In witness whereof, the undersigned have hereunto set their hand this ____ day of ________ A.D., 19__.
________, ________, ________
________, ________, ________
On this ____ day of ________, 19__, before me, A.B., a justice of the peace, in and for the said county, personally appeared the above named ________, ________, ________, ________, who are personally known to me to be the identical persons whose names are affixed to the above articles, as parties thereto, and they severally acknowledged the instrument to be their voluntary act and deed.
Witness my hand the date aforesaid.
A.B.
Justice of the Peace.
Index
- Acceptance and delivery, what constitutes, [242]
- Action, defined, [4]
- Actions, different kinds of, [165] 166
- Administrator, may dispose of lease, [155], [156];
- can assign remainder of lease, [157]
- Adoption of children, form for or agreement for, [312].
- See Child, Adopted
- Adulteration of a commodity, [260]
- Advantage, incidental, [218]
- Agency, [6];
- Agent, when authority must be in writing, [7];
- cannot purchase principal's property, [8];
- power affected by usage or custom, [8];
- invalid act of, cannot be ratified, [9];
- ratifying a forgery, [9];
- cannot appoint a substitute, [10];
- liability of, [10];
- secret instructions to, [11];
- cannot act for both parties, [12];
- cannot receive profit from transaction, [12];
- must be faithful, [12];
- termination of relation of, [13], [14], [15];
- duties of affected by insanity of principal, [13];
- marriage of principal, [13];
- must keep principal informed, [14];
- liability of principal for acts and statements, [9], [10], [11], [12], [13], [14];
- auctioneer owners, [16];
- auctioneer purchaser's, [16], [1];
- length of term of, [17];
- for corporation, [26];
- bailor as, [28];
- broker as, [45];
- may make chattel mortgage, [53];
- how should sign checks, [58];
- authority of to receive stock subscriptions, [77];
- deception of releases subscriber, [77], [78];
- corporation can do wrong through, [98];
- can be appointed to examine books, [101];
- has insurable interest in goods, [126];
- state prosecutes through, [164]
- Agent, general, [6], [7], [8], [10];
- partner is a, [198]
- Agent, special, [6], [7], [18];
- insurance broker is a, [46]
- Agisters, [30]
- Alien, may become voluntary or involuntary bankrupt, [31];
- Animals, vicious, a nuisance, [258]
- Annoyances, temporary, [256]
- Apologies for slander and libel, [255]
- Appeals, court of, [4]
- Apprentices, and Compensation Acts, [268]
- Arbitration, [45]
- Assault and battery, a wrong, [250]
- Assent, mutual, basis of sales and contracts to sell, [227]
- Assets, disposition of in partnership failure, [202]
- Assignment. See Bankruptcy: Patent
- Associations, beneficial, [38];
- social and business, [38];
- voluntary, [39];
- incorporated, [39];
- articles and rules, [39];
- legal status, [39];
- members not partners, [39];
- liability to creditors, [39], [40];
- rights of members, [40];
- recovery of property by members, [41];
- exemption from taxation, [41];
- admission of members, [41], [42];
- initiation, [42];
- property rights of religions, [42];
- benefits to sick members, [42], [43];
- power to expel, [43], [44];
- expulsion in subordinate lodges, [44];
- restoration of members, [44];
- withdrawal of members, [44];
- liability of members for promised benefit, [44], [45];
- cannot confer judicial power on its officers, [45];
- cannot defer future controversies to arbitration, [45]
- Assumpsit, action of, [165]
- Attorney. See Power of Attorney
- Auctioneer, [16];
- Automobile, [19];
- rights of owner,19, [20];
- no superior rights, [20];
- non-resident driver, [20];
- license, [20];
- liability of bailor, [20], [21];
- responsibility of hirer, [21];
- sale of, by hirer, [21];
- obligation on hirer's part, [21];
- owner's redress of car misused, [21];
- duty of owner or hirer when carrying passengers, [22];
- compensation of owner, [22];
- liability for using without owner's consent, [22];
- liability of a corporation hirer, [22];
- liability for joy riding, [22];
- speed of, [22];
- exclusion of, [22];
- "the law of the road," [22], [23];
- rights of pedestrian, [22], [23];
- passing each other, [23];
- backing, [23], [24];
- meeting in street, [23];
- at intersecting streets, [24];
- obstructions in road, [24];
- driver must use care to avoid injury, [24], [25];
- competency of driver, [25];
- must be under reasonable control, [25];
- driving in a fog, [25];
- liability of owner, [25]
- See Chauffeur, Garage Keeper
- Bacon, quoted, [45]
- corporation as, [26];
- finder of lost property is, [26], [27];
- rights of creditor of, [28];
- liability of, [28], [29];
- must be informed of all faults, [28], [29];
- liability of bank as, [29];
- liability of a safe deposit company as, [29];
- usually a keeper only, [29];
- exceptions, [29], [30];
- return of property at end of bailment, [30];
- lien for services, [30];
- has insurable interest in goods, [126];
- garage keeper is a, [133]
- Bailee, liability of a minor, [26];
- Bailment, [20], [26]-30
- Bailor, not responsible for negligence of hirer, [20];
- liability as bailee, [29];
- not legally bound to pay check to holder, [58];
- agreement to pay check is with depositor, [58];
- responsible for payment of checks, [59];
- not responsible for checks carelessly written, [60];
- liability for forged checks, [60];
- is liable if makes payment on stopped check, [61];
- life of a national, [73];
- can retain dividend, [78];
- liability of national shareholders, [78], [79];
- directors of national, [87];
- directors of, [88], [91], [94];
- who loans money of, [88];
- president, [91], [92];
- national cannot always certify a check, [99]
- Bank, custodian of lost property, [27];
- filing of petition of voluntary, [33];
- withdrawal of petition, [33];
- what must accompany petition, [33];
- filing of petition against, [33], [34];
- must file schedule of property, [34];
- first meeting of creditors, [34];
- subsequent meetings, [34];
- represented by trustee, [34], [36], [37];
- proving and allowing claims against, [35], [36];
- insurance policy of, [37];
- discharge of, [38];
- punishment of, [38]
- Bankrupt, voluntary and involuntary defined, [31];
- Bankruptcy, [31];
- Beneficial associations. See Associations, Beneficial
- Benefit, conference of a, [218]
- Bid, authority of auctioneer to accept, [18]
- Bill and note broker, [45]
- Bill of exchange, definition, [196];
- Bill of Lading, [48], [243]
- Bill of sale, form for, [281]
- Boarding house, liability of keeper of, [149]
- Bonds, government, equity does not require delivery of actual bonds purchased, [120]
- Bottomry loan, [239]
- Broker, [45];
- Brokerage, [45]
- See Real Estate, Land
- Building, form for agreement for, [278].
