lk\
 
 
 

 
 THE 
 
 BUSINESS MAN'S 
 ADVISER: 
 
 CONSISTING OF 
 
 THE BUSINESS MAN'S ASSISTANT 
 
 AND EEADY RECKONER ; 
 
 THE TRADER'S GUIDE; 
 
 AND 
 
 THE LANDLORD'S & TENANT'S 
 ASSISTANT. 
 
 BY I . R. B U.T T S , 
 
 ASSISTED BY MEMBERS OF THE BAR. 
 
 BOSTON : 
 
 PUBLISHED BY I. R. BUTTS, 2 SCHOOL STREET, 
 NEW YORK: 
 
 II. LONG & BRO., 121 NASSAU STREET. 
 
 AM) SOLD BY 
 
 TRAVELING AGENTS THROUGHOUT THE U. STATES.

 
 aito $ 
 
 OF THE 
 
 Business Man's Adviser. 
 
 This Volume comprises three Books, [and contains a large 
 amount of information indispensable to the Man of Business ; 
 and will be found to make a vast saving to every Tradesman's 
 pocket who may be disposed to have so reasonable a Practical 
 Adviser at his elbow. 
 
 The first Book contains a judicious selection of legal Forms with In- 
 structions, and a larger number and variety of useful Tables than are to 
 be found in any other work. 
 
 A glance at a portion of its Contents will demonstrate its great Practical Utility. 
 Rules of Law relating to Contracts, SfC., viz : What is an express, implied, simple, 
 or sealed Contract ? What does a contract require to render it valid 7 When is it 
 void in law 7 If I bind myself not to carry on my trade or business, am I bound by 
 such agreement ? If I promise to pay the debt of another, is such promise binding 1 
 If I bargain for a lot of goods why am 1 not obliged to take them 7 or, why is seller 
 not obliged to deliver them? pp. 10, 11. when does a debt, note, or bill, 
 cease to be collectable 7 When is a contract made on Sunday not void 7 How 
 should a contract be constructed 7 How should contracts be performed 7 What con- 
 stitutes fraud ? How are contracts rescinded 7 How should a tender be made 7 
 When is interest allowed, and how 7 When will an action lie for negligence 7 What 
 are the Liabilities of Innkeepers, Common Carriers, and Agents I pp. 11 to 15. 
 Agreements, several forms of, Why should Contracts be in writing 7 pp. 16 to 19. 
 Apprentice, Indenture of: Laws in relation to. pp. 19, 20. 
 
 Assignments, several forms of Bonds, Contracts, Bills of Sale, Lease, Mortgage, 
 Insurance, Interest in Land, of Debtor, of all Claims against Debtor. pp. 20 to 25. 
 Awards, forms of, pp. 25, 26. What is the duty ol Referees, and how shall they 
 make out and render their award 7 If by Agreement, Bond, or Rule of Court 1 p. 22. 
 Jiills of Sule, cVc., forms of, pp. 27, 28. What is the duty of the seller 7 What is 
 the duty of the buyer 7 Where no price is named, what price does the law allow 7 
 Where is the place of delivery 7 What is a Warranty, and when void 7 pp. 27.28. 
 Bonds, several forms of, Rules of Law in relation to Bonds, pp. 28 to 32. 
 Copartnership, form of, Continuance, Dissolution, c., pp. 32 to 35. How may 
 persons enter into partnership, special or general ? What are the responsibilities of 
 partners 7 How does a person render himself liable as a partner 7 p. 32. 
 
 Compositions with Creditors, forms of, to take a certain per centage. pp. 35, 3G. 
 Cautions to Buyers and Sellers of Real Estate, pp. 37, 38. Which is the most 
 direct way to ascertain the validity of the title 7 By what mode can we ascertain if 
 there be an inciimbranee 7 How should the land be described 7 If the purchaser in- 
 tends to assume the mortgage how should it be stated in the deed 7 or, if a right of 
 way be granted, or reserved 7 How should a Deed be written 7 pp. 36, 37, 38. 
 
 Deeds, of Quit Claim, of Warranty, of Trustee, of Attorney, of Father to Married 
 Daughter to her sole use. of Right of Way, of Personal Chattels to Married Daughter 
 to her own use, of Wife's Real Estate, die. pp. 38 to 45. 
 
 Directions as to the Signing, Scaling, Witnessing, Delivering, Acknowledging, and 
 Recording of Deeds, and the mode of Executing Deeds in all the States, pp. 5,C, 7. 
 E'lsemcnt. How long must I enjoy a privilege before it becomes a right 7 How 
 shall the acquiring of such a right be prevented 7 p. 44. 
 
 L,eases, forms of, pp. 47, 48, 49. What is a Lease and if in wri'.ing how execu- 
 ted 7 In what cases should a Lease be registered, or recorded 7 What cautions are 
 necessary to be observed on taking a Lease 7 p. 8.
 
 4 ADVERTISEMENT AND INDEX. 
 
 Notices, forms of, for Terminating Tenancy, and for Non-payment of Rent, p. 49. 
 
 Wills, forms of, pp. 65, 66. What precautions are to be attended to in making 
 Wills ? What is the nature and execution of Wills ? Who should not be witnesses to 
 a Will ? How many witnesses are required, and how should they subscribe the Will ? 
 Who may make a will ? How may be revoked ? What is a Codicil ? pp. '9. 
 
 Guarantees, forms of, for Goods, for Rent, &c. How should Guarantee be writ- 
 ten in order to prevent its being taken for a continuing Guarantee ? p. 46. 
 
 Mortgages, forms of, Personal and Real, Power of Sale Mortgage, Quit Claim of, 
 Discharge of, Foreclosure of, Rights of Mortgagor and of Mortgagee, &c., pp. 50 to 57. 
 
 Where should a mortgage of personal property be recorded ? Suppose the mort- 
 gagor resides in one town and does business in another ? What time is allowed to 
 mortgagor to redeem ? What State requires that mortgage should be renewed ? How 
 does mortgagor render himself liable for misdemeanor ? How can mortgagee take 
 possession of the estate and eject the mortgagor, though no condition be broken ? 
 When can Real Estate be Redeemed who has the right to redeem ? pp. 50, 61, 56. 
 
 Notes, Bills of Exchange, Due Bills, Receipts, forms of, pp. 58 to 60. If a per- 
 son take an indorsed Note on Demand, within what time should demand for payment 
 be made in order to subjecl indorser 1 When should indorser be notified of Non-pay- 
 ment of Note? When should Bill, or Draft, be presented for acceptance or payment, 
 and what must holder do, on failure of acceptance or payment ? pp. 58, 59, 60. 
 
 Petitions, forms of, to Governor, Legislature, City, Town, Court, &c.,p. 61. 
 
 Powers of Attorney, forms of, to Sell Stock, to Collect Debts, to Sell and Lease 
 Land, to effect Insurance, to receive Dividends, &c., pp. 62, 63. 
 
 Releases, forms of, to release Dower, Legacy, and all Demands, p. 64. 
 
 Proxy, form of, to vote for Directors, Trustees, &c. p. 65. 
 
 Mechanic's Lien Law, with Certificate of Labor, and Form of Oath, pp. 66, 67, 68. 
 
 A Journeyman Carpenter lost six months' wages by not possessing a copy of the 
 Mechanic's Lien Law; another, $ 120. by not recording his Certificate within the 
 time limited; another, $160. by not examining the Records to ascertain if the estate 
 was encumbered. 
 
 Patents. Directions, with Forms of Specifications, Petitions, Assignments, Oath, 
 Withdrawal, Surrender, Disclaimer, Caveat, Improvements, Fees, &c., pp.69 to 74. 
 
 Rules for Measuring Square (or Superficial) Feet, Cubic (or Solid) Feet, Cylin- 
 ders, Cisterns, Reservoirs, and any other Measure, whether dry or liquid, pp. 75 to 77i 
 
 Book-keeping, a Practical System, with Instructions and Examples, suited to the 
 business of Traders, Mechanics, and Farmers, pp. 122 to 124. 
 
 New Rates of Postages on Letters, Newspapers, Periodicals, Books, &c., to all 
 parts of the U. S., Canadas, the British Provinces, England, France, Germany, Italy, 
 Sweden, Turkey, Australia, India, and other Foreign Countries, pp. 121. to 128. 
 
 To which has been added a greater number of useful and practical Tallies than are to 
 
 be found in any other work adapted to the wants of 
 
 Merchants, Manufacturers, Mechanics, F.armers, Brokers, Ship Builders, Boat Build- 
 ers, Machinists, Blacksmiths, Coppersmiths, Masons, Bricklayers, Carpenters, Inn- 
 holders, Boarding Houses, &c. ; Dealers in Lumber, Wood, Bark, Coal, Iron, Cop- 
 per, Brass, Lead, Hay, and Merchandize and Produce generally consisting of Pro- 
 
 Boxes, Packages, and Stones ; Logs reduced to Board Measure ; Tables giving the 
 weight ol Round, Flat, Square Bar Iron of Sheet Iron, Copper, and Brass of Iron, 
 Copper, and Lead Pipes; Strength of Ropes, Chains, and Cylinders; Tables for 
 Measuring Brick Work, of Areas of Circles, Capacity of Cisterns in Gallons; Inter- 
 est, Equation, Gold and Silver Coin Tables ; Foreign Moneys reduced to U. S. cur- 
 rency ; Tables giving the present Expectation of Life, and Value of a Widow's Dow- 
 er ; Administrator's Account TaMc ; Tables of ADVANCE and DISCOUNT on BRIT- 
 ISH STERLING ; United .Stntcs and English RULES for MEASURING the TONNAGE 
 of SHIPS, STEAMERS, and GOODS and many other Tables of practical value. 
 
 The advantages of RK.VIJV I!i < n be readily shown : suppose a Farmer 
 
 waata to know what 19 bushels f corn come to at 43 cents a bushel, or 56 Ibs. of 
 Coffee at 11 cents a lb., or a barrel of Cider at 13 cents a gaL'on : by referring to the
 
 ADVERTISEMENT AND INDEX. 5 
 
 Table at page 117, of the Business Man's Assistant, he will find the price, and so for 
 any number of bushels, or other articles, ranging in price from 1 cent to $3-00. So 
 the Machinist if he wishes to obtain the weight of Flat Bar Iron of any thickness and 
 breadth, or the weight of a Square Foot of various Metals, wire guage thickness, or 
 the weight of Square and Round Bar Iron, can find the information at pp. 95 to 100. 
 
 A Coal Dealer selling or buying a quantity of Coal, which exceeds a certain num- 
 ber of tons by two hundred pounds, turns to ihe Merchandize Ready Reckoner, at 
 pages 115 and 116, and obtains the price of 200 Ibs. or any other number of pounds, 
 at the rate for which he may be selling. So the Dealer in Iron, Hemp, or other 
 Merchandise, will find the Ready Reckoner a useful Table. So the Wood and Bark 
 Dealer will find at pages 93 <fc 94, tables giving the prices of Wood and Bark from 
 1 foot, and upwards; and also the Contents, in Cords and Feet, of any Pile of Wood. 
 
 A Farmer selling 2 tons and 300 Ibs. of Hay at the rate of $23-00 a ton of 2000 Ibs. 
 turns to the Produce Ready Reckoner^ at page 114 of the Business Man's Assistant, 
 and finds the price of 300 Ibs., or any number of pounds, at the rale of $23-00, or 
 other price per ton, much quicker than any Clerk could calculate it. 
 
 The second Book is devoted principally to the Laws of Trade. The 
 following letter from a gentleman, whose business experience has qualified 
 him to give a correct opinion, shows in what estimation he holds the work. 
 
 from Hon. Amosa Walker, Secretary of State. 
 
 Dear Sir, My attention has been recently called to your little work, en- 
 titled " THE TRADER'S GUIDE." The impression it has made on my mind 
 is, that had I been in possession of such a Work, when I was a business man. 
 it would have been of great use to me. I can now see that I groped on blind, 
 ly and encountered many losses and embarrassments, which an acquaintance 
 with your book would have saved me. 
 
 It certainly, I think, ought to be in the hands of every person engaged in 
 trade, and I commend it to the attention of all such. Clerks who wish to qual- 
 ity themselves for usefulness to their empToyers, and for success when they 
 shall undertake business for themselves, would, I am sure, do well to make 
 themselves familiar with " THE TRADER'S GUIDE." 
 
 The following introduces the Reader to a portion of its Contents. 
 
 How should Books be kept to allow of their admission as evidence ; and what ef- 
 fect have erasures or interlineations ? &c. See Trader's Guide, page 7. 
 
 When is a Receipt in full of all demands conclusive evidence ; and when is it not T 
 What is Ihe effect of a release ; and how should it be executed, and what does it 
 discharge ? See Forms of Receipts and Releases at pp. 8 it 9. 
 
 What is the Advantage and Mode of Doing Business with Banks ; and which is 
 the safest mode of remitting money to distant places ? pp. 10 & 11. 
 
 How should a note or draft be indorsed in order to avoid all liability ? How in 
 favor of a particular person ? How as an Agent ? p. 12. 
 
 Description of, and Parties to, a Bill or Note ; Forms of Notes and Bills, pp. 12 15. 
 
 What are the requisites of a Bill or Note ? What constitutes the validity of a Note t 
 When is it void ? What is the effect of taking a Bill or Nole after it is due? pp. 16, 17 
 
 When should Bills be presented for acceptance ? How, where, and to whom 
 should a Bill be presented for acceptance ; if drawee should not be at home, or have 
 left the country ? And how accepted? What is the liability of acceptor if bill be 
 forged ? &c. How is bill or note accepted for Honor ? pp. 18 to 22. 
 
 How should note be indorsed ; and what is the liability of Indorser T p. 23. 
 
 How must Bill or Note be presented for Payment if the Maker be dead, insolvent, 
 or has absconded ; if no place of payment is specified in the note ; if note is dated in 
 one State and maker resides in another ; if maker has removed into another State bo 
 fore maturity of the Note ; if the maker is on a voyage, &c. ? What will excuse non 
 presentment ? Will accommodation, waiver, assignment, or promise ? pp. 24 to 27 
 
 When should note on demand be presented for payment in order to subject the in- 
 dorser? When must demandlje made if note is on interest ? To whom should 
 payment of note be made ? Against whom can action be brought ? pp. 27 dt 28. 

 
 6 ADVERTISEMENT AND INDEX. 
 
 What States allow of days of grace on sight drafts ? p. 28. Why should notice 
 of non-payment of note be given to indorsers ; and when, and by whom when liv- 
 ing in the same town, or in the country ? pp. 29, 30 & 31. 
 
 When is want of Notice excused; what is the Form of Notice; and why is a Pro- 
 test of a Note or inland Draft not required by law ? pp. 31 to 34. 
 
 Suppose a Rill or Note is lost, or stolen, or altered, or forged, what is the remedy? 
 What are the liabilities of holders of Checks ? See pp. 34, 35, 36. 
 
 What are the legal damages on Protested Bills of Exchange, as established by 
 Statute, in all the States ? pp. 37, 38. 39, 40. 
 
 What is the penalty for taking usurious interest, and how enforced ? p 41. 
 
 What is a. Contract! How must a simple Contract be proved ? Who is capable 
 of entering into a Contract ; and in what cases can a Minor. Wife, or Seaman 7 p. 42. 
 
 Suppose a person bays goods to the amount of 10., or a larger sum, how can 
 he avoid taking them ? If I contract to do any certain thing, for instance, let a house 
 for more than one year, how can I avoid the contract ? If I make a special promise 
 to pay the debt of a person, how can 1 avoid the promise ? pp. 45, 47. 
 
 On what foundation should a Contract be based, in order to render it valid ? 46, 48i 
 
 Mr Smith owed Mr. Stock $300, anf | being desirous of going to California, gol 
 Mr Twist to be his surety. Twist consented, and gave Stock the following: 
 
 "NKW YORK, July 27, 1852. As my friend. John Smith owes you three hun- 
 dred dollars I will pay you that sum for him on the first Aa.y of September next. 
 $300. TIMOTHY TWIST." 
 
 When Stock presented the above for payment Twist refused to pay, and referred 
 him to p. 48 of the Trader's Guide for further information. 
 
 If 1 agree to sell a lot of land for a certain price, (even before witnesses,) how can 
 1 avoid the bargain ? If I recommend a person as being worth money, or of good 
 character, and ample ability to pay his debts, &c., do I incur any liability by reason 
 of such, recommendation ? When do I not incur any liability ? pp. 45, 46, 47, 48. 
 
 If I cmplov a person to transact any business for me, or perform work, how much 
 does the law require that I should pay him ? If I pay money under a mistake, can 1 
 recover it back 1 If 1 voluntarily undertake to do an act for another, such as carry- 
 ing money, or a bundle of goods, &c., am 1 liable if loss or injury occur ? If I sell 
 bad meat or vegetables, am I liable for damages ? If any one cheat me what is my 
 remedy ? When is silence construed into an agreement 1 If I sell an estate, why is 
 not the purchaser bound to confirm the bargain ? pp. 51, 52 & 53. 
 
 What constitutes a Sale and Delivery of Goods ? Suppose the goods are not count- 
 ed or weighed, and before delivery are destroyed, on whom falls the loss ; or part of 
 the goods are prepared and then destroyed, how is the loss settled ; or to be manufac- 
 tured, docs any property in the articles pass to the purchaser ? How can you clinch 
 a bargain 1 VVhose duty is it to deliver the Goods, and where is the place of delivery, 
 and at whose risk are they ? pp. 53, 54, 55, 56. 
 
 What constitutes a Warranty of Goods ? Suppose I expressly warrant the Goods, 
 or only ^ r ivc a general warranty, what is the buyer's remedy? Does an express 
 warranty extend to all faults unknown to the seller ? -If I warrant the soundness of 
 a horse, am I liable though there be defects ? What is the liability of one who hires 
 or borrows ? When is a Bill of Sale evidence of Fraud ? pp. 57, 58. 
 
 In what cases can I avoid the fulfilment of a Contract ? Suppose a person obtains 
 goods upon a false representation, how shall I proceed to obtain payment, or, how 
 shall I prove that he made a false representation ? pp. 59, 60. 
 
 When can payment be demanded where no stipulation is made, &c.? When can 
 Interest be claimed ? on goods sold and delivered ; on an implied or express contract , 
 on a note payable on demand ; on an open and running account ; on an agreement ; 
 from an agent? What is the Rule or Court for computing Interest? p. 61 to 63. 
 
 When does an Account, Bill or Note, cease to be collectable ? If upon open and 
 mutual accounts ? If the debtor is out of the State ? If he make a new promise to 
 pay, why is not such promise binding ? or, if part payment is made, &c. ? pp. 64, 65. 
 
 What is the object of a Truster nd who is liable ? pp. 65 & 66. 
 
 How is a Suit at Law commenced ? What Omuls, or other Articles, is it unlaw- 
 ful for Sheriff to Attach ? In v. an Officer allowed to break open Doors or 
 Windows of a Dwelling-home, an<l in what cases is Ifenot? When is an Arrest ille- 
 gal ? What is the Liability of an Attorney to his Client; if he neglect Client's inter-
 
 ADVERTISEMENT AND INDEX. 7 
 
 est; if Client be injured by his fault or negligence ; if he neglect to pay over money 
 when collected ; or remit it on demand 1 What are the liabilities of the Sheriff, if 
 he neglect to pay over money ? If Debtor refuses to pay his Debts, what are the Cre- 
 ditor's Remedies at Law, in each of the Slates ? pp. 67,68, 69. 
 
 What are the Remedies of the Creditor, and Means of Enforcing Payment from 
 his Debtor, by attachment, by arrest, by trustee process, &c., in all the States, and 
 in England and France ? What Goods, and Furniture, and Amount, does the Law ex- 
 empt from attachment ? How can a person secure a Homestead 1 pp. 67 to 101. 
 
 What Defence can Debtor make to the Debt ? pp. 102 & 103. 
 
 What is an Affidavit, and how made against a non-resident debtor ? How made 
 for goods sold and delivered ? How made by clerk ? How made for other pur- 
 poses ? pp. 103 & 104. ' 
 
 How is a Deposition taken ? What are the general provisions of the laws n re- 
 spect to Insolvency ? How is Oath administered ? pp. 105 & 106. 
 
 What benefit accrues toCreditorby an acknowledgment of Debtby Debtor? p. 107. 
 
 What are the benefits resulting from Arbitration ? See Form, &c. p. 107, 108. 
 
 How are Goods Replevined ? What is an Off-set, and how shall a debt or demand, 
 or note on dftnand, or execution be off-set, or set-off, against another ? What is Le- 
 gal Tender, and how may it be made ? If tender is not accepted what is debtor's duty ? 
 To whom may tender be made? What must tender include besides the debt? p. 109. 
 
 What are the Rules of Law in relation to Liens, Guarantees, General and Limited 
 Partnerships, Liability of Partners, Bankruptcy, Dissolution, &c.? pp. Ill, 112, 113. 
 
 Letters of Credit, see Forms of, p. 1 1 1. 
 
 What is Husband's Interest in Wife's Personal and Real Estate? What his In- 
 terest in Debts due the Wife ? What his Liability for her debts before Marriage? 
 What his Liability to maintain Wife ? What title has Wife in Husband's Estate ? 
 What will bar Wife's Right to Dower ? What will annul a Marriage ? What may 
 Dissolve a Marriage ? What are the Powers of Husband, &c. ? What are the 
 Separate Rights of Property of Married Women in all the States ? p. 114 to 118. 
 
 The usual Charges of Attorneys for Advice, Drafting Legal Instruments, Writs, 
 Trustee Process, Cnarges where Plaintiff or Defendant Prevails, for Arguing a Case, 
 for Preference. Commissions for Collecting Money, &c. op. 119, 120. 
 
 The Third Book embraces the Laws relating to the LEASING OF HOUSES, 
 STORES, LAND, &c. It is a Book in which Landlords and Tenants will 
 find their Rights and Liabilities clearly set forth. '-We doubt, if there is a 
 Landlord or Tenant who has not, from sheer ignorance of his Rights, as this 
 Book shows them to him, lost money enough to buy a thousand copies." 
 
 The following Is a portion of its Contents. 
 
 INTRODUCTION. 
 
 What is a Lease or Demise ? What is a Tenancy from year to year ? Is a Ten 
 ant bound to keep the House Wind ;ui<t Water tight, and to Repair Windows and 
 Doors? Tenancy at Will, and how may it be determined ? If a tenancy at Will 
 be determined by the death of the landlord, or the sale of the property, or by 
 leasing the premise-; by a lease in writing, how may tenant be removed from the 
 premises ? What is a lenant at. SuiFeranre. and how can lie be ejected ? pp. 5, 6, 7. 
 
 What are the liabilities of a landlord who lets furnished lodgings, if the furniture 
 is unfit for use, or the house is encumbered with a nuisance, or the beds infested 
 with bugs ? What arc his liabilities if he lets rooms or apartments in house or store ? 
 Is he bound to keep the Roof and Walls of the building ti^ht ? Is lease determined 
 if building be destroyed by fire ? What if he lets the whole house or store ? What is 
 the law respecting Repairs, Water, Waste ? What are the Landlord's Rights ? Who 
 is most favored in Law, Landlord or Tenant ? pp. 8, 9, 10. 
 
 CHAPTER L 
 
 How is a tenancy created 7 What form is required for an Agreement 7 What is 
 an implied tenancy ? What is the effect of holding over the term, with or without 
 the consent of the landlord? What are the liabilities of joint tenants? pp. 11 to 13.
 
 ADVERTISEMENT AND INDEX. 
 
 What is a Lease ; how should be written; how renewed; what if it be intended 
 that tenant shall pay taxes, rebuild in case of fire, keep premises insured, underlet, 
 or assign 7 Can a tenant at Will make a lease 1 pp. 14, 15. 
 
 By whom can lease be made, if there are several owners, if an idiot, if a minor, if 
 married woman 7 To whom can lease be made 1 How by an attorney ? pp. 15, 16. 
 
 What Rights does a Lease vest in a Tenant ? If Lease be made by an Agent or 
 Attorney j in whose name should it run ? Should Lease be Dated, Sealed, Witness- 
 ed ; ana in what cases Acknowledged and Recorded 7 If a Lease is made for a Term 
 of Years what does the Statute require 7 pp. 17, 18. 
 
 What are the usual covenants in a lease? What words are usually made use of 
 in leases ? How does the term commence, and continue 1 At whose option is lease 
 to determine when made for three, five or seven years ? Who is to pay all the tax- 
 es, or half the taxes ? How are the parcels to be described ? pp. 18 to 23. 
 What is a Reservation of Rent, and what the form of Words 1 p. 24. 
 If premises are destroyed by fire or other casualty, why will the tenant not be ex- 
 empted from paying rent ? If building be cut off by city, what is the remedy 1 p. 25. 
 How is Tenancy dissolved ? How is Tenancy Forfeited ? How must landlord 
 make demand of rent, when, where, and upon what place ? How, when and where, 
 can tenant make a tender of the rent. pp. 25, 27. 
 
 What constitutes a waiver of forfeiture ? How is a Dissolution of Tenancy made 
 by Surrender T Does tearing up the lease by mutual consent, operate as a surren- 
 der 7 What evidence is required to prove a surrender ? pp. 28, 29. 
 
 When is a Landlord's Notice to Quit required, and what amount of time is neces- 
 sary to be given ? When tenancy is to end at a certain day, what is required 7 
 When and how should a Tenant give Notice to Quit ? pp. 29, 30, 31. 
 
 What is the form and serrice of Notice, and what the Condition of parties at the 
 end of notice to Quit, and on holding over ? pp. 31, 32, 33. 
 
 When is notice to quit by tenant unnecessary ? After the Tenant has quit the 
 premises, what are his rights of Egress and Regress ? pp. 33, 34. 
 
 What right has Farm Tenant to Emblements, and what belongs to him at the end 
 of Tenancy 7 What are the Rights and Liabilities of outgoing Tenants? What 
 Fixtures can be removed by Tenant at the end of Tenancy ? pp. 34,35. 
 
 What are Landlord's Fixtures,- -what Domestic Fixtures, what Trade Fixtures, 
 what Farm Fixtures, what Heir's or Executor's Fixtures ? pp. 36 to 38. 
 
 Why has the tenant, on leaving the premises, no right to remove trees, flowers, 
 &C.. which he has planted ? When has he a right to do so ? p. 38. 
 
 Kepairs, by whom to be made when Letting is by written Lease? The subject of 
 Repairs is one that gives rise to more disputes between Landlords and Tenants than 
 any other, from the fact that there is no subject respecting which landlords and ten- 
 ants are so ignorant. 
 
 An opinion generally prevails, that a landlord, in letting a house, impliedly cove- 
 nants that it is in a fit and proper state for habitation, and that he is bound to keep it 
 BO during the term. The whole law upon this subject has lately undergone a careful 
 examination in England ; and in a case lately tried in this State the opinion of the 
 English Court has been sustained. See Decisions at pp. 2 & 39 to 44. 
 
 No tenant or landlord should neglect making himself acquainted with a subject so 
 fruitful of litigation and loss ; when a trifling expenditure may save him more vexa- 
 tion and expense than the cost of a thousand copies of this.book. 
 
 The subject of Water is another source of difficulty between Landlords and Ten- 
 ants. Some tenants supposing the failure of Water a sufficient cause for vacating 
 the premises, and that the landlord is bound to keep them supplied with water during 
 the tenancy. See law in relation to this subject at pp. 44 & 45. 
 
 In what cases does tenant commit Waste and thereby forfeit his lease 7 What if he 
 does not keep premises in necessary repair ? or suffers the glass windows to become 
 broken? or digs up the land ? or alters the rooms ? &c. pp. 45, 46. 
 
 How are the relations of tenant affected by assignment of his lease? or by bank- 
 ruptcy 7 How is rent recoverable 7 pp. 47, 49. 
 
 WHAT ARE THE LANDLORD'S REMEDIES AGAINST TENANT 
 for USE and OCCUPATION? Suppose there was a verbal Lease, but Tenant 
 never entered ? If Tenant took possession for a time, however short, is he liable for 
 the whole Term ? Suppose there is no Lease, or Agreement for a Lease, or Pay- 
 ment of Rent, what compensation is Landlord entitled to ? How does a Tenant for
 
 ADVERTISEMENT AND INDEX. 
 
 feit his Lease 7 How does Landlord Waive a Forfeiture 7 What Repairs can Land- 
 lord require Tenant to make 7 p. 50. 
 
 When is Tenant compelled to Rebuild the Premises should they burn down 7 Sup 
 pose Tenant Assign, Underlet, Carry on Trade, what is Landlord's Remedy 7 How. 
 when, where, and of whom, must Landlord demand Payment of Rent 7 When and 
 where can Tenant make a Tender of Rent 7 pp. 51, 52. 
 
 WHAT ARE TENANT'S REMEDIES AGAINST LANDLORD 7 Sup- 
 pose the Premises should be Leased or Sold, and the Tenant evicted (dispossessed 
 of House, or Store), before Rent Day, can Landlord Recover any Rent 7 Suppose 
 he is deprived of part of Premises, can Landlord Recover any Rent 7 Suppose the 
 Tenant Quits before Rent Day, and the Landlord Lets the Premises, can tne Land- 
 lord Collect any Rent 1 If the agreement (o pay Rent on the part of the Tenant be 
 Conditional, merely upon the Landlord's doing something to the Premises, which con- 
 dition is not complied with, can Landlord Recover any Rent 7 If Landlord in re 
 pairing House, or Store, subjects the Tenant to great inconvenience, can Landlord 
 Recover Rent 7 If Tenant Quits before Rent Day. and Landlord accepts the Key, 
 can Landlord Collect any Rent 7 If Tenant Quits' the House before the Termination 
 of the Quarter, with Landlord's assent, is he compelled to pay any Rent 7 p. 52. 
 
 CHAPTER 11. 
 
 DIVISION FENCES. Is a Tenant bound to repair the Fences 7 What arc the 
 obligations of Tenants of adjoining lands to maintain Division Fences 7 How can 
 owner of Cattle protect himself againet trespass if his cattle are found on another's 
 land ? when can he not 7 Can the owner of a close compel the owner of an adjoining 
 close to make and maintain a division fence ? pp. 53 to 56. 
 
 When are persons equally bound to repair a Party Wall 7 When a Wall, or Fence, 
 stands one half on my land and one half on my neighbor's, in what condition are we 
 placed, and what are our obligations ? &.c. p. 56. 
 
 If the owner of a house pulls it down and removes the foundation in what relation 
 does he stand to his neighbor's house 7 If the walls of his house stand wholly on his 
 own lot 7 or the beams of the house rested upon the wall pulled down 7 p. 57. 
 
 \VIIAT IS A NUISANCE, and who may Sue for Damages occasioned by a 
 Nuisance? Against whom can action of Nuisance be brought? What if the owner of 
 a Mill cause the water to overflow the meadow ? or one raises his building so high as 
 to obstruct his neighbor's lights ? or landlord leases premises which lie knows win 
 produce a nuisance 7 or will end in one 7 or a landlord let out a block of houses with 
 a common privy 7 or a man purchase premises with an existing nuisance upon them 7 
 or a contractor cause a nuisance 7 &c. p. 57, 58, 59. 
 
 The cases in which Nuisances to Houses and Lands exist are extremely numerous. 
 See pa^es 5'J to 6 1. Suppose a person builds a house so near mine, that the rain 
 water is thrown on my land 7 or builds a house so as to interrupt the enjoyment of 
 my lights 7 or intercepts my prospect 7 or erects a fence which obstructs my lights 7 
 or opens a window overlooking my privacy 7 or erects a privy, or keeps his hogs or 
 or other animals, or carries on an offensive trade near my house, or sells grass on his 
 land, or obstructs my way, or stops or diverts water, or floods mills 7 <fcc. In which 
 of tin- above cases have I any remedy, and in which not ? <fcc. pp. 5!) to (1'J. 
 
 How shall a Nuisance be abated? When a person has determined what is a nui- 
 sance in a legal sense, what is his remedy, and how shall he rid himself of it 7 62, 63. 
 ,'/iee or Carelessness. If I pull down and remove the foundation of a build- 
 ing, or part of the footing of one of the walls, what am I required to do ? How must 
 a man use his own property 7 What if a man in excavating his own ground causes 
 the fall of my house, have 1 any remedy, and if so. what ? Suppose I hive an opening 
 in the pavement, and one is injured by it, how shall I bo mad MI unteiiced 
 
 area in front of my house ? or a hay rick near my neighbor's lion^e. 7 &c. pp. 63. 61. 
 How may I^btain a Right of IVay ore/' another's Land? If for agricultural pur- 
 poses, or to carry manure 7 What docs such a ri^ht confer? Where h;ive I a right to 
 enter and come out 7 What is a misuse of the right of way ? What peculiar right has 
 the grantor 7 What can a person having a right of way lawfully claim 7 When no di- 
 mensions of a way are expressed, what does the law allow ! Whose duty is it to 
 keep the way in repair .' pp. 64, 67. 
 
 How long can one enjoy a privilege before it becomes a right ? What must be shown 
 by the person enjoying such privilege to enable him to support his claim of right of
 
 10 ADVERTISEMENT AND INDEX. 
 
 way ? SUppose one claim a right of waJy by necessity, to what is he entitled ? How 
 is one bound to use a right of way ? Highway. Where land is taken for a high- 
 way, what rights does the owner part with 1 What rights does he retain 1 pp. 65, 66. 
 
 Running Water. How shall a man use the water which passes through his land ? 
 How shall he not use it 1 How may Mill owners use the water ? What is their com- 
 mon and equal rights 1 What time and itse gives one the exclusive right to the water ? 
 Does priority of occupancy, or change in the use, create or violate a right 1 p. 67. 
 CHAPTER III. 
 
 This Chapter, (from pages 68 to 97) is devoted to such Statutes of the several 
 States, as relate to the RIGHTS and LIABILITIES of .LANDLORDS and 
 TENANTS, the Modes of Ejectment, Determining Tenancies, &c. 
 
 CHAPTER IV 
 
 Contains Forms of an Agreement for a Lease ; Lease of a House ; Lease of 
 Rooms in House, with Privileges ; Lease of Store, with Guarantee of payment ; 
 Lease of Furniture, or Goods; Lease of House, or Store, with full Covenants and 
 Guarantee of Payment of Rent (this is a form of Lease which a Careful Landlord 
 will use) Lease of Farm on Shares, pp. 99 to 104. 
 
 SPECAL COVENANTS. Covenant that house is in tenantable condition 
 Covenant that house shall so continue Covenant that Tenant shall be kept supplied 
 with Water Covenant that Landlord shall keep House in Repair Covenant that 
 Tenant shall keep House in Repair Covenant that Tenant may extend the Lease 
 Covenant for Quiet Enjoyment, when Premises are Mortgaged Covenant respect- 
 ing the emptying and cleansing of Drains, Privies, and Cesspools Covenant to pay 
 the Water Assessments, and all damages arising from the same Covenant against 
 Fire and other damages Covenant to Terminate Lease at any time during the 
 Term Covenant not to sell Intoxicating Liquors on premises Covenant not to use 
 Camphene, &c. Covenant to mend Glass Windows Covenant to eject Tenant 
 CoTemant to pay, or not to pay, taxes Covenant to give Security in case of Insolven- 
 cy Covenant to pay proportional amount of Taxes Covenant as to the safe keeping 
 of Ashes Covenant not to carry on offensive Trade Covenant to Suspend Payment 
 of Rent Covenant to Paper and Paint House, &c. pp. 105, 106. 
 
 Notice to Determine Tenancy, by Landlord, and by Tenant. Notice to Quit for 
 Non-payment of Rent. Assignments of Lease. Surrender of Lease, pp. 107, 108.

 
 
 

 
 DECIDEDLY THE MOST USEFUL AND THE CHEAPEST BOOK 
 EVER OFFERED TO THE PUBLIC. 
 
 THE NEW 
 
 BUSINESS MAN'S 
 
 ASSISTANT,- 
 
 AND 
 
 READY RECKONER, 
 
 * 
 
 
 FOR THE USE OF 
 
 CONSISTING OF 
 
 LEGAL FORMS & INSTRUCTIONS 
 
 INDISPENSABLE IN BUSINESS TRANSACTIONS; 
 
 TOGETHER WITH A 
 
 GREATER VARIETY OF USEFUL TABLES THAN ARE 
 TO BE FOUND IN ANY OTHER WORK. 
 
 BY I. R. BUTTS, 
 
 Author of the " Trader's Guide," " Merchant Shipper's & Common Carrier's Assistant," 
 "Landlord's and Tenant's Assistant," "Laws of the Sea,"&c. 
 
 SOLD BY AGENTS. AGENTS SUPPLIED BY 
 
 I. R. BUTTS 2 SCHOOL STREET, BOSTON. 
 H. LONG & BRO., 121 NASSAU STREET, NEW YORK. 
 
 1856.
 
 PREFACE. 
 
 THIS work is prepared for the use of Merchants, Mechanics, 
 Farmers, and business men generally. Its object is to furnish 
 them with a Collection of the most useful FORMS of CONTRACTS 
 and LEGAL INSTRUMENTS which occur in business transactions, 
 and such INSTRUCTIONS and RULES of LAW in relation to them, 
 as will enable persons of ordinary capacity, to write and execute 
 their Agreements, Deeds, &c., without applying to an attorney. 
 
 In addition to its value as a Legal Manual it contains a greater 
 number and variety of practical Tables than are to be found in any 
 other work ; among which are Tables for Lumber Dealers, Ship 
 Builders, Wood Dealers, Iron Dealers, Coal Dealers, &c., giv- 
 ing Board, Plank, and Timber Measure, Timber and Saw Logs re- 
 duced to Inch Board Measure, Scantling, Log Measure, &c. ; Bark, 
 Wood, and Coal Measure; Stone, Box, and Package Measure; 
 Iron, Copper, Brass, and Lead Measure; Iron, Copper, and Lead 
 Pipe Measure; Produce, Merchandize, Wages, Wood, Coal, Hay, 
 and Bark Ready Reckoners, &c. ; Interest, Equation, Gold and 
 Silver Coin Tables, Administrator's and Executor's Tables, &c. 
 
 Also, a System of Book-keeping, with Instructions and Examples, 
 suited to the Business of Traders, Mechanics, and Farmers. 
 
 Also, the Rates of Postages within the U. S. r to*<he British Pro- 
 vinces, and all places in Europe, Asia, Africa, and America. 
 
 Also, Directions to Applicants for Patents, with Forms, Fees, &c. 
 
 Also, Mechanic's and Laborer's LIEN LAWS ; &c. 
 
 This edition comprises a large number of valuable Forms not 
 before given to the public with much information indispensable 
 to business men. 
 
 There can no where be found so comprehensive a compend of busi- 
 ness forms and/ac/s for every day use, as this valuable Assistant. 
 
 The undersigned, having examined the " BUSINESS MAN'S AS- 
 SISTANT" and the ' TRADER'S GUIDE," find ther" -'*'- 
 auxiliaries in business transactions. 
 
 Hon. Ama.sa Walker, 
 
 Hon. Marshall P. Wilder, 
 
 Josiuh Bradlee &. Co. 
 
 Joshua Sears, 
 
 P. & J. P. Hawes, 
 
 Thos. Gray & Co., 
 
 John S. Blake, 
 
 Edw. D. Peters, & Co., 
 
 Shnpleigh, Kelsey &. Co., 
 
 Fisher & Co., 
 
 HD non, Hall & Co., 
 
 Haywurd, French, & Fuller, 
 
 Gen. John S. Tyler, Ins. Broker 
 
 Addisnn Child, Com. Merchant, 
 
 John Tyler, Auctioneer, 
 
 Coolidge, Gray, & Furuess, do. 
 
 WhitwelU &. Scaver, do. 
 
 Horatio Harris &. Co., Auct'rs. 
 
 H. Ainmidown It Co., 
 
 Welherell, Sione, & Wood, 
 
 Tufts &. Hunting, 
 
 Jas. R. Bailey, 
 
 W.J. Whiiney, M. D. 
 
 T. J. Lobdell, Esq. Slock Bro., 
 
 D. F. Child, Trees. B.L. Works, 
 
 W. E. Coffin, Tr. Pern. Iron Co., 
 
 Chas. Hay ward, Notary Public, 
 
 Wm. H. Prentice &. Son, 
 
 Horace Scudder & Co., 
 
 R. Foster & Co., 
 
 Smith &. Lougee, 
 
 Paul Curus, 
 
 J. H. Munroe, 
 
 Nath'l Brewer. 
 
 Entered according to Act of Congress, in the year 1852, 
 
 BY I. R. BUTTS, 
 in the Clerk's Office of the District Court of the District of Massachusetts.
 
 CONTENTS 
 
 OF THE NEW BUSINESS MAN'S ASSISTANT. 
 
 Page 
 
 AGREEMENT, general Form of, 
 for Selling, Bartering, Manu- 
 facturing, nr any oiher purpose, 1fi 
 
 AGREEMENT for making Shoes. 1C 
 
 AGREEMENT for the Sale and 
 Piling of Wood, 16 
 
 AGREEMENT 10 Sell and deliver 
 a Horse, Oxen, ttc 16 
 
 AGREEMENT to Submit to Arbi- 
 tration, 17 
 
 AGREEMENT for the Sale and 
 Purchase of Real Estate, .... 17 
 
 AGREEMENT to Sell and De- 
 liver Flour, Wheat, &c., 18 
 
 AGREEMENT with a Clerk, or 
 Workmnn 18 
 
 AGREEMENT for Building a 
 House, or More, 18 
 
 AGREEMENT of Copartnership, 
 Fi.rm of, 33 
 
 AGREEMENT to continue the Co- 
 partnership, Form of, 34 
 
 AGREEMENT 10 Dissolve the Co- 
 partnership, Form of. 34 
 
 .AGREEMENT of panics l> Abide 
 by the Decision of an Award, . . 26 
 
 APPRENTICE, Indenture of, with 
 Rules of Law Relating to, .... 19 
 
 ARTICLES of Copartnership, .... 33 
 
 ASSIGNMENT to be written on 
 the back of any instrument, with 
 Rules of Law relating to, 20 
 
 ASSIGNMENT of a Lease, 21 
 
 ASSIGNMENT of Mortgage by 
 Endorsement, 21 
 
 ASSIGNMENT of Deed of Mort- 
 gmre 22 
 
 ASSIGNMENT of Contract, 22 
 
 ASSIGNMENT of Bond, or Bill .. 22 
 
 ASSIGNMENT wriuen on the back 
 ol Fire Policy, 23 
 
 ASSIGNMENT ..f a Bond, where 
 A*.i2iior i* liable, 22 
 
 ASSIGNMENT of a Bond, where 
 Assignor in not liable, 22 
 
 ASSIGNMENT of W..gcs now due 
 mid to become due, 23 
 
 ASSIGNMENT of Interest in Land 
 for ii term of Years 23 
 
 ASSIGNMENT of Claims against 
 Debtor 23 
 
 ASSIGNMENT of Debtor for the 
 Benefit of Creditors, 24 
 
 AWARD of Three Referees, with 
 ItKlruciions, 25 
 
 AWARD of Referees, Fire In*., . . 26 
 
 AWARD lor Valuation of Land, .. 26 
 
 BILL of Sale of Goods, under Seal, 
 with Rules of Law relating to, 27 
 
 BILLS ot Exchange, with Rules of 
 Law relating to, 58 
 
 BOND, Form of, with Laws relat- 
 ing to, 23 
 
 BOND of two Obligors, , 29 
 
 BOND to pay Money by Instal- 
 ments, 29 
 
 BOND to Indemnify, 29 
 
 BOND of Arhitnilion 30 
 
 BOND of Indemnity for lost Note,. . 30 
 
 BOND to convey Heal Estate 30 
 
 BOND with two Sureties, 31 
 
 BOND of Treasurer [or Tru.-tee],. . 31 
 CERTIFICATE of work to be re- 
 corded under the Lien Law,. ... 67 
 COPARTNERSHIP, form of, with 
 
 Rules of Law relating to, 32 
 
 COMPOUNDING with Creditors, 
 
 to take u certain per Centage, 35 
 COMPOUNDING with Creditors 
 
 (aitolher)lo take endorsed notes, 35 
 DEEDS. Rules of Law relating 
 
 to, 7,8,9,36,37, 38 
 
 DEED, Quit claim 38 
 
 DEED, Quit Claim, by Trustee,.. 39 
 
 DEED Warranty, " 39 
 
 DEED Wttrraniy, by husband and 
 wife to convey wile's Esiaie, 40 
 
 DEED, executed by Attorney 41 
 
 DEED of Reai Esnte to a Married 
 
 Woman, to her Sole Use, 41 
 
 DEED of Perconal Estate from u 
 Father to a Married Daughter,' 
 to her Sole anil Separate Use, 42 
 
 DEED of Right of Way, 43 
 
 DEEDS, of Liind. of Leas-e, and 
 
 of Trust, ( Virginia Farm*) .... 44 
 DEED, Chancellor Kent's F..rrn of, 44 
 DEEDS, Forms of, in New Yoik,.. 45 
 EASEMENT, or, how a person 
 may acquire, a Riyht of Way, 
 Air, Ligln, &c . and hw such u 
 
 Right may lie prevented 43 
 
 ENDORSER of Note on "lime ot 
 Demand, when liable for Pay- 
 ment, when not, 59 
 
 EXECUTION of Deeds, mode of, 
 
 in all the Stales, 8 
 
 FORMS of Patent Ojficr, consisting 
 of Petition, Specification, Oath, 
 Surrender, Withdrawal. As- 
 signment, Disclaimer, Caveat, 
 New Improvement, Assignment 
 before obtaining Letters Pa- 
 tent, Fees o( Patent Off.ee, 7174 
 GUARANTEE for the Payment of 
 
 Good*, 46 
 
 GUARANTEE of certain Amount, 46 
 
 GUARANTEE for Debts due 46 
 
 GUAHANTEE to stop proceedings, 46 
 GUARANTEE for payment of rent, 47 
 GUARANTEE to pay Note, 47
 
 4 CONTENTS OF THE NEW BUSINESS MAN'S ASSISTANT. 
 
 Page 
 
 LEASE of House, or Store, 47 
 
 LEASE, to Two or more Tenants, 48 
 LEASE, Law which compels Ten- 
 am to pay Rent, though House 
 
 be burned or destroyed, 48 
 
 LEASE how Sealed in different 
 Stales, and when it should be 
 Recorded, or Re.gislered, .... 9 
 LEASE, cautions to be observed by 
 
 Tenant on inking a Lease 9 
 
 LIEN Law of Mechanics, Laborers 
 and Contractor*, in Massachu- 
 setts, Maine. Connecticut, New 
 York, New' Jersey, Pennsyl- 
 vania, Missouri, Illinois, and 
 
 other States, 67, 68 
 
 MORTGAGE of Personal Proper- 
 ty, with Laws relating to, 50 
 
 MORTGAGE of Tools, Machinery, 
 
 Goods, or Household Furniture, 51 
 MORTGAGE Chaltel, with Power 
 
 ..fSale 52 
 
 MORTGAGE of Personal Property 
 
 to Secure Endorser, 53 
 
 MORTGAGE of Real Estate, 54 
 
 MORTGAGE of Real Estate with 
 
 j>nwfr of sale 55 
 
 MORTGAGE. Redemption of, 56 
 
 MORTGAGOR Rights of, 55 
 
 MORTGAGEE Rights of, 56 
 
 MORTGAGE, Dis.-harge of, 57 
 
 MORTGAGE Deed of Release,.. 57 
 
 MORTGAGE, Satisfaction of, 57 
 
 NOTES, Due Bills, Receipts, Bills 
 of Exchange, Drafts, Orders, 
 Checks, and Judgment Nnte, 
 
 with Liw< relating <o, 59, 59, 60 
 
 NOTICE of Dissolution of Copart- 
 nership, Form of, 35 
 
 Pag* 
 NOTICE to Quit from Landlord, 49 
 
 NOTICE to Quit from Tenant, 49 
 
 NOTICE to Quit for Non-payment 
 
 ofRent, 49 
 
 PARTNERSHIP, Form of, with 
 
 Rules of Law relating to, 32 
 
 PATENTS, laws of, Directions and 
 
 Forms for, 69 to 74 
 
 PETITIONS, general forms for, . . 64 
 POWER (or Letters) of Attorney, 
 
 with Rules of Law relating to, 61 
 POWER, form of, to collect Debts, 61 
 
 POWER to effect Insurance, 61 
 
 POWER to sell. Stock, 61 
 
 POWER to sell and Lease Real 
 
 Estate, and collect Rents, 62 
 
 POWER to receive Dividends,.... 62 
 
 POWER, Revocation of, 62 
 
 PROXY to vote for Directors, &c.. 64 
 RECEIPT for Interestdue on Bond, 60 
 RECEIPT for Money due on Bond, 60 
 REDEMPTION of Estate, time of, 56 
 
 REFEREES, Award of, 25 
 
 REI.EASEofa Legacy, 3 
 
 RELEASE of Dower, by Widow, 63 
 
 RELEASE of all Demands, 63 
 
 RELEASE of Dower to be endors- 
 ed on Deed, 63 
 
 RENT, Security for, 47 
 
 R I G H TS of Mortgagor, 55 
 
 RIGHTS of Mortgagee, 56 
 
 WAY, Grant of Right of, 43 
 
 WILL and Codicil, 65, 66 
 
 WILL, Directions and manner of 
 
 making a Will, 64.65 
 
 A few of the Rules of Law applicable to the Forms. 
 
 Mode of Executing Deeds, in all the enter into partnership, special or 
 States, 7 jreneral? What are the responsibili- 
 
 Contraf.tx When is a Contract void? ; ties of partners? How does a person 
 
 render himself liable us a partner? 32 
 Dteils. Which is the most direct 
 way to ascertain the validity of the ti- 
 tle ? By what mode can we ascertain 
 
 Can I bind myself not to carry on my 
 trade or business? Can 1 bind myseif 
 to pay the debt of another? Am I 
 obliged to take the goods I bargain 
 
 for? When does a debt, note, or'bill, j if there be an incumbrance ? How 
 ceuse to be collectable ? When is . should the land be described ? If the 
 
 purchaser intends to assume the 
 
 contract made on Sunday void ? 
 How should contracts be performed ? 
 What constitutes fraud ? How should 
 a tender be made? When i is interest 
 allowed, and how ? Liabilities of Inn- 
 keepers, Carriers, and Agents, 10 15 
 Awarrh. What is the duty of Refer- 
 ees, and how shall they make out and 
 render their awurd? 25 
 
 Bills of Sal*. What is the duty of 
 
 mortgage how should it be stated in 
 the Deed ? or, if a right of way be 
 
 granted, or reserved? 
 
 3fi, 37, 38 
 
 Mortgage. Where should a morl- 
 
 ? age of Personal Property be recorded? 
 low can Mortgagee take possession 
 of the Estate though no condition be 
 broken? 5'), 51, 56 
 
 Wills. What precautions are neces- 
 
 the seller? What is the duty of the sary in making a Will? What is the 
 buyer ?&c. What is u Warranty ? 27 ; nature of and how is a Will execu- 
 
 Bnniis. What is a bond? how is it i ted? Who should nut be witnesses to 
 made void? how is bond executed? j a Will ? How many witnesses are 
 can the whole penally be recovered, 28 ! required, and how should they sub- 
 
 Coparincrship. How may persons | scribe the Will ? 65
 
 CONTENTS OK THE NEW BUSINESS MAN'S ASSISTANT. 5 
 
 MENSURATION, WEIGHTS AND MEASURES. 
 
 MARKS of contraction, 75 ! MEASURES of Length, . . *T8 
 
 DECIMAL Arithmetic, 75 MEASURES of Capacity (Dry), 78 
 
 To find the SQUARE, or SDPBR 
 FICIAL Feet in Boards, Planks, 
 Marble, Stone, Brick Wall &c., 75 
 
 WEIGHT of a Bushel of various 
 
 articles, 78 
 
 WEIGHT of a bushel of Bitumi- 
 
 To find the number of Square Feet nous and Hard Coal, 70 
 
 in a Lot of Land, 76 MEASURES of Capacity (Liquid, 79 
 
 To find the Solid Contents in Tim- j GALLONS, Weigm of, 79 
 
 her, Plank, &c 76 | MEASURES of Solidity, or Cubic 
 
 To find the Solidity of a Frustrum, 76! Measure, 79 
 
 To find the >olid Contents in Round \ NUMBER OF CUBIC FEET in a 
 
 Timber, Trees, &c., 77, 
 
 Timber, lrees,&c., 77, Ton of various Bodies, 79 
 
 To find the area of a Circle, . 77 i WEIGHT of a Cubic Foot, in 
 
 To find the Solidity of a Cylinder, 77 Pounds, of various articles, . . 79 
 To find the Capacity of Waier WEIGHT of a Cubic Inch in 
 
 Tanks. Cisterns, Oil Cans, &c,. 77 Pounds, of various articles, .... 79 
 
 To find the Solid Contents in Tim- i SHOEMAKER'S Measure,. . .... 79 
 
 ber, Stones, Boxes, Bins, 
 To find the Capacity of a Coal Bin, 
 
 Tanner's Vat, &c, ; 
 
 WEIGHTS AND MEASURES. 
 
 '8 LENGTH in Yard*, of Russian, 
 Swedish, Dutch, Hungarian, A- 
 
 mcrican.or English, Miles, 79 
 
 SOLDIER'S Measure of Time, . 
 
 MEASURES of Weight, 78 
 
 79 
 
 MEASURES of Surface,.. 
 
 DECIMAL Approximations for 
 
 78 ! Facilitating Calculations, 80 
 
 H. 
 
 Giving the Price of any NUM- 
 BEB of Pounds, from 25 cents 
 to $50 per ton of 2000 Ibs. 114 
 
 Giving the Price of any NDM- 
 BEK of Pounds, from 25 cents 
 to $60 per ton of 2240 Ibs. 115 
 
 READY RECKONERS. 
 
 els of Wheat, Corn, &c., at 
 any price less than S3 each, 117 
 Giving the NUMBER of folid 
 Feet in any Pile of Wood or 
 
 IV. 
 
 Bark, 
 
 V. Giving the price per Foot of 
 
 any NUMBER of Feet 
 WOOD or BARK,. 
 
 of 
 
 III. Giving the Price of any NUM- 
 
 BER of Pounds, Yards, Bush- 
 
 LUMBER TABLES. 
 
 I. A Table of Decimals, to find, V. Giving the Square Feet in 
 
 expeditiously, the Number 
 
 of Superficial Feel in Plank, 
 
 Board, &c. of any Breadth, 81 
 II To find the Solid, or cubic, 
 
 Contents in Trees and Logs, 82 
 III.. Giving the No. of Solid Feet 
 
 in Hewn Timber, 83 
 
 IV. Giving the Square Feet in 
 
 Plank and Scantling, 86 
 
 1)3 
 
 Scantling and Timber, 
 
 VI. Giving the Square Feet in 
 
 Boards, 90 
 
 VII. Giving the Square Feet in 
 
 any Log, reduced to Board 
 Measure, 91 
 
 VIII. Giving the No. of Cubic Feet 
 in Round or Equal sided 
 Timber, 9i 
 
 MECHANICS' TABLES. 
 
 I. 
 
 Multipliers, (Co-efficients) for 
 Facilitating Calculations,. . 80 
 
 II. Areas of Circles, 100 
 
 III. Weight of a Foot in Length of 
 
 Flat (Tire) Bar Iron, 95 
 
 Weight of a Square Foot of 
 Sheet Iron, Copper, & Brass, 05 
 Weight of a Square Foot of 
 Boiler Plate Iron, and of 
 Copper, Brass, and Lead, 
 Weight of a Foot in Length 
 of Square and Round Bar 
 Iron, 
 
 IV. 
 
 V. 
 
 VI. 
 
 96 
 
 110 
 
 BMA 
 
 1* 
 
 VII. Dimensions of Cylindrical 
 
 Columns of Cast Iron to 
 sustain a given Pressure 
 with Safety, 97 
 
 VIII. Molder's Table, giving the 
 Weight of Metals proportion- 
 ed to the Weight of Pattern, 
 
 IX. Proportional Breadths for hex- 
 
 agonal Six-sided Nuts for 
 Wrought Iron Bolts, 98 
 
 X. Screws. Giving the No. of 
 
 Threads to an 'Inch in V- 
 thread Screws, 98 
 
 97
 
 6 CONTENTS OF THE NEW BUSINESS MAN'S ASSISTANT. 
 
 XI. Weight of Lead Pipe per foot, 
 
 XII. Weight of Cast Iron Pipes, 
 
 XIII. Weight of one Foot in length 
 of Copper Pipe, 
 
 XIV. Weight and Thickness of 
 
 Copper Plates.. 
 
 XV. Weight and Thickness of 
 
 Sheet Lead, 
 
 Page 
 
 IK) 
 
 Page 
 
 XVI. Decimals equivalent to the 
 fractional pans of a Pound, 121 
 
 XVII. Decimals equivalent to the 
 fractional parts of a Foot, . . 188 
 
 XVIII. Decimals equivalent to the 
 fractional pans of a gallon,. . 121 
 
 XIX. Hoop Iron, Width, Thick- 
 ness, and Weight of, 124 
 
 MERCANTILE TABLES. 
 
 I. Interest Table at 6 per cent,. . 106 , IX, Value of a Pound Sterling at 
 
 II. Interest Table at 7 per cent, 107 
 
 III. Interest Tables at 6 ai;d 7 per 
 
 cent, by the Month & Year, 108 
 
 IV. Table for Findingthe Number 
 
 of Days from any Date in one 
 Month to the same Date in 
 any other Month of the Year, 109 
 
 V. Rules for Equating, or Aver- 
 
 aging Payments, 109 
 
 VI. American and Foreign Gold 
 
 Coins, & their Mint Weight 
 and Value, 110 
 
 VII. Value of Silver Coins and 
 
 Foreign Currencies, . 
 
 Ill 
 VIII. Weight and Value of United 
 
 States Silver Coin Ill 
 
 various Rates of Exchange, 105 
 
 X. Freights, showing the Quanti- 
 
 ties of various kinds of Arti- 
 cles -which constitute a Ton 
 of Freight, 105 
 
 XI. English Sterling reduced to 
 
 Dollars and Cents, 112 
 
 XII. French Francs reduced to 
 
 Dollars and Cents, 112 
 
 XIII. German Thalers reduced to 
 Dollars and Cents, 112 
 
 XIV Bremen Rix Dollars reduced 
 
 to Dollars and Cents, ... 112 
 
 XV. Table of Equivalent Prices 
 to Common Weights and 
 Measures, 123 
 
 MISCELLANEOUS TABLES. 
 
 I. 
 
 Weight of Hard Coal propor- 
 tioned in Stowage, 92 
 
 II. Cisterns, Tanks, Reservoirs, 
 their Contents in Gallons for 
 each 10 inches in Depth, ... 98 
 For finding the Number of 
 Square Feel, and Yards, in 
 Pavement, Plasteri g, Paint- 
 ing, Flooring, Marble, &c. 81, 82 
 
 III. 
 
 IV. Findingthe Value of a Wid- 
 
 ow's Dower, or Estimating 
 the value of Life Estates,. . 113 
 
 V. Annuity Table, 113 
 
 VI. Appraisers' Account, form of, 125 
 
 VII. Administrator's Account, do. 125 
 
 VIII. BOOK KEEPING, 126 
 
 IX. RATES OF POSTAGE, to 
 
 all parts of the World, 129 
 
 SCALES OF WAGES. 
 
 L Mechanics' and Laborers' 
 Scale of Wages for Days 
 and Month, 101 
 
 II. Operatives' Scale of Wages, 
 
 for Days and Weeks,.... 108 
 
 III. Farmers' Scale of Wages for 
 
 Days and Month, 104 
 
 IV. BOARD per WEEK and DAY, 
 
 for Taverns, and Boarding 
 Houses, &c., 105
 
 1 HE 
 
 BUSINESS MAN'S ASSISTANT. 
 
 EXECUTION OF DEEDS IN ALL THE STATES. 
 
 WHAT is USUALLY REQUISITE TO THE EXECUTION OF A DEED A Deed 
 ought to be signed, sealed, witnessed, acknowledged, delivered, and recorded. 
 
 1. DEEDS. All writings jeofct? and delivered are in law, Deeds, bat a Deed, 
 in common acceptation, is a conveyance of land. If it be made by more panics 
 than one, it is usual to nave as many seals as there are parties. 
 
 2. SEAL. The common law intended by a Seal, an impression upon wax, 
 wafer, or other tenacious substance. In the eastern and middle stales such an 
 impression is requisite, or a piece of paper is affixed to the Deed by a wafer at 
 the end of each name. In some of the southern and western stales the courts al- 
 low a flourish, or scroll of the pen, or circle of ink at the end of each name. In 
 Virginia and Alabama evidence is required of an intention to substitute the 
 scroll for a seal. If an instrument have but one seal, though signed by several 
 persons, it will be considered the seal of each. 
 
 3. DELIVERY. Delivery isr essential to the due execution of a Deed 
 after the Delivery of a Deed, the estate vests in the purchaser though the grantor 
 keep ihe Deed, or fraudulently obtain and destroy it. No particular form is 
 necessary for the delivery of a Deed ; an act which indicates an intention 
 of putting the purchaser in possession is sufficient. 
 
 4. ACKNOWLEDGMENT. The acknowledgment of Deeds is made by th 
 grantors, or one of them, or by attorney, before a Judge, Justice of the Peace, 
 Magistrate or Notary Public, in the State where the land lies, and in any other 
 State or Territory before a Commissioner appointed by the Governor of the 
 State ; and if in a foreign country, before a Minister or Consul of the U. 8. 
 
 5. RECORDING. Every Deed should be Recorded, Registered, or Enrolled 
 in the County or Town where the land lies, after it has been acknowledged. 
 //" n-it recorded it it good only against the grantor and his heirs, and void against 
 subsequent attaching creditors of the grantor, or purchasers, having no notice 
 of the first conveyance. In some states a certain time is allowed, within which 
 a deed should be recorded. In those States where there is no prescribed time, 
 the Deed must be recorded within a reasonable lime. Wherea mortgage i* 
 made by an absolute Deed and a Bond back, the Bond must be recorded. 
 
 6. DESCRIPTION. A Deed must contain a distinct description of the land or 
 tenement, how it is bounded, whether on a creek, highway, street, or known 
 and fixed monuments, &c., &c. The Deed may refer for a description of the 
 land, or tenement, either w apian, another deed, a will, or to the actual condition 
 of the estate. Though a certain number of feet or acres be mentioned in the 
 Deed, it does not amount to a warranty that there is that quantity, if "more or 
 less " be inserted, or the Deed contain specific boundaries. 
 
 7. PARTIES. The panics must be legally able to contract and there must 
 be a subject to contract for ; all which must be expressed by sufficient names. 
 A Deed cannot bind a party who seals it, unless it contains words expressive 
 of such intention. If the wife's right of Dower* in the premises is to be 
 released, it must be so slated In the Deed, and the wife must join with her 
 husband in its execution, releasing her right of Dower. If real estate, 
 
 held by the husband in right of the wife, is to be conveyed, both the husband 
 and wife must join in the deed ; and in most of the States the wife must be ex- 
 amined privately and apan from her husband as to whether the Deed it 
 her free and voluntary act. If an attorney have authority to convey lands, ha 
 must do it, not in his own name but in that of his principal A power to exe- 
 cute a Deed must itself be under seal, and acknowledged. 
 
 Dower is the right of the wife, after the death of her husband, to have set 
 off to her for her use during her life one-third part of the la^ds whereof her 
 husband was possessed during the marriage stale.
 
 EXECUTION OF DEEDS. 
 
 8. CONSIDERATION. The Deed should be made for a rood and valuable 
 Consideration to give validity to it against the claims of creditors or subsequent 
 purchasers. A Deed made upon fraud or collusion to deceive purchasers or 
 lawful creditors will be void, but not as between the panics themselves. 
 
 9. A CONVEYANCE contains several covenants, as follows: the grantor 
 covenants that he is lawfully seized in fee of the premises, that they are free 
 from all incumbrances, and that he will warrant and defend the same against the 
 lawful claims and demands of all persons. This last clause in italics constitutes 
 A warranty Deed. In a quit-claim there is inserted after these words in 
 italics, claiming by, through,'or under me, but against none other. The effect of 
 covenants is to give to the purchaser a claim for damages, if at tuy time dis- 
 turbed by an adverse claimant. 
 
 10. DATE. When no date is inserted, the time will be reckoned from the 
 deliveiy. 
 
 11. ERASURE?. When an erasure, or interlineation, is made in a material 
 part of a Deed, a memorandum thereof should be made in the margin, or on 
 the back of the Deed, testifying that it was done before sealing. If the Deed is 
 altered or purposely defaced by a grantee himself, after execution, it makes the 
 Deed void. 
 
 12. ATTESTATION, OR EXECUTION. The presence of witnesses, is the last 
 requisite to a deed. In some States, two, and in others, one is required. It is 
 however, always safe to have two, and they should be well known persons 
 who can be easily found if occasion should render it necessary. - 
 
 See Forms of Deeds, and Mortgages, on pages 36 to 45. and from p. 50 to 57. 
 
 RECORDING OF DEEDS, AND WITNESSES REQUIRED 
 
 In Maine, one witness. Deed to be recorded in the Registry of Deeds. 
 
 In New Hampshire, two witnesses. Deed to be recorded as above. 
 
 In Vermont, the same. Deed to be recorded by the Town Clerk. Wife 
 must be examined privately and apart from her husband. 
 
 In Rhode Island, same as above. 
 
 In Matsachusetts, two witnesses arc usual, or Deed may be acknowledged 
 by one or more grantors. Deed to be recorded in the Registry of Deeds. 
 
 In Connecticut, two witnesses are necessary. Deed to be recorded as above. 
 
 la Nrw York, proof of the execution of a Deed by one witness, or its acknow- 
 ledgment, will entitle it to be recorded by the Clerk of the County, within 
 fifteen days. 
 
 In New Jersey, one witness is necessary. Deed to be recorded, or lodged for 
 that purpose, with the Clerk of the Court of Common Pleas, within six months. 
 Wife must be examined separately, &c. 
 
 In Fennxylvania, two witnesses are necessary. Deed to be recorded in the 
 office for Recording Deeds. Wife must be examined separately, &c. 
 
 In Delaware, same as above. Deed to be recorded within one year in the 
 County where the land lies. Wife must be examined separately, &c. 
 
 In Maryland, two witnesses are necessary. Deed to be recorded and enroll- 
 ed in the Records of the County within six months. Wife mnsl be examined. 
 
 In Virginia, same as above. Deed to be recorded by the Clerk of the Court 
 ofthe County, City, or Corporation, within eight months. 
 
 In North Carolina, the attestation of witnesses is not essential. Deed to be 
 recorded in the Registry of Deeds within two years. Wife must be examined. 
 
 In South Carolina, two witnesses are necessary. Deed to be recorded in the 
 Clerk's Office of the County, within six months. Wife must be examined. 
 
 In Georgia, same as above. Deed to be recorded by the Clerk of the Court 
 within one year. Wife must be examined separately, &c. 
 
 In Alabama, one witness is necessary. Deed to be recorded by the Clerk of 
 the Count}', within six months. Wife must be examined separately, &c. 
 
 In Mississippi, two witnesses are necessary. Deed to be recorded by the 
 Clerk of the County Court. Wife must be examined separately, tic. 
 
 la Louisiana, the transfer of real property is effected, not by deed, as in the 
 other States, but by a proceeding called, " the Act of Sale." It is the agreement 
 of the parties for the sale and purchase of the property, entered into by them 
 lid reduced to writing and signed by all.
 
 EXECUTION OF DEEDS. CAUTIONS TO TENANTS 9 
 
 These Acts of Sale are divided into private and authentic acts. Private when 
 nder the hand of the parties only. Authentic when executed before a Notary. 
 
 In Tennessee, two wnuesses are necessary. Deed to be recorded by the Reg- 
 ister of the County within a year. Wife must be examined separately, &c. 
 
 In Kentucky, two witnesses are necessary. Deed to be recorded, or deposit- 
 ed for record, within sixty days, in the Clerk's Office of the County where the 
 estate, or the greater part of it, lies. Wife must be examined separately, &c. 
 
 In Ohio, two witnesses. Deed to be recorded in the office of the Register of 
 
 , . 
 
 the County, within six months. Wife must be examined separately, &c. 
 
 In Missouri, two witnesses. Deed to be recorded in the Recorder s Office ol 
 the County, within three months. Wife must be examined separately, *c. 
 
 In Michigan, two witnesses are necessary. Deed 10 be recorded in the 
 Registry of Deeds Wile must be examined separately, &c. 
 
 In Arkansas two (disinterested) witnesses are necessary. Deed to be re- 
 corded by l he recorder of the County. Wife must be examined separately, &c. 
 
 In Florida, tw> witnesses are necessary Deed to be recorded by the ClerK 
 of the Court. Wife must be examined separately, &c. 
 
 In Wisconsin, two witnesses. Deed to be recorded in the Registry of Deeds. 
 
 In Texas, two witnesses. Deed to be recorded by the Clerk of the County Court. 
 
 In Iowa and California, execution same as in Missouri. 
 
 LEASES. 
 
 A Lease is a conveyance of lands or tenements in consideration of rent, or 
 other annual recompense, for life^ years, or at will. The contract for a 
 Least; may be expressed vtrbally or in writing. If verbally it usually has only 
 the force and effect of a tenancy at will. If in writing, it must be subscribed by 
 the party making it, or his authorized agent. 
 
 The siatnte law, in some Statei, requirei that long Leases be in writing, 
 signed, sealed an<l delivered in the presence of one or more subscribing wit- 
 nesses, and lie registered and recorded. In Maine, Massachusetts, New 
 Hampshire, Michigan and Maryland, the term is seven years; in New York, 
 PeflJU) Iviuiia, Ohio and Indiana, three ; in Vermont, Connecticut, Rhode Isl- 
 and, uiul South Carolina, one : in Kentucky and Virginia, five. 
 
 It is always sale to have sealed instruments attested in the presence of two 
 compete-ill subscribing witnesses, not persons picked up by chance, but those 
 who pan be readily found, if wanted. 
 
 The following cautions are necessary to be observed on taking the Lease of 
 house, 
 
 1. Whether there are any symptoms of dampness? 
 
 2. \\ lieiher the rhimneys are smoky 7 
 
 3. Wlieilic r ilie house is subject to unpleasnnt smells? 
 
 4. Whether the lower pan of the house is well ventilated, and there is a good 
 diainnire 10 the cellar? 
 
 5. Wheiherihe house is infested with bugs, cockroaches, moths, or any 
 other vermin? 
 
 0. Whether it is supplied with good drinking and washing water ? 
 
 7. Whether the landlord will keep the pumps, cisterns, &c. in good repair* 
 
 8. Whether, if ihe waier fuils or becomes impure, or the water fixtures get 
 out of repair, ihe tenant shall supply himself, after due notice, at the expense 
 of the landlord ? 
 
