IMAGE EVALUATION TEST TARGET (MT-S) is, 1.0 !!:"^ I I.I 2.5 2.2 us us 12.0 11.25 i 1.4 1.8 1.6 /] 5^ ■J '^V' ^;j y y^ ^ ^^ i\ \ 'V ^ 6^ CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historiques 1980 Technical Notes / Notes techniques The Institute has attempted to obtain the best original copy available for filming. Physical features of this copy which may alter any of the images in the reproduction are checked below. D D Coloured covers/ Couvertures de couleur Coloured maps/ Cartes g6ographiques en couleur L'Institut a microfilm* le meilleur exemplaire qu'll lul a 6t6 possible de se procurer. Certains dAfauts susceptibles de nuire A la quality de la reproduction sont notis cl-dessous. 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The following diagrams illustrate the method: Les cartes ou les planches trop grandes pour Atre reproduites en un seul clichA sont filmAes A partir de Tangle supArieure gauche, de gauche A droite et de haut en bas. en prenant le nombre d'images nAcessaire. Le diagramme suivant illustre la mAthode : 1 2 3 1 2 3 4 5 6 4i \ i FOUNDATIONS OF SUCCESS AND LAWS OF TRADE; BOOK DEVOTED TO BUSINESS AND ITS SUCCESSFUL PEOSECUTION, EMBRACING EVERY DETAIL FROM THE SMALLEST TO THE GREATEST EACH BEING TRACTICALLY CONSIDERED IN ITS PROPER ORDER, FORMING A PROGRESSIVE BUSINESS GUIDE AND HAND-BOOK OF REFERENCE FOE YOUNG MEN, CLERKS, MERCHANTS, MECH.ANICS, FAR MERS, AND THE HOUSEHOLD. BY ABARRISTER-AT-LAW. /fr LONDON, ONT.: SCHUYLER SMITH & CO., 1877. Sold only by Subscription throuah our Agents. Entered according to Act o? thk Parliament of Canada, in the year one thousand eight hundred and seventy seven, by SCIIUYLEB SMITH, iu the office of the Minibler of Agriculture. f T-ONDON, ONT.: VIVUN, Printer aad Bterbotyper, 808 Clarence Street LIST OF AUTHORITIES. ? Addison on Contracts. Addioon on Wrongs and Their Remedies Archibald's Landlord and Tenant. Amould on Insurance. Blackstone's Com. on Laws of England. Broom's Common Law. Broom's Legal Maxima. Bylos on Bills and Notes. Bayley on Bills. Burge 03 Suretyship. "Barrister," Cabinet Lawyer. Chitty on Contracts. Coate on Mortgages. Crabb or. Conveyancing. Collyer on Partnership. Comyn's Landlord and Tenant. Dart on Vendor and Purchaser. Dijcon on Partnership. Fisher on Mortgages. Fry on Specific Performance, Gale on ilasements. Greenwood on Conveyancing. Hawkins on Wills. Hilliard on Sales. Jarman on Wills. Leake on Contracts. Lindley on Partnership. Mayne on Damages. Smith on Master and Servant. Smith on Common Law. Smith's Landlord and Tenant. Smitii on Mercantile Law. Stephen's Com. on Laws of EnglajuL Sugd3n on Vendor and Purchaser. Williams on Personal Property. Williams on Real Property. 9 r.: 'V: J PREFi^CE. For "Foundations of Success and Laws of Trade," a preface, to do justice to the work, cannot be written. The character of the work — its immense value to every business man, to every farmer and mechanic, to every young man, and to every family,, makes it a book that no preface can explain, but one that has only to be seen to be appreciated. It is a work that has long been desired by the people — the lack of which has been felt by the young man, the inexperienced merchant, the mechanic, the farmer, and every household; and to them we are willing to leave it, believing that their commendations will make a better pre- face — one more satisfactory and intelligent than we can write or can be written. We refer the reader to the pages of the work, satisfied that its practical utility and solid value will prove a material help to the young man in the progress of business life, and of incalcu- lable value as a work of reference and instruction to all who, hav- ing years of experience, are still not too wise to learn from thQ experience of othei's. ♦ NOTICF This booK will be sold Exclusively by Subscription. It will never be obtainable at the book stores; and there will be but one opportunity to purchase it, which will be when called upon by our agent. It will be the agent's business and pleasure to visit each person in his or her community and solicit their orders. All who avail themselves of this opportunity to purchase it will have the book delivered to them by the agent. Tlie publishers, know- ing the great importance and value of the work, agree that they will refund the price of the book, on its being returned to them in good order by any purchaser who, after examining the same carefully, shall feel or express the opinion that it is anything less than one of the Best Purchases of His Life. This is a Guarantee never before offered by any publisher, to our know- ledge, but which we have no hesitancy in giving in reference to this invaluable work, THE PUBLISHERS. FOUNDATIONS OF SUCCESS & LAWS OF m\DE. SUCCESS IN BUSINESS CHOOSING A BUSINESS. Some people are possessed of the idea that choosing a business is of the utmost importance to the young man, but we think that this notion has been greatly overrated. The most important fe» tures of every business are energy, tact and honesty ; and no matter what business a young fcian may see fit to enter, let it bo that of a mechanic, merchant or farmer, without these three important features, failure is sure to follow: with them, success IB certain to crown his efforts. Of course there are exceptions. Where the occupation is decided by nature, it is the duty of the parents and friends not to thwart, but to assist him. For instance: a young man possessed of extraordinary mechanical ingenuity has no business in a counting-room ; and yet how many can there be found! They make poor merchants; and the wor has lost their skill as mechanics. HONESTY. A thoroughly honest clerk is indeed a treasure to any estab- lishment, and he will very soon gain the confidence of his employ- ers. When that is the case, he is on the road to fortune, and pretty well advanced at that He can not only contiol a large FOUNDATIONS OF SUCCESS amount of capital, but he will also have the confidence of others, who will always have a place for a man they can trust. Dishon- esty never pays, either in a clerk or employer ; and though at times he may be successful, yet in the end it is sure to be fatal. One of the reasons why so many clerks are dishonest is that numbers of employers fail to pay an equivalent for the clerk's time ; this ho is awar< f, and, as a consequence, he occasionally pays himself, entirely lorgetting that he is cultivatir m trait of character that will, sooner or later, result in life-long disgrace and dishonor. ECONOMY. It is easy to make money, but it is much harder to save it. If every young man would save his earnings, instead of spending them foolishly, he would, in a few years, have a sufficient amount to enter into business on his own account. But look at the aver- age young man who is receiving a fair salary ! How does he use his money ? He is ahvay " short " — much more so than one who has a family to support-*-while really he should have money in the bank, and be able, in a few years, to take advantage of some good opening, and enter into some business. Young man, improve your opportunities. Don't spend your money, which, it is to be hoped, you have sarned hardly, in frivolities. Don't putt' it away in smoke. Don't get rid of it by games of chance or gambling, which will certainly result in a business recklessness, sure to end in financial ruin, however the fickle goddess, Fortune, may smile on you for a time. Always get fair value for your dollars when you let them go, even if at times it may be but a " Thank you, sir," for well-timed charity. INDUSTRY. Be sure and recollect an important matter when you engage yourself in an establishment, and that is, that you are expected to work and not play. The eye of your employer is always on you, and though he may not say anything, yet he thi/nks. Let his •. AND LAWS OF TRADE. thouglits be in your favor ; in fact, make them bo, for they will at some future time be your capital. Let not your interest in your employer's business be confined to the hours of business, but also out of business — being ever ready to work, ever ready to advance the interests of the establishment, even if it does re(iuire over-hours. Make yourself useful also by knowing your business, and being able at all times to occupy your fellow-clerk's place in his absence, thereby aiding your employer in his hour of need. It will be noticed, young man, and will be appreciated. It will pay in the end ; and if you are sufficiently wise to understand how to make your future, you will make." industry and faith- fulness " your motto. You will also do well, at the outset of your career, to learn, once and forever, that all honest labor is honorable, and none more honorable than another. False pride in this respect damages a young man in the estimation of any sensible person more than anything else — far more than any labor he may be engaged in. The clerk who is above " carrying a parcel " will always remain a clerk ; but he who is not afraid to do anything that is to be done will be sure to rise, and in time will be in a prosperous business for himself. Do not be ashamed of honest work ! POLITENESS. This is a clieap and servicealjle article ; in facl, it costs Noth- ing. It is 80 cheap that some establishments do not care about allowing it room. Yet the loss of it is felt more keenly than the loss of any other article in the concern. Politeness in an estab- lishment takes the place of an immense portion of the capital ; and the proprietor who understands that portion of the business, and makes it a specialty, is bound to be successful. It must not be a "sham,'' but a true and natural politeness; and the difference between the two kinds is so easily distinguishable, that we need not take time to investigate the methods of recognition. There is as much difference between the two articles as there is between FOUNDATIONS OF SUCCESS, I I ! I ft dandy and a gentlciLan, or between good and counterfeit money, and as easily detected, if not more so. Let every young man determine to control his temper, and, under all circumstances, exhibit a kind and polite bearing. No matter how a man in business may be placed, he should never forget himself, for just at that moment he is sure to be noticed. No matter how trivial inquiries may be made of him, they should be answered to the best of his ability, and in a pleas- ant manner. In fact, it is his opportunity, when there is nothing at stake, to show his good breeding; and it is sure to take, and will bring its reward. Many merchants so far forget themselves as to show their annoyance when a party examines their goods, and goes away without purchasing. They did not wint the goods that were shown them; but if he had what they wanted they would have purchased; hut now he has, by his want of courtesy, lost there custom forever. Politeness, real, genuine politeness, pays well. Make room for it in your establishment. MEMORY. In business, few things help and aid a man more than a good memory. It also is a portion of the capital of the establishment, and every proprietor should possess it. The clerk, feeling that with it he better servas his employer, should, therefore, do every- thing to cultivate such a wonderful accomplishment. Never be compelled to say to a customer, "Your face, sir, is familiar; but I must ask your pardon that I can't recall your name;" for the customer, who might have been made an old customer of the establishment, is treated as a new one, and the door is left open for him *o call at some otlier rival concerr. Suppose, on that man's entrance, the clerk or proprieter had met him at the door, and after shaking hands with the new comer, and addressing him, ask when he l^ii , naming his town, and treating hiro as an old customer, and one whoso trade you wanted. You can show that man goods! He appreciates the compliment of being AND LAWS OF TIUDE. remembered, and feels that you are a man who wants his custom; besides, really, you know him and he knows you. SECRECY. Never boast! If you are doing well in business, that is your own business, and not your rival's. To inform him of the fact will only stimulate him to greater exertion, and in the end injure you. If, on the contrary, your business is dull, do not let the whole neighborhood know it, for it will do you no good. Make an effort to increase your business, but do not let people know it. If you boast of your business, you are usually suspected of sup- porting your credit by words; but he who shows it by actions has better evidence. Human nature hates secrecy and delights in confidence, and the natural instincts of our race are to impart the knowledge we possess to others. This should never be done without first well weighing the possible consequences. The suc- cessful man keeps his own counsel. ^ APPOINTMENTS—MAKING AND KEEPING. Nothing speaks better for a young man, or in fact for any man, be he a merchant or farmer, than promptness in keeping appointments. Never make an appointment that you cannot keep ; and if you do make one, keep it promptly. You have no right to disappoint a man, or, by your act to waste his time. If you make an appointment to meet a man at two o'clock, it is your duty to be there at that hour, and not at fifteen, or even five minutes after the time you agreed. It makes a bad impression, while promptness always leaves a good one. On the other hand, if you are a business man, it does not pay you to advertise your lack of business by being before time — that is, to be on hand fif- teen minutes before the appointed hour. As time is money, or should be, to all pushing, go-ahead men, and yo,u have none to spare, keep appointments "promptly;" neither waste your own time nor that of the party whom you have agreed to meet. 6 FOUNDATIONS OF SUCCESS, KEEP WITHIN YOUE MEANS. No person can thoroughly and truly appreciate the heading of this article so much as he who by bitter experience in not doing so, has tasted the fruits thereof. No man can successfully do a business that requires a capital of thirty thousand dollars on a capital of ten thousand. On this rock has many a business man been wrecked ; and of all the evils of mercantile life, tWs is one of the very worst. To swell his business to vast proportions, to make his house a leading one, is a worthy ambition ; and if the man has the means, perhaps he may be successful in his efforts ; but if he has not the capital, it will be better, far better, to go slowly, surely, and keep within his means. A merchant may have an ambition to make himself prominent in his line of busi- ness, and to this end embark in enterprises, and, through his agents, ransack the country, sclic? ting trade, more or less of wh» ! is unsafe and unprofitable ; and although he may do an immense business, yet the more he does the worse off' will he find himself, he must sell on credit, and consequently he must buy on credit. His trade has grown to such large proportions that he is com- pelled to buy on time ; besides, the greater part of his new trade is with merchants to whom he is, to gain and keep their custom, compelled to give credit. He is now between two fires. And the position is one that any merchant, M^ho has experienced the situa- tion, will very quickly say is one of the heaviest loads that a man can assume. Every day only adds to this load ; and in the end the position becomes unbearable ; so much so, that the merchant loses interest in his business, and does not give it the attention it actually needs. The " bill-book " matter takes his attention ; and the notes which grow in number and size must have his individual care. He is pushed by the parties he owes ; and he must push his customers. His obligations must be met ; and he cannot afford to show any leniency to those who owe him ; and his " pushing " them, perhaps, will be the cause of changing their patronage to another firm. Bills receivable must be thrown into AND LAWS OF TRADE. bank for discount, and with no certainty but that they will have to be protested for non-payment at maturity. Besides paying heavy interest, the bank account will be kept very low. Goods have to be purchased at a disadvantage ; and soon bankniptcy puts an end to his misery. He has gone beyond his means — waded into deep water, and not being able to swim, the result is financial drowning or ruin. " Going beyond your means," and excessive credits, may be put down as the curse of business. Ask any merchant, either whole- .sale or retail, as to the amount of his outstanding accounts, and the answer will startle you ; and you will wonder how they can, with their apparent capital and business, carry such an immense load as long as they do, and meet their notes promptly. But to the merchant who has passed through this experience it is easy of explanation ; and the old story of borrowing, " selling out at cost," etc., is the one. Keep within your means. It will i^ the end pay you the best. And though you may not make as great a " splurge " in the world, yet when your rivals are figuring in the bankruptcy courts, you will be doing a good and safe business , and though they were prominent in their line, you will be sure to be so, and on a much firmer foundation. BUSINESS LOCATION. Every beginner in business should thoroughly consider this subject, as an inferior store in a good location is far preferable to a fine establishment in a poor one. Some men who can command a trade, and who have the means to fight opposition, may act more independently in this respect, and open out in a position which in itself is undesirable ; but to a new beginner, location is an all important matter. To be sure, the store may not come up to his wishes in many respects, and the rent, to all appearances, be high ; but this must not influence him to such a degree as to make him refuse it. The rental between the cheap store and the f FOUNDATIONS OF SUCCESS high-priced one may look formidable, ' when the superior advantages are taken into consideration, there may be nothing alarming in it after all. Location in many cases makes the busi- ness ; and many inferior store-rooms, in a good location, are worth three thousand dollai-s, while a better and more attractive estab- lishment, in a less desirable situation, would not be worth more than three hundred dollars. At first sight, the difference appears great ; but take it day by day, and the difference will be only about eight dollars and sixty-two cents for each business day ! But look at the difference in the thoroughfare ! On the street on which the high-priced store is situated there is continually pass- ing from fifteen to twenty-five persons, while there is one by the other establishment. Here is a value that any business man can see at a glance ; for a merchant who understands his business, can with a little trouble, make his establishment prominent, and secure the patronage of a large number of customers, which, had he been situated elsewhere in the cheaper store, he could not have obtained. If his profits will average 20 per cent., it will only take the additional sales of about forty-three dollars per day to meet the extra expense ; while many days, the extra sales, instead of being only forty -three dollars, may run up to more than a couple of hundred. Besides this, there are other advantages in location which an experienced man can appreciate, and will avail himself of, as far as possible. To be indifferent on this subject, is but to accept a disadvantage which the new beginner ought not to contend with, for he should well consider and investigate all the influences that are to bear upon his business, according to the location he may select. But do not attempt to save money by selecting a poor location, for location is capital, and pays well. APPEARANCES. In this day, " appearances " are, indeed, a part of a merchant's capital. A man who has $20,000 invested in his business can by a judicious display of his goods make his establishment outshine AND LAWS OF TRADE. 9 )ne who has a capital of $40,000 in the same kind of business, ittract more attention, and make a better impression on hi? customers, if the latter fails to exhibit the same taste in display There is much in the appearance of a well-maintained stock thai is enticing to customers ; and if the stock is smaller than hi? Qeighbor's, yet better in appearance, it will command a largei share of attention. Such an idea as this may appear absurd tc iome parties ; but a man who has had a mercantile experience will endorse the remark, that appearances have much to do witt success, especially were the community are to be gratified. Sc important is this matter, that we urge tLe young beginner — anc even the old merchant — to pay more attention to appearances, and to make his stock show to the best advantage. It is no, necessary, nor is it wise, for a merchant to launch out in extravagant style f oi the purpose of making a show. The capital invested in such a waj results in no benefit, and many times works positive harm. There is however, no class of business to which an appropriate, neat and orderly outfit will not be advantageou5i, and pay the owner well or his investment. An uninviting counang-roomrepelsmore desirable patronage in one year than ten times the cost of a pleasant one and the barren and cheerless look will drive a customer awa^ about as quickly as anything else that can be mentioned. To the new beginner this is an important matter. Let his beginnina have the appearance of economy, neatness, order, and businesf comfort. No matter what the business may be — dry goods, groceries fancy goods, or a butcher shop — " appearances " can be made tc supply the place of one half the capital at least, and be the besi paying half to the owner of the establishment, by many odds No business man can afibrd to disregard " appearances," he can Qofc afford to be " slovenly " in his establishment, can not rely 3ntirely upon his stock, but miust look to the tastes of his justomers; and there is no better way to do this than in ' appearances." ^!i 10 FOUNDATIONS OF SUCCESS CAUTION IN BUSINESS— ETL.ES FOR CONDUCTING BUSINESS. Every business man should be cautious, be he farmer or mer- ihant, or be the amount involved large or small. " Think twice before you speak," is an old and good saying ; but in business transactions, to " Think twice before you ac'./' is a motto that overy man should endoi-se, and one that will pay him t ) live up to. One-half the failures are caused by this — not thinking before the act is done ; many merchant's books are loaded with accounts when a little thinking at the right time would have left clean pages. Besides bad accounts, a little thinking would have caused the retention of thousands of dollars in the merchant's pocket by not purchasing what he could very well have done without ; his unsalable stock being the result. A little thinking at the right moTOent would have convinced him that the purchase was a foolish one ; and now that his money is tied up in merchandise that he cannot sell, he sees his mistake, but too late to rectify it. Let your sober second thought always control your actions. A little thinking at the right moment would have forbidden the indorsement of his friend's paper, when it was certain that if com- pelled to pay the same, ruin would ensue. A man may be over- cautious ; but far better thcit way chan to be " over-risky," for in the end it will pay the best. Think before you act ; and let your sober second thought always control your action. This advice is not intended to induce a slowness of decision, for there are men who have cultivated their powers of observation to an extent which enables them almost instantaneously, to grasp mentally, all phases and sides of a question, to discuss the pros, and cons, of a transaction to their own satisfaction in so short a space of time, that it would completely astonish one who had as yet not acquired that amount of cultivation. This ability may be possessed by most people if they but accustom themselves to a rapidity of mental exercise — yet not by all. But just such a power makes the Princes of the mercantile profession AND LAWS OF TRADE. 11 BUYING— CREDIT SYSTEM. This is a matter which every business man should carefully study, and before he embarks heavily in this line he should think well of his action, and count the result. It is in fact a matter that he should think twice over before adopting ; and after he has begun, should hold himself always in bounds, no matter what the inducements may be to loosen the reins, or what profits may appear in prospective, if he will only violate his rule. Of course, it is unnecessary to say that a man must have means if he embarks in business ; and yet there are those who do commence business without capital, encouraged so to do by the offer of credit from parties who, having goods to sell,are willing to take the chances for the safety of their bills in the man's business capacity and good luck. No man should enter into business without sufficient capital ; and the question will naturally arise as to the amount that may be necessary for a given business, and the best manner of using the amount that is in hand. The cash customer, of course, has many advantages ; and when he goes into market, he is offered the best goods and at the lowest prices. He buys for cash, and his trade is not only' worth having, but worth seeking ; and the merchant who has such trade uses every means in his power to keep it. The cash customer is inde- pendent, asks no favors and can buy where he pleases. No man owns his trade. But with the man who buys on credit, the case is different. He deals with those who give him credit, and is their customer ; and the credit takes from him his indepen- dence, his liberty, and compels him oftentimes to accept such goods and such terms as are not his choice. It stands to reason therefore, that a man who is prepared to commence as a cash buyer, and continues as a cash buyer, is better situated to attract patronage than the credit buyer is. But the cash buyer often makes mistakes which embarrass him, and make his many advan- tages come down to the level of the credit buyer ; and one of those mistakes is — over-reaching. He should never invest all his It FOUNDATIONS OF aUCCESS means at one time, but keep back a reserve to meet every situa- tion — sometimes to replenish his stock, and to be ready at all times to pick up bargains, on which he can make a " run " — something with which he will be enabled to draw custom and bring customers. . Credit has ruined many merchants ; and our advice to every young man is, buy for cash, and do not, under any circumstances, be too intimate with that deceptive friend — " Credit." SELLING— CREDIT SYSTEM. There are really but few mercantile houses in this country which do business on the cash system ; and yet it is one of the commonest things to hear merchants denouncing the credit system, and in the plainest language speak in favor of " selling for cash." There is not a merchant in this country whois not in favor of the cash system, and who would not, on the morrow, be much better off if that system was in vogue ; and they all know it. Ask them, however, why it is that they continue to do business on the plan they oppose so strongly, the credit system, and their answer if that it is unavoidable. But in this they go to the extreme ; for in part only are they correct. Any man can do a cash business if he sells for cash prices ; but no man can sell for cash on credit prices. That is one mistake made by parties who try the cash business ; and if they meet with failure, they join with their fel- low-merchants in denouncing the credit system ; but — it can't be helped. The man who sells for cash has no bad bills ; and if he takes that into consideration, and also that he does not have to wait for his money, he can afford to give bargains that will pay customers to come to him ; for where it pays to go, there will be found the purchasing public. There can be no doubt but that credit, and especially long Ci^. it, is in the main disadvantageous, and is the real cause of breaking up many a business house. Probably had the man been compelled to pay cash for his purchases, he would have been more AND I^\WS OF TRADE. 18 sparing in his purchases, and rroro particular as to whom he gave credit. But as long as he can buy without money, so long will he feel irresponsible ; and feeling thus, his business which on a cash basis would pay him well, is allowed to take care of itself, and t' ^ credit system makes him reckless. All men like to do a large business ; and no doubt this is one of the principal reasons which influences them in pushing out their goods on credit. They have not the patience to wait foi cash customers, but launch out and sell where they can : make customers ; do a large business ; meet with losses; get embarrassed and in many cases succumb to the pressure. A man who does business on credit is always in a " stew," or, in other words, he is always in "hot water ;" and as he buys on credit, and sells on credit, sooner or later he becomes a football between a couple ol hundred parties, more or less — those owing him on one side and those he owes on the other. Hours that he should devote to his business must be given up to collections, bank accommoda- tions, and hunting up of bad debts. Besides this, his houra a1 home with his family are darkened by the thoughts of the mor- row ; and the time that he should give up to rest, is broken with his troubles and business cares. The morrow comes ; and then coHxCs the need for bank accommodations, the need of indorsers,and he rushes to this man and that man to help him out ; but the weaving of the web around the man is getting stronger, and soon he must go under. Cash is powerful ! Try it, and you will see that such is the case. Sell for cash, and ycu will have the money to buy for cash ; but if you buy on credit, and sell on credit, you run a risk which a cash-buyer and cash-seller does not, need not. and will not ! BORKOWINO MONEY. Probably one of the worst acts a merchant can be guilty of is that of borrowing money. The facility with which he can go to the bank and get " accommodation" often acts as a stimulant to launching forth into business to an extent beyond hia depth, and ^ 1 I .' I I i ll 11 1 I* > I I < > ! U FOUNDATIONS OP SUCCESS is likely to result in more evil than good. If a merchant is doing a credit business — and by accident finds himself in a tight place, which all will at some time or other experience, when collections are hard — he can of course resort to "discounts," and by that means protect his credit. The necessity is upon him, and he must act, and, under the circumstances, he must do the best he can. But he pays dearly for that accommodation. Interest las been added to his expenses ; and having once taken hold, it does not easily let go. The small amount that is deducted out of the thousand dol- lars for nmety days' use of the same is a sufficient encouragement to try again, even though the necessity is not urgent, and the small amount of charges is no longer a bugbear. But the loan is but for a short duration, and the pay-day soon rolls round ; to his sorrow times have not improved, and the collections and current business receipts are as slo.w as they were when the original loan w^as made. Then comes "renewals;" and, perhaps, just at that time — and many times it occurs — the bank wants to shorten up, a.^d can not accommodate. Here comes in the awakening ; the pleasant dreams disappear as with a flash ; and the man who, if he chose, could be independent, rushes forth on the street to raise money, caring not at what rates, so that he obtains it. Then add up the cost ! The first step should never have been taken. Far better would it have been for a man, when some money-emergency has come upon i)im, that, instead of borrowing, he should make some sacrifice of stock or property, and by that means procure the necessary aid. In this manner, he settles the matter ; and though the immediate loss will be greater, yet, in the end, he will be the gainer. Another important fact in this regard, and one easily proven, is, that successful borrowing is sure to beget carelessness in collections. One is as sure to follow the other as night follows day. It is hardly possible to suppose that a " cash man " borrows ; but one who believes in the credit system, and practices it, and who is thus placed in a position of pressing need by the lack of promptness on the part of his customers to pay. AND LAWS OF TRADE. IS Had his customers met their accounts promptly, so could he, and everything would have run on smoothly. If he had been com- pelled to raise the money from them, ho would have made gi-eat erexortions — in fact, pressed them a little harder ; but it was much easier for him to get bank accommodation, and he availed himself of that plan. Do not borrow, if you can possibly do without it ; for the help will becoue a snare, and in the end you will find more loss than gain. ADVERTISING. One of the most trying of many problems which a business man meets, is that respecting advertising. In what channels, and to what extent is it profitable i advertise ? also, what kind oJ advertisement should he adopt ? It is certainly necessary for a merchant to bring his business prominently before the pul)lic and, as far as possible, to let them know that he has something that it will be to their advantage to call and inspect. But how to do it, is the question. One way is to advertise in the leading papers ; another is that of mailing circulars directly to the indi- viduals whom the merchant desires to reach ; and still another way, by posters and hand-bills. An old advertiser says : "' Ho^ to advertise ' has worried many a man who desired to t^y his foi tune in the newspapers. It is a matter upon which it is not easy to give rules which would apply to all cases. But its features may be considered as they come to the surface, while now and then we are sure to find a style which may at least be marked down as one to be avoided." There are many ways in which to advertise, and certain style.' 3f advertising are doubtless more effective than others. Much rlepends upon the article itself and the class to whom it is to be DflTered. These considerations alone will often decide the style oi in advertisement. Some firms, however, adopt and retain a cer- tain manner of writing an advertisement, no matter of what na- ture the article may be, or the class for which it is intended 16 FOUNDATIONS OF SUCCESS \i 1 :i I Perhaps, of the two styles of wording, the " light " and the " dig- aified," the latter will hold its own for a longer time, while it will certainly appeal to a higher cla^s, though, prehaps, not so large a class of people. In the long nin, and for an article intended to be advertised for a length of time, it is not unlikely that dignity will tell to tlie best advantage. People are more likely to ap- prove it on " tho sober second thought." Almost every advertiser has his theory about the proper sea- son for advertising. Some say that there is no use trying to force trade when it is dull ; others say that trade is good enough at certain seasons, and they only want more tiade in such and juch months, hence they advertise at that time only. Some re- gard must be paid to season, without doubt, and advcrtisemcntf should be so worded as to be seasonable ; but people read the newspapers about as much at one time as another, and if at cer- tain periods an advertisement is not likely to be quite so produc- tive, that faci of its insertion keeps competing advertisements out of the newspaper columns, and consequently gives the whole field to the man who does advertise at that time, t'lus making the dull season in truth a season of plenty. Wo could not re- commend a druggist to advertise " Ice-Cold Soda " in January nor would we suggest " Arctic Overshoes " to be advertised by the retail trade with much energy in June ; but, outside of a few articles which have their season, 't is admitted by the most knowing advertisers that the best time to advertise is all the riME. Advertisin'j tc be of service, must be kept up. Spasmodic advertising will not pay as well, even though the amount ex- pended by the advertiser be the same, as continuous advertising emd a merchant who wants to keep himself before the people., must keep his sign up, or else, when he takes it down, rival mer- chants will take advantage of his lack of enterprise and silence, ind draw attention to themselves by putting up their sign. Some men, at long intervals, ai'e seized with a nervous idea of AND LAWS OF TRADJ?. 17 JX- of advertising, and forthwith will rush to a newspaper ofllce and have inserted a large, overgrown, flashily disjjlayed han(M)ill, old-fashionod in its make up and wording, and of no service to anyone. There is nothing about it to attract attention — nothing to compel a reader to pause and think — and, of course, it makes no great impression. Then there is the other extreme, in which f\ man, all of a sudden, comes to the conclusion that he must wake up the people, and for that purpo.se he sits down and copies" the style of some old advertisement that has seen service for many years — which has done its duty time and time again — and this he sends to the newspaper. lie fails to make any arrange- ment as to position and style of insertion, but leaves it to take its chance, and plac(., the business that he should have given particular attention to, at the mercy of the printer. The result is that the i rinter, having no directions to go by, sets it up solid, in fine type, without any other than an ordinary heading, and it is inserted in the most convenient place in the paper, surround- ed, perhaps, with other advertisements that are of nmch the same appearance. The advertisement, of course, amounts to noth- ing, and will accomplish nothing — but who is to blame ? Then the man will do just exactly what he ought not, for, disappoint- ed, and, perhaps, angry at the printer, seeing no rush of people in response to his enterprising efforts to wake them up, he loses faith in advertising, and does nothing more at it until he again gets the fit on him, when he at once repeats his folly. In newspaper advertising, position is a matter that should always be considered. There are some portions of a newspaper where the a ortisements are almost worthless, while other posi- tions in the same pajjcr are worth all that is asked for them, and that is the part in which you want your advertisement, even if you are compelled to pay extra for the privilege. The advertise- ment should be conspicuous and well displayed, and to obtain this, the type need not be large enough for a poster, nor will you be compelled to occupy a whole page to accomplish your purpose. ■ f! ' H i I 1 : Ml FOUNDATIONS OP SUCCESS But what you say, have it so placed that it will " stand out," and not be obscured or overshadowed by its own wordiness or by your neighbor's advertisement. Leave a blank space above and below your advertisement, so that it will not be crowded ; and though the space that you leave blank will cost you the same as if you had it filled, yet it will make your advertisement more at- tractive, and in that manner pay you for the expense. Another important point is brevity. Condense what you want the public to read in an advertisement until they can not avoid reading it at a glance — for that is what you want — and you should use your skill in placing it as you want it ; also, exert your talents in wording an advertisement, so that, if possible, your style will be different from others. Yet, while you are doing this, do not injure what might be a good effect by some buncombe expression that will turn the readers attention from a good to a ludicrous opinion. With some merchants a nonsensical advertisement has their preference, and such adver- tisements are read, but they carry no influence with them, and, though read, are soon forgotten. An advertisement to be effec- tive, should mean business, and mere " clap-trap " ifl not the thing to make a good and lasting impression. ; " But what papers shall I advertise in ?" will ask the merchant. To this question we will answer: That the class of persons whose trade you wish to obtain must be considered. It v dd be use- less for you to advertise groceries in a dry goods jfrarnal, or vice versa ; but an advertiser should look to the character of the paper and its patrons, and the influence that the paper exerts in the direction you wish to reach. In your advertisement you should always be careful not to overreach the mark ; but what you advertise be careful to substantiate when customers call upon you, and see that the inducements you hoJd out are fulfilled. If you deceive them you get a bad reputation, and all your future advertising will be looked upon by them with suspicion. Be careful what you say, and say nothing but what you mean, AND LAWS OP TRADE. H and customers who come through the publication of the first advertisement, and find all as you represent, will call again should you announce further bargains — for you have won their confidence. There are methods of bringing your establishment prominently before the public other than through newspaper columns, yet equally good in their results. Tastefully gotten up circulars, thoroughly distributed by messenger or mail rarely fail to prove paying investments to the advertiser in a considerable increase of business, providing the same consideration is evinced in their wording as is recommended in the composition of your news- paper advertisements. Following this may be found specimen circulars, illustrating the style of composition, and exhibiting some stylea of printing, and from which may be seen that the prominent subject matter of the circulars is brought out in bolder and larger type , 20 FOUNDATIONS OF SUCCESS JTJST K/ECEI^EID AT THOS. A. BRUCE & GO'S. A Large and varied assortment of READY-MADE CLOTHING FOR MUlf S' should be carefully marked and placed away among valuable papers, and be in a position for reference at any time in the future. Do not destroy receipts, NOTES, TO KNOW WHEN DUE. Every merchant should watch his notes ; every business man should keep a strict record of them. If a notv^ is given, it should not be forgotten, nor should you wait until you receive notice from the bank or holder to prepare yourself to meet it. It is your business, and only yours to attend to this, and under no cir- cumstances should you neglect it. The best plan is to obtain a note-book — one having " stubs " like that of a bank check-book, and use the note-book in the same manner as you would the check-book. On the " stub " make a memorandum of the name of the party to whom the note is made payable, the amount, the date, and the time ; and if made payable at any particular place, so designate it on the " stub." When the note is paid, you can so mark the "stub." By attending to this practice, yon will always be able, at a glance, to see what notes are unpaid, and when ihey are due. This advice is of course applicable to the business house whose notes or drafts are not very numerous. Where a large trade is done, and notes are constantly given for the purchase of goods, and where it is an every-day occurrence to meet a note or draft, a much more convenient record of them may* be kept by using a AND LAWS OF TRADE. 31 a blank-book, specially constructed for the purpose, and designated a " bill-book." It is an admirable way of possessing an opportu- nity of learning, at a glance, the exact amount of your liabilities as covered by running notes and drafts, with the date of payment, Ui whose favor made payable, where payable, time to run, etc., etc. On other side find a page of a bill-book, partially filled out. giving a thorough insight into the method, as described. Specimen acknowledgmf^t for cash received from a customer to be applied on account, as mentioned on page 23. (X'iS /(Pi /-t^U^ 'HU^'CCi€^ 'O^n^ d€ylt£^/'^j^=/i,-tt^ t ^-dd. "^-e^ ^^^^ C^o-^^tyid- 'ZJ^-e^ €>'^'M^l^'Z^e4' T '^^T^-t' ■d^ t^. i I a «4 Dec. Nov. Oct. Sept. Aug. July. June. ^BIA[ April. Mar. Feb. Jan. 4) 4) (4 P FOUNDATIONS OF SUCCESS CO to U5 M CO (N O <0 0^ t- a ^ o '.■'5 O o a .id .■ti .-B .13 O O O c4 «^ 0) M 02 M oj oj cn O if5 00 ID U3 M o CO 1 J h «« a > t>. >> •^flH 4J .t! -(J O O r^ "S o j3 pfl A u .f^ ? ■§ ■g 43 W M £» C3 W OT W l-H 1 P3 4) 'i 1 ■ H 1(5 00 ' 1 iJ Is f— t O ^ \ 1-9 < Ol il I Ll AND LAWS OF TRADE. S3 CARE OF BOOKS, PAPERS, ETC. Every merchant, business man or farmer shoulrl prize his papers, know their value, and place them in such a position and condition that they are always safe and easily found. In case of fire make it your first object to rescue your books and papers from threatened destruction, and put them in as safe a place as you can. In many instances, the observance of such a rule would save thousands of dollars. Dishonest men will take advantage of the fact of the destruction of your papers, and refuse payment of honest debts, when your evidence of their indebtedness is destroyed. In case you have not a fire-proof vault in your ofilce, you should provide yourself with a fire-proof safe by all means ; they are all good, and it will pay you to have one. The next thing is to use the " safe." That is the place for your valuable papers, and there they should be carefully put away; and under no circumstance should you allow anything to prevent your attending to this matter. In your exercising a care of your papers for reference, you should make it your business to ad jpt the best plan for filing them. Our method iias always been to arrange invoices, receipts, letters, etc., in alphabetical order ; for instance, an invoice from Brown, Jones & Co., since it begins with the second letter in the alphabet, should take precedence in your file over Outram, Halliday &; Co., which begins with the fifteenth letter. The papers should be neatly folded to about the size of a sheet of commercial note-paper folded twice, and an endorsation on the trop of the outside fold should be made thus — For a Letter. For an hvi'c. or Bil\ Brown, Jones & Co., Outram, Halliday & Co., January 3, 1877. March 3, 1877. $254. And all other papers according to the tenor of their contents, the intention, of course, being to convoy at a glance an abstract idea E i ) n ai FOUNDATIONS OF SUCCESS. of what the paper contains. After the endorsation has been written upon them, papers should be placed in the pigeon-holes in your desk, or other receptacle you may use for the purpose. FILING BILLS OR INVOICES. To a mercantile house an invoice or bill is an important ma,tter, and great care should be taken to place them in such a manner as to be always accessible. It does not pay a man, in case he desires to refer to a bill, to be compelled to look for hours for the same, or to be obliged to examine a large num- ber for the purpose of finding that particular one. All bills and invoices should be filed away in the order in which they are received, or, what is better still, they should be placed or pasted in alphabetical order, or leaves of book should be paged, in a scrap-book, better known as the Invoice Book. All invoice books are indexed, and by making use of this convenience much trouble and vexation can be avoided. TAKING STOCK. No well-regulated establishment can dispense with the process of taking stock at least once a year; and if it should be repeated every six months, you will not be the loser by it. It tells you how you stand; and you, by this means, can inform yourself whether you are richer or poorer than last year — how your business is prospering ; in fact, it tells you just how you stand. No one can afford to disregard this important matter. In taking stock, the value, and not the cost, should be taken into consideration, and should be so counted, since some classes of goods sufTer a great depreciation in value through shopwear and other reasons, while frequently some goods have been purchased at bargains when the market was low, and in consequence of a rise in values should show to the credit of the establishment in stock-taking. I I AND LAWS OF TRADE. SHIPPING CLERK'S DUTIES. ^ 1 ■m Shipping. — The duties of a shipping clerk, of course, vary, but with all, no matter what business his employer may be engaged in, there are certain details which are common to this depart- ment, and therefore important, and should be so considered. Orders. — In filling all orders for goods, the clerk should be careful to Jill the order, that is, to select the number and kind of goods or articles that a customer sends for. This is of the utmost importance. If a customer sends for an article and you have not the same in stock, it will pay you to go to some trouble to obtain it, as you should take it for granted that he knows what he has ordered, and knows just what he names. In case you are compelled to substitute something else in place of the article ordered, do your best to substitute something as near that which he wants as is possible to obtain, and to that effect politely notify the customer. After laying out the goods, a bill should be made, giving the items, and duly charged in the " plotter," as the book of entry or shipping book is usually called. In some mercantile establishments they take a copy of the bill in an invoice copying-book in order to save time, but this, of course, is a matter for your own judgment. The process of copying by means of a press will be fully explained in the article on cor- respondence, which see. Pack the goods carefully. In this you cannot use too much care. Nothing looks better than a neatly packed box of goods ; it costs little to do this — but it pays. Few things injure a mercantile establishment more than bad packing, and often it is the means of losing the house a cu.stomer. When the goods have been carefully packed, a small charge is ofttimes added for boxes, if any have been used ; also for cartage, if the goods are to be delivered to a railroad depot or steamboat wharf. But for these two charges, be careful that you do not place the sum too high, as customers are jealous of them, and a great many will object to paying the charges, especially if they I : 'I FOUNDATIONS OF SUCCESS have an idea that they are high. The numher of parcels or boxes, and the mode of conveyance, should be written on the invoice. If more than one box is used for packing, they should each be numbered legibly, and, as far as possible, the invoice should be made out in the order in which the goods are packed. If any parcels should be received from other houses, as is often the case, to be enclosed in the package you are shipping, it should be so stated at the bottom of the invoice, or, if preferable, these facts may be given in a letter accompanying it. The invoice is usually sent by mail. This plan should always have the prefer- ence, as you are more certain of the delivery of the same than you would be if it were sent by private hands. If any of the articles that the customer orders are not on hand, and none that you can substitute for the same, so inform him, and, if possible, state the time when the goods will be in stock. The following is a good f FORM OF BILL OF PARCELS Claims forffcductions ttmst be mnrto within | one weeli after receipt of goods ) 398 Clarence St., London, Ont., Oct. Ct\ 1877. Messrs. Roht iViTistom & Co., St. Catharines, Ontario. Bought of SCHUYLER SMITH & CO. BOOKSELLERS AND STATIONERS. Terms, Ca»K 20 25 60 10 M No. 4869 XX BufT Envelopes, No. 5 (<$ 1.7." M No. 42(51 XXX White " No. G CI 2.7." Rnis. Wilder Mills Cammercial Note, 6 lbs @, 1.87 Gross Stevens' Ink m 9.00 •' Mucilage ©lO.OC Coses and Cartage . . . . Five Cases, Noa. 1, 2, 3, 4, 5 ?35 00 09 7.") 93 5f 90 0( 50 0(. 337 25 2 50 8:.37 75 The destination and the route by which the boxes or packages AND LAWS 07 TRADE. 87 )arcels or n on the iy should i invoice packed. is often it should ble, these a voice is le prefer- me than y of the lone that possible, t\ 1877, 5 CO. 337 25 2 50 .3;37 75 ickages are to go, shjuld be plainly marked or written on them, and if the goods are of such a character that the same are liable to be injured by rough usage, the package should be marked " handle with care ;" if liable to be injured by exposure to the weather, mark " keep dry ;" the same to be directly over the direction, thus: BOOKS— KEEP DRY. MESSRS. ROBT. WINSTOM & CO., ST. CATHERINES, ONT. In many wholesale establishments they make a practice of marking packages with the initial letter or letters inclosed in a square or diamond, but this is a bad practice and should not be permitted, as often bales and cases marked in this way are delayed, when, if marked in full, they would have reached their destination in good time. Some customers request shippers to number their boxes consecutively during the year, but this is a matter of choice, and no importance should be attached thereto; but it is not wise for the shipper to refuse the request, if the same can be done. Many houses, and, in fact, all the leading houses now place their card as — From SCHUYLER SMITH & CO., • SUBSCRIPTION BOOK PUBLISHERS, London, Ontario." On the r^ackage by means of a stencil plate, and in this manner not only show who shipped the goods, but also advertise the house. These stencil plates, of all sizes, cost but a few dollars, and can be had in any city. If the package is ordered to be sent as freight by railroad, two t \ H 38 FOUNDATIONS OF SUCCESS. dray tickets should be made out, and also two bills of lading, (Form of a Dray Ticket.) GREAT WESTERN RAILROAD CO. Beceived, London 18 Of at Great Western Railroad Depot, London Station, the following articles, in apparent good order : MARKS. ARTICLES. WEIGHT. and the same handed to the drayman who delivers the goods to the railroad company's depot. At the depot he delivers the goods to the receiving clerk, and to him he hands the dray tickets, one of which the clerk retains, while he signs the other and returns it to the drayman. The drayman then takes the dray ticket and bills of lading to the freight clerk, who, on pre- sentation of the dray ticket signed, then signs his name to the two bills of lading, and the shipment is complete. The shipper retains one of these bills of lading, but sends the other to the party to whom the goods are consigned, it being usually sent in the same letter with the invoice. The following is a correct form for a bill of lading : m AND LAWS OF TRADE. 39 THE GREAT WESTERN RAILWAY COMPANY, OF CANADA. This Company will not be responsible for any Goods mis-sent, unless they are consigned to a Station on their Railway. Eates, Weights, and quantities entered on Receii)t or Shippmg Notes are not binding on the Company, and will not bo acknowledged. All Goods going to or from tho United States will be subject to Customs' Charges, &c. .Date. JS7 RECEIVED from. the undermentioned Property, in apparent good order, addressed to to be sent by the said Company, subject to their tariff and to the terms and conditions stated above, and upon the other side, and agreed to by the shipping note delivered to the Company at the time of giving this receipt therefor. NO. OF PACKAGES AND SPECIES OF (JOODS. MARKS. WEIGHT, LBS. PAID ON. i ■ ■ • .Agent O. W. R. Following this find the conditions upon which the Railway Company receives the goods for transportation. These condi- tions will be found printed on the back of the Bills of Lading. GENERAL NOTICES AND CONDITIONS OF CARRIAGE. It is Agreed, \. That the GREAT WESTERN RAILWAY COMPANY wUl not be responsible for any article or articles conveyed upon their Railway, unless receipted for by a duly authorized Agent, nor unless a declaration or shipping note upon the regular printed form, as provided, be presented to the Agent, setting for<^' e description of the goods and the parties to whom they are to be delivered. 2. Nor will they be responsible for the loss of or damage done to Money in Cash or Bills, or Promissory Notes, Bills of Exchange, Writings, Title Deeds or Securities, Jewelry, Precious Stones, Gold or Silver, manufactured or unmanu- factured, or Plated Articles, Clocks, Watches, Time-Pieces, Marble, in any foiin 1 V. ' . j ii ^ \i (t! 1 iiii 40 FOUNDATIONS OP SUCCESS. or state, Stationery, Lace, Furs, Silks, in a manufactured or unmanufactured state, and whether wrought up with other materials or not. Prints, Paintings, Maps, Engravings, Pictures, or other valuables, nor for any damage done to China, Crockery, Stoneware, Glass, Musical Instruments, Furniture, Wearing Apparel, Toys, Castings, Cast Iron Work, Stoves, Stove Furniture, or to any hazardous or brittle articles in package or otherwise, which shall have been delivered either to be carried for hire or otherwise. 3. Nor will they be responsible for loss of or damage to any packages, or their contents, insufficiently or improperly packed, marked, directed or described, or containing a variety of articles liable to breakage or to damage each other, or other articlesjlby breaking or otherwise; nor from leakage cr loss of liquids arising from ^ny cause whatever ; neither will they be responsible for any deficiency in weight or measure of grain, etc., in bags or in bulk, nor for loss or deticiency in weight, number or measure of Lumber, Staves, Coal, Iron, and the like, carried by the car load, nor for loss of or damage done to goods put into return wrap- pers, or boxes, or packages described as empties, or for any goods left until called for, or to order, warehoused for the convenience of the parties to whom they belong, or by or to whom they are consigned, nor for loss of or damage to cases of Boots and Shoes, or cither, or the contents thereof, or to cases containing mer- chandise or other articles liable to pilferage or fraudulent abstraction, or the con- tents thereof, unless such cases or packages are strapped with iron or wood. 4. Nor will they, under any circumstances, be liable for loss of market or other claims arising from delay or detention of any train, whether at starting or at any of the stations, or in the course of the journey ; nor for damages occas- sioned by delays caused by storms, accidents, overpressure of freight or unavoid- able causes, nor for damages caused by the weather, wet, fire, heat, frost, or delay of perishable articles, or from civil commotion ; and the Company do not under- take to load or send goods upon, or by any particular train if there be an insuffi- cient number of cars at any station, or if the cars cannot be conveniently used for the purpose, or if from any cause cars loaded at a station are unable to be sent on by the trains passing or starting from such station. 5. Nor will they be responsible for loss in the weight of Pig-Iron ; nor for shrinkage of all or any kinds of Sugars, or short weights of the same, unless tb"} damage to the package can be shown to have happened whilst in the possession of the Company, nor for any injury to grain by heating. 6. That Vehicles, (except where tightly boxed). Fresh Fish, Fruit, Meat, Dressed Hogs, Poultry, and other perishable articles, and Oil and Molasses, are carried only at the risk of the owners or parties by or to whom they are con- ngned. 7. Boilers, Cylinders, or Machinery, are only carried by special agreement, and where such are carrietl it is at the owner's risk and not otherwise. 8. Aquafortis, Oil of Vitrei, Gunpowder, Lucifer ^latches, and other goods '■:■■* •iiii I IK MM AND LAWS OF TRADE. 41 of a combustible or dangerous nature, are only carried by special agreement, and in no case will the Company be liable for the loss of or damage to such articles. The nature of such goods must be plainly marked on the outside of the package coutainiug the same, and notice thereof in writing given to the Clerk or other Ber\'ant of the Company with whom the same are left at the time of sending. 9. Live Stock is carried by special contract only, and upon the following conditions of carriage: I. The owner of animals undertakes all risks of loss, injury, damage and other contingencies in loading, unloading, conveyance and otherwise, whether arising from negligence, default or culpable misconduct or otherwise on the part of the Railway Company, its servants, agents or officers. II. The Railway Company do not undertake to forward the animals by any particular train, or at any specified hour; neither will they be responsible for the delivery of the animals within any certain time, or for any particular market. III. When free passes are given to persons in charge of animals, and whether such passes are used in travelling by any regular passenger train, or by any other train whatever, it is on the express condition that the Railway Com- pany are not responsible for any negligence, default, culpable misconduct or otherwise, on the part of the Company or their servants, or of any other person or persons whomsoever, causing or tending to cause the death, injury or deten- tion of such persons, or injury to or loss of their baggage. IV. Live Stock must be fed by the owner while in transit ; the Company may feed them at the owner's expense, but .*re not bound to do so. When sent in quantities of less than one car load. Stock will be charged at per head. 10. That in all cases where not otherwise provided, the delivery of goods will be considered complete, and the responsibilities of the Company shall termi- nate, when the goods are placed in the Company's shed or warehouse (if there be convenience for receiving the same), when they shall have arrived at the place to be reached upon the Railway of this Company. The warehousing of them ^vill be at the owner's risk and expense, and if the Company be unable to store or warehouse goods received by them, it shall be lawful for them to place them in any warehouse that may be available, at the risk and expense of the owner of the property so stored, and the charges for storing, warehousing, and conveyance shall form an additional lien upon said goods. 1 1 . That Lumber, Coals, Bricks aijd all other goods of like bulk and descrip- tion, and goods cirried by the car load, shall be taken as delivered, and the Com- pany's responsibility in respect thereof, shall cease upon the car in which they are carried being detached from the train at the Station on the Company's line to which they are consigned, or at the Station where, in the usual course of busi- ness, they leave the Company's line. 12. That Timber, Lumber, Staves, Lath, Shingles, &c., and Tan-bark, will be conveyed only at the risk of and to be loaded and unloaded by Owner. F T i 42 FOUNDATIONS OF SUCCESS :■:! 13. That all goods, from whomsoever received or to whomsoever belonging, shall bo subject to a general lien, not only for the carriage of those particular goods, but also for any general balance that may be due by the owners of such goods to the said Company ; and if in six weeks after notice shall have been given th.t' such goods are detained for any claim of the Company, and the money due bt! Uv.t paid, the goods will, at the discretion of the Company, be sold by auction or private sale, to defray the Company's claims and all exjtenses incurred thereon ; but Fish, Fruit, Meat, Dressed Hogs, Poultry, and all other perishable articles, be disposed of, at the discretion of the Com])auy, immediately after giving the above notice, and without awaiting the expiration of the above period of six weeks. 14. That all goods addressed to Consignees at points beyond the places at which the Company have stations, and respecting which no direction to the con- trary shall have been received previous to arrival at those stations, will be for- warded to their destination by public carrier or otherwise, as opportunity may oflfer, without any claim for delay against the Company for want of opjiortunity to forward them ; or they may, at the discretion of the Company, be suffered to remain on the Company's premises, or be placed in shed or warehouse (if there be such convenience for receiving the same) pending communication with the Con- signees, at the risk of the owners as to damage thereto from any cause whatso* ever. But the delivery of the goods by the Company will be considered complete, and all responsibility of the said Company shall cease, when such other carriers shall have received notice that said Company is prepared to deliver to them the said goods for further conveyance ; and it is expressly declared and agreed, that the said Great Western Railway Company shall not be responsible for any loss, damage or detention that may occur after the said goods arrive at said stations, or places on their line nearest to the points or places which they are consigned to, or beyond their own railway. 15. That all property contracted for at a through rate, or otherwise, to or from places beyond the line of the Great Western Railway, if shipped by water, shall, while not on the Company's Railway, or in their sheds or warehouses, be entirely at the owner's risk. In case of loss or damage to any goods, for which this Company or connecting lines may be liable, it is agreed that the company or line 80 liable shall have the benefit of any insurance effected by, or for account, of the owner of the said goods, and the Company so liable shall be subrogated in such rights before any demand shall be made on them. 16. That no claim for damage to, loss of, or detention of any goods for which this Company is accountable shall be allowed, unless notice in writing, and the particulars of the claim for said loss, damage or detention are given to the Station Freight Agent at the place of delivery within thirty-six hours after the goods, in respect of which said claim is made, are delivered. AND LAWS OF TRADE. 43 r belonging, le particular lers of such B been given money due by auction •ed thereon ; ble articles, r giving the riod of six he places at to the con- will be for- 'tunity may opportunity ! suffered to ise (if there ith the Con- use whatso* d complete, ler earners them the greed, that )r any loss, id stations, nsigned to, wise, to or iy water, louses, be or which )mpany or r account, ogated in goods for iting, and 'cn to the after the 17. No Agent or other employe of the Company is authorized to take charge of Bank Notes, Money, or other valuable papers. 18. No less charge will be made for any single package or consignment than twenty-Jive cents. 19. Storage will be charged on all freiglit remaining in tho depots more than 48 hours after its arrival. 20. Demurrage at the rate of two dollars per car per day will be charged on all cars not unloaded within 24 hours after arrival, and for this the Comi)aiiy shall have the same lien as for Freight. 21. The charges on all Freight, &c., must be paid before the goods will bo delivered, and this Company do not hold themselves accountable for the correct- ness of any moneys charged as "back charges" on Freight, &c., by other roads, companies or individuals. Hamilton, Januaky 1, 1875. JOHN CKAMPTON, General Freight Agent. Some railroads and steamboats are very careful in regard to their receipts, and will sign none other than those furnished by themselves. Railroads, on application, will furnish the blank bills of lading required, free of charge. If the goods are ordered to go by vessel, two dray tickets should be made out, and sent to the ship with the boxes or packages, one of which shall be retained by the agent receiving the goods, the other by the clerk of the vessel, who, in turn, will give duplicate bills of lading. One of these should be retained by the shipper, and the other sent to the party who ordered the goods. A bill of lading may be indorsed over to another person, who thus obtains a right to claim the goods. It is important that a shipper should send a bill of lading to the customer, as this is proof positive that the goods have been shipped. It is but a very little trouble to do this, and many times will more than pay for it by saving anxiety on the part of the customer, as well as a loss of confidence. Also, in case of delay, it takes the responsibility off the shoulders of the shipper, and he, by having the bill of lading in his possession, knows where to lay the blame. H FOUNDATIONS OP SUCCESS p I EXPRESS SHIPMENTS. In case the goods are to go by express, an entry should be made in the receipt-book of the company which is to forward the same. All the principal companies have books for this pui*pose, which they supply to shippera free of charge, while for lines who do not furnish the receipt-books, a general receipt-book should be used. When the package is taken in charge by the Express Com- pany, the shipper should see to it that the receipt is signed by the party receiving the package, as, in case of loss, this receipt is the only evidence that you have that the same has been sent. The charge of cartage should be omitted, as the Express Com- panies call for the goods. The following is the usual form of an express receipt; 11 AND LAWS OF TRADE. I i o I "fe O kl • (^4 a 2 0' " g ««.Si.!i " -S -a '>' ^lllillli p a « ; 3 ■t* O bo, O rt S '^^ rd O iH -^ is - -a •E a 2 o o s to o S o Si "2 ."Is • ^ lOJ o cs «s O L2 to u g o •fa :S § 13 3 o a n .S2 id ei! d " t El » Q U W > ■ 1 "m ¥. I •! # FOUNDATIONS OF SUCCESS Sometimes a party orders goods to be sent by express, C. 0. T)., which means, cash on delivery, the same to be collected on the delivery of the goods by the company's agent, at the place of destination. In this case a bill of the articles should be made out by the clerk, and the full address of the party given on the bill. All the principal express companies furnish shippers with A envelope, used by them for this purpose. In this envelope you place your bill, and on the outside you write your name and place of business, and the name of the party on whom the C. 0. D. may be. You also place on the envelope the amount of the hill, and in case the party is required to pay the charges for the return of the money, you so direct, by writing under the head of remarks " collect return charges." If you fail to do this, the company will collect the charges from you. In your receipt it is always well to mention the value of the package, and also the amount of C. 0. D, On the package, in lower left-hand corner (on the C. 0. D. packages), mark C. O. D., and the amount. It is not necessary to receipt the bill, as the express company, acting as your agent, will receipt for you, and their receipt is sufficient. • ' When the mone^r accompanies the order, a bill of the articles should be made out and receipted, and sent to the customer. A party receiving money fron?. an express company should be careful and see that the amount is correct before the agent leaves his presence, as the express company is responsible for the full amount called for. If the agent of the company, who collected the bill, make a mistake, or by some means a loss should occur, or a counterfeit bill should be taken, the company is responsible, and the amount should not be received without correction. See " Liability of Express Companies." Express companies offer the following suggestions, which are not only timely, but should be understood by shippers : AND LAWS OF TRADE. 47 Every Firm and Shipper should read the Company's receipts, and be perfectly conversant with all the conditions therein. AMERICAN EXPRESS COMPANY. SPECIAL NOTICE TO PATRONS. The following suggestions are made for the benefit of both yourself and the Company ; and, if strictly followed, will assist both parties in correcting errors and settling disputes : — MONEY PACKAGES AND PAID COLLECTIONS. — Never break the seals or twine of a Money Package, but open it on the end or side, cutting the twine so as not to mutilate the contents, and pre- serving the wrapper, seals, and every piece of paper belonging to the package. In opening a bag of coin cut the string so as to preser^'e the seals. If the amount enclosed, in any case, differ from the amount marked on the wrapper, report the fact at once to the Agent of the Company. If the package should be in bad order detain the delivery- man and count the contents in his presence. As a matter of convenience to transient customers, who are unac- custom.ed to enclosing money for transportation, the Company fur- nishes envelopes, sealing-wax, and seal, for the purpose, but parties in business should furnish these articles themselves, and not ask, nor expect the Company to do so. The charge made by us is for transpor- tation only. JEWELRY PACKAGES.— Should be wrapped in two or more strong covers, well tied and sealed, and value marked thereon. SILKS, SATINS, LACES, RIBBONS, MANUFACTURED FURS, AND OTHER VALUABLE GOODS.— If not boxed, should be very carefully put up, wrapped in two or more wrappers of the strongest paper, sacked, tied with strong twine, sealed with lead or wax, and character, with value of goods, marked thereon. GOODS LIABLE TO DAMAGE BY BEING CRUSHED.— Millinery Goods, Hats and Caps, Medicine, and all other articles easily damaged by being crushed, when to be forwarded more than fifty miles by railroad or water transportation, or any distance by stage, should never be shipped unless in boxes. 48 FOUNDATIONS OF SUCCESS |i 'I DEMIJOHNS, JUGS, JARS AND CANS.— Are required to be put in boxes or kegs, top open, and packed around with sawdust or other material to protect them. If containing Liquor, the corks must be sealed with wax. SEWING MACHINES. — Must be enclosed by frame-work of boards, as otherwise, from their weight, they are liable to damage from jolting of wagons, or roughness of railroads. PACKAGES CONTAINING ORDINARY GOODS.— Weighing from 20 to 100 pounds ar.' frequently put up in poor straw paner and tied with small twine. Better paper and twine should be used, or they should be sacked ; it will save the goods and pay for the extra trouble. HEAVY GOODS. — Agents are often obliged to detain heavy boxes for repairs, .e boxes being of too light material and poorly nailed with too few and too small nails. The attention ol shippers to this subject would save many delays and cases of damage. C. O. D.'S. — Goods, with collections to be made on deliver of the same, must be marked C. O. D., with amount to be collected on upper left hand corner, and if return charges are to be paid by consignee, write plainly on bill or envelope — "collect return charges," other- wise consignormust pay expense of return of same. The Company reserve the right to return the goods sent C. O. D. if refused or uncalled for after expiration of thirty days. MARKS. — When possible, always use brush and ink for marking matter for transportation. Trunks, carpet-bags, and other articles on which brush cannot be used, should always be marked with " parch- ment TAGS." Cards and paper marks of all kinds are valueless and should never be used. The address, if destined to a city, should include the name and number of street, and, if clsewher<;, the county as well as Province or State. VALUATION. — The receipts of this Company require that the value of all shipments offered for carriage shall be declared and made known by the consignor, or ihat he liimself shall enter therein the value of the same. Failing in this the Company, by the conditions of its receipt, will assume that the valuation does not exceed fifty dollars. Attention is further called to the condition of receipts referring to im- AND LAWS OF TRADE. 49 It the pnadc /alue )f its lllars. im- proper packing of articles for transportation. This receipt has been held good by different decisions in the courts, and the Company will act in accordance in all cases where damages occur through careless- ness or negligence of shippers. • RECEIPTS FOR GOODS DELIVERED. In cace a party, after he has made a consignment of goods to a business house, should send an order, requesting that the whole or a portion of the same be delivered to another house, a written receipt should be required by the first consignee from the party to whom the goods have been delivered as per order, and the same should be placed on file. If, instead of taking this course, the party who shipped the goods should give another house an order on the firm to whom he had consigned the goods, the clerk should retain the order when he delivers the goods, as a voucher, since that is the evidence that the order has been fillad. BLOTTER. In every business establishment a blotter is an important book. In keeping it, the date should be written plainly at the top of the page, and if at the end of the day there should not be a sufficient ,number of entries to fill out a page, the date of the succeeding day should be written in the centre of the next line but one following the last entry. The residence of the party af^ainst whom the entries were made should be given, as it saves the book-keeper the trouble of making inquiries when he comes to post the charges in the ledger. If the customer having goods charged resides in the same town or city, the number of his place of residence, or business and name of street should bo recorded. The column in which the footings of charges are extended should be ^dded and carried forward from page to pago until the end of tlie month or week, in order to ascertain the total sales for that period. Where there are a large number of customers, it is usual, and perhaps the best way, to enter their names and addresses in a 111 rit ill ]] '!l». (^ FOUNDATIONS OF SUCCESS e !■ I i !i ' book with an alphabetical index, giving the discount and terms of credit allowed to each. INVOICE. In some establishments the shipping clerk attends to the re- ceipt of merchandise, but in others this duty devolves upon some other employee of the establishment, them denominated a re- ceiving clerk. Invoices being usually received before the arrival of the goods, the party whose duty it is to take charge of the same is expected to see that the goods are promptly delivered by the carriers. The invoice should be checked as soon as the goods are unpacked, and the cost marked in characters upon the goods, using whatever characters are used by the firm in place of figures. Any errors in the invoice should be noted, end immediately re- ported, and the quicker this is done the better. The invoice should be credited to the establishment from which the goods are received, by being entered in the blotter or day book, either in detail or simply the sum total, and the invoices should then be placed on file and arranged according to date as explained on page 33. The best plan to store these important papers, as they are frequently needed for reference, is to use a book now made for the purpose, called the "Invoice Book," which may be indexed, and by that means any particular bill can be found with little trouble. When goods are sold, it is the duty of the merchant, or one of his clerks, to make out a statement of the quantity, kind, and price of each article, for the satisfaction of the purchaser, and to enter at the foot of such statement the whole amount of the pur- chase, with the payment received, if any, or the terms of settle- ment. If the goods are bought to sell again, this statement is commonly called an Invoice ; otherwise it is called a Bill. A bill or invoice is sometimes delivered to the buyer at the time of purchase ; but it is usually sent with the goods, or if the buyer resides at a distance, by mail. •f AND LAWS OF TRADE. 51 An invoice should specify the place and date of sale, the name of buyer and seller, a description of the goods, the price of boxes, etc., used for packing, charges for insurance, and, when payment is not made, the terms of sale. Specimen invoices and bills may be found following, and will give the novice a clear illustratio.-i of the above remarks. Specimen Invoice for small lot of Dry Goods to a country store. ' 384 EICHMOND STREET, London, Jvjze ^^^h, 1&77, Messrs. CIIABLE8 DRAKE & Co., IMPORTERS OF Dress Goods, Millinery and Mantles, Terms: — Six Months. :rl 1 1-4 3-4 1 1 1-12 1 1-4 1-4 1-4 2-12 3-4 2 1 1-2 lb. Mach Linen " Raven Eewing " Scarlet Fhirjering Wool. . only Wool Sliaivl ' ' Ladies Umhrella dozen Thompson's Corsets . . " Linen Handkerchiefs, " Cloth Gloves «< Blue Silk Scarfs.... " Cardinal " gross Fanc)/ Binding " Flexible I'est Buttons. " Rubber " " Metal Pant " piece Hair Cloth " Di-al) Silccia , " Dress Goods " G-4 Tweed "3-4 " *' Brown Melton Packing Box NO. 75175 4255 Yards. 25 64 16 20 15 Price. ? 1 65 10 40 1 00 12 50 1 50 12 00 2 25 2 60 3 70 55 1 .30 40 18 35 55 75 70 1 2 65 60 75 60 00 04 35 38 00 56 43 77 10 55 65 10 00 11 52 18 73 8 80 15 00 10 50 35 2 1 ' $100 33 ii If i!J 52 FOUNDATIONS OF SUCCESS LondoTZ, Ord., Jiiouy Ist, 1&77. Mr. 72. if. STITT, Toronto, 398 CLARENCE STREET. Tetimb:— CASH. 10 5 10 10 25 20 No. 2 Domestic Bibles, American Morocco '* 3 " " " " Gilt. " 4 " " Turkish " " . Foundations of Success, Clo*h " " Leather Leas Agents Discount, 10 per cent . . ., . Received payment. « ^ .$ 95 55 11 16 160 18 180 2 75 68 3 50 70 $628 62 87 $565 75 75 88 SCHUYLER SMITH db Co. Boxes 1, 8, 9, G. W.R. SHIPPING FREIGHT. One of the most important duties of a shipping clerk is to keep himself thoroughly posted with regard to sailing days of steamers of the various lines, names of the different vessels, and the hours for receiving merchandise at the various railroad depots. Ho should also keep informed as to the rates of freight, and which lines offer the most advantages on account of superior despatch and safety in foi'AA'arding goods. This is of more importance than many clerks realize, and too much attention cannot be given to it. Before shipping apply to the principal officers of the railroad and obtain from them shipping directions and the last rates issued, and then make sure that your goods are marked and delivered in accordance therewith. "'JU;' AND LAWS OF TRADE. Mark packages in full — name, destination and route (or freight line). Avoid marking with initials or 'vate marks. If neces- sary to do so, be sure to note full name in shipping receipt and bill of lading to avoid delay in delivery. No package should bear the mark of more than one consignee, and all the old marks on the box should be erased or obliterated. MARK CONTENTS ON PACKAGE. I'reight overcharges frequently occur in consequence of the agents of lines not being informc what the contents of the packages are. Parties shipping freij^iit should bear in mind that there are scales of charges for different classes of goods, ranging higher or lower in comparison with the existing liability to injury or damage from rough handling or accident. It is an easy matter to tell a box of dry goods, but it is a difficult one to decide whether a box contains ordinary hardware (second class), hinges or hooks (third class), nuts, bolts, rivets, etc. (fourth class). The agents shcvld know whisky (third class) from other liquors (second class). Canned goods, boxed (third class), from goods put up in glass, boxed, (first class). Goods are too often shipped as " merchandise," which leaves railroad agents ignorant of contents, and the consequence is that the goods in such cases are charged as first class freight. If books, stationery or harness, boxed (second class), were shipped as " merchandise," of course an overcharge follows. Articles in the drug line, shipped as drugs (first class), may be soda (fourth class), or oil in cans, boxed (second class). It will serve to prevent overcharges if contents are ex- 'pressed in shipping receipts and bills of lading, and marked on the packages. STRAPPING BOXES. All boxes containing heavy goods should be firmly strapped or hooped, as it will greatly contribute toward securing contents from loss or damage, from the breakage of the package by rough handling. . I', 64 FOUNDATIONS OF SUCCESS OVERCHARGES. If by any means your freight has been overcharged, make application at once to the agent, presenting the original bill of lading and freight bill, for a rebate, and your claim will be allowed if yci prove the justice of it. The rates to govern your claim will be in accordance with the published rates and tariff under which the lino was working at the datt- of ship- ment, or with the rate given on bill of lading, unless a special arrangement has been made with the company for lower rates. DAMAGES AND PARTIAL LOSS. If, in shipping, the property is damaged or partially destroyed, you should present your bill for the amount of loss to the agent of the company, who will, by agi'eement or arbitration, assess your damages, and pay you, and a duplicate receipt will be taken therefor. DAMAGES FOR LOSS OF PROPERTY. If during transportation of goods, by some means your property has been lost or destroyed, you should present your claim, accom- panied by a bill of lading, (allowing the company to copy the one in your possession, or, if you deliver that one into their hands, take their receipt for the same), copy of invoice, and affidavit of consignee, stating the quantity and condition of goods, when received, and giving a list of the articles short, too-ether (where packages were delivered m apparent good order) with an affidavit of the shipper, also, as to quantity and con- dition when shipped, and upon sufficient evidence being adduced in support of your claim the company will certainly pay your bill. TRACER. If after shipping goods, they do not arrive at their destination within a reasonable time, the agcni at the point from which the ^oods were shipped should be notified, and directed to have a tracer sent for the missing goods. Should they not be discovered AND LAWS OF TRADE. 55 within thirty days after the tracer has been sent, the shipper ! hould lay claim to their value by presenting his bill, as described under damages for loss of property. BILL OF LADING. Always send a bill of lading to the consignee. This should never be neglected, as a missing case or package can never be traced from the point of delivery unless a proper voucher of their having being shipped be presented. If the goods are consigned to a railroad or freight agent " in transit," send him a bill of lading so that he may feel assured that the whole shipment has been delivered to him. In such a case as this, four bills should be issued, one for the shipper, one for the consignee, one for the purchaser, and one for the freight line, or else three bills (omxt- ting one for the purchaser), and the full number of cases, pack- ages, etc., enumerated on the invoice, with the memorandum to the effect that a bill of lading had been sent to the intermediate or forwarding consignee. Never hesitate to require all the bills of lading you think necessary, as it is the duty of the railway company to furnish them. MARKING PACKAGES. Always mark packages with the name and number of the street. Express agents and drivers are not walking directories of their respective cities, and frequently the time wasted in searching for the residence or place of business of the consignee causes a serious loss to all parties. This is particularly the case in large cities. Always use first-class ink or paint, that will not rub off with either a little friction or wet, in marking packages. Preparations of lampblack and water, or benzine, are about the most foolish and wretched economy that can be indulged in. A visit to any express office, and examination of the kind of ink they use, will easily convince you that it is cheaper to use an ink that will not rub off if a dozen or two paper packages are thrown V'. • 56 FOUNDATIONS OF SUCCESS h ) I- if U u. •, . • I: m : I ' ' ' i: ; ii or drawn over it. It is not uncommon to see in an express office eases of goods directed with lamp-black and water, on which the marking is almost or entirely obliterated, either by rubbing against other packages, exposure to rain, or carelessness on the part of the marker. The best marking-ink is liquid indigo, which can be purchased at almost any grocery store. Always mark the county as well as the Pro ,ince or State on every package. In each Province and many States there is more than one town of the same name, as, for instance, there are seven Centrevilles in Illinois, the same number in Ohio, four in Missouri, nineteen in Pennsylvania, seven in Indiana, and two each in several other States, and the examples might be con- tinued indefinitely. It might be urged that there is but one postoffice of the same name in each Province or State, and that the freight or express line should deliver the freight to the post- office bearing the name to which it is addressed, but it must be borne in mind that the duties of the carrier are completed when the goods are delivered to any place the name of which cor- 1 .sponds with the directions, and at this place the consignee must accept the goods. Of course, as in Canada, we are not troubled to quite the extent that the neighboring State ^ are with towns or cities in duplicate, triplicate, etc., etc. ; the name of the county may at times be omitted, with perfect safety as to cer- tainty of safe delivery of goods shipped. Always mark the name and address of the shipper on every parcel or package. Every business house should have their name and address made in stencil, and on every package they ship the stencil should be used, and the card of the establishment by this means marked on the package or box. Thousands of dollars' worth of property are lost or destroyed yearly, which would be saved if the railway or boat freight line companies knew the address of the shipper. WRAPPING PACKAGES. Always avoid as much as possible using paper for inclosing m llij AND LAWS OF TRADE. • 57 packages, and under no circumstances use paper for packages going as coninion freiglit. It is the most expensive kind of wrapper that can be used, especially for books, cloth, etc. If you must use paper wrappers, do not fail to be careful in your marking, and it would not be out of the way to also tie a properly directed tag on the bundle, for the corner of a case, or a rough board in the floor, will freciuently tear the ordinary direc- tions from the package. Wooden cases are the best and cheapest for use in shipping any kind of dry goods. DRAWBACKS ON FREIGHTS, Every railroad and freight line has its schedule of rates, and all agents of the company are compelled to adhere to them. But in many instances, to large shippers, for the sake of obtaining trade, they agi'ee to allow what is termed " drawbacks," that is, they charge you full rates for the freight, according to their own schedule prices, but at the end of the season, or when you have finished shipping, they will refund you the difierence agreed upon ; for instance, if you ship goods from London, Ont., to Halifax, N. S., and the schedule price is one dollar per hundred pounds, and they agree to carry it and allow you a drawback of twenty cents per hundred pounds, you will pay them the one dollar per hundred pounds, and not eiglity cents, but they will return to you when you demand it twenty cents per hundred upon the gross quantity of freight you may have shipped. SHIPPING FREIGHT C. 0. D. A great many people — in fact we might say all merchants and business men understand how to ship goods by express C. O. D., but few understand how the same goods can be shipped by common freight C. O. D. To ship by express the charges are hi«^-h, esptv^ially when the packages and boxes are heavy, while, if the same were sent by freight, the charges would be compara- tively small. We will suppose the parties ordering the goods are H 68 FOUNDATIONS OF SUCCESS '. 't If- H i I'll strangers, and have not sent the money with the order, we are conse({uently. compelled to ship the goods C. O. D., and, if not by express, then as common freight. The manner of doing this is as follows : Address the boxes to yourself at the town or city in which your customer resides. Suppose your name is John Smith, residence Montreal, and your customer is George Brown, residing in Toronto. You will mark the boxes John Smith, Toronto, and have two bills of lading made out when you ship the same ; you then fill up a draft on George Brown, of Toronto, and on the back of the same you will write : "Freight Agent, Great Western Rail- road, Toronto. On the presentation of this order you will deliver the boxes described in the accompanying bill of lading to George Brown, or order, and to this sign your name." You attach the bill of lading to the draft, and deposit in your bank for collec- tion. In filling up the blank draft, you should take into con- sideration the length of time it takes freight to go from Montreal to Toronto, and if the usual time is ten days, make the draft fifteen days after sight, thus giving plenty of time in case of delay in the transportation of the goods, and, at the same time, giving the pai-ty in Toronto an opportunity of receiving the goods as soon as he has paid th'^ draft. No one but yourself or your order can receive the goods on their arrival. Your order is written on the back of the draft, and to obtain that the party must first pay the amount of the same. In case the railroad company should deliver the goods without the order, they are liable to you for damages, and it is easily perceived, that by adopting the course above indicated, goods can be sent by freight, C. 0. D. with as nmch security as by express, and at much less expense. BOXING AND PACKING. In packing or boxing goods, have an eye to neatness, and at the same time, compactness. Understand your business, and show your customer when he receives and opens the box that '1 AND LAWS OF TRADE. 99 you do so understand it, by the neatness in which he finds every- thing therein. In placing the cover on the box bo care- ful how you nail it, as nothing opens the door to a dispute more quickly than goods damaged by a nail, and there is no accident that calls for more words of caution, to prevent repeti- tions, from an employer. Let the appearance of the box when it leaves your establishment be a good advertisement, and not one that will damage you in the estimation of those who see it. Such things, though small, are noticed, and they have their effect. ORDER BOOK. A merchant should at all times be acquainted with the con- dition of his stock, and under no circumstances should he allow himself to run short of any article, no matter how trifling, with- out knowing the fact. If he does it once he will do it again, and if that is his usual style of business, he has much to learn. Besides the loss of profit that he would have made on the article, he has also disappointed a customer, and, by such disappointment, com- pelled that customer to call at some other- establishment. By the merchant's ow^n neglect he has actually introduced his custo- mer to his rival in business, and the result may be that the customer will like the manner and style of business of the rival better than his own, and will continue to make his purchasers there. Every merchant should have a book expressly for enter- ing goods to be ordered, as it often happens that several days may pass without getting out of anything that must be ordered at the time the discovery is made, and it is convenient to have a book for the purpose of recording the fact ; or the article may be small in size, and in order to save expense for carriage, it is ex- pedient to wait until something else is required from the same house. When an order is made up from ■ this book, the entries should be checked, and the date of the transmission of the order given on the margin of the page. i FOUNDATIONS OF SUCCESS I I 1! 