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 1 
 
 5 
 
 6 
 
Be Your Own Lawyer ! 
 
 A BUSINESS MANUAL 
 
 Containing a Synopbib op the MBBC4NTiiiG, ob 
 
 BUSINESS LAWS OF ONTARIO; 
 
 The Teclinical Points and Hain FAatarest of the liaw, 
 wltli Iinndreds of Hints, Cautions, Warnings 
 and Suggestions, togetlier wltli 
 Tarious Forms of 
 
 LEGAL AND BUSINESS DOCUMENTS, 
 
 FORMIi.G A BOOK OF 
 
 Ready Reference for Magistrates, 
 
 Business Men, Farmers, flechanics, &c. 
 
 REVISED BY 
 
 AND TNCIiUDINa 
 
 A PRACTICAL SYSTEM OF FARM ACCOUNTS. 
 
 BY 
 
 Author of ** Adodern Book-keeping^.'* 
 
 Bntered according to Act of the Parliament of Canada, in the year one thousand 
 eight hundred and uiuety-two, by WiltjIam Henry Anseb, in the office of the 
 Minister of Agriculture. w 
 
 TORONTO : 
 
 PRINTED FOR THE AUTHOR. 
 
 1895. 
 

 Z78^ 
 
 PREFACE. 
 
 
 The chief subject treated in this volume is one to which no class of readers in thfe 
 Canadian Commonwealth, outside the legal profession, can be indifferent; for it is incumbent 
 upon every man to be acquainted with those laws with which he is immediately concerned, 
 lest he mcur the censure, as well as the inconvenience, of living in society without knowing the 
 obligations resting upon him. No man can properly discharge the duties he owes to the pub- 
 lic, or to himself or his family, without, in some degree, possessing a definite knowledge of the 
 laws by which all are bound, and the obligation resting upon each as an individual. Under 
 our form of government, it is a marvellous thing that the study of the Law should be excluded 
 from all the schools, except those preparing for the legal profession only, and men left to 
 gather their knowledge of the laws subsisting in the community by costly expense or as best 
 they can. 
 
 Men of liberal education should find a peculiar attraction for its study, and be as well 
 virsed in its general principles as they are in science or history. Teachers ought, at least, to 
 know as much about the laws governing society as they do about astronomy. 
 
 Gentlemen of independent means cannot afford to be deficient in this branch of learn- 
 ing. It is their landed property, with its varied interests, voluminous train of conveyances, 
 settlements and incumbrances, that forms the most extensive object of legal knowledge, and 
 they should possess a full understanding of the leading principles in connection with estates, 
 agency, conveyancy, tenancy, master and servant, and of the municipal laws in general, which 
 would serve as an effectual check upon their agents and preserve themselves from gross and 
 notorious imposition. 
 
 Clergymen cannot perform the duties required at their hands without a knowledge of 
 th3 laws governing the people whom they seek to lead, and for whom they are frequently re- 
 quired to act as legal advisers. Living continuously before the public, and acting almost in- 
 variably in a representative capacity, pledging their own honor and sometimes the credit of 
 those for whom they act in heavy financial obligations, they surely ought to be learned in the 
 law, and thus imitate Him who, with unerring wisdom, could answer when it was "lawful to 
 give tribute to CsEsar," and when to withhold. 
 
 Merchants and other business men who, in every hour of the day, are entering into 
 contracts binding themselves and others, ought to know clearly in each case the extent of the 
 liabilities they are acquiring oi evading, and the rights they are acquiring or bartering away 
 just as fully as they do the value of the goods they are handling. 
 
 Mechanics and artizans, who spend years in apprenticeship to become masters in 
 their calling, should also endeavor to understand their relations as members of the commun- 
 ity. Their legal rights and obligations are a sacred trust that they should be able to intelli- 
 gently guard and justly honor, and thus fortify themselves against injustice and fraud, 
 
 A large portion of the Canadian farmers are extensive employers of labor, and for 
 them to be in the least deficient in a minute knowledge of the legislation that has fixed the 
 
relative rights, liabilities and obligations subsisdnp; between master and servant is a source of 
 frequent humiliation, and fraught with serious consequences as to loss and possible penalties. 
 Recent legislation has made the relation between master and servant, principal and agent, un- 
 equivocal and plain, the obligations of each unmistakable, and the penalties for a breach of 
 contract a definite thing, so that all who read may understand. 
 
 Even the working man has a duty to perform to himself and his family in under- 
 standing the laws which define the obligations he is undei to his employer and ihe rights to 
 which he is entitled. Knowleage always means power, and power means a highar estate and 
 greater thrift and comfort. 
 
 All men in a normal state of mind are ambitious, and covet place and influence. Those 
 especially who seek the honor of a representive position, either at Council Board, Legislative 
 Assembly or House of Commons, should, by every consideration of propriety, understand the 
 laws already existing before they assume to exercise a power to change or to modify or to 
 abrogate any of them, or to enact a new one. 
 
 Again, all gentlemen are liable to be called upon to establish the rights, to estimate 
 the injuries, to weigh the accusations, and sometimes to dispose of the lives cf their fellow 
 subjects by serving upon juries. In this situation they are frequently called upon, and that 
 upon their oaths, to decide questions of grave importance, for the solution of which some 
 legal knowledge is requisite. And when juries are incapable of doing this with reasonable 
 propriety, it tends to lower their authority, prevent justice, and to throw that undue 
 power into the hands of the judges to direct, control and even reverse thair verdicts, which the 
 constitution never intended in that famous bulwark of our liberties — Trial by Jury. 
 
 Lastly, it often occurs that persons, either through choice or necessity, write their 
 own wills. As the law has made certain forms necessary in the wording of last wills and 
 testaments, and fixed the number of witnesses to their execution that are essential to their 
 validity, these few requirements should be understood by all who would save their families 
 from being torn asunder by litigation and their estates wasted in the law courts. 
 
 The second part of this work contains a vast amount of information especially useful 
 to farmers and mechanics, and of interest to every person. The method of Farm Bookkeeping 
 will be found to be immensely practical and easy of adoption. It is a duty the farmer owes to 
 himself to keep accounts with his business, so as to employ his time, energy, thoughts and 
 capital in ways that will be most remunerative and lead to affluence, 
 
 For the Commercial Law portion of this volume, the author wishes to acknowledge 
 his indebtedness to W. K. Pattison, Esq., Barrister-at-Law, from whose lectures, extending 
 over a period of five years, delivered before the students of the St. Catharines College of Com- 
 merce, this volume h?is been almost exclusively compiled, and who, also, not only generously 
 permitted this use to be made of that rich treasury, of the business laws of Canada, but who 
 also revised the manuscript of this volume before its publication. 
 
 St. Catharines, June ti, 1S92. 
 
W"^"* 
 
 TABLE OF CONTENTS. 
 
 CHAP. I.— LAW. 
 
 Section, 1 — Sources of law, 2 — Eepresentative bodies, 3 — 
 Divisions of law : 4 — Commoii, statute, civil, criminal, 
 mercantile, marine and international law, 4 — Why the 
 laws of Canada, Great Britain, and the United Statesrare 
 similar, 4 to 8. 
 
 CHAP. II.— CONTRACTS, 9. 
 
 What constitutes a binding contract, 9 — Tliree classes" of 
 contracts : simple, under seal, of record, 10 ; what each 
 includes — Oral contracts, 11 — Written or printed contract, 
 12 — Express contracts, example, 13 — Implied contracts, 
 example, 14 — Executed and executory contracts, 15 and IG 
 — Agreement, 17 — What constitutes a binding agreement, 
 17 to 26 — A proposition and acceptance, 18 and 19 — Time 
 for assent to an oral proposition, 2t) — Proposition by mail, 
 when closed, 21 — Withdrawal of proposition, when possible, 
 22 — Use of telephone not advisable, 22 — Acceptance of pro- 
 position, 18, 19, 20 — 'Implied assent, 23 — Assent obtained 
 through fraud, 24 — Assent obtained through force, 25 — As- 
 sent through a mutual mistake, 26 — Sufficient considera- 
 tion, the legal basis of a binding contract, 27 — What con- 
 stitutes a good consideration, 28 — When it does not bind, 
 29 — What constitutes a valuable consideration, 30 — When 
 mutual promises bind, 31 — When a conditional promise 
 binds, 32 — Why gratuitous promises do not bind, 33 — Con- 
 sideration in regard to negotiable paper, differs from other 
 contracts, 34 — Contracts under seal valid without a con- 
 
CO^TEWr^— Continued. v 
 
 sideration, 35 — Insufficient consideration does not bind, 35 
 —(Head carefully) Illegal consideration, 37 ; examples- 
 Impossible consideration, when binding and when not, SiS 
 — Moral obligation, 39 — Failure of consideration voids the 
 contract, 40 — Partial failure a cause for dtimages, 41 — Ee- 
 ({uisites of a binding contract, 42— Persons competent to 
 contract, 44 — Minors, 45 — When minors may contract, 46, 
 200 — Things held as necessaries for minors, 47 — When 
 parents or guardians are liable for debts of minors, 48 — 
 When minors only are liable, 49 — A minor's note, 50 — Lux- 
 uries for minors, 51 — Creditor's remedy, 51 — Minor coming 
 of age may ratify his former contracts, 52 — He may repudi- 
 ate them, 53 — -Minors enforcing contracts made with them. 
 53 — Idiots, 54 — Lunatics, when not liable for their con- 
 tracts, 55 — Lucid intervals of the insane, 5G — Drunken 
 persons' contracts, 57 — Indians, when liable for their con- 
 tracts, 58 — Contracts in time of war, 59 — Illegal contracts 
 void, GO ; various classes — Contracts against public policy 
 void, 61 — Contracts in restraint of trade, 62 — Going out of 
 business, strikes, combines, contracts in restraint of mar- 
 riage void, 63 — Wills as to children's marriage, 63 — Will as 
 to wife's future marriage, 64 — Marriage broking illegal, 65 
 — Contracts restraining justice void, 66 — Innnoral contracts 
 void, 67 ; illustrations : bets, gambling, buyiug on margins, 
 promising to pay for votes— Fraudulent contracts are void- 
 able but not void, 68 — How to void such contracts, 68 — 
 Misrepresentations of insolvent persons, 69 — Insolvent per- 
 sons baying goods, 69 — Assignment of an insolvent, 71 — ■ 
 Underbidding at auction sales, when fraudulent, 70. — Sell- 
 ing personal property which is not removed, 72, 164, 335 — 
 Innocent purchasers for value, 73 — Statute of Fraud and 
 Perjuries, 74 — Seven rules for interpreting contracts, 75 — • 
 Place of suit for breach of contract, 7(). 
 
 CHAP. III.— PAYMENTS, 77. 
 
 All payments in money unless otherwise stated, 77 — If in 
 property, 78 — If in notes, 79 — To whom to be paid. 80 — • 
 When payment is presumed, 81 — Application of payments, 
 82 ; the debtor's right, the creditor's privilege, the Court's^ 
 ruling — Compromise settlements, 83 — Tender of payment^ 
 
 , its legal effect, 84 — Arbitration and award, 84— Breach of 
 contract, 86 — Remedies for breach of contract, 87 — Injunc- 
 
vi CONTENTS— (7o?iY<;H^erf. 
 
 tioii, 88 — Executions, 89 — Exemptions from seizure under 
 a writ or landlord's warrant, 90, 344, :)45, 846— What 
 articles are not exempt if the debt is for those same 
 articles, 90 — The debtor and not the officer selects the 
 exempted articles, 90, 845 — Judgment sununonses, 91 — Im- 
 prisonment for debt, 91, 358 — Defences, various pleas may 
 be set up against a claim, 92 — Kequisites to observe in 
 drawing contracts, 98. 
 
 •<JH.\P. IV.— STATUTE OF LIMITATIONS, 94. 
 
 Time when promissory notes and acceptances outlaw, 95 ; 
 what will prevent them from outlawing, 95 — What will re- 
 vive them agani, 98 — When book accounts outlaw, 90 — 
 How the various purchases are treated, how to prevent 
 them from outlawing, 96 — How an outlawed account may 
 be revived, 98 — When mortgages outlaw, 97 — When chat- 
 tel mortgages outlaw as to the debtor, and when as to other 
 creditors, 98 — How a creditor may apply a payment to 
 revive an outlawed debt, 98. 
 
 CHAP, v.— NEGOTIABLE PAPEK, 99. 
 
 Promissory notes, 100; what constitutes a valid note — 
 Days of grace, 101 — When a note or acceptance is legally 
 due, 102 — Maturing on Sunday or a legal holiday in Can- 
 ada, 103 — Place for payment, 104 — Writing in lead pencil, 
 105 — The words " value received," 100 — Cancelling the 
 signature and preserving redeemed notes, 107 — Surety, 
 108; difference in liability whether name is on back or face 
 — A minor's note, 109 — Note obtained through fraud, when 
 void and when not, 110 — A forged note, 111 — Individual 
 \ note, how written, 112 — Joint note and respective liability 
 
 1 of makers, 113 — Partnership note different from joint note, 
 
 I 114 — Joint and several note, various forms, 115 — Non- 
 
 negotiable notes, 110 — Notes signed by one who cannot 
 write, 117 — Patent right notes, 118; transfer of such notes 
 L --Accommodation notes, 119 — Chattel notes, how they are 
 
 I handled, 120 — Lien notes, 121 ; better than a chattel mort- 
 
 (gage, the holder's rights, when registration is not necessary 
 — Interest, 122 ; the legal rate in Canada, how to continue 
 a higher rate after maturity, when compound interest can 
 be collected — Wherein book accounts differ from notes as to 
 interest, 122 — Acceptances, 123 ; all the various forms 
 shown ; the difference between time, sight and demand 
 
 
i-W^j^»lP^— y^^F^ LW^ i-Bt wipiii^H I H^ I 
 
 CimTENTH—Continiaul. vii 
 
 drafts ; when each oiithiws ; endorsers of demand drafts 
 and notes, 122 — Acceptance for part of amount, 128 — Con- 
 ditional acceptance, 124; dating backvvai ^ or forward, or 
 date omitted ; interlineations made by liolder, 124 — 
 Cheques, 125 ; present form, certified cheque, forged 
 cheque, cheque not legal tender, how soon to be pre- 
 sented for payment, 125 — Certificate of deposit, how 
 used, 126. 
 
 CHAP. VL— ENDOESEMENTS, 127. 
 
 Endorsement in blank, the usual form, 128 — Endorsement 
 in full, various ways, 129 — Kestrictive endorsement, 130 — • 
 How to endorse without becoming liable for payment, 181 
 — Endorsing a part payment, endorsing to identify only, 
 181 — The endorsee's contract, 182 — What has to be done 
 to hold the endorser; when presentment must be made; 
 protesting not essential ; what will free the endorser, 188 — 
 Endorser waving right of presentmput and protest, 189, 192 
 — Collection of notes and acceptances, 184 — Where pre- 
 sentment musij be made ; how to restrict the place of 
 paynient, illustrative form, 184; the exact wording neces- 
 sary to use. Protests, why done and the charges, 185 — 
 Relation between surties that endorse at same time, 136. 
 
 CHAP. VII.— DUE BILLS, ORDERS AND RECEIPTS, 187. 
 Due bills iiot negotiable, may be assigned, 137 — Orders, 
 and how to treat them, 188 — Receipts not absolute evidence 
 of payment, correction of errors permissible, not compulsory 
 to give receipts, agents' receipts, receipts for money by 
 hand of third party, clerks' receipts, receipt for payment 
 on note or mortgage, for property held in trust, for legacy, 
 189. 
 
 CHAP. VIII.— CHATTEL MORTGAGES, 140. 
 
 W^itnesses, affidavits, time for registering, given for bor- 
 rowed money, given to secure a former debt, given en eve 
 of insolvency, removal of goods to another county, how long 
 good against other creditors, how long against the debtor, 
 140 — Relieving part of the goods destroys the mortgage, 
 355 — Renewals, 140 — Caution to debtor, 141 — Seizure 
 before making, 141 — assignment of chattel mortgage, 142 — 
 Registering the discharge, 143. 
 
I 
 
 VI II 
 
 CONTENTS— Co/i///i//<?(^ 
 
 CHAP. IX.— IMOUTGAGKS, 144. 
 
 llegistration of niortga^n's, 14o — 4\) l)c sure of the title, 
 search not only the registry otUce but the sherilFs olliee tor 
 jiidgnients, and the collector's office for back taxes, 140 — 
 important clauses in a mortgage, read carefully, 14() — 
 Transfer of mortgages, 147 — Foreclosure of mortgages, 148 
 — Discharge of mortgagees, 141) — Unsatisfied mortgages may 
 seize other ])roperty, 150 — Prepayment of mortgages after 
 five years, 151 — When mortgages outlaw. 151. 
 
 CHAP. X.— PROPiniTY, 152. 
 
 The technical meaning differs from the common. Personal 
 and real property, 15*2 — What real or freehold includes, 
 158 — Owne'-'s authority, 154— High 1: of way sold to others ; 
 acquired rights over otliers' property, 155 — Sale of jjcrsonal 
 I)roperty, 156 — Distinction between barter and sale, 157 — 
 Mutual assent sometimes implied, IfuS — Property sold nnist 
 exist, 159 — Property having a potential existence may be 
 sold ; examples, 100 — Fraud invalidates a sale, 101 — What 
 <'()nstitutes a fraud, 101 — How to proceed in securing justice, 
 OiS — Oral agreement to sell personal property not bindin^^ 
 for $40 and upwards, 102 — What makes a binding agree- 
 ment to sell or buy, 152 — Amount of damage that may be 
 recovered for the violation of a contract, 102 — Executed 
 sale, 108 — When a bill of sale must be used, 104 — Sales ou 
 trial, 105 — Sales by sample, 100 — 13uymg stolen goods, 167 
 — Conditional sales, 108 ; liens and lien notes — Goods stopped 
 in transit, 109 ; damages for ille,i;al stoppage — Take dupli- 
 cates of all orders given, 170 — Sale of book accounts, 171 ; 
 form for the assignment — Suing of book accounts, 172 — 
 Auction sales, 173 — Auctioneer agent for both buyer and 
 seller, 174 — When underbidding is illegal, 175 — Sale of real 
 estate, 177 — What makes a binding agreement for purchase 
 or sale of real estate, 178 — Wife selling her real estate 
 without her husband's consent or signature, 178 — Owner- 
 ship by possession, years now required, 179. 
 
 CHAP. XL— MARRIED WOMEN'S PROPERTY RIGHTS, 
 
 180. 
 Present rights of women married since 1855, or 1872, or 1884 
 respectively, 180 — Husband's liability for her debts or dam- 
 ages committed by her before marriage, 181 — Wife legally 
 
I 
 
 CONTENTS— Co;i<//?.we.7. ix 
 
 separated from her husband ; things that are cause for 
 separation, ]8ii; her righiis then — Wife dying witliout a 
 will ; the husband's interest, 183 — Selling her separate 
 estate, 184. 
 
 CHAP. XII.— GUARANTY AND SURETYSHIP, 185. 
 
 The guaranty that needs to be in writing, 187 — When an 
 oral guaranty is binding, 18G ; example — Letters of recom- 
 mendation that become guaranties, 188 — Guaranteeing 
 payment of a note, 189 — Guaranteeing the collection of a 
 note, 189 — Guarantee Insurance Companies, 190 — Creditor's 
 obligation to guarantor, 191 — Various things that relieve 
 the guarantor, 192 — Rights between pureties, 193 — Credi- 
 tors' Relief Act, 194 — Fraudulent preference, 195 — Priority 
 of claims among creditors, 190 — Assignment of an insolv- 
 ent, 197. 
 
 CHAP. XIII.— PRINCIPAL AND AGENT, 198. 
 
 What constitutes an agency, 198 — Minors may act as 
 agents, 200 — Agent's appointment, various ways, 201 — 
 Limit of agent's authority, 202 — General agents and their 
 authority, 208 — Special agents limited authority, 204 — 
 Agent's obligation to the principal, 205 — Agent's personal 
 liability to third parties, 200 — Principal's liability for acts 
 of general agents, and special agents, respectively, 207 — 
 Danger in paying money to an agent ; require evidence of 
 authority, 207 — Sub-agents, 208 — Termination of agency, 
 various ways, 209. 
 
 CHAP. XIV.— MASTER AND SERVANT, 210. 
 
 Contract of service and hire, 211 ; when it needs to be in 
 writ'iig ; contract with near relatives ; amount of wages if 
 not specially agreed upon, 211 — Contract and obligation of 
 employee, 212 — Liability for damages ; notice to leave, 213 
 — Cause for discharge witjjout notice, 214 — Discharge with 
 notice, 215 — Causes for leaving, 210 — Master's liability for 
 acts of servant, 217 — Wlien the master is not liable, 218 — 
 Servant's personal liability, 219— Termination of service, 
 220 — Oral agreement good for one year, 221 — Nine years 
 the limit of contract, 221 — Limit for commencement of 
 proceedings to recover wages by quick process, 222. 
 
 CHAP. XV.— PARTNERSHIP, 223. 
 
 The three classes of partners, 224 — Respective liability of 
 partners, 225 — Special partner and his liability, 220 — The 
 
CONTENTS— 6'o7ifm?/e^. 
 
 -■ partnership agreeiiieut, 227 — What things the instrument 
 
 i should state, 228 — Hegistration of partnership ; the penalty 
 
 I for not registering in time, 229 — Partnerships that are not 
 
 I trading firms, 230 — Church trustees and social organi/a- 
 
 I tions, 231 — When one partner binds the tirm, 229-281 — 
 
 Signing instrument under seal, 232 — Dissolution of partner- 
 ship ; the things that call for a dissolution, 233— Business 
 I after dissolution, 234 — Retiring partner's protection from 
 
 i future liability, 2 Jy. 
 
 \ CHAP. XVI.— JOINT STOCK COMPANIES, 23(). 
 
 j Advantages of incorporation, 237 — Various kinds of corpo- 
 
 ^ rate bodies, 238 — How to form a stock company, 239 — 
 
 , Advertising in official Gazette, 240 — The petition, 241— 
 
 I TJie name, 242 — Board of directors, 243 — Books required to 
 
 I be kept, 244 — Ihipaid stock, 245 — Limited liability, 240 — 
 
 f Double liability, 247 — Transferring stock, 248 — Dividends, 
 
 I • 249 — Remedies against stock conjpanies, 250 — The v/ord 
 
 "limited," its significance and penalties surrounding it, 251. 
 
 CJIIAP. XVII.— LANDLORD AND TENANT, 252. 
 
 The three classes of tenants, 253 — The lease, 254 ; written, 
 oral, or under seal — Oial lease good for three years ; written 
 lease for over three years ; time requiring rej^istration and 
 [ - seal, 254— Beware of the " Short Form " blanks, 255— The 
 
 1' landlord's covenant, 250 — Landlords' and other creditors' 
 
 t rights, 257— Who pays the taxes, 258, 340— The notice to 
 
 I ■ vacate, 259, 200— The landlord's legal powers, 201, 202, 20() 
 
 I —Evicting and doubling the vent, 201 — Dic'.raining for 
 
 I rent, 202 — Exemptions, 203 — List of exemptions, 90, 345, 
 
 340— Selling the exempted goods, 204, 344, 345— Goods of 
 third parties, 207 — Tenant resisting, 204 — Raising the rent 
 simply by notice not binding, 347 — Goods removed from 
 premises, 204 — Moving out with the exemptions, 205— 
 Penalty for illegal seizure, 208, 345 — Fixtures, 209 — Repairs 
 • on property, 270 — Landlord's compulsory repairs, 321 — 
 Boarders and lodgers, 271. 
 
 CHAP. XVIIL— COMMON CARRIER, 272. 
 
 Three classes; which ones are liable for damages, 272 — 
 When obliged to receive goods, 273 — Responsibility of 
 carriers, 274 — Wharehousemen, wharfingers and forwardhig 
 merchants similar to carriers, 274 — Bailment, what it is, 
 
COWrE^^TH— Continued. ' xi 
 
 •275 — 13ailee's obligation ; liabilities assumed when pro- 
 perty is l)orrowe(l, left as security or hired, 275 — Pavvn- 
 i)rokers, 276 — Must have license and their sign exhibited, 
 27(). 
 
 CHAP. XIX. KAIIAVAYS, 277. 
 
 Alarm at country crossiugs ; persons walking on tracks ; 
 checks for baggage; baggage for man and wife; damages 
 for delay ; conductor's badge ; damages to person or pro- 
 perty ; jumping off a ]iioving train: return tickets, 277 — 
 Telegraph companies, 278 ; secrecj', accuracy and prompt- 
 
 lU'SS. 
 
 CHAP. XX.— HOTKL-KKKPKPtS, 280. 
 
 Hotels couipelled to receive guests except under five cir- 
 cumstances, 2H() — The iiost's liability for property of guests )( 
 stolen or burnt, 282 — The lu)st's lien on goods of guests, ^i 
 
 28T- J3oarding liouses, 288. 
 
 CHAP. XXl.—INSrPAXCE, 284. | 
 
 Fire insurance, 285 — Six general cases in which a policy is ! 
 
 destroyed or vitiated, 286 — 'J'he agent held to be the agent . | 
 
 of the insured and not that of the company, 287 — Goods f 
 
 removed to another building, 288 — Adjustment of the loss, | 
 
 285), 292 — Xotice of hre to he given, 271 — Marine insurance, I 
 
 298 — Amount of loss paid, 204 — Insured when at sea, 295 1; 
 
 —Life insurance, 29(5 — Three classes of companies : stock 
 companies, unitual companies and assessment companies or 
 societies, 296 — Who may insure, 297 — The beneficiary, 
 298 ; when the benehciary is not a natural heir — Things 
 that void a policy, 299 — Notice of death, 800 — Action to 
 recover if company refuses to pay, 801 — Classes of policies, 
 802 — Suicides, 808 — xAccident insurance policies, 804. 
 
 CHAP. XXII.— WILLS, 805. 
 
 Who can make n valid will, 805— The testator, 30() — Execu- 
 tors, 807 — Intestate, 808 — Heir or legatee, 809 — Adminis- 
 trator, 310 — Who may write a will, 811 — Requisites to a 
 valid will ; two witnesses necessary ; the hist will and tes- 
 tament ; other things to be observed, 812 — Only a li\wyer 
 can now prove a will, 818 — Changing of wills, 814 — Codicil 
 to a will, 315 — Charitable bequests not always valid, 316 — 
 Preventing litigation, 317 — Sundry important items, 818 — 
 Legacy to a friend, soldiers' and sailors' wills, removal of 
 
xii CONTENTS— Co?iifm«e6?. 
 
 executors ; administration ; when the wife administers ; 
 heirs of an unmarried person, 318. 
 
 CHAP. XXIII.— SUNDRY LEGAL ITEMS, 319. 
 
 Right of way for pedestrians ; vahie received in a note ; 
 insolvent debtor selhng his goods ; tobacco for boys ; find- 
 ing money ; garnish^eing wages ; following debtors into 
 United States, 319 — Jurisdiction of Canadian Courts, 320 
 — The legal force of the words " without prejudice," 322 — 
 Replevin, 323, 361 — Law of heirship, 324 — False pedigree, 
 ![ 825 — Injuries received through defective sidewalks and 
 
 !1 roads, 326 — Selling liquor to minors, 327. 
 
 CHAP. XXIV.— EXTRADITION, 328. 
 
 Twenty-five offences for which persons may be extradited 
 between United States and Canada. 
 
 CHAP. XXV.— VARIOUS GUARDS AGAINST FRAUDS, 
 329. 
 
 I Forms for various legal instruments ; statutory deed, 330 
 
 t\ — Quit claim deed, 331 — Chattel mortgage, 332 — Discharge 
 
 of chattel mortgage, 333 — Renewal of chattel mortgage, 334 
 —Bill of sale, 335— House lease, 336— Farm lease, 337— 
 Will, 338 — Agreement for hire, 339 — Registration of part- 
 nership, 340 — Dissolution of partnership, 341 — Notice to 
 quit by landlord, 342 — Tenant's notice to vacate, 343 — 
 Notice for seizure of exemptions, 344 — Tenant's exemp- 
 tions from seizure for landlord's taxes, 346 — Raising the 
 rent by notice, 347 — Notice for doubling the rent, 348 
 — Priority of claims among creditors, 349 — Caring for 
 articles left for repairs ; selling such articles for payment, 
 350 — Husband cannot mortgage wife's goods, 351 — Wife 
 not liable for debts contracted for family, 352 — Absconding 
 debtors, 353 — Refusing to accept part payment on a debt, 
 354 — Relieving articles covered by a chattel mortgage, 355 
 — Purchasing stolen property, 356— Money received for 
 exchange applied on a debt, 357 — Legal tender, 358 — 
 Copyrights, cost, 359. 
 
 PART II. 
 
 Form of accounts ; business addresses ; miscellaneous short 
 rules and practical measurements ; farm bookkeeping. 
 
CHAPTER I. 
 
 LAW. 
 
 1. DEFINITION OF LAW. Law is a rule of action. As in this 
 volume only municipal law will be dealt -with, laAV -will be defined as 
 embracing all those rules of action, whether written or unwritten, 
 which have been established by the community for the guidance of 
 its inhabitants. 
 
 a. SOURCES OF LAW. Throughout the British Empire and 
 the United States the people are the source of all law. In Great 
 Britain every Act passed by the people's representatives must have the 
 assent of the Sovereign before it becomes law. In the various Colonies 
 the sigr^ature of the Governor-Greneral, Lieutenant-Governor, or other 
 representative of the Crown must be obtained, and in the United 
 States that of the President or State Governor, as the case may be. 
 
 8. REPRESENTATIVE BODIES. In Great Britain, the Im- 
 perial Parliament including the House of Commons and the House of 
 Lords. In Canada, the Dominion Parliament including the House of 
 Commona and Senate and the Legislatures of each Province. In the 
 United States, Congress and the various State Legislatures. 
 
 4. DIVISIONS OF LAW. 1, Common Law. 2, Statute Law. 
 
 5. THE COMMON LAW is what is called the unwritten law. 
 It had its origin in the early days of Britain. The various races from 
 which have sprung the English people brought with them when they 
 invaded and settled in the country their respective customs and rules 
 oi action which, after the various provinces became united under one 
 government, caused considerable confusion for a time, until a uniform 
 body of law was established for the whole kingdom and thus called 
 the common law. Owing to the fact that but few of the early inhabit- 
 ants were able to read or write, the la-ws -were for a long time simply 
 preserved in memory, hence called the umoritten laiv. The term 
 tmtoritten does not now apply in the same sense that it did then, 
 because every princnple of the commou laio has long since found its 
 way into print through the thousands of volumes of reports giving 
 the rulings and decisions of the various courts, thus furnishin<2' prece- 
 dents for guidance in all future oases equal to any written law as to 
 uniformity and definiteness. 
 
I 
 
 / 
 
 6—13 CONTKACTS. 
 
 «. STATUTE LAAV is sometimes ealled the -written law in 
 eontradistiuetion to the unwriKen or oommon law. It is a law that 
 has been formally written out and introduced into Parliament as a 
 Bill, Avhieh being passed, becomes a law of the land under the name 
 of {Statute Law. 
 
 7. OTHER DIVISIONS OF LAW are: 1. Civil Law. 2. Criminal 
 Law. 3. Mercantile Law. 4. Marine Law. 5. Constitutinal Law. 
 6. International LaAV. These divisions are used because of the ditier- 
 ent objects to Avhich the law applies, 
 
 «.■ UNIFORMITY OF LAWS. The laws in Great Britain,Canada 
 and the United States are very similar owing- to the fact that all the 
 Slates of the Union, except Louisiana, adopted the old common hnr 
 of England, thus making it the fundamental law of the English 
 speaking people of the world; and it prevails in all cases where it 
 has not been abrogated or modified by Statute Law. 
 
 CHAPTER II. 
 
 CO NTRA CTS. 
 
 9. DEFINITION OF CONTRACT. "A contract is an agree- 
 ment between two ir more persons upon sufficient consideration to 
 do or not to do somt articular thing." Contracts are the basis of all 
 business transactions. A man buys a carriage, it is a contract; he 
 hires a man, leases a farm, borrows money on a note, each one is a 
 contract. A railroad or steamboat company agrees to carry 500 tons 
 of ooal, it is a contract. You write a letter asking a person to come 
 and clerk for you at $30 per month, he accepts and comes, it is a con- 
 tract. So contracts inchide all business transactions whether great 
 or fcimall. 
 
 10. THREE CLASSES OF CONTRACTS. 1 Simple. 2. Under 
 Seal. 8. Of Record. 1. Simple Contracts include promissory notes, 
 drafts, cheques, buying and selling, ei-ecting buildings, hiring, and 
 all the manifold transactions taking place each day in community, 
 except those agreements under seal, as deeds, mortgages and bonds. 
 2. Contracts Under Seal must of necessity be in writing. They do 
 not require a consideration to make them valid. The seal indicates 
 greater deliberation and solemnity in executing such contracts, and a 
 j' person is presumed to enter into them with a full knowledge of their 
 contents, hence debarred from afterwards pleading "insufficient con- 
 sideration." S, Contracts of Record are the entries in the rolls of a 
 
 i Court of its proceedings. 
 
 11. ORAL CONTRACTS are those made by spoken words. 
 - Vi. WRITTEN CONTRACTS may be printed or written, or 
 
 partly printed and partly written. 
 
 W^ is EXPRESS CO'NTRACTS are those where the agreement 
 
 is distinctly stated and the things to be done or not to be done defi- 
 
 
CONTRACTS. 14—22 
 
 nitely declared. Example: A fanner purchases a Self-binder for .^180. 00, 
 to be delivered ou or before the 5th day ol June and to be paid for on. 
 the 5th day of October. Here the terms are all expressed. 
 
 14. IMPLIED CONTRACTS are those where the terms are 
 not definitely stated but are presumed to be understood. E'v«<mp]e: 
 A customer leaves his order with a grocer to have delivered at his 
 residence five dozen of eggs and $2.00 worth of sugar. Nothing is 
 said about the price of eggs or the number of pounds of sugar sold 
 for a dollar, or anything about payment, but the parties themselves and 
 the law presumes a tacit understanding as to the prices and the time 
 of payment, 
 
 15. EXECUTED CONTRACTS are those which are completed 
 at the moment the agreement is made. Example: A person enters a 
 carriage shop, buys a carriage and pays for it; the contract is finished. 
 
 10. EXECUTORY CONTRACTS are those which are not com- 
 pleted at the time the agreement is made. Example: A person leaves 
 his order for a carriage to be completed in two mouths; or he buys it 
 now and agrees to pay for it at a certain date in the future. The 
 contract is not completed until the carriage is finished and the jDur 
 chase price paid. The larger part of contracts is of this class. 
 
 17. AG-REEMENT is a mutual assent. In the definition of a 
 contract it was stated that "A contract was an agreement," etc. An 
 agreement is "something to which two or more persons give their 
 assent." A contract is composed, of a proposition and an acceptance 
 of the terms and in the same sense as made. 
 
 18, A PROPOSITION. One man offers to sell a horse to anoth- 
 er for $100.00. The other party says he will buy the horse but will 
 only give $85.00. This is not assenting to the proposition made but 
 is a new proposition. Any other change made in the terms proposed 
 would have the same effect as if the second party would say to the 
 first that he would accept the offer but could not pay for three months. 
 There is no assent here. 
 
 1«. AN ACCEPTANCE must be the simple acceptance of tne 
 proposition without any change of terms. In such case the two 
 minds meet, and there is mutual assent, hence an agreement. 
 
 20. TIME FOR ASSENT. An oral proposition which does not 
 include any provision as to time ceases when the parties separate. If 
 a time is fixed for acceptance it must be given within that time. 
 
 21. PROPOSITION BY MAIL. When a proposition is made 
 by letter the contract is closed when the letter of acceptance is placed 
 in the post office. 
 
 22. WITHDRAWAL OF PROPOSITION. A proposition may 
 be withdrawn any time before the acceptance has been given. In 
 case a propositio. made by letter is to be withdrawn the letter of 
 witdrawal must be in the post office before the letter of acceptance 
 is placed in the post office, otherwise it is too late. Withdrawal may 
 
v 
 
 23—30 CONTRACTS. 
 
 bo made by toleffraph or 1)y telophoue, but the latter would uot be 
 safe unless th(>re Avere a witness. 
 
 23. IMPLIED ASSENT or acceptan(>e in many cases make.s a 
 valid contrat.'t. The cases menaoned under implied contracts hold 
 here also. Another example: The ^vii'e or childrpu i)u. chasin[>' neces- 
 saries at a store the assent oi' the father is implied and binds him, 
 unless notice to the contrary has been g'iven. 
 
 24. ASSENT OBTAINED THKOUCrJl FRAUD is not binding 
 on the party who was defrauded. Such a contract may be rescinded 
 by the innocent party, but he must do so immediately after he dis- 
 covers the fraud. He must also refuse to ex<'rcise ownership over 
 the subect-rnatter of the contract or accept anv ])r<>lits arising Irom it. 
 
 25. ASSENT OBTAINED THROUGMI FORCE is not binding. 
 If assent is obtained through threat of bodily harm, imprisonment, or 
 any similar illegal pressure it is void, because under duress. 
 
 20. ASSENT THROUGH A MUTUAL MISTAKE does not bind 
 either party, because there was no actual assent given. Example: 
 Counterfeit money innocently passed by one person to another in 
 payment of a debt and received as payment by the other party would 
 be no payment, because of the mutual mistake. It -would need to be 
 returned promptly, however, after the discovery. There is but small 
 latitude, however, allowed in law for mistakes. 
 
 27. SUFFICIENT CONSIDERATION means the reason or 
 inducement upon which the parties give their assent and agree to be 
 bound. In every binding contract there must of necessity be a legal 
 consideration and what the law denominates a "sufficient consider- 
 ation." It need not be a monetary consideration, but may be either: 
 (1) a good consideration, or (2) a valuable consideration. One is as 
 valid as the other. 
 
 28. A GOOD CONSIDERATION is one based upon natural 
 love and affection. Example: A father may deed to his child a por- 
 tion of his land and it would be valid. He could not recover after- 
 ■wards even if he desired to do so. A promise to give a deed sometime 
 in the future would not be binding. 
 
 29. NOT ALWAYS SUFFICIENT. A father in financial em- 
 barrassment could not throuirh natural love and affection convey to 
 his son a portion of his property to save it from his creditors. A 
 creditor affei;ted by such a conveyance may bring an action to set 
 aside the conveyance, ajid the propertv sold to satisfy the claim. 
 
 ;iO. VALUABLE CONSIDERATION may be either a benefit to 
 the person nuiking the promise, or a loss to the person to whom the 
 promise is made. It may be something of value given or promised to 
 be given to the person making the promise, or an inconvenience to 
 the person to ivhom the promise is made. Any of these would con- 
 stitute a sufficient consideration. (1). A benefit to the promissor — A 
 tailor promises to make a suit of clothes for a person for |20.00, or for 
 cue month's labor. (2). Inconvenience to the promisee — A person 
 
CONTRACTS 
 
 31—88 
 
 might lose a g-old watch and tell a.^other person he would give it to 
 him ii he could iiud it. The loss of time and int'o.ivenieuoe experi- 
 enced m hunting for it would be sufficient consideration to make 'the 
 promise binding. 
 
 31. MUTUAL PROMISES are a valid consideration if made at 
 the same time. At a different hou», even on the same day, they 
 would not be binding. 
 
 .^^^ A CONDITIONAL PROMISE is a suffi.^ient consideration 
 for a direct promise, but tht conditional promise is not binding unless 
 the consideration is complied with. Example: A horse is purchased 
 lor !$ 125.00 on the condition that he proves true in harness; both 
 parties are bound if the condition is met, but if the condition, fails the 
 purchaser is free to rescind the contract. 
 
 3». GRATUITOUS PROMISES are not binding because there 
 is no equivahnit given. 
 
 34. CON^^iDERATION IN REGARD TO NEGOTIABLE 
 PAPER is presumed. Promissory notes, acceptances and cheques in 
 the hands of an innocent holder for value are valid, even if they were 
 issued without a consideration. With such paper consideration is 
 presumed, and a third party buying them before maturity, without 
 knowing there was no value given, will collect them. The party to 
 whom they were given without value could not collect them; neither 
 could third parties if they purchased them after maturity. 
 
 35. CONSIDERATION AS TO CONTRACTS UNDER SEAL 
 Contracts under seal are valid Avithout a consideration. 
 
 3«. INSUFFICENT CONSIDERATION. An agreement upon 
 no consideration, or insufficient consideration, cannot be legally en- 
 forced. For example, A farmer promises his hired men an addition 
 to their wages in consideration of their making extra exertions to get 
 in the mown hay before a threatening storm; or a vessel captain pro- 
 mises his sailors an addition to their fixed wages if they will make 
 extraordinary efforts during a storm. In either case the promise is 
 gratuitous and not enforceable, the employes being bound to so act in 
 their respective services. A promise to pay another's debt, already 
 incurred in like manner, is gratuitous, and cannot be enforced. 
 
 37. ILLEGAL CONSIDERATION is where the act to be per- 
 formed is forbidden by law, as smuggling goods into the country, 
 buying a lottery ticket, publishing or selling immoral literature. In 
 all such cases the party making the promise is not bound to keep it 
 . 3«. IMPOSSIBLE CONSIDERATION is an agreement to per- 
 orm something which from its very nature is impossible. Example: 
 A man might agree as the consideration of some contract to walk from 
 Buffalo to Montreal in six hours, but he would wt be held by law, as 
 it would be impossible of fulfilment. A man ii ,^ht, however, agree 
 to build a certain house in three days and be utterly unable to accom- 
 plish it; still he would be held for damages, becaiise it would be 
 possible to have men and material enough at hand to perform it. 
 
SU—VJ 
 
 CONTKALT.S. 
 
 ! 
 
 ll, 
 
 ;M). MOliAL OBLIGATION is bindiug in honor, but not in 
 law. 
 
 • 4<». FAII.TJRE OF CONSIDERATION voids the contract. 
 Example: A person agrees to give |:^00.00for a certain interest in a 
 ])atent to manuiacture gas Mud afte-. wards the patent is Ibund to be 
 void. The contract caimoL be enforced. 
 
 41. PARTIAL FAILURE OF CONSIDERATION does not 
 destroy the contract, but the other party may obtain damages for the 
 part that failed. 
 
 4a. REQUISITES OF A CONTRACT. From what has been 
 given the requisites of a valid contract may be summed up as follows: 
 (1). It must be possible. (2). It must be legal (3). It must be made 
 by persons who are competent to contract. (4). It must be assented 
 to by each and all the parties (5). It requires a consideration, except 
 for those under seal. (6). It must be without fraud. (7). Some 
 require to be in writing and some under seal. 
 
 4:$. PERSONS COMPETENT TO CONTRACT include all 
 persons over 21 years of age and of sound mind. 
 
 44. PERSONS NOT COMPETENT TO CONTRACT are 
 minors, idiots, insane, persons wholly intoxicated. 
 
 45 MINORS, called in the law books Infants, are, in Canada, 
 all persons, whether male or female, under 21 years of age. In a few 
 of the States of the United States females are of age at 18 years, but 
 not so in Canada. A minor cannot make a note, even for necessaries; 
 but if he buys necessaries on account, the person from whom he 
 bought them may sue and recover either from him, or his parents, or 
 giiardians. 
 
 4«. MINORS MAY CONTRACT FOR NECESSARIES. What- 
 ever '.liings are necessary for him in his station and condition in life 
 he may contract for if he is not living with his parents or guardians, 
 who are able and willing to support him. 
 
 4Y. NECESSARIES FOR MINORS are usually reckoned board, 
 clothing and medical attendance, unless unnecessary talent is called. 
 A suit of tweed clothing for a son ot a mechanic, or any person in a 
 similar station ot life, would be regarded as a necessary, but a fur 
 overcoat or a gold watch would not be. 
 
 48. PAitENTS LIABLE FOR MINORS. While the minor is 
 living at home and supported by his parents or guardians, they are 
 liable for necessaries purchased by the minor, unless notice has been 
 given to the contrary. 
 