 9 Whether the house leaks* 
 
 10. Whether the landlord will keep the privy, water course*, *c., clean 
 and in pood condition? 
 
 11. Whether the house is in gooJ repair; and the landlord will keep it so 
 during the term? 
 
 12. Whether the landlord is to pay the taxes? If so, a covenant to that ef- 
 fect should be inserted among ihi- agreements. If the tenant, ihe like among 
 his. A Lease i.s a \vritien contract, and every thing agreed upon or coniraried 
 for by ihe Landlord or Tenant, should be slated in the Lease tor no verbal con- 
 tract can nller u written one. 
 
 For further information on this important subject see Lease ftc on n 47 bitt 
 especially the "Landlord's ami Tenant's Assistant, one of this series.
 
 10 BTTLES OF LAW AFFECTINS CONTRACTS. 
 
 RULES OF LAW, 
 
 f From Blackstone, Chitty, Kent, Story, and American Report*.] 
 
 A CONTRACT is an agreement between two contracting parties, 
 entered into on sufficient consideration, either verbally or in writing. 
 When contracts are verbal or when written, and not under seal, they are 
 termed simple contracts ; when sealed they are called deeds or specialties. 
 
 Contracts are either express or implied. Express when the terms are 
 openly uttered at the time of making. Implied are such as reason and 
 justice dictate, and which the law presumes every man undertakes to 
 perform. For instance, if there is no stipulation as to the price, when one 
 sells goods, or performs labor for another at his request, the law implies a 
 promise to pay for such goods, or labor, so much as they are reasonably 
 worth. It is also an implied condition of work and labor, that it be done 
 in a suitable and workmanlike manner. But the law will never imply a 
 promise against a party's express declaration made at the time. 
 
 A simple contract or agreement, whether verbal or in writing, without 
 a sufficient consideration, is totally void in law, and the parties cannot be 
 compelled to perform it. There is but one exception to this rule, and that 
 applies to negotiable instruments in the hands of an innocent indorsee. 
 But if a contract is deliberately made, without fraud, and with a full 
 knowledge of the circumstances, any damage, suspension, or forbearance 
 of a right, will be sufficient consideration. When promises are mutual, 
 and the one the consideration of the other, they are valid. A guaranty for 
 the payment of a note, like any other promisej without any considera- 
 tion, is void, 4 Pick. 389 ; unless the undertaking is contemporaneous with 
 the original debt. The consideration is not always the governing prin- 
 ciple on which the validity of contracts depends, for contracts which are 
 contrary to public policy, or the principles of morality, or in contravention 
 of express statutes, or principles of law, cannot be enforced, although 
 founded on a legal consideration, if any part of the entire consideration of 
 a contract is illegal, as against morals or public policy, the whole is void. 
 
 Among contracts contrary to public policy, is that of a man binding 
 himself not to exercise his trade or business ; but if, for a valuable consia- 
 er alien, he engages not to exercise his trade in a particular place, he may 
 exercise it elsewhere. Thus, an agreement not to run a stage coach on a 
 particular road or with a mechanic or tradesman, to give the purchaser 
 all his custom or not to carry on his business within a certain distance, 
 for instance, ten miles, is good, and the contract will not be impeached, 
 either in law or equity. A bond that the obligor shall never carry on, or 
 be concerned in, the iron business, is void. 19 Pick. 61. 
 
 A Contract may also be void for want of some formality required by 
 law. Tlie English Statute of Frauds has been substantially copied in 
 nearly all the Suites. It provides that in the following cases, every 
 agreement shall be raid unless the same, or some note or memorandum 
 thereof, be in writing* and subscribed by the party to be charged therewith. 
 
 1. Every agreement that, by its terms, is not to be performed wiihiv 
 one year, from the making thereof. 2. Every special promise to answer 
 the debt, default, or misdoings of another. 3. Every contract for the sale 
 of any lands, or any interest in lands. 
 
 Every contract for the sale of any goods, chattels, or things, for the price 
 of ten pounds f, or more, is void, unless 
 
 * In New York the Contract is void if the consideration be not rxprtsted in tht 
 inttrutnmt. In Maine, Massachusetts, Vermont, Indiana, Wisconsin, and 
 Other Slates, it is not required. 
 
 t lit the following Stales the amount has been fixed by Statute : Maine, 
 nd New Jersey $30: New Hampshire, 93; Vermont, $40; Connecticut 35 , 
 Missouri $30 ; New York, Massachusetts Wisconsin, and Indiana $50.
 
 RULES OF LAW AFFECTING CONTRACTS. 11 
 
 1 . A note or memorandum of such contract be made in writing, and be 
 subscribed by the parties to be charged thereby, or their agents ; or 
 
 2. Unless the buyer shall accept and receive part of such goods ; or 
 
 S Unless the buyer shall, at the time, pay some part of the purchase 
 money ; or give something in earnest to bind the bargain. 
 
 If after a verbal contract, for the delivery of goods, the vendor deliver 
 to the vendee a bill of parcels, it will be a sufficient memorandum in wri- 
 ting to take the case out of the statute. 11 Mass. 6. So a broker being 
 the agent of both buyer and seller, his signature binds both parties ; and so 
 of an auctioneer. 
 
 A contract to sell goods (for the price of dollars or more) is void, 
 
 unless the same is in writing ; So is the letting of a house, or store, for 
 more than one year; So is an agreement for a year's service to com- 
 mence at a subsequent day ; So is an agreement for the sale of land ; 
 And so is a promise to pay the debt of another, and even when such 
 promise is in writing, there must be some consideration as. forbearance, or 
 otherwise. If two parties go together into a warehouse or shop, and, upon 
 the one selecting and giving an order for goods, the other engages verbally 
 to pay for those goods in case the other does not ; in whatever form of 
 words that promise is made or given, he is not bound by it it must be 
 reduced to writing. When, however, the credit is not given to the buyer, 
 but to the guarantor in the first instance, as where A. tells a merchant that 
 he will be responsible for goods purchased by C. and the merchant charges 
 the goods to A. the promise need not be in writing to bind the guarantor. 
 
 In Maine, Massachusetts, and Vermont no person is liable by reason 
 of any rtpresentation, recommendation, or assurance made concerning the 
 character, conduct, credit, ability, trade or dealings of any other perton, 
 unless such representation or assurance be made in writing, and signed 
 by the party to be charged thereby. In many of the States a verbal as- 
 surance is sufficient to create such liability. 
 
 All Actions founded upon any Contract UNDER SEAL, and in general 
 attested Notes, Bills or Notes signed by a Bank, Judgments of Courts, 
 and for Recovery of Lands, are embraced in the general law of limitation, 
 which varies in different States, from ten to twenty years. 
 
 All Actions of Debt founded upon any Contract, or Liability HOT DW 
 DEB SEAL, or witnessed, must be brought within six years, in 
 
 Maine; New Hampshire; Vermont; Massachusetts; Rhode Island, 
 (except between merchants) ; Connecticut, (except notes not negotiable, 
 then seventeen years) ; New York ; New Jersey; Pennsylvania, (except 
 between merchants) ; Ohio, (if in writing, then fifteen years) ; Michigan; 
 Iowa ; Indiana, (except notes and written contracts, then twenty years) ; 
 Wisconsin ; Alabama, (except between merchants) ; Mississippi, (except 
 store accounts, then two years) ; Delaware 3, (except between merchants) } 
 Maryland 3. (except between merchants) ; North Carolina 3, (except be- 
 tween merchants) ; Tennessee 3, (except between merchants) ; Virginia 5, 
 store accounts 2; South Carolina 4, (except between merchants) , Georgia, 
 upon notes and written contracts 6, open accounts 4; Illinois 5, (except 
 open accounts) ; Florida 5, (except between merchants,) book accounts "2 ; 
 Kentucky 5, store accounts 1 ; Missouri, sealed or unsealed 10, open 
 accounts 2 ; Arkansas, upon written contracts 5, store accounts 4 ; Tex- 
 as, upon written contracts 4, (except between merchants), store accounts 
 2; California, upon written contracts 4, when not written 3; Louisiana, 
 upon bills, notes, and everything negotiable by endorsement 5, other 
 accounts, from 1 to 3 years. 
 
 In general the time of absence of debtor from the State is not computed; 
 and in an action brought to recover a balance due, upon an open account, 
 the cause of action shall be deemed to have accrued from the time of 
 the last item charged in the account,
 
 12 CONSTRUCTION OF A CONTRACT. 
 
 CONTRACTS MADE ON SUNDAY, A Note or other Contract 
 written on Sunday is void ; but it is not void, though written on Sunday, 
 if it be delivered on some other day. 19 Ver. 358. When a Contract \a 
 written on Sunday, it is competent on another day for the other party to 
 demand a return of the thing delivered, and where impracticable, com- 
 pensation ; and if the other party refuse, the original contract becomes 
 thereby affirmed and binding. 19 Ver. 358. 
 
 CONSTRUCTION OF A CONTRACT. In the construction of 
 Contracts, the intention of the parties must govern ; words are to be 
 taken in their natural and obvious sense ; when the intention is doubtful, 
 the context may be resorted to to explain ambiguous terms ; the whole of 
 the instrument is to be viewed and compared in all its parts, so that every 
 part ot it may be made consistent and effectual. The law does not, IL 
 general, require a formal contract drawn up with technical precision. And 
 the useless repetitions, which often encumber legal instruments, may al- 
 ways be omitted, as they give no additional strength to the contract. 
 
 Where the language of an agreement is plain and unequivocal, there is 
 no room for construction, and it must be carried into effect according to 
 its plain meaning. 
 
 Ambiguities in deeds or other instruments are generally interpreted 
 against the grantor, or contractor. So where a man gave a note expressed 
 to be " for money borrowed, which 1 promise never to pay," it was held 
 that the word never might be rejected. So if a man promises to pay in a 
 short time, it is void for uncertainty, but if he promises to pay without 
 mention of time, it will be taken to mean on demand. And so in an ex- 
 ception in a lease, if there be any doubt about the meaning of the excep- 
 tion it shall be construed against the lessor. 
 
 An agreement shall have a reasonable construction according to the in- 
 tent of the parties. 
 
 The defendant promised the plaintiff, in consideration of a wagon de- 
 livered to him by the plaintiff, at the time of the contract, to break up for 
 the plaintiff sixteen acres of new ground on or before a certain day. Held 
 that the piece of ground to be broken up, if not specified in the contract, 
 might be designated by the plaintiff. 8 Black f. 571. 
 
 A sale for approved indorsed paper means in law a sale for paper 
 which ought to be approved, and not for paper such as the seller may ap- 
 prove. 4 Serg. & R. 1. 
 
 A party is bound, in the absence of any misrepresentation of facts, by 
 the legal effect of his contract, and he is presumed to know that legal ef- 
 fect, and to intend it to have it 1 Ind. Rep. 304. 
 
 Where a contract is made for any building, it becomes a law to the par- 
 ties, and they are both bound by it, and whatever additions and alterations 
 are made in such building, they form a new contract either express or im- 
 plied, without affecting the original contract, and must be paid for, agree- 
 ably to such new contract. 
 
 A local usage cannot be considered a part of a contract when it contra- 
 dicts that contract. 
 
 Contracts valid in the place where made, are valid everywhere, unless 
 immoral, or contrary to public policy. Story Con. Law. 203. 
 
 So contracts void by the law of the land where made, are void every- 
 where. Remedies upon contracts and their incidents, are regulated and 
 pursued according to the law of the place where the action is instituted. 
 
 PERFORMANCE OF A CONTRACT. A mere readiness of the 
 debtor to pay his debt, is not sufficient, he is bound to go to the creditor 
 and tender it to him, in order to exonerate himself from liability. 
 
 When a contract is to be performed within a certain time after date, the 
 day of the date is to be excluded.
 
 PERFORMANCE OF A CONTRACT. FRAUD. 13 
 
 A contract to complete a work by a particular time, means that it shall 
 be done before that time. 
 
 An entire contract cannot be apportioned. If a party undertake to com- 
 plete a certain act, which is entire and indivisible, before his claim to re- 
 muneration is to accrue, he cannot recover for a partial performance, 
 although the completion of the act was prevented by inevitable accident. 
 Thus, where a sailor was to be paid a certain sum if he proceeded and 
 continued on a vovage, and he died before the voyage was completed, his 
 executor could claim no part of his wages. So, if a landlord accept the 
 surrender of a tenancy before the close of a quarter, he cannot recover any 
 part of it. And so, if the tenant be evicted (compelled to leave the pre- 
 mises) before the close of the quarter, no rent can be recovered for the 
 portion of the quarter in which he occupied. [See Law of Tenancy, in 
 the "LANDLORD'S AND TENANT'S ASSISTANT/' one of this series. 
 
 If a person is hired 'for six months, or other definite time, and leaves 
 before the end of it, without reasonable cause, he loses his right to wages 
 for the period he has served. But if he is dismissed without cause he 
 can recover for the whole term. And it is no sufficient cause for his aband- 
 oning h s contract, that he was put upon work not contemplated at the time 
 the contract was made. But if he is prevented by sickness from laboring 
 during the stipulated period, he may recover for his services as much a* 
 bis services were worth, for the time he labored. 
 
 When a special contract is made to perform work, and furnish materi- 
 als, and the work is done, and the materials are furnished, but not accord 
 ing to the stipulations in the contract, if the work and materials are of some 
 value and benetit to the other contracting party, the first j>arty may recovei 
 as much as his services and the materials were worth. 7 Pick 181. -i '. 
 
 A. person who undertakes to perform a job of work by special contract,' 
 must perform his contract before he is entitled to his pay. 5 Johns. 85. 
 
 If in a contract for the sale of goods, no time be given for payment, the 
 law implies a contract to pay for them on delivery. 
 
 If a person contract to do a thing on demand, or on notice, he will be 
 entitled to a reasonable time in which to do the thing, after a demand 
 made or notice given. 12 Mass. 121. 
 
 A contract for the hire and service of an agent, clerk, or servant, need 
 not be in writing, unless by the terms of the bargain the employment is to 
 extend beyond a year. 
 
 When a promisor undertakes to pay a certain number of dollars in ape 
 cific articles, he must deliver the articles on the day named, or he will be 
 bound to pay the sum staled in money. 
 
 The measure of damages, in case of a breach of contract for the sale of 
 a chattel, is the cash value of the article at the time it should have been 
 delivered. Anticipated profits, or speculations in real property, cannot be 
 recovered as damages for a breach of contract. 
 
 FRAUD. Fraud invalidates every transaction as well at law as in equi 
 ty, % and generally consists either in the misrepresentation, or the coo 
 cealment ofa material fact. 
 
 When money or goods are obtained by fraud, the lender or seller may 
 treat the loan or sale as a nullity. He may even claim them in the hand; 
 of the sheriff, but not in the hands of abona fide purchaser. 15 Mass. 156i" 
 
 When a party has been led to enter into a contract by the fraud of the 
 other party, he may, upon discovering the fraud, rescind the contract, and 
 recover whatever he has advanced upon it, provided he does so at the ear- 
 liest moment after he has knowledge of the fraud, and returns whatever 
 he has himself received upon it 1 Denio's N. Y. R. 69. 
 
 If one party suffer another to buy an article under a delusion created by 
 his own conduct, it will be deemed fraudulent The teller is bound to 
 
 BUA 2 .r'i^r
 
 14 TENDER. INTEREST. NEGLIGENCE. 
 
 disclose latent (hidden, secret) defects ; bat those open to the observa- 
 tion of both parties, he need not. 2 Kent. 482. If the seller say or do 
 anything with an intention to divert the eye or obscure the observation of 
 the buyer, even in relation to open defects, he will be guilty of fraud. 
 
 The seller is liable if he fraudulently misrepresent the quality of the 
 thing sold, in some particulars, of which the buyer has nbt equal means of 
 knowledge with himself; or if he do so in such a manner as to induce the 
 buyer to forbear making inquiries, which, for his own security he would 
 otherwise make. 2 Kent, 487. 
 
 In the sale of provisions for domestic use, the vendor is bound to know 
 that they are sound and wholesome at his peril, and if they are not so, he 
 is liable in an action. 10 Mass. R. 197. 
 
 RESCINDING. In general, a contract cannot be rescinded, unless by 
 consent of both parties, except in case of fraud. 
 
 A party having a right to rescind a contract, must exercise the right 
 within a reasonable time. 
 
 Where parties agree to rescind a sale once made and perfected without 
 fraud, the same formalities of delivery, &c. are necessary to revest the 
 property in the original vendor, which were necessary to pass it from him 
 to the vendee. 
 
 TENDER. A tender should be unconditional, and of a certain and 
 definite character. Where the defendant demanded a receipt, which the 
 plaintiff refused to give, it was held that the defendant had lost all benefit 
 of tender. 12 Mass. 450. 
 
 A tender does not bar, or extinguish the debt ; for the debtor is still liable 
 to pay it; but it bars the claim to subsequent damages, interest, and costs 
 of defence against the plaintiff. A debtor should tender the full amount 
 of the debt with the interest and costs which have accrued. 
 
 A tender of more money than is due is good for what is due. 
 
 A tender may be made by a third person, by debtor's desire, and on 
 .his behalf. It should be made in lawful coin ; and it is always safe to 
 produce and show the money. 
 
 INTEREST. Interest is allowed on a merchant's account from the 
 time the credit given has expired. So, interest will be allowed after a 
 demand of payment, from the time of the demand. Interest may be col- 
 lected on an execution from the time of the rendition of judgment. The 
 law does not allow interest upon interest accrued, even where a note is 
 made payable with interest annually. 7 Green!. 45; 8 Mass 445. 
 
 Interest is never allowed to form a part of the principal, so as to carry 
 interest, for the effect in such case would be to give compound interest, 
 which the law does not allow. 
 
 If a debtor makes payment generally on a note, bond, &c., it applies first 
 to extinguish the interest. 
 
 NEGLIGENCE. An action will lie for any injury consequential upon 
 any act of the defendant, whether the act be lawful or unlawful, and not- 
 withstanding the injury be accidental and contrary to his intention, if (he 
 act be unnecesaary, or be attended with circumstances of carelessness 
 and inattention. 1 Mass. R. 139. 
 
 A printer of a newspaper is liable for carelessly printing an advertise- 
 ment So is an agent for taking insufficient security for his principal. 
 
 If an attorney negligently lose the debt of his employer he is liable. Suf- 
 fering judgment to go by default is prima facie such negligence as will 
 make an attorney liable. 
 
 An attorney at law who collects money and neglects or refuses to pay it 
 over to his client until sued for it, is entitled to no compensation for hist 
 professional services. Attorneys may be expelled the bar for deceit, mal- 
 practice, or other gross misconduct.
 
 INNKEEPERS. COMMON CARRIERS. AGENTS. 15 
 
 INNKEEPERS. An innkeeper is responsible for the acts of his do- 
 mestics, and for thefts, and is bound to take all possible care of the goods 
 and chattels, and money of his guest, which are placed within the inn ; and 
 it is no excuse for the innkeeper that he was at the time of the loss sick or 
 insane. It is not necessary that the goods be in the innkeeper's special 
 keeping if they are in the inn that is sufficient. 2 Kent, 593. 
 
 innkeepers are liable to the same extent as Common Carriers and, like 
 them, are regarded as insurers of the baggage, or other property, commit- 
 ted to their care, and are bound to make restitution for any injury or loss, 
 Dot caused by the act of God, or the common enemy, or the neglect or 
 fault of the owner of the property. 9 Pick. 280. 
 
 By a recent law of Massachusetts an innkeeper is liable only for wearing 
 apparel, baggage, and money necessary for travelling expenses, and per- 
 sonal use, unless the properly of the guest be delivered into his posses- 
 sion ; and in case of loss by fire he is only answerable for ordinary care. 
 
 COMMON CARRIERS. All persons who transport goods from place 
 to place, for hire, whether usually or occasionally, whether as a principal, in- 
 cidental, or subordinate occupation, are common carriers 5 and are liable for 
 all accidents and losses which can occur by human agency, whether any 
 negligence be proved or not. They are not liable for misfortunes and acci- 
 dents arising from inevitable necessity. In bills of lading the words ''perils 
 of the sea." are construed to mean inevitable accidents. An exception in a 
 bill of lading " unavoidable dangers and accidents of the road" is not a re- 
 striction of the carrier's general liability. Loss by fire on a boat is not 
 one of the dangers of the river. The carrier can only limit his liability 
 by special contract or by notice ; but the notice must be actually brought 
 home to the knowledge of the party intrusting goods to him. The Carri- 
 er's advertising his terms in newspapers, or posting up placards In his 
 office, is held insufficient, unless the contents were actually known to the 
 owner. Damages in case of loss of goods by carriers, is the wholesale 
 price of the goods at the place where they were contracted to be deliv- 
 ered, deducting freight The carrier has a right to his freight in advance. 
 His lien continues while the goods are in his possession. He has no right 
 to sell the goods for his freight, if consignee cannot be found, or refuses or 
 IK nnuble to take them, Unless the goods are ot a perishable nature, or the 
 statutes of the State permit. He should place them in store with some 
 responsible person, for and on account of the owner, and notify him of the 
 fact. A carrier may have his action against both consignor and consigned 
 Goods in transits, in the hands of the earner are not liable to attachment 
 as the property of the consignee. 
 
 It has been held that if a trunk be lost by a carrier, the owner and his 
 wife are competent witnesses to prove the contents and their value ; but 
 the rule only extends to such articles as are commonly carried in a travel- 
 ling-trunk. 6 Johns. 160. | See further on the same subject in the " SHIP 
 I-KH'S AND CARRIER'S ASSISTANT, one of this series.] 
 
 AGENT. An agent signing sealed instruments in his own name, be- 
 comes personally responsible. But in contracts not under seal, if the 
 agent intends to bind his principal and not himself, it will be sufficient if 
 it appear in such contract that lie acts as agent. The proper mode is to 
 sign the name of his principal first, and then, underneath, his own name 
 as agent, or attornty, thus : A. B., by his attorney C. D. 
 
 When by negligence or unskilfulness of the agent, the principal derive! 
 no benefit from the acts of the latter, be is not entitled to any compensation. 
 
 An agent is not liable to his principal, for not accounting until demand, 
 24 Wend. 203, which demand should b<- made at his residence, and suffi 
 cient opportunity be given him for payment. 10 Ver. 474. 
 
 The common count for moneys had and received lies by a principal 
 against his agent, to recover the amount of moneys collected and received 
 by the latter for his use ; or the proceed! of goods sold by the agent.
 
 16 AGREEMENTS. 
 
 AGREEMENTS. 
 
 All agreements should, as far as practicable, be reduced to writing. 
 
 In all Contracts be careful that every thing demanded, or assented to, be 
 fully and distinctly stated in the agreement ; for when an agreement is re- 
 duced to writing, it is supposed to contain all the terms and conditions 
 which the parties have agreed on. It is an inflexible rule of law (hat pa- 
 rol (unwritten) evidence is not admissible to supply or contradict, en- 
 large or vary the words of a written contract. 12 Johns. 488. 
 
 General Form of Agreement for Selling, Buying, Bar- 
 tering, Manufacturing, or for any other purpose. 
 
 THIS AGREEMENT, made this day of , A. D. 
 
 1853, between A. B., of , of the one part, and C. 
 
 D. of , of the other part, Witnesseth : 
 
 That the said A. B , for the consideration hereafter 
 mentioned, promises and agrees to* [here state the agree- 
 ment, whether to build, make, sell, deliver, 4*c.] 
 
 In consideration whereof, the said C. D. hereby agrees 
 to pay to the said A. B. [here state the conditions, whether 
 to pay in goods, cash, notes, 4* C 
 
 [The following Penal Obligation can be used or omitted. It is generally of no 
 force, as the law allows inmost cases, only for the actual damage sustained. 
 See remarks on the subject at page 38. It is a general rule that the delinquent 
 shall answer for all the injury which results from the immediate and direct 
 breach of his agreement ; but not from any remote consequences.] 
 f And it is further agreed between the parties hereto, that the party that shall 
 
 fail to perform ihis agreement on his pan, will pay to the other the sum of 
 
 dollars as liquidated, fixed, and settled damages.] 
 
 In witness whereof, they have hereto interchangeably 
 set their hands and seals the day and year first above 
 written. A. B. (L. .) 
 
 . Eiccuted in presence of C. D. (l. . s.) 
 
 * If the Agreement is to sett and deliver Wood, or other articles, say: 
 
 [sell to the said A. B., cords of seasoned hickory, (or maple white-oak, 
 
 beech, birch, &c., as the case maybe,) wood, and to deliver nncl securely pile 
 
 the same on the wharf of the said C. D.,in , on or before the day 
 
 of next.] 
 
 If the Contract is to make shoes, Ife., say: 
 
 [make and deliver to the said C. D., within days from the date of this 
 
 contract, two hundred pairs of shoes, of the same quality of leather, goodness 
 of workmanship, and size, and in all respect* according to the pattern or sam- 
 ple agreed on by the parties, on which both of the parties have written their 
 names with the date of this agreement, and which sample is iu the hands of the 
 aid C. D.] 
 
 If to sell a horse, say : 
 
 [sell to the said C. D. his black mare, known as black Fanny, 7 years old, 
 weighing about 900 Ibs., and to warrant said mare to be sound, and kind in all 
 harness, to ride easy, and as a ladies' saddle horse.] 
 
 If to sell animals, say : 
 
 [sell and deliver to C. D. on the day of next, at kii house in , one yoke 
 of tbree year old oxen.]
 
 AGREEMENTS. 17 
 
 2. Agreement to submit to Arbitration.* 
 
 KNOW ALL MEN BV THESE PRESENTS, That A B. of 
 
 -, in the county of and commonwealth [or, state] 
 
 of , and the Fire Insurance Company, a Corpora 
 
 tion by law duly established in , in the county of 
 
 and commonwealth [or, state] of , have agreed to sub- 
 mit the demand, which the said A. B. has against the said 
 Company upon a certain Policy of Insurance against fire, 
 made by the said Company in favor of the said A. B., (a 
 true copy of which Policy is hereunto annexed) to the 
 
 determination of D. E. F., G. H. I. & K. L., of , 
 
 the award of whom, or the greater part of whom, being 
 
 made and reported within days from this day to the 
 
 Court of for the county of , the judgment 
 
 thereon shall be final : and if either party shall neglect to 
 appear before the arbitrators, after due notice given them 
 of the time and place appointed for hearing the parties, 
 the arbitrators may proceed in his absence. 
 
 Dated this day of A. D. 185 
 
 A. B., Party Insured. 
 C. D.,Pres't Ins. Co. 
 Signed, sealed and delivered in presence of 
 
 3. Agreement for the Sale of an Estate. 
 
 AN AGREEMENT between A. B., of , and C. D., 
 
 of , as follows: 
 
 The said A. B., for the consideration hereafter men- 
 tioned, doth covenant and agree to convey to said C. D. 
 in fee, all that lot of land, situate in M, [give descrip- 
 tion, boundaries, &,c.] by a warranty deed in common 
 form, with a good title, and a release of dower of the 
 wife of said A. B., on or before the day of next. 
 
 In consideration whereof, the said C. D. doth agree to 
 pay said A. B. the sum of two thousand dollars in the man- 
 ner following : one thousand dollars in money on deliv- 
 ery of the deed, and one thousand dollars in a negotia- 
 ble note, payable to said A. B. in two years, with inter- 
 est semi-annually, secured by a mortgage of said prem- 
 
 * If tht dispute it betieten individuals say : KNOW ALL MBIT, That A. B. 
 of, and C D. of . have agreed to subinii ihe demand which the said A. B. 
 has against the said C. D., which is hereto annexed, (or, and all other de- 
 mands between said panics, or the submission may be varied in this respect 
 in nny other manner) to the determination &c. See also Awards of Referees- 
 p. 25, and Bond of Arbitration, p. 30. 
 
 DMA 2*
 
 18 AGREEMENTS. 
 
 ises, to be made by said C. D. to said A. B., as collateral 
 security for the payment of said note. 
 
 Witness our hands and seals this day of , 
 
 A. D., 1852. A. B. [L. s.] 
 
 Signed, sealed, and delivered in presence of C. D. L. 8.J 
 
 [May be acknowledged and recorded] 
 
 4. Agreement for the Sale of Flour. 
 
 ARTICLES OF AGREEMENT made between A. B. of , 
 and C. D. of , as follows: 
 
 The said A. B. agrees to sell and deliver to said C. D., 
 
 at his store in C., on or before the day of 
 
 next, one hundred barrels of flour, warranted to be good 
 and merchantable. 
 
 In consideration whereof, the said C. D. agrees to pay 
 
 said A. B., dollars in full for said flour, in four 
 
 months from such delivery. 
 
 Witness our hands and seals this day of , 1852. 
 
 A. B. [L. s.] 
 
 fa presence of C. D. [L. s.] 
 
 5. Agreement with a Clerk, or Workman. 
 
 IT is AGREED by A. B. and C. D., both of D., as 
 follows : 
 
 The said A. B. has agreed to enter the service of 
 the said C. D., as a Journeyman [or Clerk,] and cove- 
 nants and agrees faithfully, honestly and diligently to give 
 and devote to him his time and labor as aforesaid, for the 
 space of year , from the first day of January next. 
 
 In consideration of which service, so to be performed, 
 he, the said C. D. covenants and agrees to allow, and 
 pay to the said A. B., the sum of four hundred dollars 
 per annum, payable in monthly payments. 
 
 But, if the said A. B. shall fall sick, or shall be absent 
 from the factory [or, shop] of the said C. D., when he 
 has employment for him, then such absent time shall be 
 deducted, allowed for, and made up to the said C. D. 
 
 In witness whereof, we have hereunto set our hands, &c. 
 
 A. B. (L. s.) 
 In presence of C. D. (t. s.) 
 
 6. Agreement to build a Store, or House. 
 THIS DEED WITNESSES, That A. B. of W., and C. D. 
 
 of X., agree as follows : 
 The said C. D., for the consideration hereafter men-
 
 INDENTURE OF APPRENTICE. 19 
 
 tioned, agrees to build and complete for said A. B., a 
 three story brick store, on lot No. Long Wharf, in 
 the town of B., in accordance with the plan and specifi- 
 cation signed by the parties; to provide all necessary 
 materials for constructing the same; and the work to be 
 done in a faithful and workmanlike manner, within six 
 months from the date hereof. 
 
 In consideration whereof, the said A. B. agrees to 
 
 pay to said C. D. dollars, as follows : [here state the 
 
 sums and times of payment.] 
 
 In witness, &c. A. B [L. s.] 
 
 Signed, sealed and delivered in presence of C. D. i. 8.] 
 
 APPRENTICE. INDENTURE OF. 
 
 THIS INDENTURE, *made this day of , in the 
 
 year , by and between A. B., of , in the county 
 
 of , ship carpenter, and C. D., of , in the coun- 
 ty of , mason, Witnesseth, 
 
 That the said A. B., in consideration of the covenants 
 and agreements of the said C. D., hereinafter set forth and 
 described, and in accordance with the consent and wishes 
 
 of his son S., of the age of years, who hereby 
 
 signifies his assent by subscribing this indenture, doth 
 intrust, bind, and hereby indent the said S. to the said 
 C. D., to learn the art and trade of [here describe the 
 particular trade or business] and with him, as an appren- 
 tice, to serve from the day of the date of this indenture, 
 
 until the day of in the year , at which time 
 
 he said S. will arrive at the age of twenty-one years. 
 
 And the said A. B., doth covenant with the said C. D., 
 that for and during the term aforesaid, the said S. shall 
 well, truly and faithfully serve him, and shall give and de- 
 vote to him his time and labor ; that he shall not destroy 
 
 * Duplicate copiei of this Indenture should be made, one for the master, and the 
 other Tor the apprentice, his parent, or guardian. On the death of the master the 
 apprenticeship is dissolved. The master ii liable for necessaries furnished the 
 apprentice, and also for medical attendance. If an apprentice leave his master, 
 without his consent, the master can maintain an action for his earnings and wages 
 against the person who shall employ him. 
 
 Ifan apprentice should be guilty of improper conduct, the master may, legally, 
 be discharged from the contract. The services of the apprentice cannot bo as- 
 signed ; nor, if his master leaves the state, is be obliged to go with him. 
 
 When a Minor makes a Contract for his cervices on his own account, his 
 father not objecting, this will be considered an implied contract on the part of 
 the father for the child to have his earnings, and the father consequently ha* 
 DO claims thereto. Pick. M. R. 201.
 
 20 ASSIGNMENTS OF CONTRACTS AND MORTGAGES. 
 
 or injure the property of the said C. D., but shall endeav- 
 or to advance the interest and benefit of his business, 
 and shall conduct himself in a temperate, honest and in- 
 dustrious manner. 
 
 And the said C. D., doth hereby covenant with the said 
 A. B., that he will truly and faithfully instruct and teach 
 the said S., in the art and trade aforesaid, to the best of his 
 knowledge and skill, and as far and fast as the said S. may 
 show himself disposed and capable of learning the same ; 
 that he will, during the term aforesaid, supply him with 
 good and suitable food, lodging and clothing, and all 
 things necessary in sickness and in health, and teach him 
 habits of industry and good morals. 
 
 And the said C. D. further covenants with the said A. 
 B., that he will pay to the said S. the following sums of 
 
 money ; for the first year of his service, dollars ; for 
 
 the second year of his service, dollars ; and for every 
 
 subsequent year till he shall arrive at the age of twenty-one 
 
 years, dollars, the said sums to be paid annually on 
 
 the first day of January. 
 
 And the said S. hereby signifies his assent to the terms 
 and covenants in this indenture, and promises to keep 
 and perform the same on his part. 
 
 In testimony whereof, we, the said A. B., C. D., and S. 
 B., have hereunto set our hands and sealsthe day and year 
 above written. Signed, A. B. (L. B.) 
 
 C. D. (L. s.) 
 
 Executed in presence of S. B. (l. s.) 
 
 ASSIGNMENTS.* 
 
 1. Assignment to be written on the back of a Bond, Cove- 
 nant, Agreement, Bill of Sale, or other Instrument. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, the with- 
 
 in named A. B., in consideration of dollars to me 
 
 paid by C. D., of , do hereby assign to said C. D. 
 
 * An Assignment is the Betting over or transferring the interest which one 
 person has in a thing to another. The person making the assignment is called 
 the assignor, the person to whom it is made, the assignee. 
 
 A chose in action may be assigned for a valuable consideration by delivery of 
 the evidence of the debt, without any written transfer. 2 Greenl. 143, 222. The 
 mere delivery of a bond, covenant, note, account, or other claim, for a valuable 
 consideration, is a valid assignment, if such delivery was intended by the par- 
 ties as a transfer. 17 Johns. 284, 13 Mass. 304. But the assignment of an in- 
 strument must be of as high a nature as the instrument itself. A deed can be 
 assigned only by a deed. An assignment of real state should be acknowl- 
 edged and recorded.
 
 ASSIGNMENTS OF LEASE AND MORTGAGE. 21 
 
 the within written instrument, and all my interest in the 
 covenants and agreements therein contained. 
 \A power of attorney may be added, if required, as follows .] 
 
 [And I do hereby constitute the said C. D. my attor- 
 ney, irrevocable, in my name, but to his own use, to 
 take all legal measures which may be necessary or pro- 
 per for the complete recovery and enjoyment of the as- 
 signed premises,]! with power of substitution. 
 
 Witness my hand and seal this day of , A. D., 
 
 one thousand eight hundred and fifty . 
 
 A. B. (L. s.) 
 
 Executed in presence of 
 
 2. Assignment of a Lease, by Indorsement. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., 
 
 within named, in consideration of dollars, to me 
 
 paid by C D., of, &c., do hereby grant and assign to C. D., 
 the lease within written, and all my estate and interest in 
 and to the premises thereby demised. To have and to 
 hold the said premises to the said C. D., for the residue 
 of the term within mentioned, under the yearly rent and 
 covenants within reserved and contained, on my part and 
 behalf to be done, kept and performed. 
 
 Witness my hand and seal, this day of , A. D. one 
 thousand eight hundred and fifty-two. 
 
 A. B. (L. s.) 
 
 Executed in presence of 
 
 3. Assignment, to be indorsed on the back of Mortgage. 
 
 IN CONSIDERATION of dollars, to me paid by C. D. 
 
 of , I, the within named A. B., do hereby grant and 
 
 assign to said C. D. the within mortgage deed, the es- 
 tate therein mentioned, and the promissory note and 
 debt thereby secured ; subject, nevertheless, to the con- 
 ditions therein contained, and to redemption according 
 to law. Witness my hand and seal the &.c. 
 
 A. B. [L. s.] 
 In presence of 
 
 [To be acknowledged and recorded.] 
 
 t Assignments of claims and debts, not negotiable, give (he assignee no right 
 to bring suit in his own name, but ho may sue in the name of the assignor. 
 
 In general the assignee of a claim takes it subject to all the equity, which ex- 
 it ted between the original parties. 
 
 When an assignment of a debt is made, the assignee should give immediate no- 
 tice of the assignment to the debtor, and preserve evidence of it.
 
 22 ASSIGNMENTS OF MORTGAGE, BOND, AND BILL. 
 
 4. Deed of Assignment of Mortgage. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., 
 
 the mortgagee named in a certain mortgage deed given 
 by E. F. to said A. B. to secure the payment of dollars ; 
 dated , recorded in Registry of Deeds, Lib. Fol. 
 , in consideration of the sum of dollars, to me paid 
 
 by C. D., of , in the county of , (the receipt of 
 
 which is hereby acknowledged) do hereby grant and as- 
 sign unto the said C. D., his heirs and assigns, the said 
 mortgage deed, the estate therein mentioned,* and the 
 promissory note and debt thereby secured. 
 
 To have and to hold the same unto the said C. D., his 
 heirs and assigns, to his and their use and benefit forever, 
 subject nevertheless to redemption according to law. 
 
 Witness my hand and seal, the day of , 1852. 
 
 Ezrtuled in presence of A. B. (L. 8.) 
 
 * NOTE. If an executor or administrator assign a mortgage, insert aftei 
 
 the word " mentioned'''' " which the said A. B. had at the time of his decease, 
 
 and which I have as executor aforesaid." 
 
 [To be Acknowledged and Recorded.] 
 
 5. Assignment of a Bond, where Assignor is liable. 
 
 For value received, I do assign and set over the with- 
 in obligation and all money due thereon, unto A. B., 
 hereby guaranteeing the payment thereof, in case of de- 
 fault being made by the within named C. D. 
 
 Witness my hand and seal, &c. E. F. [L. s.] 
 
 In presence of 
 
 6. Another, where the Assignor is not liable. 
 
 For value received, 1 do assign and set over the within 
 obligation, and all money due thereon, unto A. B., not 
 holding myself liable for the payment of the same; the 
 losses, if any, and the recovery thereof to be wholly at 
 the risk of the said A. B. 
 
 Witness my hand and seal, &c. E. F. [L. s.} 
 
 In presence of 
 
 7. Assignment of Contract, [See No. I.] 
 
 8. Short Form of an Assignment of a Bond or Bill. 
 
 For value received, I do hereby assign and set over all 
 my right, title, claim, interest, property, and demand what- 
 soever, in and to the within bill, unto C. D. 
 
 Witness my hand, &c. A. B. (L. s.) 
 
 In presence of
 
 ASSIGNMENT OP WAGES. 23 
 
 9. Assignment written on the back of an Insurance Policy. 
 MARCH 13th, 185 . For value received, I hereby as- 
 sign all my right and interest in the within Policy, to 
 C. D. A. B. (L.S.) 
 
 Approve*, A. W. President. 
 
 10. Assignment of Wages now Due, and to become Due. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., 
 
 of , in consideration of dollars, to me paid by 
 
 C. D. of , do hereby grant, sell and assign to said 
 
 C. D. all claims and demands which I now have, or which 
 
 I may have against E F., of , [or, the town, or city 
 
 of ], on the first day of July next, for all sums of 
 
 money due, and to become due to me from said E. F., 
 [or, to become due to me for services in the Fire Depart- 
 ment of the town, or, city (if ] ; with full power, in 
 
 my name, at his own costs, to collect, receive, discharge, 
 or assign the same. Witness my hand and seal &.c. 
 
 In presence of A. B. [L. 8.] 
 
 11. Assignment of all Claims against Dtbtor. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, (of 
 
 we,) [here insert the names of the subscribers,] of , 
 
 in the county of , and Stnte of , in considera- 
 tion of having received of C. D., of , in the county 
 
 of , and State of , Manufacturer, thirty per 
 
 cent, of all [my, or, our] claims against the said C. D., 
 
 in said , [which are not protected or secured by 
 
 mortgage on the property of the said C D. or otherwise,] 
 
 a schedule of which claims belonging to is hereto 
 
 annexed, marked [A,] do hereby sell, transfer, and assign 
 unto the said C. D., all right, title and interest in and to 
 said claims and demands against the said C. D., which are 
 enumerated and described in the said schedule. 
 
 In testimony whereof, we have hereunto set our &c. 
 
 Signaiurit and Seals. 
 In presence of 
 
 12. Assignment of Interest in Land for a Term of Years. 
 
 KNOW ALL MEN BY THESE PRESENTS, That A. B., of 
 
 , in the county of , bookseller, in consideration 
 
 of dollars to him paid by S. H., of , mason, 
 
 the receipt whereof is hereby acknowledged, does hereby
 
 24 ASSIGNMENT OF DEBTOR. 
 
 sell and assign unto the said S. H , one undivided third 
 
 part of a certain dwelling house on street, in said 
 
 , with the land under and adjoining the same, and 
 
 the privileges and appurtenances thereto belonging. The 
 said dwelling house being the same formerly owned by 
 
 E. M. C., late of said , deceased, and by his last 
 
 will and testament devised to E. A. and others; the said 
 premises being subject to certain leases to the present 
 tenants thereof. 
 
 To have and to hold, the above-granted premises to 
 the said S. H., his heirs, executors, administrators and 
 
 assigns, for and during the term of -years, from the 
 
 day of , eighteen hundred and , if the said 
 
 A. B. shall so long live. 
 
 And the said A. B. does hereby grant to the said S. H., 
 full power and authority to receive the rents and profits 
 of the above-granted premises, and in his name or other- 
 wise to give full discharge therefor. 
 
 In witness whereof, the said A. B. has hereto set, &c. 
 
 Signed, stated and delivered in presence of A. B. (L. S.) 
 
 13. Assignment of Debtor for the Benefit of Creditors. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. 
 
 B., of , in consideration of one dollar to me paid by 
 
 C. D., of , and of the trusts herein expressed, do 
 
 hereby convey and assign to said C. D., all my estate, 
 re;>l and personal, excepting such parts thereof as have 
 been, or shall be left in my hands, as being by law ex- 
 empted from attachment : with all my deeds, books and 
 papers relating thereto, a schedule of the principal part 
 of which property is hereto annexed.* 
 
 To HAVG AND TO HOLD, all the above-granted premi- 
 ses to the said C. D.,his heirs and assigns, in trust t to 
 sell and dispose of said property on such terms as he may 
 think best for the interest of all concerned ; and collect 
 and convert into money all the debts and demands, or so 
 much thereof as may prove collectable; and, after deduct- 
 ing from the proceeds of said property, the expenses incur- 
 red by said C. D , in transacting the business, and a rea- 
 sonable compensation for his services, to divide and pay 
 the residue of said proceeds among all the creditors of 
 
 * In gome Stoles 'he forms of 03*1311 metns are prescribed by Statute . mothers, 
 no preference of one class of creditors over another is allowed ; in others, a 
 delilor may legally prefer one or more creditor*.
 
 AWARDS. 25 
 
 A. B., who shall become parties hereto within days 
 from the date hereof, in equal proportion to their respec- 
 tive claims. 
 
 C. D. agrees to execute said trusts, being responsible 
 only for his actual receipts, or wilful defaults. And the 
 creditors whose names are subscribed, agree to said as- 
 signment, and that this instrument shall be a release in 
 full of all their claims, whenever their just proportion of 
 the proceeds of said property shall be paid. 
 
 Witness our hands and seals this day of &c. 
 
 A. JJ [L.S.] 
 C. D. [L. s] 
 
 Executed in presence of E. F. [L. S.j &C. 
 
 [To lie recorded when real estate is included.] 
 
 AWARDS.* 
 1. Award by Referees. 
 
 WE THE UNDERSIGNED referees, appointed by the within 
 rule of Court, [or, by a bond or agreement of submission] 
 
 dated the day of , having notified and met the 
 
 parties, and heard their several allegations, proofs, and ar- 
 guments, and having duly considered the same, do award 
 and- determine, that the said A. B. shall recover of the 
 
 said C. D. dollars, [together with costs of Court, 
 
 to be taxed by the Court,] and the costs of this reference 
 
 which amount to dollars, and that the same shall 
 
 be in full of all matters referred to us. 
 
 Dated at this day of A. D. 185 . 
 
 E. F. i 
 
 G. H. \ Refereet. 
 1. K. 5 
 
 * Awaid,or arbitration, is an amicable, and generally expeditious and clirnp 
 method of adjusting controversies and litigations, when the paities can a'gree to 
 luliniit the iiubjectii in dispute to one or more persons chosen by themaHves. 
 Thciragreemuni to submit i? termed the submission. Except in mailers of trifling 
 importance, it should he in writing and mny be by baud, or by a rule of Court. 
 It shouhl name the arbitrators, should define the subjects of controversy, limit the 
 time of miking the u ward, and clenrly state all the agreement of the parties. Ik 
 mny authorize two or more arbitrators to choose another, or to choose an urn* 
 pire in case of difference. If the submission does not otherwise provide, all th 
 arbitrators must be present at the hearing, and must agree to then ward. 
 
 If ihe submission bo in writing, the award should also be in writing 
 
 The proceeding* at the iio.irinf, and the uw ird itself,should perfectly agree with 
 the terms of the submission. The award should he a clear, distinct and final 
 determination of each and all the matters of controversy contained in the sub- 
 mission, and should embrace nothing more. 
 
 If it bn a rule ofConrt, it should be sealed up and returned to Court, otherwise 
 copies should be given to ench party. Arbitration Bonds should beta common 
 form with condition to submit as agreed, and to perform the award. 
 
 See Bond of Aibitration,page 30. 
 
 BMA 3
 
 26 AWARDS. 
 
 *2. Award by Referees. 
 
 [Direction.] 
 
 To the Court of for the County of State of 
 
 , [or, To the Insurance Company and A. B., 
 
 of , in the State of ] : 
 
 The within is the Award of D. E. F., G. H. I. & KiT"., 
 Referees to Assess the Loss or damage by fire on Mr. A. 
 
 B.'s house, No. 1 street. 
 
 Agreement. 
 
 , ss. B , Nov. 3, 185-. We the subscribers 
 
 individually agree to open the within Award, and to abide 
 by the decision of it, the same as if opened in Court. 
 
 C. D., Pres't of Ins. Com. 
 
 A. B., Party Insured. 
 Witness, 
 
 AWARD. 
 
 WE THE UNDERSIGNED, [Referees, appointed by the 
 within agreement of Submission,]! having notified and 
 met the parties, and heard their several allegations, proofs 
 and arguments, and duly considered the same, do award 
 and determine, that the within named A. B. shall recov- 
 er of the said Fire [or Marine] Insurance Company, 
 
 the sum of dollars, in full of all demands, under the 
 
 annexed Policy of Insurance, together with the costs of 
 this reference, which amount to dollars. 
 
 Dated at , and signed as in No. 1. 
 
 3. Award of Referees for Valuation of Land. 
 
 WE, THE UNDERSIGNED, appointed by the , to 
 
 view and assess the damage sustained by the petitioners, 
 
 A. B. and C. D. by reason of do hereby report: 
 
 That we have viewed the lots of land taken up by the 
 road mentioned in said petition, and do value and adjudge 
 the damage thereby occasioned, to the said A. B. at the 
 sum of dollars, and to the said C. D. at the sum of 
 
 dollars, respectively. 
 
 Dated this day of , A. D. 1850. 
 
 E. F. 
 G. H. 
 
 * See greement of Submission , p. 17. 
 
 f If only two of the referees agree, innteail of the words inclo?ed in bracket* 
 ay. [n major part of the refereef , appointed by the within Azreement of Submis- 
 sion, K. L. the other rnferee, who has not signed the award, having been present at 
 the hearing]; aad it should be signed U. .F.,O. H. I., a major part of the referees.
 
 BILLS OF SALE. 27 
 
 BILLS OF SALE. 
 Bill of Sale of Goods, under Seal* 
 
 KNOW ALL MEN BIT THESE PRESENTS, That I, A. B., 
 
 of , county of , in consideration of 
 
 dollars, to me paid by C. D. of , do grant, sell, 
 
 and deliver to said C. D., the following goods and chat- 
 
 RULES OF LAW. 
 
 A Bill of Sale is a contract, by which one person, for a valuable consider- 
 ation, transfers the right and interest which he has in goods or chattels 
 
 t>elivery must be accompanied by acceptance on the part of the purchaser; 
 o. where one ordered several articles in a shop, some of which he marked 
 wiih a pencil, while others were measured in his presence, and in pursuance 
 of his directions were sent to his house, but he refused to receive them, it wa 
 no sale. 4 M. & S 262. Delivery to an agent, or carrier, if with the purcha- 
 ser's consent, is sufficient. Earnest will also bind the bargain, but it must 
 consist of the giving away of something valuable ; and not a mere ceremony. 
 
 Delivery of bulky articles, as lumber, &c., lying on a wharf; the assignment 
 ofaship, orbill of lading; orthe delivery of the key of the warehouse; payment 
 of warehouse rentby the purchaser; or delivery of a sample, if part of'the bulk 
 of the article; or of an order upon the warehouseman; the delivery of a bill 
 f parcels, the receipt, ticket, sale-note, certificate, or stamp, &c., have been 
 beld to be constructive deliveries, and sufficient to pass the properly. The 
 Statute requires, if the amount exceed a certain sum, a written note, or mem- 
 orandum of the bargain, signed by the purchaser or his agent. According to 
 Black-stone as soon as the bargain is struck the property of the goods is trans- 
 ferred to the purchaser ; and if they be damaged or destroyed the loss falls on 
 him, though they still remain in the hands of the seller. But to produce this 
 effect, the goods must be in a deliverable state, and no act, process, or prepa- 
 ration be necessary to be done or performed by the seller, or his warehouse- 
 man, or agent, to make them so, as counting, measuring, weighing, or the like. 
 But when the goods are actually delivered, the sale is complete, though the 
 goods are still to be counted, weighed or measured in order to ascertain the sum 
 to be paid for them. It is the duty of the seller to perform his share of the con- 
 tract, by delivering the property, and giving the purchaser all facility in taking 
 possession. It is the duty of the purchaser, first to take delivery of the good* 
 and then to pay for them. When no price is named, the market price, or, as it 
 would seem, the lowest price at which such goods are sold, will be the criterion. 
 
 On a contract of sale of goods, the general rule is, that the delivery is to be at 
 the place where the vendor bag the article ; but in a contract to pay a debt at 
 another time, in such articles, they must bo delivered at the creditors place of 
 residence. 2 Kent, 505. 5 ed. 
 
 Implied Warranties tesolve themselves into two conditions : 1st. That the 
 article is the vendor's own, and at his free disposal. 2d. That it is what he 
 tells it for. Where an article is sold for a particular purpose there is an im- 
 plied warranty that it is applicable to that purpose; and if a horse is purchased 
 for riding, a draught horse, however valuable, will not be a fitting substitute. 
 Where a bargain is annulled on such a ground, however, it must be distinct- 
 y shown that ihe special purpose was understood between the parties, and that 
 the buyer was ignorant that what he had purchased was unsuitable. Where the 
 warranty is Express, the sale is vitiated whether the purchaser is aware of its 
 falsehood or not. Direct misrepresentation by the seller avoids the sale. 
 
 It is a general rule that the employer will be bound by the warranty of his 
 clerk or shopman, if acting within the scope of his authority. 
 
 If the vendor of goods make any assertion respecting the kind, quality, or 
 condition of the article upon which he intends the vendee should rely as a fact, 
 and upon which he does rely, that is a warranty. (9 N. II. 111.) 
 
 Warranty must be upon the sale ; if it be made after, it is void for want of 
 consideration 
 
 A voluntary sale of goods, with an agreement that the vendor is to keep the 
 possession, is fraudulent and void, except in special cases shown to the court 
 and approved by them. It is advisable where possession is to be retained in 
 the seller, to take back a lease from the buyer. 
 
 For further information on Sales, see the " Trader's Guide;" one of this se- 
 ries, which also contains the Law of Notes, Bills of Exchange, Contracts, &c.
 
 28 BONDS. 
 
 tels, viz : [here insert a schedule of the articles and prices,] 
 to have and to hold the said goods unto the said C. D., 
 his executors, administrators and assigns forever. 
 
 In witness whereof, I have hereunto set my hand, &,c. 
 
 A. B. (L. s.) . 
 
 Executed in presence of 
 
 BONDS. 
 General Form of Bond. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B. 
 
 of G. in the county of G., am held and firmly bound to 
 
 C. D., of J., in the county of J., in the sum of dollars, 
 
 [this amount should be double the sum named in the con- 
 dition, to cover costs and contingencies] to be paid to 
 said C. D. ; to which payment I bind myself and my 
 heirs* firmly by these presents. Sealed with my seal, 
 dated the day of , A. D. I85-. 
 
 The condition of this obligation is such, That if I, the 
 
 said A. B., shall pay to said C. D. the sum of dollars 
 
 and interest, on or before the day of next, then 
 
 this obligation to be void. A. B. [L. s.] 
 
 Signed, scaled and delivered in presence of 
 
 * A BOND, or obligation, is a deed whereby the obligor binds himself, his 
 heirs, executors, and administrators, to nay a certain sum of money to another, 
 at a day appointed, (Blackstone Com, li 340), or to perform some act. 
 
 If in a bond the obligor bind himself and his k f irs to do anything whatsoever, 
 his heirs are bound ; therefore, if it is intended to bind the heirs the term heirs 
 must he named in the bond Executors and administrators are bound, though 
 not named. Sheppard's Touchstone, 177, 369. 
 
 If a man covenant for himself only to pay money, build a house, or the like, 
 and do not say in the covenant " his executors and administrators," yet his 
 executors and administrators are bound, and shall be charged, Sfitp. T. 178. 
 
 Executors and administrators need not be named in any legal instrument ; 
 they are bound by every covenant, unless it is such a covenant as is to be 
 
 Eerformed personally by the covenanter, and there has been no breach before 
 is death. Cro. Eliz. 553. 
 
 Bunds, and other instruments, are often found, where the repetition of the 
 words " bis executors, administrators and assigns" constitute about one third 
 of the instrument. As these words are mere surplusage, and serve only to ob- 
 scure the sense and lengthen the instrument, they may always be omitted. 
 
 A Bond without a Condition is called a single one ; but a Condition is gene- 
 rally added which makes the obligation void if the act be performed, otherwise 
 it remains in full force. In case this condition is not performed, the Bond be- 
 comes forfeited, or absolute nt law, and charges the obligor. A penalty for non- 
 fulfilment of the condition is annexed, in double the principal sum. If a bond 
 be sealed aid delivered, though it bear no date, it is valid. If a bond be inter- 
 lined, or words are erased, in important parts, it will render it void. Bonds 
 and all penal obligations, in whatever form, to do an act forbidden by law, or to 
 forego any privileges secured to a man by law, are void. The same is true oi 
 agreements, or obligations to divide the profits orgains,tobe derived from ille- 
 go I 'peculations or business. Thusa bond or note to pay illegal interest, asum of 
 money won at gaming, or to commit a trespass on the property, or an assault on 
 the person of another, is void ; as is likewise an obligation not to plead usury, 
 infancy or any other legal defence to a suit, or not to prosecute a man for a crime, 
 or for cheating, or taking an illegal advantage of another.
 
 BONOS. 29 
 
 Bond of Two Obligors. 
 
 KNOW ALL MEN BY THESE PRESENTS, That W6, A. B. 
 
 and E. F., of &c., are held and firmly bound to C. D., of 
 
 &c., in the sum of dollars, to be paid to said C. D. ; 
 
 to the payment whereof we jointly and severally bind 
 ourselves and our respective heirs firmly by these presents. 
 Sealed with our seals, dated the day of , A. D. 1852. 
 The condition of this obligation is, That if the said 
 A. B. and E. F., or either of them, shall pay to said C. D. 
 dollars and interest, on or before the day of next, 
 this obligation shall be void. A. B. [L. s.] 
 
 E. F. [i. s.j 
 Signed, sealed, and delivered in presence of 
 
 Condition to pay Money by Instalments. 
 The condition of this obligation is, That if I, the said 
 A. B., shall pay to said C. D. one thousand dollars and 
 interest, in manner following, to wit : three hundred dol- 
 lars and interest thereon on the first day of June next; 
 three hundred dollars and interest thereon on the first 
 day of December next; and four hundred dollars and in- 
 terest thereon on the first day of June, 1854 ; then this 
 obligation to be void. A. B. [L. .] 
 
 Sijrned, sealed and delivered in presence of 
 
 Condition to Indemnify. 
 The condition of this obligation is, That if I, the said 
 
 A. B., shall indemnify said C. D. against all loss, cost, 
 
 A bond roust be under seal, and thus constitutes a higher obligation than a sim- 
 ple contract. An obligation by bond extinguishes a simple contract debt, but the 
 bond of a surety will not extinguish the debt of the principal (6 T. R. 176'). A 
 bond beinj a chase in action cannot be assigned so as to enable the assignee to pur- 
 sue on it in bis own name; but by modern practice the assignee sues in the name 
 of the obligee, a power to that effect being inserted in the assignment. A bond 
 requires no particular form, provided it distinctly set forth an obligation to pay 
 money, or duty to be performed, and be sealed and delivered. One of the chief 
 advantages of a bond is, that it binds not only the obligor but his heirs in spe- 
 cialty, so that the holder's claim has precedence of those who are creditors by 
 simple contract, over the assets, real and personal, of the deceased. 
 
 In a suit on a bond, judgment maybe rendered for the amount of the penalty 
 expressed, but execution will be issued only for the amount due in equity and 
 good conscience, the amount to be determined by the court, or on motion of eith- 
 er party, by a jury. 
 
 The penalty named in the Bond may be any sum that the parties agree upon. 
 It is usually double the amount mentioned in the obligation. It should always be 
 sufficient to cover the loss and damage that may arise from the non-performance 
 of the condition. In the following case the penalty though double the amount, did 
 not prove sufficient " A. B. was bound in a bond, to convey to C. D. on bis pay- 
 ing a certain amount of money, a deed of a lot of land. C. D., proceeded to erect 
 a building on the promises exceeding the amount of the penalty , whereupon A. 
 
 B. refused to convey, and paid the full amount of the penalty in the bond." 
 
 BMA 3*
 
 30 BONDS. 
 
 damage, and expense to which he may be subjected by 
 reason of his signing a bond, (or endorsing anote&/c., or 
 paying the sum of dollars for ,) at my request; 
 then this obligation to be void. 
 
 Signed, sealed, and delivered in presence of A. B. [li. 8 J 
 
 Condition of a Bond of Arbitration * 
 The condition of this obligation is such, That if said 
 A. B. shall perform and keep the award of E. F., G. H., 
 and I. J., all of , or any two of them, arbitrators, mutu- 
 ally chosen to adjudge and determine concerning [here 
 state the matter in dispute], and all demands whatsoever, 
 depending by or between the said parties, so as said 
 award be made in writing, and ready to be delivered to 
 
 the said parties, on or before the day of , then 
 
 this obligation shall be void. 
 
 Signed, sealed and delivered in presence of A. B. (L. s.) 
 
 A similar bond should be executed by C. D. to A. B 
 
 Condition of a Bond of Indemnity on paying Lost Note. 
 The condition of this obligation is, That, whereas 
 the said C. D., on the 14th day of March last, by his note 
 in writing by him signed, of that date, for value received, 
 promised the said A. B. to pay him or order, the sum 
 
 of dollars in months from date ; which said note 
 
 is alleged to be lost out of his possession, and cannot be 
 found ; and whereas the said C. D. hath this day paid the 
 said sum according to the tenor thereof: Now, therefore, 
 if the above bound A. B. shall save the said C. D. his ex- 
 ecutors, administrators and assigns forever harmless, for 
 having so paid said sum of money, and from all liability 
 under and by virtue of said note, and from all loss, cost, 
 damage, and expense, that shall or may arise therefrom ; 
 then this obligation shall be void. A. B. [L. s.] 
 
 Signed, sealed and delivered in presence of 
 
 Condition of a Bond to Convey Land, 
 The condition of this obligation is such, That if said 
 A. B , upon the payment of dollars and interest, by said 
 C. D ., within one year from this date, shall convey to said 
 C. D. and his heirs forever, a certain parcel of land, with 
 the buildings thereon, situate in L , bounded and described 
 as follows: [here insert boundaries and description] ; by a 
 
 * See Award of Arbitrators, page 25.
 
 BONDS. 31 
 
 warranty deed in common form, duly executed and ac- 
 knowledged ; the premises being then in as good condi- 
 tion as they now are, necessary decay and deterioration 
 excepted ; then this obligation shall be void. 
 
 A. B. O. s.] 
 
 Signed, sealed, and delivered in presence of 
 
 Bond with two Sureties. 
 
 KNOW ALL MEN BY THESE PRESENTS, That WC, A. B. 
 
 as principal, and C. D., and E. F., as sureties, all of B . 
 in the county of S ., are holden and stand firmly bound 
 
 unto H. G., of said B , in the sum of dollars, to 
 
 be paid to the said H. G. ; to the payment whereof we 
 jointly and severally bind ourselves and our respective 
 heirs, firmly by these presents. 
 
 Sealed with our seals. Dated the day of , 
 
 A. D. one thousand eight hundred and . 
 
 The condition of this obligation is such, That 
 
 A 
 C 
 
 Signed, sealed and delivered inpresenee oj 
 
 L. B. j>. S.] 
 
 . D. [L. 8.] 
 
 :. F. IL. 8 .] 
 
 Bond of Treasurer [or Trustee] of a Lodge of I. O. of 
 O. P., or of any similar Association. 
 
 KNOW ALL MEN BY THESE PRESENTS, That WC, A. B., 
 
 as principal, and C. D. and E. F. as sureties, all of 
 
 in the county of and state of , are held and 
 
 firmly bound unto G. L., and J. B., both of 
 
 aforesaid, in the sum of dollars, to be paid unto the 
 
 said L. and B. or their successors in office, or their certain 
 attorneys, executors, administrators, or assigns. To which 
 payment well and truly to be made, we jointly and severally 
 bind ourselves, and our respective heirs, firmly by these 
 
 presents. Sealed with our seals and dated the day 
 
 of , eighteen hundred and . 
 
 The condition of this obligation is, That whereas the 
 above named A. B., has been chosen by an Association, 
 
 known as, Treasurer, [or, one of the Trustees] of said 
 
 Association, by reason whereof, and as such Treasurer 
 [or, Trustee,] he will receive into his hands and possession 
 divers sums of money, goods and chattels and other 
 things, the property of said Association ; and is bound 
 to keep true and accurate accounts of said property, and 
 of his receipts and disbursements for and on account of 
 said Association :
 
 32 COPARTNERSHIP. 
 
 Now, therefore, if the said A. B. shall well and truly per- 
 form all and singular the duties of Treasurer [or, Trustee] 
 of said Association, for and during his official term, and 
 until he shall deliver all the property which he may receive 
 as such Treasurer [or, Trustee,] to his successor in said 
 office, or to such other person as the said Association or its 
 authorized officers may direct, according to the provisions 
 of the Constitution, By-Laws, Rules and Regulations of 
 said Association now existing, or which may be by said 
 Association adopted ; then this obligation shall be void. 
 
 A. B. (L. a.) 
 C. D. (L. s.) 
 
 Signed, sealed and delivered in presence of E. F. (L.. s.) 
 
 COPARTNERSHIP. 
 
 Rules of Law Relating to Copartnership. 
 
 Any two or more persons may enter into a contract to become partners 
 in any business, where each contributes something of value to the busi- 
 ness, whether of money, labor, skill of credit ; and is entitled to part of 
 the profits and subjected to a portion of the loss. 
 
 Partnerships may be general or special. General partnerships extend 
 to the whole of the mutual dealings of the parties. Special partnerships 
 are formed for a particular concern, or for a single dealing or adventure. 
 
 As to the control of partners over the partnership property, it depends on 
 the articles of copartnership. The various provisions relating to the man- 
 lier in which the partnership business is to be conducted, the space of time 
 it is to endure, the capital each is to bring into the trade, the proportions 
 in which the profits and loss are to be divided, the mode agreea on for set- 
 tling the accounts, together with the various covenants adapted to each 
 particular case, are entirely the subject of personal and private agreement. 
 If there has been no express stipulation, the majority must decide as to 
 the disposition and management of the partnership concerns. 
 
 Each member of the firm becomes responsible for the acts and con- 
 tracts of his copartners, in the way of sale, purchase, promise, pledge, 
 loan, guarantee, or agreement, where performed in the course of the part- 
 nership concern. For the same reason, if a partner draws, accepts, or en- 
 dorses a bill or note, he thereby renders his firm liable. So, one partner 
 may release actions, debts, &c. But this liability may be avoided, as 
 where there is collusion between the party with whom the sale, purchase, 
 &,c. and the contracting partner takes place ; or where one of the firm dis- 
 claims all liability, and gives notice to the party with whom the partner is 
 about to contract ; or, where the party taking the partnership security is 
 aware that it is not given in behalf of the partnership transactions. 
 
 A man becomes a partner by allowing the world in general to presume 
 that he is one ; as, by having his name on the sign of a shop, or in the bills 
 of parcels, invoices, &c. Persons agreeing for a share, or specific interest, 
 in the profits as a remuneration of labor, generally involve themselves in 
 the liability of a partner. But not if they receive a given sum for their labor, 
 which is in proportion to a given quantum of the profits. A dormant part- 
 ner is liable, when discovered, as if his name had appeared in the firm. 
 
 In Massachusetts, New York, and many of the States, acts have been 
 passed providing for limited partnerships, by virtue of which a person, of 
 persons, may become interested in a business, by furnishing funds to carry
 
 COPARTNERSHIP. 33 
 
 it on, and are not liable for the debts of the firm beyond the amount of the 
 fund so contributed. In the limited partnership tne general partners are 
 only allowed to conduct the business, and use their own names. Special 
 partners have no right to interfere; but they may advise as to its manage- 
 ment, dec. The notice of the partnership must be published in some news- 
 paper, and be recorded. 
 
 A dissolution of partnership may take place under express stipulation 
 in the articles, by mutual consent, by the death or insanity of one of the 
 firm, by award of arbitrators, or by a court of equity in cases of miscon- 
 duct of some member of the firm. 
 
 Articles of Copartnership between Two Tradesmen. 
 
 ARTICLES OF AGREEMENT made the day of , A. D. 
 
 one thousand eight hundred and fifty , between J. D. of , 
 
 of the one part, and R. R., of , of the other part. 
 
 The said J. D. and R. R. have agreed, and by these presents do 
 
 agree, to become copartners together in the art or trade of , and 
 
 do hereby promise to be governed by the following articles, namely : 
 
 First, Tin- said business shall be carried on under the name of 
 D. and R. 
 
 Second. Each of said partners shall furnish in cash a capital of 
 
 dollars, of which the sum of dollars shall be advanced by 
 
 each partner immediately, and the remainder by three equal month- 
 ly instalments of dollars. 
 
 Third. Each of said parties shall give his personal attention and 
 devote his time, during reasonable hours of business, wholly to the 
 interests of the firm, and shall use his best skill, judgment and dis- 
 cretion in promoting the profits of the business; and during the 
 continuance of this agreement neither of said partners shall engage 
 in any speculations on his own separate account, to, or be in any way 
 interested in any other business than that of the copartnership 
 hereby established. 
 
 Fourth The accounts of the said parties shall be kept in regu- 
 lar books, by double entry, [or single entry,] so long as either party 
 shall desire it, and every transaction shall be duly entered, and the 
 said books shall at all times be open to the inspection and free uso 
 of either party. 
 
 Fifth. Neither of said parties shall assume ny pecuniary lia- 
 bility, either in his own name or that of the firm, fortbe accommo- 
 dation of any other person without the written consent of the 
 other party. 
 
 Sixth. All purchases of goods exceeding the value of dol- 
 lars, shall be the subject of consultation and mutual agreement by 
 the partners. 
 
 Seventh. Neither party shall withdraw from the business of the 
 concern more than his share of the profits, which may have accrued, 
 nor more than dollars monthly. 
 
 Eighth. An account of the joint stock and the joint liabilities 
 shall be taken at the expiration of each year from the date of this 
 instrument, and at any other time when either of the parties shall 
 in writing request it. 
 
 Ninth. This copartnership shall continue for the term of five 
 years from this date, subject, however, (o be terminated by the 
 death of either partner, or the mutual agreement of the parties, or 
 a violation of either of the foregoing agreements.
 
 34 DISSOLUTION OF COPARTNERSHIP. 
 
 Tenth, The division of the profits or losses in the business shall 
 \>e equal. 
 
 Eleventh. For the purpose of securing the performance of the 
 aforesaid agreements, it is agreed that either party, in case of any 
 violation of them, or either of them, by the other, shall have the right 
 to dissolve the copartnership forthwith ; and, if the fact of such vi- 
 olation having taken place, be disputed by the party accused, it 
 shall be left to the decision of three disinterested persons, of whom 
 each party is to choose one person, and these two a third one, and 
 the decision of the majority of these three shall be conclusive. 
 
 In witness whereof, we have hereunto interchangeably set our 
 hands and seals the day and year first above written. 
 
 J. D. [L. s.] 
 Executed in presence of R . R. [L. s.] 
 
 Substitute Jot the Second and Tenth Articles. Second. The said J. D. 
 ihall invest in the business aforesaid, a capital of five thousand dollars, 
 to be advanced immediately, and the said R. R a capital of tlirce thousand 
 dollars, in three eqinl monthly instalments, the first of which shall be advanced 
 within ten days from the date of this instrument. 
 