11 11 PENMANSHIP. One of the most desirable accomplishments for a business man, especially one who takes the position of book-keeper or corres- pondent in a mercantile establishment, is the ability to write well. Beautiful penmanship is admired everywhere, and for some positions in life is absolutely essential to the proper fulfill- ment of the duties incumbent upon the occupants of them. It also adds greatly to our happiness from the existing circum- stances that we are able to convey our ideas on subjects of busi- ness, pleasure or duty, in a manner such as to win the admiration and praise of the party to whom it may be indited, and in the case of an application for any business position, the letter written in the best style is the one most certain to command attention. It is also calculated to greatly improve us intellectually, from the fact that in writing we are, if we take pride in the art, increasing our knowledge of correct spelling and composition, as well as the subjects of our epistolary efforts. The most successful and influential in any community are those who possess the ability to correctly, easily and gracefully express their ideas upon paper. CORRECT SPELLING. • The ability to spell correctly should accompany good penman- ship, and of the two a lack of possession of the former is most to be resetted, since nothing so detracts from a beautiful chiroor- raphy as misspelled words. Of course, we scarcely expect one to be thoroughly conversant with the orthography of the over one hundred thousand words which compose the English language, but we may fairly suppose them to possess a knowledge of the few hundred words used by the majority of mankind in their every-day conversations. Those who are deficient in this most necessary accomplishment must seek the aid of an accepted authority in the shape of a dictionary, which should always be handy for immediate reference. The folloAv^ing rules, if com- AND LAWS OF TRADE. niitted to memory, will be found to greatly assist in acquiring an ability to spell correctly : RULES FOR SPELLING. 1. Words of one syllabic ending in F, L or s, preceded by a single vowtl, double the final consonant ; as staff, miiy a single vowel, double the final consonant befo an additional syllable beginning with a vowel; as Ron, robber, permit, permitting ; but X final, being equivalent to Ks, is an excep- tion, and is never doubled. 4. A final consonant, v/hen not preceded by a single vowel, or when the accent is not on the last svllable, should remain sinorle before an adilitional .syllable ; as TOI,-, toiijn(j ; visit, visited. Land s are often dou*'h*d, i;. violation of this rule, when the accent is not on the last syllabl(> ; as travel, traveller ; bias, biassed. It is better to wiite traveler and biased. 5. Primitive words ending in LL reject one L before LE.ss and LV ; as SKILL, SKILLESS ; FL'LL, FULLY : but words ending in any other double letter, presei've it double before these termina- tions ; as FREE, FREELY ; CARELESS, CARELESSNESS ; ODD, ODDLY. 0. The final E of aprimiti\e word is generally omitted before an additional termination beginning with a vowel; as RATE, ratable; F(JRCE, FORCIBLE ; but words ending in CE and GE retain the E htL..^. ABLE and OlTli ; a^ PEACE, PEACEABLE ; outrage, OUTRAGE- OUS, 7. The final E of a primitive word is generally retained before an additional termination beginning with a consonant , as PALE, PALENESS ; but when the E is preceded by a vowel it is some- FOUNDATIONS OF SUCCESS 1; ii times omitted; as true, TRULY, and sometimes retained ; as SHOE, SHOELESS. 8. The final Y of a primitive word when preceded by a con- sonant is changed into i before an additional termination ; as MERRY, MERRILY ; but with a vowel before the Y is not changed, as VALLEY, VALLEYS, and not VALLIES, as frequently written ; and before ing the Y is retained to prevent the doubling of the I ; as PITY, PITYING. 9. Compounds generally retain the orthography of the simple words of which they are composed, as ALL-wiSE, blue-eyed. 10. Words ending in F or fe have V substituted for the F in forming the plurals ; as wife, wives ; KNIFE, knives, etc, except when ending in FF. 11. Some vvords are spelled the same in both the singular and plural ; as deer, sheep, ete., in which instance, by placing A before the word, c le is meant, and by using the, more than one. 12. Some words are spelled differently altogether in the singular and plural ; as mouse, mice ; goose, geese. 13. In spelling words, it is necessary to consider well the differ- ent sounds of each part of the word. Every separate sound in a word must have in it one of the following letters A, E, i, o, u. Take, for instance, contemplate, which consists of three differ- ent sounds, CON-TEM-PLATE ; there are the letters o, E, and A, respectively in each sound or syllable, as it i'' called, and each one gives the sound to its syllable. In dividing such words at the end of a line, you must not let the last letter be any one of the above-mentioned five vowels, but must divide according to the syllable. Another rule to be observed in the spelling of words which have ing added to them, when such words end in E, the E must always be left out, as come, coming; divide, dividing. It is also found difP .It when the letters i and E come together in a word, to know wnich is to be placed first. The following AND LAWS OF TRADE. G3 simple rule will obviate such difficulty : When i and E follow c in a word, the E is invariably placed first ; as receive, deceive, CONCEIVE, etc. In other instances the i comes before the E ; as believe, relieve, etc. CAPITAL LETTERS. People too frequently spoil the effect of fair handwriting by the misuse of capital letters. The rules for their use are so few and so easily remembered that only the most illiterate can be forgiven errors as illustrated below. A man desiring his son's attendance at a particular school wrote the master as follows : — deer sur yeW bein a man of noleg i Wish tu Put Mi son in yure skull." A woman sent her boy to the boot and shoe merchant for a pair of shoes and wrote as follows : — "mister Grean Wunt you let mi Boay hev a Pare ov esy toad shuz.' It would bo well for every business man to commit to memory the following RULES FOR THE USE OF CAPITALS. Begin every paragraph with a capital letter. Begin every sentence following a period with a capital letter. Begin each proper name with a capital letter. Begin the names of places, as London, Toronto, Montreal, with capital letters. Begin the w^ords North, South, East, West, and their com- pounds and abbreviations, as North-east, S. W., with capital letters. Begin the names of the Deity and Heaven, or the pronoun used for the former, as, in His mercy. Thou, Father, etc., with capital letters. Begin all adjectives formed from the names of places or points of the compass, as English, Northern, each with a capital letter. Begin each line of poetry with a capital letter. Begin all quotations with a capital letter. ' Beffin all titles of books, and usually each important word of 64 FOUNDATIONS OF SUCCESS i,' I '!l the title, as Hume's History of England, with capital letters. Begin the name of any historical event, as the French Revo- lution, with capital letters. The pronoun I and the interjection O must invariably be cap- ital lettei-s. Begin names of the month, as June, April, with capital letters. Also the days of the week, as Monday, Tuesday, etc. Begin all addresses, as Dear 8ir, Dear Madam, with capital letters. Capital letters must never be placed in the middle of a word. PUNCTUATION. Every one able to read or write should possess a knowledge of the punctuation marks and rules for their use. The following are the principal characters with their names : — Comma , Semi-Colon ; Colon : Period . Hyphen - Apostrophe ' Exclamation ! Interrogation ? Dash — Quotations " " Parenthesis ( ) Brackets [ ] Caret -^ RULES FOR PUNCTUATION. The Comma is used wherever there occurs a distinct natural division of a sentence ; where the shortest pause in reading is demanded, allowing time to simply count one, or where two or more words are connected, without the connectincr word bein'^f expressed. The Semi-Colon is use where a sentence consists of several members each constituting a distinct proposition, and yet havino- dependence upon each other' TJie Colon is used to divide a sentence into two or more parts, which, although the sense is complete in each, are not wholly independent. Tlie Period is placed at the end of every complete and inde- pendent sentence ; before decimals ; between pounds and shill- ings ; after initial letters, and for abreviations. AND LAWS OF TRADE. DO The Hyphen is employed as a character between two words to show that they are connected together as a compound word. It is also used at the end of a syllable when the remainder of the word follows on the next line. Also in dividing a word to show its pronunciation. The Apostrophe is employed to distii::^ish the possessive case, and the omission of letters in the beginning or middle of a word. The Exclamation Point denotes sudden or violent emotion. The Note of Interrogation is used after eveiy sentence in which a question is asked. It is also used to denote sneeringly the unbelief of the speaker. The Dash is used when the subject breaks off suddenly, and to show the omission of words, letters and figures. Quotation Marks are used by a writer to designate a word or sentence, quoted or copied from another author. Parenthesis and Brackets are employed to enclose words thrown into a sentence by way of explanation, which could be omitted without injury to its construction. The Caret is employed in writing to show where a word, or several words, have been omitted in the sentence and have been placed above the line. BUSINESS CORRESPONDENCE. To every man of business this is a matter that too much importance can not be attached to. The correspondence of all merchants is of value, and to some merchants it is almost their entire business, or, in other words, almost their entire trade is done through correspondence. How important this department of a mercantile establishment is no one can tell except by expe- rience, the more attention that is given to this branch of the business the better it will pay the merchant. In many respects this department is the most difficult and responsible of any, and in order to fill it acceptably in a large establishment it is 11 y I 1 i . 1 r -i 66 FOUNDATIONS OF SUCCESS necessary to be thoroughly posted with ref^ard to the particular business in which the merchant is engaged, as well as to have considerable general knowledge. Of courre, much depends on the capacity of the individual in charge of this position for adapting himself to the peculiar circumstances and needs of the merchant. It is a difficult matter to give anything but a general outline of the duties of a coiTesponding clerk, but the following hints may be of service : Write plainly and avoid flourishes, as it is often as difficult to read writing which is plentifully interspersed with sweeping flourishes as that which is written by a poor penman. Never use a word that does not add some new thought or modify some idea already expressed. Beware of introducing so many subjects into one sentence as to confuse the sense. Long and short sentences should be properly intermixed, in order to give a pleasing sound in reading. There is generally a rounded hanuony in a long sentence, not found in the short, though as a rule, in order to express meaning plainly, it is better to use short sentences. Make choice of such words and phrases as people will readily understand. Briefness, pointedness and politeness, are three niles always to be observed in business correspondence. Letters can not be answered too promptly, and no matter how frivolous a letter may appear to you, it should be answered with as much good grace as if it was one of value. Some merchants seem to consider the waste basket as the only fitting place for the letter that does not contain either a remittanc or an order ; or if they opened a letter consisting chiefly of inquiries, and by some means they learn that the same party has made similar inquiries of other houses, they conclude it unworthy their atten- tion. Again, the correspondent may be one whose spelling, writing, or grammar, may not be of the best style, and the mer- m AND LAWS OF TRADE. m chant, who looks upon this as unwortliy a man of busineas, allows the .letter to go unanswered, and perhaps thereby loses a good customer. A merchant, to be successful, must be attentive to everyone — must put up with annoyances, and expect them, To be an accomplished correspondent, the writer Should under- stand le grammar of the language in which he writes, the gen- eral principles of mercantile law, and the usages of business in the various places where is correspondents reside. He should also be familiar with the wants of his customers, and the details of the business he represents. A letter to a merchant doing an extensive business should be neat, brief, polite, and to the point ; while one to a country mer- chant, or a producer, might be slightly prolix, especially when information is given regarding something with which he is not supposed to be familiar. The parts of a letter are the date, the complimentary address, the body, the complimentary closing, the signature, and the superscription — sometimes the latter is included in the compli- mentary address. The date includes the name of the place in which the letter is written, the year, month, and day of the month ; th-j complimentary address, the word " Sir," " Dear Sir," or " Gentlemen." The body is that part which contains the sub- ject matter of the letter, followed by the complimentary closing, the signature of the writer, and then the superscription, or name and address of the party to whom the letter is written. The date is usually written in the upper right-hand tjomcr. The style of complimentary address to be used, will depend upon the relations existing between the parties. Between entire strangers, the word " Sir " or " Gentlemen " would be proper ; between those more intimate, " Dear Sir," and, when great cor- diality is to be expressed, " My Dear Sir." Of course the effect to be produced upon the party to whom you are writing must be considered, and your OAvn good judgment must decide the most oppropriate terms for both the opening and closing compli- 68 FOUNDATIONS OF SUCCESS mentary address. The body of the letter should commence immediately after the complimentary address, while the compli- mentary closing should be written sufficiently far to the left to admit of the name being written to the right of it on the line below. The style of closing should correspond with that of the complimentary address. "Respectfully" or "Yours respectfully" are used between strangers ; " Yours " or " Very truly yours " implies some degree of intimacy ; " Very sincerely yours," a still closer intimacy, if not real cordiality of feeling. The phrases, " I am your very humble and obedient servant," etc., continue to be used in official correspondence, and by some European corres- pondents, but are almost wholly discarded by business men in Canada. . , Opposite this may be found a ruled specimen of the relative position of the different parts of a letter, and below may be seen the order in which the superscription of an envelope should be written. f: The top line containing the name of the party should be com- menced a little to the right of the edge of the envelope and about half way from the top, and the other lines containing Town and Province should be equi-distant from the top line and each other. • I AND LAWS OF TRADE. 69 Datt. CompUmentarii address. Body of letter. .A t.. Complirmntary ending. Signature. Name. Address. 70 FOUNDATIONS OF SUCCESS When printed headings are used, or if the letter is likely to occupy more than the first page, the date should commence at the top, otherwise the entire letter should be so balanced on the page as to leave the same sized margin at the top and bottom. Letters designed to be copied should have the address on the first page. The prevailing practice is to introduce the address before the complir.iv-iitary address or opening, though, for neat- ness, the lower left-hand corner would be preferable, provided the letter did not occupy more than one page. The corxcspondence of a business house is sometimes conducted by the principal, or a partner, but often devolves upon the book- keeper. When the writing is too continuous, the business devolves upon an assistant, who attends to it exclusively, and is accordingly called the Correspondent. The term correspondent is also applied to any person who conducts business with a house through the medium of the postoffice. MERCANTILE ABBREVIATIONS. 'lb conduct correspondence and make out bills with expedition, a knowledge of the abbreviations peculiar to the business is indis- pensible. The number and variety of terms used in describing goods are so great that they would occupy several volumes. We shall, therefore, not attempt to give other information on the subject than is contained in the following list. Let the learner select the line of business he would engage in, and if, like hard- ware it lias its price-list, procure a copy and study the same. 1 !■' ! ® at, to. - jr./ — a. m. before noon. ■ A. 1. first-class amt. amoimt. 1 9 abs. sta. abstract statement. ans. answer. n a/c, acct. account. Apr. April. fi Acty. Actuary art. article. m 1 j ad valorem, at or on a/c. s. account sales. f aa. V. 1 the value. asstd. assorted. 1 adv. advertisement. a. t. 8. at suit of. f M second class, applied to ships. Atty. Attorney. 1 Aug. August. P Agt. Agent. av. average. avoirdupoiB. 1 agmt. agreement. avoir. AND LAWS OF TRADE. 71 b. b. bbl. B. E. bills pay, bk. bk. b. bkge. bkt. b. 1. blk. bot. b. p. bro. brot. b. 8. bush, bx. C. cash. c. b, C. H. Clk. Co. c. o. c. o. d. Coll. com. con. coust. Cr. cts. cwt. D. D. B. ^ d/d. Dec. Dep. dept. dft. disct. div. do. or ditto. dola. doz. Dr. d/3. dwt. E. E, ea. E. & 0. E. E. I. Eiig. ent. Esq. balance, bill book. bundles. Bill of Exchange, or Bank of England, bills payable, book. bank book, brokerage, breakage, bankrupt, bill of lading, I black, bought, bill of parcels, broad, brother, brought, bill of sale, bushels, box. one hundred, cashier, cash book. Custom House. Clerk. County, Company, cash order, collect on delivery. Collector, commission, contra, consignment, credit, cents. hundredweight, live hundred, day book, days after date. Deceni})er. Dejiositor, department. * ■ 't. Qisoount. dividend. ' the same, dollars, dozen, debtor. days after sight, pennyweight, errors excepted. each. I errors and omissions \ excepted, for example. East Indies. England, English, entered. Esquire, etc, ex, exch. exp. fc. Feb. ««• fir. for, f. o. b. fol. ford. Fr, frt. ft. fur. O. O. B. gall. gent. Oer, G. 0. gro. guar, hdkfs. hhds, hf. bd. H. M. Hon, hund, i. b. ib. or ibid, id i. e, I. 0, U. in. inv, inst, ins, int. in trans invt, invty. introd I., II., III. IV., IX, Jan. J. F. jour. J.F, jr. or jun. kuick. 1. L. lab, L. B. 1/c. etcetera, and-so-forth example, exchange. expenses. foolgoaj). February, figure, firkin, foreign, free on board. folio, forward, French, fragment, freight, feet. furlong, Cuineas. Great Britain, gallon. gentleman. German. general order. gross. Siarantee. andkerchiefs, hogsheads, half bound. Her Majesty. Honorable, hundred. invoice book, in the same place. idem, the same. id est., that is. I owe you. , inch. invoice, instant, this month, insurance, interest. I in transitu, on the ( passage, investment, inventory, introduction, one, two, three, four, nine, January, ^ journal folio, journal. Justice of the Peacci, junior. Knickerbocker. liher, book, fifty, labor. letter book, letter of credit. 72 FOUNDATIONS OF SUCCESS i Ibi. Led. L. P. £. a. d. LX. LXX, M. Mad. manufg. Mar. Marg. m/d. MM. mos. Mr. Mn. m/s. mss. M. D. mdse. Med. Mem. Messrs. Mod. Mon. N. N. B. N. F. No. Nov. N. P. nt. vft. O. A. obt. Oct. orig. oz. pd. per. per an. per cent, phar. P. M. P. &L. P. 0. 0. P.O. pp pph. pr. prox. prem. gs. pkg. pounds, (weight), ledger. qrs. qnarteni. qt. quart. ledger folio. quar. (juarterly. ( pounds, shillings, \ pence. •lues. question. qy. query. sixty. U. take. [seventy. reed. received. one thousand, noon. recvble. receivable. Madam. rend. rendered. niauufacturing. U. II. railroad. March. R. S. Recording Secretary. margin Ry. railway. mouths after date. S. solidiix, a shilling. two thousand. Sat. Saturday. mouths. S. B. sales book. Mister. s. c. small capitals. Miatresa. schr. schooner. months after sight. Sept. September. manuscript. servt. servant. doctor of medicine. shipt. shipment. merchandise. sks. skins. medicine. sps. spools. memorandum. sp. gr. 8i)ecific gravity. gentlemen. sr. or sen. senior. modern. St. Saint. Monday. Stat. statute. note. ster. or stg. sterling. take notice. Sun. Sunday. Newfoundland. sunds. sundries. number. sup. superhne. November. t. tons. Notary Public. Th. or Thur. Thursday. net weight. thd. thread. Oliicial Assignee. tho' though. obedient. Thos. Thomas, October. thro' through. original. t. o. turn over. ounoe. tr. trade or tare. page. tr. transpose. payment. Petty Cash Book. Treas. treasurer. Tues. Tuesday. ^f ult. ultimo, last month. U.K. United Kingdon. per annum, U.S. United States. per cent. v,vi,vn,viii. five, six, seven, eight. pharmacy. Post Master. viz. namely. val. value. profit and loss. Post OfKce Order, V. R. Victoria Regina. vs. versus, against, Post Office. W. •west. pages. warts. ■warrants. pamphlet. Wed. Wednesday. l)air. w'd. •would. proximo, next month. Whf. •wharf. premium. W. I. West Indies, pairs. Post Script. wk. •week. Wm. William. package. wt. weight. m AND LAWS OF TRADE. 78 X. XI, XII. XIII, XIV. XV, XVI. XVII, XVIII. XIX, XX. XXX, XL, XC, ten, eleven, twelve, thirtuon, fourteen, fifteen, sixteen, aeventeeu, eighteen, nineteen, twenty, thirty, forty, ninety. XmM. yds. & SiO. CliriNtmaa. yarila. year, and. ot cetera. COPYING LETTERS. As a general rule, all business con-espondence should be copied, either by hand, or what is better still, by the more rapid process of a copying press and copying book. No mercantile establish- ment, business house, or business man, should be without such a press and book. It should, in fact, be as much a part of his office furniture as his desk, and should be as regularly used. The convenience, and many times the importance of referring to the copies of the letters in the copying book will more than pay the cost of the same. Letters that are to be copied by the use of the press are written with a peculiar ink, called "copying ink," manufactured especially for this pui"pose. A sheet of oiled paper is laid under the leaf of the book on which the letter is to be copied ; water is then applied with a soft camel's hair brush, and the superfluous water absorbed by placing a sheet of blottin-^ paper on the leaf; the blotting paper being removou, the letter is then placed on the damp leaf, the book closed, placed in a small iron press, where it is subjected to pressure for a minute or two, and the copy is complete. In case your letter is of more than one page, it should be written only on one side of the paper, and on separate sheets, and the same process followed out. Such books are iisually provided with an index, in which the name and page can be entered, in order that the copy of the letter may be easily referred to when occasion requires. FOREIGN LETTERS. In all foreign correspondence great care shoitld be observed, and in heading your letter, the name of the Province should be given, so that the reply will be sure to reach its destination. J I ■H i ! ',i I ■ li i! 74 FOUNDATIONS OF SUCCESS in Many houses make it a rule of sending a duplicate of the previous letter with each succeeding oijlJ, while others send a duplicate in the next mail, so that one may be sure to reach its destination. 1. In order to avoid the delay consequent upon the return through the Dead Letter Office of short paid letters addressed to countries to which pre-payment of postage is compulsory, care shouh' be exercised in the weighing and stamping of such letters. In case of doubt, it is safer to pre-pay at the higher rate. Delay may also be avoided by writing the name and address of the sender on the cover or envelope of the correspondence, if it has not already on it a printed address or business v i,rd. 2. Make the address legible and complete, giving the name of the country, as well as the name of the post-office or town. Letters addressed merely to "London," without adding "Eng- land" are freer 'ly sent to London, Canada, and vice versa, thereby causing .elay, and often serioUs loss. The name of the street and number of the house should also be given on letters addressed to cities where letter carriers are employed. While the letter may eventually reach its destination without a num- ber, the omission is often a cause of delay in delivery. 3. See that every letter, newspaper, or other packet sent by mail, is securely folded and fastened. In affixing the postage stamps to the covers of printed matter, see that they do not overlap the covers and adhere in part to the contents, thus, in effect, sealing the package against inspection. Avoid using cheap envelopes, made of thin paper, especially where more than one sheet of paper, or any other article than paper, is enclosed. Being often handled, and subject to pressure in the mail-bags, such envelopes are not unfrequently slit open, g' 'ing apparent cause of complaint against offic ''j who are entirely innocent in the matter. - . A frequent error is to assume that the Post Office Depca-tment AND LAWS OF TRADE. n has any control relative to charges made on letters from abroad. Such charges on unpaid or insufficiently pre-paid letters are made by the foreign offices, and the Post Office D' partment has no alternative but to collect them. In case of manifest error, the Department will, however, make reclamation of the charge from the foreign office and refund the same. Many of the suggestions relative to domestic correspondence apply with equal force to correspondence addressed to foreign countries. SENDING DRAFTS. In remitting funds in a letter the amount should always be stated, as well as the fact of it being in the form of Bills, Post Office Order, Draft or Cheque. If the latter, the name of the bank should be given on which the check or draft has been drawn. OPENING LETTERS. In opening letters containing money, it should be immediately counted and the sum noted on the letter. It should also be ascertained if the amount agrees with that which the writer states has been enclosed. Should there be a discrepancy in the amount the writer ought to be immediately advized in a polite note, and the full difierence explained. Money that is received in letters should be carefully examined, and if, from its appearance, it looks doubtful, it is well to mark it in such a manner .»,& will enable the party to recognize it again if it should become neces- sary to do so. DIRECTING LETTERS. Always write the County as v/ell as the Province or State and Country on letters or packages sent by mail. Always stamp 3'-our letters with the full amount of postage. Lettei i not prepaid are sent to the Dead Letter Office, or ''eturned to the writer ; if not fully prepaid, they are forwarded and the 76 FOUNDATIONS OF SUCCESS ti 'I amount collected on delivery, or, if the writer's address is on them, they are returned. Always write your directions legibly and fully ; it will take but a moment to write Philadelphia, instead of Philad.; Baltimore, instead of Balto.; Cincinnati, instead of Cin.; and inv^ariably put on the name of the Province or State. Always direct your letters with the full street and number of address. Letters addressed to John Jones, Esq., New York City, will probably be delivered to the wrong party ; and even in the case of ^ a more uncommon name, the letter is delayed in its delivery until the post ofiice clerk employed to do such business. can trace the full directions from the "City Directory," and if he does not find the name, the letter goes to the Dead Letter Office, unless rilled for. When .oriting letters always give the city. Province or State, and your own exact post office address. If the envelope that you use has no return request on it, there is a chance that your letter will find its way to the Dead Letter Office, from which it will be returned to you, providing you heed the above caution. Also, write the full address of the party to whom you are writing, not only on the envelope, but upon the letter or enclosure, for if by any mishap the envelope is defaced, the department can then forward the letter to its proper destination without extra delav. Alwayr mark a letter which you know is to be called for at the post office, " Transient, to be called for." MONEY AND VALUABLE LETTERS. The post office department has devised two ways in which money can be sent through the mails : The first and best manner is by what is called the post office, money order system, by which anyone can obtain from a post office \n order on the post office in some other good sized town for any amount up to one hundred dollars. In case you should desire an order for more than one »ND LAWS OP TRADE. Tl fcundred dollars, you will be compelled to oMain Wo or mo,-o money orde,.. These money orders can only be obtained at cer- tain ottces, des,gnated by the post office department a. money order offices, and only at sueh offices can one be made payable . he money orde,. will not be paid except at the office at which > .ey are made payable. They are perfectly secure, and a ™t Older w 11 furnish you blanks upon ,vhich you write your appli- . ...on ,t also contain, rules to be observed at that time. Below hnd the pest office scale of commissions for the different amounts payable at Post Offices in different countries _-he second way of sending valuable letters through the mail ' InX rt o T' f"- ^'" "«'^*^''"°" f^" '^ ''•'* '™ -"<- to Sstate?"^'^ ^"' -^-^°>-lland.a.id five .n^ to the COMMISSIONS. ON ORDEKS PAYABLE IN QUEBEC, ONTARIO, NEW BRUNSWICK, NOVA SCOTIA, PRINCE EDWARD ISLAND AND BRITISH COLUMBIA. On orders up to $ 4.OO g cents Over $4 and up to 10.00 o.V 5 " 10 20 40 80 20.00, 40.00. 60.00 80.00. , .10 .20 .30 .40 100.00 50 „ J^No single order to be granted for more than $100, and no order under $10 to be issued by the same person on the ^ame day, drawn on the same place and in favor o^ the same llyT OIIDEES ON THE UNITED STATES. To be drawn only on the International Exchange Offices at.- , i I i t I [ 1 ! 78 FOUNDATIONS OF SUCCESS Bangor State of ALaine. Boston " Mass. New York City " N. Y. Ogdensburgh , . " N. Y. Buffalo " N. Y. Detroit " Michigan. St. Paul's " Minnesota. Portland " Oregon. On orders up to S20.00 . . . o . r 25 cent. Over S20 and up to 40.00 50 " C^ No single order to be granted for more than $40, but as many of S40 may be given as will make up the sum the Remitter requiES.9. No orders to be granted on credit, and bankable money only to be received for the orders. I ! i! ORDERS ON THE UNITED KINGDOM. For orders up to £2 $ 25 Over £2 and up to 5 00 50 5 " 7 75 7 " 10 1 00 [^° No single order to be granted on the United Kingdom for more than £10, but as many orders of £10 may be issued as will make up the sum required. ORDERS ON NEWFOUNDLAND. For orders up to £5 00 $ 25 Over £5 and up to 10 5C " 10 " 15 75 " 15 " 20 1 00 No single order to be given for mr x than £20, but as I AND LAWS OF TRADE. 79 many orders of £20 may be issued as will make up the sum required. Orders are not to be given on credit or for cheques unless they are marked "good" by the bank drawn upon, and Postmasters are reminded that by the amended Post Office Act, the giving of orders on credit or the aiding or abetting of such issues, is a mis- demeanor punishable with both fine and imprisonment. Only bankable funds are to be received for orders. APPLYING FOR SIT^TATIONS— REPLYING TO ADVER- TISEMENTS. When a vacancy occurs, or is expected to occur, in a business house, the merchant should be careful not to give it publicity, but solicits the aid of a friend, or perhaps his book-keeper, to find a suitable person to fill the position ; and, failing in this, he should advertise, and it is better to do it anonymously. This brings him an avalanche of literature from writers of all grades, ages, and degrees of qualification. It matters little that the advertiser has stated explicitly the age and requirements of the person wanted, many will send in their applications who possess none of those qualifications. If a young man is wanted, a man of fifty will consider himself of that class ; if a man of experience, a boy of seventeen or eighteen w^ill in his own esti- mation, be precisely the man to suit. Th? author of one of these contributions v»dll commence by stating, " that having seen the advertisement, he thought he would apply for the situation," or " looking over the paper," or " through " it, or having inadvertently " stumbled over the advertisement," and being " out of employment," and satisfied that " I am your man," etc. If reference is required, he will state that he " can give the best of references," or perliaps he will give the names of all the public men who ever solicited his vote, if he is old enough to hrve one. Some will bog for the situation; others will demand 80 FOUNDATIONS OF SUCCESS f ?i i U ' it, or intimate that the advertiserean notget out of employing them. The kind of writing materials used is variable and frequently laughable. Some will sacrifice their love of literature for their love of economy, and produce a few inches of paper, and that, perhaps, soiled ; others will use one, two, or even three pages of letter-paper, while a few ambitious ones will use a sheet of fools- cap. Envelopes will generally be used, but as often with the flap wrong as right. Business m^n examine these letters in a very business like yvay, and usually an enabled to form quite a correct estimate of the character and competency of the applicant. The scraps and the foolscap are thrown into the waste basket, or preserved as relics for the family museum. The balance are scrutinized ; mispelled words, errors in grammar, interlineations, and erasures noted, the character and style of the penmanship scanned, the subject mat- ter weighed, the reference considered, and the letters numbered one, two, three, according to possible merit or probable fitness of the applicant. In this way the merchant may find one person out of fifty or one hundred applicants who will fill the situation. When applying for a situation in this way, the writer should remember that the merchant will use his letter as a criterion by which to judge of the applicant's fitness to fill the position. Ac- customed to read character from circumstances, and to decide promptly, merchants prefer to rely on their own judgment, and, therefore, seldom consult the parties offered as reference. All such letters should be written with great care, in the writer's best style, on good plain note or letter-paper, with envelopes to match. Before attempting a reply, however, the writer should satisfy himself that he possesses the necessary qualifications to fill tlie j)osition advertised, and then he should comply as far as possible with the requirements of the advertisement. ADVERTISEMENT. H I, Wanted, — A young man of ability to fill the position of entry-clerk in a dry AND LAWS OF TRADE. 81 AmL '"?. y "'' '" '^'^ ^^"^ ^^P^^-- - tb« business preferred Address with reference, X. L. M., Box 1024, P. 0. P^terred. Toronto, Ont., August 9, 1877. REPLIES. X. L. M. Sir, ^"";»<^«'' °^« an applicant for the position advertised in to-day's Globe Amtwenty-twoyearsof ago, and have been engaged for the past year as sZ' P.ng clerk with Messrs. Schuyler Smith & Co., to .hen. I am permitted LTfer Respectfully, Joe. Desshain-. London, Out., August 9, 1877. X. L. M Sir, X. L. M. Sir, »ave„a„. with t„o .eCnioa, .e™,, .b.„vi..i„„, 1^2^^^^^ the h™,„c,., h.v„,g nearly c„,„,.,ot<,<, a course of instruction at W S' the profcor, of which I ^ at liherty to ^. as partie, of reference ' Respectfully, Jas. TEDFono. St. Catharines, Ont., August 9, 1877 engaged as entry clerk. ' ''^ ^ ^m Respectfully, E. D. Walkeb. CORRESPONDENCE-GENERAL DIRECTIONS of fow'r.':^'"-^^ letter should have the fewest „„,„bor veniont position for opening. ^ ' ^^' "^"'^ ^°^- Indosurea, such as bills^of exchanr^e Hr«ff« r, + should be folded in the letter. ^ ' ^"'''' '' "^^^^^' S I 82 FOUNDATIONS OF SUCCESS I; 1 ' { Stiperscriptlons or addresses should not commence above the centre of the envelope. Letters of introduction should not be sealed, and may have the names of the writer and bearer on the lower left corner of the envelope. Replies to letters should be immediate, acknowledging receipt and date of letter. A reply o jun advertisement should always be written by the applicant, even if a dozen attempts be necessary. A letter requesting a reply on one's own business should be accompanied by a stamp to pre-pay the reply. Flourishing and pencil writing are inadmissible in a business letter. Ahhreviations should be avoided as much as possible. File letters from correspondents, after marking the date of receipt, writing, and reply. Punctuation and the Use of Capitals. — Rules for these may be found on preceding pages. Impertinent and anonymous letters are best treated with silence. Following find a specimen of printed business not'^ h^ads, which are recognized as a valuable medium of advertising one's business : m Please give your Address in each Letter. 398 CLASENCE STREET, ,^^z^ a^^ ^n/.y y iT/ AND LAWS OF TRADK 83 BUSINESS WITH BANKS. '© n 7 Every person doing business would find it to his advantage to keep an account with some bank. 1st. Because his money will be lodged in a place of security. 2nd. He will save time, for when he receives money he can deposit it in bank, and when he pays it out he can draw checks for the amount. 3rd. By depositing small sums 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 endorsers. 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 ohe close of the month ; for they show at once the amount paid ; and his check l)Ook, if correctly kept, shows to whom paid ; or his check may be so written as to show of itself. 7th. A check beinsf drawn paj'able to the order of the party to whom it is given is a receipt from that party for the amount, since his endorsation is of course on the back of the check as an acknowledgement that he received the amount. When a person opens an account with a bank, he receives a small account book called a deposit book ; but he should not depend entirely on this book,J)ut keep an account of his deposits and receipts in his own check"1jook. This deposit book he should send to the bank, not only when he makes a deposit, but also at the close of each month, to be balanced. The depositor should never overdraw his account; but if he expects accommodations, he will find that keeping a reasonable balance in bank will speak volumes in his favor. When he offers a note or bill for discount, the request should be made in -4r 84 FOUNDATIONS OF SUCCESS I writing, and contain the names of promisor and endorsers (with their places of residence), amount due on note, and the time it has to run. This memorandum should be addressed to the man- ager, and is usually left with the discount clerk. When a note is discounted, the interest for the time it has to run, with three days' grace, is taken by the bank in advance. BANK BOOK. As already stated, the bank book is the pass book bf a bank. When a deposit is made, the amount is entered to the credit of the depositor, and, at intervals of a month, or oftener, if the party desires, the book is left with the bank book-keeper, who charges on this book the amounts drawn, balances the account, and returns the checks in his hands taking your receipt therefor. Notes and drafts deposited for collection, and not discounted, are entered in the back part of the book" until collected, when the amount is credited as a deposit. FORM OF BANK BOOK. Dr. Bank of Montreal in acct. with J. H. Vivian, Cr. 1876 Dec. 1 5 9 15 2S 80 1 To Balance *' Deposit •' Umith •> 2 •2 o .3 3 3 3 3 3 4 4 4 4 11 1 1 o o 2 2 2 I 3 3 3 3 3 4 4 4 4 4 12 1 o o 2 2 2 3 3 3 3 3 4 4 4 4 5 5 5 i:? 1 1 2 2 o ."> 2 3 3 3 3 3 4 4 4 4 5 5 5 ."> 14 1 2 o 2 2 '2 3 3 3 4 4 4 4 4 5 5 5 5 6 1.") 1 1 2 2 2 ■2 3 3 3 3 4 4 4 4 5 5 5 5 G 6 6 Hi 1 1 2 2 o 2 3 3 3 3 4 4 4 5 5 5 5 G G 6 6 •JO 1 1 2 2 2 3 3 3 4 4 4 5 5 o G G G 1 7 7 8 8 .30 1 2 2 3 3 4 4 .'■) .') 6 6 / 7 8 8 9 9 10 10 11 11 12 12 40 1 2 3 3 4 5 5 6 ^ 1 7 8 9 9 10 11 11 12 13 13 14 15 15 16 .")0 o 3 3 4 ") 6 7 8 8 9 10 n 12 13 13 14 15 )6 17 18 18 19 20 r.o 2 3 4 5 () 7 8 9 10 11 12 13 14 1 15 IG 17 18 19 20 21 22 23 •24 70 2 4 5 G 7 8 9 11 !•- 13 14 15 1G:18 19 20 21 22 23 •25 •2(i 27 •28 SO ?, 4 5 7 8 9 11 1-2 13 1.5 16 17 19 '20 21 23 24 ■lb 27 28 29 31 32 •JO •7 .s G 8 !) 11 12 14 la 17 18 20 21 23 :4 2() 27 29 30 32 33 35 .36 100 .1 :i ."i t 8 10 12 13 1-) IT 18 -•0 • K> •23 1 •2.-> 27 '28 30 32 vxwr-, 37 .38 <0 Days 25 26 27 28 29 1 2 1 3 2 2 5 3 6 7 8 4 9 5 10 5 11 S 1 3 4 6 2 1 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 3 1 1 1 1 1 2 3 5 G 8 9 11 12 14 15 17 4 o 2 2 2 2 2 4 () 8 10 12 14 IG IS 20 22 5 2 2 2 2 2 3 5 8 10 13 15 18 20 23 25 28 6 3 3 3 3 3 3 6 9 12 15 18 21 24 27 30 33 7 3 3 3 3 3 4 11 14 18 21 25 28 32 35 39 8 3 3 4 4 4 4 8 12 IG 20 24 28 32 3(i 40 44 9 4 4 4 4 4 5 9 14 IS 23 27 32 36 41 45 .W 10 4 4 5 5 5 6 10 15 20 25 30 35 40 45 50 55 11 5 5 5 5 5 6 11 17 22 28 33 39 44 50 55 61 12 5 5 5 G 6 6 12 18 24 30 36 42 48 54 60 66 13 5 G 6 G G rr / 13 20 2G 33 39 46 52 59 65 72 14 G G G 7 7 7 14 21 28 35 42 49 50 63 70 77 15 6 7 7 7 7 8 15 23 30 38 45 53 60 68 75 83 IG 7 7 / 7 8 8 IG 24 32 40 48 56 64 72 80 88 20 8 9 9 9 10 10 20 30 40 50 60 70 80 90 1.00 1.10 30 13 13 14 14 15 15 30 45 CO /o 90 1.05 120 1..35 1.50 1.65 40 17 17 18 19 19 20 40 GO 80 1.00 1.20 1.40 1.60 1.80 •2.00 2.2) 50 21 22 23 23 •24 25 50 75 1.00 1.25 1.50 1.75 2.00 2.25 2.50 2.75 60 25 2G 27 28 29 30 GO 90 1.20 1.50 1.80 2.10 •2.40 2.70 3.00 .3.. 3) 70 29 30 32 33 34 35 70 1.05 1.40 1.75 2.10 2.45 2.80 3.15 3.50 3.85 80 33 35 3G 37 39 40 80 1.20 1.60 •2.00 2.40 2.80 3.20 3.60 4.00 4.40 90 38 39 41 12 44 45 90 1.35 1.80 2.25 2.70 3.15 3. GO 4.05 4.50 4.95 100 42 43 45 47 48 60 1.00 1.50 2.00 2.50 1.00 3.50 4.00 4.50 5.00 5.50 100 FOUNDATIONS OF SUCCESS III! TABLES OF IXTEKEST AT .SE^^:N PER CENT. Cay 3l f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 30 1 40 ! 50 1 60 1 70 1 80 2 00 •) lOOl 2i 10 12 2 2 2 2 .3 o () 8 I) II 12 14 l(> 1 I, 10 11 12 13 11 15 15 17 18 19 20 2122 23 21 <) K 3 3 3 3 4 4 4 5 8 9] 10 12 1 13 14 i 1' l(;|lb 19 120 21 23 23 25 1 1 1 1 2 o 2 2 3 3 3 4 4 4 4 5 8 11 14 I 1 1 ) 27 1 1 2 2 2 3 3 3 4 4 4 4 5 6 9 12 15 18 20 23 16 29 J o 2 2 2 3 •1 • > 3 4 4 4 5 5 6 9*10 12113 n;ii7 19|20 '22 2^ 25, 2G 28130 31 !:« 1 1 1 2 o 3 3 4 4 4 5 5 5 6 7 11 14 18 21 25 28 32 35 1 I 1 2 2 3 3 3 4 4 4 5 5 6 U 7 II 1 1 •) 2 2 3 3 4 4 4 5 5 o (> ti 8 12 15 1(5 18 >2 30 }3 37 12 13 iii'i: 20121 25 2G 1 1 2 2 3 3 4 4 5 5 G 6 7 7 7 9 14 .9 •23 8 33 37 12 47 Cays 25 9 1 1 ^ 2 1 3 1 4 2 5 2 6. 3 7 3 8 4 9 4 10 5 11 5 12 6 13 6 14 7 15 7 1(5 8 20 10 30 15 4'j 19 50 24 GO 29 70 34 80 39 90 44 100 49 26 1 1 2 2 3 3 4 4 5 5 6 (5 7 7 8 8 10 15 20 25 i'J 55 40 2'' 1 1 2 2 3 3 4 4 5 5 (5 (5 7 7 8 8 II IG -'I 2G 32 37 12 17 49 I ji j 53 G 7 7 8 8 9 II la _>2 27 13 W 14 19 51 29 1 1 2 2 3 3 4 5 5 G G 7 7 8 8 9 11 17 -'3 28 31 ,19 15 51 o6 ILI: 1 1 2 o 3 4 4 5 5 6 6 7 8 8 9 9 12 18 23 2:> 35 41 47 53 1 1 58 i 1 2 4 5 G 7 8 9 II 12 13 14 15 IG 18 10 23 35 47 58 70 82 93 .().■) .17 4 5 7 9 11 12 14 k; 18 19 21 23 25 2(5 28 35 53 70 88 ,05 23 40 58 1.75 2 5 7 9 12 14 115 19 21 23 2G 2S 30 33 35 37 47 70 93 1.17 1.40 1.(53 1.87 -MO 3 G 9 12 15 18 20 23 2(5 29 32 35 38 41 44 47 58 8o 1.17 1.4G 1.75 2.04 .'.33 .'.G3 2.92 t 11 14 18 21 25 28 32 35 39 42 4G 49 53 5() 70 .0.'. .40 .7.' It .45 J.St .3.1.- J.M) 8 4 8 12 IG 20 25 29 33 37 41 45 49 53 57 61 65 82 1.23 .63 .'.04 -■.45 .'.8G ..27 :.(5,- l.OS 6 9 14 19 23 28 3 37 42 47 51 5G Gl G5 70 75 93 1.40 1.87 i.33 .'.80 i.27 ;.73 .20 ..67 9 I 10 11 5 11 15 21 2(5 32 3(i 42 47 53 57 63 G8 74 78 84 05 58 10 62 15 68 20 72 25 G 12 18 23 29 35 41 47 f53 58 (54 70 7G 82 88 93 1.17 1.75 2.33 2.92 .150 4.08 I.(i7 ).25 5.83 6 13 19 26 32 39 44 51 57 64 7a 77 83 90 9(5 1.03 1.28 1.93 2.57 3.21 3.85 4.49 f!.l3 5,77 6.42 I !'' AND LAWS OF TPADE. 10! TABLKS OP INTEREST AT EIGHT PER CENT. 2122 2 3 21 ( 3 ] 1 1 1 1 1 1 1 •) 2 2 2 o 2 2 2 3 { 3 3 3 i 3 3 3 1 4 4 4 4 4 4 4 4 5 4 5 5 5 5 n r. 6 i, (i 6 (•) I) C 7 G 7 7 7 7 : 7 8 {) '. 9 I'J 13 1 3 14 1(> 17 1 8 .9 20 21 2 2-J3 25 2li - 7-i8 2!) 30 :i 1 33 33 :m > 1(3 37 37 3!) 1 I 12 4143-J 1^47 10 11 G 6 12 13 18 19 23 26 25) 32 35 39 41 44 47 51 f5:i 57 5S 04 M 70 70 77 70 83 82 90 88 9(i J)3 1.03 1.17 1.28 1.75 1.93 2.33 2.57 .> ()0 •1 Ol 3.50 3. 85 4.08 4.49 4.(17 f:..l3 .5.25 5.77 5.63 6.42 Daysl a 3 i 5 6 7 8 9 10 11 12 13 li 15 16 17 18 19 20'2l'22'23 .1-11 '21 « 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 2 4 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 6 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 6 1 1 1 1 1 1 2 2 2 2 2 2 2 •> n 3 3 3 3 7 1 1 1 1 1 o 2 2 2 2 2 3 3 3 3 3 3 3 4 8 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 9 1 1 1 2 o 2 2 o 3 3 3 3 3 4 4 4 4 4 5 5 10 1 1 1 2 o o o 3 3 3 3 3 4 4 4 4 5 5 5 5 11 1 1 o 2 o 2 3 3 3 3 4 4 4 4 5 5 5 5 6 6 12 1 1 1 2 •> o o 3 3 3 3 4 4 4 5 5 5 5 6 6 6 6 13 1 1 1 2 2 2 3 3 3 4 4 4 5 5 5 5 6 6 6 7 7 14 1 1 1 2 •> 2 3 3 3 4 4 4 5 5 5 6 (> 6 / 7 7 7 15 1 I 1 2 O 2 3 3 3 4 4 4 5 5 6 6 6 7 7 1 8 8 1(> 1 2 o 2 2 3 3 3 4 4 5 5 5 () 6 6 1 t / 8 8 9 20 1 2 2 3 3 3 4 4 5 5 6 6 / 1 7 8 8 9 9 10 10 11 30 1 o 3 3 4 5 5 6 1 7 S 9 9 10 11 11 12 13 13 14 15 15 16 40 2 3 3 4 5 (i 7 8 <) 10 11 11 12 13 14 15 16 ir 18 19 19 20 21 50 2 3 4 5 / 8 9 10 11 !2 13 14 15 17 1>. I9I20I 21 22 23 24 25 27 60 3 4 / 8 'J 11 12 13 i5 16 17 19 20 21 23 24 2:^ 27 28 29 31 32 70 3 o 6 8 9 11 12 14 15 17 19 20 22 23 -5 26! 28 29 31 1 33 34 36 37 80 2 3 5 / 11 i-J 14 k; 18 19 21 23 2:^ 27 _8 30! 52 U 35 37 39 41 43 90 2 4 6 8 10 l-J 11 lU 18 •20 ).) 24 26 28 30 ;.2 :i4 Hi 18|40 42 44 4n 48 100 , 2 1 4 7 9 " l;^ . > 18 20 '2'2 24 27 29 i\ 33 .>5 38 40 42 '44 47,49| 51 53 Days 25 '26 27 128 9 1 1 2 1 3 2 4 2 5 3 6 3 7 4 8 4 9 5 10 5 11 6 12 7 13 7 14 8 15 8 16 9 20 11 30 17 40 •22 60 28 60 33 70 39 80 44 90 50 100 55 11 12 17 23 •29 35 40 46 52 18 •24 30 36 42 48 54 58 60 1 1 2 2 3 4 4 5 (5 6 7 7 8 9 9 10 12 19 25 31 37 43 50 56 62 29 1 1 2 3 3 4 4 5 6 6 7 8 8 9 10 10 13 19 26 32 39 45 51 58 64 1M3 1 1 2 3 3 4 5 5 6 / 7 8 9 9 10 11 13 20 27 33 40 47 53 60 67 2 1 3 4 5 7 8 9 11 12 13 15 16 17 19 20 21 27 40 53 67 80 93 .07 .20 .33 4 6 8 10 12 14 16 18 20 22 24 26 28 SO 32 40 60 80 1.00 1.'20 1.40 1.60 1.80 2.00 3 5 8 10 13 16 19 21 24 27 29 32 35 37 40 43 53 80 1.07 1.33 1.60 1.87 •2.13 2.40 2.67 3 7 10 13 17 20 23 30 33 37 40 43 47 50 53 67 .00 ,33 67 00 33 67 00 33 4 8 12 16 20 24 28 32 36 40 44 45 52 56 60 64 80 20 60 00 40 80 '20 60 00 5 9 14 19 23 28 33 37 42 47 51 56 61 65 70 75 93 .40 ,87 33 80 27 73 •20 67 8 5 10 16 21 27 32 37 43 48 53 59 64 69 75 80 85 07 60 13 67 '20 73 27 8(1 33 5 12 17 24 29 36 41 48 53 60 65 72 77 84 89 96 .20 .80 40 00 60 20 80 10 7 13 20 27 33 40 47 53 60 67 73 80 87 93 1.00 1.07 1.33 2.00 •2.67 3.33 4.00 4.(57 5.33 40|6.00 00 6.67 11 7 15 21 29 36 44 51 59 65 73 80 88 95 1.03 1.09 1.17 1.47 2.20 2.93 3.67 4.40 5.13 5.87 6.60 7.33 >' I i \i\ hi I , I 102 FOU\DATrO>:S OF SUCCESS TABLES OF INTETIEST AT NINE PER CENT. Daysl 2 3 1 5 » . 8 9 10 1112 1 13 li 15 16 17 18 19 20 21 '22 '23 2i 1 ]|iO c 1 2''0 1 1 1 1 1 1 1 1 1 1 1 1 1 3 iO 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 n 2 4 '0 1 1 1 I 1 1 1 1 2 2 2 2 2 o ') 2 »» 2 5 1 1 1 1 1 2 o 2 2 2 2 2 2 2 3 3 3 3 6 1 1 1 2 2 2 2 i> 2 2 3 3 3 3 3 3 3 3 7 1 1 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 8 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 9 1 2 2 2 I) 2 3 3 3 3 4 4 4 4 5 5 5 5 10 2 2 2 2 2 3 3 3 3 4 4 4 5 5 5 5 y ti 3 11 2 o 2 2 3 3 3 3 4 4 4 5 5 G G G 6 12 '0 1 1 2 2 2 2 3 3 3 4 4 4 5 5 5 o G G G t 1 7 13 1 1 ' 2 2 3 3 3 3 4 4 5 y u G- G G / 1 1 7 14 1 1 2 2 2 3 3 3 4 4 5 5 5 G G G 7 7 1 S fc 8 15 1 2 2 2 3 3 3 4 4 5 5 5 G G G 7 7 8 i, 8 9 9 16 1 2 2 2 3 3 4 4 4 5 5 G G G / / 8 8 S •1 9 9 20 1 2 2 3 3 4 5 5 5 G G 7 8 8 8 9 9 10 11 11 11 11 30 1 o 2 3 4 5 5 G }■ 8 9 10 11 11 12 13 14 14 15 IG 17 17 17 40 1 2 ii 4 5 G 7 ■S 9 K 11 12 13 14 ii) lO 17 IS 19 20 21 .)■■• 23 50 1 2 4 5 6 8 9 10 11 ]•. 14 15 IG 17 19 20 21 23 24 25 2G 27 29 29 60 2 3 5 G 8 9 11 12 14 1. .7 IS 20 11 23 24 20 2G 29 30 3- 33 3i 35 70 •2 3 5 7 9 11 12 14 IG 17 19 21 23 24 2G 28 30 32 33 35 37 3b 40 40 80 •^ 4 8 10 i'^ 14 10 IS •JO .).) 24 2G 28 30 32 34 3G 38 40 42 44 ■iG 46 90 2 5 7 9 11 14 K) 18 20 23 25 27 29 32 34 3G 38 41 43 45 47 50 52 52 100 2 5 8 10 12 15 17 20 23 25 27 30 32 .)5 38 lU 42 45 47 50 53 yy 57 57 Days 25 26 1 27 1 28 1 29 1 lllo 1 2 2 3 2 4 3 5 4 6 7 8 6 9 6 10 8 11 $ 1 ' 1 5 5 8 2 1 1 1 1 1 2 3 5 6 8 9 11 12 14 15 17 3 2 2 2 2 2 2 5 / 9 n 14 10 18 20 23 24 4 2 3 3 3 3 3 6 9 12 15 18 21 24 27 30 33 5 3 3 3 3 3 4 8 11 15 19 23 26 30, 33 38 41 6 4 4 4 4 4 5 9 14 18 23 27 32 36 41 45 50 7 4 5 5 5 5 5 11 IG 21 20 32 37 42 47 53 57 8 5 5 5 G G C 12 18 24 30 36 42 48 54 60 66 9 G G 6 6 6 7 14 20 27 34 41 47 54 CO 68 74 10 G 6 7 7 7 8 15 23 30 38 45 53 60 68 75 83 11 7 7 7 8 8 8 17 25 33 41 50 58 66 74 83 90 12 8 8 8 9 9 9 18 27 36 45 64 63 72 81 90 99 13 8 8 9 9 9 10 20 29 39 49 59 68 78 87 98 1.07 14 9 9 9 10 10 11 21 32 42 63 63 74 84 95 1.05 1.16 15 9 10 10 11 11 11 23 34 45 56 6S 79 90 1.01 1.13 1.23 16 10 10 11 11 12 12 24 36 48 60 72 84 90 l.OS 1.20 1.32 20 12 13 14 ;4 14 15 30 45 GO 75 90 1 05 1.20 1.35 1.50 1.65 30 19 •JO 20 21 22 23 45 f8 90 1.13 1.35 1.58 1.80 2.03 •2.25 2.48 40 25 JG 27 28 29 30 GO i/0 1.20 1.50 1.80 ■2. 10 2.40 2.70 3.00 3.30 50 31 :i2 34 35 3li 38 ^ - /y 1.13 1.50 1.88 2 25 2.03 3.00 3.38 3.75 4.13 60 38 39 41 42 44 45 90 1.35 I.SO 2.25 •2.70 3.15 3.60 4.05 4.50 4.95 70 44 15 47 19 51 53 1.05 1.58 2.10 2.63 3.15 .).08 4.20 4.73 5.25 5.78 80 50 52 51 5G 5S 60 1.20 1.80 -'.40 3.00 3.60 4.20 1.80 5.40 6.00 6.60 90 5G 59 til G3 G5 G8 1.35 2.03 i.70 3.38 4.05 4.73 5.40 6.08 0.75 7.43 100 62 G5 G8 70 72 75 1.50 2.25 3.00 3.75 ^.50 5.25 G.OO G.75 7,50 8.25 !l) AND LAWS OF TRADE. 103 TABT-ES OF INTEREST AT TEN PER CENT. '222, Ui ( : 1 ] 1 1 '2 2 2 • ^ 2 3 : ] 3 3 . ! 3 4 ' } 4 4 ■) 5 5 5 5 1) 8 (j \j 6 7 7 7 / 7 7 8 fc 8 8 9 9 > 11 9 9 11 1 1 11 5 17 I 7 17 'I'l -2 :; 23 ■> -i: 1 9 29 : :ui :i 5 35 rib 4 40 2 44 4 (5 46 7 50; )2 52 { 5o|> u 57 10 11 8 8 15 17 i'3 24 30 33 :!s 41 4.') 50 53 57 GO 66 68 74 75 83 S3 90 90 99 98 1.07 05 1.16 13 1.23 20 1.32 50 1.65 25 2.48 00 3.30 75 4.13 50 4.95 25 5.78 X) 6.60 75 7.43 50 8.25 Daysl 2 3 i 5 6 7 8 9 10 11 12 13 11 15 16 17 1 18 1 19 1 20 1 21 1 22 1 23 I 24 $ 1 lO 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 4 1 1 1 1 1 1 1 1 1 2 >> 2 2 2 2 •} •) .) 3 3 5 1 1 1 1 1 1 1 2 2 2 •> •) 2 2 3 3 3 3 3 3 3 6 1 1 1 1 1 1 2 >) »> 2 ^' 2 3 3 3 3 3 3 4 4 4 4 7 1 1 1 1 1 •> .> 2 3 ii 3 3 3 4 4 4 4 4 4 5 8 1 1 1 1 2 2 .) •) 3 3 3 3 4 4 4 4 4 T) 5 5 5 9 1 1 1 2 3 3 3 3 4 4 4 4 5 .) 6 6 6 10 1 1 1 2 2 3 3 3 3 4 4 4 4 r> i> "» G 6 6 6 7 11 1 1 •> .) t> 3 3 3 4 4 4 6 G 6 6 / i 7 12 1 1 2 ') 3 3 3 4 4 4 5 5 5 G 6 6 / / / 8 8 13 1 1 2 2 3 3 3 4 4 4 5 G 6 7 7 / 8 8 8 9 14 1 2 2 2 3 3 4 4 4 5 5 6 6 7 / / 8 8 9 9 9 15 1 2 •> 3 3 3 4 4 5 5 5 6 6 / / 8 8 8 9 9 10 10 16 1 •} •> 3 3 4 4 J 5 5 G / 7 8 8 8 9 9 10 10 11 20 >> .> 3 3 4 4 5 ( 6 7 7 8 8 9 9 10 U 11 12 12 13 13 30 3 3 4 5 6 7 •s > 9 io;ii 12 13 13 14 15 16 17 IS 18 19 20 40 3 4 G / 8 9 10 1 .> 13,14 IG 17 IS 19 20 21 22 23'24 26 27 50 4 6 7 8 10 11 13 1 .") 17 18 19 21 22 24 25 26 28 29|31 23 33 60 5 7 8 10 12 13 1.-) 1 . ■s •JO 22 2.S J.J 27 28 :i0 32 .•J3 35137 38 40 70 6 8 10 12 14 16 18 W 11 23 2.-) 27 29 31 33 35 37 3J 4143 45 47 80 7 9 il Hi 16 IS •JO » A 27 29 ,1 .;.$ 36 38 40 42 44 47 ',49 51 53 90 8 10 13 15 IS 20 23 .> -•8 30 33 (5 38 40 43 45 48 50 53 55 58 60 100 3 6 « 11 11 17 19 .>.i 25 ■)» tl 33 36 .<9 42 44 47 50 53 56 58 61 64|67 Days 25 26 27 23 29 IMj 2 3 i 5 6 7 8 9 10 11 .5 1 1 1 1 1 1 1 2 3 3 4 5 6 7 7 8 8 2 1 1 2 2 3 5 7 8 10 12 13 15 17 18 3 2 2 •> 2 2 3 5 8 10 13 15 18 20 22 25 27 4 .3 .3 3 3 3 3 7 10 13 17 20 23 27 .30 33 37 5 3 4 4 4 4 4 8 13 17 21 25 29 33 37 42 45 6 4 4 5 5 5 5 10 15 20 25 30 35 40 45 50 55 7 5 5 5 5 6 6 i'.: 18 23 29 35 41 47 52 58 63 8 6 6 6 G 6 7 13 20 27 *> 40 47 53 (iO 67 73 9 6 7 / / » 8 15 23 30 ."S 45 53 60 67 75 82 10 7 7 8 8 8 8 17 25 33 42 50 58 67 75 83 92 11 8 8 8 9 9 9 18 28 37 4G ;jo 64 73 82 92 1.00 12 8 9 9 9 10 10 20 30 40 50 60 70 80 90 1.00 1.10 13 9 9 10 10 10 11 22 33 43 54 65 76 87 97 1.08 1.18 14 10 10 11 11 11 12 23 35 47 58 70 82 93 1.05 1.17 1.28 15 10 11 11 12 12 13 25 38 50 (i3 75 88 1.00 1.12 1.25 1.37 16 11 12 12 12 13 13 27 40 53 67 80 93 1.07 1.20 1.33 1.47 20 14 14 15 16 16 17 33 50 67 83 1.00 1.17 1.33 1.50 1.67 1.83 30 21 22 2.3 23 24 25 50 75 1.00 l.2J 1.50 1.75 2.00 2.25 2.. 50 2.75 40 28 2t) 30 31 32 33 67 1.00 1.33 !.67 2.00 2.33 2.67 3.00 3.33 3.67 50 35 36 38 39 40 42 83 1.25 I.G7 2.08 2.50 2.92 3.33 3.75 4.17 4.58 60 42 43 45 47 48 50 1.00 1.50 2.00 2.50 3.00 3.50 t.OO 4..'tO .5.00 5. .50 70 49 51 53 54 oii 58 1.17 1.75 2.:i3 2.92 3.50 4.08 4.67 5.25 5.83 6.42 80 56 58 GO 62 64 67 1.33 2 00 2.67 3.33 4.00 4.67 5.33 6.00 6.67 7.33 90 63 iio 68 70 73 75 1.50 2.25 3.00 3.75 4.50 5.25 GOO 6.75 7.50 8.25 100 69 72 lO 78 81 83 1.07 2.50 3.33 4.17 5,00 5.83 6.67 7.50 ^33 9.17 ___« 'I ! > 104 FOUNDATIONS OF SUCCE.' S AYERAGING PAYMENTS. Table for Banking and K(juaiion, showing the number of days from any date in one month, to the same date in any other montli. Example. — How many days from the 2nd of February to the 2nd of August ? Look for February at the left-h^'iid, and August at the top, in the angle is 181. 1877. Fiom To Jan. Feb. Mar. April May. 120 June. 151 July. Aug. 212 Sept. 243 Oct. 273 Nov. 304 Dec. January. . 3G5 31 59 90 181 334 February . 3.S4 3()5 28 59 89 120 150 181 212 2-^2 273 303 March.. . . 30G 337 3(i5 31 Gl 92 122 153 184 214 245 275 April 275 300 3:;4 3(i5 30 fil 91 122 153 183 214 244 May 245 27G 304 335 305 31 GO 92 122 153 184 214 June 214 245 273 304 334 3G5 31 Gl 92 122 153 183 July 184 215 243 274 304 335 3G5 31 Gl 92 123 153 August . . . 153 184 212 243 273 304 334 3G5 31 Gl 92 122 September 122 153 181 212 242 273 303 334 3Gri 30 Gl 91 October . . 92 123 151 182 212 243 273 304 335 3()5 31 61 November 61 92 120 151 181 212 242 273 304 334 3G5 30 December. 31 G2 90 121 151 182 212 243 274 304 335 3()5 Note. — If leap year, add one day if February be included. Example. — To ascertain the number of days from May 15 to October 15, look opposite May in the column where October is marked, and the number will be found to be 153. Example. — A bill drawn March 29, at 3 months, is due June 21), but adding 3 days' grace, it is not payable till July 2. — Find the number of days by the table. EQUATION OF PAYMENTS. Rule. — Multiply each debt by the time in which it is payable, and divide the sum of the products by the sum of the debts. Bought at 4 montlis' credit. W/ien is the, equated time of paymeni ? Days. " 1877. Amount. March I $50.(0 7 67.00 " 12 32.00 " 19 82.00 Proitucta Multiplied by 6 equal $402.00 " "11 " 352.00 «« " 18 " 1476.00 $231.00 )22.30.00(9day8. 2079.00 2230.00 being divided by 231.00 gives 9 days and 151.00 as the re- mainder, which latter beiuK more than half of 231.00 counts a whole day. i "Y I, AK). LAWS OF TRADE. 105 ^ov. Dec. 304 334 273 303 245 275 214 244 184 214 loH 183 123 153 92 122 01 91 31 61 3()5 30 335 31)5 ay 15 to jtober is ue June >. Find payable, e debts. leni f The column of days represents the number of days after July 1 (4 months after Marcli 1), at which time the several debts become payable. The ciuotient, 9 days (and the remainder), added to July 1 gives July 11 for the equated time. ANOTHER METHOD FOR FINDING THE AVERAGE PAYMENT OP DIFFERENT PAYMENTS. HuLE. — Find the interest, by interest tables, on each item from the date of each charge to the date of the last charge. Add up the interest of these several charges, and then ascci-tain how lonjr a time it will take for the total of the account to make that amount of interest; then deduct this time 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, if under 50, and counting them as an additional dollar if they are 50 or more. Boui/ht at 4 months. When is the averarje time of pai/mmt? M.irch l' ;g200 From March 1 to July 1 ia 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 C to July 1 is 25 days " 21 July 1 50 $400 $5.61 The interest on S400 for 2 months and 24 days is S5.G0. Now deduct the amount of time (2 months and 24 days) from the date of the last charge (July 1), and this will give April G as the month and day for the average, and August 6 as the day of payment. LEGAL RATES OF INTEREST AND LIMITATIONS OF ACCOUNTS. The usury laws are mentioned and explained in all cases where they exist. Judgments, in most States, bear the legal rate of interest, but the exceptions are given below. Also, can be found in how many years the statute of limitation bars action on promissory notes and accounts in the Dominion of Canada, and the several States. 106 FOUNDATIONS OF SUCCESS CANADA. New Brunswick.— Legal rate 6 per cent, if not stipulated ; any rate can be agreed upon. Nova Scotia. — Legal interest G per cent, when there is no stipulation ; agreement may be made in writing for not exceed- ing 7 per cent, on real estate security, and on personal security or chattels any rate not exceeding 10 per cent. The above laws not applying to chartered banks. Ontario, — Legal interest G per cent, where no rate is men- tioned. No usury laws, but parties at liberty to stipulate for any rate. Limitation, note G years, account G years. Quebec. — Legal interest G per cent, whore no rate is men- tioned. No usury laws, but parties at liberty to stipulate for any rate. Limitation, note G years, account G years. UNITED states. Alabama. — Interest 8 per cent. Usury forfeits interest. Lim- itation, note G years, account 3 years. Arkansas. — Interest G per cent., but, by special contract, as high as 10. Usury forfeits principal and interest. Limitation, note 5 years, account 3 years. Judgment same interest as con- tract sued on. Calib'ORNIA. — Interest 10 per cent. Judgment 7 per cent. Limitation, note 4 years, '^ccount 2 years. Colorado. — Interest "' per cent, on money loaned. Limita- tion, note G years, account 3 years. Connecticut. — Interest G per cent. Usury forfeits interest taken in excess of legal rates. Limitation, note G years, account 3 years. Dacotah. — Interest 7 per cent., not to exceed 12. Usury for- feits interest. Limitation, note G years, account G years. Delaware. — Interest G per cent. Usury forfeits money loaned. Limitation, note G years, account 3 years. District of Columbia. — Interest G per cent. Usury for- ill AND LAWS OF TRADE. 107 loits interest. Limitation, note 12 years, account 3 years. Florid.v.— Interest 8 per cent. Limitation, note 5 yeai-s, ac- count 2 years. Georgia. — Interest 7 per cent.; parties mt.y contract for 12. Usury forfeits interest. Limitation, note 6 years, account 4 years. Idaho. — Interest 10 per cent.; parties may con tract, for 12 per cent. Penalty for greater rate is, three times the amount paid, fine of 8300, or six months impri;v>.ument, or both. Limitation, note 4 years, account two yeai-s. Illinois. — Interest G per cent.; parties may contract for 10 per cent. Usury forfeits interest. Limitation, note 10 ycai-s, account five years. Indiana. — Interest 6 percent.; parties may contract for 10 per cent. Beyond that, rate is illegal as to excess only. Limita- tion, note 20^ years, account G years. Judgment same interest as contract sued on. Iowa. — Interest G percent.; parties may agree for 10 percent. Limitation, note 10 years, account 5 years. Judgment same interest as contract sued on. Kansas. — Interest 7 per cent. ; parties may agree for as high as 12 percent. Usury forfeits excess. Limitation, note 5 yeare, account 3 years. Kentucky. — Interest G per cent.; parties may contract for 10 per cent. Usury forfeits interest. Judgment same interest as contract sued on. Limitation, note 5 years, account 2 years. Louisiana. — Interest 5 per cent.; parties may contract for 8 per cent. Judgment same interest as contract sued on. Limita- tion, note 5 years, account 3 years. Maine. — Interest G per cent. Limitation, note 6 years, ac- count G years. Usury forfeits interest. Massachusetts. — Interest G per cent. Limitation, note 6 years, account 6 years. Usury forfeits three times amount of excess. 108 FOUNDATIONS OF SUCCESS If I : Maryland. — Interest G per cent. Limitation, note 3 years, account 3 years. Usury forfeits excess of interest. Michigan.— ilnterest 7 per cent.; parties may contract for 10 per cent. Judgment same interest as contract sued on. Limita- tion, note C years, account G years. Usury forfeits excess of interest. • Minnesota. — Interciit 7 percent.; parties may contract for 12 per cent. LimiUition, note G yeare, account G years. Mississippi. — Interest G per cent.; parties may contract for 10 per cent. Usury forfeits interest. Iiimitation, note G years, account 3 years. Missouri. — Interest C per cent. ; contracts may be made for as high as 10 per cent. Judgment same interest as contract sued on. Limitation, note 10 years, account 5 years. Usury forfeits interest. Montana. — Interest 10 per cent. Limitation, note 10 years, account 5 years. Nebraska. — Interest 10 per cent., or any rate on express con- tract not gi-cater than 12 per cent. Usury forfeits interest. Judgment same interest as contract sued on. Limitation, note 5 years, account 4 years. Nevada. — Interest 10 per cent. Limitation, note 4 years, account 2 years. New Hampshire. — Interest per cent. Jsury forfeits three times the excess of interest. Limitation, note G years, account 6 years. New Jersey. — Interest 7 per cent. LTsury forfeits interest. Limitation, note IG years, account IG years. New Mexico. — Interest G per cent. No limitation on note or account. New York. — The legal rate of interest is 7 per cent. All con- tracts whereby a higher rate is reserved are void. Usury is a misdemeanor, punishable by a fine of $1,000, or six months im- prisonment, or both, and forfeits the principal, even in the hands ■«<' AND LAWS OF TRADE. 109 on note or of third parties. Limitation, note — years, account — years. North Carolina. — Legal interest (5 per cent.; 8 may Ik; stip- ulated for when money is borrowed. Penalty for usury is douMe tho amount lent, and indictment for misdemeanor. Lim- itation, note '] years, account 3 years. Ohio. — Legal interest G per cent.; contract may be for 8. Usury forfeits the interest. Judgment sam(; interest as contract sued on. Limitation, note 15 years; account 10 years. Orkgon. — Legal rate 10 per cent.; parties may agree on 12. Limitation, note C years, account G years. Pkxnsylvania. — Legal interest G per cent. ; contracts may be made as high as 8 per cent. Usury forfeits interest. Limitation, note G years, ai ^ount G years. Rhode Isla. d. — Legal interest 6 per cent. Limitation, note C years, account G years. South Carolina. — Legal interest 7 per cent. Limitation, note G years, account G years. Usury forfeits excess of interest. Tknnksske. — Legal interest G per cent. ; parties may contract for 10 per cent. Limitation, note 6 years, account C years. Usury ferfeits excess of interest. Texas. — Legal int»n'est 8 per cent. Limitation, note 4 years, account 2 years. Usury forfeits the whole of interest. Utah. — Legal interest 10 per cent. Limitation, rote 4 years, account two years. Vermont. — Legal interest G per cent. Usury forfeits the ex- cess, Limitation, note G years, account G years. Virginia.— Legal interest G per cent. U^sury forfeits interest. Limitation, note 5 years, account 4 years. Washington. — Legal interest 10 per cent. Limitation, note G years, account 3 years. West Virginia. — Legal interest G per cent. Limitation, note 5 years, account 3 years. Wisconsin. — Legal interest 7 per cent.; parties may contract for 10 per cent. Limitation, note G years, account G years. i; il I l; : I 110 FOUNDATIONS OF SUCCESS COMPOUND INTEREST. Tliia table contains the amount SI or £1, at fliflforent rate.9 10 l.:U392 1.410G0 1.48024 1.55297 1.62889 1.79085 1.967151 11 1..S842.3 1.45997 1.5.3945 1.G2285 1.710.34 1.89830 2.104852 12 1.42.-)76 1.51107 1.60103 1.69.588 1.79.')8G 2.01220 2.2.V2192 1.S 1.4(iS.")3 1.5G39G 1.66:.'/7 1.77220 1.8S.')C5 2.13293 2.4098-15 14 1.51259 l.G18fi9 1.73168 1.85194 1.97993 2.26090 2.5785;}4 15 1.5.)7i»7 1.67535 1.80094 1.93528 2.0789.3 2.:;9()56 2.759031 Ifi l.(i0471 1.7.3.399 1.87298 2.022.37 2.18287 2.54035 2.952104 17 l.()5285 1.791G7 1.94790 2. 1 13.38 2.29202 2.69277 3.158815 18 1.70243 1.8.i749 2.02582 2.20848 2.40662 2.8.-14.34 3.:!:9931 19 1.7.5351 1.922.-)0 2.10685 2.30786 2..52(i95 3.02560 3.G16.V26 20 1.80G11 1.98979 2.19112 2.41171 2.653.30 3.20713 3.S69G83 TABLE Showinsf the time in which a sum will double itself w' an loaned at the following rates of interest : ^^ 2 2i 3 Si 4 H Time in which I..; i, I i' ' I! in I'' 112 FOUNDATIONS OF SUCCESS The following rule is the best : divide the given sum by the amount of Si .00 for the given time and rate, and the quotient will be the present worth. From the given sum take the present worth, and the balance will be the discount. Example. — What is the present worth of $448.00, due 2 years hence, at 6 per cent.? Answer, $400.00. Some merchants, fm- the sake of receiving cash, are in the habit of deducting a certain per centage from invoices and bills sold ; and this is reckoned the same as interest. Example. — C. purchases a bill of goods of D., amounting to $1,000, on 6 months' credit ; but C. offers to deduct 10 per cent, for ready cash. What amount is to be deducted ? Example. — 6 months equal half a year, or 5 per cent. An- swer, $1 ,000 x 5 = 50.00. By discounting from the face of the bills, losses are frequently sustained without knowing or even suspecting it. This is caused from the fact that the discount is not only made on the first cost of the goods, but also on the gains. For instance : if a profit of 25 per cent, is made on any article of merchandise, and then 10 per cent, is deducted, the gain, at first appearance, would seem to be 15 per cent., but is, in reality, only 12| per cent. In like manner, if 50 per cent, be added, and then a discount made of 35 per cent., the profit, to all appearance, would be 15 per cent,, while the real loss is 2| per cent. For example, we give the fol- lowing : . Cost of Koods $1 00 Add 25 per cent, profit 25 Selling price $1 25 Deduct 10 per cent 12^ Cash price $1 )2i Gain, 12^ per cent. Cost Profit, 50 ijer cent . .$1 00 . 50 Selling price $1 50 Discount lio per cent 52^ Cafl'.i price $ 97J Loss, 2i per cent. This is but one of the many instances where loss occurs through ignorance of the true prinoiulcs of discounting ; yet it is a very general error. I AND LAWS OF TRADE. lis n by the quotient e present Le 2 years the habit jills sold ; )Vinting to ) per cent. -ent. Aii- frequently is is caused le first cost a pvoiit of nd then 10 uld seem to In like nt made of 5 per cent., ive the fol- . . .$1 00 .... 50 ..$1 50 .... 52i ...§"~07i it. [is through It is a very BOOK-KEEPING. Book-keeping is the art of recording business transactions in such a way that any item may be easily referred to. The object of book-keeping is to enable merchants and others to ascertain their gains and losses in business, and to show their business relations with others. Book-keeping is founded on the principle of debtor and credi- tor. A person is debtor when anything is given to, or done for him without an equivalent at the time ; and creditor when any- thing is received from him, or he does anything for another, with- out an equivalent at the time. The principal of debtor and creditor applies to property and gain and loss, as well as to persons — property being debtor when anything is given or done for it, and creditor when it does any- thing for the business or merchant. Sources of gain and loss are debtors when the cause of loss, and creditors when the cause of gain. Business recordsj are called Accounts, and the books in which they are kept. Account-books. An account proper is a statement of debts and credits, or of both, arranged under a single heading, and divided into two parts, leaving a column each for dates and amounts. The left hand side of an account is called the debit, and the right the credit side. The following is the form of an account kept by a merchant with a person to whom he sells goods on credit : • Dr. ' WILLIAM BARNES. . Cr. 1877. Sept. 1 I) 10 To 3 hrla. Flour . . @ $10 •20 " Potatoes @ 3 3 bu. Dr'd Apples @ 3 30 60 9 00 00 00 1877 Oct. 1 3 By cash on ac. << (i 50 20 00 00 The left, or debit side, of this account shows the amount of goods sold to William Barnes on three different occasions, and the right, or credit side, the amounts received from him in pay- o Pi I, il > t HI I ■\i- " 'ill 114 FOUNDATIONS OF SUCCESS ment. The debit side, being $29 the larger, shows that he owes that amount to the merchant. ACCOUNT-BOOKS. The number and kind of books required for a business depend on its extent, the method of book-keeping adopted, or the know- ledge or taste of the merchant or book-keeper. Some kinds of business, such as manufacturing or commission, require many- books, while a limited cash business may be conducted in a com- mon memorandum or pocket cash-book. The following, which the learner may copy, is a book of this kind : THE PRIVATE CASH BOOK OF A CLERK. ^ London, 1877. Dates. ' RecpU. Paymta. Jan. 3 4 5 8 7 8 9 1 10 i 12 1.3 15 16 17 20 21 23 27 29 30 31 Feb Amount of cash on hand Paid for hat, $3; gloves, $1.50 Bought pensr , ink and paper Bought a pair of shoes Paid tailor's bill— coat, §20, pants, §10, vest, $8 Paid for lilacking I>ent John Williams, t be paid on 10th Paid for a pair of skates, at 21 Dundaa-st. . . . Bought a sot of furs — collar, §8 ; gloves, $10. . Received from .John Willia-n the money lent. . Paid for car tickets, $1; repairing boots, $2.. Bought at Oarli ,k's, Dundas-st., half doz. shirts Received half month's wages, to date Paid pew rent to April 1st Gave for charitable purj)oses Bought tickets for two to J. R. Kay's readings Paid for repairing cloth'-s, §1 ; toilet articles, §2 Paid for 1 doz. cartes de visite at Cooper's .... Bought of A!urray, Duudas-st., a silk umbrella Pai barber's bill to date Paid washwoman's bill Bought underwear, §1.50; dictionary', $10.50 . . Received half month's wages to date Paid board bill to date Find on balancing that I have lost Balance on hand Balance brought down Bougl t a copy of Foundations of Success .... Paid for nock-ties, $2.7.'', pocket-knife, §1.25 . 220 10 50 50 3.30 151 00 00 00 5 38 10 o 18 3 12 50 50 00 00 10 00 50 00 00 00 00 00 00 00 4 2 3 3 t 1 (> 12 00 00 00 50 20 40 1 151 330 CO 00 00 50 00 lit I 1 AND LAWS OF TBADF, 11.=^ he owes s depend le know- kinds of re many in a cora- ag, which pts. Paymts. 1000 50 50 00 00 10 00 50 18100 38 10 1000' 50 00 1 50 001 300 •200 500 400 2()0 300 300 00 1 50 ()|-20 1'2',00 40 00 100 15170 J30 00 330 00 15170' 350 500 REMARKS. 1. The lost dollar noticed in the account was not missed until the account was balanced. It was then entered as so much money paid out; otherwise the balance would not have shown the amount on hand. 2. It is a good practice to enter the names of parties fiom whom goods are bought, so that mistakes may be corrected and the house known, should more goods of the same kind be wanted. 3. It will be observe-^ that this account is kept without refer- ence to debtor or creditor. The object in keeping a cash account is the detection and cor- rection of errors in receiving and parting with money. The records should be made at the time the money is received and paid out, and the difference between the two columns found every evening, which should show the amount of cash on hand. At the foot of each page, or as often as desirable, the columns may be footed up, and the difference, under the name of halaitce, written on the smaller side, as in the example. This process is called balancing. When it can be done conveniently, the bal- ance should be Aviitten, and the lines drawn in red ink, and the footings of the two columns always entered in the same line with each other, and in black ink. The balance brought down or for- ward, for the continuation of the week, should also be written in black ink. A LEDGER. When a business cannot be conducted exclusively for cash, the merchant will find it necessary to keep one or more books for recording the indebtedness of his customers, or his own indebted- ness to others. Should only one book be used, one or more pages, or a part of a page, may be set apart to each pei-son, his name entered at the top, and the items ol debit or credit underneath in the order of their occurrence. Such a book, whether it be ruled 116 FOUNDATIONS OF SUCCESS like the cash-book on page 104, or the account-book on page 113, is called a "Ledger." Following is a copy of a ledger, ruled with double money columns like a cash-book or journal: 1877. W. B. AUSTIN. Dr. ' Cr. Sept. 3 5 7 8 9 To 2 boxes Soap, at $7 50 14 lbs. Ham 15 100 lbs. C. Sucar 10 2 boxes 60 lbs. Cheese 16 2 boxes 120 lbs. Biack Tea 1 00 1 nest Tubs 4 00 $15 00 2 10 10 00 19 60 120 00 4 00 6 00 6 00 4 50 17 153 16 10 00 50 100 150 By cash on account To .SO lbs. Rio Coffee 20 00 3 boxes Raisins 2 00 1 box Oninj^es By cash on account 00 The left or debit column shows the amount of goods sold to Mr. A.; the right or credi*', colninn, the amount of money received from him ; the difference, the amount he owes, Accounts of this kind are balanced in the same way as the previous cash accounts, by finding the difference between the columns and entering it in red ink on the smaller side. It will be noticed that "To" is used before debit items, and "By" before credit items. In business language, we say a person is debtor to another, not hy another ; and credited hy, not to another. JOHN R. BROOKS. Dr. Cr. 1877. Aug. 9 10 15 To 1 barrel Sugar, 240 lbs. at Oc. . . $21 60 1 sack Rio Coffee, 156 lbs. 25c. . . 39 00 1 box German Soap, 64 lbs., 12^0. By cash note at 30 davs 60 8 68 60 00 60 30 38 68 00 1 ■ 60 This account .shows that I sold John B. Brooks goods amount- ing to SGS.GO, and received from him $30 cash. Unprepared to pay me the balance in cash, he gives me his note, which I enter ''i; AND LAWS OF TRADE. 117 1 page 113, ale money Cr. 10 CO 50 100 150 00 00 lods sold to ley received way as the etween the ie. It will 3y" before is debtor to her. Dr. Cr. 60 f)0 8 DO 30 00 38(30 C8 60 CS60 )ds amount- iprepared to hie ;h I en ter to his credit, for I can sell or keep it till it matures and get the amount in money. Entering this to his credit transfers my claim against him from the account to the note. Neglect to enter it to his credit would indicate that he still owed me c account as well as on the note, thus making two claims instea . of one. When an account containinc: one or more items is settled, it should be ruled off, and thus closed against any other items. Should dealings with the party be continued, the account can be re-opened below the rulings and conthmed as a new one. In order to find a man's account readily, the ledger ought to be indexed, and, to prevent mistakes, the name and page of each account entered in the index before opening the account. The form of an index depends on the kind and size of the ledger. A large ledger requires the index to be in a separate book, and arranged according to the vowels as well as in the order of the alphabet. When the ledger is small and the business limited, » an index can be made in the following form, allowing half a page to a letter : ' INDEX. Page. A Alexander, J. H 3 B Bancroft, A. L 5 Buruham, M. M 1 C Chambers, C. C 15 Page. Durrell, T. N 8 Danforth, W. C 4 Davis & Son 2 B English, Edw. R 12 The form of account on the next page is the one in general use, and differs from the preceding in having the debits and credits on opposite sides, the object of which is to prevent errors that would be liable to occur if the debit and credit columns were together. When the ledger is used in connection with other books of account, it seldom contains the items of sale or purchase, because they can always be found in those books. In their place are '! f 118 FOUNDATIONS OF SUCCESS written the names of accounts fnvolved in the transaction, as cash, merchandise, sundries, the latter word signifying several accounts instead of items of account. Aug. 9, 1877.— Bought of H. A. Stone, 300 bush, wheat, at $2. Sept. 13.— Bought 200 Inisli. com, at 50c. 15.— Sold him 1 hhd. sugar, 1,000 lbs., at 12c. 19.— Paid him cash on account, $180. Oct. 1.— Sold him 2 chests Y. H. tea, 120 lbs., at $1, and 1 sack coffee, GO lbs., at 30c DAY-BOOK. Dr. H. A. STONE. Cr. 1877. Sept. 15 Oct. 19 1 1 3 To I hhd. Sugar 1000 lbs. at 1-Jc. To cash on acct To 2 chests Y.H. Tea 120 lbs. at II ... . To 1 sack Cottee, 60 lbs., at 30c To balance due .... 120 180 00 00 1877. Aug. Sept. 9 13 120 00 18 262 00 00 700 00 Oct. 5 By 300 bush. Wheat at.f!2 By 1:00 bush. Corn at 50c By balance 600 100 700 00 00 00 262 00 Titles are not used in book-keeping. When a man has only one given name, it is customary to write it in full, unless he is better known by an abbreviation, as, for instance, Dan. for Daniel. The learner should provide himself with paper and make ac- counts from the following transactions, adopting the above form. He should also keep a cash-book, as a business cannot be con- ducted with safety without a casl. account. Bought of S. A. Brown, on account, 3 hhds. of sugar, 3111 lbs., at 15c. ; 35 hams, 525 lbs., at *" 'C. Jan 3. — Sold to Henry Honewell, on account, 11 brls., 200 lbs., sugar, at 18c. ; 127 lbs. ham at 25c. Jan. 9. — Paid S. A. Brown $300 cash on account. Sold to Alfred Smith, on account, 750 lbs. sugar at 20c., and 130 lbs. ham at 21c. AND LAWS OP TRADE. 119 iisney taken ii.'lf, and a L the even- merchan- put away O". o" [ictions are before the eiing both bo loss. A 3d many a era will be ntry being is set with et is com- ,er of the cash-book, prepared, )f cash on rse, wagon hant's re- took. He I the $100 1 what ho edger, and His next step, if he has not already iiftade the enlry, ia to enter the cash in the cash-book ; and this done, he posts the day-book enti.es, as directed in the article on Posting. The next items reqiiiiing record are the .1?10 paid for cleaning the store, and the .^37.50 for counters. These items need record chiefly to show that money has been paid out. Day-book entries are not required, because no personal accounts are affected by the transactions. The items of the next two memoranda being of the same character, require record only in the cash-book, ex- cept that the $35.00 is a receipt, and appears on the left side of the account. Until the sale to Johnson is reached, the trans- actions are exclusively cash. This item calls for a day-book entry only because there is no cash in it, and that Johnson is indebted for iha goods. This sale is recorded in detail for future reference, should the account be disputed. The money-^^eeived from Dean requires an entry in the day- book as well as in the cash-book, otherwise the ledger would show that he was still owing the $200. The money paid H. Hough is of the same character, only he must be charged instead of being credited. A. E. White should be charged in the day-book with the goods sold to him. The cash paid for the note does not admit of a day-book entry, because it was not paid on account of Thomas, but on account of the note, with which the merchant is not keeping an account. The sale of the horse and wagon being a cash transaction, is entered only in the ca,ih-book. Bryson is credited with the money received from him on ac- count. When this item is posted, his account will balance, and should be ruled off, so that new items will not be confounded with the old. The purchase made of Russell requires a record in the day- book only. And now that the day-book is finished, it should be posted, if the posting has leen deferred till now. ■▼r 124 FOUNDATIONS OP SUCCESS I, George W. Smith, commence the business of dealing in gro- ceries, this 4th clay of January, 1877, having for my capital, cash $1,000 ; a horse and wagon worth $450, and a claim against Jno. C. Dean for $200 ; and I owe, on a note in favor of William Thomas, $100, and to Harry Hough a balance of $250." Jan. 5th. — Paid for cleaning out store, $10. Gth. — Bought of C. Ewing, for cash, two counters, $37.50. 8th. — Bought for cash, of Davis ifc Co., my first invoice of merchandise, $325.75. 9th. — Paid for shoeing horse, $2.50 ; sold at the counter this day, goods amounting to $35, as shown by the cash drawer. 11th. — Bought of C. Parker, for cash, my second invoice of goods for $220 ; sales, per drawer, $45 ; received from J. O. Russell his bill for repairs to harness, $12.50. 12th. — Bought of Conney & Co., for cash, an ice-chest, $50; sales, per drawer, $13... 30. 13th. — Sales, per drawer, $11G.50. 14th. — Received of John C. Dean, on account, $100. 15th. — Paid HaiTy Hough $50 ca.sh, on account ; sold to Albert E. White, 5 bbls. assorted apples, $4.50 ; sales, per drawer, $125. IGth. — Bought of Davis & Co., for cash, invoice No. 4, $325.07; lifted my note in favor of W. Thomas, $100; sold my horse and wagon to John Stone, for $400 cash. I7th. — Received of Alonzo Sterling, $21.75 cash, in full of account ; sold to J. C. Johnson, 15 lbs. Rio coffee at 30c., 1 house bucket at 25c. 18th. — Bought of Orr & Son, for cash, invoices Nos. 5 and C, $397,17; paid John Jones, clerk, wages to date, $15 ; sales per drawer, $77.19. 19th.— Paid Harry Hough, cash $200, in full of account. 20th. — Bought of J. 0. Russell, invoice No. 7, $275, on account ; received of John C. Dean, in full of account, $100. Cash on hand, $3GG.74. Mdse. un.sold, $1,2G8. Continijuation. — Jan. 27. — Bought of J. C. Johnson, on account, 200 bush, oats at 50c. ; cash sales, $120. 29th.— Sold to J. O. Russell, G doz. eggs at 20c.; 100 lbs. N. 0. sugar at IGc.; cash sales, $89. 30th. — Sold to J. C. Johnson, goods amounting to .$27.G0, and received the balance due in cash ; Sold to Alonzo Sterling, on account, 20 lbs cheese at 20c.; 3 lbs black tea at AND LAWS OF TRADE. ig in gro- pital, cash ainst Jno. : WiUiam Bought of t for cash, ■5. 9th.— iay, goods — Bought for S220 ; lis hill for & Co., for ;li. — Sales, Dean, on 1 account ; sales, per ;h, invoice las, §100 ; 17th.— account ; juckot at fos. 5 and sales per in full of ). 7, $275, lut, SIOO. account, 1 to J. O. IGc; cash unting to o Alonzo ck tea at $1.2*; cash sales, C.":r.!;0. f^lst.— Bought, for cash, of Jt.'Ji Davis, 100 bush, of potatoes at 1.25, and sold to J. C. Dean 50 bush, at $1.50, on account ; cash sales, $75. Feb. 1.— Sold to E. White 10 lbs. green tea at $2 ; 201bschecao at 20c.; 2r lbs. coffee at 35c.; cash sales, $37.50. 3rd.— Sold to J. C. Dean three boxes spices, at $1.23; ma bbl. N. O. Molasses, 41 galls., at 57c.; one hhd. sugar, 1,127 lbs., at 15c.; 15 Ibshain, at 20c„ 220 lbs. corn meal, at lie; ca.sh sales, $50. .4th. — Paid for cleaning pavement, $1.; for gas, $3.G0 ; sold to W. C. Jones, on the order of J. C. Johnson, goods amounting to $70 ; cash sales, $74.G0. CASH-BOOK— SINGLE ETS'TRY. CASH— 1877. Jan. 4 5 6 8 9 11 1*2 13 14 15 16 18 19 20 Amount invested Paid for cleaninj^ out store I'aid C. Kwing in full for two counters Bought of Davis & Co. invoice No. 1 for cash . . I'aid for shooing liorse Received for sales at the counter, per drawer Bought of C. Parker invoice No. 2 Keceived, i)er drawer, for s.ales this day Paid Corey & Co. for ice chest lleceived, per drawer, for sales i. .a day Bought of Carter, Son & Co. invoice No. 3. . . . Paid (t. N. Emerson in full for horse feed. . . . Received, per drawer, for sales this day Received from John C. Dean, on account Paid Harry Hough, on account Received per drawer, for sales tliis day Bought of Davis & Co., invoice No. 4 Paid my note, W. Thomas' favor Received from John Stone for horse and wagon Received of Alonzo Sterling, in full of account Bought of Orr & Son invoices Nos. 5 and G. . . . Paid .John Jones, clerk, wages to date Received, ]ier drawer, for sales this day Paid Harry Hough, in full of account Received of Jno. C. Dean, in full of account. . Balance on hand Balance brought down 1000 35 45 135 llfi 100 125 400 21 77 100 2282 3(iG 00 00 00 30 10 3 325 2 220 50 157 50 325 100 .397 15 200 300 2282 00 50 75 50 00 00 (50 00 00 «i7 00 17 00 00 4 94 I* 4 4 4 4 126 FOUNDATIONS OF SUCCESS DAY-BOOK— SINGLE ENTRY. Montreal, January, 1877. Commenced businesa with the effects and liabili- ties shown below : George W. Smith, Cr. By Cash for amount invested Horse and Wagon valued at John C. Dean, who owes me on account Dr. 1 To amount due William Thomas on note amount due Harry Hough on old account .... 1 John C. Dean, Dr. To amount due me as above Harry Hough, Cr. By amount due him as above J. 0. Russell, Cr. By bill for repairs of harness J. C. Johnson, , Dr. To 3 doz. Eggs @ 25c 4 lbs. B. Crackers, @ 12^0 2 brls. Flour, @ $9.20 Alonzo Sterling, Dr. To 3 brls. I. Potatoes, @ ."$1.25 120 lbs. C. Sugar, @ 15c John C. Dean, Cr. By Cash on account Albert E. White, Dr. To 5 brls. assorted Apples, @ $4. 50 , . . . . 150 bush. Coal, 6 loads, @ $3.50 Harry Houoh, Dr. To cash on account 11 13 13 14 15 15 1000 450 200 100 250 00 00 00 fO 00 1650 350 200 250 12 00 00 00 00 50 18 3 18 75 50 -to 75 00 19 65 21 75 100 22 21 GO 50 00 43 50 50 00 1650 350 200 250 12 75 00 00 50 00 00 00 00 00 50 19 65 21 75 43 80 50 00 AND LAWS OF TRADE. I 5tV MONTREAL, JAN., 1877. • 16 1 J. 0. Russell, To 1 brl E F Flour < • • 9 3 81 00 75 00 ) 93 2.5 lbs. Cheese, at 15c 1 box 54 lbs.. Black Tea. at 81.50 75 17 1 J. C. Johnson, Dr. To 15 lbs. Rio Coffee, at 30c 4 1 2 50 00 25 7 1 House Bucket, 25c. ; Stable do., 75c 3 buah Conimeal, at 75c 75 16 2 Albert E. White, Dr. 1 To 3 doz. Mackerel, at 50c 1 18 3 50 00 50 23 2 brls. E. Fam. Flour, at $9 '. 1 doz. Shaker Brooms 00 17 Alonzo Steklino, Cr. 1 By Cash in full of account 21 75 19 John C. Dean, Cr. 1 By Cash in full of account 100 00 Harry Hough, Cr. 1 By cash in full of account 200 00 20 J. 0. Russell, Cr. 1 By Merchandise per invoice No. 7 275 00 20 G. W. Smith, Cr. By net gain 1 234 89 POSTING. Posting consists in transferring from some book or books of a set, to the ledger, In this set, it is the process of transferring from the day-book alone. The first step in posting is \^ write the name of the party with whom the account is opened at the head of the page in the ledger on which you intend to post his account; ; next enter the name of the debtor, with the ledger pa^^e in your index in its alphabetical order. Then transfer the charges against the party from the day book to the ledger page, entering 128 FOUNDATIONS OF SUCCESS 13'' ri > the number of the day-book page from which it is taken in the ledger column, preceding the dollar column, and mark on the date column of the day-book, directly in line with the charge, the page of the ledger to which the item or items of entry have been postca. Entering the name and making the first transfer under it is called Opening an account The proprietor's account should be the first account opened, other accounts are then opened until all the debits and credits in the day-book are posted. The abbre- viations Dr. and Cr. are seldom written in the ledger, but, when they are written, they appear only at the head of the page. G. W. SMITH. 5872 Jan. 4 20 To Sundries, " Bal. or Net Cap. 1872 1 350 1534 1884 00 89 89 Jan. 4 20 20 By Sundries, " Net Gain. 1650 234 1884 The Resources on commencing were.. Liabilities . By Bal. br't do'n , $1G50 00 350 00 1534 00 89 89 89 Leaving the Net Capital on commencing 1300 00 To whxch add Gain for the month 234 89 And he has for Net Capital $1 534 89 The net gain was posted from the day-book, and the day-book entry was taken from the statement on next page. If he wishes to continue business with these different parties he posts the new items under the old headings, until the page is full, when he transfers the balance and account to a new page opened in the same way. The two accounts, following, are said to be closed. Any new items to the debit or credit of these men will be entered below the rulings. AND LAWS OF TRADE. 129 JOHN C. DEAN. 1877 Jan. To amount due, 1877 1 200 00 Jan. 14 19 200 00 By Cash, "Cash, 100 00 100 00 200 00 HARRY HOUGH. 1877 Jan. 15 19 To Cash, Cash, 1877 2 50 00 Jan. 4 3 200 250 00 00 By amount due, 250 250 00 00 J. O. RUSSELL. 1877 Jan. 16 To Mdse., 1877 2 93 75 Jan. 11 19 By bill for repairs " Mdse., i o 12 75 50 00 J. C. JOHNSON. 1877 Jan. 13 17 To Mdse., 2 19 7 65 75 ALONZO STERLING. 1877 Jan. 13 To Mdse., 21 1877 Jan. By Cash, 21 00 1877 Jan. 15 16 To Mdse., " Mdse., ALBERT E. WHITE, 43 23 50 00 130 FOUNDATIONS OF SUCCESS GENERAL STATEMENT. A Ucneral Statement differs from the statement of an account in that it gives a synoposis of all the accounts in the ledger, to- gether with a list or inventoiy of the property unsold, the debts due both to and by the concern. It is, in short, an account of the assets and liabilities, and is made out with the object of showing the gains and losses in business, and the net capital remaining. There is no fixed form for a statement. If the party is solvent, the resources appear first ; if insolvent, the liabilities. The liabilities taken from the resources, leave the net capital at the time of closing, and the difference between the capital on commencing and at the time of closing, gives the net gain or loss in business. w STATEMENT 6f Resottrces and Liabilities for the Month ending Jany. 20, 1877. Eesources. Cash Merchandise, per Inventory . . . John C. Johnson owes me, on account A. E. Wliite owes me, on account Liabilities. I owe S. O. Bussell, on account . . Making my net Capital Net Capital on Commencing . . . Net gain . . • 366 1268 27 66 1728 193 15.34 1300 234 64 75 89 00 89 TRIAL BALANCE. At the end of each month a trial balance should be drawn off, and during this operation all posting should be suspended until the balance is found to be correct. Most book-keepers have a book for this purpose, winch can be purchased at any stationery establishment. It has tbvee or four columns on each side of the AND LAWS OF TRADE. 131 I account idger, to- ihe debts ;count of object of it capita] the party labilities. et capital lapital on dn or loss ), 1877. 1728 193 15.34 1300 234 G4 75 89 00 89 irawn off, ided until ITS have a stationery ide of the page, and the names may be written in the centre. "By taking this method, a great amount of labor is saved, as the names have to be written only once in three or four months ; merely adding the new accounts as fast as they are opened. Another important matter in connection with this plan is, that you have the balances of the preceding months directly before you, and you can refer to them when so desiring without much trouble. In the matter of a trial balance, every establishment should be particular, and see that it is attended to. It is, in fact, a part of the business that cannot well be dispensed with. BILL-BOOKS. Kvery thing that can aid a book-keeper in keeping his accounts is of value, as it not only saves time and trouble, but frequently money. A bill-bcok is exceedingly useful, and should always be used to enter memoranda of notes given or received by the house. It is also a good plan to enter acceptances of time drafts. By means of this book, the book-keeper, or whoever has charge of this department, can see at a glance just when the notes and drafts become payable. In many establishments, these drafts and notes enter largely into their business, in which case a bill-book should by all means be used, and a reference to it be made daily, so that by no possible means any one of them may be overlooked. For specimen of bill-book see page 32. MONTHLY STATEMENT BOOK. A merchant cannot be too careful in attending with all promp- titude to monthly statements of other establishments, and 3very facility should be offered the book-keeper to make this as easy a task as possible. It will be found convenient to enter the monthly statements in a book as they are received, giving the names of the concerns, an I the amount due them, as they calcu- late it. If any firm notify you that they intend to draw for a certain amount, a memorandum of this fact should be made in the margin of the book, and particular attention paid to the 132 FOUNDATIONS OF SUCCESS same, after endorsation, as shown on page S3. A band should then be placed around the statements, and the name of the month written on them. The statements should be compared with the ledger account of each firm endorsing them footed up, and kept until the proper time for remitting arrives. As the accounts are settled, they should be marked as paid in the book. There are many advantages of keeping a .ook of this kind, among which are the following: 1. It enables a book-keeper to see at a glance what business houses or firms have sent in their st-^tements. 2. The amounts and dates of each charge may be checked off as they are examined by him. 3. When the statements are all received, the amount of money required to pay them is easily ascertained by footing up the totals of all. 4. As the accounts are marked paid as fast as settled, those remaining unpaid are easily distinguished, and by this plan no oversight need be feared. Every merchant and business man should give particular atten- tion to these "Monthly Statements," and the words written there- on, "Please, remit." It is, in fact, the very foundation of the credit system, and the amounts due from you may be relied on by the merchant you owe for him to meet ius obligations with others ; and, perhaps, still further on, merchant after merchant. If you pay, all will be well — all will be paid ; but if ycu fail to meet your payments, then the merchant you owe, who has relied on you may fail to meet his, and the one he owes will do the same, and all because of your failure. To meet a monthly statement is an important matter, and the words, "please remit," should have every attention that is possible, and every effort should be made to comply with the request. Nothing, nothing can gain a merchant better favor and credit than immediate answers, with remittances accompanying. To have met a note, or to have honored a draft or acceptance does AND LAWS OF TRADE. 