 4». MINORS NOT AT HOME and supporting themselves, and 
 collecting their own wages, do not bind their parents even for neces- 
 saries. A minor purchasing anything held to be a necessary for him 
 in his station in life, and refusing to pay for it, the merchant from 
 whom he purchased the article can sue and recover from him as 
 though he were of age. If, however, the parents should sometimes 
 pay part ol the minor's bills for necessaries, they become liable for the 
 
CONTRACTS. 50—56 
 
 whole of them. Minors not at home, and supporting themselves, may 
 sue and recover lor Avajies earned by themselves, no matter how 
 young- they are. They are also liable for any damage done or wrong 
 committed by them; also lor any criminal offence. 
 
 50. A MINOR'S NOTE, given even for necessaries, cannot be 
 collected. If a merchant should chance to take svich a note lor neces- 
 saries, he could not sue on the note; but he could hold the note until 
 maturity and then sue on the open account and present the note as 
 evidence of the debt. He could not sue until the note matured, as 
 that would be the date of payment. 
 
 51. LUXURIES FOR MINORS would be anything beyond 
 what the law classes as necessaries. For any such article bought on 
 account, the merchant cannot compel the minor to pay; if, h( wever, 
 the original goods are in his possession, the merchant has the power 
 to replevy and take them back. 
 
 33. A MINOR MAY RATIFY HIS CONTRACT. When a 
 minor comes of age he may ratify his contract made before age and 
 thus make it valid and binding. 
 
 53. REPUDIATING- HIS CONTRACT. A minor having made 
 a contract, which is yet to be executed, has a reasonable time after 
 reaching his majority in which to declare it void. He may also 
 rescind a contract that has been executed, but in such a case he 
 must restore to the other party the consideration if it be within his 
 power to do so. If it be impossible to restore the consideration, as in 
 the case of buying live stock that had died, or other goods that had 
 been destroyed by fire, he may still rescind the contract and recover 
 the full purchase price. Although a minor cannot bind himself in a 
 contract, still he can hold the other party to his agreement who makes 
 a contract with him. The same is true in regard to an idiot or an 
 insane person. 
 
 54. IDIOTS. Persons having so little intellect as to be unable 
 to perform the ordinary affairs of life cannot bind themselves in a 
 contract, 
 
 55. LUNATICS. Persons Avho have lost their reason are mani- 
 festly incompetent to contract. But unless the insanity is of such a 
 nature as to be patent to everybody, it must be established by legal 
 proceedings to be relieved from a contract he may have entered into. 
 To be adjudged insane it is necessary to be so adjudged by a Com- 
 mittee of Lunacy. A person who makes a contract with a lunatic is 
 boi\nd by it as though ho were dealing with a person competent to 
 contract. No person but the lunatic or his legal representatives can 
 void a contract that he has made. Contracts for necessaries for him 
 the law holds binding. 
 
 o«. LUCID INTERVALS. In some cases of insanity, persons 
 have intervals during which they are perfectly sane. These are called 
 lucid intervals, and contracts made during siu^h periods are binding 
 
 M 
 
. I 
 
 I 
 
 67—64 CONTRACTS. 
 
 57. DRUNKEN TERSONS. A person moroly stroncrly under 
 the influence of liquor is not legally, althougli he may he morally, 
 incompetent to contract. To be relieved from lial)ility on a contract 
 he jnay have enter«'d into, he must be wholly intoxicated, so as to be 
 unable to use his reason. Drunkenness will not relieve from ( rimi- 
 1 nal prosecution. 
 
 ' '»«. INDIANS. Our Indians are wards of the Crown, and thus 
 
 I protected from fraud {'.nd deception by beiiiii' placed in a similar posi- 
 
 tion to minors and rendered incapable of binding themselves in a 
 contract. A person who makes a contract with them is bouud, but 
 the Indian is not bound. 
 
 51). ALIEN ENEMIES. According to International law all 
 commerce between two nations at war is suppressed and contracts 
 rendered illegal and void. 
 
 I ILLEGAL CONTRACTS. 
 
 ! «0. AN AGREEMENT to do anything unlawful is void, and 
 
 i no court will attempt to enforce it. There are three general classes 
 
 I of illegal contracts — illegal because the thing to be be done, or not to 
 
 be done, is illegal. 
 
 i «l. THOSE AGAINST PUBLIC POLICY. The policy of a 
 
 community is to advance the public good, hence, whatever contracts 
 
 are opposed to the general good are said to injuriously affect public 
 
 policy, and are, therefore, void. Among such may be mentioned: 
 
 «i2. CONTRACTS IN RESTRAINT OF TRADE; as where a 
 
 i merchant would sell out his business and agree not to engage in 
 
 s business again of any kind, it would be void, becaues lawful trade is 
 
 considered for the public good. He could, however, bind hini.self not 
 to engage in business again in a particular locality, or in a certain line 
 of business, as it would only be a partial restraint of trade. Par- 
 tial restraint, however, if the nature of the case makes it question- 
 able, can only be determined by the court after reviewing all the 
 circumstances in that particular case. All combines, as among manu- 
 facturers by -which prices are forced up, are illegal. Organized 
 strikes, by which the actions of others are to be coerced, are illegal. 
 <«5. IN RESTJ^AINT OF MARRIAGE. Marriage is held to be 
 in the public good, hence any contract which wholly restrains mar- 
 riage is void. The condition in a bequest in a will to i child that he 
 or she does not marry is void, but, nevertheless, the bequest is good. 
 A partial restraint of marriage, where it is reasonable, may be valid, 
 as where a bequest is left to a child on the condition that marriage 
 should not be effected until the age of twenty-one, or say twenty-live 
 
 ' years, it would be valid because it would merely fix a date when 
 
 there would be less danger of contracting an ill-advi.sed marriage. 
 
 jl But if the time fixed would be, say fifty years of age, it would be 
 
 11 ; void because that would be unreasonable. 
 
 I «4. A HUSBAND'S BEQUEST TO HIS WIFE on the condition 
 
CONTRACTS. 
 
 tif)— 70 
 
 that she doos not marry again is legal, because she has once been 
 married, heiu;e not in restraint of niarria<>e, 
 
 «r.. A MAliUIAOE BROKEU. A contract to pay an auvnt for 
 contracting a desirable marriage is void; and even the money paid 
 upon such a contract may bo recovered. 
 
 m. CONTRACTS TO OBSTRUCT THE COURSE OF JUSTICE 
 are void. An agreement of a public oilicial to do something (Contrary 
 to his duty i-annot be enforced, and money promised him to use extra 
 exertions in the discharge of his duty in a particular course cannot 
 be recovered. 
 
 «7. IMMORAL CONTRACTS are void. A contract to lead an 
 immoral life is void. But after an immoral course has been begun 
 and an obligation has been given as compensation for damages, the 
 obligation can be enforced. Contracts to publish, sell or forward ob- 
 scene literatui'e are void. Contracts made on Sunday are void, be- 
 cause that day has been set apart as a day of rest and business pur- 
 suits prohibited. All bets, wagers, gambling lotteries, raffles, buying 
 on margin and promises to pay for votes are void. Contracts to de- 
 fraud the Government by smuggling, or to give an incorrect invoice, 
 are void, and all monev promised for such service cannot be collected. 
 
 «8. FRAUDULENT CONTRACTS are voidable. Examples of 
 fraud: A statement ci facts that the party making the statement 
 knows to be false. A concealment of facts that are known to one and 
 not readily discernible by the other, and yet such as should be re- 
 vealed, are samxjles of fraudulent contracts. The party who has been 
 defrauded may void the contract if he wishes, or he may affirm it 
 and compel the other party to perform it. If he wishes to void it two 
 things are necessary: (1). He must not accept any benefit derived 
 from it, or continue to act under it after he has discovered the fraud. 
 (2). He must give prompt notice of the fraud after he has discovered 
 it. If both parties practice fraud neither one can enforce the contract 
 against the other. A promissory note obtained through fraud, cannot 
 be collected by the party who obtained it, but upon coming into the 
 hands of a third party, before maturity, for value, and Avho did not 
 know of the fraud, would be valid and good ai>ainst the maker. 
 
 09. AN INSOLVENT'S MISRERRESENTATION. An insol- 
 vent person representing himself as solvent in order to obtain goods 
 on credit, is guilty of a fraudulent act. The seller disco veriiiu- it, may 
 cancel the contract, or recover the goods if they have been shipped. 
 An insolvent person need not disclose that fact to a creditor ircm 
 whom he is purchasing goods unless he is questioned as to his finan- 
 cial standing. 
 
 70. UNDERBIDDERS at auction sales, employed secretly to 
 run up prices higher than the real value of the articles, are fraudu- 
 lent towards third parties. A purchaser whose bid has been forced 
 up by such fictitious bidding immediately preceding his last bid, may 
 void his purchase. If underbidders are employed, and that fact pub- 
 
 .1': 
 
I» 
 
 ■|ii 
 
 71—75 CONTIIAC' '^. 
 
 licly iiimoniici'd Ix'fore the sale, it is not i'nuululont. The owner mny 
 also lix a price below which the goodw Avill not be sold, or he may 
 reserve one hid lor hiniKeli. 
 
 71, ASSIGNMENT OF AN INSOLVENT to save the property 
 from his credit ors may be set aside by an action brought lor that pur- 
 pose. It is valid as between the parties themselves, but not as to 
 creditors. 
 
 72 SELLING rEI{S( )NAL PKOl^ERTY, whi.h is still retained 
 in iiossession, is binding as between the parties themselves, but is not 
 bindiny au,'ainst creditors or subsequent purchasers, unless a Bill of 
 
 7;?. INNOCENT rURCHASERS FOR VALUE. A person ob- 
 taininu' g'oods, or a promissory note, or any other property through 
 fraud, and translerring them to an innocent third party for value, 
 gives them a valid title. * 
 
 74, STATUTE OF FItAUDS AND TERJURIES. This famous 
 Statute Avas jiassed in the twenty-ninth year ol the reign ot Charles 
 II. of Enu'land, and still exists there, in this country and in the 
 United estates, with but slight change. It was designed to pre- 
 vent the fn^quent commission of frauds and perjuries in regard to 
 the enforcing of old claims, and various kinds of promises to 
 answer for the debts of others, and providing that certain 
 contracts had to be in writing to be binding. The following 
 are the requirements of the Statute which come within the 
 scope of this work as they have; been varied by our Statutes: (1). 
 That leases of land for more than three years must be in writing. 
 (2). Contracts for the sale of lands, or for any interest in lands, must 
 be in writing and under seal. (3). Every agreement that by its terms 
 is not to be performed Avithin one year, must be in writing. (4). Every 
 special promise to ansAver for the debt, defavTlt or miscarriage of an- 
 other, must be in writing. (;j). F]very agreement, promise or under- 
 taking made upon considerations of marriage, except mutual promises 
 to marry, must be in Avriting. (6). Contracts made for the sale of 
 personal property, of $40.00 and .upwards, must be in Avriting, unless 
 part or all of the goods have been delivered, or a part of the purchase 
 price paid. P]acli of these divisions will be treated under appro- 
 priate chapters. 
 
 INTERPRETATION OF CONTRACTS. 
 
 75. Although it is supposed that parties entering into a con- 
 tract fully understand its terms, and will use language in expressing 
 them that Avill explicitly give their meaning, yet it often happens 
 that such is not the case; hence certain rules h.';i.ve been adopted to 
 interpret them when ambiguity occurs. The following are those of 
 chief importance: 
 
 1. The INTENTION of the parties at the time the contract was 
 made is considered, rather than the literal meaning of the words. 
 
PAYMENTS. 7«i— 80 f 
 
 2. Custom and usa(JE ol" that particular buHiiit'.ss and place will 
 be n'g'ardi'il ^vhcvt^ the -wonliiiii' of the (;ontract is doubtful. 
 
 3. TllK TK(;nNI(!Ali AVOUD.s and phrases used will be yiveu the 
 meaning in which they are enipluyed in thiit particular })usiuess. | 
 
 4. Vauiations bet w ken wkitino and printing. When one 
 part of a contract is written and anothc^r printed, it they disagree the 
 written portion will be accepted. 
 
 0. Lihehal coNKTUUcrnoN. \Vht>re the wordinjr of a contract is 
 ambijruous, it is a rule of the courts to construe it liberally, so as to 
 give ellect to the common sense of the a^-reement, even sotnetimes 
 rejecting objectionable clauses and supplying omissions. lUit wliere 
 the Statutes li-x a definite meaning, they Avill invariably be coiistrued 
 in th'vt sense. 
 
 tJ. Construction as to time. When no time is mentioned in 
 the contract for its execution, the presumption is that it must be done 
 at once, or in a reasonable time, and the courts will so construe it, 
 according to the nature of the work to be done 
 
 7. Construction as to place. The law of the place where the 
 contract is made governs its validity, and if it is to be performed 
 there also, it will govern its interpretation. If it is to be performed 
 in another Province or country, it must be in accordance with the 
 laws of that Province or country, otherwise it is void. 
 
 7«. PLACE OF SUIT. In case of trial for breach of contract 
 the place of contract determines where the suit should be held. 
 Contracts made by letter have for their place where the Letter of ac- 
 ceptance "was signed, hence thero the suit should be. The place of 
 contract iu regard to real estate is where the real estate is situated. 
 
 CHAPTER III. 
 
 PAYMENTS. 
 
 77. PAYMENT IN MONEY. Unless otherwise stated every 
 debt ifj payable in money. If iu gold, it must be in gold; if at a cer- 
 tain place,- it must be there; if to be sent by letter or by express, it 
 must be that way. If the directions are complied with and the 
 other party fails to receive the money, the debt is paid. 
 
 78. IN PROPERTY. When the agreement is such, any debt 
 or contract may be paid in goods, or other property, or in service. If 
 such articles are not tendered at the time and place agreed upon, the 
 debt becomes payable in money. Counterfeit money, a forged note 
 or cheque given and received in good faith, does not discharge a debt. 
 
 79. IN NOTES. A promissory note or acceptance being merely 
 a promise to pay is not an absolute payment, and if they are not paid 
 at maturity the debt stands the same as before. 
 
 80. TO WHOM Payment should always be made to the per- 
 
 
 4 
 
 U 
 
m 
 
 ilr 
 
 ! I 
 
 1 1 
 
 \ 
 
 I ■ 
 
 Ml 
 
 HI— 87 TAYMEMTS 
 
 sou iiientionod in the oontnut, unless it be a negotiable instrumeut 
 then to the holder. If nothing- is said, then it must be to the creditor, 
 himseir, or to his legal rei)resentaiive, such as an ay-cnt or attorney. 
 Cart! must be exercised when making paynunit to his n^presentative 
 that said party is authorized to receivt; the moui^y. 
 
 «1. IMiKSUMTTlOX OF PAYMENT. A note, a.iceptance, due 
 bill or re-'cipt in the hands ol' a debtor is ])resumptive tsvidence that 
 the debt is paid, and will so hold unl(\ss there is othi^r positive evi- 
 deiic-e io the contrary. 
 
 HH. AlTLl CATION OV PAYMENT. Where a debtor owes 
 more than one de])t to the same cn^ditor, and they are all due, the 
 debtor has tht^ right to say on Avhich de})t tln^ y)ayment shall be 
 applied If the debtor does not say on which debt it shovdd b-ej^laced, 
 then the creditor may apply it as \u\ may desire. When^ neither the 
 debtor nor creditor makes the api)lication, but credit is nnn-ely given 
 for the receipt of so much money, in casts the business mattcns were 
 settled in court the court would api)ly the; ))ayment on the diibt that 
 is lonsidtsred the most burdensomt! to tlus debtor. If the debts wtu'e 
 a book account, an endorstMl note, a chatttd mortgage and a judgment, 
 th»! I'ourt would apply it on the jvulunient: If tin; debt AVere a l)Ook 
 account only, the court would nppiy tlu^ i)ayment on thtj earliest 
 items. 
 
 H'.i. COMPROMISE. A largt; debt may be paid by a very much 
 smaller one wliere there is an agreement to that eflect. A disi)uted 
 claim may bt; paid by any sum where, there is an agreement to a<;cept 
 such sum in satisfaction for the claim. Tlui agreement should be iu 
 writing, or have a witness. 
 
 84. ARHlTliATlON AND AWAIID. In casts of any dispute 
 Avhere parties agre»> to leave the settlement to arbitration, they are 
 o})li<:t!d to accept tins award as final, providing the arbitrators keep 
 within thts limits ])rest'ribt!d lor them. 
 
 8-.. TlilNDEIl OF PAYMENT. A legal tender is the attempted 
 performance of a <"ontra(;t, Avhether it is to do something or to pay 
 something. If })ayable in goods, then goods of that kind and quality 
 must be oilered at the tsxat^t place and on the time called for in the 
 contract. If i)ayablt! in moiusy, it must be in the lawful money of 
 the country, if that is demanded. A creditor cannot be forced to ac- 
 cept a chtHjue as payment. If payment is not atjcepted when a legal 
 tender is oll'ered, interest stoi)s at that date, and no law costs or other 
 expenses can be required of the person making tins tendtsr, 
 
 ««. BR1":ACII Ol^^ CONTJtACT is a failure to do what was re- 
 quired, '.n- this doing of what was forbidden. 
 
 «7. REMEDIES are the means which the law provides for the 
 enforcemisnt of the rights created by the contract. Remedies are 
 divided into two classes — civil and criminal. The criminal are for 
 the punishnu'iit of crime and the protection of society; the civil 
 belong to the individual and enable him to enforce his personal 
 
PAYMJvNTS. 88-^90 
 
 rights and obtain compensation for his private wrongs. His remedy 
 is by snit lor damag(>s. There are dillerent chisses of damages: (ij. 
 Compensation for the actual loss sustained. (2). Nominal, where the 
 refusal to perform the contract is not regarded as intentional, but 
 merely through inability to do so. {!}). Liquidated, where the amount 
 is previously agreed ui)on in (!ase damages should be aAvarded. (4). 
 iSpeculative, Avhere the proiits that would have v(>sulted from the 
 performance of the (contract (!an bi; estimated, they may be recovered. 
 (5). Exemplary, where for a malicious violation of a contract a sum 
 in excestj of th»^ actual loss is awarded as a j)unisliment. 
 
 88. INJUNCTION. Where a portion is doing something he 
 contracted not to do, or is inlringing upon the rights of another, au 
 order may be obtained i'rom the (lourt r(?straining him from further 
 action until th(^ (;ase has been legally adjudged. 
 
 81). I'^XKCIJTION. If a judgment is not paid an execution may 
 be obtained to seize and sell the debtor's property to the amount of 
 the judgment and costs. 
 
 DO. laEMl'TIUNS. The following chattels are exempt from 
 seizure undin- any writ, or from distress by landlord: 
 
 1 The bed, bedding and bedsteads, including a cradle in ordi- 
 nary use by the debtor and his luiiiily. 
 
 2. The necessary and ordinary w«!aring apparel of the debtor and 
 his family. 
 
 3. One cooking stove with pipes and furnishings, one other heat- 
 ing stove with pipes, on(! craiui and its appendages, one pair of and- 
 irons, one set of cooking utensils, one i)air of tongs, one shovel, one 
 coal s<mttle, one lamp, one table, s'.: chairs, one washstand with 
 furnishings, six towels; one looking glass, one hair brush, one comb, 
 one? bureau, one clothes press, one cloc^k, one carpet, one cupboard, 
 ont! broom, twelve knives, twelve forks, twelve plates, twelve tea 
 cups, twelve sau<;ers, one sugar basin, one milk jug, one tea pot, 
 twelve spoons, two pails, one; wash tub, one scrubbing brush, one 
 blacking brush, one wash board, thrcM^ smoothing irons, all spinning 
 wheels and weaving looms in domestic use, one sewing machine and 
 attachments in dome *^ic use, thirty volumes of books, one axe, one 
 saw, one gun, six traps, and such fishing nets as are in common use. 
 The articles in this sub-division enumerated not exceeding in value 
 the sum of $150.00. 
 
 4. All necessary fuel, meat, fish, flour and vegetables actually 
 provided for family use, not more; than sullicient for the ordinary con- 
 surni)tion of the d<^btor and his family for thirty days, and not ex- 
 ceeding in value the sum of !S;40.00. 
 
 "). One cow, six she(;p, four ho<rs and twelve hens, in all not ex- 
 ceeding in value |75.00, and food therefor for thirty days, and one dog. 
 
 *!. Tools and implements of or chattids ordinarily used in the 
 debtor's occupation to the value of s^ 100.00. 
 
 7. Bees reared and kept in hives, to the extent of fifteen hives. 
 
!; 
 
 91—92 
 
 TAYMENTS. 
 
 il'i 
 
 i;:l' 
 
 it 
 
 The debtor may, in lieu ot keeping- the tools and implements 
 mentioned in Section G, elect to receive the proceeds of their sale in 
 cash, up to $100.00, in which case the ofiicer executing the writ 
 would pay over to the debtor $100.00, if those goods sold lor that 
 much net, and this amount the creditor could not seize. 
 
 AW the chattels so exempt from seizure as against a debtor, 
 after nis death, or in case he should abscond, the widow, or family 
 should there be no widow, are entitled to the exempt goods, and 
 such exempt goods shall not be liable to seizure under any attach- 
 ment against the debtor. 
 
 The debtor, his widow or family, or in the case of infants their 
 guardians, may select out of any larger number the several chattels 
 exempt from seizure. It is not left to the officer in charge to make 
 the selection. 
 
 None of the articles enumerated in sub-divisions 3, 4, 5, 6 and 7 
 are exempt from seizure in satisfaction of a debt contracted for that 
 identical article. 
 
 The exemptions, as enumerated, are not good against executic ■ • 
 for debts which were contracted before 0(>tober 1, 1887, if the exei. 
 tion has indorsed upon a certificate, signed by the judge of the court 
 out of which the writ was issued, that it is for the recovery of a debt 
 contracted before the date here mentioned, viz., October 1, 1887. For 
 any debt contracted since that date, this Act applies, and the exemp- 
 tions may be claimed. 
 
 »1. ' JUDGMENT SUMMONS. In case there cannot be prop- 
 erty found with which to satisfy the judgment claim, the creditor 
 may have the debtor summoned before the court to be examined on 
 oath as to the disposition ne may have made of his property. Every 
 such summons should be obeyed, for the person not making his ap- 
 pearance, at such time as directed in his summons, before the court 
 to be examined on oath as to the disposition he may have made of his 
 property, may be imprisoned for contempt of court. No person in 
 Canada cm be imprisoned for debt except the debtor is about to leave 
 the country and the debt he is owing is $100.00 or over. 
 
 Alter such hearing before the Judge, the latter may order a weekly 
 or monthly payment, and if this sum is not paid the debtor may also 
 be imprisoned for contempt of court. If circumstances should arise 
 afterwards by which this amount cannot be paid, the debtor should 
 go to a lawyer and have a statement prepared to bring the matter be- 
 fore the Judge to have his first order set aside or changed. 
 
 No other judgment will be enforced against a debtor while he is 
 paying off in this way one judgment. 
 
 «i2. DEFENCES. In any suit the defendant has the right to 
 set up some one or more of several pleas to the claims made 
 against him. 
 
 1. He may claim that he has performed his part of contract. 
 
STATUTE OF LIMITATIONS. 93— 9(> 
 
 2. That he has offered to perform it, but that the other party re- 
 fused to accept it. 
 
 3. A counter claim as an offsiit to part or to the whole claim of 
 the other. 
 
 4. That the claim has become outlawed. 
 
 5. That performance was impossil)lt\ (1.) Throuiih the acts of 
 God, as lightning, tornados, inundations or death. ('2.) By public 
 enemies, as an invadinu" army. 
 
 93. DRAWING- OF CONTRACTS. It is true economy to have 
 all important contracts drawn by a careful lawyer, but there are 
 many minor matters that should be submitted to writing that may be 
 done by any intelligent layman. In drawing up a contract it would 
 be well to observe the following: 
 
 State accurately the names in full, residences and occupations of 
 the parties to the contract, and the different promises each one is to 
 perform. 
 
 The instrument should be signed in the presence of a disinter- 
 ested witnr 3. If the instrument has already been signed it will be 
 sufficient for the person to acknoivledgc his signature in the presence 
 of the witness. 
 
 A seal should be placed on all important contracts. Even a church 
 subscription, or a promissory note draAvntorun several years, is better 
 to have a seal attached. It makes them good for twenty years. 
 
 CHAPER IV. 
 
 STATUTE OF LIMITATIONS. 
 
 94. The time within which the various kinds of debts must be 
 paid is fixed by Statute, and if not paid within that time they are 
 said to be outlawed. The debt is not cancelled, but the creditor loses 
 his right to sue and recover payment. 
 
 95, PROMISSORY NOTES AND ACCEPTANCES outlaw in 
 six years after maturity or last payment made on either interest or 
 principal. The date of maturity is the last day of the three days of 
 grace, hence the time commences to count the day after the third day 
 of grace. 
 
 Any payment, or a written acknowledgment of the debt, will 
 keep the paper alive six years from that date as against the party 
 making the payment or the acknowledgment. 
 
 9«. BOOK ACCOUNTS outlaw in six years from date of pur- 
 chase or last payment. 
 
 Accounts are, with regard to outlawing, "itemized," that is, each 
 item or purchase is treated as a separate account, and all moneys paid 
 on it are, unless otherwise specified, applied to the oldest items. This 
 particular feature of accounts should be remembered. 
 
.1 ' 
 
 4' 
 
 m 
 
 J^7— 99 STATUTE OF LIMITATIONS. 
 
 A debtor has the right, -when making- a payment, to sayou what 
 particular account it shall be applied. In case he neglects to do this, 
 the creditor has the privilege of applying it to any part he likes. In 
 case neither one applies it to any particular debt, it is by law, in cat*e 
 of personal accouuis, applied to the oldest items. 
 
 The various purchases on dilfcrent dates being put into one bill 
 and rendered to the debtor does not merge them into one debt so as 
 to change the time for outlawing- of any particular purchase, but 
 they all remain entirely separate and six years from the date of pur- 
 •chase of each item it is outlawed, unless there has been a part pay- 
 ment or a written acknowledgment. The payment of part of such an 
 account does not keep the whole alive. 
 
 The items of an account may, however, })e merged into a single 
 debt by what is called an "Account Stated." To lorm an "account 
 stated," an agreement must be ci me to between the debtor and credi- 
 tor by which the Tvhole account is ackiioAvledged. Where this has 
 not been done, it the merchant wants a part payment to keep all the 
 items of the account alive, he must apply part on every individual 
 purchase, even if it is not more than 25 cents on each. 
 
 A definite formal settlement in writing- between the parties, even 
 thousrh no money is paid, will serve to extend the time six years. It 
 always pays to keep an account alive, even though there is not much 
 hope of receiving payment. 
 
 {)7. MORTGAOE OX EEAL ESTATE will outlaw in ten 
 years from maturitv or last payment 
 
 98. CHATTEL MOIITGAG^ES are g-ood for twenty years as 
 between the debtor and creditor, and will hold the property that 
 long. As to other creditors, hoAvever, it will only hold the property 
 as security for one year, unless renewed, ^vhich must be done yearly. 
 
 In promissory notes, acceptances, book accounts and mortgages 
 that have become outlawed, a part payment or a written acknowledg- 
 ment will revive them and keep them alive for six years again, and 
 in case of the mortgage ten years. 
 
 Money also paid by the debtor to the creditor, Avithout any in- 
 structions as to what debt it should apply to. may be applied by the 
 creditor to any such debt that has been debarred by Statute, and thus 
 revive it. 
 
NEGOTIABLE ['APEK. 
 
 99—102 
 
 CHAPTER V. 
 
 NEGOTIABLE PAPER. 
 
 J>J>. Ne«?otiable paper iuoludes those instruments in use in a 
 community which pass freely from one person to another by simple 
 delivery or by indorsement. The word which gives them this nego- 
 tiability is bearer or order. Those which are transferrable by simple 
 delivery are written payable to a certain person, lirm or corporation, 
 or bearer, and those which are transferrable by indorsement are writ- 
 ten payable to a certain person, lirm or corporation, or order, and re- 
 quire to have the payee's name written across the back to be trans- 
 ferred. 
 
 The instruments classed under "Negotiable Paper" are promis- 
 sory notes, acceptances and cheques, but besides these there are also 
 the following, whi<h are negotiable by endorsement: Certificate of 
 Deposit, Letters of Credit, Warehouse Receipts, Bills of Lading and 
 Coupon Bonds. 
 
 100. PROMISSORY NOTES. "A promissory note is an uncon- 
 ditional written promise to pay a certain sum ol money at a specified 
 time or on the happening of a certain event. Notice carefully the 
 three points in this definition. 
 
 1. There must be no condition expressed. If there be a condition 
 expressed its character as a promissory note is destroyed and it be- 
 comes nothing but a written agreement, binding on both parties but 
 not negotiable. 
 
 2. It must be payable in money. If it is made payable in any- 
 thing except money its negotiability is destroyed and it is called a 
 chattel note. (See form). 
 
 3. It must be made payable at some specified time or on the hap- 
 pening of a certain event. If made payable so many days or months 
 after the death of a certain person, or the arriving at age of a 
 certain person, it would be as valid as if made payable after date, as 
 they are usually drawn. 
 
 At the inception of a contract by promissory note the parties to 
 the note are maker and payee. After its transfer other parties be- 
 come interested, and the holder takes the place of the payee. 
 
 101. DAYS OF GRACE. In Canada three days of grace are 
 allowed on all notes and acceptanc^es, except those drawn payable on 
 demand, which have no days of grace allowed. 
 
 102. MATURITY. A note or acceptance is legally due on the 
 third day of grace, and may be paid at any time during the business 
 hours of that day. If payable at a bank, it must be paid during 
 banking hours. 
 
 lAi 
 
"I^ 
 
 103—110 
 
 NEGOTIABLE rAPEK 
 
 When the time is expressed iu days, the aotual numbjr of day* 
 must be counted. In computing the time, the day upon which the 
 uoie is dated is not included, but commences on the following day. 
 If the time is expressed in months, it means calendar months, and 
 not merely thirty days. P'or instance, a note dated April 10th, at 
 three months, falls due July 10th, and the three days of grace added 
 makes July 18lh as its legal date of maturity. 
 
 lo;j MATURING ON SUNDAY. A note or acceptance falling 
 due on Sunday, or any legal holiday, is payable on the following day, 
 unless that again were a holiday, in which case it would be the day 
 after that. In New York, and some other States of the Union, a note 
 or acceptance falling due on Sunday or a legal holiday, is payable the 
 day before, but in Canada it is the day after, 
 
 1(>4. PLACE OF PAYMENT. It is not necessary to the valid- 
 ity of a note to mention in it any place of payment; but it is desirable, 
 for various reasons, that it should be done. The maker would then 
 know where to find it at maturity. 
 
 If there is an endorser on the note, then it is better for the holder 
 if it is made payable at a certain place, as he would have less diffi- 
 culty in making the legal presentment required in order to hold the 
 endorser. 
 
 When making a part payment on a note the payer should see 
 that the amount is endorsed on the note; otherwise he may have to 
 pay it a second time should the note fall into other hands, 
 
 106. INK OR PENCIL. A note or acceptance drawn with 
 lead pencil would be valid; so would an endorsement in pencil be 
 binding; but no person of ordinary prudence would use a pencil, as 
 it can be too easily erased and changes made. 
 
 106. VALUE RECEIVED. These words are usually inserted 
 in a promissory note, but they are not necessary to its validity. 
 
 107. CANCELLING SIGNATURE. When a note is paid the 
 name should never be torn off, as is usually done, but simply draw 
 one or two lines through the signature and file the note away as a 
 voucher. There is the same necessity for preserving a redeemed note 
 as there is a receipt. 
 
 108. SURETY is the person who agrees to pay in case the 
 maker fails to do so. If he puts his name on the back of the note he 
 is an endorser only, and the holder of the note must meet the require- 
 ments of the law in regard to presenting the note for payment. If 
 he writes his name on the face, with that of the maker, he becomes 
 one of the makers, and is, therefore, holden for payment, whether the 
 holder presents the note for payment or not. 
 
 10t». A MINOR'S NOTE cannot be collected, either from him 
 or his parents or guardians. 
 
 no. NOTE OBTAINED THROUGH FRAUD is void in the 
 hands of the original holder, but if he transfers it to another person 
 before maturity, who gives value for it and does not know of the 
 
111—115 NEaOTIABLE PAPER. 
 
 iraud, then this third party will collect it. No difference what the 
 fraud may have been, or deception, or even if it had been stolen, this 
 innocent holder, for value, has a good title and will collect it. 
 
 If, however, it is transferred after maturity, then the pur*'haser 
 does not, in that case, obtain any better title than the original owner 
 possessed. 
 
 111. A FORaED NOTE is void, and cannot be collected under 
 any circumstances. 
 
 VARIOUS FORMS OF NOTES 
 
 112. INDIVIDUAL NOTE is written: "/ promise to pay," and 
 signed by one person. 
 
 113 JOINT NOTE is written: "We promise to pay," and 
 signed by two or more persons, who are not partners. See follow- 
 ing torm: 
 
 $100.00. 
 
 St. Catharines, April 4th, 1892. 
 Three months after date ive promise to pay James Smith or 
 order One Hundred Dollars, at the Imperial Bank here, for value 
 received. 
 
 John Winters. 
 J. H. White. 
 
 In the above note both parties are supposed to have received 
 value and agree to pay it jointly. Each one, in this case, is only liable 
 for one-half the amount. If it should become necessary to sue in 
 order to collect it, the parties mt st be sued jointly. If one of the 
 parties left the country, and his address could not be ascertained so as 
 to serve him, he may be served substitutionally. The one-half can then 
 be collected from the other pariy. 
 
 If, however, one of these two parties, instead of having an equal 
 interest in the consideration for Avhich the note was given, had no 
 interest at all, but merely signed the note as a surety, and he should 
 leave the country before maturity, or it was found that he was insol- 
 solvent, so that nothing could be collected from him, in that case the 
 whole amount would be recoverable from the other party who re- 
 ceived the value. 
 
 1 14. PARTNERSHIP NOTE is also usually written "?<;e" pro- 
 mise to pay, but in that case it is not a joint note, although it has 
 that form, but is a joint and several note. Although three or four 
 may sign, they are all individually liable for payment of the whole 
 note on account of the partnership laws, by which each one is liable 
 for the whole debts of the firm. 
 
 113. JOINT AND SEVERAL NOTE is one signed by two or 
 more persons, who thus promise to pay cither jointly or individually, 
 if necessary There are several fo:ms for the wording in general use, 
 as: "We, or either of us," promise; or "We, jointly and sc orally," 
 
IS 
 
 116 NEGOTIABLE PAPER. 
 
 promise; or simply 'T' promise to pay; and let as many sign it as are 
 iuterestod it being an "I promise" lor each one. The latter form is 
 preferable, because shorter. 
 
 $100.00. 
 
 St. Cathauinivs, April 4th, 1892. 
 Three vwnths after date ire or either of us proi/iise to pay * 
 James Smith or order One Hundred Dot tars, at the Bank of Toronto 
 here, for value received. 
 
 John Winters. 
 J. H. White. 
 
 In the above note each one is liable for the "whole amount, and if 
 the holder found it necessary to sue in order to recover payment, he 
 could sue both or either one, just as he thought best. If he sued one 
 and collected the whole amount from him, then that one could sue and 
 collect from the other party, that is if the one iirst sued were only a surety. 
 
 Both of the preceding notes are negotiable by endorsement only 
 as they are made payable to James Smith or order; hence if he wished 
 to dispose of them he would be compelled to write his name across 
 the back, that is endorse them. 
 
 If they were written payable to James Smith or bearer, then he 
 could dispose of them simply by delivery or passing them over to the 
 purchaser. It is far better to iise order instead of bearer, because iu 
 that case a note lost or stolen before it had been transferred could 
 not be disposed of. 
 
 110. NON-NEGOTIABLE NOTES are those made payable to 
 a certain person, firm or corporation w^ithout inserting either of the 
 ■words bearer or order. 
 
 $100.00. 
 
 St. Catharines, April 4th, 1892. 
 Three months after date I /n'omise to pay James Smith One 
 Hundred Dollars, at the Hank- of Toronto here, for value received. 
 
 John Winters. 
 
 It is the intention of the parties to this note that it should not be 
 transferred, and it cannot be simply by delivery or endorsement. It 
 may be assigned like a due bill or bank account. 
 
 The party who may purchase such a note takes it subject to all 
 the defects and equities that may burden it. Sometimes they are 
 written to pay a certain person, firm or corporation only. But as the 
 law now provides, even those written in this way may be transferred 
 by endorsement of special -wording. 
 
 $100.00. 
 
 St. C.vTiiARiXEf!, April 4th, 1892. 
 On or before the Fourth Day of July. 1802, I promise to pay 
 to James Smith or order One Hundred Dollars for value received. 
 
 W. Winter. 
 
NE(rOTIAl'.I.K IWPHR. 117—120 
 
 Tlio .'ibovc! lonn. Avhii-h numes the date oi' maturity, is becoming 
 a populitr ()iit\ and is to I);' r(>inmtMi(l"d. 
 
 117. NOTi: SIGNED 15Y ONE WHO CANNOT WRITE : 
 
 8100.00. St. C.\TiiAi{ixEs, April 4, 1892. 
 
 T.iree niontlts after date I promise to pay to the order of 
 James Smith, at the Bank of Toronto here, One Hundred Dollars, 
 ivith interest at ei<^ht per cent, per annum, for value received. 
 
 "Witness: CiiAitiiKs Su.mmkus. 
 
 His 
 
 W. X Winters. 
 
 Murk. 
 
 The party sig'iiinir a note in this way may take hold of the pen 
 ■while his name is beini^ written or he may not; ho may make his 
 own cross or he may not, just as he wishes. Tliere must, however, 
 be a witness to the signature. The party assisting" to make the note 
 may sign as the witness if no other person would be convenient. 
 
 118. PATENT TIKHIT NOTES AND ACCEPTANCES. Any 
 note or acceptance given for a patent right, or for any interest in a 
 patent right, is void, unless it has written or printed across the face 
 of it th»^ words, "G-iven for patent right." Any person who inten- 
 tionally transfers a note he knows was given for a patent right, and 
 is not thus marked, is liable to a fine not exceeding $200.00 or one 
 year's imprisonment. The purchaser of a patent right note receives 
 no better title than the original owner possessed. 
 
 1 MK ACCOMMODATION NOTE is one given where there has 
 been no value received. They do not differ in form from any other, 
 and appear to be innocent enougli, but a familiar quotation tells the 
 whole story, "Whosoever is deceived thereby is not wise." 
 
 The party receiving the accommodation usually makes his note 
 payable to the person who is to lend his name, who endorses it, 
 thus making himself liable for its payment in case the maker fails 
 to redeem it ■\vhen it falls due. 
 
 12(>. CHATTEL NOTE is one payable in merchandise of some 
 kind instead of money. They are not negotiable, even if the words 
 bearer or order should be inserted, but they may be transferred by 
 issignment the same as a due bill or book account. Following are 
 two forms: 
 
 St. Cathaeines, April 4th. 1892. 
 Five months after date I promise to pay James Smith, at his 
 
 store, One Hundred Barrels of good Baldwin Apples at market 
 
 prices. J. W. WINTERS. 
 
 885.00. St. Catharines, April 4th, 1892. 
 
 Fire months af'er date I promise to pay James Smith, at his 
 store. One Hundred Bushels of good merchantable Barley, at 85 
 cents per bushel. James Winters. 
 
 i 
 

 
 
 ji 
 
 
 ,4 
 
 ll 
 
 V, 
 
 
 ■l 
 
 
 NEGOTIABLE I'ArEli. 
 
 If the pai'ty j^ivincf suc^h a note does not tender the articles it the 
 time and plare mentioned in the note, the amount lieeomcs payablo 
 in money. 11" the articles are cuml)crsome and he oilers to deliver 
 them, it will he suliicient. IT the payee refuses to rereive them the 
 debt is dischaiged by the tender ot the artiides, accordinu- to the direc- 
 tions in the note, but the property in the articles tendered passes to 
 the payee. 
 
 II" the debtor should be compelled to take the jroods home ai^ain, 
 he becomes the bailee for the payee, and must i^ive them ordinary 
 cure, but at the risk and exi)ense of the paytH'. If at any time ofter- 
 'wards the creditor reqm'sts their delivery, they must be delivered up 
 11 the expenses that may have been incurred have been paid. 
 
 Suih notes are not ne,<rotiable, still they are a bindinu^ contract 
 and a very desirabU* form in which to i)lai't^ all sucii transactions, 
 •which are a frequent occurrence among farmers and fruit growers. 
 
 121. LIEN NOTE is an ordinary promissory note, with a clause 
 added which prevents the ownership of the article sold from passing 
 to the purchaser until the note has been paid in lull. 
 
 Lieu agreements, and sometimes accompanied ])y a lien note, are 
 in common use among sewing machine, organ and piano, and agri- 
 cultural implement agents, but these are generally lengthy docu- 
 ments, with various conditions attached, for the safety of their pro- 
 I)erty so widely scattered among strangers. 
 
 The following form is equally as safe for the sale of a horse or 
 wagon in a community where the parties are known: 
 
 $100.00. 
 
 St. CvTiiAiMNES, April 4th, 1892. 
 
 »S/./: Dionflis after date I promise to jiai/ .Tallies ^luith or order 
 
 One Hundred Dollars, for value receired. The ri^ht and title to 
 
 the possession of the property/ in the baif horse, for vfhirh this note 
 
 is given, to remain in the said James Umith until this note is paid. 
 
 J. Winter. 
 
 Such a note may be taken for an article that i« being sold, buw 
 not for any debt that has already been contracted. The purchaser 
 takes the article and has the full use of it, but he does not acquire its 
 ownership until the full amount of the note, or any renewal of it, is 
 paid. It is negotiable the same as though this clause were not added; 
 indeed, it is better than an ordinary note, bet>ause it has this much 
 security. Such a mote taken for an article sold will hold it against 
 all other creditors, except for rent and taxes, and it can be re-taken if 
 sold or mortgaged to other parties. 
 
 Goods taken by the seller may be redeemed by the purchaser 
 within twentj days from the time when possession was re-taken by 
 paying arrears, interest and costs. Goods of the value of $30.00, or 
 upwards, re-taken, five days' notice must be given the purchaser be- 
 fore they are sold. 
 
 ■M 
 
NEG0TIA13LK PA PER. 
 
 VJ2— 123 
 
 In regard to organs, pianos, s<«wing machines, ac^ricultural im- 
 plements, etc., the name and address of Iho seller must he painted or 
 otherwise marked on the artii'le, and a copy of the lien lilcd at the 
 County Court Clerk's oiliee. The lee is 10 cents. A copy of the lieu 
 also be left with the i)ur»haser. 
 
 For ordinary household furniture, live stock, buggies, wagons, 
 etc., the note is sulHcient without the registration or the name being 
 attached. 
 
 With such a note a horse or wagon could be sold to a man who 
 is believed to be honest, but who is iinancially embarrassed, because 
 other creditors cannot touch it. 
 
 laa. INTEREST. The legal rate of interest in Canada is six 
 per cent., but we have no usury law. A note drawn where nothing 
 is said about interest will not draw interest until maturity, l)ut if not 
 paid at maturity it will then commence to draw six per cent. A note 
 drawing a higher rate than six per cent., if not paid at maturity will 
 drop to six, and a note drawing a lower rate than six, if not paid at 
 maturity will rise to six per cent. 
 
 Any rate of interest that a man agrees to pay, and is written in 
 the note, will be collected. 
 
 If the rate is over or under six per cent., and it is desired that it 
 should remain at that rate after maturity also, a clause must be added 
 like the following: "With interest at (the rate desired) until matur- 
 ity, and thereafter at same rate, until paid. 
 
 Compoiand interest cannot be collected unless it is agreed in the 
 contract >to be paid." 
 
 Book accounts differ from notes. A book account overdue will 
 not draw interest unless the merchant has it printed on his invoices 
 and bills he gives with the goods that interest will be charged after 
 u certain date. Then it can only be six per cent., unless the debtor is 
 willing to pay more. 8imi>ly having eight or ten per cent., as the 
 case might be, printed on the invoices does not mfike the charge legal, 
 and the debtor may refuse to pay anything over six. 
 
 ACCEPTANCES. 
 