- Burglary, excused by drunkenness, [117]
- Buy and sell, regulations concerning capacity to, [228]
- By-laws, neglect of, in holding meeting, [81]
- Capital, [74], [78], [94]
- kinds, [48];
- authority of private, [48];
- required to use great care, [48];
- may modify common law by contract, [48];
- can limit liability, [48], [49];
- must carry all responsible passengers, [49];
- regulations for carrying freight, [49];
- have lien to hold freight, [50];
- statutes regarding loss of life, [50];
- liability for injuries, [50], [51];
- sleeping car company not common, [51];
- liability for loss of baggage, [51];
- distinction between general and local express companies, [51], [52];
- United States common, for mails, [52].
- See Mails
- Carrier, [48];
- Carrier common, duty to an intoxicated person, [118]
- Cattle, trespassing, liability of owner of, [257]
- Car, liability of principal for acts of conductor of, [11]
- Certificate of stock, form for, [301]
- Charities. See Associations, Beneficial
- perpetual, [73]
- Charters, of national banks, [73];
- See Mortgage, Chattel
- Chattel mortgage with power of sale form for, [288].
- Chauffeur, physical fitness of, [25];
- signing of, [58];
- bank not legally bound to pay, to holder, [58];
- payment of, when funds insufficient, [58], [59];
- banks responsible for payment of, [59];
- two rules relating to payment of, [60];
- forged, [60];
- holder of, should deposit immediately, [60], [61];
- drawer may stop payment of, [61];
- certified, [61];
- when given in payment, [212]
- Check, [58];
- Child, adopted, [5];
- Children, must be supported by parent, [197];
- Church, form for subscription to build a, [299]
- definition of, [62];
- duty of, [62];
- double allegiance of, [62];
- state protects ordinary rights of, [62];
- protection of, defined by constitution and Federal law, [62];
- corporation may be included in term, [62];
- who is, of United States, [62];
- alien woman as, [62];
- American woman loses rights by foreign marriage, [62];
- alien may be naturalized, [62], [63]
- Citizen, [62];
- Coin, legal limit of, in payment, [211]
- Cold storage, [29]
- basis for computation of compensation under, [274]
- Compensation Acts, Workmen's, [266];
- Complaint, action of, [166]
- kinds of, [64];
- parties to, [65], [66];
- consideration of, [66], [67], [68];
- mutuality of, [68];
- acceptance of, at time of offer, [68];
- offer made on time, [68];
- offer can be withdrawn, [68], [69];
- acceptance after reasonable time, [69];
- by correspondence, [69], [70];
- acceptance of, by telegraph, [69];
- withdrawal of, by telegraph, [69];
- offers and rewards, [70], [71];
- dates of, [71];
- interpreted by law of place when made, [71];
- execution of, [71];
- damages for failure to execute, [71], [72];
- effect of drunkenness on, [116], [117];
- equity enforces, [118], [119], [120];
- insurance policy is, [125], [126];
- of insurance can be reformed by court of equity, [128];
- responsibility of innkeeper may be changed by, [149];
- life insurance, [167];
- of a minor, [176];
- to sell in the future, [227];
- when necessary to be within, [242];
- for manufacture not included in Statute of Frauds, [243];
- form for bond to perform a, [280].
- See Deceit, Drunkenness, Quasi-Contracts
- Contract, [64];
- Contract of service, [267]
- Contract, Quasi. See Quasi Contract
- Contractors, independent, and Compensation Acts, [271]
- Conveyance of real estate, in Statute of Frauds, [242]
- Co-partnership, form for articles of, [305], [307]
- Corporate owners of vessels, [236]
- an involuntary bankrupt, [31];
- definition of manufacturing, [31];
- trading, [32];
- through its officers can admit inability to pay debts, [32];
- when paying benefits not exempt from taxes, [41];
- liability for injuries, [41];
- as mortgagee, [53];
- may be included in term citizen, [62];
- kinds of, [72], [73];
- formation of, [73], [74];
- perpetual charters, [73], [74];
- has no heirs, [74];
- continues through succession, [74];
- purchase of stock by one member, [74];
- capital of, [74];
- reasons for forming, [75];
- who can subscribe to stock of, [75];
- fictitious subscriptions to stock of, [75];
- stock certificates [76], [86];
- capital stock increased [76];
- rights of stockholders, [76];
- preferred stock, [76];
- subscriptions
- to shares is a contract, [77];
- cannot purchase own shares, [78];
- has no lien on its stock, [78];
- liability of shareholders, [78], [79];
- appointment of receivers, [79];
- assessments on stock, [79];
- meetings, [80];
- power of, [80];
- charter of, [80];
- majority shall rule may be modified, [80];
- who may call meetings, [80], [81];
- annual meetings, [81];
- regular meetings, [81];
- special meetings, [82];
- notices waived, [82], [83];
- who can vote, [83], [84], [85];
- right of transferee, [85];
- directors of, [86]-93, [94], [96], [100], [101];
- affairs handled by few men, [88]; failure of, [92];
- dividends, [92], [94]-98;
- wrongs of, [98];
- liability for acts of agents, [98], [99];
- owner of stock has insurable interest in goods, [126];
- when private may make lease, [155];
- municipal, and leases, [155];
- may take lease, [155];
- can sue for slander or libel, [253];
- may be a devisee, or legatee, [264]
- Corporation, cannot become a voluntary bankrupt, [31];
- Court, federal and state, [1], [4];
- See Deeds
- Covenants, [104], [105], [122], [165].
