreement for the Sale of Real Estate. 
 
 [Every Agreement for the sale of real estate must be in writing. If it be the 
 intention of the parties that a simple \varranty deed or quit claim only be 
 given, it should be so stated in the agreement.] 
 
 Articles of Agreement made between A. B., of , and 
 
 C. D., of , as follows : — 
 
 The said A. B., for the consideration hereafter mentioned, doth 
 covenant and agree to convey to said C. D. in fee, all that lot of 
 land, situate in M., [give description, boundaries, &c.] by a war- 
 ranty deed in common form, with a good title, and a release of dow- 
 er of the wife of said A. B., on or before the day of next. 
 
 In consideration whereof, the said C. D. doth agree to pay said 
 A. B. the sum of two thousand dollars in the manner following: — 
 one thousand dollars in money on delivery of the deed, and one 
 thousand dollars in a negotiable note, payable to said A. B. in two 
 years, with interest semi-annually, secured by a mortgage of said 
 premises, to be made by said C. D. to said A. B., as collateral se- 
 curity for the payment of said note. 
 
 Witness our hands and seals this day of , A. D. 185—. 
 
 A. B. (l. s.) 
 
 Si§nedy sealed^ and delivered in presence of C J)^ (j^ g\ 
 
 [May be acknowledged and recorded] 
 
 4. Agreement for the Sale of Flour, Sfc. 
 
 Articles of Agreement made between A. B. of and 
 
 ;. D. of , as follows: — 
 
 The said A. B. agrees to sell and deliver to said C. D., at his store 
 
AGREEMENTS. 15 
 
 in C, on or before the day of next, one hundred barrels 
 
 of \ftour, pork, beef., wheat, corn, potatoes, cider, rum, or any 
 other article], warranted to be {here state the quality, fyc.\ 
 
 In consideration whereof, the said C. D. agrees to pay said A. B., 
 dollars in fuU for said flour, in four months from such delivery. 
 
 Witness our hands and seals this day of , 185 — . 
 
 A. B. (l. s.) 
 
 Inpresence of C. D. (l. s.) 
 
 5. Agreement with a Clerk, or Workman. 
 
 It is agreed by A. B. and C. D., doth of D., as follows : — 
 
 The said A. B. has agreed to enter the service of the said C. D. as 
 a Journeyman [or Clerk,] and promises faithfully, honestly and dil- 
 igently to give and devote to him his time and labor as aforesaid, 
 for the space of year , from the first day of January next. 
 
 In consideration whereof, the said C. D. agrees to allow, and pay 
 
 to the said A. B., the sum of dollars per annum, payable in 
 
 monthly payments of dollars each. 
 
 But, if the said A. B. shall fall sick, or be absent from the factory 
 [or, shop] of the said C. D., when he has employment for him, then 
 such absent time shall be deducted, allowed for, and made up to the 
 said CD. Witness our hands &c. A. B. (l. s.) 
 
 Inpresence of C. D. (l. s.) 
 
 6. Landlord's Agreement of Lease. 
 I have this — day of — , 18 — , let to C. D. my house and lot, known 
 as No. in street, in the city of , with the appurte- 
 nances, and the sole and uninterrupted use and occupation thereof, 
 for one year, to commence the day of next, at the year- 
 ly rent of dollars, payable quarterly, on the usual quarter 
 
 days. Rent to cease in case the premises are destroyed by fire. 
 
 A. B. 
 
 7. Tenant's Agreement of Lease. 
 
 I have hired and taken from A. B. his house and lot, known as 
 
 No. in street in the city of , with the appurtenances, 
 
 for the term of two years, to commence the first day of next, 
 
 at the yearly rent of dollars, payable quarterly, on the usual 
 
 quarter days. And I hereby promise to pay said rent in man- 
 ner aforesaid; and to quit and surrender the premises, at the expira- 
 tion of the term, in good condition, reasonable use, fire and other 
 casualties excepted. In case said house shall be destroyed or ren- 
 dered unfit for its accustomed uses by fire or other unavoidable 
 casualty, during said term, thereupon this agreement shall be 
 ended. 
 
 Witness my hand and seal this day of , 185 — . 
 
 Inpresence of C. D. (l. s.) 
 
 Note. — See Fonns of Leases, and Landlords' and Tenants' Notices to ter- 
 minate tenancy, and Notice- to Tenant lo Quit for non-payment of Rent, at 
 pages 48, 49. Also, see ^' The Landlord's and TenanVs Assistant'^ for various 
 forms of Leases, peculiar and special Covenants, and the Laws in relation to 
 Hiring Houses, Stores, Farms, &c. ; and the Liabilities of parties. 
 
16 builders' agkeements. 
 
 Forms of Agreements, S^c, for Builders. 
 
 TSo. 1. 
 
 I hereby agree to execute the whole of the works requisite to be 
 done in the (erection, enlargement, or alteration, as the case may 
 he) as detailed in the drawings and specification, for the sum of 
 
 L dollars and to complete and finish the same, according to the 
 
 conditions before specified, and to the satisfaction of the architect, 
 
 on or before the day of next, or to forfeit the sum of 
 
 per week, for every week the works may be delayed beyond that 
 date. • 
 
 Dated this day of 185—. i^- * • 
 
 Wo. 2. 
 
 This indenture witnesses, That A. B. of W., and C. D. 
 of X., agree as follows: — 
 
 The said C. D., for the consideration hereafter mentioned, agrees 
 to build and complete for said A. B., a three story brick store on lot 
 No — , Long Wharf, in the town of B., in accordance with the plans 
 and specification signed by the parties ; to provide all necessary 
 materials for constructing the same ; and the work to be done in a 
 faithful and workmanlike manner, within six months from the date 
 hereof. 
 
 In consideration whereof, the said A. B. agrees to pay to said C. 
 D. — dollars, as follows : [here state the sums and timesof payment.] 
 
 Witness our hands and seals this — day of — , 185-. 
 
 A. B. (l. s.) 
 
 Signed^ sealed and delivered in presence of C. D. (L. s.) 
 
 liTo. 3. 
 
 This Agreement, made this day of , one thousand 
 
 eight hundred and , between A. B., ot , merchant, and C. 
 
 D., of said , housebuilder — Witnesseth, 
 
 That in consideration of the mutual promises herein contained, 
 the parties hereto agree as follows : 
 
 Said D. will provide the materials for, forthwith commence, and 
 Ijuild without delay or intermission, except from necessities of 
 weather, a house for said B. on his lot in street, in , accord- 
 ing to plans and specifications, drawn by E. F., architect, to be 
 signed by the parties hereto ; and deliver said house, completely 
 finished in every respect, ready for occupation, to said B., on or 
 before the day of next. 
 
 No departures from the plans and specifications shall be made, 
 unless assented to in writing by said B. If any departures are 
 otherwise made, said B. may require said D. to take down the work, 
 and do it over again in the manner provided ; and if said D. shall 
 neglect or refuse so to do, said B. may have it done by other per- 
 sons at said D.'s expense. 
 
 Whereas, said B. is to employ a superintendent of the work, it is 
 expressly understood that he does so for his own convenience and 
 security, and that said B. is not to be affected or bound by any 
 act, agreement, admission, waiver, or acceptance by said superin- 
 tendent, express or implied. 
 
builders' specification. 17 
 
 Said B. may at any time require, in writing, alterations in said 
 plans and specifications, in which case said D. shall have reasonable 
 additional time for finishing said house, to be fixed by said P. ; and 
 if the alterations require a change in the price, such change of price, 
 if not specified in the writing, shall be left to the decision of said F. 
 
 If the work is not prosecuted in the manner set forth in this Con- 
 tract, as to either time, or quality, or manner of work, or materials, 
 said B. may dismiss said D. and employ other persons to complete 
 the house, and deduct from the amount contracted to be paid said 
 D., the expense thereof, and all damages caused by said D.'s de- 
 lault, and recover the surplus, if any, from said D. 
 
 And said B. agrees to pay said D. the sum of dollars, in 
 
 full for his work and materials, in instalments, as follows : 
 
 dollars when the frame of the house is erected ; dollars when 
 
 it is roofed and finished on the outside ; dollars when the house 
 
 is completed and ready for occupation; and the balance in three 
 months therefrom. 
 
 If said B. shall see fit to accept said house, or any part of the 
 work, with defects or departures from the Contract, without requir- 
 ing the same to be changed, he may still deduct any damage sus- 
 tained thereby. And it is also understood that said B.'s entering 
 into and occupying said house, shall not debar him from objections 
 to said D.'s performance of the Contract. 
 
 In witness whereof the parties have hereunto set their hands and 
 seals, the day and year first above written. ^_ g z^. s.) 
 
 Signed, sealed and deliveredin presence of C. D. (l.s.) 
 
 Specification for the Construction of a Cottage, 
 
 [Specifications for the construction of buildings are various. The following 
 is a Specification of Material and Labor for the construction of a frame 
 dwellmg-houscj built under contract for $1400.] 
 
 Drawings. — The drawings referred to herein are to be consid- 
 ered as illustrating and forming part of this Specification. 
 
 Dimensions. — Dimensions are to be taken from the figures upon 
 the drawings, or where they are wanting from measurements of the 
 drawing, upon the largest scale shown. 
 
 Outside Measure, 23 by 26; L 8 by 15. First floor to contain a 
 Parlor 12 by 15, Sitting-room 12 by ISJ, Kitchen lOJ by 124, Hall 
 Tjs feet wide. Second floor to contain three Chambers 12 by IS, 11 
 by 134, 104 by 9, and a Bed-room 74 by 8. The first story to be 9 
 feet high ; and the second story 8/eet 3 inches in the clear. 
 
 Excavation. — The ground line on the plans represents the height 
 of the earth at the completion of the work. Cellars to be dug 5 and 
 6 inches below the ground line, under such parts of the house as 
 may be agreed upon; the bottoms to be leveled, graveled and ram- 
 med. Trenches for walls to be dug at least 8 inches, with bottoms 
 even and hard. Superfluous earth, stone, and rubbish, accumulated 
 during the work, to be removed to such place as directed by the 
 owner or his agent not to exceed over 500 feet haul. Soil to be 
 
 BMA 2* 
 
18 BTJILDEKS' SPECIFICATION. 
 
 deposited by itself and replaced when the grounds are graded and 
 leveled, as agreed upon ; and the lot left in a neat condition. 
 mason's wokk. 
 
 Foundations. — The foundation walls to be of the dimensions 
 and thicknesses as shown in the plan, and built in such a po- 
 sition upon the lot as the owner may direct. Footing stones, firmly 
 laid, to extend through the wall. The walls, chimney and veranda 
 piers to be of hard, broken stone, solidly laid on flat surfaces, in lime 
 mortar, thoroughly bound, built plumb, neatly pointed where in 
 sight, and finished true and level at the top. Veranda piers to be 
 4 feet below surface. Cellar window frames to be built in, secure 
 and tight. Openings in the cellar walls, required for passages, to 
 be made with well laid jambs. 
 
 Chimneys. — The chimneys, of the sizes as shown on the plan, 
 are to start from stone foundations, and run up straight. The flues 
 to be laid smooth and pargeted. A sheet iron thimble with cover 
 to be inserted in each room. ■ All bricks to be of good quality, and 
 those used in top to be hard burnt and smooth. Wood is not to be 
 introduced into any part of the chimney. 
 
 Filling in, ^c. — The whole thickness of the walls 6 inches high 
 from the sills, to be filled in with brick or broken stones and mortar, 
 so as to exclude air and mice ; crevices under the sills to be well 
 pointed. 
 
 Lathing. — The plastered walls to be lathed with good pine laths 
 four feet in length, and each lath nailed with four nails ; heading 
 joints to alternate. 
 
 Plastering. — Inside walls, except in cellar, to be plastered and 
 finished with skim coat, the plastering to be made even and true 
 with the grounds, and to form a solid connection with the filling in 
 at the floor. 
 
 Whitewashing. — The cellar walls, framing, and floor above, to 
 be whitewashed with two coats. 
 
 Materials, Sfc. — Lime, sand and hair to be of good quality, well 
 mixed, and worked up, and the mason work to be done in a work- 
 manlike and thorough manner. No injury is to be done to the 
 woodwork by the mason or the persons he employs ; and all defects 
 must be repaired after the carpenter's work is done. 
 
 CARPENTERS WORK. 
 
 Frame. — The sills 4 by 6 to be laid firm, square and level on 
 foundation walls ; posts 4 by 5 to be tenoned Ij inches into the sills 
 and tenoned into the plate, and placed accurately ; tie beams 4 by 5 
 to be tenoned into the posts ; plates 4 by 4 halved at angles and pin- 
 ned ; braces 3 by 4 ; window and door posts 3 by 4 to be tenoned in ; 
 girders 4 by 6 will be placed where shown in the drawing ; floor 
 beams IJ by 8 for first tier to be level with the sills, and framed as 
 shown in the drawing ; those of the second tier of same size to rest 
 on the tie beams and on the central partitions, where they will lap 
 by, and be nailed to each other ; partitions to have 3 by 4 heads and 
 sills ; where one partition is directly under another, its head will 
 make the sill of the one above ; inside door posts 3 by 4 and studding 
 2 by 4 placed 16 inches on centres to be well nailed at top and 
 bottom ; outside studding 2 by 4 to be well nailed at top and bottom ; 
 
BiriLDEES SPECIFICATION. 19 
 
 rafters 2 by 5 placed not over 20 inches on centres and bridged if 
 required ; trimmers to be framed around the chimneys. The frame 
 is to be securely stayed to keep it true and plumb while unfinished. 
 All timber to be of Hemlock, sound, straight and true, and of the 
 sizes specified, and put together in a firm and workmanlike manner. 
 
 Roofs. — The roof to be covered with 1 inch Hemlock boards, of 
 uniform thickness, laid with close joints, and well nailed to the raft- 
 ers. Gutters are to be formed in wood, as shown on the section ; 
 placed and made to carry water where directed. Roof of main house 
 to be overlaid with best of Bangor sawed pine shingles, laid one-third 
 to the weather, in the best manner. Veranda roof to be covered 
 with cotton drill, closely tacked down, and immediately painted. 
 
 Boarding. — Outside walls to be covered with good Hemlock 
 boards of uniform thickness, overlaid with good sap clear pine clap- 
 boards, mill planed to even thickness. 
 
 Floors. — Double floors throughout the house, nailed with two 
 nails to each beam, and planed level and smooth. Veranda floors 
 li in. thick, narrow, sloped 1 inch to the outside, worked witli a 
 nosing, as shown in drawing, and laid in white lead. 
 
 Inside Trimmings. — Base boards as follows : in the first story 7 
 inches high and 1 inch thick, with moulding; in second story and 
 closets 5 inches high, plain. The casings of doors in closets to be 
 3 inches wide, plain ; all others as shown in drawing. Door jambs 
 2 inches thick and rebated. 
 
 Outside Trimmings. — All cornices, &c., to be like the drawings, 
 solid, and well secured. 
 
 Grounds to be provided to receive inside trimmings, and no 
 trimmings will be put in till the plastering has hardened. 
 
 Stairs — Cellar stairs to be provided with 1 inch risers and 1 
 inch treads ; main stairs same, supported on three carriages, to have 
 moulded nosings. 
 
 Doors — Inside doors on first floor to be 2 ft. 10 in. by 6 ft. 10 in. 
 and 1 J inches thick. Chamber doors 2 ft. 8 in. by 6 ft. 8 in and 1 J 
 inches thick. All to be four panneled with moulding. Front door 
 as shown in drawings. 
 
 Windows. — The frames of cellar windows to be 1^ inches jambs 
 and straight soffits, and 2 inch sills rebated to receive the sash, and 
 set close under the sills where directed ; the sashes to be hung 
 with bolts at the upper edge, provided with buttons to hold them 
 closed, and to have three lights; all others are to be like drawings — 
 double hung, with cords, pulleys and weights. • 
 
 Closets. — Closets to be finished with hanging strips and hooks as 
 required; and 60 feet ofplain shelving is to be placed where directed. 
 
 boor Sell. — A bell i^ to be hung in the kitchen connected with a 
 pull at the front door. 
 
 Materials. — All the lumber which is to show when finished is to 
 be of good, clear, sound, and well seasoned white pine, worked and 
 put up in a workmanlike manner. All hard ware and furnishings 
 needed to make the house complete, are to be fitted in a proper 
 manner. 
 
 HARD WARE. ' 
 
 The outside door to be hung with three pair of butts ; all others 
 with two pair each, of good manufacture and proper size. Hemp 
 
20 SPECIAL FOKMS. — TENDEES FOR WOKK. 
 
 cord of good quality, axle pulleys, weights of a size to balance the 
 sash and to run easily in the boxes, to be furnished for each win- 
 dow. The first story windows to have sash fastenings of a pattern 
 
 to be approved by the owner not to cost over dollars per dozen. 
 
 All doors to be titled with mortice locks and latches, halt each. 
 All door knobs to be dark mineral. All nails, spikes, screws, &c. 
 needed, to be of the proper size and best quality. 
 
 Leaders. There will be two 3 inch tin leaders connected with 
 
 the gutters, to be neatly and securely attached to the house, and 
 made tight; two 2 inch leaders will connect with the veranda gut- 
 ters at their junction with the house. 
 
 PAINTING, &c. 
 
 The sashes .to be glazed with first quality German window glass, 
 well bradded, puttied and back puttied. All outside wood work to 
 be primed as soon as put up. All the outside and inside wood work, 
 except inside floors, will be properly puttied, and painted two coats 
 of pure white lead and linseed oil, and colored as directed. 
 
 GENERAI. CLAUSES. 
 
 All the materials are to be furnished, and the work done, neces- 
 sary to complete the house, according to the drawings, though the 
 same may not be specially mentioned herein. The work and mate- 
 rials, not otherwise specified, are to be of the best qualities of their 
 several kinds. The contractor must guard against any injury to 
 trees or fences about the house ; he must not employ incompetent 
 or improper persons about the work ; and he is to remove all dirt and 
 rubbish from the premises, and deliver the same finished and in a 
 neat condition in every respect. 
 
 Alterations. — All alterations and deviations from this Specifica- 
 tion, and all additions to the same, are to be fully stated in writing 
 and appended hereto. 
 
 Tenders for Wurlc. Forms of. 
 TSo. 1. 
 Sir, — I hereby propose to execute the works required to be done 
 in the {erection, alteration, or enlargement, as the case may be,) 
 in conformity with, and to the true intent and meaning of the draw- 
 ings and specification of the same, for the sum of dollars. 
 
 Dated this day of , A. D. 185—. A. B. 
 
 Wo. 2. 
 
 SiK, — I have examined the specification and drawings of the 
 works intended to be done in the erection of (as the case may be) 
 
 situate, and being No. and hereby offer to execute the same 
 
 in a good and workmanlike manner, agreeable to the true intent and 
 meaning of the said specification and drawings, and to the satisfac- 
 tion of the architect, for the sum of . dollars. 
 
 Dated this day of ,185 — . CD. 
 
 Note.— See Laws relating to Division Fences, Parly Walls, Ancient 
 Lights, Highways, Private Ways, Running Water, Nuisances, Prescriptive 
 Rights, &c. Ill " The Landlord?! and Tenant's Assistant," pages 53 to 07. 
 
NOTICE TO BUILD. FOKM OF MARRIAGE. 21 
 
 Notice of intention to Build, and requesting Grade 
 of Street. 
 
 To the Hon. the Mayor and Aldermen of the City of , [or 
 
 Selectmen of the Town of ] 
 
 Gentlemen, — The undersigned hereby gives notice of his in- 
 tention to erect a building on Street, and respectfully requests 
 
 that the grade and line of said street may be given him ; with per- 
 mission to occupy such portion of the street in front of the premises, 
 as may be necessary for the deposit of building materials. 
 
 B , J 10, 1858. A. B. 
 
 Note. — See " Agreements of Charter Party," &c. in " The MercJuint's jls- 
 sistant and Common Carrier^s Guide." 
 
 MARRIAGE CONTRACT. 
 
 Persons authorized to perform this ceremony should, vifhen par- 
 ties present themselves before them for its performance, be satisfied 
 that they have a legal right to marry. 
 
 When performed by a minister, or priest, it should be according 
 to the forms and customs of the church to which he belongs. If by 
 a magistrate, no particular form is requisite. The following Form 
 may be used by either. 
 
 FORM OF MARRIAGE. 
 
 Tile justice, or minister, may say : 
 
 J. S., do you take M. B. to be your wife ? Do you promise to be 
 to her a kind and faithful husband, so long as you both live ? 
 
 To which the man answers, " I do ;" or otherwise assents. 
 
 The justice, or minister, may then address the woman ; 
 
 M. B., do you take J. S. to be your husband? Do you promise 
 to be to him a kind and faithful wife, so long as you both live .' 
 
 To which she answers, "I do;" or otherwise assents. 
 
 The justice, or minister, may then declare them lawfully married. 
 
 The minister, or magistrate performing the ceremony should as- 
 certain the christian and surnames of the parties, their ages, resi- 
 dences, and conditions, (whether single or widowed). These he 
 should enter in a book, and also the date of the marriage, his own 
 name, residence, and official station ; and a record or certificate of 
 the marriage should also be filed with the Clerk of the city or town, 
 in which the marriage is solemnized. 
 
 MARRIAGE CERTIFICATE. 
 Mr. John Smith of W. and Miss [Mrs.] Mary Brown of W., 
 were joined in marriage at B. by me, this tenth day of October, 
 185—. G. P., Justice of the Peace. 
 
 In Massachusetts, the Clergyman or Magistrate solemnizing the marriage 
 of ihe above described parlies,is requested lo fill out the Libove Cerlificale and 
 return a certified copy thereof, lo the Clerk or Registrar of the City or Town 
 in which it may have been solemnized, on or before the tenth day of the 
 following month, according to law. 
 
22 INDENTURE OF APPEENTICE. 
 
 APPRENTICE. Indenture OF. 
 
 Duplicate copies of tllis Indenture sliould be made, one for tlie master, 
 and the olher for the apprenlice, liis parent, or guardian. On the death of the 
 master the apprenticeship is dissolved. The master is liable for necessaries 
 furnished the apprentice, and also for medical attendance. If an apprentice 
 leave his master, without his consent, the master can maintain an action for 
 his earnings against the person who shall employ him, after demand. 
 
 If an apprenlice should be guilty of improper conduct, the master may, le- 
 gally, be discharged from the contract. The services of the apprentice can- 
 not be assigned ; nor, if his master leaves the state, is he obliged to go with him. 
 
 Form of Indenture of Apprentice. 
 
 This indenture, made this day of , in the year 
 
 185 — , by and between A. B., of , in the county of , ship 
 
 carpenter, and C. D.,of — , in the county of — , mason, witnesseth: 
 
 That the said A. B., in consideration of the covenants and agree- 
 ments of the said C. D., hereinafter set forth and described, and in 
 accordance with the consent and wishes of his son S., of the age o( 
 years, who hereby signifies his assent by subscribing this in- 
 denture, doth intrust, bind, and hereby indent the said S. to the 
 said C. D., to learn the art and trade of [here describe the particu- 
 lar trade or business] and with him, as an apprentice, to serve from 
 
 the day of the date of this indenture, until the day of , in 
 
 the year 185 — , at which time the said S. will arrive at the age of 
 twenty-one years. 
 
 And the said A. B., doth covenant with the said C. D., that for 
 and during the term aforesaid, the said S. shall well, truly and faith- 
 fully serve him, and shall give and devote to him his time an.d la- 
 bor ; that he shall not destroy or injiire the property of the sard C. 
 D., but shall endeavor to advance the interest and benefit of his 
 business, and shall conduct himself in a temperate, honest and in- 
 dustrious m.Tnner. 
 
 And the said C. D., doth hereby covenant with the said A. B., 
 that he will truly and faithfully instruct and teach the said S., in 
 the art and trade aforesaid, to the best of his knowledge and skill, 
 and as far and fast as the said S. may show himself disposed and 
 capable of learning the same ; that he will, during the term afore- 
 said, supply him with good and suitable food, lodging and clothing, 
 and all things necessary in sickness and in health, and teach him 
 habits of industry and good morals. 
 
 And the said C. D further covenants with the sajd A. B., that 
 he will pay to the said S. the following sums of money; for the first 
 
 year of his service, dollars; for the second year of his service, 
 
 — — dollars; and for every subsequent year till he shall aiTive at 
 
 the age ot twenty-one years, dollars, the said sums to he paid 
 
 annually on the tirst day of January. 
 
 And the said S. hereby signifies his assent to the terms and cov- 
 enants in this indenture, and promises to keep and perform the same 
 on his part. — In witness whereof, we have hereunto set our hands 
 and seals, on the day and year first above written. A. B. (l. s.) 
 
 C. D. (L. a.; 
 Ezecuttd in present of S. B. (l. s.) 
 
FORMS OF ASSIGNMENTS. 23 
 
 ASSIGNMENTS. 
 
 The assignment of an inslrumenl must be of as high a nature as the instru- 
 ment itself. A deed can be assigned only by a deed. 
 
 An assignment of real estate should be acknowledged and recorded 
 
 Assignments ot claims and debts, not negotiable, give the assignee no right to 
 
 bring suit in his own name, but he ma)^ sue in the name of the assignor 
 
 In general the assignee of a chose in action takes it subject to all the equity 
 which existed between the original parties. 
 
 No formality is necessary to effect the assignment of a chose in action. A 
 debt may be assigned by parol as well as by writing. When a debt secured 
 by mortgage is so assigned, and the mortgage-deed delivered to the assignee 
 
 he becomes invested with all the equitable rights of the mortgagee 2 Story^s 
 
 Equity^ 311. The mere delivery of a bond, covenant, note, account, or other 
 claim, for a valuable consideration is a valid assignment, if such delivery was 
 intended by the parties as a transfer. — 17 Johns. 284/ 13 Mass. 304. v 
 
 1. Assignment to he written on the hack of a 'Bond, Cove- 
 nant, Agreement, Bill of Sale, or other Instrument. 
 
 Know all men by these presewts. That I, the within 
 
 named A. B., in consideration of dollars to me paid by C. D., 
 
 of , do hereby assign to said C. D. the within written instru- 
 ment, and all my interest in the covenants and agreements therein 
 contained. 
 
 Th^folloTving Power of Attorney may be added if required: 
 [And I constitute the said CD. my attorney, irrevocable, with full power at his own 
 charge, in my name, to take all legal measures which may be necessary or proper, for the 
 recovery and enjoyment of the assigned premises, with power of substitution.] 
 
 Witness my hand and seal this day of , A. D. 185 — . 
 
 Executed in presence of A. B. (l. s.) 
 
 2. Assignment of a Lease, hy Indorsement. 
 
 Know all men by these presents. That I, A. B., with- 
 in named, in consideration of dollars, to me paid by C. D., of, 
 
 &c., do hereby grant and assign to C. D., the lease within written, 
 and all my estate and interest in and to the premises thereby de- 
 mised. To have and to hold the said premises to the said C. D., 
 for the residue of the term within mentioned, under the yearly rent 
 and covenants within reserved and contained, on my part and be- 
 half to be done, kept and performed. 
 
 Witness my hand and seal this day of , A. D. 185 — ; 
 
 Executed in presence of A. B. (l. s.) 
 
 3. Assignment, to he indorsed on the hack of Mortgage. 
 
 In consideration of dollars, tome paid by C. D. of , 
 
 I, the within named A. B., do hereby grant and assign to said C. 
 D. the within mortgage deed, the estate therein mentioned, and the 
 promissory note and debt thereby secui-ed ; subject, nevertheless, to 
 the conditions therein contained, and to redemption according to law. 
 
 Witness my hand and seal this day of , 185 — . 
 
 Inpresence of , A. B. (l. s.) 
 
 [To be acknowledged and recorded.] 
 
24 ASSIGNMENTS OF LEASE AND MOETGAGE. 
 
 4. Deed of Assignment of Mortgage. 
 
 KWOW ALL MEN BY THESE PRESENTS, That, I, A. B.^ the 
 
 mortgagee named in a certain mortgage deed given by E. F. tssaid 
 
 A. B. to secure the payment of dollars; dated , recorded 
 
 in Registry of Deeds, Lib. , Fol. , in consideration 
 
 of the sum of dollars, to me paid by CD., of , in the 
 
 county of , (the receipt of which is hereby acknowledged) do 
 
 hereby grant and assign unto the said C. D., his heirs and assigns, 
 the said mortgage deed, the estate therein mentioned,* and the 
 promissory note and debt thereby secured. 
 
 To have and to hold the same unto the said C. D., his heirs and 
 assigns, to his and their use and benetit forever, but without re- 
 course to me, or my heirs, executors, or administrators, in any 
 event whatever. 
 
 Witness my hand and seal, the day of , 185 — . 
 
 Executedin pre.^ence of A. B. (l. s.) 
 
 * Note.— If an executor or administrator assign a mortgage, insert aftei 
 the word " mentioned" " which the said A. B. had at the lime of his decease, 
 and which I have as executor aforesaid." 
 
 [To be Acknowledged and Recorded.] 
 
 5. Assignment of a Bond, where Assignor is liable. 
 
 For value received, I do assign and set over the within obligation 
 and all money due thereon, unto A. B., hereby guaranteeing the 
 payment thereof, in case of default being made by the within named 
 C. D. Witness my hand and seal, &c. 
 
 In presence of E. F. (l. s.) 
 
 6. Another, where the Assignor is not liable. 
 
 For value received, I do assign and set over the within obligation, 
 and all money due thereon, unto A. B., not holding myself liable 
 for the payment of the same; the losses, if any, and the recovery 
 thereof to be wholly at the risk of the said A. B. 
 
 Witness my hand and seal, &c. 
 In jiresence of E. F. (l. s.) 
 
 7. Short Form of an Assignment of a Bond or Bill. 
 
 For value received, I hereby assign all my right, title, claim, in- 
 terest, property, and demand whatsoever, in and to the within 
 bill, unto C. O. Witness my hand and seal, &c. 
 
 Inpresmceof _A., B. (l. s.) 
 
 8. Assignment written on the back of an Insurance Policy. 
 
 March 13th, 185— . For value received, I hereby assign alf" 
 my right and interest in the within PoUcy, to CD. 
 
 Approved, A . W., President. A. B. (l,, s.) 
 
 9. Assignment of Wages now Due, and to become Due. 
 
 . Know ALL MEN by these PRESENTs,That I, A B.,of , 
 
 in consideration of dollars, to me paid by C D. of— ,dd 
 
 hereby grant, sell and assign to said C. D. all claims and demands 
 
ASSIGNMENTS OF CLAIMS AGAINST DEBTOR. 25 
 
 which I now have, or which I may have against E. F.,of , [or, 
 
 the town, or city of ], on the first day of July next, for all 
 
 sums of money due, and to become due to me from said E. F., [or, 
 to become due to me for services in the Fire Department of the 
 
 town, or, city of ] ; with full power, in my name, at his own 
 
 costs, to collect, receive, discharge, or assign the same. 
 
 Witness my hand and seal, &c. 
 In presence iff A. B. (l. s.) 
 
 10. Assignment of all Claims against Debtor. 
 
 Know ALL mew by these presents. That I, (or we,) [here 
 
 insert the names of the subscribers,] of , in the county of , 
 
 and State of , in consideration of having received of E. F., of 
 
 , in the county of , and State of , Manufacturer, thirty 
 
 per cent, of all [my, or, our] claims against the said E. F., in said 
 , [which are not protected or secured by mortgage on the prop- 
 erty of the said E. F., or otherwise,] a schedule of which claims 
 
 belonging to is hereto annexed, marked [A,] do hereby sell, 
 
 transfer, and assign unto the said E. F., all right, title and interest 
 in and to said claims and demands against the said E. F., which are 
 enumerated and described in the said schedule. 
 
 In testimony whereof, we have hereunto set our hands, &c. 
 In presence of Signatures and Seals- 
 
 11. Assignment of Interest in Land for a Term of Years. 
 Know all men by these presents. That A. B., of , 
 
 in the county of , bookseller, in consideration of dollars to 
 
 him paid by S. H., of , mason, the receipt whereof is hereby 
 
 acknowledged, doth hereby sell and assign unto the said S. H., one 
 
 undivided third part of a certain dwelling house on street, in 
 
 said <^*with the land under and adjoining the same, and the 
 
 privileges ^nd appurtenances thereto belonging. The said dwelling 
 house being the same formerly owned by E. M. C , late of said 
 
 , deceased, and by his last will and testament devised to E. A. 
 
 and others ; the said premises being subject to certain leases to the 
 present tenants thereof. 
 
 To have and to hold, the above-granted premises to the said S. H. 
 his heirs, executors, administrators and assigns, for and during the 
 
 term of years, from the day of , eighteen hundred 
 
 and , if the said A. B. shall so long live. 
 
 And the said A. B. does hereby grant to the said S. H., full pow- 
 er and authority to receive the rents and profits of the above-granted 
 premises, and in his name or otherwise to give full discharge 
 therefor. In witness whereof, the said A. B. has hereto set, &c. 
 Signed, sealed and deli/veredinpresence of A. B. [l. 8.] 
 
 The above assignment may be made to obtain a loan , or to prevent attach- 
 ment, but in the latter case the consideration actually paid must be such as to 
 prevent a charge of fraud. 
 
 12. Assignment of Debtor for the Benefit of Creditors. 
 
 Know all men by these presents, That I, A. B., of , 
 
 in consideration of one dollar to me paid by E. F., of , and of 
 
 bma 3 
 
26 POKMS OF AWAKBS. 
 
 the trusts herein expressed, do hereby convey and assign to eaiH 
 E. F., all my estate, real and personal, excepting such parts thereoi! 
 as have been, or shall be left in ray hands, as being by law exempt- 
 ed from attachment: with all my deeds, books and papers relating 
 thereto, — a schedule of the principal part of which property is here- 
 to annexed. 
 
 To HAVE AWD TO HOLD, all the above granted premises to the 
 said E. F., his heirs and assigns, in trimt, to sell and dispose of said 
 property on such terms as he may think best for th« interest of alh 
 concerned ; and collect and convert into money all the debts and 
 demands, or so much thereof as may prove collectable ; and after 
 deducting from the proceeds of said property, the expenses incurred 
 by said E. F., in transacting the business, and a reasonable com- 
 pensation for his services, to divide and pay the residue of said pro- 
 ceeds among all the creditors of A. B., who shall- become parties 
 
 hereto within days from the date hereof, in equal proportion to> 
 
 their respective claims. 
 
 E. F., agrees to execute said trusts, beiBg responsible only for his 
 actual receipts, or wilful defaults.. And the creditors whose names 
 are subscribed, agree to said assignment, and that this instrument 
 shall be a release in full of all their claims, whenever their just 
 proportion of the proceeds of said property shall be paid. 
 
 Witness our hands and seals this day of , &c. 
 
 A. B. (L. s.) 
 Sxecutedin presence of E. F. (l. s.) &c. 
 
 [To be recorded when real estate is included.] 
 
 In some States no preference of one class of creditors over anotiieris al- 
 lowed ; in others, a debtor may legally prefer one or more creditors. 
 
 FORMS OP AWARDS. 
 
 Award, or arbitration, is an amicable, and generally expeditious an* 
 cheap method of adjusting controversies and litigations, when the parlies can 
 agree to submit the subjects in dispute to one or more persons chosen by them- 
 selves. Their agreement to submit is termed the submission. Except in mat- 
 ters of trifling importance, it should be in writing, and may be by bond, or by 
 a rule of Court. It should name the arbitrators, should define the subjects of 
 controversy, limit the time of making the award, and clearly slate all the 
 agreement of the parties. It may authorize two or more arhitrators to choose 
 another, or to choose an umpire in case of difference. If the submission does- 
 not otherwjse provide, all the arbitrators must be present at the hearing, and' 
 must agree to the award. If the submission be in writing, the award should' 
 also be m writing. The proceedings at the hearing, and the award iuelf, 
 should perfectly agree wiihthe terms of the submission The award should 
 be a clear, distinct and final determination of each and all the maUers of con- 
 troversy contained in the submission, and should embrace nothing more. 
 ,J: I ■" '■"l^ °f,*?°"''.'' " should be sealed up and returned to Court, other- 
 r™™„n'^S™'"°?i? be Siven to each party. Arbitration Bonds should be ia 
 common form. [See Bond of Arbitration, page 30.] 
 
 1. Award by Referees. 
 
 We, THE uwDERsiGNED rcferoes appointed by the withiu rulfr 
 
 of Court, [or, by a bond or agreement of submission-] dated the 
 
 day ot , having notified and met the parties, and heard their 
 
■FORHS OF AWABBS. 27 
 
 •several allegations, proofs, and arguments, and having duly consid- 
 ered the same, do award and determine, that the said A. B. shall 
 
 ■recover of the said E. F. dollars, [together with costs of Court, 
 
 •to be taxed by the Court,] and the costs of this reference, which 
 
 amount to dollars, and that the same shall be in full of all mat- 
 
 ters referred to us.* 
 
 Dated at this day of , A. D. 185—. 
 
 G. H.l 
 
 I. K. > Referees. 
 
 L. N.S 
 
 * Should Ihere be three referees and only two agree, then say " a major part 
 of the referees, appoinled by the "wilhin Agreement [see Agreement of Submis- 
 •sion at p. 14] of Sabmission, L. N. the other referee, who has not signed the 
 award, having beenpresent at the hearing" ; — and it should be signed, G. H., 
 1. K., a major part of the referees. 
 
 2. Award by Referees far Valuation of Land. 
 
 We the itwdersigned, appointed by the , to view and 
 
 assess -the damage sustained by the petitioners, A. B. and E. F. by 
 
 reason of do hereby report: That we have viewed the lots of 
 
 land taken up by the road mentioned in said petition, and do value 
 and adjudge the damage thereby occasioned, to the said A. B. at 
 
 the sum of dsllars, and to the said E. F. at the sum of 
 
 •dollars, respectively. Dated this day of ; A. D. 185 — . 
 
 J ■ ^ ■ f Referees. 
 
 3. Award hy Referees. 
 
 [Direction.] 
 
 To the Court of for the County of State of , \or. To 
 
 the Instirance Company and A. B.,of — , in the State of — ] ; 
 
 The within is the Award of D. E. F.,G. H. I. &. K. L., Referees 
 <o Assess the Loss or damage by fire on Mr. A. B.'s house, No. 1 
 
 street. 
 
 Agreement. 
 , ss, B , Nov. 3, 185 — . We the subscribers individu- 
 ally agree to open the within Award, and to abide by the decision 
 of it, the same as if opened in Court. 
 
 C. D., Pres't of Ins. Co. 
 
 Witness, A. B., Party Insured. 
 
 Award. 
 
 We the TjNDEReiGWED, Referees, appointed by the within 
 agreement of Submission, having notified and met the parlies, 
 and heard their several allegations, proofs and arguments, and duly ^ 
 (Considered the same, do award and determine, that the within 
 named A. B. shall recover of the said Fire [or Marine^ Insur- 
 ance Company, the sum of dollars, in full of all demands, un- 
 der the annexed Policy of Insurance, together with the costs of this 
 reference, which amount to dollars. 
 
 Dated at , and signed as in JSo. L 
 
28 BILLS OF SALE. 
 
 BILLS OF SALE. 
 
 A Bill of Sale is a contract, by which one person, for a valuable consider- 
 ation, transfers the right and interest which he has in goods or chattels. 
 
 Delivery must be accompanied by acceptance on the part of the purchaser; 
 BO, where one ordered several articles in a shop, some of which he marked 
 witha pencil, while others were measured in his presence, and in pursuance 
 of his directions were sent to his house, but he refused to receive them, it was 
 no sale. 4 M. & S 262. Delivery to an agent, or carrier, if with the purcha- 
 ser's consent, is sufficient. Earnest will also bind the bargain, but it must 
 consist of the giving away of something valuable ; and not a mere ceremony. 
 
 On a contract of sale of goods, the general rule is, that the delivery is to he at 
 the place where the vendor has the article j but in a contract to pay a debt at 
 another lime, in such articles, they must be delivered at the creditor's place 
 of residence, 2 Kent ^505, 5 ed. 
 
 It is a general rule that the employer will be bound by the warranty of his 
 elerk or shopman, if acting within the scope of his authority. 
 
 If the vendor of goods make any assertion respecting the kind, quality, or 
 condition of the article upon which he intends the vendee should rely as a fact, 
 and upon which he does rely, that is a warranty, (9 N. H. 111.) 
 
 Warranty must be upon the sale; if it be made after, it is void for want of 
 consideration 
 
 In some States a voluntary sale of goods, the seller retaining possession of 
 the ^oods after the sale, is evidence of fraud, in others only prima fade. 
 
 Where possession is to be retained by the seller, he should take a lease of 
 the goods from the buyer. 
 
 The reader will find the laws relating to Sales and Wakkanties given more 
 fully in" The Trader's Guide," pages 53 to 58. 
 
 Bill of Sale of Goods, under Seal. 
 
 Know all men by these presents, That I, A. B. ofG,, 
 in the county of G, in consideration of — dollars, to me paid by E. F. 
 of G,,do hereby grant, sell, and deliver to said E. F., the following 
 personal property, viz : [here insert a schedule of the articles] ; 
 warranted free of any incumbrance, and against any adverse claims. 
 
 Witness my hand and seal, this — day of — , 185 — . 
 Executed in presence of A. B. [l, s,] 
 
 A Bill of Sale by two Merchants, partners, to a third of 
 their whole interest in a Store, 
 llnsert in the above form the following description,] " All the 
 stock in trade, goods, wares, merchandise, book-accounts, notes, 
 bills, drafts, choses-in-actions, and other property of said firm." 
 
 Bill of Sale of a Horse, with Warranty. 
 
 Know all men by these presents. That I, A. B. of E,, 
 
 in the county of E., in consideration of dollars, to me paid by 
 
 C. D., of E,, do hereby sell and convey to said C. D. one dark bay 
 horse, with grey fore-fetlocks. 
 
 And I do hereby warrant said horse to be of the Black Hawk breed 
 of horses, eight years old, sound in every respect, free from vice, 
 well-broken, kind and gentle in single and in double harness, and 
 under the saddle, and to be free from incumbrance and against any 
 
 adverse claims. Witness my hand and seal, this day of &c. 
 
 Executed inpresence of J^^ JB^ r^^ g1 
 
LAWS EEGULAinNG BONDS. 29 
 
 Bill of Sale, not under Seal. 
 
 Boston, March 1, ^858. 
 Mkssks. F. W. Lincoln, Jr., & Co. 
 
 Bought of Isaac K. Butts & Co. 
 4 Law Libraries, .... 1 - a 2.00 8 00 
 
 ■2 Business Man's Law Cabinets, (enlarged) - a 2.25 4.50 
 
 10 ArtofSailnialfing, a .75 7.50 
 
 8 Merchant's, Shipmaster's and Mfechanic's Assistant, a 2.00 16.00 
 
 Charged in aect, $ 36.00 
 
 BONDS. 
 
 A Bond, or oblig-aCiMi, is a deed whereby Ihe obligor binds himself, his 
 ■heirs, executors, and administrators., to pay a certain sum of money to another, 
 at a day appointed, {Bla^kstone Com. ii. 340), or to perform some act. At com- 
 mon law a Bond is presumed to be paid after the lapse of twenty years. 
 
 If in a bond the obligor bind himself and hisAeirsto do anything whatsoever, 
 his heirs are bound ; therefore, if it is intended to bind the /leirs the term heirs 
 must be named in the bond, If a man covenant for himself onZy to pay money, 
 t)uild a house, or the like, and do not say In the covenant " his executors and 
 'administrators,^' yet his executors and administrators ore hound, and shall be 
 charged. Sheppard^s ToucltstonCj 177, 178, 369. 
 
 Executors and adTninistrators need not be named in any legal instrument; 
 they are bound by every covenant, unless it is such a covenant as is to be 
 performed personally by the covenanter, and there has been no breach before 
 his death. Cro. Eliz. S53. 
 
 A Bond without a Condition is called a single one-j but a Condition is gen- 
 erally added which makes the obligation void if the act be performed, other- 
 wise it remains in full force — In case this condition is not performed, the 
 Bond becomes forfeited, or absolute at law, and charges the obligor.— A pen- 
 alty fur non-fulfilment of the condition is annexed, in double the principal 
 -sum. — If a bond be sealed and delivered, though it bear no date, it is valid. — 
 If a bond be inlerlined, or w^ords are erased, in important parts, it w^ill render 
 it void. — Bonds and all penal obligations, in w^hatever form, to do an act for- 
 bidden by law, or to forego any privileges secured to a man by law, are void. 
 The same is true of agreements, or obligations to divide the profits or gains, 
 to be derived from illegal speculations or business. Thus a bond or note to 
 pay illegal interest, a sum of money won at gaming, or to commit a trespass 
 on the property, or an assaslt on the person of another is void ; as is likewise 
 an obligation not to plead usury, infancy or any other legal defence to a suit, 
 or not to prosecute a man for a crime, or for cheating, or taking an illegal ad- 
 vantage of another. 
 
 A bond requires no particular form, provided it distinctly set forth an obliga- 
 tion to pay money, or duty to be performed, and be sealed and delivered. 
 
 In a suit on a bond, jndgment may be rendered for the amount of the pen- 
 alty expressed, but execution will be issued only for the amount due in equity 
 and good conscience, the amount to be determined by the court, or on motion 
 of either party, by a jurj-. 
 
 The penalty named jn the Bond may be any sum that the parties ao:ree up- 
 on. It is usually double the amount mentioned in the obligation. It should 
 always be sufficient to cover the loss and damage that may arise from the non- 
 performance of the condition. In the following case the penalty, though double 
 the amount, did not prove sufficient — " A. B. was bound in a bond, lo convey 
 to C. D. on Ms paying a certain sum of money, a deed of a lot of laud. C. 
 D. proceeded to erect a building on the premises exceeding the amount of the 
 penalty, whereupon A. B. refused to convey, and paid the full amount of the 
 penalty in the bond." 
 
 BMA 3* 
 
30 FOEMS OF BOWDS. 
 
 General Form of Sand. 
 
 Know all men by these presents, That I, A. B. of G., 
 in the county of G., am held and firmly bound to C. D., of J,in the 
 
 county of J., in the sum of dollars, [this amount should be 
 
 double the sum named in the condition, to cover costs and contin- ■> 
 gencies] to be paid to said C. D. ; to which payment I bind myselt 
 and my heirs firmly by these presents, sealed with my seal. 
 
 Dated the day of , A. D. 185— . 
 
 The condition of this obligation is such, That if I, the said A. B. 
 
 shall pay to said C. D. the sum of dollars and interest, on or 
 
 before the day of 185 -, then this obligation shall be void, 
 
 Signed, sealed and delivered in presence of A. B. (l. s.) 
 
 ^Bond of Two Obligors. 
 
 Know all men by these presents, That we, A. B. and 
 E. F., of, &c., are held and firmly bound to G. H., of, &c., in the 
 sum of dollars, to be paid to said G.H. ; to the payment where- 
 of we jointly and severally bind ourselves and our respective heirs 
 firmly by these presents, sealed with our seals. 
 
 Dated the day of , A. D. 185—. 
 
 The condition of this obligation is. That if the said A. B. and 
 
 E. F., or either of them, shall pay to said G. H. dollars and 
 
 interest, on or before the day of 1857, then this obligation 
 
 shall be void. A. B. (l. s.) 
 
 Signed, sealed and delivered in presence of E. F. (l. s.) 
 
 Condition to pay Monet/ hy Instalments. 
 
 The condition of this obligation is, That if I, the said A. B., 
 shall pay to said E. F. one thousand dollars and interest, in manner 
 
 following, to wit : dollars and interest thereon on the first day 
 
 of June next; dollars and interest thereon on the first day of 
 
 December next; and dollars and interest thereon on the first 
 
 day of June, 185 — ; then this obligation shall be void. 
 
 Signed, sealed and delivered in presence of A. B. (l. s.) 
 
 Condition to Indemnify. 
 
 The condition of this obligation is. That if I, the said A. B., 
 shall indemnify said E. F, against all loss, cost, damage and expense 
 to which he may be subjected by reason of his signing a bond, (or 
 
 endorsing a note, &c., or paying the sum of dollars for ,) 
 
 at my request ; then this obligation shall be void. 
 
 Signed, sealed and delivered in presence of A. B. (l. s.) 
 
 Condition of a Bond of Arbitration. 
 
 The condition of this obligatiSn is such, That if said A. B. shall 
 perform and keep the award of E. F., G. H., and I. J., all ot — , or any 
 two oi them, arbitrators, mutually chosen to award, and determine 
 concerning [here state the dispute}, and all demands whatsoever, 
 depending by or between the said parties, so as the said award be 
 made in writmg, and ready to be delivered to the said parties, on or 
 before the day of next, then this obligation shall be void. 
 
 Signed, sealed and delivered in presence of A. B. (l. s.) 
 
 [A limilor Bond should be executed by each party to the other.] 
 
FORMS OF BONDS. 31 
 
 Condition of a Bond of Indemnity on paying Lost Note. 
 
 The condition of this obligation is. That whereas (he saidE. F., 
 on the 14th day of March lasl, by his note in writing by him signed, 
 of that date, for valae received, promised the said A. B. to pay him 
 
 or order, the sum of dollars in months from date ; which 
 
 said note is alleged to be lost out of his possession, and cannot be 
 found ; and whereas the said E. F. hath this day paid the said sum 
 according to the tenor thereof: Now, therefore, if the above bound 
 A. B. shall save the said E. F. his executors, administrators and as- 
 signs forever harmless, for having so paid said sum of money, and 
 from all liability under and by virtue of said note, and from all loss, 
 cost, damage and expense, that shall or may arise therefrom ; then 
 this obligation shall be void. 
 
 Signed, sealed and delivered in presejue of A. B. (l.. s.) 
 
 Condition of a Bond to Convey Land. 
 
 The condition of this obligation is such, that if said A. B., 
 
 I'pon the payment of dollars and interest, by said E. F., within 
 
 one year from this date, shall convey to said E. F. and his heirs for- 
 ever, a certain parcel of land, with the buildings thereon, situate in 
 L., bounded and described as follows: [here insert boundaries and 
 description] ; by a warranty deed in common form, duly executed 
 and acknowledged ; — the premises being then in as good condition 
 as they now are, necessary decay and deterioration excepted; then 
 this obligation shall be void. 
 Signed, sealed and delivered in presence of A. B. (l. s.) 
 
 Bond with two Sureties. 
 
 KlfOW AI.I. MEW BY THESE PRESENTS, That We A. B. aS 
 
 principal, and C. D., and E. F., as sureties, all of B — ■, in the county 
 of S — , are holden and stand firmly bound unto H. G., of said B — , 
 in the sum of dollars, to be paid to the said H. G. ; to the pay- 
 ment whereof we jointly and severally bind ourselves and our re- 
 spective heirs, firmly by these presents sealed with our seals. 
 Dated the day of , A. D. 18—. 
 
 The condition of this, Stc. 
 
 A. B. [l. s.] 
 
 C. D. [L. s.] 
 
 Signed, sealed and delivered in presence of E. F. [l. s,J 
 
 Bond of a Treasurer, or Trustee of an Association. 
 
 Know &c. [same as preceding bond] to be paid unto the said L. and 
 B., or their successors in office, or their certain attorneys. To 
 which payment well and truly to be made, we jointly and severally 
 bind ourselves, and our respeciive heirs, lirmly by these presents, 
 sealed with our seals, and dated the day of , 18 — . 
 
 The condition of this obligation is, That whereas the above 
 
 named A. B , has been chosen by an Association, known as , 
 
 Treasurer, [or, one of the Trustees] of said Association, by reason 
 whereof, and as such Treasurer [or, Trustee,] he will receive into 
 his hands and possession divers sums of money, goods and chattela 
 
32 LATV REGTTLATIN& COPARTNERSHIP. 
 
 and other things, the property of said Association ; and is bound to 
 keep true and accurate accounts of said property, and of his receipts 
 and disbursements for and on account of said Association. 
 
 Now, therefore, if the said A. B. shall well and truly perform all 
 and singular the duties of Treasurer [^or. Trustee] of said Associa- 
 tion, for and during his official term, and until he shall deliver all 
 the property which he may receive as such Treasurer [or, Trustee] 
 to his successor in said office, or to such other person as the said 
 Association or its authorized officers may direct, according to the 
 provisions of the Constitution, By-Laws, Euies and Regulations of 
 said Association now existing, or which may be by said Association 
 adopted ; then this obligation shall be void. 
 Inpresence of Signatures and Seals as in preceding Bond. 
 
 Note. — See Bottomry, Respondentia, and "Warehouse Bonds, Custom- 
 House Power of Attorney, and many other valuable Forms, in " The Mer- 
 chant's Assistant and Common Carrier's and Insurer's Crnide," 
 
 LAWS REGULATING COPARTNERSHIP. 
 
 [See Forms for Special Partners, and tlie Laws relating to the Duties and 
 Liabilities of both General and Special Partners more fully stated in " Se- 
 quel to the Business Man's Law Library: — Conveyancers'^ Executors'^ Ad- 
 ministrators'^ and Copartners' Guide.''''\ 
 
 Any two or more persons may enter into a contract to become partners 
 in any business, where each contributes something of value to the busi- 
 ness, whether of money, labor, skill or credit; and is entitled to part of the 
 profits and subjected to a portion of the loss. 
 
 Partnerships may be general or special. General partnerships extend 
 to the whole of the mutual dealings of the parties. Special partnerships 
 are formed for a particular concern, or for a single dealing or adventure. 
 
 As to the control of partners over the partnership property, it depends 
 on the articles of copartnership. The various provisions relating to the 
 manner in which the partnership business is to be conducted, the space of 
 time it is to endure, the capital each is to bring into the trade, the propor- 
 tions in which the profits and loss are to be divided, the mode agreed on for 
 settling the accounts, together with the various covenants adapted to each 
 particular case, are entirely the subject of personal and private agreement. 
 
 Each member of the firm becomes responsible for the acts and contracts 
 of his copartners, in the*way of sale, purchase, promise, pledge, loan, guar- 
 antee, or agreement, where performed in the course of the partnership 
 concern. For the same reason, if a partner draws, accepts, or endorses a 
 bill or note, he thereby renders his firm liable. So, one partner may re- 
 lease actions, debts, &c. But this liability may be avoided, as where 
 there is collusion between the party with whom the sale, purchase, &c. 
 and the contracting partner takes place ; or where one of the firm dis- 
 claims all liability, and gives notice to the party with whom the partner is 
 about to contract; or, where the party taking the partnership security is 
 aware that it is not given in behalf of the partnership transactions. 
 
 A man becomes a partner by allowing the world in general to presume 
 that he is one ; as, by having his name on the sign of a shop, or in the bills 
 of parcels, invoices, &c. Persons agreeing for a share, or specific interest, 
 in the profits as a remuneration of labor, generally involve themselves in 
 the liability of a partner. But not if they receive a given sum for their labor, 
 which is in proportion to a given quantum of the profits. 
 
 In Massachusetts, New York, and many of tlie States, acts have been 
 passed providing for limited partnerships, by virtue of which a person, or 
 persons, may become interested in a business, by furnishing funds to carry 
 
AGREEMENT OF COPARTNERSHIP. 33 
 
 it on, and are not liable for the debts of the firm beyond the amount of the 
 fund so contributed. In the limited partnership ibe general partners are 
 only allowed to conduct the business, and use their own names. Special 
 partners have no riffhtto interfere; but they may advise as to its manage- 
 ment, &c. The notice of the partnership must be published in some news- 
 paper, and be recorded. 
 
 A dissolution of partnership may take place under express stipulation 
 in the articles, by mutual consent, by the death or insanity of one of the 
 Brm, bv award of arbitrators, or by a court of equity in cases of miBcon- 
 duct o^sorae member of the firm. 
 
 Agreement of Copartnership. 
 
 Articles of Agreement made the day of , A. D. 
 
 one thousand eight hundred and fifty , between J. D. of „ 
 
 of the one part, and R. R., oi , of the other part. 
 
 The said J. D. and R. R. have agreed, and by these presents do 
 
 agree, to become copartners together in the art or trade ot , and 
 
 do hereby promise to be governed by the following articles, namely : 
 
 First, The said business shall be carried on under the name ol 
 D. and R. 
 
 Second. Each of said partners shall furnish in cash a capital oi 
 
 dollars, of which the sum of dollars shall be advanced by 
 
 each partner immediately, and the remainder by three equal month- 
 ly instalments of dollars. 
 
 Third. Each of said parties shall give his personal attention and 
 devote his time, during reasonable hours of business, wholly to the 
 nterests of the firm, and shall use his best skill, judgment and dis- 
 cretion in promoting the profits of the business ; and during the 
 continuance of this agreement neither of said partners shall engage 
 in any speculations on his own separate account, to, or be in any way 
 interested in any other business than that of the copartnership 
 hereby established. 
 
 Fourth. The accounts of the said parties shall be kept in regu- 
 lar hooks, by double entry, [or single entry,] so long as either party 
 shall desire it, and every transaction shall be duly entered, and the 
 said books shall at all times he open to the inspection and free use 
 of either party. 
 
 Fifth. Neither of said parties shall assume any pecuniary lia- 
 bility, either in his own name or that of the firm, for the accommo- 
 dation of any other person without tlie written consent of the 
 other party. 
 
 Sixth. All purchases of goods exceeding the value of dol- 
 lars, shall be the subject of consultation and mutual agreement by 
 the partners. 
 
 Seventh. Neither party shall withdraw from the business of the 
 concern more than his share of the profits, which may have accrued, 
 nor more than dollars monthly. 
 
 Eighth. An account of the joint stock and the joint liabilities 
 shall be taken at the expiration of each year from the date of this 
 instrument, and at any other time when either of the parties shall 
 in writing request it. 
 
 JVinth. This copartnership shall continue for the term of five 
 years from this date, subject, however, to he terminated by the 
 death of either partner, or the mutual agreement of the parties, or 
 a violation of either of the foregoiiig agreements. 
 
34 DISSOLUTION OF COPARTNERSHIP, 
 
 Tenth. The division of the profits or losses in the business shall 
 be equal.* 
 
 Eleventh. For the purpose of securing the performance of the 
 aforesaid agreements, it is agreed that either party, in case of any 
 violation of them, or either of them, by the other, shall have the right 
 to dissolve the copartnership forthwith; and, if the fact of such vi- 
 olation having taken place, be disputed by the party accused, it 
 shall be left to the decision of three disinterested persons, of whom 
 each party is to choose one person, and these two a third one, and 
 the decision of the majority of these three shall be conclusive. 
 
 In witness whereof, we have hereunto interchangeably set our 
 hands and seals the day and year first above written. 
 
 J. D. [L. s.] 
 
 Execvied in presence of R , R. [l. s.j 
 
 Substitute Jot the Second and Tenth .Articles. — Second. The said J. D. 
 shall invest in the business aforesaid, a capital of five thousand dollars, 
 to be advanced immediately, and the oaid R. R. a capital of three thousand 
 dollars, in three equal monthly instalments, the first of which shall be advanced 
 within ten days from the date of this instrument. 
 
 Tenth. — Any lossea which at the dissolution of the partnership may be found to 
 have accrued, shall be shared in proportion to the capital invested by the said pat- 
 ties respectively. And whereas the said R. R. has been for many years engaged in 
 the business aforesaid, and the said J. D. has had no experience, the following rule 
 shall be adopted for the division of the profits which may be made, to wit: — 
 
 To the capital stock of the said R. R. shall be added the sum of ten thou- 
 sand dollars, and to the capital stock of the said J. D. shall he added the sum 
 ofsix thousand dollars, the said sums thue added being the respective amount, 
 which at a profit of fifteen per cent, per aonum, would produce the estimated 
 value of their personal services, and the profits which may accrue in thebuBiness 
 shall be shared in the proportion of the aggregates of the sums produced by the 
 aforesaid additions xaspectively. 
 
 Agreement to continue the Copartnership : — to be endorsed on 
 the back of the Articles. 
 
 It IS AGREED, That the partnership which has expired this day [or, 
 mention the day when it will expire,] by limitation, contained in the 
 within written articles, shall be continued on the same terms, for the 
 
 further term of years from this date, [or from the — day of — next] 
 
 with all the provisions and restrictions herein contained. 
 
 In witness whereof, we have hereto set our hands, &.c. 
 
 EiXecuted in presence of 
 
 J. D. (L. s.) 
 R. R. (t. s.) 
 
 " Dissolution of Copartnership. 
 
 Whereas by articles of agreement made the day of A. D. 
 
 one thousand eight hundred and , betwfeen A. B. and C. D. both of 
 
 the city of , the said A. B. and C. D. did enter into partnership, for the 
 
 purpose of carrymg on the trade of , for the term of years, and 
 
 wliereas the said C. D. has proposed to A. B. a dissolution of the partner- 
 ship, to which proposition A. B. has assented; the paities therefore 
 mutually agree that the partnership heretofore existing between them be 
 this day dissolved, and it is accordingly dissolved. And it is further 
 
 J.'i:„'"lTl'« l'°°„°''l°°^"'°°"^'''• ^^r^^ '"^ published immediately after it takM 
 |^ace,anda8,.ecml notiee sentto th«,e who have dealings with the comnmf. 
 
COMPOSITION WITH CREDITORS. 35 
 
 stipulated and agreed mutually between them, that the said A. B, shall 
 
 lake the entire stock of ,now on hand belonging to the partnership, 
 
 at a valuation to be set upon the same, by two skilful persons mutually 
 appointed to value the same, and that the said A. B. also have power 
 to collect the debts now due to the partnership, and recover the same, or 
 any part of the same, in the name of the firm, by suits at law or in equi- 
 ty ; and that finally the said A. B. do pay over to the said C. D. the fulf 
 share and proportion of stock and profits which shall appear to be dus 
 
 to the said C. D. in months from the date hereof, &c. 
 
 Witness our hands aod seals, &c. 
 
 A. B. (L. ».y 
 
 C. D. (l. 9.) 
 
 Executed in presence of 
 
 JVotice of Dissolution of Partnership. 
 Notice is hereby given, that the partnership lately subsisting between A. 
 
 B. and C. D. of , under the firm of B. &, D. expired on the day 
 
 of , [or, was dissolved on the — day of — , by mutual consent.] 
 
 A. B. is authorized to settle all debts due to and by the company. 
 
 A. B. 
 C. D. 
 
 COMPOSITION WITH CREDITORS. 
 
 We the undersigned, creditors of A. B. of , in consideration of 
 
 One Dollar, and omer good and suiBcient considerations, to us several- 
 ly paid by said B., (the receipt whereof is hereby acknowledged,) do 
 severally promise and agree with said Bi, that we will receive in full 
 satisfaction and discbarge of our respective claims against him, the amount 
 
 of per cent, thereof, in promissory notes for our respective per cent- 
 
 ag'es, payable on demand in three equal instalments, m three, six, and 
 nine months from this date: — said notes to be dated this day, (and 
 secured by a^ood endorser.) 
 
 Provided, Siat such notes endorsed as aforesaid, shall be tendered or 
 delivered to us respectively within days from this date. 
 
 In testimony whereof, we have hereunto set our hands and seals, this 
 day of , A. D. eighteen hundred and fifty , 
 
 AMOUNTS. j I NAMES OF CREDITORS. j SEALS. 
 
 Composition with Creditors ^ (another.) 
 
 This Agreement of two parts, made and concluded this day of 
 
 in the year eighteen hundred and fifty, by and between John Doe 
 
 and Richard Roe. of , merchants, and copartners under the name and 
 
 style of Doe & Roe, and John Stock, of , in the county of , 
 
 merchant, of the first part, and H. G., and the other persons, copartners and 
 corporations, whose names are in the schedule hereto annexed, (being 
 creditors of the said firm of D & RJ of the second part, — Witkesseth, 
 
 Thatj Whereas, the said ffl-m of Doe & Roe eire indebted to the parties 
 of the second part in divers sums of money, which they are unable punc* 
 tually to pay and discharge, and have transferred and conveyed their pro- 
 perty to the said John Stock in Irast, for the benefit of the creditors' of 
 the said firm, — 
 
 Now, therefore, in consideration of the premises, and of the discharge 
 from all their debts hereinafter set forth and granted to the said firm of 
 D, &cK. bv their said creditors, the said D. & R. do hereby covenant and 
 
36 CAUTIONS IN SELLING AND BUYING ESTATES. 
 
 agree, lO and with their several and respective creditors, that they will give 
 to each and every of them their promissory notes, bearing date the tenth 
 day of October, A. D., 1850, payable to the order of themselves and by 
 themselves respectively endorsed, and subsequently endorsed by the said 
 John Stock, payable m equal sums in six, nine, and twelve months, 
 with interest, for fifty per centum of the amount which shall be found to 
 be due on .ill their bills and notes payable to each and every of said 
 creditors. All notes and accounts to be made equal to cash on the tenth 
 day of October as aforesaid. 
 
 And the said John Stock hereby covenants and agrees to and with the 
 several and respective creditors of said D. & R., that he will endorse 
 the several and respective promissory notes of said D. & R, for fifty 
 per centum of the amounts found to be due and payable as aforesaid. 
 
 And the said H. G. and others, creditors of the said firm of D. & R., for 
 themselves &- their representatives, hereby agree to accept the promissory 
 notes of said firm, signed and endorsed as is hereinbefore set forth, in full 
 satisfaction and discharge of the several amounts now due and payable 
 from the said firm to them, and hereafter to become due, the same being 
 now contracted.* 
 
 And it is further mutually agreed by all the parties hereto, that nothing 
 herein contained shall be considered of any force, or binding in anyway, 
 on any of the parties who shall sign this instrument, unless all the per- 
 sons, copartners, and corporations, creditors of said D. & R. shall be- 
 come parties hereto, within days from the date hereof. 
 
 In witness whereof, the said several parties have hereto set their hands 
 and seals, the day and year first above written. 
 In presence of witnesses to the signatures of 
 
 J. S. (i. s.) 
 
 J. D. (i.. s.) 
 
 R. R. (L. s.) 
 
 H. G., and others, (l. s.) 
 
 • It is however mutually agreed and understood by all the parties here- 
 to, thai instead of the promissory' notes of said firm of D. & R., endorsed as 
 aforesaid,- the said several creditors, may, if tliey elect, require, and the 
 said firm .shall give, on being notified of such election, the promissory notes 
 ofsaid firm, bearing date as aforesaid, payable in nine, twelve, and fifteen 
 months with interest, for sixty per centum of the amount found to be due to 
 each ofsaid creditors on the tenth of October, A. D. 1850. All debts ofsaid 
 Doe & Roe, whether due and payable, or otherwise, to be made as cash oe 
 that day. Said notes, when received by any creditor to be in full salisfaction 
 and discharge of the present obligations. [To be inserted in the text if 
 
 deemed expedient.] 
 
 LAWS REGULATING THE SALE OF REAL ESTATE. 
 
 An using printed Forms of Deed^, Mortgages, Leases, ^e., they should le exam- 
 ined, and the legal effect of every word and covenant well understood . 
 tain'!'M-f."„?"' °l^°"i '' '=''".^'' *^ Premises, or Description, and con- 
 
 .ol^::::L%rCZrds '"^ ^"'^"''-- in'whici;:7pe^a,l the 
 
 anj^othi'r[n'cuitt:rsre.;t.^rh"rn"fhe li^r^F'^^^^' -; 
 
 shoulde.e.,ahe"a/o..ai.™o.^.J,J'i,i»Ji';,P;— ^ 
 
LAWS KEGTJLATING CONVEYANCES. 37 
 
 The conclusion of the Deed consists of the Date and Attestation ; and 
 here is the proper place under the words signed, sealed, &c.. directly 
 before the names of the witnesses, to note (before sig-ningj all erasures 
 and interlineations, which nave occurred in the Deed. 
 
 If the estate is granted for a term of years, the habendum will read — 
 " To liave and to hold the above granted premises to the said C. D., his 
 
 heirs and assigns, for and during the term of years, from the • 
 
 day of , A. D. 185 — ." — If for the life of the grantee say "for and 
 
 during the natural life of tlie said C. D," 
 
 A party who contracts to execute and deliver a deed, is bound to pre- 
 pare it, if there is no stipulation that it shall be prepared by the grantee. 
 
 In the construction of every instrument granting, or conveying, or au- 
 thorizing the creation or conveyance of, any estate or interest in lands, it 
 is the duty of Courts of Justice to carry into effect the intent of the 
 parties, so far as such intent can be collected from the whole instrument, 
 and is consistent with the rules of Law. — N. Y. R. S. 
 
 In the construction of Deeds the courts have adopted the rule, that 
 " where the intention of tte parties can be discovered, they will carry that 
 intention into effect, if it can be done consistently with the rules of law." 
 
 1 Mass. Rep. 226. A palpable omission, or mistake, of a word will 
 
 not defeat the intentions of the parties, — and matter will sometimes be 
 implied, where the intention evidently requires it. 
 
 Executors or Administrators need not be mentioned in any legal in- 
 strument. They may avail themselves of any contract made with the 
 deceased, whether they are named or not. Shep. Touchstone, 178. 
 
 Hdrs are bound if they are named. Assignees usually need not be. 
 
 Validity of the Title. — The most direct way for the purchaser to as- 
 certain the validity of the title of an estate is, to engage an Attorney, 
 or other competent person, to examine the Records. He should also as- 
 certain by personal examination, if there exists any incumbrance, by attach- 
 ment, grant, prescription, or necessity, { not on record,) such as a right of 
 way, drain, ancient lights, fence, privy, pump, door, overhanging eaves, 
 trees, water-course, nuisance, 8^c. J ox if the ta^es and assessments have 
 been paid, or the estate been sold for the taxes; or he may discover, when 
 too late, that he is deprived of light, water, air, or other valuable privilego 5 
 and the warranty may prove utterly worthless, by the insolvency or re- 
 moval of the grantor. So the seller,who gives a warranty, should bene less 
 diligent in his inquiries, or he may be compelled to pay damages, which a 
 little care and foresight would have prevented. Be sure that tne wifejoins 
 in the deed, releasing her right to dower, and [homestead in some cases.] 
 
 If an estate is described by reference to a former Deed, or Plan, Jhe 
 instrument so referred to should be on record, and the book and page of 
 the record be stated. 
 
 Boundaries. — Where land is described by " metes and bounds " and as 
 containing a certain number of acres, or feet, the description by metes 
 and bounds controls the quantity. If described as bounded by a river 
 or creek, the line runs through- the middle of the same. [Many water 
 rights have been lost by disreg^arding this.] 
 
 If a river be navigable it constitutes a highway, authority over which 
 is vested in the State. 
 
 Land includes every thing of a permanent nature, and comprises all 
 things upon the surface and attached to the soil of the earth. Compre- 
 hending, therefore, in its legal signification any ground, soil, or earth what- 
 soever, as arable, meadows, pastures, water, woods, moors, marshes, &c. 
 It legally includeth castles, nouses, and other buildings, for they consist 
 BMA 4 
 
^ LAWS ET;GULATING eONTEYANCESi 
 
 of two things, — land which is the foundation and the structure thereupon^ 
 consequently a conveyance of land will pass all that is upon the surface. 
 
 The words " and all buildings thereon," in a deed have no legal ope- 
 ration. 4 Mass. 110. 
 
 Mortgage of Estate — If the purchaser intends to assume the payment 
 of the mortgage, add, after the description, the following : — " And said 
 premises are hereby conveyed subject to a mortgage given by me to E. F., 
 
 to secure the payment of dollars, dated July 1, 1850, recorded Beob 
 
 600, foh200j — which principal sum, [or so much thereof as remains un- 
 paid,] together with the interest thereon accrued, said grantee is to assume 
 and pay as part of the consideration of this deed, and forever save me 
 and my heirs harmless from all loss, cost, trouble, aitd damage arising 
 therefrom." [The usual condition " that the purchaser shall assame and 
 pay outstanding mortgages" is not correct.] 
 
 J^a Right of Way is granted, say, at the close of the description,— 
 " together with the right of passing and repassing on, over, through, 
 (state the location) and using the same as a pu^ic for private] way for- 
 ever." If aright of way is reserved'to the grantor, add, "excepting and 
 reserving to the said B. his heirs, and'assigns, the right of passing, &c." 
 
 Restrictions-. — If the purchaser covenants to build his house after a cer- 
 tain style, and place it a certain number of feet back from the street or 
 highway, or agrees to any other restrictions, he should bind the seller in> 
 similar restrictions, in regard to the sale of contiguous lots. 
 
 Where the estate is drained by a marsh, the purchaser should require of 
 the seller that the drain be kept open and free forever ; or the marsh may 
 be filled up and the drain declared a nuisance. 
 
 If the estate is held by a wife in her own right (by conveyance, devise,, 
 or bequest,) and the husband sell the same, and she relinquish her righf 
 of dower, it does not pass the estate. The sale is void. 
 
 Penalty for non-performance of Contract. — Every agreement for the 
 sale of real estate must be in writing. Where there is a penalty annexed' 
 for the non-performance of the agreement, the party failing to perform^ 
 will not be liable for the whole amount of the penally, bat only for the 
 actual damages sustained; and this will be true, even if the sum is de- 
 clared to be not a penalty, but liquidated damages, unless: 1st. Where 
 the damages are uncertain, and are not capable of being ascertained by 
 any satisfactory and known rule. 2d. Where it is apparent, that the dam- 
 ages have already been the subject of actual and fair calculation and ad- 
 justment between the parties ; in which two cases, the party may recover 
 the^mount thus agreed upon in the instrument, as liquidated damaees — 
 Greenleafs Evidences. 
 
 A. deed takes effect by the delivery, and it is not material whether- the 
 delivery is before or after the date. No parlieular form is necessary for 
 the delivery of a deed. Any act is sufficient, iroich indicates an intention, 
 to put It m possession of the grantee. 
 
 In many of the States two witnesses are required to a Deed, in some 
 one, and in a few none, bo in some States the law requires that a deed 
 be sealed,, n others a scrawl,or circleof ink at theend ofeach name.issnf^ 
 ficient, and m a few neither seal nor scrawl is required. It is always-safe 
 to have deeds sealed, and witnessed by two subscribing witnesses 
 
 HofrlZt.Tcordef^''' ^""''' ^"'--'^' Ackno^ledgedi Ve- 
 
 is 'of no^'etct.' Tst ck! ^'."""' '""'"^ "^^^^ acknowledged,, the record 
 
<Sra.T-CLAIM DEEDS. 39 
 
 DEEDS. 
 
 • 1. Quit-Claim Deed. 
 
 Know Ati. mew by these presents, That I, A. B., of , 
 
 ia the couuty of , and State of , merchant, in consideration 
 
 «)f dollars to me paid by C. D., of , in the county of , 
 
 iand State of , farmer, the receipt whereof is hereby aclinowl- 
 
 «df;ed, do hereby grant, remise, release, and forever quit claim 
 
 ^nto the said C. D., his heirs and assigns, all lot — of 
 
 'land in said B., being lot — numbered on G. H's plan, dated 
 
 , a lithograph copy of which is hereto annexed, bounded [here 
 
 ^tate how bounded], with all the rights, easements, privileges, 
 and appurtenances thereto belonging. [1] 
 
 To have and to hold the above released premises to the said C. D., 
 his heirs aad assigns, to his and their use and behoof forever. 
 
 And I, the s,aid A. B., for myself and my heirs, executors and 
 .administrators, do covenant with the said C. D., his heirs and as- 
 signs, that the premises are free from all incumbrances made or suf- 
 fered by me; [2] and that I will, and my heirs, executors and ad- 
 jninistrators shall, warrant and defend the same to the said C. D., 
 his heirs and assigns forever, against the lawful cljiims and demands 
 of all persons claiming by, through, or under me, but against none 
 other, pj 
 
 In witness whereof, I, the said A. B. [being unmarried] have 
 liereunto set my hand and seal, this — day of — , in the year of our 
 Lord one thousand eight hundred and fifty — . 
 Signed,sealed and deliveredinpre3ence of v^' ^v 
 
 Note. If the grantor be married there should be a release of dower [and 
 homestead.] See last paragraph of No. 3. 
 
 [1] Here insert the exceptions, restrictions, &c., if there be any, as follows : 
 C. Street and N. Place, as laid down on said Plan, are to he deemed public 
 highways, and as such maybe used freely by the grantee, and his heirs and 
 assigns, and by the public geoerally ; but until the same are legally accepted 
 as highways, they are to be kept in good repair by the abutters — each abutter 
 payinghis just proportion of the wht^e expense. 
 
 The premises are however conveyed subject to the following restrictions, 
 which are to remain in force till January 1, 1375, and no longer. 
 
 ;[2] If restrictions have been staled, here insert ^ except as of oresaid.^ 
 
 [3] If there are restrictions, here insert ^except those claiming under said re. 
 etrictions,^ or ' right of way,' or ' right of entry, abatement and removal,' &c. &c. 
 
 2. Quit-Claim Deed, hy Trustee. 
 
 Know all men by these presents. That I, H. P., of 
 
 , in the county of , and State of , gentleman, as I am 
 
 trustee for G. H. and others, under an Indenture of two parts, dated, 
 
 , 18 — , in virtue and in execution of the power and authority 
 
 an me vested in and by said Indenture, and any and all other pow- 
 ers me hereto enabling, and ia consideration of, [o/ter which pro- 
 ■ceed as inJVo. 1, to the close of the third paragraph.] 
 
 In witness whereof, I the said H. P., trustee as aforesaid, [being 
 
 unmarried,] have hereunto set my hand and seal this day of 
 
 , in the year of our Lord eighteen hundred and lifty — . 
 
 H. P. (l. 3.) 
 Signed^ setded and delivered in presence of 
 
40 -WAEKANTY DEED. 
 
 3. Warrantt/ Deed. 
 
 Know all men by these presents, ThaJ I, A. B., of 
 
 , in the county of , and Slate of , merchant, in con- 
 
 sideiation of dollars to me paid by C. D., of , in the county 
 
 of , and State of , farmer, the receipt whereof is hereby 
 
 acknowledged, do hereby give, grant, bargain, sell and convey, 
 unto the said C. D., his heirs and assigns, a certain parcel of land, 
 situate in , in said county, bounded and described as fol- 
 lows : [Here insert description and boundaries]. [See descrip- 
 tion in note at foot of page] with all the privileges and appurtenan- 
 ces thereto belonging. [1] 
 
 To have and to hold the aforegranted premises, to the said C. D., 
 his heirs and assigns, to his and their use and behoof foiever. 
 
 And I, the said A. B , tor myself and my heirs, executors, and ad- 
 ministrators, do covenant with the said C. D,, his heirs and assigns, 
 that I am lawfully seized in fee simple of the aforegranted premi- 
 ses, that they are free from all incumbrances [2] ; that I have good 
 right to sell and convey the same to the said C. D., his heirs and 
 assigns forever, [3] as aforesaid ; and that I will, and my heirs, ex- 
 ecutors, and administrators shall, warrant and defend the same 
 to the said C. D., his heirs and assigns forever, against the iawiul 
 claims and demands of all persons. 
 
 In witness whereof, I, the said A. B., and Mary my wife, in 
 token of her release of all right of dower and homestead (^as the case 
 may be) in the granted premises, have hereunto set our hands and 
 seals this day of , in the year of our Lord eighteen hun- 
 dred and fifty-eight. 
 
 A. B. [L. 3.] 
 
 M. B. [L. s.] 
 
 Signed, sealed and delivered inpresence of 
 
 [1] Here insert exceptions, liens, Sfc., if there be any, as follows : — [The 
 premises are however conveyed subject to a, or, these &c.] [See pp. 3G--38.] 
 
 [2j If incumbrances have been set forth in the premises, here say— [except 
 as aforesaid ;] 
 
 [3] If incumbrances have been stated, here insert the word [subject] 
 
 !D~ See " SEQUEL TO THE BUSINESS MAN'S LAW LIBRARY" 
 for Directions and Forms for the Execution and Acknow^ledgment of Deeds 
 in all the States of the Union — being the Conveyancers' Assistant, Execu- 
 tors', Administrators', and Copartners' Guide. 
 
 Description and Boundaries of the Estate. 
 
 Being a certain piece designated as lot ,on apian of land formerly 
 
 belongiiigto T. & S., which plan was made by J. L., dated November—, 
 
 1854, and recorded with the Deeds ; and to which plan reference is here 
 
 made for a further desctiplion of the location and boundaries of said lot. Said 
 lot is bounded and measures according to said plan as follows : 
 
 Bounded— southerly on S Street, there measuring thirty feet ; westerly 
 
 on house and land of I. B. there measuring thirty feet, and easterly on land of 
 J. R. there measuring forty feet eight inches \ northerly on land of J. D. there 
 measuring forty feet ;- all such measurements being more or less, or however 
 otherwise bounded ; ' 
 
 Containing thirty acres, more or less, bounded southerly on the highway 
 leading from B. to T. ; easterly on land of T. F. ; westerly on land ofE. N. ; 
 and northerly partly on land of O. P. and partly on land of N. S., (being the 
 
 same conveyed to me by G. N., by his deed dated , 185 , recorded m the 
 
 I — vol. — , page — ). ' ' 
 
DEED OF ATTOKNEY. 41 
 
 / 
 
 4. Warranty Deed to convey Wife's Real Estate. 
 
 Know all, mepj by these presents, That we, A. B., of 
 
 , in the county of , and State of , merchant, and M. B. 
 
 wife of said A. B., in her own right, in consideration of one thousand 
 
 -and eighty dollars paid by [the City of ,] the receipt whereof 
 
 is hereby acknowledged, do hereby give, grant, bargain, sell, and 
 
 ■convey to the said [City ef , its successors*~^ and assigns forev- 
 
 •€r, one undivided tenth part of a certain messuage [here describe 
 how butted and bounded, how measuring, and how it came into 
 possession, if by will, deed, &c.,] after which proceed asinJVo. 3 
 io the close ef the third paragraph, and then say : — 
 
 In witness whereof, we, the said A. B. and M. B., liave here- 
 unto set our hands and seals, this day of , in the jrear of 
 
 ■our Lord one thousand eight hundred and fifty— . 
 
 A. B. (L. s.) , 
 Si^ed, sealed and delivered in presence of M. B. (l. s.) 
 
 5. Warranty Deed executed hy Attorney. 
 
 Know all men by these presents. That I, A. B., of 
 
 , in the county of , and State of , in consideration of 
 
 , [after which proceed as in JVo. 3 to the close of the third 
 
 (paragraph, and then say : — 
 
 In witness whereof, the said A. B,, grantor, hath hereunto set 
 
 his hand and seal, this day of , in the year of our Lord one 
 
 thousand eight hundred and fifty — , by C. D., his attorney duly 
 •authorized, by letter of attorney herewith recorded. 
 
 A. B. (L. s.) 
 By C. D., hisAttorney. 
 Signed, sealed and delivered in presence of 
 
 6. ■\ Deed of Real Estate to a Married Woman, to her 
 sole and separate use. 
 Know all men by these presents. That I, A. B., of 
 , in the county of , and State of , farmer, in considera- 
 tion of the sum of dollars, to me paid by C. D., wife of E. D., 
 
 ■of aforesaid, merchant, the receipt of which is hereby ac- 
 knowledged, do give, grant, bargain, sell, and convey unto the 
 said C. D., her heirs and assigns, a certain lot of land, situate, lying 
 and being in aforesaid, with the dwelling house thereon stand- 
 ing, bounded and described as follows : [here insert the description,] 
 with all the privileges and appurtenances thereto belonging. 
 
 * Instead of [Cilyof,! insert town, if il be so, or the nameof an individual, if 
 the Deed be made tn one, in which case [C. D., his heirs and assigns] should 
 lake the placeof "city of , its successors.'* 
 
 t This deed must be recorded in the county where the land lies, and also in 
 the county where the husband resides, if in Massachusetts, otherwise, in the 
 -county where the grantor resides, within ninety days from its delivery. 
 
 A husband can secure property to his wife by conveyi^ig it to some friend in 
 trust for her benefit, but not to the.prejudice of Ids creditors. So a female may 
 before marriage, convey property lo a third person in trust for her benefit ; 
 •and thereby place it beyond the cpntrol or liabilities of her future husband. 
 
 •BMA 4* 
 
42 DEED FKOM A FATHER TO A MAEEIED DAUGHTEE. 
 
 To have and to hold the above granted premises, to her, the said 
 C. D., wife of the said E. D., to her sole and separate use, free from 
 the interference or control of her present husband E. D., or of any 
 future husband, and to her heirs and assigns, to her and their sole 
 use forever. 
 (Here insert Covenants of Warranty, as in Deed 3, if deemed necessary.) 
 In witness whereof, I, the said A. B., have, &c. 
 
 A. B. (l. s.) 
 Signed^ sealed and delivered in presence of 
 
 [If grantor be married, there should be a release of Dower.] 
 
 7. Deed of Gift of Personal Chattels from a Father to 
 a Married Daughter to her sole and separate use.* 
 
 Know ali, men by these presents. That I, A. B., of 
 , in the county of , and State of , merchant, in consid- 
 eration of the love and affection which I bear to my daughter, S. B. 
 
 D., wife of C. D., of aforesaid, and for divers other good and 
 
 valid considerations, do hereby give, grant, confirm and convey 
 unto my said daughter, S. B. D.,her heirS and assigns, all and sin- 
 gular the goods and chattels following, to wit : [or, say, goods and 
 chattels mentioned in the schedule hereto annexed.] 
 
 1 Bureau, Marked S. B. D. on the back. 
 
 1 Grecian Table, " S. B. D. under the leaf. 
 
 13 Mahogany Chairs, '* S. B. D. under the bottom. 
 
 3 Silver Table Spoons, " S. B. D. on the handle. 
 
 12 Silver Tea Spoons, " S. B. D. " " " 
 
 1 Silver Tankard, " A B. to S. B.D.ontheaide. 
 
 To have and to hold the above described goods and chattels to her 
 sole and separate use, free from the interference and control of her 
 present, or any future husband, and to her heirs and assigns, to her 
 and their sole use and behoof forever. 
 
 In witness whereof, I, the said A. B., have, &c. 
 Sigaedy sealed and delivered in presence of A. B. [l. s.] 
 
 8. Deed of a Right of Way.i 
 
 This Indenture made this day of , in the year of 
 
 our Lord one thousand eight hundred and fifty—, between A. B. of 
 , of the one part, and C. D. of , of the other part, Witnes- 
 
 seth, 
 
 * In some Slates must be recoraed, or the properly will be liable to atiaoh- 
 menl for the husband's debts. [See" Trader's ffatrfe," one of this series, page 
 130, Article " Rights in Property ofMartied Women."] 
 
 f Ertsements: No person can acquire any right to a privilege of way, air, or 
 light, nor any other easement, in Massaclmseus, New York, and several other 
 States, unless such shall have been continued uninterrupted for twenty 
 years. In Connecticut and Vermont, for fifteen. In South Carolina, thirty. 
 But It IS held not to exist in New Jersey or Pennsylvania. 
 
 In some States the acquiring of such a right may be prevented bv serving a 
 notice on the opposite party, and recording the same : and a copy of die notice 
 must be altixed to the house or some other conspicuous part of the premises. 
 
 [See Law of Easements, and Forms of Notice for Discontinuance of Ease- 
 ments, at page 67.] 
 
STATUTE DEEDS OF INDIANA. 43 
 
 That the said A. B. in consideration of dollars to him paid 
 
 by the said C. D., doth hereby grant, bargain, and sell unto the 
 said C. D. his heirs and assigns, the free and uninterrupted use of, 
 
 and passage in and along a certain alley or passage of in breadth, 
 
 by feet in depth, extending out of and from street, in the 
 
 town aforesaid, along the south side of the present messuage, dwell- 
 ing house and lot of the said C. D., together with free ingress, 
 egress and regress to and for the said C. D., his heirs and assigns, 
 his and their tenants and undertenants, occupiers or possessors of 
 the messuage and ground of the said C. D. contiguous to the said 
 alley, or passage, at all times and seasons, forever hereafter, into, 
 along, upon, and out of the said alley, or passage, in common with 
 him the said A. B. his heirs and assigns, tenants or occupiers of the 
 messuage and ground of the said A. B. adjacent to the same alley, 
 or passage. 
 
 To have and to hold all and singular the privileges aforesaid, to 
 him the said C. D. his heirs and assigns, to the only proper use and 
 behoof of him the said C. D. his heirs and assigns, forever, in com- 
 mon with him the said A. B., his heirs and assigns, as aforesaid: 
 Subject nevertheless to the moiety or equal half part of all neces- 
 sary charges and expenses which shall from time to time accrue, 
 in paving, amending, repairing, and cleansing the said alley, or 
 passage. , 
 
 In witness whereof, the said parties have, &c. 
 
 SisfiBd. sealed and delivered in presence oS «' ^' ^ ^*^ 
 
 C. D. [l. s.] 
 
 Forms of Deeds prescribed by fixe States of Indiana, Vir- 
 ginia, and Iowa. 
 
 STATUTE DEEDS OF INDIANA. 
 
 Warranty Deed. 
 
 A. B. conveys and warrants to C. D., the following tract of land, 
 [here describe the premises] for the sum of dollars. 
 
 This deed dated, signed, sealed and acknowledged by the grantor, 
 shall be deemed to be a good conveyance in fee simple to the gran- 
 tee, his heirs and assigns. 
 
 Quit Claim Deed. 
 
 A. B., quit claims to C. D., the following lot of land, [here de- 
 scribe the premises] for the sum of dollars. 
 
 This deed dated, signed, sealed and acknowledged by the gran- 
 tor, shall be deemed a good quit claim to the grantee, his heirs and 
 
 Mortgage Deed. 
 
 A. B. , mortgages and warrants to C D. [here describe the premi- 
 ses] to secure the repayment of [here write the sum, note, bond, 
 or other evidence of debt, or a description thereof sought to be se- 
 cured, also the date of the repayment.] 
 
 This mortgage deed dated, signed, sealed and acknowledged shall 
 be deemed a good mortgage. 
 
44 STATUTE DEEDS OF VIRGINIA AND IOWA 
 
 STATUTE DEEDS OF VIRQINIA.— [From Code of Virginia, 184B.] 
 
 Deed to convey the Grantor's whole Interest. 
 
 This deed, made the day of in the year 1855, between 
 
 \here insert the names of parties], viiinease<ih : that in considera- 
 tion of [Aere state the consideration'], the said doth [or do,] 
 
 grant unto the said *, all &c. [here describe the property, and 
 
 insert covenants or any other provisions']. 
 
 Witness the following signature & seal, [or signatures fy seals.] 
 
 Deed of Lease. 
 
 This deed made the day of ^ , in the year 1855, between 
 
 [here insert the names of parties], wltnesseth: that the said 
 
 doth [or do] demise unto the said , his personal representatives 
 
 and assigns, all &c. [here describe the property] from the day 
 
 of , for the term of years, thence ensuing, yielding there- 
 for during the said term, the rent of [here state the rent and mode 
 of payment.] 
 
 Witness the following signature and seal [or signatures and seals.] 
 
 Deed of Trust to Secure Debts or Indemnify Sureties. 
 
 This deed, made the day of , in the year 1855, between 
 
 , [the grantor] of the one part, and , [the trustee] of the 
 
 other part, witnesseth : that the said , [the grantor] doth [or 
 
 do] grant unto the said , [the trustee] the following property, 
 
 [h«re describe the debts to be secured, or the sureties to be in- 
 demnified, and insert covenants, or any other provisions the parties 
 may agree upon]. [To be witnessed and sealed as above.] 
 
 STATUTE DEEDS OP IOWA. — [Erom the Code of Iowa.] 
 
 Quit Claim Deed. 
 
 For the consideration of dollars, I hereby Quit Claim to 
 
 A. B. all my interest in the following tract of land [describing it]. 
 
 Warranty Deed. 
 
 For the consideration of dollars, I hereby convey to A. B. 
 
 the following tract of land [describing it], and I warrant the title 
 against all persons whomsoever. 
 
 Mortgage Deed. 
 The same as a Deed of Conveyance — adding — " to be void up- 
 on condition that I pay, [here state the sum, note, bond, &c."] 
 
 Chancellor Kenfs Form of Deed. 
 
 I, A. B., in consideration of [here state the consideration] 
 
 to me paid by C. D., do bargain and sell to C. D. [and his heirs '] 
 the lot of land bounded &c. [here describe the property and insert 
 covenants or any other provisions.] Witness my hand and seal &c. 
 
 •In most of the States the terra "heirs'' should be inserted in deeds of real 
 estate if it is intended that the purchaser shall talte more than a life interest. 
 But m New York, Virginia, Iowa, and Missouri, its insertion is not requi- 
 Bite to create or convey an estate in fee. The words " exemtors" and " od- 
 mmislrators" are omilied, as they are bound, in all cases, tliough not named. 
 
ASSIGNMENT OF UNITED STATES LAND WARRANTS. 45' 
 
 Forms and Regulations for the Assignment of United 
 
 States Land Warrants, 
 
 i 
 
 FormfoT the Ass-ignmejit of the Warrant. No. 1. 
 
 For value received, 1, E. F. J., to whom the within Warrant, No. 
 
 was issued, do hereby sell and aBsig^n uuto [this blank should not be filled 
 
 until the Warrant is located,'] and to his heirs and assigns forever, the 
 
 said Warrant, and authorize to locale the same, and receive a patent 
 
 the re I or. 
 
 Witness my hand and seal, this day of 185 
 
 Attest: E. F. J. [l. s.] 
 
 C E F 
 Two Witnesses, 5 p' tt 
 
 Form of Acknowledgment where the Vendor is known to the Officer taking the 
 
 Acknowledgment. 
 State of , County of . 
 
 On this day of , in the year , personally appeared (here 
 
 insert the name of the Warrantee) to me well known, and acknowledg^ed 
 ■^ the foregoing; Assignment to be his act and deed ; and I certify, that the 
 said (here insert the name of the Warrantee) is the identical person to 
 whom the within Warrant issued, and who executed the foregoing Assign- 
 ment thereof. ( Officer^ s Signature.)' 
 
 The assignment and acknowledgment must be endorsed upon the warrant. 
 
 Form of Acknowledgment where the Vendor is not known to the Officer , and his 
 identity has to be proved. 
 
 State of , County of . 
 
 On this day of , in the year , personally came before me, 
 
 (here insert the name of the Warrantee) and (here insert the name and 
 ■residence of a witness) and the said (here insert the name of the witness,) 
 being well known to me as a credible and disinterested person, was duly 
 sworn by me, and on his oath declared and said, that he well knows the 
 said {here insert the name of the Warrantee,) and that he is the same per- 
 son to whom the within Warrant issued, and who executed the foregoing 
 Assignment, and his testimony being satisfactory evidence to me of that 
 fact, the said (here insert the name of the Warrantee,) thereupon acknowl- 
 edged the said Assignment to be his act and deed. (Officer's Signature.) 
 
 Certificate of the Clerk of the Court, Judge, or other per.wn who is authorized to 
 
 certify J under seal, to the official character of the Officer who takes 
 
 Acknowledgments of Assignments. 
 
 State of , County of . 
 
 I, E. A. J., Clerk of the Court of , in the County and State afore- 
 said, hereby certify that , whose genuine signature is affixed to the 
 
 above acknowledgment, was at the time of signing the same, a Justice of 
 the Peace [notary public or other officer] duly authorized by law to take 
 such acknowledgment, and that full faith and credit are due to all his offi- 
 cial acts as such. 
 
 Given under my hand and the seal of said Court, this — day of — , 18 
 [l. s.] E. a. J., Clerk of the Court of . 
 
 When the acknowledgment is taken by a Clerk of a Court, or a Judge 
 using a seal, no certificate of his official character is required. 
 In legal instruments the names of the parties should be given in full. 
 
46 FOKMS OF GtJAKANTEES. 
 
 GUARANTEES, FORMS OF. 
 
 Continuing Guarantee for Goods to he delivered. 
 
 \_A Guarantee should be Jbunded on some consideration.'] 
 " I HEREBY guarantee the payment to Messrs. E. F. and G. H., 
 for all goods which they may from time to time supply to John 
 
 Williams, of &c. not exceeding the amount of $■ . [This 
 
 would be sufficient ; but it might, in order to prevent all ques- 
 tions, be as well to add the words, ' this is to be a continuing 
 guarantee.'] Dated &c. A. B. 
 
 [ Tke supplying the goods is the consideration implied.] 
 
 Other Examples of Guarantees. 
 
 " I HEREBY guarantee the payment to Messrs. &c., for such 
 goods as they may supply to J. W., of &c., not exceeding the 
 
 dmount of $ ; but this is not intended as a continuing guarantee, 
 
 nut only for the once supplying goods to the above amount. 
 Dated &.c." ' 
 
 " I hereby guarantee the debt of $100 due to you by B, in con- 
 sideration of your giving him a farther credit of $200." 
 
 (Tliis applies only to a single iransaction, and is confined to the sinE:]e debt 
 off 100.] 
 
 " I hereby guarantee the debt of $100, due to you by B, on your 
 giving him a farther credit ; as also vphat he may contract with you 
 from this date up to the 29th of October next," 
 
 [This applies to the debt of $100, and extends to all transactions of what- 
 ever amount, of B with the party to whom the guarantee is given,uptoa 
 given day.] 
 
 " I hereby guarantee the debt of $100, due to you by B, on your 
 giving him a farther credit ; and also any debt he may contract 
 with you, not exceeding $500, for goods supplied to him after this 
 date.'^ 
 
 [Is a guarantee for the debt of $100, and extending tc any debt not exceed- 
 ing $.500, which may at anj^ time become due torgoods delivered to B, until the 
 credit shall be recalled by him who gives the guarantee, and applies to debts 
 successively renewed.] 
 
 " I hereby guarantee the payment for any goods which yon may 
 deliver to B after this date." 
 
 [Extends to all transactions for goods sold to B at any future lime, and to 
 any amount, and continues in force until ihe credit is recalled.] 
 
 For Debts already Due, to prevent Proceedings. 
 " Messrs. E. F. and G. H. having, at my request, agreed to 
 forego proceedings which they were about to take against Mr. J. 
 
 W. , of &c., to enforce the payment of $ due from him to them, I 
 
 hereby, m consideration thereof, guarantee the payment to them ol 
 that sum. Dated &c." 
 
 To stop Proceedings when commenced. 
 
 Messrs. E, F. and G. H. having at my request, agreed to dis- 
 
 continue the proceedings taken by them against, &c. to enforce 
 
 payment of &c due troin him to them, I hereby, in consideration 
 
 thereof, guarantee the payment of that sum and of $ costs " 
 
GUARANTEE FOR PAYMENT OF RENT. 47 
 
 Guarantee for payment of Negotiable Note. 
 
 " Pay to the bearer, and for value received, I guarantee the pay- 
 ment of the within. Dated, &c. E. F." 
 
 Guarantee for Payment of Rent. 
 
 " In consideration of the execution of the within written lease, a^ 
 our request, we do hereby guarantee to the said A. A. the true and 
 punctual payment of the rent reserved at the limes and in the 
 manner therein mentioned, and in default thereof, pro^mise to pay 
 the same on demand. 
 
 Witness our hands and seals, this dayof, &c. E, G. [l.s] 
 
 Executed in presence of F. F. [l.s.]" 
 
 FORMS OF LEASES, 
 ,Diiections. 
 
 A Lease is a conveyance of lands or lenein«nts in consideration of rent, or 
 other annual recompense, for life, years^ or at will. The contract for a Lease 
 maybe expressed verbally or in. icrriting. If verbally it usually has only the 
 force and effect of a tenancy at will. If in writing, it must be subscribed by 
 the party making it, or his authorized agent. 
 
 The statute law, in some States, requires that Leases for one or more years 
 ■be in w^riiing, signed, sealed and delivered in the presence of one or more 
 aubscribing witnesses, and be registered or recorded. In Maine, Massachu- 
 setts, New Hampshire, and Maryland, the term is seven years ; in New York, 
 Pennsylvania, Ohio and-Indiana, three j in Vermont^ Connecticut, Rhode Is- 
 land and South Carolina, one ; in Kentucky and Virgmia, five. 
 
 The followmg cautions are necessary to be observed on taking the Lease 
 of a house, 1. Whether there are any symptoms of dampness? — 2. Whether 
 the chimneys are smoky?— 3. Whether the house is subject to unpleasant 
 sraella? — 4. Whether the lower pan of the house is well ventilaledy and there 
 is a good drainage to the cellar?— 5 Whether the house is infested with h^x^%■, 
 cockroaches, mothSj or any other vermin? — 6. Whether it is supplied with 
 good drinking and washing water? — 7. Who is to keep the pumps, eisterns, 
 &c. in good repair,? — 8. If tne water fails or becomes impure, or the water fix- 
 tures get out of repair, how shall the tenant supply himself? — 9. Whether the 
 liouse leaks? — 10. Whether ihe landlord or tenant is to keep the privy, water 
 courses, &c., clean and in good condition ? — 11. Whether the house is in good 
 repair-, and the landlord will keep it so during the lerm? — IS. Whether the 
 landlord is to pay the taxes ? If so, a covenant to that effect should be insert- 
 ed among the agreements. If the tenant, the like among his. A Lease i-s a 
 written contract, and every thing agreed upon o-r contracted for by the Land- 
 lord or Tenant, should he stated in ihe Lease. 
 
 In taking a house on Lease, the tenant should carefully examine the Cove- 
 nants- of \\iei Lease, or he may, when too late, discover thai he is so tied down 
 by the terms of the lease, as to render the house unfit for his purposes, or that 
 the restrictions may involve him in difficulties, and subject him to perpetual 
 annoyance ; he may by the terms of the lease, be restrained from making ne- 
 cessary or convenient alterations ; he may be compelled to rebuild or pay rent 
 if the premises be burnt down, or rendered uninbabilable by fire, or other ac- 
 cident ; he may be liable to forfeit his lease, or be subject to a penalty, if he 
 assign over his interest, carry on a trade, or the like ; or he may be subject to 
 pay the taxes, or be assessed for the water tax, or be otherwise annoyed. 
 " The law does not protect menfrom their own carelessness origjg.orance. 
 
 Note.— For further information on this important subject see '■^ Landlord's 
 and Tenant's Afsistant^''' one of this series, where can be found Forms of 
 Leases of Houses, Stores, Farm on Shares, Furniture, Tools, Assignments, 
 Surrenders, Guarantees, Special Covenants, and the Laws regulating the 
 Hiring and Letting of Houses, and Ejectment for Non-payment of Kent, &c. 
 
48 FOEM OF LEASE. 
 
 Form of Lease of Store or House. 
 
 This Indenture, made this day of , in the 
 
 year eighteen hundred and fifty — , between A. B. of , and 
 
 C. D. ot , witnesses, that, in consideration of the covenants 
 
 herein contained on the part of the said C. D. to be kept and per- 
 formed, the said A. B. does hereby lease to the said C. D. the store, 
 with the appurtenances., numbered 22 B. street, in the city of B. 
 [or describe the premises as is usual in deeds'] 
 
 To have and to hold the same to the said lessee, for the term of 
 
 years from the date hereof, the said lessee paying (herefor 
 
 the yearly rent of dollars, during the said term. 
 
 And the lessee covenants with the lessor to pay the said rent in 
 
 quarterly payments of dollars each, at the expiration of each 
 
 and every quarter during the said term ; the first payment thereof 
 to be made on the — day of — , now next ensuing; — and to make 
 no unlawful, improper, or offensive use of the premises, to quit and 
 deliver up the same, and all future erections and additions, to the 
 lessor, peaceably and quietly, at the end of the term, in as good 
 order and condition, (reasonable use and wearing thereof, fire and 
 other unavoidable casualties, excepted) as the same now are, or 
 may be put into, by the lessor, or those having his estate in the 
 premises ; to pay all taxes and assessments whatsoever ; whether 
 in the nature of taxes now in being or not, and all charges for 
 cleansing, which may be payable for or in respect of the prem- 
 ises or any part thereof during the said term, together with the 
 rent, taxes, assessments and chai'ges as above stated, for such fur- 
 ther time as the lessee, or those claiming under him may hold the 
 premises; not to make or suffer any waste thereof, — nor make 
 nor suffer to be made, any alteration therein, nor lease, nor un- 
 derlet, nor permit any other person or persons to occupy the same, 
 except such as the lessor, or those having his estate in the prem- 
 ises, shall in writing approve; and that the lessor, or those having 
 his estate in the premises, with his and their agents, at season- 
 able times may enter to view the premises, and make repairs. 
 
 Provided always, and these presents are upon this condition; 
 That in case the said rent or taxes shall be in arrear for the space 
 of one week, and the same shall have been duly demanded, in writ- 
 ing, on or after the day when the same shall have become payable 
 — or, if the lessee, in case of his insolvency, shall fail to give rea- 
 sonable security for the payment of all sums then due, and there- 
 after to grow due, under this lea«e ; or if any of the covenantsherein 
 contained, to be observed on the part of the lessee or those claiming 
 under him shall be broken,— the lessor or those having his estate 
 in the premises, whilst such neglect or default continues, may, 
 without fuither notice or demand, enter upon the premises and ex- 
 pel the lessee or those claiming under him, or may otherwise le- 
 gally evict him or them without prejudice to any remedies which 
 might othei-iyise be used for airears of rent, or preceding breach 
 of covenant. 
 
 Provided, also, that, in case the premises, or any part thereof, 
 shall, during said term, be destroyed or damaged by fire or other 
 unavoidable casualty, so that the same shall be thereby rendered 
 unfit for use and habitation, then, and in such case, the rent here- 
 
NOTICK TO DETERMINE TENANCY. ' 49 
 
 inbefore reserved, or a just and proportionate part thereof, accord- 
 ing to the nature and extent of the injury sustained, shall be sus- 
 pended, or abated until the premises shall have been put by the 
 lessor, or those having his estate in the premises, in proper condi- 
 tion for use and habitation. 
 
 In witness whereof, the parties have hereunto interchangeably 
 set their hands and seals, the day and year first above written. 
 
 A. B. [L.s.] 
 C. D. [L. s.] 
 Executed in presence of 
 
 Lease of House or Store. 
 
 A. B. and C. T>., both of W., agree as follows : — A. B. leases to 
 C. D. his house [store] with the appurtenances, numbered 22 D. 
 Street, in W., for two years from the date hereof. 
 
 C. D. agrees to pay four hundred dollars a year rent, payable in 
 equal quarter-yearly payments, the first payment to be made on the 
 
 day of , now next ensuing, and not to assign or lease 
 
 the premises or any part thereof nor make alterations therein, with- 
 out B.'s written consent ; and at the termination of this lease, to quit 
 and deliver up the premises in good condition and repair, unavoida- 
 ble casualties excepted. 
 
 In case' said premises shall be rendered unfit for their accustom- 
 ed uses by any unavoidable casualty, thereupon this lease shall be 
 ended. 
 
 This lease shall be void if C. D. fails to perform this agreement. 
 
 Witness our hands and seals this day of , 1856. 
 
 A. B. [L. s.] 
 
 Executed in presence of C. D. [l. s.] 
 
 Notice from Landlord to Tenant to Quit. 
 
 Sir, — For the purpose of determining your tenancy in the es- 
 tate No. 5 B. Street, in the city [town] of B., now in your pos- 
 session, you are hereby notified to quit and deliver up to me the 
 
 premises aforesaid, on the day of next, according to law. 
 
 C. D., Landlord. 
 
 To Mr. A. B., Tenant. Dated, , Oct. 1, 185—. 
 
 Notice from Tenant to Landlord of intention to Quit. 
 
 Sir, — For the purpose of determining my tenan. ■ 'i the estate, 
 which I now hold of you, known as No. 5B Stree. '-^wn 
 
 of B., you are hereby notified that I shall quit and dei. 
 
 you the premises aforesaid, on the day of next, -, 
 
 ingtolaw. A. B., Tenan^. 
 
 To Mr. C. D. Landlord. Dated, , Oct. 1, 185—. 
 
 Notice to Quit for Non-payment of Rent. 
 
 Sir, — You are hereby notified to quit, and deliver up to me, the 
 house and appurtenances, known as No. 5 B. Street, in the city 
 [town] of B.,now occupied by you, according to law, your rent 
 being due and unpaid. C. D. Landlord. 
 
 To A. B. Tenant. Dated, , Oct. 1. 185—. 
 
 BMA 5 
 
50 CHATTEL MOHTGAGES, 
 
 MORTGAGE OF PERSONAL PROPERTY. 
 
 A mortgage is a conveyance, or s£tle of goods, to become an absolute 
 interest, if not redeemed at a certain time. The execution and registra- 
 tion is a substitute for a delivery of the articles, when they can be speci- 
 fied and identified by a written description. — See Laws at pp. bb, 56. 
 
 In. Alabama^ mortgag-e must be recorded in the county in which the grantor 
 resides, also where the property is at the date of the mortgage j and if remov- 
 ed to another county must be recorded in the county to which it is removed 
 within six months from such removal. 
 
 In Arkansas^ mortgage must be ackno"\vl edged, and recorded in the county 
 in which the mortgagor resides. If the property be removed beyond the 
 county, without consent of mortgag'ee, the person so removing shall be hable 
 to imprisonment for not less than one nor more than two years, 
 
 In California^ the mortgagor and mortgagee shall make affidavit that ihe 
 mortgage is bona fide, and made without any design to defraud or delay cred- 
 itors ; which affidavit shall be attached to the mortgage. Mortgage must be 
 recorded by the county recorder where mortgagor resides, and also in the 
 county where the property is located. 
 
 In Connecticut^ machinery used in a manufacturing or mechanical establish- 
 ment, household furniture, and hay, or other personal property, may be mort- 
 gaged. If the mortgagor retain possession, the mortgage must be described, 
 executed and recorded in all respects as mortgages of land. 
 
 In Florida, mortgage must be acknowledged, and recorded in the county 
 where the property shall Be at the time of the execution of the mortgage. 
 
 In Georgia, mortgage must be proved by the affidavit of the subscribing 
 witness, and recorded williin three months, by the clerk of the superior court, 
 in the county where the mortgagor resided at the time of execution of the 
 mortgage. 
 
 In Illinois, mortgages must be acknowledged, and recorded in the office of 
 the recorder of the county in v/hich mortgagor resides, and is valid for only 
 two years. If mortgagor sell mortgaged property, without informing the pur- 
 chaser, he shall forfeit twice its value. 
 
 In /Tirfmjia, mortgages must be proved or acknowledged as provided in cases 
 of deeds of conveyance, and recorded in the recorder's office of the county 
 where the mortgagor resides, within ten days after execution. 
 
 In Iowa, morlgages must be executed and acknowledged like conveyances 
 of real estate, and recorded in the recorder's office, within ten days. 
 
 In Kentuchy, mortgage must be acknowledged, and recorded in the county 
 where the mortgagor resides ; same as deeds of real estate. 
 
 In Louisiana, all mortgages must be recorded with the register of raortsa- 
 ges, within six days (when executed in N. Orleans) from the date, and a day 
 more for every two leagues from the place of execution, as to mor^ages exe- 
 cuted in other parishes. 
 
 In Maine, if the debt secured exceeds thirty dollars, the Mortgage must 
 be recorded in the town where the mortgagor resides. Property may be re- 
 deemed by mortgagor within sixty days after condition broken, unless it 
 has been sold m pursuance of contract between the parties. 
 
 In Maryland, mortgage must be acknowledged before a Justice of the county 
 where the mortgagor resides, and the affidavit of the mortgagor or mortgagee 
 must be endorsed on the mortgage, stating that the consideration is true and 
 bona fide. To be recorded within twenty days, with the records of the county. 
 
 In Massachusetts, Mortgage must be recorded by the clerk of the town where 
 the inortgagor resides, and also by the clerk of the city or town in which he 
 principally transacts his business, or follows his trade or calling. If the prop- 
 erty 13 not sold m pursuance of a contract between the partie^^.the right of the 
 mortgagor, or his assigns, to the property, shall not be forfeited until sixty days 
 after the mortgagee, or his assigns, shnll have given wriilen notice to ihe mort- 
 gagor, or the person in possession of said property, claiming the same, of his 
 
CHATTEL MORTGAGES. 51 
 
 or their intention to foreclose said mortgage for a breach of the conditions 
 thereof, and caused a copy of the same notice to be recorded in the clerk's 
 offices where the morlgages are recorded. Mortgages of personal propeny 
 are discharged in like manner as real estate — see page 57. — If ihe mortgagor 
 sell the property, or part thereof, without the written consent ofihe morigiigee, 
 and without informing the person to whom he sells, ihai the same is mort- 
 gaged, he shall be punished by a fine not exceeding $100, or by imprisonment 
 in jail or house of correction not exceeding one year. 
 
 In Michigan^ morigage must be filed in the office of the clerk of the township 
 where the mortgagor resides ; such mortgage is valid for one year only, unless 
 renewed within thirty days next preceding the expiration of the year, by ilie 
 mortgagee, and such mortgage shall be so renewed from year to year 
 
 In Minnesota^ a mortgage, or a copy thereof, must be filed in the office of 
 the register of deeds of the county v/here the morigagor tesides, and in the 
 case of anon-resident where ihe property may be at the time of the execution 
 of the mortgage. 
 
 In Mississippi^ mortgage must be acknowledged, aaid recorded in the court 
 of ihe county ^vithin three months ; and if removed to another county must be 
 again recorded in that county within twelve months after such removal. 
 
 In Missourij mortgage must be acknowledged, and recorded in the county 
 where the mortgagor resides, the same as deeds of real property. 
 
 In Npw Hampshire Mortgages of real estate must be recorded in the office 
 of regisler of deeds. Mortga":es of personal property must be recorded in 
 the office of the town clerk where the mortgagor resides, and the mortgagor 
 and mortgagee must swear that the mortgage is made for securing the debt 
 specifie-d in the condition thereof, and for no other purpose, and that it is a just 
 debt, honestly due from the mortgagor to the mortgagee. A second mortgage 
 cannot be executed on the same property, without, setting forth in the subse- 
 quent mortgage the existence of the previous one. Property cannot be sold 
 without the written consent of the mortgagee. 
 
 In the State of New Yorh^ a mortgage of personal properly must hefiled and 
 registered if in the city of New York, in the office of tne register ; if in any 
 other oily or county town, in the clerk's office therein ; if in any other town, 
 in the town clerk's office. It becomes void, if not renewed within thirty 
 days before the expiration of the year. 
 
 In North Carolina^ mortgage must be proved, and registered within six 
 months after execution, in the county where the mortgagor resides. Mort- 
 gage can be redeemed within two years after forfeiture. 
 
 In Ohio^ Mortgages of personal property, or chattels, must be deposited with 
 the clerk of the township where the mortgagor resides. If not a resident, then 
 with the clerk of the township where the properly shall be at the lime of the 
 execution of the morigage. It becomes void if not renewed within thirty days 
 before the expiration of the year. 
 
 In BJiode Island^ the mortgage must be recorded by the clerk of the town 
 w^here the mortgagor shall reside at the time of making the same. Mortgagor 
 can redeem the premises within sixty days, after condition broken, unless 
 the property, in the mean time, shall have been sold in pursuance of the con- 
 tract between the parties. 
 
 In South Carolina^ mortgage must be recorded in the office of the register of 
 mesne conveyances for the district virhere morigagor resides. 
 
 In Tennessee^ mortgage must be acknowledged and recorded the same as 
 mortgages of real estate. 
 
 In Texas, mortgage must be proved by two or more witnesses, or acknowl- 
 edged, and recorded in the county where mortgagor resides. 
 
 In Vermont^ mortgages of machinery used in factory, shop or mill, are not 
 valid, unless possession be delivered to and reiained by the mortgagee. 
 
 In Virginia, mortgages conveying real estate, or goods and chattels, must 
 be recorded in the counly or corporation where the property may be. 
 
 In Wisconsin^ mortgage is valid for one year only, unless renewed within 
 thirty days before expiration, and recorded in the office of the clerk of the town 
 or city where the morigagor resides, or if a non-r-esident of the Siaie, where 
 the properly may be at the lime. 
 
52 CHATTEL MORTGAGE. 
 
 1. Chattel Mortgage of Goods, Tools, Machinery, 
 Household Furniture, Sfc. 
 
 Be it known, That I, A. B., of , in consideration of— • 
 
 dollars, to me paid by C. D. of , do sell and convey to said C. 
 
 D the followine goods and chattels, to wit :— [or, if numerous, 
 sav, mentioned in the schedule hereto annexed] ; — warranted 
 free of incumbrance, and against any adverse claims; upon con- 
 dition that if I shall pay my certain promissory note, bearing 
 even date herewith, given to the said C. D., or order, for the sum 
 of dollars, according to the tenor of said note, then this mort- 
 gage shall be void. . . . <■ 
 
 And it is agreejl that the mortgagor shall remain in possession of 
 said property till condition broken. 
 
 Witness my hand and seal, this day of , 1858. 
 
 A. B. [l. s.J 
 
 Executed in presence of Must be recorded. 
 
 2. Another Mortgage of Personal Property. 
 
 Know all men by these presents. That I, A. B., of 
 
 , in consideration of the sum of dollars, to me paid by C. 
 
 D of , do grant, bargain, sell and convey unto the said C. D., 
 
 the following articles of personal property, to wit: [or, if the goods 
 are too numerous to be recited, say, all and singular the goods 
 and chattels, wares and merchandize, mentioned and contained 
 
 in the schedule hereunto annexed ;] and now in (he , in the 
 
 town of , [city} aforesaid. 
 
 To hold the afore-granted goods and chattels to the said C. D., 
 and his assigns, forever. 
 
 And I, the said A. B., do avouch myself to be the lawful owner 
 of said goods and chattels, and have good right to sell and dispose 
 of the same in manner aforesaid. 
 
 Provided, nevertheless, that if the said A. B., pay to the said C. 
 
 D., or his assigns, the sum of dollars, in years from date, 
 
 with interest on said sum at the rate of per cent, per annum, 
 
 payable semi-annually, then this deed, as also a certain note, bearing 
 even date with these presents, given by the said A. B. to the said 
 C. D., or order, to pay the said sum and interest, and at the times 
 aforesaid, shall both be void. 
 
 In witness whereof, I, the said A. B. have hereunto set my hand 
 
 and seal, this day of in the year of our Lord eighteen 
 
 hundred and . 
 
 A. B. [L. s.] 
 Signed, sealed and delivered inpresence of [Must be recorded.] 
 
 3. Chattel Mortgage Power of Sale. 
 
 The following, or other conditions, may be added, if desired. 
 
 But if default shall be made in payment of the principal or in- 
 terest above mentioned, or any part thereof, then the said C. D. 
 and his assigns, are hereby authorized to take possession of the 
 above described goods, chattels, and property, [or, mentioned in 
 the schedule hereto annexed,} and advertise and sell the same 
 
MORTGAGE TO SECURE ENDOKSEK. 53 
 
 at public sale, or so much thereof as will be necessary to pay and 
 satisfy the principal sum whether then or thereafter payable, with 
 the interest thereon which shall be due at the time of such sale, 
 and all costs, charges, and expenses attending said sale ; paying 
 the surplus, if any there be, to said A. B., or his representatives, 
 on demand. 
 
 And it is agreed that said A. B. shall remain in possession of said 
 property till condition broken ; but said C. D. may at his pleasure 
 take and remove the same, and may enter into any buildings or 
 premises of said A. B. for that purpose. 
 
 Witness my hand and seal, this day of , 1858. 
 
 A. B. (l. s.) 
 Executed in presence of 
 
 {Must be recorded.] 
 
 4 . Mortgage of Personal Property/ to secure Endorser. 
 
 This Indenture of two parts, made this day of 
 
 A. D. one thousand eight hundred and fifty , by and between 
 
 C. D., of— — , of the first part, and C. G., of , of the second 
 
 part, VV'itnesseth, 
 
 That the said G., at the request of the said D., has agreed to 
 endorse certain notes of hand for his accommodation, and the said 
 
 D. has agreed to give the said G. security against any loss or 
 damage that may befall him by reason of such endorsements. 
 
 Wherefore, in pursuance of such engagements, the said C. D. in 
 consideration of the premises, hereby bargains, sells, assigns, trans- 
 fers and sets over unto the said C. G., all the goods, chattels, tools, 
 machinery and effects, in the annexed schedule or bill of particulars 
 mentioned, whereof the said D. does avouch himself to be the true 
 and lawful owner. 
 
 To hold the said premises unto the said G. and his executors, 
 administrators and assigns. 
 
 Provided nevertheless, that if the said C. D., shall from time 
 to time pay and discbarge all the promissory notes which the said 
 G. may endorse for his accommodation, as they shall respectively 
 become due and payable, and shall finally secure and indemnify 
 the said G. and his personal representatives, from all costs and dam- 
 age, by reason or on account of the ^labilities that have been or 
 may be assumed by him in pursuance of the agreement aforesaid, 
 then this instrument shall be void. 
 
 Provided also, and it is hereby further agreed, that until default 
 by the said D., of or in the payment of any of the said notes, it shall 
 be lawful for the said D., to retain possession of the said chattels, 
 and effects, and to use and enjoy the same without any denial or 
 molestation by the said G., or his representatives. 
 
 And the said G., for himself, and his representatives, does hereby 
 covenant to and with the said D., and his representatives, that in 
 case of his taking possession of the said property, for a breach of the 
 condition aforesaid, he will advertise and sell the same at public 
 vendue, to the highest bidder, and after indemnifying himself fully 
 from the proceeds of such sale for all the liabilities assumed by him 
 as aforesaid, whether the notes are then payable or not, will account 
 
 BMA 5* 
 
54 MORTGAGE OF REAL ESTATE. 
 
 for and pay over the balance of the said proceeds to the said D., or 
 his representatives or assigns on demand. 
 
 In witness whereof the said parties have set their hands and seals 
 to this and another instrument of lilce tenor and date. 
 
 C. D. (l. s.) 
 
 Execuied in presence of ^' *^' (^* 8.) 
 
 [Must be recorded. — See pages 60, 51.] 
 
 5. Mortgage Deed of Real Estate. 
 
 Know all men by these presents, That I, A. B., of , 
 
 in the county of , and State of , merchant, in consideration 
 
 of dollars, to me paid by C. D., of , in the county of 
 
 , and State of physician, (the receipt whereof is hereby 
 
 acknowledged,) do hereby give, grant, bargain, sell, and convey 
 unto the said C. D., his heirs and assigns, a certain parcel of 
 
 land Stc, situate in , described and bounded as follows, to wit: 
 
 [here state how bounded], with all the privileges and appurtenan- 
 ces thereto belonging. 
 
 To have and to hold the aforegranted premises, to the, said CD., 
 his heirs and assigns, to his and their use and behoof forever. 
 
 And I, the said A. B., for myself, ray heirs, executors and admin- 
 istrators, do covenant with the said C. D., his heirs and assigns, that 
 I am lawfully seized in fee simple of the aforegranted premises, 
 
 that they are free from all incumbrances, that T have good 
 
 right to sell and convey the same to the said C. D., his heirs and 
 assigns forever as aforesaid; and that I will, and my heirs, execu- 
 tors and administrators shall, warrant and defend the same to the said 
 C. D., his heirs and assigns forever, against the lawful claims and 
 demands of all persons. 
 
 Provided nevertheless. That if the said A. B., his heirs, execu- 
 tors, or administrators, shall pay unto the said C. D., his execu- 
 tors, administrators, or assigns, the sum of dollars in 
 
 years from the day of the date of these presents, with interest on 
 said sum, at the rate of per centum per annum, payable semi- 
 annually," then this deed, as also a certain promissory nole.t bearing 
 even date with these presents, signed by the said A. B., whereby for 
 value received he promises to pay the said C. D. or order, the said 
 sum and interest at the times aforesaid, shall both be absolutely void. 
 
 And provided also, that, until default of the payment of the said 
 sum, or interest, or other default as herein provided, the mortgagee 
 shall have no right to enter and take possession of the premises. 
 
 In witness whereof, I, the said A. B.,have hereunto set my hand 
 and seal this day of , in the year of our Lord eighteen hun- 
 dred and fifty A. B. [l. s.J 
 
 Signed, sealed and delivered inpresence of 
 
 [Must be acknowledged and recorded.] 
 
 » To be insened if required:- and, unlil such payment, keep llie buildings 
 
 slandrng on the land aforesaid insured against fire, in a sum not less than 
 
 dollars, for the benefit of the said mortgagee and his executors, admmisua- 
 tors, and assigns, at such insurance office in , as the said C. D. shall ap- 
 prove, and also pay all taxes levied or assessed upon the said premises. 
 
 t If the mortgage be given to secure the payment of a tond, then say instead 
 of" a certain promissory note," "a certam obligation or bond." 
 
POWER OF SALE, — EXTENSION OF MORTGAGE. 55 
 
 t>. Mortgage Power of Sale. 
 
 {^After the close of the fourth paragraph in JSTo. 5, add: — ] 
 
 And provided also, that at any time after [here state the time, if weeks or 
 moni/is' J continuance of any breach ofthe foregoing condition, the grantee-, 
 or \liis or their, as the case may be] Executors, Administrators, or Assigns, 
 may sell and dispose of the granted premises, with all improvements that 
 
 may be thereon, at public auction 3 such sale to be in said — ^~ of , 
 
 without further notice or demand, except giving notice of the time and 
 
 place of sale, in each of three successive weeks, in newspaper — 
 
 printed in the aforesaid : And in his or their own names, or as the 
 
 attorney — of the grantor — , for that purpose by these presents duly au- 
 thorized, convey the same, absolutely and in fee simple, to the purchaser 
 or purchasers accordingly; And shall hold and apply the proceeds of 
 such sale — frst, to pay and reimburse to said grantee — all sums of money 
 then secured by this Deed (whether then or thereafter payable), together 
 with interest, and all costs and expenses, includiug all sums paid by said 
 grantee — for insurance of the premises ; emd, secondly, to pa^' the surplus, 
 
 if any, |to the grantor — or assigns; or in case such sale shall be 
 
 made under any decree of or proceedmg in any court, then to the court 
 by which such sale shall have been decreed ; And such sale shall forever 
 
 bar the grantor—, and all persons claiming under , from ail right and 
 
 interest in the premises, at law or in equity. It being mutually agreed, 
 
 that the said grantee — , or Assigns may bid and be the purchaser at 
 
 said sale, and that no other purchaser shall be answerable for the appli- 
 cation of the purchase money. 
 
 Andprovided also, that until some breach of the condition of this deed, the 
 grantee — shall have nojright to enter and take possession of the premises. 
 
 In witness whereof, I the said A. B. and Sarah my wife, in token of her 
 release of all right of dower and homestead in the granted premises, have 
 
 hereunto set our hands and seals this day of -, in the year &c. 
 
 A. B. [L. s.] 
 
 Signedj sealed and deliveredin presence of S. B. [l. s.] 
 
 [Must be acknowledged and recorded.] 
 
 NOTE.— Incumbrances, &c. must be staled as on page 40,-and if grantor be 
 married ihe wife should join her husband in ihe conveyance of ihe estate, and 
 therein releiising her claim to dower, and also to homesleadj if there be one. 
 
 Extension of Mortgage, 
 
 This Agreement made between A. B. of , and C. D, of , 
 
 witness eth — 
 
 That, iohereas,\k{e said B is the holder of D's note, whereby he promises 
 to [recite i!/ie-.noie], which note is secured by said D's morlgage deed, dated 
 
 , recorded in , vol. — page — , on which said note and mortgage 
 
 there remains unpaid the sum of dollars^ with interest at — per cent 
 
 from . 
 
 Now, the said D agrees with the said B, that the interest on the afore- 
 said sum of dollars shall, at all times hereafter, be punctually paid to 
 
 said B, or his assigns, on the day of ,in every year, till the pay- 
 ment of the principal ; and that the said^ principal sum of dollars shall 
 
 be paid to said B, or his assigns, in years from the date hereof and not 
 
 sooner ; and the said B agrees to extend the time of payment accordingly. 
 
 It is also agreed that this instrument shall not invalidate or impair the 
 efficacy of said note and mortgage. 
 
 In witness &c. 
 
 Note.—\i the mortgagor has sold the estate, his grantee should join to show- 
 bis assent. 
 
66 RIGHTS OF MORTGAGOR AND RIGHTS OF MORTGAGEE, 
 
 LAW OF MORTGAGE. 
 
 Conveyance of real estate by mortgage.— Every contract for securing a 
 debt by a conveyance of lands and tenemenls, is deemed a morlgage as 
 between the parties ; and the borrower will be entitled to redeem Ms 
 
 Eroperty, although the conveyance is, on the face of it, absolute. In order, 
 owever, to protect both mortgagor and mortgagee against subsequent 
 purchasers and mortgagees, it is necessary, that the fact that the convey, 
 anoe is intended as a mortgage, be recorded with the deed of conveyance. 
 
 To constitute a Mortgage, a particular form is not necessary, though ■ 
 customary. The common form is a warranty deed [see form of deed at 
 page 40], containing and subject to, the proposed condition. 
 
 Where a deed, absolute in its terms, was duly executed, and on the 
 back of it was endorsed a writing in the form of a condition to a mort- 
 gage, without date, seal or signature, — it was held that the deed was a 
 mortgage. 5 Pick. 181. 
 
 In a Court of Chancery, whenever it appears from written evidence, 
 that the land is conveyed to secure the payment of money, the convey- 
 ance will be treated as a mortgage. 
 
 An absolute deed of land, and a bond, made at the same time, to re- 
 convey, upon the payment of a sum of money, though unaccompanied by 
 any collateral personal security for such payment, constitutes a mortgage. 
 
 Fixtures, and additions in the nature of fixtures, which are placed in a 
 building by a mortgagor, after he has mortgaged it, become part of the 
 realty, as between him and the mortgagee, and caimot be removed or 
 otherwise disposed of by him while the mortgage is in force. 4 IVlet. 306. 
 
 The Statute of Limitations does not affect Collateral Security — Where 
 the note is barred by the Statute of Limitations, yet, if it has not been 
 paid, the mortgagee has his remedy on the mortgage. 19 Pick. 535. 
 
 So where negotiable notes are secured by a mortgage, and the mort- 
 gagee assigns the notes without the mortgage, this does not cancel the 
 mortgage ; but the mortgagee will hold it as trustee for the holders of the 
 notes. 4 Pick. 131. 
 
 Rights of the Mortgagor. 
 
 Upon the execution of a mortgage, the legal estate vests in the mort- 
 gagee, subject to be defeated upon performance of the conditions of the 
 mortgage. But, as between mortgagor and mortgagee, and so far as it js 
 necessary to give full effect to the mortgage as a security for the per- 
 formance of the condition, a mortgage is considered an absolute conveyance 
 in fee j yet, for all other purposes, it is considered, especially until entry for 
 condition broken, as a mere charge or incumbrance, which does not ahenate 
 the estate of the mortgagor. The mortgagor is not, therefore, liable for 
 rent while he remains in possession 5 and he has the right to lease, sell, 
 make a second mortgage, and in short to deal in every respect with the 
 property' as owner, so long as he does not in any way affect or impair the 
 rights of the mortgagee. So the property may be attached and taken 
 for the mortgagor's debts, subject to the rights of the mortgagee. 
 
 The mortgagor, until failure of payment of principal or interest, is to pos- 
 sess and enjoy the property mortgaged ; and though failure be made, he and 
 his representatives have a right to redeem the mortgage, which in law is 
 termed the equity of redemption. In some Slates a reasonable period 
 is allowed, in which to redeem, or regain the estate, in others, the time 
 varies from one to twenty years from the breach of the condition of the 
 mortgage. The person entitled to redeem shall pay or tender to the mort- 
 gagee the whole sum then due, and payable on the mortgage, and shall 
 perform, or tender performance of every other condition contained therein, 
 and all costs which may have been incurred in any suit for recovering the 
 
DISCHARGE AND RELEASE OF MORTGAGE. 57 
 
 premises ; and if the mortgagee shall not accept the same, and discharge 
 the mortgage, the mortgagor may recover possession by a bill in equity. 
 
 Not only the mortgagor himself, but his heirs, personal representatives, 
 and assigns, may redeem the mortgage. So also may a widow entitled to 
 dower, a jointress, a tenant by the curtesy, a remainder man and rever- 
 sioner, a judgment creditor, a purchaser of the equity at an execution 
 sale, a second mortgagee, and, in short, every person who has an interest 
 in or lien upon the land. 
 
 Redemption of Estate. — Most of the States regulate, by statute, the 
 time witliin which a mortgaged estate maybe redeemed or foreclosed. 
 In Massachusetts, Rhode Island, and Maine, the mortgagor has three 
 years in which to redeem the property. In New York one year by pay- 
 ing the sum bid, with interest on that sum from the time of sale at the rate 
 of ten per cent a year. 
 
 In Ohio, a mortgagor has a reasonable period, (before foreclosure.) to 
 redeem the estate, on payment of the debt and all equitable charges, &c. 
 
 It has become the practice, of late years, to insert in a mortgage an ab- 
 solutepower of sale; by which the mortgagee, in case of breach of condi- 
 tion, is enabled to sell, and thus destroy the right to redeem in the mort- 
 gagor, and all claiming under him. [See Form at page 55-] 
 
 Rights of the Mortgagee. 
 
 In the absence of any statute, or of any agreement in the mortgage, 
 the mortgagee is entitled to immediate possession of the mortgaged prop- 
 erty. It is usual, however, to inserta clause in the mortgage, ^'providing 
 that it shall be lawful for the mortgagor to retain possession until breach of 
 condition;" in which case, the mortgagee is not entitled to take possession, 
 until after breach of condition. 
 
 If a mortgage is given to secure the payment of several notes, the non- 
 payment of the first note when it becomes due, is a breach of the condition. 
 
 The mortgagee, if he take possession of the property, is bound to take 
 reasonable care of it, account for the actual receipts of rents and profks, 
 and apply them to the reduction of the principal and Interest due on the 
 mortgage. He is allowed for necessary expenditures in keeping the es- 
 tate in repairs and in most of the States, he is entitled to a reasonable 
 compensation for bis services. 
 
 Discharge of Mortgage to be entered on the Record. 
 
 In many States, mortgages may be discharged by the mortgagee ac- 
 knowledging payment thereof by an entry on the mortgage, signed and 
 sealed in the presence of one or two witnesses, which entry must be also 
 recorded in the margin of the record in the registry of deeds, or wherever 
 the mortgage is recorded. — The following Form of Discharge is used in 
 Massachusetts, Ohio, and several other States. 
 
 B , May 1, 1859.— I acknowledge to have received full satisfaction 
 
 for the debt secured by this mortgage, and do therefore hereby cancel and, 
 discharge the same. C. D. 
 
 The Mortgage can also be discharged by a Deed of Release. — See p. 63. 
 
 Satisfaction of Mortgage in New York. 
 
 J, A. B., of the town of , and county of , do hereby certify, 
 
 That a certain mortgage, bearing date the day of , in the year 
 
 , made and executed by C. D. to me, A. B., and recorded in the 
 
 office of the Clerk of the county of , in Lib. — of Mortgages, upom 
 
 page — , on the day of , in the year , is paid, satisfied, and 
 
 discharged. Dated the day of , 185 — . A. B. 
 
 In presence of [Should be acknowledged and Recorded.] 
 
58 NOTES. 
 
 NOTES, DUE BILLS, RECEIPTS, ORDERS, &c. 
 
 Judgment Note, 
 f B , July 1,185-. 
 
 Sixty days after date, I promise to pay C. D. or hearer. Three 
 Hundred and Ten Dollars, value received. And in case of default 
 of payment of the same when due, I hereby empower C. D. or any 
 attorney appointed by him, to appear for me, and to confess judg- 
 ment before any Court of competent jurisdiction in the State of 
 
 * for the above sum and costs, with release of errors, waiving 
 
 the right of appeal. 
 
 Witness my hand and seal, this day of , A. D., 1855. 
 
 In presence of A. B. [l, S.J 
 
 *The words, "before any justice q/'/Aepeace" can be substituted for the above 
 expression in italics, where the statute admits of it. See below. 
 
 Any person who is by law capable of binding himself by a common bond, 
 may enter into a. recognizance, (that is, make an acknowledgment, or con- 
 fession) of any debt, and thereby subject his person, goods, and estate lo be 
 taken for such debt. — An agent has precisely the power of his principal, in 
 all things prescribed by the power of attorney. 
 
 In Massachusetts the Statute requires that an acknowledgment of debt be 
 taken before the Court of Common Pleas in term time, or before the Clerk of 
 the Court during vacation, or before any Justice of the Peace -with like effeci, 
 if the execuiion is not to be levied on land If the execution is to be levied on 
 land the acknowledgment must be recorded with the Clerk of the Court within 
 ninety days of the date. The person making the acknowledgment must be 
 known to the judge, clerk, or justice, or his identity proved. Fees of the Clerli; 
 for acknowledging and recording 50 cents, for recording only, 25. 
 
 In New Yorfc, a confession ofjudgment may be given as security for an exist- 
 ing debt or for future advances, or lo secure an endorser. The acknowledg- 
 ment must be sworn to before a Justice of the Peace, and filed with the coun- 
 ty elerk, who will enter a judgment of the Supreme Court for the amount. 
 
 In Pennsylvania, judgment may be conlessed without the filing of a decla- 
 ration, the prothonotary being empowered to enter judgment on tTie presenta- 
 tion of a bond, bill, or note containing a power of attorney. — In this State the 
 vrorAs '■^witkout defalcation" are required In notes; and the residences of lite 
 promisor and endorsers. 
 
 A confession ofjudgment prevents the expenses and delays growing out of an 
 action at law ; and if ffoods are levied on, they may probalaly be held by the 
 creditor, though the deutot subsequently avail himself of the insolvent law. 
 
 The above form of note prevails extensively in some of the Southern and 
 "Western States, where great delay and expense occurs in obtaining j udgment. 
 
 NEGOTIABLE NOTE. 
 
 B , March — , 18 — . For value received I promise to pay A- 
 
 B., or order, dollars in months for daysl. 
 
 $ CD. 
 
 No. Due . 
 
 Joint and several Note. 
 
 8 D , April —,18 . 
 
 months [or days] after date, we jointly and severally promise 
 
 to pay G . H., or order, dollars, value received. 
 
 A. B. 
 C. U. 
 Note — with Witness. 
 
 i , E , May — , 1 8—. 
 
 For value received I promise to pay A. B., or order, ^—dollars, in 
 
 months [or days] from date, with interest, at the rate of 
 
 per centum per annum. 
 
 In preeence ef ^, B. 
 
FOREICJN AND INLAND BILLS. 59 
 
 Note on demand — with Interest. 
 
 S F , June — , 18—. 
 
 For value received I promise to pay A. B., or order, dollars oe 
 
 demand, with interestj C. D. 
 
 Notes — A negotiable note taken in payment of adebtis a discharge of 
 the debt. To be negotiaWejit mustbemude payable to payee or order, or t& 
 bearer. If made payable lo several persona, not co-partners, it must be en- 
 doraed by each person. A note may be endorsed so as to preclude all recourse to 
 the endorser, a:* follows; B. B. without recourse. Any person may be au- 
 thorized to make a demand for payment. If the maker of a note be absent, 
 the demand may be presented to his agent, or left at his place ofbusinesSjOi bouse. 
 If be is absent from the state, and has left no agent, and no known place of 
 business^ and cannot, by diligent inquiry be found, notice need not be proved 
 All notes on time are allowed three days grace, (if a note is made payable thre* 
 months from Jan. 1, it is due April 4th, )- and if not paid before the expiration 
 of that time, the endorsers, if they reside in the vicinity, must be immediately 
 notified of the fact, but if they reside at a distance, the notification may be sent 
 by the quickest mode of conveyance, or the earliest post, or the endorsers wit) 
 not be heW liable, if a letter be sent to the endorser by post, and it miscarry, 
 and the endorser not receive it, still the notice is sufficient. Every person receiv- 
 ing notice should immediately give a fresh one to the persons preceding him, 
 if ho wishes to make them liable. ■ 
 
 Eachendorser becomes liable to all subsequent holders. If the note be paid 
 and taken up by the last endorser, he may again transfer it to a new endorsee, 
 who may maintain an action upon it in his own name against any prior party. 
 Bot if paid byany other endorser thanthe last, the note is no longer negotiable- 
 No particulir form of words are essential to be used in the notice ; but itsnust 
 contain an intimation that payment of the note has been refused by the maker. 
 
 Notes on demand. In Massachusetts a demand for payment must be made 
 within sixty days, without grace, and if not paid, the endorser must be immedi- 
 ately notified, or the holder of the note loses bis claim on the endorser. In other 
 states a demand fur payment must be made within a reasonable time, in order 
 to subject the endorser. To hold the endorser he should have received notice 
 immediately after the first demand, and refusal of payment. 
 
 Note. — See other Forms of Notes and Indorsements, and the whole Law 
 in relation to Notes, Indorsements, Bills of Exchange ; Presentment for Ac- 
 ceptance; when not Accepted ; Liability of Acceptor ; Eifect of an Indorse- 
 ment ; Presentment for Payment ; Notice to Endorsers ; when want of Notice 
 is excused; Form of Notice, Ac, in " Trader''s Guide, and Business Man''a 
 Legal Companion — a book wliich should be in the hands of every man who 
 transacts any kind of business. 
 
 FORM OF AIT ORDINARY INLAND BILL OF EXCHANGE, OR DRAFT. 
 
 S B , Nov, — , 18—, 
 
 Three moHths* after dale^ pay to the order of G. W., One Hundred 
 
 Dollars, value received, and charge the same to our account. 
 ToE. F. Merchant, N. Y C. D. & Co. 
 
 FORM OF A FOREIGN BILL, OR SET OF EXCHANGE* 
 
 D , May—, 18—. 
 
 Sixty days* aftersig-ht of this First of Exchange, (Second and Third 
 of the same tenor and dale,not paid,)pay to the order of C. D.& Co., in 
 
 Liverpool, the sum of Dollars, value received, and charge the same 
 
 to account of 
 
 To Mr. E. F. of C . A. B. 
 
 •This admits of the followinj? variations, according to circumstances: — In- 
 stead of " three months," or "sixty days," ft may be "atslghl," or at sucha 
 lime "after sighi,^' or at such a specified time, or on "demand." 
 
60 RECEIPTS, ORDERS, DUE BILLS, ScC, 
 
 The various parties upon a bill, besides the acceptorj indorsers, drawers, 
 and others, become liable for its payment on failure of the acceptor. The 
 acceptor's failure to pay is commonly said to be an act of dishonour. If the 
 drawee refuse acceptance, this likewise is dishonour, and is held to be such 
 a prospective refusal of payment as enliiles the holder to claim immediately 
 from the drawer, or, if there be an indorser, on that indorser, who has re- 
 course on the drawer ; butto entitle him thus to recur on the original parties, 
 there are obligations on the holder, without performing which he is held not 
 to have duly negotiated. He must present the bill for acceptance and for pay- 
 ment on the proper occasion. The holder must, where a bill is payable within 
 a certain period after sight, present it for acceptance within a reasonable time. 
 The drawee may retain the bill twentyfour hours, after which time if he refuse 
 to return it, or has destroyed it. he shall be deemed to have accepted it. 
 The holder must give immediate notice of the non-acceplanee or non-payment 
 of the bill to the drawer, and to every person who would be entitled to 
 bring an action on it after paying it. If he fail to do this, such parties are 
 discharged. He should also in most cases protest it. 
 
 A Check is a written order, and it is the duty of the person receiving it, 
 whether from the drawer or an indorser, to present it for payment on the day 
 on which he receives it, if it come to his hands early in the day, and otherwise 
 on the day following ; if he be at a distance, he should despatch it within the 
 same time, if the Post Office arrangements admit ofiiis doing so, otherwise the 
 holder may not (in case of the Bank becoming insolvent) recover of the drawer. 
 Legal rules on these points cannot, how^ever, be strictly laid down, and the 
 above statements mustbe held as of a merely precautionary nature. 
 
 RECEIPT. 
 
 G , July—, 18—. Received of A. B. dollars, in full of 
 
 all demands. q^ q 
 
 Receipt/or Money received of a third Person. 
 
 H , Aug.— , 18— . Received of A. B=, by the hand ofC.D. 
 
 dollars, on account. ' *' 
 
 B ^ E. F. 
 
 Receipt for Interest due on a Bond. 
 B , Sept. — , 18—. Received of W. R., the sum of dol- 
 lars, in full for one year's interest of dollars due to me ihe 
 
 day of last, on bond by the said W. R., which sum is endorsed 
 
 [^or, shall be] on said bond. 
 
 3 E. w. 
 
 Receiptfor Money due on a Bond. 
 , — Nov. 18— . Received of A. B., the sum of dol- 
 
 lars, due tome Ihe day of last, on bond by the said A. B., 
 
 to be endorsed thereon. 
 
 S CD. 
 
 BORROWED MONEY DUE BILLS, OR MEMORANDUM CHECK. 
 
 I .Sept.— ,18- 
 
 Borrowed and received of A. B., dollars, which I promise to 
 
 pay on demand with interest. (j_D_ 
 
 Due Bill. 
 
 Due, on demand to A. B., or bearer, for dollars, Ito be paid 
 
 in merchandize,] value received. 
 M , Oct. — , 18—. 
 
 N. O. 
 
 ORDER. 
 
 Mr A. B.Will please pay toX.Y.or bearer, dollars [in mer- 
 chandize,] and charge the same to our account 
 M , Oct.— ,18— 
 
 N. 0. 
 
POWERS OF ATTORNEY. 61 
 
 POWERS OP ATTORNEY.* 
 General [or common] Form of Letter of Attorney. 
 
 Know all -men by these presents, That I, A. B., of , 
 
 county of , and state of , do hereby make, constitute and 
 
 appoint C. D., of , my true and lawful attorney, for me, and in 
 
 jny name, tot \here describe the things to be done,] hereby ratify, 
 ing and confirming whatsoever my said attorney shall lawfully do, 
 or cause to be done in the premises. 
 Witness my hand and seal, this — day of — , A. D. 18 — . 
 
 A. B. [L. s.] 
 
 Executed in presence of 
 
 Power of Attorney to Sell Stock. 
 
 Know all men by these presents. That for value receiv- 
 ed, I, A. B., of , do hereby make, constitute, and appoint 
 
 irrevocably, CD., my true and lawful attorney, «)ifft power of 
 substitution, for me and in my name, to sell, assign, and transfer, 
 unto any person or persons whatsoever, sixteen shares now stand- 
 ing in my name, in the Capital or Joint Stock of the Railroad. 
 
 And my said attorney is hereby fully empowered to make and pass 
 all necessary acts for the said assignment and transfer. 
 
 Witness my hand and seal, &c. A. B. [l.s.] 
 
 Executed inpresence of 
 
 Substitution. 
 
 For value received, I appoint irrevocably, E. F. as my substi- 
 tute, with all the powers above given to C. D. 
 
 Witness my hand and seal, &c. C. D. [l. s.] 
 
 Executed in presence of 
 
 * 1. If a letter of Attorney is to be used in another Stale than that where 
 the principal resides, it should be acknowledged before a Commissioner, No- 
 tary Public, Judge ofa Court, or justice of Peace, &c. If in a foreign country, 
 it should be acknowledged before a minister or consul. 
 
 2. A principal is bound by every act of his agent or Attorney done within 
 the scope of the authority given him. 
 
 3. Powers of Attornejf are taken to be in force till notice of revocation, or 
 the death of the parly giving the same. 
 
 4. A married woman may lawfully act as her husband's attorney, if duly 
 empowered by a letter of attorney from him. 
 
 5. Where a conveyance is made by an attorney, he should grant it in the 
 name of the principal, and put the principal's name, and seal to the deed, and 
 acknowledge it before the magistrate to be Ihe deed of the principal. 
 
 t If the Power is given to collect Debts, say f" ask, demand, sue for, col- 
 lect, and receive, all such sum and sums of money, debts, rents, dues, ac- 
 counts, and other demands whatsoever ; which' are or shall be due, owing, 
 payable and belonging to me, or detained from me, in any manner whatso- 
 ever, by C. C, of , county of , slate of , his heirs, executors, and 
 
 administrators, or any of them j (or by any person or persons residing or being 
 in the state of ;) "] 
 
 If the Power relates to Insurance, say [" eifect insurance on , with 
 
 the Fire {or, IVIarine] Insurance Company, in , on such terms as he 
 
 shall deem fit; and I hereby empower him to sign any application for said 
 Insurance, representation of the condition and value of said property, articles 
 of agreement, promissory note — , and all other papers that may be necessary 
 for that purpose ; and also to cancel and surrender any policy he may obtain, 
 and on such cancelling, or the expiration thereof, to receive any dividend, re- 
 turn premium or deposit that may be due, and on such receipt full discharge to 
 give therefor,"] 
 
 BMA 6 
 
62 POWERS OF ATTORNEY. 
 
 Power of Attorney to Sell and Lease Lands. 
 
 Know all men by these &c. [in common formi to [grant, 
 bargain, sell and convey, to any person or persons, who may 
 
 desire to purchase the same, the quarter of section number 
 
 , in township number north of the base line, in 
 
 range number east of the principal meridian in the 
 
 State of ,] and for me and in my name to make, execute, 
 
 acknowledge, and deliver, good and sufficient deeds and convey- 
 ances for the same, either with or without covenants and war- 
 ranty;* giving and granting to my said attorney full power and 
 authority to do all acts necessary and proper to be done in the 
 premises, in as full and ample a manner, as I might or could do, if 
 personally present. And I do hereby ratify and confirm all the 
 acts of my said attorney lawfully done in the premises. 
 
 Witness my hand &c. A. B. (l. s.) 
 
 Executed in presence of [To be acknowledged.] 
 
 Power of Attorney [or Proxy] to Vote for Directors. 
 
 Be it known, that I, A. B., of do appoint C. D., of — — , 
 
 to be my proxy, for me and in my name, to vote at any election 
 of directors [or trustees, &c.,] of the [describe the Company or 
 Society by its corporate title] and on all other matters which at any 
 regular meeting of the stockholders may properly come before them. 
 Witness my hand and seal, this &.c. A. B. [l. s.] 
 
 Signed in presence of 
 
 » Power to receive Dividends. 
 
 Please pay A. B. all dividends due on all Shares in your Corpo- 
 ration standing in my name. 
 
 To Cashier of Bank. C. D. 
 
 B , Jan. I, 185—. 
 
 By inserting after the word "rfwe" intheabove, the words ^^ortobecome 
 due," the Order becomes a standing one. 
 
 If to Railroad, direct " To Treasurer of B Railroad." 
 
 Revocation of a Power of Attorney .f 
 Know ALL men by these presents. That I, A. B., ofB., 
 in and by my letter of attorney, bearing date the — day of — , 1856, 
 did appoint C. D., of B. my attorney, to [here copy the language of 
 the letter of attorney,'] as by the said letter of attorney will appear: 
 Now, know ye, that I, the said A. B., do by these presents revoke, 
 countermand, annul, and make void the said letter of attorney, and 
 all power and authority thereby given, or intended to be given, to 
 the said C. D. In witness whereof, I have &c. A. B. (l,s.) 
 Executed in presence of 
 
 ♦J/tie tend IS to ieZeosed, say, ["And until the sale thereof tosign,sealand inter- 
 dhango to, and with any person with whom said C D. may contract, and for and 
 Ujjon such terms as said C. D. may agree, leases of tlie whole or any part of the 
 aioresaid land: hereby authorizing my said attorney to receive the rents, which 
 ipay become due on said leases, and to receipt for the same in my name, he ac- 
 counting to me therefor;" 
 
 t A Power of Attorney is revocable at pleasure, and all persons interested 
 should have notice of the revocation. But if the authority is coupled witi an 
 interest it is not revocable, though it be not so stated in the letter. 
 
RELEASES. 63 
 
 RELEASES. 
 A General Release. 
 
 Know all men by these presents. That I, A. B., of B., 
 
 in the county of D., in consideration of dollars, to me paid by 
 
 C. D., of E., do hereby for myself, my heirs, executors, administra- 
 tors, and assigns, release, and forever discharge the said C. D.,his 
 heirs, executors, and administrators, of and from all debts, demands, 
 covenants, actions and causes of action, which I now have, in law 
 or equity, or which may result from the existing state of things 
 from any and all contracts, liabilities, doings and omissions, from 
 the beginning of the world to this day. In witness whereof, &c. 
 
 Executed in presence of A. B. [l. S.J 
 
 Release of a Lease, Contract, Note, Bond, S^c. 
 
 Know all men by these presents. That, I, A. B., of G., 
 
 in consideration of dollars, to me paid by C. D. of G., do for 
 
 myself and my heirs, release and forever discharge the said C. D. 
 and his heirs, from all claims and demands, which now exist, or 
 which may hereafter accrue in my favor, from or concerning a 
 
 lease made between me and the said C. D. on , wherein I 
 
 leased to the said C. D. an estate situated in , for the term of 
 
 years, o^ certain terms and conditions, in said lease provided. 
 
 [or if it be a note of hand, bond, contract, or other covenant, de- 
 scribe it particularly, instead of the above description of ieose.] 
 
 In witness whereof, I have hereunto set &c. A. B. [l. s.] 
 
 Executed inpresence of 
 
 Deed of Release of Dower, 
 
 Know all men by these presents, That I, A. B. of B., 
 in consideration of one dollar to me paid by C. D. of B., do here- 
 by release and forever quit-claim to the said C. D., his heirs and 
 assigns, all my right of dower in and to the following described 
 real estate, situate in [here describe the estate,} [of which my late 
 husband E. B. was heretofore seized]. To have and to hold the 
 same to the said C. D., his heirs and assigns forever. 
 
 In witness whereof, I have hereunto &c. A. B. [l. s.] 
 
 Executed in presence of 
 
 [Should be acknowledged and recorded.] 
 
 Q,uit Claim, Deed, Releasing Mortgaged Premises. 
 
 Know ALL men by these presents. That I,* A. B., the 
 mortgagee named in a certain mortgage deed given by C. D. to 
 
 A. B., to secure the payment of dollars; dated , recorded 
 
 in vol. — page — , in consideration of dollars, to me paid 
 
 by C. C, the mortgagor, do hereby release, and forever quit claim 
 to the said C. D., his heirs and assigns, all my claim and title in and 
 to the mortgaged estate therein mentioned ; [having received full 
 satisfaction for the debt thereby secured.] t 
 
 Witness ray hand and seal, this dayof&c. A. B. (l. s.) 
 
 Executed and delivered in presence of 
 * irdischarged by the assignee, " say, E, F,, assignee of." 
 t If Ihe debt has been actually paid, and not tnerely the security changed. 
 Aekaowledged, if Real Estate,— and Recorded. 
 
64 FOKMS OF PETITIONS. — LAWS REGULATING WILLS. 
 
 FORMS OF PETITIONS. 
 Petition for Change of Highway. 
 
 To the County CommisBioners for the County of W. 
 
 The undersigned respectfully represent, that the public highway from the house of A. 
 B., in G., passing the house of C. D. to the house of E. F., in G., is narrow, crooked, in- 
 direct and inconvenient I wherefore your petitioners request your honorable Board to 
 view the premises, and widen, straighten, or new locate said road, and discontiaue suck 
 partsof the highway as may be useless ; or make such iterations and improvements aa 
 shall appear to your honors necessary. 
 
 And your petitioners aa in duty bound will ever pray. [Signatures.] 
 
 Petition for laying out a Road. 
 
 To the County Commissioners for the County of W. : 
 
 Tour petitioners, inhabitants of the town of G., would respectfully represent, that the 
 
 public convenience and wants require that a road and highway should be laid out and 
 
 constructed, beginning at B, in the town of C, and leading in a direction thijtugh C. 
 
 to the town of D. — Your petitioners would therefore ask that your Honors would view 
 the premises, and locate and construct said road and highway, according to the laws in 
 such cases made and provided. And as in duty &c. [ Signatures.]' 
 
 Note,— The terminii, or places where the road commences and ends, should be partic- 
 ularly described, but not the lots of land through which the road ia to pass, as this wonld 
 confine the commiasioners to that particular route. 
 
 To THE LBQISLATURB. 
 To the Honorable the General Assembly of the State of M. [or General Court] or [Senate] 
 or [House of Representatives] or [the Congress of the U. S.] the undersigned respect- 
 fully represents, That, &e. 
 
 To THE Authorities or a City [or Toivn]. 
 To the Honorable the Mayor, Aldermen, and Common Council of the City of B. or [the 
 Selectmen of the Town of B.] the undersigned respectfully represents &c. 
 
 DIRECTIONS FOR MAKING A WILL. 
 
 WHO MAY MAKE A WILL. All persons of sound mind, except inflmta and 
 mtu-ned women, may dispose of their kkal property by will. A married Tromon may 
 do so witli the assent of her husband ; and if she possess a deed of settlement of hra 
 nstate, prior lo her marriage, she may retain this power and execute it after marriage. Ill 
 some States she may dispose of properly by will, which has been left to her sole use be- 
 yond the control of her husband. 
 
 A person making a will should be careful to give his christian and surname, his place 
 of abode, trade, &c. Legatees should also be properly described. 
 
 THE NATURE Al^D EXECUTION OF WILLS. Wills are of two kinds, wbitteh 
 and UNivjuTTZN. The latter have now become very unusual, bein? liable to great im- 
 position. In some States, as in Massachusetts and New Tork, an DNWKITTZK will be- 
 queathing personal estate, is only vaUd when made by a soldier in actual serricc, or by a 
 manner while at sea. 
 
 A ^^ ill of any kind of property must be in writing. 
 
 The will, or codicil, should be signed at the foot or end thereof by the testator. If he 
 does not sign, it must bo signed by some person in his presence, and by his direction. 
 
 The signature must be made, or acknowledged, by the testator, in the presence of 
 witne'f^es present at the same time. 
 
 p.n"nS;;°?''.'?"''/''',"'c"T''^*'''f.' '*''''"'• ^°^<' ™'""1. Connecticut, New Jersey, 
 u 3 ,'f ^- ' .'"S'^l"'' ^°''! ' Carolina, Georgia, and all the other States, flic attestation 
 Mi-snnn T,?„,^?. ^ thrcc witncsscs. In Delaware, Virginia, Ohio, Illinois, Indiana, 
 .,„ „ 1 • T«""=ss™. North Carolina, two witnesses only are required. MNew Yort 
 tj for neglcc't sJo." ° ' '° °'"'™"'= ""''' """^ ''^'^ »'"«' of residefce,-penS: 
 
 Lnslly, the leg At number of wilncsf-- must attest and subscribe the will or codicil 
 irn'';,'l?S"b??,';c'tt';Sr,1i7h.;[r p'r1s1,r "^^ ^ ™ si^4retor*>Ss"Sn°a'tSrrai 
 
 bc^'conriftcd rfl?v ^,fYJ^^- '?'"'^ '^°^>^ "o' ■"= "="'"'> '''«'. 0" '""o™' of having 
 jSc?. Not sWd tVev h„ ?,^^' ?"'""■ T 1'»<1'"J1I5='1 from giving evidence in a court S 
 makTni th^w I %,ev sSn,,kf„u„\""''" *' '"i"' "^ ™<""' ' "O' ™y ^^ interested in 
 
 XSa;:S[is";s'a?i:,Zfi7trwSmis.ii'=4':j£-iScSrdi^^^^^ 
 
 same paper, or aflllxSi id Mdeiup with Z win -^o?^ „• ? ""^« = ^'"i?!" ^\ 
 paper, and deposited in a different placi ' '""'^ "' ™'^" °" * '*'*'"" 
 
 gJl:;Sr,!f's'!^X'etSl^Ss''.^£iir^*=S!'"'^»'''^'^'°-'^'-*^ 
 
WILL. 65 
 
 Though a man can properly make only one will, he may make as many codicUs as he 
 pleases, and the first is equally valid with the last, if not contradictory. 
 
 LEGACY. A Legacy ia a bequest, or gift of money, goods, or chattels, by will ! the 
 person to whom it is given is called the legatee ; and if the gift is of the residue of an 
 estate, after the payment of debts and other legacies, he is called the residuary legatee. 
 
 In cose of a deficiency of assets to pay the debts, all the general legacies must abate pro- 
 portionally. So, if the legatees have been paid, they are bound to refund a rateable part. 
 
 General conditions imposed on legatees not to marry, are void, as immoral, by tendin g 
 to prevent the multipUcation of the species. 
 
 EEVOCATION OFAWILL. A wiUmaJ- be revokedatthepleasure of the testator. 
 He may bum tear, cancel, or obliterate it, but an obliteration of a part is a revocation of 
 only that part. Marriage a|id the birth of a child operate as a revocation, provided the 
 wife and child were unprovided for. A second will is also a revocation of tiie first. The 
 marriage of a woman revokes a will previouBly made by her. A codocU revokes a will 
 if contrary to it. 
 
 WILL.* 
 
 Know all men bt these presents, That I, A. B., of 
 
 , in the county of , and state of , merchant, being of 
 
 sound disposing mind and memory, do make and publish this my 
 last Will and Testament. 
 
 1st. I give and bequeath to my son C. B. one hundred dollars. 
 
 2d. I give and bequeath to my sons D. B. and E. B., five hun- 
 dred dollars each. 
 
 3d. I give and bequeath to my honored mother five hundred 
 dollars. 
 
 To be paid to them respectively within one year after my decease. 
 
 4th. I give and bequeath to my beloved wife, N. B., all my 
 household furniture, wearing apparel, and all the rest and residue 
 of my personal property, (after payment of my debts and legacies.) 
 
 5th. I give and devise to my daughter, G. H., wife of B. H., of 
 
 , the'lot of land, with the building thereon, situate in the town 
 
 of in the county of [bounded as follows]. To have and 
 
 to hold the said premises with the appurtenances, to her, the said 
 G. H., to her sole and separate use, free from the interference or 
 control of her husband, and to her heirs and assigns forever. 
 
 6th. I give and devise to my eldest son F. B., his heirs and as- 
 signs, all my homestead farm, situate in the town of B., in the coun- 
 ty of M., whereon 1 now live. To have and to hold the same to 
 him, the said F. B., and his heirs and assigns forever. 
 
 7th. I give and devise to my beloved wife, N. B., all the 
 rest and residue of my real estate, — together with any and all 
 estate, right or interest in lands, which I may acquire after the 
 date of this Will — as long as she shall remain unmarried, and my 
 widow ; but on her decease or marriage, the remainder thereof I 
 give and devise to my said children, and their heirs, respectively, 
 to be divided in equal shares between them. 
 
 8th. I ordain and appoint my brother, R. B., as executor of 
 this my last Will and Testament. 
 
 * If a testator in his Will makes provision for his wife, declaring the same 
 to be instead of dower, the wife may have her election (within a specified 
 time— in Massachusetts it is six months) to accept the provisions of the Will, 
 or claim her dower at law, but she cannot have both. If the provisions in the 
 Will are not declared to be instead of dower, she will hold both. 
 
 BMA 6* 
 
Q6 WILL AND CODICIL. EASEMENTS. 
 
 In testimony whereof, I have hereunto set my hand and seal, 
 and publish and declare this to be my last Will and Testament in 
 
 the presence of the witnesses named below, this day of , 
 
 in the year . 
 
 A. B. [l. 8.] 
 
 Signed, sealed, published, and declared by ike said A. B.y as and for kis last Will 
 and Testament, in presence of us, who, at his request and in his presence, and 
 in the presence of each other, have subscribed our names as witnesses hereto. ' 
 
 L. M, 
 0. P. 
 G. H. 
 
 If the Will be sis:ned by a third person for the testator, the attestation should 
 be thus : 
 
 Signed by the daid E. F. in our presence and in the presence of the said A. B. 
 and by his express direction, and by the said A.B. at the same time publirthed and 
 declared aH his last will and testament, in the presence of the said E. F. and of 
 us, who each in tlie presence of the other, and of the said A.JB. and of the said E. 
 F. have hereunto set our hands as subscribing witnesses. 
 
 The.manner of signing and attesting; Wills in New England and many of the 
 States, is similar to the above. In New York, it is as follows : 
 
 The above instrument was now here subscribed by A. B., the testator, in the 
 presence of each of us ; and was at the same time declared by him to be his last 
 Will and Testament : and we, at his request, and in his presence, sign our names 
 thereto, as attesting witnesses. 
 
 D. F., residing in Utica, County. 
 
 6. H., residing in Utica, County. 
 
 Codicil. 
 
 W HEREAs, by my last will and testament, dated the day of 
 
 , 18 — , I gave to my daughter J. W., [here mention the 
 
 legacy,'] I do hereby, by this present writing, which I declare to 
 be a Codicil to my said Will, revoke the said legacy, and give and 
 bequeath the same to my son S. W., Jr. I also give and bequeath 
 
 to my nephew G. E. the sum of and to my niece H. E. the 
 
 sum of . And I hereby ratify and confirm my aforesaid Will 
 
 in all respects, except so far as changed or altered by this Codicil. 
 
 In testimony whereof, &c., [same as will.] 
 
 A. B. [l. 8.] 
 
 Signed, sealed, and declaredby the said A. B, to be a Codicilto his last will and 
 testament, in the presence of [same as will.] 
 
 EASEMENTS. 
 
 No person shall acquire any right or privilege of way, nor any 
 other easement, from, in, upon, or over, the land of another, by 
 the adverse use or enjoyment thereof, unless such use shall have 
 been continued uninterrupted, for twenty years. The person own- 
 ing the land, in such case, may give notice in writing to the person 
 claiming or using the privilege, expressing his intention to dispute 
 the right of way, or other easement, and to prevent the other 
 party from acquiring such right ; and such notice, being served 
 and recorded, as hereafter provided in this section, shall be deemed 
 an interruption of such use, and shall prevent the acquiring of a 
 right thereto, by the continuance of the use thereof, for any length 
 
EASEMENTS. 67 
 
 of time wha(ever, after the notice atoresaid ; and such notice shall 
 be served, like an original summons in civil actions, on the other 
 party, or his agent or guardian, if within the state; and other- 
 wise, on the tenant or occupant of the estate, if there be any ; and 
 if not, a copy of the notice shall be affixed to the house, or to some 
 other conspicuous part of the premises ; and the service shall be 
 indorsed and returned on the original paper, and said notice, with 
 the return thereon, shall be recorded in the registry of deeds, for 
 the county where the land lies, within three months after the 
 service ; and every such notice, given by the guardian or agent 
 of the owner of the land, shall have the like effect as it given by 
 himself. Mass. R. S. c. 60. — Law of 1852 provides that no person 
 who has erected, or may erect a house or building near the land of 
 another person, shall acquire a right of light and air, by mere con- 
 tinuance of windows overlooking his land, so as to prevent the 
 owner of such land from erecting any building thereon [See a sum- 
 mary of the common law respecting Easements, in "The Land- 
 lord's Sf Tenant's Assistant," one of this series, at pp. 64-67.] 
 
 1. Notice to Discontinue an Easement. 
 
 To A. B. and C. D., the Heirs of Mr. J. B., deceased: Appre- 
 hending that, by lapse of time, a right may hereafter accrue to you 
 to have the privilege of an alley, or passage-way, in and upon my 
 lot of land on M. street, numbered 53, which you now enjoy by 
 my sufferance, of passing to and from said street along the south side 
 of my dwelling house, to the rear of your house on said street. Now 
 to prevent the accruing of such right on your part, or on the part 
 of those who may hereafter own the estate, I hereby notify you, 
 that I claim the right of building upon and over said alley or pas- 
 sage-way immediately, or at any other time, or of closing up or 
 otherwise disposing of the same, whenever I may think It best to 
 exercise such right. 
 
 B — : , May 12, 1857. I have this day notified 
 
 the within named J. B., by leaving an attested copy ol these pres- 
 ents at his last and usual place of abode in said B . 
 
 H. H. G., Deputy Sheriff. 
 
 2. Another Form. 
 
 B , May 21, 1857. 
 
 To H. T. — Sir : You are hereby notified that the proprietors of 
 the real estate hereinafter mentioned, intend to prevent you from 
 acquiring by adverse use, or possession, or otherwise, any right of 
 
 or other easement, over, from, in, or upon our land, situate 
 
 on the westerly side of W. street in said B., being the same de- 
 scribed in the deed of C. H., to E. D., recorded with — Deeds, 
 Lib. — , fol. — ; and we also severally notify you that it is our in- 
 tention to dispute all right on your part to any or other ease- 
 ment. 
 
 This notice is given to you because you are now using and enjoy- 
 ing, without our consent, a from, in, upon, and over our 
 
 said land, 
 
 Witness our hands this day of , 1857. E. D. 
 
 C. H. 
 
68 EASEMENTS. -:- ENTRY OF MORTGAGEE. 
 
 3. Admission. 
 
 I, A. B., owner of a dwelling-house and land in E. street, in the 
 city of B., adjoining tlie south side of the land belonging to E. B., 
 
 do hereby admit that the upon the northerly side of my house, 
 
 by means whereof enjoyed by me in and over the estate of 
 
 the said E. B., by the sufferance and permission of said E. B., 
 
 and without any intent on my part to acquire by lapse of time anv 
 right of in and over the estate of said E. B. 
 
 Witness my hand and seal at B., this tenth day of June, A. D. 
 1857. A. B. [L. s.] 
 
 }n presence of 
 
 S — '■ , S3. B , April 10, 1857. Personally appeared 
 
 the within named A. B.,and acknowledged the above to be his free 
 act and deed. 
 
 Before me, I. R. B., Just, of the Peace 
 
 FORECLOSURE OF MORTGAGE— ENTRY OF MORT- 
 
 GAGfEE FOR BREACH OF CONDITION. 
 
 After breach of condition of a mortgage of real estate, the mort- 
 gagee may obtain possession by action, or make an open and peace- 
 able entry, which possession being continued three years, the 
 redemption is forever foreclosed. The mortgagor may sign a cer- 
 tificate or memorandum upon the mortgage deed, aoknowledging 
 the entry of the mortgagee, which certificate must be recorded in 
 the Registry of Deeds within thirty days, — or else, a certificate of 
 two competent witnesses to prove the entry, shall be made and 
 sworn to before a Justice of the Peace, and recorded as above. 
 
 Certificate of Entry of Mortgagee. 
 This shall certify to all persons, that I, A. B., the within named 
 
 mortgagor, this day of , A. D. 185 — , do give peaceable 
 
 and quiet possession of the real estate described in the within mort- 
 gage, to C. D., on account of a breach of condition therein contained, 
 and for the purpose of foreclosing the same. A. B. 
 
 [Must be acknowledged.] 
 
 Witnesses Certificate of Entry. 
 
 B , April 10, 1857. 
 
 We, the subscribers, hereby certify and declare that we were 
 this day present and saw E. F., the within named mortgagee, enter 
 in and upon the real estate described in the within mortgage, and 
 take open and peaceable possession thereof, on account of a breach 
 of condition therein contained, and for the purpose of foreclosing the 
 same. A. B. 
 C. D. 
 
 S3. B , April 10, 1857. Then personally ap- 
 
 peared the above named A. B. and C. D., and severally made 
 solemn oath that the above certificate by them subscribed is true. 
 Before me, I. R. b.. Just, of the Peace. 
 
APPLICANTS FOR PATENTS. 69 
 
 INFORMATION 
 
 TO PERSONS HAVING BUSINESS TO TRANSACT AT THE 
 
 PATENT OFFICE. 
 
 [The following extracts from the U. S. Patent Acts, with the Directions 
 and Forms, will enable any person to make out the necessary papers, 
 in order to obtain a patent.] 
 
 All Patents are issued in the name of the U. S., signed by the Sec- 
 retary of State, and countersigned by the Commissioner of Patents. 
 
 The application for a patent must be by petition to the Commission- 
 er of Patents. 
 
 Patents are granted for any new and useful art, machine, manufac- 
 ture, or composition of matter not known, or used by others before his 
 or their discovery or invention thereof, and not, at the time of his ap- 
 plication for a patent, in public use, or on sale with his or their consent 
 or allowance as the inventor or discoverer. 
 
 Any person, on application at the Patent Office, can obtain certified 
 copies of the record, on paying ten cents for every page of one hun- 
 dred words i and for copies of drawings, at the reasonable expense of 
 making them. No answer is returned when a description of an inven- 
 tion is sent, and inquiry made if there be anything there like it. 
 
 The term for which a patent is granted is fourteen, but it may some- 
 times be renewed for seven years, by application to the Commissioner 
 of Patents. Patents are granted to citizens of the U. S., to aliens who 
 have resided in the U. S. one year, and made oath of their intention to 
 become citizens, and also to foreigners who are inventors or discov- 
 erers. 
 
 Joint inventors are entitled to, and can claim a joint patent, but 
 neither can claim one separately. 
 
 An inventor can assign his right before a patent is obtained, so as to 
 enable the assignee lo take out a patent in his own name ; but the as- 
 signment must be first entered of record ; the application therefor duly 
 made, and the specification sworn lo by the inventor. 
 
 The assignment may be to the whole or an undivided part by any 
 instrument in writing. All assignments, and also the grant of the use 
 of the patent iu any town, county, stale, &c., must be recorded in the 
 patent office within three months from the date. 
 
 The law reqi^ires the payment of the patent fee, (^30,) and the filing 
 of the specification, model and drawings, before the application can be 
 considered; two-thirds of the fee is refunded if the application be 
 withdrawn. 
 
 Every inventor, before he can receive a patent, shall deliver to the 
 Patent Office a written description of his invention or discovery, and of 
 the manner and process of making, constructing, using, and compound- 
 ing the same ; and if a machine shall fully explain the principle, modes, 
 application, and character, by which it may be distinguished from other 
 inventions; and shall particularly point out the part, improvement, or 
 combination, which he claims as his own invention or discovery, with 
 duplicate drawings, where the case admits of drawings ; or If a compo- 
 sition, furnish specimens of ingredients, and of the composition of mat- 
 
70 APPLICANTS FOK PATENTS. 
 
 ter, sufficient in quantity for the purpose of experiments. A model will 
 be required in all cases which admits of a representation by model. He 
 shall also make oath or affirmation that he verily believes himself lo be 
 the original and first inventor of the improvement in question, and tliat 
 he does not know or believe that the same was ever before known or 
 used ; also of what country he is a citizen. 
 
 What is claimed as new must be distinguished from what is old. The 
 inventor must not claim too much. ^ 
 
 A defective specification, or drawing, may be amended at any time 
 before a patent has issued. 
 
 The drawmgs should in general be in perspective, neatly executed — 
 and such parts as cannot be in perspective, must, if important, be rep- 
 resented in section or detail— signed by the patentee, and attested by 
 two witnesses — except when the specification refers to them by letters or 
 figures. The model should be as distinct a representation of the ma- 
 chine, or improvement, as possible, and have the name of the inventor 
 printed, or engraved upon it, or affixed to it. Models forwarded without 
 a name, cannot be entered on record. Whenever the inventor is desi- 
 rous of adding new improvements, like proceedings must be had as in 
 case of original applicationsi 
 
 If the patentee has made his claim too broad, claiming more than 
 that of which he was the original inventor, he may inake a disclaimer, 
 in writing, of such part, to be attested by one or more witnesses, and 
 recorded in the Patent Office, on payment of the sum often dollars j 
 and such disclaimer shall thereafter be considered part of the original 
 specification. 
 
 The specification must be made in sacbfuU, clear, a.ad exact terms, as 
 to enable any person skilled in the art or science lo which it appertains, 
 to make, construct, compound, and use the thing patented, 'i'he part, 
 improvement or combination which the inventor claims as his own dis- 
 covery, should be particularly pointed out, and the specification should 
 h&Jramed with letters of reference to the drawings^ 
 
 Any person entitled to take out a patent, who shall desire further time 
 to perfect the invention he has made, may, by paying twenty dollars, 
 file a Caveat in the confidential archives of the office, setting forth the 
 design and purpose of his invention, its principal and distinguishing 
 characteristics, &c., praying protection of his right till he shall have ma- 
 tured his invention; which sum of gSO, in case the person filing such 
 Caveat shall afterwards take out a patent for the invention therein men- 
 tioned, shall be considered a part of the sum required for the same. 
 
 If application shall be made by any other person, within one year 
 from the time of filing such caveat, for a patent of any invention with 
 which it may in any respect interfere, it shall be the duty of ihe Com- 
 missioner to deposit the description, specifications, drawings and model, 
 in the confidential archives of the office, and give notice (by mail) to Ihe 
 person filing the caveat of such application, who shall, within three 
 months after, file his description, specification, drawings and model, if 
 he would avail himself of the benefit of his caveat. If, in the opinion 
 oflhe Commissioner, the specificalionsof claim interfere with each other, 
 like proceedings may be had as are provided in the case of interfering 
 applications, jM-omded no opinion of any board of examiners shall pre- 
 clude any person from the right to contest the same in any judicial court 
 in any action in which its validity may come in question. 
 
 An old patent may be surrendered to correct a mistake, or error, and 
 the fact should be stated in the application, and a new patent will be is- 
 sued for the same invention, for the residue of the period. In (he re- 
 issue, the claim is subject to an examination, and if any part of it is 
 
PATENT FORMS. 71 
 
 not original, the reissue will not be granted, unless the said part be 
 omitted. 
 
 Protection is by the act of August 29, 1842, extended to a new class of 
 objects, viz. : 
 
 To new and original Designs : 
 
 — for a manufacture of metal and other materials ; 
 
 — forthe printing of woollen, silk, cotton, or other fabrics ; 
 
 — for busts, statues, or bas relief, or composition in alto or basso relievo ; 
 
 —for any impression or ornament, or to be placed on any article of manu- 
 facture in marble or other material ; 
 
 —for any new and useful pattern, print, or picture, to be in any mannei 
 attached to, or fixed on, any article of manufacture ; 
 
 — for any new or original shape or configuration of any article of manu- 
 facture ; all such designs not being previously known or used by others. 
 
 American ministers, consuls . etc., reading abroad, may administer the oath 
 required for applicants not resident in the United States. Heretofore such 
 functionaries -were not authorized to perform this act, thus subjecting appli- 
 cants, in foreign countries, to much inconvenience. 
 
 The fee required is ®15, and duration of the Patent seven years. 
 
 Application must be made by petition, and a specification of the invention 
 or production fully described, to be signed and wimessed by two witnesses, 
 and verified by oath. 
 
 The stamping or affixing the name of any patentee on any article without 
 authority so to do, or the Sif^xmg the woTd patent or letters patent ^ or the stamp, 
 mark, or device of any patentee on any unpaiented article, for the purpose ot 
 deceiving the public, is forbidden under a penalty of not less than one hundred 
 dollars. ' 
 
 Patentees, or their assignees, are now required to affix the dale of the patent 
 on each article vended or oifered for sale, under a like penalty— thus aflbrding 
 to the public notice of the duration of the patent. When the article is oi such 
 a nature, that the dale cannot be printed thereon, it should be affixed to the 
 case or package containing it. 
 
 FORMS TO BE USED IK MAKING APPLICATION TO THE PATENT OFFICE. 
 
 Form of Petition. 
 
 To the Commissioner of Patents. 
 
 The petition of A. B., of ,in the county of , and State of , 
 
 respectfully represents : 
 
 That your petitioner has invented a new and useful [or, has invented 
 a new and useful improvement on a, or, on the machine, fee.,] which he 
 verily believes has not been known or used prior to the invention there- 
 of by your petitioner. He therefore prays that Jetters patent of the 
 United States may be granted to him therefor, vesting in him and his 
 legal representatives; the exclusive right to the same, upon the terms 
 and conditions expressed in the Act of Congress in that case made and 
 provided ; he having paid thirty dollars into the treasury, and complied 
 with other provisions of the said act. 
 
 A.B. 
 
 Form of Specification. 
 
 To all whom it may concern. 
 
 Be it known that I, A. B., of , in the county of , and State of 
 
 ; have invented a new and useful machine [or, improvement on a. 
 
72 PATENT FORMS. 
 
 or, on the machine, or, composition, &c.,] for [here give the object, or 
 title, ot the invention]; and 1 do hereb^i declare that the following is a 
 full and exact description. 
 
 [Here describe the invention with great particularity and exactness.] 
 See also introductory remarks. 
 
 Witness, CD. A. B. [l.s.] 
 
 E. F. 
 
 Form of Oath. 
 
 State of , County of ,ss. 
 
 On this — day of , 185—, before the subscriber, a justice of the 
 
 peace in and for the said county, personally appeared the within-named 
 A. B.. and made solemn oath [or, affirmation] that he verily believes him- 
 self to be the original and first inventor of the [improvement, machine, or, 
 composition] herein described; and that he does not know or believe 
 that the same was ever before known or used; and that he is a citizen 
 of the United Slates. 
 
 (Signed,) J. S., Justice of the Peace. 
 
 Form of Withdrawal. 
 To the Commissioner of Patents. 
 
 Sir : — I hereby withdraw my application for a patent for improve- 
 ments in , now in your office, and request that twenty dollars may be 
 
 returned to me, ag-reeably to the provision of the act of Congress author- 
 izing such withdrawal. A.B. 
 
 B , July 5, 185—. 
 
 N. B. — If you withdraw your application, please enclose a receipt in Ihe 
 following form : 
 
 Received of the Treasurer of the United States, per Hon. C; D., Commis- 
 sioner of Patents, twenty dollars, being the amount refunded on wilhdrawmg 
 my application for a patent for . 
 
 Form of Surrender of a Patent for Reissue. 
 
 To the Commissioner of Patents. 
 
 The petition of A. B., of , in the county of , and State of— 
 
 respectfully represents : 
 
 That he did obtain letters patent of the United States for an improve- 
 ment in , which letters patent are dated on the first day of May, 
 
 185 — . That he now believes that the same is inoperative and invalid, by 
 reason of a defective specification, which defect has arisen from inad- 
 vertence and mistake. He therefore prays that he may be allowed to 
 surrender, and he hereby does surrender the same, and requests that 
 new letters patent may issue to him, for the same invention, for the 
 residue of the period for which the original patent was granted, under 
 the amended specification herewith presented ; he having paid fifteen 
 dollars into the treasury of the United States, agreeably to the require- 
 ments of the act of Congress in that case made and provided. A. B. 
 
 Form of .Assignment of a Bight in a Patent. 
 
 Whereas T, A. B., of , in the county of , and State of 
 
 did obtain leUers patent of the United States for certain improvements 
 
 in , which letters patent bear date the 1st day of May, 1851; and 
 
 whereas J. D., of aforesaid, is desirous of acquiring an interest 
 
 therein; mow this indenturk witkesseth, that for and in consid- 
 eration of the sum of , to me in hand paid, the receipt of which is 
 
 hereby acknowledged, 1 have assigned, sold, and set over, and do here- 
 by assign, sell, and set over, all the right, title, and interest which I 
 
PATENT FORMS. 73 
 
 have in the said invention, as secured to me by said letters patent, for 
 
 to, and in, the several Slates of , and in no other place or places 
 
 The same to be held and enjoyed by the said J. D. for his own use and 
 behoof, and for the use and behoof of his leg-al representatives, to the 
 full end of ihe term for which said letters patent are or may be granted, 
 as fully nnd entirely as the same would have been held and enjoyed by 
 me had this assignment and sale not have been made. 
 
 In testimony whereof, I have hereunto set my hand and affixed my 
 seal, this 1st day of July, 185— . A. B. [l. s.] 
 
 Witness : C D , E F. 
 
 Grants and assignments in whole or in part, must be recorded in Patent of- 
 fice wiiliin three mouths from date. 
 
 By the act of March — , 1848, the Commissioner of Patentsis directed to charge 
 thefeesforrecordingassignmenlsofpalenlticenses, at the following rates, viz 
 On all assignments, etc., which shall not contain over 300 words • $1 00 
 And on all containing more than 3U0 and not more than 1000 words • 2 00 
 On all assignments containing more than 1000 words • • • 3 00 
 
 Which fees a.re, in all cases, to he paid in advance. 
 
 Form of Disclaimer. 
 To the Commissioner of Patents. 
 
 The petition of A. B., of ,inthe county of , &c., 
 
 That he has, by assig'nment duly recorded in the Patent Office, be- 
 come the owner of a right, for the several States of , to certain 
 
 improvements in , for which letters patent of the United States 
 
 were granted to J, D., of , in the Stale of , dated on the 1st 
 
 day of May, 1851. That he has reason to believe that, through inad- 
 vertence and mistake, the claim made in the specification of said letters 
 patent is too broad; including that of which the said patentee was not 
 the first inventor. Your petitioner, therefore, hereby enters his dis- 
 claimer to that part of the claim in the aforenamed specification, which 
 is in the following words, to wit: * * * * j which disclaimer is 
 to operate to ihe extent of the interest in said letters patent vested in 
 your petitioner, who has paid ten dollars into the treasury of the United 
 States, agreeably to the requirements of the act of Congress in that 
 ease made and provided. 
 
 Witness : C. D , E F . A. B. (l. s.) 
 
 When the disclaimer is made by the original patentee, it must, of 
 course, be so worded as to express that fact. 
 Form of Caveat. 
 To the Commissioner of Patents. 
 The petition of A. B.,of — , in the county of — , and State of — ,'&c. 
 
 That he has made certain improvements in the ; and that he ie 
 
 now engaged in making experiments for the purpose of perfecting the 
 same, preparatory to his applying for letters patent therefor. He there- 
 fore prays that the subjoined description of his invention may be filed 
 as a CAVEAT, in the confidential archives of the Patent Office, agreeably 
 to the provisions of the act of Congress in that case made and provided, 
 he having paid twenty dollars into the Treasury of the United Stales, 
 and otherwise complied with the requirements of the said act. A. B. 
 , March 1 , 185—. 
 
 Here should follow a description of the general principles of the invention 
 80 far as it has been completed. 
 
 Iiis desirable that caveai.-s should be explicit as to the character and feature, 
 of the invention — embrace suitable drawings or sketches; and a model if 
 convenient. The caveat fails of its purpose, when the invention is not explained. 
 
 BMA 7 
 
74 PATENT F&EM3. 
 
 Form for addition of JVew Improvements. 
 To the Commissioner of Patents. 
 The petition of A. B., of — , in the county of — , and State of — , &e. 
 
 That your petitioner did obtain letters patent of the United Stales, 
 
 for an improvement in tile , which letters patent are dated on' the 
 
 ; that he has, since that date, made certain improvements on his 
 
 said invention y and that he is desirous of adding the subjoined descrip- 
 tion of his said improvements to his original letters patent, agreeably lo 
 the provisions of the act of Congress' in that case made and provided, he 
 having paid fifteen dollars into the Treasury of the United Ijtates, and 
 otherwise complied with the requirements of the said act. A. B. 
 
 Form of Assignment before obtaining Letters Patent, and to be 
 recorded preparatory thereto. 
 
 Whereas I, A. B., of —^, in the county of , and State of , 
 
 have invented certain new and useful improvements in , for which 
 
 [ am about to malce application for letters patent of the United States j 
 and whereas, J. D., of — '— , aforesaid, has agreed to purchase from me 
 all the right, tide, and interest, which I have, or nvay have, in and to 
 the said invention, in consequence of the grant of fetters patent therefop, 
 
 and has paid to me, the said A. B., the sum of , the receipt of 
 
 which is hereby acknowledged : Now this Indenture witnesseth, that for 
 -and in consideration of the said sum to me paid, I have assigned and 
 transferred, and do hereby assign and transfer to the said J. D., the fall 
 and exclusive right to all the improvements made by me, as fully set 
 forth and described in the specificalion which I have prepared and 
 executed preparatory to the obtaining of letters patent therefor. And I 
 do hereby authorize and request the Commissioner of Patents to issue 
 the said letters patent to the said J. D., as the assignee of my whole 
 right and title thereto, for the sole use and behoof of the said J. D,, and 
 his legal representatives. 
 
 In testimony whereof, &c. A. B. [l. s.l 
 
 Witness : C. D , E, F . 
 
 FEES PAYABLE AT THE PATENT OFnCE. 
 
 All fees must be paid in advance — the amount fixed by law ; except in the 
 case of drawings, the expense of which will be communicated on application 
 for the same. 
 
 Patent fee for a citizen of the V. S., or for a foreigiier who has re- 
 sided here one year, and made oath of his inlenuon of becoming a 
 
 citizen 30 00 
 
 For a subject of Great Britain 500 00 
 
 All other foreigners 300 00 
 
 For entering a cawca/ 20 00 
 
 For entering an application for the decision of arbitrators, after notice 
 from Commissioner thai the invention is not new, or that it interferes 
 
 with a pending application 25 00 
 
 For extending a patent beyond the fourteen years 40 00 
 
 For adding the specification of subsequent improvement . . . 15 OO 
 
 111 case of reissues, for every additional pstent 30 00 
 
 For surrender of an old patent to be reissued, to correct a mistake of 
 
 the patentee ... 15 00 
 
 On application for a design .... * ."'.'. 15 00 
 
 For a disclaimer !.'.!,' 10 00 
 
 Forcopiesof patents, or any other paper on file, for each 100 words *. 10 
 
 It IS recommended to make a deposue with tlie Assistant Treasurer, and 
 jtherofhcers authorized to receive public moneys, of the fee for a palentor 
 other application, and to remit the certificate. Where this cannot be done 
 without much inconvenience, gold may be remitted by mail, at the risk ofth 
 applicant. ' 
 
EPITOME OF MENSURATION. 75 
 
 EXPLANATION OF THE SIGNS USED IN THIS WORK. 
 
 = Equal to, as 12 inches = 1 foot, or 6 X 6 = 4 X 9 = 36. 
 
 4" Plus, or more, signifies addition ; thus, 4+2 denotes that 2 
 is to be added to 4. 
 
 — Minus, or less, denotes subtraction ; thjis, 8 — 2 = 6. 
 
 X Multiplied by, 01- info, signifies multiplication; as7x 9^63. 
 
 -i- Divided by, signifies division , »s 117 -^9 = 13. 
 
 : : : : signifies Pn>portion ; thus 4 : 6 : : 8: 12; and is read, as 
 4 is to 6 so is 8 to 12. 
 
 -y indicates the square root ; as «^25 = 5, because 5 X 5 = 25. 
 
 DECIMALS. 
 
 A Decimal Fraclion is a fraction whose denomilialoris 10, or 300, or 1000, 
 &c. The denominalor of a decimal is never wrilten J thenumeratoris wrilteti 
 with a point (,) prefixed lo it, and the denominator is understood to be a unit, 
 with as jnany ciphers annexed -as the numerator has places of figures. Thus, 
 
 .5 is J^, .25 is tVzt. -825 is jS^Vu- 
 
 Independent of the point <.)'WhH;h distinguishes between integers and deci- 
 mals, the •fundameniaJ rules of Addition, Subtraction, Multiplication and Di- 
 vision are the same as in simple arithmetic. Ciphers plaeexl on the right of 
 Decamals do nod change their values ; bat placed on tlieir left decrease their 
 value tenfold ; Ihus, 
 
 .1 is tV. -01 is i^TT. -OOL is i^Vjt- 
 
 In Adding and Subtracting Decimals keep the points under each other- 
 In Dividing Decimals, point offln the quotient as many places for decimals 
 as the decimal places in the dividend exceed those in the divisor ; thus, 
 
 20.5)20.500(1.00 
 
 If there be not figures enough in the quotient to point off, prefix ciphers. 
 
 In Multiplying Decimals point off as many iigures in the product, from the 
 nght hand, accounted as decimals, as there are decimals in the midiiplier 
 and multiplicand taken together ; thus, 
 
 15.32X2.4 = 36.768. 
 
 i^e^/uce Decimals by multiplying them by the next lower denomination. 
 J'See Table ofDeeimals equivalenlAo the Fractional parts of a Gallon, Pound, 
 Foot, and Inch.] 
 
 EPITOME OF MENSURATION. 
 
 BoASD and Plank are usually measured by the square or superficial foot of 
 444 inches. Ton Timber is measured by the cubic foot of 1728 inches. 
 
 40 cubic feet ofroundj or 50 feet of hewn timber, equal 1 load, or ton. 
 
 To find the number ofsquare (or superficial) feet multiply the lengt/i in inches 
 by the breadth in inches, and divide by 144. But when all the dimensions are t» 
 /fief, multiply the length in feet by the breadth in feet, — omitting the divisor. 
 
 'Example 1. — How many square feet are there in the left hand figure (sup- 
 pose it a Table, Slab ofMarhU, Brick Wall, Board^ Plank,^c.,) its length being 
 efeet, and its breadth 6 feet? Answer^Qy, Q = 2& square feet. 
 
 Example 2. — How many square feet are there in tjie righi hand figure (sup- 
 
76 EPITOME OF MENSTRUATION. 
 
 posing It a Board. Table, frc.,) its length being 4 feet and 5 inches, and its 
 breadth (taken on the dotted line) 2 feet 3 inches.— [W'Acn either of the dimen- 
 sions are in feet and inches, both may be reduced to inches.] 
 
 4 feet 5 inches =53 inches X 27 -^ 144 = 9-9 square feet. 
 2 feet 3 inches := 27 inches. 
 
 Triangle.— If the figure be a (n'are^Ze, of whatever form, multiply theyer- 
 pfindzcuZar, {the highest part,) by one AaZ/"of the 6ose, (the length.) 
 
 Example. — The extreme length(or base) of the left hand figure under this 
 rule is 14 feet 7 inches; the breadth (or perpendicular) is 4 feet 2 inches. 
 What is its area? 
 
 14 feet 7 inches = 175 inches -7-2=97-5X50-i- 144=30-3 s?uare/erf. 
 4 feet 2 inches =50 inches. 
 
 Land Measure. — How many square feet of land are there in a lot, which 
 is laid outin a r^/UaTtg-Zerfiriang'Zc (represented by the lefthand figure) the base 
 measuring 49 feet, and ihe perpendicular 30 feet. 
 
 49 X 30 = 1470 feet h- 2 = 735 square feet. 
 
 Board Measure. — Boards are measured by the square (or superficial) 
 feet, — thus, Multiply the length of the board in feet by the width in inches and di- 
 vide the product by 12. 
 
 Hxamplel. — How many sgri/are feet ate there in a Board, or Pleuik, 18 feet 
 long by 10 inches wide ? 
 
 18 feet X 10 inches = 180 h- 12 = 15 square feet. 
 
 Rule — "When the Board, or Plank, tapers gradually add the width of the 
 two ends together, and one half their summultiplied by the length, will give 
 the number of square feet. 
 
 Example 2.;— How many square feet are there in a Board 18 feet long, 13 in- 
 ches wide at one end and 17 inches ai the other? — (Average breadth 15 mches. 
 18 feet X 15 inches = 270 — 12 = 22^ square feet. 
 
 Timber and Plank. — In measuring iiwifeer or ^Zani which runs tapering, 
 both in width and thickness, the common rule is, to add together the area of 
 the two ends, and one half of the sum multiplied by the length and divided by 
 144, will give the solid contents. This rule is not exact, but it is sufficient 
 ■where absolute accuracy is not required. 
 
 Example 1. — Required the solidity of a tapering square stick of timber, the 
 largest end being 14 inches square, thelesser end 10 inches, and the length 40 
 feet. Answer,— Contents by the co7n?nonruZe, 41-11 cubic feet. 
 
 14X14 = 196 + 100-;- 2X40-^144=41-11 cubic feet. 
 10X10 = 100. 
 
 Another method to find tJie Solidity of a Frustum. 
 
 Rule. — The squares of the diameters of the two ends of ihe fruslum of a 
 Cone added to the product of the two diameters, and that sum by its height and 
 by "2618, the product is the number of cubic inches, which divided by -231 gives 
 the number of gallons 
 
 Example.— Keq\iuQA the solid content, and gallons in a Coffee-pot, Pail,&c. 
 whose height is IS inches, diameter at the lop 6 inches, and diameter ai the 
 bottom 9 inches. 
 
 62 + 92 = 117 } = 171 X IS = 3078 X -2618 = 805-82 inches. 
 
 805-82 -4- 231 = 3-488 Gallons (or 3% gallons). 
 
 tSce Table of Decimals equivalent to fractional ports of a Gallon], 
 
EPITOME OF MENSURATION-. 77 
 
 Rouwp Timber. — For round Timber add together the girth of the two ends 
 ^and divide the sum by 2, for the mean girth j then square (*) :J of this quo- 
 tient, and multiply the product by the length, which gives the contents. 
 
 * [ITie sqiuire of any number is tJiat number multiplied by itself . Thus: 
 a X 2 = 4, = (Ae square o/3 ; 4 X 4 == 16 the square of 4, §-c.] 
 
 ^a:a?7zpZe.^The mean girthof a tree being 5 feet 8 inches, and its length 
 38 feet, required its eubioal contents. 
 5 ft. 8 inches = 68 inches ^ 4 ■= 17 X 17 X 216 H- 1728 <*) =36-125 cubic feet 
 18 feet =316 inches. 
 
 ■* {If the measurements are reduced to inches, divide by 1728 ; but if one of the 
 measures is in feet ^ multiply the inches byfeet^ and divide the product by 144 .} 
 
 The above rule gives the CH.stomary, but the true content is found hy 
 -squaring one fifili of the girth, aad multiplying by twice the length. 
 Example. — Tfee same as above, girth 5 feet 8 inches, length 18 feet. 
 Girth = 63 -^ 5 = 13-6 X 13-6 X 36 -=- 144 = 4624 cubic feet. 
 18 X 2 = 36 = twice the length. 
 
 Circles. To find the area of a Circle multiply the squaxe of the Diameter 
 fby the Decimal -7854, and the Product will be the area. 
 
 Example. Required the area of a Circle whose diameter is 6 inches ? 
 6 X 6 = 36 X -7654 = 28-274 Squaa^e Inches. 
 
 [Also, see table of" Areas of Circles."] 
 
 To find the circumference of a Circle from the diameter, Miultiply tlie diam- 
 ter by 3-1416 the product is the circumference ^ and multiply the circumference 
 ■by -31831, and the product isihe diameter. 
 
 Jn the formation of a Hoop or Ring of Wrought Iron, the following is the rule 
 to determine the length of -the Iron in an unbent state : — If it is the interior di- 
 ameter of the hoop that is given, add the thickness of the iron ; but if the ex- 
 terior diameter, subtract from the given diameter the thickness of the iron, 
 multiply the sum or remainder, by 3-1416, and the product is the length of the 
 iron, in equal terms of unity. 
 
 Supposing the interior diameter of a hoop to be 32 inches, and the thick- 
 ness of the ironl^, what must be the proper length of the iron, independent 
 ■of any allowance for shutting? 
 
 32 + 1-25 = a3-25 X 3-1416 = 104-458 inches. 
 Again, let it be required to form a hoop of iron 7-8 inch in thickness, and 
 d.6^ inches outside diameter. 
 
 16-5 — -875 = 15-625, or 1 foot 3 5-8 inches, 
 independent of auy allowance for shutting. 
 
 Cylinders.— To find the solidity of a cylinder, (a round stick of 
 timber of uniform diameter, -or a grindstone, Ac.) multi(i]y the area 
 of the base, (as in the above example,) by the length, and the pro- 
 ■duct will give the solid contents. 
 
 Example. Required the Solid Content of an Iron Roller, 2 feet 6 
 •inches in diameter, and 12 feet in length ? 
 
 2{t.6 in. = 30 in. X 30 X "7854 X 12 -j- 144 = 58-905 Cubic iFeet. 
 
 "Water Tanks, Cisterns, and Oil <3ans, &c.— To find the capacity of 
 any CylindricaX Vessel, find its interior cubic content in inches, by the forego- 
 ang rules, then, ifits capacity be required in gallons divide by 231, (the number 
 of cubic inches in a U. S. gallon.) 
 
 Example. — Required the number of gallons in a Can, whose diameter is 
 SO inches, and depth 50 inches ? 
 
 30 X 30 X '7854 X 50 -J- 231 = 153 gallons. 
 
 BMA 7* 
 
 S 
 
78 MEASURES OF CAPACITY AND WEIGHT. 
 
 Or, if the interior diameter of tlie Can is ii feet, and its deptli 2J feet, then 
 2-25 X 2-25 X 2-5 X 5-868 = UK gallons. 
 
 Or, if the diameter of a Tank is 62 inches, and its depth 100 inches, then 
 62 X 62 X 100 X -0034 = 1306-96 gallons. 
 
 O, if the capacity of any vessel is required, from the size of a Gill to a 
 Water Tank, 4;c., see the Table " Area of Circles". 
 
 Cubic, oh Solid Measure. To find the Cubical Content in a Stitk 
 of Timber, Block of Stone, Box, Bin, Ice. If all the Dimensions are in Feet, 
 multiply the Length by the Breadth, and this product by the Depth to obtain 
 the number of Cubic Feel. 
 
 If the Length is in Feet and the width and dei)th in Inches, multiply the 
 length by the width and this Product by the depth in inches,— then divide the 
 last Product by 144 for the Cubic Feet. If all the Dimensions are in Feet and 
 Inches reduce the whole to Inches, then multiply the Length, Breadth and 
 Depth together, and divide the Product by 1728 to obtain the Cubic Feet. 
 
 Required the number of cubic feet in a box, stone, &c., i\ feet long, 2^ feet 
 wide and 2 feet deep ? 
 
 45 X 2-5 X 2 = 22^ cuUcfeet. 
 
 To find the capacity of a bin, cistern, tanner^s vat. Sec, find its (interior) cu- 
 bic contents in inches by the preceding rules, then if the capacity be required 
 in gallons, divide the whole number of inches by 231 ; — if in bushels, by 
 21S0'42, — or, if in heaped bushels, by 2747-70. 
 
 Or, if the interior of a coal bin be 4 feet in length, 41 inches in breadth, and 
 32 inches in depth ; then, 
 
 4 X 41 X 32 X •00894 = 36J cubic feet, = 2000 lbs., or 1 ton of Beaver 
 Meadow or Lehigh Coal. 
 
 1 Cubic Foot of Peach Mountain Coal^ broken and screened for Stoves, 
 weighs 54 pounds, and requires 37 cubic feet of space to stow one ton ol 
 2000 pounds. 
 
 Coal is bought at wholesale at the rate of 2240 pounds to the ton, and sold 
 at retail at the rate of 2000 pounds to the ton, screened. 
 
 Or, if the interior of a crib be 6J feet in length, 3% feet in breadth, and 3^ 
 feel in depth ; then, 
 
 6-5 X 3-75 X 3-25 X -80356 = 63-6522 (or 6.3| bushels and J peck!) 
 
 The Solid Contents of all bodies, which are of uniform bigness throughout, 
 whatever may be the form of the ends is found by mulliplying the area of one 
 end into its height or length. 
 
 144 inches equal ( = ) 1 square foot, (or, area.) 
 1728 inches equal ( = ) 1 cubic foot, (or, solid contents.) 
 
 MEASURES OF CAPACITY AND WEIGHT. 
 
 Measures of Weight. — Avoirdupois : — W drams equal 1 ounce j 16 
 ounces 1 pound ; 112 pounds one hundred weight ; 20 hundred weight 
 1 ton. — Troy : — 4 grains equal 1 carat ; 24 grains 1 pennyweight ; 20 pen- 
 nyweights 1 ounce; 12 ounces 1 pound.— ^jiolAecories.-— 20 grains equal 
 1 scruple O); 3 scruples 1 dram (5); S drams lounce{3) ; 12 oz. l(ft) lb. 
 
 Measures OF Surface, or Square Measure.— 144 square inches = 1 
 square foot; 9 square feet = 1 square yard ; 30^^ square yards = 1 square 
 rod, or pole ; 40 square rods = 1 square rood ; 4squarerooda = l square acre. 
 (or 43,500 feet ; ) 640 square acres = 1 Square mile. 
 
 , Measures of Capacity (Dry.)— 2150-42 cubic inches = l United Stales 
 (or AVinchesler) bushel ; the dimensions of which are 181 inches diameter in- 
 side, lOJ inches outside, and S inches deep ; 2747.70 cubic inches = 1 heaped 
 bushel, the cone of which must not be less than 6 inches high. 2211.84 cubic 
 lnclies = l New York statute bushel ; 1 Imperial (British) bushel = 2318.192 
 cubic inches, and contains 80 lbs. of distilled water: the same in Ohio, 
 1 quarter of wheat = 8 bushels English, 8^ U. States. 
 
MEASURES OF CAPACITY AND WEIGHT. 79 
 
 Measures OF Length :— 161 feet equal 1 rod or pole; 40 rods, 1 furlong; 
 8 furlongs, (or 5280 feet,) 1 mile ; CO geo. miles = ] degree. — Ropes ahd 
 Cables ;— 6 feel are equal to 1 fathom ; 120 fathoms, to 1 cable's length. 
 
 Fre'nch Measures of frequent Reference, compared with V. S. 
 Measures — Toise, 76*755 inches ; League, 22S0 loises (common) 2000 (post); 
 Fathom, 6 feet ; Metre, 3-28 feet ; Decimetre (1-lOih metre), 3'94 inches ; Velt, 
 2 gallons; Heclolilre, 26'42 do. ; Decalitre, 2'04 do. ; Litre, 2'11 pints; Kilo- 
 litre, 35 32 feet; Hectolitre, 2-S4 bushels; Decalitre, 9'08 quarts; Millier, 
 2-205 pounds ; Quintal, 2ao-54 do.; Kilogramme, 2-21 do.; lOU pounds 107-93 
 do.; 100 feet, 106-80 feet ; Ton (of wine) 240 gallons. 
 
 Standard Weight op Grain and other Articles. 
 
 Legal Weight of a Bitskel of various Articles in Massachusetts, — Salt, 70 lbs. ; 
 Wheat, 60 ; Corn, or Rye, 56 ; Oats, 32 ; Barley, or Buckwheat, 48 ; Corn, or 
 Eye Meal, 50 ; a Ton, 2000 lbs. ; cwt., 100 lbs. In Indiana,— Wheal, 60 lbs. j 
 Shelled Corn, 56 ; Corn on the Cob, 68 ; Buckwheat, 50 ; Beans, 60 ; Potatoes, 
 60; Clover Seed, 60 ; Hemp t?eed, 44 ; Blue Grass Seed, 14; Castor Beans, 
 46; Dried Peaches, 33; Dried Apples, '.JS; Onions, 48; Salt, 50; Mineral Coal, 
 70 ; Timothy Seed, 45 ; Rye. 56; Oats, 32 ; Flax Seed, 56 ; Barley, 4S; Corn 
 Meal, 50 ; a Ton of Hay, 2000 lbs. 
 
 One Bushel of Bituminous Coal in the Western States = 2083 cubic inches 
 ^76 pounds. Stone Coal, in Illinois, 80 lbs. to lire bushel. 
 
 Measures of Capacitiy (Liquids.) — 231 cubic inches equal 1 United 
 States standard gallon; 282cubicmches = lale gallon ; 277-274 cubic inchest 
 I Imperial (British) gallon, for dry, beer and wine ; 31^ U. S. gallons = 1 
 barrel ; 42 galls. = 1 tierce ; 63 galls. = 1 hogshead ; 84 galls. = 1 puncheon : 
 126 galls. =1 pipe ; 252 = 1 tun. 
 
 Gallons. The U. S. standard gallon contains 83389 avoirdupois pounds, or 
 58372.1754 troy grains of distilled water, at 39-83'^ Fahrenheit, the barometer 
 at 30 inches; 1 gallon of ale weighs 10-5 lbs.; 1 Imperial (British) gallon 
 weighs 10 lbs. ; ] gallon of Sperm Oil weighs 7^ lbs. ; 1 do. of Linseed 7| lbs. ; 
 1 do. of Olive "H IbP.; 1 do. of Whale 7 lbs. 11 ozs. ; 1 do. of Proof Spirits 
 7 lbs. 15 ozs. ; 1 do. Spirits of Turpentine 7 lbs. 5 ozs. 
 
 Measures op Solidity, or Cubic Measure. — 1728 inches = 1 cubic foot ; 
 27 cubic feet^ 1 cubic yard ; 40 cubic feet of round limber = l ton ; 50 cubic 
 feet of hewn limber = 1 ton; 16 cubic feet of wood = 1 fool of wood; 8 feet 
 of wood (or 128 cubic feet,) := 1 cord; 1 chaldron of Newcastle coal ^5936 
 lbs. ; 1 perch of stone = 24-75 cubic feet. 
 
 Number of Cubic Feet in a Ton (2240 lbs.) of Various Bodies :— Mar- 
 ble, 15-07 ; Granite, 16; Common Stone, 14-22; Paving Stone, 14-8) ; Sand, 
 83-5 ; Tallow, 38 ; English Oak, 37 ; American Oak, 41 ; Ash, 47 ; Elm, 64-5 ; 
 Beech, 50-5; Teak, 48; Spanish Mahogany, 45; Honduras Do. 55; Ma- 
 sle, and Riga Fir, 47-8 ; Larch. 65-8; Pilch Pine, 53-6 ; Oil, 39; Proof Spirits, 
 38-6 ; Distilled Water, 35-6 ; Sea Water, 34-7 ; Grindstones, 17 ; Brick 17. 
 
 Weight op Various Substances: — lbs. Avoirdupois.—! cubic foop of 
 bricks weighs 124 pounds ; 1 do. of clay, 130 ; ] do. of sand, or loose earth, 
 95; Ido. of common soil, 124 ; Ido. of cork, 15 ; 1 do. of clay and stones, 160 : 
 1 do. of Marble, 171; 1 do. of Granite, 165 , 1 do. of Cast Iron, 450-65 ; Ido. of 
 Wrought Iron, 486-65 ; Ido. of Steel, 489-8; Ido. Copper, 555; 1 do. Lead, 
 708-75; Ido. Brass, 534-75; 1 do. Tin, 436; 1 do. While Pine, 29-56; Ido, 
 Pitch Pine, 41-8 ; Ido. Red Pine, 41-5; Ido. Elm, 34-9 ; 1 do. English Oak. 
 60-4; do do. 58-6; 1 do. Canadian, 54 8 ; Ido. New England Fir, 34-9 ; 1 
 do. Sea Water, 64-3 ; 1 do. Fresh. 62-5. ; 1 do. Air, -07529 ; 1 do. Steam, 
 ■03689. 
 
 Weight of a CuMc Inchin Founds. — Of Lead -410 lb. ; Sheet Copper -323 ; 
 Sheet Brass -304 ; Sheet Iron -279 ; Cast Iron -263 ; Cast Tin -264 ; Cast ; 
 Zinc -245; Platinum, rolled, -797 ; do. wire, -762: do. hammered, -735; do. 
 purified, -705: do. crude, grains, -566; Gold, hammered. -701 ; do. pure cast, 
 •698; do. 20 carats fine, -567; SiWer, hammered, -382; do, pure, -378; 
 Cast Steel, -287 ; do. common soft, -234 ; do. hard and tempered, -283 ; Iron, 
 bar, -231 ; do. cast, '261 ; do hammered, -281 
 
80 DECIMALS FOR FACILITATING CALCTTLATIONS. 
 
 MULTIPLIERS FOR FACILITATING CALCULATIONS, 
 The product multiplied by tlie Decimals in the Table, is an approxima- 
 tion to the Capacity in Gallons, Weight in Pounds, Bushels, Square 
 Feet, Cubic Feet, Miles, and Yards; 
 Lineal feet multiplied by .00019 equal miles. 
 " yards " .000568 " " 
 
 .007 
 
 .0002067 
 .00546 
 .0004546 
 
 Square Inches ' 
 
 " yards ' 
 
 Circular inches ' 
 
 CylindricaUnches ' 
 
 feet ' 
 
 Cubic inches ' 
 
 " feet ' 
 
 Cubic feet ' 
 
 " inches ' 
 
 Cylindrical feel ' 
 
 " inches ' 
 
 Cubic feet * 
 
 " inches ' 
 
 Cylindrical feet ' 
 
 " inches ' 
 
 Cubic feet ' 
 
 " inches 
 
 f( u I 
 
 Cylindrical feet 
 
 Cubic inches ' 
 
 Cylindrical inches " 
 
 Avoirdupois lbs. " 
 
 .00058 
 
 .03704 
 7.477 
 0.433 
 S.868 
 
 .0034 
 6.232 
 
 .003607 
 4.895 
 
 .002832 
 
 .80356 
 
 .0465 
 
 .779 
 
 .6312 
 
 .61183 
 
 .263 
 
 .281 
 
 .283 
 
 .3225 
 
 .3037 
 
 .26 
 
 .4103 
 
 .2636 
 
 .4908 
 
 .0356 
 
 .036 
 
 .037 
 
 .033 
 
 .2065 
 
 .2168 
 
 .2223 
 
 .2533 
 
 J33S5 
 
 .2042 
 
 .3223 
 
 .207 
 
 .3854 
 
 .030 
 .009 
 .00045 
 
 square feet. 
 
 acres. 
 
 square feet. 
 
 cubic feet. 
 
 cubic yards. 
 
 cubic feet. 
 
 cubic yards. 
 
 United Stales gallons. 
 
 Imperial gallons. 
 
 United States bushels. 
 
 Imperial " 
 United Stales bushels. 
 
 Imperial " 
 
 lbs. ava 
 
 1. of cast iron. 
 
 11 
 
 wrought " 
 
 (C 
 
 steel. 
 
 t( 
 
 copper. 
 
 (C 
 
 brass. 
 
 (( 
 
 einc. 
 
 (( 
 
 lead. 
 
 (( 
 
 tin. 
 
 a 
 
 mercury. 
 
 a 
 
 ice. 
 
 « 
 
 fresh water. 
 
 tc 
 
 salt water. 
 
 i( 
 
 oil. 
 
 ({ 
 
 cast iron. 
 
 IC 
 
 wrought iron. 
 
 ({ 
 
 steel. 
 
 u 
 
 copper. 
 
 (( 
 
 brass. 
 
 I{ 
 
 zinc. 
 
 (( 
 
 lead. 
 
 (C 
 
 tin. 
 
 ti 
 
 mercury. 
 
 <( 
 
 fresh water. 
 
 u 
 
 salt water. 
 
 (( 
 
 oil. 
 
 cwts. 
 
 ions 
 
 
 ExampUs 1. — Required the number of Gallons contained in a Ship*a Watet 
 Tank, whoae interior diameter is 4^ feel, and depth 18 feet. 
 4.5 X 4.5 X 18 X 5.868 = 2141,4 Gallons. 
 
 Example 2. — Required the weight of a Cast Iron Cylinder whose diameter 
 la 6 inches^ and length 6 feet. 
 
 5 X 5 X 72 X .2065 = 371.7 Pounds. 
 Example 3. — Required the number of bushels in «. bin, whose interior 
 length is 10 feet, breadth 6 feet, and depth 4 feet. 
 
 10 X 6 X 4 X .S0356 = 192.8 Bushels. 
 
SQUARE FEET MEASUREMENT. 
 
 81 
 
 READY RECKONERS 
 
 PRACTICAL TABLES. 
 
 WASTE IN MATCHING WESTERN BOARDS. 
 
 The following Table shows the per centage of waste in l^Tatching, or 
 Tongue and Grooving, Western Slock Boards, — not measuring the tongue: — 
 
 16 inches 
 
 wide 
 
 14: 
 
 
 ([ 
 
 i;^ 
 
 
 
 12 
 
 
 C( 
 
 11 
 
 
 « 
 
 10 
 
 
 '' 
 
 -3 per cent. 
 
 7 
 
 (( 
 
 " 7 '■ 2-10 
 
 fi 
 
 (C 
 
 " 8 " 3-10 
 
 5 
 
 (C 
 
 '■ 10 
 
 4 
 
 (( 
 
 " 12 and 5-10 
 
 3 
 
 (( 
 
 " 16 " 6-10 
 
 3 and 5-10 per cent. 
 
 3 " 7-10 '' " 
 
 4 1 " " 
 
 4 and 8-10 " " 
 
 5 " HO '* " 
 9 " "5 " 6-10 " " 
 It is very seldom that boards are stocked less than 10 inches, unless made 
 
 from what is lermed siding. 
 
 In splitting- or saw^ing up Stock Boards for narrow sheathing, 2 or 3 per cent, 
 more should be added to cover all waste. 
 
 8 inches wide, 6 and 4-10 per cent. 
 
 TABLE OF SUPERFICIAL, OR, FLAT MEASURE, 
 
 By which the Content in Superficial Feet, of Boards, Plank, 
 Paving, S^c, of any Length and Breadth can be obtained, by mul- 
 tiplying the decimal expressed in the table by the length of the board, ^c. 
 
 Breadth 
 
 Area of a 
 
 Breadth 
 
 Area of a 
 
 Breadth 
 
 Area of a 
 
 Breadth 
 
 Area of a 
 
 in inches! lineal foot. 
 
 in inches. 
 
 jlineal foot. 
 
 in inches. 
 
 lineal foot. 
 
 In inches 
 
 lineal foot. 
 
 i 
 
 ,0208 
 
 H 
 
 .2708 
 
 H 
 
 .5208 
 
 H 
 
 .7708 
 
 * 
 
 .0417 
 
 Sk 
 
 .2916 
 
 64 
 
 .5416 
 
 94 
 
 .7917 
 
 i 
 
 .0625 
 
 m 
 
 .3123 
 
 6i 
 
 •5625 
 
 9i 
 
 .8125 
 
 1 
 
 .0834 
 
 4 
 
 .3334 
 
 7 
 
 .5833 
 
 10 
 
 .8334 
 
 U 
 
 .1042 
 
 4i 
 
 .3542 
 
 '^i 
 
 .6042 
 
 lOi 
 
 .8542 
 
 u 
 
 .125 
 
 44 
 
 .375 
 
 74 
 
 .625 
 
 104 
 
 .875 
 
 li 
 
 .1459 
 
 4i 
 
 .3958 
 
 n 
 
 .6458 
 
 10| 
 
 .8959 
 
 2 
 
 .1667 
 
 5 
 
 .4167 
 
 8 
 
 .6667 
 
 11 
 
 .9167 
 
 2i 
 
 .1875 
 
 H 
 
 .4375 
 
 H 
 
 .6875 
 
 11+ 
 
 .9375 
 
 24 
 
 .2084 
 
 54 
 
 .4583 
 
 84 
 
 .7084 
 
 114 
 
 .9583 
 
 n 
 
 ,2292 
 
 5i 
 
 .4792 
 
 m 
 
 .7292 
 
 11* 
 
 .9792 
 
 3 
 
 .25 
 
 6 
 
 .5 
 
 9 
 
 .75 
 
 12 
 
 1.0000 
 
 Example 1. Required the number of square 
 feel in a strip of board 10 feet long by 2 inches 
 wide? 
 
 Opposite 2 is *1667 which multiplied by(X) 
 10 equals (=) 1 foot 8 inches. 
 
 Example 2. Required the number of square 
 feet in a board or plank, 41 feet long by 24| 
 inches wide ? Opposite 3 is -0625, to which 
 add 2 to the left of the decimal for feet {when 
 the width of the board exceeds ll| inches^ add 1 
 to the left of the decimal for each foot) ; then 
 ■2-0625 X 41 feet = 84 feet 7 inches. 
 
 •1667 ...Multiplicand 
 10 ...Multiplier. 
 
 1-6670 
 
 ..Product. 
 
 2-0625 
 
 41 
 
 20625 
 
 82500 
 
 
 84-5625 , 
 
 Ans. 85 feet 
 
 Note- — The last two figures of the Decimals, (when the length of the article 
 consists of but a few feel) may be dropped, and those remaining multiplied. 
 
82 
 
 ROUND TIMBER MEASUREMENT. 
 
 (6-5416 
 
 40 
 
 261-6640 Ans. 262 feet. 
 
 15-2916 
 16 
 
 Kvample 3. TKe pavement of a side-walk 
 as 40 feel long: by 6 feet 6^ inches wide ; re- 
 quired the number of square feet. Opposite 
 6J is -5416, to which add 6 for feet : !Ae», 6-5416 
 X 40 = 261 feet 8 inches. 
 
 Example 4. A room measures 16 feet by 15 
 feet 3^ inches, how many square feet of floor- 
 inff does it contain. Opposite 3^ is -2916, to 
 which add IS for feet ; tlien, 15-2916 X 16 — 244 
 feet 8 inches. 
 
 If yards are required divide the Product 
 by 9. 
 
 Example 5. Required the number of square 
 feet in a board 14 feet lonpr 15 inches wide at 
 one end and 9 at the other? (add together the 
 width of the two ends and divide by 2 = 12 
 inches, mean width.) Opposite 12 is 1- X 14 
 = 14 feet. 
 
 It is customary, in measuring boards, &c., to count as nothing all fractions 
 under 6 inches, and to count as one foot 6 inches and ail fractions over. 
 
 917496 
 152916 
 
 244-6656 Ans.iiSftet. 
 
 1- 
 14 
 14- 
 
 Alls. 14 feet. 
 
 ROUND AND EQUAL-SIDED TIMBER MEASURE. 
 
 Table for ascertaining the number of Cubical Feet, or Solid Contents/ 
 in a Stick of Round or Equal-sided Timber j Tree, S^c. 
 
 i Gin 
 
 in 
 Inches, 
 
 Area 
 
 in 
 
 Feet. 
 
 i Girt' 
 
 in 
 Inches. 
 
 Area 
 
 in 
 Feet. 
 
 -803 
 
 -84 
 
 -878 
 
 -918 
 
 -959 
 
 1- 
 
 1-042 
 
 1-085 
 
 1-129 
 
 1-174 
 
 1-219 
 
 1-265 
 
 1-313 
 
 1-361 
 
 1-41 
 
 1-46 
 
 1-511 
 
 1-552 
 
 1-615 
 
 i Girt 
 
 in 
 Inches. 
 
 m 
 Feet. 
 
 154 
 
 15| 
 
 16 
 
 16i 
 
 16} 
 
 16| 
 
 17 
 
 ni 
 
 174 
 
 17} 
 
 18 
 
 18| 
 
 181 
 
 18| 
 
 19 
 
 19i 
 
 19} 
 
 19} 
 
 20 
 
 1-668 
 
 1-722 
 
 1-777 
 
 1-833 
 
 1-89 
 
 1-94B 
 
 2-006 
 
 2-066 
 
 2-126 
 
 2-187 
 
 2-25 
 
 2-313 
 
 2-376 
 
 2-442 
 
 2-506 
 
 2.574 
 
 2-64 
 
 2-709 
 
 2-777 
 
 i Girt 
 
 10888 
 1361 
 
 Rule. Multiply the area in Feet, corresponding to the J th Girt, by the 
 lengthofthesliokof Timber, and the ^rodwcJ is the solidity in feet and deci- 
 mal parts of afoot. 
 
 1-361 
 
 Example 1. A stick of Timber is 16 feet 18 
 
 long and 56 inches girl, how many cubic feet 
 does it contain? Opposite 14 is 1-301 which 
 X 18 = 24 feet 6 inches. 
 
 24-498 Ans.Siifeet. 
 
 Rule. — If a tree, or timber, is tepcrmg-, girt it about one-third of the way 
 from the butt to the top; — or add together the area at the two ends, and 
 divide the sum by 2, to obtain the mean girth ; or lake the girth of the tree at 
 equal distances from each other, add all the girths together, and divide the 
 sum by this number, for the mean girth. 
 
 It is usual to allow, on account of the bark, in oak 1-lOth or 1-I2th part of 
 the circumference, beech, ash, &c., should be less. 
 
TIMBER AND STONE MEASUEEMEWT. 
 
 83 
 
 TABLE, SHOWING THE SOLID CONTENTS IN TIMBER, 
 BOXES, PACKAGES, &c. 
 
 Role to find Solid (or Cubic) Feet. — If all the dimensions are in Feet iniilti- 
 ply the length by the width and this product by the depth. — If all the Dimensions are 
 m feet and inchesy reduce the whole to inches, and multiply the length, breadth and 
 depth together, and divide the product by 1728, to obtain cubic feet. 
 
 The Width and Thickness of the Timber or Package is given in the top lines of 
 the Tables. The column on the left contains, first, the length in feet, and below the 
 length in inches. If the length of the Timber or Package is in Feet and Inches, add 
 the Feet and Inches together. 
 
 If a Timber or Package be of larger Thickness or Breadth than is contained in the 
 Tables, add two numbers together, or double a uumber. 
 
 If the Length of the Timber is not contained in the Table, take twice some length, 
 or add two lengths together. Suppose a Timber is 5 by 6 inches, and 22 feet long, 
 take twice 11, and you have 4 feet S inches. 
 
 L'ng 
 
 5 Inches Thick by 
 
 6 Inches Thick hy | 
 
 1 
 
 in 
 
 6B 
 
 7 B 
 3 
 
 8 B 
 3 
 
 9 BIO B 
 
 11 B 
 5 
 
 12B 
 5 
 
 6B 
 3 
 
 7 B 
 
 4 
 
 8 B 
 4 
 
 9B 
 5 
 
 10 B 
 5 
 
 ]1B]12B| 
 
 
 3 
 
 4 
 
 4 
 
 6 
 
 6 
 
 2 
 
 
 5 
 
 6 
 
 7 
 
 8 
 
 8 
 
 9 
 
 010 
 
 6 
 
 7 
 
 8 
 
 9 
 
 010 
 
 Oil 
 
 1 
 
 3 
 
 
 8 
 
 9 
 
 10 
 
 Oil 
 
 1 1 
 
 1 2 
 
 1 3 
 
 9 
 
 Oil 
 
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84 
 
 TIMBER AND STONE MEASUEEMENT. 
 
 If 
 
 Timber he tONOER than is contained in the Tables, 
 
 take twice some lesgte 
 
 .ornddtvo 
 
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 12 Inches Thick 6y | 
 
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TIMBEK AND STONE MEASUREMENT. 
 
 85 
 
 Suppose a Package 9 feet, long 4 feet broad and W inclies thick? opposite 9 and under 24 
 Inches we find 30, which doubled gives 60 feet, — the answer. If the Timber or Package la of 
 larger breadth or thicknesa than is contained in the Table, add two numbera together. 
 
 Z',ig\ 
 
 15 Inches Tliick by \ 
 
 16 Indies Thick by \ 
 
 ft. 
 
 n 
 
 15 B 
 
 16 B 
 
 17 B 
 
 18 Bl 
 
 9 B 
 
 20 B 
 
 21 B 
 
 16 B17 B|18 B 
 
 19 B 
 
 20 B21 B,22 b| 
 
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 3 
 
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 5 
 
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86 
 
 PLANK MEAOTKB. 
 
 PLANK AND SCANTLING MEASURE. 
 
 If a Plank be longer (ban is represented in tbe Tables, Ihen take twice 
 some length. If shorter take i or ^ of some length. 
 
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 3 htchci Thuk by 10 to 27 Inches Vide. I 
 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
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 71 
 
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 79 
 
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 16 
 
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 77 
 
 81 
 
 85 
 
 89 
 
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 98 
 
 102 
 
 106 
 
 111 
 
 
 18 
 
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 30 
 
 54 
 
 59 
 
 69 
 
 68 
 
 72 
 
 77 
 
 81 
 
 86 
 
 90 
 
 95 
 
 99 
 
 104 
 
 103 
 
 113 
 
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 19 
 
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 52 
 
 67 
 
 62 
 
 67 
 
 71 
 
 76 
 
 81 
 
 86 
 
 90 
 
 96 
 
 100 
 
 105 
 
 109 
 
 114 
 
 119 
 
 124 
 
 
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 55 
 
 60 
 
 65 
 
 70 
 
 76 
 
 80 
 
 85 
 
 90 
 
 95 
 
 100 
 
 105 
 
 110 
 
 115 
 
 120 
 
 135 
 
 130 
 
 
 21 
 
 63 
 
 68 
 
 63 
 
 68 
 
 74 
 
 79 
 
 84 
 
 89 
 
 95 
 
 100 
 
 105 
 
 110 
 
 116 
 
 121 
 
 126 
 
 131 
 
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 22 
 
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 66 
 
 72 
 
 77 
 
 83 
 
 88 
 
 94 
 
 99 
 
 105 
 
 110 
 
 116 
 
 121 
 
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 138 
 
 143 
 
 
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 63 
 
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 81 
 
 86 
 
 92 
 
 98 
 
 104 
 
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 115 
 
 121 
 
 127 
 
 132 
 
 138 
 
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 24 
 
 60 
 
 66 
 
 72 
 
 78 
 
 84 
 
 90 
 
 96 
 
 102 
 
 108 
 
 114 
 
 130 
 
 126 
 
 133 
 
 138 
 
 144 
 
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 156 
 
 
 25 
 
 63 
 
 69 
 
 76 
 
 81 
 
 88 
 
 94 
 
 100 
 
 106 
 
 113 
 
 119 
 
 126 
 
 131 
 
 138 
 
 144 
 
 150 
 
 156 
 
 163 
 
 
 26 
 
 65 
 
 72 
 
 78 
 
 85 
 
 91 
 
 98 
 
 104 
 
 111 
 
 117 
 
 124 
 
 130 
 
 137 
 
 143 
 
 150 
 
 156 
 
 163 
 
 169 
 
 
 27 
 
 68 
 
 74 
 
 81 
 
 88 
 
 95 
 
 101 
 
 108 
 
 115 
 
 122 
 
 128 
 
 135 
 
 142 
 
 140 
 
 155 
 
 162 
 
 169 
 
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 23 
 
 70 
 
 77 
 
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 91 
 
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 112 
 
 119 
 
 126 
 
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 140 
 
 147 
 
 154 
 
 161 
 
 168 
 
 175 
 
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 29 
 
 73 
 
 80 
 
 87 
 
 94 
 
 103 
 
 109 
 
 116 
 
 123 
 
 131 
 
 138 
 
 145 
 
 152 
 
 ir,n 1671 
 
 174 
 
 181 
 
 189 
 
 
 30 
 
 76 
 
 83 
 
 9C 
 
 98 
 
 105 
 
 113 
 
 120i 13Si 1351 
 
 143 
 
 150 
 
 15S 1651 173 1 
 
 180 
 
 188 
 
 195' 
 
 
PLANK MEASURE. 
 
 87 
 
 PLANK AND SCANTLING MEASURE. 
 
 5f a. Plank, or ScanlUng, be longer than is represenled in ihe Tables, take 
 twice some length given in the Tables, or add two lengths together ; if wider, 
 ■take two widths ,• if both longer and wider, double the contents of such num- 
 iber in the Tables as will give the same length and width required. 
 