 Tenth. Any losses which at the dissolution of the partnership may be found to 
 have accrued, shall be shared in proportion to the capital invested by (he suid par- 
 ties respectively. And whereas the said R. K. has been for many yours engaged in 
 the business aforesaid, and the said J. 1). has had no experience, the following rule 
 (hall be adopted for the division of the profits which may be made, to wit: 
 
 To the capital stock of the said R. R. shall be added the sum of ten thou- 
 sand dollars, and to the capital stock of the said J. I), shall be added the sum 
 of six thousand dollars, the said sums thus added being the respective amount, 
 which at a profit of fifteen per cent, per annum, would produce the estimated 
 value of their personal services, and the profits which may accrue in the businosa 
 (hall be shared in tho proportion of the aggregates of the sums produced by the 
 aforesaid additions respectively. 
 
 Agreement to continue the Copartnership : to be endorsed on 
 the back of the Articles. 
 
 IT is AGREED, That the partnership which has expired this day [or, 
 mention the day when it will expire,] by limitation, contained in the 
 \viihin written articles, shall be continued on the same terms, for the 
 
 further term of years from this date, [or from the day of next] 
 
 with all the provisions and restrictions herein contained. 
 In witness whereof, we have hereto set our hands, &c. 
 
 J. D. (L.s.) 
 R. R. (L. s.) 
 Executed in pretence of 
 
 * Dissolution of Copartnership. 
 
 Whereas by articles of agreement made the day of , A. D. 
 
 one thousand eight hundred and , between A. B. and C. D. both of 
 
 the city of , the said A. B. and C. D. did enter into partnership, for the 
 
 purpose of carrying on the trade of , for the term of years, and 
 
 whereas the said C. D. has proposed to A. B. a dissolution of the partner- 
 ship, to which proposition A. B. has assented ; the parties therefore 
 mutually agree, that the partnership heretofore existing between them be 
 this day dissolved, and it is accordingly dissolved. And it is further 
 
 *A dissolution of copartnership, should be published immediately after it takes 
 place, and a special notice sent to those who have dealings with the company.
 
 COMPOSITION WITH CREDITORS. 36 
 
 stipulated and agreed mutually between them, that the said A. IV shall 
 
 take the entire stock of , now on hand belonging to the partnership, 
 
 at a valuation to be set upon the same, by two skilful persons mutually 
 appointed to value the same, and that the said A. B. also have power 
 to collect the debts now due to the partnership, and recover the same, or 
 anv part of the same, in the name of the firm, by suits at law or in equi- 
 ty"; and that finally the said A. B. do pay over to the said C. D. the full 
 share and proportion of stock and profits which shall appear to be du 
 
 to the said C. D. in months from the date hereof, &c. 
 
 Witness our hands and seals, &c. 
 
 A. B. f>. s./ 
 C. D. (L. s.) 
 Executed in presence of 
 
 Notice of Dissolution of Partnership. 
 Notice is hereby given, that the partnership lately subsisting between A. 
 
 B. and C. D. of , under the firm of B. &. D. expired on the day 
 
 of , for, was dissolved on the day of , by mutual consent.] 
 
 A. B. is authorized to settle all debts due to and by the company. 
 
 A. B. 
 C. D. 
 
 COMPOSITION WITH CREDITORS. 
 
 WE the undersigned, creditors of A. B. of , in consideration of 
 
 One Dollar, and other good and sufficient considerations, to us several- 
 ly paid by said B., (the receipt whereof is hereby acknowledged.) do 
 severally promise and agree with said B., that we will receive in full 
 satisfaction and discharge of our respective claims against him, the amount 
 of per cent, thereof, in promissory notes for our respective per cent- 
 ages, payable on demand in three equal instalments, in three, six, and 
 nine months from this date: said notes to be dated this day, (and 
 secured by a good endorser.) 
 
 Provided, that such notes endorsed as aforesaid, shall be tendered or 
 delivered to us respectively within days from this date. 
 
 In testimony whereof, we have hereunto set our hands and seals, this 
 day of , A. D. eighteen hundred and fifty . 
 
 AMOUNTS! | | NAMES OF CREDITORS! j SEALS. 
 
 Composition with Creditors, (another.) 
 
 THIS AGREEMENT of two parts, made and concluded this day of 
 
 in the year eighteen hundred and fifty, by and between John l)oe 
 
 and Richard Roe. of , merchants, and copartners under the name and 
 
 style of Doe &. Roe, and John Stock, of , in the county of 
 
 merchant, of the first part, and H. G., and the other persons, copartners and 
 corporations, whose names are in the schedule hereto annexed, (being 
 creditors of the said firm ofD&. R.) of the second part, WITNKSSF.TH, 
 
 That, Whereas, the said firm of Doe & Roe are indebted to the panics 
 of the second part in divers sums of money, which they are unable punc- 
 tually to pay and discharge, and have transferred and conveyed their pro- 
 perty to the said John Stock in trust, for the benefit of the creditors of 
 the said firm, 
 
 Now, therefore, in consideration of the premises, and of the discharge 
 from all their debts hereinafter set forth and granted to the said firm of 
 D.&R. bv their said creditors, the said D. & R. do hereby covenant and
 
 36 CAUTIONS IN SELLING AND BUYING ESTATES. 
 
 agree. 10 and with their several and respective creditors, that they will give 
 to each and every of them their promissory notes, bearing date the tenth 
 day of October, A. D., 1850, payable to the order of themselves and by 
 themselves respectively endorsed, and subsequently endorsed by the said 
 John Stock, payable in equal sums in six, nine, and twelve months, 
 with interest, for fifty per centum of the amount which shall be found to 
 be due on all their bills and notes payable to each and every of said 
 creditors. All notes and accounts to be made equal to cash on the tenth 
 day of October as aforesaid. 
 
 And the said John Stock hereby covenants and agrees to and with the 
 several and respective creditors of said D. & R , that he will endorse 
 the several and respective promissory notes of said D. & R. for fifty 
 per centum of the amounts found to be due and payable as nforesaid. 
 
 And the said H. G. and others, creditors of the said firm of D. & R., for 
 themselves &. their representatives, hereby agree to accept the promissory 
 notes of said firm, signed and endorsed as is hereinbefore set forth, in full 
 satisfaction and discharge of the several amounts now due and payable 
 from the said firm to them, and hereafter to become due, the same being 
 now contracted.* 
 
 And it is further mutually agreed by all the parties hereto, that nothing 
 herein contained shall be considered of any force, or binding in any way, 
 on any of the parties who shall sign this instrument, unless all the per- 
 sons, copartners, and corporations, creditors of said D. & R. shall be- 
 come parties hereto, within days from the date hereof. 
 
 In witness whereof, the said several parties have hereto set their hands 
 and seals, the day and year first above written. 
 
 In presence of witnesses to the signatures of 
 
 J. S. (I. S.) 
 
 J.-D. (L. s.) 
 
 R. R. (L. s.) 
 
 H. G., and others, (L. s.) 
 
 It is however mutually agreed and understood by all the parties here- 
 to, that instead of the promissory notes of said firm of D. & R., endorsed as 
 aforesaid, the said several creditors, may, it" they elect, require, and the 
 said firm shall give, on being- notified of such election, the promissory notes 
 of said firm, bearing date as aforesaid, payable in nine, twelve, and fifteen 
 mouths with interest, for sixty per centum of the amount found to le due to 
 each of said creditors on the tenth of October, A. D. 1850. All debts of said 
 Doe Si Roe, whether due and payable, or otherwise, to be made as cash on 
 that day. Said notes, when received by any creditor to be in full satislaction 
 and discharge of the present obligations. [To be inserted in the text if 
 
 deemed expedient.] 
 
 CAUTIONS IN SELLING AND BUYING ESTATES. 
 
 [The reader will see on pages 5, 6 and 7, " Directions for Executing Deeds in 
 alltlu States," which with the following Cautions will prove of some assist- 
 ance in writing Deeds. In using a Printed Form, it should be carefully ex- 
 amined and the legal effect of every word and covenant well understood. 
 The first part of a Deed is called the Premises, or Description, and con- 
 tains the names of the seller and buyer, (called in law grantor and gran- 
 tee,) their places of residence, the consideration, description, boundaries, 
 pr vileges. appurtenances, exceptions, mortgages, rights of way, &.c. 
 
 The second division is called the Ilabendum, in which appear all the 
 conditions, except the mortgages. 
 
 The third division contains the Covenants. If a mortgage, lease, or 
 any other incumbrance has been set forth in the Premises, the Covenant 
 thould except the " aforesaid mortgage," and also every other incumbrance.
 
 CAUTIONS IN BUYING AND SELLING ESTATES. 87 
 
 The conclusion of the Deed consists of the Vote and Attestation; and 
 here is the proper place to note (before signing) all erasures and interline- 
 ations, which have occurred in the Deed. 
 
 The words " and all buildings thereon,' 1 in a deed have no legal ope- 
 ration. 4 Mass. 1 10. 
 
 Executors or Administrators need not be mentioned in any legal in- 
 strument. They may avail themselves of any contract made with the 
 deceased, whether they are named or not. Sh->p. Touchstone, 178. 
 
 Heirs are bound if they are named, and not otherwise. Assignees usa-j 
 ally need not be named. See Deeds on page 44. 
 
 Vtlidity of the Title. The most direct way for the purchaser to ascer-^ 
 tain the validity of the title of an estate is, to engage the Register of !><< <1 ; 
 or other competent person, to examine the Records. He should also as^ 
 certain by personal examination, if there exists any incumbrance, by attach? 
 ment, grant, prescription, or necessity, ( not on record,) such as a right of 
 way, drain ancient lights, fence, privy, pump, door, overhanging tavef f 
 trees, w itrr-couise, nuisance, #e., or if the taxes and assessments hav^ 
 been paid, or the estate been sold for the taxes; or he may discover, when 
 too late, that he is deprived of light, water, air, or other valuable privilege ; 
 and the warranty mav prove utterly worthless, by the insolvency or re- 
 moval of the grantor. So '.he seller, who gives a warranty, should be no less 
 diligent in his inquiries, or he may be compelled to pay damages, which 
 a little care and foresight would have prevented. Also, be sure that the 
 wife releases her right to dower in the estate. 
 
 Where land is lescribed by " metes and bounds," and as containing a 
 certain number of acres, or feet, the description does not amount to a war- 
 ranty th-it there is that quantity, i if the words " more or less be added. "J 
 If described as bounded by a river or creek, the line runs through the. 
 middle of the same. [Many water rights have been lost by disregard- 
 ing this.] 
 
 If an estate is described by reference to a former Deed, or Plan, the 
 instruments so referred to should be on record, and the book and page of 
 the record be stated. 
 
 Mortgage of Estate. If the purchaser intends to assume the payment 
 of the mortgage, add, after the description, the following: " And said 
 premises are hereby conveyed subject to a mortgage given by me to E F., 
 
 to secure the payment of d ollars, dated July 1, 1830, recorded Book 
 
 500, fol. 200 ; which principal sum, [or so much thereof as remains un- 
 paid,] together with the interest thereon accrued, said grantee is to assume 
 and pay as part of the consideration of this deed, and forever save me, 
 and my heirs harmless from all loss, cost, trouble, and damage arising 
 therefrom." [The usual condition "that the purchaser shall assume and' 
 pay outstanding mortgages" is not correct.) 
 
 If a Right <>f Way is granted, say, at the close of the description, ' 
 " together with the right of passing and repassing on, over, through, 
 (state the lcatifm) ana using the same as a public for private] way for- 
 ever." If aright of way is reserved to the grantor, add, "excepting and 
 reserving to the said B. his heirs, and assigns, the right of passing, &c." 
 
 If the purcrnser covenants to build his house after a cerlnin style, and 
 place it a certain number of feet back from the street or highway, or agrees 
 to any other restrictions, he should bind the seller in similar restrictions, 
 in regard to the sale of contiguous lots. 
 
 Where the estate is drained by a marsh, the purchaser should require of 
 the seller that the drain be kept open and free forever; or the marsh may 
 be filled up and the drain declared a nuisance. 
 
 If the estate is held by a wife in her own right (by conveyance, devise, 
 or bequest,) and the husband sell the same, and she relinquish her right 
 of dower, it does not pass the estate. The sale is void. 
 
 DMA 4
 
 33 QUIT-CLAIM DEED. 
 
 If the estate is granted for a term of years, the habendum will read 
 " To have and to hold the above granted premises to the said C. D., his 
 
 heirs and assigns, for and during the term of years, from the 
 
 day of , A. IX 185 ." If for the life of the grantee say " for and 
 
 during the natural life of the said C. D." 
 
 A par ty who contracts to execute and deliver a deed, is bound to pre- 
 pare it, if there is no stipulation that it shall be prepared by the grantee. 
 
 Every agreement foi the sale of real estate must be in writing. Where 
 there is a penalty annexed for the non-performance of the agreement, the 
 party failing to perform will not be liable for the whole amount of the 
 penalty, but only for the actual damages sustained ; and this will be true, 
 even if the sum is declared to be not a penalty, but liquidated damages, 
 unless: 1st. Where the damages are uncertain, and are not capable of 
 being ascertained by any satisfactory and known role. 2d. Where it is 
 apparent, that the damages have already been the subject of actual and 
 fair calculation and adjustment between the parties ; in which two cases, 
 the party may recover the amount thus agreed upon in the instrument, as 
 liquidated damages. Greenleafs Evidences. 
 
 In the construction of every instrument granting, or conveying, or au- 
 thorizing the creation or conveyance of, any estate or interest in lands, it 
 is the duty of Courts of Justice to carry into effect the intent of the 
 parties, so far as such intent can be collected from the whole instrument, 
 and is consistent with the rules of Law. N. Y. R. S. 
 
 In the construction of Deeds the courts have adopted the rale, that 
 "where the intention of the parties can be discovered, they will carry that 
 intention into effect, if it can be done consistently with the rules of law." 
 
 1 Mass. Rep. 22fi. A palpable omission, or mistake, of a word will 
 
 not defeat the intentions of the parties, and matter will sometimes be 
 implied, where the intention evidently requires it. 
 
 DEEDS. 
 
 [Deeds mast be acknowledged and recorded.] 
 See Directions on pages 7, 3, 9, and especially 36, 37, and 38. 
 
 1. Quit-Claim Deed. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A- B., of 
 
 -, , in the county of , and State of , merchant, 
 
 in consideration of dollars to me paid by C. D. , of 
 
 , in the county of , and State of , farmer, 
 
 (the receipt whereof is hereby acknowledged,) do hereby 
 convey, remise, release, and forever Quit Claim unto the 
 said C. D., his heirs and assigns, a certain farm and traet 
 
 of land situate in , aforesaid, consisting of about 
 
 acres, with all the building? thereon standing, bounded 
 and described as follows, viz : [here insert description 
 and boundaries:] with all the privileges and appurte- 
 nances thereto belonging. 
 
 To have and to hold the above released premises, to 
 the said C. D., his heirs and assigns, to his and their use 
 and behoof forever. 
 
 And I, the said A. B., for myself and my heirs, ex-
 
 TRUSTEE'S DEED WARRANTY DEED. 39 
 
 ecutors and administrators, do covenant with the said 
 C. D., his heirs and assigns, that the premises are free 
 from all incumbrances made or suffered by me; and that 
 I will, and my heirs, executors and administrators shall, 
 warrant and defend the same to the said C. D., his heirs 
 and assigns forever, against the lawful claims and de- 
 mands of all persons claiming by, through, or under me 
 but against none other. 
 
 In witness whereof, I, the said A. B. [being unmarried*] 
 have hereunto set my hand and seal, this day of , in 
 
 the year of our Lord eighteen hundred and fifty . 
 
 A. B. (L. B.) 
 
 Signed, sealed and delivered in presence of 
 
 * NOTE. If the grantor be married there should bo a release of dower. Be* 
 last paragraph of No. 3. 
 
 2. Quit-Claim Deed, by Trustee. 
 
 KNOW ALL MEN BIT THESE PRESENTS, That I, H. P., 
 
 of , in the county of , and State of .gen- 
 tleman, as I am trustee for G. H. and others, under an 
 
 Indenture of two parts, dated, , 18 , in virtue and 
 
 in execution of the power and authority in me vested in 
 and by said Indenture, and any and all other powers me 
 hereto enabling, and in consideration of, [after which 
 proceed as in No. 1, to the close oftks third paragraph,] 
 In witness, whereof, I the said H. P., trustee as afore- 
 said, [being unmarried,] have hereunto set my hand and 
 
 seal this day of in the year of our Lord eighteen 
 
 hundred and fifty . H. P. (t. s.) 
 
 Signed, ttaled and delivered in presence of 
 
 3. Warranty Deed. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, R. B., 
 
 of , in the county of , and State of , mer- 
 chant, in consideration of dollars to me paid by 
 
 T. A., of , in the county of , and State of f 
 
 farmer, (the receipt whereof is hereby acknowledged,) do 
 hereby give, grant, bargain, sell and convey, unto the said 
 T. A., his heirs and assigns, a certain parcel of land, 
 situate in , in said county, and bounded and de- 
 scribed as follows : [Here insert description and bound-
 
 40 DEED TO CONVEY WIFE'S REAL ESTATE. 
 
 kries].* [See description in note at foot of page] with 
 all the privileges -and appurtenances thereto belonging. 
 
 ' [Here insert txr.eption*, liens, Ifc., if there be any, as follows: " The pre- 
 mises are however conveyed subject to a, or, these &c. : (See pp. 36, 37.) 
 
 . To have and to hold the aforegranted premises, to 
 the said T. A., his heirs and assigns, to his and their use 
 and behoof forever. 
 
 And I, the said R. B., for myself and my heirs, executors, 
 and administrators, do covenant with the said T. A., his 
 heirs and assigns, that I am lawfully seized in fee simple 
 of the aforegranted premises; that they are free from all 
 
 'n/iriKrnn/ne [If there has been any sei forth in the premises, here 
 ll^CUm BS , gay) u except Me aforesaid $<:. see also page 36.] 
 
 that I have good right to sell and convey the same to the 
 said T. A., as aforesaid ; and that I will, and my heirs, ex- 
 ecutors, and administrators shall, WARRANT and DEFEND 
 the same to the said T. A., his heirs and assigns forever, 
 against the lawful claims and demands of all persons. 
 
 In witness whereof I, the said R. B., and Mary my 
 wife, in token of her release of all right of dower in the 
 granted premises, have hereunto set our hands and seals 
 
 this day of , in the year of our Lord eighteen 
 
 hundred and fifty-two. R. B. [L. s.] 
 
 M. B. [L. s.] 
 
 Signed, sealed and delivered in presence of 
 
 4. Warranty Deed to convey Wife's Real Estate. 
 
 KNOW ALL MEN BY THESE PRESENTS, That WC, A. B. 
 
 of , in the county of , and State of , mer- 
 chant, and M. B. wife of said A. B., in her own right, in 
 consideration of one thousand and eighty dollars paid by 
 [the City of ,] the receipt whereof is hereby acknow- 
 
 Description and Boundaries of the Estate. 
 
 * Being a certain piece designated as lot , on a plnn of land formerly 
 
 belonging to T. Ic S., which plan was made by J. L., dated November , 
 
 1854, and recorded with the Deeds ; and to which plan reference is here 
 
 made fora further description of the location and boundaries of said lot. Said 
 lot is bounded and measures according to said plan as follows : 
 
 * Bounded southerly on S Street, there measuring thirty feet ; westerly 
 
 on hnue and land of I. B. there measuring thirty feet, and easterly on land of 
 J. 'R. there measuring forty feet eight inches ; northerly on land of J. D there 
 measuring forty feet ; all such measurements being more or less, or however 
 otherwise bounded ; 
 
 * Containing thirty acres, more or less, bounded southerly on t"he highway 
 leading from B. to T. ; easterly on land of T. F. ; westerly on land of E. N. ; 
 and northerly partly on land of O. P and partly on land of N. S., (being the 
 
 same conveyed to me by G. N , by his deed dated , 185 , recorded in the 
 
 , vol. , page ). (Also see description of estate at page 45.)
 
 DEED BY ATTORNEY TO A MARRIED WOMAN. 41 
 
 ledged, do hereby give, grant, bargain, sell, and convey 
 
 to the said [City of , its successors*] and assigns 
 
 forever, one undivided tenth part of a certain messuage 
 [here describe how butted and bounded, how measuring, 
 and how it came into possession, if by will, deed, &c.,] 
 after which proceed as in No. 3 to the close of the third 
 paragraph, and then say : 
 
 In witness whereof, we, the said A. B. and M. B., have 
 
 hereunto set our hands and seals, this day of , 
 
 in the year of our Lord one thousand eight hundred 
 
 and 
 
 A. B. (i.. s.) 
 
 Signed, seated and delivered in presence of M. B. (L. s.) 
 
 5. Warranty Deed executed by Attorney. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., 
 
 of , in the county of , and State of , in 
 
 consideration of , [after which proceed as in No. 3 
 
 to the close of the third paragraph, and then say : ] 
 
 In witness whereof, the said A. B., grantor, hath here- 
 unto set his hand and seal, this day of , in the 
 
 year of our Lord one thousand eight hundred and , 
 
 by C. D., his attorney duly authorized, by letter of attor 
 
 ney herewith recorded. 
 
 A. B. (i.. B.) 
 By C. D. (i.. 8.) 
 
 Signed, sealed and delivered in presence of ^^^^^ 
 
 6- f Deed of Real Estate to a Married Woman, to her 
 sole and separate use. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of 
 
 , in the county of , and state of , farmer, in con- 
 sideration of the sum of dollars, to me paid by C. D., 
 
 wife of E. D., of aforesaid, merchant, (the receipt of 
 
 which is hereby acknowledged,) do give, grant bargain, 
 
 * Instead of [City of,] insert town, if it be so, or the name of an individual, if 
 the Deed be made to one, in which case [C. D., his heirs and assigns] should 
 lake the place of " city of , its successors." 
 
 t This deed must be recorded in the county where the land lies, and also in the 
 county where the husband resides, if in Massachusetts, otherwise, in the county 
 where the grantor resides, within ninety days from the time of its delivery. 
 
 A kutband can secure property to hi* wife by conveying it to some friend 
 in trust for her benefit, but not to the prejudice of his creditors. Bo a female 
 may before marriage, convey property to a third person in trust for her benefit; 
 and thereby place it beyond the control or liabilities of her future husband. 
 
 BMA 4*
 
 42 DEED FROM A FATHER TO A DAUGHTER. 
 
 sell, and convey unto the said C. D., her heirs and as- 
 signs, a certain lot of land situate, lying and being in 
 
 , aforesaid, with the dwelling house thereon standing, 
 
 bounded, and described as follows : [here insert the de- 
 scription,] with all the privileges and appurtenances 
 thereto belonging. 
 
 To have and to hold the above granted premises, to 
 her, the said C. D., wife of the said E. D., to her sole and 
 separate use, free from the interference or control of her 
 present husband E. D., or of any future husband, and to 
 her heirs and assigns, to her and their sole use forever. 
 
 (Here insert Covenants of Warranty, as in Deed 3, if deemed necessary.) 
 
 In witness whereof, I, the said A. B., have &c. 
 
 A. B. (L. s.) 
 
 Signed, sealed and delivered in presence of 
 
 [If grantor be married, there should be a release of Dower.] 
 
 8. Deed of Gift of Personal Chattels from a father to 
 a Married Daughter to her sole and separate use.* 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., 
 
 of , in the county of and state of , mer- 
 chant, in consideration of the love and affection which I 
 bear to my daughter, S. B. D., wife of C. D., of afore- 
 said, and for divers -other good and valid considerations, 
 do hereby give, grant, confirm and convey unto my said 
 daughter, S. B. D., her heirs and assigns, all and singular 
 the goods and chattels following, to wit: [or, say, goods 
 and chattels mentioned in the schedule hereto annexed.] 
 
 1 Bureau, Marked S. B. D. on the back. 
 
 1 Grecian Table, , 
 
 12 Mahogany Chairs,... 
 
 3 Silver TableSpoons,. 
 12 Silver Tea Spoons,.. 
 
 1 Silver Tankard, 
 
 S. B. D. under the leaf. 
 S. B. D. under the bottom. 
 S. B. D. on the handle. 
 S. B. D. " ' " 
 A B. to S. B.D.ontheside. 
 
 To have and to hold the above described goods and 
 chattels to her sole and separate use, free from the 
 interference and control of her present, or any future 
 husband, and to her heirs and assigns, to her and their 
 sole use and behoof forever. 
 
 In witness whereof, I, the said A. B., &c. 
 
 Signed, sealed and delivered in presence of A. B. [L. s.~\ 
 
 * This must be recorded within ninety days after the delivery, if in Massa- 
 chusetts, in the county where the husband resides, or the property will be liable 
 to attachment for the husband's debts.
 
 DEED OF RIGHT OF WAY. 43 
 
 9. Deed of a Right of Way* 
 
 THIS INDENTURE made this day of , in the 
 
 year of our Lord one thousand eight hundred and fifty 
 
 , between A. B. of , of the one part, and C. D. 
 
 of , of the other part, Witnesseth, 
 
 That the said A. B. in consideration of dollars to 
 
 him paid by the said C. D., doth hereby grant, bargain, 
 and sell unto the said C. D. his heirs and assigns, the 
 free and uninterrupted use of, and passage in and along 
 
 a certain alley or passage of in breadth, by 
 
 feet in depth, extending out of and from street, in 
 
 the town aforesaid, along the south side of the present 
 messuage, dwelling house and lot of the said C. D., to- 
 gether with free ingress, egress and regress to and for 
 the said C. D. his heirs and assigns, his and their tenants 
 and undertenants, occupiers or possessors of the messuage 
 and ground of the said C. D. contiguous to the said alley, 
 or passage, at all times and seasons, forever hereafter, 
 into, along, upon, and out of the said alley, or passage, in 
 common with him the said A. B. his heirs and assigns, 
 tenants or occupiers of the messuage and ground of the 
 said A. B. adjacent to the same alley, or passage. 
 
 To have and to hold all and singular the privileges 
 aforesaid, to him the said C. D. his heirs and assigns, 
 to the only proper use and behoof of him the said C. D. 
 his heirs and assigns, forever, in common with him the 
 said A. B. his heirs and assigns, as aforesaid : Subject 
 nevertheless to the moiety or equal half part of all ne- 
 cessary charges and expenses which shall from time to 
 time accrue, in paving, amending, repairing, and cleans- 
 ing the said alley, or passage. 
 
 In witness whereof, the said parties have, &c. 
 
 Signed, sealed and delivered in presence oj " " 1 L> 8 -J 
 
 C. D. [L. s.] 
 
 Easements. No person can acquire any right to a privilege of way, air, or 
 liirht, nor any other easement, in Massachusetts, New York, and several other 
 States, unless such shall have been continued uninterrupted for twenty 
 years. In Connecticut and Vermont, for fifteen. In South Carolina, thirty. 
 Bat it is held not to exist in New Jersey or Pennsylvania. 
 
 in some States the acquiring of such a right may bo pnvcnted by serving a 
 notice on the opposite party, and recording the game; and ft copy of the notice 
 must lie affixed to the house or some otherconspicuous part ofthe promises. 
 
 In Massachusetts a law of 1852 provides that no pers.n shall acquire a right 
 of light and air, by mere continuance of windows overlooking another's land, so 
 as to prevent the owner of such land from erecting any building thereon.
 
 44 SHORT FORMS OF DEEDS. 
 
 STATUTE DEEDS OF VIRGINIA. [From Code of Virginia, 1849.] 
 
 The following Deed, or one to the same effect, shall, unless an exception be 
 made therein, include all estate, right, title, interest, buildings, privileges and 
 appurtenances, of every kind belonging to the lands therein embraced. C. of V. 
 
 Deed to Convey the Grantor's whole Interest. 
 
 THIS deed, made the day of in the year 1855, between 
 
 [here insert the names of parties], witnesseth : that in considera- 
 tion of [Acre state the consideration] , the said doth [or do,] 
 
 grant unto the said *, all &c. [here describe the property, and 
 
 insert covenants or any other provisions]. 
 
 Witness the following signature & seal, [or signatures fy seals.] 
 
 Deed of Lease. 
 
 THIS deed made the day of , in the year 1855, between 
 
 [here insert the names of parties], witnesseth : that the said 
 
 doth [or do] demise unto the said , his personal representatives 
 
 and assigns, all &c. [here describe the property] from the day 
 
 of , for the term of years, thence ensuing, yielding there- 
 for during the said term, the rent of [here state the rent and mode 
 of payment.] 
 
 Witness the following signature and seal [or signatures and seals.] 
 
 Deed of Trust to Secure Debts or Indemnify Sureties. 
 
 THIS deed, made the day of , in the year 1855, between 
 
 , [the grantor] of the one part, and , [the trustee] of the 
 
 other part, witnesseth : that the said , [the grantor] doth [or 
 
 do] grant unto the said , [the trustee] the following property, 
 
 [here describe the debts to be secured, or the sureties to be in- 
 demnified, and insert covenants, or any other provisions the parties 
 may agree upon]. 
 
 Witness the following signatures and seals, [or signature & seal.] 
 
 STATUTE DEEDS OF IOWA. [From the Code of Iowa.] 
 
 Quit Claim Deed. For the consideration of dollars, I 
 
 hereby Quit Claim to A. B. all my interest in the following tract ot 
 land [describing it]. 
 
 Deed in Fee Simple. For the consideration of dollars, I 
 
 hereby convey to A. B. the following tract of land [describing it], 
 and I warrant the title against all persons whomsoever. 
 
 Mortgage. The same as a Deed of Conveyance adding 
 " to be void upon condition that I pay," &c. 
 
 The following is Chancellor Kenfs Form of Deed. 
 
 I, A. B., in consideration of [here state the consideration] 
 
 to me paid by C. D., do bargain and sell to C. D. [and his heirs *] 
 the lot of land bounded &c. [here describe the property and insert 
 covenants or any other provisions.] Witness my hand and seal &c. 
 
 * In most of the Slates the term "heirs'' should be inserted in deeds of real 
 estate if it is intended that the purchaser shall take more than a life interest 
 But in New York, Virginia, Iowa, and Missouri, its insertion is not requi- 
 site to create or convey an estate in fee. The words " executors'-' and " ad- 
 ministrators' are omitted, as they are bound, in all cases, though not named.
 
 DEEDS. 45 
 
 JVeic York Form of Quit Claim Deed, by Husband and Wife. 
 
 KNOW ALL. MEN BY THESE PRESENTS, That WC, A. B. of , 
 
 in the county of and slate of New York, and E., the wife of the 
 said A B. in consideration of the sum of dollars, to us in hand 
 paid by C. D. , of , in the county of , and state ol , the receipt 
 whereof is hereby acknowledged, do bargain, sell and quit claim, 
 unto the said C. D. his heirs and assigns, forever, all our and each 
 of our right, title, interest, estate, clnim, and demand, both at law 
 and in equity, and as well in possession as in expectancy, of, in, and 
 to, all that certain piece or parcel of land, being the quarter of 
 section number , in township number , north of the base line t 
 in range number , east of the principal meridian in the 
 State of , with all and singular the hereditaments and appurte- 
 nances thereunto belonging. 
 
 In witness whereof, we have hereunto set our hands and seals, 
 
 this day oi , in the year A. B. [i.. s.] 
 
 E. B. [L. s.] 
 
 Sealed and delivered in presence of 
 
 Warranty Deed, by Husband and Wife. 
 
 THIS INDENTURE, made tfie day of in the year 
 
 one thousand eight hundred and fifty-four, between A. B. merchant, 
 
 of , in the county of , and stale of New York, and Mary 
 
 his wife, parties of the first part, and C. D., fanner, of , in the 
 
 county of , and State of , party of the second part : 
 
 Witnesseth, That the said parties of the first part, in considera- 
 tion of the sum of dollars, to them paid by the said party of the 
 
 second part, (the receipt whereof is hereby acknowledged) do give, 
 grant, bargain, sell, and convey unto the said party of the second 
 part, hi- heirs and assigns forever, a certain tractof land, situate in 
 D. [warranted to contain twelve acres by measure] bounded and 
 described as follows: (see description, &c., at page 40, note,) with 
 all the privileges and appurtenances thereunto belonging. 
 
 [Here are inserted ihe reservations, exceptions, or restrictions.] 
 
 To have and to hold the above-granted premises unto the said 
 party of the second part, his heirs and assigns, to his and their own 
 proper use, benefit, and behoof forever. 
 
 And the s;iid A B., for himself, his heirs, executor?, and admin- 
 istrators, doth covenant with the said party of the second part, his 
 heirs and assigns, that he is lawfully seized in fee simple ot the pre- 
 mises aforesaid ; (hat they are free from all incumbrances, [if there 
 be any they should be noticed here, see p. 36] ; that he has 
 good right to sell and convey the same to the said party of Ihe sec- 
 ond part, his heirs and assigns, forever, as aforesaid ; and that he will, 
 and his heirs, executors, and administrators shall warrant and defend 
 the same to the said party of the second part, his heirs, and ass-igns, 
 forever, against the lawful claims and demands of all persons. 
 
 In witness whereof, the said parties of the first part have here- 
 unto set their hands and seals the day and year first above written. 
 (Signed and sealed as above ) * 
 
 NOTE. The above forms will also answer for unmarried persons, by omit- 
 ting those parts which refer to husband and wife. In Mortgage Deeds if A. 
 B. oe married the wife must join iu the Mortgage, as above.
 
 46 GUARANTEES. 
 
 GUARANTEES, FORMS OF. 
 
 Continuing Guarantee for Goods to be delivered. 
 
 [A Guarantee should be founded on some consideration.'] 
 " I HEREBY guarantee the payment to Messrs. E. F. and G. H., 
 for all goods which they may from time to time supply to John 
 
 Williams, of &c. not exceeding the amount of $ . [This 
 
 would be sufficient ; but it might, in order to prevent all ques- 
 tions, be as well to add the words, ' this is to be a continuing 
 guarantee.'] Dated &c. A. B. 
 
 [ The supplying the goods is the consideration implied.] 
 
 Other Examples of Guarantees. 
 
 " I HEREBY guarantee the payment to Messrs. &c., for such 
 goods as they may supply to J. W., of &c., not exceeding the 
 
 amount of$ ; but this is not intended as a continuing guarantee, 
 
 but only for the once supplying goods to the above amount. 
 Dated &c." 
 
 " I hereby guarantee the debt of $100 due to you by B, in con- 
 sideration of your giving him a farther credit of $200." 
 
 [This applies only to a single transaction, and is confined to the single debt 
 of* 1 00.] 
 
 " I hereby guarantee the debt of $100, due to you by B, on your 
 giving him a farther credit ; as also what he may contract with you 
 from this date up to the 29th of October next." 
 
 [This applies 10 the ilebt of $ 100, and extends to all transactions of what- 
 ever amount, of B with the party to whom the guarantee is given, vp to a 
 given day.] 
 
 " I hereby guarantee the debt of $100, due to you by B, on your 
 giving him a farther credit ; and also any debt he may contract 
 with you, not exceeding $500, for goods supplied to him after this 
 date." 
 
 [Is a guarantee for the debt of $100, and extending tc any debt not exceed- 
 ing $5(H), which may at any lime become due for goods delivered to B, until the 
 credit shall be recalled by him who gives the guarantee, and applies lo debts 
 successively renewed.] 
 
 " I hereby guarantee the payment for any goods which you may 
 deliver to B after this date." 
 
 [Extends to all transactions for goods sold to B at any future time, and to 
 any amount, and continues in force until the credit is recalled.] 
 
 For Debts already Due, to prevent Proceedings. 
 
 " MESSRS. E. F. and G. H. having, at my request, agreed to 
 forego proceedings which they were about to take against Mr. J. 
 
 W., of &c., to enforce the payment of $ due from him to them, I 
 
 hereby, in consideration thereof, guarantee the payment to them of 
 that sum. Dated &c." 
 
 To stop Proceedings when commenced. 
 
 MESSRS. E. F. and G. H. having at my request, agreed to dis- 
 continue the proceedings taken by them against, &c. to enforce 
 payment of &.c. due from him to them, I hereby, in consideration 
 thereof, guarantee the payment of that sum and of $ costs."
 
 LEASES. 47 
 
 Guarantee for Payment of Rent. 
 
 " In consideration of the execution of the within written lease, at 
 our request, we do. hereby guarantee to the said A. A. the true and 
 punctual payment of the rent reserved at the times and in the 
 manner therein mentioned, and in default thereof, promise to pay 
 the same on demand. 
 
 Witness our hands and seals, this dayof,&c. E.G. [L.S ] 
 
 Executed in presence of F. F. [L.S.]" 
 
 Guarantee for payment of Negotiable Note. 
 
 " Pay to the bearer, and for value received, I guarantee the pay- 
 ment of the within. 
 
 Dated. &c. E. F." 
 
 LEASES. 
 Lease of Store, or House. 
 
 THIS INDENTURE, made this day of in the year 
 
 eighteen hundred and fifty , between A. B. of and 
 
 C. D. of , witnesses, that, in consideration of the covenants 
 
 herein contained on the part of the said C. D. to be kept and per- 
 formed, be the said A. B. does hereby demise and lease to the 
 said C. D. the store and collar, with the appurtenances, num- 
 bered 22 B. street, in the city of B. 
 
 To have and to hold the same to the said lessee, for the term of 
 
 years from the date hereof, the said lessee paying therefor 
 
 the yearly rent of dollars, during the said term. 
 
 And the lessee covenants with the lessor to pay the said rent 
 
 in quarterly payments of dollars each, at the expiration 
 
 of each and every quarter during the said term ; the first pay- 
 ment thereof to be made on the day of , now next ensuing ; 
 and to make no unlawful, improper, or offensive use of the 
 premises ; to quit and deliver up the premises, and all future 
 erections and additions to or upon the same, to the lessor, peace- 
 ably and quietly, at the end of the term, in as good order and con- 
 dition, (reasonable use and wearing thereof, fire and other una- 
 voidable casualties, excepted) as the same now are, or may be 
 put into, by the lessor, or those having his estate in the premises ; 
 to pay all taxes and assessments whatsoever ; whether in the 
 nature of taxes now in being or not, and all charges (or cleans- 
 ing, which may be payable for or in respect of the premises or 
 any part thereof during the said term, together with th'e rent, 
 taxes, assessments and charges as above siated, for such further 
 time as the lessee, or those claiming under him may hold the 
 premises ; not to make or suffer any waste thereof, nor make 
 nor suffer to he made, any alteration therein, nor lease, nor 
 underlet, nor permit any other person or persons to occupy the
 
 48 LEASES 
 
 same, except such as the lessor, or those having his estate 
 in the premises, shall in writing approve ; and that the lessor, 
 or those having his estate in the premises, with his and their 
 servants, at seasonable times may enter to view the premises, 
 and make repairs. And, in case the said rent or taxes shall 
 be in arrear for the space of one week, and the same shall have 
 been duly demanded, in writing, on or after the day when the 
 . same shall have become payable or, if the lessee, in case of 
 his insolvency, shall fail to give reasonable security for the 
 payment of all sums then due, and thereafter to grow due, 
 under this lease ; or if any of the covenants herein contained to 
 be observed on the part of the lessee or those claiming under 
 him shall be broken, the lessor or those having his estate in 
 the premises, whilst such neglect or default continues, may, 
 without further notice or demand, enter upon the premises and 
 expel the lessee or those claiming under him, or may other- 
 wise legally evict him or them without prejudice to any reme- 
 dies which might otherwise be used for arrears of rent, or pre- 
 ceding breach ot covenant; and thereupon the lessor may, at 
 his discretion re-let the premises at the risk of the lessee, who 
 shall remain (ior the residue of said term) responsible for the 
 rent herein reserved, and shall be credited, with such amounts 
 only as shall he, by the lessor, actually realized. 
 
 Provided however, that, in case the premises, or any part 
 hereof shall, during said term, be destroyed or damaged by fire 
 or other unavoidable casually, so that the same shall be thereby 
 rendered unfit for use and habitation, then, and in such case, 
 the rent hereinbefore reserved, or a just and proportionate part 
 thereof, according to the nature and extent of the injury sus- 
 tained, shall be suspended, or abated until the premises shall 
 have been put by the lessor, or those having his estate in the 
 premises, in proper condition for use and habitation. * 
 
 In witness whereof, the parties have hereunto interchangea- 
 bly set their hands and seals, the day and year first above written. 
 
 A. B. [L. s.] 
 C. D. [L. s.] 
 
 Executed in presence of 
 
 * Without tin express caofnant to the contrary, the tenant is bound to con- 
 tinue the payment of rent, though ihc premises he destroyed l>y fire, and the 
 landlord n-l'use to rebuild. And if u lennnt covenants to pay rent unil lore- 
 pair, with an express exception of casualties liy fire, he i liable on the cov- 
 enniit ofvnf. ih msrh the premises are burnt down by accident, and never re- 
 built by the landlord. 1 T. R.3IO. Nor can he be relieved by a court of equity. 
 Anst. 087. unless perhnps the landlord has received the value of his premises 
 by insurance. Ainli 021. And if he covenants lo repair generally, wiihout 
 any express exceptions, and the premises are burnt down, he is bound to re- 
 build them. T. R. G5U. 
 
 Lease of House or Store, let to two or more Tenants. 
 
 THIS INDENTURE, made this [proceed as in preceding 
 
 Lease to the close of the second paragraph].
 
 NOTICES TO QUIT. 49 
 
 And the said lessee promises to pay the said lessor dol- 
 lars as the annual rent of said premises, to be paid in monthly 
 
 payments of dollars each on the day of each and every 
 
 month, during said term , and to quit and deliver up the premises 
 to the lessor, or his attorney, peaceably and quietly, at the end of 
 the term, in as good order and condition, reasonable use and 
 wearing thereof, fire, and other unavoidable casualties excepted, 
 as the same now are, or may be put into by the said lessor, and 
 to pay the rent as above stated, and all taxes assessed, or to be 
 assessed thereon during the term, and also the rent and taxes, as 
 above stated, for such further lime as the lessee may hold the 
 same, and not make or suffer any waste thereof, nor lease, nor 
 underlet, nor permit any other person or persons to occupy or 
 improve the same, or make, or suffer to be made, any alteration 
 therein, but with the approbation of the lessor thereto in writing, 
 having first been obtained : and that the lessor may enter to 
 view and make improvements, and to expel the lessee, if he 
 shall fail to pay the rent and taxes as aforesaid, or make or suf- 
 fer any waste thereof. 
 
 In witness whereof, the said parties have hereunto &c. 
 
 A. B. 
 
 Etccittril in presence of C. D. 
 
 fl.. 1.1 
 [L. 8.] 
 
 Notice from Landlord to Tenant to Quit. 
 
 SIR, For the purpose of determining your tenancy in the es- 
 i tate No. 5 B. Street, in the city [town] of B., now in your pos- 
 session, you are hereby notified to quit and deliver up tome the 
 
 premises aforesaid, on the day of next, according to law, 
 
 C. D., Landlord. 
 To Mr. A. B., Tenant. Dated, , Oct. 1, 185 . 
 
 Notice from Tenant to Landlord of intention to Quit. 
 
 SIR, For the purpose of determining my tenancy in the house, 
 which [ now hold of you, known as No. 5 B Street, in the town 
 of B., you are hereby notified that I shall quit and deliver up to 
 you the premises aforesaid, on the day of next, accord- 
 ing to law. A. B., Tenant. 
 
 To Mr. C. D. Landlord. Dated, , Oct 1, 185. 
 
 Notice to Quit for Non-payment of Rent. 
 SIR, You are hereby notified to quit, and deliver up to me, the 
 a house and appurtenances, known as No. 5 B. Street, in the city 
 
 Etown] of B , now occupied by you, according to law, your rent 
 eing due and unpaid. C. D. Landlord 
 To A. B. Tenant. Dated, , Oct. 1. 185. 
 
 See " LanrtorrFs and Tenant 1 * X.wutant," on Payment of Rent, pp. 27. 51 
 manner of Serving Notice, p. 31 , and lime required by Statute, pp. 63 to 98. 
 
 BMA 5
 
 50 MORTGAGE OP PERSONAL PROPERTY. 
 
 MORTGAGES. 
 
 [A mortgage is a conveyance, or sale of goods, to become an absolute 
 mterest, if not redeemed at a certain time. The execution and registra- 
 tion is a substitute for a delivery of the articles, when they can be speci- 
 fied and identified by a written description.] See Laws at pp. 55, 56. 
 
 1. Mortgage of Personal Property.* 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., oi 
 
 , gentleman, in consideration of the sum of dollars, to me 
 
 paid by C. D., of , Esquire, (the receipt whereof is hereby 
 
 acknowledged,) do by these presents grant, bargain, sell and convey 
 unto the said C. D., the following articles of personal property, to 
 wit: [or, if the goods are too numerous to be recited, say. all and 
 singular the goods and chattels, wares and merchandize, mentioned 
 and contained in the schedule hereunto annexed :] to have and to 
 hold the property abovegranted, to the said C. D., his executors, 
 administrators and assigns, forever. 
 
 * In Massachusetts, in all mortgages of persona I properly, if the mortgagor retains 
 possession of the articles mortgaged, the mortgage must be recorded by the Clerk 
 of the tmvn where the mortgagor resides, awl also by the Clerk of the town 
 where he principally transacts his business, or follows his trade or calling. The 
 right of the Mortgagor, or his assigns, to the property, shall not be forfeited until 
 ixly days after the mortgagee, or his assigns, shall have given written notice to 
 the mortgagor, or the person in possession of said property, claiming the same, 
 of his or their intention to foreclose said mortgage for a breach of the conditions 
 thereof, and caused a copy of the same notice to be recorded in the Clerks' offices 
 where the mortgages are recorded. 
 
 Mortgages of personal property are discharged in like manner as real 
 estate see page 59. 
 
 If the mortgagor sell the property, or part thereof, withouUhe written con- 
 sent of the mortgagee, he shall be held guilty of a misdemeanor, and punished 
 by a fine not exceeding $100, or by imprisonment not exceeding one year. 
 Law of Ma. 1850. 
 
 In the State, of Jfeie York, a mortgage of personal property must be filed and reg- 
 istered if in the city of New York, in the office of the Register ; if in any other 
 city or county town, in the Clerk's office therein ; if in any other town, in the 
 Town Clerk's office. It becomes void, if not renewed before the expiration of 
 the year. 
 
 In. ike Stale of Maine, if the debt secured exceeds thirty dollars, possession 
 of the property must be given to the Mortgagee, or the Mortgage must be re- 
 corded in the town where the Mortgagor resides. 
 
 In Rhode Island, possession of the mortgnged property should be delivered 
 to, and retained by, the mortgagee, and ttie mortgage recorded by the Clerk of the 
 town where the mortgagor resides. 
 
 In New Hampshire Mortgages of Real Estate must be recorded in the office of 
 Register of Deeds. Mortgages of Personal Property must be recorded in the office 
 of the town Clerk where the mortgagor resides, and the mortgagor and mortga- 
 gee must swear that the mortgage is made for securing the debt specified in the 
 condition thereof, and for no other purpose, and that it is a just debt, honestly due 
 from the mortgagor to the mortgagee. A second mortgage cannot be executed on 
 the same property, without setting forth in the subsequent mortgage the existence 
 of the previous one. 
 
 In Vermont, mortgages of machinery used in factory, shop or mill, are not val- 
 id, unless possession be delivered to and retained by the mortgagee. 
 
 In Connecticut machinery used in a manufacturing or mechanical establish- 
 
 ment, household furniture, and hay, or other personal property, may be mort- 
 gaged, and the mortgagor retain possession. The mortgage must be parti 
 larly described, executed and recorded in all respects as mortgages of land. 
 
 In Maryland, Mortgages of Personal Property, where mortgagor remains in pos- 
 session, must be recorded in the county where mortgagor resides. Mortgages or 
 bills of sale are not valid, except against the mortgagor or grantor unless there be 
 indorsed thereon the affidavit of the mortgagor or grantor, duly acknowledged a 
 the time, setting forth that the consideration is true and bona fide.
 
 CHATTEL MORTGAGE. 51 
 
 And I, the said A. B., for myself, my executors and administra- 
 tors, do covenant to and with the said C. D., his executors, adminis- 
 trators and assigns, that I have good right to sell and convey the said 
 property to the said C. D. ; that the same is free from all incum- 
 brances ; and that I will, and my executors and administrators shall 
 warrant and defend the same to the said C. D., his executors, ad- 
 ministrators and assigns forever, against the lawful claims and de- 
 mands of all persons. 
 
 Provided, nevertheless, that if the said A. B.,his executors or ad- 
 ministrators, pay to the said C. D., his executors, administrators or 
 
 assigns, the sum of dollars, in from date, with interest semi- 
 
 annually, then this deed, as also a certain note, bearing even da 
 with these presents, given by the said A. B. to the said C. D., 
 pay the same sum and interest, and at the times aforesaid, shall 
 both be void ; otherwise shall remain in full force and virtue. 
 
 And it is agreed that the mortgagor, his executors, administrators 
 and assigns, shall remain in possession of said property till condi- 
 tion broken. 
 
 In witness whereof, I, the said A. B. have hereunto set my hand 
 
 and seal, this day of in the year of our Lord eighteen 
 
 hundred and . A. B. [L. s.J 
 
 Signed, sealed and delivered in presence of [Must be recorded.] 
 
 2. Short Mortgage of Goods, Tools t Machinery, or 
 Household Furniture. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of , 
 
 in consideration of two hundred dollars, to me paid by C. D. of 
 
 , do hereby sell and convey to said C. D., the following goods 
 
 and chattels, to wit : [or, if numerous, say, mentioned in the 
 schedule hereto annexed] ; warranted free ot incurnbrance, and 
 against any adverse claims. 
 
 To have and to hold the said premises to the said C. D., his ex- 
 ecutors, administrators, and assigns forever. 
 
 Provided nevertheless, That it the said A. B., his executors, &c 
 
 In Kentucky, mortgage! must to lodged with the clerk for record, before they 
 have any operation, aa regpectt creditors. 
 
 In Ohio, Mortgages of Personal Property, or chattels, must be deposited with 
 the clerk of the township where the mortgagor resides. If not a resident, then 
 with the clerk of the township where the property shall be atthe time of the exe- 
 cution of the mortgage. In all townships in which the office of the recorder of 
 the county is kept, such mortgage shall be deposited with him. Every mortgage 
 to filed, will be void as against creditors, or subsequent purchasers, unless with- 
 in thirty dava next preceding the expiration of the term of one year, a true copy 
 shall ho again filed with the clerk or recorder. 
 
 In Indiana, mortgages must bo acknowledged and recorded within ten days 
 from dnte, in the Recorder's office. 
 
 In Illinois, mortgages must be recorded in the Recorder' office within aix months. 
 
 In Wi.ican&in, mortgage void unless recorded. 
 
 (n Louisiana, nil mortgages must he recorded with the register of mortgages, 
 within six days (when executed in N. Orleans) from the date, and a day rooic for 
 every two leagues from the place of execution, as to mortgages executed in other 
 parishes. 
 
 In Michigan, mortgage must be filed in the office of the clerk of the township 
 where the mortgagor resides. 
 
 In Georgia, mortgage must be recorded within three months, by the clerk of the 
 Superior Court, in the town where the mortgagor resided at the time oi execution.
 
 52 CHATTEL MORTGAGE. 
 
 pay to the said C. D., his executors, &c., dollars, in from 
 
 date, with interest semi- annually, then this deed, as also a certain 
 note bearing even date herewith, given by the said A. B. to the 
 said C. D. to pay the same sum and interest, and at the times afore- 
 said, shall both be void. 
 
 And it is agreed that the mortgagor, &c., (see JVo 1 ) 
 In witness whereof, I, the said A. B., have hereunto set, &c. 
 
 A. B. [L. s.] 
 Executed in presence of 
 
 [Must be recorded.) 
 
 3. Mortgage of Household Furniture, Goods, fyc., with 
 Power of Sale* 
 
 To ALL TO WHOM THESE PRESENTS SHALL COME, KNOW 
 
 YE, That A. B., of , in the county of , and State of New 
 
 York, of the first part, for securing the payment of the money here- 
 inafter mentioned, and in consideration ot the sum of dollars, to 
 
 me duly paid by C. D., of , in the county of , and State of 
 
 New York, of the second part, the receipt whereof is hereby ac- 
 knowledged, do hereby grant, bargain, and sell, unto the said party of 
 the second part, all my , and all other goods and chattels men- 
 tioned in the schedule hereto annexed and, now in the , in the 
 
 town aforesaid. 
 
 To have and to hold all and singular the goods and chattels above 
 bargained and sold, or intended so to be, unto the said party of the 
 second part, his executors, administrators and assigns, forever. 
 
 And I, the said party of the first part, for myself, my heirs, exec- 
 utors, and administrators, all and singular the said goods and chattels 
 above bargained and sold, unto the said party of the second part, his 
 heirs, executors, administrators, and assigns, against me, the said 
 party of the first part, and against all and every person or persons 
 whomsoever, shall and will warrant, and for ever defend. Upon 
 condition, that if I, the said party of the first part, shall and do well 
 and truly pay unto the said party of the second part, his executors, 
 
 administrators, or assigns, the sum of dollars, on the day 
 
 of next, then these presents shall be void. 
 
 And I, the said party of the first part, for myself, my executors, 
 administrators, and assigns, do covenant and agree, to and with the 
 said party of the second part, his executors, administrators, and as- 
 signs, that in case default shall be made in payment of the said 
 
 * In New York a mortgage containing a power to sell destroys the right to 
 redeem in the mortgagor. But such sale will not prejudice a judgment, or a 
 prior mongage. Preference over any previous judgment is given to a mort- 
 gage for the purchase, made at the time of the conveyance. 
 
 In the Stale of New York the Amount Claimed to be Due, with the Copy, 
 must he filed within thirty days next preceding the expiration of the year. 
 
 In default of the payment 'of the note or debt specified in a chattel mort- 
 gage, the mortgagee will enter and take possession of the properly, and sell 
 the same at public auction, (after the like notice as is by law required for con- 
 Stables' sales,) the goods and chattels, or so much of them as may be required 
 to satisfy his debt, interest, and reasonable expenses, and will retain the same 
 out of the proceeds of the sale, and return the overplus, or residue, if any, to 
 the mortgagor.
 
 MORTGAGE TO SECURE ENDORSER. 53 
 
 sum above mentioned, then it shall and may be lawful for, and I 
 the said party of the first part do hereby authorize and empower 
 the said parly of the second part, his executors, administrators, and 
 assigns, with the aid and assistance of any person- or persons, to en- 
 ter Hiy dwelling-house, store, and other premises, and such other 
 place or places as the said goods or chattels are or may be, and take 
 and carry away the said good? and chattels, and to sell and dispose of 
 the same for the best price he can obtain ; and out of the money 
 arising therefrom, to retain and pay the said sum above mentioned, 
 and all charges touching the same, rendering the overplus (if any) 
 unto me or to my executors, administrators, or assigns. And until 
 default be made in the payment of the said sum of money, I am to 
 remain and continue in the quiet and peaceable possession of the 
 said goods and chattels, and the full and free enjoyment of the same. 
 la witness whereof, 1, the said party ol the fiisl part have &c. 
 
 A. B. (L. s.) 
 Executed in presence of 
 
 [Must be recorded.] 
 
 4 Mortgage of Personal Property to secure Endorser. 
 
 THIS INDENTURE of two parts, made this day of 
 
 A. D. one thousand eight hundred and fifty , by and between 
 
 C. D., of , of the first part, and C. G., of , of the second 
 
 part, Witnesseth, 
 
 That the said G., at the request of the said D., has agreed to 
 endorse certain notes of hand for his accommodation, and the said 
 
 D. has agreed to give the said G. security against any loss or 
 damage that may befall him by reason of such endorsements. 
 
 Wherefore, in pursuance of such engagements, the said C. D. in 
 consideration of the premises, hereby bargains, sells, assigns, trans- 
 fers and sets over unto the said C. G., all the goods, chattels, tools, 
 machinery and effects, in the annexed schedule or bill of particulars 
 mentioned, whereof the said D. does avouch himself to be the true 
 and lawful owner. 
 
 To hold the said premises unto the said G. and his executors, 
 administrators and assigns. 
 
 Provided nevertheless, that if the said C. D., shall from time 
 to time pay and discharge all the promissory notes which the said 
 G. may endorse for his accommodation, as they shall respectively 
 become due and payable, and shall finally secure and indemnify 
 the said G. and his personal representatives, from all costs and dam- 
 age, by reason or on account of the liabilities that have been or 
 may be assumed by him in pursuance of the agreement aforesaid, 
 then this instrument shall be null and void. 
 
 Provided also, and it is hereby further agreed, that until default 
 by the said D., of or in the payment of any of the said notes, it shall 
 he lawful for the said D., to retain possession of the said chattels, 
 and effects, and to use and enjoy the same without any denial or 
 molestation by the said G., or his representatives. 
 
 And the said G., for himself, and his representatives, does hereby 
 covenant to and with the said D., and his representatives, that in 
 case of his taking possession of the said property, for a breach of the 
 condition aforesaid, he will advertise and sell the same &t public 
 
 BMA 5*
 
 54 MORTGAGE OF REAL ESTATE. 
 
 vendue, to the highest bidder, and after indemnifying himself fully 
 from the proceeds of such sale for all the liabilities assumed by him 
 as aforesaid, whether the notes are then payable or not, will account 
 for and pay over the balance of the said proceeds to the said D., or 
 his representatives or assigns on demand. 
 
 In witness whereof the said parties have set their hands and seals 
 to this and another instrument of like tenor and date. 
 
 C. D. (L. s.) 
 
 C. G. (L. s.) 
 Executed in presence of 
 
 [Must be recorded. See Notes, pages 50, 51.] 
 
 5. Mortgage Deed of Real Estate. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of , 
 
 in the county of , and State of , merchant, in consideration 
 
 of dollars, (o me paid by C. D., of , in the county of 
 
 , and State of physician, (the receipt whereof is hereby 
 
 acknowledged,) do hereby give, grant, bargain, sell, and convey 
 unto the said C. D., his heirs and assigns, a certain parcel of 
 
 land &c., situate in , described and bounded as follows, to wit: 
 
 , with all the privileges and appurtenances thereto belonging. 
 
 To have and to hold the aforegranted premises, to the said C. D., 
 his heirs and assigns, to his and their use and behoof forever. 
 
 And I, the said A. B., for myself, my heirs, executors and admin- 
 istrators, do covenant with the said C. D., his heirs and assigns, that 
 I am lawfully seized in fee simple of the aforegranted premises, 
 
 that they are free from all incumbrances, that I have good 
 
 right to sell and convey the same to the said C. D., his heirs and 
 assigns forever as aforesaid; and that I will, and my heirs, execu- 
 tors and administrators shall, warrant and defend the same to the said 
 C. D., his heirs and assigns forever, against the lawful claims and 
 demands of all persons. 
 
 Provided nevertheless, That if the said A. B., his heirs, execu- 
 tors, or administrators, shall pay unto the said C. D., his execu- 
 tors, administrators, or assigns, the sum of dollars in 
 
 years from the day of the date of these presents, with interest on 
 
 said sum, at the rate of per centum per annum, payable semi- 
 
 annually, [and, until such payment, keep thebuildings standing on 
 
 the land aforesaid insured against fire, in a sum not less than 
 
 dollars, JOT the benefit of the said mortgagee and his executors, 
 administrators, and assigns, at such insurance office in as the 
 said C. D. shall approve, and also pay all taxes levied or assessed 
 upon the said premises,'] then this deed, as also a certain promis- 
 sory note,* bearing even date with these presents, signed by the said 
 A. B., whereby for value received he promises to pay the said 
 C. D. or order, the said sum and interest at the times aforesaid, 
 shall both be absolutely void to all intents and purposes. 
 
 And provided also, that, until default of the payment of the said 
 sum, or interest, or other default as herein provided, the mortgagee 
 shall have no right to enter and take possession of the premises. 
 
 In witness whereof, I the said A. B.,have hereunto set my hand 
 
 If the mortgage be given to secure the payment of a bond, then say instead 
 f " a certain promissory note," "a certain obligation or bond."
 
 MORTGAGE OF REAL ESTATE WITH POWER OF SALE. 55 
 
 and seal this day of , in the year of our Lord eighteen hun- 
 dred and fifty A. B. [L.s.J 
 
 Signed, sealed and delivered in presence of 
 
 [Must be acknowledged and recorded. See pp. 5 7/J 
 flfgrantor be married there should be release of dower. See pages 40, 45 & 63.) 
 
 6. Mortgage Power of Sale. 
 
 [After the close of the fourth paragraph in No. 5, add; ] 
 
 But if default shall be made in the payment of the money above 
 mentioned, or the interest that may grow due thereon, or of 
 any part thereof, then it shall be lawlul for the said C. D., his 
 executors, administrators and assigns to sell and dispose of said 
 real estate hereby conveyed, at public auction ; such sale to be 
 upon the premises hereby granted ; first giving notice of the time 
 and place of sale, by publishing the same three weeks successively 
 
 in some newspaper, printed in the county of , aforesaid : 
 
 Am! in his or their own names, or as the attorney of the said A. B., 
 for that purpose hereby duly authorized, to make and deliver to the 
 purchaser or purchasers thereof, a good and sufficient deed or deeds 
 of conveyance of the same, in fee simple ; and out of the money 
 arising from such sale, to retain the principal sum whether then or 
 thereafter payable, and also the interest which shall then remain 
 due thereon, together with all costs, charges and expenses attend- 
 ing said sale; pay ing the surplus if any there be to the said A B., 
 his heirs, executors, administrators or assigns ; and such sale, so to be 
 made, shall be a perpetual bar, both in law and equity, against 
 the said A B , his heirs and assigns, and all other persons claim- 
 ing or to claim the premises, or any part thereof, by^ from, or under 
 him, them, or any of them. 
 
 And provided also, that until default, &c., (as in No. 5.) 
 
 In witness whereof, &c., (as in No. 5.) 
 
 A. B. (L. s.) 
 
 Signed, sealed and delivered in presence of 
 
 [Must be acknowledged and recorded. See pp. 5 7.] 
 
 LAW OF MORTGAGE. 
 
 MORTGAGK is a pledge of land, tenement, &.C., bound for money 
 borrowed, to be the lender's if the money be not repaid at the time stip- 
 ulated ; the borrower in these bargains is called the mortgagor, and the 
 lender the mortgagee. 
 
 It has become the practice, of late years, to insert in a mortgage an a6- 
 solute power of sale; by which the mortgagee, in case of breach of condi- 
 tion, is enabled to sell, and thus destroy the right to redeem in the mort- 
 gagor, and all claiming under him. This power has lately been legal- 
 ized by Statute in Massachusetts. 
 
 Rights of the Mortgagor. 
 
 Upon the execution of a mortgage, the legal estate vests in the mort- 
 gagee, subject to be defeated upon performance of the conditions of the 
 mortgage. It is usual to insert a clause in the mortgage, " that until de- 
 fault inpayment or in performance of the conditions of the mortgage, it 
 shall be lawful for the mortgagor to retain possession of the premises." 
 If this is not done, the mortgagee may take possession at any time.
 
 56 RIGHTS OF MORTGAGOR AND RIGHTS OP MORTGAGEE. 
 
 But although, as between mortgagor and mortgagee, and so far as it is 
 necessary to give full effect to the mortgage as a security for the per- 
 formance of the condition, a mortgage is considered an absolute conveyance 
 in fee ; yet, for all other purposes, it is considered, especially until entry for 
 condition broken, as a mere charge or incumbrance, which does not alienate 
 the estate of the mortgagor. The mortgagor is not, therefore, liable for- 
 rent while he remains in possession ; and he has the right to lease, sell, 
 make a second mortgage, and in short to deal in every respect with the 
 property as owner, so long as he does not in any way affect or impair the 
 rights of the mortgagee. So the property may be attached and taken 
 for the mortgagor's debts, subject to the rights of the mortgagee. 
 
 The mortgagor, until failure of payment of principal or interest, is to pos- 
 sess and enjoy the property mortgaged ; and though failure be made, he and 
 his repfresentatives have a right to redeem the mortgage, which in law is 
 termed the equity of redemption. In some Slates a reasonable period 
 is allowed, in which to redeem, or regain the estate, in others, the time 
 varies from one to twenty years from the breach of the condition of the 
 mortgage. Redemption is effected by a bill in equity. In this process, the 
 mutual accounts of the parties are adjusted ; payment of debt and interest 
 being required on the one side, and an account of rents and profits on 
 the other. 
 
 .Not only the mortgagor himself, but his heirs, personal representatives, 
 and assigns, may redeem the mortgage. So also may a tenant in dower, a 
 jointress, a tenant by the curtesy, a remainder man and reversioncr, a 
 judgment creditor, a purchaser of the equity at an execution sale, a sec- 
 ond mortgagee, and, in short, every person who has an interest in or lien 
 upon the land. 
 
 Rights of the Mortgagee. 
 
 In the absence of any statute, or of any agreement in the mortgage, the 
 mortgagee is entitled to immediate possession of the mortgaged property. 
 It is usual, however, to insert a clause in the mortgage, providing that it 
 shall be lawful for the mortgagor to retain possession until breach of condi- 
 tion ; in which case, the mortgagee is not entitled to take possession, until 
 after breach of condition. 
 
 The mortgagee while in possession of the property, is bound to take 
 reasonable care of it, account for the actual receipts of rents and profits, 
 and apply them to the reduction of the principal and interest due on the 
 mortgage. He is allowed for necessary expenditures in keeping the es- 
 tate in repair ; and in most of the States, he is entitled to a reasonable 
 compensation for his services. 
 
 Redemption of Estate. 
 
 Most of the Plates regulate, by statute, the time within which a mortgaged 
 estate may be redeemed or foreclosed. In Massachusetts, Rhodt Llancl, and 
 Maine, the mortgagor has three yearg in which to redeem the property. In 
 New York one year, by paying the sum bid, with interest on that sum from 
 the time of sale at the rate of 10 per cent a year. 
 
 In Ohio, a mortgagor has a reasonable period, (before foreclosure,) to re- 
 deem the estate, upon the payment of the debt ana all equitable charges, &c. 
 
 The mortgagee will not be compelled by the court to foreclose the mortgage; 
 but may, if he choose, take a decree for the sale of so much of the premises as 
 will pay the debt, whatever muy be the appraised value of the premises. On 
 the other hand, if the appraised value of the premises amounts to more than 
 two-thirds of the debt, the mortgagee will not be permitted to foreclose the 
 mortgage, but must have the premises sold. The mortgagee is entitled to a 
 decree of foreclosure only, when two- thirds of the value of the premises does 
 not exceed the amount of the debt. Upon the sale, the land cannot be struck 
 off, except at two-thirds of its appraised value. 5 O. R. 554. 
 
 After the mortgagor's money becomes due, the mortgagee may obtain pos- 
 session of the premises by an action of ejectment. 2 O. R. 223.
 
 DISCHARGE AND RELEASE OF MORTGAGE. 57 
 
 NOTE. In Massachusetts, after breach of condition of a mortgage of real 
 estate, t In- mortgagee may obtain possession liy action, or make an open and 
 poaceuMo entry, which possession being continued three years, the reilrmptinn if 
 foiever foreclosed. The mortgagor may sign a certificate or memorandum upon 
 the mortgage deed, acknowledging the entry of (he mortgagee, which certificate 
 must bo recorded in the Registry f Deeds within thirty days, or else, a certifi- 
 cate of two competent witnesses to prove the entry, .shall be made and sworn to 
 before a Justice of the Peace, and recorded as above. 
 
 Discharge of Mortgage. 
 
 In many Slates, mortgages may be discharged by the mortgagee ac- 
 knowledging payment thereof by an entry on the mortgage, signed and 
 sealed in the presence of one or two witnesses, (see number of witnesses 
 required in different States, on pages 6 and 7 of this work) which entry 
 must be also recorded in the margin of the record in the registry of deeds, 
 or wherever the mortgage is recorded. The following Form of Discharge 
 is used in Massachusetts, Ohio, and several other States. 
 
 Discharge of Mortgage to be entered on the Record. 
 
 B , MAY 1, 1852. I acknowledge to have received full 
 
 satisfaction for the debt secured by this mortgage, and do therefore 
 hereby cancel and discharge the same. C. D. 
 
 The Mortgage can also be discharged by the following Deed of Release i 
 Quit Claim Deed, Releasing Mortgaged Premises. 
 
 [To be acknowledged and recorded.] 
 
 KNOW ALL MEN BY THESE PRESENTS, That I," A. B., the 
 
 mortgagee named in a certain mortgage deed given by C. D. to 
 
 A. B., to secure the payment of dollars; dated , recorded 
 
 in Registry of Deeds, Lib. Fol , in consideration of 
 
 dollars, to me paid by C. D., the mortgagor, do hereby release, and 
 forever quit claim to the said C. D., his heirs and assigns, all my 
 claim and title in and to the mortgaged estate therein mentioned. 
 Witness my hand and seal, this day of , eighteen hun- 
 dred and . 
 
 A.B. (L. s.) 
 F.iecnled and delivered in presence of 
 
 * If discharged by ihe assignee, say, " E. F., assignee of; " if personal prop- 
 erty, instead of" Registry of Deeds,'" say " Town Clerk's Office." 
 
 Satisfaction of Mortgage in New York, to be signed by 
 the Mortgagee and presented to the Officer. 
 
 I, A. B , of the town of , and county of , do hereby 
 
 certify, That a certain mortgage, bearing date the day of , 
 
 in the year , made and executed by C. D. to me, A. B., and 
 
 recorded in the office of the Clerk of the county of , in Lib. of 
 
 Mortgages, upon page , on the i- day of , in the year 
 
 , is paid, satisfied, and discharged. Dated the day of 
 
 185-. A. B. 
 
 In presence of 
 
 [Should be acknowledged and Recorded.]
 
 58 NOTES. 
 
 NOTES, DUE BILLS, RECEIPTS, ORDERS, &c. 
 
 Judgment Note. 
 $ B , July 1,185-. 
 
 Sixty days after date, I promise to pay C. D. or bearer, Three 
 Hundred and Ten Dollars, value received. And in case of default 
 of payment of the same when due, 1 hereby empower C. D. or any 
 attorney appointed by him, to appear for me, and to confess judg- 
 ment before any Court of competent jurisdiction in the State of 
 
 * for the above sum and costs, with release of errors, waiving 
 
 the right of appeal. 
 
 Witness my hand and seal, this day of , A. D., 1855. 
 
 In presence of A. B. [L. S.] 
 
 * The words, " before any justice of the peace" can be substituted for the above 
 expression in italics, where the statute admits of it. See below. 
 
 Any person who is by law capable of binding himself by a common bond, 
 may enter into a recognizance, (that is, make an acknowledgment, or con- 
 fession) of any debt, and thereby subject his person, goods, and estate to be 
 
 taken for such debt An agent has precisely the power of his principal, in 
 
 all things prescribed by the power of attorney. 
 