- Credit, letter of, form for, [309]
- assignment for benefit of, [32];
- filing of petition against bankrupt, [33], [34];
- claims of, [34], [35], [36];
- election of trustee by, [34], [36];
- right to vote at meetings, [35];
- may object to discharge of bankrupt, [38];
- liability of beneficial associations to, [39], [40];
- several may join in giving mortgage, [53];
- attachment has insurable interest in goods, [126]
- Creditor, of bailee, [28];
- Crime, drunkenness as excuse for, [117];
- Curtesy, [101], [102]
- liability of innkeeper changed by, [149].
- See Usage
- Custom, when no defense to chauffeur, [58];
- of stockholder before transfer, [82];
- of partner, [85];
- of husband, [114];
- of homesteader, [136];
- separation agreement cannot be set aside by, [144];
- of ward terminates lease, [155];
- lease made by wife terminated by husband's, [155];
- of mortgagor, [182], [183];
- of partner, [201];
- of inventor, [206];
- of a contractor, [223];
- of master of vessel, [239];
- of workman, [274]
- Damages, nominal and compensatory, [253]
- Death, of principal or agent, [15];
- Debts and Statutes of Limitation, [244];
- Deceit, [102];
- several, used in land deal, [104];
- warranty, [104];
- what warrantor agrees to do, [104], [105];
- encumbrances, [105];
- indenture, [105];
- release or quit-claim, [106];
- poll, [106];
- use of seal, [106];
- witnesses, [107];
- lease, [107];
- completed before delivery, [107];
- executor of, [107];
- when must be read, [107];
- delivery essential, [107], [108];
- should be recorded, [108], [109];
- acknowledgment, [109], [110];
- execution of, by married woman, [109], [110];
- Commissioner of, [110];
- correction of mistake, [110];
- land must be bounded, [110], [111];
- equity compels delivery of, [119];
- of warranty, form for, [282], [283];
- of indenture, form for, [284];
- of quit-claim, form for, [285], [286];
- of mortgage, form for, [287];
- of mortgage with power of sale, form for, [287];
- of mortgage on goods and chattels, form for, [289]
- Decisions, highest court, [1]
- Deed, [7], [104];
- Defenses, in actions for slander and libel, [254]
- Delay in telegraph messages, [246]
- See Bank; Check
- Dependents of workmen, and Compensation Acts, [272]
- Deposits, how made by agent, [12].
- Desertion, its effect on homestead, [136]
- Devise of lands, [265]
- Devisee, of mortgaged land, [182];
- Director, of corporation, [86]-93, [94], [96], [100]
- See Corporation
- Discomfort acts of, wrongs, [256]
- Dividends, [94]-98, [125].
- Divisional tree, law relating to, [113]
- husband's becomes wife's, [139]
- Divorce, effect of on dower right, [116];
- defined, [113];
- paramount to claims of husband's creditors, [113];
- mortgage has preference, [113];
- legal marriage necessary, [114];
- assignment of, [114];
- may be barred, [115];
- non-existence of, [115];
- in exchanged lands, [115];
- rights of partner's widow, [115];
- can be released, [116];
- effect of divorce, [116]
- Domicile, of bankrupt, [31];
- Dower, [113];
- Drunkenness, [116];
- Earnings, the basis for computation of compensation, [274]
- Federal and Compensation Acts, [271]
- Ejectment, action of, [166]
- Elevator, sale of grain in, [229]
- Employees, casual, and Compensation Acts, [270];
- Employer and employee, relations as to patents, [207], [208];
- law and, [3]
- Enrollment, of vessels, [235]
- Equitable remedies, [118]-122
- Equity, court of, [3], [16], [118]-122, [128];
- Eviction, [160], [161]
- Exchange, bill of. See Bill of Exchange, Note, Negotiable Paper
- Executor, authority to vote at corporate meetings, [84];
- Explosives, liability of keeper of, [258]
- Express company, distinction between general and local, [51], [52]
- Factor, [123];
- Farm, tenant of, [157]
- Farm lease, form for, [295]
- Federal courts, [1]
- Federal employees, and Compensation Acts, [271]
- Finder, obligation of, as to lost property, [26], [27];
- Fire insurance. See Insurance, Fire
- Fires, starters of, liability of, [258]
- Fixtures, [132];
- Agreement for sale of land, [277]
- Agreement concerning party wall, [277]
- Agreement for building, [278]
- Agreement for work and labor, [280]
- Agreement for lease, [293]
- Agreement to sell shares of stock, [302]
- Agreement for sale of physician's practice, [309]
- Agreement between merchant and traveling salesman, [311]
- Agreement for adoption of children, [312]
- Articles of co-partnership, [305], [307]
- Articles of incorporation, [318]
- Assignment of mortgage, [292]
- Assignment of lease, [298]
- Assignment of policy of insurance, [302]
- Assignment of patent right, [304]
- Bill of sale, [281]
- Bond to perform a contract, [280]
- Bond for payment of money, [305]
- Certificate of stock, [301]
- Chattel mortgage, with power of sale, [288]
- Claim of lien by workman, [279]
- Deed of indenture, [284]
- Deed of quit-claim, [285], [286]
- Deed of mortgage, [287]
- Deed of mortgage with power of sale, [287]
- Deed of mortgage on goods and chattels, [289]
- Deed of warranty, [282], [283]
- Lease, [293], [294]
- Lease, farm, [295]
- Lease of furnished rooms, [297]
- Letter of credit, [309]
- Notice of sale under mortgage, [291]
- Notice to quit, [299]
- Power of attorney, [299]
- Power of attorney, to transfer stock, [300]
- Release by ward of his guardian, [314]
- Subscription to build a church, [299]
- Transfer of shares of stock, [303]
- Will, [315], [316], [317]
- Food, warranty in sale of, [261]
- Forgery, ratification of, [9];
- Forms, legal:
- owner's liability for car when in a, [133];
- public, not a nuisance, [133];
- lien of keeper of, for storage and repairs, [134];
- care keeper of must use, [134];
- liability of keeper of for negligence, [134];
- keeper of not an insurer, [134];
- keeper of must protect from theft, [134];
- liability of keeper of for leaving car in alley, [134];
- and for using car without permission, [135];
- delivery of car by keeper of, [135];
- liability of keeper of for delay in repairing, [135];
- and for acts of servant, [135].