 ^ff 
 
 3 1-2 Inches Thick by W to 26 Inches Wide. | 
 
 5^ 
 
 10 
 
 11 
 
 12 
 
 18 
 
 14 
 
 15 
 
 16 
 
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 18 
 
 19| 20 
 
 21 
 
 22 
 
 23 
 
 24{ 35 
 
 26 
 
 13 
 
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 42 
 
 46 
 
 49 
 
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 57 
 
 61 
 
 64 
 
 68 
 
 72 
 
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 87 
 
 91 
 
 95 
 
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 53 
 
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 61 
 
 65 
 
 69 
 
 74 
 
 73 
 
 82 
 
 86 
 
 90 
 
 94 
 
 98 
 
 102 
 
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 44 
 
 48 
 
 63 
 
 57 
 
 61 
 
 66 
 
 70 
 
 74 
 
 79 
 
 83 
 
 88 
 
 92 
 
 96 
 
 101 
 
 105 
 
 109 
 
 114 
 
 16 
 
 47 
 
 51 
 
 S6 
 
 «1 
 
 65 
 
 70 
 
 75 
 
 79 
 
 84 
 
 89 
 
 93 
 
 98 
 
 103 
 
 107 
 
 112 
 
 117 
 
 121 
 
 17 
 
 60 
 
 55 
 
 60 
 
 64 
 
 69 
 
 74 
 
 79 
 
 84 
 
 89 
 
 -94 
 
 99 
 
 i04 
 
 109 
 
 114 
 
 119 
 
 124 
 
 129 
 
 IS 
 
 53 
 
 58 
 
 63 
 
 68 
 
 74 
 
 79 
 
 84 
 
 89 
 
 96 
 
 100 
 
 105 
 
 110 
 
 110 
 
 121 
 
 126 
 
 131 
 
 137 
 
 19 
 
 55 
 
 61 
 
 67 
 
 72 
 
 78 
 
 S3 
 
 89 
 
 94 
 
 100 
 
 105 
 
 111 
 
 116 
 
 122 
 
 127 
 
 133 
 
 139 
 
 144 
 
 20 
 
 58 
 
 64 
 
 70 
 
 76 
 
 82 
 
 88 
 
 93 
 
 99 
 
 105 
 
 111 
 
 117 
 
 123 
 
 123 
 
 134 
 
 140 
 
 146 
 
 152 
 
 21 
 
 61 
 
 67 
 
 74 
 
 80 
 
 86 
 
 92 
 
 98 
 
 104 
 
 110 
 
 116 
 
 123 
 
 129 
 
 136 
 
 141 
 
 147 
 
 153 
 
 159 
 
 22 
 
 64 
 
 71 
 
 77 
 
 €3 
 
 90 
 
 ,96 
 
 103 
 
 109 
 
 116 
 
 122 
 
 128 
 
 135 
 
 141 
 
 148 
 
 154 
 
 160 
 
 167 
 
 23 
 
 67 
 
 74 
 
 81 
 
 87 
 
 94 
 
 'lOl 
 
 107 
 
 114 
 
 lai 
 
 127 
 
 134 
 
 141 
 
 148 
 
 154 
 
 101 
 
 168 
 
 174 
 
 24 
 
 70 
 
 77 
 
 84 
 
 9-1 
 
 98 
 
 105 
 
 112 
 
 119 
 
 126 
 
 133 
 
 140 
 
 147 
 
 154 
 
 161 
 
 MS 
 
 175 
 
 182 
 
 25 
 
 73 
 
 80 
 
 88' 
 
 95 
 
 102 
 
 109 
 
 117 
 
 124 
 
 131 
 
 139 
 
 146 
 
 153 
 
 160 
 
 168 
 
 175 
 
 182 
 
 190 
 
 26 
 
 76 
 
 83 
 
 91 
 
 99 
 
 106 
 
 114 
 
 121 
 
 129 
 
 137 
 
 144 
 
 162 
 
 159 
 
 167 
 
 174 
 
 182 
 
 190 
 
 197 
 
 27 
 
 79 
 
 87 
 
 95 
 
 102 
 
 110 
 
 118 
 
 12S 
 
 134 
 
 142 
 
 150 
 
 158 
 
 165 
 
 173 
 
 181 
 
 189 
 
 197 
 
 205 
 
 28 
 
 82 
 
 90 
 
 98 
 
 106 
 
 114 
 
 123 
 
 131 
 
 139 
 
 147 
 
 155 
 
 163 
 
 172 
 
 180 
 
 186 
 
 196 
 
 204 
 
 212 
 
 29 
 
 85 
 
 93 
 
 102 
 
 110 
 
 118 
 
 127 
 
 135 
 
 144 
 
 152 
 
 161 
 
 169 
 
 178 
 
 166 
 
 195 
 
 203 
 
 211 
 
 220 
 
 30 
 
 88 
 
 9S 
 
 urn 
 
 114 
 
 123 
 
 131 140 
 
 149 
 
 158 
 
 166 
 
 175 
 
 134 
 
 193 
 
 201 
 
 210 
 
 219 
 
 22^ 
 
 ^ff 
 
 4 Inches Thick 4y 10 !o 26 Inches Wide. \ 
 
 S'^ 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17| 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 25 
 
 26 
 
 13" 
 
 43 
 
 ~48 
 
 52 
 
 56 
 
 61 
 
 65 
 
 69 
 
 74 
 
 78 
 
 82 
 
 87 
 
 91 
 
 ~95 
 
 100 
 
 W4 
 
 108 
 
 113 
 
 14 
 
 47 
 
 51 
 
 50 
 
 61 
 
 65 
 
 70 
 
 75 
 
 79 
 
 84 
 
 89 
 
 93 
 
 93 
 
 103 
 
 107 
 
 112 
 
 117 
 
 121 
 
 15 
 
 50 
 
 55 
 
 60 
 
 66 
 
 70 
 
 76 
 
 80 
 
 83 
 
 90 
 
 95 
 
 100 
 
 106 
 
 110 
 
 115 
 
 120 
 
 125 
 
 130 
 
 16 
 
 53 
 
 69 
 
 64 
 
 69 
 
 75 
 
 80 
 
 85 
 
 91 
 
 96 
 
 101 
 
 107 
 
 112 
 
 117 
 
 123 
 
 128 
 
 133 
 
 139 
 
 17 
 
 67 
 
 62 
 
 68 
 
 74 
 
 79 
 
 85 
 
 91 
 
 96 '102 
 
 108 
 
 113 
 
 119 
 
 126 
 
 130 
 
 136 
 
 142 
 
 147 
 
 18 
 
 60 
 
 66 
 
 72 
 
 78 
 
 84 
 
 90 
 
 96 
 
 102! 108 
 
 114 
 
 120 
 
 126 
 
 132 
 
 138 
 
 144 
 
 150 
 
 156 
 
 19 
 
 63 
 
 70 
 
 76 
 
 62 
 
 89 
 
 95 
 
 101 
 
 108 1 114 
 
 120 
 
 127 
 
 133 
 
 139 
 
 146 
 
 162 
 
 158 
 
 166 
 
 20 
 
 67 
 
 73 
 
 80 
 
 87 
 
 93 
 
 100 
 
 107 
 
 1131 120 
 
 127 
 
 133 
 
 140 
 
 147 
 
 163 
 
 160 
 
 167 
 
 173 
 
 21 
 
 70 
 
 77 
 
 84 
 
 91 
 
 98 
 
 105 
 
 112 
 
 119,126 
 
 133 
 
 140 
 
 147 
 
 154 
 
 161 
 
 163 
 
 175 
 
 182 
 
 22 
 
 73 
 
 81 
 
 68 
 
 95 
 
 103 
 
 1101 117 
 
 123 132 
 
 139 
 
 147 
 
 154 
 
 161 
 
 169 
 
 176 
 
 183 
 
 191 
 
 23 
 
 77 
 
 84 
 
 92 
 
 WO 
 
 107 
 
 115 
 
 153 
 
 130 138 
 
 146 
 
 163 
 
 161 
 
 169 
 
 176 
 
 134 
 
 192 
 
 199 
 
 24 
 
 80 
 
 88 
 
 96 
 
 104 
 
 112 
 
 120 
 
 128 
 
 136 144 
 
 152 
 
 160 
 
 168 
 
 176 
 
 184 
 
 192 
 
 200 
 
 208 
 
 25 
 
 83 
 
 92 
 
 100 
 
 W8 
 
 117 
 
 125 
 
 133 
 
 142 150 
 
 158 
 
 167 
 
 175 
 
 183 
 
 192 
 
 200 
 
 206 
 
 217 
 
 26 
 
 87 
 
 95 
 
 104 
 
 113 
 
 121 
 
 130 
 
 139 
 
 147 156 
 
 165 
 
 173 
 
 182 
 
 191 
 
 199 
 
 203 
 
 217 
 
 225 
 
 27 
 
 90 
 
 99 
 
 103 
 
 117 
 
 126 
 
 136 
 
 144 
 
 163 162 
 
 171 
 
 ISO 
 
 189 
 
 198 
 
 207 
 
 216 
 
 225 
 
 234 
 
 28 
 
 93 
 
 103 
 
 112 
 
 121 
 
 131 
 
 140 
 
 149 
 
 159 168 
 
 177 
 
 187 
 
 196 
 
 205 
 
 216 
 
 ■224 
 
 233 
 
 243 
 
 29 
 
 97 
 
 106 
 
 116 
 
 126 
 
 136 
 
 146 
 
 155 
 
 164' 174 
 
 184 
 
 193 
 
 203 
 
 213 
 
 222 
 
 232' 242 
 
 251 
 
 30 
 
 100 
 
 110 
 
 120 
 
 130 
 
 140 
 
 1601 160' 170 180 
 
 190 
 
 200 
 
 210 
 
 220 
 
 230 
 
 240' 250 
 
 260 
 
 ^6= 
 
 5 Inches Thick by 10 to 26 Inches Widt. \ 
 
 5^ 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 22 
 
 23 
 
 24 
 
 25 
 
 20 
 
 13 
 
 54 
 
 ~60 
 
 6S 
 
 "to 
 
 76 
 
 Ti 
 
 ~87 
 
 92 
 
 ~9S 
 
 M3 
 
 lOS 
 
 114 119 
 
 126 
 
 130 
 
 135 
 
 141 
 
 14 
 
 58 
 
 64 
 
 70 
 
 76 
 
 82 
 
 88 
 
 93 
 
 99 
 
 105 
 
 111 
 
 117 
 
 123 
 
 128 
 
 134 
 
 140 
 
 146 
 
 152 
 
 15 
 
 63 
 
 69 
 
 75 
 
 81 
 
 88 
 
 94 
 
 100 
 
 106 
 
 113 
 
 119 
 
 125 
 
 131 
 
 139 
 
 144 
 
 160 
 
 156 
 
 103 
 
 16 
 
 67 
 
 73 
 
 SO 
 
 87 
 
 93 
 
 100 
 
 107 
 
 113 
 
 120 
 
 127 
 
 133 
 
 140 
 
 147 
 
 153 
 
 160 
 
 167 
 
 173 
 
 17 
 
 71 
 
 78 
 
 85 
 
 92 
 
 99 
 
 106 
 
 113 
 
 120 
 
 128 
 
 136 
 
 142 
 
 149 
 
 156 
 
 163 
 
 170 
 
 177 
 
 184 
 
 18 
 
 75 
 
 83 
 
 90 
 
 98 
 
 105 
 
 113 
 
 120 
 
 128 
 
 135 
 
 143 
 
 150 
 
 168 
 
 165 
 
 173 
 
 180 
 
 188 
 
 195 
 
 19 
 
 79 
 
 87 
 
 95 
 
 103 
 
 111 
 
 119 
 
 127 
 
 135 
 
 143 
 
 150 
 
 168 
 
 106 
 
 174 
 
 182 
 
 190 
 
 198 
 
 206 
 
 20 
 
 83 
 
 92 
 
 100 
 
 166 
 
 117 
 
 125 
 
 133 
 
 142 
 
 150 
 
 158 
 
 167 
 
 176 
 
 133 
 
 192 
 
 200 
 
 206 
 
 217 
 
 21 
 
 88 
 
 96 
 
 105 
 
 114 
 
 123 
 
 131 
 
 140 
 
 149 
 
 158 
 
 166 
 
 176 
 
 184 
 
 193 
 
 201 
 
 210 
 
 219 
 
 228 
 
 22 
 
 92 
 
 10] 
 
 110 
 
 119 
 
 12S 
 
 138 
 
 147 
 
 156 
 
 165 
 
 174 
 
 183 
 
 193 
 
 202 
 
 an 
 
 220 
 
 229 
 
 238 
 
 23 
 
 96 
 
 105 
 
 lis 
 
 125 
 
 134 
 
 144 
 
 153 
 
 163 
 
 173 
 
 182 
 
 192 
 
 201 
 
 211 
 
 220 230l 
 
 240 
 
 249 
 
 24 
 
 100 
 
 110 
 
 130 
 
 130 
 
 140 
 
 ISO 
 
 160 
 
 170 
 
 ISO 
 
 190 
 
 son 
 
 210 
 
 220 230 [240 
 
 260 
 
 260 
 
 25 
 
 104 
 
 115 
 
 126 
 
 135 
 
 146 
 
 156 
 
 167 
 
 177 
 
 188 
 
 198 
 
 203 
 
 219 
 
 229 240 250 
 
 260 
 
 271 
 
 26 
 
 108 
 
 119 
 
 130 
 
 141 
 
 152 
 
 163 
 
 173 
 
 184 
 
 196 
 
 206 
 
 217 
 
 223 
 
 238 249 260 
 
 271 
 
 262 
 
 27 
 
 113 
 
 124 
 
 135 
 
 146 
 
 158 
 
 169 
 
 180 
 
 191 
 
 203 
 
 214 
 
 225 
 
 236 
 
 248 2591270 
 
 281 
 
 293 
 
 28 
 
 117 
 
 138 
 
 140 
 
 162 
 
 163 
 
 175 
 
 197 
 
 198 
 
 210 
 
 222 
 
 233 
 
 245 
 
 257 
 
 268 280 
 
 292 
 
 303 
 
 29 
 
 121 
 
 133 
 
 145 
 
 t57 
 
 169 
 
 181 
 
 193 
 
 206 
 
 213 230 1 
 
 242 
 
 254 
 
 266 
 
 278 290 302! 
 
 314 
 
 30 
 
 125 
 
 138 
 
 160 
 
 163 
 
 175 
 
 188 
 
 200 
 
 2131 
 
 225 
 
 2381 
 
 250 
 
 263 
 
 276 
 
 288 
 
 3001 
 
 313| 
 
 323 
 
88 SCANTLING KEDTJCED TO ONE INCH BOAKD MEASURE. 
 
 SCANTLING AND TIMBER MEASURE 
 
 REDVOED TO ONE INCH BOARD MEASURE. 
 
 EXPLANATION. — To ascenain the number of Feet of Scantling or Timber, 
 say 18 Feet Long and 2 by 3 Inches. Find 2 by 3 in the lop columns, and 18 
 in the .eft hand column, and under 2 by 3 and against 18 is 9 feet. 
 
 If the Scanilmgis onger than contained in the Table, add two lengths together. 
 If shorter take part of some length. 
 
 The preceding pages also contain ScantUng.and Plank Measure, 
 
 _ 
 
 Thickness and Width in Inches. | 
 
 p 
 
 3.2 2.3, 
 
 3.4 
 
 2.5 S 
 
 2.6 
 
 2.7 
 
 2.6 
 
 2.9 
 
 3.3 
 
 3.4,3.53.6 
 
 3.7 3.8, 
 
 3.9,4.4,4.51 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 2. 
 
 3. 
 
 4. 
 
 5. 
 
 6. 
 
 7. 
 
 8. 
 
 9. 
 
 4.6 
 
 6. 
 
 7. 
 
 3 9. 
 
 10.6 
 
 12. 
 
 3.6 
 
 8. 
 
 10. 
 
 7 
 
 2.4 
 
 3.6 
 
 4.8 
 
 5.10 
 
 7. 
 
 82 
 
 9.4 
 
 10.6 
 
 5.3 
 
 7. 
 
 8. 
 
 D10.6 
 
 12.3 
 
 14. 
 
 5.9 
 
 9. 
 
 411.8 
 
 8 
 
 2.8 
 
 4. 
 
 6.4 
 
 6.8 
 
 8. 
 
 9.4 
 
 lO.E 
 
 12. 
 
 6. 
 
 8. 
 
 10. 
 
 12. 
 
 14. 
 
 16. 1 
 
 8. 
 
 10. 
 
 31,3.4 
 
 9 
 
 3. 
 
 4.6 
 
 6 
 
 7,6 
 
 9. 
 
 10.6 
 
 12. 
 
 13.6 
 
 6.9 
 
 9. 
 
 11. 
 
 ! 13.6 
 
 15.9 18. i 
 
 0.3 
 
 12 
 
 16. 
 
 10 
 
 3.4 
 
 5. 
 
 6.8 
 
 84 
 
 0. 
 
 118 
 
 13.4 
 
 15. 
 
 7.6 
 
 0. 
 
 12. 
 
 3 15. 
 
 17.6 20. ■■, 
 
 2.6 
 
 13. 
 
 116.8 
 
 II 
 
 3.8 
 
 5.6 
 
 7.4 
 
 9.2 
 
 1. 
 
 12.10 
 
 14.E 
 
 16.6 
 
 8.3 
 
 11. 
 
 13. 
 
 3 16.6 
 
 19.3122. i 
 
 4.9 
 
 14. 
 
 318.4 
 
 13 
 
 4. 
 
 6. 
 
 8. 1 
 
 0. 
 
 2. 
 
 14. 
 
 16. 
 
 18. 
 
 9. 
 
 12. 
 
 15. 
 
 18. 
 
 21. 24. 5 
 
 7. 
 
 16. 
 
 2(1. 
 
 13 
 
 4,4 
 
 6.6 
 
 8.81 
 
 0.10 
 
 3. 
 
 15.2 
 
 17.4 
 
 19.6 
 
 9.9 
 
 3. 
 
 16. 
 
 3 19.6 
 
 22.926. S 
 
 9.3 
 
 17. 
 
 121.8 
 
 14 
 
 4.8 
 
 7. 
 
 9.4 1 
 
 1.8 
 
 4. 
 
 16.4 
 
 18.E 
 
 21. 
 
 10.6 
 
 4. 
 
 17. 
 
 3 21. 
 
 24.6 
 
 98. C 
 
 16 
 
 18. 
 
 3 83.4 
 
 15 
 
 5. 
 
 7.6 
 
 10. ] 
 
 2.6 
 
 15. 
 
 17.6 
 
 20. 
 
 22.6 
 
 11.3 
 
 15. 
 
 18.9123.6 
 
 26.3 
 
 30. J 
 
 13.9 
 
 SO. 
 
 35, 
 
 16 
 
 5.4 
 
 8. 
 
 10.8 ] 
 
 3.4 
 
 16. 
 
 18.8 
 
 21.4 
 
 24. 
 
 12. 
 
 16. 
 
 20. |24. 
 
 28. 
 
 32. Z 
 
 6. 
 
 21. 
 
 36.8 
 
 17 
 
 5.8 
 
 8.6 
 
 11.4] 
 
 4.2 
 
 17, 
 
 19.10 
 
 K.£ 
 
 25.6 
 
 12.9 
 
 17. 
 
 21.3 25.6 
 
 29.9 
 
 34. C 
 
 8.3 
 
 22. 
 
 326.4 
 
 18 
 
 6. 
 
 9. 
 
 12 ] 
 
 5. 
 
 18. 
 
 21. 
 
 24. 
 
 27. 
 
 13.6 
 
 18. 
 
 22.6 27. 
 
 31.6 
 
 36. 4 
 
 0.6 
 
 24. 
 
 30. 
 
 19 
 
 6.4 
 
 9.6 
 
 12.81 
 
 5.10 
 
 19. 
 
 22.2 
 
 25.4 
 
 28.6 
 
 14.3 
 
 19. 
 
 23.9 28.6 
 
 33.3 
 
 38. 4 
 
 2.9 
 
 25. 
 
 iai.8 
 
 20 
 
 6.8 
 
 10. 
 
 13.4 
 
 6.8 
 
 20. 
 
 23.4 
 
 26,6 
 
 30. 
 
 15. 
 
 20. 
 
 25. 30. 
 
 35. 
 
 40. 4 
 
 5 
 
 26. 
 
 3 33.4 
 
 21 
 
 7. 
 
 10.6 
 
 14. 
 
 7.6 
 
 21. 
 
 24.6 
 
 28. 
 
 31,6 
 
 15.9 
 
 21. 
 
 26.331.6 
 
 36.9 
 
 42. 4 
 
 7.3 
 
 28. 
 
 35. 
 
 23 
 
 7.4 
 
 11. 
 
 14,8 
 
 8.4 
 
 22. 
 
 25.8 
 
 29.4 
 
 33. 
 
 16.6 
 
 22. 
 
 27.6,33. 
 
 38.6 
 
 44. 4 
 
 9.6 
 
 29, 
 
 36.8 
 
 23 
 
 7.8 
 
 11.6 
 
 15.4 
 
 9.2 
 
 23. 
 
 26.10 
 
 30.E 
 
 34.6 
 
 17.3 
 
 23. 
 
 28.9 34.6 
 
 40.3 
 
 46. £ 
 
 1.9 
 
 30. 
 
 3 38.4 
 
 24 
 
 8. 
 
 12. 
 
 16. i 
 
 0. 
 
 24. 
 
 28. 
 
 33. 
 
 36. 
 
 18. 
 
 24. 
 
 30. 36. 
 
 42. 
 
 48. I 
 
 4. 
 
 33. 
 
 40. 
 
 25 
 
 8.4 
 
 12.6 
 
 16.8: 
 
 0.10 
 
 25. 
 
 29.2 
 
 33.4 
 
 37.6 
 
 18.9 
 
 25. 
 
 31.3 37.6 
 
 43.9 
 
 50. £ 
 
 6.3 
 
 33. 
 
 141.8 
 
 30 
 
 10. 
 
 15. 
 
 20. i 
 
 .5. 
 
 30. 
 
 35. 
 
 40. 
 
 45. 
 
 22.6 
 
 30. 
 
 37.6 45. 
 
 52.6 '60. t 
 
 7.6 
 
 40. 
 
 60. 
 
 34 
 
 11.4 
 
 17 
 
 22.8 5 
 
 8.4 
 
 34. 
 
 39.8 
 
 45.4 
 
 51. 
 
 25.634. 
 
 42.651. 
 
 59.6168. - 
 
 6.6 
 
 45. 
 
 156.8 
 
 40 
 
 13.4 
 
 JO. 
 
 26.8; 
 
 3.4 
 
 W. 
 
 46 8 
 
 53.4 
 
 |60. 
 
 30.0'40. 
 
 50. l60. 
 
 70. ISO. £ 
 
 10. 53. 
 
 ma 
 
 
 Thickness and Width in Inches, |: 
 
 1 
 
 4.6,4.7 
 
 4,8 
 
 4.9 
 
 5.5 
 
 5.6 
 
 5.7 
 
 5.8 
 
 5.9 
 
 6.6 
 
 6.7 
 
 6.8 
 
 6.9 
 
 ml 
 
 6 
 
 12. 
 
 14. 
 
 16. 
 
 ■ 18. 
 
 'l2.6 
 
 15. 
 
 17.6 
 
 20. 
 
 22.6 
 
 isT 
 
 21. 
 
 24. 
 
 '277 
 
 30. i 
 
 7 
 
 14. 
 
 16.4 
 
 18. 
 
 ! 21. 
 
 14.7 
 
 17.6 
 
 20.5 
 
 23.' 
 
 1 26.3 
 
 21. 
 
 24.6 
 
 28. 
 
 31.6 
 
 35. : 
 
 7 
 
 16. 
 
 18.8 
 
 21. 
 
 I 24. 
 
 16.8 
 
 20. 
 
 23.4 
 
 26.e 
 
 i 30. 
 
 24. 
 
 28. 
 
 32. 
 
 36. 
 
 40. 
 46 ' 
 
 9 
 
 18. 
 
 21. 
 
 24. 
 
 27. 
 
 18.9 
 
 22.6 
 
 26.3 
 
 30. 
 
 33.9 
 
 27. 
 
 31.6 
 
 36. 
 
 40.6 
 
 10 
 
 20. 
 
 234 
 
 26. 
 
 i 30. 
 
 20.10 
 
 25. 
 
 29.2 
 
 33.' 
 
 1 37.6 
 
 30. 
 
 35. 
 
 40 
 
 45. 
 
 50. 
 
 U 
 
 22. 
 
 25.8 
 
 29. 
 
 1 33. 
 
 22.11 
 
 27.6 
 
 33.1 
 
 36. 
 
 i 41.3 
 
 33. 
 
 3S.6 
 
 44. 
 
 49.6, 
 
 55. 
 
 12 
 
 24. 
 
 28. 
 
 32. 
 
 36. 
 
 25. 
 
 30. 
 
 35. 
 
 40. 
 
 45. 
 
 36. 
 
 42. 
 
 48. 
 
 64. 
 
 60. 
 
 13 
 
 56. 
 
 30.4 
 
 34. 
 
 3 39 
 
 27.1 
 
 32.6 
 
 37.11 
 
 43. 
 
 1 48.9 
 
 39. 
 
 45.6 
 
 62. 
 
 58.6 
 
 65. 1 
 
 14 
 
 28. 
 
 32.8 
 
 37. 
 
 4 42 
 
 29.2 
 
 35. 
 
 40.10 
 
 46 
 
 3 52.0 
 
 42. 
 
 49. 
 
 66. 
 
 63. 
 
 70. 
 
 15 
 
 30. 
 
 35. 
 
 40. 
 
 45 
 
 31.3 
 
 37.6 
 
 43.9 
 
 50. 
 
 56.3 
 
 45. 
 
 52.6 
 
 60. 
 
 67.6 
 
 75. 
 
 16 
 
 32. 
 
 37 4 
 
 42. 
 
 3 4S 
 
 33.4 
 
 40. 
 
 46.8 
 
 53. 
 
 1 60. 
 
 48. 
 
 66. 
 
 64. 
 
 72. 
 
 80. 
 
 17 
 
 34. 
 
 39.t 
 
 45. 
 
 4 51 
 
 35.5 
 
 42.6 
 
 49.7 
 
 56. 
 
 3 63.9 
 
 51. 
 
 59.6 
 
 68. 
 
 76.6 
 
 85. 
 
 18 
 
 36. 
 
 42. 
 
 48. 
 
 54 
 
 37.6 
 
 45. 
 
 52.6 
 
 60. 
 
 67.6 
 
 54. 
 
 63. 
 
 72. 
 
 81. 
 
 90. 
 
 19 
 
 38. 
 
 ■44.4 
 
 50. 
 
 B 57 
 
 39.7 
 
 47.6 
 
 55.5 
 
 63. 
 
 i 71.3 
 
 57. 
 
 66.6 
 
 76. 
 
 S6.6 
 
 95, 
 
 20 
 
 40. 
 
 46.6 
 
 53. 
 
 4 60 
 
 41.8 
 
 60. 
 
 68.4 
 
 66. 
 
 3 75. 
 
 60. 
 
 70. 
 
 80. 
 
 90. 
 
 lOOi 
 
 21 
 
 42. 
 
 49. 
 
 56. 
 
 63 
 
 43.9 
 
 52.6 
 
 61.3 
 
 70. 
 
 78.9 
 
 63. 
 
 73.6 
 
 84. 
 
 94.6 
 
 ioi„. 
 
 32 
 
 44. 
 
 51 .< 
 
 1 58 
 
 8 66 
 
 46.10 
 
 55. 
 
 64,2 
 
 73. 
 
 4 82.6 
 
 66. 
 
 77. 
 
 88. 
 
 99. 
 
 no. 
 
 23 
 
 46. 
 
 53.f 
 
 ) 61 
 
 4 69 
 
 47.11 
 
 57.6 
 
 67.1 
 
 76. 
 
 B 86.3 
 
 69. 
 
 80.6 
 
 92. 
 
 103.6 
 
 115. 
 
 24 
 
 48. 
 
 66. 
 
 64 
 
 72 
 
 aa. 
 
 60. 
 
 70. 
 
 80. 
 
 90. 
 
 72. 
 
 84. 
 
 96. 
 
 108. 
 
 ISO. 
 
 25 
 
 50. 
 
 63. 
 
 1 66 
 
 8 75 
 
 52.1 
 
 «2.6 
 
 72.11 
 
 83. 
 
 4 93.9 
 
 75. 
 
 87.6 
 
 100. 
 
 112.6 
 
 195. 
 
 30 
 
 60. 
 
 70. 
 
 80 
 
 90 
 
 62.6 
 
 75. 
 
 87.6- 
 
 100. 
 
 112.6 
 
 90. 
 
 105. 
 
 120. 
 
 136. 
 
 150. 
 
 34 
 
 6S. 
 
 79. 
 
 1 90 
 
 8 102 
 
 70.10 
 
 85. 
 
 99.2 
 
 113. 
 
 4 127.6 102. 
 
 119. 136. 
 
 153. 
 
 170. 
 
 40 
 
 80 
 
 93. 
 
 1 106.8'120. 183.4 
 
 100. 
 
 116 8 
 
 133.41166. Il20. 
 
 140. 160. 
 
 180. 
 
 200, 
 
SOANTLIN& HEBUCED TO ONE INCH BOARD MEASURE. 89 
 
 -• 
 
 Thickness and Width in Inches. 
 
 1 
 
 6 
 
 6.11 
 33. 
 
 612 
 
 36. 
 
 7.7 
 
 7.8 
 
 7.9 
 
 "aw 
 
 7.1C 
 
 1 7.11 
 
 38.6 
 
 7.12 
 
 42. 
 
 8.8 
 "327 
 
 8.9 
 
 36. 
 
 8.10 
 
 40. 
 
 8.11 8.12 
 44. 48. 
 
 24.6 
 
 35. 
 
 7 
 
 38.6 
 
 42. 
 
 28.7 
 
 32.8 
 
 36,S 
 
 40. K 
 
 44.11 
 
 49. 
 
 37.4 
 
 42. 
 
 46,8 
 
 51.4 66. 
 
 8 
 
 44. 
 
 48. 
 
 32.8 
 
 37.4 
 
 42. 
 
 46.8 
 
 51.4 
 
 56. 
 
 42.8 
 
 48. 
 
 53.4 
 
 58.8 64. 
 
 ■9 
 
 496 
 
 54. 
 
 36.9 
 
 42. 
 
 47,C 
 
 S2.6 
 
 57.9 
 
 63. 
 
 48. 
 
 54. 
 
 60. 
 
 66. 
 
 72. 
 
 i 
 
 S5. 
 
 60. 
 
 40.10 
 
 46-.8 
 
 52.e 
 
 58.4 
 
 64.2 
 
 70. 
 
 53.4 
 
 60. 
 
 66.8 
 
 73.4 8t 1 
 
 60.6 
 
 06. 
 
 44.11 
 
 51.4 
 
 57,£ 
 
 64.2 
 
 70.7 
 
 77. 
 
 S8.8 
 
 66. 
 
 73.4 
 
 80.8 88. 1 
 
 la 
 
 66. 
 
 72. 
 
 49. 
 
 56. 
 
 63. 
 
 70. 
 
 77. 
 
 84. 
 
 64. 
 
 72. 
 
 80. 
 
 88. 
 
 96. 
 
 13 
 
 71.6 
 
 78. 
 
 53.1 
 
 60.8 
 
 68.: 
 
 75.n 
 
 83.5 
 
 91. 
 
 69.4 
 
 78. 
 
 86,8 
 
 95.4 104. 1 
 
 •w 
 
 77. 
 
 84. 
 
 57.2 
 
 65.4 
 
 73.e 
 
 ei.s 
 
 89- 1( 
 
 98. 
 
 74.8 
 
 84. 
 
 ■93.4 
 
 102.8 112. 1 
 
 15 
 
 83.6 
 
 90. 
 
 61.3 
 
 70. 
 
 7!J.£ 
 
 87.6 
 
 98.3 
 
 105. 
 
 80. 
 
 90. 
 
 100. 
 
 110. 
 
 120. 
 
 16 
 
 88. 
 
 96. 
 
 65.4 
 
 74.8 
 
 84. 
 
 93.4 
 
 102.8 
 
 U2. 
 
 «5.4 
 
 96. 
 
 1'06.8 
 
 117.4 128. 1 
 
 17 
 
 93.6 
 
 102. 
 
 69.5 
 
 79.4 
 
 89.C 
 
 99.2 
 
 109.1 
 
 119. 
 
 flO.8 
 
 102. 
 
 113.4 
 
 124.8 136. 1 
 
 •18 
 
 99. 
 
 108. 
 
 73.6 
 
 84. 
 
 94 e 
 
 105. 
 
 115.6 
 
 126. 
 
 96. 
 
 lOS. 
 
 120. 
 
 132. 
 
 •144. 
 
 19 
 
 104.6 
 
 114. 
 
 77.7 
 
 8S.8 
 
 99.£ 
 
 IIO.U 
 
 121.11 
 
 133. 
 
 101.4 
 
 114. 
 
 126.8 
 
 139.4 152. 1 
 
 20 
 
 110. 
 
 120. 
 
 81.8 
 
 93.4 
 
 105. 
 
 116.8 
 
 128.4 
 
 140. 
 
 106.8 
 
 120. 
 
 133.4 
 
 146.8 leO. 1 
 
 SI 
 
 115.6 
 
 126. 
 
 85.9 
 
 98. 
 
 110.: 
 
 122.6 
 
 134.9 
 
 147. 
 
 112. 
 
 126. 
 
 140. 
 
 154. 
 
 16B. 1 
 
 22 
 
 121. 
 
 132. 
 
 89.10 
 
 102.8 
 
 115.f 
 
 128,4 
 
 141.2 
 
 154. 
 
 117.4 
 
 132. 
 
 146.8 
 
 161.41,176. 1 
 
 23 
 
 126.6 
 
 138. 
 
 93 11 
 
 107.4 
 
 120.£ 
 
 134.2 
 
 147.7 
 
 161. 
 
 122.8 
 
 138. 
 
 153.4 
 
 168.81 184. 1 
 
 2£ 
 
 132. 
 
 144. • 
 
 88. 
 
 112. 
 
 126. 
 
 140. 
 
 154. 
 
 168. 
 
 128. 
 
 144. 
 
 160.' 
 
 176. 
 
 192; 
 
 J 
 
 Thickness and Width in Inches. \ 
 
 6 
 
 9.9 
 
 9.10 £ 
 
 .11 
 
 9.12 
 
 10.10 
 
 10.11 
 
 10.12:11.11 Ii;i2|12.12 12.18 
 
 12.14 
 
 40.6 
 
 45. 
 
 49.6 
 
 54. 
 
 so. 
 
 55. 
 
 to. 
 
 tO.6 
 
 06. 
 
 72. 
 
 78. 
 
 84. 
 
 7 
 
 47:3 
 
 52.6 
 
 57.9 
 
 63. 
 
 58.4 
 
 64.2 
 
 70. 
 
 70.7 
 
 77. 
 
 84. 
 
 91. 
 
 98. 
 
 8 
 
 54. 
 
 60. 
 
 66. 
 
 72. 
 
 66.8 
 
 73.4 
 
 ■- 80. 
 
 80.8 
 
 88. 
 
 96. 
 
 104. 
 
 112. 
 
 9 
 
 60.9 
 
 67.6 
 
 74.3 
 
 81.- 
 
 75. 
 
 82.6 
 
 90. 
 
 90.9 
 
 99. 
 
 108. 
 
 117. 
 
 126. 
 
 10 
 
 67.6 
 
 75. 
 
 82.6 
 
 90. 
 
 83.4 
 
 91.8 
 
 100. 
 
 100.10 
 
 110. 
 
 120. 
 
 130. 
 
 140. 
 
 11 
 
 74.3 
 
 82.6 
 
 90.9 
 
 99. 
 
 91.8 
 
 100.10 
 
 110. 
 
 110.11 
 
 121. 
 
 132. 
 
 143. 
 
 154. 
 
 la 
 
 81. 
 
 90. 
 
 99. 
 
 108. 
 
 100. 
 
 110. 
 
 120. 
 
 121. 
 
 132. 
 
 144. 
 
 156. 
 
 168. 
 
 13 
 
 87.9 
 
 97.6 1 
 
 07.3 
 
 117. 
 
 108.4 
 
 119.2 
 
 130. 
 
 131.1 
 
 143. 
 
 156. 
 
 169. 
 
 182. 
 
 14 
 
 94.6 
 
 105. 1 
 
 15.6 
 
 126. 
 
 116.8 
 
 128,4 
 
 140. 
 
 141.2 
 
 154. 
 
 168. 
 
 182. 
 
 196. 
 
 IS. 
 
 101.3 
 
 iia.* 1 
 
 93.9 
 
 135. 
 
 125. 
 
 137.6 
 
 150. 
 
 151.3 
 
 165. 
 
 180. 
 
 195. 
 
 210. 
 
 16 
 
 108. 
 
 120. 1 
 
 32. 
 
 144. 
 
 133.4 
 
 146.8 
 
 160. 
 
 161.4. 
 
 176. 
 
 192. 
 
 208. 
 
 224. 
 
 17 
 
 114.9 
 
 127.6 1 
 
 40.3 
 
 153. 
 
 141.8 
 
 155.10 
 
 170. 
 
 171.5 
 
 187. 
 
 204. 
 
 221. 
 
 238. 
 
 m 
 
 121.6 
 
 35. 1 
 
 48,6 
 
 162. 
 
 1.10. 
 
 165. 
 
 180. 
 
 181.0 
 
 198. 
 
 216. 
 
 234. 
 
 S52. 
 
 19 
 
 128.3 
 
 42.61 
 
 S6.9 
 
 171. 
 
 158.4 
 
 174.2 
 
 190r 
 
 191.7 
 
 209. 
 
 228. 
 
 247. 
 
 266. 
 
 20 
 
 135. 
 
 50. 1 
 
 65. 
 
 180. 
 
 166.8 
 
 183.4 
 
 200. 
 
 201.8 
 
 220. 
 
 240, 
 
 260. 
 
 280. 
 
 21 
 
 141.9 
 
 57.61 
 
 73.3 
 
 189. 
 
 175. 
 
 192.6 
 
 210. 
 
 211.9 
 
 23i. 
 
 252. 
 
 273. 
 
 294. 
 
 22 
 
 148.6 
 
 65. 1 
 
 81.6 
 
 198., 
 
 183.4' 
 
 .201.8 
 
 220. 
 
 221.10 
 
 242. 
 
 264. 
 
 286. 
 
 308. 
 
 23 
 
 155.3 
 
 172.6 1 
 
 89.9 
 
 287. 
 
 191.8 
 
 ■iie.io 
 
 230. 
 
 231.Jlj 253. 
 
 276. 
 
 299. 
 
 322. 
 
 24 
 
 162. 
 
 180. 1 
 
 98. 
 
 216. 
 
 200. 
 
 220. 
 
 240. 
 
 242. ' 264. 
 
 288. 
 
 312. 
 
 336. 
 
 ^ 
 
 Thickness and Width ire Inches. \ 
 
 I 
 6 
 
 12.1£ 
 
 .12.1 
 
 6 13.13 
 
 131411315 
 
 13.16 
 
 14.14 
 
 14.15 
 
 14.16 
 
 15.15 
 
 15.16 
 
 90. 
 
 96. 
 
 84.6 
 
 91. 
 
 97.6 
 
 104. 
 
 ■ .98 
 
 105. 
 
 112.. : 
 
 112 6 
 
 ISO. 
 
 7 
 
 105 
 
 112. 
 
 98.7 
 
 106 2 
 
 113.9 
 
 121.4 
 
 114.4 
 
 122.6 
 
 130.8 
 
 131.3 
 
 140. 
 
 B 
 
 120. 
 
 128. 
 
 112.8 
 
 121.4 
 
 130. 
 
 138.8 
 
 130.8 
 
 140. 
 
 149.4 
 
 150. 
 
 160. 
 
 9 
 
 135. 
 
 144. 
 
 126.9 
 
 136.6 
 
 146.3 
 
 156, 
 
 147. 
 
 U57.6 
 
 168. 
 
 168.9 
 
 180. 
 
 JO 
 
 150. 
 
 160. 
 
 140.10 
 
 151.8 
 
 162.6 
 
 173.4 
 
 163.4 
 
 175. 
 
 186.8 
 
 187.6 
 
 200. 
 
 i1 
 
 165. 
 
 176 
 
 154.11 
 
 166.10 
 
 178.9 
 
 190.8 
 
 179.8 
 
 192.6 
 
 205.4 
 
 206.3 
 
 220. 
 
 .1-3 
 
 180. 
 
 192. 
 
 169. 
 
 182. 
 
 195. 
 
 208. 
 
 196. 
 
 210. 
 
 224. 
 
 225. 
 
 240. 
 
 13 
 
 195. 
 
 20& 
 
 183.1 
 
 197.2 
 
 211.3 
 
 225.4 
 
 212.4 
 
 227.6 
 
 242.8 
 
 243.9 
 
 260. 
 
 14 
 
 210. 
 
 224. 
 
 197.2 
 
 212.4 
 
 227.6 
 
 242.8 
 
 228.8 
 
 245. 
 
 261.4 
 
 262.6 
 
 280. 
 
 15 
 
 225. 
 
 240. 
 
 211.3 
 
 227.6 
 
 243.9 
 
 260. 
 
 245. 
 
 262.6 
 
 280. 
 
 281.3 
 
 300. 
 
 ^S 
 
 240. 
 
 256. 
 
 225.4 
 
 242.8 
 
 260. 
 
 27T.4 
 
 261.4 
 
 280. ■■ 
 
 298.8 
 
 300. 
 
 3S0. 
 
 17 
 
 255. 
 
 272. 
 
 239.5 
 
 257.10 
 
 276.3 
 
 294.8 
 
 277.8 
 
 297.6 
 
 317.4 
 
 318.9 
 
 340. 
 
 18 
 
 270. 
 
 288. 
 
 243.6 
 
 273. 
 
 292.6 
 
 312. 
 
 290. ■ 
 
 314. ■ 
 
 336. 
 
 337,6 . 
 
 360. 
 
 19 
 
 265. 
 
 304. 
 
 257.7 
 
 288.2. 
 
 308,9 
 
 329.4 
 
 310.4 
 
 332.6 
 
 354.8 
 
 356.3 
 
 380. 
 
 20 
 
 300. 
 
 320. 
 
 271.8. 
 
 303.4 
 
 .325. 
 
 346.8 
 
 326.8 
 
 350. 
 
 '373.4 
 
 375. 
 
 400. 
 
 21 
 
 315. ■ 
 
 336. 
 
 285.9 
 
 318.6 
 
 341.3 
 
 364. 
 
 343. 
 
 367.6 
 
 392. 
 
 393.9 
 
 420. 
 
 22 
 
 330. 
 
 352. 
 
 299.10 
 
 333.8 
 
 357.6 
 
 381.4 
 
 359.4 
 
 385. 
 
 410.8 ■ 
 
 412.6 
 
 440. 
 
 23 
 
 345. 1 368. 
 
 313.11 
 
 348.10 
 
 373.9 
 
 398^ 
 
 375.8 
 
 ^02.6 
 
 429.4 
 
 431.3 '460.. 1 
 
 54 
 
 J60. 1 384. 1 338. 1 
 
 364. 
 
 4161* 
 
 39B. 
 
 420. 
 
 448. 4.50. ! 480. 1 
 
 BMA 
 
 8* 
 
90 
 
 BOARD AND PLANK MEASTTREMENT. 
 
 BOARD AND PLANK MEASUREMENT — AT SIGHT; 
 
 Tliia Table gives the Square Feet and Inches in Boards from 6 to 25 inches wide and 
 from 8 to 86 feet long. If a board be longer than 36 feet, unite two numhers. For 
 instance, if aBoard is 40 feet long and 16 inches wide— add 30 and 10 and you have 58ft. 
 4 in. For 2 inch Plank double the peoducx. See also Board Table, p. 84. 
 
 If 
 
 8 
 g 
 
 OinW 
 
 /(. in. 
 
 7iiiW 
 
 8inW 
 
 9 in 
 
 w 
 
 lOiQ 
 
 WllinW 
 
 12inf 
 
 13inW 
 
 MinW 
 
 15inf 
 
 /(. in. 
 
 /(. in. 
 
 /(. in. 
 
 /(. in. 
 ^ 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 /(. in. 
 
 4 
 
 
 
 4 3 
 
 S 
 
 4 
 
 6 
 
 8 
 
 7 
 
 4 
 
 S 
 
 
 
 8 8 
 
 4 
 
 10 
 
 4 
 
 6 
 
 5 3 
 
 8 
 
 
 
 6 
 
 9 
 
 7 
 
 6 
 
 8 
 
 3 
 
 9 
 
 
 
 9 8 
 
 10 6 
 
 11 3 
 
 10 
 
 5 
 
 
 
 5 10 
 
 6 
 
 8 
 
 7 
 
 6 
 
 8 
 
 4 
 
 9 
 
 3 
 
 10 
 
 
 
 10 10 
 
 11 8 
 
 12 6 
 
 11 
 
 5 
 
 6 
 
 6 5 
 
 7 
 
 4 
 
 8 
 
 3 
 
 9 
 
 3 
 
 10 
 
 1 
 
 11 
 
 
 
 11 11 
 
 12 10 
 
 13 9 
 
 12 
 
 6 
 
 
 
 7 
 
 8 
 
 
 
 9 
 
 
 
 10 
 
 
 
 11 
 
 
 
 13 
 
 
 
 13 
 
 14 
 
 15 
 
 i3 
 
 6 
 
 6 
 
 7 7 
 
 8 
 
 8 
 
 9 
 
 9 
 
 10 10 
 
 11 11 
 
 13 
 
 
 
 14 1 
 
 15 2 
 
 16 3 
 
 14 
 
 7 
 
 
 
 8 2 
 
 9 
 
 4 
 
 10 
 
 6 
 
 11 
 
 8 
 
 12 10 
 
 14 
 
 
 
 15 3 
 
 16 4 
 
 17 6 
 
 15 
 
 7 
 
 6 
 
 8 9 
 
 10 
 
 
 
 11 
 
 3 
 
 12 
 
 6 
 
 13 
 
 9 
 
 15 
 
 
 
 16 3 
 
 17 6 
 
 18 9 
 
 16 
 
 8 
 
 
 
 9 4 
 
 10 
 
 8 
 
 12 
 
 
 
 13 
 
 4 
 
 14 
 
 8 
 
 16 
 
 
 
 17 4 
 
 13 3 
 
 20 
 
 17 
 
 8 
 
 6 
 
 9 11 
 
 11 
 
 4 
 
 12 
 
 9 
 
 14 
 
 2 
 
 15 
 
 7 
 
 17 
 
 
 
 18 5 
 
 19 10 
 
 21 3 
 
 18 
 
 9 
 
 
 
 10 6 
 
 12 
 
 
 
 13 
 
 6 
 
 15 
 
 
 
 16 
 
 6 
 
 18 
 
 
 
 19 6 
 
 21 
 
 33 6 
 
 19 
 
 9 
 
 6 
 
 11 1 
 
 12 
 
 8 
 
 14 
 
 3 
 
 15 
 
 10 
 
 17 
 
 S 
 
 19 
 
 
 
 20 7 
 
 22 2 
 
 23 9 
 
 20 
 
 10 
 
 
 
 11 8 
 
 13 
 
 4 
 
 15 
 
 
 
 16 
 
 8 
 
 18 
 
 4 
 
 20 
 
 
 
 31 8 
 
 23 4 
 
 25 
 
 21 
 
 10 
 
 6 
 
 12 3 
 
 14 
 
 
 
 15 
 
 9 
 
 17 
 
 6 
 
 19 
 
 3 
 
 21 
 
 
 
 22 9 
 
 24 6 
 
 36 3 
 
 22 
 
 11 
 
 
 
 12 10 
 
 14 
 
 8 
 
 16 
 
 6 
 
 18 
 
 4 
 
 20 
 
 3 
 
 33 
 
 
 
 23 10 
 
 25 8 
 
 27 6 
 
 23 
 
 11 
 
 6 
 
 13 5 
 
 15 
 
 4 
 
 17 
 
 3 
 
 19 
 
 2 
 
 31 
 
 1 
 
 23 
 
 
 
 24 11 
 
 2li 10 
 
 28 9 
 
 24 
 
 12 
 
 
 
 14 
 
 16 
 
 
 
 18 
 
 
 
 20 
 
 
 
 32 
 
 
 
 24 
 
 
 
 26 
 
 23 
 
 30 
 
 25 
 
 12 
 
 6 
 
 14 7 
 
 16 
 
 8 
 
 18 
 
 9 
 
 ao 10 
 
 22 
 
 11 
 
 25 
 
 
 
 27 1 
 
 29 2 
 
 31 3 
 
 26 
 
 13 
 
 
 
 15 2 
 
 17 
 
 4 
 
 19 
 
 6 
 
 31 
 
 8 
 
 33 
 
 10 
 
 36 
 
 
 
 28 2 
 
 30 4 
 
 32 6 
 
 27 
 
 13 
 
 6 
 
 15 9 
 
 18 
 
 
 
 20 
 
 3 
 
 22 
 
 6 
 
 24 
 
 9 
 
 27 
 
 
 
 29 3 
 
 31 6 
 
 33 9 
 
 28 
 
 14 
 
 
 
 16 4 
 
 18 
 
 8 
 
 21 
 
 
 
 33 
 
 4 
 
 Q5 
 
 8 
 
 28 
 
 
 
 30 4 
 
 32 8 
 
 35 
 
 29 
 
 14 
 
 6 
 
 16 11 
 
 19 
 
 4 
 
 21 
 
 9 
 
 24 
 
 3 
 
 36 
 
 7 
 
 29 
 
 
 
 31 5 
 
 33 10 
 
 36 3 
 
 30 
 
 15 
 
 
 
 17 6 
 
 20 
 
 
 
 22 
 
 6 
 
 25 
 
 
 
 27 
 
 6 
 
 30 
 
 
 
 32 6 
 
 35 
 
 37 6 
 
 31 
 
 15 
 
 6 
 
 IS 1 
 
 20 
 
 8 
 
 23 
 
 3 
 
 25 10 
 
 28 
 
 5 
 
 31 
 
 
 
 33 7 
 
 36 2 
 
 38 9 
 
 32 
 
 16 
 
 
 
 18 8 
 
 31 
 
 4 
 
 24 
 
 
 
 26 
 
 8 
 
 39 
 
 4 
 
 32 
 
 
 
 34 8 
 
 37 4 
 
 40 
 
 33 
 
 16 
 
 6 
 
 19 3 
 
 22 
 
 
 
 24 
 
 9 
 
 27 
 
 6 
 
 30 
 
 3 
 
 33 
 
 (1 
 
 35 9 
 
 38 6 
 
 41 3 
 
 34 
 
 17 
 
 
 
 19 10 
 
 22 
 
 8 
 
 25 
 
 6 
 
 26 
 
 4 
 
 31 
 
 2 
 
 34 
 
 
 
 36 10 
 
 39 3 
 
 43 6 
 
 35 
 
 17 
 
 6 
 
 20 5 
 
 23 
 
 4 
 
 26 
 
 3 
 
 29 
 
 2 
 
 32 
 
 1 
 
 35 
 
 
 
 37 11 
 
 40 10 
 
 43 9 : 
 
 30 
 
 18 
 
 _0 
 
 21 
 
 24 
 
 
 
 27 
 
 
 
 30 
 
 
 
 33 
 
 
 
 36 
 
 (1 
 
 39 
 
 42 
 
 45 
 
 
 B 
 
 OA.RD 
 
 TABLE 
 
 M 
 
 EASUEEME 
 
 IT- 
 
 - CONTINUED. 1 
 
 1 
 
 16in 
 
 w 
 
 17inW 
 
 18inW 
 
 19inW 
 
 20inW 
 
 21iiiW 
 
 M 
 
 23iDW 
 
 2linW 
 
 25iEW 
 
 n. 
 
 ft. in. 
 
 ft- 
 
 in. 
 
 /'. 
 
 n. 
 
 ft. in. 
 13 4 
 
 ft. 
 
 n. 
 
 ft. 
 
 n. 
 
 ft. in. 
 
 A'»- 
 
 ft. m. 
 16 S 
 
 ~8 
 
 10 
 
 ~8 
 
 11 4 
 
 12 
 
 ~0 
 
 12 
 
 ~8 
 
 IT 
 
 ~0 
 
 14 
 
 "8 
 
 15 4 
 
 16 
 
 9 
 
 12 
 
 
 
 12 9 
 
 13 
 
 6 
 
 14 
 
 3 
 
 15 
 
 
 
 15 
 
 9 
 
 16 
 
 6 
 
 17 3 
 
 18 
 
 IS 9 
 
 10 
 
 13 
 
 4 
 
 14 a 
 
 15 
 
 
 
 15 
 
 10 
 
 16 
 
 8 
 
 17 
 
 6 
 
 18 
 
 4 
 
 19 2 
 
 30 
 
 20 10 
 
 11 
 
 14 
 
 8 
 
 15 7 
 
 16 
 
 6 
 
 17 
 
 5 
 
 18 
 
 4 
 
 19 
 
 3 
 
 20 
 
 2 
 
 21 1 
 
 22 
 
 22 11 
 
 12 
 
 16 
 
 
 
 17 
 
 18 
 
 
 
 19 
 
 
 
 20 
 
 1) 
 
 21 
 
 
 
 22 
 
 
 
 23 
 
 24 
 
 25 
 
 13 
 
 17 
 
 ', 
 
 18 5 
 
 19 
 
 6 
 
 20 
 
 7 
 
 21 
 
 8 
 
 22 
 
 9 
 
 23 
 
 10 
 
 84 11 
 
 26 
 
 27 1 
 
 14 
 
 18 
 
 8 
 
 19 10 
 
 21 
 
 
 
 23 
 
 2 
 
 23 
 
 4 
 
 24 
 
 6 
 
 25 
 
 8 
 
 26 10 
 
 28 
 
 29 2 
 
 15 
 
 20 
 
 
 
 21 3 
 
 22 
 
 6 
 
 23 
 
 9 
 
 25 
 
 
 
 26 
 
 3 
 
 27 
 
 6 
 
 28 9 
 
 30 
 
 31 3 
 
 16 
 
 21 
 
 4 
 
 22 8 
 
 24 
 
 
 
 25 
 
 4 
 
 26 
 
 8 
 
 28 
 
 
 
 29 
 
 4 
 
 30 8 
 
 39 
 
 33 4 
 
 17 
 
 22 
 
 8 
 
 S4 1 
 
 25 
 
 6 
 
 20 
 
 11 
 
 28 
 
 4 
 
 29 
 
 9 
 
 31 
 
 3 
 
 32 7 
 
 34 
 
 35 5 
 
 18 
 
 24 
 
 
 
 25 6 
 
 27 
 
 
 
 28 
 
 6 
 
 30 
 
 
 
 31 
 
 6 
 
 33 
 
 
 
 34 6 
 
 36 
 
 37 6 
 
 19 
 
 25 
 
 4 
 
 26 11 
 
 28 
 
 6 
 
 30 
 
 1 
 
 31 
 
 8 
 
 33 
 
 3 
 
 34 10 
 
 36 5 
 
 38 
 
 39 7 
 
 20 
 
 28 
 
 8 
 
 28 4 
 
 30 
 
 
 
 31 
 
 8 
 
 33 
 
 4 
 
 35 
 
 
 
 36 
 
 8 
 
 38 4 
 
 40 
 
 41 S 
 
 21 
 
 28 
 
 
 
 29 9 
 
 31 
 
 61 33 
 
 3 
 
 35 
 
 
 
 36 
 
 9 
 
 33 
 
 6 
 
 40 3 
 
 43 
 
 43 9 
 
 22 
 
 29 
 
 4 
 
 31 2 
 
 33 
 
 
 
 34 
 
 10 
 
 36 
 
 8 
 
 38 
 
 6 
 
 40 
 
 4 
 
 4a 2 
 
 44 
 
 45 lU 
 
 23 
 
 30 
 
 8 
 
 32 7 
 
 34 
 
 6 
 
 36 
 
 5 
 
 38 
 
 4 
 
 40 
 
 3 
 
 42 
 
 2 
 
 44 1 
 
 46 
 
 47 11 
 
 24 
 
 32 
 
 
 
 34 
 
 36 
 
 U 
 
 38 
 
 
 
 40 
 
 
 
 42 
 
 
 
 44 
 
 
 
 46 
 
 48 
 
 50 
 
 25 
 
 33 
 
 4 
 
 35 5 
 
 37 
 
 6 
 
 39 
 
 7 
 
 41 
 
 8 
 
 43 
 
 9 
 
 45 
 
 10 
 
 47 11 
 
 50 
 
 52 1 
 
 26 
 
 34 
 
 8 
 
 36 10 
 
 39 
 
 
 
 41 
 
 2 
 
 43 
 
 4 
 
 45 
 
 6 
 
 47 
 
 8 
 
 49 10 
 
 52 
 
 54 2 
 
 27 
 
 36 
 
 
 
 38 3 
 
 40 
 
 6 
 
 42 
 
 9 
 
 45 
 
 u 
 
 47 
 
 3 
 
 49 
 
 6 
 
 51 9 
 
 54 
 
 56 3 
 
 28 
 
 37 
 
 4 
 
 39 8 
 
 42 
 
 
 
 44 
 
 4 
 
 46 
 
 8 
 
 49 
 
 
 
 51 
 
 4 
 
 S3 8 
 
 58 
 
 53 4 
 
 29 
 
 38 
 
 8 
 
 41 1 
 
 43 
 
 6 
 
 45 11 
 
 48 
 
 4 
 
 50 
 
 9 
 
 53 
 
 a 
 
 55 7 
 
 53 
 
 60 5 
 
 30 
 
 40 
 
 C 
 
 42 6 
 
 45 
 
 C 
 
 47 
 
 6 
 
 50 
 
 
 
 52 
 
 6 
 
 55 
 
 
 
 57 6 
 
 60 
 
 63 6 
 
LOGS REDUCED TO RUNNING BOARD MEASURE. 
 
 91 
 
 LOGS REDUCED TO ONE INCH BOARD MEASURE. 
 
 If Ihe log is longer than is contained in the table, take any two lengths. 
 
 The first column on the left gives the length of the Log in feet. The iigurea 
 under D denote the diameters of the Logs in inches. Fractional parts of inches 
 are not given. 
 
 The diameter of timber is usually taken 20 feet from the butt. All logs 
 short of 20 feet, take the diameter at the top, or small end. 
 
 To find the number of feet of boards which a log will produce when sawed, 
 take the length of feet in the first column on the left hand, and the diameter at 
 the lop of the page in inches 
 
 Suppose a log 35 feet long and 24 inches diameter. In the left hand column 
 is the length, and opposite 12 and under 24 is 3U0, the number of feel of boards 
 in a log of that length and diameter. 
 
 10 
 11 
 13 
 13 
 14 
 15 
 16 
 17 
 IS 
 19 
 20 
 21 
 23 
 23 
 24 
 35 
 26 
 27 
 33 
 39 
 30 
 31 
 
 D. 
 
 12 
 
 D. 
 
 13 
 
 D. 
 
 14 
 
 D. 
 
 15 
 
 D. 
 
 16 
 
 D. 
 
 17 
 
 D. 
 
 18 
 
 D. 
 
 19 
 
 D. 
 
 20 
 
 D. 
 
 21 
 
 D. 
 
 23 
 
 D. 
 
 23 
 
 D. 
 
 24 
 
 54 
 59 
 64 
 69 
 74 
 79 
 84 
 89 
 94 
 99 
 104 
 109 
 114 
 119 
 184 
 129 
 134 
 139 
 144 
 149 
 154 
 159 
 
 66 
 72 
 78 
 84 
 90 
 96 
 102 
 103 
 lit 
 121 
 127 
 133 
 139 
 145 
 151 
 157 
 163 
 169 
 17S 
 181 
 187 
 193 
 
 76 
 83 
 90 
 97 
 104 
 111 
 118 
 126 
 133 
 140 
 147 
 154 
 161 
 168 
 176 
 183 
 190 
 197 
 204 
 211 
 218 
 225 
 
 93 
 102 
 111 
 120 
 129 
 138 
 146 
 155 
 164 
 173 
 1S2 
 191 
 200 
 209 
 218 
 227 
 236 
 245 
 254 
 263 
 272 
 281 
 
 104 
 114 
 
 m 
 
 134 
 144 
 154 
 164 
 173 
 ■183 
 193 
 203 
 313 
 223 
 233 
 243 
 253 
 263 
 273 
 283 
 293 
 303 
 313 
 
 170 
 131 
 143 
 154 
 166 
 177 
 189 
 20(1 
 212 
 223 
 236 
 247 
 269 
 270 
 282 
 293 
 305 
 316 
 328 
 339 
 351 
 363 
 
 137 
 
 151 
 
 164 
 
 177 
 
 191 
 
 304 
 
 217 
 
 231 
 
 244 
 
 257 
 
 271 
 
 284 
 
 297 
 
 311 
 
 334 
 
 337 
 
 350 
 
 363' 
 
 376 
 
 389 
 
 408 
 
 415 
 
 154 
 169 
 184 
 199 
 214 
 229 
 244 
 259 
 374 
 289 
 304 
 319 
 334 
 349 
 364 
 379 
 394 
 409 
 424 
 439 
 454 
 469 
 
 179 
 196 
 214 
 231 
 249 
 266 
 284 
 301 
 319 
 336 
 354 
 371 
 389 
 407 
 424 
 442 
 459 
 477 
 494 
 512 
 529 
 547 
 
 194 
 313 
 232 
 251 
 270 
 289 
 303 
 327 
 346 
 365 
 384 
 403 
 422 
 441 
 460 
 479 
 493 
 517 
 536 
 555 
 574 
 593 
 
 210 
 231 
 253 
 273 
 293 
 314 
 335 
 356 
 377 
 398 
 419 
 440 
 461 
 481 
 502 
 523 
 544 
 665 
 686 
 607 
 623 
 649 
 
 237 
 261 
 285 
 308 
 333 
 355 
 379 
 402 
 426 
 449 
 473 
 497 
 520 
 548 
 508 
 591 
 615 
 639 
 663 
 687 
 711 
 735 
 
 256 
 270 
 300 
 327 
 350 
 376 
 401 
 426 
 451 
 477 
 501 
 527 
 552 
 568 
 613 
 628 
 653 
 678 
 703 
 728 
 753 
 773 
 
 1^ 
 
 10 
 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 30 
 31 
 22 
 23 
 24 
 25 
 36 
 27 
 28 
 39 
 30 
 31 
 
 D. 
 25 
 
 233 
 311 
 
 340 
 369 
 397 
 426 
 485 
 483 
 512 
 541 
 569 
 598 
 627 
 655 
 684 
 713 
 743 
 771 
 800 
 839 
 858 
 887 
 
 D. 
 28 
 
 309 
 340 
 371 
 40t 
 435 
 465 
 496 
 S37 
 558 
 590 
 621 
 652 
 684 
 715 
 746 
 777 
 808 
 839 
 870 
 901 
 932 
 963 
 
 D. 
 
 27 
 
 D. 
 
 28 
 
 D. 
 
 29 
 
 D. 
 
 30 
 
 D. 
 31 
 
 D. 
 
 32 
 
 D. 
 33 
 
 D. 
 34 
 
 D. 
 
 35 
 
 D. 
 
 36 
 
 339 
 374 
 408 
 442 
 476 
 511 
 545 
 579 
 613 
 647 
 681 
 716 
 750 
 784 
 818 
 853 
 887 
 921 
 955 
 989 
 1023 
 1057 
 
 359 
 396 
 432 
 469 
 505 
 541 
 578 
 614 
 650 
 688 
 724 
 760 
 796 
 833 
 869 
 906 
 942 
 979 
 1015 
 1052 
 1088 
 1125 
 
 377 
 415 
 453 
 491 
 529 
 567 
 605 
 643 
 631 
 719 
 757 
 796 
 834 
 872 
 910 
 948 
 986 
 1021 
 1062 
 1100 
 1138 
 1176 
 
 407 
 
 447 
 
 489 
 
 530 
 
 571 
 
 612 
 
 653 
 
 6S4 
 
 735 
 
 776 
 
 817 
 
 859 
 
 900 
 
 941 
 
 983 
 
 1023 
 
 1064 
 
 1105 
 
 1146 
 
 1187 
 
 1228 
 
 1369 
 
 440 
 
 484 
 
 528 
 
 572 
 
 618 
 
 ■662 
 
 706 
 
 751 
 
 795 
 
 839 
 
 884 
 
 928 
 
 972 
 
 1017 
 
 1061 
 
 1105 
 
 1149 
 
 1193 
 
 1237 
 
 1281 
 
 1325 
 
 1369 
 
 456 
 503 
 548 
 594 
 640 
 686 
 732 
 778 
 
 en 
 
 870 
 916 
 962 
 1008 
 1054 
 1100 
 1146 
 1192 
 1238 
 1284 
 1330 
 1376 
 1422 
 
 486 
 
 535 
 
 584 
 
 633 
 
 682 
 
 731 
 
 780 
 
 829 
 
 878 
 
 927 
 
 976 
 
 1025 
 
 1074 
 
 1123 
 
 1172 
 
 1221 
 
 1270 
 
 1319 
 
 1368 
 
 1417 
 
 1466 
 
 1515 
 
 496 
 
 546 
 
 596 
 
 646 
 
 696 
 
 746 
 
 796 
 
 846 
 
 896 
 
 946 
 
 996 
 
 1046 
 
 1096 
 
 1146 
 
 1196 
 
 1246 
 
 1296 
 
 1346 
 
 1396 
 
 1446 
 
 1496 
 
 1546 
 
 543 
 
 598 
 
 653 
 
 708 
 
 762 
 
 817 
 
 872 
 
 927 
 
 981 
 
 1036 
 
 1091 
 
 1146 
 
 1200 
 
 1255 
 
 1310 
 
 1365 
 
 1420 
 
 1475 
 
 1530 
 
 1585 
 
 1640 
 
 1695 
 
 573 
 
 630 
 
 688 
 
 746 
 
 803 
 
 861 
 
 919 
 
 976 
 
 1034 
 
 1092 
 
 1148 
 
 1206 
 
 1264 
 
 1318 
 
 1376 
 
 1434 
 
 1492 
 
 1550 
 
 1608 
 
 1666 
 
 1724 
 
 1782 
 
92 EQUAL SIDED TIMBER MEASTTRE. — COAL MEASUKS, 
 
 SOLID CONTENTS OF EQUAL SIDED TIMBER. 
 
 If the Log is shorter than is contained in the Table, talte half or quanerof 
 some lengln, if longer double some length. — The length of the Log is given on 
 the top of the columns, the diameter in the left hand column. To obtain the 
 Cubical Contents of Masts, Spars, Round Logs, &c., subtract one-fourth from 
 the Contents. 
 
 . L 
 
 . 1 L. 1 ]>. 
 
 L 
 
 ■M 
 
 L. 
 
 L. 
 
 L. 
 
 L. 1 L. 
 
 L. 
 
 L. 
 
 L. 
 
 
 "3 
 
 9 
 2 
 
 '3 
 
 10 
 2 6 
 
 11 
 2 9 
 
 12 
 3 
 
 13 
 3 3 
 
 14 
 3 8 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 90 
 
 3 9 
 
 4 
 
 4 3 
 
 4 6 
 
 4 9 
 
 5 
 
 7 
 
 3 
 
 
 
 3 4 
 
 3 7 
 
 4 
 
 
 4 5 
 
 4 9 
 
 5 1 
 
 5 5 
 
 5 9 
 
 6 2 
 
 6 6 
 
 6 10 
 
 8 
 
 4 
 
 1 
 
 4 4 
 
 4 10 
 
 5 
 
 
 5 9 
 
 6 2 
 
 6 7 
 
 8 
 
 8 5 
 
 8 10 
 
 9 3 
 
 9 8 
 
 9 
 
 5 
 
 2 
 
 5 9 
 
 6 2 
 
 6 
 
 
 7 4 
 
 7 11 
 
 8 6 
 
 9 1 
 
 9 8 
 
 10 3 
 
 10 10 
 
 11 5 
 
 10 
 
 6 
 
 2 
 
 6 10 
 
 7 8 
 
 8 
 
 
 9 
 
 9 8 
 
 10 4 
 
 11 
 
 11 8 
 
 12 4 
 
 13 
 
 13 8 
 
 11 
 
 7 
 
 6 
 
 8 4 
 
 9 3 
 
 10 
 
 
 10 11 
 
 11 9 
 
 12 7 
 
 13 5 
 
 14 3 
 
 15 1 
 
 15 11 
 
 16 9 
 
 13 
 
 9 
 
 
 
 10 
 
 11 
 
 12 
 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 IS 
 
 19 
 
 20 
 
 13 
 
 10 
 
 4 
 
 11 7 
 
 12 10 
 
 14 
 
 
 15 3 
 
 16 5 
 
 17 9 
 
 18 9 
 
 19 11 
 
 21 1 
 
 22 3 
 
 23 5 
 
 14 
 
 12 
 
 2 
 
 13 7 
 
 14 11 
 
 16 
 
 
 17 8 
 
 18 11 
 
 20 3 
 
 21 7 
 
 22 11 
 
 24 3 
 
 25 7 
 
 26 11 
 
 15 
 
 14 
 
 2 
 
 15 9 
 
 17 2 
 
 18 
 
 
 20 4 
 
 21 10 
 
 23 5 
 
 25 
 
 26 7 
 
 28 2 
 
 29 9 
 
 31 4 
 
 16 
 
 16 
 
 
 
 17 10 
 
 19 6 
 
 21 
 
 
 23 1 
 
 24 10 
 
 26 7 
 
 28 4 
 
 30 1 
 
 31 10 
 
 33 7 
 
 35 4 
 
 17 
 
 18 
 
 
 
 20 
 
 22 
 
 24 
 
 
 26 1 
 
 28 1 
 
 30 1 
 
 32 1 
 
 34 1 
 
 36 1 
 
 38 1 
 
 4C 1 
 
 IS 
 
 20 
 
 3 
 
 22 6 
 
 24 9 
 
 27 
 
 
 29 3 
 
 31 6 
 
 33' 9 
 
 36 
 
 38 3 
 
 40 6 
 
 42 9 
 
 45 
 
 19 
 
 22 
 
 6 
 
 25 
 
 27 6 
 
 30 
 
 
 32 7 
 
 35 1 
 
 37 7 
 
 41 1 
 
 43 7 
 
 46 1 
 
 48 7 
 
 52 
 
 20 
 
 25 
 
 
 
 27 10 
 
 30 10 
 
 33 
 
 
 36 1 
 
 38 10 
 
 41 7 
 
 44 4 
 
 47 2 
 
 50 
 
 52 9 
 
 65 9 
 
 21 
 
 27 
 
 7 
 
 30 8 
 
 33 9 
 
 36 
 
 
 39 10 
 
 42 11 
 
 46 
 
 49 1 
 
 52 2 
 
 65 3 
 
 58 4 
 
 61 5 
 
 22 
 
 30 
 
 2 
 
 33 6 
 
 30 10 
 
 40 
 
 
 43 8 
 
 47 
 
 50 4 
 
 53 8 
 
 57 
 
 60 4 
 
 63 8 
 
 67 
 
 a:! 
 
 33 
 
 
 
 36 8 
 
 40 4 
 
 44 
 
 
 47 9 
 
 51 5 
 
 55 ] 
 
 68 9 
 
 62* 5 
 
 65 1 
 
 69 9 
 
 73 5 
 
 21 
 
 36 
 
 
 
 40 
 
 44 
 
 48 
 
 
 62 
 
 56 
 
 60 
 
 64 
 
 63 
 
 72 
 
 76 
 
 80 
 
 25 
 
 39 
 
 
 
 43 4 
 
 48 1 
 
 52 
 
 
 56 5 
 
 60 9 
 
 65 1 
 
 69 6 
 
 73 9 
 
 78 1 
 
 82 5 
 
 86 9 
 
 26 
 
 42 
 
 2 
 
 46 11 
 
 51 7 
 
 56 
 
 
 61 
 
 65 8] 70 4 
 
 75 
 
 79 8 
 
 84 4 
 
 89 
 
 03 8 
 
 27 
 
 45 
 
 7 
 
 50 8 
 
 55 9 
 
 60 
 
 
 65 10 
 
 70 11 76 
 
 81 1 
 
 86 2 
 
 91 7 
 
 96 S 
 
 101 11 
 
 28 
 
 49 
 
 
 
 54 5 
 
 59 10 
 
 65 
 
 
 70 9 
 
 76 2 81 7 
 
 85 
 
 92 5 
 
 97 10 
 
 103 3 
 
 108 8 
 
 29 
 
 52 
 
 6 
 
 58 4 
 
 64 2 
 
 70 
 
 
 75 11 
 
 81 9 87 7 
 
 93 5 
 
 99 3 
 
 106 1 
 
 112 11 
 
 117 9 
 
 30 
 
 55 
 
 9 
 
 62 
 
 63 3 
 
 75 
 
 
 
 81 3 
 
 87 5 93 9 
 
 100 
 
 106 3 
 
 112 6 
 
 113 9 
 
 125 
 
 WEIGHT OF HARD COAL PROPORTIONED IN STOWAGE. 
 
 
 * 
 
 1*. 
 
 3 S 
 
 ki 
 
 £| 
 
 
 
 
 "m 
 
 S"*- 
 
 g»>» 
 
 C 
 
 
 
 O CS 
 
 Pi 
 
 to 3 
 
 § 
 
 
 o 
 
 ■ip. 
 
 „ ?a. 
 
 d 
 
 LESISNiTION. 
 
 & 
 
 ■s 
 
 a 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 m 
 
 *s 
 
 ,==^- 
 
 .21? 
 
 -a 
 
 
 
 i^ 
 
 55 
 
 II 
 
 E 
 
 Beaver Meadow. 
 
 1.610 
 
 54.92.5 
 
 40.780 
 
 36.41 
 
 83.942 
 
 Forest Improvement, 
 
 1.477 
 
 53.658 
 
 41.740 
 
 37.27 
 
 90.751 
 
 Peach Mountain, 
 
 1.464 
 
 53.794 
 
 41.640 
 
 37.20 
 
 89.020 
 
 Lehigh, 
 
 1.590 
 
 .55.316 
 
 40.500 
 
 3615 
 
 89.153 
 
 Lackawana, 
 
 1.481 
 
 48.886 
 
 45.820 
 
 40.91 
 
 87.741 
 
 • Walter Johnson's Report to the Navy Department of the U. Slates. 
 
 To obtain the Cubic feet of a Coii, Bin, take the dimensions by measariiig 
 the inside— reduce the feet to inches, and multiplv the length, breadth and dcpli 
 together, and the product multiplied by .00058 gives the number of cubic feeu 
 
VALUE OP WOOD AND BARK. 
 
 93 
 
 1^ 
 
 O I. 
 P cT 
 
 o ;: 
 
 o -n 
 
 O 73 
 
 « 'Sb S 
 
 H = 'S. 
 
 S -s ; 
 
 — ® ^ 
 
 s 
 
 oooM—iCir^'ocsooDu'i 
 
 1-1 CM O* 
 
 COlO 
 
 coco 
 
 rHClO 
 
 ooo 
 
 CO"* lO 
 
 
 gSSKg 
 
 I- 1^ r- 00 o 
 
 
 
 ^-^cflo^»■lo^^cl^-1^'ro 
 
 T-OTCOCO-sJ-lOlOSOt^i-l 
 
 00 CO CO 
 -^CTCO 
 
 ■-•wo* 
 
 3^ CO 
 
 eo-#-<r 
 
 S3 
 
 lOlO 
 
 B3 55S 
 
 O t^ l^ 00 o 
 
 
 C3 
 
 •-ssssssssss 
 
 33S 
 
 5§ 
 
 (NCO 
 
 
 8S 
 
 ■*io 
 
 com eot~ o 
 CO r- o CD o 
 
 
 00 
 
 -ssssssssgg 
 
 
 g2 
 
 (N CO 
 
 OICO 
 
 otooo 
 
 COClOJ 
 
 COCO-^I- 
 
 to CO 
 ■*iO 
 
 OD CO ■*•«*■ O 
 OICO «=■* lO 
 
 mo oi^ CO 
 
 
 s 
 
 -^riOJCOCOTplOlOCJO 
 
 
 COCOTf 
 
 coo 
 coo 
 
 -^lO 
 
 lo o or- 00 
 
 
 % 
 
 T-frHOJOJCO'«*'<S'lO«3Ci 
 
 sss 
 
 coco 
 
 COCT lO 
 
 cam I- 
 
 oco CO 
 
 op 
 
 Ol O QU K «3 
 
 in lo lOo t^ 
 
 
 Si 
 
 rH-.rfl!NCO-3'-3'»OlOOJ 
 
 coo r-( 
 
 « t^ao 
 
 (MO) 
 
 ail-* (D 
 CTcoeo 
 
 (SCO 
 OiO 
 
 COT}- 
 
 35 gS 3 
 
 lo lo lOO r- 
 
 
 8 
 
 rHT-<.-( 
 
 oco 
 
 CO 0)0 
 l>C*"0 
 
 CI CO CO 
 
 CO-tP 
 
 rjt lO lO O i^ 
 
 
 O 
 
 '"ssssggssas 
 
 gg3 
 
 S3 
 
 (NO) 
 
 •*lO o 
 
 lOOO) 
 
 o*coco 
 
 lOO 
 U30 
 CO-* 
 
 
 
 
 "SBSSSSg^SS 
 
 C0(O(O 
 
 0"*10 
 
 S8 
 
 wo* 
 
 5S2 
 
 OJOI CO 
 
 coco 
 
 gsssss 
 
 •*■* -^lO » 
 
 
 O 
 
 «3ClTl<O5C5Cp05GD(Nl^lO 
 
 '-irHoSoicora'^'a't- 
 
 sss 
 
 
 coSo 
 
 Ol OJCO 
 
 83^ 
 
 coco 
 
 TtTJ. -*lO O 
 
 
 lO 
 
 ""SSSSSSSSg 
 
 sss 
 
 O) to 
 .-(Ol 
 
 lOCDlO 
 1-.10 1- 
 
 OlOJC* 
 
 o5 
 coco 
 
 CD"-< coco «3 
 CO ■* "3' ■«3' US 
 
 
 to 
 
 T-. T-. 0» C* O) ri CI ■<* <D 
 
 ooSco 
 
 ss 
 
 OlOlOl 
 
 ESS 
 
 OICO 
 
 g^ 2gS 
 
 CO CO -T '*- "O 
 
 
 s 
 
 lO 
 
 ■*aDo»<DO(wt^i-iiocico 
 
 i>.iH53 Sen 
 
 OJCOIO 
 -HOIOJ 
 
 ^2 
 
 CI CO 
 
 lO r- Cftco S 
 
 coco CO"* to 
 
 
 s 
 
 iH .-1 .-. oj « c5 CO CO o 
 
 gss 
 
 i-ICl 
 
 l-HOJOl 
 
 ^5 
 
 OlOJ 
 
 COCO coco Tj" 
 
 
 ^ 
 
 cot-ocot-ocot^ococo 
 tHi-*.-ii^c5CTeocoio 
 
 £gS 
 
 s?g 
 
 — 1 r-OI 
 
 coo 
 
 OIC^ 
 
 oico coco ^ 
 
 
 s 
 
 cofoencoociWiocQ-Ho 
 
 rK^,-.O}Cic5c0lO 
 
 sss 
 
 Ol Vi 
 
 gS3§ 
 
 rH --OJ 
 
 c: o 
 
 — 'O coo o 
 coo -^to o 
 
 oico coco -* 
 
 
 o 
 *o 
 
 CO 
 
 
 ssas 
 
 ss 
 
 gSK 
 
 ,-iOJ 
 
 coco coo o 
 ■*o r-o lo 
 
 ClOJ OICO CO 
 
 
 
 
 
 S3 
 
 CO 
 
 COWOOOCSIOCDOMIO'- 
 
 ioSjZ 
 
 gSJ 
 
 sss 
 
 i-<0» 
 
 o tr -*■* to 
 
 OJOJ OJOl CO 
 
 
 
 
 
 o 
 o 
 
 CO 
 
 rH 1-1 "-H i-< OJ « CO 
 
 
 ss 
 
 sss 
 
 Soo 
 1-1 1-« 
 
 WW 0»« CO 
 
 
 o 
 
 iN-^'OODOOT'a'OQOO-' 
 
 ■H iH W iH iH (N CO 
 
 sss 
 
 I^Ol 
 
 sss 
 
 ss 
 
 WW rH(N O) 
 
 
 
 (MT(tiOI>CS^«TCOI^OO 
 
 J?Sg 
 
 gs 
 
 sss 
 
 S5 
 
 CD m o t^ lo 
 <o o r- o) iw 
 
 
 
 
 
 
 o 
 
 NCOUSCOOOOi-HCO^OW 
 
 eoi* w 
 
 ss 
 
 S3S 
 
 gs 
 
 3S igS g 
 
 
 
 
 
 £ 
 
 THClCO"*>OtOC«.COOJO{i= 
 
 §S?3 
 
 ss 
 
 OOtJi 
 
 lO oo 
 
 oo 
 
 1~CE 
 
 gg|S|j 
 
 
 
 ? 
 
 
 n 
 
 
 »o 
 
 CO i- 00 
 
 
94 
 
 WOOD AND BAKK MEASUKEMENT. 
 
 o a 
 I'- 
 ll 
 
 o 9 'S''^ . 
 
 •OS sJi o 
 
 g-2- "5 2 
 
 a> US js " rt 
 
 
 1 
 
 Eh 
 
 Iz; 
 w 
 
 w 
 
 & 
 
 CO 
 
 Ed 
 
 « 
 
 pq 
 Q 
 
 O 
 o 
 
 o 
 
 ■5|s 
 
 S * « 
 
 ■5 o , u - 
 
 -a 
 
 ■^■=■1 
 
 2^K 
 
 hn"? 
 
 
 s-:^ 
 
 5-s;; 
 
 — => 
 
 •^ss 
 
 
 
 a^ 
 
 S^s 
 
 COHM 
 
 
 
 
 o d c rf 
 
 
 i"^ 
 
 d-O feu 
 
 •^i. 
 
 r-ij-owcoor-r^t 
 
 
 ■s 
 
 «> 
 
 fcsMcnmr-sjt^i-ia— 'loo 
 
 0X10000 — "•M'M«TO*S' 
 
 «, 
 
 ^iHtHiHW 
 
 ' N CM OICO COCO Tj"i: 
 
 
 -OM« 
 
 g S ^ 
 
 •S2 S 
 e* o o 
 
 ' T3 a> 
 I fcD- J3 
 I CM*-' 
 
 V 
 
 '^'-''-''-''NciWC 
 
 r L-i m Ul lO O « 
 
 .Sw^OODOOJ^CSO 
 
 .''^ i-H CO Lo r~ CD o '^ 
 
 1 o « <r oooc 
 
 Sowc^ot-coc 
 
 ScDO'-'tNMWi:: 
 
 •t CN 01 CJ « W C 
 
 I soci**ocooo«'«*(DCDoooiTptoaoooe*"!j'ra'o3oo 
 
 ■--I »-( tH rH i-< 
 
 -DiCTC^OTe*OTc?««ocoro'»' 
 
 Example. How many cords of 
 wood in a pile 60 feet long, 6 feet 
 high and 4 feet wide? 
 
 60 
 
 L28)U40(tli iordt. 
 
TAKLKS FOR ENQINEEBS AND MACHINISTS. 
 WEIGHT OF ONE FOOT OK FLAT BAR IRON, 
 
 95 
 
 ■If a Bar of Iron tre thicker than contained in the table -add together the weight of 
 two numbers, or treble the weight of one number. Wanted the weight of 1 toot of 
 Bai Iron, 4 inches- broad and 2 1-4 inches thick. Opposilo i iind under 1 is VSS^, 
 which doubled is 26'72tJ, add the weight of l-lth, (3-S-ll,J equal U(Hji>i>lbd 
 
 ■s . 
 
 THICKNESS 
 
 IN PAllTS OP AN INCH. 
 
 i 
 
 ^^ 
 
 t 
 
 A 
 
 i 
 
 1 
 
 1 
 
 i 
 
 lin. 
 
 1 
 
 .83.5 
 
 1.044 
 
 1.253 
 
 1.461 
 
 1.670 
 
 2.088 
 
 2.506 
 
 2.923 
 
 3.340 
 
 ll 
 
 .939 
 
 1.174 
 
 1.409 
 
 1-644 
 
 1.878 
 
 2.348 
 
 2.818 
 
 3.287 
 
 3.756 
 
 1 
 
 1.044 
 
 1.305 
 
 1.566 
 
 1.826 
 
 2.088 
 
 2.609 
 
 3.132 
 
 3.653 
 
 4.176 
 
 If 
 
 1.148 
 
 1.435 
 
 1.722 
 
 2.009 
 
 2.296 
 
 2.870 
 
 3.444 
 
 4.018 
 
 4.592 
 
 1, 
 
 1.252 
 
 1.566 
 
 1.879 
 
 2.192 
 
 2.504 
 
 3.131 
 
 3.758 
 
 4.384 
 
 5.008 
 
 u 
 
 1.358 
 
 1.696 
 
 2.035 
 
 2.374 
 
 2.716 
 
 3.392 
 
 4.070 
 
 4.749 
 
 5.432 
 
 1 
 
 1.462 
 
 1.827 
 
 2.192 
 
 2.557 
 
 2.924 
 
 3.6-53 
 
 4.384 
 
 6.114 
 
 6.848 
 
 1 
 
 1..566 
 
 1.957 
 
 2.348 
 
 2.740 
 
 3.132 
 
 3.914 
 
 4.696 
 
 5.479 
 
 6.264 
 
 2 
 
 1.671 
 
 2,088 
 
 2.506 
 
 2.922 
 
 3.342 
 
 4.175 
 
 5.010 
 
 5.845 
 
 6.684 
 
 2i 
 
 1.775 
 
 2.218 
 
 2.b62 
 
 3.105 
 
 3.550 
 
 4.435 
 
 5.324 
 
 6.210 
 
 7.100 
 
 2; 
 
 2j 
 2, 
 
 1.880 
 
 2.348 
 
 2.818 
 
 3.288 
 
 3.760 
 
 4.696 
 
 5.636 
 
 6.575 
 
 7.520 
 
 1.984 
 
 2.479 
 
 2.97-5 
 
 3.470 
 
 3.968 
 
 4.957 
 
 5.950 
 
 6.941 
 
 7.936 
 
 2.088 
 
 2.609 
 
 3.131 
 
 3.653 
 
 4.176 
 
 5.218 
 
 6.262 
 
 7.306 
 
 8.352 
 
 2 
 
 2.193 
 
 2.740 
 
 3.288 
 
 3.836 
 
 4.386 
 
 5.479 
 
 6.576 
 
 7.671 
 
 8.772 
 
 2.297 
 
 2.870 
 
 3.444 
 
 4.018 
 
 4.594 
 
 5.740 
 
 6.888 
 
 8.036 
 
 9.188 
 
 21 
 
 2.402 
 
 3.001 
 
 3.601 
 
 4.201 
 
 4.804 
 
 6.001 
 
 7.202 
 
 8.402 
 
 9.608 
 
 3 
 
 2.506 
 
 3.131 
 
 3.758 
 
 4.384 
 
 5.012 
 
 6.262 
 
 7.516 
 
 8.767 
 
 10.024 
 
 SI 
 
 2.715 
 
 3.392 
 
 4.071 
 
 4.749 
 
 5.430 
 
 6.784 
 
 8.142 
 
 9.498 
 
 10.860 
 
 3A 
 
 2.923 
 
 3.653 
 
 4.384 
 
 5.114 
 
 5.846 
 
 7.306 
 
 8.768 
 
 10.228 
 
 11.692 
 
 ^ 
 
 3.132 
 
 3.914 
 
 4.697 
 
 6.479 
 
 6.264 
 
 7.828 
 
 9.394 
 
 10.9.59 
 
 12.528 
 
 4 
 
 3.341 
 
 4.175 
 
 5.010 
 
 5.845 
 
 6.682 
 
 8.3-50 
 
 10.020 
 
 11.690 
 
 13.364 
 
 4 
 
 3.549 
 
 4.436 
 
 5.323 
 
 6.210 
 
 7.098 
 
 8.871 
 
 10.646 
 
 12.421 
 
 14.196 
 
 4 
 
 3.758 
 
 4.697 
 
 5.636 
 
 6.575 
 
 7.516 
 
 9.393 
 
 11.272 
 
 13.151 
 
 15.032 
 
 4 
 
 3.966 
 
 4.958 
 
 5.949 
 
 6.941 
 
 7.932 
 
 9.915 
 
 11.898 
 
 13.881 
 
 15.864 
 
 fl 
 
 4.175 
 
 5.219 
 
 6.263 
 
 7.306 
 
 8.3.50 
 
 10.437 
 
 12.626 
 
 14.612 
 
 16.700 
 
 5 
 
 4.384 
 
 5.479 
 
 6.576 
 
 7.671 
 
 8.768 
 
 10.958 
 
 13.1-52 
 
 15.343 
 
 17.536 
 
 5. 
 
 4.,';93 
 
 5.741 
 
 6.889 
 
 8.037 
 
 9.186 
 
 11.480 
 
 13.778 
 
 16.073 
 
 18.372 
 
 * 
 
 4.801 
 
 6.001 
 
 7.202 
 
 8.402 
 
 9.602 
 
 12.002 
 
 14.404 
 
 16.804 
 
 19.204 
 
 6 
 
 5.010 
 
 6.262 
 
 7.515 
 
 8.767 
 
 10.020 
 
 12.524 
 
 15.030 
 
 17.535 
 
 20.042 
 
 WEIGHT OF ONE SQU.4.RE FOOT OF SHEET IRON, &c. 
 
 Iron 
 Cop. 
 Brail 
 
 Thickness by the Birmingham (Bng.) Wire Gauge. \ 
 
 I a 
 
 12.50 12.00 
 14.50 13.90 
 13.75 13.20 
 
 3 
 
 11.00 
 12.75 
 12.10 
 
 4 
 
 10.00 
 11.60 
 
 i;.oo 
 
 5 
 
 8.74 
 10.10 
 9.61 
 
 6 
 
 8.12 
 9.40 
 8.93 
 
 7 
 
 Tiio 
 
 8.70 
 8.25 
 
 8 
 
 7.90 
 7.54 
 
 9 
 
 6.24 
 7.20 
 6.86 
 
 10 
 
 5.62 
 0.50 
 6.18 
 
 11 
 
 5.00 
 5.80 
 5.50 
 
 12 
 
 4.38 
 5.08 
 4.81 
 
 13 
 
 3.75 
 4.34 
 4.12 
 
 14 
 
 3.19 
 3.60 
 3.43 
 
 15 
 
 2.82 
 3.27 
 3.10 
 
 
 Thicltness by the Wire Gauge. 1 
 
 Iran 
 Cop. 
 Bra.. 
 
 16 
 
 a.5o 
 
 2.90 
 
 a.75 
 
 17 ; 18 
 
 2.18.' 1.86 
 
 a.Sai 2.15 
 
 2.40l 2.04 
 
 19 
 
 1.70 
 1.97 
 1.87 
 
 30 
 
 1.54 
 1.78 
 1.69 
 
 21 
 
 1.40 
 1.62 
 1.54 
 
 23 
 
 1.25 
 1-45 
 1.37 
 
 23 
 
 1.12 
 1.30 
 1.23 
 
 24 
 
 1.00 
 1.16 
 1.10 
 
 25 
 
 .90 
 1.04 
 .99 
 
 26 
 
 .80 
 .92 
 
 .88 
 
 27 
 
 .72 
 .83 
 .79 
 
 28 
 
 .64 
 .74 
 .70 
 
 29 
 
 .56 
 .64 
 .61 
 
 30 
 
 .50 
 
 .58 
 .55 
 
 No. 1 Wire Guago is S-lSths of an inch i No. 4 is l-«h ; No. II is l-81h i No. 13 is UStli ) 
 No. 15 is 1-Ulh i No. 16 is l-16tli i No. 17 is l-18th i No. 19 is 1-23 i No. 22 is 1-52. 
 
96 
 
 WEIGHT OF BAE IRON AND OTHER METALS. 
 
 RUSSIA SHEET IRON 
 
 Measures 66 by 28 Inches, and is rated by the weight per sheet. The 
 numbers run from 8 to 18 Russian lbs. per sheet. 8 Russian pounds equal 
 7-2 English pounds ; 9 = 8-1 lbs. ; 10 = 9 lbs. ; 11 = 10 lbs. ; 12 = 11-2 
 lbs. &.C. — 100 Russian lbs. equal 90 lbs. EngUsh. 
 
 WEIGHT OF ONE SQUARE FOOT OF PLATE IRON, &c. 
 
 
 1 
 
 »1 
 
 1 
 
 m 
 
 1 
 
 
 1 
 
 ii 
 1 
 
 a 
 
 1 
 
 tV 
 
 2.5 
 
 2.9 
 
 2.7 
 
 3.7 
 
 tV 
 
 17.6 
 
 20.3 
 
 19.0 
 
 25.9 
 
 i 
 
 5.0 
 
 5.8 
 
 5.5 
 
 7.4 
 
 i 
 
 20.0 
 
 23.2 
 
 21.8 
 
 29;6 
 
 A 
 
 7.5 
 
 8.7 
 
 8.2 
 
 11.1 
 
 * 
 
 25.0 
 
 28.9 
 
 27.1 
 
 37.0 
 
 i 
 
 10.0 
 
 11.6 
 
 10.9 
 
 14.8 
 
 * 
 
 30.0 
 
 34.7 
 
 32.5 
 
 44.4 
 
 :^F 
 
 12.5 
 
 14.5 
 
 13.6 
 
 18.5 
 
 i 
 
 35.0 
 
 40.4 
 
 37.9 
 
 57.8 
 
 t 
 
 15.0 
 
 17.4 
 
 16.3 
 
 22.2 
 
 1 
 
 40.0 
 
 46.2 
 
 43.3 
 
 59.2 
 
 WEIGHT ONE FOOT IN LENGTH OF SQUARE AND 
 ROUND BAR IRON. 
 
 
 s 
 
 & 
 
 it 
 
 o 
 
 S3 
 
 H 
 
 Square Iron 
 in lbs. 
 
 o 
 
 .ii 
 
 e . 
 s~ 
 S 
 
 ii 
 
 .209 
 
 .164 
 
 8.820 
 
 6.928 
 
 46.969 
 
 36.895 
 
 ^ 
 
 .326 
 
 .2.36 
 
 n 
 
 10.229 
 
 8.043 
 
 H 
 
 50.163 
 
 39.390 
 
 f 
 
 •470 
 
 .369 
 
 If 
 
 11.743 
 
 9.224 
 
 4 
 
 53.440 
 
 41.984 
 
 /ff 
 
 .640 
 
 .503 
 
 2 
 
 13.360 
 
 10.496 
 
 H 
 
 56.833 
 
 44.637 
 
 1 
 
 .835 
 
 .656 
 
 2* 
 
 15.083 
 
 11.846 
 
 M 
 
 60.329 
 
 47.385 
 
 y% 
 
 1.057 
 
 .831 
 
 2} 
 
 16.909 
 
 13.283 
 
 41 
 
 63.930 
 
 50.211 
 
 i 
 
 1.305 
 
 1.02.5 
 
 2-3- 
 
 18.840 
 
 14.797 
 
 4* 
 
 67.637 
 
 53.132 
 
 H 
 
 1.579 
 
 1.241 
 
 2i 
 
 20.875 
 
 16.396 
 
 4* 
 
 71.44.5 
 
 56.113 
 
 f 
 
 1.879 
 
 1.476 
 
 2| 
 
 23.115 
 
 18.146 
 
 4J 
 
 75.3.59 
 
 69.187 
 
 H 
 
 2.206 
 
 1.732 
 
 2^ 
 
 25.259 
 
 19.842 
 
 4* 
 
 79.378 
 
 62.344 
 
 J 
 
 2.558 
 
 2.011 
 
 2* 
 
 27.608 
 
 21.684 
 
 5 
 
 83.510 
 
 66.585 
 
 H 
 
 2936 
 
 2.306 
 
 3 
 
 30.070 
 
 23.653 
 
 H 
 
 92.459 
 
 72.618 
 
 1 
 
 3.340 
 
 2.624 
 
 3^ 
 
 32.618 
 
 25.620 
 
 5^ 
 
 101.036 
 
 79.370 
 
 1^ 
 
 4.228 
 
 3.321 
 
 3+ 
 
 35.279 
 
 27.709 
 
 H 
 
 110.429 
 
 86.731 
 
 
 5.219 
 6.315 
 7.516 
 
 4.099 
 4.961 
 6.913 
 
 3f 
 3* 
 3| 
 
 38.045 
 40.916 
 43.890 
 
 29.881 
 32.170 
 34.472 
 
 6 
 
 120.243 
 
 94.610 
 
 Tl,= w 
 
 eight of Bur I 
 " " Cm 
 " •■ Sieel 
 " " Copp 
 
 1.0 
 
CAST IRON COLUMNS. MOLDER's TABLE. 
 
 97 
 
 DIMENSIONS OF CYLINDRICAL COLOMNS OF CAST 
 IRON TO SUSTAIN A PRESSURE WITH SAFETY. 
 
 Ss 
 
 LENQTM OR HEIGHT IN FEET. 
 
 11 
 
 3.S 
 
 2 
 
 4 1 6 1 8 1 10 1 13 1 14 1 16 I 18 
 
 20 
 
 22 
 
 24 i 
 
 WEIGHT OR LOAD IW CWT9. 
 
 72 
 
 60 
 
 49 
 
 40 
 
 32 
 
 26 
 
 22 
 
 18 
 
 15 
 
 13 
 
 11 
 
 a* 
 
 U9 
 
 105 
 
 91 
 
 77 
 
 65 
 
 .55 
 
 47 
 
 40 
 
 34 
 
 29 
 
 25 
 
 it 
 
 178 
 
 m 
 
 145 
 
 I2« 
 
 in 
 
 97 
 
 84 
 
 73 
 
 64 
 
 56 
 
 49 
 
 ai 
 
 a47 
 
 •Jifi 
 
 214 
 
 191 
 
 172 
 
 156 
 
 135 
 
 119 
 
 106 
 
 94 
 
 83 
 
 4 
 
 sae 
 
 310 
 
 288 
 
 2HB 
 
 S4S 
 
 320 
 
 198 
 
 178 
 
 160 
 
 144 
 
 130 
 
 4^ 
 
 418 
 
 400 
 
 379 
 
 3H4 
 
 327 
 
 301 
 
 275 
 
 251 
 
 229 
 
 208 
 
 189 
 
 5 
 
 saa 
 
 .■iOI 
 
 479 
 
 452 
 
 427 
 
 394 
 
 365 
 
 337 
 
 310 
 
 285 
 
 262 
 
 6 
 
 607 
 
 592 
 
 573 
 
 550 
 
 525 
 
 497 
 
 469 
 
 440 
 
 413 
 
 386 
 
 360 
 
 7 
 
 103a 
 
 1013 
 
 989 
 
 959 
 
 924 
 
 887 
 
 848 
 
 808 
 
 765 
 
 725 
 
 686 
 
 U 
 
 1333 
 
 1315 
 
 ia«9 
 
 1259 
 
 1224 
 
 1185 
 
 1142 
 
 1097 
 
 1052 
 
 1005 
 
 959 
 
 9 
 
 1716 
 
 1697 
 
 1672 
 
 1640 
 
 1603 
 
 1561 
 
 1515 
 
 1467 
 
 1416 
 
 1364 
 
 1311 
 
 10 
 
 ail9 
 
 2100 
 
 2077 
 
 2045 
 
 2007 
 
 1964 
 
 1916 
 
 1865 
 
 1811 
 
 1755 
 
 1697 
 
 11 
 
 2570 
 
 S550 
 
 2.120 
 
 2490 
 
 24.'>0 
 
 2410 
 
 2358 
 
 Km 
 
 2248 
 
 21R9 
 
 2127 
 
 12 
 
 3050 
 
 3040 
 
 30S0 
 
 2970 
 
 2930 
 
 2900 
 
 2630 
 
 2780 
 
 2730 
 
 2670 
 
 2600 
 
 Practical utility of the Table. 
 
 JVote Wanting to support the front of a building with cast iron columns 18 
 
 feet in length, 8 inches in diumeter, and the metal 1 inch in thickness ; what 
 weight may I conHdently expect each column capable of supporting without ten- 
 dency to deflection .'' 
 
 Opposite 8 inches diameter and under 18 feet z= 1097 
 * Also opposite 6 in. diameter and under 18 feet ^440 
 
 * Thia deduction is on account of the core. 
 MOLDER'S TABLE. 
 
 657 cwt. 
 
 Bar Iran being 1, 
 Cast Iron equal .95 
 Steel " 1.02 
 
 Copper " 1.16 
 Brass " 1.09 
 
 Lead " 1.48 
 
 Cast Iron being 1, 
 Bar Iron equal 1.07 
 Steel " 1.08 
 
 Brass " 1.16 
 
 Copper " 1.21 
 Lead " 1.56 
 
 Yellow Pine being 1 , 
 Cast Iron equal 12. 
 Brass " 12.7 
 
 Copper " 13.3 
 Lead , " 18.1 
 Zinc " 11.5 
 
 1. Suppose I hare an article of plate iron, the weight of which 
 IS 728 lbs., but want the same of copper, and of similar dimensions, 
 what will be its weight ? 
 
 72S X 1.16 = 844.48 lbs. 
 
 2. A model of Dry Pine weighing 3 lbs., and in which the 
 iron for its construction forms no material portion of the weight, 
 what mav I anticipate its weight to be in cast iron. 
 
 3 X 12 = 36 pounds. 
 
 It frequently occurs, in the construction of models, that neither 
 ►he quality or condition of the wood can be properly estimated ; 
 and in such cases, it may be a near enough approximation to reckon 
 13 lbs. ot cast iron to each pound of model. 
 
 BUA 9 
 
98 
 
 BOLTS CISTERNS — SCREWS LEAD PIPE. 
 
 HEXAGONAL NUTS FOR WKOaGHT IRON BOLTS. 
 
 1 H 4 If 1* If If 
 
 Diameter of bolts,f ^ | ;J 
 
 Breadth of nuts, f i H l^F H ^ Ht 2^^ 4 2^9^ 2f 3 
 
 CAPACITY OF CISTERNS AND RESERVOIRS IN GALLOWa 
 
 Depth, 10 Inches .- — Diameter from 2 to 25 Feet. 
 
 a feet 19-5 
 
 5 feet 122-40 
 
 8 feet 313-33 
 
 12 
 
 feet 705- 
 
 2i 
 
 ' 30-6 
 
 54 " 148-10 
 
 8i " 353-72 
 
 13 
 
 " 827-4 
 
 r 
 
 ' 44-06 
 
 6 " 176-25 
 
 9 " 396-56 
 
 14 
 
 " 959-6 
 
 Si 
 
 ' 59-97 
 
 6i " 206-85 
 
 94 " 461-40 
 
 lo 
 
 " 1101-6 
 
 4' 
 
 ' 78-33 
 
 7 " 239-88 
 
 10 " 489-20 
 
 20 
 
 " 1958-4 
 
 44 
 
 ' 99-14 
 
 7i " 275-40 
 
 11 " 592-40 
 
 25 
 
 " 3059.9 
 
 NtTMBER OF THREADS 
 
 IN V-THREAD SCREWS-. 
 
 Diam. in inches. 
 No. of threads, 
 
 ! ! 20 If 
 
 t tV * f * ^ 1 1* li 1| 
 16 14 12 11 10 9 8 7 7 6 
 
 Diam. in inches. 
 No. of threads. 
 
 : : I' f 
 
 li U 2 2i 24 2| 3 3i 3J 
 5 4| 44 4 4 Sj 3i 3} 3i 
 
 Diam. in inches, 
 No. of threads, 
 
 . . 3| 4 
 . . 3 3 
 
 4i 44 4i 5 Si 54 63 6 
 2f 2J 2i 2} 2f 2f 24 24 
 
 The depth of the threads should be half their pitch. The diameter 
 of a screw, to work in the teeth of a wheel, should be such, that the 
 anele of the threads does not exceed 10°. 
 
 
 WEIGHT OF LEAD 
 
 PIPE PER FOOT 
 
 
 
 Diameter. 
 
 jibs. oz. 
 
 - 
 
 Diameter. 
 
 1 lbs. 01. 
 
 i inch 
 
 medium 
 
 
 
 
 14 inch 
 
 extra light 
 
 3 
 
 — 
 
 S <i 
 
 strong 
 
 
 5 
 
 
 (( tl 
 
 light 
 medium 
 
 4 
 
 5 
 
 i ;; 
 
 light 
 medium 
 
 
 
 
 
 it tt 
 
 5 
 
 3 
 
 
 
 5 
 
 
 It tt 
 
 sti-ong 
 
 6 
 
 5 
 
 
 strong 
 
 
 10 
 
 
 i| ;; 
 
 medium 
 
 5 
 
 5 
 
 
 extra strong 
 
 2 
 
 2 
 
 
 
 strong 
 
 6 
 
 U 
 
 
 light 
 medium 
 
 1 
 
 10 
 
 
 2 
 
 light 
 
 5 
 
 9 
 
 
 2 
 
 3 
 
 
 (( tl 
 
 medium 
 
 6 
 
 11 
 
 
 strong 
 
 2 
 
 8 
 
 
 (( t( 
 
 strong 
 
 7 
 
 11 
 
 
 extra strong 
 
 2 
 
 12 
 
 
 2J " 
 
 light 
 
 8 
 
 5 
 
 
 " light 
 
 1 
 
 11 
 
 
 « » 
 
 medium 
 
 10 
 
 — 
 
 
 light 
 medium 
 
 2 
 
 1 
 
 
 K (( 
 
 strong 
 
 11 
 
 11 
 
 
 2 
 
 11 
 
 
 3 '■ 
 
 lisht 
 
 10 
 
 — 
 
 
 strong 
 
 3 
 
 4 
 
 
 tt tt 
 
 medium 
 
 11 
 
 10 
 
 
 extra strong 
 
 3 
 
 8 
 
 
 <■ i< 
 
 strong 
 
 14 
 
 11 
 
 
 " light 
 
 2 
 
 5 
 
 
 34 ;■ 
 
 medium 
 
 lo 
 
 — 
 
 
 light 
 medium 
 
 2 
 
 12 
 
 
 
 strong 
 
 18 
 
 — 
 
 
 3 
 
 7 
 
 
 (( (( 
 
 extra strong 
 
 23 
 
 5- 
 
 
 strong 
 
 4 
 
 1 
 
 
 4 
 
 waste light 
 " medium 
 
 5 
 
 5 
 
 IJ " 
 
 extra light 
 
 2 
 
 12 
 
 
 (( tt 
 
 7 
 
 — 
 
 f« (d 
 
 light 
 medium 
 
 3 
 
 4 
 
 
 <t it 
 
 " strong 
 
 8 
 
 11 
 
 
 3 
 
 11 
 
 
 44 II 
 
 " light 
 
 5 
 
 12 
 
 
 strong 
 
 4 
 
 3 
 
 
 
 " medium 
 
 8 
 
 — 
 
 (1 tl 
 
 extra strong 
 
 4 
 
 14 
 
 
 
 " strong 
 
 9 
 
 11 
 
WEIGHT or CAST IHON PIPES. 
 
 99 
 
 ■WEIGHT OF ONE FOOT OF CAST IRON PIPES. 
 
 Dlam. of 
 
 ii'm. 
 
 %in. 
 
 M in- 
 
 5«in. 
 
 %m. 
 
 %in. 
 
 1 in. 
 
 bore. 
 
 thick. 
 
 thick. 
 
 thick. 
 
 thick. 
 
 thick. 
 
 thick. 
 
 thick. 
 
 Inch. 
 
 lb. 
 
 lb. 
 
 lb. 
 
 lb. 
 
 lb. 
 
 lb. 
 
 lb. 
 
 1 
 
 3-06 
 
 5-06 
 
 
 
 
 
 • 
 
 u 
 
 3-68 
 
 5-98 
 
 
 
 
 
 
 H 
 
 4-29 
 
 6-9 
 
 982 
 
 
 
 
 
 14 
 
 4 91 
 
 7-83 
 
 H-05 
 
 
 
 
 
 2 
 
 5-53 
 
 8-75 
 
 12-27 
 
 16-11 
 
 
 
 
 H 
 
 614 
 
 9-66 
 
 13-5 
 
 17-64 
 
 
 
 
 4 
 
 6-74 
 
 10-58 
 
 14-72 
 
 19-17 
 
 23-92 
 
 
 
 2| 
 
 7-.36 
 
 115 
 
 15-95 
 
 20-7 
 
 25 71 
 
 
 
 S 
 
 7-98 
 
 12-43 
 
 17-18 
 
 2219 
 
 27-62 
 
 3329 
 
 39-28 
 
 H 
 
 859 
 
 13-34 
 
 18-35 
 
 23-78 
 
 29-45 
 
 35-44 
 
 41-72 
 
 H 
 
 9-2 
 
 14-21 
 
 19-64 
 
 25 31 
 
 31-3 
 
 37-58 
 
 44-18 
 
 n 
 
 9-76 
 
 15-19 
 
 20-86 
 
 26 85 
 
 33-13 
 
 39-73 
 
 46 63 
 
 4 
 
 10 44 
 
 16-11 
 
 22-1 
 
 28 38 
 
 34-98 
 
 41-88 
 
 491 
 
 4i 
 
 111 
 
 17-08 
 
 2337 
 
 29-97 
 
 36-87 
 
 44-08 
 
 51-6 
 
 44 
 
 11-66 
 
 17-94 
 
 24-54 
 
 31-44 
 
 38 65 
 
 46-17 
 
 54- 
 
 41 
 
 12-27 
 
 18-87 
 
 25-77 
 
 32-98 
 
 40-5 
 
 48-32 
 
 56-45 
 
 5 
 
 12-80 
 
 19-78 
 
 26-99 
 
 34-51 
 
 42-33 
 
 50-46 
 
 59- 
 
 5i 
 
 13-5 
 
 20-71 
 
 38-23 
 
 36 05 
 
 44-18 
 
 52-62 
 
 61-36 
 
 -Si 
 
 1411 
 
 21-63 
 
 29-45 
 
 37 58 
 
 46-02 
 
 54-76 
 
 63-81 
 
 51 
 
 14-73 
 
 22-55 
 
 30-68 
 
 39-12 
 
 47-86 
 
 56-91 
 
 66-27 
 
 6 
 
 15-34 
 
 23-47 
 
 31-91 
 
 40-65 
 
 49-7 
 
 59-06 
 
 68 73 
 
 64 
 
 
 25-31 
 
 34-36 
 
 43-72 
 
 53-39 
 
 63-36 
 
 73 41 
 
 7 
 
 
 27-15 
 
 36-82 
 
 46-79 
 
 56-84 
 
 67-65 
 
 78-53 
 
 74 
 
 
 29- 
 
 39-05 
 
 49-86 
 
 60-74 
 
 71 95 
 
 83-45 
 
 8 
 
 
 30-83 
 
 41-71 
 
 52-92 
 
 64-42 
 
 76 23 
 
 88-35 
 
 84 
 
 
 32 9 
 
 44-4 
 
 56-21 
 
 68 33 
 
 80-76 
 
 93-49 
 
 9 
 
 
 3452 
 
 46-64 
 
 59-07 
 
 71-8 
 
 84-84 
 
 98-18 
 
 94 
 
 
 36-36 
 
 49-09 
 
 62 13 
 
 75-47 
 
 89-13 
 
 103-1 
 
 10 
 
 
 38-2 
 
 51.54 
 
 65-2 
 
 79-16 
 
 93.42 
 
 108- 
 
 104 
 
 
 40-04 
 
 54- 
 
 68-26 
 
 82-84 
 
 97.71 
 
 113- 
 
 11 
 
 
 41-88 
 
 56-46 
 
 71-33 
 
 86-52 
 
 102-01 
 
 117-81 
 
 114 
 
 
 43-71 
 
 58-9 
 
 74-39 
 
 90-79 
 
 106-3 
 
 122-71 
 
 12 
 
 
 45-55 
 
 61-35 
 
 77-46 
 
 93-6 
 
 110.6 
 
 127-6 
 
 bore. 
 
 Xin. 
 
 XiJi- 
 
 %in. 
 
 lin. 
 
 ■[% in.lK in. 
 
 \'A in 
 
 IJiin. 
 
 2 in. 
 
 'inch ' 
 
 IbH. 
 
 lbs. 
 
 Ib9. 
 
 lbs. 
 
 lbs. 
 
 Iba. 
 
 lbs. 
 
 Jb3. 
 
 lbs. 
 
 124 
 
 13 
 
 63-5 
 
 97-3 
 
 114 
 
 132 
 
 149 
 
 167 
 
 205 
 
 243 
 
 285 
 
 66- 
 
 101- 
 
 118 
 
 137. 
 
 154 
 
 173-5 
 
 212 
 
 252 
 
 294 
 
 134 
 
 14 
 
 68-4 
 
 104-8 
 
 122 
 
 1415 
 
 160 
 
 179 
 
 219 
 
 260 
 
 304 
 
 71- 
 
 108-2 
 
 126 
 
 146- 
 
 165 
 
 185 
 
 227 
 
 269 
 
 314 
 
 "4 
 
 15 
 
 73-4 
 
 11 2.3 
 
 130 
 
 151- 
 
 170 
 
 192 
 
 234 
 
 277 
 
 324 
 
 75-8 
 
 115-7 
 
 135 
 
 156- 
 
 176 
 
 198 
 
 242 
 
 286 
 
 334 
 
 154 
 
 16 
 
 78 1 
 
 119- 
 
 139 
 
 161- 
 
 181 
 
 204 
 
 250 
 
 295 
 
 344 
 
 80-7 
 
 123- 
 
 143 
 
 166- 
 
 187 
 
 211 
 
 257 
 
 303 
 
 355 
 
 164 
 17 
 
 83-1 
 
 126-5 
 
 147 
 
 170-1 
 
 192 
 
 217 
 
 264 
 
 312 
 
 363 
 
 85-5 
 
 130- 
 
 152 
 
 178.5 
 
 198 
 
 223 
 
 271 
 
 322 
 
 376 
 
 18 
 
 90-5 
 
 137- 
 
 161 
 
 185- 
 
 209 
 
 235 
 
 285 
 
 338 
 
 393 
 
 19 
 
 95-5 
 
 1448 
 
 169 
 
 195- 
 
 222 
 
 247 
 
 300 
 
 354 
 
 412 
 
 20 
 
 100- 
 
 152- 
 
 178 
 
 205- 
 
 233 
 
 259 
 
 315 
 
 372 
 
 432 
 
100 
 
 AREAS OF CIECLES. 
 
 AREAS OF CIKCLES. 
 
 i 
 
 4^0.875 
 495.796 
 500.741 
 505.711 
 510.706 
 515.725 
 520.769 
 525.837 
 
 530.930 
 536.047 
 541.189 
 546.366 
 551.547 
 556.762 
 562.002 
 567.267 
 
 572.556 
 577.870 
 583.208 
 588.571 
 593.958 
 599.370 
 604.807 
 610.268 
 
 615.753 
 621.263 
 626.798 
 632.357 
 637.941 
 643.594 
 649.182 
 654.839 
 
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 Use of the Table : — To find the Capacity of any Cylindrical Measure, 
 from 1 Incli Diameter to 30 Incites, talce the inside Diameter of the Measure 
 in Inches, and Multiply the Area in the Table, which corresponds to the 
 Diameter, by the depth in Inches, and divide the Products, if Gills are required, 
 by 7-2175, if Pints by 23.875, if Quarts by 57.75, and if Gallons by231. If bushels 
 are required, (say in a Tierce or Barrel, alter the mean diameler is obtained), 
 multiply as above, and divide the product by 2150.43, the quotient is the num- 
 ber of bushels. Calling the Diameters Feet the Areas are Feet, —then, if a 
 Ship's Water Tank, Sleam Boiler, &c., is 5)^, or any number of Feet and 
 parts of Feet in Diameter, find the Area in the Table which correspond? in 
 Inches, multiply it by the length ir. Feet, and multiply this result by a Cubic 
 Foot, (7.4805), andthe product is the answer in Gallons. If, in any case, there 
 ttte more fisures in the divisor than in the dividend, add ciphers. 
 
WAGES TABLE, BY THE BAY AND MONTH. 
 
 IMtin 
 
 ^ 
 
 1-75 
 3-50 
 5-25 
 
 8-75 
 10-50 
 12-25 
 14-00 
 15-75 
 17-50 
 19-25 
 21-00 
 22-75 
 24-50 
 26-25 
 28-00 
 29-75 
 31-60 
 33-25 
 35-00 
 36-75 
 38-50 
 40-25 
 42-00 
 43-75 
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102 WAGES BY DAY AND WEEK FEOM 50 CTS. TO |3-25. 
 
 
 Days. 
 
 50 as. 60 as. 
 
 02J rt. 170 CIS. 
 
 75 as. 
 
 80 as. 
 
 87} cl. 
 
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WAGES BY DAY AND WEEK FROM $3'60 TO $12'00. 103 
 
 Days. 
 
 S3-50 
 
 S3-75 
 
 $4-00 
 
 S4-25 
 
 $4-50 $4-75 
 
 $5-00 
 
 85^25 
 
 $5^50 
 
 $5-75' 
 
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 10-50 
 
 11-25 
 
 13-00 
 
 13-75 
 
 13-50 
 
 14^25 
 
 15-00 
 
 15-75 
 
 16-50 
 
 17-25 
 
 13^00 
 
 19 
 
 11-08* 
 
 11-874 
 
 12-664 
 13-3-33 
 
 13-45J 
 
 14-25 
 
 1504 
 
 15-83: 
 16-66J 
 
 16-624 
 
 17-414 
 
 I8-203 
 
 19^00 
 
 30 
 
 11-66| 
 
 12-50 
 
 14-16J 
 
 15-00 
 
 15-83* 
 18-62 
 
 17-50' 
 
 18.33i 
 
 19-16! 
 
 20-00 
 
 21 
 
 1226 
 
 13-124 
 
 14-00 
 
 14-87J 
 
 15-75 
 
 17-50 
 
 18-374 
 
 19-25 
 
 20-12J 
 
 21-00 
 
 22 
 
 12-83i 
 
 13-75 
 
 14-604 
 
 15-58i 
 
 16-50 
 
 17-41 
 18-20 
 
 18-33 
 19-16; 
 
 19-25 
 
 20-16, 
 21-08; 
 
 21-083 
 
 |22-00 
 
 23 
 
 13-4U 
 
 14-374 
 
 15-331 
 
 16-39 
 
 17-35 
 
 •20-124 
 
 33-04 
 
 I23-OO 
 
 24 
 
 14-00 
 
 15-00 
 
 16-00 
 
 1700 
 
 18-00 
 
 19-00 
 
 20-00 
 
 21-00 
 
 23-00 
 
 23-00 |24-00 
 
 25 
 
 14-5Si 
 
 15-624 
 
 10-664 
 
 17-70 
 18-41 
 
 18-75 
 
 19-79 
 
 20-83,1 
 21-66] 
 
 21-874 
 
 22-914 
 
 23-953125-00 
 24-914,26-00 
 
 2S 
 
 IS^IOJ 
 
 16-25 
 
 17-33^ 
 
 19-50 
 
 20-58,1 
 
 22-75 
 
 23-83* 
 
 27 
 
 15^75 
 
 16-874 
 
 18-00 
 
 19-13 
 19-83 
 
 20-25 
 
 21-37|l22-50 
 
 23-824 
 
 24-75 
 
 25-874,27-00 
 
 28 
 
 1633^ 
 
 17-50 1 18-654 
 
 21-00 
 
 22-164123-331 
 
 24-50 
 
 25.664 
 
 26-83J 138-00 
 
 Dfiys. 
 
 86-50 
 
 S7-00 
 
 S7-50 $3-00 IS8-50 
 
 S9-00 
 
 S9-50 
 
 $10-00 
 
 $10-50 
 
 $11-00 
 
 $12-00 
 
 
 -27 
 •54 
 
 •29 
 
 •58} 
 
 •87| 
 
 -62I 
 
 •33} 
 •664 
 
 -354 
 
 ■70j 
 
 ]-06| 
 
 -374 
 •75 
 
 -394 
 -79 
 
 •414 
 •83| 
 
 -435 
 •87i 
 
 -453 
 -9l| 
 
 -50 
 1-00 
 
 •81J 
 
 •93| 
 
 l^OO 
 
 1^124 
 
 MS,? 
 
 1-25 
 
 1-31} 
 
 1-374 
 
 1-50 
 
 1 
 
 1-08J 
 2^16| 
 
 H64 
 
 1-25 
 
 1^33} 
 3^60| 
 
 1-414 
 
 1-50 
 
 vm 
 
 1-664 
 
 1^75 
 
 1-831 
 
 2-00 
 
 2 
 
 2^33J 
 
 2-50 
 
 2-8.31 
 
 3-00 
 
 .3^164 
 
 3-33} 
 
 3^50 
 
 3-684 
 
 4 00 
 
 3 
 
 325 
 
 3-50 
 
 3-75 
 
 4-00 
 
 4-25 
 
 4-50 
 
 4^75 
 
 6-00 
 
 525 
 
 6-50 
 
 6-00 
 
 4 
 
 4-33i 
 5^4l| 
 
 4^66 
 
 5-00 
 
 5-33} 5-064 
 6-66|' 7-08} 
 
 600 
 
 6^33} 
 7-91J 
 
 6604 
 
 7-00 
 
 7-33} 
 
 8-00 
 
 5 
 
 583 
 
 6-25 
 
 7-50 
 
 8-33} 
 
 8-75 
 
 9-164 
 
 10-00 
 
 6 
 
 6^50 
 
 7-00 
 
 7-30 
 
 8-00 1 8-50 
 
 9-00 
 
 9-50' 
 
 10-00 
 
 10-50 
 
 11-00 
 
 12-00 
 
 7 
 
 7^5SJ 
 
 8-164 
 
 8-75 
 
 9-33}; 9-91S 
 10 064 11-33} 
 
 10-50 
 
 11-08} 
 
 11-664 
 
 12-26 
 
 12-83I 
 14-66? 
 
 14-00 
 
 8 
 
 8^80^ 
 
 9-331 
 
 l(}-00 
 
 13-00 
 
 12-664 
 
 13-33} 
 
 14-00 
 
 16-00 
 
 9 
 
 9-75 
 
 10-50 
 
 11-25 
 
 12-00'|12-75 
 
 13-50 
 
 14-25 
 
 15-00 
 
 15-75 
 
 16-60 
 
 18-00 
 
 10 
 
 10^83} 
 11^9U 
 
 11-664 
 
 13-50 
 
 13-33} 14-164 
 
 15-00 
 
 15-83} 
 17-414 
 
 16-664 
 
 17-50 
 
 1S-33J 
 20-164 
 
 20-00 
 
 11 
 
 12-833 
 
 13-75 
 
 14-664 15-58} 
 
 16.50 
 
 18-33} 
 
 19-25 
 
 22-00 
 
 12 
 
 13-00 
 
 14-00 
 
 15-00 
 
 16-OU 1 17-00 
 
 18-00 
 
 19-00 
 
 20-00 
 
 21-00 
 
 22-00 
 
 24-00 
 
 13 
 
 14-03J 
 15-16] 
 
 15-164 
 
 16-35 
 
 17-33} I8-414 
 
 19-50 
 
 20-58} 
 22-164 
 
 21^664 
 
 22-75 
 
 23-83, 
 25-06' 
 
 26-00 
 
 14 
 
 16-33J 
 
 17-50 
 
 18-684 19-83} 
 
 21-00 
 
 23-33}l 24-50 
 
 28-00 
 
 15 
 
 16-35 
 
 17-50 
 
 18-75 
 
 20-00". 21-25 
 
 22-50 
 
 23-75 
 
 25-00 28-25 
 
 27-50 
 
 30-00 
 
 18 
 
 17-33} 
 lS-4l| 
 
 18 064 
 
 20-00 
 
 21-33} 22-664 
 22-664 24-031 
 
 24-00 
 
 25-33} 
 26-9l| 
 
 26-665I 23-00 
 
 29-33} 
 31-16.4 
 
 32-00 
 
 17 
 
 19-833 
 
 31-25 
 
 25-50 
 
 28-33,29-75 
 
 34-00 
 
 IS 
 
 19-50 
 
 21-00 
 
 32-50 
 
 24-00 ,25-50 
 
 27-00 
 
 28-50 
 
 30-00 [31-50 
 
 33^00 
 
 3&00 
 
 19 
 
 20-58, 
 21-66 
 
 22-164 
 
 a3-7S 
 
 25-33} 26-914 
 26-664 28-33} 
 
 28-50 
 
 30-08} 
 31-684 
 
 31-864 33-35 
 
 34^&3i 
 
 3fr00 
 
 20 
 
 23-333 
 
 25-00 
 
 30-00 
 
 33-33} 35-00 
 
 36^664 
 
 40^00 
 
 21 
 
 22-75 
 
 24-60 
 
 36-25 
 
 28-00 i29-75 
 
 31-50 
 
 33-25 
 
 35-00 136-75 
 
 38^50 
 
 42-00 
 
 22 
 
 23-83, 
 24-91 
 
 25-664 
 36-803 
 
 27-50 
 
 29-33,i'31 164 
 30-664 33'58i 
 
 33-00 
 
 34-831 
 36-414 
 
 36-664'3S-50 
 
 40^33} 
 
 44-00 
 
 23 
 
 2S-75 
 
 34-50 
 
 38-33} 40-25 
 
 42^164 
 
 46-00 
 
 24 
 
 26-00 
 
 28-00 
 
 30-00 
 
 32-00 '31-00 
 
 36-00 
 
 38-00 
 
 40-00 42-00 
 
 44^00 
 
 48-00 
 
 25 
 
 27-08} 
 28-16| 
 
 29-164 
 
 31-25 
 
 33-33,35-414 
 
 37-50 
 
 39-58} 
 
 41-664 43-75 
 
 ^•83* 
 47^684 
 
 50-00 
 
 28 
 
 30-33} 
 
 .32-50. 
 
 34-664 SS-eS} 39-00 
 
 41-16| 
 
 43-33}45^50 
 
 52-00 
 
 27 
 
 29-25 
 
 31-50 
 
 33-75 
 
 36-00 138-25 40-50 
 
 42^75 
 
 45^00 47^25 
 
 49-50 
 
 54-00 
 
 23 
 
 30-333 
 
 33-664 
 
 35-00 
 
 37-33}l39-664 42-00 
 
 44^33} 
 
 46-664l49^00 
 
 51^331 56-00 1 
 
104 WAGES BY THE MONTH PEOM f5-00 TO $30-00. 
 
 6ce V 
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 CI 
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 S§gSEPf3SgSS3gS5S§SaS3SSSgsg 
 
 s 
 
 
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 5JSSg§83SSSSf:SS3g8S2SS8gSSa8 
 
 i-(<r»OTeo'#wiocDi>oocDCiOO^c)c?co-^inotct-onc; 
 
 s 
 
 CO 
 
 €6 
 
 ggSE;§S!83S3ggSgggS&SSffiSSggSg 
 
 rHCTOTCO-WtMOtDCOC-QOClClOi-li-HNMCO^inoOr^CD 
 
 
 8 
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 gSggSgSgSSRgggSSSSggSSSBRgS 
 
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READY RECKONER FREIGHTS EXCHANGE. 
 
 105 
 
 Ready Reckoner for Boarding Houses, Hotels, ^c. 
 
 [These Tables give the amount of every, and any number of Days, from 1 to 7, at from 
 
 fit) Cents to 12 Dollars per ■week.] 
 
 "When the board exceeds $10. per week, add together, or double two numbers. 
 
 Days. 
 
 SOc. 
 7 
 
 75 c. 
 11 
 
 $100 
 
 S125 
 
 SI 50 
 
 «1 75 
 
 $2 00 
 
 S2 25 
 
 }f 2 50 
 36 
 
 SS3 00 
 
 1 
 
 14 
 
 18 
 
 21 
 
 25 
 
 29 
 
 32 
 
 43 
 
 2 
 
 14 
 
 21 
 
 29 
 
 36 
 
 43 
 
 SO 
 
 57 
 
 64 
 
 71 
 
 86 
 
 3 
 
 SJl 
 
 ita 
 
 43 
 
 54 
 
 64 
 
 75 
 
 86 
 
 96 
 
 1 07 
 
 1 29 
 
 4 
 
 29 
 
 4a 
 
 57 
 
 71 
 
 86 
 
 100 
 
 1 14 
 
 1 29 
 
 1 43 
 
 1 71 
 
 5 
 
 y6 
 
 54 
 
 71 
 
 89 
 
 1 07 
 
 125 
 
 143 
 
 1 01 
 
 1 79 
 
 2 14 
 
 6 
 
 V) 
 
 64 
 
 82 
 
 1 07 
 
 129 
 
 1 50 
 
 1 71 
 
 1 93 
 
 2 14 
 
 2 57 
 
 7 
 
 50 
 
 75 
 
 1 00 
 
 1 25 
 
 1 50 
 
 1 75 
 
 2 00 
 
 225 
 
 2 60 
 
 3 00 
 
 Days. 
 
 $3 50 
 
 S4 00 
 
 $4 50 
 
 S5 00 
 
 S6 00 
 
 $7 00 
 
 S8 00 
 
 $9 00 
 
 $10 00 
 
 1 
 
 50 
 
 57 
 
 64 
 
 71 
 
 86 
 
 1 00 
 
 1 14 
 
 I 29 
 
 1 43 
 
 S 
 
 1 00 
 
 1 14 
 
 1 29 
 
 1 43 
 
 1 71 
 
 2 00 
 
 2' 29 
 
 2 67 
 
 2 86 
 
 3 
 
 150 
 
 171 
 
 193 
 
 2 14 
 
 2 57 
 
 3 00 
 
 3 43 
 
 3 86 
 
 4 29 
 
 4 
 
 2 00 
 
 2 20 
 
 2 57 
 
 2 86 
 
 3 43 
 
 4 00 
 
 4 57 
 
 5 14 
 
 5 71 
 
 5 
 
 2 50 
 
 2 86 
 
 3 21 
 
 3 67 
 
 4 29 
 
 5 00 
 
 5 71 
 
 6 43 
 
 7 14 
 
 G 
 
 3 00 
 
 3 43 
 
 3 86 
 
 4 29 
 
 5 14 
 
 6 00 
 
 6 86 
 
 7 71 
 
 8 57 
 
 7 
 
 3 50 
 
 4 00, 
 
 4 50 
 
 5 00 
 
 6 00 
 
 7 00 
 
 8 00 
 
 9 00 
 
 10 00 
 
 FREIGHTS. — QUANTITY OF GOODS WHICH COMPOSE A TON. 
 
 From the By-lMws oftht New 
 Thai the articles, ihe bulk of which 
 shall compose a ton, to equal a ton of 
 heavy malerials,shall be m weight as 
 follows: 15G8 lbs. of coffee in casks, 
 1830 lbs. in bags ; 1120 lbs. of cocoa in 
 casks, 1307 lbs. in bags. 
 
 952 lbs. pimento in casks, 1110 in 
 bags. 
 Eight barrels of flour, 19G lbs. each- 
 Six barrels of beef, pork, tallow] 
 pickled fish, pitch, tar and turpentine- 
 Twenty hundred pounds of pig and 
 bar iron, potashes, sugar, logwood, 
 fustic, Nicaragua wood, and all heavy 
 dyewoods, rice, honey, copper ore, 
 and all other heavy goods. 
 
 Sixteen hundred pounds of coffee, 
 cocoa, and dried codfish, in bulk, and 
 twelve hundred pounds of dried cod- 
 fish in casks of any size. 
 Six hundred pounds of ship bread in 
 
 Yorh Chamber of Commerce. 
 casks, seven hundred in bags, and 
 eight hundred in bulk. 
 
 Two hundred gallons (wine mea- 
 sure,) reckoning the full contents of 
 the casks, oil, wine, brandy, or any 
 kind of liquors. 
 
 Twenty-two bushels of grain, peas, 
 or beans, in casks. 
 
 Thirty-six bushels of grain in bulk 
 
 Thirty-six bushels of European salt. 
 
 Thirty-one bushels W. Lidia salt. 
 
 Twenty-nine bushels of sea-coal. 
 
 Forty feel (cubic measure) of ma- 
 hogany, square timber, oak plank, 
 pine, and other boards, beavers, furs, 
 peltry, beeswax, cotton, wool, and 
 bale goods of all kinds. 
 
 One hogshead of tobacco, and ten 
 hundred pounds of dry hides. 
 
 Eight hundred pounds of China ra"w 
 silk, len hundred poujids of netbohea, 
 and 800 green tea. 
 
 EXCHANGE ON ENGLAND. 
 
 5 pr. ct. $4.66.7 I 7 pr. ct. 
 5i . . . 4.63 I 7i . . . 
 53... 4.70.0 I 7| . . . 
 
 6 . . . 4.71.1 7| . . . 
 6^ . . 4.722 I 8 . . . 
 el . 4.73.3 
 65 4.74.4 
 
 Old par value of the Pound Sterling is $4 44.4. Present standard value is 
 S4 84.4. When exchange is at 9 per cent, it is then at par value; ifless than 
 9iiia'beIow,ifhigherthun9itisabove. ..,,.„ . .. -^ ,. « 
 
 To reduce old par value, $4 44.4, lo dollars, multiply by 40, and divide by 9, 
 To reduce dollars to old par value, reverse by mulliplying by 9 and dividing 
 ty 40 The shillings and pence must first be reduced to decimals of a pound. 
 
 8i 
 
 54.75.6 
 
 83 Dr. ct. 
 
 $4.83.3 
 
 lOi pr. ct. $4.91.1 
 
 4.76.7 
 
 9 . . 
 
 4.84.4 
 
 103 . . . 4.92.2 
 
 4.77.8 
 
 9J . . 
 
 4.85.6 
 
 11 . . . 4.93.3 
 
 4.78.9 
 
 9 . . 
 
 4.86.7 
 
 11^. . . 4.04.4 
 
 4.80.0 
 
 9^ . . 
 
 4.97.8 
 
 111 . . 4.95.6 
 ll| . . . 4.96.7 
 
 4.81.1 
 
 16 . . 
 
 4.88.9 
 
 4.82.2 
 
 101 . . 
 
 . 4.90.0 
 
 12 . . 4.97.8 
 
106 
 
 INTEREST TABLE AT 6 PER CENT. 
 
 
 o a 
 
 CO 
 
 
 ^ rt rH -4 CO Tji «5 t^ lO 
 
 s 
 
 
 r-i«C0-*m»l>00OOOOOOOOC3OOOOOOO 
 
 r-n Ci CO -o- o to C- CD ta o = o o <= o 
 
 T- (M CO ■=■ O O 
 
 a ^p^«co.«n.»^«o|2ogo«o« = oogog| 
 
 
 
 Oi. 6 
 
 i-(i-<i-lO)WMCOrT'TJ'Cn-3'C3C3t^ 
 r^ — ^-^ 
 
 00 6 
 
 T-ii-'OJOJCOCOT-^OiraOOC^O 
 
 
 
 CD o 
 
 
 = -,-.«««coc^^cogo^^oc,g_.gg3^g-^ 
 
 SJ 
 
 = -«<r.«(scoc,^^cog<=gS;Sc^SgSSSSg 
 
 Si 
 
 
 CO 6 
 
 ,-(rH— CO 
 
 « m 
 
 o^^^«««co<:ocoi>o;5r^^5joowwggcoco^ 
 
 --i-i-^CO 
 
 O a 
 
 o-HH-NCCcoccor-ogogggonggggg 
 
 THrHCO 
 
 0^^r^M«««CC»00>ggOg3«3g5Hggggg 
 
 00 o 
 
 
 XT' U 
 
 •^^ m 
 
 CO ci 
 
 
 
 0'HT-<^i-iOlCTM(?|lOr*0(NUM^OC?W3 01'3'CiCO^- 
 
 
 
 S 
 
 ee 
 
 
 
 6 
 
 ooT-<.-i<-i>-t.-iQjci(0)'wt3ooow-#c=>coocioc-. gr- 
 
 i-liHiHi-(r-<0)COL'ar-00 
 
 i-H 
 
 
 OOT-lrHfH.-lr-(T-lO»OjTflOl^Cn'-ie?tJ'«3CDO-:f«0'-' 
 r-Hr-(rHT-lTHCOlOi^CiaO 
 
 O u 
 
 031-1— <.-i»Hi-ii-iiHOlCO>Ol>-CDO CI MiOOCOOggJ-f 
 
 05 
 
 o 
 16 
 
 OOOr-I^T-lT-lT-lt-liHCO'COt^ClO'I^WraO-rgrJ'aO 
 
 « 
 
 o 
 
 oo = ^^-H^^^-„^w^coc=;3ggggggg 
 
 CD|d 
 
 «|d" 
 
 *! u 
 
 CO d 
 
 OOO.Hi-tr-i— IrHiHrHWCOmtCC-lXO'OWgJV^OgW 
 
 
 OOOOOOr-l,H,-(T-lCTMeO-*10 0t-t^CD«5if3r?-;(M 
 
 OOOOOOOr-lT— vHi-H 11 r?C0-3"W3mO€^C3O'S??® 
 
 OOOOOOOOOOWc.JO)(NCOCO'd"<J"WOlOC!lOCa 
 
 N 
 
 6 
 
 OOOOOOOOOO.-lr-l^f?JC*CJC0e0C0r^OC-?(DC0 
 
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 OOOOCOOOOOOOi-Hi-li-i.— -Hr-iC*JC0>OC>-Q0ffl 
 
 n 
 
 rHCQW^USCDt^OO 0500000000000 0000 
 
 rH N CO ■<*< »OCD t-00 00 
 
 <-<ClC0^iOO 
 
 R 
 
 s 
 
 « 
 
 
 
 t> 
 
 H 
 
 -3 g 
 
 5 
 
 
 >■ 3 
 
 
 «5 
 
 
 1 
 
 
 
 
 H 
 
 
 ^ 
 
 
 ■^i. 
 
 y 
 
 f- 
 
 S-E 3^ 
 
 
 T, 
 
 
 
 
 N -•§ 
 
 Ss 
 
 K 
 
 ^^R = 
 
 
 
 
 
 < 
 
 >^ 
 
 
 
 
 
 b 
 
 §: = 
 
 
 
 
 >. 
 
 i-^ r= 9 
 
 lis 
 
 J "^ t- 1, ^, >-' ^ 
 
 > C g d =: q 
 1 o o o o o 
 
 , rt g a> a 3 
 
 1411 
 
 
 « H -a o o 
 
 s -s s 
 
 ■3 5 3 
 
INTEREST TABLE AT 7 PER CENT. 
 
 107 
 
 S 
 s 
 2; 
 
 < 
 
 a J 
 w ■§ 
 
 f- 
 
 ^ 
 
 <! 
 
 ^ 
 
 1 
 
 V 
 
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 ? 
 
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 s 
 
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 1 
 
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 33 
 
 
 
 
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 6- 
 
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 CO I 
 
 CS p 
 
 "I 
 
 2 
 
 » """"""sSsssgassssssssssss 
 
 Hcaw t^Qor- 
 
 ■40fnii3«r«XGao 
 
 1H 1^ si ra -"^ lO r-i 
 
 ■<CToiwrt^iooo«r»ncjor 
 
 SCO r-iocooj 
 lO ^ l-^ CO OJ 
 
 S 12^ fHrHCaMM-^^O Wr-I J>C0a5r- 
 
 ■••-(C>IC4C0C0<Q<^IOCOr^t^C 
 
 WrHCTgHQ 
 
 •*OICOC3"*-5rOCOCDCOO 
 
 lOr-fTHQlCTCTeaW-^ 
 
 T-iiHMoiojcoeoTj-flooooo 
 
 tH T-l r-t (W Ol CT CO CO r- O ■!J' OO 
 
 ■f'Hi-'0iCTC?JC3P3OOC0r 
 
 -tMMOlMCOMt-OCOOOe-eOOJCOWOOOCOCO 
 i-lTHi-HWCTCJOlCOWCJCOOfri 
 
 -(OTCTCflCOOOioiOO 
 
 -tCJMMMCOtOCJCTTtt^CPSOCiCptSlO'TCO 
 
 OOi-«.HrHr-tCTMMOHnr»001U3r-OWjgOWOjr!2 
 
 ^ |='^'-<^'-''-'<WCTojCT«st-ow^<gaojH^ooCTi2o 
 
 HMWOT'<3«tOOO'-l«'ra5-Cl-^(NC2**U5» 
 
 'rOOr-tTHrHi-tr-IClCTW*<OCDO(NWOr«-OCIJCO(^^OT 
 
 ■*l?)CTMir3r~ClOCT"*Of-W'-'CiSDC0 
 
 T-CrHiH.-H-ICO'OWQOt'- 
 
 iHi-it-lr-(C0^(Or*W 
 
 ^ rooo.-oHiH.-i.-ii-iTHCQ-^s'irtr'Cno^CTmrjojjgj 
 
 lOOOOO r 
 
 HOICO^W^r-OOOOOlOJODCOO 
 
 ■^ I c 
 
 jOO OO O O r 
 
 iOOOOOOOOOiHiHMOTM«Tj<WWOC)r-C 
 
 IOOOOOOOOOOt- 
 
 ■<«c>ioicortn«9'COCTi'3o>co 
 
 "I 
 
 OOOOOOOOOOOO^^'HrH.-fCIOJCH'fl'tOQDO^ 
 
 
 iHN«^«Og 
 
 ■s 
 
 fe-^SS 
 
 J; 
 
 «1SS 
 
 .fi 
 
 
 
 :S 
 
 g|?|l 
 
 ii 1 
 
 1 gg..» 
 
 
 
 
 «i 
 
 \ii%% 
 
 i-a 
 
 " Sr«^ S 
 
 u 
 
 a o 
 
 
 
 " "i-'S 
 
 So 
 
 
 ^,2 
 
 Ij!E« 
 
 -a 
 
 111^2 
 
 
 §• a.SSaS 
 
 QQ O 
 
 '^ a £ 
 
 
 SS^fr 
 
 
 
 ° 2 s 
 
 3 
 
 
 
 sal 
 
 
 ^Is 
 
 
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 &= a 
 
 
 
 
 
 
 S s a 
 
 
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 ■3.2 a 
 
 
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 " OBBOa 
 H a o o o o 
 
 iS 
 
108 
 
 MONTH AND YEAR INTEREST TABLES. 
 
 MONTH INTEREST TABLE, AT SIX PER CENT PER ANNUib. 
 
 Doll 
 
 1 Mo 
 
 2 Mo 
 
 3 Mo 
 
 iMo 
 
 5 Mo 
 
 6 Mo , 7 Mo 
 
 SMb 
 
 a Mo 
 
 10 M 
 
 11 .M 1 K- 1 
 
 1 
 
 ■ 1 
 
 ■ 1 
 
 ■ 2 
 
 ■ 2 
 
 ■ 3 
 
 ■ 3 
 
 ■ 4 
 
 • 4 
 
 ■ 5 
 
 • 6 
 
 •6 
 
 ■ 6 
 
 a 
 
 • 1 
 
 • 2 
 
 • 3 
 
 • 4 
 
 ■ 5 
 
 • 6 
 
 • 7 
 
 • 8 
 
 • 9 
 
 •10 
 
 ■11 
 
 ■12 
 
 3 
 
 ■ 2 
 
 • 3 
 
 • 5 
 
 • 6 
 
 • 8 
 
 • 9 
 
 •11 
 
 12 
 
 •14 
 
 •15 
 
 •17 
 
 •18 
 
 4 
 
 ■ 2 
 
 • 4 
 
 ■ 6 
 
 • 8 
 
 ■10 
 
 •12 
 
 •14 
 
 •16 
 
 •18 
 
 •20 
 
 •22 
 
 •24 
 
 5 
 
 • 3 
 
 • 5 
 
 • 8 
 
 •10 
 
 •13 
 
 •15 
 
 •18 
 
 •20 
 
 •23 
 
 •25 
 
 •28 
 
 •30 
 
 f) 
 
 • 3 
 
 • 6 
 
 • 9 
 
 •12 
 
 ■15 
 
 •18 
 
 -21 
 
 •24 
 
 ■27 
 
 ■30 
 
 •33 
 
 •36 
 
 7 
 
 ■ 4 
 
 • 7 
 
 •11 
 
 •14 
 
 ■18 
 
 •21 
 
 •25 
 
 •28 
 
 •32 
 
 •35 
 
 •39 
 
 •42 
 
 8 
 
 ■ 4 
 
 • 8 
 
 •12 
 
 •16 
 
 •20 
 
 •24 
 
 •28 
 
 •32 
 
 •36 
 
 •40 
 
 •44 
 
 ■48 
 
 9 
 
 • 5 
 
 • 9 
 
 •14 
 
 •13 
 
 •23 
 
 •27 
 
 •32 
 
 •36 
 
 •41 
 
 •45 
 
 ■50 
 
 •54 
 
 10 
 
 • 5 
 
 •10 
 
 •15 
 
 •20 
 
 •25 
 
 ■30 
 
 •35 
 
 •40 
 
 •45 
 
 •.50 
 
 ■65 
 
 -60 
 
 15 
 
 • 8 
 
 ■15 
 
 •23 
 
 •30 
 
 •38 
 
 •45 
 
 •53 
 
 •60 
 
 •68 
 
 •75 
 
 ■83 
 
 •90 
 
 20 
 
 •10 
 
 ■20 
 
 •30 
 
 •40 
 
 •50 
 
 •60 
 
 •70 
 
 •80 
 
 •90 
 
 1^00 
 
 VVS 
 
 1-20 
 
 25 
 
 ■13 
 
 ■25 
 
 •38 
 
 •50 
 
 •63 
 
 •75 
 
 •88 
 
 1^00 
 
 1-13 
 
 V25 
 
 138 
 
 1-50' 
 
 30 
 
 •15 
 
 ■30 
 
 •45 
 
 •60 
 
 •75 
 
 •90 
 
 1-05 
 
 120 
 
 1^35 
 
 1^50 
 
 1-65 
 
 rso 
 
 40 
 
 •20 
 
 •40 
 
 •60 
 
 •80 
 
 1-00 
 
 1^20 
 
 1-40 
 
 1^60 
 
 1^80 
 
 2^00 
 
 2 20 
 
 2-40 
 
 50 
 
 •25 
 
 •50 
 
 •75 
 
 100 
 
 1^25 
 
 1^50 
 
 1-75 
 
 2^00 
 
 225 
 
 2-50 
 
 2-75 
 
 300 
 
 60 
 
 ■30 
 
 •60 
 
 •90 
 
 1^20 
 
 1-50 
 
 1-80 
 
 2-10 
 
 2-40 
 
 2^70 
 
 3^00 
 
 3-30 
 
 3-60 
 
 70 
 
 •35 
 
 ■70 
 
 1-05 
 
 1-40 
 
 1-75 
 
 2^10 
 
 2-45 
 
 2-80 
 
 3^15 
 
 3-50 
 
 3-85 
 
 4-20 
 
 80 
 
 •40 
 
 •80 
 
 1^20 
 
 1-60 
 
 2^00 
 
 2-40 
 
 2-80 
 
 3-20 
 
 3 60 
 
 4^00 
 
 4^40 
 
 4-SO 
 
 90 
 
 •45 
 
 •90 
 
 1-35 
 
 1^80 
 
 2^25 
 
 2-70 
 
 3-15 
 
 3-60 
 
 4^05 
 
 4-50 
 
 4-95 
 
 5-40 
 
 100 
 
 •50 
 
 1^00 
 
 1^50 
 
 2^00 
 
 2^50 
 
 3-00 
 
 3-50 
 
 4-00 
 
 4^50 
 
 5 00 
 
 .5-50 
 
 6-00 
 
 200 
 
 100 
 
 200 
 
 300 
 
 4^00 
 
 5-00 
 
 6-00 
 
 7-00 
 
 8-00 
 
 9^00 
 
 10-00 
 
 11-00 
 
 12-00 
 
 300 
 
 1-50 
 
 3-00 
 
 4 50 
 
 600 
 
 7-50 
 
 9-00 
 
 10-50 
 
 12-00 
 
 13-50 
 
 15-00 
 
 16-i50 
 
 18-00 
 
 400 
 
 200 
 
 4'00 
 
 6-00 
 
 8-00 
 
 10^00 
 
 12-00 
 
 14-00 
 
 16-00 
 
 18^00 
 
 20-00 
 
 22-00 
 
 2(-00 
 
 500 
 
 2-50 
 
 S^OO 
 
 7-60 
 
 10-00 
 
 12^50 
 
 15-00 
 
 17-UO 
 
 20^00 
 
 22-50 
 
 25-00 
 
 27-50 
 
 30-00 
 
 1000 
 
 5^00 
 
 10-00 
 
 1500 
 
 20-00 
 
 26^00 
 
 30-00 
 
 35-00 
 
 40-00 
 
 45^00 
 
 50^00 
 
 55-00 
 
 60-00 
 
 MON 
 
 TH W 
 
 JTEREST TABLE, AT SEVEN PER 
 
 CENT PER ANNUM. 
 
 Doll 
 
 IMo 
 
 2 Mo 
 
 3 Mo 
 
 iMo 
 
 5 Mo 
 
 6J1& 
 
 1 Mo 
 
 BMo 
 
 9 Mo 
 
 lOikf 
 
 11 JH 
 
 irr 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 ■ 1 
 
 ■ 1 
 
 • 2 
 
 ■ 2 
 
 ■ 3 
 
 ■ 4 
 
 ■ 4 
 
 ■ 5 
 
 ■ 5 
 
 • 6 
 
 ■ 6 
 
 • 7 
 
 2 
 
 • 1 
 
 • 2 
 
 • 4 
 
 ■ 5 
 
 • 6 
 
 • 7 
 
 • 8 
 
 ■ 9 
 
 •11 
 
 •12 
 
 •13 
 
 •14 
 
 3 
 
 • 2 
 
 • 4 
 
 • 5 
 
 ■ 7 
 
 • 9 
 
 •11 
 
 •12 
 
 •14 
 
 •16 
 
 •J8 
 
 •19 
 
 •21 
 
 4 
 
 • 2 
 
 • 6 
 
 • 7 
 
 ■ 9 
 
 •12 
 
 ■14 
 
 •16 
 
 19 
 
 •21 
 
 ■23 
 
 •20 
 
 •23 
 
 5 
 
 • 3 
 
 • 6 
 
 • 9 
 
 ■12 
 
 ■15 
 
 ■18 
 
 •20 
 
 •23 
 
 •86 
 
 •29 
 
 •32 
 
 ■35 
 
 6 
 
 • 4 
 
 • 7 
 
 •11 
 
 ■14 
 
 ■18 
 
 •21 
 
 •25 
 
 •28 
 
 •33 
 
 •35 
 
 •39 
 
 ■42 
 
 7 
 
 . 4 
 
 • 8 
 
 •12 
 
 ■16 
 
 •20 
 
 •25 
 
 •29 
 
 •.33 
 
 •37 
 
 •41 
 
 •45 
 
 •49 
 
 8 
 
 • 5 
 
 • 9 
 
 •14 
 
 •19 
 
 ■23 
 
 -28 
 
 •33 
 
 •37 
 
 ■42 
 
 •47 
 
 •61 
 
 •S6 
 
 9 
 
 • 5 
 
 -11 
 
 •16 
 
 •21 
 
 ■26 
 
 •32 
 
 •37 
 
 •42 
 
 ■47 
 
 ■53 
 
 •58 
 
 •63 
 
 10 
 
 • 6 
 
 •12 
 
 •18 
 
 •23 
 
 ■29 
 
 •35 
 
 ■Al 
 
 •47 
 
 •53 
 
 •58 
 
 •64 
 
 •70 
 
 15 
 
 ■ 9 
 
 .18 
 
 •26 
 
 •35 
 
 ■44 
 
 •S3 
 
 •61 
 
 •70 
 
 •79 
 
 ■88 
 
 •96 
 
 1.05 
 
 20 
 
 •12 
 
 •23 
 
 •35 
 
 ■47 
 
 ■58 
 
 •70 
 
 •82 
 
 •93 
 
 1^05 
 
 M7 
 
 1^23 
 
 WO 
 
 25 
 
 •15 
 
 •29 
 
 •44 
 
 •53 
 
 ■73 
 
 •88 
 
 ro2 
 
 1^17 
 
 131 
 
 146 
 
 1^60 
 
 1-75 
 
 30 
 
 •18 
 
 •35 
 
 •53 
 
 •70 
 
 •S8 
 
 1^05 
 
 1-23 
 
 1^40 
 
 1^58 
 
 1^75 
 
 193 
 
 2-10 
 
 40 
 
 •23 
 
 •47 
 
 •70 
 
 •93 
 
 1^17 
 
 1-40 
 
 1-63 
 
 1^87 
 
 2-10 
 
 233 
 
 2-57 
 
 2-80 
 
 50 
 
 •29 
 
 •58 
 
 •88 
 
 1^17 
 
 1^46 
 
 1-75 
 
 2^04 
 
 2^33 
 
 2-03 
 
 2-92 
 
 3-21 
 
 3-50 
 
 CO 
 
 •35 
 
 •70 
 
 1^05 
 
 1-40 
 
 1^75 
 
 2-10 
 
 2-45 
 
 2^80 
 
 3-15 
 
 3^50 
 
 3'S5 
 
 4'20 
 
 70 
 
 •41 
 
 •82 
 
 123 
 
 1^63 
 
 2-04 
 
 245 
 
 2-86 
 
 3^a7 
 
 3-68 
 
 4^08 
 
 4^49 
 
 4-90 
 
 80 
 
 •47 
 
 •93 
 
 1^40 
 
 1^87 
 
 2-33 
 
 2-80 
 
 3-27 
 
 3-73 
 
 4-20 
 
 4-67 
 
 5^13 
 
 5^60 
 
 90 
 
 •53 
 
 1^05 
 
 1^58 
 
 2-10 
 
 2-63 
 
 .^•15 
 
 3-68 
 
 4-20 
 
 4-73 
 
 5-15 
 
 5 78 
 
 6-30 
 
 100 
 
 •68 
 
 M7 
 
 1^75 
 
 2-33 
 
 2-92 
 
 350 
 
 4^08 
 
 4^67 
 
 5-25 
 
 583 
 
 6-42 
 
 7-00 
 
 200 
 
 1^17 
 
 233 
 
 3-50 
 
 4-67 
 
 5-83 
 
 7^00 
 
 8^17 
 
 9^33 
 
 10-50 
 
 1V67 
 
 12-83 j 14-00 
 
 300 
 
 1-75 
 
 3^50 
 
 5^25 
 
 7-00 
 
 8-75 
 
 lO^SO 
 
 12-25 
 
 14^00 
 
 15-75 
 
 17-50 
 
 19-25 ' 2MK) 
 
 400 
 
 2-33 
 
 4^67 
 
 7^00 
 
 9-33 
 
 11-67 
 
 14^00 
 
 16-33 
 
 18-67 
 
 21-00 
 
 23-33 
 
 •35 67;a8^00 
 
 500 
 
 2-92 
 
 5^S3 
 
 8^75 
 
 11-67 
 
 14-58 
 
 17-50 
 
 20-42 
 
 23-33 
 
 26-25 
 
 29-17 
 
 32-03 1 35-00 
 
 1000 
 
 5-83 
 
 n67 
 
 17-50 23-33 '29^ 17 
 
 35^00" 
 
 40-83 146-67 
 
 5a^5B 
 
 53-33 
 
 64-17 1 70-00 
 
 QUICK METHOD OF CALCULATING IMTEREST FOR DAYS. 
 Mul;iply the principal by tlie number of diiys antl divide the product (if for 
 Spercem.) by 7200 ; (if forOper cent.) by 6000; (if for7per cenl.) by 5143; 
 (if for 8 per cent.) by 4500 ; (if for 9 pet- cent.) by 4000 ; (if for 10 per cent.)by 3G0O. 
 Ex/lMPLE.— Whatis the interest on S 120 for 20 days at 10 per cent. 
 120 00 dollars, 
 Multiplied by 20 days. 
 
 Divided by 3600)2400.00(60-6 cents interest. 
 
EQUATING, OR AVERAGING PAYMENTS. 
 
 109 
 
 I'AHm for Banking and Equation, showinfr tlie number gi 
 
 days from any Dale in one Month, to the same Dale in 
 
 any other Month. - Example. How many days from 
 the 2d ol Febru ary to the 2cl of A u^ust ? Look for February 
 at the lelt hand, and August at ,lhl! top. In the angle Is 181. 
 
 1855. 
 
 From 
 
 To 
 
 "-9 
 
 his 
 
 c 
 
 s 
 
 : c 
 
 a 
 
 "a 
 
 bn 
 
 < 
 
 
 i 
 
 1 
 
 
 Jitn. 
 
 3f),') 
 
 31 59 
 
 90 
 
 190 
 
 151 
 
 181 
 
 212 
 
 243 
 
 273 
 
 304 
 
 1134 
 
 Feb. 
 
 334 
 
 365 28 
 
 .59 
 
 89 
 
 120 
 
 1.50 
 
 181 
 
 212 
 
 242 
 
 273 
 
 S03 
 
 Mur. 
 
 JOB 
 
 337 365 
 
 31 
 
 fil 
 
 92 
 
 122 
 
 1.53 
 
 184 
 
 214 
 
 24b 
 
 276 
 
 Aiiril. 
 
 ■a^ 
 
 30C 334 
 
 3(i5 
 
 30 
 
 61 
 
 91 
 
 122 
 
 1.53 
 
 183 
 
 214 
 
 244 
 
 May.- 
 
 245 
 
 ■276i3n4;335 
 
 365 
 
 31 
 
 61 
 
 92 
 
 123 
 
 1.53 
 
 184 
 
 214 
 
 Jun'eL 
 July.' 
 
 ail 
 
 a45|273'304 
 
 334 
 
 365 
 
 3(1 
 
 61 
 
 92 
 
 122 
 
 163 
 
 183 
 
 IM 
 
 215 243,274 
 
 304 
 
 335 
 
 365 
 
 31 
 
 62 
 
 92 
 
 m 
 
 1.53 
 
 Aug. 
 
 151 
 
 184'21224a 
 
 273 
 
 304 
 
 334 
 
 365 
 
 31 
 
 61 
 
 92 
 
 122 
 
 Sen. 
 
 vii 
 
 153,181 
 
 21i 
 
 242 
 
 273 
 
 3031334 
 
 365 
 
 3i: 
 
 61 
 
 91 
 
 Oct.- 
 
 92 
 
 123 151 
 
 Wl 
 
 212 
 
 243 
 
 273304 
 
 335 
 
 365 
 
 31 
 
 61 
 
 Nov. 
 
 61 
 
 ga'iao 
 
 151 
 
 181 
 
 212 
 
 2421273 
 
 304 
 
 334 
 
 365 
 
 30 
 
 Dec. 
 
 31 
 
 62 90 
 
 121 
 
 151 
 
 182 
 
 212 243 
 
 274l304i335 
 
 365 
 
 ^ irTS- 
 S o E s 
 
 rS " -^ I S 
 
 ■SLaS 
 
 NoTB. — ^If Leap-Tear, add one Day it' Febniaiy be included. 
 
 EQUA'llON OF PAYMENTS. 
 RuLE.^ — Multiply each Debt by the time in which it is Payable, and 
 divide the Sam of the Products by the Sum of the Debts— as follows : 
 Bought at 4 months^ credit. When is the equated time of payment ? 
 1855. Am^t, Laya, Products. 
 
 March 1. $ 50.00 
 
 " 7. 67.00 Multiplied by 6 equal 402.00 
 
 " 12. 32.00 " " 11 " 352.00 
 
 «' 19, 82.00 " « 18 « 1476.00 
 
 
 CO 
 
 
 (d 
 
 
 bis* 
 
 -a 
 
 a 
 
 
 
 ^3 
 
 
 H 
 
 
 
 
 rt 
 
 Q) 
 
 
 
 
 
 
 
 
 
 s 
 
 .^ 
 
 « 
 
 .& 
 
 
 S 
 
 {0 
 
 E> 
 
 
 
 
 
 T! 
 
 C 
 
 
 
 ^ 
 
 1-s 
 
 o 
 
 o 
 
 PQ 
 
 0) 
 
 Pi 
 
 .n 
 
 < 
 
 
 — 
 
 i 
 
 
 
 
 
 -^ - 
 
 
 1 
 
 
 
 
 
 
 
 a 
 
 ^' 
 
 g 
 
 s-^ 
 
 
 « -o 
 
 
 $231.00 
 
 ) S230.00 { 9 days. 
 2079.00 
 
 2230.00 bcihe; divided by 251.00 gives 9 days and 151.00 as the re- 
 
 mainder, which latter being more than half of 231.00, counts a whole day. 
 
 The column of days represents the number of days after July 1 (4 months 
 after March 1 ,) at which time the several debts become payable. The quotient 
 9 days (and the remainder) added to July 1 gives July 11 for the equated time. 
 
 Another Method for fikding the Average Payment of 
 
 Different Payments. 
 Role. — Find the interest, bv Interest Tables, on each item from the 
 date oPeack charge to the date of the last charge. Add up the interest of 
 these several charges, and then ascertain ho»r long a time it will take for 
 the total of the account to make that amount of Interest — then deduct this 
 lime from the date of the last charge in the account, and this will give you 
 the month and day of the average. Cents may be disregarded unless over 
 50, and counting them as an additionaldollar if they are 50 or more. 
 Bought at 4 months.. When is the average time of payment. ^ 
 March 1, S200. From March 1 to July 1 is 122 days— Interest $ 4 07 
 April 2, 70. " April 2 to July 1 is 90 days.— " 1 05 
 
 May 4, 30. " May 4 to July 1 is .58 days.— " 29 
 
 June 6, . 50. " June 6 to July 1 is 25 days.— " 21 
 
 July 1, 50. 
 
 S400. S5 61 
 
 The Interest on MOO, fur 2 months and 24 days is $5 60. Now deduct the 
 amount of time (2 munlliH and 21 days) from the date of the last charge, (July 
 1,) and this will aive April 0, as the month and day for the averagej- and Aug, 
 6th as the day of payment. 
 
 B.MA 
 
 10 
 
110' GOLD COINS, WITH THEIK WEIGHT^ ATTD VALTTE. 
 
 GOLD COINS WITH THEIR WEIGHT AND VALUE, 
 [24 grains equal 1 pennyweight, 20 pennyweights 1 ounce, 12 ounces 1 pound. 
 
 Denamijuition. 
 
 Weigkt.\ Val. 
 
 DWITBD STATES. 
 270 
 
 1$. c. 
 
 10 66 
 
 Eagle belbre 1834, 
 
 (i&^in proportioD.) ; 
 
 Gagles, afteT 1834, 
 
 Double Eagle, 
 
 HalfEaglo, 
 
 Three Dollar piece 
 
 Quarter Kagle, 
 
 Gold Dollar 
 
 AOSTKIA. 
 
 (Quadruple Ducat, 
 
 Ducat, *••• 
 
 SuuveraiD-(for Lombardv) > 
 
 BAVARIA. 
 
 Carolin, | 6 341 4 93 
 
 Ducat I 2 5|| 2 27 
 
 BELGIUM. 
 
 Twenty Franc pieces, . . 14. 3^1 3 82 
 Forty Franc pieces, [ 8 7 | 7 67 
 
 BOLIVIA. 
 
 Doubloon nr 8^115 58 
 
 BRAZIL 
 
 268 
 
 10 GO 
 
 516 
 
 21) 1)11 
 
 129 
 
 5 (K) 
 
 77.4 
 
 3 00 
 
 64.5 
 
 2 .50 
 
 ' 2S.8 
 
 1 00 
 
 dl.irr 
 
 ■,»c. 
 
 y UU 
 
 » 12 
 
 2 5| 
 
 228 
 
 7 7 
 
 6 75 
 
 Johannes, (J in prop.)... 
 
 Dobroan, 
 
 Dobra, 
 
 Moidore, (| in prop.)... 
 Piece of 6,400 reis 
 
 18 00 
 34 12 
 18 16 
 6 23 
 9 6 
 
 17 4 
 32 71 
 17 31 
 6 56 
 8 72 
 
 BRHHSWICK & MECKLEKGBnRGH. 
 
 TenThalor,1813tol838, 1 8 13 | 7 89 
 
 CENTRAL AMERICA. 
 Doubloon, 117 9 |14 gg 
 
 COLOMBIA. 
 
 Doubloon, 117 8j|]5 52 
 
 CHILI. 
 
 Doubloon, (before 1835.) 117 9 115 57 
 " (after 1835,).. |l7 9 jl3 66 
 
 DENMARK. 
 
 Ten Thaler 1 8 13 | 7 88 
 
 Fred. D'or, 1813 to 1839, [4 6 | 3 93 
 
 ENGLAND. 
 
 Guinea, (Jin prop.) 15 8 I 5 05 
 
 Sovereigns, (i in prop.) .5 3i 4 85 
 (Double) ..... |10 6j| 9 70 
 
 EAST INDIES. 
 
 Rupee, Bombay, ,.. I 7 H 1 7 09 
 
 Rupee, Madras, 7 12 7 11 
 
 PBgoda,Star | 2 4| | 1 79 
 
 SAXONY. 
 
 Double Aug. D'or, 1837, ■ I 8 13 I 7 94 
 
 . ''>"=»' ••■ I a 6 2 26 
 
 Denomination. 
 
 WdghtA Vat 
 
 D'ble Louis,.(before 1786), 
 
 Louis, do 
 
 D'ble Louis, (since 1780). 
 
 Louis, do 
 
 Double Napoleon, or 40 
 
 Francs, ^ 
 
 Napoleon, or20 Francs, . 
 
 dt. gr. 
 10 11 
 5 4 
 9 20 
 4 22 
 
 8 7 I 
 4 3}| 
 
 Double Ryder,. 
 
 Ryder, , 
 
 Dacat, , 
 
 2 5|l 
 
 |$,c. 
 9 71' 
 4 79 
 9 16 
 4 5S 
 
 7 68 
 384 
 
 12 20 
 6 04- 
 
 HAMBURGH. 
 
 8 13 
 8 13 
 4 6 
 2 Si 
 
 7 84 
 7 89 
 3 91 
 2 28 
 
 2 27 
 4 09 
 
 Ducat, (double in prop.)-. I 2 SJI 2 27 
 
 HANOVER. 
 
 Ten Thaler, George IL . 
 Do. Wm. IV. & Ernest,.. 
 
 Pine Thaler 
 
 Ducat, 
 
 HINDUSTAN. 
 
 Mohur.E.LCo | 7 12 | 7 10 
 
 NETHERLANDS. 
 
 Ducat, I 2 
 
 Ten Gilders, (^ in prop.) . [ 4 
 
 NEW GRENADA. 
 Doubloon, (of various fine- 
 ne8s)from-$15,31 toS15,- 
 71, generally weigh the 
 eameasadollar, average ]17 8}|]5 5^ 
 
 MEXICO. 
 Doubloon, (shares in prop.) 
 various dates coined at 
 different mints, varying 
 in value from $15,44 to 
 §15 67, average, |17 8J115 53- 
 
 PRUSSIA. 
 
 Ftederick D'or 14 6 | 3 95 
 
 Double do, 1831, 8 13 7 97' 
 
 Do. do.toa811 1 8 18 I 7 9J' 
 
 RUSSIA. 
 
 Five Rubles, 14 4 I 3 95- 
 
 DUclt, 1796 a' 18 2 76 
 
 Imperial, 1801, (} in prop.) I 8- 7 | 7 84 
 
 SARDINIA. 
 Twenty Liro, | 4 3 | 3 83 
 
 SWEDEN. 
 
 Ducat, I 2 5 I 283 
 
 SPAIN. 
 Quadruple Pistole, or Doub- 
 loon, (J in prop.) 1772, .. |17 8J|16 03 
 
 Doubloon, 1801, 17 9 115 54' 
 
 Pistole Q Doubloon) 4 8} 3 90 
 
VaXTJE or SILVETi COIN & FOREIGN CURRENCY. Ill 
 
 RATES OF SILVER MONEY AND FOREIGN CURRENCY 
 (Established by Law,— Custom House Value.) 
 
 - 1 
 
 Dollar of U. S. {J & ^ in prop.) 1 
 of Austna, - - - - - 
 
 of Sweden,(8pecies daler,) - 1 
 ©f Norway, (Rigsbank daler) 1 
 of Netherlands, - - - - 1 
 
 of Denmark, (Species daler,) 1 
 -ofBremen, ------ 
 
 «f Bolivia, Peni&Chili^ 
 <»f Central Am. uncertain, 
 ^f Mexico, 8 reals, (vaiying 
 from 95 to 100,) - - - - 1, 
 
 of New Grenada, (usual wt.) 1, 
 'Pound Sterling of Gr. Britain, 4 
 Half Cuown of do. - - 
 Shilling of do. - 
 
 FOURPENCE of do. - - 
 
 Franc of France and Belgium, 
 Five Franc of France, 
 ■Rix Dollar of Austria, - - 
 of Berlin & Saxony, - - - 
 ofUatavia, - - - - - 
 
 Thaler of Prussia, Saxony, 
 Brunswick, & Hesse Cassel, 
 of Leipsic and Hanover, 
 Florins and Gdilders of Nu- 
 remburg, St. Gall, Frank- 
 fort, Netherlands, Bavaria, 
 Brazil, Baden, Amsterdam, 
 and Rotterdam, - - - - 
 
 of Austria, Trieste, Bohemia 
 
 Liepsie, andAugsburg, - 
 
 of Prussia, - - - _ 
 
 -'Of Tuscany, - - - - — 
 
 of Brabant, - - - - - 
 
 'GtriLDER of Wurtemberg, 
 
 c. m, 
 
 ,00 
 
 97 
 
 ,04 
 
 05 
 
 .00 
 
 ,04 
 
 78 7 
 
 00 6 
 
 97 
 
 ,00 
 
 .oa 
 
 .84 
 
 54 
 
 22 
 
 7 
 
 18 5 
 93 
 97 
 59 
 75 
 
 48 5 
 23 
 
 34 
 39 5 
 
 $c. m.' 
 
 Double Thaler of Prussia, 1.39 
 
 Real Vellom of Spam, - - 5 
 
 of Plate, ID 
 
 Pistareen (4 Real Vellons of 
 
 Spain,) 19 fl 
 
 Pound of British Provinces, - 4.00 
 
 of Jamaica, Turks Island,-and 
 
 Honduras, ----- 3.00 
 
 of Nassau, ------ 3.50 
 
 Ducat of Naples, - -' - 80 
 
 Ounce of Sicily, - - • 2.40 
 
 ScuDo of Malta, - - - - 40 
 
 of Naples, - - - - 94 
 
 of Rome, l.UO 5 
 
 Pezzo of Leghorn, - - - 90 7 
 
 Mill Rea of Azores, - - - 83 9 
 
 of Madeira, 1.00 
 
 of Portugal, 1,12 
 
 Marc Banco of Hamburg, - 35 
 
 Rouble of Russia, silver, - 75 
 
 of Russia, paper, - - - - 91 4 
 
 Piastre of Turkey, - - - 5 
 
 Twenty Piastres of Turkey, 82 
 Lira, (for Lombardy& Tuscany,) 16 
 
 Twenty Kreutzers, - - 16 
 
 Lira of Sardinia, .... 18 5 
 
 Five Lira of Sardinia, - 93 2 
 
 LivRE of Genoa, . - - 18 5' 
 
 of Catalonia & Barcelona, - 53 5 
 
 of Neufchatel, 26 5 
 
 Tale of China, 1.48 
 
 Pagoda of Madras, - - 1.84 
 
 Grown of Tuscany, - 1.05 
 
 Pagoda of India - - - 1.84 
 
 Rupee of British India, • - 44 5 
 
 Most foreign Silver Coins possess a higher standard value than the present 
 United States coinage. 
 
 VALUE, WEIGHT AND LAW REGULATING THE TENDER 
 OF U. STATES COINS. 
 
 Names of the Coins. 
 
 Grains. 
 
 TcUue. 
 
 One Dollar, or ten Dimes, (No change in Law.) - 
 ■Half Dollar, or five Dimes, .---.- 
 Quarter Dollar, or two and a half DimeS| - - - 
 One Dime, - - ^ - - . 
 JIalfDime, - - - - ... 
 Three Cent piece, ^ . . . . - . 
 
 193. 
 96. 
 3S.4 
 19.2 
 11.53 
 
 100 
 50 
 25 
 10 
 5 
 3 
 
 The laws of ihe United States make one cent pieces a legal tender for 
 amounts not exceeding 10 cents, — three cent pieces for amounts not exceed- 
 ing 30 cents. — U. States Silver Coins for amounts not exceeding-5 dollars, — 
 and Gold Coins at their respective values. 
 
 The Standard fineness of U. Stales Gold and Silver Coins is one weight of 
 aUoy to nine weights of pure metal. The alloy for Gold Coin is Silver and 
 Copper, and Copper for Silver Coin. 
 
 The silver coins of Great Briwin are not legal tender in that countjjy in 
 -sums exceeding £2. 
 
112 REDUCTION OF FOREIGN MONEY TO IT. STATES. 
 REDUCTION OF FOREIGN MONEY. 
 
 ATI. Slates Silver Dollar weighs 412J grains ; Half Dollar 208^; Quarter 
 Dollar 103; Dime 41 j Half Dime 20. Spanish Dollar, of late coinage, 416 
 grains; Half Dollar 208 ; Quarter Dollar (1774) 103} ; One-Ejghlh, or, Heal, 
 45 i One-Sixteenth, or, 6^ Cent piece, 21. 
 
 
 ENGLISH 
 
 STERLING REDUCED TO DOLLARS AND CENTS. 
 
 5. 
 
 c. m. 
 
 s. 
 
 cm. 
 
 £ 
 
 $c. 
 
 £ 
 
 $ e. 
 
 £ 
 
 $ e. 
 
 £ 
 
 $ c. 
 
 £ 
 
 $c. 
 
 1 
 
 242 
 
 11 
 
 2 66 2 
 
 1 
 
 484 
 
 n 
 
 .5324 
 
 81 
 
 10164 
 
 31 
 
 150 04 
 
 41 
 
 19844 
 
 H 
 
 4R4 
 
 13 
 
 290 4 
 
 2 
 
 9 68 
 
 1-2 
 
 5808 
 
 22 
 
 10648 
 
 32 
 
 1.54 88 
 
 42 
 
 20328 
 
 3 
 
 72 6 
 
 13 
 
 314 6 
 
 3 
 
 1452 
 
 13 
 
 62 92 
 
 23 
 
 11132 
 
 33 
 
 15972 
 
 43 
 
 20612 
 
 4 
 
 968 
 
 14 
 
 338 8 
 
 4 
 
 19 36 
 
 14 
 
 67 76 
 
 24 
 
 11616 
 
 34 
 
 164 56 
 
 44 
 
 21290 
 
 ,■) 
 
 1210 
 
 l.'i 
 
 3 63 
 
 5 
 
 24 20 
 
 15 
 
 72 60 
 
 25 
 
 12100 
 
 35 
 
 169 40 
 
 45 
 
 21780 
 
 fi 
 
 1452 
 
 16 
 
 3 87 2 
 
 6 
 
 29 04 
 
 16 
 
 77 44 
 
 26 
 
 125 84 
 
 36 
 
 174 24 
 
 46 
 
 222 64 
 
 7 
 
 1694 
 
 17 
 
 4 11 4 
 
 7 
 
 33 88 
 
 17 
 
 8228 
 
 27 
 
 13068 
 
 37 
 
 179 08 
 
 47 
 
 227 48 
 
 S 
 
 liBfi 
 
 IS 
 
 435 6 
 
 8 
 
 3872 
 
 18 
 
 8712 
 
 28 
 
 135 52 
 
 38 
 
 18392 
 
 48 
 
 232 32 
 
 9 
 
 2178 
 
 19 
 
 459 8 
 
 9 
 
 43 56 
 
 19 
 
 9195 
 
 29 
 
 140 36 
 
 3U 
 
 188 76 
 
 49 
 
 2.37 16 
 
 10 
 
 2420 
 
 2U 
 
 484 
 
 10 
 
 48 40 
 
 20 
 
 9080 
 
 30 
 
 14520 
 
 411 
 
 193 60 
 
 5(1 
 
 242 00 
 
 FRENCH FRAKCS REDUCED TO DOLLARS AND CENTS. 
 
 fr 
 
 $cts 
 
 fr 
 
 $cts 
 
 fr 
 
 $cts 
 
 fr 
 
 $ cts 
 
 fr 
 
 $cts 
 
 fr 
 
 Sets 
 
 frs 
 
 S CIS 
 
 1 
 
 19 
 
 16 
 
 2 98 
 
 31 
 
 577 
 
 46 
 
 8 56 
 
 61 
 
 1135 
 
 76 
 
 14 14 
 
 PI 
 
 1693 
 
 8 
 
 .17 
 
 17 
 
 3 16 
 
 32 
 
 595 
 
 47 
 
 8 74 
 
 62 
 
 11 53 
 
 77 
 
 14 32 
 
 92 
 
 1711 
 
 3 
 
 56 
 
 18 
 
 3 35 
 
 33 
 
 614 
 
 48 
 
 8 93 
 
 63 
 
 11 72 
 
 78 
 
 14 51 
 
 93 
 
 1730 
 
 4 
 
 74 
 
 19 
 
 3 5.1 
 
 34 
 
 632 
 
 49 
 
 9 11 
 
 64 
 
 11 90 
 
 79 
 
 14 69 
 
 94 
 
 17 48 
 
 a 
 
 S3 
 
 20 
 
 3 72 
 
 35 
 
 6 51 
 
 .50 
 
 9 30 
 
 65 
 
 12 09 
 
 80 
 
 14 88 
 
 95 
 
 17 67 
 
 6 
 
 112 
 
 21 
 
 3 91 
 
 36 
 
 670 
 
 51 
 
 9 49 
 
 66 
 
 12 28 
 
 81 
 
 15 07 
 
 96 
 
 17 86 
 
 7 
 
 130 
 
 S2 
 
 4 09 
 
 37 
 
 6 88 
 
 52 
 
 9 67 
 
 67 
 
 12 46 
 
 82 
 
 15 25 
 
 97 
 
 1804 
 
 8 
 
 149 
 
 23 
 
 4 28 
 
 38 
 
 7 07 
 
 .53 
 
 9 86 
 
 68 
 
 12 65 
 
 83 
 
 15 44 
 
 98 
 
 1823 
 
 9 
 
 167 
 
 24 
 
 4 46 
 
 39 
 
 72.5 
 
 54 
 
 10 04 
 
 69 
 
 12 83 
 
 84 
 
 15 62 
 
 99 
 
 1841 
 
 in 
 
 186 
 
 2.5 
 
 4 65 
 
 40 
 
 7 44 
 
 .55 
 
 10 23 
 
 70 
 
 13 02 
 
 85 
 
 15 81 
 
 ion 
 
 1800 
 
 11 
 
 205 
 
 26 
 
 4 84 
 
 41 
 
 7 63 
 
 56 
 
 10 42 
 
 71 
 
 13 21 
 
 SB 
 
 16 0(1 
 
 ann 
 
 37 20 
 
 la 
 
 2 23 
 
 27 
 
 5 02 
 
 42 
 
 781 
 
 .57 
 
 10 60 
 
 72 
 
 1339 
 
 87 
 
 16 18 
 
 3nn 
 
 55 80 
 
 13 
 
 2 42 
 
 28 
 
 5 21 
 
 43 
 
 800 
 
 .58 
 
 10 79 
 
 73 
 
 13 58 
 
 8S 
 
 16 37 
 
 4no 
 
 7440 
 
 14 
 
 2 60 
 
 29 
 
 5 39 
 
 44 
 
 818 
 
 .59 
 
 10 97 
 
 74 
 
 13 76 
 
 89 
 
 16 55 
 
 .500 
 
 93 00 
 
 15 
 
 279 
 
 30 
 
 5 58 
 
 45 
 
 8 37 
 
 60 
 
 11 16 
 
 75 
 
 13 95 
 
 90 
 
 16 74 
 
 600 
 
 11160 
 
 THALERS REDUCED TO DOLLARS AND CENTS. 
 
 T 
 
 S c. 
 
 T 
 
 c. $ 
 
 7' 
 
 S c. 
 
 T 
 
 Sc. 
 
 T 
 
 Sc. 
 
 T 
 
 S e. 
 
 T 
 
 Sc. 
 
 1 
 
 69 
 
 8 
 
 5 .52 
 
 15 
 
 10 35 
 
 22 
 
 15 18 
 
 29 
 
 20 1 
 
 36 
 
 24 84 
 
 43 
 
 29 67 
 
 2 
 
 138 
 
 9 
 
 6 21 
 
 16 
 
 11 4 
 
 23 
 
 15 87 
 
 30 
 
 20 70 
 
 37 
 
 85 53 
 
 44 
 
 30 36 
 
 3 
 
 2 07 
 
 10 
 
 6 90 
 
 17 
 
 1173 
 
 24 
 
 16 56 
 
 31 
 
 21 39 
 
 38 
 
 26 22 
 
 45 
 
 31 5 
 
 4 
 
 276 
 
 11 
 
 7 59 
 
 18 
 
 12 42 
 
 25 
 
 17 25 
 
 .12 
 
 22 8 
 
 39 
 
 26 91 
 
 46 
 
 3174 
 
 5 
 
 345 
 
 12 
 
 8 28 
 
 19 
 
 13 11 
 
 26 
 
 17 94 
 
 33 
 
 22 77 
 
 40 
 
 27 60 
 
 47 
 
 32 43 
 
 I'' 
 
 4 14 
 
 13 
 
 8 97 
 
 20 
 
 13 80 
 
 27 
 
 18 63 
 
 34 
 
 83 46 
 
 41 
 
 28 29 
 
 4S 
 
 33 12 
 
 Li 
 
 4 83 
 
 14 
 
 9 66 
 
 21 
 
 1449 
 
 28 
 
 19 32 
 
 351 24 15 
 
 42 
 
 28 98 
 
 49 
 
 33 81 
 
 BREMEN 
 
 RIX DOLLARS REDUCED TO DOLLARS AND CENTS. 
 
 r.d. 
 
 $ c. 
 
 n.d. 
 
 $ c. 
 
 r. d. 
 
 $ c. 
 
 r. d. 
 
 Sc. 
 
 r.d. 
 
 ic. 
 
 r.d. 
 
 $ t. ' 
 
 1 
 
 785 
 
 9 
 
 709 
 
 17 
 
 13.39 
 
 25 
 
 19 69 
 
 33 
 
 2599 
 
 41- 
 
 3229' 
 
 a 
 
 158 
 
 10 
 
 7 88 
 
 18 
 
 1418 
 
 26 
 
 20 4S 
 
 34 
 
 90 7S 
 
 42 
 
 3303 
 
 3 
 
 236 
 
 u 
 
 8 66 
 
 19 
 
 14 96 
 
 27 
 
 2126 
 
 95 
 
 2756 
 
 43 
 
 3386 
 
 4 
 
 315 
 
 12 
 
 945 
 
 20 
 
 15 75 
 
 as 
 
 2205 
 
 30 
 
 9835 
 
 44 
 
 34 65 
 
 5 
 
 394 
 
 13 
 
 1024 
 
 21 
 
 1654 
 
 2!) 
 
 2284 
 
 37 
 
 2914 
 
 45 
 
 3544 
 
 6 
 
 473 
 
 14 
 
 1103 
 
 22 
 
 17.33 
 
 30 
 
 23 63 
 
 38 
 
 99 93 
 
 46 
 
 3693 
 
 7 
 
 551 
 
 15 
 
 1181 
 
 23 
 
 1811 
 
 31 
 
 2441 
 
 39 
 
 30 71 
 
 47 
 
 37fll 
 
 8 
 
 630 
 
 16 
 
 12 60 
 
 24 
 
 1890 
 
 32 
 
 25 ao 
 
 40 
 
 3150 
 
 48 
 
 3780 
 
'COMPOUND INTEfREST TABLE FOB -SAVINGS BANKS. 1 13 
 
 COMPOUJNU INTEREST,— FOR SAVINGS BANKS, &c. 
 
 This Table contains the amount of gl or £1 at the rates of 3, 3i, 4, ii, 5, 
 6, and 7 per cent., compound interest, in dollars and decimals of a dollar, 
 from 1 to 40 years. The amount of any given sum is found by multiply- 
 ing the amount of gl found in the Table at the given rate per cent., and 
 for the given time. If a greater number of years is required, multiply 
 the amount by the years. 
 
 T-rB. 
 
 3 per Cent 
 
 81-2 per Ct 
 
 4. per Cent. 
 
 4 1-2 per Ct. 
 
 5 per Cent 
 
 6 per Cent. 
 
 7 per Cent. 
 
 1 
 
 1.03000 
 
 1.03500 
 
 1.O400O 
 
 1.04500 
 
 1.05000 
 
 1.06000 
 
 1.070000 
 
 S 
 
 1.06090 
 
 1.07122 
 
 1.08100 
 
 1.09202 
 
 1.10250 
 
 1.12360 
 
 1.144900 
 
 3 
 
 1.09273 
 
 1.10872 
 
 1.12466 
 
 1.14117 
 
 1.15702 
 
 1.19102 
 
 1.225043 
 
 4 
 
 1.12551 
 
 1.14752 
 
 1.16986 
 
 1.19262 
 
 1.21551 
 
 1.26248 
 
 1.310796 
 
 •5 
 
 1.15927 
 
 1.18769 
 
 1.21665 
 
 1.24618 
 
 1.27628 
 
 1.33823 
 
 1.402552 
 
 6 
 
 1.19405 
 
 1.22925 
 
 126532 
 
 1.30226 
 
 1..34010 
 
 1.41852 
 
 1.500730 
 
 7 
 
 1.22987 
 
 1.27228 
 
 1.31593 
 
 1.36086 
 
 1.40710 
 
 1.50363 
 
 1.605781 
 
 8 
 
 1.26677 
 
 1.31081 
 
 1.36S57 
 
 1.42210 
 
 1.47745 
 
 1.59385 
 
 1.718186 
 
 9 
 
 1.30477 
 
 1.36290 
 
 1.42331 
 
 1.48609 
 
 1.55133 
 
 1.68948 
 
 1.838459 
 
 '10 
 
 1.34392 
 
 1.41000 
 
 1.48024 
 
 1.55297 
 
 1.628S0 
 
 1.79085 
 
 1.967151 
 
 H 
 
 1.38423 
 
 1.45997 
 
 1.63945 
 
 1.62285 
 
 1.71034 
 
 1.89S30 
 
 2.104852 
 
 12 
 
 1.42576 
 
 1.51107 
 
 1.60103 
 
 1,69588 
 
 1.79566 
 
 2.01220 
 
 2.252192 
 
 913 
 
 1.46853 
 
 1.56396 
 
 1.66507 
 
 1.77220 
 
 1.88565 
 
 2.13293 
 
 2.409845 
 
 14 
 
 1.61259 
 
 1.61869 
 
 1.73168 
 
 1,85194 
 
 197993 
 
 2.26090 
 
 2.578534 
 
 •15 
 
 1.55797 
 
 1.67536 
 
 1.80094 
 
 1.93528 
 
 2.07893 
 
 2.39656 
 
 2.7.59031 
 
 16 
 
 1.60471 
 
 1.73399 
 
 1.87298 
 
 2.02237 
 
 2.18287 
 
 2.54035 
 
 2.952164 
 
 17 
 
 1.652S5 
 
 1.79467 
 
 1 04790 
 
 2.11.338 
 
 2.29202 
 
 2.69277 
 
 3.158315 
 
 18 
 
 1.702J3 
 
 t85749 
 
 2.02582 
 
 2.20848 
 
 2 40662 
 
 2.85434 
 
 3.379931 
 
 19 
 
 1.75351 
 
 1.92250 
 
 2.10085 
 
 2.30786 
 
 2.52695 
 
 3.02560 
 
 3.616526 
 
 20 
 
 1.80611 
 
 1.98979 
 
 2.19112 
 
 2,41171 
 
 2.65330 
 
 3.20713 
 
 3.869683 
 
 21 
 
 1.8G029 
 
 2.0.5943 
 
 2.27877 
 
 2.52024 
 
 2.78596 
 
 3.39956 
 
 4.140561 
 
 23 
 
 1.9I6I0 
 
 2.13151 
 
 ^.36992 
 
 2.63305 
 
 2.92526 
 
 3.60354 
 
 4.430400 
 
 23 
 
 1.97359 
 
 2.20611 
 
 2,46471 
 
 2.75217 
 
 3.07152 
 
 3.81975 
 
 4.740528 
 
 24 
 
 :2 .03279 
 
 2,28333 
 
 2 51.330 
 
 2.87601 
 
 3.22510 
 
 4.04893 
 
 5.072365 
 
 85 
 
 2.09378 
 
 2.36324 
 
 2.66584 
 
 3.00543 
 
 3.38635 
 
 4.29187 
 
 5.427431 
 
 26 
 
 2,15059 
 
 2.44596 
 
 2.77247 
 
 3.14068 
 
 3.55587 
 
 4.-54938 
 
 5.307361 
 
 27 
 
 ■2.23129 
 
 2.53157 
 
 2.88337 
 
 3.28201 
 
 3.73346 
 
 4.822?5 
 
 6.213866 
 
 ■28 
 
 2.28793 
 
 2.62018 
 
 2.99870 
 
 3.42970 
 
 3.92013 
 
 5.11169 
 
 6.643836 
 
 S9 
 
 2,35656 
 
 2.71188 
 
 3.11865 
 
 3.58404 
 
 4.11614 
 
 5.41839 
 
 7.114255 
 
 30 
 
 2 42726 
 
 2.80679 
 
 3.24340 
 
 3.74532 
 
 4.32194 
 
 5:74349 
 
 7.612253 
 
 31 
 
 2 50008 
 
 2,90503 
 
 3.37313 
 
 3.91336 
 
 4.53S04 
 
 6.08810 
 
 8.145110 
 
 32 
 
 2.57508 
 
 3.00671 
 
 3..M806 
 
 4.08998 
 
 4.76494 
 
 6.45339 
 
 8.71526S 
 
 33 
 
 2.65233 
 
 3.11194 
 
 3.64838 
 
 4.27403 
 
 5.00319 
 
 0.84059 
 
 9.325337 
 
 34 
 
 2.73190 
 
 3.22086 
 
 3.79432 , 
 
 4.46636 
 
 5.25.335 
 
 7.25102 
 
 9.978110 
 
 35 
 
 2.81386 
 
 3.33359 
 
 3.94609 
 
 4.66735 
 
 5.51601 
 
 7.68609 
 
 10.676578 
 
 36 
 
 ' a.89828 
 
 3.45027 
 
 4.10393 
 
 4.87738 
 
 5.79182 
 
 8.14725 
 
 11.423939 
 
 37 
 
 2.98523 
 
 3.57102 
 
 4.26809 
 
 6.09686 
 
 6.08141 
 
 8.63609 
 
 12.223614 
 
 ■38 
 
 3.07478 
 
 3.69601 
 
 4.43881 
 
 5.32622 
 
 6.38548 
 
 9.15425 
 
 13.079277 
 
 3a 
 
 3.16703 
 
 3.82537 
 
 4.61637 
 
 5.56590 
 
 6.70475 
 
 9.70351 
 
 13.994827 
 
 W 
 
 3-26204 
 
 - 3.95926 
 
 4.80102 
 
 6.81636 
 
 7.03999 
 
 10.28572 
 
 14.974465 
 
 
 
 t 
 
 
 
 
 
 
 SHOWING THE TIME IK WHICH A SOM WILL DOUBLE ITSELF, WHEN 
 LENT AT THE FOLLOWING RATES OF INTEREST. 
 
 Ba'e 
 per 
 cent 
 
 Time in Which a Sum will double. 
 
 Eate 
 per 
 cent. 
 
 Time in which a Sura will double. 
 
 Simple Interest. Compound Int. 
 
 Simple Interest. 
 
 Compound Int. 
 
 2 
 
 2 1-2 
 3 
 
 3 1-2 
 4 
 
 4 1-2 
 
 fiO years. 
 
 40 years. 
 
 33 years 4 months. 
 
 28 years 208 days. 
 
 26 years. 
 
 22 years 81 days. 
 
 85 years 1 day. 
 28 years 26 days. 
 23 years 164 days. 
 20 years 64 days. 
 17 years 246 tlays. 
 15 years 278 days. 
 
 6 
 6 
 7 
 8 
 
 10 
 
 20 years. 
 
 Ifi years 8 months. 
 14 years 104 days. 
 12 1-2 years. 
 11 years 40 days. 
 10 years. 
 
 14 years 76 days. 
 11 years 327 days. 
 10 years 89 days. 
 
 9 years 2 days. 
 
 8 years 16 days. 
 
 '7 years 100 days. 
 
 10* 
 
114 HEADY RECKONER, 2000 LBS. TO THE TON. 
 
 PEODUCE AND MERCHANDISE READY RECKONEES 
 
 
 HAY, 
 
 BUTTER 
 
 , CHEESE, 
 
 LARD, AND OTHER PRODUCE. 
 
 
 cts cts 1 as 
 
 met 
 
 Set 9 
 
 ct Scti$ct,$ et 
 
 Set 
 
 ® cr 1 ® c 
 
 S CIS IS as,$cis\ 
 
 Us. 
 
 ■25 ■50|-75 
 
 ll^OO 
 
 2-00 3- 
 
 00 4-00 
 
 16-00 
 
 600 
 
 7^00 
 
 8-00 1 9-0( 
 
 10-0 
 
 ) not 
 
 12-00 
 
 3 
 
 .. 
 
 
 
 
 .. • 1 
 
 - 1 
 
 • 1 
 
 • 1 
 
 • 1 
 
 • 1 
 
 - ! 
 
 •S 
 
 •2 
 
 1 
 
 
 
 
 
 ■i • 
 
 1 • 1 
 
 • 2 
 
 • 2 
 
 ■ 2 
 
 • 3 
 
 • I 
 
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 •4 
 
 •4 
 
 10 
 
 
 
 
 ■i 
 
 - 1 • 
 
 2 • 2 
 
 • 3 
 
 • 3 
 
 • 4 
 
 • 4 
 
 ■ t 
 
 ■ i 
 
 6 
 
 •6 
 
 20 
 
 
 • "l 
 
 • 1 
 
 ■ 1 
 
 • 2 • 
 
 3 • 4 
 
 • 5 
 
 • 6 
 
 • 7 
 
 • 8 
 
 . 1 
 
 ■U 
 
 •1] 
 
 •12 
 
 30 
 
 
 • 1 
 
 • 1 
 
 ■ 2 
 
 • 3 • 
 
 5 • 6 
 
 • 8 
 
 • 9 
 
 •11 
 
 ■12 
 
 •14 
 
 •1£ 
 
 •17 
 
 •IS 
 
 40 
 
 •i 
 
 • 1 
 
 • 2 
 
 • 2 
 
 • 4 • 
 
 6 • 8 
 
 •10 
 
 -12 
 
 •14 
 
 ■16 
 
 •IE 
 
 •2C 
 
 ■22 
 
 -34 
 
 50 
 
 ■ 1 
 
 • 1 
 
 • 2 
 
 ■ 3 
 
 • 5 • 
 
 8 -10 
 
 •13 
 
 •15 
 
 ■18 
 
 •20 
 
 ■2.3 
 
 •2£ 
 
 ■28 
 
 •30 
 
 60 
 
 ■ 1 
 
 • 2 
 
 • 2 
 
 • 3 
 
 • 6 - 
 
 9 -12 
 
 •15 
 
 •18 
 
 ■21 
 
 •24 
 
 ■2- 
 
 ■3C 
 
 ■33 
 
 -36 
 
 70 
 
 ■ 1 
 
 ■ 2 
 
 • 3 
 
 •4 
 
 • 7 • 
 
 11 -14 
 
 •18 
 
 •21 
 
 •25 
 
 ■28 
 
 •3S 
 
 ■3S 
 
 ■39 
 
 -43 
 
 80 
 
 • 1 
 
 • 2 
 
 • 3 
 
 ■ 4 
 
 ■ 8 • 
 
 la -16 
 
 •20 
 
 •24 
 
 ■28 
 
 •32 
 
 ■36 
 
 •4C 
 
 ■44 
 
 -43 
 
 90 
 
 • 1 
 
 • 2 
 
 • 3 
 
 ■ 5 
 
 • 9 - 
 
 4 -IS 
 
 ■23 
 
 ■27 
 
 ■32 
 
 ■36 
 
 •41 
 
 -45 
 
 •50 
 
 -51 
 
 100 
 
 • 1 
 
 • 3 
 
 • 4 
 
 ■ 5 
 
 •10 • 
 
 L5 •SO 
 
 ■25 
 
 ■30 
 
 •35 
 
 ■40 
 
 •45 
 
 •60 
 
 -55 
 
 -60 
 
 200 
 
 • 3 
 
 • 5 
 
 ■ 8 
 
 •10 
 
 -20 -, 
 
 iO ^40 
 
 •50 
 
 ■60 
 
 ■70 
 
 80 
 
 •90 
 
 1-00 
 
 1-10 
 
 1-20 
 
 300 
 
 • 4 
 
 8 
 
 ■11 
 
 •15 
 
 -30 -' 
 
 15 -60 
 
 -75 
 
 ■90 
 
 1^05 
 
 1-20 
 
 1^35 
 
 1-50 
 
 1-65 
 
 1-80 
 
 400 
 
 ■ 5 
 
 •10 
 
 ■15 
 
 •20 
 
 ■40 -( 
 
 -80 
 
 1-00 
 
 1^20 
 
 1^40 
 
 1-60 
 
 1^80 
 
 2-00 
 
 2-20 
 
 2-40 
 
 500 
 
 • 6 
 
 13 
 
 ■19 
 
 ■25 
 
 •50 -' 
 
 5 1-00 
 
 1-25 
 
 1-50 
 
 1^75 
 
 200 
 
 225 
 
 2-50 
 
 2^75 
 
 3-00 
 
 600 
 
 • 8 
 
 15 
 
 ■23 
 
 ■30 
 
 •60 -< 
 
 1-20 
 
 1-50 
 
 1^80 
 
 2-10 
 
 2-40 
 
 2^70 
 
 3-00 
 
 3^3(l 
 
 3-60 
 
 700 
 
 • 9 
 
 18 
 
 ■26 
 
 ■35 
 
 -70 l-( 
 
 5 1-40 
 
 1-75 
 
 2-10 
 
 2^45 
 
 2-80 
 
 315 
 
 3-.50 
 
 3^85 
 
 4^20 
 
 800 
 
 •10 
 
 20 
 
 •30 
 
 ■40 
 
 -SO 1-5 
 
 1-60 
 
 2-00 
 
 2-40 
 
 2-80 
 
 3-20 
 
 3-60 
 
 4-00 
 
 4-40 
 
 4^90 
 
 900 
 
 •a 
 
 23 
 
 ■34 
 
 ■45 
 
 -90 1-; 
 
 5 1-SO 
 
 2-25 
 
 2^70 
 
 3^15 
 
 J-60 
 
 4^05 
 
 4-50 
 
 4^95 
 
 ^■40 
 
 1000 
 
 ■13 
 
 25 
 
 ■38 
 
 ■50 ] 
 
 •00 1-; 
 
 2-00 
 
 2-50 
 
 3^00 
 
 3-50 
 
 1-00 
 
 4 50 
 
 500 
 
 5-50 
 
 6-00 
 
 UOO 
 
 ■14 
 
 28 
 
 ■41 
 
 ■55 
 
 -10 1-e 
 
 5 2-20 
 
 2- 75 
 
 3-30 
 
 3-85 
 
 1-40 
 
 4^05 
 
 5-50 
 
 6^05 
 
 B^80 
 
 1200 
 
 ■15 
 
 30 
 
 ■45^ 
 
 ■60 
 
 -20 1-E 
 
 2-40 
 
 3-00 
 
 3-60 
 
 4-20 
 
 1-80 
 
 5-40 
 
 6-00 
 
 6-60 
 
 7'20 
 
 1300 
 
 ■16 
 
 33 
 
 •49 
 
 ■05 1 
 
 .30 1-t 
 
 5 260 
 
 3-25 
 
 390 
 
 4-55 . 
 
 )-20 
 
 5-85 
 
 6-50 
 
 7-15 
 
 7-80 
 
 1400 
 
 ■18 
 
 35 
 
 ■53 
 
 ■70 1 
 
 -40 •3^1 
 
 s-so 
 
 3-50 
 
 4-20 
 
 4-90 . 
 
 )-60 
 
 6-30 
 
 7-00 
 
 7-70 
 
 640 
 
 1500 
 
 ■19 
 
 38 
 
 ■56 
 
 •75 1 
 
 ■50 -i-i 
 
 S 3-00 
 
 3-75 
 
 4-50 
 
 5-25 ( 
 
 ■00 
 
 6-75 
 
 7-50 
 
 8-25 
 
 9-00 
 
 1600 
 
 ■20 
 
 40 
 
 ■60 
 
 •80 1 
 
 ■60 2^4 
 
 3-20 
 
 4-00 
 
 4-80 
 
 5^60 ( 
 
 )^40 
 
 7^20 
 
 8 00 
 
 8-80 
 
 9-6(1 
 
 1700 
 
 .21 
 
 43 
 
 ■64 
 
 •85 1 
 
 ■70 2 5 
 
 5 3-40 
 
 4-25 
 
 5-10 
 
 5-95 ( 
 
 ■80 
 
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READY RECKONER, 2240 LBS. TO THE TON. 115 
 
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116 HEADY RECKONER, 2240 LBS. TO THE TON. 
 
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 ■21 
 
 -21 
 
 •22 
 
 •23 
 
 •23 
 
 24 
 
 20 
 
 ■22 
 
 -23 
 
 «4 
 
 •25 
 
 •26 
 
 •27 
 
 •28 
 
 ■29 
 
 •29 
 
 •30 
 
 •31 
 
 •32 
 
 25 
 
 •28 
 
 ■29 
 
 30 
 
 •31 
 
 •32 
 
 •33 
 
 ■35 
 
 ■38 
 
 •37 
 
 •38 
 
 •39 
 
 40 
 
 39 
 
 ■33 
 
 -35 
 
 36 
 
 •38 
 
 •39 
 
 •40 
 
 •41 
 
 •43 
 
 •44 
 
 •46 
 
 •47 
 
 -46 
 
 40 
 
 ■45 
 
 •46 
 
 •48 
 
 -50 
 
 ■52 
 
 •54 
 
 ■55 
 
 ■57 
 
 •59 
 
 •61 
 
 •63 
 
 -64 
 
 60 
 
 ■58 
 
 •58 
 
 •60 
 
 .63 
 
 ■65 
 
 •67 
 
 ■69 
 
 ■71 
 
 •74 
 
 •76 
 
 •78 
 
 -80 
 
 60 
 
 ■67 
 
 •70 
 
 •72 
 
 -75 
 
 ■78 
 
 •80 
 
 ■83 
 
 ■86 
 
 •88 
 
 •91 
 
 •94 
 
 •96 
 
 VO 
 
 ■73 
 
 •81 
 
 •S4 
 
 ■88 
 
 ■91 
 
 •94 
 
 ■97 
 
 l^OO 
 
 1^03 
 
 1^06 
 
 109 
 
 MS 
 
 80 
 
 ■89 
 
 •93 
 
 •98 
 
 1-00 
 
 1^04 
 
 1^07 
 
 Ml 
 
 114 
 
 1^18 
 
 i^ai 
 
 1-25 
 
 1^29 
 
 90 
 
 1-00 
 
 1^04 
 
 1-08 
 
 113 
 
 1-16 
 
 1-21 
 
 1-25 
 
 1^29 
 
 1-33 
 
 )37 
 
 1^41 
 
 1-4,? 
 
 100 
 
 1-12 
 
 1-16 
 
 1-21 
 
 125 
 
 1^29 
 
 1-34 
 
 1^38 
 
 143 
 
 1^47 
 
 152 
 
 1^56 
 
 l^ 
 
 aoo 
 
 223 
 
 2-32 
 
 2-41 
 
 2^50 
 
 2-59 
 
 2^6S 
 
 2-77 
 
 2^86 
 
 2^94 
 
 3^04 
 
 3-12 
 
 300 
 
 3-35 
 
 3-48 
 
 3-62 
 
 3^75 
 
 3-SS 
 
 4-02 
 
 4^16 
 
 4-29 
 
 4-41 
 
 455 
 
 4-69 
 
 4-98 
 
 400 
 
 4-16 
 
 4-64 
 
 4-S2 
 
 5^00 
 
 6-18 
 
 5^36 
 
 5^64 
 
 5-71 
 
 5-89 
 
 6^07 
 
 6-25 
 
 6-43 
 
 500 
 
 5-58 
 
 5-80 
 
 6-03 
 
 6-25 
 
 6-47 
 
 8^70 
 
 6^92 
 
 7-14 
 
 7-37 
 
 7^59 
 
 7-81 
 
 8-04 
 
 000 
 
 6 70 
 
 6-96 
 
 7-23 
 
 7-50 
 
 7-77 
 
 8-04 
 
 8^30 
 
 fr57 
 
 8-84 
 
 9^11 
 
 9^38 
 
 9-64 
 
 TOO 
 
 7-81 
 
 8^12 
 
 8-44 
 
 8-75 
 
 906 
 
 9-37 
 
 9^09 
 
 lO^OO 
 
 10-31 
 
 10^62 
 
 10^94 
 
 1125 
 
 800 
 
 8-93 
 
 9^29 
 
 9-64 
 
 10-00 
 
 10-38 
 
 10-71 
 
 11^07 
 
 1143 
 
 11-79 
 
 12-14 
 
 12^50 
 
 12-86 
 
 900 
 
 10^04 
 
 XO-45 
 
 10-85 
 
 11-25 
 
 11-65 
 
 12-06 
 
 12-48 
 
 12^8B 
 
 13-26 
 
 13-66 
 
 14-06 
 
 14-48 
 
 1000 
 
 1M6 
 
 U-61 
 
 12-05 
 
 12-50 
 
 12-95 
 
 13-39 
 
 13-84 
 
 14^29 
 
 14-73 
 
 15-18 
 
 15-83 
 
 16-07 
 
 1100 
 
 12-28 
 
 12-77 
 
 13-26 
 
 13-75 
 
 14-24 
 
 14-73 
 
 15^22 
 
 15^71 
 
 16-21 
 
 16-70 
 
 17-19 
 
 17-68 
 
 1200 
 
 13-39 
 
 13-93 
 
 14-46 
 
 15-00 
 
 15-54 
 
 16-07 
 
 »61 
 
 17-14 
 
 17-88 
 
 18-21 
 
 1875 
 
 19 29 
 
 1300 
 
 14-51 
 
 15-09 
 
 15-67 
 
 16-25 
 
 16-83 
 
 17-41 
 
 1799 
 
 18-57 
 
 19-15 
 
 19-73 
 
 20-31 
 
 20-89 
 
 1400 
 
 16-62 
 
 16-25 
 
 16-87 
 
 17-50 
 
 18-12 
 
 18-75 
 
 19^37 
 
 20-00 
 
 80-82 
 
 21-25 
 
 21-88 
 
 22-50 
 
 1500 
 
 16'74 
 
 17-41 
 
 18-03 
 
 18-75 
 
 19-42 
 
 20-09 
 
 20^76 
 
 21-43 
 
 22-10 
 
 22-77 
 
 23 44 
 
 24-11 
 
 ISOO 
 
 17-86 
 
 lS-57 
 
 19-23 
 
 2000 
 
 20-71 
 
 2143 
 
 22^14 
 
 22-88 
 
 23-67 
 
 24-28 
 
 25-00 
 
 25-71 
 
 1700 
 
 18 97 
 
 19-73 
 
 20-49 
 
 21-25 
 
 2200 
 
 22-77 
 
 23^53 
 
 24-28 
 
 85-04 
 
 25-80 
 
 26-56 
 
 27 32 
 
 1800 
 
 '20-09 
 
 20-89 
 
 21-70 
 
 22-50 
 
 23-30 
 
 24-11 
 
 24-91 
 
 25-71 
 
 26-52 
 
 27-32 
 
 23-13 
 
 28-93 
 
 1900 
 
 21-20 
 
 22-05 
 
 22-90 
 
 23-75 
 
 24-60 
 
 25-44 
 
 28-29 
 
 27-14 
 
 27-99 
 
 88-84 
 
 29-69 
 
 30-53 
 
 2000 
 
 2-2-32 
 
 23-21 
 
 24-10 
 
 25-00 
 
 25-S9 
 
 26-78 
 
 27-67 
 
 28-57 
 
 29-46 
 
 30-38 
 
 31-25 
 
 3214 
 
 2100 
 
 23-44 
 
 24-37 
 
 25-31 
 
 26-25 
 
 27-19 
 
 as-1.2 
 
 29-08 
 
 30-00 
 
 30^93 31^87 
 
 32-81' 
 
 33-75 
 
 
 $ cts 
 
 $ cts 
 
 $ cts 
 
 S cts 
 
 $cts 
 
 S cts 
 
 S cts 
 
 S cts S as 
 
 Sets 
 
 $ cts 
 
 Scu 
 
 Lbs. 
 
 3700 
 
 38-00 
 
 39-00 
 
 40-00 
 
 41-00 
 
 42-00 
 
 43-00 
 
 44-00 
 
 45^00 
 
 SO'OO 
 
 55 00 
 
 60- CD 
 
 10 
 
 •17 
 
 ■17 
 
 •17 
 
 •18 
 
 -18 
 
 •19 
 
 ~T9 
 
 ■20 
 
 ■20 
 
 •22 
 
 ■25 
 
 -27 
 
 15 
 
 •25 
 
 •25 
 
 •28 
 
 •27 
 
 •27 
 
 •28 
 
 ■29 
 
 •29 
 
 •30 
 
 •33 
 
 •37 
 
 40 
 
 20 
 
 •33 
 
 •34 
 
 •35 
 
 •36 
 
 •37 
 
 ■38 
 
 •38 
 
 •39 
 
 •40 
 
 •45 
 
 •49" 
 
 •54 
 
 as 
 
 -41 
 
 •42 
 
 •44 
 
 •45 
 
 •46 
 
 •47 
 
 •48 
 
 •49 
 
 •50 
 
 •56 
 
 ■ei*: 
 
 •67 
 
 30 
 
 •50 
 
 •51 
 
 •52 
 
 •54 
 
 ■65 
 
 •66 
 
 •67 
 
 •59 
 
 ■60 
 
 •67 
 
 •74 
 
 •80 
 
 40 
 
 ■66 
 
 -68 
 
 •70 
 
 ■71 
 
 ■73 
 
 •75 
 
 •77 
 
 •79 
 
 ■80 
 
 •89 
 
 •98 
 
 1-07 
 
 50 
 
 ■83 
 
 •85 
 
 -87 
 
 ■89 
 
 ■92 
 
 •94 
 
 •96 
 
 •98 
 
 l^OO 
 
 112 
 
 1-23 
 
 1-34 
 
 60 
 
 ■99 
 
 1^02 
 
 1-04 
 
 1^07 
 
 MO 
 
 113 
 
 M5 
 
 118 
 
 1^80 
 
 1-34 
 
 1^47 
 
 1-61 
 
 70 
 
 M6 
 
 M9 
 
 1-21 
 
 125 
 
 1-28 
 
 1-31 
 
 1-34 
 
 1-37 
 
 1^41 
 
 1-56 
 
 1^73 
 
 1-87 
 
 80 
 
 1-32 
 
 1^36 
 
 W9 
 
 1-43 
 
 1-m 
 
 1-50 
 
 154 
 
 1^57 
 
 1-61 
 
 1-79 
 
 1^96 
 
 2-14 
 
 90 
 
 1^49 
 
 1-53 
 
 1^57 
 
 1-61 
 
 1^65 
 
 1-69 
 
 173 
 
 1-77 
 
 1-81 
 
 2-01 
 
 2^21 
 
 2-41 
 
 100 
 
 1^65 
 
 1-70 
 
 1^74 
 
 1-79 
 
 1^83 
 
 1-88 
 
 1-92 
 
 1^96 
 
 2-01 
 
 2-23 
 
 2-46 
 
 2-68 
 
 200 
 
 3 30 
 
 3-39 
 
 3-48 
 
 3-57 
 
 3^68 
 
 3-75 
 
 3-84 
 
 3-93 
 
 4-02 
 
 4-46 
 
 4-91 
 
 5-36 
 
 300 
 
 4-96 
 
 5-09 
 
 5^22 
 
 5-36 
 
 5-49 
 
 5-63 
 
 5-76 
 
 6-89 
 
 603 
 
 6-70 
 
 7-37 
 
 8-04 
 
 100 
 
 6-61 
 
 6-79 
 
 6^96 
 
 7-14 
 
 7^.32 
 
 7^50 
 
 7-68 
 
 7-86 
 
 804 
 
 8-93 
 
 9-82 
 
 10-71 
 
 500 
 
 8-26 
 
 8-48 
 
 8^71 
 
 8-93 
 
 9-15 
 
 9^38 
 
 9-60 
 
 9-82 
 
 10-04 
 
 11-16 
 
 12-28 
 
 13-39 
 
 600 
 
 9-91 
 
 10^ 18 
 
 10-45 
 
 10-71 
 
 10-98 
 
 u-as 
 
 11-52 
 
 11-79 
 
 12-05 
 
 13-39 
 
 14-73 
 
 16-07 
 
 700 
 
 H-56 
 
 n^87 
 
 12-19 
 
 12-50 
 
 12-81 
 
 13-13 
 
 1344 
 
 13-75 
 
 14-06 
 
 15-82 
 
 17-19 
 
 18-75 
 
 800 
 
 13^21 
 
 13^S7 
 
 13-93 
 
 14-29 
 
 14-64 
 
 1500 
 
 15-36 
 
 15-71 
 
 16 07 
 
 17^86 
 
 19 64 
 
 21-43 
 
 900 
 
 14^a7 
 
 15-27 
 
 15-67 
 
 16-07 
 
 16-47 
 
 16-88 
 
 17-28 
 
 17-68 
 
 lS-08 
 
 20^09 
 
 22-10 
 
 21-11 
 
 1000 
 
 16-52 
 
 16-98 
 
 17-41 
 
 17-86 
 
 18-30 
 
 18 75 
 
 19 80 
 
 19-64 
 
 20 09 
 
 82 32 
 
 84-55 
 
 26-79 
 
 1100 
 
 lfrl7 
 
 18-66 
 
 19-15 
 
 19-64 
 
 20-13 
 
 20-63 
 
 21-12 
 
 21-61 
 
 22-10 
 
 24-65 
 
 S7-01 
 
 29-46 
 
 1200 
 
 19-82 
 
 20-36 
 
 20-89 
 
 21-43 
 
 21-98 
 
 22-50 
 
 23-04 
 
 23 57 
 
 24-11 
 
 26^79 
 
 29-46 
 
 38-14 
 
 1300 
 
 21^47 
 
 22 05 
 
 22-63 
 
 23-21 
 
 23-79 
 
 24-38 
 
 24-95 
 
 25-63 
 
 26-12 
 
 2903 
 
 31-92 
 
 34^ 
 
 1400 
 
 23^ 12 
 
 23-75 
 
 24-37 
 
 25-00 
 
 25-62 
 
 26-26 
 
 •26-87 
 
 87-50 
 
 28-12 
 
 3r25 
 
 34-37 
 
 37-50 
 
 1500 
 
 24 78 
 
 25-45 
 
 26-12 
 
 26-79 
 
 27-45 
 
 28-13 
 
 88-79 
 
 29-46 
 
 30-13 
 
 33^48 
 
 36-83 
 
 40-16 
 
 1600 
 
 26-43 
 
 27^14 
 
 27-86 
 
 28-57 
 
 29-23 
 
 SO^OO 
 
 30-71 
 
 31-43 
 
 32-14 
 
 35-71 
 
 39-28 
 
 4'2-S6 
 
 1700 
 
 28^0S 
 
 28^84 
 
 29-60" 
 
 30-36 
 
 31-12 
 
 31 ^88 
 
 32-63 
 
 33-39 
 
 34-15 
 
 37-95 
 
 41-74 
 
 45-53 
 
 1800 
 
 29-73 
 
 30^54 
 
 31-34 
 
 32-14 
 
 32-95 
 
 33-75 
 
 34-55 
 
 35-36 
 
 36-16 
 
 40-18 
 
 44-20 
 
 48-21 
 
 1900 
 
 31-38 
 
 32-23 
 
 33-08 
 
 33-93 
 
 34-78 
 
 35-63 
 
 36-47 
 
 37-32 
 
 38-17 
 
 42-41 
 
 46-65 
 
 50-M 
 
 2000 
 
 33-03 
 
 33-93 
 
 34-82 
 
 35-71 
 
 36-81 
 
 37-50 
 
 38-39 
 
 39-28 
 
 40-18 
 
 44-84 
 
 49-11 
 
 53-57 
 
 atoQ 
 
 34^68 
 
 35-63 36-56 
 
 37-50 
 
 38-44 
 
 ■39 38 
 
 40-31 
 
 41-25 
 
 42-19 
 
 4i^-87 
 
 51-56 
 
 56-2S 
 
READY RECKONER, BY THE PIECE, BUSHEL, ScC. 
 
 117 
 
 READY RECKONER, to find ihe Price of any Number of Pounds, Yards 
 Pieces, or Bushels, from 2 cents to JSD'OO. ' 
 
 The first column contains the NUMBER, the top columns the PRICES. 
 
 Nos 
 
 act. 
 
 3c 
 
 •J 
 
 ■ 4 
 
 . 
 
 3 
 
 ■ 6 
 
 
 4 
 
 ■ H 
 
 • 
 
 5 
 
 ■10 
 
 ■ 
 
 fl 
 
 ■12 
 
 ■ 
 
 7 
 
 ■14 
 
 
 8 
 
 ■16 
 
 
 9 
 
 ■18 
 
 ■1 
 
 10 
 
 •20 
 
 
 11 
 
 ■22 
 
 
 12 
 
 ■24 
 
 
 i:i 
 
 ■26 
 
 
 14 
 
 ■2H 
 
 •1 
 
 15 
 
 ■30 
 
 •i 
 
 IS 
 
 ■32 
 
 
 17 
 
 •34 
 
 
 IH 
 
 •30 
 
 
 19 
 
 •38 
 
 ; 
 
 W 
 
 •4(1 
 
 ■1 
 
 21 
 
 •42 
 
 ■ 
 
 aa 
 
 ■44 
 
 ■' 
 
 23 
 
 ■46 
 
 ■■ 
 
 24 
 
 ■4,S 
 
 
 2S 
 
 ■50 
 
 
 ai) 
 
 ■60 
 
 .t 
 
 40 
 
 ■SO 
 
 l^S 
 
 50 
 
 l.OU 
 
 1^£ 
 
 60 
 
 1^20 !■? 
 
 70 
 
 1-40 2- 
 
 HO 
 
 1^60 2^< 
 
 90 
 
 1.80 2-- 
 
 100 
 
 2-01) 3^f 
 
 ■32| 
 ■36, 
 
 ■4o; 
 ■44; 
 
 ■48 
 
 •52 
 
 •56 
 
 •60 
 
 •64 
 
 •63 
 
 ■72 
 
 •76 
 
 •soil' 
 
 •84: !■ 
 
 •881' 
 
 •92jl' 
 
 ■96;1' 
 
 i^ooli 
 
 ■90 1-20:l' 
 •20il^00,2' 
 •50200I2' 
 •80,2^403- 
 •10 2^80!3 
 M03^20j4 
 /O 3-60 4 
 •no 4^00!5' 
 
 •12 
 •18 
 ■24 
 ■30 
 •36 
 ■42 
 ■48 
 •54 
 •GO 
 •66 
 ■72 
 •73 
 .84 
 ■90 
 ■96 
 1^02 
 l^OS 
 '.■14 
 1^20 
 1^26 
 1^32 
 1^38 
 1^44 
 l^SO 
 1^80 
 2^40 
 3-00 
 3^60 
 4^20 
 4-80 
 50:5^40 
 
 oolo^oo 
 
 6if<. 
 ■121 
 1S3 
 25 
 31} 
 37; 
 43^ 
 50 
 ■56} 
 62; 
 
 •81} 
 ■87J 
 ■933 
 
 i^no 
 
 1-06} 
 
 M2i 
 
 1-185 
 
 1-25 
 
 1-31} 
 
 '■3'j 
 1^43l 
 1-50 
 1^56} 
 
 r87r 
 
 2^50 
 3- 12, 
 3^76 
 4^37i 
 5^00' 
 5^62: 
 625 
 
 •14 
 
 •21 
 
 •28 
 
 •35 
 
 •42 
 
 •49 
 
 •66 
 
 •63 
 
 •70 
 
 •77 
 
 •84 
 
 ■91 
 
 ■98 
 
 1^05 
 
 1-12 
 
 M9 
 
 1-26 
 
 1^33 
 
 1^40 
 
 1^47 
 
 1-54 
 
 161 
 
 1-63 
 
 1^75 
 
 210 
 
 2^80 
 
 3-SO 
 
 4-20 
 
 90 
 
 S^OO 
 
 ■30 
 
 7^00 
 
 Bet. 
 
 Set. 
 
 lOct. 
 
 •16 
 
 •18 
 
 •20 
 
 •24 
 
 ■27 
 
 -30 
 
 •32 
 
 •36 
 
 •40 
 
 •40 
 
 •45 
 
 •50 
 
 •48 
 
 •54 
 
 •60 
 
 •56 
 
 •03 
 
 •70 
 
 •64 
 
 •72 
 
 •8(1 
 
 •72 
 
 •Rl 
 
 •90 
 
 -80 
 
 •90 
 
 too 
 
 •88 
 
 •99 
 
 1^10 
 
 -96 
 
 Mia 
 
 1^20 
 
 1-04 
 
 M7 
 
 V30 
 
 112 
 
 1^26 
 
 1^40 
 
 1^20 
 
 1^35 
 
 1^5(l 
 
 1-28 
 
 1^44 
 
 160 
 
 r36 
 
 1^53 
 
 1^70 
 
 r44 
 
 i^oa 
 
 l^HO 
 
 1^,')2 
 
 1-71 
 
 VW 
 
 1-60 
 
 I'RO 
 
 '2-m 
 
 1^68 
 
 1-89 
 
 2^10 
 
 1^76 
 
 1^98 
 
 2^20 
 
 1-84 
 
 2^07 
 
 2-30 
 
 V92 
 
 2^16 
 
 2-40 
 
 2-00 
 
 2:25 
 
 a^.'iO 
 
 2-40 
 
 2^70 
 
 :\-m 
 
 3^20 
 
 3^6n 
 
 i-m 
 
 4-00 
 
 4^50 
 
 5^00 
 
 4-80 
 
 5-40 
 
 6^00 
 
 5-60 0-30 
 
 7^00 
 
 3-40 7-20 
 
 H-m 
 
 7^20 ,810 
 
 n-nu 
 
 800 
 
 9.00 
 
 lO-OO 
 
 Uct. 
 
 -33 
 
 •44 
 
 •55 
 
 •66 
 
 •77 
 
 •88 
 
 •99 
 
 I^IO 
 
 1^21 
 
 132 
 
 1^43 
 
 1-54 
 
 1-65 
 
 1^76 
 
 1-87 
 
 1'93 
 
 2^09 
 
 2^20 
 
 2^31 
 
 2^42 
 
 253 
 
 2-64 
 
 276 
 
 3^30 
 
 4^40 
 
 5^50 
 
 fl^60 
 
 7-70 
 
 8^80 
 
 9^90 
 
 11 ■CO 
 
 Via. 
 •24 
 •36 
 •48 
 •60 
 -72 
 •84 
 •96 
 1' 
 
 1-20 
 1-32 
 144 
 ]^56 
 1'68 
 1^80 
 192 
 2-04 
 216 
 2 
 
 2 40 
 2-52 
 2-64 
 2^76 
 2-88 
 3^00 
 3-60 
 4^ 
 
 6^00 
 7-20 
 8^40 
 960 
 10^80 
 
 la^oo: 
 
 12ic(.;13rt. 
 
 ^6 
 
 •39 
 
 •52 
 
 •66 
 
 •25 
 
 •37i 
 
 •60' 
 
 •62^ 
 
 •75 
 
 •874 
 
 l^OO 
 
 1-12! 
 
 125 
 
 1-37! 
 
 1^60' 
 
 1'62! 
 
 1-76' 
 
 1^374 
 
 2-00 
 
 2^12! 
 
 2^25' 
 
 2-37J 
 
 2-50' 
 
 2^62! 
 
 2^76' 
 
 2^87! 
 
 3^00' 
 
 3^12) 
 
 375' 
 
 5^00 
 
 625 
 
 7^50 
 
 8^75 
 
 lO^OO 
 
 11^25 
 
 12^50 
 
 •91 
 1^04 
 M7 
 r30 
 1^43 
 1^56 
 1^69 
 ]^82 
 1-95 
 208 
 2^21 
 2^34 
 2-47 
 2.00 
 2-73 
 2^86 
 2^99 
 312 
 3-25 
 3^!I0 
 5^20 
 6-50 
 7-SO 
 910 
 10^40 
 ]1^70 
 13-00 
 
 ■2s 
 
 ■42 
 
 -56 
 
 ■70 
 
 ■84 
 
 ■98 
 
 .■12 
 
 1-26 
 
 1^40 
 
 1^54 
 
 1-08 
 
 1^82 
 
 1^96 
 
 210 
 
 2^24 
 
 2-38 
 
 2^52 
 
 2-66 
 
 2-80 
 
 2^04 
 
 3^08 
 
 3-22 
 
 3.36 
 
 3^60 
 
 4^20 
 
 6^60 
 
 7^00 
 
 3^40 
 
 9-80 
 
 11-20 
 
 12-60 
 
 14^0D 
 
 tfos 15 a, 16 et. 17 ct. IS ct. 
 ~^0 
 
 ■45 
 
 •60 
 
 •75 
 
 •90 
 105 
 1-20 
 1^35 
 1^50 
 r65 
 1 
 
 1-95 
 2^10 
 225 
 2^40 
 255 
 2^70 
 2-86 
 3^00 
 3^15 
 3^30 
 3^45 
 3^60 
 3^7S 
 4^50 
 600 
 7^50 
 9^00 
 
 ]0^50111-20;il^90ll2-60 
 12^00112^SOil3^60;i4-40 
 13^60|14^40lj5^30;i6^20 
 15^00llfr00'l70n.l8^00i 
 
118 
 
 READY B,E0K9NER, BY THE PIECE, BUSHEL, feC. 
 
 The first column on the left contains the NUMBER of the Article, and the colrnim 
 on the tops of the Tables, the PRICE. 
 
 
 Nos 
 2 
 
 2Sc(. 
 
 aOrtl 
 
 30 ct. 
 .60 
 
 31 ct 
 -62 
 
 3Uct. 
 
 32 c(. 
 
 33 ct. 
 •66 
 
 335ct.|34 
 
 ct.1 
 
 35 ct. 
 
 36 ct. 
 
 17 ct. 
 
 7J«. 
 
 
 •56 SS 
 
 •62J 
 
 •64 
 
 ■66| 
 
 •6S 
 
 •70 
 
 •72 
 
 ~~^4 
 
 -75 
 
 f 
 
 
 3 
 
 ■84 -87 
 
 -90 
 
 -93 
 
 •933 
 
 •96 
 
 •99 
 
 1.00 
 
 1-02 
 
 1-05 
 
 l^OS 
 
 Ml 
 
 i-m 
 
 
 
 4 
 
 1-J2 1-16 
 
 1-20 
 
 1-24 
 
 1-25 
 
 1^28 
 
 1^32 
 
 1-3-3^ 
 
 1-36 
 
 1-40 
 
 1^44 
 
 1-48 
 
 1-50 
 
 
 5 
 
 1401 1-45 
 
 1-50 
 
 1-55 
 
 1-561 
 187| 
 
 l^OO 
 
 1-65 
 
 1-66J 
 
 1-70 
 
 1-75 
 
 1-80 
 
 1-35 
 
 1-87J 
 
 
 
 6 
 
 1-68 
 
 1-74 
 
 1-SO 
 
 t86 
 
 1-92 
 
 1-98 
 
 2-00 
 
 204 
 
 2^10 
 
 2-16 
 
 2-22 
 
 2-25 
 
 
 
 7 
 
 1-96 
 
 2-03 
 
 2-10 
 
 217 
 
 2-183 
 
 2-24 
 
 2-31 
 
 2-33J 
 
 2^38 
 
 245 
 
 2-52 
 
 2-59 
 
 2-6aj 
 
 
 
 8 
 
 2-24 
 
 2-32 
 
 2-40 
 
 2-48 
 
 2-50 
 
 2-66 
 
 2-64 
 
 2-66| 
 
 2-72 
 
 2^80 
 
 2-88 
 
 2-96 
 
 3-00 
 
 
 
 9 
 
 2-52 
 
 2-61 
 
 2-70 
 
 2-79 
 
 2-81! 
 3-123 
 
 2-88 
 
 2-97 
 
 3-00 
 
 3-06 
 
 3-15 
 
 3-24 
 
 3-33 
 
 3-37J 
 
 
 
 10 
 
 2-80 
 
 2-90 
 
 3-00 
 
 3-10 
 
 3-20 
 
 3-30 
 
 3-33J 
 
 3-40 
 
 3-50 
 
 3-60 
 
 3-70 
 
 3-75 
 
 
 
 11 
 
 3-08 
 
 3-19 
 
 3-30 
 
 3-41 
 
 3-43i 
 
 3-52 
 
 3-63 
 
 3'66| 
 
 3^74 
 
 3-85 
 
 3-96 
 
 4-07 
 
 4-18i 
 
 
 
 12 
 
 3 36 
 
 3-48 
 
 3-60 
 
 3-72 
 
 3-75 
 
 3-84 
 
 3-96 
 
 4^00 
 
 4-08 
 
 4-20 
 
 4-32 
 
 4-44 
 
 4-50 
 
 , 
 
 
 13 
 
 3'64 
 
 3-77 
 
 3-90 
 
 4-03 
 
 4-061 
 4-37J 
 
 4-16 
 
 4-29 
 
 4-331 
 
 4-42 
 
 4-55 
 
 4-68 
 
 4-31 
 
 4-87| 
 
 
 
 14 
 
 3-92 
 
 4-06 
 
 4-20 
 
 4-34 
 
 4-48 
 
 4-62 
 
 4-661 
 
 4-76 
 
 4-90 
 
 5-04 
 
 5- IS 
 
 6-25 
 
 
 
 15 
 
 4-20 
 
 4-35 
 
 4-50 
 
 4-65 
 
 4-68| 
 
 4-80 
 
 4-95 
 
 5-00 
 
 5-10 
 
 5-26 
 
 5-40 
 
 5-56 
 
 6-63J 
 
 
 
 13 
 
 4-48 4-64 
 
 4-80 
 
 4-96 
 
 5-00 
 
 5-12 
 
 5-28 
 
 5-33J 
 
 5-44 
 
 5-60 
 
 5-76 
 
 5-92 
 
 8-00 
 
 
 , 
 
 17 
 
 4-76 
 
 4-93 
 
 5-10 
 
 5-27 
 
 5-31| 
 
 5-44 
 
 5-61 
 
 5-66} 
 
 5-78 
 
 5-95 
 
 6-12 
 
 6-29 
 
 e-37i 
 
 
 
 J6 
 
 504 
 
 5-22 
 
 5-40 
 
 5-53 
 
 5-62! 
 
 5-76 
 
 5-94 
 
 6-00 
 
 6-12 
 
 6-30 
 
 6-48 
 
 6-60 
 
 6-75 
 
 
 ' 
 
 io 
 
 5-32 
 
 5-51 
 
 5-70 
 
 5-S9 
 
 5-93J 
 
 6-08 
 
 6-27 
 
 6-33JI 6-46 
 
 6-65 
 
 6-64 
 
 7-03 
 
 7-12i 
 
 
 
 20 
 
 5-60 
 
 5-80 
 
 6-00 
 
 ,6-20 
 
 6-25 
 
 6-40 
 
 6-60 
 
 6-601 
 
 6-SO 
 
 7-00 
 
 7-20 
 
 7-40 
 
 7-50 
 
 
 
 21 
 
 5-88 
 
 6-09 
 
 6-30 
 
 6-51 
 
 6-66) 
 6-87; 
 7-18! 
 
 6-72 
 
 6-93 
 
 7-00 
 
 7-14 
 
 7-35 
 
 7-56 
 
 7-77 
 
 7-87i 
 
 
 
 22 
 
 6-16 
 
 6 38 
 
 6-00 
 
 6-82 
 
 704 
 
 7-26 
 
 7-33J 
 
 7-48 
 
 7-70 
 
 7-92 
 
 8-14 
 
 8-25 
 
 
 
 83 
 
 6-44 
 
 6 67 
 
 6-90 
 
 7-13 
 
 7-36 
 
 7-59 
 
 7-66} 
 
 7-82 
 
 8-05 
 
 8-28 
 
 8-51 
 
 8-62^ 
 
 
 
 24 
 
 6-72 
 
 6-96 
 
 7-20 
 
 7-44 
 
 7-50 
 
 7-68 
 
 7-92 
 
 8-00 
 
 S-16 
 
 8-40 
 
 8-64 
 
 8-88 
 
 9-00 
 
 
 
 25 
 
 7-00 
 
 7-25 
 
 7-50 
 
 7-75 
 
 7-81, 
 9-37. 
 
 8-00 
 
 8-25 
 
 S-33J 
 
 8-60 
 
 S-75 
 
 9-00 
 
 9-25 
 
 9-375 
 
 
 
 30 
 
 8-40 
 
 8-70 
 
 9-00 
 
 9-30 
 
 9-60 
 
 9-90 
 
 10-00 
 
 10-20 
 
 10-50 
 
 10-80 
 
 11-10 
 
 11-85 
 
 
 
 4U 
 
 11-20 
 
 11-00 
 
 12-00 
 
 12-40 
 
 12-50 
 
 12-80 
 
 13-20 
 
 13-.33I 
 
 13-60 
 
 14-00 
 
 14-40 
 
 14-SO 
 
 15 00 
 
 
 
 50 
 
 14-00'14-50 
 
 15-00 
 
 15-60 
 
 15-623 
 
 16-00 
 
 16-50 
 
 16-66} 
 
 17-00 
 
 17-60 
 
 18-00 
 
 lfr60 
 
 18-75 
 
 
 
 60 
 
 10-80 17-40 
 
 18-00 
 
 18-60 
 
 18-75 
 
 19-20 
 
 19-80 
 
 20-00 
 
 20-40 
 
 21-00 
 
 2V60 
 
 22-20 
 
 a-2-50 
 
 
 
 70 
 
 19-60 20-30 
 
 21-00 
 
 21-70 
 
 21-87! 
 
 22-40 
 
 23-10 
 
 23-33J 
 
 23-80 
 
 ■24^60 
 
 25-20 
 
 85 90 
 
 26-25 
 
 
 
 80 
 
 -22-40 23-20 
 
 •24-00 
 
 24-80 
 
 25-00 
 
 25-60 
 
 •26-40 
 
 26-663 
 
 27-20 
 
 28-00 
 
 88-80 
 
 29-60 
 
 30-00 
 
 
 
 90 
 
 25 20 26-10 
 
 27-00 
 
 27-90 
 
 23-12, 
 
 28-80 
 
 29-70 
 
 30-00 
 
 30-60 
 
 31-50 
 
 32-40 
 
 33^30 
 
 33-75 
 
 
 
 lOO 
 
 »00, 29-00 
 
 30-00 
 
 31-00 
 
 31-25 
 
 32-00 
 
 133-OC 
 
 .33-.33J 
 
 34-00 
 
 35-00 
 
 36-00 
 
 .37^no 
 
 37-50 
 
 
 
 Nas 
 2 
 
 33 ct. 
 
 39 ct. 
 
 40 ct. 
 ■SO 
 
 41 ct. 
 
 •82 
 
 42 ct. 
 •84 
 
 43 ct. 4 
 •86" 
 
 4ct. 4 
 -88' 
 
 5ct. 
 •90 
 
 46 ct. 47 ct. 
 
 48 ct. 
 
 49 c 
 
 .50cl.^51cl. 
 