133 not seem to beget for him the same degree of pleasant considera- tion at headquarters that is effected when the letter is opened containing a remittance over the debtor's own signature. When the transaction has been made through a bank or other third pf.rty, the debtor, to a certain extent, is lost sight of, as though the collection had been a forced result. Not so when the remittance has been promptly and voluntarily by the debtor's own hand, no matter how large or how small the amount may be. The act gives him a good reputation, creates or increases confidence, both as to the merchant's integrity and business habits, and begets an independence for him chat is simply invalu- able. When again he is in the market as a purchaser, he will find that this has been remembered to his advantage, and if any favors are to be given he may count on receiving his share. He is a man that the house wants, and will use every exertion to keei^, because of his promptness and reliability. Not so, how- ever, with the careless merchant, who pays no attention to a monthly statement, or the two small words, "please remit," but will allow two or three days, or even a week to pass by without remitting, or causes the necessity of repeating the words "please remit," or compel the creditor to draw on him by draft for the amount. Such conduct as this is not business, and begets a very undesirable effect, and the merchant who encourages it or per- mits it may count on his lack of attention being returned to him with interest. • The merchant who indulges in this kind of business need ex- pect no favors from parties whom he does business with, and knowing full well that he has done wrong, as a rule he really expects none. Another important point in regard to this monthly statement and " please remit business : There are some merchants who are not only slow in making their remit- tances, but also are slow in making any communication in regard to them. They act as if they are independent of the creditor, and that the creditor should be satisfied if he ever got his money! i4>i 134 FOUNDATIONS OF SUCCESS The idea of his own credit, and his creditor's need, was never considered ; in fact, it did not seem to be a point that needed consideration ! If a merchant cannot remit for his own account when due, he will act wisely in promptly writing his regrets, stating at the same time how soon he can remit, and when the time comes promptly do so. No one who wants a good business reputation and success in his business can afford to be indifferent to this matter ; no matter how much may be involved, whether the statement calls for a large or small amount, it should be attended to at once ; and recollect, that attention to a small amount will many times maintain or aid his credit as well as if the amount was a thousand times greater. PETTY LEDGER. No book-keeper cares about filling up his ledger with petty accounts, and in order to avoid this, a small ledger may be used, and small charges and transient customers may have their ac- counts entered without being posted in the ledger in the usual way. When these accounts are settled, the proper credit should be given, and the amount thus collected entered in the cash- book, as part of the cash sales of the day on which the amount is received. ON SALE BOOK. Houses that don't do a regular commission business often have goods sent to them on sale, and to keep this business separate will save some confusion and trouble. The best plan is to provide yourself with a small ledger for credits to parties who may send the goods, and payments made to these parties should be charged directly to their account, and merchandise charged with the cash thus paid. PETTY CASH. Many book-keepers, not caring to overload their books with petty amounts, make use of a small memorandum book for keep- ing an account of petty expenditures, and at the end of each AND LAWS OF TRADE. 135 week they foot the same up, and enter the gross amount in the expense column of the cash-Look. STATEMENTS OF ACCOUNTS. Statements of accounts should be sent to customers monthly or quarterly, according to the terms of credit allowed by the house to the customer. If the terms are thirty days, then the statement should be sent monthly. If ninety days, then the statement should be sent quarterly. The following is a good style for a monthly statement: Folio 192. MONTHLY STATEMENT. London, Ont., Jan. I, 1S77. Messrs. BROWN, JONES & CO., Hamilton, To SCHUYLER SMITH & CO., Dr. SUBSCRIPTION BOOK PUBLISHERS, 1877. 398 Clarence St. Oct. 1 >« 10 Nov. 16 (( 20 tt 25 To Mdse per Bill $128 66 Above we hand you statement of acct. to date, for amount of which we shall draw at three day's sight on the 10th inst., unless otherwise advised. Please pro- tect and oblige, Yours truly, • SCHUYLER SMITH & CO., Some estat)lishments add a printed notice to the statement, informing their customers that, unless the amount is remitted by the tenth or the fifteenth of the month, they will di'aw upon them throufih the bank for the same. In a statement it is unneces- sary to give the items if bill has been furnished at time of pur- chase. A statement should always be sent, no matter Low small or how large the amount. It! 136 FOUNDATIONS OF SUCCESS CLASSIFICATION OF ACCOUNTS. PERSONAL ACCOUNTS — WHEN DEBTOR AND CREDITOR. In studying the problems under this htad, the learner should consider himself the merchant who is transacting the business, and always reason from that standpoint. To enable him the better to do this, the questions have been written in the first person. A Firm or Person is my Debtor A Firm or Person is my Creditor When I sell him anything on credit; When I pcay him any money on account or in full of account; When I give him a note or other value without an equivalent at the time; When I render him service without an equivalent at the time; When I pay another person money, goods, etc., on his order or account without an equivalent at the time. When I have undercharged him and wish to correct the error in his ac- count; When I lend him money and do not keep a loan account or take his obli- gation. ^Vhen I obtain goods or value from him on credit; When . he pays me money on his own account; When he gives me his note or other value without an equivalent at the time; When he renders me service without an equivalent at the time; When I give another a draft or order on him without an equivalent at the time; When I have overcharged him and want to correct the error in his ac- count; When he lends me money and I do not keep a loan account or give him my written obligation. PROPERTY ACCOUNTS. Property accounts are those w^hich are kept with cash, bills receivable, etc. Cash includes gold, silver and other coin, bank notes, checks and drafts or bills of exchange. Cash may also be considered a commodity, as goods, and must be treated as such when an ac- count is kept with it. If I give anything or do anything for it on its own account it is debtor; and when it does anything for me in return, it is creditor. The object in keeping a cash account is to know the amount of cash on hand at any time, and to enable the merchant to give credit to the person or part of the business by which he comes into possession of it, and to charge the person or branch of the business for which it is paid out. The debit side shows the AND LAWS OF TRADE. 137 amount received ; the credit side the amount paid out ; and the difference the amount on hand. Bills Receivable is the term applied to promissory notes and acceptances of other persons in the merchant's hands. The object in keeping a bills receivable account is to show the amount of others' notes and obligations in the merchant's hands. The debit side shows the amount received ; the credit side the amount parted with, or paid on those received; and the difference the amount remaining unpaid. Notes and Acceptances are taken and given in payment of goods and other property. In the settlement of accounts, and to redeem other notes. Notes may be made payable in part or in full, at or before maturity. A note or acceptance is debtor when I do or give anything for it, and creditor when it does anything for me. When a note is discounted, it is debited or credited with amount, and discount is debited or credited with the loss or gain. Merchandise is the name given by a merchant to goods in his store, and for sale on his own account. It is debtor and creditor under the same circumstances that a person would be debtor and creditor. The object in keeping a merchandise account is to know the amount bought and sold, but more especially to ascertain the gain or loss in trading in it. The debit side shows the amount bought and charges against it; the credit side the amount sold or parted with. The difference shows nothing unless all the goods are sold ; then it shows the gain or loss. To know the gain or loss before all the goods are sold, it is only necessary to assume that they are sold, putting them at cash price, and giving the account credit for the amount. Merchandise may be brought into the business as an invest- ment, bought or sold for cash, on credit, on note, for a draft or an order, in trade, or to pay expenses. To keep an account with merchandise, I must treat it as I i WH ' I'l il ■••ij 138 FOUNDATIONS OF SUCCESS I 1 would a person — make it debtor when I do anything for it, and creditor when it does anytliing for me. Hence, when I invest in it or buy it, whether paid for at the time or not, it is my debtor, and when I dispose of it by sale or otherwise, it is my creditor. Real Estate is the term applied to landed property, but houses and other improvements are often included in the name. The object in keeping a real estate account is to know what i^ costs, what it sells for, and the amount gained or lost in tradin;.!^ in it. The debit side sliows the cost; the credit side the amon;', disposed of ; and the difference the same as in merchandise avA other property accounts. Material is a common term applied to articles and substances designed to be manufactured into goods, machinery, or built into ships, houses, etc. The object in keeping a material account is to know its cost, the amount, if any, sold or disposed of, and put into manufac- tures or buildings. Store Fixtures is the term applied by a merchant to store or office furniture, including counters, shelving, desks, etc. Account books and such other things as are rendered unsaleable by use are excluded from this class. The object in keeping this account is to know its cost and the loss sustained by it. Some merchants charge the fixtures with all furniture bought in the year, and at its close make an esti- mate of its Vcilue and include it in tlr.> inventory of merchan- dise; others make no estimate of it, but close the account as representing loss. The course recommended by the best accoun- tants is to credit the account with the estimated value of furni- ture unsold, and close it like the merchandise account. PROFIT AND LOSS ACCOUNTS. Profit and loss accounts are those which indicate loss or gain only, as expenses, interest, discount, exchange, commission, and the profit and loss account proper. When a source of loss, AND LAWS OF TRADE. ICO II the rith 3sti- lan- [t as )un- irni- ;ain land loss, this class of accounts is debtor; when a source of gain, creditor. Expenses. — Under tliis head are included the various items of outlay, or the debts contracted for conducting the business, as those of rent, taxes, clerk hire, ad vertisin<;, fuel, account- books, and other aiticles rendered unsaleable by use. * Interest and Discount.— This account represents the gains and losses from these two sources, and sometimes those arising from buying exchange. The gains and losses arising from inter- est, discount and exchange are debited and credited to the accounts which represent the notes or drafts. Exchange is the name of the account kept with the premium and discount on bills of exchange ; not with the bills themselves, because they are treated as cash. Freight is sometimes charged separately, so that the merchant may know how much that item costs him in the course of the year. Properly it belongs to the merchandise account, though many class it with expenses. In a railroad or steamboat office, the freight account is one of the most important accounts on the books. Commission. — The merchant seldom keeps an account with commission, except when he makes by it, and it is then creditor. When he pays commission for buying goods, the charge is included in the invoice, and merchandise is debited with the amount of the invoice in full ; wh(>n he allows a commission on consigned ^oods, it is deducted from the proceeds, and he credits his ship- jient with the net proceeds. See Account Sales. The commission allowed to brokers, either for buying or selling j-oods is charged to expenses, except when the merchant is par- ticular to know what that item costs bira, and then an account is opened with itself. Bills Payable is the name given by a merchant to notes made ^d issued, and drafts accepted by him. The object in keeping a bills pr ' le account is to enable the merchant to know i 140/ FOUNDATIONS OF SUCCESS the amount of his outstanding obligations, The credit side shows the amount of notes issued and drafts accepted by him ; the debit side che amount redeemed; and the difference the amount outstanding. This account with bills payable is also kept in tlfe bill-book, the balance of which should correspond with the balance of the bills payable account in the ledger, when the books are fully posted. '4' ■ Ifi ACCOUNTS FOR I^NUFACTURING. The difference betv/een mercantile book-keeping and that for manufacturing consists rather in the kind of books used, and the accounts kept, than in method. In the former business the hands employed are not so numerous as to call for a class of accounts adapted to their use; in the latter, the number is usually so great as to call for a book in which to keep their time, v/ages, etc., called a Time Book, and another in which to keep separate accounts with the hands, called a Hands' Ledger. The forms of these books are given further on. When the hands work by the piece a time book will be unnecessary. They are then credited directly from the foreman's report-book, for the amount of work done, and afterwards debited for the wages paid to them. Besides the hands' ledger and time book, each Avork- man has a. pass-book, in which he is credited with the work done and debited with the wages paid to him. The pass-books are left with the book-keeper a day or two before pay day, and returned to the hands, with their wages, on pay day. The accounts to be kept depend upon the character of the business. Generally it will be necessary to open an account with hands, materials, tools and machinery, fuel and manufac- tures. Sometimes separate accounts are kept with the various I 'ids of material, as in furniture business, in which accounts are occasionally kept with lumber, hardware, etc. Manufactured goods bought for sale are properly mei-chandise, and should be AND LAWS OF TRADE. 141 the ■paid orlv- lone i are and the jovmt lufac- Ivious bs are Ituved lid be treated as such, in order to separate that part of the business from the manufacturing. When repairs are made or jobbing done, an account is kept with " Shop," or " Jobbing," and charged with the labor or mate- rial consumed, and credited with the proceeds of the jobs. The accounts to be opened in some of the leading branches of manufacture may he summed up as follows : ACCOUNTS FOR FURNITURE. Tools and Machinery, Material, Office Furniture, Fuel, Hands, Chattels — including Horses, Wagons, etc., or, in their absence. Transportation. When it is desired, accounts can be kept separately with the various kinds of material, as already stated — ^with Lumber, Hard- ware, Glue, Veneers, etc. ACCOUNTS FOR A FOUNDRY. Accounts may be kept with Tools and Machinery, Office Fur- niture, Improvements, including Furnaces, Pig Iron, Scrap, Sand, Patterns. Fuel, Hands, Chattels or Transportation, and Manufac- tures ; which may also be divided into Stoves, Hollowwaxe, Solid Castings, etc. ACCOUNTS FOR A MACHINE SHOP. The accounts may be Tools and Machinery, Office Furniture, Improvements, Castings, Hands, Fuel, Manufactures, or, instead of manufactures, the various machines made, if not too numer- ous ; or accounts may be kept with one or two of the principal machines, and with Manufactures for the rest. ACCOUNTS FOR CARRIAGE OR CARRIAGE AND WAGON FACTORY. Tools and Machinery, Office Furniture, Hands, Expenses, Ma- terial, or, in its stead, Hardware, Paints, Varnish, etc., Leather, Lumber, Wheels. An account may also be opened witli " Shop." Ill uz FOUNDATIONS OF SUCCESS I; 'I ji I 'I Ni I Separate accounts may also be kept with each carriage manufac- tured, though in an extensive concern, that might be attended with inconvenience, or occupy too much space in the ledger. ACCOUNTS FOR PRINTING BUSINESS. Accounts may be kept with each department, as Newspaper, .Book and Job Room. When the business is conducted on a limited scale, accounts may be kept with Presses, Type, Ink, Pa- per, etc.. Furniture, Hands, Expenses,' Job Work, Book Work, etc. The accounts Book Department, Job Room, etc., should be cl i,rged with the cost and expenses of each, and credited with all work to be done, and, at the time of closing the books, with unfinished work. The expenses which cannot be charged to any particular department may be charged to a general expense ac- count. Should the proprietor want to divide the e expenses pro rata, he may have it done in a general statement. ACCOUNTS OF FARMERS. ihere is probably not one farmer in ten thousand who keeps a set of accounts from which he can at any moment learn the cost of anything he may have produced, or even the cost of his real property. A very few farmers, who have been brought up to business habits, keep such accounts, and are able to cell how their afFaii's progress, what each crop, each kind of stock, or each animal has cost, and what each produces. Knowing these points, a farmer can, to a very great extent, properly decide what crops he will grow, and what kind of stock he will keep, as his ac- counts enable him to decide accurately what crops are most suit- able to his soil, and what stock and crops pay him best on his land. He will thus be able to apply his labor and money where it will do the most good. He can weed out his stock and retain only such animals as may be kept with profit. For the want of such knowledge farmers continue, year after year, to feed cows that are unprofitable, and frequently sell for less than her value one that is the best of the herd, because she is not known to be I- I, if j ""'' ^''S OP TBADE. «ny better than the rest. V,,, ■ . "' «-. keep of ,vhieh cost, C t Lt^.w '1 "^^ '""'''''J ^'o-^k. ' ■ ^'h'ch as has been proved bv fl \ "' ^'^"-'"■^'' ""in-al. • Py a large profit on'thei keifn^T''* ""™' ^"^ '"'^''^'^^''' they ~s^, poor crops a,-e raS ^" ^'''"* "^ k»o-ing ,vhat Provded the farmer's laboT it f^ '^ ^""^ ''' <"■ -'"«! loss ^<: W been paying h;, ^ , f;^™"»« ^ n-mber of yeara, while f -any a fa^er who has ac la llvT ""f ' "°"''' °P» "'e "ye _ -^onv-nee him that there T ' "^ '? ''"'""■""•«■ ""d it would accounts. '" ^''"'e value in &g,,.^ ,„j ^^^^^ ha.Tow,„„ twiee a. ,„„eh for 2r w '" '™ P'^""? and f "I'on the cost of his fa™ , ' "^ ="''^'" ''" ^°t<=- bushels per acre. Nor is ;/?' "^ "'='«'*'""■ ^'o raises fort that makes one hnn^'a ;« tTr ^ "•"™ '^ ™^- I h'« pork costs him t-ice as n„ , ^ "'^' °* P"* » a year tW hut half as much as that oftslielVb^ "T "^ '^"^ '^^^ » hundred pounds at a year old ^ '""' "''"^^ P'^ Weighs thre" n all these things were cIcarJv » , j ■" an account-book! and we t s^ th^ " '"""^ "P™ ^ P-'ge -dden awakening to the nnp.oS ''' T"" "* "<" °4 a an numediate remedy wouhrbe ^ ^ t "^ '^■™'"°"- ^- es.st evidence of this kind if it were Ic k "° P""^™ ~"'<1 t" h.m. If storekeeper, mcrcwT, '"""S''' P'^'^'y home aeconnts, they could not possTbW °" "''"»f'«=""-«« kept "„ r ""^ ■^--- 'he farmcrrbui^rr ft '"'^*"-- -" i he can still go on working in ^h d^ ^ '""'' ''''^ 'hat opiK^rtunitics of bettering hi, tj'!:'^"""' 'hrowing away Profite. S "-^ """dition and increasing h^ I i w t. I. I' 'V* f n I fi , 144 FOUNDATIONS OF SUCCESS TIME-BOOK. For the Week Ending Nov. 9, 1876. Names. M i 1 1 1 1 T W 1 1 1 1 h T 1 1 1 1 F 1 1 1 S i 1 1 I s ^ 6 5* 6 1) . Am't Am't Paid. Am't Due. Remarks. Thomas Davis Hdwin Orr James Day Tom Potter David Hartson 2i 2 ^ 6 8 8 2i 2 50 2 00 2 75 2 25 2 00 11 25 12 00 22 00 18 00 5 00 11 25 12 00 12 00 12 00 5 00 7 00 6 00 1 Drinks. Sick. 52 25 On pay day the clerk pays the hands in the order in which their names occur in this book, checking each amount as he pays it. When done, he or the book-keeper charges the amount to "Hands" or "Wages" in the cash-book, and check -marks it accordingly. The hands who are not paid in full are credited in the hands' ledger with their wages, and debited with the cash paid them. The three last columns in the time-book should be footed up on each page and forwarded. Before balancing books the book-keeper can then credit hands' account with the amount due the hands, and debit expenses. When men work by the piece, a suitable book is kept for recording the quantity of work done. They are then credited in the hands' ledger for their wages, and charged with the amounts drawn. The forms of books kept for piece work are so variable and simple that we shall not encumber our pages to insei-t one here. Where there are many men, and they finish their jobs or complete their work daily, a regular form book will be necessary. HANDS' LEDGER. H. H. NATT, Dr. Cr. Kov. By Wages, To Cash, . By Wages, To Cash, . 15 12 00 00 20 19 00 00 AND LAWS OF TRADE. 145 LAWS OF PARTNERSHIP. ire to ok 1 00 loo Partnership is a voluntary contract between two or more per- sons for joining together their money, goods, labor and skill, or any or all of t\v m, for the purpose of cariying on a lawful busi- ness, under an understanding to paiticipate in the proiits in cer- tain proportions. Persons whose names appear to the world as partners are termed ostensible partners. An ostensible partner who has no interest in the firm is called a nominal partner. A nominal partner is liable for all the debts and contracts of the firm. One who has an interest in the firm, but whose name is not published as a partner, is called a silent partner. Any one who permits his name to be used in a firm; or who shares the profits of the business, is liable to the world as a part- ner. Each individual of a firm is liable for the whole amount of the debts of the concern. The acts of one partner bind all the others when done in pur- suance of the business of the firm, and in the usual course of that business; but any act not required by the nature of the business will not bind them. One partner cannot bind his co-partners by an instrument under seal, unless he is authorized by an instrument under seal to do so. Persons who are associated together in trade or business, as co-partners therein, are, by law, required to register a declaration of such partnership in the Registry Office of the riding wherein such partnership business is carried on, within G months of the formation of such partnership, under pain of the forfeiture by each member of the partnership of $200, to be recovered in any court of competent jurisdiction by any person suing therefor, the 146 FOUNDATIONS OF SUCCESS mor.ey recovered in any suit goes oue-lialf to tlic crown and one- half to the person suing therefor. '1 .1 I' M 1 . I! i FORM OF DECLARATION. Province of Ontario, ) We, the undersigned, of the County of ) of , in the County of hereby certify that we have carried on, and intend to carry on, trade and business as (description of business or trade), at (name of place), in partnership, and that the said partnership has existed since the day of , one thousand, eight hundred and , and that we are, and have been since the said day, the only members of the said partnership. " Witness our hands at this day of , one thousand, eight hundred ard Witness, ) A. B. E. F. f CD. Any person who is not associated with any other person in his trade or business, but who uses as his business style some name or designation other than his own, or who uses as his business style, his own name with the addition "and Company," or some other word or phrase indicating a plurality of members in the firm, shall, under pain of the forfeiture of $100, to be recovered in the same manner as the sum of $200 before named is recovered, cause a declaration to be registered as aforesaid, which may be in the following fona: DECLARATION. Province of Ontario, \ I, ( name of party ), of the County of 3 of in the county of ( occupation ), do hereby certify that I am carrying on busi- ness at the of , aforesaid, under the name, style and firm of "A. B. & Company," (or as the case may be), as a dry goods merchant, and that there is no other person it: AND LAWS OF TRADE, U7 his ime less )me the sred sred, be 3US1- lame, i), as jrson associated with me iii Ksaid business as a partner therein. Witness my hand (as above), Witness .B. } Upon the dissohition of any partnership, any member of the same may sign and f > a declaration of such dissolution. Such declaration may be in e following form : DECLARATION OF DISSOLUTION. Province of Ontario, \ I, A. B., formerly a member of the firm County of ) carrying on business as (dry goods mer- chant), at , in the County of , under the style of (style of late firm), do hereby certify that the said partnership was, on the lay , in the year one thou- sand, eight hundred and , dissolved. Witness my hand, &c., (as above), HEADS OF CONTRACT FOR ARRANGEMENT. 1. Designation of parties. 2. Description of business. 3 Commencement and duration. 4, Style or firm. 5. Place of business. 6. Shares of profit and loss. 7. Capital and propor- tions to be advanced. 8. Banker and checks. 9. Interest on capital. 10. Drawings out. 11. Rent of premises belonging to any partner. 12. Expenses. 13. Clerks, etc. 14. Account keeping and period of stock-taking and balancing. 15. Limita- tion of power to give credit after notice by a partner. 16. As to compounding debts. 17. What bills partners may draw. 18. Whether they may become surety for another party. 19. Power of expulsion. 20. Provision on death or retirement, and as to purchasing share, etc. 21. Arrangements on dissolution. 22, Arbitration in disputes. MEMORANDUM OF AGREEMENT. Memorandum of agreement made this 18 , between \\ i. .1 i'l' if: f ; ip I! I* i!:t 148 FOUNDATIONS OF SUCCESS A. A. of , and B. B. of , whereby tli© said parties agree to enter into partnership as for years, from , under the firm of A. & B.: That (here concisely narrate conditions.) And the said parties agree forthwith to execute articles of copartnership, containing the above conditions, with the provisions usually inserted in such deeds ; as witness the hands of the parties the day and year first aforesaid. A. A. •p p CIRCULARS. Montreal, IS . Sir, We beg leave to inform you that we have this day established a General Commission business, under the firm of A. B. & Co. As to our standing and means we solicit your attention to the references at foot, and submitting to your notice our respective signatures, we are, etc. A. A., B. B. ¥r. A. A. will sign A. B. & Co. Mr. B. B. " " A. B. & Co. References: Messrs. C. & Co., Liverpool; D. &; Co., ifamburg; E. & Co., New York; S. & Co., London, Eng.; B. B. & Co., New Orleans. Sir, We have the pleasure to inform you that we have this day formed a co-partnership with Mr. A. B. (son of our late friend and partner, Mr. J. B.) and that our business will hence- forth be carried on under the firm of C. B. & Co., for whom we respectfully solicit that consideration and confidence hitherto extended to our late firm of C. & Son ; and, referring to our sig- uatures at foot, we remain, etc. J. C, A. B., F. F Bankers, Messrs. Barclay & Co. Sir, We h g to acquaint you that our late partner, Mr. A. A., has retired from our firm by mutual agreement, and that we, the undersigned B. B. and C. C. continue to carry on the business of" under the firm of B. B. & Co. Respectfully referring you to our signatures, we are, etc AND LAWS OF TRADE. 149 [ate ice- we 5rto 3ig- A., I the IS of' lyou Sir, It is with much regret that I have to infonn you of the decease of my friend and partner, Mr. A. A., which took place on ' . As managing partner, and executor of Mr. A., the charge of liquidating the affairs of the firm devolves upon me, and in the discharge of this duty I shall henceforth sign, "A. i ANOTHER FORM OF SPECIAL CO-PARTNERSHIP. This Indenture, made this day of , A. D. , by and between A. B., of , in the county of , and Province of , and C. D., of , in the county of , and Province Aforesaid, Witnesseth : Ist. That the said parties covenant and agree to and with the otJier, as follo^vs : 2nd. That a limited partnership for the purpose of prosecutino the business 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. , upon the terras, provisions and conditions herein contained. 3rd. That said D. shall furnish a capital of dollars in cash, and shall at his own expense procure the services of a competent person, satisfactory to said B., as book-keeper. 4th. That said B. shall also furnish a capital of dollars in cash, or in stock at a fair cash valuation, and shall give his per- sonal and undivided attention to the business of the co-part- nership. 5th. That said business shall be carried on for the common ben- efit and at the common risk and expense of the parties, excepting that the said D. shall in no case be or become liable beyond the amount of dollars, to be by him furnished. Gth. That the not profit of the business shall be shared equally, and his share passed to the credit of each party, on his indi ridual account, in the books of the co-partnership, when the amount thereof shall be ascertained upon the yearly settlement. That an allowance of per cent, interest shall be made upon all such profits not withdrawn, and advances made by either party to the co-partnership. 7th. That said B. shall be at liberty to draw out the sum of dollars, and no more, in each year. 8th. That an account of the co-partnership property and effects AXD LAWS OF TRADE. 106 of whatever nature shall be made in the month of in each year ; or, if then omitted, at the earliest convenient season there- after, at the request of either party, and an estimate shall then be made of the result of the business of the preceding year. 9th. That said D. shall at all times have access to the books, accounts, and papers of the co-partnership personally, or by his agent or attorney ; that he or they may take, or cause to be taken, copies or abstracts thereof at any and all convenient times ; that a junt and truo statement of the aftairs of the co-partnership shall, so far as practicable, be furnished to him at his request at any and all convenient and reasonable times ; and that all important information respecting the affairs of the co-partnership shall be imparted to him pi'omptly, and without reserve. 10th. That whenever the outstanding liabilities of the co-part- nership shall amount to the sum of dollars more than th(^H' are available means to meet, no further liabilities shall b.- incurred, excepting to fill orde"^3, without the written consent of said D. 11th. That said B. shall not give or indoise any notes, or accept any bills or orders, beyond the amount of dollars outstanding at any one time, without the consent of said D., except for the value actually received to the use of the co-partnership, and in . i usual course of dealing ; nor directly or indirectly render the co-partnership liable in any matter or tiling not concerning their business, nor give credit for any merchandise to any person whom he has been advised by said D. not to trust. 12th. That upon the termination of this co-partnership by lapse of time an account of the stock, property, assets and liabil- ities of the co-partnership shall be taken, and the value of the claim, share and property of each party therein shall be esti- mated, and it shall be optional -with said B. to give said D. three notes upon nine, eighteen and twenty-one months, for the amount 160 FOUNDATIONS OF SUCCESS I I I' .'In • I of said D 's share of the property and claims upon said co-part- nership, with interest, with good security, and continue the bu '- ness on his sole account and for his own benefit and use. 13th. That in case aii} (juestion shall arise between the parties the same shall be rticrred to three persons, to be agreed upon by the parties, whose decision shall be conclusive, and in case of any alleged breach of the terms hereof, reference shall be made as afore- said 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 co-partnership ; and if so, then the co-partnership hereby established shall be determined ; and the aggrieved party shall be at liberty to advertise 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 co-partnership. 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. [l. s.] C. D. [L.S.] RENEWAL OF PARTNERSHIP, TO BE ENDORSED ON THE ARTICLE. Inasmuch as the partnei-ship formed between the subscribers by the within agreement will expire on the day of , it IS HEREBY AGREED that the same be continued, upon the same teiins in every respect as is within mentioned, for the further toT-m of from the said day of Witness our hands and seals, this day of , one thou- sand, eight hundred and J. D. R. R. AGREEMENT TO DISSOLVE A PARTNERSHIP, TO BE ENDORSED ON THE ARTICLE. * We, the undersigned, do mutually agree that the partnerehip • A dissolution of co-partnership should be published immediately after it takes place, aud a special uoti'. •* sent to those who have dealings witu the company. AND LAWS OF TRADE. 107 formed between us by the within article be, and the same is^ hereby dissolved, except for the purpose of the final li(iuidation and settlement of the business thereof; and upon such settle- ment, then wholly to determine, f Witness our hands, etc. (as in Renewal of Partnership.) NOTICE OF DISSOLUTION OF PARTNEIISHIP. Notice is hereby given, that the partnership lately subsisting between A. X. and C. L., of , under the firm of X. &; L., expired on the day of [or was dissolved on the day of , by mutual consent,] A. X. is authorized to settle all debts due to and by the com- pany. A. X. C. L. NOTES, BILLS, ORDERS AND RECEIPTS. A promissory note is an absolute engagement in writing to pay a specified sum at a certain time to a person named, or to his order, or to the bearer. The signer of the note is called the maker ; the one to whom it is made payable, the payee ; and ': t to whoui the payee makes it payable by endorsement, is called the endorsee: ho who endorses the note, the endorser. A, consideration must be given for a note to make it valid, as between the maker and payee ; but any one who has given value for it, before it had become due, and not knowing that it was originally made without consideration, can recover on it "against all the antecedent parties to the note. The words "value received" should ba inserted in a promissory note, so as to express a consideration for the promise, though such words are not legally necessary. + The agreement to dissolve should state whether one or all the partners are authorized to sign the name of the firm in the liquidation and settlement of its business ; and if less than the whole, the name or names of those who may do BO. See form of Assignment by one partner to another, which can be used for a dissolution. wmesm PVi 168 FOUNDATIONS OF SUCCESS But Po who receives a promissory not3 for a consideration before given, for instance, as security for a precedent debt, does not give value for it, and is in no better position than the payee. A negotiable note is one that is transferable by endorsement or delivery. A note negotiable by the laws of the country whei-e it is made is negotiable elsewhere The most usual methods of drawing notes are on demand, or at a certain time after date ; either payable only to the person named, or to his order, or to bearer. A note payable to the person named, where the woi'ds, to order, or to hearer are omitted, is not negotiable ; if payable to order, it is negotiable by the payee endorsing it by writing his name on the back of the note, in which case the payee is liable to the holder if it is not paid by the maker, provided he have due notice thereof. If payable to bearer, the holder can demand r v^ent without endorsing it. Any payee who desires to transfer a note by endorsement, without incurring any responsibility, can do so by endorsing the note in this manner : "Without recourse to me, George Smith." If he wishes to make it payable to a third party specially, he can do so by endorsing it thus : "Pay the within to John Jones, or order, John Brown." Jonn Jones must then endorse it in order to transfer it to anot' .r person. > note running thuo : "I promise to pay," and signed by iv/o parties, is joint and several, and may be collected of either party; if it is desired to make only a joint note, write it thus: We jointly and not severally promise." If a note is made payable to the order of two or more persom who are -101 partners, they must each and all endorse it, m order to make a. valid transfer. A note negotiated after :t is due is subject to any offset the maker o^"' the nc o may have again- 1 the person to whom it is made payable. The words "without defalcation or discount," must be inserted AND LAWS OF TRADE. 169 in notes iix New Jersey and Pennsylvania. In those States a note in which these words are not inserted is subject to the same disabihties as a note that is past due. Promissory notes are entitled, like bills of exchange, to three days of grace, and pa^Tnent should be demanded on the last day of grace. A note falling due on a Sunday is payable the day ful- lowincj. A note should be presented for pa;ftftent on the day when it falls due, and if not paid, notice should bo immediately given to all the endorsers to whom the holder intends to look for payment. If this is not done they will be discharged from their liability. If the words "with interest" are omitted from a note, it will not di*aw interest before the time at which it is due. If it is not paid when due, it will draw legal interest from that time. If the note is payable on demand, it will draw interest from the time payment is demanded. The holder of a note need not accept a sum less than the whole amount due, but if he does, he should credit the amount received on the back of the note. The rate of interest allowed on money past due, is 6 per cent., unless some other rate is stipulated for. When a note has been lost, it is advisable to give the fact all the publicity possible, so that the public may be prevented from purchasing it ; yet if it gets into the hands of one who paid value for it in good faith, and before it is du. ' ^ must be paid, unless its negotiation has been accomoli&hed by forgery. PARTIES TO A BILL OR NOTE. A., who makes a bill, is called the draive< , B., to whom it is addressed, the draiuce; and C, in wh.se favor it is made, the imyee. If the drawee accepts the bill, he is termed the rtctY'^> J _ An indorsement cancelled by mistake does not discharge the mdorser. t> <- When many payments have to be indorsed on a note, a space on the right should be reserved for the payments in figures, so that they can be added conveniently. CO aj o t ft H < S 1-1 w cc (4 O ft Q I— I ^ 2 W 5 3 u 3 O 3 O CO •-9 o t3 (-1 o I* 02 o ft 1^ Hi O Ah W W H P o o < H o o ft o 4) 2 O lU a M IS » O o y M -a o ^ -a 00 eo W 2 4) ^ a o . «* • 1-4 CQ U b « re Ph " (1| 00 FORMS OF NOTES AND DUE BILLS, The following are the usual notes: forms of Negotiable i'/omissory 172 FOFNDATIONS OF SUCCESS $700. Montreal, Jan. 1st, 1877 Six months after date, I promise to pay John Smith, or order, seven hundred dollars, at the Bank of Montreal, here, value received. Peter Bbown. $300. Toronto, Jan. 1st, 1877. On demand, I promise to pay William Moore, or order, three hundred dollars, with interest, value received. James Hudson. Bills and notes containing a memorandum of the deposit of collateral security, such as a deposit of stocks, etc., are valid. $G00, London, Jan. 1st, 1877. Thirty days dtter date, I promise to pay K. L. Bowman, or order, six hundred dollars, for value received ; I have deposited with him as collateral security (with authority to sell the same on the non-performance of this promise), seven shares of the Merchants' Bank of Canada. James Howard. Bills of exchange and notes of hand payable by instalments, are valid ; and suit may be commenced on failure of the first payment. $800. Stratford, Jan. 1st, 1877. Value received, I promise to pay to the order of John Ward, eight hundred dollars, as follows: two hundred dollars in six months ; two hundred dollars in nine months ; four hundred dol- lars in tAvelve months from the date hereof, with interest on all said sums. Andrew Jackson. A note of hand, payable to the drawer's own order, is made negotiable by his indorsement. $200. London, Jan. 1st, 1877. Three months after date, I promise to pay, to my own order, two hundred dollars, value received. Schuyler Smith. AND LAWS OF TRADE. 173 Bills of exchange or notes of hand which arc not negotiable (not being payable to order or bearer), are perfectly valid between the original parties. ^^^' Montreal, Jan. 1st, 1877. Four months from date, I promise to pay Messrs. L. Smith & Bro, wiic hundred dollars, value received. Henry Gray. 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 jomtly 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. ^^^^- London, Jan. 1st, 1877. ' For value received, we promise to pay John Smith, or bearer, five hundred dollars, on demand, with interest. Geo. Brown. Jno. Fields. DUE BILLS. London, Jan. 1st, 1877. Due on demand, to Schuyler Smith & Co., one hundred dollars, value received. George Thomas. Stratford, Jan. 1st, 1877. Borrowed and received of George Ray, two hundred dollars which I promise to pay him, or order, on demand, with interest! Horace Brown. Due, on demand, to William Baker, or bearer, two hundred dollars, to be paid in goods, January 1st, 1877, value received. James Davis. FORMS OF FOREIGN AND INLAND BILLS. Por^ign bills are drawn in sets-that is, copies of the bills are r' 1— ™^ 1 ■ II t ft I' ! 1 i i M ■ h i li''- il III i' I !'■ 174 FOUXDATIONS Oy SUCCESS made on separate pieces of paper, each one containini^ a condi- tion that it shall continue payable only as long as the others remain unpaid. FOREIGN BILL OF EXCHANGE OR DRAFT. . Exchange for £500. Quebec, Jan. 1st, 1877. Twenty days after sight of this first of exchange (second and third of the same tenor and date, unpaid), pay to the order of James Doe, in London, five hundred pounds sterling, value received, and charge the same to account of Wm. Smith. To Messrs. Bates, Baring & Co., London. INLAND BILL OF EXCHANGE OR DRAFT. $400. London, Jan. 1st, 1877. At sight, pay to the order of John Smith, four hundred dollars, value received, and charge the same to account of yours, etc. To Mr. John Stevens, Hamilton* Geo. Brown. $300. London, Jan. 1st, 1877. ' Sixty days after date, pay to the order of Horace Ticknor, three hundred dollars, value received, and charge the same to our account. To Mr. John Smith, St. Catharines. Allen & Co. $200. Hamilton, Jan. 1st, 1877. Ninety days after date, pay to the order of Jeremiah Gore, Esq,, at the Merchant's Bank, here, twb hundred dollars, value received, and charge the same to the account of John Dempster, Esq., as per advice, or without further advice. Jones & Sibley. To Messrs. Johnson & Co., Toronto. Note. — In the State of Pennsylvania 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, etc., AND LAWS OF TRADE, 175 may be given at any time before maturity, as well as protest and non-payment of the same after maturity. In all such cases of omission, such notes, etc., shall be held to be payable and protest- able 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 protestable at the place where they are addressed to the drawer.-Za^ of Pennsylvania, 1849. Notes bearing date in the city or county of Philadelphia, must contain the words, "without defalcation or set-off." In Missouri, notes which express on their face to be for "value received, negotiable, and payable without defalcation," are rendered negotiable in like manner as inland bills of exchancro In Indiana, notes are written, "without any relief whatever from valuation or appra's ^ment law ,." In Ohio, a promissory note, payable to a person, or bearer is negotiable by delivery, without indorsement. The mere indorse- ment upon a note of a stranger's name in blank, if, prima facie evidence of gvMvantee. To charge a person as maker, there must be proof that his indorsement was made at the time of the execution by the other party ; or if afterwards, that it was in pursuance of an agreement or intention that he should become responsible from the date of the execution, which intention may be proved by parol evidence. If a promissory not. ' . signed by oneof the partners on a con- tract, on account of the firm, in this form, A. B., for A. B. & Co the firm will be liable. ' ' ' A memorandum written on a note i- .hesc words, "for value received, I hereby acknowledge this note to bo due, and promise to pay the same on demand," and signed in the presence of an attesting witness, prevents the operation of tlu ^Uute of limi- tations||A .BOP-ROWED AND RECEIVED. In case a merchant borrows a sum of money for a short time, 17G FOUNDATIONS OF SUCCESS his book-keeper should fill out a blank form for his employer to sign. It is not correct to give a common receipt, as that might be construed by parties not aware of the transaction. The fol- lowing is a good form : $1 500. London, Ont., Oct.. 15th, 1877. BORROWED AND RECEIVED, OP Schuyler Smith & Co., Fifteen Hundred Dollars, which I promise to pay on demand, with interest. BOSWELL JOHNSON. BILL— 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. A bill should be presented for acceptance at the residence or usual place of business of the drawee, without regard to the place where it is drawn payable, because 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 from thence, the holder should endeavor to ascertain the actual domicil of the drawee, and present the bill at that place. If the holder is unsuc- cessful in his inquiries, he may protest the bill as dishonored. The temporary 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 ilfj^ drawer and indorsers ; altliough such absence, luhen the hill is due, is a refusal to pay, and authorizes a protest. M I • AND LAWS OF TRADE. HI t The presentment should be to the drawee himself, or to hia authorized agent ; and|if he refuse, and the bill has been address- ed to another person, then presentment must be made to that person; otherwise the drawer or indorsers w^llnotbe chargeable. If the bill has been addressed to two or more persons not in partnership, it must be presented to each. If the drawee has left the country, it will be sufficient to pre- sent 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 present 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 holidays. The drawee should accept or ref u.-^e 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 twentv-four hours to consider whether he will accept it or not. But in this the holder may use his own dis- cretion. It is not incumbent on the indorser to inform the holder where the maker is to be found. [I le Ir BILL— NON-ACCEPTANCE— WHEN NOTICE IS NECESSARY. Wliere the drawee refuses to accept a bill, the holder should give immediate notice of the fact to the drawer and ind<.)rsers, or such of them as he intends to look to for payment. The rules as to the form, .time of notice, etc., apply as in the case of notice for non-payment. In what cases it is necessary to have the bill protested, will be stated hereafter. The draw^er of a bill may be immediately sued after notice of W i'Wl 1 1, 1 Uf U :'. m 178 OUNDATIONS OF SUCCESS non-acceptahcc. If, nowever, the bill be presented and accepted, the holder obtains the additional security of the drawee. BILL OR NOTE— 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 appointed 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, h /er well known, wiH not excuse the neglect to make due presentment. If he be dead, presentment must be made to his personal repre- sentative, whether executor or administrator and if there be neither, then at the house of the deceased. Where a note is made payable at a particular place, as at a certain bank, it is sufficient foi 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 pre- sentment ought to be made to the maker personally, 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 business, 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, provided it be known, or can by due dili- gence be found. Where the maker abandons his business and residence, and removes into another country before the maturity of the note, the holder is not bound, in order to charge the indorser, to demand payment of the maker in the country to w^hich he has AND LAWS OF TRADE. 170 removed ; but he is bound to demand payment at the maker's last residence or place of business, if he can find it by the use of due diligence. Where a note is dated, and delivered in one country, 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. If the holder of a note makes diligent, though uusuccssful inquiries, to ascertain the maker's residence at the time the note falls due, it is sufficient, and will be as effiictal as an actual pre- sentment. The holder must have the note in liis possession, ready to be delivered, when the presentment for payment is made. DAYS OF GRACE IN CANADA AND THE UNITED STATES. In Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edwards Island, Newfoundland, British Columbia, Manitoba, or the States of Maine, New Hampshire, Massachusetts, North Car- olina, South Carolina, Alabama, Indiana, Kentucky, 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 thi-ee days' grace on sight drafts is said not to prevail in the States of Vermont, Rhode Island, Connecticut, New York, New Jersey, Pennsylva- nia, Delaware, Maryland, Virginia, Georgia, Mississippi, Missouri, Tennessee, Illinois, Ai'kansas, California and Florida. No days of grace are allowed on drufts, notes and checks, pay- able on demand. ' " Where days of grace are by law allowed on bills or notes, they ' are not considered due until the expiration of the days of grace.* * Where a bill or note is made payable a certain number of months after date, the months are calendar months. Thus, a bill or note made on the 15th of Jan^ uaiy, and payable in two mouths, is payable on the 15th of March and grace, that is, on the IStl . Sl>. receipt FOR money RECEIVED ON ACCOUNT OF ANOTHER. $50.00. London, Oct. 1st, 1877. Received of Geo. Brown, fifty dollars, on account of John Strong. SAiiL. Stiles. RECEIPT OF PAPERS. Ottawa, Nov. 1st, 1877. Received of Jacob Brown, sundry papers, as follows : (liere describe them) which I promise to return to him, on demand. Geo. Brown. CERTIFICATE OF DEPOSIT. $100,00. No. 50. Merchants' Bank. Toronto, Sept. 1st, 1877. Smith & Co. have this day deposited in this bank one hundred dollars, to the credit and subject to the order of N. D. Thompson, on the return of this certificate. James Mahoney, Cashier. CORPORATIONS OR STOCK COMPANIES. The capital of incorporated companies or " corporations " is usually termed its capital stock, and the same is divided into shares of such value as is desired — generally from $5 to 3100, as the company may see fit to make them. The parties owning these shares are called stockholders. The management of incor- porated companies is genera' 'v vested in ofiicers who are elected by the stockholders, or sha.^- ulders, each stockholder usually being entitled to one vote for each share of stock he holds. The officers usually consist of a President, Vice President, Secretaiy, Treasurer ^d Board of Directors, who hold their oflices for one year. Tl:e .ckholders elect the Directors, and the Directoi-s elect the remaining officers. The profits of the company aro 188 FOUNDATIONS OF SUCCESS I . paid out to the stockholders once or twice a year, and are called "dividends," and when such dividends are declared, are a certain percentage of the par value of the shares. In .some companies, such as mining coiporations, where the shares of stock are only a few dollars each, the dividend is usually a fixed sum "per share." Certificates of stock arc issued by every company- signed by the proper officers, indicating the full number of shares each shaieholder is entitled to; these are transferable, and may be bouglit and sold as any other property. When the market value equals their face value they are said to be " at par." When they sell for more than their face value they are said to be " above par," or at a " premium." W^hei hey will not bring their face value they are " below par," or at a • discount." Quotations of the market value are usually made by a percentage of the certificates' par value. Thus a share which is 850 at par, and sells at §50, is quoted at 12 per cent, premium, or 112 per cent. There are a great many stock companies constantly before the people, attempting to induce capitalists to invest in them. A few of them return large profits, some a fair interest, but a large majority of them yield nothing but disappointment and loss. A corporation, if conducted on honest principles, is, perhaps, a safe investment, but, we regret to say, few are so conducted. The flaming advertisements that meet the eye on taking up a newspaper about this or that investment are meant for the unwary. Those who have "bit at the bait before" have no inter- est in that "investment." They have tried it to their sorrow. The advertisement is worded to attract the uninitiated — and it has been the means of even turning the heads of cautious men — but the hopes held out to those who become stockholders, are rarely, if ever, realized. If the company, by either good manage- ment or accident, should turn out to be successful and profitaljle, a combination of sharpers will soon be formed, and, by under- mining the smaller stockholders, the stocks held by them will AND LAWS OF TRADE. 189 soon be bought up at less than value, this being accomplished by chicanery, or sharp practice of some sort, and the company will then be under their control. There is more rascality ai.d thiev- ing covererought, or some memorandum or note thereof shall be in writing, and signed by the party to be clu.rged therewith, or hiome other person thereunto by him lawfully authorized." Contracts respecting the sale of goods on a certified value are governed by the seventeenth section of the same statute, which enacts, " That no contract for the sale of any goods, wares and merchandises for the price of ten pounds sterling or upwards shall bo allowed to be good except the buyer shall (1) accept part of the goods so sold, and actually receive the same, (2) or give something in earnest to bind the bargain or in part payment, (3) or that some note or memorandum in writing of the said bar- * This refers only to agreements which cannot be performed (from the nature of the subject-matter or from the expressed intention of the parties) within a year, and not to agreements which may be performed within one year, as where the performance depends upon a contingency which may or ma^not happen within a year; and it does not refer to agreements which may be performed on one sid* within the year, though the^ther party caisiiot perform his part within the year AND LAWS OF TRADE. 19: gain be made and signed by the parties to be charged by such contract, or their agent thereunto lawfully authorized." A com- pliance with any one of the above formalities is all that the seventeenth section requires. CONTRACTS— CONSTRUCTION OF 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 instru- ment is to be viewed and compared in all its parts, so that every part may be made consistent and effectual. The law does not, in general, require a formal contract, drawn up with technical pre- cision ; and the useless repetitions, which often encumber legal instruments, may always be omitted, as they give no additional strength to the contract. Where the language of an agreement is plain and unequivocal there is no room for misconstruction, and it must be carried into efiect according to its plain meaning. Ambiguities in deeds or other instruments are generally inter- preted against the grantor or contractor. So, where a ma.n 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 uncer- tainty ; but if he promises to pay without mention of time, it will be taken to mean on demand. And so, in an exception in a lease, if there be any doubt about the meaning of the exception, it shall be construed against the lessor. An agreement shall have a reasonable construction according to the intent of the parties. The defendant promised the plaintiff, in consideration of a wagon delivered to him by the plaintiflf, at the time of the con- tract, to break up for the plaintiff sixteen acres of new ground \l[--f 106 FOUNDATIONS OF SUCCESS Hi on or before a certain day. Held, tlmt the piece of j^.^and to be broken up, if not specified in the contract, might be designated by the plaintidl A sale for approved indorsed paper means in law a sale for paper which ought to be approved, and not for paper which the seller may approve. A party is bound, in the absence of any misrepresentation oi facts, by tiio legal effect of his contract, and he is presumed to know that legal effect, and to intend it to have it. Where a contraco is made for any building, it becomes a law to the parties, and they are both bound by it ; and whatever additions and alterations are made in such building, they form a new contract, either express or implied, without affecting the original contract, and must be paid for, agreeably to such nev,' contract. A local usage cannot be considered a part of a contract when it contradicts that contract. Contracts, valid in the place where made are valid everywhere, unless immoral oi- contrary to public policy. So contracts void by the law of the land where made are void everywhere. Remedies upon contracts and their incidents are regulated and pursued according to the law of the place where the action is instituted. • CONTRACTS— PERFORMANCE OF. A mere readiness of the debtor to pay his debt is not sufficient; he is bound to go to his creditor and tender it to him, in order to exonerate himself from liability. When a contract is to be performed within a certain time after date, the day of the date is to be excluded. i A contract to complete a work by a particular time, means that it shall be done before that time. An entire contract cannot be apportioned. If a party under- r AND LAWS OF TRADE. 197 take to complete a certain act, which is entire and indivisible, before his claim to remuneration is to accrue, he cannot recover on the contract for a partial performance, although the comple- tion of the act was prevented by inevitable accident. By a late Act of the Province of Ontaiio* all rents, annuities, dividends, and other periodical payments in the nature of income, shall be considered as accruing due from day to day, and shall be apportionable in respect of time accordingly. If a person is hired for 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 dis- missed without cause, he can recover for the whole term. And it is no sufficient cause for his abandofiing 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 woik, and furnish materials, and the work is done and the materials are furnished, but not according to the stipulations in the contract, if the work and materials are of some value and benefit to the other con- tracting party, the first pf^rty may recover as mtlch as his ser- vices and the materials were worth. A person who undertakes to perform a job of work by special contract must perform his contract before he is entitled to his pay. 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 ba entitled to a reasonable time in which to do the thing, after a demand made or notice given. A contract for the hire and service of an agent, clerk or sor- *37 Vic, cap. 10. (■••: 198 FOUNDATIONS OP SUCCESS MP vant, need not be in writing, unless, by the terms of the bargain, the employment is to extend beyond a year. When a promissor undertakes to pay a certain number of dol- lars in specific articles, he must deliver the articles on the day named, or he will be bound to pay the sum stated in money. CONTRACT— RESCINDING OF. In general, a contract cannot be rescinded, unless by consent of both parties, except in case of fraud. Where the contract is under seal, it cannot be rescinded, except by an instrument under seal. A party having the 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, etc., are neces- sary to revest the property in the original vendor, which were necessary to pass it from him to the vendee. TENDER IN PAYMENT OF A DEBT. A tender should be unconditional, and of a certain and defi- nite character. Where the defen'^^nt dt "nandcd a receipt, which the plaintiff" refused to give, it was held that the defendant has lost all benefit of tender. 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 plaintiff. A debtor should tender the full amount of the debt, with the interest and costs which have accrued. A tender of money moix. than is due is good for what is due, but not if you ask for change. A tender may be made by a third person, by debtor's desire, and on his behalf. It should be made in lawful coin or legal ten- der money ; and it is always safe to produce and show the money. A tender may also be made, after an action is brought on such 1 '■ i AND LAWS OF TRADE. 19i) le, re, \n- ch contract, of the whole sum due thereon, iv'^i the legal cost9 of suit incurred up to that time, provided it be made within the requisite time before the return day of tht 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 defendant a cortifinate, or not'ce thereof tc the offi- cer who has the writ; and if any costs are in uiTcd by the officer after the tender, and before he has notice thereof, the def^'idant must pay it. If a debtor tender to his creditor a sum of money, la 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 ard pass it to the debtor's credit upon the account, and the debtor does 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 si m a may be found due to him, exceeding the amount of the tender. DAMAGES FOR BREACH OF CONTRACT. The general rule of law respecting the measure of damages is, that where an injury has been sustained for which the law gives a remedy, that remedy shall be commensurate with the injury sustained. The geneial rule of damages on all contracts to deliver goods on demand is the difference in the value of the property at the time of the demand, and the time of the purchase. Where there has been a breach of contract without actual loss, the plaintiff* is entitled to a judgment for nominal damages and costs. The measure of damages, in an action for a failure to convey land according to covenant, is the value of the land at the time the conveyance was to be made. r ( 1 e- k U ' '!i 200 FOUNDATIONS OF SUCCESS In an action by the assignee against the assignor of a promis- sory note, the measure of damages is the amount paid by the assignee. Anticipated profits, or speculations in real property, cannot recovered as damages for a breach of contract. Actual exDendi- tures under the contract may be recovered. When one contracts to employ another for a certain time, at a specified compensation, and discharges him, without cause, before the expiration of the time, he is in general bound to pay the full amount of wages for the whole time. But in a suit for the stipulated compensation, the defeu^.^nt may show, in diminution of damages, that after the defendant had been dismissed he engaged in other business. Where the parties deviate from the term of a special contraet to perform work and labor, in an action for the work done, the contract price will, as far as applicable, generally be the inile of damages. When a party agreed to convey a certain tract of land for twelve hundred dollars, a part of which was paid down, and was to be received as part of the consideration money, if such purchase was completed — or, of the damage, if the contract was not performed — and the party covenanted, if he did not conform to his agreement, he would pay five hundre.^ dol- lars as a forfeiture. Held, that the sum was liqrvdated damages. 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. The proper criterion of damages for failing to deliver property accordin'' to contract is the difference in the value of such prop- erty at tiiu time and place fixed for its delivery, and the time and place of purchase. The measure of damages in case of loss of goods by common l;i; AND LAWS OF mADK. 201 can'iers is the wholesale price of the goods at the place whera they were to be delivered, deducting freight. In an action for the breach of a contract for the sale of land, the measure of damages is not the full conuact price, but the difference betv \n that price and the price for which the land would have been sold at the time of the breach. In respect to Penaltiea. When a certain gross sum is reserved in an agreement, to be paid in case of the non-pei-formance of such agreement, it is generally to be considered as a fcnalty, the legal operation of which is, not to create a forfeiture of that entire sum, but only to cover the actual damages occasioned by the breach of the contract. Calling a sum liquidated d.amagcs will not change its character as a penalty, if, upon the true con- struction of the instrument, it must be deemed to be a penalty. An unliquidated demand for damages is not a proper subject for set-ofF in an action at law. AGREEMENT FOR THE SALE OF FREEHOLDS, Articles of agreement made and entered into this day of ,18 , Between A. B., of, &c., {vendor) of the one part, and C. D., of, &c., (purchaser) of the other part. The said A. B. and C. D. do hereby respectively for themselves, their respective heirs', executors and administrators, agree with each other, That the said A. B. ?hall sell to the said C. D., and that the said C. D. shall purchase. All That, &c., (here describe the premises) with their appurtenances, and the freehold and inheritance thereof in fee simple in possession free from all incumberances, at or for the price or sum of $ to be paid by the said C. D. unto the said A. B. as follows, that is to say : the sum of S part thereof immediately after the signature of these presents, and the sum of $ being the residue of the said purchase money on the day of next, at which time the purchase is to be com- pleted, and the said C. D. shall, on and from that day, have actual possession of the said premises, all outgoings up to that time beln^ 202 FOUNDATIONS OF SUCCESS discharged by the said A. B. That the production and inspection of any deeds or other documents not in the possession of tlic said A. B., and the procuring and making of all certificates, attested, office or other copies of or extracts from any deeds, wills or other documents, and of all declarations or other evidences whatsoever, not in his possession, which may be required, shall be at the expense of the said C. D. That on payment of the said bums of $ andS at the respective times specified for the payment thereof as aforesaid, the said A. B. and all other necessary parties (if any) shall execute a proper conveyance of the said premises with their appurtenances.andthefrceholdand inheritance thereof in fee simple in possession, free from all incumbrances unto the said C. D., his heirs and assigns, or as he or they shall direct. That if from any cause whatever the said purchase shall not be completed on the sai day of next, the said C. D. shall pay interest at the rate of per cent, on the said residue of th' purchase money from that day until the completion of the purchase. In witness whereof the parties hereto have hereunto set their hands. Signed by the said A. B. and A. fi. C. D., in the presence of CD. E. F. AGREEMENT FOR THE SALE AND DELIVERY OF- PERSONAL PROPERTY. This agreement, made this day , one thousand, eight hundred and , between John Smith, of the of , in the county of , and province of , (occupation), of the first part, and Richard Brown, of the of , in the county of and province of , (occupation), of the second part Witnesseth, that the said John Smith, in consideration of the covenants on the part of the said Richard Brown, doth covenant to and with the said Richard Brown, that he will deliver to the said Richard Brown at [here insert place], in the town [village or 1 AND LAWS OF TRADE. 203 city] of [here insert the article to be delivered], on or before the day of next. And the said Richard Bro^vn, in consideration of the cove- nants on the part of the said John Smith, doth covenant and agree to and with the said John Smith, that he will pay to the said John Smith, at the rate of [here insert price agreed upon], so delivered, immediately after the completion of the delivery thereof. In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. John Smith. [seaL.] Signed, sealed and delivered in Rich'd 3iiowN. [seal.] presence of Miles Hawley, Ben Wiley. AGREEMENT FOR THE HIRING OF A CLERK OR WORKMAN. This agreement, etc. (as in General Form of Agreement, to the)* Witnesseth, that the said John Smith has agreed to enter the service of the said Ri<'hard Brown, as clerk (or journeyman), and covenants and agrees, >o and with the said Richard Brown, that he will faithfully, honestly and diligently, apply himself and perform the duties of a clerk (or journey n.an) in the store (or shop) of the said Richard Brown, and faithfully obey all the rea- sonable wishes and commands of the said Richard Brown, for and during the space of from the day of next, for the compensation of dollars per annum, payable And the said Richard Brown covenants with the said John Smith, that he will receive him as his clerk (or journeyman) for the term of aforesaid, and will pay him for his services as * No precise form of words is necessary to constitute a contract. The statute requires a note or memorandum, subscrilied by the parties. The contracts mostly in use in commercial affairs are simple (unsealed) contracts. 204 FOUNDATIONS OF SUCCESS 'S ' -it-,- such L . rk (or journeyman) the sum of dollars annually, in quarter yearly payments. In witness whereof, etc. (as in General Form of Agreement, which see). AGREEMENT TO SELL AND DELIVER CORD-WOOD. This agreement, etc. (as in General Form of Agreement, to) Witnesseth, that the said John Smith agrees to sell to the said Richard Brown one thousand cords of wood, all of it to be well seasoned, and to be of beech and maple only, and to deliver the same, securely corded, at the of the said Richard Brown, in the town aforesaid, for the price of dollars per cord, on the day of next. And the said Richard Brown, in consideration thereof, agrees to pay to the said John Smith, for the said wood, at the rate of dollars for each cord of wood, immediately upon the com- pletion of the delivery thereof. In witness whereof, etc. (as in General Form of Agreement, which see.) AGREEMENT TO SELL SHARES OF STOCK. IS agreement, etc. (as in General Form of Agreement, to) VVitnesseth, that, in consideration of the agreement of Richard Brown, hereinafter contained, the said John Smith agrees to sell, :ransfer and convey, to the said Richard Brown, on the day )f next, shares of the , now owned by the said John Smith, and standing in his name on the books of said company, ind to execute and deliver to the said Richard Brown all neces- sary assignments, transfers and conveyances, to assure and con- vey the same to the said Richard Brown, his executors, adminis- trators and assigns, forever. In consideration of which, the said Richard Brown agrees with the said )hn Smith to pay to him dollars for each share of the said capital stock, on the said day of next. AND LAWS or TRADE. 205 In witness whereof, etc. (a.s in General Form of Agreement, which see). AGREEMENT TO SELL GOODS IN STORE, This agreement, etc. (as in General Form of Agreement, to) Witnesseth, that, in consideration of the covenants on the part of the said Richan' Brown, hereinafter contained, the .said John Smith doth covenant with the said Ricliard Bmwn, that he will take of the said Richard Brown all his stock of goods, wares and merchandise, now being in his .store in th ; of , togeth«r with all the fixtures thereto belonging ; an account of such stock of goods, wares and merchandise, to be taken by the parties hereto in the presence of each other ; and the said John Smith agrees to pay for them at the invoice price ; but if any of 3aid goods be damaged, such damaged goods, together with the fixtures aforesaid, to be valued by two disinterested persons, ont of wlioni is to be selected by each of the parties hereto, and to pay for the same the value or price that the .said appraisers may agi'ee to set upon them as a fair valuatior. of tne same ; and that in days after the value of the said goods, wares, merchandise and fixtures can be ascertained as aforesaid, said value is to be paid by the said John Smith to the said Riciiard Brown. And the said Richard Brown, in consideration thereof, agrees to sell to the said John Smith the said goods, wares and mer- chandise pt the invoice price, and the fixtures and such goods as may be ^amaged at such price as the a])praisers appointed as aforesaid may fix and d ,rmine ; and make, execute and deliver to the said John Smith, a good and sufficient bill of sale and conveyance thereof. In witness whereof, etc. (as in General Form of Agreement, which see). AGREEMENT TO CULTIVATE LAND ON SHARES. ii\ This agreement, ete. (as in General Form of Agreement to) TTT 11 r 206 FOUNDATIONS OF SUCCESS ii Witnesseth, that the said John Smith agrees with tlic said Rich- ard Brown, that he will properly plow, harrow, till, fit and prt pare for sowing, all that certain field of ground belonging to tl.e said Richard Brown, which field lies, etc. (here insert description of the field), containing about acres, and sow the same with good , finding one-half of the seed necessary therefor, on or before the day of next ; and that he will at the proper time, cut, harvest and thresh the said , and properly winnow and clean the same, and deliver the one-half part of the said to the said Richard Brown, at his bam, on his premises, in the town of aforesaid, near his dwelling-house, within days after the saine shall have been cleaned ; and will carefully stack the one-half part' of the straw on the premises of the said Richard Brown, near to his barn aforesaid. And the said Richard Brown, in consideration of the foregoi .g agreement, promises and agrees, to and with the said John Smith, that he may enter in and upon the said field for the purpose of tilling and sowing the same, and of harvesting the crop ; and free ingress and egress have and enjoy for the purposes afore- said ; and that he will furnish to the said John Smith one-half part of the seed necessary to sow the same, on or before the day of next, and permit the said John Smith to thresh and clean L.i upon the premises of the said Richard Brown. In witness whereof, etc. (as in General Form of Agreement, which see ) AGREEMENT FOR THE SALE OF A HORSE. This Agreement, etc. (as in General Form of Agreement to). Witnesseth, that the said John Smith hereby agrees to sell to the said Richard Brown his horse, with a whita star in the forehead, and black main and tail, and to warrant the said horse to be well broken, to be kind and gentle, both under the saddle and in single and double harness, to be sound in every respect, and free from vice, for the sum of dollars, to be paid by the ■4 AND LAWS OF TRADE. g07 the )rse die ject, Ithe said Richard Brown, on tlie day of next. In consideration whereof, the said Richard Brown agrees to purchase the said horse, and to pay therefor to the said John Smith the sum of dollars, on the day of next. In witness whereof, etc. (as in General Form of Agreement, which see.) AGREEMENT FOR SALE AND PURCHASE OF FRUIT TREES. This Agreement, etc. (as in General form of Agreement to). Witnesseth, that the said John Smith agrees to sell and deliver to the said Richard Brown, at his dwelling house in afore- said, five hundred apple trees, two hundred and fifty peach trees, two hundred plum trees, one hundred pear trees, and fifty nec- tarine trees, all in good order for transplanting, in the month of next, for the following prices, namely: For each hundred apple trees, dollars; for each hundred peach trees, dollars; for each hundred plum trees, dollars; for each hundred pear trees, dollars; and for each fifty nectarine trees dol- lars.* And the said Richard Brown, in consideration thereof, agrees to purchase the trees aforesaid, in the quantity aforesaid, and at the price aforesaid ; and to pay to the said John Smith the price therefor in cash upon deliver}' of the said trees. In witness weereof, etc. (as in General Form of Agreement, w^hich see.) AGREEMENT FOR BARTER. This agreement, etc. (as in general Form oi" Agreeme. to.) Witnesseth, that the said John Smith, in consideration of the agreement of the said Richard Brown, hereinafter contained, agrees to deliver to the said Richard Brown, on or before the * The number of trees may be varied to correspond with the agreement betw eea the parties. 208 FOUNDATIONS OF SUCCESS *l ■ day of next, (here insert articles) at the dwelling house of the said Richard Brown. And the said Ricliard Brown, in consideration thereof, agrees to deliver to the said John Smith, at his dwelling house, on or before the day of next (hero insert articles.) In witness whereof, etc. (as in General Form of Agreement, which see.) AGREEMENT FOR THE 3ALE OF FLOUR, ETC. Articles of agreement made between A. B., of etc., and C. D., of etc., as follows: The said A. B. agrees to sell and deliver to said C. D., at his store in E., on or befcre the day of next, one hundred barrels of (flour, pork, beef, wlicat, corn, potatoes, cider, rum, or any other article), warranted to be (here statcj the quality, etc.) In consideration whereof, tlie said 0. D. agrees to pay the said A. B. dollars in full for said Hour, in four months from such delivery. Witness our hands and seals, the day of , 187 . A. B. [L. s.] In presence of H. L. CD. [l. s.] APPRENTICESrnP INDENTURE. This Indenture, made the twelfth day of June, in the year of oui Lord one thousand eiglit hundred and seventy-seven, between Charles Snaith, of the town of , in the County of , and Province of Ontario, yeoman, of the first part; and Sanniel Niles, of the town of , in the County of • of th(j said Province, printer, of the second part, Witnesseth: That the said party of the first part doth, by th(ise presents, with the consent of liis son, James Snaith, a minor, above the age of fifteen years, signified by his signing this Indenture, Doth hereby place, bind and indent him to the said party of the second part, to learn the art and trade of a printer, and with him, the .said AND LAWS OF TRADE. 209 party of the second pai t, after the manner of an apprentice, to dwell and serve from tlie day of the en.sealment hereof until the , when the said minor will arrive at the age of twenty- one years. And during .said term, the said apprentice shall well and faith- fully serve the said party of the second part, andsliall give and devote to him his whole time and hibor; that he shall not marry during said term, nor use aichmt spirits, tohacco, nor practice gam- ing, nor any otlier unlawful .sports ; nor waste, injure or destn^y the property or his master; but conduct himself in a sober, temper- ate, lioncst manner, and as a good and faithful apprentice ought to do, during all the time aforesaid: And the said party of the second part, for himself, his heirs, executors and administrators, doth hereby covenant with the said party of the first part, that he will faithfully instruct said apprentice in the art or trade aforesaid, as far as said apprentice may be capaljle to learn, and constantly provide him with good, suitable and sufficient food, lodging and clothing, and all other things necessary in sickness and health, and will train him up in the luiltits of industry, tem- perance and virtue ; and pay to the said party of the first part, for the use and benefit of the .said apprentice, the sum of money following, namely : [liere state the amount and manner of pay- ment.] And ^he said James Snaith hereby signifies his a.sscnt to the terms of this Indenture, and promises faithfully to keep and perform all things to be kept or performed by him. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. •• Signed, sealed and delivered, in presence of H. Piper. Eben Town. Charles Snaith. [seal.1 Samuel Niles. [seal.] James Snaith. [seal.] Aa p 210 FOUNDATIONS OF P'X'CESS A^GREEME^.. TO BUILD A HOUSE. Articles of agreement made and entered into the day of ,18 , Between A. B. (builder), of, etc., of the one part, and C. D., (proprietor), of, etc., of the other part. The said A. B., (builder), doth hereby for himself, his heirs, e.:ecutors and administrators, covenant, promise and agree to and with the said C. D. (proprietor), his executors, administrators and assigns, that he, the said A. B. (builder), his executors or administrators, shall and will for the consideration hereinafter mentioned, within the space or time of [six calendar months] from the date of these presents, erect, build and completely cover in and finish, upon the premises of the said C. D. [proprietor], at aforesaid, a dwelling-house and buildings according to the plan and elevation set foi '.h in the schedule hereunder written. And also do, perform and execute, or cause and procure to be done, performed and executed, all and singular other the woi ks mentioned in the schedule hereunder written, according to the plan and elevation therein mentioned or contained, the same to be done within the time aforesaid, and in a good, workmanlike and substantial manner, to the satisfaction of E. F. [surveyor or architect], of, etc. [insert name and residence of architect or sur- veyor], or any other surveyor or architect whom the said A. B. (builder), and C. D., (proprietor), shall for tliat purpose by some writing under their hands appoint : such satisfaction t( .e testi- fied by a writing or certificate under the hand of the said E. F. (surveyor or architect), or such other survejyor or architect as aforesaid. And also shall and will find and provide such good, proper and sufficient materials of all kinds whatsoever as, tofrother with and in addition to the materials now Ivinor on the O I/O said premises, shall be proper and sufficient for erecting the said dwelling-house and buildings, and completely finishing the said works. And it is further agreed by and between the said parties that if the said A. B. (builder), his executors or admin istratoi's, AND LAWS OF TRADE. 211 ly of , and heirs, ee to :ators irs or (lafter )iiths] cover or], at to the . ritten. 3 to be woiks to the me to anlike yor or ir sur- A. B. some testi- 1 E. F. ect as good, ev as, on the le said e said [parties rators, shall in any manner neglect or be guilty of any delay whatso- ever, in building and completely finishing the said dwelling-house, building and works, as aforesaid, and the said E. F. (surveyor or architect), or such other surveyor or architect as aforesaid, shall certify the same by writing under his hand, and the said C. D. (proprietor), shall give or leave notice in writing of such neglect or delay at the place of abode of him the said A. B. (builder), his executors or administrators, and the said A. B. (builder), his executors or administrators, shall not, according to the direction of the said E. F. (surveyor or architect), or such other surveyor or architect as aforesaid, proceed to complete the said buildings and works within the space of (seven) days after such notice given or left as aforesaid : then and in any such case it shall be lawful for the said C. D. (proprietor), his executors or adminis- trators to purchase proper and sufficient materials, and also to employ a sufficient number of workmen to finish and complete the said dwelling-house, buildings and works, and also that the said C. D. (proprietor), his executors, administrators ..or assigns, shall and may deduct and retain to himself and themselves the costs of such materials, and all such sum and sums of money as he or they shall pay to such workmen for the completion of such dwelling-house, building and works out of the money which shall be due to the said A. B. (builder), his executors or admin- istrators under this agreement ; and also that the said A. B. (builder), his executors or administrators, shall not nor will in any manner do, or cause or procure to be done, any act, matter or thing whatsoever to prevent, hinder or molest the said C. D. (proprietor), his executors, administrators or assigns, or any per- son or persons employed by him or them, from completing and finishing the said dwelling-house, buildings and works in manner aforesaid, or in using the materials which shall be on the said premises, and provided by either of the said parties for the doing thereof. i^ •'•""'' ;I1 ■ I! )':■ I I 212 FOUNDATIONS OF SUCCESS And the said C. D. (proprietor), doth hercLy, for himself, his heirs, executors and administrators, covenant, promise and agree, to and with the said A. B. (builder), his executors and adminis- trators, that the said C. D. (proprietor), his executors or admin- istrators, shall and will well and truly pay or cause to be paid unto the said A. B, (builder,) his executors, administi ators or assigns, the sum of $ of lawful money of Canada, in manner following, that is to say : the sum of ^er cent, on the amount of materials used in the said buildings . id works as they shall proceed, to be ascertained by the surveyor (or architect) for the time being, and his certificate under his hand to be conclusive between the said parties ; and also that the said C. D. (proprie- tor), his executors or administrators, shall and will, every week during the progress of the said buildings and works, pay and supply the said A. B. (builder), his executors or administrators, with such sums of money as shall be sufficient for paying and discharging the wages and labor of the workmen or laborers w^ho shall ^rom time to time be employed in or about the said building and works, the amount whereof shall be ascertained by the surveyor (or architect) for the time being by a certificate under his hand ; and the remainder of the said sum of $ , within days (or months) next after the said dwelling-house, build- ings and premises shall be completely built, done and finished to the satisfaction of the said E. F. (surveyor or architect), or such other surveyor or architect as aforesaid, the same to be testified in writing under his hand. And it is hereby declared and agreed by and between the said parties hereto, that in case the said C. D. (proprietor), his executors, administrators or assigns, shall direct any more work to be done in or about the said dwelling-house, buildings and works than is contained in the schedule hereunder v.'ritten, then, and in such case, the said C. D. (proprietor), his executors or administrators, shall pay or cause to be paid unto the said A. B. (builder), his executors or administrators, so much money as such extra work and the AND LAWS OF TRADE- SIS materials used therein shall cost or amount unto, anything here- inbefore contained to the contrary notwithstanding ; and that if it shall be thought proper by the said C. D. (proprietor), his executors, administrators or assigns, to diminish or omit any part of the work specified in the said schedule hereunder writ- ten, then, and in such case, the said A. B. (builder,) his executors or administrators shall deduct and allow out of the said eum of $ so much money as the work so to be diminished or omitted shall amount unto, upon a reasonable valuation, anything here- inbefore contained to the contrary notwithstanding; and all allowances or deductions for such extra or omitted works respect- , ively shall be ascertained and settled by the said E. F. (surveyor or architect), or such other surveyor or architect to be appointed as aforesaid. And it is hereby covenanted and agreed by and bet'svccn the said parties hereto, that if any dispute or difference shall happen or arise between them, their or either of their exec- utors, administrators or assigns, or between either of them and the said E. F. (surveyor or architect,) or such other surveyor or architect to be appointed as aforesaid, touching or concerning the said dwelling-house, buildings and w^orks hereby contracted to be made and done as aforesaid, or touching or concerning any other matter or thing whatsoever relating thereto, or to the addi- tional or extra work as aforesaid, then such dispute or difference shall be left to the determination and award of three indifferent persons, one to be named by the said A. B. (builder), his execu- tors or administrators, and another by the said C. D. (proprietor), his executors, administrators or assigns, and the third by the said two persons so named by each of them the said parties or his executors, administratoi*s or assigns. And each of th'":m the said parties hereto doth hereby for himself, his heirs, executors and aidministrators, covenant and agree with the other of them, his executors and administrators, that they the said parties respectively and their respective executors and administrators shall and will severally stand to, abide by, perform and keep the T ' ti 2U FOUNDATIONS OF SUCCESS award and determination of the said three persons so to be chosen, or of any two of them, touching the said several matters of dispute or difference as aforesaid, so as the same award and determination be made in writins: under the hands and seals of the said arbitrators or some two of them, within two calendar months next after such dispute or difference shall arise. And it is further agreed by and between the said parties, that the sub- mission hereby made, shall, at the option and expense of either of the said parties requiring tho same, be made a rule of either of the Superior Courts of Law or Equity in Ontario ; and that the costs and charges attending any reference or arbitration as aforesaid shall be in the discretion of the. said arbitrators, or any two of them, and shall be paid and satisfied pursuant to their award. In witness whereof, the said parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered ^ in the presence of L A. B. [l. g.] Y. Z. ) C. D. [I* s.] ANOTHER FORM. An agreement made the day of , 18 , between A. B., of, etc., (builder), of the first part, C. D., of, etc. (surety), of the second part., and E. F., of, etc., of the third part. Whereas, the said E. F. is possessed of a piece of ground situ- ate at [describe the premises] upon which he is desirous of erect- ing a dwelling-house and offices according to the elevation, plans and specifications prepared for that purpose by W. M., architect and surveyor, and under the direction and to the satisfaction of the said W. M., or other architect or purveyor for the time being of the said E. F., his executors, administrators or assigns : which said elevation, plans and specifications, are marked with the let- AND LAWS OF TRADE, 215 tcrs A, B, C, D, E, F and G, and are signed by the said A. B^ C. D. and E. F., and the said specification is contained in tho schedule hereunder written, or hereunto annexed ; and the said A. B. has proposed to erect and complete the said dwelling-house and offices, and to make and execute all other works mentioned and specified in the said elevation, plans and specification, within the time hereinafter limited for that pui'pose, and according to the stipulations and agreements hereinafter contained, at or for the price or sum of $ : which proposal the said E. F. hath agreed to accept on the said A. B., together with the said C. D., as his surety, entering into the agreements hereinafter con- tained. Now, it is hereby witnessed. That the said A. B, and C. D. do, for themselves, their heirs, executors and administrators, and each and every one of them doth, for himself, his heirs, execu- tors and administrators, hereby agree with and to the said E. F., his executors, administrators and assigns in manner following : that is to say. That he, the said A. B., shall, at h^'s own cost and charges, forthwith erect and complete, make and execute, with all proper and necessary materials, workmanship and labor, of the best kind in every respect, and in the most substantial and workmanlike manner, upon the said piece of ground, a dwelling- house and offices behind the same, with the appurtenances, and all other works, matters and things mentioned and specified in the said elevation, plans and specification, under the direction and to the satisfaction of the said W. M., or other the architect or surveyor for the time being of the said E, F., his executors, administrators or assigns ; and for that purpose shall find and provide all proper and necessary materials, implements and machinery ; and shall make good all damages which may be occa- sioned either to the said dwelling-house, offices and works, or any of them, or to adjoining buildings, by the execution of the same works or any of them ; and shall cleanse all drains and cess-pools in or about the premises, and shall cart and clear away at such i : 1 ' i 1 , i 1 ! 1 1 '! 1 1 '^ 1 (' 11: > 21G FOUNDATIONS OF SUCCESS times nnd in such manner as shall or may bo directed by the said W. M., or other architect or surveyor as aforesaid, all surplus eai'th and waste or useless materials, implements and machinery, which may from time to time remain during the execution of the same works, or at the completion thereof ; and shall at his own costs and charges, from timtj to time, until the said dwelling- house, offices and works shall be erected, completed, made and executed, insure or cause to be insured, in the joint names of the said E. F., his executors, administrators or assigns, and of the said A. B., his executors or administrators, and for the sum of $ , all and singular the erections and buildings for the time being standing on the said piece of ground, to the full value thereof, in some public insurance office to be approved of by the said E. F., and shall deliver the policy of insurance to the said E, F., his executors, administrators or assigns, and shall produce and show to the said E. F., his executors, administrators or assigns, the receipts for the premium of insurance, when requested so to do ; and that in case of fire, all the moneys to be recovered by virtue of such insurance shall forthwith be applied in reinstating the premises, under the direction and to the appro- bation of the said W. M., or other architect or surveyor as afore- said ; and that the said A. B., shall well and sufficiently cover in or cause to be covered in, the dwelling-house and offices so to be erected as aforesaid, before the day of , and shall com- plete, make and execute, or cause to be completed, made and executed, all and singular the said dwelling-house, offices and other works, in manner aforesaid, and according to the true intent and meaning of these presents, before the day of ; and that if the said A. B., his executors or administrators, shall not so well and sufficiently cover in the said dwelling-house and offices before the said day of , or shall not so complete, make and execute, the said dw( ng-house, offices and works before the said day of , then the said A. B. and C. D., their executors and administrators, shall pay to the said E. F., AND LAWS OF TRADE. 