 In Massachusetts the Statute requires that an acknowledgment of debt be 
 taken before the Court of Common Pleas in term time, or before the Clerk of 
 the Court during vacation, or before any Justice of the Peace with like effect, 
 if the execution is not to be levied on land If the execution is to be levied on 
 land the acknowledgment must be recorded with the Clerk of the Court within 
 ninety days of the dale. The person making the acknowledgment must be 
 known to the judge, clerk, or justice, or his identity proved. Fees of the Clerk 
 for acknowledging and recording 50 cents, for recording only, 25. 
 
 In New York, a confession of judgment may be given as security for an exist- 
 ing debt or for future advances, or to secure an endorser. The acknowledg- 
 ment must be sworn to before a Justice of the Peace, and filed with the coun- 
 ty clerk, who will enter a judgment of the Supreme Court for the amount. 
 
 In Pennsylvania, judgment may be confessed without the filing of a decla- 
 ration, the prothonotary being empowered to enter judgment on the presenta- 
 tion of a bond, bill, or note containing a power of attorney. In this Slate the 
 words * without defalcation" are required in notes; and the residences of the 
 promisor and endorsers. 
 
 A confession of judgment prevents the expenses and delays growing out of an 
 action at law ; and if goods are levied on, they may probably be held by the 
 creditor, though the delitor subsequently avail himself of the insolvent law. 
 
 The above form of note prevails extensively in some of the Southern and 
 Western States, where great delay and expense occurs in obtaining judgment. 
 
 NEGOTIABLE NOTE. 
 
 B , MARCH , 18 . For value received I promise to pay A- 
 
 B.,or order, dollars in months [or days]. 
 
 S C. D. 
 
 No. Due 
 
 Joint and several Note. 
 
 5 D , APRIL ,18 . 
 
 months [or days] after date, we jointly and severally promise 
 
 to pay G. H.,or order, dollars, value received. 
 
 A. B. 
 C. I>. 
 Note with IVitness. 
 
 ', E , M A Y , 1 8 . 
 
 For value received 1 promise to pay A. B., or order, dollars, in 
 
 months [or days] from date, with interest, at the rate of 
 
 per centum per annum. 
 In presence of A. B.
 
 FOREIGN AND INLAND BILLS. 59 
 
 Note on demand with Interest. 
 
 S F , Ji NE , 18. 
 
 For value received I promise to pay A. E., or order, dollars on 
 demand, with interest, C. D. 
 
 NOTES A negotiable note taken in payment of a debt is a discharge of 
 the debt. To be negotiable, it must be miide payable to payee or order, or to 
 bearer. If made payable to several persons, nul co-partners, it must Im en- 
 dorsed by each person. A note may be endorsed so as to preclude nil recourse to 
 the endorser, a-> follows : B. B. without recourse. Any person may be au- 
 thorized to make a demand for payment. It the maker of a note be absent, 
 the demand may be presented to his agenl. or leltat his place of business, 01 house. 
 If Im is absent from the mate, and ha.-; lefl no agent, and no known place of 
 business, and cannot, by diligent inquiry bo found, notice need not be proved 
 All notes on lime are allowed three cluys "race, (if a note is made payable thre* 
 month* from Jan. I, it is due April 4th,) and if not paid before the expiration 
 of that lime, the endorsers, if they reside in the vicinity, must be immediately 
 notified of the fact, hut if they reside at a distance, the notification may he sent 
 by the quickest mode of conveyance, or the earliest post, or ihe endorser* will 
 not be held liable. If a lettnr be sent to the endorser by post, and it miscarry, 
 and the endorser not receive it, still the notice is sufficient. Every person receiv- 
 ing notice should immediately give a fresh one to the persons preceding him, 
 ifhit wishes to make them liable. 
 
 Each endorser becomes liable to all subsequent holders. If the note be paid 
 and taken upbythe last endorser, he may again transfer it to a new endorsee, 
 who may maintain an action upon it in his own name against any prior party. 
 But if paid by any other endorser than the lust, the note is no looger negotiable. 
 
 No particular form of words are essential to be used in the nonce, which may 
 be verb 1 1 ; but it must contain an intimation that payment of the note has been 
 refused by the maker. 
 
 Notes on demand. In Massachusetts a demand for payment must be made 
 within sixty days, without grar.e, and if not paid, the endorser must be immedi- 
 ately notified, or i In; holder of the note loses his claim on the endorser. In other 
 stale* a demand for payment must be made within a reasonable time, in order 
 to subject the endorser. To hold the endorser he should have received notice 
 immediately alter demand, and refusal of payment. 
 
 
 FORM OF AH ORDINARY INLAND BILL EXCHANGE, OR DRAFT. 
 
 $ B , Nov. , 18. 
 
 Three months* afterdate, pay to the order of G. W., One Hundred 
 Dollars, value received, and charge the same to our account. 
 
 To E. P. Merchant, N. Y. C. D. k Co. 
 
 7" 
 
 FORM OF A FOREIGN BILL, OR SET OF EXCHANGE* 
 
 D , MAY , 18. 
 
 Sixty days* after si^ht of this Fi RST of Exchange, (Second and Third 
 of the same tenor and dale, not paid.) pay to the order of C. D. & Co., in 
 
 Liverpool, the sum of Dollars, value received, and charge the same 
 
 to account of 
 
 To Mr. E. F.ofC . A. B. 
 
 The various parties upon a bill, besides the acceptor, indorsers, drawers, 
 and others, become liable for its payment on failure of ihe acceptor. The 
 acceptor's failure to pay is commonly said to be an net of dishonour. If the 
 drawee refuse acceptance, this likewise is dishonour, and is held to be ouch 
 a prospective refusal of payment as entitles the holder to claim immedimely 
 from the drawer, or.il there he an indorser, on thnt indorser. who hn re- 
 course on the drawer : hut to entitle him thus to recur on the original parties, 
 there are obligations on the holder, without performing which he is held not 
 
 * This admits of the following variations, according to circumstances: In- 
 tead of "three months," or "sixty days, "it may be "aisiehi," or at such a 
 time "after sight," or at such a specified time, or on "demand "
 
 60 RECEIPTS, ORDERS, DUE BILLS, &C. 
 
 to have duly negotiated. He must present the bill for acceptance and for pay- 
 ment on the proper occasion. The holder rriusi, where a hill is payable wilhix 
 a curtain period after sight, present it for acceptance within a reasonable time. 
 The drawee may retain the bill twentyfour hours, after which time if lie refuse 
 to return it, or has destroyed it. he shall be deemed to have accepted it. 
 The holder must give immediate notice of the non-acceptance or non-payment 
 of the bill 10 the drawer, and to every person who would be entitled to 
 bring an action on it after paying it. If he fail to do this, such parlies are 
 discharged. He should also in most cases protest it. 
 
 A Check is a \vritten order, and it is the duty of the person receiving it, 
 whether from the drawer or an indorser, to present it for payment on the day 
 on which he receives it, if it come to his hands early in the day, and otherwise 
 on the day following ; if he be at a distance, he should despatch it within the 
 same time, if the Post Office arrangements admit of his doing so, otherwise the 
 holder may not (in case of the Bank becoming insol vein) recover of the drawer. 
 Legal rules on these points cannot, however, be strictly laid down, and the 
 above statements must be held as of a merely precautionary nature. 
 
 RECEIPT. 
 
 G , JULY , 18. Received of A. B. dollars, in full of 
 
 all demands. C. D. 
 
 Receipt for Money received of a third Person. 
 
 H , AUG. , 18. Received of A. B., by the hand of C. D., 
 
 dollars, on account. 
 
 S B. F. 
 
 Receipt for Interest due on a Bond. 
 
 B ,SEPT. .18 . Received of W. R.,the sum of dol- 
 lars, in full for one year's interest of dollars due to me the 
 
 day of last, on bond by the said W. R., which sum is endorsed 
 
 [or, shall be] on said bond. 
 
 $ E. W. 
 
 Reteiptfor Money due on a Bond. 
 
 B , Nov. 18. Received of A. B., the sum of dol- 
 lars, due to me the day of last, on bond by the said A. B., 
 
 to be endorsed thereon. 
 
 8 c. D. 
 
 BORROWED MONEY DUE BILLS, OR MEMORANDUM CHECK. 
 
 8 I .SEPT. ,18- 
 
 Borrowed and received of A. B., dollars, which I promise to 
 
 pay on demand with interest. C. D. 
 
 Due Bill. 
 
 Due, on demand, to A. B., or bearer, for dollars, [to be paid 
 
 in merchandize,] value received. 
 
 M , OCT. , 18. N. O. 
 
 ORDER. 
 
 Mr. A. B. will please pay to X. Y. or bearer, dollars [in mer- 
 chandize,] and charge the same to account 
 
 M , OCT .,18 N. O. 
 
 NOTE. For further information in relation to Nntts and Bills of Exchange, 
 &c., mid Damages on Protested Bill*, and n great variety of Laws in connec- 
 tion with Tra'te, See " Trader's Guide, and. Business Man's Legal Compan- 
 ion a book which should be in the hands of every man who transacts any 
 kind of business.
 
 POWERS OF ATTORNEY. 61 
 
 POWERS OF ATTORNEY.* 
 General Form of Letter of Attorney. 
 
 KNOW ALL, MEN BY THESE PRESENTS, That I, A. B., of , 
 
 county of , and state of , do hereby make, constitute and 
 
 appoint C. D., of , my true and lawful attorney, for me, and in 
 
 my name, tof [here follows the purpose of the powers, asjully set 
 forth as is requisite,] hereby ratifying and confirming whatsoever 
 my said attorney shall lawfully do, or cause to be done in the 
 premises. 
 
 Witness my hand and seal, this day of , A. D. 18 . 
 
 A. B. [L. s.] 
 
 Executed in pretence of 
 
 Power of Attorney to Sell Stock. 
 
 KNOW ALL MEN BY THESE PRESENTS, That for value receiv- 
 ed, I, A. B., of , do hereby make, constitute, and appoint 
 
 irrevocably, C. D , my true and lawful attorney, with power of 
 substitution, for me and in my name, to sell, assign, and transfer, 
 unto any person or persons whatsoever, sixteen shares now stand- 
 ing in my name, in the Capital or Joint Stock of the Railroad. 
 
 And my said attorney is hereby fully empowered to make and pass 
 all necessary 'acts for the said assignment and transfer. 
 
 Witness my hand and seal, &c. A. B. [L.S.] 
 
 Executed in presence of 
 
 Substitution. 
 
 For value received, I appoint irrevocably, E. F. as my substi- 
 tute, with all the powers above given to C. D. 
 
 Witness my hand and seal, &c. C. D. [L. s.] 
 
 Executed in presence of 
 
 '1. If a teller of Attorney is to be used in nnoiher Stale tlian thai where 
 the principal resides, il should he acknowledged l>efo r e u Judge of a Court or 
 Justice of Peace. If in a foreign country, he fore n \nmry Puhlio. 
 
 2. A prinripiil is hound by every act of his agent or Attorney done within 
 the scope of the authority given him. 
 
 3. Powers of Attorney nre inken to be in force till notice of revocation, or 
 the de-.iih of the pnny giving the *ame. 
 
 4. A married woman mny lawfully ort as her husband's attorney, if duly 
 empowered by a letter of attorney Irom him. 
 
 6. Where a conveyance i< n.ade by 1111 attorney, he should grant il in (he 
 name of the principal, mid put the principal's nume, and sen! to the deed, and 
 acknowledge it before the magistrate to be the deed ol the principal. 
 
 t If the Power is giren to rolitet D'bt.t, say f " ask, demand, sue (or, col- 
 lect, nnd receive, all such sum and sum* of money, debts, rents, dues, ac- 
 count*, mid other demand* whatsoever ; which are or shall be due, owing, 
 pavnble ntnl belonging to me, or detained from me, in tiny manner whatso- 
 ever, by C. C., ol , county of , slate of , his heirs, executors, mid 
 
 administrators, or any of them ; (or by any person or persons residing or being 
 in the siate of ;) "] 
 
 If the Power relates to Insurance, say [" effect insurance on , witk 
 
 the Fire [or, Marine] Insurance Company, in ,on such term* as he 
 
 shall deem fit . and I hereby empower him to sijrn any application for said 
 Insurance, representation of the condition and value of said property, articles 
 of Hgreement, promissory note , and all other papers that may lie necessary 
 for thai purpose ; and also to cancel and surrender any policy he may obtain, 
 and on such cancelling, or the expiration thereof, to receive any dividend, re- 
 turn premium or deposit that may be due, and on such receipt full discharge to 
 give therefor,"! 
 
 BMA 6
 
 62 POWERS OF ATTORNEY. 
 
 Power of Attorney to Sell and Lease Lands. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I. A. B., of the 
 
 county of and State of , have made, constituted and 
 
 appointed, and by these presents do make, constilute and appoint 
 
 C. D., of the county of and State of , [or Stale aforesaid,] 
 
 my true and lawful attorney, for me and in my name, to [grant, 
 bargain, sell and convey, to any person or persons, who may 
 
 desire to purchase the same, the quarter of section number 
 
 , in township number north of the base line, in 
 
 range number east of the principal meridian in the 
 
 State of ,] and for me and in my name to make, execute, 
 
 acknowledge, and deliver, good and sufficient deeds and convey- 
 ances for the same, either with or without covenants and war- 
 ranty;* giving and granting to my said attorney full power and 
 authority to do all acts necessary and proper to be done in the 
 premises, in as full and ample a manner, as I mi<>ht or could do, it 
 personally present. And 1 do hereby ratify and confirm all the 
 acts of my s?id attorney lawfully done in the premises. 
 
 Witness my hand &c. A. B. (L. 8.) 
 
 Executed in presence of [To he acknowledged.] 
 
 Power to receive Dividends. 
 
 Please pay A. B. all dividends due on all Shares in your Corpo- 
 ration standing in my name. 
 
 To CASHIER OF BANK. C. D. 
 
 B , Jan. I, 185. 
 
 By fnsening afier the word "due'" intheabove, the words " or to becomt 
 due," the Order becomes a standing one. 
 
 If to Railroad, direct " To Treasurer of B Railroad." 
 
 Revocation of a Power of Attormy t 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of &.C., 
 
 in and by my letter of attorney, bearing date the day of 
 
 in the year one thousand eight hundred and , did make, consti- 
 tute, and appoint C. D., of, &c , my true and lawful attorney, for 
 me, and in my name, to &c. ( [here copy the language of the Ittter 
 of attorney,] as hy the said letter will more fully appear: Now, 
 know ye, that I, the said A. B., have revoked, counicrirnmded, 
 annulled, and matte void, and by these presents do revoke, counter- 
 mand, annul, and make void, the said letter of attorney, and all 
 power and authority thereby given, or intended to be given, to the 
 said C. D. 
 
 In witness whereof, I have &c. A. B. (L..S.) 
 
 Executed in presence of 
 
 *lfthelanifi$tu be leased, any, ["Ami until the Bale thereof to i-ign, seal and inter* 
 change to, anil with any IMT-H ith whom suid C. I), in.iy conlrttcl, and for und 
 upon such terms an mid C. 1. ">a agree, lease* of the whole or any |>ail of the 
 aforesaid land : hereby au'hiir.* p ,g my said attorney to receive the rents, which 
 may heroine due on mid letuet, and to receipt for the tame in my name, lie ac- 
 counting to me therefor;'' 
 
 t A I'ower of Attorney is revocable at pleasure, mid all persons interested 
 should have notice of ilie revocation. But ii the authority is coujiled with uii 
 interest it is not revocable, though it be not so stated in the letter.
 
 RELEASES. 63 
 
 RELEASES. 
 Release of a Legacy. 
 
 KNOW A1L MKN BY THESE PRESENTS, That, I, C. B., of , 
 
 do hereby acknowledge to have received of E. F. of , executor 
 
 of the will of A. B., late of , deceased, dollars, in full satisfaction 
 of a legacy given and bequeathed to me by the said A. B., by his 
 said will, bearing date the day of , A. D. 1852, and therefore 
 1 do, by these presents, release and forever discharge the said 
 E. F. from all legacies, dues, duties and demands whatsoever, which 
 I, my executors or administrators, may have, claim, or demand of, or 
 against the said E. F., his executors and administrators, by virtue 
 of said last will and testament. 
 
 In witness whereof, I have hereunto set my hajid and seal, this 
 day of , one thousand eight hundred and . A. B. [L. s.] 
 
 Exetuted and delivered in presence of 
 
 Deed of Release of Dower. 
 
 KNOW ALL. MEN BY THESE PRESENTS, That I, A. B. of , 
 
 in consideration of dollars to me paid by C. D. of , do here- 
 by release and forever quit-claim to the said C. D., his heirs and 
 assigns, all rny right of dower in and to the following described real 
 estate, situate in \jhere describe the estate,] [of which my late hus- 
 band E. B. was heretofore seized]. To have and to hold the same 
 to the said C. D., his heirs and assigns forever. 
 
 In witness whereof, I have hereunto &c. A. B. [L. s.] 
 
 Executed and delivered in presence of 
 
 [Should be acknowledged and recorded.] 
 
 Release of Dower to be endorsed on Deed. 
 
 IN CONSIDERATION of dollars, to me paid by the within 
 
 named C. D., I, A. B., wife of the within named E. B., do hereby 
 release and quit-claim to the said C. D., his heirs and assigns, all 
 my right of dower in the within described premises. 
 
 In witness whereof, I have hereunto set &c. A. B. [i*. s.] 
 
 Ei.ecuJ.ed and delivered in presence of 
 
 [Should bo acknowledged.] 
 
 Release of all Demands. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., of , 
 
 in the county of , in consideration of the sum of dollars to 
 
 me paid by C. D.,of ,inthe county of , the receipt whereof 
 
 I acknowledge, do hereby, for myself, my heirs, executors, admin- 
 istrators, and assigns, remise, release, and forever discharge the 
 said C. D.,his heirs, executors, and administrators, of and from all 
 debts, demands, actions and causes of action, which I now have, in 
 law or equity, or which may result from the existing state of things* 
 from any and all contracts, liabilities, doings and omissions, from 
 the beginning of the world to this day. 
 
 In witness whereol, I have hereunto set my hand and seal, &c., 
 
 A. B. |>. s.] 
 
 Executed in presence of
 
 64 PROXY. PETITIONS. REMARKS ON WILLS. 
 
 PROXY TO VOTE FOR DIRECTORS. 
 
 BE IT KNOWN, that I, A. B., of do appoint C.JD., of , 
 
 to be my proxy, for me and iu my name, to vote at any election 
 of directors [or trustees, &c.,] of the [describe the Company or 
 Society by its corporate title] and all other matters which at any 
 refiulaV meeting of the stockholders may properly come before them. 
 
 Witness my hand and seal, this day of , A. D. one 
 
 thousand eight hundred and . 
 
 A. B. . [i.. s.] 
 
 Signed in presence oj 
 
 HEADINGS OF PETITIONS. 
 
 To THE LEGISLATURE. 
 
 To the Bonohie the General Assembly of the State of M. [or the General Court of M.J 
 the petition of A. A., of &c.. respectfully sheweth. That your petitioner, &c. 
 
 To KITIIKB BRANCH or TIIK LEGISLATURE. 
 
 To the Honorable the Senate, [or to the Honorable the House of Representatives] of the 
 State of M., the petition of A. A., of ftc., respectfully sheweth, That.&c. 
 
 To THE AUTHORITIES OF A CITY. 
 
 To the Honorable the Mayor, Aldermen, and t'ommon Council, of the city of B., the 
 petition of A. A., respectfully sheweth, That, Ac. 
 
 To THE SKLKCTMKN OF A TOWN. 
 To the Honorable the Selectmen of the town of C., the petition, &c. 
 
 DIRECTIONS FOR MAKING A WILL. 
 
 WHO MAY MAKE A WILL. All persons of sound mind, except infant* and 
 married women, may dispose of their KEAL property by will. A married woman may 
 do to with the assent of her husband ; and if she possess a deed of settlement of her 
 estate, prior to her marriage, she may retain this power and execute it af-cr marriage. In 
 tome States she may dispose of property by will, which lias been left to her sole use be- 
 yond the control of her husband. PERSONAL PKOI-EKTY may be disposed of by will, 
 by a male infant of fourteen, and a female of twelve. In New York the ages are eighteen 
 nd sixteen. A married woman may dispose of personal property with the assent of her 
 husband. Persons bereft of their faculties by old age, or other causes, are incompetent to 
 make a will. 
 
 A person making a will should be careful to give his Christian and surname, his place 
 Of abode, trade, fcc. Legatees should also be properly described. 
 
 THE NATURE AND EXECUTION OF WILLS. Wills are of two kinds, WRITTEN 
 and UH WRITTEN. The latter have now become very unusual, being liable to great im- 
 position. In some States, as in Massachusetts and New York, an UNWRITTEN will, be- 
 queathing personal estate, is only valid when made by a soldier in actual service, or by a 
 mariner while at sea. 
 
 A will of any kind of property must be in writing. 
 
 The will, or codicil, should be signed at the toot or end thereof by the testator. If he 
 does not sign, it must be signed by eomc person in his presence, and by his direction. 
 
 The signature must be made, or acknowledged, by the testator, in the presence of 
 witnesses present at the same time. 
 
 In Massachusetts, New Hampshire, Maine, Rhode Island, Connecticut, New Jersey, 
 Pennsylvania, Maryland. South Carolina, Georgia, and all the other States, the attestation 
 is good if signed by three witnesses. In Delaware, Virginia, Ohio, Illinois, Indiana, 
 Missouri, Tennessee, North Carolina, two witnesses only are required. In New York, 
 two are necessary, who must write opposite their names their place of residence, penal- 
 ty for neglect #50. 
 
 Lastly, the LKOAL number of witnesses must attest and subscribe the will, or codicil, 
 in the presence of the testator, and attest that the will was signed, or his signature ac- 
 knowledged by the testator, in their presence. 
 
 WITNESSES TO A WILL. They should not be persons who, on account of having 
 been convicted of any infamous crime, are disqualified from giving evidence in a court of 
 justice. Nor should they be Icpitccs under the will, or codicil ; nor any way interested in 
 making the will. They should also be persons of sufficient intelligence nnd understand- 
 ing. Legacies to an attesting witness, or his wife, or her husband, are void. But creditor! 
 and executors can be attesting witnesses. Alterations in wills must be made in the same 
 way as a will is made, that is, the will must be again witnessed and signed. 
 
 CODICIL. A codicil is a supplement or addition made to a will by the testator, adding 
 to, explaining, or altering some pnrt of his former disposition. It may be written on the 
 amc paper, or affixed to and folded up with the will ; or it may be written on a different 
 paper, and deposited In a different place. 
 
 In general, the law relating to a codicil is the same as that relating to wills, and the Ilk* 
 guarantees of. slgaature and attestation arc required.
 
 WILL. 65 
 
 Though a man can properly make only one will, he may make as many codicils as he 
 pleases, and the first is equally valid with the last, if not contradictory. 
 
 LEGACY. A Legacy is a bequest, or gift of money, goods, or chattels, by will j the 
 person to whom it is given is called the legatee ; and if the gift is of the residue of an 
 estate, after the payment of debts and other legacies, he is called the residuary legatee. 
 
 In case of a deficiency of assets to pay thedebts.all the general legacies must abate pro- 
 portionally. So, if the legatees have been paid, they are bound to refund a rateable part. 
 
 General conditions imposed on legatees not to marry, are void, as immoral, by tending 
 to prevent the multiplication of the species. 
 
 REVOCATION OF A WILL. A will may be revoked at the pleasure of the testator. 
 He may burn, tear, cancel, or obliterate it, but an obliteration of a part is a revocation of 
 only that part. Marriage and the birth of a child operate as a revocation, provided the 
 wife and child were unprovided for. A second will is also a revocation of the first. The 
 marriage of a woman revokes a will previously made by her. A codicil revokes a will if 
 contrary to it. 
 
 WILL. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B., Oi 
 
 , in the county of , and state of , merchant, being of 
 
 sound disposing mind and memory, do make and publish this my 
 last Will and Testament. 
 
 1st. 1 give and bequeath to my son C. B. one hundred dollars. 
 
 2d. I give and bequeath to my sons D. B. and E. B., five hun- 
 dred dollars each. 
 
 3d. I give and bequeath to my honored mother five hundred 
 dollars. 
 
 To be paid to them respectively within one year after my decease. 
 
 4th. I give and bequeath to my beloved wife, N. B., all my 
 household furniture, wearing apparel, and all the rest and residue 
 of my personal property, (after payment of my debts and legacies.) 
 
 5th. I give and devise to my daughter, G. H., wife of B. H., of 
 
 , the lot of land, with the building thereon, situate in the town 
 
 of in the county of (bounded as follows]. To have and 
 
 to hold the said premises with the appurtenances, to her, the said 
 G. H., to her sole and separate use, free from the interference or 
 control of her husband, and to her heirs and assigns forever. 
 
 6th. I give and devise to my eldest son F. B., his heirs and as- 
 signs, all my homestead farm, situate in the town of B.,in the coun- 
 ty of M., whereon 1 now live. To have and to hold the same to 
 him, the said F. B., and his heirs and assigns forever. 
 
 7th. I give and devise to my beloved wife, N. B., all the 
 rest and residue of my real estate, together with any and all 
 estate, right or interest in lauds, which I may acquire after the 
 date of this Will as long as she shall remain unmarried, and my 
 widow ; but on her decease or marriage, the remainder thereof I 
 give and devise to my said children, and their heirs, respectively, 
 to be divided in equal shares between them. 
 
 8th. I ordain and appoint my brother, R. B., as executor of 
 this my last Will and Testament. 
 
 If a testator in his Will makes provision for his wife, declaring the same 
 to be instead of dower, the wife may have her election (within a specified 
 time in Massachusetts it is six months) to accept the provisions of the Will, 
 or claim her dower at law, but she cannot have both. If the provisions in lh 
 Will are not declared to be instead of dower, she will hold both. 
 
 BMA 6*
 
 66 WILL AND CODICIL. 
 
 In testimony whereof, I have hereunto set my hand and seal, 
 and publish and declare this to be my last Will and Testament in 
 
 the presence of the witnesses named below, this day of , 
 
 in the year . 
 
 A. B. [L. s.] 
 
 Signed, sealed, published, and declared by the said A. B., ax and for his last Will 
 and Testament, in presence of us, who, at his request and in his presence, and 
 in the presence of each other, have subscribed our names as witnesses hereto. 
 
 L. M. 
 0. P. 
 G. H. 
 
 I ft he Will be sisrned by a third person for the testator, the attestation should 
 be thus : 
 
 Signed by the said E. P. in our presence and in the presence of the said A. B. 
 and by tmcxpress direction, and by the said A. B. at the same time published and 
 declared an his last will and testament, in the presence of the said E. F. and of 
 us, who each in the presence of the other, and of the said A. B. and of the said E. 
 F. have hereunto set our hands as subscribing witnesses. 
 
 The manner of signing and attesting Wills in New England and many of the 
 States, is similar to the above. In Mew York, it is as follows : 
 
 The above instrument was now here subscribed by A. B., the testator, in the 
 presence of each of us , and was at the same time declared by him to be his last 
 Will and Testament: and we, at his request, and in his presence, sign our names 
 thereto, as attesting witnesses. 
 
 D. F., residing in Utica, County. 
 
 6. H., residing in Utica, County. 
 
 Codicil. 
 
 WHEREAS, by my last will and testament, dated the day of 
 
 , 18 , I gave to my daughter J. W., [here mention the 
 
 legacy,] I do hereby, by this present writing, which I declare to 
 be a Codicil to my said Will, revoke the said legacy, and give and 
 bequeath the same to my son S. W , Jr. I also give and bequeath 
 
 to my nephew G. E. the sum of and to my niece H. E. the 
 
 sum of . And I hereby ratify and confirm my aforesaid Will 
 
 in all respects, except so far as changed or altered by this Codicil. 
 
 In testimony whereof, &c., [same as will.] 
 
 A. B. [L. s.] 
 
 Signed, sealed, and declaredby the said A. B. to be a Codicil to his last will and 
 testament, in the presence of. [same as will.] 
 
 LIEN OF MECHANICS. 
 
 N, signifies a claim or right annexed to, or attached upon any property, 
 which a person has in his custody or possession belonging to another, for any 
 demand due from the party who is the proprietor of such property. 
 
 M>r.hiinir.'it Lien Law in Massachusetts. Any person who shall actually per- 
 form labor in erecting, altering, or repairing any building, or shall furnish mate, 
 rials therefor, by virtue of any agreement with, or consent of, the owner thereof, 
 or any person acting in his behalf, shall have a lien on such building, and upon 
 the interest of the owner of the building in the lot of land upon which the same 
 is situated. No lien for materials shall attach unless the purchaser furnishing 
 the lame, shall, before so doing, give notice to the owner of the land, if such 
 owner be not the purchaser of the materials, that he intends to claim such lien.
 
 LABORER'S LIEN LAW. 67 
 
 Such lien i dissolved, unless the person within thirty days a ("tor he shall cease 
 to 1 ilior or furnish materials fur such building, shall file in the office uf the clerk 
 in the cily or town, a statement of a just and true account of the amount due 
 him, with all just credits given, together with a description of the property, with 
 the name or names of the owners of tlio property, if known, which certificate 
 shall be * subscribed and sworn to by the person claiming the lien, and shall be 
 recorded. Such lien may be prevented from attaching, by the owner giving no- 
 tice in writing, to the parson uhout performing the labor, or furnishing such ma-. 
 teriiil.i, that he will not be responsible therefor. 
 
 Such lien may be enforced by petition to the court of common plens, or when 
 the amount of claim does not exceed 100 dollars, to any police or justices' court, 
 or where there is no police or justices' court, by petition to any justice of the 
 peace having jurisdiction in other civil cases between the same parties. 
 
 Lien is dissolved unless suit is commenced within 70 days after the time when 
 such labor is performed. 
 
 When such debt is fully paid, the creditor, at tho expense of the debtor, shall 
 enter a discharge of tho same on the margin of the registry, or execute a deed of 
 release. 
 
 A Lien on Ships and Vessels is allowed. for labor performed or materials used 
 in construction or repairs, or for provisions, stores or other articles ; and such lien 
 must be filed in the clerk's office in the city or town within fonr days from the 
 time such vessel shall depart from the port where the debt wag contracted. Tho 
 mode to be pursued is similar to the foregoing. 
 
 In the Slate of Maine, all persons furnishing materials, or labor, in building or 
 repairing a vessel, may secure a lien by attachment within four days after said 
 vessel is launched or repaired. And a lien on a house, or other building, can be 
 secured by attachment within ninety days from the time the payment for such 
 labor or materials became due 
 
 Jfew Hampshire. The lien law is similar to Maine 
 
 Connecticut. Lien is given to persons on buildings constructed or repaired by 
 them, or for materials furnished, or services rendered exceeding thesum of $-J5.(K>. 
 
 Lien does not attach unless within sixty days after performing such services, 
 and furnishing such materials, a certificate is lodged with the town clerk, de- 
 scribing the premises, the amount claimed, and the date of tho commencement 
 of the claim. 
 
 No debt, as above, can remain alien longer than sixty days after the building is 
 finished, unless a certificate in writing, describing tho premises and the amount 
 claimed, is lodged with the town clerk, to be recorded after first having been sub- 
 scribed and sworn to, as the amount justly due as near as can be ascertained. 
 
 New York. The contractor, laborer, or a furnisher of materials in building a 
 houfle,&.c.,must file, in the office of the clerk of the county, a copy of his contract, 
 but if he have no written contract, he will file the specification ot the work or mate- 
 rials, with the prices agreed on, and withintwenty daysafter thecontrar.t,or com- 
 mencement of the labor, &c., he will give novice thereof personally to the owner, 
 or his agent The lien will continue one year from the filing or serving of notice. 
 
 Lien on ships and vessels is similar to that of Massachusetts. Lien ceases in 
 twelve days after tho vessel loaves the port, whore the debt was contracted. 
 
 In the city of New York the owner of a building on receiving from the laborers, 
 journeymen, &c., an attested account of the value of their services, may retain 
 the amount due to them by the builder, for their benefit. 
 
 'Certificate for Work or Labor. To be Recorded. 
 
 I, A. B.of , do hereby claim to have a lien upon the estate situated [here 
 
 describe the premises] ; to secure the payment of dollars cents, being 
 
 the amount of wages due me in my own right, aAer deducting all just credits, 
 for work done and performed in building [altering or repairing, as the case may 
 be] said premises, according to the following bill : 
 (Here insert the Bill.) 
 
 C. D. of ,is the owner of said premises, and E.'F. of , the contractor 
 
 under which the work was done and performed. 
 
 (Signed) A. B. 
 
 f , STATE OF . 
 
 - B , MAT 24, 1851. 
 
 Personally appeared the abovenamed A. B., and made solemn onth (or sol- 
 emnly affirmed) that the foregoing Certificate, by him subscribed, is true. 
 Before me, G- H. 
 
 Just, of the Peace for said County.
 
 68 
 
 LIEN OF MECHANICS. 
 
 Pennsylvania. In the cities of Philadelphia, Harrisburg, Pittsburg,and many 
 coiini H:S, persons furnishing labor or materials for the erection of a house, or 
 other building, have alien tor such work or materials furnished in its erection, 
 for six months after the work is finished, or the materials furnished, which may 
 be continued five years by filing their claim in the office of the Prothonotary, and 
 five years longer by legal process in the proper courts, and until satisfied. 
 
 Missouri. Contractors, have a hen fur material furnished, and work done. To 
 secure it, an account of such lien, under oath must be filed with the clerk of the 
 Circuit Court of the county where the building is situated within six months 
 after the materials have been furnished, 01 labordone. 
 
 No lien srwll bind any building for a longer time than twelve months after the 
 building is finished, unless a suit c<iall have been brought on the lien. 
 
 New Jersey. A lien *m buildings in the counties of Hunterdon, Somerset, 
 Monmouth, Salem ; Cumberland, the township of Paterson, Manchester, &c ex- 
 ists for two years, if the claim be filed with the clerk of the common pleas, with- 
 in six months after ihe materials were furnished or work performed. Action 
 must be commenced within one year from the lime the work was completed. 
 Journeymen being refused their pay by the contractor, can obtain it from 
 ihe owner. In the cily of Newark, in the township of Elizabeth, Rahway, 
 Belville, Woodbridge, and South Brunswick, a sr.eeificalion of the work or 
 materials with the prices agreed upon, must be filed in the office of the clerk of 
 the county, and the owner notified personally, within fifteen days after the ma- 
 king of such contract. If so filed, the lien will continue six months after the 
 completion of the building. 
 
 O/iiu. Every person furnishing materials, or performing labor, (under a con- 
 tract between the owner and builder), in the erection or repairing of a house, 
 manufactory, boat or vessel, rrtay obtain a lien by depositing a written account, 
 sworn to, and also, a copy of the contract, if there be one, with the Recorder of 
 the county, within four months from the time of performing such labor or furnish- 
 ing such materials, and such lien shall operate two years. 
 
 Indiana. Mechanics and all persons performing labor, or furnishing mate 
 rials for the construction or repair of any building, or on the lot, or land on 
 which it stands, or on an engine or other machinery, have a lien seperately or 
 jointly. Sub-contractor, journeyman, or laborer, must give notice to owner 
 in writing; and must file a notice in the recorder's office within sixty days 
 after the completion o r lhe building, &c. 
 
 Illinois. Lien on lands and tenements exists, provided the time of complet- 
 ing contract does not exceed three years, nor the tim>- of payment one year. 
 Landlords have a lien on crops growing, for rent. Liens upon boats and ves- 
 sels must be enforced within three months from time of indebtedness, for build- 
 ing, repairing and equipping such boats, and also by the engineers, pilots, &c. 
 
 Michigan. Lien on buildings is dissolved at the expiration of six months 
 from the time the money is due, unless sui: is commenced within that time. 
 
 Wisconsin. Lien on buildings exists, if notice be given to the owner in writ- 
 ins, by tne person employed, within thirty days after being so employed. Ac- 
 tion must be commenced within one year, or lien is dissolved. 
 
 Maryland. In the city of Baltimore and county of Harford, written notice 
 must be given to the owner of the building within thirty days after making the 
 contract, of hi* intention to claim the benefit of lien. Every debt against such 
 building shall be a lien for six months after the work is completed, though no 
 claim be filed. 
 
 California. All boats and vessels navigating the waters of the state are liable 
 for debts contracted by the master, owner, agent or consignee, for supplies, 
 work, l.ibor, building. rcpairin<:, fitting out, furnishing or equipping such boat 
 or vessel ; for wharfage and anchorage ; for non-performance and mal-performance 
 of contracts touching the transportation of property and persons ; and for injuries 
 to persons and property. The wcges of seamen and boatmen to be first paid. 
 Suit mast be instituted within fifteen days. 
 
 Lien Laws fxistin someofthe southern andwestern states, not mentioned in 
 the foregoing list, which .secure the amounts due to contractors, furnishers of 
 materials, and workmen, engaged in the erection of buildings, and also those 
 engaged in building, repairing equipping, or performing duty on board of 
 steamboats, which do not materially differ from the above abstracts. 
 Three things are usually required. 
 
 1st That the Contract should be in writing. (See Contract*, page 16.) 
 
 2d. That the contract, specification, certificate, or claim should be filed, or 
 recorded, within a specified time. 
 
 3d. Action, or suit, by attachment on iLe lien, should be commenced within 
 a certain time.
 
 APPLICANTS FOR PATENTS. 69 
 
 INFORMATION 
 
 TO PERSONS HAVING BUSINESS TO TRANSACT AT THE 
 
 PATENT OFFICE. 
 
 [The following extracts from the U. S. Patent Acts, with the Directions 
 and Forms, will enable any person to make out the necessary papers, 
 in order to obtain a patent] 
 
 ALL Patents are issued in the name ofthe U. S., signed by the Sec- 
 retary of StHte. and countersigned by the Commissioner of Patents. 
 
 The application for a patent must be by petition to the COMMISSION- 
 ER of PATENTS. 
 
 Patents are granted for any new and useful art, machine, manufac- 
 ture, or composition of matter not known, or useil by others before his 
 or their discovery or invention thereof, and not, at the time of his ap- 
 plication for a patent, in public use, or on sale with his or their consent 
 or allowance as the inventor or discoverer. 
 
 Any person, on application at the Patent Office, can obtain certified 
 copies of the record, on paying ten cents for every page of one hun- 
 dred words ; and for copies of drawings, at the reasonable expense of 
 making them. No answer is returned when a description of an inven- 
 tion is sent, and inquiry made if there be anything there like it. 
 
 The term for which a patent is granted is fourteen, but it may some- 
 times be renewed for seven years, by application to the Commissioner 
 of Patents. Patents are granted to citizens of the U. S., to aliens who 
 have resided in the U. S. one year, and made oath of their intention to 
 become citizens, and also to foreigners who are inventors or discov- 
 erers. 
 
 Joint inventors are entitled to, and can claim a joint patent, but 
 neither can claim one separately. 
 
 An inventor can assign his right before a patent is obtained, so as to 
 enable the assignee to take out a patent in his own name ; but the as- 
 signment must be first entered of record ; the application therefor duly 
 made, and the specification sworn to by the inventor. 
 
 The assignment may be to the whole or an undivided part by any 
 instrument in writing. All assignments, and also the grant of the use 
 of the patent in any town, county, state, &c.. must be recorded in the 
 patent office within three months from the date. 
 
 The law requires the payment of the patent fee, ($30,) and the filing 
 of the specification, model and drawings, before the application ran be 
 considered ; two-thirds of the fee is refunded if the application be 
 withdrawn. 
 
 Every inventor, before he can receive a patent, shall deliver to the 
 Patent Office a written description of his invention or discovery, and of 
 the manner and process of making, constructing, using, and compound- 
 ing the same , and if a machine shall fully explain the principle, modes, 
 application, and character, by which it may be distinguished from other 
 inventions; and shall particularly point out the part, improvement, or 
 combination, which he claims as his own invention or discovery, with 
 duplicate drawings, where the case admits of drawings ; or if a compo- 
 sition, furnish specimens of ingredients, and of the composition of mat-
 
 70 APPLICANTS FOR PATENTS. 
 
 ter, sufficient in quantity for the purpose of experiments. A model will 
 be required in all rases which admits of a representation by model. He 
 shall also make oath or affirmation that he verily believes lYmsdf to be 
 the original and first inventor of the improvement in question, and that 
 he does not know or believe that the same was ever before known or 
 used ; also of what country he is a citizen. 
 
 What is claimed as new must be distinguished from what is old. The 
 inventor must not claim too much. 
 
 A defective specification, or drawing, may be amended at any time 
 before a patent has issued. 
 
 The drawings should in general be in perspective, neatly executed 
 and such parts as cannot be in perspective, must, if important, be rep- 
 resented in section or detail signed by the patentee, aud attested by 
 two witnesses except when the specification refers to them by letters or 
 figures. The model should be as distinct a representation of the ma- 
 chine, or improvement, as possible, and have the name of the inventor 
 printed, or engraved upon it, or affixed to it. Models forwarded without 
 a name, cannot be entered on record. Whenever the inventor is desi- 
 rous of adding new improvements, like proceedings must be had as in 
 case of original applications. 
 
 If the patentee has made his claim too broad, claiming more than 
 that of which he was the original inventor, he may make a disclaimer, 
 in writing, of such part, to be attested by one or more witnesses, and 
 rerorded in the Patent Office, on payment of the sum of ten dollars j 
 and such disclaimer shall thereafter be considered part of the original 
 specification. 
 
 The specification must be made in such _/"//. cZear,and exact terms, as 
 to enable any person skilled in the art or science to which it appertains, 
 to make, construct, compound, and use the thing patented. 'J he part, 
 improvement or combination which the inventor claims as his own dis- 
 covery, should be particularly pointed out, and the specification should 
 be framed with letters of reference to the drawings. 
 
 Any person entitled to take out a patent, who shall desire further time 
 to perfect the invention he has made, may, by paying twenty dollars, 
 file a Caveat in the confidential archives of the office, setting forth the 
 design and purpose of his invention, its principal and distinguishing 
 characteristics, &c., praying protection of his right till he shall have ma- 
 tured his invention ; which sum of g:20, in case the person filing such 
 Caveat shall afteiwards take out a patent for the invention therein men- 
 tioned, shall be considered a part of the sum required for the same. 
 
 If application shall be made by any other person, within one year 
 from the time of filing such caveat, for a patent of any invention with 
 which it may in any respect interfere, it shall be the duty of ihe Com- 
 missioner to deposit the description, specifications, drawings and model, 
 in the confidential archives of the office, and give notice (by mail) to the 
 person tiling the caveat of such application, who shall, within three 
 months after, file his description, specification, drawings and model, if 
 he would avail himself of the benefit of his caveat. If, in the opinion 
 of the Commissioner, the specifications of claim interfere with each other, 
 like proceedings may be had as are provided in the case of inteifering 
 applications, provided no opinion of any board of examiners shall pre- 
 clude any person from the right to contest the same in any judicial court 
 in any action in which its validity may come in question. 
 
 An old patent may be surrendered to correct a mistake, or error, and 
 the fact should be staled in the application, and a new patent will be is- 
 sued for the same invention, for the residue of the period. In the re- 
 issue, the claim is subject to an examination, and if any part of it is
 
 PATENT FORMS. 71 
 
 not original, the reissue will not be granted, unless the said part be 
 omitted. 
 
 Protection is by the act of August 29, 1842, extended to a new class of 
 objects, viz.: 
 
 To new and original Designs : 
 for n manufaclureofmeial and other materials ; 
 for the printing of woollen, silk, cotton, or other fabrics; 
 for Inisis, si HI in-.-, or bus reiie.i", or composition in alto or basso relievo ; 
 fur any impression or ornament, or to be placed on any article of munu- 
 
 fuclnre in marble orolher material , 
 for any new and useful pattern, print, or picture, to be in any mannei 
 
 attached to, or fixed on, any article of manufacture ; 
 
 for any new or original shape or configuration ofiiny article of manu- 
 fuclure ; all sucli desings not being previously known or used by others. 
 
 Americnn ministers, consuls etc , residing abroad, may administer the oath 
 required (or applicant* not resilient in (lie United States. Heretofore such 
 functionaries were not nuihorized 10 perform this act, thus subjecting appli- 
 cants, in foreign countries, to much inconvenience. 
 
 The fee required is $15, and duration of the Patent seven years. 
 
 Application must be made by petition, and a specification of the invention 
 or production fully described, to be signed and witnessed by iwo witnesses, 
 mud verified by oath. 
 
 The stamping or affixing the name of any patentee on any article without 
 authority so to do, or the affixing the word pnlrnt UT ItUtrs'patent, or the stamp 
 murk, or device of any patentee on any unp:itenled article, for the purpose .it 
 deceiving ihe public, is forbidden under a penally of nut less tliau one hundred 
 dollars. 
 
 Patentees, or their assignees, are now required to affix the date of the patent 
 on each article vended or offered liir sale, under a like penalty thus affording 
 to the public not ire of the duration of the patent. When (he article is of such 
 a nature, that the dale cannot be printed thereon, it should be affixed to the 
 case or package containing it. 
 
 FORMS TO BE USED IN MAKING APPLICATION TO THE PATENT OFFICE. 
 
 Form of Petition. 
 To the Commissioner of Patents. 
 
 THE petition of A. B., of ,in the county of , and State of , 
 
 respectfully represents : 
 
 That your petitioner has invented a new and useful [or, lias invented 
 a new and useful unpiovemeni on n, or, on the machine, &.<-..] wh ch lie 
 verily believes has not been known or used prior to the invention theie- 
 01 by your petitioner. He therefore ptays that letters patent of the 
 United riuiics ma) be granted to linn therefor, vesting in him and his 
 leg;il representatives, the exclusive right to the same, upon the terms 
 niul conditions expressed in the Act of Congress in that case made and 
 provided ; he having paid thirty dollars into the treasury, and complied 
 with other provisions of the said act. 
 
 A.B. 
 
 Form oj Specification. 
 To all whom it may concern. 
 
 Be it known that I, A. B., of , in the county of , and Slate of 
 
 , have invented a new and useful machine \pr, improvement on a,
 
 72 PATENT FORMS 
 
 or, on the marhine, or, composition, &c.,] for [here give the object, or 
 title, ol the invention]; and 1 do hereby declare that the following is a 
 full and rxaet description. 
 
 [Here describe the invention with great particularity and exactness.] 
 See also introductory remarks. 
 
 Witness, C. D. A. B. [L. s.] 
 
 E. F. 
 
 Form of Oath. 
 
 State of , County of , sa. 
 
 On this day of , 185, before the subscriber, a justice of the 
 
 peace in anil for the said county, personally appeared ihe within-named 
 A. B . and made solemn oath [or, affirmation] that he verily belief's him- 
 self to be the original and fi:st inventor of the [improvement, machine, or, 
 composition] herein described ; and that he does not know or believe 
 that the sumo was ever before known or used 5 and that he is a citizen 
 of the United Suites. 
 
 (Signed,) J. S., Justice of the Peace, 
 
 Fnrm of Withdrawal. 
 To the Commissioner of Patents. 
 
 SIR : I hereby withdraw my application for a patent for improve- 
 ments in , now in your office. an<l request that twenty dollars may be 
 
 returned to me. agreeably to the provision of the act of Congress author- 
 izing such witlidr 'ival. A.M. 
 B . July 5, 1S51. 
 
 N. B. If you withdraw your application, please enclose a receipt in the 
 following form: 
 
 Keceiveil <>t the Treasurer of the United States, per Hon. C. D., Commis- 
 sioner "f (Clients, tweniy dollars, being the amount refunded on withdrawing 
 my application for a patent for . 
 
 Form of Surrender of a Patent for Reissue. 
 
 - * To the Commissioner of Patents. 
 
 The petition of A. B., of ,in the countyof ,and State of 
 
 respectfully represents: 
 
 That he did obtain letters patent of the United States for an improve- 
 ment in . which letters p.itent are dated on the first day of May, 
 
 1851. Thru he now believes that the same is inoperative and invalid, by 
 reason of a defective specification, which detect has arisen from inad- 
 vertence and mistake. He therefore prays that he may he allowed to 
 surrender, and he hereby does surrender ihe same, and requests that 
 DOW letters patent mny issue to him, for the same invention, for ihe 
 residue of ihe period fur which the original patent was granted, under 
 the amended specification herewith presenled ; he having paid llfieen 
 dollars into the treasury of the Uuiie<l States, agreeably '< 'he require- 
 ments of the act of Congress in lhal c;ue jn-ide and provided. A. B. 
 
 Form of Assignment of a Right in a Patent. 
 
 Whereas I, A. B., of . in the county of , and State of . 
 
 did obtain le'iers patent of the United Stales for certain iinp'ovements 
 
 in .which letters p.-itnnt bear dale the 1st day of May, 1851; and 
 
 whereas J. D.. of aforesaid, is desirous of acquiring ; >n interest 
 
 therein; NOW THIS INDKNTUKK \VITNESETH, that for and in consid- 
 eration of the sum of , to me in hand paid, the receipt of'which is 
 
 hereby acknowledged, I have assigned, sold, and set over, and do here- 
 by assign, sell, and set over, all the right, title, and interest which I
 
 PATENT FORMS. 
 
 73 
 
 have in the said invention, as secured to me by said letters patent, for 
 
 to, and in, the several Slates of , and in no other place or places 
 
 The same to he li-lil and enjoyed by the suid J. I), for his own use and 
 behoof, and for the use and behoof of his legal representatives, to the 
 full end of the term for which said letter* patent are or may be granted, 
 as fully -m<l entirely as the same would hiive been held and enjoyed bjr 
 me had this assignment and sale not have born made. 
 
 In testimony whereof, I have hereunto set my hand and affixed my 
 seal, this 1st dav of July, 1855. A. B. [L. s.] 
 
 Witnes-: C D , E F. 
 
 By the net of March , 19J8, the Commissioner of Patentsis directed to charge 
 the lees for recording assignments of patent license*, at lite folio wing rates, viz. 
 On nil assignments^ etc., which shall not contain over 300 words $1 00 
 On all assignments, etc., containing more than 300 and not more than 
 
 lOOOxvords 200 
 
 On all assignments containing more than 1000 words .300 
 
 Which fees me, in all cases, to br paid in advance. 
 
 Form of Disclaimer. 
 
 To the Commissioner of Patents. 
 
 The petition of A. B., of , in the county of ,and State of 
 
 , respectfully represents : 
 
 That he has, by assignment duly recorded in the Patent Office, he- 
 come the Owner of a right, for the several Stales of . to certain 
 
 improvements in , for which Idler* patent of the Until <l Stales 
 
 were granted lo J.I*, of .in the State of .dated on the 1st 
 
 day of May, 1851. That he has reason lo believe that, through inad- 
 vertence and mistake, the claim made in the specification r,f said letters 
 patent is loo broad including that of which tin: said patentee was not 
 the first inventor. Your peiiiioner. therefore, hereby enters his dis- 
 claimer to tli it purl of the cliiim in the aforenamed spcrificarnn. which 
 is in the following wo/ds. to wit : * * * * ; which disclaimer is 
 to operate to the extent of the interest in said letters patent vested in 
 your petitioner, who has paid ten dollars into the treasury of the United 
 Slates, agreeably to the requirements of the act of Congres-s in (hat 
 case nvide and provided. 
 
 Witness : C I) , E F . A. B. (i..s.) 
 
 When the disclaimer is mnde by the original patentee, it must, of . 
 course, be so worded us to express thnt fact. 
 
 Form of Caveat. 
 To the Commissioner ol Patents. 
 The petition of A B ,of ,in the county of , and State of , &c. 
 
 Thnt he has made certain improvements in the ; and that he is 
 
 now engaged in making experiments for the purpose of perfecting the 
 same, preparatory lo his applying for lettcis patent therefor. He there- 
 fore pcays that the siihjoineii. description of his invention may be filed 
 as a CAVE \T, in the confidential archives of the Piiirnt Office, agreeably 
 to ihc provisions of the act of Congress in thatcase made and provided, 
 lie having paid twenty dollars into the Treasury of the United Stales, 
 and otherwise complied wiih the requirements of the said act. A.B. 
 
 , March 1, 1855. 
 
 Here should follow a description of the general principle* of the invention 
 so far n* it has lieen completed 
 
 Ii U desirable that caveats should he explicit as lolhe chnrnrtermid ffnturr, 
 of i In- invention embrace suitable drawing* or akriche* ; and a nnUI if 
 convenient. The caveat fails of its purpose, when Ihe invention i* not explained. 
 
 DMA 7
 
 74 PATENT FORMS. 
 
 Form for addition of JVew Improvements. 
 
 To the Commissioner of Patents. 
 
 The petition of A. B., of , in the county of ,and State of , &c. 
 Thai your petitioner did obtain letters patent of the United States, 
 
 for an improvement in the , which letters patent are daled ou the 
 
 ; that he has. since that dale, made certain improvements on hi* 
 said invention; and that he is desirous of adding the subjoined descrip- 
 tion of his said improvement lo his original letters patent, agreeably to 
 the provisions of ihe acl of Congress in lhal case made and provided, he 
 having paid fifteen dollars into the Treasury of the United states, and 
 otherwise complied with the requirements of the said act. A. B. 
 
 form of Assignment before obtaining Letters Patent, and to be 
 recorded preparatory thereto. 
 
 Whereas I, A. B., of , in the county of , and State of , 
 
 have invented certain new and useful improvements in , for which 
 
 I am about lo make application for letters patent of the United States j 
 
 and whereas, J D., of , aforesaid, has agreed to purchase from me 
 
 all the right, title, and interest, which I have, or may have, in and to 
 the said invent ion, in consequence of the grant ol letters patent therefor, 
 
 and has paid to me, the said A. IJ., the sum of , the receipt of 
 
 which is iiereby acknowledged : Now this indenture witnesseih, that for 
 and in consideration of the said sum lo me paid, I have assigned and 
 transferred, and do hereby assign and transfer to the said J. I)., the full 
 and exclusive light to all ihe improvements made by me, as fully se t 
 . forth and described in the .specification which I have prepared and 
 executed preparatory to the obt, lining of letters patent therefor. And I 
 do hereby authorize and request the Coinmi.-si:ner of Parents to is>ue 
 the said letters patent to the said J. D., as the assignee of my whole 
 right and title thereto, for the sole use and behoof of the said J. D., and 
 his legal representatives. 
 
 In testimony whereof, &c. A. B. [L. s.} 
 
 Witness : C D . E F . 
 
 FEES PAYABLE AT THE PATENT OFFICE. 
 
 All fees must be paid in advance ihe amount fixed by law ; except in the 
 cnge of drawings, the expense of which will lie communicated on application 
 for the siiini 1 .. 
 
 Patent fee for n citizen of ihe U. S., or fur n foreigner who has re- 
 sided here one year, and made oath of his inieniiun of becoming a 
 
 citizen 30 00 
 
 For a subject of Great Britain 5IH) 00 
 
 All other foreigners . .... 900 00 
 
 Fr entering acancat . '. 20 00 
 
 For emering an npplieaiion for the decision of arbitrators, after notice 
 from Commissioner thni the invention is not new, or dial it interferes 
 
 with a -pending application 2500 
 
 For exiendintr n'pniem beyond the fourteen yenrs 40 00 
 
 For adclm? the specification of subsequent improvement . . 15 00 
 
 In cose of reissues, for every additional puieiit 3000 
 
 Fur surrender of uu old patent lo be reissued, lo correct a mistake of 
 
 the patentee ... 15 00 
 
 On application for a design ' . . * . . . . .1500 
 
 For. -i disclaimer . . 1000 
 
 For copie* <f patent*, or any other paper on file, fur each 100 words . 10 
 
 It is recommended to make a deponiie with ihe Assistant Treasurer, and 
 other officers authorized lo receive public moneys, of the fee fora piitent or 
 other implication, and to remit the certificate. Where this cannot be done 
 without much inconvenience, gold may be remitted by mail, at the risk ol the 
 applicant.
 
 EPITOME OF MENSURATION. 75 
 
 EXPLANATION OF THETSIGNS USED IN THIS WORK. 
 
 = Equal to, as 12 inches = 1 foot, or 6 X 6 = 4 X 9 = 36. 
 
 -f- Plus, or more, signifies addition ; thus, 4 -j- 2 denotes that 2 
 is to be added to 4. * 
 
 Minus, or less, denotes subtraction ; thus, 8 2=6. 
 
 X Multiplied by, or into, signifies multiplication ; as 7 X 9 =63. 
 
 -5- Divided by, signifies division ; as 117 -f- 9 = 13. 
 
 : : : : signifies Proportion; thus 4 : 6 : : 8: 12; and is read, as 
 4 is to 6 so is 8 to 12. 
 
 / indicates the square root ; as */25 = 5, because 5 X 8 = 25. 
 
 DECIMALS. 
 
 A Decimal Fraction is a frnciion whose denominator is 10, or 100, or 1009, 
 &c. The denominator of a dccimiil is never written ; the numerator is written 
 wiih a point (.) prefixed to it, and ihe denominator is understood to be a unit, 
 with as many ciphers annexed as the numerator has places of figures. Thus, 
 
 .5 is -&, .25 is rffr. .825 is ffifc. 
 
 Independent of the point (.) which distinguishes between integers and deci- 
 mals, the fundamental rules of Addition, Subtraction, Multiplication and Di- 
 vision nre the same as in simple a rilhjueiic. Ciphers placed on the right of 
 Decimals do not change their values; but placed on their left decrease their 
 value tenfold ; thus, 
 
 .1 is fa .01 is !$, .001 is TTT Vff- 
 
 In Adding and Subtracting Decimals keep the points under each other. 
 In Dividing Decimals, point off in the quotient as many places for decimate 
 as the decimal places in the dividend exceed those in Hie divisor ', thus, 
 
 20.5)20.500(1.00 
 
 If there be not figures enough in the quotient to point off, prefix ciphers. 
 
 In Multiplying Decimals point off as many figures in the product, from the 
 ri'^ht hand, accounted as decimals, as there are decimals in the multiplier 
 and multiplicand taken together ; thus, 
 
 15.32 X 2.4 = 3C.7C8. 
 
 Js by multiplying them by the next lower denomination. 
 
 (Sec Table of Decimals equivalent to the Fractional parts of a Gallon, Pound, 
 
 Reduce Decimal 
 J8ee Table of Dt 
 Foot, and Inch.] 
 
 EPITOME OF MENSURATION. 
 
 BOARD and PLANK are usually measured by the square or superficial foot of 
 144 inches. TON TIMBER is measured by the cubic foot of 1728 incite*. 
 
 40 cubic feet of round, or 50 fciet of kewit timber, equal I load, or ton. 
 
 To find the number of square (or superficial) feet multiply the length in inches 
 by the breadth in inch's, and divide by 144. Hut tfhtn all the dimensions are t'n 
 Jtet, multiply the length, infect by the breadth in. feet, omitting the dii-isor. 
 
 Example 1. How many square feet nre there in \\\clrft hand figure (sup- 
 pose it a Table, Slab of Marble, Brick Wall, Board, Plank, tfc.,) its length being 
 6 feet, and its breadth Ufeel? Ansiotr,G X G = 36 square feet. 
 
 Example 2. How many square feet are there in the right hand figure (sap- 
 

 
 76 EPITOME OF MENSURATION. 
 
 Eosing it a Board, Table, 4"c.,) its length being 4 feet and 5 inches, and its 
 readih (taken on the dotted line) 2 feet 3 inches. [ H hen either of the dimen- 
 sions are in feet and inches, both may be reduced to inches.] 
 
 4 feet 5 inches = 53 inches X 27 -r- 144 = 9'9 square feet. 
 2 feel 3 inche* = 27 inches. 
 
 TRIANGLE. If the figure bea triangle, of whatever form, multiply iheptr- 
 ptn'licaUtr, (the highest part,) by one half of the base, (the length.) 
 
 Example. The extreme length (or base) of the left hand figure under this 
 rule is 14 feet 7 inches; the breadth (or perpendicular) is 4 feet 2 inches. 
 What is its area? 
 
 1-1 feet 7 inehe3 = 175 inches -r- 2 =87-5 X 50^- 144 = 30-3 square feet. 
 4 feet 2 inches =50 inches. 
 
 LAND MEASURE. How many square feet ofland are there in a lot, which 
 is laid out in a right angled triangle( represented by the lefthand figure) the base 
 measuring 49 feet, and the perpendicular 30 feel. 
 
 49 X 30 = 1470 feet -f- 2 = 735 square feet. 
 
 BOARD MEASURE. BOARDS are measured by the square (or superficial) 
 feel, thus, Multiply the length of the board in feet by the width in inches and di- 
 vide the product by 12, 
 
 Hxample 1. How many square feet are there in a Board, or Plank, 18 feet 
 Jong by 10 inches wide ? 
 
 18 feel X 10 inches = 180 -=- 12 = 15 square feet. *** 
 
 ROLE When the Board, or Plank, tapers gradually add the width of the 
 two ends together, and one half their sum multiplied by the length, will give 
 the number of square feet. 
 
 Example 2. How many square feet are there in a Board 18 feet long, 13 in- 
 ches wide at one end and 17 inches at the other? (Average breadth 15 inches. 
 18 feet X 15 inches = 270 -7- 12 = 22J square feet. 
 
 TIMBER and PLANK. In measuring timber or plank which runs tapering, 
 both in width ami thickness, the common rule is, to add together the area of 
 the two ends, and one half of the sum multiplied by the length and divided by 
 144, will give the solid contents. This rule is not exact, but it is sufficient 
 where absolute accuracy is not required. 
 
 Example 1. Required the solidity of a tapering square stick of timber, the 
 largest end being 14 inches square, the lesser end 10 inches, and the length 40 
 feet. Answer, Contents by the common rule, 41-11 cubic feet. 
 14X14 = 196+100-7-2X40-=- 144=41-11 cubic feet. 
 10X10 = 100. 
 
 Another method to find the Solidity of a Frustrum. 
 
 RULE. The squares of the diameters of the. two pnds of the frustrum of a 
 Cone. :ul, led to the product of the two diameters, and that sum by its height ami 
 by -2GI8, the product is the number of cubic inches, which divided by 231 gives 
 the number of gallons 
 
 Examplf. Required the solid content, and gallons in a Coffee-pot, Pail, &c., 
 whose height i 18 inches, diameter at the top 6 inches, and diameter at the 
 bo Hum 9 inches. 
 
 6 s 4. 92 = 117 } = 1? 1 X 13 = 3078 X -2618 = 805-82 inches. 
 
 805 82 -f- 231 = 3-488 Gallons (or 3% gallons). 
 [See Table of Decimal! equivalent to fractional parti of a Gallon]. 
 
 ~' :i " - yp* 11 *
 
 EPITOME OF MENSURATION. 77 
 
 ROUND TIMBER. For round Timber add together the girth of the two end* 
 and divide the sum by 2, for the mean girth; then square (*) | of this quo- 
 tient, and multiply the product by the length, which gives the contents. 
 
 * [The square of any number is that number multiplied by itself. Thus: 
 2 X 2 = 4, = the square o/2 ; 4 X < = 10 the square of 4, Ifc.] 
 
 Example. The mean girth of a tree being 5 feet 8 inches, and its length 
 16 feet, required its cubical contents. 
 
 5 ft. 8 inches = 08 inches -;- 4 = 17 X 17 X 216 -* 1728 (*) =36-125 cubic feet 
 18 feet = 216 inches. 
 
 * Iff the measurements are reduced to inches, divide by 1728 ; but if one qftkt 
 measures is in feet, multiply the inches by feet, and divide the product by 144.] 
 
 The above rule gives the customary, but the true content is found by 
 squaring one filili ot the ginh. and multiplying by twice the length. 
 Example. The same as above, girth 5 feet 8 inches, length 18 feet. 
 Girth = 63 H- 5 = 13-6 X 13 6 X 36 -r- 144 = 46-24 cubic feet. 
 18 X 2 = 36 = twice the length. 
 
 CIRCLES. To find the area of a Circle multiply the square of the Diameter 
 by the Decimal -7854, and the Product will be the area. 
 Example. Required the area of a Circle whose diameter is 6 inches t 
 6 X 6 = 36 X -7854 = 28-274 Square Inches. 
 
 [Also, see table of" Areas of Circles."] 
 
 To find the circumference of a Circle from the diameter, multiply the diam- 
 ter by 3-1416 the product is the circumference ; and multiply the circumference 
 by -3JS31, and-the product is the diameter. 
 
 In the formation of a Hoop or Ring of Wrought Iron, the following is the rult 
 te determine the length of the Iron in an unbent state : If it is the interior di- 
 ameter of the hoop ih-.it is given, add the thickness of the iron ; but if the ex- 
 terior diameter, subtract from the given diameter the thickness of the iron, 
 multiply the sum or remainder, by 3-1416, and the product is tbe length of th 
 iron, in equal terms of unity. 
 
 Supposing the interior diameter of a hoop to be 32 inches, and the thick- 
 ness nt' ihe iron 1J, what must be the proper length of the iron, independent 
 of any allowance for shutting? 
 
 32 + 1-25 = 33-25 X 3-1416 = 104-458 inches. 
 
 Again, let it be required to form a hoop of iron 7-8 inch in thickness, and 
 16} inches outside diameter. 
 
 16-5 -875 = 15-625, or 1 foot 3 5-8 inches, 
 independent of any allowance for shutting. 
 
 CYLINDEES. To find the solidity of a cylinder, (a round Mick of 
 
 timber of uniform diameter, or a grindstone, &c.) multiply the area 
 of the base, (as in the above example,) by the length, and the pro- 
 duct will give the solid contents. 
 
 Example. Required the Solid Content of an Iron Roller, 2 feet 6 
 inches in diameter, and 12 feel in length ? 
 
 2 A. 6 in. = 30 in. x 30 x -7654 X 12 -r- 144 = 58-905 Cubic Feet. 
 
 WATKU TANKS, CISTERNS, and OIL CANS, &c. To find the capacity of 
 any Cylindrical Vessel, find its interior cubic content in inches, by the forego- 
 ing rules, then, if its capacity be required in gallons divide by 231, (the number 
 of cubic inches in a U. S. gallon.) 
 
 Example. Required the number of gallons in a Can, whose diameter ia 
 30 inches, and depth 50 inches ? 
 
 30 X 30 X '7854 X 50 -i- 231 = 153 gallons. 
 U.MA 7*
 
 78 MEASURES OF CAPACITY AND WEIGHT. 
 
 Or, if the inteiior diameter of the Can is 2* feet, and its depth 2J feet, then 
 2 25 X 2-25 X 2-5 X 5 868 = 74# gallons. 
 
 Or, if the diameter of a Tank is 62 inches, and its depth 100 inches, then 
 62 X 62 X iOO X '0034 = 1306-96 gallons. 
 
 Or, if the capacity of any vessel is required, from the size of a Gill to a 
 Water Tank, &c., see the Table " Area of Circles". 
 
 CUBIC, OR SOLID MEASURE. To find the Cubical Content in a Stick 
 of Timber, Block of Stone, Sox, Bin, &c. If all the Dimensions are in Feet, 
 multiply the Length by the Breadth, and this product by the Depth to obtain 
 the number of Cubic Keel. 
 
 If the Length is in Feet and the width and depth in Inches, multiply the 
 length by ilie width and this Product by the depth in inches, then divide the 
 last Product by 144 for the Cubic Feet. If all the Dimensions are in Feet and 
 Inches reduce the whole to Inches, then multiply the Length, Breadth and 
 Depth together, and divide the Product by 1728 to obtain the Cubic Fret. 
 
 Required the number of cubic feet in a box, stone, &c., 4} feet long, 2J feet 
 wide and 2 feet deep ? 
 
 4-5 X 2-5 X 2 = 22$ cubic feet. 
 
 To find the capacity of a bin, cistern, tanner's vat, &c., find its (interior) cu- 
 bic contents in inches by the preceding rules, then if the capacity be required 
 in gallons, divide the whole number of inches by 231 ; if in bushels, by 
 2150-42, or, if in heaped bushels, by 2747-70. 
 
 Or, if the interior of a coal bin be 4 feet in length, 41 inches in breadth, and 
 32 inches in depth ; then, 
 
 4 X 41 X 32 X '00694 = 36J cubic feet, = 2000 Ibs., or 1 ton of Beaver 
 Meadow or Lehigh Coal. 
 
 ] Cubic Foot of Peach Mountain Coal, broken and screened for Stoves, 
 weighs 54 pounds, and requires 37 cubic feet of space to stow one ton of 
 2000 pounds. 
 
 Coal is bought at wholesale at the rate of 2240 pounds to the ton, and soJd 
 at retail at the rate of 2000 pounds to the ton, screened. 
 
 Or, if the interior of a crib be 6 feet in length, 3J feet in breadth, and 3J 
 feet in depth ; then, 
 
 65 X 3-75 X 3-25 X '80356 = 63-6522 (or 63J bushels and J peck.) 
 The Solid Contents of all bodies, which are of uniform bigness throughout, 
 whatever may be the form of the ends is found by multiplying the area of one 
 end into its height or length. 
 
 144 inches equal ( = ) 1 square foot, (or, area.) 
 1728 inches equal ( = ) 1 cubic foot, (or, solid contents.) 
 
 MEASURES OF ^CAPACITY AND WEIGHT. 
 
 MEASURES OF WEIGHT Avoiriiupoif : 16 drams equal 1 ounce; 1<J 
 ounces 1 pound ; 112 pounds one hundred weight ; 20 hundred weight 
 1 ton. Troy ; 4 grains equal 1 carat ; 24 grains 1 pennyweight ; 20 pen- 
 nyweights 1 ounce ; 12 ounces 1 pound. Apothecaries: 20 grains equal 
 1 scruple O); 3 scruples 1 dram ( j); S drams 1 ounce ( 5 ); 12oz.l(lb) Ib. 
 
 MKASURBS or SURFACE, OR SQUARE MEASURE. 144 square inches = 1 
 quare foot ; 9 square feet =1 square yard; 30| square yards = 1 square 
 rod, or pole ; 40 square rods = 1 square rood ; 4 square roods = 1 square acre, 
 (or 43.560 feet ;) 640 square acres = 1 square mile. 
 
 MEASURES OF CAPACITY (DRY.) 2150-42 cubic inches = 1 United States 
 (or Winchester) bushel ; the dimensions of which are 18| inches diameter in- 
 side, 19$ inches outside, and 8 inches deep ; 2747.70 cubic inches = 1 heaped 
 bushel, the cone of which must not be less than 6 inches high. 2211.84 cubic 
 inches = 1 New York statute bushel ; 1 Imperial (British) bushel = 2218.192 
 cubic inches, and contains feO Ibs. of distilled water; the same in Ohio, 
 1 quarter of wheat = 8 bushels English, 8| U. State*.
 