 123. ACCEPTANCE is the name given to a draft after it has 
 been accepted. A draft is an unconditional written order from one 
 person, called the drawer, to pay a certain specified sum of money, at 
 & specified time, to a third party, called the payee. Drafts are also 
 iialled Bills of Exchange. IBills of Exchange are divided into two 
 classes, viz., Inland Oi Domestic, and Foreign. 
 
 There are three days of grace allowed on all except those drawn 
 *'on demand." 
 
 The foreign are usually sent in sets of three, called a set of ex- 
 change, and each sent by a different route, or on a different date, so 
 as to guard against delays in case of accident, one of the three being 
 almost certain to reach its destination. 
 
'it * 
 IfM 
 
 128 NEGOTIABLK PAri-R. 
 
 $100.00. 
 
 St. Cathakinks, April 4th, 1802. 
 
 Three months after sight pay to the order of Jdines Hender- 
 son, at the Imperial Bank here. One Hundred Dollars, value 
 received, and charge to account of 
 
 .Tame.< Smith. 
 W. Winters, Hamilton. 
 
 When the above drait would be presented, say Ai)ril (Ith. to W. 
 Winters tor acceptance, ha •would write across the liu e pretty well 
 towards the upper end, Avbich is the lel'thand side, the words ''Accept- 
 ed April G, 1892. Payable at my ofhce. W. Winters." He could 
 make it payable at the Imperial Bank or any other bank if he wished 
 This draft, being accepted April (ith, would fall due three months 
 alter that, including the three days of grace, thus making it ma- 
 ture July 9th. 
 
 $100.00. 
 
 St. Cath amines, April 4th, 1802, 
 Ninety days after date pay to the order of w//self, at the 
 Bank of Toronto here. One Hnndrct Dollars, for vol ne received, and 
 charge to account of 
 
 James Smith 
 To W. Winters, Hamilton. 
 
 In accepting the above draft, which is 'payable after "date,"' W. 
 Winters need not write the date of acceptance, as the time when it 
 will mature is fixed in the draft, being made payable ninety days 
 after its date. In the first form it was necessary to insert the date of 
 acceptance, as it is payable three months after "sight," that is alter it 
 was ])resented for acceptance. 
 
 This draft W. Winters made payable at the Bank of Montreal: 
 
 $100.00. 
 
 St. Catharines, April 4th, 1892. 
 
 At sight pi'.' to the order of James Smith One Hundred 
 Dollars, for value received, and charge to the account if 
 
 James Smith. 
 To W. Winters, Hamilton. 
 
 The above* draft is supposed to be paid when presented, but if 
 Mr. Winters would need a little time he may accept it in the usual 
 way and take the three days of grace. 
 
 It will be noticed^that we have varied the expression of the payee 
 in each of the drafts given. The first was made payable to a third 
 party, <the sec( ud to " myself," and on the third the name was used. 
 In the latter t\\ o cases the drawer and payee are the same person. 
 
 It will be noticed also that in the first draft the drawer made it 
 payable at the Imperial Bank, but the acceptor changed that and made 
 
 ii; 
 
NECIOTIAULE TAFKl 
 
 124 
 
 . payable at his own oflico. This is the arceptor's jirivilofro to make 
 it payable at any bank, or other pla<;«^ that suits hisown convenience 
 
 $100.00. 
 
 St. Catiiai;ink.s, April 4. 1892, 
 
 On (leiiiand /mif to the order of Brcwrt Jints. One Hundred 
 Dollars, mine received, and charge to account of 
 
 James Smith. 
 To W. Winters. 
 
 The above form of draft has no days of grace allowed, but is 
 payable when demanded. 
 
 If it is not paid when presented, the holder has the privilege o| 
 giving time. In that case it would be accepted as other drafts, plac- 
 ing the date oi acct'ptance upon it. It would not commence to draw 
 interest until it was presented, but would commence at that date to 
 draw six per cent. 
 
 It would also commence to outlaw from the date of its present- 
 ment. An endorser on a demand note or draft is held for six years 
 from the time the demand wa.s made. 
 
 A draft may be accepted for a part of the amount by writing 
 •'Accepted for (naming the amount)." When a partial acceptance is 
 made the drawer must be notified; also the endorsers, if there are any. 
 The holder may refuse such an acceptance, and if he does he must 
 protest the bill. 
 
 124. A CONDITIONAL i^ CCEPTANCE is one in which the 
 acceptor makes the payment conditional upon something contained 
 in it, as: "Accepted, payable out of the funds of Amity Lodge, No. 
 32, A. F. & A. M. W. Winters, Treasurer." ' 
 
 In such a case W. Winters would not make himself personally 
 liable. 
 
 An acceptor may also change the time, as, for instance, from 60 
 to 90 days, but in all such cases where the original conditions of the 
 draft are changed, the drawer and all endorsers are relieved, unless 
 they are notified. If, after receiving such notice, they do not, within 
 a reasonable time, express their dissent, they are held to have given 
 their assent to the change, and thus remain bound. The change of 
 place for payment does not affect the draft, but the change of amount 
 or time does. 
 
 A note or draft may be dated either forward or backward, or on 
 a Sunday, and it is valid. A note or draft or any other contract made 
 on Sunday is void. A note or draft outlaws six years from maturity 
 or last payment. A part payment, or a written acknowledgment, 
 will keep a note or draft alive for six years from that date, or revive 
 it if it had become outlawed. 
 
 If, through oversight, no date were placed on a note or draft, tha 
 holder would have the right to insert the proper date according io the 
 intention of the parties at the time the instrument was made. 
 

 1| 
 
 i 
 
 11 \^ 
 
 125—126 NEGOTIABLE PAPER. 
 
 Any interlineations made in a note or draft by the holder, after it 
 has been signed, -will relieve both the maker and endorsers. 
 
 CHEQUES. 
 
 125. A CHEQUE is a demand draft on a bank. They have no 
 days of g-race allowed. 
 
 9lo. 
 
 St. SatPvat-ivve*, fltpt-lC 4t'l'v, 1892" 
 
 BflHK OF TOt^OHTO. 
 
 E»J^-S- TO THE OSaXJBSa OF 
 
 .^auii^ Smnh %\00m 
 
 Qne- 'Mrl^■^l^Z'^b 'Doffars. 
 
 lOO 
 
 Formerly cheques were made payable to bearer, but the above is 
 the standard form now used throughout the United States and Canada. 
 
 A cheque may be made to answer for a receipt by inserting im- 
 mediately alter the closing word what it was given for, as "in full of 
 account," or "for rent," or "for tuition fees at college," etc. 
 
 A certified cheque is one marked "good" by the ledger keeper of 
 the bank. Then it may be sent anywhere in the country and will 
 be cashed by other banks. 
 
 Che.^ues are negotiable, the same as notes, and are subject to the 
 eame laws. 
 
 If a bank pays a forged cheque, the bank is the loser. 
 
 Cheques returned to the depositor by the bank should be filed 
 away, the same as receipts. 
 
 A cheque received should be presented for payment not later than 
 the following day. If it should be kept an unreasonable time, and 
 the bank fails, it would be the loss of the holder. 
 
 A cheque is not legal tender, and a person cannot be compelled 
 to accept it in payment for a debt. 
 
 A cheque refused to be paid by a bank upon which it was drawn 
 should be returned immediately to the drawer. 
 
 120. CERTIFICATE OF DEPOSIT is a receipt given by a bank 
 or money deposited. It is negotiable and bears interest. It is the 
 fl ame as a certified cheque, and will be cashed by any other bank; 
 h enco a convenient way of carrying money when it would not be de- 
 sirable to have much cash on the person. 
 
ENDORSEMENTS 
 
 127—131 
 
 CHAPTER VI. 
 
 ENDO RSEM ENTS. 
 
 127. ENDORSEMENTS are for the purpose of negotiation, or 
 for additional security. There are three principal ways of endorsing 
 a note or draft in general use : 
 
 1. Endorsement in blank. 
 
 2. Endorsement in full. 
 
 3. Endorsement without recourse. 
 
 128. ENDORSEMENT IN BLANK is where the name only is 
 written across the back of the instrument Such an endorser becomes 
 responsible for its payment, and the note or draft negotiable simply 
 by transfer. 
 
 129. ENDORSEMENT IN FULL is where the endorser restricts 
 the payment of the bill or note to some particular person. There are 
 several ways in which this endorsement may be ^vorded and the 
 effect varied in each case. He may wrice across the back "Pay A. B. 
 
 or order," and sign his name underneath. In this case A. B. cannot 
 sell the paper without endorsing it, as the maker of the note or draft 
 has been directed to pay A. B. or order. If such a note were lost no 
 one could collect it but A. B. or the one to whom he endorsed it over. 
 
 liiO. RESTRICTIVE ENDORSEMENT is where the endorser 
 stops its transfer and confines the payment to some particular party 
 as follows: "Pay to A. B. only," and places his name under it. This, 
 however, now may be tranf erred by the same kind of endorsement 
 as was given in connection with a promissory note. 
 
 131. ENDORSEMENT WITHOUT RECOURSE is where the 
 note or d^aft is made transferrable, but the endorser evades liability 
 for its payment. The following is the usual form, "Without recourse 
 to me," and the name written underneath as in other endorsements. 
 No subsequent holder can have any claim against such an endorser. 
 
 The following are illustrations of the various form to be written 
 acrof-s the back of the note or draft : 
 
 1. Endorsement in blank. 
 
 James Smith. 
 
 2. End(jrsement in full: Pay W. Winters or order. 
 
 James Smith. 
 
 3. Restrictive Endorsement: Pay W. Winters, only. 
 
 James Smith. 
 
 4. Without Recourse. Without r< course to me. 
 
 James Smith. 
 
 5. Specific Endorsement: For collection only on account of 
 
 James Smith, 
 
132—183 ENDOKSEMENTS. 
 
 6. Specific' Endorsement: For discount only to credit of 
 
 James Smith. 
 
 7. Specific Endorsement: For deposit only to credit of 
 
 Jam lis Smith. 
 
 8. Specific Endorsement: W. Winters is hereby identified. 
 
 James Smith. 
 
 9. Endorsement of Part Payment: Received on the within 
 fifty dollars, for -which a separate receipt was given. J. S. 
 
 No. 8 is simply to identity the holder at the bank without mak- 
 ing the endorser liable for payment. 
 
 No. 7 is where a cheque or bank draft would be sent to a bank at 
 a distance, or by other hands, for deposit. He thus guards against 
 the risk that would be incurred in sending a cheque endosred in 
 blank through the mails. 
 
 Nos. 6 and 6 are also precautionary measures to guard against 
 loss in sending by mail or through other hands, valuable papers to 
 the bank, and should be practiced bv business men more than they are. 
 
 132. ENDOKSEH'S contract. By his endorsement he in 
 effect agrees in good faith with all the subsequent holders that the 
 instrument itself is genuine and all the names on it previous to his 
 own are competent to contract and that the maker will pay at matur- 
 ity; that he will pay in case the maker fails to do so. 
 
 , Ui3. TO HOLD ENDOh'SERS. To hold the endorser for pay- 
 ment on a note or draft that has not been paid at maturity it is 
 necessary: 
 
 1. That the note or draft was presented for payment and notice 
 given. 
 
 2. That payment was refused, and 
 
 3. That you look to him for payment. 
 
 This notice may be sent by a notary, or the holder himself may 
 send it. 
 
 An oral notice is also legal, but it is always better that it be put 
 in writing. 
 
 If the note or draft is made payable at a certain place it must be 
 presented there for payment, H" it is not mentioned in the paper 
 where it is payable then it must be at the place of business or private 
 residence of the maker of the note or acceptor of the draft as the case 
 may be. Hhis place of residence cannot be found after due diligence, or 
 if he have left the country, the holder then may present it at the post 
 ofl&ce where he lived. It must be presented on the third day of grace 
 during business hours, and not on any other day either before or 
 after. 
 
 If these things are not complied with the endorser is free. The 
 endorser might not receive the notice for several days or weeks after 
 but that Avould not make any difference so long as it was mailed to 
 his supposed address. The notice should be sent within twelve 
 hours. A similar notice is also sent to the maker. 
 
ENDORSEMENTS. 
 
 134—136 
 
 If au extension of time is given, for a consideration, that binds the 
 holder; without having the consent of the endorser, he is free. 
 
 134. COLLECTION OF NOTES AND DRAFTS. Notes and 
 drafts made payable at a certain place should be presented there on 
 the third day of grace, even if there _is no endorser on them. If a note 
 is made payable at a certai)i place, with the words "and not else- 
 where," if it is not presented at the time and place interest stops at 
 that date until it is presented. 
 
 If there is an endorser, presentment for payment must be made 
 at the proper time and place. 
 
 AVhen there is no endorser and no place mentioned in]^them for 
 payment, the holder then is not bound to present at all for payment, 
 as it is the maker's business to ffo and take up his note. 
 
 1 :iPi. PROTEST is a notice sent by a notary public, who is also 
 generally a lawyer, to the maker and endorsers on a note or accept- 
 ance not paid at maturity. It contains the three facts already enu- 
 merated: "That the note or acceptance (giving its date, amount, by 
 whom made and endorsed) had been presented for payment; that pay- 
 ment was refused, and that the holders look to him for payment." A 
 copy of this notice is mailed to each name on the note or bill. The 
 charge for this notice is fifty cents for the protest and twenty-five 
 cents for each notice he sends out, and the postage paid on them 
 The more names on the paper, of course the greater the expense. 
 
 Protests are always used by banks, because the notary will not 
 fail to send a proper notice so as to legally hold the endorsers. Pri- 
 vate individuals seldom use them, but the same caution should, never- 
 theless, be taken in presentment of the bill for payment at the right 
 time and place, and also in forwarding a formal notice, as has been 
 described, to each of the parties. Many a holder has lost his security 
 by not presenting the paper for payment as the law requires. 
 
 13«, RELATION BETWEEN ENDORSERS. Where two or 
 more persons endorse a paper at the same time as security, and the 
 maker fails to pay, the holder may sue all or he may sue and recover 
 from either one he thinks best. In case he collects the note from one, 
 then that one may collect a proportionate share from each of the others 
 If there were thr-^e of them, he could collect one-third from each of 
 the other two; anJ. if only two, then he would collect half from the 
 other party. If the endorsements were at different dates, as they 
 would be where paper is transferred, then the first endorser is secur- 
 ity for all after him, etc. If the maker of such a note failed to pay, the 
 holder could sue all the endorsers, or any one of them he might choose 
 Say there were three; it he sued and collected from all, the last two 
 could each collect his share from the first, thus making him pay all, 
 because he endorsed first, hence was security for both. If the first 
 endorser, however, proved to be insolvent, and the second and third 
 had to pay the whole debt, then No. 3_would collect what he paid 
 

 'I A 
 
 • '1 
 : I 
 
 187 DUE BILLS, ORDERS AND RECEIPTS. 
 
 from No. 2, because he endorsed before No. 8, hence was his surety. 
 No. 2 woiild have to pay the Avhole debt and then look to No. 1 and 
 the maker, who are liable to him. and might sometime be in a posi- 
 tion to pay. 
 
 CHAPTER VII. 
 
 DUE BILLS. OR DERS AND RECEIPTS. 
 
 137. DUE BILLS. A due bill is a written acknowledgment of 
 a debt. They are not negotiable, either by delivery or by endorse- 
 ment, no matter if the word bearer or order is used, because they are 
 not a promise to pay. 
 
 They may be transferred by assignment. The following is a very 
 good form: "For value received I hereby assign to 'ames Smith the 
 annexed due bill. W. Winters." 
 
 This slip of paper should then be pinned fast to the due bill, and 
 James Smith should notify the maker of the due bill that he had pur- 
 chased it, and that the money is to be paid to him only. 
 
 FORMS OF DUE BILLS. 
 
 St. Catharines, April 4th, 1892. 
 Due James Smith Ten Dollars in goods from my store. 
 $10.00. W. Winters. 
 
 St. Catharines, April 4th, 1892. 
 Due James Smith for value received, ten dollars. 
 $10.00. W. Winters. 
 
 The above is payable in money. 
 
 St. Catharines, April 4th, 1892. 
 I. O. U. ten dollars. 
 
 W. Winters. 
 The above brief form is in general use for small suras of money 
 borrowed, and as due bills are not negotiable, the person's name is 
 not generally inserted. 
 
 St. Catharines, April 4th, 1892. 
 Due on demand to James Smith one hundred dollars, value re- 
 ceived. 
 $100.00 W. W^INTERS. 
 
 The above is payable in money. 
 
 St. Catharines, April 4th, 1892. 
 Du£ James Smith, May 10th, 1892, fift// dollars, in settle- 
 ment ofaccoimt. 
 
 W. Winters. 
 
 ■iiiiiiia 
 
DUE BILLS, OUDEKS AND RECEIPTS. 138—13 
 
 138. ORDERS. An order is a written request to deliver goods, 
 or may be money, on aiu-ount of the person making the request 
 When such order is received and acceded to, the person signing the 
 order should be charged lor the amount. If the order is in favor of a 
 third party, the name of the party reoeiviiT* the goods or money 
 should be mentioned in the entry, and th- r be preserved until 
 settlement is made. 
 
 They differ from a draft in being more simple in form and generally 
 for goods instead of lor money. 
 
 St. Catharines, April 4th, 1892. 
 Mr. James Smith: 
 
 Dear Sir, — Please deliver to Henry Summers thirty- Tive dollars 
 in goods from your store and charge to my account. 
 $35.00. W. Winters. 
 
 St. Catharines, April 4th, 1892. 
 Mr. James Smith: 
 
 Dear Sir, — Please pay to Henry Brooks or order thirty-five 
 dollars and charge the same to account of 
 $35.00. H. Summers. 
 
 St. Catharines, April 4th, 1892. 
 Mr. W. Winters: 
 
 Dear Sir, — Please let Mr. H. Brooks have such goods as he 
 may loith and charge to account of 
 
 James Smith. 
 
 St. Catharines, April 4, 1892. 
 Mr. W. Winters: 
 
 Dear Sir, — Please pay to the bearer, Mr. H. Brooks, thirty- 
 five dollars from the funds lejt loith you yesterday. 
 
 H. Summers. 
 
 139. RECEIPTS. A receipt is a written acknowledgment of 
 having received a certain sum of money or other value. 
 
 A receipt is not absolute evidence of payment, but it throws the 
 burden of proof upon the party who impeaches it. It may have been 
 obtained before payment was made, and then payment refused, or it 
 may have been obtained through fraud, or for some other purpose, but 
 the burden of proof rests upon the party who gave it tot show wherein 
 it is not valid. 
 
 A receipt given in full of all demands to date would not destroy 
 the creditor's claim for an additional item of account if an error had 
 been made which he could satisfactorily prove. It is evidence only 
 that so much money had been paid. 
 
 It is a creditor's duty to give a receipt on the payment of a debt, 
 but generally he cannot be compelled by law to do so. Where he 
 holds a debtor's note, or any other collateral security, he is compelled 
 to surrender it on payment. 
 
,t -I 
 
 139 
 
 DUE BILLS, ORDERS AND RECEIPTS. 
 
 
 
 ■I 
 
 
 Promissory uotes, acceptances, cheques, etc., when paid should 
 invariably be retained as vouchers for payment. Every form of re- 
 ceipt, or other evidence of payment of a debt, should be securely pre- 
 i<erved where they can be conveniently referred to when needed. 
 Receipts oiteu save loss of friends, as well as loss of money, in the 
 payment of an account the second time. 
 
 When a receipt is taken from an agent or collector it should have 
 the name of the principal on it, as well as that of the agent or collector. 
 
 When a receipt is likely to be refused, payment should not be 
 made except in the presence of a witness. 
 
 When a receipt is given for money paid on a note or other con- 
 tract, and an endorsement made, the latter should state the fact that 
 a receipt was given and the receipt should state that the amount had 
 also been endorsed on the note. 
 
 The following forms of receipt are in general use: 
 
 RECEIPT ON ACCOUNT. 
 
 Thorold, April 4th, 1892. 
 Received from James Smith one hundred dollars on account. 
 $800.00 H. Summers. 
 
 RECEIPT IN FULL OF ACCOUNT. 
 
 Thorold, April 4th, 1892. 
 
 Received from James Smith one hundred dollars in full of ac- 
 count to date. 
 
 $100.00. H. SUMMERa. 
 
 RECEIPT IN FULL OF ALL DEMANDS. 
 
 Thorold, April 4th. 1892. 
 
 Received from James Smith one hundred dollars in full of all 
 demands. 
 
 $100.00. H. Summers. 
 
 RECEIPT FOR RENT. 
 
 Thorold, April 4th, 1892. 
 
 mon 
 
 Received from James Smith one hundred dollars for three 
 jhs' rent of store, No. 4 St. Paul street, due April ist 
 
 $100.00. 
 
 W. Cosby. 
 
 RECEIPT FOR RENT BY AGENT. 
 
 Thorold, April 4th, 1892. 
 
 Received from James Smith one hundred dollars for three 
 months* rent of store, No. 4 St. Paul street, due April ist, 
 
 $100.00. W. Cosby (for C. Hood). 
 
DUE BILL8, 0K1)EU8 AND RECEIPTS. 139 
 
 KECEIPT OF MONEY BY HANDS OF A THIRD PARTY. 
 
 Thorold, April 4th, 1892. 
 
 Receive from Piter Smith, by the hans of H. Young, one 
 hundred dollars, in full of all demands. 
 $100.00. C. Hood. 
 
 RECEIPT FOR MONEY PAID BY ANOTHER. 
 
 TiiouoLi), April 4th, 1892. 
 
 Received of Peter Smith one hundred dollars, in full of account 
 .jgainst Henry Summers. 
 $100.00. C. Hood. 
 
 RECEIPT FOR RENT OF FARM. 
 
 TiioROLD, April 4th, 1892. 
 
 Received from Peter Smith one hundred dollars, being payment 
 in full for six months' rent of farm, due April 1st, 
 $100.00. C. Hood. 
 
 RECEIPT BY CLERK. 
 
 TiioROLD, April 4th, 1892. 
 Received of Peter Smith forty dollars, in full of account. 
 $40.00. C. Hood (Joues). 
 
 RECEIPT FOR NOTE. 
 
 Thorold, April 4th, 1892. 
 
 Received from Peter Smith note at four months from this date 
 for one hundred dollars, in full of account. 
 $100.00. C. Hood. 
 
 RECEIPT FOR SERVICES. 
 
 Thorold, April 4th, 1892. 
 
 Received from Peter Smith twenty dollars, in full for services 
 to date. 
 $10.00. C. Hood. 
 
 RECEIPT FOR PAYMENT OF INTEREST ON MORTGAGE. 
 
 Thorold, April 4th, 1892. 
 Received from Peter Smith one hundred dollars, being amount in 
 full for six months interest, due April 2nd, on his mortgage in my 
 favor, dated October 2nd, 1891, which amount is also endorsed on 
 the mortgage. 
 
 $100.00. C. Hood. 
 
 RECEIPT FOR MONEY ON A NOTE. 
 
 Thorold, April 4th, 1892. 
 
 Received of Peter Smith one hundred dollars, in part payment for 
 his note in my favor, dated December ^th, i8gi, which amount is 
 also endorsed on the note. 
 $100.00. C. Hood. 
 
140 CHATTEL MOUTOAGES. 
 
 RECEIPT ¥0\l PKOPEUTY HELD IN TRUST. 
 
 Receircfl from Peter Snii/li our fur overcoat, to bf kept in 
 trust for him and delivered to his order without expense. 
 
 C. Hood. 
 Thorold, A)>ril 4th, 18f«2. 
 
 RECEIPT FUR PAPEKS, ETC. 
 
 Thorold, April 4th, 18i'2. 
 Received from Peter Smith the papers described in the fuiloicing 
 schedule, viz.: Three bonds and mort<:;af^es made by the said Peter 
 Smith in favor of Henry Williams, to beheld in trust and to be de- 
 livered to the said Henry William'^ if, within ten days, the said 
 Williams pays to the said Peter Smith two thnisand dollais 
 
 W. ]iuss. 
 
 RECEIPT. FOli LEGACY. 
 
 St Cathauinks, April 4th, 1892. 
 Received of James Smith, executor of the last will and testament 
 of Henry Williams of Toronto,, decea'^^ ed, the sum of four thousand 
 dollars, in full of a legacy bequeathe me by the said last will am/ 
 testament. 
 
 TV. Russ. 
 
 CHAPTER VIII 
 
 CHATTEL MOR TGAGES 
 
 140 A CHATTEL MORTGAG-E is a lieu on personal property. 
 It is, in reality, a deed or conveyance of personal property as security 
 for a debt, or for money borrowed. They must be re.i^istered at the 
 County Court Clerk's olhoe "vvithin five days after their execution. 
 They may be written by any person, but they must be signed and 
 witnessed and sworn to before a commissioner of the High Court or a 
 notary public or magistrate. 
 
 They must contain a full desc^ription of the goods and chattels, so 
 they can be readily distinguished; also where they are located and 
 whose possession they are in at the time. 
 
 Besides the affidavit of the witness, they must also contain an affi- 
 davit of the mortgagee, or his duly authorized agent, that the mort- 
 gagor is justly indebted to him for that much money due, or for that 
 much money paid, and that it was not done to protect the goods of 
 the mortgagor from his creditors. 
 
 This instrument, in order to hold the good." against other cred 
 tors or subsequent purchasers in good laith, must be registered within 
 fivedays. 
 
 If a mortgage is taken merely as security for a debt previously 
 contracted, it will not be binding against other creditors. 
 
CHATTEL MORTGAGEES. 
 
 141—143 
 
 If money is paid it "vvill hold against other creditors, nnless done 
 on the eve of bankruptcy, "vvheu it would be set aside. Action must 
 be taken ■within sixty days alter date of mortgage. 
 
 If all or a ])()rtion of the goods covered by a chattel mortgage 
 should be removed to another county, a certified copy of the mortgage 
 must be filed ■with the County Court Clerk where they are removed 
 to within sixty days, otherwise the goods are liable to seizure and sale 
 i\nder execution, and in such case the mortgagee has no recourse 
 against subsequent purchasers and mortgagees lor value. 
 
 A chattel mortgage holds the claim against the debtor for twenty 
 years, because it is an instrument under seal. 
 
 It will hold the goods against other creditors for only one^year, 
 unless it is renewed within the year. To hold the goods against other 
 creditors for a longer period than one year it must be renewed within 
 thirty days before the year expires, and so on from year to year aslong 
 as it runs. For this reason most chattel mortgages are drawn for 
 eleven months, instead of on(» year. 
 
 141. CAUTION TO DEBTOR. All chattel mortgages have not 
 the same wording in the printed blanks commonly used, and the 
 debtor should be certain that the instrument he signs does not give 
 the creditor the right to foreclose the mortgage at any time he pleases 
 upon some fancied breach of the covenant. 
 
 For an illegal seizure damages may be recivered, but the word- 
 ing of some of the mortgages gives the creditor the right to seize be- 
 fore the debt is due, and to do so without giving any notice to that 
 effect. 
 
 142. ASSIGNMENT OF CHATTEL MORTGAGES. A chattel 
 mortgage is not a negotiable instrument, but it may be transferred by 
 assignment. The assignment must be filed also at the County Court. 
 Clerk's ofHce -where the chattel is registered. 
 
 14J5. DISCHARGE OF CHATTEL MORTGAGE. When a 
 chattel mortgage has been paid a discharge should be filed also at the 
 County Court Clerk's office. It is a document describing the chattel 
 mortgage and stating that the debt has been paid. Many persons 
 think that if they have returned to them thecopy that the mortgagee 
 held it is sufficient, entirely forgetting that the duplicate is still on file 
 at the Clerk's office. The discharge should be there also, showing to 
 the public that the debt has been paid. 
 
144--14y MUKTGAGEji. 
 
 CHAPTER IK. 
 
 MORTGAGES. 
 
 144. A MORTGACrE on roal t'><t:ite is a det^d or oonveyuuco ot'the 
 property by tlie debtor to the creditor to secure the payment of a cer- 
 tain sum ot" money, with a "proviso" that it shall become void upon 
 t'iij payment of the debt and accumulated interest. 
 
 lir,. lil-]GI8TUATI0N OF MOKTGAG]<:S. A raortgag-e is bind- 
 ing' on the property as soon as it is executed, but the lirst mortgage 
 reuisteved is the ()iu> that has first claim. 01' three mortgages that 
 might be given on the same property Ihe same Aveek or day, the first 
 one that is recorded is lirst mortgage, no ditl'ereuce -whether it was 
 ■written lirst or last. 
 
 14«. BE CERTAIN OFjTlTLES. Before paying over the mon y 
 I tliere should be an abalract of title i)r()»'ured; then sign and register the 
 
 t mortgage and have the abstract continued so as to include the mort- 
 
 ' gag*^. thiis making certain that nothini'- has been entered in the mean- 
 
 time. At the .".'.ime time this is being done the Sheriffs office should 
 be searched to see if there are any judgments, and the Treasurer's 
 office to see if taxes are all paid. With these j)recautions a safe title 
 ■would be secured. 
 
 There are various clauses in a morty-age that should be noticed. 
 One provides that if interest is not jiaid it may be comi)ouuded; an- 
 i other that if taxes are not paid the lender may pay them and charge 
 
 [ . the same rate of interest that the mortgage draws: another one pro- 
 
 vides that if the borrower does not keep the buildings insured for a 
 certain specified sum the lender may in.sure them and charge the same 
 rate of interest the mortgage draws. 
 
 147. TKANSFEROFMORTGAGJiIS. Mortgages are not nego- 
 tiable by endorsement, but may be transferred ])y assignment. The 
 
 i assignment is also an instrument under seal, and must be recorded at 
 
 ! the same place the mortuau'e is registered. 
 
 148. FORECJ.OSl'RE OF MORTGAGE is where the debtor 
 fails to meet the payments and the lender has to take possession and 
 sell to satisfy the i-laim. 
 
 149. lyiSCIIAlUJE OF MOliTGAGf:. When a mortgage has 
 been paid the lender is required to give the borrower a discharge, 
 which is a statutory form of receipt. When this has been filled out 
 and signed in the ]n-esence of witness, duly sworn, it is registered by 
 the debtor or borrower. 
 
 m^ 
 
PROPERTY. 150—153 
 
 tm>. rNSATISKIKl) MORK^AGKS. If a mortirage for a ror- 
 tftiii amount covers i-crtaiii j>rojH'rti('8 of „ debtor whirh, ui)oii being 
 sold, do not i)ay tin; Avlioh^ *'laim of principal, interest and expenses, 
 and the del)tor lias other property, the morti^agiie can come on that 
 other property until his full elaini has been satisiied. If the deb'or 
 has no other j^ropi'rty then, but may acquire it afterwards, the mort- 
 irauee may jiroceed ai^ainst it any time within twenty years after the 
 maturity of the mortifajre. 
 
 ir,l. PIJEPAYMKNT OF MORTGAGES. .Alortqaf^es may bo 
 prepaid five years from date, no matter for what length of time they 
 may have been dra-wn, by simply paying three months advance in- 
 terest, li the mortgagee refuses to accept the moiu'y for principal 
 and interest, together with three months advance interest, he cannot 
 collect any interest thereafter. 
 
 Mortgages on real estate outhnv in ten years after maturity or 
 last payment of either principal or interest, unless re-ackuowledged. 
 
 CHAPTER X. 
 
 PROPERTY. 
 
 l.VJ. DEFINITION. The legal definition of property is "The 
 riirht and interest Avhich a man has in lands and chattels to the ex- 
 clusion of oth<'rs." A man purchases so many acres of land and thus 
 acquires the possession and exclusive right to its use. A man pur- 
 chases so many acres of land, and thus acquires the possession and 
 exclusive right to its use. lie drains it, plants it with fruit trees, 
 erects buildinas upon it, and thus int^eases its value. The soil itself 
 IS not his, but he has acqT\ired the right to its possession and use — a 
 right that excludes all others frojn its use. 
 
 In the common language of the people property means the thing 
 itself. Thus, a man buys a bay horse; he calls it his property, but in 
 legal language it v )uld be his property in the bay horse. That is, the 
 right and title to i.s possession. 
 
 ir,;i. DIVISION OF PROPERTY. Property is divided into 
 Personal and Real. 
 
 1. persona] ])roperty includes all classes of property except lands 
 and buildings. It consists of such things as are movable from place 
 to place with the owner; as money, carriages, ma»^hinery, farm im- 
 plements, live stock, book accounts, annual crops, nursery stock, good 
 will and lease of property for a terms of years. 
 
 2. Real property includes lands, buildings, trees growing upon 
 the soil, and every source of wealth such as coal, gas, oil and minerals 
 that may be buried in the soil. 
 
 Temporary buildings not placed upon stone foundations nor 
 
i!: 
 
 Ill' I 
 
 11 
 
 li!' 
 
 154—151) rROPKRTY. 
 
 nailed to the permanent Iniildiiiirs, triM-s and shrubs pliintod to be re- 
 moved again, as nursery stock, do not l)eeome a part of the realty. 
 
 Also temporary strut-tures inside of the building-, as counters, 
 shelving, etc., attached by means of screws so they can be removed 
 without injury to the property, do not biM-ome a part ot the freehold. 
 If, however, they are nailed to the building, they are considered a 
 part of it. 
 
 ir,4. OWNETl'S AUTIIOKITY. As the owner has a right to 
 the use and possession of the property to the exclusion of all others, 
 he may expel, even by force if necessary, any other person from his 
 premises. He can sell, or deed it away, or give it to his In.'irs, pull 
 down his buildings or otherwise destroy them, s !ong as he does not 
 interfere with the rights ot others. 
 
 If, however, a right of way has been sold to another person, as a 
 lane or passage of ingress and egress to his property, he cannot build 
 upon or otherwise obstruct or t'lose up such ])iissage over his lands. 
 
 155. lUGHTS OVEII OTHERS rROl'KRTY. If he has pro- 
 perty removed from the street or road, and pays another property 
 holder between him and such street or road a certain sum for a right 
 of way, as a lane, to reach his property, he a(>quires a perpetual right, 
 •which also passes to his successors, unless otherwise specified in the 
 contract. 
 
 He may also acqtiire other rights over his neighbor's property. 
 For instance, he may erect a fine residence that commands a pleasant 
 view. His neighbor cannot afterwards erect a high fence that would 
 o])struct that \ iew, nor put up a l)uilding in such close proximity 
 that it would darken or otherwise injuriously affect such residence, 
 provided such residence be so erected for thirty years before such ob- 
 struction is attempted. 
 
 I'M. SALE OF PERSONAL TROPERTY. In the sale of per- 
 
 60 "'il property, as in all other contracts, the parties themselves must 
 
 > petent to contract. Ths seller must have a valid title to the 
 
 ity sold; the property must be something legal to be handled. 
 
 J. the sale must be without fraud. 
 
 157. PRICE is Avhat in other contracts is called consideration. 
 It is either paid in money or promised to be so paid. If it were paid 
 in goods or service it would be a bartei and not a sale. 
 
 158. MUTUAL ASSENT. The two minds must meet here as 
 in other contracts; the one willing to sell at a stated price and the 
 other willing to purchase at the price asked. Sometimes the price is 
 implied and also the promise to pay, as when a customer leaves his 
 order Avith his grocer for the delivery of certain articles. It is pre- 
 sumed that the price will be just and that the other party will pay 
 for them. 
 
 15J). THE PROPERTY SOLD MUST EXIST. Jones sells 
 Smith a certain horse at a certain price, but alter the sale is concluded 
 it is discovered that the horse is dead, both ]Kirtie« having been 
 
 attmi 
 
riiOPKUTY. 160—167 
 
 ignorant of the tact. There is uo sale, even though the money had 
 been paid 
 
 UHK PROPEUTY MAY HAVE A POTENTIAL EXISTENCE. 
 
 The natural products oi' the soil, tht^ increase of live stock or other 
 property may l)e sold in advance. For instance: A farmer may sell 
 his apple, peach or pear crop before the buds even began to show, or 
 the -vvool «dipped from his sh(H4i the following spring, etc. They are 
 uot yet in existence, but they are i)ossible; hence they may be sold. 
 
 Irtl. WITHOUT FRAUD. There must be no fraud, either 
 thronirh misrepresentation or through concealment of facts which 
 ouiiht to b(^ known and which the other party cannot readily dis- 
 cover for himself. 
 
 1<»2. THE LIMIT OF AN ORAL SALE. The sale of personal 
 property for any amount under !ii;40.00 may be made orally and be 
 l)indiim'; but for !i^4().00 and upwards the contract must either be in 
 writing, or a part of the goods delivered, or a part payment made. 
 Any of these three things make the contract for the sale of personal 
 property to any amount binding. 
 
 If either party should violate such a contract he would incur a 
 penalty to the amount ol damages the other party could prove he had 
 suffered by the breach of contract, which amount would naturally be 
 the price of the article. Illustration: A cattle buyer agrees to pur- 
 chase ten head of cattle from a stock raiser and pays $20,00 to bind 
 the bargain, and is to take them within ten days. After he goes away 
 he sees the market quotations show a great depression in-foreicu 
 prices and he concludes not to carry out his contract. He cannot re- 
 cover his !ii;20, but the stoc-k raiser can sue him for the balance of the 
 purchase money. 
 
 KW5. EXECUTED SALES. In sales that have been completed 
 there must be a delivery of the property and a continued change of 
 possession. Goods yet in cHarge of a railway or in a warehouse may 
 be delivered by handing over the bill of lading or warehouse receipt. 
 This is called a constructive delivery. 
 
 10+. BILL OF SALE. If the goods are not delivered, but still 
 left in the possession of the former owner,'a bill of sale must be regis- 
 tered at the office of the Clerk of the County Court in order to make 
 such a sale legal and binding against creditors and subsequent pur- 
 chasers. 
 
 105. SALES ON TRIAL. When articles are purchased on trial 
 at a certain price they must be rejected before the time expires if they 
 do not suit, or the sale is complete and the party bound to keep them. 
 
 urn. SALES BY SAMPLE OR DESCRIPTION are made on the 
 warranty that the goods when delivered will correspond in' kind and 
 quality with the description given or sample shown, and if such is 
 not the case there is no binding sale. 
 
 167. SELLING- STOLEN GOODS does not give them a good 
 title in the hands of an innocent purchaser for value, as in the case 
 
I, I 
 
 ill 
 
 168—172 PROrEKTW 
 
 1 1 with the i)romissory note. They I'lin be re-takeu ^vherevev found. 
 
 168. CONDITIONAL SALES are what have been relened to 
 under the head of a "Lien Note." In selling- sewinj^ machines, organs, 
 pianos, etc., it is common to sell them on the "instalment plan," the 
 buyer obtaining the possession and use, but the seller retaining the 
 ownership until the article is paid for. 
 
 In all such cases the manufacturer's naiuc and address must be 
 shown on the article and a copy of the lien filed at the ollice of the 
 County Court Clerk, and also a copy of the lien leit ■with the pur- 
 chaser. The fee for filing the lien is 10 cents. 
 
 On live stock, household furniture, wagons, etc., this is not re- 
 quired, the lieu being valid without either the name l)eing on the 
 article or the lien filed. 
 
 J 69. GOODS STOPPED IN TRANSIT. Goods not yet 'paid 
 for, having been shipped to the purchaser, but belore their delivery 
 word being received of the purchaser's insolvency, may be stopped 
 by ordering the company in whose possession they are not to deliver 
 I I them, providi:> ^ the bill of lading has not been delivered. 
 
 If it should turn out, however, that the purchaser is not insol- 
 vent, then the seller "who unlawfully stops the goods in transit may 
 be required to indemnify the purchaser's loss, or to deliver the goods 
 and pay damages su<:!tained bv the delay in deliverv. 
 
 17«». GOODS SOLD BY OKDEK. With all implements and 
 machinery sold by order, the party aivinii' the order should require a 
 duplicate of the order to be left with hini. The law does not compel 
 an agent to leave a copy of the order Avith the person giving the order, 
 but the person himself has the riyht and thi} poirer to demand it or re- 
 fuse to give an order. Care should he taken to see that the copy 
 reads exactlv like the original. 
 
 171. SALE OF BOOK ACCOUNTS is effected by assignment. 
 The following brief instrument is sulhcient: 
 
 For value received I hereby 'j<H<j;n to {pcrso/i's name) the 
 accompanying' accounts and claims ai:^'ainst tlie persons whose name^ 
 are entimerated {enumerate the names and amounts). 
 
 {Signed), J. WINTERS. 
 
 172. SUING BOOK ACCOUNT. In case of suit the book that 
 is taken into court as evidence is the book in which the entry was 
 first made at the time the transaction took place, whether it would be 
 a day book, journal, invoice, sales or cash book. Such book would be 
 called a book of origin-^l entry. The person suing has to prove the 
 debt. His b >oks are ais chief evidence. A clerk who sold the goods 
 or "vvho saw them sold would also be evidence, but the book, if pro- 
 perly kept and found to be uniformly correct, is evidence that can 
 scarcely be overthrown, providing the merchant's reputation for in- 
 tegrity is good. 
 
 A book that contains erasures and interlineations and changes 
 
 _=J^t ...^-^,„^,-,.„^-^^^— --.--- : ,....,^... 
 
PROPERTY. 173—178 
 
 would be -worth but little in court; so also would one that had such 
 slight memoranda in it that the various transactions would not be 
 clearly set I'orth. 
 
 Every credit sale entry should contain the date, the articles and 
 prices in detail, and the person's name who purchased the goods, if 
 not by the debtor himself (as son, daughter or wife). 
 
 173. AUCTION SALES— At every auction sale the "terms of 
 sale" are always v/ell advertised. If nothing were said about the 
 terms they would be cash. 
 
 The proprietor may have various conditious, as well as the terms 
 of credit announced by the auctioneer before the sale commences, 
 such as, that the first bid must be above a certain sum named, and 
 even the amount to be advanced at each bid, an underbidder, and a 
 certain amount to be deposited at the time of sale. 
 
 174. THE AUCTIONEER is the agent for both the seller and 
 bu^'er; hence binds both by his acts. When he is selling he is acting 
 as agent for the seller, but in the act of "knocking down" the article 
 to a certain bidder he is the agent of the purchaser, and in the memo- 
 randum of the sale he makes in his book he acts for both parties and 
 binds both. 
 
 17r>. UNDERBIDDING is illegal unless announced before the 
 sale commences. See Section 70. 
 
 176. AUCTIONEER LICENSES are granted by counties and 
 cities, who may charge a fee and a) so give special rules for their gov- 
 ernance. 
 
 177. SALE OF REAL ESTATE. There are two kinds of sales, 
 viz.: Executed and Executory. 
 
 1. Executed Sales are those where the sale has been completed 
 by the payment ot the money and the execution and delivery of the 
 deed of conveyance. 
 
 2. Executory Sales are those where possession has been passoid 
 by agreement for sale, but the title does not pass until the price has 
 been paid in full. 
 
 178. AGREEMENT TO SELL OR BUY REAL ESTATE, un- 
 less in writing, signed by the contracting parties or their duly autho- 
 rized agents, is not binding. An oral contract made, even if money 
 be paid on it to "bind the bargain," does not bind either party to buy 
 or sell. 
 
 "When for any reason a bargain is made for the sale of real estate 
 that cannot be executed immediately, a memorandum of the agree- 
 ment should be written out and signed by the parties, or their agents 
 authorized, inwriting. This makes the contract binding, even though 
 nothing be paid down. 
 
 A wife, as the law now stands, can sign away her real estate 
 without her husband's consent or signature, but the husband cannot 
 sign his away without his wife's signature. 
 
179—180 PROPERTY. 
 
 17«. OWNERSHIP BY POSSESSION. Ten years peaceful 
 possession from the time that the real owner's right accrues gives 
 the possessor a right to the property. 
 
 If the real owner should be an heir who was in a foreign country 
 and did not know of the property falling to him, or if the heir ^vere 
 insane or suifering under any other similar disability, then the time 
 "would not commence to count until the heir's return, or other dis- 
 ability were removed. 
 
 CHAPTER XI. 
 
 i 
 
 i 
 
 If- 
 
 f ■'.- 
 
 11 
 
 MARRIED WOMEN'S PROPERTY RIGHTS. 
 