- See Automobile, Chauffeur, Bailment
- Frauds, Statute of. See Statute of Frauds
- Furnished rooms, form for lease of, [297]
- Garage, keeper of a bailee for hire, [133];
- Gift, cannot be recovered, [218]
- Grain, sale of, in elevator, [229]
- Guardian, who can act as, [143];
- See Automobile
- definition of, [135];
- cannot be seized by creditors, [135];
- head of family owning definition of, [135], [136];
- effect of desertion and divorce on a, [136];
- what land is included in, [136];
- steps necessary to procure a, [136], [137];
- residence required on a, [137];
- liability of owner of, for debts, [137];
- can be mortgaged, [137];
- can be sold and other land bought, [137];
- exemption from taxes, [137]
- Habeas corpus, action of, [166]
- Health of employees in relation to Compensation Acts, [268]
- marriage a contract, [137];
- essentials of marriage, [137];
- false representations, [137];
- effect of deceit in obtaining consent, [138];
- of compulsion, [138];
- of insanity, [138];
- legal age for marriage, [138];
- void marriages, [138];
- marriage license, [138];
- marriage performed outside jurisdiction, [138];
- common law marriage, [138], [139];
- husband's domicile becomes that of wife, [139];
- when wife can retain her domicile, [139];
- husband's liability for wife's crimes, [139], [140];
- wife still liable, [139];
- cannot steal from each other, [140];
- right to sue each other, [140];
- wife's liability for husband's wrongs, [140];
- alienation of affection, [140];
- wife's right to retain and manage her estate, [141];
- can appoint husband to act for her, [141];
- may act for husband, [141];
- and as executor, administrator or guardian, [141];
- wife's right to sue and be sued, [142];
- husband's liability for wife's debts, [142];
- duty of husband to provide home, [142];
- his right to defend wife, [142];
- his duty to provide home, [142];
- wife must live with husband, [142];
- duties of husband and wife toward each other, [142], [143];
- guardian of children, [143];
- husband and wife may live separately, [143];
- may divide property, [143], [144];
- when separation agreement cannot be sustained, [144];
- death and share of estate, [144];
- right of wife to use husband's credit, [144].
- See Divorce
- Highway, [112], [135], [218].
- Homestead, agent's authority to sell, affected by owner's marriage, [14];
- Huddy, quoted, [22], [23]
- Husband and wife, [137];
- Ice, liability for, on pavement, [162]
- Imprisonment, false, a wrong, [249]
- form for deed of, [284]
- Imprisoned person, and Statute of Limitation, [244]
- Incapacity of workman, partial or total, compensation for, [275]
- Incorporation, form for articles of, [318]
- Indecent language in a telegram, [247]
- Indenture, [105];
- Indorsement, see Negotiable Paper
- Infancy, period of, defined by-law, [65]
- Inheritance, adopted child, [5]
- Injunction, temporary and permanent [22];
- Innkeeper, [147];
- kinds of companies, [124], [125];
- mutual company preferred, [124];
- mutual plan protects against loss only, [125];
- stock company pays dividends, [125];
- insured must have interest in property, [125];
- who has insurable interest, [126];
- policy, as collateral security, [126];
- policy void, [126];
- policy a contract, [126];
- standard policy, [126];
- when is policy binding, [126], [127];
- premium, [127];
- policy may be assigned, [127];
- when policy can be cancelled, [127], [130];
- contract reformed, [128];
- written and printed parts of policy, [128];
- written application part of contract, [128];
- interpretation of meaning, [128];
- language of policy, [128], [129];
- clerical errors, [129];
- what policy covers, [129], [130];
- when risk begins, [129];
- misrepresentation, [129], [130];
- concealment of facts, [130];
- questions and answers a warranty, [130];
- policy void, [130];
- loss, total or partial, [130];
- damage by water, [130];
- from explosion, [131];
- from theft, [131];
- from lightning, [131];
- from negligence, [131];
- total loss, [131];
- partial loss, [132];
- open and valued policies, [132];
- see Agency
- Insane person and Statute of Limitation, [244]
- definition, [167];
- validity of the contract, [167];
- assignment of policy, [168], [172];
- authority of general agent to vary the agreement, [168];
- no contract until policy accepted by company, [169];
- state requirements, [169];
- delivery of policy, [169];
- authority of general and special agents, [170];
- payment of first premium, [170];
- void under conditions contrary to public welfare, [170];
- proceeds on which policy may be set aside, [171];
- determination of beneficiary, [171];
- date of commencement of risk, [172];
- payment of premiums, [172];
- reinsurance contracts, [173];
- cancellation or surrender, [173], [174];
- rescinding of a policy, [174];
- surrender or cancellation value, [175];
- conversion of policy, [175]
- Insanity, of principal, [13];
- Inspector, [83], [101]
- form for assignment of, [302]
- Insurance Broker, [45], [46]
- innkeeper is, [147]
- Insurance, fire, when liable for acts of agent, [6];
- Insurance, life, [167];
- requirements necessary to obtain a patent, [203];
- element of novelty, [204];
- prior publication, [204];
- usefulness, [204];
- exercise of inventive power necessary for a patent, [205];
- reduction of to practice, [206];
- employer presumed to be the real inventor, [208];
- inventor must apply for a patent, [208];
- specification of, [208];
- improvement on, [209]
- Insurance money, provision for, in lease, [159]
- see Carrier, Innkeeper
- Insurance policy, of bankrupt, [37];
- Insurer, garage keeper not an, [134];
- Interstate Commerce Commission, controls interstate telegraph business, [248]
- Invention, patentable or not, [202], [203];
- Jewelry, keeping of, by bailor, [29];
- for safety of persons and children, [259]
- Key, delivery of, constitutes delivery of goods, [242]
- Laborers, farm, and Compensation Acts, [268]
- Lake, title to land under and around, [112]
- Land, title to, bounded by navigable river, [112];
- Land, agreement to purchase, [15];
- defined, [151];
- oral or written, [151], [152], [153];
- liability of lessee, [151], [159];
- agreements in [152], [153];
- year to year tenancy, [153];
- term, defined, [153];
- for a future period, [153], [154];
- description of premises, [154];
- distinction between, and agreement, [154];
- valid, [155];