217 his exccuiors, administrators and assigns, the sum of S for every week during which the said dwelling-house and offices shall remain uncovered in after the said day of and the like sum for every week the said dwelling-house, offices and works shall remain unfinished after the said day of ; which sums may be recovered as liquidated damages, or may bo deducted from the sums payable to the said A. B., his executors and administrators, under this agreement ; provided always, that in case the said E. F., his executors, administrators or assigns, or his or their surveyor or architect, shall require any extra or additional works to be done, or shall cause the works to be delayed in their commencement or their progress, the said A. B., his executors or administrators, shall be allowed to have such additional time for covering in and finishing the said buildings and works, beyond the said days above fixed, as shall have been necessarily consumed in the performance of such extra or addi- tional works, or a^ shall have been lost by the delay caused by the said E. F., his executors, administrators or assigns, or his or their surveyor or architect as aforesaid ; and the said payments for delay shall not become payable until after the expiration of such additional time or times. And the said A. B. and C. D., for themselves, their executors and administrators, do hereby further agree with the said E. F., his executors, administrators and assigns, that in case the said W. M., or other architect or surveyor as aforesaid, shall be dis- satisfied with the conduct of any workman employed by the said A. B., his executors or administrators, in the said works, or with any materials used or brought upon the said premises for the purpose of being used in tlie said work, and shall give notice thereof in writing under his hand to the said A. B., his executors or administrators, he, the said A. B., his executors or adminis- trators, will forthwith discharge such workman from tlie said works and remove the said materials ; and that in case the said A. B., his executors or administrators, shall not, in the judgment Bb rr [111 i >!; 218 FOUNDATIONS OF SUCCESS of the said W. M., or other architect or surveyor as .aforesaid, employ a sufficient number of workmen in the execution of the said works, or have on the premises a sufficient quantity of mate- rials or implements of proper quality for the said works, and the said W. M., or other architect or surveyor as aforesaid, shall, by v/ritinjr under his hand, require the said A. B., his executors or administrators, to employ an additional number of workmen, or bring upon the promises an additional <|uantity of materials or implements of proper quality, and shall specify in such notice tho number and description of additional workmen to be employ- ed, and the quantity and description of additional materials or implements to be supplied, the said A. B., his executors or administrators, shall forthwith employ in the said works such additional number of workmen, and shall forthwith bring upon the premises such additional quantity of materials or implements for the said works ; and that in case he shall refuse or neglect for tho space of seven days to comply with any such notice or request, it shall be lawful for the said W. M., or other architect or surveyor as aforesaid, to dismiss and discharge the said A. B., his executors or administrators, from the further execution of the said works, and for the said E. F., his executors, administra- tors or assigns, to employ some other person to complete the same ; and that in such case the sum agreed to be paid to such other person to complete the said works (such sum being approved by the said W. M., or other architect or surveyor as aforesaid), shall be deducted from the said sum of $ , and the balance, after making any other deductions which the said E. F., his executors, administrators or assigns, shall be entitled to make under this agreement, shall be paid by the said E. F., his executors, administratoi-s or assigns, to the said A. B., his executors or administrators, in full for the work done by hira or them, at the expiration of two months after he or they shall have been so discharged as aforesaid. And it is hereby further agi"eed, by and between the parties hereto, that all the materials AND LAWS OF TRADE. 219 brmiijlit upon the said piece of gi'ounJ for the pui-pose of being used in tlic said buildings, except such as shall be disapproved of by the said W. M., or other architect or surveyor as aforesaid, shall, immediately they shall be brought upon the said premises, become the property of the said E. F., his executors, admiuistra- toi-s or assigns, and shall be used in the said works. And the said E. F. doth hereby, ii. consideration of the works 80 agreed to bo done by the said A. B., his executors, adminis- trators and assigns, that he, the said E. F., his executors, admin- istrators or assigns, will j)ay to the said A. B., his cxecutora, administrators or assigns, the said sum of $ , in manner following : that is to say, the sum of $ within one week after the said W. M., or other architect or surveyor as aforesaid, shall have certified in writing to the said E. F., his executors, administrators or assigns, under his hand, that the work to the value of $ has been done under this agreement, and the fur- ther sum of $ within one week after the said W. M., or other architect or surveyor shall have certified as aforesaid, that fur- ther work to the value of $ has been done, under this agree- ment, and so on shall pay S for every $ worth of work 80 certified as aforesaid, until the whole of the said works shall be finished, and shall pay the balance remaining unpaid within one month after the said works shall have been completed and finished to the satisfaction of the said Wr, M., or such other archi- tect or surveyor, and the said W. M., or such other architect or surveyor, shall have ceitified to the said E. F., his. executors, administrators or assigns, that the said works have been com- pleted and finished to his satisfaction. Provided always, and it is hereby further agreed by the parties hereto, and particularly by the said A. B., and 0. D., that if the said E. F., his executors, administrators or assigns, shall at any time be desirous of making any alterations or additions in the erection or execution of the said dwelling-house, offices and other works, then and in such case, the said A. B., his executors or administrators, shall make 220 FOUNDATIONS OF SUCCESS h I and execute such alterations and additions to the satisfaction of th ' said \V. M., or such other architect or surveyor ; and the sum or sums of money to be paid or allowed between the said parties in respect of such alterations and additions shall be settled and ascertained by the said W. M., or such other architect or sur- veyor; whose determination shall be final. Provided always, and it is hereby further agreed, that in the settling and ascer- taining the said sum or sums of money, the said W. M., or such other architect or surveyor, shall not include any charge for day work, unless an account thereof shall have been delivered to the said E. F., his executors, administrators or assigns, or the said W. M., or such other architect or surveyor, at the end of the week in which the same shall have been performed. Provided also, and it is hereby further agreed, that no such alteration or addition shall release the said A. B. and C. D., their executors or administrators, or any or either of them, from the observance and performance of the agreements herein contained on the part of tiiC said A. B., his ex tutors or administrators, to be observed and performed, so far as relates to ihe other parts of the said dwelling-house, offices and works ; but that the same agreements shall in all respects be observed and performed in like manner as if no such alteration or addition had been directed. Provided also, and it is hereby agreed, that if the \V. M. shall die, or cease to act as the surveyor and architect of the said E. F., his execu- tors, administrators or assigns, and the said A. B., his executors or administrators, shall be dissatisfied with the surveyor or architect for the time being, appointed by the said E. F., his executors, administrators or assigns, in the room of the said W. M., then it shall be lawful for the said A. B., his executors or administrators, at his own expense to employ a surveyor or architect on his behalf in the adjustment of the accounts, to act with the surveyor or architect for the time being of the said E. F., his executors, administrators or assigns ; and in case of dis- agreement between such two surveyors or architects, they shall AND LAWS OF TRADE. 221 be at liberty to nominate a third, and the said three surveyors or architects, or any two of them, shall and may exercise all the powers and discretion which the said W, M. could or might have exercised under or by virtue of these presents if he had lived or continued to act as the surveyor or architect of the said E, F., his executors, administrators and assigns. And it is hereby fur- ther agreed, that if the said A. B., his executors or administra- tors, shall so employ as surveyor or architect on his or their behalf, he shall be nominated within ten days after the said A. B. shall be informed of the appointment of the surveyor or archi- tect so appointed by the said E. F., his executors, administrators or assigns, and notice in writing of such nomination by the said A. B., his executors or administrators, shall forthwith be given to the said E. F., his executors, administrators or assigns. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. - A. B. [l. s.] Signed, sealed and delivered, CD. [l. s.] in presence of E. F. [l. s.] Y. Z. the' schedule above referred to. [Here copy the Specification.] SUB-CONTRACT BETWEEN A BUILDER AND A CARPENTER. An agreement made the day of 18 , Between A. B., of, &c., (Builder) and G. H., of, &lc., (Carpenter). Whereas, the said A. B. hath entered into a contract with E. F., cf, »S:c., to erect a dwelling-house and offices according to cer- tain plans, elevations and specifications referred to in said con- tract, under the superintendence of V^. M., or other architect of the said E. F., which contract is dated the day of ; Now it is hereby agreed that in consideration of the sum of $ to IB ( 222 FOUNDATIONS OF SUCCESS be paid by the said A. B., his executors or administrators, to the said G. H., his executors or administrators, as hereinafter mentioned^ the said G. H., his executors or administrators, will do all the carpenter's work necessary to be done for the completion of the said contract in the manner, within the time, and accord- ing to the plans and specifications mentioned and referred to in the said contract, and will provide all materials and implements necessary for the performance of such work, and will in all things abide by, perform, fufil and keep the terms and stipulations of the said contract, so far as the same are applicable to such car- penter's work. And it is further agreed that in case the said A. B., his executors or administrators, shall become liable under the said contract to pay any damages or penalty by reason of the default or delay of the said G. H., his executors or administrators, in the performance of the work agreed to be performed by him, then that the said G. H., his executors or administrators shall pay to the said A. B., his executors or administrators, the amount of such damages or penalty, and that in case that the said W. M., or other architect appointed to superintend the works under the said contract, shall disapprove of the work done by the said G. H., his executors or administrators, or the materials used by him, or the manner in which such work is done, or jji case the said G. H., his executors or administrators, shall refuse or neglect forth- with on request by the said W. M,, or other architect as afore- said, to re-execute such work with the materials and in the man- ner required by the said W. M., or other architect as aforsaid, it shall be lawful for the said A. B., his executors or administra- tors, to dismiss and discharge the said G. H., his executors oi administrators from the further performance of such work, and employ some other person to complete the same, and to deduct the costs of such completion from the sum which would other- wise be payable to the said G. H., his executors and administra- tors, under this agreement. In consideration whereof, the said A. B., agrees to pay to the said G. H., his executors or adminis- ^^-?ia AND LAWS OP TEADE. 223 trators, the sum of S in manner following, that is to say: 75 per cent, of the contract price for the work done by the said G. H., his executors or administrators, during any week, on the Saturday in every week during the continuance of the said works, and the balance within one month after the completion of the said dwelling-house and offices. In witness whereof the said parties to these presents have hereunto set their hands and seals, the day and year first above written. , Signed, sealed and delivered in presence of A. B. [l. s.] Y. Z. G. H. [L. s.] [Note. — This form of sub-contract may be adapted to any particular work on a building, as bricklayers, painters, &c.] CONTRACT TO DO REPAIRS', ETC. An agreement made the day of 18 , Between A. B., of, &c., and C. D., of, &c. The said A. B. agrees to do all the works hereunder specified in the best and most workmanlike manner, and to provide for such works all necessary materials and things of the best quality, and to complete and finish the said works on or before the day of next, and in case the said works shall not be finished on or before the said day of , to pay or allow to the said C. D., out of the moneys payable under this agreement, the sum of $ , for each day during which the said works shall remain unfinished after the said day of , and in case the said C. D. shall require any additions or alterations to be made to the works hereunder specified, to execute such additions and alterations in the best and most workmanlike manner, with material of the best quality. And it is hereby agreed that in case any additional works shall be required by the said C. D. v in case the said C. D. shall delay the execution of the said works i 1 224 FOUNDATIONS OF SUCCESS the said A. B. shall have snch additional time for the perform- ance of the said works after the said day of , as shall be equivalent to the time consumed in the execution of such addi- tional works, or to the time during which the said C. D. shall have delayed the said works, and that the payments for non-com- pletion as aforesaid, shall not be payable until after the expiration of such additional time. And it is hereby further agreed that materials brought upon the premises of the said C. D., for the purpose of being used in the said works, shall, if of proper description and quality, immediately become the property of the said C. D. And the said C. D. agrees to pay to the said A. B., for the said works, the sum of $ , within one week after the same shall be finished. Witness the hands of the said parties. • Signed in the presence of A. B. Y.Z. CD. ARBITRATION. Arbitration is the settlement of disputes or matters of differ- ence by parties to whom such disputes or matters of difference are submitted. The airreement to refer matters in difference to the decision of third parties is called a suhTnission. The decision of the arbitrators is called an award. The award should be specific and distinct, containing the decision of the arbitrators in as clear and concise language as possible. "When the arbitration is made under a rule of court, the award should be sealed up and delivered to the court without delay. Oath to be administered to a witness by arbitrators : You do solemnly swear that the evidence you shall give to the arbitrators here present in a certain controversy submitted to them by and between John Smith and Richard Brown, shall be the truth, and nothing but the truth, so help you God. AND LAWS OF TRADE. 225 FORM OF AGREEMFNT TO REFER TO ARBITRATION. Memorandum of agreement made this day of in the year of our Lord one thousand, eight hundred and seventy Between A. B„ of the of , in the of and Province of (state occupation), of the first part, and C. D., of the of in the cpunty of and Province of (state occupa- tion) of the second part. Whereas certain disputes and differences have arisen between the parties hereto, and it is desirable to refer the same to arbitra- tion, as hereinafter mentioned. Now, therefore, it is hereby agreed by and betw^een the parties hereto to refer, and the parties hereto do hereby refer all matters in difference between them in respect to (here state the subject matter in dispute which is to be referred) to the award, order, arbitrament, final end and deter- mination of E. F., of the of in the county of and Province of and G. H., of the of in the county of and Province of and such other person as the said E. F. and G. H. shall, by endorsation hereon, under their hand and seal, appoint, so that they, the said arbitrators, or any two of them, may make and publish their award of and concerning the mat- ters herein referred, ready to be delivered to the parties hereto, or either of them, on or before the day of in the year of our Lord one thousand, eight hundred and seventy or such further day as the said arbitrators, or any two of them, may from time to time enlarge the time for making their award, by writing under their hand endorsed hereon. And it is further aixreed that the said arbitrators, or any two of them, may, by their said award, order and determine wdiat they shall think fit to be done by the parties hereto, respecting the said matters in dif- ference ; and that the costs of tlie said reference and award shall be in the discretion of the said arbitrators, or any two of them and they may award by whom, to whom, and in what manner they shall be paid. cc I' ■ ill i 1 H j 1 III 1 ' 1 it iHI ill 1 I fvHI 'V' f IHBii 11* fflfl JjL 11 II i ^ J B i i 1 f ill 226 FOUNDATIONS OF SUCCESS And it is hereby further agreed, That the said arbitrators, or any two of them, may examine the said parties, or either of them, and that the witnesses in the reference and the said parties, if examined, shall be examined upon oath ; and that the said parties respectively, shall produce before the said arbitrators all books, deeds, papers, documents and writings in their or either of their custody, power or control, relating to the matter^ referred, and that they will respectively do all other acts, matters and things to enable the said arbitrators, or any two of them, to make their award. And it is further agreed. That the said arbitrators, or any two of them, may proceed in the said reference ex parte, if cither of the said parties refuse or neglect to attend before them, after having received due notice, and without reasonable excuse. And each of the said parties hereto agrees with the other to stand to, abide by, obey, perform, fulfil and keep the said award so to be made and published as aforesaid. In witness whereof the parties hereto have hereunto set their hands and seals the day and year first above written. Signed sealed and delivered A. B. [l. s.] in presence of X. Y. C. D. [l. s.] ARBITRATION BOND. Know all men by these presents. That I, A. B., of the of , in the county of and Province of (state occupation) am held and firmly bound unto C. D., of the of in the county of and Province of (state occupation), in the sum of dollars of lawful money of Canada, to be paid to the said C. D., or to his certain attorney, executors, administrators or assigns, for which payment well and truly to be made I bind my- self, my heirs, executors and administrators, forever -firmly by these presents. Sealed with my seal. Dated this day of in the year of our Lord, one thousand, eight hundred and seventy J AND LAWS OF TRADE. 227 ^Vhereas disputes and differences have arisen, and are now pending between the above bounden A. B., and the said C. D., touching and concerning (state the matters in dispute). And whereas, the above bounden A. B., and the said C. D. have agreed to refer such disputes and dltJerences to the award, arbi- trament and determination of E. F. and G. H,, arbitrators nomi- nated, appointed and chosen, as well by and on the part and behalf of the above bounden A. B. as of the said C. D., and such other person as the said E. F. and G. H. shall appoint. Now the condition of the above bond or obligation is such that if the above bounden A. B. do and shall well and truly keep, perform, submit to and abide by the award, arbitrament and determination of the said arbitrators, or any two of them so nominated, appointed and chosen as aforesaid, touching and con- cerning the matters in dispute between the above bounden A. B- and the said C. D., and so referred to them, the said arbitrators as aforesaid, then this obligation shall be void ; otherwise to be and remain in full force and virtue. " • Signed, sealed and delivered in presence of A. B. [l. s.] ^ S. T. C. D. [L. s.] ARBITRATION AWARD. • * To all to whom these presents shall come, we, John Jones, Henry Kelly, John Johnson, of , send greeting: Whereas, a certain con- troversy has existed, and does now exist, between Richard Brown and John Smith, of and, whereas, the said controversy and matters in dispute between the parties were submitted to us, tlio said John Jones, Henry Kelly, and John Johnson, as arbitrators, as does more fully appear by their submission in writing, dated : Now, therefore, know ye that we, the said arbitrators, mentioned in the said submission, having heard the proofs and alieo-ations of the parties, and examined the matters in contro- versy, do make this award, that is to say : The said Richard 4 m i'iit I .1 ■J I V •1^ 228 FOUNDATIONS OF SUCCESS Brown shall pay, or cause to be paid, to the said John Smith the sum of dollars, within days from the date hereof, in full payment, discharge and satisfaction of all claims and demands growing out of or connected with the sale and exchange of watches, mentioned in the aforesaid submission. And we further award and decree that the said Richard Brown and John Smith shall and do, within days next ensuing the date hereof, exe- cute and deliver urto each other, mutual and general releasou of all demands, claims, controversies, damages and accounts whatso- ever, connected with, relating to, or concerning the aforesaid mat- ter and things in controversy and dispute. In witness whereof, we have hereunto subscribed our names this day of , in the year In presence of John Jones, Miles Hawle":; Henry Kelly, Ben Wiley. John Johnson. ASSIGNMENTS AND GUARANTEES. An assignment is a writing transferring the interest which any one has in any property, annuity, or income of any kind. The person making the assignment is called the assignor, the one to whom it is made the assignee. Assignments of interest in lands should be recorded in the County Registry Office, and assignments of goods and chattels, whethev absolute as a bill of sale or conditional as a chattel mort- gage, not accompanied by the immediate delivery, and followed by an actual and continued change of possession, requires to be filed in the office of the Clerk of the County Court of the county wherein the goods are. ASSIGNMENT OF AGREEMENT TO PURCHASE. (To he endorsed upon or annexed to the oin(jinal.) Whereas, the within-naracd C. D. hath duly paid to the within- named A. B. the sum of S , being the amount of the first two AND LAWS OF TRADE. 229 instalments of the purchase money within mentioned, together with all interest upon such purchase money up to the day of last, according to the terms and provisions of the within- written articles, and there now remains to be paid the sum of $ only, by equal annual instalments of $ each, with interest from the day of last. And whereas, the said C. D. hath contracted and agreed with E. F., of etc., for the sale to him of the within-mentioned premises (and the improvements thereon) and all his right and title thereto, and estate and interest therein, under or by virtue of the within- written agreement, at the price or sum of $ , but subject nevertheless to the payment by him, the said E. F., his heirs^ executors or administrators, unto the said A. B., his executors or administrators, of the said sum of $ , residue of the origi- nal purchase money aforesaid, and interest thereon from the period aforesaid, at the times and in manner within mentioned* Now these presents witness, that in pursuance of such agree- ment and in consideration of the sum of $ , of good and law- ful money aforesaid, to him, the said C. D., in hand paid by the said E. F. at or before the execution hereof, the receipt whereof he, the said C. D., doth hereby acknowledge, he, the said C. D., hath sold, assigned, ti'ansfcrred, and set over, and by these pres- ents doth sell, assign, transfer and set over to the said E. F., his heirs and assigns, all and singular the within mentioned and described parcel or tract of land and premises, and therein described as being lot No. , in the concession of , together with all the right, title and interest of him, the said C. D. of, in, and to the within-written articles of agreement cove- nants and the lands and premises therein referred to [and all the i .^provements thereon], and all benefit and advantage to arise therefrom, to hold to the said E. F., his heirs, executors, administrators and assigns, for his and their own use and benefit forever. i i f' T I''; i 230 FOUNDATIONS OP SUCCESS And said C. D. doth hereby make, ordain, authorize, con- stitute and appoint the said E. F., his heirs, executors, adminis- trators and assigns, his true and lawful attorney and attorneys, irrevocable for him, the said C. D., and in his name, but for the sole use and benefit of the said E. F., his heirs, executors and administrators, to demand, sue for, recover and receive of and from the witliin-named A. B., his heirs, executors or administrators, all such sum or sums of money and damages as shall or may at any time or times hereafter accrue or grow due to him, the said C. D., his heirs, executors, administrators or assigns, under or by /irtiie of the said recited articles of agreement and covenants, or any matter, clause, or thing therein contained, by reason or on account of the breach or default of him, the said A. B., his heirs, execu- tors or administrators in relation thereto ; the said C. D. hereby also covenanting with the said E. F., his heirs, executors and administrators, that he hath not done or suffered, nor will he do or suffer any act, matter or thing whereby the said E. F., his heirs, executors or administrators, shall or may be hindered or prevented from commencing and prosecuting any action or actions, suit or suits at law or in equity, for the recovery of any principal money or damages under or by virtue of the said articles of agreement and covenants referred to, or enforcing the performajice of tho said articles of agreement, or obtaining such other satisfaction as can or may be had or obtained for the same by virtue thereof ; And ther said E. F. doth hereby, for himself, his heirs, executors and administrators, covenant with the said C. D., his heirs, execu- tors and administrators, that he, the said E. F., his heirs, execu- tors or administrators, shall and wu[ well and truly pay to the said A. B., his executors or administrators, the aforesaid sum of $ , residue of the purchase money aforesaid, and all the interest thereon now or hereafter to become due, by the instal- ments and at the times mentioned and provided therefor in and by the said recited articles of agreement, and therefrom shall and will indemnify and forever save harmless the said C. D., his heirs. AND LAWS OF TRADE. 231 executors and administrators, and his and their goods and chat- tels, lands and tenements by these presents. In witness whereof, the said parties to these presents have hereunto set their hands and seals. Signed, sealed and delivered in the presence of CD. [l. s.] W. W. E. F. [L.S.] ASSIGNMENT OF A DEBT OR BOND. Elnow all Men by these Presents : That I, A. B., of the city of , in the county of , of the Province of Ontario, trader, of the first part ; in consideration of twenty-five dollars, lawful money of Canada, to me in hand paid by C. D., of the town of , in the county of , in the said Province, merchant, 6f the second part, the receipt whereof is hereby acknowledged, I, the said party of the first part, do hereby grant, sell and assign, to the said party of the second part, a certain debt due me from E. F., of the town of , for goods sold and delivered (or, if a bond, " a certain bond, dated the , made to me, by G. H., for fifty dollars, conditioned for the payment of thirty-eight dollars"), with full power to collect and discharge or dispose of the same in my name at his pleasure, at his own expense and ' risk. And I do hereby covenant, that the said debt is justly due, and that I have not done and will not do any act by which . the collection thereof may bo hindered or prevented. In witness whereof, I have hereunto set my hand and affixed my seal, this ninth day of June, in the year of our Lord one thousand eight hundred and sev^ftty-seven. ' Signed, sealed and delivered, in presence of A, B. [l. s.] X. J. ASSIGNMENT OF A BOND BY INDORSEMENT. Know aU Men by these Presents : That I, the within named « I ■ii !:•• 232 FOUNDATIONS OF SUCCESS A. B., in consideration of dollars, to mc in hand paid by C. D,, the receipt wliereof I do hereby acknowledge, have bar- gained, sold and assigned, and by these presents do bargain, sell and assign, to the said C. D., his executors, administrators and assigns, the within written obligation and condition, and all sum and sums of money due and to grow due on the same. And I do covenant with the said C. D. that there is now due on the said obligation, according to the condition thereof for principal and interest, the sum of dollars. And I do authorize the said C. D., in my name to demand, sue for, recover, receive and enjoy the moneys due and to be due as aforesaid. In witness, ^tc. (as in General Form of Agreement, which see). ^ ASSIGNMENT OF MORTGAGE. This Indenture, made (in duplicate) the day of one thousand eight hundred and seventy- , Between A. B., of the of in the county of and Province of (state occupation), hereinafter called the assignor, of the first part, and C. D., of the of in the county of and Province
    « Dd '■I'l ,-1 ':■ u 1 1 :fi ;|^! 234 FOUNDATIONS OF SUCCESS Received, on the day of the date of this Indenture, from the within assij^nee, the sum of dollars. Witness: A# B. S. T. AFFIDAVIT TO BE IND USED ON THE BACK OF THE ASSIGNMENT OF MORTGAGE. County of ) I, S. T. (witness' name in full), of the To wit : i of in the county of (state occu- pation), make oath and say : 1st. That I was personally present, and did see the within instrument and duplicate duly signed, sealed and executed by A. B. and C. D., parties thereto, at the of in the county of 2nd. That I know the said parties. 3rd. That I am a subscribing witness to the said instrument, and duplicate. Sworn before me, at in the county of this day of , A. D. 187 . I ' g^ i«. N. P., A. Com. in B. R., etc. [It is customary to have an affidavit of execution indorsed on both of the copies of the deed, mortgage or assignment, etc., but it is only necessary to have an affidavit on the one which is to remain in the registry office of the county wherein the lands are.] GENERAL FORM OF ASSIGNMENT. Know all men by Inese presents, that I, John Smith, wllhin named, in consideration of dollars, to me in hand paid * by Richard Brown, of the of , in the county of , in the Province of , the receipt whereof is hereby acknowledged, have sold and assigned, and by these presents do sell and assign, • It will hardly be necessary to caution a pradont person against parting with the possession of an instrument acknowled^^iug the receipt of the consideration until it ha» actually been paid. \ AND lAWS OF TRADE. 235 • ■f to the said Richard Brown, the within instrument in writing, and all my right, title and interest in and to the same, authoriz- ing him, in my name or otherwise, but at his own expense, to enforce the same according to the tenor thereof. In witness whereof I have hereunto set my hand and seal, this day of , one thousand eight hundred and Signed, sealed and delivered in John Sjiith. [l. s.j presence of Miles Hawley. Ben Willey. [The foregoing form to be indorsed on the instrument assigned.] ASSIGNMENT OF A DEBT. I'.now all men by these Presents : That I, John Smith, of the of , in the county of , and Province of , in considera- tion of dollars, to me in hand paid by Kichard Brown, of the receipt whereof I hereby acknowledge, have sold, transferred and assigned unto the said Richard Brown, a certain debt due and owing to me by John Russell, of the of , in the county of , and Province of , for [here state the consid- eration or cause of indebtedness], amounting to dollars. And I do hereby authorize the said Richard Brown, in my name or otherwise, but at his own costs, to sue for, collect and receive, sell and transfer, settle and discharge the said debt. And I do covenant, that the said sum of dollars is justly owing and due to me by the said John Russell, and that I have neither done nor will do anything to lessen or discharge the said debt, or hinder the said Richard Brown, or his assigns, from col- lecting the same. In witness whereof, etc. [as in Assignment of a Bond, which see.] ASSIGNMENT OF JUDGMENT. This Indenture, made the day of , one thousand eight W I 'f i il is I =•' ih I' ■ ii III) 236 FOUNDATIONS OF SUCCESS hunJi-ed and , between John Smith, of the of , in the county of , and Province of , of the first part, and Ricl.ard Brown, of the , of the other part : Whereas, the said party of the first part, on the day of , one thousand eight hun- dred and , recovered by judgment in the court of for the Province of , against John Short, the sum of dollars. And whereas the said paity of the first part hath agreed to assign the said judgment and all benefit to arise therefrom, cither at law or in equity, unto the said party of the second part, in manner hereinafter expressed t Now this Indenture witnt^seth, that the said party of the first part, in consideration of dollars, to him duly paid, hath bar- gained, sold and assigned, and by these presents doth bargain, sell and assign, unto the said party of the second part, and his executors, administrators and assigns, the said judgment, and all sum and sums of money that may be had or obtained by means thereof, or on any proceedings to be had thereupon. And the said party of the first part doth hereby constitute and appoint the said party of the second part, and his assigns, his true and lawful attorney irrevocable, with power of substitution and revo- cation, for the use and at the proper costs and charges of the said party of the second part, to ask, demand and receive, and to .;ue out executions, and to take all lawful ways for the recov- er} of the money due or to become due on the said judgment ; and on payment to acknowledge satisfaction, or discharge the same ; and attorneys one or more under him for the purpose aforesaid, to make and substitute, and at pleasure to revoke ; hereby ratifying and confirming all that his said attorney or substitute shall lawfully do in the premises. And the said party Oi.' the first part doth covenant that theic is now due on the said judgment the sum of dollars, and that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will own or allow all lawful proceedings therein, the said party of the second part saving the said party AND LAWS OF TEADE. 237 1(1 party the said oUcct or iscliarge ce(idings id party of the iirst part harmless of and from any costs in the premises. In witness whereof, the party of the first part hath hereunto set his hand and seal the day and year first above written. John Smith, [l. s.] Signed, sealed and delivered ) Petee Smith. in presence of i John Jones. ASSIGNMENT OF LEASE. This indenture made the day of , one thousand, eight hundred and , Between A. B., of, &c., of the first part, and C. D., of, &c., of the second part. Whereas, by an Indenture of Lease, bearing date on or about the day of , one thousand, eight hundred and , and made between J. K., of, &c., of the one part, and the said A. B., of the other part, the said J. K. did demise and lease unto the said A. B., the lessee therein named, his executors, administrators and assigns, all and singular tliat certain parcel or tract of land and premises situate, lying and being, in the, &c. To hold the same, with the appurtenances, unto the said lessee, his executors, administrators and assigns, from the day of , one thousand, eight hundred and , for and during the term of years from thence next ensuing, and fully to be complete and ended, at the yearly rent of $ , and under and subject to the lessee's covenants and agreements in the said Indenture of Lease reserved and con- tained. Now this Indenture Witnesseth, that in consideration of the sum of $ , of lawful money of Canada, now paid by the said party of the second part to the said party of the first part (the receipt whereof is hereby acknowledged), he, the said i)arty of the first part, doth hereby grant, bargain, sell, assign, transfer and set over unto the said party of the second part, his executors, administrators and assigns. All and singular, the said parcel or tract of land, and all other the premises comprised in, and demised ':l m ■J f ; 238 FOUNDATIONS OF SUCCESS '1 '1 by the said hereinbefore in part recited Indenture of Lease, together with the said Indenture of Lease, and all benefit and advantage to be had or derived therefrom. To have and to hold ■ the same, together with all houses and other buildings, ease- ments, privileges and appurtenances thereunto belonging or in any- wise appertaining, unto the said party of the second part, his executors, administrators and assigns, from henceforth for and during all the residue of the said term granted by the said Inden- ture of Lease, and for all other the estate, term, right of renewal (if any), and other the interest of the said party of the first part therein; Subject to the payment of the rent, and the observance and performance of the lessee's covenants and agreements in the said Indenture of Lease reserved and contained. ilnd the said party of the first part doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agrt^e, to and with the said party of the second part, his execu- tors, administrators and assigns, in manner following, that is to say: Tjiat notwithstanding any act of the said party of the first part, the said hereinbefore in part recited Indenture of Lease is, at the time of the sealing and delivery of these presents, a good, valid and subsisting Lease in the law, and not surrendered, for- feited or become void or voidable; and that the rent and cove- nants therein reserved and contained have been duly paid and pei-f ormed by the said party of the first part up to the day of the date hereof. And that, notwithstanding as aforesaid, the said party o? the first part now has in himself good right, full power, and lawful and absolute authority to assign the said lands and premises, in manner aforesaid, and according to the true intent and meaning of these presents. And that subject to the said rent, and the lessee's covenants and agreements in the said lease contained, it shall be lawful for the said party of the second part, his executors, administrators AND LAWS OF TRADE. 230 and assigns, to enter into and upon an.] ASSIGNMENT OF THE PARTNERSHIP PROPERTY BY ONE PARTNER TO THE OTHER, TO WIND UP THE CONCERN. This indenture, made this day of , one thousand, eight hundred and , between John Smith, of the of , in the county of , and Province of , and Richard Brown of WherePvS, a co-partnership has heretofore v;xisted between the said John Smith and Richard Brown, under the style and title of Smith and Brown, which said co-partnership has been this day dissolved by mutual consent. Now, therefore, this indenture witnesseth, that the said John Smith has sold, assigned, tumsferred and set over unto the said Richard Brown his one-half part of all the goods, wares merchan- dise, property and effects, and stock in trade, belonging to the said co-partnership; and also all the accounts, notes, bills, bonds, things in action, claims and demands due and owing to the said firm. To have and to hold the same unto himself and his assigns, in trust to sell the said property and effects in such manner as ho may think proper, but not on a longer credit than ; and to collect, demand, sue for, and receive all sums of money due or to become due upon the said bills, notes, bonds, a,ccounts, claims and demands; and with the moneys thus collected, realized and ob- tained, to nav off and discharsfe all the debts and obligations pay fe:.. I: ■ 'i £e I ! ii 242 FOUNDATIONS OF SUCCESS !». :5' if '^'r the said firm, if the same shall be sufficient therefor; and of the balance, if any there shall be, after satisfying all the claims and demands against the firm, to pay over the one-half part to the said John Smith or his legal representatives. And the said John Smith doth hereby make, constitute and appoint the said Richard Brown his true and lawful attorney, irrevocable, in the name of the late firm or otherwise, to sell the said property and effects of the late firm, and all the interest of the said John Smith in and to the same ; and also ask, demand, sue for, collect and receive any and all debts, claims and demands due, or to become due, and owing to the said late firm, to com- pound the same, and prosecute suits for the recovery thereof in his discretion; to defend any and all suits that may be brought against the said firm ; and to make, execute, deliver and acknowledge all necessary deeds, conveyances, releases, receipts and discharges in the premises, and generally to do any and every act and thing' requisite and necessary to secure a full, entire, complete and speedy settlement cf all the business and affairs of the late firm of Smith and Brown, hereby ratifying and confirm- ing any and everything which the said Richard Brown may law- fully do in the premises. And the said Richard Brown, for himself, his heir.^, oxecutor- and administrators, covenants with the said John Smith, hii? heirs, executors and administrators, that he will sell the afqresaid property to the best of his ability, and for the best price he can obtain therefor; and will use all dilligence to collect all debts, claims and demands due the said late firm, and that he will faith- fully apply the proceeds of such sales and claims in accordance with the above-recited trust. And the said John Smith, for himself, his heirs, executors and administrators, covenants with the said Richard Brown, that if, after the entire proceeds of said property and effects, claims and demands of the said late firm have been faithfully applied to the a:jd laws of trade. 243 payment of the debts, liabilities and obligations of the said late firm, there shall remain any debt or liability unsatisfied, that then he, the said John Smith, his heirs, executora or administrators, will pay and satisfy the moiety oi one half part of any and every such debt or liability; and the said Richard Brown, his heirs, executors or administrators, from the one-half part thereof save harmless and keep indemnified. In witness whereof, etc. (as in Assignment of a Judgment, which see.) , ASSIGNMENT OF WAGES NOW DUE, AND TO BECOME DUE. Know all men by these presents, that I, A, B., of, etc., in con- sideration of dollars, to me paid by C. D., of etc., do hereby assign and transfer to said C. D. all claims and demands which I now have, or which I may have, against , on the day of next, for all sums of money due, and to become due to me for services ; with full power to receive and discharge or dispose of the same, in my name, at his pleasure, at his own expense and risk. Witness my hand and seal, etc. A. B. ]l. s.] Executed in presence of Y. Z. CHATTEL MORTGAGES. Chattel mortgages are deeds or conveyances, by way of secu- rity, of personal property of a movable kind, such as household furniture, stock in trade, etc. In former days it sometimes happened that chattel mortgages were made use of in order to deprive a creditor who had obtain- ed a judgment of the just fruits of his execution. When a debtor became involved, and desirous of preventing the seizure of his goods and chattels by the sheriff or bailifij it was quite common for him to make a fictitious conveyance to some friend by way of security, for a pretended loan. When a seizure was ,.. :j ff i 244 FOUNDATIONS OP SUCCESS made, the friend stepped in and claimed payment of the mort- gage ; which, being always for an amount equal to the full value of the goods, had the efiect of preventing the creditor from realizing anything at all. To remedy this evil, the legislature, in 1857, passed an Act of Parliament (since consolidated and being now cap. 45 of the Con- solidated Statutes for Upper Canada), the sections of which, so far as it is necessary to notice them here, are as follows : 1st. Every mortgage of goods and chattels made in Upper Canada (now Ontario), which is not accompanied by an imme- diate delivery and an actual and continued change of possession of the things mortgaged, or a true copy thereof, must within five days from the execution thereof, be registered as hereinafter mentioned, together with the affidavit of a witness thereto of the due execution of such mortgage or conveyance, or of the due execution of the mortgage or conveyance of which the copy filed purports to be a copy, and also with the affidavit of the mort- gagee or his agent, if such agent be aware of all the circum- stances connected therewith and properly authorized in writing to take such mortgage : in which case a copy of such authority must be registered therewith. 2 Such last-mentioned affidavit, whether of the mortgagee or his agent, must state that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage ; that it was executed in good faith, and for the express purpose of securing the payment of money justly due or accruing due, and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of the mortgagor, or of preventing the creditors of such mortgagor from obtaining payment of any claim against him. 3i In case such mortgage or conveyance and affidavits be not registered, the mortgage or conveyance will be absolutely null and void as ag&inst creditors of the mortgagor and against subse- AND LAWS OF TRADE. 245 quent purchasers or mortgagees in good faith, for valuable con- sideration. 5. In case of an agreement in writing for future advances for the purpose of enabling the borrower to enter into and carry on business with such advances, the time of re-payment thereof not being longer than one year from the making of the agreement ; and in case of a mortgage of goods and chattels for securing the mortgagee re-payment of such advances; or in case of a mortgage of goods and chattels for securing the mortgagee against the indorsement of any bills or promissory notes, or any other liability by him incurred for the mortgagor, not extending for a longer period than one year from the date of such mortgage ; and in case the mortgage is executed in good faith, and sets forth fully, by recital or otherwise, the terms, nature and effect of the agreement, and the amount of the lia- bility intended to be created ; and in case such mortgage is accompanied by the affidavit of a witness thereto of the due exe- cution thereof, and by the affidavit of the mortgagee, or in case the agreement has been entered into, and the mortgage taken by an agent duly authorized in writing to make such agreement and to take such mortgage, and if the agent is aware of the circum- stances connected therewith, then, if accompanied by the affidavit of such agent, such affidavit, whether of the mortgagee or his agent, stating that the mortgage truly sets forth the agreement entered into between the parties thereto, and truly states thfe extent of the liability intended to be created by such agreement and covered by such mortgage, and that such mortgage is executed in good faith, and for the express purpose of securing the mort- gagee repayment of his advances, or against the payment of the amount of his liability for the mortgagor, as the case may be, and not for the purpose of secu)ing the goods and chattels mentioned therein against the creditors of the mortgagor, nor to prevent such creditors from recovering any claims which they may have against such mortgagor ; and in case such mortgage is registered as here- T^ -^ ■^ 246 FOUNDATIONS OP StJCCESS I .v. inafter provided ; the oamc will be as valid and binding as mort- gages mentioned in the preceding section of this act. 6. All the instruments mentioned in the act, must contain such sufficient and full description of the goods and chattels, that the same may be thereby readily and easily known and distin ]fuished. 7. The instruments mentioned in the preceding sections must be registered in the office of the clerk of the County Court of the county or union of counties where the mortgagor or bargainor, if a resident in Ontario, resides at the time of the execution thereof ; and if he be not a resident, then in the office of the clerk of the County Court of the county or union of counties where the property so mortgaged or sold is at the time of the execution of such instrument. [Note. — By Ontario Stat. 32 Vic, c. 49, s. 8, chattel mort- gages executed in Muskoka Territory are to be registered with the clerk of the First Division Court at Bracebridge.] 9. In the event of the permanent removal of goods and chattels mortgaged as aforesaid from the county or union of counties, in which they werp at the time of the execution of the mortgage, to another county or union of counties before the payment and discharge of the mortgage, a certified copy of such mortgage, under the hand of the clerk of the County Court in whose office it was first registered, and under the seal of the said court, and of the affidavits and documents and instruments relating thereto filed in such office, must be filed with the clerk of the County Court of the county or union of counties to which such goods and chattels are removed, within two months from such removal, otherwise the goods and chattels will be liable to seizure and sale under execution, and in such case the mortgage will be null and void as against subsequent purchasers and mortgagees for valuable consideration. 10. Every mortgage or copy thereof, filed in pursuance of the AND LAWS OF TRADE. 247 act, will cease to be valid as against the creditors of the persons making the same, and against subsequent purchasers or mort- gagees in good faith for valuable consideration, after the expira- tion of one year from the filing thereof, unless within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a. statement exhibit- ing the interest of the mortgage in the property claimed by vir- tue thereof, and a full statement of the amount still due for principal and interest thereon, and of all payments made on account thereof, be again filed in the office of the clerk of the Liaid County Court of the county or union of counties wherein such goods and chattels may be then, situate, with an affidavit of the mortgagee, or of his agent duly authorized in writing for that purpose (which authority shall be filed there- with), stating that such statements are true, and that the said mortgage has not been kept on foot for any fraudulent purpose. 12. All affidavits and affirmations required by the act may be taken and administered by any Judge or Commissioner of the Courts of Queen's Bench or Common Pleas, or Justice of the Peace, in Ontario. The effijct of these enactments may be shortly summed up thus : Every chattel mortgage must be filed with the clerk of the County Court within five days after execution; the instru- ment must be accompanied by an affidavit of its due execution, and another affidavit of the good faith of the transaction. The last-mentioned affidavit may be made by an agent, if he be specially appointed in writing for the purpose. These affidavits may be sv/orn to before a Commissioner of the Queen's Bench, etc., or before a Justice of the Peace. If the mortgage is intended to secure future advances, or as collateral security against ths indorsement of accommodation bills or notes, the requirements of section five must be carefully observed. «• ^*;. ¥ 248 FOUNDATIONS OF SUCCESS Finally, every chattel mortgage requires to be renewed each year. Section ten points out the mode. A statement showing the interest of the mortgagee, and the amount remaining due, together with a copy of the mortgage, must be filed within thirty days of the expiration of the year. The following forms will be found applicable to most occasions: CHATTEL MORTGAGE. This Indenture, made the day of , 18 , between A. B., of, etc., of the one part, and C. D., of, etc., of the other part, Wit- nesseth, that the said party of the first part, for and in consid- eration of the sum of one hundred dollars of lawful money of Canada, to him in hand well and truly paid by the said party of the second part, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknow ledged, doth bar- gain, sell and assign unto the said party of the second part, his executors, administrators and assigns, all and every the goods, chattels, furniture and effects in and about the dwelling-house {or store) of the said A. B., situate at, etc., and hereinafter par- ticularly mentioned, that is to say [Here specify the chattels, or you may refer to a schedule saying after the word, etc., " which are particularly specified in the schedule hereunder written."] To have, receive and take the said goods and chattels hereby assigned or intended so to be, unto the said party of the second pari, his executors, administrators and assigns, as his and their own proper goods and eftects. Provided always, that if the said party of the first part, his executors or administrators, shall pay unto the said party of the second part, his executors, administrators or assigns, the full sum of one hundred dollars, with interest thereon at the rate of ten per cent, on the day of next, then thes^ presents shall be void. And the said party of the first part doth hereby, for himnelf, his executors and administiators, covenant, promise and a,r^ree, '» ; AUD LAWS OP TnAnfi:. to and with the said party of the second part, hir, executors, ailiainistrators and assigns, that he, the said party of the first part, liis executors or administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said party of the second part, his executors, administrators and assigns, the said sum of morey in the above proviso mentioned, with interest for the same as aforesaid, on the days and times and in the manner above limited for the payment thereof. And also, that in case default shall be made in the payment of the said sum of money in the said proviso mentioned, or the interest thereon, or any part thereof, or in case the said party of the first part shall attempt to sell or dispose of, or in any way part with the possession of the said goods and chattels, or any of them, or to remove the same or any part thereof out of the county of , without the consent of the said party of the second pai't, his executors, administrators or assigns, to such sale, removal or disposal thereof, first had and obtained in writing > then and in such case it shall and may be lawful for the said party of the second part, his executors, administrators and assigns, peaceably and quietly to receive and take unto his or their absolute possession, and thenceforth to hold and enjoy all and every or any of the goods, chattels and premises hereby assigned or intended so to be, and with his or their servant or servants, and with such other assistant or assistants as he may require, at any time during the day to enter into and upon any lands, tenements, houses and premises belonging to and in the occupation of the party of the first part, where the said goods and chattels or any part thereof may be, and to break and force open any door, lock, bolt, fastening, hinge, gate, fence, house, building, enclosure and place, for the purpose of taking possession of and removing the said goods and chattels, and to sell the said goods and chattels, or any of them, or any part thereof, at public auction or private sale, as to "them or any of them may seem meet ; and from and out of the proceeds of such sale in the first Ff ir •I ' frr 250 FOUNDATIONS OF SUCCESS !l i \ ' >? place to pay and reimburse himself or themselves all such sums of money as may then be due, by virtue of these presents, and all such expenses as may have been incurred by the said party of the second part, his executors, administrators or assigns, in consequence of the default, neglect or failure of the taid party of the fii-st part, his executors, administrators or assigns, in pay- ment of the said sum of money with interest thereon as above mentioned, or in consequence of such sale or removal as above mentioned; and in the next place to pay unto the said party of the first part, his executors, administrators and assigns, all such surplus as may remain after such sale, and after payment of all such sum and sums of money and interest thereon as may be due by virtue of these presents at the time of such seizure, and after payment of the costs, '!ha,rges and expenses incurred by such seizure and sale as aforesaid. And the said party of the first paH doth hereby further cove- nant, promise and agree to and with the said party of the second part, his executors, administrators and assigns, that in case the sum of money realized under such sale as above mentioned shall not be sufficient to pay the whole amount due at the time of such sale, then he, the said party of the first part, his executors or administrators, will forthwith pay any deficiency to the said party of the second part, his executors, administrators and assigns. In witness whereox, the parties to these presents have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of A. B. [l. s.] Y. Z. AFFIDAVIT OF MORTGAGE. Ontario, county of » I •^' ^* ■^•' ®^ *^^ ®^ • ^^ ^^® To wit : 3 county of , the mortgagee in the within bill of sale, by way of mortgage named, make oath and say, that A. B., the mortgagor in the " .thin bill of sale, by way AND LAWS OF TRADE. 2ol /' J| (I ly of mortgage named, is justly and truly indebted to me, this deponent C. D., the mortgagee therein named, in the sum of one hundred dollars mentioned therein. That the said bill of sale, by way of mortgage, was executed in good faith, and foi- the express purpose of se^ mg the payment of the money so justly due as aforesaid, and not for the purpose of protecting the goods and chattels mentioned in the said bill of sale, by way of mortgage, against the creditors of the said A. B., the mortgagor therein named, or preventing the creditors of such mortgagor from obtaining payment of any claim against him. Sworn before me, at the \ C. D. of , in the county of this day of 18 . E. F. J. P., or a Commissioner for taking Affidavits in the Queen's Bench, in and for the county of AFFIDAVIT OF WITNESS. Ontario, County of , to-wit: I, Y. Z,, of the of , in the county of , make oath and say, that I was personally present, and did see the annexed Bill of Sale, by way of mort- gage, duly signed, sealed and delivered by A. B., party thereto, and that the name Y. Z., set and subscribed as a witness to the execution thereof, is of the proper handwriting of me, this depo- nent, and that the same was executed at , in the said county of , Y. Z. Sworn before me, at the of , in the county of ,this day of , 18 . E. F. J. P., or a Commissioner for taking Affidavits in the Queen's Bench, in and for the county of , m I 252 FOUNDATIONS OF SUCCESS CHATTEL MORTGAGE. BY WAY OF SECURITY AGAINST INDORSEMENT. This Indenture, made the day of , 18 , between A. B., of, etc., of the first part, and C. D., of, etc., of the second part: Whereas, the said party of the second part has indorsed the Promissory Note of the said party of the first part for the sum of five hundred dollars, of lawful money of Canada, for the accommodation of the said party of the first part, which Promis- sory Note is in the words and figures followmg, that is to say: [Here copy the note.] And whereas the said party of the first part has agreed to enter into these presents for the purpose of indemnifymg and saving harmless the said party of the second part of and from the payment of the said Promissory Note, or any part thereof, or any note or notes hereafter to be indorsed by the said pr.rty of the second part, for the accommodation of the said party of the first part, by way of renewal of the said recited note, or otherwise howsoever, within the period of one year from the date hereof. Now this Indenture Witnesseth, That the said party of the first part, in consideration of the premises, hath bargained, sold and assigned, and by these presents doth bargain, sell and assign, unto the said party of the second part, his executors, adminis- trators and assigns, all and singular the goods, chattels, furniture and household stuff hereinafter particularly mentioned and expressed, that is to say: [Describe as in preceding form.] To have, hold, receive and take the said goods, chattels, furni- ture and household stuff" hereby assigned or mentioned, or intended so to be, unto the said party of the second part, his executors, administrators and assigns, forever: Provided always — and these presents are upon this condition — that if the said party of the first part, his executors or naid party of the second part, his executors, administrators and assign's, peaceably and quietly to have, hold, use, occupy, possess and enjoy the said goods and chattels without the let, molestation, eviction* hindrance or interruption of him, the said party of the first part, his executors, administrators or assigns, or any of them, or any other persons or person whomsoever. And the said party of the first part doth hereby further covenant, promise and agree, to and with the said party of the second part, his executors and administra- tors, that in case the sum of money realized under any such sale as above mentioned shall not be sufficient to pay the whole amount due on the said note or notes at the time of such sale that he, the said party of the first part, his executors or adminis- trators, shall and will forthwith pay, or cause to be paid, unto the said party of the second part, his executors or administrators, all such sum or sums of money, with interest thereon, a;3 may then be remaining due upon the said note or notes. In witness whereof, the parties to these presents have hereunto scit their hands and seals, the day and year first above written. Signed, sealed and delivered in the presence of A. B. [l. s.] Y. Z. C. D. [L. s.] . AFFIDAVIT OF MORTGAGEE. Ontario, County of , to wit : I, C. D., of, &c., the Mortga- j;ee in the within mortgage named, make oath and say, that such mortgage truly states the extent of the liability intended to be created and covered by such mortgage, and that the said mort- •yfm ill '1 I: ■; I resence of I* J4' 2C4 FOUNDATIONS OF SUCCESS !*; CONDITION OF A BOND OF INDEMNITY ON PAYING LOST NOTE. The condition of this obligation is, that whereas the said E. F., on the 14th day of March last, by his note in writing by him signed, of that date, for value 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 Avhereas the said E. F. hath this day paid the said sum according to the tenor thereof: Now, there- fore, if the above bounden A. B. shall save the said E. F., his executors, administrators and assigns, forever harmless, for having BO paid said sum of money, and from all liability under and by virtue of said note, anc from all loss, cost, damage and expense that shall or may arise i.ierefrom; then this obligation shall be void; otherwise to remain in full force and virtue. Signed, sealed and delivered A, B. [l. S.] in presence of CONDITION OF A BOND TO CONVEY LAND. The condition of this obligation is sych, that if said A. B., upon the payment.of dollars and interest by said D. E. within one year from this date, shall convey to said D. E. and his heirs for- ever, by a good and sufficient deed containing the usual covenants and with bar of dower duly executed, that certain parcel or tract of land and premises situate, lying and being [here insert boun- daries and description]; the premises being then in as good condition as they now are, necessary decay and deterioration excepted; then this obligation shall be void; otherwise to remain in full force and virtue. Signed, sealed and delivered A. B. [l, s.] in presence of BON"D, Conditioned that if the Interest is not paid within a certain time after it ia due, ^^m AND LAWS OF TRADE. 2G5 the whole siim, principal and interest, shall, at the option of the obligee, be due immediately. Know all Men by these Presents: That I, John Smith, of the of , in the county of and Province of , am held and fii-mly bound unto Richard Brown, of the , in the sum of dollars, lawful money of Canada, to be paid to th6 said Richard Brown, his executors, administrators or assigns: for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, and every of them, firmLy by these presents/ Sealed with my seal. Dated the day of , one thousand, eight hundred and The condition of the above obligation is such, that if the above-bounden John Smith, or his heirs, executors or adminis- trators, shall well and truly pay, or. cause to be paid, unto the above-named Richard Brown, his executors, administrators or assigns, the just and full sum of seven hundred dollars, on the day of , which will be in the year one thousand, eight hundred and , and the interest thereon, to be computed from the date hereof, at and after the rate of per cent, per annum, and to be paid quarter yearly; then the above obligation to be void; otherwise to remain in full force and virtue. And it is hereby expressly agreed, that should any default be made in the payment of the said interest, or any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of days, then and from thenceforth — that is to say, after the lapse of the said days, — the aforesaid principal sum of seven hundred dollars, together with all arrearage of Interest thereon, shall, at the option of the said Richard Brown, his exceptors, administrators and assigns, become and be due and payable immediately thereafter, although the period above limited for the pa}^ment thereof may not then have expired, anything here- Hh T ; rac ' - II • 2C6 FOUNDATIONS OF SUCCESS inbefore contained to the contrary thereof notwithstanding. John Smith, [l. s.] Signed, scaled and delivered) Miles Hawley, in presence of ) Benj. Wiley. BOND TO EXECUTORS. ki aiow all Men by these Presents: That I, John 'Smith, of the of , in the county of and Province of , am held and firmly bound unto Richard Brown, of the of , in the county of and Province of , and Peter Jones, of the of , in the county of and Province of , executors of the last will and testament of , late of the of , in the county of and Province of , now deceased, and the survivor of them, his or their executors or administrators, in the penal sum of five thousand dollars, lawful money of Canada, to be paid to the said Richard Brown and Peter Jones, or the sur- vivor of them, his or their executors or administrators; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, and every of them, firmly by these presents. Sealed with my seal. Dated this day of , one thousand, eight hundred and Now, the condition of this obligation is such, that if the above- bounden obligor, his heirs, executors or administrators, shall well and truly pay, or cause to be paid, unto the said Richard Brown and Peter Jones, as such executors as aforesaid, or the survivor of them, his or their executors or administrators, the sum of two thousand five hundired dollars, on the day of , one thou- sand, eight hiuidred an« , with interest thereon at the rate of per cent, pea' annum, then this obligation to be void; othei'- wise to remain in full force, virtue and efiect. Signed, sealed and delivered John Smite. [l. s.] in presence of • AND LAWS OF TRADE. 2G7 r ro BOND FOR A DEED. Know all Men, etc. [as in Bond for Payment of Money to] The condition of this obligation is such, that if the above- bounden shall, on the day of next, make, execute and deliver unto the said Richard Brown (provided that the said Richard Brown shall, on or before that day, have paid to the said obligor the sum of one hundred dollars, the price by said Richard Brown agreed to be paid therefor), a good and sufficient deed, with the usual covenants and bar of dower duly executed, of all that certain piece or parcel of land (here describe the land), then this obligation to be void ; otherwise to remain in full force, virtue and effect. Signed, sealed and delivered John Smith, [l. s.] in presence of BOND OF TREASURER OR TRUSTEE OF AN ASSOCIATION. Know all Men by these Presents: That we, John Smith, as principal, and Richard Brown and Ira Stearns as sureties, all of the of , in the county of and Province of , are held and firmly bound unto llenry Hip-gins and Thomas Sharpe, both of the of aforesaid, in the sum of one thousand dollars, lawful money of Canada, to be paid unto the said Henry Higgins and Thomas Sliarpe, or their successors in office, or their certain attorneys, executors, administrators or assigns; to which payment, well and» truly to be made, we jointly and severally bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated the day of , one thousand, ciglit hundred and The condition of this obligation is such, that whereas the above- named John Smith has been chosen by an , known as the , treasurer (or one of the trustees) of said , by reason whereof, and as such treasurer (or trustee^, he will receive into M m 1 mI I K' 1 » I 2G8 FOUNDATIONS OF SUCCESS his hands and possession sums of money, goods and chattels, and other things, the property of said ; and is bound to keep true and accurate accounts of said property, and of his receipts and disbursements for and on account of said Now, therefore, if the said John Smith shall well and truly perform all and singular the duties of treasurer (or trustee) of said , for and during his official term, and until he shall deliver all the property iv^hich he may receive as such treasurer (or trustee) to his successor- in said office, or to such other person as the said or its authorized officers may direct, according to the provisions of the constitution, by-laws, rules and regula- tions of said , now existing, or which may be by said adopted; 'and shall keep true and just accounts of all property belonging to the said that may come to his hands; and shall exhibit and submit to the said , or to the persons by them thereunto appointed, his said accounts and the vouchers therefor, whenever he shall be thereto properly requested; and shall, at the expiration of his term of office, by any cause whatever, deliver up to his successor in office all the property of the said that may be found to remain in his hands, and his books of accounts and the vouchers thereunto belonjjinrj ; then this obli^a- tion shall be null and void, otherwise to remain in full force and virtue. John Smith. [l. s.] Signed, sealed and delivered Richard Brown, [l. s.] Ira Stearns. in presence of [L. s.] BOTTOMRY BOND. ♦ Know all Men by these Presents: That I, John Smith, now * Bottomry is the act of borrowing tnoney, and pledging the keel or bottom of the ship (that is, the ship itself) as security for the repayment of the money. The contract of bottomry is in the nature of a mort^'age — the owner of a shij) bor- rowing money to enable him to carry on a voyage, and pledging the ship as security for the money ; but if the ship is lost, the lender loses the money ; if she arrives safe, he is to receive back the money lent, with the interest agreed upon, although it may exceed the legal rate of interest. The tackle of the ship is also liable, as well as the ship itself, and the borrower is likewise personally respon- sible if the ship arrive. Jitujiondentia is where the money is borrowed upon goods shipped, instead of the ship itself. aft W he] f AND LA.WS 07 TRADE. 2G9 master and commander r.f tho bark or vessel called the , of the burden of tons thereabout, now Ij'ing at the port of , am held and firmly bound unto Richard Brown, of the of , in the county of and Province of , in the sum of two thousand dolla^ s, lawful money of Canada, to be paid to the said Richard Brown, or to his certain attorney, executors, admin- istrators or assigns; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators, and also the said vessel, her tackle, apparel and furniture, firmly by these presents. Sealed with my seal, at the of , this d".y of , one thousand, eight hundred and "Whereas, the above-bounden John Smith has been obliged to take up and borrow, and has received from the said Richard Brown, for t.. 3 use of the said vessel, and for the purpose of fitting thp ^fl'-~-- {^r sea, one thousand dollars, lawful money of Canada, • i • sum is to be and remain as a lien and bottomry on the said vessel, her tackle, apparel and furniture, at the rate or premium of per cent, for the voyage; in consideration whereof, all risks of the seas, rivers, enemies, fires, pirates, etc., are to be on account of the said Richard Brown. And for the better security of the said sum and premium, the said master doth, by these presents, hypothecate and assign over to the said Richard Brown, his heirs, executors, administrators and assigns, the said vessel, her tackle, apparel and furniture, and it is hereby declared that the said vessel is thus hypothecated and assigned over for the security of the money so borrowed and taken up as aforesaid, and shall be delivered for no other use or purpose whatever, until this bond is first paid, together with the premium hereby agreed to be paid thereon. Now, the condition of this obligation is such, that if the above- bounden John Smith shall well and truly pay, or cause to be paid, unto the said Richard Brown, his certain attorney, executors, administrators and assigns, the just and full sum of one thousand ;,in, \ i '^- I I' ? ■1* ii JSgtfc.- I i: rr !' ■ 270 FOUNDATIONS OF SUCCESS I » II- i i .■: ■ dollars, lawful money as aforesaid, being the sum borrowed, and also the premium aforesaid, at or before the expiration of days after the arrival of the said vessel at the port of , then this obligation and the said hypothecation to be void and of no effect; otherwise to remain in full force and virtue. Having signed and executed two bonds of the same tenor and date, one of which being accomplisheu, tne other to be void and of no effect. John Smith. -. s.] Signed, sealed an-^ delivered ) Miles Hawley, in presence of i Benj. Wiley. COMMISSION BUSINESS. A commission merchant may be engaged exclusively in buying goods for other- , or he may be the receiver and seller of produce belonging to the farmer or planter, of manufactures belonging to the manufacturer, or of merchandise belonging to other mer- chants. When the farmer, manufacturer or merchant cannot conveniently take his wares to markets where they will meet with ready sale, he sends them to the agent and gives him authority or a commission to sell — hence the name Commission Merchant. * The party who sends goods to another to be sold on commis- sion is called the consignor, or shipper ; the party to whom they are sent, the consignee ; and the goods sent, the consignment. There are few merchants engaged exclusively in buying goods for others ; but there are many who combine the purchasing agency with their other business, whether that be on their own account or on commission. •!• After disposing of a consignment the merchant is often required to invest in other goods the amount realized, which the seller cannot readily obtain at home. The * The Coiainission Merchant diSferg from the broker in having a place for the sale of goods. t A dry goods merchant may be instructed tu purchase a bill of hardware for his country customer, but he se.dom charges for Buch services, unless they mvcive . espuuaibiUty or coadauM uiu«Ui time. AND LAWS OF TRADE. 271 charge for such services varies from half the selling commission to the whole. A merchant or manufacturer, when consigning goods, usually sends an invoice and a letter of advice ; but producers generally ship without an invoice, and often without sending instructions, or even a bill of lading. There are, however, generally some means by which the shipper is known. Either his name is on the packages, or the freight-bill states the place of shipment, or perhaps the goods have been previously arranged for. When keeping accounts in commission business, it is customary to charge the goods, under some specific title, with all the expense incurred on tl.cir account, and to charge the shipper with all moneys advanced to him on the goods ; but no credit is given, the shipper until the goods are sold. The titles for consignments used by merchants are variable, some name them after the shippers, as "Jones' Consignment," or "Jones' Sales;" others number them consecutively, and enter them accordingly ; but in no case are such goods called simply "Mer- chandise." If it were otherwise, it would be difficult to keep a separate account with each consignment, without which a correct statement of the sales could not be rendered. The charges usually incurred are for freight, drayage or cart- age, insurance, inspection, storage, government tax, cooperage, advertising and commission. Drayage is charged for transport- ing goods from the depot or wharf to the place of sale, and for delivering goods when they are sold to be delivered free of charge. Insurance is usually charged for at monthly rates, and should always be charged when advances are made upon tho goods. Inspection is charged on flour, grain or other goods subject to it by the laws of trade. It is the business of the inspector to in- spect all goods subject to inspection on their arrival, and collect his fees from the consignee or owner. Storage is charged by the month, and the custom in many places is to charge for any pai't i ' '\.'' ^ if il> n il-l ! ,. I 272 FOUNDATIONS OF SUCCESS 0? a month the same as for a full month. Cooperage is charged for repairing done to barrels or hogsheads injured in transpor- tation. The usual rate of commission is 2h per cent, on the gross proceeds of sales, though in some places commission is charged for by the barrel or package. When very large or very small quantities of goods are sold, the rate of commission varies accordingly. When goods are sold on credit and the proceeds are remitted before collection, an additional charge called guaran- tee is made. This is generally put at the same rate as commis- sior, When commission goods are sold to jobbers, it is generally done on 'Change (at the Merchants' Exchange), where samples are bought and placed on exhibition, and labeled. A merchant making a purchase of such goods, in this way, notes, in ink, the particulars of purchase on a card or blank used for the purpose, compares notes with the seller, and, when he goes to his office, hands the memorandum to the book-keeper for insertion in his memorandum book, until the goods are received and the invoice is examined. When sold to retaihrs, the goods are disposed of at the store, and the entries made at the time. As a rule, trans- portation is charged when goods are delivered. In no department of accountantship is there so much difference of opinion and practice as in that which pertains to commission business. One class of book-keepers pass all transactions through the day-book ; another, only a few transactions, such as the closing entries of consignments; another journalizes direct from the books of original entry; and still another, and an increasingly large class, post direct from the books of original entry. The books and their rulings will, therefore, depend upon the method of book-k^ ^. .iig adopted and the chamcter of the business. ■ The sack-book is used for noting the return of sacks ; the receiving-book for recording the receipt of goods, with charges al]_i goc pre ter, mu the AND LAWS OF TRADE. 273 for transportation, and other particulars. The sales ledfjer is used for recording all particulars relating to consignments. In it is a separate account with each consignment, and each account occupies two pages, ruled with double money columns on each page. On the left are entered the quantity and quality of the goods, with all charges ; on tlie right, the sales are transcribed from the sales-book. From this book are made out statements called account-sales for the consignors, and these account-sales are then copied into another book called an account sales-book, and afterwards mailed. The cash-book should contain two money-columns on each side, as before, and the items be posted direct to the ledger. An account sales contains a statement of the sales, cost of freight (if not paid in advance), drayage, commission, and other charges. An account sales should not give the names of buyers of the goods, except where the sales are made on time and are not gTiaranteed, because the agent would unnecessarily expose his business to his principal. When sales are made on time, and collections are guaranteed, a per centage equal to the rate of commission is usually charged, and the charge is called a guarantee. Account sales are copied into a book similar to a letter-book, and in the same way. COUNTRY PRODUCE. In the preparation of any kind of countiy produce for ship- ment and sale, it always pays to have it put in good, careful shipping order. The first view a buyer gets of any article usu- ally detei mines him, and hence the impoitance of having it in good shape and sightly in appearance, so as on first sight to im- press favorably. Especially does this hold in the articles of but- ter, lard and fruit, and such things as are liable to deteriorate by much handling. It generally takes from three to six days after the arrival of the articles to effect sales and render account, as I <^ / ^p). V •^ 7 IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I :^ 1^ 12.0 11-25 i 1.4 1^ 1.6 k / A ^.<^% iV V, r/u ^ :\ \ ^\ Wk\ %^^ ^^^ >?^ vV II H 274 .TOUNDATIONS OF SUCCESS !> most sr/ics are made on "Change," where the custom holds to give three to five days' time to examine the article sold to see that it is all right before final payment. Drafts on bills of lading attached can be drawn, say on grain m bulk, at two-thirds the value at point of purchase. It is not custwnary to hav'e advances made on such small items as are caken in the way of trade by countiy stores, but only on car- loads where the value is something of an object. Grain shipped in bulk goes to the elevator, and is graded by the inspector, and put in on general grade, unless noted on bill of lading " special bin." A certificate is at once issued, according to grade, number of bushels in the car, and the sale made on said certificates. Grain thus stored in elevator is subject to two cents per bushel charge for first ten days, and one-half cent for each succeeding ten days thereafter. Grain in sacks going to elevator is subject to a charge of four cents per sack on wheat, and six cents on oats and com, for the first ten days' storage, and one cent on wheat and two cents on oats on each ten days subsequent for as long as it remains there- after : of course there may be a variation at diflTcrent seasons. In case a party shipping produce to be sold, and not desiring the same to be sold at the prices then governing the market, he i!an consign the same to some elevator at the point of destination, where the same will be stored subject to the order of the owner. .The shipper can give orders to the elevator company to hold until the prices reach a certain figtire, or to sell when the eleva- tor company think best ; but in either case the directions of the shipper will hold him responsible. In case the grain or produce is stored, it would be well to order the elevator company to have the same insured, or have it done yourself. In shipping to a commission merchant, the shipper should know well the party he ships to, either personally or by reputa^ tion. A merchant who acts squarely with his customers can AWD LAWS OP TRADE. 275 soon satisfy any one that he will be dealt fairly by, and such guarantees should always be demanded by the shipper, and in case the merchant does not furaish such recommendations, the shipper, in self-defence, should refuse to trust him with his pro- duce. Be cautious with new houses, and any respectable and honest commission merchant will so advise you. LIABILITY OF CONSIGNOR. The consignor is responsible to the carrier for his charges in the carriage of the goods, and the carrier may con.sequently maintain an action against him for their amount. And it has been held that the usual clau.se in a bill of lading, engaging the master of the ship to deliver the goods to the consignee, or his assigns, " he or they paying freight for the said goods," is introduced for the benefit of the carrier of the goods only, and merely to give him the option, if he thinks fit, to insist upon his receiving freight aboard before he delivers the goods ; and that if he waives the benefit of that provision in his favor, and deliv- ers the goods without firet 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, how- ever, if the goods were not owned by the consignor, and were not .shipped on his account, and for his benefit, that the carrier, where the bill of lading contained this clause, would not be enti- tled 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 a 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, consequently, be sued therefor, cither by the master or ship- .1 (I h-l 27G FOUNDATIONS OF SUCCESS I J4|i liHl 1 I \ owner, unless he is a mere ajrent receivinjr tlic goods on behalf of a known principil, and unless the goods have been shipped under a charter party of affreightment, 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 the ship-owner an^rees to deliver them to the consignee, by name, he payin'j freight, is not liable for general average, 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, made the payment of general average a condition precedent to the delivery of the goods. WHETHER THE CONSIGNOR OR CONSIGNEE MAY SUE THE CARRIER I IN CASE OF A LOSS. It is sometimes difficult to decide, 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 consignor 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 delivery 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 loi;s should be brought by the consignee, and not by the con- signor. 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 consignor until actual AND LAWS OF TRADE. 277 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 earner 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 goods are shipped by the consignor to be sold on liis 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 consignor, whereby the consignor agrees to pay the carrier for the safe carriage and delivery of the goods, the consignor is entitled, as well as the consignee, to sue the carrier for a loss. THE EXTENT TO WHICH THE BILL OF LADING IS BINDING UPON THE SHIP-OWNER OR MASTER. The bill of lading is the written acknowledgment of the mas- ter that he has received the goods from the shipper, to be con- veyed, 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 t'lem. The bill of lading usually contains, among other things, the amount and condition of the goods shipped; and a question has been raised, how far the mas- ter and ship-owners are bound by these and other statements made therein? lit < I' r ;'l iii I 278 POimDATIONS OF SUCCESS i I in The bill of lading is, in all cases, prima facie evidence of the statements therein contained; but, as between the consignor and consignee and the ship-ownens, it may be controled by other evi- dence. 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, in 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 barrels 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 lading, 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 lading to have been shipped, it was held that the ship- owners might prove that 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 great measure, upon the confidence which can be placed in the con'ectness of the statements therein contained, it would seem to be contrary to the policy of the law to permit cither 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 cannot dispute or deny what his agent, the master, by his signature, has affirmed. The question is, however, still open to discussion. Where the master has signed a bill of lading, in which it was stated that the freight had been paid by the shippers, though nothing in fact had been received, and the bill of lading was AKD LAWS OF TRADE. 279 Mil transferred by the consignee for a valuable consideration, it was held that neither the master nor the ship-owners could claim freight from the assignee of the bill of lading, but were bound, as against such assignee, 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 in such cases the master ought to insei-t words in the bill of lading denoting that the quality and quantity are only according to the repre- sentation of the merchant. And the master should be careful not to sign bills of lading until the goods are actually delivered to him, nor to permit the insertion of statements therein at vari- ance with the facts. By so doing, he may bind his owners, and become himself responsible to them and to other parties. i ■' ^ i' 1'' i ■1' GOODS AT THE RISK OP THE PURCHASER WHILE IN THE HANDS OF THE CAHRIER. Where goods are sent by a seller to a purchaser, the delivery jf them to the carrier usually vests the property in the purchaser, Absolutely, from the time of the delivery; and if any loss hap- pens to the goods, he, and not the seller, must sustain it, if carrier fails to make it good. If, therefore, the goods never reach the purchaser, but are lost while in the hands of the carrier, the seller nay, 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 goods. The seller is bound to follow the directions prescribed by the purchaser in the execution of an order for goods, since the latter sustains the risk of their conveyance; but in the absence of any specific directions upon that subject, the seller will be considered as duly performing 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 5. .1 i < , 'H 2S0 FOUNDATIONS OF SUCCESS the consignor until their delivery to the purchaser, that agree- ment will be binding. STOPPAGE IN TRANSITU. wliere goods have been shipped upon credit, and the consignee has become bankrupt, 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 upon their arri^^l at the place of destination, to cause them 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 bankrupt or insolvent for the consignor to exercise this right. If goods are sent by order of the consignee, on his account and at his risk, and the consignor draws bills of exchange on him for the piice, and indorses and transmits the bills of lading, the consignor can- not take possession of the goods at the place of destination, and insist upon immediate payment as the condition of delivery, if the consignee has accepted the bills drawn upon him by the consignor. The consignor may exercise this right of resuming possession of the goods in case of the bankruptcy or insolvency of the con- signee, at any time before the goods have come into the actual or constructive possession of the consignee, unless the latter has made a valid assignment of the bill of lading for a valuable con- sideration, in which case the goods belong to such assignee, and the consignor cannot resume possession of them, even if the con- signee has become insolvent. INSURANCE OF GOODS IN SHIPPING. Parties who order their goods sent by water generally request the shipper to get the goods insured, if the distance is consider- able ; and also during the winter season for short routes. This is always advisable, and as the cost is small, self-interest will AND LAWS OF TRADE. 281 prompt the merchant to have the goods insured. Eitlier the shipper or the one to whom the goods are consigned, can have the same insured. Many concerns have their goods in what is called an "open policy." Under the provisions of this policy, all merchandise shipped by the steamships of either of the several companies designated in the policy is insured as soon as placed on board. The insurance company stipulates, however, that information shall be given regaiding th'i value of the goods on tho way as soon as the invoice is received from the parties who have .shipped them ; and that a premium shall be paid on each and ever}' lot of merchandise imported by the house by either of the lines mentioned in the poliq^. FIRE INSURANCE. An insurer against fire must not alter the premises so that they no longer agree with the description of them in the policy. When material alterations are contemplated, notice should be given to the insurers. A fire insurance policy only protects goods so long as they remain in the same house as when the policy was effected. On a change of residence, notice should be given to the insurance agent, and the policy will be altered accordingly. LIFE INSURANCE. Speculative policies of insurance are illegal. A wife may in- sure the life of her husband ; a husband may insure the life of his wife ; a creditor may insure the life of his debtor. The con- sent of the assured must in each case be obtained. A person about to effect an insurance on his life must answer the questions proposed with accuracy ; any false re, *'e stations makes the policy void. Some assurance companies declare their policies indisputable, but no contract can be made which is indis- putable in law. A 'policy is not vacated by the suicide of the assured in a stai. insanity. When a party lends money Kk ^ if 282 FOUNDATIONS OF SUCCESS i a. I I on the security of a policy of inBurance, the lender should have the custody of the policy, and notice should be given to the insurance oiHce that the loan has been made and the policy assigned. AGENCIES. Within the past dozen years the system of doinjj business through agencies has become one of vast importance, and is one that is certainly being enlarged ; and the indications are, that that style of doing business will be one of mammoth proportions. Every newspaper in the country contains calls for them for the sale of every description of merchandise, and at the present day some mercantile establisliments do their entire business through agents, and make no efforts to obtain any other kind of trade. For instance, we will take the book business. A few years ago the entire business was done in the trade through stores, but to- day the best books are sold through agents, and under no circum- stances will some publishers allow others than agents to handle their books. Now, for the reason of preferring agents : a good book, by the old system, might reach a sale of .5,000 copies, and that would be called a success ; but the same book, sold exclusively tdirough agents, would have a sale of 100,000 copies, and even more. Veiy many young men receive their first practical business instruction in the capacity of agents, and we know of no school that will aid him as much in so short a time as the business of an agent. Our recommendation to every young man, no matter what his future may be, is to give the agency for books, patented articles, or soliciting for insurance, a fair trial. Every agent should understand his rights and duties, so that he may insist on the former, and observe the latter. There are two kinds of agents — general and special. A general agent is one appointed to transact all his principal's business, or all his business of a certain kind, while a special agent is one consti- I* AND LAWS OF TRADE. 