 180. An unmarried woman, either a spinster or a %vidow, is as 
 free to contract as a man. 
 
 A married woman in Ontario now may contract in regard to her 
 own property just as freely as a man. She can buy and sell, engage 
 in trade and commerce, sxie and be sued in her own name, and her 
 separate property only be liable for her debts. 
 
 A woman married before the 4th May, 1859, may hold the property 
 that had not then been reduced to the possession of her husband, 
 whether belonging to her before marriage or a<'quired by her after 
 marriage, entirely free from his debts and obligations contracted since 
 that date. 
 
 A woman married between May 4th, 1859, and March 2ud, 
 1872, may hold all her separate property wht^ther belonging to her 
 before marriage or acquired by her since, entirely free from any debts 
 and control of her husband. This does not apply to property received 
 from her husband after marriage. 
 
 A woman married since the 2ud of ]\Iarch, 1872, may hold all her 
 OAvn separate property free from the debts and obligations, or control 
 of her husband, and free from any e.iitate therein of her husband dur- 
 ing her lifetime. 
 
 A woman married on or since the first day of July, 1884, may not 
 only hold her OAvn separate personal and real property, but also may 
 dispose of her personal and real property without even the consent or 
 sig >ii'e of her husband. 
 
 Any shares or stock in any Bank, Stock or Loan Company, or any 
 debentures standing in the name of a woman married since 
 July 1st, 1884, are deemed her own separate property unless 
 otherwise shown; and she has a right to all dividends and profits 
 arising thert^l'roni, and to transfer the same without the concurrence 
 of her husband. 
 
PROPERTY, 
 
 181—183 
 
 But if a married womau should purchase such shares or sto(;ks 
 with her husband's money, without his consent, the husband may 
 procure an order from the court to have such investments and the 
 dividends thereof transferred to him. 
 
 If, also, a married women made such investments with her hus- 
 band's money, todetraud his creditors, such investments may be fol- 
 lowed by the creditors and taken to satisfy their claims. 
 
 A married woman has the same remedies for the protection of her 
 separate estate against her husband that she has against other parties. 
 
 In any proceeding concerning their property, the husband and 
 wife are competent to give evidence against each other. 
 
 A married woman is liable after Inn* marriage for the debts she 
 contracted before marriage, and for all contracts entered into or ^vrongs 
 committed before marriage, and all suras recovered against her for 
 such contracts or costs incurred therefor are payable out of her separ- 
 ate estate. 
 
 181. THE HUSBAND'S LIABILITY. The husband is liable 
 for the debts of his wife contracted and for all contracts entered into 
 and wrongs committed by her before marriage, and for wrongs com- 
 mitted by her after marriage to the extent of the property he has 
 come into possession of through Jiis wife. 
 
 A husband and wife may be sued jointly in respect of any such 
 debt or liability contracted or incurred by the wife, as mentioned in 
 previous paragraph, but if the plaintiff fails to establish the husband's 
 liability in respect to the property he may have acquired through his 
 wife, the husband will obtain judgment for the costs of def-nce, 
 ■whatever may be tht result of the action against the wife. If the 
 plaintiff succeeds in establishing the husband's liability, he will ob- 
 tain joint judgment against the husband personally, and against the 
 wife as to her separate property, and if the husband's liability does 
 not extend to the amount of the claim or damages, the residue will be 
 against the wife's separate estate. 
 
 182. ORDER OF PROTECTION. Anymarried woman having 
 a decree for alimony against her husband, or being for any legal cause 
 separated from him, either through his cruelty, insanity, imprison- 
 ment in the Provincial Penitentiary or in a jail for a criminal offence; 
 or whose husband who, through habitual drinking or profligacy 
 neglects or refuses to support her, may obtain an order of protection 
 entitling her to the earnings of her minor children, entirely free from 
 the debts and obligations of her husband and from his control. 
 
 When the married woman resides in a town or city where there is 
 a Police Magistrate, the order should be obtained from him, but when 
 there is no Police Magistrate where she resides then the order will 
 be given by the Countv Judge. 
 
 18.-^ DYING- INTICSTATE. A married woman dying intes- 
 tate her separate projierty shall be distributed in the same proportion 
 between the husband and children as the personal property of the 
 

 184—185 GUAIUNTY AND SURETYSHIP. 
 
 husband dyinj intestate is to be distributed between the wife and 
 children, viz.: The wife dying and leaving children, the husband is 
 entitled to one-third and the balance to the children. Where there 
 are no children, the husband is entitle,d to one-half of all the 
 property. 
 
 184. SELLING HER SEPARATE ESTATE. A married woman 
 may, during her lifetime, sell her separate estate, even without her 
 husband signing the deed. It is still customary, however, to en- 
 deavor to have the husband sign also, but it is not legally necessary. 
 
 A married woman now may also sell her separate property direct 
 to her husband, or the husband direct to the wife. Formerly it was 
 necessary to make the transfer through a third party, but such is not 
 now necessary for re"^ estate. For personal property it is still neces- 
 sary to make the tra fer by Bill of Sale through a third party in order 
 to pass from husband to wife or from wife to husband. 
 
 CHAPTER XII. 
 
 GUARANTY AND SURETYSHIP. 
 
 185. aUARANTY OR SURETYSHIP is a promise by one per- 
 son to another to answer for the debt, default or miscarriage of a third 
 party. According to the Statute of Frauds already Uioutioned, all 
 such promises must be in writing in order to be binding. An oral 
 guarantee is worthless. 
 
 The utmost care must be observed in regard to this feature of our 
 laws. In many cases nothing but a simple recommendation is in- 
 tended by the person making it, while a regular guarantee is under- 
 stood by the other party. 
 
 These promises usually fall under one or other of two forms: An 
 absolute t romise and a conditional i)romise. By a particular wording 
 of the p'omise it is only a conditional promise to pay in case the other 
 party fails to do so, and then it must be in writing in order to be bind- 
 ing. By a sligh*^ change in the wording it becomes an absolute pro- 
 mise to pay the debt, in Avhich case the guarantor actually takes the 
 place of the debtor. In this case the promise is binding if only oral. 
 A few examples will make the distinction «lear. 
 
 im. EXAMPLES OF AN ABSOLUTE PROMISE. A person 
 goes with his hired man to a store and tells the merchant to give 
 this man goods to a certain amount, and "I will see it paid." This is 
 virtually telling the merchant to charge the goods to him direct, and 
 consequently is not "answering for the debt of another," but is an 
 original promise to pay it himself. Such a guarantee does not need 
 to be in writing to be binding. It is the same as saying, "Chargt» the 
 goods to me," or "I Avill pay for them." It is his debt, although for 
 
GUARANTY AND SURETYSHIP. 187—190 
 
 the bijiiofit of his servant. Such a promise made by word ot mouth 
 is biudiug-. 
 
 187. EXAMPLE OF CONDITIONAL PROMISE. Supposing 
 he "vvere to say to the merchant, "Grive this man j^^oods to such au 
 amount, and il' he does not pay for them I will;" or "he is good lor 
 them." These are promises to answer lor the debt of another, and are 
 void unless put in writing-. No such promise is worth a farthing as 
 security if only spoken by word of mouth, not even if there were a 
 witness to it. 
 
 All conditional promises to pay must be in writing. For instance: 
 If Smith owes Brown, and Brown tells Jones that if he will become 
 responsible for the debt he will let it stand, and Jones replies, "If 
 Smith does not, pay you I will," the promise Avould not be binding 
 except it were in writing. But if Jones Avere to reply, "Oive me 
 time and I will see you paid," it would be au absolute promise to pay 
 th'> debt, and would not need to be in writing. The creditor in all 
 sut;h cases simply accepts the su,retv and releases the original debtor. 
 
 188. LETTERS OF RECOMMENDATION. Great care should 
 be taken in the wording of a letter ot recommendation where finan- 
 cial obligations are to be created or business relations formed, if noth- 
 ing but a simple recommendation is intended. All such phrases as 
 "He is good for them," or naming a certain amount and saying, "He 
 would be^ safe to that extent," etc., would constitute a guarantee. 
 The liability may be evaded by modifying such expressions by "I 
 would regard him as safe," for such an amount, or 'I think you would 
 be entirely safe in giving him credit" for such an amount. With any 
 su<'h modifying phrase very much may be said to the credit of a 
 worth V x>ersou without being held as a surety. 
 
 189. ENDORSER AS GUARANTOR ON NEGOTIABLE 
 PAPER. The ordinary endorser of negotiable paper has been con- 
 sidered in that chapter, but sometimes in order to avoid the necessity 
 of protesting the paper an endorser will write a guarantee on the 
 back of a note or draft instead of an ordinary endorsement. Example: 
 
 For value received I hereby guarantee the payment of the 
 within note. 
 
 JAMES SMITH. 
 
 In this case the guarantor (James Smith) is liable as soon as the 
 note natures if it is not then paid. Another form: 
 
 For value received I hereby guarantee the collection of the 
 toithin note. 
 
 JAMES SMITH. 
 
 In this case James Smith is not liable iintil au attempt to collect 
 by legal process has failed. 
 
 190. GUARANTEE INSURANCE. There are companies that 
 guarantee the honesty and fidelity of persons engaged in responsible 
 

 Ill 'H 
 It* ii s 
 
 I 
 
 
 191—193 GUARANTY AND SURETYSHIP. 
 
 positions as clerks, bookkeepers or managers in auy moneyed ihstiiu- 
 tion or corporation. 
 
 A company receiving a clerk under siich g-uarantee must not 
 change his employment Irom that for which his iidelity was guaran- 
 teed, as that would change the contract and release the guarantor, 
 
 lj)i. CREDITORS' OBLIGATIONS TO GUARANTOR.— 
 
 1. To give notice of delimit within reasonable time after it is 
 known. 
 
 2. To give the giiarantor, as soon as he has made good the default, 
 all his rights against the debtor. If any property of the debtor or 
 other collateral security is in his hands, to turn it over to the guaran- 
 tor. 
 
 The guarantor, after making good the defaitlt, takes the place of 
 the creditor, and may recover from the debtor not only the original 
 debt but also all expenses and costs incurred. 
 
 193. DISCHARGE OF GUARANTOR OR SURETY— 
 
 1. If the guarantee is given for a certain specified time, then at 
 the expiration of that time the guarantor is released. 
 
 2. If the guarantor gives notice that he will not be surety after a 
 certain date, he is then relieved from any default after that time. Of 
 course this would not apply on a negotiable instrument not yet due, 
 or any contract the time for which to be executed had not yet expired. 
 
 3. Any alteration of the agreement without his knowledge or 
 consent will discharge the surety. The erasure or interlineation of 
 any words that has the effect of changing the liability creates 
 a new and different agreement from the one which the surety had 
 guaranteed. Such alterations can only be legally made by the surety 
 giving his consent in writing. 
 
 4. An extension of time given by the creditors to the debtors by 
 valid agreement releases the surety unless lie gives his consent. A mere 
 promise to extend the time would not release the surety, because the 
 promise would not be legally binding, and if the surety refused to 
 allow the extension the creditor could sue the debtor or accept pay- 
 ment from the suretv and invest him with all his rights and remedies. 
 
 In order to be a discharge to the surety, the agreement with the 
 debtor must be one that binds the creditor to an extension of time for 
 payment, so that he is prevented from proceeding against the debtor 
 himself during that time, and which consequently prevents the surety 
 from exercising his right of paying the creditor and suing the debtor 
 upon the claim. 
 
 5 Fraud, either in respect to the contract itself, or some fraud or 
 deception practiced by the creditor himself or by the debtor with the 
 crreditor's consent, by which the surety was induced to guarantee 
 the debt, releases the surety from his obligation. 
 
 um. RIGHTS BETWEEN SURETIES. Wien several sure- 
 ties unite in a guaranty, each one is required to contribute equally to 
 the satisfaction of the claim should the debtor fail to make pay- 
 
19-4—1517 GUARANTY AND SURETYSHIP. 
 
 meut. If one were found to be insolvent the others would be bound 
 to bear the burden equally. 
 
 This equitable distribution of the liability holds unless there is an 
 agreement between the sureties that changes it. If the last surety 
 were to add to his signature, "surety for the above names," or words 
 of similar import, he would not become a co-surety, but would merely 
 be liable m case the others fail. 
 
 The respective liabilities among endorsers on a promissory note 
 has been not' ',ed in that chapfer. 
 
 1J>4. CiiEDITORS' RELIEF ACT. Under the present Act, if a 
 creditor gets judgment against a debtor, this judgment must be en- 
 tered in the books by ihe Sheriff of the County where the debtoi 
 resides; also all moneys made by the seizure must be deposited with 
 the Sheriff. These books are open free of charge for thirty days and 
 any persons entering their claims within this time are entitled to a 
 rateable division of the debtor's estate, the first creditor's law expenses 
 having first been paid. 
 
 lihu FRAUDULENT PREFERENCE. Any gift or transfer of 
 property or any security, such as a chattel mortgage given within 
 thirty days of insolvency, is considered a fraudulent preference and i& 
 therefore rendered null and void. 
 
 Preference is given to wage earner for three months' back wages;, 
 in excess of that they have to take the same percentage as other 
 creditors. 
 
 iSMi. PRIORTY OF CLAIMS. As soon as a personis declared 
 insolvent the first thing to be paid is taxes; second, rent; third, chat- 
 tel mortgages; fourth, salaries; fifth, the claims of the creditors. 
 
 As to the priority of creditors to the effects of a partnership firm, 
 the partnership creditors come first for all partnership effects, and in- 
 dividual creditors first for all individual property; aftar this the 
 remainder is rateably divided. 
 
 1})7. ASSIGNMENT. If au assignment is made it must be 
 advertised four insertions in a county paper and one insertions in the 
 "Ontario Gazette." 
 
 Inspectors appointed by the creditors give authority to the assignee 
 to a 't. In meetings called for the purpose of appointing the inspect- 
 ors, creditors to the amount of $100.00 have one vote; those of over 
 $100.00 and under $500.00 have two votes; those to the amount of 
 $1000.00 have three votes and one additional vote for each $1000.00 
 The assignee's salary is fixed by the inspectors appointed by the 
 creditors. 
 
PRINCIPAL AND AGENT. 198—203 
 
 1 T., 
 
 CHAPTER XIII. 
 
 PRINCIPAL AND AGENT. 
 
 198. AGENCY is where oue person transacts business lor 
 another. The errand hoy, the clerk, the conductor, engineer, switch- 
 man, the commission merchant and the farm laborer are all agents as 
 much as those engaged in selling machinery or fruit trees on com- 
 mission or salary. In all branches of business where one person acts 
 for another there is an agency. 
 
 liM). THE PRINCIPAL is the one who engages another to act 
 or do biisiness for him. Anyone competent to contract may act as 
 principal, and he may delegate to another the authority to do for him 
 anything that he can do for himself. 
 
 200. THE AGENT may be any person the principal may employ 
 — a minor or any person with intelligence enough to follow instruc- 
 tions. A minor, although not competent to contract for himself, can, 
 as an agent, make any contract his principal could make. 
 ill aoi. AGENT'S APPOINTMENT. An agent may be appointed 
 
 2'| simply by word of mouth or by power of attorney, or it may only be 
 
 ,|^ gathered from facts. 
 
 A principal who ratifies an act which his agent was not auth- 
 orized to do becomes responsible for that act, and also for all similar 
 acts though they are not ratified by him. 
 
 To evade liability, or to refuse to make the transaction his own is 
 merely to refuse to a(^cept the benefits accruing from the transaction. 
 
 He may ratify it either by express words, or by resolution of the 
 directors if a stock company, or it may be by simply accepting the 
 benefits accruing from the unauthorized business so transacted. 
 *'f' 202. LIMIT OF AUTHORITY. As a usual thing the instruc- 
 
 tions given by the principal to an agent are to do a specific business, 
 also hoAV^ it is to be done; but in carrying out the details the agent is 
 allowed considerable latitude. He must follow his instructions. If 
 he exceeds his authority he renders himself liable. If he is to sell 
 goods for cash he must not sell on credit or accept notes; if to collect 
 money on accounts this would not authorize him to issue notes or 
 accept drafts in his principal's name. 
 
 20;?. GENERAL AGENTS are those who have authority to act 
 m all capacities in the place of their principal, or all in a certain local- 
 ity, or all of a certain kind. A commission merchant would be a 
 general agent, so also are Secretaries, Treasurers and Managers of 
 {Stock Companies. The acts of general agents bind their principals 
 
^U4— 206 PRINCIPAL AND AGENT. 
 
 ■with respect to third parties eveu for fraud or negligence on the part 
 ot the agent. 
 
 2()4. ?PEClAli AGENTS are those who ar^ limited to a certain 
 cla,ss of action, and their principal is not respousibh' for what they do 
 outsidt' of this. On this account parties dealing with any special 
 agent shouhl be careful that their contract (;oraes within the agent's 
 authority if it is important to them that the principal should be held 
 responsible. 
 
 2or,. ^.GENT'S OBLIGATION TO PRINCIPAL.— 
 
 1. To use the same care and forethought in the management of 
 the business that he would if it were his own. 
 
 2. To follow implicitly the principal's orders except in cases where 
 the circumstances would make it manifestly wrong to do so. For 
 instance: Something has occurred after giving the instructions which 
 the principal had not foreseen and Avhich would cause the orders to 
 work to the disadvantage or injury of the princi))al if they were car- 
 ried out, or where the orders were to perform something unlawful. 
 
 3. To keep an accurate record of all business transacted. 
 
 4. To keep the goods and property of his principal separate from 
 his own, and from that of other parties. In case they should become 
 indisti)iguishably mixed the principal could claim the whole. 
 
 o. In case the business is transacted in the name of the principal, 
 as is usually done, the money that maybe deposited in a bank should 
 also be in the name of the principal. 
 
 206. AGENT'S LIABILITY. He is liable to his principal for 
 any damage that may occur through his negligence, and for any loss 
 that may arise through his failure to carry out his instructions. If he 
 departs from his instructions and thereby secures any gain the prin- 
 cipal has the benefit of it, but if his deviation produces a loss the agent 
 is liable for it. 
 
 He is liable to third parties if he goes beyond his authority. In 
 that case he dees not bind his principal, but he renders himself per- 
 sonally liable. A person assuming to act when he has no authority 
 renders himself liable for damages. 
 
 He is also liable to third parties for any wilful injury committed 
 against them. The fact of his being an agent does not relieve him 
 from his obligations as a citizen, hence even while m the discharge of 
 his principal's business if he wantonly commits any injury he alone is 
 liable. He is also liable for any criminal action of Avhich he may be 
 guilty. 
 
 He also makes himself personally liable to third parties if he 
 should improperly sign a note or accept a draft by signing his own 
 name as agent. If, say, W. Winters as an agent were to accept a draft 
 by^writing W. Winters, Agent, he would be personally liable for its 
 payment. The same is true of Secretaries, Treasurers and Managers 
 of Stock Companies. They should in every case when signing for 
 their company or their principal sign the name of the company or 
 
■^IW 
 
 PIUNCII'AL AxNl) AGENT. 2U7— JOS 
 
 j»riMoi]">al in coninnction with their own. The; followiui,' are siiiuihle 
 
 Jamem Smith, 
 
 Per W. Wtn'ers, Ai^fiut. 
 
 W. WiNTKIlS, 
 
 Far James Smith. 
 
 James Smith, 
 
 Pro Con W. Winters. 
 
 Dominion Transportation Co., (Ltd.) 
 
 Per W. Winters, Manager. 
 
 "W. WiNTKRS, M.ANA(H':R, 
 
 For Dominion Transportation Co., (Ltd). 
 
 An af]^ent may describe himself either by the terra "per," "pro,'' 
 ••pro con," or the word "lor." He must always disclose the fact that 
 he is only an agent, or he may be held personally liable; and he must 
 sign his principal's name as well as his own either before or iifti'r it. 
 ;| 207. PRINCIPAL'S LIABILITY. General agents bind their 
 
 principals, rendering- them liable to third parties even for the fraud 
 or neglect of the agent. The employees of liailroad and Steamboat 
 Companies, etc., are all general agents. When passengers are injured 
 through an accident they do not enter an action against the captain 
 or engineer, whose negligence may have caused the accident, but they 
 sue the company — the principal. 
 
 Special agents do not bind their principal only in so far as they 
 keep within the limits of their outhority. If they pass beyond this, 
 or are guilty of a fraudulent act, they only render themselves liable. 
 
 Third parties should ascertain the authority possessed by special 
 agents if they w^ould protect themselves when contracting with such. 
 An agent should always have the evidence of his authority with him, 
 and if he has it not no important transaction should be performed 
 with him. 
 
 Money paid to an agent who has no authority to receive it can- 
 not be recovered from the principal. 
 
 Money should never be paid to an agent for a note unless he has 
 the note to deliver over. 
 
 A contract made with a special agent who is exceeding his auth- 
 ority cannot be enforced against his principal. 
 
 An agent's authority dies with his principal; if, however, he 
 acts after the death of the principal innocently, both are relieved. 
 
 Notice given by the agent to third parties is notice given by the 
 principal, and notice given by third parties to the agent is notice 
 given to the principal. 
 
 208. SUB- AGENT is one who acts under a. lother agent, either 
 general or special. The same principles and laws rule between th^ 
 
20D— 211 MASTER AND SERVANT. 
 
 ajfont and his suh-ai»(Mit as txist botwocu himself and the principal 
 Thu ajj^ent is the principal to tho sub-agent. 
 2u». TERMINATION OF ACIENCY.— 
 
 1. By laps(3 of timo. At the expiration of the time for which the 
 agent Avas appointed the agency ceases unless there has been a re- 
 appointment. The re-app(untment need not neoessari y be formal, but 
 by any of the means already mentioned for the creation of an agency, 
 
 2. Completion of the undertaking terminates the authority of the 
 agent. 
 
 3. A legal revocation of the priiuapal terminates the agency. 
 Where! the agency would not be for any dellnitci time, or the comple- 
 tion of a sptM'iiic work, the principal could withdraw the powers he 
 had granted; but if it were a definite time not yet expired or a speci- 
 lio work not yet completed, there must be sulFicient cause before a 
 revocation could take place. An agent exceeding his authority, guilty 
 of fraud, or becoming incapacitated lor his duties would be sutticient 
 cause for his dismissal. 
 
 4. Death or incapacity of either principal or agent terminates the 
 agency. Insanity or death of either principal or agent, or the insol- 
 vency of the principal dissolves the agency. 
 
 If an agent's appointment was by a document under seal it would 
 require a sealed instrument to cancel it. 
 
 CHAPTER XIV. 
 
 MASTER AND SERVANT. 
 
 210. THE RELATION subsisting between Master and Servant 
 is in many respects the same as that subsisting between principal and 
 agent, so that what has been given in the previous chapter will ii». 
 nearly every particular apply here 
 
 The master is the employer and the servant the employee. In 
 order to constitute a contract of hiring and service there must be 
 either an expressed or implied mutual engagement binding cue party 
 to hire and remunerate and the other to serve for some determinate 
 time. In cases where the employer only agrees to pay as long as the 
 servant remains, leaving it optional either with the servant to serve 
 or the master to employ, there is no contract of service and hire. 
 
 211. CONTRACT OF SERVICE AND HIRE. A contract of 
 service and hire need not necessarily be in writing unless the con- 
 tract is for a longer period than one year. 
 
 If no express contract has been made for hire between the parties 
 a contract will be presumed if the service is performed, unless it is 
 with near relatives, as with parent or uncle. 
 
 If service has been performed without anything being said about 
 wages the law presumes that the parties agreed for the customary wages 
 
r . 
 
 MASTER AND SERVANT. 212— 214 
 
 for that kind ot service paid in that community. Rut the law will 
 not presume either a contract of hire or an agreement to pay wages 
 ■where scrvicM' is rendered with near relatives, as a panMit or uncle. 
 In such rases an express hiring must bo pr wed in order to support a 
 claim for wages. Where it is not spe«'ially agreed to the contrary, 
 wages would be i)ayable at the end ot the time. 
 
 121 12. CONTRACT OF THE EMPLOYEE. The employee must 
 
 J fulfil the agreement, whattiver that may be, and to do this faiihiully 
 
 r re(p;ires not only diligence but his careful attention, skill 'ind fore- 
 
 ihouu'ht. The im])lements, machinery or other property with whii^h 
 
 he may be ANorkiiig or which *fall under his can^ require not only 
 
 proper use by himself, but also his care that they be not stolen. The 
 
 live stock that may be entrusted to him, humanity as well as his 
 
 agreement recjuires tliat he sees to it that they have food and water 
 
 I and proper care in general. His master pays for his skill as well as 
 
 { he does for his time, also his diligent forethought in planning or 
 
 executing his work. He is expected to obey all reasonable orders 
 
 i from t' master, to be punctual and courteous. 
 
 I , A ilagrant violation of the implied agreement in any of these' 
 
 particulars renders him liable for damages or lor discharge as the case 
 may be. 
 
 313 NOTICE TO LEAVE. A servant hired for a definite per- 
 iod, either for a day, a week, a month, or a year, may, on the termiu* 
 ation of the time, leave, or the master may discharge him without 
 giving any notice. 
 
 AVhere the hiring is for no definite time and the wages paid by 
 the day, week, montli. or year, when either party Avishes to termin- 
 ate the contract the other party is entitled to notice : 
 
 If paid by the day A day's notice. 
 
 If paid by the week A -week's notice. 
 
 If paid by the mouth A month's notice. 
 
 If paid by the year Three months' notice. 
 
 The notice need not be in writing, but Avhere the time is longer 
 than a day it would be much better to give a written notice. 
 
 214. CAUSES FOR DISCHARaE WIHOUT NOTICE. The 
 employee is presumed to give due diligence to the discharge of the 
 duties assigned to him, to be punctual as to time, to obey all reason- 
 able commands, and to be responsible for all damage caused by hia 
 negligence. If, therefore, he violates the agreement by hab^-gAllv 
 neglecting his duties, by taking absences without permission, or in 
 any of the following ways he may be discharged without notice b' 
 paying him the wages due : 
 
 1. Wilful disobedience of any lawful order of the master. 
 
 2. Gross moral misconduct. 
 
MA«TKIi AND SERVANT. 215— 2^ 
 
 3 Habitual lu'glig'oncein busiuess, or t'ouduot calculated serious 
 \j to injure the master's busiuesK. "~ ~" -— »w 
 
 4. Incompetence in the highei service where special knowledge 
 or skill is required, or permanent disability through illness. Tempor- 
 ary illness would not bo suiHcient cause for discharge. 
 
 The wage's to be paid in case ol' a discharge for cause are not 
 necessarily in proportion to th(? time the servant has labored. The 
 Avages that arv due must be })aid, but the wages that may have been 
 earned may not yet be due. 
 
 215. DISCIIAKGE WITH NOTICE. Persons employed on a 
 weekly or monthly service may quit or be discharged by giving a 
 week's or a month's notice; or at a moment's notice by payment of a 
 week's or a month's wages. 
 
 210. CAUSE FOli LEAVING. The master's commands are 
 presumed at time of contract to be reasonable, legal, and to be within 
 the limit of work the servant was employed to perform. The imple- 
 ments and machinery are supposed to be suitable for that kind of 
 "vvork and so protected as to be reasonably free from danger. If, 
 thereloie, the master gives unreasonable commands and endeavors to 
 enforce them the servant has cause for leaving. 
 
 If the machine, or any particular machine used by the employee 
 is not considered suitably protected and he gives notice to the em- 
 ployer, who still requires work to be done with the dangerous 
 machine, it is a cause for leaving. 
 
 If any accident occurs tvi^er giving of such notice the employer is 
 liable for damages. 
 
 If the servant used the machine without giving any notice of its 
 danger he cannot claim damages for an accident. 
 
 If the master does not pay the wages as per agreement the ser- 
 vant may procure a discharge and wages due by placing the matter 
 in the hands of a Justice of the Peace. 
 
 217. MASTER'S LIABILITY TO THIRD PARTIES. If a 
 master holds out his servant as an authorized and accredited repre- 
 sentative he is responsible for his action. This liability may arise in 
 three ways : — 
 
 1. By adoption by the master of the servant's contracts. If the 
 servant as agent contracts for his master and the master adopts and 
 ratifies the contract, he will be liable on it. 
 
 2. By giving express authority to contract either by deed, writing 
 or word of mouth. 
 
 3. By creating an implied authority to contract. The servant's 
 usual employment is regarded as the measure of his authority. Where 
 the master holds his servai^t out as his general agent by making con- 
 tracts, purchasing goods on his credit, etc., the master is liable so long 
 as the servant acts within the scope of that authority, and he will be 
 liable within that scope even should the servant act contrary to his 
 ord erf. 
 
'4 
 
 218— 21i^ • MASTER AND SERVANT. 
 
 1 The master's liability is not boundless, but justice and common 
 
 i I sense fix certain well defined limits. In general terms the master is 
 
 {|J liable for all those acts which are brought about through his instru- 
 
 I mentality. 
 
 j i 1. He is liable for the acts of his servant performed TYithin the 
 
 scope of his employment, however wrongful they may be, but he is 
 not responsible for the wrongful act if it is not done in the execution 
 ; of his authority and in the course of his employment. 
 
 2. Where a st rvant is driving a horse, which runs away and does 
 damage, if on the master's business. 
 
 3. 7here in executing his orders with reasonable care and does 
 damage. 
 
 4. Where he does an injudicious act and does damage. 
 
 , 5. When the servant even wantonly does injury if acting within 
 
 III the scope of his employment. 
 
 j 1 6. For injury done by the servant through drunkenness, if acting 
 
 ' within the scope of his employment. 
 
 7. If he orders the servant to commit a trespass, or if the trespass 
 results from the action to be done. 
 
 He would not be liable for a wrong done by the servant that was 
 contrary to his orders, or if the master were absent. 
 
 8. The master may be criminally liable for a criminal act of his 
 servant which he expressly authorized, or co-operated in its commis- 
 sion, but not otherwise. 
 
 : „ The master is liable tor the act of his domestic or menial servant 
 
 iit whether it be one of omission or commission, neglect, fraud, deceit, or 
 
 •M even of misconduct if it be done within the scope of his employment 
 
 I'll or with the express direction or assent of his master, no matter how 
 
 : |i' much he mav abuse his authority. 
 
 [ I 218. THE MASTER IS NOT LIABLE in any case for the injur- 
 
 ious acts of his servant unless they are wilful or the result of negligence. 
 Where there is no express or implied authority to do the act, or 
 the aoL of the servant is an act of his own, the master is free from 
 liability 
 
 If the master does not give any express or implied authority for 
 the ser^^ant to pledge his credit, he is not liable for any contracts made 
 lllHl by the servant in his name. 
 
 The master is not liable for the contracts of his servant where they 
 have an express authority and exceed it; or where they have an im- 
 plied authority and act beyond the scope of their employment. The 
 servant acting outside his authority does not bind his master. 
 
 The master is not liable after he has given notice that he has 
 terminated his servant's authority to pledge his credit. The notice 
 must be brought home to third parties to whom he has by his acts 
 given an implied authority. 
 
 219. SERVANT'S LIABILITY. A servant may render himself 
 liable ; 
 
 11 
 
MASTER AND SERVANT. 220—222 
 
 1. On coutracts made ou behalf of his master if he does not dis- 
 ■close the fact of his agency. AYhen contracting in his own name he 
 should always use words describing his capacity, as "agent for," or 
 ''per," "pro," etc. 
 
 2. For damages committed on behalf of his master he is liable as 
 Avell as his master, and to all third parties he stands as a principal. 
 
 3. He is also liable for a joint fraud committed with his master; 
 lor no contract of service compels a legal obligation to commit a fraud 
 or do a wrong. 
 
 4. In crimes as well as in injuries he is liable and cannot evade 
 responsibility by saying that he was only a servant and acting under 
 liis master's orders. 
 
 5. For any ciirninal action of the servant not expressly authorized 
 by the master the servant only is liable. 
 
 220. TERMINATION OF SERVICES. A contract of service is 
 terminated by lapse of time. 
 
 By the death of the hirer. The servant must be paid wages up 
 to that time. 
 
 By the death of the servant. His legal representatives will col- 
 lect his wages for the time during which service was rendered. ^ 
 "" A domestic or other yearly servant wrongfully quitting his mas- >^^ 
 X ter's service forfeits all claim to wages for that part of the current year A 
 ■during which he hae served. 
 
 If a domestic be wrongfully dismissed his remedy is an action 
 for damages against his master for the breach. 
 
 Temporary illness is not a sufficient cause for a discharge unless 
 the contr, ot has been rescinded. 
 
 A domestic servant wrongfully quitting his master's service for- v7 
 ^ feits that part of his wages due since the last day of payment. 
 
 221. VERBAL as well as written agreements between master 
 and servant, and between master and journeyman or skilled laborer in x 
 
 X, any trade or calling are binding unless the term exceeds one year. 
 
 No voluntary contract of service shall be binding on either party 
 for a longer time than nine years from date of contract. 
 
 222. COMMENCEMENT OF PROCEEDINOS. If any dis- 
 agreement exists between master and servant, proceedings must be 
 taken before a Justice of the Peace within one month after the engage- 
 ment has ceased. 
 
 If the Justice receives the evidence of the plaintiff he must also 
 receive that of tiie defendant. 
 
 When wages are not paid by the master to the servant, the ser- 
 vant may Avithin one month after the engagement ceased, or within 
 one month after the last instalment of vages was due, go before a 
 Justice for -^ ^earing of the case, and if furnishing sufficient proof of 
 the cause o^ ..is complaint, secure a discharge and obtain an order for 
 payment of %vages to the amount of $40.00 and costs. 
 
 Either party may appeal from the Magistrate's decision to the 
 
223—226 
 
 PARTNERSHIP 
 
 Divisiou Court by giving uotice of appeal to the other party within 
 lour days after the decision, and at least eight days before the holding 
 of the Division Court; also, within the foar days to enter into a bond 
 with the opposite party with two sureties, approved by the Clerk of 
 the Court, for $100.00, as a guarantee to appear and to cover the costs. 
 "Where masters and workmen establish a Board for the settlement 
 of their difficulties that may arise, it has by statute all the powers 
 that arbitrators possess, and its decisions are binding. See Revised 
 Statutes of Ontario, Chap. 140. 
 
 CHAPTER XV. 
 
 PARTNERSHIP. 
 
 223. PARTNERSHIP is a contract between two or more per- 
 sons who join together for the purpose of conducting a certain busi- 
 ness, with an understanding to participate in certain proportions in 
 the profits or losses accruing. 
 
 They may join their money, goods, labor and skill, or any or all 
 of them. What miitually constitutes a partnership is a "community 
 of profits." Firm, Company, House and Co-partnership are all syn- 
 onymous terms used to represent a partnership business. 
 
 224. TllEllE ARE THREE CLASSES of general partners : 
 
 1. Dormant, silent or sleeping partner; that is one who has an 
 interest in the business but whose name does not appear. It is rep- 
 resented in the firm name by "&; Co." 
 
 2. Ostensible partner is one who lends his name to the firm for 
 the sake of its reputation, but who haf no financial interest in the 
 business, 
 
 3. Actual partner is one who has both an interest and whose 
 name appears in the firm name. 
 
 As regards their respective liability to the public, they are all 
 equally liable. 
 
 225 PARTNERS' LIABILITY. In a general partnership each 
 member is not only liable to the i)ublic for his particular interest in 
 the business, l)ut also for the whole debts of the firm. 
 
 22(J. SPECIAL PARTNER is one who takes a certain intere.st 
 only in the business, and Avho also only undertakes to share a certain 
 amount of the gains or losses. The amount of losses which he as- 
 sumes liability tor must not h^i less than the amount of capital he in- 
 vests. This special partnership arrangement must be inserted in the 
 partnership agreement and filed at the office of the County Court 
 Clerk. 
 
 This special or limited partner must not have anything whatever 
 
PARTXEKSHIP. 227—229 
 
 to do with the mauagomoiit of the business, aud takes no part in the 
 Avork. He may g-ive counsel to the firm, but if he takes any part in 
 its management he makes himself a general partner, and thus liable 
 for all the debts of the lirm. 
 
 One member of a iirm has no right to sign the firm name for 
 purposes of suretyship or on private account. He must not employ 
 the property of the lirm for his own private use. 
 
 227. PARTNEKSlIir AGREEMENT. A large number of 
 partnerships are unwisely formed, simply by an oral agreement, and 
 xhus a wide opportunity left for future disagreements and much fric- 
 tion. Sometimes tAvo parties will engage in business together Avith- 
 out any definite stipulations other than the division of the profits, 
 thus having only an implied agreement. 
 
 Properly, every partnership agreement should be reduced to 
 writing, with a great deal of deliberation and caution. 
 
 It may also be sealed, which gives it a still greater sanctity. 
 
 228. 'the articles of co-partnership should contain: 
 
 1. The names in full of each member. 
 
 2. The nature of the business to be conducted. 
 
 3. The place where it is to be conducted. 
 
 4. The amount of capital that each partner invests. 
 
 5. If any partner makes no cash investment, but whose experi- 
 ence or skill, etc., is his investment, 1hat should also be inserted. 
 
 6. The date of commencement, end duration of the contract if it 
 is for a definite period. 
 
 7. If a division of work is agrred betAveen the partners, such as 
 for one partner o!ily to sign a!i orders for goods, accept all drafts, issue 
 the notes, etc., it should be clearly revealed in the agreement. 
 
 8. Provision for settlement in case of the death of a partner. 
 Besides there, these are various other things Avhich could profit- 
 
 ably be embodied in the agreement, such as that neither should be a 
 candidate for a municipal office or an active political partizan without 
 the consent of the firm; also, that neither partner should endorse 
 paper for others, or become bail for any person, Avithout consent of the 
 firm, or to engage in any other business that Avould require invest- 
 ment and possibly incur loss. Also a provision for winding up the 
 business in case of a dissolution. 
 
 229. REGISTRATION OF PARTNERSHIP. Every partner- 
 ship must be registered at the County Registry Office where the 
 business is carried on. 
 
 The registration must be made within six months after the part- 
 nership is formed. 
 
 The penalty for not registering is a fine of |100.00, one-half to go- 
 to the informer and the other half to the CroA^'n. 
 
 Each partner can act for the firm unless h-^ is prohibited in the 
 partnership agreement. He may receive payn.ent of bills aud ao- 
 
! ^ 
 
 li30— 234 rAliTNEliSllU'. 
 
 counts, compromise ■with a debtor or represent tli<> li m iu a suit at 
 court. 
 
 He may make a note or accept a draft for the firm iu the regular 
 course of business, or do any other act he deems necessary in the m- 
 terest of the firm. 
 
 2;Uh NON-TEADING FIKM."^. Firms that are not trading 
 firms, such as a law lirm, do not come under the partnership laws; 
 neither can they give a note as a iirm. They may all sign it, but it 
 is only as a joint and several note, the same ajj though they were not 
 associated personally. 
 
 li'.il. CHURCH TRUSTEES may be held personally liable if 
 they sign their names to any document for church purposes, as there 
 is no Act of Parliament giving them power to act as such, or authority 
 to bind others whom they may chance to represent, but this does not 
 apply to mortgages on property of the church congregation. 
 
 The same is true of the olHcers of the various social and benevo- 
 lent organizations. 
 
 If a bill or note is signed by one of the lirm, the firm can be held 
 liable, providing that two things can l)e proved, viz.: That it Avas 
 for the firm purposes, and that the person signini^' it had proper 
 authority to do so. 
 
 A partner not invested with the right, and binding his co-part- 
 ners, renders himself liable to them. 
 
 2;J2. INSTRUMENT UNDER SEAL. One partner cannot bind 
 the firm by an instrument under seal unless he has been empowered 
 by an instrument under seal to do so. 
 
 u.-w. DISSOLUTION OF PARTNERSHIP. The following are 
 among the things that call for a dissolution of partnership: — 
 
 1. Insolvency of one of the partners. 
 
 2. Insanity of one of the partners. 
 
 3. Death of one of the partners. 
 
 4. Mutual consent. 
 
 5. Marriage of a female partner. 
 
 The above events do not necessitate a disso^.ition hnt they are a 
 sufficient cause, and if any of the iirm should dunand a dissolution it 
 iiUist be complied with. 
 
 In the case of a dissolution notice must be given to the public in 
 the folloAving manner: 
 
 For persons whose business has been conducted in Ontario, notice 
 must be given in tht^ Ontario Gazette. 
 
 For ])ersons Avhose business extends to the other provinces, notice 
 must be given in the CaiKu/a Gazeftr. 
 
 It is also customary to give notice in the local press and to send 
 circulars to each individual firm with whom business has been done. 
 
 •J.'M. BUSINESS AFTER DISSOLUTION. After dissolution no 
 partner has a right to sign the lirm name without the power of attor- 
 
JOINT 8TUCK COMPANIES. 235—237 
 
 ney. II" a. note has to be given the only alternative is for each partner 
 to sign his name separately. 
 
 A part)ier, alter dissolution, has power to demand that the assets 
 be used exclusively to pay oil" the lirm's liabilities belore anything can 
 be appropriated by the partners. 
 
 235. RETIIIING PARTNER. A retiring partner from a part- 
 nership firm, in order to protect himself from the future liabilities of 
 the lirm, must, in addition to th(! advertisements already mentioned, 
 register a declaration of the dissolution at the County Registry 
 Office. 
 
 This, of course, does not free him from previous liabilities thus 
 incurred Avhile he was a membi'r. Nothing- but a release from the 
 individual c>reditors can free him from the past lialiilities. 
 
 But for ail business enterprises intended to be permanent and of 
 large dimensions, it would be far better to iorm a Stock Company 
 instead of a partnership. See next chapter. 
 
 CHAPTER XVI. 
 
 JOINT STOCK COMPANIES. 
 
 23«. A joint stock company is an association of individuals pos- 
 sessing corporate powers, enabling them to transact business as a 
 single individual. 
 
 The incorporation of a joint stock company may be effected either 
 under Dominion or Proviuinal Legislation. 
 
 Under the Dominion Legislation it may be either by special Act 
 of Parliament or by Letters Patent under the Joint Stock Companies' 
 Act. Banking, raihvay, telegraph and insurance companies mast be 
 incorporated by special act, as the powers they seek are so extensive 
 that special legislation is necessary to determine their limit. 
 
 Under the Ontario Legislature incorporation is secured under the 
 Joint Stock Companies' Letters Patent Act. found on page 1,443 of the 
 Revised Statiites of Ontario for lH!-»7, or bv siiecial act. 
 
 2»7. ADVANTAGES OF INCORPORATION are many, the 
 following of which are chief: 
 
 1. The business can be conducted on a much more extensive 
 scale, as many more people can be interested in it than would be pos- 
 sible in an ordinary partnership. 
 
 2. The liability of shareholders is limited to the amount of stock 
 they hold, an advantage of great consideration when compared with 
 the dangers of partnership. 
 
 3. Property in the business is more easily transferred than in 
 partnership. I'aid up stoc'k may be sold at any time 
 
i ! 
 
 :!■ 
 
 « 
 
 238—241 JOINT STOCK COMPANIES. 
 
 4. A busineKSs iiiider corporate powers possesses au element ot 
 permuiieiiey not found in an individual or partnership business. The 
 death of any of the stoekholders doi»s not call for a dissolution, as it 
 would in a partnership, but the heirs succeed to the shares and the 
 business is unchanged. 
 
 5. Employes can be interested in the business, and thus rendered 
 permanent, and their services more valuable. 
 
 •^iiX. CORPOliATE BODIES. There are several corporate 
 bodies that are not tradinj^ corporations, as Townships, Counties, In- 
 corporated Villages, Towns, Cities and Provinces. Also, Ecclesiasti- 
 cal, Educational and Charitable Institiitions maybe incorporated. All 
 such can buy and sell their property, enforce their by-laAVs, sue and 
 be sued for debt. 
 
 55«9 HOW TO FORM A COMPANY. The first thing to be 
 done is to open the Stcck Book, in Avhich the subscribers enter their 
 names for the number of shares they Avish to take. 
 
 When one-half the proposed amount of stock has been subscribed 
 and ten per cent, thereof paid in, then the application maybe made 
 for letters patent. If under Provini'ial legislation, application should 
 be made " To the Ilonorabh^ Provincial Secretary," Toronto, and no 
 fixed amount is required to be paid in. If it is under Dominion legis- 
 lation, application should })e made "To the Honorable Secretary ot 
 State," Ottawa. 
 