- made by married woman, [155];
- private corporation may make, [155];
- municipal corporation restricted, [155];
- corporation may take, [155];
- executor may dispose of, [155], [156];
- trustees may make, [156];
- partner cannot make, [156];
- for what can be made, [156];
- ratification, [156];
- construction of, [156];
- presumes care on part of tenant, [156], [157];
- rights of a mill tenant, [157];
- rights of a farm tenant, [157];
- assignment of, [157];
- sublease, [157];
- lessor may part with his interests in, [158];
- not a warranty of good condition, [158];
- lessor not required to make repairs, [158];
- agreement to make repairs, [158], [159];
- agreement to rebuild, [159];
- alterations by tenant, [159];
- renewal, [159];
- rent, [160];
- eviction, [160], [161];
- land rented on shares, [161];
- of parts of building separately, [161];
- liability of lessor, [161], [162];
- removals by tenant at expiration of, [162], [163];
- form for agreement for, [293];
- form for a, [293]; [294];
- form for a farm, [295];
- form for assignment of, [298];
- of furnished room, form for, [297]
- Land license, see License
- Land owner, liability of, for nuisances on his property, [257];
- Landlord, see Lease
- Larceny, [27]
- Law, common, [1], [2], [3];
- Lawsuit, mode of conducting, [164]
- and slander, [252]
- Lease, [151];
- Legal remedies, [164]-166
- Legatee, property given to, disposition of, [37];
- Lessee, see Lease
- Lessor, see Lease
- Letter of credit, form for, [309]
- Libel, is a wrong, [250], [251], [252];
- License, land, [149];
- License to operate automobile, [20]
- Lien, of agister, [30];
- Life Insurance, see Insurance, Life
- Limitation, Statutes of, [243], [244], [245]
- action of, [166]
- Livery stable, no lien on animals, [30]
- Lodging house, liability of keeper, [149]
- Lost property, [26]-28
- McClain, Justice, quoted on life insurance, [168], [174]
- see Husband and Wife
- Mail, United States common carrier for, [52];
- Malice, liability of corporation for, [99]
- Mandamus, issue of, [81];
- Manufacture, contract for, not included in Statute of Frauds, [243]
- and traveling salesman, form for agreement between, [311]
- Manufacturer, liability of, [258]
- Margin, sale of stock on, [235]
- Marriage, [13], [14], [115], [137];
- bid made by, [18];
- as bailee, [20];
- cannot become a voluntary bankrupt, [31];
- as mortgagee, [53];
- as chauffeur, [57];
- citizenship of, [62];
- ability of to sign contracts limited, [65];
- period of infancy of, fixed by law, [65];
- cannot subscribe to stock, [75];
- cannot be held for note, [91];
- cannot make legal deed, [107];
- lease made by, void, [155];
- contracts of a, [176];
- necessaries and luxuries supplied to a, [176];
- disaffirmation of contract of a, [177];
- fraudulent contract of a, [177];
- can avoid sales contracts, [228];
- and Statute of Limitations, [244];
- may be a devisee or legatee, [264];
- as employee in Compensation Acts, [268]
- Massachusetts courts, decision in respect to adopted child, [5]
- Masters, of vessels, law governing employment, [239];
- kinds of, [177];
- may cover future advances, [178];
- improvements covered, [178], [179];
- not an absolute conveyance, [179];
- not changed by contemporaneous agreement, [179];
- with power of sale, [179], [180];
- how the power must be executed, [180];
- mortgagor cannot purchase property sold, [180];
- lien of vendor for purchase money, [180];
- how subsequent purchaser is affected, [180];
- notice of vendor's lien, [181];
- mortgagor real owner, [181];
- both parties may insure premises, [181];
- rights of several mortgagees to same property, [181];
- right of deviser to money due on, [182];
- mode of foreclosure on a, [182];
- payment by joint contributors to discharge, [183];
- who can redeem a, [183];
- payment by executor, [183];
- rights of mortgage of vessel, [238];
- form for deed of, with power of sale, [287];
- form for deed of, [287];
- form for notice of sale under, [291];
- form for assignment of, [292];
- see Deed, Chattel Mortgage, Shipping
- Meetings, [83]-86
- definition of, [52], [53];
- form of, [52];
- who may make, [53];
- creditors may join in giving, [53];
- description of property, [53], [54];
- may be given for future advance of money, [54];
- to render secure from creditor [54];
- Statutes of, [55], [56];
- what is included in, [55];
- rights of mortgagee, [55], [56];
- form for, with power of sale, [288];
- form for deed of, [289];
- see Mortgage
- Merchant, duty of, towards public, [151];
- has insurable interest in goods, [126]
- Merchandise Broker, [45], [46]
- favored by law in regard to fixtures, [133]
- Messages, telegraph, should not be made public, [247];
- Minor, limited power of, [7];
- Morawetz, quoted, [88], [89], [100]
- Mortgage, creditor, can force contract to give, [120];
- see Note, Promissory
- Mortgage, Chattel, [52];
- Mortgagee, [55], [56];
- requirements for a, [183];
- unqualified promise in a, [184];
- payable on a contingency, [184];
- payable at a fixed future time, [184];
- dating of a, [184];
- seal of a, [184];
- payable on demand, [184];
- overdue, [185];
- payable to order; [185];
- payable to bearer, [185];
- ante or past-dated, [185];
- title to, acquired from date of delivery, [185];
- a wrongly dated, [186];
- authority of holder to fill blanks, [186];
- incomplete until delivery, [187];
- mode of delivery, [187];
- ambiguity of a, [187], [188];
- signature to a, [188];
- signature by agent, [188];
- a forged, [188];
- forged indorsement on a, [188];
- consideration for a, [189];
- accommodation party to a, [189];
- negotiation of a, [189];
- negotiation by delivery of a, [189];
- by indorsement and delivery, [189];
- kinds of indorsement of a, [189];
- striking out indorsement of a, [189];
- indorsing to bank or cashier, [190];
- misspelled or incorrect indorsement, [190];
- holder in due course, [190];
- bad faith in negotiating, [190], [191];
- agreement of maker, [191];
- liability of indorser, not a party to, [191];
- presentment of a, for payment, [191], [192], [193];
- exclusion of days in reckoning due date of, [193];
- payable at bank, [193]; notice of dishonor of a, [193], [194];
- notice of, to joint parties, [194];
- notice of, to address as directed, [194];
- notice of waived, [195];
- alterations in a, [195];
- memorandum on a, [195];
- similarity of indorsed, and bill of exchange, [196];