 
 
 •76 
 
 •78 
 
 ■•92 
 
 •94 
 
 -96 
 
 •9 
 
 b1 1-Ot 
 
 1-09 
 
 
 
 3 
 
 1-14 
 
 1-17 
 
 1-20 
 
 1^23 
 
 1-26 
 
 1-29 
 
 1-32 
 
 135 
 
 138 
 
 1-41 
 
 1-44 
 
 )^47i 1^5l 
 
 1-53 
 
 
 
 ■ 4 
 
 1-52 
 
 1-66 
 
 1-60 
 
 1^64 
 
 1-68 
 
 1-72 
 
 1-76 
 
 1^80 
 
 1^84 
 
 1-88 
 
 1-93 
 
 l-96i 2^0 
 
 2-04 
 
 
 
 5 
 
 1-90 
 
 1-95 
 
 2-00 
 
 2^05 
 
 2-10 
 
 2-15 
 
 2-20 
 
 225 
 
 2^30 
 
 2-35 2-40 
 
 81 
 
 5 2-5 
 
 a-55 
 
 
 
 6 
 
 2-28 
 
 2-34 
 
 2-40 
 
 2^46 
 
 2-52 
 
 2-58 
 
 2-64 
 
 2^70 
 
 2-76 
 
 2-92 
 
 2^88 
 
 2-9 
 
 4 3-0( 
 
 3-06 
 
 
 
 7 
 
 2-66 
 
 2-73 
 
 2-80 
 
 2-87 
 
 2-94 
 
 3-01 
 
 3-08 
 
 3-15 
 
 322 
 
 3-29 
 
 3-36 
 
 31 
 
 3 3-5( 
 
 3-57 
 
 
 
 - 8 
 
 3-04 
 
 3-12 
 
 3-20 
 
 3-28 
 
 3-36 
 
 3-44 
 
 3-52 
 
 3-60 
 
 368 
 
 3 76 
 
 3-84 
 
 3-9 
 
 a 4-0 
 
 4-09 
 
 
 
 9 
 
 3-42 
 
 3-51 
 
 3-60 
 
 3-69 
 
 3-7S 
 
 3-87 
 
 3-96 
 
 4-05 
 
 4^14 
 
 4-23 
 
 4-32 
 
 4-4 
 
 1 4-5( 
 
 4-59 
 
 
 
 10 
 
 3-80 
 
 3^90 
 
 4-00 
 
 4-10 
 
 4-20 
 
 4-30 
 
 4-40 
 
 4-50 
 
 4^60 
 
 4-70 
 
 4-80 
 
 4-9 
 
 5-0 
 
 5-10 
 
 
 
 11 
 
 4-18 
 
 4^29 
 
 4-40 
 
 4-51 
 
 4-62 
 
 4-73 
 
 4-84 
 
 4-96 
 
 5-06 
 
 5-17 
 
 5-S8 
 
 5-3 
 
 9 5-5 
 
 5-61 
 
 
 
 12 
 
 4-56 
 
 4^68 
 
 4-80 
 
 4-92 
 
 5-04 
 
 5-16 
 
 5-28 
 
 6-40 
 
 5-52; 5-64 
 
 5-70 
 
 5-S 
 
 8 6-0 
 
 } 6-12 
 
 
 
 13 
 
 4-94 
 
 5^07 
 
 5-20 
 
 5-33 
 
 5-46 
 
 5-69 
 
 5-72 
 
 5-86 
 
 5-98! 6-11 
 
 6-24 
 
 6-3 
 
 7 6-5 
 
 ) 6-63 
 
 
 
 14 
 
 5-32 
 
 5-46 
 
 5-60 
 
 5^74 
 
 5-88 
 
 6-02 
 
 6-16 
 
 6-30 
 
 6^44 
 
 6-58 
 
 6-72 
 
 6-8 
 
 6 7-0 
 
 ) 7-14 
 
 
 
 15 
 
 5-70 
 
 5-85 
 
 6-00 
 
 6^15 
 
 6-30 
 
 6-45 
 
 6-60 
 
 6-75 
 
 6-90 
 
 7-05 
 
 7-20 
 
 7-3 
 
 5 7-5 
 
 1 7-65 
 
 
 
 16 
 
 608 
 
 6-24 
 
 6-40 
 
 6^S6 
 
 6-72 
 
 6-88 
 
 7-04 
 
 7-20 
 
 7 36 
 
 7-52 
 
 7-68 
 
 7-8 
 
 4 8-0 
 
 ) 8-16 
 
 
 
 17 
 
 6-46 
 
 6-63 
 
 6-80 
 
 8-97 
 
 7-14 
 
 7-31 
 
 7-48 
 
 7-65 
 
 7-82 
 
 7-99 
 
 8-16 
 
 S-'S 
 
 3 8-6 
 
 ) 8-67 
 
 
 
 18 
 
 6-84 
 
 7-02 
 
 7^20 
 
 7-38 
 
 7-56 
 
 7-74 
 
 7-92 
 
 8-10 
 
 -e-28 
 
 8^46 
 
 8-64 
 
 8-8 
 
 2; 9-0 
 
 ) 9-18 
 
 
 
 19 
 
 7-22 
 
 7-41 
 
 7^60 
 
 7-79 
 
 7-98 
 
 8-17 
 
 8-36 
 
 8-55 
 
 8-74 
 
 &93 
 
 9-12 
 
 9-3 
 
 ll 9-6 
 
 ) 0-69 
 
 
 
 20 
 
 7-60 
 
 7-80 
 
 8-00 
 
 8-20 
 
 8-40 
 
 8-60 
 
 8-80 
 
 9-00 
 
 9-20 
 
 9^40 
 
 9-60 
 
 9-8010-0 
 
 ) 10-211 
 
 
 
 21 
 
 7-98 
 
 8-19 
 
 8^40 
 
 8-61 
 
 8-32 
 
 9-03 
 
 9-24 
 
 9-45 
 
 9-66 
 
 9^87 
 
 lO^OS 
 
 10-29,10-5 
 
 ] 10-71 
 
 
 
 22 
 
 8 30 
 
 8-58 
 
 8^80 
 
 9-oa 
 
 9-24 
 
 9-46 
 
 9-68 
 
 9-90 
 
 10-12 
 
 10^34 
 
 10^56 
 
 10-78|11-0I 
 
 ) ii-aa 
 
 
 
 23 
 
 8-74 
 
 8-97 
 
 9^20 
 
 9-43 
 
 9.66 
 
 9-89 
 
 10-12 
 
 0-35 
 
 10-68 
 
 10^81 
 
 11-04 
 
 11-a7'll-5 
 
 J11-7S 
 
 
 
 24 
 
 9-12 
 
 9-36 
 
 9-60 
 
 9-84 
 
 10-08 10-32 
 
 10-56 
 
 0-80 
 
 11-04 
 
 11^28 
 
 ll-52|11-76J12-0n'l-224 
 
 
 
 25 
 
 9-50 
 
 9-7S 
 
 10-00 
 
 10-25 
 
 10-5010-75 
 
 11-00 
 
 1-25 
 
 11-50 
 
 11^75 
 
 12-00 12-25 12-50;i2-75 
 
 
 
 30 
 
 11-40 
 
 11-70 
 
 12-00 
 
 12-30 
 
 12-6012-90 
 
 13-20 
 
 3-50 
 
 13-80 
 
 14-10 
 
 14-40,14-7015 00;15-30 
 
 
 
 40 
 
 15-20 
 
 15-60 
 
 16-00 
 
 16-40 
 
 16-8017-20 
 
 17-60 
 
 S-00 
 
 18-40 
 
 18-80 
 
 19-20 19 60 2000,aO-« 
 
 
 
 50 
 
 19-00 
 
 19-50 
 
 2000 
 
 20-5C 
 
 21-00 21-50 
 
 22-00 i 
 
 2-50 
 
 23-00 
 
 23-50 
 
 24-00 24-50,25-00125-50 
 
 
 
 60 
 
 22-SO 
 
 23-40 
 
 24-00 
 
 21-60J25-20 25-80 
 
 26-40 S 
 
 7-00 
 
 27-60 
 
 28-20 
 
 28-80:29-40 30 00 30-* 
 a3-60,34-30;35-00'35-'i5 
 38-40 39-20!4O-0O'40-8(l 
 
 
 
 70 
 
 26-00 
 
 27-30 
 
 28-00 
 
 28-70'29-40 30-10 
 
 50^S0C 
 
 1-50 
 
 32-20 
 
 32-90 
 
 
 
 80 
 
 30-40 
 
 31-20 
 
 32 00 
 
 32-8033-611 34-40 
 
 55-20 i 
 
 6-00 
 
 36-80 
 
 37-60 
 
 
 
 90 
 
 34-20 
 
 35-10 
 
 36-00136 90137-80 38-70 
 
 39-60 4 
 
 0-50 
 
 41-40 
 
 4230 
 
 43-20 44-10145 00;45-9!) 
 
 
 
 IOC 
 
 38-00139-00 
 
 40-00141-00142-00 43-00 
 
 14-00 <! 
 
 5-00 
 
 46-00 
 
 47^00'48-00'49-00 50-00fll>00 
 
 
KEADT RECKONER, BY THE PIECE,- BUSHEL, tcC. 
 
 119 
 
 The first column on the left contains the NUMBER of the Aiticle, and the column 
 on the tops of the Tables, the PRICE. 
 
 Nos 
 2 
 
 52 ct. 
 
 53 cf. 
 
 54 c«. 
 108 
 
 55 ct. 
 1-10 
 
 56 c(. 
 1-12 
 
 57 c(. 
 1-14 
 
 58 ct. 
 1-16 
 
 59 ct. 
 1-18 
 
 60 c«. 
 1-20 
 
 61 c( 
 1-22 
 
 62 cl. ( 
 1-24 
 
 >2ic«. 
 
 63 «. 
 1-26 
 
 1-04 1-06 
 
 1-25 
 
 3 
 
 1-66 1-59 
 
 1-62 
 
 1-65 
 
 1-68 
 
 1-71 
 
 1-74 
 
 1-77 
 
 1-80 
 
 1-83 
 
 1-86 
 
 1-87* 
 
 1-89 
 
 4 
 
 2-08 1 2-ia 
 
 2-16 
 
 2-20 
 
 2-24 
 
 2-28 
 
 2-32 
 
 2-36 
 
 2-40 
 
 2-44 
 
 2-48 
 
 2-60 
 
 2-52 
 
 5 
 
 260 2-65 
 
 2-70 
 
 2-75 
 
 280 
 
 2-85 
 
 2-90 
 
 2-95 
 
 3-00 
 
 3-05 
 
 3-10 
 
 3-12J 
 
 3-15 
 
 6 
 
 312 3-18 
 
 3-24 
 
 3-30 
 
 3-36 
 
 3-42 
 
 3-4S 
 
 3-54 
 
 3-60 
 
 3-66 
 
 3-72 
 
 3-75 
 
 3-78 
 
 7 
 
 3-64 3-71 
 
 3-78 
 
 3-85 
 
 3-oa 
 
 3-99 
 
 4-06 
 
 4-13 
 
 4-20 
 
 4-27 
 
 4-34 
 
 4-37J 
 
 4-41 
 
 b 
 
 4-16 4-24 
 
 4 32 
 
 4-40 
 
 4-48 
 
 4-56 
 
 4-64 
 
 4-73 
 
 4-80 
 
 4-88 
 
 4-96 
 
 5-00 
 
 5-04 
 
 9 
 
 4-68 i 4-77 
 
 4-86 
 
 4-95 
 
 504 
 
 5-13 
 
 5-22 
 
 5-31 
 
 5-40 
 
 5-49 
 
 5-58 
 
 5-62J 
 
 5-67 
 
 10 
 
 5-20 5-30 
 
 5-40 
 
 5-50 
 
 5-60 
 
 5-70 
 
 5-80 
 
 5-90 
 
 6-00 
 
 6-10 
 
 6-20 
 
 6-25 
 
 6-30 
 
 11 
 
 5-72 5-83 
 
 5-94 
 
 6-05 
 
 6-10 
 
 6-27 
 
 6-38 
 
 6-49 
 
 6-60 
 
 6-71 
 
 6 32 
 
 6-87i 
 
 6-93 
 
 12 
 
 6-241 a-36 
 
 6-43 
 
 6-60 
 
 6-72 
 
 6-84 
 
 6-96 
 
 7-08 
 
 7-20 
 
 7-32 
 
 7-44 
 
 7-50 
 
 7-56 
 
 13 
 
 6-76! 6-89 
 
 7-62 
 
 7-15 
 
 7-28 
 
 7-41 
 
 7-64 
 
 7-67 
 
 7-80 
 
 7-93 
 
 8-06 
 
 8-12J 
 
 8-19 
 
 14 
 
 7-28 \ 7-42 
 
 7-56 
 
 7-70 
 
 7-84 
 
 7-98 
 
 8 12 
 
 8-26 
 
 8-40 
 
 8-54 
 
 8-68 
 
 8-75 
 
 8-82 
 
 15 
 
 7-80! 7-95 
 
 8-10 
 
 8-25 
 
 8-40 
 
 8-55 
 
 8-70 
 
 8-85 
 
 9-00 
 
 9-15 
 
 ^30 
 ?92 
 
 0-37J 
 
 9-45 
 
 16 
 
 3-32 8-48 
 
 8-64 
 
 8-80 
 
 8-96 
 
 9-12 
 
 9-28 
 
 0-44 
 
 9-60 
 
 9-76 
 
 10-00 
 
 10-08 
 
 17 
 
 8-84: 9-01 
 
 9-18 
 
 9-35 
 
 9-52 
 
 9-69 
 
 9-86 
 
 10-03 
 
 10-20 
 
 10-37 
 
 10-54 
 
 10-63* 
 
 10-71 
 
 18 
 
 9-36 9-54 
 
 9-72 
 
 9-90 
 
 1008 
 
 10-26 
 
 10-44 
 
 10-62 
 
 10-80 
 
 10-98 
 
 11-1611-25" 
 
 11-34 
 
 19 
 
 9-88 10-07 
 
 10-26 
 
 10-45 
 
 10 64 
 
 10-83 
 
 11-02 
 
 11-21 
 
 11-40 
 
 11-59 
 
 11-78, ll-37i 
 
 11-97 
 
 20 
 
 10-40 10-60 
 
 10-80 
 
 11-00 
 
 11-20 
 
 11-40 
 
 11-60 
 
 11-80 
 
 12-00 
 
 12-20 
 
 12-401 
 
 12-50 
 
 12-60 
 
 21 
 
 10-92 11-13 
 
 11-34 
 
 11-55 
 
 11-70 
 
 11-97 
 
 12-18 
 
 12-39 
 
 12-60 
 
 12-81 
 
 13-OSl 
 
 3-12J 
 
 13-23 
 
 2a 
 
 11-44 11-66 
 
 1188 
 
 12-10 
 
 12-32 
 
 12-54 
 
 12-76 
 
 12-98 
 
 13-20 
 
 13-42 
 
 13-641 
 
 3-75 
 
 13.86 
 
 23 
 
 11-96 12-19 
 
 12 42 
 
 12-65 
 
 12 88 
 
 13-11 
 
 13-34 
 
 13-57 
 
 13-80 
 
 14-03 
 
 14-361 
 
 l4-37i 
 
 14-49 
 
 24 
 
 12-48 12-72 
 
 12-96 
 
 13-20 
 
 13-44 
 
 13-68 
 
 13-92 
 
 1416 
 
 1440 
 
 14-64 
 
 14-8Si 
 
 5-00 
 
 15-13 
 
 25 
 
 13-00 13-25 
 
 13-50 
 
 1375 
 
 14-00 
 
 14-25 
 
 14-50 
 
 14 75 
 
 15-00 
 
 15-25 
 
 IS-50I 
 
 15-62* 
 
 15-75 
 
 .30 
 
 15-60 15-90 
 
 16-20 
 
 16-50 
 
 16-80 
 
 17-10 
 
 17-40 
 
 17 70 
 
 18-00 
 
 18-30 
 
 18-60'l8-75; 
 
 18-90 
 
 40 
 
 20-80 21-20 
 
 21-60 
 
 2200 
 
 22-40 
 
 22-80 
 
 23 20 
 
 23-60 
 
 24-00 
 
 24-40 
 
 24-80,25-00 
 
 25-20 
 
 SO 
 
 26-00 26-50 
 
 2700 
 
 27-50 
 
 28-00 
 
 28-50 
 
 29-00 
 
 29 50 
 
 30-00 
 
 30-50 
 
 31-00 31-25 
 
 31-50 
 
 60 
 
 31-20 31-80 
 
 32-40 
 
 33-00 
 
 33 60 
 
 34-20 
 
 34 80 
 
 35-40 
 
 36-00 
 
 36-60 
 
 37-20 37-50 
 
 37-80 
 
 70 
 
 36-40 37-10 
 
 37-80 
 
 38-50 
 
 39-20 
 
 39-90 
 
 40-60 
 
 41-30 
 
 42-00 
 
 42-70 
 
 43-4043 75 
 
 44-10 
 
 80 
 
 41-60 42-40 
 
 43-20 
 
 44-00 
 
 M-80 
 
 45-60 
 
 46-40 
 
 47-20 
 
 48-00 
 
 48-80 
 
 49-60:5000 
 
 50-40 
 
 90 
 
 46-80 47-70 
 
 48-60 
 
 49-50 
 
 50 40 
 
 51-30 
 
 5220 
 
 53-10 
 
 54-00 
 
 54-90 
 
 55-8066-35 
 
 56-70 
 
 100 
 
 52-On 53-00 
 
 6400 55 00 ; 
 
 5600 
 
 57-00 
 
 53-00 
 
 5900 
 
 6000 
 
 61-00 
 
 6200 62-50 103-00 |- 
 
 Nos 
 
 64 c<. 65 a. 
 
 66 c!. 
 
 66|c( 
 
 67 CJ. 
 
 68 CJ. 
 
 69 d. 
 
 70 c(. 
 
 71 ct. 
 
 72 c(. 
 
 73 c(. 
 
 74 c( 
 
 75 c(. 
 
 ' i 
 
 128 1-30 
 
 1-32 
 
 1-33J 
 
 1-34 
 
 1-36 
 
 1-38 
 
 1-40 
 
 1-42 
 
 1-44 
 
 1-46 
 
 1-48 
 
 1-50 
 
 3 
 
 1-92 1-95 
 
 1-98 
 
 2-00 
 
 2-01 
 
 2-04 
 
 2-07 
 
 2-10 
 
 213 
 
 2-16 
 
 2-19 
 
 2-23 
 
 2-25 
 
 4 
 
 S-56 
 
 2-60 
 
 2-64 
 
 2-661 
 
 2-68 
 
 2-72 
 
 2-76 
 
 2-80 
 
 2-84 
 
 2-83 
 
 3-92 
 
 3-96 
 
 3-00 
 
 5 
 
 3-20 
 
 8-25 
 
 3-30 
 
 3-33i 
 
 3-35 
 
 3-40 
 
 3-45 
 
 3-50 
 
 3-55 
 
 3-60 
 
 3-65 
 
 3-70 
 
 3-75 
 
 6 
 
 3-84 
 
 3-90 
 
 3-96 
 
 4-00' 
 
 4-02 
 
 4-08 
 
 4-14 
 
 4-20 
 
 4-26 
 
 4-32 
 
 4-38 
 
 4-44 
 
 4-50 
 
 7 
 
 4-48 
 
 4-55 
 
 4-62 
 
 4-66i 
 
 4-69 
 
 4-76 
 
 4-83 
 
 4-90 
 
 4-97 
 
 5-04 
 
 5-11 
 
 5-18 
 
 3-25 
 6-00 
 
 ■ 8 
 
 6-12 
 
 5-20 
 
 5-28 
 
 5-33i 
 
 5-36 
 
 5-44 
 
 5-52 
 
 5-60 
 
 5-1)8 
 
 5-76 
 
 5-34 
 
 5-'93 
 
 9 
 
 5 76 
 
 5-85 
 
 5-94 
 
 6-60 
 
 6-03 
 
 6-12 
 
 6-21 
 
 6-30 
 
 6-39 
 
 6-48 
 
 6-57 
 
 6-66 
 
 6-75 
 
 10 
 
 6-40 
 
 6-50 
 
 6-60 
 
 6-66§ 
 
 6-70 
 
 6-80 
 
 6-90 
 
 7-00 
 
 7-10 
 
 7-20 
 
 7-30 
 
 7-40 
 
 7-50 
 
 ' 11 
 
 7-04 
 
 7-15 
 
 7-20 
 
 7-33, 
 
 7-37 
 
 7-48 
 
 7-59 
 
 7-70 
 
 7-91 
 
 7-92 
 
 8-03 
 
 8-14 
 
 8'2S 
 
 12 
 
 7-68 
 
 7-90 
 
 7-9S 
 
 8-00 
 
 8-04 
 
 8-16 
 
 8-28 
 
 8-40 
 
 8-52 
 
 8-61 
 
 8-76 
 
 8-38 
 
 9 00 
 
 13 
 
 8-32 
 
 8-45 
 
 8-58 
 
 8-661 
 
 8-71 
 
 884 
 
 8-97 
 
 9-10 
 
 9-23 
 
 9-36 
 
 9-49 
 
 9-62 
 
 .9-75 
 
 14 
 
 S-96 
 
 9-10 
 
 9-24 
 
 9-33; 
 
 9-38 
 
 9-52 
 
 9-66 
 
 9-80 
 
 9-94 
 
 10-03 
 
 10-33 
 
 10-30 
 
 10-50 
 
 15 
 
 9-60 
 
 9-75 
 
 9-90 
 
 10-00 
 
 10-05 
 
 10-20 
 
 10-35 
 
 10-50 
 
 10-65 
 
 10-80 
 
 10-95 
 
 11-10 
 
 11-25 
 
 16 
 
 10-24 
 
 10-40 
 
 10-56 
 
 10-661 
 
 10-72 
 
 10-88 
 
 11-04 
 
 11-20 
 
 11-36 
 
 11-52 
 
 11-63 
 
 11-84 
 
 12-00 
 
 17 
 
 10-88 
 
 11-05 
 
 11-22 
 
 11-53: 
 
 11-39 
 
 11.56 
 
 11-73 
 
 11-90 
 
 12-07 
 
 12-24 
 
 12-41 
 
 12-53 
 
 12- 7S 
 
 18 
 
 11-52 
 
 11-70 
 
 11-88 
 
 12-00 
 
 12-06 
 
 12-24 
 
 12-42 
 
 12-60 
 
 12-78 
 
 12-96 
 
 13-14 
 
 13-32 
 
 13-50 
 
 .19 
 
 12-16 
 
 12-35 
 
 12-54 
 
 12-66? 
 
 13-73 
 
 12-92 
 
 13-11 
 
 13-30 
 
 13-49 
 
 i-i-m 
 
 13-87 
 
 14-06 
 
 11-25 
 
 ho 
 
 12-80 
 
 13-00 
 
 13-20 
 
 13-33 
 
 13-40 
 
 13-60 
 
 13-80 
 
 14-00 
 
 14-20 
 
 14-..0 
 
 14-60 
 
 14-80 
 
 15 00 
 
 '21 
 
 13-44 
 
 13-65 
 
 13-86 
 
 14-00 
 
 14-07 
 
 14-28 
 
 14-49 
 
 14-70 
 
 14-91 
 
 15-12 
 
 15-33 
 
 15-54 
 
 15-75 
 
 22 
 
 14-08 
 
 14-30 
 
 14-52 
 
 14-66i 
 
 14-74 
 
 14-96 
 
 15-13 
 
 15-40 
 
 15-62 
 
 15-84 
 
 16-06 
 
 16-28 
 
 16-50 
 
 a? 
 
 14-72 
 
 14-95 
 
 15-18 
 
 15-33 
 
 15-41 
 
 15-64 
 
 15-87 
 
 16-10 
 
 16-33 
 
 16-56 
 
 16-79 
 
 17-02:n-25 
 
 ■S 
 
 15-36 
 
 15-60 
 
 15-84 
 
 16-00 
 
 16-08 
 
 16-32 
 
 16-56 
 
 16-80 
 
 17-04 
 
 17-28 
 
 1752 
 
 17-76 18-00 
 
 !25 
 
 16-00 
 
 lS-25 
 
 16-50 
 
 16-661 
 
 16-75 
 
 17-00 
 
 17-25 
 
 17-50 
 
 17-75 
 
 18-00 
 
 18-25 
 
 18-50 18-75 
 
 30 
 
 19-20 
 
 19-50 
 
 19-80 
 
 20-00 
 
 20-10 
 
 2U-40 
 
 20-70 
 
 21-00 
 
 21-30 
 
 21-60 
 
 21-90 
 
 22-20 22-50 
 
 40 
 
 25-60 
 
 26-00 
 
 26-40 
 
 26-601 
 
 26-80 
 
 27-20 
 
 27-60 
 
 28-00 
 
 28-40 
 
 28-80 
 
 29-20 
 
 29-60l30-00 
 
 ' 50 
 
 32-00 
 
 32-50 
 
 33-00 
 
 33-33; 
 
 33-50 
 
 34-00 
 
 34-50 
 
 35-00 
 
 .35-60 
 
 36-00 
 
 36-50 
 
 37-00:37-50 
 
 160 
 
 38-40 
 
 39-00 
 
 39-60 
 
 40-00 
 
 40-20 
 
 40-80 
 
 41-40 
 
 42-00 
 
 42-60 
 
 43-20 
 
 43-30 
 
 44-40I45-OO 
 
 ■ 70 
 
 44-80 
 
 4S-50 
 
 46-20 
 
 46-66|i46-90 
 
 47-60 
 
 48-30 
 
 49-00 
 
 4!l-70 
 
 50-40 
 
 51-10 
 
 51-80i52-50 
 
 80 
 
 51-2,0 
 
 S2-00 
 
 52-80 
 
 53-33| 53-60 
 
 54-40 
 
 55-20 
 
 56-00 
 
 56-80 
 
 57-60 '58-40 
 
 59-30 
 
 60-00 
 
 .90 
 
 57-80 
 
 58-50 
 
 69-40 
 
 60-00 160-30 
 
 61-20 
 
 62-10 
 
 63-00 
 
 63-90 
 
 64-80 165-70 
 
 66-60 
 
 07-50 
 
 100 
 
 34-00 
 
 6S-00 166-00 166-661167-00 
 
 68-00 
 
 69-00 
 
 70^00 
 
 71-00 
 
 72-00 /3-00 
 
 74-08 
 
 75-00 
 
120 
 
 EEADY RECKONER, BY THE PIECE, BUSHEL, &C. 
 
 If the Number required is not found in the Tables, add two Numhers together; for 
 instance, if 35 bushels are required, add the prices opposite 30 and 5 logelhci ; 
 and so for SfiS bushels— treble the value of 100, and add 60 and 5 togelher. 
 
 Wos 
 2 
 
 76 ct. 
 1-52 
 
 77 rt. 
 1-54 
 
 78 c«. 
 1-56 
 
 79 cl. 
 1-58 
 
 80 rt. 
 1-60 
 
 81 ct. 
 1-62 
 
 82 c(. 
 1-64 
 
 83 «. 
 1-66 
 
 84 c!. 
 1-68 
 
 85 c(. 
 
 86c<.j 
 
 i7 ct. 
 1-74 
 
 S7Jc» 
 
 .88cl 
 1-76 
 
 1 
 
 1-70' 1-72| 
 
 1-75 
 
 
 3 
 
 2-28 
 
 2-31 
 
 2-34 
 
 2-37 
 
 2-40 
 
 2-43 
 
 2-46 
 
 2-49 
 
 2-52 
 
 2-55 
 
 2-53 
 
 2-61 
 
 2-62il 2-C4 
 
 
 4 
 
 3-04 
 
 3-08 
 
 312 
 
 3-16 
 
 3-20 
 
 3-24 
 
 3-28 
 
 3-32 
 
 3-36 
 
 3-40 
 
 3 44 
 
 3-48 
 
 3-50 
 
 3-52 
 
 
 5 
 
 3-80 
 
 3-85 
 
 3-90 
 
 3-93 
 
 4-00 
 
 4-05 
 
 4-10 
 
 4-15 
 
 4-20 
 
 4-25 
 
 4-30 
 
 4-35 
 
 4-37^1 4-40 
 
 
 6 
 
 4-56 
 
 4-62 
 
 4-68 
 
 4-74 
 
 4-80 
 
 4-86 
 
 4-92 
 
 4-98 
 
 5-04 
 
 5-10 
 
 5-16 
 
 5-22 
 
 5-25 
 
 5-23 
 
 
 7 
 
 5-32 
 
 5-39 
 
 5-46 
 
 5-53 
 
 5-60 
 
 5-67 
 
 5-74 
 
 5-81 
 
 5-88 
 
 5-95 
 
 6-02 
 
 6-09 
 
 6-I2il 6-16 
 
 
 a 
 
 6-08 
 
 6-16 
 
 0-24 
 
 6-32 
 
 6-40 
 
 6-48 
 
 6-56 
 
 6-64 
 
 6-72 
 
 6-80 
 
 6-88 
 
 6-96 
 
 7.00 
 
 7-04 
 
 
 9 
 
 6-84 
 
 6-93 
 
 7-02 
 
 7-11 
 
 7-20 
 
 7-29 
 
 7-38 
 
 7-47 
 
 7-56 
 
 7-65 
 
 7-74 
 
 7-83 
 
 7-87. 
 
 7-92 
 
 
 ID 
 
 7-00 
 
 7-70 
 
 7-80 
 
 7-90 
 
 8-00 
 
 8-10 
 
 8-20 
 
 8-30 
 
 8-40 
 
 8-50 
 
 8-60 
 
 8-70 
 
 8-75 
 
 8-30 
 
 
 11 
 
 8-36 
 
 8-47 
 
 8-58 
 
 8-69 
 
 8-80 
 
 8-91 
 
 9-02 
 
 9-13 
 
 9-24 
 
 9-35 
 
 9-46 
 
 9-57 
 
 9-62J 
 
 9-68 
 
 
 12 
 
 912 
 
 9-24 
 
 9-36 
 
 9-48 
 
 9-60 
 
 9-72 
 
 9-84 
 
 9-96 
 
 10-08 
 
 10-20 
 
 10-32 10-44 
 
 10-50 
 
 10-56 
 
 
 13 
 
 9-88 
 
 10-01 
 
 10-14 
 
 10-27 
 
 10-40 
 
 10-53 
 
 10-66 
 
 10-79 
 
 10-92 
 
 1105 
 
 11-18 11-31 
 
 11-37) 
 
 11-44 
 
 
 14 
 
 10-64 
 
 10-73 lU-92 
 
 11-06 
 
 11-20 
 
 11-34 
 
 11-48 
 
 11-62 
 
 11-76 
 
 11-90 
 
 12-04 12-18 
 
 12-25 
 
 12-32 
 
 
 15 
 
 11-40 
 
 11-55 11-70 
 
 11-85 
 
 13-00 
 
 12-15 
 
 12-30 
 
 12-45 
 
 12-60 
 
 12-75 
 
 12-90 13-05 
 
 13-12) 
 
 13-20 
 
 
 16 
 
 ia-16 
 
 12-32 12-48 
 
 12-64 
 
 12-80 
 
 12-96 
 
 13-12 
 
 13-28 
 
 13-44 
 
 13-60 
 
 13-76 13-92 
 
 14-00 
 
 14-08 
 
 
 17 
 
 12-92 
 
 13-09|13-26 
 
 13-43 
 
 13-60 
 
 13-77 
 
 13-94 
 
 14-11 
 
 14-28 
 
 14-45 
 
 14-62 14-79 
 
 14-87) 
 
 14-96 
 
 
 18 
 
 13-68 
 
 13-8614-04 
 
 14-22 
 
 14-40 
 
 14-58 
 
 14-76 
 
 14-94 
 
 15-12 
 
 15-30 
 
 15-48 15-66 
 
 5-75 
 
 15-84 
 
 
 19 
 
 14-44 
 
 14-6314-82 
 
 15-01 
 
 15-20 
 
 15-39 
 
 15-58 
 
 15-77 
 
 15-96 
 
 16-15 
 
 16-34 16-53 
 
 6-624 
 
 16-72 
 
 
 20 
 
 15-20 
 
 15-40 
 
 15-60 
 
 15-80 
 
 16-00 
 
 16-20 
 
 16-40 
 
 16-60 
 
 16-80 
 
 17-00 
 
 17-20 17-40 
 
 17-50 
 
 17-60 
 
 
 21 
 
 15-96 
 
 16-17 
 
 16-38 
 
 16-59 
 
 16-80 
 
 17-01 
 
 17-22 
 
 17-43 
 
 17-64 
 
 17-85 
 
 18-06 18-27 
 
 18-37) 
 
 18-48 
 
 
 22 
 
 18-72 
 
 16-94 
 
 17-16 
 
 17-38 
 
 17-60 
 
 17-82 
 
 18-04 
 
 18-26 
 
 18-48 
 
 18-70 
 
 18-92 19-14 
 
 9-25 
 
 19-36 
 
 
 23 
 
 17-48 
 
 17-71 
 
 17-94 
 
 18-17 
 
 18-40 
 
 18-63 
 
 18-86 
 
 19-09 
 
 19-32 
 
 19-55 19-78:20-011 
 
 JO-iaj 
 
 20-24 
 
 
 24 
 
 18-24 
 
 18-48 
 
 18-72 
 
 18-96 
 
 19-20 
 
 19-44 
 
 19-68 
 
 19-92 
 
 20-16 20-40:-20-64i20-S8 
 
 Jl-00 
 
 21-12 
 
 
 25 
 
 19-00 
 
 19-25 
 
 19-50ll0-75 
 
 20-00 
 
 20-25 
 
 20-50 
 
 20-75 
 
 21-00,21-25l21-50j21-75 ! 
 
 !1-87J 
 
 22-00 
 
 
 30 
 
 22-80 
 
 23-10 
 
 23-40 
 
 23-70 
 
 24-00 
 
 24-30 
 
 24-60 
 
 24-90 
 
 25-20,25-50 3.5-80 26-10! 
 
 >6-25 
 
 26-40 
 
 
 40 
 
 30-40 
 
 30-80 
 
 31-20 
 
 31-60 
 
 32-00 
 
 32-40 
 
 32-80 
 
 33-20 
 
 33-60:34-00 34-4034-80; 
 
 !5-00 
 
 35-20 
 
 
 50 
 
 38-00 
 
 38-50 
 
 39-00 
 
 39-50 
 
 40-00 
 
 40-50 
 
 41-00 
 
 41-50 
 
 42-00 42-50 43-00 43-50 ' 
 
 3-75 
 
 44-00 
 
 
 60 
 
 45-60 
 
 46-20 
 
 46-80 
 
 47-40 
 
 48-00 
 
 48-60 
 
 49-20 
 
 49-80 
 
 50-40:51-00 51-60 52-20! 
 
 2-50 
 
 52-SO 
 
 
 70 
 
 53-20 
 
 53-90 
 
 54-60 55-30 
 
 56-00 
 
 56-70 
 
 57-40 
 
 58-10 
 
 58-80:59-50l60-20 60-90 ( 
 
 1-25 
 
 61-60 
 
 
 80 
 
 60-80 
 
 61-60162-4063-20 
 
 64-00 
 
 64-80 
 
 65-60 
 
 66-40 
 
 67-20:68-00 63-8069-60 • 
 
 0-00 
 
 70-40 
 
 
 90 
 
 68-40 
 
 69-30;70-20;7t-10 
 
 72-00 
 
 72-90 
 
 73-30 
 
 74-70 
 
 75-60 70-50 77-40 78-30,78-75 
 
 79-20 
 
 
 100 
 
 76-00 77-00 78-00 79-00 
 
 SO-no Sl-00:S2-00'83-00:84-00 85-00 86-00 87-00'87-50 :8B-00 
 
 
 Nos 
 
 S9ct. 
 
 90 ct. 
 
 net. 
 
 92c(.,93c<. 
 
 94 ct. 95 ct. 
 
 96 cl. 
 
 97c«.|98rt. 
 
 99 c!. 
 
 SI- 
 
 82. 
 
 83. 
 
 
 2 
 
 1-78 
 
 1-80 
 
 1-82 
 
 1-84 
 
 1-86 
 
 1-88 
 
 1-90 
 
 1-92 
 
 1-94 
 
 1-96 
 
 1-98 
 
 2- 
 
 4- 
 
 6- 
 
 
 3 
 
 2-67 
 
 2-70 
 
 2-73 
 
 2-76 
 
 2-79 
 
 2-82 
 
 2-85 
 
 2-88 
 
 2-91 
 
 2-94 
 
 2-97 
 
 3- 
 
 6- 
 
 9- 
 
 
 4 
 
 3-S6 
 
 3-60 
 
 3-64 
 
 3-68 
 
 3-72 
 
 3-70 
 
 3-80 
 
 3-84 
 
 3-88 
 
 3-92 
 
 3-96 
 
 4- 
 
 8- 
 
 12- 
 
 
 5 
 
 4-45 
 
 4-50 
 
 4-55 
 
 4-00 
 
 4-65 
 
 4-70 
 
 4-75 
 
 4-80 
 
 4-85 
 
 4-90 
 
 4-95 
 
 5- 
 
 10- 
 
 IS- 
 
 
 6 
 
 5-34 
 
 5-40 
 
 5-46 
 
 5-52 
 
 5-58 
 
 5-64 
 
 5-70 
 
 5-76 
 
 5-82 
 
 5-88 
 
 5-94 
 
 6- 
 
 12- 
 
 IS- 
 
 
 7 
 
 6-23 
 
 6-30 
 
 6-37 
 
 6-44 
 
 6-51 
 
 6-58 
 
 6-65 
 
 6-72 
 
 6-79 
 
 6-86 
 
 6-93 
 
 7- 
 
 14- 
 
 21- 
 
 
 8 
 
 7-12 
 
 7-20 
 
 7-28 
 
 7-36 
 
 7-44 
 
 7-52 
 
 7-60 
 
 7-63 
 
 7-76 
 
 7-84 
 
 7-92 
 
 8- 
 
 16- 
 
 24- 
 
 
 9 
 
 8-01 
 
 8-10 
 
 8-19 
 
 8-28 
 
 8-37 
 
 8-46 
 
 8-55 
 
 8-64 
 
 8-73 
 
 8-82 
 
 8-ffl 
 
 9- 
 
 18- 
 
 27- 
 
 
 10 
 
 8-90 
 
 9-00 
 
 9-10 
 
 9-20 
 
 9-30 
 
 9-40 
 
 9-50 
 
 9-60 
 
 9-70 
 
 9-80 
 
 9-90 
 
 lo- 
 
 20- 
 
 30- 
 
 
 11 
 
 9-79 
 
 9-90 
 
 10-01 
 
 10-12:10-23 
 
 10-34|10-4S 
 
 10-56 
 
 10-67 
 
 10-78 
 
 10-89 
 
 ll- 
 
 22- 
 
 33- 
 
 
 12 
 
 10-68 
 
 10-80 
 
 10-92 
 
 ll-04'll-16 
 
 11-28:11-40 
 
 11-52 
 
 11-64 
 
 11-76 
 
 11-88 
 
 12- 
 
 24- 
 
 36- 
 
 
 13 
 
 11-57 
 
 11-70 
 
 11-83 
 
 11-96:12-09 
 
 12-2-j 12-35 
 
 12-4S 
 
 12-61 
 
 12-74 
 
 12-87 
 
 13- 
 
 26- 
 
 39- 
 
 
 14 
 
 12-46 12-00 
 
 12-74 
 
 12-8313-02 
 
 13-16 13-30113-44 
 
 13-58 
 
 13-72 
 
 13-86 
 
 14- 
 
 28- 
 
 43- 
 
 
 15 
 
 13-35 13-50 
 
 13-65 
 
 13-80113-95 
 
 14-10 14-25 
 
 14-40 
 
 14-55 
 
 14-70 
 
 14-85 
 
 15- 
 
 30- 
 
 45 
 
 
 16 
 
 14-24 14-40 
 
 14-55 
 
 14-72:14-88 
 
 15-04:15-20 
 
 15-36 
 
 15-5215-68 
 
 15-84 
 
 16- 
 
 32- 
 
 48- 
 
 
 17 
 
 15-13 15-30 
 
 15-47 
 
 15-64115-81 
 
 15-98:16-15 
 
 16-32 
 
 ]6-49:16-66 
 
 16-83 
 
 17- 
 
 34- 
 
 51 
 
 
 18 
 
 16-02!l6-20 
 
 16-38 
 
 16-56]16-74 
 
 16-92,17.10 
 
 17-28 
 
 17-46,17-641 17-82 
 
 18- 
 
 36- 
 
 54- 
 
 
 19 
 
 16-9117-10 
 
 17-29 
 
 17-4317-67 
 
 17-86 18-05 
 
 18-24 
 
 18-4318-62 
 
 18-81 
 
 19- 
 
 38- 
 
 57 
 
 
 20 
 
 17-8013-00 
 
 18-20 
 
 18-4018-60 
 
 18-80119-00 
 
 19-20 
 
 19-40,19-60 
 
 19-30 
 
 20- 
 
 40- 
 
 CO 
 
 
 21 
 
 18-69 18-90 
 
 19-11 
 
 19-32119-53 
 
 19-74|l9-95 
 
 20-16 
 
 20-37 20-58 
 
 20-79 
 
 21- , 42- 
 
 63 
 
 
 22 
 
 19-58;i9-80 
 
 20-02 
 
 20-24 20-46 
 
 20-68 20-90:21-12 
 
 21-34:2]-56 
 
 21-78 
 
 22-1 44- 
 
 66 
 
 
 23 
 
 20-47i20-70 
 
 20-03 
 
 21-16:21-39 
 
 21-62 21-35:22-08 
 
 22-31 22-54 
 
 22-77 
 
 23- 
 
 46- 
 
 69 
 
 
 24 
 
 21-36,21-60 
 
 21-84 
 
 22-0822-32 22-55 22-80;23-04 
 
 23-28 23-52 
 
 23-76 
 
 24- 
 
 48- 
 
 72 
 
 
 25 
 
 22-25122-50 
 
 22-75 
 
 23-00,23-25,23-50, 23-75^4-00 
 
 24-25 24-50 
 
 24-75 
 
 25- 
 
 50- 
 
 75 
 
 
 30 
 40 
 
 26-70,27-00 
 35-60 36-00 
 
 27-30 
 36-40 
 
 27-60 27-90 28-20 23-50:28-80 
 36-80:37-20 37-00 38-00 38-40 
 
 29-10 29-40 
 38-80139-20 
 
 29-70 
 39-60 
 
 30- 
 40- 
 
 60- 
 -80- 
 
 9C 
 120 
 
 
 50 
 60 
 
 44-5045-00 
 53-40 54-00 
 
 45-50 
 54-60 
 
 46-0D;46-50 47-00 47-50 48-00 
 55-20,55-80 56-40 57-00'57-60 
 
 48-50 49-00 
 53-20,58-80 
 
 49-50 
 59-40 
 
 50- 
 60- 
 
 100- 
 120- 
 
 150 
 ISO- 
 
 
 70 
 
 62-30,63-00 
 
 03-70 
 
 64-40;65-10|65-80 60-50-67-20 
 
 67-90 88-60 69-30 
 
 70- 
 
 140- 
 
 210- 
 
 
 80 
 
 71-20172-00 
 
 72-80 
 
 73-60 74-40:75-20 76-00 76-80 
 
 77-60,78-40 |79-20 
 
 80- 
 
 160- 
 
 240- 
 
 
 90 
 
 30-10;81-00 
 
 81-90 
 
 83-80 83-70 &4-60 85-50 86-40 
 
 87-30 88-20 89-10 
 
 90- 
 
 180- 
 
 270- 
 
 
 100 
 
 89-00 9000 Dl-on 
 
 92-00 93-00 04-00 95-00 96-00 
 
 97-00 98-00 99.00 
 
 100- 
 
 2M- 
 
 300- 
 
 
DECIMAL PARTS OF GAI*LONS & POUNDS. 
 
 121 
 
 DECIMAL TABLES. 
 
 Decimals equivcdent to the number of Gills or fractional parts of a Pint, 
 Q,uart, or Gallon, — See Gauging, EpitOTne of Mensuration, ^c. 
 
 [It is usual, except incaaea where the numher multiplied ia large, to drop all but the two 
 first figures in decimals.] 
 
 Deci- 
 mals. 
 
 S 
 
 s 
 
 i 
 
 Gallon. 
 
 Deci- 
 mals. 
 
 s 
 
 1 
 
 1 
 
 Gallon. 
 
 Decimals. 
 
 S 
 
 C3 
 
 1 
 
 Gallon. 
 
 
 a 
 
 1 
 
 
 Of 
 
 
 
 o 
 12 
 
 CM 
 
 3 
 
 a/ 
 U 
 
 
 
 23 
 
 1^ 
 
 51 
 
 
 
 .03125 
 
 1-32 
 
 .375 
 
 3-8 
 
 .71875 
 
 23-32 
 
 .0625 
 
 2 
 
 * 
 
 * 
 
 1-16 
 
 .40625 
 
 13 
 
 3* 
 
 If 
 
 13-32 
 
 .75 
 
 24 
 
 6 
 
 3-4 
 
 .09375 
 
 3 
 
 % 
 
 
 3-32 
 
 .4375 
 
 14 
 
 3h 
 
 IS 
 
 7-16 
 
 .78125 
 
 25 
 
 6^ 
 
 3J 
 
 25-32 
 
 .125 
 
 4 
 
 1 
 
 1^ 
 
 ■1-8 
 
 .46875 
 
 15 
 
 Si 
 
 n 
 
 15-32 
 
 .8125 
 
 26 
 
 6i 
 
 3+ 
 
 13-16 
 
 .15625 
 
 5 
 
 H 
 
 ^ 
 
 5-32 
 
 .5 
 
 16 
 
 4 
 
 2 
 
 1-2 
 
 .84375 
 
 27 
 
 6i 
 
 3§ 
 
 27-32 
 
 .1875 
 
 6 
 
 u 
 
 ^ 
 
 3-16 
 
 .53125 
 
 17 
 
 ^ 
 
 n 
 
 17-32 
 
 .875 
 
 28 
 
 7 
 
 3* 
 
 7-8 
 
 .21875 
 
 7 
 
 1* 
 
 * 
 
 7-32 
 
 .5625 
 
 18 
 
 4A 
 
 H 
 
 9-16 
 
 .90625 
 
 29 
 
 7^ 
 
 3* 
 
 29-32 
 
 .25 
 
 8 
 
 2 
 
 1 
 
 1-4 
 
 .59375 
 
 19 
 
 4| 
 
 ^ 
 
 19-32 
 
 .9375 
 
 30 
 
 7A 
 
 3^ 
 
 15-16 
 
 .28125 
 
 9 
 
 2i 
 
 li 
 
 9-32 
 
 .625 
 
 20 
 
 5 
 
 2* 
 
 5-8 
 
 .96875 
 
 31 
 
 n 
 
 3J 
 
 31-32 
 
 .3125 
 
 10 
 
 2* 
 
 M 
 
 5-16 
 
 .65625 
 
 21 
 
 H 
 
 2f 
 
 21-32 
 
 1.000 
 
 32 
 
 8 
 
 4 
 
 Igal 
 
 .34.375 
 
 11 
 
 2J 
 
 It 
 
 11-32 
 
 .6875 
 
 22 
 
 54 
 
 2| 
 
 11-16 
 
 
 
 
 
 
 APPLICATION. Required the gallons in any Cylindrical Vessel. Sup- 
 pose a vessel 9 1-2 inches deep, 9 inches diameter, and contents 2;6I63, 
 that is, 2 gallons and 61 hundredth parts of a gallon, now to ascertain this de- 
 cimal of a gallon refer to tlie above Table, iorthe decimal that Is nearest, 
 which is •625, opposite to which is 20 gills, 5 pints, and 2 1-2 queirts, either 
 being the amount of the decimal required, consequently the content of the 
 vessel is 2 gallons and 5 pints. 
 
 Decimals equivalent to the fractional parts of a Pound. — See Tables 
 of Metals, Weights and Measures, Sf-c. 
 
 .03125 
 
 4 oz. 
 
 .28125 
 
 44oz. 
 
 .53125 
 
 84oz. 
 
 .78125 
 
 12Joz. 
 
 .0.625 
 
 1 
 
 .3125 
 
 5 
 
 .5625 
 
 9 
 
 .8125 
 
 13 
 
 .09375 
 
 n 
 
 .34375 
 
 5* 
 
 .59375 
 
 94 
 
 .84375 
 
 134 
 
 .125 
 
 2 
 
 .375 
 
 6 
 
 .625 
 
 10 
 
 .875 
 
 14 
 
 .15625 
 
 24 
 
 .40625 
 
 6.^ 
 
 .65625 
 
 104 
 
 ,90625 
 
 144 
 
 .1875 
 
 3 
 
 .4375 
 
 7 
 
 .6875 
 
 11 
 
 .9375 
 
 15 
 
 .21875 
 
 3i 
 
 .46875 
 
 7* 
 
 .71875 
 
 114 
 
 .96875 
 
 154 
 
 .25 
 
 4 
 
 .5 
 
 8 
 
 .75 
 
 12 
 
 1.000 
 
 16 
 
 APPLICATION. Required the weight of one foot of Flat Bar Iron, 
 3-4 ths of an inch in thickness, and 1 7-8 ths inches breadth. Refer to the 
 Table of Flat Bar Iron, and you will find the weight of 1 foot of the above 
 dimensions, to be 4-696, that is, 4 pounds and 696 thousandth parts of a 
 pound ; and to ascertain this decimal in ounces, refer to the above Table 
 for the decimal that is nearest, and you will find it to be -6875, opposite to 
 which is 11 ounces, the weight of the decimal required, consequently the 
 weight of 1 foot length of the flat bar in question, will be 4 pounds 11 ounces 
 
 APPLICATION. Required the weight of Tire Bar Iron, 1-2 an inch 
 thick, and 1 5-8 ths of an inch broad, 16 feet long. 
 See Table of Bar Iron, where 1 foot length is 2-716 lbs., then 
 
 {or 43 lbs. 7i oz. being the mean between -437 ir -468). 
 
 2-716 X 16 = 43-456, 
 BMA 
 
 11 
 
122 
 
 DECIMAL PARTS. OF FEET AND INCHES. 
 
 APPLICATION. Required the weight of 35 Bars, Round Iron, 1 1-4 
 inch diameter, 12 feet long, each. 
 
 See Table of Round Iron, where 1 foot in length is 4-09 lbs., then 
 
 4-09 X 12 X 35 = 1717-60 (or 1717 lbs. 13 oz. leing the nearest equivalent). 
 
 APPLICATION. Required the weight of 64 Square Feet of Boiler 
 PJatelron, 3-16 thg of an inch thick. See Tables of weight and thickneSB 
 of Plate Iron, Copper, Brass and Lead. 
 
 As 1 Square Foot weighs 7-5 lbs., then 1-5 X 64 = 480-0 lbs. 
 
 APPLICATION. Required the weight of 22 Square, or superficial, 
 Feet of Sheet Iron, No. 9 Wire Gauge thickness. See Tables Sheet Iron, 
 Copper, and Brass, from No. 1 to No. 30 Wire Gauge thickness. 
 As 1 square foot weighs 6-24 lbs., then 
 
 6-24 X 22 = 137-28 (137 lbs. 4J 6z.) 
 
 Decimals equivaleitt to the fractional 'parts of an Inch when divided into 
 
 thirty-two parts ; likewise the Decimals equivalent to the fractional parts 
 
 of a Foot. 
 
 Decimals. 
 
 Parts of an " 
 Inch. 
 
 Decimals. 
 
 Farts of an 
 Inch. 
 
 Decimals. 
 
 Parts of 
 a Foot. 
 
 .03125 
 
 1-32 
 
 .53125 
 
 , & 1-32 
 
 .01041 
 
 i 
 
 .0625 
 
 116 
 
 .5625 
 
 . : & 1-16 
 
 .02083 
 
 i 
 
 .09375 
 
 3-32 
 
 .59375 
 
 ; & 3-32 
 
 .03125 
 
 1 
 
 .125 
 
 i 
 
 .625 
 
 ■'■ 
 
 .04166 
 
 h 
 
 .15625 
 
 i & 1-32 
 
 .65625 
 
 \ & 1-32 
 
 .05208 
 
 
 .1875 
 
 i & 1-16 
 
 .6875 
 
 1 & 1-16 
 
 .0625 
 
 1 
 
 .21875 
 
 J & 3-32 
 
 .71875 
 
 , 1 & 3-32 
 
 .07291 
 
 i 
 
 .25 
 
 i 
 
 .75 
 
 
 .0833 
 
 1 
 
 .28125 
 
 i & 1-32 
 
 .78125 
 
 i & 1-32 
 
 .1666 
 
 2 
 
 .3125 
 
 i & 1-16 
 
 .8125 
 
 1 & 1-16 
 
 .25 
 
 3 
 
 .34375 
 
 i & 3-32 
 
 .84375 
 
 i & 3-32 
 
 .3333 
 
 4 
 
 .375 
 
 1 
 
 .875 
 
 1 
 
 .4166 
 
 S 
 
 .40625 
 
 f & 1-32 
 
 .90625 
 
 J & 1-32 
 
 ; .5 
 
 6 
 
 .4375 
 
 g & 1-16 
 
 .9375 
 
 5 & 1-16 
 
 .5833 
 
 7 
 
 .46875 
 
 f & 3-32 
 
 .96875 
 
 J & 3-32 
 
 ; .6666 
 
 8 
 
 .5 
 
 4 
 
 1.000 
 
 1 inch. 
 
 .75 
 
 .8333 
 
 .9166 
 
 9 
 10 
 11 
 
 APPLICATION. 1. Required the number ofSquare Yards in a floor 
 whose length is 13^, and breadth 9| feet. 
 
 13-5 X 9-75 = 131-625 -=- 9 = 11-625 square yards. 
 
 2. Required the Area of a Fire Grate, under the boiler ofa Steam Engine, 
 whose length is 4 feet 7 inches, and width 3 feet 6 inches. 
 
 7 inches equal -5833 and 6 inches equal -5 {see table), then 
 4-5S33 X 3-5 = 16-04155 square feet. 
 
 3. Required the Area of the side of a square piece of Board, 8 3-16 in- 
 ches in length. 1-8 & 1-16 = 3-16 equal -1875 (see table), 
 
 8-1875 X 8-1875 = 67-03515625 square inches. 
 
 4. Required the Cubic Contents in Inches of a Plate 30k inches in length, 
 8 7-8 inches in breadth, and 5-8 inches thick. 
 
 30 50 X 8-S75 = 270-68750 X -625 = 169-17 + cubic inches. 
 
 5. — Required the Register Tonnage of a single decked vessel, length 
 101 feet and 9J inches, breadth 26 feet 3 inches, and depth 9 feet 2 inches, 
 Opposite 9 and 4 mch. is -75 and -04166, which added together equal -79166: 
 Then, 101-79166 — 3-5 of 26-25 X 26-25 x 9-1666 -;- 96 = 217-88-95lhs tons. 
 
WEIGHTS AND MEASURES. 
 
 1-23 
 
 TABLE OF EQUIVALENT PRICES TO COMMON 
 WEIGHTS AND MEASURES. 
 
 The following Table will be found convenient in calculating- the price or 
 pounds, feel, yards, gallons, &c. In the first division, a ion (or quantity of onb 
 article,) is divided into cwt., qr. and stone. If a ion (or articlCj) cost $2-80, 
 112 will cost 14 els. ; 28, 4 els. ; 14, 2 cts. In the second division, if l lb (or one 
 article,)costl-8ofact., onedoz. willcostl^cts. ;20, 2icts. ; 100, 12^ cts. ; 190, 
 15 cts.; 144, 18 cts. ; 1,000, ©1*25 : and the same may be reversed, viz : take ihe 
 figures at the foot of the right hand column, and it will be seen, that, if l.OOfl 
 lbs. (or 1,000 yards, feet, or gallons,) cost $200, a ton (or 2,240 articles,} wil. 
 cost S448. 
 
 Per ton 
 
 Cwt. 
 
 qr. 
 
 Sto. 
 
 lb. 
 
 Doz. Score Per 
 
 Per 
 
 Gross 
 
 Per 
 
 
 or 2240 
 
 or 112 
 
 oris 
 
 or 14 
 
 or 
 
 oris, or 20. 
 
 100 
 
 120 
 
 or 
 
 1000 
 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 1. 
 
 
 
 
 144 
 
 
 
 S CIS. 
 
 $ cts. 
 
 Sets 
 
 $ cts 
 
 cts. 
 
 i 
 
 $ cts. 
 
 $ cts. 
 
 $ cts. 
 
 $ cts. 
 
 $ cts 
 
 $ cts. 
 1-25 
 
 
 2-80 
 
 0-14 
 
 004 
 
 0-02 
 
 ■ 14 
 
 ■ 24 
 
 •124 
 
 •15 
 
 -18 
 
 
 5-60 
 
 0-28 
 
 0-07 
 
 0-04 
 
 
 ■ 3 
 
 ■ 5 
 
 -25 
 
 -30 
 
 -36 
 
 2-50 
 
 
 11-20 
 
 0-56 
 
 014 
 
 007 
 
 jl 
 
 ■ 6 
 
 -10 
 
 -50 
 
 •60 
 
 •72 
 
 5 00 
 
 
 16-80 
 
 0-84 
 
 0-21 
 
 0-11 
 
 1 
 
 • 9 
 
 -15 
 
 •"5 
 
 •90 
 
 1-08 
 
 7 50 
 
 
 22-40 
 
 112 
 
 0-28 
 
 0-14 
 
 1 
 
 -12 
 
 -20 
 
 100 
 
 1-20 
 
 1-44 
 
 10-00 
 
 
 33-60 
 
 1-68 
 
 0-42 
 
 0-21 
 
 li 
 
 -18 
 
 •30 
 
 1-50 
 
 1-80 
 
 2-16 
 
 15-00 
 
 
 44-80 
 
 2-24 
 
 0-56 
 
 0-28 
 
 2, 
 
 -24 
 
 -40 
 
 2-00 
 
 2-40 
 
 288 
 
 2000 
 
 
 5600 
 
 2-80 
 
 0-70 
 
 0-35 
 
 ^ 
 
 -30 
 
 -50 
 
 250 
 
 300 
 
 3-60 
 
 2500 
 
 
 67-20 
 
 3-36 
 
 0-84 
 
 0-42 
 
 3 
 
 •36 
 
 -60 
 
 3-00 
 
 3-60 
 
 4-32 
 
 30 00 
 
 
 78-40 
 
 3.92 
 
 0-98 
 
 0-49 
 
 34 
 
 -42 
 
 ■70 
 
 350 
 
 4 20 
 
 504 
 
 35 00 
 
 
 8960 
 
 4-48 
 
 1-12 
 
 0-56 
 
 4 
 
 -48 
 
 -80 
 
 400 
 
 4-80 
 
 5-76 
 
 4000 
 
 
 100-80 
 
 5-04 
 
 1-26 
 
 0-63 
 
 4* 
 
 ■54 
 
 -90 
 
 4-50 
 
 5-40 
 
 6 48 
 
 4500 
 
 
 112-00 
 
 5-60 
 
 1-40 
 
 0-70 
 
 5 
 
 ■60 
 
 1-00 
 
 5 00 
 
 600 
 
 7-20 
 
 50 00 
 
 
 123-20 
 
 616 
 
 1-54 
 
 0-77 
 
 54 
 
 -66 
 
 110 
 
 5-50 
 
 660 
 
 7-92 
 
 55 00 
 
 
 134-40 
 
 6-72 
 
 168 
 
 0-84 
 
 6 
 
 -72 
 
 1-20 
 
 600 
 
 7-20 
 
 864 
 
 60-00 
 
 
 145-60 
 
 7-28 
 
 1-82 
 
 0-91 
 
 64 
 
 -78 
 
 1 30 
 
 650 
 
 7-80 
 
 9-36 
 
 65-00 
 
 
 156-80 
 
 7-84 
 
 1-96 
 
 0-98 
 
 7 
 
 -84 
 
 1-40 
 
 7-00 
 
 8.40 
 
 1008 
 
 7000 
 
 
 16800 
 
 8-40 
 
 210 
 
 1-05 
 
 74 
 
 •90 
 
 1-50 
 
 7-50 
 
 900 
 
 10 80 
 
 75(10 
 
 
 179-20 
 
 S'96 
 
 2-24 
 
 1-12 
 
 8 
 
 -96 
 
 1-60 
 
 800 
 
 960 
 
 1152 
 
 8000 
 
 
 190-40 
 
 9-52 
 
 2-38 
 
 119 
 
 84 
 
 1-02 
 
 170 
 
 8 50 
 
 10-20 
 
 12 24 
 
 85-00 
 
 
 20160 
 
 10-80 
 
 2-52 
 
 126 
 
 9 
 
 108 
 
 1-80 
 
 900 
 
 10-80 
 
 12-96 
 
 90-00 
 
 
 212-80 
 
 1064 
 
 2-66 
 
 1-33 
 
 94 
 
 1-14 
 
 1-90 
 
 9-50 
 
 11-40 
 
 13-68 
 
 9500 
 
 
 22400 
 
 1120 
 
 2-80 
 
 1-40 
 
 10 
 
 120 
 
 2 00 
 
 1000 
 
 1200 
 
 14-40 
 
 10000 
 
 
 235-20 
 
 11-76 
 
 2-94 
 
 1-47 
 
 104 
 
 1-26 
 
 2-10 
 
 10-50 
 
 12-60 
 
 15-12 
 
 10500 
 
 
 2^640 
 
 12-32 
 
 308 
 
 1-54 
 
 11 
 
 1-32 
 
 2-20 
 
 1100 
 
 1320 
 
 15-84 
 
 110 00 
 
 257-60 
 
 12 88 
 
 3-22 
 
 1-61 
 
 114 
 
 138 
 
 2-30 
 
 1150 
 
 13 80 
 
 16.56 
 
 115 00 
 
 
 268-80 
 
 13-44 
 
 336 
 
 168 
 
 )2 
 
 1-44 
 
 2-40 
 
 12-00 
 
 14-40 
 
 17.28 
 
 120-00 
 
 
 280-00 
 
 14-00 
 
 3 50 
 
 1-75 
 
 124 
 
 1-50 
 
 2-50 
 
 12-50 
 
 1500 
 
 18 00 
 
 12500 
 
 
 291-20 
 
 14-56 
 
 364 
 
 1-82 
 
 13 
 
 1-56 
 
 2-60 
 
 13-00 
 
 15-60 
 
 18-72 
 
 13000 
 
 
 313-60 
 
 1568 
 
 3-92 
 
 1-96 
 
 14 
 
 1-68 
 
 2-80 
 
 14-00 
 
 16-80 
 
 20-16 
 
 14000 
 
 
 33600 
 
 16-80 
 
 4-20 
 
 2 10 
 
 15 
 
 1-80 
 
 300 
 
 1500 
 
 18-00 
 
 21-60 
 
 15000 
 
 
 358-40 
 
 17-92 
 
 4 48 
 
 2-24 
 
 16 
 
 192 
 
 3-20 
 
 1600 
 
 19-20 
 
 2304 
 
 16000 
 
 
 380-80 
 
 1904 
 
 4-76 
 
 2-38 
 
 17 
 
 2-04 
 
 340 
 
 17-00 
 
 20-40 
 
 24 48 
 
 170 00 
 
 
 403-20 
 
 20-16 
 
 504 
 
 2-52 
 
 18 
 
 2-16 
 
 3-60 
 
 1800 
 
 2160 
 
 25 92 
 
 180-00 
 
 
 425-60 
 
 21-28 
 
 332 
 
 2-66 
 
 19 
 
 2-28 
 
 3-80 
 
 1900 
 
 22 80 
 
 27 36 
 
 190-00 
 
 
 1 448-00 
 
 22-40 
 
 5-60 
 
 2-80 
 
 20 
 
 2-40 
 
 400 |20fl0 
 
 2400 
 
 28-80 
 
 200.00 
 
 
124 
 
 WEIGHT AND THICKNESS OF HOOP IRON. 
 
 WEIGHT OF A TEN FEET LENGTH OF HOOP IRON, AND 
 ITS THICKNESS ON THE WIRE GUAGE. 
 
 Nu. 1 Wire Guage is ^ths of an inch ,• 4 w -J- ; 7 is y^^- ; 11 is ^ ; 13 
 is -jJ^ ; 15 is Jj ; 16 is ^-^ ; 17 is ^-g ; 19 is ^j ; 21 js -^j 22 is ^. 
 
 Width thick, thick. 
 
 thick, thick. 
 
 thick, thick, thick. 
 
 thick, ithick. ! thick, thick, thick, ithick 
 
 Iron. 
 
 No.fi. 
 
 No. 7. 
 
 Ko. 8. 
 
 No. 9. 
 
 No. 10, No. 11 
 
 No. 12 
 lbs. 
 
 No. 13 
 lbs. 
 
 No.l4'No.l6,No.l6,No.ir|No]S 
 
 Ins. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. 
 
 lbs. lbs. 
 
 X 
 
 5-07 
 
 4-68 
 
 4-28 
 
 3-90 
 
 3-51 
 
 3-12 
 
 2-73 
 
 2-34 
 
 1-95 
 
 1-76 
 
 1-50 
 
 1-36 1-16 
 
 % 
 
 5-90 
 
 5-45 
 
 4-97 
 
 4-55 
 
 4-07 
 
 3-62 
 
 3-17 
 
 2-70 
 
 2-27 
 
 2-05 
 
 1-80 
 
 1-571 1-35 
 
 1 
 
 6-76 
 
 6-25 
 
 5-71 
 
 5-20 
 
 4-68 
 
 4-16 
 
 3-65 
 
 3-12 
 
 2-60 
 
 2-35 
 
 2-08 
 
 1-81 
 
 1-55 
 
 IX 
 
 7-60 
 
 7-02 
 
 6-42 
 
 5-85 
 
 5-26 
 
 4-68 
 
 4-10 
 
 3-Sl 
 
 2-92 
 
 2-62 
 
 2-34 
 
 2-04 
 
 1-75 
 
 ^X 
 
 S'-IS 
 
 7-81 
 
 7-14 
 
 6-50 
 
 5-85 
 
 5-21 
 
 4-56 
 
 3-90 
 
 3-25 
 
 2-93 
 
 2-60 
 
 2-27 
 
 1-93 
 
 w. 
 
 0-30 
 
 8-59 
 
 7-60 
 
 7-15 
 
 6-43 
 
 5-73 
 
 5-01 
 
 4-29 
 
 3-57 
 
 3-23 
 
 2-86 
 
 2-49 
 
 2-13 
 
 1!4 
 
 10-15 
 
 9-37 
 
 8-57 
 
 7-80 
 
 7-02 
 
 6-25 
 
 5-47 
 
 4-68 
 
 3-90 
 
 3-.52 
 
 3-12 
 
 2-72 
 
 2-32 
 
 i% 
 
 10-95 
 
 10-15 
 
 9-25 
 
 8-45 
 
 7-55 
 
 6-75 
 
 5-00 
 
 5-05 
 
 4-20 
 
 3-80 
 
 3-35 
 
 2-9U 
 
 2-.50 
 
 IX 
 
 11-80 
 
 10-90 
 
 9-95 
 
 9-10 
 
 8-15 
 
 7-25 
 
 6-35 
 
 5-40 
 
 4-55 
 
 4-10 
 
 3-60 
 
 3-15 
 
 2-70 
 
 1% 
 
 12-65 
 
 11-65 
 
 10-65 
 
 9-75 
 
 S-75 
 
 7-75 
 
 6-80 
 
 5-80 
 
 4-85 
 
 4-35 
 
 3-85 
 
 3-35 
 
 2-90 
 
 2 
 
 13-53 
 
 12-50 
 
 11-43 
 
 10-40 
 
 9-36 
 
 8-33 
 
 7-30 
 
 6-25 
 
 5-20 
 
 4-70 
 
 4-16 
 
 3-03 
 
 310 
 
 2J< 
 
 14-37 
 
 13-27 
 
 12-14 
 
 11-05 
 
 9-95 
 
 8-85 
 
 7-75 
 
 6-64 
 
 5-52 
 
 4-97 
 
 4-42 
 
 3-85 
 
 3-30 
 
 2>i 
 
 15-21 
 
 14.05 
 
 12-85 
 
 11-70 
 
 10-53 
 
 9-37 
 
 S-20 
 
 7-03 
 
 5-85 
 
 5-25 
 
 1-68 
 
 4-08 
 
 3 50 
 
 2:Y 
 
 lfi-07 
 
 14-S4 
 
 13-32 
 
 12-35 
 
 11-11 
 
 9-89 
 
 8-66 
 
 7-42 
 
 6-17 
 
 5-58 
 
 4-31 
 
 3-68 
 
 2>^ 
 
 10-90 
 
 15-62 
 
 14-28 
 
 IS- 
 
 11-71 
 
 10-42 
 
 9-12 
 
 7-81 
 
 6-50 
 
 6-87 
 
 5-20 
 
 4-54 
 
 3-87 
 
 25i 
 
 17-75 
 
 16-40 
 
 14-75 
 
 IS- 65 
 
 12-28 
 
 10-93 
 
 9-68 
 
 8-19 
 
 6-82 
 
 6-15 
 
 5-45 
 
 4-75 
 
 4-0.'; 
 
 2% 
 
 18-61 
 
 17-18 
 
 15-21 
 
 14-30 
 
 12-87 
 
 11-46 
 
 10-03 
 
 8-59 
 
 7-15 
 
 0-46 
 
 5-72 
 
 4-99 4-26 
 
 2% 
 
 19-45 
 
 17-96 
 
 16-18 
 
 14-95 
 
 13-46 
 
 11-98 
 
 10-49 
 
 8-98 
 
 7-47 
 
 6-75 
 
 5-98 
 
 5-22 4-45 
 
 3 
 
 20-30 
 
 18-75 
 
 17-15 
 
 15-60 
 
 14-05 
 
 12-50 
 
 10-95 
 
 9-37 
 
 7-80 
 
 7-05 
 
 6-25 
 
 5-45 4-65 
 
 3« 
 
 21-90 
 
 20-30 
 
 18-50 
 
 16-90 
 
 15-10 
 
 13-50 
 
 11-80 
 
 10-10 
 
 8-40 
 
 7-60 
 
 6-70 
 
 5-80 5- 
 
 3« 
 
 23-60 31-SO 
 
 19-90 18-20 
 
 16-30 
 
 14-50 
 
 12-70 
 
 10-80 
 
 9-10 
 
 8-20 
 
 7-20 
 
 6-30 
 
 5-40 
 
 3% 
 
 25-30 23-30 
 
 21-30 19-50 
 
 17-50 
 
 15-50 
 
 13-60 
 
 11-60 
 
 9-70 
 
 8-70 
 
 7-70 
 
 6-70 
 
 5-30 
 
 4 
 
 27-07,25- 
 
 23-86 20-80 
 
 18-73 
 
 16-67 
 
 14-60 
 
 12-50 
 
 10-40 
 
 9-40 
 
 8-33 
 
 7-26 
 
 6-20 
 
 iH 
 
 S8-75 80-55 
 
 24-28 23-10 
 
 19-90 
 
 17-70 
 
 15-50 
 
 13-28 
 
 1105 
 
 9-95 
 
 8-84 
 
 7-70 
 
 6-60 
 
 iK 
 
 30-43 
 
 28-10 
 
 25-7123-40 
 
 21-07 
 
 18-75 
 
 16-40 
 
 14-06 
 
 11-70 
 
 10-50 
 
 9-36 
 
 8-17 
 
 
 iX 
 
 32-14 
 
 29-68 
 
 26-64124-70 
 
 22-23 19-79 
 
 17-33 
 
 14-84 
 
 12-35 
 
 11-16 
 
 9-88 
 
 8-62 
 
 7-36 
 
 5 
 
 33-80 
 
 31-25 
 
 28-57,26- 
 
 23-42 20-84 
 
 18-25 
 
 15-63 
 
 13- 
 
 11-75 
 
 10-41 
 
 9-08 
 
 7-75 
 
 S'A 
 
 35-50 
 
 32-81 
 
 29-50 27-30 
 
 24-56:21-86 
 
 19-16 
 
 16-38 
 
 13-65,12-31 
 
 10-91 
 
 9-51 
 
 8-11 
 
 5« 
 
 37-22 
 
 34-37 
 
 30-43 28-60 
 
 25-75 22-92 
 
 20-07 
 
 17-18 
 
 14-30J12-92 
 
 11-45 
 
 9-98 
 
 S-92 
 
 5Ji 
 
 38-91 35-93 
 
 32-36 29-90 
 
 26-92,23-96 20-98 
 
 17-961 
 
 14-95 13-51 
 
 11-97 
 
 [0-44 S-OI 
 
 6 
 
 40-60,37-50 34-30 31-201 
 
 28-10,25- 121-90 1 
 
 18-75, 
 
 15-60 
 
 14-10! 
 
 12-50 
 
 10-90J 
 
 9-30 
 
 Hoop Iron % broad, No. 21, -685 lbs. ; X, No. 20, -885 lbs. ; X, No. 19, 1-24 lbs. 
 Regtjlaii Sizes Cooper Hoops. 
 
 Width, Guage. 
 
 Width. 
 
 U 13-6, lj,15-8inch 
 
 l|, 1 7-8, 2, 2 1-8, 25, 2 3-8, inch. . 
 
 I Guage. 
 
 2i, 2 5-S,2|, 2 7-8, 3 inches,, 
 
 3|, 3*. 3 3-4inphfis 
 
 4 inc 
 
 No. 16 
 15 
 14 
 13 
 18 
 
 Barrel Hoops, ] , 1 1-16, 1% m. wide, Nos. 16 to 18 Wire Guage, cm 4 lo 6 ft. lonff. 
 Puncheon Hoops, 1}, and 1% in. ■j'ide, 8 ft., 8 ft. 6 in. to 9 ft. iSng ; Nos. 15 and 16 
 Bull Hoops, U, ]%, 3, and SJ inches broad, 10 lo 12 feet long. [Wire Guage. 
 Vat Hoops, 3 to 4 inches oroad, Nos. 8, 9, 10, and 11 W. Guige, 20 lo 30 ft. loSg. 
 Mast Hoops 3 lo 6 inches broad, 3-16 lo i inch thick, 12 lo 20 feet long. 
 Mill- Slone Hoops. 5 lo 6 inches broad, ^fos. 10 and 11 Wire Gua^e. 
 Coach and Nave Hoops IJ to 3 inches broad, 1-8 to 3-16 inclies Ihick. 
 Clog Hoops, J to li inch wide, Nos. 11 to 14 Wire Guase 
 Chain Hoops, J to J inch -wide. No. 10 Wire Guage. 
 
 Weight OP Flat Bar Iron {see table) for Tire Bars, &c., from i lo 1 inch 
 thick, and from 1 to 6 inches wide. 
 
 See Mensuration for Rule for determining the length of Iron in an imbent 
 stale in forming a hoop or ring. 
 
THIRTY YEARS* ALMANAC. 
 
 125 
 
 AN ALMANAC FOR THIRTY YEARS. 
 
 SHOWING THE DAY OF THE WEEK ANB MONTH IN ANY 
 YEAR FROM 1851 TO 1880. 
 
 Example. — To ascertain the day of the week corresponding" to December 
 25j 1855, look in the Table of Years for 1855, opposite which will be found 
 the letter G, (termed the Dominical letter); then look in the Table of 
 Months, opposite December, for the same letter (G), and underneath the 
 column containing it will be found the Calendar for December 1855, which 
 shows December 25 to be Tuesday. When the Calendar for tlie Month is 
 found, any other Day of the Week or Month can easily be ascertained. 
 
 A note is made payable at six months from June 4th^ 1855, on what 
 month and day of the month will it fall due ? Answer — Friday, December 
 7, grace included. 
 
 It will be observed that there are two letters opposite the Leap Years. 
 The first letter is used for January and February, the second for the other 
 Months. 
 
 Months. 
 
 
 
 
 
 
 
 
 January 
 
 A. 
 
 B. 
 
 C. 
 
 D. 
 
 E. 
 
 F. 
 
 G. 
 
 February,... 
 
 D, 
 
 E. 
 
 F. 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 March, 
 
 D. 
 
 E. 
 
 F. 
 
 G. 
 
 A. 
 
 B, 
 
 C. 
 
 April, 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 D. 
 
 E. 
 
 F. 
 
 May, 
 
 June, 
 
 B. 
 
 C. 
 
 D. 
 
 E. 
 
 F. 
 
 G. 
 
 A. 
 
 E. 
 
 F. 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 D. 
 
 July, 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 D.- 
 
 E. 
 
 F. 
 
 August, 
 
 C. 
 
 D. 
 
 E. 
 
 F. 
 
 G. 
 
 A. 
 
 B. 
 
 September,.. 
 
 F. 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 D. 
 
 E. 
 
 October, .... 
 
 A. 
 
 B. 
 
 C. 
 
 D. 
 
 E. 
 
 F. 
 
 G. 
 
 November,.. 
 
 D. 
 
 E. 
 
 F. 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 December,.. 
 
 _F. 
 
 G. 
 
 A. 
 
 B. 
 
 C. 
 
 D. 
 
 E. 
 
 Tears. 
 
 1 
 
 S. 
 
 1 
 
 Sa. 
 
 1 
 
 Fr. 
 
 1 
 
 Th. 
 
 1 
 
 W. 
 
 1 
 
 Tu. 
 
 1 
 
 Jft. 
 
 ISSl E. 
 
 2 
 
 M. 
 
 2 
 
 S. 
 
 2 
 
 Sa. 
 
 2 
 
 Fr. 
 
 2 
 
 Th. 
 
 2 
 
 W. 
 
 2 
 
 Tu. 
 
 1852 D. C. 
 
 3 
 
 Tu. 
 
 3 
 
 M. 
 
 3 
 
 S. 
 
 3 
 
 Sa. 
 
 3 
 
 Fr. 
 
 3 
 
 Th. 
 
 3 
 
 W. 
 
 1853 B. 
 
 4 
 
 W. 
 
 4 
 
 Tu. 
 
 4 
 
 M. 
 
 4 
 
 S. 
 
 4 
 
 Sa. 
 
 4 
 
 Fr. 
 
 4 
 
 Th. 
 
 1854 A. 
 
 5 
 
 Th. 
 
 5 
 
 W. 
 
 5 
 
 Tu. 
 
 6 
 
 M. 
 
 5 
 
 S. 
 
 5 
 
 Sa. 
 
 5 
 
 Fr. 
 
 1355 G. 
 
 6 
 
 Fr. 
 
 6 
 
 Th. 
 
 6 
 
 W. 
 
 6 
 
 Tu. 
 
 6 
 
 M. 
 
 6 
 
 S. 
 
 6 
 
 Sa. 
 
 1856 F. E. 
 
 7 
 
 Sa. 
 
 7 
 
 Fr. 
 
 7 
 
 Th. 
 
 7 W. 
 
 7 
 
 Tu. 
 
 7 
 
 M. 
 
 7 
 
 S. 
 
 1857 D. 
 
 8 
 
 S. 
 
 8 
 
 Sa. 
 
 8 
 
 Fr. 
 
 8 
 
 Th. 
 
 8 
 
 W. 
 
 8 
 
 Tu. 
 
 8 
 
 M. 
 
 1958 C. 
 
 9 
 
 M. 
 
 9 
 
 S. 
 
 9 
 
 Sa. 
 
 9 
 
 Fr. 
 
 9 
 
 Th. 
 
 9 
 
 W. 
 
 9 
 
 Tu. 
 
 1850 B. 
 
 10 
 
 Tu. 
 
 10 
 
 M. 
 
 10 
 
 S. 
 
 10 
 
 Sa. 
 
 10 
 
 Fr. 
 
 10 
 
 Th. 
 
 10 
 
 W. 
 
 1860 A. G. 
 
 11 
 
 W. 
 
 H 
 
 Tu. 
 
 11 
 
 M. 
 
 11 
 
 S. 
 
 11 
 
 Sa. 
 
 11 
 
 Fr. 
 
 11 
 
 Th. 
 
 1861 F. 
 
 12 
 
 Th. 
 
 12 
 
 W. 
 
 13 
 
 Tu. 
 
 12 
 
 M. 
 
 13 
 
 S. 
 
 12 
 
 Sa. 
 
 12 
 
 Fr. 
 
 1863 E. 
 
 13 
 
 Fr. 
 
 13 
 
 Th. 
 
 13 
 
 W. 
 
 13 
 
 Tu. 
 
 13 
 
 M. 
 
 13 
 
 S. 
 
 13 
 
 Sa. 
 
 1863 D. 
 
 14 
 
 Sa 
 
 14 
 
 Fr. 
 
 14 
 
 Th. 
 
 14 
 
 W. 
 
 14 
 
 Tu. 
 
 14 
 
 M. 
 
 14 
 
 S. 
 
 1864 C.B. 
 
 15 
 
 S. 
 
 15 
 
 Sa. 
 
 15 
 
 Fr. 
 
 15 
 
 Th. 
 
 15 
 
 W. 
 
 15 
 
 Tu. 
 
 15 
 
 M. 
 
 1865 A. 
 
 16 
 
 M. 
 
 16 
 
 S. 
 
 16 
 
 Sa. 
 
 16 
 
 Fr. 
 
 16 
 
 Th, 
 
 16 
 
 W. 
 
 16 
 
 Tu. 
 
 1868 G. 
 
 17 
 
 Tu. 
 
 17 
 
 M. 
 
 17 
 
 S. 
 
 16 
 
 Sa. 
 
 17 
 
 Fr. 
 
 17 
 
 Th. 
 
 17 
 
 W. 
 
 1867 F. 
 
 18 
 
 W. 
 
 18 
 
 Tu. 
 
 18 
 
 M. 
 
 18 
 
 S. 
 
 18 
 
 Sa. 
 
 18 
 
 Fr. 
 
 18 
 
 Th. 
 
 1868 E.D. 
 
 19 
 
 Th. 
 
 19 
 
 W. 
 
 19 
 
 Tu. 
 
 19 
 
 M. 
 
 19 
 
 S. 
 
 19 
 
 Sa. 
 
 19 
 
 Fr. 
 
 1869 C. 
 
 20 
 
 Fr. 
 
 20 
 
 Th. 
 
 20 
 
 W. 
 
 20 
 
 Tu. 
 
 20 
 
 M. 
 
 20 
 
 S. 
 
 20 
 
 Sa. 
 
 1870 B. 
 
 21 
 
 Sa. 
 
 21 
 
 Fr. 
 
 21 
 
 Th. 
 
 21 
 
 W. 
 
 81 
 
 Tu 
 
 21 
 
 M. 
 
 21 
 
 S. 
 
 1871 A. 
 
 23 
 
 S. 
 
 22 
 
 Sa. 
 
 22 
 
 Fr. 
 
 22 
 
 Th. 
 
 22 
 
 W. 
 
 22 
 
 Tu. 
 
 22 
 
 M. 
 
 1872 G. F. 
 
 23 
 
 M. 
 
 23 
 
 S. 
 
 23 
 
 Sa. 
 
 23 
 
 Fr. 
 
 23 
 
 Th. 
 
 23 
 
 W. 
 
 23 
 
 Tu. 
 
 1873 E. 
 
 24 
 
 Tu. 
 
 24 
 
 M. 
 
 24 
 
 S. 
 
 24 
 
 Sa. 
 
 24 
 
 Fr. 
 
 24 
 
 Th. 
 
 24 
 
 W. 
 
 1874 D. 
 
 25 
 
 W. 
 
 25 
 
 Tu. 
 
 25 
 
 M. 
 
 25 
 
 S. 
 
 25 
 
 Sa. 
 
 25 
 
 Fr. 
 
 25 
 
 Th. 
 
 1875 C. 
 
 26 
 
 Th. 
 
 26 
 
 W. 
 
 26 
 
 Tu. 
 
 36 
 
 M. 
 
 26 
 
 S. 
 
 26 
 
 Sa. 
 
 26 
 
 Fr. 
 
 1S76 B. A. 
 
 27 
 
 Fr. 
 
 27 
 
 Th. 
 
 27 
 
 W. 
 
 27 
 
 Tu. 
 
 27 
 
 M. 
 
 27 
 
 S. 
 
 27 
 
 Sa. 
 
 1877 G. 
 
 28 
 
 Sa. 
 
 28 
 
 Fr. 
 
 28 
 
 Th. 
 
 28 
 
 W. 
 
 28 
 
 Ta. 
 
 28 
 
 M. 
 
 28 
 
 S. 
 
 1878 F. 
 
 29 
 
 S. 
 
 29 
 
 Sa. 
 
 29 
 
 Fr. 
 
 29 
 
 Th. 
 
 29 
 
 W. 
 
 29 
 
 Tu. 
 
 29 
 
 M. 
 
 1879 E. 
 
 30 M. 
 
 30 
 
 S. 
 
 30 
 
 Sa. 
 
 30 
 
 Fr. 
 
 30 
 
 Th. 
 
 30 
 
 W. 
 
 30 
 
 Tu. 
 
 1880 D. C. 
 
 31 Tu. 
 
 31 
 
 M. 
 
 31 
 
 S. 
 
 31 1 Sa. 1 
 
 31 
 
 Fr. 
 
 31 
 
 Th. 31 
 
 w. 1 
 
 BMA 
 
 11* 
 
126 PRACTICAL SYSTEM OF BOOK-KEEPING. 
 
 BOOK-KEEPINQ. 
 
 The first Book is the DAY BOOK. It commences with an inventory of the 
 Tradesman's effects, viz. his Cash, Merchandise^ Real Estate. Notes, and obti^ 
 eations payable to him, and sums due him, &c , and also all the Debts due by 
 him to others, on Notes, Book Accounts, ^c. This book contains the entry of 
 every transaction made at the time it occurs, in plain and concise language. 
 The Day Book should be kept with great care and accuracy, for it contains 
 the orio-inal entries, and is the only book received as evidence in litigated cases. 
 It should be regularly paged throughout. When an entry is made m the Day 
 Book which is settled by cash before it is posted in the Leger, thepostmg may 
 be omitted, and " Paid" written against the charge, and the amount immedi- 
 ately entered in the Cash Book. If a person resides in another town, the 
 name of his residence should be mentioned in the Day-Book. 
 
 ThesecondBook is the LEGER, which is the principal Book, into which 
 the entries from the Day Book are so posted under Br. and Or., that the 
 amount ofeach account is immediately apparent. The Le»er should he reg- 
 ularly paged throughout, and should contain an alphabetical list of the names 
 of perspns with v^om accounts are opened, with the number of the folio on 
 which they can be found. The requisite number of pages, at the beginning of 
 the Leger, can be appropriated for this Index. Merchants, doing a large bu- 
 siness,1feep their books by double entry ; but the retailer, from the smalhiess 
 of his sales, seldom does so. He may, however, find it convenient to open 
 the following accounts : 
 
 Stock— Is made Dr. for the amount you owe, and O. for your effects. 
 
 Cash — Is Dr. for all money received, and Cr. for all paid out. 
 
 Notes Receivable — Are Dr. for notes received, and Cr. for all disposed of. 
 
 Notes Payable— Are Dr. for all notes paid or taken up that you have 
 given, and Cr. for all you give. 
 
 Interest— Is Dr for amounts allowed on discounts, accounts current, and 
 interest on notes payable, and Cr. for balances of interest in your favor. 
 
 Expense.— This account is Dr. for all charges, such as workmen, laborers, 
 freight, truckage, postage, rent, &c. 
 
 PROFIT AND Loss— Is Dr. for all charges and losses, and Cr. for all gains. 
 
 These accounts should be opened in the Leger in the same manner as with 
 individuals, the Dr. always being on the left hand, and the Cr. on the right. 
 
 Correction of Errors. — If the entry of an article be omitted in the Day 
 Book, enter it in the next vacant place, writing the word "omt»ed" If a 
 wrong name be entered draw a line underneath, and write the right name 
 above. If an error be made in an account, write the word " error" against it, 
 (omitting to post,) and make a correct entry. 
 
 In the Leger, if an item has been posted to a wrong account, post on the 
 opposite side, " By or To Error," and mark both by a star ; — when posted on 
 the wrong side of an account balance it by posting " To or By Error" on the 
 opposite, and then post it on the right side. Erasures should not be made. 
 
 An Account Currently, a transcript from both sides of a Leger, with the par- 
 ticular dates and explanations from the original entries. 
 
 The third Book is the CASH BOOK, in which the daily receipts and pay- 
 ments of money are recorded, with the date and other particulars. The ac- 
 count should be balanced monthly, or at shorter intervals, and the totals may 
 be transferred to Dr. and Cr. of the Leger. — See Cash Book. 
 
 Note. — Retailers allow the money received during the day to remain until 
 evening, then count it, and enter it in the Cash Book, as the amount of sales 
 for the day. Some Retailers enter on a slate all cash received during the day 
 from sales and enter it in the Cash Book in the evening. 
 
 Persons .whose business is too limited to require a set of books, usually 
 keep hut one. This book may be ruled like the Leger ; but the charges should 
 be entered in full as in (he Day-Book, sufficient room being left to note down 
 the name, quality, price, &c., of the articles. 
 
 When you give an Order, charge the man to whom it is given, and credit the 
 man on whom it is drawn, without wailing to know if he accepts it. 
 
 Whenever a Bill is settled by Cash, or otherwise, date it on the day it is 
 paid, or settled. 
 
 When you pay a person either in part or in full, always take a receipt. 
 
DAY BOOK. 
 
 127 
 
 DAY BOOK. 
 
 Boston, October 1, 1857. 
 
 Pail]. 
 
 Enter in 
 
 Cash 
 
 Book. 
 
 Paid. 
 C. J3. 
 
 Inventory of Effects on commencing business: — 
 
 By cash on hand, $300 00 
 
 " Merchandise in store, 200 00 
 
 I am indebied- 
 
 To . 
 
 Net Capital, . 
 
 H. Long & Beotheb, New Yorlt, Dr. 
 
 To a Law Libraries, '. a $1.25, 
 
 " 2 Laws of the sea, " .25, 
 
 " 6 Business Man's Assistant, " .17, 
 
 " 6 Law of Debtor and Creditor, " .17, 
 
 " 3 Landlord's and Tenant's Assistant, " .20, 
 
 " 1 Shipper's and Carrier's 'do., 
 
 3 
 
 2 50 
 
 50 
 
 1 02 
 
 1 02 
 
 60 
 
 25 
 
 John Smith, 
 
 To 1 ps. bleached Sheeting, 32 yds. 
 
 *' 4 Linen Cambric Hdkfs., 
 
 '^ 6 vds. blue Cassimeres, 
 
 " 12 ■• Calico, 4 
 
 " 4 pairs Footings, 4 
 
 4 
 
 a S0.07, 
 " .60, 
 " 2.00, 
 " .20, 
 " .25, 
 
 Dr. 
 2 Si 
 2 00 
 
 12 00 
 2 40 
 1 CO 
 
 Parker & Hall, Cr. 
 
 By 1 bbl. brown Havana Sugar,, .net 240 lbs. a $0.05, 12 00 
 
 " 1 bag Cuba Coffee, "100 " " .09, 9 00 
 
 " 1 chest Ningyong Tea, " 62 " " .25, 15 50 
 
 " 1 bbl. Sperm Oil, " 32 gals. " 1.00, 32 00 
 
 5 
 
 H. Long & Brother, New York, 
 By Cash on account, 
 
 6 
 
 Or. 
 
 H. LoNs & Brother, New York, Dr. 
 
 To 6 Law Cabinets, a $1.00, 6 00 
 
 " 10 reams Printing Paper, " 4.00, 40 00 
 
 " 4 Shipmaster's and Seaman's Assistant, " .62g, 2 50 
 
 7 
 
 Parker & Hall, 
 To Cash on account. 
 
 Dr. 
 
 Sold I. R. Butts, for Cash, 
 
 4 Linen Cambric Hdkfs., a S0.50, 2 00 
 
 2 pr. Lisle Gloves " -25, 60 
 
 19 yds. Carpeting " 1.00, 19 00 
 
 9 
 
 Bot. of Charles Chase, for Cash, 
 Mdse.,as per Bill, 
 
 15 — 
 
 H. Loses & Brother, 
 By their note at 60 days in full on settlement, 
 
 20 
 
 &. 
 
 Parker & Hall, Dr. 
 To my note at 30 days from dale in full on settlement 
 
 . 21 
 
 John S.mitii, 
 By Cash on account,. 
 
 Cr. 
 
128 
 
 LEGER, CASH BOOK, TRIAL BALANCE. 
 
 Sr. 
 
 LEGER. 
 H. Long & Brother. 
 
 [3] 
 
 a. 
 
 1S67. 
 
 Ocl. 2 
 
 " 6 
 
 ToMdse., 
 
 To Balance, 
 
 p. 
 1 
 
 1 
 
 5 
 
 48 
 "54 
 
 "60 
 
 89 
 50 
 
 39 
 "39 
 
 1857. 
 
 Oct. 5 
 
 " 15 
 
 By cash, 
 
 '' balance, .... 
 
 By Note, 
 
 2 
 
 4 
 SO 
 
 54 
 "50 
 
 00 
 39 
 
 
 
 39 
 
 Oct. 15 
 
 Oct. 15 
 
 39 
 
 John Smith. 
 
 1857. 
 Oct. 3 To Mdse.,. 
 
 1857. 
 Oct. 21 By Cash, 
 
 2 10 00 
 
 
 Parker & Hall. 
 
 1857. 
 
 Oct. 7 
 
 " 20 
 
 To Cash, ... 
 " Balance, . 
 
 Oct. 20 To my Note, . 
 
 1857. I 
 Oct. 4 By Mdse.,. 
 
 Oct 20 By Balance, 
 
 57 50 
 
 Note. — An account should be closed ^ifin you receive or pay in full. — When you 
 close an account " By Balance," the balance is brought down, and is the begin- 
 ning of a new account. If closed " To Balance,'* Credit the new account by that 
 balance, if closed " By Balance** Debit the new account by that balance 
 
 While the business continues, no account is closed unless payment is made 
 in full. When one side of an account fills up the whole space and the other 
 side less, place the footings of both columns on parallel lines, and draw a diag- 
 onal line across the vacant space. 
 
 Dr. 
 
 
 
 Ca 
 
 SH. 
 
 
 Or 
 
 
 1857. 
 Oct. 1 
 
 To Cash on hand, per 
 
 300 on 
 
 1867. 
 Oct. 2 
 " 7 
 u u 
 
 " 9 
 '• 15 
 
 " 21 
 " 31 
 " 31 
 
 Paid Stationery 
 
 " Parker & Hall,.. 
 
 " Insurance, 
 
 " Postage, 
 
 " Charles Chase,.. 
 " dis't on H. Long 
 & Bro's note,. . 
 " Preio-ht 
 
 3 
 11 
 13 
 
 1 
 45 
 
 3 
 
 24 
 288 
 
 387 
 
 00 
 00 
 00 
 110 
 00 
 
 75 
 
 (in 
 
 " 5 
 
 " 8 
 " 12 
 " 15 
 " 21 
 
 " H. Long&Bro.,. 
 
 " LR. Butts, 
 
 '* drawing Deed,.. . 
 " H. Long&Bro.,. 
 " John Smith 
 
 4 
 21 
 
 2 
 50 
 10 
 
 387 
 
 00 
 50 
 
 no 
 
 39 
 00 
 
 89 
 14 
 
 
 
 on 
 
 
 Cash on liand^ 
 
 14 
 
 69 
 
 Nov. 1 
 
 To Cash on hand, . . 
 
 288 
 
 
 TRIAL BALANCE. — Once in six, or three months, or oftener, each col- 
 umn of the LeMr should be added up, and a list of all the accounts, with the 
 difierences'of the several debits and credits annexed, should be taken from the 
 Leger upon a sheet of paper, in two separate columns. If the books have been 
 kept and posted correctly, the footings of the two columns will agree, if not 
 there must be some mistake, which should be found. 
 
 A BALANCE SHEETisusuallymadeoutatthecloseoflheyear. Com- 
 mence with the first account in the Leger, and lake off all the balances in or- 
 der, and add to the debtor balances the Slock and Cash on hand, and to the credit 
 balances the original capital (or the balances you owe). Add up each column, 
 subtract one total from the other and the difference shows your loss or gain. 
 
NEW RATES OF POSTAGE. DOMESTIC. J 29 
 
 RATES OF POSTAGE IN THE UNITED STATES. 
 
 Great care should be used, as "well in prepaying^ the proper amount on let- 
 ters above the weight of half an ounce as on single letters. 
 
 No. 1. LETTER POSTAGE TO AND FROM ANY PART OF THE U. S. 
 
 For each ^ oimce, under ^QQO miles^ — prepaid by postage stamps, 3 cents. 
 For each | ounce over 3000 ■mile^, — prepaid bt postage stamps, 10 cents. 
 Fractions over a single rate are charged as one rate. Letters dropped for 
 delivery are charged one cent. Lellers advertised are charged one cent extra. 
 
 NO. 2. LETTER POSTAGE TO AND FROM BRITISH NORTH 
 
 AMERICAN PROVINCES,— (Prepaid or not.) 
 For each i ounce, when not over 3000 miles from the line of crossing, 10 cents. 
 
 For each I ounce when distance exceeds 3000 miles do 15 cents. 
 
 Newspapers and Periodicals are chargeable with United Stales postage to 
 and from the lines. To be prepaid when sent and collected when received. 
 
 NO. 3. POSTAGE ON PRINTED MATTER, TRANSIENT OR 
 OTHERWISE, IN THE UNITED STATES. 
 
 New Law — Prepayment on all Transient Printed Matter Compulsory. 
 Unsealed circulars, adverliseraenls, business cards, transient news- 
 papers, and every other article of transient printed matter, (except books,) 
 ^ not weighing over three ounces, sent in the mail to any part of the 
 ' United Slates, are chargeable with one cent postage each, to be prepaid by- 
 postage stamps. Where more than on^ circular is printed on a sheet, or a 
 circular and letter, each must be charged w^ith a single rate. This applies to 
 lottery and other kindred sheets assuming the form and name of newspapers ; 
 and the miscellaneous matter in such sheets must also be charged w^ilh one 
 rale. A business card on an unsealed envelope of a circular subjects the en- 
 tire package to letter postage. Any transient matter, like a circular or band- 
 bill, enclosed in or w^itha periodical or newspaper sent to a subscriber, or to 
 any other person, subjects the whole package to letter postage ; and when- 
 ever subject to letter postage, from being sealed, or from any cause whatever, 
 all printed mailer, without exception, must be prepaid, or excluded from the 
 mail. At offices where postage stamps cannot be procured, postmasters are 
 authorized to receive money in prepayment of postage on transient matter ; 
 but they should be careful to keep a supply of stamps on hand. 
 
 Three ounces, or less — prepaid by postage stamps, 1 cent. 
 
 For each additional ounce — prepaid by postage stamps, 1 cent. 
 
 No. 2. — Small Newspapers and Periodicals, published monthly or oftener, 
 and Parnphleis not containing more than 16 octavo pages, w^hen sent in 
 single packages to one address, and weighing at least 8 ounces — 
 
 For eight ounces — prepaid by postage stamps, 4 cents. 
 
 For each additional ounce — prepaid by postage stamps, ^ cent. 
 
 No. 3. — Books — bound or unbound — weighing not over 4 pounds. 
 
 Books must be put up without a cover or wrapper, or in a cover or ^vrapper 
 open at the ends or sides, so that their character may be determined w^ilhoul 
 removing the wrapper. 
 
 For each ounce — under 3000 miles — prepaid by postage stamps, 1 cts. 
 
 For each ounce — over 2(^[)Q miles — prepaid by postage stamps, 2 cents. 
 Fractions over a single rate are charged as one rate. 
 
 An avoirdupois ^ ounce i.s 213^ grains. — 1 Wafer weighs 1 grain. Sealing 
 wax 5 gr. A sheet of foolscap weighs 172 grains; letter-paper, 135. Small en- 
 velope, 42 grains ; large, .52. You can send a letter 3000 miles for 3 cents, pre- 
 paid, containing the sheet of letter-paper, with five bank-notes, ?eiiled with 
 wax ; or the letter with three bank-notes in an envelope. Haifa sheet of let- 
 ter-paper, with a half-eagle enclosed under wax. A sheet with one and a half 
 dimes enclosed, secured by wafers. A single sheet of letter-paper, with a quar- 
 ter-eagle enclosed, secured by wax. One and a half sheds ol letter-paper 
 
130 
 
 NEW RATES OF POSTAGE. 
 
 iVo.4.-SraaU newspapers, pamphlets, &o., when sent in packets of less 
 than eight ounces, must be rated singly. 
 
 No. 5.-Newspaper3, Periodicals, and all other printed matter must be sent 
 wiihoui covers, or in civers or wrappers open al the ends or sides. In case 
 any informaiion shall be asked or commuiucaied, by wriliii 
 
 on the ■ '■' —'■" "'•" "= ""'''' 
 
 cover, 
 
 be charged with letter poslag-- - 
 
 thing enclosed in or wilh sueh printed paper, &c. 
 
 , marks, or signs, 
 
 newspaper or other printed matter, after its publication, or upon the 
 except the name and address of the person to whom it is sent, it will 
 ■ged with letter postage. Neither mast there be any paper or olher 
 
 Quarterly Rates of Postage, when 
 paid in advance, on Newspapers Sf 
 Periodicals sent from the office of 
 publication to actual Subscribers. 
 
 a 
 
 CIS. 
 
 Cts. 
 
 1 
 
 1? 
 Cts. 
 
 S 
 Cts. 
 
 1 ^ 
 
 If 
 Cts. 
 
 a 
 
 f;ts 
 
 Weekly newspapers (1 copy only) 
 sent to actual subscribers within the 
 county where printed and published. . 
 
 Newspapers and periodicals not ex- 
 ceeding 1^ oz. in weight, when circula- 
 ted in the state where published 
 
 Newspapers and periodicals of the 
 weight of 3 oz. and under, sent to any 
 paVl of the United States 
 
 ■22| 
 
 ■45i 
 •91 
 1-36J 
 1-82 
 2-27* 
 2-73 
 
 •19J 
 
 •39 
 ■78 
 1-17 
 1^56 
 1-95 
 2-34 
 
 9? 
 
 19J 
 39 
 
 •78 
 •97J 
 117 
 
 6J 
 
 13 
 
 26 
 39 
 52 
 6.5 
 
 78 
 
 Free. 
 3i 
 
 (!} 
 13 
 19J 
 26 
 32J 
 39 
 
 ,11 
 
 3 
 
 6 
 
 9 
 12 
 15 
 18 
 
 3 
 
 ¥ 
 
 4J 
 6' 
 
 I' 
 
 Over 3 and not over 4 ounces 
 
 Over4 and not over 5 ounces 
 
 Over 5 and not over 6 ounces 
 
 OverGand not over7ounces 
 
 Over 7 and not over 8 ounces 
 
 1st. When the weight of any publicalion exceeds eight ounces, the same 
 progressive rate of postage, laid down in the above table, must be charged. 
 
 2nd. Publishers of newspaper? and periodicals may sendto each other/rom 
 their respective offices of publication, free of postage, one cop.y of each publi- 
 cation ; and may also send to each actual subscriber, enclosed in their publica- 
 tions, bills and receipts for the same, free of postage. 
 
 3d. If the publisher of any newspaper or periodical, after being three 
 monihs previously notified that his publication is not taken out of the office to 
 which it is sent for delivery, continue to forward such publicaiion in the mail, 
 the Postmaster to whose office such publication is sent will dispose of the same 
 for the postage, unless the publisher shall pay it ; and whenever any printed 
 mutter of any description, received during one quarter of the fiscal year, shall 
 have remained in the office without being called for during the whole of any 
 succeeding quarter, the Postmaster of such office will sell the snme and credit 
 the proceeds of such sale in his quarterly accounts in the usual manner. 
 
 4th. Quarterly paymentsin advance may be made either at the mailing of- 
 fice or ihe office of delivery. When made at the mailing office, satisfactory 
 evidence of such payment must be exhibited to the Postmaster al the office ot 
 delivery. 
 
 POSTJGES TO FflREIGS (OmRiS. 
 
 NO. 1. RATES OF POSTAGE BETWEEN THE UNITED STATES 
 AND VARIOUS COUNTRIES, BY THE WAY OF ENGLAND. 
 
 On all single letters between the United States and the following named 
 places, when sent by Ihe way of .E/tg-ianrf, prepayment is optional wilh the 
 sender. — FItc cents additional is charged when sent from or to California and 
 Oregon. 
 
 SINGLE LETTERS. 
 
 En gl and , (prepay ment\optional^ ) - 
 Ireland, " '* 
 
 Scotland, " " 
 
 34 cents. 
 24 " 
 24 " 
 
JNEW RATES OF POSTAGE. FOREIGN. 131 
 
 To the folloivvng places the United States Postage is 21 Cents a single letter not 
 exceeding ^ ounce in weight, when conveyedhy XT. S. Packets^ and 5 Cents 
 when conveyed by British Packets. T/ie 21 cents is the United States inland and 
 Atlantic sea postage only, 
 
 Alexandria, Altona, Anhalt," Austria, Algeria, Baden, Bavaria, Bohemia, 
 Basle, Belgium, Bergen, Bremen, Brunswick, Bruckeubur^h, Ceylon, Cesme, 
 Corfu, Constantinople, Copenhagen,Cronsiadi, Candia, Christiana, Cuxhaven, 
 Dardanelles, Darmstadt, Denmark, East Indies, Florence, France, Frankfort- 
 on-lhe-Main, Finland, Geneva, Genoa, German States, Gibraltar, Greece, 
 Galacz, Gallipoli, Hamburg, Hanover, Hessia, Hungary, Holstein, Hol- 
 land, Honi> Kong, Italy, (except Lombartly, Modeiia, Tuscany, and the Papal 
 States,) Ionian Islands, Ibraila, Keil, Sicilies, Larnica, Leghorn, Lippe (ail), 
 Lubec, Luxemburg, Levant, Malta, iVIecklenDerg(both), Meiningeii, JVlodena, 
 Mytilene, Naples, Nassau, Norway, Neiherlands, Oldenburgh, Papal Slates, 
 Parma, Poland, Prussia, Placeniia, Reuss, Roman or Papal States, Rhodes, 
 Russia, Sardinia,. Salonica, Samsoum, Saxe Saxony, Savona, Schleswjg, 
 Sicily, Sweden, Switzerland, Scutari, Smyrna, Turkey, Tenedos, Trebi- 
 sond, Tuloza, Tuscany, Varna, Venetian Slates, Venice, Wallachia, Wur- 
 lemburg. 
 
 Rates to the following countries^ via England^ 45 Cents., being full payment. 
 
 Ascension, Aden, Africa, Brazil, Buenos Ayres, Cape of Good Hope, Mauri, 
 tius, Montevideo or any other part of the Republic of Uraguay, Sierra Leone- 
 Rates to the following places, via England, being full payment. 
 
 Canary Islands, 65; Cape de Verde Islands, 65; Heligoland. 3^; Madeira 
 (Island oi), 65 ; New South Wales. New Zealand, Van Dieman's Land, 
 Victoria and West Australia, 33; St. Helena, 37. 
 
 Rates Via Southampton, England, being full payment 
 
 Aden (Asia), 45; Australia, 33; Azores, 63; Bourbon and Borneo, 33; 
 
 China, 33; Egypt (except Alexandria), 33 ; Greece, 57 ; Java, 33; Labuan,33; 
 
 Majorca, 73; Manilla, 33; Mauntiup, 45 ; Minorca, 73 ; Moluccas (India), 33 ; 
 
 Phillippine Islands, 33 ; Portugal, 63 ;' Spain, 73 ; Syria, 57 ; Sumatra, ice, 41. 
 
 Rates Via Marseilles, France, being full payment. 
 
 Aden, 65 ; Australia, 39 ; Beyrout, 57 ; Bourbon and Borneo, 49 ; China, 49 
 Egypt (except Alexandria), 39; Greece, 21; Java, 49 ; Marseilles, 49 ; La- 
 buan, Maiiillai49; Mauritius, (5 ; Minorca, 37; Moluccas, 49; Philippine Is- 
 lands, 49 ; Spain, 37 ; Syria(by French packet), 51 ; Sumatra, 49 ; Tunis, 51. 
 
 Postage of Newspapers to or from G. Britain and Ireland, or lo or from 
 foreign countries through Great Britain and Ireland, 2 cents — to be prepaid. 
 
 Note. — In computing postage to the countries named above, the British 
 and sea postage, and U. S., are rated by the jounce for the single letter — 
 ■while the foreign postage is rated by the ^ ounce. The/orcigTi postage, only, 
 being doubled for each ^ ounce. 
 
 NO. 2, RATES OF POSTAGE BETWEEN THE UNITED STATES 
 
 AND THE NORTH OF EUROPE, &;c. 
 
 In Prussian closed Mail, by United States and British Packets. 
 
 RateSO Cents for single Letter of ^ ounce, being the full payment from theport 
 
 of sailing. Prepayment optional, except where noticed. 
 
 Anhalt ; Austria; Baden; Bavaria; Bohemia; Bremen; Brunswick; 
 Bruckenburgh; Cuxhaven ; Darmstadt; Frankfort-on-lhe-Main ; Gentian 
 Stales; Hamburg; Hanover; Hessia; Hungary; Sicilies: Lippe; Lubec; 
 Luxemberg ; Levant (prepaid) ; Mecklenburg; do. Strilitz; Meiningen ; 
 Naples, (prepaid),, Nassau ; Netherlands ; Oldenburgh; Prussia; Placeniia; 
 Reuss; Saxe ; Saxonjr ; Schleswig; Sicily (prepaid); Scutari (prepaid); Tur- 
 key in Europe (prepaid); Venetian Stales ; ^Va[Iachia (prepaid) ; Wuriem- 
 burg. 
 
 And to other places at the following Rates : 
 
 Alexandria, Egypt, (prepaid). Hong Kong (prepaid), Genoa, Ionian Ts- 
 cands, Sardinia (prepaid), Savona (prepaid), 38. Altima 33; Italy, fex- 
 ept Lombardy, Tuscany, the Papal Stales, and Venice,] (prepaid), 33; 
 Lorabardy, Modena, and Parma, 33 Basle, Copenhagen, Denmark, Florence 
 Geneva, Holsteiri, Kiel. Leghorn, Papal Stales, Swiizerland, Tuscany, and 
 Venice, 35. Bergen, Christiana, and Norway, 46. Beyrout, Constantinople, 
 Candia, Cesme, Dardanelles, Galacz, Gallipoli, Ibraila, Larnica, Rbodes, 
 Salonica, Samsoum, Smyrna, Tenedos, Trebiaond^Tuloza, Varna, 40. Corfu, 
 
132 NEW RATES OF POSTAGE. — FOREIGN. 
 
 Cronsladl, Finland, Poland, and Russia, 37. China, (prepaid), 62. East 
 Indies, (prepaid), 70. Greece and Sweden, 42. 
 Newspapers in Prussian Line, 6 eents, (prepaid.) 
 
 NO. 3. RATES OF POSTAGE BY THE BREMEN LINE. 
 Being the full payment to destination. — Frepayment optional. 
 
 Altona, Austria, Bavaria, Brunswick, Hamburg;, Hanover, Hun§:ary, 
 Lubee, Meckienberg (Scliwerin), Mecklenburgh (StrilJlz), Prussia, and Sax- 
 ony, 15. Alexandria (prepaid), Corfu (prepaid), Malta (prepaid), Wallacha 
 (prepaid), 30. Auhalt (all), Baden, Bohemia, Bruckenbur^;, Cuxhaven, 
 Darmsiadl, Frankfort-on-the-main, German Steles, Hessia, Lippe, Luxem- 
 berg, Levant, Meiningen, Nassau, Reuss, Saxe, Wurlemburg, 22. Olden- 
 burgli, 13. Constantinople, Candia, Cesme, Dardanelles, Greece, Italy (except 
 Venice), Ibraila, Leghorn, Lombardy, Mytilene, and Rhodes, Sweden, Tene- 
 dos. Tunis, Tuloza, Varna, 33. Bergen, Christiana, and Norway, 37. 
 Bremen, 10. Copenhagen, Denmark, and Schleswig, 27. Basle, Geneva, 
 Netherlands, and Switzerland, 25. Holslein, Keil, 23. Cronsladt, Finland, 
 Poland, and Russia, 29. Genoa, 38. 
 
 Newspapers in the Bremen Line, 3 cents, (prepaid.) 
 
 NO. 4. RATES OF POSTAGE TO HAVRE (FRANCE). 
 
 Havre, (France,) or any other port or place on the coast of France, Ger- 
 many, or any oiher point in Europe, where the U. States steam packets touch, ^ 
 except Great Britain and Ireland, the United Slates Postage (20 cents) is lobe 
 prepaid. Newspapers, 2 cents — prepaid. 
 
 NO. 5. SPANISH AND BRITISH WEST INDIA ISLANDS. 
 
 Havana.— 'Antigua, Barbadoes, Bahamas, Berbice, Cariacou, Demerara, 
 Dominica, Bssiquibo, Grenada, Honduras, .Jamaica, Montserrat, Nevis, St. 
 Kits, St. Lucia, St. Vincent, Tobago, Tortola, Trinidad, and Turks Island. 
 Single letters 10 cents — if distance from mailing office does not exceed 2,500 
 miles ; and 20 cents— where distance exceeds 2,500 miles — prepaid. Postage 
 of Newspapers, 2 cents — prepaid. 
 
 West India Islands {noi British,) and ports or points in the Gulf of Mexico, or 
 places on the Atlantic coast of South America, not in British possession, 34 
 cents, where distance from mailing office does not exceed 2,500 miles; — and 
 44 cenls, where it exceeds 2,500 miles. To be prepaid — being the United 
 States and British Postage. — Postage of Newspapers, 6 cents —prepaid — 
 when sent from, and 2 cents when received in, the U, S. 
 
 To ports and places in Venezuela, 34 cents, prepaid. 
 
 Southwest Coast of South ATnerica and the foWowing places: — Bogota, New 
 Granada, IS cents, on letters sent, prepaid. — Buenaventura, New Granada, It) 
 cenls on letters received.— Payla, Lambayeque, Huanchaco, Casma, Huacho, 
 and Callao, (Peril,) 22 cenls on letters sent, prepaid.— Lima, Pisco, Islay, Ari- 
 ca and Iquique, (Peru,) 10 cenls on letters received. — Guayaquil, Quito, (Ecu- 
 ador,) Cubija, La Paez, (Bolivia,) and Coptapo, (Chili,) 34 cents on letters 
 sent, prepaid. — Huasco, Coquimbo, Valparaiso, and St. lagOj (Chili,) 10 cents 
 on letters received. Newspapers 6 cents, prepaid. 
 
 To ports and places in Feru, except the above, 32 cents for letters, and 8 
 cents for newspapers, (prepaid.) 
 
 To ports and places in Guatimala, 34 cents, prepaid. 
 
 But to the (ollowing places the postage is 20 cents from mailing office, if dis- 
 tance exceeds 2,500 miles, and 10 cents when the distance is less — prepay- 
 ment required— Mexico, Acapulco^ Panama, Nicaragua, Chagres, and MazatUn. 
 Postage of Newspapers, U. S. only, 2 cents — prepaid. 
 
 NO. 6. PAMPHLETS, &c., TO GREAT BRITAIN AND IRELAND. 
 
 U. S. Postage, is 2 cents for each pamphlet, not exceeding 2 ounces in 
 weight,niid4 cents for each extra ounce, prepaid. Subject io\he same post- 
 age in Great Britain. No pamphlet can be sent exceeding eight ounces in 
 weight, and no periodical over 16, without being subject to letter postage. 
 
 When sent to or received from foreign countries, without passing throttgh 
 THE UxiTED Kingdom, tliey will be chargeable with the regular United States 
 rates, to be prepaid when sent, and collecled when received. 
 
 Newspapers and Periodicals to Foreign Countries (particularly to the Con- 
 tinent of Europe) must he sent in narrow bands, open at the sides or ends. 
 
TRADER'S GUIDE 
 
 LAWS OF TRADE. 
 
THE 
 
 TRADER'S GUIDE, 
 
 AND 
 
 eisiss iii's rai nFim. 
 
 CONTAIiSIING 
 
 THE LAWS OF TRADE; OF BILLS OF EXCHANGE AND 
 
 NOTES; OF CONTRACTS AND AGREEMENTS; THE 
 
 MODE OF DOING BUSINESS WITH BANKS; 
 
 AND THE 
 
 REMEDIES FOR THE RECOVERY OF DEBTS 
 
 In all tl)t Qtatts of t^e Uman : 
 
 DEFENCE OF DEBTOR ; FOEMS OF AFFIDAVITS, AND DEPO- 
 SITIONS ; THE LAWS IN RELATION TO TRUSTEE PROCESS, 
 
 LIMITATION OP ACTIONS, INTEREST, -USURY, INSOLVENCY, 
 PAYMENTS, ACKNOWLEDGMENT OF DEBT, ARBITRATION BY 
 REFERENCE, REPLEVIN, SET-OFF, HUSBAND's AND WIFe's 
 INTEREST IN REAL AND PERSONAL ESTATE, AND EIGHTS OF 
 MARRIED WOMEN IN RELATION TO PROPERTY, PROTESTS OF 
 BILLS AND NOTES, LIEN ON BUILDINGS, VESSELS, &C. 
 
 By I. R. BUTTS, 
 
 ASSISTED BY MEMBERS OF THE BAR. 
 
 PUBLISHED BY 
 I.R BUTTS, No. 2 SCHOOL STREET, BOSTON. 
 
RECOMMENDATIONS. 
 
 Letter from the Hon. Amasa Walker, Secretary op 
 State of Massachusetts. 
 
 DeaT fi^r,— My attention has been recently called to your little work, 
 entitled "The Tradee's Guide." The impression it has made on my 
 mind is, that had I been in possession of such a Work, when I was a busi- 
 ness man, it would have been of great use to me. I can now see that I 
 groped on blindly, and encountered many losses and embarrassments ^ 
 which an acquaintance with your book w^ould have saved me. 
 
 It certainly, I think, ought to be in the hands of every person engaged in 
 trade, and I commend it to the attention of all such. Clerks who wish to 
 qualify themselves for usefulness to their employers, and for success w^hen 
 they shall undertake business for themselves, would, I am sure, do well to 
 make themselves familiar with " The Trader's Guide." 
 I am, very respectfully, your obedient servant, 
 
 AMASA WALKER. 
 
 Letter from Capt. H. W. Benhem, U. S. A. 
 
 The undersigned, having examined the " Business Man's Assistant " 
 
 and the "Trader's Guide," £nds them valuable auxiliaries in Business 
 
 Transactions. They appear to condense more information that is useful 
 
 and important to business men, than any other book I have ever met with. 
 
 H. W. BENHEM. 
 
 Entered, according to Act of Congress, in the year 1851, 
 
 By L R. Botts, 
 
 in the Clerk's office, of the District Court of Massachusetts. 
 
CONTENTS 
 
 PART I. 
 LAWS OF TRADE. 
 
 FA0S 
 
 Legality of Book Acconnts, < 7 
 
 When Day-book is competent evidence, 7 
 
 How musl books be kept, 7 
 
 Settlement of Accounts, liow can be impeached, 8 
 
 legality of Eeceipts, 8 
 
 A Receipt not conclusive evidence of payment, , . . ; 8 
 
 Forms of Receipts 8 
 
 For cash on account — by hands of a third person — for rent — in 
 full of accounts — for balance of account — for deposiie in bank — 
 of payment on note, 9 
 
 Legality of Releases, 9 
 
 What can be released, , , , 9 
 
 rorm of Release, 9 
 
 Release for all accounts, debts, notes, demands, &c., of whatever 
 
 name or nature 9 
 
 Mode of Doing Basiness with Banks, iO 
 
 Advantag^es of having- an Account wiih Bank, 10 
 
 How to keep an Account with Bank, 10 
 
 How Request should be made for Discount,and to whom, 10 
 
 How Deposites of Bank Bills should be made, 10 
 
 What constitutes a Note Negotiable, 11 
 
 The safest and most convenient way to Remit Money, 11 
 
 Certificate of Beposite, , , 11 
 
 NOTES AND BILLS OF EXCHANGE- 
 
 1. — Description of Bills and Notes, 12 
 
 2. — Parties to a Bill or Note, 12 
 
 Forms of Indorsement, 13 
 
 3.--F0HMS OF Notes and Due Bills: — Note on time— do. on de- 
 mand — do. as collateral — do. on instalments — do. to my own 
 order — do. not negotiable — do. joint and several — -do. with 
 
 power of attorney, 13 
 
 Due Bills for cash or goods, 14 
 
 4._Forms of Foreign and Inland Billa : — Foreign Bill, — Inland 
 
 Bill at sight — do. on time, H 
 
 Laws respecting Bills, See Notej ■ 15 
 
 5.— Requisites of a Bill or Note, 16 
 
 6. — Consideration of a Bill or Note, 16 
 
 When can be Collected, though no consideration has been given, 17 
 
 When Consideration is Illegal by Statute, or Usury, 17 
 
 7.— Effect of taking a Note after due, 17 
 
 How maker can have the benefit of a set-off, 17 
 
 9.— presentment of a Bill for Acceptance, 18 
 
 Bills payable at sight, or after sight, or after demand, how must 
 
 be presented and when, 18 
 
 9. Presentment for Acceptance, by whom, where, and to whom made, 18 
 
 10,— Of Acceptance, verbal, special, conditional, or implied, 20 
 
 11.— Non- Acceptance, when notice is necessary, 21 
 
 12.— Liability of Acceptor, 21 
 
 How bound, though he accepts a forged bill, 21 
 
 How bound, though he accepts a bill with a larger amount 
 
 than that fixed by the real drawer, 21 
 
 How bound, though he accepts a bill without consideration,. 21 
 
 13.— Acceptance for Honor, 21 
 
 How made, 21 
 
IV CONTENTS. 
 
 PAGB 
 
 14. — Of Indorsements, ■ ^ 
 
 How indorser may relieve himself from liability, 23 
 
 When does an indorser of a note (not the payee) become liable 
 
 as a gnaranior ? • 23 
 
 15. — Presentment for Payment, • * • ■ ^ 
 
 When should be presented, if no place is mentioned on the 
 note, when the note Is dated in one slate, and the maker 
 resides in another, 25 
 
 What constitutes a Demand, 25 
 
 Demand and Notice, 26 
 
 16._What will excuse non-presentment, ._ 26 
 
 How indorser may waive his right of presentment and notic^,. . 26 
 17.— Presentment for Payment of Note on demand, 27 
 
 When should be presented in order to hold indorsers, 27 
 
 18.— Payment of Bill or Note. 28 
 
 To whom Payment sliould be made, and how, 28 
 
 19.— Days of Grace, 28 
 
 What constitutes— on what notes and bills— at what hours must 
 
 payment of note be demanded, 29 
 
 20. — Notice to indorsers, 29 
 
 How and to whom notice should be given, and w^hen, 29 
 
 21. — When want of Notice is Excused,, w 31 
 
 22. — Form of Notice, how should be written, 32 
 
 23. — Protest, when Necessary, 32 
 
 Forms of Notice, 33 
 
 24.— Loss of Bill, or Note, 34 
 
 How Payment can be enforced against the acceptor......... 35 
 
 25. — Alteration of Bill or Note, Forgery, 35 
 
 26. — Liabilities of Banks as Agents, 36 
 
 liabilities of Holders of Cliecks, 36 
 
 When Check should be presented for Payment — Form of Check, 36 
 Damages on Protested Bills of Excliange, • 37 
 
 In Maine New Hampshire, Vermont, Massachusetts, Connecticut,. 37 
 New York, New Jersey, Pennsylvania, Delaware, Maryland, 
 
 Virginia, Norlh Carolina, South Carolina, Georgia, Alabama, 38 39 
 Florida, Mississippi, Louisiana, Tennessee, Kentucky, Ohio, Indi- 
 ana, Illinois, Missouri, Michigan, Arkansas, Wisconsin, Iowa, 
 
 California, Canada. District Colnmbia, 39 40 
 
 Usury ! — General Principles of, — cases cited, 40 
 
 LAW OF CONTRACTS. 
 
 1. — Definition of a Contract, 42 
 
 Who are capable of entering into Contracts, 42 
 
 2.— Of Simple Con acts, 43 
 
 3.— Of Written Contracts, 44 
 
 When Contract is not binding unless written, 44 
 
 Persons not liable by reason of any representation or recommen- 
 dation eonce ningthecharacter, ability, orcredit of any person, 45 
 
 Contracts must be founded on some Consideration, 46 
 
 Promise to pay the Debt of Another, when binding, 47 
 
 4.— Verbal Contracts 49 
 
 5. — Express Contracts, 50 
 
 6.— Implied Contracts, 51 
 
 When silence may be construed into an agreement, 51 
 
 7.— Sale and Conveyance of Estates, 53 
 
 8.— Purchase, Sale, and Delivery of Goods, 53 
 
 9.— Warranty of Goods, 56 
 
 10.— Sale of Horses, 57 
 
 IL— Hiring and Borrowing, ".'. 53 
 
 12.— Bill of Sale, if Goods are retained, is Evidence of Fraud, 53 
 
 13.— Avoidance of Contract. 59 
 
 Obtaining Goods by False Pretences, 60 
 
 14.— Precautions to be observed in entering into Contracts, 60 
 
 Faymenl, When can be Demanded, 61 
 
CONTENTS. 
 
 PAGE 
 
 ulterest, When it can be Claimed, 01 
 
 Manner of Computing Interest on Notes where Partial Payments 
 have been made 63 
 
 Limitation of Actions, 63 
 
 1.— Times within which Debts can be Collected, 64 
 
 2.— Exception of open and mutual Accounts 64 
 
 3. — Case of a Defendant out of the State, 64 
 
 4 — Acknowledgment, or New Promise, when must be in writing, 64 
 
 S.— Effects of Part Payment, 65 
 
 6 — When Actions can be brought on Sealed Contracts, &c. &c. 65 
 7.— Notes and Bills of Exchange, when Statute begins to operate, 65 
 
 Trustee Process -- Cramishee Process 65 
 
 Who Liable to be Summoned as Trustee, and what Property is, 
 
 and is not. Attachable by this Process, 65 
 
 Proceedings in the Case, 66 
 
 PART II. 
 REMEDIES FOR THE RECOVERY OF DEBTS. 
 
 CJoramencement of a Suit at Law, 67 
 
 Unlawful Attachment and Arrest, 68 
 
 Liabilities of Attorneys to their Clients, 69 
 
 Liabilities of Sheriffs. 69 
 
 Kemedies of tiie Creditor, 69 
 
 MODES OF COLLECTING DEBTS IN 
 
 The different States, (compiled from the Statutes,) by attachment andar* 
 rest^ — How a Resident in one State can collect a Debt owing him 
 in another ; how^ and when Real Estate, taken on execu- 
 tion can be redeemed ; Homesteads and Articles 
 exempted by law from Attachment, &c. 
 
 PAGE 
 
 Maine,. , 70 
 
 New^HEirapshire,- . . 71 
 
 Vermont, 72 
 
 Massachusetts, 73 
 
 Rhode Island, 75 
 
 Connecticut, 76 
 
 New York, 77 
 
 New Jersey^ 8i 
 
 Pennsylvama, 82 
 
 Delaware, 83 
 
 PAGE 
 
 Maryland, 84 
 
 Virginia, 85 
 
 North Carolina,..-. 86 
 South Carolina,. ... 87 
 
 Georgia, 87 
 
 Alabama, 88 
 
 Mississippi, 89 
 
 Louisiana, 90 
 
 Tennessee, 91 
 
 Kentucky,— Ohio,.. 93 
 
 Defence of the Debtor,- 
 
 PAGE 
 
 Indiana, 93 
 
 Illinois, 94 
 
 Misspuri, 95 
 
 Michigan, 96 
 
 Arkansas, 97 
 
 District oiColumbia, 98 
 
 Florida 98 
 
 Wisconsin, 99 
 
 Iowa,— Texas, 100 
 
 California, 101 
 
 102 
 
 PART III. 
 COMMEEGIAL AND DOMESTIC LAWS. 
 
 FAGE 
 
 Affidavit of * Demand against a Non-Resident Debtor, 103 
 
 " for Goods Sold ftnd Delivered, 104 
 
 " for Goods Sold and Delivered by a Clerk IO4 
 
 " for Various Other Purposes, IO4 
 
 Depositions taken under a Commission, 104 
 
 Insolvency, General Kules to be observed in, 105 
 
 Acknowledgment of Debt, Forms of, and General Directions 107 
 
 ArMtration by Reference, Forms of, and Directions for Referees,. 103 
 
 Beplevin, How can be Executed, 108 
 
 TG 1* 
 
VI 
 
 CONTENTS. 
 
 Off-Set or How one Demand can be made to off-set another,.. 109 
 
 When must Demand have existed lo allow of its being set-off, 109 
 
 What effect assignment of demand has against a set-off,.. 109 
 
 Maker of a Note can avail himself of off-sets -against the promisee, 109 
 
 How is defendant entitled to a set-off, 109 
 
 What course should defendant pursue when he has a claim against 
 
 the party suing him, 109 
 
 Tender, How and in what money it should be made, 109 
 
 Forma of Protests of Bills of Exchange and Notes, no 
 
 If a Bill or Note be protested for non-payment, 110 
 
 When the house or place is shut up, 110 
 
 Wlien the original bill has been lost before maturity, 110 
 
 When drawee has left no orders with his clerk, Ill 
 
 When drawee's place of business is shut up, Ill 
 
 When drawee cannot be found, Ill 
 
 When left for consideration and acceptance, and is lost, or 
 
 cannot be returned lo the holder, Ill 
 
 On a bill for better security, HI 
 
 On non-payment, when the orignal has been lost before ma- 
 turity, and a copy of the second of exchange of the same 
 
 set is presented for payment, Ill 
 
 On a bill, by a resident in a place where there is no notary . . Ill 
 
 MECHANIC'S LIEN. 
 
 PAGE 
 
 Alabama, 114 
 
 Arkansas, H4 
 
 California, 114 
 
 Connecticut, 115 
 
 Florida, 115 
 
 Georgia, ■ 116 
 
 Illinois, 116 
 
 Indiana, — Iowa,. ... 117 
 
 Kentucky, 118 
 
 Louisiana^ 118 
 
 PAGE 
 
 Massachusetts, ....119 
 
 Maine, 119 
 
 Maryland, 120 
 
 Michigan, 120 
 
 Minnesota, 120 
 
 Missouri, 121 
 
 Mississippi, 122 
 
 New Hampshire, ..122 
 
 New York, 122 
 
 New Jersey, 123 
 
 PAGE 
 
 North Carolina, . . . .123 
 
 Ohio, 124 
 
 Pennsylvania, 124 
 
 Rhode Island, 124 
 
 South Carolina,.... 125 
 
 Tennessee, 125 
 
 Texas, 125 
 
 Vermont, 126 
 
 Virginia, 126 
 
 Wisconsin, 136 
 
 RIGHTS OF HUSBAND AND WIFE. 
 
 Husband's Interest in Wife's Personal Estate 187 
 
 " " in Wife's Real Estate, ...tS8 
 
 " Liability for Wife's Debts before Marriage 128 
 
 " " to Maintain his Wife, 128 
 
 Dower of the Wife in Husband's Real Estate, 128 
 
 How Wife's Rieht to Dower may be Barred, 129 
 
 Marriages may be Dissolved by Divorce, or Annulled by Fraud, 129 
 
 Powers of the Husband, . 129 
 
 EIGHTS OF MARRIED WOMEN. 
 
 Statute Laws of various States on the separate Rights o( Property of 
 Married Women, ° ,,,.,... 130 
 
PART I. 
 LAWS OF TEADE. 
 
 LEGALITY OP BOOK ACCOUNTS. 
 
 In most of the States the original entries in shop 
 books, are competent evidence, with the oath of the 
 party, to prove the items charged.* In some states the 
 oath of the clerk who made the entry, is also required. 
 
 If the books, on being submitted to the inspection of 
 the court, do not appear to contain the first entries, or 
 charges, made at or near the time of the transactions 
 to be proved, and to have been honestly and fairly kept, 
 without erasures, or interlineations, they are excluded. t 
 
 Where entries were first made on a slate, or cart, 
 and immediately afterwards transferred into a book, 
 kept in the leger form, such book has been admitted 
 as competent evidence to prove the charges ; though 
 regard must be had to the education of the party, and 
 the nature of his employment. 
 
 An account, purporting to be drawn out by the party 
 himself from his original and daily minutes, is not ad- 
 missible in evidence, though the book containing such 
 statement should be accidentally destroyed ; unless it 
 could be proved that the items of the amount drawn 
 out had actually existed in the party's books. 
 
 If the party is dead, the books may be offered by 
 the executor or administrator. 
 
 If the clerk who made the entries is dead or insane, 
 the book is admissible upon proving his handwriting. 
 
 * The following States admit both entry and oath : — Maine ; Massachu- 
 setts ; Connecticut ; New Hampshire ; Illinois ; Pennsylvania ; South Car- 
 olina ; North Carolina, (where demand does not exceed $60 ) ; Delaware ; 
 Maryland, {where demand does not exceed $26.6t>) ; Tennessee ; Ohio, (if 
 ;iot more than 18 months' standing) ; Rhode Island ; Vermont ; Wisconsin- 
 Evidence of the ori^nal entry, and proof of delivery of goods is only re- 
 quired in New York, New Jersey, Georgia, &c. 
 
 "t Questions usually rehired to be answered under oath. — Is this your book, 
 and the method in vi^hich you keep your accounts ? Did you make the 
 charges, no-w in dispute, at the lime they purport to have been made ? 
 Are they just and true ? Have you received pay for them, or any part ? 
 If so, how much? An answer xn the affirmative, under oathy to the pre- 
 ceding questions, (the last only excepted,) is generally all that is required 
 to substantiate a claim. 
 
8 LEGALITY OF RECEIPTS. 
 
 When the day-book contains marks which show that 
 the items have been transferred to a leger, the leger 
 must be produced. 
 
 In Massachusetts, payments of sums of money over 
 forty shillings [$6.66f ] cannot be proved by the books. 
 This is an important fact, not generally known, as it 
 not unfrequently happens that a person pays money 
 to his workmen taking no receipt therefor. 
 
 Settlement of Accounts. — It is usual to prefix 
 the initials E. & O. E. (for errors and omissions ex- 
 cepted) to the signature to accounts ; but the omission 
 of those letters forms no bar to the subsequent correc- 
 tion of errors. The settlement and discharge of an 
 account is no bar to a claim for any other demand, 
 not included in the settled account. It may be im- 
 peached by proof of unfairness, mistake, or fraud. 
 
 LEGALITY OF RECEIPTS. 
 
 When a receipt is given for money paid on a bond, 
 note, &c., the amount should be indorsed on the same. 
 
 A receipt in "full of all demands" is conclusive 
 evidence, when given under a knowledge of all the 
 circumstances between the parties ; but is not so, when 
 given without such knowledge ; and may be avoided 
 by the party signing it, showing a mistake, or error 
 therein, or that it was given under misrepresentation. 
 A receipt in full of all accounts cuts off accounts only, 
 but a receipt " in full of all demands," is held to dis- 
 charge all debts, except such as are on specialty, as 
 bonds, bills, &c. which may be discharged by a release. 
 
 FORMS OF RECEIPTS. 
 
 New Yorlc, Jan. 1, 1858. Received of Messrs. Johnson & Ward 
 five hundred dollars, on account. 
 
 8500. John S. Williams. 
 
 New Bedford, Jan. 1, 1858. Received of Horace Wheeler, 
 by the hand of John Hobbs, twenty-five dollars, for books sold and 
 delivered to said Wheeler. 
 
 Thomas S. Wales. 
 
 New York, Jan. 1, 1858. Received of Peter Laurie, one hun- 
 dred dollars, being one quarter's rent due this day, for my dwelling 
 house, Jio. 12 Stale Street, now occupied by said Laurie. 
 
 ;J100. Abraham Hews. 
 
LEGALITY OF KELEASES. 9 
 
 Philadelphia, Jan. 1, 1858. Received of James Waeken three 
 hundred dollars in full of account to date. 
 
 James Madison. 
 
 Baltimore, Jan. 1, 1858. Received of Johh Barnes two hundred 
 dollars, in full for baleince due on account. 
 
 John Lincoln. 
 
 Boston, Jan. 1, 1858. John L. Lincoln has this 4ay deposited in 
 this Bank, to his credit, five hundred dollars. 
 Traders Bank, Dec. 31, 1857. 
 S600. Jeremiah Gore, Cashier. 
 
 Boston, Jan. 1, 1858. Received of 1. R. Bdtts, one hundred dol- 
 lars, which amount I promise to endorse on said Butts' note for five 
 hundred and sixty-four dollars, dated January 1, 1857, and payable to 
 me or order, on demand, with interest, on surrender to me of this 
 receipt — said endorsement to be as of this date. 
 
 John Brown. 
 
 LEGALITY • OP RELEASES. 
 
 A RELEASE is an instrument under seal, whereby a 
 person discharges the right, or action he has, or may 
 claim, against another, or his lands, &c. 
 
 By a release of all demands, are barred^all rights and 
 titles to land, rights of entry, rent charges and arrear- 
 ages of rent, rights to personal property out of posses- 
 sion, conditions before and after breach, warranties, 
 recognizances, obligations, covenants broken, debts, 
 contracts (except those which are to be performed on 
 a future contingency) duties, actions real, personal and 
 mixed, including writs of entry, sci. fa. and appeals, 
 judgments and executions. — Shep. Touch. 343-4. 
 
 If two persons are jointly bound, a release to one 
 will discharge the other. A release of one partner is 
 a release of all. A release of one of several joint 
 debtors is a release of all. 
 
 No particular form of words is necessary to consti- 
 tute a valid release; but any words which evince an 
 evident intention to renounce the claim upon, or to 
 discharge the debtor, are sufficient. Chitty on Con. 
 Short Form of Release, 
 
 Boston, Jan. 1, 1858. I A. B., in consideration of dollars to 
 
 me paid by C. D.,do hereby release said C. U., from all notes, ac- 
 counts, debts, dues, or demands of any name or nature I have or can 
 claim against him. In witness whereof, I have, &c. 
 
 Inpresenc^ of A. B. (L. s.) 
 
 Note. — See " Business Man's Assistant," page 63, for a General Form of 
 Release, Release of Contract, Lease, Note, Bond, Sower, and Mortgage. 
 
10 MODE OF DOING BUSIMESS WITH BANKS. 
 
 MODE OP DOING BUSINESS WITH BANKS. 
 
 Every person doing business would find it to his ad- 
 vantage to keep an account with some Bank. 
 
 1st. Because his money will be lodged in a place of 
 security. 2d. He will save time, for when he receives 
 money he can deposite it in bank, and when he pays it 
 away he can draw checks for the amount. 3d. By 
 depositing small suras he enables the bank to render 
 facilities in the way of discounts, of larger amount 
 than any one person could command by hoarding his 
 funds instead of banking them. 4th._He can leave his 
 notes with the bank for collection, and thus be relieved 
 from the anxiety of giving notice to indorsers. 5th. 
 He can make his own notes and bills payable at his 
 own bank. 6th. In counting money, he runs some 
 risk of making an error, which he avoids when he 
 draws a check ; or, at least, if an error occur, it can 
 be easily rectified when his checks are returned at 
 the close of the month ; for they show at once the 
 amount paid ; and his check-book, if correctly kept, 
 shows to whom paid ; or his check may be so written 
 as to show of itself. 
 
 When a person opens an account with a bank, he 
 receives a small account book, called a Deposite-book ; 
 but he should not depend entirely on this book, but 
 keep an account of his deposites and receipts in his 
 own check-book. This Deposite-book he should send 
 to the bank, not only when he makes a deposite, but 
 also at the close of each month, to be balanced. 
 
 The depositor should never overdraw ; but if he ex- 
 pects accommodations, he will find that keeping a rea- 
 sonable balance in bank will speak volumes in his favor. 
 When he offers a note or bill for discount, the request 
 should be made in writing, and contain the names of 
 promiser and indorsers, (with the\i places of residence, 
 if not stated in the note) amount due on note, and the 
 time it has to run. This memorandum should be ad- 
 dressed to the Cashier, and is usually left with the dis- 
 count clerk. When a note is discounted, the interest, 
 for the time the note has to run, with three days' 
 grace, is taken in advance. 
 
MODE OF DOING BUSINESS WITH BANKS. 11 
 
 When a person makes a deposite of bank bills, he 
 should enclose the country bills in an envelope, with the 
 name of the depositor, foreign, and amount, written 
 thereon ; but the city bills may be presented loose. He 
 will also write the name of the depositor, date, and 
 character of the deposite, on a slip of paper, as follows : 
 Deposited in the Traders Bank, — Br I. R. Bates. 
 Boston, February 22, 1858. 
 
 Boston, . . . 
 Foreign, . . , 
 Specie, .... 
 Check, of A. B., 
 " qf C. D., 
 
 This he gives to the teller to be filed. This course 
 saves tirae and prevents mistakes. (The above rule is 
 peculiar to the Boston banks, and cities in the vicinity.) 
 
 When a draft is sent to a distant place for acceptance, 
 notice should be sent to the person on whom it is 
 drawn, so as to precede its arrival. 
 
 When money is to be transmitted by mail to a dis- 
 tant place, it would be safer and more convenient to 
 send a draft, check, or certificate of deposite. Suppose 
 that H. Long & Bro., of New York, owe $100 to I. R. 
 Bates, of Boston ; they procure atdraft, or check, of some 
 bank, or broker, of New York, upon a bank, or bro- 
 ker, in Boston, payable to I. R. Bates, or ori^er. This 
 draft they enclose in an envelope, directed to I. R. 
 Bates, who, upon receiving it, indorses it and collects 
 the money. It is safer to send a draft, or check, than 
 bank bills ; for should the draft be lost or stolen, it 
 cannot be collected until the person to whom it is 
 made payable has indorsed it ; and the only trouble 
 would be to procure another draft, or check. So, if 
 the person to whom it was sent should deny having re- 
 ceived it, the books of the bank, or broker, would be 
 evidence of the payment of the money. 
 
 CERTIFICATE OF DEPOSITE. 
 
 glOO. Tradesmans Bans. No. 20. 
 
 New York, February 20, 18S8. 
 H. Long S^ Brotherhave this day deposited in this Banic, one hun- 
 dred dollars, to the credit, and subject to the order of, /. R. Bates, 
 on return of this Certificate. John Banker, Cashier. 
 
12 NOTES AND BILLS OF EXCHANGE. 
 
 NOTES AND BILLS. 
 
 I. DESCRIPTION OF A BILL OF EXCHANGE AND NOTE 
 
 A Bill of Exchange is a written order or request, 
 and a Promissory Note a written promise, by one per- 
 son to another, for the payment of money, absolutely, 
 and at all events. No set form of words is required. A 
 promise to deliver, or to be accountable, or to be 
 responsible for so much money, is a good bill or notfe ; 
 hut it must be exclusively and absolutely for the pay- 
 ment of money. 
 
 II. PARTIES TO A BILL OR NOTE. 
 
 A. who makes a bill is called the " drawer ;" B. 
 to whom it is addressed, the " drawee," and C. in 
 whose favor it is made, the "payee." If the drawee 
 accept the bill, he is termed the " acceptor ;" when 
 a bill is indorsed, the person indorsing is called the 
 " indorser," the person to whom it is indorsed, the 
 " indorsee." 
 
 FORMS OP INDORSEMENT OF BILLS AND NOTES. 
 
 1. First Indorsement in blank, — by payee ; 
 
 "John Williams." 
 
 2. Indorsement without recourse, or, where the Indorser would avoid 
 
 all liability: 
 
 "John Williams — without recourse." 
 
 3. Special Indorsement in favor of a particular person ; 
 "Pay Wm. Little, 01 order, — John Williams." 
 
 4, Indorsement of an Agent: 
 " As Agent of Wm. Little, — John Williams." 
 
 S. Indorsement in favor of the Indorseri 
 " Pay Messrs. Adams ^ Co., for my account, — John Williams." 
 
 6. Special Indorsement t 
 
 " Pay to the order of John K. Hall, Esq., Cashier of the Bank of North 
 
 America, — John Williams." 
 
 The person who makes a note is called the "maker," 
 and the person to whom it is payable, the "payee;" 
 and the terms " indorser," and " indorsee," are used 
 as in bills. 
 
FORMS OF NOTES AND DUE BILLS. 13 
 
 III. FORMS OP NOTES AND DUE BILLS. 
 
 The following are the usual forms of Negotiable 
 Promissory Notes. 
 
 S^OO. Portland, Jan. 1, 1858. 
 
 Six mouths after date, I promise to pay John Sands, or order, seveu 
 hundred dollars, at the Traders Bank, Boston, value received. 
 
 Petek Hobbs, 
 
 SlSm. Cincinnati, Jan. 1, 1858. 
 
 On demand, I promise to pay William Hockie, or order, three 
 hundred dollars, with interest, value received. 
 
 James Lewis. 
 
 Bills and notes containing a memorandum of the 
 deposit of collateral security, such as a deposit of 
 stocks, &c., are valid. 
 £600. Boston, Jan. 1, 1858. 
 
 Thirty days after date, I promise to pay I. R. Mears, or order, six 
 hundred dollars, for value received: X having deposited with him as 
 collateral security, (with authority to sell the same on the non-perform- 
 ance of this promise,) seven shares of the stock of the Traders Bank, 
 in Boston. 
 
 James Thomas. 
 
 Bills of exchange and notes of hand payable by in- 
 stalments, are valid ; and suit may be commenced on 
 failure of the first payment. 
 £800. Portsmouth Jan. 1, 1858. 
 
 Value received I promise to pay to the order of John Ward, eight 
 hundred dollars as follows : — two hundred dollars in six months j two 
 hundred dollars in nine months ; four hundred dollars in twelve month? 
 from the date hereof, with interest on all said sums. 
 
 Andrew Johnson. 
 
 A note of hand payable to the drawer's own order, 
 is made negotiable by his endorsement. 
 g200. Portland, Jan. 1, 1868. 
 
 Three months after date I promise to pay to my own order two 
 hundred dollars, value received. 
 
 I. R. Butts. 
 
 Bills of exchange or notes of hand which are not 
 negotiable (not being payable to order or bearer) are 
 perfectly valid between the original parties. 
 
 glOO. New York, Jan. 1, 1858. 
 
 Four months from date I promise to pay Messrs. H. Long & 
 Brother, one hundred dollars, value received. ' 
 
 Henry Williams. 
 
14 rUE BILLS. — FOREIGN AND INLAND BILLS. 
 
 A note beginning "I promise to pay," and signed by 
 two or more persons, is a several as well as a joint note, 
 and the parties may be sued jointly or separately ; so, 
 if the note begin, " We jointly and severally promise to 
 pay," but when a promissory note is made by several, 
 thus, " We promise to pay," it is a joint note only. 
 
 gSOO. Boston, Jan. 1, 1858. 
 
 For value received, we promise to pay John Williams, or bearer, 
 d, vifith intei 
 
 five hundred dollars, on demand, 
 
 Horace Makh, 
 John Stubbs. 
 
 Note — with Power of Attorney. 
 
 Cincinnati, Jan. 1, 1858. 
 
 Ninety days after date I promise to pay to the order of Thomas 
 Root, five hundred dollars with interest, value received. And in case 
 of default of my payment of the principal and interest aforesaid, with 
 punctuality, I heieby empower Thomas Root, or any Attorney at 
 Law to be appointed by him, to appear for me, and in my name con- 
 fess judgment before any Court of competent jurisdiction in the State 
 
 of , for the above sum, interest, and costs, with release of errors 
 
 waiving the right of appeal. 
 
 Witness my hand and seal this first day of January, A. D. 1858. 
 
 Attest, C. D. Charles Hope, (l. s.) 
 
 DUE BILLS. 
 
 New York, Jan, 1, 1858. Due on demand, to 1. R. Butts, one 
 hundred dollars, value received. 
 
 Thomas Ford. 
 
 Boston, Jan. 1, 1858. 
 Borrowed and received of John Brown, two hundred dollars, which 
 1 promise to pay to him, or order, on demand, with interest. 
 
 James Long. 
 
 Due on demand, to William Ropes, or bearer, two hundred dol- 
 lars, to be paid in goods, Jan. 1, 1858, value received. 
 
 James Loring. 
 
 IV. FORMS OF FOREIGN AND INLAND BILLS. 
 
 Foreign bills are drawn in sets ; that is, copies of 
 the bills are made on separate pieces of paper, each 
 part containing a condition that it shall continue paya- 
 ble only as long as the others remain unpaid. 
 
REQUISITES OF A BILL OR NOTE. 15 
 
 Foreign Bill of Exchange. 
 Exchange for £500. New York, Jan. 1, 1858. 
 
 Twenty days after sight of \h\sjirst of exchange, {second and third 
 of the same tenor and date unpaid) pay to the order of James 
 Heath, in London, five hundred pounds sterhng, value received, and 
 charge the same to account of William Smith. 
 
 To Messrs. Bates^ Baring &; Co., London. 
 
 Inland Bill of Exchange, or Draft. 
 ^400. Boston, Jan. 1, 1858. 
 
 At sight, pay to the order of John Wilder four hundred dollars, 
 value received, and charge the same to account of yours, &c. 
 
 John Screw. 
 To Mr. John Hoebs, New Orleans. 
 
 ;g300. New York, Jan. 1, 1858. 
 
 Sixty days after date, pay to the order of Horace Ticknor, three 
 hundred dollars, value received, and charge the same to our account. 
 
 Mears &; Bliss, 
 
 To Mr. William Williams, Boston. 
 
 ;g200. New Orleans, Jan. 1, 1858. 
 
 Ninety days after date, pay to the order of Jeremiah Gore, Esq., 
 at the Traders Bank, Boston, Mass., two himdred dollars, value re- 
 ceived, and charge the same to theaccount of John Dempster, Esq., 
 as per advice-.-or, without further advice. 
 
 Jones & Wheeler. 
 
 To Messrs. Hartt & Weems, Boston, Mass. 
 
 Note. — In Fennsylvania all Bills of Exchange, Promissory Notes, Due 
 Bills, or any other instrument in the nature thereof, must contain the 
 names of the places of business or residences of all the parties ; and when 
 such places of business or residences are omitted, demand of acceptance, 
 protest, &c., may be given at any lime before maturity, as well as protest 
 and non-payment of the same after maturity. In all such cases of omis- 
 sions, such Notes, &c., shall be held to be payable and proieslable at the 
 place where they are deposited for collection, and Bills of Exchange, 
 Drafts, Checks or other securities shall be held to be payable and protesta- 
 ble at the place where they are addressed to the drawer. — Law of Penn- 
 sylvania, 1349. Notes bearing dale in the city or counly of Philadelphia, 
 must contain the words " w^ilhout defalcation, or set-off."*^ 
 
 In Missouri^ Notes, which express on iheir face to be for "value received, 
 negoiiable and payable without defalcation^^' are rendered negotiable in 
 like manner as inland bills of exchange. 
 
 In Indiana^ noies are wriuen " without any relief whatever from valua- 
 tion or appraisement laws." 
 
 In Okio, a Promissory note payable to a person, or hearer, is negotiable 
 by delivery, without endorsement. The mere endorsement upon a note 
 of a stranger's name in blank, is prima /one evidence o( ^aranty. To 
 charge such a person as maker^ there must be proof that his endorsement 
 was made at the time of the execution by the other party : or, if afterwards 
 that it was in pursuance of an agreement or inteniion, that he should be- 
 come responsible from the date of the execution, which intention may be 
 proved by parol evidence. 
 
 If a Promissory Note be signed by one of the partners on a contract, on 
 account of the firm, in this form, A. B. for A. B. & Co.,— the firm will be liable 
 
 A memorandum wriuen on a Note, in these words, " for value received 
 I hereby acknowledge this Note to be due, and promise lo pay ihe same on 
 demand," and signed in the presence of an attesting witness, prevents ihe 
 operation of the statute of limitations. 
 
16 CONSIDERATION OF A BILL OR NOTE. 
 V. REQUISITES OP A BILL OR NOTE. 
 
 The two principal requisites to a good bill are, first, 
 that it be payable at all events, not dependent on any 
 contingency, nor payable out of a particular fund; and, 
 secondly, that it be for the payment of money only, and 
 not for the payment of money and the performance of 
 some other act, as the delivery of a horse, or the like* 
 
 If, however, the event on which the payment is to 
 depend must inevitably happen, it is of no importance 
 how long the payment is deferred. Therefore, if a bill 
 be drawn, payable six weeks after the death of the 
 drawer's father, it is valid and negotiable. 
 
 The date of a Bill or Note ought to be clearly ex- 
 pressed, but it is not essential to the validity of the bill 
 or note; for, when the date has been omitted, it will be 
 intended to bear date on the day when it was made. 
 
 The negotiability of a bill or note depends on the 
 insertion of sufficient words of transfer. The modes 
 of making a bill transferable are by making it payable 
 to A or order, or to A or bearer, or to bearer generally. 
 
 VI. CONSIDERATION OP A BILL OR NOTE. 
 
 It is usual to insert the words value received, in a bill 
 "^or note. Banks do not consider a note negotiable un- 
 less it contains the words value received. 
 
 In the case of negotiable notes, and bills of exchange, 
 the law always presumes them to be founded upon a 
 valid consideration, and no proof of a consideration is 
 required. As between the immediate parties to a bill 
 or note, the consideration may, however, be always 
 inquired into. 
 
 Thus, in an action by the drawer against the accep- 
 tor, or by the payee against the maker, the acceptor or 
 the maker may show that the bill was accepted, or the 
 
 *An agreement in writing, by wliich tlie subscrilier to it promised lo pay 
 another a sum of money on demand, with interest, and added, " l)ut no 
 demand is to be made as long as the interest is paid," is not a Note. 
 
 A memorandum at the foot of a Promissory Ncle; in tliese words, " I do 
 hereby obligate myself that the above Note shall be paid in three years from 
 the 4th day of June, 1850," made in consideration that the payee will delay 
 thepaymentnntil two years after the maturity of the note, is an ori^tiol 
 agreement, and demand and notice is not necessary to charge the signer of 
 the memorandum. ■^ 
 
EFFECT OF TAKING A BILL AFTER IT IS DUE. 17 
 
 note made, without any consideration, and it will be a 
 good defence to the action. 
 
 A want of sufficient consideration may be insisted 
 on in defence to an action on a bill ; and when the bill 
 is for accommodation, and the holder has given value 
 only for a part of that amount, he cannot recover on 
 the bill beyond that sum. 
 
 So, in an action by an indorsee against the person 
 indorsing the note to him, that, person may show that 
 the note was indorsed to such indorsee without any 
 consideration, and it will be a good defence. 
 
 But where the holder of a bill or note received it 
 innocently, in the course of business, for a valuable 
 consideration, and before it was due, he may collect it 
 of any of the prior parties to the bill or note, notwith- 
 standing it may have been originally issued without 
 any consideration, or fraudulently, or that no consid- 
 eration had passed between the prior indorsers, or that 
 the prior indorsements were illegal, or though it may 
 have come to him from a person who had stolen or robbed 
 it from the true owner. Where, however, it is proved 
 that a note got into circulation fraudulently , the holder 
 will be obliged to show how he came by it, and that he 
 gave a valuable consideration for it. 
 
 If an indorsee receive a note under circumstances - 
 which may reasonably excite suspicion that it was not 
 good, he ought, before he takes it, to inquire into the , 
 validity of the note, and if he does not, he takes it 
 subject to any legal defence which might be made 
 against a recovery by the promisee. 
 
 The bill may be void if the consideration given has 
 been made illegal by statute; as for money won at 
 gaming, or for money bet, and in some States, on a 
 usurious contract. But, with respect to gaming, it is 
 held that a bill founded on a gambling transaction is 
 good in the hands of a bona fide holder ; and a bill or 
 note, though founded upon a usurious contract, does 
 not, in some states, vitiate the same In the hands of a 
 bona fide holder, not knowing the usurious contract. 
 
 VII. EFFECT OF TAKING A BILL AFTER IT IS DUE. 
 
 Where a party takes a note, even for value, after 
 it has been dishonored, or is overdue, he takes it sub- 
 TG 3* 
 
18 PRESENTMENT OF BILL 
 
 ject to all the equities which properly attach thereto 
 between the antecedent parties. 
 
 Thus, in an action by the indorsee of a note over- 
 due against the maker, the maker may have the bene- 
 fit of a set-off" against the payee, which accrued before 
 notice to him of the transfer. So he may prove pay- 
 ments in part, or in whole, before the indorsement. 
 So he may prove fraud in its inception, or want for a 
 failure of consideration,.or that it was given for an ille- 
 gal consideration, &c. 
 
 VIII. PRESENTMENT OF BILL FOR ACCEPTANCE. 
 
 Bills payable at sight, or at so many days after sight, 
 or after demand must be presented to the drawee for 
 acceptance ; otherwise the time of payment would 
 never arrive. But bills payable on demand, or payable 
 at a certain number of days after date, or after any 
 other certain event, need not be presented for accep- 
 tance at all ; but only for payment. It is, however, 
 certainly advisable in all cases to endeavor to get the 
 bill accepted. And though the owner is not bound to 
 present the bill payable at a day certain, for acceptance 
 before the day, the agent employed to collect the bill, 
 or to get it accepted and paid, must act with due dili- 
 gence to have the bill accepted as well as paid. 
 
 A bill payable at sight, or so many days after sight, 
 ds well as a bill payable on demand, must be present- 
 ed in a reasonable time, or the holder will have to bear 
 the loss proceeding from his default. 
 
 In all cases, where a bill is presented, and accept- 
 ance is refused, it is dishonored, and notice must be 
 given to the drawer and indorsers in order to charge 
 them ; and it makes no difference in this respect, 
 whether the bill be payable at sight, or at a day certain. 
 
 IX.^PRESENTMENT FOR ACCEPTANCE, BY WHOM, 
 WHERE, AND TO WHOM MADE. 
 
 In general, bills should be presented by the holder 
 or his authorized agent. But though the drawee may 
 not be bound to accept a bill presented by a person 
 not having proper authority to hold the bill, yet if he 
 does accept it, such acceptance will inure to the benefit 
 of the true holder. 
 
FOE ACCEPTANCE. 19 
 
 A bill should be presented for acceptance at the resi- 
 dence or usual place of business of the drawee, with- 
 out regard to the place where it is Anym payable, be- 
 cause the former is supposed to be the place where he 
 is to be found to accept, and the place of payment is 
 not material until after acceptance. If the drawee is 
 not to be found at the place to which the bill is 
 directed, he having never lived there, or having removed 
 ftom thence, the holder should endeavor to ascertain the 
 actual domicil of the drawee, and present the bill at 
 that place. If the holder is unsuccessful in his inqui- 
 ries, he may protest the bill as dishonored. 
 
 The absence from his home, of the drawee of a bill 
 payable at a time certain after date, when the holder 
 of the bill or his agent calls with it for acceptance, is not 
 a refusal to accept, which requires the holder to give 
 notice to the drawer and indorsers ; although such ab- 
 sence, when the bill is due, is a refusal to pay, and au- 
 thorizes a protest. 
 
 The presentment should be to the drawee himself, 
 or to his authorized agent ; and if he refuse, and the 
 bill has been addressed to another person, then pre- 
 sentment must be made to that person ; otherwise the 
 drawer or indorsers will not be chargeable. If the bill 
 has been addressed to two or more persons not in part- 
 nership, it is said that it must be presented to each. 
 
 If the drawee has left the country, it will be suffi- 
 cient to present the bill at his house, unless he has a 
 known agent, when it should be presented to him. If 
 on presentment it appear that the drawee is dead, the 
 holder should inquire after his personal representative, 
 and, if he live within a reasonable distance, should pre- 
 sent the bill to him. 
 
 Presentment should in all cases be made during the 
 usual hours of business; and it should not be made on 
 days set apart by the laws of the country for religious 
 or public purposes. The drawee should accept or re- 
 fuse a bill as soon as it is presented to him ; but if he 
 does not determine immediately, it is usual to leave it 
 with him twenty-four hours to consider whether he will 
 accept it or not. But in this the holder may use his 
 own discretion. 
 
20 OF THE ACCEPTANCE. 
 
 It is not incumbent on the indorser to inform the 
 holder where the maker is to be found. 
 
 X. OF THE ACCEPTANCE. 
 
 The acceptance may be verbal, or it may be written, 
 and it may be general or special. If a bill comes into 
 the hands of a person with verbal acceptance, and he 
 takes it in ignorance of such acceptance, he may avail 
 himself of it afterwards. 
 
 An absolute acceptance is an engagement to pay the 
 bill according to its tenor, which is done by the drawee 
 writing " Accepted," and subscribing his name at the 
 bottom or across the bill. If a bill is made payable 
 after sight, the date of acceptance should appear thus, 
 " Accepted, A. B., April 20, 1857." 
 
 Any acceptance varying the absolute terms of the 
 bill, either in the sum, the time, the place, or the mode 
 of payment, is a special or conditional acceptance, 
 which the holder is not bound to receive ; but if he 
 does receive it, the acceptor is liable only according to 
 the terms of his acceptance. 
 
 The holder, as just stated, is not bound to take a 
 qualified acceptance, but is entitled to have the bill 
 accepted absolutely and unconditionally, as it is drawn. 
 He may, however, at his own risk, take a special ac- 
 ceptance ; but he ought to give immediate notice to 
 all the parties, and if he omits so to do he discharges 
 them ; and it would seem, that if he wished to hold 
 the other parties to the bill, he should have it protested 
 as dishonored, unless they assent to the conditional ac- 
 ceptance. 
 
 A promise to accept a bill not yet drawn, shown to 
 a third person, who, upon the faith of such promise, 
 takes it for a valuable consideration, is in law an ac- 
 ceptance of such bill, when drawn ; provided in the 
 letter in which the promise is made, the bill to be 
 drawn is described in terms not to be mistaken, and 
 so as to distinguish it from all others ; and provided 
 the bill is drawn within a reasonable time after such 
 promise. (2 Gall. 233 ; 2 Wheat. 66 ; 1 Story, 22.) 
 
 Any act of the drawee, which demonstrates an in- 
 tention to comply with the request of the drawer, will 
 
NON-ACCEPTANCE. LIABILITY OF ACCEPTOR. 21 
 
 amount to an acceptance. An expression " leave the 
 bill, and I will accept it, or a direction to a third person 
 to pay the bill " written " thereon, is a sufficient accept- 
 ance. A verbal promise that, " if the bill come back, 
 he would pay it," was held a good acceptance. 
 
 An implied acceptance may be inferred from the 
 drawee keeping the bill a great length of time, or any 
 other act which induces the holder not to protest it, or 
 to consider it as accepted. 
 
 XI. NON-ACCEPTANCE WHEN NOTICE IS NECESSARY. 
 
 Where the drawee refuses to accept a bill, the holder 
 should give immediate notice of the fact to the drawer 
 and indorsers, or such of them as he intends to look to 
 for payment. The rules as to the form, time of notice, 
 &c., apply as in the case of notice for non-payment. 
 
 In what cases it is necessary to have the bill protest- 
 ed, will be stated hereafter. 
 
 The drawer of a bill may be immediately sued after 
 notice of non-acceptance. If, however, the bill be 
 presented and accepted, the holder obtains the addi- 
 tional security of the drawee. 
 
 XII. LIABILITY OF ACCEPTOR. 
 
 An absolute acceptance is an engagement by the 
 acceptor to pay according to the tenor of the bill ; and 
 a conditional or partial one, to pay according to the 
 tenor of the acceptance. 
 
 The drawee, by accepting a bill, admits the genuine- 
 ness of the drawer's signature. If, therefore, the 
 drawee accepts a forged bill, or a bill with a larger 
 amount than that fixed by the real drawer, he will never- 
 theless be liable to pay the bona fide holder, and will 
 have no claim upon the supposed drawer. Every drawee 
 ought therefore to be careful, before accepting, to ascer- 
 tain that the signature of the drawer is genuine, and 
 that there has not been substituted for payment a larger 
 sum than that really required by the drawer. 
 
 But the drawee, by accepting, does not admit the 
 genuineness of the signatures of the indorsers; and the 
 holder, in order to recover of the acceptor, must be 
 
22 ACCEPTANCK FOR HONOK. 
 
 able to prove that the signatures of the indorsers, 
 through whom he claims, are genuine. 
 
 The acceptor of a bill is the principal debtor, and 
 the drawer and indorsers are to be regarded as sure- 
 ties ; and nothing will discharge the acceptor, but pay- 
 ment or release. He is bound, though he accepted 
 without consideration, and for the sole accommodation 
 of the drawer. And if he agrees to accept a bill, al- 
 though he has no funds in his hands, and the bill is 
 drawn on the faith thereof, and he afterwards refuses 
 to accept it, or to pay it, he will be liable to the draw- 
 er for the loss and expense, which his refusal may 
 have occasioned him. 
 
 XIII. ACCEPTANCE FOR HONOR. 
 
 A third person, after protest for a non-acceptance by 
 the drawee, may intervene, and become a party to the 
 bill, by accepting and paying the bill, for the honor of 
 the drawer, or of a particular indorser. His acceptance 
 is termed an acceptance supra protest, and he subjects 
 himself to the same obligations as if the bill had been 
 directed to him. 
 
 The mode of acceptance is, for the acceptor person- 
 ally to appear before the notary with witnesses, and 
 make declaration that he accepts said bill in honor of 
 the drawer or indorser, and that he will ratify the same 
 at the appointed time ; and he then subscribes the 
 same thus, '* Accepted supra protest, in honor of A. B." 
 
 In order to make the liability of the acceptor supra 
 protest complete and absolute, the bill must be duly 
 presented for payment, at the time it falls due, to the 
 original drawee, notwithstanding; because, between 
 the time of such refusal and the time when the bill 
 would fall due, effects may have reached the drawee, 
 out of which he might, if the bill were presented again, 
 pay the bill ; and if the bill is not paid, it must be du- 
 ly protested for non-payment, and due notice given to 
 the acceptor supra protest. 
 
 The acceptor supra protest has his remedy against 
 the person for whose honor he accepted, and against 
 all the parties who stand prior to that person. If he 
 takes up the bill for the honor of the indorser, he 
 
OF THE INDORSEMENT OF A BILL OR NOTE. 23 
 
 Stands in the same position as a bona fide indorsee, and 
 has the same remedies to which an indorsee would be 
 entitled against all prior parties. 
 
 The holder of a bill is not obliged to take an accept- 
 ance supra protest. 
 
 XIV. OP THE INDORSEMENT OP A BILL OR NOTE. 
 
 The payee, or person legally interested in the instru- 
 ment, or his agent, must himself make the first indorse- 
 ment or transfer. A transfer by indorsement vests in 
 the indorsee a right of action against all the parties 
 whose names are on the bill or note, in case of default of 
 acceptance or payment, and against an innocent in- 
 dorsee for value; no prior party can set up the defence 
 of fraud, duress, or want of consideration.* 
 
 The indorsement is an implied contract that the in- 
 dorser has a good title, and that the antecedent names 
 are genuine ; that the bill or note shall be duly honor- 
 ed or paid, and if not, that he will, on due protest and 
 notice, take it up. 
 
 If a blank note or check be indorsed, it will bind 
 the indorser to any sum, or time of payment, which the 
 person to whom he indorses the paper may insert in it. 
 
 A bill cannot be indorsed for part of its contents 
 after its acceptance ; but if paid in part, may be in- 
 dorsed as to its residue. 
 
 An indorser may so qualify his indorsement as to 
 free himself from all liability ; as if he should add, 
 "at his own risk," ox "without recourse;" in which 
 case, although the prior and subsequent indorsers 
 would be liable, yet he would be free from all liability, 
 by reason of his special indorsement. Each indorser 
 becomes liable to all subsequent holders. 
 
 If a person (not the payee) endorses a note when it 
 is made, he will be liable at all events not as endorser, 
 
 * The rule that a bill or note payable to order must be transferred by- 
 endorsement, applies only to make it negotiable, so that the holder may 
 sue in his own name ; for it may be transferred by delivery only, so as to 
 enable the assignee to maintain an action on it in the name of the original 
 payee. But the defendant in such case may set off any demands which 
 existed ngainst the payee, before notice of the assignment, but not subse- 
 quent ones. So a note not neorotiable, may be assigned, but the assignee 
 takes it subject to all the equities between the original parlies, existing at 
 the lime of the assignment, and notice to the maker. 
 
24 PRESENTMENT FOE PAYMENT. 
 
 but as guarantor. If he endorse it afterward, (not being 
 a regular endorser), he will be liable if his act be found- 
 ed on any legal consideration, but not otherwise. (4 
 Pick. 385; 8 Pick. 122.) 
 
 XV. PRESENTMENT FOR PAYMENT. 
 
 A bill or note must be presented for payment by the 
 holder or his agent on the day it is due, if he wishes 
 to make the indorsers liable. The presentment must 
 be made to the maker or acceptor, at the place appoint- 
 ed for payment, or at his house or residence, or regular 
 known place of business, or to him personally, if no 
 particular place be appointed. 
 
 The insolvency or death of the maker or acceptor, 
 however notorious, will not excuse the neglect to make 
 due presentment. If he be dead, presentment must 
 be made to his personal representative, whether execu- 
 tor or administrator, and if there be neither, then at 
 the house of the deceased. 
 
 Where a note is made payable " at either of the 
 hanks," in a large city, where there is a large number 
 of banks, the holder may present it at any one of the 
 banks which he may select, and it will be a sufficient 
 presentment. 
 
 Where a note is made payable at a particular place, 
 as at a certain bank, it is sufficient for the holder to 
 present it at the specified place, and if dishonored there, 
 the drawer and indorsers will be liable upon due notice. 
 Where no place of payment is specified on the note, 
 the presentment ought to be made to the maker person- 
 ally, or at his dwelling-house, or place of business. 
 
 A presentment at the maker's place of business is 
 sufficient, if made in business hours, even if it be shut, 
 and* no person left there to answer inquiries. So a 
 presentment at the residence of the drawee or maker 
 is sufficient, even if he be out of town at the time. But 
 if the maker removes his residence, or place of busi- 
 ness, between the time the note was made and when 
 It becomes due, the demand must be made at such 
 new place of business or residence if within the same 
 State with the old, provided it be known, or can by 
 due diligence be found. 
 
PKESENTMENT FOR PAYMENT. 25 
 
 Where the mnker abandons his business and resi- 
 dence, and removes into another State, before the ma- 
 turity of the note, the holder is not bound, in order to 
 charge the indorser, to demand payment of the maker 
 in the State to which he has removed ; but he is bound 
 to demand payment at the maker's last residence or 
 place of business, within the State where he made the 
 note, if he can find it by the use of due diligence. 
 
 Where a note is dated, and delivered in one State, 
 and the maker actually resides in another, it would 
 seem to be sufficient for the holder to demand payment 
 at the place where it is dated. 
 
 The presumption of law is, that the maker of a note 
 resides at the place where the note is dated ; and in- 
 quiry and demand, at that place, is sufficient. Mass. 
 Decision, 1857. 
 
 If the drawer has never resided at the specified place 
 of address, or has absconded, the holder is excused 
 from making further inquiries, after using due diligence 
 at that place. But if he has merely removed the hold- 
 er must endeavor to present the note, at the place 
 where he resides. 
 
 If the holder of a note makes diligent, though un 
 successful inquiries, to ascertain the maker's residence, 
 at the time the note falls due, it is sufficient, and will 
 be as effectual as an actual presentment. 
 
 The absence of the maker of a note on a voyage at 
 sea, if his family still reside in the State, will not ex- 
 cuse a demand of payment, because it may happen that 
 he has lefl with his family means to pay the note. Pay 
 ment may therefore be demanded of his wife or agent 
 
 It is sufficient to constitute a demand and refusal to 
 pay a note, that the maker, on the day it becomes due, 
 calls on the holder at his store, where the note is, and 
 informs him that he cannot and shall not pay it, and de- 
 sires him to give notice to the indorser, though the 
 note is not produced. 
 
 But where a note, made payable at a bank, is not 
 
 at the bank when it falls due, and no demand is then 
 
 made on the maker, the indorsee cannot charge the 
 
 indorser, by giving him seasonable notice of non-pay- 
 
 TG 3 
 
26 WHAT WILL EXCUSE NON-PRESENTMENT. 
 
 ment, although the maker had previously told the in- 
 dorsee that it would be useless to send the note to the 
 bank, because he could not pay it. 
 
 The holder must have the note in his possession, 
 ready to be delivered up, vchen the presentment for 
 payment is made.* 
 
 XVI. WHAT WILL EXCUSE NON-PRESENTMENT. 
 
 We have seen that where the holder uses due dili- 
 gence to ascertain the residence of drawee or maker, 
 and is unsuccessful, it is as effectual as an actual pre- 
 sentment. 
 
 So where a note is made for the accommodation of 
 a particular indorser, the non-presentment of the note 
 to the maker for payment, will not discharge such in- 
 dorser from liability, as he is in fact the real parly ow- 
 ing on the note ; but as regards all other indorsers to 
 the note, due presentment must be made. 
 
 So an indorser may waive his right to have the note 
 presented at its maturity, and in case of non-payment, 
 to have proper notice of the fact. The usual words, 
 where an indorser waives his right in this respect, are 
 "waiving demand and notice." But an agreement to 
 waive notice, will not excuse the party from making 
 a di\i& presentment for payment ; and care should always 
 be taken in such cases, to use language that clearly 
 imports a waiver of these rights, as courts construe 
 such language strictly. Of course, the fact that one 
 indorser has waived his right to demand and notice, 
 does not affect the rights of the other indorsers. 
 
 It is not necessary that the waiver should be in writ- 
 ing, and if it clearly appears from all the circumstances 
 that the indorser intended to waive notice, or demand, 
 or both, he will not be entitled to them. Thus, where 
 the indorsee, who lived in New York, observed to the 
 indorser, when he received the note, that he had no 
 confidence in the other parties to the note, and did not 
 know them, and should look wholly to him, and the 
 indorser replied, that he should be in New York when 
 
 • The holder of a note endorsed after it is due, is hound to demand pay- 
 ment of the malier in some reasonable time, or to make some reasonable' 
 elfons to do so. 
 
PRESENTMENT FOR PAYMENT OF NOTE ON DEMAND. 27 
 
 the note became due, and would take it up, if it were not 
 paid by any other party to it ; it was held that this was 
 a waiver of a right to notice of the dishonor of the note. 
 
 When the maker of a promissory note has assigned 
 all his property to the indorser for his security against 
 the indorsements, the indorser is considered as waiving 
 a demand on the maker, as well as notice to himself by 
 an indorsee. 
 
 If due demand on the maker be not made, or due 
 notice of non-acceptance or non-payment be not given, 
 yet a subsequent promise to pay, by the party entitled 
 to notice, be he either drawer or indorser, will amount 
 to a waiver of the demand or notice ; provided the 
 promise was made unequivocally, and with full knowl- 
 edge of the fact of a want of due diligence on the part 
 of the holder. 
 
 When a draft has been protested for non-acceptance, 
 the holder is not bound to present it at maturity for 
 payment to preserve his recourse. — Dec. N. H. 
 
 XVII. PRESKNTMENT FOR PAYMENT OP NOTE ON 
 
 DEMAND. 
 
 In the case of indorsed notes, or bills, payable on 
 demand, a presentment for payment should be made 
 within a reasonable time, in order to subject the in- 
 dorser. What is deemed a reasonable time, must, to 
 some extent, be determined by the peculiar circum- 
 stances of the case. 
 
 Where a note was made payable on demand, with 
 interest, and indorsed at the time, it was held to be a 
 reasonable construction of the instrument, that neither 
 the parties to it, nor the indorser, contemplated an im- 
 mediate demand, but all regarded the real time of 
 payment as future, and the indorsement as a continu- 
 ing guarantee. 
 
 In Massachusetts, it is provided by Statute, that a 
 demand must be made at or within sixty days, without 
 grace, from the dale of the note, in order to charge an 
 indorser who has notice thereof; a demand made after 
 sixty days discharges the indorser. 
 
 To charge an indorser of a note payable on demand, 
 he must have received notice of non-payment upon the 
 first demand on the maker. (11 Met. 400.) 
 
28 PAYMENT OF BILL OR NOTE.— DAYS OF GKACE. 
 XVIII. PAYMENT OF BILL OR NOTE. 
 
 Payment of a bill or note should be made to the 
 holder and the real proprietor of the instrument, or to 
 some person authorized by him to receive the money. 
 
 The acceptor of a bill, or maker of a note, should 
 pay it on a demand made, at any time within business 
 hours, on the day it falls due. And, if it be not paid 
 on such demand, the holder may treat it as dishonor- 
 ed ; but the acceptor has the whole of that day within 
 which to make payment. 
 
 When part of the amount of any bill or note is 
 paid, it should always be marked on the note, or the 
 party paying may be liable to pay the amount a second 
 time to a bona-fide indorsee. 
 
 The holder may bring actions against the acceptor, 
 drawer, and all the indorsers, at the same time ; but, 
 though he may obtain judgment in all the actions, yet he 
 can recover but one satisfaction for the value of the note. 
 
 Where a creditor directs his debtor to remit, by 
 post, the money due to him, by a bill of exchange, 
 or note, or where it is the usual way of paying such 
 debt, if the bill or note be lost, the one who remits is 
 not liable. But the letter containing such remittance 
 should be put in the post office by one who can prove 
 specially the delivery of it. 
 
 XIX. DAYS OF GRACE IN THE UNITED STATES. 
 
 In Maine, New Hampshire, Massachusetts, North 
 Carolina, South Carolina, Alabama, Indiana, Ken- 
 tucky, Wisconsin, Iowa and Michigan, three days of 
 grace are allowed on all bills of exchange, payable at 
 sight, or at a future day certain, and on all promissory 
 negotiable notes, orders and drafts, payable at a future 
 day certain. But the rule of giving three days' grace 
 on sight drafts is said not to prevail in Vermont, Rhode 
 Island, Connecticut, New York, New Jersey, Penn- 
 sylvania, Delaware, Maryland, Virginia, Georgia, Mis- 
 sissippi, Missouri, Tennesse?, Illinois, Arkansas, Cali- 
 fornia and Florida. 
 
 No days of grace are allowed on bills, &c., payable 
 on demand ; and if no time of payment is expressed on 
 the note, it is treated as one payable on demand. 
 
NOTICE TO INDORSERS. 29 
 
 Where days of grace are by law allowed on bills'or 
 notes, they are not considered due until the expiration 
 of the days of srrace.* It ,would therefore be equally 
 unseasonable to demand payment before the third day 
 of grace, as after the day. The demand must be 
 made on the third day of grace, unless it happens to 
 fall on Sunday, or some public day, when the demand 
 should be made on the second day of grace, otherwise 
 the drawee of the bill, and the indorser of the note, 
 are discharged. 
 
 The demand must be made at seasonable hours; as, 
 within business hours, if made at the maker's place of 
 business ; or within the usual hours for a family to be 
 up, if made at his dwelling-house; otherwise the de- 
 mand is not good. So a note payable at a bank, must 
 be paid within bank hours. 
 
 XX. NOTICE TO INDORSEES. 
 
 It is not sufficient for the holder of a bill or note, to 
 show that he has made a demand, or used due diligence 
 to obtain the money of the drawee or maker ; but he 
 must give seasonable notice to the drawer or indorsers, 
 or their authorized agents, that the note or bill has been 
 dishonored, otherwise they will not be liable. 
 
 The holder of a bill or note, therefore, should, im- 
 mediately upon its dishonor, give due notice thereof to 
 all the parties he intends to look to for payment. 
 Any indorser who has received seasonable notice is 
 liable, although no notice be given to the drawer or 
 prior indorsers, as the holder need give notice to no 
 one, excepting such as he wishes to hold liable. The 
 indorser, therefore, on receiving notice of the dishonor 
 of a bill or note, should give immediate notice to the 
 drawer and indorsers to whom he means to resort. A 
 notice, however, from the holder to any other party, 
 will inure to the benefit of every other party, coming 
 
 * In computing the time a bill or note has to run, tlie day of its date must 
 alwa^'S be excluded ; so must tile day upon which it falls due, in comput- 
 ing the days of grace, upon the last of which it must be presented ; there- 
 fore, if a bill, payable ten days after sight, be presented on the first day of 
 a month, the ten days expire on the eleventh, and the bill, by the addition 
 oi the days of grace, when there are three, becomes due on the fourteenth. 
 
 TG 3* 
 
30 NOTICE TO INDORSEES. 
 
 between the person giving the notice, and the person 
 to whom it is given. 
 
 The notice must be given by the holder or his au- 
 thorized agent; and notice by a mere stranger will 
 not be sufficient. If the holder is a bankrupt or in- 
 solvent, then notice by his assignee will be sufficient. 
 
 Wherethe parties to be notified reside in the same 
 town or:oity with the holder, they must have personal 
 notice iof the dishonor of the bill or note, either verbal- 
 ly or in writing ; or a written notice must be left at 
 theindwelteBg-house or place of business. Either 
 modes Is ^afficient ; but one or the other must be ob- 
 served/ unless it is prevented by the act of the party 
 entitled to the notice. 
 
 Where the parties do not live in the same town with 
 the holder, the notice may be sent by mail or by a 
 private hand. It is usual to send by mail, and that 
 perhaps is the better way. Where the holder lives in 
 the same town with a party to be notified, it will not be 
 sufficient to send the notice to the Post Office, unless 
 the holder can prove that the party actually got the 
 notice. It has been thought that in a large city, 
 where there is a penny post established, a notice sent 
 through the Post Office would be sufficient. 
 
 If the holder uses the ordinary mode of conveyance, 
 he is not required to see that the notice is brought 
 home to the party ; and putting the notice by letter 
 into the Post Office is sufficient, though the letter 
 should happen to miscarry. No proof is required of 
 its having been actually received. 
 
 To excuse a want of notice by reason of ignorance 
 of an indorser's residence, such ignorance, and due 
 diligence to discover it, must be shown on the part of 
 the owner of the note as well of the notary and bank.* 
 
 The notice must be given or sent within a reasona- 
 ble time. It is considered a reasonable time to give 
 notice the next day after the note is dishonored. If 
 notice is to be sent by mail, it should be put into the 
 Post Office time enough for the first mail on the day 
 
 * When the notice stated that the note had been this day presented for 
 payment, and refused, and the notice was without date, held, that the notice 
 was defective. 
 
WHEN IS WANT OF NOTICE EXCUSED. 
 
 next after that on which it is dishonored. Thus, if the 
 third day of grace be Tuesday, and the note or bill is 
 dishonored, and the drawer or indorser live out of 
 town, the notice may be sent on Tuesday, but it must 
 be put into the Post Office on Wednesday. The same 
 rule, as to the time of notice, applies where the in- 
 dorser and holder live in the same town. 
 
 Each party, successively, into whose hands a dis- 
 honored note may pass, is allowed, it would seem, one 
 entire day, for the purpose of giving notice. If the de- 
 mand be made on Saturday, the notice may be given 
 on Monday. 
 
 Where there is no post, the ordinary mode of con- 
 veyance, such as the first ship, or carrier, is sufficient. 
 But there is considerable risk in sending notice by a 
 private hand, where there is a regular post ; for, if 
 the notice arrive later by the former than the latter, 
 the parties may be discharged. Notice to one of sev- 
 eral partners is equivalent to notice to all. 
 
 XXI. WHEN IS WANT OP NOTICE EXCUSED. 
 
 If the drawee refuses to accept, because he has no 
 effects of the drawer in hand, and the drawer had no 
 right to draw, and no right to expect his bill would 
 be paid, protest and notice to the drawer are not ne- 
 cessary. This exception applies only to the drawer, 
 and not to the indorser of a bill drawn without funds ; 
 and it is advisable even, to give due notice to the draw- 
 er, to avoid any mistake ; for if the drawer should 
 suffer any detriment by reason of not having notice, 
 he would probably be discharged. 
 
 If the holder or his agent goes to the place of busi- 
 ness or dwelling-house of the person entitled to notice, 
 within seasonable hours, and finds the place shut, and 
 no person there to receive notice, he is not obliged to 
 go a second time, or even to leave a notice. If, howev- 
 er, the party entitled to notice, has changed his resi- 
 dence, notice should be sent to his new residence. 
 
 The holder is also excused for not giving regular 
 notice to an indorser, of whose place of residence he 
 is ignorant, provided he uses reasonable diligence to 
 
32 FORM OF NOTICE. — PROTEST, WHEN NECESSARY, 
 
 discover where the indorser may be found. And where 
 he has used reasonable diligence to discover the resi- 
 dence of the indorser, notice given as soon as it is' dis- 
 covered is due notice. 
 
 Notice may be waived by an express agreement be- 
 tween the parties, in the same manner as a demand for 
 payment, which see. 
 
 XXII. FORM OF NOTICE.* 
 
 There is no precise form of words necessary to be 
 used in giving notice of the dishonor of a bill or note, 
 but the language used must be such as to convey notice 
 to the party what the bill or note is, that payment has 
 been refused by the maker or acceptor, and that the 
 holder looks to him for the amount. The notice may 
 be given verbally or in writing, and must give infor- 
 mation of the fact, that the note is dishonored by the 
 fault of the maker. 
 
 Thus, a notice given to the indorser of a note, mere- 
 ly stating that the person giving notice holds the note, 
 and that it is due and unpaid, and demanding payment, 
 is not sufficient to charge the indorser ; for it does not 
 inform him that demand has been made of the promisor, 
 and payment refused, or in any other way, by express 
 declaration or reasonable implication, give him infor- 
 mation that the note was in fact dishonored. 
 
 XXIII, PROTEST, WHEN NECESSARY. 
 
 Foreign bills as distinguished from inland bills, are 
 such as are drawn or payable, or, both, abroad, or in a 
 foreign state. 
 
 * New York, Jan. 1, 1S5S. 
 
 Please to take notice that a promissory^ note for dollars, made by A. 
 
 B. and indorsed by you, dated , having been duly presented and pay- 
 ment thereof demanded, which was refused, is therefore protested for non- 
 payment, and that the holders look to you for payment thereof. 
 
 C. D., NotaryPublic 
 
 Boston, Tan. 1, 1858. 
 
 Sir:— A promissory note, for $ , dated , sig^ied — , payable to 
 
 the order of , at indorsed by , having been protested by me this 
 
 day for non-payment, I hereby notify you that the holder looks to you for 
 payment, interest, cost and damages, payment having been duly demanded 
 and refused. 
 
 Done at the request of the Cashier of the Bank. 
 
 E. F., Notary Fuilie 
 
PKOTEST, WHEN NECESSAKY. 33 
 
 A bill drawn in one state and payable in another, is 
 a foreign bill, so as to make the protest admissible in 
 evidence, although all the parties were residents in the 
 state where the bill was drawn. — Decision in Mass. 
 
 If the bill be dishonored, the holder should have it 
 immediately protested, and the protest should be made 
 by a notary-public , but if none can be procured, it is 
 said that it may be made by an inhabitant, in presence 
 of two witnesses. (Bayley, 259.) 
 
 With respect to an Inland Bill, or Note, for which 
 the law does not require a protest, it is sufficient, in 
 all cases, to give notice of non-payment, to entitle the 
 holder to claim interest of the drawer. 
 
 By the general law-merchant, no protest is required 
 to be made upon the dishonor of any promissory note ; 
 but it is exclusively confined to foreign bills of exchange. 
 Neither is it a necessary part of the official duty of a 
 notary to give notice to an indorser of the dishonor of 
 a promissory note. But a state law or general usage 
 may overrule the general law merchant in these re- 
 spects. — Decision in U. S. C. 
 
 Where a protest is necessary, it is not indispensable 
 that it should be made by a person who is a notary, (ib.) 
 
 The protest ought to be specific, as to the mode in 
 which the notices were given, by stating whether they 
 were verbal or in writing; and if in writing, whether 
 the writing was delivered to the person notified, or de- 
 spatched by some other mode of conveyance, and, if 
 the latter, by what mode, and when sent, and to what 
 place addressed. But if the protest be defective, the 
 necessary facts may be supplied by other proof. — Deci- 
 sion in Maine. 
 
 The relation which exists between a notary and the 
 holder of a note, with regard to the protest of the note, 
 and notice to indorsers, is that of principal and agent, 
 and no more strict performance of duty is required of 
 the notary than is indicated by the uniform practice of 
 the place where the note is protested. — Decision in 
 New VorJc. 
 
34 LOSS OF BILL OR NOTE. 
 
 A drawer or indorser of a foreign bill of exchange is 
 liable to the expenses of the protest, and to a rate of 
 damage established by law or usage. 
 
 Whether an accommodation note can be protested 
 for non-payment, so as to authorize a charge against 
 the maker and his sureties for notarial fees? At any 
 rate a protest is unnecessary. — Decision in Alabama. 
 
 A protest of a promissory note is not absolutely ne- 
 cessary, (I Yeates, 147,) nor of an inland bill of ex- 
 change, (6 Wheat, 146; 8, 326.) 
 
 XXIV. LOSS OP BILL OR NOTE. 
 
 In case of the loss of a bill or note, transferable by 
 mere delivery, any person who has, previous to its be- 
 coming due, given a bonajide consideration for it may 
 enforce payment against the acceptor or other parties, 
 notwithstanding he derived his interest in the instru- 
 ment from the person who found or stole it. And, if 
 a lost or stolen bill or note, transferable by mere deliv- 
 ery, and for which no consideration has been given, be 
 presented to the drawee at the time of its befcoming 
 due, and he pay it before he has notice of the loss or 
 robbery, he will not be liable to pay it over again. But 
 when a bill or note transferable only by indorsement, 
 and not indorsed, is lost by the person entitled to in- 
 dorse, no person getting possession of it by a forged 
 indorsement will acquire any interest in it, although 
 he gave a sufficient consideration for it, and was not 
 aware of the forgery. And in such a case, if pay- 
 ment has been obtained by a bona fide holder from 
 the drawee, such payment will not be protected. 
 
 In case of the loss of a bill, to entitle the holder to 
 recover, he should immediately give notice thereof to 
 the acceptor, and all the antecedent parties ; and when 
 the bill is transferable by mere delivery, should also 
 give public notice of the loss: but this will not be 
 available unless notice of the loss be brought home to 
 the knowledge of the party taking the bill. 
 
 If a note or bill of exchange be lost, and the party 
 prove the fact on his oath, he may still recover upon 
 it; but if negotiable he may be required to tender a 
 bond of indemnity both to the maker and indorser 
 
ALTERATION OF A BILL OR NOTE. 35 
 
 against all claims, that may afterwards arise, from such 
 lost instrument. 
 
 In all cases where the law provides no relief for the 
 loss of a bill or note, a court of equity will, on suffi- 
 cient indemnity being given, enforce the payment of it. 
 
 An action may be brought on a lost negotiable note, 
 which had not been negotiated at the time of its loss. 
 
 XXV. ALTERATION OF A BILL OR NOTE. FORGERV. 
 
 It is a general rule of law that, if a bill or note, after 
 it has been once issued, or after the time it was origi- 
 nally payable, be materially alterefl in any respect, as 
 in the date or sum, or time of payment, ( I Taunt. Rep. 
 430,) all patties, who were not consenting to such 
 alteration, will be absolutely released from their re- 
 sponsibility, although the alteration should have been 
 made by a person not a party to the bill or note. But 
 a bill is capable of alteration before it has passed into 
 a state of negotiation, particularly if the alteration be 
 made for the correction of a mistake, or in furtherance 
 of the original intention of the parties, and that it be 
 made with the acquiescence of the parties. 2 Starh. 45. 
 
 It is not, however, prudent to make any alteration, 
 even of the most trivial character, in a bill or note. 
 
 Forgery. — The forgery of bills or notes, or of any 
 part of them, and the passing of them knowing thera 
 to be forged, are respectively felonies. 
 
 To misapply a genuine signature, to sign the name 
 of a fictitious non-existing person, or to sign a man's 
 own name with an intention that the signature should 
 pass for the signature of another person of the same 
 name, are as much forgeries as to fraudulently write 
 the name of an existing person. Every fraudulent al- 
 teration amounts to forgery. 
 
 If money be paid under a mistake as to facts, it may 
 be had back. If, therefore, a forged note be discount- 
 ed, the person discounting, on discovery of the forgery, 
 may recover the money. But he cannot recover if 
 there have been any fault or negligence on his part. 
 So, if the drawer of a bill, by any act of his, facilitated 
 or gave occasion to the forgery, he must bear the loss 
 himself, but not if otherwise. 
 
36 BANKS AS AGENTS. HOLDERS OF CHECKS. 
 
 XXVI. LIABILITIES OP BANKS AS AGENTS. 
 
 A bank receiving for collection a bill of exchange 
 drawn here upon a person in another State, is liable 
 for any neglect of duty in its collection, arising from 
 its own officers, correspondents or agents. — New York 
 Decisions, 2 Wend. 215. 
 
 A bank that receives from another bank, for collec- 
 tion, a note endorsed by the cashier of that bank, is 
 bound to present it to the maker for payment, at matu- 
 rity, and if not paid, to give notice to the bank from 
 which the note is received, is not bound, unless by 
 special agreement, to give notice to the other parties 
 to the note. — Mass. Decisions. 
 
 LIABILITIES OF HOLDERS OP CHECKS. 
 
 Checks, or Drafts, are orders addressed to the cash- 
 ier of a bank, or a banker, directing him to pay the sum 
 specified in the check to the person named in it, or 
 bearer [or order] on demand. 
 
 In point of form, a check nearly resembles a bill of 
 exchange, except that it is generally payable to bearer, 
 and should be drawn upon a bank, or regular banker; 
 though this latter point is not essential. When payable 
 to bearer, it is assignable by delivery only ; and is pay- 
 able instantly on presentment, without any days of 
 grace being allowed. But when payable to order, it 
 must be indorsed before it can be collected. 
 „,N?. Traders Bank. 
 S^g'^- , B , Jan. 6, 1858. 
 
 i^&y to John Williams, or bearer, one hundred and 8% dollars. 
 To the Cashier. William Broker. 
 
 It IS difficult to define what is the due or reasonable 
 time within which checks should be presented. A 
 man is not obliged to neglect all other business, that 
 he may immediately present one : nevertheless it is the 
 .safest plan to present it without any avoidable delay; 
 and if received in the place where payable, it had 
 better be presented that day, or next at furthest. 
 
 Payment for a check before due is contrary to the 
 usual course of business ; and, therefore, when a banker 
 paid a check a day before it bore date, which had been 
 lost, he was liable to repay the amount to the loser. 
 
DAMAGES ON PROtESTED BILLS OF EXCHANGE. 37 
 
 A creditor is not bound to take a check on a bank, 
 transmitted to him as payment of his debt, and he may 
 commence an action for the debt while the check is 
 yet in his hands. 
 
 A check on a bank payable at a future day, is not a 
 bill of exchange, and requires no notice ot dishonor. 
 
 DAMAGES ON PROTESTED BILLS OF 
 EXCHANGE. 
 
 (Ab regulated by the Statutes of the different States.) 
 
 Maine. — Payable out of the state, and in New Hamp- 
 shire, Vermont, Massachusetts, Rhode Island, Con- 
 necticut, or New York, 3 per cent ; in New Jersey, 
 Pennsylvania, Delaware, Maryland,Virginia, District of 
 Columbia, South Carolina or Georgia, 6 per cent; and 
 at the rate of 9 per cent if payable in any other state ; 
 and within the state, at not less than 75 miles distant, 
 in sums of f 100 and over, 1 per cent. Payable out of 
 the United States, 10 per cent. 
 
 New HampsTiire and Vermont. — In these states there 
 are no statute provisions on the subject. The usual 
 practice has been to charge the rate of damages exist- 
 ing at the point where the bill was payable. 
 
 Massachusetts. — Payable out of the United States, 
 except beyond the Cape of Good Hope, 5 per cent ; 
 in Africa or Asia, beyond the Cape, 20 per cent ; in 
 Maine, New Hampshire, Vermont, Rhode Island, Con- 
 necticut and New York, 2 per cent; in New Jersey, 
 Pennsylvania, Delaware and Maryland, 3 per cent ; in 
 Virginia, District of Columbia, Georgia, and North 
 and South Carolina, 4 per cent ; elsewhere in the United 
 States or Territories, 5 per cent,, with interest and 
 costs. Within the state, not less than 75 miles distant, 
 in sums not less than $100, one per cent. 
 
 Rhode Island. — Payable without the United States, 
 TO per cent; in other states 5 per cent. 
 
 Connecticut.— V Ay Me in the City of New York, 2 
 per cent ; in New Hampshire, Maine, Vermont, Mas- 
 sachusetts, Rhode Island, New York (out of the city,) 
 New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
 
 TG 4 
 
38 DAMAGES ON PROTESTED BILLS OF EXCHANGE. 
 
 gnia, or District of Columbia, 3 per cent. ; in North 
 Carolina, South Carolina, Georgia or Ohio, 5 per cent; 
 in any other State or Territory, 8 per cent. 
 
 New Yorh. — Payable in Maine, New Hampshire, 
 Vermont, Massachusetts, Rhode Island, Connecticut, 
 New Jersey, Pennsylvania, Ohio, Delaware, Maryland, 
 Virginia or District of Columbia, 3 per cent ; in North 
 Carolina, South Carolina, Georgia, Kentucky or Ten- 
 nessee, 5 per cent ; at any other place in the United 
 States, or on this Continent North of the Equator, or 
 the West Indies, or elsewhere in the West Atlantic 
 Ocean, 10 per cent; in Europe, 10 per cent. 
 
 New Jersey. — [There are no statute regulations on 
 this subject in this state.] 
 
 Pennsylvania. — Payable out of this state in the 
 United States and Territories, 5 per cent, — excepting 
 the Californias, Oregon, and New Mexico, which is 
 10 per cent. ; West Coast of South America, 15 per 
 cent. ; China, India, or other parts of Asia, Africa, or 
 Islands in the Pacific ocean, 20 per cent ; Mexico, 
 Spanish Main, West Indies, or other Atlantic Islands, 
 East Coast of South America, Europe, and all other 
 parts of the world 10 per cent. 
 
 Delaware. — Payable at any place within the United 
 States, out of Delaware, 5 per cent ; at any place in 
 any foreign country, 20 per cent. 
 
 Maryland. — Payable without the state, and at any 
 place in the United States or Territories thereof, 8 per 
 cent ; in any foreign country, 15 per cent., and interest. 
 
 Virginia — Payable out of the state, at any place 
 within the United States, or Territories, 3 per cent; 
 in any foreign country, 10 per cent. 
 
 North Carolina. — Payable in any of the United 
 States, 3 per cent; at any other place in North Amer- 
 ica, on the North West Coast, in the West Indies or 
 Bahama Islands, 10 per cent ; in Madeira, the Cana- 
 ries, the Azores, Cape de Verds, or other place in 
 Europe or South America, 15 per cent ; in any other 
 part of the world, 20 per cent. 
 
 South Carolina. — Payable within the United States 
 at any place out of South Carolina, 10 per cent ; in 
 any other part of North America, or the West India 
 
DAMAGES ON PROTESTED DILLS OF EXCHANGE. 39 
 
 Islands, 12^ per cent; in any other part of- the world, 
 15 per cent. 
 
 Georgia. — Payable within the United States or Ter- 
 ritories out of Georgia, 5 per cent ; at any place without 
 the United States, 10 per cent., with legal interest. 
 
 Alabama. — Act of 1858. — The damages on Inland 
 Bills of Exchange for non-acceptance or non-payment, 
 are 5 per cent., and on foreign bills 5 per cent, on the 
 sum drawn for. Bills drawn and payable in this state 
 are, termed inland bills ; and those drawn in this state 
 and payable elsewhere are considered foreign. 
 
 Florida. — On foreign bills, and bills payable in 
 other states, 5 per cent. 
 
 Mississippi. — Payable at any place out of the state, 
 within the United States, 5 per cent; out of the United 
 States, 10 per cent, with charges and interest. 
 
 Louisiana. — Payable at any place out of the state, 
 within the United States or Territories, 5 per cent ; at 
 any place without the United States, 10 per cent. 
 
 Tennessee. — Payable without the state at any place 
 within the United States, 3 per cent ; in any other 
 place in North America, bordering on the Gulf of 
 Mexico, or in the West India Islands, 15 per cent ; in 
 other parts of the world, 20 per cent. 
 
 Kentucky.. — On foreign bills, 10 per cent damages 
 are allowed, if demanded within 18 months. On inland 
 bills, damages are governed by the law of the place. 
 
 Ohio. — Payable at any place without the United 
 States, 12 per cent ; within the United States at any 
 place out of Ohio, 6 per cent. 
 
 Indiana. — Payable at any place without the United 
 States, 10 per cent ; at any place within the United 
 States out of Indiana, 5 per cent. 
 
 Illinois. — Payable at any place without the United 
 States, 10 per cent; at any place within the United 
 States, and out of Illinois, 5 per cent. 
 
 Missouri. — Payable at any place within the state, 4 
 per cent ; out of the state, and within the United States, 
 10 per cent; at any place out of the United States or 
 Territories, 20 per cent. 
 
 Michigan. — Payable within the states of Wisconsin, 
 Indiana, Illinois, Pennsylvania, Ohio, or New York, 3 
 
40 USURY. 
 
 per cent; if within the states of Missouri, Kentucky, 
 Maine, New Hampshire, Vermont, Massachusetts, 
 Rhode Island, Connecticut, New Jersey, Delaware, 
 Maryland, Virginia or the District of ('olumbia, 5 per 
 cent!; at any other place within the United States, 10 
 per cent ; if without the U. S. the current rate of ex- 
 change at the time of demand, with 5 per cent, damages. 
 
 Arkansas. — Payable at any place within the state, 2 
 per cent; in Alabama, Louisiana, Mississippi, Tennes- 
 see, Kentucky, Ohio, Indiana, Illinois, Missouri, or at 
 any point on the Ohio river, 4 per cent; in any other 
 place in the United States, 5 per cent., but if protested 
 for non-payment, after acceptance, then 6 per cent. ; 
 at any place out of the United States, 10 per cent, 
 together with costs and interest at the rate of 10 per 
 cent, from the date of the protest. 
 
 Wisconsin. — ^Payable at any place without the United 
 States, 5 per cent., with the current rate of exchange 
 at the time of demand ; out of the state, but adjoining 
 the same, 5 per cent ; in either of the states not adjoin- 
 ing this state, 10 per cent. 
 
 Iowa. — Out of the United States and in Oregon, 
 Utah, and New Mexico, 10 per cent; in Iowa, Mis- 
 souri, Illinois, Wisconsin and Minnesota, 3 per cent ; 
 in Massachusetts, Rhode Island, Connecticut, New 
 York, New Jersey, Pennsylvania, Maryland, District 
 of Columbia, Virginia, Ohio, Indiana, Kentucky, Ten- 
 nessee, Mississippi, Louisiana, and Arkansas, 5 per 
 cent ; in any other state, 8 per cent. 
 
 Texas. — Payable out of the state, 10 per cent. 
 
 California. — Payabte within the U. S. east of the 
 Rocky mountains, 15 per cent. ; in Europe, or any 
 foreign country, 20 per cent. 
 
 Canadas. — Payable in Europe or the West Indies, 
 10 per cent damages, with six per cent interest; in 
 North America, except the West Indies, 4 per cent 
 damages, with six per cent interest. 
 
 District of Columbia. — [Rates similar to Maryland.] 
 
 USURY. 
 Laws against usury prevail in all the Slates subject- 
 ing the offender to different penalties. 
 
USURY. 41 
 
 Nothing is legally usurious but what the statutes 
 ptohibit; a usurious contract, therefore, must be so by 
 express words, or merely an evasion to avoid the stat- 
 utes. Therefore a bargain for an annuity, though un- 
 der its value, is not usurious ; yet, if the price be man- 
 ifestly greatly under value, equity would hardly permit 
 the taking of excessive interest. 
 
 But, as the statutes of usury are founded upon prin- 
 ciples of public policy, it is not consistent with that 
 policy, that those who make profit on money, with 
 comparatively little hazard, should have the same profit 
 as those who employ it in hazardous undertakings ; 
 and a reasonable commission, beyond legal interest, 
 for extra incidental charges, as upon agency for re- 
 mittance of bills, is not held to be usurious. 
 
 But where there is a borrowing and lending of mon- 
 ey, and an agreement for interest, any device to have 
 more than legal interest is usurious. 
 
 In a question of usury, the intention pf the parties 
 gives character to the transaction, and no matter what 
 the form, when the real truth and substance is a loan 
 of money at usurious interest, no shift or device can 
 take it out of the law against usury. 
 
 Every case of usury must depend on its own circum- 
 ftances ; and the intention of the parties, when it can 
 be come at, and not the words used, must govern. 
 
 Though the parties to a usurious transaction may 
 reform it by cancelling the original security, and mak- 
 ing a new obligation for the amount due after deduct- 
 ing the usury, they cannot, by any transaction between 
 them, render valid such original security. — Dec. inN. Y. 
 
 Accordingly, where the holder of a usurious mort- 
 gage indorsed thereon an amount equal to the sum 
 included in it for usury, it was held that the mortgage 
 was nevertheless void, though the indorsement was 
 made with the assent of the mortgagor. — ibid. 
 
 A bonus of ninety dollars was paid on a loan of three 
 thousand, and a note given for the amount, with inter- 
 est payable semi-annually. Jury found that the con- 
 tract was usurious, and that the forfeiture was eight 
 hundred and ten dollars, being three-fold the amount 
 of the bonus and interest for one year. — Mass. Dec, 
 TG 4* 
 
42 CONTRACTS AND AGREEMENTS. 
 
 LAW or CONTRACTS. 
 
 I. DEFINITION OP A CONTRACT. 
 
 Mr. CoMyN defines a contract an agreement or mu- 
 tual bargain between two contracting parties entered 
 into either verbally, that is by word of mouth only, or 
 in writing. When reduced into writing, it is either 
 subscribed with the hands and seals of both the con- 
 tracting parties, or merely with one or both their sig- 
 natures. Such contracts as are reduced into writing, 
 under hand and seal, are technically called deeds or 
 specialties ; and those which are merely by parol, or in 
 writing not under seal, are denominated simple con- 
 tracts. A written agreement, not under seal, is consid- 
 ered as much a simple or parol contract as an agreement 
 by mere word of mouth. 
 
 The contracts mostly in use in commercial affairs 
 are simple or ^arol contracts. 
 
 The chief legal distinctions between simple contracts 
 and contracts by specialty, or deed, it will be proper 
 to explain. 
 
 I. In support of an action on simple contract, the 
 creditor must prove it was founded on a sufficient con- 
 sideration, but in a proceeding on a contract by deed, 
 the want of consideration forms no defence to an ac- 
 tion. 2. A deed is not affected by the Statute of 
 Limitations (like an instrument not under seal.) 3. The 
 obligation of a deed can only be avoided by a release 
 under seal, and not by parol. 4. And, lastly, as a spe- 
 cial contract is considered a more deliberate and sol- 
 emn engagement than by parol, the party bound thereby 
 is not allowed to plead against any stipulation it con- 
 tains, that it was executed with a different intent to 
 what the terms of the deed itself import. 
 
 Who are capable of entering into a Contract. 
 
 Any person capable of binding himself by contract, 
 is capable of entering into an agreement. 
 
 A person Non-compos cannot enter into an agreement. 
 Contracts made during a state of drunkenness are void- 
 able, upon the ground, that it is a state of temporary 
 
OF SIMPLE CONTRACTS. 43 
 
 idiocy or lunacy. By the common law Minors cannot 
 contract, except for necessaries, such as food, clotliing, 
 medicine and education; and in judging of what are 
 necessaries, the comparative age and position of the 
 party will be considered. If one lend money to a 
 minor, it would seem that the borrower would not be 
 bound, though he lay it out on necessaries, as the ne- 
 cessity is judged of from the nature of the contract, not 
 from what the minor may do in consequence of it. A 
 Wife, during intermarriage, is incapable, without her 
 husband's consent, of acting on an agreement; except 
 with respect to such real and personal property as is 
 secured to her by deeds of trust. No sum exceeding 
 one dollar can be recovered of a Seaman in the mer- 
 chant service, for a debt contracted during the time he 
 shall actually belong to any ship or vessel, until the 
 voyage be ended. 
 
 li. op SIMPLE CONTRACTS. 
 
 He who parts with his money, property, or money's 
 worth, whether by way of sale, loan, or hire, to another, 
 or gives his labor, or executes work, or does or per- 
 forms any services for another on the faith of a promise, 
 either express or implied, of payment or remuneration, 
 ought to take care to be in a position to prove, not only 
 the promise, if express, but the consideration upon 
 which such promise was founded. 
 
 Thus he ought to be able to prove the actual loan 
 and delivery of money lent, or payment, if paid to or 
 for another, and at his request, the delivery of goods 
 or property sold or hired, or the work, labor, or ser- 
 vices, performed ; and that by a witness totally uninter- 
 ested in the subject matter of loan, payment, sale, hire, 
 or service, and not incapacitated from giving evidence 
 on his behalf. 
 
 A wife at all times and under all circumstances is 
 incapable of being a witness on behalf of her husband, 
 except in certain cases where shfe acts as his agent. 
 
 One partner cannot be a witness for his copartner, 
 if the subject matter in litigation be co-partnership 
 property ; or if the partner has any interest in it. 
 
44 WRITTEN CONTRACTS. 
 
 And indeed any one who has an interest in the mat- 
 ter litigating, is generally an incompetent person to give 
 evidence respecting it. 
 
 In all actions for the amount or price of goods, or 
 other personal property sold, the following may be con- 
 sidered as necessary to be established on the part of 
 him who seeks to establish the debt. The order or 
 agreement to purchase of the party from whom pay- 
 ment is bought, or the order or agreement to purchase 
 on his behalf by some other person legally authorized 
 by hira to give such order or make such purchase, and 
 the time or date of such order or agreement; the price 
 or amount agreed on, and promised to be paid ; the 
 time agreed on for payment, if at a period subsequent 
 to the delivery of the goods or other property to the 
 purchaser, as his lawfully authorized attorney or agent, 
 or to another person, by the order of such purchaser 
 or agent, — and the value of the goods or other property 
 sold and delivered. 
 
 Where the subject of the contract is work or labor 
 performed, or services rendered, the points necessary 
 to be established are, the hiring or engaging, the sum, 
 or amount of wages or salary at which hired, the per- 
 formance of the work or services contracted for ; and 
 that in a proper and workmanlike, or due and faithful 
 manner, and within the time specified, if time has been 
 made a part of the contract ; and the value of the work, 
 labor, or services done or performed, in case of failing 
 to establish a sum agreed on for it. 
 
 III. OF WRITTEN CONTRACTS. 
 
 One of the chief regulations for the government of 
 trading transactions is that contained in the Statute of 
 Frauds, so called, which, originally enacted in Eng- 
 land, has been substantially copied into almost all the 
 States of the Union. It provides, that " No contract for 
 the sale of goods, wares, and merchandize, for theprice 
 of ten pounds* sterling, or upicards, shall be allowed to 
 be good, except the buyer shall accept of part of the goods 
 so sold, and actually receive the same, or give something 
 
 *In Maine and MissouriitisSSO.OO; New Hampshire 33 ; Connecticut 35; 
 Vermont 40 ; Massaclmsetta, Wisconsin, Michigan, Indiana Sc N. York 60. 
 
WRITTEN COMTKACTS. 45 
 
 in earnest to bind the bargain, or in part payment ; or 
 that some note or memorandum in writing of the said 
 bargain be made and signed by the parties to be charged, 
 or their agents thereunto lawfully authorized." 
 
 The Statute also provides that no action shall be 
 brought in the following cases : — 
 
 First, to charge any executor or administrator, upon 
 any special promise to answer damages out of his own 
 estate, or. 
 
 Secondly, to charge any person, upon any special 
 promise to answer for the debt, default, or misdoings 
 of another : or 
 
 Thirdly, to charge any person, upon any agreement 
 made upon consideration of marriage : or 
 
 Fourthly, upon any contract for the sale of lands, 
 tenements, or hereditaments, or any interest in or 
 concerning them : or 
 
 Fifthly, upon any agreement that is not to be per- 
 formed within one year from the making thereof; un- 
 less the promise, contract or agreement, upon which 
 such action shall be brought, or some memorandum or 
 note thereof, shall be in writing, and signed by the 
 party to be charged therewith, or by some person by 
 him lawfully authorized. 
 
 In Maine, Massachusetts, and Vermont, no person is 
 liable by reason of any representation, recommendation, 
 or assurance, made concerning the character, conduct, 
 credit, ability, trade or dealings of any other person, 
 unless such'representation or assurance be made in wri- 
 ting, and signed by the party to be charged thereby. 
 
 JVo^e. — In Massacliuselts, Maine. Vermont, Michigan, Ohio and N. York, 
 a new promise, by a debtor, to pay a debt, which has been running more 
 than six years, and which cannot therefore be collected without a renew- 
 al of the promise, must be in vmting, signed by the debtor, otherwise it 
 will be of no force. [Sen Art. Limitations of Actions, page 65.] 
 
 It is not necessary, however, that the memorandum should be signed by 
 both parlies. It is sufficient if the name of the party charged appear there- 
 upon : and he will be bound, not only when it is signed by him^ but when- 
 ever his name is written or printed within the body thereof, by his own order, 
 or vrith his consent. 
 
46 WRITTEN CONTRACTS. 
 
 The advantages of reducing all contracts and agree- 
 ments into writing must be evident to every thinking 
 mind, and that from a principle which all acknowledge, 
 and to a certain extent, act up to — that of. reducing 
 everything, as far as practicable, to certainty. If a 
 contract is reduced to writing, a denial of it becomes 
 impossible, from even the most unprincipled ; and 
 forgetfulness of it, by one side, immaterial; since the 
 proof of its having been entered into is in the possession 
 or power of the other side ; and any disagreement as to 
 its nature, terms or conditions, will be less liable to 
 arise than if left to unassisted memory. 
 
 And it should be matter of peculiar attention, in a 
 written contract, that all particulars and material cir- 
 cumstances connected with it are embodied in it. With 
 a view to certainty it should ever be borne in mind 
 that, where parties themselves make and fix their own 
 terras, it is to be and is presumed that they, knowing 
 their own intentions and engagements, will provide for, 
 express, and settle them ; and therefore where a con- 
 tract, the terhns of which have been expressly fixed by 
 the parties, is brought before a court of law, if it should 
 turn out that one of the parties to it had omitted to 
 cause a clause to be inserted, providing for a contin- 
 gency which has subsequently happened, he will be 
 without a remedy ; the court not rectifying the errors 
 or supplying the omission of the parties, but giving 
 effect to the contract as it actually and really subsists. 
 
 If the terms of a written contract are ambiguous, 
 they may be explained verbally ; but no evidence to 
 contradict what is written, by showing that the parties at 
 the time intended something different, can be offered, 
 unless there has been fraud. 
 
 It is not necessary that the terms and conditions of 
 a contract, when in writing, should all be specified in 
 the same document ; they may be contained in several 
 papers, such as letters, from which the whole terms 
 may be collected ; it must, however, be clear that there 
 is a distinct agreement between the parties — that 
 there has been a proposal on one side, and an accept- 
 ance of such proposal on the other. 
 
WKITTEN CONTRACTS. 47 
 
 l5^ — Contracts must he founded on some consideration. 
 
 All contracts are void unless founded on some con- 
 sideration. A valid and sufficient consideration or 
 recompense for making, or motive or inducement to 
 make the promise upon which a party is charged, is of 
 the very essence of a contract not'under seal, and must 
 exist, although the contract be reduced into writing; 
 otherwise the promise is void, and no action can be 
 maintained thereon. 
 
 All promises, therefore, which are wholly gratuitous, 
 are void for want of consideration. To make a promise 
 binding, the party making the promise must have ob- 
 tained some advantage, or the party to whom it is made 
 must have suffered some loss or sustained some injury 
 and inconvenience, in consequence of the one party 
 making and the other accepting the promise. 
 
 It is not, however, necessary, in order to constitute 
 a sufficient consideration, that a benefit should accrue 
 to the person making the promise ; it is sufficient that 
 something valuable flows from the person to whom it is 
 made, and that the promise is the inducement to the 
 transaction. Thus, where a benefit is done to a third 
 person, at the request of the promiser, it is sufficient to 
 support the promise. 
 
 Inadequacy of consideration will not render a prom- 
 ise of no force ; for if a contract is deliberately made, 
 without fraud, and with a full knowledge of all the cir- 
 cumstances, the least consideration will be sufficient. 
 2c?. — Promise to pay the Debt of another, when Binding. 
 
 It has been seen, that a promise to pay the debt of 
 a third person must be in writing, or it is of no force. 
 
 It is not necessary, however, that the promise should 
 be in writing, if the party sought to be charged has 
 acted and been treated as the principal debtor, and not 
 merely as surety for the debt of a third 'person. 
 
 Thus, the sale may be to one man, although the 
 goods are to be delivered to another, and a person may 
 promise as the real debtor, and not in the character of 
 a surety, to pay for goods supplied to or for work done 
 at his request, or by his directions for a third party ; 
 and if he has been treated by the person who furnished 
 
48 WRITTEN CONTRACTS. 
 
 the goods or did the work, as the party liable, and 
 credit has been given to him, his promise or under- 
 taking to pay is not a collateral promise to answer for 
 the debt of another. 
 
 In order to determine whether the party giving the 
 undertaking or making the promise of payment is pri- 
 marily or collaterally liable, the attending circum- 
 stances and the situation of the parties must be re- 
 garded, as well as the exact expressions used. If the 
 seller has made the party to whom the goods have been 
 furnished his debtor, if he describes him as such in his 
 books, or in letters, he can only treat the other as a 
 surety, and his promise to be binding must be in writ- 
 ing. " I always," said an eminent judge, " require 
 the tradesman to produce his books to see to whom 
 credit has been given." (2 C. & M. 430.) 
 
 A promise to pay the debt of a third person must 
 not only be in writing, but it must be for a valuable 
 consideration. The following examples will explain 
 what is requisite to make such a promise valid: — 
 
 As my brother owes you $28 for boots and shoes, I will pay you that 
 sum for him on the 1st of next month. 
 
 Thos. Noakgs. 
 To Mr. Jones. Ist Jan., 1S58. 
 
 This written undertaking is not binding, because it 
 is for the debt of another person, which is already in- 
 curred, and there is no new consideration to support it. 
 Had it been thus worded : — 
 
 In consideration of your undertaking: not to arrest ray brother, (who is 
 about to leave the state,) for the debt of $28 "which he owes you for boots 
 and shoes, I hereby undertake to pay the amount on the 1st of next month. 
 / Taos. NoAKEs. 
 
 To Mr. Jones. 1st Jan., 1858. 
 
 it would have been valid ; because the ct)nsideration 
 for it was the forbearing to arrest the brother. So a 
 promise thus worded : — 
 
 To Messrs. A. & B.— Gentlemen,— I hereby undertake to pay for any 
 goods which you may deliver to Mr. S." 
 
 would be valid ; as it is evident that A. & B. delivered 
 the goods to S. on the above undertaking ; and it is 
 the undertaking which is the consideration for the de- 
 livery of the goods. 
 
 Anything, however trifling, done by one party for 
 the benefit of the other, will be a legal consideration. 
 
VERBAL CONTRACTS. 49 
 
 IV. OP VERBAL CONTRACTS. 
 
 These are either express or implied. 
 
 By express contracts are meant those wherein noth- 
 ing is left to be implied or supposed, but the terms of 
 which are fixed and expressed by the parties to such 
 contracts, being created by the words of such parties. 
 
 As if A undertakes to perform a certain act, as to 
 build a house for a given sum, this is an express con- 
 tract. 
 
 By implied contracts are meant such wherein the 
 terms thereof really exist, though no expression of as- 
 sent thereto, or adoption thereof, has been given by 
 the contracting parties ; it being supposed by the law, 
 to have been their meaning and intention to make 
 those terms ; and, therefore, the law implies such. For 
 example — , 
 
 If A employs B to build a house, for which B is to 
 be paid a fair and reasonable sum, it is not sufScient 
 that B performs his part of the contract by running up, 
 in an improper and unworkmanlike manner the four 
 walls, and other necessary parts of the building; in the 
 absence of all agreement on the subject, there is an 
 implied contract on his part to build such house in a 
 proper and workmanlike manner. This is an implied 
 contract. Again, on the indorsement of a bill of ex- 
 change, it is implied that, if the drawer or acceptor do 
 not pay the amount of it to him to whom it is indorsed, 
 the indorser will pay it on having due notice of its non- 
 payment. 
 
 Proof of a verbal agreement will be admitted both in 
 law and equity to control a written agreement, when 
 the detection of fraud renders such proof necessary, 
 but not otherwise. 
 
 A sealed contract may be waived by a new verbal 
 agreement. Where a plaintiff, by an instrument un- 
 der seal, agreed to erect a building at a fixed price, 
 which was not an adequate compensation, and after 
 part fulfilment, refused to proceed, and the defendant, 
 as an inducement, told him that he should be paid for 
 TG 5 
 
50 EXPRESS CONTRACTS. 
 
 his labor and materials, and should not sufter, — and 
 he went on and finished the building, it was held that 
 he was entitled to recover in assumpsit upon the parole 
 promise. (9 Pick. 298.) 
 
 V. OP EXPRESS CONTRACTS. 
 
 Where there is an express contract no different con- 
 tract can be implied ; the courts of law dealing with 
 an express contract in the same manner as if it had 
 been reduced to writing, with this difference, that every 
 verbal contract is open to objection, and to be opposed 
 by parol evidence, that is, evidence by word of mouth. 
 A verbal contract stated by one party to have been 
 made in certain precise terms may be denied by the 
 other side to have been so made, and though truth may 
 ultimately prevail, (we say " may" for it is not possible 
 always to arrive at the truth ; and if the truth cannot 
 be arrived at, and some decision must be come to, that 
 decision will be made according to what is proved, and 
 that will be taken to be the truth, though possibly it 
 may not be,) yet there is a possibility of difficulty and 
 doubt in all verbal contracts; and, therefore, they can- 
 not, even though express, be reduced to the same 
 certainty as written contracts. 
 
 It may be laid down, that every contract or engage- 
 ment entered into between two or more parties, in 
 which they themselves provide for and fix, though 
 verbally, the terms and conditions of the contract or 
 engagement, without leaving any part of it to implica- 
 tion, or to be supplied by presumption of law, may be 
 called express. 
 
 And some contracts, though express, may involve, in 
 addition to the express contract, an implied one; but 
 such implied contract cannot be different, or contrary 
 to, or inconsistent with, the express contract. For 
 example : — 
 
 In the instance before stated of a builder engaging 
 to build a house for a given sum ; this is an express 
 contract, and this farther implied contract is involved 
 therein, though not expressed (if the consideration be 
 fair and reasonable), that he shall do the work in a 
 proper and workmanlike manner. 
 
IMPLIED CONTRACTS. 51 
 
 VI. OP IMPLIED CONTRACTS. 
 
 Implied contracts are those which arise, not from 
 the special agreement of the parties, but from the cir- 
 cumstances of the case.* 
 
 If I employ a person to transact any business for 
 me, or perform any work, the law implies that I under- 
 took to pay him so much as his labor deserved. 
 
 If one take up goods or wares of a tradesman, without 
 expressly agreeing for the price, there is an implied 
 understanding that the value of them shall be paid. 
 
 Another implied undertaking is when one has re- 
 ceived money belonging to another, without a consid- 
 eration given on the receiver's part ; for the law con- 
 strues the money received for the use of the owner 
 only, and implies that the person so receiving it, un- 
 dertook to account for it to the owner. And if he 
 unjustly detain it, damages may be recovered. So, 
 money paid by mistake, or on a consideration which 
 happens to fail, or through imposition, extortion, or 
 oppression, or where any undue advantage is taken, 
 may be recovered back. 
 
 When a person has laid out and expended his own 
 money for the use of another, at his request, the law 
 implies a promise of repayment. 
 
 Upon a stated account between two merchants or 
 other persons, the law implies that he against whom the 
 balance appears, has engaged to pay it to the other, 
 though there be not any actual promise. Actions, 
 however, to compel a person to bring in and settle his 
 account are now seldom used ; the most effectual way 
 to settle these matters, is to file a bill in equity, when a 
 discovery may be had on the defendant's oath, without 
 relying merely on the evidence which the plaintiff may 
 be able to produce. 
 
 Every one who undertakes any office, employment, 
 trust, or duty, such as a public officer, banker, an at- 
 torney, carrier, wharfinger, factor, or the like, contracts 
 with those who employ or entrust him, to perform it 
 with integrity, diligence and skill. And if, by the want 
 
 * This la-wr also applies to ihe rights and liabilities of Common Carriers ; 
 a subject fully treated in the *' Shipper's and Carrier's Assislatit, and Ma- 
 line and Inland Insurer's Guide," one of this series. Price 25 cents, 
 
52 IMPLIED CONTRACTS. 
 
 of either of these qualities, any injury accrues to indi- 
 viduals, they have their remedy and damages by a 
 special action on the case. 
 
 With an innkeeper, there is an implied contract to 
 secure his guest's goods in his inn; with a common 
 carrier, to be answerable for the goods he carries ; with 
 a common farrier, that he shoes a horse well without 
 laming him ; with a tailor, shoemaker, or other work- 
 man, that he performs his business in a workmanlike 
 manner ; with a consignee that he will be vigilant and 
 careful in receiving and forwarding goods entrusted to 
 his care ; and, upon refusal to receive goods consigned 
 to him, he would be liable to the owner for any loss 
 occasioned thereby. (6 W. & S. 66.) 
 
 If any one cheat me by false weights and measures, 
 or by selling one commodity for another, an action 
 lies for damages upon the contract ; since the law im- 
 plies that every transaction ought to be fair and honest. 
 
 In contracts in sales, it is constantly understood that 
 the seller undertakes that the commodity is his own. In 
 contracts for provisions, it is implied that they arewhole- 
 some ; otherwise, in either case, action lies for damages. 
 
 When silence may he construed into an agreement. 
 
 Silence may sometimes be construed into assent, as 
 when a person is fully aware of what is doing affecting 
 his interest, and he makes no objection. Thus, if a 
 man is present when a bargain is made, in which he is 
 concerned, and he says nothing, though it appears that 
 he is neither awed into silence, nor in any way hindered 
 from speaking, and that he is aware of the nature of 
 his interest. {Powel on Con., 132.) 
 
 So where a man sends his servant to buy upon trust, 
 he is liable upon the servant's bargains. So where it 
 cannot be proved that the servant was sent, but that his 
 master knew he was in the habit of taking up goods 
 upon his (the master's) account, he will be liable, (ib.) 
 
 Where a man does not know, and cannot know the 
 nature of the engagement that he enters into, it is a 
 general rule that his assent shall be valid when it is 
 altogether in his favor, (ib. 138.) 
 
 Ignorance or error will in general invalidate an as- 
 
SALE AND CONVEYANCE OF ESTATES. 53 
 
 sent, as where the matter of the bargain is falsely 
 explained. This is always the case when there is de- 
 ception upon the face of the bargain, (ib. 150.) 
 
 VII. SALE AND CONVEYANCE OF ESTATES. 
 
 As a general principle, the law affords no redress for 
 oversights committed in the purchase of estates, which 
 might have been avoided by ordinary judgment and 
 vigilance. Bat if the vendor, knowingly, conceal latent 
 defects, either as regards the estate or its title, he can- 
 not compel the execution of the contract, though the 
 estate be sold expressly subject to all its faults. 
 
 A conveyance obtained for an inadequate considera- 
 tion, from one not conscious of his right, by a person 
 who had notice of such right, will be set aside, though 
 no actual fraud is proved. But if there be no fraud in 
 the transaction, mere inadequacy of price would not be 
 deemed sufficient, even in equity, to vacate a contract. 
 
 If it be falsely asserted that a valuation has been 
 made of an estate at a higher price than really was the 
 case, the purchaser is not bound to complete the pur- 
 chase. So if the particulars of the sale of a house 
 describe it to be in good repair when it is not so, the 
 purchaser need not fulfil the purchase, unless there be 
 time to complete the repairs before his right of posses- 
 sion commences. A false affirmation of the amount of 
 rent would relieve the purchaser. 
 
 In cases of sales and purchases of estates, the con- 
 tract for the sale or purchase must be in writing, and 
 must be signed by the parties interested, or their agents, 
 and must contain all the terms of the agreement, such 
 as the names of the parties concerned, the property to 
 be sold, and the consideration to be given. 
 
 VIII. PUKCHASE, SALE, AND DELIVERY OF GOODS. 
 
 If one person agrees with another for goods at a cer- 
 tain price, he may not carry them away before he has 
 paid for them ; for it is no sale without payment, unless 
 the contrary be expressly agreed. And, therefore, if 
 the seller says, the price of the goods is ten dollars, and 
 the buyer says he will give ten dollars, the bargain 
 TG 5* 
 
54 PURCHASE, SALE, AND DELIVERY OF GOODS. 
 
 is Struck, and neither of them is at liberty to be off, 
 provided immediate possession, or payment, be tend- 
 ered by the other side. But if neither the whole nor 
 any part of the money be paid, nor the goods nor any 
 part of them delivered, nor an offer made, nor the 
 agreement put in writing, it is no sale, and the owner 
 may dispose of the goods as he pleases. 
 
 No sale is complete, so as to vest in the buyer an 
 immediate right of property, so long as anything re- 
 mains to be done between the seller and the buyer in 
 relation to the goods, such as counting, weighing, or 
 measuring. But when either are done, so that the arti- 
 cles are separate and distinct, the bargain is struck, and 
 the property of the goods is vested in the vendee, and 
 remains at his risk. 
 
 So, if a horse die in the interval of sale and delivery, 
 the conditions of the statute having been complied with, 
 the vendor is entitled to his money, though no actual 
 change of property has taken place. 
 
 It is important to know, at what time, and by what 
 means, the property in the thing sold is transferred 
 from the seller to the purchaser, and' becomes vested 
 in the latter. The question becomes of consequence, 
 in deciding, at whose risk the goods were at the time 
 of their loss, — when the lien tjf the vendor for the pur- 
 chase money ceases — and what is a sufficient delivery 
 to take the case out of the statute of frauds, (i. e. of 
 preventing the necessity of having the sale in writing.) 
 
 The most simple mode of transfer is by the actual 
 delivery of the goods sold by the vendor to the vendee ; 
 but it is often a matter of some difficulty to ascertain 
 what particular facts amount to a delivery. 
 
 If part of the goods have been prepared, and are 
 then lost, the buyer must bear the loss. Thus, where 
 a certain number of casks partly filled with turpentine 
 were sold, and by the terms of sale, the casks were to 
 be filled up, and in pursuance thereof part of them 
 were filled, when the whole were lost, it was held that 
 as to the casks that were full the purchaser must bear 
 the loss, and as to the others, no property had passed 
 and they were at the risk of the seller. 
 
 If the goods are sold upon credit, and nothing is 
 
PURCHASE, SALE, AND DELIVERY OF GOODS. 55 
 
 agreed upon, as to the time of delivering the goods, 
 the vendee is immediately entitled to the possession ; 
 this right of the purchaser may however be defeated 
 by his becoming insolvent. 
 
 The question of the delivery of the goods to the 
 purchaser or when they are deemed to be in his pos- 
 session becomes very important in cases of insolvency ; 
 for though goods are sold upon credit, and have actu- 
 ally been sent to the purchaser, yet if the latter becomes 
 insolvent, the seller may stop the goods, and hold them 
 as security for the purchase money, at any time before 
 they are delivered to the buyer, or come into his pos- 
 session. This is called stoppage in transitu. 
 
 The delivery of a cent or glove is sufficient earnest 
 within the statute. 
 
 A sample, if it diminishes the bulk of the commodity 
 to be finally delivered, is a sufficient delivery ; but if 
 it be considered only as a specimen, forming no portion 
 of the commodity, the delivery and acceptance will not 
 be sufficient ; the delivery of a bill of parcels ; or of the 
 receipt, ticket, sale-note, certificate, or stamp, will be 
 sufficient constructive delivery. And also as respects 
 bulky articles, the delivery of the key of the warehouse 
 in which goods are deposited ; the marking the pur- 
 chaser's name on the goods ; the payment of warehouse 
 rent; the assignment of a ship or bill oflading of goods 
 at sea ; the sale of lumber lying on a wharf ; or of logs 
 lying within a boom, &c. 
 
 Delivery of goods to an agent of the purchaser, such 
 as a carrier, if with the knowledge and assent of the 
 purchaser, is sufficient. 
 
 Where an article is not in existence, but is to be 
 manufactured or made, no property passes to the pur- 
 chaser until it is finished and ready to be delivered to 
 him, though made by his special order, or even if the 
 price should have been already advanced. Until the 
 thing is accepted by the purchaser, he acquires no 
 property in or right to claim it; and the maker may, 
 if he choose, dispose of it to another person. But if 
 made under the superintendence of a person appointed 
 
56 WARRANTY OF GOODS. 
 
 by the purchaser, or if he find the materials, he would 
 have a claim for the amount paid for the materials fur- 
 nished, or the cost incurred for superintendence. 
 
 The note or memorandum of a bargain must state 
 the price for which the goods were sold. An order for 
 goods on "moderate terms" is a sufficient memo- 
 randum. (5 B. & C. 583.) 
 
 The meaning of a variety of documents may betaken 
 conjointly to prove a sale. 
 
 In the absence of any agreement, it is the duty of 
 the buyer to take the goods, and when the seller has 
 done all that he is to do, the goods will remain in his 
 possession at the risk of the buyer. 
 
 But although in such case, it is the duty of the buyer 
 to call and take the goods, and they remain at his risk, 
 yet unless the sale was made upon credit, he will not 
 be entitled to possession of the property, without first 
 paying or tendering the price. 
 
 It is the duty of the seller to perform his share of 
 the contract, by delivering the property. If he refuse, 
 the purchaser may bring assumpsit for non-delivery. 
 In doing so he must prove that he has performed all the 
 conditions incumbent on him ; especially that he has 
 paid, or tendered payment of the price, unless the sale 
 be on credit. In this latter case the vendor has no lien, 
 and cannot refuse delivery, except the goods be left in 
 his possession until the period of credit expires. It is 
 the duty of the purchaser first to take delivery of the 
 goods, and then to pay for them. The vendor, if he 
 have performed his share in the contract, may sue him, 
 for goods bargained and sold, if the property be deliv- 
 ered, in which form he will recover his entire price, or 
 specially upon the contract, in which case he will re- 
 cover the amount of damages he has actually sustained. 
 
 With respect to exchanges, there is no difference 
 between sales and exchanges, but a delivery on one or 
 both sides is essential to establish the contract. 
 
 IX. WARRANTY OP GOODS. 
 
 In all cases of express warranty, if the warranty 
 prove false, or the goods are in any respect different 
 from what the vendor represents them to be, the buyer 
 is entitled to compensation, or he may return them, 
 
SALE OF HORSES. 57 
 
 and claim the purchase-money. But a general war- 
 ranty does not intend to guard against defects which 
 are obvious to ordinary circumspection, or where the 
 false representation of the vendor is known to the 
 vendee ; as if a horse with a visible defect be warranted 
 perfect, or the like, the vendee has no remedy. 
 
 Where goods are sold by sample, there is an implied 
 warranty that the whole are equal to the sample, other- 
 wise the purchaser is not bound to take them upon any 
 terms, although there may have been no fraud on the 
 part of the seller. Tf, however, the article should turn 
 out not to be merchantable, from some latent defect in 
 the sample, as well as in the bulk of the commodity, 
 the seller is not answerable. The only warranty is, 
 that the whole quantity answers the sample. 
 
 An express warranty extends to all faults known and 
 unknown to the seller. Unless the defect was apparent, 
 and such as the purchaser might have discovered at the 
 time of the falsehood. Where there is no express war- 
 ranty, it seems the vendor merely undertakes to make 
 a good title to the vendee, to show, that the goods de- 
 livered are such as were contracted for, and that no 
 deceit was practised to disguise their defects ; and in 
 case of provisions, that they are wholesome. 
 
 Warranty must be at the time of the sale ; if it be 
 made after, it is void for want of consideration. 
 
 X. SALE OF HORSES. 
 
 The property in horses is not easily altered by sale, 
 without the express consent of the ozonerV for a purcha- 
 ser gains no property in a horse that has been stolen. 
 
 A warranty of soundness in a horse may be defined, 
 in its enlarged sense, a guarantee from constitutional 
 defects; but, in its practical sense, is construed so as 
 to exclude every defect by which the animal is rendered 
 less fit for present use and enjoyment. 1 Stark, 127. 
 
 A defect arising from a temporary injury capable of 
 being speedily cured, and not interfering with such 
 enjoyment, the horse is not, on that account, to be 
 held unsound; still less if the purchaser be informed 
 of it, and admits the exception into the terms of the 
 contract, 2 Esp. 673. 
 
58 BILL OF SALE. 
 
 XI. HIRING AND BORROWING. 
 
 These are contracts by which a qualified property is 
 transferred to the hirer or borrower ; the difference is, 
 that hiring is always for a price or recompense ; bor' 
 rowing is merely gratuitous. In both cases the law is 
 the same. They are both contracts whereby a transient 
 property is transferred, for a particular time, or use, on 
 condition to restore the goods so hired or borrowed, as 
 soon as the time is expired, or use performed, together 
 with the price or recompense, (in case of hiring,) either 
 expressly stipulated or left to be implied by law, ac- 
 cording to the value of the service. Thus, if a man 
 hire or borrow a horse for a month, he has a qualified 
 property therein during that period ; on the expiration 
 of which, his qualified property determines, and the 
 owner becomes, in case of hiring, entitled to the price 
 for which the horse was hired. 
 
 In all cases of hiring and borrowing, there is an im- 
 plied condition that the thing hired or borrowed shall 
 not be abused or improperly treated, so that it cannot 
 be returned in as good condition as it was received. 
 
 XII. BILL OF SALE. 
 
 This is a contract, under hand and seal, whereby a 
 man transfers the interest he has in goods to another ; 
 such an instrument is binding against the party who 
 executes it, whether it were for valuable consideration 
 or not ; but it may be fraudulent and void against cred- 
 itors, and in some cases an act of bankruptcy. 
 
 So a bill of sale of goods made for a valuable con- 
 sideration, with the knowledge and consent of the 
 creditors, is valid against them, though unaccompanied 
 with possession. 
 
 A bill of sale is sometimes given with a condition for 
 resuming the goods at a certain period on payment of the 
 money advanced; but it is a dangerous method of obtain- 
 ing accommodation, and should be cautiously adopted. 
 
 In some states tlie seller retaining possession of the 
 goods after sale, is conclusive evidence of fraud, in 
 others, only prima facie. 
 