283 I V tuted for a fixed purpose, and acts under a limited and circum- scribed authority. For instunce, a commission merchant is a general agent, whereas, one who sells a special article comes under the head of a special agent. Every agent should make it his first duty to obey orders. Wl)en the instructions of the principal are not direct and spe- cific, the understanding is that the agent will, under the circum- stances, act in accordance with the recognized rules of that branch of the trade. In case goods are consigned to a party and no price is fixed, it is understood that the best market rates are to be obtained, and in case the agent fails to do his duty he is accountable. In case a price has been fixed by the principal, the agent has no right to do otherwise than obey orders, and in case he violates his instructions he is accountable. The agent who remits money to his principal should do so by the safest plan, otherwise he is liable for the same ; and in case he makes false returns he can be prosecuted on a criminal charge. An agent should always be careful to let the party he is dealing with understand that he is agent, and such notice should be in writing, otherwise he may make himself liable on an obligation. It is the duty of every agent to frequently communicate with his employer, and report to him full particulars of his actions. CANADIAN PATENTS. Patents are granted under the Patent Act of 1872, for the whole of the Dominion, to foreigners as well as to Canadiaiis. The assignee of an invention can apply for and obtain a patent as well as the inventor, or the assignee can apply jointly with the inventor, in which case the patent will be issued jointly to the inventor and his assignee. Two or more separate inven- tions cannot be included in one patent, unless they are relatively dependent on each other. The inveptor is deprived of his right to obtain a Canadian patent if he has got a patent for the I 284 FOUNDATIONS OF SUCCESS same invention in any othe country for more than one year prior to his application. Before, making application for a patent, the applicant should, by searching the Patent Ortice records, a.scertain if any invention similar in any respect has been patented in Canada, and if there has, the time and expense of constructing models, preparing doc- uments, drawings, etc., may be saved by si ^i search, and if the invention has been patented in part only, it ill enable the appli- cant to modify his claims accordingly. A patent can be assigned to any person without respect to nationality or residence, and such assignment must bo registered in the office of the Commissioner of Patents at Ottawa. ^ re-issue is granted tc the original patentee, or to his a.ssignee or legal representatives of the entire interest, when by reason of an insufficient or defective specification and description such patent is invalid, provided the enor has not arisen through fraud or deceptive intention. Re-issued patents expire at the same time that the original patent would have done. When a patent is too broad in its claims, and it claims more than is new, the patentee, or any one owning an interest therein, may file a disclaimer to the extent of liis interest therein. A personal appearance of the applicant, or his representative, at the Patent Office is not required unless specially called for by the Commissioner or Deputy Commissioner, the business being transacted in writing. Correspondence will be carried on with the applicant or his agent, but only with one person. All documents must be legibly and neatly written on foolscap paper, With an inner margin of one inch and a half wide. All communications must be addressed "TO THE COMMISSIONER OF PATENTS, OTTAWA." Correspondence with the Patent Department is caiTied through the Canadian mails free of postage. Neat and substantial work- AND LAWS OF TRADE. 285 ing models ot the invention, not to exceed 18 inehes on ita longest side, unless by special permission, and showing exactly every par* f the invention and its mode of working, must be furnished ;.• the Patent Office free of all charges. In case where samples of ingredients are required by law, they must be con- tained in glass bottles, btit dangerous or explosive substances are not to be sent. Both models and bottles must bear the title of ♦he invention, name of the inventor and date of the application. All fees nmst be transmitted with the application, in current bankable funds, enclosed in registered letters or by post-office order, the latter mode is prefeired. An application for a patent must be proceeded with and per- fected within two years after the lodging of the petition, or it will be regarded as abandoned. Caveats can be filed by any per- son in the secret archives of the office to hold for one year unless a patent for a similar invention is applied for, in which case the caveator will have three months notice to send in a full application. The caveat must be composed of a specifica- tion and drawing, certified on oath. All drawings must be on one or more sheets of tracing linen (8 inches by 13 inches) neatly executed, without coloi"s. All assignments of patents, or of any interest therein, are to be accompanied by a copy. The copy will be kept in the Patent Office, and the original will be re- turned with certificates of registration endorsed thereon. In addition to the drawings on tracing linen before mentioned, there must also be a drawing on a sheet oi card-board (8 inches by 13 inches) ; it must be entirely without writing on its face, merely the usual lettering, to designate each part of the inv-ention — such lettering must agree with the lettering on the other draw- ings, and with the specifications. In all cases of applications for patents where the affidavits are made out of Canada, and before a judge, the seal of the court presided over by such judge must be afiixed to the affidavit. All articles patented in Canada must be manufactured there; if I '! M " 256 FOUNDATIONS OF SUCCESS' such TTiannfacturo must he commenced within two years after tho issue of the patent, and if not manufactured and the manufac- ture so commenced, the patent will be null and void. But in case the patentee has been unable to carry on the construciion or manufacture of his invention within the said two years, and shall at any time, not more than three months before the expira- tion of the said two years, adduce proof to the satisfaction of the Commissioner of Patents that he was prevented by reason beyond his control from carrying on the manufacture or con- struction of the invention within the said two years, the Com- missioner may grant to the patentee a further time within which he must begin such manufacture. Every patentee must stamp or engrave on each patented article sold or offered for sale by him the year of the date of the issuing of the patent thus : "Patented 1872," or when the nature of the article patented will not admit of stamping or engraving thereon, a label to that efl'ect shall be attached to each article or to the package containing one or more of such articles. The total cost of obtaining a patent in ordinary cases is as fol- lows, when a solicitor is employed: Fees for preliminary search $ 5 00 For preparing drawings, specifications, &c . . 25 00 Fee to Government 20 00 Total for a patent for five years . . . SoO 00 If the applicant desires the patent to be issued for ten years, add Government fee $20 00 Total for a patent *or ten years. . . .$70 00 If the patent is to be issued for fifteen years add Government Fee $20 00 Total for a patent for fifteen years . . $90 00 AND LAWS OF TRADE. CANADIAN PATENT FORMS. 887 PETITIONS — BY A SOLE INVENTOIL To the Commissioners of Patents, Ottawa: The petition of John Smith, of the City of Toronto, in tiie Province of Ontario, carjicnter, sheweth. That he liath invented new and useful improvements on a machine for bieakinjj stone, not known or used bv others before his invention thereof, and not beinj( in public use or on sale for more than one year previous to his application in Canada, with hhs consent or allowance as such Inventor, the title or name whereof is Smith's Stone Breaking Machine. Your petitioner therefore prays that a patent may be granted to him for the said invention, aud for the purposes of the Patent Act of 1S72, your petitioner elects his domicile in the City of Ottawa, Province of Ontario. JOHN SMITH. Toronto, Ist September, 1872. t BY JOINT INVENTORS. To tlie Commissionei's of Patents, Ottawa: The petition of James Thomas, blacksmith, and Ceorge Robert Major, tinsmith, both of the City of Ottawa, in the County of Carlton, in the Province of Ontario, sheweth, That they have jointly invented a new and useful improve- ment on the art and process of separating smut from wheat, not known or used by otliera before their invention thereof, and not being in public use or on sale for more than one year previous to their application in Canada, with their consent or allowance as such inventors, the title or name whereof is Smith and Major's Process for separating Smut from Wheat. Your petitioners therefore pray that a patent may bo granted to them jointly for the said invention, and, for the purpose of I * 288 FOUNDATIONS OF SUCCESS h 1 ■■ J i I the Patent Act of 1872, your petitioners elect their domicile in the City of Ottawa, in the Province of Ontario. James Thomas. George Robert Majok. Ottawa, 1st September, 1872. BY AN assignee, OR LEGATEE "MUTATIS MUTANDIS." To tho Commissioners of Patents, Ottawa: The petition of Solomon Lang, of the City of Montreal, Pro- vince of Quebec, laborer, shcYeth, That Thomas Tardy, of the City of Ottawa, Province of Ontario, saloon keeper, hath invented new and useful improve- ments on planing machines not known or used by others before his invention thereof, and not being in public use or on sale for more than one year previous to this application in Canada, with the consent or allowance oj the said Thomas Tardy as such inventor. , » That your petitioner by assignment, bearing date 1st Septem- ber, 1872, acquired the right of obtaining a patent from Thomas Tardy aforesaid, for the said invention. Your petitioner therefore prays that a patent may be granted to him, as the assignee of the said Thomas Tardy, for the said invention, title or name whereof is Tardy 's Improved Planing Machine, and, for the purpose of the Patent Act of 1872, your petitioner elects his domicile in the City of Ottawa, Province of Ontario. Montreal, 1st September, 1872. Solomon TiANQ. FOR A re-issue (BY THE INVENTOR.) To the Commissioners of Patents, Ottawa: Tho petition of Thomas Brown, of the City of Ottawa, in the Province of Ontario, lumber manufacturer, sheweth, That your petitioner obtained a patent bearing date the twelfth day of August, A. D. 1870, for a new and useful improveuicut on churns. AND LAWS OF TRADE. 289 That your petitioner is advised that the said patent ia deemed defective or inoperative by reason of insufficient description or specification, and that the errors arose from inadvertance, accident or mistake, v.ithout any fraudulent or deceptive inten- tion. Your petitioner being desirous of obtaining a new patent in accordance with an amended description and specification in duplicate, transmitted herewith, therefore prays that he may be allowed to surrender the aforesaid patent, and a new patent be granted to him in accordance with the amended specification and description for the said invention, for the unexpired period for which the. original patent was gi anted. Thomas Brown. Ottawa, 1st September, 1872. FOR A RE-ISSUE (BY THE ASSIGNEE.) To the Commissioner of Patents, Ottawa : The petition of David Lane, of the Town of Coburg, in the County of Northumberland, Province of Ontario taimer sheweth. That your petitioner by assignment, bearing date the 24th day of June, 1872, obtained the exclusive right to a patent granted to Thomas Tardy, of the City of Ottawa, Province of Ontario, broom maker, on the 1st July, 18C9, for new and useful improve- ments on planing machines. That your petitioner is advised that the said patent is deemed defective or inoperative by reason of insufiicient description or specification, and that the error arose from inadvertence, acci- dent or mistake, without any fraudulent or deceptive intention. Your petitioner being desirous of obtaining a new patent, in accordance with an amended description and specification in duplicate, transmitted herewith, therefore prays that he may be allowed to surrender the aforesaid patent and a new patent be granted to him as assignee of the said Thomas Tardy, in accoid- Ll tr i iW 'If i i* '■f k' ! ih !■• ' ■ M 290 FOUNDATIONS OF SUCCESS ance with the amended specification and description for the sai'^ invention, for the unexpired period for which the original pate*^. ryas granted. Coburg, Ist September, 1872. David Lane. To the Commissioner of Patents, Ottawa: The petition of Martin Scott, of the city of Montreal, in the Povince of Quebec, cooper, sheweth: That on the 23rd June, 1870, your petitioner obtained a patent for the period of five years from the said date, for new and \iseful improvements on chums. . That he is the holder of the said patent, and therefore prays that it may be extended for another period of five years. Signed this first day of September, eighteen hundred and seventy-two. Martin Scott. FOR the EXTEIsTION OF THE PERIOD OF A PATENT (ASSIGNEE). To the Commissioner of Patents, Ottawa: The petition of Simon Smith, of the city of Halifax, in the Province of Nova Scotia, mariner, sheweth : That by assignment, dated 1st July, 1871, he obtained from John Brown, of :he village of Bridgetown, in the county of Annapolis, in the Province of Nova Scotia, stone-mason, the exclusive right to a patent granted on the 29th June, 1870, for a period of five years from the said date, to the said John Brown, for new and useful improvements in plows. That your petitioner, being the holder of the said patent, there- fore prays that the said patent may be extended for another period of five years. feigned this first day of September, eighteen hundred and seventy-two. SiMON Smith. SPECIFICATIONS. The duplicate specifications, in every application, must each be AND LAWS OF TRADE. 291 identified by the justice or Judge who takes the affidavit of the inventor, as "the specification referred to in the inventor's affi- davit annexed." Such identification to be, by certificate, written at end of, and in each such specification. Thus: "This is the specification referred to in the affidavit of hereto annexed. Sworn before me this day of A. D. 18 ." Judge, or J. P. SPECIFICATIONS. FOR A MACiilNE. To all whom it may concern : Be it known that I, William Wood, of the Town of Chatham, in the County of Kent, and Provioice of Ontario, carpenter, have invented certain new and useful improvements on plandng ma- chines, and I do hereby declare that the following is a full, clear and exact description of the same, The first part of my invention relates to the combination of rotary cutters and feeding rollers in such a manner^ that the ^aid feeding rollers shall be capable of feeding the lumber to the cut- ters, and also of effectually resisting the tendency of the cutters to draw the lumber upwards towards them, the object of this part of my invention being to reduce the lumber operated to a nnifonnity of thickness and to give it a planed and even surface upon one side thereof. The second part of my invention relates to the combination with feeding rollers and rotary cutters for planing one of the principal surfaces of the lumber, of rotary machine cutters so to form a tongue or groove, or both, upon the edge or edges of ' lumber at tlie same time that one of its principal surfaces is planed. Figure 1 is a side elevation of a machine embodying my invention. Figure 2 is a plan of the same. i ■t. I ..J i 'I li 292 FOUNDATIONS OF SUCCESS Figure 3 is an elevation showing that end of the Ujachine which is at the right hand in Figure 1. Figure 4 is a vertical transverse section, showing those parts of the machine which are at the right hand of the line xx drawn across Figures 1 and 2. A is the frame of the machine, which frame should ''te sub- stantially constructed to resist the vibrations of the operating parts. B is the driving-pulley, which is hung on the main shaft C of the machine, from which latter, motion is comnumicated to the operating parts. D is the shaft of the rotary cutters by which the lumber is planed. This shaft is made flat \ipon two of its sides, between its bearings, for the reception of the cutters EE, which are firmly secured to it by bolts aa, the holes through these cutters for the reception of these bolts elongated in the direction of the width of the cutters to allow the necessary adjustment of the cutters. The shaft D is hung in adjustable bearings, by Avhich it may be elevated and depressed to regulate the thicknes| of the planed lumber. F is a pulley on the shaft. D, which receives motion by belt G, from the band-wheel H, on the driving-shaft. II and J J are the feeding-rollers, each pair of which is connected by finger ])inions bb, and the upper roller of eai^h pair is hung in spring bearings, which .Jlow it to yield slightly upward to pressure, to adapt it to any difl'erences or inequalities in the thickness of the lumber. The loAver roller of each pair is provided with a worm-wheel c, which meshes into a worm or endless screw d on the shaft Ic which is propelled by a bevel-wheel I on tho main shaft, working into the bevcl-wLcel/ on the shank k. ' L and M are cutters hung upon vertical 8..afta N and O, one set of these cutters being adapted to form a groove, and the other to form a tongue upon the edge of the board to be operated upon. These cutters are attached to the shafts in tho manner already described with relation to the cutters EE, ^ AUD LAWS OF TRADE. 203 The shafts N and arc provided with pulleys 51*7, and rotation '3 communicated to them by belts hh,iroM\ pulleys il on the main shaft, rotation being given in the direction of the arrow to the driving-pulley. The lumber to be planed is introduced from the end of the machine, which is shown at the right hand in P^igures 1 and 2, and being grasped by the rollers II, is by them drawn forward to the cutters EE, which being rapidly revolved towards the advancing lumber, plane it to the proper thickness; and as the lumber continues to advance, it is grasped by the rollers JJ, which aid in the feeding motion, and discharge the board after it has passed the cutters. The upper rollers I and J, being hung in spring bearing, always exert a pressure on the top of the board, and thus prevent its being raised up by the action of the cutters EE. When the lumber is designed for floors or ceilings, or other purpose for which it is required to be matched, a tongue is formed on one edge of it and a groove on the other, by the cut- ters L and M, which both revolve toward the advancing >»onrd; and these operations are performed at the same time that tlie upper sui-face of the board is planed, the whole being done at a single operation. When the lumber is required to be matched, it should be first reduced to a uniform width, and guided in its introduction into the machine by a gauge P attached to the bed Q of the machine. When the lumber is not to be matched, this gauge and the cut- ters L and III should be taken off and dispensed with. I make no claim to the mode in which the cutters are secured upon their shaft, nor to the adjustable bearings which pennit of the elevation or depression of the shaft, for I am aware that these are not new; but I claim as my invention: Ist. The combination of the cutters EE and the feeding-rollers II and JJ, substantially as and for the purpose hereinbefore set forth. •i b I I (•ill 294 FOUNDATIONS OF SUCCESS llr 2n(l. The combination with the cutlers EE and the fccding- toIIptn II and JJ, of the cutters L and M, substantially as and for the purpose hereinbefore set forth. William Wood. Chatham, Ist September, 1877. o- 1 . ,, e) Jktiiro Wood. binned in the presence of ■ , „ ** ^ ' Oliver Evans. DRAWINGS. Each sheet shall contain the following: The name of the invention, brief references (A shaft, B valve), place, date, signa- tures of two witnesses, the following certificate: "Certified to be the drawing referred to in the specification hereunto annexed," and the signature of the inventor or his attorney. SPECIFICATION BY ADMINISTRATOR OF INVENTOR. FOR A C0Mr(JSITI0N OF MATTEB. To all whom it may concern: Be it known that I Ebenczer Whitney, of the city of Kingston, in the county of Frontenac and Province of Ontario, gentleman, am the administrator of the estate of Benjamin Browning, in his life time of the said city, gentleman, and that the said Benjamin Browning did invent a certain new and useful composition of matter to be used in the manufacture of wool, and I do hereby declare that the following is a full, clear and exact Ascription of the same: The nature of the invention of the said Benjamin Browning consists in mixing olive, lard or rape-seed oil with a solution of oil of soap dissolved in hot water. To prepare the wool oil, take a quantity of oil soap of any kind, provided the (]uality be good, and dissolve the same in hot water, say about tliirty r mds of oil soap to thirty gallons of water, or a sufficient quantity of soap to saturate the water. Then take equal parts, by measure, of oHve, lard, rape-seed or AND LAWS OF TRADE. 295 any other kind of oil which can be used on wool in flie process of its inanufacture, and mix it with the preparation oioresaid to wit, the soap solution, which, after such mixture, is ready to bo used on wool, with as beneficial an eti'ect as if pure oil only had been used. This wool oil will not decompose by age, because the oil of soap neutralizes the stc rne in the oil; hence there is noth- ing to decompose; and for the same reason spontaneous combus- tion cannot be produced. I claim as the invention of the said Benjamin Browning a compound composed of any of the oils ordinarily used on wool in its manufacture and a solution of oil soap, substantially in the proportions and for the purposes set forth. EIbenezer Whitney, Kingston, 1st September, 1877. Admiiiiatrator. bigned in the presence of r ,, ' ,j Henuy Smith. OATHS. BY SOLE INVENTOR. Canada, Province of Ontario, ) I, Charles Smith, of the city County of York, to wit : 3 of Toronto, in the county of York, and Province of Ontario, carpenter, make oath and swear, that 1 veiuly believe that I am the first inventor of new and use- ful improvements in a machine for breaking stone, described and claimed in the annexed specification, and for which I solicit a patent by my petition, dated 1st September, 1877; and I further make oath that the several allegations contained in the said peti- tion are respectively true and correct. JiTARLES Smith. Sworn before me, at the city of Toronto, this first day of September, one thousand eight hundred and seventy-seven. Thomas Brown. J. P. for the county of York. ! ! K i h 'i I 296 FOUNDATIONS OF SUCCESS 10 BY JOINT INVENTORS. Canada, Province of Ontario, ) We, James Thomas, of the County of Kent, to wit : i town of Chatham, in the county of Kent, and Province of Ontario, blacksmith, and George ilob- erts, of the same place, tinsmith, do hereby severally make oath and solemnly swear, and say, And 1st. I, this deponent, James Thomas, for myself do hereby solemnly swear and say, that I heicby verily believe that I and the said George Roberts arc the true inventors of a new and use- ful improvement on the art or process of separating smut from wheat, described and claimed in the annexed specification, for which we solicit a patent by our petition to the Commissioner of Patents, dated 1st September, 1877. And I farther make oath that the several allegations contained in the said petition are respectively true and correct. And 2nd. I, this deponent, George Roberts, for myself do hereby make oath and solemnly swear and I verily believe that T and the above-namea James Thomas are the true inventors of a new and :iseful improvement on the art or process of separat- ing smut irom wheat, described and claimed in the annexed specification, for which we soMciit a patent by our petition to the Commissioner of Patents, dated 1st September, 1877. And I further make oath that the several allegations contained in the said petition t*re respectively true and correct. James Thomas. George Roberts. Sworn before me by the said James Thomas and George Roberts this 1st day of September, 1877, at the town of Chatham. John SMtTH. J. P. for the county of Kent. When the invention has lieen assigned before the issue of patent the affidavit must be made by the " inventor," not by the "assignee.** A!:d laws of trade. 297 If the inventor is tU'a J George Hall. AND LAWS OF TRADE. 299 TARIFF OF FEES. Tho following fees shall bo payable to the Commissioner, before an application for any of tho purposes hereinafter men- tioned shall bo entertained, that is to say : On petition for patent for 5 years. . S20.00 On petition for a p.-rtent for 10 years . . 40.00 On petition for a patent for 15 years GO.OO On petition for extension from 5 to 10 years . . . . 20.00 On petition for extension from 10 to 15 years 20.00 On petition for extension from 5 to 15 years . . . . 40.00 On lod^'ing a caveat 5.00 On asking to register a judgment jTi'O tanto 4.00 On asking to register an assignment 2.00 On asking to attach a disclaimer to a patent 2.00 On asking for a copy of patent with specification . . . . 4.00 On petition to re-is.sue a patent after surrender, and on petition to extend a former patent to the Dominion, for- every unexpired year of the duration of sub- patent, the fee shall be at the rate of 4.00 On office copies of documents, not above mentioned, the fol- lowing charges shall be made : J^ or every single or first folio of certified copy $0.50 j^or every subsequent hundred words (fractions from and under fifty being not counted, and over fifty being counted for ono hundred) 0.25 I/" I' »l FOT.£IGN PATENTS. Models similar to those required b^ the Canadian Patent Office are not required for application in any European country. The utmost care is, however, necessary in the preparation of the specifications and ck-awirgs, which are gotten up altogether differ- ently from ours. A variety of stamp and tax duties must be paid ; and there are many official formalities to be observed, re- i ^ 1 .1 ■I i 1>" i soo FOUNDATIONS OF SUCCESS 'I I quiring a large experience and thorough knowledge of the busi- ness. In nearly all cases, the Government fees on foreign patents must be paid in gold, or its equivalent. GREAT BRITAIN. Patents gi-anted by Great Britain run for fourteen years, and cost, all expenses included, $300, gold. If the applicant prefers, he may pay this in two instalments, np-mely: $100 at the time of making the application, which will secure what is termed the "provisional patent;" and $200 within three and a half months from the date of the application, which will secure the complete or ''sealed" patent. It is always best, whenever possible, to order the "Great Seal" at the outset, as the British Patent Office has decided that an application for a complete or sealed patent will take precedence over a mere provisional patent. In addition to the foregoing expenses, a British patent is sub- 'ect to a Government tax of $250, payable three years from the date of the patent, and a further tax of $500, payable seven years from the date of patent. The, patent ceases if the taxes are not paid when they become due. • A British patent covers England, Ireland, Scotland, Wales and the Channel Islands, but not the Colonies, which have separate patent laws of their own. FRANCE. In France patents are granted for fifteen years, and the cost of obtaining a French Patent is $100 in gold, all expenses included. The Government exacts an annual tax of $20, on the failure to pay which the patent ceases. These tax instalments may all be paid at once, in advance, or paid yearly, at the option of the patentee. The patent laws of France require a patented invention to be worked within two years from the date of the patent, otherwise the patent is forfeited and becomes public property. AND LAWS OF TRADE. BELGIUM. 301 K The expense of a Belgium patent is the same as a French, viz: SlOO in gold, or its equivalent, which includes all expenses. Tho Belgium Government exacts an annual tax of §15, and if this remains unpaid for more than six months after it is due, the patent is void. It is therefore best to pay it for five or ten yeara in advance, obtaining the receipt therefor from the government. The duration of a patent in Belgium is twenty yeare ; but the invention must be worked within one year from the date of the patent, or the patent is forfeited. Next to Canada, Great Britain, France and Belgium offer the best and most profitable fields for American inventoi-s and paten- tees. These three European countries have an aggregate popula- tion of ninety million inhabitants, and if the inventions are properly introduced and worked, they seldom fail to pay a hand- some revenue to the patentee. All these countries are eminently manufacturing countries, and their respective patent laws offer the most complete protection to American inventors. It is, therefore, here chiefly that .American inventors, who desire to patent their inventions abroad, should endeavor to introduce and protect their inventions. GERMANY. The patent laws of the States composing the German Empire vary greatly from each other, and dv) not ofter the guaranty to foreign inventors which the laws of Great Britain, France and Belgium do. In most of the States patents are only granted for the terra of five years, and the invention must be worked within a short time i^f' cm sak months to a year) after the grant of the patent. The patent laws of Bavaria and Saxony are more liberal than those of the remaining States, and the expenses of obtaining a patent (good for five years) is $100 in each. In Prussia tho cost ' liV ii 4 I- 302 FOUNDATIONS OF SUCCESS of a patent is also $100, and its duration five years. If a patent IS granted, the invention must be worked within six months from the date of the patent; but, by petition to the Government, this time may be extended to one year. It is difficult to obtain a patent in Prussia, but when once obtained it pays well. One hundred dollars in gold will cover all expenses of applying for a Prussian patent RUSSIA. Of late years, many American inventors have found it to their interest to patent their inventions in Russia. The Baldwin Loco- motives and the Pullman Sleeping Cars are patented in Russia. Patents are granted for three, five and ten years, the latter being the longest term. The expense is : For a three-year patent $275 For a five-year patent 425 For a ten-year patent 575 payable in gold or its equivalent. COPYRIGHT. LAW, CANADIAN. Any person resident in Canada or any person being a British subject and resident in Great Britain or Ireland, who is the author of any book, map, chart or musical composition, or of any original painting, drawing, statuary, sculpture or photograph, or who invents, designs, etches, engraves, or causes to be engraved, etched or made from his own design, any print or engraving, and the legal representatives of such persons, can secure the sole right and liberty of printing, reprinting, publishing, reproducing and vending such literary, scientific or artistical works or composi- tions, in whole or in part, and of allowing translations to be made 0/ such literary works from one language into other languages, for the term of twenty-eight years. To receive such copyright, ^XD LAWS OP TRADE. 803 the person applj-ing fiir it must deposit with tho Minister of Agriculture two copies of the article to be copyrighted, unless it be paintings, drawings, statuaiy or sculptures, in which case a written description instead of copies is sufficient; and also send with such copies or written description the sum of one dollar. Notice must be given of tlie copyright by printing or impressing the following words: "Entered according to act of the Parliament of Canada, in the year one thousand, eight hundred and seventy- , by A. B., in the office of the Minister of Agriculture" — in the case of a book, on the title page or the page immediately fol- lowing it of all the copies of each edition published during such term, in the case of a map, chart, musical composition, print, cut, engraving or photograph, on the face thereof; but as regards paintings, drawings, statuary and sculptures, the signature of the artist is sufficient. Such articles must also be published in Can- ada to entitle the authors to the benefit of their copyright. On the expiration of such period of twenty-eight years the copyright may be renewed for fouiieen years more by the author if still living in Canada or in Great Britain or Ireland, or if the author be dead, then by his widow or child or children, if he has left a widow or any child or children. In case of a renewal, a copy of the record of renewal must be published once in the Canada Gazetk within two months from the date of the renewal. No action for the recovery of any penalty for the breach of any oopyright can be commenced more than two yeaas after the cause of action aros^ UNITED STATES. Under the Revised Act of Congress, which took effect Jvly 18, 1870. A printed copy of the title of the book, map, chart, dramatical or musical composition, engraving, cut, print, photograph, chrome, or design for a work of the fine arts, for which a copyright is desired, must be sent by mail, addressed: t £ *■ FOUNDATIONS OF SUCCESS "LIBRARIAN OF CONGRESS, Copyrijjht Matter. Washington, D. C." This must be done before publication of the book or other article. A fee of fifty cents, for recording each book or other article, must be inclosed with the title as above, and fifty cents in addi- tion (or one dollar in all) for each certificate of copyright, under seal of the Librarian of Congress, which will be transmitted by return mail. Within ten days after publication of each book or other article, two complete copies of the best edition issued must be mailed, to perfect the copyright, with the address: "LIBRARIAN OF CONGRESS, Copyright Matter. Washington, D. C' Postmasters will give receipt for both books and titles, if requested, on mailing the same. Without the deposit of copies above required, the copyright m void, and a penalty of twenty- five dollars is incurred. Cop3'rights recorded at a ^iate prior to July 8, 1870, in any D.istrict Clerk's office, do not require re-entry at Washington. But one copy of each book or other article published since March 4, 18G5, is required to be deposited in the Library of Congress, if not already done. Without such deposit the copyright is void. No copyright is valid unless notice is given, by inserting in the several copies of every edition published, on the title page or the page following, if it be a book, or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary or model or design, intended to be per- fected and completed as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same is mounted, the following words, viz.: " Liitcrcd according to Act of Congress, in the year AND LAWS OF TRADE. SOi , in the OIHcc of the Librarian of Congress, at "Wash- ington." The law imposes a penalty of one hundred dollars upon any person who has not obtained a copyright, who shall insert the notice, " Entered ai:cording to Act of Congress," etc., or words of the same import, in or upon any book or other article. Any author may reserve the right to translate or dramatize his own work. In this case, notice should be given by printing the words, " Right of translation reserved," or "All rights reserved," below the notice of copyright entry, and notifying the Librarian of Congress of such reservation, to be entered upon the record. Each copyright secures the exclusive right of publishing the book or article copyrighted for the term of twenty-eight years. At the end of that time, the author or designer may secure a renewal for the further term of fourteen years, making forty -two years in all. Applications for renewal must be accompanied by explicit statement of ownership, in the case of the author, or of relationship, in the case of his heirs, and must state definitely the date and place of entry of the original copyi-ight. The time within which any work copyrighted may be issued from the press is not limited by any law or regulation, but depends upon the discretion of the proprietor. A copyright may be Secured for a prqgected work, as well as for a completed one. Any copyright is assignable in law by any instrument of writ- ing; but such assignment must be recorded in the Office of the Librarian of Confess within sixty days from its date. The fee for this record is fifteen cents for every one hundred words, and ten cents for every one hundred words for a copy of the record of assignment. In the case of books published in more than one volume, if issued or sold separately, or of periodicals published in numbers, or of engravings, photographs, or other articles published with variations, a copyright is to be taken out for each volume of a Nn m 306 FOUNDATIONS OP SUCCESS book, or number of a periodical, or variety, as to size oc inscrip- tion, of any other article. TRADE-MARKS AND DE9IG^. Any person or firm domiciled in Canada, and any corporation created by the authority of Canada, and who are entitled to the exclusive use of any trade-mark, or who intend to adopt and use any trade-mark, for his or their exclusive use to designate articles manufactured or sold by him or them, may obtain pro- tection for such trade-mark by sending the Sec tary of the Board of registration and Statistics a drawing anu description in duplicate of the trade-mark, together with a declaration in writing that the drawing and description con-ectly represent the trade-mark, and that the trade-mark is not in use, to the knowl- edge of the applicant, by any other person but himself at the time he adopted it, or at the date of his application. The said Secretary will, on receipt of the sum of five dollars, register the trade-mark, if, after examining it, he finds that it is not identical. or so nearly identical with some trade-mark already registered as to be liable to be confounded therewith, and he wdJ return one copy of the drawing and description with a certificate of registration thereon. Any other than the proprietor using a registered trade-mark shall be liable to the proprietor for every ofi'ence in the sum of not less than twenty dollars or more than one hundred dollars, recoverable by suit, together with costs. New and original designs are also registered (such registration is termed a "copyright"), giving the proprietor the exclusive use thereof, who must furnish the said secretary with duplicate drawings of the design, with his name and address. The paper on which the drawing is made must not exceed 13x24 inches, and there must be a blank space thereon 4x6 inches, for the secretary's certificate, one of which drawings will be returned with a certificate of registration thereon. The copyright of a design is assignable in law. The instrument of assignment must AND LAWS OF TRADE. 307 be recorded in the office of the secretary within thirty days of its execution or it will be invalid. Any person who infringes the copyright of a design makes himself liable to a penalty of not less than twenty dollars or more than one hundred and twenty dollars, to be recovered by the proprietor of such design in any court of competent jurisdiction, with costs of suit. All suits or actions for infringement of the copyright of design, or for unlaw- fully using a trade-mark must be brought within twelve months from the time of the commission of the offence. To secure a copyright for a painting, statue or model or' design, intended to be perfected as a work of the fine arts, so as to pre- vent infringement by copying, engraving or vending such design, a definite description must accompany the application for copy- right, and a photograph of the same, at least as large as "cabinet" size, should be mailed to the Librarian of Congress within ten days from the completion of the work. Every applicant for a copyright must state distinctly iri^hose name the copyright is to be entered, and whether the right is claimed as author, designer, or proprietor. No affidavit or formal application is required. NATURALIZATION. The residents in every country are divided into three classes: they are either aliens, denizens or natives. An alien is a foreigner, (that is, one bom in a foreign country), who has not been natur- alized. A denizen is a foreigner, who is resident in some country other than that in which he was born, and has acquired certain civil rights in the country of his adoption. A native is one bom in the countrv in which he is resident. Naturalization, then, is the process by which an alien, or for- eigner, is transformed into a denizen, and thereby becomes en- titled to certain of the privileges of a native born subject. In Canada, a denizen, or person duly naturalized, is entitled to all ■ ISfli 308 FOUNDATIONS OF SUCCESS 1 an 1 :,< the privileges, rights and capacities of a natural bom subject of the British Crown. The law at present affecting aliens who desire to be natural- ized, is to bo found in the act passed in the Dominion Parliament in 18G8: usually cited as Dom. Stat., 31 Vic. c. (JG. It applies to the whole Dominion: comprising the four Provinces of Nova Scotia, New Brunswick, Quebec and Ontario. The laws form- erly in force, with i-eference to aliens, being various in the differ- ent Provinces, it was thought fit to assin.ilate them ; and the first provision of the existing act is therefore tliat any alien who, be- fore the passing of the present act, has been natui'alized in any of such Province, under the laws heretofore in force in such Pro- vinr"*^ is now to bo considered as a denizen, or naturalized sub- ject, of the whole Dominion. The next provision is that any alien woman, w^ho is man-ied to a natural born British subject, or to a person naturalized under the present act, or the several acts formerly in force in the several Provinces, is to be deemed herself naturalized. The following provisions are then made for the naturalization of all aliens, except an alien woman so married to a native born or naturalized subject: such alien woman becoming naturalized by the mere act of marriage. Every alien, resident in any part of the Dominion, tvith intent to settle therein, and who, after a continued residence therein for a period of three yeara or upwards, has taken the oaths or affir- mations of residence and allegiance, and procured the same to be filed of record, as hereinafter mentioned, so as to entitle him or her to a certificate of naturalization, will thenceforth enjoy, and may transmit, all the rights and capacities of a natm-al bom subject. The first thing for an alien to do, if he desires to be natural- ized, is to take and subscribe the oaths of residence and allegi- ana If the alien is a person entitled by the laws of the Pro- 'i w' AND LAWS OF TRADE. 309 vince where ho resides to make an affiimation in lieu of an oath, he may do so. In Ontario, these oaths or affirmations must be taken and sub- , scribed before a Judge of a Court of Record, or before some per- son authorized to admini.stcr oaths in tiie Courts of General Ses- sions of tlie peace; or before a Commissioner appointed by the Governor for the pui-pose; or before a Justice of the Peace of the County where the alien resides. When taken, the Judge, Com- missioner or Justice, on being satisfied by evidence produced by the alien, that he or she has been a resident of Canada for a continuous period of three years or upwards, and is a person of good character, will grant a cei-tificate, setting forth that such alien has taken and subscribed the said oath or affirmation ; and, (if the fact is so), that such Judge, Commissioner or Justice has reason to believe that such alien has been so resident within the Province for a period of three years, or upwards, that he or she is a person of good character, and that there exists, to the know- ledge of the Judge, Commissioner or Justice, no reason why the alien should not be granted all the rights and capacities of a natural born British subject. This certificate must then be pre- sented to the Court of General Sessions of the Peace of the count}'-, within the jurisdiction of which the alien resides, in open court, on the first day of some general sitting thereof. The Court will thereupon order the certificate to be openly read ; and if during such general sitting, the facts mentioned in the cer- tificate are not controverted, or any other valid objection made, to the naturalization of such alien, the Court will, on the last day of such general sitting, direct that such certificate be filed of record in the Court ; and thereupon the alien will be admit- ted and confirmed in all the rights and privileges of British birth, to all intents whatever, as if he or she had been bom within the Dominion. These formalities having been gone through, the alien will he ;■ -^ • '• . ,1 il h •• ■ 1 i 3iO FOUNDATIONS OF SUCCESS jntitled to receive from the Court, a certificate of naturalization, jnclcr the seal of the Court, and the signature of the clerk thereof, :hat he or she hath complied with the several requirements of ihe act. A copy of this certificate may, at the option of the Darty, be registered in the Registry ofl^ice of any county or regis- ration division within the Dominion, and a certified copy of mch registry is sufficient evidence of such naturalization, in all ZJourts and places. Any alien, entitled at the time of the passing of the act, 22nd May, 1808, to be naturalized under the provisions of any of the acts then in force, may take the oaths of residence and allegiance, and obtain certificates, in the same manner, and with the same dffect, as liens naturalized under the new act. The clerk of the Court, for reading and filing the certificate of residence, and preparing and issuing the certificate of naturaliza- tion under the seal of the Court, is entitled to receive twenty-five cents, and no more ; and the Registrar for recording the certificate of naturalization, is entitled to receive a fee of twenty-five cents ; and a further fee of twenty-five cents for every searched and certified copy of the same, and no more. OATH OF RESIDENCE. I, A. B., do swear (or being one of the persons allowed by law to affirm in judicial cases, do afiirm) that I have resided three years in this Dominion, with intent to settle therein, without having been, during that time, a stated resident in any foreign country. So help me God. OATH OF ALLEGIANCE. I, A. B., do sincerely promise and swear, (or being one of the persons allowed by law to affirm in judicial cases, do affirm), that I will be faithful, and bear true allegiance, to Her Majesty Queen Victoria, as lawfid Sovereign of the Ui cd Kingdom of Great Britain and Ireland, and of the Dominion of Canada, AND LAWS OF TRADE. Cll (dependent on, and belonging to, the said United Kingdom . and that I will defend Her to the utmost of my power against all traitorous conspiracies and attempts whatsoever, which shall be made against Her person, Crown and dignity ; and that I will do my utmost endeavor to disclose and make known to Her Majesty, Her heirs and successors, all treason and traitor- ous conspiracies, and attempts, which I shall know to be against Her or any equivocation, mental evasion or secret reservation. So help me God. DEEDS. The legal and technical definition of a deed is a writing sealed and delivered. Bonds, therefore, and assignments and chattel mortgages, of which we have treated on other pages, are all deeds: that is to say, they are writings sealed and delivered. The general and popular idea of a deed, however, is commonly associated with the transfer of land, and it is in this popular but restricted sense in which we shall here speak of a deed; remark- ing merely that the manner in which a deed must be written or executed is precisely the same whether goods or lands are intended to be conveyed. A deed of land, then, is a writing sealed and delivered by the parties, by which lands, tenements or hereditaments are conveyed by one person to another. It may be either written or printed, and on paper or parchment. Figures, as a general rule, should be avoided, and all words written in full without abbreviation or contraction. The name, residence and occupation, or addition of every party to the deed should be carefully inserted, and also some date : properly the date of the day of execution, but not necessarily; for a deed may legally be dated on one day and not executed until some other and subsequent day. Care should be used in describing the lands conveyed; an error here may entail considerable expense before it can be rectified. If a whole town- ship lot be conveved, it will be sufficient to describe it as lot 312 FOUNDATIONS OF SUCCESS .lumber so and so, in sucii a concession, township and county, comprising so many acres. If a portion only is to be conveyed, Jescribe accurately the part intended; as the north or south Imlf, iY north-east or south-west quarter, as the case may be. Where the boundaries are wtdl known, and especially where only a por- tion of a lot is conveyed, it will be desirable to describe the ^premises by metes and bounds, giving the course or astronomical or magnetic bearings, and the measuration of each side. A well- prepared deed should contain no alterations or interlineations of any kind. They will not, howe er, invalidate the instrument; but if necessary to be made, the fact that they were so made before signature of the deed should be stated in attestation clause at the foot, and the witness should put his initials in the nuirgin opposite all such alterations or interlineations, so that ho may be the better aUe, if ever called on, to prove that they were so made before execution. When once signed and executed, a deed nmst not be altered; to do so might be to commit a forgery, and any such alteration might wholly vitiate the deed. The person convoying the land is called the grantor; the per- son to whom it is to be conveyed is called the grantee. If the grantor is a married man, his wife should join in the deed and bar her dower; otherwise, when her husband dies she will be entitled to one-thii'd of the land conveyed, for her life time. Land may be conveyed in such a manner as to preclude the wife of the party to whom it is conveyed from any right to dower on her husband's death; but the species of deed by which this may be done is very special, and can only safely be prepared by a professional man. When a married woman is the owner of land in her own right, she may convey the same by an ordinary deed, to which her husband must be ii party. Every deed should o-' signed by the grantor. It is not neces sary that the grantee should sign unless the deed contains some covenant on his part. The ordinary way of executing a deed is II "if AND LAWS OF TRADE. 313 i; for the party conveying to sign his name in his usual manner, opposite the seal at the foot, and placing his finger on the seal to say "I deliver this as my act and deed." If the person should be unable to write, he may execute by mark. In this case some person should writ, opposite the .seal the words "A. B. his mark," leaving space in the middle for the mark to be made — usually a his cross: thus A. x B. The mark must, of course, be made by the mitrk party himself, though his hand may be gUi.^ed, or he may do it by simply touching the pen while the mark is being made by some other person for him. Before a deed is executed by an illiterate person, it ought to be read over and explained, so that ho may fully understand what he is doing. Before purchasing property it is essential that the title to it should be properly investigated. Registry offices are established in every county, where all deeds and other instruments affecting Lands ought to be registered. It would serve but little purpose to enter into the question of title in a work of this kind; when- ever a purchaser desires to be safe, he had better avail himself of *;he services of a properly qualified legal practitioner. Formerly deeds used to be registered by means of memorials, out in 1865 this mode of registration was abolished, and the infinitely better plan of lodging the deed itself, or a duplicate of it, in the registry office was adopted. A deed of land, therefore, should now be executed in duplicate — one whereof will be left m the registry office and the other retained by the party. Upon Llie deed intended to be left in the registry there must be an affidavit of execution made by the attesting witness. It is suffi- cient if this affidavit be only placed on such one. but it is usual and convenient to have an affidavit on both. The present Registry Act (31 Vio. o 20, Ontario) contains the following provisions as to affidavits of execution: gee. 38 provides that the subscribing witness shall in an affi- 00 \fy i k 11 ii 314 FOUNDATIONS OF SUCCESS 3 ir davit setiinof forth his name, place of residence and addition, occupation Oi calling in full, swear to the following facts: 1st. To the execution of the original and duplicate if any there be. 2nd. To the place of execution. 3rd. That he knew the parties to such instrument, if such be the fact; or that he knew such one or more of them, according to the fact. 4th. That he is a subscribing witness thereto. Sec. 39 requires the affidavit to be made on the instrument or securely attached thereto. Sec. 41 contains the following provision as to the persons before whom the affidavit may be made: ' ' . 1st. If made in Ontario it must bo made before the Registrar or Deputy Registrar of the county in which the lands lie, Or before a Judge of any of the Superior Courts of Law or Equity, Or before any Judge of a Couiiiy Court, within his county, Or before a Commissioner authorized by any of the Superioi Courts to take affidavits. 2nd. If made in Quebec it must be made before a Judge or Prothonotary of the Superior Court or Clerk of the Circuit Couit, Or before a Commissioner authorized by any of the Superior Courts of Common Law for Ontario to take affidavits in Quebec, Or before any Notary Public in Quebec, certified under his official seal. 3rd. If made in Great Britain or Ireland it must be made before a Judge of any of the Superior Courts of Law or Equity therein, Or before a Judge of any of the County Coui-ts, within hia county, Or before the Mayor or Chief Magistrate of any city, borough or town corporate therein, and certified under the common seal cf such city, borough or town corporate AND LAWS OF TRADE. 315 Or oefore a Commissioner for taking affidavits in and for any of the Courts of Record for the Province of Ontaiio, Or before any Notary Public certified under his official seal. 4th. If made in any British colony or possession it must be made before a Judge of a Court of Record, Or before the Mayor of any city, borough or town corporate, and certified under the common seal of such city, borough or town, Or before any Notary Public certified under his oflScial seal, Or if made in the British possessions in India, before any Magistrate or Collector, certified to have been such under the hand of the Governor of such possession. 5th. If made in any foreign country it must be made before the Mayor of any city, borough or town corporate of such country, and certified under the common seal of such city, borough or town corporate, Or before any Consul or Vice-Consul of Her Majesty, resident therein. Or before a Judge of a Court of Record, or a Notary Public, certified under his official seal. The fees for registering a deed are $1.40 where the document does not exceed 700 words in length ; if it exceeds that number, then 15 cents for every additional 100 words up to 1,400, and 10 cents for each 100 words over 1,400, If the instrument embraces different lots or parcels of lands situate in different localities in the same county, then the Registrar is entitled to 40 cents for the necessary entries and certificates, and fifteen cents for every 100 words up to 1,400, and 10 cents for every 100 words over that number. A corporation executes a deed by affixing to it its common seal, and signing by its chief officer, as Mayor. President, etc. No affidavit is necessary to prove the execution of a deed by a cor- poration; the seal alone is sufficient evidence. J 31G FOUNDATIONS OF SUCCESS M The only forms of deeds given here are the common forms of bargain and sale used in the ordinary conveyance of real property; special forms in unskilful hands might result in loss and embar- rassment. The forms given are with absolute covenants and with qualified or limited covenants. The former are very exten- sive, and ought not to be given without some sufficient reason, as they bind the gi-antor with reference to the acts of all parties through whom the property may have passed. Limited cove- nants, on the contrary, are confined to the acts of the grantor himself and those claiming under him. DEEDS OF BARGAIN AND SALE. ABSOLUTE COVENANTS. This Indenture, made, in duplicate, the day of , 18 , between A. B., of, etc., of the first part, C. D., wife of the said party of the first part, of the second part, and G. H., of, etc., of the third part; Witnesseth, that the said party of the first part, in consideration of the sum of $500, of lawful m.oney of Canada, to him by the said party of the third part in hand well and truly paid, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, doth grant unto the said party of the third part, his heirs and assigns, all and singular that certain parcel or tract of land and premises situate, lying and being in the [here describe the lands], together with the appurtenances; to have and to hold the same lauds, tenements, hereditaments, and all and singular other the premises hereby conveyed or intended so to be, with their and every of their appurtenances, unto the said party of the third part, his lieirs and assigns, to the sole and only use of the said party of the third part, his heirs and assigns, forever. Subject, nevertheless, to the reservations, limitations, provisos and conditions expressed in the original grant thereof from the Crown. And this Indenture further witnesseth, That the said party of AND LAWS OF TRADE. 317 the second part, with the privity and full approhation and con- sent of her said husband, testified by his being a party to these presents, in consideration of the premises, and also in considera- tion of the further sum of one dollar of lawful money of Canada aforesaid, to her by the said party of the third part in hand well and truly paid at or before the sealing and delivery of these presents, the receipt whci'eof is hereby acknowledged, hath granted and released, and by these presents doth grant and release, unto the said party of the third part, his heirs and assigns, all dower, and all right and title thereto, which she, the said party of the second part, now hath or in the event of sur- viving her said husband might or would have in, to or out of, the lands and premises hereby conveyed or intended > o to be. And the said party of the first part doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agree with and to the said party of the third part, his heirs and assigns, in manner following: that is to say, that he, the said party of the first part, nov/ hath, in himself, good right, full power and absolute authority to convey the said lands and other the premises hereby conveyed or intended so to be, with their and every of their appurtenances, unto the said party of the third part, in manner aforesaid and according to the true intent and meaning of these presents; and that it shall be lawful for the said party of the third part, his heirs and assigns, from time to time and at all limes hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said lands and premises hereby conveyed or intended so to be, with their and every of their appurtenances, and to have, receive and take the rents, issues and profits thereof, and of every part thereof to and for his and their use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever of, from or by him, the said party of the first part, or his heirs, or any other person or persons whomsoever; and that free and clear, and freely and absolutely acquitted, exonerated and forever dis- MkiU 318 FOUNDATIONS OF SUCCESS charged or otherwise ty the said party of the first part or his heirs well and sufficiently saved, kept harmless, and indemnified of, from and against any and every former and other gift, grant, bargain, sale, jointure, dower, use, trust, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfei- ture, re-entry and any and every other estate, title, charge, trouble and incumbrance whatsoever; and lastly, that he, the said party of the first part, his heirs, executors or administrators, and all and every other person whomsoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title or interest whatsoever, either at law or in equity, in, to or out of the said lands and premises hereby conveyed or intended so to be, or any of thciu, or any part thereof, by, from, under or in trust for him, them or any of them, shall and w411 from time to time and at all tinieK hcri-aftor, upon every reasonable request, and at the costs and charges of the said party of the third part, his heirs or assigns, make, do or execute, or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devises, convc3'ances and assurances in the law whatso- ever, for the better, more perfectly and absolutely conveying and assuring the said lands and premises hereby conveyed or intended so to be, and every part thereof, with their apgurtenances, unto the said party of the third part,, his heirs and assigns, in manner aforesaid, as by the said party of the third part, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised or required; so as no person who shall be required to make or execute such assurances shall be compellable, for the making or executing thereof, to go or travel from his usual place of abode. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered A. B. [l. s.] in the presence of C. D. [l. s.] E. F. AND LAWS OF TRADE. 319 Received, on the day of the date of the within Indenture, the sum of five hundred dollars, of lawful money of Canada, being the full consideration therein mentioned. Witness, A. B. E. F QUALIFIED COVENANTS. This Indenture, made (in duplicate) the day of , 18 , between A. B., of, etc., of the first part, C. D., wife of the said partji' of the first part, of the second part, and G. H., of, etc., of the third part, witnesseth, that the said party of the first part, in consideration of the sum of five hundred dollars, of lawful money of Canada, to him by the said party of the third part in hand well and truly paid at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, doth gi-ant unto the said party of the third part, his heirs and assigns, all and singular that certain parcel or tract of land and premises situate, lying and being in the (here describe the lands), together with the appurtenances, to have and to hold the same lands, tenements and hereditaments, and all and singular other the premises hereby conveyed or intended so to be, with their and every of their appurtenances, unto the said party of the third part, his heirs and assigns, to the sole and only use of the said party of the third part, his heirs and assigns, forever. Subject, nevertheless, to the reservations, limitations, provisos, and condi- tions expressed in the original grant thereof from the Crown. And this Indenture further witnesseth, that the said party of the second part, with the privity and full approbation and con- sent of her said husband, testified by his being a party to these presents, in consideration of the premises, and also in considera- tion of th§ further sum of one dollar of lawful money of Canada aforesaid, to her by the said party of the third part in hand well and truly paid at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath FOUNDATIONS OF SUCCESS granted and released, and by these presents doth grant and release, unto the said party of the third part, his heirs and assigns, all dower, and all right and title thereto, which she, the said party of the second part, now hath, or in the event of sur- viving her said husband might or would have in, to or out of the lands and premises hereby conveyed or intended so to be. And the said party of the first part doth hereby, for himself his heirs, executors and administrators, covenant, promise and. agree with and to the said party of the third part, his heirs and assigns, in manner following : that is to say. That for and not- withstanding any act, deed, matter or thing by the said party of the first part done, executed, committed, or knowingly or wilfully permitted or sufiered to the contrary, he, the said party of the first part, now hath in himself good right, full power and absolute authority to convey the said lands and other the premises hereby conveyed or intended so to be, with their and every of their appur- tenances, unto the said party of the third part, in manner afore- said, and according to the true intent of these presents ; And that it shall be lawful for the said party of the third part, his heirs and assigns, from time to time, and at all times hereafter, peaceably and quietly to enter upon, have, hold, occupy, possess and enjoy the said lands and premises hereby conveyed, or intended so to be, with their and every of their appurtenances, • and to have, receive and take the rents, issues and profits thereof, and of every part thereof, to and for his and their use and benefit without any let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever of, from or by him, the said party of the first part or his heirs, or any person claiming or to claim by, from, under or in trust for him, them or any of them ; And that free and clear, and freely and absolutely acquitted, exonerated and forever discharged or otherwise by the said party of the first part, or his heirs, well and sufiiciently saved, kept harmless, and indemnified of, from and against any and every former and other AVD LAWS OP TRADE. 321 'gift, bargain, sale, jointure, clowcr, use tnist, entail, will, statute, recognizance, judgment, execution, extent, rent, annuity, forfeit- ure, re-entry, and any and every other estate, title, charge, trouble and incumbrance whatsoever, made, executed, occasioned or suf- fered by the said party of the first part, or his heirs, or by any person claiming or to claim by, from, under or in trust for him, them or any of them ; And lastly, that he, the said party of the first part, his heirs, executors or administrators, and all and every other person whomsoever having or claiming, or who shall or may hereafter have or claim, any estate, right, title or interest whatsoever, either at law or in equity, in, to or out of the said lands and premises hereby conveyed or intended so to be, or any of them, or any part thereof, by, from, under or in trust for him, them or any of them, shall and will from time to tipe, and at all times hereafter, upon every reasonable request, and at the costs and charges of the said party of the third part, his heirs or assigns, make, do or execute, or cause to be made, done or exe- cuted, all such further and other lawful acts, deeds, things, devises, conveyances and assurances in the law whatsoever, for the better, more perfectly and absolutely conveying and assuring the said lands and premises hereby conveyed or intended so to be, and every part thereof, with their appurtenances, unto the said party of the third part, his heirs and assigns, in manner aforesaid, as by the said party of the third part, his heirs and assigns, his or their counsel in the law, shall be reasonably devised, advised or required, so as no such further assurances contain or imply any further or other covenant or warranty than against the acts and deeds of the person who shall be required to make or execute the same, and his heirs, executors or admin- istrators only, and so as no person who shall be required to make or execute such assurances shall be compellable, for the making or executing thereof, to go or travel from his usual place of abode. In witness whereof, the said parties to these presents have 822 FOUNDATIONS OF SUCCESS hereunto set their hands and affixed their seals, the day and year first above written. Signed, sealed and delivered ) A. . [l. s.] in the presence of E. F. ) C. D. [l. s.] Received, on the day of the date of the within Indenture, the sum of five hundred dollars, of lawful money of Canada, being the full consideration therein mentioned. Signed in presence of A, B, E. F. SHORT FORMS UNDER STATUTE. This Indenture, made (in duplicate!; the day of , 18 , in pursuance of an Act respecting short forms of conveyances : Between A. B., of, etc., of the first part, C. D., wife of the said party of the first part, of the second part, and E. F., of, etc., of the third part, witnesseth, that in consideration of five hundred dollars, of lawful money of Canada, now paid by the said party of the third part, to the said party of the first part, the receipt whereof is hereby by him acknowledged, he, the said party of the first part, doth grant unto the said party of the third part, his hei ^ atid assigns forever, all and singular that certain parcel or tract of land and premises situate, lying and being [here describe the premises], to have and to hold, unto the said party of the third part, his heirs and assigns, to and for their sole and only use forever Subject, nevertheless, to the reservations, lim- itations, prov'jos ^Ad conditions expressed in the original grant thereof from the Crown. The said party of the first part cove- nants with the said party of the third part, that he has the right to convey the said lands to the said party of the third part ; and that the said party of the third part shall have quiet possession of the said lands free from all incumbrances ; and that the said party of 'die first part will execute such fuither assurances of the said lands as may be requisite ; and that he witl produce the AND LAWS OF TRADE. 328 title deeds enumerated hereunder, and allow copies to be made of them at the expense of the said party of the third part; and that the said party of the first part has done no act to encumber the said lands. And the said party of the first part releases to the said party of the third part all his claims upon the said lands; and the said party of the second part, wife of the said party of the first part, hereby bars her dower in the said lands. In witness whereof, the said parties hereto have hereunto set their hands and seals. Signed, sealed and delivered, l A. B. [l. s.] in the presence of ) C. D. [l. s.] Y. Z. Received, on the day of the date of this Indenture, from the said party of the third part, the sum of five hundred dollars, being the full consideration therein mentioned. Witness, Y. Z. A. B. DEED OF LAND BELONGING TO MARRIED WOMAN. This Indenture, made, in duplicate, the day of , in pur- suance of an act respecting short forms of conveyances : Between A. B., of, etc., wife of E. F., of the same place, and the said E. F., of the first part, and G. H., of, etc., of the third part, witnesseth, that in consideration of dollars of lawful money of Canada, now paid by the said party of the third part to the said parties of the first part, the receipt whereof is hereby by them acknowledged, they, the said parties of the first part, do grant unto the said party of the third part, his heirs and assigns forever, all and singular that certain parcel or tract of land and premises situate, lying and being, etc. [here describe the premises], to have and to hold, unto the said party of the third part, his heirs and assigns, to and for his and their sole and only use forever. Subject, nevertheless, to the reservations, limita- tions, provisos and conditions expressed in the original grant therftpf from the Crown 324 FOUNDATIONS OF SUCCESS The said parties of the first part covenant with the said party of the third part, that they, the said parties of the first part, have the right to convey the said lands to the said party of the third part, notwithstanding any act of the said parties of the first part. And that the said party of the third part shall have quiet pos- session of the said lands, free from all incumbrances ; and that the said parties of the first part will execute such further assu- rances of the said lands as may be requisite. And that the said parties of the first part have done no act to incumber the said lands. And the said parties of the first parts release to the said party of the third part all their claims upon the said lands. In witness whereof, the said parties hereto have hereunto set their hands and seals. Signed, sealed and delivered A. B. [l. s.] in the presence of E. F. [l. s.] Y. Z. Received on the day of the date of this Indenture from the said party of the third part the sum of § , being the full con- sideration therein mentioned. Witness, A. B. Y. Z. E. F. DEED OF GIFT O^ LANDS. This Indenture, made (in duplicate) the day of 18 , Between A. B., of, &c., of the one part, and C. D. (the eldest son of the said A. B.,) of the other part. Witnesseth, that the said A. B., in consideration of the natural love and affection which he hath and beareth unto the said C. D., Doth give and grant unto the said C. D., his heirs and assigns. All that parcel or tract of land, &c., [describing the premises], together with all and sin- gular the appurtenances, to the said parcel or tract of land and premises belongmg or m any wise appertaining. To have and to ' • AND LAWS OF TRADE. 225 hold the said parcel and tract of land, and all and singular other the premises hereby gi-anted, unto and to the only proper use and behoof of the said C. D., his heirs and assigns forever. In witness whereof, the said parties to these presents have hereunto set their hands and scab, the day and year above written. Signed, sealed and delivered in the presence of A. B. [l. s.] Y. Z. AFFIDAVIT OF EXECUTION OF DEED. County of , to wit: T, Y. Z., of, &c., [state here the name in full of the witness, his place of residence and occupation] make oath and say : 1. That I was personally present and did see the within instrument and duplicate duly signed, sealed and executed by A. B. and C D., two of the parties thereto. 2. That the said instrument and duplicate were executed at the (City of Toronto.) 3. That I "know the said parties (if that he the fact) 4. That I am a subscribing witness to the said instrument-and duplicate. Sworn before me at >v Y. Z. no '_ in the County of day of , 18 , this / W.W. A Commissioner, &c., in B. R. RIGHTS OF MARRIED WOMEN. The law relating to the rights in property, both real and per- sonal, of married women, has been very much changed, and those rights extended by a late Provincial enactment (85 Vic. Ont. Cap. 16.), and assimilated very nearly to the law of England. Before the said enactment, the husband was deemed joint owner riii 32G FOUNDATIONS OP SUCCESS !! with his wife of her unsettled real estate. It also aholishes the husband's estate by the curtesy during the maraia^^e; and after her death the right is subject to any disposition made by her, or to any changes created by her, for by "The Wills Act, 1873," a married woman can, without the consent of her husband, dispose of her property, both real and personal, as she pleases. Form- erly, also, the husband had a right to the rents, issues and profits of the unsettled real estate of his wife, and he only could give a sufficient discharge or receipt for g icl rents, issues and profits; but now a married woman has tl e right to the enjoyment of the rents, issues and profits of her real estate, and can give valid diichai'ges and receipts therefor as if she were unmarried. The above, except the rights of disposition by will, extends only to women married since the 2nd March, 1872, or to real estate acquired since that date by a woman married before. The fol- lowing applies to all married v/omen, irrespective, pf ^the date of marriage or acquisition of property: The separate estate of a married woman is liable, for ner separate debts, engagements, contracts or taxes as if she were unijiarried; and she may be proceeded against separately from her husband in respect thereto. She may also hold all her wages and personal earnings, being the proceeds or profits of any law- ful trade or occupati' '""med on by her separately from her husband, and all t' eds or profits she may derive from the exercise by he ^ literary, artistic or scientific skill, together with the prot. _ or profits of any lawful, investment of such wages or eai'nings entirely free from all debts and dispositions of her husband, j nd with the right of disposing of the same with- out the consent of her husband, as fully as if she were unmar- risd, unless she have invested such wages, earnings, money or profits in real estate, in which case her husband will have to con- sent to a disposition of it by joining in the conveyance thereof ; and if a married woman contributes her separate earnings to- wards tJie purchase of real estate, though the purchase may be • ^ «i AND LAWS OF TRADE. 3:7 in her husbands name, she has a lien on the same for the amount 80 contributed by her. • A married woman may also insure her own life, and, with his consent, the, life of her husband, either in her own name or in the name of a trustee for her, and such insurance may be for her solo benefit, or for the benefit of herself and children, as the case may be; and such insurance maybe either payable at the death of the party insured or in a given number of years from the date of the policy, and the amount payable thereunder shall be receiv- able for her or her children's sole and separate use, free from the claims of her husband, his repr(>sentatives or any of his credi- tors. If a married man insure his own life, and it is expressed in the policy, or at any time endorsed thereon after the issue of the policy, to be for the benefit of his wife, or of his wife and children, it is deemed to be a trust for their benefit, and so long as any object or objects of the trust "remain, it will not be sub- ject to the control of the husband or of his creditors, or form part of his estate, except for any amount it may be pledged for to any person before the creation of such trust. But if it is made to appear that the insurance was eflfected and the premiums paid by the husband in fraud of his creditors, the creditors will be entitled to receive an amount out of the insurance e(iual to the premiums so paid. A married woman may also be a stock- holder or member of a bank insurance company, or of any other incorporated company, as fully and eftectually as if she were un- married, and she may vote, by proxy or otherwise, as any other stockholder; she may also make deposits in her own name in any bank, and withdraw it by her own cheque, and her receipt is a sufficient legal discharge to the bank; she may also maintain an action in her own name for the recovery of any wages, earn- ings, money and property which is her separate property; and she may be proceeded against separately from her husband in respect of her separate debts,, contracts, engagemcata or taxes. mummmfimtmmtmig 328 FOUNDATIONS OF SUCCESS MARRIAGE. The b.w considers marriage as nothing more than a contract entered into by persons capable of consenting, and who do con- sent thereto. It cannot be entered into by idiots or hmatics. When procured by force or fraud, it is also vol Marriage is likewise prohibited between near relations. The parties must be of the age of consent, which is generally fourteen in males and twelve in females. The ministers and olfrgymen of every church and religious denomination in Ontario, duly ordained or appointed according to the rites and ceremonies of their church, only are allowed to solemnize the ceremony of marriage between any two per- sons not under a legal disqualification to marry. The minister solemnizing such marriage must require the production of a license, or in lieu thereof, a certificate from one of the parties thereto, under the hand and seal of the Lieutenant Governor of the Province, unless the banns shall have been published on one Sabbath preceding such solemnization of maniage in the church at which one oi iaq parties to the marriage has been in the habit of attending worship, or, before the congregation with which the minister is connected, provided one of the parties to the mar- riage has been a resident of the local municipality, parish, circuit, or pastoral charge where such proclamation is made, for at least fifteen days immediately preceding. The marriage may be solem- nized at any place and at any hour, after a compliance with the provisions of the statute. Before a certificata or marriage license is granted, one of the parties to the intended marriage mu'iii; make oath before the person issuing the same that there is no affinity, consanguinity, pre-contract or other lawful cause or legal impediment to bar or hinder the solemnization of the marriage, and in which county or district it is intended the marriage shall be solemnized, and in what town, village or place AND LAWS OF TRADE. b29 in the county or district, and if either of the parties has not resided in the county or district in which the marriage is to be solemnized for fifteen days immediately preceding the issue of the license or certificate, then the affidavit shall further state that the marriage is not to be solemnized in such place to evade pub- licity or for any other improper purpose, and in case either of the parties is under the age of twenty-one, and is not a widow or widower, that the consent of the party whose consent to the marriage is required by law, has been obtained thereto. The consent which the law requires in such case is that of the father, if living; if the father be dead, the consent of the lawfully appointed guardian or guardians, if there is no such guardian, then the mother, if she be unmarried. The minister must report each and eveiy marriage he solemn- izes, within 90 days thereof, to the Registrar of the division within which such marriage was solemnized. The minister if he gives a certificate of the marriage, which he must do if either of the parties require it, is entitled to collect from them 25 cents. DOWER. By the Common Law dower is an estate for life to which a wo- man is entitled, after the decease of her husband, in a third part of the lands of which he was at any time during the marriage seized to his own use, whether she had issue or not, so long as any issue she might have had could by possibility have inherited such lands. She is not entitled to dower out of lands conveyed by her husband during the coverture if she has joined in thg con- veyance in bar of dower. If the husband by his will devise a legacy to his wife ift lieu of her dower, she has the right to choose which she will take, the dower or the legacy. In case of an exchange of lands, the widow must elect whether Qq hti \ nno fdUNDATIONfl OF SUCCESS sliG will take her dower in the lands given or tliose ta! ■I'd ■S S 2 W.52 • 80 28.15 32 2!). 43 22.27 04 13.05 1 3(5.78 17 35.37 33 2'.».()2 4!) 21.72 (55 12.43 81 2 38.74 18 34.08 34 28.02 50 21.17 (515 11.00 82 .3 40.01 1<.» ;u.."'.i 35 28 22 51 20.01 (57 11.48 83 4 40.73 20 34.22 3(> 27.78 52 20.05 (58 11.01 84 5 40.88 2! 33.81 37 27.34 53 l'».4!) (50 11.50 85 40.01) 22 33.40 38 20.01 54 18.02 70 10.00 8(5 7 40.47 2.1 33.08 3!) 20.47 55 18.35 71 9.(50 87 8 40.14 24 32.70 40 20.04 5(5 17.78 72 9.14 88 9 31). 72 25 32.33 41 25.01 57 17.20 73 8.(59 89 10 3!».2.'» 20 31.!)3 42 25.1'.) 58 10.(53 74 8.25 90 11 .38. G4 27 31.50 43 24.77 5!) 1(5.04 75 7.83 91 12 38.02 28 31.08 44 24.35 (50 15.45 70 7.40 92 13 37.41 2!) 30 00 45 23.!)2 01 14.80 77 0.99 93 14 3().7i) 30 30.25 40 23.37 02 14.20 78 0.59 94 15 30.17 31 2* 29 30 31 32 33 :i4 35 03 ?i ft o^ 15.1410 15.3724 15.5928 15.8020 10.0025 10.1929 10.3741 Rule. — Suppose that a widow 70 years old has an interest in an estate yielding $10 annually, what is her present interest (or dower) worth? By the first table her expectation of life is ten years. The second table shows that the value of $1 for 10 years is worth $7.7217, which amount multiplied [ x ] by 10 equals [=:] $77.21, the value of the widow's dower for 10 years. Or, what is the value of a salary or annuity of $100 a year for 5 years? Multiply the tabular number opposite 5 years by the given anrmity as follows 4.3294< x 100=$432.94, the value of an annuity of $100 for 5 years. BREACH OF PROMISE OF MARRIAGE. The Common Law does not altogether discountenance long engagements to be married. If parties are young and circum- stances exist showing that the period during which they had agreed to remain single was not unreasonably long, the contract is binding upon them; but if they are advanced in years, and the marriage is appointed to take place at a remote and unreason- ably long period vi tiun", the contract would be voidable — at the option of either of the parties — as being in restraint of nmtii- mony. If no time is fixed and agreed upon for the performance of the contract, it is in conteiuplation of law & CONTIIACT TO AND LAWS OF TRADE. 333 ly 'i MARRY WITHIN A REASONABLE PERIOD AFTER REQUEST. Either of the ^larties, therefore, after making of such a contract, may call upon the other to fulfil the engagenicnt; and in case of a re- fusal, or a neglect so to do, on the part of the latter, within a reasonable time after the request is made, th 3 party so calling, upon the other for a fulfilment of the engagement, may treat the hetrothment at an end, and bring an action for damages for a breach of the enjjasfement. *o"o^ BUSINESS OF HOUSEKEEPING. Every housewife should t^il:^ i, pride in conducting the finances of her household with as much skill as a merchant in balancing his ledger. It is i\ matter that is too much neglected ; but if more attention were paid to this branch, she yould find it not only excellent training for her, but it would also accustom her to the care of money matters, and the management oi t'le same. She should keep her books with great care, catering \;hatever she receives and pays out in a book called a Ca:;h-Book, kept for that purpose. The expenses of the table, of c lothing, and ser- vants should be transferred to a ledger, where it can be seen at any time how much has been expended on each of these accounts Of course, at first, the task will be tiresome, but in a short time she will grow used to it, and it will become a pleasure. The forms which she can use are of a character so simple that any one can easily understand them; but the following specimen pages from a ledger and another from a cash-book will fully illustrate them: The ledger should be kept in the following manner: MARY WALKER. 1.S77. Feb'y If) I() ID 21 2S By cash on account I'o one week's work, at $2.00 per M'cek. Ily cash on account Po two weeks' work, at $2.50 per week $1 on $2 4 5 1 1 OC 5 $G 5U $7 00 03 00 384 FOUNDATIONS OF SUCCESS ■ if, CASH BOOK. 1877. Feb'y 12 15 16 17 From Mr. S For butter For calico For wages to Mary For car tickets For ticket to circus For sale of rags For meat For sundries at grocery From Mr. S For paper For copy "Facts for the People" Total Brought forward from last week On band KKC'D.I PAID. $24 00 § 2 50 1 00 12 00 1 00 1 00 9 00 00 •^ 50 10 o • 2 40 4 00 43 00 29 4C 32 00 5 60 $75 00 $75 00 At the end of each week the cash-book should be balanced, as shown in the above example ; and care should be taken that the accounts are kept correctly, and no items be left out. Every woman, if she has property, should take charge of the same and attend to it. She should also understand her husband's business; and no matter what trouble she may experience to gain the information, she should not rest until she has mastered it. In case of his death, she would find this to be of immense im- portance to her, and make her somewhat independent of strangers, and a match for sharpers. Husbands and fathers should encour- age their wives and daughters to learn their business, and throw aside the mistaken notion that it is a "bad policy" to trust the female portion of their households with the knowledge of money matters. A wife has a right to know her husband's business, and a husband should encourage her in so doing. LANDLORD AND TENANT. 'ihe relation of landlord and tenant is that which subsists be- tween the owner of houses or lands and the person to whom he grants the use of them. It may be created by contract in writ- ing as, lease or agreement for a lease; or by verbal agreemeu as AND LAWS OP TRADIi:. 335 is usually the case in letting from year to year. The oAvner, who is called the landlord or lessoi , gi'ants the possession and ^e of the property to the tenant or lessee for a specified tim at a stipulated sum, denominated rent. A lease may be made for +he life either of the landlord or the tenant, or it may be made for any number of years, or it may be at will, — that is, determinable at any moment at the will either of the lessor or lessee. An agreement for a lease must be in writing, as required ,by the Statute of Frauds (29 Ca- II., c. 3, s. 4), before referred to; and all leases exceeding thrt 'ears in duration must now be by deed; and if for more than seven years they must also be registered. A lease in writing, not under seal, for a term not exceeding three years in duration will amount only to an agreement for a lease for the term specified. A letting and hiring of land for a year or any less period fhay arise, by implication of law, from the relative situations of the parties and the silent language of their actions and conduct, as well as by express words and stipulations. Whenever the house or land of one man has been occupied and used by another, the presumption is that the use and occupation are to be paid for, and the landlord is entitled to maintain an action to recover a reasonable hire and reward for the use of the land, unless the tenant can show that he entered into possession of the property under circumstances fairly leading to the opposite conclusion, A landlord, on the other hand, who has permitted a tenant to occupy property, and has received rent from the latter for such use and occupation, will be bound by his own acts, and cannot afterwards treat such tenant as a trespasser, and turn him out of possession without a proper notice to quit. Leases may be made to commence n v.^ a day that is passed, or from a day to come, as well as from the making of the lease. If a tenant holds over after the expiration of his lease, and the landlord receives from him rent which has accrued due sub- i I ; I 33C FOUNDATIONS OF SUCCESS sequently to the expiration of the lease, he becomes a tenant from year to year upon the terms such of the original demise as are applicable to a yearly tenancy. A tenancy from year to year is ordinarily implied from the payment and acceptance of rent; lut this prima facie presump- tion may, of course, be rebutted by showing that the money was paid or received by mistake. If an annual rent is reserved, the holding is rom year to yeai, although the lease or agreement provides that the tenant shall quit at a quarter's notice. Such a contract differs only from the usual letting from year to year in the agreement by the parties to reduce the ordinary six months' notice to quit to three months. But if it is expressly agreed that the tenant is alway.-. to be sub- ject to quit at six months'»notice, given him at any time, this constitutes a half-yearly tenancy, and the lessee will be presumed to hold from six months to six months from the time that he entered as tenant. If he is to hold till one of the parties shall give to the other three months' notice to quit at the expiration of such notice, the tenancy will be a quarterly tenancy. The landlord's remedy for the non-pa\ment of rent is either by action or distress. Wbore the rent reserved is a fixed ascer- tained rent, the landlord may distrain; but if no certain ascer- tained rent has been reserved or covenanted or agreed to be paid, there is no right to distrain : the landlord can only recover a fair compensation for the use and occupation of the premises in an action at law. It is essential to the lawful exercise of the power of distress that the distrainor be the immediate landlord or owner of the estate. If after the making of the lease the landlord has sold and transferred hi;i estate or interest to some third party, he has no right or power to distrain, xl landlord cannot distrain twice for the same rent, unless the distress has been withdrawn at the ins;tance or request of the tenant, or unless there has been some mistake as to the value of the things taken. AND LAWS OF TKADE. 337 When an annual rent is reserved, it may be made payable monthly or quarterly, or at any period of time that the parties may think fit to appoint, whatever may be the duration of the term of hiring. It may also be made payable in advance, so as to entitle the landlord to distrain for it at the commencement instead of at the end of each quarter. There may be a yearly tenancy with an annual rent, payable quarterly; or there may be a quarterly tenancy with a quarterly rent, payable weekly or monthly, or at any successive periods of time. A distress by the landlord after tender of the rent to him or to his bailiff, authorized to distrain, without a fresh demand on the tenant, is illegal; and if the landlord distrains before the rent has become due, the tenant may resist the entry and seizure by force, and, after a seizure has been made, he may rescue his goods at any time before they have been impounded; but when once the goods have been impounded they are in the custody of the law, and the tenant cannot then break pound and retake them. As soon as the distrainor has made out and delivered to the tenant, or has left upon the premises, an inventory of the goods he has taken, they are said to be impounded. Formerly the landlord couid not have distrained after the expiration of the term for rent that accrued due before the deter- mination thereof; but now, by the statute 8 Ann, c. 14, ss. 6, 7, landlords are authorized to distrain, provided the distress be made within six months after the determination of the lease, and durinsf the continuance of the landlord's title or interest, and during the possession of the tenant from whom the arrears became due. The tenant has the whole day on which the rent becomes due to pay such rent; ar.d a distress, therefore, cannot be made until the day after the day appointed for the payment of the rent. Unless the rent is made payable at some particular specified place, the tenant is bound to seek out the landlord and pay or 338 FOUNDATIONS OF SUCCESS tender him the moimy. A landlord or his bailiff cannot lawfully break open gates or break down inclosures, or force open the outer door of any dwelling-house or building in order to make a distress , but he may draw a staple or undo fastenings which are ordinarily opened from the outside of the house. A distress can- not be made in the night, or after sunset, or before sunrise, nor upon land which does not form part or parcel of the demised premises, and from which the rent reserved does not issue, unless the goods of the tenant have been removed thereto from the demised premises within sight of the distrainor coming to dis- train, or unless they have been fraudulently removed thereto by tiie tenant to avoid distress. If the tenant fraudulently or clan- destinely removes goods and chattels from the demised premises to prevent the landlord from distraining them for rent in arrear, the landlord may, within thirty days after such removal, take and seize them wherever they may be found, unless they have in the meantime been sold bona fide to some person ignorant of the fraud. But if it be necessary to break open any door in order to seize such goods, the landlord must call a constable to Ids assist- ance, and must force the door in his presence and in the daytime. If it appears that rent was due at the time of such removal, and that the goods were taken away on or after the day the rent became due, for the purpose of putting them out of the reach of a distress, the removal is fraudulent. It is not necessary that the rent should be in arrear and a right to distrain exist, at the time of the removal. Therefore, if the goods are removed on quarter-day, they may be followed, though the rent is not in arrear and there is no right to distrain, until the day after. If there are sufficient goods on the demised premises independently of the goods removed to satisfy the rent, the removal is not fraudulent and the landlord cannot follow them. Goods in the custody of a sheriff's officer or bailiff, having been seized under an execution or attachment, cannot be distrained; but before such goods can be removed the sheriff or bailiflf must :;r- ■i AND LAWS OF TRADE. 