- given in payment, [212];
- and Statute of Limitations, [244]
- Mortgagor, [55], [56];
- Motorist, non-resident, [20]
- of meetings, see Corporation;
- to quit, form for, [299]
- Naturalization, [62]
- Negotiable Instruments Law, [213]
- Negotiable paper, definition, [183]-197;
- Newspapers, offers and rewards in, [70], [71]
- Note, promissory, definition, [183];
- Non-resident Alien, [63], [64]
- Notice, of sale under mortgage, form for, [291];
- what surviving may do, [85];
- may waive notice of corporate meeting, [85];
- dower rights of widow of, [115];
- cannot lease partnership land, [156];
- non-investing, not liable for debts, [198];
- a general agent, [198];
- limitations of authority of a, [199];
- silent or secret, liability of, [199], [200];
- general or special, [200];
- illegal contract made by a, [201];
- death of a, [201];
- succession to by executor, [201];
- retiring, [201];
- liquidating, authority of, [202]
- Nuisances, private, are wrongs, [255]
- liability of members, [75], [78];
- stock owned by, represented by partner, [85];
- contract to form, cannot be enforced, [120];
- member of, cannot make lease, [156];
- between tenant and landlord, [161];
- in a single transaction, [198]; Act, [198];
- liability of non-investing partners in, [198];
- can hold any kind of property, [198];
- partners in, are general agents, [198];
- limitations of authority of partners in, [199];
- reception of a new member in, [199];
- formed by definite agreement in writing, [199];
- silent or secret partners in, [199], [200];
- limited liability, [200];
- dissolution of a, [201];
- death of a partner in, [201];
- retiring partner in, [201];
- failure of, disposition of assets, [202];
- liquidating partner in, [202]
- Obligations, various, included in Statute of Limitations, [245]
- Officer, public, liability of, [52]
- compensation for carrying, [22];
- see Carrier
- Option, to purchase land, [16]
- design, [203];
- invalidation of an American by a foreign, [204];
- prior publication for a, [204];
- defeat of on ground of lack of novelty, [204];
- must be useful to get a, [204];
- exercise of inventive power necessary for a, [205];
- to whom can a be issued? [206];
- a joint, [207];
- must be issued in name of real inventors, [207];
- rights of employee with a, [207];
- may be issued to assignees, [208];
- inventor must apply for a, [208];
- specification of invention to get a, [208], [209];
- duties of inventor to get a, [209];
- duties of commissioner and examiner before granting a, [210];
- right of appeal if not granted, [210];
- infringement of, and injunction to prevent, [211];
- form for assignment of right, [304]
- Owners, in common, of vessels, [236], [237]
- Parent, natural and adopted, [5];
- legal forms of, [211], [212];
- note or check given in, [212];
- applications of general on several debts, [212];
- receipt not conclusive evidence of, [213];
- effect of a seal in a receipt for, [214];
- on receipt of documents, [235];
- partial, of purchase money completes sale, [243];
- partial, revives debt barred by Statute of Limitations, [245];
- of money, form for bond for, [305]
- Partner, a member of beneficial association not a, [39];
- Partnership, rules for termination of agency, [14];
- Party wall, form for agreement concerning, [277]
- form for agreement for sale of practise of a, [309]
- Passenger, duty of automobile owner or hirer, in carrying, [22];
- has insurable interest in goods, [126]
- Patent, [202];
- Pawn Broker, [45], [47]
- form of assignment of, [302];
- see Insurance, Fire; Insurance, Life
- Payment, when can double be required, [9], [211];
- Peck, quoted, [117]
- Pedestrian, rights of, [22]
- Physician, admission of, to beneficial associations, [41];
- Pledgee, authority of, [7];
- Pledgor, of stock, [85], [86]
- Policy, insurance, [168]-176;
- Poll deed, [106]
- Possession and control, transfer of constitutes delivery, [243]
- Postmaster, liability of, [52]
- Post office, is agency of offerer of contract, [69], [70]
- Pond, title to land under and around, [112]
- determination of reasonable, [231]
- Power of attorney given to an agent, [7];
- Precedent, nature of, [1]
- Preference, defined, [32]
- malicious, is a wrong, [249]
- Preferred stock, see Corporation
- injured person as, [164]
- Premium, see Insurance, Life; Insurance, Fire
- Prescriptive Rights, [214];
- Price, fixing of, in a sale, [230];
- Promise to pay a debt, renewal of, [244], [245]
- definition, [218];
- gift cannot be reclaimed, [218];
- recovery for incidental advantage to another, [218], [219];
- for service rendered as gratuity, [219];
- for goods accepted without intended payment, [219];
- for perished property, [220];
- premium on insurance policy, [220];
- recovery in case of indefinite promise, [220];
- contract not executed as law requires, [220], [221];
- especially Statute of Frauds, [221], [222];
- recovery for use of unpaid for land, [222];
- recovery impossible in case of no benefit, [222];
- recovery impossible by taking advantage of one's own default, [223];
- recovery for loss in course of alteration and repair, [223];
- in case of illness or death of contractor, [223];
- in wagering contract, [224];
- in contracts made on Sunday, [224];
- on partnership note given for benefit of partner, [224];
- of goods delivered by carrier to wrong person, [224];
- of payment made by mistake, [225];
- when consideration has totally failed, [225];
- voluntary payment, [225];
- recovery of check not covered by deposit, [225];
- goods sold as own which are not, [225];
- goods that are worthless, [225];
- forced benefit cannot be recovered, [226]
- Property, lost, [26], [27];
- Prosecution, liability of corporation for, [99];
- Prosecutor, State as, [164];
- Publication, prior, of an invention, [204]
- Public Officers, and Compensation Acts, [272]
- Purchasers of vessels, liability of, [238]
- Quasi Contract, [218];
- deeds, [101]-112;
- monuments, [111];
- boundaries of, in cities, [111];
- non-navigable stream, [111];
- tidal navigable stream, [112];
- natural or artificial pond as boundary, [111], [112];
- title to land in public highway, [112];
- liability of examiner of title, [112], [113];
- equity awards money for failure of contract, [120];
- equity will enforce covenants, [122];
- seller favored by law in regard to fixtures, [132], [133];
- conveyance of, in Statute of Frauds, [242].