AVOIDANCE OF CONTRACT. 59 
 
 XIII. AVOIDANCE OP CONTRACT. FRAUD. 
 
 After bargain for the sale of goods, if the vendee 
 does not come and pay for them, and take them away 
 in a reasonable time after request, the vendor may 
 elect to consider the contract rescinded, and re-sell the 
 goods. 
 
 Generally, if either vendor or vendee neglect to fulfil 
 the conditions of the sale, the other is at liberty to 
 avoid the bargain. 
 
 A contract for the sale of goods may also be avoided 
 by the Statute of Limitations, which fixes the period 
 beyond which a plaintiff cannot lay his cause of ac- 
 tion. [See title " Limitation of Actions," also " Reme- 
 dies for the Recovery of Debts."] 
 
 Although a good and sufficient consideration is ne- 
 cessary to the validity of a simple contract, yet a con- 
 tract may be avoided when founded on a legal consider- 
 ation, if the execution of the engagement involve the 
 violation of any public law or statute. 
 
 All secular contracts consummated on Sunday are 
 void ; as well as all contracts which are repugnant to 
 law, sound policy, or public morals. 
 
 In contracts obtained by deception or misrepresent- 
 ation, there must be some actual damage done to the 
 plaintiff, to obtain ground for civil action. 
 
 When persons are employed to bid for the owner at 
 auction, not in order to prevent a sacrifice, but to ad- 
 vance the price of the goods, by pretended competi- 
 tion, the purchaser may treat the sale as void, if, in 
 fact, he be thereby misled. 
 
 Contracts in restraint of trade and business are void, 
 as they militate against public policy. But it is differ- 
 ent if one contract, for a valuable consideration, not to 
 carry on a particular trade, or not to exercise it in a 
 particular place. 
 
 If a seller and purchaser combine for the purpose of 
 secreting property from the creditors, witij a mutual 
 fraudulent intent, the sale is void. 
 
 When a sale is made without consideration, it is void 
 as to creditors. 
 
 Partners are liable for the fraud of one of the firm, 
 or of their agent, in the sale of partnership property. 
 
60 AVOIDANCE OF CONTRACT. 
 
 But the firm is not bound if one partner give partner- 
 ship security for a private debt of his own, and the cre- 
 ditor have knowledge that it is out of the scope of 
 partnership dealing. 
 
 Verbal evidence of fraud is admissible against a 
 written agreement. 
 
 When the assignment is fraudulent, or not assented 
 to by creditors, a creditor may proceed to secure his 
 debt by attachment, or by a trustee, (or garnishee,) 
 process. 
 
 Contracts may be rescinded or waived, by all the 
 parties to it dissenting from the bargain before the 
 period of performance. 
 
 Where a purchaser buys on the faith of a false rep- 
 resentation by the seller, touching the essence of the 
 contract, the sale will be set aside in equity, whether 
 the misrepresentation were the result of fraud or mis- 
 take. [Story's P.. 700.) 
 
 If a seller mislead the purchaser by a false or mis- 
 taken statement as to any essential circumstance, the 
 sale is voidable, {ih.) 
 
 So, where a person obtains goods upon a false rep- 
 resentation, as to the value of his property , and gives 
 his note in payment, the seller need not wait until the 
 note falls due, but may, immediately upon discovering 
 the fraud, waive the contract, and bring an action to 
 recover the value of the goods. But in order to do 
 this, the goods must have been obtained upon the/aZse 
 representation of the purchaser, alone, and not of others, 
 as to the value of his property. 
 
 XIV. PRECAUTIONS TO BE OBSERVED IN ENTERING 
 
 INTO CONTRACTS. 
 
 All stipulations and provisions which it is intended 
 should be considered as forming a part of the contract 
 or agreement, together with every particular as to per- 
 sons, amounts, time, place, and other circumstances 
 should be inserted ; and that, in terms which will ad- 
 mit of but one construction, so as to avoid difficulty or 
 doubt, in case of disagreement; the courts deciding 
 upon a contract under seal as it is ; and not as it was 
 intended, or may be asserted it was intended, to be, if 
 
PAYMENT, WHEN CAN BE DEMANDED. 61 
 
 contrary to its express stipulations; and no evidence 
 being admissible though even in writing, if not under 
 seal, to vary its terms. 
 
 PAYMENT, WHEN CAN BE DEMANDED. 
 
 t 
 
 In some branches of trade, custom has established a 
 general usage as to the period of credit upon sales of 
 goods, and, where no specific stipulation is made to the 
 contrary, this customary credit is as much a part of the 
 contract as if expressly agreed upon ; the law implying 
 that all persons deal according to the general usage, 
 unless the contrary appear. 
 
 Where no such usage prevails, and no time of pay- 
 ment is specified in the contract of sale, the money is 
 demandable immediately upon the delivery of the goods. 
 
 If the vendor stipulate to deliver certain goods within 
 a limited time, he cannot demand payment till the 
 lohole of the goods are delivered. 
 
 A person contracting to deliver a certain quantity of 
 goods, and failing to deliver the whole quantity agreed 
 upon, may recover for the part delivered and accepted 
 by the buyer. The buyer can only be exonerated from 
 payment by refusing to accept a part ; for, if he accept 
 and take the benefit of part, no protest, at the time of 
 acceptance, will relieve him from liability of payment. 
 
 Payment to the proper agent of the seller will release 
 the buyer. If the seller have given directions for trans- 
 mitting the money in a particular manner, the buyer, 
 by complying with the directions, and using due cau- 
 tion, relieves himself of responsibility, any loss which 
 may occur falling on the seller. — 4 Bing. 1 12. 
 
 INTEREST, WHEN IT CAN BE CLAIMED. 
 
 With respect to interest, it is determined that interest 
 is not allowable on a demand for goods sold and deliv- 
 ered, unless where there is a specific agreement for 
 that purpose ; as by a bill of exchange, promissory note, 
 or an express promise to pay interest ; then the vendor 
 is entitled to interest from the time specified. 
 
 Interest is allowable, where there has been either an 
 express or an implied contract therefor ; and a contract. 
 
 TG 6 
 
62 INTEREST, WHEN IT CAN BE CLAIMED. 
 
 to pay interest will be implied either from a general 
 mercantile usage, or custom ; as in the case of bills of 
 exchange and promissory notes, upon which, in the 
 absence of any other agreement, interest runs from the 
 day when the principal ought to be paid. 
 
 If a note be pa/able on demand, and there is no ex- 
 press agreement in relation to interest, it does not 
 commence running till after a demand is made. 
 Where no other demand is made, the commencement 
 of a suit for the money will be regarded as a demand 
 for the purpose of computing interest. (9 Pick. 369.) 
 
 Interest is never allowed upon an open and running 
 account, unless by express agreement ; but as soon as 
 the account is stated, and rendered to the debtor, and 
 no objection is made to it by debtor, interest begins to 
 run. An account current, received and not objected to 
 within a reasonable time, becomes a settled account, 
 bearing interest from the time it is stated. But where 
 goods are sold, to be paid for by bill or note, which is 
 not given, interest is due from the time when the bill, 
 Dr note, if given, would have been payable, and is re- 
 coverable in an action for goods sold, &,e. ; or where 
 upon a sale, and an agreement for payment by bill, the 
 purchaser refuses to give it, interest is recoverable in a 
 special count, for not giving the bill from the time from 
 which the bill, if given, would have borne interest. 
 
 A demand of payment of an unsettled claim for 
 goods sold and delivered, or services rendered, entitles 
 the party to interest from the time of the demand, and a 
 presentment of the account or commencement of a suit 
 is sufficient demand upon which to found, and from 
 which to date, a claim of interest. (22 Pick. 291.) 
 
 An agreement for interest will be implied from the 
 particular course of dealings between the parties, or the 
 special custom of one party known and acceded to by 
 the other ; as where it is the custom of a particular 
 person to charge interest upon all sales made by him, 
 after the expiration of a certain time, in which case, 
 he may charge all his customers with interest, who 
 have knowledge that such is his custom. So if, ac- 
 cording to an established usage, or an understanding 
 between the parties arising out of their mode of deal- 
 
LIMITATION OF ACTIONS. 63 
 
 ing or Otherwise, a certain term of credit is to be given, 
 no interest can be claimed until after the expiration of 
 that term. (8 Wend, 109.) 
 
 So, a contract to pay interest is implied, where the 
 money of one person has been used, or detained wrong- 
 fully, by another, or been kept by another, when it 
 should have been paid over. (9 Pick. 369.) 
 
 Where an agent, having received money, unreason- 
 ably neglects to inform his employers of it, he is liable 
 for interest from the time when he ought to have given 
 information. So, interest is to be allowed where the 
 law by implication makes it the duty of the party to 
 pay over the money to the owner without any previous 
 demand on his part, (ib.) 
 
 Interest, from the time of payment, is to be allowed 
 on money paid at the request and to the use of another. 
 
 NOTE. — Manner of computing interest on notes where partial payments 
 kave been made. — In casting interest upon bonds, notes, &c. upon which 
 partial payments have been made, every payment is to be first applied 
 lokeep down the interest; but the interest is never allowed to ibrm a 
 pan of the principal, so as to carry interest, for the effect in such case 
 would be to give compound interest, which the law does not allow. (17 
 Mass. 417.) To avoid this, the following rule has been adopted by the 
 United States Courts, and most of the Slate Courts :— 
 
 Compute the interest on the principal sum, from the time when the 
 interest commenced to the first tim.e w^hen a payment was made.wAfcA 
 caxeerfs, eiiher alone or in conjunction with the preceding payments, if 
 any, the interest at that time due ; add the interest to the principal, and 
 from the sum subtract the payment made at ihattime, together with the 
 preceding payments, if any, and the remainder forms a new principal ; 
 on which compute and subtract the interest, as upon the first principal, 
 and proceed in this manner to the time of the judgment. (1 Pick. 194: 
 2 Wash. C. C. R. 167 ; 17 Mass. 4l7.) 
 
 Where a money rent is reserved in a lease of land, payable on a certain 
 day, and is not paid, it carries interest as matter of right. (4 Wend. 313, 
 317.) 
 
 Although it is a legal usage of merchants to cast interest on the items 
 of their mutual accounts, and strike a balance at the end of a year, and 
 make that balance the first item of principal for the ensuing year, yet 
 neither the usage nor the law^ allows this to be done, except under a spe- 
 cific agreement, after the mutual dealings of the parties have ceased. (11 
 Metcalf, 210.) 
 
 The law does not allow interest upon interest accrued, even where a 
 note in made payable with interest annually. (7 Greenl. 49 ; 8 Mass. 455.; 
 2 Gush. 92.) Otherwise in some other states. 
 
 LIMITATION OF ACTIONS. 
 
 1. Time within which debts can be collected. — Ac- 
 tions of contract founded upon any contract or liabili- 
 ty not under seal ; (except such as are brought upon a 
 
64 LIMITATION OF ACTIONS. 
 
 judgment or decree of some court of record of the U. 
 States, or of some one of the States) ; actions for ar- 
 rears of rent, except upon leases under seal ; actions 
 of assumpsit or upon the case founded upon any 
 contract or liability, express or implied; actions for 
 waste and trespass upon land; actions of replevin; and 
 all other actions for taking, detaining, or injuring goods 
 or chattels, and all other actions on the case, except 
 for slander and libel, must be commenced within a 
 stated number of years after the cause of action ac- 
 crues. In most of the States, this time is limited to six 
 years.* 
 
 2. When actions can be brought on sealed contracts, 
 Sfc. S^c. — Ail contracts under seal ; promissory notes 
 signed in the presence of an attesting witness (provided 
 the action be brought by the original payee, his exec- 
 utor or administrator) ; or any bill or note issued by 
 a bank; or a judgment of a court of record, are em- 
 braced by the general limitation, which varies in differ- 
 erent states, from eight to twenty years. 
 
 3. Exception of open and mutual accounts. — Where 
 there have been open and reciprocal accounts between 
 merchant and merchant, the cause of action is gene- 
 rally deemed to have accrued at the time of the last 
 item charged in the account. 
 
 4. Case of defendant out of the State. — Where a per- 
 son is absent from, or residing out of the state, at or 
 after the time when any cause of action accrues, (and 
 has not attachable property in it,) such absence is not 
 counted as part of the time of limitation; nor is the 
 time counted, during the continuance of a war be- 
 tween this country and that of an alien plaintiff. 
 
 5. Acknowledgment, or new promise. — Although the 
 Statute of Limitations bars the remedy after six years, 
 the debt itself is not extinguished thereby ; and the 
 debtor may, by a new promise to pay such debt, revive 
 the original liability, which will commence from such 
 promise or admission. To have this effect however 
 
 * For further on the subject of Limiiaiions, See Remedies for Collecting 
 Debts m the diiierent Stales, ^p. 70 to 101. 
 
FOREIGN ATTACHMENT. 65 
 
 there must be an express promise to pay, or a distinct 
 and unqualified admission of the debt. 
 
 In M aine, Vermont, Massachusetts, New York, Il- 
 linois, Michigan, Iowa, Ohio, Virginia, Missouri, Ar- 
 kansas, Indiana, Texas, and California, the Statutes 
 provide, in general, that no acknowledgment or promise 
 shall be evidence of a new or continuing contract, 
 whereby to take a case out of the Statute of Limita- 
 tions, unless such acknowledgment or promise is made 
 or contained by or in some writing, signed by the party 
 to be charged thereby. 
 
 A common mode of implied acknowledgment is an 
 indorsement of interest or partial payment of the prin- 
 cipal, by the maker, or in his presence, upon the instru- 
 ment. 
 
 An oral admission by a defendant that he has made 
 a payment on the demand in suit, within six years next 
 before the suit was commenced, is competent evidence 
 to take the case out of the Statute of Limitations. 
 9 Met. 482. 
 
 6 Notes and hills of exchange. — The statute begins 
 to run from the time they are due, and when entitled 
 to grace from the last day of grace. 
 
 TRUSTEE PROCESS, -GARNISHEE PROCESS. 
 
 The object of the trustee process is to enable a 
 creditor to attach the property of his debtor in the 
 hands of a third person. It is very serviceable in 
 avoiding fraudulent transfers of property made by the 
 debtor for the purpose of concealing the same, and 
 thus preventing it from being attached for his debts. 
 This process, therefore, is very often resorted to, to test 
 the fairness of assignments for the benefit of creditors. 
 
 There are three parties in a trustee process : — the 
 plaintiff; the debtor, called the principal defendant; 
 and the trustee, who is summoned to appear in the 
 suit, upon the ground that he has in his hands, goods 
 effects, or credits, belonging to the defendant. 
 
 The service of a copy of the process on the trustee, 
 fixes the property or debt in his hands, as a stakeholder 
 TO 6* 
 
66 FOREIGN ATTACHMENT. 
 
 for the party ultimately entitled ; and if after that the 
 trustee pays over to the debtor, he does so at his peril. 
 Who liable to be summoned as trustee, and what 
 property is not attachable by this process. — As a general 
 rule, every person having goods, effects, or credits of 
 the defendant in his possession, may be summoned as 
 trustee, and the property In his hands will be held to 
 respond to the final judgment. 
 
 There are, hovifever, some exceptions to this, namely : 
 
 Firsty Generally no person will be adjudg-ed a trustee by reason of hav- 
 ing drawn, accepted, made, or endorsed any negotiable instrument.* 
 
 Secondly, Nor by reason of any money or other thing received by him 
 as sherift', or other officer, by execution or other process in tavor of the 
 principal defendant. 
 
 Thirdly, Nor by reason of any money in his hands for which he is ac- 
 countable as a public officer. 
 
 FourUdy, Nor by reason of any debt due from him on a judgment, so 
 long as he is liable to an execution on that judgment. 
 
 JFi/t/Uy, Nor by reason of any money or other thing due from him to the 
 principal defendant, unless due absolutely, and without depending upon 
 any contingency. 
 
 Proceedings in the case. — If the trustee does not 
 appear he is defaulted, and will be charged with having 
 in his hands property of the defendant equal to the 
 whole debt proved against the defendant. If the trustee 
 appears, he must answer under oath, if required, as to 
 the property, if any, of the defendant's, in his hands ; 
 and he will be charged or not upon his answers under 
 oath, as the court shall decide. 
 
 If any person claims that the property in the trustee's 
 hands is-his property, and not that of the defendant, 
 he may appear in court as claimant, and contest with 
 the plaintiff his title to the property. In such case 
 the defendant will be allowed to testify as to whom 
 the property belongs. 
 
 Where the trustee is charged in a suit, the execution 
 runs against the goods, effects, and credits of the defend- 
 ant in the hands of the trustee. If he does not 
 expose the property to the officer, or satisfy the ex- 
 ecution, then a new writ, called a " scire facias," is- 
 sues against him alone, requiring him to show cause 
 why he should not pay the same, and if judgment is 
 obtained, the execution will run against the person 
 and property of the trustee. 
 
 • New Hampshire is an exception to this rule. (See page 71.) 
 
PART II. 
 
 REMEDIES FOR THE RECOVERY OF DEBTS. 
 
 Of the Remedies of the Creditor, and Means of En* 
 forcing Payment from his Debtor, in all the States 
 of the Union^ 
 
 COMMENCEMENT OF A SUIT AT I^AW. 
 
 Where there is a debt owing-, it is held that a creditor is nol 
 obliged to allege or prove any demand of payment before he brings 
 his action; for bringing an action is technically said to be a sufficient 
 XQ(^est;foritisthe debtor's duty to find out the creditor, and pay 
 him his debt. 
 
 Whenever the plaintiff's right of action depends on a condition tc 
 ^perform some act or thing, he must prove that condition to be per- 
 formed, unless it be prevented, or rendered idle, or unnecessary by the 
 act of the defendant. 
 
 The attachment of property upon a writ is one of the most common 
 and effectual means of securing a' debt. The property attached is 
 deemed to be in the custody of Uie law, and is to be retained by the 
 officer for the purpose of satisfying the claim of the creditor, in case he 
 shall obtain judgment in the suit, take out execution, and levy it upon 
 the property in a limited time. 
 
 It is usual to annex a schedule of particulars to the writ, and refer 
 to it in the declaration. But this is not necessary, though the want of 
 such an exhibit might, probably, from a supposed want of notice, ope- 
 rate as a ground of continuance for defendant, on motion. 
 
 In all the New England States, and this is the case in most of the 
 others, all civil actions must be commenced in the county where one 
 of the parties resides. 
 
 Wherever the matter of the action is local, the plaintiff must sue in 
 the county in which the cause of the action arises ; but, where transi- 
 tory, he may 'ae anywhere, unless some statute otherwise direct. 
 
 Where the statutes of any State require that a contract or demand 
 shall be supported by affidavit, and the plaintiff is not an inhabitant of 
 the state, it may be taken and subscribed before a Commissioner of 
 the State where plaintiff resides 5 it should specify the nature of the 
 debt, the amount over and above all discounts and off-sets, and that the' 
 balance claimed is justly due, and the account correctly stated. In 
 some states an indorser to the writ, in others a bond with sureties, is 
 required of the plaintiff, who thereby becomes liable for costs, in case 
 judgment is rendered in favor of defendant. [See Mode 0/ Collecting 
 Debts in different States, and also Forms of Affidavits, at pages 103-5.] 
 
 If a person has obtained a judgment against another, for a certain 
 sum, and neglects to take out execution thereon, he may afterwards 
 bring an action of debt upon the judgmeut. 
 
 If the action is on a judgment of a court in another State^ a copy 
 should be produced, duly authenticated. 
 
 The action o? assumpsit is the usual remedy on bills or notes. Prom- 
 
68 REMEDIES FOR THE RECOVERY OF DEBTS. 
 
 ises, either express or implied, by the law raise an asaumpsit, for the 
 infringement of which the more usual remedy is action upon the case 
 on such assumpsit. 
 
 By the writ of capias ad satisfaciendum, (sometimes abbreviated 
 ca. sa.,) the body of the debtor may be arrested, and, in some cases, 
 imprisoned, until satisfaction is made for the debt, costs, and damages, 
 or the debtor is bailed, or takes the liberty of the yard, or the poor 
 debtor's oath, or petitions for the benefit of the act of insolvency, or 
 gives bond for the payment of the debt, or is discharged by statute. 
 In most of the states imprisonment for debt is abolished except in 
 cases of fraud. 
 
 Females are generally exempted from arrest for debts on contracts. 
 
 By the writ o^ fieri facias, (sometimes abbreviated, fi.fa.,) the 
 officer is commanded to attach the goods of the debtor, whether in his 
 own possession, or in the hands of executors, administrators, trustees, 
 (or garnishees,) always excepting those goods and lands exempted 
 from execution by statute. 
 
 UNLAWFUL ATTACHMENT AND ARREST. 
 
 The sherifF cannot disunite anything annexed to the freehold, for the 
 purpose of attaching it. 
 
 Nor can he attach goods pledged for debt 5 nor goods demised} or 
 let for years. 
 
 Nor can he attach deeds : private papers; account books ; promis- 
 sory notes ; liens j goods which cannot be returned in the same plight 
 in which they were taken, such as green hides in a vat, fruit, &c. ; the' 
 interest of a gratuitous bailee ; goods in transit, as the property of 
 the consignee; a boat, cable or anchors in use and necessary for the 
 safety of the vessel. 
 
 In some States perishable property can be attacked, and may be sold 
 pending the proceedings of the court. 
 
 Nor can he intermingle goods attached with those of the debtor, so 
 that they cannot be distinguished. 
 
 Nor can he attach the household furniture, fajmers' or mechanics' 
 tools, or articles for the use of the family, winch bylaw are exempted 
 from attachment. 
 
 All the states exempt from execution a certain amount of the house- 
 hold furniture of the debtor for the use of his family, the tools of a 
 mechanic necessary for carrying on his business ; a certain number 
 of sheep, swine, a horse, ox, cow. nay, &c.,var3'ing In value from twenty 
 dollars to several hundreds. Besides which, many of the states have 
 enacted laws exempting Homesteads. 
 
 The absolute property of the goods attached must be in the debtor, 
 in his own right ; and therefore, if the sheriff take any other person's 
 goods, though the debtor assure him they are his, he is a trespasser; 
 for he must, at his peril, ascertain whose goods they are. 
 
 Attached goods may be delivered to the debtor upon his depositing 
 the appraised value in money, or giving a bond therefor. 
 
 The sherifF cannot take goods vested in trustees by a settlement be- 
 fore marriage for the benefit of the wife, as against the husband ; nor 
 where they are settled afler marriage, in pursuance of entails before 
 it ; nor where she holds in her own right, by devise, &c. 
 
 In case of execution against one of two partners, tlie sherifF can only 
 sell the individual moiety belonging to the defendant. 
 
 In the execution of a civil process, an officer is not at liberty to 
 break open the outer doors or windows of a dwelling house ; but he 
 may enter peaceably, and may break open an inner door of the de- 
 fendant, in order to take the goods or person. But it is said he cannot 
 open a latch of the outer door ; yet if the goods are in the house of a 
 
REMEDIES FOR THE RECOVERY OF DEBTS. 69 
 
 stranger, conveyed-thither to prevent execution, if, upon request made, 
 ne do not deliver them, the officer is justified in breaking and entering. 
 So, where a stranger, whose ordinary residence is elsewhere, upon a 
 pursuit, takes refuge in the house of another, the house is not his cas- 
 tle, and the officer may break open the doors or windows, in order to 
 execute his process ; so, if one, upon an escape after arrest, flee into 
 his house it shall not protect him. But these restrictions apply only 
 to dwelling-houses, and an officer may lawfully break open the door 
 of any other building to make an attachment or arrest. 
 
 An arrest, upon civil process, on Sunday, is illegal. A debtor, how- 
 ever, who has escaped from arrest orprison,may be retaken on Sunday. 
 
 I3 delivering possession of lands recovered in a real action, the offi- 
 cer may break outer dqora, and use force to expel the occupier, if ne- 
 cessary. 
 
 Where attachments are made, and the property is to be sold on exe- 
 cution, the laws generally require that the real estate shall be reserved 
 until the personalty has been exhausted. 
 
 LIABILITIES OF ATTORNEYS TO MnjuM.x\ t^mcHTS. 
 
 If an attorney, in the conduct of a suit, commit an act of negli- 
 gence, whereby all the previous steps become useless in the result, he 
 cannot recover for any part of the business done. And whether or 
 not, in such case, the work become wholly useless by the plaintiff's 
 fault, is a question for the jury. (2 C. M. and R. 547.) 
 
 An attorney is bound to execute the business entrusted to him with 
 a reasonable degree of care, skill, and despatch. If the client be in- 
 jured by the gross faulty negligence, or ignorance of the attorney, the 
 attorney is liable. 
 
 If an attorney, after a demand made, or directions given to remit 
 neglect to pay over money collected by him, in addition to the com- 
 mon liability to his client, the court will, on affidavit of complainant, 
 grant a rule to show cause why an attachment should not issue against 
 aim. 
 
 LIABILITIES OF SHERIFFS. 
 
 An officer who unreasonably neglects to pay any money, collected 
 by him on execution, when demanded by the creditor, forfeits, in Mas- 
 sachusetts, five times the lawful interest of the money, from tWe time 
 of the demand until it is paid. In other States, he is subjected to 
 similar, and even higher forfeitures. 
 
 REMEDIES OF THE CREDITOR. 
 
 If the debtor refuses to pay his debts, the creditor's remedy is a 
 resort to law. The process by which debts are collected, varies in 
 different States, the principal difference consisting in the steps taken to 
 reach the property of the debtor. In some States property may be 
 attached at the commencement of the suit, (upon mesne process * as it 
 is called}) in others, it can only be taken after judgment has been ob- 
 tained upon an execution; in some, the debtor cannot be arrested 
 upon mesne process, where properly can be attached, unless he is about 
 to absent himself from the State j in others, property cannot be at- 
 tached, where the debtor can be found and arrested, &c. So the cir- 
 cumstances which will authorize a resort to the trustee process differ 
 in different States. 
 
 It is our purpose to state briefly the Remedies for the Recovery of 
 Debts in each of the States. 
 
 • Mesne process is used in contradistinction to Jinal proeessj and siginfiea 
 all such process as intervenes betwep.p. the begmning and end of a 8ui; 
 
70 EECOVEEY OF DEBTS IN MAINE. 
 
 MAINE. 
 
 Actions of debt founded upon any contract or liability, not 
 under seal, must be brought within six years. Actions 
 brought upon witnessed promissory notes, or upon any bill, 
 note or other evidence of debt issued by any bank, and con- 
 tracts under seal, muSt be brought within twenty years. 
 
 Attachment. — All civil actions may be commenced by at- 
 taching the goods and estate of the debtor (except those ex- 
 empted from execution, and choses in action). When per- 
 sonal property is attached, the officer takes and retains posses- 
 sion of it, or permits debtor to resume it, by giving receiptors. 
 
 Irustee Process.-^AW actions on contracts may be com- 
 menced by the trustee process, and any person may be sum- 
 moned as trustee who has goods, effects, or credits of the 
 debtor in his hands. [See Article Trustee Process, p. 65.] 
 
 Where plaintiff is not an inhabitant of the State, the writ, 
 before entry, must be indorsed by some sufficient inhabitant 
 of the State. Action must be commenced against indorser 
 within one year after judgment. 
 
 Arrest of Debtor. — The debtor cannot be arrested for 
 debt, unless the creditor make oath that he believes the debtor 
 is about to depart or reside out of the State, and to take with 
 him more property, or means, than is required for his imme- 
 diate support, and that the sum demanded, amounts to ten 
 dollars. In an action not founded on contract, or on a judg- 
 ment rendered upon contract, the defendant may be impris- 
 oned or held to bail. 
 
 Exemption Jrom execution. — Wearing apparel, beds, bed- 
 steads and bedding, necessary for the family ; household fur- 
 niture of the value of $50. The tools of a mechanic, 
 necessary for his trade and occupation. Bibles, school books 
 and copy of statutes ; all cast-iron and sheet-iron stoves used 
 in family ; one cow and one heifer ; two swine ; ten sheep 
 and the wool ; thirty hundred hay for cow, and two tons for 
 sheep, and sufficient for heifer; all produce of farm while 
 standing and growing ; thirty bushels of corn for family ; 
 one pew ; potatoes for family ; twelve cords of fire-wood ; 
 one boat, not exceeding two tons, employed in fishing ; one 
 plough ; one cart ; one harrow ; one cooking stove ; five tons 
 anthracite, and fifty bushels bituminous coal ; and all charcoal 
 on hand ; one pair bulls, steers, or oxen, raised by the owner, 
 with hay to keep the same through the winter ; one ox- 
 yoke, with bows, rings and staples, two chains, one ox-shed ; 
 one or two horses, (instead of oxen) ; one barrel of flour ; ten 
 dollars worth of lumber, wood or bark ; burial place not ex- 
 ceeding half an acre, not appropriated for agriculture, a de- 
 scription of which must be recorded in the Registry of Deeds. 
 
 Homestead Exemption. — A lot of land, dwelling house and 
 
EECOTERY OF DEBTS IN NEW HAMPSHIRE. 71 
 
 out-buildings thereon, or so much tliereof as shall not exceed 
 five hundred dollars in value, the property of a householder 
 in actual possession ; a certificate of which signed by himself 
 declaring his wish and describing his homestead shall be filed 
 with the Register of Deeds for the County wherein his home- 
 stead lies. The widow and minor children of any person 
 deceased, may hold such exempted property during the minor- 
 ity of the children, or while the widow remains unmarried. 
 
 Redemption. — The debtor is allowed one year from levy of 
 execution in which to redeem his estate by tendering the sum 
 at which it was appraised, interest, and expenses for improve- 
 ments, and repairs. Mortgaged personal property may be 
 redeemed in sixty days. Estate sold for taxes can be redeem- 
 ed within five years from publication of notice. Franchise 
 can be redeemed in three months. 
 
 Mortgaged real estate can be redeemed at any time within 
 three years after foreclosure of the same. 
 
 An assignTnent of property must provide for an equal dis- 
 tribution of all the debtor's estate among such creditors as 
 become parties thereto. 
 
 NEW HAMPSHIRE, 
 
 Personal Actions must be brought within six years, except 
 for words and personal injuries then within two years. Con- 
 tracts under seal within twenty years. 
 
 Attachment. — Suit is commenced by attaching personal and 
 real estate of debtor. The attachment first served is to be 
 first paid. 
 
 Trustee Process. — Any property of debtor, money or cred- 
 its, in the hands of a third person, may be attached. Wages 
 however for the last fourteen days' labor are exempted. 
 
 If anyperson summoned as a trustee, is indebted to the de- 
 fendant by a negotiable note, made or payable in this state, or 
 the parties to which, at the time of making, resided in this state, 
 the court may make a rule requiring such debtor to appear and 
 answer on oath all interrogatories respecting the possession, 
 transfer, or other disposition of such note. 
 
 Arrest of Debtor. — The debtor cannot be arrested in any 
 action upon contract, unless the creditor make affidavit before 
 a justice of the peace that in his belief the debtor owes him 
 the sum of thirteen dollars and thirty-three cents ; and that 
 he conceals his property so that no attachment or levy can be 
 made ; or that he intends leaving the State to avoid payment 
 of his debts. 
 
 If any person be committed to prison he shall, unless he be 
 bailed before judgment, be held in prison for thirty days after 
 the rendition of judgment, unless sooner legally discharged. 
 The defendant when arrested, may demand to be taken before 
 
72 RECOVERY OF DEBTS IN VERMONT. 
 
 two justices, one of the quorum; and if they believe he does 
 not conceal his property, or intend leaving the state, they 
 may order his discharge. 
 
 Exemption from Execution. — Wearing apparel, beds, bed- 
 steads, and bedding for family ; household furniture, to the 
 value of $20 ; bibles and school books ; one cow, and one 
 and a half tons of hay ; one hog and one pig, and the pork 
 when killed ; tools of mechanic of the value of $ 20 ; six 
 sheep and the wool ; one cooking stove ; provisions and fuel 
 valued at $20; one pew ; uniform, arms and equipments; 
 and lot in cemetery. ■ 
 
 Homestead, not exceeding $500 in value. The sheriff 
 holding an execution to be levied on lands and tenements is 
 required, on application of the debtor or his wife, to cause a 
 homestead not exceeding five hundred dollars in value, to be 
 set off from the lands and tenements of the debtor. 
 
 Redemption. — The debtor can redeem real estate, sold on 
 execution, within one year. Mortgaged real estate, and 
 land sold for taxes, can also be redeemed within one year. 
 
 VERMONT. 
 
 Personal Actions must be brought within six years; on 
 witnessed promissory notes within fourteen years ; on judg- 
 ments and specialties within eight years. 
 
 Attachment. — Suit is commenced by writ of summons, or 
 attachment. Writs of attachment may issue against the 
 goods, chattels, or estate of the defendant. 
 
 Writs must be served in the order in which they are received. 
 
 The Homestead consists of a dwelling house, land, and its 
 appurtenances, valued at five hundred dollars, with its yearly 
 products. Whenever a housekeeper shall decease, leaving a 
 widow and children, the homestead, or the value thereof, 
 shall pass to his widow and children, without being subject 
 to the payment of the debts of the deceased, unless made 
 specially chargeable thereon, or for taxes. The homestead 
 cannot be alienated by the owner, if a married man, except 
 by the joint deed of husband and wife. Provided, how- 
 ever, that the husband may, without consent of his wife, 
 mortgage such homestead, at the time of the purchase there- 
 of, for the payment of the purchase money. Homestead is 
 also liable for debts contracted before the purchase. 
 
 There is also exempted from execution, apparel, bedding, 
 tools, furniture, bibles, books, for use of family ; cow, hog ; 
 ten sheep, and wool ; forage for ten sheep and cow ; arms; 
 ten cords fire-wood ; ten bushels grain ; twenty bushels pota- 
 toes ; growing crops ; three swarms of bees, their honey, 
 hives, and 200 pounds of sugar, 
 
 Trustee Process. — Attachments may be commenced by the 
 trustee process, when the demand exceeds the sum of forty 
 
RECOVERY OF DEBTS IN MASSACHUSETTS. 73 
 
 dollars, if the defendant resides out of the State, or has ab- 
 sconded, or secreted himself; and holds goods, eifects, or 
 credits. A trustee's disclosure, on oath, is not conclusive, 
 and either party may allege and prove any facts material to 
 the inquiry. If the debt recovered by the plaintiif, or the 
 amount in the trustee's hands, does not exceed ten dollars, 
 the trustee is discharged, and recovers his costs. 
 
 Arrest of Debtor. — No resident citizen can be arrested in any 
 action for debt unless the plaintiff file an affidavit, that he has 
 good reason to believe that the defendant is about to abscond 
 from the State, and has secreted money or other property, 
 to the amount of $20, or suflicient to satisfy the demand. 
 
 Redemption. — The debtor can redeem his lands six months 
 after levy, by paying costs, &c. , and twelve per cent, interest. 
 
 MASSACHTTSETXS. 
 
 Actions must be brought within six years upon contracts ; 
 arrears of rent (except leases under seal); replevin ; detain- 
 ing or injuring goods or chattels ; waste and trespass on 
 land ; and all actions upon the case except for slanderous 
 words and libels ; and in tvventy years upon contracts under 
 seal ; judgments of any court of record ; witnessed promissory 
 notes ; bills, or other evidence of debt issued by any bank. 
 
 Attachment. — All real estates, goods, and chattels, liable 
 to be taken on execution, (except, such goods and chattels 
 as from their nature or situation have been considered ex- 
 empt according to the principles of common law as adopted 
 in this state) may be attached upon the original writ. At- 
 tachments are dissolved by giving bond with sureties for pay- 
 ment of judgment. Transitory actions, if any one of the 
 parties lives in the state, must be brought in the county 
 where some one of them lives or has his place of business. 
 
 Articles exempted by Law. — The wearing apparel of debt- 
 or and family ; bedstead, beds and bedding for every two 
 persons ; stove ; household furniture of the value of $100; fuel 
 of the value of $ 20 ; bibles, school books, and library of the 
 value of i 50 ; one cow, six sheep, one swine, and two tons 
 of hay ; provisions for use of family of the value of $50 ; uni- 
 form, arms and accoutrements ; one pew, occupied by debtor ; 
 tools, implements and fixtures of the value of $ 100 ; materi- 
 als and stock, for carrying on his trade or business not ex- 
 ceeding $ 100 ; fishing tackle and nets, in use, not exceed- 
 ing $100 ; tombs and rights of burial. 
 
 Homestead. — There is also exempted from execution, the 
 homestead farm, or lot and buildings thereon, to the value of 
 eight hundred dollars, the same being occupied as a resi- 
 dence, and owned or leased by the debtor, he being a house- 
 holder and having a family. Deed of purchase must set 
 
 TG 7 
 
74 RECOVEKY OF TEBTS IN MASSACHUSETTS. 
 
 forth that it is designed to be held as a homestead, or if 
 already purchased, it must be so declared in writing, duly 
 sealed, acknowledged, and recorded. Such homestead enures 
 to the widow and children, some one of them continuing to 
 occupy the same, until the youngest be twenty-one, and until 
 the marriage or death of the widow. Such homestead is lia- 
 ble for a debt contracted for the purchase, and also for a debt 
 contracted before the deed was recorded. Such exemption 
 shall not defeat any mortgage, or other incumbrance or lien 
 existing by virtue of any deed or otherwise. In any con- 
 veyance heretofore made, or hereafter to be made, of home- 
 stead, the wife may release her right to the homestead in the 
 same manner as a wife may now release her right of dower. 
 
 Trustee Process. — Trustee must appear and iile his answer 
 within the first four days of the return term of the writ in any 
 county except Suffolk, and in Suffolk within the first ten days 
 of the return term, or during the return term if the court shall 
 not sit ten days in Suffolk, or four days in any other county, 
 or he shall be defaulted, and adjudged atrustee. In trusteeing 
 the wages or services of any person, if the plaintiff shall not 
 recover five dollars as debt, he shall recover no costs. If 
 the wages or services of any person shall be trusteed for any 
 debt other than for necessaries, there shall be reserved in the 
 hands of the trustee a sum not exceeding $20. which shall 
 be exempt from such attachment. [See pages 65, 66.] 
 
 Imprisonment for Debt has been abolished, except in cases 
 of fraud. No debtor can be arrested on mejne process, in 
 any action of contract, unless the creditor, or some one in his 
 behalf, make oath, that he has good cause ofaction, and a rea- 
 sonable expectation of recovering a sum amounting to twenty 
 dollars ; that he believes, and has reason to believe, the de- 
 fendant has property not exempt from being taken on exe- 
 cution, which he does not intend to apply to the payment of 
 the plaintiff's claim ; that he believes, and has reason to 
 believe, that the defendant intends to leave the State, so that 
 execution cannot be served on him ; and such affidavit, and the 
 certificate of the magistrate that he is satisfied that the same 
 is true, shall be annexed to the writ. If the defendant deny 
 under oath, his intention of leaving the State, and the mag- 
 istrate shall be satisfied that he does not intend to leave the 
 State, he shall be discharged from arrest; he may also be 
 discharged on taking the poor debtor's oath. 
 
 Redemption. — Debtor may redeem lands taken on execu- 
 tion, within one year.* 
 
 Insolvent Laws. — Any debtor owing two hundred dollars 
 may take the benefit of the Insolvent Law. There are cer- 
 
 » Redemption of mortgaged Real and Personal Properly, See " Busi- 
 ness Man's Assistant," pp. 50, S6, 57. 
 
KECOVERY OF DEBTS IN KHODE ISLAND. 75 
 
 tain cases in which creditor having a demand of one hundred 
 dollars against the debtor, can compel him to take the benefit 
 of the law. The messenger must give public and personal 
 notice to the creditors of the time and place of meeting. If 
 any debtor being insolvent, or in contemplation of insolvency, 
 shall within six months before the filing of petition, make 
 any payment directly or indirectly, or give a pieference to 
 any creditor, endorser, guarantor, or surety, or shall mort- 
 gage, assign, or convey any money or property, or shall 
 make any sale, assignment or conveyance either absolute or 
 conditional, the same shall be void, and the assignees may 
 recover from the person so preferred both principal and inter- 
 est, provided, that when accepting such preference or con- 
 veyance, he had cause to believe such debtor insolvent. 
 
 If, after the filing of a petition , an insolvent debtor secretes 
 or conceals any property, books, deeds, or writings relating 
 to his estate, or shall make any gift, sale, &c., he shall be 
 punished by imprisonment in the state prison for a term not 
 exceeding five years, or in jail not exceeding two years. 
 
 No insolvent can receive his discharge if he has altered, 
 or destroyed his books or papers ; or being a merchant and 
 tradesman, shall not have kept proper books of account. 
 
 Debt of laborer or operative is preferred for fifty dollars. 
 [See more on Insolvency, and Form of Oath, at pp. 105 & 106.] 
 
 RHODE ISLAND - KEVISED STATUTES, 1857. 
 
 Actions of debt founded upon any personal contract, rent, 
 replevin and trespass, must be brought within six years ; and 
 all actions of covenant within twenty years. 
 
 Attachments and Arrests. — All property, real and personal, 
 may be attached, except the following : 
 
 Wearing apparel of debtor and family ; tools not exceed- 
 ing 50 dollars ; household furniture, stores, beds, and bed- 
 ding, not exceeding 200 dollars ; bibles and school books ; 
 1 cow, and 1^ tons of hay ; 1 hog, 1 pig, and the pork ; uni- 
 form, arms, -ammunition, and equipments; pew; lot, right 
 of burial ; and debts secured by bills of exchange or notes. 
 
 Whenever a writ of arrest shall be delivered to an officer, 
 he shall endeavor to arrest the defendant. If he cannot find 
 *the body of defendant within his precinct, or, in case the writ 
 lawfully orders an attachment of the " goods and chattels " 
 of the defendant in the first instance, he shall attach his 
 " goods and chattels," to the value commanded in the writ. 
 
 The officer to whom a writ may be delivered with the 
 words "real estate" added after the words "goods and 
 chattels" shall, in case the body or personal estate of the 
 debtor cannot be found in this state, or, in case the goods 
 and chattels or real estate of defendant are lawfully ordered 
 
76 RECOVERY OF DEBTS IN CONNECTICUT. 
 
 to be attached in the first instance, attach the real estate in 
 the same manner as personal estate. The attachment first 
 secured is to be first paid. 
 
 Trustee {Garnishee) Process. — When any debtor resides 
 or is absent out of the state, or conceals himself therein, so 
 that his body cannot be arrested, or has taken the poor debt- 
 or's oath, or obtained his discharge as an insolvent, then the 
 personal estate of such person, or foreign corporation, lying 
 in the hands of their attorney, factor, trustee or debtor, shall 
 be liable to be attached. 
 
 No person committed to jail on execution shall have the 
 liberty of the prison yard for more than thirty days, unless 
 he shall execute an assignment of all his estate, not exempted 
 by law, wherever the same may be, to the keeper of said jail, 
 his successor, and his heirs and assigns, in trust for the equal 
 benefit of all his creditors in proportion to their demands. 
 
 The limits of the county shall be the limits of the jail yard. 
 
 Debtors may be discharged from prison by taking the poor 
 debtor's oath. 
 
 Redemption. — Personal estate sold on execution can be re- 
 deemed within ten days ; and real estate within three months. 
 Mortgaged real estate can be redeemed within three years. 
 
 Insolvent haw. — A person who has been an inhabitant of 
 the State for three years, and whose debts exceed one hun- 
 dred dollars, can petition for the benefit of this act, which he 
 can obtain by executing a deed of all his estate in trust for 
 the benefit of his creditors. 
 
 CONNECTICTTT. 
 
 Limitation of Actions. — Actions on bonds or other special- 
 ties, and promissory notes not negotiable, must be brought 
 within seventeen years. Actions of account, of debt on 
 books, or simple contract, or of assumpsit founded upon im- 
 plied contract, or notes, must be brought within six years. 
 
 Attach-ment. — The first process for the recovery of debts, is 
 by a writ of attachment, or summons. 
 
 If the plaintiff is not an inhabitant of the State, or is un- 
 able to pay the costs, if a recovery is had against him, a bond 
 is required in some responsible inhabitant, to meet all damages. 
 
 Trustee Process. — The eflfects of absent or absconding- 
 debtor, or goods concealed in the hands of agents, so that 
 they cannot be come at to be attached, or debts due from any 
 person to such debtors, are attachable by trustee process ; 
 excepting a debt, under ten dollars, tor personal services. 
 
 Homestead, of the value of three hundred dollars, is ex- 
 empted from execution, with the necessary repairs and addi- 
 tions, though above that sum. Also — apparel ; bed and bed- 
 ding 5 household furniture ; implements of debtor's trade ; 
 
RECOVERY OF DEBTS IN NEW YORK. 77 
 
 COW ; ten sheep : two swine and the pork produced from two 
 swine ; or two swine and two hundred pounds pork ; twenty- 
 five bushels charcoal ; two tons coal ; two hundred pounds 
 flour ; two cords wood ; two tons hay ; two hundred pounds 
 beef; two hundred pounds fish ; five bushels potatoes or tur- 
 nips ; ten bushels Indian corn or rye and the meal therefrom ; 
 twenty pounds wool or flax or the yarn or cloth made there- 
 from ; stove and pipe ; pew in church ; horse, saddle and bridle 
 of a practising physician, not exceeding # 100 ; burial lot. 
 
 Arrest of Debtor. — No person can be arrested except no 
 the ground of fraud. Whenever a debtor is arrested, he 
 may require the ofiicer to take him before a justice of the 
 peace for the county, who may judge between the parties, 
 and, if he see cause, administer the insolvent oath, and there- 
 upon liberate the debtor from arrest. 
 
 Redemption. — Lands sold on execution cannot be redeemed. 
 
 Insolvent Law of 1853 requires that assignments shall be 
 for the benefit of all the creditors, or creditor may petition 
 Judge of Probate for appointment of trustee of debtor's estate. 
 All attachments made within sixty days preceding such as- 
 signment, or application, are dissolved. All conveyances by 
 mortgage or otherwise, which shall have been made in view 
 of insolvency are void. Debtor must make oath of the deliv- 
 ery of all property of every kind, in or out of the State, and 
 that he has not conveyed or disposed of any property for the 
 purpose of giving any preference in view of Insolvency. 
 Debtor to receive a sum not exceeding $ 15 a week for 
 support of himself and family, and for a time not exceeding 
 six months. If the estate pay fifty per cent., debtor is to re- 
 ceive twenty-five per cent., amount not to exceed $ 1000. If 
 the estate pay seventy-five per cent., or more, debtor shall be 
 entitled to an absolute discharge. The household furniture 
 to be included in debtor's inventory of the estate, but the 
 court shall set off to debtor so much as is necessary for debtor 
 and his family, not exceeding $ 300. Claims must be pre- 
 sented within six months. AH debts for labor performed 
 within six months preceding institution of proceedings to be 
 paid in full, if less than $25. 
 
 NEW YOEK. 
 
 Limitation of Actions. — Actions upon a contract, obligation, 
 or liability (express or implied) must be commenced within 
 six years; and on judgments and sealed instruments, within 
 twenty years. Where there are open and mutual accounts the 
 cause of action shall be deemed to have commenced from the 
 time of the last item charged in the account on the adverse side. 
 
 Actions are commenced by serving a summons upon the 
 defendant The summons is subscribed by the plaintiiF, or 
 
 TG 7* 
 
78 RECOVERY OF DEBTS IN NEW YORK. 
 
 his attorney, and direoted to the defendant, and requires him 
 to answer the complaint, and serve a copy of his answer on 
 tVie person whose name is subscribed to the summons, at a 
 place within the State, within twenty days after the service 
 of the summons. The plaintiff also inserts a notice in the 
 summons, in an action on a contract for the recovery of mon- 
 ey, that he will take judgment for a specified sum, if the de- 
 fendant fails to answer in twenty days. In other actions, if 
 defendant fail to answer in twenty days, the plaintiff will 
 apply to the court for the relief demanded in the complaint. 
 In actions affecting the title to real property, notice of a 
 pendency of the action is given by filing with the clerk of the 
 county a description of the property, and names of the parties. 
 
 Attachment. — The real and personal property of a debtor, 
 may be attached — whenever such debtor, being an inhabitant 
 of the State, shall secretly depart therefrom, with intent to 
 defraud his creditors, or to avoid process of service, or keeps 
 himself concealed with like intent ; or whenever a person, not 
 being a resident of the state, shall be indebted on a contract 
 made within the state , or to a creditor residing within the state 
 although upon a contract made elsewhere. The application 
 for attachment must be in writing, verified by the affidavit of 
 the creditor, and the facts and circumstances established by 
 the affidavit of two disinterested witnesses. 
 
 The plaintiff must give security, before the issuing of the 
 warrant, to the effect, that if the defendant recover judgment, 
 the plaintiff shall pay all costs and damages awarded to defend- 
 ant, and all damages he may sustain by reason of the attach- 
 ment, not exceeding the sum specified in the undertaldng, 
 which shall be at least $250. 
 
 Any other creditor may become a party to the attachment, 
 whose debt is then due, on filing with the officer an affidavit, 
 specifying the sum due him, over and above all discounts, and 
 expressing in a petition, his desire to be deemed an attaching 
 creditor. 
 
 Whenever a.warrant of attachment shall be issued, notice 
 must be given by advertisement in the State paper, in a news- 
 paper printed in the city of New York, and one in the county 
 to which any attachment shall be issued ; which notice shall 
 be publi^ed once a week for three months in the case of an ab- 
 sconding debtor, and for nine months in the case of a non-resi- 
 dent. No assignment, mortgage, or conveyance is valid 
 as against creditors after the first publication of such notice. 
 
 If the debtor shall not appear and satisfy his ' creditors, 
 within the time specified in the notice, the officer who issued 
 the warrant, shall within three months after the expiration of 
 the time so limited, appoint three or more fit persons to be 
 trustees for all the creditors of such debtor ; and every person 
 
KECOVEKY OF DEBTS IN NEW YORK. 79 
 
 indebted to, or holding any property of the debtor, after such 
 notice, must account and answer for the same to tiie trustees. 
 
 Articles which are perishable may be sold by order of the 
 officer issuing the warrant. 
 
 Insolvent Law. — Every insolvent debtor may be discharged 
 from his debts upon executing an assignment of all his estate 
 for the benefit of his creditors. The petition must be signed 
 by the debtor, and creditors residing in the U. S. whose claims 
 amount to two-thirds of all the debts owing by him to credi- 
 tors in the U. S. Each petition must be accompanied by 
 affidavit, and shall specify the amount of the debt, and that it 
 is justly due, or will become so at the time specified therein, 
 and the nature of the demand, evidence, and consideration. 
 
 Creditors residing out of this state, may petition and unite 
 in any petition, in the same manner as resident creditors; 
 and affidavits must be sworn to by them, before a judge, or 
 clerk of a court of record of the state in which they reside, 
 duly authenticated under the seal of such court. 
 
 Any petitioning creditor purchasing a debt or demand 
 against the debtor for less than its nominal amount, shall be 
 deemed a creditor to the amount actually and in good faith 
 paid by him for such debt or demand. 
 
 Duties of Trustees. — The trustees shall as speedily as pos- 
 sible, convert all the estate of the debtor into money ; and 
 within fifteen months from the time of their appointment 
 call a general meeting of the creditors, by a notice similar to 
 the one of their appointment, at not less than two, nor more 
 than three months. At this i^ieeting all accounts must be 
 adjusted. And afterpayment of expenses, the remainder will 
 be distributed among the creditors, in proportion to their re- 
 spective demands. 
 
 Arrest. — Debtor may be arrested when the creditor estab- 
 lishes by affidavit, that a suflScient cause of action exists, and 
 that there is a certain sum due him, specifying the nature and 
 amount thereof; and that the defendant has been guilty of fraud 
 in contracting the debt, or incurring the obligation, or in con- 
 cealing or disposing of the property respecting which action 
 is brought, or has removed his property, or is about to do so, 
 with intent to defraud his creditors, or that he has rights in 
 action or property which he fraudulently conceals,, or is about 
 to remove from the state ; (and the above applies to non-resi- 
 dents as well as residents) ; or he may be arrested for any 
 ■ misconduct, neglect of office, or in a professional employment. 
 
 The debtor may appear before the judge who issued the 
 warrant, and controvert by his own affidavit or otherwise, any 
 of the charges alleged, and after a hearing of all the parties in- 
 terested and their witnesses, if he is satisfied that the charges 
 against the debtor are true, he may order him to be commit- 
 
80 RECOVERY OF DEBTS IN NEW YORK. 
 
 ted to prison, and there detained until discharged by law. 
 Such debtor can be released on giving bail or surety to pay 
 the debt and costs within sixty days ; or he may execute an 
 assignment of all his property ; or enter into a bond to apply 
 within thirty days for an assignment and discharge ; or give 
 security that he will not remove or otherwise dispose of any 
 property, with an intent to defraud his creditor, until the 
 demand of the plaintiff shall be satisfied, or until three montlis 
 has elapsed from the rendition of final judgment in the suit 
 brought for the recovery of such demand. 
 
 The plaintiff must give security, before the order of arrest 
 is issued, to the effect, thlt if the defendant recover judgment 
 he will pay all costs and damages that may be awarded to 
 the defendant, and all damages which he may sustain by 
 reason of the arrest, not exceeding the sum specified in the 
 undertaking, which shall be at least one hundred dollars. 
 
 Redemption. — Real estate, sold under execution or mort- 
 gage, may be redeemed by debtor within one year from time 
 of sale, by paying the amount of purchase money, and ten 
 per cent, interest from the time of sale. Fifteen months after 
 sale, judgment creditor can redeem the same by paying the 
 amount of purchase money, and seven per cent, interest. 
 
 Property 'exempt from attachment consists of spinning- 
 wheels, weaving looms, stoves ; bibles, family pictures, school 
 books, and books not exceeding fifty dollars in value, used 
 as part of the family library, pew ; ten sheep, cow, two swine, 
 and the necessary food for them ; provisions and fuel necessary 
 for the use of the family for sixty days ; necessary wearing 
 apparel, beds, bedsteads, and bedding, cooking utensils, &c. 
 for the use of the family ; and tools, necessary for a mechan- 
 ic, of the value of $ 25. In addition, the necessary house- 
 hold furniture, tools, and team, to the value of $ 250. ; land 
 not exceeding quarter of an acre, used as a family burying 
 ground, and certified, acknowledged, and recorded as such. 
 
 Homestead of a householder, of the value of $ 1000, is ex- 
 empted from sale. After the death of the householder, the 
 exemption shall continue for the benefit of the widow and 
 famil)', until the youngest child is twenty-one years of age, 
 and until the death of the widow. To entitle any property 
 to such exemption, a notice that the same is designed to be 
 so held shall be executed and acknowledged by the person 
 owning said property, which notice shall contain a full de- 
 scription thereof, and shall be recorded. 
 
 When sheriff thinks the premises worth more than $ 1000, 
 he shall summon six jurors, and if in their opinion the prop- 
 erty can be divided without injury to the interests of the par- 
 ties, they shall set-off so much of said premises, including 
 the dwelling-house, as in their opinion is worth $ 1000, and 
 
RECOVERY OF DEBTS IN NEW JERSEY. 81 
 
 theresiduemay be advertised and sold by the sheriff. But 
 in case the premises cannot be divided, without detriment to 
 the interests of the parties, they shall make an appraisal 
 thereof, and unless the surplus over and above $ 1000 is paid 
 by the debtor or his family within sixty days, the sherifl' shall 
 advertise and sell the premises ; and from the proceeds of 
 such sale shall pay to the execution debtor the sum of $1000, 
 which sum shall for one year be exempted from execution. 
 But no sale shall be made, unless a greater sum than $1000 
 shall be bid therefor. Such homestead is not exempted from 
 taxation, or sale for taxes. 
 
 NEW JEESEY. 
 
 Personal Actions of debt, on account, and upon case, must 
 be brought within six years, on sealed instruments within 
 sixteen years. Entry upon lands in twenty years. 
 
 Attachment. — A creditor, or his agent, or attorney, may ob- 
 tain a writ of attachment against his debtor, by making oath 
 that he believes such debtor is not a resident of the State at 
 the time, or that he has absconded from his creditors ; and that 
 he owes him a certain sum of money. 
 
 If the plaintilF be a non-resident of the state, an affidavit 
 must be made of the cause of the action, before a Commis- 
 sioner, or notary public, in the state in which the creditor 
 resides, or professes to be at the time. 
 
 Exemptions. — Household goods, chattels and tradesman's 
 tools, to the value of $ 200, and all wearing apparel, the 
 property of a debtor having a family ; which property is ex- 
 empt as well after, as before the death of the debtor, for the 
 use ol the family. Besides the fibove a homestead of the 
 value of $ 1000 ; a notice of which must be recorded. 
 
 Arrest of Debtor. — The debtor cannot be arrested in any 
 action founded upon contract express or implied, except the 
 creditor make oath, that there is a debt due him — that the 
 debtor is about to remove his property out of the jurisdiction 
 of the court, with intent to defraud his creditors — that he 
 has property or rights which he fraudulently conceals — and 
 that he has assigned, removed, or disposed of such property, 
 or is about to dispose of it, or that he fraudulently contracted 
 the debt. The debtor is then ordered to be held to bail in 
 such sum as the creditor shall swear to be due. 
 
 Insolvent Law. — Persons arretted or held in custody in any 
 civil action, upon mense or final process, may obtain discharge 
 from imprisonment, but not from debt, by taking benefit of the 
 insolvent laws. Debts must be proved within eighteen months. 
 AssigJiments must provide for the equal distribution of the 
 debtor's property among his creditors. No preferences are 
 permitted excepting to mortgage and judgment creditors. 
 
82 RECOVERY OF DEBTS IN PENNSYLVANIA. 
 
 PENNSYLVANIA. 
 
 Limitation. All actions of debt founded upon any contract 
 or lending without specialty, (except between merchant and 
 merchant) must bo brought within six years. 
 
 Attachment.— If atHisivii be made, and filed by the creditor, 
 of the fact of indebtedness, and that the debtor has absconded 
 from his usual place of abode, or conceals himself to avoid 
 process, his property, both real and personal (except such as 
 is exempted bylaw) maybe attached. The court will ap- 
 point trustees, not being creditors, in whom the entire estate 
 of the debtor is vested, and who will divide the property 
 pro rata among all creditors, who shall prove their claims. 
 
 Trustee Process. — Real and personal estate of a debtor, 
 who does not reside within the State, can be attached, and 
 the garnishee is bound to disclose on oath, &c. 
 
 A creditor residing in another State, may make affidavit 
 before a Commissioner of the State of Pennsylvania, stating 
 the amount of debt, after deducting all off-sets and discounts, 
 and averring that the debt has not been paid, but that the 
 sameisstill due and unpaid. Bond is required of plaintiff for 
 payment of costs in case judgment is given to defendant 
 
 Articles exempted from Attachm,ent. — That in lieu of the 
 property now exempt by law from levy and sale on execu- 
 tion, issued upon any judgment obtained upon contract, and 
 distress for rent, property to the value of three hundred 
 dollars, exclusive of all School Books, in use in the family, 
 and family Bible, (which shall be exempted as heretofore) 
 and no more owned by or in possession of any debtor shall be 
 exempt from levy and sale on execution, or by distress for rent. 
 
 The law provides that the oflieer shall, if requested by the 
 debtor, summon three competent men to appraise the property 
 exempted, &c. ; and the property may be real or personal at 
 the option of the debtor. An act of 1650 requires that three 
 hundred dollars worth of property of any decedent shall not 
 be taken from his widow or children, if he have them. 
 
 Arrest of Debtor. — No person can be arrested or imprisoned 
 for debt, unless the creditor make oath, that a certain amount 
 of money is justly due to him, and that the debtor is about 
 to remove his property out of the jurisdiction of the court; 
 or conceals it fraudulently ; or has rights in action orinterestin 
 stocks, money, or evidence of debt which he refuses to apply to 
 the payment of a judgment ; or that he has assigned, re- 
 moved, or otherwise disposed of his property to defraud his 
 creditors ; or is about so to dispose of it ; or that he fraudu- 
 lently contracted the debt. 
 
 The defendant, upon being arrested, may appear before the 
 judge, and if he controverts the above charges, or pays the 
 demand, or gives security that it shall be paid within sixty 
 
BECOVERY OF DEBTS IN DELAWAKE. 83 
 
 days, or a bond that he will not remove his property, nor con- 
 vey it away, or will within thirty days apply for the benefit of 
 the insolvent laws, — he will be discharged. 
 
 Insolvent Law. — Persons resident within the State six 
 months, or who have been in prison three months, may peti- 
 tion for the benefit of the act. Debtor can obtain his dis- 
 charge, if he has not become bankrupt through gambling, 
 lottery tickets, or has fraudulently concealed his propei:ty ; 
 but if he has done either, he is deprived of the benefit of the 
 act, and becomes liable to imprisonment as for a misde- 
 meanor. No other creditors are affected by the discharge of 
 the debtor, except those who had dne notice. 
 
 Assignments. — A debtor may make a conveyance of all 
 his property (not subject to any lien) in trust for the benefit 
 of his creditors. No preference can be given, except for the 
 wages of labor, not exceeding in all one hundred dollars. 
 
 Redemption. — Lands sold on execution cannot be redeemed. 
 
 DELAWARE. 
 
 Limitation of Actions. — All actions of debt, account, as- 
 sumpsit, and upon the case, must be brought within three 
 years, except a mutual open account between parties, or upon 
 a promissory note or bill of exchange, which may be com- 
 menced within six years. 
 
 Attachment. — A writ of attachment may issue against the 
 property of a resident, or a non-resident of this State, upon 
 oath of the plaintiff that the debtor is indebted to him in the 
 sum of fifty dollars, and has absconded, or gone out of the 
 government with intent to deceive or defraud his creditors. 
 The writ runs against all the property ,real or personal, of 
 the debtor, or credits in the hands of a garnishee, whether 
 he be a resident or not. 
 
 Upon the return of the writ of attachment, three persons 
 must be appointed to adjust the claims of the plaintiff, and all 
 other creditors who may become parties, after thirty days' 
 puBlic notice. 
 
 If a debtor is about leaving the State, with his effects, the 
 creditor may have him arrested though the debt is not due. 
 
 Against a resident, one writ must be returned non est in- 
 ventus, before an attachment can issue. 
 
 Exemption. — Property amounting to $ 100, is exempted 
 from execution, or distress for rent. 
 
 Imprisonment for Debt. — No free white citizen can be im- 
 prisoned, except upon oath of the plaintiff that the debtor is 
 justly indebted to him in a sum exceeding five dollars, and 
 that he verily believes that defendant has secreted, assigned, 
 or disposed of property of the value of more than that amount, 
 with intent to defraud his creditors ; and specify and set forth 
 
84 RECOVERY OF DEBTS IN MARYLAND. 
 
 the supposed fraudulent transactions. A writ cannotissue to 
 take the body of the debtor, unless it appears from the sheriff's 
 return that he has no property within the county to satisfy the 
 debt, or until the plaintiff has made oath to the same effect. 
 There is no redemption for lands sold on execution. 
 
 MARYLAND. 
 
 Actions of debt upon any contract or account, or lending 
 without specialty, (except accounts as between merchant and 
 merchant) must be brought within three years. All actions 
 upon bonds, judgments, or writings indorsed, within twelve 
 years. 
 
 Attachment. — A writ of attachment may be sued out against 
 the property and effects of a debtor, who is either a non-resi- 
 dent, or has absconded, or secretes himself with intent to 
 evade payment of his debts. Where the debtor is absent or 
 has absconded, the creditor must make oath of the defen- 
 dant's indebtedness, and that he either knows, oris credibly 
 informed, or believes, that he has removed from his place of 
 abode, with intent to defraud his creditors. 
 
 When the affidavit is made out of the state, it may be taken 
 before a Commissioner ; — the creditor making oath that the 
 goods, or moneys, were delivered as charged, that he has 
 never received satisfaction or security therefor, and that the 
 balance claimed is justly due. — The clerk or store-keeper will 
 also make oath to the delivery of the goods, and the non-pay- 
 ment of the money ; — and such oaths must be made within 
 twelve months from the delivery of the articles. 
 
 Exemptions. — Real estate acquired by marriage, for debts 
 of husband ; wages of a laborer to the amount of $ 10 in the 
 hands of an employer ; slaves of the wife (acquired either 
 before or after marriage) and her earnings, not exceeding 
 $ 1000 ; corn, bedding, gun, axe, and laborer's necessary 
 tools, and household implements, requisite for the family. 
 
 Imprisonment for Debt. — The Constitution does not allow 
 of imprisonment, except in case of fraud. 
 
 Insolvent Law. — If a debtor applies for the benefit of this 
 act, he must make out a schedule of his estate, with a list of 
 his creditors, under oath, to accompany the petition. A resi- 
 dence of sixty days in the State is required to enable a person 
 to avail himself of this act. A trustee is appointed for the 
 benefit of the creditors, and, upon the debtor's executing a 
 deed to him of all his property, the debtor is discharged from 
 all debts contracted up to the time of his application. All 
 property, however, which he may afterwards acquire, by 
 gift, bequest, descent, or devise, vests in his trustee for the 
 payment of his debts. 
 
 The taking of a bill or note is no discharge of the debt. 
 
RECOVERY OF DEBtS IN VIRGINIA & N. CAROLINA. 85 
 
 VIEGIHIA. 
 Limitation of Actions. — All actions upon the case, (ex- 
 cept slander, and accounts which concern merchandise be- 
 tween merchant and merchant,) and all actions for account, 
 or goods and chattels wrongfully detained, and replevin, shall 
 be commenced within five years'. All actions brought on a 
 store account must be commenced in two years. A new 
 promise, to prevent the operation of the statute of limitation, 
 must be in writing. 
 
 Attachment. — Actions are commenced by the issuing of a 
 warrant by a magistrate, on afBdavit, that the debtor is re- 
 moving, absconding, or otherwise conceals himself, so that 
 process of law cannot be served on him, and such magistrate 
 shall grant an attachment where the debt or demand exceeds 
 the sum often dollars, or four hundred pounds of tobacco. 
 Attachments are levied on the slaves and personal estate of 
 debtor, wheresoever and in whose hands the same may be 
 found. Attachment may be executed on Sunday, if the debt- 
 or is actually withdrawing his property. 
 
 A person within the state, holding goods, effects, or debts 
 of a defendant who is absent from the state, can be restrain- 
 ed, by order of court, from paying or transferring the same 
 to other persons. 
 
 On a special plea of set-off, judgment is forthwith render- 
 ed for the residue of the claim not controverted. 
 
 Imprisonment for Debt is abolished. The whole of the 
 real and personal estate of the debtor (except such as is ex- 
 empted by law,) is bound by the levy of a capias ad satisfa- 
 ciendum from the time when execution shall be levied. The 
 debtor is compelled by process of court to answer interrog- 
 atories, and to discover and surrender his estate. 
 
 On delivering up all personal estate, and on conveying all 
 his real estate to the sheriff, and taking the oath of insolven- 
 cy, the debtor is discharged from custody. 
 
 NOBTH CABOimA. 
 
 Actions of account, assumpsit, trespass, &o., must be 
 brought within three years, except such as concern the trade 
 of merchandise, between merchant and merchant, and their 
 factors or servants. 
 
 Attachment may issue against the real and personal estate 
 of the debtor, upon affidavit being made by plaintiff, that the 
 debtor is absconding, or has removed, or is removing out of 
 the county privately, or so absents or conceals himself that 
 the ordinary process of law cannot be served on him ; and 
 further swears to the amount of his debt or demand. 
 
 TG 8 
 
86 RECOVERY OF DEBTS IN S. A&EOLINA & GEORGIA. 
 
 Imprisonment for Debt. — A debtor can be arrested and 
 held to bail, if plaintiff makes affidavit that he believes the 
 debtor has fraudulently concealed his property, moneys, or 
 effects, or is about to remove from the State. 
 
 The debtor may be imprisoned for any sum, but can have 
 benefit of insolvent lav? and of prison limits. 
 SOUTH CAKOIINA. 
 
 Actions of trespass, detinue, trover, replevin, debt, cove- 
 nant, and case must be commenced vpithin four years ; titles 
 to lands or possessions within ten years. 
 
 Attachment. — A creditor, wherever residing, may attach 
 the real and personal estate of a debtor, who is either a non- 
 resident, or, being a citizen, has been absent from the state 
 more than one year, or who absconds or removes, so that 
 process of law cannot be served on him. The creditor must 
 give bond conditioned to pay all damages in case defendant 
 recovers. The first writ must be first paid. 
 
 Exemptions. — Two beds, bedsteads and bedding; one 
 spinning-wheel, two cards, and one loom ; one cow and calf; 
 implements of a farmer ; tools of a mechanic ; cooking uten- 
 sils ; twenty-five dollars worth of provisions ; one horse ; 
 dwelling-house and fifty acres of land (if not within the 
 limits of any city or tovpn) and not exceeding $500 in value. 
 
 Arrest of Debtor. — The body of the debtor'may be arrested 
 and imprisoned, when the debt exceeds twenty pounds current 
 money. A person confined on mense process, or execution, 
 may, on assigning his estate, be discharged in respect to 
 the particular demands for which he is held in custody. 
 
 A resident creditor may hold debtor to bail, though the debt 
 is not due, upon making affidavit that the debtor is about to 
 remove from the state, and of his ignorance of such intended 
 removal when the debt was contracted. 
 
 Insolvent Law. — The law provides that a person in cus- 
 tody, or on the prison limits, may, within one month from 
 his arrest, on petition and surrender of property, and three 
 months' public notice thereof, obtain his discharge. 
 
 6E0KGIA. 
 
 Actions on notes and written contracts, must be brought 
 within six years ; upon open accounts, four years ; sealed 
 instruments, twenty years ; foreign judgments, five years. 
 
 Attachment. — Suits may be commenced by attaching the 
 property of the debtor, wherever to be found, in the case of 
 non-residence, or where both debtor and creditor are beyond 
 the State, or where debtor is removing, or absconds, or con- 
 ceals himself. These facts, or one of them, must be shown 
 to exist by oath, and a bond be given in double the amount 
 sworn to be due, to which surety must be given. The con- 
 
RECOVERY OF DEBTS IN ALABAMA. 87 
 
 dition of the bond is, to pay all costs and damages which may- 
 be incurred for suing out the same. The attachment first 
 served is to be first paid. Where a debtor is about to re- 
 move, or is removing out of the state, the creditor, on oath 
 as to such fact, and of the indebtedness, may attach his 
 property upon an obligation which is not due. 
 
 Exemptions. — Two beds, bedsteads and bedding ; spinning- 
 wheel, cards and loom ; cooking utensils ; mechanic's tools ; 
 provisions not exceeding $30 in value ; cow and calf; horse 
 or mule, not exceeding $50 in value ; ten hogs ; one yoke of 
 oxen or one horse and cart. Besides the above, fifty acres ■ 
 of land are exempted from execution, if not in a town, city 
 or village. 
 
 Imprisonment for Debt. — The constitution of this State 
 provides that, unless there is presumption of fraud, no debtor 
 shall be imprisoned for debt after having surrendered all his 
 estate, real and personal. 
 
 ALABAMA. 
 
 Actions of debt, not under seal, of account, and upon the 
 case, must be brought within six years ; open accounts within 
 three years; contracts under seal within ten years. 
 
 Attachment. — Suit is commenced by a writ of summons. 
 The creditor may levy an original attachment on lands, goods, 
 or money of the debtor, either actually, or by summons of 
 garnishment in the hands of another, where the creditor 
 swears either that the debtor absconds or secretes himself, or 
 resides or is about to remove his property out of the state. 
 The creditor is required to give a bond, in double the amount 
 of the debt, to prosecute the attachment to effect, or pay the 
 defendant damages, should the suit be proved to have been 
 wrongful and vexatious. 
 
 An attachment may issue though the debt is not due. 
 
 Exemptions. — Furniture not exceeding $150 in value ; fam- 
 ily portraits ; library ; one gun ; two spinning-wheels ; one 
 loom ; man's and woman's saddle : three cows and calves ; 
 twenty sheep ; twenty hogs ; 500 pounds meat; 1000 pounds 
 fodder ; 25 bushels wheat ; all the meal on hand for use of 
 family ; one horse, or mule, or yoke of oxen ; one ox or 
 horse-cart ; tools of mechanic, not exceeding in value $200 ; 
 two plows and gear ; two hoes ; 100 bushel corn ; wearing 
 apparel ; 30 pounds wool or wool-rolls ; 100 pounds ginned, 
 or 400 pounds seed-cotton ; all cloth on hand for use of fam- 
 ily ; 1000 pounds oats in the sheaf ; 25 bushels potatoes. Be- 
 sides tlie above, the homestead, not to exceed forty acres of 
 land, or $500 in value is exenipted from execution. 
 
 Imprisonment of Debtor. — No imprisonment of debtor can 
 take place, except on oath of the creditor, that the debtor is 
 
88 RECOVERY OF DEBTS IN MISSISSIPPI li LOUISIANA. 
 
 about to abscond, or has fraudulently conveyed, or is about 
 to convey his estate and effects, which he fraudulently with- 
 holds. On the plaintiff or his attorney making such oath, the 
 debtor may be arrested and held to bail. 
 
 Insolvent Law. — None are excepted from the benefit of this 
 law. Ten days' notice, if creditors reside in, and twenty if 
 out of, the State, is given, by advertising in some newspaper. 
 
 MISSISSIPPI. 
 
 All actions of debt founded upon any contract, or rent, not 
 under seal, or actions upon the case, and for the recovery of 
 money, or goods sold and delivered, or work or labor done, 
 or account stated, must be brought within three years. Ac- 
 tions on promissory notes and bills of exchange, must be 
 commenced within six years ; actions between merchant and 
 merchant within four years ; actions under seal within ten 
 years ; foreign judgments in three years. 
 
 Attachments may issue against the estate of a debtor, upon 
 oath of the creditor, his agent or attorney, that the debtor has 
 removed, is removing out of the State, or privately conceals 
 himself so that process of law cannot be served, of the amount 
 of the debt, and the grounds of belief, whether from a 
 knowledge of the fact, personally, or by information. 
 
 An attachment may issue before the debt becomes payable, 
 where creditor believes that his debtor is about removing with 
 his property out of the State, or has removed, leaving effects, 
 or debts in the hands of other persons, upon his making oath 
 as to the amount of his debt, and the time when it will be- 
 come payable. 
 
 Before granting a writ, the plaintiff must give a bond to pay 
 all costs and damages that defendant may recover against him. 
 
 Redemption. — Land can be redeemed by either debtor or 
 creditor within two years, by paying the purchase-money, 
 with ten per cent, interest. 
 
 Exemptions. — Wearing apparel of family ; tools of me- 
 chanic ; agricultural implements of a farmer ; books of a stu- 
 dent ; library of a minister ; school books ; 100 bushels corn ; 
 20 bushels wheat ; 800 pounds pork or bacon ; one plow-horse 
 not exceeding in value $100; a cow and calf; arms and 
 equipments. 
 
 Homestead, if in the country consists of 160 acres of land, 
 if in town a house and lot valued at $ 1500. 
 
 Imprisonment for Debt, on mesne and final process, has 
 been abolished, except in cases of fraud. 
 
 LOUISIANA. 
 
 No action can be sustained, after the lapse oi one year, to 
 recover fees due a justice, notary, constable, or the compen- 
 sation of a schoolmaster, or an instructor in the sciences who 
 
RECOVERY OF DEBTS IN TENNESSEE. 69 
 
 teaches by the month, or the claims of innkeepers, boarding- 
 housekeepers, retailers, workmen, laborers, servants, ship- 
 owners for freight, officers, sailors for wages, to commeiice 
 from the termination of the voyage, and claims for supplies 
 and materials furnished vessels. 
 
 Actions upon bills, promissory notes payable to order or 
 bearer, (except bank notes,) and all choses in action transfer- 
 able by indorsement, must be commenced within five years. 
 
 Attachment. — There is no attachment upon mesne process, 
 except upon the oath of the plaintiff, either that the defend- 
 ant is about leaving, permanently, the state, without there 
 being a possibility of obtaining judgment before his depart- 
 ure, or where such debtor has already left the slate, never 
 to return, or resides out of the State, or conceals himself to 
 avoid citation, or that he is concealing or disposing of his 
 property to avoid payment of the debt. Any species of prop- 
 erty which can be seized, can be taken on execution, except 
 such articles as are exempted by law for the use of the debtor 
 and his family. Attachment may issue though debt is not due. 
 
 The property of the debtor is pledged to his creditors, and 
 the proceeds of sale must be divided among them pro rata, 
 unless there exist a privilege or mortgage. 
 
 Any person having property of the debtor may be sum- 
 moned as a garnishee. 
 
 Respite. — If a debtor is unable to satisfy his debts at the 
 moment, he may obtain a voluntary respite, where all the 
 creditors agree, or forced, when only a majority consent, 
 which is binding on those who do not agree. Bxyah respite 
 cannot exceed three years. 
 
 Imprisonment for debt is abolished, unless the plaintiff 
 swears that the debtor has absconded from another State, to 
 avoid payment of the debt, or intends leaving the State be- 
 fore judgment can be had against him, without leaving suffi- 
 cient property to satisfy the demand. 
 
 TENNESSEE. 
 
 Actions of account, and upon the case, (except between 
 merchant and merchant their factors or servants,) actions of 
 debt for rent, detinue, replevin, and trespass (juare clausum 
 fregit must be brought within three years ; and upon any 
 contract or lending, not under seal, within six years. The 
 same limitation applies to bonds, bills, and other securities 
 transferable by law, after their assignment or indorsement, 
 as is applicable to promissory notes. 
 
 Attachments may issue against the property of a debtor, 
 resident in the state, whenever the sheriff shall return that 
 defendant is not to be found in his county, or where a cred- 
 TG 8* 
 
90 RECOVERY OF DEBTS IN KENTUCKY. 
 
 itor makes affidavit that the debtor has absconded, conceals, 
 or removes himself, or is about to remove his property beyond 
 the limits of the State, or is a non-resident. 
 
 Creditor must give bond in double the amount of his debt 
 that the attachment is not wrongfully sued out. Sureties and 
 accommodation indorsers may attach their principals, who 
 may be removing, absconding, or carrying off their property, 
 whether the debt for which they are liable is due or not. 
 No decree to be made until the debt is due. 
 
 If the garnishee debtor does not appear and answer at the 
 next term, after service of notice, a conditional judgment for 
 the whole debt is rendered against him, to be made absolute at 
 the following term, unless he appear and put in his answer. 
 
 Exemptions. — One cow and calf; one bedstead and bed, 
 two sheets, two blankets, and one counterpane ; if the family 
 consists of six or more persons, one additional bed and bed- 
 stead, six chairs, one bible and hymn book, six knives and 
 forks, six plates ; one dish, one pot, one dutch oven, one 
 spinuing-wheel, one loom and gear, one pair of cotton cards ; 
 one axe ; five sheep, ten hogs, all fowls and poultry ; ten 
 barrels coin, 300 pounds pork or bacon ; one plow, one hoe, 
 one set of gears for plowing, one farm horse, mule, or yoke 
 of oxen ; tools of a mechanic necessary in his trade ; arms 
 and equipments. 
 
 Imprisonment for debt does not exist in this State. 
 
 Lands levied on and sold, may be redeemed within two 
 years after the sale by the debtor, on paying the amount bid 
 and ten per cent, interest. Judgment creditor may Etlso re- 
 deem by paying the amount bid, and interest thereon at six 
 per cent., with ten per cent, in addition to the debtor. 
 
 KENTUCKY. 
 
 Limitations. — Actions brought on store accounts, for goods, 
 wares, &c., sold and delivered, must be commenced in one 
 year to be computed from the first day of January next suc- 
 ceeding the respective dates or times of delivery of the arti- 
 cles ; actions upon the case, trespass, detinue, rent, or replev- 
 in, within five years. 
 
 Attachments may issue against one or more defendants, 
 who, or some one of whom reside out of the state, or who 
 has been absent from the state for four months, or has left 
 the state with intent to defraud his creditors, or has left the 
 county for the purpose of avoiding a summons, or so conceals 
 himself that summons cannot be served upon him ; or is about 
 to remove his property or some portion of it from the state, 
 not leaving sufficient for the claims of plaintiff; or who 
 has or is about to dispose of his property with intent to 
 defraud his creditors. An attachment may issue though 
 debt is not due. 
 
KECOVERY OF DEBTS IN OHIO. 9[ 
 
 Exemptions. — Wearing apparel ; mechanic's tools not ex- 
 ceeding $100 in value, and working beast of mechanic; 
 one plow and gear ; one axe ; one hoe ; two cows and calves ; 
 two beds and bedding ; one loom, spinning-wheel and cards ; 
 yara, cloth, and carpeting manufactured by the family ; one 
 pot and oven ; six plates ; six knives and forks ; six cups and 
 saucers ; one coffee-pot and tea-pot ; one table ; six chairs ; 
 one bible; one yoke of oxen, or one working beast ; saddle and 
 bridle ; poultry ; five sheep ; stove and cooking utensils not 
 exceeding $25 ; provisions and fuel for family for six months. 
 
 Arrest of DAtor. — No person can be arrested for debt or 
 held to bail, unless the plaintiff file an affidavit with the clerk 
 of the court, stating that he believes the defendant will leave 
 the state, or move his property out of the same, before judg- 
 ment can be executed, or abscond, or that the debtor has 
 money, or securities, or evidences of debt in his possession, 
 or in the possession of others for his use, and is about to quit 
 the state without leaving sufficient property to meet the 
 claims of plaintiff; and the afiidavit must state the nature and 
 amount of claim, and that it is just. 
 
 Real estate, taken on execution, unless it brings two-thirds 
 of its value, can be redeemed by the debtor at anytime within 
 one year from the sale, on payment of the purchase money, 
 and ten per cent interest. 
 
 Insolvent Law. — Debtor's person is released on the deliv- 
 ery of a schedule of his property, and his taking the insol- 
 vent's oath. Jail limits are co-extensive with the State. 
 
 OHIO. 
 
 Action upon contracts not in writing, must be brought 
 within six years ; upon specialty contracts, or promises in 
 writing, within fifteen years. 
 
 A civil action must be commenced by filing a petition in 
 the office of the Clerk of the Court, and causing a summons 
 to be issued, 
 
 Attachments. — Creditor, or his agent or attorney, must 
 make afBdavit of the nature of the claim, that it is just, and 
 the amount which the affiant believes plaintiff ought to re- 
 cover ; and that the defendant, or one of several defendants, 
 is a foreign corporation, or a non-resident ; or has absconded 
 with intent to defraud his creditors ; or has left the county 
 of his residence ; or conceals himself to avoid the service of 
 a summons ; or is about to remove his property, or a part, '' 
 out of the jurisdiction of the court, with intent to defraud 
 his creditors ; or is about to convert his property, or part 
 thereof, into money, for the purpose of placing it beyond the 
 reach of his creditors ; or has property, or rights in action, 
 which he conceals ; or has assigned, removed, disposed 
 
92 RECOVERY OF DEBTS IN OHIO. 
 
 of, or is about to dispose of, his property, or part thereof, 
 with intent to defraud his creditors ; or fraudulently contracted 
 the debt. But no attachment shall be granted on the ground 
 that the debtor is a foreign corporation or a non-resident, 
 other than upon a debt or demand arising upon contract, 
 judgment, or decree. 
 
 Plaintiif must give sureties, not exceeding double the 
 amount of his claim, that he will pay the defendant all 
 damages he may sustain byreason of the attachment, if the 
 order be wrongfully obtained. 
 
 Defendant may discharge attachment any time before 
 judgment, by giving sureties in double the amount of plain- 
 tiff's claim, that he will perform the judgment of the court. 
 
 The court, or any judge, may, on application of the plain- 
 tiff, and on good cause, appoint a receiver, who shall take in- 
 to his possession all notes, due bills &c., that have been 
 taken by the sheriffor other officer, as the property of defend- 
 ant. Property of a perishable character &c., may be sold 
 by order of court, during the pendency of the suit. Garni- 
 shees must appear and make disclosures, or may pay money 
 &c., to sheriff, or into court. 
 
 Arrest. — A defendant can be arrested before and after 
 judgment, when the plaintiff, his agent or attorney, shall 
 have made affidavit of the nature of the claim, that it is just, 
 cind the amount thereof, as nearly as may be, and establishing 
 one or more of the following particulars: Isl — That the 
 defendant has removed, or begun to remove his property out 
 of the jurisdiction of the court, with intent to defraud his 
 creditors : 2nd — That he has begun to convert his property, 
 or a part thereof, into money, for the purpose of placing it 
 beyond the reach of his creditors : 3d — That he has property, 
 &o., which he fraudulently conceals : 4th — That he has as- 
 signed, removed, or disposed of, or has begun to dispose of his 
 property, with intent to defraud his creditors : and 5th — That 
 he fraudulently contracted the debt. The affidavit must also 
 contain a statement of the facts claimed, to justify the belief 
 in the existence of one or more of the above particulars. 
 
 When actions are barred by lapse of time in another State, 
 between non-residents, no action can be maintained thereon 
 in this State. 
 
 Debtor may have stay of execution on five dollars, 60 days ; 
 not exceeding twenty, 90 days ; not exceeding fifty dollars, 
 150 days ; over fifty dollars, 240 days. 
 
 Plaintiff, if a non-resident in the county in which the action 
 is to be brought, must, before commencing an action, furnish 
 a surety for costs. 
 
 Exemption. — The earnings of judgment debtor for per- 
 sonal services at any time within three months next preced- 
 
RECOVERY OF DBBTS IN INDIANA. 93 
 
 ing the order of judge, cannot be taken, when by debtor's 
 affidavit,, or otherwise, such earnings are necessary for 
 the use of a family supported wholly, or partly by his labor. 
 Exemptions. — Honfiestead of the value of $500. A per- 
 son not the owner of a homestead, if the head of a family, 
 can hold, exerhpt from execution, mechanical tools, or a team, 
 or farming utensils, not exceeding $ 300, in addition to the 
 chattel property now by law exempted, which is as follows : 
 wearing apparel, beds, bedsteads, and bedding of family; 
 stove ; fuel I'or sixty days ; one cow, but if debtor own none, 
 then, household furniture, of the value of $ 15-00 ; two 
 swine, or the pork, or, furniture of the value of $600 ; six 
 sheep, and food for them for sixty days, or, the wool and 
 cloth, or, in lieu thereof, furniture not exceeding $ 10 00 ; 
 the bibles, hymn books, school books, and family pic- 
 tures ; provisions, designed for the family, amounting to 
 $ 4000 ; and other articles of furniture for family not exceed- 
 ing $3000; the tools and implements of debtor, whether 
 mechanical or agricultural, not exceeding $ 50 00. The 
 above articles to be selected by debtor. 
 
 INDIAKA. 
 
 Actions on accounts and contracts not in writing, and rents, 
 and profits of real property, injuries to property, and relief 
 against frauds, must be brought within six years. 
 
 All actions on bonds, bills, notes,orany contract in writing; 
 and all judgments and decrees of any court of record, may be 
 brought within twenty years. 
 
 Attachment may issue whenever the creditor makes oath 
 that the defendant, or one of several defendants, is a foreign 
 corporation, or a non-resident ; or, where the defendant, or 
 one of several defendants is secretly leaving, or has left the 
 state ; or so conceals himself that a summons cannot be served 
 on him ; or is removing or about to remove his property from 
 the state ; or has sold or is about to sell, or permitted to be 
 sold, conveyed, or otherwise disposed of his property, with 
 the fraudulent intent to cheat, hinder, or delay his creditors; 
 and the plaintiff or some person in his behalf, shall make 
 aiEdavit, showing the nature of the plaintiff's claim ; that it 
 is just ; the amount he believes plaintiff ought to recover ; 
 and that there exists some one of the grounds for an attach- 
 ment above enumerated. 
 
 Exemptions. — Property whether personal or real, of the 
 value of $ 300, is exempted from attachment. 
 
 Any person holding property of the debtor, may, on oath 
 of the creditor, be compelled to appear and answer all ques- 
 tions put to him in relation to it. 
 
 Arrest of Debtor. — The debtor may be arrested on th 
 creditor's filing an affidavit of his right to secure debt Oj 
 
94 RECOVERY OF DEBTS IN ILLINOIS. 
 
 damages, and that he believes debtor intends defrauding him 
 by leaving the State, or concealing his effects. If bail is not 
 given, debtor is committed to prison. Debtor may, howev- 
 er, procure his discharge, by taking the oath of insolvency. 
 Property afterwards acquired is held liable. 
 
 The debtor may, by giving bail, procure a stay of execu- 
 tion on sums from six dollars, to any amount, and varying 
 from thirty to one hundred and eighty days. 
 
 Property taken on execution must be appraised, and sold for 
 its fair value. Lands sold on execution cannot be redeemed. 
 ILLINOIS. 
 
 All actions founded upon any promissory note, simple con- 
 tract in writing, judgment, bond, &c., must be brought within 
 sixteen years. All actions founded uppn accounts, bills of 
 exchange, orders orpromises not in writing, must be brought 
 within five years. 
 
 Attachment. — A creditor, or his agent, may obtain a writ 
 of attachment, by making complaint on oath or affirmation to 
 the clerk of the circuit court, that the debtor is indebted to 
 him in a sum exceeding twenty dollars, and that he believes 
 that it is his intention to depart from, or that he has depart- 
 ed from the State, or avoids the process of service by con- 
 cealing or removing his property, or that he is a non-resident 
 of the State. The creditor, before the attachment issues, 
 must execute a bond to prosecute the suit and pay all dam- 
 ages, should it be decided against him. 
 
 The maker of a note must be prosecuted to insolvency, 
 unless such suit would be unavailing, before a suit can be 
 instituted against the indorser. 
 
 Exemptions. — Beds, bedsteads, bedding and cooking uten- 
 sils ; household furniture of the value of $ 1.5 ; spinning 
 wheels, cards, loom, stove ; cow and calf; two sheep, with 
 the fleeces of two sheep for each member of the family ; sixty 
 dollars worth of property ; fuel and provisions for three 
 months ; lot often acres for a burying ground, and recorded 
 as such. Upon the death or desertion of the head of the 
 family, the family shall be entitled to the like exemption. 
 
 In addition to the above a Homestead, consisting of a lot of 
 ground and the buildings thereon, occupied as a residence and 
 owned by the debtor, being a householder and having a fam- 
 ily, to the value of $ 1000. — In its general features this law 
 resembles the New York' Homestead Law — (see p. 80.) 
 
 A plaintiff residing abroad may make affidavit before a 
 commissioner of the State, or notary public, of the sum due, 
 and that the same will be in danger of being lost, or that the 
 benefit of whatever judgment may be obtained will be in 
 danger, unless defendant be held to bail. 
 
 Imprisonment for debt is abolished, except where the debtor 
 
KECOVERY OF DEBTS IN MISSOURI. 95 
 
 refuses to deliver up his property, or there is strong presump- 
 tion of fraud. The debtor, on delivering up all his property, 
 may take the benefit of the act of insolvency. 
 
 Sedemptinn. — Lands sold upon execution can be redeemed 
 by the debtor in tvpelve months after sale, by paying the pur- 
 chase money and ten per cent, interest. 
 
 MISSOTTEI. 
 
 Limitations. — All actions founded upon any writing sealed 
 or unsealed, for the payment of money must be brought with- 
 in ten years ; and all actions upon open accounts for goods, 
 wares and merchandise, and for store accounts, must be 
 brought within two years ; other actions upon account within 
 five years ; bonds, judgments and decrees in twenty years. 
 
 Attachment may issue from any court, other than a jus- 
 tices, where the sum demanded amounts to fifty dollars. — 
 1. Where the defendant is not a resident of this state. 2. 
 Where the defendant is a corporation, whose chief ofiice or 
 place of business is out of this state. 3. Where the defend- 
 ant conceals himself. 4. Where the defendant has abscond- 
 ed. 5. Where the defendant is about to remove his property 
 uot of the state. 6. Where the defendant has fraudulently 
 conveyed his property, or concealed, or assigned, or is about 
 to conceal or dispose of his property so as to hinder or delay 
 his creditors. 11. Where the catise of action accrued out 
 of the state, and the defendant has absconded, or recently 
 removed his property into this state. . 12. Where the dam- 
 ages for which the action is brought, are for injuries arising 
 from the commission of some felony or misdemeanor. 13. 
 Where the debtor has failed to pay the price of any article, 
 which, by contract he was bound to pay upon the delivery. 
 
 An attachment may issue on a demand not yet due, in 
 any of the above cases. 
 
 Attachment may issue on demands for less than fifty dol- 
 lars, and not less than five, when in addition to the affidavit 
 made by the plaintiff that he has a just demand, and that the 
 amount he believes he ought to recover, after allov/ing all 
 
 just credits and set-off is dollars, and that he has good 
 
 reason to believe and does believe in the existence of one or 
 more of the preceding causes, which would entitle him to 
 sue by attachrhent, and it shall be stated by the affiant, that 
 the defendant has not any goods or chattels, within this state 
 liable to attachment. 
 
 An affidavit before a judicial officer of another State author- 
 ized to administer oaths, is good in this State for the pur- 
 pose of granting an attachment. It must state " that the de- 
 fendant is justly indebted to the plaintiff, after allowing all 
 set-offs, in the sura of $ , and on what account the same 
 
96 KECOVERY OF DEBTS IN MICHIGAN. 
 
 accrued, and also that the affiant has good reason to believe, 
 and does believe the existence of one or more of the causes 
 which authorize a suit by attachment." 
 
 Either party may, on motion, procure an order to examine 
 the adverse party. 
 
 Imprisomrtent/or debt is abolished, except in cases of fraud. 
 
 MICHIGAN. 
 
 All actions of debt founded upon any contract, or liability 
 not under seal, except such as are brought upon the judgment 
 or decree of some court of record ; all actions upon judg- 
 ments, other than the above ; all actions for arrears of rent, 
 assumpsit, or upon the case, or of waste must be brought 
 within six years ; actions upon other contracts within ten years. 
 
 Attachment. — A creditor, on making oath, that he believes 
 his debtor has absconded, or is a non-resident, and has not 
 resided in the State for three months, or has concealed him- 
 self, or is about to convey or remove any of his property, 
 with intent to defraud his creditors, may obtain a writ of at- 
 tachment in the circuit or county courts, where the debt, over 
 and above all legal set-offs, amounts to one hundred dollars. 
 If there has been no personal service, but property has been 
 attached, notice of such attachment must be published in the 
 county for six successive weeks. A person holding goods or 
 credits of the debtor may be summoned as garnishee, and 
 if he do not appear, or there is cause to fear that he may 
 abscond, the eeurt may issue a warrant for his arrest. 
 
 Where the plaintiff is a non-resident of the State, the writ 
 must be indorsed by some respectable inhabitant of the State. 
 
 The value of property exempted from execution amounts 
 to $500, consisting of spinning wheels, weaving looms, 
 stoves, pew, cemeteries, fire arms ; $150 in books, and all 
 family pictures. To householders ten sheep, two cows, five 
 swine ; provisions for six months ; $250 in furniture ; hay, 
 grain, (Sic, for six months. Tools, stock, teams, &c., ne- 
 cessary for his trade or profession ; besides the homestead. 
 
 Homestead. — Forty acres of land, and the dwelling-house 
 thereon, to be selected by the owner, or a town lot and dwell- 
 ing-house, owned and occupied by any resident of the State, 
 and not exceedmg fifteen hundred dollars in value, 
 
 Arrest of Debtor. — No person can be arrested or impris- 
 oned for debt, unless the creditor establishes, on oath, the 
 amount and nature of the debt, and that the debtor is about 
 to remove his property beyond the jurisdiction of the court, 
 that he has property which he refuses to apply to the pay- 
 ment of the debt, that he has assigned, removed, or is about 
 to dispose of the same, with intent to defraud his creditors. 
 
 Debtor may have stay of execution, on $25 for ninety 
 
RECOVERY OF DEBTS IN ARKANSAS. 97 
 
 days; $50 for six months ; and when the danaages exceed 
 $50 ten months. 
 
 Mortgages may be foreclosed either in chancery or in 
 county courts, or by advertisement, and can be sold at any 
 time without redemption within one year ; if sold by order of 
 court or advertisement they may be redeemed within one 
 year. Real estate sold on execution can be redeemed within 
 the same time. 
 
 Insolvent Law. — Any inhabitant of this State can petition 
 for the benefit of this act, by an assignment and delivery of 
 all his property to his assignees, to be equitably distributed 
 among all his creditors. 
 
 ABEANSAS. 
 
 Actions upon promissory notes, and other writings, not 
 under seal, must be brought within five years ; on sealed in- 
 struments, judgment and decrees, within ten ; and all actions 
 of account, assumpsit, or case, founded on any other contract 
 in three years. 
 
 Attachment. — Every person having a real, subsisting debt 
 or demand against another, in the nature of contract, not 
 exceeding one hundred dollars, can obtain a writ of attach- 
 ment, on making and filing, before any justice of the peace, 
 an affidavit, that the debtor is about to remove himself, or his 
 effects, out of the state, or conceals himself so that the or- 
 dinary process of law cannot be served on him, or is a non- 
 resident of the state. 
 
 The service of the writ on the garnishee shall be by read- 
 ing the writ to him, or delivering him a copy at his residence. 
 
 Plaintiff shall enter into bond to the defendant, conditioned, 
 that if he disprove or avoid the debt, he will respond to such 
 damages as shall be awarded against him. 
 
 The writ first levied shall be first paid according to priority. 
 
 Imprisonment for Debt. — No person can be imprisoned on 
 mesne or final process, issuing from any court, or officer, except 
 where fraud is alleged by the plaintifi", and supported by his 
 affidavit, and the affidavit of some disinterested person. 
 
 Properly exempted from execution, consists of wearing ap- 
 parel, tools and implements of trade of a mechanic ; and, 
 when owned by a married man; the wearing apparel, and 
 such necessary beds, bedding, and household furniture, as 
 maybe necessary for the family; one horse, one cow and 
 calf, farming tools, &c., if the person is a farmer. 
 
 Interests in land, goods and chattels, slaves, rights and shares 
 in an incorporated company, bills or evidences of debt issued 
 by any moneyed corporation, may be taken and sold, after no- 
 tice has been given by advertisement, for at least twenty days. 
 
 TG 9 
 
98 RECOVERY OF DEBTS IN DISTRICT OF 0. & FLORIDA, 
 
 DISTRICT OF COLUMBIA. 
 
 Actions (the same as Maryland.) 
 
 The laws of Maryland, as they existed in 1801, continue 
 in force in the District, unless where modified or repealed by 
 Acts of Congress. 
 
 No person can be held to bail in any civU suit, unless an 
 affidavit, filed by the plaintiff, or his agent, stating the amount 
 he believes to be due, and that the debt vfas contracted by 
 fraud or false pretences, or that the defendant is concealing 
 or has concealed his property, in the District or elsewhere, 
 oris about to remove the same, or his residence, or abscond 
 in order to evade the payment of his debt. 
 
 Imprisonment for Debt. — No person can be held to bail, or 
 imprisoned, in any civil action, where the debt, exclusive of 
 interest and costs, is less than fifty dollars, or where he has 
 been held to bail, or where the plaintiff, after judgment has 
 been rendered in his favor, shall make oath that the defendant 
 has conveyed away, or otherwise disposed of, or has or is 
 about to remove, his property, with intent to hinder or delay 
 the recovery or payment of his debts. 
 
 FLOBIDA. 
 
 Actions of account and upon the case, and assumpsit must 
 be brought within five years ; on book accounts, within two 
 years from the times of the delivery of the several articles. 
 
 Attachment may issue upon affidavit of party applying 
 therefor, that the debt or demand is actually due, or to become 
 due within nine months ; and that the defendant is or intends 
 removing or absconding ; or conceals himself; or is secreting 
 or fraudulently disposing of his property ; and the plaintiff is 
 obliged to give bond, with good and sufficient sureties, that 
 he will pay all damages sustained by the defendant, if said 
 writ of attachment has been improperly sued out. 
 
 On proper affidavit, a writ may issue at any stage of the suit. 
 
 Exemptions. — Wearing apparel and bedding ; kitchen fur- 
 niture ; horse, saddle, harness, and vehicle of clergymen, 
 not exceeding $100 in value ; hoise, saddle and bridle, med- 
 icine and books of physician, not exceeding $100 ; horse and 
 gun belonging to a farmer who is cultivating five acres of 
 land, not exceeding $100 ; a housekeeper with a family may 
 hold property not exceeding $100 in value ; a mechanic, art- 
 ist, dentist, or tradesman may hold his working tools or in- 
 struments not exceeding $100 in value ; fisherman, pilot, or 
 resident may hold his boat and gun, not exceeding in value 
 $200. Every white citizen, male or female, being a house- 
 holder, shall be entitled to a homestead, not exceeding one 
 hundred and sixty acres of land, or town or city lot, with the 
 appurtenances, being the residence of such head oi a family. 
 
RECOVERY OF DEBTS IN WISCONSIN. 99 
 
 The process of garnishment cannot be resorted to in this 
 State until after judgment rendered — but no summons will 
 be issued until the plaintiff or his agent has made affidavit 
 that he does not believe that the defendant has sufficient avail- 
 able property to satisfy the judgment against him. 
 
 WISCONSIN. 
 
 Actions of Debt founded upon any contract, not under seal, 
 (except judgments of some court of record) must be brought 
 within six years ; contracts under seal, &c., twenty years. 
 
 Attachment may issue from the county and circuit courts, 
 when the debt exceeds one hundred dollars, against the prop- 
 erty of the debtor, if the plaintiff shall make affidavit that the 
 defendant is justly indebted to him, the amount of the debt 
 over and above all set-offs, and that he has absconded, or 
 is about to abscond, or is concealed, or has assigned, dis 
 posed of, or concealed, or is about to conceal his property, 
 or has removed, or is about to remove his property, with intent 
 to defraud his creditors, or fraudulently contracted the debt, 
 or is not a resident of the state, or is a foreign corporation. 
 Defendant may appear at the time of making the affidavit, 
 and controvert any of the charges alleged. 
 
 Injustices' courts, under similar circumstances, an attach- 
 ment may issue, when the amount due, as stated in the affi- 
 davit, exceeds five dollars, and not more than fifty. 
 
 Imprisonment for Debt. — The Constitution abolishes im- 
 prisonment for debt, arising out of, or founded on a contract. 
 
 Insolvent Law. — A debtor, on making affidavit that he has 
 " not disposed of, or made over any part of his property for 
 his future benefit, or to defraud his creditors, and that he has 
 not acknowledged a debt for a greater sum than he honestly 
 owes, nor paid, nor compounded with any of his creditors," 
 is discharged from his debts. All the creditors, who think 
 fit to become parties to the conveyance, share alike in propor- 
 tion to their respective claims. 
 
 Exemption. — Family bible, pictures, school books or libra- 
 ry, pew in church, rights of burial, apparel of debtor and 
 family, beds and bedding, stoves, and household furniture not 
 exceeding $200 ; two cows, one yoke of oxen, and a horse ; 
 or instead of them, a span of horses ; ten sheep and the wool, 
 food for the stock one year ; one wagon, cart, or dray ; one 
 sleigh, one plow, one drag ; and other farming utensils not 
 exceeding $ 50 ; provisions and fuel for family for one year ; 
 the tools of a mechanic not exceeding $ 200 ; library of pro- 
 fessional man not exceeding $ 200. 
 
 Homestead. — Forty acres of land, used for agricultural 
 purposes, with the dwelling-house ; or town lot, not exceed- 
 ing in value f 1000, with dwelling-house thereon. 
 
100 RECOVERY OF DEBTS IN IOWA & TEXAS. 
 
 Bedemption. — The debtor may redeem real estate in two 
 years, on paying- the amount bid, and ten per cent. Judgment 
 debtor may redeem land within two years, on paying the 
 amount bid, and seven per cent. Any of his creditors may 
 do the same within three months next ensuing. 
 
 IOWA. 
 
 Actions founded on written contracts, for injury to property, 
 or for relief on the ground of fraud, must be brought within 
 five years ; actions founded on written contracts, judgments 
 of courts, and recovery of real property, must be brought 
 within ten years ; and if action is founded on a judgment of a 
 court of record, then twenty years. 
 
 Attachment. — An attachment may issue, upon affidavit be- 
 ing made by plaintiff that the debtor is a non-resident of the 
 State, or that he is about to remove, or dispose of his prop- 
 erty, or that he has absconded, or is about to abscond, or 
 that he has property not exempt from execution, which he 
 refuses to give in payment of the debt, or as security. Cred- 
 itor must give a bond to respond to damages, if suit is decided 
 against him. 
 
 Exemptions. — Wearing apparel with trunks ; musket or 
 rifle ; tools, instruments, and books used in his business or 
 profession ; horse and wagon used by a professional person ; 
 libraries, family bibles, portraits and paintings ; a pew, and 
 burying ground. If the debtor be the head of a family, there 
 is a fiirther exemption of a cow and calf, horse, fifty sheep, 
 and the wool, five hogs and the pigs, and food for sixty days ; 
 flax, 100 yards of cloth ; furniture not exceeding $ 100 ; bed 
 and bedding for every two in the family, and provisions and 
 fuel for six months ; and the earnings of the debtor within 90 
 days next preceding the levy. 
 
 Homestead. — Half an acre with house, if within a town plat, 
 and not more than forty acres if not. If the value is less than 
 $ 500, it may be enlarged until it reaches that amount. 
 
 Imprisonment for D At. — The Constitution does not allow of 
 imprisonment for debt in any civil action on mesne or final 
 process, unless in case of fraud. 
 
 TEXAS. 
 
 Personal actions are limited to two years. Actions of debt 
 on contract, in writing, to four years. 
 
 Attachment. — An attachment may issue, upon affidavit be- 
 ing made by plaintiff, or his agent or attorney, of the amount 
 of the debt, and that his debtor is not a resident of the state, 
 or that he is about to remove himself or his property out of 
 the state, so that process of law cannot be served on him, 
 and plaintiff probably lose his debt. The attachment may 
 be made even if the debt is not due. Improved lands are not 
 
RECOVERY OF DEBTS IN CALIFORNIA. 101 
 
 to be taken, unless the personal property and unimproved 
 lands prove insufficient to satisfy the demand. Defendant 
 may retain possession of slaves, and other personal property, 
 by giving a bond, for their forthcoming on the day of sale. 
 
 Homestead exempted from execution consists of fifty acres 
 of land in the country, or land and house in town, city, or 
 village of the value of $ 600. Articles of household neces- 
 sity, not exceeding % 200 ; implements of husbandry, $ 50 ; 
 tools, books, five cows, one yoke of oxen,'one horse, twenty 
 hogs, and one year's provision, are also exempted. 
 
 Imprisonment for debt is not allowed, except in cases of 
 fraud, avoidance. Or concealment. 
 
 CALIFOENIA. 
 
 An action upon a contract, obligation, or liability, not 
 founded upon any instrument in writing must be brought with- 
 in two years ; and an action upon a contract, or liability, 
 founded upon an instrument in writing within four years. 
 
 Attachment. — A. writ of attachment may be sued out 
 against the property of the debtor, upon affidavit being made 
 by the creditor, his agent, or attorney, that the debtor is in- 
 debted to plaintiff in the sum of two hundred dollars, or 
 more, stating the amount, above all legal set-offs, and that 
 he has reason to believe that he has absconded, or intends 
 to abscond from the state, or is concealed ; or has removed, 
 or is about to remove his property, or has conveyed, assign- 
 ed, or disposed of, or is about fraudulently to convey or con- 
 ceal the same, to the injury of, and with intent to defraud 
 his creditors. Bond is required of the plaintiff, to pay all 
 damages, if suit be decided against him. Attachment may 
 issue, on affidavit of plaintiff, though debt is not due. In the 
 matter of attachment, the demand must grow out of a Cali- 
 fornia contract, though the debtor or creditor be a citizen or 
 foreigner. 
 
 Arrest of Debtor. — The Constitution provides that no per- 
 son shall be imprisoned for debt, in any civil action on mesne 
 ox final process, unless in case of firaud. 
 
 Homestead. — Land with dwelling-house, not exceeding 
 $ 5000 to be selected by the debtor ; and also personal prop- 
 erty. If the head of the family die, the same benefits accrue 
 to wife and children. 
 
 Real estate sold on execution, can be redeemed in six 
 months after sale, by paying the amount for which it was 
 sold, with eighteen per cent, interest on the amount. 
 
 When debtor is arrested, the officer must notify the plain- 
 tiff, and defendant can demand a trial within three hours ; 
 and in case of delay of more than three hours, not caused by 
 another trial, the defendant is discharged. 
 
 TG 9* 
 
102 DEFENCE OF DEBTOK. 
 
 DEFENCE OP DEBTOR. 
 
 In Ihe contracting of a debt there must be, at least, two contracting par- 
 ties. And as no man can be made a contracting party without his free will 
 and consent ; so no man can, except with his consent, or by his- own act 
 or default, (or that of his agent, which is in fact his) become debtor to ano- 
 ther. 
 
 A debt may be admitted to be wholly due, and yet the party mating the 
 admission may refuse to pay it^ on the ground that he has a claim against 
 the other party which he is entitled to set-off against it. If the amount of 
 the set-off does not equal the demand, then he is justifiable, in setting off his 
 claim against that made against him, and paying or tendering the balance. 
 
 The amount of a debt may be admitted, and yet the party refuse to pay 
 it, on the ground that it is not due, the time when it was to be paid not hav- 
 ing elapsed. 
 
 Where a debt is disputed In part, but a portion of it admitted, the objec- 
 tion to the disputed part may either be mentioned and stated to the party 
 claiming it, and an offer made to pay the amount admitted ; or it may, in 
 some cases, and under certain circumstances, be prudent to state generally 
 (without slating the grounds of objection) that the portion disputed willnot 
 be paid, but offering to pay the admitted amount. Care must be taken, 
 where a portion of an account or of a demand is objectionable, not to make 
 a general promise of payment of the account in demand, but to limit such 
 promise to the unobjectionable portion. Soj also, it is advisable where an 
 account has been rendered, to parts of which objections are entertained, 
 not to retain the account so rendered for a length of time, without express- 
 ing a dissent from its correctness. As, in some cases, the fact of an accep- 
 *ance of such account, and keeping it for a length of time without stating 
 ■lUy objection, may be considered an admission of its correctness. 
 
 I7ie grounds on which a total denial of a debt -may Test are : — 
 
 Islly, The debt so denied to be due may never have existed, or may never 
 have been contracted by the party from whom payment is sought. 
 
 2ndly, As it may have been at one period a bonajide subsisting debt, but 
 lapse of time maylegally (we do not say morally) justify a denial of and 
 refusal to pay it. 
 
 Srdli/y It having been a good and subsisting debt, the laches (that is neglect) 
 of the creditor may (by operation of law) have extinguished it. 
 
 Athly, Or it maybe ademandto wliich the person from whom it is claimed 
 may apparently be liable, but which the law does not recog^nise, and the 
 amount of which cannot be enforced for want of consideration, or in con- 
 sequence of the transaction out of which it arose being illegal. 
 
 Claims which are frequently denied, are made against a party for the 
 amount of goods or articles supplied to another upon the recommendation 
 or introduction of such party. When and under what circumstances a 
 person maybe liable forlhedebt of another has already been slated, (p. 44.) 
 
 Where a party promises to pay when convenient, if it be proved that he is 
 able to.pay, the taw will consider ability as amounting to convenience, and 
 judgment will be given accordingly. 
 
 Cases may arise in which, under certain circumstances, a prudent con- 
 sideration for one-s pocket may induce the settlement of a demand, though 
 nolegalliability may exist;— as where a suit is brought, and it will cost 
 ihe parly more to contest it, even if he gains his case, man the amount 
 claimed. 
 
 The parly making the claim, must prove it. If the creditor proves his 
 claim, and the debtor seeks to justify his non-payment or non-performance, 
 upon any grounds, he must be prepared to prove them. 
 
 As, when a party is sued for a sum of money for goods sold, the proof of 
 the purchase and delivery will entitle the creditor lo a verdict ; but if a 
 credit of a certain neriod were given, and that period be not elapsed at the 
 time of the action brought, that will be matter for the debtor to prove. 
 
 So, in an implied contract, if an action be brought against a carrier for 
 non-delivery of a parcel, proof of the parcel having been given into his charge, 
 that a consideration either was or was not to be paid for its delivery, and 
 the non-delivery, together with the value, will be sufficient on the part of 
 the party seeking to enforce payment. 
 
 The non-delivery may have been caused by accident, or the act of God, 
 and through no negligence of the carrier: this must be proved on his part. 
 
AFFIDAVITS. 103 
 
 Where the debt is barred by the statute of limitations, this must be shown 
 and taken advantage uf by the debtor. 
 
 So, proof of such neglect on the part of the creditor, as would in law ex- 
 tinguish the debt, or oiner proof, such as having looked to and dealt with 
 a principal, where there was a surety, by which the surety was discharged, 
 is proof on the part of, and to be made by, the party sought to be rendered 
 liable. 
 
 Where it is contended that no consideration existed for a debt, that fact, 
 being pleaded, throws the burthen of proof (in law) on the part of the per- 
 son suingf or seeking to enforce his claim. 
 
 Illegahty of consideration must be shown and proved by the defendant 
 or party sought to be made a debtor. Where a certain portion of a demand 
 has been admitted and offered to be paidj and rejected, and an action brought 
 *o recover the full amount, the debtor will have (if desirous of saving him- 
 self from costs) to prove the actual sum tendered to the creditor. 
 
 On the subject of tender, we may observe that ihe exact amount intended 
 to be offered and paid should, {without any gualijication, such as " if you will 
 take this infuU I will pay you," or " take this and give me a receipt in full,") 
 be tendered, that is, produced, in lawful coin, and held out to, shown* and 
 offered to the creditor, or his attorney, in the presence of a disinterested 
 witness. 
 
 Supposing a debt to have been established, defence is at an end ; and it 
 then becomes the interest of the debtor to settle it in the most beneficial and 
 favorable manner to himself, and on the best terms he can make, keeping it 
 always in view that his creditor has the means of enforcing it against him. 
 And, also, recollecting that where a bonajide debt really subsists, any at- 
 tempt at denial of it, or defence for the purpose of gaining time, only adds 
 costs and expense, which must ultimately fall on Mm. 
 
 PART III. 
 
 COMMERCIAL AND DOMESTIC LAWS. 
 
 AFFIDAVITS. 
 
 An affidavit is an oath in writing, signed by the party deposing-, sworn 
 before, and attested by, the person who has authority to administer the 
 same. The place of abode, and the addition of the person making sUch 
 affidavit, should be annexed thereto, and should be full, certain and positive. 
 
 Affidavits and oaths, when authorized by law, may be taken in the same 
 manner that paths and affirmations are administered in open court, and 
 they may be taken before any magistrate authorized to administer oaths^ 
 unless where the statute makes other provision. 
 
 Affidavit of demand againt a Non-Resident Debtor. 
 
 Commonwealth of , County of ss. 
 
 Before me, Benjamin H- Currier, Esquire, Commissioner in and for the 
 
 said Commonwealth, appointed by the governor of the State of >-, to 
 
 take the acknowledgment and proof of deeds and other writings under 
 
 seal, to be used or recorded in the said State of , and to administer 
 
 oaths and affirmations, came I. R. B , of , in the county of , and 
 
 Common weahh aforesaid, who being by me duly sworn, deposes and says, 
 
 that H. R. A., lately of said , but now resident of , in the county 
 
 of , and State of , is justly and bona fide indebted unto him, the 
 
 said I. R. B., in the just and full sum o^ fifty seven dollars and fifty cents, 
 and that he has given credit to said H. R. A. for all payments and off*sets 
 
104 
 
 DEPOSITIONS. 
 
 to which he is entitled, and that the balance claimed is justly due^ according 
 to the foregoing account, and that said account is correctly stated. 
 
 Sworn and subscribed this day I- R. B. 
 
 of J A.D. 1858. Before me, Benjamin H. Curribk, 
 
 Commissioner /or the State of . 
 
 Affidamtfor Goods sold and delivered* 
 
 State of , County of ss, 
 
 A. B., of , in said county, being duly sworn, deposes and says, that 
 
 C. D., of , in the county of • , and state of , is justly and truly 
 
 indebted unto him, this deponent, in the sum of dollars, for goods sold 
 
 and delivered by him to the said C. D., and that he has ^ven credit to the 
 said D. for all payments and off-sets to which he is entitled, and that the 
 balance claimed is justly due, according to the foregoing account; and that 
 said account is correctly stated. A. B. 
 
 Sworn and subscribed this ninth day of , A. I>. 1858. Before me, 
 
 B. H. C, Commissioner for the State of . 
 
 Affidavit of Goods sold and ddvvered, when made by a Clerk. 
 
 State of , County of , ss. 
 
 A. B., of , in said county, being duly sworn, deposes and says, that 
 
 E. F., of , in the county of , and state of , is justly indebted 
 
 unto the said C. D. for goods sold and delivered to the said E. F., which 
 goods were packed and delivered to him by this deponent. And this de- 
 ponent further saith, that the account hereto annexed was duly copied 
 from the books of the said C. D., and exammed by him, this deponent, and 
 that full credit has been given said E. F. for all payments and off-sets to 
 which he is entitled, and that the balance claimed is justly due, according 
 to the foregoing account, and that said account is correctly slated. A. B. 
 
 Sworn and subscribed this ninth day of A. D. 1858. Before me, 
 
 B. H. C, Commissioner for the State of . 
 
 State of , County of , ss. 
 
 A. B., of , in said county, being duly sworn, deposes and says, that 
 
 he is the owner (or shipper) or the coal mentioned and described in the 
 
 within copy of the clearance of the boat , and that the actual weight 
 
 of the same is therein truly stated, at thousand pounds. A. B. 
 
 Sworn to before me, this day of , 1858. 
 
 G. H., Collector of ToUsat . 
 
 State op , County of , ss. 
 
 Personally appeared the above-named A. B., and made solemn oath, 
 [or solemnly affirmed] that the foregoing declaration [certificate, &c., as the 
 case may be] by him subscribed, is true. A. B. 
 
 Sworn to before me, this day of , 1858. 
 
 C. D., Justice of the Peace, 
 
 State of , County of , ss. 
 
 A. B. and C. D., of , being by me severally sworn, depose and say, 
 
 and each for himself deposes and says, that the facts stated and set forth in 
 the foregoing ceitificate by them signea, are true. A. B. 
 
 Sworn to before me, this day of , 1858. Q. D. 
 
 , G. H., Justice of the Peace. 
 
 State of , County of , ss. - 
 
 A. B., of , being duly sworn, says that the facts set forth in the above 
 
 petition, subscribed by him, are true. A. B. 
 
 Sworn to before me, this day of , 1858. 
 
 G. H., Justice of the Pettce, 
 
 DEPOSITIONS. 
 
 Depositions taken under a Commission. 
 In taking a deposition under a commission, the magistrate should care- 
 fully observe the directions and regulations of the Court from which the 
 
INSOLVENCY. 105 
 
 commission issues, which are usually embraced in the commission or sent 
 out with il Many Courts have established particular rules to be observed 
 in executing Commissions ; and in some States such rules are provided by 
 statute ; and care should be observed to follow the statutes regulating the 
 manner of taking the same, of the Stale where they are to be used. In all 
 cases in taking depositions the oath is first lo be administered to the depo- 
 nent, as follows :— 
 
 Oath. 
 
 You solemnly swear [or affirm] that in answer to the interrogatories and 
 cross -interrogatories that maybe put to you from this commission, you 
 will testify the truth, the whole truth, and nothing but the truth. So help 
 you God. 
 
 [The deposition is ttsitally commenced in tkisforTn.} 
 
 I, A. B., of , in the county of , and state of , gentle- 
 man, of the age of years, on oath depose and say, in answer to the 
 
 several interrogatories and cross- interrogatories annexed to the foregoing 
 commission, as follows, viz : — 
 
 " To the first interrogatory, I answer, &c. 
 
 " To the second interrogatory, I answer, &c. 
 
 After the answers are reduced to writing, the deponent will sign them. 
 
 Sometimes by the requisition of the Commission, or by the custom of the 
 State, the deponent may be sworn after his testimony is reduced to writing 
 and signed ; and then tlie oath may be as follows : — 
 
 Oath after signing. 
 You solemnly swear that these answers, by you subscribed, to the sev- 
 eral interrogatories which have been submitted to you, contain the truth, 
 the whole truth, and nothing but the truth, relative lo the matters inquired 
 of. So help you God. 
 
 Retvm of ComTnisston whenfrom State Court. 
 
 State of , ss. 
 
 On this day of , in the year , by virtue of the foregoing 
 
 commission, I caused the above named A. B., the deponent therein men- 
 tioned, to come before me , in the said county of , and he being 
 
 then and there duly cautioned and sworn to testify the truth, the whole 
 truth, and nothing but the truth, in answer to the several interrogatories 
 and cross-interrogatories thereto annexed, gave the foregoing answers, by 
 him subscribed in my presence, and the same w^ere by me reduced to wri- 
 ting in his presence. 
 
 E. F., Commissioner of the Stale of . 
 
 INSOLVENCY. 
 
 In many of the States, provision is made ^vhereby an insolvent debtor 
 upon the surrender of all his property, may obtain a discharge from his 
 debts and liabilities. 
 
 insolvency may be of two kinds, voluntary and involuntary. Voluntary 
 insolvency is where the debtor desires to avail himself of the insolvent 
 laws, and petitions for that purpose ; and involuntary, is where his cred- 
 itors force him into insolvency. 
 
 The circumstances which will entitle a debtor or his creditors to resort to 
 the aid of the insolvent laws, are, of course, in some degree peculiar to 
 each Slate. Generally, in cases of voluntary insolvency, the debtor must 
 owe acenain amount, and his petition to be declared msolvent must set 
 forth that he is indebted to that amount, and that he is unable to pay the 
 same. The usual grounds upon which a creditor petitions to have his 
 debtor declared insolvent, and his property taken possession of and dis- 
 tributed among his creditors, are, that the debtor has fraudulently secreted 
 or conveyed away his properly, or that he has suffered it to be attached and 
 to remain so for a certain length of time without dissolving the same, &.c. 
 
 The proceedings in insolvency are had before jW^w, or commissioners in 
 insolvency, or masters in chancery as they are called, appointed for that pur- 
 pose. The proceedings are commenced by petition, in which the dclHor or 
 creditor sets forth the fads upon which his prayer for relief is founded 
 
106 ACKNOWLEDGMENT OF DEBT. 
 
 Upon the petition of the debtor, no proof or examination is ordinarily had, 
 to ascertain the truth of the facts set forth, bat the commissioner immedi- 
 ately issues a warrant to the messenger to take possession of the debtor's 
 properly, and to call a meeting of his creditors. Where, however, a cred- 
 itor petitions to have his debtor declared insolvent, the commissioner does 
 not issue a warrant until satisfied by proof that the facts set forth in the 
 petition are true, and ordinarily, not until notice has been given to the 
 debtor lo appear and show cause, if any he has, why he should not be de- 
 clared insolvent. 
 
 The first step taken by the commissioner, in a case properly before him, 
 is to issue a warrant directing a messenger to take possession of all the 
 debtor's property, and to call a meeting of his creditors. 
 
 At the first meeting of the creditors, an assignee is appointed, lo whom 
 the commissioner assigns all the debtor's property, and who thereupon be- 
 comes clolhed with all the powers requisite to sell, dispose of, collect, and 
 reduce to money, all the property of the debtor, and whose duty it is to call 
 meetings of the creditors, whenever ordered solo do by the commissioner, 
 to collect and dispose of the property in a discreet and prudent manner, 
 and to do such other acts as by law^ are imposed upon him. 
 
 The right of the debtor to a discharge from his debts varies in different 
 States. In some, an honest debtor may be entitled to a discharge, although 
 the per cenlage paid upon his estate be never so small ; in others, the debtor 
 must pay a certain per centage of his debts, or he will not be able lo obtain 
 his discharge ; in others^ he must pay a certain per centage, or obtain the 
 assent of a majority of his creditors to hjs discharge. The law also varies 
 in cases where a party is a second or third time insolvent, rendering it more 
 difficult in such cases for the debtor to obtain his discharge than in the first 
 instance of insolvency. 
 
 Where a debtor has been guilty of any fraudulent conduct in regard to 
 his property, within six months or a year of the time when application to 
 the commissioner is made, he will not be entitled to his discharge ; and in 
 some Stales, if he has paid or secured a pre-existin* debt within a year 
 prior to his being declared insolvent, having reasonaole cause, at the time, 
 to suppose himself insolvent, his discharge will not be granted. 
 
 The insolvent laws of any State can only be made lo apply to all con- 
 tracts made within the State between citizens of the Stale ; they cannot be 
 made to apply to contracts made witliin the Slate, between a citizen of the 
 Slate and a citizen of another Stale ; nor to contracts not made within the 
 State. But if a creditor out of the State voluntarily makes himself a party 
 to the proceedings under the insolvent laws of a State, and accepts a divi- 
 dend, he is bound by his own act, and is deemed lo have waived his extra- 
 territorial immunity. 
 
 Oath administered to a creditor to prove a claim in Massachusetts. 
 
 " I, A. B., do swear that C,. D., of , by (or against,) whom proceed- 
 ings in insolvency have been instiiuled, at and before the dale of such pro- 
 ceedings was, and still is, justly and truly indebted to me in the sum of 
 . .*. . dollars, for which sum. or any part thereof, 1 have not, nor has any 
 other person to my use, to my knowledge or belief, received any security 
 or saiisfaclion whatever, beyond what has been disposed of agreeably to 
 law, and that the said claim was not procured by me for the purpose of in- 
 fluencing the proceedings in this case. And I do further swear that I have 
 not, directly or indirectly, made or entered into any bargain, arrangement 
 or agreement, express or implied, to sell,' transfer or dispose of my claim, 
 or any part of my claim, against said debtor, nor have directly or indirectly, 
 received or taken, or made or entered into any bargain, arrangement or 
 agreement, express or implied, to lake or receive, directly or indirecily, any 
 money, property, or consideration whatsoever, to myself, or to any person 
 or persons to my use or benefit, under or with any understanding or agree- 
 ment, express or implied, whereby my vote for assignees, or my assent to 
 the debtor's discharge is, or shall be, in any way aflecled, influenced or 
 controlled, or whereby the proceedings in this case are, or shall be affect- 
 ed, influenced or controlled." 
 
 In Massachusetts the above oath mily he administered by any justice of 
 the peace, where ihe creditor resides, if more than five miles from the place 
 of meeting of the creditors, which may be enclosed in an envelope, and 
 sent to the Assignee. 
 
ARBITRATION. 107 
 
 ACKNOWIEDGMENT OF DEBT. 
 
 Debtor may bind himself by acknowledgm-tnt. — Any person who is by law 
 capable of binding himself by a common bond, may enter inco a recogni- 
 zance forlhe paymeniof any debuhat he may owe, and may thereby sub- 
 ject his person, and his goods and estate, to be taken in execution for such 
 debt. 
 
 FoTTn of the Acknowledgment 
 
 Be it remembered, that on this day of A. B.of 
 
 personally appeared before , and acknowledged himself to 
 
 be indebted to C. D. of in the sum of to be paid to the 
 
 said C. D., on the day of , [or, in years or in 
 
 months, from this day,] with interest from this day ; and 
 
 if not then paid, to be levied upon his goods and chattels, [lands 
 and tenements,] and for want thereof, upon his body. In wit- 
 ness whereof the said A. B. hath hereto set his hand and seal. 
 
 In presence of A. B. (l. s.) 
 
 Promsion as to Interest. — The clause, as to the payment of interest, may 
 be altered or wholly omitted, according to the agreement of the parties, but 
 interest is usually allowed for the delay, if any, after the time of payment, 
 unless the acknowledgment contains an express agreement to the contrary. 
 
 Effects and remedies. — In its effects and in the remedies for any wrongful 
 proceeding under it, an acknowledgment is like an ordinary judgment of 
 court. 
 
 If the debtor do not appear in person, and acknoivledge the debt, he 
 may empower his creditor to confess judgment, as follows :— 
 
 " I, A. B., have this day purchased of C. I), goods amounting to the sum 
 of SSOO'OO, for which goods I agree to pay him in three months from dale. 
 And in case of default of my payment of the same with punctuality, 1 here- 
 by empower C- D., [or any attorney at law appointed by him,] to appear 
 before any Court. of Record [or before anyjustice oflhe peace]in the coun- 
 ty of , and state of , and to confess judgment on said debt, in the 
 
 payment of which I may be delinquent, 
 
 " Witness my hand and seal, this 1st day of May, A. D. 1S58. 
 
 " Witness^'' « A. B. (l. s.) 
 Note with Power. 
 S B , Jan. 1,1851. 
 
 Six months after date I promise to pay to the order of C. D. dollars, 
 
 for value received, with interest. And I do hereby constitute and appoint 
 C, D., [i>r any Attorney at Law appointed by said C. D.,] in my name and 
 
 behalf, to appear in any Court of ,[or before any Justice of the Peace,] 
 
 in the Stale of , at any time after this obligation becomes due, and to 
 
 confess judgment in favor oflhe holder of this obligation, for the above sum, 
 interest and costs, with release of errorsj waiving the right of appeal. 
 
 Witness my hand and seal, this day of , one thousand ei«'ht 
 
 hundred and . A. B. [l. s.J 
 
 Sealed and delivered inpresence of 
 
 [For more, on the same subject, See Business Man's Assistant, page 58.] 
 
 ABBITBATION BT BEFEBENCE. 
 
 Persons who might maintain or defend a suit at law or in chancery, for 
 a matter not affecting real estate, may submit their controversies to arbitra- 
 tion by a reference made by themselves, or their aiiorneys, before a jusiice 
 of the peace, or other constituted authority. 
 
 Form of Svbmission^ and Certificate, 
 
 Know all men, that A. B., of , and C. D., of , have 
 
 agreed to submit the demand, a statement whereof is hereto 
 annexed, [and all other demands between them, as the case 
 may be,] to the determination of E. F., G. H., and I. J., the 
 award o* whom, or the greater part of whom, being made and 
 
108 REPLEVIN. 
 
 reported within from this day to the court of 
 
 for the county of , the judgment thereon shall be 
 
 final ; and if either of the parties shall neglect to appear before 
 the arbitrators, after due notice given them of the time and 
 place appointed for hearing the parties, the arbitrators may pro- 
 ceed in his absence. Dated this , day of , in the year 
 
 A. B. (l. s.) 
 
 C. D. (L. s.) 
 
 This reference maybe of " all demands," or of any specific claims or 
 controversies, described so as lo show what is the subject of the reference, 
 or it may be varied in any other manner, according to the agreement of 
 the parlies . 
 
 Neitlier party may revoke the svbTnission without the consent of the other ; 
 and if eiiher party neglect to appear, after due doiice, the arbitrators may 
 proceed to hear and determine the cause, upon the evidence produced by 
 the other party. 
 
 All the arbitratorsshallmeet and. hea.r the parties, but an award of a ma- 
 jority shall be valid, unless otherwise required in tlie submission. 
 
 The time limited/or making and reporting the award maybe determined 
 by the parties, but an award made and reported after the time limited in the 
 submission, will not be binding unless recommitted by the court, to which 
 it may be returned and again reported. 
 
 The award shall be enclosed and sealed, by the arbitrators, and transmit- 
 ted by one of them to the court* designated in the agreement. 
 
 Co&ts of services of arfiiirafors— Arbitrators, if the submission does not 
 otherwise provide, may aw^ard costs at their discretion, including compen- 
 sation for their own services, but the court may reduce the award of com- 
 pensation for services of the arbitrators, if unreasonable. 
 
 JudfTTTient of the court.— 1( the proceedings are regular, and there be no 
 fraud in the arbitration, the award will generally be confirmed, and execu- 
 tion will issue for the amount, but for any legal and sufficient reason the 
 conn may reject the award, or recommit it to the same arbitrators for a re- 
 hearing. 
 
 * The parties may consent to open the award, and abide by its decision, 
 without presenting it to the court, by signing the following agreement :— 
 
 , «. B , Nov. 3,185-. We the subscribers individually agree 
 
 to open the within Award, and to abide by the decision of it, the same as 
 
 if opened in Court. C. D-, Pres't of Ins. Com. 
 
 A. B., Parly Insured. 
 
 [See " Business Man's Assistant-' for forms of Bond of Submission, 
 and Award of Referees.] 
 
 REPLEVIN. 
 
 When any goods, ofthe value of more than [twentyl dollars, are unlaw- 
 fully taken or detained, from the owner or oilier person entitled to the pos- 
 session, or when any goods of that value, attached on mesne processor 
 taken in execution, are claimed by any person other than the defendant in 
 the suit, they maybe replevied by the person claiming them. So, the 
 mortgagor of personal properly, or any person claiming under him, who is 
 entitled to redeem it, may replevy the property, if the mortgagee, upon be- 
 ing tendered the sum due on the mortgage, with all reasonable and law- 
 ful charges, expenses, &c., shall refuse lo deliver up the same. 
 
 The officer, before serving the writ of replevin, must trrke from the plain- 
 tiff, or from some one in his behalf, a bond lo ihe defendant, with sufficient 
 sureties, in double the value of goods to be replevied, with condition lo 
 prosecute the replevinio final judgment, and to pay such damages and costs 
 as the defendant sh:ill recover against him, and also lo return the said 
 property, in case such shall be the final judgment. 
 
 If it shall appear, upon the nonsuit ofthe plaintiff, or upon a trial or 
 otherwise, that the defendant is entitled to a return ofthe goods, he shall 
 have judgment therefor accordingly, with damages for the taking thereof 
 by the replevin, and his costs of suit. 
 
OFF-SET, OR SET-OFF, 109 
 
 OFF-SET, OR SET-OFF. 
 
 When there are mutual debts or demands between the plaintiff and ae 
 fendant in any action, one demand may be set off against the other in eer 
 latn cases, as follows : 
 
 The demand in set-off must be founded upon a judgment or contract, ex- 
 press or implied, and for a sum liquidated, or that maybe ascertained by 
 calculation. A claim for wrongs and injuries done cannot, therefore, be 
 made the subject of set-off. 
 
 The demand in set-off must have existed at the commencement of the 
 |uit, and be due Ibe defendent in his own right. Thus, an administrator, 
 who has in his hands a distributive share of his intestate's estate, which' 
 belongs to an insolvent debtor, cannot withhold it from the debtor's assignee 
 for the purpose of paying himself, by way of set-off. a debt due to him in 
 his own right, from such debtor. (6 Mete. 537.) If, however, the demand 
 was assigned to the defendant, with notice to the plaintiff of the assign- 
 ment, before the commencement of the action, it may be filed in set-off by 
 the defendant. 
 
 The set-off is allowed in all actions founded upon demands, which could 
 themselves be the subject of a set-off. 
 
 If the demand, on which the action is brought, has been assigned, and 
 the defendant had notice of the assignment, he cannot set-off any demand 
 that he may acquire against the original creditor, after such notice. 
 
 If there are several plaintiffs to the suit, no demand can be filed in set- 
 off, unless it be due from all of them jointly. So, if there are several de- 
 fendants, the demand to be filed by them in set-off, must be due to all of 
 them jointly. 
 
 The maker of a note payable on demand may, in an action on the note, 
 by an indorsee against him, file in set-off any demands which he may have 
 against the payee, and which he could have filed if the payee had brought 
 the action. {9 Mete, 367.) 
 
 In an action by the indorsee against the maker of a negotiable note in- 
 dorsed when over due, the maker can avail himself of any payments or off- 
 sets, or other matter of defence, which existed between himself and the 
 promisee^ at the time of the actual indorsement and transfer of the note to 
 the holder. But he cannot file in off- set any claim against the promisee, 
 that he may acquire after the note overdue is indorsed, although he had no 
 notice of such indorsement. 
 
 In an action by an insurance company against an individual, the defend- 
 ant cannot file in set-off a claim for damages upon, a policy of insurance, 
 for an alleged loss, w^hen the claim is denied by the insurers, and the legality 
 of such claim is undecided, and the amount of damages wholly unliqui- 
 dated. 
 
 To entitle adefendanttoaset-off, he must file a statement of his demands 
 in court or in the clerk's office, at the time at which the action is entered, or 
 within such further time as the court shall, for special reasons allow, and 
 must give written notice to the plaintiff or his attorney. 
 
 Where a person has a claim against a party suing him, whicli he cannot 
 avail himself of by way of set-off, he should immediately commence giat 
 on the claim, and with the permission of the court, off-set one judgment 
 against the other. 
 
 Executions between the same parties may be set-off, one against the 
 other, in the following manner: — The debtor can deliver his execution to 
 the same officer who holds the other execution, and he shall set-off one 
 against the other, and the balance due on the larger execution may be coj- 
 lected in the same manner as if there had been no set-off. Such set-off 
 cannot be made, unless the creditor in one of the executions is in the same 
 capacity and trust as the debtor in the other ; nor can it be made where one 
 execution has been lawfully assigned before the creditor in the other exe- 
 cution becomes entitled to the sum due therein ; nor where there are seve- 
 ral creditors or debtors in one and not in the other ; nor shall it be allowed 
 »« to so much of the first execution, as may be due to the attorney in that 
 suit for his fees and disbursements. 
 
 TENDEB. 
 
 Gold and silver are the only legal tender in this country; bank iiato^ 
 are considered a. good lendeXj unless objection is made on that account, 
 
 TO 10 
 
110 PROTESTS OF BILLS OF EXCHAHGE AND KOTESv 
 
 PROTEST OF A BILL OF EXCHANGE, OR 
 PROMISSORY NOTE. 
 
 This form may be used for Non-acceptance or Non-payment of a Bill o* 
 JGxchange, or Promiasory Note, with a slight alteration. — Also, see Note. 
 
 On this first day of July, in the year one thousand eighr 
 hundred and fifty-six, I, R. B. Notary PubliCfduly admitted, 
 and sworn, residing in B — , in the county of — , in the State 
 of — , at the request of C. D. Esq., Cashier of T— Bank^ 
 I or of " C. D.," or of 'tTx holder," or "the hearer," as the 
 case may be] — did exhibit the original Bill of Exchange, 
 l^Promissory Note] of which the foregoing is a true copy, * 
 •unto E. F. [or ai tlte case may he, unto a clerk in the counting- 
 house of E. F.] the person upon whom the said bill is drawn, 
 [and by whom the same is accepted, if the bill have heen ac- 
 cepted] [the promissor], and demanded payment thereof, 
 ■which was refused. 
 
 [/ then notified the Indorser of the- non-payment, and that 
 payment was required of him, by a written notice left at his 
 place of business No. 1 S — Street. ] 
 
 Wherefore, I, the said Notary, at the request aforesaid, 
 have protested, and by these presents, do protest againt the 
 Drawer of the said Bill [Note] the [Indorser] and all others 
 concerned therein, for all exchange, re-exchange, and all 
 costs, damages, and interest, present and to come, for want 
 of payment of the said Bill [Note]. 
 
 Thus done, and protested in B^— aforesaid, and my Nota- 
 rial seal affixed, the day and year first before written, 
 
 (Seal.) R. B. Notary Public. 
 
 CHARaSS. DOLLS. CENTS. 
 Noting 
 Protest, 
 Record, 
 Notice, 
 
 * NOTE. — If a Bill or Note is protested for non-payment, thefact may be 
 stated as follows: — " at the Counting-house of E. F.the person upon whom 
 the said bill is drawn, and who has accepted the same, and demanded 
 payment thereof, which was refused." 
 
 When the house orplace isshitt up, state as follows : — *' did take (or exhibit) 
 the original bill of exchange, whereof a true copy is on the other side writ- 
 ten, unto (or at the counting-house of E. F. where the said bill is made 
 payable by the acceptance, )iii order to present the same and demand pay- 
 ment thereof, and the door was found fastened, and the pface shm up, and 
 there was no person there to give an answer, (and I am informed that the 
 said E. F. has been declared bankrupt, or has suspended payment, as the 
 ease maybe.y* 
 
 When the original bill has been lost before maturity, state; — " did exhibit 
 the second of exchange, (whereof a copy is on the other side written)' 
 unio E. F. the person upon whom the same was drawn, and by whom 
 the first of exchajige of the same set has been accepted and which hatr 
 been lost or mislaid as I am informed, and the same being this day due, I 
 demanded payment thereof, and the said E. F. answered that he would 
 not pay the same."' 
 
PROTESTS OF BILLS 'OF EXCHANGE AND NOTES. HI. 
 
 On non-acceptance of a bill token drawee has left no orders with his clerks, 
 •^tate: — " unto, a olerk in ihe countiii{r-house of E. F. ihe person upon whom 
 the same is drawn, and demanded acceptance thereof, antlhe answered that 
 the said E. F. was not within., and there was no one authorized to accept 
 said bill." 
 
 On non- acceptance of a bill when drawee^ s place of business is shut vp:— 
 "did take (or exhibit) the original bill of exchange (whereof a true copy is 
 on the other side written) unto {or bA) the comiling house of E. F. the per- 
 son upon whom the said bill is drawn, in order to present ibe same, and 
 to demand acceptance of it, and the door was foand fastened, and there 
 was no person there io give an answer," 
 
 On non-acceptance of a billwhen the drawee cannot be found: — **did make 
 -diligent search and inquiry forE. F. the person .apon whom the said bill 
 purports to be drawn, in order to have demanded acceptance thereof, but 
 was unable to discover him, or to learn any tidings of him or his residence " 
 On non-acceptance of bill^ lohen left for consider-ation and acceptamce^ ana 
 ds lost^ or cannot he returned to the holder-: — " did apply for the original bill 
 of exchange, whereof «i the other side a copy or the principal contents 
 .is or are wriiten, unto a clerk in the counting-house of Mr. D. K. the per- 
 son upon whom the same was drawn, and demanded acceptance of the 
 said original bill, and I also dennandedthe delivery of the said original 
 •bill, but he did not deliver up ihe same, and stated that Mr. K. had left 
 the counting-house and had (as he believed inadvertently,) taken the said 
 
 till away with him, and that the same was not accepted.'' This form 
 
 .may be eaaly adapted to the case of non-payme7St of the bill under any ol 
 those circumstances. 
 
 Protest ■ofu BiUfor better security, — " did exliibit the original bill of ex- 
 'Change (whereof a true copy is on the other side written,) at the counting- 
 house of E. F. the person upon whom the said bill is drawn, and whose 
 acceptance appears thereon, and did present the same unto a clerk there, 
 and demand security for the payment thereof when the same should be- 
 come payable in consequence of tlie said E. F. having become bankrupt, 
 loT insolvent or suspended payment,] and I received for answer that secu- 
 rity for the same could not be given by the said E. F. who has been de- 
 ^;lared bankrupt, [or has suspended payment, as the case may he.} Where- 
 -fore, I, Uie said notary, at the &c. 
 
 Protest of a bill on non-^paymerU^ when the original lias been lost before 
 ■maturity, and a copy or the second ^ exchange of the same set, is presented 
 [for payment. — " did exhibit a copy of the original bill of exchange, {or did 
 -exhibit the second of exchange,] ^whereof a cqpy is On rtie other side 
 written,) unio E. F. the jierson upon whom the same is drawn, and by 
 whom the said original bill [or the first of exchange of the same set] has 
 been accepted and which has been lost or mislaid, as I am inforraedj and 
 Ihe -same being this day due, I demanded payment thereof, and the said E. 
 F. answered that he w^ould not pay. the same. Wherefore, I, the said 
 Notary, at the request aforesaid, have &c. 
 
 Protest of abillfhy a r-esident person in a place where there is no notary. — 
 On the — day of—, one thoHsand eight hundred and — ,T, A. B., a subsian- 
 itial person^ residing in B — , in the county of — , in the state of — , at the 
 request of the holder of a certain'bill of exchange, -whereof a true copy is on 
 .the other side written, did exhibit the said original 'bill of exchange unto 
 Mr. F. of B. aforesaid, the person upon whom the same is drawn, and 
 fdemanded acceptance thereof, who answered that {here state his answer 
 and refusal] and I, the said A- B. do hereby certify that there is no public 
 jiotary practising in or near B — aforesaid. Wherefore, I, the said A. B. 
 at the request aforesaid, and in the absence of anfl in defatflt of apublic 
 notary at .this place, have protested, and 'by these presents do protest 
 .against the drawer of the eaid bill, and all other parties thereto, and all 
 ■others concerned, fof all exchange, re-exclrange, and all costs, damages, 
 ^nd interest, present and to come, for want of acceptance (hereof, in the 
 presence of C. D. and E F. both credible persons residing at B. aforesaid." 
 Which I attest, A. S. 
 
 a housekeeper and a merchant, or a manufacturer, or an 
 attorney-at-law, or banker, or hotel keeper, &c. &c., 
 residing at B. atbceftaid. 
 
112 LIEN LAW. 
 
 LIEN, OE, RETENTION 
 
 COMMON LAW. 
 
 Liens generally arise either from express contract, or the usages of 
 trade, or the manner of dealing between the parties. 15 Mass. 389, 394. 
 
 A right of lien gives no general right to sell goons unless where there is 
 an express stipulation to that effect, or the statute3_ give the right, or the 
 goods are perishable, or subject to expense of keeping. 
 
 There appears to be no lien on a passenger, or the clothes he wears, 
 though there may be on his luggage. 
 
 Bui the general opinion appears to be, that the right of lien is not confined 
 to those trades which are under an obligation lo accept employment from 
 all who offer it ; but that the remedy by detention extends to every trade 
 exercised for the benefit and advantage of the community. 
 
 Attorneys and solicitors have a lien for their costs on the papers of their 
 clients ; bankers, upon all securities in the way of trade j brokers^ factors, 
 and agents, on the properly of their principals iii possession \ carriers have 
 a lien for the carriage price ; innkeepers on the goods and properly of their 
 guests, for their food and lodging, and on their horses, for their keeping 
 and stabling ; insurance brokers have a lien for the general balance of 
 their account on the policies effected by them for their principals ; lastly, 
 millers, packers, wharfingers, dyers, coachmakers, calico printers, ship- 
 wrights, auctioneers, tailors, and others, have all a lien on the goods re- 
 spectively confided to them in the -way of business. 
 
 But as the right of lien is admitted for the benefit of trade, it is confined 
 in its operations to trade only. It has been held that no hen lies for the 
 pasture of cattle, or the keep of a dog; or where there has been a special 
 agreement to pay a certain sum for workmanship, in w^hich case the own- 
 er of the goods on which the labor has been bestowed can only be made 
 personally liable. 
 
 In case of the lien of cattle, it is admitted that they may be w^orked as 
 the owner would have ^vorked them ; so also a cow must be milked. 
 
 Under the following circumstances the right of lien cannot be exercised: 
 
 1. if the possession of properly has been obtained wrongfully or by mis- 
 representation. '2. If it has been entrusted solely on the personal credit of 
 the owner of the lien, or delivered by an authorized servant or agent. 3. If 
 by the bargain, a future day of payment was agreed upon, the detention of 
 the chattel would be inconsistent with the terms of the contract. 4. And 
 lastly, no lien can be acquired over property delivered by a bankrupt, or 
 one in contemplation of insolvency. 
 
 It is also material to remark, that if the holder of goods accept a specific 
 security in lieu, or voluntarily part with the possession of the whole, or 
 part of them, he afterwards loses all right of hen upon them- 
 
 By the general maritime law. material men have a three-fold remedy 
 for supplies and materials furnished to a foreign ship : 1st, against the ves- 
 sel ; 2ndly, against the owners; 3dly, against the master. The lien of 
 material men must be enforced within a reasonable lime after the debt i^ 
 due, or it will not avail ajgainsl a purchaser. 2 Siory's R. 456. 
 
 The mechanic has a lien upon articles repaired by him for his labor 
 and materials, and may retain possession until he is paid. 2 N. Y. 628. 
 
 Factors have a lien on the goods of their principals in their possession, for 
 their general balance as well as for their particular advance. 21 Pick. 31S, 
 
 But not in respect to debts which arose prior to the lime at which his 
 character of factor commenced. IS Pick 36,40. 
 
 The master of a vessel may retain the cargo until the freight be paid or 
 tendered ; yet he must be ready lo deliver the cargo on payment or len- 
 der. 4 Mass 91, 92. 
 
 Where a party has undertaken to perform labor in transporting goods, 
 and has performed but part of ihe service, he CEinnot hold the goods on the 
 ground of lien for what he has done. 9 N. H. 42. 
 
 A mere creditor, happening to have in his possession specific articles 
 belonging to his debtor, has no lien upon them. 15 Mass. 490. 
 
 Where goods are delivered to be manufactured, the manufacturer has a 
 lien on them for his labor and expense bestowed on them. 14 Pick. 332. 
 
 A vendor of goods has a lien on tliem so long as they remain in his pos- 
 
LIEN OF MECHANICS. 113 
 
 ■^es^on, and ihe vendee neglects to pay the price according to the con- 
 «ditions of sale. 2 Pick. 206. 
 
 The carrier has a right to his freight in advance, and has a lien on the 
 goods in possession, and may have his action against both consignor and 
 tonsignee- His lien coniinnes only while the goods are in the possession 
 «f the carrier. 17 Johns. 134. 
 
 A finder of lost property, for the restoration (tf which the owner has offered 
 Ti reward, has alien on the property, and may retain possession of it, if, 
 on his offer to restore it, the owner refuses to pay the reward. 3 Met. 352. 
 
 The lien of the vendor of goods for the■prit^e depends npon the posses- 
 -sion, and is extinguished by a delivery of them ; and, in general, it is im- 
 materisd whether Ihe delivery is actual or constructive. 2 Pick. 206, 212. 
 
 A' livery stable keeper lias no lien for the keep ofahoTse delivered to 
 •him in the way of his trade. 1 C. & M. 743. 
 
 It would seem that a workman, employed to w^eigh or measure a chattel 
 has a lien thereon for his charge. 4 Taunt. 308. 
 
 Every bailee for^ire who by his labor or skill imparls additional value 
 to the goods, has a lien thereon for his charges, there being no special 
 contract inconsistent with such lien. 4 Comstock's N. Y. Rep. 551. 
 
 The lien extends to eJI the goods delivered "ander one contract, and is 
 not confined to the particular portion on which the labor has been bestowed. 
 Accordingly, wher« a quantity of logs were delivered on different days 
 at the defendant's saw-mill, upon an agreement to saw the whole 
 quantity into boards, and the defendant sawed a part of them, and deliv- 
 ered the boards to the bailor, without being paid for the service, held, that 
 he had a lien for the amount of his account upon the residue of the logs 
 in his possession, lb. 
 
 Nearly all the Stales have enacfled ''Lien Laws,— [wA-icA see J 
 
 Three things are usuaUy required to be done by the person famishing 
 ■materials, or performing labor, in order to secure his lien. 
 
 First. That notice should be given by the person fiimishing the mate- 
 rials to the owner, that he intends toxlaira such lien. 
 
 Second. That the contract, specification, certificate or claim, should be 
 •filed or recorded within a certain time , generally to the following effect : — 
 
 Certificate for Work or Labor. — To he Recorded, 
 
 I, A. B. of , do hereby claim to have a lien upon the estate situated 
 
 [here describe the premises] ; to secure the payment of dollars 
 
 "tents, being the amount of wages due me in my own right, after deduct- 
 ing all just credits, for work done and performed iu building [altering or 
 ■repairing^ or furnishing materials, a,s the case may be} said premises, accord- 
 ing to the following bill : — 
 
 {Here insert the Bill.) 
 CD. of ,is the ow^nerof said premises, and E.F.of- — ithe con- 
 tractor under which the work was done and performed. ■ ' A. B. 
 
 , State of . 
 
 , ss. B , May 24, 1859. 
 
 Personally appeared the abovenamed A. B., and made solemn oath {or 
 solemnly affirmed) tliat the foregoing Certificate, by him subscribed, is true. 
 Before me, G. -H. 
 
 Jitst, of the Peace for said County. 
 Third. That action, or suit by attachmenl, on the lien should be com- 
 menced within a specified time. 
 Generally, mortgage is preferred, if existing before the date of contract. 
 
 Note.— [A petition to enforce a mechanic's lien, must contain a brief 
 ■^statement of the contract, upon which it is founded ; that is, it must show 
 what the contract was. The petition must aver that the person with 
 3(vhom the contract w^as made, w^as either the owner of the premises, or 
 was a jjerson who had contracted with such owner for erecting, altering, 
 or repairing the building. Merely alleging him to be the contractor and 
 supposed owner thereof is insufficient.— 11 Gush. Rep-, 308.] 
 
 TG iO* 
 
114 LIEN OF MECHANICS. 
 
 Lien on Buildings, Boats, Vessels^ Sfc. 
 
 LIEN LAW OF ALABAMA. 
 
 Mechanics and builders have a prior lien upon the tract, parcel, or lot 
 of land, on which buildings are erected by them, and on the building, for 
 the price agreed on, or compensauon to be paid, and materials used in the 
 cons iruclion, unless surety be given for the performance of the contract, 
 or an agrveement be made in writing, waiving the lien. 
 
 The contract must be in writing, describing the land, and the price, and 
 be signed by the parties, or their agents, and registered in the probate office 
 in the county in which the lands lie, wilhin sixty days after date. 
 
 Lien is subject to existing liens, deed of trust, or other legal incum- 
 brances. 
 
 Lien discharged, on security given by owner of land for the payment of 
 the price or compensation agreed to. 
 
 A change or modification of the contract does not affect the lien. 
 
 Lien may be enforced in equity or sold by execution afier judgment. 
 
 Lien barred if not enforced in equity, or an action of law upon the con- 
 tract, within ninety days after completion of work or supply of materials. 
 
 LIEN LAW OF ARKANSAS. 
 
 All artisans, builders, and mechanics of every description, who shall 
 -perform work or labor on any building for the owner or proprietor, whether 
 under written or verbal contract, and the sum in controversy exceeds 
 one hundred dollars, shall have an absolute lien on such building, and the 
 land under and around the same, not exceeding two acres, for such work 
 and labor, or for materials furnished. 
 
 A just and true account of the work done, and materials furnished must 
 be filed with the clerit of the circuit court of the county, within three months 
 after such lien shall have accrued, and shall be verified by oath, and con- 
 tain a description of the properly. 
 
 The lien shall not affect prior incumbrances against the properly, w^hether 
 created by judgment, deed, mortgage or any other instrument, if such in- 
 cumbrance shall have been created and duly recorded previous to the 
 time of commencing the work or furnishing materials, or the party had 
 actual notice of such incumbrance at the time. 
 
 Suit must be brought on such lien within one year after the corapleiion 
 of the building. 
 
 Liens to be satisfied pro-rata. Prior liens first to be paid. 
 
 LIEN LAW OF CALIFORNIA. 
 
 * All artisans, builders, mechanics, lumber merchants, and all other per- 
 sons performhig labor or furnishing materials for the construction or re 
 S airing of any building, wharf, bridge, ditch, flume, or aqueduct, to create 
 ydraulic power, or for mining purposes, or other superstruciurcj shall 
 have a lien separately or jointly on the same. Every person wisbiilg lo 
 avail himself of the benefits of this lien must file in the recorder's office of 
 the county, wilhin sixty days after the completion of the building, &c.. a 
 just and true account of the demand due him, after deducting credits, ver- 
 ified by oath, and also a correct description of the property to be charged 
 with said lien. 
 
 If such lien is claimed by a sub-contractor, journeyman, or other person 
 performing labor, or furnishing materials, the account must be filed within 
 thirty days after work is done or materials furnished ; and within five das'S 
 after he shall serve a copy on the owner, or the agent of such owner, if the 
 latter reside out of the county in which such building is situated. If such 
 owner do not reside in the county, or have no agent therein, service may 
 be made by posting a copy of the same in a conspicuous place on the 
 building, wharf, &:c. 
 
 On being served with notice, owmer shall withhold from contractor, out 
 of the first money due, or to become due, to him under the contract, a suf- 
 ficient sum to cover the lien claimed. 
 
 The land upon which the building or superstructure stands with a con- 
 venient space around the same, shall be subject to the lien. 
 
LIEN OF MECHANICS. 115 
 
 Suit must be brought -within six months from the filing of claim, or if 
 credit be given, six months after iis expiration ; but no lien can continue 
 in force longer than two years by any agreement or credit. 
 
 Lien may be enforced bjf suit in any; court of competent jurisdiciion, on 
 setting forth in the complaint, the particular** of such demand, with a de- 
 scription of ihe premises. 
 
 Any raechanicj or artisan, ■who shall make, alter, or repair any article 
 of personal property, at the request of the owner, shall have alien for his 
 work, and may^ hold and retain possession of the same ; and if his charges 
 are not paid within two months, he may sell such property at public auc- 
 tion, after advertising the same for three w^eeks in some newspaper pub- 
 lished in the coaniy, and if there is no paper, then by posting notices of 
 such sale in three of the most public places in the town where such worlc 
 was done; and the proceeds of such sale shall be first applied to the dis- 
 charge of such lien and the costs and expenses of keeping and selling such 
 properly, and tlie residue, if any, shall be paid over to the owner thereof. 
 
 Persons eomraciing in writing witli the owner of a lot or lots, in any 
 incorporated city or town, to grade or improve the same, or the street in 
 front of or adjoining the same, and shall go on and complete the said grad- 
 ing, it shall be considered as an improvement of said lot or street, and the 
 same provisions of this act shall apply thereto as would apply if it were a 
 building. 
 
 Lien on vessels and boats navigating the waters of this state, extends to 
 all debts contracted by master, owner, agent, or consignee, on account of 
 supfjlies for, or work, ser\ices, ormaterials furnished, or for building, re- 
 pairing, or fitting out of such boat or vessel ; for sums due for wharfage 
 or anchorage ; demands for damages accruing from non-performance of 
 contract ; and for all injuries done to persons or property by such boat or 
 vessel. Suit must be commenced within fifteen days. 
 
 LIEN LAW OF CONNECTICUT. 
 
 Lien is given to persons for work doncj or materials furnished for erect- 
 ing, constructiiig, or repairing any building, or for services rendered ex- 
 ceeding the sum of twenty-five dollars. 
 
 Lien is dissolved, unless, w^ithin sixty days after performing such ser- 
 vicesj or furnishing such materials, a certificate in writing, describing the 
 premises and the amount claimed, and the date of the commencement of 
 the claim, be lodged w^ith the town clerk for record, the same being first 
 subscribed and sworn to as the amount justly due, as near as the same 
 can be ascertained. 
 
 No person shall be entitled to such lien, or to file said certificate, unless 
 he shall w^ithin sixty days from the commencement of such labor, or fur- 
 nishing materials, notify the owner of such building of liis intention to 
 claim a lien therefor. 
 
 Boarding-house keepers have a lien on the baggage, goods, and effects 
 for all money; due from any person boarding at such house, for sixty days ; 
 after which time the same, or enough thereof may be sold, and the proceeds 
 applied to the payment of the debt. 
 
 LIEN LAW OF FLORIDA. 
 
 Every master-builder and mechanic, contracting to erect a building, or 
 engaging to perform jobs of work on any such building, shall have a lien 
 on the building. The contract must be reduced to writing, and signed 
 by the parties ; or the amount shall be liquidated between the parties, and 
 a net balance struck. All such contracts shall be recorded in the clerk's 
 office of the circuit court for the county, within thirty days after their exe- 
 cution. 
 
 Artisans, builders and mechanics, and those who furnish materials for 
 building, under contract with the proprietor, and all sub- contractors, shall 
 have a lien for such material, and for work and labor done on houses and 
 other edifices by them erected, in whole or in part; each artisan, builder, 
 mechanic, laborer, and sub-contractor for his own work and materials fur- 
 nished. 
 
 Every person, except a sub-contractor, must file with the clerk of the 
 county within six months after materials furnished or work and labor per- 
 
116 LIEN OF MECHANICS. 
 
 formed, a just and true account of the demand due him, after deducting 
 all credits, verified by his oaih, wiih a description of the property. 
 
 Sub-contractor wishing to avail himself of this act, musi give notice in 
 writing to the owner of his intention to furnish materials or perform labor 
 on the building, and the probable value ; and if the work is afterward done, 
 or materials furnished, the sub-contractor shall settle with the contractor 
 therefor, in writing, and such settlement signed by the contractor^ and cer- 
 tified by him to be just and true, shall be left with the owner, or proprie- 
 tor, or agent, and within ten days from the time the materials are furnished 
 or the labor performed, the sub-contractor shall file a copy of the settlement 
 with the clerk of the circuit court of the county, and a correct description 
 «f the properly. 
 
 The certificate shall be a juslification to the employer's withdrawing 
 from the contractor the amount appearing to be due to the sub- contractor. 
 
 The extent of such lien shall be the land upon which such building is 
 erected, and a space not exceeding five hundred square feet clear of the 
 building. 
 
 Every mechanic or workman shall have a h-en on personal chattels for 
 ■all work or repairs done on the same. If the same is not paid for and 
 taken away within three months, the mechanic or workman shall give 
 possession of the same to the sheriff of the county, who shall advertise and 
 sell such article, and pay the mechanic his bill, and the residuejif any 
 there be, shall be paid over to the ow^ner of such article. 
 
 Ship chandlers, storekeepers and al! dealers, mechanics and workmen, 
 shall have a lien on any sleamboat, ship or vessel, for all stores, &c., which 
 lien shall have a preference over all others. The right of lien is to cease 
 unless enforced within thirty days after the same accrued. 
 
 LIEN LAW OF GEORGIA. 
 
 All persons have an exclusive lien oi\ steamboats and other water craft 
 of higher claims than all other incumbrances, of whatever nature or sort 
 the same may lie, for wages, wood and provisions furnished; ^oifidcrf 
 that they demand and prosecute ihe collection of tlie same within twelve 
 mouths. On refusal to pay, application must be made to any judge, or 
 justice ofthe superior court or justice of the inferior court in any county in 
 which said steamboat or water craft may then lie. When the same shall 
 be for ihiriy dollars or under, application may be made to the justice ofthe 
 peace ofthe district where such sleamboat, &c., shall lie. 
 
 The above law also applies to all steam saw-mills, in behalf of all per- 
 sons who may be employed by the owners, agents or superintendents, for 
 services rendered, or for timber, firewood, provisions or supplies. All 
 millwrights and builders of gold machines are entitled to the same lien. 
 
 When any negro, being a slave or free person of color, shall be employed 
 as pilot, engineer, first or second mate, deck hand, or in any other capaci- 
 ty, the owner, master, agent, or attorney at law of said negro or free per- 
 son of color shall have tlie like remedies. 
 
 All machinists who may furnish any kind of machinery or who may re- 
 pair the same which may be put up or used in any mill, building, steam- 
 boat, or vessel, shall be entitled to the same lien. 
 
 Every mason and carpenter shall have a lien for work done or mate- 
 rials fu rnished for building or repairing any house, if no security shall have 
 been taken therefor. Claim to be recorded within three months from the 
 time the same is completed, in the clerk's office of the county where such 
 building is situated. Suit must be commenced within twelve months from 
 the time the debt is due. 
 
 LIEN LAW OF ILLINOIS. 
 
 Persons furnishing labor or materials in erecting or repairing auy build- 
 ing or appurtenances by virtue of any agreement with the owner thereof, 
 shall liave a lieu on such building and the lot or tract of land upon which 
 the same is situated. 
 
 The time for the completion of the contract must not exceed three years, 
 and suit must be brought within six months from the time that payment 
 should have been made. Creditor may, upon bill or petition to the circuit 
 court of the county in which the land or lot lies, obtain an order for the 
 
LIEN OF MECHANICS. 117 
 
 sale (hereof, and for applying ihe proceeds of such sale to the discharge of 
 his demand. 
 
 Boats or vessels are subject lo a lien for all debts contracled for supplies, 
 work, or materials, furnished toward the building, repairing or equipping 
 the same. Lxen must be enforced within nine months from time of indebt- 
 edness. 
 
 LIEN LAW OF INDIANA. 
 
 Mechanics and all persons performing labor or furnishing materials for 
 the construction or repair of any building-, or who may have furnished any 
 engine or oihermachiiiery for a mill, distillery, &c , under contract with the 
 owner, shall have a lien on the same for such services and materials, and 
 the interest of ihe owner in the lot of land on which such building stands. 
 Sub-contractors and laborers, giving notice in writing to the owner, may 
 make him liable for their claim, if he be indebted to their employer in that 
 amount, if not then to the amount due from the owner to their emplqyer. 
 
 Notice of the intention to hold a lien on the oroperiy, must be filed in the 
 recorder's office of the county within sixty days after the completion of 
 the building or repairs, specifically setting forth the amount claimed. 
 
 Lien may be enforced by filing the complaint in the circuit court or court 
 of common pleas within a year from the completion of the work, or the 
 furnishing of the materials, or expiration of the credit. 
 
 Whenever any person shall entrust to any mechanic, or tradesman, ma- 
 terials to construct, alter, or repair any article of value, such mechanic or 
 tradesman, ifthe article be completed and not taken away, and his charges 
 paid, may, after six months from the time his charges became due, sell the 
 article at auction, after advertising it for ten days in three public places in 
 the place where he resides, one of which must be in his shop ; ifthe value 
 of the article be more than ten dollars, then three weeks in some newspa- 
 per in the county ; and if there be a surplus over and above sUl charges, the 
 same, if the owner be absent, must be deposited with the treasurer of the 
 county, subject to the order of the person legally entitled thereto. 
 
 Forwarding and commission merchants having a lien upon goods which 
 have remained in store for one year or more, may proceed to advertise and 
 sell at public auction, so much thereof as may be necessarj' lo pay the 
 amount of the lien and expenses. 
 
 Boats and vessels of every description found in the waters of the Stale, 
 are liable for all debts contracled by the master, owner, or consignee, on 
 account of work done, and supplies or materials furnished toward their 
 building-, repairing, fitting, &c. ; and for any negligence or wilful act of the 
 master, owner, or agent, on any contract entered into by either of them for 
 the transportation of persons or properly. 
 
 Innkeeper. — An innkeeper has a tien upon all articles entrusted to him 
 for expenses thereof, and upon his guest's goods in his care for his charges 
 against him. 
 
 If the property entrusted to him be live stock, or is of a perishable nature 
 and will be greatly injured by delay, the innkeeper may, after the expira- 
 tion of thirty days from the time his charges are due, proceed to sell such 
 properly, afier giving ten days' notice thereof. — R. S., vol. II., p. 240-1. 
 When the property is not of a perishable nature, it cannot be sold until six 
 monihs after the charges have accrued, lb. 
 
 Where several horses are kept, the lien is only on each horse for its keep- 
 ing:. Nor can the horse be detained for the keeping of the owner. — ] Bulal. 
 207,217. And ifthe horse is once delivered lo, the owner the lien is re- 
 leased, lb, 
 
 LIEN LAW OF IOWA. 
 
 Every persons who by virtue of a contract with the owner of a piece of 
 land, performs work, or furnishes materials for any building, mill, or ma- 
 chinery and appurtenances, shall have a lien upon the land and building, 
 against all persons. Incumbrances, by judgment rendered, and by inslru- 
 menis recorded before the commencement of ihe work excepted. 
 
 Action must be commenced within one year from the time of payment, or 
 within six monihs after the decision of any suit brought within that time. 
 
 Lien includes half an acre if a town lot, and two acres if not. 
 
 A sub-contractor must commence an action against his principal within 
 six months from the lime of payment. 
 
ii8 LIEN OF MECHANICS. 
 
 Boats and other vessels, found in the State, are liable for debts contracteil 
 by the master, owner, agent, clerk, or consignee, for supplies, work, mate- 
 rials, fitting, and all other demands. Such liens upon the boat and furni- 
 ture talce precedence of all otherc]aim3,and are lo be preferred in the foi- 
 lowing order: 1st, wages of boatmen, for wages for services performed 
 within the year, if suit be commenced within twenty days , 2d, debts due 
 the Slate; and 3rd, all other causes. 
 
 Actions must be brought within one year. 
 
 LIEN LAW OF KENTUCKY. 
 
 Except the captain, all the officers and hands, and owners of hands em- 
 ployed on board a steamboat or any other vessel, shall have a lien on such 
 boat or vessel for wages, whether earned in or oat of the state. 
 
 Mechanics, tradesmen, and others shall also have alike lien for mate- 
 rials, stores, repairs, &c., furnished on or towards the building, repaint^, 
 fitting, or equipping such boat or vessel in this stale, with a preference 
 over any other debt of the owner, except to the officers and hands. 
 
 A steamboat, or any other vessel shall also be liable to indenmifythe 
 owner of any slave, for any damage he may sustain by reason of his con- 
 veying or attempting to convey a slave thereon out of the stale, or from 
 one part of the stale lo another, without the consent, in writing, of the 
 owner. The captain and owner of th« boat shall also be personally liable 
 to the owner for such s^ave. 
 
 Lien may be enforced by attachment out of chancery, in any county 
 where the boat or vessel may be at the time of the issuing of the process. 
 
 Mechanics have a lien for their labor and for furnishing materials in con- 
 structing, altering or repairing any building, upon the buildmg and lot of 
 land on which it stands, in the towns of Bowling-Green, Brandenburg, 
 Russellville, Covington, Frankfort, Owenborough, Lexington, Louisville, 
 Maysville, Newport, Smithland, and the counties of CoUoway, Jefferson, 
 and Marshall. The particulars and amount of claim must be filed in the 
 county clerk's office within six months from the lime the labor is completed, 
 or materials furnished. 
 
 In Paducah, lien must be enforced within one year, by filing bill, &c. 
 
 LIEN LAW OF LOUISIANA. 
 
 Every mechanic, workman or other person, performing any work or 
 furnishing materials towards the erection, construction, or finishing any 
 building, erected under a contract between the ownerand builder, whether 
 such work be performed by journeyman, laborer, cartman, sub-contractor 
 or otherwise, may deliver to the owner an attested account of the amount 
 and value of the work performed, and remaining unpaid, and thereupon 
 such owner shall retain, out of his subsequent payments to the contractor, 
 the amount of such work for the benefit of the person so performing it. 
 
 When any such account of work shall be placed in the hands of the 
 owner, it shall be his duty to furnish his contractor with a copy ; if con- 
 tractor shall not, within ten days afler the receipt of such jiaper, give the 
 owner written notice that lie intends to dispute the claim, or if, after giving 
 such notice, he shall neglect or refuse to have the matter adjusted, he shafl 
 he considered as assenting to the demand, and the owner shall pay the 
 same when it becomes due. 
 
 If the conlractor dispute the claim of his journeyman, or any other pe> 
 son, and the claim cannot be adjusted amicably, it shall be submitted to 
 the arbitration of three disinterested persons, and the decision of two of 
 them, in writing, shall be considered conclusive. 
 
 If the contractor shall not within ten days after dispute is so adjusted, 
 pay the sum due to his creditor, with the costs, the owner shall pay the 
 jsameout of the funds. 
 
 If, by collusion or otherwise the owner shall pay to his contractor any 
 money ni advance of the sum due on said contract, and if the amount still 
 due ihe contractor shall be insufficient to satisfy the demand made for 
 work, &c., the owner shall be hable to the amount that would have been 
 due at ihe time of recelvdngthe account of such work, in the-sume maiiaer 
 as if no payraeait had been made. 
 
LIEN OF MECHANICS. 119 
 
 LIEN LAW OF MASSACHUSETTS. 
 
 An}? person to whom a debt is due for labor performed or furnished, or for 
 materials furnished in the erection, alteration, or repair of any building-, by 
 Tirtue of an ag^re.ement with, or consent of, the owner thereof, or aJiy per- 
 »on acting in lus behalf, shall have alien on such building-, and upon the in- 
 terest of the ow^ner thereof in the lot of land upon \vhich the same is situated. 
 No lien for materials shall attach unless the person furnisl^ng the same, 
 shall, before so doing, give notice to the owner of the land, if such ownei 
 be not the purchaser of the materials, that he intends to claim such lien. 
 
 Such lien is dissolved, unless the person witMn thirty days after he shali 
 cease to labor or furnish materials for such building, file in the office 
 of the clerk in the city or town, a statement of a just and true account of 
 the amount due him, -with all just credits given, together with a description, 
 of the property, v^ith the name or names of the owners of the property, if 
 known, which certificate shall be subscribed and sworn to by the per- 
 son claiming the lien, and shall be recorded. Such lien may be prevented 
 from attachmg, by the owner giving notice mwriting, to the person about 
 jjerforming the labor, or fuTuisliing such materials, tnut he will not be re- 
 sponsible therefor. 
 
 Such lien may be enforced by petition to the court of common pleas, or 
 when the amount of claim does not exceed SB 100, to any police or justice's 
 court, or where there is no police or justice's court, by petition to any 
 justice of the peace having jurisdiction in other civil cases between the 
 same parlies. 
 
 Lien is dissolved unless suit is commenced within 90 ^ays after the 
 person who may desire to avail himself thereof shall cease lo labor or to 
 furnish materials for such building or structure. 
 
 When such debt is fully paid, the creditor, at the expense of the debtor, 
 shall enter a discharge of the same on the margin of the registry, or exe- 
 cute a deed of release. 
 
 A Lien on Skips and Vessels is allowed for labor performed, in launch- 
 ing, or materials used in construction or repairs, or for provisions, stores 
 or other articles ; and such lien must be filed in the clerk's office in the 
 city or tow^n within four days from the time such vessel shall depart from 
 the port where the debt was contracted. The mode for enforcing the lien 
 is similar to the above. 
 
 Any number of persons having liens may all join in the same petition. 
 
 Boarding house Keeper'*s Xien.— All boarding-house keepers have a lien 
 upon the baggage and effects of their guests and boarders, except seamen 
 and mariners, brought to their respective houses, until all the proper 
 charges due to sach keepers for the fare and board of all snch guests and 
 boarders shall be paid. 
 
 No seaman or mariner who has shipped for or entered into contract for 
 any voyage, to be by him performed, from any port in this State, shall be 
 liable to arrest on mesne process for or on account of any debt or obligation 
 to any landlord or boardmg-house keeper by him incurred ; nor shall any 
 such landlord or boarding-house keeper detain, or have any lien upon the 
 wearing apparel, or other property of such seaman or manner, or binder, 
 or obstruct him in the performance of said contract, under a penalty of 
 not more than two hundred dollars. 
 
 Lien for Labor expended on Personal Property.— A party having a lien 
 (other than a lien on buildings and vessels) for work, labor, care, dili- 
 gence, or money expended on or about personal property, by reason of 
 any contract, express or implied, may, if the money is not paid -within 
 sixty days af^er demand in writing, delivered to the debtor, or left at 
 his usual place of abode, petition a justice of the peace, or police, or jus 
 tices' court, for an order for the sale of the property. 
 LIEN LAW OF MAINE. 
 
 Every person performing labor or furnishing materials for erecting, or 
 repairing any building or appurtenances, or who has furnished labor or 
 materials by virtue of any contract with the owner thereof, or other person 
 who had contracted with the owner, shall have a lien on the building and 
 land and upon the right of redeeming the same when under mortgage. 
 
 To' secure the benefit of such lien, an attachment, or right of redemp- 
 tion, must be made within ninety days. 
 
120 LIEN OF MECHANICS. 
 
 Any ship carpenter, caulker, blacksmith, joiner, or other person, who 
 shall perform labor, or furnish materials for any vessel building or repair- 
 ing, shall have a hen on such vessel for wages, or materials famished, 
 until four days after such vessel is launched or repaired, which lien must 
 be secured by an attachment on said vessel within that period. 
 
 LIEN LAW OF MARYLAND. 
 
 All caual boats, or vessels of any kind, used or intended to be used as 
 earners of coal, other freight, or passengers on the Chesapeake and Ohio 
 canal, shall be subject to a hen for all debts which shall or may become 
 due to mechanics, farmers, or other persons, from the owners, maslers, 
 captains, or other agents of the owners, for materials furnished, or work 
 done in building, repairing, or equipping the same. Provii/ed, that a state- 
 ment setting forth the name of claimant and debtor, description of vessel, 
 and the place where built, repaired, or equipped, with ihe items of the 
 claim, verified by oath of claimant, shall be delivered to the clerk oi the 
 circuit court for the county within twenty days after debi accrued. 
 
 Lien to hold for one year. Lien not to have preference over mortgage 
 or bill of sale 
 
 Every building erected in the county of Baltimore, and in Harford county 
 shall be subject to a lien for the payment of debts contracted for work' 
 done or materials furnished for or about the erection of such building, the 
 land on which it stands, and the ground necessarily connected therewith. 
 
 Lien only preferred to liens subsequent to the commencement of such 
 building, unless the person furnishing w^ork or materials, within thirty 
 days after making such contract, to iuniiish w^ork or materials, give notice 
 in w^riting to the owner or agent, that he intends to claim the benefit of the 
 iien. Claim must be filed in the office of the clerk of the county court. 
 Claim must set forth the names of parties, amount claimed, nature of the 
 work, Sec. 
 
 The debt shall be a lien for six months, although no claim shall have 
 been filed therefor. Lien expires five years from the day of filing unless 
 revived by scire facias. 
 
 On payment or satisfaction of claim and costs, the same must be en- 
 tered by the claimant at the request of owner, in the office of ilie county 
 clerk. If he neglect or refuse to enter the same wiihin sixty days, he 
 shall forfeit a sum not exceeding half the amount of the claim. 
 
 LIEN LAW OF MICHIGAN. 
 
 Every person furnishing labor for erecting or repairing any building, or 
 the appurienances, by contract with the owner of the hmd, shall have a 
 lien on the land, not exceeding one hundred and sixty acres, and the build- 
 ings thereon. The contract must be in w^riiing, signed by the owner of 
 the land; and recorded in the registry of deeds. Tlie lien ceases unless 
 a suit be commenced wiihin six months from ihe time of the expiration 
 of the last inslalmenl. 
 
 Creditor may, on petition to the circuit or county court, within sixty days 
 after debt is payable, obtain an order for the sale thereof. 
 
 Boats or vessels running upon the navigable waters of this slate, are 
 subject to a lien for all debts contracted by master, clerk, agent, or con- 
 signee for provisions, work, building, materials, repairing, equipping, an- 
 chorage, wharfage, or any other contract, injury to persons or property, 
 negligence or misconduct of the master. Such liens may be enforced by 
 warrant from any court of record, 
 
 LIEN LAW OF MINNESOTA. 
 
 Every person performing any work or furnishing materials for and in 
 erecting any dwelling-house or other building, shall have a lien on the 
 samcj together with the right, title and interest of the person owning such 
 buildmg, for the payment of the debt, and the land upon which the same is 
 situate, not exceeding forty acres, or if wiihin any city, town, or village 
 plot, the lot upon which the same shall be situate, not exceeding one acre. 
 
 If^ such building shall have been constructed under contract with the 
 owner, no person w^ho may have done work for such contractor or fur- 
 nished materials for him, shall possess a lien on said building, unless he 
 
LIEN OF MECHANICS. 121 
 
 shall wLtliin. thirty days afler commencing work or having furnished ma- 
 terials, give noiice in wrilingto the owTier of the building or his agent, 
 that he is so employed or has furnished such materials, and that he claims 
 the benefit of the lien granted by this act. 
 
 Lien must be claimed by filing a petition or claim for the same, and an 
 action for the recovery thereof be instituted within one year. 
 
 The claim or petition must contain a statement of the contract, of the 
 amount due, and a description of the premises, and all the material facts 
 in relation thereto, and may be filed in the county or circuit court. 
 
 Every person on receiving satisfaction for debt and costs, shall, at the 
 request of any'person interested in the building, and on tender of office 
 fees for entering sallefaction, within six days after such request made, 
 enter satisfaction for the claim, in the office where it is filed. If such per- 
 son shall not by himself or attorney, enter satisfaction as aforesaid, he 
 shall forfeit to the parly aggrieved a sum not exceeding one half the debt. 
 
 In all cases of a lien created by this act, the person having a claim filed 
 may proceed to recover it by a personal action against the debtor. 
 
 Any person performing manual labor upon any land, timber, or lumber, 
 on account of the owner, agent or assignee, may avail himself of the pro- 
 visions of this act. 
 
 All mechanic's liens which shall have been proved, shall lie as a debt 
 on the land and building, and be the same as a mortgage on the same, 
 w^ith twenty-five per cent, per annum until sold or paid. 
 
 Any person w^ho shall make, alter, or repair any article of personal 
 property, at the request of the owner, or legal possessor of such property, 
 shall have a lien on such property for his just and reasonable charges, and 
 may hold and retain the same ; and if they be not paid within three months 
 aiter the ^vork shall have been done, he may proceed to sell the same at 
 public auction, by giving notice of such sale by adverlisement for three 
 weeks in some newspaper published in the county, or if there be no such 
 paper in the county, then by posting up notices of such sale in three of the 
 most public places in the county, three weeks before the time of sale ; and 
 the proceeds of such sale shall be applied first to the discharge of such 
 lien, costs and expense of keeping, and selling such property, and the re- 
 maiiider, if any, shall be paid over to the owner. 
 
 A Common Carrier, and any person who shall at the request of the 
 owner convey any personal property, or any person who shall safely 
 store goods at the request of the owner, shall have the same lien and the 
 same power ofsalej for. the satisfaction of his charges, upon the same con- 
 ditions and restrictions as provided in the preceding sections. The pro- 
 visions of this and the preceding section not to interfere with any agree- 
 ment between the parties. 
 
 LIEN LAW 'of MISSOURI. 
 
 Every mechanic, builder, artisan, workman, laborer, or other person, 
 w^ho ghall perform work or labor, furnish materials, machinery, or fix- 
 lures, in erecting or repairing any building, or improving land, under or 
 by virtue of a contract wiih the owner, agent, trustee, contractor or sub- 
 contractor, shall have a lien upon the same, and upon the land on which 
 the same is situated to the extent of one acre. 
 
 Sub-contractor wishing lo avail himself of the benefits of this act, must 
 give notice to the owner, before or at the time he furnishes any of the 
 things aforesaid, or performs any labor, of his intention to furnish or per- 
 form the same, and the probable value, and if afterwards, the things arc 
 furnished or labor done, the sub-contractor shall settle with the contractor, 
 and having made the settlement in writing, the same, signed by the con- 
 tractor, shall be presented to the owner, and left with him ; and within 
 thirty days from the time the things are furnished or labor performed, the 
 sub-contractor shall file with the clerk of the circuit court of the county a 
 copy of the settlement, with a description of the property. 
 
 If the contractor refuse to sign such settlement, the sub-contractor shall 
 present a statement of work done or things furnished to the owner, and 
 file a copy of the same, verified by affidavit, within thirty days, with the 
 clerk of the circuit court. 
 
 Thecertificaie of settlement shall be a justification to the employer ia 
 withholding from the contractor the amount appearing to be due. 
 
 TG 11 
 
122.' LIEN OP MECHANICS; 
 
 It shall be the duly of every person, except sub -contractors, to file withi 
 the clerk of the circuil court, wiibin ninety days after work dbne ormaie- 
 rials furnished. -a just account of his demand, after deducting all credits^ 
 and a correct description of the properly, verified by affidavit. 
 
 Mechanic's liens shall be preferred to all other U«ns or incumbrances- 
 which may be attached to or upon such building, or improvement, or lands 
 on which the same is situated, miide subsequent to the commencement of 
 said building- or other improvement. 
 
 Liens of mechanics shall attach to the buildings, erections, or improve- 
 ments, for ■which they were furnished or the work U'as done, in preference- 
 to any lien, or incumbrance, or mortgage upon the land ; and any person 
 enforcing such lien, may have such building, erection, or improvemem sold' 
 under execution, and the purchaser may remove the same. ■ 
 
 Liens for any amount may be enforced in the circuH. court. 
 
 All suits must be commenced within ninety days by sub-conlractorsj 
 and nine months m other casesi 
 
 LIEN LAW OF MISSISSIPPL 
 
 Every person who shall contract with the owner, or lessee^-of any tract 
 of land, or low^n lot, to furnish labor or materiuls for erecting or repairing 
 any house or other building,, mill, machinery,, bridge, or any description* 
 of mechanical work ; and every otner person who may have furnished ma- 
 terials which may have been usedin the construction of the same, whether 
 by special agreement or otherwise, shall respectively have a lien to secure-- 
 the payment of the same,, upon such buildings and materials aforesaid. 
 
 Action may be coramtnced in any court having competent jurisdiction, 
 or the contract must be recorded in the office of the clerk of the probate- 
 court within twelve months from the time payment should have been made^ 
 
 If suit be commenced in circuit court, it shall be by bill or petition, de- 
 scr^blns; the property, and the nature of the contract,.or indebtedness ; 
 which bill or petition shall be filed in the clerk's office of the circuit court- 
 ofthe proper county^. 
 
 If judgment be given in favor of the applicant, a special execution shall 
 issue to the sheriff, and under such execution he shall proceed to sell said- 
 property, or so much thereof as wiH satisfy judgment and costs. 
 
 When the sum due any person shall be of such an amoum as to come 
 within the jurisdiction of a justice of the peace, he shall liave jurisdiction 
 thereon^ in accordance with the provisions of this act ; provided^ that saidi 
 contract be filed in his officeyand process thereon directed to any con- 
 stable of the proper county, and shall have the same effect as process 
 issued upon a judgment rendered in the circuit court under this act. 
 Either party shall have the right to appeal. 
 
 LIEN LAW OF NEW HAMPSHIRE. 
 
 Every person who shall' furnish labor or materials for erecima- or repair- 
 ing, or altering a building, under any written contract, shall nave a lien- 
 on such buildin^and the lot ofland on which it stand?, for thirty days after 
 payment shall become due. A copy of contract must be left with the 
 town clerk of the town in which such building is situate. Attachment 
 must be made within thirty days from the filing of said contract. 
 
 If the owner ofthe building fail to perform his part of the contract, thus 
 preventing the other party from completing his part, the latter shall have a* 
 lien on the building for such sum as maybe due him for what he has done. 
 
 Every person performing labor or furnishing materials toward building^ 
 Repairing, fitting, or furnishing any vessel, shall have a lien on said ves- 
 sel for four days, after she is completed. Attachment must be made with- 
 in the four days. 
 
 LIEN LAW OF NEW YORK. 
 
 Any person who, by virtue of any contract with the owner or his agent,- 
 or any person who in pursuance of any agreement with any such con- 
 tractor, shall, in conformity with the terms of such contract, perform labor,, 
 or furnish materials for building, altering, or repairing any house, in the- 
 several cities of this state and in the -villages of Syracuse, Williamsburgh, 
 Geneva, Oswego, Auburn, and Canandaigua, town of Kingston and coun- 
 ty of Richmond, shall have a- lien upon the same,- and upon the land on 
 which the same standst 
 
XIEN OF MECHANICS. 123 
 
 "Specifications of the work or materials with the prices, must be filed in 
 ^the office of the clerk of the county, and a notice thereof served personally 
 
 on the owner, &c., within twenty (Buffalo thirty) days after making the 
 ■^contract, commencing: the work or furnishing the materials. Lien con- 
 ninues in force one year from the filing. 
 
 _ To enforce this lien the laborer, contractor, or person furnishing mate- 
 'xials, must serve a notice on the other party, requiring him to appear in the 
 'Court of common pleas of the county, or in the justices court of the city or 
 ^village, at a lime certain, uol less than twenty days, and submit to a set- 
 llement. ^ Within ten days after ser-nce of such notice, the owner is to be 
 
 served with a bill of particulars of the amount claimed to be due, with a 
 ■notice to produce a bill of pariiculars of any offset. 
 
 Within thirty days after labor has been performed or materials furnislied, 
 'the person cbiiming payment therefor, must deliver to the owner a state- 
 iment in writing^ signed by himself and the contractor, specifying how 
 
 much is due, or take the necessary proceedings against the contractor, to 
 
 procure a settlement as above stated, — or lose his lien. 
 
 LIEN LAW IN THE CITY OF NEW YORK. 
 
 Persons furnishing materials, or performing labor in building, altering, 
 or repairing a house, &c., have a lien upon the same, and the lot of land 
 tupon which the same stands. 
 
 A contractor, laborer, or person furnishing materials, may enforce such 
 iien, by serving a notice on the other party, to appear in court, in not less 
 than twenty days and submit to settlement. Within fifteen days after such 
 notice, a bill of particulars of the amount claimed must be served on the 
 partj^, wilh notice to produce any offset. 
 
 Within six months after the performance of laborer furnishing mate- 
 rials, notice must be served on the county clerk, specifying the amount 
 claimed, the person, the owner, the situation of the premises^ &c. 
 
 Lien on Vessel. Every person performing labor, or furnishmg materials, 
 or articles for the building, repairing, furnishing or equipping any ship or 
 vessel, or furnishmg provisions or stores, or on account of wharfage, 
 amounting to the sum of Jifty dollars or up\frards, contracted for by the mas- 
 'ter, owner, aoent, or conagnee, shall have alienon such vessel, for twelve 
 days after her departure from the port -at which the debt w^s contracted 
 to some other port within this state. In all cases' lien ceases immediately 
 after the vessel shall have left the stale. 
 
 So, if a vessel be damaged by being run afoul of by another vessel, 
 through negligence or misconduct of those navigating her, to the amount of 
 fifty dollars, or more, the vessel sustaining; such damage shall have a lien 
 ■upon the other. Lien to be enforced wilhm twenty days after the damage. 
 
 LIEN LAW OF NEW JERSEY. 
 
 Every building erected or built w^ithin this state shall be liable for the 
 ■payment of labor and materials, which shall be alien on such building, 
 ■and the land whereon it stands, including the lot or curtilage. When 
 any building shall be erected in whole or in part, by contract in writing, it 
 shall be liable to the contractor for work done, or materials furnished, pro-! 
 vided such contract, or a duplicate, be filed in the office of the clerk of 
 'the county in which the building is situate, before such work is done or 
 materials furnished. 
 
 On the refusal of master workman or contractor to pay any person who 
 may have famished materials, or any journeyman, he shall give notice in 
 wriiing 10 the owner, and of the amount due, who shall retain the same out 
 of the amount due such master workman, and pay it to the journeyman. 
 
 Any person intending to claim a lieu, must within one year after the labor 
 is performed, or materials furnished, file his claim, &C., wilh the clerk of 
 the county to be recorded. 
 
 LIEN LAW OF NORTH CAROLINA. 
 
 All debts contracted by the master, owner, agent or consignee of any 
 -ship, steamboat, or other vessel, for work done or materials furnished, for 
 'the building, repairing, furnishing or equipping of the same, or for pro- 
 
124 LIEN OF MECHANICS. 
 
 visions or stores for Ihe same, within this state, or on account of wharf- 
 age, and expenses of keeping such vessels, includingthe expense incurred 
 in employing persons for taking charge of the same, such debt shall be 
 a lien on such ship, steamboat, or vessel, and shall be preferred to all 
 other lienSj except mariner's wages. 
 
 LIEN LAW OF OHIO. 
 
 Everj- person who slaall perform labor, or furnish materials or machin- 
 ery for constructing, repairing, or altering any boat or vessel, or for erectiug 
 any house, mill, manufactory, or other building, or appurtenance, by virtue 
 of a contract with the owner thereof, shall have a lien on the same. 
 
 Every mechanic, or other person, doing or performing any work or fur- 
 nishing materials in the erection or repairing of any building or boat, under 
 a contract between the owner and builder, whether such work be per- 
 formed as journeyman, laborer, carman, sub-contractor, or otherwise, or 
 any person who shall furnish materials for w^ork done, which has not been 
 paid, nfay deliver to the owner of such building, or vessel, an attested ac- 
 count of the amount remaining unpaid, and such owner shall retain out of 
 his subsequent payments to the contractor, the amount of such work, or 
 materials furnished. 
 
 A statement^ describing the properly, and the items of labor, skill, mate- 
 rials, &c., musi be made under oath, and the amount so sworn to, filed 
 in the recorder's office of the county within four months from the lime of 
 performing such labor, or furnishing materials, with the written contract, 
 if there be one, which shall operate as a lien for two years after commence- 
 ment of such labor, or furnishihg of such materials. 
 
 LIEN LAW OF PENNSYLVANIA. 
 
 Every building erected within the city and county of Philadelphia, and 
 in the counties of Alleghany, Armstrong, Beaver, Bedford, Berks, Blair, 
 Bucks, Butler, Cambria, Carbon, Center. Chester, Clearfield, Columbia, 
 Crawford, Cumberland, Delaware, Dauphin, Erie, Franklin, Huntingdon, 
 Indiana, Juniata, Lancaster, Lebanon, Luzerne, Lycoming, Mercer, Mont- 
 
 fomery, Mifflin, Northumberland, Perry, Schuylkill, Somerset, Susque- 
 anna, Tioga, Union, Venango, Warren, Washington, York, and the bor- 
 oughs of Easlon, Lehigh, Bradford, Monroe, Clinton, Greene, Marion, 
 M'Kean, Wayne. Fayette, Potter, Jefferson, Northampton, shall be subject 
 to a lien for work done or materials furnished for, or about such building, 
 and the land covered, or adjoining the same ; and for gas fixings, and fur- 
 nishing and erection of grates and furnaces. 
 
 Lien continues six months, although no claim be filed therefor. But 
 if a statement of the claim be filed in the office of the prothonotary of the 
 court of common pleas of the county where the building is situate, lien 
 continues for five years. 
 
 Protection of Mechanics in Pennsylvania. All assignments of property 
 by any person, chartered company, trustees or assignees on account of 
 inability al the lime of the assignment to pay their debts, the wages of 
 minors, mechanics, and laborers, employed by such person or company, 
 shall be preferred and paid before any other creditor; provided, that any 
 one claim shall not exceed one hundred dollars 
 
 LIEN LAW OF RHODE ISLAND. 
 
 All persons who shall do work, or furnish materials for constructing, 
 erecting, or repairing any building, canal, turnpike, railroad, or improve- 
 ment, by contract with, or at the request of the owner, such owner being 
 at the time the owner of the land, such building, canal, &c,, together with 
 the landj is made liable and stands pledged for all the work done, Ac. 
 
 Lien IS dissolved, if the work be done or materials furnished under a 
 written contract, unless legal proceedings be commenced within four 
 months from the time that any payment on such, contract shall become due. 
 
 If the work is done, or materials furnished without a wriltc]! contract, 
 legal process must be enforced witliin six months from the time of com- 
 mencing work, or delivery of materials. No person who shall have en- 
 tered into a contract, whether in writing ornot, shall have any lien, unless 
 he shall within thirty days after commencing the work, give notice in 
 
LIEN OF MECHAN-I-CS. 125 
 
 'Writing to the person against whose estate he claims a Hen, that he has 
 
 ■commenced the work, and that he shall claim the benefit of the lien. 
 Legal proceedings to enforce such lien, must be commenced by filing 
 
 the amount or demand, in the office of the clerk of the town, describing the 
 premises and to whom belonging, twenty days before the term of the su- 
 preme court in the county, which shall be holden not less thanHwenty days 
 
 ■next after the commencement of the legal process aforesaid ; the claimant 
 shall file his petition willi his bill of particulars, and description of the 
 
 'estate, in the clerk's office of said court, praying that the estate may be 
 sold to satisfy his demand. 
 
 LIEN LAW OF SOUTH CAROLINA. 
 
 Any mechanic who shall erect, improve or repair a building, shall have 
 alien thereon, for the amount justly due him therefor. 
 
 Contract must be in writing, signed by the parties to such contract and 
 the proprietor of the premises or his lawful agent, in the presence of one 
 or more witnesses. 
 
 The contract must contain a particular account of the work to be done, 
 ■the materials to be furnished, and a description of the premises, and re- 
 ijorded in the register of mesne conveyance's office for the district in which 
 ■such buildings are. 
 
 Lien to remain in force three years from the day of recording. 
 
 Lien not to impsiir any prior claim. 
 
 The lien shall be in no case for a greater sum than the just value which 
 such builduig or improvement shall give to the land. 
 
 LIEN LAW OF TENNESSEE. 
 
 1. Suits may be brought by a justice of the peace in all cases within his 
 jurisdiction ; and when attachment has been levied upon land, the papers 
 may be returned to the circuit court. 2. No justice execution shall be a 
 lien on land unless within twenty days after rendition of judgment an ab- 
 stract of the same shall be filed with register of deeds of the proper county. 
 3&;4 Provides that the lien law^ shafl extend to foundry-men, and ma- 
 'chinists, whetherin wood or iron; also to journeymen and workmen. 
 
 When any mechanic or undertaker^ by special contract with the owner 
 of a lot of ground ortract of land, or his agent, shall construct, build orre- 
 vpair, or furnish materials for buildmg or repairing any house, fixtures or 
 improvements, or shall do any work upon said house, he shall have a lien 
 upon the same, and the lot of ground upon which said building, or im- 
 provements and fixtures stand ; — to contmue for one year after the work 
 is done or materials furnished. 
 
 The provisions of this act are also extended to the journeyman of said 
 fmechanic, or any other person that may be employed- by-or under him, to 
 do any pari of said work or furnish any materials, w^ho shall be authorized 
 to enforce ihe sam.e in preference to said undertaker; Providedj notice in 
 writing of said lieu shall be first given to the owner, or proprietor, of said 
 lot, tract of land, house or improvements, or his agent, at the time said 
 work is begun or materials furnished. Claims not to exceed the amount 
 agreed to be paid by the owner in his original contract with the undertaker* 
 
 When any debt is contracted by the master, owner, agent, or consignee 
 ■of any steamboat, or other vessel, within this state, for work done or ma- 
 terials or articles furnished for building, repairing, fitting, furnishing, or 
 'equipping the same, or for wages due to the hands inereof, such debt shall 
 be a hen on such steamboat or vessel. Suit must be commenced within 
 three months. 
 
 LIEN LAW OF TEXAS. 
 
 l^asters, builders, and mechanics of every denomination, contracting in 
 writing to erect buildings, shall have a lien on the same, and upon the 
 tract, parcel or lot of laud, upon which such building shall be put up. 
 
 Contract must be recorded with the clerk of the county, within thirty 
 ^ays after contract is made. 
 
 Under workmen and material men may deliver to the owner an attested 
 account of the amount and value of the work or materials furnished ; and 
 it shall be the duty of such owner or agent to famish his contractor with a 
 
 TG ]1* 
 
126 LIEN OF MECHANICS. 
 
 copy of such notice ; and if contractor fails to give written noljce, within 
 ten days, of his intention to dispute the claim, or if in ten days after giving 
 Buch notice he shall refuse or neglect to have the matter adjusted, he shall 
 be considered as assenting to the demand, and the owner shall pay ihe 
 same when it becomes due. If the matter cannot be amicably adjusted, 
 arbitrators shall be chosen, and their decision shall be final and conclusive. 
 
 LIEN LAW OF VERMONT. 
 
 Any person performing labor, or furnishing materials under written con- 
 tract, for erecting, repairing, or altering any building, shall have a lien on 
 such building and lot of land on which the same stands, which shall con- 
 tinue in force three months from the time when payment shall become due. 
 
 A copy of the contract must be lodged with the town cleric of the town 
 where the building is situated Action must be commenced by attach- 
 ment within three months after payment shall become due. 
 
 Any person w^ho shall perform labor or furnish materials for building, 
 repairing, fitting, or furnishing any vessel, shall have a lien on the same 
 for his materials and labor for four days after said vessel shall have been 
 completedj and may secure the same by attachment. 
 
 Before hen can attach, payment must have been demanded of the owner, 
 or person in whose care such vessel may be. 
 
 LIEN LAW OF VIRGINIA. 
 
 If a person owning or having an interest in land in a city or town, shall, 
 by a writing signed by him, contract with another to pay him money for 
 erecting or repairing any building or appurtenEinces of any building on 
 such land, there shall be a lien thereon, from the lime that said writing is 
 admitted to record in the county or corporation wherein said land lies. 
 But the said lien shall not be in force more than six months from the time 
 w^hen the money or last instalment shall become payable, unless a suit in 
 equity shall have been commenced w^ithin said six months. 
 
 Any person who shall do any work, perform any labor, or furnish any 
 materials, in erecting or constructing any dwelling-house or other building, 
 in the city and county of Alexandria shall have a lien thereon. Notice m 
 writing must be given to the owner of such house, wiihin thirty days after 
 the term of such person's employment has expired, or after the delivery of 
 materials furnished, of the amount due him, and that he claims the benefit 
 of the lien. 
 
 Lien is enforced by sale of such house under a decree of equity or a 
 judgment at law in favor of the claimant. 
 
 Suit must be commenced within ihree months after completion of house, 
 the performance of work, or furnishing of materials. 
 
 LIEN LAW OF WISCONSIN. 
 
 Persons furnishing labor or materials for erecting or repairing any dwell- 
 ing house or other bmldingj or machinery put up as a fixture, shall have a 
 lien on the same» with the interest of the person or persons, owning such 
 dwelling house, building, or machinery, and ou the land upon which the 
 building is situated, not exceeding forty acres, or if erected wiihin the 
 limits of any city, town or village-plot, not exceeding one acre. 
 
 Sub- contractors must give notice in writing to the owner within thirty 
 days after the work is completed or materials furnished, of their intention 
 to claim the benefit of the lien act. Action must be brought within one year. 
 
 Boats or vessels are subject to alien for all debts contracted by master, 
 ngenl,owner, or consignee, for supplies, materials for building or repair- 
 ing, for work done, or services rendered on board, for wharfage, negli- 
 gence, injuries, &c. 
 
THE RIGHTS OF HUSBAND AND WIFE. 127 
 
 THE 
 
 R I a H T s 
 
 OF 
 
 HUSBAND AND WIFE. 
 
 [By marriage the husband and wife are one person in law ; that 
 is, the legal existence of the woman is suspended during mar- 
 riage. The common law rule, however, in relation to the 
 rights of the parties, has been somewhat modified by the Stat- 
 ute Laws of the different states, which see at page 130, et seq.J 
 
 HusbaniTs Interest in Wi/e's PersoTial Estate. — Marriage is an absolute 
 gift 10 the husband of all the personal property, such as money, goods and 
 chattels, and moveables of which the wife was actually and beneficially 
 possessed at the time of marriage in her own right, and of such other goods 
 and personal property as shall come to her during the marriage. 
 
 The husband can therefore dispose of the personal property of his wife 
 as he pleases, and on his death it goes to his representatives, as being his 
 exclusive property. 
 
 Of course, if the wife before marriage has her personal property properly 
 secured to her own use, independent of her husband, or if personal prop- 
 erty is given to a wife during marriage, and is properly secured to her 
 own use, it will femain her property, and the husband will have no control 
 over it. 
 
 Husban(Vs Interest in Debts due the Wife^ termed Choses in Action.— ^\i& 
 hxisband has only a qualified interest in his wife's choses in action, which 
 term comprises debts owing to her, arrears of rent, legacies, residuary per- 
 sonal estate, money in the funds, &c., and which are due to the wife at the 
 time o^ or during, her marriage. 
 
 The husband is entitled to his wife's choses in action, only on condition 
 that he reduces them, into possession during the continuance of the mar- 
 riage ; for if he happen to die before his wife, without having reduced such 
 property into possession, she, and not his personal representatives, will be 
 entitled to it. So, if the wife die before the husband has reduced this prop- 
 erty to possession, he will be entitled to receive only as her administrator, 
 and it will be appropriated to the payment of her debts, and he will be 
 entitled only to the balance. 
 
 What w^il! amount to a reduction of the wife's choses in action into pos- 
 session by the husband is sometimes a nice question to decide. It is well 
 settled, that if the liusband himself, or by attorney, collects and receives the 
 amounts due, or if he assigns the Tvife's choses in action for a valuable con- 
 sideration, or mortgages them, or if he recovers her debt by a suit in his 
 own name, or if he novates the debt by taking new security in his own 
 name, or if he releases the debt; in all these cases the wife's interest in the 
 property has ceased. 
 
 A mere intention to reduce the wife's choses in action into possession is 
 not sufficient ; neither is a voluntary assignment of them by the husband 
 without consideration ; nor an assignment of the husband's estate under 
 the insolvent laws, unless the assignee reduces them to possession during 
 the marriage ; nor the receipt by the husband of interest due on wife's 
 choses in action during the marriage. In all these cases, the wife*fe rightto 
 the property, "apon the death of her husband, remains. 
 
 If the husband commences an action upon a debt due his wife, in the 
 name of himself and his wife, and he dies pending the suit, the action sur- 
 vives to her ; if therefore, the husband wishes to secure the debt to him- 
 aelf, he should commence the action in his own name. 
 
 Courts of equity, whenever their aid is invoked by the husbsuid or his 
 
128 HUSBAND AND WIFE, 
 
 RSSigTiees, to enable him or them to reduce to possession the wife's chosei 
 in action, require the party applying to secure a reasonabl-e portion of the 
 proceeds to the separate use of the wife. 
 
 ffusband^s Interest in Wife^sReat Estate.— As to the real estate of the 
 wife, at the time of or during the marriage; the husband is entitled to take 
 the rents and profits thereof during their joint lives. His interest ceases 
 with his death, if the wife survive Mm. Upon the dfeath of the wife, (he 
 husband surviving, his interest ceases, and the estate goes to her heirs, nn- 
 iess the husband is entitled to a life estate therein as tenant by the courtesy. 
 The husband has a life estate in ihe real estate of the wife, during his own 
 life, whenever there has been a child of the marriage born alive, and he is 
 then said to be a tenant by the courtesy. It is sufficient thai the child be 
 born alive, though it live but a moment. 
 
 The husband also becomes possessed of the wife's leases for years, and 
 he may dispose of them as he pleases during his life. If he does not dis- 
 pose of the same during his life, and his wife survive him, she v/ili be enti- 
 tled to them. 
 
 Hmband's Liability for Wife^s Debts before Marriage.— For all debts owing 
 by the wife before marriage, the husband is liable ;* but if they are not re 
 covered during the marriage, he is discharged, for his liability ceases wuh 
 the death of the wife. In the application of this rule, it makes no differ- 
 ence whether the husband has, or has not, received any properly by his wife. 
 
 Such debts, however, still remain ihe debts of the wife, and if she sur- 
 vive her husband, she continues personally liable ; and if she die before 
 her husband, her property w^ill be liable. 
 
 Husband^s Liability to Maintain his Wife. — The husband is bound to pro- 
 vide necessaries suitable to her situation, and his condition in life ; and U 
 he fails 10 do this, and she contracts debts for ihem, he w^ill be liable for 
 those debts. Where the wife is in the habit of procuring necessary arii- 
 'cles for the family, the husband will be liable for ihe debts which she has 
 «oniracied for that purposp, unless he shall give notice to the contrary, and 
 himself furnish her with necessaries. 
 
 The husband is only liable to furnish such necessaries as are suitable to 
 her situation, and his condition in life ^ and his liability does not exteml 
 beyond that. 
 
 If the husband abandons his wife, or sends her away, or if they separate 
 b^y consent, without any sufficient and suitable provision for her mainten- 
 ance, he will be liable for her necessaries, and for debts contracted by her 
 in procuring them 
 
 If the wife elopes, and deserts her husband, he will be no longer 'liable 
 for her necessaries. While the husband is not guilty of cruelty, and is 
 willing to provide Irer a home, vriih suitable necessaries, he is not botmd 
 to furnish them elsewhere. 
 
 If a wife who has left her husband, conducts herself with propriety dur- 
 ing her absence, and offers to return to her husband, and he refuses to re- 
 ■ceive her, it is sti^l an unsettled question whether he will in such a case be 
 liable for her necessaries. If, however, her elopemeiit is accompanied 
 with adullery, he is not bound to receive her back, and will not be liable for 
 her necessaries, even if she offer to come back. 
 
 All persons supplying lood, lodging, and clothing to a married woman 
 jiving separate from her husband, are bound to make inquiries, and they 
 give credit at iheir peril. 
 
 Dower of the Wife in Husband^s Real Estate.— Vpon the death of the has- 
 band, his wife is "entitled to be endowed, for her natural life, of the ihird 
 part of all ihe lands whereof he was seised, at any lime during the marriage. 
 
 It is not necessary, to eniille the widow to dower, that the husbanil should 
 be seiaed of the lands ai his decease ; it will be snfficient, if at any lirae 
 during the marriage, he was seized, although he may have conveyed them 
 to a third person before his decease, provided the wife iias not relinquished 
 her right of dower in the same.t 
 
 * In Massachusetts, Maine and New York the husband is not liable for 
 ilia wife's debts contracted before marriage. 
 
 t In Vermont, Connecticut, Tennessee, North Carolina, and Geordaj 
 the widow is only entitled to dower in lands whereof the husband diea 
 eeized. In Maine and New Hampshire, she is not entitled to dower in 
 wild lands. 
 
HUSBAND AND WIFE. 129 
 
 Where land is conveyed lo the husband, and immediately morteaged 
 back to secure the purchase miniey. the wiic will not be entitled to aower 
 in the land as against the rights of the mortgagee. 
 
 In nearly all of the stales, if lands are held by the husband as iruslee, 
 the wife will not be entitled to Ue endowed of them, unless the husband has 
 a beneficial interest therein. 
 
 Where property is mortgaged, the wife is entitled to dower in the hus- 
 band's equity of redemption. But if she claims her dower, she is bound 
 to contribute ratably towards the redemption of the mortgage. 
 
 How wi/e^s ri^ht to dower may he barred, — A divorce from the bonds ot 
 matrimony bars the wife's right lo dower, But in most of the states pro- 
 visions are made for the wife, where a divorce is not obtained on account 
 of her misconduct, and in some states divorce is not a bar to dower, unless 
 caused hy lier guilt. 
 
 Elopement of the wife, accompanied with the commission of adultery, is 
 sufficient, in most of the states, lo bar the wife from dower, unless ihe hus- 
 band becomes reconciled to her.* 
 
 The wife may release lier dower, and it is very common far her to join 
 with her husband in conveying his land, for that purpose. 
 
 Fraud wdl annul marria^fis. — Fraud will sometimes be a ground for an- 
 nulling a marriage; but error about the/nmiZy or /oriune of the individual, 
 though produced by unfair representauons, will not at all affect the validity 
 of a marriage. Marriages may be dissolved by death or by divorce. 
 
 Marriages may he dissolved by divorce. — Divorces are of two kinds ;* from 
 the bonds of marriage, and from bed and board. The first arises from some 
 of the legal disabilities already mentioned. Adultery also is a cause for 
 divorce from the bonds of matrimony ; so, also, in some states, is imprison- 
 ment for life, or a certain term of years ; and in a few states, ill usage or 
 desertion is a sufficient cause. In a divorce from the bonds of matrimony, 
 the marriage is declared null and void, and the parlies, (or at least the in- 
 nocent one, where the marriage has been dissolved by reason of the guilt 
 of one of the parties*) may in general marry again. 
 
 A divorce from bed and board is not a dissolution of the marriage, ena- 
 bling the parties to marry again ; but merely authorising and directing 
 them to live separate. It is ordinarily granted on account of extreme cru- 
 elty towards, or desertion of, the wife by the husband. 
 
 Upon a decree of divorce, a reasonable provision is made, by the court, 
 for the wife, out of the husband's property, unless the divorce has been 
 caused bv her guilt. 
 
 Powers'of the hushand.—A. married woman has no authorily to make a 
 contract without the authority or assent of her husband, eipress or implied. 
 IT a ivife sell or dispose of tht goods of the huaband, ihe sale is void ; or if 
 she buy goods without his consent, he is not chargeable with them. So, 
 also, a note^ bill, or lease, signed or indorsed by a married woman, is void. 
 
 If the wife be injured in her person or properly, she can bring no action 
 for redress, without the concurrence of her husband ; neither can she be 
 sued, without making the husband defendant. 
 
 In the civil and criminal trial, husband and wife are not generally allowed 
 to be evidences for or against each other, unless the offence is between them- 
 selves ; but from this rule there are several exceptions. The wife is ad- 
 mitted as a witness against the husband in an indictment for forcible ab- 
 duction and in marriage ; and in bigamy, though the first wife cannot be a 
 ■wilness, the second may, the second marriage neing void. 
 
 Where, too, the husband has allowed the wife lo act as agent m the 
 management of his affairs, or In any particular business, the representa- 
 tions and admissions of the wife, in the course of such agency, are admis- 
 sible in evidence against the husband. That, in an action against the hus- 
 band, for board and lodging, where it appeared the bargain for the apart- 
 ments had been made by the wife, and that, on a demand being made for 
 the rent, she acknowledged the debt, the plaintiff was held entitled to re- 
 cover. So, also, the admission of the wife, as to an agreement for suckling 
 a child, was allowed to be evidence against the husband. 
 
 * In New York, however, the wife is not barred of her dower, unless 
 convicted of adultery, or divorced, or unless the husband shall have com- 
 menced proceedings to obtain a divorce. 
 
1130 RIGHTS IN PROPERTY OF MARRIED WOMEN. 
 
 RIGHTS IN PROPERTY OF MARRIED WOMEN. 
 
 Massachusetts.— 1859. — A married woman may hold property, real anfl 
 ■personal which she now owns as her sole and separate property ; or thai 
 which comes to her by descent, devise, gift or grant, or which she acquires 
 by trade, business, services, or labor carried on or performed on her sole 
 uccount; or which a woman married in this state owns at the time of her 
 marriage, and the rents, profits, and proceeds of ail such property shall, 
 notwithslanding her marriage, be and remain her sole and separate prop- 
 erty, and may be used, collected, and iravesled, by her in her own name, 
 and shall not be subject to the interference or control of her husband, or 
 liable for his debts. 
 
 A married woman may sell and convey her separate property, enter into 
 any contracts in reference to the same, carry on any trade or business, 
 and perform any labor or services on her separate account, and sue, and 
 be sued in all matters having relation to her separate property, business, 
 trade, services, labor, and earnings. But no conveyance by her of shares 
 m a corporation or of real property (except a lease not t^xceeding one 
 year) shall be valid, without the assent of her husband in writing, or his 
 joining with her in the conveyance, or the consent of one of the judges 
 of a court. — Trustee may be appointed by supreme court, on petiuon of 
 wife, to take charge of her separate property, to be held in trust. 
 
 Real estate of wife, not her separate properly, may be conveyed by joint 
 deed of husband and wife, — but the wife shall not be bound by any cove- 
 nant contained in such joint deed. 
 
 Husband is not liable for the contracts of wife relating to her separate 
 property, nor for her debts contracted before marriage, after June 3, 1S55. 
 
 A married w^oman having separate property, maybe sued for any cause 
 of action which originated before marriage, and her property may be at- 
 tached and taken on execution with the same effect as if she were single.' 
 
 Payment of wages, &c., of married w^oman may be made to her, and her 
 receipt for the income of property held in trust for her*, or the principal, or 
 money deposited by or due to her, before or after marriagej shall be valid. 
 
 The real estate, and shares in any corporation standing in the name of 
 wife, shall not be liable for debts of husband contracted after June 3, 1855. 
 
 Insurance may be effected by husband or any other person, to inure to 
 the use of married viroraan and her children. 
 
 Any married woman may make a will ; bat such will shall not deprive 
 fcer husband of his rights as tenant by the curtesy ; and sh,e shall not be- 
 queath away from him more than one-half of her personal property, with- 
 out his consent in writing. 
 
 Marriage settlement or contract cannot be invalidated, nor can husband 
 convey or give property to his wife. 
 
 Marriage contracts may be made by parties before marriage, and limit 
 to husband or wife an estate in fee or for life in the whole or any part of 
 the property, and designate any other la\vful limilalions. 
 
 There shall be annexed to such contract a schedule of the property in- 
 tended to be affected thereby, containing a sufficiently clear description of 
 the property to enable any creditor of the husband or wife io distinguish 
 it from all other property; and such contract and schedule shall, either 
 before the marriage or within ninety days thereafter, be recorded in the 
 registry of deeds for the county or distnct in which the husband resides 
 at the time of the record, or if he is not a resident within this state, then 
 in the registry of deeds for the county or district in which the wife resides 
 at the lime of the record, ifitis made before the marriage, or In which she 
 last resided If made after the marriage. If not so recorded the contract 
 ehall be void. It shall also be recorded in every county or district m which 
 there are lands to which it relates. 
 
 A married woman coming into this stale without her husband, he nev^er 
 having lived with her in this state, shall have all the ri^rhts and powers ^ 
 g;iven to married women in the preceding provisions. %Vhen parties mar- 
 ried out nf this slate, come here to reside as husband and wife, the wife 
 shall retain all property which she had acquired by the laws of any other 
 state or country, or by marrian;e contract, &c. ; and their so residing here 
 shall have the same effect with regard to their subsequent rights and lia- 
 bilities, as if they had married at the time of their first residijig togettei 
 in this state. 
 
RIGHTS IN PROPERTY OF MARRIED' WOMEK. 131 
 
 When a wife is abandoned by her husband, or he is sent to the state 
 prison, she may be auihori2Xd by the court to sell, convey, and receipt lor, 
 her real and personal ealate ; Etnd to make contracts, and sue and be sued \ 
 such authority to continue until the hasban^i returns to the state, asd claima 
 hds marital rights-, or is discharged from prison ; and no suit shall be abated 
 by his return. 
 
 Every vi^oman shall be entitled to her dower at common law in the lands 
 of her husband, to be assigned lo her after his decease ; and also in the 
 right of redemption of mortgaged premises. A married woman may bar 
 ' her right of dower [and homestead] in any estate conveyed by her husband , 
 by joining him in the deed, and releasing the same; or by releasing ihe 
 same by a subsequent deed executed jointly with her husband, or with 
 his guardian ;— also, by a joimure of freehold estate in lands for the life of 
 the wife at least, settled on her, with her assent J)efore marriage, and lo 
 take effect in possession or profit immediately on the death of her hus- 
 band ; her assent to such jointure being expressed, if she is of lull age, by 
 becoming a party to the conveyance, and if under age by joining with her 
 father or guardian in such conveyance ; — and also any pecuniary provision 
 made for an intended wife, in lieu of dower, shall, if assented lo by her 
 before marriage, bar her right to dower;— and also by provision in the 
 wUI of husband in lieu of dower, ai her election within six months after 
 probate ofthe will.* 
 
 A widow is allowed her articles of appa?rel and ornaments, and the ap- 
 parel of her minor children, and may remain in husband's house forty 
 days after his death, and have her reasonable sustenance out of his estate, 
 together with such other necessaries as the judge shall order. 
 
 After the payment of the deUts of the deceased, the widow^, if there be 
 issue, is entitled to one-third ofthe personal property ; if there is no issue 
 she is entitled to five thousand dollars, and to one-half the excess of such 
 residue above ten thousand dollars. 
 
 Homestead acquired by any householder, vests in the widow and child- 
 ren after his death, and continues for their benefit,until the youngest child 
 is twenty-one years of age. 
 
 When a widow is entitled to dower in lands of which her husband died 
 seized, she may continue to occupy in common with ibe children or other 
 heirs ofthe deceased, or receive one-third of the rents, &c., so long as the 
 heirs do not object. 
 
 See " Rules for the distribution of Real and Personal Estates," in 5e- 
 quel to Business Man^s Law Library, pages 65, 66, and &7. 
 
 Maine. All the real and personal i^roperty, which a woman possessed 
 at marriage, and that which she receives by direct bequest, devise^gift, 
 p-urchase, or distribution after marriage, she shall hold as tier separate 
 property, and such property shall be exempt from any liability for the 
 debts and contracts of her husband; and she may manage; sell, convey, 
 and devise the same by will, as if unmarried, and without the assent of 
 her husband. Marriage does not vary lier rights of j)roperty. 
 
 Married woman may release to her husband the right of controlling her 
 properly, and disposing of the income for their mutual benefit. 
 
 Married woman may prosecute or defend any suit in law or equity; 
 and lease any of her property, by deedy in her own name. 
 
 The husband shall not be liable for debts contracted by wife before 
 marriage, after April, 1853, but the property of the wife, held in her own 
 right, may be attached for su«h liabiluies> 
 
 * Devise to a Wife in lieu of her dower.— Also, I devise to my wife, S. E., 
 the house in which I now live, amd the buildings appurtenant to the same, 
 and the household furniture of every kind now being m said house, and 
 the following described tract of land, &c. To have and to hold to her, the 
 said S. B., for the term of her natural life, in lieu and in full satisfaction 
 of her dower, and of all right of dower in and out of all the lands and ten- 
 ements whereof I shall die seized for of all her right of dower in any aii-d 
 all lands andteneraents whereof I now am or have been, or hereafter shall 
 be, seized during my ma,rrjage to my said wife.} 
 
132 RIGHTS IN PROPERTY OF MARRIED WOMEN. 
 
 Husband and wife, before marriage, may determine rights in each 
 other's estate by marriage settlement. 
 
 Wife is aulliorized to malce contracts, and receive her properly when 
 her husband abandons lier, or is confined in the siales prison; and all 
 such contracts shall be binding upon her and her husband. 
 
 Wife coming from another state without her husband, may make con- 
 tracts, dispose of property, sue and be sued, as if unmarried. 
 
 A widowis entiileato dcwer in the lands of her husband, to be assigned 
 to her after his decease, unless she is lawfully barred thereof. 
 
 New Hampshire. Parties may contract before marriage, that after mar- 
 riage, wife may hold all her real and personal estate, free of the interfer- 
 ence or control of her husband, but the real estate must be recorded. 
 
 Any property by devise, conveyance, or bequest, made to a married 
 woman, shall be for her sole and separate use, without the interference of a 
 trustee, free from the control of her husband ; she shall in like manner hold 
 any properly, under a deed of trust, made either before or after marriage. 
 
 When any husband shall have deserted his wife for the space of three 
 months, without making suitable provision for her support, she shall be 
 entitled to hold in her own right and to her separate use, any property ac- 
 quired by her in any way, and the earnings of her minor children, and 
 may dispose of the same; and the judge of probate may authorize the prop- 
 erly of the husband to be sold for the maintenance of herself and children. 
 
 Whenever a married w^oman shall be entitled to hold property in her 
 own right, and lo her separate use, she may make contracts, sue and be 
 sued, and if twenty-one years of age, dispose of her property by will to 
 any devisee, except her husband, provided, that the rights of the husband 
 acquired by marriage in any estate so devised shall not be injuriously 
 affected ; but if she make no will her property shall descend to her heirs. 
 
 If married -woman is twenty-one years of age, she may join with her 
 husband in the conveyance of real estate, but in releasing dower she need 
 not be of full age. — If she wishes to give real estate to her husband the 
 conveyance must be by deed. 
 
 No marriage can be contested if persons live together as husband and 
 wife for three years, and until the decease of one of ihem. 
 
 No widow shall be entitled lo dower in any lands, unless the same 
 w^ere, during tlie marriage and possession of the husband, in a state of 
 culiivation, or were used and kept as a timber lot, and occupied by some 
 farm or tenement owned by the husband ; and she shall be endowed of so 
 much of the real estate as will produce a yearly income equal to one-third 
 of the yearly income thereof at the time the husband died or parted wim 
 his title. 
 
 VerTTiont. Any woman possessed at marriage of real and personal prop- 
 erty in her own right, may hold the same to her separate use, logellier 
 with all property she may acquire after marriage, by gift, devise, &c., and 
 such property shall not be liable for the sole debts of her husband. 
 
 Rents and profits of wife's real estate, acquired before or after marriage, 
 are not liable for husband's debts. She may also devise her own property. 
 
 A married woman is allowed lo insure the life of her husband, the insur- 
 ance to inure to her sole benelil, free from his liabilities, and in case of 
 her death before the decease of her husband, then the amount ofinsurance 
 free from the claims of the representatives of her husband, to be paid lo 
 her children, or their guardian if under age ; but such exemption shallnot 
 apply when the amount of premium annually paid shall exceed three 
 hundred dollars. 
 
 The widow is entitled to dower, or the use during her life of one-third 
 of the real estate of which her husband died possessed. If there are no 
 children or representative of children, she is entitled to one-half the esialc. 
 
 The widow may be barred of her dower, when a jointure shall have 
 been settled on her by her husband or other person, or some pecuniary 
 provision shall have been made for her, before her marriage, witli or witli- 
 out her consent, or after marriage, with her consent, to lake effect after 
 the death of her husband, and expressed lobe in lieu and discharge of 
 her dower ; or, when the husband, by will shall have made provision for 
 his widow, and it appears to the probate court thai ii was intended to be 
 in lieu of dower. 
 
EIGHTS IN PROPERTY OF MARRIED WOMEN. 133 
 
 Rhode Island. All the real and personal estate which any woman pos- 
 sessed before marriage, or which may become hers after marriage, or 
 may be acquired by her industry, shall be for her sole and separaie use, 
 and the same and the income thereof, shall not be liable forihe debts of her 
 husband, either before or after his death ; and in case of sale, the prpceeds 
 may be invested in the name of the wife. Husband may receipt for wife's 
 rents and profits, unless previous noiice shall be given in writing to the 
 debtor, in which case the receipt of the wife shall be a sufficient discharge. 
 
 The chattels real, household furniture, plate, jewels, stock in corpora- 
 tions, money in savings banks, interest, and mortgages, which are the 
 property of any w^oman before marriage, or which may become her pro 
 perty after marriage, shall not he sold, leased, or conveyed by the hus- 
 band unless by deed in which the wife shall join as grantor. 
 
 Wife may sell and convey any of her personal estate and make contracts, 
 but shall not transact business as a trader. 
 
 Husband and wife being of lawful age may convey real estate by deed 
 in writing, signed, sealed and delivered by them respectively. 
 
 Married woman, being twenty-one years of age, may dispose of her real 
 estate, and bemg eighteen years and upwards dispose of her personal es- 
 tate, by will. Rights of husband by curtesy shall not be impaired. 
 
 Wife's properly may be attached for her debts. 
 
 In all actions relating to the property of any married woman, the hus- 
 band and wife shall jointly sue and be sued. 
 
 Any policy of insurance (the annual premiums of which shall not exceed 
 S3(J0) on the life of any person expressed to be for the benefit of the wife, 
 shall inure to ihe benefit of the wife and children. 
 
 All sums of money deposited in any Savings Institutions by any mar- 
 ried woman shall be secured to her sole and separate use, and be subject 
 to her disposal. 
 
 The widow is entitled to one full and equal third part of the lands, ten- 
 ements, and hereditaments whereof her husband or any other to his use, 
 was seized of an inheritance at any time during the iritermarriage. 
 
 Wife may release her right of dower by deed or jointure in lieu of dower 
 
 Connecticut. The interest of a married man in the real estate of his 
 wife, belonging to her at the time of the marriage, or which she may have 
 acquired after the marriage by devise or inheritance, cannot be taken on 
 execution against the husband during her life, or the life or lives of child- 
 ren, the issue of such marriage. 
 
 All property, real or personal, owned by a married woman, before mar- 
 riage, shall remain her separate property. 
 
 All real and personal property acquired by personal services of wife, 
 or during the abandonment of her husband, is her separate estate. Wages 
 of a married woman must be paid to her, and her receipt is valid therefor. 
 
 When the real estate of a married woman is sold and the avails invested 
 in her name, it is her separate estate. 
 
 All personal estate which shall accrue to any married man, during mar- 
 riage, in right of his wife, by virtue of bequest to her, or distribution to 
 her, as heir at law, and all property derived from the sale or investment 
 thereof, vests in him in trust for his wife ; and at his decease, if not dis- 
 posed of, vests in the wife, or her heirs. 
 
 The husband is entitled to the rents and profits of such estate, but they 
 .cannot be taken for his debts, except contracted for the support of his wife 
 and children, after the estate has vested in him. No sale of such estate 
 is valid, unless by consent of the wife, or if she is dead, the consent of those 
 in whom the estate has vested, who must join with the husband in the 
 conveyance thereof. 
 
 Courts of probate can remove husband from being trustee and appoint 
 a trustee in his place. 
 
 Married woman may dispose of her property by will. Insurance on 
 thejife of any person, for her benefit, will inure to her use, and the amount 
 of insurance shall be paid lo her and in case of her death, to her children, 
 provided the annual premium shall not exceed $150. 
 
 A widow has right of dower in one-third part of the real estate of which 
 her husband died possessed in his own right, to be lo her during her naiu- 
 rat life. 
 
 TG 12 
 
134 RIGHTS IN PKOPERTY OF MARRIED WOMEN. 
 
 New Yori.— 1S58.— Any married woman, by herself, and in her name, 
 or in the name of any third person, with his assent as her trustee, may 
 cause to be insured the life ofher husband ; and in case of her surviving 
 her husband, liie amount of insurance becoming due sliall he payable to 
 her, for her own usse, free from the claims of ilie representatives of her 
 husband, or any of his credilors ; but such exemption shall not apply 
 where the amount of the annual premium paid shall exceed three hundred 
 dollars. In case of the death of the wire before the decease of her hus- 
 band the insurance shall inure to the children for their use, and to their 
 guardian, if under age. 
 
 The properly owned by her at the lime ofher marriage is nol subject to 
 the disposal ot her husband, nor liable for his debts. 
 
 A married woman may receive by inheritance, or by gift, grant, devise, 
 or bequest, from any person other than her husband, and hold to her sepa- 
 rate use, and convey and devise real and personal property, and any 
 interest and estate iherein, and the rents, issues and profits thereof, in the 
 same manner as if she were unmarried, nol subject to the disposal of her 
 husband nor liable for his debts. Trustees holdmg real or personal prop- 
 erty of a married woman, under deed or otherwise, on herwritten request, 
 aecompanied by aceruficaie of the Justice of the Supreme Coun, shall con- 
 vey to s-uch married woman the whole or any part thereof, for her sole and 
 separate use. All coniracis made between parties in contemplation of 
 marriage, shall remain m full force after such marriage takes place. 
 
 When a deposit is made in any savings bank by a female, before or 
 after marriage, in her own name, it shall be lawful for the officers of such 
 bank to pay such deposiier, and her receipt shall be a discharge to the 
 corporation. 
 
 A widow shall be endowed with the third part of all the lands whereof 
 her husband was possessed, of an estate of inheritance at any lime during 
 »he marriage. 
 
 New Jersey. The real and personal estate of any female, which she 
 shall own at the time of her marriage, and ihe rents and profits thereof, 
 shall nol be at the disposal of her husband, nor liable for his debts, but 
 shall continue her sole and separate property. 
 
 Married woman may receive, by gift, grant, devise or bequest, andhold 
 to her sole and separate use, as if she were single, real and personal pro- 
 perty, and the rents and profils thereoi", not subject to the disposal ofher 
 husband, nor liable for his debts. 
 
 Contracts made between persons before marriage, shall remain in force 
 after such marriage takes place. 
 
 A married woman is allowed to insure the life ofher husband, in her own 
 name, or in the name of a third person, with his assent, as her irusiee ; the 
 amount of insurance shall be payable to hei, for her own use ; and in case 
 of her death before ihe decease ofher husband, then the insurance shall 
 be paid to the children, for their use, if of age, if not to their guardian ; but 
 s.uch exemption shall not apply where the annual amount of premium 
 paid sliall exceed one hundred dollars. 
 
 The vvidow, whether alien or not, is endowed with an estate for life of 
 one-third of all ihe lands, of which ihe husband was seized during mar- 
 riage, to which she has jiot released her right m the manner prescribed 
 by law. 
 
 Pennsylvania. Every species of property, real, personal, or mixed, be- 
 longing lo a woman, before, or accruing in any way after marriage, shall 
 be owned as her separate property; and sliall be exempt from execution 
 for her husband's liabilities, and shall nol be conveyed or mortgaged with- 
 out her writlen consent first obtained, and duly acknowledged. 
 
 Her husbaiitt sliall not be liable for her debts contracted before marriage : 
 Ifcor on any judgment recovered against him for wrongs and injuries done 
 by her to others in the way of trespass, defamation, assault and battery, 
 &c. J but in such cases execution shall be first had against the properly of 
 the wife. 
 
 A married woman may dispose of her separate property by will, exe- 
 €uied in the presence of two or more witnesses, neither of whom shall be 
 Iter husband. 
 
 Where iudgraunts are oUiaiued on debts contracted ibr necessaries for 
 
RIGHTS IN PROPERTY OF MARRIED WOMEN. 135 
 
 the support of ihe family of any married woman, execution shall first issue 
 against the husband ; and if no property be found, the separate properly 
 of the wife maybe taken, provided ii is proved that the wife coniracled 
 the debtj or that it was incurred for articles necessary for the support of 
 the family. 
 
 A married woman is under the same restrictions, as regards the husband, 
 as the husband is, in regard to her, in respect to oequealhing or devising 
 her properly by will, viz. : so that a husband may, against her will, elect 
 to take saeh share and interest m herestaie as shecan,elect lo lake against 
 his will, in his estate, or to take only her real estate as tenant by the cur- 
 tesy ; provided that the rights of the wife shall noi be affected by virtue of 
 any authority or appointment contained in any will or deed, to grant, be- 
 queath and devise, as heretofore, any property held in trust for her sole 
 and separate use. 
 
 When a husband from drunkeness, or other cause, rxeglects or refuses 
 to provide for his wife, or deserts her, she shall have a right to act and con- 
 tract, and her properly, real and personal, shall be subject to her disposal, 
 free from the interference of her husband, and at her death shall go to her 
 next of kin; and whenever a husband, or fai her, from drunkeness, or other 
 cause shall neglect or refuse lo provide for his children, the moiher shall 
 have all the rights, and be subject to all the duties due between a father 
 and his children, and may receive their earnnigs, and bind them to ap- 
 prenticeship without the inferferenceof such husband. 
 
 No husband who has w^ilfully neglected to provide for his wife, and 
 deserted her for one year, or upwards, previous to her death, shall liave 
 a right in her real or personal estate as tenant by curtesy. 
 
 Indiana. All real estate acquired by wife before or after marriage, or 
 any interest therein, and rents and profits arising therefrom, is declared 
 her separate property, and is not liable for her husband's debts. Her prop- 
 erty shall be first liable for all debts coniracled by her before marriage. 
 When the action concerns her separate property she may sue alone. If a 
 husband and ^vife are sued togeiher, and the aciion relates to her separate 
 property, the wife may defend her own right, and, if ihe husband neglect 
 to defend, she may defend his right also. 
 
 At the husband's death w^idow may select and take property not exceed- 
 ing in value three hundred dollars. 
 
 Will made by unmarried woman is revoked by marriage A married 
 woman may devise her real estate. 
 
 The widow^ receives in fee simple, one-third of the real estate of the hus- 
 band, free from all demands of creditors, provided liowever.that where the 
 real estate exceeds in value ten thousand dollars, liie widow shall have 
 one-fourth only, and where it exceeds twenty thousand dollars, one-fifth 
 only as against creditors 
 
 The widow is entitled to one-half the personal property of the husband 
 if there be but one child, and one-third if there be more ihan one. 
 
 If the widow marry again holding such real estate, she cannot, with or 
 without the consent of her husband, alienate ihe same, but at her death it 
 descends to the children of the husband from whom it was derived. 
 
 The personal property of the wife, held by her at the time of her mar- 
 riage, or acquired during marriage, by descent, devise or gift, shall remain 
 her own properly, to the same extent and under ihe same rules as her real 
 estate so remains, and on the death of the husband before ihe wife, such 
 personal properly shall go lo the wife, and on ihe deaih of the wife before 
 the husband, shall be distributed in ihe same manner as her real estate de- 
 scends under the same circumslances. 
 
 Tenancies by curtesy and dower are abolished. 
 
 Illinois. Married woman may dispose of her separate estate, real and 
 personal by will. 
 