 MEASURES OF CAPACITY AND WEIGHT. 79 
 
 MEASURES OF LENGTH : 16J feet equal 1 rod or pole ; 40 rods, 1 furlong; 
 8 furlongs, (or 5280 fen,) 1 mile; 00 geo. miles = 1 degree ROPES AND 
 CABLES : U feeiare equal in 1 fathom ; 120 fathoms, to 1 cable's length. 
 
 FRENCH MEASURES OF FREQUENT REFERENCE, COMPARED WITH U. S. 
 
 Weight of a Bushel of various Articles. I Bushel of Potaloes, (common,) 
 MponiMte; 1 do. Potatoes, (sweet,) 56; 1 do. Corn, 56 ; Ido Hemp, 48 , Ido. 
 Wheat. GO; Ido. Barley 48; 1 do. Oats, 32; Ido. Rye, 56 ; 1 do. Timothy 
 Seed, 45 ; ] do Beans, 60 ; 1 do. Pease, 60 ; 1 do Clover Seed, 60 ; 1 do. Buck- 
 wheat, 48; 1 do. Castor Oil Beans 60; Ido Dried Apples, 23 ; 1 do. Dried 
 Peaches, 23; Ido. Blue Grass Seed, 14; 1 do. Red Top, 11. Many of the 
 Slates regulate the weight of a bushel ol various articles, by Statute; and in 
 gome cases it varies from the above. The weight of Seed also depends on 
 the dryness of the article. 
 
 One Bushel of Bituminous Coal in the Western States = 2083 cubic inches 
 = 76 pounds. Stone Coal, in Illinois, 80 lb*. to the bushel. 
 
 Gallons. The U. S. standard gallon contains 8-3389 avoirdupois pounds, or 
 58372.1754 troy grains of distilled water, at 39-83 u Fahrenheit, the barometer 
 at 30 inches ; 1 gallon of ale weighs 10-5 IDS.; 1 Imperial (British) gallon 
 weighs 10 Ibs. ; 1 trallon of Sperm Oil weighs 7^ Ibs. ; 1 do. of Linseed 7j lb*. : 
 1 do. of Olive 71 Ibc. ; 1 do. of Whale 7 ll>. 11 ozs. ; 1 do. of Proof Spirits 
 7 Ibs. 15 ozs. , 1 do. Spirits of Turpentine 7 Ibs. 5 ozs. 
 
 NUMBER OF CUBIC FEET iN A TDK (2240 Ibs.) OF VARIOUS BODIES : Mar- 
 ble, 15-07 ; Granite, 16. ---- - " ----- -*~* -_._ ---- ..~, 
 
 235; 
 Be 
 
 WEIGHT OF VARIOUS SUBSTANCES: Its. Avoirdupois. 1 cubic foot of 
 bricks weighs 124 pounds ; 1 do. of clay. 130 ; ] do. of sand, or loose earth, 
 95; Ido. of common soil, 124 ; 1 do. of cork, 15 : 1 do. of clay and stones, 160 ; 
 1 do. of Marble, 171 ; 1 do. of Granite, 165 , 1 do. of Cast Iron, 450-55 ; 1 do. of 
 Wrought Iron, 486-65 ; Ido. of Steel, 489-8; Ido. Copper, 555; 1 do. Lead, 
 708-75 ; 1 do. Brass, 534-75 ; 1 do. Tin, 436 : 1 do. White Pine, 29-56 ; I do. 
 Pilch Pine, 41-8; Ido. Red Pine, 41-5; Ido. Elm, 34-9 ; 1 do. English Oak. 
 60-4; do do. 58-6; 1 do. Canadian, 54 8 ; Ido. New England Fir, 34-9; 1 
 do. Sea Water, 64-3; 1 do. Fresh. 62-5.; Ido. Air, -07529; Ido. Steam, 
 03089. 
 
 Weight of a Cubic Inchin Pounds. Of Lead -410 Ib. ; Sheet Copper -323 ; 
 Sheet Brass -304 ; Sheet Iron -279 ; Cast Iron -263 ; Cast Tin -264 ; Cast ; 
 Zinc -245; Platinum, rolled, -797 ; do. wire, -762: do. hammeicd, '735; do. 
 puiified, -705: do. crude, grains, -566; Gold, hammered, -701 ; do. pure cast, 
 693; do. 20 carats fine, -567; Silver, hammered, -332; do. pure, -378; 
 Cast Steel, -237; do. common soft, -284 ; do. hard and tempered, 262 ; Iron, 
 bar, -231 ; do. cast, -261 ; do hammered, -231.
 
 80 
 
 DECIMALS FOR FACILITATING CALCULATIONS. 
 
 MULTIPLIERS FOR FACILITATING CALCULATIONS; 
 The product multiplied by the Decimals in the Table, is an approxima- 
 tion to the Capacity in Gallons, Weight in Pounds, Bushels, Square 
 Feet, Cubic Feet, Miles, and Yards. 
 
 Lineal feet multiplied by .00019 equal miles. 
 
 " yards " .000368 " " 
 
 Square inches " .007 " square feet. 
 
 " yards " .(KHI20G7 " acres 
 
 Circular inches " .005J6 
 
 square feet. 
 
 Cylindrical inches " .0004516 
 
 cubic feet. 
 
 " feet " .02909 
 
 cubic yards. 
 
 Cubic inches " .00058 
 
 cubic feel. 
 
 " feet .0)701 
 
 pubic yards. 
 
 Cubic feet " 7 477 
 
 United .Slates gallons. 
 
 " inches 0.433 
 
 it ii it 
 
 Cylindrical feet ' 5.868 
 
 ii ii u 
 
 " inches .0034 
 
 u ii u 
 
 Cubic feet ' 6.232 
 
 Imperial gallons, 
 
 " inches ' .003607 
 
 K ii 
 
 Cylindrical feet ' 4.895 
 
 ii K 
 
 " inches .002832 
 
 u u 
 
 Cubic feet 
 
 .80356 
 
 United States bushels. 
 
 " inches 
 
 .0405 
 
 ii ii u 
 
 K <t 
 
 Cylindrical feet 
 
 .779 
 .6312 
 
 Imperial " 
 United States bushels. 
 
 " " 
 
 .61183 
 
 Imperial " 
 
 Cubic inches 
 
 .263 
 
 Ibs. avs. of cast iron. 
 
 i> (i 
 
 .281 
 
 " wrought " 
 
 it (i 
 
 .283 
 
 " steel. 
 
 Cl II 
 
 .3225 
 
 " copper. 
 
 u t. 
 
 .3037 
 
 " brass. 
 
 ll U 
 
 .26 
 
 " zinc. 
 
 U II 
 
 .4103 
 
 " lead. 
 
 II II 
 
 .2636 
 
 " tin. 
 
 1 ll 
 
 4908 
 
 " mercury. 
 
 1 II 
 
 .0356 
 
 " ice. 
 
 1 II 
 
 .036 * 
 
 " fresh water. 
 
 1 II 
 
 .037 
 
 u sail water. 
 
 1 II 
 
 .OJ3 
 
 " oil. 
 
 Cylindrical inches 
 
 .2065 
 .2168 
 
 ' cast iron. 
 1 wrought iron. 
 
 i 
 
 .2223 
 
 ' steel. 
 
 < 
 
 ' .2533 
 
 ' copper. 
 
 i 
 
 .2395 
 
 ' brass. 
 
 i 
 
 .2042 
 
 < zinc. 
 
 u 
 
 .3223 
 
 < lead. 
 
 ii 
 
 .207 
 
 < tin. 
 
 u 
 
 .3854 
 
 " mercury. 
 
 ii 
 
 .283 
 
 " fresh water. 
 
 ii 
 
 .029 
 
 " salt water. 
 
 ii 
 
 .026 
 
 oil. 
 
 Avoirdupois Ibs. 
 
 .009 
 
 cxvts. 
 
 ii ii 
 
 .00045 
 
 tons. 
 
 Example 1. Required the number of Gallons contained in a Ship's Water 
 Tank, whose interior diameter is 4] feet, and depth 18 feet. 
 4.5 X 4.5 X 18 X 5.868 = 2141.4 Gallons. 
 
 Example 2. Required the weight of a Cast Iron Cylinder whose diameter 
 is 5 inches, and length 6 feet. 
 
 5 X 5 X 72 X -2065 = 371.7 Pounds. 
 
 Example 3. Required the number of bushels in a bin, whose interior 
 length is 10 feet, breadth 6 feel, and depth 4 leet. 
 
 10 X 6 X 4 X -S0356 = 192.8 Bushels.
 
 SQUARE FEET MEASUREMENT. 81 
 
 READY RECKONER, 
 
 OR THE 
 
 MEASURER'S COMPLETE GUIDE. 
 
 BOARD, PLANK, SCANTLING, TIMBER, LOG 
 TABLES, &c., die. 
 
 For ascertaining (in an expeditious manner) the Number of SQUARE 
 Feet in BOARDS, PLANKS, PAVKMENTS, PLASTERING, FLOORING, 
 &c. and the CUBICAL FKET, or SOLID Content, in TIAIBER, TREES, 
 HEWN TIMBKR, STONE, BOXES, and PACKAGES, &c. 
 
 RULE. In multiplying Decimals, point off as many righthand figures 
 in the product as there are decimal figures in the multiplicand ; the figures 
 on the left hand give the number of feet, those on the right (he decimal 
 parts of a foot. (See Examples ) Decimals signify tenths: thus, tin: deci- 
 mal of a foot is the tenth part of a foot, the decimal of lh:it tenth is the hun- 
 dredth of a foot, ind the decimal of that hundredth the thousandth: [See 
 Table of Decimals equivalent to the Fractional parts of a Foot]. 
 
 The last two figures of the Decimals, (when the length of the article 
 consists of but a few feet) may be dropped, and the remaining figures only 
 multiplied. 
 
 TABLE OF SUPERFICIAL, OR, FLAT MEASURE, 
 
 By which the Content in SUPERFICIAL FEET, of Boards, Plank, 
 Paving, SfC.,ofanu LENGTH and BREADTH can be obtained, by mul- 
 tiplying the decimal expressed in the table by the length of the board, HfC, 
 
 Breadth Area of a 
 in inches lineal foot. 
 
 Breadth lArca of a 
 in inches. |lineal foot. 
 
 Breadth Area of a Breadth Area of a 
 in inches, lineal foot, in inches, lineal foot. 
 
 i .0208 
 4 .0417 
 
 3$ .2708 
 ::.A .2916 
 
 64. .5208 
 64 .5416 
 
 94, .7708 
 94 .7917 
 
 | .0625 
 
 3| .3125 
 
 61 -5625 
 
 9| .8125 
 
 1 .0834 
 
 4 .3334 
 
 7 .5833 
 
 10 .8334 
 
 li .1042 
 
 4i .3542 
 
 7i .6042 
 
 104. .8542 
 
 1A .125 
 
 44 .375 
 
 74 .625 
 
 104 .875 
 
 11 .1459 
 
 4| .3958 
 
 7| .6458 
 
 101 .8959 
 
 2 .1667 
 
 5 .4167 
 
 8 .6667 
 
 11 .9167 
 
 2J .1875 
 JA .2084 
 
 SJ .4375 
 54 .45S3 
 
 84 .6875 
 84 .7084 
 
 114. .9375 
 114 .9583 
 
 2} .2292 
 
 Sf .4792 
 
 8| .7292 
 
 111 .9792 
 
 3 .25 
 
 6 .5 
 
 9 .75 
 
 12 1.0000 
 
 Example I. Required the number of square -1667 ...Multiplicand 
 
 feei in a strip of board 10 leet long by 2 inches 10 ...Multiplier. 
 
 wide ? 
 
 Opposite 2 is -16<57 which multiplied by(x) 
 10 equals (=) 1 fool 8 inches. 
 
 Einmple'2. Required the number of square 
 feel in a hoard or plunk. 41 (ect long by 24] 
 inches wide ? Onposile ' U -0625, to which ~>, 
 
 add -2 > the left of ihc decimal for leet (irhrn O o< 
 
 the width of the board exceeds \\\ inches, add 1 
 to the left of the decimal for tack foot) : then 
 *OGsJ5 x 41 feet = 84 feet 7 inches. 
 
 1-6C70 ...Product. 
 
 2-0625 
 
 1L 
 
 20625 
 82500 
 
 W5WIS, AM. 35 feet.
 
 82 
 
 ROUND TIMBER MEASUREMENT. 
 
 Example!}. The pavement of a side-walk 
 is 40 feet Icing by feel 6J inches wide ; re- 
 quired the number of square feel. Opposite 
 <ij is -5416. to which add 6 for feel : t/jen, 0-5116 
 X 40 = 201 feet 8 inches. 
 
 Example 4. A room measures 16 feet by 15 
 feet 3| inches, how many square feet of floor- 
 ing; doe* it contain. Opposite 3} is -2910, to 
 which iidd 15 for feet; then, 15-2916 X 16 244 
 feet 8 inches. 
 
 'If yards are required divide the Product 
 by 9. 
 
 Examples. Required the number of square 
 feet in a board 14 feel lone 15 inches wide at 
 one end and 9 at the other? (add logelher the 
 width of the two ends and divide by 2=12 
 inches, mean width.) Opposite 12 is 1- X 14 
 = 14 feet. 
 
 It is customary, in measuring boards, &c., to count as nothing all fractions 
 under 6 inches, and to count as one foot 6 inches and all fractions over. 
 
 ROUND AND EQUAL-SIDED TIMBER MEASURE. 
 
 Table for ascertaining the number of Cubical Feet, or Solid Contents, 
 in a Stick of Round at Equal-sided Timber, Tree, SfC. 
 
 [6-5416 
 
 40 
 
 261-6640 Ans.ZWfett. 
 
 15-2916 
 _^ 16 
 
 917490 
 152916 
 
 244-6656 Ans. 245 feet. 
 
 _ 
 
 14- Ans. It feet. 
 
 I Girt 
 
 Area .} Girt 
 
 Area 
 
 1 Girt \Area 
 
 1 Gi 
 
 rt Area 
 
 1 G,n 
 
 Area 
 
 in 
 
 in 
 
 in 
 
 in 
 
 in 
 
 ^n 
 
 in 
 
 in 
 
 in 
 
 in 
 
 Inches. 
 
 Feet. 
 
 Indies. 
 
 Feet. 
 
 Inches. 
 
 Ftet. 
 
 Incht 
 
 s. Feet. 
 
 Inches. 
 
 Feet. 
 
 6 
 
 25 
 
 10J 
 
 803 
 
 15 i 
 
 1-66S 
 
 20 
 
 2-898 
 
 25 4-34 
 
 61 
 
 272 
 
 11 
 
 84 
 
 15} 
 
 1-722 
 
 20; 
 
 2-917 
 
 251 
 
 1-428 
 
 64 
 
 294 
 
 111 
 
 878 
 
 16 
 
 1-777 
 
 20' 
 
 2-99 
 
 251 4-516 
 
 6} 
 
 317 
 
 111 
 
 918 
 
 161 
 
 1-833 
 
 21 
 
 3-062 
 
 253 t 
 
 1-605 
 
 7 
 
 34 
 
 11} 
 
 959 
 
 161 
 
 1-89 
 
 211 
 
 3-136 
 
 26 4-694 
 
 71 
 
 364 
 
 12 
 
 1- 
 
 10} 
 
 1-948 
 
 211 
 
 3-209 
 
 261 ' 
 
 17&5 
 
 7} 
 
 39 
 
 121 
 
 1-042 
 
 17 
 
 2-006 
 
 21} 
 
 3-285 
 
 261 4-876 
 
 7} 
 
 417 
 
 12} 
 
 1-PS5 
 
 171 
 
 2-060 
 
 22 
 
 3-362 
 
 26} 4-909 
 
 8 
 
 444 
 
 19] 
 
 1-129 
 
 17A 
 
 2-126 
 
 221 
 
 3-438 
 
 27 I 
 
 i-002 
 
 81 
 
 472 
 
 13 
 
 1-174 
 
 17} 
 
 2-187 
 
 221 
 
 3-516 
 
 271 i 
 
 i-158 
 
 81 
 
 501 
 
 131 
 
 1-219 
 
 18 
 
 2-25 
 
 22} 
 
 3-598 
 
 271 5-252 
 
 8} 
 
 531 
 
 13 i 
 
 1-265 
 
 181 
 
 2313 
 
 2:3 
 
 3-673 
 
 27} 5-348 
 
 9 
 
 562 
 
 13} 
 
 1-313 
 
 181 
 
 2-376 
 
 231 
 
 3-754 
 
 28 
 
 rill 
 
 91 
 
 594 
 
 14 
 
 1-361 
 
 18} 
 
 2-442 
 
 231 
 
 3-835 
 
 281 5.542 
 
 M 
 
 620 
 
 141 
 
 1-41 
 
 19 
 
 2-500 
 
 23} 
 
 3-917 
 
 281 t 
 
 i-64 
 
 9} 
 
 659 
 
 141 
 
 1-46 
 
 191 2.574 
 
 24 
 
 4- 
 
 28} 5-74 
 
 10 
 
 694 
 
 14} 
 
 1-511 
 
 191 
 
 2-04 
 
 241 
 
 4-084 
 
 29 
 
 5-84 
 
 101 
 
 73 
 
 15 
 
 1-562 
 
 19j 2-709 
 
 241 
 
 4-168 
 
 291 5-941 
 
 lof 
 
 700 
 
 151 
 
 1-015 
 
 20 2-777 24} 
 
 4-254 
 
 29} 6.044 
 
 ROLK. Multiply the nrea in Feet, corresponding to the'! >h G' rt < n y 'he 
 length of the slick of Timber, and the product is the solidity in feet and deci- 
 mal parts of afoot. 
 
 1-361 
 
 Example 1. A stick of Timber is 18 feet 18 
 
 Jong and 56 inches sin, how many cubic feet 10888 
 
 does it contain ? Opposite 14 is 1-361 which 
 X 18 = 24 feel 6 inches. 
 
 24-498 Ans. 24} feet. 
 
 ROLE. If a tree, or limber, is tapering, girt it about one-third of ihe way 
 from the butt to the top-, or add together the area at the two ends, and 
 divide the sum by 2. to obtain Ihe mean girth ; or tiike the girth of the tree at 
 equal distances from each other, add all the girths together, and divide the 
 sum by ihi* number, for the mean girth. 
 
 It is usual to allow, on account of the bark, in oak 1-lOih or l-12th part of 
 the circumference, beech, ash, &c., should be less.
 
 TIMBER AND STONE MEASUREMENT. 
 
 TABLE, SHOWING THE SOLID CONTENTS IN TIMBER, 
 BOXES, PACKAGES, &c. 
 
 RPLK TO FIND SOLID (OR CoBic) FBET. If all the dime nsions arp in Pert innlii- 
 
 ey the length by the witltk and lliis product by (lie rlr/>t/i. If all ihe Dimeni<>n.i are 
 feet and incites, reduce the whole to inches, und multiply the length, bretullk uud 
 drpik together, nnd divide the pniduct l>y 1723, to nhiuin cunic feet. 
 
 Tho Width and Thickness of the Timber or Package is given in the top lines of 
 the Tables. The column on the left contains, first, the length in feet, nnd below the 
 length in inches. If the length of the Timber or Package is in Feet and Inches, add 
 the Feet and Inches together. 
 
 If a Timber or P.icknge be of larger Thickness or Breadth than is contained in the 
 Tables, add two numbers together, or double a number. 
 
 If the Length of the Timber is not continued in the Table, take twice some length, 
 or add two lengths together. Suppose a Timber is 5 by 6 inches, and 22 feet lung, 
 take twice 11, and you have 4 feet 9 inches. 
 
 L'n ? 
 
 5 Inches Thick by 
 
 6 Inches Thick by 
 
 / 
 
 in 
 
 6 B 7 B, 8 B 
 
 9 B 10 II 
 
 11 B 
 
 12 B 
 
 B 
 
 7 B 
 
 8 B 
 
 9 BIO i: 11 IM2 B 
 
 1 
 
 
 
 0303 
 
 3 
 
 4 
 
 4 
 
 5 
 
 5 
 
 0304 
 
 4 
 
 5 
 
 0500 
 
 G 
 
 A 
 
 
 
 o s! o a 
 
 7 
 
 8 
 
 8 
 
 9 
 
 10 
 
 G 
 
 7 
 
 8 
 
 9 
 
 10 
 
 Oil 
 
 1 
 
 :! 
 
 
 
 0809 
 
 10 
 
 Oil 
 
 1 1 
 
 1 2 
 
 1 3 
 
 9 
 
 11 
 
 1 
 
 1 2 
 
 1 3 
 
 1 5 
 
 1 G 
 
 4 
 
 
 
 10 1 
 
 1 1 
 
 1 3 
 
 1 5 
 
 1 
 
 1 8 
 
 1 
 
 1 2 
 
 1 4 
 
 1 G 
 
 1 8 
 
 110 
 
 2 
 
 B 
 
 
 
 1 1 
 
 1 3 
 
 1 
 
 1 7 
 
 1 9 
 
 1 11 
 
 2 1 
 
 1 3 
 
 1 6 
 
 1 S 
 
 111 
 
 2 1 
 
 2 4 
 
 J G 
 
 
 
 
 
 1 3 
 
 1 
 
 1 8 
 
 1 11 
 
 2 1 
 
 2 4 
 
 2 
 
 1 G 
 
 1 9 
 
 2 
 
 2 3 
 
 2 G 
 
 2 9 
 
 3 
 
 7 
 
 
 
 1018 
 
 1 11 
 
 2 2 
 
 2 5 
 
 2 8 
 
 2 11 
 
 1 9 
 
 54 1 
 
 2 4 
 
 2 8 
 
 211 
 
 3 3 
 
 3 G 
 
 8 
 
 
 
 1 3 1 11 
 
 2 3 
 
 2 
 
 2 9 
 
 3 1 
 
 3 4 
 
 2024 
 
 2 8 
 
 3 
 
 3 4 
 
 3 8 
 
 4 
 
 9 
 
 
 
 1 111 2 2 
 
 2 
 
 2 10 
 
 3 2 
 
 3 5 
 
 3 9 
 
 2328 
 
 3 
 
 3 5 
 
 3 9 
 
 4 2 
 
 4 6 
 
 10 
 
 
 
 2 1 
 
 2 5 
 
 2 9 
 
 3 2 
 
 3 
 
 3 10 
 
 4 2 
 
 2 
 
 211 
 
 3 4 
 
 3 9 
 
 4 2 
 
 4 7 
 
 5 
 
 11 
 
 
 
 2 4 
 
 2 8 
 
 3 1 
 
 3 5 
 
 3 10 
 
 4 2 
 
 4 7 
 
 2 9 
 
 3 3 
 
 3 8 
 
 4 2 
 
 4 7 
 
 5 1 
 
 5 
 
 13 
 
 
 
 2 211 
 
 3 4 
 
 3 9 
 
 4 2 
 
 4 7 
 
 5 
 
 3 
 
 3 
 
 4 
 
 4 6 
 
 5 
 
 5 6 
 
 
 
 13- 
 
 2932 
 
 3 7 
 
 4 1 
 
 4 G 
 
 5 
 
 5 5 
 
 3 3 
 
 310 
 
 4 4 
 
 4 11 
 
 5 5 
 
 G 
 
 G 
 
 14 
 
 211 
 
 3 5 
 
 3 '1 
 
 4 5 
 
 4 10 
 
 5 4 
 
 5 10 
 
 3 G 
 
 4 1 
 
 4 8 
 
 5 3 
 
 511) 
 
 5 
 
 7 
 
 15 
 
 
 
 3238 
 
 4 2 
 
 4 8 
 
 5 3 
 
 5 9 
 
 3 
 
 3945 
 
 5 
 
 5 8 
 
 3 
 
 Oil 
 
 7 G 
 
 M 
 
 __ 
 
 4 -'lit' 
 
 5 7 
 
 3 
 
 Oil 
 
 7 8 
 
 8 4 
 
 5 510 
 
 G 8 
 
 7 0! 8 4 
 
 9 2 
 
 10 
 
 MS 
 
 
 
 5361 
 
 11 
 
 710 
 
 8 8 
 
 9 710 5 
 
 3 
 
 7 4 
 
 3 4 
 
 9 510 511 G!l2 6 
 
 M 
 
 
 
 0374 
 
 8 4 
 
 9 5 10 5 11 6 12 
 
 7 G 
 
 8 9 10 
 
 It 3 
 
 12 013 9il5 
 
 M 
 
 
 
 7 O 1 8 9 
 
 10 
 
 11 3 12 13 9,15 
 
 9 n in 012 
 
 13 
 
 15 10 6 IS 
 
 _ 
 
 ~~ii o 6 ~o~o 
 
 1T~6 
 
 
 
 000000 
 
 "F~OI 
 
 
 
 
 
 0~T> 
 
 
 
 1 
 
 
 
 20000 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 301 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 2 
 
 -001010202 
 
 020203 
 
 2 2 -> 
 
 2 
 
 030303 
 
 L-n? 
 
 7 Inches Thick by 
 
 8 Jnr'ies Thick by 
 
 ft. in 
 
 7 B 
 
 8 B B 
 
 10 B 
 
 11 B 12 B13 B 
 
 8 B 
 
 9 1! in B 11 B 12 U 
 
 13 B 
 
 14 B 
 
 ~T 
 
 4 
 
 TT~5 T~5 T~b 
 
 TTe 
 
 7 
 
 8 
 
 0~5 
 
 0~6 
 
 7 
 
 0708 
 
 "6~9 
 
 9 
 
 2 
 
 8 
 
 9! Oil 
 
 1 
 
 1 1 
 
 1 2 
 
 1 3 
 
 Oil 
 
 1 
 
 1 1 
 
 1 3 
 
 1 4 
 
 1 5 
 
 1 7 
 
 3- 
 
 1 
 
 1214 
 
 1 
 
 1 7 
 
 1 9 
 
 111 
 
 1 4 
 
 1 G 
 
 1 8 
 
 110 
 
 2 
 
 2 2 
 
 2 4 
 
 4 
 
 
 
 1 4 
 
 1710 
 
 111 
 
 2 2 
 
 2 4 
 
 2 G 
 
 1 9 
 
 2 
 
 2 3 
 
 2 5 
 
 2 8 
 
 til 
 
 3 1 
 
 5 
 
 
 
 1 8 
 
 1 11 2 2 
 
 2 5 
 
 2 8 
 
 211 
 
 3 2 
 
 2 3 
 
 2 G 
 
 2 9 
 
 3 1 
 
 3 4 
 
 3 7 
 
 311 
 
 6 
 
 2 1 
 
 2428 
 
 211 
 
 3 3 
 
 3 
 
 310 
 
 2 8 
 
 3 
 
 3 4 
 
 3 8 
 
 4 
 
 4 4 
 
 4 8 
 
 7 
 
 
 
 2 5 
 
 2 9 
 
 3 1 
 
 3 5 
 
 3 9 
 
 4 1 
 
 4 5 
 
 3 1 
 
 3 G 
 
 311 
 
 4 3 
 
 4 8 
 
 5 1 
 
 5 5 
 
 S 
 
 2 9 
 
 3 1 
 
 3 
 
 311 
 
 4 3 
 
 4 8 
 
 5 1 
 
 3 7 
 
 4 
 
 4 5 
 
 411 
 
 5 -1 
 
 5 9 
 
 G 3 
 
 9 
 
 3 1 
 
 3 
 
 311 
 
 4 5 
 
 4 10 
 
 5 3 
 
 5 8 
 
 4 
 
 4 6 
 
 5 (1 
 
 5 6 
 
 1) 
 
 G 6 
 
 7 
 
 10 
 
 3 5 
 
 3 11 
 
 4 5 
 
 410 
 
 5 4 
 
 510 
 
 G 4 
 
 4 5 
 
 5 
 
 5 7 
 
 1 
 
 G 8 
 
 1 3 
 
 7 9 
 
 11 
 
 3 9 
 
 4 3 
 
 410 
 
 5 4 
 
 511 
 
 5 
 
 11 
 
 411 
 
 5 
 
 1 
 
 9 
 
 7 4 
 
 7 II 
 
 3 7 
 
 12 
 
 4 1 
 
 4 8 
 
 5 3 
 
 510 
 
 5 
 
 7 
 
 7 7 
 
 5 4 
 
 
 
 8 
 
 7 4 
 
 8 
 
 8 8 
 
 9 4 
 
 IS- 
 
 4 5 
 
 5 1 
 
 5 8 
 
 4 
 
 11 
 
 7 7 
 
 S 3 
 
 5 9 
 
 
 
 7 3 
 
 7 11 
 
 8 8 
 
 510 1 
 
 M- 
 
 4 9 
 
 5562 
 
 010 
 
 7 6 
 
 8 2 
 
 810 
 
 6 3 
 
 7 
 
 7 9 
 
 8 7 
 
 9 4 in lIlOII 
 
 IS 
 
 20 
 
 5 1 
 
 010 
 
 5 10 6 7 
 7989 
 
 7 4 
 9 9 
 
 8 
 10 8 
 
 8 9 
 11 8 
 
 9 
 
 I-' 8 
 
 S 
 811 
 
 7 G 
 10 
 
 8 4 
 11 1 
 
 9 2 to Olid IOJ11 8 
 12 313 4114 5J5 7 
 
 25 
 
 8 9 V 10 11 
 
 12 2 
 
 13 4 
 
 14 7 
 
 1510 
 
 11 1 12 0:13 11 15 3 10 818 1 
 
 1!) 5 
 
 30 311 813 214 7 
 
 16 1 
 
 17 
 
 in o 
 
 3 415 010 8 
 
 18 4 
 
 20 021 8> 4 
 
 3012 314 015 9 
 
 17 
 
 10 3 
 
 21 
 
 & 9 
 
 16 018 020 H22 O'-M 020 02? 
 
 1 
 
 
 
 
 
 1 
 
 1 
 
 1 
 
 o~o~6~i 
 
 0*1 
 
 1 
 
 010101 
 
 2 
 
 1 
 
 0101 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 U 1 
 
 1 
 
 010102 
 
 1 3 
 
 1 
 
 0101 
 
 1 
 
 2 
 
 2 
 
 2 
 
 1 
 
 2 
 
 2 
 
 2 
 
 o o a o 2 
 
 
 
 02020303030404 
 
 030303 
 
 4 
 
 4 1 4' 5
 
 84 
 
 TIMBER AND STONE MEASUREMENT. 
 
 It Timber be LOITOIR than ii contained In the Tables, tike 
 LENGTHS together. If the Timber is ifi feet long, add the f 
 
 twice some 
 
 L'n? 9 Inches Thick by 
 
 10 Inches Thick by 
 
 Ham 
 
 9 BIO B 11 B12 B13 BUB 
 
 15 B 
 
 10 B 
 
 11 B 
 
 12 B 13 B 
 
 14 B 15 B 
 
 16 B 
 
 I 
 
 
 
 ~0~~7 ~6~~8 8 "b~~9 ITlO 
 
 Oil 
 
 "oTi 
 
 T~8 
 
 6~9 
 
 olo! o 11 
 
 1 
 
 1 1 
 
 I 1 
 
 2 
 
 
 
 121315 
 
 1 6 
 
 1 8 
 
 1 9 
 
 111 
 
 1 5 
 
 1 6 
 
 1 8 
 
 110 
 
 111 
 
 2 1 
 
 2 3 
 
 3 
 
 
 
 1 8 1 11! 2 1 
 
 2 3 
 
 2 5 
 
 2 8 
 
 2 10 
 
 2 1 
 
 2 4 
 
 2 6 
 
 2 9 
 
 211 
 
 3 2 
 
 3 4 
 
 4 
 
 
 
 232629 
 
 3 
 
 3 3 
 
 3 6 
 
 3 9 
 
 2 9 
 
 3 1 
 
 3 4 
 
 3 7 
 
 3 11 
 
 4 2 
 
 4 5 
 
 5 
 
 
 
 2 10, 3 2 3 5 
 
 3 9 
 
 4 1 
 
 4 5 
 
 4 8 
 
 3 6 
 
 310 
 
 4 2 
 
 4 G 
 
 410 
 
 5 3 
 
 5 7 
 
 G 
 
 
 
 35394246 
 
 411 
 
 5 3 
 
 5 8 
 
 4 2 
 
 4 7 
 
 5 
 
 5 5 
 
 5 10 
 
 6 3 
 
 6 8 
 
 7 
 
 
 
 311 
 
 4 5 4 10 5 3 
 
 5 8 
 
 6 2 
 
 6 7 
 
 4 10 
 
 5 4 
 
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 TIMBER, BOX, PACKAGE AND STONE MEASUREMENT. 
 
 85 
 
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 86 
 
 PLANK MEASURE. 
 
 PLANK AND SCANTLING MEASURE. 
 
 If a Plank be longer lhan is represented in the Tables, then lake twict 
 come length. If shorter take i or j of some length. 
 
 t?~ 
 
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 82 87 
 
 91 
 
 95 
 
 100 
 
 104 
 
 108 
 
 113 1 117 121 
 
 27 
 
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 59 63 68 
 
 72 7 
 
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 86 90 
 
 95: 99 104 
 
 108 
 
 113 
 
 117 122 126 
 
 23 
 
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 61 65(70 
 
 75 7 
 
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 89 93 
 
 98 103 107 
 
 112 
 
 117 
 
 121 126 131 
 
 29 
 
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 53 58 
 
 63 63|73 
 
 77 8 
 
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 92 97 
 
 102 106 111 
 
 116 
 
 121 
 
 126 131 135 
 
 30 
 
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 55 60 
 
 65 70 75 80 8 
 
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 95 100 
 
 105 110 115 
 
 120 125 
 
 130 135 140 
 
 e 
 
 2 1-2 Inches Thick try 10 to 27 Inches Hide. 
 
 M^ 
 
 10 
 
 11 12 
 
 13 
 
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 16 
 
 17 
 
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 19 
 
 20 
 
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 22 
 
 23 
 
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 69 ; 
 
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 1155 
 
 173 
 
 180 188 
 
 195
 
 PLANK MEASURE. 
 
 87 
 
 PJUANK AND SCANTLING MEASURE. 
 
 If a Plank, or Scantling, be longer than is represented in the Tables, tnk 
 twice some length given in the Tables, or add two lengths together ; if wider, 
 take two widths; if both longer and wider, double the contents of such num- 
 ber in the Tables as will give the same length and width required. 
 
 fcn . 
 
 K -** 
 
 3 1-2 Inches Thirk by 10 to 
 
 26 Inches Wide. 
 
 5* 
 
 10 
 
 11| 12 18 
 
 14 
 
 15 
 
 l(i 
 
 17 
 
 18 19 
 
 20 
 
 81 
 
 01 
 
 98 
 
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 57 
 
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 64 
 
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 135 
 
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 67 
 
 74 
 
 81 
 
 87 
 
 84 
 
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 1(17 
 
 111 
 
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 127 
 
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 148 
 
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 118 
 
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 96 
 
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 88 
 
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 i-j.'i 
 
 131 
 
 140 
 
 149 15S 166 
 
 175 
 
 184 193 
 
 201 210 219 
 
 296 
 
 * 
 
 4 Inches Thick by 
 
 10 to 26 Inches, Wide. 
 
 > 
 
 10| 11 
 
 12 13 
 
 11 
 
 15J 16 
 
 17 
 
 18 
 
 19 
 
 96 
 
 21| 22 
 
 23| 24 1 25 26 
 
 13 
 
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 133 
 
 128; 133 
 
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 147 
 
 19 
 
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 till 
 
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 78 
 
 64 
 
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 190 
 
 I'M 
 
 I.')2 
 
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 144 ' 150 
 
 1.56 
 
 19 
 
 63 
 
 70 
 
 76 
 
 88 
 
 89 
 
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 146 
 
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 67 
 
 73 
 
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 87 
 
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 133 
 
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 105 112 119 
 
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 nil 
 
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 88 
 
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 23 
 
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 84 
 
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 107 
 
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 112 120 128 136 
 
 144 152 160 166J170 
 
 1-1 
 
 192 200 
 
 208 
 
 23 
 
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 107 
 
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 217 
 
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 225 
 
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 126 135 144 153 
 
 162 171 
 
 180 189 198 
 
 207 
 
 216 225 234 
 
 28 
 
 93 
 
 103 112 121 
 
 131 140 149 159 
 
 168i 177 
 
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 215 224 2331243 
 
 29 
 
 97 IOC 116 126 
 
 135 145 155 164 
 
 171 1-4 
 
 193 2O 213 
 
 222 
 
 232 242 
 
 251 
 
 :) 
 
 100 110 120 130 140 150 160 170 
 
 ISO 190 
 
 200' 210 220 
 
 230 240 250 260 
 
 t . 
 
 5 Inches Thick by 
 
 10 to 26 lathe* Wide. 
 
 5 s 
 
 10 
 
 11 
 
 1? 
 
 13 14 M 
 
 u 
 
 17| 18 
 
 lit 20 21 
 
 H 
 
 
 
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 20 
 
 13 
 
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 60 
 
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 70 
 
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 87 
 
 92 
 
 08 
 
 103 
 
 108 
 
 111 
 
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 75 
 
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 68 94 
 
 100 
 
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 131 
 
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 103 
 
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 173 
 
 17 
 
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 140 
 
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 163 
 
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 184 
 
 18 
 
 75 
 
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 n 
 
 105 113 120 
 
 VK 
 
 135 143 
 
 100 
 
 158 165 
 
 173 
 
 180; J8S 
 
 195 
 
 19 
 
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 95 
 
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 111 119 127 
 
 as 
 
 143 
 
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 166 174 
 
 189 
 
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 100 108 117 125; 133! 142 
 
 150 158 
 
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 175 183 
 
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 200 208 
 
 217 
 
 21 
 
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 105 114 123| 1311 140! 149 
 
 158 166 
 
 176 
 
 184! 193 
 
 901 
 
 210J219 
 
 228 
 
 22 
 
 m 
 
 101 
 
 110 119! 12?i 138 1471156 
 
 165 174 
 
 183 
 
 193 202 
 
 m 
 
 220 229! 238 
 
 23 
 
 OJ 
 
 105i 115 125' 1341 144 153 163 
 
 173 182 
 
 192 201 211 
 
 220 
 
 230' 240. 241) 
 
 24 
 
 UN 
 
 110 120J 130i 140! 150 IfiO, 170 
 
 ISO 190 200; 210 220 
 
 230 240! 250 1260 
 
 25 
 
 10< 
 
 115 125 135 140 156 167,177 
 
 188 198 
 
 208 219 229 
 
 240 
 
 250' 2601271 
 
 2 
 
 108 
 
 119 130 141 152 163 17:? 1*4 
 
 195 20(3 
 
 217 223 238 
 
 948 
 
 260 : 271 
 
 2S-2 
 
 27 
 
 113 124 135 U6i 158 169, 180 K)l 
 
 203 214 
 
 225 236 248 
 
 399 
 
 270:281 
 
 2513 
 
 28 
 
 117 123 140 152 13 175 1?7 : 198 
 
 210 222 
 
 233 245 257 
 
 968 
 
 280,292 
 
 :n 
 
 29 
 
 121! 133' 145 167 169 181' 193 205 
 
 213 230 
 
 242 254 266 
 
 278 
 
 290 302 314 
 
 30 
 
 125! 138 150 103 175! 188! 20o! 213 
 
 225 238 
 
 250 203 275 
 
 286 3001313 323
 
 88 
 
 SCANTLING REDUCED TO ONE INCH BOARD MEASURE. 
 
 SCANTLING AND TIMBER MEASURE 
 
 REDUCED TO ONE INCH BOARD MEASURE. 
 
 EXPLANATION. To ascertain the number of Feet of Scantling or Timber, 
 say 18 Feet Long and 2 by 3 Inches. Find 2 by 3 in the top columns, and 18 
 in the left hand column, and under 2 by 3 and against 18 is 9 feet. 
 
 If the Scantlingis longer than contained in the Table, add two lengths together. 
 If shorter take part of some length. 
 
 The preceding pages also contain. Scantling and Plank Measure. 
 
 --' 
 
 Thickness and Width 
 
 in Inches. 
 
 
 
 2.22.32.4 
 
 2.5 2.6 
 
 2.7 2.8 2.9 3.3 3.4 3.5 3 fi 3.7 3.8 39 4445 
 
 fc- 
 
 "e 
 
 
 4. 
 
 
 G. 
 
 "77 
 
 8. 
 
 9. 
 
 4.6 
 
 6. 
 
 7.6 9. 
 
 10.6 12. 1 
 
 3.6 8. 10. 
 
 7 
 
 2i4 
 
 3.6 
 
 4.8 
 
 5.10 
 
 7. 
 
 8.8 
 
 9. 
 
 1 10.6 
 
 5.3 
 
 7. 
 
 8.910.6 
 
 12.3 14. 1 
 
 5.9 9.411.8 
 
 8 
 
 2.8 
 
 ".* : 
 
 5.4 
 
 6.8 
 
 8. 
 
 9.4 
 
 10. 
 
 1 12. 
 
 t. 
 
 8.' 
 
 10. 112. 
 
 14. 116. 18. 10.813.4 
 
 9 
 
 3. 
 
 4.(i 
 
 6. 
 
 76 
 
 9. 
 
 10. (j 
 
 12. 
 
 13.6 
 
 69 
 
 9. 
 
 11.313.6 
 
 15.918. 20.312. 15. 
 
 10 
 
 3.4 
 
 '5. 
 
 G s 
 
 8.4 
 
 10. 
 
 11 S 
 
 13. 
 
 1 15. 
 
 7.6 : 10. 
 
 12.6 15. 
 
 17.620. 22.6 ; 13.4 16.8 
 
 11 
 
 3.8 
 
 5.6 
 
 7,4 
 
 9.2 
 
 11. 
 
 13.1 
 
 014. 
 
 3 16.6 
 
 8.3 
 
 11. 
 
 13.9 16.6 
 
 19.322. ;2 
 
 4.9 14.8 18.4 
 
 12 
 
 4. 
 
 6. 
 
 8. 
 
 l!). 
 
 18. 
 
 14. 
 
 16. 
 
 18. 
 
 9, 
 
 12. 
 
 15. 118. 
 
 21. ;24. 27. 16. 20. 
 
 13 
 
 4.4 
 
 0.6 
 
 8.8 
 
 10.10 
 
 13. 
 
 15.2 
 
 17.4 19.6 
 
 9.9 
 
 13. 
 
 16.3 19.6 22.9 26. ! 2 
 
 9.3 17.4 21.8 
 
 14 
 
 4.8 
 
 7. 
 
 9.4 11.8 
 
 14. 
 
 1G.4 
 
 18.821. 
 
 10.6 14. 
 
 17.621. 24.628. : 31 6 18.8 23.4 
 
 15 
 
 5. 
 
 7.6 
 
 10. 
 
 12.6 
 
 15. 
 
 I7.G 
 
 20. 22.6 ill. 3 
 
 15. 
 
 18.9'22.fi 26.3 30. :3 
 
 3.920. 25. 
 
 16 
 
 5.4 8. 
 
 LO.813.4 
 
 16. 
 
 13.8 
 
 :21.424. IS. 
 
 16. 
 
 20. |24. |2S. |32. i36. 21.426.8 
 
 17 
 
 5.8 8.6 
 
 11.4 
 
 14.2 
 
 17. 
 
 19.1 
 
 022.8 25.6 12.9 
 
 17. 
 
 21.325.6 
 
 29934. 3 
 
 8.3 i 22.8 28.4 
 
 18 
 
 6. 
 
 9. 
 
 12 
 
 15. 
 
 lf< 
 
 21. 
 
 24. 27. |3.6 
 
 18. 
 
 22.627. 
 
 31.636. 4 
 
 0.624. i30. 
 
 19 
 
 6.4 
 
 9.6 
 
 2.8 15.10 
 
 19! 
 
 22.:. 
 
 25.428.614.3 19. 
 
 23.928.6 
 
 33.338. 4 
 
 2.9125,431.8 
 
 20 
 
 6.8 
 
 10. 
 
 13.4 
 
 16.8 
 
 20. 
 
 23.4 
 
 26.830. 15. 
 
 20. 
 
 25. |30. 
 
 35. 
 
 40. 4 
 
 5 126.833.4 
 
 21 
 
 7. 
 
 O.G 
 
 4. 
 
 17.6 
 
 21. 
 
 24. ( 
 
 28. 31 6 15.921. 
 
 26.331.6 
 
 36.9'42. [47.328. 35. 
 
 22 
 
 7.4 11. 
 
 148 
 
 18.4 
 
 22. 
 
 25.8 
 
 29.433. '16.6 
 
 22. 
 
 27.6 33. 
 
 38.6:44. 4 
 
 9.6i29.436.8 
 
 23 
 
 7.8,11.6 15.419.2 |23. 
 
 26.10'30.8 34.6 17.3 23. 
 
 28.9 34.6 
 
 40.3J46. 51.9 I 30.8384 
 
 24 
 
 8. 12. 16. 
 
 20. 24. 
 
 28. 
 
 32. '36. J18. 
 
 24. 
 
 30. 36. 
 
 42. 48. !54. 32. |40. 
 
 25 
 
 8.4 12.6 16.8 
 
 20.10|25. 
 
 29.2 
 
 33.437.6 18.9 
 
 25. 
 
 31.337.6 
 
 43.950. 5 
 
 6.333.441.8 
 
 30 
 
 10. 15. 20. 
 
 25. 
 
 30. 
 
 35. 
 
 40. 145. $3.630. 
 
 37.6 45. 
 
 52.6 GO. 67.6 40. ^50. 
 
 34 
 
 11.4 17. 22.828.4 
 
 34 39.8 45.451. J25.6 34. 
 
 42.6 51. 
 
 59.0 (. 76.6 ! 45.4 56.8 
 
 40 
 
 13.4 20. 
 
 26.8.33.4 40. 
 
 46.8 53.460. J30.0 40. 
 
 50. 60. 
 
 70. 80. 80. '53.4 66.8 
 
 
 Thickness and Width in Inches, 
 
 
 
 4.6^.7 
 
 ill 
 
 8 
 
 4.9 
 
 5 
 
 5 ; 5.6 
 
 5.7 
 
 5.i 
 
 3 5 
 
 9 
 
 6.6 
 
 6.7 6.8 
 
 6.9 
 
 6-10 
 
 6 
 
 12. 
 
 14. 
 
 ~1 
 
 
 18. 
 
 12 
 
 16 
 
 15. 
 
 Ire 
 
 20 
 
 ""22.6 
 
 iiT 
 
 ~2l7 
 
 24. 
 
 277 
 
 3U7 
 
 7 
 
 14. 
 
 1G.4 
 
 18.8 
 
 21. 
 
 14.7 
 
 17.6 
 
 20.5 
 
 23.4 26.3 
 
 21. 
 
 24.6 
 
 28. 
 
 31.6 
 
 35. 
 
 7 
 
 16. 
 
 18.8 
 
 21 
 
 .4 
 
 24. 
 
 16 
 
 .8 
 
 20. 
 
 23.4 
 
 26 
 
 S 
 
 3 
 
 . 
 
 24. 
 
 28. 
 
 32. 
 
 36. 
 
 40. 
 
 9 
 
 18. 
 
 21. 
 
 2 
 
 
 27. 
 
 18.9 
 
 22.6 
 
 26.3 
 
 30. 
 
 33.9 
 
 27. 
 
 31.6 
 
 36. 
 
 40.6 
 
 45 
 
 10 
 
 20. 
 
 >j 4 
 
 26 
 
 .8 
 
 30. 
 
 20 
 
 .10 
 
 25. 
 
 29.2 
 
 33 
 
 1 
 
 3 
 
 
 30. 
 
 35. 
 
 40 
 
 45. 
 
 50. 
 
 11 
 
 22. 
 
 '.>~l H 
 
 29.4 
 
 33. 
 
 22.11 
 
 27.6 
 
 32.1 
 
 38.8 
 
 41.3 
 
 33. 
 
 38.6 
 
 44. 
 
 49.6 
 
 55. 
 
 12 
 
 24. 
 
 88. 
 
 32 
 
 
 36. 
 
 25 
 
 
 30. 
 
 35. 
 
 40 
 
 
 4. 
 
 
 36. 
 
 42. 
 
 48. 
 
 54. 
 
 60. 
 
 13 
 
 26. 
 
 30.4 
 
 34.8 
 
 39. 
 
 27.1 
 
 32.6 
 
 37.11 
 
 43.4 
 
 48.9 
 
 39. 
 
 45.6 
 
 52. 
 
 58.6 
 
 65. 
 
 14 
 
 28. 
 
 32. fc 
 
 37 
 
 ,1 
 
 42. 
 
 29 
 
 A 
 
 35. 
 
 40.10 
 
 46 
 
 s 
 
 5 
 
 
 42. 
 
 49. 
 
 56. 
 
 63. 
 
 70. 
 
 15 
 
 30. 
 
 as. 
 
 40. 
 
 45. 
 
 31.3 
 
 37.6 
 
 43.9 
 
 50. 
 
 56.3 
 
 45. 
 
 52.6 
 
 60. 
 
 67.6 
 
 75. 
 
 16 
 
 32. 
 
 37. 
 
 42.8 
 
 43. 
 
 33.4 
 
 40. 
 
 46.8 
 
 53.4 
 
 60. 
 
 48. 
 
 56. 
 
 64. 
 
 72. 
 
 80. 
 
 17 
 
 34. 
 
 
 45 
 
 ,1 
 
 51. 
 
 35 
 
 Jt 
 
 42.G 
 
 49.7 
 
 56 
 
 8 
 
 6. 
 
 (.9 
 
 51. 
 
 59.6 
 
 68. 
 
 76.6 
 
 85. 
 
 18 
 
 36. 
 
 42'. 
 
 48. 
 
 54. 
 
 37.6 
 
 45. 
 
 52.6 
 
 60. 
 
 67.6 
 
 54. 
 
 63. 
 
 72. 
 
 81. 
 
 90. 
 
 19 
 
 38. 
 
 44.4 
 
 50.8 
 
 57. 
 
 39.7 
 
 47.6 
 
 55.5 
 
 63.4 
 
 71.3 
 
 57. 
 
 66.6 
 
 76. 
 
 85.6 
 
 95. 
 
 20 
 
 40. 
 
 
 53 
 
 .4 
 
 60. 
 
 41 
 
 
 
 50. 
 
 58.4 
 
 66 
 
 8 
 
 7 
 
 ->. 
 
 60. 
 
 70. 
 
 80. 
 
 90. 
 
 100. 
 
 21 
 
 42. 
 
 49. 
 
 56. 
 
 63. 
 
 43.9 | 
 
 5-2.6 
 
 61.3 
 
 7(1. 
 
 78.9 
 
 63. 
 
 73.6 
 
 84. 
 
 94.6 
 
 105. 
 
 22 
 
 44. 
 
 SLA 
 
 58.8 
 
 66. 
 
 45.10 
 
 55. 
 
 642 
 
 73.4 
 
 82.6 
 
 66. 
 
 77. 
 
 88. 
 
 99. 
 
 110. 
 
 23 
 
 46. 
 
 53.1 
 
 61.4 
 
 69. 
 
 47.11 
 
 57.6 
 
 67.1 
 
 76.8 
 
 86.3 
 
 69. 
 
 80.6 
 
 92. 
 
 103.6 
 
 115. 
 
 24 
 
 48. 
 
 56. 
 
 64 
 
 I, 
 
 72. 
 
 H 
 
 L 1 
 
 60. 
 
 70. 
 
 80 
 
 
 9 
 
 B. 
 
 72. 
 
 84. 
 
 96. 
 
 108. 
 
 120. 
 
 25 
 
 50. 
 
 53.4 66.8 
 
 75. 
 
 52.1 
 
 62.6 
 
 72.11 
 
 83.4 
 
 93.9 75. 
 
 87.6 
 
 100. 
 
 112.6:125. 
 
 30 
 
 60. 
 
 70. 
 
 8C 
 
 L 
 
 90. 
 
 62 
 
 G 
 
 75. 
 
 87.6 1100 
 
 
 11 
 
 2.6 90. 
 
 105. 
 
 120. 
 
 135. 150. 
 
 34 
 
 63. 
 
 79, 
 
 90.8 102 70.10 
 
 85. 
 
 99.2 113.4 127 .61 102. 
 
 119. 
 
 136. 
 
 153. 170. 
 
 40 
 
 80 
 
 93, 
 
 106.8120. 83.4 100. 
 
 1168 133.4 150. : 120. 1 140. 
 
 160. 
 
 180. 200.
 
 SCANTLING REDUCED TO ONE INCH BOARD MEASURE. 89 
 
 , 
 
 Thickness and Width in Inches. 
 
 1 
 
 6 11 6 12 
 
 7.7 
 
 7.8 
 
 7.9(7.10 7.11 
 
 7-12 8.8 
 
 8.9 
 
 8.10 8.1 
 
 1 8.12 
 
 6 
 
 33. 
 
 36. 
 
 24.6 
 
 28. 
 
 31. 
 
 5 35. 
 
 38.6 
 
 42. 
 
 32. 
 
 36. 
 
 40. 
 
 44. 
 
 48. 
 
 7 
 
 38.6 
 
 42. 
 
 28.7 
 
 32.8 
 
 36. 
 
 i 40.1 
 
 ) 44.11 
 
 49. 
 
 37.4 
 
 42. 
 
 46.S 
 
 51. 
 
 4 56. 
 
 8 
 
 44. 
 
 48. 
 
 32.8 
 
 37.4 
 
 42. 
 
 46.8 
 
 51.4 
 
 56. 
 
 42.8 
 
 48. 
 
 53.4 
 
 CO 
 
 )O. 
 
 8 64. 
 
 9 
 
 496 
 
 54. 
 
 36.9 
 
 42. 
 
 47. 
 
 } 52.6 
 
 57.9 
 
 63. 
 
 48. 
 
 54. 
 
 60. 
 
 66. 
 
 72. 
 
 10 
 
 55. 
 
 60. 
 
 40.10 
 
 46.8 
 
 52. 
 
 5 58.4 
 
 64.2 
 
 70. 
 
 53.4 
 
 60. 
 
 66.8 
 
 73. 
 
 4 80. 
 
 11 
 
 60.6 
 
 66. 
 
 44-11 
 
 51.4 
 
 57. 
 
 ) 64.2 
 
 70.7 
 
 77. 
 
 58.8 
 
 66. 
 
 73.4 
 
 80. 
 
 B 88. 
 
 12 
 
 66. 
 
 72. 
 
 49. 
 
 56. 
 
 63. 
 
 70. 
 
 77. 
 
 84. 
 
 64. 
 
 72 
 
 80. 
 
 88. 
 
 96. 
 
 13 
 
 71.6 
 
 78. 
 
 53.1 
 
 60.8 
 
 68. 
 
 } 75.1 
 
 ) 83.5 
 
 91. 
 
 69.4 
 
 78. 
 
 86.8 
 
 95. 
 
 1 104. 
 
 14 
 
 77. 
 
 84. 
 
 57.2 
 
 65.4 
 
 73. 
 
 5 81.8 
 
 89- 1C 
 
 98. 
 
 74.8 
 
 84. 
 
 93.4 
 
 102. 
 
 3 112. 
 
 15 
 
 82.G 
 
 90. 
 
 61.3 
 
 70. 
 
 78. 
 
 ) 87.6 
 
 96.3 
 
 105. 
 
 80. 
 
 90. 
 
 100. 
 
 110. 
 
 120. 
 
 1G 
 
 88. 
 
 96. 
 
 65.4 
 
 74.8 
 
 84. 
 
 93.4 102.8 
 
 112. 
 
 85.4 
 
 96. 
 
 106.8 
 
 117. 
 
 4 123. 
 
 17 
 
 93.6 
 
 102. 
 
 69.5 
 
 79.4 
 
 89. 
 
 ) 99.2 109.1 
 
 119. 
 
 90.8 
 
 102, 
 
 113.4 
 
 124. 
 
 3 136. 
 
 18 
 
 99. 
 
 108. 
 
 73.6 
 
 84. 
 
 946 105. 115.0 
 
 126. 
 
 96. 
 
 108. 
 
 120. !l32. 
 
 144. 
 
 19 
 
 104.6 
 
 114. 
 
 77.7 
 
 88.8 
 
 99.9 110.10 121.11 
 
 133. 
 
 101.4 
 
 114. 
 
 126.8 
 
 139. 
 
 I 152. 
 
 20 
 
 110. 
 
 120. 
 
 81.8 
 
 93.4 
 
 105. 1 116.8 128.4 
 
 140. 
 
 106.8 
 
 120. 
 
 133.4 
 
 146. 
 
 3 IbO. 
 
 21 
 
 115.6 
 
 126. 
 
 85.9 
 
 98. 
 
 1 10.3 i 122.6 
 
 134.9 
 
 147. 
 
 112. 
 
 L26. 
 
 140. 
 
 154. 
 
 168. 
 
 22 
 
 121. 
 
 132. 89.10 102.8 
 
 115.6 i 128.4 
 
 141.2 
 
 154. 
 
 117.4 
 
 132. 
 
 146.8 
 
 161. 
 
 176. 
 
 23 
 
 126.6 
 
 138. 93 11 
 
 107.4 
 
 120.1 
 
 ) 134.2 
 
 147.7 
 
 161. 
 
 122.8 
 
 138. 
 
 153.4 
 
 168. 
 
 5 184. 
 
 24 
 
 
 112. 
 
 126. 
 
 140. 
 
 154. 
 
 168. 128. 
 
 144. 160. 
 
 176. 
 
 192. 
 
 ^j 
 
 Thickness and Width in Inches. 
 
 
 
 9.9 
 
 9.109.119 
 
 .12|10.1010.11 
 
 10.12'll.H 11-12 12-12 12.13,12.14 
 
 
 
 40.6 
 
 45. ' 
 
 19.6 
 
 54. 
 
 50. 
 
 55. 
 
 eo. 
 
 60.6 66. 
 
 72. 
 
 78. 
 
 84. 
 
 7 
 
 47.3 
 
 52.6 , 
 
 57.9 
 
 i:3. 
 
 
 58.4 
 
 64.2 
 
 70. 
 
 70.7 
 
 77. 
 
 84 
 
 
 ! 
 
 M. 
 
 98. 
 
 c 
 
 54. 
 
 60. 1 
 
 56. 
 
 
 66.8 
 
 73.4 
 
 80. 
 
 80.8 
 
 88. 
 
 96. 
 
 104. 
 
 112. 
 
 9 
 
 60.9 
 
 67.6 ' 
 
 r4.3 
 
 n. 
 
 
 
 82.6 
 
 90. 
 
 90.9 
 
 99. 
 
 108 
 
 L 
 
 1 
 
 7. 
 
 126. 
 
 10 
 
 67.6 
 
 75. f 
 
 J2.6 * 
 
 M. 
 
 83.4 
 
 91.8 
 
 100. 
 
 100.10 110. 
 
 120. 
 
 130. 
 
 140. 
 
 11 
 
 74.3 
 
 82.6 ! 
 
 W.9 99. 
 
 91.8 
 
 100.10 
 
 110. 
 
 110.11 121. 
 
 132. 
 
 143. 
 
 154. 
 
 12 
 
 81. 
 
 90. i 
 
 )9. 108. 
 
 100. 
 
 110. 
 
 120. 
 
 121. 132. 
 
 144, 
 
 156. 
 
 168. 
 
 13 
 
 87.9 
 
 97.6 107.3 1 
 
 7. 
 
 K 
 
 (8.4 
 
 119.2 
 
 130. 
 
 131.1 143. 
 
 156 
 
 
 K 
 
 
 182. 
 
 14 
 
 94.6 
 
 05. 115.6]!' 
 
 J6. 
 
 1 
 
 6.8 
 
 128.4 
 
 140. 
 
 141.2 154. 
 
 168 
 
 . 
 
 K 
 
 12. 
 
 196. 
 
 15 
 
 101.3 
 
 12.6 123.91135. 
 
 125. 
 
 137.6 
 
 150. 
 
 151.3 165. 
 
 180. 
 
 195. 
 
 210. 
 
 16 
 
 108. 
 
 20. K 
 
 !2. 144. 
 
 133.4 
 
 146.8 
 
 160. 
 
 161.4 
 
 176. 
 
 192. 
 
 208. 
 
 224. 
 
 17 
 
 114.9127.6 140.3 153. 
 
 141.8 
 
 155.10 
 
 170. 
 
 171.5 
 
 187. 
 
 204 
 
 
 221. 
 
 238. 
 
 18 
 
 121.6 135. 1148.6 1 
 
 BL 
 
 u 
 
 0. 
 
 165. 
 
 180. 
 
 181.6 198. 
 
 216 
 
 
 K 
 
 14. 
 
 252. 
 
 19 
 
 128.3142.6156.9 171. 
 
 158.4 
 
 174.2 
 
 190. 
 
 191.7 
 
 209. 
 
 228. 
 
 247. 
 
 266. 
 
 20 
 
 135. 150. 165. If 
 
 -n. 
 
 K 
 
 .6.8 
 
 183.4 
 
 200. 
 
 201.8 220. 
 
 240 
 
 
 
 
 
 280. 
 
 21 
 
 141.9157.6 173.31 If 
 
 
 175. 
 
 192.6 
 
 210. 
 
 211.9 231. 
 
 252. 
 
 J- 
 
 
 294. 
 
 22 
 
 148.6165. 181. 6] 1< 
 
 IS. 
 
 11 
 
 (3.4 
 
 201.8 
 
 220. 
 
 221.10 242. 
 
 264 
 
 
 
 
 6. 
 
 308. 
 
 23 
 
 155.3 172.6 189.9 2( 
 
 )7. 
 
 ]' 
 
 )1.8 210.10 
 
 230. 
 
 231.11 253. 
 
 276 
 
 
 M 
 
 
 322. 
 
 24 
 
 1G2. H80. |198. ;216. 200. 220. 
 
 240. 
 
 242. : 264. 
 
 288. 
 
 312. 
 
 336. 
 
 j 
 
 Thickness and Width in Inches. 
 
 
 
 12.1512.1 
 
 613 
 
 13 1314 13-15J13.16 14-14 
 
 14.15 
 
 14-16 
 
 15. 15j 15.16 
 
 8 
 
 90. 
 
 96. 
 
 84.6 
 
 91. 
 
 97.6 
 
 104. 
 
 .98 
 
 105. 
 
 112. 
 
 
 1126 
 
 120. 
 
 7 
 
 105 
 
 112. 
 
 M 
 
 L7 
 
 10 
 
 62 
 
 113.9 
 
 121.4 
 
 114.4 
 
 122.6 
 
 130. 
 
 8 
 
 13 
 
 1.3 
 
 140. 
 
 8 
 
 120. 
 
 128. 
 
 112.8 
 
 121.4 
 
 130. 
 
 138.8 
 
 130.8 
 
 140. 
 
 149.4 
 
 150. 
 
 160. 
 
 9 
 
 135. 
 
 144. 
 
 126.9 
 
 136.6 
 
 146.3 
 
 156. 
 
 147. 
 
 157.6 
 
 168. 
 
 
 168.9 
 
 180. 
 
 Id 
 
 150. 
 
 160. 
 
 140.10 
 
 151.8 
 
 162.6 
 
 173.4 
 
 163.4 
 
 175. 
 
 186.8 
 
 187.6 
 
 200. 
 
 11 
 
 165. 
 
 176. 
 
 154 
 
 .11 
 
 16 
 
 5.10 
 
 178.9 
 
 190.8 
 
 179.8 
 
 192.6 
 
 205. 
 
 1 
 
 201 
 
 5.3 
 
 220. 
 
 1-J 
 
 180. 
 
 192. 
 
 169. 
 
 182. 
 
 195. 
 
 208. 
 
 196. 
 
 210. 
 
 224. 
 
 
 225. 
 
 240. 
 
 13 
 
 195. 
 
 808. 
 
 183 
 
 .1 
 
 19 
 
 7.2 
 
 211.3 
 
 225.4 
 
 212.4 
 
 227.6 
 
 242. 
 
 3 
 
 24. 
 
 ).9 
 
 260. 
 
 M 
 
 210. 
 
 224. 
 
 197.2 
 
 212.4 
 
 227.6 
 
 242.8 
 
 228.8 
 
 245. 
 
 261.4 
 
 262.6 
 
 280. 
 
 u 
 
 225. 
 
 240. 
 
 211.3 
 
 227.6 
 
 243.9 
 
 260. 
 
 245. 
 
 262.6 
 
 280. 
 
 
 281.3 
 
 300. 
 
 ll> 
 
 240. 
 
 256. 
 
 225 
 
 4 
 
 24 
 
 i.8 
 
 260. 
 
 277.4 
 
 261.4 
 
 280. 
 
 298. 
 
 a 
 
 M 
 
 . 
 
 320. 
 
 17 
 
 055. 
 
 272. 
 
 239.5 
 
 257.10 
 
 276.3 
 
 294.8 
 
 277.8 
 
 297.6 
 
 317.4 
 
 316.9 
 
 340. 
 
 18 
 
 270. 
 
 288. 
 
 243 
 
 
 
 2T 
 
 i. 
 
 292.6 
 
 312. 
 
 290. 
 
 314. 
 
 336. 
 
 
 33" 
 
 r.6 
 
 360. 
 
 19 
 
 285. 
 
 304. 
 
 257.7 
 
 2S8.2 
 
 308.9 
 
 329.4 
 
 310.4 
 
 332.6 
 
 354. 
 
 356.3 
 
 380. 
 
 20 
 
 300. 
 
 320. 
 
 271 
 
 JO 
 
 30 
 
 .4 
 
 325. 
 
 346.8 
 
 326.8 
 
 350. 
 
 373. 
 
 i 
 
 37 
 
 . ' 
 
 WO. 
 
 21 
 
 315. 
 
 336. 
 
 285.9 
 
 318.6 
 
 341.3 
 
 364. 
 
 343. 
 
 367.6 
 
 392. 
 
 
 393.9 
 
 120. 
 
 22 
 
 330. 
 
 352. 
 
 299 
 
 10 
 
 33: 
 
 
 357.6 
 
 381.4 
 
 359.4 
 
 385. 
 
 410. 
 
 3 
 
 41S 
 
 .6 
 
 140. 
 
 23 
 
 345. 368. 
 
 313.11 ! 348.10 
 
 373.9 
 
 398.8 
 
 375.8 
 
 402.6 
 
 429.4 
 
 431.3 460. 
 
 24 
 
 360. 384. 
 
 338 
 
 i 364. 
 
 390. 
 
 416. 
 
 392. 
 
 420. 
 
 448. 
 
 
 450. 
 
 ISO. 
 
 DMA
 
 90 
 
 BOARD AND PLANK MEASUREMENT. 
 
 BOARD AND PLANK MEASUREMENT AT SIGHT. 
 
 ThU Table gives the Square Feet and Inches in Boards from 6 to 25 inches wide and 
 from 8 to 36 feet long. If a board be longer than 36 feet, unite two numbers. For 
 instance, if a Board is 40 feet long and 16 inches wide add 30 and 10 and you have 53 ft. 
 4 in. For 2 inch Plank double the PRODUCT. See also Board Table, p. 84. 
 
 4is! 
 
 S 
 
 6inW7inW;8inW 
 
 9ioW 
 
 lOinWlluOTinW 
 
 13inW 
 
 MM. 
 
 *4 
 
 ft. in. ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 f. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 g 
 
 4048 
 
 5 4 
 
 6 
 
 6 8 
 
 7 4 
 
 8 
 
 8 8 
 
 9 4 
 
 10 
 
 9 
 
 4 6 
 
 5 3 
 
 6 
 
 6 9 
 
 7 6 
 
 8 3 
 
 9 
 
 9 9 
 
 10 6 
 
 11 3 
 
 10 
 
 5 
 
 5 10 
 
 6 8 
 
 7 6 
 
 8 4 
 
 9 2 
 
 10 
 
 10 10 
 
 11 8 
 
 12 6 
 
 11 
 
 5 6 
 
 6 5 
 
 7 4 
 
 8 3 
 
 9 2 
 
 10 1 
 
 11 
 
 11 11 
 
 12 10 
 
 13 9 
 
 12 
 
 6 
 
 7 
 
 8 
 
 9 
 
 ia o 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 13 
 
 6 6 
 
 7 7 
 
 8 8 
 
 9 9 
 
 10 10 ! 11 11 
 
 13 
 
 14 1 
 
 15 2 
 
 16 3 
 
 14 
 
 7 
 
 8 2 
 
 9 4 
 
 10 6 
 
 11 8 
 
 12 10 
 
 14 
 
 15 2 
 
 16 4 
 
 17 6 
 
 15 
 
 7 6 
 
 8 9 
 
 10 
 
 11 3 
 
 12 6 
 
 13 9 
 
 15 
 
 16 3 
 
 17 6 
 
 18 9 
 
 16 
 
 8 
 
 9 4 
 
 10 8 
 
 12 
 
 13 4 
 
 14 8 
 
 16 
 
 17 4 
 
 18 8 
 
 20 
 
 17 
 
 8 6 
 
 9 11 
 
 11 4 
 
 12 9 
 
 14 2 
 
 15 7 
 
 17 
 
 18 5 
 
 19 10 
 
 21 3 
 
 18 
 
 9 
 
 10 6 
 
 12 
 
 13 6 
 
 15 
 
 16 6 
 
 18 
 
 19 6 
 
 21 
 
 22 6 
 
 19 
 
 9 6 
 
 11 1 
 
 12 8 
 
 14 3 
 
 15 10 
 
 17 5 
 
 19 
 
 20 7 
 
 22 2 
 
 23 9 
 
 20 
 
 10 
 
 11 8 
 
 13 4 
 
 15 
 
 16 8 
 
 18 4 
 
 20 
 
 21 8 
 
 23 4 
 
 25 
 
 21 
 
 10 6 
 
 12 3 
 
 14 
 
 15 9 
 
 17 6 
 
 19 3 
 
 21 
 
 22 9 
 
 24 6 
 
 26 3 
 
 22 
 
 11 
 
 12 10 
 
 14 8 
 
 16 6 
 
 13 4 
 
 20 2 
 
 22 
 
 23 10 
 
 25 8 
 
 27 6 
 
 23 
 
 11 6 
 
 13 5 
 
 15 4 
 
 17 3 
 
 19 2 
 
 21 1 
 
 23 
 
 24 11 
 
 2. 10 
 
 28 9 
 
 24 
 
 12 
 
 14 
 
 16 
 
 18 
 
 20 
 
 22 
 
 24 
 
 26 
 
 28 
 
 30 
 
 25 
 
 12 6 
 
 14 7 
 
 16 8 
 
 18 9 
 
 20 10 
 
 22 11 
 
 25 
 
 27 1 
 
 29 2 
 
 31 3 
 
 20 
 
 13 
 
 15 2 
 
 17 4 
 
 19 6 
 
 21 8 
 
 23 10 
 
 26 
 
 28 2 
 
 30 4 
 
 32 6 
 
 27 
 
 13 6 
 
 15 9 
 
 18 
 
 20 3 
 
 22 6 
 
 24 9 
 
 27 
 
 29 3 
 
 31 6l 33 9 
 
 23 
 
 14 
 
 16 4 
 
 18 8 
 
 21 
 
 23 4 
 
 25 8 
 
 28 
 
 30 4 
 
 32 8| 35 
 
 29 
 
 14 6 
 
 16 11 
 
 19 4 
 
 21 9 
 
 24 2 
 
 26 7 
 
 29 01 31 5 
 
 33 10 
 
 36 3 
 
 30 
 
 15 
 
 17 6 
 
 20 
 
 22 6 
 
 25 
 
 27 G 
 
 30 
 
 32 6 
 
 35 
 
 37 6 
 
 31 
 
 15 6 
 
 18 1 
 
 20 8 
 
 23 3 
 
 25 10 
 
 28 5 
 
 31 
 
 33 7 
 
 36 2 
 
 38 9 
 
 32 
 
 16 
 
 18 8 
 
 21 4 
 
 24 
 
 26 8 
 
 29 4 
 
 32 34 8 
 
 37 4 
 
 40 
 
 33 
 
 16 6 
 
 19 3 
 
 22 
 
 24 9 
 
 27 6 
 
 30 3 
 
 33 
 
 35 9 
 
 38 6 
 
 41 3 
 
 34 
 
 17 
 
 19 10 
 
 22 8 
 
 25 6 
 
 23 4 
 
 31 2 
 
 34 
 
 36 10 
 
 39 8 
 
 42 6 
 
 31 
 
 17 6 
 
 20 5 
 
 23 4 26 3 
 
 29 2 
 
 32 1 
 
 35 
 
 37 11 
 
 40 10 
 
 43 9 
 
 36 
 
 13 
 
 21 
 
 24 i 27 3f) 
 
 33 
 
 36 
 
 39 
 
 42 
 
 45 
 
 BOARD TABLE MEASUREMENT CONTINUED. 
 