 •^4() ADVERTISING IN THE OFFKMAL OAZETTE. Before 
 the application can be made for incorporation the apjilicants must 
 publish in the Ontario Gazette or the Canada Gazette, as the case may 
 be, for four consecutive numbers, their intenlion to apply for the 
 same, giving the proposed name of the Company, its piirposes, am- 
 ount of capital, number of shares, place of business, name, address and 
 calling of the applicants and the names of the Provisional Directors. 
 
 '44 I . THE PETITION. It is about the first thing done, either 
 by the solicitor or any person who may be doing the oliicial t-orrespond- 
 enoe, to communicate with the Provincial Secretary^ or Secretary of 
 State concerning the formation of the company, and who will for- 
 ward the necessary instructions and also a blank petition lor the sig- 
 natures of the applicants. 
 
 Then this petition is duly filled out according to the instructions 
 and forwarded to the Provincial Secretary% or to the Secretary of State, 
 as the case may be, accompanied by the (rovernment fee, affidavits, 
 etc Upon receipt of this, notice will be immediately given in the 
 Oljidal Gazette of the issue of letters patent, when the parties named 
 therein and their successors become a body corporate and politic by 
 the name mentioned in the same. 
 
 If the proposed company is of such a nature as to require consid- 
 erable advertising in order to create interest enough to sell the stock, 
 then a prospectus would be issued first of all, setting forth the name 
 
 I t 
 
JOINT STUCK COMPANIES. 242—251 
 
 of tho oompany, "where it is to be loi>at(Ml, ainoiiut of capital, the num- 
 ber of ^<hare.s into which it is to be divided, etc. 
 
 5i42. THE NAME of the comjxuiy must not be the same, or 
 even similar, to that of any other company, -whether incorporated 
 or not. 
 
 243. BOARD OF DIKECTOKS. The directors are appointed 
 by vote of the stockholders each year, and the directors have the 
 whole mauayement of the business during their terra. 
 
 •^44-. BOOKS TO IVE Kl<]rT. The law riMpiires certain books 
 to be kept, giving the names of the stockholders and the shares oAvned 
 by each, the amounts paid in on stock, the names and addresses ot 
 the directors 
 
 These books are always to be open for inspection by creditors or 
 the public in general. 
 
 a45 UNPAID STOCK. Stock that has been subscribed for 
 but not paid up stands as a resoiuce, and is a security to the public. 
 
 246 LIMITED LIABILITY. In stoik companies a share- 
 holder is only liable to creditors to the amount of stock he has sub- 
 scribed lor. If that has been paid he is not liable to creditors for 
 anything in case of bankruptcy of the company. 
 
 247 DOUBLE LIABILITY applies only to chartered banks. 
 A stockholder in a chartered bank is liable to creditors for double the 
 amount of stock he subscribed for. 
 
 If it has all been paid up, and the bank fails, he is liable to be 
 called upon for just that much more. If the stock has not all been 
 paid up, he will have to pay the balance, and then another sum of 
 same amount as the stock he owned. 
 
 248 I'RANSFEll OF STOCK. Shares in a stock company 
 are personal property. They may be sold or transferred if they have 
 been paid up. If they are not paid up they can only be sold by the 
 consent of the directors. 
 
 249. DIVIDENDS can only be paid out of the profits. If 
 there has not been a profit over the running expenses, no dividend 
 can be declared, for if the officers were to declare a dividend out of 
 the capital, they would make themselves personally liable in case the 
 company went into liquidation. 
 
 260. LIABILITIES OF COMPANIES. They may be fined 
 or assessed for damages, but, of course, cannot be imprisoned, because 
 there is no personality. 
 
 251. THE WORD LIMITED must be affixed to their sign on 
 the front of the building, and wherever the namf of the company 
 appears in advertisements, in their contracts, on their letter heads 
 and accounts, etc. If this is not done a penalty of $20.00 per day is 
 required by law for every day it is neglected. 
 
 This word "limited" indicates to the public the nature of the firm 
 they are dealing with, the limited liability of the stockholders; hence 
 
252—255 LANDLORD AND TENANT. 
 
 the rigor of the law in requiring it to be ever present with the com 
 pany's name. 
 
 [Persons intending to form a stoi'k company should send |1.00 to 
 Mr. "Warde, Toronto. Ont., for a copy of his "Manual of Joint Stock 
 Companies." It is a perfect guide.] 
 
 CHAPTER XVII. 
 
 j' 
 
 i 
 
 LANDLORD AND TENANT. 
 
 252. The relation subsisting between landlord and tenant is 
 that which subsists between t lie owner of houses and lands and the 
 person to whom he grants the use of them for a specified time for a 
 stipulated consideration called rent. In the law books the landlord is" 
 called the lessor and the tenant the lessee. The same class of persons 
 who can contract in regard to notes and bills can contract as regards 
 landlord and tenant; that is, those of the full age of twenty-one years 
 and of sound mind. 
 
 253. CLASHES OF TENANTS. There are three classes of ten- 
 ants: (1). For life. (2). For years. (3). At will. 
 
 254. LEASE is the name given to the contract between land- 
 lord and tenant. It may be either oral or written, or under seal. 
 
 A lease for "years" may be effected either orally or in writing. It 
 may be for any term of years. 
 
 An oral lease will only answer lor a period of three years. A 
 lease for a longer period than three years, and under seven years, 
 must be in writing. 
 
 A lease for over seven years must be in writing and under seal, 
 signed by the parties themselves, or their duly authorized agents, 
 who also have been appointed by writing under seal. A lease for 
 over seven years must be registered, otherwise a person buying the 
 property without notice of this lease could, by giving six months' 
 legal notice, eject the tenant. 
 
 The lease should state clearly all the conditions, as verbal pro- 
 mises and agreements do not avail in law where there is a written 
 instrument. 
 
 Duplicate copies should always be made of a lease, and each 
 party should retain one. 
 
 Tenants have the exclusive use of the property while in their 
 possession, and may even eject the landlord should he trespass 
 
 Tenants cannot sub-let the premises without permission from the 
 landlord. If he does the landlord may eject; it also renders his lease 
 voidable. 
 
 266. SHORT FORMS. In the Short Forms of Lease, now in. 
 
^- \ 
 
 LANDLORD AND TENANT 25G— 25S> 
 
 general use throughout the country, the term "and to repair" has a 
 very broad meaning; so much so, in fact, that unless modified a tennnt 
 may be compelled to rebuild in case of fire. Also the clause "to leav& 
 the premises in good repair" must be modified in th(! same miuiner. 
 This is best done in the following, or similar language : " Ordinary 
 wear and tear, and accidents by lire and tempest excepted." 
 
 A tenant must, however, even in this case, leave the premises in 
 as good repair as he found them, "ordinary tear and wear," of course, 
 "excepted." 
 
 26<s. THE LANDLORD'S COVENANT. The only covenant the 
 landlord makes is to give the tenant quiet enjoyment. If evicted by 
 another person, who has a prior or better claim to the property, the 
 tenant may recover from the landlord any damages that he may 
 sustain. 
 
 2r»7. LANDLORD AND OTHER CREDITORS' RIGHTS. 
 Where there are other creditors, the landlord can only recover, prior 
 to them, for one year's rent. Aftei that he must take his share only 
 with the rest. 
 
 As far as distress is concerned, where there are no other creditors, 
 he may distrain for six years' rent. After that he has a further remedy 
 by way of action (or suit), and this action may be brought any time 
 within twenty years on a lease under seal. 
 
 Rent cannot be sued or distrained for until it is due, even 
 though the tenant may be leaving the premises. If the tenant were 
 leaving the country, with the intent to defraud, the goods could be 
 attached. 
 
 If a tenant removes goods fraudulently and clandestinely the 
 landlord may follow for thirty days and distrain; otherwise he must 
 distrain on the premises. 
 
 258. TAXES. In all ordinary written or oral leases the land- 
 lord must pay the taxes, unless some express provision is made to the 
 contrary. 
 
 The tact of a landlord agreeing to pay the taxes does not relieve ^^)*st 
 the goods on the premises, though they belong to the tenant. / 
 
 If a lease is given prior to a mortgage, the mortgagee takes sub- 
 ject to the lessee, and vice versa if the mortgage is given prior to the 
 
 259. NOTICE TO VACATE. In case of a yearly tenancy, six 
 clear months' notice must be given to quit. These must be calendar 
 months, as in all other cases where months are used in contracts. 
 Example: A yearly lease beginning July 10th, the notice to quit 
 must be given betore July 10th, so as to leave six clear calendar 
 months before the expiration of the year. In case of a quarterly lease 
 three months' notice must be given; and if the tenitucy is monthly, 
 then one clear month's notice must be given. If by the week, then 
 a week's notice. There is no half yearly lease. A person renting, 
 say for six months, it would simply be six consecutive months, and 
 
260—268 
 
 LANDLORD AND TENANT. 
 
 Hi 
 
 1 1, 
 
 I 
 
 11 
 
 if he held over that time, oue month's notice only would be given 
 to quit. 
 
 200. WRITTEN NOTICE. A notice to quit, given either by 
 the landlord, or tenant, should be in writings to be binding. An oral 
 notice is sullicient, but it is better to give the notice in writing, as it 
 is more easily proved. An ordinary letter containing the facts, 
 handed to the other party, or sent by mail, will answer as well as a 
 formal notice. (See notice to vacate). 
 
 Where property is leased for a definite time, the lease expires at 
 that date, and neither party need give the other notice to terminate 
 it. The tenant may go out, or the landlord may lease the property to 
 another party. But where this lirst period has been passed and the 
 tenant still remains in possession, ho then becomes a "Tenant at Will." 
 and then, after that, when he wishes to vacate, or the landlord de- 
 sires him to vacate, this notice must be given. 
 
 2«i. DOUBLING THE RENT OR EVICTING-. If the tenant 
 does not vacate the premises after his lease expires and demand for 
 rent, and notice to quit has been given, the landlord may double the 
 rent by giving the tenant notice in writing to that effect; or the ten- 
 ant may be evicted by obtaining an order from the County Judge. 
 
 12«2. DISTRAINING FOR RENT. If a tenant does not pay his 
 rent, the landlord may distrain. In this case any person may act as 
 a bailiff. 
 
 Rent may be payable in any way agreed upon, either in advance 
 or at the end of the term. It might be a monthly tenancy, and yet 
 the rent payable weekly; or a yearly tenancy, with the rent payable 
 monthly or quarterly. Whatever the agreement maybe for payment, 
 the tenant has the whole day on which the rent falls due in wnich to 
 pay it, and no expense can be incurred until the day after the rent 
 is due. 
 
 The landlord may distrain for rent the day after it is due. It 
 must be done after sunrise and before sunset. The person distraining 
 cannot break outside doors in order to seize, but after he once gains 
 admission to the building he may then break open any inside doors 
 that are not opened lor him. 
 
 Distress may be made any time within six months after the ex- 
 
 ! 
 
 lay De recovered by 
 years rent if no other creditors are interested. 
 
 203. THE EXEMPTIONS from a landlord's warrant are now 
 quite numerous, and are the same as those from executions. (See 
 jiection 90 for the list). 
 
 The goods belonging to third parties, as visitors, boarders or 
 lodgers, are also exempt. Also any goods that may be on the pre- 
 tnises for repairs or for any other purpose, if they are not in use by 
 'he tenant. 
 
 i 
 I 
 
I 
 
 LANDLOKD AND TENANT. 264—266 
 
 Furniture, sewing niiuliineH, niusiiial instruments, etc., purchased 
 on a lien ag-roement or not, are liable to seizure ibr rent if there is not 
 enouj^h other goods to satisfy the (;laini. 
 
 Alter the sale of his goods for rent, if the tenant should still re- 
 main in possession, the exempted goods also become liable for seizure 
 if there is rent still due. 
 
 2<»4. ]ilWISTANCE- A tenant may resist the entrance of a 
 baililFor other person who may come with a landlord's warrant. Any 
 time before thci baililf makes a list of the goods th(> tenant may retake 
 them from him. After the bailill makes a list of the goods seized and 
 delivers it to the tenant, then the goods are said to be impounded and 
 resistance must cease. 
 
 A tenant's goods cannot be seized if thev are removed from the 
 premises unless the bailiff saw them beinu' taken away, or unless they 
 have been removed fraudulently and clandestinely to prevent seizure 
 lor rent. That is taken away in the night or in any other secret 
 •way. 
 
 2<W. GIVINd UP POSSESSION. The tenant who claims the 
 benefit of the exemptions iu case of a landlord distraining for rent, 
 must give up possession of the premises forthAvith or be ready aud 
 offer to do so. The oll'er must be made to the landlord or his agent, 
 and the person making the seizure is considered his agent for this 
 purpose. 
 
 The surrender of the possession in pursuance of the landlord's 
 notice is a termination of the tenancy. 
 
 2««. SEIZING THE EXEMPTED GOODS. If the landlord 
 desires to seize the exempted goods as well as the others he must give 
 the tenant a written notice which will inform him of the amount 
 claimed for rent iu arrears, and if he neither pays the rent nor gives 
 up possession, his goods and chattels maybe sold to pay rent in arrears 
 aud costs. The notice must be something like the following : 
 
 Take notice, that I claim % for rent due to me iu respect 
 
 of the premises which you hold as my tenaut, namely: (here briefly 
 describe them, giving the number aud street, or lot, concession, etc.,) 
 aud unless the said rent is paid I demand from you immediate pos- 
 session of the said premises; aud I am ready to leave in your possession 
 such of your goods and chattels as in that case only you are entitled 
 to claim exemption for. 
 
 Take notice, further, that if you neither pay the said rent nor 
 give me up possession of the said premises after the service of this 
 notice, I am by law entitled to seize and sell, and I ixitend to seize 
 and sell all your goods and chattels, or such part thereof as may be | 
 
 necessary for the payment of the said rent and costs. ^ 
 
 This notice is given under the Act of the Legislature of Ontario 
 respecting the Law of Landlord and Tenant. ?,. 
 
 Dntedthis day of A. D., 18 
 
 To C. D., {Tenant). {Signed) A. B., {Landlord). 
 
 
 i 
 
( 
 
 • I- 
 
 267—271 LANDLORD AND TENANT. 
 
 !i«7. GOODS SEIZED FOR OTHER DEBTS. If a teiiiuit'a 
 goods have been seized for other debts the huidlord cannot seize theni 
 again, nor sell them, but he may hold them until his claim is paid. 
 
 2rt8. PENALTY FOR ILLEGAL SEIZURES. » If a landlord 
 distrains for more than the amount due the tenant, the tenant <iui 
 enter an action and recover treble the amount of over-seizure; and in 
 case of distraining before rent is aue the tenant may recover doul)lo 
 the amount of goods distrained. 
 
 v«j). FIXTURES must be something of a personal character. 
 Anything that is alHxed to the freehold so that it cannot be separated 
 •without doing serious damage to the freehold becomes a part of it. 
 
 Anything that is sunk into the ground, as a well, trees, build- 
 ings of stone or brick are the same as the soil itself, and therefore, a 
 part of the freehold. But buildings placed on stone boulders, or posts, 
 or plate, are fixtures and may be removed without injury to tie soil. 
 
 The machinery of a manufactory is also a fixture and can be re- 
 moved. 
 
 Where there is doubt as to whether a certain fixture should be 
 regarded as a fixture or be held as part of the freehold, the presump- 
 tion is always in favor of the freehold. 
 
 It is an axiom in law "that th? expression of one thing is an 
 omission ot all the rest," and for this reason it anything is mentioned 
 as a fixture, other things, though of a kindred nature, would be sup- 
 posed to be omitted and therefore remain a part of the freehold. 
 
 A tenant claiming anything as a fixture must remove the art' -le 
 promptly and make it known that he claims it, otherwise he waives 
 his right to it. 
 
 As between the heir and the personal representative, the heir 
 I ill I occupies the same position as the landlord and his right is, of course, 
 
 prior. 
 
 A creditor can seize and sell immediately anything that has not 
 become freehold, but any hxtures that have become freehold are gov- 
 erned by the same laws as real estate and therefore cannot be sold 
 until the execution has been in the hands of the sheriff at least one 
 year. 
 
 270. REPAIRS necessitated by natural decay, the landlord is 
 supposed to make, but all breakages are to be made good by the 
 tenant. 
 
 271. BOARDERS AND LODGERS. Lodgers are temporary 
 lessees and are subject to the same laws and have similar privileges 
 in respect to the rooms they occupy as a regular tenant. Their goods 
 are not liable to seizure for their landlord's rent. 
 
 In case a boarder's or lodger's goods are distrained for rent due 
 by his landlord.-'he must serve the superior landlord, or bailiff', or other 
 i^erson levying the distress with a written declaratiou that the tenant 
 has no right of property or beneficial interest in the goods or chattels 
 distrained or threatened to be distrained, and that they are the prop- 
 
 
 i i! 
 
COMMON CARKIERS. 272—278 
 
 erty or in the lawful possessiou of sufh bourdor or lodger; and if ho 
 should owo the tenant for board or otherwise, he may state this 
 amount and i)ay it over to the KUi>erior landlord or the bailiff or 
 enough of it to discharges the landlord's claim if the boarder should 
 owe more than that. With this declaration must be given an inven- 
 tory of the articles referred to. 
 
 If the superior landlord or baililf, after receiving this declaration 
 and inventory, and after the boarder or lodger has paid over to him 
 that much money, or offered so to do, he still proceeds with the dis- 
 tress, he is guilty of an illegal distress and the boarder may replevy 
 such goods; and the superior landlord shall also be liable to an 
 action. 
 
 Any such payment made by a boarder to the superior landlord is 
 a valid payment on account due from him to the tenant. 
 
 Every person who serves a distress shall give a copy of all costs 
 and charges of the distress to the person on whose goods and chattels 
 the distress is levied. 
 
 CHAPTER XVIII. 
 
 COMMON CARRIERS. 
 
 272. There are three classes of carriers : 
 
 1. The person who carries goods without charge. Such a person 
 is'not liable for slight or even common negligence if loss should occur. 
 The person for whom the goods are carried is responsible, except for 
 the grossest of negligence. 
 
 2. The one who carries goods privately for hire. That is. one 
 who does not make it his business to carry goods, but still does so 
 occasionally and takes pay for it when he does. Such a person is 
 liable only for common negligence if loss occurs. 
 
 3. The common carrier is a person who holds himself out to 
 the public as carrying goods for hire. Such are liable for even very 
 slight negligence, and must exercise the greatest caution. 
 
 Examples of this class of common carriers are : E-ailroads, ex- 
 press companies, steamboats and vessels, draymen, carters, transfer 
 companies, etc. 
 
 27{i OBLiaATION TO RECEIVE GOODS. Common carriers, 
 mentioned in the third class as railroads etc., are obliged to accept 
 goods offered for carriage, unless they have no room for carriage, or un- 
 less they are a dangerous class, as explosives. He has a right to 
 know what the goods are that are offered for carriage. 
 
 A common carrier, a warehouseman and wharfnger are almost 
 the same thing. A warehouseman is bound to take goods offered for 
 
f 
 
 1^ '. '■: 
 
 \ 
 
 l' j 
 I' ! 
 
 
 J ■ i 
 
 ,15. 
 
 ■'i im I 
 
 Ifil 
 
 I 
 
 274 COMMON CAltRIKKS. 
 
 carriage if he has the oonveniouce lor carrying or storing them. He 
 has a right, however, to know what the goods are, and it" anything 
 dangerous, as dynamite, may r(!ruse them. 
 
 A warehouseniJin'.s liability ends Avhen he i)laoes the; goods on the 
 specified conveyance. 
 
 274. RKSPONSIBILITY OF CAUIUKKS. The carrier is repon- 
 sible tor the safe delivery of the goods at th(nr destination. 
 
 The original carrie- is liable till fh(^ goods reach their destination, 
 although they are to b(! delivered piist the (Mid of his liK^ or route, 
 unless he designates himself as ii Jorituirder of Ihe goods after the end 
 of his route has been reached, in Avhich casi! ho. is only liable as far 
 as he carries the goods. ]lis resjjonsibility may also be limited by the 
 terms of the contract. 
 
 If goods are sent to })e sold by a common carrier, he then incurs 
 a doubh' liability; first to deliver the goods safely, and secondly to 
 return the mom^y. The goods must be accepted before the carrier's 
 liability commeni'(>s. 
 
 If a vessel is chartered to a party he is liable instead of the owner 
 
 If a common carrier agrees to didiver goods in a certain time and 
 does not do so, he is lialile in damages to th(! j)erson sending them. 
 
 Should he dcsviate from the regular route, although for good 
 reason, and there meet with an accident, he is liable lur alllosses that 
 may occur. 
 
 In case a warehouseman is not informed as to the mode of con- 
 veyance, he must use his discretion. 
 
 A common (;arrier is liabhs for all goods entrusted to his care, 
 unless the damage dont^ is caused by the Acts of Ood or the Queen's 
 enemy. A storm, an earthquake, a sudden inundation — in fact every- 
 thing that cannot be traced dirtictly or indirectly to the acts of men 
 is considered an a(;t of God, but a f're arising from other causes than 
 lightning, is net. 
 
 In case a carrier is unavoidably delayed, as by the freezing of a 
 canal, he must take due care of the goods during the delay. 
 
 Enemies of the state or country, as an invading army or pirates, 
 are what are termini the Qujen's enemies, and tor the acts of these a 
 carrier is not responsible. But in case of private depredations, even 
 train robberies, he is responsible in all cases. 
 
 He is also not responsible if the goods are not properly packed, 
 "^or fcr breakage or decay, in case of perishable goods. 
 
 Th(; production )f a shipping ])ill throws the onus of proof on the 
 carrier to ;,how mat either ho. is under one of the two exceptions — 
 acts of Cxod or Queen's enemies — or that he delivered the g: -^ds safely, 
 or that they wen; improperly packed. 
 
 A mrrier can, however, rid hiinself of responsibility by a general 
 notice to th(? public, or by a special noti e in the shipjnng bill, that 
 he will not be responsible in certain cases, or over a certain amount. 
 
 11 
 
 ! 
 
COMMON CAURIERS. 275—278 
 
 If an accident, however, occurs, the onus lies with the (^arrier to show 
 that he has not been «^uilty of nc^ji^lii'-tmce. 
 
 The noti(;e in th(! Khij)j)in^ bill is to be n^ad least favorably to the 
 carrier. It throws the onus of i)ro<)i, however, on the shipper to show 
 that the carrier was gfuilty of n('<,''li<r(nic(!. 
 
 If a person ships ^oods and r<!c(!ives a (jontract without reference 
 to the notices, whether he knows of the notice or not, the c(jutract 
 whether written or i)rintt'd nuUiiies the notice. 
 
 Unless it is so mentioned, a carrier is not responsible for any un- 
 avoidable delay. 
 
 The position of a forwarding merchant is very similar to that ot 
 a common carrier. His liability is principally gath<!red from his Bill 
 of Ladin<:^. 
 
 The f^ovtirnment is not liable for the loss of a letter. The Post 
 Office authorities may, ho«wever, if proved if-uilty, be held resjionsible. 
 
 275. BAILMlllNT is a dfdivery of goods l)y bailor and an accept- 
 ance by bailee on a trust, (!xi)r<sssed or implifd, to l)e delivercnl by said 
 bailea as soon as tht* contra<;t is complii'd with. The bailor i.s tht." one 
 owning' the property; the bailee the one to Avhom the property is en- 
 trusted. Then; arc; various classes: 
 
 1. Where goods an; Itdt in can; of another, without hire, merely 
 taken as a matter of friendship. Such .i piM'son would only l)e liable 
 for gross neglect. 
 
 2. Wh(!re goods are left in can* of anoth(;r pcsrson for hire. Such 
 a person would be lia])le for common negligen* (^ 
 
 3. Wh(;rt! goods are hdt in the hands of a person to be sold on 
 commission. The consigniM; in such case laust exercise ordinary dili- 
 gence in caring for ihc: goods. He has a lien on the goods for all his 
 charges aiul commission. 
 
 4. Where property is borrowed to be uschI lor the benefit of the 
 borrower. In su(;h case the jxu'son borrowing, and giving nothing as 
 com])ensasion, is r(H[uired to exercise th(; utmost diligence in curing 
 for the proptsrty, and will be; liable to make; good any damage. 
 
 5. When proptirty is hdt as a [)l<!dgt; or «u)llateral security for a 
 d(ibt or loan. The holder must usi; ordinary diligi ii;'e in caring for 
 the goods. If th(! Ixdit is not paid, the property may be sold lor the 
 debt; : ut what may b(; over the amount of the debt must be returned 
 to the owncu »vho gave it in ])le(lg('. 
 
 G. When; one person ol)t:iins the use; of jn-opiirty from anollusr 
 person and pays for its use. TIks borrower is linbh? lor ordinarv care. 
 lie is entitled to its exclusive; us*; for th«; purpose agreed upon, and if 
 he uses it for any othen- purpost; Ik; nMid(;rs himself li^^ble lor any 
 damage resulting th(;refrom, and also for additional hire. 
 
 As the i>arties are benelit(;d by such borrowing for hire, if any 
 damage o(;curs, when using the property as agreed upon the borrower 
 is not -sponsible unless Ik; did not exercise ordinary care. 
 
 27*». rAWNIUiOKEUS are persons who loan small sums of 
 
1 1' I 
 
 i!H 
 
 277 RAILWAYS. 
 
 raouey, and take jewelry, iurniture and other similar kinds of property 
 as security. Their isign of "three balls" is required to be exhibited be- 
 fore their plai.'e of business. They must also have a license. 
 
 CHAPTER XIX. 
 
 RAILWAYS, 
 
 277 . The law requires that for a train running through the coun- 
 try a bell miist be sounded or a whistle blown eighty rods before 
 reaching a crossing, and be kept blowing or sounding until the engine 
 has passed the crossing. 
 
 Foot passengers are supposed to look out for themselves. 
 
 A railroad is not responsible for the life of any person walking on 
 the track. 
 
 A railroad company must give a check for all personal baggage 
 up to one hundred j)ounds weight, provided there is a loop or handle 
 on which to fasten it, under a penalty of eight dollars and refunding 
 the passenger's fare each time they refuse. 
 
 Railroad companies are liable for damages in case of any unreason- 
 able delay. Not for any imaginary damages, but for what loss can be 
 shown to have been suffered. 
 
 They must at every station write, or cause to be written, in a con- 
 spicuous place, the time when, to the best of their knowledge, any 
 overdue train will be likely to arrive This does not, however, re- 
 lieve them of their liability for damage, in case any is sustained 
 through the delay. 
 
 A man buying his ticket after the train is due cannot, of course, 
 sue the company for damages, as he is aware of the train being late 
 just as much as the company was. 
 
 Railroad companies are also obliged to provide rooms for their 
 passengers to wait in, and also to keep these rooms free from tobacco 
 smoke and other kindred nuisances. 
 
 Trains must not be run at a greater speed than six miles an hour 
 through a city or any thickly populated community. 
 
 A man and his wife may take a double quantity of baggage — two 
 hundred pounds. 
 
 If anything of value, as a gold watch, is in the baggage, the com- 
 pany must be informed, so that due care and caution may be taken 
 with it. The company would not be respuueible if they -were not in- 
 formed of it being included Avith their ordinary baggage. 
 
 A man paying his fare on the train must present a reasonable 
 amount that the conductor could be expected to change. 
 
 Every conductor is obliged to have a badge ou his cap, or a pas- 
 senger is not obliged to give his ticket to him. 
 
HOTEL KEEPERS. 278—280 
 
 A passenger who refuses to pay his fare, or who for any other 
 cause ibr which he may be put off" the train, can be put off" at any 
 etation, or ordinary stopping- place, or n(»ar any dwelling house. 
 
 The company is liable in damages for any injury sustained by a 
 person getting off' a train while in motion, under the countenance ol 
 the conductor. 
 
 If a person jumps off' a moving train without the knowledge oi 
 the conductor, or contrary to his will, the company is not liable for 
 any damages. 
 
 But if a person jumps off" a train when a collision is liable, and 
 gets hurt, the company is responsible, even thoiigh he could not have 
 been injiired, had he remained in his seat. 
 
 A person who has a ticket and cannot find it, is being put off, and 
 offers to pay his fare, and is still ejected, may collect damages. 
 
 A ticket bought at a station lor a certain place is a contract that 
 the train next leaving that station stops at that place. This is the 
 reason why a ticket agent will not sell a passenger a ticket if the train 
 does not stop at that station, at which the ticket is wanted, as the 
 company would be liable for damages unless that train stopped 
 there. 
 
 A return ticket purchased at regular rates is good for a continuous 
 trrip each way, until used, no matter how long after date, if you are 
 able to fight the company. 
 
 A return ticket which cannot be used for the return within the 
 time, may be returned to the head office, and the difference between 
 its price and the single fare will be refunded. 
 
 278. TELEOK AFH COMPANIES agree not to divulge the con- 
 tents of any message to any except to the person to whom it is ad- 
 dressed. 
 
 The company does not hold itself responsible for accuracy in 
 transmitting the message unless the sender pays for repeating back 
 the message. The company would then be responsible. 
 
 270. PROMPTNESS. The company is responsible for any loss 
 sustained by an unnecessary delay. 
 
 Never put "in haste" on a telegraph message, for it would only 
 be laughed at by the operators. Never pay anything extra for having 
 a message quickly transmitted, for it does not hasten it any. 
 
 CHAPTER XX. 
 
 HOTEL KEEPERS. 
 
 280. Hotel keepers or other persons engaged in the business of 
 furnishing board and lodging for travellers, and having a license for 
 
281—286 
 
 INSURANCE. 
 
 I?|il: i 
 
 
 . ft 
 
 such purpose, are obliged to accept any person who demands enter* 
 tainmcut, except, 
 
 1. That they have no accommodation, being already full. 
 
 2. That the person is intoxicated or disorderly. 
 
 3. That he has some contagious disease. 
 
 4. That he is a reputed burglar or thief. 
 
 6. That he refuses to pay the fare in advance, if so required. 
 
 281. THE HOST'S LIEN. The proprietor ot any such public 
 house, may retain the property of any guest who does not pay his fare, 
 until the bill is paid. 
 
 282. THE HOST'S LIABILITIES. If the guest has property 
 stolen, the landlord is responsible, whether it is in the care of the 
 landlord or in the guest's room. 
 
 If things of value belonging to the guest are asked by the land- 
 lord to be given in his care, and the guest refuses or neglects, then 
 the landlord is free from liability. 
 
 The landlord is also liable for loss by fire sustained by the guests. 
 
 28;j. BOAlvDINGr HOUSES are not compelled to receive any 
 person, unless they desire to do so; neither are they responsible for 
 loss of property sustained by the boarders, except for gross negligence. 
 
 CHAPTER XXL 
 
 INSURANCE. 
 
 284. There are four general classes of insurance: Fire, Life, 
 Marine and Accident, that will be treated in this work. 
 
 285. FIRE INSURANCE. The princii)le of fire insurance i& 
 indemnity. 
 
 In this case there is the greatest necessity for good faith, and 
 therefore the insured should be very careful to disclose all facts mater- 
 
 j>80 ' CASES THAT DESTROY or void the insurance policy. 
 
 1. If the building being insured is vacant at the time, and the 
 owner does not disclose the fact, the policy is void from its inception. 
 
 If it should become va<>ant afterwards, and the company is not 
 notified, the policy would be vitiated. 
 
 2. If there were an incumbrance on the property, and the owner 
 said there was not, the policy would be void. 
 
 If any were placed on afterwards, the company must be informed. 
 
 3. If the building were closer to other buildings than was stated 
 in the application; or if considerable quantities of coal oil, gun powd«»r 
 or other intlamable material were on the premises, and these facts not 
 disclosed in the application, it would destroy the policy. 
 
INSURANCE. 287—201 
 
 4. Changes on Building. "Where any considerable change is 
 made in the building, that requires the presence of mechanics, the 
 company must be notified before beginning, otherwise, in case of fire, 
 the comi)auy would be free. A mechanic's risk may be secured for a 
 small extra fee. 
 
 5. Change of Ownership. In case of a change of ownership, 
 the name of the new proprietor must be given and accepted, and the 
 old one released. If the company prefers not to take the risk under 
 the new owner, it may cancel the risk by repaying the unearned 
 portion of the premium that had been paid. If the old owner does 
 not want the policy transferred, he may have the unearned premium 
 returned to him. In this case it would not be a proportionate sum to 
 the whole premium, but the company will charge the regular rate for 
 the shorter term and refund the balance. 
 
 6. Two OR More Policies. If property is insured in more than 
 one company, without the coneent of all the companies, no insurance 
 whatever would be paid by any of them in case of fire. 
 
 287. THE INSURANCE AG-ENT is regarded as the agent of 
 the insured, and not that of the company, hence the insured must be 
 very careful what answers are given to the various questions in the 
 application. 
 
 The agent might be honorable, and he might be just the oppo- 
 site. His financial interest is in securing your application. The com- 
 pany will stand rigidly on the printed conditions on the application 
 you have the agent fill out, and may be expected to evade payment of 
 a loss if there is a reasonable chance. 
 
 Therefore, the insured must act in good faith at the beginning and 
 see that all the facts material to the risk are honestly and truly set 
 forth in the applic^ation. 
 
 2«8. CHANGE OF GOODS. If goods are changed from one 
 building to another the consent of the company must be obtained. 
 Then the insurance remains in force in the new building. 
 
 380. THE LOSS for which the company indemnifies is that Avhich 
 actually occurs at the time of the fire, and not tor the amount which 
 was in the building at the time it ^vas insured. 
 
 The onus of proof of what was in the building at the time of fire 
 rests with the insured. 
 
 2m). FLOATING- POLICIES. When "floating" policies are 
 taken out, the amount of insurance paid is the loss at the time of the 
 fire, limited, of course, by the amount of insurance. This policy holds 
 good so long as the quantity is kept up, no matter whether it is the 
 identical goods insured or not. 
 
 201. NOTICE OF FIRE. In case of fire occurring, according to- 
 the rules of most companies notice must be given immediately, but 
 the exact meaning of that term has not yet been decided. Where 
 nothing is said by the company, the statutory condition is one year,. 
 
f 
 
 m 
 
 292—295 
 
 INSURANCE. 
 
 (Ifi 
 
 ■■ ^'ii 
 
 i' i 
 
 !^f 
 
 MU 
 
 
 l< f' ; 
 
 : 
 
 :' ' I.! ' 
 
 biat whatever the compauy's printed coiulitions are ^vi\\ hold if reason- 
 able, lu auv case, the company should be uotilied immediately. 
 
 iiUJ. ADJUSTMENT OF LOSSES. Usually the amount of loss 
 is paid in full to the amount insured. Some companies use what is 
 called an "average clause," by Avhich the company only pays two- 
 thirds the loss, insurers should be careful that they do not take a 
 policy of that form unless the rate of premium is also one-third lower 
 than other companies. 
 
 As soon as the company is notified of the loss it will send au 
 agent or adjuster to inspect the premises and estimate the loss. 
 
 The value of the articles, itemized, has to be verified by allidavit, 
 and a false statement Avould endan^'i'r the claim against the company. 
 
 The company may either rebuild, or repair the articles injured, or 
 2")ay the loss in inoiu>y. 
 
 Policies may be given to various persons, as creditors, bailiffs, 
 warehousemen, etc. 
 
 2JK}. MAEINE INSUllANCE. A marine policy is taken 
 out by the owner or charterer of a vessel when it is ready to start on 
 a voyage. 
 
 Sometimes the insurance is for a certain number of voyages, 
 sometimes for a month, six months or for a year. 
 
 The cargo is necessarily insured just for the voyage. 
 
 In marine insurance there must be a guarantee that the ship is 
 seaworthy; that is, that she is properly equipped and manned, and, 
 also, capable of resisting an ordinary storm on the route ou which 
 she runs. 
 
 A partial crew, or the want of au anchor, would render a vessel 
 unseaworthy. 
 
 The burden of proof of seaworthiness lies with tho party seeking 
 to insure. 
 
 The cargo of a vessel, or her earnings, sometimes called "freight," 
 can also be insured. 
 
 In case of a ship being in distress, and a part or the whole of her 
 cargo having to be thrown overboard, where there is no insurance the 
 loss is divided between the vessel, the cargo and the freight, each 
 bearing its proportionate amount. 
 
 Marine insurance indemnifies for all the various losses which may 
 result from the perilous sea voyages, as well as of lire. These include 
 i?torms, theft, and even piracy and capture in tim(^ of war; also where 
 a portion of the cargo may be thrown overl)oard in time of danger so 
 as to save the remainder. 
 
 294. AMOUNT OF LOSS PAID. All marine policies have the 
 average clause, which leaves them liable to pay the loss only in the 
 l)roportion that the insurance bears to the value of the vessel or cargo 
 insured. A cargo Avorth $12,000.00, insured for .^8.000. 00, in case of 
 joss the company Avould only pay two-thirds of $8,000.00. 
 
 25).!. WHEN AT SEA. A ship may be insured while she is on 
 
INSURANCE. 206—299 
 
 her voyage, and it is not knoAvn whether she is safe or whether lost, 
 Thtj insunince in valid, even though the vessel were lost at the time. 
 Jim. LIFE INSURANCE. The principle of life insurance is 
 investment. There are various forms of companies doing a liie insur- 
 ance business : 
 
 1. The stock companies, such as the Federal Life, the Sun Life, 
 the Canada Life, etc. 
 
 2. The mutual companies. 
 
 ;}. The assessment societies, as the United Workmen, the Chosen 
 Friends, Canadian Home Circle, etc. 
 
 It is not the intention of this work to discuss the merits of the 
 various systems. 
 
 297. WHO MAY INSURE. Any person may insure his own 
 life, and also insure for as large a sum as he can afibrd to pay for, and- 
 in as many I'ompanies as he pleases. 
 
 A husV)and may insure ^he life of his wife or child, or vice versa. 
 
 A creditor may insure the life of a debtor. In the latter case the 
 creditor (,'au only recover to the extent of his debt, the remainder 
 going to the deceased's legal reprenentatives. 
 
 Members of a partnership firm may insure the different partners. 
 
 i»$>8. THE BENEFICIARY. The person to whom the policy is 
 made payable is called the beneficiary. 
 
 1. The insured may make it payable to himself. In this case he 
 may borrow money on it without any other person signing the assign- 
 ment. Also in this case ii is liable to be seized for debt in case of 
 insolvency. 
 
 2. If made payable to a wife or child, or other person, then it can- 
 not be assigned withoiit that person's signature. Such a policy can- 
 not be touched by creditors, except in certain cases, to the extent of 
 premiums paid, in case of the insolvency of the insured. 
 
 3. If the beneficiary is not a natural heir, but some other person, 
 and the insured dies without a will, the money cannot be paid to the 
 beneficiary, unless a creditor, as the laws of heirship will give it to 
 his rightful and legal heirs, notwithstanding the wording of the 
 policy. 
 
 1209. MISREPRESENTATIONS. Certain misrepresentations 
 will void a policy. An untrue statement in regard to the age, or the 
 causes of death of brothers or sisters, parents of grandparents, etc., 
 also are material, and void the policy. For instance, if several mem- 
 bers of the family had died with consumption, or with cancer, etc., 
 and other causes were given, it would void the policy, and even to 
 state an untruth in regard to the insured being married or single, has 
 been held to void the policy. 
 
 Some companies make their policies incoutestible after three years, 
 thus giving their patrons full assurance that after that time no ques- 
 tion will ever come up as to fraud or concealment when being in- 
 sured. Not all companies have reached this point of equity yet, but 
 
m 
 
 !. 
 
 i;. 
 
 fi 
 
 300—307 WILLS. 
 
 Avill likely be driven to it in order to secure pntronagc. This -will 
 end the legalized robbery of the old companies, ■which "will take the 
 insurer's annual premium for years without investig-ating the facts 
 furnished at the time the risk -was taken until death occurs, and then 
 endeavor to evade payment, many times, too, on a mere quibble or an 
 unguarded statement by the person who is then gone and \inable to 
 give testimony. It is an old saying bvit a true one "that corporations 
 have no souls." 
 
 The company's consent should be obtained before travelling out- 
 side the limits mentioned in the policy, or before engaging in any 
 other occupation, as there are dill'erent rates for dilferent risks. 
 
 aoo. NOTICE OF DEATH should be given as soon alter the 
 event occurs as i)ossible. 
 
 301. ACTION TO EECOVEli the insurance money must b<? 
 taken within the time lixed by the policy if the company refuse to 
 settle. 
 
 302. CLASSES OF POLICIES. There are three general classes 
 of policies,'Endowment, Lii'e and Wager Policies. 
 
 303. SUICIDES. Persons who in their right minds commit 
 suicide vitiate the-.r policies. Persons who while temporary or per- 
 manentlylinsane destroy their own lives do not aflect their policies. 
 
 »04 ACCIDENT INSUKANCE POLICIES are those which 
 provide indemnity in case of accid(>nt, paying so much per week for a 
 certain number oi weeks if disabled, or the whole policy iji case of 
 death through ac(>iclent. Death occurring through sickness would 
 not draw the insurance. 
 
 CHAPTER XXIl. 
 
 WILLS. 
 
 305, A WILL is a w^'itten instrument left by a person in which 
 he gives direc^tious for the disposal of his ]>roperty alter his death. A 
 person, to make a valid will, must be of the age of twenty-one years, 
 of sound mind and free irom constraint or any undue inlluence. The 
 lawyer's toast, "here's to the man who writes his own will," should 
 not be forgotten by laymen. Not everybody is fit to write a will. A 
 ■will should not be the last act of a man's life. No Avonder that so 
 many of them are broken in the courts; dictated under intense excite- 
 ment, drawn in haste, they do not represent the deliberate judgment 
 of the testator nor meet the requirements of natural justice. 
 
 30e. TESTATOR is the name given to the party who makes 
 the will, ^not the one who writes it, but the one who is disposing of 
 his property. 
 
 307. EXECUTOR is the person named in the will as the one 
 
 
AVILLS. 308—315 
 
 who is to carry out itH provisions and look alter the property until its 
 distribution anioni? tlio lu-irs. 
 
 :508. INTESTATE is a porson who dies without making a will. 
 
 ;iOJ). lIlillK OR LEGATEE is the one who receives property 
 under the Avill. 
 
 «IO ADMINISTRATOR is the one appointed by the Surrogate 
 Court to settle the ail'airs of the estate of a person who dies without 
 making a will. 
 
 311. WHO MAY DRAW A WILL. The testator may Avrite his 
 own will if he desires to do so, and every man should be able to 
 write his will. Any other person who can write clearly the desires 
 of the testator, but j^rudence would dictate that none but a por.son of 
 experience and ability should be entrusted with so important a 
 matter. 
 
 312. REQUISITES TO BE OBSERVED. It should contain: 
 
 1. The name in full of the testator, his address and calling. 
 
 2. That this is his last will and testament. 
 
 3. That it revokes all former wills and bequests. 
 
 4. How debts and expenses are to be provided for. 
 
 5. A clear and definite statement of how the property is to be 
 divided, and the particulars of every bequest. 
 
 (i. It should give the names in full of all the heirs. 
 *7. Executors should be appointed who have been previously con- 
 sulted. 
 
 8. It should be properly dated and witnessed by two persons not 
 interested. 
 
 9. The testator should sign in the presence of the witnesses. 
 
 10. The wihiesses should sign in the presence of each other, as 
 well as that of the testator. 
 
 11. The witnesses may be minors if old enough to understand 
 what they are doing. A witness might be an executor. 
 
 313. RROYING OF A WILL. After the decease of the testa- ^ , 
 tor, as soon as convenient or becoming, the will should be read in the ^■. 
 presence of the parties interested, and then proved in the Surrogate 
 Court. None but a lawyer can prove a will. 
 
 314. CHANGING- OF WILLS. Where a person makes a will; 
 and then living several years longer, it often becomes necessary to 
 make a new will on account of the many changes ha\ ing taken place, 
 in which case it is better to burn the old one. 
 
 A will IS revoked by the testator afterwards marrying. He may 
 confirm the the former will afterwards, and thus make it legal, the 
 confirmation being signed and witnessed. It is safer, however, to 
 make a new will. 
 