33d pay to the landlord one year's rent, or the rent for any lesff" period that may happen to be due at such seizure. And by the Division Coui*ts Act it is enacted that when ^oods are taken in execution under the process of any Division Court, the landlord shall be entitled, by writing under his hand or under the hand of his agent, stating the terms of holding, and the rent payable for the same, and delivered to the bailifi* making the levy, to claim any rent in arrear then due to him not exceeding the rent of four weeks, where the tenement has been let by the week, and not exceeding the rent accruing due in two terms of payment where the tenement has been let for any other term less than a year, and not exceeding in any case the rent accruing due in one year. Property of third parties on the demised premises in the pos- session and use of the owners, and not in the possession or under the charge of the tenant, cannot be distrained for rent; nor can the goods and chattels of third parties placed upon the demised premises in the possession and under the care of the tenant in the ordinary course of trade; nor the goods and chattels of travelers in hotels. Fixtures, implements of trade and husbandry, and beasts of the plow, are privileged from distress so long as they are in actual use, but not afterwards, or unless there are other goods on the demised premises sufficient to satisfy the rent without them. It is not necessary, in order to make a distress for rent, that the landlord or his agent should take corporal possession of the tliinsrs intended to be distrained. It is sufficient if the landlord, in person or by deputy, enters upon the demised premises and announces the distress to the tenant or his servants, or to the persons in actual occupation of the property. When the landlord distrains by an agent or bailiff, ne should give his agent authority in writing for the purpose. This authority is called a Distress Warrant , r~ 840 FOUNDATIONS OF SUCCESS m ' 1 1 , \ I As soon as the distress is ttirJc, whether hy the landlord or his bailiff, an inventory of the goods distrained should be made and served upon the tenant, together with the notice of the distress. The notice of the distress should set forth the amount of rent distrained for, and the particular things taken. If the tenant, after he has received notice, neglects for five days (to be com- puted inclusive of the last day and exclusive of the day of seizure) to poy the rent or replevy the goods, the landlord may sell them for the best price that can be got for them, and apply the purchase-money in discharge of the rent and the costs of the distress and sale, paying the overplus, if any, to the tenant. The costs of distresses under eighty dollars are regulated by Con. Stat. U. C, c. 123, and are as follows : Levying Distress $1 00 Man keeping possession, per diem 75 Appraisement, whether by one appraiser or more, two cents in the dollar on the value of the goods. 00 If any printed advertisement, not to exceed in all . . . . 1 Catalogues, sale and commission and delivery of goods, five cents in the dollar on the net produce of the sale. Every broker or other person who makes any distress is bound to give a copy of his charges, and of all the costs and charges of the distress, signed by him, to the person on whose goods and chattels any distress shall have been levied, although the rent demanded may exceed the sum of eighty dollars. When tho rent distrained for exceeds eighty dollars, the costs are not limited to any particular amount or fixed scale of charge; but they must be fair and reasonable. When, in consequence of the rent not being fixed and asccr- taided, the landlord has no right to distrain, his only remedy is bv action at law, in which he can recover from the tenant a proper compensation for tLo uoo and occupation (jf the premises. With reganl to repairs, it may be I'cmarkcd generally, that in 1, AND LAWS OF TRADE. 341 the absence of an express covenant or agreement to repair, thero results from the demise and acceptance of the lease by the tenant an implied covenant or promise to use the property ilemised in a tenantlike and proper manner; to take reasonable caro 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 demised, subject only to the deterioration produced by ordinary wear and tcai', and the reasonable use of it for the puipose for which it was known to be required. When a lease is determinable on a certain event or at a par- ticular period, no notice to quit is necessary, because both parties are equally apprized of the determination of the term. If, there- fore, a lease be granted for a term of years, or for one year only, no notice to quit is necessary at the end of the term. In the case of a tenancy at will, no notice to quit is necessaiy, but there must be a formal demand of possession, or notice of the deter- mination of the will, on the pai*t of the landlord, before any action of ejectment can be brought. The tenant at will, too, in order to discharge himself from his liability for rent, or for a reasonable compensation for use and occupation, must give notice to the landlord of the fact of his abandonment of the possession, iind of his election to rescind the contract and put an end to the tenancy. If the holtling is a general holding for a year, and onwards from year to year so long as both parties please, a half- year's notice must be given on either side in order to determine the yearly hiring and tenancy; and this notice may be given in the first as well as any subsequent year of the tenancy. The notice may Lc W writing or by word of mouth. In the case of a yearly t'^nant^ it must be a six months' notice, to expire at that period of the year corresponding with the period at which the tenancy commenced. It is better that a notice to quit should be served upon the land.vid or tenant, as the case may be, personally; but it is suffi- 342 FOUNDATIONS OF SUCCESS ll cient if served upon the wife or servant at the dwelling-house of the party to be served. A landlord may recover possession of his property by eject- ment or proceedings under the "Act respecting Overholding Tenants;" in either case it will be necessary for him to employ an attorney. The following forms may be found useful: SHORT FORM OF LEASE. This Indenture, made the day of one thousand, eight hundred and seventy , in pursuance of the Act respecting Short Forms of Leases, Between A. B., of the of in the County of and Province of Ontario (occu- pation), hereinafter oalled the Lessor, of the first part, and C D., of the of in the County of and Province aforesaid (occupation), hereinafter called the Lessee, of the second part. Witnesseth, that in consideration of the yearly rents, cove- nants and conditions hereinafter respectively reserved and con- tamed by the said Lessee, his executors, administrators and assigns, to be respectively paid, observed and performed, he, the said lessor, hath devised and leased and, by these presents, doth devise and lease unto the said lessee all that certain parcel or tract of land and premises situate, lying and being in the of in the County of and Province of Ontario (descrip- tion of premises). Together with all the rights, members and appui-tenances what- soever to the said premises belonging or appertaining; To have and to hold the said hereby devised premises, with their appurtenan- ces, unto the said lessee, his executors, administrators and assigns, for the term of (state the number of years), to be computed from the day of one thousand, eight hundred and seventy ; Yielding and paying therefor unto the said lessor, liii. heirs, executors, administrators or assigns, the clear yearly ren<,al AND LAWS OF TRADE. 813 or sum of dollars of lawful money of Canada, in even por- tions of dollars each, on the day of in each and every year during the continuance of the said term without any deduction, defalcation or abatement whatsoever; the first payment to be made on the day of And the said lessee, for himself, his heirs, executors, adminis- trators ttnd assigns, hereby covenants with the said lessor, his heirs and assigns, to pay rent and to pay taxes and to repair, and to keep up fences, and not to cut down timber; and that the said lessor may enter and view state of repair; and that the said lessee may enter and view state of repair, and that the said lessee will repair according to notice, and will not assign or sublet with- out leavi and will not carry on any business that shall be deemed a nuisance on the said premises, and that he will leave the premises in good repair; and also that if the term hen by granted shall be at any time seized or taken in execution or attach- ment by any creditor of the lessee, or if the said lessee shall make any assignment for the benefit of creditors, or becoming insolvent shall take the benefit of any Act that may be in force for bank- rupt or insolvent debtors, the then cvrrert qua:.er's rent shall immediately become due and payable, and the said term shall immediately become forfeited and void, but the next current quarter's rent shall nevertheless be at once due and payable. Proviso for re-entry by the said lessor, or nonpayment of rent, whether lawfully demanded or not ; or on nonperformance of covenants, or seizure, or forfeiture of the said term for any of the causes aforesaid* The said lessor covenants with the said lessee for quiet enjoy- ment. In witness whereof the said parties have hereunto set their hands and seals. Signed, sealed and delivered A. B. [l. s.] in presence of C. D. [l. s.] S44 FOUNDATIONS OF SUCCESS FAKMING LEASE ON SHARES. \ I •i!' day of , one thoucand, This Indenture, made the eight hundred and seventy Between A. B., of the of in the County of , and Province of Ontario (occupation), of the first part, and C. D. (as before) of the second part. Witnesseth, that the said A. B., for and in consideration of the rents, covenants and agi*eements hereinafter mentioned, reserved and contained, on the part of the said C, D,, his executors, administrators or assigns, to be paid, kept and performed, doth, by these presents, grant, demise and. to farm let unto the said C. D., his executors, administrators and assigns, all and singular (give description of premises), to hold the said premises unto the said C. D., his executors, administra- tors and assigns for and during (set out the term) ; Together with all the tenements and hereditaments thereunto belonging, and all the stock and farming utensils of e /ery kind and nature now being in or upon the same belonging to the said A. B. In consideration whereof, the said C. D. hereby covenants and agrees with the said A. B. that he will occupy, till, and in all respects cultivate the premises above mentioned, during the said term, in a husbandlike manner, and according to the usual method of husbandry practiced in the neighborhood. 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, reasonable wear and tear and damage by fire and tem- pest excepted ; and that he will deliver to the said A. B., his heirs, executors, administrators or assigns, one-half of all the proceeds and crops produced on the said farm and premises, of every name, kind and dcoCx.jjtion, to be divided on the said premises, in the mow, stack or half bushel, according to the usual custom and course wi making such divisions in the neighbor- hood and in a reasonable time after such cj-'^ps have been gathered and harvested. I AND LAWS OF TRADE. li'hS It is farther understood an,d agreed between the parties hereto that the said A. B. shall find one-half of all seed or seeds neces- sary to be sown on said premises, and pay all taxes and assess- ments on the same; that the said C. D. is to find one-half of all seed or seeds necessary to be sown on said premises ; and that he is to do or cause to be done all necessary work or labor in and about the cultivation of the premises; that he is to have full permission to inclose pasture or till and cultivate the said premi- ses so far as the same may be done without injury to the rever- sion, and cut all necessary timber for fire wood, farming purposes and repairing fences; and that he is to give up and yield peace- able possession of the said premises at the expiration of the said term. In witness whereof, the parties hereto have hereunto set their hands and seals. Signed, sealed and delivered A.i3. [u s.] in presence of CD. [l. s.] ,, NOTICE OF DISTRESS OF GROWING CROPS. Mr. CD.: Take notice that I have this day taken and distrained [or that as bailiff to J. S., your landlord, I have taken and distrained], on the lands and premises known as lot number one in the township of, etc., the several growing crops specified in the inventory for the sum of dollars, being one year's rent due me [or to the said J. S.,] on the first of May last, for the said lands and prem- ises; and unless you previously pay the said rent, with the charges of distraining for the same, I shall proceed to cut, gather, make, cure, carry and lay up the crops when ripe, in the barn or other proper place on the said premises, and in convenient time sell and dispose of the same towards satisfactLa of the said rent, and of the cha.rges of such distress, appraisement and sale, accord- s s 346 FOUNDATIONS OF SUCCESS 1 I ing to the fonn of the statute in such case made and provided. Given under my hand the day of ,18 J. S. (Landlord.) or A. B. (Bailiff.) A true copy of the above inventory was this day of delivered to the above mentioned C. D., in the presence of us. G. H. J. K. TENANT'S REQUEST FOR DELAY. Mr. A. B.: v : I hereby desire you will keep possession of my goods which you have this day distrained for rent due or alleged to be due from me to you, in the place where they now are, being the house No. 3 Dean street, Toronto, for the space of seven days from the date hereof, on your undertaking to delay the sale of the said goods and chattels for that time i,o enable me to discharge the said rent, and I will pay the man for keeping the said possession. Witness my hand this day of , 18 . Witness, CD. R. a DISTRESS WARRANT. To E. F., my Bailiff in this behalf: Distrain the goods and chattels liable to be distrained for rent in and upon the premises now or lately in the occupation of C^ D., situate in the , in the County of and Province of Ontario, for the sum of dollars, being rent due to me for the same, on the da of , A. D. 187 . And for the purposes aforesaid, distrain within the time, in the manner and with the forms prescribed by law, all such goods and chat- tels of the said C. D., wheresoever they shall be found, as have been carried off the preiuises, but are nevertheless liable, by law, to be seized as a distress for the rent aforesaid ; and proceed '■^1 AND LAWS OF TRADE. 847 thereupon for the recovery of the said rent as the law directs; and for your so doing this shall be your sufficient warrant and authority. In witness whereof I have hereunto set my hand and seal this day of in the year of our Lord, one thousand, eight hundred and seventy Witness, A. B. [l. s.] NOTICE TO QUIT BY LANDLORD. To Mr. A. B., I hereby give you notice that I require you to quit and deliver np to me on or before the day of now next ensuing, the peaceable and quiet possession of the premises now occupied by you [as a store, dwelling or otherwise], being lot number on the side of street, in the of , in the County of which you now hold of me as tenant. Dated this day of A. D. 187 Yours, &c., CD. NOTICE TO QUIT BY TENANT. Please take notice: That on the day of next I shall quit and remove from and renaer unto you the possession of the premises now occupied by me, being lot nurnbei* on the side of street in the of in the county of Dated this day of A. D. 187 To Yours, &c., " CD. . A. B. LIABILITIES OF RAILROAD COMPANIES. Railroad Companies, as Common 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 vegu- 348 FOUNDATIONS OF SUCCESS lar or a reasonable compensation therefor. It is better, in case of a refusal to receive the goods, for the person offering theui to tender the price for cnniage, though it has been held thai an averment of a readiness and willingness to pay is sufficient. Thoy are not bound to receive goods which they are not accus- tomed to carry, or when their cars are full, or when the goods are brought at an unreasonable time, or unless the price is ten- dered. The goods having been placed in the hands of their agents, they are bound to transport them safely to the place of destina- tion, 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 committed 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. The duty of Kailroad Companies, as to the delivery of the goods transported on their roads, is somewhat different 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 construction of a railroad, it would be impossible to deliver goods to persons off the line of the road, without employing other means of conveyance lu aduidon thereto, it has been held that it is sufficient for tiiem i ^ iaixu lie goods in their depots or warehouses along the road, and 'hrt then their duty as common carriers is at an end. In consequence, however, of the great amount of goods trans- ported, and belonging to so many different persons, cind of the different hours of arrival, by night as well as by day, it is neces- sary that the goods should be unladen and deposited in a safe place, protected from the weather, and from exposure to thieves and pilferers. AND LAWS OF TRADE. 349 But although the liability of railroad companies, as common carriers, is at an end when they have deposited the goods remain- ing uncalled for on their arrival, in their warehouse or depot, yet they are still liable, as warehousemen, to use all proper care and diligence. Carriers of goods are no^ liable for loss by fire, without negli- gence on their part after the goods are unladen from the cars and placed in the warehouse; but are liable as warehousemen only for want of ordinary care, although the ownt. or consignee has no opportunity to take the goods away before the tire. It seems that the proprietors of a railroad are not obliged to give notice to the consignee of the arrival of goods transported by them in order to exonerate themselves from their liability as common carriers. LIABILITIES OF DRAYMEN. The rights, and duties, and liabilities of that numerous anfl important class of carriers known as expressmen or draymen do not vary from those of other common carriers. The drayman is bound to receiv3 all goods offered of a simi- lar description to those whieh 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 de- livered according to his regulations. The liability of the expressman or drayman 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, th:; re fore, generally necessary to prove that they were delivered to him or his servant, or that they were delivered in the uaual and custom- ary manner. I ^1 ' 3oO FOUNDATIONS OF SUCCESS i. li ' t ,-^ ,8 I The expressman or drayman 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 ijijury 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. Reasonable expedition is required in the carriage and delivery of the goods; but the expressman, or drayman, will not be liable for a delay occasioned by any accident or misfortune which he could not guard against by the exercise of reasonable care and foresight. The liability of the expressman 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 car- riage. In the absence, therefore, of any express contract, or of any well-established custom regulating the place and manner of delivery, the expressman, or drayman, must make a tender of the goods to the person to whom they are sent; and such tender must be made at a proper time and place. I um not aware of any custom which relieves the expressmen, or draymen, from the necessity of making an actual delivery. If the delivery is made to the wrong person, he will be liable. When the consignee refuses to receive the goods, or is dead, or absent, or cannot be found, the liability of the expressman, or drayman, as a carrier, is at an end, but he must, nevertheless, take reasonable care of the goods. The expressman, or drayman, may demand his freight upon tendering 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. The expressman, or drayman, cannot free himself from his lia- bility to carry and deliver the goods safely by any notice that the (roods are to be at the sole risk of the owner, unless a knowledge AND LAWS OF TRADE. S51 of such notice can be brought home to the owner. Ho ma;- however, establish regulations requiring the person offering goods to disclose their value, and to pay a corresponding price T. . their carriage; and he will not be liable if a person, having know- ledge of such regulations, fails to comply with them. Whether the expressman's, or drayman's liability to receive goods directed to a place beyond the limits of the place to which he is accustomed to carry and deliver, terminates upon the de- livery of the goods by him, at the termination of his line, to some other carrier, to complete the transportation, and continues until the goods are safely delivered at the place of their destina- tion, or ceases upon their safe delivery to another carrier, is elsewhere stated. He is liable for the faults and negligence of his servants, and also for the acts of his servants, where those acts are within the scope of the servant's authority. Where several expressmen, or draymen, associate themselves together for the purpose of forming a continuous line between distant places, each one of them will be liable with the other for a loss happening '^n any part of the route. LIABIIJTIES OF OWNERS OF STEAMBOATS. TJABILITY OF THE OWNERS OF STFAMBOATS 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 car- riers; but if, as is ordinarily the case, the steamboat is employed in the carriage not merely of passengers, but of goods and mer- chandise on freight, then the owners will incur the liabilities of common carriers as to all such matters within the scope of their employment rnd business. The general rules regulating the duties and liabilities of com- mon carriers, as heretofore stated, are applicable to the owners 352 FOUNDATIONS OF SUCCESS of steamboats who carry goods and merchandise as well as pas- sengers. They are bound to receive all goods offered for transportation which are similar to those they are accustomed to carry, provided the person offering them is ready and willing to pay the freight and the boat is not full. They may regulate the time an^: manner of receiving goods, but are not bound to receive them until they are ready for their carriage Their responsibility 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 occasioned 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 ser- vants, or from accidental fire, not occasioned by the act of God, etc., must be borne by them. So they are liable for a delivery by them or their servants to a wrong person. Loss by fire on the boat is not one of the clangers of the river. Owners of steamboats who convey horses from point to point, are responsible as innkeepers ; and when a horse escapes from his fastening and is lost overboard, the owner of the steamer is liable. Where the undertaking was to stop to re-ship at a certain point, and the carrier stopped short of that point, and the goods wore lost, he was held liable, even though the dangers of the river were expressly excepted in the undertaking. LIABILITY FOR THE BAGGAGE OF PASSENGERS. The owners of the steamboat are liable for the safe carnage of the bao-f.age of the passengers, and they will be answeralyle for any loss or injury not occasioned by the act of God, the public enemy, etc. Their liability does not commence until the baggage has been actually delivered to their agents. If a person weie to take bag- ! I .,^■1 J AND LAWS OF TRADE. 353 gage on board with him, and keep it in his own possession it, would be extremely doubtful whether the proprietors would be liable for its safety ; though it i^ sufficient if the baggage is de- livered in the usual and customary manner. Their liability does not terminate until the baggage is delivered to the right passen- ger, and he is allowed a reasonable time to demand his baggage. In one case, where it appeared that though it was usual for pas- sengers, 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 durinfj the niiiht, it was held that the owners of the boat were liable for batjfjaofelefton board through the night and not called for until the usual hou- in the morning. LIABILITIES OF MINORS. Persona of both sexes are minors until they are twentv-one years of age. Minors, as a rule, can not do any act to the injury oi their property which they may not repudiate or rescind when they arrive at full aofe. Every contract entered into by a minor, which is clearly to his prejudice, is absolutely void ; and a contract which is clearly to . .-. benefit is good ; and one that is uncertain, whether preju- dicial or advantageous, is voidable only at the election of the minor. If the contract be voidable only, it is binding on the adult party thereto until it is rescinded by the minor. A contract for necessaries is binding on an infant, and he may be sued on such a contract, but the articles must be shown to have been necessary for him under the circumstances and condi- tion in which he was placed when they were furnished. The real circumstances of the minor must bo looked at, not his osten- sible condition. Necessaries for a minor's wife and children aro necessaries for him. Tt 354 FOUNDATIONS OF SUCCESS Infancy or nou-age cannot be taken advantage of to protect a fraudulent act. An infant has been held liable for deceit in ob- taining a loan of money on the fraudulent affirmation that he was of age. A father is not bound by the contract of his son, even for articles that are necessary and suitable for the minor, unless an actual authority be proved, or the circumstances be sufficient to imply an authority. What circumstances will be sufficient to infer an authority must always be a question to be determined in each particular case. MORTGAGES OF REAL ESTATE. According to the text writers, a mortgage mny be defined to be a debt by specialty, secured by a pledge of lands, of which the legal ownership is vested in the creditor, but of which, in equity, the debtor, and those claiming under him, remain the actual owners until debarred by judicial sentence, by legislative enact- ment, or their own laches. In popular language, and speaking with reference to real estate, or landed property only, it may be called a pledge of land: whereby the debtor or pledgor, or, as he is commonly called, the mortgagor, conveys his land to the creditor or pledgee, or, as he is commonly called, the mortgagee, subject to a condition or proviso that, if the debt is discharged by a day named, the pledge shall be void, and the mortgagor shall be entitled to receive back and hold the lands, free from all claims created by the mortgage. By virtue of a mortgage, the ri• C. D. [l. s.] Y. Z. J E. F. [L. s.] AFFIDAVIT OF EXECUTION. County of , to wit: I, Y. Z., of, etc., make oath and say: 1st. That I was personally present and did see the annexed, or within, moj+gage (and duplicate, if any, according to the fact) ^i!i ! 358 FOUNDATIONS OF SUCCESS n duly signed, sealed and executed by A. B., C. D. and E. R, the parties thereto. 2nd. That the said mortgage (and duplicate, if any, according to the fact) were executed at [state here the place of execution]. Srd. That I know the said parties (or one or more of them, according to fact). 4th. That I am a subscribing witness to the said mortgage (and duplicate, according to the fact). Sworn before me at , in the^ Y. Z. County of , this day of A. D. 18 . L. M., A Commissioner, etc. DISCHARGE OF MORTGAGE. To the Registrar of the ^ounty of , I, E. F., of, etc., do certify that A. B., of, etc., hath satisfied all moneys due on, or to grow due on (or hath satisfied the sum of dollars, mentioned in) a certain mortgage made by A. B., of, etc., to me (or if the mortgage has been assigned to G. H., of, etc.), which mortgage bears date the day of , A. D. 18 , and was registered in the Registry Office for the County of , on the day of , A. D. 18 , at minutes past o'clock, noon, in liber for , as No. . [If the mortgage has been assigned, go on to say, "and which mortgage was assigned to me by inden- ture, dated the day of , 18 , made between, etc. (stating the names of the parties to the assignment), registered in the said Registry Office, on the day of , A. D. 18 , at minutes past o'clock, noon, in liber for , as No. ;" and so on, in the same manner, with reference to all assign- ments, where there are several. If the mortgage has not been assigned, state the fact thus: "and that the said mortgage has not been assigned."] And that I am the person entitled by law to receive the money, and that such mortgage (or such sum of money as aforesaid, or such part of the lauds as is herein par- r AND LAWS OF TRADE. 3od ticularly described, that is to say: [here set out the lands intended to be discharged, if a part only of the lands is to be released]) is therefore discharged. Witness my hand this day of , A. D. 18 , Signed in the presence of A, B. Y.Z. (One witness is sufficient), of, etc. [here state residence and occupation]. An affidavit of execution of the discharge must be made by the witness ; it will be in a form similar to that of the execution of the mortgage. ASSIGNMENT OF MORTGAGE. This indenture, made the day of , in the year of our Lord, one thousand, eight hundred and , between E. F., of, etc. (hereinafter called the assignor), of the fu'st part, and G. H., of, etc. (hereinafter called the assignee), of the second part: Whereas, by indenture of mortgage, bearing date the day of , 18 , made between one A. B., of, etc., of the first pai-t, 0. E , wife of the safd A. B,, and for the purpose of barring her dower, of the second part, and the said E. F., of the third part, the said A. B. did convey and assure the lands and premises hereinafter described, unto the said E. F., liis heirs, executors, administrators and assigns, subject to a proviso for redemption on payment of dollars, and interest thereon, at the rate of per cent, per annum, on the days and times and in the manner in the said indenture of moi'tgo.ge mentioned: and whereas, there is now due upon the said mortgage, for principal money, the sura of dollars, and for interest the sum of dollars : Now this indenture witnesscth, that in consideration of the sum of dollars, of lawful money of Canada, now paid by tlr^ said assignee to the said assignor, the receipt whereof is hereby acknowledged, he, the said assignor, doth hereby grant, us-jign 4-^ ,t :l!" DX if^ V^' m I ; I .1 f'ij 360 FOUNDATIONS OF SUCCESS and transfer unto the said assignee, his heirs, executors, adminis- trators and assigns, the said indenture of mortgage, and the principal and interest moneys thereby secured, and the lands and premises thereby conveyed, to wit: all and singular [here describe the premises]; to have, hold, receive and take the said indenture of mortgage, and the principal and interest moneys thereby secured, and the lands and premises thereby conveyed unto the said assignee, his heirs, executors, administrators and assigns, to and for his and their sole and only use. sub':ct, nevertheless, to the proviso for redumption in the said mortgage contained. And for the better enabling the said assignee, his executors, administrators and assigns, to recover and receive the said principal moneys and interest from the said A. B., his exe • cutors or administrators, he, the said assignor, doth hereby nominate and appoint the said assignee, his executors, adminis- trators and assigns, to be the true and lawful attoi-ney and attor- neys of hiin, the said assignor, his ex(?cutors or administrators, for him, the said assignor, his executors or administrators, and in his or their name or names, but at the cost and charges of the assignee, his executors, administrators or assigns, to sue for and recover the said principal moneys and interibt, in any court of law or equity; and on receipt or recovery, to give good and suffi- cient discharges, and generally to do and execute all such acts, deeds, matters and things as may be requisite and necessary for the recovery of the said mortgage money and interest. And the said assignor doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agree, to and with the said assignee, his executors, administrators and assigns, that the said indenture of mortgage, is a good, valid and subsisting security, free from all incumbrji .es, and not discharged or released; and that the piincipal moneys and interest, hereinbefore mentioned, are now justly due and owing upon the security of the said mortgage; and that the said assignor has good rigli..,s to assign and tran."fer the said mortgage, and will not at any time here- AND LAWS OF TRADE. 381 after release or discharge the same, without the consent of the said assignee, his exccutora, administrators or assigns; and that the said assignor, his heirs, executors or administrators, will at all times, on the request, but at the costs and charges of the assignee, his executors, administrators and assigns, execute such further assignments or assurances of the said indenture, and the moneys thereby secured, and the lands therein comprised, as may be necessary; and the said assignee doth hereby, for himself, liis executors, administrators and assigns, covenant, promise and agree, to and with the assignor, his heir;/, executors and adminis- trators, that he, the said assignee, his executors or administrators, in case he or they shall act upon the power of attorney herein- before contained, will save harmless and indemnify the said assignor, his heirs, executors and administrators, of and from all costs, charges and expenses to which he or they may become liable or be put unto in consequence thereof. In witness whereof, the parties to these presents have here- unto set their hands and seals, the day and year first abt)\o written. Signed, sealed and delivered"^ * E. F. [l. s.] in the presence of > '^•■. H. [l. s.] Y. Z. J MORTGAGE OF LEASK This Indenture, made the day of , in the year of ou»' Lord one thousand eight hundred and , between A. B., of, etc., of the first part, and C. D., of, etc., of the second part: Whereas, by an indenture of lease, bearing date on or about the day of , 18 , and made between, etc., the said lessor therein named did demise and lease unto the said lessee therein named, hi^ executors, administrators and assigns, all and singular, that certain parcel or tract of land and premises situate, lying and being, etc. [set out the lands], to hold the same, with their appurtenances, unto the said lessee, his executors, administrators u u t ( { i il 362 FOUNDATIONS OF SUCCESS If "i Si I* r. and assigns, from the day of ,18 , for and during the term of years from thence next ensuing, and fully to be com- plete and ended, at the yearly rent of dollars, and under and subject to the lessee's covenants and agreements in the said indenture of lease reserved and contained. Now this Indenture Witnesseth, That in consideration of the sum of dollars of lawful money of Canada, now paid by the said part}'- of the second part to the said party of the first part, the receipt whereof is herely acknowledged, he, the said party of the first part, doth hereby '^^rant, bargairj, sell, assign, transfer and set over unto the said party ot the second part, his executors, administrators and assigns, all and singular, the said parcel or tract of land, and all other the premises comprised in and demised by the said hereinbefore in part recited indenture of lease; together with the said indenture of lease, and all benefit and advantage to be had or derived therefiom; to have and to hold the same, with the appurtenances thereunto belonging, unto the said party of the second part, his executors, administrators and assigns, from henceforth for and during all the residue of the said term granted by the said indenture of lease, and for all other the estate, term, right of renewal (if any), and other the interest of the said party of the first part therein; subject to the payment of the rent and the observance and performance of the lessee's co tenants and agreements, in the said iident .re of lease reserved and contained, and to the proviso for redemption hereinafter contained. Provided always, that if the said party of the first part, his executors or administrators, do and shall well and truly pay, or cause to be paid, unto the said party of the second part, his exe- cutors, administrators or assigns, the full sum of dollars, with interest fur the same at per cent, per annum, on the days and times and in manner followhig, that is to say, [here specify terms of payment,] without making any deduction, defalcation or abatement thereout, on any account whatsoever, then these EH AND LAWS OF TRADE. 3G3 presents, and every clause, covenant, matter and thing herein contained, shall cease, determine and be absolutely void to all intents and purposes whatsoever, as if the same had never been executed. And the said party of the first part doth hereby, for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said party of the second part, his exe- cutors, administrators and assigns, in manner following, that is to say: That he, the said party of the first part, his executors and administrators, or some or one of them, shall and will well and truly pay, or cause to be paid, unto the said party of the second part, his executors, administrators or assigns, the said principal sum and interest in the above proviso mentioned, at the times and in mam. r hereinbefore appointed for payment thereof, with- out any fl-ln'^+'-r. or abatement whatsoever, and according to the true int ■ j ■ .d meaning of these presents. And that the said hereinbefore in part recited indenture of lease is, at the time of the sealing and delivery of these presents, a good, valid and subsisting lease in the law, and not surrendered, forfeited or become void or voidable; and that the rent and cove- nants therein reserved and contained have been duly paid and performed by the said psrty of the first part, up to the day of the date thereof. And that the said party of the first part now hath in himself good right, full power and lawful and absolute authority to assign the said lands and premises in manner aforesaid, and according to the true intent and meaning of these presents. And that in case of default in payment of the said principal money or interest, or any part thereof, contrary to the proviso and covenant aforesaid, it shall be lawful for the said party of the second part, his executors, administrators and assigns, to enter into and upon and hold and enjoy the said premises for the SG4 FOUNDATIONS OF SUCCESS I I. lit !lli residue of the term granted by the said indenture of lease, rnd any renewal thereof (if any), for their own use and benefit, with- out the let, suit, hindrance, interruption or denial of the said party of the first part, his executors, administrators and assigns, or any other persons whomsoever; and that fi'ee and clear and freely and clearly acquitted, exhoneratod and discharged . or otherwise, by and at the exp ., e of the said party of the first part, his executors and administrators, well and eftectually saved, defended and kept harmless of, from and against all former and other gifts, grants, bargains, sales, leases and other incumbrances whatsoever. And that the said party of the first part, his executors, admin- istrators and assigns, and all other persons claiming any interest in the said premises, shall and will, from time to time and at all times 1 M-eafter, so long as the said principal sum or any part thereof shall remain due and owing on this security, at the request and. costs of the said party of the second part, his exe- cutors, administrators or assigns, make, do and execute, or cause and procure to be made, done and executed, all such further assignments and assurances in the law of the said premises, for more effectually assigning and assuring the said premises for the residue of the said term, and any renewal thereof (if any), sub- ject to the proviso aforesaid, as by the said party of the second part, his executors, administrators or assigns, or his or their counsel in the law, shall be reasonably advised or required. And that the said party of the first part, his executors, admin- istrators or assigns, shall and will, from time to time, until default in payment of the said principal sum or the interest thereof, and until the said party of the second part shall enter into possession of the said premises as aforesaid, well and truly pay, or cause to be paid, the said yearly rent by the said inden- ture of lease reserved, and all taxes payable on the said premises, and perform and keep all the lessee's covenants and agreements AND LAWS OF TRADE. 365 in the said lease contained, and indemnify and save harmless the said party of the second part therefrom, and from all loss, costs, charges, damages and expenses in respect thereof. And also shall and will, from time to time, and at all times hereafter, so long as the said principal money and interest, or any part thereof, shall remain due on this security, insure and keep insured the buildings erected or to be erected on the land hereby assigned, or any part thereof, against loss or damage by iire, in some insurance ofhce. to be approved of by the party of the second part, in the full amount hereby secured, at the least, and, at the expense of the said party of the first part, immedi- ately assign th" policy and all benefit thereof to the said party of the second part, his executors, administrators and assigns, as additional security for payment of the principal money and interest hereby secured; and that in default of such insurance it shall be lawful for .le said party . the second part, his exe- cutors, administrators or assigns, to effect the same, and the pre- mium or premiums paid therefor shall be a charge or lien on the said premises hereby assigned, which shall not be redeemed or redeemable until payment thereof, in addition to the saiil prin- cipal money and interest as aforesaid. Provided, lastly, that until default in payment of the said principal money and interest hereby secured, it shall be lawful for the said party of the first part, his executors, administrators ^ or assigns, to hold, occupy, possess and enjoy the said lands and premises hereby assigned, with the appurtenances, without any molestation, interruption or disturbanc(i of, from or by the said party of the second part, his executors, administrators or assigns, or any pei'son or persons claiming or to claim by, from, through, under or in trust for him, them or any of them. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. MM 1^ I t i i G6 FOUNDATIONS OF SUCCESS Signed, sealed and delivered'! in the presence of f Y.Z. ) Received on the date hereof, the sum or full consideration above mentioned. Witness, A. B. [L. s.] CD. [L. s.] dollars, being tho A. B. Y.Z. LETTER OF CREDIT. This is a letter frequently given by a person of known respon- sibility to a friend, to enable that friend to procure goods on time. It is usually somewhat in this form : bankers' inland open credit. London, July 17, 1877. Federal Bank, London, Ont. Gentlemen, — Please honor the drafts of the bearer, Mr. , who is about to visit Toronto, to the extent of $ forwarding the checks as drawn, to the debit of this bank. • I am, etc. To Federal Bank, Toronto. ' A. B. bankers' FOREIGN CREDIT. London, July 17, 1877. Gentlemen, — ^We beg leave to establish a credit with you for five thousand dollars (.So, 000), less your charges, in favor of Mr. A. B., and his bills for the amount will be duly honored. We are, etc., To Messrs. Baring Bros., London, Eng. C. D. MISCELLANEOUS FOREIGN CREDITS, ETC. No. 163— Credit f- ' $5,000 in Duplicate. •' ' London, July 17, 1877. Bank of Montreal. . To A. B., Montreal,— I hereby, for ' IP AND LA.WS OP TRADE. m the Bank of Montreal, authorize you to draw the annexed bill of exchange, at thirty day's sight, for five thousand dollars, on Messrs. Glyn &; Co., Bankers, New York, who will honor the same in conformity with its tenor, if presented along with this letter. C. D. This credit is engrossed on the marginal part or counterfoil of the following bill, the credit and bill thus forming one docu- ment : First Exchange for 85,000— No. 168. London, July 17, 1877. Thirty days after sight, pay this first of exchange, second oi the same ter.or and date not being accepted or paid, to my order, the sum of five thousand dollars, which charge to the Bank of Montreal, as per annexed letter of credit. To Messrs. Glyn & Co., New York. A. B. London July 17,1877. Gentlemen, — This letter will be presented to you by Mr. in whose favor we beg to establish a credit for dollai"s, which sum, or any part thereof, you will please hold at his dis- posal, less your charges, and take in exchange his drafts upon us, at thirty days' sight, which will be duly honored. This credit is to be available for one year from this date, at which period, if unused, you will consider it canceled. We shall forward you iu our next the signature of Mr: to which we refer. We are, etc. To Messrs. B. C. & Co., Hamburg. We request the favor of your negotiating, at the current ex- change, the drafts, at thirty days' sight, of Mr. A. B., (whose signature is annexed), on B. C. & Co., of this city, to the extent of one thousand dollars (§1,000); and we guarantee that the same shall be duly honored. This credit to remain in force for three months from this date. I take the liberty of opening a credit with you in favor of the IMAGE EVALUATION TEST TARGET (MT.3) k /. {./ ^ Y. '(/. % 1.0 I.I lis IS 18 11:25 ■ u 1.6 A '/ /^ iV ^\^V ■1>^ :\ \ ^P5^ ^\^\ 4^ :<$> ^^^ ^ vV 3G8 POUNDATlOyS OF SUCCESS bearer, Mr. A. B. Any sum of money that this gentleman may require, to the extent of , be pleased to advance on my account, either against his receipt or his draft on me to your or- der, as may be most agreeable to yourselves. We request the favor of your furnishing the bearer, Mr. A, B., with any money that he may require during his stay in to the extent of $10,000, taking his receipts for the sums ad- vanced, and placing the same to our debit. We refer you to our letter of this date, per ship "Tempest," for Mr. A. B.'s signature, and remain, etc. CREDIT PROTECTING DOCUMENT BILLS. We beg to establish a credit with you in favor of Mr. C. D., whose drafts, at thirty days' sight, on Messrs. F. & Co., of we requ(!st you will negotiate at the exchange of the day, to the extent of , within one year of this date ; such drafts to be protected by the hypothecation as collateral security of bills of lading and relative policies of insurance of \\ool of equivalent invoice value, shipped "to order" on board of a vessel bound to tins port, and we hereby guarantee that all such drafts shall bo duly honored. GUARANTEE FOR A CREDIT. We request you to establish a credit with your firm in to the ('xtent of , to be used by our agent, Mr. A. B.; and ill consi(l(!ration of your so doing, we hereby engage to acce})t draft on us for that amount, payable in New York, and to pay tho same at maturity. LOANS— SECURITIES— GUARANTEES. The character of a contract or guarantee is a collateral en- gagement to answer toi tlie debt, default or miscarriage of another. The contract is in its nature special, and not negoti- f:1 AND LAWS OF TRADE. SCO able ; and no suit can be maintained upon a guarantee, except by the party with whom this contract is made. The primary meaning of a guarantee is an undertaking to pay the debt of another, in case he does not pay it. If two parties go together in a warehouse or shop, and, upon the one selecting and giving an order for the goods, the other engages verbally to pay for those goods, in cdse the other does not, in whatever form of words that promise is made or given, he is bound not by it — it must be reduced to writing. When, however, the credit is not given to the buyer, but to the guarantor in the first instance, as where A, tells a merchant that he will be responsible for goods purchased by C, and the mer- chant charges the goods to A., the promise need not be in writ- ing to bind the guarantor. A guarantee must be founded on some consideration. It is enough, however, if the poison for whom tlie guarantor becomes surety receives a benefit, or the person to whom the guarantee is given suffer inconvenience, as an inducement to the surety to become guarantee for the principal creditor. The consideration, however, need not appear in the written memorandum of guar- antee, but may be proved by parol evidence. An engagement on the back of a lease, to guarantee the en- gagement of the lease, is binding, though no consideration be expressed. The permitting the lessee to occupy is sutlicient to raise a consideration for the promise. There is an advantage from having a guarantee under seal, particularly if it is for a considerable sum. A guarantor ought to take care to be indemnified against loss, in the event of being tailed on to pay the debt. With this view indemnities aic gi\en (frecpiently, but not always or necessarily, by bond), holding harmless him who, under an undertaking to be responsible for the deot or engagements of another, becomes chargeable or liable for tho debt. ^• V ^ jl ■w 370 Foundations of success \i f 1 Care should be taken, if it be intended to look to the guaran- tor, not to deal 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 renewed or other bill from him without the concurrence of the guarantor; for, if such a course be taken, it will discharge the guarantor from his liability. The following are different forms of guarantees : CONTINUU^G GUARANTEE FOR GOODS TO BE DELIVERED. [A guarantee should be founded on some consideration.] I hereby guarantee the payment to Messrs. C. D. and L. M. for all goods which they may from time to time supply to John Williams, of, etc., 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, etc. O. P. FThe supplying the goods is the consideration implied.] OTHER EXAMPLES OF GUARANTEES. I hereby guarantee the payment to Messrs., etc., for such goodf as they may supply to B. C, of, etc., not exceeding the amount of $ ; but this is not intended as a continuing guarantee, but only for the once supplying goods to the above amount. Dated, etc. I hereby guarantee the debt of $200 due to you by C, in con- sideration of your giving him a further credit of S400. [This applies only to a single transaction, and is confined to the single debt of $200.] I hereby guarantee the debt of $200, due to you by C, on your g'*ving him a farther credit: as also what he may contract with you up to the 30th of October next. fTlws applies to the debt of $200, and extends to all tran.sac- ! i AND LAWS OF TRADE. 871 ,nsac- tions of whatever amount, of C. with the partj to whom the guarantee is given, up to a given day.] I hereby guarantee the debt of $200, due to you by C, on your giving him a farther credit ; and also any debt he may contract with you, not exceeding 81,000, for goods supplied to him after this date. [This is a guarantee for of a debt $1,000, and extending to any debt not exceeding $1,000, which may at any time become due for goods delivered to C, 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 you may deliver to C. after this date, [Extends to all transactions for goods sold to C at any future time, and to any amount, and continues in force until the credit is recalled. FOR DEBTS ALREADY DUE, TO PREVENT PRO- CEEDINGS. Messrs. A. B. and C. D. having, at my request, agreed to forego proceedings which they were about to take against Mr. H. L., of, etc., to enforce the payment of dollai-s, due from him to them, I hereby, in consideration thereof, guarantee the payment to them of that sum. Dated, etc. TO STOP PROCEEDINGS WHEN COMMENCED. Messrs. A. B. and C. D. having, at my request, agi-eed to dis- continue the proceedings taken by them against, etc., to enforce payment of, etc., due from him to them, I hereby, in considera- tion thereof, guarantee the payment of that sum, and of dollars costs. GUAb-ANTEE FOR PAYMENT OF RENT. In consideration of the execution of the within-written lease, i>", 5 I 372 FOUNDATIONS OF SUCCESS '\ at our request, we do hereby guarantee to the said H. H. the true and punctual payment of tlie rent reserved, at the times and in the manner therein mentioned, and, in default thereof, promise to pay the same on demand. Witness our hands and seals, this day of, etc. A. B. [L. s.] Executed in presence of C. D. [l. s.] GUARANTEES FOR GENERAL ADVANCES. To the Agent of the Bank of British North Ameiica, Toronto, Ont. Si* In consideration of your advancing money by discount of bills, payment of checks, or otherwise, to A. A., I guarantee to you the payment of all such advancer? to the extent of This guarantee to be a continuing security, or. Sir, In consideration of your paying the checks of A. A., or otherwise advancing him sums of money, I hereby guarantee the repayment thereof upon demand, to the extent of dollars, or. Sir, I hereby agree to guarantee the payment of such drafts or accepted bills and notes as you may discount for A, A. from and after this date till this letter be withdrawn, to the extent of dollars, but it is understood that this letter only extends to that sum, whatever your transactions with him may bo. GUARANTEES FOR BILLS. Sirs, In consideration of your discounting a bill for , drawn by A. B. upon C. D., dated , at months, I here- by guarantee the due payment of the same at maturity. Sirs, In consideration of your having agreed at 's re- quest to discount the promissory note of A. A., of , for the the sum of dollars, which promissory note bears date the and is payable months after the date thereof, at , I hereby guarantee and hold myself liable for the due payment AND LAWS OF TRADE. 373 thereof, in ease the said A. A. shall not pay the same, as fully and eiiectually as if I had become a party to, and indorsed the said promissory note. I am, etc. GUARANTEE FOR GOODS. To Mr. A, A.: Sir, We hereby undertake to pay for any goods which you may deliver to Mr. B. We are, etc., D. & Co. To Messrs. C. & Co.: , Sirs, I hereby guarantee the payment of any goods which you may deliver to Mr. M., from this date up to the 20th of March next, not exceeding in all the amount of dollars. I am, etc., D. D. To Mr. R. S.: In consideration of your stopping law proceedings against Mr, M. for the debt of dollars, which he owes to you, I hereby undertake to pay the amount on or before the next. I am, etc POWER OF ATTORNEY. A power of attorney is an instrument in writing whereby one person delegates to another authority to do any act for hinv with the same binding effect as though it were done by himself. Every person who has power in his own right to do any act, may delegate the power to do that act to any other person ; bu an attorney cannot substitute another in his place unless express authority is given him to do so. Every person intrusted with discretioneiy power in respect t the business of another, should perform the duties himself ; fo: generally speaking, he cannot give to another authority to exei cise those discretionary powers. The authority of an attorney ceases when withdrawn by hi* principal ; but when the attorney has an interest in the execu tion of the power, it is then irrevocable. I' I I'' 374 FOUNDATIONS OF SUCCESS tl The revocation of a power of attorney takes effect as to third persons from the time the;' have notice of it. Powers of attorney, to be used in a foreign countiy, should be acknowledged before a notary public, and the signature of the notary certified by the consul of the government to which the power of attorney is to be sent. A power of attorney to sell real estate should be registered in the registry' office of the county where such land is situate, at o before the time when the power is exercised. GENERAL POWER OF ATTORNEY. Know all Men by these Presents : That I, , of the ci , in the county of , and Province of Ontario, have made, constituted and appointed, and by these presents do make, con- stitute and appoint , of the same place, i^y true and lawful attorney for me, and in my name, place and stead, to [here insert the things which the attorney is to do], giving and gi'anting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done, in and about the premises, as fully, to all intents and purposes, as I might or could do if pei-sonally present, with full power of substitution and revocation, hereby ratifying and con- firming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. In witness whereof, I have hereunto set my hand and seal, this day of , one thousand eight hundred and . Signed, sealed and delivered ) C. D. A. B. [l. s.] in presence of i E. F. GENERAL CUSTOM-HOUSE POWER. Know all Men by these Presents : That I, of the of , in the county of and Province of , have made, constituted and appointed, and by these presents do make, constitute and AND LAWS OF TRADE. appoint, , of , my true and lawful attorney, for me and in my name, to receive and enter, at the custoni-liouse of the dis- trict of , any goods, wares or merchandise imported by me, or which may hereafter arrive, consigned to me, to sign my name, to seal and deliver for me, and as my act and deed, any bond or bonds which may be required by the collector of the said district for securing the duties on any such goods, wares or merchandise. Also, to sign my name to, seal and deliver for me, and as my act and deed, any bond or bonds requisite for obtaining the deben- ture on any goods, wares or merchandise when exported, and generally to transact all business at the said custom-house in which I am, or may hereafter be, interested or concerned, as fully as I could if personally present. And I hereby declare, that all bonds signed and executed by my said attorney shall be as obli- gatory on me as those signed by myself ; and this power shall remain in full force until revoked by written notice given to said collector. In witness v-hereoi, etc. [as in General Power of Attorney.] POWER TO SELL AND CONVEY REAL ESTATE. Know all Men by these Presents: That I, Wellington Harrison Richmond, of the city of Toronto, in the county of York, of the Province of , publisher, have made, constituted and appointed, and by these presents do make, constitute and appoint Horatio Otis, of the village of , in the county of , of the said Province, tinsmith, my true and lawful attorney, for me and in my name, place and stead, to enter into and take possession of all and singular, etc. [describe the land], and to grant, bargain and sell j same, or any part or parcel thereof, for such sum or price and on such terms as he shall think advisable, and for my bencnt, and for me and in my name to make, execute and deliver good and sufficient deeds and conveyances for the same, with the usual covenants and warranty; And until the sale 37G *rOUNDATIONS OF SUCCESS \\ thereof, my attorney is hereby authorized to lease the said real estate, on the most advantageous terms; and ask, demand, dis- train for, collect, recover and receive all moneys or sums of money which shall become due and owing to me by means of such bargain and sale, or lease ; giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to bo done in and about the premises as fully, to all intents and pur- poses, as I might or could do if personally present ; with full power of substitution and revocation, hereby ratifying and con- firming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. In witness whereof, I have hereunto s«. my hand and affixed my seal, this day of , in the year of our Lord one thou- sand eight hundred and Wellington H. Richmond, [l. s.] Signed, sealed and delivered, in presence of } POWER OF ATTORNEY TO TRANSFER STOCK. Know all Men by these Presents : That I, , county of , have made, ordained, nominated, constituted and appointed, and by these presents do make, ordain, nominate, constitute and appoint, my true and lawful attorney, for me, and in my name, place and stead, to assign, transfer and make over to , of , shares of stock held by me in the , upon which per cent, is paid, hereby ratifying all and whatsoever my said attorney may lawfully do by virtue of these presents. In witness whereof, I have hereunto set my hand and seal, at , this day of one thousand eight hundred and Signed, sealed and delivere \ in presence of j AND LAWS OF TRADft 377 mOXY, OR POWER, TO VOTE AT ELECTIO^J OF DIRECTORS. Know all Men by these Presents : That 1, , of the , of , in the county of anl Province of , do horehy con- stitute and appoint . of the , my true and lawful attorney and agent, for me, and in my name, place and stead, to vote aa my proxy at any election of directors of the , according to the number of votes I should bo entitled to vote if then person- ally present. In witness whereof, etc. [as in General Power of Attorney.] POWER TO RECEIVE DIVIDENDS. Hoase pay A. B. all dividends due on ail shares in your coi*po- ration standing in my name. To Cashier of Bank. C. D. London, Jan. 1, 187 . SUBSTITUTION TO BE INDORSED ON THE POWER OF ATTORNEY.* Know all Men by these Presents : That I, of the of , in the county of and Province of , by virtue of the authority to me given by the within power of attorney, do substitute , of the of , in the county of , and Province of , as attorney in my stead, to do, perform and execute every act and thing wliich I might or could do by virtue of the within power of attorney, hereby ratifying and confirming all that the said substitute may do in the premises by virtue hereof and of the within power of attorney. In witness whereof, etc. [as in General Power of Attorney.] • This power of substitution can only be used when the attorney has had the right expressly granted to him in his appointment by the principal. ¥ 378 FOUNDATIONS OF SUCCESS REVOCATION OF POWER OF ATTORNEY. Know all Men by these Presents : That I, A. B., of tho of , in the county of and Province of Ontario (occupation), for divers good causes and considerations, me hereby especially moving, do by these presents revoke, countermand, annul and make void a cert ^ in power of attorney under my hand and seal bearing date the day of , A. D. 187 , to C. ., of tho of in the county of , and Province of Ontario (occupption), given, delivered and executed, and all powers and authorities whatsoever therein expressed and delegated. In witness whereof, [as above.] Signed, scaled and delivered ) A. B. [l. s.] in the presence of 3 RELEASE. A release of a contract under seal must be by an instrument under seal. A simple contract before breach can be rescinded or released by an instrument not under seal at any time before a breach of it. But a right of action for the breach of a contiact, either under seal or without a seal, can only be validly ami bind- ingly released by a sealed instrument. Such a release does not require a consideration. A release of one of several co-creditors of their common debtor, as a rule binds the other co-creditors, though ni)t a party to such release. FORM OF RELEASE. Know all Men by these Presents : That I, , of the city of , in the county of , and Province of , in consideration o£ dollars to me in hand paid by , of , have released and forever discharged, and hereby, for myself, my heirs, execu- tors and administrators, do release and forever discha^'ge the said , his heirs, executors and administratoi-s, from all claim, demand and cause of action which I now have or may hereafter AND LAWS OF TIUDfi. Ot J have afjainst the said by reason of any contract which ho may have entered into with me for the purehaso of . In witness whereof, etc. (as in Release of all Demands.) RELEASE OF ALL DEMANDS. Know all Men l>y these Presents : That I, A. B., of the of , for and in consideration of the sum of dollars to me in hand paid by C. D., of , have remised, released and forever discharged, and by these presents do, for myself, my heirs, exec- utoi-s, administrators and assigns, remise, release and forever discharge, the said 0. D., his heirs, exccutoi"s and administratoi-s of and from all and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, claims and demands whatsoever, in law or in equity, which I ever had or now have, or which I or my heirs, executors, administrators or assigns hereafter can, shall or may have by reason >ji any matter, cause or thing whatsoever, from the beginning of the world to the date of these present. In witness whereof, I have hereunto put my hand and seal, this day of , one thousand eight hundred and In presence of L. M. A. B. [l. s.] THE LAW OF REPLEVIN. Any pereon whose goods, chattels, deeds, lands, debentures, promissory notes, bills of exchange, books of account, papera, writings, valuable securities or other personal property or effects have been wrongfully distrained, or where the original coming into possession of such goods, chattels, etc., was rightful but they are wrongfully detained, the person complaining of such wrongful distraint or detention may obtain a judge's order for the issue of a Writ of Replevin, which order shall be made upon the affidavit of the owner of the goods distrained or detained, or the person entitled to the possession thereof, or some other pei-son having a !" \ V H ' 1 H ^ M ' : !I i !i ? 1 f 380 FOUNDATIONS OF SUCCESS knowledge of tlio circumstances showipg the wrongful taking or detention, the value and description of the goods, that the person claiming is the owner or person entitled to the possession thereof. A writ of replevin may issue without a judge's order, upon an affidavit of the claimant or some other person, setting foiih that the claimant is the owner or that he is lawfully entitled to the possession, the value of such property as near as may be, a description of the property, that it was wrongfully or fraudu- lently taken out of his possession within two calendar months next before the date of the affidavit, and that he believes and is advised that the claimant is entitled to an order for the writ, but that there is good reason to apprehend that unless the writ is issued without waiting for such order the delay would matcri- f.liy prejudice the rights of the claimant in respect to such prop- erty. In case the property was distrained for rent or damage feasant, the writ may issue without a judge's order if the affidavit states in addition to the ownership or right to the possession the value and description of the property, that it was distrained and taken under a color of a distress for rent or damage feasant; and in such last mentioned case the writ shall state that the defendant has taken and unjustly detains the property under color of a distress for rent or damage feasant, as the case may be. If the writ issues without a judge's order (except for goods taken under color of distress or damage feasant), the Sheriff shall take and detain the property, and shall not deliver it to the claimant without a judge's order or rule of the Court; and unless the claimant obtains such rule or order and serves it upon the Sheriff, the Sheriff may, within fourteen days from the taking of the goods, re-deliver the same to the defendant. Before the Sheriff acts upon any writ of replevin, he shall take a bond in treble the amount of the property from the claimant, to the effect that he will prosecute his suit with effect and without delay against the defendant^ that he will make a return of the property if a return is adjudged; that he will pay such damages to the defendant as AND LAWS OF TRADE. 381 ho may sustain liy reason of the issue of the "AiJi ji replevin, if he, the claimant, fails to recover judgment; and that he will kfop and perform all the rules and ordei-s made by the Court in the suit. If the value of the gooils or other property or effects dis- trained, taken or detained, does not exceed the sum of iStO, the writ may issue from the Division Court of the division wherein the defendant or one of them resides or can-ies on business, or where the goods have been distrained, taken or detained; and if the value of such goods does not exceed the sum of $200, and the title to land be not brought in question, the writ may issue from the County Court of the county wherein such goods were distrained, taken or detained. A copy of the writ must be served on the defendant, or, if he cannot be found, left at his usual or last place of abode with some member of his household being a gi'own person, or with an inmate of the house wherein he resided as aforesaiJ, by the Sheriir, but not until he shall have replevied the property, or so much thereof as he can. WILLS. A will is defined to be "the legal declaration of a man's inten- tions which he wills to be performed after his death.* All wills must be in writing, with the single exception of wills of personal estate made by soldiers in actual military service or any mariner or seaman being at sea, such persons can make a will of personal property by word of mouth, and such a will is termed a noncupative will. A will must be signed by the testator in the presence of two witnesses at the foot or end of the will, or if the testator be unable from any cause to sign the will liimsclf, it may be done by some other person, but in the presence of the testator and by his direction. The signature must be acknowledged by the testator in the presence of the witnesses, who muat both be * Dlackstunu's Comm : 499. ■i »82 FOUNDATIONS OF SUCCESS present at such acknowledgment, and the witnesses shall attest and subscribe their names to the will in the. presence of the testator and in the presence of each other. An idiot or person of unsound mind cannot make a will. A lunatic may make a will during a lucid interval. An infant or person under the age of twenty-one years cannot do so. A per- son whose reason and judgment are overwhelmed by the use of intoxicating liquors cannot, when in such a condition, make a will. A will which is made under fear of bodily injury or of impris- onment or of loss of or injury to the goods of the person making such will is void. If a gift is made by a will to a person or to tlie husband or wife of a person who is one of the attesting wit- nesses to the will the gift is void. A will is revoked by the n) a triage of the person making it. A will speaks from the death of the testator. Where two or more wills are found on the ith of the testator, the one which is last made revokes' those prior in date, although such last will does not contain any words of revocation. WILL GIVING TO ONE PERSON ALL THE TES- TATOR'S REAL AND PERSONAL ESTATE. This is the Last Will and Testament of me, A. B., of the of , in the County of and Province of Ontario, [occupa- tion]. I devise and bequeat;i all the real and personal estate to which I shall die in any wise entitled unto C. D., of the of , in the County of and Province aforesaid, [occupation] absolutely ; and I appoint the said C. D. sole executor of this my will, hereby revoking all former and other wills, codicils or testa- mentary writings heretofore by me at any time made. Jn witness whereof, I, the testator, have hereunto set my hand, \ND LAWS OF TRADE. 383 y f.his day of , in the year of our Lord one thousand, eight hundred and Signed, published and declared by the "^ A. B. testator as and for his last will and testament in the presence of us, who in his presence, at his request, and the presence of each other, have hereunto subscribed our names as witnesses E. F. G. H. ANOTHER FORM OF WILL. This is the last "Will and Testament of mc, William Stearaley, of the city of Toronto, in the county of York and Province of Ontario, merchant. My will is, first; that my just debts and funeral expenses be paid by my oxecutors hereinafter named, and the residue and remainder of my real and personal property which shall not be required for such purpose, 1 give, devise and dispose thereof as follows, to wit: I give and devise to my beloved wife, Susan Sharp Steamley, all my household fui-piture, my pew in the St. George's Church, and the sum of one thousand five hundred dollars in cash, to be paid her in four months after my decease, by my executor here- inafter named, to have and to hold to her and her heirs, exe- cutoi's and administrators, to her and their use and behoof forever. I do also bequeath to the said S. S. S., my beloved wife, the entire, exclusive and undivided use of my dwelling house, situ- ated in Richmond Square in the city of Toronto, where I now reside, to have and to hold the same for and during her natural life; "hen the proceeds of said dwelling house are to be equally divided between my son and daughter, hereinafter named. I give and bequeath to my daughter, Amelia Stearnley, the sum of seven hundred and fiftv dollars, to be paid to her by my exe- '•1 '11 f I 1 3S4 FOUlfDATIONS OF SUCCESS cutor hereinafter named, within 'x months after my decease (or when she becomes of the age oi twenty-one years; this pro- viso is necessary if she or he, as the fact may be, is not of age), to have and to hold the ^ame to her and her heirs, executors administrators and assigns, to ter and their use and behoof forever. I give and bequeath to James Hale, son of my friend L. Hale, of St. Johns, N, B., in token of my friendship for him, seventy- five dollars, to be paid to him by my executor hereinafter named, within one year after my decease, to have and to hold the same to him, the said J. H., his heirs, executors, administrators and assigns, to his and their use forever. I give, devise and bequeath all the rest and residue of my estate, real, personal and mixed, of which I sliall be seized and possessed, or to which I shall be entitled at the time of my decease, to my only son, Harrison Stearniey, to have and to hold the same to him and to his heirs, executors, administrators and assigns, to his and their use and behoof forever. And I do nominate and appoint my said son, H. S., to be the sole executor of this my last will and testament. In testimony whereof, I, the testator, have hereunto set my hand, this ninth day of June, in the year of our Lord one thou- sand ei^ht hundred and seventy- WlLLIAM StEARNLEX. Signed, published and declared by the said W. S., to be his last will and testament, in the presence of us, who, in his presence, at his request and in the presence of each other, have hereunto subscribed our names. Lewis Richards, Thomas H. Jones. ■^ > m. AND LAWS OF TRADE. 385 PUIICHASING A HOUSE. Few men will venture to purchase property by private con- tract, without first making themselves acquainted with the locality, and employing an attorney to examine the title ; but many do walk into an auction room and bid for a property upon the mere representations of the auctioneer. But few persons trouble themselves about the conditions of sale, which are very frequently drawn up with much caution in favor of the vendor, and, in very many cases, with an evident intention to relieve him of his proper burthen of the expenses of making out his own title. The conditions, whatever they may be, will bind the pur- chaser. The contract is not complete until the agreement is signed. In any such transaction, few can look only at the written or printed particulars ; any verbal statement of the auctioneer, made at the time of sale, cannot contradict them, and they are supplemented by the agreement which the auction- eer calls on the purchaser to sign after the sale. You should sign no such contract, without leaving a duplicate of it, signed by the auctioneer, and delivered to you. It is, perhaps, unneces- sary to add, that no trustee or assignee can purchase property for himst'lf included in the trust, even at auction ; nor is it safe to pay the purchase money to an agent of the vendor, unless he gives a written authority to the agent to receive it, besides hand- ing over the requisite deeds and receipts. Circumstances strong enough to vitiate a purchase which has been reduced to a written contract are — first, proof of fraudu- lent representations as (>; an incund^rance of which the buyer was ignorant, or a deiect in the title ; secondly, a mistake of some importance in the description. But every circumstance which the purchaser might have learned by careful investiga- tion, the law presumes he did know. Interest on a purcha.se is due i'rom the day fixed upon for com- pleting. Where it cannot be completed; the loss rests with the SSG FOUNDATIONS OF SUCCESS party with whom the de\y reots ; but it appoair., when the delay rests with tlie seller, and the moDoj- is lying idle, notice of that is to be given to the seller, to make him liable to the loss of interest. If the purchaser make any profit whatever from his unpaid purchase money, he cannot claim exemption from the payment of interest, although the delay in completing may be through the default of the vendor. In law, the property belongs to the purchaser from the day of the contract ; he is entitled to any benefit, and must bear any loss ; the seller may suflfer the insurance to cease without giving notice, and, should a tire take place, the loss falls on the buyer. In agieeing to buy a house, therefore, provide at the same time for its insurance. Common fixtures pass with the house, where nothing is said in regard to them. There are some well -recognized laws, of what may be called good neighborhoods, which affect all properties. If you purchase a field or house, the seller retaining another field between yours and the highway, he must, of necessity, grant you a right-of-way. Where the owner of more than one house sells one of them, the purchaser is entitled to benefit by all drains leading from his house into other drains, and will be subject to all necessary drains leading fr. i his ^louse into other drains, and will be sub- ject to all necessary drains for the adjoining houses, although there are no express reservations as to drains. Thus, if his happen^ to be a leading drain, other necessary drains may be opened into it. In purchasing land for building on, you should expressly reserve a right to make an opening into any sewer or water-course on the vendor's land for drainage purpose. Among the cautions which purchasers of houses or lands saould keep in view is a not inconsiderable array of constructive notices, which are equally binding with actual ones. Notice to your attorney or agent is notice to you ; and when the same solicitor or lawyer is employed by both parties, and he is aware AND LAWS OF '^.RIDE. ^s: ff'. of on Incnm hr^nce of which you are ignorant, you are bound hy it. Even where the vendor is guilty of a fraud to which your agent is privy, you are responsible, and cannot be released from the consequences, although you would be able to substantiate a claim against him in either of the cases mentioned. LIEN LAW OF MECHANICS, LABORERS AND OTHERS. ^i.ny mechanic, machinist, builder, miner, labor*»r or other per- son who does work upon or furnishes materials tc be used in constructing, altering or repairing any building or erection, or furnishing, erecting or placing any machinery in or upon or in connection with any building, or erection, or mine, shall have a lien for the price of such work, materials or machinery or for so much of such price as is fully due him, which lien shall attach upon such building, erection or mine, and the lands occupied thereby, provided the person claiming the benefit of such lien sh.ill, before the expiration of 30 days from the completion of such work, or the furnishing of such material, or the placing or erecting of such machinery, have commenced proceedings for the recovery of such price, and a certificate of lis pendens, regis- tered in the Registry Office of the county in which the premi- ses are situate, together with a certificate (according to the form given hereafter) of his claim, which must be verified by the affi- davit of the person claiming such lien. The affidavit of such verification must state the name and residence of the claimant and of the owner of the property to be charged, and of the person for whom and upon whose credit the work was done, or materials or machinery furnished, and the time within which the same was or was to be done or furnished, the work done or materials or machineiy furnished, the sum claimed to be due or to become due therefor, and the description of the land to be charged. Vt' !l I? 888 FOUNDATIONS OF SUCCESSi if the price of such labor, materials or machinery is clue to a sub-contractor, the lien shall only attach to the extent of the amount due to the contractor or employer of such sub-contractor. All payments made in good faith by the owner to the contrac- tor or by the contractor to a sub-contractor, or by one sub-con- tractor to another, before they have received notice in writing from the person claiming such lien of his claim, shall bo a good payment, but any payment made by an owner, contractor or sub- contractor after he shall have received such notice is not a good payment as between the person who makes it and the person claiming such lien. During the continuance of any such lien, none of the prop- erty affected by it shall be removed, and if their removal is at- tempted, such removal may be restrained by application to the County Court Jydge, where the lien is under $200, and to the Court of Chancery where the lien is over $200. CERTIFICATE OF CLAIM. A. B., of , under "The Mechanics Lien Act of 1873," and the amendments thereof, claims a lien upon the estate or inter- est of G. D., of , in respect of the following work (or ma- terials), that is to say: (here give the work done or materials furnished), which work was done for the said C. D. on or before the day of A. D. 187 . The amount claimed as duo or to become due is the sum of dollars. The description of the land to be charged is the following (describe the land). Dated at this day of A. D. 18 , AUCTIONS AND AUCTIONEERS. An auctioneer is a person who is authorized to sell goods or merchandise at public auction or sale for a recompense, or, (as it is commonly called) a coiiimissioxi. He cannot buy — he can only sell Primarily, he is deemed the a^ont of the seller of the mm AND LAWS OF TRADE. 389 it iy goods only ; but for cortuiii purposes he is also deemed to be the agent of both buyer and sellci". Thus, by knocking down the goods sold to the person who i.i the highest bidder, and inserting his name in his book or memorandum, he is considered as the agent of both parties, and the memorandum so made by him will bind both parties, as being a memorandum sufficiently signed by an agent of both parties within the statute of Frauds before re- ferred to. Before the knocking down of the goods, he is, indeed, exclusively the agent of the seller ; but after the knocking down, he becomes also the agent of the purchaser, and the latter i^ presumed to give him authority to write down his name as pur- chaser. An auctioneer has also a special property in the goods sold by him, and a lien on the same and the proceeds thereof, for his commissions ; and he may sue the purchaser at the sale in his own name, as well as the name of his principal. An auctioneer can sell only for ready money, unless there be some usage of trade to sell on credit, or unless the terms of sale are on credit. Auction sales should be conducted with rigid fairness, and due notice of the sale ought to be given. Every bona fide bid should be accepted. Before proceeding to sell, the conditions of sale ou^^ht to be read or announced. Usually these conditions are writocn or printed; but the verbal declarations of the auctioneer at the sale, where they do not contradict the written conditions, are binding. Although the entry by the auctioneer in his book is a sufficient memorandum to bind both seller and buyer, yet in every sale of land it is usual to have agreements of sale and purchase signed by auctioneer and purchaser. Forms of such agreements, and ordinary condition of sale, are subjoined, MEMORANDUM TO BE SIGNED BY AN AUCTIONEER AFTER A SALE OF LAND. I hereby acknowledge that A. B. has been this day declared Yy 390 FOUNDATIONS OF SUCCESS by rae the highest bidder, and purchaser of [describe the land] at the sum of $ , [or at the sum of S per acre or foot] and that he has paid into my hands the sum of $ as a deposit, and in part payment of the purchase rionoy mkA \ hereby agree that the vendor, C. D., shall in all respects fulfil the conditions of sale hereto annexed. Witness my hand, the day of , 18 . J. S., Auctioneer. MEMORANDUM TO BE SIGNED BY PURCHASER. I hereby acknowledge that T have this day purchased at pub- lic auction all that [describe the land], for the sum of $ , [or for the price of $ per acre or- foot], and have paid into the hands of J, S., the auctioneer, the sum of $ as a de- posit, and in part payment of the said purchase money; and I hereby agree to pay the remaining sum of $ unto C. D., the vendor, at , on or before the day of , and in all other respects on my part to fulfil the annexed conditions of sale Witness my hand, this day of , 18 . A. B. CONDITIONS OF SALE OF GOODS. 1. Thi; highest bidder to be the purchaser ; and, if any dia- put'j shall arise as to the last or highest bidder, the property shall be immediately put up again at the former bidding. 2. No person to advance less than $ at a bidding. 3. The purchasers to give in their names, and places of lesi- dence (if required), and pay down a deposit of per cent, in part payment of purclu'io6 money; in default of whicli, the lot or lots so purchased wil. be iinuiediately put up again and re-sold. 4. The lots to be idkeii avv ay at the buyer's expense, within three days after, and tho remainder of the purchase money to be paid on or before delivery. AND LAWS OF TRADE. 301 6. Upon fnilurc of complying with there conditions, the de- posit money shall be forfeited ; and all lots uncleared within the time aforesaid shall be resold by public auction or private sale, and the deficiency, if any, on such re-sale shall be made good by llse defaulter. CONDITIONS OF SALE OF LAND. 1. The liighest bidder shall bo declared the purchaser; and, if any dispute shall arise as to the last or best bidder, the propeity shall be innncfliately put up again at the former bidding. 2. No perso.i shall advance at any one bidding less than S , or retract his c ' her bidding; and the vendors, by them- selves o) their agent, sht 1 be at liberty to bid at once for the property. 3. The purchaser shall pay, immediately after the sale, to the vendor's solicitor, a deposit of per cent, in part of the pur- chase money, and sign an agreement for the payment of the re- mainder on or before the day of , 18 . The premi- ses will be sold subject to all defects or imperfections of title subsisting before the commencement of the title of the present vendors, and not occasioned by any act done by them or any per- . )n claiming under or in trust for them, and subject also to the several mortgages outstanding appearing on the certificate of the registrar of the County of , which will be produced at the time of sale. 4. The purchaser shall accept a conveyance from the vendors, to be prepared, at his own expense, on payment of the remain- der of the purchase money; and possession will be given on completion of the purchase, from which time the purchaser shall be entitled to the rents and profits. But if, from any cause, the remainder of the purchase money shall not be paid on the day of , 18 , the purchaser shall pay interest for the samo at the rate of per cent, from that day to the day of payment • 392 FOUNDATIONS or SUCCF' 1 '.t, nevertheless, this stipulation is without prejudice to tbo vendor's right of. re-.sale undisr the last of these conditions. 6. If any mistake be made in the description of the property, or there be any other error in the particulars of sale, the same shall not annul the sale, but a compensation or e(juivalent shall be given, or taken as the case may require, according to the aver- ago of the whole purchase money (on such error or misstatement being proved) ; such compensation or equivalent to be settled by two referees or their innpire — one referee to be chosen by each party, within ten days after notice given of the error, and tho umpire to be chosen by the referees immc iiately after their ap- pointment. C. The purchaser shall not be entitled to the production of any title deeds other than such as are in the vendor's hands, or in the hands of the several morgagees. 7. Lastly, upon failure of complying with the above condi- tions, the deposit shall be foi-feittd, and the vendor shall be at full liberty (with or without notice) to re-sell the property by public auction or private sale ; and if, on such i c-sale, there should be ai y deficiency, the purchaser shall make good such deficiency to the vendor, and all expenses attending such re-sale ; the same to be recoverable as li([uidated damages. [Note. — Special conditions may be necessary to meet particu- lar cases ; but the above conditions will meet ordinary cases. Except in very plain and simple cases, the services of a profes- sional man should be procured.] CONDITIONS OF SALE OF THE COURT OF CHANCERY. 1. No person shall advance less than $10 at any bidding under $500 ; not less than $20 at any bidding over $500 ; and no person shall retract his bidding. 2. The highest bidder shall be the purchaser; and, if any dispute arise as to the last or highest bidder, the property shall be put up at a former biddinij. AND LAWS OV TRADE. S93 I'. 3. The parties to the suit, with Ihe cjocaption of tlje vendor, and (naming any parties, trustees, agents, or others, in a fidu- ciary situaLiou) are to be at liberty to bid. 4. The purchaser sliall, at the time of sale, pay down a de- posit in the proportion of SlO for every $100 of his purchase money to the vendor or his solicitors, and shall pay the ruuminder of the purchase money on the day of next, and upon such paynumt the purchaser shall be entitled to the conveyance, and be let into possession. The purchaser at the time of such sale to sign an agreement for the completion of the purchase. 6. The purchaser shall have the conveyance prepared at his own expense, u id tender the same for execution. G. If the purchaser shall fail to comply with the conditions aforesaid, or any of them, the deposit and all other payments made thereon shall be forfeited, and the premises may be re-sold, and the deficiency, if any, by such re-sale, together with all charges attending the same, or occasioned by tLe defaulter, shall bo made good by the defaulter. MASTER AND SERVANT. The relation of master and servant is so extensive, entering into all the walks of life, that this work would be incomplete without an article devoted to the subject. In order to constitute a contract of hiring and service, the contract creating the relation of master and servant, there must be either an express or an implied mutual engagement, binding one p' / to employ and remunerate, and the other to serve, or some determinate term or period. If the employer merely agi'ees to pay so long as the servant continues to serve, leaving it optional either with the servant to serve, or with the employer to employ, there i.' no contract of luring and service ; but if the servant binds himself to serve for some determinate term, and the employer, expressly or impliedly, agrees or promises to retain ' i i 394 FOUNDATIONS OF SUCCESS J! II the servant in his service for the term, there is a contract of hinng and service. A contract of hiring and service need not be authenticated by wi'iting unless the hiring exceeds a year in duraMon. The Mas- ter and Servant Act (Con. Stat. U. C, c. 75, s. 3) provides that a " verbal agreement shall not exceed the term of one year." In the absence of an express contract between the parties, a hiring may be presumed f i om the mere fact of the service, unless the service has been with near relations. If a man, for exa' pie, serves a stranger in the capacity of a clerk, or of a domestic ser- vant, or farm-servant, for a continued period, the law presumes that the service has been rendered in fulfilment of a contract of hiring and service; and if the party has served without anything being said as to wages, the law presumes that the parties agreed for customary and reasonable wages. But if the service has been with a parent or uncle, or other near relation, of the party sei*ving, a hiring cannot be implied or presumed from it, but an express hiring must be proved in order to support a claim for wages ; for the law regards services rendered by near relations to one another as gratuitous acts of kindness and charity, and does not presume that they are to be paid for r'^less there is an express agreement to that effect. When the employment of a servant is of a permanent nature, and annual wages are to be paid, the hiring is in all cases a yearly hirinsr; and when the servant is not a household or domestic ser- vant, the hiring cannot bu put an end to by either party without the consent of the other, before the termination of the current year. A general hiring of household or domestic servants, where no time is mentioned for the duration of the service, is a hiring for a year, and so on from year to year, determinable by custom and usage, at the option of either of the parties, on giving a month's warning or tendering a month's wages. When wages are to be paid weekly, and there is nothing in the original con- ■^\ AND LAWS OF TRADE. 395 tract importing a different agreement the hiring is»a weekly hiring, and may be terminated by a week's warning oi a week's "wages. It IS the first duty of the master, after the contract of hiring and service has been entered into, to take the servant into his emy•^;»y, and enable him to earn the hire or reward agreed to be pai '. and if he neglects so to do, he renders himself liable forth- with to an action for a breach of contract. Every servant, on the other hand, impliedly undertakes to obey the just and rea- sonable commands of the master, and to be careful, diligent and industrious in the performance of the work intrusted to him to execute. He is not bound to fulfil the unjust and unreasonable commands of a hard taskmaster, nor to perform work and ser- vices not fairly coming within the scope of his employment. If a person wilfully disobeys or habitually neglects the just and reasonable orders of the masler, if he absents himself repeat- edly from the service, or refuses to perform his work or to sub- mit to the domestic regulations of the house, or is guilty of gross moral misconduct, the contract may bo dissolved by the master, and the servant dismissed. If a household servant hired for a year or any portion of a year is hurt or disabled or falls sick whilst doing his master's business, the master is not entitled to make any deduction from the agreed wages for the time that the servant was incapacitated for the performance of his ordinary work. And if after having taken the servant in his service he improperly dismisses him, or prevents him by a continued system of persecution from contin- uing in his service, he is bound to make compensation to the servant for all the damages sustained by the latter ; for the law implies, from a pei'son who contracts to pay a salary for services for a certain term, a contract to permit those services to be per- formed. When the employer exercises some trade, craft or mystery, ■I i i 396 FOUNDATIONS OF SUCCESS and it is made part of the agreement that he shall teach as well as employ, and remunerate the servant for .fbme specific period in return for the service rendered, the contract amounts to an (•■nprenticcsldp. Contracts of apprenticeship, being usually for more than one year, lequire to be in writing. An indenture of apprenticeship is sufficiently executed by the apprentice desiring a by-stander to write his name opposite the seal, and by his then takin<>: the deed and delivering it to his master. As the cont? ct of apprenticeship is invariably created by deed, the liabilities i-esulting therefrom will depend upon the terms and covenants of Justice or Justices of the Peace who shall receive the complaint shall be bound to decide the matter in acco dance with the provisions of the act respecting master and servant, and as though the agree- ment between the parties still sub isted — proceedings, however, must be taken within one month after the engagement has ceased. When any dispute comes before a magif-trate, he must, if he takes the complainant's evidence, al ;■> take the defendant's evi- dence if it is tendered. zz ^m m n ij 398 FOUNDATIONS OF SUCCESS Any person -who tl iks himself pggrieved by rny swch con- viction, ' order for payment of wages, may appeal to the Gene- ral Sessions against such conviction or order. The act respecting apprentices and minors provides that where a minor (that is, a person under twenty-one years of age) over the age of sixteen, who has no parent or legal guardian, or who does not reside with such parent or guardian, enters into an engagement written or verbal, to perform any service or work, such minor shall be liable upon the same, and shall have the benefit thereof in the same manner as if of legal age. A parent or other person having the care or charge of a minor rot under the age of fourteen years may, with consent of the n.inor, put and bind him as an apprentice, by indenture, to any master-mechanic, farmer, or other person carrying on a trade or calling, until such minor attains twenty-one. When tiio father of an infant child abandons and' leaves the child with the mother, the mother, with the approbation of two Justices of the Peace, may bind thu child as an apprentice until the child attains twenty-one years if a male, or eighteen if a female. The mother and the Justices must sign the indenture. No child fourteen years old or upwards is to be so apprenticed without his or her consent. The Mayor or Police Magistrate of any city or town, and in a county, the Chairman of and at the General Sessions may appren- tice orphan children and children whc have been deserted by their parents, or whose parents have been committed to jail. If the master of an apprentice dies, the apprentice, by opera- tion of law, and without any new writings, becomes transferred t ) the person, if any, who continues the master's business. A master may transfer his apprentice to any person who is competent to receive or take an apprentice, and who carries on the same kind of business. Every master must provide to his apprentice suitable board, lil^ ^m AND L.VWS OF TRADE. 