 I 
 
 16inW 
 
 17inW 
 
 18inW 
 
 19inW 
 
 20inW 
 
 21inW 
 
 22inW 
 
 23inW 
 
 24inW|25inW 
 
 a 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ft. in. 
 
 ~s 
 
 10 8 
 
 11 4 
 
 12 
 
 12 8 
 
 13 4| 14 
 
 14 8 
 
 15 4 
 
 16 
 
 16 8 
 
 9 
 
 12 
 
 12 9 
 
 13 6 
 
 14 3 
 
 15 
 
 15 9 
 
 Irt 6 
 
 17 3 
 
 18 
 
 18 9 
 
 10 
 
 13 4 
 
 14 2 
 
 15 
 
 15 10 
 
 16 8 
 
 17 6 
 
 18 4 
 
 19 2 
 
 20 
 
 20 10 
 
 11 
 
 14 8 
 
 15 7 
 
 16 6 
 
 17 5 
 
 13 4 
 
 19 3 20 2 
 
 21 1 
 
 22 22 11 
 
 12 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 22 
 
 23 
 
 24 0! 25 
 
 13 
 
 17 4 
 
 18 5 
 
 19 6 
 
 20 7 
 
 21 8 
 
 22 9 
 
 23 10 
 
 24 11 
 
 26 27 1 
 
 14 
 
 18 8 
 
 19 10 
 
 21 
 
 22 2 
 
 23 4 
 
 21 6 
 
 25 8 
 
 26 10 
 
 23 
 
 29 2 
 
 15 
 
 20 
 
 21 3 
 
 22 6 
 
 23 9 
 
 25 
 
 26 3 27 6 
 
 23 9 
 
 30 
 
 31 3 
 
 16 
 
 21 4 
 
 22 8 
 
 24 
 
 25 4 
 
 26 8 
 
 23 29 4 
 
 30 8 
 
 32 
 
 33 4 
 
 17 
 
 22 8 
 
 24 1 
 
 25 6 
 
 26 11 
 
 28 4 
 
 29 9: 31 2 
 
 33 7 
 
 34 
 
 35 5 
 
 18 
 
 24 
 
 25 6 
 
 27 
 
 28 6 
 
 30 
 
 31 6 133 
 
 34 6 
 
 36 
 
 37 6 
 
 19 
 
 25 4 
 
 26 11 
 
 28 6 
 
 30 1 
 
 31 8 
 
 33 3 
 
 34 10 
 
 36 5 1 38 
 
 39 7 
 
 20 
 
 26 8 
 
 28 4 
 
 30 
 
 31 8 
 
 33 4 
 
 35 
 
 36 8 
 
 38 4j 40 
 
 41 8 
 
 21 
 
 28 
 
 29 9 
 
 31 6 
 
 33 3 
 
 35 
 
 36 9 
 
 38 6 
 
 40 3 
 
 42 
 
 43 9 
 
 22 
 
 29 4 
 
 31 2 
 
 33 
 
 34 10 
 
 36 8 
 
 38 6 
 
 40 4 
 
 42 2 
 
 44 
 
 45 10 
 
 23 
 
 30 8 
 
 32 7 
 
 34 6 
 
 36 5 
 
 38 4 
 
 40 3 
 
 42 2 
 
 44 1 
 
 46 
 
 47 11 
 
 24 
 
 32 
 
 34 
 
 36 
 
 38 
 
 40 
 
 42 
 
 44 
 
 46 48 
 
 50 
 
 25 
 
 33 4 
 
 35 5 
 
 37 6 
 
 39 7 
 
 41 8 
 
 43 9 
 
 45 10 
 
 47 11 50 
 
 52 1 
 
 26 
 
 34 8 
 
 36 10 
 
 39 
 
 41 2 
 
 43 4 
 
 45 6 
 
 47 8 
 
 49 10 52 
 
 54 2 
 
 27 
 
 36 
 
 38 3 
 
 40 6 
 
 42 9 
 
 45 u 
 
 47 3 
 
 49 6 
 
 51 9 54 
 
 56 3 
 
 26 
 
 37 4 
 
 39 8 
 
 42 
 
 44 4 
 
 46 8 
 
 49 
 
 51 4 53 8 56 
 
 53 4 
 
 29 
 
 38 8 
 
 41 1 
 
 43 6 
 
 45 11 
 
 48 4 50 9 
 
 53 2: 55 7 58 
 
 60 5 
 
 30 
 
 40 
 
 42 6 
 
 45 
 
 47 6 
 
 50 52 6 
 
 55 57 6 60 
 
 62 6 
 

 
 SAW LOGS REDUCED TO STANDARD BOARD MEASURE. 91 
 
 LOGS REDUCED TO ONE INCH BOARD MEASURE. 
 
 RULE. The number of feel is obtained by subtracting one quarter from the 
 diamtUr of the Log Example. If a log is 12 feet long, and 12 inches diame- 
 ter, deducting one quarter from the diameter, leaves inches, making 9 boards 
 9 inches wide, each board measuring 9 feel. Now multiply the number of 
 boards by the number of feel in one board, and ihe product will, be 81 feet. 
 
 The Diameter of all Timber is to be taken 20 feet from the butt. All logs 
 short of 20 feet, take the Diameter at the top or small end. 
 
 If the Log is longer than is contained in the lable, lake any iwo lengths. 
 
 The first column on the left gives ihe length of the Log in feel. The figure! 
 under D denote the diameters of the Logs in inches. 
 
 &/! 
 
 D. D. D. 
 
 D. D. D.I D. D. D. D. D. 
 
 D. D. 
 
 D. D. 
 
 ft 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 21 
 
 22 
 
 23 
 
 24 
 
 10 
 
 47 
 
 57 
 
 68 
 
 7! 
 
 92 
 
 105 
 
 120 
 
 i:i.j 
 
 152 
 
 169 
 
 188 
 
 907 
 
 227 
 
 248 270 
 
 LI 
 
 52 
 
 83 
 
 74 
 
 n 
 
 101 
 
 116 
 
 132 
 
 11!) 
 
 167 
 
 186 
 
 206 
 
 837 
 
 250 
 
 273 I 297 
 
 12 
 
 56 
 
 n 
 
 81 
 
 Be 
 
 110 
 
 127 
 
 144 
 
 KM 
 
 182 
 
 203 
 
 225 
 
 948 
 
 272 
 
 293 | 324 
 
 13 
 
 61 
 
 74 
 
 88 
 
 w 
 
 119 
 
 137 
 
 156 
 
 17(i 
 
 197 
 
 220 
 
 244 
 
 909 
 
 295 
 
 322 351 
 
 14 
 
 66 
 
 79 
 
 95 
 
 111 
 
 129 
 
 148 
 
 168 
 
 MM) 
 
 213 
 
 237 
 
 263 
 
 960 
 
 318 
 
 347 378 
 
 15 
 
 70 
 
 80 
 
 101 
 
 11! 
 
 138 
 
 158 
 
 180 
 
 JH3 
 
 228 
 
 254 
 
 281 
 
 810 
 
 340 
 
 372 405 
 
 16 
 
 75 
 
 '.n 
 
 108 
 
 197 
 
 147 
 
 169 
 
 192 
 
 J17 
 
 243 
 
 271 
 
 300 331 
 
 363 
 
 397 
 
 432 
 
 17 
 
 80 
 
 M 
 
 115 
 
 i:;r 
 
 156 
 
 179 
 
 J01 
 
 -.>:{<) 
 
 253 
 
 2S8 
 
 319 351 
 
 386 
 
 422 459 
 
 13 
 
 84 
 
 10-J 
 
 139 
 
 143 
 
 165 
 
 190 
 
 216 
 
 -Ml 
 
 273 
 
 305 
 
 338 J372 
 
 403 
 
 446 486 
 
 19 
 
 89 
 
 10- 
 
 128 
 
 ui 
 
 175 
 
 200 
 
 228 
 
 j;,7 
 
 289 
 
 322 
 
 356 393 
 
 431 
 
 471 513 
 
 n 
 
 94 
 
 113 
 
 135 
 
 158 
 
 184 
 
 211 
 
 240 
 
 .271 
 
 304 
 
 338 
 
 375 413 
 
 454 
 
 496 540 
 
 21 
 
 98 
 
 11!' 
 
 142 
 
 Kit 
 
 193 
 
 221 
 
 252 
 
 J.-l 
 
 319 
 
 355 
 
 394 434 
 
 476 
 
 521 507 
 
 99 
 
 103 
 
 I-.'.'. 
 
 149 
 
 171 
 
 202 
 
 232 
 
 264 293 
 
 334 
 
 372 
 
 413 455 
 
 499 
 
 540 594 
 
 2:1 
 
 108 
 
 i:;o 
 
 155 
 
 iflSJ 
 
 211 
 
 243 
 
 276 312 
 
 349 
 
 as9 
 
 431 475 
 
 522 
 
 570 621 
 
 21 
 
 113 136 
 
 162 
 
 111! 
 
 220 
 
 253 
 
 283 325 
 
 364 
 
 406 
 
 450 49G 
 
 544 
 
 595 648 
 
 25 
 
 117 142 
 
 169 
 
 ns 
 
 230 
 
 264 
 
 300.339 
 
 330 
 
 423 
 
 469 517 
 
 567 
 
 620 675 
 
 20 
 
 122 
 
 117 
 
 176 
 
 MB 
 
 239 
 
 274 
 
 312 '352 
 
 395 
 
 440 
 
 488 537 
 
 590 
 
 645 : 702 
 
 2T 
 
 127 
 
 163 
 
 182 
 
 su 
 
 248 
 
 2S5 
 
 324 366 
 
 410 
 
 457 
 
 506 558 
 
 613 
 
 670,729 
 
 23 
 
 131 
 
 l.',!i 
 
 189 
 
 919 
 
 257 
 
 295 
 
 336 379 
 
 425 
 
 474 
 
 525 , 579 
 
 635 
 
 694 i 756 
 
 90 
 
 136 164 
 
 190 
 
 930 
 
 266 
 
 306 
 
 348 393 
 
 440 
 
 491 
 
 544 599 
 
 653 
 
 719 783 
 
 30 
 
 141 170 
 
 203 
 
 j:i- 
 
 276 
 
 316 
 
 360 406 
 
 456 
 
 508 
 
 563 620 
 
 681 
 
 744 810 
 
 31 
 
 145 
 
 17(1 
 
 209 
 
 2 K, 
 
 285 
 
 327 
 
 372 420 
 
 471 525 
 
 581 641 
 
 703 
 
 769 837 
 
 35 164 198 
 
 236 277 
 
 322 
 
 369 
 
 420 474 
 
 532 ] 592 656 724 794 
 
 863 945 
 
 b/i~ 
 
 D. 
 
 D. 
 
 D. 
 
 D. 
 
 D. 
 
 D. 
 
 D. 
 
 D. D. D. 
 
 D. 
 
 D. 
 
 IF 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 30 
 
 31 
 
 32 
 
 33 
 
 34 
 
 35 
 
 36 
 
 10 
 
 293 
 
 317 
 
 342 
 
 368 
 
 394 
 
 422 
 
 450 
 
 480 
 
 510 
 
 542 
 
 574 
 
 603 
 
 11 
 
 322 
 
 349 
 
 376 
 
 404 
 
 434 
 
 464 
 
 496 
 
 528 
 
 562 
 
 596 
 
 ( 
 
 09 
 
 668 
 
 12 
 
 352 
 
 380 
 
 410 
 
 441 
 
 473 
 
 506 
 
 541 
 
 676 
 
 613 
 
 650 
 
 689 
 
 729 
 
 13 
 
 381 
 
 412 
 
 444 
 
 478 
 
 512 
 
 548 
 
 586 
 
 624 
 
 664 
 
 704 
 
 
 u 
 
 790 
 
 14 
 
 410 
 
 111 
 
 478 
 
 515 
 
 552 
 
 591 
 
 631 
 
 672 
 
 715 
 
 759 
 
 604 
 
 851 
 
 15 
 
 439 
 
 475 
 
 513 
 
 551 
 
 591 
 
 633 
 
 .676 
 
 720 
 
 766 
 
 813 
 
 
 
 Ml 
 
 911 
 
 16 
 
 469 
 
 507 
 
 547 
 
 tea 
 
 631 
 
 675 
 
 721 
 
 768 
 
 817 
 
 667 
 
 919 
 
 972 
 
 17 
 
 49S 
 
 539 
 
 581 
 
 625 
 
 670 
 
 717 
 
 766 
 
 816 
 
 868 
 
 921 
 
 1 
 
 I7(i 
 
 1033 
 
 18 
 
 527 
 
 570 
 
 615 
 
 662 
 
 710 
 
 759 
 
 811 
 
 864 
 
 919 
 
 975 
 
 1( 
 
 81 
 
 1094 
 
 19 
 
 557 
 
 602 
 
 649 
 
 698 
 
 749 
 
 802 
 
 856 
 
 912 
 
 970 
 
 1030 
 
 1091 
 
 1154 
 
 20 
 
 5S6 
 
 634 
 
 G83 
 
 735 
 
 788 
 
 844 
 
 901 
 
 960 
 
 1021 
 
 1084 
 
 1 
 
 4* 
 
 1215 
 
 21 
 
 615 
 
 665 
 
 718 
 
 772 
 
 828 
 
 886 
 
 946 
 
 1003 
 
 1072 
 
 1138 
 
 1206 
 
 1270 
 
 22 
 
 645 
 
 697 
 
 752 
 
 809 
 
 867 
 
 928 
 
 991 
 
 1056 
 
 1123 
 
 1192 
 
 li 
 
 S3 
 
 1337 
 
 23 
 
 674 
 
 729 
 
 786 
 
 845 
 
 907 
 
 970 
 
 loito 
 
 1104 
 
 1174 
 
 1240 
 
 1C 
 
 9] 
 
 1397 
 
 24 
 
 703 
 
 761 
 
 620 
 
 892 
 
 946 
 
 1012 
 
 1081 
 
 1152 
 
 1225 
 
 1300 
 
 1378 
 
 1458 
 
 25 
 
 732- 
 
 792 
 
 854 
 
 919 
 
 986 
 
 1055 
 
 1126 
 
 1200 
 
 1276 
 
 1355 
 
 14 
 
 36 
 
 1519 
 
 26 
 
 762 
 
 824 
 
 888 
 
 956 
 
 1025 
 
 1097 
 
 1171 
 
 1248 
 
 1327 
 
 1409 
 
 1493 
 
 1580 
 
 27 
 
 791 
 
 856- 
 
 023 
 
 992 
 
 1064 
 
 1139 
 
 1216 
 
 1296 
 
 1378 
 
 1463 
 
 
 
 50 
 
 1640 
 
 28 
 
 820 
 
 887 
 
 957 1 
 
 029 
 
 1104 1181 
 
 1261 
 
 1344 
 
 1429 
 
 1517 
 
 1608 
 
 1701 
 
 29 
 
 850 
 
 919 
 
 991 1 
 
 066 
 
 1143 1223 
 
 1306 
 
 1392 
 
 1480 1571 
 
 1665 
 
 1762 
 
 30 
 
 879 
 
 951 
 
 1025 1 
 
 103 
 
 1163 12G6 
 
 1351 
 
 1440 1531 
 
 1626 
 
 I 
 
 93 
 
 1(538 
 
 31 
 
 908 
 
 <)-_' 
 
 1059 '1139 
 
 1222 1308 
 
 1396 
 
 1488 1582 
 
 1680 
 
 r 
 
 Ml 
 
 ie<?3 
 
 35 10-J5 1KHI 
 
 1196 1286 13H1 1-177 
 
 1577 
 
 1060 1767 1697 2010 2l2fi
 
 92 EQUAL SIDED TIMBER MEASURE. COAL MEASURE. 
 
 SOLID CONTENTS OF EQUAL SIDED TIMBER. 
 
 If ihe Log is shorter than is contained in the Table, take half or quarter of 
 rome length, if longer double some length. The length of the Log is given on 
 the lop of ihe columns, the diameter in ihe left hand column. To obtain the 
 Cubical Contents of Masts, Spars, Round Logs, &c., subtract one-fourth from 
 the Contents. 
 
 . I. T. T, T. I. 1. 
 
 L. T. T. T, T.. T. 
 
 P 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 16 
 
 17 
 
 18 
 
 19 
 
 20 
 
 (i 
 
 2 3 
 
 2 6 
 
 2 9 
 
 3 
 
 3 3 
 
 ~3~~6 
 
 JF~9 
 
 4 
 
 4 3 
 
 4 6 
 
 4 9 
 
 5 
 
 7 
 
 3 
 
 3 4 
 
 3 7 
 
 4 1 
 
 4 5 
 
 4 9 
 
 5 1 
 
 5 5 
 
 5 9 
 
 6266 
 
 6 10 
 
 B 
 
 4 1 
 
 4 4 
 
 4 10 
 
 5 4 
 
 5 9 
 
 6 2 
 
 6 7 
 
 8 
 
 8 5 
 
 8 10 
 
 9398 
 
 1) 
 
 5 2 
 
 5 9 
 
 6 2 
 
 6974 
 
 7 11 
 
 8 6 
 
 9 1 
 
 9 8 
 
 10 3 
 
 10 10 11 5 
 
 Id 
 
 6 2 
 
 6 10 
 
 7 8 
 
 8 41 9 
 
 9 8 
 
 10 4 
 
 11 
 
 11 8 
 
 12 4 
 
 13 13 8 
 
 11 
 
 7 6 
 
 8 4 
 
 9 3 
 
 10 l|lO 11 
 
 11 9 
 
 12 7 
 
 13 5 
 
 14 3 
 
 15 1 
 
 15 11 16 9 
 
 19 
 
 9 
 
 10 
 
 11 
 
 12 
 
 13 
 
 14 15 Oj 16 
 
 17 
 
 IS 
 
 19 Oi 20 
 
 13 
 
 10 4 11 7 
 
 12 10 
 
 14 1 
 
 15 3 
 
 16 5 17 9 18 9 
 
 19 11 
 
 21 1 
 
 22 3 23 5 
 
 11 
 
 12 2 
 
 13 7 
 
 14 11 
 
 16 4 
 
 17 8 
 
 18 11 
 
 20 3 21 7 
 
 22 11 
 
 24 3 
 
 25 7 
 
 26 11 
 
 15 
 
 14 2 
 
 15 9 
 
 17 2 
 
 18 9 
 
 20 4 
 
 21 1023 5 
 
 25 
 
 26 7 
 
 28 2 
 
 29 9 
 
 31 4 
 
 1<> 
 
 16 
 
 17 10 
 
 19 621 4 
 
 23 1 
 
 24 10 26 7 23 4 
 
 30 1 
 
 31 10 
 
 33 7 
 
 35 4 
 
 17 
 
 18 020 
 
 -,'2 0;24 1 
 
 26 128 1 
 
 30 1 32 1 
 
 34 1 
 
 36 1 
 
 38 1 
 
 40 1 
 
 Ifi 
 
 20 322 624 927 029 331 633 9 
 
 36 
 
 38 3 
 
 40 6 
 
 42 9 
 
 45 
 
 1!) 
 
 22 625 ! 27 630 132 7 
 
 35 137 7 
 
 41 1 
 
 43 7 
 
 46 1 
 
 48 7 
 
 52 
 
 'JO 
 
 25 27 10 30 10 33 4 36 1 
 
 38 10 
 
 41 7 
 
 44 4 
 
 47 2 
 
 50 
 
 52 9 
 
 55 9 
 
 '21 
 
 27 7 30 8 33 9:36 9139 10 
 
 42 11 46 
 
 49 1 
 
 52 2 
 
 55 3 
 
 58 4 
 
 61 5 
 
 38 
 
 30 233 636 1040 443 8 
 
 47 
 
 50 4 
 
 53 8 
 
 57 
 
 60 4 
 
 63 8 67 
 
 33 
 
 33 036 8i40 4 44 1 
 
 47 9 
 
 51 5:55 I 
 
 58 "9 
 
 62 5 
 
 66 1 
 
 69 9 73 5 
 
 L'i 
 
 36 040 044 
 
 48 052 056 060 
 
 64 
 
 63 
 
 72 
 
 76 30 
 
 25 
 
 39 043 448 1 
 
 52 1 
 
 56 560 965 1 
 
 69 5 73 9 
 
 78 1 
 
 82 5 
 
 86 9 
 
 99 
 
 42 2!46 11 51 7 56 4 61 65 8 
 
 70 4 
 
 75 
 
 79 8 
 
 84 4 
 
 89 
 
 93 8 
 
 2 
 
 45 750 855 960 965 10 
 
 70 11 76 
 
 81 1 
 
 86 2 
 
 91 7 
 
 96 8 
 
 101 11 
 
 28 
 
 49 ! 54 5 59 10 65 4 
 
 70 9 
 
 76 2,81 7 
 
 85 
 
 92 5 
 
 97 10 
 
 103 3 
 
 108 8 
 
 39 
 
 52 6'58 4 64 2 70 1 
 
 75 11 
 
 81 9 
 
 87 7 
 
 93 5 
 
 99 3106 1 
 
 112 11 117 9 
 
 36 
 
 55 9l62 068 3i75 081 387 6 ! 93 9 
 
 100 0106 3ill2 6 
 
 113 9125 
 
 WEIGHT OF HARD COAL PROPORTIONED IN STOWAGE. 
 
 
 
 
 ' rt 
 
 B 
 
 
 
 
 3 j 
 
 2 
 
 fil 
 
 9 
 
 
 # 
 
 
 
 
 o 
 
 
 .^ 
 
 j! 
 
 g * 
 
 > 
 
 ft 
 
 
 j; 
 
 o a 
 
 g-a 
 
 0."= 
 
 I 
 
 
 g 
 
 S S 
 
 00 
 
 x fe i 
 
 
 
 O 
 
 e S 
 
 (_ 5 
 
 tu ~ 
 
 . M 
 
 DESIGNATION. 
 
 a 
 
 o S 
 
 o o 
 
 o o 
 
 a 
 
 
 
 
 0.33 
 e 
 
 Isi 
 
 is! 
 
 
 K 
 a 
 
 
 0. 
 
 a 
 
 
 Q 
 
 
 
 oo 
 
 .2Fo 
 
 .2*2 
 
 
 V 
 
 
 
 ^ 
 
 II 
 
 11 
 
 H 
 
 
 Beaver Meadow, 
 
 1.610 
 
 54.925 
 
 40.790 
 
 36.41 
 
 88.942 
 
 Forest Improvement, 
 Peach Mountain, 
 
 1.477 
 1.464 
 
 53.658 
 53.794 
 
 41.740 
 41.640 
 
 37.27 
 37.20 
 
 90.751 
 89.020 
 
 Lehigh, 
 
 1.590 
 
 55.316 
 
 40.500 
 
 3615 
 
 89.153 
 
 Lackavvana, 
 
 1.421 
 
 48.886 
 
 45.820 
 
 40.91 
 
 87.741 
 
 Walter Johnson's Report to the Navy Department of the U. Slates. 
 
 To obtain the Cubic feel of a COAL BIN, take ihe dimensions by measuring 
 the inside reduce the feel lo inches, and multiply the length, breadth and depth 
 together, and the product multiplied by .00058 gives the number of cubic feet.
 
 VALUE OF WOOD AND BARK. 
 
 93 
 
 m *** 
 
 II 
 
 -which ar 
 d by law 
 
 he left hand column, (under Ft.) op 
 et high, is a cord of wood as esta 
 be readily added or multiplied. 
 
 Fee 
 
 wid 
 am 
 
 d at the top of the column. T 
 et, or a Cord, or pile, 8 feet lon 
 e of more than one cord is requ 
 
 price per C 
 per foot. 12 
 the States. 
 
 ^c ecu) -" o o r-5 wo NUJ 
 coo "t~ ooo ->r!r5 oo 4>t^ 
 
 <dCJ csn COTO mo -i- tao 
 
 ro> ajmao 
 -'-i TCCTCO 
 
 PO ^ j; o 
 
 -<rc3 5 
 
 r t-a> e 
 
 oco ^i-in <D (Mjo ocj COUT o r- o 
 { H o-^ii ao <ods oo wi- cSco 5 
 
 coon aso CMaoo uj < aoco 
 coo,-i -H eo*c< teco o co 
 
 Hi-iO On COCOrf rCIO 3 <O 
 
 <oo>ra --c 
 
 o naao oo co>oo ooo coo JO2 S5 
 
 O H 00 O >OO i-itO COO <OO OlO O 
 ^1 r^i-IO COCO'* * 0-J <0t 00 
 
 Q|oox>cooin-r~c-'0' i^tooo -i codin oo r-co o<o o 
 
 <O| -ti-tddCO^r**OU5O TH l~ OQ COCC O CO l~ T-IO d<O QUO O 
 
 H ^-i r-i dd d co co ^r o f3 wi o t^ 
 
 c coocj <oco o 
 i^ OCTKO oo i-- 
 
 9I dCOCO C51 1 W 
 
 j^-tO'Nt-coiiTiiei 
 
 j^-tO'Nt-co 
 
 i "-<OJWco 
 
 OJWcoco.f) 1 > 
 
 cs^uj on wooo coco ciio t^co g 
 oor- -c i-cio aoco on wt o 
 
 U50U30U50 co-Ho rt 
 
 coo e 
 oo j 
 
 22 
 
 SSS 
 
 8 
 
 -t ci re i -- -^ o -r ^. c^ - o J-. 
 r-ii-ide*eocoCTTrto SStc 
 
 o -i '1 i- co o 
 r-not~ o^- GD--> coco J 
 
 ^S SSS SS SSS 
 
 o 1 2g 8 
 
 PS ss s 
 
 O!Tft~^* < *1 < OD'-< 
 
 55 | r-cSiiicN 
 
 OlCOf^OCOt^OCOI^OCOCO t~ O <p CO O O O CO 
 
 cf rHt-JJidddcocoo BSS co to <o o - 
 
 * ' r-CHt-l< <rtd 
 
 Ort -*KO i- " d -fl-X f->CO 
 
 ,-i,-i ^T-I ><dd d d coco 
 
 g"2" 
 
 oo -o o g 
 
 w>|CO>OCOOWU5aOpCOO-^ -^Or^ dd t*dCO COCO O 1 ^ 1 
 
 .-.S-HiSSSdd'fl 1 5iuo od d>o<e -S Si-* 
 
 ' l-4.H,-l--~ddd 
 
 too ei> 
 
 Oao -.6 
 
 IH .H-1.H -1-J dd dC CO 
 
 ccf->a 
 o>id 
 
 o o 
 o IH o 
 
 ^id^iot^os-jd^iot^; 
 
 co so -- OD o <s > <o 
 
 -i * !C t~0> C 
 
 50 
 
 .l-"dCJ' 1 OOt000>0<0 
 
 oco cog og og g g 
 
 s s
 
 94 
 
 WOOD AND BARK MEASUREMENT. 
 
 -a ^ 
 
 . ~ 1- Z 
 
 e i 
 nl 
 r i 
 
 fe 
 
 . 
 
 6 K l> ceD%5 S 5 o e ? 
 
 O O (O O - t^ 00 Of) O C 
 
 Example. How many cords of 
 wood in a pile 60 feet long, 6 feet 
 high and 4 feet wide! 
 
 128)1440(111 tordt.
 
 TABLES FOR ENGINEERS AND MACHINISTS. 
 
 95 
 
 WEIGHT OF ONE FOOT OF FLAT BAR IRON, 
 
 If a Bar of Iron be thicker than contained in the table dd together the weight of 
 two numbers, or treble the weight of one number. Wanted the weight of 1 foot of 
 Bai Iron, 4 inches broad and 2 1-4 inches thick. Opposite 4 and umlcr 1 is 13-3M, 
 which doubled is 2G-728, odd the weight of Mth, (3-.'MI,) equal 80lK>1) lb 
 
 Breadth la 1 
 iucliei. 
 
 THICKNESS IN PAHTS OP AN INCH. 
 
 i 
 
 A 
 
 t 
 
 & 
 
 i 
 
 i 
 
 1 
 
 I 
 
 lin. 
 
 1 
 
 .835 
 
 1.044 
 
 1.253 
 
 1.461 
 
 1.670 
 
 2.088 
 
 2.506 
 
 2.923 
 
 3.340 
 
 1 
 
 .939 
 
 1.174 
 
 1.409 
 
 1-644 
 
 1.878 
 
 2.348 
 
 2.818 
 
 3.287 
 
 3.756 
 
 1 
 
 1.044 
 
 1.305 
 
 1.566 
 
 1.826 
 
 2.088 
 
 2.609 
 
 3.132 
 
 3.653 
 
 4.176 
 
 1 
 
 1.148 
 
 1.435 
 
 1.722 
 
 2.009 
 
 2.296 
 
 2.870 
 
 3.444 
 
 4.018 
 
 4.592 
 
 1. 
 
 1.252 
 
 1.566 
 
 1.879 
 
 2.192 
 
 2.504 
 
 3.131 
 
 3.758 
 
 4.384 
 
 5.008 
 
 1 
 
 1.358 
 
 l.96 
 
 2.035 
 
 2.374 
 
 2.716 
 
 3.392 
 
 4.070 
 
 4.749 
 
 5.432 
 
 1 
 
 1.462 
 
 1.827 
 
 2.192 
 
 2.557 
 
 2.924 
 
 3.653 
 
 4.384 
 
 5.114 
 
 5.848 
 
 1 
 
 1.566 
 
 1.957 
 
 2.348 
 
 2.740 
 
 3.132 
 
 3.914 
 
 4.696 
 
 5.479 
 
 6.264 
 
 I 
 
 1.671 
 
 2.088 
 
 2.506 
 
 2.922 
 
 3.342 
 
 4.175 
 
 5.010 
 
 5.845 
 
 6.684 
 
 2 
 
 1.775 
 
 2.218 
 
 2.bG2 
 
 3.105 
 
 3.550 
 
 4.435 
 
 5.324 
 
 6.210 
 
 7.100 
 
 1 
 
 1.880 
 
 2.348 
 
 2.818 
 
 3.288 
 
 3.760 
 
 4.696 
 
 5.636 
 
 6.575 
 
 7.520 
 
 2 
 
 1.984 
 
 2.479 
 
 2.975 
 
 3.470 
 
 3.968 
 
 4.957 
 
 5.950 
 
 6.941 
 
 7-936 
 
 1. 
 
 2.088 
 
 2.609 
 
 3.131 
 
 3.653 
 
 4.176 
 
 5.218 
 
 6.262 
 
 7.306 
 
 8.352 
 
 2 
 
 2.193 
 
 2.740 
 
 3.288 
 
 3.836 
 
 4.386 
 
 5.479 
 
 6.576 
 
 7.671 
 
 8.772 
 
 i 
 
 2.297 
 
 2.870 
 
 3.444 
 
 4.018 
 
 4.594 
 
 5.740 
 
 6.888 
 
 8.036 
 
 9.188 
 
 2 
 
 2.402 
 
 3.001 
 
 3.601 
 
 4.201 
 
 4.804 
 
 6.001 
 
 7.202 
 
 8.402 
 
 9.608 
 
 t 
 
 2.506 
 
 3.131 
 
 3.758 
 
 4.384 
 
 5.012 
 
 6.262 
 
 7.516 
 
 8.767 
 
 10.024 
 
 ''! 
 
 2.715 
 
 3.392 
 
 4.071 
 
 4.749 
 
 5.430 
 
 6.784 
 
 8.142 
 
 9.498 
 
 10.860 
 
 H 
 
 2.923 
 
 3.653 
 
 4.384 
 
 5.114 
 
 5.846 
 
 7.306 
 
 8.768 
 
 10.228 
 
 11.692 
 
 ' j i 
 
 3.132 
 
 3.914 
 
 4.697 
 
 5.479 
 
 6.264 
 
 7.828 
 
 9.394 
 
 10.959 
 
 12.528 
 
 4 
 
 3.341 
 
 4.175 
 
 5.010 
 
 5.845 
 
 6.682 
 
 8.350 
 
 10.020 
 
 11.690 
 
 13.364 
 
 4 i 
 
 3.549 
 
 4.436 
 
 5.323 
 
 6.210 
 
 7.098 
 
 8.871 
 
 10.646 
 
 12.421 
 
 14.196 
 
 U 
 
 3.758 
 
 4.697 
 
 5.636 
 
 6.575 
 
 7.516 
 
 9.393 
 
 11.272 
 
 13.151 
 
 15.032 
 
 * ? i 
 
 3.966 
 
 4.958 
 
 5.949 
 
 6.941 
 
 7.932 
 
 9.915 
 
 11.898 
 
 13.881 
 
 15.864 
 
 
 
 4.175 
 
 5.219 
 
 6.263 
 
 7.306 
 
 S.35Q 
 
 10.437 
 
 12.526 
 
 14.612 
 
 16.700 
 
 
 
 4.384 
 
 5.479 
 
 6.576 
 
 7.671 
 
 8.768 
 
 10.958 
 
 13.152 
 
 15.343 
 
 17.536 
 
 a 
 
 4.593 
 
 5.741 
 
 6.889 
 
 8.037 
 
 9.186 
 
 11.480 
 
 13.778 
 
 16.073 
 
 18.372 
 
 q 
 
 4.801 
 
 6.001 
 
 7.202 
 
 8.402 
 
 9.602 
 
 12.002 
 
 14.404 
 
 16.804 
 
 19.204 
 
 6 
 
 5.010 
 
 6.262 
 
 7.515 
 
 8.767 
 
 10.020 
 
 12.524 
 
 15.030 
 
 17.535 
 
 20.042 
 
 WEIGHT OF ONE SQUARE FOOT OF SHEET IRON, &c. 
 
 X 
 
 Thickness by the Birmingham (Eng.) Wire Gauge. 
 
 1 
 
 2 
 
 3 
 
 4 
 
 10.00 
 11.60 
 l.'.OO 
 
 5 
 
 8.74 
 10.10 
 9.fil 
 
 6 
 
 7 
 
 8 
 
 9 
 
 6.24 
 
 7.20 
 6.86 
 
 10 
 
 5.62 
 6.50 
 6.18 
 
 11 
 
 12 
 
 13 
 
 14 
 
 15 
 
 Iron 
 Cop. 
 Bnu 
 
 12.50 
 14.50 
 13.75 
 
 12.00 
 13.90 
 13.20 
 
 11.00 
 12.75 
 12.10 
 
 8.12 
 9.40 
 8.9.) 
 
 7.5') 
 8.71) 
 H/]:, 
 
 6.86 
 7.90 
 7.54 
 
 5.00 
 5.80 
 5.50 
 
 4.38 
 5.08 
 4.81 
 
 :t.75 
 4.34 
 4.12 
 
 3.12 
 3.60 
 3.43 
 
 9.82 
 3.27 
 3.10 
 
 
 Thickness by the Wire Gauge. 
 
 Inn 
 Cop. 
 Brau 
 
 16 
 
 2.50 
 2.90 
 2.75 
 
 .JL 
 
 2.18 
 2.5=} 
 2.40 
 
 18 
 
 1.86 
 2.15 
 2.04 
 
 19 
 
 1.70 
 1.97 
 1.87 
 
 20 
 
 TS 
 
 1.78 
 1.69 
 
 21 
 
 K40 
 
 ua 
 
 1.54 
 
 2-> 
 
 ] ._>:, 
 1-48 
 
 i.:i7 
 
 23 
 
 U2 
 1.30 
 1J23 
 
 24 
 
 1.00 
 1.16 
 1.10 
 
 25 
 
 .90 
 1.1)4 
 .99 
 
 26 
 
 .80 
 .92 
 .88 
 
 27 
 
 .72 
 .83 
 .79 
 
 28 
 
 ^64 
 .74 
 .70 
 
 29 
 
 ~56 
 .64 
 .61 
 
 :*) 
 
 ^50 
 
 .58 
 .55 
 
 No. 1 Wire Guage is S-16ths of an Inch ; No. 4 Is l-4th i No. 11 ii 1-S h ; No. 1.1 is l-I2th | 
 No. 13 is l-14th ; No. 16 is l-16th ; No. 17 is l-18th i No. 19 i 1-23 ; No. 22 U 1-32.
 
 96 
 
 WEIGHT OF BAR IRON AND OTHER METALS. 
 
 RUSSIA SHEET IRON 
 
 Measures 56 by 28 Inches, and is rated by the weight per sheet. The 
 numbers run from 8 to 18 Russian Ibs. per sheet. 8 Russian pounds equal 
 7-2 English pounds ; 9 =^ 8-1 Ibs. ; 10 = 9 Ibs. ; 11 = 10 Ibs. ; 12 = 11-2 
 Ibs.&c. 100 Russian Ibs. equal 90 Ibs. English. 
 
 WEIGHT OF ONE SQUARE FOOT OF PLATE IRON, &c. 
 
 CD O " 
 
 
 
 
 
 5W 
 O * 
 
 
 
 
 
 
 
 C 
 
 
 
 
 
 
 
 
 cS 
 
 
 I 
 
 t 
 
 d 
 
 111 
 
 
 8i 
 
 m 
 
 a 
 
 Iftf 
 
 B 
 
 I 
 
 a 
 
 rt 
 
 fig 
 
 c 
 o 
 
 O* 
 
 B 
 
 a 
 
 V 
 
 
 1-1 
 
 
 
 pa 
 
 7 
 
 
 f? 
 
 O 
 
 ca 
 
 J 
 
 "S~ 
 
 2.5 
 
 2.9 
 
 2.7 
 
 3.7 
 
 ft 
 
 17.5 
 
 20.3 
 
 19.0 
 
 2-5.9 
 
 i 
 
 5.0 
 
 5.8 
 
 5.5 
 
 7.4 
 
 | 
 
 20.0 
 
 23.2 
 
 31.8 
 
 29.6 
 
 re 
 
 7.5 
 
 8.7 
 
 8.2 
 
 11.1 
 
 
 
 25.0 
 
 28.9 
 
 27.1 
 
 37.0 
 
 i 
 
 10.0 
 
 11.6 
 
 10.9 
 
 14.8 
 
 ' f 
 
 30.0 
 
 34.7 
 
 32.5 
 
 44.4 
 
 T^ 
 
 12.5 
 
 14.5 
 
 13.6 
 
 18.5 
 
 i 
 
 35.0 
 
 40.4 
 
 37.9 
 
 57.8 
 
 f 
 
 15.0 
 
 17.4 
 
 16.3 
 
 22.2 
 
 1 
 
 40.0 
 
 46.2 
 
 43.3 
 
 59.2 
 
 WEIGHT ONE FOOT IN LENGTH OF SQUARE AND 
 ROUND BA*R IRON. 
 
 || 
 * c 
 
 T3 "^ 
 
 &L a) 
 
 Square Iron 
 in Ibs. 
 
 c 
 8 . 
 
 S s 
 o"" 
 H 
 
 11 
 
 c 
 
 c 
 
 a cs 
 F 
 
 i 
 
 "1 
 
 c c 
 
 S"- 
 
 o 
 
 (4 
 
 Side and diam- 
 eter in inches. 
 
 a 
 S 
 
 V 
 ti C 
 
 f. 
 
 i 1 
 
 1 
 
 .209 
 
 .164 
 
 il 
 
 8.820 
 
 6.928 
 
 3f 
 
 46.969 
 
 36.895 
 
 ft 
 
 .326 
 
 .256 
 
 ii 
 
 10.229 
 
 8.043 
 
 8| 
 
 50.153 
 
 39.390 
 
 | 
 
 470 
 
 .369 
 
 i| 
 
 11.743 
 
 9.224 
 
 4 
 
 53.440 
 
 41.984 
 
 T^F 
 
 .640 
 
 .503 
 
 2 
 
 13.360 
 
 10.496 
 
 4 i 
 
 56.833 
 
 44.637 
 
 
 .835 
 
 .656 
 
 21- 
 
 15.083 
 
 11.846' 
 
 4? 
 
 60.329 
 
 47.385 
 
 T 9 F 
 
 1.057 
 
 .831 
 
 2 i 
 
 16.909 
 
 13.283 
 
 4| 
 
 63.930 
 
 50.211 
 
 B 
 
 1.305 
 
 1.025 
 
 2| 
 
 18.840 
 
 14.797 
 
 44 
 
 67.637 
 
 53.132 
 
 T* 
 
 1.579 
 
 1.241 
 
 2:J- 
 
 20.875 
 
 16.396 
 
 4| 
 
 71.445 
 
 56.113 
 
 1 b 
 
 1.879 
 
 1.476 
 
 2~ 
 
 23.115 
 
 18.146 
 
 f| 
 
 75.359 
 
 59.187 
 
 it 
 
 2.205 
 
 1.732 
 
 2| 25.259 
 
 . 19.842 
 
 4^ 
 
 79.378 
 
 62.344 
 
 | 
 
 2.558 
 
 2.011 
 
 2J 
 
 27.608 
 
 21.684 
 
 5 
 
 83,510 
 
 65.585 
 
 
 2.936 
 
 2.306 
 
 3 
 
 30.070 
 
 23.653 
 
 5 i 
 
 92.459 
 
 72.618 
 
 1 
 
 3.340 
 
 2.624 
 
 3^ 32.618 
 
 25.620 
 
 2 
 
 101.036 
 
 79.370 
 
 14 
 
 4.228 
 
 3.321 
 
 8 
 
 35.279 
 
 27.709 
 
 5 
 
 110.429 
 
 86.731 
 
 
 5.219 
 
 4.099 
 
 
 38.045 
 
 29.881 
 
 6 
 
 120.243 
 
 94.610 
 
 if 
 
 6.315 
 
 4.961 
 
 30. 40.916 
 
 32.170 
 
 The weight of Bur Iron being 1 i 
 " " " C...t Iron= .95 
 
 
 7.516 
 
 5.913 
 
 3| ! 43.8<)0 
 
 34.472 
 
 " " " Su-el, 1.03 
 ' * " Copper, 1.16
 
 CAST IRON COLUMNS. HOLDER'S TABLE. 
 
 97 
 
 DIMENSIONS OF CYLINDRICAL COLUMNS OF CAST 
 IRON TO SUSTAIN A PRESSURE WITH SAFETY. 
 
 II 
 
 II 
 
 
 
 
 
 4 | 6 
 
 8 | 10 | 12 | 14 
 
 16 | 18 
 
 20 | 22 | 24 
 
 (5.= 
 
 WEIGHT OR LOAD 1.1 CWTS. 
 
 2 
 
 79 
 
 60 
 
 49 
 
 40 
 
 32 
 
 26 
 
 22 
 
 18 
 
 15 
 
 13 
 
 11 
 
 21 
 
 119 
 
 105 
 
 91 
 
 77 
 
 65 
 
 55 
 
 47 
 
 40 
 
 34 
 
 29 
 
 25 
 
 3 
 
 178 
 
 163 
 
 145 
 
 128 
 
 111 
 
 97 
 
 84 
 
 73 
 
 64 
 
 56 
 
 49 
 
 3J 
 
 247 
 
 232 
 
 314 
 
 191 
 
 172 
 
 156 
 
 135 
 
 119 
 
 106 
 
 94 
 
 83 
 
 
 326 
 
 310 
 
 288 
 
 206 
 
 242 
 
 2>0 
 
 198 
 
 178 
 
 ICO 
 
 144 
 
 130 
 
 <i 
 
 418 
 
 400 
 
 379 
 
 354 
 
 327 
 
 301 
 
 275 
 
 251 
 
 229 
 
 208 
 
 189 
 
 5 
 
 522 
 
 501 
 
 479 
 
 452 
 
 427 
 
 394 
 
 305 
 
 337 
 
 310 
 
 285 
 
 262 
 
 6 
 
 007 
 
 592 
 
 573 
 
 550 
 
 525 
 
 497 
 
 4G9 
 
 440 
 
 413 
 
 386 
 
 360 
 
 7 
 
 10:12 
 
 1013 
 
 989 
 
 959 
 
 934 
 
 887 
 
 848 
 
 808 
 
 765 
 
 725 
 
 686 
 
 8 
 
 1333 
 
 1315 
 
 1 .-!' 
 
 1259 
 
 1224 
 
 1185 
 
 1142 
 
 1097 
 
 1052 
 
 100.) 
 
 9:>9 
 
 9 
 
 171(5 
 
 K.'J7 
 
 1672 
 
 1640 
 
 1003 
 
 i :.';i 
 
 1.M5 
 
 1407 
 
 1416 
 
 1304 
 
 1311 
 
 10 
 
 2119 
 
 2100 
 
 2077 
 
 2045 
 
 2007 
 
 1904 
 
 1916 
 
 1865 
 
 1811 
 
 1755 
 
 1697 
 
 11 
 
 2570 
 
 2550 
 
 2520 
 
 2490 
 
 2450 
 
 2410 
 
 2358 
 
 2305 
 
 2248 
 
 2189 
 
 2127 
 
 ia 
 
 3(150 
 
 3040 
 
 3020 
 
 2970 
 
 2930 
 
 2900 
 
 2830 
 
 2780 
 
 2730 
 
 2670 
 
 2600 
 
 Practical utility of the Table. 
 
 .V v. Wanting to support the front of a building with cast iron column* 18 
 feet in length, 8 inches in <! hi meter, and the metal 1 inch in thickness ; what 
 weight may I confidently expect each column capable of supporting without ten- 
 dency to deduction ? 
 
 Opposite 8 inches diameter and under 18 feet = 1097 
 * Al.su opposite 6 in. diameter and under 18 feet = 440 
 
 * This deduction is on account of the core. 
 MOLDER'S TABLE. 
 
 = G57cwt. 
 
 Bar Iron being 1, 
 Cast (run equal .95 
 Steel " 1 02 
 Copper " 1.16 
 Brass " 1 09 
 Lead " 1.48 
 
 Cast Iron being 1, 
 Bar Iron equal .07 
 Steel " OS 
 Brass " .16 
 Copper " .21 
 Lead " .56 
 
 Yellow Pine being 1 
 Cast iron equal 12. 
 Brass " 12.7 
 Copper " 13 3 
 Lead " 18.1 
 Zinc " 11.5 
 
 1. Suppose I have an article of plate iron, the weight of which 
 is 728 l!i-., but want the same of copper, and of similar dimensions, 
 what will be its weight ? . 
 
 728 X 1.16 = 844.48 Iks. 
 
 2. A model of Dry Pine weighing 3 Ibs., and in which the 
 iron for its construction forms no material portion of the weight, 
 what tnav I anticipate its weight to be in cast iron. 
 
 S X 12 = 36 pounds. 
 
 It frequently occurs, in the construction of models, that neither 
 the quality or condition of the wood can be properly estimated 
 nd in such cases, it may be a near enough approximation to reckoi > 
 13 Ibs. ot cast iron to each pound of model. 
 
 DMA 
 
 9
 
 BOLTS CISTERNS SCREWS LEAD PIPE. 
 
 HEXAGONAL NUTS FOR WROUGHT IRON BOLTS. 
 Diameter of bolts.f jj 1 1 1 1| l If 1 
 Breadth of nuts, I 1J l-ft 1 1 HI 2-ft 2| 2 T 9 B 2 3 
 
 CAPACITY OF CISTERNS AND RESERVOIRS IN GALLONS. 
 
 Depth, 10 Inches : Diameter from 2 U> 25 -Fee*. 
 
 set 19-5 
 30-6 
 44-06 
 59-97 
 78-33 
 99-14 
 
 5 fe 
 
 
 ? 
 
 74 
 
 et 122-40 
 148-10 
 176-25 
 206-85 
 23988 
 275-40 
 
 8 fc< 
 11 ' 
 
 it 313-33 
 353-72 
 396-56 
 461-40 
 489-20 
 592-40 
 
 12 fe 
 13 
 14 
 15 
 20 
 25 
 
 et 705- 
 827-4 
 959-6 
 1101-6 
 1958-4 
 3059.9 
 
 NUMBER OF THREADS IN V-THREAD SCREWS. 
 
 Diam. in inches, 
 No. of threads, 
 
 i & 
 
 20 18 
 
 I T 7 S 
 16 14 12 11 10 
 
 9877 
 
 I s 
 
 Diam. in inches, 
 No. of threads, 
 
 J 4 
 
 II 2 
 44 44 
 
 3 
 34 
 
 Diam. in inches, 
 No. of threads, 
 
 6 
 24 
 
 The depth of the threads should be half their pitch. The diameter 
 of a screw, to work in the teeth of a wheel, should be such/ that the 
 inele of the threads does not exceed 10. 
 
 WEIGHT OF LEAD PIPE PER FOOT 
 
 Diameter. libs. OZ. 
 
 
 Diameter. 
 
 Ibs. oz. 
 
 $ inch 
 
 medium 
 
 1 
 
 
 
 
 14 inch 
 
 extra light 
 
 3 
 
 
 
 " 
 
 strong 
 
 1 
 
 6 
 
 
 " 4 
 
 light 
 
 4 
 
 5 
 
 i 
 
 light 
 
 1 
 
 _ 
 
 
 " 
 
 medium 
 
 5 
 
 3 
 
 B 
 
 medium 
 
 1 
 
 5 
 
 
 u i 
 
 strong 
 
 6 
 
 5 
 
 " 
 
 strong 
 
 1 
 
 10 
 
 
 11 ' 
 
 medium 
 
 5 
 
 5 
 
 44 
 
 extra strong 
 
 2 
 
 2 
 
 
 u i 
 
 strong 
 
 6 
 
 11 
 
 ft 
 
 light 
 
 1 
 
 10 
 
 
 2 ' 
 
 light 
 
 5 
 
 9 
 
 < 
 
 medium 
 
 2 
 
 3 
 
 
 u i 
 
 medium 
 
 6 
 
 11 
 
 a 
 
 strong 
 
 2 
 
 8 
 
 
 ii < 
 
 strong 
 
 7 
 
 11 
 
 it 
 
 extra strong 
 
 2 
 
 12 
 
 
 24 " 
 
 light 
 
 8 
 
 5 
 
 1 
 
 4 light 
 
 1 
 
 11 
 
 
 ii 11 
 
 medium 
 
 10 
 
 
 
 1 
 
 light 
 
 2 
 
 1 
 
 
 u i 
 
 strong 
 
 11 
 
 11 
 
 H 
 
 medium 
 
 2 
 
 11 
 
 
 3 
 
 light 
 
 10 
 
 _ 
 
 ii 
 
 strong 
 
 a 
 
 4 
 
 
 ii i 
 
 medium 
 
 11 
 
 10 
 
 II 
 
 extra strong 
 
 i 
 
 8 
 
 
 K i 
 
 strong 
 
 14 
 
 11 
 
 1 
 
 44 light 
 
 2 
 
 5 
 
 
 34 ; 
 
 medium 
 
 15 
 
 
 
 M 
 
 light 
 
 2 
 
 12 
 
 
 
 strong 
 
 18 
 
 
 
 
 
 medium 
 
 3 
 
 7 
 
 
 u <i 
 
 extra strong 
 
 23 
 
 5 
 
 11 
 
 r 
 
 strong 
 extra light 
 light 
 
 4 
 
 2 
 3 
 
 1 
 12 
 4 
 
 
 4 4 
 
 waste light 
 4 medium 
 4 strong 
 
 5 
 
 7 
 8 
 
 5 
 11 
 
 M 
 
 medium 
 
 3 
 
 11 
 
 
 44 ' 
 
 4 light 
 
 5 
 
 12 
 
 E 
 
 strong 
 
 4 
 
 3 
 
 
 u < 
 
 4 medium 
 
 8 
 
 
 
 II U 
 
 extra strong 
 
 * 
 
 14 
 
 
 
 4 strong 
 
 9 
 
 11
 
 WEIGHT OF IRON PIPES. PLATE COPPER fc LEAD. 
 
 99 
 
 WEIGHT OF CAST IRON PIPES. 
 
 Thickness of the metal in inches. 
 
 iiunrter 
 ol U>. 
 
 * 
 
 1 
 
 1 
 
 ft 
 
 * 
 
 * 
 
 1 
 
 H 
 
 H 
 
 in. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 Ibs. 
 
 1 
 
 3-1 
 
 51 
 
 74 
 
 if>6 
 
 12-9 
 
 16-1 
 
 19-6 
 
 23-5 
 
 27-6 
 
 14 
 
 3-7 
 
 6-0 
 
 86 
 
 11.5 
 
 14-7 
 
 18-3 
 
 92-1 
 
 26-2 
 
 30-7 
 
 tl 
 
 4-3 
 
 6-9 
 
 9-8 
 
 13-0 
 
 16-6 
 
 20-4 
 
 24-5 
 
 29-0 
 
 33- 1 
 
 'I 
 
 4-9 
 
 7-8 
 
 11-1 
 
 14-6 
 
 18-4 
 
 22-6 
 
 27-0 
 
 31-8 
 
 36-8 
 
 2 
 
 5-5 
 
 8-8 
 
 12-3 
 
 16-1 
 
 203 
 
 24-7 
 
 29-5 
 
 34-5 
 
 39-9 
 
 2| 
 
 6-1 
 
 y 
 
 13-5 
 
 17-6 
 
 22-1 
 
 26-'8 
 
 319 
 
 37-3 
 
 430 
 
 2* 
 
 6-7 
 
 lO-o 
 
 14-7 
 
 192 
 
 239 
 
 28-9 
 
 344 
 
 40-0 
 
 460 
 
 23 
 
 T-4 
 
 n-5 
 
 16-0 
 
 20-7 
 
 25-7 
 
 31 1 
 
 36-8 
 
 42-8 
 
 49-1 
 
 3 
 
 8-0 
 
 12-4 
 
 17-2 
 
 22-2 
 
 27-6 
 
 33-3 
 
 39-3 
 
 45-6 
 
 52-2 
 
 S i 
 
 8-6 
 
 13-3 
 
 18-4 
 
 23-8 
 
 29-5 
 
 35-4 
 
 41-7 
 
 483 
 
 55-2 
 
 3A 
 
 9-2 
 
 14-2 
 
 19-6 
 
 25-3 
 
 31-3 
 
 37-6 
 
 44-2 
 
 51-1 
 
 58-3 
 
 sf 
 
 98 
 
 15-2 
 
 20-9 
 
 2C-9 
 
 33-1 
 
 39-7 
 
 46-6 
 
 538 
 
 61-4 
 
 4 
 
 10-4 
 
 lfi-1 
 
 22-1 
 
 28-4 
 
 35-0 
 
 41-9 
 
 49-1 
 
 56-6 
 
 64-4 
 
 44 
 
 11-1 
 
 17-1 
 
 23-4 
 
 30-0 
 
 36-9 
 
 44-1 
 
 51-6 
 
 59-4 
 
 67-6 
 
 41 
 
 11-7 
 
 180 
 
 24-5 
 
 31-4 
 
 38-7 
 
 46-2 
 
 54-0 
 
 62-1 
 
 70-6 
 
 4| 
 
 12-3 
 
 18-9 
 
 258 
 
 33-0 
 
 40-5 
 
 48-3 
 
 56-5 
 
 64-9 
 
 73-6 
 
 5 
 
 12-9 
 
 19-8 
 
 27-0 
 
 34-5 
 
 42-3 
 
 50-5 
 
 58-9 
 
 67-6 
 
 76-7 
 
 5.T 
 
 13-5 
 
 20-7 
 
 28-2 
 
 36-1 
 
 44-2 
 
 52-6 
 
 61-4 
 
 70-4 
 
 79-8 
 
 5$ 
 
 14-1 
 
 21-6 
 
 29-5 
 
 37-6 
 
 46-0 
 
 54-8 
 
 63-8 
 
 73-2 
 
 82-8 
 
 5? 
 
 H-7 
 
 22-6 
 
 30-7 
 
 39-1 
 
 47-9 
 
 66-9 
 
 66-3 
 
 76-0 
 
 85-9 
 
 6 
 
 15-3 
 
 23-5 
 
 31-9 
 
 40-7 
 
 49-7 
 
 59-1 
 
 68-7 
 
 78-7 
 
 88-8 
 
 WEIGHT OF COPPER PIPES. 
 
 Diameter 
 
 Weight 
 
 Diameter 
 
 Weight 
 
 Diameter 
 
 Weight 
 
 Diameter 
 
 Weight 
 
 of bore. 
 
 in Lb. 
 
 of bore. 
 
 InLbs. 
 
 of bore. 
 
 in I.l.--. 
 
 of bore. 
 
 in Lbs. 
 
 #'. 
 
 94 
 
 li in. 
 
 208 
 
 l%in. 
 
 303 
 
 2>in. 
 
 3-97 
 
 \ 
 
 1-33 
 
 1% 
 
 2-23 
 
 
 3-21 
 
 2Ji 
 
 4-12 
 
 % 
 
 1-51 
 
 1M 
 
 2-42 
 
 2* 
 
 3-39 
 
 2 
 
 4-34 
 
 1 
 
 1-09 
 
 IX 
 
 2-07 
 
 2* 
 
 3-53 
 
 2% 
 
 4-56 
 
 1* 
 
 189 
 
 IX 
 
 2-87 
 
 2* 
 
 3-78 
 
 3 
 
 4-78 
 
 WEIGHT OF PLATE COPPER. 
 
 The srrent vnrieiy of thicknesses into which copper is manufactured, can*e 
 the weigh) to In- named whereby to determine the thickness required, the unit 
 being tbat of a common sheet. so designated, viz. ,4 feet by 2 feel, in Ibs., thus : 
 
 A 70 Ib. plate is T \ths of an inch in thickness ; 46 do. 
 | do. ; 23 do. ^ do. ; 11 do. ^ do. ; 6 do. & do. 
 
 WEIGHT OF SHEET LEAD. 
 
 The thickness of lead is also in common determined or understood by the 
 weight ; the uiiii being that of a square or superficial foot ; thus: 
 
 4 Ibs. lead is T ' 6 th of an inch in thickness ; 6 do. ^ do. ; 
 7 do. do. ; 11 do. T 3 e do. ; 15 do. do.
 
 100 
 
 AREAS OF CIRCLES. 
 
 AREAS OF CIKCLES. 
 
 i * iV: i.~ i .*; ."; ci i-" o 
 
 ro ic <TI co oo oo co < 
 
 co co ~i o ocoo 1 
 ao m --o c ^r < 
 
 
 
 c~ ft o ^ 
 
 ) C -^ 00 '> Cl tC 00 
 
 '-c r: c*: '-^ o r~ 
 
 ) 00 to TT C> O 
 
 SO O 't* 
 pj o o 
 
 *? o i?5 < co tf' -* GO ic ? o o(5 :c T c^ c 
 
 CO ^ I |-~ I 
 
 C) C) CT H O) t 
 
 ccnco f r;o 
 
 
 J GO Cj CO CO f^ 4) 
 > - CJ Oi 00 r; 
 
 r- o o os vi en CJ f 
 
 O O CJ rfj ,o -^ ; 
 
 ec co 2* o oo r- S i 
 
 - 
 
 8CJ -^ C5 O iO O 
 Sb to o r* ao o> * 
 
 parts ot r rei in uianieicr, UIKI uic Area 111 me j uuir vvfiicu uorrrs|>oiiup lu 
 Ini lie^, multiply it by the length in Peel, and multiply lhi result by a Cubio 
 Foot, (7.4805). and the product i the answer in Galluiis. If, in any case. thcr 
 are more figures in the divisor than in the dividend, add cipher*.
 
 WAGES TABLE, BY THE DAY AND MONTH. 
 
 101 
 
 S 
 
 9 
 
 
 oooooooooooooooo 
 - 
 
 2|2? 
 _; f we 
 
 S |?TT< 
 
 |g8S f8SgS8Sg8gg 
 
 o 
 
 C" ; r??*v ( ?*T?? i< PC* ; ??T 
 
 *) 
 
 o gj 
 
 oo 
 
 OOOOOOO 
 
 crpoO(ioTr 
 
 OOOQOQOOO 
 
 i 
 
 838 
 
 o o o 
 
 CptpCi 
 
 $39 
 
 a?? 
 
 SOOOOOQOOOQQOOOOOOOPOOOOOO 
 - .<5'$low5y(fioa5o^'5ipop^Yv? t ?T < ?*9? S 
 
 HMA 
 
 9* 
 
 li 
 
 f- 
 
 I- 
 l 
 
 5
 
 102 RATES OF WAGES BY DAY AND WEEK. 
 
 [ Wage* per Week, from 50 Cents to 3-25-1 
 
 Days. ,50 cts. GO cts. 
 
 62$ ct. 70el*.i75c*. 
 
 80 cts. 
 
 t7$. 
 
 90 els 
 
 SHHI 
 
 81-12$ Sl-^5 
 
 1 
 
 2 
 4 
 6J 
 
 1 
 
 7i 
 
 | 
 
 7J 
 
 3 
 5J 
 
 8| 
 
 3 
 6J 
 9l 
 
 34 
 6- 
 93 
 
 3$ 
 74 
 103 
 
 3; 
 
 7i 
 11} 
 
 4 
 
 84 
 
 12$ 
 
 4* 
 
 9} 
 14 
 
 5; 
 
 10i 
 15$ 
 
 1 
 2 
 3 
 4 
 5 
 6 
 
 81 
 16i 
 25 
 334 
 
 41$ 
 50 
 
 10 
 20 
 30 
 40 
 50 
 fiO 
 
 104 
 20| 
 31} 
 41} 
 52 
 62$ 
 
 in 
 
 23} 
 35 
 464 
 58} 
 70 
 
 12J 
 25 
 37$ 
 50 
 62i 
 75 
 
 134 
 26$ 
 40 
 534 
 66$ 
 80 
 
 14$ 
 29 
 433 
 584 
 73 
 87$ 
 
 15 
 30 
 45 
 60 
 75 
 90 
 
 164 
 33} 
 50 
 66$ 
 fc3} 
 1-00 
 
 183 
 37$ 
 56} 
 75 
 933 
 1-12$ 
 
 20J 
 41$ 
 62J 
 83} 
 1-04 
 1-25 
 
 7 
 8 
 9 
 10 
 11 
 12 
 
 59} 
 66$ 
 75 
 
 834 
 
 9U 
 1 00 
 
 70 
 80 
 90 
 100 
 MO 
 1-20 
 
 73 
 834 
 .933 
 1-04 
 1-14$ 
 1-25 
 
 814 
 934 
 1-05 
 1-16$ 
 1-28} 
 1-40 
 
 ri7$ 
 1-00 
 1-12$ 
 1-25 
 1-37| 
 1-50 
 
 934 
 1-064 
 1-20 
 1-33J 
 1-46$ 
 1-60 
 
 102 
 1-16$ 
 1-3U 
 1-45| 
 1-604 
 175 
 
 1-05 
 1-20 
 1-35 
 1-50 
 165 
 1.80 
 
 1.16$ 
 1334 
 1-50 
 1 66$ 
 1-83} 
 200 
 
 1-314 
 
 1-50 
 1-683 
 1-87$ 
 2-06} 
 2-25 
 
 1-45J 
 l-6<>3 
 
 1-87J 
 2-084 
 2-29 
 2-50 
 
 13 
 14 
 15 
 16 
 17 
 13 
 
 1-08| 
 1-16$ 
 125 
 1-331 
 1414 
 1-50 
 
 1-3U 
 140 
 1-50 
 1-60 
 1-70 
 1-80 
 
 1-351 
 1 45| 
 1-56 
 1-66$ 
 177 
 1.87$ 
 
 1-5 U 
 1-634 
 1 75 
 1-964 
 19b} 
 2-10 
 
 1-024 
 1-75 
 1-87$ 
 2-00 
 2-124. 
 2-25 
 
 1.734 
 1-86$ 
 200 
 2-134 
 2'2t>i 
 240 
 
 1-89$ 
 2-04 
 2-18| 
 2334 
 2-48 
 262$ 
 
 1-95 
 2-10 
 225 
 240 
 255 
 2-70 
 
 2 16$ 
 23:)} 
 250 
 266$ 
 2-S3} 
 3-00 
 
 "FuTj 
 
 3-33} 
 3-5i 
 3-064 
 3-83} 
 4-00 
 
 2-43J 
 2-62, 
 2-81' 
 3-00 
 
 sas 
 
 3-37$ 
 
 2-703 
 2-91$ 
 3-12$ 
 3-33} 
 3-54 
 3-75 
 3-95J 
 4-16$ 
 4-37$ 
 4-58} 
 4-79 
 5-00 
 
 5-203 
 5-42 
 5-C24 
 ! 5-fe34 
 
 19 
 2.1 
 21 
 22 
 23 
 24 
 
 1-584 
 1-66$ 
 1 75 
 1-831 
 1-914 
 200 
 
 1 90 
 200 
 210 
 2-20 
 230 
 240 
 
 1.973 
 2084 
 2-18| 
 229 
 2-39* 
 2-50 
 
 221i 
 2-33J 
 2-45 
 2-564 
 
 263} 
 2-80 
 
 2-37$ 
 250 
 2-62$ 
 275 
 2 87$ 
 3-00 
 
 2-534 
 266$ 
 280 
 2934 
 3-06$ 
 3-20 
 
 277 
 2-91$ 
 3H64 
 3-26J 
 3-354 
 3-50 
 
 285 
 3-00 
 3-15 
 330 
 345 
 3-60 
 
 3-564 
 3-75 
 3-933 
 4-12] 
 4-314 
 4-50 
 4-6S^ 
 4-87$ 
 5-06J 
 5-25 
 
 25 
 26 
 27 
 
 28 
 
 2084 
 2-16$ 
 225 
 2-334 
 
 250 
 2.60 
 270 
 2-80 
 
 2 604 
 2701 
 2-81 
 291$ 
 
 2914 
 3034 
 3 15 
 326$ 
 
 3-12$ 
 3-25 
 337$ 
 3-50 
 
 3331 
 346$ 
 3-60 
 3-734 
 
 3-64$ 
 3-79 
 3-93J 
 
 4-08} 
 
 3-75 
 3-90 
 4-05 
 4-20 
 
 4-1U4 
 4-334 
 4-50 
 4-06$ 
 
 Days. 
 