 A widow is endowed ofaihird part of all thelands whereof herhusband 
 was seized of an estate of inheritance, ai any time during marriage ; unless 
 she has relinquished her right of dower by joining her husband in a deed 
 of conveyance, or accepted a jointure before marriage, or evinced her as- 
 sent by her becoming a party lo the conveyance, by which il shall be set- 
 tled, if she be of full age, or, if she be an infant, by her joining with her 
 
1 36 EIGHTS IN PROPERTY OF MARRIED WOMEN. 
 
 father or ffuardian in such conveyance, and also by provision in the will of 
 husband in lieu of dower, which she may elect to take within a year. 
 
 Widows are also entitled, after the payment of debts, to one-third of the 
 personal estate of their husbands, as their property forever. If there be no 
 child or descendanis of the husband, then one-half of the real estate, and 
 alt the personal estate goes to the widow. 
 
 The real estate of the wife may be conveyed by her joining with her 
 husband in the deed, if she be above the age of eighteen. 
 
 Michigan. The real and personal estate of any female acquired before 
 marriage, and all property lo which she may afterward become entitled 
 by gift, grant, inheritance, or devise, shall be and remain the estate and 
 properly of such female, and shall not be liable for the debts, obligations, 
 or engagements of her husband, but is liable for her own debts contracted 
 before marriage, and may be devised and bequeathed by her as if she 
 w^ere unmarried. 
 
 Rents, profits, and income of married woman's property to remain her 
 separate property. 
 
 Ante-nupiial contracts binding. 
 
 In case of abandonment by husband, the statute provides similar provi- 
 sions to those of Massachusetts for the sale of her properly, and her powei 
 to contract and sue. 
 
 Married woman may, in her own name, or -in the name of a third per- 
 son, with his assent, insure the iife of her hu&band, to inure to her bene- 
 fit and her children ; but amount of premmm annually paid not lo exceed 
 three hundred dollars. 
 
 The wife is entitled to dower in all lands of which her husband was 
 seized of an inheritance during marriage. 
 
 The widow may be barred of her dower by joining her husband in the 
 deed, or by a jointure settled on her with her assent before marriage 
 
 If the deceased left no children, his estate, undisposed of by his last will, 
 descends to ihe widow during her life, and after her decease to his father. 
 
 The widow shall have all her articles of apparel or ornament, and all 
 the wearing apparel and ornaments of the deceased, and the household 
 furniture, not exceeding two hundred and fifty dollars, and other personal 
 
 firoperty, to be selected by her, not exceeding in value two hundred dol- 
 ars. After payment of the debts, the w^idow is entitled to the same share 
 of the personal estate as a child would be entitled to. 
 
 Wisconsin. The real estate, and the rents, issues and profits thereof, of 
 any female now married, shall not be subject lo the disposal of her hus- 
 band, but shall be her sole and separate property. 
 
 The real and persona! properly of any female who may hereafter marry, 
 and w^hich she shall own ai the time of marriage, with its rents, &c., shall 
 not be subject to the disposal of her husband, nor be liable for his debts, and 
 shall continue her separate property. 
 
 A married woman may receive by inhe-ritance, gift, grant, devise or he- 
 Quest, from any person olher than her husband, and hold to her sole and 
 separate use, and convey and devise real and personal property, and any 
 interest or esiaite therein, and the rents, &c», in the same manner and with 
 like effect as if she \vere unmarried^ and the same shall not be subject to 
 (he disposal of her husband, nor be liable for his debts. 
 
 A married woman is allowed to insure ihe life of her husband in her 
 favor, or the husband, or any other person may insure his own life in her 
 behalf, to inure to her sole and separate use and that of her children ; and 
 in case of the death of such married woman, it shall be lawful for any couri 
 having the authority, to ap.poini a guardian for the minor children, who 
 shall have power to manage the interest arising from such policy, or the 
 proceeds thereof. 
 
 When a husband abandons bi:^ wife, either from drunkenness or other 
 cause, or neglects or refuses lo provide foB her support, or the suppprt and 
 educationof her children, such married woman shall have a right, in her 
 own name, to transact business, collect her own and her minor children's 
 earnings, for her own andiheir support, free from ilie control and interfer- 
 ence of her husband. 
 
 The widow shall be entitled to dower of one-third of all the lands where- 
 of her husband was seized of an estate of inheritance at any lime during 
 tt» marriage,, unless she is lawfully hatred. 
 
LANDLORD'S & TENANT'S 
 
 ASSISTANT 
 
 OR, 
 
 LAWS OF TENANCY. 
 
IMPROVED EDITION OF THE 
 
 LANDLORD'S & TENANT'S 
 
 ASSISTANT, 
 
 CONTAINING 
 
 THE LEGAL RIGHTS, DUTIES, AND LIABILITIES 
 OF LANDLORDS AND TENANTS; 
 
 KULES OF LAW ON THE SUBJECT OF DIVISION FENCES PAB.- 
 
 TITION WAIXS NUISANCES ANCIENT LIGHTS HIGH- 
 WATS PK.IVATE WAYS RUNNING WATER, &C. ; 
 
 AND A 
 
 SELECTION- OF LEASES, 
 
 AGREEMENTS ASSIGNBTENTS OF DO. SURRENDERS OF DO. 
 
 landlord's AND TENANt's NOTICES TO QUIT, &C. J , 
 
 WITH THE 
 
 STATUTE LAWS 
 
 or ALL THE STATES IN RELATION TO TENANCIES, HOLDING 
 OVER, COLLECTING RENT, NOTICES TO QUIT, AND EJECTMENT. 
 
 No Laidloni or Tenatt should k witliout iMs Wort 
 
 By I. R. BUTTS, 
 
 Antbor of the " Business Man's Assifltant," — " Trader's Guide,"— ^" Merchant Shipper 
 imd Common Carrier's Assistant,"—" Laws of the Sea," &c* 
 
 BOSTON: 
 PUBLISHED BY L R. BUTTS, 
 COBWEB OP SCHOOL & WASHTNGTON STBEET, 
 Over Ticknor & Field's Bookstore. 
 
ADDENDA, 
 Late'DecisiOTis. 
 
 Where a house was let for five years, al a rent of $1400 a year, with a pro- 
 viso, that either party might terminate the lease by giving the other parly sia 
 months' notice in writing, it was held that the six months' notice by either 
 party to terminaie the leEise, must be so given as to expire al the end of a year 
 of the term. 5 Cashing, 99. 
 
 An assignment of an estate by a tenant at will terminates the tenancy. 6 
 Gushing, S7. 
 
 A tenancy at will, under a verbal lease, dependent on a condition, is termi- 
 nated by a breachthereof, neither parly being entitled to notice; andif the ten- 
 ant holds over he is a tenant at sufferance. 5 Gushing, 133. 
 
 On the sale of an eslate, by the Landlord, ihe tenancy at wiJI is terminated. 
 and the tenant is not entitled to noiice.— It may be said, that if a landlord is 
 desirous of speedily getting rid of a tenant, he may convey away his estate, 
 and the purchaser may then enter, or have the summary process provided by 
 statute, without giving ilie three months' noiice. If this should be donecol- 
 orably or fraudulently, without any intent to alienate, it might, like other frau- 
 dalent and colorable acts, beheld void. But if the landlordat will does in fact 
 alienate, il is clear, that by operation of law the tenancy is at an end. It is a 
 well established rule of law, that upon the conveyance of an estate the tenan- 
 cy at will must terminate. The alienee does not become the landlord at will 
 of the former tenant at will, nor does the tenant at wilt become tenant to 
 the alienee. Who then would be entitled to recover rent of the tenant ? Nol 
 the alienee who has become the owner, nor the alienor who has parted wilh 
 all his interest, and ceased to be landlord. 5 Gushing, 553. 
 
 If the tenant is evicted, (that is, turned out,) from the premises by a superior 
 title, (that is, by sale of the estate, oroiherwise,) before the rent is due, he will 
 be discharged from the whole rent. [See further on the same subject al 
 pages 10 and 5'2] 
 
 There is no contract, still less a condition, implied by law, on the leasing of 
 real property, thatit is fit for the purpose for"which it is let, or if fit thai it shall 
 continue so. A tenant must pay rent for the whole terra, though the house be 
 blown down, destroyed by fire, or abandoned on account of a filthy nuisance, 
 destructive to the health of the family. Mass. Dec, [unless there is an ex- 
 press covenant to the contrary.] See also pp. 39 to 4l, and 119, n. 
 
 In a tenancy at will, where the rent is payable monthly, a month's noiice 
 must be given to quit at the expiration of a month from the day when the rent 
 is payable. Mass, Dec. [The same rule is applied when the rent is payable 
 weekly or quarterly.] Unless a month's notice is given to quit at the expira- 
 tion of a month from the day when the rent is payable, the noiice is insuffi- 
 cient. Mass. Dec. 
 
 This work is divided into Foiir Parts, as follows : — 
 
 1. — ^The Common Law relating to Landlord and Tenant. 
 
 2. — The Common Law in Relation to Division Fences, 
 Walls, Nuisances, Private Ways, etc. 
 
 3. — The State Laws relating to Landlord and Tenant. 
 
 4. — Forms of Leases, Guarantees, Assignments, Sub- 
 renders, Notices to Quit, etc., etc. 
 
 Entered, according to Act of CongrieaB, in the year 184S, 
 
 BY I. R, BUTTS, 
 
 in the Clerk's Office of the District Court of the District of Massachusetts. 
 
CONTENTS. 
 
 DIRECTIONS TO THE READER. 
 
 [The first part of this work is occupied with a statement of the Rights 
 AND IJAEiLiTiEs OF LANDLORD AND TENANT Under the Common 
 law^ which prevails in all the States, excepting Louisiana, where the 
 civil law obtains. To ascertain the law respecting any question that 
 may arise, first examine the principles of the common law as here 
 stated, then turn to the statutes of your own State (which will be 
 found in the last part of this work,) and see if there is any statute law 
 affecting the subject, if not, follow the common law, — if there is, 
 follow the regulation of the statute.] 
 
 RELATIONS BETWEEN LANDLORD AND TENANT. 
 
 A Tenaacy from Year to Year 
 A Tenancy at Will . 
 A Tenancy at Sufferance 
 Letting Rooms and Stores . 
 
 Page 
 
 '. 6 
 . 7 
 . il. 
 
 Kepairs .... .9 
 
 Water ib. 
 
 Waste, — Voluntary or PermiBsivG, ifi. 
 Rights & Liabilities of Landlord 10 
 
 CHAPTER I. 
 
 THE COMMON LAW RELATING TO LANDLORD AND TENANT, 
 
 Continuance of the Term . . ib. 
 
 Taxes ^3 
 
 Tlie Parcels ib* 
 
 Reservation of Rent . . .24 
 Premises destroyed by Fire, or other 
 
 Casualty 25 
 
 Tenancy how Dissolved . . , ib. 
 Dissolutidh of Tenancy by Forfeit- 
 ure . . ... 27 
 Waiver of Forfeiture . . .28 
 Dissolution of Tenancy by Surren- 
 der ib. 
 
 Notice to quit by Landlord . . 29 
 Notice to quit by Tenant. . . 31 
 Form and service of Notice . . t&. 
 Condition of Parties at the End of a 
 Notice to quit, and on Holding 
 
 over 32 
 
 When Notice to Q.uit by Tenant is 
 
 Unnecessary 33 
 
 Tenant's Right of Egress and Re- 
 gress . .... 34 
 
 Emblements t'A. 
 
 Rights and Liabilities of Outgoing 
 
 Tenants 35 
 
 Landlord's Fixtures . . .36 
 Tenant*s or Domestic Fixtures . ib. 
 Trade Fixtures . . , .37 
 Farm Fixtures . . . .38 
 Heir or Executor's Right to Fix- 
 tures ib. 
 
 Repairs, by whom to be made when 
 
 Letting is by Written Lease . 39 
 Implied Covenants on the partof the 
 
 Lesaeo to Repair . . . ,41 
 Express Covenants and Agreements 
 
 to Repair 43 
 
 Covenants respecting Water . . 44 
 Waste 45 
 
 The Tenancy how Created . .11 
 Tenancy by Agreement , . . ib. 
 Tenancy by Implication . . .12 
 Tenancy by Holding over the Term 13 
 Joint, or Tenants in common . . ib. 
 
 Lease 14 
 
 By whom Lease may be made . 15 
 
 To whom the Lease may be made . 16 
 Leases may bo made by power of 
 
 Attorney ib. 
 
 Entry of Lessee .' . . .17 
 Names of Parties to a Lease . . ib. 
 The Date of a Lease . . , t6. 
 The Form of Seal . . . , ib. 
 Witnesses to the execution . .18 
 Covenants in a Lease . . . ib. 
 
 The Lessee covenants to pay rent ib. 
 
 To pay or cause to be paid all 
 taxes ib. 
 
 To repair ib. 
 
 Not to commit waste . . .19 
 
 Not to assign or underlet, &c. . ib. 
 
 Not to carry on a particular trade, 
 &c 20 
 
 To surrender at the end of the 
 term ib. 
 
 As to the management of farms . ib. 
 
 Usual covenants . . . . ib. 
 
 Implied covenants . . .21. 
 
 The landlord covenants to indem- 
 nify against incumbrances . ib. 
 
 Rent to cease in case of fire or 
 other casualty . . . . ib. 
 
 Covenant for quiet enjoyment by 
 tho landlord .... ib. 
 
 To pay taxes and assessments . ib. 
 Words usually made use of in a 
 
 Lease ib. 
 
 Commencement of the Term. . 22 
 
17 
 
 CONTENTS. 
 
 , Page 
 
 Asaignmcnt 46 
 
 Assignee of the Reversion • . 47 
 Assignee of the Term . . .48 
 Bankruptcy of Tenant . . . ib. 
 Forcible Entry and Detainer 48 
 Landlord's Remedy by Action of 
 Debt 49 
 
 Landlord's Reuedies against 
 THE Tenant . . . .50 
 Use and Occupation . . . ib. 
 
 Forfeiture ib. 
 
 Waiver ib. 
 
 ?iS9 
 ■ 50 
 . 51 
 .16. 
 ,ih 
 . tA. 
 . ib. 
 
 Repairs . . • 
 
 Insurance . • 
 
 Waste . . 
 Assignrnfjor Underletting 
 Carrying on a Trade 
 Buildings . • . 
 Non payment ot Rent 
 
 Tenant's Remedies against the 
 
 LANDLOtlD . . 59 
 
 Use and Occupation . . , ih 
 Conditional Rnnting, and condi- 
 tion not pcrfurmed . . . i&, 
 
 CHAPTER U. 
 
 LAWS IN RELATION TO DIVISION FENCES, FARTY WALLS, 
 
 NUISANCES, AND EASEMENTS. 
 
 Division Fences . . .53 
 
 Partv Walls . ... 56 
 
 Of Nuisances and other Inju- 
 ries to the Possession . . 57 
 
 Who may Sue for Damages occa- 
 sioned by a Nuisance ? . . ib. 
 
 Against whom an action of Nui- 
 sance may be brought . . ih. 
 
 What are Nuisances? , . ,59 
 
 Nuisances to liousea . . . ib. 
 
 Overhanging . , . . i6. 
 
 Ancient Lights ... ib. 
 
 Corrupt Air 
 
 . 60 
 
 Nuisances to Lands 
 
 . 61 
 
 Public Nujsancea 
 
 . ih. 
 
 Abatement of Nuisances 
 
 . 62 
 
 Negligence . 
 
 . 63 
 
 Of Pritatz Wats 
 
 . 64 
 
 By Grant 
 
 . a 
 
 By Prescription . 
 
 . 65 
 
 By Necessity 
 
 . . 66 
 
 Hiijhway 
 
 .a. 
 
 Running Water . 
 
 . \i. 
 
 Priority of Occupancy 
 
 .67 
 
 Chapter hi. 
 
 THE STATUTE LAWS RELATING TO LANDLORD AND TENANT. 
 
 Maine, New Hampshire 
 Vermont, Massachusetts 
 Rhode Island, Connecticut 
 New Yorlt, New Jersey 
 Pennsylvania, Maryland 
 South Carolina, Louisiana 
 Missouri 
 Illinois, Indiana 
 Wisconsin, Ohio 
 
 68,70 
 
 Michigan, Iowa . 
 
 98 
 
 71,73 
 
 Kentucky, Tennessee 
 
 99, 100 
 
 75,77 
 
 Arkansas, Alabama . 
 
 101, 103 
 
 7S, S3 
 
 Mississippi, Georgia . 
 
 103,104 
 
 85,87 
 
 Florida, Texas . 
 
 105, 106 
 
 88,89 
 
 Virginia, Delaware . 
 California . 
 
 107. 109 
 
 93 
 
 110 
 
 94,95 
 
 North Carolina . 
 
 111 
 
 96 
 
 Minnesota . 
 
 111 
 
 CHAPTER IV. 
 
 FORMS OF LEASES, AGREEMENTS, ETC. 
 
 Agreement for a Lease , . , 115 
 
 Short Lease of a House, or Store, ib. 
 Short Lease of Two Rooms, with 
 
 Privileges 116 
 
 Guarantee for the Payment of Rent ib. 
 
 Lease of a House, or Store, . ib. 
 
 Guarantee for tlie Payment of Rent 117 
 
 Lease of Furniture, or Goods, 
 An Unexceptionable Lease, . 
 Guarantee for Payment of Rent 
 Lease of a Farm on Shares 
 Forms of Special Covenants . 
 
 ib. 
 
 . lis 
 
 . 119 
 . ib. 
 . 121 
 
 Lease of Land for years . .123 
 
 Surrenderofa Lease byeadorscment 
 on the Lease .... 123 
 
 Assignment of Lease, to be endowed 
 on the Lease .... 124 
 
 Assignment of Lease . . ti. 
 
 Notice to Q.uit — by the Landlord, ih. 
 
 Notice to duit — by the Tenant . ib. 
 
 Notice to Q,uit by Landlord on Non- 
 payment of Rent . . . tfri 
 
 Notice to Cluit the Premises, or Pay 
 Double Rent . . . • ti. 
 
RELATION 
 
 BETWEEN 
 
 LANDLORD AND TENANT. 
 
 The relation between Landlord and Tenant exists wherever 
 there is a contract for the possession and profits of lands, or ten- 
 ements, for a determinate period, on the one side ; and a re- 
 compense by payment of rent, or some reciprocal consideration, 
 on the other. 
 
 The contract is called a Lease or Demise; and is a species of 
 conveyance to a person either for one thousand, one hundred, 
 ten, or any other number of years, months or days. Any words 
 are sufficient which explain the intents of the parties ; and whe- 
 ther such words run in the form of a license, covenant, or agree- 
 ment, they will, in construction of the law, amount to a lease as 
 effectually as if the most proper and pertinent words had been 
 used for the purpose. 
 
 A TENANCY FRO]V[ YEAR TO YEAR 
 
 Occurs where the premises are let without any limitation as 
 to the time the tenant is to occupy them. This species of es- 
 tate, in olden times, was called a tenancy at will, from the fact 
 that it might be put an end to at any time by either party. 
 The inconvenience and injustice of suffering the estate to be de- 
 termined at the will of either party, early induced the courts to 
 decide that, where an annual rent is reserved, though no certain 
 term is agreed on, the estate shall be construed to be a tenancy 
 from year to year ; and that each party is bound to give reason- 
 able notice of an intention to terminate the tenancy. If the 
 tenant be placed on the premises, without any terms prescribed, 
 or rent reserved, and as a mere occupier, he is strictly a tenant 
 at will. 
 
 Six months'' notice on either side, and ending at the expira- 
 tion of the year, is necessary, by the common law, to determine 
 a tenancy from year to year. This rule of six months' notice 
 prevails in many of the States, and in others the courts require 
 L as T 1 
 
6 A TENANCY AT WILL. 
 
 reasonable notice to be given. Nearly all the States now have 
 statutes regulating the time of notice, and landlords and tenants 
 must refer to the statutes of their respective States for the rule. 
 [The statutes of the several States are to be found in the last 
 part of this vpork.] 
 
 In the city of New York, if lands or tenements be occupied 
 without any specified terra of duration, the occupation is deem- 
 ed valid until the first day of May next after the possession, un- 
 der the agreement, commenced ; and the rent is deemed payable 
 at the usual quarter days, if there be no special agreement to 
 the contrary. 
 
 A tenant from year to year is, of course, liable for voluntary 
 waste committed by him. And, to a certain extent, he is liable 
 for permissive waste ; for lie is bound to make ordinary tenant- 
 able repairs — such as to keep the house wind and water tight, 
 and to repair windows and doors broken by him ; but he is not 
 bound to make lasting repairs. If, however, the house be in 
 want of substantial repairs, or be otherwise unfit for occupa- 
 tion, the tenant is not bound to repair, and may quit without 
 paying rent.— 5 Carr. <^ P. 230; 7 D. <^ S. 117; 1 Mov. 4- 
 Rob. 112. 
 
 A TENANCY AT WILL 
 
 Continues, according to the old law, during the pleasure of 
 the parties. In modern times, the Courts require either party 
 desirous of terminating the tenancy, to give reasonable notice 
 of his intention. Most of the States have statutes regulating 
 the time of notice, and landlords and tenants must refer to the 
 statutes of their respective States for the rule. Where there is 
 no statute regulation, a reasonable notice must be given, as, 
 where the rent is payable quarterly, three months' notice ; if 
 monthly, one month's notice, &c. For the purpose of notice to 
 quit, a tenancy at will is treated by the Courts as a tenancy 
 from year to year ; but in every other respect it retains its cha- 
 racter of a strict tenancy at will. — 8 Cowen, 13. 
 
 Tenancies at will, found to some extent in every State, are, 
 perhaps, more numerous in Massachusetts, where, by the Re- 
 vised Statutes, all tenancies not created by written agreement 
 are declared to be mere tenancies at will. 
 
 If a person enters and enjoys lands under a lease which 
 is void, and pays rent, he is a tenant at will. 
 
 A tenancy at will may be determined by either party's giving 
 the notice required by the statutes, or, in a State where there is 
 no statute regulating the time of notice, by giving reasonable 
 notice. 
 
 There are other ways than by giving notice, by which 
 tenancies at will are determined. Thus, a tenancy at will is 
 determined by the death of the landlord or tenant, (17 Mass. 
 282) ; or by the sale of the premises by the landlord (10 Mete. 
 
A TENANCY AT SUFFERANCE. 7 
 
 233) ; SO also it would seem, upon the same principle, the leas- 
 ing the premises by a lease in writing, determines the tenancy. 
 —10 Met. 298. 
 
 When the tenancy is thus determined by death, or by the 
 sale, 01 letting by written lease, of the premises, or otherwise, 
 the tenant at will becomes a tenant at sufferance, and, as will be 
 seen below, is not entitled to any notice to quit, but may be 
 ejected forthwith. 
 
 A tenancy at will is also determined by the commission of 
 waste by the tenant. — 21 Pick. 367. 
 
 A tenant at will is not bound to make repairs, nor is he res- 
 ponsible for permissive waste. He cannot assign or underlet the 
 premises. 
 
 In Massachusetts, " where a tenant takes an estate under a 
 verbal lease, for any certain term, though he is liable to be ejected 
 during the term, upon the landlord's giving the notice required by 
 statute, yet if he actually holds during that term, no notice to 
 quit is necessary either by landlord or tenant. If the tenant 
 holds over, he is a tenant at sufferance, and the landlord may 
 enter and expel him without force, or have his remedy at law to 
 regain possession. If the term is made to depend upon a con- 
 tingent event, on the happening of the contingency the term is 
 at an end by its own limitation." — 3 Mete. 350. 
 
 A TENANT AT SUFFERANCE 
 
 Is one who comes into the possession of premises by lawful 
 title, but holds over by wrong, after the determination of his 
 interest — as where a tenant holds over without the consent of 
 the landlord , after the expiration of his lease or the term of time 
 for which he hired. 
 
 A tenant at sufferance is not entitled to any notice to quit, 
 (unless the statutes of some State require it) and can be removed 
 by the landlord at any time. 
 
 By the statutes of New York, a tenant at will and a tenant at 
 sufferanceare entitled to a month's notice to quit. It has been de- 
 cided, however, in that State, that where a tenant holds over after 
 the expiration of his term, without the permission of his land- 
 lord, he is not entitled to a month's notice to quit, he not being 
 within the meaning of the statute a tenant at sufferance. — 11 
 Wend. 616. 
 
 In Massachusetts, and in most of the other States, the com- 
 mon law doctrine that a tenant at sufferance is not entitled to 
 any .notice to quit, but may be removed forthwith, prevails ; and 
 if the statute of any Slate requires notice to be given, probably 
 the same construction would be given to it as, we have seen, was 
 given in New York. 
 
 In New York and New Jersey, and in some few of the 
 other States, tenants holding over under certain circumstances, 
 are liable to pay double rent. [See State Laws, chap. III.] 
 
8 LETTING ROOMS, STORE OR WAEEHOTTSE. 
 
 LETTING ROOMS AND APARTMENTS. 
 
 The letting of rooms or apartments. — When a man lets out 
 lodgings or apartments in a house, he impliedly leases them 
 with all their proper accompaniments, and warrants to the hirer 
 the use of all such accessional things as are necessary to enable 
 him to enjoy the principal subject-matter of the demise in the 
 manner intended. He impliedly grants to the tenant the use of 
 the door-bell, the knocker, the sky-lights or windows of the 
 staircase, and the use of the water-closets, unless it be otherwise 
 stipulated at the time of the taking of the lodgings ; and if the 
 landlord deprives him of the use of either, he forthwith subjects 
 himself to an action for a breach of contract. — (7 C. df P. 28.) 
 He impliedly covenants or promises, moreover, to keep the roof 
 of the house water tight, and the windows in a reasonable state 
 of repair, so that the lodger and his effects suffer no injury 
 from rain and exposure to the weather. 
 
 Where a person hires one or more rooms in a building, with- 
 out any stipulation in the lease by lessor or lessee, for re-build- 
 ing in case of fire or other casualty, and the building is destroyed 
 by fire, the tenancy is determined. It will be seen hereafter 
 that where he hires the whole building, and covenants to pay 
 rent, the tenancy is .not determined by the destruction of the 
 building by fire. (See page 25.) — 11 Mete. 44S. 
 
 If a man furnishes a dwelling house or an apartment in a 
 house, and offer it to be let ready furnished, he impliedly holds 
 it out as fit for immediate habitation and use ; and if the furni- 
 ture is unfit for use, or the house is incumbered with a nuisance 
 of so serious a nature as to deprive the tenant of all beneficial en- 
 joyment of it, the latter is entitled to throw up both house and 
 furniture, and bring an action against the landlord for a breach 
 of contract. — Thus, where the beds of a ready furnished house 
 were so infested and overrun with bugs that they could not be 
 slept in, it was held that the tenant was justified in leaving the 
 house and resisting the landlord's demand for rent. — 11 M. 4" 
 W.5. 
 
 LETTING OF A STORE OR WAREHOUSE. 
 
 A contract for the letting and hiring of a store, or place 
 of deposit in a warehouse, would seem to be a contract analo- 
 gous to the letting and hiring of an apartment in a house for the 
 occupation of a tenant or lodger. I am not aware of any 
 decisions upon the subject of the landlord's liability to keep the 
 roof and walls of a building tight where he has let difierent 
 apartments of it for stores ; but my opinion is that the landlord 
 must keep the roof tight, and that if he fails to use reasonable 
 diligence in this respect, he will be liable for the damage occa- 
 sioned thereby. An entirely opposite doctrine prevails where the 
 tenant hires the whole building; and as the same rule may 
 be held by the courts to apply to the tenants of rooms, I would 
 
REPAIRS WATER WASTE. 9 
 
 advise all persons hiring rooms or stores to have covenants insert- 
 ed in their leases to the effect, " that the landlord shall keep the 
 premises in repair, and that if they become untenantable from any 
 cause other than the wrongful act of the tenant, the tenant Tnay 
 leave unless the landlord, upon notice, forthwith repairs the prem- 
 ises,'" and also, " that any damage occasioned by want of repairs 
 shall be paid by the landlord." 
 
 REPAIRS. 
 
 The subject of repairs is of much interest to both landlord 
 and tenant. It is a fruitful source of difficulty and dissension, 
 oviring to the ignorance and misconception of the parties re- 
 specting their rights and liabilities. So much of this subject as 
 relates to tenancies at will, and from year to year, and to 
 the hiring of rooms or apartments, has already been considered 
 in examining the nature of those tenancies ; the subject, however, 
 will be very fully treated hereafter, with particular reference to 
 tenancies created by written leases, and some covenants designed 
 to protect the tenant from all trouble and difficulty, in case at any 
 tim£ during tlie term the premises get out of repair, will be 
 given. [See pp. 39 to 44.] 
 
 WATER. 
 The subject of water is also another source of difficulty. The 
 matter is fully treated in this work, and covenants are given, de- 
 signed to protect the tenant against loss, provided he is com- 
 pelled to buy water for use. [See pp. 44, 45.] 
 
 WASTES— VOLUNTARY OR PERMISSIVE. 
 
 Voluntary waste is an act of injury done to the premises, as 
 tearing down, defacing, or doing other injury to the house ; 
 cutting down and injuring fruit-trees, &c. Permissive waste 
 consists in suffering the premises to go to decay from the want 
 of ordinary repairs. 
 
 Alterations in a tenement become waste, as by converting two 
 chambers into one ; so cutting timber unnecessarily, or changing 
 one species of land into another is waste. 
 
 All tenants are liable for the commission of voluntary waste. 
 All tenants, excepting tenants at will and sufferance, are liable, 
 to a greater or less extent, for permissive waste. The liability 
 of tenants for permissive waste, or, in other words, the duty of 
 tenants to make repairs, will be hereafter considered. 
 
 MISCELLANEOUS. 
 
 An agreement for a lease creates a tenancy, where the tenant 
 is let into possession under it, and pays rent for it to the lessor, 
 unless there be something in the agreement which shows the in- 
 tentions of the parties to have been clearly otherwise. 
 
 L & T 1* 
 
10 EIGHTS AND LIABILITIES OF LANDLORD. 
 
 The contract of lease may be expressed verbally or in writing. 
 If verbally, it has only the force and effect of a tenancy at will. 
 If in vyriting, it must be subscribed by the party making it, or 
 his authorized agent.* 
 
 Upon the making of a lease the landlord still retains rights 
 over the property, although he has parted vpith the possession ; 
 while, on the other hand, the tenant assumes certain obligations. 
 
 During the lease the house is the property of the tenant. 4 
 Black. Com. 222 ; Fost. 115. 
 
 The landlord always retains the right, as against his tenant, 
 to go upon the premises peaceably, for the purpose of examining 
 what waste or injury has been committed by the tenant, or other 
 person, also to demand rent, make necessary repairs, or remove 
 obstructions. 
 
 It is not necessary that the lessor be in possession of the pre- 
 mises, if he have the undisputed right to them. 
 
 If anything is left optional in a lease, and in all cases of doubt 
 the tenant is most favored by the law, on the principle that the 
 landlord, in granting the lease, has the power to take care 
 of himself. 
 
 If a farm be let to a tenant without any stipulation how he is 
 to manage it, the law implies a promise on his part, that he will 
 cultivate and manage it in a good and husband-like manner, and 
 according to the custom of the country. So, also, a contract 
 will be implied, that a tenant will use a house and fixtures in a 
 tenant-like manner. 
 
 In case an injury is done to the premises by a stranger, 
 of such a nature as affects his reversion, the landlord may have 
 an action against him for damages. So, if any one interferes 
 with his tenants, and disturbs their enjoyment. 
 
 The landlord is not bound by the tenant's wrongful acts, or 
 liable for his negligence ; nor is he answerable for a nuisance 
 erected on the premises by the tenant ; but if he renews the 
 lease, or grants another with the nuisance upon it, he becomes 
 liable after such renewal ; for he ought not to let the premises 
 with a nuisance. 
 
 Where, under a verbal promise of a lease for years, improve- 
 ments are made on the lands, and the lease is not executed, the 
 tenant is entitled to the value of the improvements. 
 
 It is a general rule, that an entire contract cannot be appor- 
 tioned: — Therefore, if a landlord accept the surrender of a ten- 
 ancy in the middle of a quarter, without any new agreement 
 as to an apportionment of the quarter's rent, he cannot recover 
 any part of it. And so, where a tenant is evicted by his land- 
 lord from part of the premises, let at an entire rent, such 
 eviction will afford a complete defence to an action for the use 
 and occupation of those premises. Chitty, 632. 
 
 * In some Slates the Statute Law requires that the lease should be witnessed 
 acknowledged and recorded. See page IS, and Chapter III. 
 
THE COMMON LAW 
 
 REI.ATIWG TO 
 
 LANDLORD AND TENANT. 
 
 [The Common Law prevails in all the States, except Louisiana, and 
 should be consulted in all cases, — in some instances, however, its 
 principles are controlled by State Laws.vfhich see in Chapter IIL] 
 
 CHAPTER I. 
 The Tenancy how Ckeated. 
 
 A tenancy may be created by a lease, under seal ; ver- 
 bally, by word of mouth ; or by writing, not under seal ; 
 or by operation of law. 
 
 Tenancy by Agreement. 
 
 If an instrument professing to be an agreement for a 
 lease, is in itself a transfer of possession, whether imme- 
 diate or in future, it is a lease, though it contain a sti- 
 pulation for executing a regular lease under seal. But if 
 the words do not import immediate possession, or some 
 act is to be done prior to the entry of the tenant, the in- 
 ference will be that the instrument was not intended to 
 be a lease, but only an executory contract.* 
 
 By a lease the lessee acquires an interest in the demised 
 premises immediately on its execution; and upon his entry 
 thereon the term is fully vested in him. — 7 Car. & P. 360. 
 
 * In writing letters in relation to making or negotiating a lease, it would be 
 well to mention, " that theprcposal is notjinalj" otherwise the terms offered may 
 be accepted, and the party find himself bound by an agreement, when he did 
 not intend it. In wliatever terms an agreement is conceived, it will be proper 
 to restrain its operation by adding: — '''^And laslly,it is hereby declared, that 
 this agreement shall not operate, or be deemed, or held to operate, as an actual 
 or present demise of the said premises, hereby agreed to be leased, or to give 
 the said C. D. any legal interest in the same premises until an indenture of 
 lease shall be actually executed." 
 
 The question, whether an agreement operates as a present lease or as an ex- 
 ecutory contract; or, in other words, as a present lease, or as an agreement for 
 a future lease, has occasioned much litigation. 
 
12 THE COMMON LAW OF 
 
 By an agreement for a lease he acquires no legal in- 
 terest in the terra, or in the land demised. 
 
 There is no particular form required for an agreement 
 for a lease. Any memorandum of a contract, signed by 
 the parties, by which one agrees to let, and the other to 
 take the premises intended to be demised, describing 
 them shortly, and stating the rent and term, and from 
 what time the latter shall commence, is sufficient. It is 
 advisable, however, to insert in it, fully and explicitly, not 
 only the terms generally of the holding, but all the cove- 
 nants which are to be contained in the intended lease, that 
 there may be no misunderstanding or dispute about them 
 afterwards. If the agreement contain no stipulation on 
 the subject of covenants, the tenant may object to any 
 lease afterwards tendered to him, which contains any other 
 than usual covenants. 
 
 A verbal agreement to grant a lease will be enforced 
 in equity, though it may be void by statute, if there be 
 evidence of a substantial part-performance, such as pos- 
 session being delivered, or if the tenant be at expense in 
 building or improving according to agreement, though 
 signed by one party only. 
 
 An agreement containing no words of present yielding 
 up, and nothing to show when the interest was to con- 
 mence or determine — or containing an express stipula- 
 tion that it shall not be deemed or taken to be a lease — 
 is not a lease. But if there are words of present yielding 
 up, without any thing to indicate that the parties contem- 
 plate a further assurance, it is a lease. 
 
 Tenancy by Implication. 
 
 Where there is merely an agreement for a lease, and 
 the intended lessee is let into possession under it, and 
 pays rent for it to the lessor, a tenancy is impliedly 
 created ; unless there be something in the agreement, 
 which shows the intention of the parties to have been 
 clearly otherwise. Even where the amount of the rent 
 was not mentioned in the agreement, but the tenant paid 
 a certain rent, it was holden that an implied tenancy 
 was thereby created. 3 Bing. 861. But where no rent 
 has been paid, nor any thing done which is equivalent to 
 it, tenancy cannot be implied. 3 B. & A. 326. 
 
 Where a tenant is in possession under a void lease, for 
 
LANDLORD AND TENANT. 13 
 
 a term, and pays rent, a tenancy is thereby impliedly cre- 
 ated. 8 T. R. 3. 
 
 Where a lease granted by a tenant for life, is put an 
 end to by his death, but the remainderman afterwards re- 
 ceives rent from the tenant, this impliedly creates a ten- 
 ancy, and the remainderman cannot put an end to it 
 without giving a notice to quit. 7 T. R. 83. 
 
 A person in possession of land, under a contract with the 
 owner for the purchase, is a tenant at will. — 12 Mass. 325 
 
 Tenancy by Holding over the Term. 
 
 If a landlord consents to the tenant's holding over up- 
 on the expiration of his lease, he holds on the former 
 terras ; it being understood that the parties have renewed 
 their contract for another month, quarter, or year, as the 
 case may be. 
 
 If a tenant holds over without the consent of the land- 
 lord, he becomes a tenant by sufferance, and the landlord 
 may peaceably remove him and his goods, and the tenant 
 not be entitled to resist. 
 
 If the tenant, on account of sickness, obtain the con- 
 sent of the landlord to hold over until well, the landlord 
 can demand rent only for the time he occupies. 
 
 Joint Tenants, or Tenants in Common. 
 
 Tenants in common are where more than one person 
 holds some estate in one piece of land, either under a 
 landlord, or as owners of the soil. It need not be de- 
 rived from the same person, nor held by the same title, 
 nor in the same proportion. By the Ohio statute, and 
 we presume by the law of all the states, a person has a 
 right to demand a partition of the estate, by which his 
 part will be set off to him. 
 
 Joint tenants, tenants in common, and coparcerners, 
 may grant leases foryears or at will of their respective in- 
 terests, or they may join and 'convey their whole interest.* 
 
 * Co-tenants are equally bound to repair, or support a partition wall, fence, 
 common well, privy, &c. If one party refuse to join, the other may^ after 
 giving him reasonable notice, do it himself, and charge his co-tenant with his 
 proportion of the expense. 
 
 If a tree grows in a hedge dividing the land of two persons, with roots ex- 
 tending into the land of each, they are tenants tn common of the tree : but if 
 it stands on my side of the line, my neighbour may have a right to cutaway 
 tlie branches, or the roots on his side, unless of twenty years growth, but he 
 has no right to convert either the branches or the fruit to his own use. No 
 person has a right to build or plant anything which shall overhang another's 
 land. 
 
14 the common law of 
 
 Lease. 
 
 [See Forms of Leases, from pages 115 to 124.] 
 
 A lease is properly a conveyance, (usually in writing, 
 if for one year or more, and under seal,) of lands, tene- 
 ments, or other things (in consideration of rent or other 
 recompense,) made for life, or years, or at will, but al- 
 ways for a less time than the lessor has in the premises. 
 Leases may endure so long as the interest of the lessor, but 
 no longer. Two copies of the lease should be made, one of 
 which is retained by the landlord, the other by the tenant. 
 
 The lease should be delivered by the parties, or by some 
 authorized agent. 
 
 A covenant to renew the lease implies another lease 
 for the same term and rent, but not with all the coven- 
 ants contained in the former lease, such covenants being 
 incidental, and not essential parts of the lease. 
 
 A covenant, to renew upon such terms as might be 
 agreed upon, is void for uncertainty. 
 
 A lease from the first day of July of one year, to the first 
 day of July in the succeeding year, excludes the first day. 
 But proof of a local custom, that a lease in those terms 
 expires at noon of the last day, is admissible. 
 
 Every lease must, either on its face, or by words of 
 reference, give to the subject intended to be conveyed, 
 such a description as to identify it. 
 
 If a party enters into possession without any agreement, 
 it is understood, in some states, to be a taking from year 
 to year ; in others, as tenant at will. 
 
 If it be intended that the tenant shall pay taxes, or 
 assessments, re-build the premises in case of fire, or keep 
 them insured, or that he shall not underlet or assign with- 
 out the landlord's consent, it should be so stated in the 
 lease; because these things cannot be insisted upon unless 
 bargained for. 
 
 A tenant for life can make a lease for his own life only. 
 
 Tenants in dower, or by the curtesy, are mere tenants 
 for life, and their leases determine with their lives. 
 
 A tenant for a term of years may make an under- 
 lease of all or any part of the premises leased to him, pro- 
 vided his underlease be for a shorter term than his own. 
 He must reserve to himself, however, a reversion of some 
 portion of his terra, even if it be only a day, otherwise the 
 instrument will be an assignment. 
 
LANDLORD AND TENANT. 15 
 
 But a tenant at will or sufferance cannot make a lease. 
 There can be no such thing as an under-tenant to a 
 tenant at will. 
 
 An under-tenant of real estate has a right to pursue 
 thereon any lawful business, which is not prohibited by 
 the lease to his lessor, nor by that to himself, and which 
 is not injurious to the premises. 
 
 If a tenant pay to one of two landlords his share of 
 rent justly due, the other landlord may maintain an action 
 for his share. 
 
 Where a lessee underlets the premises for a part of the 
 term, the original lessor cannot recover rent of the under- 
 tenant. 
 
 By whom Lease may be Made. 
 
 Leases can be made by all persons legally capable of 
 contracting, who have a present interest in the premises, 
 and are in peaceable possession. 
 
 If there are several owners, having a common interest, 
 they must all join in making a lease ; or it may be made 
 by their authorized agent. 
 
 An idiot or insane person cannot make a lease.* 
 
 A person under twenty-one years of age cannot make 
 a lease, unless it be evidently for his benefit. If not for 
 his benefit, although not actually void on that account, it 
 is voidable by him on coming of age, and if sued 
 upon it, he may plead infancy ; but if he make a lease 
 rendering rent, it will bind the adult party until the minor 
 chooses to avoid it. On the other hand, on coming of 
 age he may confirm a lease made by him during his infancy. 
 
 A married woman cannot make a lease. The husband, 
 having sole dominion over her property during his life, 
 can make a lease in her right, without her joining in it; 
 but such a lease is binding on her only during the life oi 
 her husband, for after his death, the widow, although she 
 may have joined in the lease, may confirm or avoid it.t 
 
 * II has also been decided, Ihal a lease obtained from a person in an extreme 
 state of intoxication, is voidable by himunlessheassents toit whenhe becomes 
 sober. 
 
 t The Revised Statutes of Nevr York, declare that if a wife resides out of 
 the state, she may unite with her husband, and convey any of her real estate 
 Stituated within that state. 
 
 The right of a married woman (under certain conditions, with the consent 
 of her husband) to make conveyances, or leases of her real estate is understood 
 to prevail generally throughout the United Stales. — 3 Pick. 521 . 
 
16 THE COMMON LAW OF 
 
 To WHOM THE Lease may be Made. 
 
 All persons whatsoever, even idiots, infants, and mar- 
 ried women, may be lessees. If they labor under any 
 disability at the time of the making of the lease they may, 
 upon the removal of the disability, avoid such lease; but 
 if they continue to occupy the thing demised after the re- 
 moval of the disability, the lease thereby becomes good 
 and binding upon them. — 3 Cruise, 79, 85. 
 
 Leases may be made by Power op Attorney. 
 
 A power of making leases for a longer term than the 
 party would otherwise have authority by law to grant, is 
 frequently given in settlements and wills, lo those to whom 
 an estate merely for life is thereby given, to enable them 
 to let the lands, &c., beneficially, as well for themselves 
 as for those who come into possession after them ; but lest 
 tenants for life should exert those powers to the injury of 
 the persons in remainder or reversion, they are in general 
 restrained by the words of the power from making leases, 
 except on certain conditions. Every circumstance re- 
 quired by the power must be strictly followed, otherwise 
 the lease will be void, and the power be deemed to be 
 wholly unexecuted. The restrictions usually annexed to 
 leasing powers relate — 
 
 1. To the instrument by which the power is to be 
 executed. 
 
 2. To the lands to be let. 
 
 3. To the time when the lease is to commence. 
 
 4. To its duration. 
 
 5. To the rent to be reserved. 
 
 6. To the clause and covenants required to be inserted. 
 Executors and administrators may make a lease, if the 
 
 deceased was possessed of an estate for a term of years, 
 in the same manner as the testator, or intestate, might 
 have done ; and an executor may do this before probate. 
 If there be two or more executors, a lease by one of them 
 will be as valid as if it were made by all. 
 
 A mortgagor in possession cannot make a lease of the 
 mortgaged property, so as to bind his mortgagee, unless 
 he have authority, express or implied, from the mortgagee, 
 to do so ; but such a lease will be good as between the 
 parties. On the other hand, the mortgagee, although in 
 
LANDLORD AND TENANT. 17 
 
 possession, cannot make a lease so as to bind the mort- 
 gagor, if he should afterwards redeem the property.* 
 
 When it is necessary to make a lease of mortgaged 
 property, both mortgagor and mortgagee should join. 
 
 Entry of Lessee. 
 
 The lease of itself vests in the lessee no estate whatever 
 in the demised premises — it merely gives him a right to 
 enter upon, and take possession of them; so that, to com- 
 plete the title of the lessee, he must actually enter upon 
 the demised premises. Before entry, he is bound by his 
 contract, and must perform all the covenants in his lease. 
 
 Where the term is to commence at some future time, 
 the lessee cannot enter before that time. But having le- 
 gally entered, he is entitled to hold the premises, not only 
 against strangers, but also against the lessor, and all per- 
 sons claiming title under him. 
 
 Names of Parties to a Lease. 
 If a lease is made by an agent, or attorney, it should 
 run in the name of the principal, and not of the agent. 
 
 Consideration. 
 Some good or valuable consideration must also appear 
 in the lease. Natural affection is a good consideration. 
 
 The Date of a Lease. 
 The date of the instrument is not absolutely necessary, 
 as the term will be taken to begin from the delivery of the 
 deed, unless some particular time for its commencement 
 is therein specified. 
 
 The Form of Seal. 
 
 There should be a seal of wax, wafer, or other tenacious 
 substance, capable of being impressed, for each signature 
 of a party to a lease, whenever a seal is required. In 
 some of the Southern and Western States a circle or scroll 
 of ink made with a pen will answer for a seal. 
 
 In Virginia and Alabama, there must be evidence of 
 an intention to substitute the scroll for a seal. 
 
 * A mortgagor in possession, accordingto English law, is regarded as a tenant 
 at will lo the mortgagee, who may enter upon the mortgagor at any time 
 even before default of payment of the mortgage money, and eject him, unless 
 otherwise provided in the mortgage; and this doctrine, according to Chancel- 
 lor Kent, prevails very extensively in the U. S. In New York the Revised 
 Statutes have abolished the action of ejectment by a mortgagee. ■ 
 
 2 
 
18 the common law of 
 
 Witnesses to the Execution. 
 
 In executing a verbal lease no witness is necessary; 
 but in a lease by deed, two attesting witnesses are requisite 
 in New Hampshire, Vermont, Rhode Island, Connecticut, 
 Ohio, Michigan, Illinois, Indiana, Delaware, Tennessee, 
 South Carolina, and Georgia. 
 
 In New York a lease for three years or more, or for 
 life, must be recorded ; and if not acknowledged previously 
 to its delivery, its execution and delivery shall be attested 
 by at least one witness. 
 
 In Massachusetts, a lease for seven years or more, may 
 be executed in the presence of at least one witness, but 
 must be acknowledged and recorded.* 
 
 • Usual Covenants in a Lease. 
 
 [See, also, Special Covenams on pages 39 to 44, 121 and 192,] 
 
 No particular form of words is requisite to make a 
 covenant. The words " provided" and " agreed" make 
 a covenant. The words " covenant, grant, and agree," 
 will operate as a lease. 
 
 The words covenant, and agreement, signify the same 
 thing, as engagements to do, and not to do. If it is an 
 engagement under seal, then it is technically a covenant. 
 Covenants are of two kinds, express and implied. An 
 express covenant is one expressed in positive words; an 
 implied covenant is such an obligation as the law intends, 
 incident to the nature of the contract. In New York 
 implied covenants are abolished, and it therefore becomes 
 necessary to mention particulars. 
 
 The Lessee covenants to pay rent. — In practice the 
 lease always contains a covenant by the lessee to -pay the 
 rent. But the like covenant may be implied from the 
 words in the reservation, " yielding and paying," &c. 
 By this covenant, the lessee is liable for the rent during 
 the whole of the term, even although he assigns his inter- 
 est to another ; if an action be brought against him for it, 
 he cannot even plead a tender of the rent by the assignee. 
 
 To pay or cause to be paid all .taxes. — The tenant 
 sometimes covenants to pay all taxes, assessments and 
 impositions whatsoever. 
 
 To repair. — Leases of houses or other buildings usually 
 contain a covenant on the part of the lessee to keep the 
 
 * It is often less difficult to prove the liandwriting of tho parlies, than to find 
 the witnesses, but an acknowledgment of the lease can be read in evidence. 
 
LANDLORD AND TENANT. 19 
 
 premises in good and tenantable repair during the con- 
 tinuance of the term, and to leave them in the like state 
 of repair at the end, or other sooner determination of the 
 term. In addition to this, there is sometimes a covenant 
 by the lessee to repair within a certain time after notice 
 from the lessor, requiring him to do so. (See p. 39.) 
 
 Not to commit waste. — A covenant to this effect is often 
 introduced into leases of farms, and sometimes into leases 
 of houses. It is generally construed to mean such waste 
 only as may be injurious to the reversion. 
 
 Not to assign or underlet, ^c. — A covenant by the 
 lessee not to assign his term to another is very usual in 
 leases, as well of farms, as of houses. But the landlord 
 by such assignment acquires an additional security for his 
 rent and the performance of covenants, having the same 
 remedies against an assignee that he would have against 
 his lessee, and retaining still his remedies against his 
 lessee. 
 
 A covenant restraining the assignment of a lease only, 
 will not prevent an under-letting. Thus, where a tenant 
 covenanted that he would not assign, transfer, set over, 
 or otherwise part with the indenture, or the premises 
 thereby leased, or any part thereof, it was held that he 
 might, nevertheless, underlet them. — (17 John. 66; 15 
 lb. 276.) If, however, he covenants not to let or assign 
 over the premises, he cannot underlet. — 1 M. &, S. 297. 
 
 The usual covenants against assignment, &c., are only 
 broken by the voluntary assignment of the premises by 
 the lessee ; where, therefore, they are sold under a judg- 
 ment and execution against the lessee, there is no breach 
 of the covenant, unless there has been fraud or collusion 
 on the part-of the lessee. — (15 John. 278.) So, an as- 
 signment under the Insolvent or Bankrupt Act, would 
 not amount to a breach of the covenant. 
 
 The landlord may, however, protect himself against 
 assignments by operation of law, by inserting after the 
 usual covenant kgaiast assigning and underletting, a 
 clause to the effect that the tenancy shall be determined 
 upon its being taken upon an execution, or upon its 
 passing out of the tenant's (giving his name) hands, either 
 by his own acts or by operation of law. 
 
 The usual covenant, " not to assign or underlet," has 
 merely the effect of subjecting the lessee to an action for 
 
20 THE COMMON LAW OF 
 
 damages, if he violate it. But a condition against it 
 would enable the lessor to re-enter and avoid the lease. 
 
 Not to carry on a particular trade, ^c — A very ordi- 
 nary covenant on the part of the lessee, in leases of houses, 
 is, that he shall not carry on any trade, or any particular 
 trade specified, or allow of the same to be carried on, in 
 the house demised, without the license of the lessor. 
 
 To surrender at the end of the term. — The lessee 
 covenants, that he will on the last day of the term peace- 
 ably yield up to the lessor the premises, &c., in good 
 tenantable repair, reasonable wearing and use thereof, 
 and damage by fire or other casualties excepted. 
 
 As to the management of farms. — In leases of farms, 
 there are usually a number of covenants upon the part of 
 the lessee introduced, as to the manner in which the farm 
 is to be managed, the course of cropping, the expenditure, 
 upon the farm of the manure, hay, straw, &c. made upon 
 it, or that if hay or straw be removed, a certain quantity 
 of manure, in proportion to it, shall be brought upon the 
 farm, and the like. These, of course, must vary very 
 much, in different states, according to the course of hus- 
 bandry adopted in them. 
 
 Usual covenants. — In agreements for leases, and in 
 powers of leasing, it is very often stipulated that the lease, 
 when prepared, shall contain all usual and customarj' co- 
 venants. What are to be deemed usual covenants then 
 becomes a question, and very often depends upon the 
 custom or usage in that respect in the county or neigh- 
 borhood where the premises are situate, often upon the 
 nature of the property itself. What are usual covenants, 
 is a question of fact, not of law. 
 
 The tenant usually covenants — To pay rent; to pay 
 taxes; to allow lessor to enter and view state of premises, 
 and that lessee will repair according to notice ; that the 
 lessee will not use premises as a shop, or for an offensive 
 trade; or assign, or underlet, without consent of lessor; 
 that he will leave premises in good repair, reasonable wear 
 and tear and damage by fire and other casualties excepted ; 
 that the lessor may enter on the premises on non-payment 
 of rent, or non-performance of covenants, — And theland- 
 lord covenants. That he will repair; that there are no in- 
 cumbrances ; and that on performance of the covenants. 
 
LANDLORD AND TENANT. 21 
 
 the lessee may keep possession of the premises for the 
 time granted. 
 
 Implied covenants* — A covenant by the lessee to pay 
 rent, may be implied from the words, " yielding and pay- 
 ing," &c. — 2 Ro. Rep. 399. 
 
 The landlord covenants to indemnify against incumbran- 
 ces. — The tenant should require of the landlord a cove- 
 nant that, during the term, he shall enjoy the premises 
 free from all incumbrances. A tenant may at any time 
 be dispossessed of the premises by some incumbrance of 
 which he had no knowledge. 
 
 Rents to cease in case of fire or other casualty. — In case 
 the premises or any part thereof shall, during the term, be 
 destroyed by fire, or other unavoidable casualty, the lessor 
 shall forthwith proceed to rebuild and repair the same in 
 as good condition as the premises were in before such 
 fire, and in the mean time, and until said premises are 
 rebuilt and put in good and tenantable order, the rent, or 
 a just and proportional part thereof, shall be suspended. 
 
 Covenant for quiet enjoyment by the Landlord. — That 
 the tenant, if he perform the covenants on his part to be 
 performed, shall peaceably hold and enjoy the premises 
 during the continuance of the term, without hindrance or 
 interruption by the lessor, or of any other person or per- 
 sons whomsoever. 
 
 To pay taxes and assessments. — In some leases the 
 tenant is required to pay all the taxes and assessments ; 
 but if the lease is silent on the subject, the law imposes 
 this obligation on the landlord. 
 
 The general rule is, that if a statute direct a tenant to 
 pay a tax in the first instance, and then deduct it from 
 his rent, he must deduct it from the next payment he 
 makes for rent. 
 
 Words usually made use op in a Lease. 
 
 The words usually made use of in a lease are, " demise, 
 lease, and to farm let," but any other words which are 
 sufficient to explain the intent of the parties, that the one 
 shall divest himself of the possession, and the other come 
 
 * In a deed containuig express covenanls, there may also be implied coven- 
 ants not contradictory to those expressed. — 7 Mass. 68. 
 
 2* 
 
22 THE COMMON LAW OF 
 
 into it for a determinate time, are sufficient, whether such 
 words run in the form of a covenant, license, or agree- 
 ment ; they will, in construction of law, amount to a lease. 
 Thus, a license to enjoy or inhabit a house, has been 
 deemed a demise of it, but no words that merely indicate 
 an intention of the parties at some future time to let the 
 premises, will constitute a lease ; and if the instrument 
 contain an express stipulation, that it shall not be deemed, 
 or taken to be a lease, it is clear that it must be consider- 
 ed an agreement only. But the words used must be of 
 present demise. 
 
 Commencement op the Term. 
 
 The time at which the term is to commence must be 
 stated, otherwise it cannot be known when the rent is to 
 become due. If there are no writings, the tenancy com- 
 mences from the day the tenant enters into possession. 
 
 Continuance of the Term. 
 
 The same certainty is necessary as to the extent and 
 duration of a lease as for its commencement.* 
 
 The continuance of the term in a lease for years must 
 be ascertained with certainty, either by the express limit- 
 ation of the parties themselves, at the time the lease is 
 made, or by reference to some collateral act, which may, 
 with equal certainty, measure the continuance of it, other- 
 wise it is void. — Plowd. 271. 
 
 A lease for a certain term may be good, although it be 
 stipulated that it shall determine at an earlier period, upon 
 the happening of a certain event. 
 
 A lease for a certain number of years/rom a certain day, 
 for instance, the 25th May, is not determined until the 
 expiration of the 25th May in the last year of the tenancy, 
 — unless there is proof of a local custom to the contrary. 
 
 It is not necessary that the continuance of the term 
 should be stated in years ; a lease for one hundred thou- 
 sand days, or for a certain number of months, would be 
 good and valid. 
 
 A lease for life is for the life either of the lessor or 
 lessee, or of some third person. 
 
 * A lease for years ought to have certainty in its limitations, -viz., in the 
 eommencetnent of the term, in the continuance of it, and in the end of it. So 
 all these ought to be known at the commencement of the lease, and words in 
 the lease wnich do not make this appear are but babble.— Plowd. 272. 
 
LANDLORD AND TENANT. 23 
 
 If the lease does not state for whose life, it will be pre- 
 sumed to be for the life of the lessee. 
 
 A lease for three, five, or seven years, as the lessee shall 
 think proper, is, in the first instance, a lease for three years ; 
 and if the lessee continue to hold after that, it is a lease 
 (or five; and if the lessee still continue, it is a lease for 
 seven. If the lease omit to mention at whose option it 
 may be determined, the power of deciding whether it is to 
 be for the shorter or the longer term, is in the lessee alone. 
 
 A lease from year to year, that is to say, for a year, and 
 so on, from year to year so long as both parties shall 
 please, is a lease for two years certain, unless notice to 
 quit be given on the day of the execution of the lease; 
 and if it be not determined at the end of the second year, 
 by a notice to quit previously given, it is good for the 
 third year, and so from year to year, until determined by 
 either party, by notice,* or until some event happen which, 
 in contemplation of law, will destroy it. — Cro. El. 775; 
 4 Doug. 213. 
 
 Taxes. 
 
 All taxes and public charges must be paid by the land- 
 lord unless there is an express agreement in the lease 
 that the tenant shall pay them. 
 
 The Parcels. 
 
 A leace should describe the premises demised, with 
 certainty, in order to avoid dispute or litigation afterward. 
 A demise, however, of a farm, stating its name and where 
 situate, will pass to the lessee all the land, buildings, &c. 
 constituting the farm at the time of the making of the 
 lease; and the number and identity of the parcels, if 
 doubted or disputed, at any time afterwards, may be es- 
 tablished by evidence of what constituted the farm, &c. 
 
 " Where a lease was made of certain houses, together 
 with a piece of ground which formed part of an adjoining 
 yard, together with all ways which the said premises, or 
 any part thereof, theretofore used or enjoyed ; and at the 
 time of the making of the lease the whole of the yard was 
 in the occupation of one person, who had always used and 
 enjoyed a certain way by a gateway from the street to every 
 part of the yard ; it was holden that the lessee was entitled 
 
 * This is an important fact, and probably is not generally known. 
 
24 THE COMMON LAW OF 
 
 to the same right of way to that part of the yard let to him." 
 — If a lease expressly refer to the parcels in a former 
 lease, and purport to demise the same, the lessor will be 
 bound by it, although part of the parcels had in fact been 
 separated from the premises between the making of the 
 one lease and of the other. — 4 Jurist, 941. 
 
 Reservation of Rent. 
 
 Rent is a certain profit to the Landlord arising from 
 the thing let, and not any matter that is part and parcel of it. 
 It is not necessary that the rent should consist of money; 
 corn, horses, &c., may be rendered by way of rent; also, 
 labor by the lessee, his servants, cattle, &c. 
 
 The rent reserved must be certain ; the amount must 
 either be expressly stated, or be such as by reference to 
 something else, "can be certainly ascertained. — Co. Lit. 96. 
 
 Rent is usually made payable weekly, monthly, quar- 
 terly, or yearly, or it may be every two or three years, as 
 the parties may choose to contract. If the rent is paya- 
 ble yearly, the lessor cannot demand it half-yearly, or 
 quarterly. Latch, 264; Lutw. 23L 
 
 A receipt for rent due on a certain day, is strong pre- 
 sumptive evidence that all rent previously due has been 
 regularly discharged. 
 
 If a tenant covenants to pay rent in advance, he may pay 
 it at any time during the day on which it is made payable. 
 
 The rent must be reserved to the lessor, his heirs and 
 assigns, or to the lessor, his executors, administrators and 
 assigns. It cannot be reserved to a stranger. — Co. Lit. 47. 
 
 The reservation maybe made in any form of words that 
 express or imply that a return of something that was not 
 in the lessor before is to be made instead of the thing let. 
 
 Guaranty for Payment of Rent. 
 
 A house was leased " to hold for the term of one year, 
 the lessee paying therefor " a certain rent per annum, 
 " and after the same rate for a shorter period of time." 
 The lessee covenants " to pay said rent quarterly, &c., 
 and to pay the rent as above stated, and for such further 
 time as the lessee shall hold the same." The defendant 
 signed the following writing on the back of the lease : 
 " In consideration of one dollar, I guaranty the fulfil- 
 ment of the covenants of the lessee as within expressed." 
 
LANDLOKD AND TENANT. 25 
 
 Held, that lessee's covenants extended beyond the year, 
 if he should occupy longer ; and defendant was bound to 
 the same extent, and was liable for several quarters' rent 
 after the end of the year, although not notified of non- 
 payment, no damage being proved by want of such notice. 
 12 Pick. 416. (See Guarantees pages 116, 117, 119.) 
 
 Premises Destroyed by Fjre, or other Casualty. 
 
 It is a well settled rule of the common law of England, 
 that upon an express contract to pay rent, the loss of the 
 premises by fire, or inundation or external violence, will 
 not exempt the party from his obligation to pay rent. The 
 same rule prevails equally in this country, in the case of 
 an express covenant to pay rent.* 
 
 "The following are statutory provisions, applicable to 
 the city of N. York, but are understood to be an enact- 
 ment of the general law. Where the whole of a lot of land, 
 or other premises under lease, is taken for city, or other 
 public improvements, the lease, upon confirmation of the 
 report of the Commissioners, becomes void; and if only 
 part of the premises is taken, the lease becomes void as to 
 the part taken, but remains valid as to the residue; and 
 in the event of closing up a street or road on which the 
 leased premises are situated, if they are no longer upon, or 
 
 * According to the principles of natural law, the law of Scotland, the Code 
 Napoleon, and the Code of Louisiana, if the whole of the premises is destroyed 
 by fire, or fortuitous events, or is taken for public purposes, the lease becomes 
 void ; but where only a part is destroyed or taken, it is void as to that part. 
 But it has been decided in New York and Massachusetts, that a lessee of 
 premises which are bumedj has no relief against an express covenant to pay 
 rent, either at law or in equity. 
 
 In case a building is destroyed by order of a magistrate, to prevent any 
 great public calamity, as well as in the event of a building being destroyed by 
 a mob, the tenant is entitled to recover damages from the public treasury, not 
 only for his interest in the building, but also for the merchandize, or other per- 
 sonal property belonging to him, which was in, and destroyed with, the 
 building. This was decided in a case arising out of the great fire which 
 occurred in New York, in December, 1S35. • 
 
 Where part of land is taken for public use, it is no extinguishment of the 
 
 The complainant leased a store for three years, in Boston, covenanting to 
 pay the rent, and leave the premises in good repair at the end of the term, and 
 the lessor reserving a right to enter and make improvements. The front part 
 of the land was taken, and the front wall of the building cut oif by the city, in 
 order to widen the street. Held, the term was not thereby ended, nor the ten- 
 ant discharged from his covenants to pay rent and repair : — 
 
 That the landlord or tenant might build the wall, and the cost was a good 
 claim for damages against the city:— ■ ,, . 
 
 That the city was liable for damages to the tenant for the loss of the use of 
 his store for the period necessary to remove his goods, make the repairs, and 
 move back, and for the diminution in the value of the premises, he continuing 
 to pay the same rent and taxes ; hut not for damages by loss of custom in con- 
 sequence of occupyinjr a less favorable place of business, while the repairs 
 were going on. — 20 Pick. 159. 
 
26 THE COMMON LAW CF 
 
 contiguous to, a public highway, the lease becomes void." 
 (See Repairs, page 39.) 
 
 Tenancy how Dissolveu. 
 
 The relation of Landlord and Tenant may be dissolved : 
 1st. By the expiration of the term of the lease. 2d. By 
 the death of the person on whose life the lease depends. 
 3d. By a breach of some covenant in the lease. 4th. By 
 keeping a house of ill-fame, or the like. 5th. Where 
 the landlord accepts another person as tenant. 6th. 
 Where the tenant is deprived by the landlord of the 
 whole or a material part of the premises.* 7th. If the 
 landlord allows the premises to be disturbed ; or part o( 
 them used as a house of ill-fame. 
 
 It has been held that a lease of a dwelling-house, under 
 seal, is determined by the delivery of the key and the receipt 
 of it by the lessor, and his endeavoring to let the house. 
 
 A lease for a term of years is not determined until the 
 last moment of the anniversary of the day from which the 
 tenant was to hold, in the last year of the tenancy. 
 
 A tenancy at will may be determined either expressly 
 or by implication. The mode of determining it expressly 
 by either party is, by a demand of possession on the part 
 of the lessor, or by an express declaration by the lessee 
 that he will hold no longer ; which declaration should 
 be by a notice in writing. In Massachusetts, and some 
 other states, notice in writing is required by statute. — 
 See Chap. III. (See Tenancy at Will, p. 6.) 
 
 A determination of the lease may be implied from any 
 act of ownership exercised by the lessor, which is incon- 
 sistent with the nature of the estate : as if he make a lease 
 of the lands, to commence immediately ; or enter upon 
 the land and cut timber ; or do any other act showing that 
 he has determined the lease— this will have the effect of put- 
 ting an end to the lessee's interest, if the tenant consent. t 
 
 And on the other hand, any act of desertion by the ten- 
 ant, or other act inconsistent with the estate, will operate 
 
 * If Ihe tenant be deprived by the landlord of the free use of any material 
 pan of the premises, he may throw up his lease, and be no longer responsible 
 for the rent ; or he may retain possession of the remaining part of the premises, 
 and sue the landlord for damages. 3 Camp. R. 513. 
 
 t Where a tenancy is thus determined in the middle of a quarter, while the 
 rent is current, the tenant is not liable (without express agreemeul) for apro- 
 portionof the current quarter's rent from the preceding quarter day to the day 
 of quitting. 5 B. & C. 332. ' ^ ^ ^ ' 
 
LANDLORD AND TENANT. 27 
 
 as a determination of the estate ; as, if he assign over the 
 ]and to another, or commit an act of waste, his estate is 
 thereby determined, if the landlord claim possession. 
 
 In a tenancy at will, if cither party die, the lease is 
 thereby determined. It is also determined by the sale or 
 letting hy written lease of the premises. (See p. 6.) 
 
 A tenancy at sufferance is determined by mere entry ; 
 no demand of possession or other notice is necessary. 
 (See p. 7.) 
 
 Dissolution of Tenancy by Forfeiture. 
 
 The right of a landlord to enter for a forfeiture of the 
 term by the tenant, is either given by lave, or it is made 
 the matter of express stipulation in the contract. 
 
 If a lease be granted upon condition, and the condition 
 be broken, the lessor may enter for the condition broken. 
 
 And if it be stipulated in the lease or agreement under 
 which a tenant holds the demised premises, that if he be 
 guilty of a breach of a particular covenant or stipulation, 
 or generally, of any of the covenants in the lease, or sti- 
 pulations in the agreement, on his part to be performed or 
 observed, that the landlord may re-enter — if the tenant 
 be guilty of any such breach, the landlord may accordingly 
 re-enter, or bring his ejectment. But the stipulation in 
 the lease or agreement, which gives this power of re-entry 
 is generally construed very strictly. 
 
 It is a settled rule at common law, that where a right 
 of re-entry is claimed on the ground of forfeiture for non- 
 payment of rent, there must be proof of a demand of the 
 precise sum due, at a convenient time before sunset, on 
 the day when the rent is due, at the place stipulated in 
 the lease, or if there be none, then upon the most notori- 
 ous place upon the land, which, if there be a dwelling- 
 house, is at the front door. — Co. Lit. 202 1 Saund. 287. 
 
 The lessee may make a personal tender of the rent to 
 the lessor, in order to save the forfeiture, at any time dur- 
 ing the natural day, that is, before twelve at night, on 
 which the rent becomes due. 
 
 Tenant's place to pay is on the land. He is not obliged 
 to seek the landlord. — 3 Kent, 468. 
 
 When rent is due, a tender upon the land is good, and 
 prevents a forfeiture. — Co. Lit. 201 — 2. The tenant is 
 not bound to go and seek the landlord, provided the con- 
 
28 THE COMMON LAW OF 
 
 tract be silent as to the place of payment ; and yet a per- 
 sonal tender to the landlord off the land is also good. 
 
 Courts of equity are only closed against the tenant, 
 where the forfeiture is incurred by his wilful and culpa- 
 ble neglect to fulfil the terms of his covenant. 
 
 Waiver of Forfeiture. 
 
 The receipt of rent which accrued subsequent to the 
 forfeiture of the lease is a waiver of the forfeiture, and 
 will constitute a good defence to an ejectment suit brought 
 against the lessee to enforce such forfeiture. — (9 Paige, 
 427.) The forfeiture must be known to the lessor at the 
 time, in order to render his acceptance of rent, or any 
 other act, a waiver. — 2 D. & E. 425. 
 
 The receipt of rent does not operate as a waiver, unless 
 the rent^ received accrued subsequent to the act which 
 works a forfeiture. — 13 Wend. 530. 
 
 If a lessor, after giving the lessee a general notice to 
 quit, accepts rent for a time subsequent to the expiration 
 of the notice, he thereby waives the notice, and admits 
 the continuance of the tenancy. — 6 Cush. 415. 
 
 Dissolution of Tenancy by Surrender. 
 
 A surrender is a yielding up by mutual agreement, of 
 an estate for life, or years, to him who has an immediate 
 estate in reversion, or remainder, wherein the estate for 
 life, or years, may merge ; and must be done by deed or 
 note, in writing, signed by the party so surrendering the 
 same, or his agent thereto lawfully authorized by writing, 
 or by act and operation of law. A surrender in law is, 
 where the lessee accepts a new lease of the same premises 
 from the reversioner. The technical and proper words 
 are, " surrender and yield up," but any form of words by 
 which the intention of the parties is manifested, will be 
 sufficient. — 4 Cruise, 93. The effect of a surrender as 
 between the parties is, that the term granted by the lease 
 is thereby merged and destroyed, and the lease is at an 
 end ; but the rights of strangers are not affected by it. 
 
 The under lessee cannot surrender to the original les- 
 sor, but he must surrender to his immediate lessor or his 
 assignee. 
 
 Tearing up a lease by mutual consent does not operate 
 as a surrender, because the deed is not the essence of the 
 contract, but only the evidence of it. 
 
LANDLORD AND TENANT. 29 
 
 The express consent of all parties is necessary to create 
 a surrender at law ; and the acts done must be unequivo- 
 cal ; for if they are susceptible of an explanation at 
 variance with the intention of surrendering the lease, 
 they will not be considered as a surrender. The tenant's 
 removing his goods with landlord's assent, and giving up 
 the key, and its acceptance by the landlord, amounts to a 
 surrender. 
 
 And where a tenant left the premises without giving 
 notice, before his lease had expired^ and the landlord 
 relet the premises for a less rent, it was held, the land- 
 lord could not recover the difference from the original 
 lessee ; but the court, in this case, intimated, that if, 
 before reletting, the landlord had given notice to the 
 original lessee, that if he did not occupy the premises 
 himself he would let them to another tenant, on his 
 account, he might then have recovered. — 11 Moore, 380. 
 
 In one case, where the tenant had quit without notice, 
 and the landlord had put up a bill in the window of the 
 premises, signifying that they were to be let, it was held, 
 that the landlord was not deprived by that act of his right 
 to sue the original tenant for rent.-sr3 Esp. 225. 
 
 The mere circumstance of a landlord's having accepted 
 rent from an assignee or undertenant in the possession of 
 the premises, does not of itself amount to an acceptance 
 of the assignee or undertenant as his lessee in the place 
 of the original lessee. — 1 Stark. 96. 
 
 Notice to Q,uit by Landlord. 
 
 A tenancy at will, or from year to year, may lawfully 
 be dissolved by a notice, in writing, to the tenant, re- 
 quiring him to remove from the premises. 
 
 A notice to quit may be required by statute, or by local 
 custom, or by express stipulation between the parties. In 
 the latter case, the notice must be such as has been agreed 
 upon ; and therefore, if it be agreed between the parties, 
 that the tenant shall quit at a quarter's notice, of coursp 
 a quarter's notice only is necessary. Where notice to 
 quit is required by local custom, the custom will be con- 
 sidered as part of the contract, and must be complied with . 
 
 In absence of express stipulation, local custom, or sta- 
 tute law, if a tenant hold his land, or house, &c., from 
 year to year, expressly or impliedly, either the landlord or 
 L & T 3 
 
30 THE COMMON LAW OF 
 
 he may determine the tenancy by giving a half year's notice 
 to quit. The same, where a tenancy from year to year is 
 implied by law, or from the payment of rent, or the like. 
 If the tenancy be from half year to half year, half a 
 year's notice to quit must be given ; if from quarter to 
 quarter, a quarter's notice ; if from month to month, a 
 month's notice ; if from week to week, a week's notice; 
 and the expiration of the notice must be at the expiration 
 of the half year, quarter, month or week. 
 
 But where the tenancy, by express stipulation, is to end 
 on a certain day, then a notice to quit is not necessary. 
 Nor is it necessary where the tenant holds under an ad- 
 verse title, or has done any act that amounts to a dis- 
 claimer of his lessor's title. Nor is it necessary to be 
 given by a mortgagee to the mortgagor, or by the mort- 
 gagee to the tenant in possession, if the tenancy were 
 created by the mortgagor after the date of the mortgage. 
 
 Notice to quit must be given by the landlord, or by the 
 person who may have succeeded him in the title, as heir, 
 assignee, &c., or by his agent.* 
 
 A mere receiver of rents appears not to have sufficient 
 authority to give a notice to quit. — Chitty L. of C. 308. 
 
 A notice to quit given by one of two joint tenants, will 
 have the effect of determining the tenancy as to his part, 
 or moiety ; but if it be intended to determine the tenancy 
 as to all, if given by one, it must either be signed by all, 
 or given expressly on the behalf of all. If given by an 
 agent on behalf of all, it will determine the tenancy as to 
 
 * A mistake ia the notice to quit, as to the time of tlie expiration of the 
 tenancy, is fatal ; but in order to avoid this, the notice should require the 
 tenant to quit at ine end and expiration of tire current quarter, or year, of his 
 tenancy. 
 
 Where the tenant enters on a verbal lease, if the premises should be sold, 
 he becomes a tenant by sufferance ; and is liable to be removed without 
 notice. 
 
 When the lease of a tenant for a certain term has expired, and he is per- 
 mitted to continue in possession, he does not thereby become a yearly tenant, 
 unless rent has been received, but is a tenant at sufferance, and may be turned 
 out without notice. 
 
 It is not necessary that a notice to quit should be directed to the tenant in 
 •possession, if proved to have been delivered to him at the proper time. If the 
 tenant disputes the time when his tenancy commenced, that his notice to quit 
 does not correspond with it, it is incumbent on him to show the time of the 
 commencement of the tenancy, not on the lessor. — 4 Esp. 7. 
 
 A misdescription of the premises, in a notice to quit, is not fatal, if they are 
 otherwise so sufficiently designated that the party to whom notice has been 
 given, has not been misled by it. — 4 Esp. 185. 
 
 Where a tenant, on being applied to respecUng the commencement of his 
 holding, informs the parties that it begins on a certain day, and a regular notice 
 t o quit on that day is given, he shall be bound by the information he so gave , and 
 be not permitted to showthat it began at a different time. — 2 Esp. 635. 
 
LANDLORD AND TENANT. 3] 
 
 all, although he be authorized by one of them only ; and 
 it is sufficient if his authority be subsequently recognized 
 by them. 
 
 Notice to quit must be given to the landlord's imme- 
 diate tenant, or to his executor, or other personal repre- 
 sentative or assignee, but not to an undertenant. Where 
 the premises were held by two tenants in common, a 
 notice served on one of them was held to determine the 
 entire tenancy, on the ground that it was to be presumed 
 that notice reached the other tenant. 
 
 When the lease is to terminate at a certain time, there 
 is no occasion for notice, for the time of termination is 
 as well known to the tenant as to the landlord. 
 
 A tenant by sufferance, is not entitled to notice to quit; 
 and if beholds possession unlawfully, the landlord may 
 proceed by law to remove him.* (See page 7.) 
 
 Where several persons are jointly interested as land- 
 lords, a notice to quit must be signed by all, or by their 
 appointed agent or attorney. 
 
 Notice to Quit by Tenant. 
 
 If notice to quit be given by the tenant, it should be 
 given to his immediate landlord, or to the person to whom 
 he is bound to pay his rent, or to his landlord's agent, and 
 not to any head landlord, or person under whom his im- 
 mediate landlord claims. In other respects, the same 
 rules apply to this notice as to a notice to quit by landlord. 
 
 Form and Service op Notice. 
 
 A notice to quit must be in writing, and should state 
 or describe the cause for which it was given, and fix or 
 indicate the day when the tenant is required to quit ; and 
 be in accordance with the statutes. Care ftiust be taken 
 that it describe the premises correctly, and as a whole. 
 [See Statutes of all the States, Chapter 3, and Forms of 
 Notice at page 124.] 
 
 Duplicates are usually made of the notice, which are 
 examined, then signed, one served, and the other kept. 
 Serve one on the tenant personally, if you can ; or, if you 
 cannot meet with him, you may serve it upon his wife, or 
 
 * The landlord cannot brinp an action of trespass against a teriant at suffer- 
 ance, before an entry. — 17 Mass. 282, 
 
32 THE COMMON LAW OF 
 
 servant, at his dwelling-house, explaining to them, at the 
 same time, the nature of the notice. Then make a me- 
 morandum of the day and manner of service on the other 
 copy, and keep it to prove the service of the notice. 
 But if there be but one original notice signed, it will be 
 sufficient; and an examined copy of it may afterwards be 
 given in evidence, without giving the defendant notice to 
 produce the original ; as a notice to produce a notice is 
 never required. 
 
 Condition of Parties at the End of a Notice to 
 Quit, and on Holding Over. 
 
 Where the lease, under which a tenant has holden, has 
 expired, or has been determined by a notice to quit, the 
 landlord thereupon immediately acquires a right of entry 
 upon the premises, and he may peaceably enter upon 
 them ; and may then maintain trespass against the tenant 
 who still remains in possession, but he cannot turn the 
 tenant or his family out of possession, except by legal 
 process. 
 
 But, if the tenant refuse to quit the premises, the land- 
 lord must have recourse to the law, and obtain possession 
 at the hands of a public officer.* 
 
 If the landlord neglect to commence proceedings to 
 eject the tenant at the termination of the notice, for a cer- 
 tain length of time, or again receive rent, he must renew 
 the notice, for the expiration of a notice is equivalent to 
 the expiration of a lease, after which time a new tenancy 
 will be held to have commenced. 
 
 A landlord, having the reversion in a house, may enter 
 it, after the determination of his tenant's tenancy by a 
 notice to quit or otherwise, either peaceably, or, if no 
 person be in ttie house at the time, even by breaking open 
 the door, and retain possession against the tenant, as 
 against a stranger. So, where a tenancy from week to 
 week was determined by a notice to quit, but the tenant 
 omitted to give up possession, and had some furniture still 
 in the house; the landlord, at a time when there was no 
 person in the house, broke open the door with a crowbar, 
 and other forcible application, and resumed the possession, 
 whereupon the tenant brought trespass : the court held 
 
 * For method of proceeding, see Statutes, Chapter III. 
 
LANDLORD AND TENANT. 33 
 
 that the landlord had a right thus to enter, Dallas, C. J. 
 saying that the case of Taunton v. Costar established that 
 he might enter peaceably, and that there was no necessity 
 for an ejectment in such a case, and his using force, when 
 there was no person upon the premises, made no differ- 
 ence ; and Park, J. remarked that the declaration alleged 
 it to be the house of the plaintiff, when in fact and in law 
 it was the house of the landlord. — 1 Bing. 158. But if 
 any person be upon the premises, and force be used suf- 
 ficient to constitute it a forcible entry, this will confer no 
 right upon the landlord for so entering. In all other cases, 
 however, after the landlord thus enters, he may maintain 
 trespass against third parties, and even against the tenant 
 himself, if he continue also to hold possession. He cannot 
 however forcibly turn the tenant or his family out of pos- 
 session ; that can be done by ejectment only. 
 
 So, a landlord may lawfully enter upon the demised 
 premises, if he have a right of entry for any other cause. 
 
 But if a landlord, not having any right of entry, enter 
 upon the demised premises during the term, he is just as 
 much liable to an action of trespass at the suit of his ten- 
 ant, as any other stranger would be. 
 
 If the landlord make a violent and forcible entry into 
 the premises, after the tenant's, term has expired, and re- 
 move the tenant's goods, the tenant cannot maintain an 
 action of trespass against him ; though the landlord may 
 be indicted for a breach of the peace. — So, on the other 
 hand, if the tenant keep possession of the premises by 
 force, having in the house unusual weapons, and threat- 
 ening violence to the former possessor, should he return, 
 he is guilty of a forcible detainer. 
 
 When Notice to Q,uit by Tenant is Unnecessary. 
 
 If the landlord, by any misconduct on his part, render 
 the occupation of the tenant so uncomfortable, that he is 
 obliged to quit the premises ; or do any act which amounts 
 to an assent, on his part, that (he tenancy shall end ; or 
 accept another person for tenant ; or, in the middle of a 
 quarter, accept the key of the premises from the tenant, 
 under an agreement that lipon his giving up possession 
 the rent should cease, — notice is unnecessary. 
 
 But in a case where the tenant had quitted the premises 
 before the year was out, and neglected to give his landlord 
 L 85 T 3* 
 
34 THE COMMON LAW OF 
 
 notice, and the landlord put up a bill in the window, and 
 endeavored to let the house ; it was held that such an 
 act on the part of the landlord was only for the benefit of 
 the tenant, and no evidence that the landlord consented 
 that the tenancy should be put an end to. 
 
 In Massachusetts, Connecticut, and Pennsylvania, nei- 
 ther the mortgagor, nor the tenant of the mortgagor, under 
 a lease commencing after the delivery and recording of a 
 mortgage deed, is entitled to notice, either from the mort- 
 gagee or his assignee. In New York he is. 
 
 (See page 6, as to when a notice to quit is not neces- 
 sary to be given a tenant at will.) 
 
 Tenant's Right of Egress and Regress. 
 
 After the tenant has quit possession, and his tenancy is 
 ended, he may enter upon the premises, in order to re- 
 move his goods and chattels. But he can then only take 
 away such articles of personal property as are detached 
 from the freehold; for such fixture^ as the law permits the 
 tenant to remove must be removed before the expiration 
 of the tenancy.* 
 
 Emblements. 
 
 Emblements mean crops of corn, or other produce, which 
 ordinarily repay the tenant for his labor within a year after 
 they are sown, although in extraordinary seasons they 
 may possibly be delayed beyond that period. 
 
 The general rule as to the right to emblements is this, 
 — if the term for which a tenant holds, be uncertain or 
 contingent, so that at the time he sows his crop, he cannot 
 know that his tenancy will not continue until he shall have 
 reaped it, then he shall be entitled to the crop as emble- 
 ments. But if his term be certain, and not depending 
 upon any contingency, and at the time he sows his crop 
 
 * Any person 13 liable to an action of trespass iF he enter upon premises pre- 
 viously occupied by him, (but whose lease has expired,) for the purpose of re- 
 moving his goods and chattels, as his property in them does not give him the right 
 to enter upon the premises. Still he has a legal title to such goods and chattels, 
 and also to such fixtures put up by himself, as were detached from the freehold 
 hetore hia term expired ; and if the landlord will not permit him to enter and 
 take them, he may sue the landlord, in trover, after demand, and also he may 
 liave a writ of replevin. Yet the landlord, in an action of trespass, would pro- 
 bably recover only nominal damages if the tenant should peaceably enter within 
 a reasonable time after the determination of tlie lease, for the purpose of re- 
 moving his goods. 
 
 It is held thatif the injury is not, in legal contemplation, forcible, or not 
 direct and immediate, but only consequential, the remedy is by action on the 
 case. 
 
LANDLORD AND TENANT. 35 
 
 he knows that his term will not continue until he shall 
 have reaped it, then he will not be entitled to the crop as 
 emblements ; he may be entitled to it as an offgoing crop, 
 or to the value of it, by express stipulation with his land- 
 lord, or by the local custom of the country, but not as 
 emblements.* 
 
 Where the determination of an estate for years is cer- 
 tain, as where lands are let for two years, or the like, 
 the tenant is not entitled to emblements ; for it was his 
 own folly to sow, when he knew he could not reap. 
 
 Where an estate at will is determined by the lessor, the 
 tenant is entitled to the corn sown and other emblements ; 
 but it is otherwise, if the tenant determine the tenancy. 
 
 If a husband, seized in right of his wife, sow the land, 
 and die, his executors shall have the emblements. 
 
 If there be a clause of re-entry in a lease for non-per- 
 formance of covenants, and the lessee, after sowing the 
 land and before severance, does or omits to do some act, 
 which is a breach of one of the covenants, he is not enti- 
 tled to emblements ; for he himself, by his act or neglect, 
 has put an end to the term. 
 
 If by express agreement between the lessor and lessee, 
 the latter is to have the emblements at the end of the term, 
 he shall have them, whether he would otherwise be enti- 
 tled to them or not. 
 
 Rights and Liabilities of Outgoing Tenants. 
 
 As soon as the tenancy has expired, the tenant is bound 
 peaceably and quietly, to deliver up to his landlord the 
 possession of the premises, together with all such build- 
 ings and fixtures as belong to them. 
 
 Either the express stipulation between the parties, or 
 the custom of the country upon the subject, must deter- 
 mine the tenant's rights; if there be neither, the crops 
 which are in the ground, or not severed at the end of the 
 term, belong to the landlord, unless the right to enter and 
 secure grain, after the expiration of the terra, is so ex- 
 pressed in the lease. 
 
 All the straw, liay, manure, corn, severed — dead and 
 live stock — every personal chattel upon the farm at the 
 
 * If a tenant is eniilled lo emblements after the determination of his term, 
 he may maintain trespass against his landlord for forcibly preventing his tak- 
 ing them away. — 9 Johns. R. 108. 
 
36 THE COMMON LAW OF 
 
 expiration of the tenancy, belongs to the tenant, and may 
 be removed by him, unless there be some custom of the 
 country, or some express stipulation between him and his 
 landlord, to the contrary.* 
 
 Landlord's Fixtures. 
 
 All things fixed to the freehold at the commencement 
 of the tenancy belong, without exception, to the landlord. 
 
 So all things fixed to the freehold by the landlord during 
 the tenancy. 
 
 So all things fixed to the freehold, which have been 
 affixed by the tenant during the term, become thereby the 
 property of the landlord, if they be not what are termed 
 tenant's fixtures, or trade fixtures. 
 
 So, all things fixed to the freehold, which remain so 
 fixed at the expiration of the term, or sooner determination 
 of the tenancy, become the property of the landlord, 
 whether they be landlord's fixtures, or tenant's fixtures, 
 or trade fixtures, unless the tenant remove them either 
 before the determination of the tenancy, or before such 
 farther time as the tenant is allowed to retain possession, 
 under circumstances which warrant him in considering 
 himself still as tenant. — I Salk. 368. 
 
 So, if the tenancy be determined by forfeiture, all such 
 things become the property of the landlord. 
 
 Tenant's or Domestic Fixtures. 
 
 Domestic fixtures include all such articles as a tenant 
 fixes to a dwelling-house in order to render its occupation 
 more comfortable and convenient, and may be separated 
 from it without doing substantial injury — such as grates, 
 beds nailed to the wall, cooking ranges, marble chimney- 
 pieces ; or other fixtures which are merely attached to the 
 walls with screws, he can take away before the end of the 
 
 * If an outgoing tenant at will, or for years, remove or sell manure made in 
 the ordinary course of husbandry, no property is vested in the purchase, and 
 trespass will lie against him by the landlord. 
 
 An outgoing tenant in agriculture is not entitled to the manure made on the 
 farm during his tenancy, even though lying in heaps in the farm yard, and 
 though it were made by his own cattle, and from his ovra fodder — Greenl. 
 822. 15 Wend. 169. 
 
 When land is sold and conveyed, manure lying about a barn, upon the land, 
 will pass to the grantee, as incident to the land, unless there be a reserva- 
 tion of it in the deed. 3 N. Hump. Rep. SOS, 
 
LANDLORD AND TENANT. 37 
 
 term.* But things which he affixes to the house in order 
 to complete it, such as hearth-stones, doors and windows, 
 press-locks and keys, he cannot take away. 
 
 So also all substantial additions made to the house, 
 become part of the freehold. 
 
 Things of mere ornament, such as hangings, curtains, 
 chimney-glasses, pier-glasses, and the like, which are 
 merely fastened up to keep them in their places, are not 
 deemed to be fixed to the freehold ; the lessee is entitled 
 to them at all times before or after the expiration of the 
 term, and they never vest in the lessor. But he can then 
 only take such goods as are detached from the freehold. 
 The general rule on the subject, is, That all fixtures fixed 
 hy the tenant to the freehold during his term, and that can 
 he removed without doing substantial injury to the premises, 
 may be removed by the tenant at any time during his term, 
 the premises being left in the same condition as before 
 affixation^ 
 
 Tenant's fixtures must be removed before the tenant 
 leaves the premises, or they become part of the freehold. 
 
 Trade Fixtures. 
 
 All things fixed by the tenant to the freehold, for the 
 purposes of trade, such as baker's ovens, furnaces, a 
 steam-engine, counters, shelves, benches, machines, ci- 
 der-mills, presses, stoves, grates, gas-pipes, glass fronts, 
 partitions, iron safes, drawers, padlocks, &c., &c., belong 
 to the tenant, and may be removed by him, unless there 
 is an express contract to the contrary, between the parties. 
 
 The lessee may remove furnaces, coppers, or other 
 utensils of trade, though fixed to the freehold during his 
 term ; but if they remain fixed after the end of the term, 
 he shall not remove them. |: 
 
 This doctrine has been fully considered in the Supreme 
 Court of the United States, where Judge Story held that 
 
 * The fire-frame, fixed in a common fire-pJace, with brick between its sides and 
 Ihe jambs, is a fixture ; and a tenant who has placed it there, cannot remove it 
 after the expiration of his term, and after leaving the premises, though he may 
 before. — 17 Pick. 192. 
 
 t A tenant for life, years, or at will, may remove all such improvements from 
 the freehold as he has placed there, the removal of which will not injure the 
 premises, or render tliem in worse plight than when he entered. — 4 Pick. 310. 
 + Looms in h woolen factory, which could be removed without injury to 
 themselves or the building, are cliaitels, and are liable to be taken by the 
 creditors ihouffh mortgaged with the factory, — unless filed or recorded as 
 chattels.— N. York Deo. 
 
38 THE COMMON LAW OF 
 
 the question whether a given article is capable of removal 
 does not depend upon the form or size of the building, 
 whether it has a brick foundation, is one or more stories 
 high, or has a chimney ; that the only question is, whether 
 it is designed for the purposes of trade* 
 
 Farm Fixtures. 
 
 A tenant of a farm is not entitled to the exemption for 
 his farm fixtures, or those things which he may have fixed 
 to the freehold for agricultural purposes, which a tenant 
 in trade enjoys with respect to things so fixed for the pur- 
 poses of his trade. t Barns, mills, greenhouses, and other 
 buildings, standing upon brick or stone, but capable of 
 being moved without difficulty, are not fixtures, and may 
 be removed by the tenant. 
 
 Gardeners and nurserymen may remove trees, flowers, 
 &c., planted by them with an express view to sale, and 
 are entitled to them both before and after the expiration 
 of the term. But in England it has been holden, that a 
 tenant, not a gardener by trade, cannot do so; that he 
 could not even remove a border of box, which had been 
 planted by himself 
 
 Heir or Executor's Right to Fixtures. 
 The general rule is, that he who is entitled to the land 
 
 * In an action of Covenant, where the defendant covenanted to leave all the 
 buildings vi'hich then were, or should be erected, on the premises during the 
 terni, Lord Kenyon remarked, that if a tenant build upon premises demised to 
 him, a substantial addition to the house, or add to its magnificence, he must leave 
 his additions at the expiration of his term, for the benefit of his landlord ; but 
 the law will make the most favorable construction for the tenant, where he has 
 made necessary and useful erections for his trade or manufacture, and which 
 enable him to carry it on with more advantage. It has been ^o held in the case 
 ofcidermills, and in other cases; and I shall not narrow the law, but hold 
 erections of this sort, (two Dutch barns) made for the benefit of trade, or con- 
 structed as the presenlj to be removed at the end of the term. 
 
 " Gtbbs contended, tnat by the express words of the covenant the tenant 
 was to leave all erections made on tlie premises, at the end of the term " 
 
 •' Lord Kenyon — I aiit aware of that, and am not sure that it concludes the 
 question. It means that the tenaiit shall leave all those buildings which are an- 
 nexed to and become part of the reversionary estate." — 3 Esp. 12. 
 
 Fixtures erected by tenant for carrying on his trade are personal property. 
 
 t Lord Kenyon said, that the old cases leaned to consider as realty, what- 
 ever was annexed to the freehold by the occupier ; but in modern times the 
 leaning has always been the other way, in favor of the tenant in support of 
 the interests of trade. He asked, what tenant will lay out money in costly 
 improvements in the erection of green-houses, and hot-houses, if he be obliged 
 to leave them on the premises? — 2 East. 90. 
 
 A tenant may take and carry away any buildings erected by him on the 
 land, which are not so fixed to the freehold, or connected with the soil, that they 
 cannot be removed without prejudice — S Mass. 411. 
 
LANDLORD AND TENANT. 39 
 
 is entitled to everything fixed to it. Where a person dies, 
 possessed of a term for years in land, everything fixed to 
 the land, as well as the term itself, go to his executors or 
 administrator. If he die seized of an estate in fee, the 
 land and everything fixed to it goes to the heir. 
 
 If a trade be carried on upon the land, then everything 
 erected for the purposes of the trade goes to the executor ; 
 the land itself to the heir. — H. Bl. 259. 
 
 In case of executions against the tenant, the sheriff may 
 seize, remove, and sell all fixtures the tenant himself might 
 remove during his term ; but the sheriff cannot seize 
 them after the tenancy is at an end, and the landlord has 
 obtained possession. So, if they have been mortgaged by 
 the tenant they cannot be taken in execution for his debt. 
 
 A landlord cannot distrain fixtures for rent; not even 
 those the tenant would be entitled to remove. — 12 B. 895. 
 10 Law. J. 294. 
 
 Repairs, by whom to be made when Letting is by 
 Written Lease. 
 
 The subject of repairs is one that gives rise to more 
 disputes between landlord and tenant than any other, 
 from the fact that there is no other subject respecting 
 which both landlord and tenant are so ignorant. 
 
 The I andlord is in no case bound to repair the premises, 
 unless he has agreed to. And if the premises be out 
 of repair, the tenant cannot make repairs at the expense 
 of the landlord, or deduct the amount of them out of 
 the rent, unless there is a special agreement to that 
 effect between the tenant and the landlord. — 6 Cowen, 
 475. 
 
 Having put the tenant into possession of the demised 
 premises, or placed them at his disposal, and clothed him 
 with the legal title to the possession and occupation 
 thereof for the term granted by the lease, the lessor has 
 done all that it is necessary for him to do to entitle him- 
 self to the rent at the time that it is made due and pay- 
 able ; there is no implied warranty on his part that the 
 premises are, at the time of the demise, or that they shall 
 continue to be, during the term, in any particular state 
 or condition, or fit for any particular purpose ; and the 
 tenant therefore is bound to pay his rent, although the 
 premises are not fit for the purpose for which he required 
 
40 THE COMMON LAW OF 
 
 them, and although he may have had no beneficial use or 
 enjoyment thereof. — 7 Meson & Welsby, 577. 
 
 If, indeed, the landlord has been guilty of any fraudulent 
 concealment of defects which ought in good faith to have 
 been disclosed, or has resorted to any misrepresentation 
 calculated to mislead the tenant in some important partic- 
 ular as to the state and condition of the leased premises, 
 the contract would be void, and the tenant would be dis- 
 charged from the rent ; but in the absence of all fraud 
 and deceit, he is bound by his express covenant or con- 
 tract, and must pay his rent, although he has not had that 
 beneficial use and enjoyment of the demised premises 
 which was anticipated. 
 
 This is a most important fact to be borne in mind by 
 the lessee in hiring premises. It is pretty generally 
 believed that a landlord, in letting a house, impliedly 
 covenants that it is in a fit and proper state for habitation ; 
 and this opinion would seem to have received the sanction 
 of the courts of England in several cases ; but in a recent 
 case in that country, where the whole law upon this sub- 
 ject was very carefully examined, and the question very 
 ably discussed, the court decided that in cases of leases 
 of unfurnished houses, there was no implied warranty or 
 engagement on the part of the landlord, that the house was 
 at the time of the letting, or should be at the commence- 
 ment of the term, in a fit and proper state and condition 
 for habitation.— 12 M. & W., 68. 
 
 The above case refers to the letting of unfurnished 
 houses ; it would seem, however, that a man who lets a 
 ready-furnished house does so under the implied condition 
 or obligation that the house is in a fit state to be inhabited ; 
 and in one case where it was not, the house being greatly 
 infested with bugs, it was held the tenant might quit 
 without notice. — II M. & W., 5. 
 
 It would be well, therefore, for tenants to have inserted 
 in their leases a covenant "that the premises are in good 
 tenantable condition, and especially that the outbuildings, 
 privy, &,c., are in good repair." As, however, the tenant 
 usually examines the premises pretty carefully before 
 hiring, few cases of difficulty occur from the absence of 
 such a covenant. 
 
 The tenant, in hiring, should always remember that 
 there is no implied covenant on the part of the landlord 
 
LANDLORD AND TENANT. 41 
 
 as to the condition in which the premises shall continue 
 during the term; if, therefore, the premises become un- 
 inhabitable during the term from any cause other than the 
 fault of the landlord, the tenant is nevertheless bound to 
 pay the rent. In a recent case, it appeared that the 
 building had become uninhabitable by reason of the 
 buildings settling, causing large gaps in the wall, and 
 that the only means by which it could be repaired was by 
 shoring up and underpinning the house, pulling down the 
 front wall and rebuilding it, laying an entirely new 
 foundation, and making a sewer to carry off the water ; 
 and that the mischief was not to be ascribed to the want 
 of ordinary repairs, or to any injury, but simply to the 
 original badness of the foundation, which consisted of 
 soft brick, and to the marshy nature of the soil. It was 
 held that the landlord was under no implied obligation to 
 repair in such a case, and that the tenant could not quit, 
 but must pay his rent.— 10 M. & W., 321. 
 
 The cases in which the tenant has been allowed to 
 withdraw himself from the tenancy, and to refuse the 
 payment of rent, are cases where there has been either 
 error or fraudulent misdescription of the premises, or 
 where the premises have been found to be uninhabitable 
 by the wrongful act or default of the landlord. — Ibid. 
 
 This will be further considered under the head " Ex- 
 press Covenants and Agreements to Repair," where 
 some covenants, designed to protect the tenant from the 
 payment of rent in case the building becomes untenantable, 
 will be given. (See p. 43.) 
 
 Implied Covenants on the part of the Lessee to 
 Repair. 
 
 In the absence of an express covenant|*r agreement to 
 repair, the lessee is not bound to rebuilJ a house leased 
 to him, which has been burnt by an accidental fire, or 
 consumed through the negligence and folly of his own 
 servants. — 10 Bing., 385. 
 
 But there results from the leasing, and acceptance of 
 the lease by the lessee, an implied covenant or promise to 
 use the property leased in a tenant-like and proper man- 
 ner ; to take reasonable care of it, and restore it, at the 
 expiration of the term for which it is hired, in the same 
 state and condition as it was in when leased, subject onljr 
 L & T 4 
 
42 THE COMMON LAW OF 
 
 to the deterioration produced hy ordinary wear and tear, 
 and the reasonable me of it for the purpose for which it 
 was known to be required. — (12 M, & W., 827.) In 
 fulfilment of this implied covenant or promise, the lessee 
 is bound to keep the premises wind and water tight, and 
 in a habitable state, if they were in good repair and con- 
 dition at the time of the demise. He must cleanse the 
 drains and sewers, and amend all trifling external injuries 
 to the buildings, which, if neglected and left unrepaired, 
 would operate to the serious and lasting injury of the 
 estate.— (3 Ad. & E., N. S., 449.) He must not suffer 
 the roof to remain uncovered, so as to let the timbers rot. 
 If windows are broken by the wind and hail, or tiles are 
 blown off, or accidentally broken, he is liable for the non- 
 repair of them, if the consequences of his neglect would 
 be damage to the building from rain. — 7 M. & W. 348 ; 
 12 M <fe. W., 827. 
 
 But the tenant is not bound to make substantial and 
 lasting repairs, such as new roofing ; nor is he responsible 
 for ordinary wear and tear, deterioration from age, or 
 inevitable accident ; and the extent of his liability depends 
 upon the age and general state and condition of the 
 demised premises at the time he took possession of them, 
 and the duration and value of his own term and interest 
 in the property. A tenant from year to year, for example, 
 whose estate may be determined by the landlord, as 
 we have seen, by a six months' notice to quit, ending 
 with the current year of hiring, would never be expected 
 to go to the same amount of expense for the repair and 
 preservation of the property, as a tenant for a term of 
 years. 
 
 The tenant of farms, orchards, gardens, and lands for 
 tillage and cul|||vation, likewise impliedly covenants or 
 promises, to use and cultivate the land, and manure the 
 soil, according to the custom of the country, and the 
 prevalent course of good husbandry in the district where 
 the land is situate ; and to take all reasonable care of the 
 garden and orchard. 
 
 The tenant is moreover bound to keep the fences and 
 ditches, sea walls and boundaries, in good order, and in 
 reasonable state of repair ; the extent of his liability in 
 this respect must materially depend upon the duration of 
 his lease.— 4 T. R. 318. 
 
landlord and tenant. 43 
 
 Express Covenants and Agreements to Repair. 
 
 When the tenant has entered into an express covenant 
 or agreement to " repair, uphold, and keep in repair" a 
 house, or any other structure or building demised to 
 him, he isbound to rebuild or reconstruct it if it be burnt 
 by an accidental fire, or be blown down by tempest, or 
 destroyed by floods, or by an inevitable accident. — (2 
 Saund., 421, a.) The printed forms of leases in most 
 common use contain a clause " excepting injuries by fire 
 and other casualties ;" and lessees should be careful to 
 see that this clause is not omitted. 
 
 In covenants by tlie tenant to " repair and leave the 
 premises in the same state as he found them," he is to 
 take care that the tenements do not suffer more than the 
 natural operation of time and nature would effect. He is 
 only bound to keep up an old house as an old house; to 
 use his best endeavors to keep the premises in the same 
 tenantable repair in which he found them, tar natural and 
 unavoidable decay does not amount to a breach of the 
 covenant. These are the covenants usually found in the 
 leases most in use. 
 
 It has been seen that if the premises become uninhabit- 
 able during the term, the tenant, in the absence of any 
 express agreement, is nevertheless liable to pay the rent. 
 Instead, therefore, of the usual covenants on the part ot 
 the tenant, " to repair, and leave the premises in the 
 same state as he found them," I would advise a tenant 
 to have inserted in the lease a covenant " that he will 
 commit no voluntary waste.; and that if, at any time 
 daring the term, the premises become untenantable from 
 any cause other than the wrongful acts of the tenant, and 
 the landlord does not, upon notice of the fact, forthwith 
 (or in a reasonable time) put the premises in tenantable 
 condition, then the tenant may leave, and the tenancy shall 
 ■thereupon be determined." A further condition might be 
 ■inserted to the ellect, " that if the landlord, upon notice, 
 makes the necessary repairs, and in so doing the tenant 
 is deprived of the beneficial enjoyment of the premises, 
 or suffers any injury in the occupation thereof while such 
 repairs are being made, then a reasonable deduction shall 
 foe made from the rent." 
 
 If it isihe intection of the parties that the tenant shall 
 
44 THE COMMON LAW OF 
 
 make such slight repairs as from time to time, in the 
 ordinary course of things, may become necessary, then, 
 after the covenant against voluntary v^aste, a condition 
 might be inserted " that if the premises at any time during 
 the term should become untenantable from any cause 
 other than the wrongful acts of the tenant, and the repairs 
 necessary to render the prem ises ten ant able shall exceed the 
 
 sum of dollars, and the landlord does not, upon notice 
 
 of the fact, forthwith (or in a reasonable time) put the 
 premises in tenantable condition, then the tenant rnay 
 leave, and the tenancy shall thereupon be determined." 
 
 The usual covenants may be suffered to remain, and 
 additional covenants inserted, to the effect, " that the land- 
 lord shall keep the roof and outside walls of the house tight, 
 or shall keep the house in good repair, and shall paint 
 the outside walls once in a certain number of years," and 
 shall paint the inside, or paper the rooms, &,c. &c. 
 
 Covenants ought also to be inserted to the effect, " that 
 if the outbuildings, privy, &c., get out of repair, so as to 
 be unfit for use, or, so as to become a nuisance, from any 
 cause other than the wrongful acts of the tenant, and the 
 landlord does not, upon notice, repair the same within a 
 reasonable time, then the tenant may repair the same, and 
 deduct the expense thereof from his rent." Covenants to 
 this effect are seldom, if ever, found in the printed forms 
 of leases, and the tenant is, in the absence of any agree- 
 ment, sometimes put to considerable expense to repair 
 privies, the vaults of which have burst either from age 
 or improper construction. 
 
 Especial care should be taken in hiring buildings 
 erected on newly-made land, or having flat, composition 
 roofs, to have covenants inserted in the lease protecting 
 the tenant from all liability in case the premises become 
 untenantable. 
 
 Covenants respecting Water. 
 
 The subject of Water is another source of difficulty 
 between landlords and tenants. The pumps get out of 
 order, the well wants cleaning, or the water fails, or the 
 supply is cut off, &c. &c., and the tenant is obliged to 
 buy water. The opinion seems to be entertained by 
 many persons, that the expense thus incurred in pur- 
 chasing water is to be borne by the landlord, and some 
 
LANDLORB AND TSNANT. 45 
 
 suppose the failure of water to be a sufEoient cause for 
 vacating the premises, unless the landlord assumes the 
 expense of procuring it elsewhere. In one case (and I 
 can find but one upon the subject) where the pump 
 got out of order, the oeurt held tha-t the landlord, in 
 the absence of any express agreement, was not bound 
 ■to keep the pump in repair. And upon general princi- 
 ples, it would seem that the landlord is under no implied 
 obligation to keep the water fixtHr.es, or well in repair, or 
 •clean, and that it is no cause for an abatement of the 
 rent, or for the tenant's leaving, that the water becomes 
 impure or fails, unless su-ch impurity or failure be occa- 
 sioned by the fault of the landlord. 
 
 If, therefore, it is the understanding that the tenant is 
 to have a good supply of water, he should be careful to 
 have a covenant inserted in the lease to the effect, " that if 
 at any time the water fixtures (a pump) get out of repair, 
 or the water becomes impure, from any other cause than 
 the wrongful acts of the tenant, the landlord shall, upon 
 notice thereof, cause the necessary repairs and cleansing 
 to be made in a reasonable time ; and that if the tenant 
 is obliged to buy water on account of the water fixtures 
 being out of repair, or of the failure or impurity of the 
 water, the expense thus incurred, the tenant having given 
 the landlord reasonable notice of the fact, shall be deduct- 
 ed from the rent," provided, however, " that if the land- 
 lord, upon notice, offers to furnish the tenant with a good 
 and suificient supply of good water, the tenant shall not 
 purchase it elsewhere at the expense of the landlord." 
 
 Waste, 
 
 Waste is a spoil or destruction in houses, flower gardens, 
 fences, trees, &c., of an estate, to the injury of him who 
 has the remainder or reversion. 
 
 It is either voluntary or permissive. Voluntary, as 
 when a tenant destroys a house, garden, trees, &c. — per- 
 missive, when he neglects to do what might have pre- 
 vented the waste, as by suffering the house to fall for want 
 of necessary repairs. 
 
 The omission of a tenant to keep the premises in what 
 is called tenantable repair, subjects him to an action for 
 waste. The natural and unavoidable decay of buildings, 
 is always allowed for. 
 L & T 4* 
 
48 THE COMMON LAW OF 
 
 So, if the lessee suffer glass windows to become broken, 
 or carried away ; or if he pull down or remove any part 
 of the house, as the windows, doors, or other fixtures, he 
 is guilty of waste. 
 
 Whatever does a lasting damage to the freehold, is 
 waste. If the lessee alter the house to the lessor's preju- 
 dice — as if he turn a parlor into a stable, or turn two 
 rooms into one ; or pull down, remove or alter, any part 
 of the house let, or fixed to the tenancy by the landlord 
 at the commencement or during the tenancy, even if it 
 improve its value and increase the rent, it is waste.* 
 
 A tenant has no right to dig up and use soil or wood on 
 the demised premises, with a view to the manufacture of 
 bricks for sale ; and if he do so, the landlord is entitled 
 to an injunction restraining him. If he dig up the surface 
 of the land, it is waste ; unless it be to dig trenches to 
 carry off the water, or to cut turf for actual use. 
 
 If a lessee cut down, destroy, or carry away any trees 
 growing for timber, (unless cut down for the repair of 
 things useful on the estate,) ornament, fruit, or shade, or 
 do any act to cause them to decay, or carry away any 
 wood or underwood standing or lying on the land; or 
 dig up or carry away any stone, ore, or other valuable 
 thing found thereon, he is guilty of waste. The court in 
 4 Watts, 463, remarking upon the distinction between 
 the state of things in England, where " every part of a 
 tree will bring cash," and in this country, said, that if 
 in the United States the clearing of the land should raise 
 its value, it is no waste. 
 
 If the lessee suffer the sea to surround arable land, 
 meadow, or pasture, it is waste, if it happen by his default. 
 2 Rol. 816, 1. 40. So, if he suffer a wall or bank against 
 the sea, or river, &c., to be ruinous, whereby the waters 
 enter, and render the meadows useless. — Co. Lit. 53. 
 Assignment. 
 
 [See Form of Assignment, p. 124.] 
 
 An assignment is a transfer or making over to another, 
 of a right one has in an estate. It differs from a lease in 
 
 * Where an action arises for a wrong done under a covenant (waste com- 
 mitted under a lease for instance,) llien a verbal discliarge is a plea against any 
 future demand for damages, for it does not affect the covenant. 
 
 If one joint tenant, or tenant in common, commit waste, he is subject to an 
 action of waste at the suit of a co-tenant. 
 
 Waste, committed by a tenant at will, terminates his tenancy, and renders 
 mm liable to an action of trespass by the landlord. 
 
LANDLOHD AND TENANT. 47 
 
 this, that by a lease, the_ lessor grants an interest less than 
 his own, reserving to himself a reversion ; by assignment 
 he parts with the whole property. — 3 Bl. Com. 326, 327. 
 
 If a man convey the whole of his interest by deed, it is 
 an assignment, not a lease, although by the deed he re- 
 serve rent to himself, and the deed contain covenants 
 which were not in the original lease or conveyance to him. 
 — 1 Doug. 187. 
 
 The relation of landlord and tenant may be created, 
 either by the lessor assigning his reversion to another, in 
 which case the assignee immediately becomes the landlord 
 of the lessee — or by the lessee assigning his term to ano- 
 ther, in which case the assignee of the term becomes the 
 tenant of the lessor — or by both parties respectively as- 
 signing their interests to others, in which case the assignee 
 of the reversion immediately becomes the landlord, and the 
 assignee of the term the tenant. 
 
 The usual covenants, on the part of the assignor are, 
 that the indenture of lease is good in law; that he has 
 power to assign ; to save the assignee harmless from for- 
 mer grants and incumbrances, and for quiet enjoyment. 
 On the part of the assignee, that he will pay rent, or per- 
 form the services and covenants mentioned in the lease, 
 or save the assignor harmless therefrom.* 
 
 An assignee must take the thing assigned, subject to 
 all the equity to which the original party is subject, and 
 must, therefore, perform all the covenants which are an- 
 nexed to the estate. 
 
 An assignee is not liable for a breach of a covenant 
 made before the assignment to him. 
 
 The assignee may discharge himself by a bona fide 
 assignment to any one, except from covenants running 
 with the land, and broken during his enjoyment. An 
 assignee is not liable unless he accepts the assignment. 
 
 Assignee of the Reversion. 
 
 If the lessor assign his reversion, the assignee may have 
 an action of debt for rent. — 5 B. &, C. 512. 
 
 * The lessee is always liable upon his covenanis, during the term, although 
 he may have assigned it to another ; he cannot even plead a tender of the rent 
 by the assignee. 4 Taunt. 642. And the lessor's having accepted the assignee 
 as his tenant, by receiving rent from him, makes no difference in tills respect. 
 It is-no defence whatever in covenant,' although it would be a defence in debt 
 for the rent, if the acceptance^ be pleaded and proved, but not otherwise. In 
 no case can the landlord maintain his action against a mere under lessee. 
 BoMg, 183. 
 
48 the common law op 
 
 Assignee op the Term. 
 
 If the lessee assign his term, the assignee may have an 
 action of covenant against the lessor, or his assignee for 
 breach of any covenant running with the land; and the 
 lessor may have debt for rent against the lessee, if he have 
 not accepted the assignee of the term as his tenant. — 1 
 Salk. 80, 81. 
 
 Bankruptcy of Tenant. 
 
 In case of the bankruptcy of the tenant, his assignees 
 will be entitled to all those fixtures that the bankrupt 
 might by law remove during his tenancy. 
 
 Landlord's Remedt by Action op Debt, Covenant, 
 AND Waste. 
 
 Rent is recoverable by action of debt, whether payable 
 in money, or in produce of land. ]n the latter case the 
 value of the produce may be recovered in money, if not 
 paid in kind, at the price it is worth when due. Interest 
 may be recovered from the time the rent becomes due. 
 
 The landlord may recover, in case of any breach of 
 Covenant contained in the lease, by an action of cove- 
 nant, and may recover Rent and Damages, if he have sus- 
 tained any, in consequence of his tenant's breach of his 
 covenants as to Insuring, Repairing, Assigning, Under- 
 letting, Carrying on Offensive Trade, &c. 
 
 If waste has been committed, an action of Waste lies 
 against the tenant to recover the place as wasted, and in 
 some States double, and in others, treble damages. An 
 action of waste is brought by him who has a reversion in 
 the premises, after the termination of the tenancy, unless 
 the tenant do an act which is injurious to the reversion, 
 when the landlord may bring an action for damages during 
 the term. But the action of waste, however, is seldom 
 resorted to in practice, at present, as modern leases have 
 usually a clause in them, giving the landlord a power of 
 entry in case the tenant commit waste, and the landlord 
 hereupon recovers the premises in an ejectment.* 
 
 * Mode of Ejectment, see pages 31, 32, and State Laws, Chap. III. 
 
landlord and tenant. 49 
 
 Forcible Entry and Detainer. 
 
 A forcible entry must regularly be with a strong hand, with unusual weap- 
 ons, or with menace of life or limb ; it must be accompanied with some cir- 
 cumstances of actual violence or terror J and an entry which has no other 
 force than such as is implied by the law in every trespass, is not wiihin iliese 
 statutes. [3 Bac. Abr. Forcible Entry, &c., Dc. ; Dalt. 300; 1 Hawk. P. C, 
 ch. fi4, sec. 25.] An entry may be forcible, not only in respect of a violence 
 actually done to the person of a man, as by beatin" him if he refuse to relin- 
 quish his possession ; but also in respect of any other kind of violence, in the 
 manner of the entry, as by breaking- open the doors of a house, whether anj§ 
 person be in it at the time or not, especially if it be a dwelling house, and per- 
 haps also by an act of outrage after the entry, as by carrying away the parly's 
 goods, &c.— 1 Hawk. P. C, chap. 64, sec. 26. 
 
 If one find a man out of his house, and forcibly withhold him from returning 
 to it, and send persons to take peaceable possession of it in the party^s ab- 
 sence, this, according to the belter opinion, is a forcible entry. [1 Hawk. P. 
 C, ch. 64, sec. 26. And there may be a forcible entry where a person's wife, 
 children, or servants, are upon the lands to preserve the possession ; because, 
 ■whatever a man does by his agents is his own act. 3 Bac. Abr., Forcible 
 Entry, &c., B. Whenever a man, either by his behavior or speech, at the 
 time of his entry, gives those who are in possession of the tenements which 
 he claims just cause to fear that he will do them some bodily hurt, if they will 
 not give way to him, his entry is esteemed forcible ; whether he cause such a 
 terror by carrying with him an unusual number of servants, or by arming 
 himself in such a manner as plainly intimates a design to back his pretensions 
 by force, or by actually threatening to kill, maim, or beat those who shall 
 continue in possession, or by giving out such speeches as plainly imply a pur- 
 pose of using ibrce against those who shall make any resistance. [1 Hawk. 
 P. C. 64, sec. 27 ; Eng. Com. L. Rep. xii. 5.] 
 
 Drawing a latch and entering a house seem not to be a forcible entry ac- 
 cording to the better opinion, [3 Bac. Abr. Forcible Entry, &c. B. 1 Hawk. 
 P. C. chap. 64, sec. 26.] So if a man open the door with a key, or 
 enter by an open window ; or if the entry be without the semblance of force 
 as by coming in peaceably, enticing the owner out of possession, and afier- 
 w^ards excluding him by shutting the door, without otlier force, these will not 
 be forcible entries. — 4 Com. Dig. Forcible Entry, &c. [A. 3.] 
 
 All who accompany a man when he makes a forcible entry will be deemed 
 to enter with him, whether they actually come upon the lands or not. [1 
 Hawk. P. C chap. 64, sec 22.] So if several come in company where their 
 entry is not lawful, and all of them, except one, enter in a peaceable manner, 
 and thai one, only, use force, it is a forcible entry in them all, because they 
 come in company to do an unlawful act. [3 Bac. Abr. Forcible Entry, &c. 
 B.] But he -ffho barely agrees to a forcible entry made to his use, without 
 his knowledge or priority, is not w^ithin the statutes, because he did not concur 
 in, or promote the force. — 1 Hawk. P. C. chap. 64, sec. 24. 
 
 Forcible detainer is where a man who enters peaceably, afterwards detains 
 his possession by force ; and the same circumstances of violence or terror 
 which will make an entry forcible, ■will also make a detainer forcible. From 
 wheiice it seems to follow that whoever keeps in his house an unusual num- 
 ber of people, or unusual weapons, or threatens to do some bodily hurt to the 
 former possessor, ifhe dare return, is guilty of a forcible detainer, though no 
 attempt be made to re-enter ; and it has been said that he also will come under 
 the like construction who places men at a distance from the house in order to 
 assault any one who shall attempt to make an entry into it ; and that he is in 
 like manner guilty who shuts his doors against a justice of the peace coming 
 to view the force, and obstinately refuses to let him come in. [1 Hawk. P. (J. 
 chap. 64, sec. 30 ] This doctrine will apply to a lessee who, after the end of 
 his term, keeps arms in his house to oppose the entry of the lessor, though no 
 one attempt an entry ; or to a lessee at will detaining with force after the will 
 is determined.— 4 Com. Dig. Forcible Detainer, [B. L] 
 
 But a man will not be guilty of the offence of forcible detainer for merely 
 refusing to go out of a house, and continuing therein in despite of another. 
 [1 Hawk, P. C. chap. 64, sec. 30.] So that it is not a forcible detainer if a 
 lessee at will, after the determination of the will, deny possession to the les- 
 sor, when he demands it ; or shut the door against the lessor when he would 
 enter ; or if he keep out a comraonerj by force, upon his own land. — 4 Com. 
 Dig- Forcible Detainer, [B. 2.] 
 
50 THE COMMON LAW OF 
 
 landlord's remedies against the tenant. ' 
 
 Use and Occupation. — Where there was a verbal lease for two years, but the 
 tenant never entered, the Court of Exchequer held he could nol be sued in this 
 action as for use and occupation ; for he neither had, held, used, occupied, 
 possessed nor enjoyed. 1 Cr. & J. 391. So, where a tenant, by a written 
 agreement, has agreed to take the premises from a future day, it was held not 
 sufficient merely to put in and prove the agreement, butthat evidence must also 
 be given of some occupation under it. 7 Car. & P. 610. But if it be proved that 
 th£ tenant took possession for a lime, however short, he is liable to be sued in 
 dis action until the end of the term. 6 Bing. 20G. And where the defendant 
 agreed to rent a house, and sent in a woman to clean it, and workmen to 
 paper one of tlie rooms, this was holden to be sufficient evidence of occupalion. 
 If a man enter under an agreement for a lease, he is tenant al will until the 
 lease is granted, or a tenancy from year to year can be implied ; and, in the 
 meantime, he is liable in this action for the lime he has occupied. So, payment 
 of rent is a sufficient recognition of the right of the landlord to support an action 
 for use and occupation, altltough it appear by the plaintiff's evidence that the 
 defendant originally came in under another person, and that the plaintiff has 
 but an equitable title. So, any other admission of the tenancy by the tenant, 
 either expreas or implied, will enable the landlord to maintain this action 
 against him. 3 Camp. 372. 
 
 If tliere be a lease, or an agreement for a lease, and there have been no pay- 
 ment of rent, or other matter from which (independently of the lease or agree- 
 ment) the relation of landlord and tenant between the parties may be implied, 
 the lease or agreement may be proved in the ordinary w^ay. 7 Car. & P. 13. 
 
 The plaintiff must prove the amount of compensation he ought to have, for 
 the use and occupation of the premises during the time for whieh he alleges 
 •rent to be due. It there have been no agreement between the parties, fixing 
 the rent to be given for the premises, the plaintiff must prove, by witnesses, 
 the sum for wluch they eould reasonably be let to a tenant ; or, if the defendant 
 have previously paid rentfor themj the amount of rent that he paid. 
 
 FoHFHiTDRE. — The tenant forfeits his lease if he do any act by which he im- 
 pugns or disaffirms the title of his landlord ; if he sue out a writ, or resort to a 
 remedy which claims or supposes a right in him to the freehold ; or if^ in an 
 action against him by the landlord, grounded upon the lease, he resist the 
 demand under a grant of a higher interest in the land ; or, if by matter of 
 record he acknowledge the fee to be in a strsmger ; if it be stipulated in the 
 lease or agreement under w^hich the tenant holds the premises, that if he be 
 guilly of a breach of a particular covenant or stipulation, or, generally, of any 
 of the covenants in the lease, or stipulations in the agreement, on his part tu be 
 performed or observed, that the landlord may re-enter — if he be guiliy of any 
 such breach, llie landlord may accordingly enter, or bring his ejectment. But 
 the stipulation in the lease or agreement whieh gives this power of re-entry is 
 construed ^ery strictly. Where a lease contained a proviso for re-entry, if ihe 
 tenant should make default in performance of any of the covenants therein : 
 the court held that it extended only to affirmative covenants, and not to negative 
 covenants, for these were not to be performed. 1 B- & Ad. 715. 
 
 Waiver. — An acceptance of rent, which accrued subsequent to a forfeiture, 
 will be a waiver of it, it the landlord knew of the breach of the condition or cov- 
 enant from which it arose, at the time he received the rent ; for a receipt ol 
 rent is an admission that the tenancy is then subsisting. — 6 B. & C. 519. 
 
 Repairs. — If ihere be a power of re-entry for non-performance of a covenant 
 to repair^ or of covenants in the lease generally, and one of them be a covenant 
 to repair, and the premises are allowed to go out of repair, the landlord may 
 bring an ejectment forthwith for the recovery of the premises, without any 
 previous notice requiring the tenant to put them in repair, if no such notice be 
 required by the terms of the lease. What defects in the stale of repair of the 
 premises amount to a breach of the covenant, must in all cases depend upon 
 tihe manner in which the covenant is worded, considered also with reference to 
 the nature of the premises. Upon a general covenant to repair andkeep in re- 
 pair, the tenant is not obliged lo put in new floors, or the like, but merely to 
 repair the old ones, although the new floor would be the more substantial way 
 of making the repair ; if he keep the premises in substantial repair, it is suf- 
 ficient. If the lease were of a very old building, it is not meant by such a cove- 
 nant that the tenant should restore it in an improved state, nor that the conse- 
 quences of the eleraenis should be averted; but the duly of the tenant is to 
 keep it as nearly as may be in the state in which it was at the lime of the 
 
LANDLORD AND TENANT 51 
 
 lease, by the timely expenditure of money and care. The state of the building 
 at the time of the .lease, however, must be eslablished by general evidence 
 merely, and not by going into details. But under a covenant substantially to 
 repair, uphold, and maintain a house, it has been holden that the tenant was 
 hound to keep up the inside painting. And the covenant is often framed in 
 such a way, as to oblige the tenant to do much more than he would be bound 
 to do by the terms of the ordinary covenant to repair , and ft must be construed 
 accordingly. A mere enlargment of windows, opening external doors, taking 
 down pariiiions, or making otlier alterations in the premises, however, cannot 
 be deemed a breach of a covenant to keep the premises in repair ; they may be 
 waste, in the legal acceptation of the term, but they are not a breach of a cove- 
 nant to repair. — 4 B. & Ad. 126. 
 
 Whether under a covenant to repair and keep in repair, the tenant is bound 
 to rebuild the premises in case they are destroyed by fire, was at one time con- 
 sidered doubtfQl. But it is now well established that he is bound to rebuild, 
 6 T, R. 650 ; unless in ihe covenant casualties by fire be expressly excepted, 
 6 T. R. 4B3 ; or there be an express covenant by the landlord himself lo rebuild 
 in such a case. Besides proving the ^vant of repair, the plaintiff must provt 
 the damage sustained by the breach of covenant. — TMees.&W.eOl. 
 
 Insurance. — The landlord may bring an ejectment, if the tenant covenanted 
 lo keep the premises insured, and has not, or have failed in payment of the 
 premium. 
 
 fVaste. — Where a right of entry is reserved to a landlord, in case his ten^ 
 ant commits waste, it is generally construed to be such wasteas may be in- 
 jurious to the reversion. 
 
 Jissigning or Underletting. — In this, as in all other cases of forfeiture, the 
 covenant or stipulation not to assign or underlet, &c., is construed strictly in 
 favor of the tenant, and against the forfeiture. A proviso for re-entry, if the 
 tenant shall assign the premises, does not prevent him from underleasing 
 part of them. Even a proviso not to assign, transfer, set over, or otherwise do 
 or put away the lease or premises, has been holden not to extend lo such an un- 
 derlease. But a covenant not to let or assign, comprehends an underlease. A 
 covenant not to underlet the premises, is not broken by letting part of them in 
 lodgings. — 4 Camp. 77. 
 
 Carrying on a Trade. — A covenant existing on the part of the tenant not to 
 carry on any particular specified trade, or allow the same to be carried on m 
 the house ; if a power of re-entry be reserved in such a case, the landlord may 
 enter, upon finding any trade carried on in it, strictly within the meaning of the 
 covenant. 
 
 Buildings. — Where land is let to a man, upon which he ai^ees to erect a 
 building thereon within a certain lime, with a power of re-entry to the land- 
 lord in case he fails to do so, but no lease is granted until the buildings shall be 
 completed : if he fail in erecting ilie buildings within the time, the landlord may 
 maintain ejectment lo recover the premises. 
 
 JVon-payment of Rent. — The landlord must prove that a demand was made 
 for the rent, and that the same or some part thereof has not been paid. 4 Leon. 
 6. And a demand in fact inust be proved, although there may have been no 
 person on the premises at the lime ready to pay the rent. Plowd. 70. The de- 
 mand must be of the precise sum due ; if he have demanded a penny more or 
 less, it will be ill. 1 Leon. 305. 
 
 It must appear to have been made precisely upon the day when the rent was 
 due and payable by the terms of lease, jg. Leon. 305. As, where the proviso is, 
 that if the rent shall be behind and unpaid by the space of thirty, or any other 
 nuTnber of days, after the days of payment, it shall be lawful for the landlord to 
 re-enter ; the demand must be made on the 30th, or other last day. Co. Lit. 202* 
 And where the rent was payable quarterly, and iwo quarters being in arrear, 
 the landlord demanded the amount of both ; it was holden that he could not re- 
 cover for forfeiture ; for as lo the first quarter, it was not demanded at the day. 
 - - 3 Car. & Payne, 613. 
 
 The demand must be made at a,convenient time before sunset, upon the 
 land, and at the most notorious place of it. 1 Saund. 287. Therefore, if there 
 be a dwelling-house upon the land, the demand must be made at the from or 
 fore door; but it is not necessary to enterthe house, although the door be open. 
 But if the landlord demand it of an undertenant, or any other person he may 
 find there, provided it be upon the land, it will he sufficient ; and it will be no 
 objection to say that he ought lo have demanded the rent generally, his imme- 
 diate tenant not being there, and not to have demanded it of an undertenant. 2 
 U. at R. 29. All this, however, must be understood of cases where the lease 
 specifies no place at which the rent is to be paidj for if a place be appointed 
 
52 THE COMMON LAW OF LANDLORD AND TENANT. 
 
 where the rent is to be payable, the rent must be demanded at that-plaee. On 
 the other hand, if the tenaiitmeet the landlord, at any place, on or off the land, 
 at any time of the last day of payment, and tender the rent, it will be sufficient 
 to save forfeiture. Maund's Case, 7 Co. 28. 
 
 tenant's remedies against the landlord. 
 
 Use and Occupation. — If the premises were let to the defendant at a rent pay- 
 able at certain periods, and before any rent was due, or before the rent sought 
 to be recovered became due, the plaintiff evicted him ; this is a good defence 
 under the general issue, because the defendant ceased to hold or occupy the 
 premises before any rent became due for ihem. 5 Mees. & W. 606. So if he be 
 evicted from part, and he thereupon give up the residue, this is a complete de- 
 fence as to the whole. 3 Camp. 513. But if, instead of giving up the residue, 
 he retain, it, he will then be liable to pay for it, on a quantum meruit. 3 Camp. 
 514. Where a tenant from year to year, at a rent payable half-yearly, quitte(J 
 at the end of the current year, without giving any notice ; and the landlord, 
 before the end of the next half-year, re-let the premises to another tenant : this 
 was holden to amount to an eviction, and that the landlord could not maintain 
 this action against the first tenant, to recover any rent accruing subsequently to 
 the time when he quitted. 8 D. & Ry. 67. But the landlord's merely putting 
 up a bill upon the premises, for the purpose of letting them, will not prevent 
 him from recovering. 3 Esp. 225. Soj where A. let lands to B., and B. under- 
 let to others, and A. gave notice to quit to the undertenants, in consequence of 
 which, one of them quitted the lands occupied by him, and they remained un- 
 tenanted for a whole year ; B. then re-let them : it was holden that A. could 
 not recover from B. the rent of the unoccupied premises for the time ihey were 
 so unoccupied ; fur his conduct, in giving notice to quit, amounted to an evic- 
 tion. 1 Siark. 94. 
 
 CondilioTial Renting^ and condition not performed. — If the agreement to pay 
 rent, on the part of the tenant, be conditional, merely upon the landlord's doing 
 something to the premises, siich as furnishing them or the like ; if the landlord 
 have not complied with ihe condition, this will be a good plea in bar to the 
 action, for the rent does not begin to accrue until the condition has been per- 
 formed. 7 Ad. & El. 54. 
 
 If the premises be let knowingly, for an illegal or immoral purpose ; if, for 
 instance, the landlord let the house for the purpose of prostitution, knowingly, 
 and allow it to continue to be used for that purpose, he cannot recover the rent, 
 as for use and occupation Ry. &. M. 251. 
 
 Where a tenant held a shop and house from year to year, and the landlord, 
 shortly before midsummer-day, having put in workmen, with the tenant's con- 
 sent, to repair, the inconvenience was so great that all the tenant's lodgers left 
 him, and the tenant was obliged to procure lodgings elsewhere for himself and 
 his family ; he paid his rent up to midsummer, ana continued the shop until the 
 5lh July following, when he quitted without noiice: the court held, that as he had 
 no beneficial occupation after midsummer, an action for use and occupation 
 could not be malnlained against him forrent accruing after that time. 
 
 Also, if the landlord, by any misconduct upon his part, render the occupation 
 of the tenant so uncomfortable, that he is obliged to quit the premises, and seek 
 a residence elsewhere, it should seem that he could not afterwards recover in 
 an action foruse and occupation of the premises after the defendant had quitted 
 them. 7Dowt678. t 
 
 And lastly, the defendant may prove that before any part of the rent became 
 due, he surrendered the premises in question to the plaintiff, and that the 
 plaintiff accepted of the surrender. And where, in the middle of a quarter, the 
 landlord accepted the key of the leased premises from the tenant, under a ver- 
 bal agreement that upon her giving up possession, the rent should cease j and 
 she never afterwards occupied : it was holden that the landlord could not re- 
 cover, as for use and occupation, for a time subsequent to the tenant's giving 
 up the key. 5 Taunt. 518. And in a subsequent case, where apartments in a 
 house were let to a tenant for a year, at a rent payable quarterly, and during a 
 current quarter, upon some dispute between them, the tenant told the landlord 
 she should quit the lodging, to which the landlord assented, and, on the tenant's 
 leaving, accepted possession of the rooms : it was holden that the landlord could 
 not recover rent, either for the whole of the quarter, or even for that portion of 
 it which had elapsed before the tenant quitted; for the tenancy being put an 
 end to before any rent became due, none was payable.- 8 B. & C. 324. 
 
COMMON LAW 
 
 TN nELATION TO 
 
 DIVISION FENCES, WALLS, NUISANCES, 
 AND PRIVATE WAYS. 
 
 CHAPTER II. 
 
 DIVISION FENCES. 
 
 fx is so notoriously the duty of the actual occupier to repair 
 the fences, and so little the duty of the landlord, that, without 
 any agreement to that effect, the landlord may maintain an 
 action against his tenant for not ao doing, upon the ground of 
 the injury done to the inheritance. And an action on the case 
 for not repairing fences, whereby another party is injured, can 
 only be maintained against the occupier, and not against the 
 owner of the fee, who is not in possession. 4 T. R. 319/Wood- 
 fall's Landlord and Tenant, 707. ^ 
 
 The general law respecting the oWigation of the occupants of 
 adjoining lands to make and maintain partition fences, may be 
 stated as follows : 
 
 1. At common law, the tenant of a close wasnoi obliged to 
 fence against an adjoining close, unless by force of prescription. 
 
 2. At common law, when a man was obliged by prescription 
 to fence his close, he was not obliged to fence against any cattle 
 but those which were rightfully in the adjoining close. 
 
 3. At common law, a man though not bound to fence against 
 an adjoining close, was still bound, at his peril, to keep his 
 cattle in his own close, and prevent them from escaping. 
 
 4. The legal obligations of the tenants of adjoining lands to 
 make and maintain partition fences, where no prescription exists 
 and no written agreement has been made, rest on statute. 
 
 5. An assignment, pursuant to the statute, imposes the same 
 duty as would result from prescription. 
 
 6. Where there is no prescription or agreement, the provisions 
 of the statute oblige a tenant, liable to make the partition fence, 
 or any part of it, to fence only as in the case of prescription at 
 common law ; that is, against such cattle as are rightfully in 
 the adjoining land. 
 
 7. Every person may maintain trespass against the owner of 
 cattle found on his land, unless such owner can protect himself 
 by the provisions of the statute or bv written agreement, or by 
 prescription. 
 
 5 
 
54 DnrrsroN fences. 
 
 In most', if not all, of the States, the foundation of alfoBBgaK 
 tions to make and repair fences, (where no agreement has been- 
 made,) rests on statutes, which require that the respective- 
 occupants of adjoining enclosures shall make and repair suf' 
 ficient fences at their equal expense. 
 
 Thus, by the Revised Statutes of Massachusetts, eh. 19, th? 
 owner of a close can compel the owner of the adjoining close toi 
 make and maintain a partition fence; 
 
 In New York, also, the statute has altered *he rights of the' 
 parties. Where the lands of two persons join, each .shall make 
 a just proportion of 'the division fence, unless they agree to let 
 their land lie open. If any person shall neglect to male or 
 keep in repair, bis proportion of such fence, he shall be liable- 
 to such damages as shall accrue by reason of his negligence ;. 
 and if he omit to make or repair his proportion of the fence, for 
 one month after notice and request, then the party injured may 
 make or repair the fence at the expense of the party so neglecting 
 to do it. And in case any person who shall have made his pro- 
 portion of the fenee, shall Be disposed to throw up his lands for 
 common feedingf, or to let the same Me open, he shall give three 
 months' notice to the person or persons in possession of the lands 
 adjoining ; and if the fence shall be removed before the expira- 
 tion of three months, the person removing it shall pay the dam- 
 ages sustained by such removal. 3 Wend'. t45. 
 
 The only effect of throwing up land, or permitting it to lie 
 open is, to remit the parties to their common law rights and 
 duties, which are, that a tenant of a close is not obliged to fence 
 against an adjoining close, and without such fence may bring 
 trespass for an entry of cattle ; the owner of the cattle being 
 obliged to keep them on his own premises, in the absence of any 
 agreement or prescription about fences. 3 Wend. 142. 
 
 In many of the States, where, by the statutes, the respective 
 occupants of adjoining enclosures are required to make and' 
 repair sufficient fences at their equal expense, it has been de- 
 cided', under these statutes, that the- obligation to make ancf 
 ■maintain a partition fence is equally operative upon both ad- 
 jacent owners ; that each party is eqTially bound to move in the 
 matter; and that, until such division, there can be no deficiency 
 or neglect alleged as to the fence of either party, separately antf 
 individually. If either^ therefore, put cattle on his own land, 
 and they enter upon the land of the- adjacent proprietor, there 
 being no partition of the fence separating the lots, he wHl be 
 liable to an action of trespass therefor. This is the law in- 
 Maine; New Hampshire, Massachusetts, New Jersey, Penn- 
 sylvania, and, probably, in most of the other states. 4 Mete. 
 580; 5 Greenl. 356; 4 N. Hamp. 36 ; 7 N. Hamp. 518; 4 
 Halst. 384 ; 3 Harrison, 388; Addison R., 258. 
 
 It has been decided in Massachusetts, that, upon general 
 piineiples, it is. no more the duty of the individual, who 
 
CmSTON FENCES. 55 
 
 has a field adjacent to that which his neighbor proposes to 
 ■depasture with his cattle, to take the incipient steps to cause a 
 partition of the fences between their adjacent lands, than of him 
 who owns the cattle, and intends to use his land for depasturing 
 them. Both jJarties are entitled to the privilege given by the 
 statute, authorising proceedings for dividing their fences, and 
 assigning to each his proper portion thereof; and if either 
 wishes to avail himself of its provisions for his protection, he 
 must move in the matter, if Iris neighbor does not. By takingr 
 the proper steps, and causing a partition to be made of th:; 
 fences, and tluly maintaining and keeping in repair the part as- 
 signed to him, he can easily avoid all liability to an action, if his 
 cattle escape into the adjoining lot through defect of the fence 
 assigned to the owner of such lot. If he neglect to procure a 
 division of the fence, it is not for him to complain, that the ovnier 
 of the adjacent lot has been alike inactive in the matter ; but 
 the result must be that both parties must be presumed to elect, 
 to occupy, and improve their lands under the rules of the com- 
 mon law, and subject to the common law responsibilities. 4 
 Mete. 5S9. 
 
 Where there is no prescription, agreement, or assignment, 
 under the statute, whereby the owner of land is bound to main- 
 tain a fence, no occupant is obliged to fence against an adjoining 
 close; but in such case, there being no fence, each owner is 
 bound, at his peril, to keep his cattle in his own close. When 
 a tenant, for any of the reasons before stated, is bound to fence 
 against an adjoining close, it is only against such cattle as axe 
 rightfully in thart close; and, in such case, if the fence be not in 
 fact made, the owner of either close then adjoining, may dis- 
 tTain the cattle escaping &om the adjoining close, not rightfully 
 there. 5 Greenl. 357. 
 
 Where two men own adjoining closes, with an undivided 
 partition fence, which both are equally bound to repair, each is 
 bound to keep his -cattle on his own land, at his peril. 7 N. 
 Hamp. 518. 
 
 In Connecticut a contrary doctrine has been established ; and 
 though, by the common law, it is the duty of the owner of cattle 
 to distrain them, and if he suffer them to trespass upon the lands 
 ef another, he is generally liable in damages, whether those lands 
 were or were not enclosed by a sufficient fence. But in Massa- 
 chusetts a different rule has been adopted, and the owners of lands 
 are obliged to enclose them by a lawful fence, or they CEnn main- 
 tain no action for a trespass done thereon by the cattle of another 
 14 Conn. 292. The law in Vermont is the same, in this respect, 
 as in Connecticut, and the following reasons are assigned for it 
 by Judge Hutchinson : " The cattle of many persons, especially 
 the cows of poor persons, in all parts of the state, have always 
 been permitted to run upon the highways and commons, no man 
 jnresuming to lake them up damage-feasant, unless his own 
 
56 ' OF PAHTY WALLS. 
 
 fence would stand the test of the law. And this practice is well 
 warranted by statute of Massachusetts, the provisions of which 
 are so various and extensive, and form such an entire system 
 upon the subject, it must have been intended to supersede the 
 common law;." 1 Vermont, 476. • 
 
 As, by the common law, the tenant of a close is not obliged 
 to fence against an adjoining owner or tenant (unless by force of 
 agreement or prescription,) so the party who makes a fence 
 between his close and that of an adjoining tenant, must make it 
 wholly on his own land. 
 
 But, as in most of the States the occupants of iidjoining en- 
 closures are required by statute to make and repair sufficient 
 fences at their joint expense, it would seem to be very clear, that 
 the common law doctrine as to the adjoining tenant's rights and 
 duties concerning fences, is not applicable in those States. An 
 occupant of land, therefore, who is bound to maintain a fence 
 between his own and an adjoining enclosure, may place half of 
 a fence, of reasonable dimensions, on the land of the adjoining 
 owner ; and he may cut half of a ditch on the land of such 
 owner, when a ditch is proper for a partition fence. 2 Mete. 180. 
 
 The public have no right in a highway, but a right to pass 
 and repass thereon ; they cannot, therefore, justify turning their 
 cattle thereon, for the purpose of grazing. And if cattle, so op. 
 the highway, for the purpose of grazing, escape into the aa- 
 joining close, the owner of the cattle cannot avail himself of the 
 insufficiency of the fences in excuse of the trespass. 16 Mass. 
 33 ; 3 Wend. 142. 
 
 In Vermont cattle have always been permitted, in all parts of 
 the state, to run upon the highways and commons, no man pre- 
 suming to take them up damage-feasant, unless his own fence 
 could stand the test of law. 1 Verm. 476. 
 
 Where cattle have escaped from an adjoining close into that 
 of the defendant's, through defect offences which the defendant 
 is hound to repair, he is not justified in driving them out into the 
 highway, and having them there, although it may be their best 
 way back ; and trespass will lie. It is perfectly clear, that the 
 least to be expected from a party in the situation of the defend- 
 ant is, that he should put back the cattle into the place in which 
 they were before they quitted it, in consequence of his neglect. 
 8 Ad. & E. 311. 
 
 ^ PARTITION WALLS. 
 
 Where a party wall exists between two buildings, belonging 
 to different persons, if one of them take it down with his building, 
 he must re-erect it in reasonable time, and with the least incon- 
 venience. The other owner shall contribute to the expense, if 
 the wall required repairs ; but he cannot be charged with the 
 expense of a wall more costly than the former one. 3 Hilliard 
 on Real Property, 86. 
 
Of NmSANCES, ETC. 57 
 
 It two persons have a party wall, one-half of the thickness of 
 which stands on the land of each, they are not therefore tenants 
 5n common of the wall, or of the land on which it stands, al- 
 though the wall was erected at the joint expense of the two 
 proprietors. The common use of a wall separating adjoining 
 lands belonging to different t)wners, is prima fude evidence, 
 however, that they are tenants in common. 5 Taunt. 20, 257. 
 
 If the owner of a house in a compact town, finds it necessary 
 to pull it down, and remove the foundations of his building, 
 and he gives due notice of his intention to the owner of the ad- 
 joining house, he is not answerable for the injury which the 
 owner of that house may sustain by the operation, provided he 
 remove his own with reasonable and ordinary care. Where 
 there had been no party wall, but the wall of the house pulled 
 down, stood w'holly on its lot, yet if the beams of the house 
 rested upon the wail pulled down, and had done so for a period 
 sufficient to establish an easement by prescription, the owner of 
 the adjoining house would be entitled to have his beams inserted 
 for a resting-place in the new wall. 3 Kent, 437. 
 
 OF NUISANCES AND OTHER INJURIES 
 TO THE POSSESSION. 
 
 'Who may Sue for DasmageS occasioned by -a Nmsance? — The 
 tenant's possessory interest will entitle him to an action against 
 a wrongdoer for any injury done xo his possession, whether that 
 injury be in the nature of a nuisance or otherwise. And, wheife 
 the injury does not extend beyond a temporary interruption of 
 the enjoyment of the lessee, he alone being injured, is clearly 
 the only party who can have any right to sue, and may of 
 course recover the full measure of damages. If, however, the 
 injury is of so grave a character as to aifeot not merely the tem- 
 porary right of the tenant, but likewise the permanent value of 
 the property, here the tenant and the landlord may both maintain 
 actions for the injuries done to their respective estates. They 
 are both injured, but in different degrees ; the tenant, in the 
 interruption to his estate and the diminution of his profits ; and 
 the landlord in the more permanent injury to his property. 1 
 Walford on Parties to Actions, 233. 11 Mass. 519. 
 
 Against whom an Action of Nuisance may he brought, — As 
 a general rule an action for nuisance seems to be maintainable 
 in four different cases. 
 
 First, against a party who employs his premises so as to 
 cause a nuisance to his neighbor; and this either for the ori- 
 ginal erection, or for the subsequent continuance. Com. Dig. 
 Action on Case for Nuisance, 1 Stark, 22 ; M. & M. 350. 
 
 Secondly, the action lies against any subsequent occupier who 
 
 L Sc T 5* 
 
58 OF NUISANCES, ETC 
 
 takes premises upon which a nuisance exists, and continues it , 
 and this by whatever title he may come in, by lease, assignment, 
 or the lilie. Thus, one who succeeds another in the occupation 
 of premises upon which a steam engine is erected, is liable for 
 . any annoyance that may be thereby occasioned to the neighbor- 
 hood in his own time. So, likewise, if a husband, in his life- 
 time, divert a stream of water, by means of a pipe and cock, to his 
 house, an action lies against his wife if, after his death, she 
 occupy the house, and use the water, for every turning of the 
 cock is a fresh nuisance. Nay, even though the new occupier 
 in no way contributes to the production of the nuisance beyond 
 a passive enjoyment of the premises as he finds them, he is still 
 liable. Thus, where the owner of a mill adjoining the plaintiff's 
 meadow, sometime before the date of the action, raised the 
 banks of his mill-pond so high, as to cause the water from it to 
 overflow the meadow, and he afterwards let the mill to the 
 defendant ; the plaintiff thereupon sued the defendant, and ob- 
 tained a verdict upon the ground that there was a Continuance 
 of the nuisance by the present defendant, and that was enough 
 to subject him to the action. 5 Co. 101 a ; R. & M. 189 ; Dyer, 
 319 ; 2 Salk. 460 ; Cro. Jac. 373, 555. 
 
 Thirdly, the action lies against any one who, from the relation 
 in which he stands to the land upon which the nuisance is 
 erected, must be inferred to possess the power, either of origin- 
 ally preventing it, or, at any rate, of putting an end to its con- 
 tinuance, and who fails to do so ; for his neglect reasonably 
 fixes him with the charge of sanctioning and upholding it, as 
 r&uch as if he had in the first instance given the authority for its 
 erection. Thus, if one raises a building on his own land, so 
 high as to obstruct his neighbor's ancient lights, and leases it in 
 this state to another, either the landlord or tenant is liable to an 
 action of nuisance. So if the nuisance be erected in the first 
 instance during a tenancy, and the landlord choose to renew the 
 tenancy, after the tenant has so erected the nuisance, without 
 any stipulation for its removal , that will make the landlord liable, 
 for he must not let the land with a nuisance upon it. So, if a 
 man leases premises for a purpose which he must know is likely 
 to produce a nuisance, he is liable. So, where a man leases 
 premises in that state and condition that, vtithout particular care, 
 the use of them is likely to end in a nuisance, and does not, at 
 the same time, stipulate for the tenant's taking the necessary 
 measures to prevent it, or reserve to himself a right of entry for 
 the purpose ; here an action lies against him, if the nuisance 
 afterwards occurs, for want of such care on the part of the 
 tenant. As, if a man let out a row of houses, with a common 
 privy, to different tenants, without exacting from his tenants an 
 obligation to cleanse, with a right of entry for himself in default 
 of their doing so, he is liable if, by neglect of cleansing, a nui- 
 sance be subsequently occasioned. Nay, if a man do nothing 
 
ANCIENT LIGHTS. 59 
 
 more than simply purchase premises with an existing nuisance 
 upon them, though there be a lease for a term at the time ofthe 
 purchase, so that the purchaser has no opportunity of removing 
 the nuisance, yet by purchasing the reversion he makes himself 
 liable for the nuisance ; but if, after the reversion is purchased, 
 the nuisance be erected by the occupier, the reversioner incurs 
 no liability, but the sole remedy is against the tenant. 2 Salk. 
 460 ; 1 A. & E. 827. 
 
 Fourthly, an action lies against a contractor, or other party, 
 exercising a regular, independent employment, who, being era- 
 ployed by the owner of premises to do something about them in 
 the usual course of his employment, does it in so careless, un- 
 skilful, or insufficient a manner, that the work, while it is under 
 his immediate control and superintendence, causes a damage to 
 the neighboring premises. 2 D. & R. 33. 
 
 'Vihat are Nuisances 1 — The cases in which nuisances may 
 and do exist, are extremely numerous ; by some corruption of 
 the air ; of the water one uses as necessary, in its pure state, 
 for his family or cattle ; by some troublesome noises ; and by 
 keeping in society vicious and immoral places of resort ; and in 
 the question, if a nuisance or not, the more particular question 
 usually is, if the place complained of corrupts, in some consider- 
 able degree, the air or water, to render it unfit, or materially 
 less fit, for its usual purposes, or unwholesome ; or are noises, 
 such as to make a family very uncomfortable, introduced where 
 families are previously settled ; or are the places of resort such 
 as to essentially corrupt and injure in their natural tendency 
 good morals ; or how far the light of a house illegally darkened, 
 so as materially to injure the owner ; how far water illegally 
 thrown on his building really rots them, &c. 3 Dane's Abr. 
 ch. 74, a. 5, § 4. 
 
 Nuisances to Houses. — These are of three kinds. 1st. 
 By over-hanging. 2d. By stopping ancient lights. And 3d. 
 Corrupting the air with noisome smells. 
 
 Overhanging. — If one build a house so near his neighbor's, 
 that it throws water upon it, it is a nuisance ; and if one build 
 his house so as to overhang his neighbor's, he may remove the 
 nuisance before he is actually injured by rain falling. 2 Salk. 459. 
 
 The case of overhanging so as to cast water upon the land 
 adjoining, is clearly a nuisance to, and a trespass upon, the ad- 
 joining land. 
 
 Ancient Lights. — The uninterrupted enjoyment of lights for 
 twenty years raises a presumption in favor of the right ; and the 
 obstructing or darkening of such lights, is a nuisance. But 
 such use or enjoyment does not bind the owner of adjoining 
 land, so as to preclude him from building against, or obstruct- 
 ino-, these lights, unless he had linowledge of their existence ; 
 and the occupation of his land by a tenant is not sufficient ground 
 of itself for implying such knowledge. Thus, where lights had 
 
60 COKRUPT AIR. 
 
 been put out and enjoyed for above twenty years during the 
 occupation of the opposite premises by a tenant; that will not 
 conclude the landlord of such opposite premises, without evi- 
 dence of his knowledge of the fact, and consequently will not 
 conclude a succeeding tenant who was in possession under such 
 landlord from building up against such encroaching lights. 11 
 East. 372. 
 
 In Massachusetts and Connecticut, an adverse right to lights 
 and windows cannot be acquired by use, in any city. 
 
 There is one case where ^the law protects the enjoyment of 
 lights, though not ancient. Thus, where one sells a house 
 having doors or windows opening into a vacant lot adjoining and 
 belonging to the vender, without reserving a right to build on 
 such lot, or to stop the doors and windows, neither he nor his 
 grantee of such lot can lawfully stop them. 12 Mass. 157. 
 
 But merely intercepting the prospect without obstructing the 
 light, or opening a window, whereby the privacy of a neighbor 
 is disturbed, are not nuisances. 1 Mod. 55 ; 3 Camp. 82. 
 
 A total privation of light, however, is not necessary to sup- 
 port this action for a nuisance ; for if the plaintiff can prove 
 that by reason of the obstruction he cannot enjoy the hght in so 
 free and ample a manner as he did before, it is sufficient to 
 maintain this action. 3 D. & E. 159. 
 
 As the right to light is acquired by enjoyment, so it may be 
 lost by a discontinuance of the enjoyment, unless the party who 
 ceases to enjoy at the same time does some act to show an in- 
 tention of resuming the enjoyment within a reasonable time ; 
 and the non-user of the lights for less than twenty years, under 
 such circumstances, will deprive him of his right. Thus, if he 
 build a blank wall to his house, where the lights formerly ex- 
 isted, this is such an abandonment as will extinguish his title. 
 3 Barn. & Cr. 332. 
 
 An action does not lie against a person for erecting a fence 
 on his own land, whereby he obstructs the lights of his neighbor, 
 let the notice be what it may, if the lights be not ancient lights, 
 or his neighbor has not acquired a right, by grant, or occupation 
 and acquiescence. 13 Wend. 261. 
 
 Nor does an action lie for opening a window overlooking the 
 privacy of another; and, on the contrary, although the doing so 
 be an encroachment, the continuance thereof for twenty years 
 will ripen into a right. 13 Wend. 261. 
 
 Corrupt Air. — In regard to this, it is most difficult to de- 
 termine what is or is not a nuisance in a legal sense. The law 
 cannot punish every the least bad smell, or the least corruption 
 of the air ; if it were to do this, men would not be able to live 
 together in cities or towns. There must be some considerable 
 corruption of the air for the law to notice, ft is, therefore, 
 clearly settled, that it is no nuisance, unless the air be made 
 noxious ; but if one erects a privy, or keeps his hogs or other 
 
PUBLIC NUISANCES. 61 
 
 nois&oie animals, or Hmi'kiln, or his trade as a tanner, tallow- 
 ciiaridler, or other offensive trade, (for such ought to be earrried 
 on in their proper places,) these are nuisances, when so near 
 one's house tliat the stench makes the air unwholesome. 3 
 Dane's A.br., c. 74, a. 2, i^ U. 
 
 Nuisances to Lands. — It' one erect a smelting house for lead 
 so near the land of another, that the smoke kill the corn and 
 grass growing on the land of another, or injure the cattle there- 
 on., it is a nuisance ; and any act in itself lawful, which by being 
 done in a certain place injures the property of another, is a nui- 
 sance. 3 Black. Com. 217. 
 
 If one keep gunpowder so near buildings as apparently to 
 endanger them, it is a nuisance ; but if, at the time of setting 
 up the powder-house, no houses were near, but afterwards 
 others were erected, it is at the peril of the builder. 12 Mod. 342. 
 
 If a man sells grass on his land to a person who is to cut it 
 and carry it away by such a time ; and that person mows it, and 
 suffers it to lie there, after the time agreed for its removal, and 
 it rots and kills the grass, it is a nuisance. 1 Com. D. 292, 
 293; Willis, 71. 
 
 If a person have a right of way across another's land, and the 
 owner of the land obstructs him in the use of it, either by totally 
 stopping it, or putting logs across it, or ploughing over it, it is a 
 nuisance. 3 Black. Com. 218. 
 
 It is a nuisance to stop or divert water that runs to another's 
 meadow or mill ; or to corrupt or poison a water course, by 
 erecting a dye-house or a lime-pit for the use of trade, in the 
 upper part of a stream. 3 Black. Com. 218 ; 2 John's Gh. R. 164. 
 
 The disturbance of mill owners in the enjoyment of their 
 lights, holh in diverting- the water, and ia flooding their mills 
 with an excess of water beyond their rights, is a nuisance. 22 
 ^ok. 333. 
 
 The existence of a nuisance, for a long period of time, as, for 
 twenty years, is sufficient to establish a prescriptive right to 
 maintain such nuisance ; and it is, therefore, a good defence to 
 an action of nuisance, that the nuisance has existed for twenty 
 years. And a party injured has no right to abate a nuisance of 
 twenty years standing. 
 
 Public Nuisances. — Every unauthorized obstruction of a high- 
 way to the annoyance of the citizens, is an- indictable offence 
 and a nuisance ; and independently of any legal proceedings, it 
 appears that any person may lawfully abate a public nuisance, 
 at least if it be placed in the middle of a highway, and obstruct 
 the passage of those travelling over the road. But though a 
 party may remove the nuisance, yet he cannot remove the 
 materials, or convert them to his own use ; and so much of the 
 thing only as causes the nuisance ought to be removed. — 3 
 Salk. 458. ' 
 
 One who is injured by an obstruction placed unlawfully in a 
 highway, cannot maintain an action for damages if it appears 
 
62 ABATEMENT OF NUISANCES. 
 
 that he did not use ordinary care, by which the obstruction 
 might have been avoided. Thus, where the plaintiff, who was 
 riding violently in a public highway, was thrown down with his 
 horse, and injured by moans of an obstruction placed there by 
 the defendant ; it was proved, that if the plaintiff had not ridden 
 very hard he might have seen the obstruction and avoided it, 
 and on this ground he failed in the action. 2 Pick. 624. 
 
 Abatement of Nuisances. — There are two ways to redress 
 a nuisance ; one by action, by which the party injured recovers 
 damages and has judgment that the nuisance shall be removed ; 
 the other, where the party injured abates the nuisance himself. 
 The abatement of a nuisance by the party injured, does not, 
 however, preclude him from bringing an action to recover the 
 damages sustained by him anterior to such abatement. 4 Conn. 
 418. 
 
 If a man on his own soil erect a thing which is a nuisance to 
 another, as by stopping a rivulet, and so diminishing the water 
 used by him for his cattle, the party injured may enter on the 
 soil of the other and abate the nuisance, and justify the trespass. 
 So if one erects a gate across a way, which ought not to be there, 
 or otherwise unlawfully obstructs the way, any one who has a 
 right to pass over the way, may remove the obstruction. So if 
 any one erects a building, shed or wall, so as to obstruct anaenZ 
 lights, though on his own land, it is a private nuisance ; and the 
 owner of the ancient lights may peaceably enter on his land and 
 pull it down. So if a man has a hog-stye or other thing on his 
 land, that corrupts the air in and about his neighbor's house, and 
 makes it unwholesome, his neighbor may lawfully remove the 
 nuisance. So if one builds a house so near his neighbor's that 
 it throws water upon it, his neighbor may abate so much as over- 
 hangs or projects beyond the line ; but he who abates must be 
 careful he abates no more than overhangs, as no more is a nui- 
 sance. 2 Smith 9. 
 
 Great care should be taken in abating a nuisance, not to re- 
 move or pull down anything more, than is absolutely necessary 
 for the abatement of the nuisance, as otherwise the party will 
 render himself liable to an action of trespass. If indeed the nui- 
 sance is of so simple a character, that there cannot possibly be 
 any mistake as to the extent of the nuisance, as a gate wrong- 
 fully erected across a way, or the obstructing of a stream, &c.: 
 orif the injury occasioned by the nuisance be immediate anci irre- 
 parable, of such a nature that no pecuniary compensation, which 
 the party injured might recover by an action at law, could satis- 
 fy the wrong done him, then the most effectual remedy is for him 
 to abate the nuisance himself But where this is not the case, 
 the party had better resort to an action of law, wherebv he will 
 recover damages for the injury done him, and have the nuisance 
 abated by the' officers of the court, and thus avoid the danger df 
 being sued for trespass. 
 
 A thing in a situation to be a nuisance cannot be abated till it 
 actually becomes one. 12 Mod. 519. 
 
NEGLIGENCE. 63 
 
 The abater of a private nuisance cannot remove the materials fur- 
 ther than is necessary, or convert them to his own use. 1 Stk.173. 
 
 It is a general rule that the abatement must be limited by its 
 necessity, and no vpanton or unnecessary injury must be com- 
 mitted. 2 Salk. 488. 
 
 Negligence. — Where notice had been giVen to the occupier 
 of adjoining premises of an intention to pull dovpn, and remove 
 the foundations of a building, or part of the footing of one of 
 the walls on which one of the walls of such adjoining premises 
 rested, it was held, that the party giving notice was only bound 
 to use reasonable and ordinary care in the work, and was not 
 bound in any other Avay to secure the adjoining premises from 
 injury, although, from the pecuUar nature of the soil he was 
 compelled to lay the foundation of his new building several feet 
 deeper than that of the old. 4 Car. & P. 161. 
 
 But if the adjoining house was an anaent one, or had been 
 erected for a long period of time, as for twenty years, then it 
 would have a right to the support of such wall, and an action 
 would lie for its removal. 3 B. & Add. 87. 
 
 It is a rule of law that every person must use his own pro- 
 perty, so as not to injure or destroy, that of his neighbor; and 
 it is now settled that the owner of premises adjoining those 
 pulled down must shore up his own on the inside, and do every 
 thing proper to be done upon them, for their preservation. But 
 in an action for an injury to the plaintiff's premises, in con- 
 sequence of the pulling down of the defendant's house adjoining, 
 the plaintiff may recover damages for any injury actually caused 
 by the negligence of the defendant, although he has not himself 
 used those precautions, which it was his duty to adopt against 
 such injury. 3 Moody & M. 362. 
 
 An action lies against a party who by carelessness or negligence 
 in excavating his own ground, either causes or accelerates the fall 
 of an adjoining house. 3 Nev. & Mar. 739. 
 
 A person who has a flap-door in the foot of the pavement of 
 the street, opening into a cellar underneath his house, is bound, 
 when he uses it, to conduct his business with such a degree of 
 care, as will prevent a reasonable person, acting himself with 
 an ordinary degree of care, from receiving any injury by it. 4 
 Car. & P. 337. 
 
 It is universally the duty of the occupier of a house having an 
 area fronting a public street, so to fence it as to make it safe to 
 passengers, and it is no defence to an action against him for 
 neglecting so to do, whereby the plaintiff fell down into the area, 
 and was hurt, that when he took possession of the house, and 
 as long back as could he remembered, the area was in the same 
 open state as when the accident happened. 3 Camp. 398. Wood- 
 fall's Land. & Ten. 849. 
 
 If the owner of a house is bound to repair it, he, and not the 
 occupier, is liable to an action on the case for an injury sustained 
 by a stranger from the want of repair. 2 H. Black. 349. 
 
64 PRIVATE WATS. 
 
 An action lies against a party for so negligently constructing 
 and keeping a hay rick on the extremity of his land that in con- 
 sequence of its spontaneous ignition, his neighbor's house is 
 burnt down. 3 Bing. N. C. 468. 
 
 OP PRIVATE WAYS. 
 
 A right of way over another man's land may arise either by 
 ^rani of the owner of the soil, or by prescription which supposes 
 a grunt, or from necessity. 1 Rol. Abr. Chemin private, 10. 
 
 By Grant. — A grant of a right of way, to be valid, must 
 be by deed; so also must a release. 9 Mete. 402. 
 
 Where a right of way is granted, without any designation of 
 the place in the deed, it becomes located by usage for a length 
 of time. And being so located, it cannot afterwards be changed 
 by the grantor.* But if changed, and the grantee has, for a 
 length of time, used the new road, his acquiescence in the al- 
 teration wUI be presumed. 12 John. S32. 
 
 TJndei a grant of a way from one close to another, in, 
 through, and along a particular way, the grantee is not justified 
 in making a transverse road across the same. So a reservation 
 in a lease of a right of way on foot, and for horses, oxen, cattle, 
 and sheep, does not give any right of way to carry manur" 
 And it has been decided, also, that a right of way for agricul- 
 tural purposes is a limited and qualified right of way, and does 
 not necessarily confer a right to use such way for general and 
 universal purposes. And generally a grant of a right of way is 
 construed strictly, and the grantee cannot use the way for any 
 other purpose than that for which it was granted. 1 T. R. 560; 
 1 Ad. & E. N. S. 792 ; Holt, 4.55. 
 
 Under a grant of a right of way across the grantor's lot of 
 land, the grantee has not a right to enter at on/b place, go 
 partly across, and then come out at another place on the same 
 side of the lot ; and parol evidence to show that such was the 
 intention of the grant is inadmissible. Held, also, that drag- 
 ging timber from the grantee's lot upon the grantor's land, for 
 the purpose of turning it round, was a misuse of the right of way. 
 5 Pick. 163. 
 
 The owner of land, over which his grantor has reserved a 
 passage-way, may lawfully cover such passage-way with a 
 building, if he leave a space so wide, high, and light, that the 
 way is substantially as convenient as before for the purpose for 
 which it was reserved. And he is not liable for damages, al- 
 though the passage-way, by reason of its being so covered, be- 
 comes to a greater extent the resort of strangers, to the annoy- 
 ance of the grantor. 2 Mete. 457. 
 
 All which the person having this easement can lawfully 
 claim is the use of the surface for passing and repassing, with 
 a right ;o enter upon and prepare it for that use, by levelling, 
 
BY GRANT. BY PRESCRIPTION. 65 
 
 gravelling, ploughing, or paving, according to the nature of 
 the way granted or reserved ; that is, for a foot-way, a horse- 
 way, or a way for all teams and carriages ; and the owner of 
 the soil has all the rights and benefits of ownership consistent 
 with such easement. When no dimensions of a way are ex- 
 pressed, the dimensions must be inferred to be such as are 
 reasonably sufficient for the accomplishment of the object, if 
 it be a footway only, it shall be reasonably wide and high for 
 all persons to pass on foot with such things as are usually car- 
 ried by foot passengers. If it be a way for teams and carriages, 
 it shall be of sufficient height and breadth to admit of carriages 
 of the largest size in common use, and high enough for loads 
 of hay and other similar vehicles usually moved by teams. 2 
 Mete. 457 ; 6 Mass. 454. 
 
 The grantee, and not the grantor, of a right of way must , 
 keep it in repair ; and if the way become impassable from 
 want of repairs, the grantee carmot deviate from the way and 
 pass over on the adjoining land. Thus, it is no defence to an 
 action, that the defendant has a right of way over part of the 
 plaintiff's land, and that he had gone upon the adjoining land 
 because the way was impassable from being overflowed by a 
 river. 12 John. 222 ; 2 Doug. 745. 
 
 But though the grantor of a right of way is not liable for 
 suffering it to be out of repair, unless he is bound by contract 
 or prescription to keep it in repair, yet he is liable for stopping 
 it. 12 Mass. 65. 
 
 By Prescription. — In most of the States, the adverse en- 
 joyment of a right of way for twenty, years establishes an 
 absolute right to the way, and is a legal bar to any action 
 brought by the owner of the soil against the person using the 
 way ; and, in some of the States, even a less time than twenty 
 _ ears is sufficient to establish such right — as in Vermont and 
 Connecticut fifteen years are held sufficient. But in New 
 Jersey and Pennsylvania, no length of time is sufficient to 
 confer an absolute right ; though the enjoyment of a right of 
 way for a long time, as for twenty years, would raise a pre- 
 sumption of a grant, and, unless rebutted by other evidence, 
 would warrant a jury in deciding against the owner of the soil, 
 and in favor of the person using the way. 2 Brown's Penn., 
 R. 292 ; 3 Halst. N.J. R. 125. 
 
 To support a claim to a right of way to and from an estate 
 by twenty years' adverse possession, the claim must be shown 
 to have been uninterrupted. Hence, if A. has adverse pos- 
 session for two years only, and conveys his estate, several years 
 afterwards, to B., who has adverse possession for eighteen 
 years, tb.e two years' possession by A. cannot be added, in 
 order to make up the twenty years. 7 Mete. 33. 
 
 Neither acts of courtesy, nor convenience, can give one a 
 right of way over another's land. 3 M'Cord, 131. 
 
 L. & T. 6 
 
66 KECESSITT. HIGHWAY. RTJNNTNG WATEK. 
 
 A right of way is not lost by a non-user for any period less 
 than twenty years. 10 Pick. 311. 
 
 By Necessity. — If a man, having two parcels of land, to 
 one of which he has no access, exeept over the other, convey 
 snch inaccessible parcel, the grantee has a, right of way to it 
 over the other parcel, as incident to the grant. So if tha own- 
 er convey the accessible parcel, retaining the inaccessible one, 
 a right of way to the latter over the former is reserved to the 
 grantor. A person claiming a right by necessity is entitled, 
 however, only to a convenient way over the other's land, and 
 will have no right to pass over it wherever he pleases. He 
 must select a suitable roivte for his way ; but in doing it he 
 must regard the interest and convenience of the owner ef the 
 land ; and when he has done it he will be- conlined to the same 
 way, and may not change its course according to his wishes or 
 caprice. 3 Cru.ise's Dig. 124 ; 24 Pick. 102 ; 15 Conn. 39. 
 
 Thus, if one has a right ef way by necessity over the land of 
 another, he is bound to use it so as to occasion the least possible 
 inconvenience to the owner of the land. All that a person en- 
 tilled to such an easement can reasonably elaim, is a convenient 
 way ; and if this is allowed him by the owner of the land, he 
 has no cause to complain. 2 Pick. 578. 
 
 A right of way by necessity cannot be claimed by one who 
 has a way over hiaown ground, however inconvenient that may 
 be. 3 Rawle, 492. 
 
 A way of necessity is limited by the necessity which created 
 it ; and when such necessity ceases, the right of way also 
 ceases ; therefore, if at any subsequent period, the party for- 
 merly entitled to such way can approach the place to which it 
 led, by passing over his own land by as direct a course as he 
 would have done by using the old way, such way ceases- to ex 
 ist as of necessity. 2 Bing. 76 ; 15 Conn. 39. 
 
 Highway. — By the common law, the fee sn the soil remains 
 in the original owner, where a public road is made upon it, but 
 the use of the road is in the public. The owner parts with these 
 only ; for if the road should be vacated by the public, he resumes 
 the exclusive possession of the ground ; while it is used as a 
 highway, he is entitled to the limber and grass which may grow 
 upon the suifaee, and to all the minerals which may be found 
 below it. He may bring an action of trespass against any one 
 who obstructs the road. 6 Pet. 498. 
 
 There is a temporary right of way over the adjoining land, if 
 the highway be out of repair, or be otherwise impassable, as 
 by a flood. Doug. R. 745. 
 
 Running Water. — Every man, through whose land water 
 passes, may use it for watering his cattle or irrigating, and he 
 may do this, either by dipping water from the brook and pour- 
 ing it upon his land, or by making small sluices for the same 
 purpose ; but he must use it in this latter way so as to do the 
 
RIOEITY OF OCCUPANCY. 67 
 
 Jeast possible injury to his neighbor, who has the same right. 
 And where the owner of land through which a natural stream 
 flows, diverts the water for the purpose of irrigation, without 
 returning the surplus into the natural channel, whereby the 
 owner of land below, entitled to use the water in the same 
 manner, is deprived of his privilege, an action lies. Streams of 
 water are intended for the use and comfort of man, and every 
 proprietor is entitled to a reasonable use of the water, and may 
 apply it to domestic, agricultural, and manufacturing purposes ; 
 but not so as to destroy or materially diminish, or affect the ap- 
 plication of the water by the proprietors below on the stream. 
 5 Pick. 175 ; 12 Wend. 331. 
 
 Where several owners of mill-seats on a running stream have 
 a common and equaj right to the use of the water, though no 
 action lies against the owner of a, mill above for any damage 
 which the owner of a mill below may incidentally suffer from 
 the reasonable use of the water by the former for his own benefit ; 
 yet the owner of the mill above has not an unlimited right to 
 use the water as he pleases, or to stop the natural flow of the 
 stream, so as to destroy or render useless the mills below. And 
 if he shuts down his gate, and detains the water 'far an unreason- 
 able time, or lets it out in such unusual quantities as to prevent 
 the owner of the mill below from using it, or deprive him of a 
 reasonable and fair participation in the benefit of the stream, he 
 is answerable for the damage thus sustained. 17 John. 306. 
 
 The owner of an ancient mill may change the character and 
 use of his mil at pleasure, without impairing his right to the 
 water, if he does not thereby injure his neighbor's mill, and re- 
 turns the water again to its ancient channel, 8 Greenl. 253. 
 
 The exclusive enjoyment of the use of water in a particular 
 way for twenty years is sufficient to raise a presumption of title 
 to such use ; and it is not necessary that the water should have 
 been used precisely in the same manner or to propel the same 
 machinery. So after twenty years' uninterrupted enjoyment ol 
 a spriag of water, an absolute right to it is gained 'by the occu- 
 pier of the close in which it issues above ground ; and the owner 
 of an adjoining dose cannot lawfully cut a drain whereby the 
 supply of water by the spring is diminished. 3 Page R. 67C, 
 1 Camp. 463, 
 
 A mill privilege cannot be considered as extinguished or 
 abandoned by disuse, until such disuse, entire and complete, has 
 continued twenty years. 7 Mete. 94. 
 
 Mere priority of occupancy of the flowing water of a river 
 creates no right ; and an adverse enioyment of water in astream, 
 for any period less than twenty years, is not sufiicient to estab- 
 lish a right by prescription. 5 N. Hamp. 231. 
 
 Where a right exists to use a certain quantity of water, a 
 «hange in the mode or objects of the use, without increasing the 
 <}uaatity, is no violation of the right. 2 N. Hamp. 255. 
 
STATE LAWS 
 
 RELATING TO 
 
 LANDLORD AND TENANT. 
 
 CHAPTER III. 
 
 , MAINE. 
 
 Chap. 95. Sec. 17. A widow may remain in the house of her 
 husband, ninety days after his death, without being charjjeable 
 with rent therefor. 
 
 Sec. 19. All tenancies at will may be determined by either 
 party, by three months' notice in writing, for that purpose given 
 to the other party ; and, when the rent, due upon such lease, is 
 payable at periods of less than three months, the time of such 
 notice shall be sufiicient, if it be equal to the interval between 
 the days of payment ; and, in all cases of neglect or refusal to 
 pay the rent due on a lease at will, thirty days' notice to quit, 
 given in writing by the landlord to the tenant, shall be sufficient 
 to determine the lease. 
 
 Sec. 20. The preceding section shall not be construed to ex- 
 tend, or be applicable to the proceedings in cases of forcible 
 entry and detainer, or the notice required in such cases. Oh 
 complaint made in writing and on oath, of any unlawful or for- 
 cible entry into any lands or tenements, a summons shall be 
 served on the tenant seven days at least, before the day set for 
 trial, &c. 
 
 Chap, 125. Sec. 40. When any lot, or parcel of land, or any 
 mill privilege shall be leased for the purpose of having a house, 
 shop, mill, or other building erected, or placed thereon, and 
 reTit is reserved in the lease, all the buildings erected as afore- 
 said, together with all the interest which the lessee before had, 
 or may have in the premises, by force of such lease, shall re- 
 main liable to be attached by any such lessor, or his assignee, 
 to secure the rent due on such lease, notwithstanding any pre- 
 vious transfer of property by the lessee ; provided such attach- 
 ment be made within six months from the time such rent be- 
 comes due. 
 
 Suits must be commenced within six years. Also, all actions 
 for waste. 
 
 Chap. 128. Sec 1. Any justice of the peace in the county 
 ill which he resides shall have jurisdiction in all cases of forci- 
 
MAINE STATUTES. €9 
 
 He entry and detainer, except in a city or town where there is 
 a municipal or police court. 
 
 Sec. 2. On complaint made to him, in writing and on oath, 
 of any unlawful and forcible entry, into any lands or tenements, 
 or any unlawfui and forcible detainer, he shall issue his warrant, 
 under hand and seal, directed to the sherilT or his deputy, or a 
 constable of the town where the person charged resides, to sum- 
 mon him to show cause why judgment should not be rendered 
 against him ; which summons shall be served upon him by read- 
 ing the same in his presence and hearing, or by delivering him 
 a copy, or lea-ving it at his last and usual place of abode, seven 
 days at least before the day set for trial. 
 
 Sec. 3. Onteturn of such service, in case of the -non-appear- 
 ance and default of the party charged, or his failing to shew 
 sufficient cause, judgment shall be rendered against him for pos- 
 session of the premises, and the justice shall issue a writ of 
 possession to remove him. 
 
 Sec. 4. Should the defendant plead not guilty to the com- 
 plaint, and file a brief statement of title in himself or some oth- 
 er person under whom he claims the premises in question, the 
 justice shall thereupon order him to recognize to the complain- 
 ant, with sufficient sureties, in sach sum as the justice shall 
 crder, to pay all interv-ening damages and costs, and reasonable 
 intervening rent for the premises ; and said justice shall require 
 the complainant to recognize to the defendant, with sufficient 
 sureties, in a reasonable sum, conditioned to enter the action at 
 the next district court, and pttisecute the same to iinal judgment, 
 and pay all costs adjudged against him; and, if either party 
 shall refuse so to recognize, said justice shall enter judgment, 
 as in case of non-suit or default, against the parly so neglecting 
 or refusing. Either party may appeal from the judgment of 
 the justice, Hpon issue joined, to the next district court, recog- 
 nizing, as aforesaid, to pay such costs as may be adjudged 
 against him ; and if the defendant shall appeal, he shall recog- 
 nize to pay such reasonable intervening rent for theipremises, as 
 such justice shall adjudge, in case his judgment shall not be re- 
 versed on such appeal. 
 
 Seo. 5. Whenever a tenant, whose estate in the premises is 
 determined, shall unlawfully refuse to quit the same, after thirtv 
 tlays' notice in writing, given by the lessor for that purpose, he 
 shall be liable to the provisions of this act ; provided he shall 
 not have been in quiet possession of the premises three whole 
 years next preceding the filing of such complaint. 
 
 Seo. 6. Every municipal and police ■court, now established, 
 or which may be established, in any city or town, shall have ex- 
 clusive jurisdiction of all cases of forcible entry and detainer, 
 arising in the city or town where such court is or shall be estab- 
 lished ; and concurrent jurisdiction with justices of the peace 
 ♦and quorum in such cases arising in the counties in which they 
 are or shall be respectively established. 
 
 L. fc T. 6* 
 
70 NEW HAMPSHIRE STATUTES. 
 
 NEW HAMPSHIRE. 
 
 Page 224, Sec. 1. Any lessor, or owner of any lands or ten- 
 ements, may at any time determine any lease at will, or ten- 
 ancy at sufferance, by giving to the tenant, or occupant, a no- 
 tice in writing to quit the same at a day therein named. 
 
 Sec 2. If any tenant, or occupant, neglects, or refuses to pay 
 the rent due and in arrear, upon demand, seven days' notice 
 shall be sufficient. If the rent is payable more frequently than 
 once in three months, whether such rent is due or not due, 
 thirty days' notice shall be sufficient, and three months' notice 
 shall be sufficient in all cases. 
 
 Sec. 3. If any lessee shall violate the condition of any writ- 
 ten lease, notice to quit at the end of seven days shall be suflS- 
 cient and equivalent to an entry for condition broken. 
 
 Sec. 4. If any lessee shall hold over after the expiration of a 
 definite written lease, seven days' notice shall be sufficient. 
 
 Sec. 5. Every tenancy, or occupancy, shall be deemed to be 
 at will, and the rent payable upon demand, unless a different 
 eontract is shown. 
 
 Sec. 6. Any lessee may terminate his lease by notice in wri- 
 ting in the same manner as the lessor, and such notice shall 
 have the same effect for all purposes as a notice by the lessor to 
 the lessee. 
 
 Sec. 7. The o'dener or lessor of any tenement or real estate, 
 may recover possession thereof, against any lessee or occupant, 
 holding the same without right, after a notice to quit the same 
 in the manner herein prescribed. 
 
 Seo. 8. A writ of summons may be issued, returnable before 
 a justice, which shall set forth in substance, that the plaintiff is 
 entitled to the possession of the demanded premises, and that 
 the defendant is in possession of the same without right, after 
 notice in writing to quit the same. 
 
 Sec. 9. Such writ shall be served seven days before the re- 
 turn day thereof. 
 
 Sec. 10. If the defendant shall make default, or if on trial it 
 shall be considered by the justice that the plaintiff has sustained 
 his complaint, judgment shall be rendered, that the plaintiff re- 
 cover possession of the demanded premises and costs. 
 
 Sec. 11. a writ of possession shall be thereupon issued by 
 said iustice substantially in the form prescribed by law, in the 
 case of Uke writs issued in the court of common pleas. 
 
 Sec. 12. If the plaintiff shall neglect to enter his action, or to 
 support the same, judgment shall be rendered for the defendant 
 for his costs. 
 
 Sec. 13. Under the general issue the defendant shall not be 
 allowed to offer any evidence which may bring the title to the 
 demanded premises in question. 
 
 Sec. 14. If the defendant shall plead any plea which may 
 bring in question the title to the demanded premises, he shall re- 
 
VERMONT STATnTES. 71 
 
 cognize to the plaintiff, with sufficient sureties, in such sum as 
 the justice shall order, to enter and prosecute said action at the 
 next court of common pleas for the county, and to pay all rent 
 then due, or which shall become due, pending said action, and 
 the damages and costs which may be awarded against him. 
 
 Sec. 15. If the defendant shall neglect or refuse so to recog- 
 nize, judgment shall be rendered against him in the same man- 
 ner as if he had refused to make answer to the suit. 
 
 Sec. 16. After the filing of such plea, and the entry of such 
 recognizance, no further proceedings shall be had before such 
 justice, but the action may be entered and prosecuted in the 
 court of common pleas in the same manner as if it had originally 
 commenced there. 
 
 Sec. 17. Any party may, within two hours after the rendition 
 of such judgment, appeal to the next court of common pleas for 
 the county. 
 
 Sec. 18. The plaintiff, before his appeal is allowed, shall re- 
 cognize to the defendant with sufficient sureties, in such sum as 
 the justice may order, to enter and prosecute his appeal and to 
 pay such costs as may be awarded against him. 
 
 Sec. 19. The defendant, before his appeal is allowed, shall 
 recognize to the plaintiff, with sufficient sureties, in such sums 
 as the justice may order, to enter and prosecute his appeal, and 
 to pay all rent then due, or which may become due pending such 
 suit, and such damages and costs as may be awarded against 
 him. 
 
 Sec. 22. Nothing in this chapter shall be construed to pre- 
 vent any landlord from pursuing his legal remedy at common law. 
 
 Page 243. No lease for more than seven years from the 
 making thereof, shall be valid to hold the same against any per- 
 son but the grantor and his heirs only, unless such lease be at- 
 tested by two or more witnesses, acknowledged and recorded in 
 the registry of deeds in the county in which such lands lie. 
 
 Any person interested in such lease may cause the same to 
 be recorded. 
 
 VERMONT. 
 
 Chap. 60, Sec. 6. No lease for more than one year from 
 the making thereof, of any lands in this state, shall be good and 
 effectual in law, unless the deed thereof be acknowledged and 
 recorded, &c. 
 
 Sec 23. The assignment of any lease of lands, if the lease 
 is for a longer term than one year, shall be by deed, signed, 
 Baled and witnessed, acknowledged and recorded. 
 
 Sec. 13. Tenants in common of any lands may join in any 
 ction which concerns their common interest in any such lands. 
 
 Sec. 14. fn actions of ejectment for non-payment of rent, the 
 plaintiff shall not be required to prove a demand of the rent in 
 
72 VERMONT STATUTES. 
 
 atrear, or a re-entry on the premises, but shall recover judgment 
 in the same manner as if the rent in arrear had been legally de- 
 manded and re-entry made ; but if the defendant in any such 
 action, at any time before final judgment, shall pay into court 
 the rent in arrear, with the interest and costs of suit, such ac- 
 tion shall be discontinued. 
 
 Sec. 31. The plaintiff, in an action of ejectment, shall recov- 
 er nothing for the mesne profits of the land, except on such im- 
 provements as were made by him or those under whom he claims. 
 
 Chap. 4S. Sec. 13. When any person, wrongfully and with- 
 out force, shall obtain, or continue in possession of any lands or 
 tenements, and after demand made in writing for the delivery of 
 the possession thereof, by the person entitled to such possession, 
 or his agent or attorney, shall refuse or neglect to quit such 
 possession ; upon complaint thereof, in writing, to two justices 
 of the peace, one of whom shall be a judge of the county court, 
 they shall proceed to hear, try, and determine the same in like 
 manner as in cases of forcible entry and detainer, and issue a 
 writ of restitution accordingly. 
 
 Sec. 14. The preceding section shall not be construed to 
 apply to any case where a person with, or without force, holds 
 over any lands or tenements after the determination of the time 
 for which the same were leased, or demised, by a written lease, 
 or ejectment, accepted by the tenant, or to any person holding 
 under the lessee. 
 
 Sec. 15. When any person shall wilfully, and with or with- 
 out force, hold over any lands or tenements after the termination 
 of the time for which they were demised or let to him, or the 
 person under whom he claims, by a written lease or agreement, 
 and after demand made, in writing, for the delivery of the pos- 
 session, by the person entitled to the same, his agent or attor- 
 ney, shall refuse or neglect to quit such possession upon com- 
 plaint thereof, in writing, to any justice of the same county, 
 such justice, by a jury of six men, empanelled in the same man- 
 ner as juries are by law empanelled to attend justice's courts, 
 shall proceed to hear, try and determine the same in like manner 
 as in cases of forcible entry and detainer, and issue a writ of 
 restitution accordingly.* 
 
 Sec 18. The complainant shall have a right to an action of 
 trespass against the person complained of, and who, on trial, 
 shall be found guilty, to recover treble damages from the time 
 of notice given to quit the premises, and until that time, the 
 real damages only. 
 
 * In the above cases, the original process is by summons and attachment as 
 in civil suits, and the person complained against is not liable to be fined ; and 
 any person who shall have remained three years in quiet possession of the 
 premises, beyond the time for which they were demised, shall not be subject 
 to the above provisions. 
 
MASSACHUSETTS STATUTES. 73 
 
 MASSACHUSETTS. 
 
 No bargain and sale, or other like conveyance, of any estate 
 in fee simple, fee tail, or for life, and no lease, for more than 
 seven years from the making thereof, shall be valid and effec- 
 tual, against any person, other than the grantor, and his heirs 
 and devisees, and persons having actual notice thereof, unless 
 it is made by a deed duly acknowledged, and recorded in the 
 registry of deeds for the county or district where the land lies. 
 
 When land is demised for the term of one hundred years or 
 more, the term shall, so long as fifty years thereof remain un- 
 expired, be regarded as real estate, so far as concerns the levy- 
 ing of an execution thereon ; but all other terms for years shall 
 be seized and sold on execution, in the same manner as personal 
 property. 
 
 An action may be brought by and against executors and ad- 
 rainistratoTS, for any arrears of rent accrued in the lifetime of 
 the deceased parties. 
 
 Upon neglect or refusal to pay the rent due according to the 
 terms of any written lease, fourteen days' notice to quit, given 
 in writing by the landlord to the tenant, shall be sufficient to 
 determine the lease. 
 
 Estates at will may be determined by either party, by three 
 months' notice in writing for that purpose given to the other 
 party ; and when the rent reserved is payable at periods of less 
 than three months, the time of such notice shall be sufficient if 
 it is equal to the interval between the days of payment ;* and in 
 all cases of neglect or refusal to pay the rent due on a lease at 
 will, fourteen days' notice to quit given in writing by the land- 
 lord to the tenant, shall be sufficient to determine the lease. 
 
 * A tenant at will, paying by the week, month, or quarter, must give, or 
 receive a written notice to quit, for the same period of lime ; and the expira- 
 tion of the notice must be at tlie expiration of the quarter,month, or week. If 
 there be a lease for a certain time, no notice is necessary, as the time of ter- 
 mination is presumed to be known by* both parties. 
 
 A [writien] notice to quit and deliver up the premises, held under an oral 
 lease, which does not state or describe the cause for which it is given, nor 
 the time wlien the tenant is required to quit, is insufficient to determine the 
 lease. 2 Gray R. 224,335. 
 
 In a general lease of a warehouse, or store, there is no implied warranty 
 that the building is safe, well built, or fit for any particular u=e. 9 Cush. 89. 
 
 Where a conlract of hiring contains no -warranty, express or implied, that 
 the premises are fit for the purpose for ■which they are hired, evidence is not 
 admissible of the declarations of the lessor to that effect made at the time of 
 the hiring, ib. 
 
 In a lease of a house, for habitation, there is no implied covenant that it is 
 fit for habitation, ib. 242. 
 
 But, if the landlord has been guilty of any fraudulent concealment of defects, 
 ■which ought in good faith to have been disclosed, or has resorted to any mis- 
 representation calculated to mislead the tenant in some important particular, 
 as to the state and condilion of the premises, the contract ■would be void, and 
 the tenant be discharged from the rent. Ante, pa^e 39, 40. 
 
74 MASSACHUSETTS STATUTES. 
 
 No person shail make an entry into lands or tenements, ex- 
 cept in cases where his entry is allowed by law ; and in such 
 cases he shall not enter with force, but in a peaceable manner. 
 
 When a forcible entry is made, or when a peaceable entry is 
 made and the possession unlawfully held by force, or when the 
 lessee of lands or tenements, or a person holding under him, 
 holds possession without right after the determination of the 
 lease by its own limitation, the person entitled to the premises 
 may be restored to possession in the manner hereinafter provided. 
 
 When a lease in writing is determined [in the manner pro- 
 vided in the 4th paragraph of preceding page,] the lessor and 
 his assigns may be restored to the possession of the premises in 
 like manner : provided, that when a suit is brought under this 
 chapter to recover the possession by reason of such termination, 
 if the tenant shall, four days at least before the return day of 
 the writ, pay or tender to the landlord or his attorney the rent 
 due, with interest thereon and all costs of suit, the lease shall 
 be in force. But nothing herein contained [or in said para- 
 graph] shall affect any other rights or remedies on the part of 
 the lessor provided in the lease. 
 
 No restitution shall be made under the provisions of this 
 chapter of any lands or tenements of which the defendant, or 
 his ancestors, or those under whom he holds the premises, have 
 been in the quiet possession for three years next before the com- 
 mencement of the suit, unless his estate therein is ended. 
 
 The person entitled to the possession of the premises may 
 take from a justice of the peace, or police or justices' court, a 
 writ in the form used for an original summons in common civil 
 actions before such justices or courts, in which the defendant 
 shall be summoned to answer to the complaint of the plaintiff, 
 for that the defendant is in possession of the lands or tenements 
 in question, describing them, which he holds unlawfully and 
 against the right of the plaintiff, as it is said; and no other de- 
 claration shall be required.* 
 
 The writ shall be served seven days at least before the return 
 
 * A lessor under an oral agreement to pay rent quarterly in advance, and 
 upon condition, that when he fails to do so, he shall leave the premises, is li- 
 able, on his failure so to pay rent, to the landlord under [the above] proce^is 
 without previous notice. 1 Gray R. 571. 
 
 55- Commonwealth of Massachusetts. 
 
 To the Sheriff of the said County of M. or either of his Deputies, or the Con- 
 stables of the town of S. within the said County, or to any or either of Ihem, 
 
 Greeting: 
 We command you to summon A. B., of, &c.<if he maybe found in your 
 precinct) lo appear before me, S. B., Esquire, one of the justices of the peace 
 
 for the counly aforesaid, at , in S. on the • day of at ten o'clock in 
 
 'he noon ; then and there to answer to the complaint of C. D. of, &c., for 
 
 thai the said A. B. on the day of the date hereof, is in possession of, &c. 
 
 which premises he holds unlawfully, and against the right of the plaintiff, as 
 It IS said, as shall then and there appear. And make return of this writ, ami 
 your doings therein. Dated the — day of—, A. D. 185. S. B., J. of the P. 
 
RHODE ISLAND STATUTES. 75 
 
 day, and the suit shall be conducted like other civil actions be- 
 fore such justices or courts. 
 
 If it appears by default or on trial that the plaintiff is entitled 
 to the possession of the premises, he shall have judgment and 
 execution for the possession and for his costs. 
 
 If the plaintiff becomes nonsuit, or fails to prove his right to 
 the possession, the defendant shall have judgment and execu- 
 tion for his costs. 
 
 "When judgment is rendered for the plaintiff for restitution, 
 and the defendant appeals therefrom, or when the defendant re- 
 moves the case [as is prescribed in cases of appeal from justices 
 of the peace in other civil actions] he shall before such appeal 
 or removal is allowed, recognize to the plaintiff with sufficient 
 surety or sureties, to enter the action, to pay all rent then due, 
 all intervening rent, and all damages and loss which the plain- 
 tiff may sustain by reason of the withholding of the possession 
 of the demanded premises, and by reason of any injury done 
 thereto during such withholding, together with all costs, until 
 the restitution of the possession thereof to the plaintiff, in case 
 the judgment from which the appeal is made shall be affirmed. 
 
 If the case is transferred at the request of the defendant upon 
 any plea or suggestion by him that brings in question the title 
 to the freehold, and if it appears to the court in which the action 
 is determined, that the defendant originally entered on the prem- 
 ises under a lease from the plaintiff, or from any person under 
 whom the plaintiff claims, or that he held them under any such 
 lease, and that his said plea or suggestion was frivolous and 
 intended for delay, the court shall cause a certificate thereof to 
 be entered on the record, and the defendant shall thereupon be 
 liable to pay double the yearly value of the demised premises 
 from the time of the notice to quit the same. 
 
 The judgment in such action shall not be a bar to any action 
 thereafter to be brought by either party to recover the premises 
 in question, or damages for any trespass thereon. 
 
 Keeping a house of ill fame vacates the lease, at the option 
 of the lessor. 
 
 When a tenant paying rent for real estate shall be taxed 
 therefor, he may retain out of his rent one-half of the taxes 
 paid by him ; and when a landlord is assessed for such real es- 
 tate, he may recover one-half of the taxes paid by him and his 
 rent in the same action against his tenant ; unless there is an 
 agreement to the contrary. 
 
 RHODE ISLAND. 
 
 Sec. 1. No estate of inheritance or freehold, or for a term 
 exceeding one year, in lands or tenements, shall be conveyed 
 from one to another by deed, unless the same be in writing, 
 
76 RHODE ISLAND STATUTES. 
 
 signed, sealed, and delivered, by the party making the same, 
 and acknowledged before a senator, judge, justice of the peace, 
 public notary, or town clerk, by the party or parties who shall 
 have sealed or delivered it, and recorded, or lodged to be record- 
 ed, ia the office of the town clerk of the town where the said 
 lands or tenements do lie. — R. S. 1857, p. 335. 
 
 Sec. 2. All bargains, sales and other conveyances whatso- 
 ever, of any lands, tenements, or hereditaments, whether they 
 be made for passing any estate of freehold or inheritance, or for 
 term of years, exceeding the term of one year, and all deeds 
 of trust and mortgages whatsoever, which shall hereafter be 
 made and executed, shall be void, unless they shall be acknowl- 
 edged and recorded as aforesaid ; but the same between the 
 parties and their heirs shall be valid and binding. — Ibid. 
 
 Keeping a house of ill fame makes void the lease at the 
 option of the lessor. — R. S. 1857, p. 513. 
 
 Sec. 1. If any person who shall be seized of any real estate, 
 for the term of his own life, or for the life or lives of any other 
 person or persons, or as a tenant for years, shall commit or suffer 
 any waste on such estate, he shall forfeit his estate so wasted, 
 and double the amount of the waste so done or suffered ; to be re- 
 covered in an action of waste by the person entitled to the next 
 estate in remainder, or reversion, in the place so wasted. — p. 512. 
 
 Sec. 1. When complaint shall be made in writing, and under 
 oath to a justice of the supreme court, of any unlawful and for- 
 cible entry into and detainer of any lands or tenements, or of any 
 unlawful and forcible detainer of the same after a peaceable 
 entry, he shall direct the sheriff or either of his deputies, to em- 
 panel a jury of twelve men, to inquire into such forcible detainer. 
 If the verdict shall be, that the complaint is supported, the com- 
 plainant shall have restitution of the premises with costs, if 
 not supported, the defendant shall recover his costs, and no ap- 
 peal shall b3 allowed. — R. S. 1857, p. 515. 
 
 Tenants by parol, of house, tenement, or messuage, or of 
 farms and farming lands, from year to year, shall quit upon 
 notice in writing from the lessor or owner given at least three 
 months prior to the expiring of the occupation year. For any 
 term less than a year, such tenants shall quit upon notice in 
 writing from the lessor or owner given at least half the period 
 of the term, not exceeding in any case three months, prior to 
 the expiration of the same, at any return thereof. Like notice 
 shall be given by the tenant, if he would be quit of the same, 
 as is prescribed to be given by the lessor.— R. S. 1857, p. 514. 
 
 The time named in a definitewritten lease shall be the time 
 of the termination thereof; and if there be no time of termination 
 named therein, it shall be deemed a letting from year to year, 
 and the like notice to quit shall be required both from landlord 
 and tenant, as in case of letting by parol. — Ibid. 
 
CONNECTICUT STATUTES. 77 
 
 CONNECTICUT. 
 
 Title 57. Sec. 10. No lease of any house or lands for life, 
 or any term of years exceeding one year, shall be accounted 
 good and effectual in law, to hold such houses and lands against 
 any other person or persons whatever, but the lessor or lessors, 
 and their heirs only, unless such lease be in writing, and sub- 
 scribed by the lessor and attested by two subscribing witnesses, 
 and acknowledged before a justice of the peace, and recorded 
 at length in the records of the town where such estate lies. 
 
 Title 58. Chap. 6. Sec. 1. Whenever the owner or lessor 
 of any land, dwelling-house, or other building held under a 
 lease, written or verbal, shall desire to obtain possession of the 
 same at the expiration of the lease, or at any subsequent time 
 he shall give notice to the lessee to quit possession of said land, 
 house, or building, or any apartment of the same, at least thirty 
 days before the expiration of the lease, or before the time when 
 said lessee shall be required to quit possession ; which notice 
 shall be in writing, in the form following, to wit: "I here- 
 by give you notice that you are to quit possession of the land, 
 [house, apartment, store, &c., as the case may be] now occu- 
 pied by you, on or before the [here insert the day, place, date 
 and name.]" Of which notice, duplicate copies shall be made, 
 one of which shall be delivered to the lessee, or left at his 
 place of residence, in the presence of at least one credible wit- 
 ness. And if, at the expiration of the thirty days, the lessee 
 shall neglect or refuse to quit his possession of the premises, 
 any justice of the peace in the town in which the said leased 
 premises shall be situated, shall have power, on complaint of the 
 lessor, or owner, to issue a summons to the lessee, which shall 
 be served at least six days before the time of trial, to appear 
 before him to answer to such complaint : and also, to summon a 
 jury of six disinterested freeholders of the town, to inquire 
 whether the possessor is the lessee of the complainant, and holds 
 over the term of the lease, and whether notice has been given 
 to the lessee according to the provisions of this act, and said 
 lessee holds possession after the expiration of the time therein 
 specified. And in case the jury find these facts in favor of the 
 complainant, the said justice of the peace shall render judg- 
 ment for the complainant to recover possession of the said leased 
 premises with his costs, and issue execution accordingly. But 
 if the defendant shall show to the jury a title in himself, de- 
 rived after the date of the lease from the lessor, or from any 
 other person or persons, or if the jury should not find a lease, 
 a notice given and a holding over as aforesaid, the defendant 
 shall recover his costs.* 
 
 * In case of forcible entry or detainer, the party ejected, or held out of pos- 
 session^ may make comjilaint to either of the judges of the county court, or to 
 the justice of the peace in the county where such houses, lands or tenements 
 are situated, and such judge or justice shall issue a summons to the party com* 
 
78 NEW YOKK STATUTE8. 
 
 Sec. 2. When any magistrate aforesaid, shall issue a sum- 
 mons for the purpose aforesaid, he shall take of the complain- 
 ant a bond, with sufficient surety to the adverse party, to answer 
 all costs and damages which the defendant may sustain in caso 
 the complainant shall fail to make his plea good. 
 
 NEW YORK. 
 
 Any landlord may recover a reasonable satisfaction for the use 
 and occupation of any lands and tenements by any person under 
 any agreement not made by deed. — 2 p. 33. 
 
 Every grant in fee, or of a freeliold estate, shall be subscrib- 
 ed and sealed by the person from whom the estate or interest 
 is intended to pass, &c., and if not duly acknowledged, previous 
 to its delivery, its execution and delivery shall be attested by at 
 least one witness or, if not so attested, it shall not take effect 
 as against a purchaser or incumbrance, until so acknowledged, 
 2 p. 22. 
 
 Agreements for the occupation of lands or tenements, in the 
 city of New York, which shall not particularly specify the du- 
 ration of such occupation, shall be deemed valid until the first 
 day of May next after the possession under such agreement 
 shall commence ; and the rent under such agreement shall be 
 payable at the usual quarter days for the payment of rent in the 
 said city, unless otherwise expressed in the agreement.^ — 2 p. 29. 
 
 Every contract for the leasing for a longer period than one 
 year, or for the sale of any lands, or any interest in lands, shall 
 be void unless the contract, or some note, or memorandum 
 thereof expressing the consideration , bo in writing, and be sub- 
 scribed by the party by whom the lease or sale is to be made or 
 by some agent lawfully authorized. — 2 p. 194. 
 
 Leases, for less than one year [or an assignment or surrender 
 of a term of one year or less,] need not be in writing. 
 
 A lease for three years or longer, must be recorded in the 
 county where the premises are situated, except in the counties 
 of Delaware, Schenectady, Albany, Ulster, Sullivan, Herki- 
 mer, Dutchess and Columbia. — 2 p. 47. 
 
 No covenant shall be implied in any conveyance of real es- 
 tate, whether such conveyance contain special covenants or not. 
 —2 p. 22. 
 
 plained of, and if he do not appear, shall proceed in the same manner as if he 
 ■were_ present. 
 
 Said judge, or justice, shall then make out a warrant under his hand, to the 
 sherifTof the county, or his deputy, or either of the constables of the town 
 where the injury complained of was done, commanding him to summon a jury 
 of six men to try the case. No appeal is allowed from the judgment of such 
 judge or justice. No action for forcible entry or detainer can be brought, un- 
 less within six months after making the entry. 
 
 The party aggrifived may recover treble damages and costs of suit, by ac- 
 tion of trespass against the defendant, or defendants, if it be found by verdict 
 of the jury, or otherwise in due form of law, that he, or they, entered into 
 houses, lands, or tenements, by force, or after entry, held the same bv force. — 
 IB. 142: 6C. B 80 " ' 
 
NEW YORK STATUTES. 79 
 
 If any lease be surrendered in order to be renewed, and a new 
 lease be made by the chief landlord, such new lease shall b» 
 good and valid to all intents and purposes, without a surrender 
 of all or any of the under leases derived out of such original 
 lease so surrendered ; and the chief landlord, his lessee, and 
 holders of under leases, shall enjoy all their rights and interests 
 in the same manner as if the original lease had been still con- 
 tinued, &c.— 3 p. 29. [Modified by Law of 1846, see p. 82.] 
 
 Wherever there is a tenancy at will, or by sufferance, created 
 by the tenant's holding over his term, or otherwise, the same 
 may be terminated by the landlord's giving one month's notice 
 in writing to the tenant, requiring him to remove therefrom. — 
 2 p. 30. 
 
 Such notice shall be served by delivering the same to such 
 tenant, or to some person of proper age residing on the premi- 
 ses ; or, if the tenant cannot be found, and there be no such 
 person residing on the premises, such notice may be served by 
 affixing the same on a conspicuous part of the premises. — ib. 
 
 At the .expiration of one month from the service, the land- 
 lord may re-enter or maintain ejectment, or proceed by law to 
 remove such tenant, without any further or other notice to 
 quit. — ib. 
 
 If a tenant shall give notice of his intention to quit the prem- 
 ises, and shall not deliver up the possession thereof at the time 
 m such notice specified, he shall from thenceforward pay double 
 the rent which he should otherwise have paid, and for so long a 
 time as he shall continue in possession. — ib. 
 
 If any tenant for life or years shall wilfully hold over any 
 lands or tenements after the termination of such term, and after 
 demand made and one month's notice in writing, given in the 
 manner hereinbefore prescribed, requiring the possession there- 
 of by the person entitled thereto, such person so holding over 
 shall pay double the yearly value of the lands or tenements so 
 detained, for so long a time as he shall hold over ; and shall 
 also pay all special damages whatever. — ib. 
 
 Any tenant or lessee, who shall remove his goods, either be- 
 fore or after any rent sliall become due, for the purpose of avoid- 
 ing payment, and every person who shall knowingly assist such 
 tenant in such removal, or in concealing the goods so removed, 
 shall forfeit to the landlord double their value. — 2 p. 31. 
 
 Any person having any rent due upon a lease for life, or lives, 
 may have the same remedy to recover such arrears, by' action of 
 debt, as if such lease were for years. — 2 p. 32. 
 
 When a tenant for life, who shall have demised any lands, 
 shall die on or after the day when any rent became due and pay- 
 able, his executors, or administrators may recover from the 
 under tenant the whole rent due ; if he die before the day, &e., 
 they may recover the proportion which accrued before his 
 death. — ib. 
 
80 NEW YOKK STATUTES. 
 
 When any certain services, or certain rent reserved out ol 
 any lands or tenements, shall not be paid or rendered when 
 due, the persons entitled thereto may distrain for the same. — 
 2 p. 31. [Modified by Law of 1846, see p. 82.J 
 
 Every tenant upon whom a declaration in ejectment, or any 
 other process, proceeding, or notice of any proceeding, torecovet 
 the land occupied by him, or the possession thereof, shall be 
 served, shall forthwith give notice thereof to his landlord, under 
 the penalty of forfeiting three years' rent of the premises, &c. 
 — S p. 32. 
 
 Whenever any half year's rent, or more, shall be in arrear 
 from any tenant to a landlord, if the landlord has a subsisting 
 right by law to re-enter for the non-payment of such rent, he 
 may bring an action of ejectment for the recovery of the posses- 
 sion of the premises ; and the service of the declaration therein 
 shall be deemed, and stand instead of a demand of rent in arrear, 
 and of a re-entry on the demised premises. — 2 p. 597. 
 
 If upon the trial of the cause, ii shall be proved, or upor 
 
 i'udgment by default, against the defendant, that the landlord 
 lad a right to commence such action, he shall recover possession 
 of the premises and his costs. — ib. 
 
 If before judgment, the tenant make a tender to the landlord, 
 or bring into the court where the suit shall be pending, all the 
 rent in arrear, at the time of such payment, and all costs and 
 charges incurred by the lessor, all further proceedings in the 
 said cause shall cease. — ih. 
 
 At any time within six months after the landlord has taken 
 possession of the premises, under any execution issued upon a 
 judgment obtained by him, in any such action of ejectment, the 
 lessee, his assigns or personal representatives, may pay or ten- 
 der to the lessor, &c., or into the court where the suit shall be 
 pending, all the rent in arrear, and all costs and charges mcur- 
 red by the lessor ; all further proceedings in the cause shall 
 cease, and such premises shall be restored to the tenant, to en- 
 joy according to the terms of the original lease. — ib. 
 
 If the rent and costs remain unpaid for six months after exe- 
 cution issued upon any judgment in ejectment shall have been 
 executed, the lessee, &c., shall be barred from all reliefer rem- 
 edy in law or equity, and the landlord shall hold the premises, 
 — ib. 
 
 The lessee may, within six months after execution is execu- 
 ted, file his bill for relief in a court of equity, and if relieved 
 by court shall again hold and enjoy the premises. — tb. 
 
 If the lessor shall have entered into the actual possession ol 
 the demised premises, the court may direct that so much, and 
 no more, as he shall really have made of the said premises dur- 
 ing the possession thereof, or as he might, without wilful ne- 
 glect, have made of them, be deducted from the amount of the 
 rent in arrear to such lessor, and the costs of such ejectment ; 
 
NEW YOKK STATUTES. 81 
 
 .and the complainant shall be required to pay the balance, be- 
 foie he shall be restored to the possession of the said premi- 
 ses. — ib. 
 
 No entry shall be made into any lands or other possessions, 
 but in cases where entry is given by law ; and in such case only 
 in a peaceable manner, not with strong hand, nor with multitude 
 of people. — 2 p. 599. 
 
 Where any such forcible entry is made, or peaceable entry, 
 and the possession held by force, the person so forcibly put out, 
 may be restored by making complaint in writing, with the affi- 
 davit, to the judge of the county courts of the same county. 
 — lb. 
 
 If any person be ejected or put out of any lands or tenement, 
 in a forcible manner, or being put out, be afterwards holden 
 and kept out by force, or with strong hand, he shall be enti- 
 tled to maintain an action of trespass and shall recover therein 
 treble damages. — 2 p. 432. 
 
 If any tenant, being in arrear for rent, shall desert the de- 
 mised premises, and leave the same without sufficient goods 
 thereon to satisfy the arrears of rent, any justice of the peace, 
 &c. may, at the request of the landlord, and upon proof, &c., 
 go upon and view said premises, and upon being satisfied that 
 the premises have been so deserted, affix a notice in writing 
 upon a conspicuous part of the premises, requiring the tenant 
 to appear and pay the rent due, at some time in said notice spe- 
 cified, not less than five nor more than twenty days after the 
 date thereof.— 2. p. 603. 
 
 If at or within that time the tsnant appear and deny that any 
 rent is due, the proceedings shall cease. But if the tenant, or 
 some one for him, shall not appear and pay the rent in arrear, 
 and there shall not be sufficient distress on the premises, then 
 such justice may put the landlord into possession, and the lease 
 shall thenceforth become void. An appeal from the proceed- 
 ings may be made by the tenant, within three months after pes- 
 session is delivered. — ib. 
 
 Any tenant may bo removed from any premises by any judge 
 of the County Courts of the county, or by any mayor or record- 
 er of the city where such premises are situated ; or if in the 
 city of New York by the mayor, recorder, any one of the alder 
 men, special justice, justice of the Marine Court, or any one of 
 the assistant justices of the said city, in the manner hereafter 
 prescribed, in the following cases : 
 
 1. " Where such tenant shall holdover and continue in pos 
 session of the demised premises, or any part thereof, after the 
 expiration of his term, without the permission of the landlord. 
 
 2. " Where he holds over without permission, after default 
 in the payment of rent, &c. and a demand has been made of 
 the rent, and three days' notice in writing, requiring the pay- 
 ment of such rent, or the possession of the premises shall have 
 
 L&T 7* 
 
82 NEW YORK STATUTES. 
 
 been served by the person entitled to such rent, on the person , 
 owing the same, in the manner prescribed for the service of the 
 summons : which summons shall be served, either by delivering 
 to the tenant to whom it shall be directed, a true copy thereof, 
 and at the same time showing the original : or, if such tenant 
 be absent from his last or usual place of residence, by leaving a 
 copy thereof at such place, with some person of mature age, 
 residing on the premises. 
 
 3. " Wherethetenantorlesseeof a term of three years or less, 
 has taken the benefit of any insolvent act, or been discharged 
 under any act for the relief of his person from imprisonment. 
 
 4. " Where he holds over, and continues in possession of any 
 real estate which has been sold under an execution agamst him, 
 after a title to such sale has been perfected. — [But no tenant 
 under the second above subdivision can be so removed, where 
 the unexpired term of his lease exceeds five years ; in such 
 case the landlord's remedy is by ejectment.] — Any landlord 
 may make oath in writing of the foregoing facts, describing the 
 premises, and present it to one of the officers above named, 
 whose duty it is thereupon, to issue his summons." — 2 p. 604. 
 
 Amended by laws of 1849 and 1851, as follows, viz : Any 
 person in possession may, on affidavit, deny the '-facts and sub- 
 mit to a jury. On receiving such affidavit such officer shall 
 issue his summons requiring any person in possession of the 
 premises, or claiming possession thereof, to show cause before 
 such magistrate in not less than three nor more than five days, 
 why said premises should not be delivered to the applicant. 
 
 When double or treble costs shall be awarded to any defend- 
 ant, the same shall be deemed to belong to such defendant ; and 
 the counsellors, attorneys, and other officers, witnesses and ju- 
 rors in such action, shall be entitled to receive only the single 
 costs allowed by law for their services. — 2 p. 708. 
 
 Keeping a house of ill-fame vacates the house at. the option 
 of the landlord. 
 
 Laws op 184f) and 1847. 
 
 Chap. 159. Sec. 1. No bill of exceptions hereafter to be 
 taken on the part of the defendant, in any action of ejectment 
 shall stay the proceedings therein for more than thirty days after 
 the settlement of such bill, unless the party taking the same, 
 shall, within that time, procure the judge who presided at the 
 trial of the cause, or a justice of the supreme court, to certify 
 on such bill, that he has read and examined the same, and that 
 there is probable cause for staying the proceedings in the suit 
 in which such bill of exceptions was taken, and serve a copy of 
 such certificate on the attorney of the opposite party. 
 
 Chap. 274. Sec. 1. Distress for rent is hereby abolished. 
 
 Sec. 2. The 12th, 13th, 14th, 15th, 16th and 17th sections 
 of Title 4, Chapter 1, of the Second part of the Revised Statr 
 utos are hereby repealed. 
 
NEW JERSEY STATUTES. 83 
 
 Sec. 3. Whenever the right of re-entry is reserved and given 
 to a grantor or lessor, in any grant or lease, in default of a suffi- 
 ciency of goods and chattels whereon to distrain for the satis- 
 faction of any rent due, such re-entry may be made at any time 
 after default in the payment of such rent, provided fifteen days' 
 previous notice of such intention to re-enter, in writing, be given 
 by such grantor or lessor, or his heirs or assigns, to the grantee 
 or lessee, his heirs, executors, administrators or assigns, not- 
 withstanding there may be a sufficiency of goods and chattels 
 on the lands granted or demised for the satisfaction thereof. 
 The said notice may be served personally on such grantee or 
 lessee, or by leaving it at his dwelling-house on the premises. 
 
 NEW JERSEY. 
 
 The Revised Statutes of New Jersey provide that any per- 
 son, or persons having rent in arrear, or due upon a lease for 
 life or lives, may bring an action or actions for debt for such ar- 
 rears of rent in the same manner as they might have done in 
 case such rent was reserved and due upon a lease for years. — 
 p. 85. 
 
 That where any tenant for life shall happen to die before, or 
 on the day on which any rent was made payable, on any lease 
 of lands or tenements, the executors, or administrators of such 
 tenant shall recover of the under-tenant, or tenants, the whole, 
 or such proportion of the rent as was due on the decease of the 
 tenant. — ii. 
 
 Where the agreement is not by deed, the landlord, his heirs, 
 or assigns may, nevertheless, recover a reasonable satisfaction 
 for the lands or tenements occupied. — ib. 
 
 Landlord has a lien for rent on the goods and chattels on the 
 premises ; provided said arrears of rent do not amount to more 
 ihan one year's rent. In case they do, then by paying landlord 
 one year's rent the party may proceed to execute his process, 
 as though the act had not been passed. 
 
 Tenant liable for holding premises after expiration of lease, 
 and demand of possession made, to pay landlord double rent. 
 
 In case half a year's rent is in arrear, the landlord has power 
 to enter and eject the tenant ; and in case said lessee suffer 
 judgment on said ejectment, he shall be forever barred and fore- 
 closed from all relief in law or equity ; but the mortgagee of 
 such lease, who shall not be in possession, may, within six cal- 
 endar months after such judgment, redeem such lease. 
 
 In case premises are deserted without payment of rent, two 
 justices of the peace may put landlord in possession in the space 
 of fourteen days, and declare the lease void. Proceedings of 
 said justices to be examinable in a summary way by the justices 
 of the Supreme Court. 
 
 Title 4, Chap. 7, Sec. 17. In all cases where anytenant is, 
 or may be entitled by law, to notice to (lujt the premises, by him 
 
84 NEW JEESET STATUTES. 
 
 holden, in order to determine his tenancy, three months' notice 
 to quit, as aforesaid, shall be deemed and taken to be sufficient. 
 
 Title 17, Chap. 1, Sec. 10. No leases, estates, or inter- 
 ests, or term, or terms of year or years, or any uncertain in- 
 terest, of, in, to, or out of any messuages, lands, tenements, or 
 hereditaments, shall, at any time, hereafter, be assigned, grant- 
 ed, or surrendered, unless it be by deed or note in writing, 
 signed by the party so assigning, granting, or surrendering the 
 same, or his, her, or their agent, or agents, thereunto lawfully 
 authorized by writing, or by act and operation of law. 
 
 According to the Revised Statutes of New Jersey, the gran- 
 tees of lands, or of reversions, enjoy the same benefits as the 
 original lessors. 
 
 The lessees of lands also have the same advantages against 
 the grantees of reversions as against the original lessors. 
 
 In case of an action of ejectment brought against the tenant 
 by the landlord, for non-payment of rent, if the tenant or ten- 
 ants, his, her or their assignee or assignees, do or shall, at any 
 time before the trial in such ejectment, pay, or tender to the 
 lessor or landlord, his or her executors or administrators, or his, 
 her, or their attorney, in that cause, or pay into the court where 
 the same cause is or shall be depending, all the rent and arrears, 
 together with the costs, then, and in such case, all further pro- 
 ceedings on the said ejectment shall cease, and be discontinued. 
 
 Forcible entries and detainers are cognizable by justices of 
 the peace, and triable by a jury. Summons to be served six 
 days before day of appearance therein mentioned, — judgment, 
 restitution, and treble costs, if jury find party guilty. 
 
 If jury find against the said complainant, the said justice shall 
 give judgment accordingly, with costs, and issue execution 
 against the goods and chattels, and in want thereof, against the 
 body of the said complainant. 
 
 Laws of New Jersey — 1847. 
 
 Any tenant or lessee at will, or at sufferance, or for part of a 
 year, or for one or more years, of any houses, lands or tene- 
 ments, and the assignees, under-tenants, or legal representatives 
 of such tenant or lessee, may be removed from such premises 
 by any justice of the peace of the county where such premises 
 are situated, in the manner hereinafter prescribed in the follow- 
 ing cases : — 
 
 1. Where such persons shall hold over and continue in pos- 
 session of the demised premises, or any part thereof, after the 
 expiration of his or her term, and after demand made, and no- 
 tice in writing given, for delivering the possession thereof, by 
 the landlord or his agent for that purpose. 
 
 2. Where such persons shall hold over after any default in 
 the payment of the rent, pursuant to the agreement under which 
 Buch premises are held, and satisfaction for such rent cannot be 
 
PENNSYLVANIA STATUTES. 85 
 
 obtained by distress of any goods, and a demand of such rent 
 shall have been made by three days' notice' in writing, requiring 
 the payment of such rent, or the possession of the premises, 
 shall have been served by the person entitled to such rent, upon 
 the person owing the same. 
 
 Any landlord or lessor, his Segal representatives, agents or 
 assigns, may make oath in writing of the facts which, according 
 to the preceding section, authorize the removal of a tenant, 
 describing therein the premises claimed, and may present the 
 same to any justice of the peace of the county where t^e prem- 
 ises are situated. 
 
 3. On receiving and filing such affidavit, such justice shall 
 issue a summons, describing the premises of which possession 
 is claimed, and requiring any person in possession of said prem- 
 ises, or claiming the possession thereof, forthwith to remove 
 from the same, or to show cause before the said justice, at a cer- 
 tain place and time therein to be specified, not less than five, nor 
 more than fifteen days, from the date of such summons, why 
 possession of such premises should not be delivered to such 
 claimant. 
 
 4. Previous to issuing such summons in a case of tenancy at 
 will, or at sufferance, or from year to year, the justice shall be 
 satisfied by due proof, that such tenancy has been terminated 
 by giving notice in the manner prescribed by law. 
 
 5. The summons shall be served in the manner prescribed by 
 the act constituting courts for the trial of small causes ; the 
 suit may be adjourned, and either party may demand and have 
 a trial by jury of six men, according to the provisions of said 
 act. 
 
 6. If, at the time appointed in the said summons, or at the 
 time to which said suit may be adjourned, no sufficient cause be 
 shown to the contrary, and it shall appear to the said justice, or 
 jury, that the summons has been duly served, the said justice 
 shall issue his warrant to any constable of the county, or mar- 
 shal of the city or town, in which the premises are situated, 
 commanding him to remove all persons from the said premises, 
 and to put the said claimant into the full possession thereof, and 
 to levy and make the costs out of the goods and chattels of such 
 person or persons in possession. 
 
 7. The proceeding had by virtue of this act, shall not be ap- 
 pealed from, or removed by certiorari; but the landlord shall 
 remain liable in an action of trespass for any unlawful proceed- 
 ings under this act. 
 
 PENNSYLVANIA. 
 
 No leases for a greater length of time than three years are 
 valid, unless in writing, &c. 
 
 If lessee holds over beyond the termination of his lease, the 
 lessor may complain thereof, to any two justices of the city, 
 
86 PENNSYLVANIA STATUTES. 
 
 town, or county, where the demised premises are situated, and 
 the lessee will be summoned to show cause why the leased 
 premises should not be given up to the lessor.* 
 
 Any person, or persons having rent in arrear or due upon 
 any lease for life, or lives, or for one or more years, or at will, 
 may distrain for the same after the determination of the said 
 respective leases, provided, that such distress be made during 
 the continuance of such lessor's title, or interest. — General 
 Laws, page 74. 
 
 If any lessee for term of years, in the city and county of 
 Philadelphia, shall remove from any demised premises without 
 leaving sufficient property to secure the payment of at least 
 three months' rent, or shall refuse to give security for the pay- 
 ment thereof, in five days after demand of the same, and shall 
 refuse to deliver possession of such premises, the landlord or 
 lessor may apply to any two aldermen, or justices of the peace 
 ■within the city or county of Philadelphia, and make affidavit or 
 affirmation of the fact, and thereupon the said aldermen or jus- 
 tices of the peace shall forthwith issue their precepts to any 
 constable in the city or county, commanding him to summon 
 such lessee to answer to such complaint on a day certain not 
 exceeding eight nor less than five days ; and if it shall appear 
 that such lessee has removed from the premises without leaving 
 sufficient goods and chattels to pay the rent, or given security 
 for such payment, or has refused to deliver up possession of the 
 demised premises, they shall enter judgment against such les- 
 see, and the premises shall be delivered up to the lessor forth- 
 with.. Provided, always, that at any time before such writ of 
 possession is actually executed, the lessee may render the said 
 writ of non-eSect by paying to the said constable for the use of 
 the said lessor, the rent actually due and in arrear, and the costs 
 of the proceeding, of all of which doings the said constable shall 
 make return to the said aldermen or justices, within ten days 
 after receiving of the said writ. And provided, further , that no 
 writ of possession shall be issued by the said aldermen, or jus 
 tices for five days after the rendition of judgment, and if within 
 the said five days the tenant shall recognize for the rent and the 
 costs that have and may accrue, up to the time of the final judg- 
 ment, then the tenant shall be entitled to an appeal to the next 
 court of common pleas. And provided, further, that nothing 
 herein contained shall prevent the issue of a certiorari with the 
 usual form and eflfect. — General Laws, page 381. 
 
 The goods and chattels being in or upon any messuage lands 
 or tenements, which are or shall be demised for life or years, oi 
 
 * The affidavit of the landlord is sufficient to found tlie proceedings on. — 4, 
 W. Ir S. lao, ad 3. S. ^ R. 102. 
 
 There must be sufficient time allowed to procure witnesses, or the proceed- 
 ings "Will be quashed. — 1 Yeales, 49. 
 
 That the term is fully ended must appear in the proceedings, or they are de- 
 fective.— 2 S. 4- JJ. 480. ^ s . ' 
 
MAKYLAND STATUTES. 87 
 
 Otherwise taken by virtue of an execution and liable to the dis- 
 tress of the landlord, shall be liable for the payment of any sums 
 of money due for rent at the time of taking- such goods in execu- 
 tion. Provided, that such rent shall not exceed one year's rent.* 
 Officers selling, shall first pay rent and afterwards apply sur- 
 plus to the execution, deducting so much for costs as he would 
 be liable to pay iu case of a sale under distress. — General 
 Laws, page 734. 
 
 MARYLAND. 
 
 All removals of personal property owned by tenants and re- 
 moved by them or their order from the premises, when rent 
 shall be due, or about to become due, if removed within thirty 
 days before the rent will become due, shall be considered a clan- 
 destine removal, and the property may be followed and dis- 
 trained in the same manner as if ii were found on the premises 
 rented, if not sold to a bona fide purchaser without notice. — 1 
 Laws of Maryland, 919. (1826, ch. 266.) 
 
 Costs of distress made by constables to be borne by tenant. — 
 
 1 Ibid. 769. (1821, ch. 162.) No spinning wheel or loom, 
 which shall be loaned or hired out to any person, shall be seized 
 or taken by distress, for any house rent or debt due by such 
 person. — 1 Ibid. 621. (1813, ch. 135.) 
 
 Where lands are rented for a portion of the crop, the produce 
 cannot be sold by sheriff or other officer, by virtue of any process 
 issued against the tenant, so as to deprive the landlord of his 
 share ; but it must be sold subject to the claim of the landlord. — 
 
 2 Ibid. 1021. (1831, ch. 171.) 
 
 If the tenant fails to deliver to the landlord his share of the 
 crops, according to agreement, the landlord may levy a distress 
 for the same, the value of his share in money being ascertained 
 by two disinterested persons sworn as appraisers. The tenant 
 has his election at any time before the property distrained is sold 
 under such distraint, to deliver the rent, if grain, a portion of the 
 crops, to the landlord, or to pay him the said estimated valne, 
 together in both cases, with the expenses of said distraint ; 
 whereupon all proceedings shall cease. The right to replevin 
 the property distrained is also reserved to the tenant, — 2 Ibid. 
 102. (1831, ch. 171.) 
 
 Landlords before making distress for rent due must make 
 oath, before some justice of the peace in the county where pre- 
 mises lie, or where the landlord or his agent resides, of the 
 amount of money or quantity of produce due, and what, if any, 
 credits have been given. —2 Ibid. 1141. (1834, ch. 192.) 
 
 * If the landlord has distrained for pan of this year's rent, and the goods hav« 
 been replevied, he can only claim the rent accruing subsequent to the distress 
 4 Jraiui'2. 
 
 The -widow holding an interest in the land of her deceased husband under 
 the intestate law, is entitled to be paid one year's arrears. — 2 Miles 69. 
 
88 SOBTH CAROLINA STATUTES. 
 
 When landlord gives notice to sheriff or constable about to 
 Bell goods of his tenant that rent is due him, he must append to 
 such notice or claim an affidavit of the amount of the rent 
 claimed to be due. — Ibid. ^ 2. 
 
 Every warrant authorizing any bailiff to levy a distress for 
 rent, must have appended an account of the money claimed to 
 be due and in arrear, or the quantity of produce due, and an affi- 
 davit thereon. — Ibid. ^ 3. 
 
 In case of distress for rent the officer cannot summon more 
 than two appraisers of property distrained, and the compensation 
 of the officer for summoning and swearing each appraiser shall 
 be twenty cents, and the compensation of each appraiser thirty 
 cents. — Ibid. § 4. 
 
 All claims for rent in arrear, against deceased persons, for 
 which distress may be levied by law, after the death of the 
 deceased, shall have preference over all other claims, except 
 such as now have preference over claims for rent in arrear, without 
 thelevyingof distress therefor.— 2 Ibid. 1237. (1836, ch. 192.) 
 
 Where tenants having power to determine their leases upon 
 notice, hold the premises after the time they notify for quitting 
 them, they are liable to pay double rent. — 2 Ibid. 578. 
 
 Rents may be recovered from under tenants, where tenants 
 for life die before rent is payable. — 2 Ibid. 577. 
 
 Landlords may distrain and sell goods fraudulently carried off 
 the premises, within thirty days from such carrying off, unless 
 they have been sold to a person having no knowledge of the 
 fraud. Landlords may break open houses to seize goods fraud- 
 ulently secured therein. — 3 Ibid. 573. 
 
 Landlords may distrain stock or cattle on the premises for ar 
 rears of rent ; also take and seize all sorts of corn and grass, 
 hops, roots, fruits, pulse, or other product whatsoever growing 
 on any part of the premises, and the same cut, gather, make, 
 cure, carry, and lay up, when ripe, in the barns or other proper 
 place on the premises ; and for want of such places, then in any 
 other barn or proper place which such landlords may procure as 
 near as may be to the premises, and in convenient time to ap- 
 praise, sell, or otherwise dispose of the same, towards satisfac- 
 tion of the rent for which they are taken ; the appraisement to 
 be made when cut, gathered, cured, and made, and not before. 
 — 2 Ibid. 574. Tenants to have notice of the place where the 
 distress is lodged within a week after the lodeine thereof. — 2 
 Ibid. 574. ^ ^ 
 
 Distress of ccrn or other products, above enumerated, to cease 
 if rent be paid before it is cut. — Ibid . 
 
 SOUTH CAROLINA. 
 At the end of a written lease, where a demand of possession 
 has been made in writing and refused, in ten days, two justices 
 of the peace may cause a jury to be summoned, and the parties 
 
LOUISIANA STATUTES. 89 
 
 to appear before them, and the tenant to show cause why the 
 lessor should not be put in possession. If the lessor prevails, 
 the justices issue their warrant commanding the sheriff forth- 
 with to put the lessor in possession of the premises, and levy 
 the expenses on the tenant. Sheriff must, within ten days after 
 receiving the warrant, put the lessor in possession, and for that 
 purpose may break open doors if resisted. — 5 vol. Statutes, 
 676; 6 Ibid. 68. 
 
 Tenant not to make alterations or remove buildings erected 
 upon the leased premises without permission first had in writing, 
 under pain of forfeiting the residue of the lease : forfeiture to 
 be ascertained by justice of the peace or of the quorum, with 
 juries as stated above for the removal of lessee. — 6 Ibid. 68. 
 
 No verbal lease can give a right of possession for a longer 
 term than one year from the time of entering on the premises, 
 and all such cases shall be understood to be for one year, unless 
 it be stipulated to be for a shorter term. — 6 Ibid. 67. 
 
 Every lease or written agreement, for renting of lands and 
 tenements, absolutely ends at the period therein stated, and 
 neither landlord nor tenant is bound to give notice. — 6 Ibid. 67. 
 
 No payment made in anticipation of rent, for a longer period 
 than twelve months, shall be considered a valid discount against 
 the claims of third persons — 6 Ibid. 67. 
 
 No written lease for a longer period than twelve months is 
 valid against the claims of third persons, unless recorded in the 
 office of the register of mense conveyances, at least within three 
 months from the execution.- — 6 Ibid. 67. 
 
 ' LOUISIANA. 
 
 If the renting of a house or other edifice, or of an apartment, 
 has been made without fixing its duration, the lease shall be 
 considered to have been made by the month. In such case, the 
 party desiring to put an end to it, must give notice in writing 
 to the other, at least fifteen days before the expiration of the 
 month which has begun to run. 
 
 If the tenant of a house or room continues in possession a 
 week after his lease expires, without any opposition by the les- 
 sor, the lease is presumed to continue, and he cannot be 
 removed without receiving the fifteeii days' notice referred 
 to above. 
 
 If no time is specified in the lease of a farm, it is presumed 
 to be for a year. If, after the lease of a farm has expired, the 
 farmer remains in possession for a month, without any step 
 having been taken' by the lessor, or a new lessee, to cause him 
 to deliver up the possession of the estate, the former lease shall 
 continue, with all its clauses and conditions, for one year from 
 its expiration. 
 
 When notice has been given, the tenant, though remaining, 
 cannot pretend that the lease has been tacitly renewed. 
 L & T 8 
 
90 LOUISIANA STATITTES. 
 
 Landlord. — The lessor is bound to deliver the thin-g leased 
 to the lessee, — to maintain it in a condition such as to serve the 
 use for which it was hired, — to secure the lessee in the peacea- 
 ble possession of it during the term, — to deliver the thing in 
 good condition and free from any repairs. 
 
 The lessor ought to make, during the term, all the repairs 
 which niay accidentally become necessary ; except such as the 
 tenant is bound to make, which will be hereafter stated. If the 
 lessor fails to make such necessary repairs, upon being called 
 on by the lessee, the lessee may cause the repairs, if indispen- 
 sable, to be made, and deduct the price, if just and reasonable, 
 from the rent due* 
 
 The lessor guarantees the lessee against all the vices and de- 
 fects of the thing, which may prevent its use, even though the 
 lessor was ignorant of their existence at the time the lease was 
 made, and even if they have arisen since without the fault of 
 the lessee ; and if the lessee suffer loss from the defect, the 
 lessor must indemnify him. 
 
 If the lessee be evicted, the lessor is answerable for the dam- 
 age and loss which he sustains by the interruption of the lease. 
 If the thing be totally destroyed by an unforeseen event, or 
 be taken for purposes of public utility, the lease is at an end. 
 If it be only destroyed in part, the lessee may demand a dimi- 
 nution of the rent, or a revocation of the lease. In neither case 
 has he any claim for damages. 
 
 The lessor cannot make any alteration in the premises du,ring 
 the lease. 
 
 If, without fanlt of the lessor, the premises cease to be fit for 
 the purpose for which it was leased, or if its use be much im- 
 peded, as if a neighbor, by raising his walls, intercepts the light 
 of the house, the lessee may, according to circumstances, ob- 
 tain the annulment of the lease, but has no claim for indemnity. 
 
 The lessee, unless the contrary is stipulated, is to pay the 
 taxes, rents, and other reail charges. 
 
 The lessor is not bound to guarantee the lessee against dis- 
 turbance caiused by persons not claiming any right of action tor 
 damage sustained against the person causing it. 
 
 If the person committing the acts of disturbance, pretend to 
 have a right to the thing leased, or if the lessee is cited to ap- 
 peaf before a court to answer to the complaint of the persons 
 thus claiming the whole or a part of the thing leased, or claim- 
 ing some species of services on tlie same, he shall call the lessor 
 in warranty, and shall be dismissed from the suit, if he wishes 
 it, by naming the person under whose right he possesses. 
 