- See Lease
- Quit, form for notice to, [299]
- Quit-claim, [106];
- has insurable interest in goods, [126].
- See Corporation
- Quo warranto, action of, [166]
- Race track news by telegraph, [217]
- by ward of his guardian, form for, [314]
- Railroad receivers, [8]
- Ratification, defective notice of meeting may be cured by, [83]
- Real Estate, broker, [45], [46];
- Receipt not conclusive evidence of payment, [213]
- Receiver, duties of, [79];
- Registration of vessels, [235]
- Release, [106];
- Rent, [160]
- Replevin, action of, [165]
- Representation, as distinguished from warranty, [260]
- future contract to sell and present sale, [227];
- based on mutual assent, [227];
- executory, [227];
- executed, [227];
- based on mutual assent, [227];
- may be conditional, [227];
- regulation of capacity to buy and sell, [228];
- contracts of a minor, [228];
- Sales Act and Statute of Frauds, [229];
- limit of enforcement of sale, [229];
- an undivided share, [229];
- specific goods, [230];
- fixing of price in a, [230];
- determination of reasonable price, [231];
- and warranties, [231];
- satisfaction of buyer necessary, [231];
- implied warranty in a, [232], [233];
- transfer of ownership in a, [233];
- delivery and acceptance in a, [234];
- delivery of goods or documents on payment, [234];
- speculative stock, [235];
- of goods, wares, and merchandise in Statute of Frauds, [242];
- various modes of completing, [243];
- of land, form for agreement for, [297];
- Bill of, form for, [281];
- form for notice of, under mortgage, [291]
- Retraction, of slander and libel, [255]
- and undivided share of goods, [229];
- and Statute of Frauds, [229];
- and specific goods, [230];
- fixing of price in, [230];
- determination of reasonable price, [231];
- satisfaction of buyer necessary, [231];
- warranty and implied warranty, [232], [233];
- delivery and acceptance, [234];
- delivery of goods or documents on payment, [234]
- Revocation of wills, [266]
- effect of, in a receipt for payment, [214]
- Right of way, [214];
- Riparian owner, rights of, [112]
- Roads, public, [19]
- Safe Deposit Company, as bailee, [29]
- Sale, [227];
- See Corporation
- Sales Act, [17], [228];
- of stock, form for agreement to sell, [302]
- Seal, use of, [106];
- Seamen, of vessels, laws pertaining to, [241]
- Separation, between husband and wife, [143], [144]
- Servants, domestic and Compensation Acts, [269]
- Service, contract of, [267]
- Shareholder, rights of, [101].
- Shares, land rented on, [161];
- Shipping, [235]. See Vessels
- pertaining to lost property, [26], [27];
- to beneficial associations, [39];
- to pawn-brokers, [47];
- limiting amount carrier must pay for lost life, [50];
- regarding mail carrying by private express, [52];
- pertaining to chattel mortgages, [55], [56];
- imposing higher inheritance tax for non-resident aliens, [63];
- allowing individual to form corporations with legislative aid, [73];
- pertaining to married women's subscriptions to stock, [75];
- provisions for corporations, [80], [81], [83], [99];
- controlling bank directors, [92];
- fixing liability of parties, [105];
- requiring two witnesses to deed, [107];
- modifying dower rights, [116];
- giving insurer right to cancel fire insurance policy, [127];
- providing for total loss, [131];
- exempting innkeepers from loss by fire, [148];
- changing responsibility of innkeeper, [149];
- in New York relative to termination of leases, [154]
- Shipping Broker, [45]
- Slander, liability of corporation, [11], [12], [99];
- who can subscribe to, [75];
- fictitious subscriptions, [75];
- certificates, [76], [86];
- capital increased, [76];
- preferred, [76];
- subscription to, a contract, [77];
- corporation cannot purchase own, [78];
- corporation has no lien on its, [78];
- national banking law, [78];
- assessments on, [79];
- majority shall rule may be modified, [80];
- purchaser of, should give notice to company, [82];
- sale of, [83];
- trustee legal owner, [84];
- executor can vote, of testator, [84], [85];
- administer can vote, [85];
- owned by partnership represented by partner, [85];
- seller and purchaser, [85];
- pledgor and pledgee, [85], [86];
- transferee, [85];
- dividends, [94];
- owners of, can examine books, [101];
- equity compels delivery of stock, [119], [120];
- owner of, in corporation has insurable interest in goods, [126];
- speculative sales of, [235];
- form for power of attorney to transfer, [300];
- certificate, form for, [301];
- form for agreement to sell, [302];
- form for transfer of, [303].