 315. CODICIL. When only a few minor changes might be de- 
 sired to be made in a will, sometimes, instead of making a new will, 
 it IS as well simply make a codicil to the will. Such codicil should 
 set forth clearly : 
 
w^ 
 
 816—818 WILLS. 
 
 1. That it is a codicil, aud describe accurately the will it be- 
 longs to. 
 
 2. It should be signed and witnessed the same as a will, but 
 using the word "codicil" in place where "will" is used. 
 
 8. If it gives a legacy to one who already had a bequest, it should 
 state whether this is a second bequest or merely a couhrraation of the 
 one already given. 
 
 4. If advances have been made during lifetime to a child on ac- 
 count of legacy, such amount should be noted iu the codicil. 
 
 5. If there has been a change in the property, either by the ac- 
 quisition of more or the disposal of any part of the former, the codicil 
 should regulate the bequests accordingly. 
 
 6. It should also confirm the parts of the will it does not change. 
 31«. CHARITABLE BEQUESTS. According to the statutes of 
 
 Ontario, any charitable bequests for churches, educational institutions, 
 etc., if not made at least six months before the decease of the testator, 
 may be set aside by the courts. 
 
 317. PREVENTING- LITIGATION. Sometimes in making a 
 will the testator adds a clause that in the event of any person com- 
 luenciug proceedings to break the will, such person shall not receive 
 any portion whatever, even though they had been mentioned iu the 
 will to receive a lejjacy. 
 
 318. SUNDRY. A legacy to a friend, who dies before the tes- 
 tator, lapses. 
 
 A legacy to the testator's child, who may have children, will go 
 to those children if the legatee should die before the testator. 
 
 Soldiers in service may dispose of their effects by simply signing 
 a written statement of how they wish their property to be disposed of. 
 
 Sailors at sea may also in the same way, without any of the for- 
 malities of a will, bequeath their effects as they wish. 
 
 An executor may enter at once upon the work of carrying out the 
 provisions of the will, as soon as it has been publicly read, before 
 being proved. 
 
 It was formerly the rule that if a debtor were appointed execu- 
 tor, his debt was forgiven, but this is no longer the case. 
 
 An executor who is believed by the heirs to be acting unwisely 
 or unjustly, may be compelled to show his books before the County 
 Judge by any of the heirs who is tAventy-oue years of age. 
 
 An executor that is found to be wasting the estate or committing 
 acts ot injustice against the heirs, may be removed by proceeding in 
 the Surrogate Court. 
 
 An administrator is on* appointed by the Surrogate Court where 
 no will is left by the deceased. 
 
 An administrator may apply for authority to act in that capacity 
 lourteen days after the death of the owner of the estates, and settle- 
 ment must be made within one year or the administrator becomes 
 personally liable for any loss that may occur. 
 
 IE 
 
SUNDRY IMPORTANT ITEMS. 819 
 
 Where the wife administers on her deceased husband's estate, she 
 cannot bo compelled to do so under one year 
 
 "Where a man, unmarried, dies without leaviuj^ a will, the lather^ 
 or mother, if living, and if they be dead the eldest brother, is entitled 
 to administer. 
 
 A person administering must first obtain the consent of all the 
 heirs; that is, if he be not the iather, wife, brother, sister or child of 
 deceased. 
 
 CHAPTER XXIII. 
 
 SUNDRY IMPORTANT ITEMS. 
 
 319, Bargains without a "consideration" are void. 
 
 A note or any contract made on Sunday is void. 
 
 A minor is liable for the debts he may contract for necessaries. 
 
 If advantage be taken of a person while in a state of intoxication 
 the contract may be set aside. 
 
 A tenant cannot sub-let the premises if the landlord objects. 
 
 A promise to answer for the debt or default of another is worth- 
 less unless put in writing. 
 
 One person or vehicle meeting another on the highway must turn 
 to the right or be liable for damages. 
 
 Pedestrians have the "right of way" on public streets, and if 
 drivers of vehicles run them down or do them injury by colliding 
 with them they are liable to fine and also for damages. 
 
 It is not necessary to put the words "value received" in a note^ 
 but they are usually inserted. 
 
 After a note has been made to interline it relieves both maker 
 and endorser. 
 
 An endorser on a note is free if it has not been legally presented 
 for payment. 
 
 No person but a lawyer can now "prove" a will. 
 
 An involveut person may sell his property to pay what debts he 
 can any time before being declared insolvent, but ho cannot sell by- 
 Bill of Sale on the eve of insolvency. 
 
 The sale or transfer of personal property by an insolvent debtor 
 within sixty days before making an assignment, either through force 
 or voluntarily, may be set aside by an action brought for that 
 purpose. 
 
 lieal estate being simply taken possession ol, without foreclosure 
 of a mortgage, may be redeemed within twenty years by pro- 
 curing an order from the Court of Chancery. If the property were 
 sold under the mortgage, it could not thus be redeemed, hence mort- 
 gagees nearly always sell the property so as to procure a good title. 
 

 
 IMAGE EVALUATION 
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 S20— 322 SUNDRY IMPORTANT ITEMS, 
 
 By au Act passed in the last session of the Ontario Legislature, boys 
 under eighteen years of age are not allowed to use or keep in their 
 possession any tobacco, and persons proved guilty of selling or giving 
 it to them are liable to damages. 
 
 The finder of negotiable paper, money or other property is required 
 to make reasonable efforts to find the owner before he is entitled to 
 appropriate it for himself. If he conceals it he is liable to a charge 
 for larceny or theft. 
 
 Wages of workmen cannot be garnished unless the amount of 
 wages due exceeds $25 and then only the part over the $25 can be 
 touched, unless the debt is for board and lodging and in the opinion 
 of the Judge the exemption of $25 is not necessary to the support and 
 maintaiuance of the debtor's family. 
 
 A debtor leaving Canada, and going into the United States, may 
 be followed and suit brought in the American court. The Canadian 
 law prevails in the case, but the ''homestead exemptions" over there 
 are so numerous that in the majority of cases nothing could be re- 
 <;overed. 
 
 32(K JURISDICTION OF CANADIAN L.OURTS. There are 
 three classes of persons over whom the courts here have jurisdiction: 
 (1). In case of residence, the person living here. (2). In case the con- 
 tract was made here, although the work was to be performed in an- 
 other country. (3). If the person has property here, although his 
 residence might be in another country. 
 
 JWl, LANDLORD'S COMPULSORY REPAIRS. Unless the 
 lease expressly states the contrary, the landlord is required by law to 
 keep in proper repair the roof, locks and doors of the building he 
 leases. 
 
 322. WITHOUT PREJUDICE. The two words "without pre- 
 judice" have great importance when used in a legal sense. This use can 
 be best shown by an illustration, viz.: Two persons are at variance 
 and likely to be drawn into court, but the one desires an amicable 
 settlement and is willing to make any reasonable i oncession to effect 
 it. He, therefore, takes these two words, loithoul prejudice, and writes 
 them across the upper left hand corner of his letter, or in the body of 
 the letter, and then makes his proposition, whatever it may be. The 
 effect of those words is, that if the other party should not accept the 
 proposition and terms thus offered, but the case goes to suit, this let- 
 ter cannot be used in court as evidence against the writer. Hence by 
 using these words in that way a person who wishes to avoid litiga- 
 j tion may safely make advances to secure a peaceful settlement, and 
 
 if not successful his case is not jeopardized. A convenient form at 
 the beginning of the letter would be similar to the following: 
 
 Dear Sir : " Without pre/udire " / hereby make you the J allowing prO' 
 position, etc. 
 
 Also a debtor who may be taking the benefit of the Statutes of 
 
 11 ' '' :■' *" - • 
 
 111 
 
 h' 
 
 W 
 
 \i 
 
SUNDRY IMPORTANT ITEMS. 
 
 328— 32t> 
 
 Limitations may, by using these words, frankly acknowledge the just? 
 ice of the claim against him and assure his creditor that he wiP stil 
 pay him, without reviving the legal liability. 
 
 323. REPLEVIN. A person whose goods, chattels or personal 
 property of any description, or land, have been wrongfully detained, 
 or where the original coming into possession of such property has 
 been rightful, but have been wrongfully detained, may obtain a 
 Judge's order for a Writ of Replevin. In case where the claimant 
 can show that the delay in waiting for a Judge's order would mater- 
 ially prejudice his rights to such property, a Writ of Replevin may 
 issue without a Judge's order. In such case the Sheriff would take 
 and detain the property until a Judge's order or rule of the Court is 
 obtained. 
 
 Before the Sheriff acts upon a Writ of Replevin the claimant is 
 required to give him a bond to treble the amount of the property that 
 he will prosecute the suit without delay, or make return of the prop- 
 erty if a return is adjudged, and pay such damages to the defendant 
 as he may have sustained through the proceedings. If the value of 
 the goods for which the Writ of Replevin is obtained does not exceed 
 $60, the writ may issue from the Division Court, if over $60 and up 
 to $200, the writ may issue from the County Court. 
 
 A copy of the writ is not served on the defendant until after the 
 property has been replevied or as much of it as is possible. 
 
 324. LAWS OF HEIRSHIP. The children are the legal heirs to 
 their parents. For an unmarried man or woman the parents are first 
 heirs ; if parents are dead, then the brothers and sisters come next. 
 
 The husband dying intestate having children, one-third the prop- 
 erty goes to the wife if living, and remainder to the children. If there 
 are no children, then one-half goes to the wife, and the remainder 
 goes to the husband's parents, or brothers and sisters if parents are 
 deceased. A wife dying intestate her separate property is subjectto 
 tne same law as that here given for the husband. 
 
 325. FALSE PEDIGREE. Any person who wilfully signs any 
 false pedigree intended for registration in any herd, Hock or stud 
 book, or who presents to the secretary or other official having charge 
 of the register for the purpose of having the same entered therein any 
 false or spurious pedigree, knowing the same to be false and spurious, 
 may, any time within two years from the commission of the offence, 
 be brought before a Justice and if convicted be liable to a penalty of 
 not more than $100 nor less than $25, together with costs for each 
 pedigree so signed or registered. 
 
 326. DAMAGES TO PRIVATE PROPERTY. Where persons 
 sustain injuries on defective sidewalks or highway, an action for 
 damages must be commenced within 3 mouths from the date when 
 the alledged damages were sustained or became known to the 
 claimant. 
 
I* ■ 
 
 327—328 EXTRADITION. 
 
 327. LIQUOR TO MINORS. The penalty for any licensed 
 person who ajlows to be supplied in his premises by sale or other- 
 wise, liquor to a miuor alter proper notice is liable to a line of not less 
 than 1 10, nor more than $20, besides costs for every such offence. 
 The person who actually gives the liquor is liable to a similar penalty. 
 
 CHAPTER XXIV. 
 
 EXTRADITION. 
 
 328. EXTRADITION. The following are the cases for which 
 a person may be extradited from the United States to Canada, or vice 
 versa : 
 
 1. Murder, or attempt or conspiracy to murder. 
 
 2. Manslaughter. 
 
 3. Counterfeiting or altering money, and uttering counterfeited 
 or altered money. 
 
 4. Forgery, counterfeiting or altering, or uttering what is forged, 
 counterfeited or altered. 
 
 5. Larceny. 
 
 6. Embezzlement. 
 
 7. Obtaining money or goods, or valuable securities,, by talse 
 pretences. 
 
 8. Crimes against bankruptcy or insolvency law. 
 
 9. Fraud by a bailee, banker, agent, factor, trustee, or by a direct- 
 or, member or officer of any company, which fraud is made criminal 
 by any act for the time being in force. 
 
 10. Rape. 
 
 11. Abduction. 
 
 12. Child stealing. 
 
 13. Kidnapping. 
 
 14. False imprisonment. 
 
 15. Burglary, house-breaking or shop-breaking. 
 16 ^irson. 
 
 1*7. Robbery. 
 
 18. Threats, by letter or otherwise, with intent to extort. 
 
 19. Perjury or subornation of perjury. 
 
 20. Piracy by municipal law or law of nations, committed on 
 board or against a vessel of a foreign state. 
 
 21. Criminal scuttling or destroying such a vessel at sea, whether 
 on the high sea or on the G reat Lakes of North America, or attempt- 
 ing to do so. 
 
 22. Assault on board such vessel at sea, whether on the high seae 
 
aUARDINa AUAINHT FRAUD. 
 
 329 
 
 or on the great lakes of North America, with iutent to destroy life or 
 to do grevious bodily harm, 
 
 28. Revolt, or conspiracy to revolt by two or more persons on 
 board such a vessel at sea, whether on the high seas or on the great 
 lakes of North America, against the authority of the master. 
 
 24. Any oiFence under either of the following acts, and not in- 
 cluded in any foregoing portion of this schedule : 
 
 a. "An Act respecting offences against the person." 
 
 b. " The larceny Act." 
 
 c. "An Act respecting forgery." 
 
 d. "An Act respecting offences relating to the coin." 
 
 3. "An A t respecting malicious injuries to property." 
 
 25. Any offence which is, in the case of the principal offender, 
 included in any foregoing portion of this schedule, and for which the 
 fugitive criminal, though not the principal, is liable to be tried or 
 punished as if he were the principal. 40. V. C. 25, 2nd sched. part. 
 
 CHAPTER XXV. 
 
 GUARDING AGAINST FRAUD, 
 
 329. The itinerant swindler is always operating somewhere, in 
 some line. Every class in the community has this enemy to watch 
 against. 
 
 The following suggestions may be of service to farmers in guard- 
 ing against the plots of their enemy in this line: 
 
 1. Never give money or a note, except it be to a well known firm, 
 until the article purchased is in your possession and found to be ac- 
 cording to agreement. 
 
 2. An article or a machine having been ordered, which, upon 
 arrival at the freight or express office, is found to be not according to 
 agreement, should not be received. 
 
 Although your order may be combined with an agreement as to 
 the terms of payment, it will not bind you until you have received the 
 goods. Of course, if the article is according to contract, it must be 
 received if delivered at the place and time agreed upou; but if not 
 according to contract, the article should lue refused, and payment 
 therefor cannot be enforced. 
 
 3. Always take a copy of every agreement that is made in 'vrit- 
 ing, or any order given for machinery, goods, etc. The laiv does not 
 compel an agt ut to give a copy of the orders he takes, but i/ou can 
 refuse to give ^ e order. The agent should sign the company's name, 
 together with his own, to the copy you retain, which should also b ' 
 marked "copy." 
 
320 
 
 GUARDING AGAINST FRAUD. 
 
 1 1 
 
 4. Goods purchased when a lien is retained ou them, the hiAV re- 
 quires that a copy of the lien be left with the purchaser. 
 
 6. In dealing with an agent, or any other person where a written 
 contract, agreement or order is made, be assured of this, that nothing 
 but the written document will be considered in court. No matter what 
 else the other party promises in addition by word of mouth, or even 
 in writing if on a separate paper or not referred to specially in the 
 contract as a part of the contract it is utterly worthless. 
 
 6. In dealing with a strange agent, or the agent of a strange firm, 
 never sign any lengthy doc^iment purporting to be an order or agree- 
 ment, as such documents have been a fruitful source of fraud. 
 
 If an occasion should ocimr when it -would seem desirable to en- 
 ter into an agreement requiring such an instrument, it should not be 
 signed except in the presence and under the advice of a lawyer. 
 
 7. If for any purpose it is necessary to give a promissory note to 
 a stranger for any new kind of machinery or other property, it is not 
 safe to use one ot their printed lorms unless it is a plain note without 
 any clauses or words being added. It is better to use one of your 
 own blanks, or write out a note from plain w^riting paper making the 
 note payable to the person only, without either hearer or order being 
 inserted. Then it is not negotiable and if there prove to be fraud or 
 misrepresentation in connection with the transaction the note cannot 
 be collected. And if the party will not accept such a note it is suffix 
 ient evidence that there is something wrong. 
 
 8. Don't sign agency papers for anything unless with a well 
 Known firm. 
 
 \''V 
 
LEGAL AND BUSINESS FORMS. 
 
 aso STATUTORY DEFD— 
 
 This Indenture made (in dup)i"ate) the first day of April, in 
 the year of our Lord one thousand eight hundred and ninety-two, IN 
 PURSUANCE OF THE ACT RESPECTING SHORT FORMS OF CONVEYANCES. 
 
 Between James Smith of the Township of Stamford, County of 
 Welland, and Province of Ontario, merchant, of the first part, and 
 
 Mary Jane Smith, wife of the party of the first part, of the second 
 part, and Walter Winters of the Township of Stamford, County of 
 Welland and province aforesaid, yeoman, ot the third part. 
 
 Witnesseth that in consideration of three thousand dollars ($3000) 
 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 ac- 
 knowledged,, he, the said party of the first part, doth grant unto the 
 said party of the third part, in simple fee 
 
 All AND SINGULAR that certain parcel or tract of land and premises 
 situate, lying and being in the Township of Stamford, County of 
 Welland, and Province of Ontario, containing by admeasurement one 
 hundred acres, be the same more or less, being composed of the South 
 part of lot Number 19, in the *7th Concession of the Township of 
 Stamford aforesaid. 
 
 ' 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, 
 SUB.TECT nevertheless, to the reservations, limitations, provisos and 
 conditions expressed in the original grant made thereof from the 
 Crown. 
 
 (Note: The Jive foUoioing items are the covenants, that make a war- 
 ranty deed of th's.) 
 
 The said party of the first part covenants with the said party 
 of the third part, that he has the right to i-onvey the said lands to the 
 said party of the third part, notwithstanding any act of the said party 
 of the first part. 
 
 And that the said party of the third part shall have quiet posses- 
 sion of the said lands, free from all incumbrances. 
 
 And the said party of the first part, covenants with the said 
 party of the third part, that he will execute such further assurances 
 of the said land as may be requisite. 
 
 And the said party of the first part COVENANTS with the said party 
 of the third part, that he 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. 
 
il- 
 
 i I 
 
 li! 
 
 iil! 
 
 P 
 
 ill 
 
 331 LECIAT. AND BUSINESS FORMS. 
 
 And Mary Jane Smith, the party of the second part, hereby })ars 
 her dower in the said lands. 
 
 In Witness Whereof the said parties have hereunto set their 
 hands and seals. 
 
 Signed, Sealed and Delivered ) James Smith. [L. S.] 
 
 in presence of > 
 
 Charles Summers. ) Mary Jane Smith. [L. S.] 
 
 County of "Welland : ) I, Charles Summers of the Township of 
 
 [ Stamford, County of Welland and Province 
 TO WIT : ) of Ontario, gentleman, make oath and say : 
 
 1. That I was personally present and did see the within instru- 
 ment and duplicate thereof duly signed, sealed and executed by James 
 Smith and Mary Jane Smith, two of the parties thereto. 
 
 2. That the said Instrument and Duplicate were executed in the 
 Township of Stamford. 
 
 3. That I know the said parties. 
 
 4. That I am a subscribing witness to the said Instrument and 
 Duplicate, 
 
 Sworn before me in Stamford, ) 
 in County of Welland, this fourth > Charles Summers. 
 
 day of April, A. D. 1892. ) 
 
 John H. Williams, 
 
 A CommusUmer for taking affidavits in Co. of Welland. 
 
 831. FORM OF QUIT CLAIM DEED— 
 
 This Indenture, ir ude in duplicate, the first day of April, in the 
 j-^ear of our Lord, one thousand eight hundred and ninet5''-two. 
 
 Between James Smith of the Township of Stamford, County of 
 Welland, Province of Ontario, merchant, of the first part, and Mary 
 Jane Smith, wife of the party of the first part, of the second part, and 
 Walter Winters of the Township of Stamford, County of Welland, 
 Province aforesaid, yeoman, of the third part. 
 
 Witnesseth that the said party of the first part, for and in consid- 
 eration of the sum of three thousand dollars (|3000) of lawful money 
 of Canada, to him in hand paid by the said party of the third part, at 
 or before the sealing and delivery of these pre**ents (the receipt whereof 
 is hereby acknowledged). Ha.s G-RANTED, released, and quitted claim, 
 and by these presents DOTH GRANT, release and quit claim unto 
 the said party of the third part, his heirs and assigns all estate, 
 right, title, interest, claim and demand whatsoever, both at law and 
 in equity or otherwise howsoever, and whether i:i posession or ex 
 pectancy of him the said party of the first part, of, in, to or out of 
 
 All and Singular that certain parcel or tract of land premises 
 situate, lying and being in the Township of Stamford, in the County 
 Welland, Province of Ontario, containing by admeasurement one hun- 
 dred acres, be the same more or less, being composed of the south part 
 
LEGAL AND BUSINKSS F0UM8. 382 
 
 of Lot No. 19, in the 7th Concession, in the Township of Stamford 
 aforesaid. 
 
 To Have and to Hold the aforesaid land and premises, with all 
 and singular the appurtances thereto belonging and appertaining 
 unto and to the use of the said party of the third part, his heirs and 
 assigns forever. 
 
 Subject Nevertheless, to the reservations, limitations, provisos 
 and constitutions expressed in the original grant thereof from the 
 Orown. 
 
 And Mary Jane Smith, the said party of the second 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 ) .Fames Smith, [L. S.] 
 
 in presence of > 
 
 Charles Su aimers, ) Mary Jane Smith, [L. S.] 
 
 Received on the day of the date of this indenture, the sum of 
 Three Thousand Dollars (13.000). 
 Witness : ) 
 
 Charles Summers. \ James Smith. 
 
 Affidavit of witness to the execution. 
 
 County of Welland ) I, Charles Summers, of the Township of 
 
 [ Stamford, County of Welland, Province of 
 to wit : ) Ontario, Gentleman, make oath and say ; 
 
 1. That I was personally present, and did me the within Instru- 
 ment and the Duplicate thereof duly Signed, Sealed and Delivered by 
 James Smith and Mary Jane Smith, two of the parties thereto. 
 
 2. That the said Instrument and Duplicate were executed in the 
 Township of Stainford. 
 
 3. That I personally know the said parties. 
 
 4. That I am a subscribing witness to said Instrument and 
 Diiplicate. 
 
 Sworn before me in Stamford, County of) 
 Welland, Province of Ontario, this fourth > Charles Summers. 
 day of April. A. D. 1892. ) 
 
 John H. Williams, a commissioner for taking- affidavits. 
 
 332. FORM of chattel MORTGAGE— 
 
 This Indenture made (in duplicate) this fourth day of January, one thousand eight 
 hundred and ninety-two. 
 
 Between James Smith of the Township of Stamford, County of Welland, Province 
 of Ontario, merchant, of the first part, hereinafter called the Mortgagor, and Walter Winters 
 of the Township of Stamford, in the County of Welland, Province of Ontario, yeoman, here- 
 inafter called the Mortgagee, of the second part, 
 
 WITNESSETH that the Mortgagor for and in consideration of Five Hundred Dollars 
 of lawful money of Canada to him in hand well and truly paid by the Mongag e at or before 
 the sealing tnd delivery of these Presents (the receipt whereof is hereby acknowledged) Hath 
 granted, bargained, sold and assigned, and by these presents doth grant, bargain, aett and 
 assign unto the Mortgagee, his executors, administrators and assigns. All and Sin3Ular the 
 
832 
 
 LEGAL AND BUSINESS FORMS. 
 
 It i 
 
 
 n 
 
 I 
 
 Koods, chattels, furniture and household stuff hereinafter particularly mentioned and described: 
 
 One matched bay team, black mane and tail, five years old, fourteen hands high. 
 
 One democrat wagon, painted black, green striped, manufactured by Augustine & 
 Kilmer of Humberstone. 
 
 One set double carriage harness, black leather and silver mounted, in good condition. 
 
 And one Little Massy-Harris self binder, manufactured by the Massy-Harris Com- 
 pany, Toronto, 
 
 All of which saiti goods and chattels are now lying and being on the premises situ- 
 ated in the Township of Stamford, Lot No. 19, in the Seventh Concession in the Township 
 aforesaid, and being in possession of the said Jameu Smith, the party of the first part, 
 
 To HAVE AM) TO HOLD all and singular the said goods and chattels, live stock and 
 farming implements unto the Mortgagee, his executors, administrators and assigns, to the 
 ONLY PROPER USE ANB BEHOOF of the Mortgagee, his executors, administrators and assigns 
 FOR EVER. 
 
 Provided always, and these present are upon this express condition that if the 
 Mortgagor, his executors, administrators do and shall well and truly pay, or cause to be paid, 
 unto the Mortgagee, his executors, administrators and assigns, the full sum of I'ive Hundred 
 Dollars, with interest f"r the same at the rate of seven per ce;it per annum, on the fourth day 
 of March, 1893. 
 
 Then these presents, and every matter and thing herein contained, shall cease, 
 determine, and be utterly void to all intents and purposes, anything herein contained to the 
 contrary thereof in any wise notwithstanding. 
 
 And the Mortgagor, for himself, his executors and administrators, shall and will war- 
 rant and forever defend by these presents all and singular the said goods, chattels and 
 property unto the Mortgagee, executors, administrators and assigns against him, the Mort- 
 gagor, his executors, administrators aud assigns, and against all and every other person or 
 persons whomsoever. 
 
 And the Mortgagor doth hereby for himself, his executors and administrators, COV- 
 ENANT, PROMISE and AGREE to and with the Mortgagor, his executors, administrators 
 and assigns that the Mortgagor, his executors or administrators; or some or one of them, shall 
 and will well and truly pay, or cause to bd paid, unto the Mortgagee, his executors, adminis- 
 trators or assigns, the said sum of money in the said proviso mentioned, with interest for the 
 same as aforesaid, on the day and time, and in the manner above limited for the payment 
 thereof: And also in case default shall be made in the payment of the said sum of 
 money in the said proviso mentioned, or of the interest thereon, or any part thereof; or in case 
 the Mortgagor shall attempt to sell or dispose of or in any way part with the possession 
 of said goods and chattels or any of them, or tj remove the same or any part thereof out of 
 the County of Welland, or suffer or permit tho same to be seized or taken in execution with- 
 out the consent of the Mortgagee, his executors, administratorsor assigns to such sale, removal 
 or disposal thereof, first had and obtained in writing, then and in such case it shall a''id may 
 be lawful for the Mortgagee, his executors, administrators or assigns, with his or their ser- 
 vant or servants, and with such other assistant or assistants as he or they may require at any 
 time dur'ng the day to enter into or upon any lands, tenements, houses and premises where- 
 soever and whatsoever where the said goods and chattels or any part thereof may be, and for 
 such persons to break and force open any doors, locks, bars, bolts, fastenings, hinges, gates, 
 fences, houses, buildings, enclosures and places for the purpose of taking possession of and 
 removing the goods and chattels. And upon and from and after the taking possession of such 
 goods and chattels as aforesaid, it shall and may be lawful, and the Mortgagee, his executors, 
 administrators and assigns, and each or any of them, is, and are hereby authorized and em- 
 powered, to sell the said goods and chatties, or any of them or any part thereof, at public auc- 
 tion or private sale, as to them or any of them may seem meet. And from and out of the pro- 
 ceeds of such sale in the first place to pay and reimburse himself or themselves all such sums 
 and sum of money for principal, interest, insurance and expenses as may then be due by these 
 presents, and all such expenses as may have been incurred by the Mortgagee, his execu'ors, 
 administrators or assigns in consequence of the default, neglect or failure of the Mortgagor, 
 bis executors, administrators or assigns in payment of the said sum of money, with interest 
 thereon as above mentioned, or in consequence such sale or removal as above mentioned, and 
 in the next place to pay unto the Mortgagor, his executors, ad.ninistrators and assigns all 
 such surplus as may remain after such sale and after payment of such sum or sums of money 
 and interest tnereon as may be due by virtue of these Presents at the time of such seizure and 
 after payment of the costs, charges and expenses incurred by such seizure and sale as 
 aforesaid. 
 
 Pkovided always, nevertheless, that it shall not be incumbent on the Mortgagee,, 
 his executors, administrators and assigns to sell and dispose of the said goods and chattels. 
 
332 
 
 LEGAL AND BUSINESS FORMS. 
 
 but that in case of default of payment of the said sum of money, with interest thereon as 
 aforesaid, it shall and may be lawful for the Mortgagee, his executors, administrators or as- 
 signs peacefully and quietly to have, hold, use, occupy possess and enjoy the sail -^ooda and 
 chattels without the let, molestation, eviction, hindrance or interruption of h he Mort- 
 gagor, his executors, administrators or assigns, or any of them, or any other pi i or per- 
 sons whomsoever. \nd the Mortgagor doth hereby further COVENANT, PI !SE and 
 AGREE to and wim the Mortgagee, his executors, administrators and assigns t in case 
 the sum of money realized under such sale as above mentioned shall not be suffit to pay 
 the whole amount due at the time of such sale, that the Mortgagor, his executors a admir 
 istrators shall and will forthwith pay, or cause to be paid, unto the Mortgagee, his exjcutors, 
 administrators and assigns all such sum or sums of money, with interest thereon as may then 
 be remaining due. 
 
 And the Mortgagor doth put the Mortgagee in the full possession of said goods and 
 chattels by delivering to him the Moitgagee this Indenture of Mortgage in the name of all the 
 said goods and chattels at the sealing and delivery hereof. 
 
 And the Mortgagor COVENANTS with the Mortgagee that he will, during the con- 
 tinuance of this mortgage, and any or every renewal thereof, INSURE THE CHATTELS 
 hereinafter mentioned against loss or damage by fire in some insurance office (authorized to 
 transact business in Canada) in the sum of not less than Five Hundred Dollars, and will pay 
 rvll premiums and moneys necessary for that purpose as the same becomes due, and will, on 
 demand, assign and deliver over to the said Mortgagee, his executors and administrators the 
 policy or policies of insurance and receipts thereof appertaining. Provided that if on default 
 of payment of said premium or sums of money by the Mortgagor, the; MortRaRee, his executors 
 or administrators may pay the same, and such sums of money shall be added to the debt here- 
 by secured (and shall bear interest at the same rate from the day of such payment), and shall 
 be repayable with the principal sum hereby secured. 
 
 In witness whereof the parties to these presents have hereunto set their hand 
 and seals, 
 
 Signed, Sealed and Delivered 
 
 In the presence of 
 
 Charles Summer. 
 
 James Smith, (L. S.) 
 
 Walter Winters. (L. S.) 
 
 I I, Walter Winters of the Township of Stamford, County of 
 [ Welland, yeoman, the Mortgagee in the foregoing Bill of Sale, 
 
 Affidavit of Mortgagee- 
 
 PROVINCE OF ONTARIO: 
 
 County of Welland, 
 
 to wit. ) by way of Mortgage named, make oath and say: " That Tames 
 
 Smith, the mortgagor in the foregoing Bill of Sale by way mortgage named is justly and truly 
 indebted to me this deponent. Walter Winters, the mortgagee therein named in the sum of 
 five hundred dollars mentioned therein. That the said Bill ot Sale by way of mortgage was 
 executed in good faith and for the express purpose of securing the payment of the money so 
 justly due or accruing 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 
 James Smith th^ mortgagor from obtaining payment of any action against Him. 
 
 Sworn before me at Welland, 
 in the County of Welland, this ■ Walter Winters. 
 
 4th day of January. 1892. ) 
 
 James Brown, a commissioner for taking affidavits in H. C. y, 
 
 Affidavit of witness — 
 PROVINCE OF ONTARIO: | I. Charles Summers of the Township of Stamford, County 
 County of Welland, i-of Welland, mechanic, make oath and say: That I was per- 
 
 to wit: j sonally present, and did see the within Bill of Sale by way 
 
 mortgage duly signed, sealed and delivered by James Smith and Walter Winters, »' ^arties 
 thereto, and that the name Charles Summers set and subscribed as a witness to th^ -ution 
 thereof, is of the proper han'' "riting of me, this deponent, and that the same was ex<, ited at 
 the Town of Welland, in the said County of Welland. 
 
 Sworn before me at Welland, in thej 
 County of Welland, this 4th day ofj- Charles Summers. 
 
 January, in the yci-r of our Lord, 1892. ) 
 
 James Brown, a commissioner for taking affidavits in H. C. y. 
 
 Recived on the day of the date of this Indenture from the mortgagee the sum of five hun- 
 dred dollars mentioned. 
 
 Witness, ) 
 
 Charles Summers. [ 
 
 James Smith. 
 
LEGAL AND BUSINESS FOKMS. 
 
 <• •} o 
 
 .00 
 
 u 
 
 I: 
 
 833. FORM OF DISCHARGE OF CHATTEL MORTGAGE- 
 DOMINION OF CANADA. 
 
 To the Clerk of the County Court of the County of Welland, I, Waher Winters, of 
 Ihe Township of Stamford, County of Welland, yeoman, do certify that James Smith of the 
 Township of Staniiord, County of Welland, Province of Ontario, hath satisfied all money due 
 on or to grow due on a certain Chattel Mortgage made by James Smith, aforesaid, to Walter 
 Winters of the Township of Stamford aforesaid, which mortgage bears date the fourth day of 
 January, A. D. 1892, and was registered in the office of the Clerk of the County Court of the 
 County of Welland on the fifth day of January, A. D. 1892, as No. 4287. 
 
 That such Chattel Mortgage has not been assigned, and that I am the person entitled 
 by Jaw to receive the money, and that such mortgage is therefore discharged. 
 Witness my hand this fifteenth day of December, A. D. 1892, 
 
 Witness, 
 
 Charle!. Summers, 
 Stamford, residence. 
 
 Student, viccupation. 
 
 Walter Winters. 
 
 I, Charles Summers, of the Township of Stamford, County of 
 Welland, student, make oath and say; 
 
 ONTARIO: 
 County of Welland. 
 TO wit: j 
 
 1. That I was personally present and did see the within Certificate of Discharge of 
 Chattel Mortgage duly signed, sealed and executed by Walter Winteis, one of the parties 
 thereto. 
 
 2. That the said certificate was issued at the Township of Stamford. 
 
 3. That I know the said parties. 
 
 4. That I am a subscribing witness to the said certificate. 
 Sworn before me at Welland, in the County ^ 
 
 of Welland, this fifteenth day of December, in V Charles Stmmers. 
 
 the year of our Lord 1882. ) 
 
 James Brown, a commissione • for taking affidavits in the H. C. jf. 
 
 334. RENEWAL OF CH/.TTEL MORTGAGE— 
 
 Statement exhibitit:g the interest of Walter Winters in the property mentioned in a 
 Chattel Mortgage dated the fourth day of January, 1892, made between James Smith of the 
 Township of Stamford, County of Welland of the one part, and Walter Winters of the Town- 
 ship of Stamford aforesaid, of the other part, and filed in the office of the Clerk of the County 
 Court of the County of Welland, on the fifth day of January. 1892, and of the amount due for 
 pi.icipal and interest thereon, and of all payments made on account thereof. 
 
 The said Walter Winters is still the mortgagee of the said property and has not as- 
 -signed the said mortgage. One payment has been made on the said mortgage. 
 
 The amount still due for principal and interest on the said mortgage is the sum of 
 tiifee hundred dollars, computed as follows: 
 
 ' ' Principal $500 -C 
 
 Interest i year, ending January 4, 1891 35 00 
 
 By cash January 4, 1891 . 
 
 -Cr.- 
 
 $535 00 
 . 235 00 
 
 Balance due $300 00 
 
 Affidavit of mortgagee as to correctness of statement and the balance. 
 County of Welland, \ I, Walter Winters, of the Township of Stamford, County of Well- 
 To wit: ) and, the mortgagee named in the Chattel Mortgage mentioned in the 
 
 .annexed statement, make oath and say: 
 
 1. That the annexed statement is true. 
 
 2. That the Chattel Mortgage mentioned in the said statement has not been kept 00 
 foot for auy fraudulent purpose. . , 
 
 Sworn before me at the Town of | ' 
 
 AVelland. County of Welland, thist Walter Wintbrs. 
 
 ind day of January, 1892. ) 
 
 James Brown, a commissioner for taking affidavits in H. C. y. t i ^ 
 

 •s, of 
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 LEGAL AND BUSINESS FORMS. 
 
 885 
 
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 336. BltL OF SALE— 
 
 THIS INDENTURE, made the fourth day of Auril in the year of our Lord one 
 thousand eight hundred and ninety :wo, between James Smith of the Town of Welland, in the 
 County of Welland, and Province of Ontario, merchant, vendor of the first part, and Walter 
 Winters of the Town of Welland aforesaid, gentleman, the vendee of the second part. 
 
 Whkrkas the said party is possessed of the stock of dry goods and groceries and store 
 and office fixtures hereinafter set forth, described and enumerated, and hath contracted and 
 agreed with the said party of the second part for the absolute sale to him of the same, for the 
 sum or six hundred dollars. 
 
 Now THIS iNDENTURr WITNESSETH, that in pursuance of the said agreement, and in 
 consideration of the sum of six hundred dollars of lawful money of Canada, paid by the said 
 party of the second part, at or before the sealing and delivery of these presents; (the receipt 
 whereof is hereby acknowledged), he, the said party of the first part hath bargained, sold, 
 assigned, transferred, and set over, and by these presents doth bargain, sell, assign, transfer 
 and set over unto the said party of the second part, his executors, administrators and assigns. 
 All Those the said dry goods and groceries and store and office fixtures as per inventory 
 hereunto attached and marked "A." 
 
 And all the ri,^ht, title, interest, property, claim and demand whatsoever, both at law 
 and equity, or otherwise howsoever, of him the said party of the first part, of, in, to, and out 
 of the same and every part thereof. 
 
 To Have and to Hold the said hereinbefore assigned dry goods, groceries at i store 
 and office fixtures and every of them and every part thereof, with the appurtances, and all the 
 right, title and interest of the said party of the first part thereto and therein, as aforesaid, 
 unto and to the use of the said party of the second part, his executors, administrators, and as- 
 signs, to and for his sole and only use forever. 
 
 And the said party of the first part doth hereby, for his hnrs, executors, and admin- 
 istrators, covenant, promise and agree with the said party ot tVie second part, his execut ins 
 and administrators, in the manner following, that is to say: That he, the said party of the 
 first part, is now rightfully and absolutely possessed of and entitled to the said hereby as- 
 signed dry goods, groceries and store and office fixtures, and every part thereof; and that the 
 said party of thii first part, now hath in his good right to assign the same unto the said party 
 of the second part, his executors, administrators and assigns, in manner aforesaid, and accord- 
 ing to the true intent and meaning of these presents: and that the said party here, of the sec- 
 ond part, his executors, administrators and assigns, shall and may from time to time, and at 
 all times hereafter, peaceably and quietly have, hold, possess, and enjoy the said hereby as- 
 signed goods and fixtures and every of them, and every part thereof, to and for his own use 
 flnd benefit, without any manner of hindrance, interruption, molestation, claim or demand 
 whatsoever of, from or by him the said party of the first part, or any person or persoas whom- 
 soever, and that free and clear, and freely and absolutely released and discharged, or other- 
 wise, at the cost of the said party of the h.-^t part, efiectually indemnified from ?nd against all 
 former and other bargains, sales, gifts, grants, titles, charges, and incumbrances whatsoever: 
 
 And moreover, that he the said party of the first part, and all persons rightfully 
 claiming, or to claim any estate, light, title or interest of, in, or to the said hereby assigned 
 goods and fixtures and every of them, and every part thereof, shall and will from time to time, 
 and at all times hereafter upon every reasonable request of the said party of the second part, 
 his executors, administrators or assigns, but at the cost and charge of the said party of the 
 second part, make, do and execute, or cause or procure to be made, done and executed, all 
 such further acts, deeds and assurances for the more efTectually assigning and assuring the 
 said hereby assigned goods and fixtures unto the said party of the second part, his executors, 
 administrators and assigns, in manner aforesaid, and according to the true intent and meaning 
 of these presents, as by the said party of the second part, his executors, administrators or as- 
 signs, or his counsel shall be reasonably advised or required. 
 
 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 [• 
 
 Charles Summers. j 
 
 James Smith, [L. S.] 
 
 Walter Winters, [L. S.] 
 
 Affida^fit of purchase as to the sale being bona fide for value: 
 County of Welland, ) I, Walter Winters of the Town of Welland, in the County of Wol- 
 to wit: I' land, the vendee in the foregoing Bill of Sale named, make oath and say; 
 
 That the sale therein made is bona fide, and for good consideration, namely, six 
 
I! 
 
 836 LEGAL AND BUSINESS FOllMS. 
 
 hundred dollars, and not for the purpose of holding or enabling me, this deponent, to hold the 
 goods mentioned therein against the creditors of the said bargainor. 
 
 Sworn before me at Welland, ) » 
 
 ia the County of Welland, this I Waltkr Winters. 
 
 4th day of April, A. D. 1892. ) 
 
 James BROWiV, a commissioner for taking affidavits in H. C. y, 
 Affidavit of witness proving the signing, sealing and delivery of the Bill of Sale — 
 County of Welland, ) I, Charles Summers of the Town of Welland, in the County of Wei- 
 TO wit: I land, make oath and say : 
 
 That I was personally present, and did see the within Bill of Sale duly signed, sealed 
 and executed by James Smith and Walter Winters, the parties thereto. And that I this de- 
 ponent am a subscribing witness to the same. And that the name Charles Summers, set and 
 subscribed as a witness to the execution thereof, is of the proper handwriting of me this de- 
 ponent, and that the same was executed at the Town of Welland. 
 
 Sworn before me at the Town of ] 
 Welland. County of Welland, this !• Charles Summers. 
 
 4th day of April, 1892. ) 
 
 James Brown, a commissioner for taking affidavits in H. C. jf. 
 
 33«, SHORT HOUSE LEASE— 
 
 THIS INDENTURE, made the fourth day of April iu the year of 
 OUT Lord one thousand eight hundred and ninety-two, in pursuance 
 of the act respecting short forms of leases, between James Smith of 
 of the Town of Thorold, in the County of Welland, gentleman, here- 
 after called the lessor of the first part, and Walter Winters of the same 
 place, merchant, hereinafter called the lessee of the second part; 
 
 WITNESSETH, that in consideration of the yearly rents, covenants 
 and conditions hereinafter respectively reserved and contained by the 
 said lessee, his executors, administrators, and assigns, to be respective- 
 ly paid, observed, and performed, the said lessor hath demised and 
 leased, and by these presents doth demise and lease unto the said 
 lessee all the store and premises on Front Street in the Town of Thorold, 
 in the County of Welland. known as No. 1. iu the Battle Block, inclu- 
 ding basement or cellar, and lately occupied by James Walsh & Co. 
 as a Boot and Shoe store. 
 
 Together with all the rights, members, and appurtauces what- 
 soever to the said prt.nises belonging and appertaining; to have and 
 to hold the said hereby demised premises, with their appurtauces, 
 unto the said lessee his executors, administrators and assigns, for the 
 term of three years, to be computed from the fourth day of April, one 
 thousand eight hundred and ninety-two. 
 
 Yielding and paying therefor, unto the said lessor, his heirs or 
 assigns, the clear yearly rent or sum of three hundred dollars of law- 
 ful money of Canada, in even portions, of quarterly instalments on the 
 fourth days of July, October, January and April 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 fourth day of July next. 
 
 i And the said lessee for himself, his heirs, executors, administra- 
 tors, and assigns, hereby covenant with the said lessor his heirs and 
 assigns, to pay rent, and to pay taxes, and to repair ; and that the said 
 lessor may enter and view state of repair ; and that the said lessee 
 
LEOAL AND BUSINESS FORMS. 
 
 837 
 
 will repair uccordiiij^ to notice ; and will not assign or sub-let with- 
 out leave; 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 
 j^ood repair. 
 
 And also, that if the term hereby granted shall be at any time 
 seized or taken in execution, or in attachment, by any creditor of the 
 said lessee, or if the said lessee shall make any assignment for the 
 benefit of creditors, or becoming bankrupt or insolvent shall take the 
 benefit of any Act that may be in fort-e for bankrupt or insolvent 
 debtors, the then current quarter's rent shall immediately become due 
 and payable, and the said terra shall immediately become forfeited 
 and void. 
 