 The lessor has for the payment of rent, and other obligations 
 of the lease, a right of pledge on the moveable effects of the les- 
 see, which are found on the property leased. In the case of 
 farm estates, this risht embraces every thing that serves for the 
 abors of the farm, the furniture of the lessee's house, and the 
 
LOUISIANA STATUTES. 91 
 
 fruits produced during the lease of the land ; and in the case of 
 houses and other edifices, it includes the furniture of the lessee, 
 and the merchandize contained in the house, or apartment, if it 
 be a store or shop. This right also extends to the effects of the 
 under-tenant, so fer as he is indebted to the principal lessee at 
 the time ; and a payment made by the under-tenant to his prin- 
 cipal, in anticipation, does not release him from the owner's 
 claim. 
 
 This right affects the movables of third persons, when their 
 goods are contained in the place by their own consent ; but it is 
 not so when the movables are only accidentally or, transiently 
 in the building — as baggage in an inn, or goods in a workshop 
 to be made up or repaired, or in an auction-room to be sold. 
 
 The lessor may seize the movables before the lessee takes 
 them away, er within fifteen days after they are taken away, 
 if they continue the property of the lessee, and can be identified. 
 
 Tenant. — The lessee is bound to use the thing as was intend- 
 ed by the lease. And if he makes another use of it, and the 
 lessor is injured thereby, be may obtain the dissolution of the 
 lease ; and the lessee sbaJl, in such case, pay the rent until the 
 thing is again leased, and all damage sustained by the owner 
 from his misuse. 
 
 The lessee is bound to pay rent at the terms agreed on, and 
 he may be expelled if he fails to pay it when due. 
 
 If the lessee remains after he has had the notice required by 
 law, to quit, he may be summoned before a justice of the peace, 
 and condemned to depart ; and if he fails to obey within three 
 days after notice of judgment, the justice may order him to be 
 expelled, and his property removed by the constable at his ex- 
 pense. 
 
 The constable may force the doors and windows if shut," and 
 seize and sell such portion of the lessee's effects as may be 
 necessary to pay costs. 
 
 If, in the lease of a farm, the premises are stated to be of 
 greater extent than they are, the lessee may claim an abatement 
 in the rent. 
 
 If an inventory is made at the time of the lease, stating the 
 condition of the things leased, the lessee must return the things 
 in the same condition, reasonable wear and tear and unavoidable 
 accidents excepted. If no inventory be taken, then the things 
 are supposed to have been delivered in good order, and must be 
 60 returned, wear and tear and unavoidable accidents excepted. 
 
 The lessee is only liable for losses and injuries occasioned by 
 his own fault, or that of the members of his family, or his sub- 
 lessees. He is liable for loss by fire only when it is occasioned 
 by the fault of himself or his family. 
 
 The farmer must prevent encroachments, and in case of any, 
 must inform his landlord, otherwise lie wUl be liable in 
 damages. 
 
92 LOUISIANA STATUTES. 
 
 If a slave become sick, or run away, he must notify the own- 
 er, or he will be liable. 
 
 The lessee may assign or underlet the premises, unless the 
 contrary is expressly stipulated. 
 
 The lessee may remove improvements and additions made by 
 him, provided he leaves the premises in the state he received 
 them ; but if they are made with lime and cement, the lessor 
 may retain them on paying a fair price. 
 
 Repairs. — The lessee is bound to make such repairs as it be- 
 comes necessary to make — to the hearth, chimney-backs, and 
 chimney-casings, — ^to the plastering of the lower part of interior 
 walls, — to the pavement of rooms, when it is partially broken, 
 but not when it is in a state of decay, — for replacing window- 
 glass accidentally broken, but not when broken in the greatest 
 part by a hail storm, or other inevitable accident, — to windows, 
 shutters, partitions, locks, and hinges, and things of that de- 
 scription, according to the custom of the place. 
 
 The cost of repairs made necessary by unforeseen events or 
 decay, must be borne by the lessor, though such repairs are of 
 the nature of those usually done by the lessee. 
 
 The cleaning of wells and privies shall be at the expense of 
 the lessor. 
 
 If during the lease the premises want repairs, and those re- 
 pairs cannot be postponed until the lease expires, the tenant 
 must suffer such repairs to be made, whatever may be the in- 
 convenience to which he is subjected thereby. But if such re- 
 pairs continue for more than one month, the price of the rent 
 shall be lessened in proportion to the time occupied in repairing, 
 and to the parts of the tenement of the use of which he has been 
 deprived. And the whole rent is to be remitted, if the tenant is 
 obliged to leave the house or the room, and take another house, 
 while the repairs are being made. 
 
 Dissolution of the Lease. — The lease may be dissolved by the 
 destruction of the premises ; by the neglect of either party to 
 fulfil their engagements ; but not by the death of the lessor or 
 the lessee ; nor by the sale of the premises by the lessor ; for 
 the purchaser cannot turn out the tenant, unless the contrary is 
 stipulated in the lease. 
 
 If it was agreed that in case the lessor sold during the term, 
 the purchaser might take immediate possession, and if no indem- 
 nification had been stipulated, then the lessor shall pay the 
 evicted lessee ; if the thing leased be a house, shop or room, 
 a sum equal to the rent for the time a tenant of such premises 
 is entitled to notice, which is, as we have seen, at least fifteen 
 days before the end of the month which has begun to run ; if it 
 be a farmer that is evicted, the indemnification to be paid him 
 by the lessor is one- third of the price of the rent during the time 
 which has yet to elapse. The purchaser cannot exercise this 
 right without giving the fifteen days' notice, in the manner 
 
MISSOURI STATUTES. 98 
 
 Stated before ; and if the lessee be a farmer, he shall have 
 one year's notice ; and previous to the expulsion, the tenant 
 must be paid the indemnification stated above, either by the 
 lessor or the purchaser. 
 
 If the letting was not by vfritten lease, the purchaser is not 
 liable to give any indemnification. 
 
 If the lessor, in the contract of sale, reserves the right of re- 
 demption, the purchaser cannot turn out the tenant, until the 
 estate has become absolutely his. 
 
 The destruction of the whole or a part of the crops by acci- 
 dent, presents no case for an abatement of rent, unless the acci- 
 dent was of such an extraordinary nature that it could not have 
 been foreseen at the time the contract was made, — as loss by 
 the ravages of a war not anticipated when the contract was 
 made ; but in such case the loss must equal in value one-half of 
 the crop, to entitle the tenant to an abatement of the rent. The 
 tenant is entitled to no abatement if the loss happens after the 
 crop is severed from the ground , unless the lessor is to have a 
 portion of the crop, in which case it would seem the lessor 
 must bear his share of the loss. 
 
 MISSOURI. 
 
 Tenant giving notice of intention to quit, and failing to do 
 so, shall be liable to double rent, during the time he shall con- 
 tinue in possession. Tenants holding over their term, after 
 demand and notice in writing given, requiring possession, shall 
 be liable for double rent for the timethey shall keep possession. 
 
 No tenant for a term not exceeding two years, or at will, or 
 by sufterance shall assign the whole or part of his interest, vyith- 
 out the assent of his landlord. If any tenant violate preceding 
 section, landlord may, after giving ten days' notice to quit 
 possession, enter and take possession, and oust the tenant, by 
 the proper proceedings as hereinafter stated. 
 
 Either party may terminate a tenancy ftom year to year by 
 giving notice in writing, three months next before the end of 
 the year. A tenancy at will, or by sufferance, or for less than 
 one year, may be terminated by one month's notice in writing. 
 
 Notice to quit not necessary from a, tenant whose term is to 
 end at a certain time, or when by special agreement notice is 
 dispensed with. 
 
 Landlord may recover for use and occupation, under ar. 
 agreement not made by deed. 
 
 Landlord shall have a lien upon the crop grown on demised 
 premises, in any year, for the rent that shall accrue for such year, 
 to continue for eight months after such rent shall become due. 
 
 Whenever a half year's rent or more, is in arrear, landlord 
 may re-enter, and bring an action to recover possession of prem- 
 ises. If the tenant, before judgment, tender to the landlord, or 
 
 L & T 8* 
 
94 landlords' & tenants' law. Missouri & Illinois. 
 
 bring into court, all the rent then in arrear, and all costs, al. 
 further proceedings shall cease. 
 
 Property exempt from execution shall be also exempted from 
 attachment for rent, except the crop grown on the premises. 
 
 In all cases, if rent is not paid, as agreed, landlord may re- 
 cover possession, after demand of payment, by filing a state- 
 ment, verified by affidavit, with any justice of the peace, in the 
 township, or if in St. Louis with any justice of the peace in the 
 ward in which the property is situated, setting forth the terms, 
 the amount of rent due, that the same has been demanded, and 
 payment not made, and describing the property ; and thereupon 
 such justice shall issue a summons directed to the tenant, which 
 summons shall be executed at least five days before the return 
 day thereof. Upon return of summons executed, the justice 
 shall render judgment, and issue execution, commanding con- 
 stable to put landlord into immediate possession, and he shall 
 deliver the premises within five days from the time of receiving 
 such execution. 
 
 Demand of rent shall be deemed good, when made at any 
 time after the said rent becomes due according to the time of 
 the agreement, whether by written lease or otherwise. 
 
 Before such proceedings are commenced, the plaintiff, or his 
 agent, shall make a demand of rent, as provided; and at the 
 time of making the demand shall exhibit to the tenant, the 
 deed under which he claims title, and if then, payment is re- 
 fused, the owner may commence his action as aforesaid. 
 
 ILL INOIS. 
 
 Reasonable rent may be collected for lands held without 
 special agreement. 
 
 Persons holding over by collusion with tenant, obliged to pay 
 double rent. 
 
 Tenant not quitting premises, according to notice by him 
 given, to pay double rent. 
 
 If half a years' rent be due, landlord may commerice an 
 action of ejectment. The effect of judgment, in such action, 
 is to destroy the lease. If tenant pays arrearages and costs, 
 suit to be discontinued. 
 
 Every tenant, who shall at any time be sued on ejectment, 
 by any person other than the landlord, shall give the landlord 
 or his attorney, notice, under penalty of forfeiting two years' 
 rent of the premises in question. 
 
 Sec. 8. Every landlord shall have a lien upon the crops 
 growing, or grown upon the demised premises, in any year, for 
 rent that shall accrue for such year. 
 
 In case the tenant shall abandon the premises, landlord may 
 seize the crops growing thereon, before the rent is due. He 
 
landlords' & tenants' law. ILLINOIS & INDIANA. 95 
 
 may cause crops so growing to be cultivated and perfected, 
 until the rent agreed upon becomes due, when it shall be law- 
 ful for such landlord, or his attorney, to dispose of the same. 
 Provided, that such tenant may, at any time, redeem such pro- 
 perty, before the rent is due, by tendering the rent agreed on 
 and all reasonable expenses attending the same, for care, culti- 
 vation and husbandry, as aforesaid, or replevy the same, as in 
 case of seizure, where the rent is due. 
 
 INDIANA. 
 
 Lease for three years or more must be in writing, and record- 
 ed within ninety days. 
 
 [From the Revised Staluies, Vol. 11, 1852.] 
 
 Estates at will may be determined by one month's notice in 
 writing delivered to the tenant. 
 
 A tenancy at will must be created by express- contract. All 
 general tenancies, in which the premises are occupied, by the 
 consent of the landlord, either express or constructive, shall be 
 deemed tenancies from year to year. 
 
 Executors and administrators shall have the same remedies 
 to recover rents, and be subject to the same liabilities to pay 
 them as thek testator and intestates. 
 
 The occupant without special contract, of any lands, shall be 
 liable for the rent, to any person entitled thereto. 
 
 All tenancies from year to year, may be determined by at 
 least three months' notice given to the tenant, prior to the 
 expiration of the year ; and in all tenancies which by agree- 
 ment of the parties, express or implied, are from one period 
 to another of less than three months' duration, a notice equal 
 to the interval between such periods shall be sufficient.* 
 
 If a tenant at will, or from year to year, or for a shorter pe- 
 riod, neglect or refuse to pay rent when due, ten days' notice 
 to quit shall determine the lease, unless such rent be paid at the 
 expiration of said ten days, f 
 
 Where the time for the determination of a tenancy is speci- 
 fied in the contract, or where a tenant at will commits waste, or 
 
 *Forra3 of notices to quit in case of a tenancy from year to year : 
 
 To A. B. — You are hereby notified to deliver up to me, at the expiration of 
 the current year of the tenancy, the possession of the following described 
 premises, [here describe them] now held by you, of me. 
 
 Sept. 20, B5i. C. D. 
 
 To A. B .^You are hereby notified to deliver up to me, at the expiration of 
 three months from the time of receiving this notice, the possession of the fol- 
 lowing premises, [here describe themj now held by you, of me. 
 
 Sept. 20, 1852. C. D. 
 
 fForm of a ten days' notice : 
 
 To A. B. — You are hereby notified to deliver up to me, at the expiration 
 often days from the time of receiving this notice, the possession of the follow- 
 ing premises, [here describe them] now held of me by you as tenant, unless 
 the tent due for said premises is paid within that time, 
 
 Sept. 20, 1862. CD. 
 
96 landlorm' anb tenants law. Wisconsin. 
 
 is at sufferance, and where the relation of landlord and tenant 
 does not exist, no notice to quit shall be necessary. 
 
 Notice, as required in the preceding sections, may be served 
 on the tenant, or if he cannot be found, by delivering the same 
 to some personof proper age and discretion, residing on the premi- 
 ses, having first made known to such person the contents thereof. 
 
 Sub-lessees shall have the same remedy upon the original 
 covenant against the chief landlord, as they might have had 
 against their immediate lessor. 
 
 A landlord, after legal notice, or otherwise, can obtaiji pos- 
 session of lands, unlawfully held by tenant, by making complaini 
 before a justice of the peace, who shall summon such tenant to 
 appear before him in not less than five nor more than fifteen 
 days. Where notice is required by law, a copy and proof of 
 service is necessary. If verdict be for plaintiff judgment shall 
 be rendered that he have complete possession ; and damages 
 and costs shall be levied on goods of defendant, up to the time 
 of trial ; and the writ of delivery be forthwith executed. 
 
 Either party may appeal, as in other cases before justices, 
 and bonds securing damages and costs be given by appellant. 
 
 WISCONSIN. 
 
 All estates at will, or by sufferance, may be determined by 
 either party, by three months' notice given to the other party, 
 and when the rent is payable at periods less than three months, 
 the time of such notice shall be sufficient, if it be equal to the 
 interval between the times of payment ; and in all cases of neglect 
 or refusal to pay the rent due on a lease at will, fourteen days' 
 notice to quit given in writing by the landlord to the tenant, 
 shall be sufScient to determine the lease. 
 
 No person shall make forcible entry into lands. 
 
 On complaint in writing to any justice of the peace of any 
 forcible entry or unlawful detainer, he shall issue his summons 
 to bring the person complained of before him in six and not more 
 than ten days. Either party may demand a trial by jury. 
 
 If upon trial the defendant be found guilty, judgment shall be 
 entered for restitution of the premises, and a fine imposed not 
 exceeding one hundred dollars, with the costs. The complain- 
 ant shall also be entitled to treble damages, with costs of suit ; 
 but not against any person who has had quiet possession three 
 whole years next before the entering of the complaint. 
 
 When any person shall hold over any lands or tenements, af- 
 ter termination or contrary to the conditions or covenants of the 
 lease, or after any rent shall become due and remain unpaid foi 
 the space of three days, the lessor shall make demand in writing 
 of such tenant, that he shall deliver the possession of the prem 
 ises, and if the tenant shall refuse or neglect for the space d 
 three days after such demand, to quit the premises or pay ths 
 
landlords' and .tenants' law. OHIO. 97 
 
 rent, complaint may be made to any justice of the peace, who 
 sliall proceed to try the same in the same manner as in other 
 cases : Provided that in all cases mentioned in this section, no 
 fine shall he imposed upon the tenant. 
 
 The complainant shall be entitled to treble damages from the 
 time of notice to quit the premises, and until that time damages 
 only. If either party shall feel ag-grieved by the decision of the 
 justice or jury, he may appeal within ten days, by giving a bond 
 with two sureties, to pay all costs of such appeal, and abide such 
 order as the court may make therein, and pay all rent and other 
 damages, justly accruing to said complainant during the pen- 
 dency oi such appeal. 
 
 0~HIO. " 
 
 Leases of school or ministerial lands, for more than ten years, 
 and all other leases of lands exceeding three years, must be 
 signed, sealed, and acknowledged, in the presence of two wit- 
 nesses, who shall attest the same, and it shall also be acknow- 
 ledged before a judge, justice of the peace, mayor, or other pre- 
 siding officer of an incorporated town or city, and he recorded 
 within six months from the date thereof. S. of O. p. 267. 
 
 No leases, estates, or interests, either for freehold, or term 
 for years, shall at any time be assigned or granted, unless 
 by deed, or note in writing, signed by the party so assigning 
 or granting the same, or their agents, or attorney. 
 
 [Forcible Entry and Detainer. Code of Procedure, 1853.] 
 
 Any justice, within his proper county, shall have jurisdiction 
 in cases of unlawful and forcible entry into land, tenements, 
 &c. , and when he finds that such unlawful and forcible entry 
 has been made, and that the land, or tenements are held by 
 force, or that the same, after a lawful entry, are held by force, 
 then said justice shall cause the party complaining to have res- 
 titution thereof. 
 
 Proceedings may be had in all cases against tenants holding 
 over their terms, Stc, and in cases where the defendant is a 
 settler, or occupier of lands or tenements, without color or title, 
 and to which the complainant has the right of possession. 
 
 The party who commences the action must notify the ad- 
 verse party to leave the premises, which notice must be served 
 at least three days before commencing the action, by leaving a 
 written copy with the defendant, or at his usual place of abode, 
 if he cannot be found. 
 
 Complaint in writing, describing the premises and setting 
 forth the cause of complaint, must he filed with the justice, 
 before he issues his summons. The summons shall state the 
 cause of complaint, and time and place of trial, and shall be 
 sei-ved three days before the day of trial. If defendant does 
 not appear, the justice shall try the cause as though he was 
 present. No continuance shall be granted for a longer p&- 
 
98 landlords' & tenants' law. Michigan & iowa. 
 
 riod than eiglit days, unless defendant gives security for the 
 rent that may accrue, if judgment be rendered against him. 
 If the suit be not continued, place of trial changed, or neither 
 party demand a jury upon the return day of the summons, the 
 justice shall try the cause. If he shall conclude that the com- 
 plaint is not true, he shall enter judgment against the plaintiff 
 for costs ; but if he find the complaint true he shall render a 
 general judgment again.st the defendant and in favor of plain- 
 tiff, for restitution and costs. 
 
 M I CHIG AN. 
 
 Lease for one year or more must be in writing. 
 
 Whenever a tenant of any land for a less term than twenty- 
 five years shall be assessed to work on the highway for such 
 land, and shall perform such work, he shall be entitled to a de- 
 duction from the rent due, or to become due from him, for such 
 land, equal to the full amount of such assessment, unless other- 
 wise provided between such tenant and his landlord. 
 
 In all cases of neglect or refusal to pay the rent due on a 
 lease at will, fourteen days' notice to quit, given in writing by 
 landlord to tenant, shall be sufficient to determine the lease. 
 
 A widow may remain in the dwelling-house of her husband 
 one year after his death. 
 
 All estates at will may be determined by either party, by 
 three months' notice in writing for that purpose, given to the 
 other party ; and when the rent is payable at periods less than 
 three months, the time of such notice shall be sufficient, if it be 
 equal to the interval between the days of payment. 
 
 IOWA. 
 
 Code of Iowa. Three months' notice in writing is necessary 
 to be given by either party before he can terminate a tenancy at 
 will. But where rent is reserved, payable at intervals of less 
 than three months, the length of notice need not be greater than 
 such interval between the days of payment. Tn case of tenant's 
 occupying and cultivating farms, the notice must fix the termina- 
 tion of the tenancy to take place on the first day of April. 
 
 A tenant wilfully holding over the term, and after notice to 
 quit, shall pay double rent for the time he holds over. A land- 
 lord has a lien for his rent upon the crops grown upon the prem- 
 ises, as well as on the tenant's personal property used on the 
 premises. 
 
 In case of holding over by tenant, or for non-payment of rent, 
 three days' notice to quit must be given to tenant in writing. If 
 possession be not given, application by petition, in writing, and 
 sworn to, must be made to a justice of the peace, who shall re- 
 quire the tenant to appear before him in not less than two nor 
 more than six days from the time of notice. 
 
 Leases exceeding one year must be in writing. 
 
landlords' and tenants' law. KENTtfCKY. 99 
 
 KENTUCKY. 
 
 1. A conveyance of greater estate than tenant has shall not 
 work a forfeiture but shall pass all the estate the tenant has. 
 
 2. No tenant for less than two years shall assign his interest 
 or part thereof without written assent of landlord. 
 
 3. If tenant shall violate the foregoing provision, the landlord 
 may, after giving ten days' notice, oust the tenant or sub-tenant. 
 
 4. Either party may terminate a tenancy from year to year, 
 by giving three months' notice if in town, or six months' notice 
 if elsewhere. 
 
 5. Tenancy at will or by sufferance may be terminated by 
 one month's notice in writing from landlord to tenant requiring 
 him to remove. 
 
 6. If tenant after giving notice of intention to vacate prem- 
 ises shall not remove, the landlord may recover double rent. 
 
 7. The same rule to apply to tenant whose term is to end at 
 a time certain, or to whom by special agreement no notice was 
 to be given. 
 
 Rent reserved in money may be recovered by distress. If 
 payable otherwise, to be recovered by action. Where contract 
 is not by deed the landlord may recover reasonable rent. 
 
 Landlord shall not issue his own distress warrant, but justice, 
 judge, &c., where property lies, may issue warrant to constable 
 or sheriff, upon landlord's oath of amount due, and the officer may 
 take personal estate, and also of the sub-tenant on the premises. 
 If tenant has removed his property to another county the dis- 
 tress may be issued to that county. When tenant who shall be 
 liable to pay rent (whether in money or otherwise if the rent 
 will be due within one year thereafter) intends to remove, or is 
 removing, or has within fifteen days removed his property from 
 the leased premises, landlord may on oath state the facts, and 
 on giving bond to indemnify the tenant, if wrongfully issued, 
 may have a writ of attachment for the rent against personal 
 property of tenant. 
 
 All amounts less than $50. exclusive of costs and interest 
 shall be returned before a justice of the peace. All amounts 
 exceeding $50. before the circuit court. 
 
 If landlord dispose of the property rented, his assignee or 
 vendee may recover the rent for the balance of the term. 
 
 Rent may be recovered of lessee or other person owing it, 
 or his assignee, or under-tenant, or the representative of either, 
 in the manner before mentioned, for all time occupied by them. 
 
 Distress sball be limited to within six months after rent be- 
 comes due. 
 
 Distress or attachment may be levied on all personal prop- 
 erty of lessee, or his assignee, or under tenant, found on the 
 premises, or that may have been removed within fifteen days. 
 
100 landlords' and tenants' law. TENNESSEE. 
 
 If such property be subject to valid liens of creditors, only the 
 interest of such tenant, Sic, may be taken. 
 
 Landlord may have a lien on such produce of the farna or 
 other premises rented, and on the furniture and fixtures of lessee 
 or under-tenant, and on other personal estate not acquired after 
 he takes possession of premises ; but such lien shall not be for 
 more than one year's rent, nor for rent due more than four 
 months. Landlord's lien shall not extend beyond fifteen days 
 after the property has been removed from the premises, nor 
 against a purchaser in good faith. 
 
 Property exempted from execution shall also be exempted 
 from distress or attachment for rent. 
 
 Property taken on distress shall be advertised same as on 
 execution, and so much sold as may be necessary to pay arrear- 
 ages and costs, to highest bidder on a credit of three months, 
 the officer taking bond with security of purchaser for sale money. 
 If said bond be not paid at maturity, the clerk of the circuit 
 court may issue execution on the same, directed to the sherifi" 
 of any county plaintiff may designate. Distress may he re- 
 plevied by defendant giving bond with security, wrhereupon 
 the property shall be given up. If said bond is not paid, the 
 clerk may issue execution on the same, as before. 
 
 If property distrained for rent be not due, or accruing, or 
 taken under attachment without good cause, the owner may 
 recover double damages. 
 
 TENNESSEE. 
 
 When any debt shall be contracted to become due for rent, 
 whether by note, account, or otherwise, the amount to become 
 due shall be a lien on the crop growing or made on the prem- 
 ises, and shall have precedence over all other debts, till debt 
 is discharged. Provided, said lien shall only continue three 
 months from time due. 
 
 Landlord has a lien on crop, under the above act, whether 
 raised by his lessee or sub-lessee under his tenant, whether 
 due by note or otherwise. The lien attaches to the crop al- 
 though the sub-lessee may have given a note to the tenant, or 
 paid him for rent. 4 Yerg. 456. 
 
 Before a landlord can maintain a suit against the purchaser 
 of the crop, raised by his tenant, he must first obtain judgment 
 against the tenant for the amount of rent due him. 6 Yerg. 267. 
 
 If any tenant for term of life, years, or other person shall be 
 in possession of lands or tenements, and shall wilfully and 
 without force hold over after demand and notice in writing for 
 delivery of possession thereof, by the landlord, lessor, or° the 
 
landlords' and tenants' law. ARKANSAS. 101 
 
 person to whom the reversion of such lands or tenements belong, 
 his agent or attorney, then such person holding over shall be 
 guilty of an unlawful detainer. 
 
 To constitute a tenant guilty, who holds over against his 
 landlord, under the above section, there must have existed a 
 contract of rent or lease for a definite period, and the tenant 
 ■must hold over after receiving written notice to surrender pos- 
 session. M. & Y. 255. 
 
 The above se|ADn having limited no time at which a written 
 notice to quit shstl be given, if demand of possession be made, 
 and written notice be given for the delivery, and the tenant re- 
 fuse to surrender, the same may proceed at any time. 5 Y. 217. 
 
 If a party, agree to surrender premises when demanded, and 
 upon demand made, refuse to surrender, this will be an unlaw- 
 ful holding. 6 Y. 431. 
 
 Where one is by agreement to surrender on demand, he is 
 not entitled to notice. 
 
 Persons complained of for forcible entry and detainer, must 
 give security for costs. 
 
 No warranty results by implication of law, as to the contin- 
 uing condition of property demised by lease. The only im- 
 plied warranty is as to title, and any acts by or under the land- 
 lord, which could affect the use of the property. Against 
 every other event or contingency the tenant must provide by 
 express stipulation, in order to exonerate himself from the pay- 
 ment of rent. 1 Sneed's R. 613. 
 
 ARKANSAS. 
 
 Tenant giving notice of intention to quit the premises, and 
 failing to do so, to pay double rent thereafter. Persons holding 
 over, after expiration of term, and thirty days' previous notice 
 in writing given, requiring possession thereof, shall pay double 
 rent. 
 
 Landlord may recover for use and occupation under an agree- 
 ment not made by deed. In such action a parol demise, and 
 certain rent reserved, to be evidence ; and for lands, &c., held 
 without special agreement for rent, the owner may recover 
 compensation for use and occupation . 
 
 Landlord to have a lien upon the crop grown upon demised 
 premises in any year for rent, that shall accrue for such year, 
 to continue for six months after such rent shall become payable. 
 
 Whenever a half year's rent or more is in arrear, landlord, 
 if he has a subsisting right by law to re-enter for non-payment 
 of rent, may bring an action to recover possession. The ser- 
 
 I, «6 T 9 
 
102 LANDIOEDS'" AND TENANTS' L£W. ALABAMA! 
 
 vice of a summons in such action shall stand instead of a de- 
 mand, and of a re-entry of the demised premises. 
 
 If, on trial, it be proved, or upon judgment by default it ap- 
 pears to the court, by affidavit, that the plaintiff had a right tO' 
 commence such action, he shall have judgment to recover the 
 possession of such demised premises and costs of suit. 
 
 If the defendant before judgment is given, tenders to the land- 
 lord or brings into court, all rent in arrear, and all costs, all 
 further proceedings in the action shall cease ja 
 
 Leases for a longer term than one year moR be in writing. 
 
 All leases not put into writing and signed by the parties or 
 their agents, shall have only the effect of leases at will, and 
 shall not be deemed to "have any greater force than as leases 
 for the term of one year. 
 
 No lease for a term exceeding one year shall be assigned, 
 granted or surrendered, unless it be by deed or notice in writing, 
 signed by the party so assigning, granting, &c. 
 
 ALABAMA. 
 
 No leasehold estate can be created for a longer term than 
 twenty years. 
 
 No execution must be levied on goods or chattels, in pos- 
 session of and upon the premises of a tenant, held by lease for 
 one or more years, until the rent due or to fall due during the 
 current year is paid or tendered to the landlord, his agent or 
 attorney ; and the sheriff executing the writ must levy and sell, 
 as well for the repayment of the rent so tendered as for the 
 satisfaction of the execution. A levy may be made upon the 
 growing crop when there is no other property of the defendant 
 known to the sheriff, but no sale must be made until the crop 
 is gathered. It is the duty of the sheriff, at the request of 
 plaintiff, to employ hands to gather the crop, unless the de- 
 feindant offer to do so, and when sold the proceeds must be ap- 
 plied, first, to repay the cost of gathering it, and afterwards 
 to the satisfaction of the execution . 
 
 Tenant in possession, claiming under another, only liable for 
 rent in arrear at the time of suit brought, and that which may 
 accrue during the continuance of his possession. 
 
 A reasonable satisfaction may be recovered for the use and 
 occupation of land : 1 . Where there has been a demise by deed, 
 or by parol, and no specific sum agreed on as rent. 2. When, 
 "after a demise the tenant holds over without any further agree- 
 ment for rent. 3. When the tenant has been let into posses- 
 sion of the lands, which from the act of the tenant has not been 
 consummated. 4. When the tenant remains on the land by 
 the sufferance of the owner. 
 
lANDLORDs' AND TENANTS' X^W. MISSISSIPPI. 103 
 
 A landlord has a lien on the crop grown on rented land for 
 Tent for the current year, and is entitled to process of attach- 
 ment whether the reTit be due or not at the time the attachment 
 is sued out : — 1. When the tenant is about to remove crop 
 from the premises without paying the rent. 2. When he has 
 removed it, or any portion thereof, without consent of landlord. 
 
 The attachment may be levied on the crop in the hands of 
 the tenant, or purchaser from him. 
 
 Where a party enters upon and detains lands or tenements 
 in possession of another, by force, or when he enters peaceably 
 and keeps the party out of possession ; or where one has entered 
 lawfully into possession of lands or tenements, after the terrain 
 nation of his possessory interest, and refuses on demand in writ- 
 ing, to deliver possession to any one lawfully entitled thereto, a 
 ■complaint may be made to a justice of the peace, who will issue 
 a notice to the party complained of, commanding him to appear 
 before him, within six days before the return day of the pro- 
 cess, which notice maybe served on him anywhere within the 
 state. It is sufficient to leave a copy at his usual place of abode. 
 
 MISSISSIPPI. 
 
 Any landlord, where the agreement is not by deed, or con- 
 tract, laay recover a reasonable satisfaction for the lands or 
 tenements, held or occupied by defendant. 
 
 In all cases in which a notice is required to be given by the 
 landlord or tenant, to determine a tenancy, two months' notice 
 in writing shall be given where the holding is from year to 
 year, and one month's notice where the holding is by the half 
 year or quarter ; or where the letting is by the month or week 
 one week's notice in writing shall be given. 
 
 When any tenant shall fail or refuse to quit the premises as 
 required by said notice, or when he shall have given notice of 
 his intention to quit at a specified time, and shall fail to deliver 
 up the premises at the time in such notice contained, then, and 
 in either such case, the tenant -shall pay double rent for the 
 time he shall continue in possession. 
 
 Any tenant or lessee, at will, or at sufferance, or for part of 
 a year, or for one or more years, of lands or tenements, may 
 be removed by the judge of probate, or any justice of the peace 
 of the county, mayor, chief magistrate, or justice of the peace 
 •of any incorporated city or town where such premises are situ- 
 ated, in the following cases : Where such person shall hold 
 over after expiration of his term; — or, after default in payment 
 of rent, pursuant to the agreement, and satisfaction cannot be 
 •obtained by distress of any goods, and a demand of said rent 
 fihall have been made, or three days' notice in writing, requir- 
 
104 landlords' and tenants' law. GEORGIA. 
 
 ingthe payment of such rent, or the possession of the premises, 
 shall have been served by the person entitled to such rent, on 
 the person owing the same, in the manner prescribed by this 
 act for the service of the summons. 
 
 The landlord shall make oath of the facts, which, according 
 to the preceding article, authorize the removal of the tenant, 
 describing the premises, amount of rent due, and when payable, 
 and in ease uf a tenancy at will, or at sufferance, that the ne- 
 cessary notice to terminate such tenancy has been given. 
 
 The judge, or other magistrate, shall issue a summons to the 
 sheriff, or constable of the county, or marshal, police officer, or 
 constable of any incorporated city or town, where the premises 
 are situated, commanding him to require the person in posses- 
 sion, forthwith to remove from the same, or show cause before 
 such judge, in not less than three nor more than five days, 
 why possession of said premises should not be delivesed to such 
 applicant. 
 
 The person in possession may, at or before the time appointed, 
 file an affidavit with the magistrate, denying the facts, and the 
 matter thus controverted may be tried by such magistrate, or at 
 the request of either party, by a jury. 
 
 GEORGIA . 
 
 A person to whom rent is due, where the same does not ex- 
 ceed fifty dollars, may malie application to any justice of the 
 peace within the district, where tenant resides, and obtain 
 from the justice a distress warrant for the sum due, on his oath or 
 his agent's or attorney's in writing, and the same may be 
 levied on the goods of the tenant by any constable, who shall 
 advertise and sell the same under the same rules and regula- 
 tions as olher sales under execution. If over fifty dollars, 
 the distress shall be levied by the sheriff of the county. The 
 party distrained shall be entitled to replevy the goods, by making 
 oath that the sum or part thereof is not due, and giving security 
 for the payment. 
 
 Rent is not to be preferred to judgments against the person or 
 property so distrained. 
 
 Tenants holding over shall pay double rent monthly. 
 
 If any person leasing or renting house or land shall fail to 
 pay rent at the time it shall become due, the landlord may im- 
 mediately re-enter and take possession of the premises. 
 
 All contracts for rent to bear interest. Suits for rent to 
 stand for trial at the first term, unless good cause shall be 
 shown for the continuance, nor shall such action be continued 
 for more than one term, any law to the contrary notwithstanding. 
 
landlords' and tenants^ law. Florida. 105 
 
 When a tenant holds over and refuses to deliver possession, 
 the lessor or owner, on oath of the facts, may obtain a warrant 
 of the judge of the superior court, or any justice of the inferior 
 court, or justice of the peace, who shall grant a warrant to the 
 sheriff to remove the tenant and his property from the premises. 
 
 When the tenant shall declare on oath that his lease, whether 
 written or verbal, has not expired, or that he does not hold the 
 premises either by lease or rent from said person, or by any one 
 holding under him by rent or lease, he shall not be removed 
 from the possession. Sheriff to return proceedings to court, 
 and the fact shall be tried, and if determined against tenant 
 he shall pay double rent, and the plaintiff be put in possession 
 of the premises. 
 
 Whenever a person shall be a tenant of another, upon land 
 at will, or sufferance, or in any other way, when there is no 
 contract for rent, landlord may proceed to recover possession 
 in the manner before mentioned, except there shall be no ver- 
 dict or judgment, for double rent. 
 
 No leases, estates, or interests, either for freehold or term of 
 years, can be assigned, granted, or surrendered, unless it be by 
 a deed or note in writing. 
 
 When one half year's rent shall be in arrear, and the lessor 
 or landlord hath right by law to re-enter for non-payment, such 
 lessor or landlord may, without formal demand or re-entry, serve 
 a declaration in ejectment for the recovery of the demised prem- 
 ises. 
 
 Distress for rent may issue as well on the oath of the agent 
 or attorney of the party claiming rent, as of the said party in 
 person. 
 
 FLORIDA. 
 
 Any person ■who may have rent due, when the sum does not 
 exceed fifty dollars, may make application to any justice of the 
 peace of the county, and on affidavit of the same, the justice 
 shall issue a distress warrant, directed to any constable of the 
 county, -whose duty it shall be to levy on the property belong- 
 ing- to the tenant. Provided, however, that the party distrained 
 shall be entitled to replevy the property, and give bond and 
 security for the amount due. 
 
 If said property is not replevied within ten days after levy- 
 ing, the officer making the same, shall advertise and sell the 
 property. 
 
 No property of any tenant or lessee, shall be exempt from 
 •distress and sale for rent, except bed, bed clothes, and wearing 
 apparel. 
 
 L & T 9* 
 
106 landlords' and tenants' law. TEXAS. 
 
 If any person leasing op re-renting any land or house, shall 
 fail to pay rent at the time it becomes due, it shall be lawful 
 for the lessor immediately thereafter, to enter and take pos- 
 session of the property. 
 
 If tenant shall refuse to give possession of the premises at 
 the end of his lease, he shall pay double rent, which may be 
 recovered at the expiration of every month, or in the same pro- 
 portion for a longer or a shorter time, by distress in manner as 
 aforesaid. 
 
 When lands or tenements are not held or occupied under an 
 agreement or demise, landlord may recover a reasonable satis- 
 faction for use and occupation. 
 
 Any tenant or lessee at will, or at sufferance, or for part of 
 a year, or for one or more years, may be removed from such 
 premises in the manner following : — 1. When such person 
 holds over and continues in possession after the expiration of 
 his time, without permission of the landlord. 2. Where such 
 person holds over after default in payment of rent, and a de- 
 mand shall have been made, and three days' notice in writing 
 requiring payment or possession of the premises, shall have 
 been served on the person owing the same, by either delivering 
 him a copy, or if tenant be absent from his residence, by leav- 
 ing a copy at such place. 
 
 The landlord shall make oath in writing, of the facts which 
 authorize the removal of any tenant, describing the premises, 
 before some justice of the county, who shall summons the per- 
 son in possession forthwith to remove from the premises, or 
 show cause before the said justice, in not less than three nor 
 more than five days, why he should not be removed therefrom. 
 And if no sufficient cause be shown to the contrary, the said 
 justice shall issue his warrant to any constable, commanding 
 him to put said applicant in possession. 
 
 If the person in possession file an affidavit, denying the fects, 
 the case shall be tried by six jurors, to be immediately sum- 
 moned and empanelled for that purpose. 
 
 TEXAS . 
 
 All persons granting a lease of lands or tenements, either at 
 will or for a term, shall have a lien upon all the property of the 
 tenant upon the premises, for the payment of the rent under such 
 lease, whether the same is to be paid in money, cotton, corn, 
 or whatever else may be raised on the premises ; and such 
 lien shall continue in force so long as such tenant shall occupy 
 the premises, and for three months thereafter ; Provided, that 
 such lien shall not attach for more tlian three months after the 
 same shall be removed from the premises ; nor to any goods of a 
 
LANBLOEDS' AND TENANTS' LAW. VIRGINIA. 107 
 
 -merchant or trader after the same shall be sold in good faith. 
 Lien to be enforced by a distress warrant, on application to 
 any justice of the peace of the county ; Provided, such plaintiff, 
 his agent or attorney, shall make oath that the amount sued for 
 is for rent, or shall produce a writing from such tenant to that 
 eiFect. 
 
 If the sum is not more than one hundred dollars the warrant 
 to be returnable .to said justice, or to some justice of the county, 
 hut if more than one hundred dollars to the district court. 
 
 Landlords shall not have a preference over other creditors, 
 on any portion of tenant's property, except on the crop that 
 may be raised on rented premises. 
 
 The three months' lien shall only apply to the crop raised 
 on the premises, and to no other property of the tenant. Lien 
 not to continue beyond the first day of January next, after the 
 maturity of the crop, unless found on rented premises. 
 
 Party applying for distress warrant shall make oath and give 
 bond. 
 
 Landlords and tenants shall not be prevented from entering 
 into contracts in regard to lien as they may think proper ; Pro- 
 vided, that the rights of third persons shall not be affected, 
 unless contract be reduced to writing and put upon record. 
 
 Where tenant holds over his term, the person claiming pos- 
 session may institute a suit before some justice of the peace of 
 the county, and file with such justice a full and clear statement 
 of his complaint. The case to be tried by six jurors. The 
 party shall be summoned to appear before said jury, in not less 
 than five nor more than ten days. 
 
 If defendant shall fail to establish his right of possession, he 
 shall be condemned to pay three times the value of the rents 
 which may have accrued, besides being liable for all other 
 damage resulting from the illegal detention. 
 
 Lease for more than five years must be sealed and delivered. 
 
 VIRGINIA . 
 
 Statute form of a Deed of Lease in Virginia„[See Business 
 Man's Assistant, page 44.] 
 
 No estate for a term of more than five years, in lands, shall 
 be conveyed unless by deed. 
 
 Lease for a longer term than one year must be in writing. 
 
 A tenancy from year to year may be terminated by either 
 party giving notice in writing, prior to the end of any year, 
 for three months, if it be of land within and six months, if 
 without a town, of his intention to terminate the same. No 
 notice is required where there is a special agreement, or when 
 the term is to end at a certain time. 
 
108 L4.NDL0RDS' AND TENANTS' LAW. VIEGINIA. 
 
 If any tenant, from whom rent is in arrear, and unpaid, de- 
 sert or leave the premises, without goods thereon subject to 
 distress sufficient to satisfy said rent, the lessor or his agent 
 may post a written notice upon a conspicuous part of the prem- 
 ises, requiring the tenant to pay said rent within one month. 
 If the same be not paid within that time, the lessor shall be 
 entitled to possession, and the right of the tenant shall thence- 
 forth be at an end. But the landlord may recover rent up to 
 that time. 
 
 When the agreement is not by deed landlord may recover 
 by distress or action, for use and occupation. 
 
 Rent may be recovered from the tenant or his assignee, or 
 the personal representative of either. 
 
 Rent may be distrained for, within five years from the time 
 it becomes due, whether the lease be ended or not. 
 
 The distress shall be made by a constable, sheriff, or other 
 officer of the county, or corporation, wherein the premises or 
 some part thereof may be, or the goods liable to distress may 
 be found, under warrant from a justice, founded upon an affi- 
 davit of the person claiming rent, or his agent, that the amount 
 as he verily believes is justly due for rent from the person of 
 whom it is claimed. 
 
 The distress may be levied on any goods of the lessee or his 
 assignee, or under tenant, found on the premises, or which may 
 have been removed therefrom within thirty_days. If the goods, 
 when carried on the premises, are subject to lien, his interest 
 only shall be liable to distress. If lien be created while they 
 are on the leased premises, they shall be liable to distress, but 
 not for more than one year's rent, whether it shall have accrued 
 before or after the creation of the lien. No other goods shall 
 be liable to distress than such as are declared to be so liable in 
 this section. 
 
 The officer having such distress warrant, if there be need of 
 it, may, in the daytime, break open and enter into any house 
 or close, in which there may be goods liable to the distress. 
 
 Where goods are distrained, or attached for rent, "reserved in 
 a share of th§ crop, or in any thing other than money, the 
 claimant having given tenant ten days' notice, or if he be out 
 of the county, having set up the notice in some conspicuous 
 place on the premises, may apply to the court, and the court 
 having ascertained the value, either by its own judgment, or if 
 either party require it, by the verdict of a jury, shall order the 
 goods to be sold. 
 
 Any person who shall have a right of entry, by reason of 
 any rent being in arrear, or breach of any covenant or condition, 
 may serve a declaration in ejectment on tenant in possession, or 
 if possession be vacant, by affixing the declaration upon the 
 
landlords' and tenants' law. delawaee. 109 
 
 chief door of any messuage, or any notorious place on the prem- 
 ises; which service shall be in lieu of a demand and re-entry ; 
 and upon proof to the court by affidavit in case of judgment by 
 default, or upon proof on the trial,vthat the rent claimed was 
 due, and no sufficient distress was upon the premises,. or that 
 the covenant or condition was broken before the service of the 
 declaration, and that plaintiff had power thereupon to re-enter, 
 he shall recover judgment and have execution for such lands. 
 
 Unless defendant, or other person for him, pay rent with in- 
 terest and costs, within twelve months after execution, he shall 
 be barred of all right to be restored to such lands or tenements. 
 
 DELAWARE. 
 
 Any contract, or consent, pursuant to which a tenant shall 
 enter into, or continue in possession of lands, tenements, or 
 hereditaments, under an agreement to pay rent shall be a demise. 
 
 Where no time is expressly limited, a demise shall be con- 
 strued to be for a year, except of houses and lots usually let for 
 a less time. 
 
 No demise, except it be by deed, shall be effectual for a 
 longer term than one year. 
 
 If there be a demise for a term of one or more years and 
 three months or upwards, and before the end of the term either 
 the landlord do not give notice in writing to the tenant to re- 
 move, or the tenant do not give like notice to the landlord of his 
 intention to remove, the term shall be extended for another 
 year, for which the tenant shall pay rent. 
 
 Tenant holding over, after notice as aforesaid, shall pay 
 double rent, and such withholding of possession shall be deemed 
 a forcible detainer. 
 
 Satisfaction for use and occupation, by permission of a per- 
 son, without demise by deed or contract under seal for rent, may 
 be recovered in an action on the case upon assumpsit, and also 
 where a person entered into possession under a contract to pur- 
 chase. 
 
 A distress will lie for any rent arrear, either of money, or a 
 quantity or share of grain, or other produce, or of anything cer- 
 tain, and whether the same be a rent accruing upon a demise 
 for life, or a term of one or more years, or a less time, or at 
 will, or a rent-charge, rent-seek, quit-rent, or otherwise. 
 
 The person entitled to such rent, whether the original lessor, 
 or an assignee, heir, executor, or administrator, may distrain 
 for the same, either personally, or by bailiff. 
 
 If the tenant remove his goods or chattels, without payment 
 of rent due or growing due, and without written permission of 
 landlord, the goods so removed, unless sold fairly and for a val- 
 
110 landlords' and tenants' law. CALIFORNIA. 
 
 liable consideration and delivered to the buyer, shall be liable 
 to be distrained for said rent for forty days after the removal, or 
 if the rent be not in arrear for forty days after the rent shall 
 become in arrear. Notice must be given to tenant of the prop- 
 erty, distrained, and if it be not replevied within five days, after 
 the day of notice, the sheriff or constable shall have the same ap- 
 praised, and after six days from the appraisement of the prop- 
 erty and not replevied, the sheriff, or any constable, shall sell 
 the same, first giving at least six days' notice, by advertise- 
 ments posted in at least five public places in the county. 
 
 No distress shall remain in force more than sixty days. If 
 not sold within that time, the property shall be discharged from 
 the distress. 
 
 In no case shall distress be taken for rent after the expira- 
 tion of two years from its becoming in arrear. 
 
 Landlord may have an attachment for rent not due, by filing 
 an affidavit with the prothonotary of the county, fhat he believes 
 the tenant intends to remove his effects from the county, or 
 otherwise dispose of them , so as to defeat a distress for said rent. 
 
 Goods discharged if tenant give bond. 
 
 Any estate purely at will, sliall end three months after notice 
 to quit ; or at the time specified in the notice if more than three 
 months. 
 
 CALIFORNIA. 
 
 No person or persons shall make any entry into lands, tene- 
 ments, or other possessions, but in cases where entry is given 
 by law, and in such cases, not with strong hand nor with mul- 
 titude of people but only in a peaceable manner ; and if any per- 
 son do the contrary, and thereof be duly convicted, he shall be 
 punished by fine. 
 
 Any justice of the peace, on complaint made in writing of 
 such unlawful forcible entry, or unlawful detainer, shall have 
 authority to inquire into the same, and if it be found upon the 
 trial of any complaint under this act, that an unlawful entry or 
 detainer hath been made, shall cause the party complaining to 
 have restitution of the premises, and shall impose such fine, not 
 exceeding one hundred dollars, and tax the cost of complainant, 
 and may issue execution therefor. 
 
 In all cases of a verdict by the justice or jury for the com- 
 plainant, the damages shall be assessed for waste and injury 
 committed upon the premises as for the rents and profits during 
 such detainer, and the verdict shall find the monthly value of 
 the rents and profits of said premises ; and the complainant shall 
 be entitled to recover treble damages against the person against 
 whom judgment has been rendered. 
 
landlords' fc tenants' law. n. Carolina. Ill 
 
 When any person shall hold over any lands or tenements, 
 after the termination of the time for which they are demised, or 
 let, contrary to the conditions or covenants of the lease or agree- 
 ment, under which he or she holds ; or after any rent shall be- 
 come due according to the terms of such lease or agreement, 
 and shall remain unpaid for the space of three days, in all such 
 cases, if the landlord, his representatives, or attorney, shall 
 make demand in writing of such tenant that he shall deliver 
 possession of the premises, and he shall neglect or refuse for 
 the space of three days after such demand, to quit the possession 
 of such lands or tenements, or to pay rent thereof, upon com- 
 plaint therefor to any justice of the peace of the proper county, 
 the justice shall proceed to hear, try, and determine the same, 
 as in the other cases herein-before provided for, — hut shall im- 
 pose no fine upon any such case mentioned in this section. 
 
 The preceding section shall not extend to any person who 
 has, or shall have continued in possession one year after Ihe 
 termination of the time for which the premises were leased, or 
 let, or to any person who continues in possession three years, 
 quietly and peaceably. 
 
 If either party shall feel aggrieved by the verdict of the jury 
 or decision of the justice, he may appeal within ten days, and 
 give bond, conditioned to pay all costs, rent and other damages 
 accruing during the pending of such appeal. 
 
 Every contract for the leasing, for a longer period than one 
 year, is void, unless the contract, or some note or memorandum 
 thereof expressing the consideration, be in writing. 
 
 No lands shall be conveyed by lease or otherwise, except in 
 fee and perpetual succession, for a longer period than ten years ; 
 nor shall any town or city lots, or other real property, be so 
 conveyed for less than twenty years. All leases hereafter 
 made contrary to this act shall be void. 
 
 NORTH CAROLINA . 
 
 Rents payable in crops sufficient to satisfy the rent for the 
 year, are exempt from execution, except for taxes, unless the 
 party at whose suit the execution may issue shall, before re- 
 moval, set apart for the landlord, he having due notice thereof, 
 the rent reserved, or shall satisfy him therefor. 
 
 Landlord may recover for use and occupation, where the de- 
 mise is not by deed. 
 
 Verbal agreements for leases for any land, for more than 
 three years, and those for mining for any time, though less 
 than three years, are void by Statute. 13 Ire. 279. 
 
112 LANDLOEDS' AND TENANTS' LAW. MINNESOTA. 
 
 All leases required to be put in writing, upon due proof or 
 acknowledgment thereof, in the manner provided for the con- 
 veyance of land, shall be registered in the proper county within 
 two years from date. 
 
 The estate of a tenant at will is determined by a demand of 
 possession by the owner. 
 
 MINNESOTA. 
 
 All estates at will or by sufferance, may be determined by 
 either party, by three months' notice given to the other party, 
 and when the rent reserved in a lease at will is payable at pe- 
 riods of less than three months, the time of such notice shall be 
 sufficient if it be equal to the interval between the times of 
 payment, and in all cases of neglect or refusal to pay rent 
 on a lease at will, fourteen days' notice to quit in writing 
 by the landlord to the tenant, shall be sufficient to determine 
 the lease. 
 
 Contract for leasing for a longer period than one year, unless 
 in writing, is void. 
 
 Persons holding over lands, tenements, or other possessions, 
 after the termination of the time for which they are demised or 
 let, or after any rent shall become due according to the terms of 
 such lease or agreement, and shall remain unpaid for the space 
 of three days, or if the landlord , his agent or attorney shall make 
 demand in writing of the tenant for possession of the premises, 
 and such tenant shall refuse or neglect for the space of three 
 days after such demand to quit possession, or to pay rent so due 
 as aforesaid ; then upon complaint thereof to any justice of the 
 peace of the proper county, the justice shall proceed to hear, 
 try, and determine the same 
 
 The preceding section shall not extend to any person who 
 has, or shall have continued in possession three years, after the 
 termination of the time for which the premises were demised, 
 or let to him or her, or those under whom he or she claims ; 
 or to any v/ho continues in possession three years, quietly and 
 peaceably by disseizin. 
 
 The complainant shall be entitled to bring a civil action 
 against the person complained of, and if on trial such person be 
 found guilty, may recover treble damages from the time of 
 notice to quit, and until that damages only. 
 
FORMS OF LEASES, 
 
 Agreement for Lease, Guarantee of Lease, Special 
 Covenants, Surrender of Lease, Assignments of 
 Lease, Notices to Quit for Non-payment of 
 Rent and to Determine Tenancy, etc. 
 
 10 
 
FORMS 
 
 AGREEMENTS, LEASES, ETC. 
 
 CHAPTER IV. 
 
 Agreement for a Lease. 
 
 Memorandum of an Agreement made this day of 
 
 , 18 , between A. B., of , of the one part, and C. D., of 
 
 , of the other part : 
 Witnesseth, That the said A. B. agrees to let, and the said C. D. 
 agrees to take on lease for the term of years, to be computed 
 
 from the date hereof, all those premises situate in , at the 
 
 yearly rent of dollars per annum, to be paid quarterly, and to 
 
 commence from the first day of July next, without any deduction 
 whatsoever, for or on account of taxes, &c., the said lease to con- 
 tain the same covenants as are contained in the lease from J. O. to 
 the said A. B., and also that all erections now on the premises are 
 to be left." 
 
 Signed, &c. A. B 
 
 C. D. 
 
 Short Lease of a House, or Store. 
 
 This Indenture witnesseth, that I, A. B., of , do hereby 
 lease to C. D.,of , for the term of one year, to commence on 
 the day of next, the dwelling-house [or store], numbered 
 22 Washington street, in the city -of , with the appurtenances, 
 for the yearly rent of hundred dollars, to be paid in quarterly 
 
 payments of dollars each, on the first day of the months ot 
 
 April, July, October, and January. 
 
 And C. D. promises to pay A. B. the said rent at the times above 
 specified, and to quit and surrender the premises at the expiration of 
 the term in as good condition as reasonable use thereof will per- 
 mit, fire, and other unavoidable casualties excepted. 
 
 In witness whereof, the said parties have hereunto interchange- 
 ably set their hands and seals this day of A. D. 185 . 
 
 A. B. [L. S.J 
 C. D. [L. s.j 
 InpreseTice of 
 
 * The above agreement does not amount to an actual lease, there being on 
 clause showing that the defendant was to have the land from the time of e»e- 
 CDting the agreement, 4 Jor. 490. 
 
116 FOHMS OF LEASES. 
 
 Lease of Two Rooms with Privileges, 
 
 This Iwdenture witnesseth, That I, A. B., of , do here, 
 by demise and lease tq C. D., of , one back room in the second 
 story, and one room in the third story, with a privilege in the 
 kitchen, back- yard, and cellar; being part of the house and appur- 
 tenances now occupied by sundry tenants, situate in B. street, No. 
 4, in the city of B 
 
 To hold the same for the term of two years, from the day 
 
 ■Bt next, the said lessee yielding and paying therefor the rent 
 
 or sum of dollars a year, payable weekly [or, monthly,] by 
 
 equal and even portions ; the first payment to be made on the 
 day of next ensuing the date hereof. 
 
 And the said C. D. agrees to pay the said A. B., the above rent 
 as aforesaid, and at the end of the term, peaceably quit the said 
 premises, leaving them in as good condition and repair as they are 
 now in, reasonable Wear, accidental fire, and other unavoidable 
 casualties excepted. 
 
 Witness our hands and seals, this day of , A. D. 185 . 
 
 A. B. [L. s.] 
 Executed in presence of C U. [L. S.J 
 
 GnarayUee for Payment of Rent^ 
 
 In consideration of the letting of the within described pTemises, at my re* 
 quest, I do hereby guarantee to Mr. A. B., Ihfc punctual payment of the rent 
 therein mentioned for one year, and no longer. E. F. [l. b.] 
 
 In presence of 
 
 Lease of House, or Store. 
 
 This IwDEWTtJRE, made this day of , 185 , between 
 
 A. B. of , and C. D. of , witnesseth : — 
 
 That the said A. B., in consideration of the agreements of the said 
 C. 1). hereafter mentioned, does hereby lease to the said C. D. the 
 dwelling-house [or store] wilh the appurtenances, numbered 44 
 
 B. street, in the city of B., now occupied by J. E. 
 
 To have and to hold the same to the said lessee for the term of 
 four years from the date hereof. And the following are the terms, 
 conditions, and provisions of this lease :-r- 
 
 The rent of said store [or house], annually during said term shall 
 be dollars, which said lessee agrees to pay said lessor in quar- 
 terly payments of dollars each ; the first payment thereof to be 
 ■ made on the day of now next ensuing. 
 
 And the lessee promises to make no unlawful or offensive use of 
 the premises, to pay all taxes and assessments that shall be levied 
 on the same, to keep the premises in good repair, and deliver up the 
 same to the lessor at the end of the term in reasonably good order and 
 condition, fire and unavoidable casualties excepted. 
 
 And the lessor agrees that the lessee shall occupy the premises 
 during the term free from all lawful claim of any other person. 
 
 In case said store shall be destroyed or rendered unfit for its ac- 
 customed uses by fire or other unavoidable casualty during the said 
 term, thereupon this lease sh^U be terminated. 
 
 If said lessee shall neglect to make any quarterly payment of rent, 
 
FORMS OF LEASES. 117 
 
 OP pay any tax' or assessment, or .refuse or neglect to fulfil any 'con- 
 dition herein on his part contained, for the term ot days after 
 said lessor shall in writing have given him notice of such neglect, 
 thereupon the said lessor may enter the premises and expel the said 
 lessee therefrom, without prejudice to any remedies which might 
 otherwise be used for arrears of rent or preceding breach of covenant. 
 In witness whereof the parties have hereunto interchangeably 
 set their hands and seals the day and year first above written, 
 
 A. B. [L. s] 
 C. D. [L. s.] 
 in presence of 
 
 Guarantee for Payment of Rent. 
 In consideration of the letting of the above described premises, and of one 
 dollar to me paid, I do hereby promise and bind myself, that the said C. D. 
 shall pay the rent and perform the above lease or agreement on his part in all 
 respects, for one year, and no longer. 
 
 Witness my hand and seal, the day of — ^, IS — . 
 
 E. F. [L. s.] 
 In presence of 
 
 Lease of Furniture, or Goods. 
 This Indenture, made this day of ,185 .between 
 A B. of , and C. D. of. , witnesseth : 
 
 That in consideration of the rents and agreements to be paid and 
 performed on the part of the said C. D., the said A. B. does hereby 
 lease to the said C. D., the household furniture [or goods] de- 
 scribed as follows : 
 
 S Looking Glasses, Marked X. B. on the back. 
 
 1 Bureau, " A. B. on the back. 
 
 1 Grecian Table, " A. E. under the leaf. 
 
 12 Mahogany Chairs " A. B. under the seat. 
 
 12 Silver Tea Spoons " A. B. on the handle. 
 
 1 Piano, " A. B on the back. 
 
 2 Kidderrilinster Carpets, " A. B. in the corner. 
 
 To have and to hold the same to the said lessee, for the term of 
 years, from the date hereof, the said lessee paying therefor the 
 yearly rent of dollars during the said term. 
 
 And the said lessee covenants with the said lessor, that he will 
 pay the rent aforesaid, in monthly payments of dollars each, on 
 the day of each month, during said term, and for such further 
 time as the lessee may hold the same ; and that he will not assign 
 nor underlet the said , nor any part thereof, without the writ- 
 ten consent of said lessor : and that he will at his own expense 
 replace any and all of said which shall be lost, or carelessly 
 
 or accidentally injured during the said term ; and at the expiration 
 thereof, or the sooner termination of this lease, he will restore the 
 said to the said lessor, in the like good order in which they 
 
 now are, wear and diminution resulting from reasonable use and 
 unavoidable casualties excepted. 
 
 And it is agreed that, until condition broken, said C. D. shall 
 peaceably retain possession of said chattels. 
 
 In witness whereof, the said parties have hereunto, &c. 
 
 A. B. [L.'s.] 
 C. D. [L. s.] 
 jHpresence of 
 
 L & T • 
 
118 FORMS OF LEASES. 
 
 •On Unexceptionable Lease. 
 
 This Indenture, made the day of in the year 
 
 eighteen hundred and , hetween A. B., of , of the one 
 
 part, and C. D., of , of the other part, 
 
 Witnesseth, That in consideration of the covenants herein con- 
 tained on the part of the said C. D. and his representaHves, to be 
 kept and performed, he the said A. B. doth hereby grant, demise, 
 
 and lease unto the said C. D. and his representatives, [Aere 
 
 describe the premises and situation^] 
 
 To hold the said premises, with the rights, easements and appurte- 
 nances thereto belonging, unto the said C. D. and his representa- 
 tives, from the day of , during the full term of years, 
 
 thence next ensuing. 
 
 yielding and Paying (except only in case of fire or other cas- 
 ualty, as hereinafter is mentioned) the rent or sum of dollars 
 
 yearly, by equal quarterly payments, to wit .• on the days o( 
 
 — , — , — , and — , in every year during said term and at that rate fol 
 such further time, as the said Lessee, or those claiming under him, 
 shall hold the said premises or any part thereof; the first payment 
 thereof to be made on the day of now next ensuing. 
 
 And the said Lessee for himself and his representatives, hereby 
 covenants and agrees with and to the said Lessor, his representatives 
 and assigns, that he and they will during the said term, and for such 
 further time as the said Lessee or those claiming under him shall 
 hold the said premises, or any part thereof, pay unto the said Lessor 
 his heirs and assigns, the said yearly rent as aforesaid, upon the days 
 hereinbefore appointed for the payment thereof, (except only in case 
 of fire or other casualty, as hereinafter mentioned,) and also all the 
 taxes and assessments whatsoever, whether in the nature of taxes 
 now in being or not, which may be payable for, or in respect of the 
 said premises or any part thereof, during said term : and also will keep 
 all and singular the said premises in such repair, as the same are 
 in at the commencement of said term, or may be putjn by the said 
 Lessor or his representatives, during the continuance thereof; 
 reasonable use, and wearing thereof, and damage by accidental fire 
 or other inevitable accidents alone excepted. 
 
 And the said Lessee further covenants and agrees with and to the 
 said Lessor, and his heirs and assigns, that he or others having his 
 estate in the premises, will not assign this lease, nor underlet the 
 whole or any part of the said premises ; and that no alteraUons or 
 additions shall be made during the term aforesaid, in or to the same, 
 without the consent of the said Lessor or of those having his estate 
 in the premises being first obtained in writing allowing thereof; and 
 also, that it shall be lawful for the said Lessor and those having his 
 estate in the premises, at seasonable times, to enter into and upon 
 the same, to examine the condition thereof: And further, that he 
 the said Lessee and his representatives, shall and will, at the expi- 
 ration of said term, peaceably yield up unto the said Lessor or those 
 having his estate therein, all and singular the premises, and all fu- 
 ture erecUons and additions to or upon the same, in good tenantable 
 repair in all respects, reasonable wearing and use thereof, and dam 
 age by fire, or other casualties ejscepted- 
 
FORMS OF LEASES. 119 
 
 Provided dlways,anA these presents are upon this condition, that 
 if the said Lessee or his representatives or assigns, do or shall neg- 
 lect or fail to perform and observe any or either of the above cov> 
 enants hereinbefore contained, which on his or their part are to be 
 performed, then, and in either of said cases, the said Lessor or those 
 having his estate in the said premises, lawfully may, immediately 
 or at any time thereafter, and whilst such neglect or default con- 
 tinues, and without further notice or demand, enter into and upon 
 the said premises, or any part thereof, in the name of the whole, 
 and repossess the same as ol his or their former estate, and expel 
 the said Lessee and those claiming under him, and remove his or 
 their effects, (forcibly if necessary) without being taken or deemed 
 guilty of any manner of trespass, and without prejudice to any rem- 
 edies, which might otherwise be used for arrears of rent, or pre- 
 ceding breach ol covenant. 
 
 Provided also, Thatin case the premises, or any part thereof, shall 
 during said term, be destroyed or damaged by fire, or other unavoid- 
 able casualty, so that the same shall be thereby rendered unfit for 
 use and habitation, then, and in such case, the rent hereinbefore 
 reserved, or a just and proportionate part thereot, according to the 
 nature and extent of the injury sustained, shall he suspended, or 
 abated! until the said premises shall have been put in proper con- 
 dition for use and habitation by the said Lessor; or these presents 
 shall thereby be determined and ended at the election of the said 
 lessor [lessee] or his representatives." 
 
 And the said lessor doth promise that while the lessee and his 
 representatives, pay the rent and perform the covenants herein na- 
 med, they shall peaceably hold and enjoy said premises. 
 
 In witness whereof, the said parties have hereunto interchange- 
 ably set their hands and seals the day and year first above above- 
 mentioned. A. B. [l. s.] 
 
 Executed in presence of C. D. [l. s ] 
 
 * WilhouT an express covenant to the contrary, the tenant is bound to con- 
 linue the paymenl of rent, though the premises be destroyed by fire, and the 
 landlord refuse to rebuild. If u lessee covenants lo pay rent, and to repair, 
 with an exp'ess exception of casualties by fire, he maybe obliged to pay rent 
 during the whole term, though the premises are burnt down by accident, and 
 never rebuilt by the lessor. 1 T. R. 310. Nor can he be relieved by a court 
 of equity, Ansl. 637. unless periiaps the landlord has received the value of his 
 premises by insuring. Arab. 621. And if he covenants to repair generally, 
 without any expressexceplions, and the premises are burnt down, he is bound 
 lo rebuild them. 1 T. R. 650. 
 
 Guarantee for Payment of Rent. 
 
 In consideration of the execution of the above written lease, at our request 
 v?e do hereby guarantee to the said A. B.the true and punctual payment of the 
 rent reserved at the times and in the manner therein mentioned, and ill default 
 thereof promise to pay the same on demand. 
 
 Witness our hands and seals, this • — day of, &c. E. E. j^. s.} 
 
 Executed in presence of F. F. [l. 8.] 
 
 Lease of a Farm on Shares. 
 This iivdenture, &c. [same as preceding Lease.] 
 
 *NoTK.— Or returned to said C. I)., (in case llie rent was paid in advance. 
 
120 FORMS OF LEASES. 
 
 Witnesseth, That, in consideration of the covenants herein con- 
 tained on the part of the said C. D. and his representatives, to be 
 Ifept and performed, he, the said A. B., doth hereby grant, demise 
 and lease unto the said C. D., and his representatives, the [here de- 
 scribe the premises] ; and all the stock and farming utensils, of 
 every name and nature, now being in or upon the same, belonging 
 to the said A. B. 
 
 To have and to hold the above mentioned and described premises, 
 stock and farming utensils, with the rights, easements and appurte- 
 nances thereto belonging, unto the said lessee, and his representa- 
 tives, from the day of , eighteen hundred and fifty ,for 
 and during the lull term of years thence next ensuing. 
 
 In consideration whereof, the said lessee hereby covenants ani 
 agrees, to and with the said lessor, that he will occupy, till, and in 
 all respects cultivate the premises above mentioned, during the 
 term aforesaid, in a busbandlike manner and according to the usual 
 course of husbandry ; that he will not commit any waste or damage, 
 or suffer any to be done; that he will keep the fences and buildings 
 on the said premises in good repair; and that he will deliver to the 
 said lessor, and his representatives, or to his or their order, one 
 equal half of all the proceeds and crops produced on the said farm 
 and premises aforesaid, of every name, kind and description, to be 
 divided on the said premises, in the mow, stack or half bushel, accord- 
 ing to the usual course and custom of making such divisions in the 
 neighborhood, and in a seasonable time after such crops shall have 
 been gathered and harvested. 
 
 It is further understood and agreed between the aforesaid parties, 
 that the said lessor shall furnish in due season, one-half of all the seed 
 necessary to be sown on said premises, and pay half of all taxes which 
 may be assessed on the same ; and that the lessee shall do, or cause 
 to be done, all necessary work and labor in and about the cultiva- 
 tion of the said premises ; that he is to have full permission to en- 
 close, pasture, or till and cultivate the said premises, so far as the 
 same may be done without injury to the reversion, and to cut all ne- 
 cessary timber for firewood, farming purposes, and repairing fences. 
 
 And the said lessee agrees that he will carefully tend and fodder 
 the stock kept on the said premises, with the hay and other fodder 
 which shall grow or be raised on said premises ; and that he will 
 not sell, dispose of or carry away, or suffer to be carried away from 
 said farm any of the hay or fodder of any kind, but will leave there- 
 on all the hay and fodder which shall not be consumed by the stock 
 aforesaid, and all the manure which shall be made on said premises, 
 for the sole use and benefit of the said lessor. 
 
 And it is further agreed that the said lessee, and his representa- 
 tives, shall at the expiration of said terra, peaceably yield up unto 
 the said lessor, or those having his estate therein, all and singu- 
 lar the premises, and all future erections and additions to or upon 
 the same, in good tenantable .repair in all respects, reasonable 
 wear, damage by fire, and other unavoidable casualties excepted. 
 
 In witness whereof the said parties have hereunto, &c. 
 
 A. B. [L. S.J 
 ExeeittcdinpresetKeo/ CD. [l. s.] 
 
SPECIAL COVENANTS. 121 
 
 Covenants. 
 
 And the said lessor covenants with the saidlesseelhat the premises are in 
 good tenantable condition, and especially thatlheombuildingSj privy, &c., are 
 in good repair. 
 
 Provided alsoy That in case the premises, or any part thereof, shall during 
 said term, become untenantable from any cause other than the wrongful 
 acts of the tenant, then, and in such case, the rent hereinbefore reserved, or 
 a just and proportionate part thereof, accordin"- to the nature and extent of 
 the injury sustained, shall be suspended, or abated until the said premises 
 shall have been put in proper condition for use and habitation by the said 
 Lessor ; or these presents shall thereby be determined and ended at the elec- 
 tion of the said Lessee. 
 
 And the lessor agrees that if at any time the water fixtures {a pump) get out 
 of repair, or the water becomes impure, from any otlier cause than the wrong- 
 ful acts of the tenant, the landlord shall, upon notice thereof, cause the neces- 
 sary repairs and cleansing to be made in a reasonable lime ; and if the tenant 
 is obliged to buy w^ater on account of the water fixtures being out of repair, or 
 of the failure or impurity of the water, the expense thus incurred, the tenant 
 having given the lessorreasonable notice of the fact, shall be deducted from 
 the rent. 
 
 And the lessor further agrees that he will keep the roof and outside walls of 
 the house tight, and in ^ood repair, and will paint the outside walls every 
 third year, and paint the inside, paper the rooms &c. 
 
 And the said lessor doth promise that while the lessee and his representa- 
 tives, pay the rent and perform the covenants herein named, they shall peace- 
 ably hold and enjoy said premises ; subject however, always to the legal rights 
 (if any) of the owners of the equity of redemption, and subsequent mortgagees. 
 
 And further, that in case said building, or any part thereof, shall be destroy- 
 ed or injured during the term, by fire or other casualty, and the lessor or those 
 having his estate in the premises, shall rebuild or repair the same, so that their 
 value shall be increased, the said lessee or his representatives, shall pay such 
 additional rent, for the residue of the term, as shall be just and reasonable. 
 
 And it is further provided and agreed, that either party may at his pleasure 
 erminate this lease on the terms and conditions, that he shall have fulfilled all 
 the covenants herein on his part contained, that he shfiU pay to the other party 
 
 the sum of dollars for his privilege to terminate the lease, and that he shall 
 
 give to the other party ten days' previous notice inwriling of his intention to 
 terminate the same. 
 
 And the lessee shall have the right lo extend this lease four years from its 
 termination, giving three jnonths notice previous thereto of his intention to do 
 the same. 
 
 And said lessee agrees to defray all the expense of emptying the Drains, 
 Privy, and Cesspool, when necessary, and keeping the same conformably 
 with the By Laws and Ordinances of the city of . 
 
 And said lessee agrees to pay all the expenses connected with the Cochil- 
 uate Water, and all damages to the demised premises caused thereby. 
 
 And the said lessee, for himself, his representatives, and assigns, further cove- 
 nants and agrees with and to the said lessor, his representatives and assigns, that 
 he or others having an estate in the premises, will not keep or sell, or suffer to be 
 kept or sold, any ardent spirits; nor will he use, or suffer, or permit the use of 
 camphene or spirit gas on the premises ; and the said lessee further agrees, that 
 he will in no way use or permit the use of any infiammahle material, whereby the 
 risk from fire may be increased. 
 
 And inasmuch as the glass in the several windows of said premises are now 
 entire and unbroken, the said lessee promises and agrees that, in this particular, 
 the premises shall be restored to the lessor in the same condition. 
 
 And the said lessee doth hereby covenant and agree to and with the said lessor, 
 
 that he, the said lessee, his representatives and assigns, shall and will, within 
 
 months next after the date hereof, lay out and expend the sum of dollars, in 
 
 repairing the said tenement, hereby ^demised, [or shall, and will, at his own 
 proper coat and charges, well and sufficiently put the said tenement hereby de- 
 mised, in a good, sufficient, and tenantable repair, and particularly shall and 
 will] (here mention the particulars agreed on.) 
 AwD in case the said rent or taxes shall be in arrear for the space of one week, 
 
123 SPECIAL COVENANTS. 
 
 and the aame shall have been duly demanded, on or after the day when the sams 
 ■hall have become payable ; or if the leasee, in case of his insolvency, Bhall fail 
 to give reaaonable security for the payment of all sums then due, and thereaftei 
 to grow due, under this lease; the lessor, or those having an estate m the prem- 
 iaes, whilst such neglect or default continues, may, without further notice or de- 
 mand, enter upon the premises, and expel the lessee and those holding under 
 him, or may otherwise evict him or them without prejudice to any remedies 
 which might otherwise be used for arrears of rent, or preceding breach of cova- 
 nant; and thereupon the lessor may, at his discretion, re-let the premises at the 
 risk of the lessee, who shall remain (for the residue of said term) responsible for 
 the rent herein reserved, and shall be credited with such amounts only as shall be, 
 by the lessor, actually realized. 
 
 The taxes assessed upon the whole building, (when occupied by more than one 
 tenant,) are to be apportioned every year upon the several apartments in the 
 building rateably, according to the rant reserved for each occupant at the time of 
 the assessment, and the proportion, or amount payable by the said lessee, ts to be 
 ascertained in that manner. 
 
 If at any annual assessment of taxesj any apartment is not let, the rate of rent 
 thereof existing at the next preceding assessment, (or a rent proportioned to 
 those then occupied) shall be talten for the purpose of this apportionment. 
 
 And also, will keep all and singular the said premises in such repair as the 
 same are in at the commencement of said term, or may be put in by the said les- 
 sor, or his representatives, during the continuance thereof; and pay all charges 
 for cleansing which may be payable for, or in respect of the premises, or any part 
 thereof, during the said term. 
 
 AwD the said lessee further covenants, that he wiR not suffer any ashes to re- 
 main in the said building, after the same are taken from the hearth or stove, unless 
 in a safe deposit of brick or stone ; nw do any act or transact any business by 
 which the insurance of said building may be affected; 
 
 Amd that he, the said B. B., will not'carry on in the premises any offensive 
 trade or business, nor make, or suffer to bo made, any alterations therein, but 
 with the consent in writing of the lessor. 
 
 Landlord's Special Covenants. 
 
 And the said A. A., for himself, his representatives and assigns, does covenant 
 promise, and agree, that the said lands and premises are free and clear of and 
 from all former and other gifts, grants, bargains, sates, leases, judgments, execu* 
 tions, taxes, assessments, and incumbrances, wliatsoever. 
 
 And that tlie said A. A., his representatives and assigns, shall and will on or 
 before the expiration of this present lease, on the request and at the cost and 
 charges of the said B. B., his representatives or assigns, grant and execute to 
 him and them a new and fresh lease of the premises hereby demised, with their 
 appurtenances, for the further term of ten years, to commence from the expiration 
 of the term hereby granted ; the same to be at the same yearly rent, payable in 
 like manner, and under and subject to the like covenants, provisoes and agree- 
 ments as are contained in these presents ; such new lease, however, to be granted 
 and valid on condition that the said B. H., his representatives or assigns, do ex& 
 cute a counterpart thereof, and also pay the said A. A., his representatives, or 
 
 assigns, the sura of dollars, at the time of executing said lease, as and by 
 
 way of fine or premium for the renewal thereof. 
 
 _And the said lessor, his representatives or assigns, shall and will, at 
 his or their own proper costs and charges, cause to ue well and sufficiently 
 painted all the outside wood and iron work belonging to the said premises every 
 third year during the continuance o( the said term, and shall and will, also, at hia 
 and their like proper costs and charges, during the said term, keep in good, 
 sufficient and tenantable repair, as well all and singuhir, the glass and other 
 windows, rooms, floors, partitions, ceilings, walla, roof, gutters, fences, pave- 
 ments, grates, sinks, privies, drains, wells and water courses, as also all and 
 every other the parts and appurtenances of the said premises. 
 
 Provided however, that in case the premises, or any part thereof shall, during 
 Baid term, be destroyed or damaged by fire or other unavoidable casualty, so 
 that the same shall be thereby rendered unfit for use and habitation, then, and in 
 Buch case, the rent hereinbefore reserved, or a just and proportionate part thereof, 
 according to tho nature and extent of the injury sustained, shaH be suspended or 
 abated, until the premises shall have been put in proper condition for use an* 
 habitation, by the lessor, or those having an estate in the premises; unless tho 
 Baid lessee shall elect to terminate the lease which, in such case, he shall have the 
 right to do, and the estato of the- lessee, and thoso holdinff under him, herein ahalf 
 be thereby determined. 
 
LEASES. 123 
 
 And the said lessee ahttll be allowed to remove his fixtures before or within 
 a reasonable lime after the end of the term, or may leave them on the prem- 
 ises to be valued to an incoming tenant, or the landlord shall take them at an 
 appraisement to be made by two disinterested persons, one to be chosen by 
 the landlord and the other by the tenant. 
 
 And further, that the said lessee, shall be answerable to the city gov- 
 ernment for all nuisances made or suffered on the premises during said 
 term, and that he will pay all expenses connected with the use of the Co- 
 chituate water on the demised premises by any person or persons, and also 
 all damage which may be caused to the demised premises, or to any part of 
 said building or its contents, by theuse of said water on the demised prem- 
 ises, or by any carelessness or accident whatever connected with such use, 
 and at the expiration thereof, peaceably yield up unto the said lessor or those 
 having his estate therein, all and singular, the premises, and all future erec- 
 tions and additions to or upon the same, in good tenantable repair in all re- 
 spects, reasonable wearing and use thereof and damage by fire or other casu- 
 alties excepted j and further, to use and occupy the demised premises in no 
 manner that shall interfere with the comfort and convenience of the lessor in 
 his occupation of the lower part of said building, and upon no occasion to use 
 or suffer to be used the demised premises in the evening or night for public 
 lectures or any other public purpose whatever — and that no coals or other fuel 
 shall be deposited at or near said building, for the use of the lessee between 
 the hours of eight in the morning and two in the afternoon, without the spe- 
 cial permission in writing of the said lessor, or those having his estate in the 
 premises. 
 
 Provided^ that if either party shall wish to term'iiate said lease, and thereof 
 give notice in w^riting to the oUier, six months before the end of any year, then, 
 from the end of the same year this lease shall be void. 
 
 Lease for Years, of Lands, with Meservations, Exceptions, and 
 Special Covenants, 
 
 This Indenture, made, &<?., between A. B. of, &c., and C. D. of, &c, wit- 
 nesses. That in consideration of the covenants herein contained on the part 
 of (he said C- B., to be kept and performed, the said A. B. does hereby 
 lease and demise to said C. D., all the farm, house, bams and other buildings, 
 
 of the said A. B., now in possession of E. F., situated in , bounded and 
 
 described as follows, to wit : [describe the leased premises] with all the privi- 
 leges and appurtenances thereto belonging. 
 
 Exciting and always reserving out of this present lease, to the said A. B., 
 his heirs and assigns, all the timber and trees of every kind, and the growth 
 and use thereof, other than fruit-trees, on the demised premises, with free lib- 
 erty to the lessor and his representatives, during said term, to enter on the 
 premises, to prune, cultivate, take care of, and cut and carry away at his 
 pleasure the timber and trees hereby reserved to the lessor. 
 
 To have and to hold the above demised premises, with the exception afore- 
 said, to him the said C. D., for and during the full term of years from 
 
 the day of the date hereof: the said lessee yielding and paying therefor, year- 
 ly, and in each and every year during the said term, the rent of dollars, 
 
 payable in each and every of said years on the first day of 
 
 Conclude with the ttsttcd form^ or add such covenants as the case may re- 
 quire. 
 
 Surrender of a Lease to the Lessor, by Endorsement, 
 
 Know ALL men by these presents, That I, the within named C. D.. m 
 consideration of one dollar to me paid by A. B., do hereby grant and sur- 
 render to said A. B., the within written lease of the lands and premises there- 
 in mentioned, and all my estate, title, interest, and term of years yet to come 
 and unexpired ; w^hich lands and premises are free from all incumbrances of 
 what kind soever. To have and to hold the same unto the said A. B. and 
 his assigns forever. 
 
 Witness my hand and seal this day of 1856. 
 
 Executed in presence of C. D. [l. b ] 
 
124 NOTICES TO QUIT — ASSIGNMENTS. 
 
 Assignment of Lease by Endorsement. 
 
 I,A.B.,m consideration of dollars lo me paid by C. D., of , do 
 
 hereby grant and assign to the said C. D., the lease within written, and all 
 my estate and interest in and to the premises thereby demised. To have and 
 
 to hold the same unto the said C. D., from the day of next, for the 
 
 remainder, yet to come, of the term of years therein mentioned. 
 
 And I, the said C. D., agree with said A. B., that 1 will pay the rents, and 
 perform the covenants, conditions, and provisions in said lease. 
 
 If said C D. shall fail to pay the rents and perform any covenant in said 
 kase, then, at the option of the said A. B., this assignment shall be void. 
 
 Witness our hands and seals this day of 185—. A. B. [l. s.] 
 
 Inpresence of C D. [l. s.] 
 
 Assignment of a Lease by Deed. 
 
 Know^ all men by these presents, That I, A. B., of , in consider- 
 ation of dollars, lo me paid by C. D., of , do hereby p rant and assign 
 
 to the said C. D., a certain lease, dated the day of , ]8 — , made by E 
 
 F., of , to said A. B., of a certain dwelling house and lot, wiih the ap- 
 purtenances, situale'in , for the term of years, at the yearly rent of 
 
 dollars. To have and to hold the same unto ihe said C. D., from the — ^ 
 
 day of next, for the remamder, yet to come, of the term of years 
 
 therein mentioned. 
 
 And I, the said — (as above.) 
 
 If the said C. D., — (as above.) 
 
 Witness our hands and seals this day of , 185 — . 
 
 Inpresence of A. B. [l. i.] 
 
 C. B. [L. B.J 
 
 J^otice to Quit — by the Landlord. 
 
 Mr. B. B. Sir : You are hereby notified to surrender and deliver up to me 
 the possession of the house and lot, known as No. , in B Street, in the 
 city [or town] of B., and to remove therefrom on the day ol next, ac- 
 cording to law, it being my intention to determine the tenancy. Yours, &c. 
 
 B J Jan. 1, 18—. A. A. Landlord. - 
 
 JVoticeto Quit — by the Tenant, 
 
 Mr. A. A. — Sir : I hereby ^ive you notice that I shall, on the day of 
 
 next ensuing, quit possession, and remove from the premises I now oc- 
 cupy, known as No. , in B street, in the city [town] of B., according 
 to law, it being m> intention to- determine the tenancy. 
 
 B , Jan. 1, IS—. Yours, &c., B. B., Tenant. 
 
 JVoiiceto Quit by Landlord^ on JVon-payment of Rent. 
 
 Mr. B. B.— Sir: I hereby give you notice to surrender and deliver up to 
 me the possession of the house and lot known as No. , in B street, in 
 the city of , [or town of ,] the rent of which you have failed and neg- 
 lected to pay for the past * ; and to remove therefrom in days from 
 the date of this notice, according to law. 
 
 B , April 2, 18—. Yours, &c , A. A., Landlord, 
 
 JVotice to Quit the Premises, or pay Double ReniA 
 Mr. B. B.— Sir : You are hereby notified to surrender and yield up to me 
 on the day of next, possession of the premises in B street, in the 
 
 city of , [or town of ,] which yon now hold of me. In failure where- 
 of I shall require and insist upon double the value of the said premises, ac- 
 cording 10 the slatQie in such case made and provided. 
 New York, May 2, 18—. Yours, &c., A. A., Landlord. 
 
 • Week, Month, Quarter, &c. See Chap. Ill , and pages 25, 26, 29. 
 t In New York, when the tenant wilfully holds over afier the expiration of 
 the term, cind notice to quit, the landlord is entitled to double rent. 
 
MERCHANT'S ASSISTANT 
 
 COMMON CARRIER'S GUIDE. 
 
THE 
 
 MERCHANT'S ASSISTANT 
 
 AND 
 
 •COMMON CAMIER^S GUIDE: 
 
 CONTAINING THE LIABILITIES OF 
 
 SHIP-OWNERS, SHIPMASTERS, 
 
 RAILROAD COMPANIES. OWNERS OP STEAMBOATS, 
 
 Ferrymen, Canal-boatmen, Express-men, Stage-coachmen, 
 Hackmen, Cabmen, Truckmen, Carmen, Handcartmen; 
 
 AIO) THE LAWS REIATmG TO 
 
 MARINE & INLAND INSURANCE, 
 
 CONSIGNOR & CONSIGNEE, COLLISIONS, 
 
 CHARTER-PARTIES — FREIGHT — BILL OF LA WNG — BOTTOMRY 
 & RESPOiyDENTIA— DELIVERY OF GOODS— DEMURRAGE, &c. 
 
 ALSO, 
 
 Forms for Adjusting General Average, Surveys of Ship, 
 Furniture, Goods — Notice of Abandonment — Char- 
 ter-party, Protests of Ships, Steamboats, &o. Boat- 
 man's Wages Tables, &c. 
 
 By I. R. BUTTS, 
 
 Author of the " Business Man's Assistant": " Business Man's Law Library"; 
 " Merchants and Mechanic's Assistant"; &c. 
 
 BOSTON: 
 PUBLISHED BY I. R. BUTTS, 
 
 COKWEB OF SCHOOL & 'WASHIH'GTOM' STBEET, 
 Over Ticknor & Fields' Bookstore. 
 
ADDENDA: 
 
 Sale of Goods by Carrier for Freight 
 
 By a decision of the United States Court, (2 Story's Rep. 81,) the Car- 
 rier has no right to sell the Goods for the Freight, except in certain cases. 
 This decision is in some States overruled by Statute, which regulates the 
 time and manner of Sale. 
 
 " In one case, where the master was, by his agreement with the siiip- 
 pers, to deliver the cargo at a place designated, but upon his arriving there 
 the consignee refused to receive it, it was held, that, as the cargo was not 
 of a perisTiable nature, the master was bound to land it at the place de- 
 signated, and store it for the benefit of the shippers, and could not carrj^ it 
 to another port^ nor sell it, although it could not be sold at the port desig- 
 nated." 
 
 " In this case, the cargo could have been landed at Velasco, which was 
 the port of destination. There was no necessity of any sale as the cargo 
 was not perishable, and therefore the sale would be unjustifiable on the 
 part of the master 5 since it would not have been a sale of necessity. The 
 cargo might have been landed and stored^ and kept until the charterers in 
 New York could have received information, and given orders as to what 
 should be done with it. Assuming that a lien existed, still it is perf'-ctly 
 clear, by the language of the charter party, that the freight was payable 
 ' on delivery of the cargo at Velasco/ So that until a nght dehvery on 
 shore, no freight could accrue due. But no right could exist, on the part of 
 the master to sell the , cargo, unless it was perishable, and might other- 
 wise have been lost or perished," 
 
 If the consignee cannot be found, or when found refuses to accept the 
 goods, or if he accepts but refuses, or is unable to pay the freight — the 
 master still has his remedy over against the shipper. 
 
 So, if the Statute, or the necessity of the case, gives the master the 
 right lo sell, and the goods do not bring as much as tlie freight, the master 
 has his remedy over against the shipper for the balance. 
 
 When the regulations of the revenue require the goods to be deposited 
 in the public warehouse, the master may enter them m his own name, and 
 thus preserve his lien. 
 
 Freight, or Passage Money, -paid in Advancti 
 " When freight, or passage money, is paid in advance, and neither vessel 
 or goods reach the place of destination, it shall be repaid, unless there be 
 a special agreement to the contrary." 3 Pick. 20. 
 
 Parker, C J., in delivering the opinion of the Court, said, "It is suffi- 
 cient then to say, that by reference to the opinion of Chief Justice Kent, 
 (3 Johns R. 335) and the note of Mr. Justice Story, (Story's Abbot,) it 
 will be found to be the established law of maritime countries on the con-' 
 tinent of Europe, that ^freight is the compejisation for the carriage oj 
 goods, and if it be paid in advance, and the goods be not carried mf 
 reason of any event not imputable to the shipper, it is to be repaid, unless 
 there be a special reason to the contrary.' " Ibid. 
 
 For further on the Liabilities of Carriers by Sea, see paffes 37 to 44 and 
 92 to 100. 
 
 Entered according to Act uf Congress, in the year 1850, 
 
 BY r. R. BUTTS, 
 
 in the Clerk's Office of the District Court of the District of Massachusetts, 
 
CONTENTS. 
 
 iBfTRoDucTioN, — Responsibilities of Masters and Owners.. ,...p. TiK 
 
 LIABILITIES OF COMMON CARRIERS. 
 
 CHAPTER I. 
 
 GEWERAL liAW IN RELATION TO CARRIERS. 
 
 • Page 
 
 Who are Common Carriers. , , . . . 5 
 
 Common Carriers by Land 5 
 
 Mere Passenger Carriers. ....... 5 
 
 Common Carriers by Water 6 
 
 Duty of Common Carriers to re- 
 ceive goo'ls 6 
 
 Kxient of the. Duty and Liability 
 
 of Common Camera 7 
 
 Wot Liable for Loss or Injury oc- 
 casioned by the "Act of God," 7 
 Not Liable for Loss or Injury oc- 
 casioned by the Public F^nemy, 8 
 Not Liable for Logs <>r Injury oc- 
 casioned by the Fraud, Misre- 
 presentation, or Concealment of 
 
 •the Owner , . 8 
 
 Effect of Noiices that ''All Bag- 
 gage will be at the Risk of the 
 Owners," &c., and to what ex- 
 tent Carriers may Limit their 
 
 Liabilities 9 
 
 De ivery lo the Carrier and Cora- 
 meiicement of his Liability. ... 10 
 
 Page 
 
 A Common Carrier may at the 
 sahleiime.be a warehouse-man Iff 
 
 Carriage of Goods 11 
 
 Duty of the Carrier to Deliver, and 
 Termination of his Risk 11 
 
 Termiiiaiion of Liabiliiy, where 
 Goods are to be carried beyond 
 the Carrier's Line 13 
 
 Liability of Common Carriers for 
 the acts of their Ageiils or Ser- 
 vants 13 
 
 Liability of Carriers as Partners 
 and Joint Proprietors 14 
 
 Eights and Duties of the Passen- 
 ger Carrier. — His Duty to re- 
 ceive all Persons Applying.... 15 
 
 Duty to provide for the Safely and 
 Convenience of Passengers. .. . 15 
 
 Rights of Passenger Carriers. ... 17 
 
 Liability of Passenger Carriprs for 
 the Baggage' of their Passengers 17 
 
 Carrier's Lien upon the Goods for 
 his Fare or Frelghi 19 
 
 Common Carrier's Charges 19 
 
 CHAPTER II. 
 
 LIABILITIES OF FERRYMEN, CANAL BOATMEN, STAGE- 
 COACHMEN, WAGONERS, CARMEN, &C. 
 
 Ferrymen, 20 i 
 
 Canal- boatmen, 20 | 
 
 Stage-coachmen, Wagoners, Car- 
 men, Handcartmen, Truckmen, SI 
 
 CHAPTER III. 
 
 LIABILITIES OF RAILROAD COMPANIES. 
 
 Obligation to take Freight, and 
 extent of Liability in relation 
 thereto, 21 
 
 Dnty and Liability as Passenger 
 Carriers 23 
 
 Duly to receive Passengers,- 33 
 
 Liability for Baggage of Passen- 
 gers, 25 
 
 Passengers thust demand their 
 baggage in a reasonable time, 25 
 
 Duty to Provide Faithful and 
 Competent Servants, 2fi 
 
 Liability for the acts of their Ser- 
 vants, 27 
 
 Liability for negligence, in seve- 
 ral Slates 37 
 
IV 
 
 CONTENTS. 
 
 CHAPTER IV. 
 
 LIABILITIES OF EXPRESS-MErT. 
 Rights, Duties and Liabilities of Express- men, 
 
 CHAPTER V. 
 
 32 
 
 LIABILITIES OF OWPfERS OF STEAMBOATS, 
 
 Liability of ihe Owners of Steam- 
 boats carrying Freight, 31 
 
 Liability of Sieamboai Owners 
 for the Acis and Misconduct of 
 their Servants, 32 
 
 Liability for the Baggage of Pas- 
 Bengers, 33 
 
 Liability of the Ow^ners of Steam- 
 boais as Passenger Carriers,. . . 33 
 
 Acts of Congress for the Safety of 
 Passengers on Board of Pteain- 
 boais, A 34 
 
 Penalty for negligence of Captain, 3G 
 
 Collision, 38 
 
 CHAPTER VI. 
 
 LIABILITIES OF SHIPOWNERS AND SHIPMASTERS. 
 
 Carriers by Sea, 37 
 
 Liability of Carriers by Sea 37 
 
 Collisions, when the Uarrieris or 
 is not Liable for Losses occa- 
 sioned thereby 39 
 
 Jeliison and General Avi-rjige. ... 39 
 Commencement of the Liabiliiy 
 of the Carrier by Sea, and his 
 
 subsequent Duties, 39 
 
 Seaworthiness at ihe Commence- 
 ment and During ihe Voyage.. . 40 
 Duly of CHtnersto Sail on Ap- 
 pointed Day, 40 
 
 Commencement and Course of 
 the Voyage, 41 
 
 Carrier's Duty where the Ship is 
 Stranded, or so Disabled ihat 
 she cannot proceed 42 
 
 Re-shipment, how ihe Liability of 
 ihe Carrier is affected by, 
 
 Delivery of the Goods by the Car- 
 rier and Termination of his 
 
 Risk 
 
 Bv Vessels in Foreign Trade, 
 By Vessels in Coasiiiig Trade, 
 
 42 
 
 43 
 
 43 
 43 
 
 Passenger Carriers by Sea, 44 
 
 CHAPTER VII. 
 
 LIABILITIES OF BAILEE. 
 
 Bailment or Bailemeni, 45 
 
 Deposit, Mandate, Lending for 
 
 use, Pledging, Letting lo hire, 46 
 Ordinary Negleci, Gross Neglect, 
 
 Slight Neiilect, 46 
 
 Exceptions to Rule, 47 
 
 Responsibility of Innkeepers,..., 47 
 Liability of Warehouse-nien,. . .. 48 
 Liabiliiy of Wharfingers and For- 
 warding Merchants, 48 
 
 CHAPTER VIII. 
 
 LIABILITIES OF CONSIGNOR AKTD CONSIGNEE. 
 
 Liability of Consignor, 49 
 
 Liability of Consignee, 49 
 
 Whether the Consignor or Con- 
 signee may sue itie Carrier in 
 
 Case of a Loss, 50 
 
 When boih Consignee and Con- 
 signor can bring an action, 50 
 
 Extent to which the BillofLading 
 is binding upon the Ship-owner 
 and Master, 51 
 
 Goods at the risk of the Purchaser 
 while in the hands of the Car- 
 rier, 52 
 
 Stoppage in Transitu, 53 
 
CONTENTS 
 
 MARINE AND INLAND INSURANCE. 
 
 CHAPTER I. 
 
 WHAT CAN AND CANNOT BE INSURED, PROPERTY USUALLY 
 INSURED, WHEN CONSIGNEE IS BOUND TO INSURE, &C. 
 
 What camiot be Insured, 54 
 
 Waaes of Seamen cannot be In 
 
 sured, 54 
 
 Property usually Insured, 54 
 
 A Person cannot insure unless he 
 ha.s an interest in the Property 
 
 Insured, 54 
 
 Insurance on Freight, 55 
 
 Otherlnsurable Interests, 56 
 
 When Consignee, or Factor, is 
 
 bound ID Insure, 56 
 
 Of Re insurance, 57 
 
 Of Double Insurance, 57 
 
 Open and Valued Policies, 58 
 
 AValued Policy, 58 
 
 Goods fraudulently overvalued,.. 53 
 
 CHAPTER II. 
 
 OF REPRESENTATION AND CONCEALMENT, WARRANTIES, 
 TERMINATION OF THE RISK, DEVIATION, &C. 
 
 Of Representation, 
 
 Effect of Misrepresentation,. 
 
 Of Cuncealmeni, 
 
 What will be deemed a Material 
 
 Concealment, 
 
 Necessity of disclosing: Facts,. . . . 
 What things need not be disclosed 
 
 Of Warrant ies 
 
 Warrjiniy of the Ship's Safeiy,.. . 
 Warrnnlyihat the Ship shall sail 
 
 on a given Day, 
 
 Seaworthiness of the Vessel, 
 
 Commencement and Termination 
 
 of the Risk.— Upon the Ship,... 68 
 
 Upon Goods, 69 
 
 Deviation from the Voyage, 70 
 
 Inienlion to Deviale, ; 71 
 
 What will .justify a Deviation 
 
 from the Voyage, 72 
 
 Stress of Weather,. 72 
 
 Want of necessary Repairs,.. . . 72 
 
 Succoring Ships in Distress,... 72 
 
 Sickness.of , Captain or Crew,. . T^ 
 
 Barratry,.. 73 
 
 CHAPTER III. 
 
 OF GENERAL AVERAGE, CONTRIBUTION, ABANDONMENT, &C. 
 
 General Average 
 
 What consiiiuies a claim to Gen- 
 
 &ral Average, 
 
 Contribution in Cases vv'here the 
 
 same Person owns the Ship, 
 
 Cargo, and Freight, 
 
 Who must ebiim the Contribution 
 Contributory Value: — 
 
 Of the Ship, 
 
 Of the Cargo, 
 
 Of Freight. 
 
 Place of Adjustment 
 
 Total Losses and Abandonment, 
 
 When an Abandonment is allow- 
 ed :— Of Ship , 80 
 
 Of Goods, EG 
 
 Of Freight, 84 
 
 Within what time Abandonment 
 
 must be made, 86 
 
 Mode of Abandonmeni, S6 
 
 Notice of Aiiandonment, 86 
 
 Of Partial Losses and Adjust- 
 ment.— Of Ship 87 
 
 Of Goods, 87 
 
 or Freight, 87 
 
 Return of Premium, 88 
 
 CHAPTER IV. 
 
 INLAND INSURANCE AND COLLISIONS. 
 
 Inland Insurance, 89 | Collisions of Ships 
 
CONTENTS. 
 
 C H AFTER V. 
 
 LIABILITIES OF MERCHANT SHIPPERS, 
 
 Charter Party, 92 
 
 The usual Siipulalions, 92 
 
 When ii takes Effect and Opera- 
 tion, 93 
 
 By whom it may be Executed,. . 93 
 
 Jts Construction, -93 
 
 B'dlof Ladiiig^ 94 
 
 Freight, 95 
 
 The Compulation of Freight, 95 
 
 When the whole Freight is Dae, 97 
 When only part of the Freight is 
 
 Due 98 
 
 When the Freighter may abandon 98 
 
 The Lien for Freight ■ 98 
 
 By whom Freight is Payable 99 
 
 To whom Freiifht is Payable, — 99 
 
 Bottomry and Respondentia, 99 
 
 Demurrage, 100 
 
 Notice of Abandonment, 103 
 
 Assignment of Insurance, lOd 
 
 Assignment of Sailor's Wages,.... 102 
 Survey of Ship and Furniture,.... 103 
 
 Survey of Goods, 103 
 
 Valuaiion of a Ship by two Ship- 
 wrights, 103 
 
 Receipt for Seamen's Wages, 103 
 
 Letter of Attorney from a Sailor 
 
 to his Wife to receive his wages 103 
 Adjiistm nt of General Average .. . 104 
 
 Amount of Losses, 104 
 
 Value of Articles to Contribute,.. 104 
 
 FORMS OF PROTESTS OF BILLS OF EXCHANGE, PROMISSORJT NOTES, 
 SHIPS, AND STEAMBOATS, ETC. 
 
 Chakter-party, Form of— In- 
 wards, 105 
 
 Ship's Photest, what it should 
 
 contain, 106 
 
 " how and when should be 
 
 noted, 106 
 
 " when extended, 106 
 
 " how should be written 
 
 and signed, 107 
 
 " " how , certified, 107 
 
 Kntry of a Protest of ship, 107 
 
 Ship Protest in consequence _ of 
 , loss, or damage, by storms, jet- 
 tison, &c., 107 
 
 Ship Protest in consequence of 
 
 Collision, 108 
 
 Copy of Notarial Ceriificateof Pro- 
 test, 109 
 
 Protest by Shippers of Goods a- 
 gainsi the master and own- 
 ers of avessel, inconsequence 
 of the Mfisier's refusal to sign 
 a bill of lading in the custom- 
 ary furm^ 109 
 
 Copy of nonce to masler, 110 
 
 Protest by Shipper, against the 
 Master and Owners, in conse- 
 quence of the master not pro- 
 
 ceeding to sea after signing 
 
 bills of Lading, HI 
 
 Protest by the masier of a vessel 
 agam5itheci)nsigneesofgood8 
 for not discharging and taking 
 them (rom the vessel in a rea- 
 sonable time, HI 
 
 Formsot Bills of Lading for LakCi 
 River, and Railroad. How 
 should be written, when there 
 is the least reason to su:^pect 
 the quantity is not right, or 
 that there is any damage in 
 
 the goods, &c., 112 
 
 Boatmen's and Seamen's Wages 
 
 Table 113 
 
 Warehouse Bond Il5 
 
 Custom House Power of Attomey,U5 
 
 Bottomry Bond— usual form, 116 
 
 Respondentia Bond, 117 
 
 Agreement of Charter Party, out- 
 wards, US 
 
 Agreement of Steamboat Charter 
 
 Party, 119 
 
 Bill of Sale of Registered Ship or 
 
 Vessel, 119 
 
 Bill of Sale of an Enrolled Vessel, 120 
 Registry Bund,. 129 
 
INTRODUCTION. 
 
 SESFONSIBIIIIIES 07 HASTEBS AST) OWIfEBS. 
 
 The Master is the person put in charge and command of a ship 
 •during her voyage. The master is an agent with ample powers to 
 represent the owners in the management of the concerns committed 
 to liira. They are liable for such engagements as he may enter in- 
 to for the necessary and usual employment of the ship, and for such 
 acts as he may do in his character of master within 'his limit. If 
 the owners themselves appear, and make a special contract regard- 
 ing the service ot the ship, the master cannot substitute another on 
 his own authority. Where the authority of the master is question- 
 ed, the law on the subject will generally be, influenced by the 
 custom of merchants. Charter-parties ' [see page 92] are gene- 
 rally the sole acts ofthe owners themselves; but the master maybe 
 empowered to enter on a charter-party, and to bind the owners; 
 and when he is abroad, this right is inherent in his office. In the 
 case of a general ship, the owners rarfily interfere to regulate the 
 engagements with the particular merchants who furnish the cargo, 
 and they are undoubtedly hound by every engagement made by, 
 the master relative to the usual employment of such a vessel. 
 When the master binds the owners to repay money borrowed to 
 accomplish repairs, or the price of repairs, stores, and provisions, 
 he becomes, in the first place, himself personally bound, unless he, 
 in express terms, confine the obligation lo the owners. " But such 
 a contract made by the owners themselves, or under circumstances 
 which show that credit was given to them alone, gives the creditor 
 no right of action against the master." (Mbbot.) To render the 
 owners liable, — when supplies are furnished, they must be reason- 
 ably proper for the occasion ; and when repairs are undertaken, 
 they must be necessary. The general rule on which the master 
 should act is, to restrict himself to those obligations which a prudent 
 owner would himself incur in the circumstances. " The creditor is 
 required to prove the actual existence of the necessity of those 
 things which give rise to his demand. The authority ofthe master 
 IS to provide necessaries ; if, therefore, a person trust him for a 
 thing not necessary, he trusts him for that which it is not within 
 the scope of his authority to provide." (Aibot.) If the master ex- 
 pend money of his own for such purposes, he is en'itled to demand 
 repayment. In a home port the authority of the master to incur 
 such obligations may be superseded by that of the ownere or aships- 
 husband ; but the master's presumed power warrants individuals in 
 contracting with him, unless they are aware of his being so super- 
 seded. The master may 'hypothecate the ship, or give the creditor 
 a right to a security over it, for the expense of repairs in a foreign 
 but not in a home port. It is the duty of the master, like every 
 other agent, to use his own endeavors for furthering the interest 
 of his constituents in the matter committed to his charge ; and 
 the greater importance of the trust calls on him for a correspond- 
 ing exercise of vigilance and skill as an agent He is responsible 
 ioT losses occasioned by his misconduct or blunder. 
 
VIU RESPONSIBILITIES OF MASTERS AND OWNERS. 
 
 The Owners should have their vessel, both in hull and rigging, 
 suited for tlie voyage, and for the safe keeping of the species ot car- 
 go contracted for or received oh board. There must be a compe- 
 tent master and a sufficient crew of able seamen. The ship must 
 have on board whatever papers are necessary for her protection and 
 that of her cargo, whether required by the laws of the country she 
 belongs to. or by those of the port of destination, or dictated by in- 
 ternational law. There must be no false or fraudulent papers, which 
 may subject the ship to capture or detention. The mercantile cus- 
 toms of the port must be adhered to in regard to the employment of 
 wharfingers, lightermen, &.c. in lading. The owners are responsi- 
 ble for theft, or robbery by the crew or any other person. The 
 master previous to saihng must make the necessary clearances at 
 the Custom-house, and pay all the usual charges. When the pre- 
 liminaries are completed, the master must sail without delay when 
 he weather is favorable, but not till then. A pilot must be em- 
 ployed in those roads, rivers, and narrow seas where such a pre- 
 caution is enjoined, either by special law or usage. The master 
 must proceed to the place of destination without delay, and without 
 stopping at any intermediate port, or deviating from the straight 
 and shortest course, unless such stoppage is justified by necessity 
 or usage. [See Deviation page 72.] If the ship be captured or 
 lost in consequence of deviation, the freighter may recover the 
 prime cost of his goods and the shipping charges. In cases of diffi- 
 culty and of danger, the master has to keep in view that it is his pri- 
 mary duty to convey the cargo to its place of destination, and that it 
 is only in an extreme case, and when there is scarcely a possibility 
 of accomplishing this object, that he is entitled to act as agent for 
 the freighter, and adopt the course that seems to involve the least 
 sacrifice to his property. [See Freight, page 95.] On arrival at 
 the port of destination, the ship must be securely moored oi- anchor- 
 ed, and all papers delivered, and other requisites performed, in ac- 
 cordance with the customs regulations and the laws of the place. 
 
 Act of Congress — 1851. — " Owners are not liable for any loss or damage 
 to goods, by reason of any lire happening on board the vessel, unless such 
 fire IS caused by the design or neglect of such owners, except-ihe panies so 
 contract. Owners are not liHbre tor loss or damage to any eold, gold-dust 
 silver or other precious metals, jewelry, bills of any bank, diamonds, or other 
 precious stones, without, at the time of lading, their nature and quality be 
 declared in writing, and the same be entered on the hill of lading therefor. 
 Nor, if so notified and entered, shall the owners be liable beyond the value 
 and chariicter of the goods so notified and entered. 
 
 " The liubilily of owners for any embezzlement, loss or destruction, by pias- 
 ters, officers, miinners, &c., of any property or g:oods, or for any loss by collis- 
 ion, or any other loss accruing without the privity of the owner, shall in do 
 case exceed the value of the ship and her freights then pending. 
 
 " The charterer of any vessel, m case he shall man, victual, and navigate her 
 athis expense, or procurement, shall lie deemed the owner within the mean- 
 ing of the act. Nothing in the pre<*ding sections shall take away the reme- 
 dy to which any party may be entitled, against the master, ofiRcers or mari- 
 ners, on account of any emhezzlement or loss, &c ; or on account of anv neg- 
 ligence or fraud of such master, officers or mariners. 
 
 " Persons sliippingoil of vitriol, unslaked lime, inflammable matchesor gun- 
 powder, wilhout delivering a note in wriiing to the master or male, declaring 
 the nature and character of such merchandize, shall forfeit to the U. SI $1000 
 
 This act does not apply to any vessel used in inland navigation.. 
 
COMMON CARRIERS. 
 
 CHAPTER I. 
 
 GENERAL LAW IN RELATION TO CARRIERS, 
 
 Who are Common Carriers? Every person undertak- 
 ing to carry goods by Jand or water, for hire, as a busi- 
 ness, and not as a casual employment, is a Common Carrier. 
 
 A person who should carry goods occasionally, not as 
 a business, but as a casual employment, or who should 
 perform the carriage without recompense, would not be 
 liable as a Common Carrier, for the safety of the goods , 
 but he would be deemed a bailee, being responsible only 
 for ordinary care and diligence. (See Bailee, p. 45.) 
 
 It is not necessary, however, to render a person liable 
 as a Carrier, that a specific sum should be agreed upon 
 for carriage ; if he is in the habit of carrying goods for 
 hire, an agreement to pay a reasonable compensation for 
 the transportation will be presumed from the delivery of 
 the goods to him. 
 
 Common Carriers by Land are the owners of railroads, 
 stage-coaches, stage-wagons, omnibuses, expresg-wagons, 
 &c. ; also, wagoners, teamsters, carmen, hand-cartmen, 
 truckmen, porters, and all others engaged in the trans- 
 portation of goods for hire. • 
 
 Mere Passenger Carriers, who do not pretend to carry 
 baggage, are not liable as Common Carriers. Thus, 
 the proprietors of omnibuses, running between different 
 sections of our large cities, and who hold themselves out 
 to the public solely as carriers of passengers, would not 
 be liable as Common Carriers, though they might occa- 
 sionally carry parcels, as a matter of favor for their cus- 
 tomers. So hackney-coachmen are not regarded as Com- 
 c. c. I 
 
6 DUTIES OP CARRIERS TO RECEIVE GOODS. 
 
 mon Carriers ; but cab-drivers and owners of coaches, 
 whose business consists in carrying passengers and their 
 baggage, from the different steamboat landings and rail- 
 road depots, to various parts of the city, would probably 
 be answerable as Common Carriers for the safety of such 
 baggage ; indeed, it would be strange were it not so, as, 
 oftentimes, the sole inducement for a man to ride with 
 them is to get his baggage carried. The liability of pas- 
 senger carriers will be considered hereafter. (See p. 17.) 
 
 Common Carriers by Water are the owners and masters 
 of ships, steamboats, ferry-boats, canal-boats, and all 
 ki*nds of vessels belonging to foreign, coasting, or inland 
 navigation, engaged in carrying goods for hire; this in- 
 cludes canal-boatmen, ferry-men, lighter-men, hoymen, 
 bargemen, &c. 
 
 We shall speak of the Rights and Duties of inlana 
 carriers, which class consists of carriers by land, and also 
 the owners of steamboats, ferries and canals, and then of 
 the rights and duties of carriers by sea. 
 
 Duty of Common Carriers to receive Goods. — A 
 Common Carrier is bound to receive all goods which are 
 offered for the port of his destination, from any person 
 who tenders him the regular or a reasonable compen" 
 sation for their carriage. He can only refuse where his 
 vehicle is full ; or where he has not the proper conve- 
 niences for their carriage; or where the goods offered are 
 not such as he is accustomed to take ; or where they 
 are of such a nature that their transportation will expose 
 him to a real danger or violence. 
 
 He may regulate the place where, the time when, and 
 the manner in which, he will receive goods for transport- 
 ation ; and he is not bound to receive goods until he is 
 ready to carry them. But- if he accepts goods for car- 
 riage, his liability will not be varied, from the fact that 
 they were received at a different time or place from that 
 established by him for the reception of goods. He may 
 demand his freight at the time the goods are offered, and 
 he has a right to demand a price for carriage propor- 
 tioned to the risk run. He cannot, however, demand 
 more than a reasonable compensation, and if he has es- 
 tablished a regular price, the tender of that to him will 
 be sufficient. 
 
EXTENT OF LIABILITY OF CARRIERS. 7 
 
 If he refuse to receive goods offered for carriage, un- 
 less for some one of the reasons mentioned above, he 
 will be liable to an action for the damage occasioned 
 thereby ; and it will be sufficient for the person offering 
 the goods, to maintain his action, to aver and prove that 
 he was ready and willing to pay the regular or reason- 
 able compensation for their carriage. 
 
 In regard to the baggage of a passenger, the price 
 paid by him for his fare is deemed to include a compen- 
 sation for the carriage of his baggage. 
 
 Extent of the Duty and Liability of Common Carriers. 
 — A Common Carrier is bound to carry the goods safe- 
 ly, and deliver them to the proper person, without any 
 loss or injury, except such as may be occasioned by the 
 act of God, the public enemy, or the fault or fraud of 
 the owner. He is regarded as an insurer of the proper- 
 ty committed to his care, and if it is lost, stolen, or in- 
 jured in any way, except as above, he is liable. 
 
 This law, making a Common Carrier an insurer, is 
 enforced on principles of public policy, to prevent fraud 
 and collusion with thieves and robbers; the owner of 
 the goods, not being generally in a situation to oversee 
 and protect his property, having placed it in the possession 
 and under the protection of the Carrier. 
 
 He is not Liable for a Loss or Injury occasioned by the 
 "Act of God," and by the "Act of God," is meant some- 
 thing in opposition to the act of man, such as storms, 
 lightning, tempests, and inevitable accidents, not result- 
 ing from human agency. If the loss or injury has been 
 caused by the act of man, although it was inevitable, the 
 carrier is liable. 
 
 If the goods have beep destroyed or swept away by 
 rain and floods, the circumstances attendant upon the 
 loss must be regarded in order to determine whether it 
 has been occasioned by the act of God or the act of man. 
 If the carrier has neglected to provide cart-clothes and 
 proper coverings for the goods; if he has gone out of his 
 way to meet the danger ; if he has travelled by unusual 
 roads, or crossed a plain, subject to inundations, when he 
 might have kept the high grounds and been pafe, the 
 loss thus occasioned by the rains and floods is a loss from 
 the act or negligence of man, and the carrier is conse- 
 
8 CASES WHERE CARRIER IS NOT LIABLE. 
 
 quently responsible. In short, if the loss or injury be 
 occasioned by an act, which may properly be called an 
 act of God, yet if, by the exercise of reasonable prudence 
 and foresight on the part of the carrier it might have 
 been avoided, he will be liable. 
 
 He is not Liable for Loss or Injury occasioned hy the 
 'Public Enemy, and by the public enemy is to be under- 
 stood enemies at open war, and not merely robbers, 
 thieves, or other private depredators. Losses occasioned 
 by robbery on the highway, or by the depredations and 
 Tiolence of mobs, rioters, insurgents, and other felons, 
 are not deemed losses by enemies ; but losses by pirates 
 on the high seas are so deemed, for pirates are the com- 
 mon enemies of mankind. 
 
 Ife is not Liable for a Loss or Injury occasioned by the 
 Fraud, Misrepresentation, or Concealment of the Owner. 
 — If the owner is guilty of any fraud or imposition in re- 
 spect to the carrier, by treating the goods as of little 
 value, or by packing and sending them so carelessly and in 
 such manner as to induce the carrier to take less care 
 of them than he otherwise would, and they are thereby 
 lost, he will not be liable, especially if this concealment 
 of their true value was practised for the purpose of get- 
 ting them carried at a less rate. 
 
 Where the owner represents to the carrier that the 
 package is of a particular value, he cannot recover from 
 him in case of a loss, at the most, any amount beyond 
 that value; and in the case of a gross misrepresentation 
 probably the carrier would not be liable to any extent. 
 
 Where, however, anything is delivered to a carrier for 
 conveyance, it is the duty of the carrier to ask such 
 questions about it as may b^ necessary; if he ask no 
 questions, and there be no fraud or concealment prac- 
 tised for the purpose of deceiving the carrier, he will be 
 liable for its safe carriage and delivery. The person de- 
 livering the goods is not bound to disclose what they are 
 unless asked by the carrier. The carrier may ask ques- 
 tions, and if they are answered improperly, so as to de- 
 ceive him, then he will not be liable. 
 
 Effect of Notices that "All Baggage mil be at the 
 Risk of the Owners," Sfc, and to what Extent Carriers 
 may Limit their Liabilities. — The liability of the car- 
 
HOW CARRIERS MAY LIMIT THEIR LIABILITIES. 9 
 
 riers cannot be changed or varied by them by means of 
 any express or implied contract with the owners. They 
 will be responsible for ail losses not occasioned by the 
 act of God, the public enemy, or the fault of the owner, 
 notwithstanding they have given the owner notice that 
 they will not be responsible. Notices that "All baggage 
 is at the risit of the owner," or that " The proprietors of 
 the railroad, (or other conveyance,) are not responsible 
 for goods left with them for transportation," or any ex- 
 ceptions, as " danger of fire, Sfc., excepted," are of no 
 effect, the carrier's liability remaining unchanged. 
 
 They may, however, make all reasonable rules and 
 regulations for their safety and protection. They may 
 prescribe the manner, place, and time of receiving goods; 
 may regulate the mode of entering them, and the mi- 
 nuteness of the description to be given; and they may 
 charge a rate of carriage proportioned to the value of the 
 article tendered to them for conveyance. 
 
 They may, therefore, inquire the value of any parcel 
 left with them for conveyance, and charge accordingly, 
 and the owner will be bound by his representation of 
 value. And the carrier may so far limit his liability as 
 to refuse to be responsible for any loss, unless t]}e value 
 of the goods is made known at the time they are en- 
 tered, and a corresponding price is paid for their carriage. 
 
 To obviate the inconvenience of asking questions in 
 each case, and the difficulty of proving the statements 
 made on such occasions, it is usual for carriers to resort 
 to the expedient of advertising in newspapers, and post- 
 ing on the walls of their offices and depots, public notices 
 to th'e effect. That they will not be liable for the loss of 
 money and valuables unless they receive notice of their ex- 
 istence, nor for the loss of ordinary goods and chattels 
 beyond a certain amount, unless the valiie of such goods is 
 declared and entered at the office, and an increased rate of 
 remuneration paid for their conveyance. And it is now 
 well settled that a carrier may, by these notices, release 
 himself from his responsibility as an insurer, unless he is 
 paid an increased remuneration to cover the risk. 
 
 In order that a carrier may avail himself of such a no- 
 tice, he must be able to prove that the person hiring him 
 c. c. 1* 
 
10 DELIVERY TO THE CARRIER. 
 
 had knowledge of it. The only safe course for the car- 
 rier is to announce his terms to every individual who of- 
 fers goods, and at the same time place in his hands a 
 printed notice thereof. It is usual for some passenger 
 carriers to have printed on their checks their regulations 
 in regard to baggage. 
 
 The effect of such notices, in case a person having 
 knowledge of them fails to comply with their terms, is to 
 exonerate the carrier from any loss, where neither he nor 
 his servants have been guilty of negligence. If the 
 goods are lost through their negligence, he is still liable. 
 
 Delivery to the Carrier and the Commencement of his 
 Liability. — The liability of the Common Carrier com- 
 mences as soon as the goods are delivered to him or his 
 agent; and in order to charge him with them, it is geii- 
 erally necessary to prove an actual delivery to him, or to 
 some person acting for him. 
 
 A Common Carrier may, at the same time, he a ware- 
 houseman, and if he receives goods to be forwarded, but 
 not until he receives further instructions, and the goods 
 are stored in his warehouse, and are there destroyed, his 
 liability for them will be that of a warehouseman, and 
 not of & carrier. If, however, he places them in the 
 warehouse, not to await further instruction from the 
 owner, but simply to facilitate his business, his liability 
 as a carrier commences with the delivery of the goods 
 to him. (See page 48.) 
 
 It is not necessary to a delivery that the goods should 
 be entered upon the freight list. Neither is it material that 
 the goods have not been delivered at the usual time or 
 place, established by the carrier for the reception of 
 goods, if the carrier has accepted them; for his liability 
 is fixed by an actual acceptance of the goods. 
 
 This necessity of proving a personal delivery of the 
 goods to the carrier, or his servants, in order to charge 
 him with a loss, may be controlled and varied by his 
 usage and custom in this particular. It is sufficient to 
 prove that they have been delivered in the usual and 
 customary manner. If the carrier, upon the goods be- 
 ing ten^dered him, directs the person to deposit them in 
 a particular place, and he does so, that is a delivery. So 
 
DUTY OP CARRIER TO DELIVER GOODS. II 
 
 if the goods are delivered at a particular place, accord- 
 ing to the usage of business, and notice of the delivery 
 is given to the carrier, and he does not object, that is a 
 delivery. The carrier may also give notice where he 
 will receive goods, or at what place they may be depos- 
 ited, and he will be liable for the lo^s of any goods de- 
 livered or deposited in conformity with such notice. 
 But leaving goods in the yard of an inn, where the car- 
 rier puts up, or on the wharf, where the vessel lies, with- 
 out giving the carrier or the master any notice that the 
 goods have been so left for carriage, will not amount to 
 a delivery. 
 
 A delivery to a servant of the carrier, who is in the 
 habit of receiving packages, is a good delivery. The 
 liability of carriers for the acts of their servants will be 
 considered hereafter. (See page 14.) 
 
 The Carriage of the Goods. — The carrier is bound to 
 use reasonable diligence and despatch in the transporta- 
 tion of the goods; and he must proceed without deviation 
 from the usual and ordinary course to the place of desti- 
 nation. He will not be answerable, however, for a delay 
 in the transportation of the goods occasioned by any ac- 
 cident or misfortune, even if it does not amount to an 
 act of God, or of the public enemy, provided he has ex- 
 ercised reasonable diligence and foresight to avoid it. 
 
 Duty of the Carrier to Deliver, and Termination of 
 his Risk. — The Common Carrier is bound not only to 
 carry the goods safely, but also to deliver them safely to 
 the person entitled to receive them- The delivery of the 
 goods is as much a part of his duty as the carriage ; and 
 nothing will excuse him but the act of God, the public 
 enemy, or the fault of the owner. 
 
 The delivery must be made within a reasonable time. 
 What is a reasonable time, must of course depend upon 
 the difficulties and obstructions which the carrier may 
 meet with during the transportation. 
 
 The general rule is, that nothing will free tlie carrier 
 from liability but an actual delivery to the person to 
 whom the goods are sent. It is not sufficient for him to 
 leave the goods at the place where he stops ; he must 
 take them to the residence or place of business of the 
 consignee. 
 
12 TERMINATION OP CARRIER'S RISK. 
 
 The carrier has a right, however, to regulate the place 
 of delivery by an express contract with his employer; or 
 if it is the course of business to leave the goods at speci- 
 fied places, he may land them there, and give the con- 
 signee notice of the arrival and place of deposit. In 
 the absence of any express contract, however, the car- 
 rier cannot excuse himself from making a personal de- 
 livery of the goods, unless he can show there is a usage 
 to ihe contrary, so well known and long established, as 
 to render it highly probable that the person dealing with 
 the carrier had knowledge of it. No such usage has 
 been established, I believe, except in the case of railroads, 
 and certain water carriers, 
 
 Where the delivery is not made to the consignee, in 
 consequence of some usage to the contrary, the liability 
 of the carrier continues until after notice of the arrival 
 of the goods and the place of their deposit has been 
 givei^ to the consignee, and a reasonable time has elapsed 
 for him to take possession of and remove the goods. A 
 notice, even, is not necessary, if the carrier can prove 
 that the uniform usage, and course of business in which 
 he is engaged, is to leave the goods at his usual stopping 
 places, without notice to the consignee, and that such 
 usa^e is of long continuance and notoriety. 
 
 The carrier must see?, at his peril, that the merchan- 
 dize is delivered to the right person. If the goods are 
 delivered to the wrong person, although upon a forged 
 order, he will be liable. It is the duty of passenger car- 
 riers to see that each passenger gets his trunk or bag- 
 gage at the end of his journey. 
 
 The carrier, in order to discharge himself from liabil- 
 ity, must tender 'the goods, at a proper time and place. 
 Thus a tender of money, at a bank, after bank hours, or 
 of goods to a merchant, after business hours, and when 
 his men have left the store, is not sufficient. The car- 
 rier in such case must keep the goods, and tender them 
 again at a proper time. So he must tender the articles 
 at the residence, or place of business of the consignee, 
 according to their nature. It sometimes happens that 
 upon the arrival of the carrier at the place of destina- 
 tion, the consignee refuses to receive the goods, or is 
 dead, or absent, or is not known and cannot, after due 
 
TERMINATION OF LIABILITY. 13 
 
 inquiries, be found ; and in such case, although the lia- 
 bility of the carrier, as such, is at an end, yet he is bound 
 to take reasonable care of the goods till he receives fresh 
 orders from the owner, and he will be liable, if they are 
 injured by reason of any negligence on his part in keep- 
 ing them. In these cases, the carrier may discharge 
 himself from further responsibility, by placing the goods 
 in store with some responsible third person, at the place 
 of delivery, for and on account of the owner, giving him 
 due notice thereof. When so delivered, the storehouse 
 keeper becomes the bailee and agent of the owner in re- 
 spect to such goods. 
 
 The carrier has a right to demand his freight, upon 
 tendering the goods, and if it is not paid, he is not bound 
 to give up the goods; but he may store them in his 
 warehouse, or place of business, and he will thencefor- 
 ward be liable to exercise reasonable care for their 
 safety. (See page 19.) 
 
 Termination of Liability, where Goods are to he car- 
 ried beyond the Carrier's Line. — In the absence of any 
 express contract, if a Common Carrier receives goods 
 directed to a place beyond the limits of the place to 
 which he is accustomed to carry and deliver, his liability 
 does not terminate upon the delivery of the goods by 
 him, at the termination of his line, to some other carrier 
 to complete the transportation, but continues until the 
 goods are safely delivered at the place of their destina- 
 tion. If, therefore, the carrier wishes to limit his lia- 
 bility to his own line, he must give notice to the owner 
 or person delivering the goods, that his liability will 
 cease, upon their delivery by him, at the termination of 
 his route, .to some other suitable carrier. No notice 
 need be given by the carrier, where such a delivery is in 
 accordance with a long established usage known to the 
 owners of the goods. 
 
 Liability of Common Carriers for the Acts of their 
 Agents or Servants.. — Common Carriers are not only 
 responsible for their own acts, but for those of their ser- 
 vants, porters, warehouse-receivers, &c., who are consid- 
 ered as the carrier's servants, employed by him in the 
 execution of the principal undertaking; and no agree- 
 ment between the carrier and his servants affects third 
 
14 
 
 LIABILITY OP CARRIER FOE ACTS OP AGENT. 
 
 persons. They are liable for the misconduct, want of 
 skill, or negligence of their servants; it is, therefore, no 
 excuse for a carrier that the injury was caused by his 
 servant. 
 
 If a person makes a private bargain with the servant 
 of a carrier, by which he and not the carrier is to receive 
 the compensation for the carriage of the goods, the car- 
 rier will not be liable for their safe carriage. The car- 
 rier cannot, however, exonerate himself from liability on 
 account of the negligence, want of skill, or carelessness 
 of his servants and agents, by any private arrangement 
 by which the servant is to have the compensation paid 
 for the carriage of certain kinds of goods. 
 
 A delivery to the servant of the carrier, who is au- 
 thorized or accustomed to receive goods, is a delivery to 
 the carrier. In short, any act of the carrier's servant 
 or agent, within the scope of his authority, will bind the 
 carrier. If, however, the servant exceeds his authority, 
 the carrier will not be liable. Thus, if the servant 
 should receive and undertake the carriage of goods of a 
 different description from those which he is authorized 
 or accustomed to carry, and such goods should be in- 
 jured, the carrier would not be liable. 
 
 It is not necessary, however, that the goods should be 
 precisely of the same kind and description, that had 
 before been carried for hire, to make the carrier liable 
 for a delivery to his agent; provided they are such as 
 the person delivering them had reason to suppose are 
 fairly within the ordinary scope of the agent's authority 
 to receive and transport. 
 
 Liability of Carriers as Partners and Joint Proprie- 
 tors. — Where an association of common carriers is 
 formed, for the purpose of carrying goods or passengers, 
 each member receiving a certain share of the profits, 
 they are treated as partners, and all the members of the 
 association are liable for tlie contracts made by any one 
 of them, in the regular and usual course of business, as, 
 also, for goods lost or injured on any part of the route, 
 whether all are interested in the means of conveyance 
 or not. 
 
 Thux, if for the purpose of establishing a continuous 
 line of communication between distant places, several 
 
EIGHTS AND DUTIES OF PASSENGER CARRIERS. 15 
 
 individuals or companies should associate themselves to- 
 gether, some furnishing vehicles and agents, and taking 
 charge of one part of the line, and others of other parts, 
 yet each member would be liable with the others jointly, 
 for any loss, although the loss happened on a portion of 
 the road, over which he had no control. 
 
 Rights and Duties of the Passenger Carrier. 
 
 1st. His Duty to Receive alj Persons Applying. — 
 A common carrier of passengers is bound to receive all 
 persons applying for a passage; provided there is room 
 for them, and they are willing and offer to pay the regu- 
 lar fare. He may refuse where he has not sufficient 
 room; or where the person applying refuses to comply 
 with the reasonable regulations of the carrier; or is 
 guilty of gross and vulgar habits; or whose character is 
 bad ; or whose object is to interfere with and injure the 
 carrier in his business. 
 
 He may refuse to receive a passenger, if he has not 
 room ; for he must not overcrowd his vehicle, and if he 
 does, a passenger who has engaged his seat may refuse 
 to take it, and sue the carrier for damage. If several 
 engage to have seats together, they cannot be made to 
 occupy separate seats. 
 
 He may refuse to receive a person of notoriously bad 
 character or habits, or who is disorderly or intemperate ; 
 but, having received such a person in his carriage, he 
 cannot turn him out, or treat him disrespectfully, so 
 long as the passenger conducts himself with propriety. 
 
 He may refuse to carry a person whose object in ob- 
 taining a passage is to interfere with and injure his busi- 
 ness. But he has no right to make a contract with the 
 proprietor of another line, running to another place, that 
 he will not receive pa^^sengers coming from such place, 
 unless they come by the line of the proprietor with whom 
 he has contracted ; and he cannot refuse to take a pas- 
 senger, because he came from such place by a different 
 line. 
 
 2d. Duty to Provide for the Safety and Convenience 
 of Passengers. — The liability of the passenger carrier 
 is not the same as that of the carrier of goods. He does 
 not insure his passengers against all injuries not occa- 
 
16 DUTY TO PROVIDE FOR SAFKTY OF PASSENGERS. 
 
 sioned by the act of God, or the public enemy. If r.n 
 injury happens to a passenger, by mere accident, without 
 any fault on the part of the carrier, or his servant, he is 
 not liable. Passenger carriers are bound, however, to 
 the utmost care and diligence of very cautious persons 
 for the safety of their passengers; and will be answerable 
 for any injury caused by the slightest fault or neglect on 
 their part, or on the part of their servants. 
 
 Great care must be taken to provide strong and well 
 made vehicles, and to furnish them with all necessary 
 trappings and equipments. The carrier's vehicles must, 
 in other words, be road-worthy. If an accident happens 
 .by reason of a defect in any part of the carriage or equip- 
 ments, which might have been discovered by a most 
 careful and thorough examination, he will be liable. He 
 must have the vehicle and equipments frequently exam- 
 ined to see that they are safe ; and such examination must 
 be careful and thorough. Thus, in the case of stager 
 coaches, it has been held that the examination must be 
 made previous to every journey. 
 
 The carrier must provide good and steady horses, or 
 strong and well constructed machinery, as the case may 
 be. He must see that the vehicle is not overloaded, nor 
 improperly loaded. He must provide a sufficient num- 
 bej of skilful and experienced servants, of good charac- 
 ter and temperate habits ; and he will be liable for any 
 injury caused by the fault of his servants, and also for 
 all the acts of his servants, where those acts are within 
 the scope of their authority. 
 
 The carrier must not start until the passengers have 
 time to be seated ; and he must prosecute his journey by 
 the usual and customary route. He must .'not drive at an 
 immoderate speed ; and if an accident happens in conse- 
 quence' of his unnecessarily passing along unsafe parts 
 of the road, or through narrow or dangerous passages, 
 or by reason of his taking the wrong side of the road, 
 he would be liable. Before passing oper a dangerous 
 place, the carrier should inform the passengers of the 
 extent of the danger. 
 
 The carrier must observe the law or custom of the 
 road as to the meeting and passing of vehicles, and if 
 a collision takes place by reason of his negligence in this 
 
RIGHTS OF PASSENGER CARRIERS. 17 
 
 respect, he will be liable. He must, however, deviate 
 from the law of the road, in a case where, by pursuing 
 it, a collision would ensue. 
 
 If by the fault of the carrier or his servant, the pas- 
 sengers are placed in such a state of peril as to be justly 
 alarmed for their safety, and they leap from the vehicle 
 and are hurt, the carrier will be liable, although if the 
 passengers had remained in the vehicle, they would have 
 been safe. 
 
 The carrier must stop at the usual places, and allow 
 the usual intervals for refreshments ; and he cannot vary 
 and annul these accommodations at his pleasure, as every 
 passenger is understood to contract for the usual reason- 
 able accommodations. 
 
 He must convey the passengers to thgir places of des- 
 tination, and leave them at the usual stopping-places. If 
 he agrees to take a passenger to a particular place, he 
 must do it ; and an accident happening to his vehicle 
 will not excuse him, for in such case he is bound to pro- 
 vide another conveyance. If it is the custom to carry 
 passengers to their homes or lodgings, the carrier must 
 do it. It is also his duty to see that each passenger gets 
 his trunk or baggage at the end of his journey. 
 
 3d. Rights of Passenger Carriers. — The passenger 
 carrier has his rights as well as his liabilities. He may 
 demand his fare in advance, and refuse to receive a pas- 
 senger unless the fare is so paid. He has a lien upon 
 the baggage of the passenger for his fare, and may detain 
 it until the fare is paid ; he has no lien, however, upon 
 the person of the passenger or upon the clothes he has 
 on. The carrier may make and enforce such regulations 
 as.are reasonable and necessary either for the convenience 
 and comfort of the passengers, or for the successful prose- 
 cution of the carrier's duties. 
 
 Liability of Passenger Carriers for the Baggage of 
 their Passengers. — The passenger carrier is bound to 
 carry the baggage of the passenger safely, and if any 
 loss or injury happens to it, he will be liable unless it 
 was caused by the act of God, the public enemy, or file 
 fraud of the owner. (See pages 7, 8.) He is thus liable, 
 although the passenger has paid no distinct price for the 
 c. c. 2 
 
18 carrier's liability for baggage. 
 
 transportation of his baggage ; for the price paid by the 
 passenger for his fare is considered as including a com- 
 pensation for carrying his baggage. 
 • His liability commences with the delivery of the bag- 
 gage to him or to his servant. If it appears that the bag- 
 gage was never delivered to the carrier or his servants, 
 nor in any way entrusted to his or their keeping; but 
 that it was kept in the hands and under the care of the 
 passenger, the carrier will not be liable. 
 
 His liability terminates with the delivery of the bag- 
 gage to the right person. The carrier must see that each 
 passenger gets his baggage at the end of his journey, and 
 the whole duty in this respect rests with him. The pas- 
 senger need not expose his person in a crowd or endanger 
 his safety, in the attempt to designate or claim his pro- 
 perty ; and if the carrier delivers the baggage to a wrong 
 person, or by mistake, or even upon a forged order, he 
 will be liable. The exercise of ordinary care in mark- 
 ing thp baggage, entering it upon a way-bill, and deliver- 
 ing a check ticket to the owner, renders the discharge of 
 this duty easy. 
 
 If the delivery be made in conformity to a well estab- 
 lished and notorious usage, known to the passenger, the 
 carrier will be discharged. 
 
 In regard to railroads and steamboats, passengers must 
 demand their baggage within a reasonable time, other- 
 wise the strict liability of the carrier as such ceases. He 
 must, however, in such case, store the baggage and take 
 reasonable care for its safety. 
 
 The extent to which carriers may limit their liability, 
 and the effect of notices that " All baggage is at the risk 
 of the owner," has already been considered. (See p. 9.) 
 
 The carrier has a lien upon the baggage of the pas- 
 senger for his fare, and may detain it until the fare is paid. 
 
 The rule that the price paid by the passenger for his 
 fare, renders the carrier liable for his baggage, does not 
 extend to anything beyond ordinary baggage, or such 
 things as a traveller usually carries with him for his per- 
 sotEil convenience in the journey. It neither includes 
 money nor merchandize. It will include, however, all 
 such articles as are usually carried by travellers for their 
 convenience or amusement. Thus, it is not confined to 
 
carrier's lien upon the goods for his fare. 19 
 
 wearing apparel, brushes, razors, writing apparatus, and 
 the like, but includes books carried for his instruction or 
 amusement, also his gun or fishing tackle. So a watch 
 is part of a traveller's baggage, and his trunk is a proper 
 place to put it in; so money to pay travelling expenses 
 may be deemed baggage. 
 
 > Any articles, therefore, which are not strictly baggage 
 must be entered by the owner as freight, and a distinct 
 price paid for the carriage, otherwise the carrier will not 
 be liable. 
 
 The Carrier's Lien upon the Goods for his Fare or 
 Freight. — The carrier, as we have seen, has a right to 
 demand his pay upon receiving the goods. Where he 
 does not receive his pay in advance, he has a lien upon 
 the goods for his pay, that is, a right to detain the goods 
 until he receives or is tendered his hire for their convey- 
 ance. 
 
 The carrier has no right of lipn for anything beyond 
 the price of the carriage of the goods conveyed. He 
 cannot detain them until he has received, not only the 
 price charged for their conveyance, but also the payment 
 of a general balance due him, for the conveyance of 
 other goods on some former occasion. 
 
 Where a part of the goods have been delivered to dif- 
 ferent persons the carrier cannot retain the residue, so as 
 to make one consignee pay freight for what was delivered 
 to another, although the goods formed originally but one 
 entire consignment. But when the whole is to be 
 delivered to one person, under a single consignment, 
 then, although a part has been delivered, he may retain 
 the residue, until the freight for the whole be paid him. 
 
 A common carrier of passengers and baggage has a 
 lien upon the baggage, for the payment of the price of 
 the carriage of the passenger, as well as of his effects ; 
 but he has of course no right to detain the person of the 
 passenger, or the clothes he is actually wearing. 
 
 If the carrier once parts with the possession of the 
 goods, he loses his lien. 'But if he loses the possession 
 of them by fraud, the lien revives if possession is 
 recovered. 
 
 Common Carriers' Charges. — These must be fair and 
 reasonable, according to the ordinary and customary rate 
 
20 
 
 LIABILITIES OF FERRYMEN, 
 
 of remuneration. They, cannot charge more than the 
 customary hire, but there is nothing to prevent them from 
 charging less. If a person sends to a carrier's office to 
 know his rate of charge, the carrier is bound by the 
 representations there made by his clerk, and if goods 
 are sent upon the faith of such representations, the car- 
 rier cannot charge more than the sum named, although 
 the clerk may have inadvertently fallen into a mistake. 
 
 CHAPTER II. 
 
 LIABILITIES OP FERRYMEN. CANAL BOATMEN, 
 STAGE-COACHMEN, WAGONERS, &, CARMEN. 
 
 Ferrymen, who carry goods or passengers as a busi- 
 ness, are liable to the same extent as other common car- 
 riers or passenger carriers. It will be sufficient, there- 
 fore, to direct the reader to that part of the work where 
 the general subject is treated. (See Chapter I.) 
 
 Ferrymen are the legal judges whether it is safe to pass 
 over or not. They must have their boats so made, that 
 all drivers and carriages can easily enter them. It is 
 their duty to regulate the mode in which carriages are to 
 be received into a boat ; and if a person request direc- 
 tion and assistance, and the ferryman refuses, but tells 
 him to proceed, and he thereupon enters the boat, and the 
 goods are lost or damaged in the attempt, the ferryman is 
 answerable ; and as soon as a carriage is fairly on the 
 slip, or drop of the boat, though it be driven by the own- 
 er's servant, it is considered to be in the ferryman's pos- 
 session, and he is responsible for any subsequent loss or 
 damage that may happen to it, or to the horses. 
 
 Canal-boatmen are also common carriers, and their 
 rights, duties and liabilities are the same as those of other 
 carriers. (See Chapter I.) 
 
 Where it is customary to leave goods on the dock, near 
 a canal boat, to be carried, notice of the delivery should 
 be given to the boatmen, otherwise it will not be such a 
 delivery to them as will render them liable. (See p. 10.) 
 
 We have seen that carriers must use all reasonable ex- 
 pedition in transporting the goods. If, however, they are 
 
STAGE-COACHMEN, WAGONERS, CARMEN, «fcc. 21 
 
 delayed from any cause, which they could not guard 
 against by the exercise of reasonable diligence and fore- 
 sight, they are not liable. Thus, where the canal free- 
 zes up, and occasions delay, the boatmen will not be lia- 
 ble for such delay ; they are, however, bound to exercise 
 due diligence in accomplishing the transportation as soon 
 as the obstruction is removed. In the meantime, they 
 must not be guilty of any negligence in taking care of 
 the article detained. 
 
 Stage-coachmen, Wagoners, Carmen, Handcartmen, 
 Truckmen, ^c, are liable the same as other common 
 carriers, for all losses not occasioned by the act of God, 
 the public enemy, or the fault or fraud of the owner. 
 They have, therefore, only to turn to the General Law 
 in Relation to Carriers, to ascertain their duty to receive 
 goods, the commencement, extent, and termination of their 
 liability, and their right to retain the goods until paid for 
 their carriage, &c. 
 
 The rights, duties, and liabilities of the Proprietors of 
 Stage-coaches, as carriers of goods or parcels, or of pas- 
 sengers and their baggage, are the same as those of other 
 common carriers, or passenger carriers; and it will te 
 sufficient to refer such persons to the first Chapter 
 where the general subject is treated. 
 
 CHAPTER III. 
 
 LIABILITIES OF RAILROAD COMPANIES. 
 
 Obligation to take Freight, and extent of Lia- 
 bility in relation thereto. — Railroad Companies, as Com- 
 mon Carriers, are bound to receive all goods offered to 
 the extent of their means of transportation, provided they 
 are such as are usually carried by them, and the person 
 who offers the goods is ready and willing to pay the regular 
 or a reasonable compensation therefor. It is better, in 
 case of a refusal to receive the goods, for the person 
 offering them, to tender the price for carriage, though it 
 has been held, that an averment of a readiness and 
 willingness to pay is sufficient. 
 c. c 2* 
 
22 LIABILITY OF RAILROAD COMPANIES. 
 
 They are not bound to receive goods, which they are 
 not accustomed to carry, or when their cars are full, or 
 when the goods are brought at an unseasonable time, or 
 unless the price is tendered. 
 
 The goods having been placed in the hands of their 
 agents, they are bound to transport them safely to the 
 place of destination, without unnecessary delay, damage, 
 or loss, unless by act of God, or a public enemy. They 
 are, in fact, regarded as insurers of the property com- 
 mitted to their care, and are bound to make restitution 
 for any injury or loss not caused by the act of God, or 
 the public enemy, or the fault of the owner. What is 
 deemed an act of God, or of the public enemy, or the 
 fault of the owner, has already been considered. (See 
 pages 7, 8.) 
 
 The duty of Railroad Companies, as to the delivery of 
 the goods transported on their roads, is somewhat differ- 
 ent from that of other common carriers. The general 
 rule is, that common carriers are bound to make an 
 actual delivery of the goods to the person entitled to 
 receive them ; but as from the very nature and construc- 
 tion of a railroad, it would be impossible to deliver goods 
 to persons off of the line of the road, without employing 
 other means of conveyance in addition thereto, it has 
 been' held that it is sufficient for them to land the goods in 
 their depots or warehouses along the road, and that then 
 their duty as common carriers is at an end. 
 
 In consequence, however, of the great amount of goods 
 transported, and belonging to so many different persons, 
 and of the different hours of arrival, by night as well 
 as by day, it is necessary that the goods should be un- 
 laded, and deposited in a safe place, protected from the 
 weather, and from exposure to thieves and pilferers. 
 
 But, although the liability of Railroad Companies, as 
 Common Carriers, is at an end, when they have deposited 
 the goods, remaining uncalled for on their arrival, in 
 their warehouse or depot, yet they are still liable, as 
 warehouse-men, to use all proper care and diligence to pre- 
 vent the goods coming to any injury or harm. (See p. 48.) 
 
 The extent to which companies are liable for the acts 
 of their servants in receiving goods, and in transporting 
 them, will be considered hereafter. (See page 27.) 
 
LIABILITY AS PASSENGER CARRIERS. 23 
 
 Their Duty and Liabilitj/ as Passenger Carriers 
 
 We have seen, that in regard to the carriage of goods, 
 railroad companies are liable for all losses not caused by 
 the act of God or the public enemy ; but in regard to 
 passengers their liability is different. They do not war- 
 rant the safety of their passengers, but only that they 
 will provide for their safety as far as human foresight and 
 care can go. 
 
 They impliedly warrant, that the road is in good trav- 
 elling order, and fit for use; that their engines and cars 
 are roadworthy ; that their engineers, conductors, and 
 other servants, are skilful and competent for the business 
 in which they are engaged ; and that, in short, every pos- 
 sible care has been taken to secure the safety of the pas- 
 sengers. 
 
 If an accident happetis from any negligence on their 
 part, or on the part of any of their servants, they will be 
 liable. And where the accident is caused by a defect in 
 their cars or engine, which might have been discovered 
 and remedied upon the most careful and thorough exami- 
 nation, they will be liable. But if the accident arises 
 from a hidden and internal defect, which a careful and 
 thorough examination would not disclose, and which 
 could not be guarded against by the exercise of a sound 
 judgment, and the most vigilant oversight, then they are 
 not liable for the injury, and the misfortune must be 
 borne by the sufferer. ' > 
 
 In regard to stage coaches, it has been held, that the 
 vehicle must be carefully examined previous to every 
 journey. What amount of diligence, in this respect, 
 would be required of railroad companies, has never yet, 
 to my knowledge, been decided ; but without doubt the 
 utmost care and diligence would be required of them. 
 
 Duti/ to receive Passengers. — Railroad companies are 
 bound to receive all persons who apply for passage, and 
 tender the regular fare, provided they have suitable 
 accommodations. This rule is, of course, subject to the 
 qualification, that the person applying is not an unfit per- 
 son to be received as a passenger ; for they may right- 
 fully exclude all persons of bad character or habits, or 
 whose objects are in any way to interfere with the inter- 
 est or patronage of the proprietors, or who refuse to obey 
 
24 DUTY TO RECEIVE PASSENGERS. 
 
 all reasonable regulations; and they may rightfully in- 
 quire into the habits or motives of passengers, who offer 
 themselves. 
 
 It is the right and duty of a company to make such 
 regulations, as shall secure the comfort and convenience 
 of the passengers, and repress and prohibit all disorderly 
 conduct ; and all regulations made by the superintendent, 
 tending to that end, may be enforced. 
 
 Thus, it has been held, where the passengers are 
 annoyed, or the railroad officers are hindered in the dis- 
 charge of their duties, by the entrance of innkeepers or 
 hackmen into the depot or upon the platform, for the 
 purpose of soliciting the patronage of the passengers, the 
 superintendent may make a regulation to prevent persons 
 from coming there for that purpose ; and if any person; 
 having knowledge of such regulation, should attempt to 
 violate it, he may be ejected from the depot, no more 
 force being used than is necessary for that purpose.' 
 And an innkeeper, who, having notice of such regula- 
 tion, repeatedly violated it, afterwards purchased a ticket, 
 with the intention of entering the cars as a passenger, 
 and the superintendent, not knowing that fact, but be- 
 lieving he had entered the depot to solicit passengers, 
 orders him out, and he does not show his ticket, nor give 
 notice of his real intention, but presses on towards the 
 cars, and the superintendent with his assistants puts him 
 out, using no more force than is necessary, such removal 
 is justifiable. 
 
 It is hardly necessary to state, that they have a right to 
 make and enforce reasonable regulations as to the con- 
 duct of the passengers, the exhibiting of tickets or 
 passes to the conductors, &c., during the passage. 
 
 Where none of the above-mentioned legal excuses 
 exist, they must receive all who require a passage, if they 
 have room. AnA it will be no sufficient legal excuse, 
 that the company has contracted with another company, 
 that it will not carry passengers applying for passage, 
 on certain days, if they have patronized any other mode 
 of conveyance. 
 
 The company have a right to demand the fare at the 
 time the passenger engages his seat ; and if he refuse, 
 they may fill up his place with other passengers. They 
 
LIABILITY FOR BAGGAGE OF PASSENGERS. 25 
 
 have also a lien upon the baggage of a passenger for his 
 fare, but not on his person, nor on the clothes he is 
 wearing. 
 
 They must not take such a number as to over-crowd 
 the passengers. *rhey are bound to allow the accustomed 
 periods of refreshments on the road ; and if a passenger 
 should be improperly left on the road, they would be 
 liable for the damage thus occasioned him. 
 
 Liability for Baggage of Passengers. — They are 
 liable for all losses or injuries to the baggage of the passen- 
 ger, not occasioned by the act of God, the public enemy, 
 or the fault of the owner. This liability is the same, 
 although no distinct price is paid for the carriage of it ; 
 as the price paid by the passenger for his fare is consid- 
 ered as including a compensation for carry ng his bag- 
 gage. 
 
 Their liability does not commence until the baggage 
 has been actually delivered to their agents. • Thus, if a 
 passenger, instead of delivering his valise to the baggage- 
 master or other suitable agent, should take it with hira 
 into the cars, keeping it under his control, the company 
 would not be liable for its loss, as it was never delivered 
 to them or their agents. If, however, it can be shown 
 that the baggage was delivered in the usual and custom- 
 ary manner, that is sufficient. 
 
 Their liability does not terminate until the baggage is 
 delivered to the owner. If they should deliver it by mis- 
 take, or upon a forged order, to the wrong person, they 
 would nevertheless be liable to the true owner for it. 
 The passenger need not expose his person amidst the 
 crowd usually thronging around the baggage office, on 
 the arrival of the cars at the depot; or endanger his 
 safety in order to point out or claim his property ; for it 
 is the duty of the baggage-master to see, at his peril, that 
 the baggage is delivered to the right person. All mis- 
 takes may however be easily avoided, by having the freight 
 properly marked when delivered to him, and a check- 
 ticket given to the owner. 
 
 A passenger must however demand his baggage within 
 a reasonable time; otherwise the liability of the company, 
 as carriers, ceases. But all liability on their part does 
 
26 MUST PROVIDE COMPETENT SERVANTS. 
 
 not then cease ; for they must store it, in their warehouse 
 or baggage-room, and use reasonable care for its safety. 
 
 The rule, that the price paid by the passenger for his 
 fare, renders the company liable for his baggage, does 
 not extend to anything beyond ordinary liaggage, or such 
 things as a traveller usually carries with him for his per- 
 sonal convenience in the journey. It neither includes 
 money nor merchandize. It will include, however, all 
 such articles, as it is usual for travellers to carry for their 
 convenience or amusement. Thus, it is not confined to 
 wearing apparel, brushes, razors, writing apparatus, and 
 the like; but includes books carried by him for his in- 
 struction or aniusement, also his gun or fishing tackle. 
 So, a watch is part of a traveller's baggage, and his 
 trunk is a proper place to carry it in ; so money to pay 
 travelling expenses may be deemed baggage. 
 
 Any article, therefore, which is not strictly baggage, 
 must be entered by the owner as freight, and a distinct 
 price paid for their carriage, otherwise the company will 
 not be liable. 
 
 They have a lien on the baggage, as a security for the 
 payment by the passenger of his fare. But they cannot 
 detain the person of the passenger, or the clothes he is 
 actually wearing; and if they once part with the posses- 
 sion of the passenger's baggage, they lose their lien upon 
 it, unless they lost the possession by fraud. 
 
 Duty to Provide Faithful and Competent Servants. — 
 Railroad companies are bound to provide servants com- 
 petent to discharge the duties assigned to them. Their 
 engineers, for instance, must be skilful, and capable of 
 taking care of and driving their engines; so, also, with 
 their conductors, brakemen, switch-tenders, &c. ; they 
 must be men every way qualified to perform their respec- 
 tive duties. 
 
 They must not employ servants of intemperate habits; 
 and if a servant in their employ is known to have been 
 guilty of intemperance, or to be unskilful, or negligent, 
 or remiss in his duties, he should be immediately dis- 
 charged; otherwise, if an accident is occasioned thereby, 
 the company will be liable to exemplary damages. 
 
 They are not only bound to employ skilful servants, 
 but to have a sufficient number to meet the wants of the 
 
LIABLE FOU THEIR SERVANTS 27 
 
 road. In some of the States there are express laws regu- 
 lating the number of brakemen, &c., to be employed by 
 the company. 
 
 Liability for the Acts of their Servants. — It is hardly 
 necessary to state, that they are liable for any accident 
 occasioned by the fault of their servants, or the want of 
 proper servants, or by reason of their not having com- 
 plied with the statute regulations of their own state. 
 
 They are liable for all contracts made by their servants 
 or agents which come within the scope of such agent's 
 authority. Thus, they are liable for the acts and default 
 of the freight or baggage-master in regard to all goods 
 usually carried by them, and for all baggage, which may be 
 placed in his hands, from the time he receives it, until it 
 is properly delivered ; and they cannot exonerate them- 
 selves from this liability to the owners, by any agreement 
 between themselves and their servants. Neither will the 
 manner in which the servants may be hired, affect their 
 liability in this respect. Thus, if they should' agree to 
 pay their baggage-master a certain sum of money per 
 month, and all the compensation received for the carriage 
 of small parcels, they would nevertheless be liable for the 
 loss of any such small parcel, unless the owner knew of 
 this arrangement, and expressly contracted with the bag- 
 gage-master as principal. 
 
 If a private bargain is made with the baggage-master 
 for the carriage of a parcel, and a gratuity is paid him 
 for the carriage, which is not intended by the parties to 
 find its way into the pockets of the company, they will 
 not be liable for its loss. So, if the goods offered are not 
 such as are usually carried by the company, or such as 
 the owner had reason to suppose came within the bag- 
 gage-master's authority to receive and transport, and he 
 does receive them, the company will not be liable. Thus, 
 if the company never authorized the carriage of bank 
 bills over their road, and never knowingly received freight 
 therefor, they would not be liable for the loss of a pack- 
 age entrusted to the baggage-master 
 
 The general rule is, as stated above, that they are not 
 only liable for the unfaithfulness, want of skill, or negli- 
 gence of *their servants, but also for all the acts of their 
 
28 LIABILITY FOR KEGLECT. 
 
 servants, when those acts come within the scope of their 
 authority. 
 
 In Massachusetts, any Engineer, Fireman, or other 
 agent of any Railroad Corporation who is guilty of neg- 
 ligence or carelessness, whereby any injury is done to any 
 person or corporation, is liable to be punished by impri- 
 sonment for a term not exceeding twelve months, or by a 
 fine not exceeding $1000. 
 
 Every Railroad Corporation is forbidden to run a pas- 
 senger train, unless there is a trusty and skilful brakeman 
 to every two cars in the train. 
 
 Every Railroad Corporation is forbidden to run a 
 freight train, unless the hindmost car of the train is pro- 
 vided with' a sufficient brake, and there is permanently 
 stationed on such car, a trusty and skilful bi akeman. 
 
 In Maine, any Engineer, Fireman, or other agent of 
 any Railroad Company, or any person employed in con- 
 ducting the trains, by whose negligence or carelessness 
 an injury is done to any person or corporation, is liable 
 to be punished by, imprisonment not exceeding one year, 
 or by fine not exceeding $1000. 
 
 If the life of any person is lost through ignorance or 
 gross neglect on the part of the Engineer or Conduc- 
 tor, or other person having charge of the engine, or any 
 car or train of cars, the Railroad Proprietors forfeit a sum 
 not exceeding $2000, to be paid to the executor or ad- 
 ministrator of the deceased. 
 
 In Connecticut, and New Yorlc, a receipt or check for 
 the baggage must be given to every passenger requiring 
 it, under a penalty of $10. 
 
 In Np.w York, every Agent, Engineer, Conductor, or 
 other person in the employ of the Company, through 
 whose wrongful act, neglect, or default the death of a 
 person has been caused, is liable to be punished by im- 
 prigonmeiit, in the State prison, not exceeding five years 
 or in the county jail not exceeding one year, or by fine 
 not exceeding $25t), or by both fine and imprisonment. 
 
 The personal representatives of a person thus killed, 
 may receive such damages, not exceeding $5000, as a 
 jury may think fair and just; the action to be commenced 
 within two years from the accident. 
 
LIABILITIES OF EXPRESS-MEN. 29 
 
 CHAPTER IV. 
 LIABILITIES OF EXPRESS-IiIEN. 
 
 The Rights, and Duties, and Liabilities of that numer- 
 ous and important class of Carriers, known as "Express- 
 men," do not vary from those of other Common Carriers. 
 These will be here stated, with reference to the pages 
 where the same subject has been more fully treated. 
 
 The express-man is bound to receive all goods offered 
 of a similar description to those which he is accustomed 
 to carry, if he has room in his vehicle, and the person 
 offering them is ready and willing to pay the usual or a 
 reasonable freight in advance. He may regulate the place, 
 time, and manner of receiving goods, and is not bound to 
 receive them until he is ready to carry them. But if he 
 receives the goods, he will be liable, although not deliv- 
 ered according to his regulations. (See pages 6, 7.) 
 
 The liability of the express-man commences with the 
 delivery of the goods to him. To charge him with a loss, 
 it must be shown that the goods were in his care ; it is 
 therefore generally necessary to prove that they were de- 
 livered to him or his servant, or that they were delivered 
 in the usual and customary manner. (See pages 10, 11.) 
 
 The express man is bound to carry the goods, with all 
 reasonable expedition, to the place of their destination, 
 and deliver them to the person to whom they are directed. 
 He will be liable for any loss or injury that may happen 
 to them before they are thus delivered, not occasioned by 
 the act of God, or the public enemy, or the fraud of the 
 owner. (See pages 7, 8.) 
 
 Reasonable expedition is required in the carriage and 
 delivery of the goods ; but the express-man will not be 
 liable for a delay occasioned by any accident or misfor- 
 tune, which he could not guard against by the exercise of 
 reasonable care and foresight. (See page 11.) 
 
 The liability of the express-man does not cease, until 
 the actual delivery of the goods to the person entitled to 
 receive them. The delivery of the goods is as much a 
 part of his duty as the carriage. In the absence, there- 
 fdi^ of any express contract or of any well established 
 (ij.c. 3 
 
30 LIABILITIES OP EXPRESS-MEN. 
 
 custom regulating the place and manner of delivery, the 
 express-man must make a tender of the goods to the per- 
 son to whom they are sent ; and such tender must be made 
 at a proper time and place. I am not aware of any cus- 
 tom which relieves the express-man from the necessity of 
 making an actual delivery. If the delivery is made to the 
 wrong person, he will be liable. (See pages 11, 12, 13.) 
 
 Where the consignee refuses to receive the goods, or is 
 dead, or absent, or cannot be found, the liability of the 
 express-man as a carrier is at an end ; but he must never- 
 theless take reasonable care of the goods^ (See page 13.) 
 
 The express-man may demand his freight upon tender- 
 ing the goods, and if it is not paid, he need not give up 
 the goods, but may keep them until it is paid. In such 
 case, he must take reasonable care of the goods. (See 
 page 13.) 
 
 Where the express-man receives goods directed to a 
 place beyond the limits of the place to which he is accus- 
 tomed to carry and deliver, his liability does not terminate 
 upon the delivery of the goods by him, at the termination 
 of his line, to some other carrier to complete the trans- 
 portation, but continues until the goods are safely deliv- 
 ered at the place of their destination ; unless, by express 
 contract or usage, his liability was to cease upon their 
 safe delivery to another carrier. (See pages 13, 14.) 
 
 The express-man cannot free himself from his liability 
 to carry and deliver the goods safely, by any notice that 
 the goods are to be at the sole risk of the owner. He 
 may, however, establish regulations requiring the person 
 offering goods to disclose their value, and to pay a cor- 
 responding price for their carriage, and he will not be 
 liable, if a person having knowledge of such regulations, 
 fails to comply with them. (See pages 9, 10.) 
 
 He is liable for the faults and negligence of his ser- 
 vants, and also for the acts of his servants, where those 
 acts are within the scope of the servant's authority. (See 
 page 14.) 
 
 Where several express-men associate themselves to- 
 gether for the purpose of forming a continuous line between 
 distant places, each one of them will be liable with the 
 others for a loss happening on any part of the route. 
 (See page 14.) 
 
LIABILITIES OF OWNERS OF STEAMBOATS. 31 
 
 CHAPTER V. 
 
 LIABILITIES OP OWNERS OP STEAMBOATS. 
 
 Liability of the Owners of Steamboats carrying 
 Freight. — The owners of steamboats form quite an 
 important class of common carriers. If they employ 
 their boat solely in carrying passengers, then they only 
 incur the liability of passenger carriers; but if, as is 
 ordinarily the case, the steamboat is employed in the car- 
 riage, not merely of passengers, but of goods and mer- 
 chandize on freight, then the owners will incur the lia- 
 bilities of common carriers as to all such matters within 
 the scope of their employment and business. 
 
 The general rules regulating the duties and liabilities 
 of common carriers, as heretofore stated, are applicable 
 to the owners of steamboats, who carry goods and mer- 
 chandize, as well as passengers ; and they are as follows : 
 
 They are bound to receive all goods offered for trans- 
 portation, which are similar to those which they are 
 accustomed to carry ; provided the person offering them 
 is ready and willing to pay the freight, and the boat is 
 not full. (See page 6.) 
 
 They may regulate the time and manner of receiving 
 goods, but are not bound to receive them until they are 
 ready for their carriage. (See page 6.) Their respon- 
 sibility begins with the delivery of the goods to them or 
 their agents ; and from that time until the goods are de- 
 livered at the place of their destination to the proper 
 person, they will be liable for any loss or injury not oc- 
 casioned by the act of God, or the public enemy, or 
 the fraud of the owner. 
 
 Thus, a loss from theft, from the fault or fraud of their 
 servants, or from accidental fire not occasioned by the 
 act of God, &c., must be borne by them. So they 
 are liable for a delivery by them or their servants to a 
 wrong person. 
 
 As to the commencement and termination of a carrier's 
 liability, and what amounts to an act of God, or of the 
 public enemy, or the fraud of the owner, seepages 7 — 11 
 
32 
 
 LIABILITY FOR BAGGAGE OF PASSENGERS. 
 
 This responsibility for the safe carriage and delivery of 
 the goods, the law will not allow them to avoid. A 
 notice, therefore, that "All goods or baggage are at the 
 risk of the owner," is of no effect, and their liability re- 
 mains unchanged. They have a right, however, to in- 
 quire into the nature and value of the goods left with 
 them for transportation, and to charge a rate of carriage 
 proportioned to their value. A notice, therefore, to this 
 effect, as a notice, that they will not he liable for goods 
 or baggage over a certain amount, unless the owner dis- 
 closes their value and pays an increased rate therefor, is 
 good, and they will not be liable for goods, if the person 
 delivering them fails to comply with this regulation, pro- 
 vided they can prove that he had knowledge of the notice. 
 (See page 9.) ^ 
 
 Liability of Steamboat Owners for the Acts and Mis- 
 conduct of their Servants. — They are liable for any loss 
 or injury caused by the negligence or misconduct of their 
 servants. They are also liable for all acts of their ser- 
 vants, where they come within the scope of the servant's 
 authority. Thus, a delivery of goods to the servant of 
 the owners, is a delivery to them. If, however, the mas- 
 ter or baggage-master undertakes the carriage of goods 
 different from those which he is accustomed to carry, 
 without the consent of the owners, he and not they re- 
 ceiving the price for carriage, they would not be liable. 
 (See page 14.) Thus, in one case, where the company 
 had authorized the carriage of goods, wares and mer- 
 chandize, and the master undertook the carriage of a 
 package of bank bills, he receiving the compensation, 
 and the company having no knowledge thereof, nor never 
 authorizing the same, it was held that the company was 
 not liable for their loss. 
 
 Liability for the Baggage of Passengers. — The 
 owners of th'e steamboat are liable for the safe carriage 
 of the baggage of the passengers, and they will be an- 
 swerable for any loss or injury not occasioned by the act 
 of God, or of the public enemy, or the fraud of the 
 owner. (See p. 18.) They will be so liable, although no 
 distinct price be paid for the transportation, as the fare 
 paid by the passenger is deemed to include not only his 
 own carriage, but also the carriage of his personal baggage. 
 
LIABILITY OF STEAMBOATS AS PASSENGER CARRIERS. 33 
 
 Their liability does not commence until the baggage 
 has been actually delivered to their agents. If a person 
 were to take baggage on board with hiin, and keep it in 
 his own possession, it would be extremely doubtful, 
 whether the proprietors would be liable for its safety ; 
 though it is sufficient, if the baggage is delivered in the 
 usual and customary manner. Their liability does not 
 terminate until the baggage is deli\ered to the right pas- 
 senger ; and he is allowed a reasonable time to demand 
 his baggage. In one case, where it appeared, that though 
 it was usual for passengers, upon the arrival of a line of 
 steamboats at New York, in the night time, to go ashore 
 with their baggage, yet they sometimes remained on 
 board during the night, it was held, that the owners of 
 the boat were liable for baggSge left on board through 
 the night, and .not called for till the usual hour in the 
 morning. [Seepages 9 and 18,] 
 
 The Liability of the Owners of Steamboats as Pas- 
 senger Carriers. — Steamboat proprietors, as passenger 
 carriers, are bound to receive all persons applying for 
 passage, and willing to pay the regular fare, provided 
 they have accommodations They may however refuse 
 to receive any person of bad character or habits ; or 
 whose object is in any way to interfere with the interests 
 of. the boat ; or who refuses to observe all reasonable 
 regulations. 
 
 Like other passenger carriers, they are not r>egarded 
 as insurers of personal safety against all contingencies, 
 except those arising from the act of God and the public 
 enemy. For an injury happening to the person of a pas- 
 senger by mere accident, without any fault on their part, 
 or on the part of their servants, they are not responsible. 
 
 But they are bound to the utmost care and diligence in 
 providing for the safety of their passengers. They must 
 furnish staunch and seaworthy boats, fit for the voyage 
 and the season of the year ; engines suitable and proper 
 and in good running order ; careful engineers of skill 
 and experience ; and officers and men sufficient in num- 
 ber and of competent skill and ability to navigate her. 
 They must carry the passengers by the usual and regular 
 route ; and must exercise all reasonable care and fore 
 c. c. 3* 
 
34 LAWS OF U. S. FOR SAFETY OP PASSENGERS 
 
 > 
 
 sight for their safety during the voyage. In short, they 
 are bound to the utmost care and diligence of very cau- 
 tious persons ; and are responsible for the slightest neglect. 
 The proprietors, as passenger carriers, have certain 
 rights which they may enforce. They have a right to 
 refuse to carry a passenger, unless he vvfill pay his fare in 
 advance. They have also a lien upon the baggage of a 
 passenger for his fare, but not on his person, or the 
 clothes he has on. They have a right to make and en- 
 force such regulations as are reasonable and necessary 
 for the comfort and convenience of the passengers or for 
 the successful prosecution of the voyage. 
 
 ACTS OF CONGRESS FOR THE SAFETY OF PASSEN- 
 GERS ON BOARD OF STEAMBOATS. 
 
 The Act of 1852, 1st Sec. provides, That np license, regis- 
 ter, or enrolment under the provisions of this, or the Act [Act 
 of 1838], to which this is an amendment, or other papers shall 
 be issued by any collector to any steamboat carrying passen- 
 gers, until satisfactory evidence is given that all the provisions 
 of this Act have been fully complied with; and if any such ves- 
 sel shall be navigated, with passengers on board, without com- 
 plying with the terms of this Act, the owners thereof and the 
 vessel itself shall forfeit $500. — The 2d Section directs in- 
 spectors to examine and see that suitable precautions are taken 
 to guard against lessor danger by fire. — The 3d Section provides 
 for thenumberof pumps a steamer shall have, the length of hose, 
 &c. — The ah Section makes provisions as to the number of 
 boats, and metallic life boats, their condition, &c. — The 5th 
 Section provides, that each steamer shall have a life-preserver or 
 float for each and every passenger, and a certain number of 
 fire-buckets and axes. — The Gth Section provides that there shall 
 be convenient access from the lower to the upper deck. — The 7th 
 Section relates to the carrying of hemp, gunpowder, oil of tur- 
 pentine, vitriol, camphene, burning fluid, &c., except by hcense. 
 The penalty is $ 100 for violating the provisions of this Section. 
 — The 8th Section provides, That gunpowder, oil of turpentine, 
 oil of vitriol, camphene, or other explosive burning fluids, and 
 materials which ignite by friction ; when put up for shipment 
 shall be securely packed or put up separately from each other, 
 and from all other articles, and marked with the name of the 
 article. Penalty, $ 1000 or imprisonment not exceeding 18 
 months, or both. — The 9th Section relates to the appointment, 
 qualifications, and duties of two inspectors, &c. 
 
 ' The lOth Section provides, That in those cases where the 
 number of passengers is limited by the inspector's certificate it 
 
ON BOARD OP STEAMBOATS. 35 
 
 shall not be lawful to take on board of any steamer a greater 
 number of passengers than is certified by the inspectors in the 
 certificate ; and the master and owners, or either of them, shall 
 be liable, to any person suing for the same, to forfeit the amount 
 of passage-money and ten dollars for each passenger beyond the 
 number allowed. And moreover, in all cases of an express or 
 implied undertaking to transport passengers, or to supply them 
 with food and lodging, from place to place, and suitable provi- 
 sion is not made of a full and adequate supply of good and 
 wholesome food and water, and of suitable lodging for all such 
 passengers, or where barges, or other cralt, impeding the pro- 
 gress, are taken in tow, for a distance exceeding 500 miles, 
 without previous and seasonable notice to such passengers, in 
 all such cases the owners and the vessel shall be liable to re- 
 fund all the money paid for the passage, and to pay also the 
 damage sustained by such default or delay. Provided, however, 
 that the vessel shall be released in case a satisfactory bond is 
 given to the marshal, for the benefit of the plaintiff. 
 
 The llih Section relates to the penalty for obstructing, or 
 loading the safety valve. Penalty $200 and 18 months' im- 
 prisonment. — The 12/A Section relates to the penalty for suf- 
 fering the water to fall below three inches above the flue. 
 Penalty $ 100 and imprisonment 6 or 18 months. — The 13th to 
 the llih Section provide, That iron boilers be made of stamped 
 plates, and for the qualities of material ; penalty for using un- 
 stamped plates, $ 500 ; and for counterfeiting the marks, $ 500 
 and two years' imprisonment. — 'I he 18^'j to 22nd Section re- 
 late to the appointment of nine inspectors, their duties, pay, 
 expenses, &c. — The 23d and 2ith Sections relate to the duties 
 of Collectors. — The 25lh Section requires that one copy of the 
 Certificates of Inspectors shall be kept posted up in a conspicu- 
 ous place in the steamboat, where it will be most likely to be 
 observed by passengers and others, and there kept. The pen- 
 alty for not having such certificates so posted, and for carrying 
 gunpowder, oil of turpentine, oil of vitriol, camphene, &c., with- 
 out license, or improperly stowed, is $ 100. — The 26th and 
 27th Sections relate to the penalty on inspector for giving false 
 certificate, and the penalty on master for not conforming to the 
 inspector's certificate in the navigation of his vessel. — The 28/A 
 Section provides for the stopping of steamers navigating rivers 
 only, when from darkness, fog, or other cause, the pilot on 
 watch, shall be of opinion that the navigation is unsafe, or from 
 accident to, or derangement of, machinery of the boat, the en- 
 gineer on watch, shall be of opinion that the further navigation 
 of the vessel is unsafe ; and the liability of owners for all dam- 
 age lO passengers and their baggage, if no stop is made. — The 
 29th Section provides that the supervising inspectors shall estab- 
 lish rules for steamers passing each other, to be observed both 
 
36 LAWS OP U. S. FOR SAFETY OF PASSENGERS. 
 
 night and day, two copies of which shall be furnished and kep 
 posted in conspicuous places on such vessels. Penalty for non- 
 compliance, $ 30 — and to all damage done to any passenger. 
 
 The 30M Section provides. That whenever damage is sus- 
 tained by any passenger or his baggage, from explosion, fire, 
 collision, or other cause, the master and the owner of such ves- 
 sel, or either of them, and the vessel, shall bo liable to each and 
 every person so injured, to the full amount of damage, if it 
 happens through any neglect to comply with the provisions of 
 'law herein prescribed,, or through known defects or imperfec- 
 tions of the steaming apparatus, or of the hull ; and any person 
 sustaining loss or injury through the carelessness, negligence, 
 or wilful misconduct of an engineer or pilot, or their neglect oi 
 refusal to obey the provisions of law herein prescribed as to 
 navigating such steamers, may sue such engineer or pilot, and 
 recover damages for any such injury caused as aforesaid by any 
 such engineer or pilot. 
 
 The 3lst to Sith Section relate to fees, &c., of inspectors. — 
 The 35th Section provides, That the master of a steamer shall 
 keep a correct list of all passengers received and delivered from 
 day to day, noting the places where received and landed, open 
 to examination of inspectors, &c. — Penalty for neglect $ 100. 
 
 The 3Sth Section provides, That every master or commander 
 of any such steamer shall keep on board of such steb-mer at 
 least two copies of this Act, to be furnished to him by the Sec- 
 retary of the Treasury ; and if the master or commander neg- 
 lects or refuses so to do, OR SHALL UNREASONABLY 
 REFUSE TO EXHIBIT A COPY OF THE SAME 
 TO ANY PASSENGER WHO SHALL ASK IT, 
 HE SHALL FORFEIT TWENTY DOLLARS. 
 
 The Slth to A3d Section relate to penalties on inspectors, 
 pilots, witnesses ; — penalties, how sued for and recovered, &c. 
 
 Act op 1838 provides for the licensing, or enrolment, of 
 steam vessels ; for the inspection of boilers, machinery, hulls, 
 &c. ; — that the safety valve be opened when the steamer is 
 stopped for any purpose, — under a penalty of $ 200. ; — that one 
 or more signal lights shall be carried by vessels running between 
 sunset and sunrise, — under a penalty of $ 200. 
 
 Act of 1849 provides, That vessels, steamboats and propel- 
 lers, navigating the Northern and Western Lakes shall, during 
 the night, when on the starboard tack, show a red light ; when 
 on the larboard tack, a green light ; and when going oflf large, 
 or before the wind, or at anchor, a white light ; — steamboats and 
 propellers shall carry on the stem, or as far torward as possible, 
 a triangular light, at an angle of about sixty degrees with the 
 horizon, and on the starboard side, a light shaded green, and on 
 
CARRIERS BY SEA. 37 
 
 the ]arboard side red, and said lights shall be furnished with re- 
 flectors, and of a size to insure a good and sufficient light. 
 
 Act of 1843 relates to the additional steering apparatus, 
 of steamboats, to be used in case the pilot is driven from the 
 wheel by fire. 
 
 Act of 1825 relates to enrolments, licenses, registers, &c., 
 of steamboats, owned by incoiporated companies. 
 
 Act of 1812 relates to the enrolment and licensing of steam- 
 boats, belonging to Aliens, &c. 
 
 CHAPTER VI. 
 LIABILITIES OP CARRIERS BY SEA. 
 
 Carriers hy Sea. — The owners and master o? any 
 ship or vessel engaged in a general freighting business 
 are liable as common carriers ; and it will make no dif- 
 ference whether the vessel is employed in the domestic or 
 foreign trade, or in the coasting, river, or ocean service. 
 It will make no difference in any case, that the cargo was 
 all furnished by one person, provided the vessel was open 
 to all persons indifferently who offered freight for her port 
 of destination. Neither will it make any difference, that 
 I the vessel is employed in carrying a particular kind of 
 goods, if she is open to all persons offering goods of that 
 description. 
 
 If the vessel is not engaged in the transportation of 
 merchandize for all persons indifferently, but is employed 
 exclusively by one or more persons, then the owners are 
 not liable as common carriers So, if the owner of a 
 ship, employing her on his own account, should take mer- 
 chandize on board for freight, from a particular individual, 
 for his special accommodation, he would not be liable as 
 a common carrier. In such cases, the owners and mas- 
 ter are liable merely as private carriers to'the exercise of 
 reasonable care and diligence for the safety of goods. 
 
 The Liability of Carriers hy Sea. — Common carriers 
 by sea are liable for all losses not occasioned by the act 
 
38 
 
 LIABILITIES OF CARRIERS BY SEA. 
 
 of God, the public enemy, or by some excepted perils 
 enumerated in the bill of lading. By the bill of lading 
 the owners and master become bound to deliver the goods 
 at the port of destination, in like good order and condi- 
 tion as when shipped " danger of the seas only excepted." 
 
 If no exceptions are made in the bill of lading, the 
 carrier is nevertheless not liable for any loss caused by the 
 act of God, by the public enemy, or by the perils, dan- 
 gers, and accidents of the seas, rivers, and navigation ; 
 but no exception in the bill of lading will exempt him 
 from accidents occasioned by his own negligence and 
 misconduct, or the want of skill or care of the persons 
 whom he has entrusted with the. navigation of the vessel. 
 
 The phrase "perils of the sea" includes such losses 
 only to the goods on board, as are of an extraordinary 
 nature, or arise from some irresistible force, or from some 
 overwhelming power, which cannot be guarded against by 
 the ordinary exertions of skill and prudence. Such are 
 accidents occasioned by the irresistible violence of the 
 winds, and waves, and tides, and currents ; by necessary 
 jettison of the goods ; by collision where no blame is im- 
 putable to either of the vessels ; and losses from the irre- 
 sistible attacks of pirates. For losses not occasioned by 
 the perils of the seas, as losses by embezzlement or theft 
 when not committed by pirates, or by fire, unless occa- 
 sioned by lightning, &c., the master and owners are 
 liable. 
 
 If the loss has been caused by a peril of the seas, yet 
 if, by the exercise of reasonable prudence, skill and fore- 
 sight, it might have been avoided, the carrier will be lia- 
 ble. In order to determine whether the loss has or has 
 not been occasioned by the negligence or want of care 
 and skill of the servants of the ship-owners entrusted with 
 the navigation of the vessel, the state of the wind, the 
 tide, and the light, the degree of vigilance of the master 
 and crew, and all other circumstances, bearing upon the 
 conduct and management of the vessel, together with the 
 usual and established rules of practice of experienced men 
 under such circumstances, must be considered. 
 
 The master and owners generally take care to protect 
 themselves, by the bill of lading, or contract of affreight- 
 ment, from losses by fire. 
 
COLLISIONS, JETTISON, AVERAGE, STOWAGE. 39 
 
 Collisions, when the Carrier is or is not Liable for 
 Losses occasioned thereby. — If the collision is accidental, 
 without any blame being imputable to those having charge 
 of the vessel, then the owners will not be liable for any 
 loss occasioned thereby. If, however, there has been any 
 negligence in the management of the vessel, or if the col- 
 lision has occurred from a failure to observe any well es- 
 tablished nautical rule, the owners and master will be lia- 
 ble. (The rules regulating the meeting and passing of 
 vessels may be found on page 85.) 
 
 JettisonWand General Average. — The master has au- 
 thority to throw overboard a part of the cargo, for the 
 purpose of saving the ship and the residue of the cargo, 
 in a case of extreme peril. This right can be exercised 
 only in a case of extremity. [This subject has been 
 fully treated in the Seaman's Assistant — one of this 
 series, which see.] 
 
 Where the goods are thus thrown overboard, the own- 
 ers of the ship and the residue of the cargo must contri- 
 bute pro rata towards the loss sustained by the owners of 
 such goods for their common benefit ; and the master has 
 a right to detain the goods of the shippers until their 
 proper share of contribution is paid or secured. (The 
 whole subject of general average has been fully treated on 
 page 74.) 
 
 Commencement of the Liability of the Carrier by Sea 
 and his subsequent Duties. — Reception and Stowage of 
 Cargo. — The liability of the owner and master com- 
 mences with the delivery of the goods to them. If the 
 goods are delivered in the usual and customary manner, 
 that is a sufficient delivery. Where the vessel is lying at 
 a wharf, it is usual to deliver the goods on the wharf, and 
 notify the proper officer of the fact. Any accident hap- 
 pening to goods thus delivered, in putting them on board 
 will fall upon the carrier. 
 
 The manner of taking goods on board, and the com- 
 mencement of the carrier's liability, depend upon the cus- 
 tom of the particular place. Thus, if goods are to be 
 conveyed to the ship by lighters, and it is the custom or 
 according to the contract, that the master is to take them 
 from the quay or beach, then his liability commences at 
 
40 SEAWORTHINESS — DUTIES TO SAIL ON APPOINTED DAY 
 
 that place; but if the owners are to deliver the goods at 
 the ship's side, then his liability commences upon the re- 
 ception of them, in the same manner as when the ship 
 loads at the wharf.- 
 
 The cargo must be taken on board with care and skill, 
 be properly stowed and dunnaged ; and the goods stow- 
 ed under deck ; if they are stowed on deck without the 
 consent of the shipper, or without the sanction of custom, 
 they are at the risk of the ship-owners and master, who 
 will be liable for any loss or injury that may happen to 
 them, from whatever cause, notwithstandingvthe excep- 
 tion in the bill of lading of the dangers of the seas. 
 
 If any injury results from bad stowage, the owners and 
 master will be liable, unless the freighter appointed his 
 own stower, or was informed as to the way in which the 
 goods would be stowed. 
 
 Seaworthiness at the Commencement and During the 
 Voyage. — The first duty of the owners and master is to 
 see that the vessel is seaworthy, that is, tight and staunch, 
 and furnished with all tackle and apparel necessary for 
 the intended voyage ; and that she is manned by a crew 
 competent, both in numbers and skill, for the voyage, 
 considering its length and the circumstances under 
 which it is undertaken. If the goods are lost by any 
 defect in the vessel, whether latent or visible, known or 
 unknown, the owner is answerable to the freighter. 
 
 The vessel must be kept seaworthy during the voyage, 
 if the master can do so by the exercise of reasonable 
 care and diligence. If she meets with an accident, it is 
 the duty of the owner to see that she is put in complete 
 repair at the next convenient port. If he does not, he 
 must abide the loss ; for it is of the essence of his con- 
 tract, that his vessel shall be able to receive, retain, and 
 transport her cargo. (See Seaman's Assistant, page 19.) 
 
 Duty of Carriers to Sail on the Appointed Day. — As 
 soon as everything is in readiness aboard the vessel, the 
 master is in duty bound to set sail ; but he ought not to 
 commence his voyage in tempestuous weather. If the 
 owner agrees that the vessel shall sail by a given day, the 
 vessel must sail on that day, unless prevented by necessity; 
 and by necessity is meant, some cause which the owner 
 could not have prevented, such as head winds, bad weather, 
 
COMMENCEMENT AND COURSE OF VOYAGE. 41 
 
 &c., &c. ; and not a delay occasioned by the default or 
 negligence of the owner. And if the owner of the goods 
 is injured in any way, in consequence of the vessel not 
 sailing at the time appointed, he will be entitled to an 
 action against the owner, unless the vessel was prevented 
 from sailing by necessity. 
 
 When a vessel is up for freight, it is customary for the 
 owners to advertise the fact, stating in the advertisement 
 that she will sail on a given day. If, upon faith of such 
 advertisement, a person should send goods on board the 
 vessel, and she should not sail upon the day advertised, and 
 he should be damaged by reason of such delay, the owner 
 of the vessel would, probably, be liable for such damage, 
 unless the vessel was prevented from sailing by necessity. 
 We are not aware that the question has been decided by 
 any court, but have no doubt that it would be so held ; 
 especially if the master delayed sailing for a long time 
 after the day named in the advertisement. Of course, if, 
 where vessels are advertised to sail on a given day, it is 
 meant, and so understood by the public, that they will 
 sail, not on that particular day, but on or about that time, 
 and they sail within a few days of the appointed time, the 
 owners would probably be deemed to have kept their en- 
 gagement. But if, in such case, they should delay two or 
 three weeks, and the owner of the goods were injured 
 thereby, the owners of the vessel would doubtless be liable.* 
 Commencement and Course of the Voyage. — When the 
 voyage is ready, the master is bound to sail as soon as the 
 wind and tide permit ; but he ought not to set sail in very 
 tempestuous weather. 
 
 •The master is bound to proceed to the port of delivery 
 without delay and without any unnecessary deviation 
 
 * The above remarks have particular rcfi-rence lo vessels sailing on long 
 voyages, wliere it would he almost impossilile for the owner to know the exact 
 day on which the vessel will sail. A different rule would prevail, we tliink, 
 in the ca^^e of steamboats plying along our coasts, or on our lakes nnd rivers. 
 If the owner of a steamboat were lo adveriise her to sail on a particular day, 
 he would he boutid, we think, to sail on that day. Certainly iie would have 
 no right to delay her saitin» for a week orlwo aflerthe appointed lime, fur the 
 purpose of procuring more freight; and if he should do so, and any person 
 putting goods on hoard the boat should suffer loss thereby, the steainboai pro- 
 prietors would undoubtedly be liable for such loss. In all cases where the 
 owner wishes to have his goods carried on a panicular day he had lieiler make 
 a special agreement with the owner of the vessel, that she sh 'II sail on the day 
 advertised, and then she must sail on that day unless prevented by necessity. 
 
 c. c. 4 
 
42 STRANDING OF SHIP RESHIPMENT OP GOOUS, 
 
 from the direct and usual course ; %nd if he is forced by 
 perils out of his regular course, he must regain it with 
 as little delay as possible. If the master deviates unne- 
 cessarily from the usual and customary track, and the 
 goods on board are lost or damaged, he and the ship-own- 
 ers will be responsible, although such loss or injury is not 
 proved to have been caused by the deviation. 
 
 Nothing but some just and necessary cause, as to avoid 
 a storm, or pirates, or enemies, or to procure requisite 
 supplies or repairs, or to relieve a ship in distress, will 
 justify a deviation from the regular course of the voyage. 
 A deviation merely for the purpose of saving property is 
 not deemed a necessary deviation. 
 
 The Carrier's Duty where the Ship is Stranded, or so 
 Disabled that she cannot Proceed. — The duties of the 
 owners and master, as common carriers, are not varied after 
 the stranding of a ship ; but their liabilities continue the 
 same as before. They are bound to show that no human 
 diligence or skill could save the property from being lost 
 by the shipwreck ; but that it necessarily perished with 
 the wreck. 
 
 If the vessel is so disabled that she cannot be repaired, 
 the master must procure another vessel, if it is in his 
 power to procure a vessel at a port within a reasonable 
 distance, to carry the cargo to its destined port. 
 
 If the damaged ship can be repaired within a reason- 
 able time, so as to be able to proceed on her voyage, the 
 master is not bound to procure another vessel, but may 
 retain the cargo until the ship is repaired, and then pro- 
 ceed to complete the carriage of the goods. 
 
 Re-shipment, how the Liability of the Carrier is affected 
 by. — The privilege of re-shipping the goods in another 
 vessel is sometimes inserted in the bill of lading ; but it 
 does not affect the liability of the carrier for the safety of 
 the cargo during the whole voyage. The privilege of re- 
 shipping is deemed to be for the benefit of the carrier, 
 and his liability does not terminate until the delivery of 
 the goods at the place of their destination. 
 
 Delivery of the Goods by the Carrier and Termination 
 of his Risk. — The master must deliver the goods to the 
 persons named in the bill of lading, or their assigns ; and for 
 any mistake in this respect, he and the owners are liable. 
 
DELIVERY OF THE GOODS BY THE CARRIER. 43 
 
 In the absence of a special contract, or of a well known 
 and long established usage, the mere landing of the goods 
 upon the wharf is not a sufficient delivery to discharge 
 the owners and master from their liability as carriers ; but 
 the master must make an actual delivery of the goods at 
 the residence or place of business of the consignee, as 
 the case may be. Such delivery must also be made at 
 seasonable hours ; that is,' if they are goods to be deliv- 
 ered at the consignee's ])lace of business they must be ten- 
 dered within business hours. In this respect the duties of 
 carriers by sea and by land are the same.. (See page 1 1.) 
 
 In regard to vessels engaged in the foreign trade, it is 
 now well settled, that the contract of the owners and 
 master is merely to carry from port to port, and unless it 
 is otherwise agreed, it is a sufficient delivery to land the 
 goods at the usual wharf, and give notice thereof to the 
 consignee; and that after such notice has been given, and 
 a sufficient time has elapsed for the consignee to come 
 and take possession of the goods, the carrier's liability, 
 as a carrier, is at an end. But it is the duty of the mas- 
 ter to take care of the goods for the owner, unless the 
 consignee is under an obligation to receive them, in 
 which case they will be at his risk. 
 
 Goods discharged on any day which custom or law has 
 set apart as a holiday must remain at the risk of the ship 
 until the next business day. 
 
 In regard to vessels employed in the coasting and river 
 trade, no such usage, rendering it unnecessary for the 
 master to make an actual delivery of the goods, seems to 
 exist. It has been held, that the liubility of the carrier 
 on the Ohio River does not cease by the delivery of the 
 goods on the wharf, and notice given to the consignee. 
 And this would seem to be the law on the Hudson. So 
 there are several cases in the coasting trade, where, the 
 master has been held to make an actual delivery of the 
 goods. The master of a vessel employed in the coasting 
 or river trade, if he would release himself from the 
 necessity of making an actual delivery to the con- 
 signee, must, therefore, be able to show, that his delivery 
 was in accordance with a usage of that place, so well 
 known and established as to render it probable that the 
 consignee was aware of it. 
 
44 PASSENGER CARRIERS BY SEA. 
 
 Where it is customary to deliver the goods upon the 
 wharf, the carrier will not be discharged from liability., 
 until notice has been given to the consignee, and a suffi- 
 cient time has elapsed for him to come and receive the 
 goods, unless it can be shown to be the well established 
 and uniform usage to land the goods without giving notice. 
 
 It sometimes happens, that the consignee lol'uses to 
 take the goods, or is dead, or absent, or cannot be found; 
 in such case, the master, although his liability as a car- 
 rier is at an end, must take reasonable care of the goods, 
 and see that they are properly stored. 
 
 The master is not bound to deliver the goods until the 
 freight is paid, as he has a lien upon them for his freight; 
 but he cannot detain the goods on board the ship until the 
 freight is paid, for the merchant ought to have an oppor- 
 tunity to examine the condition of them previous to pay- 
 ment. The master, in retaining goods as security fur his 
 freight, is not bound to the strict liability of a carrier for 
 their safety, but is only required to take reasonable care 
 to protect them from loss or injury. 
 
 Where a vessel discharges her cargo by means of 
 lighters, and the goods are lost or injured in their passage 
 from the ship to the shore, the loss will fall upon the own- 
 er of the goods, if the lighterman is employed and paid 
 by him ; but if he is employed and paid by ihe master or 
 ship-owners, he is then the servant of the latter, and the 
 loss must fall upon them. 
 
 Passenger Carriers hy Sea. — The owners and master 
 of vessels, who hold themselves .out as carriers of pas- 
 sengers, are bound, like other passenger carriers, to re- 
 ceive all persons who apply for passage and are ready and 
 willing to pay their fare. They can refuse only in the 
 cases which have been before stated. (See page 15.) 
 
 Every person engaging passage is presumed to contract 
 for all the conveniences and accommodations which are 
 usually furnished on such a voyage. 
 
 The owners and master are bound to provide a vessel 
 seaworthy in every respect ; to pursue the voyage by the 
 usual and regular route, without unnecessary deviation ; 
 to keep the vessel during the voyage, to the extent of his 
 power, seaworthy ; and to provide all such accommoda- 
 tions during the passage, as are usual on like voyages. 
 
PASSENGER CARRIERS BY SEA. BAILMENTS. 45 
 
 The master's relation to the passengers is one of pe- 
 culiar delicacy. His contract with them is not for mere 
 ship room and personal existence on board, but for rea- 
 sonable food, comforts, necessaries and kindness. In 
 respect to females, it proceeds yet further, and includes 
 an implied stipulation against general obscenity, immod- 
 est conduct, and a wanton disregard of their feelings ; 
 and any violation of this implied stipulation, in any of its 
 particulars, will be punished, no less than direct personal 
 assaults. 
 
 The master may make and enforce such rules and regu- 
 lations as are reasonable for the convenience of the pas- 
 sengers, or the successful management or safety of the 
 vessel. Thus, if any passenger violates the peace and 
 good order of the ship, the master may restrain him. So, 
 if a cabin passenger should be guilty of gross impropriety 
 and indecency, or should use threats of violence toward 
 the captain, the captain may exclude him from the table. 
 
 The master cannot require the passengers to assist in 
 working the ship. In times of danger and peril, how- 
 ever, the authority of the master is very great, and orders 
 requisite for the safety of the vessel, given by him at such 
 times, must be obeyed as well by the passengers as crew. 
 
 LiUe other passenger carriers, the owners and master 
 have a lien upon the baggage of the passenger for his pas- 
 sage money. (See page J 9.) 
 
 [The laws passed by Congress for the regulation of pas- 
 senger vessels are to be found in the Rights of Seamen, 
 page 94.] 
 
 CHAPTER VII. 
 
 BAILIYEENTS. 
 
 Bailment, or Bailement, in law, signifies a delivery 
 of goods in trust, on a contract expressed or implied, that 
 the trust shall be faithfully executed on the part of the 
 bailee, and the goods re delivered as soon as the time or 
 use for which they were bailed shall have elapsed or be 
 performed. 
 
 c. c. 4* 
 
46 BAILMENTS. 
 
 Bailment consists of five species : — 
 
 1. Deposit, which is a bailment of goods to be kept for 
 the ^bailer without a recompense. 2, Mandate, which ia 
 a bailment of goods, without reward, to be carried from 
 place to place, or to have some act performed about them. 
 3. Lendifig for use, which is a bailment upon a thing for 
 a certain time, to be used by the borrower without paying 
 for it. 4. Pledging, which is a bailment of goods by a 
 debtor to his creditor, to be kept till the debt is discharg- 
 ed. 5. Letting to hire, which is, 1st. -d bailment of a 
 thing to be used by the hirer for a compensation in mon- 
 ey ; or, 2ndly, a letting out of work and labSr to be done, 
 or care and attention to be bestowed by the bailer on the 
 goods bailed, and that for a pecuniary recompense; or, 
 3dly, of care and pains in carrying the things delivered 
 from one place to another for a stipulated and implied re- 
 ward. 
 
 The responsibility of bailees is governed by the consi- 
 deration whether, in the case of the thing bailed, they 
 have been guilty of ordinary neglect, gross neglect, or 
 slight neglect. Ordinary neglect is the omission of that 
 care which every man of common prudence, and capable 
 of governing a family, takes of his own concerns. Gross 
 neglect is that want of care which every man of common 
 sense, how inattentive soever, takes of his own property. 
 Slight neglect is the omission of that diligence which every, 
 circumspect and thoughtful person uses in securing his 
 own goods and chattels. 
 
 The rules and propositions on which the law of bail- 
 ments depends may, as Sir William Jones observes, be 
 considered as axioms flowing from natural reason, good 
 morals, and sound policy; and are as follow: — 1. A 
 bailee, who derives no benefit from his undertaking, is 
 responsible only for gross neglect, or, in other, words, for 
 a violation of good faith. 2. A bailee, who alone re- 
 ceives benefit from the bailment, is responsible for slight 
 neglect, 3. When the bailment is beneficial to both par- 
 ties the bailee must answer for ordinary neglect. 4, A 
 special agreement of any bailee to answer for more or less, 
 is in general valid. 5. All bailees are answerable for ac- 
 tual fraud, even though the contrary be stipulated. 6. 
 No bailee shall be charged for a loss by inevitable acci- 
 dent, or irresistible force, except by special agreement. 
 
BAILMENTS. . 47 
 
 From these rules the following propositions are evident- 
 ly deducible : — 
 
 1. A depositary is responsible only for gross neglect ; 
 or, in other words, for a violation of good faith. 2. A 
 depositary, whose character is known to his depositor, 
 shall not answer for mere neglect, if he take no better 
 c.are of his own goods, and they also be spoiled or destroy- 
 ed. ;j. A mandatory to carry is responsible only for 
 gross neglect, or a breach of good fahh. 4. A manda- 
 tory to perform a work is bound to use a degree of dili- 
 gence adequate to the performance of it. 5. A man can- 
 not be compelled by action to perforin his promise of en- 
 gaging in a deposit or a mandate. 6. A reparation may 
 be obtained by suit for damage occasioned by the non- 
 performance of a promise to become a depositary or a 
 mandatory. 7. A borrower for use is responsible for 
 slight negligence. 8. A pawnee is answerable for ordi- 
 nary neglect. 9. The hirer of a thing is answerable for 
 ordinary neglect. 10. A workman for hire must answer 
 for ordinary neglect of the goods bailed, and apply a de- 
 gree of skill equal to his undertaking. 11. A letter to 
 hire of his care and attention is responsible for ordinary 
 negligence. 12. A private carrier for hire, by la.nd or by 
 water, is answerable for ordinary neglect. 
 
 To these rules and propositions there are some excep- 
 tions : — I. A man who spontaneously and officiously en- 
 gages to keep, or to carry, the goods of another, though 
 without reward, must answer for slight neglect. 2. If a 
 man through strong persuasion, and with reluctance, un- 
 dertake the execution of a mandate, no more can be re- 
 quired of him than a fair exertion of his ability. 3. All 
 bailees become responsible for losses by casualty or vio- 
 lence, after their refusal to return the things bailed, on a 
 lawful demand. 4. A borrower and a hirer are answer- 
 able in all events, if they keep the things, borrowed or 
 hired, after the stipulated time, or use them differently 
 from their agreement. 5. A depositary and a pawnee 
 are answerable, in all events, if they use the things de- 
 posited or pawned. 6. An innkeeper is responsible for 
 the acts of his domestics, and for thefts, and is bound to 
 take all possible care of the goods of his guests, and is 
 chargeable, although not informed that the goods are in 
 his house. He is regarded as an insurer, responsible for 
 
48 LIABILITY OP WAREHOUSE-MEN. 
 
 any injury or loss, not caused by the actof God, the com- 
 mon enemy, or the neglect or fault of the owner. When 
 however, a guest has the exclusive keeping and occu- 
 pancy of a room, the innkeeper is not liable, nor where 
 he takes upon himself the care of the goods, or neglects 
 to use ordinary caution. 7. A common carrier, by land or 
 by water, must indemnify the owner of the goods carried, 
 if he be robbed of them. But it is no exception, but a co- 
 rollary, from the rules, that " every bailee is responsible 
 for a loss by accident or force, however inevitable or ir- 
 resistible, if it be occasioned by that degree of negligence 
 for which the nature of his contract makes him generally 
 answerable." 
 
 Warehouse-men are bound only to take reasonable and 
 ordinary care of the goods deposited with them. Thus, 
 they would not be liable for thefts, or for loss or injuries 
 caused by rats, unless occasioned by their want of proper 
 care, &c. Their liability commences as soon as the 
 goods arrive, and the crane of the warehouse is applied 
 to hoist them in. 
 
 A person may act both as a warehouse-man and as a 
 common carrier, and it is sometimes a question of con- 
 siderable nicety to decide in which character he is an- 
 swerable in case of an accident. The general rule would 
 seem to be, that if he receives goods to be carried by him 
 after he shall have received further orders respecting them, 
 and he stores them in his warehouse in the meanwhile, 
 and they are there lost, his liability will be that of a ware- 
 house-man ; that is, he will not be liable for the loss, if he 
 has used ordinary care for their safety. But if the goods 
 are placed in his hands as a carrier to be transported by 
 him without further orders, and he places them in his 
 warehouse, as a convenience or security to himself, or at 
 the intermediate station on his route, and they are there 
 lost, his liability will be that of a common carrier. 
 
 The warehouse-man must be careful not to deliver to 
 the wrong person, if he does he will be liable. 
 
 Wharfingers and Forwarding Merchants are liable to 
 the same extent as warehouse-men. 
 
 It is not well settled, whether warehouse-men and 
 wharfingers have a lien upon the goods deposited, for 
 their storage and wharfage, although the better opinion, is 
 that they have. 
 
LIABILITY OF CONSIGNOR AND CONSIGNEE. 49 
 
 CHAPTER VIII. 
 
 LIABILITY op CONSIGNOK AND CONSIGNEE, 
 
 Liability of Consignor. — The Consignor is responsi- 
 ble by law to the Carrier for his charges in the carriage 
 of the goods, and the Carrier may consequently maintain 
 an action against him for their amount. And it has been 
 held that the usual clause in a bill of lading, engaging 
 the master of the ship to deliver the goods to the con- 
 signee, or his assigns, " Ae or they paying freight for the 
 said goods," is introduced for the benefit of iiie carrier of 
 the goods only, and merely to give him the option, if he 
 thinks, fit, to insist upon his receiving freight abroad b^e- 
 fore he delivers the goods; and that if he waives the 
 benefit of that provision in his favor, and delivers the 
 goods, without first receiving payment, he may notwith- 
 standing such delivery, recover the amount of his charges 
 from the consignor. This is the rule where the goods 
 belong to the consignor, and are shipped on his account. 
 It would seem, however, that if the goods were not own- 
 ed by the consignor, and were not shipped on his account, 
 and for his benefit, that the carrier, where the bill of la- 
 ding contained this clause, would not be entitled to call 
 on the consignor for freight. It is better for the master 
 of a vessel, in all such cases, to endeavor to get the 
 freight from the consignee, and thus avoid the possibility 
 of mistake. 
 
 Liability of Consignee. — If a person receive goods in 
 pursuance of a bill of lading, in which it is expressed that 
 the goods are to be delivered to him, he paying freight, 
 he, by implication, agrees to pay freight, and may, con- 
 sequently, be sued therefor, either by the master or ship- 
 owner, unless he is a mere agent receiving the goods on 
 behalf of a known principal, and unless the goods have 
 been shipped on board under a charter-party of affreight- 
 ment, by which the charterer himself has covenanted to 
 pay the freight. A consignee (not the owner) of goods 
 receiving them in pursuance of a bill of lading, whereby 
 
50 
 
 RIGHT TO SUE FOR LOSS. 
 
 the ship-owner agrees to deliver them to the consignee, 
 by name, he paying freight, is not liable for general aver- 
 age, although he has had notice, before he received the 
 goods, that they have become subject to that charge. It 
 would seem that the consignee would be so liable if the 
 consignor had, by the bill of lading, madfe the payment of 
 general average a condition precedent to the delivery of 
 the goods. 
 
 Whether the Consignor or Consignee may sue the Car- 
 rier, in Case of a Loss. — It is sometimes difficult to de- 
 cide, from a bill of lading, whether an action against the 
 master or owners of a ship, for loss or injury occasioned 
 by his or their negligence, should be brought by the con- 
 signor or the consignee. 
 
 It is a general rule that actions against ship-owners, as 
 carriers, on their implied contract, and actions for the loss 
 or injury of the goods entrusted to them, must be brought 
 by a person who has some property in the goods. 
 
 Where goods are sent by a seller to a buyer, the de- 
 livery of them to the carrier usually vests the property in 
 the latter, and he is the person to sue the carrier for the 
 loss of them. And if the consignor acted as the agent of 
 the consignee in the purchase of the goods, and delivered 
 them to the carrier, to be conveyed at the risk of the 
 consignee, the action against the carrier for a loss should 
 be brought by the consignee and not by the consignor. 
 
 But if by the terms of dealing between the consignor 
 and consignee, the latter is not to acquire a property in 
 the goods, and they are to remain at the risk of the con- 
 signor until actual delivery; or if the consignee procured 
 the goods to be consigned to him by fraud, so that no 
 property in them passed to him, the consignor may sue. 
 So, if goods are sent by a carrier merely for approval, the 
 property not passing to the consignee until he receives 
 and adopts the goods, the consignor is the person to bring 
 the action against the carrier. 
 
 If the person to whom the delivery is ordered is only 
 an agent of the shipper, and has no property in the goods, 
 it would seem, in such case, that the consignor, and not 
 the consignee, is the proper party to sue- 
 
 Cases may occur where the consignor and consignee 
 both may have a property in the goods; as where the 
 
EXTENT TO WHICH A BILL OP LADING IS BINDING. 51 
 
 goods are shipped by the consignor to be sold on his own 
 account, and the consignee or agent has made advances 
 on the consignment. In such case, it would seem that 
 they might, either of them, bring an action against the 
 carrier. And though by a delivery to the carrier the 
 property vests in the purchaser, yet, if a special contract 
 has been entered into between the carrier and the con- 
 signor, whereby the consignor agrees to pay the carrier 
 for the safe carriage and delivery of the goods, the con- 
 signor is entitled, as well as the consignee, to sue the 
 carrier for a loss. 
 
 Tlie Extent to which the Bill of Lading is binding 
 upon the Ship-owner and blaster. — »The bill of lading is 
 the written acknowledgment of the master that he has 
 received the goods from the shipper, to be conveyed on 
 the terms therein expressed to their destination, and 
 there delivered to the parties therein designated ; and 
 though it is signed by the master, he does it as agent for 
 the owners, and it is a contract binding upon them. The 
 bill of lading usuiily contains among other things, the 
 amount and condition of the goods shipped; and a ques- 
 tion has been raised, how far the master and ship-owners 
 are bound by these and other statements made therein. 
 
 The bill of lading is, in all cases, prima facie evidence 
 of the statements therein contained ; but as between the 
 consignor or consignee and the ship-owners, it may be 
 controlled by other evidence. Thus, a consignor brought 
 an action against a carrier for the non-delivery of ten 
 barrels of flour. To sustain his case, the consignor put 
 in evidence the bill of lading, signed by the master, m 
 which it was stated that one hundred barrels had been 
 shipped; and he then proved, that only ninety barrels 
 had been delivered by the master to the consignee. The 
 ship owners, in reply, offered evidence to prove, that the 
 statement in the bill of lading as to the number of bar- 
 rels shipped was incorrect, and that only ninety barrels 
 had in fact been put on board the ship ; and the court 
 permitted them so to do. 
 
 So, where a consignee having received the bill of lad- 
 inor, and advanced money upon it, brought an action 
 against the ship-owners for not delivering the full amount 
 of goods stated in the bill of ladmg t9 have been shipped 
 
52 
 
 GOODS AT THE RISK OF THE PURCHASER. 
 
 it was held, that the ship-owners might prove, thit they 
 never in fact received so many goods as was stated in the 
 bill of lading. , 
 
 As, however, a bill of lading is usually negotiable, and 
 as its negotiability must depend, in a great measure, upon 
 the confidence which can be placed in the correctness of 
 the statements therein contained, it would seem to be 
 contrary to the policy of the law to permit, either the 
 master or the ship-owners, to deny the truth of those 
 statements, where the bill of lading has been assigned or 
 indorsed over, and the assignee or indorsee has paid a 
 valuable consideration for it. It would seem, therefore, 
 that as against an indorsee for value, the ship-owner can- 
 not dispute or deny what his agent, the master, by his 
 signature has affirmed. The question is, however, still 
 open to discussion. 
 
 Where the master had signed a bill of lading, in which 
 it was stated that the freight had been paid by the ship- 
 pers, though nothing in fact had been received, and the 
 bill of lading was transferred by the consignee for a valu- 
 able consideration, it was held, that neitlier the master, 
 nor the ship-owners could claim freight from the assignee 
 of the bill of lading, but were bound, as against such as- 
 signee, by the statement in the bill of lading, that the 
 freight had been paid. 
 
 It is obvious that the quality, and frequently also the 
 quantity of the goods, must be unknown to the master, 
 and, ill such cases, tVie master ought to insert words in 
 the bill of lading, denoting that the quality and quantity 
 are only according to the representation of the merchant. 
 And the master should be careful not to sign bills of lad- 
 ing until the goods are actually delivered to him, nor to 
 permit the insertion of statements therein at variance with 
 the facts. By so doing he may bind his owners, and be- 
 come himself responsible to them and to other parlies. 
 
 Goods at the risk of the Purchaser while in the hands 
 of the l^arrier. — Where goods are sent by a seller to a 
 purchaser, the delivery of them to the carrier usually vests 
 the property in the purchaser, absolutely, from the time 
 of the delivery, and if any loss happens to the goods he, 
 and not the seller must sustain it. If, therefore, the 
 goods never rea&h .the purchaser, but are lost while in 
 
STOPPAGE IN TRANSITU. 53 
 
 the hands of the carrier, the seller may, nevertheless, sue 
 the purchaser for the price of the goods. And it makes 
 no difference, in such case, that the seller is to pay the 
 carrier for the carriage of the gbods. 
 
 The seller is bound to follow the directions prescribed 
 by the purchaser in the execution of an order for sending 
 goods, -since the latter sustains the risk of their convey- 
 ance, but in the absence of any specific directions upon 
 that subject, the seller will be considered as duly per- 
 forming his part of the contract, if he send them by the 
 usual and accustomed mode of conveyance. Of course, 
 if there is a special agreement that the goods shall be at 
 the risk of ihe consignor until their delivery to the pur- 
 chaser, that agreement will be binding. 
 
 Stoppage in Transitu. — Where goods have been ship- 
 ped upon credit, and the consignee has become a bank- 
 rupt, or failed, the law, in order to prevent the loss that 
 would happen to the consignor by the delivery of them, 
 allows him, in many cases, to countermand the delivery, 
 and before or at their arrival at the place of destination, 
 to cause theni to be delivered to himself or to some other 
 person, for his use. This is technically called, stoppage 
 in transitu. 
 
 It is necessary, that the consignee should become bank- 
 rupt, or insolvent, for the consignor to exercise this right. 
 If goods are sent by order of the consignee, on his ac- 
 count and at his risk, and the consignor draws bills of 
 exchange on him for the price, and indorses and transmits 
 the bills of lading, the consignor cannot take possession 
 of the goods at the place of destination, and insist upon 
 immediate payment as the condition of delivery, the con- 
 signee being willing to accept the bills, and not having 
 failed in his circumstances. 
 
 The consignor may exercise this right of resuming 
 possession of the goods in case of the bankruptcy or in- 
 solvency of the consignee, at any time before the goods 
 have come into the actual or constructive possession of 
 the consignee ; unless the latter has made a valid assign- 
 ment of the bill of lading for a valuable consideration, in 
 which case the goods belong to such assignee, and the 
 consignor cannot resume possession of them, even if the 
 consignee has become insolvent. 
 c. c. 5 
 
MAEINE INSURANCE, 
 
 CHAPTER I. 
 
 ^Vhat cannot be Insured : Wages of Seamen cannot be Insured, — Pro- 
 perty usually Insured. — A person cannot Insure unless he has an In- 
 terest in the Property Insured. — Insurance upon Freight. — Other Insura- 
 ble Interests. — When Consignee, or Factor, is bound to Insure. — Rein- 
 surance. — Double Insurance. — Open and Valued Policies. 
 
 What cannot be Insured. — In time of war no valid Insarance 
 can be efieoted upon the property of an enemy, although such 
 property consists of goods manufactured in this country ; neither 
 can a citizen insure goods purchased by him in an enemy's 
 country. Where, by the laws of the land, the traffic in any ar- 
 ticle is prohibited, no insurance can be e^cted on such article. 
 The general rule is, that an insurance cannot be made in contra- 
 vention of the laws of the land. And the insurer may take ad- 
 vantage of this objection, though he knew, at the time the in- 
 surance -was effected, that the voyage vpas illegal. 
 
 The Wages of Seamen cannot he Insured: This rule, how- 
 ever, does not apply to wages already earned. Neither does it 
 apply to the captaMs wages, which may be insured, as also his 
 commissions and privileges on board the vessel. 
 
 The Property usually Insured. — Insurances are most common- 
 ly made on goods and merchandize, freight, bottomry loans, pro- 
 fits and commissions. Every kind of property, in fact, may 
 become the subject of insurance, unless, from motives of public 
 policy, it has been prohibited by law. 
 
 A Person cannot insure unless- hehas an Interest in the Proper- 
 ty Insured.— Tho law is well settled in this country, that if a 
 man insures property in which he has no interest, the insurajice 
 is void, although it is expressed in the policy, " interest or no 
 interest." These policies are called wager policies, and are re- 
 garded by law as a species of gambling, and are therefore void. 
 
 It is not necessary, however, that a person should be the own- 
 er of the whole, or a part of the property in order to enaiMe him 
 
INSORANCE UPON FREIGHT. 55 
 
 to effect an insurance thereon ; it is sufficient, if he is directly 
 interested in its safety. A person, tlierefore, has an insurable 
 interest in any property, when he is so circumstanced with re- 
 spect to it, that its loss will be prejudicial to him. 
 
 Insurance upon Freigld. — In order to recover on a freight 
 policy, the insured must establish, either that goods were put on 
 board the vessel, or that there was some contract under which 
 the ship-owners, if the voyage had been consummated, would 
 have been entitled to demand freight. 
 
 It is not always necessary, however, that the-caigo should be 
 actually on board, in order to enable a ship-owner," upon the loss' 
 of the vessel , to recover the insurance of the freight ; it is suffi- 
 cient, if it is so engaged as to give the ship-owner tihe right to 
 have it. 
 
 But it is necessary that the insured should have either already 
 received the goods on board, or sailed in the performance of 
 a contract to carry goods. If, therefore, the owner of a ship, 
 upon the eve of sending her to a foreign port for the purpose of 
 obtaining freight, (no cargo, however, having been contracted 
 for, but the ship being merely a seeking ship,) should procure an 
 insurance on the freight expected to be earned, and the vessel 
 should be lost on her passage out, and before any contract for 
 freight had been entered into, — the owner could not recover such 
 insurance. 
 
 And where, on a valued policy, made with referenQS to the 
 whole amount of freight, a complete cargo is not in fact obtain- 
 ed, but the ship is only partly loaded when lost, the insured can 
 only recover for the loss of the freight on the goods actually 
 loaded on board the vessel. 
 
 Ollisr Insurable Interests. — The profit expected to arise from 
 a cargo of goods may be insured. Profits ought always to be 
 insured in a valued policy, as they are then recoverable in case 
 of a loss of the cargo, without the insured being compelled to 
 show that any profits would have been made if the loss had not 
 happened. 
 
 The advances of a consignee, an agent or factor, and .the com- 
 missions of a master or supercargo, ire all subjects of insurance. 
 So, a merchant has an insurable interest in the expected com- 
 missions upon goods on shipboard, in the progress of the voy- 
 age, which are consigned to him for sale. 
 
 Both mortgagor and mortgagee may severally insure their re- 
 spective interests. And though the property is mortgaged to its 
 full value, yet the mortgagor has an insurable interest in the 
 whole. 
 
 The lender upon bottomry and respondentia bonds has an in- 
 surable interest for the sum lent. The owner of the ship, in 
 such case, has only an insuraMe interest in the surplus value 
 ■above the sum lent. 
 
5G WHEN CONSIGNEE IS BOUND TO INSURE. 
 
 It is sufBoient if the insured has only a special property in the 
 thing insured ; as a part owner of a vessel, who has chartered 
 the remainder with a covenant to pay the value in case of a loss, 
 may insure the whole vessel as his property. But a part owner 
 insuring in his own name only, and not mentioning any other 
 person as being interested, can recover only the value of his own 
 interest. The insured usually causes the policy to be made fur 
 " himself and whom it may concern," in which case it is for 
 the benefit of any person who has an interest in the property at 
 the time of the insurance, and who authorized the insurance to 
 be effected, or adopted it when made. 
 
 A person who charters a vessel and contracts with the owner 
 to make insurance, has' a suflacient insurable interest, as the ef- 
 fect of the contract is the same as an agreement to pay in case of 
 loss. In such case, it is not necessary for the insured to state to 
 the underwriters the particular nature'of his interest, unless they 
 question him respecting it. And where it is stipulated by a char- 
 ter party, that in case the ship be lost during the voyage, the 
 charterer shall pay the owner a sum of money which is estimated 
 as the value of the ship, the owner has still an insurable interest. 
 
 When Consignee, or Factor, is bound to Insure. — It seems 
 now to be well established, that consignees for sale, such as 
 commission merchants, &c. , may insure both for themselves and 
 for their principal or consignor ; and they may insure the goods 
 in their own name or in the name of their principal. If they 
 insure in their own name, and the goods are lost, they may re- 
 cover the full value of the goods, in which case the surplus, be- 
 yond their own interest, would belong to their principal. 
 
 Commission merchants are not, however, bound to insure, for 
 the benefit of their principal, goods consigned to them for sale, 
 without some express. or implied directions to that effect. 
 
 The instances in which an order to insure must be obeyed are, 
 first, where a merchant abroad has effects in the hands of his 
 correspondent here, in which case he has a right to expect that 
 he will obey an order to insure, because he is entitled to call his 
 money out of the other's hands when and in what manner he 
 pleases ; secondly, where the merchant abroad has no effects in 
 the hands of his correspondent, yet, if the course of dealing 
 between them be such, that the one has been used to send orders 
 for insurance, and the other to comply with them, the former 
 has a right to expect that his orders for insurance will still be 
 obeyed, unless the latter give him notice to discontinue that 
 course of dealing ; thirdly, if the merchant abroad send bills of 
 lading to his correspondent here, he may ingraft on them an or- 
 der to insure, as the implied condition on which the bills of lad- 
 ing shall be accepted, which the other must obey, if he accept 
 them, for it is one entire transaction. 
 
 And if the usage of trade, or the habits of dealing between 
 
REINSURANCE DOUBLE INSURANCE. 57 
 
 them and their principals, require them to insure, they are hound 
 to do so, even if they have received no express directions. 
 
 In the above cases the agent or consignee must exercise due 
 tliligence and skill in procuring insurance, and must cause the 
 usual and ordinary risks to be inserted in the policy. If in any 
 of these cases he neglects to make insurance, he is himself, by 
 the custom of merchants, to be considered as the insurer, and 
 liable as such in the event of a loss. And, if no available insur- 
 ance is effected, it is the same as if none at all were made. 
 
 It has been held that, although no advantage can be taken of 
 a gratuitous promise to procure insurance, in case of a total ne- 
 glect to do so ; yet, that, if a voluntary agent actually proceeds 
 to make insurance, but through his gross mismanagement the 
 benefit of it is lost, he is answerable for the injury sustained. 
 
 Of Reinsurance. — It sometimes happens that the underwri- 
 ters are desirous to be relieved from their responsibility, and 
 they can do so by reinsuring the same risk. But the reinsurer 
 is only responsible to the original insurer, and not to the origin- 
 al insured. The owner, therefore, can have no remedy against 
 the reinsurer, in case of loss, even though the original insurer 
 become insolvent. 
 
 Whatever reasonable and necessary- expense the party rein- 
 sured lias incurred in order to protect himself, and to entitle him 
 to a recovery over against the reinsurers, he may, in addition to 
 the sum he has been compelled to pay the insured, recover from 
 the reinsurers ; especially if he had given the reinsurers notice 
 that a suit has been commenced, and that they will be looked to 
 for the costs and expenses, and do not object. An underwriter, 
 in obtaining a policy of reinsurance is bound to communicate, in 
 the same manner as the owner, such information as he possesses 
 in reference to the premises insured, and also id the character of 
 the party insured, and if he does not the policy will be void. 
 
 Of Double Insurance. — Double insurance is where the insured 
 makes two insurances on the same risk, and the same interest. 
 It differs from reinsurance in this, that it is made by the insured, 
 with a view of receiving a double satisfaction in case of loss ; 
 whereas a reinsurance is made by a former. insurer, to protect 
 himself from a risk, to which he was liable by the first insurance. 
 A double insurance, though it be made with a view to a double 
 satisfaction in ease of loss, and is therefore in the nature of a 
 wager, is not void. The two policies are considered as making 
 but one insurance. They are good to the extent of the value of 
 the effetets put in risk ; but the insured will not be permitted to 
 recover a double satisfaction. He may sue the underwriters on 
 both the policies, but he can only recover the real amount of his 
 loss, to which all the underwriters shall contribu»3 in proportion 
 to their several subscriptions. And, therefore, if he should con- 
 tent himself with suing on only one of the policies, the under 
 C c. 5* 
 
58 OPEN AND VALUED POLICIES. 
 
 writers on that policy may recover a ratable contribution from 
 the other underwriters. Different persons, however, may insure 
 the same thing upon distinct interests, and each recover the full 
 value of the thing insured. The insured may recover the 
 amount insured on all the policies, if it does not exceed the real 
 value of the property insured. 
 
 It is usual, in American policies, to insert a clause to the ef- 
 fect, that, in case any prior insurance has been effected on 
 the same property, the underwriters to this policy will be liable 
 only for so much as the amount of such prior insurance may be 
 deficient towards fully covering the property at risk, whether for 
 the whole voyage, or from one port of lading to another. And 
 also another clause to the effect, that, in case any subsequent in- 
 surance be effected upon this same property, the underwriters to 
 this policy shall nevertheless be answerable, to the full extent 
 of the sum by them insured, without right to claim contribution 
 from such subsequent insurers. The effect of these clauses is to 
 prevent contribution. And in case of a loss, whether total or 
 partial, it must be borne by the underwriters in the order of time 
 in which they stand ; that is, the amount covered by the first 
 nolicy must be exhausted, before a claim can be made on the 
 underwriters to the second, and so on. 
 
 Open and valued Policies. — An open Policy of .insnrance is 
 where the amount of the interest of the insured is not fixed by 
 the policy ; but is left to be ascertained by the insured, in case 
 a sloss hall happen. 
 
 A Valued Policy is where a value has been set upon the ship 
 or goods insured, and this value inserted in the policy in the na- 
 ture of liquidated damages, to save the necessity of proving it, 
 in case of a total loss. 
 
 Where the insured has an actual interest in the property in- 
 sured in a valued policy, the value shall not be questioned upon 
 a total loss ; unless the valuation was a mere cover for a wager 
 policy, or unless it loas so grossly enhanced as to raise a presump- 
 tion of fraud. 
 
 If goods are fraudulently overvalued, in a policy of insurance, 
 with intent to cheat the underwriters, the contract is entirely vi- 
 tiated, and the insured cannot recover even for the value actual- 
 ly on board. Where, however, a valued policy is, bona fide, 
 meant as an indemnity, the court will not inquire very minutely 
 whether the valuation be very near the true interest of the in- 
 sured. 
 
 In the case of a partial loss it was formerly held, that the val- 
 uation in the policy was to be disregarded, and the loss adjusted 
 as in the case of partial loss under an open policy. But the bet- 
 ter opinion now is, that the valuation of the property in the pol- 
 icy is to be considered as correct, in the adjustment of partial 
 as well as total losses. 
 
OF REINSURANCE AND CONCEALMENT. 59 
 
 CHAPTER II. 
 
 df Representation. — Of Concealment. — AVhat will be deemed a Material 
 Concealment. — What Things need Not be Disclosed. — Of Warranties i 
 Warranty of the Ship's Safety — Warranty that Ship shall Sail on a giv- 
 en Day — Of Seaworthiness of the Vessel — Commencement and Termi- 
 nation of the Risk : Upon the Ship — Upon Goods — Deviation from the 
 Voyage — What will justly a Deviation from the Voyage : Stress of Wea- 
 ther — Want of necessary Repairs — Succoring Ships in Distress — Sick- 
 ness of the Captain or Crew — Barratry. 
 
 Of Representation. — A representation in insurance is a ver- 
 bal or written statement, not inserted in the policy, of such facts 
 or circumstances, relative to the proposed adventure, as are nec- 
 essary to be communicated to the underwriters, to enable them 
 to form a just estimate of the risl£. A representation is said to 
 be material, vphen it communicates any fact or circumstance, the ■ 
 belief of which may be reasonably supposed to influence the 
 judgment of the underwriters, in undertaking the risk, or calcu- 
 lating the premium. And whatever may be the form of expres- 
 sion used by the insured or his agent, in making a rejiresenta- 
 tion, if it have the effect of imposing upon, or misleading, the 
 underwriter, it will be material, and fatal to the contract. There 
 is a material difference between a representation and a warranty. 
 A warranty being a condition upon which the contract is to 
 take effect, is always a part of the written policy, and must ap- 
 pear on the face of it ; whereas a representation is only a mat- 
 ter of collateral information or intelligence, on the subject of the 
 voyage insured, and makes no part of the policy. A warranty 
 must be strictly and literally complied with ; but it is sufficient if 
 a representation be true in substance. 
 
 The effect of a misrepresentation in a policy depends on its 
 materiality to the risk. If it had no influence, or ought to have 
 had none, of course it could not have been material. A misrep- 
 resentation, in a material point, avoids the policy ; and it makes 
 no difference; in such case, whether the misrepresentation be 
 made with a fraudulent design, or by mistake, or negligence, as 
 the insurer is thereby led into an error, and induced to take the 
 risk at a smaller premium than he would, had he known the real 
 state of the facts, in which case, perhaps, he would not have as- 
 sumed the risk at any rate of premium. And such misrepre- 
 sentation so completely vitiates the policy, that the insured can- 
 not recover upon it, even for a loss arising from a cause uncon- 
 nected with the facts, or circumstance misrepresented. Whe- 
 ther a misrepresentation be material or not, is a fact for the jury 
 to decide. But no representation of a person's opinion, intention, 
 expectation, or belief, unless fraudulently made, will avoid a policy. 
 
60 WHAT IS DEEMED A MATERIAL CONCEALMENT. 
 
 In such case, the party does not know the real state of the facts, 
 he merely gives his opinion. 
 
 Of Concealment. — Concealment consists in the suppressioB 
 of any fact or circumstance, material to the risk; and the e&ct 
 of it is to avoid the policy ; for as the facts upon which the risk 
 must be estimated, generally he within the knowledge of the in- 
 sured, or of his agents, the underwriter must, in most cases,re- 
 ly on him for all necessary information, to enahle him to decide 
 upon what terms he will take upon himself the proposed risk ; 
 and he computes the premium, and enters into the contract, in 
 the confidence that the insured, being fully informed of all the 
 circumstances relating to the intended voyage, has dealt fairly 
 with him, and has kept back nothing which it might be material 
 for him to know. The concealment, however, to affect the pol- 
 icy, must be material. But the effect .of a concealment is the 
 same, where it is the result of accident, negligence, inadvei> 
 tence, or mistake, as if it were intentional and fraudulent, in 
 either case it will be equally fatal to the contract of insurance. 
 
 It therefore behoves the insured, from motives of common pru- 
 dence, to inform himself of every fact and circunBtance, which 
 may throw the smallest light on the nature and perils of th« 
 proposed adventure : and he is bound by principles of moral hon- 
 esty, to disclose to the insurer all such circumstances, with the 
 most unreserved candor and frankness. The underwriter, as well 
 as the insured, is bound to disclose all circumstances within his 
 knowledge, in any degree affecting the risk. If, therefore, it 
 appear that, at the time he underwrote the policy, he knew that 
 the ship had arrived safe, the contract will be void as to him,amd 
 an action will lie against him, to recover back the premium. 
 
 What will be deemed a Material Concealment. — Every fact 
 and circumstance, which can influence the mind of a prudent 
 and intelligent insurer, in determining whether he will under- 
 write the policy at all, and at what premium he will under- 
 write it, is material. And a concealment so vitiates a policy, 
 that the insured will have no remedy, even for a loss arising 
 from a cause unconnected with the fact or circumstance conceal- 
 ed. So, it will make no difference, that the insured considered 
 the facts concealed, as immaterial ; if they appear to be material, 
 and the jury so decide, the policy will he avoided. If however, 
 such material fact was known to the insurer, the mere silence of 
 the insured respecting it will not avoid the policy. ' 
 
 The necessity of disclosing facts material to the risk, is not 
 limited to tlie owner of the property ; but any person acting by 
 the orders of the insured, and vi'ho is anywise instrumental in 
 procuring the insurance, is bound to disclose all he knows, to 
 the underwriter, before the policy is effected. 
 
 The time of a ship's sailing is not, in general, a circumstance 
 necessary to be communicated to the underwriters, except in 
 the case of a missing ship. Where, however, a vessel has been 
 
WHAT IS DEEMED A MATERIAL CONCEALMENT 61 
 
 a longtime at sea, it is a fraudulent concealment, if that circum- 
 stance be not communicated to the underwriter. And if it ap- 
 pear that the insured did not intend to insure until he believed 
 her to be missing, and then not until another ship, which had 
 sailed at the same time, had arrived in safety, the concealment 
 of this fact is fatal and avoids the poUcy. So, if a ship be ad- 
 vertised to be in danger, and the insured effects a policy upon 
 goods on board " ship or ships," knowing that the ship in dan- 
 ger is one of them, without stating the ship's name, this is a 
 concealment which avoids the policy. And, indeed, the ques- 
 tion might arise, whether, if the owner of the goods effects a pol- 
 icy " on the ship or ships," knowing their names, but not com- 
 municating them, this would not be tantamount to a representa- 
 tion that he does not know by what ships the goods will come, 
 and thus avoid the policy. The safer course, at least, in such 
 case, would be to communicate their names, if known, to the un- 
 derwriter. If a ship is to be employed in a service of peculiar 
 danger, this should be stated to the insurers. So, if the insured 
 receives a letter containing facts, which, if communicated to the 
 underwriter, would lead to inquiry, and produce important in- 
 formation, it ought to be shown by the insured to the underwri- 
 ter. If, however, the owner of a ship receives a letter from the 
 captain, written on her arrival in a foreign port, giving such an 
 account of her, as to render it probable that she must remain 
 there, for the purpose of being repaired, beyond the time that 
 would be necessary for her to take in her cargo, this letter need 
 not be communicated to the underwriters in effecting a policy 
 of insurance upon her, at and from the foreign port, unless infor- 
 mation on the subject be particularly called for. Probably the 
 reason of this is that every ship, upon arriving in port, has to un- 
 dergo more or less repairs, and this is known to the underwriters. 
 Many more cases might be cited, but no difficulty will ever arise, 
 if the insured will keep in view the principle of the law. The 
 underwriter on a policy of insurance enters into the contract and 
 computes the premium, in full confidence that the insured, being 
 fully informed of all circumstances relating to the intended voy- 
 age, has dealt fairly with him, and has kept back nothing which 
 it might be material for him to know. Every fact and circum- 
 stance, therefore, which can possibly influence the mind of the 
 insurer in determining whether he will underwrite the policy, or 
 at what premium, is material to be disclosed, and aconcealment 
 thereof will vitiate the policy. Even doubtful rumors, therefore, 
 respecting the safpty of the ship, ought to be disclosed And 
 such is the abhorrence in which the law, holds fraud, that if the 
 owner hears that the ship is in danger, and does not communi- 
 cate that fact to the underwriter ih effecting a policy, the policy 
 will be void, notwithstanding it afterward appears that the ru- 
 mor of the ship being in danger was false. 
 
62 EXPRESS AND IMPLIED WARRANTIES. 
 
 What Things need Not he Disclosed. — The insured need not 
 disclose what the underwriter knows, or ought to know ; such 
 as, the difficulties of the voyage, the variation of the seasons, 
 the situation and character of the various ports, the usuage of 
 trade, &c. Neither is it necessary to state general topics of 
 speculation. It is sufficient to communicate yacis, without stat- 
 ing the apprehensions produced by them. It is also a rule, that 
 it is unnecessary to make any communication or disclosure of that 
 which the insured undertakes, by a warranty, express, or impli- 
 ed. Although there are, therefore, different degrees of seawor- 
 thiness, which, if known, may affect the rate of premium, yet it 
 is not necessary that there should be any representation as to the 
 state or condition of the ship, previously to the effecting of the po- 
 licy ; because, in every contract of insurance there is an implied 
 warranty that the ship is seaworthy. So, the insured of goods 
 is not bound to make any representation as to the state of them; 
 though, if a loss happen from the bad condition of them, he can- 
 not recover for that which he has himself occasioned. So, when 
 an insurance is to be made on a homeward voyage, it seems to be 
 sufficient to make a full and true representation of the stat6 the 
 ship was in, at the time the last intelligence left her, without de- 
 tailing all her previous proceedings. The general rule is, that 
 those things only need be disclosed, which the one privately 
 knows and the ether has no reason to suspect, and which vary 
 the risk. 
 
 Of Warranties. — Warranties are of two kinds, express and 
 implied. An express warranty must be reduced into writing, 
 and form a part of the policy itself; an implied warranty is 
 that which- results, by mere operation of law, from the relative 
 character and situation of the insured and underwriters. A war- 
 ranty in a policy of insurance is regarded as a condition ; that 
 is, a stipulation, upon the strict compliance or non-compliance 
 with which the validity of the policy depends. No substantial 
 compliance with the warranty, or performance of any equiva- 
 lent act, will avail the insured, or render the underwriters liable, 
 if the express terms of the contract be infringed. It is immaterial 
 whether the purpose intended by the warranty has been answer- 
 ed or not ; whether the loss was attributable to a violation of the 
 warranty, or to any other cause ; or whether the breach of the 
 stipulation was occasioned by fraud, or negligence of the insur- 
 ed, or happened entirely without their fault ; if the terms of the 
 warranty be broken, the condition of the contract is violated, and 
 the underwriters are consequently discharged. And there is a 
 material distinction, in this respect, between a warranty and a 
 representation; though a warranty must be strictly complied 
 with, it is sufficient if a representation be fairly and substantial- 
 ly true. 
 
 Warranty of the Ship's Safety. — When a warranty is inserted 
 
WARRANTY WHEN SHIP SHALL SAIL. 6S 
 
 that the ship or goods were safe on a particular day, the war- 
 ranty is satisfied if they were in safety at any time on that day ; 
 and although the policy be subscribed on the same day, and a 
 loss has taken place before the signing, the underwriters will 
 still be liable. 
 
 Warranty that Ship shall Sail on a given Day. — The warran- 
 ty that a ship shall sail on a given day must be strictly perform- 
 ed. Thus, if a ship, warranted to sail on or before a particular 
 day, he prevented from sailing on that day by an embargo, the 
 warranty is not complied with. So, a warranty to sail on or be- 
 fore a particular day is not complied with, if the ship do not 
 completely unmoor on that day, though she then has her cargo 
 and passengers on board, and is ready to sail, and is only pre- 
 vented from doing so by stress of weather. So, if there be a 
 warranty to sail after a specific day, it is broken, and the policy 
 avoided, by sailing before the day. 
 