399 lodging and clothing, or such equivalent therefor as is mentioned in the indenture, and must also properly teach and instruct him, or cause him to Le taught and instructed, in his trade or calling. Every apprentice must faithfully serve his master, obey all his lawful commands, and not absent himself from his service, d y or night, without consent. A master convicted before any Justice, Mayor or Police Magis- trate, on the complaint of the apprentice, of any ill usage, cruelty or refusal of necessary provisions, is liable to a fine not exceeding twenty dollars and costs, and to imprisonment in default for a term not exceeding one month. An apprentice convicted of refusal to obey lawful commands, or of waste or damage to property, or of any other improper conduct, may be imprisoned for a term not exceeding one month. An apprentice absenting himself before the time of service expires, may be compelled to make good the loss by longer ser- vice or pecuniary satisfaction; and if he refuses or neglects to do so, may be committed to jail for a term not exceeding three months; but the master must proceed to enforce such service or satisfaction within three years after the expiration of the term for which the apprentice contracted to serve. Persons harboring or employing an absconding apprentice are liable to pay the master the full value of the apprentice's labor. The apprenticeship indentures may be cancelled if the appren- tice becomes insane, or be convicted of felony, or be sentenced to the Provincial Penetcntiary, or abscond. The master must, within one month, give notice in writing to the other parties to the indenture of his intention to cancel the indentures, which notice must be served on the parties, or published in the Gazette, or in a local county or city newspaper. Masters or apprentices may appeal to the General Sessions a"-ainst any magistrate's decision. Ii* 400 FC JNDATIONS OF SUCCESS ! I: APPRENTICESHIP INDENTURE. This Indenture, made the day of , 18 , between W. J., of, etc., of the first part, H. J., his son, now the age of fifteen years, of the second part, and T. M., of, etc., printer, of the third part, witncsseth. That the said W. J., with the consent of his said son, H. J. (a minor now of the age of fifteen years or thereabouts"), testified by his being a party to and executing these presents, doth hereby put, place, bind and indent him, the said H. J., to the said T. M., to learn the art and trade of a printer, and with him, the said T. M., his executors, administrators and assigns, after the manner of an apprentice to dwell and serve from the day of the date hereof until the day of , 18 , being a period of years, when the said minor will arrive at the age of twenty-one years. ' ' And the said W. J. doth hereby, for himself, his heirs, exe- cutors and administrators, covenant, promise and agree, to and with the said T. M., his executors, administrators and assigns, that during the said term of years, the said H. J. shall well and faithfully serve the said T. M., his secrets keep and lawful commands at all times obey, and shall give and devote to him his whole time and labor; that he shall not marry during the said term, nor use ardent spirits, nor practice gaming or any other unlawful sports, nor waste, injure or destroy the property of his master, but conduct himself in a sober, temperate, honest manner, and as a good and faithful apprentice ought to do, dur- insr all the time aforesaid. . And the said T. M., for himself, his heirs, executoi": and admin- istrators, doth hereby covenant, piouiise and agree, to and with the said W. J., his executors and administrators 'hat he, the said T. M., his executors and administrators, shall and will teach and instruct, or cause to be taught and instructed, the said H. J. in the art, trade and mystery of a printer, and shall and will find and provide for the said apprentice sufiicieut meat, drink, apparel, m AND LAWS OF TRADE. 401 washing and lodging during tlic said term; and at the expiration thereof shall and will give his said apprentice two suits of apparel [any other special terms may be here inserted] ; and the said T. M. further agrees to pay to the said W. J,, father of the said H. J., the following sums of money, to wit: for the first year's ser- vice, twenty-five dollars; for the second year's service, seventy- five dollars; and for each and every subsequent year, until the completion of his term, one hundred dollars; which said pay- ments are to be made on the first day of May in each year. And for the true performance of all and singular the covenants and agreements hereinbefore contained, the said parties bind themselves each unto the other jointly by these presents. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed and delivered ^ W. J. [l. s.] H. J. in the presence of R. J. }■ [L. S.] T. M. [L. s.] INDENTURE OF APPRENTICESHIP FOR A GIRL TO LEARN HOUSEWORK, ETC. This Indenture, made the day of , 18 , Between M. F., of, &c., widow, of the first part, S. F., her daugliter, now of the age of fifteen years, of ae second part, and R. H., of the same place, farmer, of the third part, Witnesseth, that the said S. F., by and with the consent of the said M. F., her mother, testified by her execution of these presents, hath bound and put herself, and by these presents doth bind and put herself, appren- tice to the said R. H., with him to dwell and serve from the day of the date hereof until the full end of the term of six years next ensuing, fully to be completed and ended ; during which term the said S. F., her said master, faithfully shall and will serve in all lawful business, according tQ her power and ability, and honestly and obediently in all things demean and behave i" 402 FOUNDATIONS OF SUCCESS \ ■ ''.. herself toward her said master during the term aforesaid. And the said R. Ix. shall and will teach and instruct, or cause to be taught and instructed, the said apprentice in sewing, knit- ting and housewifery, the management of the diary, and all mat- ters connected with the calling o'' a farmer, properly to be taught to her the said apprentice, together with reading, writing and the other usual branches of a common school education ; and shall and will during the said term find, provide and allow her sufti- ent meat, drink, clothing, lodging, washing, and all other neces- saries and at the expiration of the term aforesaid shall and will give unto the said apprentice two suits of apparel In witness, etc. [conclude as in last form]. Signed, etc. T.J M. F. L. S.' S.F. L. S.' R.H. L. S/ ASSIGNMENT OF AN INDENTURE OF APPREN- TICESHIP. Know all Men by these Presents, That I, the within named T. M., by and with the consent of H. J., my within named appren- tice, and W. J., his father (or as the case may be), parties to the within indenture, testified by their signing and sealing these pres- ents, for divers good causes and consideration, have assigned and set over, and do hereby assign and set over, the within indenture and the said H. J., the apprentice within named, uiito J. T., of, etc., printer, his executors, administrators or assigns, for the resi- due of the within mentioned term, he and they performing all and singular the covenants therein contained on my part to be kept and performed. And I, the said H. J., do hereby covenant on my part, with the consent of my father, the said W. J., faithfully to serve the said J. T. as an apprentice for the residue of the tenn within men- tioned, and to perform toward him all and singular the covenants within mentioned on my part to be kept and performed. i 1: AND LAWS OF TRADE. 403 m lie lid its And I, the said J. T., for myself, my executors, administrators and assigns, do hereby covenant to perform all and singular the covenants within mentioned on the part of the said T. M, to be kept and performed toward the said apprentice. "Witness our hands and seals, this day of Signed, sealed, etc J. S. .18 t T. M. L. S.] H. J. [L. S.] W.J. [L. S.] J.T. [L. S.1 LINE FENCES. Owners of occupied adjoining land are bound to make, keep up and repair a first proportion of the fence which marks the boundary between them. If there is no fence they shall so make, keep up and repair the same proportion which is to mark such boundary ; and owners of unoccupied lands which adjoin occupied lands shall, upon their being occupied, be liable to the duty of keeping up and repairing such proportion. If a dispute arise as to the proportion of fence to be built, kept up or repaired by the owners of the adjoining lands, either owner may notify the other or the occupant of such land that he will, not less than one week from the service of such notice, cause three fence viewers of the locality to arbitrate en the matter, such owner must also notify the fence viewers not less than one week before their services will be required. The notices must be in writing and signed by the owner who gives sucli notice, and must specify the time and place of meeting for the arbitra- tion. The fence viewers shall examine the premises, and if required by cither owner hear evidence and examine witnesses upon oath, their award must be in writing and signed by at least two of the three. The award shall specify the locality, quantity, description and lowest cost of the fence to be made, and whether ^^! 404 FOUNDATIONS OF SUCCESS I I one or both of the parties are to pay the cosis of the arbitration. The award when inarlc must be deposited in the office of the Clerk of the council of the municipality in which the lands are situate, and notice of its being made must be given to all parties to it. The award may be registered in the Registry Office of the county in which the lands arc, in which case it will fonn a lien or charge upon such land. If the person notified of such intended arbitration is an occu- pant only and not the owner of the land, it is his duty to imme- diately notify the owner, and if he neglects to do so he will be liable for all damages caused to the owner by such neglect. The owner of a line fence which forms part of the fence which surrounds the occupied land of another person must give at least six months notice to the owner of the adjacent enclosure before he can move such line fence or any pail of it. The fence viewers are entitled to receive two dollars each for each day they are engaged in the award. NOTICE TO OPPOSITE PARTY. Take not.ce that Mr. , Mr. and Mr. , three fence viewers of this locality, will attend on the day of 187 , X'-, the hour of o'clock, to view and arbitrate upon the line fence in dispute between our properties, being lots and , in the concession of the township of , in the county of Dated this day of 187 . To CD. A. B. owner of lot. owner of lot. NOTICE TO FENCE VIEWERS. Take notice that I require you to attend at on the day of A. D. 187 , at o'clock, to view and arbitrate on 'I: AND LAWS OF TRADE. 405 m the line fence between my property and that of Mr. , being lots Nos. , and in the concession of the township of , in the county of Dated this day of , A.D. 187 . A.B. owner of lot. AWARD OF FENCE VIEWERS. We, the fence viewers of the locality, havinfj been nominated to view and arbitrate upon the line fence between lots Nos. and , in the concession of the township of , in the county of , by Mr. (name and description of the owner who testified), which fence is to be made and maintained between (describe the premises), and having examined the premises and duly acted according to the Ontario Line Fences Act, do award as follows, that part of the said line which, commences at and ends at (describe the points,) shall be fenced, and the fence maintained by the said (name of the party), and that part thereof which commences at and ends at (describe the points), shall be fenced, and the fence maintained by the said (name of party.) The fence shall be of the following description (state the kind of fence, height, material, &c.) and shall cost at least per rod. The work shall be commenced within days, and completed within days from this date, and the costs (of the award) shall be paid by (state by whom , if by both, in what proportion). Dated this day of , A.D. 187 . A. B. C. D. E. F. • Fence Viewers. WATER COURSES. Persons owning and occupying adjoining tracts of land which A 1 t 40G FOUNDATIONS OP SUCCESS '■ ■; i t i '■I in V would be benefited by making a ditch or drain, or by deepening or widening a ditch or drain already made in a natural water course, or by making, deepening or widening a ditch or drain for the purpose of taking off surplus water from swamps or low miry land in order to admit of the cultivation of the same, such several owners shall make, deepen or widen a just proportion of such ditch or drain according to their several interests in its construction, and such ditch or drain shall bo kept open, deepened or widened by the several owners iu proportion to their interests as aforesaid. In case of a dispute as to the proportion of such ditch cr drain which is to be opened, deepened or widened by the scvc: ;.] owners of the adjoining land, either owner may notify tlw owner of the adjoining land, or the occupant of the same, V''\t he will, not less than one week from such notice, cause three fence viewers to arbitrate on such proportions, the owner to notifying the other owner or occupant shall also notify the fence vievv'ers not less than one week before their services are required. The notices in both cases shall be in writing, signed by the per- son notifying, and shall specify the time and place of meeting for the arbitration, and may be served either personally or by leaving it at the place of abode of such owner or occupant with some grown up person residing thereat, or in case the owner is non-resident and there is no occupier, then with an agent of such owner. The owner notified may, within the week, object to all or any of the fence viewers, and in case of a disagreement the Judee of the county wherein the lands are situate shall decide on the fence viewers. The fence viewers shall examine the premises and if required by either party they shall hear evidence and examine the parties and their witnesses upon oath, and any one of the fence viewers is authorized to administer an oath or an affirmation as in courts of law. The award of the fence viewers shall be in writing and signed by any two of them, and shall specify the locality, quality, "T AND LAWS OF THADK. .0- description and costs of the ditoh or drain it orders to bo made, and tlic time within which it shall be done, the party by whom the costs of the award are to be paid, or whether both are to pay and their respective proportions. If the costs of such ditch or drain exceeds the estimate of the fence viewers, they may bo again notified in manner aforesaid, and they shel' attend, and if they see fit they shall make a supplementary awai'd respecting such cost, w- ich last award shall have the same eftect and may be dealt with in all respects as if it were part of the first award. The fence viewers ai'e authorized to emf)loy a Provincial Land Surveyor if they think it necessary to take levels, or to make a plan for the partici to follow in making such ditch or drain, or for other purposes. The award and any such plan sh ill be deposited in the office of the clerk of the municipality in which the lands are situate. If one of the parties to the award do not carry out its pro- visiuns the other party to the award may do the work and recover the cost of the same in any Division Court having jurisdiction in the locality. The Judge of such Division Couit may, on the application of either party, extend the time f( r making the drain or ditch. The award may be registered in the registry office of the county in which the lands are situate, it shall constitute a lien or charge upon such lands. The registration may be either in duplicate or by copy proved by affidavit of a witness to the original. In case any municipal corporation would be benefit e I by the construction of such ditch or drain, such corporation shall be in the same position as an individual owner. In case any person, during or after the constniction of the ditch or drain, desire to avail himself of the same for the purpose of draining other lands than those originally contemplated he avail himself oF the provisions of the Act* regulating this •38 Vic. chap. 26, Oat. Stat. m .V;J 'k ■i !ir I 408 FOUNDATIONS OF SUCCESS subject as if he were a party to tlie original proceed inga, but no person shall make use of the ditches or drains so constructed unless by agreement or award as aforesaid. An occupant not the owner of the lands receiving notice of an intended arbitra- tion must immediately notify the owner of the land he occupies, and if he neglect to do so he shall be liable to the owner for any damage such neglect may cause him. The fence viewers are entitled to receive two dollars for ever^ day they are employed in such arbitration or in proceedings con- nected therewith. Land surveyors when summoned as witnesses are entitled to four dollars per day, and other persons seventy- five cents per day. Any person dissatisfied with the award of the fence viewers may appeal to the Judge of the County Court of the county in which such lands are situated. Any agreement in writing respecting such ditch may be filed or registered and enforced as if it wero an award ot" the fence viewers. NOTICE TO OPPOSITE PARTY. Take notice that Mr. A, Mr. B. and Mr, C, three fence viewers o£ this locality, will attend on the day of A.D. 187 , at tlie hour of o'clock, to view our properties, being lots and , in the concession of the township of , in the county of and arbitrate respecting the ditch in dispute upon our s-r.lS . is. Dated this day of , A.D. 187 . To Thomas James, John Smith, owner of lot 2. owner of lot 1. NOTICE TO FENCE VIEWERS. Talie notice that T require you to attend at on the day of A.D. 187 , at o'clock, to view my property and that of Mr. Jones, being lots Nos. and , in the eon- AND LAWS OF TRADE. 409 cession of the township of , in the county of , and arbitrate on the ditch required on said lots. Dated this day of , A.D. 187 . John Smith, Owner of lot 1. AWAED. We, the fence viewers of the locality, having been nominated to view and arbitrate between John Smith and Thomas Jones upon a ditch required on the property of Thomas Jones, which ditch is to be made and maintained on said property and having examined the premises and duly acted according to the Act respecting ditching water courses, do award as follows : A ditch shall be nmde and maintained by the said Th'^mas Jones, com- mencing at (state point of commencement, then give course and point of ending). The ditch shall be of the following description (state kind of ditch, depth, width, &c.; if a plan has been made by a land Surveyor, describe course, kind of ditch, &c., by reference to the plan). The work shall be commenced within days, and completed within days from this date, and the costs shall bo paid by (state by whom to be made; and if by both, their respective proportions). Dated this day of , A.D. 187 . Witness. (Signature of Fence Viewers.) AGREEMENT. We, John Smith and Thomas Jones, owners respectively of lots Nos. and in the concession of the township of in the county of , do agree- that a ditch shall be made and maintained by us as follows (follow same form as in award j. Dated this day of , A.D. 187 . Witness. John Smith, • Thomas Jones. 410 FOUNDATIONS OF SUCCESS ^1 DIVISION COURTS. These courts have been established in every county in Ontario for the recovery of small debts. For the recovery of larger claims, the Superior Courts of Law and County Courts exist. The number of Division Courts varies in different counties; but there must never be less than three or more than twelve; and there must be one court in every city or county towE. They are presided over by the County Judge, or, in some large counties where junior judges have been appointed, by such junior judge. The authority of these courts is derived from the "Act respecting the Division Courts," Con. Stat. U. C, cap. 19, as amended by the several acts, 27 and 28 Vic, c. 27, and 29 Vic, c. 31, of the acts of the late Province of Canada; and the 32 Vic, c. 23, of the Statutes of Ontario. Courts are hulden once in every two months, or oftener, in the discretiuii of the judge, at such times and places within each division as the Judge may appoint. Division Courts may entertain, and take cognizance of, and determine in a summary way, 1st. All personal action, where the debt ^r damages claimed do not exceed $40; and 2nd. All claims and demctnds of debt, account or breach of con- tiact or covenant, or money deuiaud, whether payable in money or otherwise, where the amount or balance claimed does not exceed $100. These courts have no jurisdiction in the following cases: Ist. Actions for any gambling debt; or 2nd. For spirituous or malt liij[uors drunk in a tavern or ale- house; or 3rd. On notes of hand given wholly or partly in consideration thereof; or 4th Actions of ejectment, or actions in which the right or title to any corporeal or incorporeal hereditaments, or any toll, cus- tom or franchise comes in question; or AND LAWS OF TRADE. 411 v1 5th. In which the validity of any devise, hequcfc or limitation under any will or settlement may be disputed ; Gth. For malicious prosecution, libel, slander, criminal conver- sation, seduction or breach of promise of marriage; or 7th. Against a Justice of the Peace for any thing done by him in the execution of his office, if he objects thereto. Upon a contract for payment in labor or goods, or commodi- ties, or anything other than money, the Judge, after the day 1 as passed on which the goods or commodities ought to have been delivered, or the labor or other thing performed, may give judg- ment for the amount in money, as if the contract had been so originally expressed. , Minors, or persons under twenty-one years of age, may sue in a Division Court for wages not exceeding $100. A claim will not be allowed to be divided into two or more parts, so as to bring it within the jurisdiction of a Division Couil ; nor can any sum greater than $100 be recovered in an action on an unsettled account. Where the unsettled account in the whole exceeds $200, no action can be brought in these courts. Formerly, judgments of the Division Court were thought to be good for six years only; but under the last of the acts above referred to, they are declared to have the same force and effect as judgments of Courts of Record. They are good, therefore, for twenty years. Ordinarily, a suit must be entered and tried in the Court of the division where the cause of action arose, — that is, where tl e debt was contracted — or in that where the defendant resides; but under the act of 18G4, a suit may be entered in the Court nearest to the defendant's residence, irrespective of the place where the cause of action arose. By leave of the Judge before whom the action is to be tried, a suit may be entered at the court of the division adjacent to that in which the defendant resides, IS s i i 412 FOUNDATIONS OF SUCCESS if the Judge be satisfied on oath or by affidavit, that it will be more convenient for the parties. The first process in the Division Court is a summons. Sum- monses are of two kinds, ordinary and special. The former may be used in every case; the latter can only be used Avhere the action is for a debt or money demand, and where the particulars of the plaintiflf's claim are given with reasonable certainty and detail. There is also a summons in replevin, used in actions of that nature. When a suit is to be entered at any Division Court, the first thing for the plaintiff to do is to hand to the clerk a written claim and particulars, which should show the names in full, and the present or last known place of abode of the parties. When the defendant's christian name is unknown, he may be described by his initials, or by such name as he is generally known by. The claim must in every case admitting thereof, show the par- ticulars in detail; and in other cases must contain a statement of the particulars, or the facts constituting the claim, in ordinary and concise language, and the sum claimed in respect thereof. Where the plaintiff desires to avail himself of the act of 18G4, and sues the defendant in the court nearest to his residence, he must add the following words to his claim: "and the plaintiff' enters this suit and claims to have it tried and determined in this Court, because the place of sitting thereof is the nearest to the defendant's residence." If the plaintiff"'s claim is beyond the jurisdiction of the Court, he may abandon the excess; but he must do so in the first instance and on the claim. When the defendants reside in the county, a special summons is returnable on tiie eleventh day after service. Where they reside i i an adjoining county, it is returnable on the sixteenth day; and where they reside at other places, on the twenty-first day. If a defendant served with a special summons disputes the '^ AND LAWS OF TRADE. 413 plaintiff's claim, he must leave with the Clerk of the Court a notice to that effect, within eight days after service, when the summons is returnable on the eleventh day, and within twelve days in other ca.se=i. If he does not do so, judgment will bi> entered by default on the return of the summons, and execution may be at once issued. The Judge, however, has a discretion to let a defendant dispute the claim at any time before judgment is entered, although notice may not have been given; and he may set aside a judgment on sufficient grounds being shown. Judg- ment by default must be entered within one month after the return of a summons; it cannot be entered after. Where a special summons has been issued against several defendants, but all have not been served, the plaintiff may take judgment against those served : in which case his claim against the others Avill be lost. If he does not wish to abandon those not served, he must proceed in the ordinary way. An ordinary summons, with a copy of the account, or of the particulars of the claim or demand, attached, requires to be ^erved ten days at least before the Court day. In case none of the defendants reside in the county in which the action is brought, but one of them resides in an adjoining county, the summons must be served fifteen days; and in case none of the defendants reside in the county within which the action is brought, or in an adjoining county, then twenty days at least, before the Court day. When the claim exceeds eight dollars, the service must be per- sonal on the defendant; but where the amount does not exceed eiofht dollars, the service may be on the defendant, his wife or servant, or some grown person being an inmate of the defendant's dwelling-house or store. The bailiffs of the Court serve and execute all summon-ses, orders, warrants, precepts and writs, and so soon as served return the same to the Clerk of the Court of which they are bailitls. B 1 •I H 'i 1 1 *n - ''()' iu 'iffl !i in >ffl ll 'iiil i dH . w 1 1 ^ 414 FOUNDATIONS OP SUCCESS The Clerk prepares the affidavit of service of surnmons, stating how served, the day of service, and the distance the bailiff neces- sarily traveled to eflfect service, which is annexed to or indorsed on the summons; but the Judge may require the bailiff to be sworn in his presence, and to answer such questions as may be put to him touching any service or mileage. In case of a debt or demand against two or more persons? partners in trade, or otherwise jointly liable, but residing in different divisions, or one or more of whom cannot be found, one or more of such persons may be served with process, and judgment may be obtained and execution issued against the person or persons served, notwithstanding others jointly liable have not been served or sued, reserving always to the person or persons against whom execution issues, his or their right to demand contribution from any other person jointly liable with him. Whenever judgment has been obtained against any such part- ner, and the Judge cei-tifies that the demand proved was strictly a partnership transaction, the bailiff, in order to satisfy the judg- ment and costs and charges thereon, may seize and sell the prop- erty of the firm, as well as that of the defendants who have been served. On the day named in the summons, the defendant must, in person, or by some person on his behalf, appear in the court to answer, and, on answer being made, the Judge in a summary way tries the cause and gives judgment ; and in case satisfactory proof is not given to the Judge entitling either party to judg- ment, he may non-suit the plaintiff; and the plaintiff may, before verdict in jury cases, and before judgment pronounced in other cases, insist on being non-suited. The Judge may also non-suit m a jury case. When a plaintiff is non-suited he is at liberty to bring his case again into court on a new summons ; but if a judgment against mmr AND LAWS OF TRADE. 415 him be given, he cannot. If on the day named in the summons the defendant does not appear, or sufficiently excuse his absence, or if he neglects to answer, the Judge, on proof of due service of the summons and copy of the plaintiff's claim, may proceed to the trial of the cause on the part of the plaintiff only, and the order, verdict or judgment thereupon will be final and absolute, and as valid as if both parties had attended. The Judge may adjourn the hearing of any cause in order to permit either party to summon witnesses or to produce further proof, or to serve or give any notice necessary to enable such party to enter more fully into his case or defence, or for any other cause which the Judge thinks reasonable, upon such condi- tions as to the payment of costs and admission of evidence or other equitable terms as to him seems meet. If the defendant desires to plead a tender, before action brought, of a sum of money in full satisfaction of the plaintiff's claim, he may do so on filing his plea with the clerk of the court before which he is summoned to appear, at least six days before the day appointed for the trial of the cause, and at the same time paying into court the amount of the money mentioned in such plea. Such sum is to be paid to the plaintiflf, less one dollar, to be paid over to the defendant for his trouble, in case the plaintiff do not further prosecute his suit ; and all proceedings in the action are to be stayed, unless the plaintiff, within three days after the receipt of notice of such payment, signifies to the clerk of the court his intention to proceed for his demand, notwith- standing such plea ; and in such case the action will proceed accordingly. If such signification is given within the three days, but after the rising of the court at which the summons is returnable, the case will be tried at the next sitting of the court. If the decision thereon be for the defendant, the plaintiff pays . 41U FOUNDATIONS OF SUCCESS m .t the same time pay the proper fees as aforesaid ; and thereupon, in either of such cases, a jury will be summoned. T I- ■■ AND LAWS OF TRADE. 421 Either of the parties to a cause is entitled to challenge three jurors. Five jurors are empanneled and sworn to do justice between the parties whose cause they are required to try, according to the best of their skill and ability, and to give a true verdict according to the evidence ; the verdict of every jury must be unanimous. The judge may, if he think proper, have any disputed fact in a cause tried by a jury ; and in any case, if the judge is satisflo 1 that a jury cannot agree, he may discharge them and adjourn the cause to the next court, unless the parties consent to his pro- nouncing a judgment. If there be cross judgments between the parties, the party only who has obtained judgment for the larger sum can have execution, and then only for the balance over the smaller judg- ment ; and if both sums are equal, satisfaction will be entered upon both judgments. In case the judge makes an order for t?:e payment of money, and in case of default of payment of the whole or any part thereof, the party in whose favor such order has been made may sue out execution against the goods and chattels of the party in default. In case any person against whom a judgment has been entered up removes to another county without satisfying the judgment, the County Judge of the county to which such party has removed may, upon the production of a copy of the judgment duly certi- fied by the judge of the county in which the judgment has been entered, order an execution for the debt and costs awarded by the judgment to issue again.^t uch part . If the party against ..luni a ■ cX' ution has been awarded p i,ys or tenders to the clerk or bailiff the Division Court out of which the execution is.'vuo'', bef xc an actual sale of his goods a \'\ chattels, the debt and ccsts, .> such part thereof as the C 1 . 422 FOUNDATIONS OF SUCCESS i j ')■. lit 1 plaintiff agrees to accept in full of his debt, together with the fees to be levied, the execution will thereupon be superseded, and the goods be released and restored to such party. The clerk, upon the application of any plaintiff or defendant (or his agent) having an unsatisfied judgment in his favor, will T epare a transcript of the entry of such judgment, and send the same to the clerk of any other Division Court in any other county, with a certificate at the foot thereof signed by the clerk who gives the same, and sealed with the seal of the court of which he is clerk, and addressed to the clerk of the court to whom it is intended to be delivered, and stating the amount unpaid upon such judgment and the date at which the same was recovered ; and the clerk to whom such certificate is addressed, on receipt of such transcript and certificate, will enter the tran- script in a book to be kept in his office for the purpose, and the amount due on the judgment according to the certificate , and all proceedings may then be taken for the enforcing and collect- ing the judgment in such last-mentioned Division Court by the officers thereof that could be had or taken for the like purpose upon judgments recovered in any Division Court. In case of the death of either or both of the parties to a judg ment in any Di, ision Court, the party in whose favor the judg- ment has been entered, or his personal representative in case of his death, may revive such judgment against the other party, or nis personal representative in case of his death, and m&y issue execution thereon in conformity with any rules which apply to such Division Court in that behalf. In case an execution be returned nulla bona, and the sum remaining unsatisfied on the judgment amounts to the sum of forty dollars, the plaintiff or defendant may obtain a transcript of the judgment from the clerk, under his hand and sealed with the seal of the court. Upon filing such transcript in the office of the clerk of tho ^ iND LAWS OF TRADE. 423 County Court in the county where such judgment has been oLtained, or in the county wherein the defendant's or plaintiff's lands are situated, the same will become a judgment of such County Court ; and the clerk of such County Court will file the same and make the proper entries in his book on payment, of fifty cents. Upon such filing and entry, the plaintiff or defendant may, until the judgment has leen fully paid and satisfied, pursue the same remedy for the recovery thereof or of the balance due thereon as if the judgment had been originally obtained in the County Court. In case any bailiff employed to levy an execution against goods and chattels, by neglect, connivance, or omission, loses the opportunity of so doing, then, upon complaint of the party aggrieved, and upon proof by the oath of a credible witness of the fact alleged to the satisfaction of the court, the judge may order the bailiff to pay such djunages as it appears the plaintiff has sustained, not exceeding the sum for which the execution issued; and the bailiff shall be liable thereto, and upon demand made thereof, and on his refusal to satisfy the same, payment may be enforced by such means as are provided for enforcing judgments recovered in the court. Goods taken in execution are not to be sold until the expira- tion of eight days at least next after the seizure thereof, unless upon the request in writing under the hand of the party whose goods have been seized. In case the Judge is satisfied upon application on oath made to him by the party in whuse favor a judgment has been given, or by other testimony, that such party will be in danger of losing the amount of the judgment, if compelled to wait till the day appointed for the payment thereof before any execution can issue, such Judge may order an execution to issue at such time as he thinks fit. 424 FOUNDATIONS OF SUCCESS Any party having an unsatisfied judgment may procure from the Court wherein the judgment has been obtained, or from any Division Court within the limits of which the defendant dwells or carries on his business, a judgment summons; and if the defen- 'dajit appears in pursuance thereof, he may be examined upon oath touching his estate and effects and the manner and circum- stances under which he contracted the debt or incurred the dam- ages or liability which formed the subject of the action, and as to the means and expectations he then had, and as to the prop- erty and means he still has of discharging the said debt, damages or liability, and as to the disposal he has made of any property. If the party so summoned (1) does not attend as required by the summons, or allege a sufficient reason for not attending, or (2) if he attends and refuses to be sworn or to declare any of the things aforesaid; or (3) if he does not make answer touchi g the same to the satisfaction of the Judge; or (4) if it appears to the Judge, either by the examination of the party or by other evi- dence, that the party obtaitfed credit from the plaintiff or incurred the debt or liability under false pretenses, or by means of fraud or breach of trust, or that he wilfully contracted the debt or liability without having had at the time a reasonable expectation of being able to pay or discharge the same, or has made or caused to be made any gift, delivery or transfer of any property, or has removed or concealed the same with intent to defraud his cred- itors or any ot them; or (5) it it appears to the satisfaction of llij Tadge that the party had, when summoned, or since the j ..Igment was obtained against him has had, sufficient means and ability to pay the debt or damages or costs recovered against him, either altogether or by the instalments which the Court in which the judgment v/as obtained has uidered, and if he has refused or negle'eted to pay the bcimc du the timo ordered, whether before or after the return of the summons, the Judge may, if he thinks fit, order such paity to be commitlcU to the common jail AND LAWS OF TKADE. 425 of the county in which the party so summoned is resident, for any period not exceeding forty days. The Judge before whom such summons is heard may rescind or alter any order for payment previously made against any defendant so summoned before him; and may make any further or other order, either for the payment of the whole of the debt or damages recovered and costs forthwith, or by any instalments, or in any other manner that he thinks reasonable and just. In case the defendant has been personally served with the summons to appear, or personally appears at the trial, and judg- ment be given against him, the Judge at the trial may examine the defendant and the plaintif ,. and any other person, touching the several things before mentioned, and may commit the defen- dant to prison, and make an order in like manner as in case the plaintiff had obtained a judgment summons. No imprisonment under the act will extinguish the debt or protect the defendant from being summoned anew and imprisoned for any new fraud or other default, or deprive the plaintiff of any right to take out execution. We have stated in the foregoing pages the substance of the enactments of the Division Court Acts, so far as they apply to proceedings for the collection of an ordinary debt. We now pro- ceed to notice the mode of actioii where the debtor has absconded or attempts to abscond. If any person indebted in a sum not exceeding one hundred dollars nor less than four dollars, for any debt or damages, or upon any judgment, (1) absconds from the Province, leaving per- sonal property liable to seizure under execution for debt in any county in Ontario, or (2) attempts to remove such personal prop- erty either out of Ontario or from one county to another therein, or (3) keeps concealed in an^ county of Ontario to avoid service of process, any creditor, on making an affidavit or affirmation in the form given at the end of this chapter, and filing the same !« f Ill 426 FOUNDATIONS OF SUCCESS with the Clerk, can obtain a warrant, directed to the bailiff or to any constable of the county, commanding such bailiff or constable to attach, seize, take and safely keep all the personal estate and effects of the absconding, removing or concealed person within such county liable to seizure under execution for debt, or a suffi- cient portion thereof to secure the sum mentioned in the warrant, with the cost of the action. The Judge or a Justice of the Peace for the county may take the affidavit and issue the warrant. If the person against whom an attachment has issued, at any time prior to the recoveiy of judgment in the cause, executes and tenders to the creditor who sued out the attachment, and files in court, a bond with good securities, to be approved of by the Judge or Clerk, in double the amount claimed, that the debtor will, in the event of the claim being proved and judgment recov- ered, pay the same, or the value of the property taken, to the claimant, or produce such property whenever required, the Clerk may supersede the attachment, and the property attached will be restored. If within one month from the seizure the party against whom the attachment issued does not appear to give such bond, execu- tion may issue as soon as judgment has been obtained, and the property seized upon the attachment, or enough thereof to satisfy the judgment and costs, may be sold for the satisfaction thereof; or if the property has been previously sold as perishable, enough of the proceeds thereof may be applied to satisfy the judgment and costs. If horses, cattle, sheep or other perishable goods have been taken upon an attachment, the Clerk of the Court may, at the request of the plaintiff, sell the same at public auction to the highest bidder. By the last act affecting the Division Courts, provision has been made for the attachment of debts, the effect of which may ' |l:: 1? M.'l AND LAWS OF TRADE. 427 be shortly stated as follows: If a debtor against whom a judg- ment has been obtained in the Division Court is himself a creditor of some third party, the judgment creditor, who is called the primary creditor, may obtain an order attaching the d(>bt due by such third party (o the judgment debtor, who is called the primary debtor; and thereupon proceedings, called garnishee pro- ceedings, may be taken to enforce payment by the third party to the primary ci'editor of the debt so due, or so much thereof as may be sufficient to satisfy the primary creditor's claim. The form of affidavit required will be found at the end of the article. Bosiiles the ordinary proceedings in a Division Court for the collection of a debt, proceedings may be taken to determine the right of property seized in execution. Such proceedings are termed interpleader. And if goods are illegally distrained for rent, or if goods are wrongfully detained from the owner, a replevin summons may be issued. Before the bailiff will replevy the goods, he will require a bond to produce the goods replevied if judgment is given against the party replevying, or to pay the value thereof, and to pay all costs. Special provisions are made in the rules with reference to pro- ceedings by and against executors and administrators and other matters; but it would swell the limits of this work beyond due bounds if we were to notice them in detail, besides which it will always be found advisable to. consult a professional man when- ever the matter in dispute is at all out of the ordinary and com-' mon course. We subjoin a few forms which will be found useful in the progress of a suit. They are the forms appended to the new Division Court rules. UNDERTAKING BY NEXT FRIEND OF INFANT TO BE RESPONSIBLE FOR DEFENDANT'S COSTS. In the Division Court in the county of I, the undersigned E. F., being the next friend of A. B., who is '^i f \^Ml ;j 428 FOUNDATIONS OF SUCCESS an infant, and who is desirous of entering a suit in this Court against C. D., of, etc., hereby undertake to be responsible for the costs of the said C. D., in such cause, and that if the said A. B. fail to pay the said C. D. all such costs of such cause as the Court shall direct him to pay to the said C. D., I will forthwith pay the same to the Clerk of the Court. Dated this day of 18 . Witness (Signed) E. F. AFFIDAVIT FOR LEAVE TO SUE A PARTY RESID- ING IN AN ADJOINING DIVISION. In the Division Court in the county of I, A. B., of , yeoman (or I, E. F., of , yeoman, agent for A. B., of, etc.) make oath and say: 1st. That I have a cause of action against C. D., of , yeo- man, who resides in the Division of the county of (if by agent, " that the said A. B. has a cause of action against C. D., of, , yeoman.") 2nd. That I (or the said A. B.) reside in the Division in the county qf 3rd. That the distance from my residence (or from the said A. B.'s residence) to the place where this Court is held is about miles, and to the place where the Court is held in the Divis- ion in the county of is about miles. 4th. That the distance from the said C. D.'s residence to the place where the Court is held" in the Division where he resides^ is about miles, and to the place where this Court is held, about miles, 6th. That the said Division and this Division adjoin each other, and that it will be more easy and inexpensive for the parties to have this cause tried in this Division than elsewhere. Sworn, etc. A. B. (or E. F.) ^ h 1 AND LAWS OF TRADE. 429 AFFIDAVIT FOR LEAVE TO SUE IN A DIVISION ADJOINING ONE IN W CH DEBTORS RESIDE, WHERE THERE ARE SEVERAL. In the Division Court in the county of I, A. B., of , yeoman, make oath and say (or E. F., of , yeoman, agent for A. B., of, etc., make oath and say): 1st. That I have (or that the said A. B. has) a cause of action respectively against each of le debtors named in the first col- umn of the schedule, on this t. idavit indorsed. 2nd. That the columns in the said schedule, numbered respect- ively 1st, 2nd, 3rd, 4th, 5th, Gth and 7th, are truly and correctly filled up, according to the best of my knowledge and belief. 3rd. That the Divisions named in the second and third col- umns of the said schedule, opposite each debtor's name, respect- ively adjoin each other. 4th. That it will be more easy and inexpensive for the parties to have the said causes, respectively, tried in this Division than elsewhere. Sworn, etc. A. B. (or E. F.) I' Ol 480 FOUNDATIONS OF SUCCESS w I— I d o »^ « W O OS a' No. of miles from debtor's resi- dence to where Court held in Division where debtor resides. ^1 •* ,4 CO No. of miles from debtor's resi- dence to where Cou'!; held in Division where suit to be com- menced. w» oo i-H 5th. No. of miles from creditor's resi- dence to where Court held in Div. in which suit to be com- menced. i-( Number of miles from creditor's residence to where Courtheld in Div. in which debtor resides. S 00 -s . .a g g| Division No. 1 in the united coun- ties of Wentw'th and Halton. 00 fl 'm V Q 2nd. division ;n which suit is to ba com- menced. Division No. 3 ii the United coun ties of Lincoln & Welland. DiWsion No. 2 of the County of Simcoe. I I'+Mi-s nan es, Slace of resi- ence and ad- dition. JohnDoe.ofS.-'t fleet, of thel ted Counties o Wentwor 1 1 and Halton yeoman. Richard Eoe, of Mono, County of Simcoe, Esq. o AND LAWS OF THADK AFFIDAVIT FOR ATTACHMENT. 431 by me (or the said A. B.) to the said C. D.; [If made after suit is commenced, insert style of Court and cause.] I, A. B., of the in the county of , (or I, E. F., of, etc.. agent for the said A. B., of, etc.,) make oath and say: 1st. That C. D., of (or late of) , in the county of , is justly and truly indebted to me (or to the said A. B.) in the sum of dollars and cents,* on a promissory note for the pay- ment of dollars and cents, made by the said C. D., pay- able to me (or the said A. B.) at a day now past; Or for goods sold and delivered Or for goods bargained and sold Or for crops bargained and sold Or for money lent Or for money paid for the said C. D., Or for and in respect of my (or the said A. B.) having relin- quished and given up to and in favor of the said C. D., at his request, the benefit and advantage of work done and materials found and provided and moneys expended by me (or the said A. B.) in and about the farming, sowing, cultivating and improving of certain land and premises; Or for the use by the said C. D., by my permission (or by the permission of the said A. B.) of messuages and lands of me (or the said A. B.); Or for the use by the said C. D. of pasture land of me (or the said A. B.) and the eatage of the grass and herbage thereon, by the permission of me or the said A. B.) : Or for the wharfage and warehouse room of goods deposited, stowed and kept by me (or the said A. B.) in and upon a wharf, warehouse and promises of me (or the said A. B.) for the said C. D., at his request ; Or for horse-meat, stabling, care and attendance provided and bestowed by me (or the said A. B.) in feeding and keeping horses 432 FOUNDATIONS OF SUCCESS for the said C. D., at his request ; or for work done and materials provided by me (or the said A. B.) for the said C. D., at his request. Or for expenses neccs'-arily incurred by mo (or the said A. B.) in attending as a witness for the said C. D,, at his request, to give evidence upon the trial of an action at law then depending in the Court, wherein the said C. D. was plaintiff', and one E. F. defendant ; Or for money received by the said C. D. for my use, (or for the use of the said A. B.); Or for money found to be due from the said C. D. to me, (or to the said A. B.) on an account stated between them, (or other cause of action, stating the same in ordinaiy and concise lan- guage.) 2nd. I further say that I have good reason to believe and do verily believe that the said C. D. hath absconded from that part of the Dominion of Canada, which heretofore constituted the Province of Canada, leaving personal property liable to seizure under execution for debt in the County of in this Province. (Or instead of matter between the asterisks, the said C. D. hath attempted to remove his personal property, liable to seizure under execution for debt, out of this Province ; or the said C. D. hath attempted to remove his personal property liable to seizure under execution for debt from the county of to the county of , in this Province , or the said C. D. keeps concealed in the county of , in this Province to avoid service of process) with intent and design to defraud me (or the said A. B.) of my (or his) said debt. ^ 3rd. That this affidavit is not made by me nor the process thereon to be issued from any vexatious or malicious motive whatever. Sworn, &c. A. B. 4' AND LAWS OF TRADE. 433 REPLEVIN. AFFIDAVIT TO OBTAIN JUDGE'S ORDER FOR WRIT OF REPLEVIN. In the Division Court in the count} of County of , to wit: I, A. B,, of , make oath and say: 1st. That I am the owner of (describe property fully) at present in the possession of C. D. ; or that I am entitled to the immediate possession of (describe property), as lessee, (bailee, or agent,) of E. F., the owner thereof, or as trustee for E. F. (or as the case may be), at present in the possession of C. D. 2nd. That the said goods, chattels, and personal property are of the value of dollars, and not exceeding $40, 3rd. That on or about the day of , the said goods, chattels, and personal property, were lent to the said C. D., for a period which has expired, and that although the said goods, chattels and personal property have been demanded from the said C. D., he wrongfully withholds and detains the same from me, the said A. B.; or, that on or about the day of , the said C. D., fraudulently obtained possession of the said goods, chattels and personal property, by falsely representing that (here state the false representation), and now wrongfully with- holds and detains the same from me ; or, that the said goods, chattels and personal property were on the day of , last, distrained or taken by the said C. D., under color of a distress for rent, alleged to be due by me, to one E. F„ when in fact no rent was due by me to the said E. F., (or as the case may be, B3tting out the facts of the wrongful taking or detention com- plained of with certainty and precision.) 4th. That the said C, D. resides (or carries on business,) at within the limits of the Division Court in the county of , (or that the said goods, chattels and personal property were distrained), (or taken and detained), (or detained), at , within the limits of the Division Court of the county of Sworn, &c. A. B. ■ 5 ^^.. 434 FOUNDATIONS OF SUCCESS AFFIDAVIT TO OBTAIN WHIT WITHOUT ORDEP. VJ FIRST INSTANCE. [The first four sections may be as above and the following must be stated in addition:] 5th. That the said personal property was wrongfully taken, (or fraudently got) out of my possession within two calendar months before the making of this affidavit, that is to say, on the day of last. Cth. I am advised and believe that T am entitled to an order for the writ of replevin now applied for, and I have good reason to appiehend, and do apprehend, that unless the said writ is issued without waiting for an order, the delay will materially prejudice my just rights in respect to the said property. [Or if the property was distrained for rent or damage feasant, then the statement given in the last specific alternative under the 3rd clause of the above form will be sufficient to obtain writ without order.] CLAIM IN REPLEVIN. In the Division Court in the county of A, B., of , states that C. D., of , did on or about the day of , A.D. 18 , take and unjustly detain (or detain, as the case may be), and still doth detain his goods, chattels and personal property, that is to say (here set out the description of property) which the said A. B. alleges to be of the value of dollars, whereby he hath sustained damages ; and the said A. B. claims the said property with damages in this behalf as his just remedy. PAxlTICULARS IN CASES OF CONTRACT. A. B., of , claims of C. D., of , the sum of $ , the amount of the following account, viz., or "the amount of the note, a copy of which is under written," together with the AND LAWS OF TRADE. 435 interest thereon, or, for that the said C. D. promised (here state shortly the promise) whicli undertaking the said C. D. hath not performed, or, for that the said C. D. by deed under his seal dated the day of , A.D. , covenanted to, &c., and that the said C. D. hath broken said covenant whereby the said A. B. hath sustained damages to the amount aforesaid ; or for money agreed by the said C. D. to be paid by the said A. B., together with a horse of the said C. D., in exchange for a horse of the said A. B,, delivered by the said A. B. to the said C. D.; or for that the said 0. D., by warranting a horse to be then sound and quiet to ride, sold the said horse to the said A. B., yet the said horse was not then sound and quiet to ride ; or for that the said C. D., in consideration that the said A. B. would supply E. F. with goods on credit promised the said A. B., that he, the said C. D. would be answerable to the said A. B. for the same, that the said C. D. did accordingly supply the said E. F. with goods to the price of $ and upwards on credit, that such credit has expired, yet neither the said E. F. nor the said C. D. has as yet paid for the said goods ; or for that the said A. B. let to the said C. D. a house for seven years to hold from the day of , A.D. , at $ a year, payable quarterly, of which rent quarters are due and unpaid. [The above forms are given merely as examples of statements of causes of action, and the claim must show such further par- ticulars as the facts of the case require.] '.1 PARTICULARS IN CASES OF TORT A. B., of , states that C. D. of , did, on or about the day of , A.D. 18 , at the township of , unlawfully [take and convert one cow and one calf, the property of the said A B.; or brea.k and injure a wagon of the said A. B.; or falsely represent L. O. as fit to be trusted, the said C. D. at the same time knowing that the said L. 0. was insolvent, wheruby the 43G FOUNDATIONS OF SUCCESS said A. B. was induced to give him credit; or assault and beat the said A. B. (or as the case may be, stating the Tort sued for in con- cise language) ; ] The said A. B. hath sustained thereby damages to the amount of , and claims the same of the said C. D. AB. LANDLOKD'S CLAIM FOR RENT. Whereas, I have been informed that you have seized the goods of C. D., of , on his premises at , to satisfy a certain judgment of the . Division Court in , against the said C. D,, at the suit of A, B. ; I hereby give you notice that I am the landlord of the said premises, and that I claim $ for rent now in arrear, being for one quarter (or as the case may be,) and I require you to pay the same to me before you apply the pro- ceeds of the sale of said goods or any part thereof to satisfy the said judgment. E. F. Dated, &c. Landlord of the said tenant. To V. W., Bailiff of ,&c. PARTICULARS OF CLAIM ON INTERPLEADER. In the Division Court in the county of ' Between A. B., Plaintiff, and C. D., Defendant, E. F., Caimant. To whom it may concern : — E. F., of , claims as his property the following goods and chattels (or moneys, &;c.) seized and taken in execution, (or attached) as it is alleged, namely, (specify the goods and chattels, or chattels or moneys, &c., claimed) and the grounds of claim are (set forth in ordinary language the particulars on which the claim is grounded, as how acquired, from whom, when, and the consideration paid or to be paid, and when) and this the said E F. will maintain and prove. E. F. Dated this day of 18 . AND LAWS OF TRADE. 437 N.B. — If any action for the seizure has been commenced, state in what court, and how the action stands. APPLICATION FCPv JUDGMENT SUMMONS. To X. Y., clerk of the Division in the county of Be pleased to summon , of , &c., to answer according to the Statute in that behalf, touching the debt due me by the judgment of the court of the Division Court of the county of . on my behalf, a minute whereof is hereunto annexed. A. B., Plaintiff. AFFIDAVIT FOR ORDER TO GARNISH DEBT. In the Division Court in the county of Between A. B., Plaintiff, and C. D, Defenda" " I, A. B., of the of , in the county of , the plaintiff in the suit, (if the affidavit be made by tlie plaintiff's attorney or agent make the necessary alteration) make oath and say, that judgment was recovered in this case against the above named defendant on the day of A. D. 18 , for the sum of $ debt and costs, (or according to th . judgment,) and that the same remains whr>lly ^rnsati J.ed, (or that $ part thereof yet remains unsatisfied.) That I have reason to believe, and do believe, that E. F., residing at within the Province is (or if the person indebted to the defendant be not known, say " that one or more persons residing, in this Province, whom I am unable to name, are") indebted to the defendant in the sum of $ , (or if the amount be unknown, say " in an amount which I am unable to name," for goods sold and delivered by the defendant to the said E. F., (or otherv/ise according to the nature of the debt .. ght to be garnished.) Sworn before me at the- of in the county of , this day ^ A. B. of ,18 . X.Y., Clerk. E 1 P1^ 438 FOUNDATIONS OF SUCCESS DEFENDANT'S NOTICES TO THE PLAINTIFF OR CLERK. In the Division Court in the County of Between A. B., Plaintiff, and C. D., Defendant. Take notice that I will admit, on the trial, the first, second and third items of the plaintiff's particulars to be correct [or the signing and endorsement of the promissory note sued upon (or as the case may be) ] or Take notice that I dispute the claim of the plaintiff in full (or here specify all or any of the grounds of defence. Dated the day of , A. D. 18 . CD., Defendant. To the plaintiiT (or to the clerk oi the said court.) The several gi'ounds of defence may be stated as follows where they meet the circumst .nces : — 1st. I dispute the following items of your claim, viz., (here specify the items), and admit the residue. Or 2nd. I will on the trial claim a set-off against your demand and the particulars thereof are hereunto annexed. Or 3rd. I will on the trial insist that your claim is barred by the Statute of Limitations (or other statutory defence.) Or 4th. I will on the tr'al insist that I am discharged from payment, of your claim by the provisions of the Insolvent Act. Or 5th. I will admit on the trial the 1st, 9th, 11th, (or other) items of your particulars of account to be correct. Or Cth. I will admit on the trial the signing (or endorsement) of the promissory note (or bill of exchange) sued upon, (or as the case may be), and deny the residue of your claim. Or 7th. I will on the trial insist that you are not a duly cer- tified attorney or solicitor. Or 8th. I will insist upon the defence at the trial that the note (or bill) you have sut upon, and which forms (part of) the AND LAWS OF TRADE. 439 particulars of your claim, was not. duly stamped (or that the stamp was not duly canceled according to law). Or 9th. I will insist as a defence upon the trial that you have not given the proper notice of action before suit to which I am entitled as a Justice of the Peace (or Peace officer) under Con. Stat, of U. C, cap. 126, (or as a Bailiff of the Division Court) under the 193 sec. of the Division Courts Act. AFFIRMATION BY QUAKERS, ETC., AND JURAT. [Court and style of cause.] I, A. B., of , etc., do solemnly, sincerely and truly declare and affirm that I am one of the Society called Quakers (or Men- onists, Tunkers, Unitas Fratrum or Moravians, as the case may be), and I do also solemnly, sincerely and truly declare and affirm as follows : that is to say, [state the facts.] Solemnly affirmed at , in j .A. B. the county of , on before me. X. Y., Clerk, etc. (or as the case may be.) AFFIDAVIT OF DISBURSEMENTS TO SEVERAL WITNESSES. In the Division Court in the county of , Between A. B., Plaintiff, and C. D., Defendant. I, A. B., of , the above plaintiff (or C. D., the above defend- ant, or E. F. agent for the above plaintiff or Defendant), make oath and say : 1st. That the several persons whose names are mentioned in the first column of the schedule jU. the foot hereof were necessary and material witnesses on my behalf (or on behalf of the said plaintiff or defendant), and attended at the sittings of this court on the day of as witnesses on my behalf (or on behalf of the said defendant or plaintiff), and that they did not attend as 440 FOUNDATIONS OF SUCCESS witnesses in any other cause ; [if otherwise state the facts.] 2nd. That the said witnesses necessarily traveled, in going to the said court, the number of miles respectively mentioned in figures in the second column of the said schedule opposite to the names of each of the said witnesses respectively. 3rd. That the several and respective sums of money mentioned in figures in the third column of the said schedule opposite to the names of the said wiUiesses respectively, have been paid by me (or by the plaintiff or defendant) to the said witnesses respect- ively as in the said schedule set forth, for their attendance and travel as witnesses in this cause. A. B. Sworn before me at , this day of 18 . X. Y., Clerk. SCHEDULE REFERRED TO IN THE FOREGOING AFFIDAVIT. Names of Witnesses. Miles. Sums Paid. • ■ ■* ■ - • ' AFFIDAVIT FOR REVIVAL OF JUDGMENT. In the Division Court, in the county of Between A. B., plaintiff, and C. D,, defendant. I, A. B., of the of , in the county of , yeoman (if the affidavit be made by the plaintiff's attorney or agent with the necessary alteration), make oath and say as follows: 1st. On the day of ^ , A. D. 18 ,1 recovered a judg- ment of this court against the above named defendant for dollars, debt, and dollars, costs of suit, , 2nd. No part of said moneys so recovered has been paid or satisfied, and the said judgment remains in full force (or "the 1 r AND LAWS OF TRADE. 441 Bum of , part only of the said moneys has been paid, and the judgment remains in full force as to the residue of the said moneys so recovered thereby"). 3rd. I (or "the said plaintiff") am entitled to have execution of the said judgment, and to issue execution thereupon (for the sum of dollars ) as I verily believe. Sworn, etc. INSOLVENT LAW. The object of the Insolvent Law is to point out the occasion when justice requires that the property of a debtor shall be taken from him and portioned among his creditors. The law shows when this can be (tone, and provides means of doing it: The following persons apd partnerships or companies exercis- ing like trades, callings or employ/aents, are liable to be adjudged insolvents under the provisions of the Insolvent Act of 1875: Apothecaries, auctioneers, bankers, brokers, brickmakers, builders, carpenters, carriers, cattle or sheep salesmen, coach proprietors, dyers, fullers, keepers of inns, taverns, saloons or coffee houses, lime burners, livery stable keepers, market gardeners, millers, miners, packers, printers, quarrymen, share brokers, shipowners, shipwrights, stock brokers, stock jobbers, victualers, warehouse- men, wharfingers, persons insuring ships or their freights or other matters against perils of the sea, persons using the trade of mer- chandise by way of bargaining, exchange, bartering, dommission, consignment or otherwise in gross or by retail, and persons who, either for themselves or as agents or factors for others, seek their living by buying and selling or buying and letting for hire goods or commodities, or by the workmanship or the conversion of goods or commodities, or trees. The law also specifies what acts shall constitute acts of bank- ruptcy, so that it is only upon a failure to do those acts hereafter enumerated which are enjoined to be done and doing those which 442 FOUNDATIONS OF SUCCESS are prohibited to be done that a man can be thrown into com- pulsory liquidation. A debtor shall be deemed insolvent 1st. If he has called a meeting of his creditors for the purpose of compounding with them, or if he has exhibited a statement showing his inability to meet his liabilities, or if he has otlor- wise acknowledged his insolvency. 2nd. If he absconds or is immediately about to abscond from any Province in Canada with intent to defraud any creditor or to defeat or delay the remedy of any creditor, or to avoid being arrested or sued with legal process; or if, being out of any such Province in Canada, he so remains with a like intent; or if he conceals himself within the limits of Canada with a like intent; 3rd. Or if he secrets or is immediately about to secrete any part of his estate and effects with intent to defraud his creditors, or to defeat or delay their demands or any of them, 4th. Or if he assigns, removes or disposes of, or is about or attempts to assign, remove or dispose of any of his property with intent to defraud, defeat or delay his creditors or any of them; 5th. Or if with such intent he has procured his money, goods, chattels, lands or property to be seized, levied on or taken under or by any process or execution having operation where the debtor resides or has property, founded upon a demand in its nature proveable under this act, and for a sum exceeding $200. and if such process is in force and not discharged by payment or in any manner provided for by law; 6th. Or if he has been actually imprisoned or upon the jail limits for more than thirty days, in a civil action founded on contract for the sum of $200 or upwards, and still is so impris- oned or on the limits, or if, in case of such impris .ment, he has escaped out of prison, or from custOvly, or from the limits; 7th. Or if he w ilf ully neglects or refuses to appear on any rule or order requiring his appearance to be examined as to his debts under any statute or law in that behalf; AND LAWS OF TRADE, 443 8th. Or if he wilfully refuses or neglects to obey or comply with any such rule or order made for payment of his debts or of any part of them; 9th. Or if he wilfully neglects or refuses to obey or comply with any order or decree of the Court of Chancery or of any of the judge.'* thereof for payment of money; 10th. Or if he has made any general conveyance or assignment of his property for the benef*^ of his creditors othei'wise than in the manner prescribed by thi.-, act (38 Vic, cap. 16.); or if, being unable to meet his liabilities in full, he makes any sale or con- veyance of the whole or the main part of his stock in trade or of his assets, without the consent of his creditors or without satis- fying their claims; lith. Or if he permits any execution issued against him under which any of his chattels, land or property are seized, levied upon or taken in execution to remain unsatisfied till within four days of the time fixed by the sheriff or officer for the sale thereof, or for fifteen days after such seizure — subject, however, to the* privileged claim of the seizing creditor for the costs of such exe- cution, and also to his claim for the costs of the judgment under which such execution has issued, which shall constitute a lien upon the effects seized — or shall not do so according to the law as it existed previous to the passing of this act in the Province in which the execution shall issue * On the insolvency oi e person under the said Insolvent Act there are certain claims which, if existing against the estate, are paid in full and are termed privileged claims : They are the landlord's claim for rent during the period of one year last pre- vious to the execution of a deed oi assignment, or the issue of a writ of attachment ; the costs of issuing executions against the insolvent, and the costs of the judgment upon which such execu- * In Ontario costs as above referred to conatitute a lien and are paid in full when proved against the estate. 444 FOUNDATIONS OF SUCCESS tions are issued, provided such executions be in the sheriff's hands prior to the execution of a deed of assignment. On the issue of a writ of attachment this also has been held to apply to costs of executions in the hands of the bailiff of the Division Court.* Clerks and other persons in the employ of the insol- vent in and about his business or trade shall be paid in full the salary or wages due them by the insolvent at the time of the execution of a deed of assignment or the issue of a writ of attach- ment not exceeding three months of such arrears: such clerk and other person or persons are also entitled to be paid their salary or wages for two months subsequent to the execution of the deed of assignment or the issue of the writ of attachment, but during such two months they shall be bound to perform, under the direc- tion of the assignee, any work or duty connected with the affairs of the insolvent, which the insolvent himself might have directed them to perform under their respective engagements. EXEMPTION LAWS. ONTARIO. The following are extracts from "An Act to exempt certain articles from seizure in satisfaction of debts," being 23 Vic, cap. 25, and the amending statute, being 24 Vic, cap. 27 : The following chattels are hereby declared exempt from seizure under any writ issued out of any court whatever in this Province (Ontario). The bed, bedding and bedsteads in ordinary use by the debtor and his family, the necessary and ordinary wearing apparel of the debtor and his family, one stove and pipes and one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair of tongs, and shovel, one table, six chairs, six knives, six forks, six plates, six tsacups, six saucers, one sugar basin, one milk jug, one tea-pot, six spoons, all spinning • Patterson v. McCarthy, 35 Q. B. U. C. 14. I*>.^ AND LAWS OF TRADE. 445 wheels and weaving looms in domestic use, and ten volumes of oooks, one axe, one saw., one gun, six traps, and such fishing nets ind seines as are in common use, all necessary fuel, meat, fish, dour and vegetables actually provided for family use not more ohan sufficient for the ordinary consumption of the debtor and ais family for thirty days and not exceeding in value the sum v)f forty dollars, one cow, four sheep, two hogs and food there- for for thirty days, tools and implements, of or chattels ordinaiily used in, the debtor's occupation to the value of sixty dollars. The debtor may select out of any larger number the several chattels exempt from seizure under this Act. QUEBEC. The same as Ontario, with the addition of fifteen hives of bees, except that the food exempt for the family must not be of greater value than twenty dollars, and the toola or implements must not exceed thirty dollars in value. NEW BRUNSWICK The exemptions are wearing apparel and kitchen utensils to th*- value of sixty dollars. NOVA SCOTIA The exemptions are wearing apparel and kitchen utensils not to exceed in value forty dollars. CUSTOMHOUSE REGULATIONS. ENTRY OF VESSELS FROM FOREIGN PORTS. It is necessary that three copies of the manifests of vessels from foreign ports should be made out before arrival, in order to be presented to the boarding-officer upon arrival. They should include everything on board; and, after stating the cargo laden at the port of departure, if there should be any return cargo, it should then be added under that head. If there are any surplus stores, these should then be particularized and finally, the pas- Fl 446 FOUNDATIONS OF SUCCESS dengers' names, individually, with the number of packages of baggage belonging to each, the whole tc bt signer, by the master. Where there are passengers, a separate list besides the names on each manifest — including the nameS; ages, sex, occupation, countries to which they severally belong, and ot which they intend to become inhabitants, and it any have died on the pas- sage — will a 'jo hi. necessary. It' any part of the cargo is to be landed at a different port than the first one of entry, it must be so stated in the manifest, as otherwise that privilege will be Jofet and the cargo required to be landed at the first port ot entry. The captain should be particular in having his crew mustered by the boarding-oflicer, upon arrival, in order tc the cancelling of the bond given for their safe return. Vessels must report at the Customhouse within twelve hours and enter within forty-eight hours after arrival. It the c&ptain is not an owner of the vessel, and there shcuid be a resident owner at the port of entry, such owner is required to accompany the captain, in order to swear to the register. ENTRY OF VESSELS COASTWISE. Nothing further is required than the c^iearance from the Cus- tomhouse at the port of departure, and the register, if she is a registered vessel. CLEARANCE OF VESSELS EOE FOREIGN PORTS. Every shipper must cleai his goods at the Customhouse before the vessel can clear. From these shippers' clearances the vessel's manifest is to be made; after the same form, and including all the particulars therein contained. A notarial crew-list and duplicate shipping articles are also required. If thpre is any change of owner or master, notice thereof should be given at least the day previous, in order that the register may be indorsed or a new one i.sfiued. AND LAWS OF TRADE. 447 Inquiry should also be made, a day or two previous to clear- ing (in case of vessels last from foreign ports), whether the return of the inward cargo corresponds with the manifest, as delays may otherwise occur in settling the discrepancies, which to adjust may and do frequently detain vessels from clearing, when the hurry is great and consignees are anxious to get their vessels to sea. If there is any cargo brought in the vessel, not to be landed, a permit must be obtained to retain the same on board, several days before clearing, as the officer discharging the vessel cannot make his return without it, and without his return the vessel cannot be cleared. When cleared, the captain will receive his register, crew-list, clearance, bill of health, and shipping articles, or, in case of a foreign vessel, all that he requires is a clearance and bill of health, upon presenting which to the consul of his nation, he will receive all other necessary papers. CLEARANCE OF VESSELS COASTWISE. "C • licate manifests, made out from the bills of lading (num- bei Ox packages in each bill of lading being stated in writing), widi the names of the shippers and consignees, and their places of residence, are all that is required. LAWS RELATIVE TO INVOICES. Invoices mus\. > made out in the currency of the country whence the goods are imported ; they must also reduce such cur- rency to Canadian currency. When the value of such currency is not fixed by Idw, the invoice must be accompanied by a con- sular ccitificate, stating the true value of such currency in Cana- dian coin ; and in default thereof, a bond for the production of such ce-.tificate must be given. If no invoice of goods has been received by the consignee or owner, they may be entered by appraisement, the owner or consignee first taking oath that no invoice has been received, and giving bond to produce invoice. m m 448 FOUNDATIONS OF SUCCESS Goods belonging to persons residing in Canada, but absent from the place of importation, may be admitted to entiy, the importer or agent first giving bond to produce invoice duly veri- fied by the oath of the owner, administered by a collector of cus- toms, or by a public officer duly authorized to administer oaths. Goods belonging to a person not residing at the time in Can- ada, cannot be admitted to entry, unless accompanied by an invoice verified by the owner's oath, stating that the goods were actually purchased for his account, and that the invoice contains a true and faithful account of the cost of such goods. If such goods have not been acquired in the usual mode of bargain and sale, or if they belong in whole, or in part, to the manufacturer thereof, the oath annexed to the invoice must specify that the invoice contains the actual fair market value at the time and place when and where the same were procured or manufactured. The verification may be made before a British consul or com- mercial agent of Great Britain. If there is no consul or commer- cial agent in the country or place of purchase, the oath may be administered by any pu^blic officer authorized in such place to administer oaths, which authority must be authenticated by a consul or commercial agent of Great Britain — if there be no such consul or agent, then by the authentication of a consul of any nation at peace with Great Britain : if no such consul can be found, then the certificate of two respectable merchants wDl answer. Goods owned by persons not residing in Canada, and not accompanied with an invoice verified as required above, may be admitted by the Finance Minister, the collector first certifying that no fraud was intended ; but before such entry shall be per- mittedj the importer shall give bond to produce an invoice of such goods, duly verified by the owner, in the mode and to the cticct before mentioned. AND LAWS OF TRADE. 449 ^k The owner, consignee or agent of imports which have been actually purchased, on entry of tlie same must make such addi- tion in the entry to the cost or value given in the invoice as, in his opinion, may raise the same to the true market value of such imports in the principal markets of tlie country wlience the importations shall have been made, or in which the goods imported shall have been originally manufactured or produced, as the case may be. Invoice must contain the weight, quantity, or measure of goods, or the same will be weighed, gauged or measured at the expense of the importer. In all cases where there are more goods found on board a vessel than the master thereof has reported in his manifest, he must, with the consent of the officers of the customs, make a post entry for the same ; and for every disagreement between liis manifest and cargo, he is liable to a heavy penalty or confis- cation of his goods. All goods, on examination by the appraisers, not corresponding with the entry made of them, are liable to forfeiture. . DRAWBACK. To be entitled to drawback, the duties on the importation of the goods exported must have been at least fifty dollars by one vessel, at the same time, and by the same person, and the mer- chandise be, at the time of exportation, in the same package and same condition, including wrapper and original mark and num- ber, as when imported. REGISTER ACT. Every owner of a vessel, residing within the limits of the Dominion of Canada, must swear (or affirm) to the register within ninety days after its being granted, or i,' becomes void, and the vessel and cargo pays foreign tonnage and duty. \11 duties must be paid in Canadian funds. i 450 FOUND AT- \S OF SUCCESS WAREHOUSING. i . i- i\ Goods, wares or merchandise entered for v^arenousing must be conveyed from the vessel or wharf where landed to the ware- house under the special superintendence of an inspector of the customs, in drays, carts or other usual modes of conveyance, to be employed on public account, by the proper officer of the cus- torr -, and the expense, at the rate usually paid for such service at the port in question, is to be defrayed at the time by the per- son who enters said goods, wares or merchandise for warehousing. In all such cases, the appropriate expenses are to be paid before granting permit for exportation. Where any goods, duly warehoused, shall remain in store beyond one year, without payment of the duties and charges thereon, which, in pursuance of the Act, are required to be appraised ar v,ld, the Customs Department prescribes that all such sales shfc..i take place within days after the expiration of the year. If a part of an importation is to be landed, and the duties paid forthwith, and the remainder warehoused, the two entries must be made simultaneously. When the goods have been deposited m the warehouse, the collector shall cause them to be compared with the invoice, and the dutiable, value, quantity and the char- acter thereof ascertained in the manner provided by law ; and after the report of the appraisers has been received by the col- lector, the importer, agent or purchaser may withdraw the entire case or package, or any quantity not less than one ton in weight if imported in bulk. When the goods have arrived at the port of destination, they may be deposited in the public store, and tl)e duty paid forth- with. If the duty is not p » '. forthwith, the entry for ware- housing shall be presented to the collector, accompanied with the transportation certificate and copy from invoice, and shall 1 AND LAWS OF TRADE. 451 be verified by the oath of the owner or consignee ; the collector will then take a bond with satisfactory security. When the goods are deposited in warehouse they must be subjected to the same examination as is required by law on the importation of goods from foreign ports, and must be carefully compared with the copy from the original invoice. If the col- lector is satisfied that the goods so examined are the identical goods described in the transportation certificate, he will grant a copy thereof and certify thereon, which certificate being pre- sented to the collector at the port whence the goods were trans- ported, the bond may be canceled. If the goods are withdrawn from warehouse at the port of original importation for exportation, then entry must be made, the oath prescribed taken, and bond with satisfactory security given for the delivery of the goods at a foreign port or place : when the bond is received, the collector and naval officer will issue a permit to deliver the goods to the surveyor, and shall direct the surveyor to cause the same to be laden on board for exportation, indicating which are to be weighed, gauged or meas- ured. The officer under whose inspection the goods are shipped must certify on the entry, to cancel the export bondj the exporter must furnish the proofs required by law. When goods have been deposited in the public stores, the owner or importer on application therefor shall be ei- ^:d to a certificate, either for the entire importation or for each pack- age or parcel thereof, on a small payment for each certificate, which certificate shall be issued and signed by the collector, or by some person to be designated for that purpose by the r 1- lector, with the approbation of the Finance Minister, w \ich. per- son shall be entitled to receive from the importer a copy of the warehousing entry. ' "• When goods are withdrawn from warehouse in quantit^p j less than the entire importation, the expense of weighing, gauging 452 FOUNDATIONS OF SUCCESS or measuring must be paid by the owner, importer or agent, if it be necessary to weigh, gauge or measure such portion, in order to ascertain the dutiable value. CUSTOM-HOUSE ENTRY. If a firm import any portion of their goods, it may be the duty of the shipping clerk to enter them at the Custom-house. When an invoice is received from Europe, for instance, it should be copied verhatira, as the original invoice will have to be given up to the Cub'om-house officials. The best plan, however, is to have a duplicate invoice sent with the original — one to be used for the Custom-house officials, the other to be placed on file in your invoice book for reference. Those who import largely should have book specially prepared for this purpose, and ruled for pounds, shillings and pence, or the name and kind of currency that is used in the country from which the goods are imported. Custom-house blanks, either "For Duty" or "Free," should be filled out in duplicate. The following is a copy: ■ FOR DUTY. No. 25. ■ Report No Port of London, 187 , Entry No. Imported by per Master, from '• Marks and Numberg. Num>ber of Packages. Description of Goods. Value quantity Bate of Duty. Amount of Duty. Purchased in $ c 1 $ c These necessary blanks are furnished at any Custom house in acts, and a charge of five cents made therefor. The papers nee- W^vm AND LAWS OF TRADE. 4o3 cssary for entering goods at the Custom-house are of three kinds; 1st. The invoice, 2nd. The "For Duty" or "Free" blanks in dupli- cate 3rd. The Collector's Warrant for the delivery of the goods, which must be given to the Customs official at the place where goods are stored. No one except the owner of the merchandise or his agent is allov/ed by law to enter them at the Custom-house; but in some large establishments the owner gives his clerk a power of attor- ney for Custom-house purposes, and this has been recognized by the authorities as sufficient. This power of attorney enables the clerk to sign the name of his employer to all papers necessary to obtain official permission to take possession of the merchandise. Sometimes, from some cause, the bill of lading is delayed, or has not come to hand on arrival of goods, by some oversight, in Avhich case, so as not to interfere with the merchant, the authorities allow the goods to be delivered on the parties filling out and signing a bond, with a good and responsible party also signing the same as surety, agreeing to furnish one within a given time. After going through with the routine of entering the goods, one of the following oaths is taken — whichever is appro2:)riate to the circumstances — as to the correctness of the invoice: DECLARATION OF THE OWNER, CONSIGNEE OR IMPORTER, WITH THE BILL OF ENTRY. I, the undersigned, hereby solemnly declare that the within Bill of Entry contains a true account of the goods imported in the , whereof is Master (or by the railway), from , and whereof the owner (inporter or consignee), that the invoice herewith produced is the true and only invoice ha received, or expect to receive, of the said goods, as mentioned in the invoice, exhibits the actual cost or the fair market value of the said goods at the t'.me and place of exportation, and that no discounts for cash are made in the said invoice prices. Signed at , on the day of ,167 , in the presence of [To be signed in the presence of the Collector, or of the attorney or agent mak- ing the entry, or of a Justice of the Peace, or of a Consul.] Gl 454 FOUNDATIONS OF SUCCESS ir ;, OATH OR AFFIRMATION OF AN OWNER, CONSIGNEE, IMPORTER OR HIS AGENT. DoOTNiON OF Canada, Port of : ' , » - , I, , do solemnly and truly swear (or affirm) that I (or that the firm of , of which I am a partner), is the owner (consignee or importe ) if the goods mentioned in the invoice now produced by me and hereunto annexed and signed by me, and that such invoice is the true and only invoice received by or which expect to receive of all the goods imported in the , whereof is Master, from , for account of ; that nothing has been on my part, nor to my knowledge en the part of any other person, done, concealed or suppressed, whereby Her Majesty the Queen may be defrauded of any part of the duty lawfully due on the said goods ; and I do further solemnly and truly swear (or affirm) that the invoice now produced by me exhibits, to my personal knowl- edge, the actual cost (or fair market value) of the said goods, at the time when the same were thence exported to Canada, in the markets in , without any deduction or discount for cash, or otherwise howsoever. So help me God. Sworn (or affirmed) before me, this day of , 187 . Collector. OATH OR AFFIRMATION OF AN AGENT OF THE OWNER, CON- SIGNEE OR IMPORTER. Dominion of Canada, Port of : I, , do solemnly and truly swear (or affirm) that I am the authorized agent of , and that I have the means of knowing, and do know, that the invoice now presented by me to the Collector of Customs for the Port of is the true and only invoice by received of all the goods imported in the , whereof is Master, from , for account ; that nothing has been on my pjirt, nor to my knowledge on the part of any otlier person, done, concealed or suppressed, whereby Her Majesty the Queen may be defrauded of any part of the duty lawfully due on the said goods; and 1 do further solemnly and truly swear (or affirm) that, to the best of my knowledge and belief, the said the owner of the goods mentioned in the said Bill of Entry hereunto annexed, as therein respectively stated, and that the invoice now produced by me exhibits the actual cost (or fair market value) of the said goods at the tima when the samo were thence exported to Canada in the markets in of the said goods, with- out any deduction or discount for cash or otherwise howsoever. So help me God. Sworn (or affirmed) before me, this day of , 187 . Collector. OATH OR A rlliMATlUN OF AN OWNER, CONSIGNEE, IMPORTER OR AGEN r, ON t.NTEHlNG MERCHANDISE WITHOUT INVOICE. Dominion of Canada, Ponr of : . , , do solemnly and truly swear (or a rmj that the Bill of Entry now AND LAWS OF TRADE. 455 delivdred by me to the Collector of Customs for the port of contains a just and true account of all the goods imported for me, or on my account, or on account of , for whom I am authorized to enter the same, in the , whereof is Master, from ; that the Bill of Lading now produced by me is the true, genuine and only Bill of Lading by me received of the said goods, and that I have not received, and do not know of any invoice or other account whatever having been received of the said goods ; and I do further swear (or affirm) that if I hereafter discover any other or greater quantity of goods than is contained in the entry aforesaid, or receive or obtain a knowledge of any invoice of the whole or any part thereof, I will immediately report the same to the Col- lector of this port ; I also swear (or affirm) that nothing has been concealed or suppressed in the entry aforesaid whereby to a\ oid the just payment of the duties imposed by the laws of the Dominion of Canada, and that all matters are justly and truly expressed therein, to the best of my knowledge and belief. So help me God. Sworn (or affirmed) before me, this day of , 187 • Collector. Tho wording of any of these oaths or affirmations may be changed to suit the circumstances of the case, and the provisions of the law; and the oath or affirmation will be sufficient, pro- vided the requisite facts are distinctly stated and sworn to oi affirmed. After paying the duties, the next thing in order xS to pay the freight, at the office of the steamship or railroad company and a teamster sent for the packages. Sometimes, for the con- venience of merchants, the goods are allowed to remain in bond in government warehouse, on which the duties are paid as the packages are taken away. Of course, this is a great convenience to merchants, and tho law permitting it was made for the pur- pose of benefiting them. For instance, a merchant imports one hundred c ases of tea ; they arrive, and are placed in a govern- ment warehouse. The merchant needs twenty -five cases at once, and, to aid him, he is allowed to take away the twenty-five cases, and only required at that time to pay the duty on the twenty- five cases. In case goods arrive from a foreign country to some inland city, such a^ London or Toronto, where a Custom-house is located, the goods on arrival in this country are unloaded 45G FOUNDATIONS OF SUCCESS from a steamship and placed in cars, the Custom-house officer locking and sealing the same, and the goods go through in bond. In this manner they go to their destination, and on their arrival are delivered to the customs authorities at that point. One great advantage gained by this method is quickness, as, of course, the parties interested are on the ground to see that the officials expe- dite matters. .1", I- CUSTOM-HOUSE— BONDED GOODS. ' Any merchant, or others, residing in an interior city, or other place, receiving goods from Europe, or United States, at any of the ports of entry designated by the Government, can, if they desire it, by having the goods plainly consigned to the care of a Express Company or Freight Line having an office in the city at which the goods arrive (naming the express company or freight line by name), having their goods transported in bond from the port at which they arrived to your nearest Custom-house, and, if necessary, to their destination. The following directions should be observed: Have all packages plainly consigned to th( care of the express or freight company — naming the com- pany. Packages must be marked with name of ship, when practicable, and port of destination. For instance : Steamer "Hibernia" arrives at Montreal with a package for London, the package should be marked " St'r ' Hibernia,' for London." The port of final destination must appear on bill of lading, invoice of goods and ship's manifest, There must also be sent to the express or freight company's office, at the place where the goods are to arrive, — 1st, a bill of lading showing consignment as above; 2nd, an invoice of goods, with Consul's certificate attached, and a copy of the invoice without the Consul's certifi- cate. These are important papers, and the non-receipt of them, or any of them, within twenty-four hours after the arrival of the vessel, will subject the goods to extraordinary delay and mV AND LAWS OF TRADE. 