 And it is hereby declared and agreed that in case the premises 
 hereby demised or any pare thereof shall at any time during the term 
 hereby granted be burned down, or damaged by fire, so as to render 
 the same unfit for the purposes of the said lessee, then, and so often as 
 the same shall happen, the rent thereby reserved, or a proportionate 
 part thereof, ac(3ording to the nature and extent of the injury sus- 
 tained, and all remedies for recovering the same, shall be suspended 
 and abated, \intil the said premises shall have been rebuilt or made 
 fit for the purposes of the saii lessee. 
 
 Proviso for re-entry by the said lessor on non-payment of rent, 
 whether lawfully demanded or not ; or on non-performance of coven- 
 ants ; 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 stills. 
 
 James Smith. [L. S.] 
 
 Walter Winters. [L. S.] 
 
 Signed, Sealed and Delivered ) 
 
 in the presence of [ 
 
 Charles Summers. ) 
 
 M37. FARM LEASE— 
 
 In a Farm lease other clauses are usually inserted, similar to the 
 following, defining particularly how the land is to be tilled, crops to 
 be raised, disposition of straw, etc. : , . 
 
 And that the said Lessee will, during the said term, cultivate, 
 till, manure and employ such part of said demised premises as is 
 now, or shall hereafter be brought under cultivation, in a good hus- 
 band-like and proper manner, so as not to impoverish or injure the soil, 
 and plough said land in each year during said term (seven) inches deep 
 and at the end of said term wili leave the land so manured as aforesaid. 
 And will crop the same during the said term by a regular rotation of 
 crops in a proper farmer-like manner, so as not to impoverish or injure 
 the soil of the said land, and will use his best and earnest endeavors 
 to rid said land of all docks, wild mustard, red roots, Canada thistles 
 
838 LEGAL AND BUSINESS FORMS. 
 
 and other noxious weeds. And will preserve all orchard and fruit 
 trees (if any) on the said premises, Iroin waste, damage or destruction 
 And will spend, use and employ, in a husband-like manner, upon the 
 said premises, all the straw and dung which shall grow, arise, renew, 
 or be made thereupon. And will allow any incoming tenant to plough 
 the said land after harvest in the last year of the said term, and to have 
 stabling for two horses and bed room for one man. And will leave 
 at least ten acres seeded down with timothy and clover seed. 
 
 And shall not nor will during the said term cut any standing 
 timber upon the said lands, except for rails or for buildings upon the 
 said demised premises, or for firewood upon the premises, and shall not 
 allow any timber to be removed from otF the said premises. And 
 ALSO shall and will, at the cost and charges of the said Lessee, well 
 and sufl&ciently repair, and keep repaired, the erections and buildings, 
 fences and gates erected, or to be erected, upon the said premises. 
 
 338. FORM OF WILL— 
 
 This is the last Will and Testament of me, James Smith of the 
 Town of Niagara Falls, in the C».unty of Welland and Province 
 of Ontario, merchant, made this fourth day of April in the year of 
 our Lord one thousand eight hundred and ninety-two. 
 
 I revoke all former Wills or other Testamentary Dispositions by 
 me at any time heretofore made, and declare '..his to be my last Will 
 and Testament. 
 
 I direct all my just debts, funeral and testamentary expenses to 
 be paid and satisfied by my executors hereinafter named, as soon as 
 conveniently may be after my decease. 
 
 I give, devise and bequeath all my real and personal estate 
 which I may die possessed of or interested in, in the manner follow- 
 ing, that is to say ; 
 
 I give, devise and bequeath to my beloved wife, Florence Ethel 
 Smith lot No. 6 in the second Concession of Township of Stamford, 
 County of Welland, and Province of Ontario, containing by admeas- 
 urement one hundred acres, be the same more or less; also lot No. 4 on 
 the east side of Simcoe street in the Town of Niagara Falls, contain- 
 ing by admeasurement three-quarters of an acre, be the same more or 
 less, which is my present residence, and all appurtances connected 
 therewith, with all my household goods of which I am possessed. 
 
 I give, devise and bequeath to my son Charles Edmund the farm 
 known as the Walnut Grove Place, being lot No. 8 in the first Con- 
 cession of the Township of Niagara in the County of Lincoln, together 
 with all the crops, stock and utensils which may be thereon at the 
 the time of my decease ; and also the property in the city of St. Cath- 
 arines, Ont., known as the Arlington Block, being Lot No. 18 on the 
 east side of King street, subject to a legacy of five hundred dollars to 
 be paid to my nephew, John Alexander Smith, in two equal annual in- 
 stalments of two hundred and fifty dollars each without interest, the 
 
LEGAL AND BUSINESS FORMS. 
 
 839—840 
 
 Charles Summers. 
 F. W. Williams. 
 
 first payment to become due and payable one year after my deaths 
 said legacy to be the first charge on the said property. 
 
 I give, demise and bequeath to my nephew, John Alexander 
 Smith aforesaid, a legacy of five hundred dollars hereinbeiore provided 
 lor. All the residue of my estate not hereinbefore disposed of I give, 
 devise and bequeath unto my beloved wife, Florence Ethel Smith. 
 
 I give, devise and bequeath to my daughter Grace, wife of James 
 D. Chamberlain, twelve shares in the capital stock of the Provincial 
 Natural Gas Company, which now stands in my name on the book* 
 of said company, also two thousand dollars in cash. 
 
 And I nominate and appoint my wife, Henry Simmons and 
 Donald Henderson, all of the Town of Niagara Falls, in the County of 
 Welland, to be co-executors of this my last Will and Testament, hereby 
 revoking all former wills by me made. 
 
 In witness thereof I have hereunn set my hand the day and 
 year first above written. 
 
 James Smith. 
 Signed, Published and Declared by the said\ 
 James Smith, the testator, as and for his Last 
 Will and Testament, in the presence of us, who 
 both present together at the same time, in his 
 presence, at his request, and in the presence oi 
 each other, have hereunto subscribed our 
 names as witnesses. ^ 
 
 .3.-«). AGREEMENT FOR HIRE OF LABOR— 
 
 This agreement, made the 3rd day of April, 1892, between John 
 Smith of Grantham, yeoman, of the first part, and James Robinson 
 of St. Catharines, laborer, of the second part. 
 
 Witnesseth that the party of the second part agrees with the 
 party of the first part to serve him as a farm laborer and general 
 servant for the period of one year from this date, and in all things to- 
 faithfully observe and do all the reasonable wishes and commands of 
 the party of the first part. 
 
 And the party of the first part agrees to pay the party of the sec- 
 ond part one hundred and fifty dollars and to board and lodge the 
 party of the second part during said period, and to cause all necessary 
 laundry wash to be done for him. Said money to be paid as follows: 
 Fifty dollars in six months, and the balance at the expiry of said 
 service. 
 
 Witness our hands the day and year above written. 
 Witness ; ) James Robinson, 
 
 • Charles Summers. \ James Smith. 
 
 .•t^o. REGISTRATION OF PARTNERSHIP— 
 PROVINCE.0F ONTARIO. ) We, John Smith and John Robinson of 
 
 > the City of St. Catharines, County of Lin- 
 County OF Lincoln. ) coin. Province of Ontario, hereby certify: 
 
 1. That Ave have carried on and intend to carry on the trade and 
 
If" 
 
 S41— 844 LEGAL AND BUSINESS FORMS. 
 
 business of Carriage Building and General Blacksraithing at St. Cath- 
 arines in partnership, under the name of the firm of Smith & Rob- 
 inison. 
 
 2. That the said partnership has subsisted since the 15th day of 
 December, 1891. 
 
 3. That we are and have been since the said day the only mem- 
 bers of the said partnership. 
 
 Witness our hands at St. Catharines ) James Smith. 
 
 this 2nd day of January, 1892. \ James Robinson. 
 
 341. REGISTRATION OF DISSOLUTION— 
 
 A notice of dissolution of a partnership is also required to be 
 recorded in the County Registry Office. The following form will 
 answer : 
 TROVINCE OF ONTARIO : ) I, James Robinson, formerly a mem- 
 
 CouNTY OF Lincoln. \ ber of the firm carrying on the busi- 
 n(\s8 of Carriage Building and General Blaoksmithing at St. Catharines, 
 County of Lincoln, under the name and form of Smith & Robinson, 
 do hereby certify that the said partnership was on the 2nd day of 
 September dissolved. 
 
 Witness my hand at St. Catharines this the third day of Septem- 
 ber, 1892. James Robinson. 
 
 :M2. NOTICE TO QUIT BY LANDLORD- 
 
 Please take notice that you are hereby required to surrender and 
 deliver up possession of the house and lot known as No. 4 James 
 street, in the Village of Merritton, which you now hold of me; and 
 to remove therefrom on the first day of .Tune next, pursuant to the 
 provisions of the statute relating to the rights and duties of landlord 
 and tenant. 
 
 Dated this 25th day of April, 1892. 
 To Walter Winters, James Smith, 
 
 Tenant. Landlord 
 
 843. NOTICE TO QUIT BY TENANT. 
 
 I hereby give you notice that I shall quit and deliver up posses- 
 sion of the premises I now occupy as tenant, known as house and lot 
 No. 4, James street, in the Village of Merriton. 
 
 Dated this 25th day of April, 1892. 
 To James Smith, Walter Winters, 
 
 Landlord. Tenant. 
 
 344. NOTICE TO TENANT. 
 
 To Mr Walter Winters, St. Catharines, Out. 
 
 Take Notice, that I claim the sum of fifty dollars, for rent due 
 me in respect of the premises whi<h you hold as my tenant, namely 
 l^ot No. 16 on the North side of St. .Tames street in the town of Niag- 
 ara Falls, in the County of Wellaud, and unless the sai^ rent is paid 
 I demand from you immediate possession of the said premises ; and I 
 am ready to leave in your possession such of your goods and chattels 
 as in that case only you are entitled to claim exemption for. 
 
LEGAL AND BUSINESS FORMS. 
 
 345 
 
 Take Notice Further, that if you neither pay the said rent nor 
 give me up possession of the said premises after the service of this 
 notice, I am by hiw entitled to seize and sell, and I intend to seize 
 and sell, all your goods and chattels, or such part thereof as may be 
 necessary for the payment of the said rent and costs. 
 
 This notice is given luider the Act of the Legislature of Ontario 
 respecting distress for rent or taxes. 
 
 Dated this 4th day of April, A.D. 1802. 
 
 James Smith. 
 
 After giving the preceding notice, if the tenant still remains 
 in possession, the landlord may then seize and sell the last 
 article on the place, if need be, to recover the amount of rent due 
 and cost.^. If the tenant does not wish to lose his exemptions 
 he should take them and move out immediately. 
 
 »45. EXEMPTIONS FliOM SEIZUKE— 
 
 The list of exemptions from landlord's warrant or under any 
 execution is given in section 90, which see. 
 
 On a nionthly tenancy, however, these exemptions only 
 hold against two months arrears of rent. . If the monthly tenant 
 owes for a longer period than two months, the landlord can dis- 
 train and sell to recover what is due over the two months. 
 
 If the landlord distrains, or any other creditor seizes under 
 an execution, the tenant or debtor has the legal right to select 
 and point out the goods and chattels as to which he claims 
 exemptions. For instance, there are six chairs named among 
 the exemptions ; hence the debtor, instead of taking six common 
 chairs, may select the best in the house, and the same all 
 through the list. 
 
 The bailiff or sheriff has no legal authority to interfere in 
 this selection, so long as the debtor takes only the number or 
 quantity reserved to him by the law. 
 
 Distraining for rent breaks the lease, and the tenant is at 
 liberty to take his exemptions and move out immediately. 
 
 A landlord cannot distrain before rent is due, and if a ten- 
 ant moves out before it is due, the landlord cannot follow and 
 distrain elsewhere without becoming liable for an action for 
 trespass and illegal seizure. 
 
'I 
 
 346—350 LEGAL AND BUSINESS FORMS. 
 
 84«. TENANT AND LANDLOKD'S TAX— 
 
 The tenant's exemptions cannot be seized for the landlord's 
 taxes. 
 
 347. EA^SING THE RENT— 
 
 1 1 Simply giving notice to a tenant that at such a time the 
 
 rent will be increased is not sufficient. The nooice must be to 
 vacate, that is, order the tenant out. Then after that the notice 
 may be given for an advance in rent. 
 
 34». NOTICE CLAIMING DOUBLE RENT FOR 
 HOLDING OVER— 
 
 To Mr. W. Winters, St. Catharines. Ont. 
 I hereby give you notice that if you do not deliver up 
 possession of the house and premises situate No. 10 in Queen 
 street, in the City of St. Catharines, on the first day of June 
 next, according to my notice to quit, dated the 25th day of 
 April, I shall claim from you double the yearly value of the 
 premises for so long as you keep possession of them after the 
 expiration of the said notice, according to the statute in that 
 case provided. 
 
 Dated the 20th day of May, 1895. 
 Witness : James Smith, 
 
 J. Saunders. Landlord. 
 
 : 
 
 
 849. PRIORITY OF CLAIMS AMONG CREDITORS— 
 
 1. Tax is the first lien on property. 
 
 2. Wages for 30 days. 
 
 3. Landlord's preference for one year's rent. 
 
 4. Mortgages. 
 6. Judgments. 
 
 850. PROPERTY LEFT FOR REPAIRS, ETC.— 
 Carriage or other property left for repairs and not called for 
 
 at proper time and charges settled, cannot be put out from under 
 shelter, and thus allowed to receive injury, even after notifying 
 the owner that such steps would be taken. It must be properly 
 cared for the same as though it were in a warehouse. 
 
 Such articles cannot be sold to recover the cost of repairs 
 until the expiration of one year, and then only by public 
 auction. 
 
LEGAL AND BUSINESS FORMS. 
 
 351—367 
 
 851. THE WIFE'S PKOPERTY— 
 
 The linsbar d cannot mortgage any goods that belong to the 
 vrife, either by purchase with her own money or gifts from other 
 persons. 
 
 The wife need not sign a chattel mortgage. 
 
 »»2. WIFE NOT LIABLE FOR FAMILY DEBTS— 
 
 A wife keeping boarders and buying goods for the general 
 
 family expenses does not render her separate estate liable for 
 
 the debts. The husband and the husband's property only are 
 
 liable. 
 
 »«». ABSCONDING DEBTORS— 
 
 The goods of a debtor moving out of the place but not out 
 of the country canrot be stopped by a creditor unless under an 
 execution. 
 
 One leaving the country may be stopped before judgment 
 provided he has more goods than the exemptions. 
 
 An absconding debtor leaving the country may be arrested 
 and held in custody for bail by a person having a claim against 
 him of $100 or upwards. 
 
 354. REFUSING PART PAYMENT— 
 
 The refusal to accept part payment on an account or note 
 does not affect the debt. 
 
 The refusal to accept payment tendered in full does not 
 cancel the debt, but it stops all interest and expense there- 
 after. 
 
 355. RELIEVING GOODS UNDER A CHATTEL 
 
 MORTGAGE— 
 If the holder of a chattel mortgage allows the mortgagor to 
 dispose of any of the articles covered by it, the mortgage is 
 thereby destroyed. He cannot relieve part without destroying 
 his claim. 
 
 356. BUYING STOLEN PROPERTY— 
 
 Stolen property being sold to innocent third parties for 
 value does not obtain a good title as in the case of negotiable 
 paper. The owner will take it wherever found. 
 
 357. MONEY WRONGFULLY RETAINED— 
 Money iven to a merchant or other person for exchange by 
 
 one who is nidebted cannot be retained and applied on account 
 if the debtor objects. 
 
358—359 LEGAL ANjJ BUSINESS FORMS. 
 
 8R8. LEGAL TENDEK— 
 
 In Canada, copper coins are legal for the payment of a debt 
 up to twenty-five cents, silver for $10.00, and gold, Dominion 
 or bank notes for any amount. 
 
 »«». COPYRIGHT— 
 
 In Canada, any person living in Canada, Great Britain or 
 any of her Colonies, or in any country having a copyright treaty 
 •with. Great Britain, may secure the advantages of a copyright 
 on any book, picture, drawing, map or chart, etc. The article 
 must be published, printed, produced or reproduced in Canada. 
 Copyright is for twenty-eight years. 
 
 Every article copyrighi;ed must contain a notice of the 
 copyright. Any person who has not lawfully acquired a copy- 
 right, and who inserts a notice asserting the existence of such 
 copyright, is liable to a penalty of $300. 
 
 Any infringeinent of a copyright incurs a heavy fine and the 
 confiscation of the works. 
 
 The fees for securing the copyright are $1.00 for certificate 
 of registration, and 50 cents for a certified copy, which is for- 
 warded to the author. 
 
 To secure a copyright, any person of ordinary education 
 may do all the correspondence. Write to Minister of Agricul- 
 ture as follows : 
 
 To the Minister of Agriculture, 
 
 (Copyright Branch), Ottawa, 
 
 who will forward a copy of the Copyright Act and full informa- 
 tion. No postage is required in the correspondence, and the 
 Bules and Regulations are so clear that no difficulty will be ex- 
 perienced in doing the work. 
 
 ■ 
 
PART II. 
 
 345. 
 
 VOim OF ACCO^"^^^^ 
 
 ^^-» »j XI X- 
 
 St. Catharines, April 4, 1892. 
 
 Mr, A. J. Simmons, in account with D. W. Jones: 
 
 Jan. 4. To one set double harness. 
 To repairinff harness. 
 
 Jan. 
 
 21. 
 
 Feb. 
 
 6. 
 
 Feb. 
 
 24. 
 
 Mar. 
 
 8. 
 
 Mar. 12. 
 
 Jan. 
 
 10, 
 
 Feb. 
 
 27. 
 
 To one set single harness. 
 
 To one saddle 
 
 To one set of collars 
 
 To repairing 
 
 $28 
 
 00 
 
 1 
 
 60 
 
 18 
 
 00 
 
 8 
 
 00 
 
 6 
 
 00 
 
 
 60 
 
 —Cr.— 
 
 By cash 115 00 
 
 By cash i 25 00 
 
 162 10 
 
 -$40 00 
 
 Balance due I $22 10 
 
 The name should not be signed at the foot of the account where 
 it is not paid in full. 
 
 340. A BILL SETTLED BY NOTE— 
 
 St. Catharines, April 4, 1892. 
 Mr. A. J. Simmons, 
 
 Bought of D. W. Jones. 
 
 25 yards M. De Laine @,16 
 
 1 pc. B. Muslin, 40 yds @, 8 
 
 3 dz spools Coates' cotton @,50 
 
 1 pc. sheeting, 42 yds ©25 
 
 Settled by his note at 30 days. 
 
 •75 
 20 
 50 
 
 \ 8 
 
 3 
 
 1 
 10 50 
 
 -$18 95 
 
 D. W. Jones,. 
 
 .-147: BUSINESS ADDRESSES— 
 
 The following are ordinary forms of address for the envelope in 
 business correspondence. Where it is necessary to insert the county 
 as well, it may be placed in the lower left hand corner, as in the last 
 form where Mr. Adams' name stands, or it could be placed where the 
 street number is used in the first form. The address should always 
 commence about the middle of the envelope, as shown here, and far 
 
847 
 
 LEGAL AND BUSINESS FORMS. 
 
 enough to the left not to crowd the margin at the right or to eramp 
 the writing. The stamp always goes in the upper right haud corner. 
 
 • STAMP 
 
 
 
 <0^€dd4d 
 
 
 STAMP : 
 
 
 
 
 i i 
 
 i STAMP : 
 
 i 1 
 
 
 
 C^4. 
 
 Qy. J?. ^4€)^^i^'n, 
 
 
 % 
 
 
 ^£{^€^^0^4/, 
 
 ^ai 
 
 .^.*. 
 
 ^. C^e/u^^td. 
 
 (f.^ 
 
MISCELLANEOUS RULES. 
 
 848—851 
 
 MISCELLANEOUS RULES. 
 
 848. TO MEASURE GRAIN ON THE FLOOR— 
 
 Make the pile in the shape ol" a pyramid or coue, and multiply 
 the area of the base by one-third the height. 
 
 To find the area of the base, multiply the square of its diameter 
 by the decimal .7854. 
 
 Example — A conical pile of grain is iQ feet in diameter, and 6 
 feet high, how many bushels does it containV 
 
 10xl0x.7Ho4x2 = 157.08 bushels. 
 
 :i4». TO MEASURE GRAIN IN BIN— 
 
 Level the grain, then multiply together the length, breadth and 
 depth in inches, and divide by 2150.4, the result will be the number 
 of bushels. 
 
 Example — How many bushels of barley in a bin 8 feet long, 6 feet 
 wide and 3 feet deep? 
 
 96x72x86 
 
 = 1 15.76 bushels. 
 
 2150.4 
 
 Shorter rale — Level the grain, then ascertain the space it occupies 
 in cubic feet, multiply the number of cubic feet by 8, and point off 
 one figure trom the right. 
 
 For every 800 bushels 1 extra bushel must b' ided to be liter- 
 ally correct. To make it equal to the Imperial, ushels must be 
 subtracted from every hundred. 
 
 Example — How many bushels of barley in a bin 8 leet long, 6 
 teet wide and 3 feet deep? 
 
 8x6x3x8 = 115.2 bushels. 
 
 With the half bushel added, as stated in the rule, would give 
 about the same result as the previous longer rule. 
 
 .M50. WEIGHT OF CATTLE BY MEASUREMENT— 
 Measure in inches the girth around the breast, just behind the 
 shoulder blade, and the length of the back from the tail to the fore- 
 part of the shoulder bladd. Multiply the girth by the Jength, and 
 divide by 144. If the girth is less than three feet, multiply the 
 quotient by 11. If between 3 and 5 feet, multiply by 23. If between 
 7 and 9, multiply by 31. If the animal is lean deduct one-twentieth 
 the result. The answer will be the live weight in pounds. 
 351. TO MEASURE CORN IN THE CRIB— 
 Two cubic feet of corn in the ear make one bushel of shelled cor^. 
 
SrQ— 864 
 
 MISCELi.ANEOUS lUILES. 
 
 therefore to find the approximate number of bushels of shelled corn iu 
 a orib, the corn being levelled, multiply the length, width and height 
 in feet of the corn together and divide the result by two. 
 
 iW2, ROUND LOOS IlEDtCED TO BOARD MEASURE— 
 From the logs in inc^hes subtract 4 for the slabs, then multiply 
 the remainder by half itself and the product by the length of the log 
 in feet and divide the rasult by 8 ; the quotient will be the number 
 of square feet that can be cut from the log. 
 
 Example — How many feet of square dged boards can be cut from 
 a log 28 feet long, 24 inches in diamcte^'. 
 
 20x10x28 
 
 = 700 leet. 
 
 8 
 353. NUMBER OF PLANTS FOR AN ACRE OF GROUND— 
 
 1 foot by 1 foot 43,r)60 
 
 H feet by IJ feet 19,360 
 
 2 feet by 1 feet 21,780 
 
 2 feet by 2 feet 10,890 
 
 2i feet by 2J feet 6,960 
 
 8 feet by 1 feet 14,520 
 
 2 feet by 2 feet 7,260 
 
 8 feet by 3 feet 4,840 
 
 3J feet by 3| feet 3.555 
 
 4 feet by 1 feet 10,890 
 
 4 fb3tby2feet 6,445 
 
 4 feet by 3 feet 3,630 
 
 4 feet by 4 feet 2,722 
 
 5J feet by 5i feet 1,417 
 
 6 feet by 6 feet 1,210 
 
 6J feet bv 6^ feet 1,031 
 
 7 feet by 7 feet 881 
 
 8 feet by 8 feet 680 
 
 9 feet by 9 feet 537 
 
 10 feet by 10 feet 485 
 
 11 feet by 11 feet 360 
 
 12 feet by 12 feet 302 
 
 13 feet by 13 feet 257 
 
 14 feet by 14 feet 222 
 
 15 feet by 15 feet 193 
 
 16 feet by 16 feet 170 
 
 4J feet by 4J feet 2,151 16 J feet by 16 J fe«t 160 
 
 6 feet by 1 feet 8,712 17 
 
 6 feet by 2 feet 4,356 18 
 
 6 feet by 3 feet 2,904 19 
 
 6 feet by 4 feet 2,178 20 
 
 6 feetby5feet 1,742 25 
 
 feet bv 17 feet 150 
 
 feet by 18 feet 134 
 
 feet bv 19 feet 120 
 
 feet by 20 feet 108 
 
 feet by 25 feet 69 
 
 354. NUMBi'iR OF NAILS PER POUND. 
 2 penny — 1 inch, 557 nails per pound. 
 4 penny — 1^ inches, 353 nails per pound. 
 6 penny — If inches, 232 nails per pound. 
 
 6 penny — 2 inches, 167 nails per pound. 
 
 7 penny — 2J inches, 141 nails per pound. 
 
 8 penny — 2} inches, 101 nails per pound. 
 10 penny — 2f inches, 68 nails per pound. 
 12 penny — 3 inches. 54 nails per pound. 
 20 penny — 3J inches, 34 nails per pound. 
 Spikes — 4 inches, 16 nails per pound. 
 Spikes — 4| inches, 12 nails per pound. 
 Spikes — 5 inches, 10 nails per pound. 
 
MISCELLANEOUS RULES. 855-868 
 
 From the above table au estimate of quantity of any job of work 
 can be made. 
 
 356. TO MEASURE HAY IN MOW— 
 
 Multiply the length, width and height in yards and divide by 
 fifteen, if the hay is well paeked; if the mow is shallow and tne hay 
 not well settled, divide by eighteen. 
 
 360. FINDING VALUE OF LUMBER— 
 
 To find the value of a quantity of lumber Avhen the price is given 
 per thousand feet. Multiply the number of feet by the price per 
 thousand and divide by 1,000, or simply point off three figures from 
 the right. 
 
 Example: 1,720 feet of lumber @, $25 per thousand feet: 
 
 l,720x25=ii^43.00. 
 
 367. FINDING THE VALUE OF HAY— 
 
 To find the value of hay, multiply the number of pounds by the 
 price per ton and divide by 2,000; or shorter, multiply the number of 
 pounds by half the price per ton and point oif three figures from 
 the right. 
 
 Example: 2,700 pounds @, $18 per ton. 
 
 First Rule. Second Rule. 
 
 2,700x18 
 
 = $24.30 2,700x9 = .$24,300. 
 
 2,000 
 368 MEASURING LAND— 
 
 To find the nuiuber of ucres, or fraction of au acre, lu a rectangu- 
 lar lot. Multiply the length by the width, and divide the product 
 by 160, if the measurement is in rods, or by 43,560, if given in feet. 
 
 Example — What is the number of acres, 80 rods long and 80 rods 
 wide? 
 
 80x30 
 
 = 15 acres. 
 
 160 
 To find the contents of a triangular piece of laud having one rec- 
 tangular corner. Multiply the tioo shorter sides together and take one-half 
 the result, will give the number of rods or feet according as the 
 measurement is given in rods or feet. 
 
 Example — How mai y square rods in a triangular lot having one 
 rectangular corner, one siue being 8 rods, the second 20 rods and the 
 third 25 rods ? 
 
 8x20 ... 
 
 = 80 rods or ^ acre. 
 
 o 
 
 To find the number of acres in a triangular field. Multiply the 
 base {which may be either side) by one half the number ofrodsjrom that side 
 to the opposite angle, and divide the product by 160, will give the number of 
 acres. 
 
859—361 MISCELLANEOUS RULES. 
 
 Example — A triangular field 100 rods on one side and 80 rods 
 from that side to the opposite angle, how many acres? 
 
 100x40 
 
 = 25 acres. 
 
 160 
 
 359. MEASUEEMENT OF WOOD— 
 
 To find the number of cords in a pile. Multiply the lengthy width 
 <ind height together, and divide by 128. 
 
 Example — A pile of cord wood 60 feet long, 4 feet wide and t 
 leet high. 
 
 60x4xY 
 
 =:j 13^ cords. 
 
 128 
 
 mo MEASUREMENT OF LUMBER— 
 
 To find the number of feet in a board. Multiply the length in 
 feet by the width in inches, and divide by 12. 
 
 Example — A board of inch lumber, 16 feet long and 15 inches 
 ^vide. 
 
 16x10 
 
 =20 feet. 
 
 12 
 
 To find the number of feet in a plank or scantling. Multiply the 
 length, width and thickness together, and divide by 12. 
 
 Example — A plank 18 feet long, 2 inches thick, and 10 inches wide 
 18x2x10 
 
 = 30 feet. 
 
 12 
 
 3«l. DIFFERENCE OF TIME BETWEEN CITIES— 
 
 For a difference of one degree in Longitude, there is a diflference 
 of four minutes in time. Tience, to ascertain the difierence in time 
 between cities or countries, refer to your map and notice the differ- 
 ence in degrees of longitude between the two places and multiply 
 this difference in degrees by four; the product will be the difference 
 in time. 
 
 To find the time at each place, the difierence of time mu&c be 
 added for places east and subtracted for places west. 
 
 Examples: Boston is six degrees east of Washington, hence 
 6x4 = 24 minutes difference in time; therefore, when it is 12 o'clock at 
 Washington it will be 24 minutes past 12 at Boston. 
 
 San Francisco is 45^ degrees west of Washington, hence 
 45^x4=182 minutes difference in time; therefore. 12 noon at Wash- 
 ington would only be 8.58 at San Francisco. 
 
 Victoria, B. C, is about 44 degrees west of St, Catharines, hence 
 44x4=156 minutes difference in time; therefore, 12 o'clock here 
 would be only 9.?4 at Victoria, or the eastern shore of Vancouver. 
 
MISCELLANEOUS RULES. 862—363 
 
 362. PRACTICAL RULES— 
 
 The diameter of a circle multiplied by 3.1416 equals the circum- 
 ference. 
 
 The radius of a circle multiplied by 6.283185 equals the circum- 
 ference. 
 
 The circumference of a circular divided by 6*^88185 equals the 
 radius 
 
 The cir-'-umference of a circle multiplied by .159155 equals the 
 radius. 
 
 The circumference of a circle divided by 3.1416 equals the dia- 
 meter. 
 
 The square root of the area of a circle multiplied by 1.12838 equals 
 the diameter. 
 
 The square of the radius of a circle multiplied by 3.1416 equals 
 the area. 
 
 The square of the diameter of a circle multiplied by .7854 equals 
 the area. 
 
 The square of the circumference of a circle multiplied by .07958 
 equals the area. 
 
 The circumfere^ice of a circle multiplied by one-fourth the dia- 
 meter gives the area 
 
 3«3, MISCELLANEOUS ITEMS— 
 
 One cubic foot of water weighs 1,000 ounces. 
 
 One cubic yard of sand is estimated one load. 
 
 One hundred and twenty -eight cubic feet make a cord. 
 
 One cord of broken stone builds 100 cubic feet of wall 12 inches 
 thick. 
 
 One ton of hard coal measures 33 cubic feet. 
 
 One ton of soft coal measures 42 cubic feet. 
 
 Three bunches of shingles cover one square — 100 feet. 
 
 One gallon of water is equal to 277.274 cubic inches, Imperial 
 measure; and 231 the old Wine measure, also the United States 
 measure. 
 
 One cubic foot of water equals 25 quarts, within a small fraction. 
 
 A cubic yard of mortar requires one cubic yard of sand and nine 
 bushels of lime, and will fill thirty hods. 
 
 One thousand bricks, closely stacked, occupy about 56 cubic feet. 
 
 One thousand old bricks, cleaned and loosely stacked, occupy 
 about 72 cubic feet. 
 
 Stock bricks commonly measure 8f inches by 4^ inches by 2i 
 inches, and weigh from 5 to 6 lbs. each. 
 
 1,000 shingles, laid 4 inches to the weather, will cover 100 square 
 feet of surface, and 5 lbs. of shingle nails will fasten them on. 
 
 One-fifth more siding and flooring is needed than the number 
 of square feet to be covered, because of the laj) in the siding and 
 matching. 
 
 
364 MISCELLANEOUS RULES. 
 
 1,000 laths will cover 70 yards of surface, and 11 pounds of lath 
 nails will rail them on. Eight bushels of good lime, sixteen bushels 
 of sand, and one bushel of hair, will make enough good mortar to 
 plaster 100 square yards. 
 
 A cord of stone, three bushels of lime, and a cubic yard of sand 
 will lay 100 cubic feet of wall. 
 
 Five courses of brick will lay 1 foot in height on a chimney. 16 
 bricks in a course will make a Hue 4 inches wide and 12 inches long, 
 and 8 bricks in a course will make a Hue 8 inches wide and 10 inches 
 long. 
 
 Cement, one bushel, and sand, two bushels, will cover 3J square 
 yards one inch thick, 4J square yards J inch thick, 6J square yards J 
 inch thick. One bushel cement and one of sand Avill cover 2J square 
 yards one inch thick, three square yards | inch thick, and 4^ square 
 yards ^ inch thii^k. 
 
 'sm- SIZES AND CAPACITIES OF BOXES— 
 
 There are 2150.4 cubic inches in a bushel, 1075.2 inches in a hall 
 bushel, 637.6 in a peck and 268.8 in a gallon. (These are not the Im- 
 perial measures.) 
 
 The Imperial bushel contaii il8.191 inches. 
 
 The Imperial gallon contains 1^77.274 inches. 
 
 The Imperial quart contains 69.318 inches. 
 
 To ascertain the size of box to make in order to hold a peck, half 
 bushel or bushel, take the desired width and depth, multiply them 
 together and divide this product into the number of inches in a peck 
 half bushel or bushel as the case may be, and the quotient will be the 
 length of the box inside. For a larger number of bushels simply re- 
 duce them to in«"hes and proceed as already mentioned. 
 
 Example — How long should a box be made so as to hold one 
 bushel if width is 12 inches and depth 8 inches ? 
 
 2150.4 
 
 = 22.4 inches long. 
 
 12x8= 96 
 
 A box 22 inches by 13 inches and 24 inches deep will contain a 
 barrel of 2J heaped bushels. 
 
 A box 23 inches by 15 inches and 24 inches deep will contain a 
 barrel ol 3 heaped bushels. 
 
 A box 22 inches long by 12J inches wide and 8 inches deep holds 
 a bushel. 
 
 A box 8 inches deep, 12 inches long and llj wide will hold a 
 half bushel. 
 
 A box 10 inches square and lOf inches deep will hold a half 
 bushel. 
 
 A box 8 inches square and 8.4 inches deep will hold a peck, 
 
 A box 6^ inches square and Of inches deep will hold a half peck. 
 
 A box 4 inches deep, 7 inches long and 4.8 inches wide will hold 
 a gallon. 
 
MISCELLANEOUS RULES. 
 
 365—366 
 
 A box 4 inrhes square and 4^ inches deep will hold a quart. 
 
 A box 3 inc '.08 square and 3| inches deep will hold a pint. 
 
 A box 2 ee long, 1 ft. 4 in. wide and 2 ft. 8 in. deep will hold a 
 barrel. 
 
 A box 2 feet long, 1 ft. 2 in. wide, and 1 ft. 2 in. deep will hold a 
 half barrel. 
 
 3tt5. CAPACITIES OF CISTERNS— 
 2 feet in diameter, 10 inches deep holds 19.5 gallons. 
 
 2 feet in diamc*^er, 20 inches deep holds 39 gallons. 
 
 3 feet in diameter, 10 inches deep holds 44.06 gallons. 
 
 3 feet in diameter, 20 inches deep holds 88.12 gallons. 
 
 4 feet in diameter, 10 inches deep holds *78.33 gallons. 
 
 4 feet in diameter, 20 inches deep holds 156.66 gallons. 
 
 5 feet in diameter, 10 inches deep holds 122.40 gallons. 
 5 feet in diameter, 20 inches deep holds 244.80 gallons. 
 
 5 feet in diameter, 5 feet deep holds 734.40 gallons, 22 barrels. 
 
 6 feet in diameter, 5 feet deep holds 1057.50 gallons, 33 barrels. 
 6J feet in diameter, 5 feet deep holds 1241.10 gallons, 39 barrels. 
 
 7 feet in diameter, 5 feet deep holds 1439.28 gallons, 45 barrels. 
 
 8 feet in diameter, 5 feet deep holds 1879.08 gallons, 58 barrels. 
 
 8 feet in diameter, 6 feet deep holds 2255.97 gallons, 71 barrels. 
 
 9 feet in diameter, 5 feet deep holds 2379.36 gallons, 75 barrels. 
 9 feet in diameter, 6 feet deep holds 2755.23 gallons, 87 barrels. 
 
 10 feet in diameter, 5 feet deep holds 2935.20 gallons, 93 barrels. 
 10 feet in diameter, 6 feet deep holds 3522.24 gallons, 112 barrels. 
 10 feet in diameter, 7 feet deep holds 4109.28 gallons, 130 barrels. 
 
 10 feet in diameter, 8 feet deep holds 4596.32 gallons, 145 barrels. 
 
 11 feet in diameter, 5 feet deep holds 3554.40 gallons, 112 barrels. 
 11 feet in diameter, 6 feet deep holds 4265.28 gallons, 135 barrels. 
 11 feet in diameter, 7 feet deep holds 4976.16 gallons, 158 barrels. 
 
 11 feet in diameter, 8 feet deep holds 5687.14 gallons, 180 barrels. 
 
 12 feet in diameter, 5 feet deep holds 4230.00 gallons, 134 barrels. 
 12 feet in diameter, 6 feet deep holds 5076.00 gallons, 161 barrels. 
 12 feet in diameter, 7 feet deep holds 5922.00 gallons, 188 barrels. 
 12 feet in diameter, 8 feet deep holds 6768.00 gallons, 214 barrels. 
 12 feet in diameter, 9 feet deep holds 7614.00 gallons, 241 barrels. 
 15 feet in diameter, 5 feet deep holds 6609.60 gallons, 209 barrels. 
 15 feet in diameter, 6 feet deep holds 7931.52 gallons, 251 barrels. 
 15 feet in diameter, 7 feet deep holds 9253.44 gallons, 293 barrels. 
 15 feet in diameter, 8 feet deep holds 10575.36 gallons, 335 barrels. 
 15 feet in diameter, 9 feet deep holds 11897 28 gallons, 377 barrels. 
 20 feet in diameter, j.0 feet deep holds 23500.80 gallons, 746 barrels. 
 
 In the above table only even barrels have been counted, the 
 fractions being omitted, and 31| gallons to the barrel being reckoned. 
 
 '.urn. CONTENTS OF VESSELS— 
 
 To find the solid contents of a cylindrical vessel : Multiply the area 
 of the bottom by the height of the vessel. 
 
367—370 MISCELLANEOUS RULES. 
 
 To find the area, multiply the square of the diameter by the deci- 
 mal .7854. 
 
 Example — The inside of a cylindrical vessel is 20 inches in diam- 
 eter and the height 8 feet, how many cubic inches does it contain V 
 
 20x20x.7854x36 = 11309.76 
 
 To find the cubical contents of a vessel with rectangular base and 
 vertical sides: Multiply the length and breadth of the bottom by the 
 height of the vessel. 
 
 Example — How many cubic feet are contained in a tank 6 feet 
 long, 4 feet wide and 3 feet deep ? 
 
 6x4x3 = 72 feet. 
 
 367. SQUARE timber- 
 To find the cubic contents of square timber : Multiply the area of 
 
 one end in inches by the length of the log in feet and divide the pro- 
 duct by 144. 
 
 Example — Find the cubical contents of a stick of square timber 
 86 feet long and 20 inches square. 
 
 20x20x36 
 
 = 100 feet 
 
 144 
 
 368. ROUND timber- 
 To find the cubical contents in square timber of a stick of rouud 
 
 timber: Deduct one-third from the mean diameter in inches and mul- 
 tiply the square of the remainder by the length of the log in feet and 
 divide the product by 144. The mean diameter is found by adding 
 the two ends together and dividing by 2. 
 
 Example — Find the cubical contents in square timber of a stick 
 of round timber 26 inches at the larger end, and 22 inches at the 
 smaller end, and 30 feet long ? 
 
 2 4 inches mean diameter. 
 8 one-third deduction. 
 
 1 6 remainder, hence 
 
 16x16x30 
 
 144 
 
 63J feet. 
 
 am SURVEYOR'S MEASURE— 
 
 7.92 inches make one link. 
 
 25 links make 1 rod. 
 
 100 links make 1 chain. 
 
 4 rods, 66 feet, make 1 chain. 
 
 80 chains make 1 mile. 
 
 640 acres makes 1 square mile. 
 
 160 square rods make 1 acre. 
 
 370. OTHER MEASURES— 
 
 A hand is 4 inches, a fathom 6 feet, 120 feet one cable in length, 
 
MISCELLANEOUS RULES. 871-^373 
 
 a cubit 1^ feet, 69| statute or 60 sea miles 1 degree, 5,280 feet in En- 
 glish or American mile, 31^ gallons make 1 barrel, 40 gallons 1 tiercot 
 68 gallons 1 hogshead. 
 
 371. WEIGHTS PER BUSHEL— 
 
 "Wheat 60 lbs., barley 48, rye 56, oats 34, peas 60, corn 56, buck- 
 wheat 48, clover seed 60, timothy seed 48, blue grass 14, beans 40, 
 hemp 44, flax 50, salt 56, dried apples 22, peaches 33, malt 36, pota- 
 toes, onions, turnips, carrots and parsnips 60. 
 
 372. WEIGHTS AND HEATING QUALITY OF WOOD— 
 
 Pounds. Carbon. 
 
 1 cord of hickory, fairly dry weighs 4468 100 
 
 1 cord of hard maple, dry weighs 2864 58 
 
 1 cord of beech, dry weighs 3234 64 
 
 1 cord of ash, dry weighs 3449 79 
 
 1 cord of birch, dry weighs 2368 49 
 
 1 cord of pitch pine, dry weighs 1903 43 
 
 1 cord of yellow oak, dry weighs 2920 61 
 
 1 cord of white oak, dry weighs 1870 81 
 
 1 cord of Lombardy popular, dry weighs 1775 41 
 
 1 cord of red oak, dry weighs 3255 70 
 
 373. METHODS AND RATES FOR SENDING MONEY— 
 
 Registered Letters — The rates for registered letters, addressed 
 to persons in Canada, United States and Great Britain, are five cents. 
 
 Bank Drafts — The usual rate for all amounts up to $100.00 is 2.'> 
 cents; over that amount one-fourth of one per cent. 
 
 Post Office Money Orders — Payable in the Dominion of 
 Canada; limit, $100.00: 
 
 On orders up to $4.00 2 cents 
 
 Over $4.00 and up to $10.00 5 cents 
 
 Over $10.00 and up to $20.00 10 cents 
 
 Over $20.00 and lip to $40.00 20 cents 
 
 Over $40.00 and up to $60.00 30 cents 
 
 Over $60.00 and up to $80.00 40 cents 
 
 Over $80.00 an up to $100.00 50 cents 
 
 Payable in the United Kingdom, United States and all foreign 
 countries and British possessions : 
 
 On order up to$10.00 10 cents 
 
 Over $10.00 and up to $20.00 20 cents 
 
 Over $20.00 and up to $30.00 30 cents 
 
 Over $80.00 and up to $40.00 40 cents 
 
 Over $40.00 and up to $50.00 50 cents 
 
373 MISCELLANEOUS RULES. 
 
 By Express Parcel — Lowest and highest ohari^es aocordiu"' to 
 distance carried for remittances in currency or gold. 
 
 $ 20 or less $ $ .15 
 
 40 or less .20 
 
 50 .25 
 
 •70 25 to .30 
 
 80 25 to .40 
 
 100 25 to .45 
 
 125 25 to .50 
 
 150 25 to .60 
 
 175 25 to .75 
 
 200 30 to .85 
 
 225 35 to .90 
 
 250 35 to 1.00 
 
 300 35 to 1.25 
 
 Larger sums in much smaller proportions. ]\roney packages are 
 delivered, as addressed, within the company's delivery limits of every 
 city and village agency, free of charge. 
 
 Express Money Orders — Payable in United States or Canada. 
 
 For not over $ 5 5 cents. 
 
 For not over 10 8 cents. 
 
 For not over 20 10 cents. 
 
 For not over 30 12 cents. 
 
 For not over 40 15 cents. 
 
 For not ov-er 50 20 cents. 
 
 Payable in Europe. 
 
 For not over $10 10 cents. 
 
 For not over 20 18 cents. 
 
 For not over 30 25 cents. 
 
 For not over 40 35 cents. 
 
 For not over 50 45 cents. 
 