 The general rule is, that if a ship quits her moorings, and re- 
 moves, though only to a short distance, being perfectly ready to 
 proceed upon her voyage, and is by some subsequent occurrence 
 detained, that is, nevertheless, a sailing. It is necessary, how- 
 ever, that she should set sail by the appointed time, in a state oi 
 preparation anc^ equipment for the voyage ; and the warranty is 
 not complied with by the ship's raising her anchor, getting un- 
 der sail and moving onward, unless these acts are done as the 
 commencement of the voyage, and everything is then ready for 
 the prosecution. And if the ship should leave the harbor on the 
 day warranted, without having a sufficient crew op board, al- 
 though the remainder of the crew are engaged and ready to sail, 
 it is not a sailing within the warranty. And where a ship has 
 left the port, in an incomplete state of equipment, intending to 
 stop at some other place to obtain her clearance or necessary pa- 
 pers, to take in water or provisions, to complete her cargo, or 
 any other preliminary purpose; she cannot be considered as hav- 
 ing sailed within the warranty. 
 
 A warranty "to sail" therefore, is complied with, if the 
 ship, heing fully equipped for the voyage, break ground, Itnd get 
 under weigh by the appointed time. But in practice, there is a 
 difference of construction between the words "warranted to 
 sail," and the words " warranted to depart," on or before a cer- 
 tain day. A warranty to depart requires that the vessel be com- 
 pletely out of the port from which the voyage is to commence, 
 by the time specified. Therefore, where a ship, being insured , 
 at and frOm Memel, and " warranted to depart on or before the 
 15th of September," obtained her clearances, andset sajj on her 
 voyage before that day, but was detained within the harbor, by 
 contrary winds, till afterwards, the warranty was not complied 
 with. If the ship had been warranted to sail on or before the 
 15th of, Sentember, she would have satisfied the Warranty h" 
 
64 SEAWORTHINESS OF THE VESSEL. 
 
 the cousre adopted ; but she had not satisfied the warranty " to 
 depart," which required that she should leave the port of 
 Memel on or before the day mentioned in the warranty. 
 
 Of the Seaworthiness of the Vessel. — It is an implied warran- 
 ty in the case of apolicy on ship, goods, or freight, that the ship 
 shall be seaworthy, when she sails on (he voyage insured ; that 
 is, that she be tight, staunch, and strong, properly manned, pro- 
 vided with all necessary stores, and in all respects fit for the in- 
 tended voyage. A ship to be seaworthy, must not only be tight, 
 staunch, and strong, as respects her hull; but she must likewise 
 be furnished with all the necessary stores, and with such sails, 
 rigging and tackling, as will enable her, on the one hand, to en- 
 counter ordinary perils of the seas, and, on the other, to prose- 
 cute her voyage with reasonable expedition. 
 
 There are different degrees of seaworthiness, which, if known, 
 may affect the rate of premium. But provided the ship be in a 
 condition to encounter the ordinary perils of the intended voyage, 
 it is necessary to communicate, unsought, a circumstance which, 
 if disclosed, might have the effect of enhancing the premium. 
 
 It is not necessary that the ship should, in all cases, be sea- 
 worthy from the moment the policy attaches, and the risk com- 
 mences, but it is suiBcient if the ship, at the time the risk com- 
 mences, be in such a state as her situation then requires. If this 
 were not the case, and the owner could never recover on a pol- 
 icy of insurance, unless the ship were seaworthy, at the time of 
 her loss, it must be evident, that an insurance could seldom be 
 effected so ae to attach to, and the risk commence running on the 
 ship, while lying in port ; for seaworthiness includes an adequate 
 crew and sufficient provisions, and a proper compliment of these 
 is seldom taken on board, till the ship is on the eve of sailing. 
 The implied warranty of seaworthiness is sufficiently answered, 
 however, if th e ship be seaworthy at the time of sailing. And by 
 these words " at andfrom," in apolicy, the risk attaches while 
 the vessel is in port, though she be not seaworthy, and though, 
 at the Ijjme, she be in the dock, undergoing the requisite repairs 
 to render her seaworthy and capable of performing the intended 
 voyage. Thus, the owner of a ship brought an action to recov- 
 er back the premium paid for a policy of insurance, on the 
 ground, that, as the ship was unseaworthy when she sailed from 
 port, the policy never attached, and consequently the insurance 
 company never incurred any risk under it. Upon examining the 
 policy, it appeared, that the ship was insured " at and from" 
 the specified port, and the court thereupon decided, that by the 
 word " at " the policy attached while the vessel was in port, not- 
 withstanding she was then unseaworthy ; and that having once 
 attached, and the risk commenced, the premium could not be re- 
 covered back, though the policy was subsequently rendered void 
 by the ship's sailing in an unseaworthy condition. 
 
SEAWORTHINESS OF THE VESSEL. 65 
 
 If it be clearly ascertained that the ship, at the time of her 
 departure, was not in a condition to perform the voyage insured, 
 neither the innocence nor ignorance of the insured, nor any pre- 
 caution he may have taken to make her seaworthy, will avail 
 him against the breach of his implied warranty. Thus, where 
 the owner of a ship, previous to her sailing, caused her to be 
 completely repaired, and it afterwards appeared that she was 
 not seaworthy by reason of a latent defect, which could not have 
 been discovered by the most careful examination, it was held 
 that the policy was void. 
 
 So, where an insurance isTnade on her homeward passage, the 
 warranty that she was seaworthy at the time of her departure is 
 as strongly implied in the contract, as in the case of an insurance 
 eifected on her outward passage. And though no fraud be im- 
 putable to the insured; though he supposed, or believed, that 
 the ship was in all respects seaworthy ; though no blame be im- 
 putable to the master, or any other agent of the insured ; and 
 though the underwriters were as well acquainted with the state 
 and condition of the ship as the owner ; yet, if in fact she was 
 not seaworthy at the time of her sailing, the policy of insurance 
 will be void. 
 
 There are, however, different degrees of seaworthiness. Thus, 
 a ship may be competent to the performance of one voyage, and 
 yet not of another. So, she may be repaired and equipped in a 
 manner suitable for one season, though not for another. And 
 for the same voyage, to be prosecuted at the same season of the 
 year, different persons may entertain different opinions as to 
 what would constitute seaworthiness. So, the merchants of one 
 country or port, may furnish their ships in a particular manner for 
 a certain voyage, considering it requisite to the safety of their 
 vessels, while the merchants of another country or port would not 
 so consider it, and, consequently, would not so furnish them. 
 Whether or not a vessel were seaworthy at the time she sailed 
 is, therefore, a question for the jury to decide ; and in forming 
 an opinion they should take into consideration the nature of the 
 voyage, the season of the year, and the custom of the port to 
 which she belongs, for it is to be presumed that the underwri- 
 ers had them in view, when they insured the vessel. 
 
 Of course, in deciding the question of seaworthiness, the sit- 
 uation of the ship, at the time of her loss, must be considered. 
 Thus, seaworthiness in port, or for temporary purposes, such as 
 mere change of position in the harbor, or proceeding out of port, 
 or lying in the offing, may be one thing ; and seaworthiness foi 
 the whole voyage quite another. So, what would be a compe- 
 tent crew for the voyage ; at what time such crew should be on 
 board; what is proper pilot ground; what is the course and 
 usage of trade in relation to the master and crew being on board, 
 when the ship breaks ground for the voyage, are all questions of 
 fact for the jury, to be decided according to the established usages 
 and customs is such cases, as testified to by experienced men. 
 c. c. 6 
 
66 SEAVrORTHLNESS OF THE VESSEL. 
 
 But though the vessel he unseaworthy, at the time of sailing, 
 yet if the defect be remedied, with the knowledge and consenS 
 of the underwriters, and a loss then happen, not occasioned by 
 such defect, the underwriters are not discharged. But if she 
 sail without a sufficient crew, and go out of her course to com- 
 plete it, without the consent of the underwriters, they are nol 
 liable for a subsequent loss. 
 
 A ship to be seaworthy, must have on board a master, officers, 
 and crew competent in point of skill, and sufficient in number to 
 navigate such a vessel upon the voyage she is destined. It is 
 not sufficient that the master is capaple of navigating her ; there 
 must also be on board a mate having sufficient theoretic and 
 practical knowledge of navigation and seamanship to take com- 
 mand in case of necessity, A vessel sailing without such a mate 
 would not, therefore, be deemed seaworthy, at least if she were 
 on a long voyage. And where the master is lost, or becomes 
 incompetent, the mate is not bound to procure a suitable person 
 for master, upon the ship's arrival in a port where such person 
 can be obtained, but may take charge of her himself during the 
 remainder of the voyage, and the insurers will not be discharged 
 thereby. 
 
 If the vessel, crew, and equipments be originally sufficient, the 
 insured is not responsible for the subsequent deficieney occasioned 
 by any neglect or misconduct of tbe master or crew. The 
 owner does not warrant the fidelity of his agents, but merely 
 their capacity and ability. Thus, in case of collision the under- 
 writers are liable, not only where it is the result of accident, but 
 where it has been caused by the fault or negligence of the mas- 
 ter and crew. And in such cases, the underwriters are liable, 
 not only for the actual damage done tbe ship insured, but also 
 for the amount paid the owners of the vessel run into, by way of 
 compromise for the damage sustained by the latter vessel. So, 
 where it appeared, that the captain, during the voyage out, be- 
 came partially insane and otherwise incompetent to manage the 
 ship ; that the mate neither obtained a person as master, at the 
 next port, nor took charge of the vessel himself, but suffered the 
 capta,in to continue in authority, and that the ship was lost by 
 reason of his incompetency ; the underwriters refused to pay the 
 insurance, on the grounds, first, that it was the duty of the mate, 
 upon the arrival of the ship in port, to procure a suitable captain ; 
 snd, second, that if this were not so, yet he ought to have taken 
 charge of the vessel himself, and his not having done so was a 
 neglect of duty on his part, which freed the insurers from all 
 liability. It was held, that the mate was not bound to procure 
 another master, as the mate of a vessel should himself be com- 
 petent to take charge of her, in case of the death or incompe- 
 tency of the captain ; and that, in this case, if from the mate's 
 ignorance of the true state of the captain's situation, or from his 
 reluctance to take the command from him, or from his neglect of 
 duly, the vessel was lost, still the underwriters were liable. 
 
SEAWORTHINESS OF THE VESSEL. 67 
 
 If a master should set sail on a voyage with a erew m such a 
 state of intoxication as to render them unfit, at the time, for the 
 proper performance of tiieir duty, and the ship should be dam- 
 aged or lost thereby, it is extremely doubtful whether the owner 
 eould recover her insurance of the underwriters, as the ship 
 could scarcely be deemed seaworthy. 
 
 It is sufficient if the ship is seaworthy at her departure, and if 
 she become unseaworthy afterwards and is lost thereby, tha 
 insurers will be liable. It must not be understood by this, how- 
 ever, that if the vessel is sea'worthy when she sails, the owner 
 is thereby freed from all further liability to keep her in a sea- 
 worthy condition, and though she is lost in consequence of his 
 negligence and want of care in this respect, the underwriters are, 
 nevertheless, liable. The owner (and by owner, we include of 
 course the master who is the agent of the owner for the purpose 
 of keeping her properly repaired and equipped during the voy- 
 age) , is bound to keep her seaworthy during the whole voyage, 
 if he can do so by the exercise of reasonable care and diligence. 
 If the ship sustain an injury in her hull, sails or rigging, or be- 
 come otherwise disabled, the injury must be repaired as soon as 
 it can be conveniently done. Tf some of the crew are lost by 
 death, desertion, or otherwise, their places must he supplied as 
 soon as practicable. And if a ship become unseaworthy from 
 any cause, and reaches a port where she can procure supplies or 
 repairs, as the case may be, and leaves the port without obtaining 
 them, and she is afterwards lost by reason of such unseaworthi- 
 ness, the insurers are not liable. If, however, the ship should 
 become unseaworthy, and the master should not know of it ; 
 or, if she receives a blow, and he judges from her subsequent 
 •conduct and sailing, that she has suffered no injury thereby, and 
 did not, therefore, have her examined and repaired at the next 
 port he reached, and she should be lost, the underwriters would 
 be liable ; though it should appear, that the loss was occasioned 
 by an injury te the hull, which if properly examined while in 
 port, might have been discovered and repaired. So, if the ship 
 become unseaworthy, but is in a quarter of the globe where 
 suitable repairs cannot be made, and she is lost thereby, the 
 underwriters are liable. So, if the ship become unseaworthy, 
 and the owner or master does not exercise reasonable care and 
 diligence to have her repaired, but her loss is not occasioned by 
 her unseaworthiness, but is dearly attributable to some other 
 cause, as to fire, &c., the underwriters are liable. In the case, 
 therefore, where a ship is unseaworthy at her departure, and is 
 last, the owner cannot recover her insurance, whether he knew 
 of the defect or not, and whether the loss was occasioned by 
 such defect or not. In the case, where she is seaworthy when 
 she sails, but subsequently becomes unseaworthy and is lost,' the 
 «wner can recover her insurance, unless it appears, that he- (or 
 
68 COMMENCEMENT AND TERMINATION OF THE R13K. 
 
 the master) knowing her to be unseaworthy, did not exercise 
 reasonable care and diligence to have her repaired, and that she 
 was lost in consequence of her unseaworthiness. 
 
 Commencement and Termination of the Risk, — Upon the 
 Ship. — The commencement and termination of the risk must 
 depend upon the words of the policy. If an insurance be "from" 
 a place, the risk does not commence till her departure from that 
 place, or, in nautical language, till the ship breaks ground. A 
 ship is said to break ground when she weighs her anchor and 
 quits her moorings, in complete readiness for sea, and it is the 
 actual and real intention of the master to proceed on the voyage. 
 And if she is afterwards stopped by head winds and comes to 
 anchor, still intending to proceed as soon as wind and weather 
 will permit, and a loss happens, the underwriters are liable. 
 Where a vessel was insured for one year from the date of the 
 policy, and if the ship should he at sea at the expiration of the 
 year, then the policy was to run until her arrival at her destined 
 port ; it appeared that a few weeks previous to the expiration of 
 the year, the ship being then in port, and having taken on board 
 her cargo, left her moorings with the intention of proceeding on 
 her voyage, and that she had sailed but a few miles when she 
 was stopped by head winds, obliged to come to anchor, and was 
 detained until a few days after the expiration of the year, when 
 she again set sail and was lost during the voyage. The under- 
 writers refused to pay the insurance on the ground that she was 
 in port at the expiration of the year, but they were compelled to, 
 the court deciding that the vessel having once set sail, with the 
 intention of proceeding on her voyage, she must be considered 
 " al sea." 
 
 If the insurance be " a< and from" a place, the risk com- 
 mences from the time of subscribing the policy, if the ship is at 
 home. When, however, a ship, which is expected to arrive at 
 a certain place abroad, is insured " at and from" that place, or 
 "from her arrival" there the risk begins from the first moment 
 of her arrivalat the place specified ; and the words "^rsZ arrival" 
 are implied and always understood in policies so worded. It is 
 to be understood, however, that the ship must once have been 
 at the place in good safety ; otherwise the policy does not attach. 
 Therefore, if she arrive there in such a slate as to be unfit to 
 lie in safety, the risk does not attach. Thus, on a policy "at 
 and from St. Michaels " it appeared, that the ship arrived there 
 in a very disabled state, and after lying at anchor above twenty- 
 four hours, in great danger from a storm, was blown out to sea 
 and wrecked; it was held, that the policy on the homeward 
 voyage never attached. 
 
 The risk on the ship usually terminates after the ship has 
 been moored twenty four hours in safety ; but she must have 
 been during that lime in good safety, in the fullest sense of those 
 
RISK trPON SHIP AND GOODS. 69 
 
 words ; for till then, the voyage is not at an end. If, therefore, 
 the ship be obliged to perform quarantine, this does not end the 
 voyage ; and, if, before the twenty-four hours are expired, she 
 be ordered to the proper place for that purpose, the risk contin- 
 ues, though she do not leave her moorings till after the twenty- 
 four hours are expired. So, if before the expiration of the 
 twenty-four hours, she should be blown to sea by a storm, the 
 risk vpould continue. If, however, the ship receives her death 
 wound before her arrival, but succeeds in reaching the port 
 of destination, and remains moored twenty-four hours in safety, 
 the underwriters are discharged. A contrary doctrine, however, 
 prevails in Pennsylvania. And it is held in that state, that where 
 a vessel in the course of the voyage, has suffered damage to the 
 amount of fifty per cent., the insured is entitled to recover for a 
 total loss, notwith^anding she has performed her voyage, and 
 been moored twenty-four hours in safety at the port of destina- 
 tion. 
 
 If a ship be insured from the West Indies to a fort of dis- 
 charge in the United States, and sails thence for Savannah ; hut 
 after making some inquiries at that port respecting the state of 
 the markets, and making some repairs, and stopping only a suf- 
 ficient time for those purposes, but without discharging any part 
 of her cargo, she sails for Boston, it was held, that the risk 
 continued till her arrival at Boston, as Boston was the port of 
 discharge, within the policy. Where however, the risk is to 
 run to a country generally, as an insurance on a ship to Jamaica, 
 it is determined by the ship's mooring twenty-four hours in any 
 port there, and does not continue till she comes to the last port 
 of delivery. 
 
 In general, the risk on the rigging, tackle, furniture, and pro- 
 visions of the ship insured, continues no longer than they are 
 attached to, ox remain on board, the ship. But where it is ne- 
 cessary to put them on shore during a repair, and this is the 
 usual practice, the risk on them continues ; and i'f they be lost or 
 damaged, by any of the perils mentioned in the policy, the in- 
 sured is liable. 
 
 Upon Goods. — Under the usual form of our policies, the risk 
 does not usually commence until the loading of the goods on 
 board the vessel. And it may be laid down as a general rule, 
 that the risk on goods continues no longer than they are 
 actually on board the ship mentioned in the policy, or in boats 
 for the purpose of being landed , and that if they be removed 
 from on board and landed, or put on board another ship, without 
 the consent of the insurers, the contract is at an end, and the 
 insurers are discharged from all subsequent responsibility. But 
 to this rule there are certain exceptions, founded in necessity. 
 As, where the ship is disabled in the course of the voyage, so 
 as id be incapable of proceeding to her port of ■destination, and 
 c. c. 6* 
 
70 DEVIATION FROM THE VOXAGE. 
 
 it becomes necessary to shift the goods insured on board anothei 
 vessel, in order to be conveyed thither. In this case, the risk 
 continues, and the insurers are liable for any loss, which may 
 happen to the goods on board the new ship. So, if it be agreed 
 that the goods shall be removed into another ship, at a particular 
 place in the voyage, and no ship being there, they are put on 
 board of a store-ship, and lost on board of her, the insurer is 
 answerable. Policies ought to be construed according to the 
 usage of trade. If, therefore, it is customary to unload by 
 means of lighters, the goods are protected, while on board such 
 lighters by the policy. The policy, however, affords protection 
 in the port of delivery, only till the goods can be conveniently 
 landed. 
 
 Deviation from the Voyage. — By deviation is here meant a 
 voluntary departure, without necessity or reasonable cause, from 
 the regular and usual course of the voyage insured. From the 
 moment this happens, the voyage is changed, the contract deter- 
 mined, and the insurer discharged from all subsequent responsi- 
 bility. 
 
 The effect of a deviation is not to vitiate or avoid the policy, 
 but only to determine the liability of the underwriters /rem the 
 time of the deviation. If, therefore, a ship, or goods, after the 
 voyage has commenced, receive damage, then the ship deviate, 
 and afterwards a loss happen ; then, in such case, though the 
 insurer is discharged from the time of the deviation, and is not 
 answerable for the subsequent loss, yet ^e is bound to make 
 good the damage sustained previously to the deviation. But 
 though he is thus discharged from subsequent responsibility, he 
 is entitled to retain the whole premium. 
 
 ' It makes no difference that the vessel afterwards resumes her 
 proper course, the contract having once been broken by the de- 
 viation, cannot be renewed without the consent of both parties. 
 So it is immaterial whether the time or distance of a deviation 
 be long or short ; whether it be for an hour or a month, for one 
 mile, or one hundred — the consequence is the same. If it is 
 voluntary, and without necessity, it puts an end to the responsi- 
 bility of the insurer. 
 
 A deviation has been stated to be, a voluntary departure, 
 without necessity, from the usual course of the voyage. By 
 the course of the voyage, is not meant the shortest course the 
 ship can take from her port of departure to her port of destina- 
 tion ; but the usual and customary track, if such there be, 
 which long usage has proved to be the safest and most conve- 
 nient. And if it is customary for vessels in the course of the 
 voyage to stop at certain places, though out of the direct line, it 
 is not a deviation. It must be shown, however, that tliecustom 
 for vtessels to stop at such places, has been long and uniform ; 
 and evidence of a few instances is not sufficient to establish such 
 
INTENTION TO DEVIATE, 71 
 
 a custom. Where, therefore, it cannot be proved to have been 
 the regular and uniform practice, it will be considered a deviation, 
 and the insurers will be discharged. 
 
 If there are several ports of discharge mentioned in the policy, 
 the ship must not invert the order of them, but must go to them 
 in the order in which they are named, unless some usage, or 
 particular necessity, intervene to vary the general rule. And 
 if the ship's ports of discharge be only mentioned generally, 
 and not specifically named in the policy, the ship must go to 
 them in the geographical order in which they occur ; and taking 
 them out of the order, unless this be warranted by usage, vfill 
 be a deviation. The ship may, however, sail for any one of 
 the places, as the voyage insured means a voyage to all or any 
 of the places named, subject to this restriction, that if thfe ship 
 should go to more than one of the places, she must visit them 
 in the order in which they stand in the policy. If a ship is 
 compelled by necessity to alter the order of the places, it will be 
 no deviation. 
 
 Where a, policy contains a clause making it lawful for the 
 ship " to touch, stay, trade, &c., at any ports or places whatso- 
 ever, without prejudice to this insurance," it is always inter- 
 preted as subordinate to the voyage insured, which is the prin- 
 cipal object of the contract. It must also be confined to some 
 purpose within the scope of the adventure, and "ports and 
 places'' mean those in the usual course of the voyage. So, on 
 a policy from and to New York, with leave to call at any of the 
 windward and leeward islands, and load or unload there, it was 
 held that the going to two of them , for a purpose unconnected 
 with the voyage, was a deviation, notwithstanding the leave. 
 It is not an implied condition in a policy on ship and freight, 
 that the ship shall not trade in the course of the voyage, if that 
 may be done without deviation or delay, or otherwise increasing 
 the risk of the insurers ; and, therefore, where a ship was com- 
 pelled to enter a port to obtain a necessary stock of provisions, 
 which she could not obtain in her usual course, and during her 
 justifiable stay in the port, so entered for that purpose, she took 
 on board bullion there in freight, which the jury found did not 
 occasion any delay in the voyage, it was held not to avoid the 
 policy. So, an idle waste of time, after a vessel has completed 
 the purposes for which she entered a port, is a deviation which 
 discharges the underwriters, for a ship must proceed on her 
 voyage, not only by the usual course, but also with all reasona- 
 ble expedition. 
 
 But an intention to deviate, however deliberately formed, is 
 not a deviation. Thus, if the ship sail from the port mentioned 
 in the policy, with an intention to call at a port not mentioned 
 in the policy, and even instructions for that purpose are given 
 to the captain, before the ship's departure, it is not such a 
 
72 WHAT WILL JUSTIFY A DEVIATION. 
 
 change of the voyage as to prevent the policy from attaching, 
 hut is merely a case of deviation, if the intention be carried into 
 execution, or be persisted in after the vessel has arrived at the 
 dividing point, that is, where she deviates from the usual course 
 of the voyage insured in order to call at such port. If in such 
 case she be lost before she arrives at the dividing point, the 
 underwriters are liable. And where a vessel sailed with the 
 intention to touch at a port not mentioned in the policy, and the 
 vessel did actually go there, the owner was allowed to show 
 that the master was compelled to put in there by necessity, and 
 such being the case, if was held to be no deviation. 
 
 If there are several tracks to the place of destination, of 
 which the captain ought to be at liberty to make his election, 
 but the insured prescribed one to him, and the ship having taken 
 that course, is lost, the insurer is discharged. 
 
 What will justify a Deviation from the Voyage. — If a devia- 
 tirm can be justified by necessity, it will not avoid the policy. 
 Biit the necessity, to justify adeviation, must boreal, inevitable, 
 End imperious. The duration and extent of the deviation, also, 
 must be warranted by the degree of the necessity ; the ship 
 must pursue the voyage of necessity, so as to get to her port of 
 d"Stination in the shortest and most expeditious manner ; and 
 a.iy wilful departure from the direct course of this new voyage, 
 or any unnecessary delay therein, will be a new deviation that 
 will discharge the underwriters, in the like manner as if it had 
 been a wilful departure from the original voyage. 
 
 Stress of Weather. — If a ship, in a storm, be driven to seek 
 refuge in a port out of the usual course of the voyage, thisshall 
 not be deemed a deviation that will determine the contract. 
 
 The Want of necessary Repairs. — The want of necessary re- 
 pairs is another excuse for departing from the direct course of 
 the voyage. If the ship from stress of weather, or any other 
 cause, be reduced to such a state that she cannot safely proceed 
 on her voyage without repairs, the captain will be justified in 
 carrying her to some port, the least out of his course, where 
 such repairs can be had. But if the ship deviate for the pur- 
 pose of repairs, this, like every other voyage of necessity, must 
 be pursued in the most expeditious manner ; and if it appear to 
 have been undertaken for any other object than repair, it will 
 not justify the deviation ; or if there he any unnecessary delay 
 in getting the repairs done, this will be equivalent to a new 
 deviation. 
 
 Succoring Ships m Distress. — A deviation for the purpose 
 of succoring a ship in distress ought not, it would seem, on 
 grounds of policy, as well as from motives of humanity, to avoid 
 the policy of insurance. A delay, or deviation at sea, however, 
 merely for the purpose of saving a ship, or her cargo, is such a 
 deviation as to discharge the underwriters. If, however, the 
 
SICKNESS OF CAPTAIN OR CREW BARRATRY. 73 
 
 deviation he for the purpose of saving the lives of the ship- 
 v»recked mariners, it would not avoid the policy. But after this 
 object is effected, if the stoppage be continued, or the risk in- 
 creased by adding to the cargo, diminishing the crew, or by 
 other means for the purpose-of saving the property found, the 
 underwriters will, probably, be discharged. 
 
 Sickness of the Captain or Crew. — If by sickness, or any 
 other cause, so many of the officers or ship's company are.disa- 
 bled from performing their duty, as to render it impossible, or 
 highly perilous, to proceed on the voyage, the ship may put in- 
 to the nearest port where medical assistance, or other hands, 
 can be procured ; and the deviation in such case will be justified 
 by the necessity. Butj»to make out such a justification, it must 
 clearly appear that this necessity arose without any default of 
 the master or owners ; and that suitable medicines and instru- 
 ments were on board. 
 
 Generally, putting into port from stress of weather — to stop 
 a leak — obtain provisions, &c, — going out of the track to avoid 
 an enemy — for convoy or other purposes — for the safety of the 
 ship or goods, being beneficial to the insurers, are justifiable. 
 
 jBarrairy. —Barratry is any fraudulent or other unlawful act 
 committed by the master or mariners of a ship, without consent 
 of the owner, and tending to his injury ; — as by running away 
 with the ship, jvilfuUy carrying her out of the course of the voy- 
 age prescribed by the owners, sinking, or deserting her, em- 
 bezzling the cargo, smuggling, or any other offence whereby 
 the ship or cargo may be subjected to arrest, detention, loss, or 
 forfeiture. Where a loss is occasioned by the barratrous acts 
 of the master or mariners, the insurers are not liable, unless 
 barratry is specially insured against in the policy. It is usual 
 for the underwriters to insure barratry, and the insured should 
 examine the policy to see that it contains a clause to that effect. 
 If, however, the captain be the insured , no agreement on the part 
 of the insurers can make them liable for barratry committed by 
 himself; but they may be liable in such case for the barratry of 
 the sailors in which he has no part. It is the duty of the owner 
 to prevent, as far as he may, the misconduct of the master ; and 
 if the former appear to have acted with gross negligence, the 
 underwriter is not liable. 
 
74 GENERAL AVERAGE. 
 
 CHAPTER III. 
 
 General Average ; Contribution in Cases where the same Person owns 
 the Ship, Carffo, and Freight. — Who must Claim the Contribution"- 
 Contributory Value of the Ship, Cargo, and Freight. — The Place of 
 Adjustment. — Of Total Losses and Abandonment. — When an Aban- 
 donment is Allowed of the Ship, Goods, and Freight. — Within what 
 Ume Abandonment must be made." — Notice of Abandonment. — Of 
 Partial Losses and Adjustment of the ,Ship, Goods, and Freight.— 
 Return of Premiumi 
 
 General Jlverage. — General average signifies the contribution 
 to which the owners of the ship, goods, and freight, become 
 liable one to another, on the sacrifice of a part of the ship, or 
 cargo, for the preservation of the whole, in a case of general 
 danger. The principles of general average onght to be exam- 
 ined in a work on insurance, because the underwriters are liable 
 to pay the insured the proportion of the contribution, assessed 
 upon the amount insured, in cases where the loss is occasioned 
 by some peril insured against. 
 
 To constitute a claim to general average, there must be a 
 voluntary and premeditated sacrifice of part for the preservation 
 of the whole ; in which case, all who are benefited by the sacri- 
 fice must contribute to the loss, in proportion to their several 
 interests. The ordinary instances of this species of sacrifice are 
 the throwing overboard of part of the cargo, or the ship's stores, 
 the cutting away of the ship's masts, cables, boats or rigging, or 
 other designed and voluntary sacrifice. The sacrifice must be 
 voluntary, and made on an occasion of imminent danger. It 
 must not be the result of a panic terror, but an act of prudence 
 to avoid a real danger ; it is not indeed necessary, for prudence 
 generally will not permit, that the master, should wait till the 
 very last extremity. The most usual foundation of general 
 average is the case of jettison, when goods are thrown over- 
 board to lighten the ship, which may be necessary in a case of 
 storm, or when the vessel is chased by an enemy, or has acci- 
 dentally run aground, &c. Where jettison is made for the pur- 
 pose of preventing an approaching danger, and there is time to 
 deliberate whether the jettison ought to be made, in what man- 
 ner, and of what things, it is best for the captain to take the ad- 
 vice of the other officers and perhaps the crew. Of course, this 
 cannot be done, where the danger is imminent, and requiring 
 immediate action. If the owner of the goods be present and 
 refuse his assent, the master may proceed, in so extreme a case, 
 without his permission. In selecting the articles which should 
 be thrown overboard, those which are the least neccessary, the 
 heaviest, and the least valuable, seem to be properly taken first. 
 But this must be iregulated by the prudent choiceof the captain. 
 
SENERAL AVERAGE. 7S 
 
 according to the necessity of the case. The damage done to a 
 ship and cargo in effecting a jettison, in consequence of the ne- 
 cessity of cutting holes in the ship, or opening the hatches to> 
 effect a jettison, is said, also, like the jettison, itself to form a 
 subject of average contribution. And not only jettison, but 
 other sacrifices analogous to it, and extraordinary expenses in- 
 curred for the general preservation of the ship and cargo, will 
 also lay a foundation for an average claim. Thus, the loss of 
 a cable, cut away by the master in a storm, as the ship was en- 
 tering a harbor in order to fasten her to the pier and prevent 
 collision with another vessel, was held to be a proper subject of 
 general average. So, wl\en the captain, in a case of collision, 
 was obliged to cut away part of the rigging, and the ship being 
 thereby unable to prosecute the voyage, or even keep at sea, he 
 returned to port to repair the damage sustained ; here the 
 freighters were held liable to contribute to the expense of the 
 repairs, and of unbading the ship for the purpose of making 
 them, so far as they were absolutely necessary to enable the ship 
 to prosecute the voyage, but no further, as any repairs beyond 
 those necessary for the prosecution of the voyage must be for 
 the benefit of the ship-owner, and a charge upon Jiira only. 
 Sails, ropes, and other materials cut up and used at sea for the 
 purpose of stopping a leak occasioned by a storm, or to rig jury 
 masts on a like occasion, or for other extraordinary purposes of 
 a similar nature, which the general safety may require, are con- 
 sidered as proper subjects of general average. In the case of 
 a sale of part of the goods, by the master, in a foreign port, into 
 which the ship was obliged to be brought in distress, for the 
 purpose of defraying the expense of the repair, this appears to 
 be a fit subject of general average ; the sale heing made in a 
 case of necessity, and the master having no other means of rai- 
 sing money, — although the underwriters on goods are not liable 
 for goods so sold. Among the expenses which, on the occasion 
 of an extraordinary sacrifice, may occur, as raising a claim to 
 average contribution, or pilotage, which may become due on 
 putting into a port of distress ; the expense of unloading the 
 cargo, either for the purpose of repairing the ship or of floating 
 her when she accidentally gets aground ; the expense of getting 
 the ship off the ground ; the hire of extra hands to pump the 
 ship, after having sprung a leak in a storm ; the extra charges 
 incurred on putting into a foreign port in distress ; the sum 
 awarded or agreed to be paid to ships, boats, pilots, &c., for 
 bringing a .ship, when at sea in distress, into port ; or for un- 
 loading the ship and getting her off the ground when forced on 
 shore. So, if goods be put on board a lighter, to enable the 
 ship to sail over a bar into a harbor, and the lighter perish, the 
 owners of the ship and the remaining cargo are to contribute 
 But if the ship be lost, and the lighter saved, the owners of the 
 goods preserved are not to contribute. 
 
76 GENERAL AVERAGE CONTRIBUTIONS. 
 
 . On the .other hand, no claim to average contribution can arise , 
 first, where the goods thrown over as a jettison, are goods stow- 
 Bd on declc ; and as a general rule underwriters are not answer- 
 able for property stowed on deck. It would seem, however, 
 that the owner of goods stov^ed on deck, would be liable to 
 contribute in a case of general average. Or, secondly, when 
 the whole adventure was never in jeopardy, and the sacrifice, if 
 it can be so called, was not made for the general benefit. Or, 
 thirdly, when the loss or damage was the immediate effect of 
 some peril, or accident, and npt a voluntary sacrifice for the 
 general safety ; to which class may be referred all loss or dam- 
 age done to the ship, or goods, by tempest, collision with other 
 ships, enemies, pirates, or other perils, as well as all loss or 
 damage incurred by the ship's tackle, in the course of its appli- 
 cation to the purposes for which it is intended ; and all those 
 charges and expenses which belong peculiarly to the character 
 of the ship-owner, and ought to fall upon him alone. Thus, 
 where the hausors and towing ropes were broken from thevio- 
 lence of the storm, or in consequence of collision with another 
 vessel, it was held their loss could not be made the subject of 
 contribution ; since these ropes were not sacrificed by the mas- 
 ter, but broken in the course of their application to the ordinary 
 purposes for which they are provided. Nor is the damage done 
 to a ship by standin? out to sea with a press of sail, in 
 order to avoid an impending peril of being driven on shore and 
 stranded a subject of general average, even though in csnse- 
 quence of the exertion thus made the ship is much strained, the 
 seams opened, and the ship otherwise much injured. It is 
 only a common sea risk, and no injury occasioned by mere sea 
 damage can be the proper subject of general average. Or, 
 fourthly, no claim to general average can arise, unless the sacri- 
 fice produced the desired eifect of saving the ship and cargo. 
 Thus, in a case of jettison, if the ship be not saved by the jetti- 
 son, but perish in the storm, no contribution shall be made. 
 But if the ship, being saved by the jettison, be afterwards wreck- 
 ed in another place, the goods saved from the wreck, shall con- 
 tribute to the loss of that which was cast overboard in the first 
 peril. It is not, therefore, necessary, in order to found an 
 average claim, that the ship should arrive at the port of desti- 
 nation ; it is sufficient if the sacrifice be effectual at the time it 
 is made. 
 
 ^ Contribution in Cases where the same Person owns tlie Ship, 
 Cargo, and Freight. — The rule that all the different subject- 
 matters, or species of property, shall contribute in case of a 
 sacrifice made for the benefit of the whole, is not affected by 
 the fact, that the various species of contributory property are 
 owned by the same person. Thus, if a person were the owner 
 of the ship, cargo, and of course the freight, and he should in- 
 
CONTRIBUTORY VALUE OF SHIP, CARGO, AND FREIGHT. 77 
 
 Bure the ship at one office, the cargo at another, and the freight 
 at a third ; and a mast should be cut away,' or any other injury 
 done to the ship, for the safety both of the ship and cargo, the 
 insurers of the ship would not be obliged to sustain the whole 
 loss, but can call upon the insCirers of the freight and cargo to 
 contribute as for a general average. So, if the owner both of 
 the ship and cargo should only insure the ship, and a jettison of 
 a portion of the cargo was made during the voyage for the 
 safety of the ship and cargo, this would be a case for a general 
 average ; and the insurer of the ship must pay the owner his 
 average share of the loss on the cargo and vice versa. 
 
 Who must Claim the Contribution. — In Pennsylvania, it has 
 been decided that the insured, in a case where he has a right to 
 call on other parties for a contribution, cannot recover of the 
 underwriters the whole amount of the loss, until he has first 
 tried to recover the amount of contributions due from other 
 parties. In'New York, however, a contrary doctrine has been 
 held, and the insured may, in the first instance, recover of the 
 underwriters the whole amount of the loss, and leave them to 
 compel the other parties to contribute. Perhaps the Pennsyl- 
 vania doctrine is the best, as in cases of general average, the 
 master and owners of the ship may retain all the goods of the 
 shippers, until their share of the contribution towards the aver- 
 age is either paid or secured. 
 
 Contributory Value of the Ship, Cargo, and Freight. — And, 
 first, of the Ship. — The value at which the ship ought to con- 
 tribute, is its worth to the owner at the time-it is saved; for it is 
 in respect of safety that contribution is demanded. The true 
 amonnt is said to be, that which the hull, masts, yards, sails, 
 rigging, and stores would produce after the sacrifice is made, 
 •with the addition of the amount made good by the general 
 average contribution. The seamen's wages are exempt from 
 contribution ; and the ship's victuals and ammunition appear to 
 be also excluded. 
 
 Of the Cargo. — All merchandize conveyed in the ship for 
 the purpose of traffic contributes, whether belonging to mer- 
 chants, to passengers, to the owner, or to the master, of what- 
 ever kind, and however small be their weight in comparison to 
 their value. For the contribution is made not on account of in- 
 cumbrance to the ship, but of safety obtained. But ship provi- 
 sions, the persons of the passengers, wearing apparel, and such 
 jewels as merely belong to the person, do not contribute. The 
 market price of the goods at the place of destination should be 
 adopted as the guide for valuing either the goods remaining, and 
 which are to contribute for the loss, or the goods thrown over 
 for the general safety. 
 
 Of Freight. — Freight also forms part of the contributory 
 interest. The contributory value of the freight is the value of 
 CO. 7 
 
78 
 
 THE PLACE OF ADJUSTMENT. 
 
 the freight saved', after deducting theiefrom the seamen's wages 
 and expenses in an ordinary voyage In Massachusetts, it has 
 long been the practice, in cases of general average, to ascertain 
 the contributory value of the freight by deducting one-third of 
 the gross amount. This rule aVoids the embarrassment of nice 
 calculations about small items, which it would in some cases be 
 difficult to make with any exactness. 
 
 The Place of Adjustment. — The place at which the average 
 is to be adjusted is, in general, the place of tho ship's destina- 
 tion or delivery of her cargo. Convenience appears to require 
 that this rule should be adopted, not only because the master is 
 then better able to aseertain the contributory value of the goods, 
 but because he will then exercise his right of lien, and not part 
 with the possession of the goods, until the sum contributable 
 has been paid, or secured to his satisfaction. But accidents 
 may happen, which may cause a contribution before she reach 
 her destined port. Thus, when a vessel has been obliged to 
 make a jettison, or, by the damages suffered soon after saihng, 
 is obliged to return to her port of discharge, the necessary 
 charges of her repairs, and the replacing the goods thrown 
 overboard, may then be settled by a general average. Of course, 
 in such case, the contributory value of the goods must be ascer- 
 tained by referring to the value of such goods in that port. 
 
 Of Total Losses and Abandonment. — Losses are of two 
 kinds, total and partial. The insured may recover as for a total 
 loss, not only when there has been an absolute destruction of 
 'the thing insured; but when, by the happening of any of the 
 misfortunes or perils insured against, the voyage is lost, or not 
 worth pursuing, and the projected adventure is frustrated ; or 
 when the thing insured is so damaged and spoiled as to be of 
 little or no value to the owner ; or when the salvage is very 
 high ; or when what is saved is of less value than the freight ; 
 or when further expense is necessary, and the insurer will not 
 undertake, at all events, to pay the expense. 
 
 But in such cases, where any part of the property remains, 
 the insured, in order to be entitled to a claim upon the insurance 
 company for a total loss, must, in the first place abandon, that 
 is, he must renounce and yield up to the insurers all his right, 
 title, and claim to what may be saved, and leave it to them to 
 make the most of it for their own benefit. The insurer then 
 stands in the place of the insured, and beeomes legally entitled 
 to all that can be rescued from destruction. The object there- 
 fore of an abandonment is to turn that into a total loss, which 
 otherwise would not be ; for the very idea of abandonment pre- 
 supposes a constructive total loss merely, and implies that some- 
 thing remains which may be saved, and which may be given up, 
 or abandoned to the insurers. The principle of law in respect to 
 the necessity of an abandonment, is this, that where the 
 
TOTAL LOSS AND ABANDONMENT. 79 
 
 property, though injured , is not destroyed, and the insured has 
 any legal interest which he can convey, he must abandon in 
 order to be entitled to claim for a total loss. On the other hand, 
 where there is nothing to abandon, as where the property is 
 entirely destroyed, or the owner has been legally divested of the 
 title by a lawful sale, an abandonment would be of no benefit to 
 the underwriters, and is not necessary. 
 
 The title may be thus legally divested, in certain cases, by a 
 sale of the property by the master of the ship. It is true that a 
 rnaster of a vessel, as such, has no authority to sell the vessel 
 or the cargo, unless in case of extreme necessity, and where he 
 acts with the most perfect good faith, for the interest of those 
 who are concerned in the property. Whether the case is one 
 of extreme necessity, and whether the master has acted in good 
 faith for the interest of all concerned in the property, is a ques- 
 tion for a jury to decide. And where, upon an injury happen- 
 ing to the ship, the master, in good faith, calls a survey, and 
 the persons selected to make the survey, are competent in point 
 of skill and wholly disinterested, and they, after a cafeful and 
 sufficient examination of the vessel, find her materially injured, 
 and come to a fair conclusion that, from the high price of ma- 
 terials, and of labor, or the difficulty of procuring them, the 
 expense of repairing will be more than the worth of the vessel 
 , after she is repaired, and therefore they advise, for the interest 
 of all concerned, that the vessel be sold, the captain would seem 
 to be in duty bound to act in accordance with their advice. 
 Even in such a case, however, the question would still have to 
 be submitted to a jury to decide whether, upon all the evidence, 
 giving due weight to the opinion of the surveyors, they are satis- 
 fied that the sale was necessary. 
 
 It is a general rule, that, where the master is in a situation 
 to communicate with the owner or his agent, as in the case of 
 a vessel stranding on a home shore, he is not authorized to sell 
 without consulting the agent or the owners. If, however, 
 there is such an urgent necessity for the sale, as renders every 
 delay highly perilous or ruinous to the interests of all concerned, 
 the master ought not to wait till he can hear from the owner, 
 but should sell her, if he deem it best for the interest of all 
 concerned ; and, in such case, it makes no difference, whether 
 the vessel be stranded on the home shore, or on a foreign shore, 
 whether the owner's residence be near or at a distance. Where 
 the property has thus been sold from necessity, of course there 
 is nothing to abandon, and, consequently, there is no necessity 
 of any-abandonment. The proceeds of such a sale must be 
 held by the master to the use of the underwriters, it is their 
 property without any abandonment ; and if it come to the 
 hands of the insured, it may be deducted from the loss as so 
 sauch paid. 
 
80 WHEN AN ABANDONMENT IS ALLOWED, 
 
 When an Abandonment ts allowed: — Of the Ship. — The 
 right of ahandonment exists, where the vessel is captured, or 
 the owner is deprived of the free use of the ship, as in the case 
 of detention by embargoes, blockades, and arrests ; where the 
 vessel has been wrecked, and where the injury is so great, that 
 the cost of repairs would exceed half the value of the vessel. 
 The right to abandon exists whenever, from the circumstances 
 of the case, the ship, for all the useful purposes of a ship for 
 the voyage, is for the present gone from the control of the 
 owner, and the time when she shall be restored to him in a state 
 to resume the voyage, is uncertain, or unreasonably distant, or 
 the risk and expense are disproportionate to the expected benefit 
 and objects of the voyage. 
 
 Shipwreck is generally a total loss. What may be saved ot 
 the ship or goods is so uncertain, and depends so much on acci- 
 dent, that the law cannot distinguish this from the absolute 
 destruction of the whole. The wreck of the ship may remain,, 
 and may be saved, but the ship is lost. A thing is said to be 
 destroyed when it is so broken, disjointed, or otherwise injured, 
 that it no longer exists in its original nature and essence. If, 
 however, a shipwreck occurs, without material injury to the ves- 
 sel, so that she may be repaired in a reasonable time, at a reason- 
 able expense, and resume her voyage, no right of abandonment 
 attaches. ' Whether the right of abandonment exists ornot, is to 
 be judged of from all the circumstances of the case. 
 
 So, the mere stranding of the ship is not, of itself, deemed a 
 total loss, so as to entitle the insured immediately to abandon. 
 By some fortunate accident, by the exertions of the crew, or by 
 extraneous assistance, the ship may be again floated, and ren- 
 dered capable of pursuing her voyage. In such case the insur- 
 ers are only answerable for the expenses occasioned by the 
 stranding ; and, as liable for a partial loss, they must pay the 
 insured his reasonable charges for getting the ship olf, and foi 
 repairing the damages she may have received by the stranding. 
 But, undoubtedly, when by the stranding the voyage is defeated, 
 the owner may abandon. And the stranding of the ship may 
 prove the destruction of the voyage, either by her afterwards 
 becoming a wreck, before she shall be put afloat, or by circum- 
 stances accompanying the accident. A ship may be ilriven on 
 some beach without sustaming essential injury, although she 
 may be bilged ; but in good weather may be easily got off, and 
 repaired so as to prosecute her voyage ; but if she be wrecked 
 by a subsequent storm, while she remains ttranded, the ownei 
 may abandon. Or, if the ship be stranded on a part of the 
 coast, where no assistance can bo procured to get her afloat, or 
 where there may be no materials or workmen for repairing the 
 damage she may have sustained ; the voyage is then lost, and 
 the assured may abandon. ■ Or, if the ship he stranded in 
 
WITEN AN ABANDONMENT IS ALLOWED, 8! 
 
 glace where assistance, materials and workmen may be easily 
 procured, but it may be doubtful wkether the attempt to get her 
 oiF will succeed, while the expense is certain ; if the insurers, 
 on having notice, will not engage to pay the expenses of the 
 attempt, and also to repair the vessel, if the attempt should 
 succeed, the assured may abandon. So, the sttbmersion of a 
 ship may not amount to a total loss ; for she may be in a situa- 
 tion where, by the application of proper means and skill, she 
 may be raised and removed as effectually as if above water. 
 Of course, the rule as to the extent of the injury, or the amount 
 of the damage requisite to justify an abandonment were the 
 vessel afloat, would justify an abandonment in case of submer- 
 sion. The insurers, to avoid the claim for a total loss, in such 
 case, must make it appear that the ship remains a good and 
 sound vessel, capable, after reasonable repairs, of performing 
 voyages and carrying cargoes ; but whether she is so or not, 
 does not depend upon the single circumstance of submersion. > 
 
 Bat though the injured ship may be in a situation, where re- 
 pairs can be easily made, yet it is well settled in this country, 
 that if the cost of repairs will exceed one-lialf the value of the 
 vessel, then the owner may abandon to the underwriters. In 
 ascertaining whether the vessel could have been repaired for 
 less than one-half of her value, the Massachusetts and New 
 York rule is, that the valuation of the vessel as fixed by the 
 parties in the policy, is to be taken as her true value, and the 
 parties will not be permitted to show what is her real value. A 
 contrary doctrine has, however, been held bythe Supreme Court 
 of the United States ; and it has been decided by that court that, 
 in respect to the mode of ascrtaining the value of the ship, and, 
 of course, whether she is injured to the amount of half her 
 value, the true basis of the valuation is the value of the ship 
 at the time of the disaster ; and that if, after the damage is or 
 might be repaired, the ship is not, or would not be worth, at 
 the place of the repairs, double the cost of the repairs, it is to be 
 treated as a technical total loss ; and that, consequently, the 
 valuation of the vessel in the policy, or the value at the home 
 port, or in the general market of other ports, constitutes no in- 
 gredient in ascertaining whether the injury by the disaster is 
 more than one-half the value of the vessel or not. It was also 
 held, that the ordinary deduction in cases of a partial loss of 
 one-third new for old, from the repairs, is inapplicable to cases 
 of a technical total loss, by an injury exceeding one-half of the 
 value of the vessel. 
 
 By the well settled principles of law, the state ot facts and 
 not the state of the information at the time of the abandonijient, 
 constitutes the true criterion by which we are to ascertain 
 whether a total loss has occurred or not, for which an abandon- 
 ment can be made. If the abandonment, when made, is good, 
 c. c. 7* 
 
83 WHEN AN ABANDONMENT IS ALLOWED. 
 
 the rights of the parties are definitely fixed, aod do not becom 
 chcinged by any subsequent events. If, on the other hand, the 
 abandonment, when made, is not good, subsequent circum- 
 stances will not affect it, so as, retroactively, to impart to it a 
 validity which it had not at its origin. 
 
 Although the right of the insured to abandon in case of an 
 injury or damage to the vessel, must depend upon the fact of 
 such injury or damage existing at the time of the abandonment, 
 yet it is necessarily open to proofs, to be derived from subse- 
 quent events. Thus, for example, if the repairs, when subse- 
 quently made, clearly exceed the half value, it is plain that this 
 affords one of the best proofs of the actual damage or injury. 
 On the othef hand, if the subsequent repairs are far below the 
 half value, this, so far as it goes, affords an inference the other 
 way. But it is not always sufficient, in order to avoid the right 
 of the insured to abandon, to show that the injury to the ves- 
 s^ was actually repaired for a sum less than one-half her value. 
 In many cases of stranding, the state of the vessel at the time 
 may be such, from the imminency of the peril, and the appa- 
 rent extent of expenditures required to dehver her from it, as 
 to justify an abandonment ; although, by some fortunate occur- 
 rence, she may be delivered from her peril, without an actual 
 expenditure of one-half of her value after she is in safety. 
 Under such circumstances, if, in all human probability, the 
 expenditures which must be incurred to deliver her from her 
 peril are, at the time, so far as any reasonable calculations can 
 be made, in the highest degree of probability beyond half her 
 value, and if the distress and peril are such as would induce a 
 considerate owner, uninsured, and upon the spot, to withhold 
 any attempt to get the vessel off, because of such apparently 
 great expenditures, the abandonment would doubtless be good. 
 
 In Massachusetts it has been held, that, where the insured 
 refuses to repair the vessel, but abandons her and claims the 
 right to recover as for a total loss, the underwriters having 
 refused to accept the abandonment, may take the vessel into 
 their possession and repair her; and if the expense of the 
 repairs does not exceed half her value, they may restore her 
 to the insured without his consent, and thus avoid' paying for a 
 total loss. In such case, however, the underwriters must 
 repair and restore her to the insured within a reasonable time, 
 otherwise the abandonment will be good. ' A contrary doctrine 
 was held by Judge Story, who decided that as the insured, 
 after having elected to abandon the vessel and go for a total 
 loss, could not then go on and repair her without, by so doing, 
 waiving his abandonment ; so, if the underwriters after having 
 refused to accept the abandonment, should take her into their 
 possession for the purpose of repairing her, they would by that 
 act be deemed to have accepted the abandonment notwith- 
 
OP GOODS. 83 
 
 standing their refusal so to do, and be obliged to pay as for a 
 total loss. By this decision it would seem that, where the 
 insured has abandoned, and the underwriters have refused to 
 accept it, both parties, in order to preserve their rights, must 
 lie by and wait till the question, as to the right of abandonment 
 under the circumstances, be judicially determined. 
 
 The law gives to the insured and not to the underwriters, the 
 option to abandon or not. The insured is in no case bound to 
 abandon. He may in all cases, elect to repair the damage at 
 the expense of the underwriters; and if he acts Jona jirfe and 
 with reasonable discretion, it seems he would be entitled to 
 recover a full compensation, however great it may be, even if it 
 should equal, or exceed, the original value of the ship. 
 
 Of Goods. — Where the goods insured are damaged to an 
 extent exceeding one-half their value, by any peril insured 
 against, the insured may abandon, and recover as for a total 
 loss. The cargo may be abandoned, and the insured recover, as 
 for a total loss, not only where it has been completely destroyed, 
 or damaged to an extent exceeding one-half its value, but also 
 where the carrying ship receives a permanent injury during the 
 voyage, and is thereby prevented from conveying the goods to 
 the port of destination, and there is no other means of convey- 
 ance. The mere fact, however, that the carrying ship is de- 
 stroyed or disabled from proceeding on her voyage, is not suffi- 
 cient to warrant an abandonment of the cargo ; for if the cargo bs 
 not damaged to an extent exceeding one-half of the invoice val- 
 ue, it is the duty of the master, upon the ship's becoming dis- 
 abled, to procure another vessel, if it is in his power, to carry on 
 the cargo to its destined port. The general rule, as to the amount 
 of diligence the master is bound to exercise, in procuring 
 another vessel to complete the carriage of the goods, is that, 
 if he can procure another vessel at the port of distress, or at a 
 port immediately contiguous thereto, he is bound to do it ; but 
 if no vessel can be procured either at the port of distress or 
 one near at hand, the insured may abandon, and recover for a 
 total loss. But this rule, it would seem, must be taken with 
 reasonable qualifications. The master, undoubtedly, ought to 
 follow it, in cases of difficulty and doubt ; as where he would 
 be obliged to send the cargo, not to a contiguous port, but to a 
 distant place, for re-shipment, or where the transportation 
 would be difficult and hazardous. The object of the rule was 
 to furnish a guide to the master, in cases where, but for some 
 such rule, it would be difficult for him to know how to act. 
 But where it is reasonablfe that the master, taking into view the 
 nature of the voyage, and the time, expense, and risk of trans- 
 portation to the port of destination, should procure another 
 vessel to send on the cargo, and a vessel can be procured at a 
 port within a reasonable distance, though it is not geographi- 
 cally contiguous to the port of distress, he is bound to do it. 
 
84 
 
 WHEN ABANDONMENT IS ALLOWED. 
 
 And it seems he would be bound to do it, even thongh it should 
 be necessary to make use of land carriage in order to re-ship 
 the goods. It may happen that the transportation by land to a 
 convenient port, might be more safe and expedient, than a trans- 
 portation for a less distance to an open roadstead, for the pur- 
 pose of re-shipping the goods, — the roads and conveniences 
 for land conveyance might be good, while it might be difficult 
 and hazardous to transport the goods from the shore to a ship 
 beating in open sea, — in such case, the former rather than the 
 Jatter mode of re-shipment should be adopted, even though it 
 should become necessary thereby to carry the goods to a port 
 not the nearest to the port of distress. The goods may there- 
 fore be abandoned by the owner, in all cases, where they have 
 been damaged, by one of the perils insured against, to an ex- 
 tent exceeding one-half their invoice value ; or where the carry- 
 ing ship, having become permanently disabled, so that she can- 
 not proceed to the port of destination, the expense of procuring 
 some other means of conveyance would exceed the value of 
 the goods, — or, the ship being thus disabled, no vessel can be 
 procured, either at the port of distress, or at one within a rea- 
 sonable distance ; or, where the vessel, though damaged, may 
 be repaired, yet the cargo, being of a perishable nature, will 
 be irretrievably destroyed by the delay to repair. The mere 
 retardation of the voyage by a peril insured against, if the 
 vessel can be repaired in a reasonable time, unless the cargo be 
 of a perishable nature, does not amount to a total loss of the 
 cargo, so that the owner may abandon. The underwriters do 
 not warrant the lime of the voyage, but simply that the cargo 
 shall be capable of arriving at the port of destination, notwith- 
 standing any of the perils insured, against. 
 
 Of Freight. — Of course, if the cargo is lost, or if the ship 
 is lost or permanently disabled during the voyage, and the 
 cargo is thereby lost, or no vessel can be obtained to complete 
 the transportation of it to the port of destination, no freight 
 can be claimed of the owners of the cargo, and the insured 
 may recover of the underwriters the insurance on the freight. 
 So, we have seen that, if a ship sail in performance of a con- 
 tract of affreightment, though no goods be actually on board, 
 and she is lost, the owner may recover the amount of freight 
 insured. (See page 55.) But a total loss of the ship is not 
 always followed by a total loss of the freight. The master, as 
 we have seen, i.s in duty bound, if it is in his power, where the 
 ship is lost, or becomes permanently disabled during the voyage, 
 and the cargo remains, to procure another ship to complete the 
 transportation of the goods. (See page 83.) If the master 
 succeeds in procuring another vessel, and the cargo is thus 
 conveyed to the port of destination, the freight is earned, and 
 the insured has lost only a portion of the frieght, — the amount 
 
OF FREIGHT. 85 
 
 paid the other vessel, or a proportional part of the freight, ac- 
 cording to the part of the voyage not performed. If in such 
 case, the expense of sending on the cargo by another vessel 
 will exceed one-half of the freight, it is a technical total loss 
 of the freight, which will authorize the insured tp abandon and 
 recover as for a total loss ; he thus throws the risk and expense 
 of collection, and other incidental expenses, upon the under- 
 writers, and recovers the whole amount insured without delay. 
 
 If the cargo is' carried to the port of destination, and speci- 
 fically remains, though by reason of sea-damage it is utterly 
 ruined and worthless, yet the owner of the ship is entitled to 
 the full freight for the voyage, and therefore there being no 
 loss of freight, the underwriters are not liable. And if the 
 ship, being damaged so as to be obliged to put into an interme- 
 diate port for repairs, can be repaired within a reasonable time, 
 so as to be able to proceed on her voyage, tfie master has a 
 right to retain the cargo until the ship is repaired, and he is 
 thereby enabled to complete the transportation of it, and by so 
 doing he is entitled io full freight. And, in such case, the own- 
 er of goods cannot claim them at such intermediate port, without 
 paying full freight, even though the cargo is so damaged that, 
 if carried on in such a state to the port of destination, it will be 
 utterly ruined ; or, if by reason of the delay necessary to com- 
 plete the repairs, the cargo, being of a perishable nature, vvould 
 be utterly spoilt and worthless by the time it reached the des- 
 tined port — Nor will it make any difference in this respect, 
 that by such detention and retardation of the voyage, the arri- 
 val of the cargo at the place of destination will be so late as to 
 disappoint the purposes of the shippers, by the change of the 
 season, loss of markets, or otherwise. If, therefore, in such 
 cases, the master voluntarily relinquishes his right thus to retain 
 the cargo and complete its transportation, by giving it up to the 
 shippers or their agent at such intermediate port, he loses the 
 right of earning the freight on that particular cargo, by such 
 voluntary act, and not by one 6f the perils insured against, and 
 therefore the underwriters on freight are not answerable. 
 
 Where, however, the master is thus obliged to put into some 
 intermediate port, for the purpose of making necessary repairs, 
 he is to be considered not only as the agent of the ship-owners, 
 but also as the agent of all concerned, and especially of the 
 owner of the cargo. If, therefore, the cargo in such case is of 
 a perishable nature, or is so damaged, that to proceed with it 
 in its present state will endanger the ship and the cargo, and it 
 will become utterly worthless on its arrival at the port of des- 
 tination, it is the duty of the master to sell the same at such in- 
 termediate port. The owner of the ship would nevertheless be 
 entitled to full freight, and consequently would have no claim 
 upon the underwriters. 
 
86 WITHIN WHAT TIME ABANDONMENT MUST BE MADE. 
 
 Within what time Abandonment must he made. — Where the 
 insured receives intelligence of such a loss as entitles him to 
 abandon, he must give the underwriters notice in a reasonable 
 time ; otherwise they waive their right to abandon, and can on- 
 ly recover for a partial loss. When it is said that the insured 
 must abandon in the first instance, it is meant that he must 
 abandon immediately after he has had a convenient opportunity 
 of examining into the circumstances, which render abandon- 
 ment expedient or otherwise ; because it is on the result of such 
 an examination, that he is to make up his mind, whether he 
 will abandon or not It must not be understood, hovrever, that 
 the insured may delay making an abandonment for the purpose 
 of ascertaining the state of the market, and as the market falls 
 or rises, elect whether he will abandon or not. Any such de- 
 lay would amount to a waiver of his right to abandon. The 
 only delay that' can be made, if it can be called a delay, is for 
 ascertaining the nature and extent of the injury, and whether it 
 is sufficient to warrant an abandonment, without reference to the 
 state of the market. 
 
 The insured have,'in different cases, been held to have waived 
 their right to abandon by a delay of forty-^ve, thirty, nine, or 
 even five days ; where no reason could be given for the delay. 
 
 An underwriter who rejects an abandonment must also do so 
 in a reasonable time. 
 
 Mode of Abandonment. — When an abandonment is made, it 
 must apply to the whole subject of insurance ; the insured can- 
 not make an abandonment of part ; it must apply to the whole 
 of an entire subject of insurance, or it will be no abandonment. 
 On a loss taking place, the insured. cannot abandon part of what 
 is saved out of one entire subject of insurance, and retain the 
 other part Neither can an abandonment be made subject to 
 certain conditions specified by the insured, unless indeed the 
 underwriters accede to those conditions, and by their assent in 
 effect enter into a new agreement with the insured. With re- 
 spect to the precise form of an abandonment no particular one is 
 required, it is sufficient if it be express and positive. It is not 
 necessary even, that it should be in writing, though it is per- 
 haps better to do so, and to use the word " abandon." 
 
 Notice of Abandonment. — Notice r)f abandonment may be 
 given by, or to the parties to the contract, or agents in their be- 
 half. When several persons a,re jointly interested in a cargo, 
 and some of them cause a policy to be effected on the behalf of 
 themselves and others, it seems that those who cause it to be 
 effected are to be considered agents for the rest, and therefore 
 competent to give notice of abandonment. The notice of aban- 
 donment may be given to the underwriters, or their authorized 
 agents. 
 
OP PARTIAL LOSSES AND ADJUSTMENT. 87 
 
 Of Partial Losses and Adjustment. — Of course, wherever 
 the property insured is injured by any ef the perils insured 
 against, the owner may recover the amount of the loss from the 
 insurers. It is only necessary to show how such loss is ad- 
 justed. 
 
 Of Ship. — When a ship partially damaged has been repaired 
 by the owners, the practice is to deduct one-third from the cost 
 of the repairs, in consideration of the benefit which the owners 
 derive from new materials in lieu of the old. This rule is in- 
 tended to prevent nice calculations as to the amount of damages ; 
 and is adopted on account of the impossibility, in most cases, of 
 proving the actual deterioration .of the vessel by the wear and 
 tear of the voyage. It makes no difference if the vessel be new, 
 it being her first voyage ; the same rule of one-third deduction, 
 new for old, applies. 
 
 Of Goods. — The value of the goods is to be estimated ^t'- 
 cording to the invoice price, or the valuation in the policy ; and 
 the insurer is not liable for the rise and fall of the market, or 
 for a loss that may arise from the difference of exchange. In- 
 surance is a contract of indemnity against the 'perils of the voy- 
 age ; the insurer engages, so far as the amount of the prime 
 cost, or value in the policy, " that the thing shall come safe ;" 
 he has nothing to do with the market ; he has no concern in any 
 profit or loss, which may arise to the merchant from the goods ; 
 if they be totally lost, he must pay the prime cost, that is, the 
 value of the thing insured at the outset ; he has no concern in 
 any subsequent value. So, likewise, if part of the cargo, capar 
 ble of a several and distinct valuation at the outset, be totally 
 lost ; as if there be one hundred hogsheads of sugar, and ten 
 happen to be lost, the insurer must pay the prime cost of those 
 ten hogsheads, without any regard to the price for which the 
 other ninety may be sold. Whei-e an entire thing has been 
 partially injured, as, if one hogshead of sugar were partially 
 damaged, the following is the rule for calculating such a partial 
 loss. Suppose the damaged article sells at the port of delivery 
 for ten dollars, and the same article, perfectly good and sound, 
 would have sold for twenty ; 'here the article has been damaged 
 one half of its value ; the loss then is one half the prime cost, 
 (usually the invoice price,) and the underwriters, are liable to 
 that extent, &c 
 
 Of Freight. — Where the ship, by reason of any of the perils 
 insured against, is permanently injured during the voyage, so 
 that she cannot proceed, and the master is obliged to hire 
 another vessel to complete the conveyance of the cargo, here of 
 course, has been a partial loss of freight, for which the under- 
 writers are liable. So, if a part of th# cargo be lost, and the 
 ship is thereby prevented from earning her full freight, the un- 
 derwriters are liable for the deficiency. The subject has been, 
 however, already fully treated. (See pages 84, 85.) 
 
88 
 
 RETURN OP PREMIUM. 
 
 Return of Premium. — A return of premium may become due, 
 either by express stipulation, or bj tacit operation of law and 
 the usage of merchants. By express stipulation, as where a 
 clause is inserted in the policy to return a certain per centage if 
 the ship sail with convoy and arrive, — if she sail by a certain 
 time, — or discharge at a certain place, and arrive in safety, &c. 
 By tacit operation of law and the usage of merchants ; as in the 
 case of the risk not being run, or the policy becoming void. 
 And where the risk has not been run, whether its not being run 
 was owing to the fault, pleasure, or will of the insured, or to 
 any other cause, the premium shall be returned ; because a 
 policy of insurance is a contract of indemnity. The underwriter 
 receives a premium for the risk to be incurred, and if he does 
 not run the risk the consideration for the premium fails, and 
 therefore he ought to return it. 
 
 The most simple case of a return of premium is from the fail- 
 ure of the interest. When a policy is made on goods, and no 
 goods are put on board the ship, the insured may recover back 
 the premium ; for as the risk contemplated by the parties was 
 not incurred, the consideration of the contract fails. The re- 
 turn of premium for short interest, or over insurance in the case 
 of a valued or open policy, rests upon the same foundation. 
 This occurs where a part only of the goods embraced in the 
 policy is put on board ; a corresponding portion of the premium 
 must then be returned. But in the case of a valued policy, it 
 all the goods to which it was intended to apply, though not be- 
 ing of the value, were put on board, there can be no return ot 
 premium for short interest, because the entire risk attached. 
 
 When the risk embraced by the policy is entire, and has once 
 commenced, there can be no return of the premium, or any part 
 of it. This rule applies, whether the policy is effected for a 
 certain period of time, or upon a certain voyage. Thus, where 
 the insurance is for twelve months, at a certain rate per month ; 
 and the risk ceases at the end of two months, there can be no 
 apportionment or return of premium. Thus, we have seen, 
 that a policy of insurance effected on a vessel " at and from" 
 a certain port, attaches and commences running while the vessel 
 lies in that port ; and that the risk having thus commenced 
 running, the insured cannot recover back the premium, though 
 the policy was subsequently rendered void by the ship's sailing 
 in an unseawcithy condition. (See page 64.) 
 
INLAND INSURANCE AND COLLISIONS. 89 
 
 CHAPTER IV. 
 
 INLAND INSURANCE, AND COLLISIONS. 
 
 Inland Insdrance. — By this term is meant, the insurance of 
 vessels of every description, at risk on our rivers and inland 
 waters. The principles of law applicable to it, are the same as 
 those which govern Marine Insurance. It makes no difference, 
 whether the property insured is a steamhoat or a sailing vessel, 
 as it has been decided that the laws of marine insurance govern 
 and regulate the insurance of steamboats as well as of sailing- 
 vessels, — of vessels employed on our inland waters as well as of 
 those engaged in foreign trade. Persons, therefore, procuring 
 insurance upon any species of property, at risk on our rivers and 
 lakes, must refer to the subject of marine insurance in order to 
 ascertain their rights and duties. There are, however, a few 
 cases of inland insurance, which it may be useful to state, and 
 which will, therefore, be inserted in this chapter. 
 
 By a decision in Tennessee, it seems that it is not customary 
 to lash flat boats, descending the Mississippi, laden with produce, 
 to a steamboat to be towed, and that it is a violation of the con- 
 tract of insurance to do so. 
 
 An action was brought to recover the insurance effected on 
 some tobacco, shipped on board a flat-boat in Smiths County to 
 be conveyed to New Orleans. At the trial, it appeared that the 
 boat, being run into, during her passage, by a Steamboat, put 
 into Vicksburg ; and that while there the master caused her to 
 be examined, and thinking that she might be towed with safety 
 to New Orleans, procured a steamboat for that purpose. On the 
 passage to this latter city the flat-boat was lost. It was held to 
 be a deviation to lash a flat-boat to a steamboat to be towed, and 
 the insurers were therefore discharged. The Court said that, 
 if, after the occurrence of the accident, if had been deemed 
 necessary to tow the boat to the first convenient landing, or port, 
 foi the purpose of reparation, or reshipment, it would have been 
 very proper, and would not have amounted to a deviation. But 
 that, in this case, the flat-boat having, afler the accident, sailed 
 into Vicksburg, the master, if the boat was unable to proceed 
 on her voyage, ought to have repaired her, or else procured 
 some other vessel to complete the carriage of the cargo ; and 
 that his procuring a steamboat to tow his vessel to New Orleans 
 was such a violation of the contract of insurance, as to discharge 
 the insurers from their liability thereunder. 
 
 It is a, deviation for steamboats, while on their passage, to 
 take vessels in tow, unless authorized in the policy of insurance, 
 or by a long established usage, so general, and so well known, 
 C. c. 8 
 
90 INLAND INSURANCE AND COLLISIONS. 
 
 that it is fair to presume the parties contracted inreference to it ; 
 and if they do so, the insurers will be thereby discharged. 
 
 An insurance was effected on the steamboat Fort Adams, 
 against the adventures and perils of the river, of fire, and all 
 other perils, losses and misfortunes, that might happen in the 
 navigation from port to port. The- steamboat, while on her 
 passage to New Orleans, loaded with cotton, took m tow a brig, 
 and was .afterwards lost. It was held, that taking the brig in 
 tow amounted to a deviation, and that the insurers were there- 
 by discharged. For the same reason, the insurers were not held 
 liable under a policy of insurance effected on the cargo. 
 
 The loss of a steamboat, occasioned by the explosion of her 
 boiler, is covered by a policy containing the usual marine risks. 
 A policy on ships covers losses arising from accidents to the 
 power which moves them, and, it must be presumed, that the 
 parties contemplated the same protection to a steamboat, when 
 the loss occurs to her machinery. 
 
 In Ohio it has been decided, that the insurers are not liable 
 for the expense of delay, wages, and provisions of the crew of a 
 steamboat, while detained for repairs, though the crew are em- 
 ployed in making the necessary repairs. 
 
 An insurance of the body, machinery, tackle, and furniture of 
 a steamboat, covers the costs of repairing any injury to either 
 within the policy, and the expense of towing her to the nearest 
 port for repairs. 
 
 Where fire is one of the enumerated risks in a policy on a 
 steamboat, a loss by fire will charge the underwriters, though 
 occasioned by the negligence of the officers or crew. 
 
 So, where a steamboat was lost by the explosion of the boiler, 
 arising from the negligence of the master, and other agents of 
 the insured, it was held that the insurer^ were liable. 
 
 A distinction must, however, be taken, between losses which 
 arise from a want of capacity and skill in the officers, and' those 
 which are the result of mere negligence. For losses occasion- 
 ed by the former cause, the insurers are never lia,ble. 
 
 The insurers would not be liable for a loss occasioned by the 
 negligence of the master or crew, where such negligence was so 
 gross. as to raise the presumption of fraud, which would amount 
 to barratry, unless the policy expressly insures against barratry. 
 
 COLLISIONS. 
 
 Collisions of Ships. — A learned judge has said, that there 
 are four possibilities under which an accident of this sort may oc- 
 cur. In the first place, it may happen without blame being im- 
 iputable to either party ; as where the loss is occasioned by a 
 storm, or any other vis major. In that case, the misfortune must 
 be borne by the party on whom it liappens to light; the other not 
 being responsible to him in any degree. Secondly, a misfortune 
 
COLLISION. 91 
 
 of this kind may arise where both parties are to blame ; -where 
 there has been a want of due diligence or of skill on both sides. 
 In such case, the rule of law is, that the loss may be apportion- 
 ed between them, as having been occasioned by the fault of both 
 of them. Thirdly, it may happen, by the misconduct of the suf- 
 fering party, and then the rule is, that the sufferer must bear his 
 own burden. Lastly, it may have been the fault of the ship 
 which ran the other down ; and in this case, the injured party 
 would be entitled to an entiie compensation from the other. 
 
 There are certain nautical rules by which, in most cases, the 
 question of negligence is decided. Thus, if a vessel is going 
 close-hauled to the wind, and another meeting her is going free, 
 the rule of the sea is for the latter vessel to go to the leeward ; 
 and although such vessel may either go to the leeward or wind- 
 ward, as she best can, yet she ought, as a general rule, to 
 suppose that the vessel going to the windward will keep her 
 position. If two vesseJs are beating to windward on opposite 
 tacks, it is the duty of the vessel on the starboard tack to con- 
 tinue her coarse, and that on the larboard to give way ; and 
 when both vessels have the wind large, or abeam, and meet, 
 they should pass each other on the larboard hand, to effect 
 which the helm must be put to port. 
 
 These rules do not apply where one of the vessels is a steam- 
 boat ; for steamboats, from their greater power, ought always 
 to give way. A steamboat is considered as always sailing 
 with a fair wind, and is therefore bound to do whatever a sail- 
 ing vessel, going free, (or with a fair wind) would be required 
 to do, under similar, circumstances, in relation to any vessel she 
 may meet. A steamer which, going in a fog with unabated 
 speed, in a track frequented by coasters did not, when hailed, 
 ■order her engines to be stopped, and a collision ensued, was 
 held liable to the amount of damage and cost. In England, a 
 rule is established, that when steamboats on different courses 
 must unavoidably or necessarily cross so near that, by continu- 
 ing their respective courses, there would be risk of coming into 
 collision, each vessel shall put her helm to port, so as always to 
 pass on the larboard side of each other. 
 
 But although there may be a rule of the sea, yet a man who 
 has the management of one ship, is not allowed to follow that 
 rule, to the injuring of the vessel of another, when he could 
 avoid the injury by pursuing a different course. 
 
 Where a sailing vessel, which was towed by a steamboat on 
 the Mississippi River, ran into another vessel, through the 
 negligence of the master of the steamboat, the owner of the 
 sailing vessel was held not liable for the damage sustained by 
 thje other vessel. The collision, in such case, is as directly 
 attributable to the steamboat as if she herself had come into 
 collision with the other vessel. The towed ship is the passive 
 instrument and means, by which the damage is done. 
 
92 
 
 COLLISION. 
 
 A vessel at anchor in a navigable river, or port of much com- 
 > merce, ought always to have a light hung out conspicuously in 
 dark nights. 
 
 The vessel to windward is to keep away when both vessels 
 are going the same course in a narrow channel, and there is 
 danger of running afoul of each other. In a river, if a light 
 vessel is going free, and a loaded vessel is coming close-hauled 
 to the wind, it is the duty of the loaded vessel to keep her 
 course, and of th? vessel going free to bear away. 
 
 In New York, every boat navigating the canals at night, is 
 required to carry conspicuous lights on its bow. 
 
 When boats meet on the canals, it is the duty of the master 
 of each to turn out to the right hand, so as to be wholly on the 
 right side of the middle of the canal. 
 
 A neglect of due means to check a vessel entering a river 
 or harbor where others lie at anchor, is a fault which creates re- 
 sponsibility for damages which may ensue. 
 
 But if a vessel anchors in an improper place, as in the 
 thoroughfare pass of a river, her owner must abide the conse- 
 quences of a collisioii. 
 
 An order to put a steamboat under headway, under her usual 
 press of steam, just as she is entering a narrow channel, at 
 night, when it is difficult to distinguish objects, amounts to 
 gross neglect. 
 
 CHAPTER V. 
 MERCHANT SHIPPING. 
 
 CHARTER-PARTY. 
 
 A Chakter-I'Arty is a contract for the letting of the whole or 
 part of a ship to a merchant, called the freighter or charterer, for 
 the conveyance of goods for one or more voyages, and is either 
 under seal or in writing only. 
 
 But a memorandum of a charter party, or heads of agreement for 
 the formation of one, are as common between the ship-owner and 
 freighter as charter-parties themselves; and are equally as binding 
 as if a more formal instrument had been executed. 
 
 1. The Usual Stipulations. — Charter-parties on the part of the 
 owner or master, are, that the ship shall be tight and staunch, that 
 is, seaworthy, and in a condition to carry the goods ; that she shall 
 be furnished, with all necessaries for the intended voyage, as well 
 on her departure as in the course of the voyage ; that she shall be 
 ready by a day appointed to receive the cargo, and shall wait a 
 certain number of days to take it on board ; that, after having re- 
 ceived her laden, she shall sail upon the destined voyage, with 
 
CHARTER-PARTY. 93 
 
 the first fair wind and opportunity (the dangers of the seas and ' 
 accidents excepted), and deliver the goods at the destined port, to 
 the merchant or his assigns, in tlie same condition as they vcre 
 received on board ; and further, that during the course of the voy- 
 age the ship shall he kept tight and staunch, and furnished with a 
 sufficient and competeht crew, and with all stores and necessaries, 
 to the best of the owner's endeavors. 
 
 The freighter, on his part, usually covenants to furnish a cargo, 
 and to load and unload the ship within a limited number of days, 
 (which are'called lay or running days,) after she shall be ready to 
 receive the cargo, and after arrival at the destined port; and to pay 
 the freight after the rate and at the time appointed. It is also 
 usually stipulated that the ship shall, if required, wait a further 
 time to load and unload, and (in the time of war) to sail with con- 
 voy, for which the freighter covenants to pay a rate of demurrage 
 per diem, in case ot the vessel's detention beyond her lay or run- 
 ning days. Sometimes, also, particular clauses are introduced in 
 favor of the owners, to take away their responsibility for embez- 
 zlement by the master, or other matters, for which they would 
 ■otherwise be responsible. The deed then concludes with a penal 
 clause binding each of the parties, his heirs, and executors, in a 
 j)ecuniary penalty, for the true performance ofitheir respective 
 covenants. 
 
 2. When it takes its Effect and Operation. — A charter-party 
 takes its effect and operation from the day of ils execution or deliv- 
 ery, and not from the day of its date, if different from the day of 
 •delivery, unless the contrary should appear on the face of the 
 instrument to have been the intention of the parties. 
 
 3. By whom it may te Executed. — This instrument is exe- 
 cuted by the parties privy to it, namely the shipowners or the 
 inaster,and the owners of the goods or freighters. It may be also 
 executed by an agent lawfully authorized on the part of the owner, 
 or merchant, who may covenant in his own name for performance 
 by his principal, so as by force of the deed to answer for his prin- 
 cipal's default. But if the authority of such agent arises from a 
 power of attorney, then the execution must be in the name of his 
 principal. 
 
 When the master executes the charter-party, his act will not bind 
 the shipowners, unless he have been authorized, by deed or power 
 of attorney to enter into such contract. 
 
 4. Its Construction. — It is a general rule that the construction 
 of charter-parties should be according to the principles of equitable 
 interpretation, and, therefore, where it was covenanted that the 
 ship should sail on the intended voyage with the first fair wind, it 
 was held not to mean the next wind, but such a wind as would 
 enable the vessel to perform the voyage. 
 
 Neither will a short delay in setting sail, or any trifling depar- 
 ture from the direct course of the voyage, annul the contract, and 
 leave the shipowner without consideration. Should the charterer 
 have sustained any loss thereby, or have been put to any extraor- 
 dinary expense, he is entitled to a compensation commensurate 
 thereto in a cross action. Where a ship is freighted to go in ballast 
 to a certain place ; if she do not arrive by the specified time, the 
 
 c, c. 8* 
 
94 
 
 BILL OF LADING. 
 
 freighter U discharged from his contract to furnish a cargo. So 
 where a ship is freighted to take in a lading, and on arrival at the 
 plare of shipment, the lading cannot, from political or other circum- 
 stances, be effected, the freight stipulated for is due, provided the 
 master has waited the time agreed for by t^e charter-party ; not- 
 withstanding that the ship returns in ballast, or that the master has 
 taken a cargo on board, either on his own account, or that of the 
 owners. And where the freighter has received some benefit, and 
 the owner has rendered some service to the freighter, though only 
 by the performance of part of the duty for which he' contracted, 
 he will be entitled to a remuneration, pro rata, for such part; but 
 in the case of only part performance, the freighter will be entitled 
 to recover a satisfaction in a cross action for the dainage he has 
 sustained by the imperfect performance of the contract, or its non- 
 completion. If, before the departure of the- ship, war or reprisals 
 should be declared with the state to which the ship is bound, the 
 charter-party is, ipso facto, dissolved, and neither party is liable to 
 any damages or charges. But if the ports of the state to which the 
 ship is bound be shut only for a time, by embargo or otherwise, the 
 charter-party is still valid, and neither the freighter nor owner will 
 have any claim for damage on account of the suspension of its per- 
 formance. Shotlld, however, the performance of the voyage have 
 been prevented by embargo laid by the government upon foreign 
 ships, the owner is discharged from his contract. Also, if the 
 performance of the covenant has been rendered unlawful by the 
 government of the contracting parties, the contract is dissolved. 
 The usage of trade in general, and of the particular trade to which 
 the contract relates, is also given effect to in the construction ol 
 charter-parties, provided such usage be good, and reasonable, and 
 general. But although a charter-party is construed according to 
 the principles of equitable interpretation, and that effect is given to 
 the presumed intention of the contracting parties, yet positive and 
 specific stipulations, however hard they may be, or incautiously 
 entered into, will bind the parlies. 
 
 Where, by the particular terras of the charter-party, coupled 
 with the nature of the service in which the ship is employed, an 
 intention to transfer the ownership to the charterer appears, such a 
 possession or temporary property will be deemed to be vested in 
 him as not to restrain his full and free use and employment of the 
 vessel ; and though the owner of the ship should, under such 
 circumstances, appoint the master and crew, it will not alter the case. 
 
 BILL OF LADING. 
 
 Bill of Lading is the acknowledgment given by the master 
 of a ship for goods shipped. It is a negotiable instrument. Several 
 parts or copies are made out, one for the use of the master, the 
 others for the shipper, who, by means of them, can give a title to 
 the consignee or other person lor whom the goods are destined, to 
 receive them. 
 
 When the goods are put on board, a receipt is generally given by 
 th e master ; this is afterwaids exchanged by the holder for the bill 
 of lading. It will be observed that there is a clause, as in bills of ex- 
 change drawn in sets, providing that one set being honored, the 
 
FREIGHT. 95 
 
 others are void. The bill has two objects. It fixes the amount 
 and condition of the goods received, and for which the shipmaster 
 is responsible, [See Freight,'] and conveys a title to demand 
 delivery. It may, like a fcill of exchange, be negotiated by simple 
 indorsation and delivery, which will carry a right to the goods. No 
 intimation to the shipmaster is necessary, he being bound to deliver 
 to the holder. Notwithstanding the delivery of the negotiable 
 instrument, the goods are still liable to be stopped in transitu, 
 as in the hands of a middleman before they reach the consignee. 
 [See page 53.] If the bill has been endorsed for value by the 
 consignee, or his authorized agent, the property is passed, and the 
 right to stop ceases. The right to stop is not barred by delivery of 
 the bill unindorsed to a third party, nor by indorsation without 
 value, or with knowledge on the part of the indorsee that the 
 goods will not be paid for by the indorser, and that the transaction 
 is fraudulent, nor where the indorsee has received notice of the 
 consignee's insolvency. The indorsee however is not held bound 
 to inquire into the ability of the indorser to pay for the goods, 
 and to secure him it is not necessary that he should take the bill 
 without notice that the goods have not been paid for ; it is suffi- 
 cient if he have not received notice of such circumstances as 
 rendered the bill of lading not fairly and honorably assignable. 
 Partial value will give an onerous right to a corresponding extent, 
 and to that extent bar stoppage. Where the indorsee undertook to 
 .make advances which he failed to make, it was held that a claim on 
 previous advances was no bar to the right to stop ; but where the 
 consignee, before his insolvency, and before the goods had arrived, 
 has endorsed the bill of laden to a third party as a security foi- ad- 
 vances, the equitable right of the unpaid-vendor to stop the goods 
 (although he has no strictly legal right to resume possession even 
 after the claim. is satisfied) continues, subject only to the amount of 
 such claim ; and if the indorsee holds in his hands any other pro- 
 perty belonging to the insolvent, the unpaid vendor has an equity 
 to compel him to resort to it in the first place. 
 
 FEEIGHT. 
 
 Freight, in its legal acceptation, is the money agreed to be 
 paid for the carriage of goods from their port of lading to their port 
 of discharge ; and may be made payable either for the whole or 
 part of a ship or cargo ; or for the whole or part of the voyage ; or 
 by the month, or any other stipulated period. 
 
 In considering this subject, I shall distribute it into the following 
 heads. 1st. The compulation of freight; 2dly. When the whole 
 freight is due ; 3dly. When part only is due ; 4thly. When Goods 
 are deteriorated; 5thly. The lien for freight; 6thly. By whom 
 freight is payable ; and, Tthly. To whom freight is payable. 
 
 1. The Computation of Freight. — In framing a charter-party 
 of affieightment, the burthen of the vessel, and the amount of the 
 freight, as well as the particular nature of the voyage, are of 
 material consideration. For where an entire ship, or the entire 
 part of a ship, is freighted for a gross sum, whether the burthen is 
 expressed or not in the charter-party, the g;ross sum is payable, 
 
96 FREIGHT. 
 
 although the ship should not be of the stipulated ourthen. But 
 should there be a warranty, as to the burthen of the ship, then the 
 freighter may recover damages for the ovpner's breach of warranty. 
 
 The amount of the freight is usually settled in express terms in 
 the charter-party or bill of laden, and is generally a gross sum, 
 or so much per ton, cask, bale, &c. Where the stipulated payment 
 is a gross sum for the whole ship, or for any distinct part of it, the 
 gross sum is payable, though the freighter should not be able to 
 complete his lading. If the agreement specifies payment to be 
 made for every ton burthen of the vessel, such payment Is to be 
 made according to the actual measure and capacity of the vessel, 
 and not according to the quantity of the goods laden. 
 
 If the agreement be to pay a certain sum for every ton, cask, or 
 bai^, &c freight is payable only for as many tons, &c., as have been 
 laden on board. 
 
 But where payment is to be by the ton, pipe, pack, &c., freight 
 is not payable for any of the subdivisions of a ton, pipe, pack, Stc, 
 unless it is specified in the charter-party that a proportionate 
 freight is to be paid for any less quantity than a ton, pipe, pack, &c., 
 or that the freight is to be paid at the rate of so much per ton, pipe, 
 pack, &c. 
 
 As to the payment of freight for the conveyance of living ani- 
 mals, whether men or cattle, which may die during the voyage, 
 the following distinction has been taken. If the agreement be to 
 pay freight for lading them, the owners will be entitled to freight 
 notwithstanding their death ; bot, if for transporting them, then no 
 freight is due for those that die on the voj'age. No freight, how- 
 ever, is due for an infant born during the voyage. 
 
 Where goods are to be carried at different rates of freight, the 
 proper measure of damage is to estimate the freight by means of one 
 average computation, 
 
 Where the freighter puts on board the vessel more goods than his 
 chartej'-party of affreightment specifies, the freight for the extra 
 goods is to be computed at the rate of payment fixed by the contract 
 or at the usual price for the carriage of such goods. 
 
 But where the freighter has the option to load with goods at a 
 higher price, or partly with goods at a lower rate, and partly with 
 goods at the higher price, if, after he has made his election to load 
 with goods at the higher price, he fails to furnish a complete cargo, 
 he is liable to pay the higher freight for the whole cargo. • 
 
 In general, the chance of the duration of the voyage falls upon 
 the owner of the vessel, unless the freighter stipulates to pay a 
 certain sum for every month, or other portion of the time of the 
 voyage ; in which case, the freighter is liable, at the rate of the 
 stipulated freight, for all necessary delays, which may occur by 
 winds and seas, or in harbor for repairs. If no time is fixed for the 
 commencement of the computation, it will begin frorii the day on 
 which the ship breaks ground, and will continue during the whole 
 course of the voyage, and during all unavoidable delays, not occa- 
 sioned by hostile capture, or such circumstances as entitle to 
 general average or contribution. 
 
 2dly. When the whole Freight is Due. — Freight is not due but 
 on the complete performance of the voyage, by the delivery of the 
 goods at the place of destination. And, therefore, if a ship be 
 
9T 
 
 captured or lost, no freight can be claimed. But if (he vessel be 
 captured in the course ofher voyage, without any fault on the part 
 of the owner or master, and re-captured, she will be entitled to 
 freight, if she proceed with her cargo to the place of destination. 
 
 Where a ship is freighted for an outward and homeward bound 
 voyage, at one entire sum, no freight is due till the full completion 
 of the homeward voyage. But where the freight of the outward 
 and homeward voyage is distinct, if the vessel should be captured or 
 lost on her homeward voyage freight is due for the outward voyage. 
 
 Where a ship is freighted for an outward and a homeward voy- 
 age, if the freighter should not be provided with the homeward 
 cargo, the master having waited the demurrage-days, specified in 
 the charter-party, and having made protest of the circumstance, 
 he may take on board a cargo on his own account, and yet the 
 freight will be due for the homeward voyage. But should the 
 master have loaded goods on boaid on his own account, before the 
 expiration of the daysof demurrage, the freighter will be entitled to 
 the value of their carriage, in reduction of the freight for which he 
 is liable on account of the homeward voyage. 
 
 Where a vessel is freighted from one port to another, and thence 
 to a third port, and so home to the port from which she sailed, 
 (which are called trading voyages), should she be captured or lost 
 before her return to the port from which she first sailed, no freight 
 will be due. 
 
 If part of the cargo be thrown overboard for the preservation of 
 the ship and the remainder of the goods, or if the master is com- 
 pelled to sell a part of the cargo for victuals or repairs; in these 
 cases, if the ship afterwards reach the place of destination, the 
 owners will be entitled to the value of the freight for the goods so 
 thrown overboard or sold. 
 
 Although no freight is due unless a vessel completes her voyage, 
 and delivers her cargo at the port of delivery, yet if advance 
 money has been paid, and described as such in the charter-party, 
 the freighter cannot recover it back> should the ship be lost or 
 captured in her voyage. And on the same principle it has been 
 decided that passage money, paid in advance, is not recoverable in 
 case the vessel be wrecked, or unable to prosecute her voyage. 
 
 3dly. When only part of the Freight is Sue. — Though by the 
 general rule of law, freight is not due, unless the voyage have 
 been completely performed, and the cargo delivered at the port 
 of destination, yet, in certain cases, where the qature of the service 
 is such that a partial performance is a proportion of beneficial 
 service to the freighter, or that the freighter himself, or his agents, 
 or consignee, dispense with the performance of the voyage, and 
 accept the cargo at any other place than that of its destination, the 
 ship-owners will be entitled to an apportionment of freight, or a 
 claim pro rata ilineris pera:cti. So, where, by a charter-party, 
 freight is payable at a certain sum per ton, cask, bale, &c., on 
 delivery* of the cargo, and the delivery of part is prevented by an 
 act of the consignee, or by one of the perils excepted against, freight 
 is due for the part delivered. 
 
 Where a freighted ship becomes accidentally disabled on her 
 voyage, or sufl'ers shipwreck, and but part or the whole of the 
 
98 FREIGHT. 
 
 cargo be saved, it is the duty of the master to provide or offer to 
 provide another vessel, or to refit his own, (if that can be done 
 within a convenient time,) in order to convey such, part or the 
 whole of the cargo to its port of delivery; and if the freighter 
 declines to accept such conveyance, he is liable for the whole 
 freight of the full voyage. 
 
 Where freight is contracted for monthly, or for any other stated 
 periods, and the ship is lostor captured, the ship-owner is entitled 
 to freight for the number of months which have transpired previous 
 to the loss or capture. 
 
 4thly. When Goods are Deteriorates. — When gdods are de- 
 teriorated dui'ing the voyage, the merchant is entitled to a compen- 
 sation, provided the deterioration has proceeded from the fault or 
 neglect of the master or mariners ; and of course he is not answer- 
 able for the freight, unless he accept the goods, except by way 
 of deduction from the amount of the compensation. On the other 
 hand, if the deterioration has proceeded from a principle of decay 
 naturally inherent in the commodity itself, whether active in every 
 situation, or in the confinement and closeness of a ship, or from 
 the perils of the sea, or the act of God, the merchant must beai- the 
 loss and pay the freight ; for the master and owners are in no fault, 
 nor does their contract contain any insurance or warranty against 
 such an event In our West India trade, the freight of sugar and 
 molasses is usually regulated by the weight of the casks at the 
 port of delivery here, which, in fact, is in every instance less than 
 the weight at the time of the shipment ; and, therefore, the loss of 
 freight occasioned by the leakage necessarily falls upon the owners 
 of the ship by the nature of the contract. Ditferent opinions have 
 been entertained by Valin, Pothier, and other great authorities as 
 to maritime law, with respect to the expediency of allowing the 
 merchant to abandon his goods for freight in the event of their, 
 being damaged. This question has not been judicially decided in 
 this country. " The only point," says Lord Tenderden, " intended 
 to be proposed by me as doubtful, is the right to abandon for freight 
 alone at the port of destination : and in point of practice, I have 
 been informed that this right is never, claimed in this coiintry." 
 Freight being the return made for the conveyance of goods or 
 passengers to a particular destination, no claim arises for its pay- 
 ment in the event of a total loss; and it is laid down by Lord Mans- 
 field, that " in case of a total loss with salvage, the merchant may 
 either take the part saved, or abandon." But after the merchant 
 has made his election, he must abide by it. — M'Cul. Diet., p. 6SS. 
 
 5thly. The lien jot Freight. — The payment of freight is usually 
 made an express condition of the goods in charter-parties and bills 
 of lading; and of course the ship-owner or master has a right, 
 unless there is an express stipulation to the contrary, to withhold 
 the delivery, until the freight be paid. But though the ship-owner 
 or master has a lien on goods for the freight, yet, if he is doubtful oi 
 payment, he should not detain the goods on board the ydp, but 
 should land them in some public dock or wharf, and order the dock- 
 keeper or wharfinger not to part with them, until the freighter dis- 
 charges his demand for freight and other charges. ' 
 
 Where, by the regulations of the revenue, or the operation of the 
 
BOTTOMRY AND RESPONDENTIA. 99 
 
 law, the goods are to be landed and deposited in the public ware- 
 house, until payment of the duties, the master or ship-owner may 
 enter them in his own name, and the lien will thereby be preserved 
 in the place and in the hands where the law has deposited them; 
 and that although he has not given notice to the party in whose 
 hands they are so deposited to retain for his claim. 
 
 But no lieu can exist unless freight has been earned ; and'freight 
 cannot have been earned until the goods havt been brought to the 
 place of destination, or that performance of the contract of affreight- 
 ment has been waived by the freighter or his agents. And, there- 
 fore, where the freight is prevented from becoming due by iny 
 negligence or miscc^nducWof the freighter or his agents, the shp- 
 owner has nc lien on the goods, but must seek his remedy in an 
 action for damages. 
 
 And where the hull or whole vessel is chartered, the owner of 
 the vessel can have nr lien for the stipulated freight on the goods 
 shipped; because the charterer has a co structive possession of the 
 vessel for the specified voyage, nor will the charterer's temporary 
 property be divested by the payments of the master and crew and 
 by the owner. ' But ifthe charter-party contains nothing, either in 
 its language or in its object, which can import that the charterer 
 was to exercise a temporary ownership over the ship, then tlie ship- 
 owner's right of lien is not divested. 
 
 6thly. £y whom Freight is Payable. — The Consignee, if he 
 accepts the goods, makes himself responsible for the freight, where 
 the bill of lading stipulates for the payment by the consignee ; but 
 if he refuse to pay the freight, the master has his remedy over 
 against the shipper. 
 
 7thly. To whom. Freight is Payable. — With respect to the 
 parties entitled to receive freight, it is a general principle of law 
 and equity, that the party with whom the contract is made is the 
 person entitled to it, but in the case of sale of chartered vessels, 
 the vendee of a chartered ship, sold before the commencement of 
 the voyage, is entitled to the freight. Where, however, the ship 
 has been sold during the voyage, the vendor is entitled to the 
 freight. A mortgagee who does not t?ke possession is not entitled 
 to freight. 
 
 BOTTOMRY AND RESPONDENTIA. 
 
 Bottomry is in the nature of a mortgage o§a ship, when the 
 owner borrows money to enable him to proceed on his voyage, and 
 pledges the keel, or bottom of the ship, as security for repay, 
 ment. In this contract it is understood, if the ship be lost, the 
 lender loses his whole money ; but, if it return in safety, then he 
 shall receive back his principal, and also the premium or interest 
 agreed upon, however.it may exceed the legal rate of interest. If 
 the ship and tackle be brought home, they are answerable for the 
 money lent, as well as ihe person of the borrower. But ifthe loan 
 is not upon the vessel, but upon the goods and merchandize, which 
 must be necessarily sold or exchanged in the course of the voyage 
 then only the borrower, personally, is bound to answer the con- 
 tract; who, therefore, in this case, is said to raise money on respon- 
 dentia. 
 
100 
 
 DEMURRAGE. 
 
 In this consisls the difference between bottomry and respon- 
 dentia; the one is a loan upon the ship, the other a loan upon the 
 goods. In the forjner case, the lender runs no risk, though the 
 goods should be lost; in the latter, the lender is entitled to princi- 
 pal and interest though the ship be lost, provided the goods are safe. 
 The bottomry and respondentia bonds usually express the nature 
 of the risks to which the lender is liable, and are nearly the same 
 against which the underwriter, in a policy of insurance, undertakes 
 to indemnify. These risks are tempest, fire, capture, and every 
 other casualty, except such as arise either from defects in the ship 
 or merchandize on which the loan is niade, or from the misconduct 
 of the borrower. 
 
 The respondentia interest is frequently at the rate of 40 or 50 per 
 cent., or in proportion to the risk and profit of the voyage. The 
 respondentia lender may insure his interest in the success of the 
 voyage. [See " Rights of Seaman ," pp. 87-89.] 
 
 DEMUKEAGE. 
 
 Is a compensation or allowance to be paid by the freighter to the 
 owner of a vessel, in case she is obliged to wait beyond her lay oi 
 running days to receive or unload her cargo, either before or after 
 the voyage. 
 
 The time allowed for demurrage is generally stipulated in the 
 charter-party, or bill of lading ; but where no time is fixed, but the 
 stipulation is, that the freighter shall be allowed " the usual and 
 customary time," the period allowed for the lading or discharging 
 of the cargo is regulated according to the custom of the port. 
 
 Where a bill of lading has a note on the margin importing that 
 the goods are to be removed at a certain time, otherwise a certain 
 sum per day is to be charged for delay, whoever claims the goods 
 under the bill becomes responsible for the sum. 
 
 But where the revenue laws do not require that the cargo should 
 he deposited in the bonding warehouse, tite freighter shall be sub- 
 ject for demurrage for the detention of the vessel beyond the time 
 stipulated in the charter-party, although, on account of the crowded 
 state of the docks, it is impossible for the vessel to get a berth to 
 unload, unless express provision has been made to that effect in the 
 charter-party. 
 
 Demurrage is due though the vessel is detained in the port of 
 lading or deliv§ry, by the port regulations or custom-house 
 restraints, or the unlawful seizure of the goods by the custom-house 
 officers, or the want of any necessary papers which it is the duty 
 of the freighter to provide ; it being a general rule that the freighter 
 is liable for demurrage for all delays arising in the port, occasioned 
 by any cause whatever, provided that the ship be ready to receive 
 or deliver the cargo. But where tlie condition of the charter-party 
 is, that the ship shall be unloaded and discharged within the usual 
 and customary time of ships in the port of delivery and discharge, 
 or within a reasonable time, the freighter is not liable for any 
 delay which may arise from the ordinary course of business in the 
 port or custom-house in the place of discharge, whether such 
 delay be occasioned either from the crowded state of the port, or 
 
DEMURRAGE. ' 10] 
 
 from Ihe roufine or ordinary course of business in the bonded ware- 
 liouse, or the port or custom-house of the place ot discharge. 
 
 Nor is a freighter dischar{>ed from the payment of demurrage, 
 on account that he had no Itnowledge of the ship's arrival ; for 
 neither the master nor broker is bound to give any notice thereof. 
 So, if a ship be chartered to a foreign port, and the freighter cov- 
 enant to lurnish a lading there, a prohibition by the government ol 
 the countiy to export the cargo will not discharge the freighter 
 from his liability for demurrage, unless the captain knew of such 
 prohibition before he entered the port. So a detention rendered in- 
 evitable by a physical obstacle, as where a ship was detained in pott 
 by being frozen in, is a demurrage for which the freighter is liable. 
 
 But demurrage can never be claimed against the freighter while 
 the ship is waiting for convoy, or in the case of capture and re- 
 capture, or of the hostile detention of the ship, or the hostile occu- 
 pation of the port of her destination. 
 
 The payment of demurrage stipulated to be made while a ship 
 is waiting to receive a cargo, or for convoy, ceases, in the lirst 
 case, as soon as the ship is fully laden, and the necessary clearances 
 are obtained ; and in the second, as soon as the convoy is ready to 
 depart; although the ship, in either case, happen to be detained by 
 adverse winds or tempestuous weather. And if, after having once 
 set sail on her voyage, she is driven back into port, the claim of 
 demurrage is not thereby revived. 
 
 The rate or price of compensation for demurrage is usually stip- 
 ulated in the charter-party ; but where it is not, it may be regulated 
 by the burthen of the ship, or the quantity of the goods she is 
 freighted to carry, or the damage which she is likely to sustain 
 from remaining in the port where she is detained, or the loss 
 sustained by not being able to employ her in another service, or 
 the like, and this is to he ascertained by the opinion of mercantile 
 men, conversant with such subjects. 
 
 If a chartered ship is detained beyond her days of demurrage, 
 prima facie, the sum payable for those days is also the measure of 
 compensation for the extended time. But it is open to the ship- 
 owner to show that more damage has been sustained, and to the 
 freighter that there has been less than would thus be compensated. 
 
 By the usage and custom of merchants, the word " days," used 
 abne in a clause of demurrage, mean working-days, and not 
 running days; and working or running days do not comprehend 
 Sundays or Custom-house days. 
 
 The freighter is subject for the demurrage of the outward voy- 
 age, and the consignee for such as may be occasioned by the 
 detention of the vessel for his benefit. But this, of course, can 
 refer only to cases where there is no charter-party under seal ; for 
 no other than the parties to an instrument, or their personal 
 representatives, can be sued upon it. 
 
 Freighters under, or holders of bills of lading, are liable for de- 
 murrage pro rata, that is, in proportion to their share of the cargo 
 
 [For JuTther information on the subject of Iklivery of Gooda 
 $ee pages 11, 12, 13 , 19, 43, 44.J 
 
 c. c. 9 
 
102 
 
 FORMS. 
 
 Notice of Abandonment.* (See page 86.) 
 
 To the President^ Directors 1 
 
 emd Cowpany of B — n Insurarue Co, f 
 
 Yuu will please take notice, that I, A. B., of the city of New Vork, 
 merchantj hereby abandon to you all my right, title, interest, property, and 
 
 claim in and to the ship and her cargo ; and every part and parcel of 
 
 them ; or either of them : and 1 demand of you the sum of dollars, un- 
 
 derwrillen by you on my interest in said ship and cargo, as for a total loss 
 
 New York, Jan., 1862. A. B. 
 
 Assignment of Insurance, 
 
 Know all men by these presents, That 1, the within named A. 
 
 B., for and in consideration of the sum of dollars to me paid by CD., 
 
 of , (the receipt whereof is hereby acknowledged,) do grant, sell, as- 
 sign, transfer and set over to him, the said C. D., all my right, property, 
 interest, claim and demand, in and to the within named pohcy of insurance, 
 which have already arisen or which may hereafter arise thereon, with full 
 power to use my name, so far as may be necessary to enable him fully to 
 avail himself of the interest herein assigned. 
 
 The conveyance and power herein made, and given, are intended to 
 bind myself and my legal representatives to said C. D., and his legal rep- 
 resentatives. 
 
 In testimony whereof, I have hereto set my hand, and seal, this day 
 
 of , A. D. eighteen hundred and fifty. 
 
 A.B. (L.s.) 
 
 Signed, sealed and delivered in the presence of 
 
 Assignment of a Sailor's Wages, 
 
 Knovt all men by these presents, That I, A. B., of , for 
 
 and in consideration of the sum of dollars, to me paid by C D., of 
 
 — —^ (the receipt whereof is hereby acknowledged,)do grant, sell, assign, 
 and set over to him, the said C. D., all such sum or sums of money as are 
 now due and owing to me, for wages or services on board the ship, or ves- 
 sel, called the , from the master or owner of said vessel, on ooard of 
 
 which vessel 1 served as a mariner on her voyage from Liverpool to New 
 York, which has recently terminated. And to enable the said C. D. the 
 better to recover and receive the same, I do hereby appoint him my attor- 
 ney irrevocable, with full power in my name, but at his charge, to prosecute 
 any and all persons liable therefor, and receive and recover the same, 
 and give discharge therefor. * 
 
 And I do covenant with the s^d C. D., that I have not assigned or re- 
 leased the above-named sum or sums of money to any other person or 
 persons whatever, and that I will, at his request, and at his charge, exe- 
 cute to him all and every further conveyance and assurance that may be 
 deemed necessary to enable him fully to avail himself of the benefit of this 
 assignment. 
 
 In witness whereof, I have hereunto set my hand, &c., [as above.] 
 
 A.B. (L.s.) 
 
 Sigtudy sealed and delivered in presence of 
 
 • Though no form be prescribed for this act, yet care should be taken, that 
 it be unconditional, explicit, and on sufficient ground; and, particularly, tAoi 
 the accideiU occasioniTig it be described with certainty, so as to enable an under 
 writer to determine whether he be bound to accept. — 1 John. 181. 
 
FORMS. 103 
 
 Survey of a Ship and Furniture* 
 
 Wk a. B. and C. D., ship-masters, and E. F. and G. H., shipwrights, 
 
 all resident within the of , do hereby jointly and severally declare 
 
 and attest, unto all whom it may concern, that on the day of , at 
 
 the instance of I. K., of, &c., TVe went on board and alongside the 
 
 called the , of the burthen of- — tons or thereabouts, to examine the 
 
 aaid , her hull, masts, yards, anchors, cables, rigging, running rigging 
 
 and sails, and every other store to her belonging j ana having carefully 
 
 and particularly inspected, examined and surveyed the said called the 
 
 , and her several stores, do report, that the said vessel's hull, masts, 
 
 &c.are fit, [or unfit,] to proceed to sea 5 all which we are ready to affirm 
 upon oath, when thereto required. 
 
 In witness whereof, we have hereto set our hands, &€. 
 
 Survey of Goods. 
 
 We whose names are hereunto subscribed have this day, at the instance 
 
 and request of A. B., master of the called the , and bound on a 
 
 voyage to , laden with , duly and carefully surveyed and ex- 
 amined the cargo of the said , winch has been landed and stored in 
 
 warehouses by order and direction of Mr. C, D. , of the said , 
 
 under his and the locks, and who is appointed for and by the said A. 
 
 B., the master of the said eis aforesaid : We therefore do hereby cer- 
 tify and declare, that on such survey we have carefully, examined the 
 whole of the said cargo, and find the same so much damaged, and in a 
 perishable state, as not fit by any means to be reshipped. 
 
 Given under our hands tins day of- , in the year of, &c. 
 
 Valuation of a Ship by two Shipiotigltts, 
 Wk, the undersigned, A. B. and C. D., shipwrights, residing in B— -, 
 do hereby certify and attest, that at the instance and request of E. F., we 
 viewed, inspected, examined, and surveyed the Brig called the Boston, 
 belonging to G. H. of Salem, Mass., together with her tackle, apparel, &-c., 
 and do accordingly value and appraise the said ship, with her tackle, ap- 
 parel, &c,, at the sum of . 
 
 In witness whereof we have hereunto ^et our hands, &c 
 
 Receipt for Seamen^s Wages* 
 
 Received of Captain , master of the ship- , of , the sum of 
 
 ^ in full for wages, and in satisfaction of all other claims and demands 
 
 whatsoever, on the said captain and owners, during the time of my service 
 on board the same ship, (or any other ship belonging to the same owners.) 
 Witness my hand at , this day of , 18 — . A. B. 
 
 Witness, C. D. 
 
 Letter of Attorney from a Sailor to his Wif^ to receive hi. 
 Wa^es, (Sec 
 
 I, A. B., of, &c., mariner, do constitute and appoint my loving wife, C. 
 D., my true and lawful attorney, for me, and in my name, and for my use, 
 to ask for, demand and receive, of and from all and every person and per- 
 sons whatsoever, as well all such sum and sums of money as now are, or 
 which shall or may at anytime hereafter become due and owing to me 
 for wages, from any ship or ships to which I now do or may belong; as 
 also alt and other moneys now due, or to become due and owing to me by 
 
104 
 
 FORMS. 
 
 any other ways or means whatsoever; and upon non-payment either of 
 the whole or of any part of the said pay, or other demands, [ do hereby 
 authorize Eind empower my said wife to bring a suit or suits in law^ in my 
 name, for the recovery thereof. 
 
 In witness whereof!, I have hereunto set my hand and seal this day 
 
 of— -,1850— . A.B. (L.S.) 
 
 signed^ sealed and delivered in presence of 
 
 Adjustment of General Average. [See Page 74.] 
 
 ATnount of Losses. 
 
 Goods of A. cast overboard, - $500 
 
 Dami^e of the goods of B. by 
 Ihejenison, 200 
 
 Freighl of ihe goods cast over- 
 board, 100 
 
 Price of a' new cable, anchor, 
 and mast, $300 
 
 Deduct one third, - - 100 
 
 200 
 
 Expenses of bringing the ship 
 oS the sands, --.-.. 50 
 
 Pilotaore and port duties, going 
 into the harbor and out, and 
 commission to the agent, who 
 made the disbursements, - - 100 
 
 Expenses there, . - - 25 
 
 Adjusiing thts average, - 4 
 
 Postage, ■ - - - 1 
 
 Value of articles to contribute. 
 Goods of A. cast overboard, - - §500 
 Sound value of goods of B. de- 
 ducting freight and charges, - 1,000 
 Goods of C. - - - 500 
 
 Of D. - - - - - 2.000 
 Of E - - - 5,000 
 Value of the ship, - -2,000 
 Clear freight, deducting wages, 
 victuals, &c. 800 
 
 Total oi contributory value, 11,8(J0 
 
 Total of losses, - - $1,180 
 
 Then $11,800 : 1,180 :: 100 : 10. 
 
 That is, each person will lose 10 per cent, upon the value of his interest 
 in the cargo, ship, or freight. Therefore 
 
 A. loses 
 B - 
 C. - ■ 
 
 - - 50 
 - 100 
 
 - -■ 50 
 
 1 The owners, - - 
 Total 1,180 which is the exact amount of losses. 
 
 200 
 500 
 280 
 
 Upon this calculation, the owners are lo lose $280, but they are to 
 receive from the contribution $ dli to make good their disbursements, 
 and ,glOO more for the freight of the goods tlirown overboard, or J 
 less ^2a0. 
 
 They therefore are actually to receive, 
 
 $200 
 450 
 
 A. is to contribute $50, but has lost $5(10 therefore is to receive, ■ 450 
 
 B. is to contribute $100, but has lost $200 ; Itierefore is to receive - 100 
 
 Total to be actually received, ---..--.--- 750 
 On the otiier hand, C. D, and E. have lost nothing, and are to pay as 
 before, viz ; 
 
 C. --- $50 
 
 D. .... 200 
 
 E. - . ... 500 
 
 Total to be actually paid, 
 
 $750 
 
 which is exactly equal to the total to be actually received, and must be 
 paid by, and to, each person in rateable proportion. 
 
FOKM OF CHAKTEE-PARTT. 
 
 105 
 
 CHARTER-PARTY. 
 
 [From the Mercamile and Maritime Guide, London Ed,, 1856 ] 
 
 There is nothing to prevent this contract from being verbal, but in prac- 
 tice it is always reduced to writing-, and the writlen instrument containing 
 the terms of it is cailed a charter-party It may be under seal or not. 
 
 The words or thereabouts are generally understood to mean about five 
 tons ; but in one case, where a ship was debcribed as of the burthen of 261 
 Ions or thereabouts, and the freighter undertook to find a full cargo, and 
 no fraud was imputable to the owner, the freighter was held bound to find 
 an actual lull cargo, though the ship carried 400 tons. 
 
 Goods may be packed according to the custom of the loading port, and 
 80 may form a full cargo, although it may be possible to pack them in 
 less compass. Thus, sugar may be packed in hogsheads, if such is the 
 custom, though it would take less room in tierces. 
 
 A charter-party being an agreement drawn up at the discretion of the 
 parlies, they may of course introduce any terms lliey agree upon. 
 
 The ship and freight and cargo are often bound in a penally by the 
 owners or master and the freighters respectively, for the performance of 
 their undertakings. But these clauses seem to be of no utility ; for in an 
 action for the failure of the undertakings, the plaintiff would recover to 
 the amount of the injuries he had suffered, and in no case, whatever penalty 
 might be introduced, could he recover more. 
 
 Form of a Charter Party ^ Inwards. 
 
 London, 5lh June, 1856. 
 It is this day mutually agreed between Mr, A. Gordon, owner ol the good 
 Ship or Vessel called the William, whereof J. Robinson is now Master, 
 of 223 Tons, or thereabouts, Register Measurement, now o« he'- passage 
 from London to Malta, and Messrs. Bovet ^ Co. of London, Merchants. 
 That the said Ship, being tight, staunch, and strong, and evry way fit- 
 ted for the Voyage, shall, with all convenient speed, a/?er discharging her 
 cargo of coals at Malta, sail and proceed IoConstantikopi.e, ana thence, 
 as there ordered, to Odessa, or Kertch, or so near thereunto as she 
 may safely get, and there load from the Factors of the said Merchant, a 
 full and complete Cargo of Tallow, Wood, Wheat. Seed, or other Stow- 
 age Goods or Grain, at the option of the Freighter, not exceeding what 
 she can reasonably stow and carry over and above her Tackle, Apparel, 
 Provisions, and Furniture; and being so loaded, shall therewith psoceed 
 to Falmouth or Cork, at the Master's option, for orders to discharge 
 at a SAFE PORT in the United Kingdom, Holland or Belgium, or* 
 so near thereunto asshemay safely get, upon being paid Freight as follows 
 
 From Odessa, orKERxcn. 
 
 For Ta'low, 
 
 For Wool 
 
 For Flax and Hemp of all 
 
 sorts, 
 
 For Wainscot Logs, 
 For Whe:it 
 
 To the United 
 
 To Holland 
 
 Kingdom. 
 
 or Belgium. 
 
 £ 
 
 s 
 
 d 
 
 £ 
 
 s 
 
 d 
 
 3 
 
 U 
 
 
 
 3 
 
 10 
 
 
 
 >PerTon20cwt. gross 
 
 Per Load of 20 cubic ft. 
 Per Imperial quarlrr. 
 
 Should the Vessel be ordered to' Kertch, the Charterers to have tlie op- 
 tion of sending her to a port in the Sea ofAzoftoload, on paying ten shit 
 liTtgs per ton additional freight. 
 
 Tlie Freigliter lo have tlie liberty of shipping staves as broken 
 
 stowage only, at £, 22 per Standard Mille. 
 
 cc 10 
 
106 ship's protest. 
 
 Other Stowage Goods, Seed or Grain, if any, in the customary propor- 
 tion, aecoi;ding to the London Baltic printed rates; being in full of all 
 Port-charges, and Pilota^e,aa customarj'. The Freighter engages to pro- 
 vide the necessary Mats for Dunnage. One-half the Freight to be paid 
 Cash on unloading and right delivery of the Cargo, and the remainder by 
 approved Bill at Three Months following, or in Ca^h at the Freighter's 
 option, deducting the usual interest. (The Act of God, the Queen's En- 
 emies, Fire and all and every other Dangers and Accidents of the Seas, 
 Rivers, and JNavigation, of whatever Nature and Kind soever, during the 
 said Voyage, always excepted.) Cash for Ship's use to be advanced to 
 the Master al the Port of Loading, by the Freighter's Agents, free ou 
 Commission, against his Draft for ine same on the Owners or Brokers if 
 London. Twenty running days are to be allowed the said Merchant (if 
 the ship is not sooner despatched) for loading and unloading 5 and Ten 
 Days on demurrage over and above the said lying days, at Four Pounds 
 per day. Detention by Frost or Quarantine not to be reckoned as laydays. 
 It is further agreed. That on the Ship's arrival at Odessa, or Kkrtch, 
 the Freighter's Agents shall have the option of employing her for One in- 
 termediate Voyage in the Mediterranean, paying two-thirds of the above 
 Freight if the Ship discharge at a Port in Italy or Austria, and three 
 fifths thereof if she should discharge at a Port in Frabce, thirty running 
 days to be allowed for loading and unloading. Such Freight to he paid 
 in Cash at the Port of delivery, or by approved Bills at usance on Lon- 
 don. If loaded for a French Port, the Captain is to ca'l at Malta, and 
 take fresh Clearances ahd Bills of Lading from the Shipper's Agents, who 
 are to pay the Ship's Port Dues. Penalty for Non-perforinance of this 
 agreement Eight Hundred Pounds. 
 
 The Freighter to be allowed to discharge the Ship in one of the Docks in the 
 River Thames, uponpaying two-thirds of the Dues. The Ship is to be ad- 
 dressed to Messrs Dickon §■ Co., Odessa, or to thtir Agevts at the other Forts ; 
 and to the Freighter'^s Agents, if ordered to dvicharge at any Outportinthe United 
 Kingdom, Holland, or Belgium. 
 
 Two aaditional lay days are to be alloioedj if one-third or more of the cargo 
 should consist of Wool, 
 
 Witness to both the signatures, (Signed) A. Gordon. 
 
 J. Jones. Bovet & Co. 
 
 In a charier-party on a voyage out and home, where running days are 
 allowed for " loading, discharging, and reloading," these words do not ap- 
 ply to the discharging of the homeward cargo in the United Kingdom, and 
 the oiyner is not entitled to demurrage for a reasonable time occupied in 
 discharging the cargo in the London docks. The great variety of cir- 
 cumstances occasioned by different vovages nnturally produces a corres- 
 pondent diversity in the clauses of chjirler-parties. The general condi- 
 tions of such documents, for commercial purposes, seldom, however, 
 materially varv from the above, and the Form of a Charter-party, Ov^ 
 toardst ' 
 
 SHIP'S PROTEST. 
 
 Protests relating to various Mercantile Subjects. 
 
 On the arrival of a vessel at her port of destination, it is the custom for 
 ihe master to cause an entry or note of a protest lo be made, which is 
 signed by him at the office of a notary. 
 
 It should contain some particulars" of the voyage, such as the name of 
 Ihe vessel, and of the master, the port whence she came, the time of her 
 departure, the nature of her cargo, and the date of her arrival. This cer- 
 emony is called noting a protest, or entering a uote of a protest ; and should 
 be done within twenty-four hours after arrival. 
 
SiilP PROTEST. 107 
 
 The same ceremony is also performed by a master of a vessel after any 
 extraordinary accident or injury, if the vessel should be obliged to put into 
 a port other than that of lier destination, or to return to the port whence 
 she sailed. 
 
 Ship protests are useful and Important documents, for various purposes, 
 and especially in matters connected with the adjustment of losses, in ma- 
 rine insurance, and fur reference on the calculation of general averages, 
 and ought to be prepared wiih aitention, care, and impartiality. 
 
 Whenever it happens, either from the ship or cargo being lost or injured, 
 or any other circumstance, that it becomes necessary to have a regular 
 protest made, or extended, the course to be pursued, is to cause it to be 
 prepared by a notary, from the information as to the facts, to be derived 
 from one or more of the crew, or from the Log Book, and for the master 
 and others of the crew, (generally the master, mate, and two or more sea- 
 men,) within a reasonable time after arrival, to sign and make oath to it 
 before (he notary; and it is not material to have it so extended before the 
 same notary in whose office it was noted. , 
 
 There is not any precise form generally adopted for a ship protest, and 
 in fact the mode in which it is drawn up, varies exceedingly; it generally 
 consists of two parts, the first is a statement or declaration of the facts and 
 circumstances of the voyage, and of the storms or bad weather which the 
 vessel may have encountered, or any accidents which may have occurred, 
 during the course of it; and the other is the part in which xhe appearers or 
 the notary, or both the appearers and the notary, protest, against the acci- 
 dents, or causes of the injury, and against all loss or damage occasioned 
 thereby, and at the end or foot is an attestation or certificate under the 
 hand and seal of the notary. 
 
 The protesting part is too often spun out to an unnecessary and absurd 
 length ; it is a mere form, and a few words are sufficient. 
 
 Entry or note of a Protest of a Ship {comrnon form) » 
 • Note and Entry of Ship Mary. 
 
 On this day of , in the year one thousand eight hundred and 
 
 , personally appeared and presented himself at the office of R. B., 
 
 Notary Public, C. D. master of the ship or vessel, the Mary, which sailed 
 
 on a voyage from L. on the day of last, and arrived at G. on 
 
 Ihe of instant. laden with a cargo of . And the said master 
 
 hereby gives notice of his iniention of protesting, and causes this note or 
 minute, of all and singular the premises, to be entered in this register. 
 
 C. D. 
 
 Ship Protest, {common form) in consequence of loss or darruige hy 
 Storms and Tempestuous Weather, and also by Jettison* 
 
 UNITED STATES OF AMERICA. 
 
 CON/irviONWEAUTH OF rVIASSACHUSETTS, 
 
 Suffolk, ss. City of Boston. 
 
 By this Public Instrument of Protest, be it known and made manifest 
 
 lo all whom it doth or may concern, — That on this -; day of , in 
 
 the year of our Lord one thousand eight hundred and hfty — , before me, 
 J. R. B., a Notary Public, duly commissioned and sworn, in and for the 
 County aforesaid, personally came and appeared A, B., master of the 
 
 , belonging to the port of . of the burthen of hundred tons 
 
 or thereabouts ; and with him also came C. D. mate, and E. F. and G. H., 
 
 seamen of and belonging to said , who, being severally sworn, did 
 
 declare and depose^ that the said , being laden with a cargo of — ■■— , 
 
108 SHIP PROTEST. 
 
 ihey the said appearers, made sail and departed in and willi the said , 
 
 from the port of , bound to , on the day of , in the year 
 
 one thousand eight hundred and fifty — . 
 
 That they proceeded on their voyage with fine weather and variable 
 
 winds, accompanied occasionally with rain, until the rday of ^ 
 
 when Ihcy had fresh gales from the south-west, and passing squalls, and a 
 heavy sea running, and they shipped large quantities of water on deck and 
 over all parts of the ship, the vessel plunging her bowsprit end under 
 water ; at noon being in latitude 14 degrees 22 minutes north, longitude 
 88 degrees 13 minutes east, they had [contijiue the general narrative, or 
 statement of facts, in relation to the disaster, with a particidar account of 
 tlie several losses and i-njuries sustained, with the caiises thereof fully and 
 particularly set forth.] — And they were obliged^ in order to lighten the 
 ship, and for the safely and preservation of the vessel, crew, and rest of 
 the cargo, to throw overboard a portion of the cargo, consisting of (/icre 
 describe the goods or articles voluntarily thrown overboard for the common 
 benefit of all concerned) which was accordingly done. — That they contin- 
 ued on their voyage generally with .strong squalls and iresh gales, uulil 
 
 the 1st of ; at ten a. m. the light bore east north-east, distant 
 
 three leagues ; at two p. m. took a pilot on board ; at six a. m. they got 
 
 safely moored in the harbor of . 
 
 That on the day of , the said first named deponent having ar 
 
 rived at , d!H, withm twenty-four hours thereafter, note for protest 
 
 before J. R. 6., to be extended, if occasion should require. 
 
 And the said appearers. did further severally declare Ihatthe said , 
 
 at the time of her departure from as aforesaid, was tight, staunch, 
 
 and strong; had her hatches well and sufficiently caulked and covered; 
 was well and sufficiently manned, provided, and furnished with all things 
 needful and necessary for said voyage; and that during the said voyage 
 the said appearers ajid the residue of' the crew used their uimnstendeav 
 
 ors to preserve tlie said and her cargo from damage. 
 
 And therefore the said A. B. did declare to protest, and by these pres- 
 ents he doth solemnly protest against all and every person oV persons 
 whomsoever it doth or may concern ; and doth declare that all damages, 
 
 losses, and detriments that have happened to the said and her cargo, 
 
 are, and of right ought to be, borne by the« merchants and freighters in- 
 terested, or their respective underwriters, or whomsoever else it dolb or 
 may concern, by way of average or otherwise, tlie same having occurred 
 as before set forth, and not by or through the insufficiency of the vessel, 
 the neglect of him the said appearer, or either of the manners belonging 
 to said vessel. 
 
 In witness whereof, (he said appearers have hereunto subscribed their 
 names, in presence of me the saia notary. A. B. 
 
 E. f! 
 
 G.H. 
 All which matters and things, were declared, alleged, and affirmed before 
 me the said notary. In testimony whereof, 1 have hereunto set my hand 
 and affixed my official seal. 
 (Seal.) J. R. B. Notary Public. 
 
 — • — 
 ■ Protest in consequence of a Loss by Collision. 
 
 By this Public Instrument, SfC, (similar to ship protest.) 
 That at about half past two, a. m on the 2nd of February, whilst the 
 vessel was proceeding on her said intended voyage, the oilier appearer, 
 the said C. D. being below in bed, and the said vessel being between ibe 
 Great O. and Point L., the wind being about east south-east, with mode- 
 rate weather and smooth water, the vessel running before the wind and 
 
NOTARIAL CERTIFICATE OF A SHIP*S PROTEST. 109 
 
 steering west north-west, under all sail, with a square sail and half topsail 
 set; and this appearer A. B. beings then at the helm, and this appearcr,lhe 
 said E. F, l)eing forward, he called out that he saw a light on the starboard , 
 bow, and ihey at first thought it was Point L. light, but it afterwards 
 turned out to be the light of the steamer Etna. That this appearer, the, 
 said E. F. imtnedialely went below for a light and brought a lanthorn on 
 deck, and showed the light over the starboard bow. and this appearer, the 
 said A. B. put the helm of the Anne Mary to starboard until the course 
 was altered, from west north-west to south-west, in order to avoid the 
 steamer. That after so altering their course, this appearer, the said E. F. 
 shifted ihe light from the bow to abaft the rigging on the starboard side, 
 lomakc-it better seen by the crew on board the steamer, and boih these 
 appearcrs, the said A. B. and E. F. called out to the steamer to starboard 
 her helm, and in about five minutes after the light was shown, the steamer 
 struck the Anne Miiry, and she went down in a few minutes afterwards. 
 And this appearer, the said C. D. for himself declares, and says that he 
 was below in bed, and was awoke by the said A. B. calling out ''steamer 
 ahoy," and immediately ran upon deck in his shirt and drawers, and saw 
 the Hppearer, the said E. F. holding a lanthorn on the starboard quarter^ 
 and this appearer. the said C D. had not been a minute on deck, before 
 the steamer struck the Anne Mary. And these appearers, the said A. B., 
 C. D., E, F. and G. H. for themselves declare and say. that immediately 
 after the said C. D. came on deck, the steamer struck the Anne Mary 
 nearly a-midships, and for the preservation of their lives, these appearers, 
 and another of the crew of the Anne Mary, jumped on board the steam- 
 er, and arrived back at L. in her, ori the 2nd of February; and on tlie 
 same day (his appearer, the said A. B. appeared at the office of me, the 
 said notary, and caused his protest to be duly noted. And these appear- 
 ers do protest, and 1, the said notary do also protest, against the said 
 steamer, and the said collision, striking, facts, occurrences, and all loss or 
 damage occasioned thereby. 
 [Signed and sealed as in ship protest] 
 
 Notarial Certified Copy of a Ship^s Protest. 
 
 To all to whom these presents shall come, 1, K. B. Notary Public, duly 
 commissioned and sworn, residing in B — in the county of S— , in the 
 
 Slate of , do hereby certify, that the paper writing hereunto annexed, 
 
 purporting to be a copy of a protest of tne master and part of the crew 
 
 therein named, of the ship or vessel the Amie, bearing date the day 
 
 of last, is a true and correct copy of the said protest, the same hav- 
 ing been carefullyexamined and compared with the original protest, which 
 was made and declared before me \[or before C. D. of aforesaid, no- 
 tary public,] [or, as (he case may be, examined and compared with the 
 original draft of the said protest, draWn up, and registered in my office, 
 and which protest was duly made and declared before me, the said notary.] 
 
 in testimony whereof, I have hereunto subscribed my name, and affixed 
 
 my seal of office, this day of , one thousand eight hundred 
 
 and fifty—. 
 (Seal) R. B. Notary Public. 
 
 • — 
 
 Protest by Shippers of Goods against the Master and Owners oj 
 
 a Vessel, in consequence of the Master'' s refusalt after notice, to 
 
 sign a Bill of Lading in the customary form. 
 
 By this Public iTistrument of Prof est, he it known and made manifest 
 unto all people, that on the day of , in the j'ear one thousand 
 
 cc 10* 
 
no PROTEST FOB- REFUSING TO SIGN BILL OF LADING, 
 
 eight hundred and fifty — , personally came' and appeared before me, R. 
 B, Notary Public, duly commissioiitid and sworn, residing in B— , in the 
 county of S— , in the State of M — , G. G. one of the Hrm of G. G. and 
 Copipiiny, of B — , merchants, tlie shippers of goods and merchandise, per 
 
 the' — — the . bound on a voyage from B — to C — , and C. D. of B— , 
 
 clerk to the said G. G. and Company, who being severally sworn, did de- 
 clare and depose; and first this appearer, the said C. D. for himsdf, did 
 declare and state as follows; that is to say, that tiiis appearer did attend 
 for the said G. G. and Company, the, shippers, and did conduct the de- 
 livery on the day of instant, at and alongside of the said , 
 
 of the goods and merchandise, mt-nliuned in the duplicate (orcopj) bill of 
 lading after mentioned^ That E. F. the master of the said ship or ves;.?|. 
 signed and gave a bill of lading for the seven chests of merchandise lliere- 
 in mentioned, with the words. " one chest in dispuie, ifon board to be rie- 
 livered, contents unknown," wriiten at the foot thereof, and thai the said 
 G. G. and Company objected to the same ; and that this appearer, the 
 said C. D. was present, and did see the said seven chests of merchandise 
 carefully delivered, at and alongside the said vessel, at L— aforesaid, in 
 the usual manner, and left under the charge of the male and crew there- 
 of; and that on this day of instant, this appearer, the said C. D. 
 
 did deliver to the said E. F. a notice and demand, signed by the said G, 
 G. and Company, of which a copy is hereto annexed, but the said E. F. 
 refused to comply therewith, or to sign or deliver any other bill of lading, 
 in another form. 
 
 And the appearer, the said G. G. for and on behalf of himself and of 
 his said co-partner in trade, under the said firm of G. G and Company, 
 and for and on behalf of all other persons who are, or shall or may be in- 
 terested in the said goods and merchandise, doth declare and protest ,, 
 belbre me, and I. the said notary, at the request of the said shippers, (he 
 said G. G. and Company, do protest against the owners and tlie said 
 master of the said vessel, for and in respect of the said refusal and neg- 
 lect to sign and give a correct bill of lading, for the 'said goods, in the 
 usual and customary form, and for and in respect of all fall of markets, 
 loss, damage, or expenses, which the said shippers, or any other person 
 or persons, who is, or are, or shall, or may be interested therein, have 
 or hath incurred, or may incur, by reason of the premises. 
 
 (Signed and sealed as in Skip Protest.) 
 
 Copy of the Notice to the Master re/erred to in the foregoing 
 Protest^ objecting to the qvabfication introduced into the Bill 
 of Ladings loithovt consent ^ and demanding a Bill of Lading 
 in the customary form. 
 
 To Captain E. F. Master of the ship or vessel called ihe Frances. 
 We, the shippers of seven chests of merchandise, on board the Frances, 
 for C — , hereby give you notice, that we object to the qualification or ex- 
 ception of'one chest in dispute, ifon board to be delivered, contents un- 
 known," added without our consent to the bill of lading, signed by you 
 (or l!ie said goods, for C— , and that we hold you and the owners of the 
 vessel, responsible for the value and safety of all and every goods, which 
 we shall prove to have been delivered at the said vessel : ana we demand 
 and require you, forthwith to sign and deliver to us a bill of ladmg for the 
 eaid goods, in n usual, legal, and customary form, and we give you notice, 
 that in default thereof, we protest against you, and we hold you and the 
 owners of the vessel responsible for all loss, damage, or expenses, by rea- 
 son of the premises. G. G. and Co. 
 B—, — day of —,186— 
 
PKOTKST FOR NOT SAILING AT APPOINTED TIME. Ill 
 
 Protest, by Merchants, gainst the Master and Owners, in consc' 
 
 qucnce of the master not proceeding to Sea after signing Bills 
 
 of Lading, 
 
 By this Public Instrument of Protest, be it known and made manifest 
 
 unto ail pi'ople, that on the day of , in the year one thousand 
 
 eight hundred and fifty — .personally came andnppeared before me, R. B. 
 JNolary Public, duly nommissioned, and sworn, residm^ in L — , in the 
 
 county of L — , in the Stale of , A. B. of L — af'^resaid, merchant, 
 
 one of the partners composing the firm of A. B. and Company, who being 
 swiirn, did declare and depose as follows ; that is to say, that this appearer 
 and h.s co-partner, under their said firm of A. B, and Company, did. on 
 tlie day of last, ship on board the ship or vessel callea the Vic- 
 toria, G. H. master, at L — then bound on a voyage from L — to (here 
 state the destination, and describe the goods. J and that the said G. H. the 
 master of the said ship, signed the usual bills of lading for the said goods 
 and merchandise, part expressed to be deliverable to order, and the other 
 
 partlo Messrs. , of aforesaidj an^l that soon alter this appealer's 
 
 said firm shipped the said goods on board the said vessel she was ready 
 for sea, and that the wind was fair, and she might have proreeded on her 
 
 said voynge on or about the day of last, and that vessels bound 
 
 to the same port, as the said vessel, have sailed since she was rt-ady for 
 sea, but that she has not done so, although this appearer has repeatedly 
 given notice to, and required the said mnster, to set sail, and proceed with 
 the said vessel, and the said goods, on board, on her said intended voyage 
 to — , but that she is still lying and remaining in the port of L — . Where- 
 fore, the said appearer, A. B. on behalf of himself and hih said firm, and 
 for and on behalf of ail other persons who are, or shail, or may be inter- 
 ested inthe said goods, doth protest; and !,the said notary, at his request, 
 do protest again-^t the said master, the crew, and the owne*- or owners of 
 the said vessel, for all negligence, inattention, and deluy, and all iall of 
 market, loss, damage, and expenses, which the said appearer or his said 
 firm, or the owners or consignees of the s.iid cargo or goods, may sustain, 
 or be put unto, in consequence of such delay, matters, and circums>tan-res 
 as aforesaid. A. B. 
 
 Thus protested in due form, at L— aforesaid, the day and year first 
 before written ; before me, 
 
 (Seal.) R. B. Notary Public. 
 • 
 
 Protest ly the Master of a Vessel^ against the Consignees of 
 Goods, for not discharging and taking them from the Vessel 
 in a reasonable time. 
 By this Public Instrument of Protest, be it known and made manifest 
 
 unto nil people, that on the dav of , in the year one thousand 
 
 eiG:ht hundred and fifty — , personally came and appeared before me, R. B. 
 Notary Public, duly commissioned and sworn, residing in L — , in the 
 cuunlyofL — , in the State of — , A B. master of the ship or vessel, Ihe 
 
 Tom, belonging to the port of , who being sworn, did declare and 
 
 depo<^ as follows : that is to say, that this appearer did, on or about the 
 
 - — day of last, receive on hoard the said ve.ssel, at the port of L — , 
 
 in the of . [here describe the goods,] all of which were shipped 
 
 on board her there by E F. addressed to C. D at L — aforesaid ; and this 
 appearer duly signed bills of lading as customary, expressing;" the said 
 goods to be deliverable to the said C. D. at I. — , he or they paying freight 
 for Ihe same, with primage accustomed. That this appearer proceeded 
 with the said goods on board the said vessel direct to L — aforesaid, 
 where she arrived on the day of instant, and on the day of 
 
112 BILLS OF LADING. 
 
 instant, when the said vessel had been reported, and had got into a 
 
 proper berth for discharging', this appearer gave notice to the said C. D. 
 to whom the said goods were add/essed, that this appearer was ready to 
 deliver the said g-oods; but from that time up to tho'd-tte and making of 
 these presents, neither the said C. D. nor any other person on his behalf, 
 hath rereived or discharged, or offered to receive or discharge the said 
 goods from the said vessel, or paid or offered to pay ihe freignt and pri- 
 mage (hereof, although this appearer is willing and desirous to dehver the 
 said goods; and notwithstanding this appearer halh several times applied 
 to, and requested ihe said C. D. to have the said goods discharged from the 
 said vessel, and received by him, yet he still delays and neglects so to do ; 
 and (ivitsuch delay and neglect are unreasonable, and injurious to the in- 
 terests of the owners and master of ihe said vessel. Wherefore, the said 
 appearer, A. B. on behalf of ihe owners of the said vessel, and on behalf 
 of himself, as master, doth protest, and I, the said notary, al his request, 
 do also protest against the said C. D. and against all and every other per- 
 son or persons whomsoever responsible, or whom these presents do or 
 may concern, and holding himgr them responsible for all demurrage. loss, 
 damage, wages, and expenses incurred, owing, or sustained, or to be in- 
 curred or sustained, in consequence of such unreasonable delay, detention, 
 and circumstances as aforesaid. A. B. 
 
 All which matters and things were declared, alleged, and affirmed before 
 
 me the said Notary. In testimony whereof, 1 have hereunto setmy 
 
 hand and affixed my official seal. 
 (Seal.) R. B. Notary Public. 
 
 FORM OF BILL OF LADING. 
 
 Shipprd in good order and condition, by A. B on board the , eal led the 
 
 , whereof i;. D is masier for this present voyage, now lying in the port 
 
 of , tmd hound for -. To say: twenty packages, being marked and 
 
 numbered as in the raarghi, and are to be delivered in tJie like gi^od order and 
 
 condition, at the port of , (the act of God, enemies, fire, maclimerj', boiler, 
 
 steam and all and every other danger? and accidenis of seas, lakes, rivers, 
 and steam navigation of v/hatever nature and kind soever excepted) unto R. 
 H. or his asssigns, he or they paying freight for the same, the sum of . 
 
 In witness whereof the Master or Clerk of said , hath affirmed to 
 
 Bills of Lading, all of this tenor and date ; one of which being accomplished, 
 the others to stand void. Dated at , the Isi day of July, 185—. C. D. 
 
 A master can demand to see the contents of a case, &c., if he suspects 
 that there is any damage, or that it contains any unlawful or dangerous ar- 
 ticle, as gunpowder, &c. ;aud to prevent dispute, it is u-.ual to write upon 
 the bills of lading such words as will show that the captain, or person 
 signing them, has no other knowledge of what the goods are, than that 
 which is obtained from their external appearance. As 
 
 (U Iron, &c.) 
 Weight unknown to 
 
 (If hales of Hemp, Flax, and other pncka^es, &c.) 
 Contents unknown to^ or Wtiqht and contents unknoivn to 
 
 i For a number of piece.* in bales of manufactured goods.) ■ 
 Number of pieces and contents unknown to 
 
 (For liquids.) 
 Contents unknown to, and Not accountable for leakage. 
 
 (If liquids in bntiles ) 
 Contents unknown (o, and Not accountable for leakage and breakage. 
 
 {Tf the number of gallons are expressed in the bill.) 
 Number of gallons andcontents nnknown to, and Not accountable for leakage. 
 
 Thomas Smith. 
 
seamen's and boatmen's wages. 
 
 113 
 
 TABLE FOR CALCULATING SEAMEN'S & BOATMEN'S 
 WAGES, FROM 5 TO 17 DOLLARS PER MONTH. 
 
 (0* 
 
 & 
 
 R 
 
 SKAMEN'S WAGES BY THE DAY AND MONTH. 1 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 
 $ 
 
 S 
 
 8 
 
 $ 
 
 $ 
 
 $ 
 
 S 
 
 « 
 
 $• 
 
 S 
 
 e 
 
 S' 
 
 S 
 
 i. 
 
 9t00 
 
 600 
 
 7-0O 
 
 800 
 
 900 
 
 10-00 
 
 1100 
 
 12-00 
 
 13-00 
 
 14.00 
 
 15-00 
 
 18-00 
 
 17 00 
 
 1 
 
 0-17 
 
 0-20 
 
 23 
 
 0-27 
 
 0-30 
 
 33 
 
 0-37 
 
 0-40 
 
 0-43 
 
 0-47 
 
 0-50 
 
 053 
 
 0-67 
 
 2 
 
 0-33 
 
 0-40 
 
 0-47 
 
 0-53 
 
 0-60 
 
 0-67 
 
 0-73 
 
 0-80 
 
 0-67 
 
 0-93 
 
 1-00 
 
 1-07 
 
 a-13 
 
 3 
 
 5U 
 
 0-60 
 
 0-7Q 
 
 0-80 
 
 090 
 
 100 
 
 1-10 
 
 1-20 
 
 1-30 
 
 1-40 
 
 1-50 
 
 1-60 
 
 1-70 
 
 4 
 
 0-67 
 
 OSO 
 
 093 
 
 107 
 
 1-20 
 
 1-33 
 
 1-47 
 
 1-60 
 
 1-73 
 
 1-87 
 
 3-00 
 
 213 
 
 2-27 
 
 5 
 
 0-93 
 
 1-00 
 
 117 
 
 1-83 
 
 1-50 
 
 1-67 
 
 1-83 
 
 200 
 
 2-17 
 
 2-33 
 
 2-50 
 
 2-67 
 
 2-83 
 
 6 
 
 1-00 
 
 1-20 
 
 1-40 
 
 1-60 
 
 1-80 
 
 200 
 
 2-20 
 
 a-40 
 
 2-60 
 
 2-80 
 
 3-00 
 
 3-20 
 
 ^3-40 
 
 7 
 
 1-17 
 
 1-4'J 
 
 1-63 
 
 1-87 
 
 210 
 
 2 33 
 
 2-57 
 
 2-80 
 
 303 
 
 3-27 
 
 3-50 
 
 3-73 
 
 3-97 
 
 8 
 
 1-33 
 
 1-60 
 
 1-87 
 
 213 
 
 2-40 
 
 2-87 
 
 2-93 
 
 3-20 
 
 3-47 
 
 3-73 
 
 4-00 
 
 4-S7 
 
 4-53 
 
 1- 
 
 1-SO 
 
 1-sn 
 
 210 
 
 a-40 
 
 2-70 
 
 300 
 
 3-30 
 
 300 
 
 3-90 
 
 4-20 
 
 4-50 
 
 480 
 
 5-10 
 
 10 
 
 1-67 
 
 aoo 
 
 2-33 
 
 2-67 
 
 3011 
 
 3-33 
 
 3-67 
 
 4-00 
 
 4-33 
 
 4-67 
 
 5-00 
 
 5-31 
 
 5-67 
 
 11 
 
 183 
 
 2-20 
 
 2-f7 
 
 2-93 
 
 3 30 
 
 307 
 
 4.03 
 
 4-40 
 
 4-77 
 
 513 
 
 5-50 
 
 5-87 
 
 .6-23 
 
 19 
 
 2-00 
 
 2-40 
 
 2-80 
 
 3-20 
 
 360 
 
 4-00 
 
 4-40 
 
 4-80 
 
 5 20 
 
 5-60 
 
 6-00 
 
 6-40 
 
 6-80 
 
 13 
 
 217 
 
 2-60 
 
 3-U3 
 
 3-47 
 
 3-90 
 
 4-33 
 
 4-77 
 
 5-20 
 
 5 83 
 
 e-07 
 
 6-50 
 
 6-03 
 
 7-37 
 
 14 
 
 2-33 
 
 2 80 
 
 3-27 
 
 3-73 
 
 4-20 
 
 4-67 
 
 5-13 
 
 5 60 
 
 6-07 
 
 6-53 
 
 7-00 
 
 7-47 
 
 7-93 
 
 15 
 
 2-5(1 
 
 300 
 
 3-50 
 
 400 
 
 4-50 
 
 5-00 
 
 560 
 
 6-00 
 
 6 50 
 
 7-00 
 
 7-60 
 
 800 
 
 8-50 
 
 16 
 
 3-67 
 
 3-20 
 
 3-73 
 
 4-27 
 
 4 80 
 
 5-33 
 
 5-87 
 
 6-40 
 
 6 93 
 
 7-47 
 
 S-00 
 
 8-53 
 
 907 
 
 17 
 
 2-83 
 
 3-40 
 
 3-97 
 
 4-53 
 
 5-10 
 
 5 67 
 
 0-23 
 
 6-80 
 
 7-37 
 
 7-93 
 
 8 60 
 
 907 
 
 9-63 
 
 18 
 
 3 00 
 
 3fi0 
 
 4-20 
 
 4-80 
 
 5-40 
 
 6-00 
 
 6-60 
 
 7-SO 
 
 7-30 
 
 8-40 
 
 9 00 
 
 9 6(1 
 
 10-20 
 
 19 
 
 317 
 
 3-80 
 
 4-43 
 
 5-07 
 
 5-70 
 
 6-33 
 
 6-97 
 
 7-60 
 
 823 
 
 8-87 
 
 9-50 
 
 10-13 
 
 10-77 
 
 20 
 
 333 
 
 4-00 
 
 4-67 
 
 5-33 
 
 600 
 
 6-87 
 
 7-33 
 
 8-00 
 
 8-67 
 
 9 33 
 
 1000 
 
 10-67 
 
 11-33 
 
 21 
 
 3.50 
 
 4 20 
 
 4-90 
 
 5 60 
 
 8-30 
 
 7-00 
 
 7-70 
 
 8-40 
 
 9-10 
 
 9-80 
 
 10-50 
 
 11-20 
 
 11-90 
 
 22 
 
 .1-67 
 
 4-40 
 
 513 
 
 5-87 
 
 6-60 
 
 7-33 
 
 8-07 
 
 8-80 
 
 9-53 
 
 10-27 
 
 11-00 
 
 11-73 
 
 12-47 
 
 23 
 
 383 
 
 4-611 
 
 5-37 
 
 6-13 
 
 6 90 
 
 7>67 
 
 3-43 
 
 9-20 
 
 997 
 
 10-73 
 
 11-50 
 
 12-37 
 
 13-03 
 
 24 
 
 4on 
 
 4-80 
 
 5- SO 
 
 S-40 
 
 7-20 
 
 8'0() 
 
 880 
 
 9-60 
 
 10 40 
 
 1120 
 
 12 00 
 
 12-80 
 
 13 60 
 
 25 
 
 4-17 
 
 500 
 
 5-63 
 
 6-67 
 
 750 
 
 833 
 
 917 
 
 10-00 
 
 1083 
 
 1167 
 
 12 50 
 
 13-33 
 
 14-17 
 
 26 
 
 4-33 
 
 5-20 
 
 607 
 
 6 93 
 
 7-80 
 
 8-67 
 
 9-53 
 
 10 40 
 
 11-27 
 
 IS'lS 
 
 13-00 
 
 13-87 
 
 14-73 
 
 27 
 
 4-jO 
 
 5-40 
 
 6 30 
 
 7-20 
 
 8-10 
 
 9 00 
 
 9-90 
 
 10-80 
 
 1170 
 
 12-60 
 
 13-50 
 
 14-40 
 
 15-30 
 
 28 
 
 4-67 
 
 5-60 
 
 6-53 
 
 7-47 
 
 8-40 
 
 9.33 
 
 10-27 
 
 1120 
 
 12-13 
 
 13-07 
 
 14-00 
 
 14-93 
 
 15-87 
 
 29 
 
 4-83 
 
 5-80 
 
 6-77 
 
 7-73 
 
 8-70 
 
 9-67 
 
 10-63 
 
 11-60 
 
 12-57 
 
 13 63 
 
 14-50 
 
 15 47 
 
 16 43 
 
 30 
 
 500 
 
 600 
 
 7 00 
 
 8-00 
 
 900 
 
 1000 
 
 11-00 
 
 12-00 
 
 1300 
 
 14-00 
 
 15 00 
 
 16 00 
 
 17-00 
 
 } 
 
 004 
 
 03 
 
 0-06 
 
 0-07 
 
 0-08 
 
 0-08 
 
 0-09 
 
 010 
 
 0-11 
 
 0-12 
 
 0-n 
 
 0-13 
 
 0-14 
 
 i 
 
 008 
 
 0-10 
 
 0'12 
 
 013 
 
 n-15 
 
 0-17 
 
 0-18 
 
 0-20 
 
 0-22 
 
 0-23 
 
 0-25 
 
 0-27 
 
 0-28 
 
 i 
 
 012 
 
 0-15 
 
 0-17 
 
 0.20 
 
 0-23 
 
 025 
 
 0-27 
 
 0-30 
 
 0-32 
 
 35 
 
 0-33, 
 
 0-40 
 
 0-42 
 
 N. B. Tt i« the practice in business, in casting accounls, whenever there 
 is a halfcent, to take one cent; for a fraction less than half cent, nothing 
 is taken. 
 
 Seamen are entitled to demand and receive from the master, one 
 third part of the wages which sliall be due them, at every port where 
 the vessel unlades and delivers her cargo before the voyage 18 ended; 
 unless the contrary is stipulated in the Shipping Articles. 
 
114 seamen's and boatmen's wages. 
 
 SEAMEN'S AND BOATMEN'S WAGES, — CONTINUED. 
 
 p 
 
 SEAMEN'S WAGES BY THE DAY AND MONTH. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 mo. 
 
 o 
 
 S 
 
 S 
 
 S 
 
 s 
 
 $ 
 
 S 
 
 S 
 
 S 
 
 « 
 
 $ 
 
 $ 
 
 S 
 
 ,.S 
 
 i 
 
 18-00 
 
 19-00 
 
 20-00 
 
 21-00 
 
 22 00 
 
 23 00 
 
 24-00 
 
 28-00 
 
 26 00 
 
 27-00 
 
 28-00 
 
 29-00 
 
 30-00 
 
 1 
 
 0-60 
 
 0-63 
 
 0-67 
 
 0-70 
 
 0-73 
 
 0-77 
 
 0-80 
 
 0-83 
 
 0-87 
 
 0-90 
 
 0-93 
 
 « 
 
 0-97 
 
 1-00 
 
 2 
 
 1-20 
 
 1-27 
 
 1-33 
 
 1-40 
 
 1-47 
 
 1-53 
 
 1-60 
 
 1-67 
 
 173 
 
 1-80 
 
 1-87 
 
 1-93 
 
 2-00 
 
 3 
 
 1-80 
 
 1-90 
 
 2-00 
 
 2-10 
 
 2-20 
 
 2-30 
 
 240 
 
 2-50 
 
 2.60 
 
 2-70 
 
 2-80 
 
 2-90 
 
 3-00 
 
 4 
 
 2-40 
 
 2-58 
 
 2-67 
 
 2-80 
 
 2-93 
 
 307 
 
 3-20 
 
 3-33 
 
 3-47 
 
 3-60 
 
 3-73 
 
 3-87 
 
 4-00 
 
 5 
 
 3 '00 
 
 3-17 
 
 3-33 
 
 3-50 
 
 3-07 
 
 3-83 
 
 4-00 
 
 4-17 
 
 4-33 
 
 4-50 
 
 4-67 
 
 4-83 
 
 5-00 
 
 6 
 
 3-60 
 
 3-80 
 
 4-00 
 
 4-20 
 
 4-40 
 
 4-60 
 
 4-80 
 
 5-00 
 
 5-80 
 
 5-40 
 
 5-60 
 
 5-80 
 
 6-00 
 
 7 
 
 *4'20 
 
 4-43 
 
 4 67 
 
 4-00 
 
 5 13 
 
 5-37 
 
 5-60 
 
 5-83 
 
 6-07 
 
 6-30 
 
 6-53 
 
 6-77 
 
 7-00 
 
 8 
 
 4-80 
 
 507 
 
 5-33 
 
 5-60 
 
 5-87 
 
 6 13 
 
 6-40 
 
 6-67 
 
 6-93 
 
 7-20 
 
 7-47 
 
 7-73 
 
 8-00 
 
 9 
 
 5-40 
 
 5-70 
 
 600 
 
 6-30 
 
 6-o6 
 
 6-90 
 
 7-20 
 
 7-50 
 
 7-80 
 
 810 
 
 8-40 
 
 8-70 
 
 9-00 
 
 10 
 
 6-00 
 
 6-33 
 
 6-67 
 
 700 
 
 7-33 
 
 7-67 
 
 S-00 
 
 8-33 
 
 8-67 
 
 9-00 
 
 9-33 
 
 9-67 
 
 10-00 
 
 11 
 
 6-60 
 
 6-97 
 
 7-33 
 
 ■7-70 
 
 S-07 
 
 8-43 
 
 8-80 
 
 9-17 
 
 9-53 
 
 9-90 
 
 10 27 
 
 10-63 
 
 11-00 
 
 12 
 
 7-20 
 
 7-60 
 
 8-00 
 
 8-40 
 
 S-80 
 
 920 
 
 9 60 
 
 10-09 
 
 10-40 
 
 10-80 
 
 ll-'20 
 
 11-60 
 
 12-00 
 
 13 
 
 7-80 
 
 S-23 
 
 8-67 
 
 9 10 
 
 9-53 
 
 9-97 
 
 10-40 
 
 10-83 
 
 11-27 
 
 11-70 
 
 12-13 
 
 12-5?, 
 
 13-00 
 
 14 
 
 840 
 
 ■8-87 
 
 9-a3 
 
 9-80 
 
 10-27 
 
 10 73 
 
 11-20 
 
 11-67 
 
 12-13 
 
 12-60 
 
 13-07 
 
 13-53 
 
 14-00 
 
 15 
 
 9-00 
 
 9-50 
 
 10-00 
 
 10-50 
 
 1100 
 
 11-50 
 
 12-00 
 
 12 50 
 
 1300 
 
 13-50 
 
 14-00 
 
 14-50 
 
 15-00 
 
 16 
 
 960 
 
 10-13 
 
 10-67 
 
 u-ao 
 
 1173 
 
 12-27 
 
 12 80 
 
 13-33 
 
 13-87 
 
 14-40 
 
 14-93 
 
 15-47 
 
 16-00 
 
 17 
 
 10-20 
 
 10-77 
 
 11-33 
 
 11-90 
 
 12-47 
 
 13-03 
 
 13-60 
 
 14-1- 
 
 14-73 
 
 15-30 
 
 15-87 
 
 16-13 
 
 1700 
 
 IS 
 
 10 80 
 
 11-40 
 
 12-00 
 
 12-60 
 
 13-20 
 
 13-80 
 
 14-40 
 
 15-00 
 
 15 60 
 
 16 '20 
 
 16-80 
 
 17-40 
 
 18-00 
 
 19 
 
 U-40 
 
 1203 
 
 12-67 
 
 13-30 
 
 n-93 
 
 14-57 
 
 15 20 
 
 15-83 
 
 16-47 
 
 17-10 
 
 17-73 
 
 18-37 
 
 19-00 
 
 20 
 
 12 00 
 
 12-67 
 
 13.33 
 
 14-00 
 
 14-67 
 
 15-33 
 
 1600 
 
 16-67 
 
 17-33 
 
 18-00 
 
 18-67 
 
 19-33 
 
 20-00 
 
 21 
 
 12-00 
 
 13 30 
 
 14-00 
 
 14-70 
 
 15-40 
 
 16-10 
 
 16-80 
 
 17-50 
 
 18-20 
 
 18-90 
 
 19 60 
 
 20.30 
 
 21-00 
 
 22 
 
 13-20 
 
 13-93 
 
 14-67 
 
 15-40 
 
 1613 
 
 16-87 
 
 17-60 
 
 IS 33 
 
 1907 
 
 19-80 
 
 20 53 
 
 21-27 
 
 22-00 
 
 23 
 
 13-80 
 
 14-57 
 
 15-33 
 
 16-10 
 
 16-87 
 
 17-63 
 
 1840 
 
 19-17 
 
 19-93 
 
 20-70 
 
 21-47 
 
 22-23 
 
 23-01) 
 
 24 
 
 H-40 
 
 15-20 
 
 16-00 
 
 16-80 
 
 17-60 
 
 18-40 
 
 19 20 
 
 20-00 
 
 •30-SO 
 
 21-60 
 
 22 40 
 
 23-20 
 
 24-00 
 
 25 
 
 15 00 
 
 15 83 
 
 1667 
 
 17-50 
 
 18-33 
 
 19-17 
 
 2000 
 
 20-83 
 
 21-67 
 
 22-50 
 
 23-33 
 
 2417 
 
 25-00 
 
 26 
 
 l'i-61 
 
 16-47 
 
 17 33 
 
 18-20 
 
 19-07 
 
 19-93 
 
 20-80 
 
 21-67 
 
 '22-53 
 
 23-40 
 
 24-27 
 
 25-13 
 
 26-00 
 
 27 
 
 16-20 
 
 17-10 
 
 18-00 
 
 18-90 
 
 1980 
 
 20-70 
 
 21-60 
 
 22-50 
 
 23-40 
 
 24-30 
 
 25-20 
 
 26-10 
 
 27-00, 
 
 28 
 
 16-SO 
 
 17-73 
 
 18-67 
 
 19-60 
 
 20-53 
 
 21-47 
 
 22-40 
 
 23-33 
 
 24-27 
 
 25-20 
 
 20-13 
 
 27-07 
 
 23-00 
 
 29 
 
 17-40 
 
 18-37 
 
 19 33 
 
 20 30 
 
 21-27 
 
 22-23 
 
 23-20 
 
 24-17 
 
 25-13 
 
 26-10 
 
 27-07 
 
 28-03 
 
 29-00 
 
 30 
 
 18-00 
 
 1900 
 
 20-00 
 
 21-00 
 
 2-2-00 
 
 23 00 
 
 24-00 
 
 i500 
 
 26-00 
 
 27-00 
 
 23-00 
 
 29-00 
 
 30-CO 
 
 i 
 
 015 
 
 16 
 
 0-17 
 
 0-18 
 
 018 
 
 0-19 
 
 0-20 
 
 0-21 
 
 22 
 
 023 
 
 023 
 
 24 
 
 0-25 
 
 i 
 
 0-30 
 
 0-32 
 
 33 
 
 035 
 
 0-37 
 
 0-33 
 
 0-40 
 
 42 
 
 0-43 
 
 0-45 
 
 0-47 
 
 0-48 
 
 0-50 
 
 L 
 
 0-45 
 
 0-47 
 
 0-50 
 
 0-53 
 
 0-55 
 
 0-57 
 
 0-60 
 
 0-62 
 
 0-65 
 
 0-68 
 
 0-70 72 75 1 
 
 If a Seaman's Wages are nol paid within ten days after ihe voyage is ended, 
 he may libel the vessel. But if he is bound to remain and assist in discharg- 
 ing the cargo, then he cannot attach the vessel until ten uays after the car- 
 go isdlscharged, unless she is going to sail before that time. If the sailor is 
 disch,irgpd at the end of the voyage, and before the cargo is unloaded, then he 
 may proceed immediately against the vesseK 
 
CUSTOM-HOUSE POWER OF ATTORNEY. 115 
 
 Warehouse Bond. 
 
 Know all men bt these presents, That we, A.B. and CD., 
 
 are held and firmly bound uri\o the United States of America in the sum 
 
 of dollars, to be paid to the United Slates : for the payment whereol 
 
 we bind ourselves, our heirs, executors and administrators, jointly and 
 severally, firmly by these presents, sealed with oar seals. 
 
 Drtted this day of , one thousand eight hundred and . 
 
 The condition of this obligation is such, That if the above bounden A. 
 B. and C. D., or either of tliem, or either of their heirs, executors or ad- 
 miuistrators, shall, on or before the expiration of three years, to be com- 
 puted frtiin the date of the importation of the goods, wares and merchan- 
 dise, hereafter mentioned, well and truly pay or cause to be paid unto the 
 
 Collector of the customs for the port of for the time being^the sum 
 
 of dolhirs, or the amount of duties to he ascertained as due* nd ow- 
 ing on goods, wares, and merchandise imported by in the ipas- 
 
 ter, from . consisting of or shall in llie mode prescribed by law 
 
 on or before the expiration of the three years aforesaid withdraw the said 
 goods from the Public Stores where they may be deposited at tho port of 
 
 then this obligation is to be void, otherwise to remain in full force 
 
 and virtue. A. B. [l. s.] 
 
 C. D. [L. s.] 
 Sealed awl delivered in presence of 
 
 Custom House Power of Attorney. 
 
 [Goods consis^ned lo persons not residing- in ihe port where the ffoods ar- 
 rive, musi be eiilered by the ailoriiey of the Consignee, duly appoinied ] 
 
 Know all men by these presents, That we, John Doe and 
 Richard Roo, composing and trading under the firm of John Doe & Co.. 
 of the city of -, state of . merchants, do make, constitute and ap- 
 point John K, ^timson,Geo. A. Stimson.and Wm. H. Pillow tloing busi- 
 ness in Boston, under the style of John K. istimson and Company, seve- 
 rally or separately, true and lawful attorne3's for us and in our name, place 
 and stead. In enter in due form of law, at any Custom House in the United 
 States of Amencfi, all goods, wares and merchandise, which have been 
 imported, or may hereafter be imported, by us,orvvhich have arrived, 
 consigned, or m:iv hereafter arrive, consigned to us, or in which we are 
 or may he interested or concerned. 
 
 And for us and in our mmp, place and stead to sign, seal, execute and 
 deliver, all and every bond and bonds which maybe required to secure the 
 duties thereon, or for ihe transportation or exportation of the same; or any 
 other bond or bonds required by the revenue laws or theVegulatioiis ol the 
 Trexsurv department of the United States, or the Collector of the Cus- 
 toms of ihe District of Boston, relative to an}' such Merchanilise; or which 
 may be necessary to obtain the debenture and debentures, upon such of 
 the said goods, wnres and merchaiKlise. as may be exported for us or on 
 our account. To have, take, and receive all debenture certificates to he 
 issui'd thereupon for us, and in our name, place and stead to endorse, as- 
 sign and transfer the same : or have, take, and receive the moneys due and 
 to grow <lue theri'on : And generally, as our Attorneys, to do, transact, 
 and perform all Custom House business, of whit kind soever, in which we 
 are or may be intere. 'ed or concerned, as fully and effectually to all in- 
 tents and purposes, as we if present there in person, could do; also lo set 
 our seal to anv instrument which may be necessary in the premises, and 
 the same to acknowledge for us to be our act and deed ; and generally lo 
 do and perform adl things relating to the premises, which we could law- 
 
116 BOTTOMRr BOND. 
 
 'fully do, if personally present, and as fully and effectually, to every intent 
 and purpose, although the same should seem to require more precise or 
 special iiuthority than is herein expressed. And especially aulhorizmg 
 and empowering our said Atlomeys for us' and in our name, place and 
 stead to sign, seal, execute and deliver all Bonds of Indemnity and other 
 specialties, and also all oilier documents which may be necessary for ef- 
 fecting the premises ; hereby ratifying all and whatsoever our said Attor- 
 neys may lawfully do by virtue hereof 
 
 And it is hereby declared and understood, that this power shall be and 
 remain in full force and virtue until revoked by written notice given to 
 the Collector. 
 
 In witness whereof, we hive hereunto set our hands and seals this 
 
 day of ,185-. JOHN DOE, [l. s.] 
 
 ' ' RICHARD ROE. [l. s.] 
 
 Signed, fealed and delivered inpresense of 
 
 A. Ji. 
 
 C. D. 
 
 Note.— Tn all cases where the above Power of Attnrneyis given, the names 
 of all ihe persons consutulliig a firm must be wrillen in full. 
 
 Stale of , Pjj 
 
 County of , \ 
 
 ' Be it known, that on the day of -, 185—, personally appeared 
 
 John Doe and Richard Roe, and acknowledged before me the foregoing 
 Power of Attorney to be their free act and d(ed. 
 
 Jn testimony whereof. I have hereunto set my hand and seal of office 
 
 the day of . 185—. 
 
 J. K., Notary Public. 
 
 Bottomry Bond — usual form. 
 
 Know alt. men bv thrse presents, Thai I, A. B., master of the 
 ship or vessel, called the Eagle of B., belonging to C. D., in N. V , am 
 held and firmly bound unto E. F. of G. in the county of G. in the state of 
 
 M., one of the U. .Slates of America, merchant, in the sum <if lawful 
 
 British money, to be paid to the said E. K , or his certain attorney or at- 
 torneys, executors, administrators or assigns; for which payment well and 
 truly to be made I bind myself, my heirs, executors, aud administrators, 
 and also the said ship or vessel, her tackle, apparel, and furniture, and the 
 freight to be earned by her on the voyage after mentioned, firmly by these 
 presents, sealed with my seal. 
 
 Dated this day of-, — , one thousand eight hundred and . 
 
 Whereas, the said ship or vessel is lately arrived at G. from N. V.. and 
 having on her voyage to the port of G. sustained damage [hce state the 
 damage and circumstances givivg rise to the occasion for taJH-ns. up the 
 money, with a short statement of the repairs and equipments, which have 
 been required to enable the vessel to proceed on her voyage'] and she is now 
 bound tor and about to return to N. V. aforesaid ; and the said A. B. in 
 order to be enabled to pay for the necessary repairs of sairl vessel and 
 the necessary and lawful disbursements and expenses thereof, and lo en- 
 able him to proceed lo sea with her on the said intended voyage, hath re- 
 quested the said K. F. to lend and advance the sum of for the afore- 
 said purposes, which the said E. F. hath accordingly done on the hazard 
 and adventure of the said vessel on her said intended voyage from G. to 
 N. V. aforesaid, and the said master, A. B.,halh taken up the same on 
 the hazard and adventure aforesaid. 
 
 Now the condition of the above obligation is such, That if the said ship 
 
RESPONDENTIA BOND. 117 
 
 or vessel do and shall with all convenient and reasonable speed, sail from 
 the port of G. aforesaid, on the said intended voyage to N. V., and that 
 without deviation (the perils, damages, accidents, and casualties of the 
 seas and navigation excepted), and if the above bound- A. B. his heirs, 
 executors or administrators, or the owners of the said vessel do and shall 
 
 within days after the said vessel shall arrive at N. V. aforesaid, well 
 
 and truly pay or cause to be paid unto the said E. F.,hia agent, attorney, 
 
 executors, administrators, or assigns, the said sum of , lawful sterling 
 
 money, together with pounds sterling per centum, bottomry premium 
 
 thereon; or if on the said voyage the said ship or vessel shall unavoidably 
 be utterly lost, cast awa}', or destroyed, in consequence of fire, enemies, 
 men of war, pirates, storms, or other the unavoidable perils, dangers, acci- 
 dents, or casualties of tlic seas and navigation, to be sufficiently shown or 
 proved by the said A. B., his executors or administrators, or by the own- 
 ers of the said ship or vessel, their executors, or administrators: then the 
 above obligation shall be void. A. B. for self and C. D. [l. s.] 
 
 ■ Signe'f^ sedUd and delivered in presence of 
 
 Note. — The owner is not liable, unless he has, by previous deed, under 
 seal, given the master authority to add his security. 
 
 Respondentia Bond. 
 
 [From Abbott on Shipping, 4tli Lond. Ed.] 
 Kkow all men by these presents. That, we, A. B. commander 
 
 of the ship Bdvidere and C. D., of , are held and firmly bound to E. 
 
 F., of , merchant, in the sum of lawful money of the , to be 
 
 paid to the said E. F., or to his certain attorney, executors, administrators , 
 or assigns, to which payment we bind ourselves jointly and separately, 
 our heirs, executors;, and administrators, firmly by these presents, sealed 
 with our seals. 
 
 Dated this — — day of , one thousand eight hundred and . 
 
 Whereas, the above-named E. F. has, on the day of the date above writ- 
 ten, advanced and loaned unto the said A. B. and C. D., the sum of 
 
 upon the goods, merchandises, and effects laden, and to be laden on board 
 the good ship or vessel called the Belvidere, of the burden of 987 tons or 
 
 thereabouts, now riding at anchor in the harbor of , outward bound to 
 
 China, and whereof A. B. is commander, by his acceptance of a bill of 
 exchange to that amount &tjbur months' date/ for the account of them, the 
 said A. B. and CD. 
 
 Now the condition of this obligation is sitch. That if the said ship or 
 vessel do and shall, with all convenient speed, proceed and sail from and 
 
 out of the said port of , on a voyage to any port or place, ports or 
 
 places, in the East Indies, China, Persia, or elsewhere, beyond the Cape 
 of Good Hope, and from thence do and shall sail, return, and come back 
 
 into the said port of . at or before the end of thirty-six calendar 
 
 months, to be accounted from the day of the date above written, and 
 there to end her said intended voyage, (the dangers and casualties of the 
 seas excepted) ; and if the said A B. and C. D., or either of them, their, 
 or either of their heirs, executors or administrators, do and shall, within 
 thirty days next, after the said ship or vessel shall he arrived at her moor- 
 ings in the said port of — — ,from her said intended voyage, or at or upon 
 the end and expiration of the said thirty-six calendar months, to be ac- 
 counted as aforesaid (which of the said times shall first and next happen), 
 well and truly pay or cause to be paid unto the said E. F. , his executors, 
 
 administrators or assigns, the full sum of , together with per cal- 
 
 C.C. 11 
 
118 CHARTER PARTY. 
 
 endar month for each and every calendar month, and so proportionally 
 for a greater or a lesser time than a calendar month, for all such time and 
 so man}' calendar months aa shall be elapsed and run out of the said 
 thirty-six calendar months, over and above twenty calendar months, to be 
 accounted from the day of the date above written ; or if in the said voy- 
 age, and within the said thirty-six calendar months to be accounted as 
 aforesaid, an utter loss of the said ship or vessel by fire, enemies', men of 
 war, or any other casualties shall unavoidably happen, and the said A. B. 
 and C. D., their heirs, executors, or administrators, do and shall within sir 
 calendar mouths next after such loss well and truly account for {upon oath 
 if required) and payunto the said E. F., his executors, administrators, or 
 assig^ns, a just and proportionable average on all the goods and effects of 
 
 the said A. B. carried from , on board of the said ship or vessel, and 
 
 the net proceeds thereof, and on all other goods and effects which the said 
 A. B. shall acquire during the said voyage for or by reason of such goods, 
 merchandises and effects, and which shall not be unavoidably lost, then 
 ihe above written obligation to be void. 
 
 Signed, sealed and delivered in presence of A. B. [l. s,] 
 
 C. D.. [L. s.] 
 
 Agreement of Charter Party outwards. 
 
 It is this day mutually agreed between A. B., Master of the good Ship 
 or Vessel called the Sultan, A 1, and coppered, of the burthen of nine 
 
 hundred tons, register measurement, or thereabouts, now at , and 
 
 Messrs. C. & Co , of .Merchants. That the said Ship being tight, 
 
 staunch, and strong, and in every way fitted for the Voyage, shall/orf/i- 
 
 toith proceed to , and then load from the Charterer's Agents a full 
 
 and complete Cargo of Cotton, which the said Merchants bind themselves 
 to ship, not exceeding what she can reasonably stow and carry over and 
 above her Tackle, Apparel, Provisions, and Furniture ; and being so load- 
 ed, shall therewith proceed to , or so near thereunto as she may safe- 
 ly get,* and deliver the same on being paid Freight at and after the rate 
 
 of shillings per Ton of 20 cwt. with per cent, primage thereon 
 
 in sterling. (The Act of God, Enemies, Fire, and all and every other 
 Dangers and Accidents of the Seas, Rivers, and Navigation, of whatever 
 nature and kind soever, during the said Voyage, always excepted.) The 
 Freight to be paid on unloading, and right delivery of the Cargo, in Cash, 
 
 Thirty running Days are to be allowed the said Merchant (if the Ship 
 
 is not sooner despatched) for loading the said Ship at , and for dis- 
 
 charging at , to commence on the Vessel's arrival at and being 
 
 ready to load, cease when loaded, recommence on her arrival at and 
 
 being ready to discharge, and cease when finally discharged, and days 
 
 on Demurrage, over and above the said lying days at pounds per 
 
 day. Penalty for non-performance of this Agreement dollars. 
 
 Cargo to he sent to and taken from aloTigside of the Vessel free of any 
 expense to the Ship, 
 
 The Vessel to be consigned to Charterers' Agents at ports of loading 
 and discharge. 
 
 Witness our hands and seals this day of , A. D. 185 — . 
 
 Executed inpresence of Signatures and Seals. 
 
 * This means that she should get within the ambit of the port, thouffh she 
 may not be able to emer it. 
 
STEAMBOAT CHARTER PARTY. 119 
 
 Agreement qf Steamboat Charter Party. 
 
 II is mutually agreed between A. B. of the city of , owner of the 
 
 good steamboat Sultan, of the burthen of four hundred tons, or there- 
 abouts, register measurement, now lying in the port of , (whereof E. 
 
 F., is at present master,) and C. D., merchant, of the said city. That the ' 
 said A. B. , for the consideration hereinafter mentioned, doth let and charter 
 the aforesaid steamboat, with the appurtenances, for a voyage from C. lo 
 B., (the Act of God, enemies, fire, machinery, boilers, steam, and all other 
 dangers and accidents of seas, rivers, lakes, and steam navigation ex- 
 cepted) ; and the said A. B. covenants with the said C. D. in manner fol- 
 lowing, that is to say : that the said steamboat Sultan, in and during the 
 voyage aforesaid, shall be kept tight, staunch, well iitted, tackled, and 
 provided with every requisite necessary for such a vessel and such a voy- 
 age; and the said A. B. doth further engage to take and receive on board 
 said steamboat, all such lawful goods and merchandise as the said C. D. 
 or his agents may think proper to ship, not exceeding what she can reason- 
 ably stow and carry, over and above her tackle, provisions, fuel, furniture 
 and machinery ; and being so loaded shall therewith proceed to B., and 
 there be discharged. 
 
 In consideration whereof, the said C. D. agrees to pay the said A. B:, 
 
 the pra of dollars in full for the freight or hire of said steamboat and 
 
 her appurtenances, one-half to be paid in cash on unloading and right de- 
 livery of the cargo, and the remainder by an approved bill at three month- 
 following. 
 
 Penalty for non-performance of this Agreement, dollars. 
 
 In witness whereof, the said parties have hereunto set their hands and 
 
 seals the day of , A. D. 185 — . 
 
 Erecuted in presence of Signatures and Seals. 
 
 Bill of Sale of Registered Ship or Vessel. 
 
 Know all men ev these presents. That I, A. B., of G. owner 
 of the ship or vessel, called the Atlantic, of the burthen of eiglit hundred 
 
 tons or thereabouts, for and in consideration of the sum of dollars, 
 
 lawful money of the United Slates, to me in hand paid, at or before the 
 sealing and delivery of these presents, by C. D., of Ihe said place, the re- 
 ceipt whereof I do hereby acknowledge, and am therewith fully satisfied, 
 contented and paid, have bargained and sold, and by these presents do 
 bargain and sell, unto the said C. D., his executors, administralors and 
 assigns, all the hull or body of the said ship, or vessel, together with Ihe 
 mast;, bowsprit, sails, boats, anchors, cables, arid all other necessaries 
 thereunto belonging ; the certificate of the registry of which said ship, or 
 vessel, is as follows, to wit ; (copy certificate (^registry ;) To have and to 
 hold the said ship, or vessel, and appurtenances thereunto belonging, unto 
 the said C. D., his executors, administrators, and assigns, to his and their 
 sole and only proper use, benefit, and behoof, forever. And I do, for 
 myself, my heirs, executors and administrators, covenant and agree lo 
 and with the said C. D., his executors, administrators and assigns, to war- 
 rant and defend the said ship, or vessel, and all the before mentioned ap- 
 purtenances, against all and every person and persons whomsoever. 
 In testimony whereof, the said A. B. has, die. A. B. [L. s.] 
 
 Bill of Sale of an Enrolled Vessel. 
 
 The form for this should be similar to the preceding one, excepting that the 
 cenificaie of enrolment should be inserted in place of ihe ceriificate ef regisiry. 
 
120 REGISTRY BOND. 
 
 If a vessel be at sea, a bill of sale of her is good^ prima facie, againsl the 
 claims of all persons. And it is only subject to be defeated by the negligence 
 of the vendee in taking possession of her after her return — S M- R. '287. 
 
 No Bill of Sale of a vessel or part thereof, is valid, except as against gran- 
 tors, unless such bill of sale, mortgage, hypothecation, or conveyance be re- 
 corded in. the office of the collector of the customs where such vessel is regis- 
 tered or enrolled. — Boitomry however does not lose its priority. — Colleciors 
 must record all such bills of sale, &c. ; and keep an Index for the convenience 
 of those concerned, and for their inspection during office hoars ; collectors shall 
 furnish certified copies of such records, on the receipt of fifty cents. The oath 
 of ownership must set forth the part of each vessel belonging to each owner 
 and the same must be inserted in the register or enrolment. — Law o/1850. 
 
 All complaints in writing to Consuls or Commercial Agents, that a vessel 
 is unseaworthy, shall be signed by the first, or second and third officers, and 
 a majority of the crew, before the consul or commercial agent shall be author- 
 ized to notice such complaint, or proceed to appoint inspectors. 
 
 Registry Bond, 
 
 [Ships, or vessels, if not registered, lose the privileges and benefit of ships of 
 the United States, and are deemed foreign vessels; and, if found inthe 
 coasiing trade, or fisheries, vi^ithout being registered or licensed, with _do« 
 mestic goods on board, must pay foreign tonnag-e dutiesj and if with foreign 
 goods on board are liable to forfeiture.] 
 
 Know all men by these presents, That we^ A. B. and C. D. 
 are held and stand firmly bound to the United States of America, in the 
 
 full sum of dollars j to which payment well and truly to be made, we 
 
 bind ourselves, our heirs, executors and administrators, jointly and sev- 
 erally, by these presents, sealed with our seals. 
 
 Dated this ■ ■ day of , one thousand eight hundred and . 
 
 The condition of this obligation is, That whereas, L. L., Collector for 
 
 the District of •. has issued and granted a Certificate of liegistry in 
 
 the manner prescribed by the Act entitled ** An Act concerning the Reg- 
 
 isteting and Recording of ships or vessels," for the called the , 
 
 of the burthen of ■ tons, whereof E. F. is at present master, which 
 Certificate is dated on this day, and numbered . • 
 
 Now, therefore, if the said Certificate of Registry shall be solely used 
 for the said vessel for which it had been granted, and shall not be sold, 
 lent or otherwise disposed of to any person or persons whomsoever; and 
 in case the said vessel shall be lost, or taken by an enemy, burnt or broken 
 up, or shall otherwise be prevented from returning to the port to which 
 she belongs, if the said Certificate (if preserved) sTiall, within eight days 
 after the arrival of the master or person having the charge or command of 
 the said vessel within any District of the United States, be delivered up 
 to the Collector of such District; or if any foreigner or any person or per- 
 sons for the use and benefit of such foreigner, shall purchase, or otlierwise 
 become entitled to, the whole or any part or share of or interest in the said 
 vessel, the same being within a District of the United States, if the Cer- 
 tificate shall, within seven days afler such purchase, change or transfer of 
 property be delivered up to the Collector of said District ; or if such pur- 
 chase, change or transfer of property shall happen when the said vessel 
 shall be at any foreign port or place, or at sea, if the master or person 
 having the charge or command thereof, shall within eight days after his 
 arrival within any District of the United States, deliver up the said Cer- 
 tificate to the Collector of such Districtt then the said obligation shall be 
 void, and of no effect ; but otherwise shall remain in full force and virtue. 
 
 Signedj sealed and delivered in presence of Signatures and Seals, 
 
SEQUEL. 
 
 TO THE 
 
 BUSINESS MAN'S LAW LIBRARY. 
 
 A 
 
 CONVEYANCER'S 
 
 ASSISTANT. 
 
SEQUEL TO THE "BUSINESS MAW'S LAW LIBRARY." 
 
 DIRECTIONS & FORMS 
 
 FOR THE 
 
 Of DEEDS 
 
 TO BE 
 
 USED OR RECORDED IN OTHER STATES. 
 
 Jute ul:^ fmhMuB 
 
 OF 
 
 EXECUTORS & ADMINISTRATORS. 
 
 This volume contains the General 
 Rules relating to the Nature of 
 DeedSj and Directions and Forms 
 fortheir Execution and Acknowl- 
 edgment required by the Statutes 
 of each State. 
 
 The Duties and Liabilities of Exec- 
 utors and Administrators^ "with 
 Forms of Deeds and Petitions, 
 
 Guardianship. — Rights and Duties of 
 Parents and Cnildren. 
 
 Liabilities of Minors. 
 
 Law of Wills, with Forms of "Wills, 
 
 &c., &c., &c. 
 Law 'of Partnership, with Forms of 
 
 Special Partnerships. 
 Law of Principal and Agent. 
 Offences against Trade. 
 Usury ; Rates of Interest in all the 
 
 States ; Forfeit for Usury. 
 Obtaining Money, Goods, &c., by 
 
 False Pretences; Fraud. 
 
 By I. R. BUTTS. 
 
 Authorofthe" Business Man's Law Library"; "U. Stales Business Man's 
 Law Cabinet"; "Merchant's and Mechanic's Assistant"; &c. 
 
 BOSTON: 
 PUBLISHED BY I. R. BUTTS, 
 
 COKNEB OF SOHOOIi & "WASHIlirGTOlir STREET. 
 (Over the Bookstore of Ticknorand Fields.) 
 
Entered accoiding to Act of Congress, in the year 1857, 
 
 Br 1. R. BUTTS, 
 
 in the Clerk's Office of the District Court of the District of Massachusetts 
 
CONTENTS. 
 
 INTRODUCTION. 
 
 General Requisites of a Deed. 
 
 Page 
 What is material in a Deed ? . 7 
 Chancellor Kent's form of deed, . 7 
 Parties to a deed, who can be, , 7 
 
 Consideration, 8 
 
 Description, 8 
 
 Appurtenances, what will pass as ? 8 
 Incumbrances, law respecting, . 9 
 Habendum, . . . . . 9 
 Covenants, the effect of, . . 9 
 
 Date, 9 
 
 Erasures, how should be made, 9 
 Altering Deed, effect of, . . 9 
 
 Signing, 9 
 
 Seal, what conslitutes . . 10 
 Attesiaiion, how should be made, 10 
 
 Forms of attestation, . . ^ 
 
 Acknowledgment of Deed, . 
 
 Deed, how acknowledged, . 
 
 Certificate of a Governor, Secre- 
 tary of Stale, Clerk of a Court 
 of Record, &c., .... 
 
 Form of Testimonium of a Judge, 
 Mayor, &c.j . . . • 
 
 Form of Certificate of subscribing 
 witness, .... 
 
 Form of Certificate of credible 
 witness, 
 
 Delivery, what is essential lo the. 
 
 Recording deeds. 
 
 Page 
 ^ 10 
 
 Form ofRelinquishment of dower, ISi 
 
 DIRECTIONS AND FORMS FOR THE EXECUTION 
 
 AND ACKNOWLEDGMENT OF DEEDS, TO BE 
 
 USED OR RECORDED IN OTHER STATES. 
 
 Maine, . 
 
 New Hampshire, 
 
 Vermont, 
 
 Massachusetts, 
 
 Rhode Island, 
 
 Connecticut, 
 
 New York, . 
 
 New Jersey, 
 
 Pennsylvania, 
 
 Delaware, . 
 
 Maryland, 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 Georgia, 
 
 Mississippi,. 
 
 Louisiana form of act of sale. 
 
 Louisiana form of Power of At- 
 torney, 28 
 
 Texas, 28 
 
 Tennessee, 29 
 
 Arkansas, 30 
 
 Illinois, 31 
 
 Missouri, 32 
 
 Florida, 33 
 
 Alabama, 33 
 
 Ohio, 34 
 
 Kentucky, 35 
 
 Michigan, 36 
 
 Indiana, . , . . 37 
 
 California, 37 
 
 Iowa, 38 
 
 Wisconsin, 39 
 
 Minnesota, 39 
 
CONTENTS. 
 
 FORMS OF DEBDS. 
 
 Page 
 Deed to a cily, . . . .40 
 Deed by the inhabitants of a town, 40 
 Deed by lax collectorj and Certifi- 
 cate of Witness, . . .41 
 Deed of a corporation, . . 41 
 Deed of several persons to a cor- 
 poration, 42 
 
 Mortgage Note, form of, . .42 
 Deed where grantors warrantsep- 
 
 araiely and not jointly, . . 43 
 Deed ol Quitclaim, ... 43 
 Deed of Trust— Real Estate, . 44 
 
 Page 
 
 Deed of Trust— Personal Estate, 44 
 
 Deed of Trust— Iowa, . . . 45 
 
 Declaration of Trust, . , 45 
 
 Sheriff's Deed .... 45 
 
 Deed by Executor, ... 46 
 
 Deed by Administrator, , . 46 
 Deed by an administrator of an 
 estate, which an intestate had 
 
 by deed bound himseifto convey 47 
 Deed by an executor under an 
 
 authority in a will, , . .48 
 
 Deed by Guardian, . . . 4S 
 
 DUTIES AND LIABILITIES OF EXECUTORS AND 
 ADMINISTRATORS. 
 
 APPOINTMENT OP ADMINISTRATOR. 
 
 Administrator, how appointed, . 51 
 Adm'inisiration, to whom granted, 51 
 Who can administer? . . .51 
 Difference between an Executor 
 
 and Administrator, . . .51 
 Office and duty of Executor and 
 
 Admiiiistraior, .... 51 
 Character ofjirst petition, praying 
 
 for administration, . . . 52 
 When is creditor entitled to ad- 
 minister? 52 
 
 If widow decline administering, . 52 
 Public administrators, . . 53 
 Business with Probate Court, how 
 
 to be done, .... 53 
 When executors or administrators 
 
 resign? 53 
 
 Course to be pursued against any 
 one suspected of concealing 
 money, &c., or conspiring with 
 others to conceal any will or tes- 
 tamentary instrument, . . 53 
 
 BOND OF ADMINISTRATOR AND NOTICE 
 OP APPOINTMENT. 
 
 Administrator to give bond with 
 
 sureties, ... .54 
 
 When penal sum in ihe bond is 
 
 insufficient, .... 54 
 
 How sureties may be discharged, 54 
 How and where bond may be 
 
 prepared? 54 
 
 Form of Bond — note^ . . 54 
 
 Form of Bond of Indemnity— «ofe, 55 
 
 INVENTORY AND APPRAISERS. 
 
 Grant of letter of administration, 
 and warrant of appraisal, . . 55 
 
 Notice of appointment of adminis- 
 trator, when and how it must be 
 posted up— no(e, ... 55 
 
 Inventory of property of deceased 
 how made, and within wliat 
 time must be relumed to probate 
 court — note^ . . . .55 
 
 When and how should applica- 
 tion be made by executor or ad- 
 ministrator for sale of personal 
 property, 56 
 
 When is there no need of accounts 
 or Inventory? ... 56 
 
 POWERS OF ADMINISTRATOR FOB 
 THE COLLECTION AND PAYMENT OF 
 DEBTS AND DISPOSAL OF PERSONAL 
 PROPERTY. 
 
 What powers does the law confer 
 on executors and adrarnislrators 56 
 
 Assets, what constitutes, . . 56 
 
 Payment of debts, rule to be ob- 
 served, 56 
 
 Wlien is permission granted for 
 selling all outstanding debts ? . 56 
 
 How long after return of the In- 
 ventory may executor, adminis- ' 
 tralor, creditor, legatee, or any 
 other person petition the judge 
 of probate to sell the whole or 
 any part of the personal estate, 
 at auction ? . . . . .57 
 
 Form of account of sales, . . 57 
 
 When is administrator required 
 to render his account? . . 57 
 
 WHAT IS CONSIDERED PERSONAL 
 ESTATE. 
 
 Leasjes, Stocks, Mortgag;es3 &c., 57 
 
 DISPOSAL OF REAL ESTATE. 
 
 When and how shall administra- 
 tor sell real estate? . . .58 
 
 When can executor or adminis* 
 trator sell real estate held by 
 mortgage or taken in execution ? 59 
 
CONTENTS, 
 
 Page 
 
 UABILITIES OF EXECUTORS AND AD- 
 MIN ISTBATORS. 
 
 Liabilities of executors and ad- 
 ministrators on contracts of the 
 deceased, 50 
 
 Liabiliiies of adrninisirator on 
 notes, and other contracts, . 59 
 
 "Vyhen does an executoror admin- 
 istrator act in his own wrong ? 60 
 
 If part of estates inventoried 
 should be lost, is executor or 
 adrninisirator, chargeable? . 60 
 
 Liabiliiyof selling or embezzling 
 the effecis of the deceased, . 61 
 
 What claims should executor or 
 administrator objecno? . . 61 
 
 How can administrator adjust or 
 compromise claims? . 61 
 
 Can administraioradvance money 
 to pay debts ofihe deceased, 
 and charge Interest? . . 61 
 
 Can executors and administrators 
 buy or compound debts for their 
 ownproGl? .... 61 
 
 Have executors and administra- 
 tors a right to enter real estate ? 62 
 
 When can executors and admin- 
 istrators be made 1(1 pay interest? 62 
 
 Within what time are executors 
 or administrators required to 
 render their first nccouni? . 63 
 
 If executor or administrator refuse 
 
 Page 
 
 or neglect to render his account, 
 when can heir* at law, or lega- 
 tees compel him? , . .63 
 
 WHEN SUIT CAN BE COMMEHCED 
 AGAINST ADMINISTRATOR. 
 
 When and how suit may be com- 
 menced against administrator, 63 
 Wlio may commence suit, . 63 
 
 LIMITATION OF SUITS AGAINST AD- 
 MINISTRATOR. 
 
 Time in which creditors must pre- 
 sent their claims, or be forever 
 barred — note^ ... 64 
 
 Insolvency of the Estate- 
 Dulies of administrator when he 
 finds that the estate is Insolvent, 64 
 
 Distribution of the Estate. 
 When can dislribuiion take place ? 66 
 How is property distributed? . 65 
 To how much of the personal 
 estate is widow entitled ?— wore, 
 When can widow waive the pro- 
 visions made for her in the will? 
 — note. ... 
 
 General Rules of Descent— note, 
 
 estates in dower. 
 To what .is widow entitled? 
 
 66 
 
 ADMINISTRATOR'S FORMS. 
 
 Petition for Administration, by a 
 Widow, .... 68 
 
 Letter of Administration, . 68 
 
 Pethion for Administration by a 
 Husband on his Wife's Estate, 68 
 
 Petition of a Creditor for Admin- 
 istration,, . . . . 68 
 
 Petitimi uf next of kin for Admin- 
 islral inn. when the Widow 
 waives her right, . . .69 
 
 Certificate of Widow, or Widow 
 and nextofkin, declining to Ad- 
 minisi**r, and requesting some 
 other person lo br appointed, 69 
 
 Certificate ofihe Widow, &c., sig- 
 nifying her approbation of Ad- 
 ministrator's account, . . 69 
 
 Petition for sale of Personal Es- 
 tate, 69 
 
 Petition of Administrator for fur- 
 ihertime lo settle his Accounts, 70 
 
 Complaint of Administrator a- 
 gainst persons suspected of 
 concealing Goods of deceased, . 70 
 
 Petiiiun for Distribution of the 
 Estate to heirs at Law, &c., . 70 
 
 Complaint of an Admini-^trator 
 against one who has been in- 
 irusied with Estate of Deceased 
 and refuses to Account, . . 71 
 
 Petition of Widow for allowance 
 out of Personal Estate, . . > 71 
 
 Petition of Heirs at Law, &c., 
 where an Executor or Adminis- 
 trator refuses or neglects to 
 Settle his Account, . . .71 
 
 Form of ResisrnationofExecutor, 71 
 
 Form of Administrator's or Exec- 
 utor's Account, . . . ,79 
 
 Form of Inventory by Appraisers, 72 
 
 Present Value of a Widow's 
 Dower, T3 
 
 GUARDIANS AND MINORS. 
 
 Guardianship, . 
 Rights and Duties of Parents, 
 Rights and Duiies of the Child, 
 Liabilities of Minors^ 
 
 ADM . 1 
 
 Void and Voidable Acts of Mi- 
 nors 79 
 
 How acts of minors can be con- 
 firmed or avoided, . • 70 
 
CONTENTS. 
 
 WILLS, LAW AND FORMS OF. 
 
 Construction of Wills, 
 Witnesses required, . 
 
 Page Page 
 
 . 801 Forms of Wills, .... 82 
 
 80 I Decisions of courts in relation to, 84 
 
 LAW OF GENERAL PARTNERSHIP. 
 
 General Partnership. 
 
 How Partnerships are constituted, 
 Articles of Partnership, how exe- 
 cuted, 
 
 How persons may involve them- 
 selves in the liabilities of Part- 
 
 ners, 
 
 Liabilities of Partners, 
 
 How and when can Partnership 
 
 be dissolved ? ... 
 
 Who are Partners ? 
 Interest in the firm, of a Dormant, 
 
 or Nominal Partner, . 
 What constitutes a Partnership, 
 
 Liabilities of Partners. 
 Decisions of Courts. 
 How can one Partner bind the 
 
 arm? 
 
 When a person joins a partnership 
 what debts does he assume ? . 
 When does the act of one partner 
 become the act of all ? 
 
 Can a majority bind the firm? . 91 
 When is the firm not liable for the 
 
 act of one partner? . . .91 
 When cannot a partner bind his 
 
 co-Partner? , . . ,91 
 
 Dissolution of Partnership. 
 When does a Partnership expire ? 92 
 What dissolves a Parlnership ? . 92 
 When can a partner withdraw? . 92 
 When does the power of one part- 
 ner to bind the Firm cease ? . 93 
 On the dissoluiion by dealli who 
 
 settles the affairs of the firm ? . 93 
 On ihe death of one partner, what 
 course is to be taken by his rep- 
 resentatives to bring the survi- 
 vor to a settlement ? . . .93 
 Can partnership effects be taken 
 
 byatiachmeni? . . . .93 
 How must notice be given of a 
 
 Dissolution of Partnership? . , 93 
 What nef^Iect of the outgoing Part- 
 ner will involve him in liabili- 
 ty for the debts of the Firm ? . 93 
 
 LIMITED OR SPECIAL PARTNERSHIPS. 
 
 Limited Partnership. 
 Limited or Special Partnership, 
 
 how constituted, . . .94 
 ,, Liability of Special Partner, . 94 
 How special partnership must be 
 conducted, 94 
 
 Who should constitute the firm ? , 94 
 What neglect, or omission, will 
 change a Special partner, into a 
 GeneraZ Partner? . . .94 
 Certificate of Special Partnership, 94 
 Articles of Special Partnership, 94 
 
 PRINCIPAL AND AGENT. 
 
 What constitutes an Agent? . 97 
 How are Commercial Agents ap- 
 pointed ? , . . . ' . 97 
 Implied agency, how created? . 97 
 Duty of an Agent, ... 98 
 
 How is the principal held hound 
 
 by the acts of his Agent? . . 93 
 Relative Rights, &c., of Princi- 
 pal AND Agent. 
 Decisions of Courts. 
 When does the Agent become per- 
 sonally liable? . . , .99 
 
 When can Agent appoint a sub- 
 Agent? 99 
 
 When can a commission mer- 
 chant, or factor, sell? . . 99 
 
 To whom can he not sell? . 99 
 
 When has an agent a lien on the 
 properly of his employer? . . 99 
 
 Can an Agent, employed to sell, 
 make himself a purchaser? . 100 
 
 How far is a principal held 
 implicated by the acts of his 
 Agent? 100 
 
 How is Agency terminated? . 100 
 
 OFFENCES AGAINST TRADE. 
 
 Usury, 101 1 Cheating and False Pretences . 103 
 
 Rates of Interest in all the States, 102] Fraud, 106 
 
INTRODUCTION. 
 
 GENERAL REQUISITES OF A DEED. 
 
 1. Deeds. — All instruments signed, sealed aad deliv- 
 ered are, in la'w, Deeds, but in common acceptation, a 
 Deed' is a conveyance of land. 
 
 It is not material if the Deed be in the Jirst or third 
 person, so as the words be aptly applied. Neither is it 
 necessary that the English be true or congruous, for false 
 and incongruous English seldom or never hurteth a Deed. 
 A Deed may be good without habendum, warraniy, reser- 
 vaiion, oi covenant. — Shepkard's Touchstone, p. 55. 
 
 Chancellor Kent says, " a deed would be perfectly 
 competent in any part of the United States to convey 
 a fee, if it was to be to the following eifect : 
 
 " I, A. B., in consideration of one dollar to me paid by C. D., do 
 bargain and .«ell, [or in New Yorif, Illinois, Missouri, and several 
 other States, grant] to C. D. and his heirs, the lot of land [describe 
 it,] witness my hand and seal. Sec." 4 Kent's Com. -461. 
 
 Executors and Administrators need not be named in 
 any legal instrument ; they are bound by every cove- 
 nant, without being named, unless it is such a cove- 
 nant, as is to be performed personally by the covenanter, 
 and there has been no breach before his death. Cro. 
 Eliz. 553. Shephard:s Touchstone, 178. 
 
 2. Paeties. — The parties must be legally able to 
 contract and there must be a subject to contract for ; 
 all which must be expressed by sufficient names. 
 
 If the wife's right of dower or homestead is to be re- 
 leased, she must join with her husband in the deed.* 
 
 A husband and wife may, by their joint deed, convey 
 the real estate of the wife ; and in many states her ac- 
 knowledgment must be taken apart from her husband. 
 
 * In Massacliusetts, and in many states, it is customary for the wife to 
 join with her husband in the execution of the deed, with an express relin- 
 quishment of her right of dower. She may also release her claim to dow- 
 er by her separate deed, subsequent to her husband's sale. [See Form 
 of Deed for relinquishing Dower, at page 12.] 
 
8 REQUISITES TO THE 
 
 If a grantor execute a conveyance by an attorney, 
 it must be executed in the name of his principal, viz. : 
 " A. -B. by C. B. his Attorney." 
 
 A power to execute a conveyance must itself be under 
 seal, and be duly acknowledged and recorded. 
 
 Fcyim of Acknowledgment where the Deed is executed, hy an Attorney. 
 
 State of , County of , ss. 
 
 Be it remembered, &c., personally appeared A. B., by C D.his attorney, 
 and acknowledged the foregoing instrument to be his free act and deed. 
 
 Another Form 0/ Acknowledgment^ iy Attorney. 
 
 State of , County of , s.s. 
 
 Personally appeared A. B., who signed and sealed the foregoing deed as 
 the attorney of the above named C, D., and acknowledged the same to be the 
 free act and deed of the said G. D. 
 
 3. Consideration. — The Deed should be founded 
 upon a good or sufficient consideration, to give validity 
 to it against the claims of creditors or subsequent pur- 
 chasers. A Deed made upon fraud or collusion to de- 
 ceive purchasers or lawful creditors will be void, but 
 not as between the parties themselves ; that is, the 
 grantor or grantee cannot vacate his own act. 
 
 4. Description. — A Deed must contain a distinct 
 description of the land or tenement, how it is bounded, 
 whether on a creek, highw^ay, street, or known and fix- 
 ed monuments, &c, &c. The Deed may refer for a de- 
 scription of the land, or tenement, either to a plan, ano- 
 ther deed, a iviU, or to the actual condition of the estate. 
 Where land is described by metes and bounds, and as 
 containing a certain number of feet, or acres, the descrip- 
 tion by metes and bounds controls the quantity, and 
 where lands are described as bounded by a highway, or 
 creek, the line runs through the middle of the same. 
 
 Appurtenances. A Deed conveying a house, " toilh 
 the appurtenances," will pass the garden, curtilage, and 
 the dose adjoining the house, and on which the house is 
 built; so the conveyance of a wharf and dock "Avith 
 appurtenances," passes the flats in front ; so the con- 
 veyance of a mill, " with the appurtenances," will carry 
 the head of water ; so a right of way, appurtenant to 
 land, is appurtenant to the whole, and if such land be 
 divided, and conveyed in separate parcels, a right of 
 way thereby passes to each of the grantees. 
 
EXECUTION OF DEEDS. 9 
 
 5. Incumbrances. — Reservations, Mortgages, Re- 
 strictions, Liens, E-iglits of Way, &c., &c., should fol- 
 low the Description.* 
 
 6. Habendum, contains the conditions.! 
 
 7. Covenants. — A Deed usually contains several 
 covenants, as follows : the grantor covenants that he is 
 lawfully seized in fee of the premises, that they are 
 free from all incumbrances, [if there are any, they should 
 be referred to here,] and that he will M;arm»ii! anddefend 
 the same against the lawful claims and demands of aU per- 
 sons ; this last clause in italics constitutes a warranty 
 Deed. In a quit-claim Deed there is inserted after these 
 words in italics, claiming hy, through or under me, hut 
 against none other. The effect of covenants is to give to 
 the purchaser a claim for damages, if at any time dis- 
 turbed by an adverse claimant. 
 
 8. Date. — When no date is inserted, the time will 
 be reckoned from the delivery. 
 
 9. Erasures. — When any erasure or interlineation 
 is made in a material part of a Deed, a memorandum 
 thereof should be made in the margin of the Deed, 
 testifying that it was done before execution. 
 
 An altered Deed is a new Deed, therefore a material 
 alteration of a Deed, though with consent of parties, 
 after its execution, will render it inoperative, imless fol- 
 lowed by a re-execirtion, as an original Deed. — 8 Con- 
 necticut Rep. 289. 
 
 10. Signing. — Deed must be signed by the grantors. 
 
 *The laws of Massachusetts require that " In all conveyances of real 
 estate by deed or mortgage^ upon which any incumbrance exists, 'the 
 grantor or grantors, whether in nis or their own right, or as executor, ad- 
 ministrator, assignee, or trustee, shall, before the consideration is paid, 
 make known to the grantee the existence and nature of such incumbrance, 
 so far as they have knowledge of the same, by exception in the deed, or 
 otherwise. In failure of which, such persons shall be punished by impris- 
 onment in the county jail or house of correction for a term not exceeding 
 one year, or by fine not exceeding one thousand dollars. And whenever 
 any real estate is conveyed, free from all incumbrances, and by the records, 
 incumbrances appear to exist, whatever damages the grantee, &c., may 
 sustain in removmg them shall be chareeable to the grantor, &c., and re- 
 covered in an action of law." Mass. Laws, p. 26, 1855. 
 
 t And here it would be well to observe that the grantee should fully 
 apprehend the conditions expressed in the deed. "Where one conveyed a 
 house, " on condition that no windows should be placed in the north wall 
 for thirty years," and windows were made within that time, it was held 
 that this could not be construed as a covenant, and the estate was wholly 
 forfeited. 8 Pick. 284. 
 
 ADM 1* 
 
10 EEQTJI SITES TO THE 
 
 11. Seal. — The common law intended by a seal, an 
 impression upon wax, wafer, or other tenacious sub- 
 stance. In most of the eastern and middle states a seal 
 is, ordinarily, impressed on a piece of paper affixed to 
 the Deed by a wafer at the end of each name. In some 
 of the southern and western states a scroll of the pen, 
 or circle of ink at the end of each name is substituted ; 
 and in a few states neither seal nor scroU is required. 
 
 It is advisable to use the ordinary seal in all cases 
 where the person is not familiar with the state laws. 
 
 12. Attestation. — In many of the states two idtnesses 
 are required to attest the execution of a deed ; in some 
 only one, and in a few none. It is safer, where persons 
 are not acquainted with the statutes of each state, to 
 have two attesting witnesses to legal instruments. 
 
 Form of Jlttestation. 
 Signed, sealed, and delivered, by the within named, [or above 
 named] A. B., 
 
 ff'the party be deaf and dumb, say : 
 who being deaf and dumb, but capable of rea line, the same was 
 first read over by him, and he seemed perfectly to understand the 
 contents thereof, in the presence of 
 
 If by a person blind, say: 
 and he being blind, the same was carefully and audibly read over 
 to him in the presence of 
 
 If in case of erasures in legal instruments, say : 
 Signed, sealed, and delivered by the above named A. B., the 
 words, [here copy the words] having been previously interlined in 
 the fourth and fifth lines of the first page, or written over oblite- 
 rations, between [mentioning the lines and page}, or the word 
 Henry having been previously interlined between the words &.C., 
 and the name of /. Hogan written on an erasure or erasures in the 
 fifth line of the second page thereof, in the presence of 
 G. H. 
 E. M. 
 
 13. Acknowledgment. — The acknowledgment of 
 Deeds is made by the grantors, or by attorney, or 
 proved before a commissioner appointed to take ac- 
 knowledgment or proof of Deeds and other instruments, 
 or before a judge, or justices of the United States courts, 
 judges of courts of record, notaries public, justices of 
 the peace, mayors of cities, or such officers as are au- 
 thorized by the laws of the states to take acknowledg- 
 ments of deeds. In some states the acknowledgment 
 
EXECUTION OF DEEDS. 11 
 
 is required to have a certificate attached thereto, of the 
 secretary of state, or the clerk of a court of record, or 
 other proper certifying officer, to the following effect : 
 
 Form of Certificate of a Governor, or Secretary of State, Clerk 
 of a Court of Record, ^c. 
 
 Slate of County of I 
 
 Court of (■"• 
 
 The above named A. B. is a Justice of the Peace in and for our 
 County of S., duly qualified, and [/ am acquainted with his hand- 
 writing,] and [believe his signature and seal to be genuine ;] [and 
 the above or (within) deed is executed and acknowledged accord- 
 ing t") the laws of this State.'i 
 
 [Seal] In testimony whereof, I have hereto set the Seal oi 
 
 said Court, this day of , 185 . 
 
 C. D., Clerk, Src. 
 
 Testimonium of a Mayor of a City, or other Officer. 
 
 In testimony whereof, I, A. B., Judge of the Court of , in 
 
 the State aforesaid, do hereunto subscribe my name, and set the seal 
 
 of said court, on the day and year first above written. 
 
 [Official Seal ] " A. B., Judge of, Ifc. 
 
 In general the full official title of the acknowledging 
 officer must be attached to the certificate ; and his offi- 
 cial seal annexed. 
 
 In countries without the United States, acknowledg- 
 ments are taken before a Commissioner, (if one has 
 been appointed), or an Ambassador, Minister, Consul, 
 or other representative of the United States. 
 
 In acknowledging a Deed the grantor must appear 
 before the officer, and if he is not known to him, he 
 should take with him a witness to prove his identity. 
 In most of the states the wife must be examined pri- 
 vately and apart from her husband. 
 
 A certificate of the acknowledgment of a Deed is not 
 good unless it is in «<6stow««aZ compHance with the laws 
 of the state in which the land is situated. It need not 
 however follow the exact words of the statute. 
 
 In some states if a deed is proved, it must appear 
 that the witness proving it was a subscribing witness. 
 Form of Certificate of Proof of a Subscribing Witness. 
 
 State of Kj 
 
 County of J ' . . _ , ^ ^t 
 
 I A. B., a commissioner, &c. [or, justice of the peace of the 
 county aforesaid] hereby certify that C. D., a subscribing witness 
 to the foregoing conveyance, known to me, appeared before mc this 
 day, and being sworn, stated that S. B., the grantor in the convey- 
 ance, voluntarily executed the same in his presence, and in the 
 
12 REQUISITES TO THE EXECUTION OF DEEDS. 
 
 presence of the other subscribing witness, on the day the same bears 
 date ; that he attested the same in the presence of the grantor and 
 of the other witness, and that such other witness subscribed his 
 name as a witness in his presence. 
 
 Given under my hand, &c. 
 
 Or, 
 
 Personally came H. L., a subscribing witness to the within con- 
 veyance, [or other instrument,] and made oath, that he saw C. D., 
 the grantor, sign, seal, and deliver the same as his act and deed. 
 
 In testimony, &c. 
 
 Many states require that the party shall be person- 
 ally known to the officer, or proven to be the party 
 under the oath of a credible toitness — which must be so 
 stated in the certificate, as follows : 
 
 Who are proven to me by the testimony, under oath, of G. H., a cred- 
 ible witness. [See Execution of Deeds.] 
 
 1 4. Delivery. — A Deed takes effect from its delivery. 
 After the delivery the estate vests in the purchaser, 
 though the grantor keep the Deed, or fraudulently ob- 
 tain and destroy it. No particular form is necessary for 
 the delivery of a Deed ; an act which indicates an inten- 
 tion of putting the purchaser in possession is sufficient. 
 
 15. Recording. — Every Deed should be recorded, 
 registered, or enrolled in the county or town where the 
 land lies. If not recorded it is good only against the 
 grantor and his heirs, and void against subsequent at- 
 taching creditors of the grantor, or purchasers, having 
 no notice of the first conveyance. In some states a 
 certain time is allowed within which a Deed should be 
 recorded. It is safer to have Deeds recorded as soon 
 after their execution as possible. 
 
 No Deed is entitled to record unless duly acknowl- 
 edged, or proved. 
 
 ' Separate Relinquishment of Sower on Husband's Deed. 
 Slate of > 
 
 County of l^^' 
 
 Know all men by these presents, That I, CD., wife of the 
 within named A D., in consideration of one dollar to me paid by the 
 within named E, F., do hereby relinquish and release unto the said E. F. 
 his heirs and assigns forever, all my dower, and right of dower in the 
 premises within described. 
 
 In witness whereof, &c. C. D. [L. s.] 
 
 In presence of 
 
 In Massachusetts a deed of release of dower by a wife must be executed 
 jointly with her husband ; and in some Stales it must state that the relinquish- 
 ment was made separate and apart from the husband, and was made freely 
 and voluntarily, ic. 
 
DIRECTIONS AND FORMS 
 
 FOK THE 
 
 [The following Forms of Acknowledgment .were furnished for this work, 
 by B. H. CnEKlER, Counsellor at Law, and Commissioner for all the 
 States to take Acknowledgments of Deeds and other instruments. Office, 
 No. 19 Kilby Street, Boston.] 
 
 Where a married woman is not a party to a deed, that part relating to 
 the loife, in the following acknowledgments, must be omitted. 
 
 MAINE. 
 
 Execution of Deed. 
 
 Deeds must be sealed with a seal. Two witnesses are usual. 
 Wife need not be examined separately ; but she must join her 
 husband in the deed releasing- her claim to dower ; and if her 
 interest be an estate of inheritance, she must also acknowledge 
 the deed as well as her husband. Deed must be acknowledged 
 by one or more grantors, if in a foreign country before a min- 
 ister or consul of the U. Slates, or notary public ; — if in another 
 State before a Maine commissioner, notary public, magistrate, 
 or justice of the peace ; — and if within the State, before a 
 justice of ttie peace ; and recorded immediately in the Registry 
 of Deeds for the county where the land lies. 
 
 Form of Acknowledgment. 
 
 State of [Virginia'] )^ 
 
 County of . > 
 
 Be it renwmbered, that on this day of , 1857, before 
 
 me, B. H. C.,* a Commissioner in and for the State of , 
 
 appointedby the Governor of the State of Maine to take the acknowl- 
 edgmmt and proof of Deeds and other instruments of writing, to 
 be used or recorded in the said State oj Maine, and to administer 
 
 * If the acknowledgment is taken before a justice of the peace, nota- 
 ry public &.C say : " B. H.C., a Justice of the Peace of the Coun- 
 ty aforesaid, personally appeared &c." or, " B. H. C, a Notary Public 
 
 in and for the State of , personally appeared &c."— or, •' before me. 
 
 Judge of the Court of Common Pleas (or other court) >r the Cmnty 
 and State aforesaid, personally appeared &.c."— or, " before me, Mayor 
 of the City of , personally appeared &c." 
 
14 MAINE NEW HAMPSHIRE VERMONT. 
 
 oaths and affirmations, personally appeared D. E.,* and acknowl- 
 edged the above instrument, by him signed and sealed, to be 
 his free act and deed . 
 
 In testimony whereof, I have hereunto set my hand, and af- 
 fixed my seal of office, the day and year first above written. 
 
 B. H. C., Commissioner for Maine, 
 • 
 
 NEW HAMPSHIRE. 
 Execution of Deed. 
 Deeds must be sealed. Two witnesses are required. Wife 
 need not be examined separately ; but she may join with her hus- 
 band in any conveyance of real estate, and also in release of 
 dovper, and in both instances, the deed must be executed and 
 acknowledged by both husband and wife. Deed must be ac^ 
 knowledged,i( in a foreign country, before a minister or consul 
 of the U. States ; — if in another State before a New Hamp- 
 shire commissioner, notary public, or justice of the peace, ; — if 
 within the State, before a notary public, or justice of the peace ; 
 and recorded in the Registry of Deeds in which the land lies. 
 Form of Acknowledgment. 
 
 Commonwealth of Kentucky, ) 
 Countyof . ^ 
 
 Be it remembered, &c., personally appeared the above named 
 D. E.,*and acknowledged the foregoing instrument to be his 
 free act and deed. In testimony whereof I have, &c. 
 
 VERMONT. 
 
 Execution of Deed. 
 
 Deeds must be sealed. Two witnesses are required. If the 
 fee of the estate is in the wife, the husband must join with her 
 in the conveyance, and the wife must acknowledge, separate and 
 apart from her husband, " that she executed said conveyance 
 voluntarily and freely, without any fear or compulsion of her 
 husband." — If the fee is not in the wife she need not unite in 
 a conveyance of the husband's land, as she has dower only in 
 such land as her husband dies seized of. Deed must be ac- 
 knowledged, if in a foreign country before a minister or consul of 
 the U. States ; — if in another State before a Vermont commis- 
 sioner, notary public, magistrate, or justice of the peace; — if 
 within the State before a notary public, master of chancery, 
 justice of the peace, or town clerk ; and recorded in the town 
 clerk's office, or by the clerk of the county where the land lies. 
 
 * When conveyance is acknowledged by husband and wife the certificate 
 should read; "and M. E., his wife, and severally ackuowledgcd the above 
 instrument, by them signed and sealed, to be their free act and deed." 
 
MASSACHUSETTS RHODE ISLAND. 15 
 
 Form of Acknowledgment. 
 
 State of , I 
 
 County of . J **■ 
 
 Be it remembered, &c., personally appearedD.E., thesign- 
 er, and sealer of the above written instrument, and acknowl- 
 edged the same to be his free act and deed. 
 
 In testimony whereof ■ I have hereunto set my hand, &c. 
 
 MASSACHUSETTS. 
 Execution of Deed. 
 Deeds mnst be sealed. Two witnesses are usual. Wife 
 need not be examined separately. A husband and wife may, 
 by their joint deed, convey the estate of the wife, but the wife 
 is not bound by the covenants in the deed ; she may also bar 
 her right of dower in her husband's estate, by joining with him 
 in the deed, therein releasing her claim to dower and homestead. 
 Deed must be acknowledged by one or more grantors, if in a for- 
 eign country, before a Massachusetts commissioner, minister or 
 consul of the U. S. ; — if in another State, before a Massachu- 
 setts commissioner, magistrate, justice of peace, or notary pub- 
 lic ; — if within the state, before any justice of peace ; and record- 
 ed in the office of the Registry of Deeds in which the land lies. 
 
 Form of Acknowledgment. * 
 
 Stale of , I 
 
 County of . 5"- 
 
 Be it remembered, &c., personally appeared the above named 
 D. E.,* and acknowledged the foregoing instrument to be his 
 free act and deed. 
 
 In testimony whereof I have hereunto set my hand, &c. 
 
 RHODE ISLAND. 
 Execution of Deed. 
 Deeds must be sealed. Wife must be examined separately 
 and apart from her husband. Wife's estate must be conveyed 
 by joint deed of husband and wife . If wife dispose of her dower 
 interest, by separate deed, it must be attested by two witnesses. 
 Deed must be acknowledged, if in a foreign country, before a 
 a minister, consul, vice-consul, charge d'affaires or commercial 
 agent of the ll. States, or the same may be executed in the 
 presence of two witnesses, and certified under the hand and offi- 
 cial seal of the grantor, that such deed or instrument is his act 
 and deed ; — if in another State, before a Rhode Island commis- 
 sioner, judge, justice of the peace, mayor or public notary ; — if 
 
 * See note on pieceding page. 
 
16 _ CONNECTICUT NEW YORK. 
 
 within the State, before a senator, justice of the peace, notary 
 public, judge, town clerk, or mayor ; and recorded in the town 
 where the, land lies. 
 
 Form of Acknowledgment. 
 
 State of , I 
 
 County of . $*'• 
 
 Be it remembered, &c., personally appeared the above named 
 D. E., andacknowledgedthe foregoinginstrument to behisvol- 
 untary act and deed, hand and seal. . And at the same time, 
 F. E., wife of the said D. E., personally appeared, and being 
 by me examined separately and apart from her husband, and 
 the said instrument being shown and explained to her by me, 
 acknowledged the same to be her free and voluntary act and 
 deed, and declared that she did not wish to retract the same. 
 
 In testimony whereof 1 have hereunto set my hand, &c.' 
 
 CONNECTICUT 
 
 Execution of Deed. 
 
 Deeds must have a seal or the word " seal " or " L. s." orthe 
 impression of a seal without wax. Two witnesses are required. 
 Wife's estate is conveyed by joint deed of husband and wife. 
 A married woman does not sign the deed with her husband, 
 unless a tenant in common, or otherwise interested in the estate. 
 The widow being entitled to dower in the land only of which 
 her husband died seized. Deed must be acknowledged if in a 
 foreign country, before a consul of the U. States, or notary pub- 
 lic ; — if in another State, before a Connecticut commissioner, a 
 judge, justice of the peace, or notary public, under his seal ; — 
 if within the State, before a U. States or State judge, commis-. 
 sioner of the, school fund, or county surveyor ; and recorded 
 by the register or town clerk. 
 
 Form of Acknowledgment. 
 
 State of , ) 
 
 County of.> . T*' 
 
 Be it remembered, &c., personally appear^pd A. B., signer 
 and sealer of the foregoing instrument, and acknowledged the 
 same to be his free act and deed. 
 
 In testimony whereof I have hereunto set my hand, &c. 
 
 NEW YORK. 
 
 Execution of Deed. 
 
 Deeds must be sealed. Unless acknowledged they must be 
 proved by one subscribing witness, who must state his own 
 
NEW YORK. 17 
 
 place of residence, and that he knows the person described in, 
 and who executed the conveyance. Where the acknowledgy 
 ment is made by the party in person, the ofRcer taking the 
 same must certify to the identity. Wife must be examined 
 separately. Deeds must be acknowledged, or proved, if in a 
 foreign country, before a judge of the highest court in tipper 
 or Lower Canada ; before a minister, charge d'affaires, or any 
 consul of the United States, mayors of London, Dublin, Edin- 
 burgh, or Liverpool, and any person specially authorized by a 
 commission under the seal of the supreme court of this State ; — 
 if in another State, before any justices of the supreme court and 
 district judges ofthe U. States, the judges or justices ef the su- 
 preme, superior, or circuit court of any state or territory, and may- 
 ors of cities ; or before any officer authorized by the laws of such 
 state to take proof or acknowledgment of deeds ; — but in this case 
 to entitle a written instrument to be read in evidence or recorded in 
 this state, there shall be subjoined to the certificate of proof of 
 acknowledgment signed by such officer, a certificate under the 
 name and official seal of the clerk, register, recorder, or pro- 
 thonotary of the county where such officer resides, specifying 
 that such officer was at the time of taking such acknowledg- 
 ment authorized to take the same, and that he is acquainted 
 with his hand writing, and believes the signature to he genuine ; 
 or, the acknowledgment may be taken before a New York com- 
 missioner, in the city or county in which he resided at the time 
 of his appointment — and the certificate must state the day, 
 city, or town and county, within which the acknowledgment or 
 proof was taken ; and there shall be subjoined to it a certificate 
 under the hand and seal of the Secretary of the State of New 
 York, to the effect, that the commissioner was at the time of 
 taking such proof or acknowledgment, authorized to take the 
 same ; that he is acquainted with the hand writing of such 
 commissioner, and that he believes both the signature and seal 
 ofthe said certificate to be genuine; — if within the State, 
 acknowledgment can be taken before justices of the supreme 
 courts, judges of county courts, mayors and recorders of cities, 
 commissioners of deeds in cities, or justices of the^eace in the 
 , towns for which they were appointed. 
 
 The full official title ofthe acknowledging officer should always 
 be attached to his certificate. Deed must be recorded by the clerk 
 ofthe county where estate is situated. 
 
 When any married woman, not residing in this state, joins 
 with her husband in any conveyance of real estate situated 
 within this state, her acknowledgment may be the same as if 
 she were sole (i. e. unmarried), — her sepa,rate acknowledg- 
 ment and private examination not being required. / 
 ' 2 
 
18 NEW YORK. — NE-W JEESET. 
 
 Form of Acknowledgment of Non-ttesident. 
 
 Slate of , County of , ) 
 
 City of—. 'Y'- 
 
 Be it remembered , &c,, personaHy appeared A. B. and C 
 his wife, to meJinown to be the individuals described in, and 
 who executed the within [or above, or annexed] conveyance ; 
 and acknowledged that they executed the same for the purposes 
 therein mentioned. 
 
 In testimony whereof, I have hereunto set my hand and ofB- 
 
 cial seal, at my office in the city of , the day and year first 
 
 above wrifteit. 
 
 To be added to the above if the wife reside in N. York. 
 
 And the said C. acknowledged, on a private exaimination 
 by me made, apart from her husband, that she executed the 
 said conveyance freely, and without any fear or compulsion of 
 her said husband. 
 
 Proof by Subscribing Witness, out of the State. 
 
 Slate of , County of . ; 
 
 City of .' V'- 
 
 Be it remembered, &c., personally came S. H., to me 
 known, who being by me duly sworn, did depose and say, that 
 he resides in the city of , in said county ; that Jie knows 
 
 A. B. and C. B., his wife, the individuals described in, and 
 who executed the within conveyance, that they severally reside 
 in the city of , in the state of , that he was- 
 
 present and saw them execute and deliver the within convey- 
 ance as their act and deed, and that he thereupon became a 
 witness thereto. 
 
 Tn testimony whereof, I have hereunto set my hand and 
 official seal. &o. 
 
 NEW JERSEY. 
 
 Execution of Deed. 
 
 Deeds must be sealed with wax or wafer, but instruments for 
 the payment of money may have a scrawl. Wile must be ex- 
 amined separately. Deed may he acknowledged or proved by 
 one or more subscribing witnesses, if in a foreign country before 
 any ambassador, public minister, charfje d'affaires, secretary of 
 legation, orother representative of the U. S. — if in another slate, 
 before a New Jersey commissioTier, U. Slates or State judge, 
 mayor, or chief magistrate of any city, under the seal of such 
 
PENNSYIVAKIA. 19 
 
 city, -or before any judge of the couit of common pleas, provided 
 ihat a certificate, under the seal of the state, or county court in 
 which' it is made, that he is such officer, shall be annexed to 
 such instrument, as evidence of his authority; — if within the 
 ^tate, before the chancellor, justice of supreme court, master 
 of chancery, or any judge of the court of common pleas for any 
 coujity, and recorded in the office of the clerk of common pleas. 
 
 Form of Acknowledgment, 
 
 State of , > J 
 
 County of . 5 ' 
 
 Be it remembered, That on this day of , in the year 
 one thousand eight kundred and , before me B- H. C, Esq., 
 a Commissioner of the State of Nev? Jersey, appointed by the 
 Governor thereof, to take the acknowledgment of deeds, and 
 other instruments in writing under seal, to be used or recorded 
 therein, personally appeared C. D. and Mary his wife, whcjd 
 am satisfied are the grantors in the within deed of conveyance 
 named ; and I having first made known to them the contents 
 thereof, they did severally acknowledge that they signed, sealed, 
 and delivered the same as their voluntary act and deed for the 
 uses and purposes therein expressed. And the said Mary on a 
 private examination, apart from her husband, before me, ac- 
 knowledged that she signed, sealed, and delivered the same as 
 her voluntary act and deed freely, without atiy fear, threats, or 
 «ompulsion of her husband. 
 
 In witness whereof, I have hereunto set my hand and affixed 
 my seal of office as commissioner aforesaid the day and year 
 first above written. 
 
 PENNSYLVANIA. 
 
 ' Execution of Deed. 
 
 Deeds may have a seal or scrawl . Two witnesses are required. 
 Wife must be examined separately. The words grant, bargain 
 andxc//, shall be adjudged an express covenant to the grantee, 
 his heirs and assigns. Deed must be acknowledged by one of 
 the grantors, or proved by one of the subscribing witnesses; if 
 in foreign cnuntries, before any minister, consul or vice-consul, 
 or notary public, certified under his official seal ; — if in another 
 State, before a Pennsylvania commissioner, or any officer or 
 magistrate of such state authorized by the laws of said state to 
 lake acknowledgments of deeds, and other instrumpnts in wri- 
 ting ; and the proof of such authority shall be the certificate of 
 the clerk of any court of record in such state, that the officer is 
 ■duly qualified by law to take the same ; — if within the State be- 
 fore one of the judges of the supreme court, or one of the justice's 
 
20 DELAWARE. 
 
 of the court of common pleas, alderman of a city, master of the 
 rolls, and justices of the peace, and recorders of any county 
 where the land lies. Deeds must be recorded within six months 
 in the county where the lands lie. 
 
 Form of Acknowledgment. 
 
 State of , 7 ^^ 
 
 County of ^ . J ' 
 
 Before me, the subscriber, Commissioner of the State of 
 Pennsylvania, within and for the State of , personally 
 
 came the above named S. B., and Mary his wife, and acknowl- 
 edged the above conveyance as and for their, and each of their 
 act and deed, and desired that the same might be recorded as 
 such ; she the said Mary, being of full age, and by me, separate 
 and apart from her said husband, duly examined, and the con- 
 tents of the above conveyance fully made known to her, declared 
 Ihat she did voluntarily and of her own free will and accord, 
 and without any coercion or compulsion on the part of her said 
 husband, sign, seal, execute and deliver the same. 
 
 In testimony whereof, I have hereunto set my hand this &c. 
 
 DELAWARE. 
 
 Execution of Deed. 
 
 Deeds may have a seal, or a scrawl of the pen. Two wit- 
 nesses are required. Wife must be examined separately. 
 Deed must be acknowledged, if within the State, before the 
 chancellor, a judge, notary public, or two justices of the peace ; 
 — if without the State, before a Delaware commissioner, judge 
 of a court of record, or chief officer of any city or borough 
 under his official seal ; — and recorded in the county where the 
 estate is situated within one year. 
 
 Form of Acknowledgment. 
 
 State of , ) 
 
 County of . $ "• 
 
 Be it remembered, &c., personally appeared the above named 
 S. B., and Mary his wife, parties to this indenture, known to 
 me personally, [or proved on the oath of G. H.] to be such, 
 and severally acknowledged this indenture, deed, or conveyance, 
 to be their deed ; and at the same time, the said Mary being 
 privately examined by me apart_from her husband, further ac- 
 knowledged that she executed tlie said indenture, deed, or con- 
 veyance, willingly, without compulsion or threats or fear of 
 her husband'sdispleasure. 
 
 Given under my hand and seal of office, the day and year 
 £foresaid. 
 
MAK-rXAI^D. — VIRGINIA. 21 
 
 MARYLAND. 
 Execution of Deed. 
 
 Deeds must be stamped and a seal or scrawl used. Wife must 
 be examined separately. 
 
 Deed must be recorded in the county where the estate is situa- 
 ted. Deed must be acknowledged, if within the State, before 
 a chief or associate judge, or two justices of the peace, who 
 usually attest the execution of the same ; — if without the 
 State, before a Maryland commissioner, the federal judges, 
 or judge of a court of record, (the clerk certifying under the 
 "seal of the court that the person taking the acknowledgment 
 is a duly commissoned judge) ; — if in a foreign country before 
 ■consuls of the United States and vice-consuls. 
 
 Form of Acknowledgment. 
 
 State of , I 
 
 City of: . 5**- 
 
 Be it remembered, and it is hereby certified, that on this 
 ■day of , in the year of our Lord one thousand eight hundred 
 and fifty — , before me, the subscriber. Commissioner of the 
 State of Maryland, duly commissioned and qualified to take 
 depositions, acknowledgments, &c., in the State of , 
 
 personally appeared A. B., and C. B. his wife, they being 
 known to me (or being satisfactorily proven by oral testimony, 
 under oath, received by me), to be the persons named and de- 
 scribed as, and professing to be, the party of the first part to the 
 foregoing deed, and did severally acknowledge the same to be 
 their respective act and deed And the said C. B . , having signed 
 and sealed said deed before me, out of the presence and hear- 
 ing of her husband, and being by me also examined, out of the 
 presence and hearing of her said husband, " whether she doth 
 execute and acknowledge the same freely and voluntarily, -and 
 without being induced to do so by fear or threats of, or of ill 
 usage by, her husband, or by fear of his displeasure," dg- 
 tilareth and sarth that she doth. 
 
 In testimony whereof, I hereunto subscribe my name, and set 
 my seal of office, on the day and year first above written. 
 
 VIRGINIA. 
 Execution of Deed. 
 Deeds must have a seal or scrawl. Wife must be exam- 
 ined apart from her husband. Deed may be acknowledged, 
 or proved by two witnesses, — if out of the State, before a 
 Virginia commissioner, a notary public, clerk of a court, or jus- 
 tice of the peace, (except that the acknowledgment of a mar- 
 ried woman must be taken before two justices, both of whom 
 2* 
 
22 NORTH CAROLINA. 
 
 must be present) ; — if within the State, before a justice of the 
 peace, notary public, clerk of any county or corporation court, 
 where deed is to be recorded. 
 
 Deed to be recorded in the corporation or county where the 
 land lies. 
 
 Form of Acknowledgment. 
 
 State of , County of , } .. 
 
 City of . 5 
 
 I, B. H. C, a commissioner appointed by the Governor of 
 the State of Virginia, for the said State (or territory) of , 
 do certify, that C. D., whose name is signed to the writing 
 above (or hereto annexed) bearing date on the day of , 
 has acknowledged the same before me in my State (or territo- 
 ry) aforesaid. 
 
 Given under my hand, this day of, &c. 
 
 Certificate of Privy Examination. 
 
 State of , County of , 1 
 
 City of -. J«- 
 
 I, B. H. C, a Commissioner appointed by the Governor of 
 • the State of Virginia, for the said State of , do certify 
 
 that E. D., the wife of C."D. whose names are signed to the 
 writing above (or hereto annexed) bearing date on the 
 day of , personally appeared ^before me, in the county and 
 state aforesaid ; and being examined by me privily and apart 
 fiom her husband, and having the writing aforesaid fully ex- 
 plained to her, she, the said E. D., acknowledged the said 
 writing to be her act, and declared that she had willingly exe- 
 cuted the same, and does not wish to retract it. 
 
 Given under my hand, this day of, &c. 
 
 NORTH CAROLINA. 
 
 Execution of Deed. 
 
 Deeds must have a seal or scrawl. Witnesses not neces- 
 sary. Wife must be examined apart from her husband. Deed 
 must be acknowledged, if out of the State, before a North Car- 
 olina commissioner, or judge of supreme, superior or circuit 
 court, and an attestation of such acknowledgment, by the judge, 
 with a certificate of the governor of the state or territory, that 
 the judge before whom said acknowledgment was taken, was 
 one of the judges of the aforesaid courts of law, must be af- 
 fixed to the deed ; — if. within the State, before a judge of the 
 supreme, superior, or county court where the land lies ; and 
 recorded in the Registry of the said county. 
 
SOUTH CAROLINA. 23 
 
 Form of Acknowledgment. 
 
 State of , ; 
 
 County of . \ ' 
 
 On the day of , in the year of our Lord one thousand 
 eight hundred and fifty , before me, A. B., a Commissioner 
 appointed by the State of North Carolina, in and for the State 
 of , personally appeared C. D., and E. D. his wife, 
 
 grantors named in the annexed (or foregoing) deed, and several- 
 ly-acknowledged the execution thereof as their act and deed. 
 
 And the said E. D. being by me privately examined, separate 
 and apart from her husband, touching the execution thereof, 
 and it appearing that she had executed the same freely, and of 
 her own will and accord, and without any force, fea,r, or undue in- 
 fluence of her said husband, and that she doth voluntarily assent 
 thereto, — let it be recorded. 
 
 In witness whereof. I have hereunto set my hand and seal &c. 
 
 SOUTH CAROLINA. 
 Execution of Deed. 
 Deeds must have a seal or scrawl. Two witnesses are re- 
 quired. Wife must be examined separately. Deed may be 
 acknowledged, if out of the State, before a South Carolina com- 
 missioner ; — within the State, it may be proved before any 
 magistrate, judge, or justice of the peace. The practice in the 
 State is to prove. the execution of a deed by a subscribing wit- 
 ness. Deed to be recorded by the register of the district. 
 
 Form of Acknowledgment before a Commissioner. 
 
 State of , K^ 
 
 County of . ) 
 
 I, B. H. C, a Commissioner in and for the State of , 
 
 appointed by the Governor of the State of South Carolina, to 
 take the acknowledgment and proof of deeds and other instru- 
 ments of writing to be used or recorded in said State of South 
 Carolina, &c., do hereby certify that A. B. did this day appear 
 before me, and acknowledged that he did sign, seal, and de- 
 liver the within conveyance, unto the within named E. F., for 
 the uses and purposes therein expressed. 
 
 Given under my hand and seal this day of A. D. 18 — . 
 
 Form of Proof oft Deed by subscribing Witness. 
 