457 additional expense. In case the packages received at the Cus- tom-house are small, and of but little value, and no invoice is received, the same can be passed through the Custom-house by appraisement at public stores, and the duty thereon, if any, be paid by appraisement. To facilitate such appraisement, it is well for the consignee to send to your agent, the express com- pany or freight agent at the port where the same has been received, a statement of contents, with value affixed for each item. When no bill of lading for such small packages has been received, send receipt of shii^ment. The law attaches a duty to nearly all kinds of goods except personal effects, and these must have been in use for over one year. The owner must make an affidavit to that effect before a collector of Canadian customs ; and in case there is no such officer in the place where he resides, then before -;ome public officer. In such cases the personal effects are made free of duty. GAME LAWS. Nearly every country regards its game as worth}'- of legislative protection in order that tbose four-footed and feathered abori- gines which are valuable either as human food or for their fur may not be indiscriminately slaughtered at all times and seasons of the year, but that they may remain unmolested by the hunter or sportsman during their respective breeding seasons^ and until their young have attained a degree of maturity. Our Legislators have not been remiss in this respect, ^ at have enacted laws which are an ample protection t(f the different species of game during their seasons of propagation, and makes an infringement of their provisions punishable by fine or im- prisonment. The following will be found to be a succinct sum- mary of these laws: No deer or fawn, elk, moose or cariboo shall be hunted, taken or killed between the 19th ol Dec. and the 1st of Sept. in the 1'^ I ■^ 1 ] . 1 ] * i --■ 1 ^' ^i --"-- si 458 FOUNDATIONS OF SUCCESS following year; that no black duck, grey, mallard, teal or wood duck shall be taken or killed between the 15th of April and 15th of Sept. following, and no other ducks, wild swans or geese from the 1st of May until the 15th of August following; no woodcock or snipe between the 1st of March and the 15th of July; no quail between the 1st of January and the 1st of October. No wild turkey, grouse, pheasant or partridge shall be taken, hunted or killed be', 3en the 1st of January and the 1st Sept.; no hare between the 1st of March and the first of Sept. It is also unlaw- ful to take or kill any of the birds or animals before mentioned I )y any other method than by shooting them. It is also unlaw- ful to employ or use batteries, night-lights or sunken punts in hunting wild swan, geese or any description of wild duck. No beaver, mink, sable, otter or fisher shall be trapped, hunted, taken oi killed, nor shall any trap or snare be laid for the same or any of them between the 1st of March and the 1st of Nov., and no muskrat shall be hunted, trapped, taken or killed, nor shall any trap or snaro be laid for the same from the first day of May in any year to the first day of February following. It is further deemed unlawful for any person to have in his possession any of the animals or their hides or an^r of the birds before mentioned within the periods wherein the killing or taking of the same is prohibited, without lawful excuse for such pos- session, nor shall any sale of game above mentioned be made except within the periods wherein such game may be lawfully taken or killed and fourteen days thereafter; nor shall any pos- session for the purpose of sale except as above be lawful. It is also unlawful to destroy any eggs of any of the kinds of birds above enumerated. Any person who does any of the acts above prohibited shall bo punished summarily on information and conviction before a Justice of the Peace, by a fine not to exceed $25, nor to be less than $2. for each offence, with costs, and if such fine be not paid, AND LAWS OF TRADE. 450 by imprisonment in a common jail for a term not exceeding thirty days. The whole of the fine shall be paid to the informer. In all cases confiscation of the game shall follow conviction, which shall be given to some charitable institution or purpose in the discretion of the convicting justice. Any person may destroy traps, nets or snares set or erected, either wholly or in part, in contravention of any provisions of the game laws. Certain legal enactments have also been made for the protec- tion and preservation of many kinds of fresh 'water fish. It is unlawful to catch whitefish between the 10th of Novem- ber and the 1st of December. Salmon trout, lake trout and fresh water herring shall not be caught between the 15th of October ind the 1st of December. Speckled trout, brook trout and river brout must not be caught between the 15th of feriptember and the 1st of May. Bass shall not be caught between the 15th of Sep- tember and the 15th of June. Pickerel and maskinonge must aot be taken between the 15th of April and May 15th. No one shall buy, sell or possess any of the above named fish which have been caught or killed during the close seasons; nor diall they have in their possession fish which have been caught by unlawful means at any time. It is not lawful to catch or kill any of the above named fish by means of spears, grapple-hooks, negog or nishigans at any time. No one shall fish for, catch, kill, buy, sell or possess the young of any fish above named. Fishing by nets or other apparatus is prohibited. Every offender against the above provisions is liable, for each offence, to incur a fine of not more than $20, besides all costs, or in default of payment to be imprisoned, and the fine may be col- lected by distress; one-half the fine goes to the prosecutor. All materials, implements and appliances used, and all fish had in • 460 FOUNDATIONS OF SUCCESS lii' hi 11; I!' contravention of the Fisheries Act, may be seized and confiscated on view "by any person, for delivery to any ma'•""'•' 8 sign of Division: it signifies that the number above the 2 line is to be divided by the one below; "' '■"'■ = Sign of Equality ; 3 : 9 : : 5 : 15 sign of Proportion, to be read "as 3 is to 9 so is 5 to 15;" ^9 sign of Square Root, to be read "the. square root of 9;" 8' sign of the Square, to be read "the square of 8." , ^ Addition. — The constantly recurring necessity of adding uf long columns of figures, and the hardship experienced in correct- ing errors, make it a matter in which any improvement will be ac- ceptable. The eye should be trained to take in at a glance the sum of two a^..^ ^.iiing figures in the same column, and after a little practice on the part of the accountant, this can be easily done thereby saving the amount of labor by one-half. i' l ^ -" » «V»i '^ ' ii l . H JI»« J «II J- |Wl j |i||»*< AND LAWS OF TRADE. 4G1 Multiplication and division of high numbers arc made much easier by the use of tables of squares and logarithms ; and any one who is compelled to do much of this kind of labor should by all means acquaint himself with their use. The following short methods in Division and Multiplication will often shorten a calculation, and be of great help to tho accountant: Remove the point one place to the RIGHT to mult i pi u by 10 two places to multiply by 100 ; three places, 1000, etc. To divide, remove the point to the left. To multiply by 25, divide by 4, and call the quotient hundreds. Thus : 25 x 500 = 12,500, 500-^4=125, call it hundreds, makes 12,500; divide by 4 because 25 is one-fourth of a hundred. To multiply by 2h, divide by 4, and call it tens — call it tens, because 2^ is one-fourth of ten. To multiply by 125, divide by 8, and call it thousands — call It thousands, because 125 is ^ of a thousand. To multiply by 12^, divide by 8, call it hundreds. To multiply by IJ, divide by 8, call it tens. To multiply by 62i, divide by 10, and call it thousands. To multiply by 6^, divide by 16, and call it hundreds. To multiply by 31^, divide by 32, and call it thousands. To multiply by 333^, divide by 3, and call it thousands. • . To multiply by 33 i, divide by 3, and call it hundreds. To multiply by 3,^, divide by 3, and call it tens. To multiply by 50, divide by 2, and call it hundreds. To multiply by G2|, divide by 15, and call it thousands. To multiply by G§, divide by 15, and call it hundreds. To multiply by 833 1, divide by 15, and call it ten thousands by annexing four cipher.^. , To multiply by 83 J, divide by 12, and call it thousands. To multiply by 8^, divide by 12, and call it hundreds — divide by 12 and call it hundreds, because 8J is 1/12 of a hundred The reason is similar in each case. Hi 'it : ■i t S% V2 /a e. V w /A IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^^ 1^ 1.25 lA. 11 1.6 fe ^/ ^.-% :/. /. 83 .9792 1.0000 J Example 1. — Required the number of .1007 MvXtiplicandt I' I 466 FOUNDATIONS OF SUCCESS 10 Multiplier. [ . 1 • il i I I' square feet in a strip of board 10 feet long by 2 inches wide ? Opposite 2 is 1667, which multiplied 1.6670 Prod/uct. ( X ) by 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 f is .0625, to which add 2 to the left of the decimal for feet (when the width of the 82500 board exceeds 11 J inches, add 1 to left of the decimal for each foot); then 2.0625 x 84.5625 Atis. 85 feet 41 feet =84 feet 7 inches. 2.0625 41 20625 6.5416 40 Example 3. — The pavement of a side- walk is 40 feet long by 6 feet 6 J inches wide; required, the number of square feet. Opposite 6i is .5416, to which add 6 for 261.6640 Am. ^62 ft. feet ; then, 6.5416 X 40=261 feet 8 inches. 15.2916 Example 4. — A room measures 16 feet 16 by 15 feet 3^ inohes; how many square feet of flooring does it contain ? Opposite 917496 3^ is .2916, to which add 15 for feet; then 152916 15.2916 X 16 = 244 feet 8 inches. If yards are required, divide the pro- 244.6656 Aim. 2^ ft. duct by 9. Example 5. — flequired, the number of square feet in a board 14 feet long, 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 feet. jjqtb. The last two figure* of the decimala (wnen the length of the artioI« consiBts of bu' a few feet) may be dropped, and those remaining multiplied. ] 14 \4t Ana. l.'f.feet AND LAWS OF TRADE. 467 It is customary, in measuring boards, etc., to count as nothing all fractions under 6 inches, and to count as 1 foot 6 inches and all fractions over. BOUND AND EQUAL-SIDED TIMBER MEASURE. TABLE FOR ASCERTAINING THB NUMBER OF CUBICAL FEET, OR SOLID CONTBHTS, TN A STICK OF ROUND OR EQUAL-SIDED TIMBER, TREE, ETC. JKGlrt Area iWGlrt Area XOIrt Area M «irt Area k Uirt Area in In in in in in in in in in Inches. F<'Pf. Inches. Feet Inches. Feet. Inches. Feet, Inches. Feet. 6 .250 lOJ .803 154 1.668 20i 2.898 25 4.340 H 219. il .840 15J 1.722 204 2.917 25i 4.428 6i 234 Hi .878 16 1.777 20i 2.990 264 4.516 6J 317 Hi .9i8 16i 1.833 21 3.062 25f 4.605 7 .?H) 11« .959 104 1.890 21i 3.136 26 4.694 u .304 12 1. 16i 1.948 21ii 3.209 26: 4.785 n .300 12i 1.042 17 2.006 21r 3.285 26 4.876 n .417 12i 1.085 17i 2.066 22 3.362 26; 4.969 8 .444 i2i 1.129 174 2.126 22i 3.438 27 5.062 8i .472 13 1.174 )7| 2.187 224 3.516 27i 5.158 8i .510 m 1.219 18 2.250 22? 3.598 274 5.252 fii .531 134 1.265 m 2.313 23 3.673 27J 5.. 348 9 J,&2 in 1.313 184 2.376 23i 3.754 28 5.444 n .594 14 1.301 18i 2.442 234 3.835 28i 5,542 94 (>:.'() Hi 1.410 19 2.50() -m 3.917 2S.i 5.640 n .(i.">9 14A ;.460 19i 2.574 24 4.4 28'f 5.740 10 .1)94 14i 1.511 194 2.640 24i 4.084 21) 5.840 m .7:10 15 1.562 19^ 2.709 244 4.168 29i 5.941 lOi .76G 15i 1.615 20 2.777 24i 4.254 294 6.041 Rule. — Multiply the area in feet corresponding to the ^th girt by the length of the stick of timber, and the product is the solidity in feet and decimal parts of a foot. 1.361 18 Example 1. — A stick of timber is 18 feet long and 56 inches girt ; how many 10888 cubic feet does it contain ? Opposite 14 1361 is 1.361, which x 18= 24 feet 6 inches. 2^A98 Ana. ^^ feet. Rule. — If a tree or timber is tapering, girt it about one-third of the way from the but to the top ; or, add together the area at the two ends, and divide the sum by 2 to obtain the mean girth; or take the girth of the tree at equal distances from each other, •iii 4G8 FOUNDATIONS OF SUCCESS tl ■; i: « !1 i ri I i! and add all the girths together, and divide the sum by this num- ber for the mean girth. It is usual to allow, on account of the bark, in oak one-tenth or one-twelfth part of the circumference ; beech, ash, etc., should be less. TABLE SHOWING THE SOLID CONTENTS IN TIMBER, BOXES, PACKAGES, ETC. Rule to find Solid or Cubic Feet. — If all the dimensions are in feet, multi- ply the length by the width, and this product by the depth. If all the dimensions are in feet and inches, reduce the whole to inches, and multiply the length, breadth and dei)th 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, atld two numbers together, or double a number. 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 1 1 and yon have 4 feet 8 inches. L. 5 Inches Thick by ' lii<;hea Thick by ft. 6B 3 7B 3 8B 3 M 4 ion 4 11 B 5 13 B 5 6B 7 B 8 B OB lOB 5 IIB G 1 3 4 4 5 2 5 6 7 8 8 9 10 G 7 8 9 10 Oil 3 8 9 10 Oil 1 1 1 2 1 3 9 Oil 1 1 2 1 3 1 5 4 10 I 1 1 1 3 1 5 1 1 8 1 1 2 1 4 1 G 1 8 1 10 5 I 1 1 3 1 5 1 7 1 9 1 11 2 1 1 3 1 6 1 8 1 11 2 1 2 4 6 1 3 1 G 1 8 1 11 2 1 2 4 2 6 1 G 1 9 2 2 3 2 G 2 9 7 1 C I 8 1 11 2 2 2 5 2 8 2 11 1 9 2 1 2 4 2 8 211 3 3 8 1 8 I 11 2 3 2 6 2 9 3 1 3 4 2 2 4 2 8 3 3 4 3 8 9 I 11 2 2 2 C 2 10 3 2 3 5 3 9 2 3 2 8 3 3 5 3 9 4 2 10 2 1 2 5 2 9 3 2 3 G 3 10 4 2 2 G 2 11 3 4 3 9 4 2 4 7 11 2 4 2 8 3 1 3 5 3 10 4 2 4 7 2 9 3 3 3 8 4 2 4 7 5 1 12 2 6 2 11 3 4 3 9 4 2 4 7 5 3 3 6 4 4 G 5 5 G l.S 2 9 3 2 3 7 4 1 4 G 5 5 5 3 3 3 10 4 4 411 5 5 6 14 2 11 3 5 3 11 4 5 4 10 5 4 5 10 3 6 4 1 4 8 5 3 5 10 6 5 15 3 2 3 8 4 2 4 8 5 3 5 9 6 3 3 9 4 5 5 5 8 6 3 611 20 4 2 4 10 5 7 6 3 6 I! 7 8 8 4 5 5 10 G 8 7 G 8 4 9 2 26 5 3 G 1 6 11 7 10 8 8 9 7 10 5 6 3 7 4 8 4 9 5 10 5 11 G 30 () 3 7 4 8 4 9 6 10 5 11 6 12 G 7 6 8 9 10 11 3 12 G 13 9 36 In 1 7 « 8 9 10 11 3 12 6 13 9 15 9 10 6 12 13 6 15 16 6 2 1 1 1 1 1 1 1 1 1 1 1 3 1 1 1 1 1 1 1 1 1 1 1 1 1 6 1 1 2 2 2 2 3 2 2 2 2 3 3 13 B G 1 1 6 2 2 6 3 3 6 4 4 6 5 5 6 6 G 6 7 7 6 10 12 6 15 18 1 1 2 3 AND LAWS OF TRADE. 4G9 TABLE SUOWING THE SOLID CONTENTS IN TIMBER, BOXES, PACKAGES, ETC. 1.. ft. 1 2 3 4 8 9 10 II 12 13 U 15 20 25 30 111 1 2 ii 7n 4 8 1 1 4 1 8 2 1 2 5 2 9 .3 I 3 5 3 9 i 1 4 5 4 9 5 1 10 8 () 10 :( IJ ;, 1 1 'J 7 Innhea Thick by 8 1) o B 10 11 1 1 1) la n 5 9 1 1 7 1 II 2 4 2 9 3 1 3 () 3 11 4 3 4 8 5 1 510 7 9 9 9 (> 8 10 9 9 II 12 II 8l|3 2ll4 9 17 G II 5 II 5 11 5 10 4 10 4 10 4 9 2 14 I 15 II 2! 6 1 I 1 7 2 2 2 8 3 3 3 9 4 3 410 5 4 511 6 5 (ill 7 (i 8 10 8 13 4 <,10 1 a 19 3 I I 2 3 7 1 2 1 9 2 4 211 3 G 4 1 4 8 5 3 510 G 5 7 7 7 8 2 8 9 11 8 14 7 17 i!l 1 1 2 4 13 B 8 1 3 1 11 2 G 3 2 3 10 4 5 5 1 5 8 G 4 G 11 7 7 8 3 8 10 9 G 12 8 15 10 19 u 22 9i J I 1 2 4 8 B 5 11 1 4 1 2 2 3 3 4 4 4 5 5 G G 8 II 13 10 9 3 8 I 7 5 11 4 9 3 8 II 1 4 K Inoheii Thick hy OB lOB 11 B .l^>ll inB|14B 1 1 3 OG I 1 2 2 3 3 40 40 50 5 GO GO 70 70 10 12 15 180 I 01 2 3 1 1 2 2 3 3 11 4 5 5 5 7 G I G 8 / 7 8 II 1.1 II 10 8 20 1 1 2 3 7 1 3 1 10 2 5 3 1 3 8 4 3 4 II 5 G I G 9 7 4 7 II 8 7 9 2 12 3 15 3 18 4 22 2 08 1 4 2 2 8 3 4 40 48 54 GO (J 8 74 80 88 9 4 100 13 4 10 8 •JOO 24 I '£ 2 3 4 5 5 7 7 9 10 10 14 18 21 20 9 5 2 II I 4 I 9 G 3 II 8 5 1 10 5 1 8 10 1 1 2 41 04 1 2 4 9 1 7 2 4 3 1 3 II 4 8 5 5 G 3 7 7 9 8 7 9 10 10 11 11 8 15 7 19 5 23 4 28 1 2 2 5 ■»-• PLANK AND SCANTLING MEASURE. If a plank be longer than ia represented in the tables, then take twice some length. If shorter, take i or ^ some length. li. •Z Inches Thick by 10 to 'ZH Inches Wide. ft. 10 11 24 12 20 13 28 14 30 15 I3 10 35 17 37 18 39 19 41 20 21 22 23 24 25 2G 50 27 28 13 42 40 48 50 52 r>4 59 61 U 23 20 28 30 33 35 37 40 42 44 47 49 51 CA f)G 58 01 (i3 05 15 25 28 30 33 35 38 40 43 45 48 .W 53 55 58 m 03 (!5 08 70 10 27 29 32 3r. 37 40 43 45 48 51 i».i iM 59 01 04 0/ 09 72 75 17 28 31 34 37 40 4:! 45 4S 51 54 ;>< 00 02 (;■. 08 71 74 78 79 18 30 33 30 3:1 42 45 4S 51 54 57 i;(. 03 00 (59 72 75 78 81 84 19 32 35 38 41 44 48 51 54 57 00 03 07 70 l.i 70 79 82 80 89 20 3;i 37 40 43 47 50 53 o< 00 G:t 0< 70 73 1 i 80 83 87 90 93 ^1 35 39 42 40 49 53 5() (iO 03 07 09 74 77 81 84 88 91 95 98 00 37 40 44 48 51 55 59 02 m 70 ' I'k 1 1 81 84 88 92 95 99 103 23 3,S 42 4(i 50 54 r>^ 01 05 09 73 '1 84 88 92 90 100 104 107 24 40 44 48 52 50 00 01 Oi 72 70 ho .4 88 92 90 100 104 108 112 25 42 40 50 51 58 03 07 71 75 79 83 88 92 90 100 104 108 113 117 20 43 48 52 5G 01 05 (i9 74 78 82 87 91 95 100 104 108 113 117 121 27 45 50 54 59 03 08 72 1 1 81 80 90 95 99 104 !08 113 117 122 1 20 W 47 51 50 01 05 70 75 79 8t 89 93 98 103 107 112 117 121 120 131 9.d 48 53 58 ()3 ■^s 77 ,82 87 92 97 102 100 111 110 121 1 20 131 135 30 50 55 00 65 . '» SO 65 90 95 100 105 110 115 120 125 130 130 140 11 ii ,1. 1 470 FOUNDATIONS OF SUCCESS I.' Ill if PLANK AND SCANTLING MEASURE. If a plank or scantling be longer than is rcpiosented in the 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 number in the tables as will give the same length and width required. i\ 13 14 15 iH 17 18 19 20 21 '.!.) M ■21 2S 2ii 30 ft. 13 14 15 IG 17 18 10 20 21 23 24 25 2!) 27 28 29 30 10 27 29 31 33 35 38 40 42 41 4G 48 60 52 54 60 58 60 63 » l-S Inch es Thick by 10 to 87 Inches Wide. 11 12 33 13 35 14 38 15 41 IG 17 18 19 51 20 54 21 57 22 60 23 62 24 65 25 68 26 70 30 43 46 49 3-J 35 38 41 44 47 50 53 55 58 61 64 67 70 73 7G 34 38 41 44 47 50 53 56 59 63 6G 69 72 75 78 81 37 40 43 47 50 53 57 60 62 67 70 73 77 80 83 8G 39 43 4G 50 53 57 m 64 67 71 74 78 81 85 89 92 41 45 49 53 56 60 64 68 71 75 79 83 8G 90 94 98 44 48 51 55 59 63 67 71 75 79 83 87 91 95 99 103 40 50 54 58 (53 67 71 75 79 83 88 92 9(j 100 104 108 4N 53 57 61 66 70 74 79 83 88 9-J 9G 101 105 109 IN 50 55 60 64 69 73 78 83 87 92 9() 101 105 110 115 119 5;i 58 62 67 72 1 1 81 86 91 99 101 105 110 115 120 125 55 GO 65 70 75 80 85 90 95 100 105 110 115 120 125 130 57 G3 68 73 78 83 89 94 99 104 109 115 120 125 130 135 GO G5 70 76 81 ; 87 92 98 103 108 114 119 l-.'5 130 135 141 G2 G8 73 79 84 90 96 101 107| 113 118 124 129 135 141 14() ()4 70 76 82 88' 93 99 105 11 li 117 123 128 134 140 14G 152 GO 73 79| 85 91 1 97 103 109 115 121 1 127 133 139 145 151 157 G9 75 81| 88 94 lOOj 106| 113 119i 125| 131 138 144 150 156 163 27 73 79 84 90 96 101 107 113 118 124 129 135 141 146 152 158 163 169 10 33 35 38 4C 4(1 45 48 50 53 55 5n 6U 63 g:. 68 70 II 36 39 41 44 50 58 Gl 63 6G 69 72 74 80 12 39 42 45 48 51 54 57 GO 63 G(i 69 72 75 78 81 84 87 3 Inches Thick by 10 to 'il Inches Wide. 13 14 15 16 17 18 19 20 21 22 23 75 83 90 42 46 49 t)i) 6^ 75 78 81 85 88 91 91 98 46 49 53 51 60 63 67 70 74 8t 9i> 49 53 5G GO 64 68 71 75 79 83 86 90 94 98 101 105 102i 109 10'>l 113 52 5{) GO 64 68 72 7(; 80 84 88 9:.' 9G 100 104 108 112 116 120 55 GO 64 68 72 77 81 85 89 94 98 102 106 111 115 119 123 59 63 68 71 77 81 86 90 95 99 104 108 113 ii: 122 126 131 6-2 67 71 7(i 81 ,86 90 95 100 1051 110 128 135 109 114 119 124 128 133 13.^ 14; 65 70 75 80 85 90 95 100 105 115 120 12; 130 135 140 145 150 68 74 79 84 89 95 100 105 110 116 121 126 131 137 J 42 147 15S 72 77 83 88 94 99 105 110 IIG 121 12: V^'l 138 143 149 154 160 1G5 75 81 86 92 98 104 109 115 121 127 132 138 144 150 155 161 167 173 24 78 84 90 96 102 108 114 120 12(i 132 138 144 150 156 162 IGS 174 180 25 26 81 88 94 100 106 1131 117 85 91 98 104 111 119 12j 131 138 144 150 156 l(i3 1G9 175 181 124 130 137 143 150 156 163 169 176 182 189 188 195 I >' AND LAWS OF TRADE. PLANK AND SCANTLING MEASURE. If a plank or scantling be longer than is represented in the cables, 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 number in the tables as will give the same length and width required. f«. 3 l-!e Inches Thick by 10 to 'iO Inches Wide. It. IC 3fe 1 11 42 12 4(j 13 4<. 14 m 15 57 16 61 17 64 18 19 20 • 7( 21 i 8C 22 ) 8? 23 1 8: 24 91 25 91 26 13 I 6i ( 72 ) 99 14 41 4£ 411 5;^ 57 61 6: > 61 » 7'! [ 78 i 8'- ! 8t . ik: ) Q4 96 t 102 ! 106 15 44 4b 6.-i 57 61 6(j 7C 1 7'! t 71 83 8!: 1 92 • 9(j 101 lOf > 101 » 114 16 47 51 5( 61 65 7C 7C 7'J 1 84 81) 9:i 9fc 10.-] 107 112 117 121 17 5(J 5iJ 6C 64 6 Inches wide and trora 9 to 3() feet long. If a Imanl l>e lon^ror than 80 fuel, unite two nunil)ors: for .nstancc, if a l>oard is 40 feet l«»ng and KI incluis wi lu, add 30 and 10 uud > uu have Kl feet inches. For S-inch planic double the pro I net. L. (I in. \v 7 In. w HIn w »ln w lOln.w jllln.w liiln.w IDIn.iv Mill w l.tln.w ft. ft. In. ft. in. ft. 1 n. ft. < II. ft. In. ft. In. rt. 1 n. rt. in. rt. tn. 10 6 rt. in. 9 4 U 5 4 6 9 7 G 8 3 9 9 9 1! 3 10 5 5 10 6 8 7 6 8 4 9 2 <) 10 10 11 8 12 11 5 6 G 5 7 4 8 3 9 2 10 1 I 11 11 12 lU 13 9 12 6 7 8 9 10 11 12 13 14 15 13 6 7 7 8 8 9 9 10 JO 11 n 13 14 1 15 2 10 3 14 7 8 2 9 4 10 6 11 8 12 10 14 15 2 10 4 17 6 15 7 6 8 9 10 11 3 12 G 13 9 15 16 3 17 18 9 16 8 9 4 10 8 12 13 4 14 8 16 17 4 18 8 20 17 8 G 911 11 4 12 9 14 2 15 7 17 18 5 19 10 21 3 18 9 10 G 12 13 6 15 10 G 18 19 6 21 22 G 19 9 G 11 1 12 8 14 3 15 10 17 5 19 20 7 22 2 23 9 20 10 11 8 13 4 15 16 8 18 4 20 21 8 23 4 25 21 10 G 12 3 14 15 9 17 6 19 3 21 22 9 24 6 20 3 22 U 12 10 14 8 16 (> 18 4 20 2 22 23 10 25 8 27 6 23 11 6 13 5 15 4 17 3 19 2 21 1 23 24 11 20 10 28 9 24 12 14 10 18 20 22 24 26 28 30 25 12 G 14 7 16 8 18 9 20 10 22 1 1 25 27 1 29 2 31 3 20 13 15 2 17 4 19 6 21 8 23 16 20 28 2 30 4 32 6 27 13 6 15 9 18 20 3 22 6 24 9 27 29 3 31 33 9 28 14 Ifi 4 18 8 21 23 4 25 8 28 30 4 32 8 35 29 14 G 16 11 19 4 21 9 24 2 20 7 29 31 5 33 10 30 3 30 15 17 G 20 22 (i 25 9 27 30 32 6 35 37 6 li. 10 in w 17 1nw IKin w lUinw »U In w ■il in w •i'i In w •^ainw i* In w 'in in w ft. tt. in ft. in. ft. in. fr. in. ft. in. ft in. ft. in. fr. In. ft. in. ft. in. 9 12 12 9 13 6 14 3 15 15 9 16 6 17 3 18 18 9 10 13 4 14 2 15 15 10 16 8 17 18 4 19 2 20 20 10 11 14 8 15 7 10 6 17 5 18 4 19 3 20 2 21 1 22 22 11 12 16 17 18 19 20 21 22 23 24 25 13 17 4 18 5 19 6 20 7 21 8 22 9 23 10 24 11 26 27 1 14 18 8 19 10 21 22 2 23 4 24 6 25 8 26 10 28 29 2 15 20 21 3 22 6 23 9 25 20 3 27 6 28 9 30 31 3 10 21 4 22 8 24 25 4 20 8 28 29 4 30 8 32 33 4 17 22 8 2t 1 25 6 26 11 28 4 29 9 31 2 32 7 34 35 5 18 24 25 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 26 8 28 4 30 31 8 33 4 35 36 8 38 4 40 41 8 21 28 29 9 31 6 33 3 35 30 9 38 40 3 42 43 9 22 29 4 31 2 33 34 10 30 8 38 6 40 4 42 2 44 45 10 23 30 8 32 7 34 6 30 5 38 4 40 3 42 2 44 1 46 47 11 24 32 34 36 38 40 42 44 46 48 50 25 33 4 35 i» 37 6 1 39 7 41 8 43 9 45 i'v/ 4/11 50 52 1 20 34 8 36 10 oy 41 2 43 4 45 6 4w J 49 lU 52 54 2 27 3() 38 3 40 6 42 9 45 47 3 4'j a jl 9 54 50 .■ 28 37 4 39 8 42 44 4 40 8 49 51 4 on b 50 5S 4 29 38 8 41 1 43 G , 45 2i 48 4 50 9 53 .. o6 / 58 00 5 30 40 42 45 0| 47 6 50 62 6 66 67 6 (iO 02 6 AND LAWS OF TRADE. 473 WEIGHT OF ONE FOOT OF CAST IRON PIPE. Diam, Inch. 1 n 2 H ^ n 3 3.t 3i 3i 4 4i 44 4i 5 H 5^ G 6- 7 7i 8 ^ 9 n 10 lO-i 11 Hi 12 \ in.th'k 11). 3.0(5 3.08 4.29 4.91 5.53 0.74 7.3(5 7.98 8.59 9.2 9.70 10.44 11.1 11.(50 12.27 12.80 13.5 14.11 14.73 15.34 D in.tirk lb. 5.06 5.98 0.9 7.83 8.75 9.(50 10. .j8 11.5 12.43 1.3.34 14.21 15.19 1(5.11 17.08 17.94 18.87 19.78 20.71 21.03 22.55 23.47 25.31 27.15 29.00 30.83 32.9 34.52 30.. 30 38.2 40,04 41.88 43.71 45.. 55 i in.th'k g in.th'k I in.th'k I in.th'k 1 in.thk lb. lb. lb. lb. lb. 9.82 11.05 12.27 10.11 1.3.5 17.(54 14.72 19.17 23.92 15.95 20.7 25.71 17.18 22.19 27.62 .33.29 .39. 2?^ 18.35 23.78 29.45 3.-). 4 4 41.72 1 9.(54 2."). 31 31.3 37.. ")8 44.18 20.80 26.85 33.13 39.73 40.(53 22. 1 28.38 34.98 41.88 49. 1 23.37 29.97 36.87 44.08 51.0 24.54 31.44 38.05 4(5.17 54.00 25.77 32.98 40.5 48.32 50.45 2(5.99 .34.51 42. .33 50.40 59.(0 28.23 36.05 44.18 52.02 01.. 30 29.45 37. 5S 40.02 54.70 (53.81 .30.08 39.12 47.80 50.91 (50.27 31.91 40.(55 49.7 59.00 08.73 34.30 43.72 53.39 (53.30 73.41 30.82 4(5.79 56.84 (57.(55 78. .53 .39.05 49.86 00.74 71.95 83.45 41.71 52.92 (•)4.42 70.23 88.35 44.4 56.21 08.33 80.70 93.49 40.(54 59.07 71.8 84.84 98.18 49.09 62.13 75.47 89.13 103.1 51.54 65.2 79.16 93.42 108.00 54.00 68.26 82.84 97.71 113.00 .50.40 71.. 33 86.52 102.01 117.81 58.9 74.39 90.19 100.3 122.71 61.. 35 77.46 93.6 110.0 127.0 I: Bore. )x inch. 'i ?nch. I inch. 1 inch. liin. U ill- lA n. 1^ in. 2 inch. Inch. lbs. lbs. lbs. lbs. lbs. lbs. lbs. lbs. 11.S. 12i 03.5 97.3 114 132 149 107 205 243 285 13 00. 101. 118 137. 154 173.5 212 252 204 13.L 08.4 104.8 122 141.5 1(50 179 219 2(50 304 14 71. 108.2 120 140. 105 185 227 209 314 14i 73.4 112.3 130 151. 170 192 234 277 324 15 7.). 8 115.7 135 150. 170 198 242 28(5 334 15.i 78.1 119. 139 101. 181 204 2.50 295 344 10 80.7 12.3. 143 100. 187 211 257 303 355 10.^ 83.1 12(5.5 147 170.1 192 217 204 312 303 17 85.5 130. 152 178.5 198 223 271 322 370 IS 90.5 137. 101 185. 209 235 285 338 ■.m 19 95.5 144.8 109 195. 222 247 300 3.54 412 20 100. 152. 178 205. 23.3 259 315 372 432 I I I 474 FOUNDATIONS OF SUCCESS AREAS OF CIRCLES. 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Calling the diameters feet the areas are feet ; then, if a ship's water-tank, steam boiler, etc., is 5 1-8 feet, or any number of feet and parts of feet in diameter, find the area in the table which corresponds in inches, multiply it by the length in feet, and multiply this result by a cubic foot (7.4805), and the prod (^t is the answer in gallons. If, in any case, there are more figures in the diviaor ti.an in the dividend, add ciphers. til*.. AND LAWS OF TRADE. 475 LUMBER— TO FIND COST OF. To find the cost of any number of feet of lumber, remove tho decimal point three places to the left on the number of feet, and multiply by the cost of one thousand feet in all examples. Note. — Remove the point three places to reduce the number of feet to units of a thousand, and multiply/- the number of thou- .sand feet by the price of one thousand, which gives the cost in all examples, Tlius: 3121 feet of lumber at §8 a thousand; removing the point three places, we have 3.121; multiplying by 8, the price of one thousand, we have: 3.121 8 $24,908 TABLE SHOWING DIFFERENCE OF TIME IN VARIOUS CITIES WHEN IT IS 12 NOON AT NEW "YORK. Boston 12.12 p.m. Quebec 12.12 Portland 12.15 London . . . . 4.55 Paris 5.05 Rome 5.45 Constantinople . . 0.41 Vienna 0.00 St. Petersburg.. .. 0.57 Pekin 12.40 A.M. New York .12.00 M. Butlalo 11.40 .\.M. Cincinnati .11.18 Chicago 11.07 St. Loui.s .10.55 San Francisco . . 8.45 New Orleans . . . 10.50 Washington 11.48 Charleston .11.30 Havana 11.25 WEIGHTS AND MEASURES. " TROY WEIGHT. ^ - By this weight, gold, silver, platina, and precious stones (except diamonds) are estimated. 20 udtes 1 grain. 20 grains . . ... 1 pennyweight. 20 pennyweights 1 ounce. 12 ounces . . . . 1 pound. Pure gold is 24 carats fine. The term carat is alio applied to a weight of 3^ grains troy 476 FOUNDATIONS OF SUCCESS used m ■W'eighing diamonds. It is divided into four parts, called grains. Three and a half giums iroy are thus equal to four grains diamond weight. One pound troy is to one pound avoir- dupois as 144 is to 175; or, 5,7G0 grains make one pound troy, and 7,000 grains make one pound avoirdupois. APOTHECARIES' WEIGHT. The pound and ounce of this weight are the same as the pound and ounce troy, but differently divided. 20 grains troy . . . . 1 scruple. | 8 drachms . . 1 ounce troy. 3 scruples . . . . 1 drachm. | 12 ounces . . 1 pound troy. Apothecaries and physicians mix their medicines by this weight, but they buy and sell by avoirdupois. 'I ■ AVOIRDUPOIS WEIGHT. r By this weight all goods are sold, except those named under troy weight, such as groceries, vegetables, etc. 27 J I grains .. . . 1 dmchm. 25 pounds .. ..1 quarter. 10 drachms 1 ounce. IG ounces . . . . 1 pound. 4 quarters, 1 hundred weight. 20 hundred weight . . 1 ton. APOTHECARIES' FLUID MEASURE. CO minims 1 fluid drachm. 8 fluid drachms ... 1 oz. (troy). IG ounces (troy) 8 pints . . . . 1 pint. ,1 gallon. LIQUID OR WINE MEASURE. 5 ounces (avoirdupois) of water make . . . . 1 gill . . . . 4 gills make 1 pint . . 2 pints make 1 quart 4 quarts make 1 gallon . . 31 J gallons make 1 barrel .. 40 gallons make 1 tierce . . 63 gallons make 1 hogshead 2 barrels make 1 hogshead 2 hogsheads make 1 pipe or butt. 2 pipes make 1 tun. ..gil. pt. . . qt. gal. bbl. trc, hhd, hhd. 11 -L_ O AND LAWS OF TRADE. DBY MEASURE. 477 4 gills 1 pint 2 pints 1 quart 4 quarts 1 gallon. 5 quarters 2 gallons 1 peck. 4 pecks, or 8 gallons, 1 bushel. 3G bushels . . . . 1 chaldron. . . 1 wey or load. BRITISH IMPERIAL (NEW) STANDARD MEASURE, COMPARED WITH WINCHESTER AND WINE MEASURE. The extensive dealinors between Britain and the United States make it useful for business men to have an explanation of the difference between the Imperial measure for liquids and dry articles and the American Winchester and wine measures, which latter were formerly used in England. By the Imperial standard, adopted in Englana in 182G 1 gill is.. . .8.GG5 solid inches. 4 gills 1 pint. 2 pints 1 quart. 4 qts., 1 gal., or 277.274 solid in. 2 gallons 1 peck. 4 p'ks 1 bu., or 2218.191 sol. in. 4 bushels 1 i nomb. 2 coombs (8 bushels), 1 quarter. The quarter of wheat is equal to the quarter of a ton of 2240 tbs., or 5G0 lbs.; 70 lbs. in weight are an English bushel of wheat, while GO lbs. of wheat make our bushel; so that the Canadian and the United States wheat-bushel is just six-sevenths of the English or Imperial, and a quarter of wheat in England is equal to 9 1 bushels in Canada and the United States, though in capa- city to only 8 J bushels. The United States grain gallon measures 268.8 solid inches ; the wine gallon 231 inches; the imperial measures 277^ inches: this is now the authorized measure in Canada. 3G of the Ameri- can wine gallons are very nearly equal to 30 imperial gallons. The obsolete English ale and beer gallon measured 282 cubic inches. The Imperial standard gallon is a measure that will hold 10 lbs. avoirdupois of pure, distilled water, weighed in air at 62" Fahrenheit, the barometer being at 30'. E 1 478 FOUNDATIONR OF SUCCESS l! t. l! This is the unit standard in Britain, of capacity, for liquids ale, beer, wine, spirits, and dry articles not nioasured b;, apec" measure. The American Winchtjster gallon weighs lbs., 10 oz and If drachms of pure water. One Winchester quarter =0.9G045 of an imperial quarter; 3f Winchester quarters =31. 99 175 imperial; 98 Winchester =95. 00581 imperial; 100 Winchestenc 96.94470 imperial. TO REDUCE PRICE OF WHEAT, IN STERLING, PER IMPERIAL QUARTER, TO DOLLARS AND CENTS. Reduce the shillings per quarter into dollars and cents, at 24.? cents per shilling, and divide by 9J, the number of Americar bushels in an imperial quarter. Example. — Required the price of wheat per American bushe^ in Liverpool, when it fetches 58s. Gd. per imperial quarter. SSs 6d. equals $14.15, which, divided by 9^, gives $1.51 J, the price per bushel. ^ CLOTH MEASURE. ' ' 2i inches 1 nail. 4 nails . . 1 quarter of a yard 4 quarters . 5 quarters . . . . 1 yard , 1 ell, English LONG MEASURE. 3 barleycorns 12 inches . . 3 feet .. .. . . 1 inch. . 1 foot. . . 1 yard. 5 1 yards. ..1 rod, pole or perch 40 poles or rods .... 1 furlong 8 furlongs, or 1760 yds, 1 mile A hand is 4 inches; a fathom, 6 feet; 120 fathoms, 1 cable's length; a cubit, IJ feet; 69| statute, or 60 sea-miles, 1 degree, 360 degrees, a great circle of the earth; 3 miles are a league; 1 link is equal to 7.92 inches; 800=792 inches, or 66 feet, or 4 rods, or 1 chain; 80 chains =320 rods, or 1 mile. An English or American mile is 5,280 feet; a Dutch mile. 24,303 feet; a Roman, 4,884 feet; an Arabian, 6,444 feet; a Per- sian parasang, 18,108 feet; 4^ English miles make 1 German; 2^ AND LAWS OF TIIADE. 'T') Enrrlish, 1 French leagiin ; the Spanish and r'olish mile is about 3^ English miles; the Russian mile or vei-st is about J of an English mile ; the Hungarian, Danish and Swiss mile is between 5 and G English miles ; the Swedish nearly 7. SURVEYORS' LONG MEASURE. 7.92 inches (in.) make 1 link 1. 25 1. " 1 rod or pole rd. or p. 4 rd., or 6G ft. " 1 chain . . ',', ch. 80 eh. « 1 mile mi. SQUARE MEASURE. 144 square inches 1 square foot. 9 square feet . . . . , 1 square yard. 30i square yards 1 square rod or perch. 3G square yards 1 rood of building. 40 square rods 1 rood. 4 roods 1 acre. G40 acres 1 square mile. 6 square rods or 10 square chains . . 1 acre. NAUTICAL MEASURE. 6 feet 1 fatho T. 120 feet 1 cable in length. 110 fathoms, or GGO feet - - 1 furlong. 0075 4/5 feet 1 nautical mile. 3 nautical miles - - - 1 league. 20 leagues, or GO geometrical miles - 1 degree. 3G0 degrees The earth's circumfer- ence. =24,865 J miles, nearly. The nautical mile is 795 4/5 feet longer than the common mile. CUBIC MEASURE. 1728 cubic inches - . - . i cubic foot. !l :■ Ml I ■!: 480 FOUNDATIONS OF SUCCESS 27 cubic feet - - - - - 1 cubic yard. 16 cubic feet - - - - l cord ft. or ft. of wood 8 cord feet, or 128 cubic feet - - 1 cord. 40 ft. of round or 50 ft. of hewn timber,! ton. 42 cubic feet - . - . l ton of shipping. CIRCULAK MEASURE. 60 seconds 60 minutes 1 minute 1 desrree 360 degrees - 60 degrees - 00 degrees 1 circumference. 1 sign. 1 quadrant. MEASURE OF TIME. 60 60 24 7 28 seconds - - - . - minutes - - - - . hours - - . . - days ------ days ------ 28, 29, 30 or 31 days - - - - 12 calendar months - - - 365 days --»-.- 366 days 365J days 365 days, 5 hours, 48 minutes, 49 seconds 365 days, 6 hours, 9 minutes, 12 seconds HAY MEASURE. 1 minute. 1 hour. 1 day. 1 week. 1 lunar month. 1 calendar month. 1 year. 1 common year. 1 leap year. 1 Julian year. 1 solar year. 1 siderial year. The ton is sometimes the short and sometimes the long ton. 1 ton - - - 2,000 lbs. | 1 bale - - - 300 lbs. When hay sells at $16 a ton, the bale is worth S2.40; when S15, $2.25; when $14, $2.10; when $13, $1.95; when $12, $1.80; when $11, $1.65; when $10, $1.50. YARN MEASURE. 64 inches 80 threads - 1 thread. 1 skein. 7 skeins 18 hanks 1 hank (560 y'ds). 1 spindle. AND LAWS OF TRADE. QUANTITIES BY NUMBER. 12 articles 1 dozen. ] 3 articles 1 lonfr or baker's doz. 20 articles 12 dozen - COAL MEASURE. 2000 lbs. - - 1 2240 lbs. - - 1 38 cubic feet - 1 short ton long ton short ton 43 cubic feet 29 bushels 3G busnels - 481 1 score - 1 gioss 1 long ton 1 long ton 1 chaldron TO FIND WHAT WEIGHT A ROPE WILL LIFT WHEN ROVE AS A TACKLE. Multiply the weight that the rope is capable of suspending by the number of parts at the movable block, and from this subtract Dne-fourth for resistance. Thus: 8.9 tons, the strength of the rope, multiplied by 6, the number of parts at the movable block, minus the one-fourth, or 13.3, gives 40.1 tons as the weight required. PAPER MEASURE. 24 sheets - 20 quires 1 quire. 1 ream. 2 reams 10 reams 1 bundle. 1 bale. ROPE MEASURE. 6 feet - - • - 1 fathom. | 120 feet - - - 1 cable. The sizes of all ropes are distinguished by the diameter of the same ; for instance, a two-inch rope means one two inches in diameter, etc. The strongest kind of hemp rope is untarred, white, three- strand rope ; and the next in strength is that which is known as the common three-strand, hawser-laid rope, tarred. Wire rope is more than double the strength of hemp rope of the same thickness. Splicing a rope is said to weaken it one-eighth. :i 482 FOUNDATIONS OF SUCCESS 11 I < ::1 \ TO FIND WHAT SIZE ROPE YOU NEED, WHEN ROVEN AS A TACKLE, TO LIFT A CERTAIN WEIGHT. Divide tlie weight to be raised by the number of pai*ts at the movable block to obtain the strain on a single part. To this add one-third for the increased strain brought by friction, and reeve the rope of corref-.ponding strength. One-sixth of forty tons is six and two-thirds tons, which, with one-third added, is nine tons, nearly, for whic^h you should reeve a two-inch, or two and a quarter-inch rope. FOREIGN WEIGHTS & MEASURES. REDUCED TO THE CANADIAN STANDARD. (The two right-hand figures are the hundredth parts of a whole number.) FKANCE. 3.28 feet. ■10th metre) 3.94 inches. 2.00 galls. . . 26.42 g.ills. 2.64 galls, 2. 1 1 pints. 35.32 feet. 2.84 bush. 9.08 qts, .. 2.205 lbs. 220.54 lbs. 2.21 lbs. I;' ■ ■• Metre . . Decimetre (1 Velt Hectolitre Decalitre . . Litre Kilolitre . . Hectolitre Decalitre . . Millier . . Quintal Kilogramme HOLLAND. 100 lbs. 1 centner. . 108.93 lbs. Ijaat of grain . . . . 85.25 bush. Ahraofwine .. 41.00 galls. Amsterdam foot . . 0.93 foot. Antwerp foot . . 0.94 foot. Khineland foot . . 1.03 foot. Amsterdam ell . . 2.26 feet. Ell of the Hague . . 2.28 feet. Ell of the Brabant 2.30 feet. NETHERLANDS. Ell 3.28 Miul.le of Zaak . . 2/84 Vat licetolitre . . .. 26.42 Kau jitro . . 2.11 Pond kilogramme . . 2.21 HAMBTTRO. fjast of grain .. 89. P^ Ahm of wine . . . . 3' Hamburg fo^t .. O.yo Ell .. .. 1.92 feet. bush. galls. flints, bs. bush, galla. foot, feet. Spain. Quintal, or 4 arrobaa . . Arroba Arroba of wine . . Fanega of grain PORTUGAL. 100 lbs 22 11)8. (1 arroba) .. 4 arrobas of 22 lbs. ( 1 quint. Alquiere . . Mojo of grain Last of salt Almude of wine 101.44 25.36 4.43 1.60 101.19 22.26 I 89.05 4.75 23.03 70.00 4.37 SICILY AND NAPLES. Cantaro groso .. .. 192.50 Cantaro sottile . . 175.00 100 lbs . . 70.00 Salma grossa of grain 9.77 Salma generale . . . . 7.85 Salma of wine . . 23.06 Cantaro groso .. .. 196.50 Cantaro picolo . . 106.00 Carro of grain . . 52.24 r".rro of wine . . 264.00 ROME AND GENOA. Rubbio of grain . . . . 8.30 Barih of wine . . 15.31 100 lbs., or peso groso . . 76.87 1 00 lbs. , or peso sottile 69. 89 Mina of j.'rain . . . . 3.43 Mezzarola of wine . . 39.22 FLORENCE AND LEGHORN. 100 lbs., or 1 cantaro . . 74.86 Moggio of grain . . 16.59 Barile of wine . . . . 12.04 lbs. lbs. galls, bush. lbs. lbs. lbs. bush. bush. bush. galls. lbs. lbs. lbs. bush. bush. galls. lr)8. lbs. bush. galls. bush. f;alls. bs. lbs. bush, galls. lbs. bufh. galls Lsi£::=- AND LAWS OF TRADE. 4S3 PRUSSIA. 1001b8.of2Cologiicin:irk8 103.11 lbs. Quintal, 110 lbs. .. 113.42 lbs. Shctrd of grain . . 1.5G bush. Kimnr of wine . . .. 18. 14ij;iHh. Kll of cloth .. 2.19 tcot. Foot 1.03 feet. PEKMAKK. 100 lbs. 1 centner. . Harrel or toende of com Viertel of wine Uopeahagen foot SWEDEN. !00 lbs. of 5 lispunds Kan of com I.;i3t L'ann of wine Kll of cloth . . RUSSIA. lOOlbs. of 32 laths each Chertweart of grain . . S'^edro of wine Petersburgh foot Moscow foot Pood Note. — The gallons in this Canadian Imperial measure. 110. lbs. 3.95 bush. 2.04 galls. 1.03 feet. 73.70 lbs. 7.42 bush. 75.00 bush. 69.09 wills. 1.95 ffiet. 90.26 las. 5.95 bush. 3.25 galls. 1.18 feet. 1.10 feet. 36.00 lbs. V ?X1CE. 100 lbs. peso groto 100 lbs. peso sottile. . Mo^'gio of grain. . Anil'ora of wine TRIESTE. 100 lbs Stajo of grain . . Oma, or eimcr of wine Kll for woolens Kll for silk MALTA. 100 lbs. 1 cantar Sal ma of grain Foot SMYRNA. 100 lbs. (1 quintal) Oke Quillot of grain . . Quillot of wine 105.18 lbs. 61.01 lbs. 9.08 bush. 137.00 galls. 123.60 lbs. 2.34 l.ubli. 14.94 g.ilis 2.22 teet. 2. 10 feet. 174.50 lbs. 8.22 bush. 0.85 foot. 129.48 lbs. 2.83 11)8. 1.46 bu.sh. 13.50 galls. CHINA. Tail 1.33 oz. 16 tails 1 catty .. 1..^3 lbs. 100 catties 1 picul . . 133.25 lbs. Standard are of the Winchester, not MEASURES OF LENGTH IN EUROPE. y France, Belgium, Italy, Netherland.s, Switzerland, Greece, Prussia, Saxony, Hanover, Bavaria, Wurtemburg, I Germany, J Austria, j- ■. 1 metre =39 37/100, or 10 decimetres, or 100 centimetres, or 1000 millemetres. 1 stab=l metre. Imperial ell =30 G/10 inches. Fuss ==98/100 of a foot. France, Belgium, Italy, MEASURE OF DISTANCES IN EUROPE. 1 kilometre =1093.033 yards,or nearly 5 furlonois } ii I 1 I 1 ., kSpiiin, Portugal, Holland, Denmark, Norway, Sweden, Prussia, Saxony, Wurtcmburg, (Austria, Switzerlard, Russia, Turkey, FOUNDATrONS OF SUCCESS 1 English mile -1.0093 kilometres. 1 mijl lOO.S.n;}:} yards. 1 English mile -10003 mijl. 1 Danish mile —about 4.1.*]() English miles. 1 English mile — less than \ Danish mile. 1 Norwegian iiiiNi 7.021 Englisli miles. 1 English mile — about 1/7 Norway mile. 1 Swedish mile - (5,041 English miles. 1 English mile less than ^ Swedish mile. 1 Prussian mile 4.081 English miles. 1 English mile about 1/5 Piu.ssian mile. 1 Saxon milo"^4.00 Englisli milcj. 1 l^Mglish mile about 1/.5 Saxon mile. 1 Wurtend)urg mile 4.028 En./Jlsh miles. 1 iMiglish mile=:about 1/.5 Wurtemburg mile. 1 Austrian mile-^4i| English miles. 1 Er 'ish mile — about 1/.5 Austrian mile. 1 Sohweizerstunde^^ 2.982 English miles. 1 English mile-over ^ schwei/xrstunde. 1 verst--.') l/.j English furlongs. 1 English mile=over 5^ verste. 1 berre== 1.038 Engli.sh miles, about 25 English mile.s— 24 berres. LAND MEASURING. Find the number of rods by multiplying the length by tht wiilth; remove the point two places to the left; divide Vy eighl and multiply the quotient by five; or remove the point twc. places, take f of the result, and we have the number of acres Thus: 3280 rods, the point removed two places, 32.80 + 8 — 4.1 4.1x5 — 20.5 acres. What is the number of acres in 2440 rods? Remove the poinl two places, we have 24.40; % X 24.40 is 15^, the number of acre.-! y AND LAWS OF TllADE. 485 Tliis motliod is of universal ajiplicatictn, and may be stated in the followinf^ words: remove the decimal point two places to the left, and § of the (pioticnt are the nundtcr of acres. We remove the point two places to reduce the numbo;- to units of n hundred; and since tlieie are S/5 of a liundred rods in one acre, live times J of tln^ nnmlxir of hundn-d rods nnist ec^ual the number of acres; or sim[>ly the; point removed two places, and the (|Uotient divided by 8/5, C(|uals the number of acres. What are the nund)er of acres in a field 1(50 rods wide and 480 rods long? Kemove the point two places on 3(jO, and take § of the ([uotient, we find one acre multiplied by 480, the length, we ^et 4.S0 acres — answer. What is the number of acres in a field of tria. gulav shape? The base of the triangle is 800 rods, and the altitu« e 300; since the area is the base multiplied by half the altitude. Half the altitude is 150; remove the point two places on 800, and we have 8, and 5x8=5, and 5 x 150— 750, the number of acres in the field. TABLE OF GOLD AND SILVER COIN, Wrril TIIKHl VALUE AS UETEKMINED UY MINT ASSAYS. The valuation of gold is a direct calculation from weiglit and iiiiciicss at the legal rate of 25.8 grains, 900 lino, being ti(^ual to $1.00; or |i'0.G72 (nearly) per ounce of fine gold. For silver there ia no fixed valuation as compared with gold. The value of silver coins is computed at the rate of 120 cents per ounce, 000 fine, payable iit sulmidiary silver coin, that having been the mint price when tlio us.says were made. These tables generally give the one principal coin of each country, from whicii the other sizes are easily deduced. Thus, when the franc system is used, there are generally gold pieces of 40, 20, 10 and 5 francs, all in due proportion. But in silver the fractional coins are very often of less intrinsic value than the norma! coin, proportionally. These are seldom exported. GOLD COINS. COUNTRY. DENOMINATIONS. CANADA VAL United States. do ... Double Eagle. .. Eagle. Ll V. C. M. 20 00 . . 10 00 * 4.SG FOUNDATIONS OF SUCCESS GOLD COINS— Continued. i COUNTRY. DENOMINATIONS. CANADA VAI 1 United States. Ilalf-Kaglo (since 18.34). D. 0. M 6 00 1 do . . Half-l<:«gIo (before 1834). . . 6 25 1 do Quarter- l<]iigle. 2 BO fl California. . Ilalf-Kaglo. $4 90 to 5 00 H United 8tato8. (;oM Dollar. 1 00 ■ AuHtria. . . Fourfold Ducat .. 9 1.S 2 I do Souvcriiia (no longer coin cd). 6 75 4 ll do .. .... . 4 Florins (new). . . 1 93 6 n Belgium. 25 F» .mcs. 4 72 ■ Brazil. . 20 Milrcis. . . 10 89 4 11 «.;entral America 2 F.scudos. 3 G8 8 ■ do . 4Keal8. . . 48 8 u Chili. 10 Pesos (dollars). 9 13 6 ,5 Colombia and South America generally f. Old DoubUxui * . . 15 50 3 f Denmark. . Ohl 10 Thaler. 7 90 t bag and. do Bedidlik (100 piasters). . . 4 97 4 1 . Pound or Sovereign (new) t 4 86 6i ' Pound average (worn). . . 4 85 6 ■| ! I'^rance. . 20 Franc (no new issues) 3 84 7 '• J Cerman Empire Mart. 23 8 < Germany. . Old 10 Thaler (Prussian) 7 97 1 ■1 •■ Greece. 20 Drachms. . . 3 44 2 1 India, British. . Mohur, or 15 Rupees J 7 10 5 i , Italy. 20 Lire (francs). . . 3 84 7 1 J Jivpan. . Cobang (obsolete) 3 57 6 Japan . . Lineria . New 20 yen . . 19 94 4 1 Dollar 1 00 1 Mexico . O'd dnnbloon (average) . . 16 59 3 do iJ pesos (empire) . . 19 64 3 , do . 20 pesos (republic) new . . 19 51 5 Netherlands 10 guildeid 3 99 7 New G ranada . 10 pesos (dollars) . . 9 67 5 1 Norway Crowi. 26 8 Pern . 20 soles . . 19 21 3 it Portugal Coroa (crown) 5 80 7 , Russia P Sandwich Islands . 5 roubles . . 3 97 6 ' Dollar 1 00 ; 1 ^" . 100 reales . . 4 96 4 80 reales 3 86 4 T 1 do . 10 escudos .. 5 01 5 i li Swedon Ducat 2 23 7 ■ 1 do . Carolin (10 francs) ' . . 1 93 5 ■ 1! Tunis 25 piasters 2 99 5 ■ ■j Turkey . 100 piasters .. 4 37 * The doubloon (doblon, or more properly onza, though not really an ounce Spanish) is now generally discontinued. These figures answer as well for tht doubloon of Peru, Chili, Bolivia, etc., and, therefore, this item stands for all. Popayan pieces were rather inferior. t The Sovereigns coined at Melbourne and Sidney, in Australia, and distin- guished only by the mint marks M and S, are the same as those of the Loudon mint. Sovereigns generally are up to the legal fineness, 916f (or 22 carats). jThe last coinage of mohurs was in 1862. AND LAWS OP TRADE. 487 OOUWTRY. United States do do do do Austria do do do do do Belgium do Bolivia Brazil Central America Chili do China do Denmark England France do North German States do do South German States German Empire Greece Hindostan Italy do Japoa do do Mexico do Netherlands Norway New Granada Peru do do do Portugal lloumonia Eussia Spain Sweden Smtzerlond Tunis Turkey United States of Colombia SILVER COINS. denom;natiok. . Dollar Half dollar . Quartiir ilullttr t)no dime , . , . Iliilfdime Old rix dollar . Old Rcudo (crown) Florin (before 1858).. . New llorin Now union dollar . , . Maria Theresa dollar (1780) 5 francs . 2 francs New dollar . Double milreis Dollar .. ., . Old dollar New doL r . Dollar (English mint) . . 10 cents . 2 rigsdaler Piaster (new) . iShilling 5 franc (average) . 2 franc (average) Thaler (before 1857) . Thaler (new) Florin . 5 marks (new) 5 drachma . Rupee S '^re , . Lira Itzebu (no longer coined) . . 1 yen 50 sen . ] )ollar (average) • Peso of Maximillian . 2i guilders Specie daler Dollar of 1857 Old doUar Dollar of 1858 Hal^: doUar of 1836-'38 Sol 500 reis 2 lei (francs, new) liouble 5 pesetas (dollars) Peseta (pistareen) . . Ricksdaler 2 francs 5 piasters 20 piasters Peso CANADA VAL. I>. r. M, . . a> 40 . . 20 08 04 00 2 5 1 1 1 00 iyO 45 .3 71 5 1 00 96 30 96 00 91 1 4 S 1 1 04 6 90 2 1 04 10 1 08 4 04 24 5 90 35 6 71 2 71 4 40 8 90 5 SO 3 43 6 9G 17 8 33 1 1 04 42 8 1 1 1 1 1 8 5 04 03 6 01 2 08 4 96 04 3 91 37 96 48 6 35 8 73 4 96 17 8 27 3 35 6 61 2 85 2 91 8 H 488 FOUNDATIONS OF SUCCESS. II ^1 \ i: ^1; M I i ' « CO 1 g ^ c< ^ t— m 1^1 >> «»;* rt IS !^ P< <*H 9 TS 0) 5=n bn 1 c? (i> -H ^ " 00 o e u s 1 1) JS ^ a o r3 (4 4) 10 o. Vf r- B ^ m M-l ^ o 3 « o -y £ 2 bO o o bo 5-2 fl 13 (p is 13 o 13 x> tn •" 5c "^ y= CO ,x: o -fa -tJ of -2 >. « eS a '^S O M 6 43 f-. -tJ eS 'i ta-H;ooJi~-ciooeoc»-^05inc>«o-fO>(?p -^ CO ■«i< 'O 1- c; o oi CO lO o CO O -^ CO -^ to i-- o o O) CO lo to CO o -HCjco'iootococso-^oicoiotor^aociO— •co'fiotot^coo. __««_«_ ^ _^ „_ (j4 (jl 05oococoi^t--tototo-^ooo: ■ ^ o4 CO -^ ic to 1--^ q6 C5 "-^ oi CO ■>* >n to 1^ CO ci d — oi CO •^' >o : — ,^ _ _- _ ^ — ^ ^ — 71 CI 01 01 01 01, (ft (^ ^ _ a> 01 CI to CO C-. fo CO p 1- •^ — > CO 1(0 01 rv to 01 CI to CO p 1 t^ lA CO CO to CO -H to ■* 01 t- 10 so CO to CO -< to -"J" 01 ' ■»-i--iooi=^-o-^-- cotocoocoiooioi ' t-H c-i ^ CO -"ji »c »o to t--^ 00 00 d d d — oi eo' CO ■* It: to to r-^ CO ci : CO C5 05 C» l-^ to 10 -^ CO 01 01 — p C! C5 CO t- to to 10 »ti CO 01 01 — 1 P i to CS l^ Tt< i-H 00 10 01 C5 to CO to CO t- ■* — < CO 10 01 Ci to CO 1 ■ f-H 01 01 CO ■*' Tji in to to i>^ CO d d d -^ ^' 01 CO co' -i* in m' to r-^ c» j to — tcoii^oicofoo-^ciinoto — tooit-oioococ5-nc--inp; to CO C5 to 01 d in 01 CO in f^ CO in « CO •<*<■-' I- -^ I- CO to CO ■^rH 01 eoco'«tin>ntot-^t-^o6ddd'-*■ id d to t-^ CO 00 d d d --^ --^ 01 oi CO ■»*! 't in to j CO to (.0 — c: to 'f 01 t^ in 01 CO CO -- C5 to -^ 01 cv i~- m 01 p i m-Ht-.cooo'ft^ t^ 00 06 d . ' i-H <^^ o-J CO -^ "O o 'O 1^ CO o C5 o — O) oi CO ■* lo --a --S 1^ 7s C-. C5 o aj j CO o C5 01 '6 CO — <* i^ o CO o o CO o C5 01 1(0 CO >— -K 1^ o CO --3 o w| • • ■ rt' rt -^ oi oi oi CO CO CO ■<*' tjJ Tf >*' 1(5 lo »rf -^ --r *d i -1 1 -^ i--^ x t- ^ ^ CO in 01 ci to CO to CO 1- 'f -^ '■-'>""?' C-. to 01 C5 to CO oiincoocooco — •ioiini--oco>ctco--cococs — rtti-S ■ * ■ — r-i — — 01 01 01 01 CO CO CO •^ Tj< •^j! -^ in in in in d d d i>i . 1 CO 50 O CO >0 CO 0) O CO — "* O p CO O C > C'l CO C5 01 O CO -. -C 1^ O ' O 1 04 Tf -O C5 -H CO O CO O CO >n 1-; O C< Tf « « .-< CO O CO O CO i.O t^ o 5'* • • • * r-! --< r-M'-i ci w ci ci CO CO CO C'5 1 5 •Tj! Tjl T(< T)I ic ifj irj lo o y| rs cc t'. CO in "t CO 01 oi — C5 f " t-> CO in Tt CO CO 01 — — CO in i^ C5 — CO in I- — < CO 1.-5 ti CO t J C) v CO c» 01 ■* CO CO © „■ ^ „■_■_; (7i 01 oi oi oi CO CO c5 CO CO -t -^ -r)! r)! TjH in tn i-ico>--(F-(F-( — c<01(N0<0JC« Q <« O 'O O >rt O 'Ci O lO O O O >0 O >C O •'5 Q >« O «5 p I- tft C) O I- 'O CI O I- 'O "N O 1- O (M O t-; O 11 O I- >ft CI O t^ >ft ^ jc ifi i-^ CO d ci -+ >o 1-^ ci — ■ ci ■* -i c» ci — w: >d -o co d ci cc >6 _ _ -., ^ « « iji (M ij) (ji (ji (j4 c-H CI ■«}< in t-^ CO d -^' ci -^ in* d co d -^ ci re in d oJ d d ci ic in d — — — —> — —'—' CI CI ci ci CI CI Ci re TC re jc TC in o in ce_ 1-; q ^SgSJSSSSJ^S^Sgoo^ooogoggooo ce in CO cc « C5 ^c.re.n-oi.oo-ce;.in222?5?l?i;^:flV7?5?;;=?J?? o CI i-H VTS;^,^c1gl';8''^Sl'^8:r1iil28^TSriS!:lSl^,8'c^S r^ ci ee >n d t- CO d -; ci « ijc d I-- <» d — ci re ic d t^-- a> d ;^ ci -H re -i< cc •■£ C: ?.?8SS?558S8??^88S?iiS8S?J§SgS?? -cire'i 8888 8888 8S8SS888SS8888888S -.cire^indt^oiddfcire^jodi^^dd-si^^od ! m = ic 1 CI in I-- m o m o m o >n o in o m o m o m o m o m o m o m o m o C-. C-- >J 'jr I- 1- « -^ m in Tf -* re cv c 1 CI o o c. o » x i- i , ■ -^ ci re •* in d t-^ 00 d d -h' ci re -t in d i-j cc d d d — ' ci re ^ ■t en — CI ■* t-. i OQOOOOOOOOOOOOOOOOOOOOOOOO cv 00 I- ?o in t re CI — o C5 CO t- «5 m ■* re CI ~ o ff-. CO 1- ta m ■* cc m x CI t --c rt ci re ■* in d i-- CO d d d -^ ci re M-' iri d r- co' ^ C-. d — c re • in o in o in o m o m c in o in o in Q o o in Q in o m o in o CO t- in Tft CI -i Ci CO o in re CI q C5 1- 3 -^t re '- O CO 1- m -f CI -i ■ ^ ^ cc Ti< in in d i-^ CO d d .-^ --^ ci re -J in d i!-; t-i CO d d -^ c — re -I- CI ■* q 885?58S8??58SS??i8?S??^Sg8???8S ■ -^' ci cc ■* t' in d i^ CO d d o -;- ci ci re tjJ in d d i-^ co' d d c loo^ [ CI Tt t£ ' ' ' 1 in o in o in o m o m c in o in o in o in o in o in o >n ^ in o i^ in CI o i^ m ct o i- m ci 5 i- m ci o i- m ci ;= i- m ci 5 i- He ■ f^ ci cc ce ■* in d d i- co d d d — ci ci re i« in in d i-^ co co d 1 Ci CO -c 1 — ce m 1 ■ ■ ■ ' -^ CI ci cc -di ■* in d t^ i^ 00 C-. d d -- -- ci K ■* i! in d d I- » <» mcc " t'^ '•• ^ in o m o m o in o in o in c in o in o m o m © m o in o in o CO cc S5 o CI q in ci aa in -• oo -t — i- -t c i-; re q q re c: 3 ci m • rt" rt ci cc cc" >*' in in d i>^ 1^ (/) d d d -|> — ci ce cc 't -^J in d d 1 oceci [ — ' ce ■» 1 ■ ■ ■ • «■ -^ c-i re re Tj< ■»t in d d t- 1- CO d c: d d ~ ci ci cc* re -^ in in mc in -iq^_ m o in o in o in o in o m o in o in o in o in o in o in o in o in — ffl CI I- cc JO Tf. 55 in q q — i- ci q re q ■* 5 m — o ci i-i re •^«cicicecc'* <*inddt-it^a6o6ddo — — cici^icc-^ ■^ OD — "l '^i "* OQ r-lr-(i-lr^i-(f^r-(rt»^«CI0^6^r|CiC-IC^ ■^Cl ■* f-i i-H e. 1- rt T) W' ^ o ^ g s -a m j: 1^ -i-> -tJ o rt -•-> tia a S O id a eS >, V ^ ■u •TS »o IK 3 ^M ^f^ s V o jq y +* >i o 'Tj 'S rtT3 i" A ^4 4) % r1 ■| U « b t^ i g 43 OD O 0) V +3 2 .3 13 1 < h a> 1 a WO t— in ;! ^ f5 ggsssss i goggoooos^o CO 10 ggggogo •sMiiuux J^ to -o ifs >-; to 10 10 ire u5 " •xinciuix 1* iO ifj 10 ifj ira 10 ■* -1< -^ -^ ■* •»*< 10 ire 10 ire '^ -^ •>* ■* •UMHIJ^.I'^S (M 01 CO CO •uiuo .>:riiis<) r-- CO CO CO CS CO 01 04 CO CO i •MIUIV IfS 10 1(5 IfS 110 10 ire ire 'U)i!.iii>o in •0 to to to to '-3 to to td» m 10 10 10 IC3 >(5 IQ 10 »0 •jo.voia g 83i'3S3g gooogsoogoooo 3 ■ssiuD an\\\ ■* 2J ^^ ^1 *^ ^1 ^< ^ *5< ^^ '^ yj* ^^ «— 4 *i4 >-4 P>H •4H's 1^ s-^8 lO 10 10 >f5 ifj if5 10 »? lO »o •JAM f^ •0 10 10 IfJ ■-0 -o -J -o -o --o -o 10 10 10 }< CO 10 10 1(0 >0 O >0 i(? 1(5 1(5 i(S 1(5 10 1(5 1(5 KJ •8I!0,I sss s sss 00 — 00 10 '-O M" 'o to -o s ■q,AVs,'Kaiiiiii<>)l tc to 10 10 000 00 1(5 to 1(5 1(5 i(i 1(5 1(5 to ino •«i< ire ire tisui 'ko.1 ooooooo;-go;ooo 3 10 to --S 1(5 to to S to to to to S S to 1)01.1(1 'ti.)i|. )«.>,! M CO CO CO CO CO M CO CO X CO CO CO 00 CO CO C0OlC0C00^O4COCO CO c^ ■S1VC) 00 ■ri CI x> JC M 'Tl T^l 'M M -M CI 'C CO CO CO CO cc cc CO CO 1(5 01 01 CO 01 01 01 01 01 CO C'7 CT CO CO CO CO CO CO CO 01 01 01 01 ■^^ 01 CO CO CO CO CO CO •KUOUIO !?3 10 10 1^ 1- 1- to I'" -^ CO 1- 1(5 10 10 10 10 1(5 -f 10 I~ 1^ 1, 1^ ire ire 10 ire •Aoi.niU 'i\rm CO CO CO -T CO CO CO CO 01 CO CO P.M.lsun'a""'! S ^-.'^ g 00 * * MMtll — • l-l^ CO 00 00 00 •piai^ uaoj ^i^ ^ as X ;o •^ tn -^ -< 1'?^ -• 1(5 1(5 IQ ■•t ss •poiiaus 'luo;) •0 10 10 -O QO '-0 *-C -^ -^ 'O •0 IT IQ i^ »'^ »0 »0 »0 l*; to to ^ to t.; to to to to to «0 to CO to to (N to >0 1 : 10 1(5 10 1(5 1(5 10 10 10 10 10 1- 10 U5 10 .iTijr 'u.U)0 RRR 00 00X0 1 ^ 1 - 1 - 1 - r^ to 1^ 00 •ptoo g * 00 X (» I'- •ltlOllA\>tdllU 2 CO OD i.T » X Z) c» X Tl •^ -t< •^i ■«*" -f -+ -t> •»*< 'ft' 1^ to 01 01 xo 01 01 01 01 Q(N oei 10 10 10 10 1(5 -t 10 10 1(5 m 10 10 iC >0 Tl< •* •lULlH f5 ^ 8^ 8 04 01 01 01 •OIIUAV 'siiuou ss 3 S Sii^S g ggggggg 88§S •ao48«o Smwu !0 to to to to to ■^ -t -f .H< -^ -tl to to to to AOl-niu ^ OO CO <» X l-Xl-CO CO X COOXXXXCXXXXXXXOOOQtO ■4-fTt<-^-^-»*<-t-ft"'t<' .21 .24 .27 .30 .33 .36 .37 A .39 .42 4 . J .12 .]() .20 .■24 .28 .32 .36 .40 .44 .48 .50 .52 .56 5 .K .15 .20 .25 .3C .35 .40 .45 .50 .55 .60 .(52A .65 .70 6 .K .18 .21 .30 .3( 42 .48 .54 .60 .66 .72 .75' .78 .84 7 .14 21 .2.^ .35 .4-J .49 .56 A\:i .70 .77 .84 .87i .91 .98 8 .10 .24 .3-J 40 At .56 .()4 .72 .80 .88 .96 1.00 1.04 1.12 9 .KS .27 .3(; .45 .54 .63 .72 .81 .90 .99 1.08 1.12.1, 1.17 1.26 10 .21 .30 .4(1 .50 60 .70 .80 .90 1.00 1.10 1.20 1.25" 1..30 1.40 11 .2'i .33 .41 ail .6(j 77 .88 .99 1.10 1.21 1.32 1.37i 1.43 1.54 12 '.2~4 .3() .48 .60 .72 .84 .96 1.08 1.20 1..32 1.44 1.50 1.56 1.68 13 .2() .39 .52 .65 .78 .91 1.04 1.17 1.30 1.43 1.5(5 1.62i 1.69 1.82 14 .28 .42 .56 .70 .84 .98 I 12 1.2(1 1.40 1.54 1.(58 1.75 1.82 1.96 15 .30 .45 .60 .75 .ooji.or 1.20 1.35 1.50 1.65 1.80 1.87A 1.95 2.10 16 .3-: .48 .6 J .80 .96 i.l: 1.28 1.44 l.(JC 1.76 1.92 2.00" 2.08 2.24 20 .40 .GO 8(, 1.00 1.20;].4( l.(iO 1.80 2.CX: 2.20 2.40 2.50 2.(50 2.80 30 •GO .90 1 .2( 1.50 1.80 2. K .'.4( .'.70 3.0( 3.30 3.(5f 3.75 3.90 4.20 40 80 1.20 1 .60 i.OO 2.40,2.81 ?.2( {.6; 4.0( 4.40 4.8( 5.00 5.20 5.60 50 IOC 1.50 -J .00 _'..50 3.00 3.5( t,0( 1.5( 5.01- 5.5C 6.00 6.25 6.50 7.00 60 1.2C I.SU-2 .40 .{.00 3.60 4. 2( kSO ').U 6.0( ()AK 7.2c 7.50 7.80 8.40 70 1.41 >.i0 2 .80 3.50 4 20 4.9i ').6( i.3( 7.0( 7.7t 8.4( 8.75 9.10 9.80 80 l.GO .'.4u ;i .20 i.0(J ■4 80 5.()( i.4( ■.2( 8.01 8.8( 9.(5( 10.00 10.40 11.20 90 1.8(1 i.:vA .(iU t 50 .").10 6.;{' ■.2( S.l( 9.0( 9.91 10. S( 11.25 11.70 12.(50 100 2 00 i. 00 4.00 5.00 (i.00 7.0t <.0( l.0( D.Oi 11.00 I2.0( 12.50 I3.0( 14.00 Nos. lii C l(i c 17. .34 18 o .36 llic ■ .38 '2(1 !■. •■''■••■ 1--^ 44 23 c 46 ■21 c .48 '25 c .5( ■20 c 3 ~5; '27 c o .30 32 .41 ) .42 . 1 .54 3 .4.5 4h 51 .54 .57 .6C ) .63 .66 .69 .72 .7. 3 .7f ^ .81 4 .61 .64 .68 .72 .76 .8( ) .84 .88 .92 .96 1.0( ) 1.0 1 1.08 5 7^1 .80 .85 .90 .95 1.0( ) 1.05 1.10 1.15 1.20 1.2. 5 1.3( ) 1.35 6 90 91] 1.02 1.08 1.14 1.2( ) 1.26 1..32 1.38 1.44 1.5( ) 1.5( 5 1.(52 7 1.0.-) 1.12 1.19 1.26 i..33 1.4( ) 1.47 1.54 1.61 1.68 1.71 J 1.8-. i 1.89 8 1.20 1.28 1.36 1.44 1.52 l.(5C ) 1.68 1.76 1.84 1.92 2.0< ) 2. Of ^ 2.16 9 1..3.-) 1.44 1.53 l.()2 1.71 1.81 ) 1.89 1.98 2.07 2.16 2.2; ■) 2. .3s 1 2.43 10 L.^U 1.6C 1.70 1.80 1.90 2.0( ) 2.10 2.20 2.30 2.40 2!5( ) 2.(5( ) 2.70 11 l.G.-) ].7(J 1.8V 1.98 2.09 2.2t ) 2.31 2. 42 2.53 2.(54 2.7i ■) 2.8( 5 2.97 12 1.80 1.9'. 2.04 2.16 2.28 2.4( ) 2.52 2! (54 2 76 2.88 3.0( ) 3.11 > 3.24 13 1.95 2. OS 2.21 2.. 34 2.47 2.6C ) 2.73 2.86 2.99 3.12 3.2; ) 3.3i S 3.51 14 2.10 2.24 2.38 2.52 2.66 2.8t 2.94 3.08 3.22 3.3(5 3.5( ) 3.(5^ I 3.78 15 2.25 2.4C 2.55 2! 70 2. 85 3.0( 1 3.15 3.30 3.45 3.(50 3.7i ) 3.9( ) 4.05 IG 2.40 2..1( 2.72 2.80 3.04 3.2c ) 3.36 3.52 3.68 3.84 4.0f ) 4.1( 5 4.32 20 3.00 3.2(J 3.40 3.60 3. SO 4.0( ) 4.20 4.40 4.()0 4.80 5.0( ) 5.2c ) 5.40 30 4.50 4.S(] 5.10 5.40 5.70 6.0f » 6.30 6.(50 6.90 7.20 7.51 ) 7.8C ) 8.10 40 G.OO G.4C 1 6.80 7.20 7.60 8.01 8.40 8.80 9.20 9.(50 lO.OC ) 10. 4C ) 10. SO 50 7.50 8.CC 8.50 9.00 9.50 10.01 10.50 11.00 11.50 12.00 12.5C ) I3.0( 13.50 GO 9.00 9.6(] 10.20 10.80 11.40 12.0t 12.60 J 3.20 13.80 14.40 15.0C » 15.6( 1(5.20 70 10.50 11.2(1 11.90 12.60 13.30 I4.0( 14.70 15.40 1(5.10 16.80 17 5( • 18.2( 18.90 80 12.00 12.8(1 13.(i0 14.40' 15.20 1 ().()( 16.80 17.60 18.40 19.20 •20. 0( I 20 8( ) 21.60 90 13.50 14.4( 15.3tl l(5.20| 17.10 I8.0( 18.90 19.80 20.70 21.60 22. 5C » 23.41 > 24.30 100 15.00 16.00 17. 00 li J.OOl 19.00 20.0c 21. 00 22. DOl 23. M) 24. ( JOI 25.01 ) 26. OC 1 27.00 I i (92 FOUNDATIONS OF SUCCESS READY RECKONER, 2,240 LBS. TO THE '^ON. If the No. required is not in the Tables, acM the amount of two Nos. together. !' jbs. ct| cti rt $ ct 25:50 761 00 10 15 20 25 30 40 60' 60' 70 So 90 100 200 300 400 500 600 700 800 900 100(){11' I100!l2 l20Uii;j| i:?()o'i4 I4U0 l() 100U17' 1 2 3 4 6 7 8 9 10 1 1 2 2 2 2 4 710 913 11 17 13 20 16 23 18 27 20 30 •22 ;!3 2.-) 37 27 40 29 44 3 1 47 ;j3 r,o 1 1 2 2 3 3 4 4 4 9 13 18 22 27 31 36 40 4;") 49 54 1 58 1 62 1 67il $ ct .^ ct ,1^ ct $ ct 2 00 3 00 4 00 5 00 1 2 2 3 4 4 5 6 7 8 9 18 27 36 45 54 63 711 801 89 1 98|1 071 161 25 1 34 2 1 2 3 3 4 5 6 8 9; 121 13| 27j 40' 54| 67j 80|1 94 1 07,1 21!1 34 1 47(1 612 742 S7|2 0l!2 2 3 4 4 5 7 9 11 12 14j 16 isi 36) 54 71 89 07 c 00 ct 00 3 4 5 7 8 11 13 16 19 21 24 27 54 80' 1 07 25 1 43|l 6; 2 7i)!2 96|2 14;2 32I2 5u,;i 68s{ 2 3 4 5 7 9 11 13 15 181 201 22I 89' 12 1 34 34i 1 61 1 I ct' $ ct' ;$ ct $ ct 8 00; 9 0010 00 11 00 56 70 01 23 46 68 90 12i / 2 14 2 41 2 68 2 95 3 21 3 48 3 75 3 5 6 8 9 13 16 19 22 25 1 28' 31! 631 94 25! oij. 88' 19' 50 81 13 44i 75 06 38 4 5 7 9 11 14 18 21 25 29 32 36 71 1 07 1 43 1 79 2 14 2 o 50 86 21 57 .35 4 02 4 69 3 93 4 20 4 64 5 00 5 36 4 6 8 10 li 1(: 20 24 28 32 36 40 80 1 21 1 61 2 01 2 41 2 81 3 21 3 62 4 02 4 42 4 82 5 22 5 62 6 03 4 7 9 11/ 13 18 22 27 31 36 40 45 89 34 79, 23 68 12 57 02 46 911 36 80' :^l 7U' / 10 12 15 20 25 2!) 34 39! 41 491 98! 1 47 96 46 95 1 2 2 3 44! $ ct 12 00 5 8 11 13 16 21 27 32 37 43 48 54 07 61 24 93 42 91 40 89 38 87, 2 68 3 21 3 I a 4 29 4 82 5 36 5 89 6 43 6 96 7 50 8 g4 Lbs. 10 15 20 25 30 40 50 60 70 80 90 100 200 300 400 6()(> 600 $ ct 13 00 6 9 '2 .5 17 23 29 35 41 46 52 58 1 16 1 74 2 32 2 90 3 48 $ ct 14 00 700 4 06 8OO' 4 64 900' 5 22 lOOOi 5 80 1100, 6 38 1200 6 96 1.300 7 54 HOO' 8 12 6 9 13 16 19 25 31 38 44 50 56 63 1 25 1 88 2 50 3 13 3 75 4 38 $ ctl § cr $ ct $ ct, ;;) cC| $ ct 15 00 16 00 17 00 18 00 19 00 20 00 / 10 13 17 20 271 33 40 47 54 60 67 1 34 2 01 2 68 3 35 4 02 4 6'J / 11 14 18 21 29 36 43 50 57 64 71 1 42 2 14 2 86 3 57 4 29 5 00 5 71 6 43 7 14 7 86 8 57 9 28 10 00 150) 8 70 9 38 10 OtIO 71 5 OOl 5 36 5 63 6 03 6 251 6 70 6 88, 7 37 7 501 8 04 8 13! 8 70 8 75! 9 37 8 11 15 19 23 30 38 46 63 61 68 76 1 52 2 28 3 04 3 79 4 55 5 31 6 07 6 83 7 59 8 35 8 12 16 20 24 32 40 48 56 64 72 80 1 61 2 41 3 21 4 02 4 82 5 62 6 43 7 23 8 04 8 84 9 11| 9 64 9 87|10 45 10 62,11 25 11 38 12 0.-) 8 13 17 21 25 34 42 51 59 68 76 85 1 70 2 54 3 39 4 24 5 09 5 94 6 79 7 63 8 48 9 13 18 22 27 36 45 54j 62! 71 80 89 1 79 2 68 3 57 4 46 5 36 6 25 7 14 8 04 8 93 ^ ctl ct 21 00 22 00 9 14 19 23 28 38 47 5(i 6(i 75 81 94 1 88 2 81 3 75 4 69 5 63 6 56 10 15 20 25 29 39 49 5!( 69 ^• / 88 98 1 9(' 2 95 3 93 4 91 5 89 6 87 7 50| 7 8(i 8 44I 8 84 9 3Sj 9 82 § ct 23 00 9 33 9 82 10 31 10 80 10 18|10 71 11 25' 11 711 11 03 11 61 12 19 12 77 11 87112 50 13 13' 13 75 12 72 13 .39 I I 06 14 10 2i 26 31 4! 51 62 72 82 92 1 03 2 05 3 OS 4 11 5 13 6 16 8 ct 24 00 / 1:' 8 21 8 . 9 24 9 ( 10 27 10 ' 11 29 11 ' 12 32 12 f 13 35 13 1 14 00 15 ( 15 40 16 ( 11 16 21 27 32 43 54 64 75 86 96 1 07 2 14 3 21 4 29 6 36 6 43 ■>o 57 64 71 70 86 93 00 07 AND LAWS OF TRA.DE. • READY RECKONER, 2,240 LB&. TO THE TON. If the article cost $12.50 per ton, add the amounts under $12 and 50 cts. together. $ ct § ct S Ct| S Cti S ct S cti $ Ct| $ ct $ ct $ ct $ ct 9 ct Lbs. 25 00 11 26 00 12 27 00 28 00 29 00 30 00 31 00 1 32 00 33 00 34 00 35 00 36 00 10 12 13 13 13 14 14^ 15 15 16 16 15 17 17 IS 19 19 20 21 21 22 23 23 24 20 22 23 24 25 26 27 28 29 29 30 31 32 25 28 29 30 31 32 33 35 36 37 38 39 40 30 33 35 36 38 39 40 41 43 44 46 47 48 40 45 46 48 50 52 54 55 57 59 61 63 64 60 56 58 60 63 65 67 69 71 74 76 78 80 60 67 70 72 75 78 80 83! 86l 88 91 94 96 70 78 81 84 88 91 94 97 1 00 1 03 1 06 1 09 1 12 80 8!) 93 96! 1 00 1 04 1 07 1 11 1 15: 1 18 1 21 1 25 1 29 90 1 00 1 04 1 08| 1 13 1 16 1 21 1 25 1 27! 1 33 1 37 1 41 1 45 100 1 12 1 16 1 21 1 25 1 2„ 1 34 1 381 1 43; 1 47 1 52 1 56 1 61 200 2 23 2 32 2 41 2 50 2 59 2 68 2 77 2 86 2 94 3 04 3 12 3 21 300 3 35 3 48 3 62 3 75 3 88 4 02, 4 15 4 29 4 41 4 55 4 69 4 82 400 4 46 4 64 4 82 5 00 5 18 5 36 5 54 5 71 5 89 6 07 6 25 6 43 500 5 58 5 80 6 03 6 25 6 47 6 70 6 92 7 14 7 37 7 50 7 81 8 04 600 6 70 6 96i 7 23 7 50 7 77 8 04 8 30 8 57 8 84 9 11 9 38 9 64 700 7 81 8 12 8 44 8 75 9 06 9 37 9 09 10 00 10 31 10 62 10 94 11 25 800 8 93 9 29 9 04 10 OO'IO 36 10 71 11 07 11 43 11 79 12 14 12 50 12 86 900 10 04 10 4510 85' 11 25 11 65 12 05 12 46 12 80 13 26 13 66 14 06 14 46 1000 11 16 11 62 12 05|l2 5012 95 13 39 13 84 14 29 14 73 15 18 15 63 16 07 1100 12 28 12 7713 20'l3 76'l4 24 14 73 15 22 15 71 16 21 16 70 17 19 17 68 1200 13 39 13 93ll4 46 15 09; 15 54 16 07 16 61 17 13 17 68 18 21 18 75 19 29 1300 14 51 15 09 15 67 16 25 16 83 17 41 17 99 18 57 19 15 19 73 20 31 20 88 1400 15 62 16 25 16 87 17 5018 12 18 75 19 37 20 00|20 62 21 25 21 88 22 50 1500 16 74 17 4118 0818 7519 42 20 00 20 76 21 43|22 10 22 77 23 44 '24 11 $ ct .^ ct $ ct $ ct $ ct $ Ct| $ ct $ ct $ ct $ ct $ ct $ ct Lbs. 37 00 38 00 39 00 40 00 41 00 42 00 43 00 19 44 00 45 00 50 00 55 00 60 00 10 17 17 17 18 18 19 20 20 22 25 27 15 25 25 26 27 27 28 29 29 30 33 37 40 20 33 34 35 36 37 38 38 39 40 45 49 54 25 41 42 44 45 46 47 48 49 50 56 61 67 30 50 51 52 54 55 56 57 59 60 67 74 80 40 6(5 68 70 71 73 75 77 79 80 89 99 1 07 50 83 85 87 89 92 94 96 98 1 00 1 12 1 23 1 34 60 99 1 02 1 04 1 07 1 10 1 13 1 15 1 18 1 20 1 34 1 47 1 61 70 1 16 1 19 1 21 1 25 1 28 1 31 1 34 1 37 1 41 1 56 1 72 1 87 80 1 32 1 36 1 39 1 43 1 46 1 50 1 54 1 57 1 61 1 79 1 96 2 14 90 1 49 1 53 1 57 1 61 1 65 1 69 1 73 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 31) 3 39 3 48 3 57 3 66 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 5 89 6 03 6 70 7 37 8 04 400 6 61 6 79 6 96 7 14 7 32 7 50 7 68 7 86 8 04 8 93 9 82 10 71 500 8 26 8 48 8 71 8 93 9 15 9 38 9 60 9 82 10 94 11 16 12 28 13 39 600 9 91 10 18 10 45 10 71 10 98 11 25 11 52 11 79 12 05 13 39 14 73 16 07 700 11 56 11 87 12 19 12 50 12 81 13 13 13 44 13 75 14 06| 15 62 17 19 18 75 800 13 21 13 57 13 93 14 29 14 64 15 00 15 36 15 71 16 07 17 86 19 64 21 43 900 14 87 15 27 15 67 16 07 16 47 16 88 17 28 17 68 18 08 20 09 22 10 24 11 1000 16 52 16 96 17 41 17 8(i 18 30 18 75 19 20 19 64 20 09 22 32 24 55 26 79 1100 18 17 18 66 19 15 19 64 20 13 20 63 21 12 21 61 22 10 24 55 27 01 29 46 1200,19 82 20 2() 20 89 21 43 21 96 22 50 23 04 23 57 24 11 26 79 29 46 32 14 130021 47 22 05 22 63 23 21 23 79124 38 24 95 25 53 26 12 49 02 31 92 34 82 1400 23 12 23 75 24 37 25 09 25 63 26 25 26 87 27 50 28 12 31 25 .34 37 37 50 1500 24 78 •?5 45 26 1226 79 27 45 28 n •».S 79 29 46 30 13 ,33 4F 36 83 40 18 t. " \ 404 FOUNDATIONS OF RUCCESR n ■if I: it- IH If I PRODUCE AND MERCHANDISE READY RECKONERS. HAY, BUITEI!, CHEESE, LARD, AND OTHEU PUODUCK. t "f^ Lbs. 3 7 10 20 30 40 50 60 70 80 90 100 200 300 400 500 600 700 800 otict 50 75 900:11 $ ctlii5 ct. 1 002 00 3 4I 8' 111 10115 13 19 23 26; 30 23|34 25138 1000 13 1100'14|28!41 1200 15 30[45 1300 16|33 49 1400 18 35|53 1500 19138156 1 1 2 2 3 3 4 4 5 5 10 15 20 25 30 35 40 45 50 1 55,1 60 1 65 1 70 1 751 •5 ct 3 00 * cl 4 00 1 1 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 00 10 20 30 40 50 $ ct 5 00 1 2 3 6 6 8 9 11 12 14 15 30 45 60 75' 1 90 05 20 35 50 05 80 95 10 25 1 1 o 4 6 8 10 12 14 16 18 20 40 60 80 00 20 40 60 80 00 20 40 60 80 00 » ct, 6 00 7 Ovj 1 2 3 5 8 10 13 15 18 20 23 25 50 75 00 25| 1 ... 50! 1 80 75 2 10 OOi 2 40 25; 2 70 ro! 3 00 1 2 3 6 9 12 15 18 21 24 27 30 60 90 1 20 50 ^ ct !;? et 8 00 9 00 2 75! 3 30 00! 3 00 25 1 3 90 50; 4 20 75' 4 50 1 2 4 7 11 14 18 21 25 28 32 35 70 05 40 75 10 45 80 15 50 85 20 55 90 25 1 3 4 8 12 16 20 24 28 32 36 40 80 1.20 1 60 2 00 40 80 20 60 00 40 80 20 5 60 6 00| 1 3 6 9 14 18 23 27 32 36 j 41 45 90' 35; 80 25 70 % cti ^ ct 10 00 11 00 3 15 60 05 50 95 5 40 5 85 30 6 75' 2 4 5 10 15 20 25 30 35 40 4r 50 00 50l 00 50 00 50 00 50 5 00 5 50 6 00 6 50 7 00] 7 50 2 4 6 II 17 22 28 33 39 44 50 55 10 65 20 75 3 30 3 85 4 40 4 95 5 50 6 05 60 15 70 25 I ct 12 00 2 4 6 12 18 24 30 36 42 48 54 60 20 80 40 00 00 20 80 5 40 6 00 60 20 80 40 9 00 Lbs. 7 10 20 30 40 50 60 70 80 90 100 200 300 400 500 6O0 700 800 900 1000 1100 1200 1300 1400 mo') 13 cti $ ct $ ct 00 14 00 15 00 2 5 7 13 20 26 33 39 46 52 59 6-) 30 95 60 25 90 55 20 85 50 15 80 8 45 9 10 75 2 5 7 14 21 28 35 42 49 56 63 70 40 10 80 50 20 90 60 30 00 70 40 10 80 50 2 5 8 15 23 30 38 45 53 60 68 75 50 25 00 75 50 25 00 75 50 25 16 Ct|$ 0017 CO; 9 7610 50I11 25^12 2 6 8 16 24 32 40 48 56 64 72 80 60 40 20 00 80 60 40 20 00 80 60 40 20 ct| $ 00 18 00 12 3 6 9 17 26 34 43 51 60 68 77 85 70 55 40 25 10 95 80 65 50 35 20 05 90 75 ct 00 $ ct 19 00 3 6 ■9 18 27 36 45 54 63 72 81 90 80 70 60 50 40 30 20 10 00 90 80 70 60 50 3 7 10 19 29 38 48 57 67 76 86 95 90 85 80 75 70 65 60 55 50 45 40 35 30 25 (!t 20 00 3 7 10 20 30 40 50 60 70 80 90 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 S ct 25 00 4 9 13 25 38 50 63 75 88 00 13 25 50 75 00 25 50 $ ct 30 00 8 75 10 00 11 25 12 50 13 75 15 00 16 25 17 50 18 75 5 11 15 30 45 60 75 90 05 20 35 50 00 50 6 00 7 50 9 00 10 50 12 00 13 50 15 00 16 50 18 00 19 50 21 00 22 50 S ct 40 00 6 14 20 40 60 80 1 00 1 20 1 40 1 60 1 80 2 00 4 00 6 00 8 00 10 00 12 00 14 00 16 00 18 00 20 00 22 00 24 00 26 00 28 001 30 00 S ct 50 00 8 18 25 50 75 00 25 50 75 00 25 50 5 00 7 50 10 00 12 50 15 OC 17 50 20 OC 22 5(1 25 OC 27 5C 30 OC 32 5C 35 OC 37 5C AND LAWS OF TRADE. !.0' READY RECKONER For Boarding Houses, Hotels, &c. These tables give the amount of every ar.'l any number of days, from 1 to 7, at fr%ii 50 cents to 12 dollars per week. Days. 50 c. 75 c. $1 00 §1 25 31 50 §1 75 $2 00 §2 25 $2 50 $3 00 1 7 11 14 IS 21 25 29 32 36 43 2 14 21 29 36 43 50 57 64 71 86 3 21 32 43 54 64 75 86 96 1 07 1 29 4 29 43 57 71 86 1 00 1 14 1 29 1 43 1 71 6 36 54 71 89 1 07 1 25 1 43 1 61 1 79 2 14 G 43 04 82 1 07 1 29 1 50 1 71 1 93 2 14 2 57 7 50 75 1 00 1 25 1 50 1 75 2 00 2 25 2 50 3 00 Days. $3 50 §4 00 •f4 50 $5 00 §6 00 §7 00 $8 00 $9 00 §10 00 1 50 57 64 71 86 1 00 1 14 1 29 1 43 2 1 00 1 14 1 29 1 43 1 71 2 00 2 29 2 57 2 86 3 1 50 1 71 1 93 2 14 2 57 3 00 3 43 3 86 4 29 4 2 00 2 29 2 57 2 86 3 43 4 00 4 57 5 14 5 71 5 2 50 2 86 3 21 3 57 4 29 5 00 5 71 6 43 7 14 6 3 00 3 43 3 86 4 29 5 14 6 00 6 86 7 71 8 67 7 3 50 3 60 4 50 5 00 6 00 7 00 8 00 9 00 10 00 MONEY ORDERS BY TELEGRAPH. All telegraph companies now have a department in their office called "Money Order Office," and any one by paying a small fee can send money by telegraph. All good-sized offices, or, in plainer language, all offices in towns or cities where a large amount of business is transacted, and in which a telegraph office is located, are authorized to transact business by this plan. In case any one desires to send money to another party, he will call at the telegraph office in his place, and pay them the amount. The agent will give a receipt for the same, and will telegraph the agent at the point where the money is to be paid to pay the party you name the amount you deposited in his hands. In large cities the amount is limited to $5,000 ; in small towns the amount is limited to 8100 ; but in case a party desires to send more than this amount, he can do so by sending the bal- ance the next day. The charges of the telegraph company are double rates for the dispatch and one per cent, on the amount. These charges are for any portion of North America, or w4iere- ever their telegraph lines extend. In case the money is made payable in Europe, Asia or Afiica, the charges are one per cent, and the cost of the cable dispatch. The company is responsible if they pay the money to the wrong party. The convenience of the Telegraph Money Order System is quickness ; for in many cases the delay in receiving a letter containing a remittance works harm, and the small cost is really not taken into consideration wm 49G FOUNDATIONS OF SUCCESS it i M m AN ALMAXAC FOR THIRTY YEARS. SHOWING THE DAY OF WKKK AND MONTH IN ANY YEAR FROM 1876 TO 1906. Example. — To ascertain the day of the week corresponding to December 25, 1876, look in tlie Table of Years for 1876, opposite wliicli will bo fonnd the letters B. A.; then look in tlie Table of Montlis, opposite December, for tiie same letters (B. A.), and underneath the column contnininj^ it will be found the Calendar for 1876, wiiich shows December 25 to be Alonday. When the Calendar for the 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 4, 1876; on what month and day of the month will it fa!! due? Ans. : Friday, December 7, grace included. It will be observed tiuit there are two letters opposite the Leap Years. The first letter is used for January and February ; the second for the other months. u 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 A_pril - - - May- - - - A B C D E • F B C D E F G A June ... E F G A B C P July- - - - G A B C D E F August - - D E F G A B September- - F G A B D E October - - A B C D E P G November - - D E F G A B C December - F G A B C D E YEARS. 1876 B. A. 1 S. 1 Sa. 1 Fr. ITh. 1 W. ITu. IM 1877 G. 2 M. 2 S. 2 Sa. 2Fr. 2Th. 2 ^V. 2Tu 1878 F. 3 Tu. 3 M. 3 S. 3 8a. 3Fr. 3 Th. 3\V 1879 E. 4 W. 4 Tu. 4 M. 4S. 4 Sa. 4Fr. 4Th 1880 D, C. 5 Th. 5 W. 5 Tu. 5M. 5S. 5Sa. 5Fr 1881 B. 6 Fr. 6 Th. 6 W. 6 Tu. 6M. 6S. 6Sa 1882 A. 7 Sa. 7 Fr. 7 Th. 7W. 7Tu. 7M. 7S 1883 G. 8 S. 8 Sa. 8 Fr. 8 Th. 8 W. 8Tu. 8M 1884 F. E. 9 M. 9 S. 9 Sa. 9Fr. 9 Th. 9W. 9Ttt 1885 D. 10 Tu. 10 M. 10 S. 10 Sa. 10 Fr. 10 Th. low 1886 C. 11 W. 11 Tu. 11 M. IKS. 11 Sa. 11 Fr. UTh 1887 B. 12 Th. 12 W. 12 Tu. 12 M. 12 S. 12 Sa. 12 Fr 1888 A. G. 13 Fr. 13 Th. 13 W. 13 Tu. 13 M. 13 S. 13 Sa 1889 F. 14 Sa, 14 Fr. 14 Th. 14 VV. 14 Tu. 14 M. 14 S 1890 E. 15 S. 15 Sa. 15 Fr. 15 Th. 15 W. 15 Tu. 15 M 1891 D. 16 M. 16 S. 16 Sa. 16 Fr. 16 Th. 16 W. 16 Tu 1892 C. B. 17 Tu. 17 M. 17 S. 17 Sa. 17 Fr. 17 Th. 17 W 1893 A. 18 W. 18 Tu. 18 M. 18 S. 18 Sa. 18 Fr. l8Th 1894 G. 19 Th. 19 W. 19 Tu. 19 M. 19 S. 19 Sa. 19 Fr 1895 F. 20 Fr. 20 Th. •20 W. 20 Tu. •20 M. •20 S. 20 Sa 1896 E. D. 21 Sa. 21 Fr. 21 Th. 21 W. 21 Tu. 21 M. 21 S 1897 0. 22 S. •22 Sa. 22 Fr. 22 Th. •22 W. 22 Tu. 22 M 1898 B. 23 M. 23 S. 23 Sa. 23 Fr. •23 Th. 23 W. •23 Tu 1899 A. 24 Tu. •24 M. •24 S. 24 Sa. 24 Fr. 24 Th. •24 JV 1900 G. F. 25 W. 25 Tu. 25 M. •25 S. 25 Sa. 25 Fr. 25 Th 1901 26 Th. •26 W. •26 Tu. 26 M. 26 S. 26 Sa. 26 Fr 1902 27 Fr. 27 Th. 27 W. 27 Tu. 27 M. •27 S. 27 Sa 1903 28 Sa. 28 Fr. 28 Th. 28 \V. 28 Tu. 28 M. 28 S 1904 '29 S. 29 Sa. 29 Fr. 29 Th. •29 W. 29 Tu. •29 .M 1905 .30 M. 30 S. 30 Sr. 3) Fr. 30 Th. 30 \y. 30 Tu \9j6 31 Tu. 31 M. 31 S. 31 Sa. 31 Fr. 31 Th. 31 W i AND LAWS OF TRADE. 497 FREIGHTS. QUANTITY OF GOODS WHICH COMPOSE A TON IN THE UNITED STATES. That tho articles, the bulk of which shall compose a ton, to equal a ton of heavy materials, shall be in weight as follows: 1,568 lbs, of coffee in casks, 1,830 lbs. in bags; 1,120 lbs. of cocoa in ca!?ks, 1,307 lbs. in bags. 952 lbs. pimento in casks, 1,110 in bags. Eight barrels of flour 196 lbs. each. Six barrels of beef, pork, tallow, pickled fish, pitch, tar and turpentine. Twenty hundred pounds of pig and bar iron, potash, sugar, logwood, fustic, Nicaragua wood, and all heavy dye-woods, 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 codfish in casks of any size. Six hundred pounds of ship bread in casks, seven hu. .dred in bagf., and eight hundred in bulk. Two hundred gallons (wine measure), reckoning the full con- tents 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 of West India salt. Twenty-nine bushels of sea coal. Forty feet (cubic measure) of mahogany, square timber, oa^c plank, pine, and other boards, beavers, furs, peltry, bees'-wax, cotton, wool, and bale goods of all kinds. One hogshead tobacco, and ten hundred pounds of dry hides. Eight hundred pounds of China raw silk, ten hundred pounds of net bohea, and eight hundred green tea. 498 FOUNDATIONS OF SUCCESS ''V- '■f ''i'\ A TABLE OF COMMISSION, FROM ONE-EIGHTH TO TWO AND 0N'R-1IAT,F PER CENT,, IN DOLLARS AND CENTS, AND FBOM $1 TO $100,000. Am't. At i At i At i At a Atl At li At 2 At 2i per ct. per ct. per ct. ■prr ct. per ct. per ct. $ c per ct. $ c per ct. 1 $ c $ c S c $ c $ c 1 c 1 OOJ OOi OOi 003 01 Oli 02 02i 2 OOi 004 01 OH 02 03 04 05 9 008 00^ OIJ 02j 03 04i 06 07i 4 OOi 01 02 o;} 04 06 08 10 6 oo§ on 02i 03J 05 07i 10 m 6 m 0\h 03 04A 06 09 12 15 7 001 Olj 03i 05| 07 lOJ 14 17i ' 8 01 02 04 06 08 12 16 20 9 oii 02^ Oli 061 09 13i 18 22i 10 on 02i 05 07i 10 15 20 25 20 02i 05 10 15 20 30 40 50 30 om 075 15 22i 30 45 60 75 40 05 10 20 30 40 60 80 1 00 60 06i m 25 37i 60 75 1 00 1 25 ' 60 07i 15 30 45 60 90 1 20 1 50 70 OSS m 35 52i 70 1 05 1 40 1 75 80 10 20 40 60 80 1 20 1 60 200 90 lU 22i 45 67J 90 1 35 1 80 2 25 100 m 25 50 75 1 00 1 60 2 00 2 50 150 m 37i 75 1 12i 1 50 2 25 3 00 3 75 200 25 50 1 00 1 50 2 00 3 00 4 00 5 00 250 31J 62i 1 25 1 87i 2 50 3 75 5 00 6 25 300 37i 75 1 50 2 25 3 00 4 50 6 00 7 50 350 43J sn 1 75 2 62i 3 50 6 25 7 00 8 75 400 50 1 00 2 00 3 00 4 00 6 00 8 00 10 00 450 56i 1 12i 2 25 3 37i 4 50 6 75 9 00 11 25 500 62i 1 25 2 50 3 75" 5 00 7 50 10 00 12 50 600 75 1 50 3 00 4 50 6 00 9 00 12 00 15 00 700 sn 1 75 3 50 5 25 7 00 10 50 14 00 17 50 800 1 00 2 00 4 00 6 00 8 00 12 00 16 00 20 00 900 1 12i 2 25 4 50 6 75 9 00 13 50 18 00 22 50 1,000 1 25 2 50 5 00 7 50 10 00 15 00 20 00 25 00 2,000 2 50 5 00 10 00 15 00 20 00 30 00 40 00 50 00 3,000 3 75 7 50 15 00 22 50 30 00 45 00 60 00 75 00 4,000 5 00 10 00 20 00 30 00 40 00 60 00 80 00 100 00 5,000 6 25 12 50 25 00 37 50 50 00 75 00 100 00 125 00 6,000 7 50 15 00 30 00 45 00 60 00 90 00 120 00 150 00 7,000 8 75 17 50 35 00 52 50 70 00 105 00 140 00 175 00 8,000 10 00 20 00 40 00 60 00 80 00 120 00 160 00 200 00 9,000 11 25 22 50 45 00 67 50 90 00 135 00 180 00 225 00 10,000 12 50 25 00 50 00 75 00 100 00 150 00 200 00 250 00 20,000 25 00 50 00 100 00 150 00 200 00 300 00 400 00 500 00 30,000 37 50 75 00 150 00 225 00 300 00 450 00 600 00 750 00 40,000 50 00 100 00 200 00 300 00 400 00 600 00 800 00 1,000 00 50,000 62 50 125 00 250 00 375 00 500 00 750 00 1,000 00 1,250 00 60,000 75 00 150 00 300 00 450 00 600 00 900 00 1,200 00 1,500 00 70,000 87 50 175 00 350 00 525 00 700 00 1,05( '0 1,400 00 1,750 00 80,000 100 00 200 00 400 00 (.00 00 800 00 1,200 00 1,600 00 2,000 00 90,000 112 50 225 00 450 00 675 00 900 00 1,350 00 1,800 00 2,250 00 100,000 125 00 250 00 500 00 750 00 1000 00 1,500 00 2,000 00 2,500 00 INDEX TO CONTENTS. A hbreviations, Mercantile AcceptancoE ' Accommodanwi , Notes and Drafts Account Books Accounts, Collecting Accounts, Classification of I'AOE. 70 93 26 114 28 136 AccountsforCarriageorWagon shop 141 Accounts for Farmers 142 Accounts for a Foundry 141 Accounts for Furniture 141 Accounts for a Machine Shop 141 Accounts for Manufacturing 140 Accounts for a Printing Business 142 Accounts, Legal Bate of Interest and Limitation of, in Canada & the United States 105 Accounts, Paying 29 Accounts, Property 136 Accounts, Profit and Loss 138 Accounts, Statement of 135 Advertising, "Ways of 15 Affidavits and Depositions 191 Affidavit of Execution of Deed 325 Affidavit to be Endorsed on Back of Assignment of Mortgage 234 Agencies 282 Agencies, Mercantile 25 Agreements and Contracts 192 Agreement for Barter 207 Agreement for the Salo of a Free- hold 201 Agreement for the Sale and Deliv- ery of Personal Property 202 Agreement for Hiring a Clerk or Workman 203 Agreement for the Sale of a Horse 206 Agreement for the Sale and Pur- chase of Fruit Trees ' 207 Agreement for the Sale of Flour 208 Agreement to Build a House 210 another Form 214 Agreement to Cultivate Land on Shares 205 Agreement to Sell and Deliver Cordwood 204 Agreement to Sell Shares of Stock 204 Agreement to Sell Goods in Store 205 PAGE. Agreement to Purchase, Assign- ment of 228 All demands, Release of 379 Almanac for 30 Years 496 Annuity.'l'able Showing Value of an 3.'V2 Apotliocaries' Weight Apothecaries' Fluid Appearances Applying for Situations, Replying to Advertisements Appointments Apprenticeship Indenture Apprenticeshij) Indenture Apprenticeship Indenture for Girl to Learn Housework Apprentieeship Indenture, Assign- ment of Arbitration Arbitration, Form of Agreement to Refer to Arl)itration, Bond Arbitration, Award Articles, Table for Marking by tha dozen Assignments and Guarantees Assignment of Agreement to Pur- chase Assignment of a Debt or Bond Assigni..ent of a Bond by Endorse- ment Assignment of a Mortgage Assignments, General Form of Assignment of a Debt Assignment of a Judgment Assignment of a Lease Assignment of Policy of Insurance 240 Assignment ^Vritten on Back of a Policy of Insurance Assignment of Partnership Prop- erty by one Partner to the other to wind up a concern Assignment of Wages now due and to become due Assignment of Mortgage Assignment of an Entire Interest in an Invention, before the issue of the Patent 297 476 476 8 7 -J 5 400 208 401 402 224 225 226 227 463 228 228 231 231 232 234 235 235 237 241 241 243 339 600 INDEX TO CONTENTS. y I Ini 3< ''ill! JiS! PAGE. Assignment of an Entire Interest in a hitent 297 Associations, Bond of Treasurer or Tnisteo 267 Attorney, Power of 373 Auctions and Auctioneers 388 Conditions of sale of goods 390 Conditions of sale of land 391 Conditions of sa'onf Innd of Court of C'iiancery 392 Memorandum to bo signed by auc- tioneer after sale of land 389 Memorandum to be signed by pur- chaser 390 Authorities, List of vii. Averaging Payments 104 Averaging Payments, another method 105 Avoirdupois Weight 476 Award of Fence Viewers 405-409 Baggage of Passengers, Liability for 352 Bank Book Banks, Business with Bank, Notice Barter, Agreement for Belgium, Patent Law for Bill and I\cceipt Bills, Guarantee for Bill of Lading, Extent to which it is binding upon the ShipoMTier or Master Bill, Presentment for Acceptance, by whom, where, and to whom made Bills Payable, Form of Book Bills Receivable, Form of Book Bills, Orders, Receipts, Notes Bill Book Bills or Invoices, Filing Bill of Parcels, Form of Bill of Lading Bill of Lading, with Draft Bill, Nonacceptance, when notice is necessary Bill or Note, Present for Payment Bill or Note, Days of Grace in Can- ada and the United States Bill or Note, Form of Protest of Blotter Bonds Bond, General Form of a Bond of Two Obligors Bond, Condition to Pay Money by Instalments Bond, Condition to Indemnify Bond, Condition of Indemnity on Paying Lost Note PA OB. 264 264 266 267 261 84 83 92 207 30! 186 372 277 176 32 32 167 131 34 36 55 89 177 178 179 183 49 261 262 263 263 263 264 Bond, Condition to Convey Land Bond Bond to Executors liond for a DeeuBe Regulations Clearance of Vessels coastwise Clearance of Vessels for foreign ports Custom House entry Declaration of the Owner, Con- signee or Importer with bill of entry Drawback Entry of Vessels coastwise 60 6a 81 273 366 368 868 11 12 20d 445 447 448 452 4db 440 446 Entry Vessels from foreign ports 445 Invoices, laws relative to 447 Oath or affinnation of an owner, consigiiee, importer or Agent 454 Oath or affirmation of agent of owner, consignee or importer 454 Oath or affirmation of owner, con- signee, importer or agent, on entering merchandise without invoice 454 Register Act 449 W^arehousing 450 Damages for Breach of Contract 199 Damages and Partial Loss 54 Damages for Loss of Property 54 Day Book 119 Day Book, Single Entry 126 Days of Grace in Canada and the United States 179 Debt or Bond, Assignment of a 231 Debts, Collecting 24 Deijosit Slips, Specimen of 86 Deposit, Certificate of 187 Depositions and AffidaArits 191 Decimal Method of Computing In- terest 93 Deeds 311 of Bargain and Sale, Absolute Covenants 316 of Bargain and Sale, Qualified Covenants 319 of Bargain and Sale, Short Form under Statute 322 of Land Belonging to a Married Woman 223 ^ 302 INDEX TO CONTENTS. Wi PAGE. Deeds Continued of Gift of Lands 324 Affidavit of i -3Cution of 325 Directing Letters 73 Different Kinds of Endorsations 171 Discharge of Mortgage 358 Discount 1 1 1 Dividends, Power to Eeceive 377 Division Courts 410 Affidavit to sue a party residing in an adjoining division 428 Affidavit for leave to sue m a division adjoining one in which debtors reside, where there are several 429 Affidavit for attachment 431 Affidavit to obtain Judge's order for writ of replevin 43S Affidavit to obtain writ without order in first instance 4.M Affidavit for orderto ;Tjiniish debt 437 Affidavit of disbursements to wit- nesses 439 Affidavit for revival of judgment 440 Affirmation by Quakers 439 Application for judgment sum- mons 437 Claim in replevin 434 Defendant's notice to plaintiff or clerk 438 Landlord's claim for rent 436 Particulars in cases of contract 434 Particulars in cases of Tort 435 Particulars of claim on inter- pleader 436 Schedule _ 430 Undertaking by next friend of infant to be responsible for defendant's costs 427 Dower 329 Dower, present value of a widow's 321 Draft Requisition, form of 86 Drafts with bill of lading 89 Drafts drawn 89 Draft, form of 89 Drafts accepted 91 Due Bills, forms of 173 Drawbacks on Freights 57 Dray Ticket, form of 38 Duties of Shipping Clerk 35 Drawback 449 Dry Measure 477 Draymen, liabilities of 349 Economy 2 Election of Directors, power to vote at 377 Elmployees, selection and manage- ment of Endorsation of papers for filing EndorKations, different kinds England, exchange on Envelopes, superscription of Eqvn+ion of payments Examples of Guarantees Examples of discount Exchange on England Exemption Laws Ontario 444 Quebec, New Brunswick, Nova Scotia 445 Express Shipments 44 Express lleceipt 4o Express Notice to Patrons '^ Farmers, accounts for 1^ Filing Papers, endorsatio" fo' 33 Filing Bills or Invoices 34 Fire Insurance 2St First Set, opening books 122 Flour, agreement for the sale of 208 Foreign Letters 73 Foreign and Inland Bills, forms of 173 Foreign Bills of Exchange or Drafts 174 Form of Check 182 Form of Notes and Duebills 171 Form of protest for bill or note 183 Form of Receipt 30 1 rm of Book, bills payable 32 Form of Book, bi'ls receivable 32 Form of Bills of Parcels 8^ Fonn of Dray Ticket gg Form of Letter (0 Form of Bank Book §| Form of Draft recnuai*'" n |i§ Form of Check Book Form of Draft Form of Monthly Statement 135 Forms of Foreign and Inland Bills 173 Foundry, accounts for a 141 Freehold, agreement for the sale of 201 Fruit Trees, purchase of Freight, shipping Freight, shipping. Bill of Lading for Freight, shipping, C.O.D, Freight, conditions of carriage Freight, drawback on Freight, (i lantity of goods compos- • ing a ton in the United States Furniture, accounts for Game Laws General Directions, for correspon- dence General form of assignment General Statement Going Security 207 52 39 67 39 57 497 131 467 81 234 130 28 INDEX TO CONTENTS. 503 PAGE. Goods at the risk of the purchaser while in the hands of the carrier 279 Goods Delivered, receipt for 49 Goods in Store, agreement to sell 205 Guarantees 368 Examples of 370 for a credit 3G8 for bills 372 for debts already due, to prevent proceedings 371 for general advances 372 for goods 373 for goods to be delivered 370 for payment of rent 37 1 to stop proceedings when begun 371 Handbill, specimen of 20 Hands' Ledger 144 Hay Measure 480 Holders of checks, liabilities of 182 Honesty 1 Horse, agreement for the sale of 206 House, agreement to build a 210 Housekeeping, business of 333 Cash Book, specimen page of 334 Ledger, specimen iJage of 333 Husband's liability to maintain his wife 330 Important Rules and Tables 460 In case of loss, whether consignee or consignor may sue the carrier 276 Index 117 Index, general 489 Indenture of Partnership 208 Industry 2 Inland Bill of Exchange or Draft 174 Insolvent Law 441 Exemptions, Ontario 444 Exemptions, Quebec, New Bruns- wick, Nova Scotia 445 Insurance of goods in shipping 280 Insurance, life 281 Insurance, fire 281 Interest, decimal method computing 93 Interest, rule suitable for all rates 94 Interest, another method for calcu- lation 06 Interest Tables, explanation of 97 Interest Table at 6 per cent. 99 Interest Table at 7 per cent, 100 Interest Table at 8 per cent. 101 Interest Table at 9 per cent. 102 Interest Table at 10 per cent. 103 Interest, Compound 110 Invoice 50 Invoice, specimen of 51 Keeping Appointments 5 Keep within your means 6 PAGE, I andlord and Tenant 334 Distress Warrant 346 Farming Lease, on shares _ 344 Notice of Distress of growing crops 345 Notice to quit by Landlord 347 Notice to quit by Tenant 347 Shoi-t form of Lease 342 Tenant's request for delay 346 Laws of Partnership 145 Lease, Mortgage of 361 Lease, see Landlord and Tenant 324 Ledger 115 Ledger, Hands' 144 Ledger, Petty 134 Legal rates of interest and limita- tions of accounts in Canada and the United States 105 Letters, copying 73 Letters, directing 75 Letters, foreign 73 Letter, form and description 69 Letter of Credit 366 Letters, opening 75 Liabilities for baggage of passengers 352 Liabilities, capital, resources 121 Liabilities of Consignee 275 Liabilities of Consignor 275 Liabilities of Draymen 349 Liabilities of holders of checks 182 Liabilities of Minors 353 Liabilities of owners of steam boats 351 Liabilities of railroad companies 347 Lien Law of mechanics, laborers and others 387 Life, expectation of 831 Liftt Insurance 281 Line Fences 403 Award of Fence Viewers 406 Notice to Fence Viewers 404 Notice to opposite party 404 List of Authorities vii. Loans 868 Location, business 7 Loss of Propertj', damages for 54 Loss, whether consignor or con- signee may sue carrier in case of 276 Lumber, to find cost of 475 Machine Shop, accounts for a 141 Making Ap]^)ointment3 5 Manufactuiing, accounts for 140 Mark, contents on packages 63 Marking all goods by the dozen, table for 463 Marking boxes 87 Marking goods 468 Marking packages 65 504 IXDEX TO CONTENTS. ^W PAGE. Marriage 328 Marriage, breach of promise of 332 Married Women, rights of 325 Master auc' Servant 393 Means, keep within your 6 Measures of distances in Europe 483 Measures of length in Europe 483 Mercantile Abbreviations . 70 Mercantile Agencies 25 Merchandise, orders for 185 Memory 4 Minors, liabilities of 353 Money, borrowing 13 Money, orders for 185 Money Orders, P. 0., Commissions on 77 Money Orders by telegraph 495 Money, receiving 23 Money, remitting 23 Money and valuable letters 76 Monthly Statement Book 131 Monthly Statement, form of 135 Mortgages of Real Estate 354 Artidavit of execution of 357 Assignment of 232 Assignment of 359 Discharge of 358 of Lease 361 Statutory 356 Katuralization 307 Oath of Allegiance 310 Oath of Residence 310 Kotes and Drafts, accommodation 26 Notes and Drafts, promptness in meeting 26 Notes, Bills, Orders and Receipts 167 Note Head, specimen of 82 Notes, forms of 171 Note, notice to endorsers 18u Notes, to know when due 30 Notice y. Notice of Copyright ii. Notice to Express Patrons 47 On Sale Book 134 Opening Books 121 Opening Letters 75 Opening Ledger Accounts 128 Orders 185 Order Book 59 Orders, Receipts, Notes and Bills 167 Overcharges 54 Package, mark contents on 63 Packages, marking 55 Packages, wrapping 56 Paper Measure 481 Parties to a Bill or Noto 169 Parties to a Draft 86 Partnership, laws of Advertising Notices Agreement of Co. Agreement to dissolve a, to endorsed on the articles Another form of a special Co- Articles of Co- Articles of Co- for tradesmen Articles of Special Co- Circu'ars Certilicate of Special Co- Declaration Decliinition of Dissolution Form of Declaration PAGE. 145 149 157 be 166 164 149 150 161 148 161 146 147 146 Headsof contractfor arrangement 147 Law of limited 159 Memorandum of agreement 147 Notice of dissolution of 167 Renewal of, to be endorsed on the articles 166 Passengers' Baggage., liability for 352 Patents, Canadian 283 Foreign 299 Belgium . 301 France 300 Germany 301 Great Britain 300 Russia 302 Paying Accounts. 29 Payments, averaging 104 Equation of 104 Penmanship 60 Personal Property, agreement for the sale and delivery of 202 Petty Cash 134 Petty Ledger 134 Plank and Scantling Measure 469 P. O. Commissions, on Money Orders 77 To Quebec, Ontario, Nova Scoti?^, New Brunswick, Prince Ed- ward's Island and British Co- lumbia 77 To the United States, United Kingdom and Newfoundland 78 Politeness 3 Posting 127 Power of Attorney 373 General 374 General Custom House 374 Revocation of 378 Substitution to be endorsed on 377 to receive dividends 377 to sell and convey real estate 375 to transfer stock 376 to vote at election of Directors 377 Preface iii. Printing Business, accounts for a 142 INDEX TO CONTENTS. 505 PAGE. Profit and Loss accounts 138 Promptness in meeting Notes and Drafts 26 Property accounts 136 Protest of a Bill of Exchange or Promissory Note 183 Punctuation 64 Punctuation, rules for 64 Purchasing a House 385 Quakers, affirmation by 439 llailroad Companies, Liabilities of 347 Heady Reckoners 465 Areas of C!ircles 474 Board and Plank Measurement at sight 472 Boarding Houses, for 495 Coal Measure 481 Circular 480 Cubic Measure 479 Foreign Weights and Measures reduced to Canadian standard 482 Hay Measure 479 Lumber, to find cost of 375 Measurements, Length in Europe 483 483 479 481 469 494 481 481 467 Measurements of Distances Nautical Measure Paper Measure Plank and Scantling Measure Produce and Merchandise Quantities by Numbers Rope Measure Round or Equal-sided Timber Table for showing the solid contents in timber, boxes, packages, &c. Tables of Month Wages for Mechanics and Farmers Tables, Day and Month, for Mechanics and Farmers Table of Superficial or Flat Measure Table Showing difference of time in various cities when it is noon in New York Time Measure To find what size rope you need when roven as a tackle to lift a certain weight To find the price of any number of pounds, pieces, or bushels, from 2c. to $:<.00 from 25c. to $24.00 from 25.00 to $60.00 To find what weight a rope will lift when rove as a tackle Waste in matching boards 468 488 489 465 475 480 482 491 492 493 481 465 Weight of one foot cast-iron pipe 473 PAGE. Receipts 185 and Bill 186 Express 45 form of 30 form of 176 for goods delivered 49 Notes, Orders and Bills 167 in part payment 186 on account 186 in full of account 186 For money received to make payment for another 187 for money received on account of another 187 for papers 187 Receiving money 23 Release 378 form of 378 of all demands 379 Remitting demands 23 Rent, guarantees for payment of 371 Ivepairs, contracts to do 2:23 Replevin, the Law of 379 Tteplying to advertisements Applying for situations 79 Resources, Liabilities, Capital 121 Rules for conducting business 10 for Pimctuation 64 for the use of capitals €3 for Spelling 61 Secrecy 5 Security, going 25 Securities •>'iS Selection and management of em- ployees 24 Selling, Credit System 12 Sending Drafts 75 Shipping, bill for freight 39 Clerk s Duties 35 Freight 62 Shipments Express 44 Single Entry 120 Specimen of acknowledgment of receipt of money 31 Specimen ot Business Cards 22 Specimen of Note Heads 82 Specimen of Circulars 21 Specimen of Deposit Slips 86 Specimen of Handbill 20 Specimen of Invoice 81 Specimen Page of Clerk's private Cash Book 114 Specimen Page of Day Book 118 Spelling, correct 60 Rules for correct 61 Statements of Accounts 135 Form of 130 506 INDEX TO CONTENTS. Oi X . ^ PAGE. btatements, General 1.30 Stock, Agreement to sell Shares of 204 Taking Stoiiping in Transitu Strapping Boxes Sub-contract between a Builder and a Carpenter Success in Business Superscription of Envelopes Taking Stock Tender in payment of a debt Time Book Title Tracer Trade Marks and Designs Trial Balance Table of Gold Coins Table of Silver Coins To find what size rope you need when roven as a tackle to lift a certain weight To find what weight a rope will lift wlien rove as a tackle To reduce price of wheat in Ster- ling per quarter to $ and cts. Time Measure Troy Weight Wages now due and to become due, assignment of Water Courses Agreement Award Notice to Fence Viewera Notice to opposite party 34 280 53 221 1 68 34 198 144 i 54 30« 130 485 487 481 481 478 480 475 243 405 409 409 408 408 Ways of advertising 15 Weights and Measures 475 Apothecaries 47(5 , .V Fluid 476 Avoirdupois 47(3 Circular Measure 480 Cloth Measure 47^ Coal Measure 481 Cubic Measure 479 Dry Measure 477 Foreign Weights and Measures reduced to Canadian standard British Imperial (New) com- pared with Winchester and Wine Measure Hay Measure Land Measure Liquid or Wine Measure Long Measure Measure of Distance in Europe Measure of Length in Europe Nautical Measure Paper Measure Produce, pounds to the bushel Quantities by numbers Rope Measure Surveyor's Long Measure Yarn Measure Widow's Dower, present value of Wills Another form of Giving to one person all the Tes- tator's real and peraoual estate 382 482 477- 480 484 476 478 483 483 479 481 490 481 481 479 480 331 381 3S3 I '