 1-37$ 
 
 53 
 lit 
 174 
 
 SI -50 
 
 $1-62$ 91-75 
 
 SI -87$ 
 
 $2-00 
 
 82-25 
 
 $2-50 
 
 $2-75 |S3-dO*$3-25 
 
 \ 
 
 64 
 
 .121 
 18| 
 
 63 1 -74 
 1341 -141 
 20| -21} 
 
 w\ 
 
 15, 
 23j 
 
 1 
 16] 
 
 25 
 
 94 
 183 
 28 
 
 10; 
 
 20| 
 31 1 
 
 11$ 
 23 
 344 
 
 12$ 
 -25 
 
 37$ 
 
 9 
 
 40$ 
 
 I 
 2 
 3 
 4 
 5 
 6 
 
 23 
 46 
 
 68} 
 91, 
 1-14! 
 l-37i 
 
 25 
 50 
 75 
 1-00 
 1-25 
 1-50 
 
 27 
 54 
 
 814 
 1-08 
 1-35 
 1-62 
 
 29 
 584 
 874 
 1-164 
 1-45J 
 1-75 
 
 314 
 62J 
 93 
 1-25 
 1-564 
 1-87$ 
 
 66J 
 1-00 
 1-334 
 1-66J 
 2-00" 
 
 37$ 
 75 
 M2$ 
 1-50 
 1-87$ 
 2-25 
 
 414 
 83} 
 1-25 
 1-66$ 
 
 2-osJ 
 
 2-50 
 
 45; 
 91, 
 1-37; 
 1J 
 2-29 
 2-75 
 
 50 
 1-00 
 1-50 
 2-00 
 2-50 
 3-00 
 
 54 
 1-084 
 1-62$ 
 2-16$ 
 2-70^ 
 3-25 
 
 7 
 8 
 9 
 10 
 11 
 12 
 
 1-60J 
 1-834 
 2-064 
 2-29 
 252 
 2-75 
 
 1-75 
 2-00 
 2-25 
 2-50 
 2-75 
 3-00 
 
 1-894 
 
 2-ir>; 
 
 2-43^ 
 2-70' 
 2-98 
 3-25 
 
 2-04 
 2-334 
 2-624 
 2-914 
 3-20? 
 3-50 
 
 2-183 
 2-50 
 2-81 J 
 3-12J 
 3-43J 
 3-75 
 
 2-334 
 2-6fil 
 3-00 
 3-334 
 3-66] 
 4-00 
 
 2-62$ 
 3-00 
 3-37$ 
 3-75 
 4-12$ 
 4-50 
 
 2-91$ 
 3-334 
 3-75 
 4-16J 
 4-58? 
 5-00 
 
 3-2II3 
 3-66$ 
 4-12$ 
 4-58} 
 5-04 
 5-50 
 
 3-50 
 4-00 
 4-50 
 5-00 
 5-50 
 6-CO 
 
 3-79 
 4-334 
 4-K74 
 5-41$ 
 5-95J 
 6-50 
 
 13 
 14 
 15 
 16 
 17 
 IS 
 
 2-98 
 3.21 
 3-43} 
 
 3-66: 
 
 3-39; 
 4-12: 
 
 3-25 
 3-60 
 3-75 
 4-00 
 4-25 
 4-50 
 
 3-52 
 3-79 
 4-064 
 4-33; 
 4-60 
 4-87, 
 
 3-79 
 4-084 
 4-371 
 4-664 
 4-95} 
 5-25 
 
 4-Ofi; 
 
 4-37; 
 4-68 ; 
 5-00 
 5-314 
 5-62$ 
 
 4-334 
 4-66$ 
 5-00 
 5-334 
 5-66] 
 6-00 
 
 4-87$ 
 5-25 
 5-62$ 
 600 
 6-37$ 
 6-75 
 
 5-41$ 
 5-83} 
 6-25 
 6-66$ 
 7-084 
 7-50 
 
 5-95J 
 6-41, 
 
 o-s/; 
 
 7-a3j 
 
 7-79 
 8-25 
 
 6-50 
 7-Oil 
 7-50 
 8-00 
 8-50 
 9-00 
 
 7-04 
 7-584 
 8-124 
 8-66i 
 9-2()| 
 9-75 
 
 19 
 20 
 21 
 22 
 23 
 24 
 
 4-35, 
 
 4.5s: 
 
 4-81 ; 
 5-04 
 5-27 
 5-50 
 
 4-75 
 5-00 
 525 
 5-50 
 5-75 
 6-00 
 
 5-14, 
 5-41 
 5-68 
 5-95' 
 6-22 
 6-50 
 
 5-54 
 
 5-834 
 6-12J 
 6-414 
 6-70f 
 7-00 
 
 5-93J 
 6-25 
 6-564 
 6-87J 
 7-18J 
 7-50 
 
 6334 
 666$ 
 7-00 
 7-334 
 7664 
 8-00 
 
 7-12$ 
 7-50 
 7-87$ 
 8-25 
 8-62$ 
 9-00 
 
 7-91$ 
 8-33} 
 8-75 
 9-16$ 
 9-584 
 10-00 
 
 8-70 
 9-16 
 9-62 
 10-08 
 10-54 
 11-00 
 
 9.50 10-29 
 10-00 .10-834 
 1(1-50 ll-37i 
 11-00 .11-9H 
 11-50 12-453 
 1200 13-00 
 
 25 
 26 
 27 
 
 28 
 
 5-73 
 5-96 
 618J 
 6-41, 
 
 6-25 
 6-50 
 ;6-75 
 700 
 
 6-77 7-29 
 7-04 7-584 
 7-314 7-87J 
 758} 8-164 
 
 7-81. 
 8-12. 
 
 8-43; 
 8-75 
 
 8-334 
 8-664 
 9-00 
 
 9-334 
 
 9-37$ .10-41$ 
 9-75 10-834 
 10-12J 11-25 
 
 10-50 111 -664 
 
 11-45 
 11-91 
 12-37 
 12.83 
 
 12-50 13-54 
 13-00 14-OrU 
 13-50 14-6-4 
 14 -(Hi 15-lf,|
 
 RATES OF WAGES BY DAY AND WEEK, 
 f Wapes Per Weekjrom $3-50 to. 512-00.] 
 
 103 
 
 Days. 
 
 i-50 
 
 *3-75 
 
 $1-00 
 
 $4-25 
 
 $4-50 
 
 183 
 374 
 56J 
 
 S4-75 
 
 $5-00 $5-25 
 
 $5-50 
 
 S5-75 
 
 Sii-IKI 
 
 | 
 
 14J 
 29 
 
 43j 
 
 15] 
 31] 
 46; 
 
 161 
 
 33} 
 
 50 
 
 17 
 35 
 53 
 70 
 1-41 
 2-12 
 2-S3 
 3-54 
 4-25 
 
 19; 
 39i 
 59] 
 
 203 
 4H 
 62J 
 
 21; 
 43; 
 
 65J: 
 
 : 4 1i 
 
 68j 
 
 24 
 
 48 
 71J 
 
 25 
 50 
 75 
 
 2 
 3 
 4 
 5 
 
 
 581 
 l-ioi 
 1-75 
 2-331 
 2-914 
 3-50 
 
 624 
 1-25 
 187J 
 2-50 
 3-121 
 3-75 
 
 664 
 1-33J 
 
 2.00 
 2-664 
 3-33} 
 4-00 
 
 75 
 1-50 
 2-55 
 3-00 
 3-75 
 4-50 
 
 5-25 
 6-00 
 6-75 
 7-50 
 8-25 
 9-00 
 
 79 
 1-581 
 2-374 
 3-I6J 
 3-95J 
 4-75 
 
 83J 
 1-66] 
 2-50 
 3-33J 
 4>l 
 5-00 
 
 971 
 1-75 
 2-021 
 3-50 
 4-371 
 5-25 
 
 9U 
 1-83} 
 2-75 
 3-661 
 4-581 
 5-50 
 
 953 
 1-91, 
 
 2-s-; 
 
 3-83] 
 4-79 
 5-75 
 6-70 
 7-66 
 8-62; 
 9-58 
 10-54 
 11-50 
 
 1-00 
 2-00 
 3-00 
 4-00 
 5-00 
 6-00 
 7-00 
 
 : e-oo 
 
 9-00 
 10-00 
 :ll-oo 
 12-00 
 
 7 
 8 
 9 
 10 
 11 
 12 
 
 4-031 
 4-664 
 5-2.5 
 5-831 
 6-414 
 7-00 
 
 4-374 
 5-0(1 
 5-021 
 6-25 
 6-871 
 7-50 
 
 4-664 
 5-331 
 
 6-00 
 6-664 
 7-33} 
 8.00 
 
 4-95J 
 5-66J 
 6-37 
 7-08J 
 7-79 
 9-50 
 
 5-54 
 6-33J 
 7-12] 
 7-9 ll 
 8-703 
 9-50 
 
 5-33J 
 6-66] 
 7-50 
 
 8-a3j 
 
 9- 16] 
 10-00 
 
 6-124 
 7-00 
 7-871 
 8-75 
 9-621 
 10-50 
 
 6-4 U 
 7-33J 
 8-25 
 9-16A 
 lO-OSJ 
 11-00 
 
 13 
 14 
 15 
 10 
 
 17 
 
 18 
 
 7-581 
 8-164 
 8-75 
 9-33} 
 9-914 
 10-50 
 
 8-121 
 8-75 
 9-374 
 10-00 
 10-621 
 11-25 
 
 8-664 
 9-33} 
 10-00 
 10-664 
 ll'33| 
 12-00 
 
 9-20; 
 9-91i 
 10-62) 
 11-33; 
 12-04 
 12-75 
 
 9-75 
 10-50 
 11-25 
 12-00 
 12-75 
 13-50 
 
 10-29 
 11-08J 
 11-87 
 12-66J 
 13-15 
 14-25 
 
 10-83J 
 11-66) 
 12-50 
 13-331 
 14-16) 
 15-00 
 
 1 1-371 
 12-25 
 13-121 
 14-00 
 14-874 
 15-75 
 
 11-91J 
 12-83J 
 13-75 
 
 i-Hii;;. 
 
 15-58J 
 16-50 
 
 12-453 13-00 
 13-4U 14-00 
 14-37A 15-00 
 15-33} 16-00 
 16-29 '17-00 
 17-25 : 18-00 
 
 19 
 20 
 21 
 2-2 
 23 
 21 
 
 1I-031J11-871 
 11 66} 12-50 
 12-25 j 13- 121 
 12-831 13-75 
 13-4l4il4-374 
 14-00 15-00 
 
 14-53} 15-024 
 15-164 16-25 
 5-75 16-874 
 16-33J 1 7- 50 
 
 12-OtU 
 13-33} 
 14-00 
 14-664 
 15-33} 
 16-00 
 
 13-45| 14-25 
 14-164 15 ' 
 14-871 15-75 
 15-58} 16-50 
 16-29 117-25 
 17-00 1 18-00 
 
 15-04 
 15-83 i 
 16-624 
 17-414 
 1 8-20J 
 19-00 
 
 15-831 
 I6-66| 
 17-50 
 
 is-aoi 
 
 19-164 
 ,20-00 
 
 16-624 17-414 
 17-50 j 18.331 
 18-37l|l9-25 
 19-25 20-104 
 20-124 21-08} 
 21-00 22-00 
 
 18-203 1 ( J'0 
 19-164 2"-"0 
 20-12A 21-00 
 21-08} 22-00 
 22-04 23-00 
 23-00 24-00 
 
 2.5 
 20 
 27 
 23 
 
 16-664 17-70J 18-75 
 17-33}] 18-4H 19-50 
 18-00 1 19- 12* 20-25 
 18-664 119-83} 21-00 
 
 19-79 i20-831|21-871 22-911 
 20-581 21-66122-75 2:3-831 
 21-371 22-50 23-624124-75 
 22-164 23-33f 24-50 J25.664 
 
 23-!5j 
 24-91J 
 25-87J 
 26-83] 
 
 25-00 
 26-00 
 27-00 
 28-00 
 
 D7 V . 
 
 $6-50 
 
 $7-00 
 
 $7-50 $3-00 $8-50 
 
 S9-00 
 
 $9-30 
 
 $10-00 
 
 S10-50 
 
 $11-00 
 
 $12-00 
 
 50 
 1-00 
 150 
 
 
 27 
 54 
 
 811 
 
 29 
 581 
 871* 
 
 311 
 624 
 93j 
 
 33 
 66 
 1-00 
 
 1-331 
 2-6(i| 
 4-00 
 5-33 
 6-66 
 8-00 
 
 351 
 
 701 
 
 i-oej 
 
 371 
 75 
 1-124 
 
 39J 
 79 
 1-181 
 
 4U 
 83j 
 1-25 
 
 43} 
 87* 
 l-3l| 
 
 453 
 9ll 
 1-371 
 
 1 
 2 
 3 
 4 
 5 
 6 
 
 I-08J 
 2-ltU 
 3-25 
 4-331 
 5-414 
 6-50 
 
 1-164 
 2-331 
 3-50 
 4-664 
 5-S31 
 7-00 
 
 1-25 
 2-50 
 375 
 5-00 
 6-25 
 7-50 
 
 1-414 
 
 2-83J 
 4-25 
 5-664 
 7-061 
 8-50 
 
 1-50 
 3-00 
 4-50 
 6-00 
 7-50 
 9-00 
 
 1-581 
 3-164 
 4-75 
 6-331 
 7-9lJ 
 9-50 
 
 1-661 
 3-331 
 5-00 
 0661 
 8-33J 
 10-00 
 
 1-75 
 3-50 
 5-25 
 7-tX) 
 8-75 
 10-50 
 
 1-831 
 3-664 
 5-50 
 7-331 
 9- 161 
 11-00 
 
 2-00 
 400 
 0-00 
 8-00 
 10-00 
 12-00 
 
 7 
 8 
 9 
 10 
 11 
 12 
 ~W~ 
 14 
 15 
 16 
 17 
 18 
 
 7-581 
 8-66 j 
 9-75 
 10-83} 
 I1*9U 
 13-00 
 
 8-164 
 9-331 
 10-50 
 It-Mi 
 ia-831 
 14-00 
 
 875 
 10-00 
 11-25 
 12-50 
 13-75 
 15-00 
 
 9-331 9-9H 
 10 661 11-331 
 12-00 12-75 
 13-331 14-161 
 14-661 IS'SSi 
 16-00 17-00 
 
 10-50 
 12-00 
 13-50 
 15-00 
 16.50 
 18-00 
 
 11-081 
 12-664 
 14-25 
 15-831 
 17-4H 
 19-00 
 
 11-661 12-25 
 13-331 14-00 
 15-IK) 15-75 
 16-664 17-50 
 18-331 19-25 
 2'l-00 ^1-00 
 
 12-831 
 14-664 
 16-50 
 18-a31 
 20-164 
 22-IKI 
 
 14-00 
 16-00 
 18-00 
 20-00 
 22-(K) 
 24-00 
 
 jd-TMT 
 
 2H-00 
 30-00 
 32-00 
 34-00 
 36-IK) 
 
 14-08! 
 15-164 
 16-25 
 17-331 
 18-41] 
 19-50 
 
 15-181 
 
 16-3.31 
 17-50 
 18664 
 19-83] 
 21-00 
 
 16-25 
 17-50 
 18-75 
 20-00 
 21-25 
 2-2-50 
 
 17-331 18-4U 
 
 18-664 19-835 
 20-00 21-25 
 21-331 22-66J 
 22-664 24-081 
 24-00 25-50 
 
 19-50 
 21-00 
 22-50 
 24-00 
 25-50 
 27-dO 
 
 20-581 
 22-161 
 23-75 
 25-331 
 26-9U 
 28-50 
 
 21-6>4 22-75 
 23-331 24-50 
 25-00 26-25 
 26-64 28-00 
 23-331 29-75 
 30-00 31-50 
 
 23-S31 
 25-(W>4 
 27-50 
 29-331 
 71-164 
 W-0(l 
 
 19 
 20 
 21 
 22 
 23 
 21 
 
 20-581 
 21-664 
 22-75 
 23-831 
 
 M-ml 
 
 26-0(1 
 
 22-161 
 
 e-33j 
 
 21-50 
 25-664 
 M-801 
 
 .'--mi 
 
 23-73 25-331 26-91 1I28-50 
 
 25-oo ae-oei ae-sMBo-M 
 
 2H-25 128-00 29-75 31-50 
 27-50 2!Km 31 16J 33-00 
 28-75 30-664 32-58fl34-50 
 30-00 32-00 34-00 136-00 
 
 30-081; 
 31-664i 
 33-25 
 34-831 
 36-414 
 39-00 
 
 31 -Wl 33-25 
 33-331 35-00 
 35-0) 3i;- 75 
 36-664 38-50 
 38-331 4(1-25 
 4D-00 42-00 
 
 M-831 
 36-6' il 
 38-50 
 10-33} 
 12-16J 
 14-00 
 
 3S-00 
 40-00 
 42-00 
 44-00 
 46-00 
 48-00 
 
 25 
 26 
 27 
 29 
 
 27-0*1 
 98-HM 
 2925 
 30-331 
 
 29-164 ; J>-25 ,33-331 35-4 U 37-50 
 30-33J 32-50 31 66j 36-83139-00 
 31-50 33-75 36-00 38-25 40-50 
 32-664 35-00 37-331 39-66j:42-00 
 
 39-581 41 ' 66 i 43-75 
 41 -16443-331 45-50 
 42-75 ; 45-00 47-25 
 11-331 .16-064 49-IH) 
 
 15-831 50-00 
 17-liOj .52-00 
 19-50 ,54-00 
 51-33'' 5T>-(H)
 
 104 WAGES TABLE, BY THE MONTH. 
 
 [ Wages per Month, from $ 5-00 to $ 30-00] 
 
 CO 
 
 Etjl 
 
 O 
 
 01 
 
 
 
 H 
 u 
 
 g 
 
 H 
 
 - 
 
 r-i 
 *^ t 
 
 > "O 
 
 :. m 
 
 H -c^l 
 
 c = ' 
 
 Issl 
 
 c '. * 5 
 
 " 
 
 c^ 
 B 
 
 O 
 
 a 
 
 H 
 3 
 
 C 
 
 C 
 
 * 
 
 Q 
 
 hi 
 
 P 
 
 tf - 
 
 ' l 
 
 -. o c)cr>O!Ct>-<Bc-. c c 
 
 cic^cJCJ-NCJCYcScS 
 
 cr 4 ^ ccciiocjco^rc 
 
 {7cc^ cSI 
 
 
 s;; ?}?>; 
 
 
 -. ro-. ujoto !e?i~5jQpc? 
 
 - 
 
 >-"i-iC"trTrlQtCtCI^QOODOC:O T'lClCTTT-UOtC 
 
 : o at o o ?> T; cr c~ 
 
 CJUMW^TTlOOlOt^l^XXC-. C-. OO O C C5 
 
 1 <-n-ioir5^"<r'nooffi^t^<DCDO>o-. oo TICI 
 
 ooj^t^onoriooc-. c-. oc 
 
 wto OOIOCJTOV cooo5)i-w-s 
 Truo oaf inx-Mod-. -wiSirjt 
 
 ". O - ?l C C 1 ? 7 O '^> l~* X/ C: C: o 
 
 *t=c-. ^0* ^UoftoS
 
 R E ADY RECKON ER FREIGHTS EXCH ANG E. 
 
 105 
 
 Ready Reckoner for Boarding Houses, Hotels, fye. 
 
 Bc Tables give the amount of every, and any number of Days, from 1 to 7, at from 
 
 .*> Cent. to'U Dmlars per week.] 
 When the board exceeds $10. per week, add together, or double two numbers. 
 
 Dnys. 
 
 50 c. 
 
 75 c. 
 
 8 1 00 
 
 $1 25 
 
 SI 5o'$l 75 
 
 82 00 
 
 ?2 25 
 
 $2 50 
 
 $3 00 
 
 1 
 2 
 3 
 4 
 5 
 6 
 7 
 
 7 
 14 
 
 21 
 29 
 36 
 43 
 50 
 
 11 
 
 2] 
 32 
 43 
 54 
 
 04 
 75 
 
 11 
 29 
 43 
 57 
 71 
 82 
 1 0) 
 
 13 
 36 
 54 
 
 71 
 H> 
 1 07 
 1 '->5 
 
 21 
 43 
 64 
 
 86 
 1 07 
 1 29 
 
 1 50 
 
 25 
 50 
 
 75 
 1 00 
 1 25 
 1 50 
 1 '.5 
 
 29 
 57 
 86 
 1 14 
 1 43 
 1 71 
 2 00 
 
 32 
 64 
 
 !"i 
 1 29 
 1 61 
 1 93 
 2 25 
 
 36 
 71 
 1 07 
 1 43 
 1 79 
 2 14 
 2 50 
 
 43 
 86 
 1 29 
 1 71 
 2 14 
 2 57 
 3 UO 
 
 Days. 
 
 $3 50 
 
 84 00 
 
 84 50 
 
 85 00 
 
 86 00 
 
 87 00 
 
 88 00 
 
 89 00 
 
 81000 
 
 1 
 
 2 
 3 
 4 
 5 
 6 
 
 50 
 1 00 
 1 5(1 
 2 (K) 
 2 50 
 3 00 
 3 50 
 
 57 
 1 14 
 
 1 71 
 2 29 
 2 86 
 3 43 
 
 1 (K) 
 
 64 
 1 2 
 1 U3 
 2 57 
 3 21 
 3 8(5 
 4 50 
 
 1 i:t 
 2 14 
 286 
 3 57 
 4 29 
 5 
 
 80 
 1 71 
 2 57 
 'I 43 
 4 29 
 5 14 
 
 o uo 
 
 1 00 
 2 00 
 3 00 
 4 no 
 5 00 
 6 00 
 7 00 
 
 1 14 
 2 29 
 3 43 
 4 .'7 
 5 71 
 6 86 
 8 00 
 
 1 29 
 2 57 
 3 80 
 . r > 14 
 6 43 
 7 71 
 9 00 
 
 1 43 
 
 286 
 4 29 
 5 71 
 7 14 
 
 8 7 
 
 10 OU 
 
 FREIGHTS. QUANTITY OF GOODS WHICH COMPOSE A TON. 
 
 From the By-Laws oftht Netr York Chamber of Con.merce. 
 That the articles, the bulk of which casks, seven hundred in bags, and 
 hull cii pose u ton. u> equal A TON of eight hundred in hulk. 
 
 heavy materials, shall be ill Weight us 
 follow*: I .~ii>- MI*. <ii cciilee in casks, 
 1830 ll>s inlmgs; 1 120 Ibs. of cocoa in 
 casks. 1307 Ibs. in bugs. 
 
 952 II).-. pimento in casks, 1110 in 
 bags. 
 
 Kigln barrels of floor, 196 Ibs. each- 
 Six barrel* of beef, pork, tallow 
 pickled fish, pitch, lar mid turpentine- 
 Twenty hundred pounds ol pig und 
 
 Two hundred gul'niis (wine mea- 
 sure,) reckoning tin lull contents of 
 the casks, oil, wine, brandy, or any 
 kind of liquors. 
 
 Tweniy-two bushels of grain, peas, 
 or beans, in casks. 
 
 Thirty-six bushels of grain in bulk , 
 
 Thiny->ix bushelsol Kuropean salt. 
 
 Thirty-one bushels \V. I mil:, salt. 
 
 Twenty-nine bushels ol sen-coal. 
 
 Sixteen hundred pounds of coffee. 
 
 One hogshead of lobacco, and ten 
 cocoa, and dr.ed codfish, in bu Ik. and hum)re r] pounds of drv hides, 
 twelve hundred pounds of dried cod- Kjghl | lundlv ,, p , iul| - ( | s ,,f China raw 
 
 fish in ca-ks ofany size. 
 
 Six hundred pounds of ship bread in and 800 green lea. 
 
 silk, len hundred pounds of nelbohea, 
 
 EXCHANGE ON ENGLAND. 
 
 5 pr. ct. 4.66 717 pr. ct. $4.75.6 I 8} pr. ct. $4.83.3 10 
 5J . . . 4 680 I 7i . . . 4.76.7 I 9 . . . 4.84.4 10 
 5| . . . 4.70.0 I 7i . . . 4.77.8191 . . ; 4.8.5.6 11 
 
 6 ... 4.71.1 7J ... 4.78.9 | ol . . . 4.86.7 , 11, 
 61 . . 4.722 I 8 . . . 4.80.0|9| . . . 4.87.8 | 11 
 61 ... 4.73.3 I 81 ... 4.81.1 10 . . . 4.88.9 11 
 6} 4.74.4 Is}... 4.82.2 I 101 . . . 4.90 .0 I 12 
 
 Old par value of the Pound Sterling is 8444.4. Present inndard value is 
 SI 84.4 When exchange is at 9 per cent, it is then at par value ; if less than 
 it is below, if higher than 9 it is above. 
 
 To reduce old par value, 84 44.4, to dollars, multiply by 40, and divide by 9. 
 To reduce dollars to oid par value, reverse by multiplying by 9 and dividing 
 by 40. The shillings and pence rnul first be reduced to decimal* of a pound. 
 
 pr. ct 4.91.1 
 
 . . . 4.92.2 
 
 . . . 493.3 
 
 . . . 4.1)4.4 
 
 . 4.U5.6 
 
 . . . 4.06.7 
 
 . 4.97.8
 
 106 
 
 INTEREST TABLE AT 6 PER CENT. 
 
 
 s 
 
 <; 
 
 ^^^. coirJ-c-. c3ojc7oomcmc 
 
 1 1 
 
 
 CO 
 
 a. 
 
 -^^.CO-fl-tt-^jo 
 
 ?2 1 
 ~ 3 
 
 rM 
 
 e 
 
 01 
 
 
 
 
 
 , , <-< ' ^ >ra o 
 
 '1 S 
 
 !i ' 
 
 
 
 ti 
 
 1-t 
 
 * 
 
 
 
 s .s 
 
 <<U 
 1 
 
 
 
 CO 
 
 
 
 4 '~''~'WC*C3COC3^s'^* 1 CiTC5"r^ 
 
 M-Z a s 1 
 
 S -3 5 1 ~ 
 
 K 
 
 05 
 C\! 
 
 % 
 
 ^^^^*2^^??5Hi|i 
 
 = 5 -OTJ 
 
 EC 
 
 0,| 
 
 00 
 
 I 
 
 -"^ "*"' '25S2 
 
 ~S N Ic. 
 
 el ^s 
 
 H t 
 
 
 
 * 
 
 0-. rte . OI 0*.-0 5 C 2 00 S g; S ^0 5a .^p2|5 
 
 g 
 
 <S 
 U ji 1 
 
 CO 
 
 
 
 o- <rt c,^*cc,. : - o ? g 5 ^^ 
 
 ' 2 7 
 s^x 3 s S 
 
 o 5 
 <-! 
 
 8 
 
 I 
 
 o e 9 ** 2 - a8SS 58;^3 = 
 
 ^ i E 
 
 So 2 
 = 3 3 M 
 
 ^ 
 
 3 
 
 5 
 
 = - K>"*22gggggs^^ 
 
 I S I W 
 
 jg 
 
 <o 
 
 oo 
 
 
 o^^c,c,c,c,c, v co-. 2S g 5 o S g s ^gg 
 
 
 t: I? 
 
 N 
 IM 
 
 1 
 
 c ,-,^ rt c, n ^i^ SSg joc ? g ? ^^g 
 
 ? 
 
 r* 
 
 
 
 f/t 
 
 o^^^ncoc^oss^g-gg^cji 
 
 ?i||g|| 
 
 1 2 
 
 01 1 
 
 O 
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 p 
 
 o-^-CNdWOWo^ocoooggoggg^^ 
 
 K c u u S 
 
 * S5""Mte 
 
 >, 
 * 
 
 05 
 
 * 
 
 0^^0,<NC,C, S C 0322S 3 g SS5 ^2 
 
 
 OS 
 >> 
 
 00 
 
 u 
 
 * 
 
 o-,-^- e , , 32 ao- SS jgg S g^ 
 
 f - 5 Isi-i> I 
 ^- H ^ I 
 
 tO -3 
 
 eo 
 
 5 
 
 
 
 , -sifco.S.oS-.^ 
 
 stills ^ 
 
 t 
 
 
 .-1 
 
 /J 
 
 = ^, - 5 ,C 1 c,CD- f , 2 oo-;;ggc;^| 
 
 airr 
 
 p 
 
 m 
 I-l 
 
 'A 
 
 00 ^ , ^Ni, W -r^=--^- 
 
 g 
 
 I 
 
 a 
 
 w 
 
 oo-~~rHowCTW.or-02j3JOco5jg3oog.2i? 
 
 S 
 
 J* 
 
 3 
 
 o 
 
 O -1 ~ -< r1 ( ~ " II5 '' a ' <OCS SS!2~Sci?3So 
 
 x ^^^^^ 
 
 5? 
 