 State of , ) j^ 
 
 County of . J 
 
 On the day of , in the year of our Lord one thousand 
 eight hundred and fifty—, before me, B. H. C, &c., personally 
 appeared J. D.,who being duly sworn, made oath, that he and 
 R. R. saw C. D., the grantor in the above (or within) convey- 
 
^4 SOUTH CAROLINA- — GEORGIA. 
 
 ance, sign, seal, and as his act, deliver the above conveyance^ 
 and that they, the said J. D. and R. R., subscribed their names 
 as witnesses thereto. 
 
 Swol-n before me the day and yeat first above written. 
 Form by Wife^ releasing her Dower. 
 
 State of , ^^^ 
 
 County of . \ " 
 
 J) B. H. C. a Commissioner, &c., do hereby certify, unto all whom h may 
 concern, that M. D , the wife of the within named C. D.. did this day appear 
 hefore rae, and upon being privaiely and separately examined by me, did 
 declare that she does freely, voluntarily, and without any compulsion, dread, 
 or fear of any person or persons wtiomsoever. renounce, release and forever 
 relinquish unto the wlthm named B. F.,his heirs and assigns, all her interest 
 and estate, and also all her right ahd cluim of dower of, in, or to all and sin- 
 gular the premises within mentinned and released. M. D. 
 
 Given under my hand and seal ihifi day of , 185—. 
 
 Form of Renunciation of an Inheritance. 
 
 State of , I ^ 
 
 County of- — . J**" 
 
 I, B. H. C, a Commissioner, &c., do hereby certify unto all whom it may 
 concern, that M. D-, the wife of the within named C- D., did this day appear 
 before me, and upon being privaiely and separately examined by me, did 
 declare that she did actually join her husband in executing^ the within re- 
 lease, Hnd that the same Was positively and hnnajide executed, at least seven 
 days before this her examination, and that she did then, and slill does 
 freely, voluntarily, and without any manner of compulsion, dread, or 
 fear, of any person or persons whomsoever, renounce, release, and forever 
 relinquish, unto the wiihin named E. F.. his heirs and assigns, all her estate, 
 interest, and inheritance in all and singular the premises within mentioned 
 and released. M. D. 
 
 Given under my hand and seal this day of , A. D. 185—. 
 
 GEORGIA. 
 
 Execution of Deed. 
 
 Deeds must have a seal or scrawl of the pen. Two witnesses 
 are required. Wife must be examined separately. Deed 
 must be .acknowledged, if in a foreign country, before a consul 
 or vice consul of the U . States ; — if out of the State, it may be 
 ■acknowledged, or proved by one of the subscribing witnesses, 
 before a Georgia commissioner, a governor, chief justice, mayor, 
 or judges of the federal courts, — if within the State, before a 
 justice of the peace, or a justice or associate justice, or aclerkof 
 the court ; and registered by the clerk of the court within one year. 
 
 Form of Acknowledgment. 
 &iate of , > 
 
 City of . 5»»- 
 
 Be it remembered, that on the day of , 185 — , before 
 me, B. H. C, a Commissioner of the State of Georgia, &c., 
 A. B. personally appeared, and M. his wife, to me known to 
 be the persona described in, and who executed the foregoing 
 
MISSISSIPPI. — LOUISIANA. 25 
 
 deed of conveyance, and severally acknowledged, that they ex- 
 ecuted the same ; and the said Mary, the wife of the said A. B. 
 on a prtvate examination, acknowledged and agreed that she 
 did, of her own free will and accord, suhscribe, seal, and'deliv- 
 er the said deed, with an intention thereby to renounce, give 
 up, and forever quit claim her right of dower and thirds, and 
 all her otlieriinterest of, into, and to, the lands and tenements 
 therein mentioned. 
 In testimony whereof, I have hereunto set my hand this &c. 
 
 MISSISSIPPI. 
 Execution of Deed. 
 Deeds must be sealed. Two witnesses are required. Wife 
 must be examined separately. Deed must be acknowledged, or 
 proved by one or more of the subscribing witnesses, if in a for- 
 eign country, before any court of law, mayor, or chief officer of 
 any city, borough or corporation, certified and ^authenticated in 
 the usual manner ; if in any other State, before a Mississippi 
 commissioner, judges of the federal «ourts, or any judge or 
 justice of the supreme or superior courts of any state ; — if with- 
 in the State, before a judge of the supreme court, justice of the 
 peace, notary public, or justice of a county court ; apd recorded 
 with the clerk of the county court where the land lies. 
 
 Form of Acknowledgment. 
 
 Stale of , ; 
 
 County of . 5 **• 
 
 Personally appeared before me, B. H'. C, a Commissioner of 
 the State of Mississippi, duly appointed by the Governor there- 
 of, to take the proof and acknowledgment of deeds and other 
 instruments of writing, under seal, in , to be used 
 
 or recorded in the said State of Mississippi, the within (or above) 
 named A. B., and M. B. his wife, who severally acknowledged 
 that they signed, sealed, and delivered the foregoing deed [or 
 instrument] on the day and year therein mentioned, as their act 
 and deed. And the said M. B., did, moreover, on a private ex- 
 amination made ofher by me, apart from her husband, acknowl- 
 edge that she signed, sealed and delivered the same as her vol- 
 untary act and deed, freely, without any fear, threats, or com- 
 pulsion ofher said husband. 
 
 In testimony whereof, I have hereunto, &c. 
 
 LOUISIANA. 
 Execution of Deed. 
 In Louisiana two free male witnesses are required, who must 
 be at least fourteen years of age. The transfer of real proper- 
 
26 LOUISIANA. 
 
 ty, is effected, not by deed, as in the other States, hut by a 
 proceeding called " the Act of Sale." It is the agreement of 
 the parties for the sale and purchase of the property, fentered 
 into % them and reduced to writing and signed by all. 
 
 These acts of Sale are divided into private and auihenlic acts. 
 Private when under the hand of the parties only. Authentic 
 when executed before a Notary Public ; which yg, done by the 
 parties appearing before the Notary, and his reducing the terms 
 of the agreement to writing, and signing it together with all 
 the parties in the presence of two witnesses, /ree mak, and 
 aged, at least fourteen years, or of three witnesses, if the party 
 be blind. If the party does not know how to sign, the Notary 
 must cause him to affix his mark to the instrument. 
 
 The act of Sale, when Private, must be registered in the 
 Parish where the property lies, by the Register thereof. If 
 the act of Sale be Authentic, it shall be sufficient if its registry 
 be made on a certificate presented- from the Notary who shall 
 have passed the said act. 
 
 Form of Act of Sale, with Wife's Renunciation. 
 
 State of , ; 
 
 City of — . r'- 
 
 Be it known, that tliis day, before me, A. B., a notary pub- 
 lic, in and for the city of , State of , aforesaid, duly 
 
 commissioned and qualified , personally came and ap peared CD., 
 
 gentlemen, of the city of , and Commonwealth (or State) 
 
 of , but now temporarily resident of the city of , afore- 
 said, who declared that for the consideration hereinafter ex- 
 pressed, he does, by these presents, grant, bargain, sell, convey, 
 transfer, assign, and set over, with all legal warranties unto 
 E. F., of this ciiy, the said grantee, being here present, ac- 
 cepting and purchasing for himself, his heirs and assigns, and 
 acknowledging delivery and possession thereof; a certain lot of 
 ground, together with all the buildings and improvements tliere- 
 on, rights, ways, privileges, and appurtenances thereto belong- 
 ing, situated in the faubourg , in the first district of , 
 
 &c., [here give the measurements in French measure, or other- 
 wise, with description and boundaHes.] 
 
 To have and to hold the said property unto the said pur- 
 chaser, his heirs and assigns forever. And the said vendor 
 for himself and his lieirs, the said property herein conveyed to 
 the said purchaser, his heirs and assigns, shall and will war- 
 rant and forever defend against the legal claims of all persons 
 whomsoever. And the vendor does moreover subrogate the 
 said purchaser to all the rights and actions of warranty, which 
 he now has or may have against his own vendor, or against 
 the vendors of his vendor, fully authorizing the said purchaser 
 
LOUISIANA. 27 
 
 to exercise the said rights and actions in the same manner as, 
 he himself might or could have done. 
 
 This sale is made and accepted for and in consideration of 
 the sum of seven thousand two hundred and fifty dollars, in full 
 payment, which the said vendor acknowledges to have received 
 from the said purchaser, in ready current money, delivered in 
 the presence of the undersigned notary and witnesses, for which 
 a full acquittance is hereby granted. 
 
 And now personally came and appeared Mrs. M. D., of law- 
 ful age, the wife of said C. D., who did declare unto me, no- 
 tary, that it is her wish and intention, to release in favor of the 
 said E. F., his heirs and assigns, the property herein described, 
 from the matrimonial, dotal, paraphernal and other rights, and 
 from any claims, mortgages, or privileges to which she is or 
 may be entitled, whether by virtue of her marriage with the 
 said C. D., or otherwise. 
 
 Whereupon, I, the said notary, did inform the said Mrs. D., 
 apart and out of the presence and hearing of her said husband, 
 and before receiving her signature, that she had by law a legal 
 mortgage on the property of her said husband ; first, for the 
 restitution of her dowry, and for the reinvestment of the dotal 
 property sold by her husband, and which she brought in mar- 
 riage, reckoning from the celebration of the marriage ; second- 
 ly, for the restitution and reinvestment of the dotal property by 
 her acquired since marriage, whether by succession or dona- 
 tion, from the day the succession was opened, or the donation 
 perfected ; thirdly, for nuptial presents ; fourthly, for debts by 
 her contracted with her said husband ; and fift)ily, for the 
 amount of her paraphernal property alienated by her, and re- 
 ceived by her said husband, or otherwise disposed of for the . 
 individual interest of her said husband. 
 
 And the said Mrs. D., did thereupon declare unto me, nota- 
 ry, that she was fully aware of, and acquainted with the nature 
 and extent of the matrimonial, dotal, paraphernal and other 
 rights and privileges thus secured to her by law on the prop- 
 erty of her said husband, and that, availing herself of the 
 rights secured to her by the second section of an act passed by 
 the legislature of the State of Louisiana, authorizing wives to 
 make valid renunciations, &c., approved on the twenty-seventh 
 day of March, eighteen hundred a:nd thirty-five, she neverthe- 
 less, did persist in her intention of renouncing, not only all the 
 rights, claims, and privileges hereinbefore enumerated and de- 
 scribed, but all others of any kind or nature whatever, to which 
 she is or may be entitled by any laws now or heretofore in 
 force in the State of Louisiana. 
 
 And the said husband C. D., being now present, aiding and 
 authorizing his said wife, in the execution of these presents, 
 she the said wife did again declare that she did and does here- 
 
28 LOUISIANA. — TEXAS. 
 
 jjy make a formal renunciation and relinquishment of all her 
 said matrimonial, dotal, paraphernal and other rights, claims, 
 and privileges, in favor of the said E. F., binding herself and 
 her heir^, at all times, to sustain and acknowledge the validity 
 of this renunciation. 
 
 Thus done and passed in my office, in the city of , in the 
 
 presence of B. W. and C. L., witnesses of lawful age, and 
 domiciliated in this city, who hereunto siga their names, to- 
 gether with the said parties, and me, the said notary, on this 
 
 ■ day of , in the year one thousand eight hundred 
 
 and fifty-seven, 
 
 f TJ w C. D. [L. s.] 
 
 Witnesses, j g' £^ ' M. D. [l. s.] 
 
 ' * ' E. F. [l. s.] 
 
 [l. s.] a. B. Notary Public (or, Louisiana Commissioner.) 
 
 Letter^ or Power of Attorney. 
 United States of America. 
 
 State of 
 
 City of 
 
 Be it known, that this day before me, A. B., a notary public in and for the 
 
 city of , and Commonwealth (or State) of , duly commissioned 
 
 and qualified, and in presence of the Witnesses hereinafter named and under- 
 signed, personally came and appeared CD., who declared, That he had made 
 and appointed, and by these presents did make, nominate, ordain, authorize, 
 constuul'e, and appoint, and m his place and stead depute and put E. F. to be 
 his true and lawful attorney in fact, general and special, giving, and by these 
 
 £ resents grantinff unto the said attorney, full power and authority for hira in 
 is name and behalf and to his use ; to conduct, manage, and transact all and 
 singular his affairs, business, and concerns, in ... . of whatsoever nature and 
 kind, \vithout exception, or reservation whatsoever ; ihfre state fully and with 
 great particularity the nature of the business to be performed. 1 
 
 And generally to do and perform all and every act, matter and thing w^hat- 
 soever, as shall far may be requisite and necessary touching or concerning 
 the affairs, business, and concerns of the said CD., as fully, amply, and 
 effectually, and to all intents and purposes w^itli the same validiiy as if all 
 and every such act, matter, or thing, were or had been herein particularly 
 slated, expressed, and especially provided for, or as the said C D. could or 
 might do if personally present; also w^ith full power of substitution and revo- 
 cation, the said 0. D. hereby agreeing to ratify and confirm all and w^hatso- 
 ever the said attorney shall lawfully do or cause to be done by viVtue of this 
 act of procuration. 
 
 Thus done and passed in my office, in the city of , in the pres- 
 ence of B. W. and C. L , witnesses, of lawful age. and domiciliated in this 
 city, vyho hereunto, sign their names, together with the said parties, and me, 
 the said notary, on this .... day of . . . . , in the year one thousand eight hun- 
 dred and fifty .... 
 
 ( Signed and Sealed as above.) 
 
 TEXAS . 
 
 Execution of Deed 
 
 Deeds must be sealed, but a scrawl of a pen may be used in- 
 stead, if it is recognized in the instrument as having been used 
 in place of a seal. Two witnesses are required. Wife must 
 
TEXAS. — TENNESSEE. 29 
 
 be examined separately. Deed must be acknowledged, or 
 proved by one subscribing witness — if in a foreign country before 
 a minister, charge d'affaires, or consul of the U. States ; — if in 
 another .State, brfore a judge of any court of record having a 
 seal, which must be affixed to the certificate, or a Texas com- 
 missioner ; — if within the State, before a notary public, or clerk 
 of a county covirt. Deeds are recorded by the clerk of the 
 county court where the land lies. 
 
 Form of Acknowledgment. 
 
 State of , I 
 
 County of . S ' 
 
 Before me, B.'H. C, Commissioner of the State of Texas, 
 duly appointed and commissioned by the Governor thereof, for 
 the State of • , and authorized to take the acknowl- 
 
 edgment of deeds, &c., personally appeared A. B., and C. B. 
 his wife, whose names appear to be subscribed to the foregoing 
 deed to E. F. bearing date the day of , 185 — , and ac- 
 knowledged that they had executed the same for the considera- 
 tion and purposes therein stated. And the said C. B. wife of 
 said A . B., having been examined by me, privily and apart from 
 her husband, and having the same fully explained to her, she, 
 the said C. B., acknowledged the same to be her act and deed, 
 and declared that she had willingly signed, sealed, and delivered 
 the same, and that she wishes not to retract it. 
 
 To certify which 1 hereto sign my name, and affix my seal, 
 this day of , A. D., 185—. 
 
 TENNESSEE. 
 Execution of Deed. 
 
 Deeds may have a seal or scrawl. Wife must be examined 
 separately. Deed must be acknowledged or proved by two 
 subscribing witnesses, if in a foreign country, before any' min- 
 ister or consul of the U. S. under his official seal; if in 
 another State, before a Tennessee commissioner, or a notary 
 public, under his official seal, or before a judge of the supreme 
 or superior court, or any court of record, and the judge shall 
 certify the same under his hand, and the clerk shall certify 
 under his seal of office, as to the official character of the judge ; 
 and by the presiding judge as to the official character of the 
 clerk ; — if in the State, before the clerk of any county court ; 
 and recorded in the office of the register of the county. 
 Form of Acknowledgment. 
 
 Slate of , ;^j 
 
 County of . ) 
 
 Be it remembered, &c., personally appeared the above named 
 A. B., and C. B. his wife, with whom 1 am personally acquaint- 
 
 ADM 3 
 
30 ARKANSAS. — IILINOIS, 
 
 ed, and; acknowledged the foregoing instrument to be their aef 
 and deed. And the said C. B., privately and apart from her 
 husband, acknowledged that she did freely, Voluntarily, and 
 vinderstandiiigly, sign, seal and deliver the said deed, without 
 ■ compulsion or restraint from her said husband, and 'for the 
 purposes therein expressed. 
 In testimony whereof, I have hereunto, &c. 
 
 ARKANSAS. 
 
 Execution of Deed. 
 
 Deeds may have a seal or scrawl. Two Witnesses are re- 
 quired. Wife must be examined separately. Deed may be ac- 
 ' knowledged, if in a foreign country, before any court, or chief 
 officer of a city er town having an official seal ; — if in another 
 State, before an Arkansas commissioner, U . Stales court, or any 
 court having a seal, or the clerk of any such court, or chief offi- 
 cer of any city or town having an official seal ; — if in the state, 
 before the supreme or circuit court, or either of the judges, jus- 
 tices of the peace or notaries public ; and recorded by the record- 
 er of the county where the land' lies. If the grantor be not pei- 
 sonally known to the officer, he must be satisfactorily proven. 
 
 Form of Acknowledgment, 
 
 State of , ) 
 
 Comty of . 5 '" 
 
 Be it known, &c., personaHy came and appeared A. B,, the 
 grantor in the above deed, to me personally well known, and 
 acknowledged that he voluntarily executed and delivered the 
 foregoing deed, for the uses and purposes and consideration 
 therein expressed, and- desired the same to be certified. 
 
 And on the same day, and at the same place, also came per- 
 sonally before me, C. B., wife of said A. B., of full age, and 
 to me well known, who being there by me examined, in the 
 absence of her said husband, and the contents of the foregoing 
 deed being by me fully explained) to her, she declared that she' 
 had of her free will executed the same for the uses and purposes 
 therein expressed, without compulsion or uridue influence of 
 her said husband, and desired the same to be certified. 
 
 In testimony whereof, I have hereunto set my hand, &c. 
 
 ILLINOIS. 
 
 Execution of Deed. 
 
 Deeds may have a scrawl of a pen for a seal. Two witnesses 
 are usual. Wife niust be examined' separately. No law of 
 
ILLINOIS. 31 
 
 this State prescribes the form of a deed, but one made in the 
 usual form containing the words grant, bargain and sell shall 
 be adjudged an express covjpnant to the grantee, his heirs and 
 other legal representatives. Deed may be acknowledged, if in . 
 a foreign country, before a U. States consul, who shall certify 
 ander his official seal, that the deed is executed in conformity 
 with the law of the country ; — if in another State before a judge 
 or justice of the supreme or district courts of the United States, 
 judge or justice of the supreme, superior, or circuit courts of 
 any state or territory, and justices of the peace; and such deed 
 may be acknowledged in conformity with the laws of such state 
 or territory, provided, that any clerk of a court of record under 
 his hand and seal shall certify that such deed is executed and 
 acknowledged in conformity with the laws of such state or 
 territory. No judge or other officer shall take the acknowl- 
 ledgment of any person, unless such person be personally known 
 to him to be the real person, or shall be proved to be such 6y 
 a credible witness. And the officer taking the acknowledg- 
 ment shall in his certificate state that such person was personally 
 known to him, or that he was proved to be such by a credible 
 witness (naming him) ; and when the d^ed is proved by suh- 
 seribing witnesses, the officer must ascertain that the person 
 who offers to prove the same, is a subscribing witaess, either 
 from his own knowledge, or a credible witness — and shall grant 
 a certificate to that effect ; or deeds may be acknowledged or 
 proved before a mayor of a city, clerk of a court of record, or 
 notary public, under their official seals ; — or befgre an Illinois 
 commissioner, and there shall be subjoined or affixed to the 
 certificate of the commissioner, a certificate under the hand and 
 seal of the Secretary of State that such commissioner was, at 
 the time of taking such proof or acknowledgment, authorized 
 to take the same, and that the Secretary is acquainted with the 
 hand-writing of such commissioner, or has compared the signa- 
 ture to such certificate with the signature devposited in his office, 
 and that he believes both the signature and seal of the said 
 certificate to be genuine. Deed must be recorded in the county 
 where the land lies. 
 
 Form of AeJcnowledgment. 
 
 State of , County of , ) ,, 
 
 City of . 5 "• 
 
 Be it remembered, that on this day of , in the year of 
 flur Lord one thousand eight hundred and fifty — , in the city and 
 county aforesaid, before me, B. H. C, a commissioner residing 
 in said county, duly appointed and commissioned by the Gover- 
 nor of the State of Illinois, to take the acknowledgment and 
 proof of the execution of deeds and other instruments in writing 
 under seal, to be used or recorded in said State of Illinois, per- 
 
32 
 
 MISSOURI. 
 
 sonally appeared A. B., and C. B. his wife,* who are personally 
 known to me, to be the persons whose names are subscribed to 
 the foregoing deed as having executed the same, and acknowl- 
 , edged that they executed the same, for the uses and purposes 
 therein expressed. And the said C . B . , wife of the said A . B . , 
 being of lawful age, and having been by me, separate and apart 
 from her said husband, examined, and the contents of the said 
 deed fully made known and explained to her, acknowledged 
 that she had executed the same, and relinquished her dower to 
 the lands and tenements therein mentioned, voluntarily, freely 
 and without compulsion of her said husband. 
 
 In witness whereof, 1 have hereunto set my hand and afBxed 
 my official seal as Commissioner of the said State of Illinois, at 
 my office in the city of Boston, in the county and state aforesaid, 
 this day of , A. D., 185—. 
 
 * Or, who are proven to me on the oath of G. H. a credible witness. 
 
 MISSOURI. 
 Execution of Deed. 
 Deeds may have a- scrawl of the pen instead of a seal . Wife 
 must be examined separately and apart from her husband. 
 The words grant, bargain and sell, shall, unless restrained by 
 express terms, be construed to be express covenants on the part 
 of the grantor, for himself and his heirs, to the grantee, his 
 heirs and assigns. Deed may be acknowledged or proved, by 
 one subscribing witness, if in a foreign country, before any court 
 having a seal, or mayor of any city under its official seal ; — if in 
 another State, before any Missouri commission'er or court having 
 a seal, or the clerk of such court; — if within the State, before 
 some court having a seal, or some judge, justice of the peace or 
 notary public. The person acknowledging must be personally 
 known to the officer taking the same, to be the person whose 
 name is subscribed to the deed, or he shall be proved as such, 
 by at least two credible witnesses, which shall be stated in the 
 certificate. 
 
 Form of Acknowledgment. 
 
 State of ) 
 
 County of . \ *"• . 
 
 Be it remembered, &c., came A.B.,and C.B his wife,f who 
 are personally known to me to be the same persons whose names 
 are subscribed to the foregoing instrument of writing, as par- 
 ties thereto, and they each acknowledged the same to be their 
 act and deed for the purposes therein mentioned. And the said 
 C. B., being by me first made acquainted with the contents of 
 
 t When not known, say: who are proven to ine by the testimony under 
 oath of G. H. and I. K., two credible witnesses. 
 
FLOKIDA. — ALABAMA. 33 
 
 said conveyance, acknowledged on an examination, separate and 
 apart from her husband, that she executed the same, [and re- 
 linquished her dower in and to the real estate therein mention- 
 ■ed,]* freely, and without compulsion or undue influence of her 
 said husband. 
 In testimony whereof, I have hereunto set my hand, &c. 
 
 * When in right of the wife, insert the following instead of what is inclosed 
 in brackets : " and released and conveyed all her right and interest." 
 
 FLORIDA. 
 
 Execution of Deed. 
 
 Deeds must be sealed. Two witnesses are required. Wife 
 must be examined separately. Deed must be acknowledged, 
 or proved by one of the subscribing witnesses, if out of the 
 State, before a Florida commissioner, or any of the federal 
 judges or justices ; — if within the State, before some judicial 
 officer, or the officer authorized to record the conveyance ; and 
 recorded in the Registry of Deeds, where the land lies. 
 
 State of , I 
 
 of .S 
 
 Form of Acknowledgment. 
 
 County of ^ 
 
 Be it' remembered, &o., personally appeared A. B., and C. 
 B. his wife, being known to me to be the individuals who exe- 
 ■cuted the within deed,* and acknowledged that they did exe- 
 cute the said deed for the purposes expressed therein. 
 
 And the said C. B., wife of the said A. B., being by me first 
 • privately examined, separate and apart from her said husband, 
 and having the said deed also fully explained to her in said ex- 
 amination, acknowledged that the relinquishment and renuncia- 
 tion of dower, contained in the foregoing conveyance, executed 
 by her, was, and is made freely, voluntarily, and without any 
 compulsion, restraint, apprehension, or fear of, or from her said 
 husband. 
 
 In testimony whereof, I have hereunto set my hand, &c. 
 
 * Or, " was proved to my satisfaction to be the individuals who executed 
 the said deed." 
 
 ALABAMA. 
 
 Execution of Deed. 
 
 Deeds must have a scrawl or seal, but all writings which 
 
 purport to be sealed, are to be taken as sealed mstruments, 
 
 and have the same effect as if the seal of the parties were 
 
 affixed. Deeds unless acknowledged, must be proved by two 
 
 ADM 3* 
 
 / \ 
 
34 ALABAMA. — OHIO. 
 
 witnesses. Wife's conveyance is void unless she acknowledge 
 the deed or execute it in the presence of two vritnesses. Deed 
 must be acknowledged, if in a foreign country before any diplo- 
 matib, consular, or commercial agent of the United States, judge 
 of any court of record, mayor, or chief magistrate of any city, 
 town, borough, or county, or notaries public ; — if out of the 
 State, before an Alabama commissioner, judges or clerks of any 
 federal court, judges of any court of record, notaries public, or 
 justices of the peace ; — if within the State, before judges of the 
 supreme and circuit courts, and their clerks, chancellors, judges 
 of probate, justices of the peace, and notaries public. 
 
 Form of Acknowledgment. 
 
 State of , I 
 
 County of . y^- 
 
 I, B. H. C, a commissioner, &c., [or, justice of the peace of 
 the county aforesaid,] hereby certify that A. B., whose name is 
 signed to the foregoing conveyance, and who is known to me, 
 acknowledged before me, on this day, that being informed of 
 the contents of the conveyance, he executed the same volun- 
 tarily on the day the same bears date. And at the same time 
 personally appeared the above-named G. B., wife of said A. B., 
 who being by me examined privately and apart from her hus- 
 band, acknowledged that she signed, sealed, and delivered the 
 said conveyance as her voluntary act and deed, freely, without 
 any fear, threats, or compulsion of her husband. 
 
 Given under my hand and seal this day of , 185 . 
 
 Certificate of Proof of a Subscribing Witness. 
 
 State of , I 
 
 County of . J "• 
 
 I, B. H. C, a commissioner, &c., hereby certify that A. B., 
 a subscribing witness to the foregoing conveyance, known to 
 me, appeared before me this day, and being sworn, stated that 
 S. B., the grantor in the conveyance, voluntarily executed the 
 same in his presence, and in the presence of the other sub- 
 scribing witness, on the day the same bears date ; that he 
 attested the same in the presence of the grantor and of the 
 other witness, and that such other witness subscribed his name 
 as a witness in his presence. 
 
 Given under ray hand and seal this day of , 185 . 
 
 OHIO. 
 
 Ei^ecution of Deed, 
 
 Deeds must be under seal or scrawl. Two witnesses are re- 
 quired. Wife must be examined separately. Deeds acknowl- 
 
OHIO, — KENTUCKY. 35 
 
 edged out of the State before an officer authorized to take ac- 
 knowledgment of deeds by the laws »f such state, territory or 
 country, and certified by such officer in his official character, 
 shall be valid, if executed in conformity with the laws of the 
 state, territory, or country in which the deed is made, or they 
 may be" acknowledged before Ohio commissioners ;— if within 
 the State, before the judge of the supreme court, or the court 
 of common pleas, a justice of the peace, notary public, mayor, 
 or chief officer of an incorporated town or city ; and recorded 
 in the county where the land lies. 
 
 Form of Acknowledgment. 
 
 Stale of , ) 
 
 County of .<, 
 
 Be it remembered, &c., personally appeared A. B. and C. B. 
 his wife, to me personally well known, and acknowledged the 
 signing and sealing of the foregoing instrument to be their vol- 
 untary act and deed. I further certify, that I did examine the 
 said C. B., separate and apart from her said husband, and did 
 then and there make known to her the contents of the foregoing 
 instrument, and upon that examination she declared she did 
 voluntarily sign, seal, and acknowledge the same, and that she 
 was still satisfied therewith. 
 
 In testimony whereof, I have hereunto set my hand, &c. 
 
 KENTUCKY. 
 
 Execution of Deed. 
 
 No seal or scrawl is requisite. Wife must be examined sep- 
 arately. Deed may be acknowledged, or proved by witnesses, 
 if in a foreign country, before any minister or consul of the 
 TJ. States ; — if in another State, before a Kentucky commis- 
 sioner, a judge, a justice of the superior or inferior courts, and 
 certified under the seal of his court, or a clerk of a court, or 
 mayor of a city, certified under his official seal ; — if within the 
 State, before the clerk of the county court. Deed may be 
 proved by two subscribing witnesses, or by one if he can prove 
 the attestation of the other ; and recorded within eight months if 
 in the State, twelve manths if in any other State, and eighteen 
 months if in a foreign country. 
 
 Form of Acknowledgment. 
 
 Slate of , ?^j 
 
 County of . ) 
 
 I, B. H. C, a Commissioner of Deeds for the State of Ken- 
 tucky, duly appointed and commissioned by the Governor there- 
 of for the state of , and authorized to take the 
 acknowledgment of deeds and other writings, do certify, that 
 this instrument of writing from C. D. and his wife E. D., was 
 
36 MICHI8AN. 
 
 this day produced to me by the parties, and was then and there 
 acknowledged by the said C. B., to be his act and deed ; and 
 the contents and eifect of the instrument being explained to 
 the said E. D., by me, separately and apart from her hu'sband, 
 she thereupon declared, that she did freely and voluntarily exe- 
 cute and deliver the same, to be her act and deed, and con- 
 sented that the same might be recorded. 
 
 Given under my hand and seal of office, this of, &c. 
 
 MICHIGAN. 
 Execution of Deed, 
 Deeds may have a scrawl of the pen instead of a seal. Two 
 witnesses are required. Wife must be examined separately. 
 When any woman not residing in this state, shall join with her 
 husband in any conveyance of real estate situated within this 
 state, the conveyance shall have the same effect as if she were 
 sole, and the acknowledgment and proof of execution of such 
 conveyance by her, may be the same as if she were sole. 
 Deeds must be executed, if in a foreign country, according to the 
 laws of that country, and acknowledged before a minister, or 
 consul of the U. States, and certified thereon, under his hand, and 
 if before a notary, under his official seal ; — if in another State, 
 according to the laws of that State, before a Michigan commis- 
 sioner, notary public, justice of the peace, or other officer au- 
 thorized to take acknowledgments. Unless acknowledged be- 
 fore a commissioner, the certificate of the clerk of a court of 
 record of the countyin which the acknowledgmentis taken, must- 
 be attached to the deed, stating the official character of the per- 
 son taking the acknowledgment, and ' ' that he believes the sig- 
 nature of the person subscribed thereto, to be genuine, and that | 
 the deed is executed and acknowledged according to the laws of 
 such state, territory, or district ; "* if within the state, before 
 any judge, or commissioner of any court of record, notary public, 
 justice of the peace, or master of chancery ; and recorded in 
 the office of registry of deeds in the county where the land lies. 
 
 Form of Acknowledgment. 
 
 State of , I • 
 
 County of — —. 5 *'• 
 
 Be it remembered, &c., personally appeared A. B., and 
 Mary his wife, and severally acknowledged that they had ex- 
 ecuted the within instrument, for the uses and purposes. therein 
 mentioned. 
 
 [And the said Mary, on a private examination, apart from her 
 husband, acknowledged that she executed the within instrument 
 freely, and without fear or compulsion from any one.] 
 
 * See Certificate on page 11. 
 
INDIANA. — CALIFORNIA. 37 
 
 And I further certify, that the persons who made the said 
 acknowledgment are known to me to be the individuals de- 
 scribed in and who execuied the within instrument. 
 
 In testimony whereof, I have hereunto set my hand, &c. 
 
 INDIANA. 
 
 Execution of Deed. 
 
 Deeds must be sealed. Deed must be acknowledged, or 
 proved by a subscribing witness.* Wife need not be examined 
 separately. Deed may be acknowledged, if in a foreign country, 
 before any minister, charge d'affaires, or consul of the United 
 States ; — if in another State, before an Indiana commissioner, 
 suprenae or circuit court, or court of common pleas, notary 
 public, justice of the peace, mayor or recorder of a city under 
 his official seal ; and the acknowledgment or proof when made 
 before a judge, or justice of the peace, must be certified to by 
 the clerk of a court of record ; and the clerk must attest such 
 certificate by the seal of his court ; — if within the State, before 
 a judge, justice of the peace, notary public, or mayor of a city ; 
 and recorded in the recorder's office of the county. 
 
 Form of Acknowledgment. 
 
 State of , } 
 
 County of . \ 
 
 Be it remembered, &c., personally appeared A. B., and C. B. 
 his wife,f to me well known as the same persons described in and 
 who executed the foregoing deed, and they severally acknowl- 
 edged the execution of the same. In testimony whereof, &c. 
 
 » .-ee Introduction {or form of certificate of subscribing witness, 
 f Or, was proven to nie on the oath of G. H., a credible witness. 
 
 CALIFORNIA. 
 
 Execution of Deed. 
 
 A seal or scrawl with a pen is required. Wife must be ex- 
 amined separately. Deed may be acknowledged, if in a foreign, 
 country, before some judge, or clerk of a court having a seal, 
 a notary public, minister, consul, or commissioner of the U. 
 States ; if in another State, before a California commissioner, 
 judges or clerks of any II. States or State court, having a seal ; 
 ■if in the State, before some judge or clerk of a court having a 
 seal, or a notary public, or justice of the peace in the county 
 where the land lies. Where the deed is acknowledged, no sub- 
 scribing witnesses are require4. The party making the ac- 
 knowledirment must be personally known to the officer to be 
 
38 califohnA. — IOWA. 
 
 the person whose name is subscribed to the deed, or must be 
 proved by the oath of a credible witness. 
 
 Form of Acknowledgment. 
 
 State of — -, I 
 
 County of . 5'*- 
 
 Be it remembered, &c., personally appeared A. B., and C. 
 B. his wife,* known to me to be the persons described in, and 
 who executed the foregoing instrument, and acknowledged to 
 me that they executed the same freely and voluntarily, and for 
 the uses and purposes therein mentioned. And the said C. B., 
 being made acquainted by me with the contents of said con- 
 veyance, acknowledged, on an examination apart from and 
 without the hearing of her husband, that she executed the same 
 freely and voluntarily without fear, or compulsion, or undue 
 influence of her husband, and that she does not wish to retract 
 the excQution of the same. In testimony whereof, &c. 
 
 IOWA. 
 
 Execution of Deed. 
 
 No seal or scrawl is necessary to the validity of a deed. 
 Deed may be acknowledged, or proved by witnesses, — if in 
 another State, before an Iowa commissioner, a court of record, 
 or aa officer holding the seal thereof, or notary public ; — if 
 within the State, before any court having a seal, justice or 
 clerk thereof, a justice of the peace, or notary public. 
 
 When aolmowledged without the State the certificate of ac- 
 knowledgment must state the title of the court or person before 
 whom the acknowledgment was taken ; that the persons were 
 known to the officer taking the same , to be the identical persons 
 whose names are affixed to the deed as grantors, or that such 
 identity was proved by at least one credible witness, — naming 
 him. Deed must be recorded with the recorder in the county. 
 
 Form of Acknowledgment. 
 
 State of , ) 
 
 County of . $'*• 
 
 Be it remembered, &c., personally appeared A. B. and C. 
 B. his wife, personally known to me to be the identical persons 
 whose names* are affixed to the foregoing deed as grantors, and 
 acknowledged that they exeaited and delivered the same as 
 their voluntary act and deed. 
 
 In testimony whereof, &c. 
 
 * When not known,, say; -'who are satisfactorily proved to be the 
 persons described in and who executed the within conveyance, by the 
 oath of E. F., a competent and credible witness for that purpose by me 
 duly sworn . 
 
■WISCONSIN. MIN^fESOTA, 39 
 
 WISCONSIN. 
 Execution of Deed. 
 
 °^®'' ^^l}^ ""'^^'^ ^^^ °^ ^"^^1- Two witnesses are re- 
 quired. Wife need not be examined. Deed may be acknowl- 
 edged, if m a foreign country, before a minister or a consul of 
 the U. States;— if in another State, before a Wisconsin com- 
 missioner, judge of a court of record, notary public, justice of 
 the peace, master of chancery, or other officer authorized to take 
 acknowledgments of deeds, &c.; if proved by a subscribing 
 witness, he must be- personally known to the officer, and the 
 certificate must state the fact. In cases where the acknowl- 
 edgment 19 not taken before a commissioner, there shall be at- 
 tached to the deed a certificate of the clerk of a court of record 
 of the county, under his official seal, that the person whosfe 
 name is subscribed to the certificate of acknowledgment, was, 
 at the date thereof, such officer as he is therein represented to 
 be, that he believes the signature to be genuine, and that said 
 deed is executed and acknowledged according to the laws of 
 such state, territory or district ;— if within the State, before 
 any judge or commissioner of a court of record, notary public, 
 ot justice of the peace. 
 
 Form oj" Acknowledgment. 
 
 State of , ) . 
 
 County of . J "• 
 
 Be it remembered, '&c., personally appeared A. B., and C. B. 
 his wife, to me known to be the persons who executed the fore- 
 going deed, and acknowledged the execution thereof, by them 
 sealed and subscribed , to be their free act and deed , for the 
 uses and purposes therein mentioned. 
 
 In witness whereot, &c. 
 
 MINNESOTA. 
 Execution of Deed. 
 
 Deed may have a scrawl or seal. Two witnesses are re- 
 quired. Wife must be examined separately. Deed may be 
 acknowledged, if in another state or territory, before a Minne- 
 sota commissioner, judge of a court of record, notary public, 
 justice of the peace, or other officer authorized by the laws of 
 such state or territory, to take acknowledgments of deeds. 
 Unless the acknowledgment is taken before a commissioner, 
 deed must have attached thereto the certificate of a Clerk of a 
 court of record [same as Michigan.] 
 
 Form of acknowledgment same as Michigan. 
 
40 FORMS OF DEEDS. 
 
 FOK-MS OF DEEDS. 
 
 {See Forms of Deeds, Mortgages, Bonds, Contracts, Releases, Letters 
 of Attorney, ^c, in " Business Man^s Assistant,'^} 
 
 Deed to a City. 
 
 Know all men by these Presents, That I, A. E., of the cityof ...,, 
 in the county of . . . . , in the State of . . . . , in consideration of .... dollars to 
 me paid by the city of ...., the receipt whereof is hereby acknowledged, do 
 hereby give, grant, bargain, sell, and convey to the said city of ..... its suc- 
 cessors and assigns forever, all that parcel of land, situated in . . . . , bounded 
 and described as follows, to wit. : [Htre describe the premises.] 
 
 The above granted premises were taken to widen .... eireet by a Resolve* 
 of the mayor and aldermen of the said city of ...., passed the .... day of 
 . . . . , A. D. 185 — , reference to w^hich is hereby had, and are to be used for the 
 purposes of a public street of said city of ,.., j and the above consideration 
 has been received in fall satisfaction and discharge of all claims and demands 
 for damages, costs, expenses Eind compensation, by reason of said taking. 
 And I do, for myself, my heirs, executors and administrators, covenant and 
 a^ree, to and with the said city of ....,its successors and assigns, to indem- 
 nify and forever save harmless the said city of ....,its successors and as- 
 signs, against any and all claims and demands of any person or persons what- 
 soever, for damages, costs, expenses or compensation, for or on account of 
 the granted premises, or the taking thereof. The said premises are delineated 
 upon a plan, made by E. F., surveyor, and deposited in the office of the said 
 mayor and aldermen, being plan No in the .... volume of city plans. 
 
 To have and to hold, the aforegranted premises wiih the privileges and 
 appurtenances thereto belongmg to the said city of . . . . , its successors and 
 assigns, in fee simple forever. And I the said A. B., for myself and my 
 heirs, executors and administrators, do covenant with the said city of 
 ...., and its successors and assigns, that I ant lawfully seized in fee of 
 the aforegranted premises; that they are free from all incumbrances, that 
 I have good right to sell and convey the same Ig the said city of . , . . , iis 
 successors and assigns for ever, as aforesaid ; and that I will, and my heirs, 
 executors and administrators shall, warrant and defend the same to the said 
 city of ..... and its successors and assigns forever, against the lawful 
 claims and demands of all persons. 
 
 In witneps whereof I, the said A. B., and Mary my wife, in token of her 
 release of all right of dower in. the granted premises, have hereunto set our 
 
 hands and seals this day of . . . . , in the year of our Lord one thousand 
 
 eight hundred and fifty 
 
 Signed, sealed and delivered in presence of A. B. [l. s.] 
 
 M. B. [l. s.] 
 
 Deed by the Inhabitants of a Town. 
 
 Know all men by these Presents, Thatthe Inhabitantsof ....,!n the 
 county of ...., and Slate of . ..., in consideration of .... dollars, to them 
 
 Eaid by C. D., of . . . ., the receipt whereof is hereby acknowledged, do here- 
 y give, grant, bargain, sell, and convey to the said C. D., his heirs and as- 
 signs, allthat parcel of land and estate, situate in ...., commonly called , 
 
 which is described and bounded as follows, to wit: — [here describe the land.] 
 
 To have and to hold the aforegranted premises w^ith the privileges and ap- 
 purtenances thereto belonging, to the said C. D-, his heirs and assigns, to his 
 and their use and behoof forever. 
 
 And the said inliabilanls, for themselves, and their successors, do covenant 
 with the said C. D., his heirs and assigns, that they, ihe said inhabitants, are 
 lawfully seized in fee of the aforegranted premises; that ihey are free" of all 
 incumbrances; ihai they have good right to sell and convey the same to the 
 said C. D. as aforesaid ; and that they and their successors, will warrant and 
 defend the said premises, to the said C, B , his heirs and assigns, forevei, 
 against the lawful claims and demands of all persons. 
 
FORMS OF DEEDS. 41 
 
 In witness whereof, the said Town, hath caused its common seal to be, 
 hereunto affixed, and these presents to be signed by its Treasurer, hereto 
 duly authorized, this .... day of . . . ., in the year one thousand eight hun- 
 dred and .... 
 
 The Town of ) l. b. 
 
 hy A. B. its Treasurer, j of Town. 
 Signed, sealed and delivered in presence of 
 
 Deed by Tax Collector. 
 
 To ALL Persons to whom these Presents may come: I, A. B., treas- 
 urer and collector of taxes for the town of W ^ in the county of ...., and 
 Slate of ....,forthe year A. D. one thousand eight hundred and fifty ...., 
 legally chosen and sworn, send greeting. 
 
 Whereas^ the Assessors of the town of W. aforesaid", have assessed C. B. 
 the sum of .... dollars and .... cents, for a tax as owner of land, hereinafter 
 described, in said W-. in the list of assessments which said Assessors have 
 commiited to me to collect ; and whereas no person has appeared to discharge 
 the said tax, although 1 have complied wiih all the provisions of iliHaw re- 
 specting the collection of taxes and sale of real estate for taxes assessed there- 
 on and unpaid, and have demanded the same of the said C B., the reputed 
 ownerofsaid real estate, and have advertised for the space of three weeks suc- 
 cessively in the . . . . , a public newspaper published in said W., the time and 
 place of the sale of the real estate whereon the said taxes were assessed for 
 the payment of said taxes, and the name of the reputed owner of such real 
 estate so taken for taxes, (the last publication of which said advertisement was 
 one week previous to the sale of said real estate,) and have posted a copy of 
 said adveriisement in W., and upon the premises thus advertised, three 
 weeks previous to the sale thereof. 
 
 Therefore, know ye, that i,the said A. B., Treasurer and Collector of Taxes 
 
 asfiforesaid, in consideration of dollars, to me paid for the discharging 
 
 of said taxes and intervening charges, by E. F, of . . . ., the rec.eipt whereof I 
 do hereby acknowlt dge, do*"hereby give, grant, bargain, sell, and convey unto 
 him, the said E. F., his heirs and assigns forever, the following described real 
 estate, being the lEind taxed as aforesaid, to wit: [here describe the premises,] 
 the same having been struck off to the said E. F.. he being the highest bidder 
 therefor, at a public auction legally notified and held at the office of the Col- 
 lector in said W., on the day of , A. B. 1S57. 
 
 To have and to hold the same to the said E. F. his heirs and assigns, to his 
 and their use forever, subject, however, to the right of redemption of the own- 
 er or proprietor thereof, at any time within two years from the day of sale. 
 And I do covenant wiih the said E. F., his heirs and assigns, that I gave no- 
 tice of the intended sale of said land according to law, and that I have ob- 
 served th5 directions of the law in all respects in the premises. 
 
 In witness whereof, I have hereunto set my hand and seal this .... &c. 
 A. B. Treasurer of the town of [l. s.] 
 
 Signedysedled and delivered inprestnce of 
 
 Certificate of Witness. 
 
 I C W. of B., in the County of S.. and State of M., being a disinterested 
 person in the premises, hereby certify that on the twenty-third day of July, 
 A D lf-5S at B. aforesaid, S. B., Treasurer and Collector of Taxes for the 
 said town for the year 1858, in my presence posied up conspicuously at the 
 Town Hall, and at the B. Ferry Toll House, being public and convenient 
 places within the precinct of said S. B., three weeks before said sale, and 
 also on the same day, upon each of the several houses and lots of land, men- 
 tioned in the annexed notification of sale, a copy of said annexed advertise- 
 ment. C. W. (L. s.j 
 
 B , Augustas, 1858. 
 
 Commonwealth [State] of M . 
 
 Then personally appeared the above named C. W., and made oath that the 
 foregoing Certificate, by him subscribed, is true. ^ ^ _^. .^, „^„^, 
 ^ before me, T. C, Justue of the Peace. 
 
 ADM 4 
 
42 FORMS OF DEEDS. 
 
 Deed of n. Corporation. 
 
 Know all men by these Peesekts, That ihe Company, a Corpo- 
 ration established by law of the Siate of , in consideration of dollars 
 
 paid to .... by C. D., the receipt whereof is hereby acknowledged, doth here- 
 by give, grant, bargain, sell, and convey unto the said C. D., his heirs and as- 
 signs, all that parcel of land, situated in ...., bounded and described as fol- 
 lows, to wn : [here describe the premises.) 
 
 To have and to hold the above granted premises, with the privileges and 
 appurtenances thereto belonging, to the said C. D- and his heirs and assigns, 
 to his and iheir use and behoof forever. 
 
 And :ihe said company doih hereby covenant wilb the said C. D. and 
 
 his heirs and assigns, that the said corporation is lawfully seized of the afore- 
 granted premises ; that they are free from all incumbrances ; that the said cor- 
 poration hath ^ood right to sell and convey the same to the said C. D.in 
 manner aforesaid ; and that the said corporation will warrant and defend the 
 same to the said C, D. and his heirs and assigns forever, against the lawful 
 claims and demands of all persons. 
 
 In w^ilness w^hereof, the said Corporation, hath caused its common seal 
 to be hereunto affixed, and these presents to be signed by its President, 
 Jtreasurer or secretary] hereto duly authorized, this .... day of .... , &c. 
 The B. S. Corjjoration, ) L. s. 
 
 by A. B., their President. J of Corporation. 
 Signed, sealed and delivered in presence of 
 
 Deed of several Persons to a Corporation, with special Covenants. 
 
 Know all men by these Presents, That we, A. B.j B. C, C. D., and 
 D. E., all of . ..., in the county of . . . ., and state of . , . ., m consideration of 
 .... dollars, to us paid by the .... Company, a corporation established by au- 
 thority of the State of ...., (the receipt whereof is hereby acknowledged,) 
 do hereby give, grant, bargain, sell, and convey unto the said corporation, its 
 successors and assigns, all that parcel of land and estate, situated in ...,, 
 commonly called . . . . , which is described and bounded as follows, to wii : — 
 \here describe the land,.] 
 
 To have and to hold the aforegranled premises, with the privileges and ap- 
 purtenances thereof, to the said corporation, its successors and Ensigns, to ita 
 and iheir own use and behoof forever. > 
 
 And we, the said A. B., B. C, C. D., and D. E., for ourselves respectively, 
 and for our respective heirs, executors, and administrators, do covenant 'with 
 the said corporation, its successors and assigns, that we are severally lawfully 
 seized in fee, each of one undivided fourth part of the aforegranled premises j 
 that they are free from all incumbrances; that we have severally good right 
 to sell and convey the same to the said corporal ion, its successors and assigns in 
 manner aforesaid; and that we will, severally and respectively, each for his 
 said oHe fourth thereof, and our heirs, executors and administrators shall 
 warrant and defend the same in the proportions aforesaid, to the said corpora- 
 tion, its successors and assigns, against the lawful claims and demands of all 
 persons. 
 
 In witness whereof, the said A. B. and C D., who are unmarried; and 
 B. C. and D. E., together with O. C, wife of said B. C, and P. E., wifeof 
 said D. E., in token of their release of all right of dower* in the granted prem- 
 ises, have hereunto set their hands and seals, this .... day of. , , . , in the year 
 of our Lord one thousand eight hundred and fifty 
 
 Signed, sealed and delivered in presence of Signatures and Seals. 
 
 Mortgage Note. 
 
 $.... B...., May ...185.. 
 
 For value eeceivkd, .... promise to pay to ...., or order, the sum 
 of .... dollars, in • ■ •■ from this date, with interest to be paid semi-annually, 
 at the rate of ... . per centum per annum. ; 
 
 In presence of >■ 
 
 jSecured by mortgage cf real estate, in , recorded in . . . .Registry of Deeds. 
 
 * In Massachusetts, the wife may release her right to the " homestead" in 
 the same manner as she may now release her right of dower. M- L. 1857. 
 
FORMS OF DEEDS, 43 
 
 Warranty Deed, where Grantors warrant separately, not jointly, 
 
 Kn'OW all men by these Presents, That we, A. B., of , in the 
 
 couiily of , and State of , and Mary, wifeof said B., in her own right: 
 
 and C. D. and Mary wife of said D,. in her own right; and E. F. and Mary 
 
 wife of said F,, m her own right ; and G. H. in his own right, all of , in 
 
 the county of ...., and state aforesaid; in consideration of-.... dollars, to us 
 paid by J. W., of said ...., merchant, the receipt whereof is hereby ac- 
 knowledged, do hereby give, grant, bargain, sell, and convey unto the said 
 W., his heirs and assigns forever, a certain piece or parcel of land situate m 
 the southerly part of said ...., bounded and measuring as follows, lo wit: 
 [heye state how hound ed^'\ all such measurements being more or less, or how- 
 ever otherwise bounded; with all the privileges and appurtenances thefelo 
 belonging. 
 
 To have and to hold the nforegranted premises to the said J. W. and his heirs 
 and assigns, to his and their use and behoof forever. 
 
 And we, the said grantors, for ourselves respectively, and for our respective 
 heirs, executors and administrators, do covenant with the said grantee, his 
 heirs and assigns, ihal ihesatd M. B., M. D., M. F., and G. H., are severally 
 lawfully seized in fee, each of one undivided fourth part of said granted prem- 
 ises, that they are free from all incumbrances ; that we have good right to sell 
 and convey the same in manner aforesaid, and that we will, and our heirs, 
 executors and administrators shall warrant and defend the said granted prem- 
 ises inthe proportions aforesaid, each grantor for his or. their respeciive jiropor- 
 lion, and not jointly, nor one for the other, to the said grantee, his heirs and 
 assigns forever, against the lawful claims and demands of all persons. 
 
 In Witness whereof, we, the said A. B., M. B., C. D., M. D., E. F., M. F., 
 G. n., and M. H., wife of said H., in token of her|felease of all right of 
 dower in ihe granted premises, have hereunto set our hands and seals this .... 
 day of ...., in the year of our Lord one thousand eight hundred-andnt'iy 
 
 Signed, sealed and delivered in presence of ^ 
 
 Deed of Quitclaim by two Grantors, 
 
 Know all Men by these Presents, That we, A. B.,of ..,., in the 
 county of , and >tate of , merchant, and B- B , also of said , sin- 
 gle woman, in consideration of the sum of ... . dollars to us paid by C. D. 
 
 of" , inthe. county of and State of , farmer, (the receipt whereof 
 
 is hereby acknow^ledged,) do hereby convey, remise, and forever quit claim 
 unto the said C. D , his heirs and assigns, a certain tract of land situate 
 in ...... aforesaid, consisting of about acres, with all the buildings there- 
 on standing, bounded and described as follows, viz: [here insert de'icriptton 
 and boundaries :] with all the privileges and appurtenances thereto belonging. 
 
 To have and to hold the above released premises, to the said C. D., his 
 heirs and assigns, to hi-; and their use and behoof forever. 
 
 And we, the said A. B. and B. B., for ourselves and our heirs, executors, 
 and administrators, do covenant with the said C D., his heirs and assigns, 
 that the premises are free from all incumbrances made or suffered by us ; and 
 that we will, and our heirs, executors, and admmistrators shall warrant and 
 defend the same to the said C. D., his heirs and assigns forever, against the 
 lawful claims and demands of ail persons claiming by, through, or under us, 
 but against none other. 
 
 In witness whereof, we, the said A. B., and B. B., [who are unmarned], 
 have hereunto set our hands and seals, this .. ., day of . ...,inthe year of our 
 Lord eighteen hundred and fifty A. B. fL. s.] 
 
 Signed^ sealed, and delivered in presence of 
 
 Note. No conveyance by the owner of any propertyexemijtedas a Aorne- 
 stead. rhe value whereof shall not exceed ffiSUO, shall be valid in law, unles ; 
 the wife shall join in the deed of conveyance. Mass. Law ^1051. 
 
 A wife is barred of dower by joining her husband in a deed convey- 
 ing land, and therein releasing her right of dower. But it is not sufficient to 
 bar her right, that she executes and acknowledges the deed, her name being 
 introduced only at the conclusion, the purpose of her signing and sealing not 
 being declared. 9 M. R. 230. , . i, r t 
 
 If the erantor is unmarried, instead of saying, " In witness wtiereoi, i, 
 the said A. B., and Mary, ray wife, &c.," say : I, the said A. B.,beingunraa> 
 ried, have hereunto set my hand and seal, &c. _ 
 
44 FORMS OP TRUST DEEDS. 
 
 Deed of Trust. — Real Estate^ 
 Know all men by these Presents, That I, J. F,, of ...., in ihe county 
 
 of , in consideraiion of dollars to me paid by A. K., of ... , in the 
 
 county of ...., trader, the receipt whereof is hereby acknowledged, do here- 
 by give, grant, bargain, sell, and convey to said A. K , his heirs and assigns, 
 the following described parcel or tract of land, situaied in . . . ., and bounded 
 and described as follows, to wil: northerly on land of A. B. ; easterly 
 on land of same B. ; westerly on land of A. B.'s heirs ; southerly on land 
 of C. D. and others; w^esterly on land of E. F. and others, and northerly 
 on W. street ; said lot containing about thirteen acres and two rods, more or 
 less ; or however otherwise bounded and described. 
 
 To have and to hold the above described premises to the said A. K., his heirs 
 and assigns forever. 
 In Trust for the uses and purposes following, to w^it : — 
 1st. To receive and hold the same, and to receive and collect the profits and 
 rents, income and emoluments from time to time arising therefrom. 
 
 2d. To pay over the net proceeds thereof a;: soon as received, to M. G., wife 
 of A.. G., of B., trader, for her sole and separate use, and her sole receipt 
 shall be a sufficient acquittance and discharge for all moneys so paid. And 
 at any time during the life of said Mar}', to execute and deliver such deeds of 
 the whole or any part or parts of the premises, and to such person or per- 
 sons as she, the said Mary, may direct, she signifying her assent and direc- 
 tion by writing in said'deed. 
 
 3d. At the decease of said Mary, then further in trust, to convey the same 
 by deed of quitclaim, with warranty against incumbrances by or through him- 
 self 10 such person or persons as shall be designated by said M. G . in any writ- 
 ing left by her in the ftum of a Will. 
 
 And I, the said J. F., for myself and my heirs, executors and administrators, 
 do covenant with the said A. K. and his heirs and assigns, that I am lawfully - 
 seized in fee simple of the aforegranted premises ; that they are free from all 
 incumbrances; that I have good right to sell and convey the same toMhe said 
 A. K., and his heirs and assigns forever, to hold as aforesaid ; and that I will 
 and my heirs, executors, and administrators shall warrant and defend the same 
 to the said A. K., and his heirs and assigns forever ; against the lawful claims 
 and demands of all persons claiming under me or my assigns. 
 
 In testimony whereof, I, the said J. F., and Mary F., my wife, in token of 
 her relinquishment of dower, have hereunto set our hands and seals ihis .... 
 day of . . . ., in the year eighteen hundred and fifty • • • • 
 
 J. F. [L. s.] 
 M. F. [L. s.] 
 Stgnedj sealed^ and delivered in presence of 
 
 Note. The condition for which the trust is granted must depend on the 
 nature of the property and intention of the grantor, A deed of trust may be 
 made by a father to a son, or other perso'h, of real or personal estate, con- 
 ditioning that the father receive a stipulated sum yearly, during his life. 
 
 Deed of Trust. ~- Personal Estate. 
 
 This Indenture made the day of , A. D. 185. ., between A. B.,of 
 
 , of the one part, and C. B., of , of the other part, witnesseth : — 
 
 That the said A. B., in consideration of. . .-. dollars to him jiaid, and of the 
 covenants and agreements hereinafier mentioned, by the said C. B. to be 
 observed and performed, does hereby give, grant, bargain, sell, and convey 
 to the said C. B., the following goods and chattels, to wit: [or if too numer- 
 ous to be recited, say, all and sin^lar the goods, chattels, tools, and machin- 
 ery, mentioned and contained in the schedule hereto annexed.] 
 
 To have and to hold the property above granted, to tlie said.C. B. his ex- 
 ecutors, administrators, and assigns forever. 
 
 And the said C. B.,forhimself, his heirs, executors, and administrators, doth 
 covenant with the Said A. B., that he will pay, or cause to be paid, to the said 
 
 A. B dollars yearly, and every year, during the term of the natural life 
 
 of the said A. B., by four equal payments, the farst payment to be made on 
 the day of ... , next. 
 
 Provided always^ and these presents are upon tins condUion, That if the said 
 C. B., his heirs, executors, and administrators, shcdl neglect or refuse to 
 
FORMS OF DEEDS. 45 
 
 pay the said annual sum in manner aforesaid, it shall and maybe lawful for 
 the said A. B., all and singular, the premises hereby granted, to take, repos- 
 sess, and enjoy as in his former estate. 
 
 In witness whereof the said parlies have set their hands and seals to this 
 and another instrument of like tenor and date. A. IS. [l. s,] 
 
 '. C. B. [L. s.] 
 
 Signed J sealed , and dehvered in presence of 
 
 Mortgage by Deed of Trust. — lowA. 
 
 FoRVlie purpose of securing to A. B., the sum of dollars, with interest 
 
 from dale, at ihe raie of .... per cent, per annum, I hereby convey lo C. D. 
 [here describe the prc^t-rty]^ and if ihe sum secured to A. B., is not paid lo him 
 by [stating ihe time of payment]^ I hereby authorize the said C. D. to sell the 
 property herein conveyed [seating- (Ae manner, p/ace of sale ^ notice to be given^ 
 §•€.], lo Piecute a deed lo ihe purchaser, to pay off the amount herein secured, 
 with interest, and costs, and to hold ihe rematuder subject to my order. 
 
 P. J. [L. S.] 
 
 Signed J sealed^ and delivered in presence of 
 
 Declaration of Trust. 
 
 To ALL PeKSONS to WHOM THESE PRESENTS SHALL COME, I, A. B., OF 
 
 ...., Merchant, send greeting: Having taken conveyanpes of certain 
 
 real estate situate in street, in that part of called ...., from C. D. and 
 
 E. F , as described in their deeds to me, hearing dale the .... day of .... 
 current, but this day delivered and recorded at ihe request and for the benefit 
 "of H. G. and Mary his wife, they having paid so much of the purchase money 
 of said estates, as has been paid, and said H. having given bis notes lo said 
 D. and F., for the balance due them respectively, lo secure which notes, I 
 have at the request of said H. and Mary, mortgaged back said real estates to 
 said D. and F.J as by mortgage deeds this day delivered and recorded, will 
 appear. 
 
 Now I, the said A. B., hereby; declare that I took and now hold the legal 
 title of the said real estate in said deeds conveyed lo me in Trust, and for the 
 benefit of said H G. and Mary his wife, that is, one undivided half for him, 
 and the other undivided half for her; and I will convey the same, but with- 
 out any warranty of title (except as against myseTOj to said H'. and Mary, and 
 their heirs respectively, in fee simple, upon request, and also being indemni- 
 fied against and for any liabilities I may incur, or expenses I may have to pay 
 by reason of said Trust. 
 
 In wrtnets whereof, I have hereto set my hand and seallhis .... day of 
 
 in the year of our Lord eighteen hundred and fifty .... 
 
 ' A. B. [L. s.] 
 
 Signeil, sealedf and delivered in presence of 
 
 Sheriff's Dted. 
 Know all Men by these Presents, That I, A. B., of ,..., in the county 
 
 of , and Commonwealth of , or [State of] a. Deputy Sheriff 
 
 under C. D., Esq., Sheriff of said County, having, on the day of , in 
 
 Ihe year of our Lord one thousand eight hundred and fifty. ., by virtue of a 
 Wrii of Execution, which was issued upon a Judgment, recovered at the 
 
 Court of ,holden ai B, within and for the County of S, onihe .... day ol 
 
 ...,,in ihe year of our Lord eighteen hundred and fifty. ., by E. F., Esq., 
 
 in the County of , against G. H., of B, in the County of ...-., for the .-^um 
 
 of dollars and cents, damage and costs of suit taxed at dollars 
 
 and cents, seized and taken all the right in equity which the said G- H. 
 
 had on the ... . day of . . . -, in the year of our Lord eighteen hundred and fifty 
 ■ . being the time when the same was attached on mesne process of redeeming 
 the followiii'' described mortgajged Real Estate, lo wit : [here describe the estate J 
 and having on the .... day or.... last, being thirty days at least before the 
 time of the sale hereinafter mentioned, given notice m writing, to the said G. 
 H., of the time and place of sale, and having posted up notifications thereof m 
 one public place in said town of B, and in one public place in each of the 
 owns of C. and D. being two towns adjoining said town of B, and also hav- 
 
 ADM 4* 
 
46 FORMS OF DEEDS. 
 
 in g caused an advertisement of the time ond place of sale, to be published 
 three weeks successively, before the day of sale in the public newspaper 
 
 called the N. S. printed at H. in said County of S. on ihe day of . . , ,, in 
 
 the year of our Lord eighteen hundred and fifty. . , made sale of said right in 
 
 ecjuily of redemption at Public Auction, to K. L., of , in ; he being the 
 
 highest bidder for tlie same, for the sum of dollars; NQW,lherefore, in con- 
 sideration of said sum of , dollars to me paid by the said K. L., the receipt 
 
 whereof 1 do hereby acknowledge, I have given, granted, bargained and sold; 
 and do, by these presents, give, grant, bargain, sell and convey to the said K. 
 L., his heirs and assigns forever, all the right in equity which the said G. H., 
 had of redeeming the aforesaid mortgaged real estate, at the time aforesaid. 
 To have and to hold the same to the said K. L., his heirs and assigns, to his • 
 and their use forever ; subject, however, to be redeemed agreealjly to the law 
 in such case made and provided. And I, the said A. B-, in my said capacity 
 of Deputy SlieriiF, do covenant with tlie said K. L., as aforesaid, ihat, in mak- 
 ing said sale, and in everything ctmcerning tlie same, I have complied with, 
 and observed the rules and requisitions of the law for making sales of rights 
 in equity to redeem real estate. But I do not warrant or defend to the said 
 K. I>.,lhat the said G. H. had any right, title or interest in said estate at the 
 time aforesaid. 
 
 In witness whereof, I, the said A. B., in my said capacity -of Deputy Sheriff, 
 have hereunto set my hand and seal this .... day of ...., in the year of our 
 Lord-one thousand eight hundred and fifty. . . 
 
 A. B. (L. 3.) 
 
 Signed^ sealed and delivered in presence of 
 
 Executor's Deed. 
 
 Know all men by these Presents, That whereas I, A. B., of . . . ., m the 
 county of ...., and commonwealth of [or state of] ...., executor, [or execu- 
 trix] of the will of C. D.,,late of said ...., deceased, by an order of the court 
 of probate begun and held at ... . within and for the county of ... ., on ihe .... 
 day of ....,in the year 185. ., was licensed and empowered to sell and pass 
 deeds to convey certain real estate of the said deceased j and whereas I, the said 
 executor, having giving public notice of the intended sale, by causing notifi- 
 cations thereof to be published once a week for three successive weeks, prior 
 10 the lime of sale, in the newspaper called the ...., printed in ...., and hav- 
 ing first taken the oath .... by law in such cases required, did on the .... day 
 of ...., in the year 185.., pursuant to the order and notice aforesaid, sell by 
 public auction the real estate of the said deceased, hereinafter described, to 
 
 E. P., of , in the county of . . . . , for the sura of .... dollars, he being the 
 
 highest bidder therefor. 
 
 Now, therefore, know ye, that I, the said A. B., by virtue of the power and 
 authority in me vested as aforesaia, and in consideration of the aforesaid sum 
 of . . . . dollars, to me paid by the said E. P., the receipt whereof is hereby ac- 
 knowledged, do, by these presents, give, grant, sell, and convey unto the said 
 E. P., his heirs and assigns, the following lot of land, viz: [here describe it 
 and how bouvded.] 
 
 To have and to hold the aforegranted premises, with all the privileges and 
 appurtenances to the same belonging, to him the said E. P., his heirs and 
 assigns, forever. And I, the said A. B., for myself, my heirs, executors^ and 
 administrators, do hereby covenant wiih the said E. P., his heirs and assigns, 
 that in pursuance of the order aforesaid, I gave public notice of the said in- 
 tended sale, in manner aforesaid, and that I took the oath .... by law re- 
 quired, previous to fixing on the time and place of sale. 
 
 In witness whereof, I, the said A. B., executor as aforesaid, have hereunto 
 
 set my hand and seal this day of ....,in the year of our Lord eighteen 
 
 hundred and fifty ... , A. B. [L. s.] 
 
 Signed^ sealed^ and delivered in presence of 
 
 Administrator's Deed, 
 
 To ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, I, A. B. of 
 
 ,...,iu the county of , and state of , administrator of the estate of C. 
 
 D., late of said . . . . , deceased, iniestate, send greeting : Whereas, by an 
 
 order of the .... court begun and held at ..... whhin the county of , on 
 
 the ....day of .... last past, I, the said A. B., was liceaacd and empow- 
 
Forms op deeds. 4? 
 
 Med to sell &nd pass deeds to convey the real estate of the said C^ D», herein* 
 after described. And whereas I, the said A. B. having given public noiice of 
 the intended sale, by publishing a iiotificaiion thereof, three weeks successivelyj 
 
 inthenewspajier called the j printed in ...., agreeably to the order and 
 
 direction of said court, and having given the bond and taken the oath 'by law 
 in such cases requiredj previous to fixing upon the time and place of said sale, 
 
 did, on the day of , in the year 1S5. .,pursuanttoihe license and notice 
 
 aforesaid, sell by public auction the real estate of the said C. D. hereinafter 
 described, to E. F.,of,...,in the county of .. ..j for the sum of .... dollars, 
 he being ihe highest bidder therefor. 
 
 Now, therefore, know ye, that I the said Ai B., by virtue of the power and 
 authority in me vested as 'aforesaidj and in consideration of the aforesaid sum 
 of ... t dollars, lo me paid by the said E* F., the receipt whereof is hereby ac* 
 knowledged, do hereby) grant, bargain, sell and convey unto the said E. F., 
 his heirs and assigns, the following described parcel of real estate, wiih all 
 the privileges and appurtenances thereto belonging) viz : {insert descriptionj ^c] 
 
 To have and to hold the aforegranied premises to the said E. F. his heirs and 
 assigns to his and their use and behoof forever. And I, ihe said A B., for my- 
 self, my heirs, executors and administrators, do hereby covenant with the 
 said E. F., his heirs and asigns, ihabin pursuance of the license aforesaid, I 
 took the oath and gave the bond by law required, and gave public notice of 
 said sale as above set forth^ 
 
 In witness whereof, I, the said A. B., have hefeuhto set my hand and sealj 
 this .... day of . . . . , in the year of our Lord one thousand eight hundred and 
 fifty 
 
 SignedjSeaXed arid delivered in presence of A. B. [l. s.] 
 
 t)eed by an Administrator of an Estate, which an Intestate had by Deed 
 bound himself to convey. 
 
 To ALL PfiOPLH TO WHOM THESE PRESENTS MAT COME, Ai B., of , in 
 
 the county of administrator of the goods and estate which were of E. F., 
 
 lale of , in the county of . ..», deceased, intestate, — sends greeting. 
 
 WTiereas, heretofore, on the .... day of , an agreement was made be* 
 
 Iween the said intestate and C. D., of , whereby the said E. F., on certain 
 
 conditions in said agreement staled, engacjed and bound himself by deed to 
 convey the estate in said agreement described to the said C. D., which said 
 agreement was as follows, to wit, [here recite the agreement] ; and whereas the 
 said C. D. has fully complied with and performed all the condhions on his part 
 in said agreement contained, and on representation thereof to the Court ol 
 
 ..... holden at on , the said Court, by their decree, did authorize 
 
 and empower me the said administrator, by deed, to grant and convey the 
 estate in said agreement described, to the said C. D., upon the terms and con- 
 ditions in said agreement contained. _ 
 
 Now, therefore, know ye, that by virtue of the authority and decree by said 
 court, given as aforesaid, and in order to carry into full eifeci) the said agree- 
 ment of the said E. F. on his part,— that I, the said A. B., administrator as 
 
 aforesaid, in consideration of , to me in that capacity paid by the said C. 
 
 D the-receipt whereof I do hereby acknowledge; and in consideration that 
 the said C. J), has in all things fulfilled and performed the conditions on his 
 part in said agreement conlamed, do hereby give, grant, sell, and assign, to 
 him the said C. D., his heirs and assigns, all the said E. F.'s right, title, and 
 interest which he had at the time of liis decease, in and to the estate m said 
 agreement described. To have and to hold the same lo him, the said C. D., 
 hfs heirs and assigns, to his and their use and behoof forever, in as full and 
 ample a manner as I, the said A. B., in my capacity of administrator of said 
 E. F. as aforesaid, and by force of said decree and authority or license of said 
 court, am empowered to convey the same. 
 
 In witness whereof, &c. 
 
 A. B. [L. a.] 
 
 Signed^ sealed and delivered in presence of 
 
 Note — If in this deed the widow releases her dower, she, as well as the 
 administrator, must acknowledge the deed. 
 
48 FORMS OF DEEDS. 
 
 Deed by an Executor under an authority in a Will. 
 
 To ALL PERSONS TO WHO-M THESE PRESENTS SHALL COME, I, A. B., Of . . . 
 
 in the county of . ..., executor of the last will and lesiamenl. of C. D,, late 
 of said ..... deceased, testate — send greeting. 
 
 Whereas, the said C. D-, in order to enable his said executor fully to carry 
 into effect his inleritiotis, did in and by his last will and testament, authorize 
 and empower his said executor, in any mariner which he should deem proper, 
 lo make sale of, and execute and deliver deeds to convey all his, the said tes- 
 tator's real estate. 
 
 Now, therefore, know ye, that, by virtue and authority to me given by said 
 C. D., in his last will and lesiamciit, I , the said A. B., executor as aforesaid, 
 in consideration of the sum of dollars, to me paid by E. F , of , the re- 
 ceipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell, 
 and convey, unio the said E. F.,his heirs apd assigns, the following described 
 parcel of real estate, which was the property of the said C D., situated in 
 ...., and bounded iind described as follows, to wit, [here describe the premises.] 
 
 To have and to hold the aforegranied premises, to him the said E F., his 
 heirs and assigns, to his and their use and behoof forever. 
 
 In witness whereof, I, the said A. B., executor as aforesaid, have hereunto 
 set my hand and seal the .... day of . . . , , A. D. 135. . 
 
 Signed^ sealed and delivered inprescnce of 
 
 A B [l. s.] 
 
 Note. A will sometimes authorizes an Executor to sell real and personal 
 estates. In such cases the Executor may sell without any other authority. 
 
 Guardian's Deed. 
 
 Know all men by these Presents, That whereas I, A. B.,of ...., in the 
 
 couniy of and commonwealth of [pr state ofj ...., guardian of C. D., 
 
 minor child of E. D., by an order of the court of probate, held at ...., within 
 and for the county of . .. ., on tlie . ... day of ...., in the year 185. ., was 
 licensed and empowered lo sell and pass deeds lo convey certain real estate 
 of the said minor; and whereas I, the said guardian, having given public 
 notice of the intended sale, by causing notifications thereof to be published 
 once a week, for three successive weeks, p'rior to the lime of sale, in the 
 newspaper called the ...., printed at ...,, and having first taken the oath and 
 given the bond, bylaw in such cases required, did on the .... day of ...., in 
 the year IS5, ., pursuant to the order and notice aforesaid, sell by public auc- 
 tion the real estate of the said minor, hereinafter described, to G. H., of ..., 
 
 in the county of . . . . , for the sum of dollars, he being the highest bidder 
 
 therefor. 
 
 Now therefore, know ye, That T, the said A. B., by virtue of the power and 
 authority in me vested as aforesaid, and in consideration of the aforesaid sum 
 of.... dollars, to me paid by the said G. H, the receipt whereof is hereby 
 acknowledged, do, by these presents, give, grant, sell, and convey unto the 
 said G. H., his heirs and assigns, the following described estate, vi^.: [here 
 give description, and boundaries.] 
 
 To have andto holdthe aforegranted premises, w^ilh all the privileges and 
 appurtenances to the same belonging, to him the said G. H., his heirs and as- 
 signs, to his and their use and behoof forever. And I, the said A. B., for my- 
 self, my heirs, executors, and administrators, do hereby covenant with the said 
 G. H., his heirs and assigns, that in pursuance of the order aforesaid, I gave 
 public notice of the said intended sale, in manner aforesaid, and that I took 
 the oath by law required, previous to fixing on the time and place of sale, 
 and gave the bond previous to said sale. 
 
 In witness whereof, I, the said A. B., guardian as aforesaid, have hereunto 
 set my hand and seal this .... day of . . . . , in the year A. O, 135. . . 
 
 A. B. [L. s.] 
 
 Signed^ sealed^ and delivered in presence of 
 
DUTIES AND LIABILITIES 
 
 OF 
 
 EXECUTOES & ADMINISTEATOES. 
 
EXECUTOKS AND ADMINISTRATORS. 51 
 
 DUTIES AND LIABILITIES 
 
 OF 
 
 EXECUTORS AND ADMINISTRATORS. 
 
 Appointment of Administrator. 
 
 An Executor is he to whom another man commits the exe- 
 cution of bis last will and testament. If the testator make an 
 incomplete will, without naming executors, or if he name in- 
 capable persons, or if the executors named refuee to act ; in 
 any of these cases the probate court, the surrogate, or other 
 similar tribunal, must grant letters of administration to some 
 person, who is called an administrator with the will annexed; 
 and the duties of the administrator so appointed, nearly coincide 
 with those of an executor. 
 
 The principal points of the office and duty of executors and ad- 
 ministrators are generally very much the same ; excepting that the 
 executor is bound to perform a will, which an administrator is 
 not, unless where a testament is annexed to his administration, 
 and then he differs still less from an executor ; and also, that 
 an executor may So many acts before he proves the will, but 
 an administrator may do nothing till letters of administration 
 are issued ; for the executor derives his power from the will 
 
 Note. An execntoT denves his power over the real estate of the testator from 
 the will, and acts as the trustee of the testator to fulfil a personal trust. The 
 authority of an administrator with the will annexed, emanates from, and de- 
 pends upon legislative enactments. A power to execulors to sell lands situ- 
 ate in Ohio, given by a will made in Virginia, could not be executed by an 
 administrator with the will aimexed, appoinled in Virginia 'under their laws, 
 in the absence of any statute of the Slate of Ohio authorizing the execution 
 of such power by such an administrator. 2 Ohio Rep. 124 j s. c. 3 O. R. 488 J 
 9 O. R 49. See also 2 Blacfcf. Ind. R. 247. 
 
 The final settlement of the accounts of executors and administrators in 
 the probate court, is considered jmrnafade correct ; and the settlement can only 
 be interferred with in very clear cases of fraud or mistake. 4 Blackf. R. 1)5. 
 
 An administrator is liable for any intereal he may have collected on the 
 debts to the estate, U. 
 
63 EXECtfl'OfiS ANB ADMINISTEATOES. 
 
 and not ffom the probate, but the administrator owes his entire* 
 ly to his appointment by the judge of probate. 2BI. Com. 506-7. 
 
 As a consequence of the principle that- an executor derives 
 all his title from the will, his interest is completely vested at 
 the instant of the testator's death ; and therefore before pro- 
 bate, he may lawfully perform most acts that are incident to the 
 office. He may make an inventory, and'possess himself of the 
 testator's effects ; he may enter peaceably into the house oi 
 the heir and take the books of accounts and all other securities 
 for the debts due to the deceased, or remove his goods ; he 
 may pay or take releases of debts owing from the estate ; he 
 may receive or release debts which are owing to it ; he may sell, 
 give away, or otherwise dispose, at his discretion, of the goods 
 of the testator. 1 Salk. 299, and Com. Dig. ; Admin. B. 9. 
 
 An administrator appointed to administer the estate of, a per- 
 son who has left no will, may be the widow or next of kin; in 
 default of these a creditor has the right of administering for the 
 purpose of obtaining payment of his debt, and if there be none 
 such, the judge will appoint whom he thinks lit. Provided, 
 that if the deceased were'a married woman, administration will 
 be granted to her husband, unless she has made some testamen- 
 tary disposition of her separate estate, which makes it proper 
 to appoint some other person. 
 
 A petition to the Judge of Probate praying for administration, 
 is the first paper to be prepared by a person applying for the ad- 
 ministration. It describes the name, residence, and profession 
 of the petitioner, and that he or she is husband, wife, child, 
 father, mother, uncle or aunt of the deceased, (as the case may 
 be) and if the next of kin decline and signify their desire or con- 
 sent to have the petitioner appointed, it states these facts ; and 
 when the next of kin neglect or refuse to administer,* and one 
 of the principal creditors should apply for administration, he 
 should state these facts in his petition. The petition should 
 also state the name, profession of the deceased, and the place 
 where he last dwelt, the time or near the time of his decease, 
 his dying intestate, and leaving goods and estate of which ad- 
 ministration is necessary. 
 
 When it appears that the widow ox next of kin, or whoever 
 they may be, to Whom the right to administer appertains, ap- 
 plies for administration, unless incapable or evidently unsuita- 
 ble, their appointment is made as a matter of course. But if 
 there are equal or prior claims, those who have such claims 
 should express their consent in writing to the judge to have the 
 petitioner appointed, otherwise the judge will order a citation 
 for them to appear, if they see fit, arid show cause why the 
 prayer of the petitioner should not be granted. When there- 
 
 • In Massachusetts for more than thirty days. 
 
DUTIES OF EXECUTOKS AND ADMINISTRATORS. 53 
 
 fore this is the ease, the petitioner should, to save time and ex- 
 pense, always procure the consent of those who have the right 
 to administer, in writing, to his appointment. 
 
 No administration can be originally granted, after the in- 
 testate has been dead twenty years. 
 
 Public administrators are appointed by the governor, for each 
 county, to administer upon the estate of any person who shall 
 die intestate, leaving no heir or kindred in the state, who by 
 law can inherit his estate. M. L. 1839. But a lawful heir 
 may claim the right, or request that some other suitable person 
 be appointed, and the requisite bond be given, ib. 1853. 
 
 Judges of probate may allow executors or administrators to 
 resign, and upon such resignation may grant new letters of ad- 
 ministration. M. L. 1843. 
 
 Generally, whatever is done in Probate Court, should be done 
 on memorial or petition. It will generally be sufficient, if the 
 thing petitioned for be sensibly and plainly stated in the petition. 
 
 It is commonly provided that recording notices, the returning 
 of inventories, notices and affidavits of sale, &c., shall forever 
 after be conclusive evidence of the facts thus recorded. Kxec- 
 utors and administrators should be very careful seasonably to 
 return to the Probate office all such affidavits and notices with 
 the evidence of their service, and have them recorded there ; 
 otherwise, at some distant day, although they had faithfully 
 obeyed the requisitions of law, the evidence of it mightbe lost, 
 and they would be in danger of incurring penalties on the bond. 
 
 Every executor, administrator, guardian, or other person, 
 authorized to make sale of lands, shall be required upon appli- 
 cation to the judge of probate, of any heir, creditor, or other 
 person interested in the estate, to make answer upon oath re- 
 spectmg his exercise and fulfilment of the license including all 
 proceedings under it, as fully as he is now liable to account and 
 to be examined in reference to personal estate ; and if in relation 
 to any sale, any person interested in the estate shall suffer dam- 
 age from his misconduct or neglect, he may recover compensa- 
 tion therefor, on the probate bond or otherwise. M. L. 1857. 
 
 Upon complaint made to the judge of probate by any executor, 
 administrator, heir, legatee, creditor, or other person interested 
 in the estate, against any one suspected of having fraudulently 
 received, concealed, or conveyed away money, goods, or effects 
 of the deceased, such suspected person shall be cued to appear 
 before the judge for exaimination, and if he refuse, he shall be 
 committed to jail. M. L. 1857. 
 
 So, upon complaint made, against any one suspected of retain- 
 ing, or eonceahng, or conspiring with others to retain or conceal, 
 any will or testamentary instrument of the ddceased, the judge 
 may cite such suspected person to appear before him for ex- 
 amination. M. L. 1849. 
 ADM 5 
 
54 DUTIES OF EXECUTORS AND ADMINISTRATORS. 
 
 Bond of Executor or Administrator, 
 
 Every person appointed executor or administrator must exe- 
 cute a bond with sureties for the due performance of his trust.* 
 
 Whenever the penal sum in any bond shall appear to be insuffi- 
 cient, the judge, on the petition of any person interested, may 
 require a new bond. M. L., 1851, c. 31. 
 
 Sureties may, at any time, be discharged prospectively, by 
 " supreme or probate court, and new bond, with sureties thereupon 
 given. M. L. 1843. 
 
 An executor shall be exempt from giving sureties on his bond 
 when the testator has ordered or requested such exemption, or 
 that no bond should be taken, or when all persons, of a^e, in- 
 terested in the estate consent thereto ; provided creditors and 
 guardians have been notified. M. X., 1858. 
 
 The petition and bond may be prepared at home, taking care 
 that the bond is unexceptionable, as to the penal sum, sureties 
 and witnesses. The penal sum of the bond should be double 
 the amount of the estate ; and as the judge in most instances can 
 have no personal knowledge of this, nor of the sufficiency of 
 the sureties offered, nor of the persons to be appointed apprais- 
 ers, it is important to have the opinion in writing of those in- 
 terested in the estate. 
 
 * Form of Administrator's Bond. 
 
 Know all men by these presents, That we, A. B., of , in the 
 
 comity of , widow of the late C. B., as principal, and C. D., of saiU , 
 
 farmer, and E. F., of said , merchant, as sureties, in the Commonwealth 
 
 of Massaehuseils, are holden and stand firmly bound and obliged unto E. G:, 
 Esq., Judge of Probate of Wills, and for granting adminisiralinn, within the 
 
 County of , in the sum of Dollars, to be paid unio the paid Judge 
 
 and his successors in the said office, to the true payment whereof, we bind 
 ourselves and each ofuSjOur and each of our heirs, executors and administra- 
 tors, jointly and severally, by these presents sealed with our seals. Dated 
 day of , in ibe year one thousand eight hundred and fifty-six. 
 
 The condition of this obligalion is such, that if the above bouiideii A. B., 
 w^ho has this day been appointed Administratrix of the estate of L. B. deceas- 
 ed, intestaie. 
 
 First — shall make and return into the Probate Court, for the County of , 
 
 aforesaid, within three months, a true Inventory of all the real eslaie, and all 
 the goods, cbaiiels, rights and credits of the said deceased, which have or shall 
 come to her possession or knowledge ; 
 
 Secondly— shall administer according to law^ all the goods, chattels, rights 
 and credits of the said deceased, nnd the proceeds of all his real estiue, that 
 may be sold for the payment of his debts, which shall at any time come lo the 
 possession of the said admini'itratrix^ or lo the possession of any other person 
 for her ; 
 
 Thirdly— shall render upon oath a true account of her administrnlion with- 
 in one year, and at any other times when required by the said Judge of Probate; 
 
 Fourthly— shall pay any balance remaining in Iter hands upon thp settle- 
 ment of /ter accounts, to such persons as the said Judge of Probaie shall di- 
 rect : and 
 
 Fifthly— shall deliver the letters of administration into the said Probate 
 Court, in case any will of the said deceased shall be hereufier duly proved 
 and allowed: — Then the above written obligalion shall be void, otherwise 
 shall remain in full force. A. B. fL. s.] 
 
 C. D. [L. s.) 
 Signed^ sealed and delivered in presence of E. F. [l. s.] 
 
DUTIES OF EXECUTORS AND ADMINISTRATORS. 55 
 
 The petition, bond and evidence, being tlius prepared, may 
 be presented to the court by an agent, or attorney, when it is 
 inconvenient for the petitioners to attend personally. 
 
 Inventory, Appraisers, and Notice of Appointment. 
 
 After the bond is approved, and a decree of the appointment 
 made, the judge grants to the applicant his letter of administra- 
 tion, and at the same time a warrant of appraisal. Being thus 
 furnished vyith credentials, the administrator may enter upon his 
 trust, by giving notice* of his appointment ; and collecting into 
 his care and custody all the personal estate, and papers of the de- 
 ceased, and forthwith proceed to prepare an inventory of thesame. 
 
 If appraisers are appointed, the executor or "administrator- 
 should deliver them the warrant of appraisement, have them 
 duly sworn before a register of Probate, or justice of the peace, 
 and proceed to exhibit to them all the property of the deceased, 
 his real estate, goods and chattels, rights and credits, and their 
 duty shall be to make out a true and proper inventory of the 
 same, [see Inventory at p. 72 ,] and a return of their doings 
 thereon, and deliver it sealed up, to the administrator. 
 
 When the executor or administrator has completed the in- 
 ventory, he vi'ili take the earliest opportunity of attending the 
 Probate Court, and returning it.f Generally the executor or 
 
 JNoTE. Bondof Indemniiy. 
 
 Should an Executor or Administrator meet with any difficulty in obtaining 
 sureties, ttie Jieirs who are of age, .or any other persons, may execute 
 the following Bond : — 
 
 Know all men by these presents, That we, A. B., C. D., E. F., G. H., 
 
 and I. K., all of B., in the Counly of , are held and firmly bciund to R. S., 
 
 of B. aforesaid, in the sum of dollars, to be paid to the saidR. S., to the 
 
 paymont whereof we jointly and severally bind ourselves and our respective 
 
 heirs firmly by these presents, sealed with our seals. Dated the day ol 
 
 , eighteen hundred and fifty-six. ^ 
 
 Tlie ronditiim of this oblisalion is. That ifihe said A. B., C. D., E. F., G. H., 
 and 1. K,, shall indemnify R. S., against all loss, cost, damage and expense 
 to which he may be subjected by rea.'son of hi-^ signing, at the request and as 
 
 surety for said A. B., a bond lo the Judge of Probate of the counly of , in 
 
 the penalty of dollars, conditioned for the faithful discharge by said A. B. 
 
 of his duties as administrator on the estate of L. M. deceased, then this obli- 
 gation shall be void. A. B. [l. s.] and others. 
 
 SigTiedj scaled and delivered in presence of 
 
 * Within three months after giving bond, every executor or administrator shall 
 cause notice of his appointment to be posted up in two or more public places, in 
 the town in which the deceased last dwelt, or instead of such posting up by pub- 
 lishing the same in some newspaper, or in such oiher maimer as the Judged 
 Probate may d;rect. An affidavit of ihe execuior or administrator, or of the 
 person employed by him. with a copy of the notice, must be recorded in the 
 Prot-ate court within one year after giving bond. Mass. R. S. 66. 
 
 t J^n Massachusetts every executor or administrator shall return to the pro- 
 bate court an inventory of all the property of the deceased within three months. 
 
 The Inventory may be sworn to before the register of probate at all times, 
 either in or out of court. Law of 1652. 
 
56 DUTIES OF EXECUTORS AND ADMINISTEATOHS. 
 
 administrator, can be prepared to decide, at the time of return- 
 ing the inventory, whether it will be expedient to apply for an 
 order for the sale of the personal estate or any part of it, and 
 may at the same time make the application and obtain the order. 
 
 An application for the sale of personal property should be in 
 writing, and briefly state the reasons which render it necessary 
 or expedient; and, if a private sale is requested, the circum- 
 stances which render this proper. 
 
 The judge of probate may permit any executor who is also 
 residuary legatee, to give bond with condition to pay a'l debts 
 and legacies of the testator, and allowance to widow and child- 
 ren. And when such bond shall be given, the executor shall 
 not be required to return an inventory. M. L. 1857. 
 
 Powers of Administrator for the Collection and Payment 
 of Debts and disposal of Personal Property. 
 
 An executor or administrator has large powers and interests 
 conferred on him by law ; being the repiesentative of the de- 
 ceased, and having the same property in his goods as the prin- 
 cipal had when living, and the same remedies to recover them. 
 Whatever is so recovered, that is of a saleable nature and may 
 be converted into ready money, is called assets in the hands of 
 the executor or administrator; that is, sufEcienl or enough to 
 make him chargeable to a creditor or legatee, so far as such 
 goods and chattels extend. Whatever assets so come to his 
 hands he may convert into ready money , to answer the demands 
 that may be made upon him. 
 
 The executor or administrator must pay the debts of the de- 
 ceased if there are sufficient assets. In payment of debts he 
 must observe the rules of priority ; otherwise, on deficiency of 
 assets, if he pays those of a lower degree first, he must answer 
 those of a higher out of his own estate. 
 
 In Massachusetts, and most of the States where the assets are 
 sufficient they are appropriated : First, to the payment of the 
 expenses of the last sickness, and funeral and probate charges; 
 Second, debts due the United States ; Third, rales and taxes 
 and sums due the State ; and then all other debts in equal pro- 
 portion.* 
 
 For the purpose of closing the settlement of an estate the 
 Probate Court may, on petition of executor or administrator, grant 
 a license for the sale or aesignrnent of all outstanding debts, 
 claims or assets due or belonging to such estate. M. L., 1851. 
 
 » In New York debts of the deceased arc paid in Itie following; order : 
 1. Debts eiililled to a preferejice under llie laws of the U. S. 2. Taxes on 
 the estate of the deceased befiire liis deiilh. D. Judgments docketed and de- 
 crees enrolled according lo their respective priorilies. 4. All other debts are 
 put on OJI equal footing with each other. (2 R. S. N. Y.) 
 
DUTIES OF EXECUTOKS AND ADMINISTRATORS. 57 
 
 But nothing in the foregoing act shall deprive executors or 
 administrators of the right to transfer at pleasure, deeds of 
 mortgage, and the real estate thereby conveyed, and the debts 
 thereby secured , either before or after the foreclosure of the 
 same. M. L. 1852, c. 41. 
 
 No legacy can be required until all the debts (presented in time) 
 are paid, unless the executor be indemniiied. 
 
 On petition to the Judge of Probate, made within six months 
 after the relujjn of the inventory, by the executor, administra- 
 tor, creditor, legatee, or any person interested in the estate, 
 he may order the whole or part of the personal estate to be sold 
 at private sale or public auction for the benefit of all concerned 
 in the estate. M. R. S. 67. 
 
 If a part or the whole of the personal estate should be sold, 
 either at public or private sale, the administrator must account 
 for the same to the Judge of Probate ; and the account of sales 
 should state the price for which it sold. Ibid. 
 
 Account of Sales'of Personal Estate. 
 Account of the sales of the personal estate of A. B., farm- 
 er, late of B., in the county of C, deceased, intestate, pursuant 
 to the order of the Hon. Judge of Probate for the County of 
 
 C, dated the day of ■ , 185 — , the sales being made 
 
 on the day of , at C, aforesaid, the 185 — . 
 
 Articles sold. 
 
 Appraised Value. 
 
 Sold for. 
 
 Purchasers' names. 
 
 
 $75 00 
 75 00 
 20 00 
 18 00 
 
 f 80 00 
 70 00 
 18 00 
 21 00 
 
 C. D. 
 
 I yoke of Oxeu 
 
 E. F. 
 G. H. 
 
 
 L. M. 
 
 
 
 
 138 00 
 
 189 00 
 188 00 
 
 
 
 
 
 Net sain 
 
 SI 00 
 
 
 If there is money enough arising from the sales of the personal 
 estate to pay the debts, funeral and administration charges, and 
 widow's allowance, the administrator will proceed to pay those 
 claims, and render his account of administration as soon as the 
 year closes. [See Form of Administrator's Account at p. 72 .] 
 
 What is considered Personal Estate. 
 Leases for years are considered as personal estate, and may 
 be sold by the executor or administrator as other personal estate. 
 So are stocks in the public funds, and shares in banks or any 
 incorporated company, or copy-rights and patent rights. 
 
 Mortgages and assignments of mortgages, and the debt se- 
 cured thereby are considered as personal assets in the hands of 
 the executor and administrator. 
 ADM 5* 
 
58 DUTIES OF EXECUTORS AND ADMINISTEATOKS. 
 
 If a tenant for his own life sows or plants the land and dies 
 before harvest, his executors or administrators shall have the 
 profits of the crop. 2 Blac. Com. 122. 
 
 Trees not severed and their fruit, as apples, pears,' &c., go 
 to the heir and are not assets. So grass growing, though fit 
 to be mowed. But corn, though growing, and all things of 
 ihe kind produced annually hy labor and cultivation, go to the 
 pxecutor or administrator, and this includes roots in the ground 
 which are produced by labor and art, by annual Cultivation. 
 
 The executor or administrator is also chargeable with, as as- 
 setsi all chattels, real and personal, he receives from the de- 
 ceased ; as terms for years in lands, houses, mortgages, and 
 debts thereby secured, until the equity of redemption is fore- 
 closed or released, and the mortgagee is in possession. And if 
 not mentioned to whom payable, is payable to the executor or 
 administrator, and not to the heir, because originally derived 
 out of the personal estate. Dane's Ab. 
 
 Emblements go to the executor or administrator as assets, and 
 all property a lessee for years has in trees, but his fruit, &c., 
 goes to his executor or administrator as assets, but these must 
 be severed during the terra. Ibid. 
 
 Vegetables, animals feres natura, are assets in the hands 
 of the executor, and the mitiutest property of the deceased in 
 his animals in point of value goes to the executor, as house- 
 dogs, &c., or left only for pleasure or whim, as parrots, &c., 
 vegetables, as fruit, plants or trees when severed, are assets, as 
 grass mown, and apples gathered. 11 Yin. Ab. 175. 
 
 Disposal of Real Estate. 
 
 If there should appear a deficiency of personal estate, the 
 executor or administrator shall present to the court a petition for 
 license to sell so much of the. real estate, if any, or enough there 
 be, as is necessary to pay the debts, administration charges, &c. 
 
 The testator not unfrequently gives an authority in the will 
 to the executor to occupy and improve the real estate or a part 
 of it for specific purposes, or to make sale of the whole or a 
 part of it for the payment of debts, legacies, &c. In such cases 
 he must pursue the course pointed out by the will. 
 
 If the testator, by his will, gives the executor no special 
 authority relating to the real estate ; then the authority he has, 
 is similar to that of an administrator. 
 
 At common law the lands descend to the heir, on the death of 
 the owner, subject to the payment of debts, if there be a defi- 
 ciency of personal assets. The adminislnrator frequently en- 
 ters on the lands, and accounts for the rents and profits in the 
 probate court; and*this practice may not be inconvenient to the 
 heirs. But in law the admihistrator has no right to enter into 
 
LIABILITIES OF EXECUTORS AND ADMINISTKATOKS. 59 
 
 the lands, or take the profits. He has no interest in them, but 
 a naked authority to enter for the purpose of inventorying them, 
 and to sell them, on license, to pay debts, when the personal 
 estate is insufficient. 4 M. R. 356. 
 
 Executors and administrators, or other persons, givingbonds 
 to judge of probate, may be exempted, at the discretion of the 
 jodge from giving bonds for the proceeds of the sales of real 
 estate, except when authorized to sell the same. M. L. 1850. 
 
 Any real estate held by an executor or administrator, in mort- 
 gage, or taken in execution by him, may be sold at any time, 
 before the right of redemption is foreclosed, in the same man- 
 ner as the persona) estate of a deceased person may be sold by 
 an executor or administrator. M. L. 1849. 
 
 The notice which the statutes require to be given, by an ad- 
 ministrator who obtains license to sell the real estate of his in- 
 testate, of the time and place of sale, is essential to the validity 
 of the sale; and in the absence of all evidence that such notice 
 was given, no presumption will be made, within thirty years, 
 that it was given. 8 Met. 355. 
 
 Liabilities of Executors and Administrators. 
 
 Executors and administrators are held to be liable to the val- 
 ue of assets in their hands, on all such contracts of the deceased 
 as are broken in his life time ; and (with the exception of con- 
 tracts in which personal skill and taste is required,) on all con- 
 tracts broken after his death. 
 
 No verbal promise by an executor or administrator to pay a 
 debt ol his testator or intestate, makes him liable out of his own 
 estate ; for first, it is enacted by the Statute of Frauds that no 
 action shall be brought whereby to charge an executor or ad- 
 ministrator upon any special promise to answer damages out of 
 his own estate, unless the agreement upon which such action 
 shall be brought or some memorandum, or note thereof, shall be 
 in writing, and signed by the party to be charged therewith, or 
 some other person by him lawfully authorized ; and secondly, 
 because in order to render an executor or administrator person- 
 ally responsible for such a demand, it is essential not only that 
 his promise should be in writing and signed, but that there should 
 exist some new and sufficient consideration for such promise, 
 such as forbearance, or the like. But it would seem that for- 
 bearance to sue even for a legacy, is a sufficient consideration 
 for the promise of the executor. So, an agreement by the cred- 
 itor to wait for payment until a future day, is a sufficient consid- 
 eration. And it seems that, if a.n executor promise to pay a 
 debt of his testator, merely in consideration of his having assets, 
 that will be sufficient to charge the executor personally on such 
 promise. Chitty on Contracts, 243. 
 
60 LIABILITIES OF EXECTTTORS AND ADMINISTllATOES. 
 
 II an executor give orders for the funeral of the deceased, 
 or ratify orders given for it by another, he will be personally 
 liable for the reasonable expenses thereof; and so, if he neg- 
 lects to give orders for Ihe funeral of his testator, and has 
 sufficient assets, he is personally liable on an implied promise 
 for the expenses of a funeral, suitable to the testator's degree 
 and circumstances, unless such expenses were incurred on the 
 credit of some other person. Ibid. 
 
 If an executor or administrator indorse a bill or note, he is 
 personally responsible, although the instrument was vested in, 
 and transferred by him, in his represenlative character. So, if 
 he make a promissory note whereby he promises, " as execu- 
 tor " to pay a sum of money, " with interest on demand," he 
 is personally liable thereon, without reference to assets. Ih. 246. 
 
 So, also it is settled law, that, if a note be assigned to an ex- 
 ecutor or administrator, as such he may maintain an action on it 
 in that capacity ; but if it be indorsed by an executor or adminis- 
 trator, the indorsee may maintain an action against him in his 
 private capacity ; and it has been said, that in this instance, the 
 contracting as executor or administrator, will not screen a pet- 
 son from being responsible in his private capacity. ISid. 190. 
 
 If an administrator execute a ccmtract in writing, as adminis- 
 trator, it will nevertheless bind him in his private capacity. 6 
 M. R. 53. 
 
 Every executor in his own wrong, is liable for the full value 
 of the goods or effects of the deceased taken by him, and for 
 all damages caused by his acts, to the estate of the deceased ; 
 and he shall not be allowed to retain or deduct any part of the 
 goods or effects, excepting for such funeral expenses or debts of 
 the deceased, or other charges actually paid by him, as the right- 
 ful executor or administrator might have been compelled to pay. 
 
 An executor or administrator in his own wrong is one who 
 undertakes to act as such without a legal appointment. 
 
 If an executor or administrator commence a suit, and fail to 
 support it, judgment will be rendered against his own goods 
 and estate for costs ; but he may, after payment of such costs, 
 charge it in his account of administration, to be allowed or not, 
 as may appear to the Judge of Probate that the suit was dis- 
 creet or otherwise ; and thus justice may be dune to all persons 
 interested, and the discretion of the administrator be subject to 
 wholesome restraint. 15 Mass. 530. 
 
 The charging of himself with the personal estate in the ac- 
 count as executor or administrator, is prima facie evidence only 
 of assets, to the amount of the inventory ; for if, by inevitable 
 accident, a part of the articles inventoried should be lost, with- 
 out the fault or neglect of the executor or administrator ; or 
 if, in a sale, fairly conducted, the real value or proceeds should 
 be found less than the appraisement, the loss or difference 
 
LIABILITIES OF EXECUTOKS AND ADMINISTRATOIIS. 61 
 
 will be allowed, in the adjustment of the account, or these 
 ciroutnstances^may be given in evidence to lepei a charge of 
 waste. 
 
 If the effects of the deceased are sold "or embezzled by any 
 person who has not taken out letters testamentary or of admin- 
 istration thereon, and given bond as executor or administrator, 
 he shall be liable to the actions of the creditors, as an executor 
 in his own wrong. M. R. S. 64. 
 
 An executor or administrator should object to all claims not 
 recoverable by law. 
 
 Judges of Probate may authorize executors and administra- 
 tors, to adjust by arbitration or compromise any claims and de- 
 mands in favor or against the estates by them represented. 
 M. L., p. 80, 1855. 
 
 When any debtor shall not have assets sufBcient to pay all his 
 debts, the executor, or administrator, with the approbation 
 of the Judge of Probate, may compound with such debtor and 
 give him a discharge, upon receiving a fair dividend of his es- 
 tate and effects. , 
 
 Landsdescended in another state are notassetsin Massachusetts. 
 
 The receipt of a collector of taxes is necessary to be pro- 
 duced in order to have the charges for the payment of taxes by 
 the executor or administrator allowed in his account of admin- 
 istration ; and also satisfactory proof of other payments. 
 
 An administrator is under no obligation to advance his own 
 money for the benefit of the estate of his intestate, and if he 
 does no interest will be allowed him by the probate court in his 
 settlement of his administraticm accounts. As it is no part of 
 his duty to advance his own funds, but always in his power to 
 raise money from the estate. 
 
 If the administrator receive the rents and profits of lands of 
 the deceased, he must account for them as for personal estate, 
 and may apply them, if "wanted, to the payment of debts, and 
 if not wanted, they will be distributed as personal estate. 
 
 But the rents and profits of the land received by the heirs 
 are not assets. 
 
 If an executor or administrator release a debt or any contract, 
 by which his testator or intestate was entitled to a sum of money 
 or any other advantage, the release is in his own wrong, and he 
 will be chargeable for the amount or value. 
 
 So if he compound debts or mortgages, and buy them in, even 
 with his own money, ior less than is due upon them, the exec- 
 utor or administrator is not to have the advantage to himself; 
 but it belongs to the creditors and legatees or party entitled to 
 the surplus. 
 
 So if an executor redeem a pledge with his own money, it 
 shall be assets in his Jiands to pay debts and legacies. 
 
 And when the assignee of a bankrupt, after his decease, as- 
 
62 LIABILITIES OF EXECUTORS AND ADMINISTEATOKS 
 
 signed his chose in action and other personal estate to his ad- 
 ministratDr, with the will annexed for his own i^pe and benefit, 
 although he had paid a consideration therefor out of his own 
 money, yet he was s!ill held accountable for the same to the 
 creditors and legatees-. 
 
 The executor or administrator has no control over lands, un- 
 less they are required for payment of debts. 
 
 Although an executor or administrator has no right to 
 enter and occupy the real estate of the deceased, against the 
 will of the heirs, yet he may do so with their implied C(msent, ac- 
 counting for the rent and profits, as may be agreed on liy the 
 parties, and the rents and profits, when ascertained, will be- 
 come a part of the fund if wanted, for the payment of debts; 
 and if not wanted, they will form a part of the distributive 
 shares of the personal estate. 16 M. R. 280 ; 1 Pick. 157. 
 
 If a man erect buildings on land belonging to his wife, 
 his executor or administrator will have no right to take them 
 to administer upon ; but they belong to the wife. 
 
 Where the administrator of an insolvent estate, under a 
 license of court to sell the real estate of the intestate, for the pay- 
 ment of his debts, in his deed, covenanted in his said ca- 
 pacity of administrator, that he, as administrator, was law- 
 fully seized, and in his paid capacity had good right to sell, 
 and that as administrator . he would warrant and defend the 
 same, and he signed and sealed the deed as administrator; 
 it wag held that he was personally liable on his covenants. 8 M. 
 R. 162. 
 
 It therefore behooves executors and administrators, who sell 
 real estate, to be cautious what covenants are contained in their 
 deeds and never to guarantee the title of property sold by a 
 license from court any farther than as it respects the legality of 
 their own proceeding. 
 
 The genera] rule has been, not to chirge executors with in- 
 terest, when their accounts are settled in the ordinary course, 
 and the reason is, that they are not at liberty to risk the money 
 belonging to the estate which they represent, and they are to 
 be always ready to pay it over according to the directions in the 
 will, or the decree of the probate court. 
 
 But this rule admits of an exception, where it shall appear, 
 that the executor has actually made use of the money, and this 
 fact may be proved by direct testimony, or may be inferred from 
 long delay in settling his accounts, or in paying over the bal- 
 ance in his hands after it has been demanded, or perhaps from 
 other circumstances. 
 
 Where the executors credited themselves in an administra- 
 tion account with a gross sum of interest, received by them of 
 the debtors to the estate, without showing at what limes it had 
 been received, or the amount received of each debtor ; it was 
 
LIMITATION OF SUITS AGAINST ADMINISTRATOR. 63 
 
 held on an appeal to the supreme court, that the appellant had 
 a right to exact a specification of the times when the several 
 sums were received, and that the executors could not protect 
 themselves, by such general credit. 
 
 Every executor or administrator is required within a certain 
 time* to render his first account of his administration upon 
 oath ; and also, in like manner such further accounts of his 
 administration, from time to time, as may be necessary or con- 
 venient, or when required by the Judge of Probate. [See Ex- 
 ecutor's and Administrator's Account at p. 72.] 
 
 If the executor or administrator refuse or neglect to settle his 
 account of administration, the heir at law, or legatee, may peti- 
 tion the Judge of Probate that said executor or administrator be 
 cited to render his account of administration agreeably to law. 
 
 When suit can be commenced against Administrator. 
 
 The administration bond may be put in suit by any creditor, 
 for his own benefit, whenever he has recovered judgment against 
 the executors or administrators, and they having assets, have 
 neglected to pay his deht on demand, or show property to be 
 taken in execution for that purpose ; or when the amount due 
 him has been ascertained by the decree of distribution, and the 
 executors or administrators neglect to pay on demand. M R.S.IO. 
 
 Such suit may be brought by the next of kin to recover his 
 share of the personal estate, alter a decree of the court ascer- 
 taining the amount due him, if the administrator or executor 
 neglect to pay on demand , and generally it may be brought by 
 any person interested in the estate who may be authorized by 
 the judge. Ibid. 70. 
 
 Suits on administration bonds must be brought in the Supreme 
 Judicial Court for the county in which the administration bond 
 is taken. Ibid. 70. 
 
 Tf, in consequence of unreasonable delay on the part of any 
 executor or administrator to convert the estate of the deceased 
 into money, said estate shall be taken in execution by any cred- 
 itor of the deceased, it shall be deemed unfaithful administra- 
 tion, and such executor or administrator will be liable in an ac- 
 tion on his bond for all damages occasioned thereby. Ibid. 66. 
 
 The bond of any executor or administrator neglecting to ren- 
 der an account when duly cited by the judge, may be put in suit, 
 and if he persist in such neglect, judgment will be rendered 
 against him, and he will be held liable as if he had been an ex- 
 ecutor in his own wrong. Ibid. 67. 
 
 Limitation of Suits against Administrator. 
 
 No executor or administrator will be held to answer to the 
 suit of any creditor of the deceased, within one year after the 
 giving of the administration bond, u nless it be for the recovery 
 * 111 Massachuseus and New Hampshire the lime is one year. 
 
64 INSOLVENCY OF THE ESTATE. 
 
 of a demand that would not be affected by the insolvency of the 
 estate, or unless such suit be brought after the estate has been 
 represented insolvent for the purpose of ascertaining a contested 
 claim. M. R. S. 66. 
 
 An administrator is bound to account for funds received more 
 than twenty years after the distribution of the estate. 
 
 In order to expedite the settlement of estates, as well as to 
 relieve executors and administrators from vexation and uncer- 
 tainty, the time is limited, within which all creditors, whose 
 debts are due and payable, must present their claims or be for- 
 ever barred.* 
 
 But there may be other demands, neither due nor payable 
 during the liability of the executor or administrator, such as 
 covenants and contracts not broken, but which, may afterwards 
 be broken. The provision for these is, that an action may be 
 brought upon them, against those who inherit the estate, with- 
 in one year from the actual accruing of the right of action. 
 
 But those debts which are due but not payable within such 
 time, may be filed in the probate office, and the executor or ad- 
 ministrator may retain assets in his hands sufficient to discharge 
 them, unless the heirs will take upon themselves the payment, 
 or give a bond with sureties to the executor or administrator 
 conditioned to refund the amount. so paid, or as much thereof 
 as may be necessary, and to indemnify the executor or adminis- 
 trator against all loss or damage on account of such payment. 
 
 Insolvency of the Estate. 
 I-f the administrator pay debts in full, believing the estate 
 solvent, and new claims come in and render the estate insolvent, 
 he may recover back the excess of what he has paid over the 
 creditors' equal proportion. So, if the general legatees have 
 been paid, they are bound to refund a rateable part. 
 
 * In Mas<aclivsHts ihe time is limited to two years from the date of tlie bond. 
 M. L., I). 29, 1S52. 
 
 But if assets come into the executor'.* or administrator's hands after the expi- 
 ration of the Itwo'] years, he shall account for and apply the same in like man- 
 ner, as if they had lieen received wiihin the {two] years; aiid'he shall be 
 liable to an action of law on account of such new assets by or H»r the benefit 
 of any crediior, provided the acliun be commenced within one year afler the 
 creditor shall have received notice of the receipt of such new assets, and not 
 more than {two'] years after the same shall be actually received. 3Iass. R. 
 S. 5. 4, c. lib. 
 
 1. Whenever any executor or administrator shall die, resign, or be removed, 
 ' without having fully administered tlie estate of the deceased, nnd a new ad- 
 ministrator shall be appointed, such new administrator shall he liable to the 
 action of ihe creditors for the space of two years from the date of his bond. 
 Mass. Laws, p. 29j 18'2. 
 
 2. If in any action duly commenced before the expiration of the two years, 
 the writ shall fail of a sufficient service or return by any unavoidable accident, 
 oi[ if the writ be abated or defeated by any defect in the form, or of a mistake 
 in the form of proceeding, or if. alter a verdict for ihe plaiinifl", the judgment 
 shall be arrested, or if a judgment for the plaintiff be reversed on a writ of 
 error, the plaintiff may commence a new action for the same cause at any 
 lime within one year after the abatement or reversal of judgment.— i6. 23, 1S55. 
 
DISTRIBUTION OF THE ESTATE. 65 
 
 An administrator of an insolvent estate is not bound nor has 
 he a right, for the benefit of the widow and heirs, to apply the 
 personal assets to the redemption of a mortgage made by the 
 intestate ; the creditor's lien on the personal estate being para- 
 mount to their claims. 5 Pick. R. 146. 
 
 If either before the sale of the real estate or after, there 
 should be debts exhibited to the administrator against the es- 
 tate, exceeding the whole amount of the inventory, or sufficient 
 to render it highly probable that the estate will eventually be 
 insolvent, he should prepare a list of all the debts against the 
 deceased's estate within his knowledge, stating each creditor's 
 name, and the amount due him ; also the widow's allowance, 
 if any, and the probable charges of administration in settling 
 the estate ; and also the amount of property in his hands to be 
 administered, and present the same to the Judge of Probate, 
 with a representation of insolvency. 
 
 If it shall appear to the judge from the representation of the 
 executor or administrator, that the estate of the deceased is prob- 
 ably insolvent, he will appoint commissioners to examine all 
 claims, and return to the probate court a list thereof with the 
 sum they have allowed on each claim, within six months, (or 
 eighteen months, if so much is required) from the date of the 
 commission. Appeals may be made from the decision of the 
 commissioners to the courts of common law. After thirty 
 days from the return of the commissioners, the judge will order 
 a distribution of the effects among the creditors, and if the 
 whole assets are not then distributed, further distribution will 
 be made a,s the judge shall order. M. R. S. 68. 
 
 Distribution of the Estate. 
 
 Until the executor or administrator is required to settle his 
 account of administration, no decree of distribution can be 
 made, nor suit commenced against the administrator until he 
 has been so required and cited by the Judge of Probate to ap- 
 pear and render liis account. 
 
 After payment of all the debts the remainder of the estate 
 is to he distributed agreeably to law, or the will of the testa- 
 tor, or both. 
 
 Distribution is made according to the law of the state to 
 which the deceased at his death was a subject. 
 
 Distribution of Personal Estate of intestate in Massachusetts. 
 
 When any person dies without liaving disposed of his personal properly 
 by will, it shall be applied and distributed as follows :— 
 
 1. The articles of apparel and ornament of the widow, and the apparel of 
 minor children of a deceased person, shall belong to them respectively. 
 
 2 Such parts of the personal estate of one deceased, as the probate court, 
 having regard to all the circumstances, may allow as necessaries to his 
 
 ADM 6 
 
66 ESTATES IN DOWEK. 
 
 Estates in Dower. 
 
 In all the states (except California, where the right of dower 
 and the husband's tenancy by the curtesy is abolished), every 
 married woman is endowed for life, to an interest of one-third 
 part in all the lands and tenements, or real estate, of her hus- 
 band, — to be assigned to her after his decease, unless she is 
 lawfully barred thereof. 
 
 This right is paramount to debts and all other claims. 
 
 By the common law no act of the husband alone, after mar- 
 riage, can deprive the widow of her dower. But she may re- 
 lease it by joining her husband in conveyances o-f the estate, or 
 by releasing the same by a subsequent deed ; or dower may be 
 barred by a jointure settled on her, with her assent, before 
 marriage ; or by any pecuniary provision made in lieu of dow- 
 
 ■widow, for herself a»d family under her care, or if there is no widow, to his 
 minor children, not exceeding fifty dollars to any child, and also such provis- 
 ions and other articles, as shall be necessary for the reasonable sustenance of 
 his family, and the use of the house and furniture therein, for forty days after 
 death, shall not be taken as assets for the payment of debts^ legacies, or 
 charges of adminrstralion. 
 
 The remainder shall be applied to pay his funeral charges, settling his 
 estate, and paying his debts : 
 
 The residue shall be distributed among the same persons who would be 
 entitled to the real estate, and in the same proportion as there prescribed, 
 except as is herein provided : 
 
 1. If the intestate was a married womEiH, her husband shall be entitled to 
 ihe whole of the residue ; 
 
 2. If the intestate leaves a widow and issue, the widow shall be entitled 
 to one-third of the residue ; 
 
 4. If tbere is no issue, the widow shall be entitled to the residue to the 
 amount of five thousand dollars, and to one-half the excess of such residue 
 above ten thousand dollars ; 
 
 5. If there is no husband, widow or kindred of the intestate, the whole 
 shall goto the Commonwealth ; 
 
 6. If the intestate leaves a widow and issue, any advancement which has 
 been made to the issue is not to be computed in the distribution to the widow. 
 But she shall be entitled only to the third part of the said residue, after deduct- 
 ing the value of the advancement. 
 
 General Rules of Descent in Massachusetts. 
 
 When a person dies seized of real property, without having devised the 
 same, it shall descend, subject to his debts, (excepting homestead,) in the 
 manner following : — 
 
 1. In equal shares to his children and the issueof any deceased child, by 
 right of representation ; and if there is no child of intestate living at his death, 
 then to all his other lineal descendants ; if all the descendants are in the same 
 degree of kindred to the iniestate, they shall share the estate equally ; other- 
 wise they shall lake according to the right of representation. 
 
 2. If he leaves no issue the estate shall go to the father : 
 
 3. If he leaves no issue, nor father, his estate shall go in equal shares to 
 his mother, if Irving, and his brothers and sisters, and to the children of any 
 deceased brother or sister, by right of representation : 
 
 4. If he leaves no issue, nor father, and no brother nor sister, living at 
 his death, then to his mother, to the exclusion of the issue, it any, of deceased 
 brothers or sisters : 
 
 5. Ifhe leaves no issue, father, mother, brother nor sister, then to his next 
 of kin in equal degree : 
 
ADVANCEMENT. 67 
 
 cr, if assented to by her before marriage ; and also by pro- 
 vision m the will of her husband in lieu of dower, if accepted 
 by her within a certain time after probate of will. She may 
 make her election but cannot take both. 
 
 A husband cannot deprive his wife of her right to dower, for 
 it is not he that gives her such right, but the law. 
 
 It is well understood by the common law, and the principle 
 has been repeatedly settled in this court, that the dower of the 
 widow is not to be assigned, so as to give her one third of the 
 land in quantity, but so that she may enjoy one third of the 
 rents and profits or income of the estate. 15 M. R. 167. 
 
 A widow cannot make a valid conveyance of her right of 
 dower until it has been assigned her according to law. 
 
 Besides her right of dower in real estate, she is entitled, af- 
 ter payment of the debts, to a certain portion of the personal 
 property. — [See title " Rights in Property of Married Wo- 
 men,''^ in Trader's Gitide, one of this series, pp. 131, et seq.l 
 
 Advancement. 
 The true notion of an advancement is a giving, by anticipa- 
 tion, the whole or a part, of what it is supposed a child will 
 be entitled to on the death of the parent, or the party making 
 the advancement. In Massachusetts it must be proved to have 
 been intended as an advancement, chargeable on the child's 
 share of the estate by written evidence of the parent's intention 
 to that effect. But an acknowledgment of full satisfaction, and 
 a release of all claim, by the child, will have the same operation. 
 An advancement made to a child, who dies before the parent, 
 will be allowed against the grandchildren. A debt due from 
 a child is not an advancement, though charged in the form of a 
 book debt, unless the parent by his will so direct. 
 
 Tenant hy Curtesy 
 At common law, is, where a man's wife seized in fee has is- 
 sue by him born alive, which, by any possibility, may inherit, 
 and the wife dies ; when the husband holds the lands during his 
 life, and is called tenant by the curtesy. This law exists in 
 most of the states, but in some it is modified or abolished. 
 
 8. Ifthe intestate leaves a widow and no kindred, his estate shall descend 
 to his widow ; and ifthe intestate is a married woman and leaves no kindred, 
 her estate shall descend to her husband : 
 
 9. If intestate shall leave no kindred, the estate goes to the Commonwealth. 
 An illeffilimate child shall inherit the estate of bis mother ; but can claim no 
 
 part of the estate of any of her kindred ; and the mother shall inherit the estate 
 of an illegitimate child, who shall die without lawful issue. 
 
 When after the birth of an illegitimate child, his parents shall interraar- 
 rj', and the father shall acknowledge him as his child, such child shall be con- 
 sidered legitimate. . , . ., 
 
 The de'^rees of kindred shall be computed according to the rules oi the civil 
 law. The kindred of half blood shall inherit equally with those of the whole 
 blood in the same degree. 
 
68 ADMINISTKATOES' FORMS. 
 
 ADMINISTRATORS' FORMS. 
 
 The law has not piesoribed any particular form for petitions 
 and applications to the judge of probate. Blank Forms of 
 Petitions, and other Instruments, can usually be obtained at the 
 Probate Office. Each court has its peculiar forms, and the 
 Judges prefer that those should be used which have been 
 adopted by the Court. 
 
 Form of Petition for Administration, by a Widow, 
 
 To THE Honorable Jddge or the Court op Probate, with- 
 in the County of . 
 
 The petition of A. B. of , in said county of , widow, re- 
 spectfully represents that G. B,, mercfiani, was last an inhabitant 
 
 of , in said county, and died on or about the August last, intes- ■ 
 
 tate, leaving goods and estate, of which administration is necessary ; that 
 your petitioner is th£ widow of said deceased, and is ready to give bonds 
 with sufficient sureties for the faithful discharge of that trust. 
 
 Wherefore she prays that your honor would grant her administration 
 on the estate of said deceased, agreeably to law in such case made and 
 provided. 
 
 Dated at , this day of , in the year 185 . A. B. 
 
 At a Probate Court held at , in said county, on Monday, the 
 
 day of , in the year one thousand eight hundred and fifty . The 
 
 foregoing petition being duly considered, it is thereupon decreed by the 
 court here that administration on the estate of the said deceased, as there- 
 in prayed for, be granted to the said A. B., she giving bonds according 
 to law for the faithtiil discharge of that trust. 
 
 C. D., Judge of Probate. 
 
 Petition for .Administration by a Husband on his Wife's Estate. 
 To THE Honorable &c. 
 
 The petition of A. B. of , in said county of , respectfully rep- 
 resents that C. D., late wife of your petitioner, died on the day of 
 
 May last, intestate, leaving goods and estate, of which administration is 
 necessary ; that your petitioner was the husband of said C. B. at the 
 time of her death, and is ready to give bonds, with sufficient sureties 
 for the faithful discharge of that trust. 
 
 Wherefore, &c. (Same as above.) 
 
 Petition of a Creditor, when the Widow and next of kin neglect 
 
 or refuse to take out Administration. 
 To the Honorable Jddge &c. 
 
 The petition of A. B. of , in said county, merchant, respectfully 
 
 represents that C. D., merchant, was last an inhabitant of , in said 
 
 county, and died on the day of , intestate, leaving goods and 
 
 estate, of which administration is necessary ; that more than thirty days 
 have expired since his deathj that the widow and next of kin of said de- 
 
ADMINISTRATOKS' FORMS. 69 
 
 ceased have hitherto neglected to take administration upon his estate ; 
 that your petitioner is one of the principal creditors to said estate. 
 
 Wherefore your petitioner prays that the widow and next of kin may be 
 cited to take administration upon his estate, or shew cause why the same 
 should not be granted to your petitioner, or some other suitable person. 
 
 Dated at B. this — day of — , A. D., 185—. 
 
 Petition of the next of kin when the Widow waives her right, 
 
 with the Certificate of waiver. 
 To THE Honorable Judge &c. 
 
 The petition of A. B. of , in said county, merchant, respectfully 
 
 represents that C. D., merchant, was last an inhabitant of , in 
 
 said county, and died on the day of , intestate, leaving ^oods 
 
 and estate, of which administration is necessary; that your petitioner 
 is next of kin of said deceased, and has been requested by his widow to 
 assume said trust, (or other cause as the case may be,) and is ready to 
 give bonds with sufficient sureties for the faithful discharge of that trust. 
 
 Wherefore he prays that your honor will grant him administration on the 
 estate of said deceased, agreeably to law in such case made and provided. 
 
 Dated at B. this — day of—, A. D., 185— 
 
 Note. If the children, or any of them, are of age, or if.no children, 
 the next of kin entitled by law next after the widow to administration, as 
 father, mother, uncle, aunt, &c., may signify their consent also in writ- 
 ing, and then say, she with the children, (or father, or mother of the de- 
 ceased, as the case requires) as by their certificate annexed, have de- 
 clined to administer on said estate, and requested your petitioner, and so 
 on as above. 
 
 Certificate for a Widow, or Widow and next of kin declining to 
 j^dtninister, — to be annexed to the above Petition. 
 
 To THE HONOKABLE JuDGE &C. 
 
 The subscriber, widow of A. B., merchant, late of , in said coun- 
 ty, deceased, intestate, hereby declines the administration of his estate, 
 
 and requests that C. D., merchant, of , in the county of may be 
 
 appointed to that trust. 
 
 C. B; widow of the deceased. 
 
 Note. If there be children of age, or next of kin who petition with 
 the widow in her certificate, then say, we, the subscribers, widow and 
 children, or widow and father, or mother, &c., [as the case may be] of 
 A. B., merchant, late of , in &c., as above. 
 
 A Certificate of a Widow and Heirs approving of an account of 
 Administration. 
 This may certify that we, the subscribers, the widow and heirs at law 
 of the estate of A. B., merchant, late of ,in the county of — — , de- 
 ceased, intestate, having examined the foregoing account of administra- 
 tion, are satisfied that it is just and true, and have no objection to the 
 same being allowed. „ „ , „ „ , . 
 
 C. B., widow, H. G. and E. F., heirs. 
 
 Dated, &c. 
 
 Form of Petition for sale of Personal Estate. 
 To The Hokobable Jddge, &c. 
 
 The petition of A. B., merchant of , administrator of the goods 
 
 and estate of C. D., merchant, late of , in the county of , de- 
 
 6* 
 
70 ADMINISTRA toes' FORMS. 
 
 ceased, testate; that it would be more for the benefit of those con- 
 cerned in the estate of said deceased, that the personal estate of said 
 deceased, should be sold at public or private sale, [as the case may be] 
 than to hold the said administrator to account for the Bame,jiccorduig to 
 the appraisal thereof in the inventory of said estate. 
 
 Wherefore the said petitioner prays that your honor would order the 
 esate to be sold at , according to law in such case made and provided. 
 
 Dated at , day of , 185—. 
 
 Petition of an Administrator for further time to exhibit and set- 
 tle his account of Administration. 
 
 To THE Honorable Judge &c. 
 
 The petition of C. D., merchant, of . in the county of , ad- 
 ministrator on the goods and estate of E. F., merchant, late of , in 
 
 the county of , intestate, respectfully represents, that your petitioner 
 
 was allowed from the day of to exhibit and settle his account 
 
 of administration, that said term of time has nearly expired (here state 
 the reason.) Your petitioner therefore prays that the further time of^— 
 may be allowed him to settle said account. 
 
 Dated, &,c. 
 
 Complaint of an Administrator against persons suspected of con- 
 cealing Goods of deceased persons, Lunatics, Sfc. 
 
 To THE Honorable Jddge &c.. 
 
 The petition of C. D., merchant, of , in the county of , ex- 
 ecutor [or administrator] of the estate of A. B., merchant, late of , 
 
 in the county of , deceased, respectfully represents and complains 
 
 upon oath, that he has good cause to suspect, and doth suspect, that "E. 
 
 F., merchant, of , in the county of , has concealed, embezzled, 
 
 or conveyed away ■ part of the estate of said deceased, [or estate of, 
 
 &c.] Wherefore he prays that the said E. F. may be cited to appear 
 before your honor, to be examined concerning the premises, or otherwise 
 dealt with, as the law in such case directs. 
 
 Dated &c.. 
 
 Administrator's Petition for Distribution of Estate. 
 To THE Honorable Judge &c. 
 
 The petition of A. B., of , in said county of , respectfully rep- 
 resents, that he is administrator of the goods and estate of C. D., late of 
 B. in said county of — — , deceased, intestate, and that he has settled his 
 account of administration of the estate of said deceased ; and the residue 
 of the personal estate remaining in his hands amounts to the sum of ^— 
 dollars, to be distribu'ed the of said deceased, and that 
 
 Your petitioner therefore prays that distribution of said residue may be 
 decreed to him agreeably to law. 
 
 Dated at B., this day of , in the year 185— 
 
ADMINISTRATOES FORMS. 71 
 
 Complaint of an Administrator against one who has been en- 
 trusted with Estate of the deceased, and refuses to account. 
 To THE Honorable Judge^ &c. 
 
 Complains upon oath C. D., merchant, executor of the last will and 
 testament (or administrator of the goods and estate) of A. B., merchant, 
 late of , in the county of , deceased, that he some time since en- 
 trusted E. F., merchant, of -in the county of — — , with estate of the 
 
 ■aid A. B., and that the said E. F. hath refused to render account thereof 
 ^ to your complainant, although he hath been requested so to do. Where- 
 fore he prays that the said E. F., may be cited to appear before your hon- 
 or, to render such account as by law he ought. 
 Dated, &c. 
 
 Petition of a Widow for Allowance out of Personal Estate. 
 To THE Honorable Judge, &c. 
 
 The petition of C. F., widow of , in the county of , respect- 
 fully represents that C. D., merchant, is administrator of the goods and 
 
 estate of E. F., merchant, late of , in the county of , deceased, 
 
 intestate; that she was the lawful married wife of the said E. F. at the 
 time of his death ; that the personal estate of said deceased will not be 
 sufficient to pay his just debts and funeral charges, (or that there will be 
 little or no surplus left) 3 and that she is nevertheless entitled to her ap- 
 parel and sucn other of the personal estate of said deceased, as your 
 Honor shall determine necessary, according to her quality and degree. 
 
 Wherefore the said widow prays your honor to allow her such part of 
 the personal estate of said deceased, as yon shall adjudge fit and reasona- 
 ble pursuant to the law in such cases made and provided. 
 
 Petition of Heirs at Law, Ifc, where an Executor or Adminis- 
 trator refuses or neglects to settle his Account. 
 
 To THE Honorable Judge, &c. 
 
 The petition of A. B., of , in the county of , respectfully rep- 
 resents, that C. D., merchant, of , in the county of — — , on the 
 
 day of , 185 — . was appointed executor [or administrator] on the 
 
 goods and estate of E. F., merchant, late of — — , in the county of , 
 
 deceased, testate, [or intestate ] that for more than months, said ex- 
 ecutor [or administrator,] has refused and neglected to settle his account 
 of administration ; that your petitioner is heir at law, and entitled to his 
 distributive share in said estate, [or is a legatee, and entitled to his legacy 
 out of said estate.] 
 
 Wherefore your petitioner prays that said executor [or administrator] 
 may be cited to render his account of administration agreeable to law. 
 
 Resignation qf Executor. 
 
 To THE Honorable Judge, &c. 
 
 I the subscriber, named executor in the last will and testament of A 
 
 B., of , merchant, who last dwelt in , in said county, and died 
 
 within days last past, decline and refuse to accept that trust. 
 
 Dated, &c. C- ^- 
 
72 administrator's account, and inventory. 
 ADMimSTRATOR'S (OR EXECUTOR'S) ACCOUNT. 
 
 The First Accofnt * of A. B., Administrator of the Goods and Estate of 
 C. D.J late of N,^ in the County of M.^ Farmer^ deceased^ ihtestate.* 
 
 18S7. 
 
 Said Administrator charges himself: — 
 
 Dr. 
 
 
 Ce. 
 
 
 
 "With the amount of personal estate of the deceased, 
 
 which by the appraisement thereof, appears in the 
 
 Inventory to be of the value of - 
 With the sum for wliich the same was sold above the 
 
 appraisement, _ _ - - - 
 "With the several sums collected and received as stated 
 
 in the schedule annexed, marked A, - 
 
 84570 
 60 
 150 
 
 S8 
 CO 
 00 
 
 
 
 July 1. 
 
 Said Administrator claims allowance for the following 
 payments and charges:— 
 
 
 
 
 
 
 For funeral expenses, as per receipts. 
 
 For sundry payments made, as stated in schedule E. 
 
 Paid Probate Fees, - - . _ . 
 
 Paid E. F., attorney, for stating this account. 
 
 My charge for settling the estate. 
 
 Balance m favor of the estate in my hands, 
 
 - 
 
 88 
 
 S 40 
 
 700 
 
 50 
 
 4 
 
 60 
 
 3926 
 
 88 
 00 
 00 
 00 
 OO 
 00 
 
 
 $4770 
 
 #4770 
 
 88 
 
 Note.— An Admiuiatrator is appointed by the Probate Court, or other similar tribunal, 
 toadminiatertheegtateof an lSTBSTATE,thatia, of a deceased person, who haa left no 
 will. The widow, or the next of kin, ia entitled to be administrator, and in default ot 
 thesea creditor. No one can administer unless interested in the estate. Executors and 
 Administrators must prove the will, give bond for the performance of their trust, and 
 make an inventory of the gooda and eatate, collect and pay the debts, and deliver over 
 the reaidue of the eatate to those entitled to receive it. An Administrator, or Executor, ia 
 allowed by statute provision, or custom, from 2 1-2 to 5 per cent, for settling the estate. 
 
 * The Second Account should commence with a charge of the balance of the old ac- 
 count, and proceed as above. The Final Account should be designated as the Second. 
 Third, (fi Fourth, &c., and Laat Account of A. B., Administrator, &c. 
 
 * Instead of the words [Administrator of the Gooda and Estate,] say " Executor of the 
 last "Will and Testament" — and ** testate" in place of* intestate" — ^if it be so. 
 
 INVENTORY, BY APPRAISERS. 
 
 A true and perfect Inventory and just Appraisement of the Good^^Estate^ Rights^ 
 and Credits^ which were of A. B.j late of W.j Farmer^ deceased., intestate. 
 
 The Homestead, 
 
 100 Acres of Land, at 120.00, 
 
 2YokeofOxen,atS40.00, - 
 
 7 Cows, at ffi20.00, 
 
 1 Horse and Harness, 
 
 1 "Wagon and Cart, - - - 
 
 Sundry other Farming tools, 
 
 12 Chairs, - - . _ . 
 
 3 Tables, - . _ _ . 
 
 S Beds, Bedsteads, and Bedding, * 
 
 $1600 
 
 00 
 
 2000 
 
 <I0 
 
 SO 
 
 00 
 
 140 
 
 on 
 
 150 
 
 00 
 
 160 
 
 (Kl 
 
 150 
 
 00 
 
 12 
 
 no 
 
 16 
 
 no 
 
 50 
 
 00 
 
 S4247 
 
 Taken and appraised by us, the subscribers, the tenth day of July, A. D. 1857. 
 
 C. D. 
 
 E. F. 
 
 W County, ss. G. H. 
 
 On the tenth of July, 1867, before me the subscriber, one of the Justices of the Peace 
 in and for said county, came the above named 0. D., E. P., and G. H., who being quaU- 
 fled according to law, do declare that the above Inventory contains a just and true ap- 
 praisement of the Goods, Estate, Chattels, Rights and Credits of the said A. B., deceased, 
 80 far as the s^me came to their knowledge. 
 
 ■Witness my hand and seal the day and year above written. I. K., J. P. [l. s.] 
 
PRESENT VALUE OF A WIDOW's DOWER. 
 
 73 
 
 THE PRESENT VALUE OF A WIDOW'S DOWER. 
 
 The Caelislb Table of the Expectation of Life, (which is in general use 
 ;n England, and has been adopted by some of the Life Insurance Companies 
 in this Country,) differs from the 2MJe below in Ihe first 44 years of life — 
 but between the ages of 44 and 92 the variation, if any, is trifling. 
 
 Should the widow and her children, or other heirs, deem it expedient to 
 sell the estate entire, it can be ascertained by the following Tables to what propor- 
 tion of the proceeds the widow will be entitled. 
 
 The following Table gives the Expectation of Life, according to Dr. Wigglesworth's 
 Table of Mortality, (adopted by the Supreme Court of Massachusetts as a rule of 
 estunating the value of life estates ^10 Mass. Bep. 813.) 
 
 
 
 TABLE I 
 
 —EXPECTATION OF LIFE. 
 
 
 
 
 Sa 
 
 
 a^ 
 
 
 
 
 
 
 
 
 i 
 
 3a| 
 
 i 
 
 
 i 
 
 fii 
 
 29.43 
 
 s, 
 
 jf.a 
 
 22.27 
 
 fi, 
 
 
 o 
 bo 
 
 
 
 
 H.3 
 
 16 
 
 35.76 
 
 < 
 
 32 
 
 48 
 
 64 
 
 13.05 
 
 < 
 so 
 
 H.g 
 
 28.15 
 
 5.85 
 
 1 
 
 36.78 
 
 17 
 
 35.37 
 
 33 
 
 29.02 
 
 49 
 
 21.72 
 
 65 
 
 12.43 
 
 81 
 
 5.60' 
 
 2 
 
 38.74 
 
 18 
 
 34.98 
 
 34 
 
 23.62 
 
 50 
 
 21.17 
 
 66 
 
 11.9b 
 
 82 
 
 5.16, 
 
 ■J 
 
 40 01 
 
 19 
 
 34.59 
 
 35 
 
 28.22 
 
 51 
 
 2061 
 
 67 
 
 11.48 
 
 m 
 
 4.87 
 
 4 
 
 40.73 
 
 20 
 
 34.22 
 
 36 
 
 27.78 
 
 52 
 
 20.05 
 
 68 
 
 11.01 
 
 84 
 
 4.66 
 
 5 
 
 40.88 
 
 21 
 
 33.84 
 
 37 
 
 27.34 
 
 53 
 
 19.49 
 
 69 
 
 11.50 
 
 S.'i 
 
 4. .57 
 
 6 
 
 40.69 
 
 22 
 
 33.46 
 
 38 
 
 26.91 
 
 54 
 
 18.92 
 
 70 
 
 10.06 
 
 86 
 
 4.21 
 
 7 
 
 40.47 
 
 21 
 
 33.08 
 
 39 
 
 26.47 
 
 .55 
 
 18.35 
 
 71 
 
 9.60 
 
 87 
 
 3.90 
 
 8 
 
 40.14 
 
 24 
 
 32.70 
 
 40 
 
 26.04 
 
 56 
 
 17.78 
 
 72 
 
 9.14 
 
 88 
 
 3.67 
 
 9 
 
 39-72 
 
 25 
 
 32.33 
 
 41 
 
 25.61 
 
 57 
 
 17.20 
 
 73 
 
 8.69 
 
 89 
 
 3.56 
 
 11) 
 
 39.23 
 
 26 
 
 31.93 
 
 42 
 
 25.19 
 
 ,5S 
 
 16.63 
 
 74 
 
 8.25 
 
 90 
 
 3.73 
 
 11 
 
 38.64 
 
 27 
 
 31.50 
 
 43 
 
 24.77 
 
 f)9 
 
 16.04 
 
 75 
 
 7.83 
 
 91 
 
 3.32 
 
 12 
 
 38.02 
 
 28 
 
 31.08 
 
 44 
 
 24.35 
 
 60 
 
 15.45 
 
 76 
 
 7.40 
 
 92 
 
 3.12 
 
 1^ 
 
 37.41 
 
 29 
 
 30.66 
 
 45 
 
 23.92 
 
 61 
 
 14.86 
 
 77 
 
 6.99 
 
 93 
 
 2.40 
 
 14 
 
 36.79 
 
 30 
 
 30.25 
 
 46 
 
 23.37 
 
 62 
 
 14.26 
 
 78 
 
 6.59 
 
 94 
 
 1.98 
 
 15 
 
 36.17 
 
 31 
 
 29.83 
 
 47 
 
 22.83 
 
 63 
 
 13.60 
 
 79 
 
 6.21 
 
 95 
 
 1.62 
 
 The following Table shows the value of an Annuity of One Dollar from 
 1 to 35 Years, at Five per cent, per annum, and, with the Table above, 
 will enable any person to estimate the value of a Widow's Dower. 
 
 
 JS 
 
 
 3 
 
 
 i 
 
 
 i 
 
 
 i 
 
 
 
 
 
 
 13 
 
 
 
 
 
 1 
 
 m 
 
 ^ 
 
 o u 3 
 
 i 
 
 15 
 
 p Dollars 
 g Cents. 
 ^ Hundre 
 
 i 
 
 4) 
 >• 
 
 22 
 
 » .S 
 
 o 5 a 
 
 OOB! 
 
 13.1630 
 
 s 
 
 29 
 
 15.1410 
 
 1 
 
 .9523 
 
 8 
 
 6.4632 
 
 2 
 
 1.8594 
 
 9 
 
 7.1078 
 
 16 
 
 10.8377 
 
 23 
 
 13.4880 
 
 30 
 
 15.3724 
 
 3 
 
 2.7232 
 
 10 
 
 7.7217 
 
 17 
 
 11.2740 
 
 24 
 
 13.7986 
 
 31 
 
 15.5928 
 
 4 
 
 3.5459 
 
 11 
 
 8.3064 
 
 18 
 
 11.6895 
 
 25 
 
 14.0939 
 
 32 
 
 5 
 
 4.3294 
 
 T? 
 
 8.8632 
 
 19 
 
 12.0853 
 
 26 
 
 14.3751 
 
 33 
 
 16.0025 
 
 6 
 
 5.0756 
 
 13 
 
 9.3935 
 
 20 
 
 12.4622 
 12.8211 
 
 27 
 
 14.6430 
 
 34 
 
 16.1929 
 
 7 
 
 5.7863 
 
 14 
 
 9.8986 
 
 21 
 
 28 
 
 14.8981 
 
 35 
 
 16.3741 
 
 Rule. Suppose that a widow 70 years old has an interest in an estate yield- 
 inK SIO annually,— what is her jiresent interest, (or dower) worth ? By the 
 (JrsJ table her expectation of life is 10 years. The second table shows that the 
 value of S 1 for 10 years is worth % 7.7217, which amount multiplied by [X] 10 
 eauals r=l$ 77.21, the value of the widow's dower for 10 years. 
 
 Or what is the value of a salary or annuity of f 100 a year for 5 years ? 
 MUltl'olv the tabular number opposite 5 years by the given annuity, as follows; 
 4.3294 X 100 = $432.94,— the value of an annuity o( l»100 for 5 years. 
 
74 
 
 GUAKDIANS AND MINORS. 
 
 GUARDIANS AND MINORS. 
 
 Cruardianship. 
 
 Guatdiaps, in the United States a.re, first, by Common Law ; 
 second, by Statute Law. The guardian is one who has the 
 care and management of the person, or estate, or both of his 
 ward, whether idiot, minor, non-compos, or spendthrift. Guard- 
 ians by common law, are only by nature. The father is guard- 
 ian by nature, of his child, and after his death the mother, and 
 on her death, the next of kin. 2 Dane's Ab. c. 35. 
 
 Though the mother is guardian by nature of her legitimate 
 child, after the death of her husband, yet if she afterward mar- 
 ry, her right of guardianship will not devolve on her husband. 
 Because, if the right devolved, the duty to support him must 
 devolve also ; but it is clear, that the father-in-law is not oblig- 
 ed to maintain his children- in-law, whether the mother be living 
 or dead, nor is he entitled to the earnings of such children. 
 
 But the mother of an illegitimate child has a right to the cus- 
 tody and control of her illegitimate child, and is bound to main- 
 tain him, as his natural guardian. And the natural guardian- 
 ship of the mother of such bastard child devolves on her hus- 
 band, on the marriage, in the same manner as an executorship 
 or guardianship-derived from the authority of the probate court, 
 and the husband's power depending on the marriage, ceases on 
 its dissolution. 2 Mass. R. 109. 
 
 Parents are under obligations to support their children, and 
 are consequently entitled to their earnings while under age. 
 And parents may transfer this right, or authorize those who 
 employ their children to pay them their own earnings, and the 
 payment will be a discharge against their parents. 2 Mass. 
 R. 113. 
 
 An infant, if his father is dead, and his mother again mar- 
 ried, is entitled to his own earnings, and may sue for, and 
 lecbver them. 4 Mass. R. 675. But where children have 
 property of their own, their mother is not obliged to support 
 them. Ibid. 97. 
 
 A guardian by nature has no power to lease land belonging 
 to his infant child, and such lease was held void. 2 M. R. 55. 
 
 The guardian by common law is bound to take care of, and 
 faithfully to manage, and account for the prop^ty of the minor 
 under his or her guardianship, if he meddle with the property of 
 such minor ; but he is not bound to take care of it if he decline to 
 have any thing to do with it, for no one is guardian against his 
 
GUAKDIANSHIP. 75 
 
 consent ; but any interference with the property will make the 
 person intermeddling accountable and for due care as bailiff or 
 receiver. 2 Dane's Ab. c. 35. 
 
 The guardianship of the father, which is a guardianship by 
 nature, continues till the son and heir attain to the age of twen- 
 ty-one years ; but that is with respect to the body only. 3 Bac. 
 Ab. tit. Guard. A. 
 
 The relation of guardian and ward is nearly allied to that of 
 parent and child. It applies to children during their minority, 
 and may exist during the lives of the parents if the infant be- 
 comes vested with property ; but it usually takes place on the 
 death of the father, and the guardian is intended to supply his 
 place. 2 Kent's Com. 216. 
 
 An infant has a right to consider any person as his guardian, 
 bailiff, or trustee, who enters upon his land and receives the 
 proceeds, and may compel him to account for the same in a 
 court of chancery. 4 Blackf. 331. 
 
 The guardian's trust is one of obligation and duty, and not of 
 speculation and profit. He cannot reap any benefit from the 
 use of the ward's money. He cannot act for his own benefit in 
 any contract, or purchase, or sale, as to the subject of the trust. 
 If he settles a debt upon beneficial terms, or purchase it at a 
 discount, the advantage is to accrue entirely to the infant's ben- 
 efit. 2 Kent'E Com. 229. 
 
 A guardian cannot be sued, in his capacity of guardian, so 
 as to make the estate of his ward liable to be taken in execu- 
 tion. For the judgment is not against the goods and estate of 
 the ward in his hands, but against himself. 5 Mass. R. 299. 
 
 If a person gives a promissory note, as guardian, he is liable 
 personally for the payment of it. For as an administrator can- 
 not, by his promise, bind the estate of his intestate, so neither 
 can the guardian, by his contract, bind the person or estate of 
 his ward. 6 Mass.R. 58. 
 
 A guardian cannot make his ward liable to an action, as on 
 his own contract, by any promise which the guardian himself 
 can make. 5 Mass. R. 299. 
 
 But if a guardian gives his notes, as guardian, in discharge 
 of debts due from his ward, he may lawfully indemnify himself 
 out of the estate of his ward ; and this he may do, even after he 
 is discharged from his guardianship, by action for money paid 
 to the use of the ward, in the same manner, as if, instead of 
 giving his notes, he had paid the debts with his own money. Ibid. 
 
 Guardians are liable to be taxed for the property of their 
 wards, in their possession ; and on neglect or refusal to pay 
 such taxes, the same remedies lie against them, as if they neglect- 
 ed or refused to pay the taxes on their own estate. 13 JM. R. 493. 
 
 If a guardian refuse to account to the judge of probate, when 
 cited for that purpose, he has broken the condition of his bond, 
 
76 EIGHTS AND DUTIES OF THE PARENT. 
 
 although there should be nothing due from him to his ward, hut 
 on the contrary, something is due from the ward to him. 4 Mass. 
 Eep. 106. 
 
 Rights and Duties of the Parent. 
 
 It is the duty of the parents to maintain and educate their 
 children during infancy, and malte suitable provision for them 
 after they arrive at the age of majority. 2 Kent, 189. 
 
 The husband is not liable for the expense of the maintenance 
 of the child of the wife by a former husband. If, however, he 
 take the wife's child into his own house, he is then responsible 
 for its education and maintenance as long as it lives with him. 
 4 East, 82. 
 
 A father is not bound by the contract of his son even for ne- 
 cessaries, unless an actual authority be proved, or the circum- 
 stances be sufficient to imply one. 2 Kent, 191. 
 
 If the father suifer the children to remain abroad with their 
 mother, or if he force them from home by severe usage, he is 
 liable for their necessaries. 3 Day's Rep. 37. 
 
 The father is entitled to the custody of his minor children, 
 and to the value of their services and labor. Reeve's Dom. 
 Rel. 270. This right is perfect while the child is under four- 
 teen years of age, and continues until the age of majority. 
 
 When the father has but little property, he is entitled to an 
 allowance from the children's towards their support 4 M. R. 97. 
 
 If a man live away from his family, and provide for their sup- 
 port in a particular manner, he is not liable otherwise. 11 
 Wend. 33. 
 
 When a child voluntarily leaves a parent, he carries no credit 
 with him. 16 Mass. R. 28. 
 
 If a father neglect to furnish necessaries for his minor child- 
 ren, the law will imply a promise by him to pay any person 
 who may furnish them. 8 N. H. Rep. 350. But in such case 
 there must be palpable neglect. Ibid. 
 
 The custody of minors is given to their parents for their main- 
 tenance, protection and education ; and if a parent, overlooking 
 all these objects, should, to answer his own mercenary views, 
 bind his child as an apprentice, upon terms evidently injurious 
 to his interests, it would be difficult to enforce such a contract. 
 1 Mason C. C. R. 71. 
 
 Parents may transfer their right, or authorize those who em- 
 ploy their children to pay them their own earnings ; and in such 
 case, the payment will be a discharge against the parents. 12 
 Mass. Rep. 375. 
 
 Though the parents are entitled to the possession of their mi- 
 nor children, yet that right may be forfeited by ill-treatment, 
 improvidence, &c. 2 T. R. 26. 
 
RIGHTS AND DITTIES OF THE CHILD. 77 
 
 Rights and Duties of the Child. 
 
 Children owe obedience to their parents during their minor- 
 ity. 2 Kent, 192. ^ 
 
 When a minor makes a contract for his services on his own 
 account, his father not objecting, this will be considered an im- 
 plied consent on the part of the father, for the child to have his 
 earnings, and the father consequently has no claim thereto. 2 
 Pick. Mass. R. 201. 
 
 When the father had by indenture of apprenticeship, relin- 
 quished all claim to the earnings of the son, till his age of 
 twenty-one, the minor alone was entitled to the earnings ; and 
 it was also held, that the creditors of the father could not attach 
 them by a process of foreign attachment. 5 Wend. 206. 
 
 A mother, who is executrix, may charge her minor children 
 for their board, and credit them their services. 3 Bibb's R. 456. 
 
 A child and heir to his father, may sue for property in pos- 
 session of his step-father. 7 Wend. 354. 
 
 If a son continue to labor for a parent with a view to a re- 
 compense by will, he cannot sue for it. 3 Rawle, 243. 
 
 A promise by a son to support a parent on receiving a con- 
 sideration therefor, and for necessaries furnished by a father, 
 will render him liable. 5 Wend. 558 ; 7 Conn. R. 57. 
 
 A father may claim the services of his children, whilst they 
 are under lawful age, and are supported by him. But should 
 he, at any time, relinquish the profits of his children's labor 
 then they belong to themselves, and cannot be seized by the 
 creditors of the father. 2 Blackf. 440. 
 
 If a father voluntarily send his minor children away from 
 home, to obtain a maintenance and support, in any manner they 
 can, this is an implied consent to any contract for that purpose 
 into which they may enter, and a waiver of his parental rights. 
 1 Mason C. C. R. 71. 
 
 An infant whose father is dead, and whose mother is again 
 married, is entitled to his own earnings, and may maintain an 
 action to recover them. 4 Mass. R. 675. 
 
 Notwithstanding minor children have property of their own, 
 the father is bound to support them, if he be of sulBcient abil- 
 ity ; but it is otherwise of the mother. 2 Mass. R. 450. But 
 if the father be not of sufficient ability, he will be entitled to a 
 sufficient compensation for their support, out of their own prop- 
 erty. Ibid. 
 
 The marriage of a minor son removes him from the control 
 of the father, and gives him a right to apply his earnings to the 
 support of his family. 16 Mass. 204. 
 ADM 7 
 
78 LIABILITIES OF MIKOES. 
 
 Liabilities of Minors, or infants. 
 
 Infants are bound for necessaries or such articles as, under 
 the circumstances in which they are placed, they actually need. 
 2 Kent, 339. Necessaries include victuals, clothing, medical 
 aid, and good teaching. Co. Lit. 172. 
 
 The tradesman is bound to make due inquiries, and if the in- 
 fant has been properly supplied by his friends, he will not be 
 liable. Peake N. P. 239. If he-live with his father or guar- 
 dian, and their care and protection are duly exercised, he cannot 
 bind himself even for necessaries. 9 Johns. Rep. 141. 
 
 Necessaries furnished the infant's wife and children, are ne- 
 cessaries for him. But the real value of the articles furnished, 
 whether necessaries or not, may at all times be inquired into. 
 9 Wend. 238. 
 
 An infant is liable for money paid at his request to satisfy a 
 debt which he had contracted for necessaries. 1 Denio's R. 460. 
 
 An infant is not liable for money borrowed, though expended 
 by him for necessaries, nor for money borrowed to buy necessa- 
 ries, where it was not so applied; but he is liable where the 
 lender sees that the money is laid out for necessaries, in the 
 same manner as if the necessaries had been directly furnished 
 by the lender. Ibid. 
 
 An infant is likewise liable for money paid to procure his lib- 
 eration from arrest on execution ; and, also, on mesne process, 
 when the arrest was for necessaries. lOid. 
 
 A surety on a notfe given by an infant, who pays the note, 
 may recover the sum paid of an infant. 7 N. H. Rep. 368. 
 
 Sloney, a horse, saddle and bridle, furnished when he was 
 one hundred and eighty miles from home and without either, 
 are not necessaries for which an infant is bound. 1 Bibb, 519. 
 
 If ail infant do a right act which he was compellable to do, 
 it will bind him. 2 Kent, 242. 
 
 Whatever an infant is bound to do by law, the general rule 
 is, that the same will bind him, if he do it without a suit at 
 law. Co. Lit. 172. 
 
 It is a general rule that infants are liable for their torts, such 
 as slander, trespass, &c. 3 Rawle's Rep. 551. They are lia- 
 ble for tortiously converting goods entrusted to them, and for 
 goods delivered to them on special contract for a specific purpose, 
 and for money fraudulently embezzled. 1 Esp. R. 172. 
 
 Fraudulent acts will not be protected by infancy. If an in- 
 fant pay money on his contract, and enjoy the benefit of it, and 
 then avoid it when he comes of age, he cannot recover back the 
 consideration paid. 8 Cowen's Rep. 84. And if he avoid an 
 executed contract when he comes of age, he must restore the 
 consideration which he had received. 1 Johns. Cas. 127. 
 Where he obtained goods upon his false and fraudulent affirma- 
 
VOID AND VOIDABLE ACTS. 79 
 
 tion that he was of age, though he avoided the payment of the 
 price of the goods, on a plea of infancy, the vendor was entitled 
 to reclaim the goods as having never parted with his property 
 in them. 15 Mass. Rep, 359. 
 
 Void and Voidable Acts. 
 
 When the .court can pronounce the contract of an infant to be 
 to his prejudice, it is void ; when to his benefit, as for necessa- 
 ries, it is good ; and when it is of an uncertain nature as to ben- 
 efit or prejudice, it is voidable only at the election of the infant. 
 2 Kent. 236. Purchases made by an infant are voidable only. 
 14 Mass. R. 462. 
 
 A deed of bargain and sale executed by an infant for valuable 
 consideration, is voidable, but not void. 7 Blackf. 443. 
 
 All gifts, grants, &c., of an infant which do not take eflfect 
 by delivery of his hand, are void ; and if made to take effect by 
 delivery of his hand, are voidable. 1 Leach C. C. L. 337. 
 
 Though a contract is voidable on the part of an infant, yet 
 on the part of an adult contracting with him, it is binding.' 1 
 Marsh. R. 76. 
 
 The contracts of an infant made as an agent, are binding on 
 the principal. 1 Marsh. 438. 
 
 A warrant of attorney of an infant to confess judgment is 
 void. 6 Conn. 393. 
 
 An infant will not be bound by a submission to arbitration. 
 
 6 Mass. 78. 
 
 « 
 
 How Confirmed or Avoided, 
 
 Those acts of an infant which are voidable only, may be 
 avoided upon his arriving at the age of majority, which is com- 
 pleted on the day preceding the anniversary of his birth. 1 
 Blacks. Com. 
 
 The authorities are not agreed as to what course should be 
 taken by an infant to avoid a contract when he arrives at age. 
 The weight of opinion is that, after a reasonable time has 
 elapsed after majority, he must perform some act in disaifirm- 
 ance of the contract. 
 
 In U Serg. & Rawle, 305, it was held that there were three 
 modes of affirming the voidable contracts of infants. 1. By 
 an express ratification. 2. By acts which reasonably imply an 
 affirmance. 3. By the omission to disaffirm within a reasona- 
 ble time. 
 
 An infant may ratify a contract after he becomes of age, even 
 against the consent of the other party. 10 N. H. Rep. 222. 
 
 No one but the infant himself, or his legal representatives, 
 can avoid his voidable acts. 13 Mass. Rep. 237. 
 
 If the act be voidable only, it is nevertheless bmding on the 
 
80 WILLS — LAWS AND FOEMS OF. 
 
 adult whom he dealt with, so long as it remains executory, and 
 is not rescinded by the infant. 10 Serg. & Rawle, 114. 
 
 A contract by an infant for the sale of personal property, may 
 be rescinded by him before he arrives at full age. 17C.R.481.^ 
 
 After such contract has been rescinded by the infant, and the 
 title to the, property has thus become vested in him, an action 
 cannot be sustained against him for taking such property into 
 his possession. Ibid. 
 
 If a bill of exchange be accepted by a person of full age, 
 though drawn during his infancy, he is liable. 4 Camp. 164. 
 
 A female infant residing in Pennsylvania, executed there a 
 deed of bargain and sale for land situate in this State. She af- 
 terwards married, but whether before or after her majority did 
 not appear, nor did it appear where, after the execution of the 
 deed, she and her husband had resided, nor that her husband 
 had acquiesced in the deed after he knew of it. He.d, that the 
 lapse of about five yeaJs after the wife's majority, without any 
 attempt to disaffirm the conveyance, did not, under the circum- 
 stances, prevent the husband and wife from disaflirming it. 7 
 Blackf. 442. 
 
 LAWS AND FORMS OF WILLS. 
 Construction of Wills. • 
 
 The chief object in the construction of wills, is to gather the 
 intention of the testator. But the intention meant, is an inten- 
 tion legally to dispose of property. 
 
 A will should be in writing, and signed by the testator, or 
 by some person in his presence, and by his express direction. 
 
 A will must be attested, in the following states, by three or 
 more competent witnesses : — Connecticut, Florida, Georgia, 
 Louisiana (three if residents in the country, and five if not,) 
 Maine, Maryland, Massachusetts, Michigan, Mississippi, New 
 Hampshire, New Jersey, Rhode Island, Oregon, South Caro- 
 lina, Vermont, and District of Columbia. 
 
 A will must be attested, in the following states by two or 
 more competent witnesses : — Alabama, Arkansas, California, 
 Delaware, Illinois, Indiana, Iowa, Kentucky, Missouri, New 
 York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, 
 Virginia and Wisconsin. 
 
 Witnesses must subscribe the will in presence of the testator ; 
 that is, within the view of the testator ; though it is not neces- 
 sary that he should actually see them. It isprima facie evidence 
 
WILLS — LAWS AND FORMS OF. 81 
 
 that the testator did see them subscribe, if he was so situated 
 that he might haye done so. 
 
 Two of three witnesses to a will , when signing it as such, being 
 in a different room from the testatrix, and not in her presence, 
 view, or hearing, although in a room connected by an intermedi- 
 ate room with that in which she was lying ; this is not a signing 
 by such witnesses in the presence of the testatrix. 2 Cushf 434. 
 
 An acknowledgment or recognition by the testator, express 
 or implied, in the presence of the attesting witnesses of the sig- 
 nature of the will, is equivalent to actual signing. 17 Pick. 373. 
 
 No one interested in the will should be a witness. If a 
 subscribing witness to a will, be a devisee or legatee, the de-- 
 vise or legacy to him is void. Creditors are, however, com- 
 petent subscribing witnesses. 
 
 No particular form of words is necessary to constitute the puh. 
 lication of a will. Any act of declaration importing a solemn 
 intent in the testator to dispose of his estate will be sufficient. 
 In New York the law requires that the testator, at the time of 
 making his subscription or of acknowledging the will, shall de- 
 clare the instrument so subscribed to be his last will. 
 
 A devise in general terms, as, ' I devise my dwelling-house 
 to A.,' without adding, ' and his heirs,' would only give to A. 
 a life estate, unless from the language of some other part of 
 the. will it was manifest that the testator intended to give a 
 greater interest in the house than a life estate. 
 
 A devise of " all the residue and remainder of any real es- 
 tate " passes a fee, though no words of limitation or inheritance 
 are added. 3 Met. 134. 
 
 A devise of all one's " estate'' after payment of debts and 
 legacies, passes a fee. 6 Met. 322. 
 
 It is generally necessary to mention in the will every person 
 who would be entitled to share in the inheritance if there were 
 no will. And this may be done where the testator intends to 
 disinherit them, by naming each of them, and declaring that 
 he shall give them nothing, with the reasons of such decision, 
 or by giving each of them some nominal sum. 
 
 Any estate in lands, acquired by the testator, after the mak- 
 ing of his will, shall pass thereby, in like manner, as if possess- 
 ed at the time of making the will, if such shall appear by the 
 will to have been the intention of the testator. M. R. S. c. 62. 
 
 A will may be revoked, by burning, tearing, cancelling, or 
 obliteratintr the same, with the intention of revoking it, by the 
 testator himself, or by some person in his presence and by his 
 direction, or by some other will or codicil, or by some other 
 writing, signed, attested, and subscribed, in the manner ot mar- 
 ine a will, ibid. _ . , ■ 1 „<■ 
 
 Will may be deposited for safe keeping, in the registry ot 
 
 ADM 7* 
 
82 FORMS OF WILLS. 
 
 probate, in a sealed wrapper, endorsed with the name of the 
 testator, his place of residence, the day when and name of the 
 person by whom it was delivered, and the name of the person to 
 whom it is to be delivered after the death of the testator, ibid. 
 
 Possessor of a will must deliver the same into probate court 
 within thirty days after testator's decease, ibid. 
 
 Will may be proved, when not objected to, on the testimony 
 of one witness ; although the other witnesses should be within 
 reach of the process of the court, ibid. 
 
 In leaving small sums to minors, authorize some one to re- 
 ceive them, so as to avoid the need and expense of appointing 
 guardians. — Also, insert a clause that in the sale of real estate, 
 the purchaser shall not be held to see to the application of funds 
 by executor or trustee. 
 
 Forms of Wills. 
 
 Will of Real and Personal Estate. 
 
 £Soe, also, Form of Will and directions for writing a Will, in " Business Man's Assistant," 
 pages 64r^O 
 
 Know all Men by these Presents^ That T, A. B., of , in the couniy of , 
 
 do make and publish this my last will and testament. 
 
 First. I give and devise lo my eldest son, I. B., all my real estate in the 
 
 town of ; to have and to hold the same to him, and his heirs and assigns 
 
 forever. 
 
 Second. I give and devise to my second son, G. B , all my real estate in the 
 
 town of ; to have and to hold the same to him, and his heirs and assigns 
 
 forever. 
 
 Third. I give and devise to my daughter, M. B., my dwelling house and its 
 appurtenances, in the ciiy of B., in B. street, numbered 54 ; to have and to 
 hold to her and hei assigns, (^uring her life, without impeachment of waste ; 
 and from and immediately after her decease I give and devise the same unto 
 my third son, L. B., and his heirs and assigns forever. 
 
 Fourth. I give and bequeath lo my daughter, C. M., wife of O. M., llie sum 
 of dollars. 
 
 Fifth. I give and bequeath to my daughter, S. B., the sum of dollars. 
 
 Sixth. I ^ive and bequeath to my raoiher, I. B., the sum of dollars. 
 
 To be paid to them respectively within one year after my decease. \ 
 
 Seventh. I forgive unto L. M., the sum of dollars out of the principal 
 
 sum of dollars, which he owes to me upon bond. 
 
 Eighth. 1 give and bequeath lo my wife, E. B., during her life, the use, im- 
 provement and income of my dwelling-house, and Us appurienances, situ- 
 ated in M. street, with all ihe books, plate, pictures, furniture, and other 
 personal property now therein contained, and after her decease I give and 
 devise the same unto my youngest son, N. B., and his heirs and assigns for- 
 ever. 
 
 M7ith. I appoint my wife, E. B., sole executrix of this will. 
 
 In witness whereof I have hereunto set my hand and seal this day of 
 
 , eighteen hundred and fifty . A. B. [l. s.] 
 
 Signed, sealed, published, and declared by the said testator, as and for his 
 last will and testament, in the presence of us, who, at his request, and in his 
 presence, and in the presence of each other, have set our names hereto as 
 subscribing witnesses. G. A. 
 
 L. M. 
 N. O. 
 
FORMS OF WILLS. 83 
 
 Another Form of Will. 
 
 In the name of God, Amen, [or, Be it k^iown,-] I, A. B., of , in the coumv 
 
 of , and Slate of , being now confined lo my house wiih u seriiius ill- 
 ness; hui being neveriheless in the fall possession of all ray menial faculties 
 do make and publish this my last will and testament. ' 
 
 1 commit my soul inio ihe hands of my heavenly Father, trusting in his in- 
 finite goodness and mercy. 
 
 I direct ihai my murlal remains be buried in the family vault in M. 
 
 I wish to be buried withoui any show or ostentation, but in a manner 
 respectful to my neighbors, whose kindness has contributed so much to the 
 happiness of me and mine. 
 
 My affeciionate wife, who has been to me a source of so much happiness, 
 must t)e tenderly provided for. Care must be taken that she has some re*a- 
 sonable income. 
 
 I appoint my wife, C. B., and my son, E. B., and R. M., of , to be the 
 
 exerutorsof this will. 
 
 I give and devise to G. N., G. W., and H. G., all my real estate in ihe towns 
 of M. and F., to have and lo hold the same to them andlheir heirs and assigns , 
 forever, upon the following trusts, napiely ; — 
 
 1st. To mortgage, sell, or lease so much thereof as may be necessary to pay 
 to my wife, C. B., from the rents, profits, and income of the said two estates, 
 the sum of eight hundred dollars per annum durmg her natural iile. 
 
 2d To hold, manage, and carry on the said two esta»s,or so much thereof 
 as may not be sold fur the purpose aforesaid, for the use of my son, E. B., 
 dnring his natural life, and after his decease lo convey the same in fee to such 
 of his male descendants, as a majority of the said truj^tees may eleot, they act- 
 ing therein with my son's concurreitce, if circumstances admit of his express- 
 ing his wi-hes, otherwise acting upon their own discretion. 
 
 I give to my said wife, during her life, the use of all the plate, pictures, fur- 
 niture, and other personal propeny now in my mansion house in M., and after 
 her decease to remain lo my son E. B. 
 
 I give, devise, and bequeath lo my said Executors all my other real and 
 personal estate, except such as is hereinafter described and otherwise dis- 
 posed of; to be applied to the execution of the general purposes of this will, 
 and to be sold and disposed of, or held and used, as they and the said trustees 
 may find to be expedient. 
 
 I give and bequeaih to my son, E. B., all my library'- and books wherever 
 situated, for his own use. 
 
 1 give and bequeath to my son-in-law, S. W.. my watch and chain for his 
 own use. 
 
 I give and bequeath to my grand- daughter, G. B., the portrait of myself 
 which now hangs in the front parlor at A., for her own use, 
 
 I give and bequeath lo my grandson, F. B-, my gold-headed cane, for his 
 
 own use. , ^ -n 
 
 I give and bequeaih to my friend, L. S., the clock, presented to me by G. B., 
 for his own use. . , , -,,.,. 
 
 I give and bequeath to my friend, M. N-, myfishmgtackle andfowhngguns, 
 for his own use. , - i i 
 
 I request that my said executors and trustees be not required to give bonds 
 for the performance of tbeirrespeciive duties under this will. 
 
 In testimony whereof, I have hereunto set my hand and seal at M., and have 
 published and declared this to be my last will and testament, on ihe - — ■ day 
 of , in the year eighteen hundred andfifty . A. B. [l. s.] 
 
 Si"-npd, sealed, published, and declared by the said testator, as and for his 
 last will 4nd teslament, in the presence of us, who, at bis request, and in his 
 presence, and in the presence of each other, have set our names hereto as 
 subscribing witnesses. j j * 
 
 C. T- 
 
 Form of a Will given in Lovelass on Wills, 25 Law Library, 282. 
 This is the last will and testament of me, John Stiles, of Cheapside, in the 
 eity of Londonriinen-draper. I give, devise, and bequeath all my real and 
 
84 LAWS IN RELATION TO WILLS. 
 
 personal estate "whatsoever and wheresoever, unto my wife, Mary Sliles, 
 tier heirs, executors, administrators, and assigns, for her and their own use 
 and beneBl. 
 
 And f appoint my said wife sole executrix of tliis my will, hereby revoking 
 all other wills made by me at any lime heretofore. 
 
 In witness whereof, I, the said John Stiles, have hereunto set my hand, this 
 
 day of , ill the year one thousand eight hundred and fifty . 
 
 JOHN STILES. 
 
 Signed by the above named John Stiles, as and for his last will and testa- 
 ment, in the presence of us, present at the time, who in his presence, and in 
 the presence of each other, have hereunto subscribed our names, as attesting 
 witnesses thereto. T. J. 
 
 ■R. H. 
 J. S. 
 
 Note. — As the laws of many of the states require three or more witnesses 
 lo make a will valid, it is sale to have that number in all cases ; so, it is also 
 advisable to annex a seal to a Will, though not required by law m most of the 
 states. 
 
 Decisions of Courts in relation to Wills. 
 
 A gift or other disposition by a testator of property previous- 
 ly devised, is /)ro JanZo a revocation of the will. 7 Monroe's 
 Rep. 291. 
 
 A devise of real estate, without words of inheritance, passes 
 a fee, if the devisee is personally charged in the will with the 
 payment of money to third persons. 5 Met. 134. 
 
 Where an annuity is given by will, with a direction that it 
 be paid quarter-yearly, the first payment is to be made at the 
 end of three months after the testator's death. 6 Met. 194. 
 
 Where the words used in a will, if construed according to 
 their technical force and meaning, would defeat the obvious in- 
 tention of the testator, such a construction is not to be adopted. 
 1 Cush. 118. 
 
 Wills should be so construed as to carry out the intention of 
 the testator so far as is consistent with the rules of law. If 
 all its provisions cannot be sustained, it should be carried out 
 so far as is consistent with law. A devise to be applied to 
 the dissemination of the Gospel, at home ahd abroad, is valid, 
 and the trustee should decide in the first instance, the mode of 
 its appropriation. 7 Monroe's Rep. 617. 
 
 The language used by the testator furnishes an appropriate 
 and peculiar means of ascertaining his intention ; btit the terms 
 used are to be understood according to the interpretation which 
 such terms have received in judicial determinations on wills, 
 unless the intention of the testator would be thereby violated. 
 7 Monroe's Rep. 625. 
 
 Arguments and persuasions used by a testator's children to 
 induce a devise to brother's or sister's children who are poor, 
 is an influence worthily exerted, free from selfishness, and 
 should not condemn a will, l Monroe's Rep. 352. 
 
 A testator may be aided by the views of others in coming 
 to a just conclusion as to the manner of disposing of his property 
 by will, and the influence thereby exercised, unless it be an in- 
 
LAWS IN RELATION TO WILLS. 85 
 
 terested influence, cannot be deemed an undue influence, lb 
 353. 
 
 The testator, in his will, says : " Whereas, my will is 
 lengthy, and it is possible I may have committed some error or 
 errors, I therefore authorize and empower, as fully as I could 
 do myself, if living, a majority of my acting executors, my 
 wife, to have a voice as executrix, to decide in all cases, in 
 case of any dispute or contention ; whatever they determine is 
 my intention, shall be final and conclusive, without any resort 
 to a court of justice." Clauses of this description have always 
 received such judicial construction as would comport with the 
 reasonable intention of the testator. 1 Peters, 681. 
 
 If an unreasonable use be made of such a power so given in 
 a will, one not foreseen, and which could not have been intended 
 by the testator, it has been considered as a case in which the 
 general power of courts of justice to decide on the rights of 
 parties ought to be exercised. lb. 680. 
 
 There cannot be such a construction given to such a clause 
 in a testator's will, as will prevent a party who conceives Ijim- 
 self injured by the construction, from submitting his case to a 
 court of justice. A court must decide whether the construction 
 of the will, adopted by those who are named, is the right con- 
 struction, or the grossest injustice might be done. lb. 
 
 The intent of the testator is the cardinal rule in the con- 
 struction of wills ; and if that intent can be clearly perceived, 
 and is not contrary to some positive rule of law, it must prevail ; 
 although, in giving effect to it, some words should be rejected, 
 or so restrained in their application, as to change their literal 
 meaning in the particular instance. 3 Peters, 346. 
 
 In the construction of ambiguous expressions, the situation 
 of the parties may very properly be taken into view. The ties 
 which connect the testator with his legatees, the afliection sub- 
 sisting between them, the motives which may reasonably be 
 supposed to operate with him, and to influence him in the dis- 
 position of his property, are all entitled to consideration in ex- 
 pounding doubtful words, and ascertaining the meaning in 
 which the testator used them. 9 Peters, 68. 
 
 It is stated in many cases, that where there are two interests, 
 inconsistent with each other, that which is primary will control 
 that which is secondary, lb. 
 
 The language of wills is not of universal interpretation, hav- 
 ing the same import in all countries, and under all circumstances. 
 They are supposed to speak the sense of the testator, according 
 to the received laws and usages of the country where he is 
 domiciled, by a sort of tacit reference to them, unless there is 
 something in the language which repels or controls such a con- 
 clusion. In regard to personalty in an especial manner, the 
 law of the place of the testator's domieil governs the distribu- 
 
86 , LAWS IN RELATION TO WILLS. 
 
 tion thereof, unless it is manifest that the testator had the laws 
 of some other country in mind. 9 Peters. 483. 
 
 No one can doubt if a testator, born and domiciled in England 
 during his life, by his will give his personal estate to his heir 
 at law, that the descriptio fersonrnvtoaM. have reference to and 
 be governed by the innport of the terms, in the sense of the laws 
 of England. The import of them might be very different if 
 the testator were born and domiciled in France, Louisiana, 
 Pennsylvania, or Massachusetts. lb. 
 
 In construing a will, the court must first look at the particu- 
 lar clause in question, at the same time taking into view the 
 ■whole instrument, endeavoring to give meaning and effect to 
 every clause of it. Baldwin's C. C. R. 459. 
 
 Kent says : " That from Cheney's case (5 Co. 68,) down to 
 this day, it has been a well settled rule, that parol pvidence can- 
 not be admitted to supply or contradict, enlarge or vary, the 
 words of the will, nor to explain the intention of the testator, 
 except in two specified cases : 1, where there is a latent am- 
 biguity arising dehors the will as to the person or subject meant 
 to be^escribed ; 2, and to rebut a resulting trust. Jt was held 
 in 4 Dess. 215, (S. C.) that even the person who drew the will, 
 could not be admitted to support a mistake in the will." 
 
 That a testator was irrational upon some subjects, is not con- 
 clusive of his incapacity to make a will, if as to the disposition 
 of his property he manifests rationality. 7 Monroe's R. 198. 
 
 Instructions given on the trial of an issue as to the compe- 
 tency or incompetency of the testator to make a will, should not 
 restrict the jury to inquiries involving memory alone, and not 
 reason and knowledge of the natural obligation of relatives. 7 
 Monroe's R. 657. 
 
 In such cases it is not. proper to group a set of facts together 
 and say that their existence or non-existence is conclusive of 
 capacity or incapacity. The jury should be left to weigh all 
 the facts proved which bear upon the question of capacity. lb. 
 658. 
 
 To qualify one to make a will, it is not indispensable that 
 such a one should have sufficient capacity to traffic with and 
 manage property advantageously. lb. 658. 
 
 The question is not so much what was the degree of memory 
 possessed by the testator, as : Had he a disposing memory? 
 Was he capable of recollecting the property he was about to 
 bequeath — the manner of distributing it, and the objects of his 
 bounty? 4 Wash. C. C. Rep. 262. 
 
 The only point of time to be looked at by the jury, at which 
 the capacity of the testator is to be tested, is that when the will 
 was executed. lb. 
 
 The testator must, in the language of the law, be possessed 
 of a sound and disposing mind and memory. He must have a 
 
LAW. OF GENEKAl PARTNERSHIP. 87 
 
 memory. A man in whom this- faculty is totally extinguished, 
 cannot be said to possess understanding to any degree whatever 
 or for any purpose. But his memory may be very imperfect, 
 it may be greatly impaired by age or disease. He may not be 
 able, at all times, to recollect the names, the persons, or the 
 families of those with whom he is intimately acquainted — may 
 at times ask idle questions, and repeat those he had before 
 asked ; and yet his' understanding may be sufBciently sound for 
 the ordinary transactions of life. He may not have strength of 
 memory and vigor of intellect, to make and digest all the parts 
 of a contract and yet be competent to direct the distribution of 
 his property by will. This is a subject which he may possibly 
 have often thought of; and there is probably no person who 
 has not arranged such a disposition in his mind, before he com- 
 mitted it to writing. 4 Wash. C. C. Rep. 262. 
 
 When a paper was headed, " My last will and testament," 
 &c., and the writing was blotted and blurred, interlineations 
 crowded in, whole sentences obliterated, and entire passages 
 cut off, crossed out and repeated, with material.variations ; and 
 it appeared that the decedent had begun anew on a fresh leaf, 
 an entirely new draught, varying from the preceding in essen- 
 tial particulaSrs, and this was left unfinished, it was held that 
 the paper did not contain sufficient intrinsic evidence of a testa- 
 mentary intention. 3 Rawle, 15. 
 
 A man may be capable of making a will and yet incapable of 
 making a contract, or to manage his estate. The question is, 
 as to the competency when the will was made, though evidence 
 of acts and sayings of the testator before that time will be ad- 
 mitted. 3 Wash. C. C. Rep. 580. 
 
 The declarations of the testator, before and at the time of 
 making a will and afterwards, if so near as to be a part of the 
 res gestcB, are admissible to show fraud in obtaitiing the will ; 
 but not declarations at any distance of time after the will has 
 been executed, especially when the will has always been in the 
 testotor's possession. 1 Gallis C. C. R. 170. 
 
 LAW OF. GENERAL PARTNERSHIP. 
 Partnership is a contract by which two or more persons agree 
 to bring together certain articles of property, or valuable acts of 
 service, uniting the proceeds in a common fund, divisible accord- 
 ing to some particular rate among the partners. One may bring 
 money, another may bring his industry, a third may bring pro- 
 fessional talent, and a fourth; perhaps, his mere name and influ- 
 ence in society, as their respective contributions to the common 
 
88 LAW OF GENERAL PAETNEESHIP. 
 
 Stock ; the pecuniary results of which may be distributed among 
 these partners in proportions of corresponding variety. 
 
 Articles of partnership, under seal, are in most cases, exe- 
 cuted at the time when the partnership is formed. These arti- 
 cles may commence with the following form : " This agreement 
 of co-parlnership , made and entered into this first day of Janu- 
 ary, A. D., 1859, by and between A. B. of B., and C. D.. of 
 B., witnesseth : '' — Then might follow the nature of the busi- 
 ness ; the style of the firm ; the place of business ; the com- 
 mencement and duration of the pattnership ; the capital each is 
 to bring into the trade ; the proportion in which the profits and 
 losses are to be divided ; the manner in which the business is to 
 be conducted ; the amount of money which each may draw out 
 for his individual use ; the requirements of each partner in re- 
 lation to the business ; the hiring and dismission of clerks ; the 
 signing of securities for money ; tlje entering of one partner 
 into any contract above a certain amount; the keeping of account 
 books ; the times of taking trial balance, &c. ; the annual ac- 
 counts, how to be taken and valuation made ; mode of dissolu- 
 tion and settlement ; the settlement of disputes by arbitration 
 or otherwise, Sic, &c. [See Form of Partnership in Business 
 Man's Assistant, page 33.] 
 
 The property which' each individual brings into the concern 
 becomes the property of the company, and ceases to be that of 
 the individual. An individual partner may buy or borrow from 
 the firm, and the firm may do so from him. Any advantages 
 that may happen to be acquired by individual partners are gen- 
 erally adjudged to be held by them in trust for the company. 
 The partnership has a claim upon the time and attention of each 
 partner, either in terms of the agreement, or in accordance with 
 the circunjstances, where there is no special provision. 
 
 Persons intending to agree for a share of the profits as the 
 remuneration of labor, generally involve themselves in the lia- 
 bility of a partner. If a person agree to pay another for his 
 labor in a concern, a given sum, in proportion to a given quan- 
 tum of the profits, it has been considered to be settled that this 
 does not constitute a partnership as to third persons, but that it 
 does constitute a partnership if he has a specific interest in the 
 profits themselves, as profits. An agreement that a broker shall 
 have for his profit whatever he can obtain upon the sales above 
 a certain sum, does not constitute partnersliip ; but one coal- 
 dealer having agreed with another to bring customers to the 
 concern, receiving in return an annuity and 2s. for every chal- 
 dron sold, was held a partner, she having allowed her name to 
 be used. H. Blackst. 242. If the company be accommodated 
 with money, the interest or return for which rises and tails with 
 the profit, it will undoubtedly make the lender a partner. In 
 short, it may be safely taken as a rule, that vvhere any one has 
 
WHO ARE PARTNERS. 89 
 
 an interest in a concern, the extent of which is solely measured 
 by the result of the transactions of that concern, he is liable to 
 the world as a partner. 
 
 Each partner is liable, to the full extent of all he possesses, 
 for the general obligations of the company, and each is its ac- 
 credited representative, entitled, like an agent, to bind it to all 
 suitable obligations. 
 
 Negotiable instruments are presumed to be in the way of busi- 
 ness of every description of commercial partnership, and so each 
 partner is entitled to draw, accept and indorse bills and notes 
 for the company. If a bill be drawn on the partnership, by its 
 usual collective name, and be simply accepted by one member 
 signing his own name, he will bind the whole. Butit is essen- 
 tial to this species of obligation, as to others, that it have the ap- 
 pearance of being contracted for the behoof of the firm, and in 
 the course of its legitimate business. In partnerships purely 
 commercial, the presumption will always be in its favor ; but it 
 is otherwise in farming and mining speculations ; the presump- 
 tion here is against the negotiable instrument being in the usual 
 course of the business of the firm, butit may still be prowrf to be so. 
 
 When all the partners agree, the company may at any time 
 be dissolved, notwithstanding any previous stipulation to the con- 
 trary. A partnership at will, or without any specified limit, 
 may be dissolved at the pleasure of any one partner. But a 
 partner is not entitled suddenly to dissolve the connexion for the 
 purpose of taking his colleagues by surprise, and immediately 
 pursuing the partnership business for his own advantage. 
 
 Where a partner attempts such a project, he will have to 
 communicate the advantage to his colleagues, as where one 
 partner obtained a renewal of the lease of the company's prem- 
 ises, without warning the others of his intention to apply for it. 
 17 Vesey, 298. The death of a partner operates as a dissolu- 
 tion, unless it be stipulated that his representatives are to suc- 
 ceed to him, in which case the obligation is a right in which 
 they represent their predecessor. 
 
 In case of- bankruptcy, the joint estate is first applied to the 
 payment of the partnership creditors, the surplus only gomg to 
 the creditors of the separate estates. 
 
 Who are Partners. 
 
 Partners are either ostensible, dormant or nominal. An ac- 
 tual ostensible partner not only participates in the profits ana 
 contributes to the losses, but appears and exhibits himseu to 
 the world in connection with the partnership as a component 
 member thereof; and is answerable for the debts and engage- 
 ments of the partnership. 6 Serg. & Rawle, 259 ; 16 Johns. 40. 
 8 
 
90 LIABILITIES OF PAKTNESS. 
 
 A dormant partner participates in the profit& of the tTa(fe, 
 His name is suppressed and his interest is not therefore appar- 
 ent. He is, however, liable as a partner. 16 Johns. 40. 
 
 A nominal partner has not any actual interest in the partner- 
 ship, so far as the trade or its profits are concerned. He mere- 
 ly permits his name to be used in the concern. Yet he is liable 
 as a partner. 6 Serg. & Ri 338. 
 
 If one person advance funds, and another furnish his personal 
 services, or skill, it is a partnership. 16 Johns. 34. 
 
 Surviving partners and the representatives of deceased' part- 
 ners are not partners, but tpnants in common. 2 Vesey, 297. 
 
 To constitute a partnership, the parties must not only be con- 
 cerned jointly in the purchase, but also in the future sales, profits, 
 and losses. 3 Kent, 25. 
 
 If several persons, vpho had never met and contracted togeth- 
 er as partners, agree to purchase goods in the name of one of 
 them only, and to take aliquot shares of the purchase, and em- 
 ploy a common agent for the purpose, they du not, by that act, 
 become partners or answerable to the seller in that character, 
 provided they are not jointly concerned in the resale of their 
 shares, and have not permitted the agent to hold them out as 
 jointly answerable with himself. 9 Johns. 470. 
 
 Allowing a clerk, or agent, a portion of the profits of salesas a 
 compensation for labor, does not render him a partner. 3 K. 33. 
 
 The existence of a partnership cannot be proved, by reputa- 
 tion. 5 Blackf 248. 
 
 Liabilities of Partners. 
 
 Each- individual member of a firm is- answerable for the whole 
 amount of the debts of the concern, without reference to the 
 proportion of his interest, or to the nature of the stipulation be- 
 tween him and his associates. 3 Kent, 32. 
 
 If one pajrty borrowed money in his individual name, a dor- 
 mant partner is equally liable, if the borrower represented it to- 
 be for the use of the partnership, though without such repre- 
 sentation, the creditor must prove that the money went to the 
 partnership use. 9 Pick. 272. 
 
 Nor can a partner exonerate himself from personal responsi- 
 bility for the existing engagements of the company, by assign- 
 ing or selling out his interest in the concern. 2 Carr. & P. 401. 
 
 When a person joins a partnership, he does not, without a 
 special promise, assume the previous debts of the firm, nor is. 
 he bound by them. 4 Taunt. Rep. 582. 
 
 If, however, goods are purchased in pursuance of a previous, 
 engagement between two or more persons, that one of them 
 should purchase the goods on joint account, in a foreign adven- 
 ture, they are all answerable to the seller for the price, as part- 
 
XIABILITIES OF PAETNETIS. 91 
 
 ■ners.Bven though their names were not annotinced to the seller. 
 12 East, 421. 
 
 / Partners are joint tenants of their stock in trade, without the 
 Tight of survivorship. But no partner has an exclusive right 
 to any part, of flie joint stock, until a halance of accounts is 
 struck, and the amoimt of his interest is ascertained; and his 
 interest is his share in the surplus, according to the partnership 
 agreement, ^fter the film accounts are settled, and all just 
 claims satisfied. 6 Mass. Rep. 242. 
 
 The act of one partner is tlie act of all. His act, though on 
 his private account, and contrary to the private arrangement 
 among themselves, will hind all the parties, if made without 
 knowledge in the other party of the arrangement, and in a mat- 
 ter, which, according to the usual course of dealing, has refer- 
 ence to business transacted by the firm. 3 Kent, 40. 
 
 In all contracts concerning negotiable paper, the act of one 
 partner, unless done without the appearance of being a partner- 
 ship transaction, hinds the firm. 1 Camp. N. P. 384. 
 
 If from the subject matter of the contract, or the course of deal- 
 ing of the partnership, the creditor was chargeable with construc- 
 tive knowledge that the transaction was on the private account 
 of tlie partner, the partnership is not liable. 5 Conn. 574. 
 
 Each partner, in ordinary cases, and in the absence of fraud 
 t)n the part of the purchaser, has the complete disposition of the 
 whole partnership interests, and is considered to be the author- 
 ized agent of the firm. 12 Mass. 54. 
 
 The weight of authority is in favor of the power of a majority 
 ■of the firm, acting in good faith, to bind a minority in the ordi- 
 nary transactions of the partnership, when all have been con- 
 sulted. 3 Kent, 45. 
 
 A partner may pledge the partnership effects, in a case free 
 from collusion, if done in the usual mode of dealing, and it has 
 no relation to the trade in which the partners are engaged, and 
 when the pawnee had no knowledge that the property belonged 
 to the firm. Ibid. 
 
 A partner cannot bind his co-partner by a guaranty, or letter 
 ofcredit, without special or implied authority, unless the guar- 
 anty be -afterwards adopted by the firm. 2 Penn. Rep. 177. 
 Nor can one partner bind the firm by deed, unless specially 
 authorized so to do by an instrument under seal. 7 Tenn. R. 
 •207. An absent partner, however, may he bound by a deed 
 •provided there be a previous parol authority, subsequent to the 
 adoption of the act. 11 Pick. 405- Nor can one partner bind 
 the firm by a submission to arbitration. 1 Peters U. S. R. 221. 
 
 If one of two partners, in the presence of the other and with 
 liisconsent, subscribe the names of both to a note and put a seal 
 40 it, it is the deed of both. 6 Blackf 26. 
 
 If a creditor of one of several partners take a bill or note from 
 
92 DISSOLUTION OF PARTNERSHIP. 
 
 his debtor in the name of the firm for his debt, without the 
 knowledge of the other partners, he cannot sue the firm on such 
 bill or note. 6 Blackf. 387. 
 
 The defendant's acknowledgment of the partnership of the 
 plaintiffs, is sufficient evidence of such partnership. Ibid. 479. 
 
 If goods be purchased by a partner for the use of the firm, the 
 seller may sue the partners for the price, though he did not 
 know, at the time of the sale, of tbe existence of the firm. lb. 
 
 The doctrine, that the separate debt of one partner should not 
 be paid out of the partnership estate, until all the debts ol the 
 firm are discharged, is correct ; but it does not apply until the 
 partners cease to have a legal right to dispose of their property 
 as they please. It is applicable only, when the principles of 
 equity are brought to interfere in the distribution of the partner- 
 ship property among the creditors. 3 Blackf. 55. 
 
 Those equitable principles operate on the property remaining 
 in the possession of the partners, and embrace all that has been 
 fraudulently disposed of; but they do not extend to such as has 
 been previously transferred by the firm in good faith. Ibid. 
 
 Although one partner cannot bind his co-partner by deed, yet 
 a deed executed by one for himself and partner, in the other's 
 presence and by his authority, is the deed of both. Ibid. 119. 
 
 Payment of a debt to one partner of a firm is good against 
 the other partners ; and a release by one partner to a debtor of 
 the firm is obligatory on the others. Ibid. 371. 
 
 Dissolution of Partnership. 
 
 If a partnership be formed for a single purpose, or for a defi- 
 nite period, it expires when that purpose is accomplished, or 
 that period elapses. 16 Johns. 491. 
 
 A partnership may be dissolved by the voluntary act of the 
 parties, by the death, insanity, or bankruptcy ol either, and by 
 judiciatdecree, or by such a change in the condition of one of 
 the parties as disables him from performing his part of the duty, 
 and by operation of law, as by war between the governments to 
 which the partners respectively belong. Ibid. 
 
 In a partnership without any definite period, either partner 
 may withdraw at pleasure, if he act in good faith in so doing. 
 16 Vesey, 49. So the marriage of a feme sole dissolves a part- 
 nership of which she is a member. 4 Russ. 260. 
 
 In case of the death of one partner, his representatives have 
 a right to have the partnership effects applied to the payment of 
 the firm debts, and may enforce this right by injunction, &c. 
 3 Kent, 57. 
 
 When the business for which a partnership was created is 
 found to be impracticable, and the property invested liable to be 
 wasted and lost, the scheme visionary and founded upon errone- 
 ous principles, in ease of gross abuse of good faith between the 
 
DISSOLimON OF PAETNEKSHIP. 93 
 
 |)arties, a dissolution will be decreed, but only in strong cases. 
 So, in some instances, the court will interfere to stay waste and 
 to enjoin one partner from gross xibuse of the rights of the others. 
 3 Kent, 601. 
 
 The poweT of one partner to bind the firm ceases, immediate- 
 ly on its dissolution. Either of the former partners can receive 
 payment of debts due to the firm and give a release. 19 J's. 143. 
 
 On the dissolution by death, the surviving partner settles the 
 •affairs of the concern ordinarily. 3 Kent, 63, 
 
 The survivor mn^t account with the representatives of the 
 •deceased partner ; and if he will not come to any settlement 
 with them, equity will restrain him from disposing of the joint 
 stock and receiving the outstanding debts, and the representa- 
 tives' right in the interest of the deceased partner is to be as- 
 certained by sale and not by calculation. 15 Ves. 226. 
 
 Each party may insist on a sale of the joint stock ; and when 
 a court winds up the concern, it is done by a sale of the proper- 
 ty, and a conversion of it into money. And when the partner 
 in possession of the capital continues the trade with the joint 
 property, he will be hound to account. 7 Conn. R. 11. 
 
 Partnership effects cannot be taken by attachment, or sold on 
 execution, to satisfy a creditor of one of the partners only, ex- 
 cept it be to the extent of the interest of such partner in the 
 effects, after the settlement of ajl accounts. 16 Johns. 102. 
 
 Due notice of the dissolution' must be given, and a firm may 
 be bound, after the dissolution of a partnership, by a contiact 
 by one partner in the usual course of business, in the name of 
 the firm, with a person who contracted on the faith of the part- 
 nership, and had no notice of the dissolution. 4 Paige, 17. 
 
 The weight of authority seems now to be, that notice in one 
 of the usual advertising gazettes of the place where the business 
 was carried on, and published in a fair and usual manner, is not 
 presumptive evidence, merely, but conclusive, as to all persons 
 who have not been previous dealers with the firm. But as 
 to persons who have previously been in the habit of dealing 
 ' with the firm, it is requisite that actual [special] notice be 
 brought home to the'creditor. 3 Kent, 67. ^ 
 
 No person carrying on business shall assume or continue the 
 name or names of any person or persons, formerly connected with 
 him in partnership, or of any other person, either alone or in con- 
 nexion with his own or any other name, without the consent in 
 writing from such person or his legal representative. Laws of 
 Mass., 1853. 
 
 When a dissolution has taken place, one jiartner is not to be 
 bound by instruments negotiated by the ether in the name of the 
 original firm, after such dissolution, notwithstanding they are 
 negotiated by the partner authorized to settle the partnership 
 business. 1 Carter's Ind. Rep. 185. 
 8* 
 
94 LAW OF LIMITED PARTNERSHIP. 
 
 LAW OF LIMITED PARTNERSHIP. 
 
 Laws permitting Limited, or Special Partnerships, exist in 
 most of the States. Such associations consist of one or more per- 
 sons, who are liable to the whole extent of their property, and 
 are called general partners ; and of one or more persons, as 
 special partners, who shall contribute a specific sum in actual cash 
 payment, as capital to the common stock. And such special 
 partner is not liable for the debts of the partnership, beyond the 
 sum contributed by him to the capital. In all limited partner- 
 ships, the business of the partnership must be conducted under a 
 firm, in which the names of the general partners only shall be 
 inserted, without the addition of the word company, or any other 
 general term ; nor can the name of any special partner be used 
 in such firm, with his consent or privity, nor can he in any way 
 interfere in the business transactions or legal proceedings, with- 
 out being deemed and treated as a general partner. But he 
 may advise as to its management, and examine the state of 
 its accounts. The parties are required to sign a certificate, 
 which must be published for a certain number ol weeks, in one 
 or more newspapers, and acknowledged and recorded. The 
 capital stock must not, during the partnership, be reduced below 
 the amount stated in the certificate. If a false statement shall 
 be made in the certificate, all the persons interested in the part- 
 nership are liable as general partners. 
 
 Ctrlijicate of Special Copartnership. 
 
 This is 10 certify that A. B., C. D., and E. F., of , in the county of , 
 
 and G. H , of , in tlie county of , have formed a limited copunnersliip, 
 
 for tile purpose of carryings on a business in , in the county of , 
 
 under the style and firm of B. & D. Said copartnership to continue for the 
 
 term of years, commencing on and terminating on . The said 
 
 A. B. and C. (D. are the general partners, and E. F. and G. H. are the special 
 partners, and have each contributed the sum of ten thousand dollars, in cash, 
 making an agjjregale of twenty thousand dollars toward the capital of said 
 copartnership. 
 
 In witness whereof we, the said A. B., C. D., E. F., and G. H., have sev- 
 erally hereunto set our hands this day of ,185—. A. B. 
 
 C. D. 
 In presence of . E F. 
 
 I. R. B. G. H. 
 
 • 
 
 S , ss. B , , 185 — . Then personally appeared the above (or 
 
 within) named A. B., C. D., E. F. and G. H., known to me to be the individuals 
 described in and who executed this certificate, and severally acknowledged 
 the same to be their voluntary act and deed, and to be in all particulars correct. 
 
 I. E. B., Jual. of the Feme. 
 
 Articles of Special Copartnership. 
 
 We, a. B., C. D., and E. F , all of , in the county of , and 
 
 stale of , hereby agree to associate ourselves in a limited copart- 
 
FORM OF SPECIAL PARTNERSHIP. 95 
 
 nership according to the provisions of Ihe Statutes, chapter , for 
 
 the purpose of carrying on the business of dealing in Uitre state the 
 business] &c. ; in said town [or city] of ; and have formed the fol- 
 lowing articles of agreement; for the faithful performance of which vi'e 
 hereby mutually bind and engage oprselves, each to the others, and his 
 and their executors and administrators : — 
 
 First. The style of the said copartnership shall be B. & D., and shall 
 
 continue for the space of years from the ■ day of , in the 
 
 year eighteen hundred and fifty . 
 
 Sp.co-nd. The said B. & D. are the general partners, and the said F. 
 is the special partner, and has contributed the sum of thirty thousand dol- 
 lars 171 cash, towards the common stock of the said copartnership. 
 
 Third. All profits which may accrue to the said copartnership shall be 
 
 divided in the proportion of one-third to each, up to the day of , 
 
 in the year eighteen hundred and fifty ; and after that time, in the pro- 
 portion of one quarter to the said F., and three-eighths to the said Bt, 
 and three-eighths to the said D. And all losses happening to the said firm, 
 whether from bad debts, depreciation of goods, or any otlier cause or 
 accident, and all expenses of the business, shall be deducted before the 
 profits are divided. 
 
 Fourth. Each partner shall be credited with interest upon the capital 
 stock contributed by him, before the profits of each year are divided j 
 and the said F. may draw out the interest upon the capital stock contri- 
 buted by him, monthly, under the liabilities of section , chapter 
 
 of the Statutes. 
 
 Fifth. The said B. & D. shall each be allowed dollars per annum 
 
 for their services, and shall devote their time and attention to the business ; 
 said compensation to be paid monthly, and charged to expense account. 
 
 Sixth. Neither of the parties shall draw out more than the amounts 
 above stated, of the current profits, during the partnership, unless by 
 unanimous consent. 
 
 Seventh. All the purchases, sales, transactions, and accounts of the 
 said firm shall be kept in regular books, which shall always be open to 
 the inspection of all the said parties and their legal representatives, re- 
 spectively. An account of stock shall be taken, and an account between 
 the said parties shall be settled, as often as once in every year. 
 
 Eighth. Neither of the said parties shall subscribe any bond, sign or 
 endorse any note of hand, accept, sign, or endorse any draft or bill of 
 exchange, or assi)me any other liability, verbal or written, in the name of 
 the said firm, for the accommodation of any other person or persons, 
 whatever, without the consent in writing of both the other parties ; nor 
 shall either party lend any of the funds of the copartnership, if objection 
 be made by either of the partners. 
 
 Ninth. At the expiration of the term, or sooner previous dissolution, of 
 this copartnership, a just and equitable account of profits shall be made 
 up, and (after settlements of debts due from the copartnership, and the 
 claims of eaeh partner for capital contributed, and interest) shall be dis- 
 tributed to the partners in the proportions stated in article third of this 
 agreement. But the said F. shall not draw out his capital stock or profits, 
 after the expiration of said copartnership, faster than at the rate of 
 
 dollars per month, without consent of the said B. & D. ; it being 
 
 understood that whatever balance maybe due him shall draw interest. 
 
 Tenth For the purpose of securing the performance of the foregoing 
 Agreements, it is agreed that either party, in case of any violation of 
 them or either of them, by the others, or either of them, shall have thj 
 
96 FORM OF SPECIAL PARTNERSHIP. 
 
 Tight to dissolve this copartnership forthwith^ on his becoming; informed 
 of such violation. 
 
 In witness whereof we, the said A. 13., C. D., and E. F,, have hereunto 
 set our hands this — — day of— — — , in the year eighteen hundred and 
 
 fifty . 
 
 Witness. A. B. 
 
 G. H, C. D, 
 
 E. F. 
 
 Another Form of Special Copartnership. 
 
 This Indenture, made this day of , A. D. — — , by and be- 
 tween A. B.;of . in the county of , and state of , and C. 0., 
 
 of , in the county of , and state aforesaid. Witnesseth : 
 
 1. That the said parties covenant and agree to and with the other, as 
 follows :' — 
 
 2. That a limited partnership for the purpose of prosecuting; the bus- 
 iness of , shall be, and is this day entered into by said parties, in 
 
 which said A. B. shall be the general, and said C. D. the special partner, 
 to continue until the day of , A. D, ,iipon the terms, provi- 
 sions, and conditions herein contained, 
 
 3. That said D. shall furnish a capital of dollars in cask, and shall 
 
 at his owncxpensie procure the services of a competent person, satisfactory 
 to said B. as book keeper* 
 
 4. That said B. shall also furnish a capital of dollars in cash or 
 
 in stock at a fair cash valuation, and shall give his personal and undivided 
 attention to the business of the coparljiership. 
 
 5. That said business shall be carried on for the common benefit and 
 at the common risk and expense of the parties, excepting that said D. shall 
 
 in no case be or become liable beyond the amount of dollars, to 
 
 be by him furnished. 
 
 6. That the net profit of the business shall be shared equally, and his 
 share passed to the credit of each party, on his individual .account, in the 
 books of Ihc copartnership, when the amount thereof shall be ascertained 
 
 upon the yearly settlement. That an allowance of percent, interest 
 
 shall be made upon all such amounts of profits not 'withdrawn, and 
 advances made by either party to the copartnership. 
 
 7. That said B. shall be at liberty to draw out the sum of dollcirs, 
 
 and no more, in each year. 
 
 8. That an account of the copartnership property and effects of what- 
 ever nature shall be made in the month of in each year; or if then 
 
 omitted, at the earliest convenient season thereafter, at the request of 
 either party, and an estimate shall then be made of the result of the 
 business of the preceding year. 
 
 9. That said D. shall at all times have access to the books, accounts, 
 and papers of the copartnership personally, or by his agent or attorney; 
 that he or they may lake or cause to be taken copies or ab'stracts thereof 
 at any and all convenient times 5 that a just and true statement of the 
 affairs of the copartnership shall, so far as practicable, be furnished to him 
 at his request at any and all convenient and reasonable limes; and that 
 all important information respecting the affairs of the copartnership shall 
 be imparted to him promptly and without reserve. 
 
 10. That whenever the outstanding liabilities of the copartnership shall 
 
 amount to the sum of dollars more than there are available means 
 
 to meet, no further liabilities shall be incurred, excepting to fill orders, 
 without the written consent of said D. 
 
 11. That said B. shall not give or endorse any notes, or accept any bills 
 or orders, beyond the amount of dollars outstanding at any one time 
 
PRINCIPAL AND AGENT. 97 
 
 without the consent of said D., except for value actually received to the 
 use of the copartnership, and in the ufual course of dealing j nor directly 
 or indirectly render the copartnership liable in any matter or thing not con- 
 cerning their business, nor give credit for any merchandise to any person 
 whom he has been advised by said D. not to trust. 
 
 12. That upon the termination of this copartnership by lapse of time 
 an account of the stock, property, assets, and liabilities of the copartner- 
 ship shall be taken, and the value of the claim, share, and property of 
 each party therein shall be estimated and it shall be optional with said B. 
 to give said O. three notes upon nine, eighteen, and twenty-one months, 
 for the amount of said D.'s share of the property and claims upon said"' 
 copartnership, with interest, with good security, and continue the busi- 
 ness on his sole account and for his own benefit and use. 
 
 13. That in case any question shall arise between the parties the same 
 shall be referred to three persons, to be agreed (ipon by the parties, whose 
 decision shall be conclusive, and in case of any alleged breach of the 
 terms hereof, reference shall be made as aforesaid upon notice by the 
 aggrieved party ; and the referees shall decide whether there has been 
 such breach, and whether the same be good cause for the dissolution of 
 the copartnership; and if so, then the copartnership hereby established, 
 shall be determined j and the aggrieved party shall be at liberty to ad- 
 vertise and record a dissolution thereof, and shall have a lien upon all the 
 stock and effects to secure the capital by him contributed, and the debt 
 that may be due to him from the copartnership. 
 
 In witness whereof the said parties have hereunto set their hands and 
 seals, the day and year first above written. 
 In presence of A. B. Tl. s.] 
 
 CD. [l. s.j 
 
 PRINCIPAL AND AGENT. 
 
 An agent may be constituted by direct writing, or his author- 
 ity may be implied from his situation. 
 
 Commercial agents receive the most ample and important 
 powers by simple letter, which may either be general, author- 
 izing them to conduct a particular line of business, and to per- 
 form the train of transactions connected with it ; or specific, and 
 applicable only to some named transaction ; as, where a mer- 
 chant employs a commission-agent to sell or purchase a particu- 
 lar lot of goods. Implied agency arises from the position of the 
 parties; a slight circumstance will resolve the contract of mas- 
 ter and servant into that of principal and agent, in as far as re- 
 spects third parties. If the master have allowed his servant to 
 buv for him on credit, he is answerable for what the servant 
 may buy, though without his authority, if it be in the line of 
 transactions which the servant was permitted to enter on, and 
 if the dealer was not warned of the want of authority in the 
 particular case. Other limited authorities may likewise be ex- 
 tended by implication. " Thus, a broker employed to purchase, 
 has no authority, as broker merely, to sell for his principal. 
 But if the principal has allowed him to clothe himself with the 
 
98 PRINCIPAL AND AGENT. 
 
 apparent ownership, or has given him the power of disposition, 
 he cannot afterwards reclaim the goods from a third person, to 
 whom the brolter has made an unauthorized sale of them." Pa- 
 ley, 167. 
 
 An agent cannot depute his duty to another, unless specially 
 empowered to do so. Written instructions receive a strict in- 
 terpretation, but they are viewed through the medium of the 
 usages of trade and the necessity of the case. 
 
 The first duty of an agent is to follow his instructions, and 
 where he has received none, this duty resolves itself into an ad- 
 herence to the proper practices of trade in the capacity in which 
 he is employed. Every breac-h of his authority is at the agent's 
 own peril, though done with the intention of benefiting his prin-> 
 cipal. If it be unsuccessful, he is responsible ; if it be success- 
 ful, the advantage is reaped by his employer. The usual defi- 
 nition of what is expected of him is, that he shall treat his em- 
 ployer's affairs as if they were his own, and do corresponding 
 justice tb them according to their importance. It would not, 
 however, relieve an agent from the consequences of neglecting 
 the affairs of his principal, to prove that he had been equally 
 careless of his own ; the diligence required of him is that which 
 a prudent man takes in his own affairs. 
 
 By permitting another to hold himself out to the world as his 
 agent, the principal adopts his acts, and will be held bound to 
 the person who gives credit thereafter to the other in the capac- 
 ity of his agent. Where a person sent his servant to a shop- 
 keeper for goods upon credit, and paid for them afterwards, and 
 sent the same servant again to the same place for goods, with 
 money to pay for them, and the servant received the goods and 
 embezzled the cash, the master was held answerable for the 
 goods , for he had given credit to his servant by adopting his 
 former act. 2 Kent, 614. 
 
 Relative Rights, Sfc, of Principal and Agent. 
 
 The acts of a general agent, or one whom a man puts in his 
 place to transact all his business of a particular kind, will bind 
 his principal, so long as he keeps within the general scope of 
 his authority, though he may act contrary to his private instruc- 
 tions. But an agent, constituted for a particular purpose, and 
 under a limited power, cannot bind his principal if he exceed his 
 power. 15 Johns. R. 44. The special authority must be strict- 
 ly pursued. Whoever deals with a special agent, deals at his 
 peril, when the agent passes the precise limits of his power. 
 If A. authorize B. to buy an estate for him, at 50 dollars per 
 acre, and he give 51 dollars an acre, A. is not bound to pay that 
 price ; but the better opinion is, that if B. offer to pay the ex- 
 cess out of his own pocket, A. is then bound to take the estate. 
 5 Yerger's Tern. R. 71. 
 
PMNCIPAL AND- AGENT. 99 
 
 The agent becomes personally liable only where the principal 
 is not known, or where there is no responsible principal, or 
 where the. agent becomes liable by an undertaking in his own 
 name, or where he exceeds his power. 11 Mass. 29. But if 
 a person would excuse himself fromresponsibility on the ground 
 of agency, he must show that he disclosed his principal at the 
 time of making the contract. And if the agent buy in his own 
 name, but for the benefit of his principal, and without disclosing 
 his name, the principal is fdso bound, as well as the agent, pro- 
 vided the goods come to his use, or the agent acted in the busi- 
 ness entrusted to him according to his power, 12 Wend. 413. 
 
 If the agent bind himself personally, and engage expressly in 
 his own name, he will be held responsible, though he should in 
 the contract give himself the description or character of agent. 
 13 Johns. 307. 
 
 If an agent, on behalf of government, make a contract, and 
 describe himself as such, he is not personally bound. 1 Greenl. 
 R. 231. 
 
 An agent, without authority from the principal, cannot ap- 
 ■point a sub-agent to do the business. 2 Kent, 633. 
 
 By the custom of trade, an agent may have a lien upon the 
 property of his employer in his possession, for a general balance 
 of accounts, as well as for expenses incurred in taking .care of 
 the property. Ibid. 
 
 The principal is bound to reimburse the agent all expenses 
 he may have lawfully incurred about the agency ; to pay him 
 his commission agreed upon, or according to the usage of trade ; 
 and to indemnify him for damages sustained by reason of the 
 principal's conduct. Story's Ag. sec. 335. 
 
 If credit be given to an agent of government, and not to the 
 government, the agent himself will be liable. 2 N. H. R. 352. 
 
 A reasonable time for sale, in the due course of business, 
 must elapse before a factor can demand reimbursement of his 
 advances, and make a sale of goods consigned to him below the 
 sum to which he is limited, if they have not been paid, or sus- 
 tain a suit to recover them. 12 N. H. Rep. 239, 
 
 Where goods are consigned to a commission merchant, or 
 factor, for sale at a certain limited price, and he makes advances 
 on them, if the goods cannot be sold at the price limited, and 
 the consignor, upon reasonable notice, neglect to repay the ad- 
 vances, the factor may sell the goods at the fair market value, 
 although below the- limit, and recover the balance of the ad- 
 vances, if any remain. Ibid. 
 
 A factor cannot sell the property of his principal to a firm of 
 which he is a member. 8 N. H. Rep. 504. 
 
 A ratification of part of an unauthorized transaction of an 
 agent, or one who assumes to act as such, is a confirmation of 
 the whole. 1 Comst. N. Y. Rep, 433, 
 
100 PRINCIPAL AND. AGENT. 
 
 An action does not lie against an agent or factor for not ac- 
 counting, until after a demand to account. 3 Blackf. liid ., R . 324. 
 
 An agent is not liable to a suit for money collected for his 
 principal, unless it have been previously demanded. Ildrl. 25 1 . 
 
 The statute of limitations in such action does not begin to 
 run until a demand has been made. I/iid. 324. 
 
 The declarations of an agent, at the time of making a contract 
 for his principal , may be proved to show the character in which 
 the contract was made, but they are not evideiice to prove the 
 agency ; nor are the agent's declarations, made subsequently to 
 the contract, admissible as evidence for any purpose. It/id. 436. 
 
 In an action against the principal for the price of goods 
 bought for him by an agent, the delivery of the goods to the 
 agent may be proved, without calling him as a witness, or ac- 
 counting for his absence. Ibid. 436. 
 
 An agent who has only authority to receive payment of a 
 debt, cannot bind his principal by any arrangement short ol 
 an actual collection of the money. 2 (.larter's Ind. Rep. 322. 
 
 An agent employed to sell, cannot make himself the purcha- 
 ser. 13 Ves. 103. And if he be employed to purchase, he' 
 cannot be the seller. 8 Camp. 203. 
 
 An agent is bound to use, in the execution of his trust, the 
 utmost diligence and care. 2 Wills. 325. 
 
 An agent is not liable in cases of robbery, fire, or any other 
 accidental damage happening without his default. 2 Mod. 100. 
 
 A loss, occasioned by an unauthorized disposal or adventure 
 of the principal's money, and pot prescribed by the usage of 
 business, though intended for his benefit, is chargeable to the 
 agent. 1 Kinnie, Com. 42. 
 
 The principal will be held implicated to the fullest extent, 
 in what his agent does, within the scope of what he expected 
 him to do, or for that which he knew he had done, if he persist 
 in taking the benefit of the act. 21 Vermont K. 129. 
 
 ■Where it distinctly appears in the body of a parol agreement, 
 signed by an agent in his own name, without the addition of 
 the name of the principal, that the principal is the contraciing 
 party, the agreement v/ill be construed to be that of the princi- 
 pal, and not of the agent. 1 Dougl. Mich. Rep. 106. 
 
 The rule that an attorney or agent, \p bind his principal, 
 must sign the name of the principal, applies only to deeds, and 
 not to simple contracts. Ibid. 
 
 How is Agency Terminated? 
 An agency may terminate .by the death of the agent ; limita- 
 tion of the power to a particular time ; execution of the business 
 which the agent was constituted to perform ; by a change in the 
 state or condition of the principal ; by the principal's express 
 revocation of the power; or principal's death. 2 Kent, 643. 
 
OFFENCES AGAINST TRADE — USURY. 101 
 
 OFFENCES AGAINST TRADE. 
 Usury. 
 
 Where an original contract is usurious, any subsequent con- 
 tract to carry it into effect, is also usurious. 15 Mass. 96. 
 
 Interest calculated and received upon a note upon the princi- 
 ple of 366 days being a year, is usurious. 1 Wend. 555. 
 
 Taking interest for a part of a year, computed on the princi- 
 ple that a year consists of three hundred and sixty days, or 
 twelve months of thirty days each, is not usurious, provided 
 the course is adopted bona fide, as an easy and practicable one, 
 and not a cover for usury. 18 Pick. 586. 
 
 Discounting the interest at the time of taking the loan is not 
 necessarily usury. It is for the jury to decide whether it is 
 done for the purpose of evading the statute. 1 Pick. 295. 
 
 A person, through his agent, borrowed of the defendant 550 
 dollars, payable in one year. The defendant handed the agent 
 550 dollars, but immediately received the 50 dollars again from 
 the agent as interest. Held, that the contract was usurious. 
 2 Carter's Ind. Rep. 546. 
 
 The penalty for taking excessive usury is not incurred, un- 
 less the lender in fact corruptly receive the usurious interest, 
 although he has received security for the payment of the money 
 loaned, with usurious interest. 7 Mass. Rep. 261 ; 10 lb., 121. 
 
 But if, at the time of making the loan, the borrower advance 
 a sum of money exceeding the lawful interest, by way of com- 
 pensation for forbearance, the offence of usury is from that 
 time committed, and the lender will be liable to the penalty, 
 whether the principal sum be ever paid or not. 5 Mass. R. 53. 
 
 Upon a prosecution to recover the penalty for taking exces- 
 sive usury, it will be no excuse for the defendant that he acted 
 as agent for another person, especially if he professed, at the 
 time, to act on his own account, and not as agent, lb. 
 
 An agreement to pay mora than legal interest for money lent 
 on note, such agreement being madeiat the time of the loan, is 
 usurious, though it, on its face, be for the mere amount lent, 
 with legal interest only. 9 Cowen, 65. 
 
 W^here a partial payment has been made on account of a 
 note for a sum of money borrowed on usurious interest, it was 
 held that the usury was complete. 1 Dall. 216. 
 
 A fair purchase may be made of a bond or note, even at 20 
 or 30 per cent, discount, without incurring the penalties of 
 usury, lb. 
 9 
 
102 
 
 RATES OF INTEKEST IN DIFFERENT STATES. 
 
 Rates of Interest in different States. 
 
 STATJES. 
 
 INTEREST. 
 
 Maine, 
 
 6 per cent. 
 
 "New Hampshire, 
 
 6 per cent. 
 
 Vermont, 
 
 6 per cent. 
 
 Massachusetts, 
 
 6 per cent. 
 
 Rhode Island, 
 
 6 per cent. 
 
 Connecticut, 
 
 6 per cent. 
 
 New York, 
 
 7 per cent. 
 
 New Jersey, 
 
 6 per cent. 
 
 Pennsylvania, 
 
 6 per cent. 
 
 Delaware, 
 
 6 per cent. 
 
 Maryland, 
 
 6 per cent. 
 
 Virginia, 
 
 6 per cent. 
 
 North Carolina, 
 
 6 per cent. 
 
 South Carolina, 
 
 7 per cent. 
 
 Georgia, 
 
 7 per cent. 
 
 Alabama, 
 
 8 per cent. 
 
 Mississippi 
 
 6 per cent. 
 
 Louisiana, 
 
 5 per^cent. 
 
 Tennessee, 
 
 6 per cent. 
 
 Kentucky, 
 
 6 per cent. 
 
 Ohio, 
 
 6 per cent. 
 
 Indiana, 
 
 6 per cent. 
 
 Illinois, 
 
 6 per cent. 
 
 Missouri, 
 
 6 per cent. 
 
 Michigan, 
 
 7 per cent. 
 
 Arkansas, 
 
 6 per cent. 
 
 Dis. of Columbia, 
 
 6 per cent. 
 
 Florida, 
 
 6 per cent. 
 
 Wisconsin, 
 
 7 per cent. 
 
 . Iowa, 
 
 6 per cent. 
 
 Texas, 
 
 8 per cent. 
 
 California, 
 
 10 per cent 
 
 Minnesota, 
 
 7 per cent. 
 
 RATE OF 
 
 rORFEIT FOR USDRT. 
 
 Forfeit of the usury. 
 
 Forfeit of three times the amount of usury. 
 
 Forfeit of usury. 
 
 Forfeit three times the whole interest paid. 
 
 Forfeit of usury. 
 
 Forfeit the usury and interest on the debt. 
 
 Forfeit of the whole debt, or ^1000 fine. 
 
 Forfeit of the whole debt. 
 
 Forfeit of the usury 
 
 Forfeit of the whole debt. 
 
 Forfeit of the usury. 
 
 Contract void, liable for twice the debt. 
 
 Contract void, liable for twice the debt. 
 
 Forfeit of usury and inlerest, with costs. 
 
 Forfeit of usury. 
 
 Forfeit of interest and usury. 
 
 For bona fide loan of money 10 ; forfeit 
 usury and interest. 
 
 Conventional as high as 8 j forfeit of inter- 
 est and usury. 
 
 Forfeit the usury. 
 
 Usurious excess void. 
 
 Usurious excess void. 
 
 Forfeit the interest. 
 
 For money loaned 10 per cent ; forfeit 
 the whole interest. 
 
 By agreement 10 per cent; forfeit the 
 whole interest. 
 
 On written agreement may go as high as 
 10 ; void for the excess over 7 per cent. 
 
 Parties can contract for 10 ; beyond, con- 
 tract void. 
 
 Usurious contract void. 
 
 By agreement 8 percent; forfeit of the 
 whole interest paid. 
 
 By agreement in vn-iting 12; if more be 
 taken forfeit treble the excess over 12. 
 
 Conventional 10 ; usurious excess void 
 
 Conventional 12; beyond forfeit of inter- 
 est and usury. 
 
 Parties can contract for any interest. 
 
 Parties can contract for any higher rate. 
 
CHEATING FALSE PRETENCES. 103 
 
 Cheating. 
 
 By this is meant any fraudulent practices, by which a person 
 is defrauded of liis rights ; as by false weights and measures, 
 the selling of goods with counterfeit marks, or by causing an 
 illiterate person to execute a deed to his prejudice, by reading 
 it over to him in words different from those in which it was 
 written : all which ofFences are punishable with fine and im- 
 prisonment. 
 
 To constitute cheating, a merely /aZse representation is not 
 sufficient. That falls under the head of the next-mentioned 
 offence. In cheating there must be a plausible contrivance, as 
 by false weights and measures, against which the ordinary pru- 
 dence of individuals is no security. So that selling by false 
 weights is an indictable offence, though selling under measure 
 is ground only for a civil action. 
 
 Under the head of cheating may be included /a?se personation ; 
 which consists in the offender's falsely representing himself, or 
 assuming to be, any other person, whether such other person 
 be alive or dead, or whether or not such other person ever ex- 
 isted ; the object of the offender being the fraudulent obtaining 
 of another's property. 
 
 So it is false personation, to receive the wages, pay, bounty- 
 money, pension, or gratuity, in the army or navy ; or falsely 
 personating the owner of any share or interest in any stock, 
 annuity, or other public fund. 
 
 Obtaining Money or Goods by False Pretences. 
 
 This is another and common species of fraud. Tn order to 
 constitute a false pretence, there must be a fraudulent repre- 
 sentation as to the existence or non-existence of some specific 
 fact, by which, wholly or in part, property is obtained. 'So 
 where a person obtains goods upon a false representation, as to 
 the value of his property, the goods must have been obtained 
 upon the false representation of the purchaser alone, and not 
 of others, as to the value of the property. If a man purchasing 
 goods, promises to call and pay for them the next day, this is a 
 mere prospective engagement, but no misrepresentation as to 
 any specific fact ; but if he obtain goods, and give in payment, 
 his check upon a bank, where he has no cash, and keeps no 
 account, the crime is complete. In one case, where a party, 
 to induce his banker to honor his checks, drew a hill on a 
 person on whom he had no right to draw, and which had no 
 chance of being paid, in consequence of which the banker paid 
 his checks, it was adjudged not to be a false pretence, because 
 he only obtained cre</!«,- it would have been otherwise had he 
 obtained money upon the bill. 
 
104 FALSE PKETENCES. 
 
 A minor going about, pretending he is of age, and obtaining 
 money or goods, may be punished as a common cheat.' 
 
 On an indictfnent for ohtainiaghy false pretence the signature 
 of a party to a note, where the pretence was, that the prisoner 
 had money in the hands of a third person, absent at the time, 
 it was held, that it was not material to prove the amount repre- 
 sented to be the identical sum stated in the indictment ; that it 
 was enough if it was sufficient to meet the payment of the note 
 which the party was induced to sign. 13 Wend. R. 87. 
 
 It is competent to a party whose signature has been fraudu- 
 lently obtained, to state the reasons why he did not confide in 
 the personal responsibility of the accused. lb. 
 
 If the accused attempt to show his ability to pay, the proof 
 must be limited to the time when the signature was obtain- 
 ed, lb. 
 
 A false representation authorizes the inference of an intent 
 to defraud. lb. 
 
 It is not necessary to a conviction, that the false pretences 
 should be the sole inducement to the signing of the note ; if 
 they have a controlling influence in inducing the signature, it 
 is enough, although minor considerations operate on the mind 
 of the party. lb. And see 11 Wend. 557. 
 
 Where a signature to a note has been obtained by false pre- 
 tences, and the party defrauded has been obliged to pay the 
 note, the indictment may charge the sum paid to have been ob- 
 tained by false pretences, without setting forth the obtaining of 
 the signature. 13 Wend. 87. * 
 
 Proof that a party from whom a note has been obtained by 
 false pretences, has been subjected to the payment of the money 
 specified in the note, is inadmissible unless there be a count 
 for obtaining money by false pretences. 13 Wend. 311. 
 
 In an indictment under the statute for obtaining by false pre- 
 tences the signature of a person to a written instrument, it is 
 not necessary to charge loss or prejudice to have been sustained 
 by the prosecutor ; the offence is complete when the signature 
 is obtained by false pretences, with intent to cheat or defraud ; 
 and it is not essential that actual loss or injury should be sus- 
 tained. 11 Wend. 18. 
 
 A writing in the form of a bond, neither having the signature 
 nor purporting to have the signature of any person attached to 
 it, is not a false writing within the meaning of the statute. To 
 constitute it such, it must be some instrument, letter, or other 
 writing false in fact, but purporting to have been signed by 
 some person, and to be his act, and so framed as to have more 
 weight and influence in effecting the fraud of obtaining a signa- 
 ture to a written instrument, or goods, etc., than the mere 
 naked assertion of the party defrauding. 13 Wend. 311. 
 
 The statute against obtaining goods by false pretences ex- 
 
FALSE PRETENCES. 105 
 
 tends to every case where a party has obtained money or goods 
 by talsely representing himself to be in a situation in which he 
 IS not, or by falsely representing any occurrence that has not 
 happened, and to which representations, persons of ordinary 
 caution may give credit. 11 Wend. 557. 
 
 An indictment lies for obtaining goods by false pretences, 
 where a party represents himself to be the owner of property 
 which does not belong to him, and thus fraudulently induces 
 the owner to sell goods to him on credit. The gist of the of- 
 fence in such case, consists in procuring the gqods of another 
 by false pretences, with the intent to cheat and defraud ; inten- 
 tionally and fraudulently inducing the owner to part with his 
 properly, by wilful falsehoods, in representing himself to be in 
 a condition in which he knew he was not. 25 Wend. 399 : 14, 
 558; 11, 565. 
 
 An indictment charged that the defendant falsely pretended 
 to one A., that B., C. and D. were indebted to him, the de- 
 fenda.nt, in a certain sum, and that they were bound to pay a 
 certain bill of exchange, then in the defendant's possession and 
 then over due, drawn by the defendants B., C. and D., paya- 
 ble to their order ninety days after date, and accepted by them, 
 and which they indorsed to the defendant who indorsed it to 
 said A.; that by said false pretences, the defendant obtained 
 from said A. certain goods with intent to cheat, &c. ; whereas, 
 in fact, the said B. and C. were not then indebted to the de- 
 fendant, nor were said B., C, and D. hound to "pay said bill. 
 Held that the first pretence was not sufficiently negatived, and, 
 as to the second, that there should have been an averment that 
 the defendant knew that B., C. and D. were not bound to pay 
 the bill. An indictment for obtaining goods by false pretences 
 must state to whom the goods belonged. 8 Blackf. I. R. 489. 
 It is not necessary to prove all the pretences charged ; proo 
 of part, and that the money was obtained by such part, is suffi- 
 cient. Russ. & R. C. C. 190. 
 
 As to the time when the false representations are made, it 
 has been decided in a late case by the court of errors, that if the 
 false pretences are not made until after the goods are actually 
 delivered, and the sale is complete, the person cannot be con- 
 victed of obtaining the goods by false pretences. 14 Wend. 546. 
 An indictment will not lie for obtaining money by false pre- 
 tences, where the money is parted with as a charitable dona- 
 tion, although the pretences moving to the gift are false ai^d 
 fraudulent. 17 lb. 351. 
 
 It is not necessary that the false pretence should be in words. 
 Thus, if a person obtain goods from another, and give in pay- 
 ment, a check upon a banker with whom he has no cash and 
 keeps no account, it is a false pretence within the meaning of 
 
106 
 
 the act. 3 Camp. Rep.' 370 ; 7 Car. and P. 825, 784 ; 14 
 Wend. 559. 
 
 But the pretence must be of some existing fact, made for the 
 purpose of inducing the prosecutor to part with his property. 
 Therefore, a pretence that the party would do an act he did not 
 mean to do, as a pretence to pay for goods on delivering, is not 
 a false pretence within the act, but merely a promise for future 
 conduct. (Russ. and Ry. C. C. 461.) The pretence must be 
 for the purpose only of obtaining the property. Therefore, a 
 pretence to a parish officer, as an excuse for not.working, that 
 the party has not clothes, when he really has, though it in- 
 duce the officer to give him clothes, is not a false pretence 
 within the statute ; the statement being rather a false excuse 
 for not working, than a false pretence to obtain goods. (Ibid. 
 604.) If a person procuring a tradesman to sell him goods as 
 for ready money, direct him to send them to his lodgings, and 
 then deliver fabricated bills in payment, retaining the goods,, 
 he may be convicted of having obtained theni bv false pretences. 
 2 Leach, 614. 
 
 If any person shall, by means of any false pretence, relating 
 to his means or ability to pay (when by the terms of such pur- 
 chase, payment for the same is not to be made upon, or before, 
 delivery, of the property so obtained,) obtain goods, wares, 
 merchandise, or other property, he shall be punished by im- 
 prisonment in the State prison not more than ten years, or by 
 fine not exceeding five hundred dollars, and imprisonment in 
 the county jail not more than two years. But such pretence 
 shall be made in writing, and signed by the party to he charged. 
 Mass. Law, 1854, c. 12, and R. S. c. 126. 
 
 Justices of the peace and police courts shall have jurisdiction 
 of the offence of false pretence, in all cases in which they would 
 have had jurisdiction of a larceny of the same property, and 
 shall impose a like punishment. Law of 1857. 
 
 Fraud. 
 
 Fraud may consist either in the suppression of the truth, or 
 in the misrepresentation of a fact, and vitiates all contracts from 
 the commencement. 3 Chit. Com. Law, 155. 
 
 It is a general rule that when a party is not able to protect 
 himself, the courts will interfere. They will, hence, set aside 
 all contracts made by a party while under imprisonment ; and, 
 in some instances of extreme necessity and distress, even where 
 there is no duress, if his free agency is entirely overcome by 
 some oppression, fraudulent advantage or imposition. 1 Story 
 on Eq. Jur. 244. 
 
 When money or goods are obtained by fraud, the lender or 
 seller may treat the loan or sale as a nullity. He may even 
 
FKAUD. 107 
 
 claim them in the hands of the sheriff, but not in those oiaiona 
 fide purchaser. 15 Mass. 75, 156. 
 
 Where one party, who is under some special obligation, by 
 confidence reposed or otherwise, fails to communicate facts in 
 his possession, of which the other is ignorant, the presumption 
 of fraud will attach. Story, Eq. Jur. 217. 
 
 If one party suffer another to buy an article under a delusion 
 created. by his own conduct, it will be deemed fraudulent. 2 
 Kent, 482. 
 
 The seller is bound to disclose latent defects ; but those open 
 equally to observation of both parties, he need not. lb. 
 
 Where the relation of principal and agent, client and attor- 
 ney, principal and surety, guardian and ward, trustee and 
 cestui que trust, partners and part owners, exists, the law re- 
 quires the utmost degree .of good faith in transactions between 
 them. And any misrepresentation cr concealment of any ma- 
 terial fact, or just suspicion of artifice or undue influence, will 
 he fatal to the validity of the contract. Story, Eq. Juris. 224. 
 If the vendor say or do any thing with an intention to divert 
 the eye, or obscure the observation of the buyer, even in relation 
 to open defects, he will be guilty of fraud. 3 Bl. Com. 165. 
 
 The seller is liable if he fraudulently misrepresent the qual- 
 ity of the thing sold, in some particulars, of which the buyer 
 has not equal means of knowledge with himself; or if he do so 
 in sucli a manner as to induce the buyer to forbear making in- 
 quiries which, for his own security, he would otherwise make. 
 2 Kent, 487. So an action will lie against one not interested 
 in the property, for making a false and fraudulent representation 
 to the seller, whereby he sustained damage by trusting thepur- 
 chaser on the credit of such' misrepresentation. 6 Johns. 181. 
 To render a party liable for representations of character, 
 made by him, it is necessary to prove that they were fraudu- 
 lently made. 1 Carter's Ind. Rep. 176. 
 
 Where a person designedly or knowingly causes a false im- 
 pression to be entertained by another, who is thereby dra.wn 
 into a contract injurious to his own rights or interest, it is a 
 case of fraud which will be relieved by courts. 8 Blackf. R. 45. 
 A party is not responsible for a misrepresentation of the legal 
 effect of a contract, lb. 277. 
 
 The vendor of goods, though defrauded in the sale by the 
 vendee, cannot treat the sale as a nullity, whilst he willingly 
 holds in his hands a valuable consideration which he received 
 for the goods. 7 Blackf Ind. R. 501. 
 
 Misrepresentations by one contracting party to the other as to 
 the value or quantity of a commodity in market, when correct 
 information on the subject is equally within the power of both 
 parties with equal diligence, do not, in contemplation of law, 
 constitute fraud. 5 Blackf. R. 18. 
 
108 FRAUD, 
 
 When a party has been led to enter into a contract by the 
 fraud of the other party, he may, upon discovering the fraud, 
 rescind the contract, and recover whatever he has advanced 
 upon it, provided he does so at the earliest moment after he 
 has knowledge of the fraud, and returns whatever he has him- 
 self received upon it. 1 Denio's N. Y. Rep. 69. 
 
 The general rule is that the party who would rescind a con- 
 tract on the ground of fraud, for the purpose of recovering what 
 he has advanced upon it, must restore the other party to the 
 condition in which he stood before the contract was made ; biit 
 where the party who practised the fraud has entangled and 
 complicated the subject of the contract in such a manner as to 
 render it impossible that he should be restored to his former 
 condition, the party injured, upon restoring, or offering to re- 
 store what he has received, and doing whatever is in his power 
 to undo what has been done in the execution of the contract, 
 may rescind it and recover what he has advanced, lb. 
 
 A contract, however fraudulent, is not a nullity ; it is valid 
 as to all the parties to the fraud, and to all others except those 
 who are injured thereby. 1 Iowa Rep. 467. 
 
 Where goods are obtained by a purchase effected through 
 the fraudulent representations of the vendee, the vendor may 
 rescind the contract on the discovery of the fraud, and reclaim 
 the goods. 10 New Hanip. Rep. 477. 
 
 If, however, the fraudulent vendee before the contract is re- 
 scinded, sell the goods to fi bona fide purchaser, for a valuable 
 consideration, without notice, the latter will obtain a good title. 
 
 A creditor of the fraudulent vendee, whose debt existed at 
 the time of the purchase, cannot prevent tfie vendor from re- 
 scinding the contract, by a mere attachment of the goods, as 
 he cannot thereby obtain a, better right in the goods than that 
 of his debtor. Ibid. 
 
 But a subsequent creditor, who may be supposed to have 
 given credit upon the app0,rent ownership of the vendee, may 
 hold the goods if he attach them before the contract is rescind- 
 ed by the vendor. Ibid. 
 
 Where the defrauded party rescinds an express contract, he 
 cannot set up an implied one, and sue the other party thereon, 
 1 Doug. Mich. Rep. 330. 
 
 Fraud does not render a contract void, but only voidable, at 
 the option of the defrauded party. 1 Doug. Mich. Kep. 330. 
 
 If the defrauded party elect to affirm the contract, he is bound 
 by it in all respects. Ibid. 
 
 If a vendor having aright to rescind a contract of sale of 
 goods, on account of the fraud of the vendee in making the pur- 
 chase, bring indebitatus assumpsit to recover the price of the 
 goods, he thereby affirms the contract. Ibid. 
 
 Where there is an express contract none can be implied, lb.