- See Corporation
- Sleeping car, [51]
- Snow, liability for, on pavement, [162]
- Spring of water, restrictions of owner, [217]
- Statute of Frauds, and auctioneer, [17];
- Statutes, [1], [2];
- Statutes of Limitation, claim barred by, and bankruptcy, [35];
- Stock, [75];
- on homestead, [137]
- Stolen property, resale of, [261]
- not a common carrier, [246];
- must serve all who apply and offer to pay, [246];
- cannot discriminate against another telegraph company, [246];
- strike sufficient excuse for delay, [246];
- can be penalized for delay in interstate business, [246];
- prohibited by statute from limiting their own liability, [246];
- may be prohibited from transmitting racetrack news, [247];
- must transmit all messages except those containing indecent language, [247];
- may close at reasonable hours, [247];
- may require sender to designate route of message, [247];
- messages should not be made public, [247];
- rules for within the state business differ from the rules for interstate business, [247];
- repeated and unrepeated messages, [248]
- Strike, excuses telegraph company for delay, [246]
- Sub-agent, [10], [15]
- See Lease
- Sublease, [157]
- Subscription to build a church, form for, [299]
- Subtenant, [157]
- requirements of, [264]
- Taxes, of beneficial associations, [41];
- Telegraph, [246], [248];
- Telephone, [246]-248;
- definition, and examples, [248];
- false imprisonment, [249];
- malicious prosecution, [249];
- assault and battery, [250];
- defamation of reputation and character, slander, [250], [251];
- must be brought to the knowledge of a third person, [251];
- libel, vituperation, and abuse, [251];
- distinctions between libel and slander, [252];
- a corporation may be slandered, [253];
- defenses in actions for slander or libel, [253];
- apologies or retractions, [255];
- private nuisances, [255];
- motives not material, [255];
- acts of discomfort amounting to nuisances, [256];
- temporary annoyances, [256];
- distinction between acts that annoy, and acts that injure, [257];
- liability of land owner, [257];
- trespassing cattle, [257];
- vicious animals, [258];
- starter of a fire, [258];
- keeper of explosives, [258];
- liability of a manufacturer, [258];
- users of other persons' property, [259];
- liability for acts of children, [260]
- Tenant, favored by law in regard to fixtures, [132].
- Term of lease, defined, [153]
- Terms, explanation of, [1]
- Testator, must possess sound mind, [262], [263], [264];
- Title to bed of lakes, [112];
- Tort, action in, [166]
- Torts (or wrongs), [248]-260;
- Trades-unions, [38]
- Transfer of shares of stock, form for, [303]
- Tree, divisional, law relating to, [113]
- Trenchard, Justice, quoted, [112], [113]
- Trespass, action of, [165]
- can be registered only by citizens of United States, [235];
- sale to a foreigner, [236];
- enrollment of, [236];
- license of, [236];
- title to, how acquired, [236];
- when owned by corporations, [236];
- owners or tenants in common of, [236]:
- limitations of authority of owners in common of, [236];
- majority and minority of owners in common of, [237];
- liability of purchaser of, [238];
- mortgaging of, [238];
- rights of mortgagor of, [238];
- borrowing money on, [239];
- appointment of masters of, [239];
- duties, and successors of, [240];
- authority of, [240];
- seamen, laws pertaining to, [241], [242]
- Trespasser, [152]
- Trustee, appointment of, in bankruptcy, [36];
- Undivided share of goods, and Sales Act, [229]
- form for release from guardian, [314]
- United States, common carrier for mails, [52];
- and Sales Act, [231], [232], [233], [260];
- distinction between and representation, [260];
- statement made simply to awaken a buyer's interest not a, [260];
- implied in all cases where vendor is an expert, [261];
- in sale of food, [261];
- of the seller's title, when in possession of the goods, [261];
- when goods are sold by sample, [261];
- form for deed of, [282], [283].
- See Deceit, Sale
- Usage, affects agent's power, [8];
- See Prescriptive Rights
- Vendor, when can sell goods, [7];
- rights in marriage.
- See Husband and Wife
- Vessels, must be registered, [235];
- definition, [262];
- requirements for testator, [262];
- witnesses of, [262];
- real and personal property in, definitions of, [263];
- should be in writing, [263];
- devisee and legatee in, [263];
- must be in accordance with laws of states, [263];
- grounds on which are attacked, [263];
- made by the insane, [264];
- requirements of, [264];
- when several are made, [264];
- authority of trustee of, [265];
- devise of lands in, [265];
- date on which take effect, [265];
- rights of wife in, [266];
- revocation of, [266];
- forms for, [315], [316], [317]
- Vituperation and abuse, a wrong, [251]
- Voluntary service, recovery for, [219]
- Voting, cumulating, described, [87], [88]
- Ward, death of, terminates lease, [155];
- Warranty, deed of, [104], [105];
- who is compensated under, [267];
- who is not, [267];
- contract of service necessary, [267];
- condition of health of no consequence, [268];
- minors, apprentices, and farm laborers, [268];
- domestic servants, [269];
- casual employees, [270];
- independent contractors, [271];
- Federal employees, [271];
- public officers, [272];
- dependents of workers, [272];
- children of workmen, [273];
- earnings the basis for computation of compensation, [274];
- death of workman, [274];
- total and partial incapacity, [275];
- form for claim of lien by, [279]
- Water, use of stream of, [216].
- Widow, rights of, [136]. See Dower
- Wife, rights of in will, [266];
- Will, mortgagor dies without leaving, [182];
- Williston, quoted, on stock sales, [235]
- Witnesses of wills, number required, [262]
- Woman married, limited power of, [7];
- Work and labor, form for agreement for, [280]
- Workmen's Compensation Acts, injury to chauffeurs, [57], [266];
- Wrongs. See Torts, [248]-260