 For amounts exceeding |50 at same rates. 
 
 Telegraphic tranfer of money can be made between all com- 
 panies' agencies with great promptness at the following usual rates, 
 in addition to cost of telegraphic service: $100 or less, one per cent. 
 {no charge less than fifty cents); over |100 to $200, $1.25; over $200 
 to $300, $1.50; over $300 to $400, $1.75; over $400 to $500, $2. For 
 rat(»s for larger sums it is necessary to apply to agents. 
 
Farm Accounts. 
 
 •♦* 
 
 The object of Bookkeopinji; is to reveal the financial condition of the business. 
 This is wliat every cautious business man wants to know. Every farmer should 
 know at the end of each year whether he has made money or lost, how much, and 
 where the gain or lo.ss occurred. 
 
 The following method of Farm Accounts is easily understood, requires but 
 little time to keoji, shows at any day in tiie year just what each crop or kind of 
 stock has cost and produced up to tliat day, and at the enil of the year presents a 
 detailed and accuiate account of the entire; business. 
 
 Only two books are used— a Pei"sonal Ledger and a Cash J'ook. Instead of 
 using the ordinary Day Book, and making entries successively page after page, as is 
 usually done, the work can be wondiM-fully simplified and shortened by the Personal 
 Ledger. Take a Journal, about H by ll* Indies, with double money columns, costing 
 nbout 40 or 50 cents, then use two pages for each account, the left hand for the 
 debtor and the right liand for the credit, as shown in the model. Open a separate 
 account for capital, plant, farm pi-oduce, each kind of grain, the hay, cattle, horses, 
 sheep, poultry, farm expense, garden and oi-chard, house expense, etc. Then, when- 
 ever an entry is to be made, open the Personal Ledger to tlie proper account. Thus 
 every item recorded will be undtM- its own proju-r heading, and no other posting is 
 needed, and no hunting through a Day Book to make out an account. 
 
 For everything except cash transactions, once a week would answer for making 
 the entries, as any farmer could tell Saturday night all that had been done during 
 the week. The cash, however, should be entered at once, as the numerous small 
 expenditures are hard to recall, and particularly where anything is paid or received 
 on account it should be entered immediately. 
 
 The tlrst thing to be done is to take stuck, that is, an inventory of all the assets 
 nnd liabilities. Tlien open 
 
 CAPITAL ACCOUNT, 
 
 and place on the right hand side the total assets, and on the left hand side the total 
 lial)ilities. The difference will be the net capital at conmienccinent. Then open 
 
 PLANT ACCOUNT, 
 
 and enter on the debtor or left hand side the total value of (the farm,) the carriages, 
 plows, harrows, and all other farm implements and machinery, also the working 
 tt'iim and household effects. Next open 
 
 FAHM PRODUCE .\CC0UNT, 
 
 and enter on the left hand side the value of the fotlder and grain on hand. Open 
 accounts also for the cattle, horses, sheep, pigs, |X)ultry, etc., and enter on the debtor 
 side of the various accounts their present values. If there is winter wheat in the 
 ground, open an account for wh.at, charging it for what it cost to put it in. 
 
2 FARM ACCOUNTS. 
 
 r 
 
 Fai-ni rioilueo Account is used to siiiijilify the work. At tlie time of thresh- 
 ing, unless the "jntin is boIU immediately, eicdit each crop for tlie present vuluo of 
 the grain tlireshcd and for the straw, and ch^hit Farm PnxUice for the totaJ. Do 
 tjie same witli the hay as it is cut, also with the roots, corn and potatoes, etc. Then 
 oiedit luirni Produce for all that is sold during the year, taken for family use, or 
 fed to the stock. 
 
 FAKM K.XPKNSE 
 
 Account sliould he caicfully kept. This account should be charged for the taxe<3 
 labor, repairs, keep of working teams, and rent, if the farmer is not the owner of 
 the property, agricultural papers and fairs, nails, glass, etc., but forks, rake.s, 
 shovels, etc., purchased during the year sliould be charged against Plant Account. 
 
 FAMILY EXPENSE 
 
 Account is the hardest of all to manage. Credit Family Expense Account for the 
 female help and the board of the men, at the same prices labor and board run at in 
 ytair community, and charge Family Expense for everything that goes in the house. 
 Where milk is sold, cows should be credited for all the milk obtained, and Family 
 Account debited for the part that is not .sold. When the milk is not sold, the 
 butter shoukl be weighed at each churning, and "cows" credited for the amount, 
 and Family Account debited for the same. In that case it would not be ne ^essary 
 to take any account of the milk used in the family, or of that fed to the calves and 
 pig.s. Of course, by doing this, cows do not get their full credit, and the pigs and 
 calves are not charged for their full cost, but the one balances the other, and it 
 would scarcely pay to follow the process any further. 
 
 Poultry should be credited for all the eggs brought into the house, and 
 Family Account charged. When butter and eggs thus treated are exchanged for 
 groceries or dry goods for the use of the family, it would not be necessary to 
 make any entry, as it is simply an exchange of connnodities. But if nails, lakes, 
 etc., for fann u j, are purchased with butter and eggs, then " Plant," or Farm 
 Expense Account should be charged and Family Account credited. 
 
 A CASH nOOK 
 
 should be kept, and all cash taken sliould be entered on left hand, or debtor 
 side, and all cash paid out entered on the right hand side. The form of Cash 
 Book shown here is very easily kept. 
 
 THE BLACKSMITH AND GROCER. 
 
 If farmei"s knew how much they lose every year by running on credit with 
 their blacksmith and storekeeper, they would pay spot ca.sh, even if they had to 
 Ijorrow the money. 
 
 Where cash is not paid then a Pass Book should be kept with each, and 
 never fail to have it alwayo go to the shop or store to receive every purchase 
 or item of repair. Then when the bill is paid make an entry in the Cash Book, 
 giving the merchant's or blacksmith's name, and state whether it was in full of 
 account, or only a part payment. The Pass Book should also show the payment. 
 These Pass Books should be preserved as well as receipts. In this way it is but 
 little trouble to handle these numerous items as they will be entered in total. 
 If the payment is made in produce, the proper account, as hay or oats, would con- 
 tain the entiy, instead of the Cash Book. 
 
FAH.M ACCOUNTS. 
 
 3 
 
 and 
 
 FAUM r-ABOU. 
 
 T'\ory croj) sliould l»o chai^^ed with tho value of tho labor at tliat season of 
 the year tha^ is bestowed upon it in iJi-epariiig the fjround. cost of seed, harvest- 
 ing, threshing, and marketing. It is not dillicult to lind tlie value of the labor, 
 JUS every fanner knows what ho would have to pay if lie weie hiring a laborer, 
 and his own labor ought to be worth as much as that of a hired man. 
 
 It will be notieed in the model sot wo have, for all the crops, used the first 
 column on the debtor side for tho labor, and tho second, for the value of the 
 seed and nioney paiil out. 
 
 This is done so that at the end of the year, by adfling up that first column, it 
 will be known how nuioh of the labor f)f the men has been charged against the 
 various crops; then the remainder of tho year's wages for yourself and man, if 
 one is employed by the year, should be chai-ged in the Farm Expense Account. 
 
 THE WOIiKINO TEAM, 
 
 proi)erly, should bo classed along with "plant," the f^^ame as the waggons, liai - 
 rows, etc. When this is done, their labor should be charged aganist tlu^ I'ospectivi* 
 crops, and Farm Produce credited for their keeping. l>ut when they are classed 
 as " horses,'' instead of " jilant," the crops are charged fo!- their labor, the sanu^ 
 as in the other case, but " h(irses " are credited for the same. For their keeping. 
 Farm Produce will be credited, and Horses debited. 
 
 INVENTORY. 
 
 At the end of the year an inventory must be taken of all the property, and 
 also the debts, if any exist. Make a list of the pi'esent value of the farm, farm 
 implements, stock, wheat in ground, household furniture, etc. Each of those 
 accounts in your personal ledger will be credited for the amount by wi-iting, in red 
 ink, liy Inventory, ou the credit side, as shown in the model. Then the account.-s 
 are closed. 
 
 CLOSING THE LEDfiER. 
 
 In closing the Accounts leave Capital until last. Commence at the one next 
 to it, writing in the date, Loss and Gain, and the amount of the difference between 
 the two sides, using red ink, (see model). All the Pei-sonal Accounts, Bank Ac- 
 counts, Bills Receivable and Bills Payable would be closed Balance, instead of Loss 
 and Gain. 
 
 Then open a Loss and Gain Account and enter in it all the accounts that have 
 been closed Loss and Gain, Avriting the name of the account, the date of closing and 
 the amount of the difference. Be sure to make the entry on tho proper side of Loss 
 and Gain. The credit side will contain all the gains, and the debit the expenses 
 and losses. Take Wheat Account, for instance, the credit side is th(^ larger, hence 
 .shows a gain. The red ink is on the debit side, and in carrying thai amount into 
 Loss and Gain it goes on the opposite, or credit side, in black ink, (see nK)del) All 
 the accounts similarly are placed on the opposite side to that of the red ink. 
 
 After all the accounts have been closed, except Loss and Gain and Capital, 
 then close Loss and Gain itself into Capital Account. The difference l)etween the 
 two sides being carried over into Capital, in black ink, writing Loss and Gain for 
 the amount. If it is a gain it will be on the credit side, but if a loss it will be ou 
 the debtor side. Then Capital Account is closed by writing on the debtor side, in 
 red ink, To Balance, for the difference between the two sides. This diil'erence will 
 now be your net worth, or capital, at closing. Then this Balance is written, in 
 black ink, over on the credit side, under the ruling, ready for next j'oar's entries. 
 Do the same thing with the Personal Accounts, Bank, Bills Receivable, and Bills 
 Payable. The difference between the two sides of your Cash Book will show the 
 amouiit of money you have ou hand. 
 

 Material for Model Set. 
 
 ^••f 
 
 Stamkoud, April 2nd, 1893. 
 
 .Tuivoo Smitli (•oniinoncocl this diiy to kfop accounts with the business of ln« 
 furiii. He lifis J. M. Henry ('in])loy('(l us faiin lahoi'or by the year, at $12 j>cr 
 month, including,' board and laun(hy, j)ay<d»U! half-yearly. }Ie will also charge the 
 farm the same juice tor his own laboi'. 
 
 His wife has a young woman hired for housework, at .fl.HO per week. Siio 
 will also ehai'ge h'amily JOxjiense tin' same for her own labor. 
 
 Mrs. Smith will keep a Fannly lv\pens(> book, in whicii siie will credit 
 " Poultry for ail tlu; eggs brought in the house, and credit Cattle for all the but- 
 ter made. 'J'hese two items will be charged against Family Expense account every 
 jnonth, or at the end of the year, as may be thought best. The butter aiul eggs 
 that may b<^ exchanged for groceries, or other gootls for family use, will be enteied 
 in Mrs. Sniitl;'s book, but will not be entered in the "Family Exi)ense " account. 
 If, however, such things as forks, lakes, nails, etc., were purchased by the butt<'r 
 and eggs, then " Family Kxjiense " account will be credited for the amount, and 
 *• Plant," or Farm Expense debited for ilie same. 
 
 INVKNTOUY. 
 
 Farm, consisting of 100 acres, valued at $(5,000 ; 10 acres sown with winter 
 wheat, costing for labor and seed, .$G0 ; cash on hand, .$150 Farm implements, 
 consisting of :--l self-binder, $140; 1 horse rake, $15; 2 plows, $30; 1 iron 
 harrow, $20; 1 culti\ator, $10; 1 seed drill, $t0 ; 1 lumber waggon, $40; 
 1 democrat wagg(m, .s.")U : 1 buggy, $75 ; 1 double sleigh, $25 ; 2 nets dou ble harness, 
 $40 ; 1 cutter, $."I0 ; sundry small implements, .$15 ; farm pi-oduce on hand, .$140 ; 
 household furnishings, $G00 ; woi-king team, .$200 ; two y«)ung horses and road team, 
 $."520; 4 cows and young cattle, $215; 25 head of sheep, $125; poultry, .$14. 
 Total resources amounting to $8,.'}54. 
 
 Now enter amounts in their respective accounts, and the cash in the cash book, 
 placing the amount in the .second money column. 
 
 Now open "Capital" account, and place the total on the credit side, $8,.'i54. 
 Next open "Plant" account, and place on the debtor side, .$1,3.'}0, and value of the 
 farm implements, house furnishings, and working team. Enter the .$150 cash in 
 the Cash liook, on the debtor side. Then open real estate, horses, cattle, sheep, 
 farm produce, wheat, and poultiy, and enter the proper amounts on debtor side of 
 each (see modcrl). Your books are now open leady for the year's business. 
 
 A few transactions in connection with the putting in, hai-vesting, threshing, 
 and marketing of each of the crops, except the roots, corn, and potatoes will Ix* 
 given ; also a few transactiovis in connection with the live stock, .so as to furnish a 
 sample entry as a guidfl 
 
 TRAXS.VCnONS. 
 
 Aprl. 4. Sold 1 cow for cash $ 40 00 
 
 " 9. ExchanweU ttt mill, 8 bushels wheat for Hour, @ 90 cents 7 20 
 
MATERIAL FOR MODEL 8ET. 
 
 5 
 
 Apr! 
 
 . 0. 
 9. 
 
 (i 
 
 16. 
 
 (( 
 
 10. 
 
 li 
 
 2'). 
 
 II 
 
 25. 
 
 II 
 
 30. 
 
 II 
 
 30. 
 
 M)iy 
 
 it 
 
 2. 
 
 :i 
 
 
 II 
 
 IS. 
 
 11 
 
 30. 
 
 June 
 
 5. 
 
 II 
 
 5. 
 
 11 
 
 n. 
 
 It 
 
 5. 
 
 II 
 
 5. 
 
 July 
 
 5. 
 5. 
 
 li 
 
 7. 
 
 li 
 
 8. 
 
 li 
 
 21. 
 
 II 
 
 21. 
 
 Au.e;. 
 
 2 
 
 li 
 
 9. 
 
 i( 
 
 9. 
 
 II 
 
 9. 
 
 II 
 
 9. 
 
 11 
 
 9. 
 
 1 
 
 9. 
 
 li 
 
 9. 
 
 li 
 
 9. 
 
 li 
 
 9. 
 
 li 
 
 9. 
 
 li 
 
 9. 
 
 11 
 
 9. 
 
 li 
 
 23. 
 
 li 
 
 23. 
 
 Sept 
 
 11 
 
 4. 
 
 n. 
 
 i( 
 
 25. 
 
 ii 
 
 25. 
 
 II 
 
 25. 
 
 II 
 
 25. 
 
 II 
 
 25. 
 
 Ocfc. 
 
 5. 
 
 «( 
 
 5. 
 
 (( 
 
 5. 
 
 (1 
 
 1 . 
 
 II 
 
 7. 
 
 11 
 
 12. 
 
 «i 
 
 12. 
 
 7) days in proparing oats Rrouiul, @, 1*2.50 12 50 
 
 30 biishols seed oats, («> 30 ceiiLs 9 00 
 
 6 (.lays preparing barley ground, 2 teams 30 00 
 
 20 hushels seed barley, (a' 80 cents Ifi 00 
 
 llought for cash, pair boots for ^elf 3 00 
 
 Paid cash for groceries 1 20 
 
 Paid J. Williams cash for fencing 3 00 
 
 Paid J. Johnson cash for blacksmithing 1 10 
 
 To-day turned cattle, slu'ep, and horses to pasture. 
 
 Feed consumed by cattle, #12 ; sheep, 85 ; horses, ^8 
 
 Sold 5 bushels potatoes, for cash, at 10 cents 2 00 
 
 Paid cash for work in orchard (i 00 
 
 Paid cash for shearing sheep 1 00 
 
 Sold for cash 175 lbs. wool, (i 20 cents 70 00 
 
 Paid J. Johnson cash for blacksmithing 2 ()0 
 
 Paid cash for dry goods for family 5 50 
 
 Paid J. M. Henry cash on wages 10 00 
 
 Paid cash for household e.\i)enses 20 00 
 
 1 days for 2 teams and man making hay 20 00 
 
 Paid cash for hired help in haying 10 00 
 
 Sold for cash 3 loads of hay from Held 10 00 
 
 Remainder of hay crop, estiinatetl at 30 tons, Qi^ ^S -. . . . 240 00 
 
 4 days for 2 teams and men luirvesting wlmal 15 00 
 
 Paid cash for hired help in wheat 00 
 
 2 days for 2 teams and men harvesting barley 10 00 
 
 Paid cash for threshing wheat 12 00 
 
 Labor in threshing wheat 3 00 
 
 Value of wheat crop, 250 busljcls (a 90 cents 225 00 
 
 Value of wheat straw 9 00 
 
 Value of 300 bushels barley, at 00 cents ISO 00 
 
 Value of the straw 1 1 50 
 
 Paid cash for tin-eshing bailey 7 00 
 
 Dvbor for threshing 2 50 
 
 Value of oats, 280 bushels, C" 28 cents 7S 40 
 
 Value of oats straw S 00 
 
 Paid c ish for threshing oats 00 
 
 Labor for threshing oats 175 
 
 Prepacing ground for fall wheat 20 00 
 
 20 bushels seed wheat, (ii) 80 cents 10 00 
 
 Sold 1 hoi-se for cash 103 00 
 
 Sold for cash 18 bushels apples 9 00 
 
 Sold for cash 20 hunbs 40 00 
 
 Paid cash towards church funds 10 00 
 
 Paid cash for county fair exi)en;>cs 8 00 
 
 Sold for cash 30 biuskets peaches 45 00 
 
 Paid cash for household expenses 15 00 
 
 Labor in picking and barreling apples 5 00 
 
 Paid cash for 50 apple Ijariels 5 00 
 
 Paid J. M. Henry balance half-year's wages 02 00 
 
 Sold 50 barrels of apples from orchard for cash 00 00 
 
 Bought for cash 4 head of young cattle 00 00 
 
 Labor in picking apples 15 00 
 
 200 bushels apples put in cellar, valued at GO 00 
 
6 
 
 MATERIAL I'UR MODEL SET. 
 
 Oct. 12. Took stock from pasture, .nnd cluir^iR horses $1'); cattlf, $2."); 
 ii'id shtH'p, !(i«y 
 
 Oct. IG. Puiil cash for taxcH 25 00 
 
 " 29. do ccsh for housuliold <'xitL'ii.Ho.s 20 00 
 
 Dp«. 22. 8ol(l for cash 4 duz. fowls 21 00 
 
 Jan. "). Sold for cash 100 hiisliols wheat (<?, Sf) centt per IiumIic! .ST) 00 
 
 " 5. IJoufrlit, for note at 3 months, liyhb slci;,'li 35 00 
 
 " n. Tial)()r for niiirkctiiig wheat 4 00 
 
 " 5. Paid cash for afjricultiira! ])aper 2 00 
 
 " 5. Paid casli for county anfl cliui-ch paptMs ."00 
 
 •' 19. Hold for cash 250 buslicis barley 17") 00 
 
 JNIar. 10. Sold for cash, 5 tons hay <>0 00 
 
 " MO. Ucccived cash for wniterini,' 2 cattle 20 00 
 
 30. Cost of fodder for wiiiterin-; horses, $120; 30 Cattle, ii^GO ; 
 
 sheep, .f 40 ; povdtry, .*80 SOO 00 
 
 April 2. Paid J. M. Heniy balance of waijes 72 00 
 
 ^Irs. Smith's expense-book shows lloOlbs. buttei-, vahicd at !?257 50, and 
 300 dozen e<fj,'s, valued at ."|00. 
 
 Family Expense account must be credited for the labor of hived girJ, and 
 Mrs. Smith for year, !!?15() ; also, for the Itoard of the man, i)lace at !i?233. 
 
 Farm exjjenso must be debted for thcso amounts. 
 
 Farm expenses nuist aiso be debtiid for wa;,'es of Mr. Smith and the hired 
 man that has not been ciiarged against the various crops, amouniing to §105, 25. 
 
 iNvi;NTonv. 
 
 Farni valued at i?r),000. Farm impU-ments (estimated as at the beginniiiff), de- 
 ducting 10 per cent, for wear, "H^^OH . 50. House furnishin;,'s, $~)\0. Working teajn.s, 
 $200. Other horses, .$350. Thirteen liead of cattle, 83(i0. Forty liead of sheep, 
 5ir200. Poultry, S20. Farm produce on hand, i^lSU. Value of manure, '.^25. 
 
 Now credit each of the aljove accounts " By Inventory," in red ink, for the 
 proper amounts. 
 
 CLOSINff THE I.KDfiKn. 
 
 After crediting the accounts for the inventories, then take the difference be- 
 tween the two sides and ))ut it on the smaller side in red ink, Loss and Gain for 
 all except Bills Payable which closes To Balance, as it is a liability. Carry all 
 those differences into the Loss and Gain account, and then close Loss and Gain into 
 Capital. The difference now between the two sides of Loss and Gain will be your 
 uct gain for the year which in this set is !$979, 20. 
 
m 00 
 
 10 00 
 1\ 00 
 
 ^r) 00 
 
 55 00 
 4 00 
 2 00 
 
 :5 00 
 
 7") 00 
 
 liO 00 
 
 l;o 00 
 
 DO 00 
 72 00 
 ), and 
 
 1, and 
 
 hired 
 2'). 
 
 sliecp, 
 or the 
 
 ce be- 
 in for 
 •ly all 
 II into 
 ! your 
 
 PERSONAL 
 
 LEDGER AND JOURNAL. 
 
Dr. 
 
 PERSONAL LEDGER AND JOURNAL. CAPITAL 
 
 *Apl. 
 
 2 To Ijiilauc 
 
 Dr. 
 
 April I 2 iiOO iici-es of farm aiul orcharil 
 
 • Dr. 
 
 REAL 
 
 m,o6o\ 00 
 
 A pril 
 July 
 
 ,Vu"'. 
 
 *Apl. 
 
 I 
 
 Fodder and grain on hand ' $ 
 
 8 I Hay crop, 30 tons, @ 88 
 
 9 iWheat crop, 250 busliols, (« 90 cents 
 9 " straw 
 
 240 00 
 
 i! ' 
 
 '^ 225 00 
 ! 
 9 00 
 
 9 inarlcy crop, 300 bushels, (a- GO cents ;! 180 j 00 
 
 9 " straw 
 
 9 Oats crop, 2,s0 bushels, g 28 cents 
 
 9 ,Oats straw 
 
 2 To loss and rain 
 
 4 50 
 
 78 ; 40 
 
 ! 
 
 8 ' 00 
 
 FARM 
 
 .fiio oa 
 
 744 
 HI 
 
 1856 
 
 90 
 30 
 
 20 
 
 Dr. 
 
 HORSES. 
 
 April 
 
 2 
 
 May 
 
 2 
 
 Oct. 
 
 12 
 
 1893. 
 
 
 Mar. 
 
 30 
 
 2 2 young horses and road team 
 
 Cost of feed . 
 Pasture 
 
 Cost of fodder for wintering 
 
 * To he wrilten in red ink. 
 
 $ 
 
 
 1 
 
 $320 
 
 8 
 
 00 
 
 
 15 
 
 00 
 
 
 120 
 
 00 
 
 14^ 
 
 
 
 $463 
 
 00* 
 
 oa 
 
 00 
 
oo 
 
 00 
 00 
 
 ACCOUNT. PERSONAL LEDGER AND JOURNAL. 
 
 Cr. 
 
 1892. 
 April 
 1893. 
 April 
 
 1893. 
 April 
 
 2 By yundrios 
 
 2 " Loss and Cain. 
 
 2 Hy Balance — net capital , 
 
 
 
 !?8,354 
 
 
 
 979 
 
 
 
 !$9,333 
 
 
 
 .1^9,333 
 
 00 
 20 
 20 
 20 
 
 ESTATE. • 
 
 *Apl. 
 
 By Inventory 
 
 '.f6,000 
 
 00 
 
 PRODUCE. 
 
 Cr. 
 
 1892. 
 April 
 
 May 
 
 Oct. 
 
 1893. 
 
 Jan. 
 
 Mfi 
 
 :ir. 
 
 ♦Apl. 
 
 9 lExchanged 8 bushels wheat for flour (n 90 c. . 
 
 2 Sold 5 bushels potatoes for cash, (« 40 cents. 
 
 2 .Feed consumed by live stock 
 
 7 jPasturage for stock 
 
 5 Sold for cash 100 bushels wheat (a So cents . . i 
 
 19 |Sold 250 bushels barley @ 70 cents | 
 
 10 jSold for cash 5 tons hay @ $12 i 
 
 30 Received cash for wintering 2 head of cattle 
 
 30 Cost of fodder for wintering stock . 
 
 By Inventory, 
 
 7| 20 
 
 I 
 2 00 
 
 I 
 25 00 
 
 I 
 49 00 
 
 8b 00 
 
 i 
 175| 00 
 
 CO 00 
 
 20, 00 
 
 I 
 
 I 
 228, 00 
 
 205: 00 
 
 $ 850 
 
 20 
 
 $ 856 20 
 
 HORSES. 
 
 Cr. 
 
 Sept. 
 ♦Apl. 
 
 4 jSold 1 horse for cash 
 2 By Inventory , 
 
 " Loss and Cr.in . 
 
 *To be wrilt. ii In red ink. 
 
 $ 105 ' 00 
 
 350 00 
 8 00 
 
 6 403 I 00 
 
Dr. 
 
 
 PERSONAL LEDGER AND JOURNAL. 
 
 FAMILY 
 
 April 
 
 1 
 25 Paid cash for groceries 
 
 $ 1 
 
 20 
 
 $ 
 
 -1 
 
 Jun.6 
 
 5 
 
 " " " dry goods 
 
 5 
 
 50 
 
 
 Sept. 
 •Off-, 
 
 ?,n 
 
 Paid cash towards church funds 
 
 10 
 
 00 
 
 
 
 12 
 5 
 
 200 bushels apoles nut in cellar 
 
 GO 
 3 
 
 00 
 .00 
 
 
 
 1SU3. 
 Jau. 
 
 Paid for county and church papers 
 
 ! ■ 
 
 t 
 1 
 
 Mivr. 
 
 30 
 
 1,150 B)s. butter for season @ 25 cents 
 
 287 
 
 50 
 
 
 
 • 
 
 i< 
 
 300 dozen eggs for season @ 20 cents 
 
 GO 
 
 00 
 
 
 
 <( 
 
 (( 
 
 Wacres of hired trirl paid in cash 
 
 78 
 
 00 
 
 505 
 
 
 
 
 20 
 
 
 
 
 ,$505 
 
 20 
 
 Dr. 
 
 -April 
 May 
 
 •Oct. 
 
 « 
 
 1.S93. 
 Mar. 
 
 *Apl 
 
 2 4 cows and 6 young cattle . 
 
 2 Cost of fodder . 
 
 7 Bought 4 head of cattle. 
 
 13 iPasturage for summer. 
 
 30 Cost of wintering . 
 
 2 'To loss and gain., 
 
 CATTLE. 
 
 II 
 
 : S 
 
 
 $215 
 
 12 
 
 00 
 
 
 GO 
 
 00 
 
 1 
 
 1 
 
 25 
 
 00 
 
 
 GO 
 
 00 
 
 157 
 315 
 
 
 ! $687 
 
 00 
 
 00 
 50 
 
 50 
 
 Dr. 
 
 SHEEP. 
 
 April 
 
 2 
 
 JNIay 
 
 2 
 
 (( 
 
 30 
 
 Oct 
 
 12 
 
 •♦Apl. 
 
 2 
 
 
 
 1 
 
 25 head ' 
 
 $ 
 
 5 
 4 
 
 40 
 
 00 
 00 
 00 
 
 ei?" 
 
 49 
 136 
 
 00 
 
 Cost of feed ' 
 
 
 Paid for shearing 
 
 Pastil nicrp fnr summer 
 
 f 
 
 To loss and cain ' 
 
 00 
 00 
 
 
 *To be written in red ink. 
 
 
 $310 
 
 00 
 
EXPENSE. PERSONAL LEDGER AxVD JOURNAL. 
 
 Cr. 
 
 CATTLE. 
 
 April 
 1893. 
 Mar. 
 
 4 
 30 
 
 *Apl. 2 
 
 I 
 
 I 
 i 
 I 
 
 ( 
 
 I i 
 
 SHEEP, 
 
 Jun? j 5 jSoId for cash 175 lbs wool @ 40c'. 
 
 Sept. 
 ♦Apl. 
 
 20 Sold for cash 20 lambs (« $2 . 
 
 By Inventory , 
 
 •To be wr tten In reii ink. 
 
 Mar. 31 iLabor of female. jj ^jgg i ^^ 
 
 " " |Board of the men \\ 305 | OO 
 
 "*Apl. 2 |By loss and gain 
 
 $ 
 
 481 00 
 . 24 20 
 
 .^505 ! 20 
 
 Cr. 
 
 Sold 1 cow for cash i g 
 
 1 150 lbs. of butter for year @ 25c 
 
 By Inventory 
 
 40 I 00 \[ 
 287 j 50 
 3G0 I 00 
 
 I GS7 I .".0 
 
 SG87 • .")0 
 
 Cr. 
 
 $ 70 
 
 00 
 
 40 ; 00 
 200 00 
 
 310 
 
 00 
 
 $310 I 00 
 
Dr. 
 
 PERSONAL lEDGER AND JOURNAL. POULTRY. 
 
 April 
 1893. 
 Mar. 
 
 2 
 
 30 
 
 2 
 
 30 hens and 10 ducks 
 
 Cost of wintering 
 
 1 
 
 8 
 
 00 
 
 $ u 
 
 8 
 82 
 
 00 
 
 
 To loss and gain 
 
 
 1 
 
 00 
 00 
 
 *Apl. 
 
 
 
 
 
 
 ' $ 104 00 
 
 Dr. 
 
 WINTER. 
 
 April 
 
 July 
 « 
 
 Aug. 
 
 (( 
 
 1893. 
 Jan. 
 
 *Apl. 
 
 2 Cost of labor and seed for 10 acios 
 
 24 '4 days for two teams and men harvesting. 
 
 i 
 
 " iPaid casli for labor 
 
 9 Labor ur tluvshing 
 
 " Paid cash for tlu'csliins: 
 
 5 Labor in marketing 
 
 8 15 
 
 CO 
 
 3 : 00 
 
 00 
 
 2 To loss and gain 
 
 $ 60 
 
 00 
 
 G 
 
 00 
 
 12 
 
 00 
 
 22 
 134 
 
 00 
 00 
 
 $234 
 
 00 
 
 Dr. 
 
 OATS. 
 
 April 
 
 9 5 days preparing gi-ound 
 
 " :30 busliels seed @ 30 cents 
 
 " Paid cash for thresliin<; 
 
 " Libor for thresinng 
 
 *Apl. I 2 To loss and gain 
 
 $12 
 
 50 
 
 
 
 
 
 $ 9 
 
 00 
 
 
 
 6 
 
 00 
 
 1 
 
 75 
 
 
 
 1 
 
 14 
 
 9\ 
 
 1 
 
 
 57 
 
 15 
 
 V 
 
 
 
 
 
 
 $8C, 
 
 40 
 
 Dr. 
 
 PLANT 
 
 1892. 
 April 
 1893. 
 Jan. 
 
 Value of plant as per inventory 
 
 5 Bought light sleigh for note at 3 months , 
 
 •To be wiitti-n in r«d ink. 
 
 e 
 
 35 
 
 00 
 
 $;,330' 00 
 33; 00 
 
 $1,365 ! 00 
 
' 
 
 POULTRY. PERSONAL LEDGER AND JOURNAL. 
 
 Cr. 
 
 Doo. 
 ] SI)3. 
 
 *Ai)l. 
 
 22 |Sold 4 doz. chickens . . 
 
 30 300 doz. eggs for year 
 
 2 Tiy Inventory 
 
 WHEAT. 
 
 Au'.x. 
 
 9 250 bushels valued @ 90 cents 
 " Value of straw 
 
 OATS. 
 
 AU£ 
 
 9 ,280 bushels valued @ 28 cents 
 
 " i «« Value of straw 
 
 ACCOUNT. 
 
 $ 24 
 
 00 
 
 $ 
 
 10 
 
 00 
 
 
 20 
 
 00 
 
 104 
 
 
 1 
 i 
 
 8104 
 
 Of) 
 00 
 
 Cr. 
 
 $225 
 9 
 
 00 
 
 00 
 
 234 
 
 *234 
 
 00 
 00 
 
 
 Or. 
 
 $78 
 8 
 
 40 
 00 
 
 $86 
 
 $86 40 
 
 40 
 
 Cr. 
 
 ♦Apl. -2 
 
 •» « 
 
 By Inventory , 
 
 " Loss and Gain 
 
 *To be written in rod ink. 
 
Dr. 
 
 pi:rs()Nal LEDui-ni and journal, barley. 
 
 April 16 -G days preparing ground — 2 teams 
 
 " IG ' 20 bushels seed @ 80 eta 
 
 July I 24 2 days for 2 teams and men harvesting. 
 
 I 
 Auff. I 9 ' Piiid foi- tliroshing 
 
 9 Labor I'ur tlneshin<' 
 
 i} 30 
 
 
 A pi. 2 To loss and gain 
 
 Dr. 
 
 00 
 
 s 
 
 
 
 IG 
 
 00 
 
 00 
 
 
 
 
 7 
 
 00 
 
 50 
 
 
 
 
 42 
 
 50 
 
 
 119 
 
 00 
 
 
 1 $184 
 
 50 
 
 FARM 
 
 
 ~~ 
 
 April 
 
 25 
 
 (1 
 
 30 
 
 «< 
 
 30 
 
 June 
 
 5 
 
 j 
 
 Sept. 
 
 25 
 
 Oct. 
 
 IG 
 
 1893. 
 
 
 L>ouv;ht jwiir of boots for sc;lf . 
 Paid J. AVillianis for fonciiiLr. 
 
 " J. Johnstm for blacksmithing. 
 
 " county fair expenses . 
 
 Jan. 
 
 Mar. 
 
 " taxes 
 
 5 1 Subscription to agricultural jiapcrs 
 
 30 Wages of J. M. Henry and self not charsfed 
 
 agauist crops . 
 
 1 
 O 3 
 
 00 
 
 $ 
 
 
 3 
 
 00 
 
 
 
 1 
 
 10 
 
 
 
 ' 
 
 CO 
 
 
 
 8 
 
 00 
 
 
 
 '' 25 
 
 00 
 
 
 
 2 
 
 00 
 
 
 
 151 
 
 1 
 
 25 
 
 196 
 
 05 
 
 i 
 
 
 $19G 
 
 05 
 
 Dr. 
 
 GARDEN AND 
 
 May 
 Oct. 
 
 Apl. 
 
 18 Paid cash for work in orchard 
 4 ! Picking and barreling apples . . 
 
 Paid cash for barrels 
 
 Picking apples 
 
 To loss and gain 
 
 * To be written in rod inlc. 
 
 19 
 
 $ 
 
 
 $ 6 
 
 00 
 
 5 
 
 00 
 
 
 
 
 
 5 
 
 00 
 
 15 
 
 00 
 
 20 
 143 
 
 00 
 
 
 
 00 
 
 $174 
 
 00 
 
mm 
 
 ^A?_^?.Yl Pi^RSONAL LEDGER AND JOURNAL, 
 
 All!'. 
 
 Or. 
 
 ^.'JOO btisliols valued C"? CO cts 
 Value of straw 
 
 EXPENSE. 
 
 ♦Apl. 
 
 2 By loss uud gaiu 
 
 ORCHARD. 
 
 $180 
 4 
 
 00 
 50 
 
 184 
 
 50 
 
 84 60 
 
 Or. 
 
 $196 
 
 05 
 
 §196 I 05 
 
 Sept. 
 
 Oct. 
 
 5 Sold foi- cash 18 bushels apples (« 50 cts. . . . 
 
 28 
 
 7 
 
 12 
 
 " 30 baskets peaches @ $1.50 
 " 50 ban-els apples @ $1.20. . 
 
 200 bushels apples put in cellar I GO 
 
 ' To lie wriiten in red Ink. 
 
 
 
 
 Or. 
 
 $ 9 
 
 00 
 
 $ 
 
 
 45 
 
 00 
 
 
 
 60 
 
 00 
 
 
 
 GO 
 
 00 
 
 1 Ti 
 
 /\r^ 
 
 
 
 1/4 uu 
 
 
 
 $174 00 
 
Dr. 
 
 PERSONAL LEDGER AND JOURNAL, 
 
 ""■Apl. ' 2 To loss and gain , 
 
 July 1 5 4 days for 2 teams and men . 
 5 Paid cash for help 
 
 $ 20 ! 00 
 
 HAY. 
 
 $ 
 
 
 10 
 
 00 
 
 20 
 
 00 
 
 220 
 
 1 
 
 00 
 
 i 8256 
 
 00 
 
 Dr. 
 
 Aug, 
 
 WHEAT. 
 
 23 Preparing ground 
 
 23 I 20 bushels seed @ 80 cents 
 
 $• 20 i 00 
 
 16 
 
 00 
 
 Dr. 
 
 BILLS 
 
 ^Apl. 
 
 To BaUmce , 
 
 $ 35 
 
 00 
 
 Dr. 
 
 April. 
 
 (Expenses) 
 
 LOSS AND 
 
 ■* K 
 
 2 To Plant 
 
 2 " Horses 
 
 2 " Farm expense 
 
 2 i " Family expense 
 
 5 " Capital account, net gain , 
 
 •To be written In red IdW. 
 
 $116 
 
 50 
 
 8 
 
 00 
 
 196 
 
 05 
 
 24 
 
 20 
 
 979 
 
 20 
 
 $1,323 
 
 95 
 
EAY. 
 
 TERSONAL LEDGER AND JOURNAL. 
 
 Cr. 
 
 July I 7 j Sold for cash 2 loads , 
 
 6 ' Value of balance of crop, 30 tons 
 
 e 
 
 
 250 
 
 00 
 
 $25() 
 
 00 
 
 WHEAT. (1892-93.) 
 
 ♦Apl. 
 
 2 ; By inventory 
 
 • PAYABLE. 
 
 Jan. I 5 I Gave H. Smith note at 3 months for sleigh, i] 
 
 Cr. 
 
 I $ 35 00 
 
 GAIN. (Gains.) 
 
 Cr. 
 
 i 50 
 
 1 00 
 
 ' 05 
 
 i 
 1 20 
 
 April. 
 
 2 By farm produce 
 
 2 I " cattle 
 
 i 
 «• ! 2 I " sheep •. . 
 
 2 I " poultry 
 
 2 1 " oats 
 
 I 
 
 2 ; " winter wheat 
 
 2 : " barley 
 
 " garden and orchard . 
 " hay 
 
 • To be written In red Ink. 
 
 
 $111 
 
 30 
 
 
 315 
 
 50 
 
 
 136 
 
 00 
 
 
 82 
 
 00 
 
 
 57 
 
 15 
 
 
 13.4 
 
 00 
 
 
 119 
 
 00 
 
 
 143 
 
 00 
 
 
 226 
 
 00 
 
 
 $1,323 
 
 95* 
 
Dr. 
 
 April 
 
 May 
 Juii« 
 
 Aug. 
 
 PERSONAL LEDOER AND JOURNAL. 
 
 CASH 
 
 O.t. 
 
 Dec. 
 
 .J.v.i. 
 i( 
 
 ]\l;ir. 
 
 2 
 
 AmouTit on hand 
 
 
 k 150 
 
 00 
 
 $ 
 
 
 4 
 
 '^old I cow for cash for 
 
 
 40 
 2 
 
 00 
 00 
 
 
 
 " 5 busliels potutoos ((i] 40 cents. . . . 
 
 
 5 
 
 *' 175 lbs. wool @ 40 cents 
 
 
 70 
 
 00 
 
 
 
 #- 
 
 " 2 loads hay 
 
 
 16 
 
 00 
 
 
 
 i i 
 
 n 
 
 " Ilorso 
 
 
 105 
 9 
 
 00 
 00 
 
 
 
 " Aiiplps 
 
 
 
 25 
 
 " -JO liiiiilw (f^, $2 
 
 
 40 
 
 00 
 
 
 25 
 
 '• :W baskets peaches @ $1.50 
 
 
 45 
 
 00 
 
 
 
 12 
 
 " .".0 l)hls. jii)ples Qi] )51.20 
 
 
 GO 
 
 00 
 
 
 
 22 
 
 1 
 
 '' 4 doz. fowls 
 
 
 24 
 
 00 
 
 
 
 
 
 " 100 bushels wheat @ 85 cents 
 
 
 85 
 
 00 
 
 
 
 19 i 
 
 1 
 
 " 'J50 " barley @ 70 cents 
 
 
 175 
 
 00 
 
 
 
 10 
 
 1 
 
 " 5 tons ]:,!y («, -SI 2.00 
 
 1 
 
 GO 
 
 00 
 
 
 
 ••50' 
 
 1 
 
 1 
 
 '• llojci'd .'.;!■ V. inli>r"g 2 head of cattle.' 
 
 1 
 
 20 
 
 00 
 
 i 
 
 $901 
 
 00 
 
 
 
 
 •Ajril 2 To balance brought forward . 
 
 $901 00 
 
 $526 60 
 
BOOK. 
 
 PERSONAL LEPCSER AND JOURNAL. 
 
 Or. 
 
 I 00 
 
 Atu'il 
 
 May 
 
 25 Paid for hoots for self 
 
 25 
 
 30 
 
 30 
 
 18 
 30 
 
 " " groceri«>s i 
 
 *' Jolm Williiiins for foncing , 
 
 I 
 
 •' J. Johnson for hhicksniitliing . . . . 
 
 J into 
 
 
 
 n 
 
 5 
 
 '* 
 
 D 
 
 <i 
 
 5 
 
 July 
 
 •J 4 
 
 AllL,'. 
 
 9 
 
 (• 
 
 9 
 
 i> 
 
 9 
 
 " for woi'k in f)rchard 
 
 " " shouriny sht^op 
 
 " J. .Johnson for bhicksinithing . . . 
 
 " for household expenses 
 
 " " dry goods for family 
 
 " J. Jl. Henry on wages account. . 
 
 " for labor in wheat liarvest 
 
 " " thiTshin.q wheat 
 
 " <• " harloy 
 
 " " " OatSi 
 
 Sept. 
 
 25 i " towards church funds. 
 
 25 I " for household expenses 
 
 " j 25 I " " county fair o.vpeiises 
 
 " J. M. Henry, bal. half year's wajres. 
 
 " for 50 apple barrels 
 
 " " 4 head of young cattle 
 
 " tix 
 
 " for household cxpendrs 
 
 *' " newspapers 
 
 " J. M. Henry bal. of ^\'nges 
 
 Oct. 
 
 1 
 
 5i 
 j 
 
 41 
 
 . 1 
 o 
 
 11 
 
 1. 
 
 11 
 
 16 
 
 11 
 
 29 
 
 Jan. 
 
 5 
 
 April 
 
 2 
 
 (1 
 
 2 
 
 *By balance on hand 
 
 3 
 
 00 
 
 $ 
 
 
 1 
 
 20 
 
 
 
 3 
 
 00 
 
 
 
 1 
 
 10 1 
 
 1 
 
 
 
 G 
 
 00 1 
 
 1 
 
 
 
 4 
 
 00 i 
 
 
 
 2 
 
 60 
 
 1 
 
 
 
 20 
 
 00 
 
 
 
 5 
 
 50 
 
 
 
 10 
 
 00 I 
 
 
 
 6 
 
 00 : 
 
 
 
 12 
 
 00 
 
 
 
 7 
 
 00 1 
 
 
 
 6 
 
 00 1 
 
 1 
 
 
 
 10 
 
 00 
 
 
 
 15 
 
 00 i 
 
 
 
 8 
 
 00 . 
 
 
 
 G7 
 
 00 1 
 
 
 
 5 
 
 00 : 
 
 : 
 
 
 
 GO 
 
 00 ' 
 
 
 
 25 
 
 00 ; 
 
 
 
 20 
 
 00 i 
 
 1 
 
 
 
 ^ 
 
 00 
 
 
 
 ■) 
 
 00 
 
 $374 
 
 40 
 
 
 
 526 
 
 60 
 
 
 $001 
 
 00