 *""* 
 
 i 
 
 
 S 
 
 **k 
 
 ^-1 
 
 2 
 
 ~~~~c,.-Sa ; 
 
 
 *-2 
 
 
 
 s 
 
 o_~. '-""""--"SSSSSSSSS^ 
 
 
 W 3 
 
 05 
 
 if 
 
 ooo~~r-~~~~c5-*or-o>ogc2<205g*^ 
 
 H J 
 /I? 1 
 
 
 
 w H 
 
 CO 
 
 
 
 
 
 ^ ~-~s>2 
 
 B | *SIS 
 
 E! 
 
 ^ 
 
 z 
 
 
 8 .- 
 50 S. .- i 
 
 ^ *" 
 
 cc 
 
 
 
 
 5 * fr 6 
 
 
 >0 
 
 u 
 
 
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 * S '^ '' ^ 
 
 W o 
 
 ^ 
 
 t! 
 
 =>000000~-Hr--4Cnn-*0Jt01-2gOgg 
 
 5 S -2 fi 
 
 ^ s 
 
 CO 
 
 u 
 
 0000000000->CT!NOW<r-<J-0 = i2 = OC; 
 
 * .s as 
 
 -^ c 
 
 OJ 
 
 
 
 oooooo'ooso.^ * <c-jc**cortc5r*oc? 2 ^ 
 
 W x > * 
 
 - h 
 
 ^H 
 
 u 
 
 0000=00 = 0000--- --C<Ot-COW 
 
 h S g 
 
 
 ?> 
 
 , 
 
 o 
 
 b 
 
 O-Dolls. 
 
 -<NW^t-COOOOOOOOOOOg|gg|| 
 
 2 U || 
 
 S ill 
 
 '5^5 
 
 1
 
 NE\? YORK BANK INTEREST TABLE FOR 365 DAYS AT 7 PER CENT. PER ANNUM. 
 
 [From One Dollar to One Thousand, and from One Day to Thirty Days, and to Three Months. Carefully compared with the best Tablet.] 
 
 INTEREST TABLE AT 7 PER CENT. 
 
 XAUI-LE AT 7 I'EE CENT. When 7 per cent interest is required add to the interest 
 of U per cent its one-sl.xth us follows : 
 n te rest on 1 / dollars. 
 Suppose the interest 3C cts, as in example on page 107. 
 100 for 19 days, S6 cento. ^.^ <|f ^ ) ^ ^^ ^ Jo ^ ^^ ^ 
 
 70 for 19 days, 36 centi. interest of * 3)0 for 11 days at 7 per cent.: and so 
 if 8 per cent is required, add one-third : and if S per f 
 Aniirtr, 63 Mntsv cent U required, deduct one-tilth from 6 per cent. ~j 
 
 S 
 
 J 
 
 w^Or-o-^-roaoggogcsSsg^go^too 
 
 rt co o f- c r- 
 
 s 
 
 01 
 
 
 
 >22S53!?SgS^|^| 
 
 ~l*ii e " 9twc "* oia * s -35S55S8|5gSS 
 
 
 M 
 
 
 
 n M n n * n j o TJ <- j; s> o -a -. r o r: 3 "erj "o 
 
 u 
 
 9--j:gg}S3igr^ss| 
 
 8 
 
 <i> 
 
 www^^resS=f^55^j^2J| 
 
 CM 
 
 .r> 
 
 --s.Nwn^^oooo-gjjo-jjg^n^ 
 
 S 
 
 f- 
 
 o *^-o = . 2 = ? 5 = o = , ? = |g|^g 
 
 >0 
 
 IN 
 
 .i 
 
 = --, -02333858558^5 J 
 
 CM 
 
 
 
 CJ 
 
 a 
 
 _ 
 
 ''''^sws^sw?!! 
 
 i 
 
 *^?;^*^*55???IE"-53 
 
 
 i- 1 (NT 
 
 a 
 
 
 
 ' -^SS^c^cocjeoS 
 
 s 
 
 
 
 o c.. o ^5J5??3-SI 
 
 
 CO 
 
 d 
 
 * 
 
 
 
 ^^^TlC^-'COCOOOCO^*^ 
 
 --ct . - co2^g 
 
 c 
 
 -H 
 
 Z 
 
 gJ22^ 
 
 >0 
 
 
 
 *_*^^5f?????*51i 
 
 XAUPLE AT 7 pER CENT. SECOND E 
 
 hs and 8 days interest on $ 95. . i^iinj 
 90 for 2 mo. is g !" Required 19 day. 
 A for 2 mo. Is 6 Interest on ft 
 90 for 8 days it M Interest on S 
 J4forduyils 
 
 Answer, glM 
 
 
 
 r-* 
 
 n 
 
 n 
 
 * 
 
 o- *SS3SasSS8Sg| 
 
 = = -,-,--, e ,e..^ 2 . 2 , : = g } 8 gp^5 
 
 I 
 
 = . c.w^ 32g2 - g5 g g ^ 
 
 1 
 
 ^ N " sa '5 
 
 
 
 
 
 
 
 o c,gr-^ 
 
 2 
 
 = 0-.--- 5 " )<not ~ 0> -i-_^Sos>Si- : 
 
 X 
 
 o 
 
 * 
 
 i 
 
 
 t- 
 
 SJ-rSo^ 
 
 
 
 oooor-rtr-i <t-io>ooraoo>o?ii!3xo 
 
 ^^ " C4 CO T O 
 
 o [u 
 
 o 3 o o o -- -<-.r<!n^fioer-o^eiOO^jaD^;^ 
 
 * o 
 
 S 
 
 oo=> = oo - WJtnvioxjwr-aniojj gj; 
 
 = 00 = 3 = 00- WNWM-WOXJO^r^SJjtio 
 
 
 FIRST E 
 Required 2 mon 
 Intercut on ,< 
 Interest on ; 
 Interest on .' 
 Intcrast on , 
 
 
 
 1 
 
 .......sa8n
 
 108 
 
 MONTH AND YEAR INTEREST TABLES. 
 
 MONTH AND YEAR INTEREST TABLES 
 
 MONTH INTEREST TABLE, AT SIX PER CENT PER ANNUM. 
 
 [See Table of Interest, by Day, at page 106.] 
 
 Doll. 
 
 F 
 
 1 Mo 
 
 2 Mo 
 
 3 Mo 
 
 4 Mo 
 
 5 Mo 
 
 6 Mo 7 Mo 8 Mo\$ Mo 
 
 10 M 
 
 11 M 
 
 1 Vr 
 6 
 
 1 
 
 1 
 
 2 
 
 2 
 
 3 
 
 3 
 
 4 
 
 4 
 
 5 
 
 ' 5 
 
 6 
 
 2- 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 10 
 
 11 
 
 12 
 
 3- 
 
 2 
 
 3 
 
 5 
 
 6 
 
 8 
 
 9 
 
 11 
 
 12 
 
 14 
 
 15 
 
 17 
 
 18 
 
 4- 
 
 2 
 
 4 
 
 6 
 
 8 
 
 10 
 
 12 
 
 14 
 
 16 
 
 18 
 
 20 
 
 22 
 
 24 
 
 5- 
 
 3 
 
 5 
 
 8 
 
 10 
 
 13 
 
 15 
 
 18 
 
 20 
 
 23 
 
 25 
 
 28 
 
 30 
 
 6' 
 
 3 
 
 6 
 
 9 
 
 12 
 
 15 
 
 18 
 
 21 
 
 24 
 
 27 
 
 30 
 
 33 
 
 36 
 
 7" 
 
 4 
 
 7 
 
 11 
 
 14 
 
 18 
 
 21 
 
 25 
 
 28 
 
 32 
 
 35 
 
 39 
 
 42 
 
 8- 
 
 4 
 
 8 
 
 12 
 
 16 
 
 20 
 
 24 
 
 28 
 
 32 
 
 36 
 
 40 
 
 44 
 
 48 
 
 9- 
 
 5 
 
 9 
 
 14 
 
 18 
 
 23 
 
 27 
 
 32 
 
 36 
 
 41 
 
 45 
 
 50 
 
 54 
 
 10- 
 
 5 
 
 10 
 
 15 
 
 20 
 
 25 
 
 30 
 
 35 
 
 40 
 
 45 
 
 50 
 
 55 
 
 60 
 
 15- 
 
 8 
 
 15 
 
 23 
 
 30 
 
 38 
 
 45 
 
 53 
 
 60 
 
 68 
 
 75 
 
 83 
 
 90 
 
 20- 
 
 10 
 
 20 
 
 30 
 
 40 
 
 50 
 
 60 
 
 70 
 
 80 
 
 90 
 
 1-00 
 
 1-10 
 
 1-20 
 
 25 
 
 13 
 
 25 
 
 33 
 
 50 
 
 63 
 
 75 
 
 88 
 
 100 
 
 1-13 
 
 1-25 
 
 138 
 
 150 
 
 30- 
 
 15 
 
 30 
 
 45 
 
 60 
 
 75 
 
 90 
 
 1-05 
 
 1-20 
 
 1-35 
 
 1-50 
 
 165 
 
 1-80 
 
 40- 
 
 20 
 
 40 
 
 60 
 
 80 
 
 1-00 
 
 1-20 
 
 1-40 
 
 1-60 
 
 1-80 
 
 2-00 
 
 2 -20 
 
 2-40 
 
 50 
 
 25 
 
 50 
 
 75 
 
 1 00 
 
 1-25 
 
 1-50 
 
 1-75 
 
 2-00 
 
 2-25 
 
 2-50 
 
 2-75 
 
 300 
 
 60- 
 
 30 
 
 60 
 
 90 
 
 1-20 
 
 1-JO 
 
 1-80 
 
 2-10 
 
 2-40 
 
 2-70 
 
 3-00 
 
 3-30 
 
 3-60 
 
 70- 
 
 35 
 
 70 
 
 1-05 
 
 140 
 
 1-75 
 
 2-10 
 
 2-45 
 
 2-80 
 
 3-15 
 
 350 
 
 3-85 
 
 4-20 
 
 80- 
 
 40 
 
 80 
 
 1-20 
 
 1-60 
 
 2-00 
 
 2-40 2-30 
 
 3-20 
 
 360 
 
 4-00 
 
 4-40 
 
 4-0 
 
 90- 
 
 45 
 
 90 
 
 135 
 
 1-80 
 
 2-25 
 
 2-70 3-15 
 
 3-60 
 
 4-05 
 
 4-50 
 
 4-95 
 
 5-40 
 
 100- 
 
 50 
 
 1-00 
 
 1-50 
 
 2-00 
 
 2-50 
 
 3-00 
 
 3-50 
 
 4-00 
 
 4-50 
 
 500 
 
 5-50 
 
 6-00 
 
 200- 
 
 1-00 
 
 2-00 
 
 30i 
 
 4-00 
 
 5-00 
 
 6-00 
 
 7-00 
 
 8-00 
 
 9-00 
 
 10-00 
 
 INK) 
 
 12-00 
 
 300- 
 400- 
 
 1-50 
 2-00 
 
 3-00 
 4-00 
 
 450 
 6-00 
 
 6-00 
 8-00 
 
 7-50 
 10-00 
 
 9-00 
 1-2-00 
 
 10-50 
 14-00 
 
 1-2-00 
 16-00 
 
 1350 
 13-00 
 
 15-00 
 
 20-00 
 
 16-50 
 22-00 
 
 18-00 
 24-00 
 
 500- 
 1000- 
 
 2-50 
 5-00 
 
 5-00 
 10-00 
 
 7-50 
 1500 
 
 10-00 
 20-00 
 
 12-50 
 25-00 
 
 15-00 
 30-00 
 
 17-00 
 35-00 
 
 20-00 2-2-50 
 40-00 '45-00 
 
 25-00 
 50-00 
 
 27-50 
 55-00 
 
 3000 
 60-00 
 
 MONTH INTEREST TABLE, AT SEVEN PER CENT PER ANNUM. 
 
 [See Table of Jnterest, by Day, at page 107.] 
 
 Doll. 
 
 1 Mo 
 
 2 Mo 
 
 3 Mo 
 
 4 Mo 
 
 5 Mo 
 
 6 Mo 
 
 7 Mo 
 
 8 Mo | 9 Mo 
 
 lOMjltM 
 
 1 Yr 
 
 F 
 
 m 
 
 1 
 
 ~ r: 2 
 
 2 
 
 3 
 
 4 
 
 ~ -4 
 
 !-f 
 
 5 
 
 6 
 
 6 
 
 7 
 
 2- 
 
 1 
 
 2 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 9 
 
 It 
 
 12 
 
 13 
 
 14 
 
 3- 
 
 2 
 
 4 
 
 5 
 
 7 
 
 9 
 
 11 
 
 12 
 
 14 
 
 16 
 
 18 
 
 1!) 
 
 21 
 
 4- 
 
 2 
 
 5 
 
 7 
 
 9 
 
 12 
 
 14 
 
 16 
 
 19 
 
 21 
 
 23 
 
 26 
 
 28 
 
 5- 
 
 3 
 
 6 
 
 9 
 
 12 
 
 15 
 
 18 
 
 20 
 
 23 
 
 26 
 
 29 
 
 32 
 
 35 
 
 6- 
 
 4 
 
 7 
 
 11 
 
 14 
 
 18 
 
 21 
 
 25 
 
 28 
 
 32 
 
 35 
 
 39 
 
 42 
 
 7- 
 
 . 4 
 
 8 
 
 12 
 
 16 
 
 20 
 
 25 
 
 29 
 
 33 
 
 37 
 
 41 
 
 45 
 
 49 
 
 8- 
 
 5 
 
 9 
 
 14 
 
 19 
 
 23 
 
 28 
 
 33 
 
 37 
 
 42 
 
 47 
 
 51 
 
 56 
 
 9- 
 
 5 
 
 11 
 
 16 
 
 21 
 
 26 
 
 32 
 
 37 
 
 42 
 
 47 
 
 53 
 
 58 
 
 63 
 
 10- 
 
 6 
 
 12 
 
 18 
 
 23 
 
 29 
 
 35 
 
 43 
 
 47 
 
 53 
 
 58 
 
 64 
 
 70 
 
 15 
 
 9 
 
 .18 
 
 26 
 
 35 
 
 44 
 
 53 
 
 61 
 
 70 
 
 79 
 
 88 
 
 96 
 
 1.05 
 
 20- 
 
 12 
 
 23 
 
 35 
 
 47 
 
 58 
 
 70 
 
 82 
 
 93 
 
 1-05 
 
 1-17 
 
 1-28 
 
 1-40 
 
 25- 
 
 15 
 
 29 
 
 44 
 
 58 
 
 73 
 
 88 
 
 1-02 
 
 M7 
 
 1-31 
 
 1-46 
 
 1-60 
 
 1-75/ 
 
 30- 
 
 18 
 
 35 
 
 53 
 
 70 
 
 88 
 
 1-05 
 
 1-23 
 
 1-40 
 
 1-58 
 
 1-75 
 
 1-93 
 
 2-10\ 
 
 40- 
 
 23 
 
 47 
 
 70 
 
 93 
 
 1-17 
 
 1-40 
 
 1-63 
 
 1-87 
 
 2-10 
 
 233 
 
 2-57 
 
 2-80 
 
 50- 
 
 29 
 
 58 
 
 88 
 
 1-17 
 
 1-46 
 
 1-75 
 
 2-04 
 
 2-33 
 
 2-63 
 
 2-<)2 
 
 3-21 
 
 3-50 
 
 60- 
 
 35 
 
 70 
 
 1-05 
 
 1-40 
 
 1-75 
 
 2-10 
 
 2-45 
 
 2-80 
 
 3-15 
 
 3-50 
 
 3-S5 
 
 4-20 
 
 70- 
 
 41 
 
 82 
 
 1-23 
 
 1-63 
 
 204 
 
 2-15 
 
 2-86 
 
 3-27 
 
 3-68 
 
 4-08 
 
 4-49 4-90 
 
 80- 
 
 47 
 
 93 
 
 1-40 
 
 1-87 
 
 2-33 
 
 2-80 
 
 3-27 
 
 3-73 
 
 4-20 
 
 4-67 
 
 5-13 5-60 
 
 90- 
 
 53 
 
 1-05 
 
 1-58 
 
 210 
 
 263 
 
 3-15 
 
 3-68 
 
 4-20 
 
 4-73 
 
 5-25 
 
 578 630 
 
 100- 
 
 5& 
 
 M7 
 
 1-75 
 
 2-33 
 
 2-92 
 
 3-50 
 
 4-08 
 
 4-f>7 
 
 5-251 5-83 
 
 6-42 700 
 
 200- 
 
 1-17 
 
 2-33 
 
 3-50 
 
 4-67 
 
 5-83 
 
 7-00 
 
 8-17 
 
 9-33 10-50 11-67 12-83 14-00 
 
 300- 
 
 1-75 
 
 3-50 
 
 5-25 
 
 7-00 
 
 8-75 
 
 10-50 
 
 12-25 14-00 15-75 17-50 19-25 21-00 
 
 400- 
 
 233 
 
 4'67 
 
 7-00 
 
 9-33 
 
 11-67 
 
 14-00 
 
 1633 18-67 21-00 2333 -25f;7 28-00 
 
 500- 
 
 2-92 i 5-83 
 
 8-75 
 
 11-67 
 
 14-58 
 
 17-50 20-42 23-33 2625 29-17 32-08 35-00 
 
 1000- 
 
 5-83 11-67 
 
 17 50 23-33 
 
 29-17 
 
 35-00 40-83 46-67 52-50 58-33 64-17 70-00 
 
 A sum at simple interest, at 5 per cent., will double in 20 years. At 6 per cent, 
 it will double in 16| years. 
 
 A sum at compound interest, at 5 per cent per annum, will double in 14 yearg 
 and 21 month*. A sum at compound interest, at 6 per cent, will double in 11 years 
 *ud 10} month*.
 
 EQUATING, OR AVEHAGING PAYMENTS. 
 
 109 
 
 E o: 
 
 
 lil 
 
 ., 3 5 
 
 TAI1LK for 
 
 Baukin*' 
 
 anil Equation, ihowin; the liul 
 
 u , 0| 
 
 ilajr from 
 
 any n"t 
 
 III one Muiiih. tu the tame [ 
 
 ale in 
 
 any utln-i Month. Kxumple. How mmiy (l*r from 
 the 2il ol rVbruaiy to the *l ol Au*;ut 1 Look for February 
 
 1 the lett hand, am 
 
 August at, ihe top, In the angle U , H.. 
 
 1855. 
 
 J 
 
 jS ^ 
 
 S 
 
 
 
 | 
 
 >.| g 
 
 . 
 
 . 
 
 > 
 
 
 
 From 
 To 
 
 
 s 
 
 < 
 
 1 
 
 J 
 
 
 i 
 
 C 
 
 C 
 
 1 
 
 J.m. 
 
 3HS 
 
 31 59 
 
 n 
 
 1*1 
 
 I'll 
 
 181212 
 
 243 
 
 573304 
 
 :cf4 
 
 FHb. 
 
 334 
 
 3(5 28 
 
 5'J 
 
 89 
 
 I2c 
 
 150 181 
 
 2 1 -J 2-12 
 
 2*.v^o3 
 
 Mur. 
 
 30ri 3373(15 31 
 
 fii 
 
 9-.' 
 
 122 153 
 
 184214245275 
 
 April. 
 
 275 3(16 33 f 365 
 
 30 
 
 fil 
 
 91 122 
 
 153 IP32I4244 
 
 .May. 
 
 2l527ri3'M 335365 
 
 3] 
 
 61! 92 
 
 123 153 lf4^>M 
 
 Juno. 
 
 2142452733:14334 
 
 ;{(;, 
 
 30 61 
 
 92 122 153 
 
 If3 
 
 July. 
 An* 
 
 18 1 215 243 2743i 14 
 153 l4 2 12 243 273 
 
 33;> 
 
 :;ni 
 
 35 31 
 334365 
 
 63 
 II 
 
 9^ 
 
 n 
 
 na 
 n 
 
 153 
 122 
 
 SP|X 
 
 123 
 
 ma mi 
 
 
 3(13 334 
 
 .'( ;t 
 
 :KI 
 
 61 
 
 91 
 
 (ct 
 
 'J-. 
 
 123 151 
 
 I82'212243 
 
 073 304 335 3(i5 
 
 31 
 
 61 
 
 Nov. 
 
 i;i 
 
 92 120 
 
 151 ll 212 
 
 242273 
 
 3(14 
 
 334 
 
 3C.5 
 
 31: 
 
 Dee. 'M 
 
 (52 9i 
 
 121 151 If2 
 
 21-.' 243 071 304 
 
 33Ji3P5 
 
 - "3 
 
 _ 3 - 
 E 1 -* o 
 
 NOTE. If Leap- Year, add one Day if February be included. 
 EQUATION OF PAYMENTS. 
 
 RULE. Multiply each Debt by the time in which it is Payable, and 
 divide ihc Sum of the Products by the Sum of the Debts as Inllows : 
 Bought at 4 months' credit. When is the equated time of payment ? 
 1855. 'Ain't. Days. Products. 
 
 March 1. $ 50.no 
 
 7. 
 12. 
 19, 
 
 67 00 Multiplied by 6 equal 402 00 
 3200 " "11 " 352.00 
 
 82.00 " " 18 " 1476.00 
 
 23100 
 
 ) 2230.00 ( 9 day 
 207900 
 
 2-230 00 beina: divided by 231.00 gives 9 day? and 151 (10 ns the re- 
 
 mainder, whi'-n laitcr being more ihun half ui 231.00, counts a whole day. 
 
 The column <>f d.ivn represent* the number of days after July 1 (4 months 
 after March 1.) at \vhi>-h nme ihe several debt* become pnynble. Tliequoiienl 
 9 days (and (he remainder) added to July 1 gives July II fur ihe equated time. 
 
 ANOTHER METHOD FOR FINDING THE AVKKAGE PAYMENT OF 
 
 DIFFERENT PAYMENTS. 
 
 RUI.F.. Find the interest, by Interest Tables, on each item from the 
 dale of<ac/t charge to the date of the last charge. Add up ihe interest of 
 these several charges, and then ascertain how long a time it will lake for 
 the total of the account to make that amount of Interest then deduct this 
 time from the dale of the last charge in the account, and this will give you 
 the mouth and day of the average. Cents may be disregarded unless over 
 50, and rounling them as an audilional dollar if they arc 50 or more. 
 Bought at 4 months. When is the average time of payment. * 
 
 March I, $200. From Mnrch 1 to July 1 is 122 days Interest $ 4 07 
 
 April 2, 70. " April 2 to July 1 is 90 days. " 105 
 
 May 4, 30. " May 4 to July 1 is 53 day*. " 29 
 
 June 6, 50. " June 6 to July 1 U 25 days. 21 
 July 1, 50. 
 
 $400. 
 
 *! oil t 
 
 amount of time (2 
 
 $5 61 
 
 The Intercut on 8400, for 2 monihs and 24 days is S5 60. Now deduct tho 
 (2 month* and 24 day)(rom thedote of the la^l rhnrge, < July 
 
 amount of time (2 month* and 24 days) Irom the dote of the la^l rhnrge, (July 
 1,) mid this will HIVK April 6, as the mouth and day fur the outrage, and Atij. 
 6luai the day of payment. 
 
 DMA 10
 
 110 GOLD COINS, WITH THEIR WEIGHT AND VALUE. 
 
 GOLD COINS WITH THEIR WEIGHT AND VALUE. 
 
 [24 grains equal 1 pennyweight, 20 pennyweights 1 ounce, 12 ounces 1 pound. 
 
 Denomination. 
 
 Wciglit.\ Vol. Denomination. I Wnght.( V<A, 
 
 UNITED STATES. 
 
 270 
 
 ft. c. 
 10 6(5 
 
 Eagle before 1834, ... 
 (4 & | in proportion.) 
 
 Eagles, after 1834, 258 1000 
 
 Doui.ln Eiile, 516 ;W O.J 
 
 HalfEagl,., 129 500 
 
 Three Dollar piece 77.4 300 
 
 Quarter little, 64.5 250 
 
 GoldDollar, 25.8 I 00 
 
 AUSTRIA, dt.gr. $ c 
 
 Quadruple Ducat, 9 00 9 12 
 
 Ducat, 2 5J 228 
 
 Suuveraiu (for Lombardv) 77 675 
 
 BAVARIA. 
 
 Oarolin, I 6 
 
 Ducat I 2 
 
 BELGIUM. 
 
 Twenty Franc pieces, . . I 4 
 Forty Franc piece*, | 8 
 
 5JI 4 93 
 51 1 2 27 
 
 3 82 
 
 7 67 
 
 BOLIVIA. 
 
 Doubloon, .............. [17 84)1558 
 
 BRAZIL. 
 
 Johannes, (J in prop.). . . 
 
 Dobroan, 
 
 Dobra 
 
 Moidore, (3 in prop.)... 
 
 18 00 
 34 12 
 18 16 
 6 22 
 
 17 4 
 3271 
 17 31 
 6 56 
 8 72 
 
 Piece of 6,400 rein |9 6 
 
 BRUNSWICK &. MECKLENGBURGH. 
 TeaTbaler, 1813tol838, | 8 13 | 7 89 
 
 CENTRAL AMERICA. 
 
 Doubloon, |17 9)1496 
 
 COLUMBIA. 
 
 Doubloon, |17 8^)15 62 
 
 CHILI. 
 
 Doubloon, (before le:<5.) 117 911557 
 (after 1833,).. ||7 9 1 15 66 
 
 DENMARK. 
 
 TenThfrfor, | 8 13 I 7 88 
 
 Fted. D'or, 181:) to 1839, 4 3 93 
 
 ENGLAND. 
 
 Guinea, (', in prop.) 
 
 Sovereigns, ( in prop.) . 
 
 (Double) 
 
 EAST INDIES 
 
 Rupee, Bombay, 
 
 Rupee, Madras, 
 
 Pagoda, Star 
 
 SAXONY. 
 Oouh'e Aug. D'or, 1837, 
 
 5 8 
 5 3| 
 
 10 6} 
 
 5 05 
 4 85 
 9 70 
 
 7 11 
 
 7 12 
 2 4J 
 
 8 13 
 
 Ducat, | 2 6 
 
 709 
 7 II 
 
 1 79 
 
 7 94 
 
 2 26 
 
 D'ble Louis, (before 1786) 
 
 dt. gi 
 10 II 
 
 Lnui, <l( 5 4 
 
 O'ble LouU, (since 173G). !) 2<> 
 
 Louis, do 4 22 
 
 Duu'ilo Napoleon, or 40 
 
 Francs, I 8 7 
 
 Napoleon, or 23 Francs, .14 3] 
 
 HOLLAND. 
 
 Double Ryder, 1221 
 
 Kyder, 6 
 
 Ducat, 
 
 9 71 
 4 79 
 9 16 
 4 53 
 
 7 68 
 3 84 
 
 12 20 
 
 6 04 
 
 2 53 2 2" 
 HAMBURGH. 
 Ducat, (double in prop. ) . | 2 53) 2 27 
 
 HANOVER. 
 
 Ten Thaler, George If. . 813 784 
 
 D... Wm. IV.&Enieot, . 813 789 
 
 FineThaler 46 391 
 
 Ducat, I 2 5i| 2 28 
 
 HINDUSTAN. 
 
 Mohur, E.I. Co [ 7 12 j 7 10 
 
 NETHERLANDS. 
 
 Ducat, I 2 SJI 2 27 
 
 Ten Gilders, (\ in prop ). | 4 7]| 4 M 
 
 NEW GRENADA. 
 Doubloon, (of various fine- 
 
 ness)from $15,31 t<>$l5,- 
 
 71, gi-nernjly weigh the 
 
 same as a dollar, average |17 8]|15 53 
 
 MEXICO. 
 Doubloon. (Chares in prop.) 
 
 various dates coined at 
 
 different mints, varying 
 
 in value from $15 44 to 
 
 $15 67,. ...average,.... |17 8j|15 53 
 
 PRUSSIA. 
 
 Frederick D'or 46 395 
 
 Double do. 1831 8 13 7 97 
 
 Do. do. to 1811 813 794 
 
 RUSSIA. 
 
 Five Ruble*,. 
 Ducat, I79. 
 
 Imperial, 1801 , ( 1 in prop.) 
 
 4 4 
 2 18 
 
 8 7 
 
 395 
 2 76 
 
 784 
 
 SARDINIA. 
 
 Twenty Lire, | 4 3 | 3 83 
 
 SWEDEN. 
 
 Ducat, | 2 5 | 223 
 
 SPAIN. 
 
 Quadruple Pistole, or Doub- 
 loon, (i in prop.) 1772, .. 1 17 81] 16 03 
 
 Doubloon, 181)1, 117 9 11554 
 
 Pistole (i Doubloon) j 4 8j| 3 90
 
 VALUE OF SILVER COIN k FOREIGN CURRENCY. Ill 
 
 RATES OF SILVER MONEY AND FOREIGN CURRENCY. 
 
 (Established by Law. -Custom House Value.) 
 
 9c. m. $c. m. 
 
 DOLLAR of u. 8. ( J & ^ in prop.) 1.00 j DOUBLE THALER of Prussia, 1.39 
 of Austria, ...... 97 
 
 of Sweden, (species dnler,)- 1.41 
 
 of Norway, ( Kigshank daler) 1 Oo 
 f Netherlands, .... 1.00 
 
 of Denmark. (Species daler,) 1.0-1 
 of Bremen, ------ 
 
 ef Bolivia, Peru fc Chili, - 
 of Central Am. uncertain, - 
 f Mexico, 8 reals, (varying 
 from 95 to 100,) - - - - 
 
 of New Grenada, (usual wt.) 100 
 POUND Sterling of Gr. Britain, 4.84 
 HALF CROWN of do. - - 
 SHILLING of do. - - 
 
 FIKJRPEKCE of do. - - 
 
 FRANC of France and Belgium, 
 FIVB FRANC of France, 
 Rix DOLLAR of Austria, - - 
 of Berlin 4. Saxony, - - - 
 of Baluvia, ------ 
 
 THALEK of Prussia, Saxony, 
 
 Brunswick, & Hesse Cassel, 68 
 of Leipsic and Hanover, 
 FLORINS and GUILDERS of Nu- 
 remhurg, Si. Gall, Frank- 
 fort, Netherlands, Bavaria, 
 Brazil, Baden, Amsterdam, 
 and Rotterdam, - - - - 
 
 of Ansiria, Trieste, Bohemia 
 
 I^epsic, and Augsburg, - 
 of Prussia, ------ 
 
 of Tuscany, - ..... 
 
 of Brabant, ...... 
 
 GUILDER ol \Vurtemberg, 
 
 REAL VELLO.N of Spain, - - 5 
 
 of Plate, 10 
 
 PISTAREKN (4 Real Yellons of 
 
 Spain,) 19 5 
 
 POUND of British Provinces, - 4.00 
 
 78 7 
 nit f\ 
 
 of Jamaica, Turks Island, am 
 
 " ! 
 3.00 
 
 III U 
 
 Q7 
 
 f (U. > 
 
 2 50 
 
 mi 
 
 DUCAT of Naples, .... 
 
 'so 
 
 .00 
 
 (j.) 
 
 OUNCE of Sicily, . . - - 
 
 2.40 
 40 
 
 U-i 
 
 - 1 
 
 
 94 
 
 .Of 
 
 r o 
 
 1 no s 
 
 22 
 
 PEZZoof Leghorn, - - - - 
 
 Jl.UW J 
 
 90 7 
 
 7 
 
 MILL REA of Azores, - - - 
 
 83 3 
 
 IS 5 
 
 
 1.00 
 
 01 
 
 f p i' 
 
 
 yo 
 97 
 69 
 
 MARC BANCO of Hamburg, - 
 ROUBLE of Russia, silver, 
 
 35 
 75 
 
 75 
 
 of Russia, paper, - - - - 
 
 21 4 
 
 68 
 
 PIASTRE of Turkey, - - - 
 TWENTY PIASTRES of Turkey, 
 
 5 
 82 
 
 (i'J 
 
 LIRA, (for Lomburdy & Tuscany,) 16 
 
 
 TWENTY KREUTZGRS, - - 
 
 16 
 
 
 LIRA of Sardinia, .... 
 
 18 5 
 
 
 FIVE LIRA of .Sardinia, - - 
 
 93 2 
 
 
 LIVRE of Genoa, .... 
 
 18 5 
 
 40 
 
 of Catalonia & Barcelona, - 
 
 535 
 26 5 
 
 48 5 
 
 
 1.48 
 
 
 PAGODA of Madras, ... 
 
 1.84 
 
 26 
 
 :il 
 
 CROWN ofTuscany, ... 
 
 1.05 
 1 M 
 
 39 5 RUPEE of British India, 
 
 44 5 
 
 All foreign Silver Coins posses* a higher standard value than the present 
 Uuited Stales coinage. 
 
 VALUE AND WEIGHT OF U. STATES SILVER COINS. 
 
 ffamu of ike Coins. 
 
 Grains. 
 
 Valve. 
 
 One Dollar, or ten Dimes, (No change in Law.) - 
 Half Dollar, or five Dime*, - - 
 Quarter Dollar, or two and a half Dimes, - ' ; * 
 
 192. 
 96. 
 384 
 
 100 
 50 
 25 
 10 
 
 Half Dime ...... 
 
 
 
 Three Ceut piece, '- - . - - .,. 
 
 11.52 
 
 3 
 
 Copper Cent. - - .'-* ''..! . 
 HalfCenl, - 
 
 Ifig. 
 84. 
 
 1 
 
 0.5 
 
 The Standard fineness of Gold and Silver Coins is one tceight of alloy to 
 nine terig/iit of pure metal. The alloy for Gold Coin is Silver and Copper, 
 arid Copper for Silver Coin. On the following page will be found the weight 
 of the American and Spanish Dollar and Parts, of the old coinage.
 
 112 REDUCTION OF FOREIGN MONEY TO U. STATES. 
 
 REDUCTION OF FOREIGN MONEY. 
 
 A U. State* Silver Dollar weighs 412J grains ; Half Dollar 200^ ; Q-jartcf 
 Dollar K3 ; Dime 41; Half Dime 20 Spanish Dollar, tit late coinage, 419 
 grams; Half Dollar 203 ; Quarter Dollar (1774) 103J ; One-Eiglilli, or, Real, 
 45 ; One-Sixteenth, or, 6^ Ceul piece, 21. 
 
 ENGLISH STERLING REDUCED TO DOLLARS AND CENTS. 
 
 1. 
 
 c. m. 
 
 3. 
 
 e. m. 
 
 
 
 $c. 
 
 
 
 S c. 
 
 
 
 $ e. 
 
 
 
 9 c. 
 
 
 
 $ c. 
 
 I 
 
 242 
 
 11 
 
 2662 
 
 1 
 
 484 
 
 11 
 
 5324 
 
 21 
 
 10164 
 
 n 
 
 15004 
 
 11 
 
 19844 
 
 2 
 
 484 
 
 I a 
 
 290 4 
 
 2 
 
 9 (id 
 
 12 
 
 5808 
 
 2-3 
 
 10648 
 
 3H 
 
 15488 
 
 19 
 
 203 28 
 
 3 
 
 726 
 
 13 
 
 3146 
 
 3 
 
 1452 
 
 13 
 
 6292 
 
 23 
 
 11132 
 
 33 
 
 15972 
 
 13 
 
 20612 
 
 4 
 
 968 
 
 14 
 
 3388 
 
 4 
 
 1936 
 
 11 
 
 6776 
 
 21 
 
 11616 
 
 34 
 
 1645'J 
 
 M 
 
 21296 
 
 5 
 
 1210 
 
 15 
 
 3630 
 
 5 
 
 2420 
 
 15 
 
 7260 
 
 25 
 
 12100 
 
 as 
 
 16940 
 
 10 
 
 21780 
 
 6 
 
 1452 
 
 16 
 
 3672 
 
 6 
 
 2904 
 
 1C 
 
 7741 
 
 SM 
 
 12584 
 
 86 
 
 17424 
 
 it: 
 
 aa<54 
 
 7 
 
 1694 
 
 17 
 
 411 4 
 
 7 
 
 3388 
 
 17 
 
 822rf 
 
 27 
 
 13068 
 
 37 
 
 17908 
 
 17 
 
 22748 
 
 8 
 
 1936 
 
 18 
 
 4356 
 
 8 
 
 3872 
 
 13 
 
 8712 
 
 >$ 
 
 13552 
 
 3^ 
 
 18392 
 
 ti 
 
 23232 
 
 9 
 
 2178 
 
 19 
 
 4598 
 
 9 
 
 4356 
 
 19 
 
 9196 
 
 29 
 
 14036 
 
 39 
 
 18876 
 
 49 
 
 237 16 
 
 10 
 
 2420 
 
 20 
 
 4840 
 
 10 
 
 4840 
 
 90 
 
 9fi 
 
 30 
 
 14520 
 
 40: 19360 
 
 50 
 
 24200 
 
 FRENCH FRANCS REDUCED TO DOLLARS AND CENTS. 
 
 
 
 $ci- 
 
 fr 
 
 $Ct3 
 
 fr 
 
 Sets 
 
 
 
 $ cts 
 
 fr 
 
 $r.ts 
 
 fr 
 
 $ cts 
 
 frs 
 
 S Ct3 
 
 i 
 
 19 
 
 16 
 
 293 
 
 31 
 
 577 
 
 M 
 
 856 
 
 61 
 
 11 35 
 
 7(1 
 
 14 14 
 
 91 
 
 1693 
 
 2 
 
 37 
 
 17 
 
 3 16 
 
 32 
 
 595 
 
 47 
 
 874 
 
 02 
 
 11 53 
 
 77 
 
 1432 
 
 92 
 
 1711 
 
 3 
 
 56 
 
 18 
 
 335 
 
 33 
 
 614 
 
 18 
 
 893 
 
 63 
 
 11 72 
 
 78 
 
 14 51 
 
 93 
 
 17311 
 
 4 
 
 74 
 
 M 
 
 35( 
 
 34 
 
 632 
 
 49 
 
 9 11 
 
 M 
 
 11 90 
 
 79 
 
 14 69 
 
 94 
 
 1748 
 
 8 
 
 93 
 
 M 
 
 372 
 
 35 
 
 651 
 
 H 
 
 930 
 
 65 
 
 1209 
 
 80 
 
 1488 
 
 95 
 
 1767 
 
 6 
 
 1 12 
 
 M 
 
 391 
 
 3li 
 
 670 
 
 51 
 
 949 
 
 60 
 
 1228 
 
 81 
 
 1507 
 
 96 
 
 1786 
 
 7 
 
 130 
 
 22 
 
 409 
 
 37 
 
 688 
 
 52 
 
 967 
 
 If 
 
 1246 
 
 82 
 
 1525 
 
 97 
 
 1804 
 
 8 
 
 149 
 
 93 
 
 428 
 
 38 
 
 707 
 
 R 
 
 986 
 
 68 
 
 12 65 
 
 83 
 
 1544 
 
 98 
 
 1823 
 
 9 
 
 167 
 
 24 
 
 446 
 
 39 
 
 725 
 
 51 
 
 1004 
 
 M 
 
 1283 
 
 M 
 
 15 63 
 
 99 
 
 1841 
 
 10 
 
 186 
 
 25 
 
 4 65 
 
 411 
 
 744 
 
 55 
 
 1023 
 
 70 
 
 1302 
 
 8.-> 
 
 15 81 
 
 100 
 
 1860 
 
 11 
 
 205 
 
 M 
 
 484 
 
 41 
 
 763 
 
 M 
 
 1042 
 
 71 
 
 1321 
 
 86 
 
 16 00 
 
 200 
 
 3720 
 
 12 
 
 223 
 
 M 
 
 502 
 
 42 
 
 781 
 
 07 
 
 10 60 
 
 72 
 
 1339 
 
 87 
 
 16 18 
 
 300 
 
 5580 
 
 13 
 
 242 
 
 99 
 
 521 
 
 43 
 
 800 
 
 58 
 
 1079 
 
 73 
 
 13 5f 
 
 M 
 
 1637 
 
 400 
 
 7440 
 
 14 
 
 260 
 
 99 
 
 539 
 
 41 
 
 818 
 
 BO 
 
 1097 
 
 74 
 
 1376 
 
 no 
 
 1655 
 
 500 
 
 9300 
 
 Ifi 
 
 279 
 
 30 
 
 558 
 
 49 
 
 837 
 
 6') 
 
 11 16 
 
 7.-, 
 
 1395 
 
 90 
 
 1674 
 
 OO.'l 
 
 11160 
 
 THAI.ERS REDUCED TO DOLLARS AND CENTS. 
 
 r 
 
 $ c. 
 
 7' 
 
 c. $ 
 
 T 
 
 S c. 
 
 T 
 
 $c. 
 
 T 
 
 $c. 
 
 T 
 
 c. 
 
 T. 
 
 $ e. 
 
 i 
 
 69 
 
 8 
 
 5 52 
 
 IS 
 
 1035 
 
 90 
 
 15 18 
 
 90 
 
 20 1 
 
 36 
 
 24.-<4 
 
 49 
 
 2967 
 
 9 
 
 138 
 
 9 
 
 6 21 
 
 16 
 
 11 4 
 
 93 
 
 1587 
 
 30 
 
 2070 
 
 37 
 
 2553 
 
 14 
 
 3036 
 
 3 
 
 207 
 
 10 
 
 6 90 
 
 17 
 
 11 73 
 
 94 
 
 1656 
 
 31 
 
 21 39 
 
 M 
 
 2622 
 
 19 
 
 31 5 
 
 4 
 
 276 
 
 11 
 
 7 59 
 
 IH 
 
 1242 
 
 90 
 
 17 25 
 
 99 
 
 22 8 
 
 30 
 
 2691 
 
 M 
 
 31 74 
 
 5 
 
 345 
 
 19 
 
 8 28 
 
 It) 
 
 13 11 
 
 96 
 
 1794 
 
 33 
 
 2277 
 
 40 
 
 27 60 
 
 17 
 
 3243 
 
 9 
 
 4 14 
 
 13 
 
 8 97 
 
 JO 
 
 1380 
 
 99 
 
 1863 
 
 34 
 
 23 46 
 
 41 
 
 2S29 
 
 18 
 
 ai 12 
 
 
 483 
 
 M 
 
 9 tifi 
 
 21 
 
 11 43 
 
 98 
 
 1932 
 
 35| 24 15 
 
 49 
 
 2* 98 
 
 19 
 
 33 81 
 
 BREMEN RIX DOLLARS REDUCED TO DOLLARS AND CENTS. 
 
 
 
 
 
 
 
 I 
 
 
 
 
 
 T.d. 
 
 9 e. 
 
 r-. d. 
 
 $ c. 
 
 r d. 
 
 $ c. 
 
 r d. 
 
 $ e. 
 
 r.d. 
 
 $ c. 
 
 r. d. 
 
 8 c. 
 
 1 
 
 78J 
 
 
 
 709 
 
 17 
 
 1339 
 
 25 
 
 1969 
 
 33 
 
 2590 
 
 41 
 
 3229 
 
 2 
 
 153 
 
 10 
 
 788 
 
 18 
 
 14 18 
 
 98 
 
 2043 
 
 34 
 
 26 7S 
 
 42 
 
 3303 
 
 3 
 
 230 
 
 11 
 
 ->,; 
 
 19 
 
 1496 
 
 27 
 
 2120 
 
 25 
 
 27 5C- 
 
 43 
 
 3386 
 
 4 
 
 315 
 
 12 
 
 945 
 
 20 
 
 1575 
 
 as 
 
 2205 
 
 M 
 
 2835 
 
 41 
 
 3165 
 
 5 
 
 304 
 
 13 
 
 1024 
 
 21 
 
 1G51 
 
 20 
 
 2234 
 
 37 
 
 2914 
 
 45 
 
 3544 
 
 
 
 473 
 
 14 
 
 1103 
 
 22 
 
 1733 
 
 30 
 
 2363 
 
 3S 
 
 29 93 
 
 46 
 
 3623 
 
 7 
 
 551 
 
 15 
 
 U81 
 
 23 
 
 1311 
 
 31 
 
 2441 
 
 39 
 
 3071 
 
 47 
 
 37 01 
 
 8 
 
 630 
 
 16 
 
 1260 
 
 21 
 
 1300 
 
 32 
 
 25 20 
 
 40 
 
 315!) 
 
 4S 
 
 3760
 
 PRESENT VALUE OP A WIDOW 8 DOWEK. 
 
 113 
 
 THE PRESENT VALUE OF A WIDOW'S DOWER. 
 
 The CARMSI.K TABLE of the EXPECTATION of LIFE, (which is in general use 
 in England, and has been ndopifd by some of the Life Insurance Companies 
 in tiiis Country,) differs frmn the Table below in ihe first 41 years of lite 
 but between the ages of 44 and 92 the variation, iluny, is trifling. 
 
 Should the widow and her children, or other heirs, deem it expedient to 
 icll the estate entire, it can be ascertained by the following Tables to what propor- 
 tion of the proceeds the widow will be entitled. 
 
 The following Table gives the Expectation of Life, according to Dr. Wigglesworth'* 
 Table of Mortality, (adopted by the Supreme Court of Massachusetts as a rule of 
 estimating the value of life estates. 10 Mass. Rep. 313.) 
 
 TABLE I EXPECTATION OF LIFE. 
 
 
 s-a 
 
 
 C-3 
 
 
 C'O 
 
 
 CTJ 
 
 
 CT3 
 
 
 cr) 
 
 
 c a 
 
 
 O B 
 
 
 o a 
 
 
 o a 
 
 
 o a 
 
 
 o c 
 
 
 S a .5 
 
 
 a * J 
 
 
 S a j 
 
 
 
 
 '3 " 
 
 
 SS a 
 
 
 li| 
 
 
 |C5 
 
 
 3 E * 
 
 
 111 
 
 
 
 
 3 S3 
 
 u 
 
 
 
 
 |S3 
 
 V 
 
 g| 
 
 V 
 
 
 Q> 
 
 tj Ss 
 
 
 
 Sg 
 
 6 
 
 g- >.- 
 
 06 
 
 P/^-I 
 
 tt 
 
 >%" 
 
 CO 
 
 g- 2>~ 
 
 60 
 
 9*& 
 
 60 
 
 
 < 
 
 w = 
 
 < 
 
 K 
 
 < 
 
 w.S 
 
 < 
 
 w.5 
 
 < 
 
 W.E 
 
 < 
 
 W5 
 
 
 
 28.15 
 
 16 
 
 35.76 
 
 32 
 
 29.43 
 
 48 
 
 22.27 
 
 64 
 
 13.05 
 
 80 
 
 5.85 
 
 1 
 
 3078 
 
 17 
 
 35.37 
 
 3:5 
 
 29.0.' 
 
 46 
 
 21.72 
 
 65 
 
 12.43 
 
 81 
 
 5.50 
 
 2 
 
 3374 
 
 1 
 
 34.9? 
 
 34 
 
 23.62 
 
 50 
 
 21.17 
 
 66 
 
 11.9, 
 
 SI 
 
 5 16 
 
 3 
 
 4001 
 
 19 
 
 34.59 
 
 35 
 
 28 22 
 
 51 
 
 20 61 
 
 67 
 
 11.48 
 
 83 
 
 4.87 
 
 4 
 
 4073 
 
 20 
 
 31.22 
 
 30 
 
 27.7S 
 
 52 
 
 20.05 
 
 68 
 
 11.01 
 
 84 
 
 4.66 
 
 5 
 
 40.88 
 
 21 
 
 3384 
 
 3- 
 
 27.34 
 
 53 
 
 19.49 
 
 69 
 
 11.50 
 
 85 
 
 4.57 
 
 6 
 
 41.09 
 
 22 
 
 3:i.40 
 
 3& 
 
 26.91 
 
 54 
 
 18.92 
 
 70 
 
 1(1.06 
 
 86 
 
 4.21 
 
 7 
 
 40.47 
 
 23 
 
 33.03 
 
 39 
 
 20.47 
 
 55 
 
 18.35 
 
 71 
 
 9.60 
 
 87 
 
 3.90 
 
 8 
 
 40.14 
 
 24 
 
 32.70 
 
 40 
 
 2604 
 
 56 
 
 17.73 
 
 72 
 
 9.14 
 
 88 
 
 307 
 
 9 
 
 39-72 
 
 25 
 
 3-.V33 
 
 41 
 
 25.61 
 
 57 
 
 17.20 
 
 73 
 
 8.69 
 
 89 
 
 3.56 
 
 10 
 
 39.23 
 
 20 
 
 31.93 
 
 1 ' 
 
 25.19 
 
 58 
 
 16.03 
 
 74 
 
 8.25 
 
 <JO 
 
 3.73 
 
 11 
 
 38.64 
 
 27 
 
 31.50 
 
 43 
 
 24.77 
 
 59 
 
 16.04 
 
 75 
 
 7.83 
 
 91 
 
 3.32 
 
 12 
 
 38.02 
 
 28 
 
 31.08 
 
 44 
 
 24.35 
 
 60 
 
 15.45 
 
 76 
 
 7.40 
 
 92 
 
 3 12 
 
 13 
 
 37.4 i 
 
 29 
 
 30 G > 
 
 45 
 
 23.92 
 
 61 
 
 14.86 
 
 77 
 
 6.99 
 
 93 
 
 2.40 
 
 14 
 
 36.79 
 
 30 
 
 30.25 
 
 46 
 
 21.37 
 
 62 
 
 14.26 
 
 78 
 
 659 
 
 94 
 
 1.98 
 
 15 
 
 36 17 
 
 31 
 
 29.83 
 
 47 
 
 22.83 
 
 63 
 
 1366 
 
 79 
 
 6.21 
 
 95 
 
 1.02 
 
 The following Table shows the value of an Annuity of One Dollar from 
 I to 35 Years, at Five per ceijt. per annum, and, with the Table above, 
 will enable any person to estimate the value of a Widow's Dower. 
 
 
 n 
 
 
 M 
 
 
 m \ 
 
 ~ 1 
 
 
 
 M 
 
 
 3 
 
 
 "O 
 
 
 o 
 
 
 o 
 
 
 a 
 
 
 
 > 
 
 K 
 
 
 E .e 
 
 
 
 
 E . 
 
 
 E . 
 
 ft 
 
 
 S 
 
 
 S 
 
 ee w *y 
 
 2 
 
 e *-o 
 
 
 
 
 
 "t 5 5 
 OUS 
 
 '* 
 
 111 
 
 a 
 
 > 
 
 "c Z a 
 
 it 
 
 V 
 
 ^ix 
 
 a 
 
 "5 3 
 
 eos 
 
 1 
 
 .!523 
 
 8 
 
 6.4632 
 
 IS 
 
 10.3796 
 
 22 
 
 13.1630 
 
 29 
 
 15.1410 
 
 2 
 
 1.8594 
 
 9 
 
 7.1078 
 
 IG 
 
 10.8377 
 
 23 
 
 13.4^80 
 
 30 
 
 15.3724 
 
 3 
 
 2.7232 
 
 10 
 
 7.7217 
 
 17 
 
 11.2740 
 
 24 
 
 13.7986 
 
 m 
 
 15.5928 
 
 4 
 
 3. 5 '59 
 
 11 
 
 8.30K4 
 
 18 
 
 11.6&'-'5 
 
 25 
 
 14.0!'39 
 
 32 
 
 15.8026 
 
 -5 
 
 4.3294 
 
 12 
 
 8.6632 
 
 19 
 
 12.0853 
 
 26 
 
 14.3751 
 
 33 
 
 16.0025 
 
 6 
 
 5.0756 
 
 13 
 
 9.3935 
 
 20 
 
 12.4622 
 
 27 
 
 14.6430 
 
 34 
 
 16.1929 
 
 7 
 
 5.7S63 
 
 1 14 
 
 9.8986 
 
 21 
 
 12.8211 
 
 28 
 
 14.8181 
 
 35 
 
 16.3741 
 
 eld- 
 the 
 
 .- I lllB 
 
 equals [ = ] S 77.21, ihe value of the widow's dower lor 10 yeais. 
 
 Or. what is the value of a salary or annuity of 8 100 a year for 6 years? 
 Mutiiply the lahulir number opposite 5 years by ihe given annuity, as follow*: 
 4.3294 x 100 = $432.94, the value ol an annuity ol *100 for 5 years. 
 
 BMA 10*
 
 114 
 
 MERCHANDISE READY RECKONER. 
 
 PRODUCE AND MERCHANDISE READY RECKONERS, 
 
 HAY, BUTTER, CHEESE, LARD, AND OTHER PRODUCE. 
 
 Us. 
 
 eta 
 25 
 
 cts 
 50 
 
 els 
 75 
 
 Set 
 1-00 
 
 $ et 
 
 a-oo 
 
 $ r.t 
 3-00 
 
 $ r.t $ r.t 
 4-00 , 5-00 
 
 $ct 
 6-00 
 
 $ef 
 7-00 
 
 $ct 8 ct $ cts S cti $ cts 
 8-00 9-00 10-00 11-00 12-00 
 
 3 
 
 
 
 
 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 Jl" 7 ! 
 
 2 
 
 2 
 
 2 
 
 7 
 10 
 
 
 
 
 i 
 
 1 
 1 
 
 1 
 2 
 
 1 
 2 
 
 2 
 3 
 
 2 
 3 
 
 2 
 4 
 
 3 
 4 
 
 a 
 
 8 
 
 4 
 
 5 
 
 4 
 
 6 
 
 4 
 
 6 
 
 20 
 
 
 1 
 
 'i 
 
 i 
 
 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 
 
 
 10 
 
 11 
 
 12 
 
 30 
 
 
 1 
 
 1 
 
 2 
 
 3 
 
 5 
 
 6 
 
 8 
 
 9 
 
 11 
 
 12 
 
 14 
 
 15 
 
 17 
 
 18 
 
 40 
 
 i 
 
 1 
 
 2 
 
 2 
 
 4 
 
 6 
 
 8 
 
 10 
 
 12 
 
 14 
 
 16 
 
 18 
 
 20 
 
 22 
 
 24 
 
 50 
 
 i 
 
 1 
 
 2 
 
 3 
 
 8 
 
 8 
 
 10 
 
 13 
 
 15 
 
 18 
 
 20 
 
 -23 
 
 25 
 
 23 
 
 30 
 
 60 
 
 i 
 
 2 
 
 2 
 
 3 
 
 8 
 
 9 
 
 12 
 
 15 
 
 18 
 
 21 
 
 24 
 
 2? 
 
 30 
 
 33 
 
 36 
 
 70 
 
 i 
 
 & 
 
 3 
 
 4 
 
 i7 
 
 11 
 
 14 
 
 18 
 
 21 
 
 25 
 
 28 
 
 39 
 
 35 
 
 39 
 
 42 
 
 80 
 
 i 
 
 2 
 
 3 
 
 4 
 
 8 
 
 12 
 
 16 
 
 20 
 
 24 
 
 23 
 
 32 
 
 3fa 
 
 40 
 
 44 
 
 48 
 
 90 
 
 i 
 
 2 
 
 8 
 
 5 
 
 9 
 
 14 
 
 18 
 
 23 
 
 27 
 
 32 
 
 36 
 
 41 
 
 45 
 
 50 
 
 54 
 
 100 
 
 i 
 
 3 
 
 4 
 
 5 
 
 10 
 
 15 
 
 20 
 
 25 
 
 30 
 
 35 
 
 40 
 
 45 
 
 50 
 
 55 
 
 60 
 
 200 
 
 3 
 
 5 
 
 i 
 
 10 
 
 40 
 
 30 
 
 40 
 
 50 
 
 60 
 
 70 
 
 80 
 
 90 
 
 1-00 
 
 1-10 
 
 1-20 
 
 300 
 
 4 
 
 8 
 
 11 
 
 15 
 
 30 
 
 45 
 
 60 
 
 75 
 
 90 
 
 1-05 
 
 1-20 
 
 1 35 
 
 150 
 
 1-65 
 
 1-80 
 
 400 
 
 5 
 
 10 
 
 15 
 
 20 
 
 40 
 
 60 
 
 80 
 
 1-00 
 
 l-2i 
 
 1-40 
 
 1-60 
 
 l-.SU 
 
 2-00 
 
 2-20 
 
 2-40 
 
 500 
 
 6 
 
 13 
 
 19 
 
 25 
 
 50 
 
 75 
 
 1-00 
 
 1-25 
 
 150 
 
 1-75 
 
 2-00 
 
 '2-25 
 
 2-50 
 
 2-75 
 
 3-00 
 
 600 
 
 8 
 
 15 
 
 23 
 
 30 
 
 GO 
 
 90 
 
 1-20 
 
 1-50 
 
 1-89 
 
 2-10 
 
 2-40 
 
 2 '70 
 
 3-00 
 
 3-3) 
 
 3-60 
 
 700 
 
 9 
 
 IS 
 
 2H 
 
 35 
 
 70 
 
 1-05 
 
 1-40 
 
 1-75 
 
 2-10 
 
 2-45 
 
 2-80 
 
 3-15 
 
 3-50 
 
 3-85 
 
 4-20 
 
 800 
 
 10 
 
 20 
 
 30 
 
 40 
 
 80 
 
 1-20 
 
 1-60 
 
 2-0;) 
 
 2-40 
 
 280 
 
 3-20 
 
 3-(iO 
 
 4-00 
 
 4-40 
 
 4-30 
 
 900 
 
 11 
 
 23 
 
 31 
 
 45 
 
 90 
 
 1-35 
 
 1-80 
 
 2-25 
 
 2-70 
 
 3-15 
 
 3-60 
 
 1-1)5 
 
 4-50 
 
 495 
 
 5-40 
 
 KKHI 
 
 13 
 
 25 
 
 38 
 
 50 
 
 1-00 
 
 150 
 
 2-00 
 
 2-50 
 
 3-00 
 
 3-50 
 
 4-00 
 
 1-.10 
 
 5-00 
 
 550 
 
 6-00 
 
 1100 
 
 14 
 
 88 
 
 11 
 
 55 
 
 10 
 
 1-65 
 
 2-20 
 
 2-75 
 
 3-30 
 
 3-85 
 
 4-411 
 
 1-95 
 
 550 
 
 6-05 
 
 6-60 
 
 1200 
 
 15 
 
 30 
 
 45 
 
 60 
 
 l-SO 
 
 1-SO 
 
 2-40 
 
 3-00 
 
 3-60 
 
 4-20 
 
 4-80 
 
 5 10 
 
 6-00 
 
 660 
 
 7-20 
 
 1300 
 
 16 
 
 39 
 
 49 
 
 65 
 
 at 
 
 1 95 
 
 260 
 
 3-25 
 
 390 
 
 4-55 
 
 520 
 
 .V J 5 
 
 6-50 
 
 7-15 
 
 7-80 
 
 14(10 
 
 18 
 
 33 
 
 53 
 
 70 
 
 40 
 
 2-10 
 
 2-SO 
 
 350 
 
 4-20 
 
 4-91) 
 
 5-60 
 
 0-30 
 
 7-00 
 
 7-70 
 
 840 
 
 1500 
 
 19 
 
 38 
 
 5(5 
 
 75 
 
 .SB 
 
 2-25 
 
 3-00 
 
 3-75 
 
 450 
 
 5-25 
 
 6-00 
 
 (i-75 
 
 7-50 8-25 
 
 9-00 
 
 1000 
 
 20 
 
 40 
 
 1)0 
 
 80 
 
 00 
 
 2-40 
 
 320 
 
 4-00 
 
 480 
 
 5-60 
 
 64:) 
 
 7-20 
 
 800 680 
 
 9-60 
 
 1700 
 
 .21 
 
 43 
 
 01 
 
 85 
 
 70 
 
 255 3-40 
 
 4-25 
 
 5-10 
 
 5-95 
 
 6-80 
 
 7-(i5 
 
 8-50 935 
 
 1020 
 
 18(10 
 
 23 
 
 45 
 
 03 
 
 90 
 
 80 
 
 2-701360 
 
 4-50 
 
 5-40 
 
 630 
 
 7-20 
 
 8-10 
 
 9-00 9-90 
 
 10-80 
 
 1900 
 
 21 
 
 48 -71 1 -95 
 
 90 
 
 2-85 3-80 
 
 4-75 
 
 5-70 6 -OS 
 
 7-00 
 
 B-M 
 
 9-50 10-45 
 
 11-40 
 
 Ubx. 
 
 $ Ctl 
 
 13-OC 
 
 $ cts 
 14-00 
 
 15-00 
 
 $ CM 
 16-00 
 
 17-00 
 
 8 ct$ 
 18-00 
 
 $ ct. 
 19-OC 
 
 $ r.ts 
 2000 
 
 25-00)30-00 
 
 40-00 
 
 8 cts 
 5000 
 
 3 
 
 
 2 
 
 2 
 
 2 
 
 3 
 
 3 
 
 
 
 3 
 
 4 
 
 5 
 
 6 
 
 8 
 
 7 
 
 
 
 5 
 
 5 
 
 6 
 
 6 
 
 G 
 
 7 
 
 7 
 
 9 
 
 11 
 
 14 
 
 18 
 
 10 
 
 'i 
 
 7 
 
 8 
 
 8 
 
 9 
 
 9 
 
 1C 
 
 TO 
 
 13 
 
 15 
 
 20 
 
 25 
 
 20 
 
 K 
 
 14 
 
 15 
 
 16 
 
 17 
 
 J8 
 
 1 
 
 20 
 
 25 
 
 30 
 
 40 
 
 50 
 
 30 
 
 2( 
 
 21 
 
 23 
 
 24 
 
 26 
 
 27 
 
 2S 
 
 30 
 
 3S 
 
 45 
 
 60 
 
 75 
 
 40 
 
 2e 
 
 29 
 
 30 
 
 32 
 
 34 
 
 36 
 
 3S 
 
 40 
 
 50 
 
 60 
 
 80 
 
 1-00 
 
 50 
 
 3C 
 
 35 
 
 38 
 
 40 
 
 43 
 
 45 
 
 48 
 
 50 
 
 es 
 
 75 
 
 1-00 
 
 1-25 
 
 60 
 
 3 
 
 42 
 
 45 
 
 48 
 
 51 
 
 54 
 
 57 
 
 60 
 
 75 
 
 90 
 
 1-20 
 
 1-50 
 
 70 
 
 46 
 
 49 
 
 53 
 
 56 
 
 60 
 
 63 
 
 67 
 
 70 
 
 S3 
 
 105 
 
 1-40 
 
 1-75 
 
 PO 
 
 5V 
 
 56 
 
 60 
 
 64 
 
 68 
 
 72 
 
 70 
 
 80 
 
 100 
 
 1-20 
 
 1-60 
 
 200 
 
 90 
 
 5S 
 
 63 
 
 68 
 
 72 
 
 77 
 
 81 
 
 86 
 
 90 
 
 1-13 
 
 1-35 
 
 1-80 
 
 225 
 
 100 
 
 G 
 
 70 
 
 75 
 
 80 
 
 85 
 
 90 
 
 95 
 
 1-00 
 
 1-25 
 
 1-50 
 
 2-00 
 
 2-50 
 
 200 
 
 l-3f 
 
 1-40 
 
 1-50 
 
 1-60 
 
 1-70 
 
 180 
 
 190 
 
 2-00 
 
 250 
 
 3-00 
 
 4-00 
 
 5-00 
 
 300 
 
 1-95 
 
 2-10 
 
 2-25 
 
 2-40 
 
 255 
 
 2-70 
 
 2-85 
 
 3-00 
 
 375 
 
 4-50 
 
 6-00 
 
 7-50 
 
 400 
 
 2-6f 
 
 2-80 
 
 3-00 
 
 3-20 
 
 340 
 
 3-60 
 
 3-80 
 
 4-00 
 
 5-00 
 
 6-1)0 
 
 8'00 
 
 1000 
 
 500 
 
 3-25 
 
 3-50 
 
 3-75 
 
 4-00 
 
 4-25 
 
 4-50 
 
 4-75 
 
 5-00 
 
 6-25 
 
 7-50' 10-00 
 
 12-50 
 
 600 
 
 3-9' 
 
 4-20 
 
 4-50 
 
 4-80 
 
 5-10 
 
 5-40 
 
 5-70 
 
 6-00 
 
 7-50 
 
 9-00, 12001 1500 
 
 700 
 
 4-55 
 
 4-90 
 
 5-25 
 
 5-60 
 
 5-95 
 
 6-30 
 
 6-65 
 
 700 
 
 8-75 
 
 0-50 14-00 
 
 17-50 
 
 800 
 
 5-2( 
 
 5 GO 
 
 6-00 
 
 6-40 
 
 6-SO 
 
 7-20 
 
 7-60 
 
 8-00 
 
 10-00 
 
 2-((0| 1600 
 
 2000 
 
 900 
 
 5-85 
 
 6-30 
 
 6-75 
 
 7-20 
 
 7-65 
 
 8-10 
 
 8-/55 
 
 9-00 
 
 11-25 1 
 
 3-50 
 
 18-00 
 
 2250 
 
 ran 
 
 6-5(1 
 
 7-00 
 
 7-50 
 
 800 
 
 8-50 
 
 9-00 
 
 9-50 
 
 10-00 
 
 12-50 1 
 
 5-00 
 
 20-00 
 
 2500 
 
 IKK) 
 
 7-15 
 
 7-70 
 
 8-25 8-80 
 
 9-35 
 
 9-90 
 
 1045 
 
 1100 13-75 116-50 
 
 22-00 i 27 50 
 
 12W 
 
 7-M1 
 
 8-40 900 900 
 
 10-20 
 
 1080 1140 
 
 12-00 i 15-00 i J8-00 ' 
 
 24-00 3000 
 
 1300 
 
 8-4a 
 
 9-10 ! 9-75 10-40 
 
 11-05 
 
 1 1 70 12 35 
 
 1300 
 
 16-251 19-50 
 
 26-00 3350 
 
 1IIKI 
 
 9-l 
 
 980ilO-50 11-20 
 
 11-90 
 
 12-60 13-30 
 
 14-00 
 
 17-50! 21-00 
 
 J8 00 i 3. r ,-00 
 
 I5(K) 
 
 9-75 
 
 10-50; 11-25 12 00 ! 12-75 
 
 13-50 14-25 
 
 1500 19-75 2-2-50 . 
 
 JO-00 1 37-50 
 
 1600 
 
 |o-4( 
 
 11-20 12-00 1280 13-60 
 
 14 40 15-20 
 
 16-00 2000 '24-00 3200 40-00 
 
 1700 
 
 11-05 
 
 MflO 12-75 13(50 14-15 
 
 1530 16-15 
 
 17-00 21-25 25-.30 34-00142-50 
 
 1,(>0 
 
 11-71 
 
 13 60 13- V) 14-40 15 30 
 
 16-20 17-10J 13-00 2-250 27.00 36-00 45-00 
 
 1900 1-2 3V 13-30 14-25 15-20 16-15 17-10 19-05 1000 23 ~5 2S 50 38-00 47-50
 
 IRON, COAL, AND MERCHANDISE READY RECKONER. 115 
 If ibe No. required is not in the Tablet, add the amounts of two numbers together. 
 
 ct; ctx cts $ a 9 ct 
 
 $ ct 9ct 9ct $ ct i $ ct 9ct 
 
 9 Ct !$ rl.t 9 cts :$ cti 
 
 U^ 
 
 15 
 
 eo 
 
 w 
 
 1-00 2-00 
 
 3-00 
 
 4-00 
 
 5-00 
 
 6-00 
 
 7-00 
 
 8-00 
 
 9-OC 
 
 10-00 
 
 11-00 
 
 12-00 
 
 15 
 
 
 
 
 
 1 
 
 1 
 2 
 
 3 
 
 3 
 
 "3 
 4 
 
 5 
 
 5 
 
 fl 
 
 7 
 
 5 
 7 
 
 5 
 
 8 
 
 20 
 
 
 
 
 
 2 
 
 31 -4 
 
 4 
 
 5 
 
 6 
 
 7 
 
 k 
 
 9 
 
 10 
 
 11 
 
 25 
 
 
 
 
 'i 
 
 4 
 
 g .4 
 
 5 
 
 7 
 
 8 
 
 9 
 
 K 
 
 11 
 
 12 
 
 13 
 
 30 
 
 
 
 'i 
 
 i 
 
 3 
 
 .4! -5 
 
 7 
 
 8 
 
 9 
 
 11 
 
 a 
 
 13 
 
 15 
 
 16 
 
 40 
 
 
 
 I 
 
 2 
 
 4 
 
 5 
 
 7 
 
 9 
 
 11 
 
 13 
 
 14 
 
 in 
 
 18 
 
 20 
 
 21 
 
 50 
 
 
 'i 
 
 2 
 
 2 
 
 4 
 
 6 
 
 9 
 
 11 
 
 13 
 
 16 
 
 18 
 
 41 
 
 22 
 
 25 
 
 27 
 
 60 
 
 
 i 
 
 2 
 
 3 
 
 4 
 
 8 
 
 11 
 
 13 
 
 16 
 
 19 
 
 21 
 
 21 
 
 27 
 
 29 
 
 32 
 
 70 
 
 
 4 
 
 ;4 
 
 3 
 
 G 
 
 9 
 
 12 
 
 15 
 
 19 
 
 22 
 
 25 
 
 41 
 
 31 
 
 34 
 
 37 
 
 SO 
 
 
 2 
 
 "3 
 
 4 
 
 '<7 
 
 11 
 
 14 
 
 13 
 
 21 
 
 25 
 
 29 
 
 41 
 
 36 
 
 39 
 
 43 
 
 00 
 
 
 4. 
 
 14 
 
 4 
 
 s 
 
 12 
 
 16 
 
 20 
 
 24 
 
 28 
 
 32 
 
 41 
 
 40 
 
 44 
 
 48 
 
 100 
 
 'i 
 
 4 
 
 a 
 
 4 
 
 4 
 
 13 
 
 18 
 
 22 
 
 27 
 
 31 
 
 36 
 
 40 
 
 45 
 
 49 
 
 54 
 
 200 
 
 4 
 
 '* 
 
 4 
 
 9 
 
 is 
 
 27 
 
 36 
 
 45 
 
 54 
 
 63 
 
 71 
 
 M 
 
 99 
 
 98 
 
 1-117 
 
 300 
 
 a 
 
 7 
 
 10 
 
 13 
 
 47 
 
 40 
 
 54 
 
 67 
 
 80 
 
 94 
 
 1-07 
 
 141 
 
 1-34 
 
 1-47 
 
 1-01 
 
 400 
 
 i 
 
 9 
 
 n 
 
 18 
 
 :!ti 
 
 54 
 
 71 
 
 89 
 
 1-07 
 
 1-25 
 
 1-43 
 
 Mil 
 
 1-79 
 
 1-96 
 
 2-14 
 
 500 
 
 '4 
 
 11 
 
 17 
 
 43 
 
 15 
 
 67 
 
 89 
 
 M2 
 
 1-34 
 
 1-56 
 
 1-79 
 
 841 
 
 2-23 
 
 2-46 
 
 2-68 
 
 600 
 
 7 
 
 13 
 
 40 
 
 27 
 
 51 
 
 so 
 
 1-07 
 
 1-34 
 
 1-61 1 1-88 
 
 2-14 
 
 8-41 
 
 2-63 
 
 2-95 
 
 321 
 
 700 
 
 4 
 
 hi 
 
 43 
 
 31 
 
 43 
 
 94 
 
 1-25 
 
 1-56 
 
 1-37 2-19' 
 
 2-50 
 
 8-81 
 
 3-12 
 
 3-44 
 
 3-75 
 
 800 
 
 -t 
 
 <tt 
 
 47 
 
 36 
 
 71 
 
 1-07 
 
 1-43 
 
 1-79 
 
 2-14 
 
 2-50 
 
 2-S6 
 
 .{Jl 
 
 3-57 
 
 3-93 
 
 429 
 
 900 
 
 10 
 
 40 
 
 
 
 40 
 
 40 
 
 141 
 
 Mil 
 
 2-01 
 
 2-41 
 
 2-81 
 
 3-21 3-(i2 
 
 4-02 
 
 4-42 
 
 4-32 
 
 MOO 
 
 11 
 
 -J-J 
 
 43 
 
 45 
 
 8!) 
 
 1-34 
 
 1-79 
 
 2-23 
 
 2-68 
 
 3-13 
 
 3-57 
 
 4-d-J 
 
 4-46 
 
 4-91 
 
 5-36 
 
 1100 
 
 i-J 
 
 48 
 
 3? 
 
 49 
 
 98|l-47 
 
 1-96 
 
 2-46 
 
 295 
 
 3-44 
 
 3-93 
 
 4-1'J 
 
 4-91 
 
 5-40 
 
 589 
 
 1200 
 
 13 
 
 47 
 
 40 
 
 54 1-07 
 
 1.61 
 
 2-14 
 
 2-68 
 
 3-21 
 
 3-75 
 
 4-29 
 
 i--> 
 
 5-36 
 
 5-89 
 
 0-43 
 
 1300 
 
 II 
 
 49 
 
 II 
 
 58 MO 
 
 1-74 
 
 2-32 
 
 2-90 
 
 3-48 
 
 4-06 
 
 4-64 
 
 5-J-J 
 
 5-80 
 
 6-33 
 
 6-96 
 
 1400 
 
 Hi 
 
 -n 
 
 47 
 
 62 1-25 
 
 1-87 
 
 2-50 
 
 3.12 
 
 3-75 
 
 4-33 
 
 5-00 
 
 5-(i2 
 
 6-25 
 
 6-87 
 
 7-50 
 
 1500 
 
 IT 
 
 i!.'i 
 
 50 
 
 67 
 
 'J 1 
 
 2-01 
 
 2-G8 
 
 8-88 
 
 4-02 
 
 4-69 
 
 5-30 
 
 (i-03 
 
 6-70 
 
 7-37 
 
 8-04 
 
 1000 
 
 H 
 
 on 
 
 54 
 
 71 1 
 
 43 
 
 2-14 
 
 2-86 
 
 3.57 
 
 4-28 
 
 5-00 
 
 5-71 
 
 (i- 13 
 
 7-14 
 
 7-86 
 
 8-57 
 
 1700 
 
 I!) 
 
 38 
 
 57 
 
 76 1-52 2-28 
 
 3-03 
 
 3-79 
 
 4-56 5-31 
 
 6-07 6-83 
 
 7-59 
 
 8-35 
 
 9-11 
 
 1800 
 
 40 
 
 10 
 
 60 
 
 SO 1-61 :2-4l 
 
 3-21 
 
 4-02 
 
 4-82 1 5-(>3 
 
 6-43 
 
 7-vi-i 
 
 8-04 8-84 
 
 9-64 
 
 1900 
 
 41 
 
 42 
 
 64 -So il-70 
 
 2-54 
 
 3-39 
 
 4-24 5-09 
 
 5-94 
 
 6-78 
 
 7-G3 
 
 8-43 
 
 9-33 10-18 
 
 2000 
 
 41 
 
 45 -67 -89 1-79 2-68 
 
 3-57 
 
 4-40 15-36 6-25 
 
 7-14 
 
 H-03 
 
 8-93 
 
 9-82 10-71 
 
 2IW "21 -47 -701 -04 1-^7 
 
 2-MI 3-75 4-fiil 5-02 G-5(5 7'50 S-44 9-37 
 
 10-31 11-25 
 
 
 S cts 9 ets 9 ctt 
 
 9 cts 9 cts 
 
 S cts 9 r.ts 
 
 9 cts 
 
 9 cts 
 
 $ CM 
 
 S ets 1 S rl.t 
 
 Uet. 
 
 13-00 
 
 14-00 
 
 15-00 
 
 1(5-00 
 
 1-7-00 
 
 18-00 
 
 19-00 
 
 20-00 
 
 21-00 
 
 22-00 
 
 23-00 '24 -00 
 
 W 
 
 a 
 
 6 
 
 7 
 
 
 7 
 
 8 
 
 8 
 
 8 
 
 9 
 
 
 9 
 
 10 
 
 10 
 
 11 
 
 15 
 
 9 
 
 9 
 
 10 
 
 
 It 
 
 11 
 
 12 
 
 13 
 
 13 
 
 
 14 
 
 15 
 
 15 
 
 16 
 
 20 
 
 12 
 
 13 
 
 13 
 
 
 11 
 
 15 
 
 10 
 
 17 
 
 18 
 
 
 19 
 
 20 
 
 21 
 
 21 
 
 25 
 
 15 
 
 10 
 
 17 
 
 
 is 
 
 19 
 
 20 
 
 21 
 
 22 
 
 
 43 
 
 25 
 
 26 
 
 27 
 
 30 
 
 17 
 
 19 
 
 20 
 
 
 Jl 
 
 23 
 
 24 
 
 25 
 
 27 
 
 
 48 
 
 29 
 
 31 
 
 32 
 
 40 
 
 23 
 
 25 
 
 27 
 
 
 j;| 
 
 30 
 
 32 
 
 34 
 
 36 
 
 
 38 
 
 39 
 
 41 
 
 43 
 
 50 
 
 29 
 
 31 
 
 33 
 
 
 i', 
 
 38 
 
 40 
 
 42 
 
 45 
 
 
 47 
 
 49 
 
 51 
 
 54 
 
 HO 
 
 35 
 
 38 
 
 40 
 
 
 13 
 
 40 
 
 48 
 
 51 
 
 54 
 
 
 M 
 
 59 
 
 62 
 
 64 
 
 70 
 
 41 
 
 44 
 
 47 
 
 
 50 
 
 S3 
 
 50 
 
 59 
 
 62 
 
 
 156 
 
 69 
 
 72 
 
 75 
 
 80 
 
 40 
 
 50 
 
 54 
 
 
 57 
 
 61 
 
 61 
 
 Gfl 
 
 71 
 
 
 '75 
 
 79 
 
 82 
 
 86 
 
 90 
 
 52 
 
 56 
 
 60 
 
 
 111 
 
 68 
 
 72 
 
 70 
 
 80 
 
 
 HI 
 
 88 
 
 92 
 
 96 
 
 1 HI 
 
 53 
 
 63 
 
 G7 
 
 
 71 
 
 76 
 
 80 
 
 85 
 
 89 
 
 
 44 
 
 96 
 
 1-03 
 
 1-07 
 
 200 
 
 M6 
 
 1-25 
 
 1-34 
 
 1-42 
 
 1-52 
 
 1-61 
 
 1-70 
 
 1-79 
 
 1-68 
 
 1-90 
 
 2-05 
 
 2-14 
 
 300 
 
 1-74 
 
 1-8* 
 
 2-01 
 
 2- 
 
 II 
 
 2-23 
 
 2-41 
 
 2-54 
 
 2-63 
 
 
 
 "i 
 
 2-SIS 
 
 3-08 
 
 3-21 
 
 400 
 
 2-32 
 
 2-50 
 
 2-63 
 
 2-80 
 
 3-04 
 
 3-21 
 
 3-39 
 
 3-57 
 
 ii 
 
 75 
 
 3-93 
 
 4-11 
 
 4-29 
 
 500 
 
 2-90 
 
 313 
 
 3-35 
 
 3- 
 
 57. 3-79 
 
 4-02 
 
 4-24 
 
 446 
 
 4 
 
 09 
 
 4-91 
 
 5-13 
 
 5-36 
 
 I>OO 
 
 3-48 
 
 ,3-75 
 
 4-02 
 
 4-291 4-55 
 
 4-82 
 
 5-09 
 
 5-30 
 
 5-63 
 
 5-89 
 
 6-16 
 
 6-43 
 
 700 
 
 4-06 
 
 4-38 
 
 469 
 
 5- 
 
 00 1 5-31 
 
 5-62 
 
 5-94 
 
 6-25 
 
 6 
 
 5li 
 
 6-87 
 
 7-19 
 
 7-50 
 
 8110 
 
 4-64 
 
 5-00 
 
 5-36 
 
 57ll 6-07 
 
 6-43 
 
 6-79 
 
 7-14 
 
 7-50 
 
 7-8(5 
 
 8-21 
 
 8-57 
 
 DUO 
 
 522 
 
 5-63 
 
 6-03 
 
 6-431 6-83 
 
 7-23 
 
 7-63 S-04 
 
 8-44 
 
 8-84 
 
 9-24 
 
 9-64 
 
 1080 
 
 5-SO 
 
 6-25 
 
 6-70 
 
 7- 
 
 14 
 
 7-39 
 
 8-04 
 
 8-48 8-93 
 
 9 
 
 38 
 
 9-82 
 
 10-27 
 
 10-71 
 
 MINI 
 
 6-38 
 
 6-88 
 
 7-37 
 
 7. 
 
 -li 
 
 8-35 
 
 8-84 
 
 9-33 9-82 
 
 10 
 
 31 
 
 10-30 
 
 11-29 
 
 11-79 
 
 1800 
 
 6-96 
 
 7-50 
 
 8-04 
 
 8-57 
 
 9-11 
 
 9-64 
 
 10- 18 110-71 
 
 1 1 -25 il 1-79 ! 12-32 
 
 12-86 
 
 I9DU 
 
 7-54 
 
 8-13 
 
 8-70 
 
 9-28 
 
 9-87 
 
 10-45 
 
 11-03 11-61 
 
 12-19 12-77113-35: 13-93 
 
 I4on 
 
 8-12 
 
 8-75 
 
 9-37 
 
 10- 
 
 X) 
 
 10-152 11-23 
 
 11-87 
 
 12-50 
 
 13 
 
 13 
 
 13-75 1 14-37 15-00 
 
 1.500 
 
 8-70 
 
 9-33 
 
 10-04 
 
 10-71 
 
 11-33 12-05 
 
 12-72 13-39 
 
 14-00 
 
 14-73 
 
 15-40 16-07 
 
 MOO 
 
 9-28 10-00 
 
 10-71 
 
 11' 
 
 |:l 
 
 12-14 
 
 12-86 
 
 13-57 14-28 1 15 
 
 00 ; 15-71 
 
 1(5-43 17-14 
 
 17(K) 
 
 9-90 10-63 
 
 11-33 12- 
 
 It 
 
 12-90 
 
 13-66 14-42 15-18 15 
 
 94 16-70 1 17-45 18-21 
 
 1800 
 
 10-44 11-25 
 
 12-05 
 
 12-S6 
 
 13-66 114-46 15-27 10-07 1 16-88 17-68 i 18-4"8 10-29 
 
 1900 
 
 11-03 
 
 11-83 
 
 12-72 
 
 13- 
 
 37 14 12,15-27 16- 12 16-90 17 
 
 51 1 18-60; 19-51 20-36 
 
 now 
 
 11-61 
 
 12-50 
 
 13-39 
 
 II 
 
 28 15-13 16-07 
 
 16-% 17-86 18 
 
 75 19-64 20-53 21 43 
 
 2100 
 
 12-19 
 
 13-13 I4-00 1 15-00 15-91 1(5-87 ' 17-H1 18-75 lp-G'1 20-62 21-5> 22-50
 
 116 
 
 IRON, COAL, AND MERCHANDISE READY RECKONER. 
 
 If the article cost $12-50 per ton, add the amounts under $12. and 50 cents togetner. 
 
 Lhi 
 
 $ cts 
 25-00 
 
 $ cts 
 26-00 
 
 $ C'S 
 
 27-00 
 
 $ CM 
 
 28-00 
 
 $ cts 
 29-00 
 
 $ Cti 
 
 30-00 
 
 9m 
 31-00 
 
 ' & CM 
 
 32-00 
 
 $ ctn 
 33-00 
 
 $ cts 
 34-00 
 
 $ CM , $ Cts 
 35-00 1 36-00 
 
 10 
 
 ~-Fl 
 
 12 
 
 12 
 
 13 
 
 13 
 
 13 
 
 14 
 
 14 
 
 15 
 
 15 
 
 16 
 
 J6 
 
 15 
 
 17 
 
 17 
 
 IB 
 
 19 
 
 19 
 
 20 
 
 21 
 
 21 
 
 22 
 
 23 
 
 23 
 
 24 
 
 2(i 
 
 22 
 
 23 
 
 M 
 
 25 
 
 26 
 
 27 
 
 28 
 
 29 
 
 29 
 
 30 
 
 31 
 
 32 
 
 25 
 
 28 
 
 29 
 
 JO 
 
 31 
 
 32 
 
 33 
 
 35 
 
 36 
 
 37 
 
 38 
 
 39 
 
 40 
 
 30 
 
 38 
 
 35 
 
 36 
 
 38 
 
 39 
 
 40 
 
 41 
 
 43 
 
 44 
 
 46 
 
 47 
 
 48 
 
 40 
 
 45 
 
 46 
 
 48 
 
 50 
 
 52 
 
 54 
 
 55 
 
 57 
 
 59 
 
 61 
 
 63 
 
 64 
 
 5!l 
 
 56 
 
 5d 
 
 60 
 
 .63 
 
 65 
 
 67 
 
 69 
 
 71 
 
 74 
 
 76 
 
 78 
 
 80 
 
 (id 
 
 67 
 
 70 
 
 72 
 
 75 
 
 78 
 
 80 
 
 83 
 
 86 
 
 88 
 
 91 
 
 94 
 
 96 
 
 70 
 
 73 
 
 81 
 
 94 
 
 88 
 
 91 
 
 94 
 
 97 
 
 1-00 
 
 1-03 
 
 1-06 
 
 109 
 
 1-12 
 
 60 
 
 89 
 
 93 
 
 96 
 
 1-00 
 
 1-04 
 
 1-07 
 
 I'll 
 
 1-14 
 
 1-18 
 
 1-21 
 
 1-25 
 
 1-29 
 
 90 
 
 POO 
 
 1-04 
 
 1-08 
 
 1-13 
 
 1-16 
 
 1-21 
 
 1-25 
 
 1-29 
 
 1-33 
 
 1-37 
 
 1-41 
 
 J-4S 
 
 100 
 
 I'M 
 
 1-16 
 
 1-21 
 
 1-25 
 
 1-29 
 
 1-34 
 
 1-38 
 
 1-43 
 
 1-47 
 
 1-52 
 
 1-56 
 
 1-61 
 
 2 
 
 223 
 
 2-32 
 
 2-41 
 
 2-50 
 
 2-59 
 
 2-69 
 
 2-77 
 
 2-86 
 
 S-94 
 
 3-04 
 
 3-12 
 
 3-21 
 
 300 
 
 3-35 
 
 3-48 
 
 3-02 
 
 3-75 
 
 3-88 
 
 4-02 
 
 4-15 
 
 4-29 
 
 4-41 
 
 4-55 
 
 4-69 
 
 4-82 
 
 400 
 
 4 Hi 
 
 4-64 
 
 4-82 
 
 5-00 
 
 5-18 
 
 5-36 
 
 5-54 
 
 5-71 
 
 5-89 
 
 6-07 
 
 6"25 
 
 6-43 
 
 500 
 
 5-58 
 
 5-SO 
 
 6-03 
 
 6-25 
 
 6-47 
 
 6-70 
 
 6-92 
 
 7-14 
 
 7-37 
 
 7-59 
 
 7-81 
 
 804 
 
 (iOO 
 
 670 
 
 6-96 
 
 7-23 
 
 7-50 
 
 7-77 
 
 8-04 
 
 8-30 
 
 8-57 
 
 8-84 
 
 9-11 
 
 9-38 
 
 9-64 
 
 :oo 
 
 7-S1 
 
 8-12 
 
 8-44 
 
 8-75 
 
 9-06 
 
 9-37 
 
 9-09 
 
 10-00 
 
 10-31 
 
 10-62 
 
 10-94 
 
 11 25 
 
 800 
 
 8-93 
 
 9-29 
 
 961 
 
 10-00 
 
 10-36 
 
 10-71 
 
 11-07 
 
 11-43 
 
 11-79 
 
 12-14 
 
 12-50 
 
 12-86 
 
 9<K 
 
 UHM 
 
 10-45 
 
 10-85 
 
 11-25 
 
 11-65 
 
 12-05 
 
 12-46 
 
 12-86 
 
 13-26 
 
 13-IH3 
 
 14-06 
 
 14-46 
 
 I!!,' 1 
 
 11-10 
 
 11-61 
 
 12-05 
 
 12-50 
 
 12-95 
 
 13-39 
 
 13-94 
 
 14-29 
 
 14-73 
 
 15-18 
 
 15-63 
 
 16-07 
 
 Ill" 
 
 t**8 
 
 12-77 
 
 13-26 
 
 13-75 
 
 14-24 
 
 14-73 
 
 15-22 
 
 15-71 
 
 16-21 
 
 16-70 
 
 17-19 
 
 17-68 
 
 1200 
 
 13-39 
 
 13-93 
 
 14-46 
 
 15-00 
 
 15-54 
 
 16-07 
 
 16-61 
 
 17-14 
 
 17-68 
 
 18-21 
 
 1875 
 
 1929 
 
 1:700 
 
 H-51 
 
 15-09 
 
 15-67 
 
 16-25 
 
 16-93 
 
 17-41 
 
 17-99 
 
 18-57 
 
 19-15 
 
 19-73 
 
 2>-31 
 
 2089 
 
 I4(KI 
 
 15-02 
 
 16-25 
 
 16-87 
 
 17-50 
 
 18-12 
 
 18-75 
 
 19-37 
 
 20-00 
 
 20-62 
 
 21-25 
 
 21-88 
 
 22-50 
 
 15'KI 
 
 1b-74 
 
 17-41 
 
 18-03 
 
 18-75 
 
 19-42 1 20-09 20-76 
 
 21-43 
 
 22-10 1 22-77 
 
 2344 
 
 24-11 
 
 KJi'ii 
 
 17-86 J1S-57 
 
 19-28 
 
 20-00 
 
 20-71 21 43 22-14 
 
 22-86 j 23-57 24-28 
 
 2500 
 
 25-71 
 
 170 
 
 1897 
 
 19-73 
 
 20-49 
 
 21-25 
 
 22-00 22-77 
 
 23-53 
 
 24-28 
 
 25-04 25-80 
 
 26-56 
 
 2732 
 
 1-00 
 10011 
 
 2(1-0} 
 21-20 
 
 20-89 
 22-05 
 
 21-70 
 22-90 
 
 22-50123-30 24-11 | 24-91 
 23-75 24-60 1 25-44 1 26-29 
 
 25-71 
 27-14 
 
 26-52 27-32 
 27-99 28-84 
 
 28-13 
 2969 
 
 28-93 
 30-53 
 
 20(H) 
 2100 
 
 22-32 
 23-44 
 
 21-21 
 24-37 
 
 24-10 
 25-31 
 
 25-00 
 
 26-25 
 
 25-9| 26-78 27-67 
 27-19 23-12 29-06 
 
 28-57 
 30-00 
 
 29-46 3036 
 30-93 31-87 
 
 31-23 
 32-81 
 
 32 14 
 ^3-75 
 
 
 9 CM 
 
 $ cts 
 
 9 CM 
 
 9 CM 
 
 $ ct.i 
 
 $ cM 1 * cts 
 
 $ cM i $ CM I $ CM $ ds 
 
 S cts 
 
 Lbs. 
 
 37-00 
 
 38- 
 
 39-00 
 
 40-00 
 
 41-00 
 
 42-00 
 
 43-.00 
 
 44-00 
 
 45-00 50-00 
 
 5500 
 
 60-00 
 
 10 
 
 17 
 
 17 
 
 17 
 
 18 
 
 18 
 
 19 
 
 19 
 
 20 
 
 20 
 
 22 
 
 25 
 
 27 
 
 15 
 
 25 
 
 25 
 
 26 
 
 27 
 
 27 
 
 28 
 
 29 
 
 29 
 
 30 
 
 33 
 
 37 
 
 40 
 
 20 
 
 33 
 
 34 
 
 35 
 
 36 
 
 37 
 
 38 
 
 38 
 
 39 
 
 40 
 
 45 
 
 49 
 
 54 
 
 25 
 
 41 
 
 42 
 
 44 
 
 45 
 
 46 
 
 47 
 
 48 
 
 49 
 
 50 
 
 as 
 
 61 
 
 67 
 
 30 
 
 50 
 
 51 
 
 52 
 
 54 
 
 55 
 
 56 
 
 57 
 
 59 
 
 60 
 
 67 
 
 74 
 
 80 
 
 40 
 
 60 
 
 68 
 
 70 
 
 71 
 
 73 
 
 75 
 
 77 
 
 79 
 
 80 
 
 89 
 
 98 
 
 107 
 
 50 
 
 83 
 
 85 
 
 87 
 
 89 
 
 92 
 
 94 
 
 96 
 
 98 
 
 1-00 
 
 1-12 
 
 1-23 
 
 1-34 
 
 60 
 
 99 
 
 1-02 
 
 1-04 
 
 1-07 
 
 MO 
 
 1 13 
 
 1-15 
 
 1-18 
 
 1-20 
 
 1-34 
 
 1-47 
 
 1-61 
 
 70 
 
 I-N 
 
 1-19 
 
 1-21 
 
 1-25 
 
 1-28 
 
 1-31 
 
 1-34 
 
 1-37 
 
 1-41 
 
 1-56 
 
 1 72 
 
 187 
 
 80 
 
 1-32 
 
 1-36 
 
 1-39 
 
 143 
 
 1-46 
 
 1-50 
 
 154 
 
 1-57 
 
 161 
 
 1-79 
 
 1-96 
 
 214 
 
 90 
 
 1-49 
 
 1-53 
 
 1-57 
 
 1-61 
 
 1-65 
 
 1-69 
 
 173 
 
 1-77 
 
 1-81 
 
 2-01 
 
 2-21 
 
 2-41 
 
 100 
 
 1-65 
 
 1-70 
 
 1-74 
 
 1-79 
 
 1-83 
 
 1-88 
 
 1-93 
 
 1-96 
 
 2-01 
 
 2-23 
 
 2-46 
 
 2-68 
 
 200 
 
 330 
 
 339 
 
 3-48 
 
 3-57 
 
 3-66 
 
 3-75 
 
 3-84 
 
 393 
 
 4-02 
 
 4-46 
 
 491 
 
 5-36 
 
 300 
 
 4-96 
 
 5-09 
 
 5-22 
 
 5-36 
 
 5-49 
 
 5-63 
 
 576 
 
 5-89 
 
 6-03 
 
 6-70 
 
 7-37 
 
 8-04 
 
 I(K) 
 
 6-61 
 
 679 
 
 6-96 
 
 7-14 
 
 7-32 
 
 7-50 
 
 7-68 
 
 7-86 
 
 8-04 
 
 8-93 
 
 9-H2 
 
 10-71 
 
 500 
 
 826 
 
 8-48 
 
 8-71 
 
 8-93 
 
 9-15 
 
 9-38 
 
 9-60 
 
 9-82 
 
 10-04 
 
 11-16 
 
 1228 
 
 13-39 
 
 600 
 
 9-91 
 
 10-18 
 
 10-45 
 
 10-71 
 
 10-98 
 
 11-25 
 
 11-52 
 
 11-79 
 
 12-05 
 
 133911473 
 
 16-07 
 
 700 
 
 11-56 
 
 11-87 
 
 12-19 
 
 12-50 
 
 12-81 
 
 13-13 
 
 13-44 
 
 13-75 
 
 14-06 
 
 15-62 
 
 17-19 
 
 18-75 
 
 800 
 
 13-21 
 
 13-57 
 
 13-93 
 
 14-29 
 
 14-64 
 
 15-00 
 
 15-36 
 
 15-71 
 
 1607 
 
 17-86 
 
 1964 
 
 21-43 
 
 900 
 
 14-87 
 
 1527 
 
 15-67 
 
 16-07 
 
 16-47 
 
 16-88 
 
 17-28 
 
 17-68 
 
 18-08 
 
 20-09 
 
 22-10 
 
 24-11 
 
 1000 
 
 1652 
 
 16-96 
 
 17-41 
 
 17-86 
 
 18-30 
 
 18 75 1 19 20 
 
 19-64 
 
 2009 
 
 2232 
 
 24-55 
 
 26-79 
 
 IKK) 
 
 18-17 
 
 18-66 
 
 19-15 
 
 19-64 
 
 20-13 
 
 20-63 21-12 
 
 21-61 
 
 22-10 
 
 24 55 j 27-01 
 
 29-46 
 
 1-20(1 
 
 19-82 
 
 20-36 
 
 20-89 
 
 21-43 21-96 
 
 22-50 1 23-04 
 
 2357 
 
 24-11 
 
 26-79 2946 
 
 3214 
 
 l:iOO 
 
 21-47 
 
 2205 22-63 
 
 23-21 i 23-79 
 
 24-38 24.95 
 
 25-53 
 
 26-12 
 
 29-02 
 
 31 92 
 
 31*2 
 
 1 100 
 
 23-12 
 
 23 75 24-37 
 
 25-00 i 25-62 
 
 26 25 1 26 87 
 
 27-50 
 
 28 12 
 
 31-25 
 
 34-37 
 
 37-50 
 
 15(K) 
 
 n;ou 
 
 2478 
 2643 
 
 25-45 
 27 14 
 
 26-12 26-79 27-45 I2J--13 
 27-8 28-57 29-23 30-00 
 
 28-79 
 30-71 
 
 29-46 
 31-43 
 
 30-13 
 32-14 
 
 33-48 
 35-71 
 
 3683 
 3928 
 
 40-18 
 42-86 
 
 17(K) 
 
 2H-08 
 
 28-84 
 
 29-60 130-36 31-12 31-88 
 
 32-63 33-39 (34-15 
 
 3795 
 
 41-74 
 
 4553 
 
 1800 
 
 29-73 
 
 30-54 
 
 31-31! 32-14 32-95 33-75 ' 34-55 35-36 36-16 
 
 40-1814420 
 
 48-21 
 
 1900 
 
 11*98 
 
 32-23 ! &3-08 ! 33-93 31-78 
 
 35-63 
 
 36-47 
 
 37-32 38 17 
 
 42-41 46-65 
 
 50-P9 
 
 SfllOO 
 
 33-03 
 
 33-93 31-82 35-71 3661 
 
 37-50 
 
 38-39 
 
 39-28! 40- 18 
 
 44-64 49-11 
 
 53-57 
 
 9MMI 
 
 JI-68 35-63 36-56 37-50 3<H4 1 39 38 40-31 
 
 41-25 42-19 
 
 46-97 51 50 
 
 50-25
 
 READY RECKONER, BY THE PIECE, BUSHEL, &O. 
 
 117 
 
 READY RECKONER, to find the Price of nny Number of Pounds, Yard*, 
 
 1'iiTt-s, or Bushels, from 2 cents to $3-00. 
 The first column contains the NUMBER, the top columns the PRICES. 
 
 Not 2ct. 3ct 
 
 4ct.Sct.Oct. 6>ct. 
 
 7 ct. 
 
 tict. 
 
 I 
 
 ct. 10 ct. net. 
 
 2c. 124 ct. 13 ct. 14 ct. 
 
 2 
 
 4-0 
 
 8 -10 
 
 12 
 
 124 
 
 14 
 
 16 
 
 
 18 
 
 20 
 
 22 
 
 24i 
 
 25 
 
 20 
 
 28 
 
 3 
 
 0-9 
 
 12 -15 
 
 18 
 
 id 
 
 21 
 
 24 
 
 
 *7 
 
 30 
 
 33 
 
 36 
 
 374 
 
 39 
 
 42 
 
 4 
 
 8. -12 
 
 10 -2( 
 
 a4 
 
 25 
 
 28 
 
 32 
 
 
 30 
 
 40 
 
 44 
 
 48 
 
 50 
 
 52 
 
 50 
 
 5 
 
 :oi -is 
 
 20 -25 
 
 30 
 
 3IJ 
 
 35 
 
 40 
 
 
 II 
 
 50 
 
 55 
 
 60 
 
 624 
 
 65 
 
 70 
 
 
 
 12: -18 
 
 24 -30 
 
 36 
 
 37* 
 
 42 
 
 48 
 
 
 H 
 
 60 
 
 60 
 
 72 
 
 75 
 
 78 
 
 84 
 
 7 
 
 14i -21 
 
 23 -35 
 
 42 
 
 433 
 
 49 
 
 58 
 
 
 ii:i 
 
 70 
 
 77 
 
 84 
 
 '87 i 
 
 91 
 
 98 
 
 8 
 
 10 -21 
 
 32 -40 
 
 48 
 
 51 
 
 56 
 
 64 
 
 
 70 
 
 60 
 
 88 
 
 90 
 
 1-00 
 
 1-04 
 
 .'12 
 
 9 
 
 18! -27 
 
 30 -45 
 
 54 
 
 5GJ 
 
 63 
 
 72 
 
 
 HI 
 
 90 
 
 99 
 
 1-08 
 
 1-124 
 
 1-17 
 
 1-26 
 
 1(1 
 
 20 -30 
 
 40 -51 
 
 00 
 
 624 
 
 70 
 
 sol 
 
 1)0 
 
 1-00 
 
 1-10 
 
 120 
 
 1-25 1-30 
 
 1-40 
 
 11 
 
 22 -33 
 
 44 -55 
 
 06 
 
 OH 3 
 
 77 
 
 88 
 
 
 <i<) 
 
 1-10 
 
 1-21 
 
 132 
 
 1-374I 1-43 
 
 1-54 
 
 
 24 1 -30 
 
 48 -60 
 
 72 
 
 75 
 
 84 
 
 96 
 
 1-08 
 
 1-20 
 
 132 
 
 144 
 
 1-50 
 
 1-56 
 
 1-08 
 
 13 
 
 20! -39 
 
 52 -65 
 
 78 
 
 8U 
 
 91 
 
 1-04 
 
 1-17 
 
 1-30 
 
 1-43 
 
 156 
 
 1-024 
 
 1-69 
 
 1-82 
 
 14 
 
 28, -42 
 
 50 -70 
 
 .84 
 
 871 
 
 98 
 
 1-12 
 
 1 
 
 JO 
 
 1-40 
 
 1-54 
 
 1-68 
 
 1-75 
 
 1-82 
 
 1-90 
 
 15 
 
 30: -45 
 
 -75 
 
 90 
 
 93} 
 
 1-05 
 
 1-20 
 
 1-35 
 
 1-50 
 
 1-05 
 
 1-80 
 
 1-874 
 
 1-95 
 
 2-10 
 
 10 
 
 32 -48 
 
 01 
 
 96 
 
 1-00 
 
 1-12 
 
 1-28 
 
 J 
 
 II 
 
 160 
 
 1-76 
 
 1-92 
 
 2-IXI 
 
 208 
 
 2-24 
 
 17 
 
 34 i -51 
 
 68 -8S 
 
 1-02 
 
 1-00} 
 
 1-19 
 
 1-30 
 
 1 
 
 r>:i 
 
 1-70 
 
 1-87 
 
 204J 
 
 2-124 
 
 2-21 
 
 2-38 
 
 13 
 
 30! '54 
 
 72 -9C 
 
 1-03 
 
 1-121 
 
 1-26 
 
 1-44 
 
 1 
 
 02 
 
 1-80 
 
 1-98 
 
 210 
 
 2-25 
 
 2-34 
 
 252 
 
 19 
 
 38' -57 
 
 70 -93 
 
 14 
 
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 60 
 
 *2-Sfl 
 
 23-40 
 
 94-00 24-6025-20 25-80 26-40 
 
 27-00 27-60 28-20 23-80 29-40 30 00 30-60 
 
 70 
 
 26-60 
 
 27-30 
 
 28-00 23-7029-40 30-10 30-so 
 
 31-5032- 
 
 20 
 
 32-90 33-6 
 
 134-30 35-00 35-70 
 
 80 
 
 30-40 
 
 31-20 33 00 32-80 a-3-60 34-40 .35-20 
 
 36-00 
 
 36- 
 
 SO 
 
 37-60 38-4 
 
 1 39-20 40-00 40-80 
 
 90 
 
 34 -20 a5- 10 
 
 36-00 30 90 37-80 38-70 3D-60 
 
 40-30 
 
 41-40 
 
 42-30 43-20 44-10 45 00 45-90 
 
 100 
 
 
 30-00 
 
 lli-OO -1 1 -on 40.00 -13-00 4 1-00145-00 4(5-00 47-00 48-00 40-00 50-00 51 -00 

 
 READY RECKONER, BY THE PIECE, BUSHEL, fcC. 
 
 119 
 
 The first column on the lefl c-ntnins the NUMBER of the Article, and the column 
 on the l|>s of the Tuliles, the PRICK. 
 
 Aoa 52 cl. 
 
 Kict. 54 ct. 55 a. 
 
 50ct. 57 ct. 5Sct. 59 ct. ,00 ct. 
 
 01 ct 62 rl. 02 jet. 
 
 l>3 ct. 
 
 '2 
 
 1-04 
 
 1-' 6 1 1 081 1-10 
 
 1-12 
 
 1-14 
 
 MO M8 
 
 1-20 
 
 1-22 
 
 1-24, 
 
 1-25 
 
 1-20 
 
 3 
 
 1 56 
 
 1-59 
 
 1 62 1 65 
 
 1-68 
 
 1-71 
 
 1-74 
 
 1-77 
 
 1-tO 
 
 1-KJ 
 
 1-86 
 
 1-87| 
 
 1-M> 
 
 4 
 
 2-08 
 
 2-12 
 
 216 2 20 
 
 224 
 
 2-28 
 
 2-32 
 
 2-36 
 
 2-40 
 
 2-44 
 
 2-48! 
 
 2-50 
 
 2-52 
 
 5 
 
 200 
 
 2-05 
 
 270 
 
 275 
 
 28" 
 
 2-85 
 
 2-90 
 
 2-S5 
 
 3-00 
 
 3-05 
 
 3-10 
 
 3- 12} 
 
 3-15 
 
 6 
 
 3-12 
 
 3-18 
 
 324 
 
 3-30 
 
 3-36 
 
 3-42 
 
 3-48 
 
 3-54 
 
 3-60 
 
 3-06 
 
 3-72 
 
 3-75 
 
 3-78 
 
 7 
 
 3-04 
 
 3-71 
 
 373 
 
 3-&5 
 
 392 
 
 3-99 
 
 4-00 
 
 4-13 
 
 4-20 
 
 4-27 
 
 434; 
 
 4-374 
 
 4-41 
 
 b 
 
 4 10 
 
 4-24 
 
 432 
 
 4-40 
 
 4-48 
 
 4-56 
 
 4-64 
 
 4-72 
 
 4-HI 
 
 4-88 
 
 4-96' 
 
 5-00 
 
 5-04 
 
 1 
 
 4-08 
 
 4-77 
 
 4H5 
 
 495 
 
 504 
 
 5-13 
 
 5-22 
 
 5-31 
 
 5-40 
 
 5-40 
 
 5-58. 
 
 5-62J 
 
 5-67 
 
 II 
 
 5-20 
 
 5-30 
 
 540 
 
 550 
 
 560 
 
 5-70 
 
 5-HO 
 
 5-90 
 
 6-00 
 
 6-10 
 
 620' 
 
 6-25 
 
 6-30 
 
 11 
 
 5-72 
 
 5-83 
 
 594 
 
 005 
 
 6-10 
 
 6-27 
 
 6-33 
 
 6-49 
 
 6-00 
 
 6-71 
 
 6S2 
 
 6-97} 
 
 6-93 
 
 M 
 
 6-24 
 
 6-36 
 
 043 
 
 600 
 
 6-72 
 
 6-S4 
 
 C-96 
 
 7-08 
 
 7-20 
 
 7-32 
 
 7-44 
 
 7-50 
 
 7-56 
 
 tt 
 
 0-70 
 
 (f-89 
 
 7-02 
 
 7 15 
 
 7-28 
 
 7-41 
 
 7-64 
 
 7-67 
 
 7-S-O 
 
 7-93 
 
 8-06 
 
 8-12} 
 
 8-19 
 
 H 
 
 7-2* 
 
 7-42 
 
 756 
 
 770 
 
 7-84 
 
 7-98 
 
 812 
 
 8-26 
 
 8-40 
 
 8-54 
 
 8-68 
 
 9-75 
 
 8-f-2 
 
 U 
 
 7-H) 
 
 7-05 
 
 8-10 
 
 825 
 
 8-40 
 
 8-55 
 
 8-70 
 
 8-85 
 
 9-00 
 
 9-15 
 
 930 
 
 9-37J 
 
 9-45 
 
 hi 
 
 9Q 
 
 848 
 
 864 
 
 8-80 
 
 8-1X5 
 
 9-12 
 
 9-28 
 
 9-44 
 
 9-00 
 
 9-76 
 
 9-92 10-00" 
 
 10-oe 
 
 17 
 
 8-84 
 
 9-01 
 
 9 18 
 
 9-35 
 
 9-52 
 
 9-09 
 
 9-86 10-03 
 
 10-20 
 
 10-37 
 
 10-54 10-02i 
 
 10-71 
 
 u 
 
 9-36 
 
 9-54 
 
 972 
 
 9-90 
 
 1008 
 
 10-26 
 
 10-44 10-62 
 
 10-M) 
 
 10-98 
 
 11 161 
 
 1-25 
 
 11-34 
 
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 9-88 
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 10-07 
 10-00 
 
 10-26 1045 
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 1064 
 11 20 
 
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 11-40 
 
 11-02 11-21 
 11-fiO 11-60 
 
 11-40 
 12-00 
 
 11-50 
 12-20 
 
 11 78 11 -87$, 11 -97 
 13-4012-.50 112-60 
 
 tl 
 
 0-92 
 
 11-13 
 
 11-3-1 11 55 
 
 1170 
 
 11-97 
 
 12-18 12-39 
 
 12-60 
 
 12-Si 
 
 13-02 1 
 
 3- 12} 13-23 
 
 M 
 
 144 
 
 11-66 
 
 11 --]-' in 
 
 1232 
 
 12-54 
 
 12-76 12-93 
 
 13-20 
 
 13-42 
 
 13-04 1 
 
 3-75 
 
 13.80 
 
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 1-96 
 
 12 19 
 
 12 42; 12-65 
 
 1288 
 
 13-11 
 
 13-34 13-5- 
 
 13-J-O 
 
 14-03 
 
 1426 I4-37J 14-49 
 
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 2-48 
 
 12-72 
 
 12 i)6 ! 13-20 
 
 1344 
 
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 13-92 14 10 
 
 1440 
 
 14-64 
 
 14-98 1 
 
 5-00 
 
 15-12 
 
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 3-IHl 
 
 13-25 
 
 13-50 1375 
 
 14 00 
 
 14-25 14-50 14 75 
 
 J500 
 
 15-25 
 
 15-50 15-62J 
 
 15-75 
 
 H 
 
 5-0(1 
 
 15-J.O 
 
 10-20 1650 
 
 16-80 
 
 17-|0|17-40'1770 
 
 18-00 
 
 ls-30 
 
 18-60 1 
 
 P-75 
 
 1P-90 
 
 4(1 
 
 >0-80 21 20 
 
 21-60 220012240 
 
 22-f !23 20 23-60 |24-00 
 
 24-40 
 
 24-SO 25-00 
 
 25-20 
 
 50 
 
 Mi 
 
 Ai-5'i 27 00 27 50 28-00 
 
 28 50 29-00 20 50 |30-00 
 
 30-50 
 
 31-003 
 
 1-25 
 
 31-50 
 
 fid 
 
 1-20 
 
 31 80 32-40 33(10 33 <>0 
 
 34-20 34 80 3540 36-00 
 
 :?6-00 
 
 37-20 3 
 
 7-50 
 
 37-80 
 
 70 
 
 3040 37-10 37-80 38-50 351-20 
 
 39-90 40-00 41-30 |42'00 
 
 42-70 
 
 43-40 43 75 
 
 44-10 
 
 Hi 
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 1 00 42-4(1 43-20 44-00 44-80 45-60 46-40 47-20 
 080 47-70 4f60 49 50 50 40 51-3" 52-20 S3- 10 
 
 48-00 
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 48-80 40 60 50- CO 
 54-90 55-80 50-25 
 
 50-40 
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 01-00 62-00 62-50 
 
 63-00 
 
 Ktt 
 
 Urt. 
 
 05 . 
 
 00 ct. (>3rt.;07ct. 08 ct. 
 
 69 ct. 70 ct. 71 ct. 
 
 72 ct. 73 ct. 
 
 74 ct 
 
 75 ct. 
 
 ~2 
 
 1-28 
 
 1-30 
 
 1-32 
 
 !:#} 
 
 1-341 1-36 
 
 l8 
 
 1-40 
 
 1-42 
 
 1-44 
 
 1-46 
 
 1-48 
 
 1-50 
 
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 1-92 
 
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 1-!I8 
 
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 2-01 1 2-04 
 
 2-07 
 
 2-10 
 
 2-13 
 
 2-16 
 
 2-19 
 
 2-22 
 
 2-25 
 
 4 
 
 2-50 
 
 2-60 
 
 2-64 
 
 2-06) 
 
 2-68 2-72 
 
 2-T6 
 
 2-f-O 
 
 2-84 
 
 2-88 
 
 2-!'2 
 
 2-06 
 
 3-00 
 
 5 
 
 3-2" 
 
 3-25 
 
 3-3t) 
 
 3-o3j 
 
 3-35] 3-40 
 
 3-15 
 
 3-50 
 
 3-55 
 
 3-60 
 
 3-65 
 
 3-70 
 
 3-75 
 
 
 
 3-S4 
 
 3-90 
 
 3-96 
 
 4-00 
 
 4-02 
 
 4-08 
 
 4-14 
 
 4-20 
 
 4-26 
 
 4-32 
 
 4-38 
 
 4-44 
 
 4-50 
 
 7 
 
 4-48 
 
 4-55 
 
 462 
 
 4 <)(;, 
 
 4-09 
 
 4-76 
 
 4-83 
 
 4-!>0 
 
 4-07 
 
 5-04 5-11 
 
 5-18 
 
 5-25 
 
 8 
 
 5-12 
 
 5-20 
 
 528 
 
 5-33; 
 
 5-30 
 
 5-44 
 
 552 
 
 5-60 
 
 5-'o8 
 
 5-76 
 
 5-M 
 
 5-*02 
 
 0-00 
 
 
 
 576 
 
 5-85 
 
 5-94 
 
 6-00 
 
 6-03 
 
 6-12 
 
 6-21 
 
 6-30 
 
 6-39 
 
 6-18 
 
 6-57 
 
 6-06 
 
 6-75 
 
 10 
 
 6-40 
 
 6-50 
 
 6-60 
 
 6-66! 
 
 6-70 
 
 6-80 
 
 o-ro 
 
 7-00 
 
 7-10 
 
 7-20 
 
 730 
 
 7-40 
 
 -50 
 
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 7-04 
 
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 1 1 -1 
 
 7-20 
 
 7-33, 
 
 7-37 
 
 7-48 
 
 7-59 
 
 7-70 
 
 7-31 
 
 7-P2 MO 
 
 8-14 
 
 P-25 
 
 n 
 
 7-C8 
 
 7-90 
 
 7-92 
 
 8-no 
 
 9-04 
 
 Ma 
 
 8-28 
 
 8-40 
 
 8-52 
 
 8-641 8-76 
 
 8-88 
 
 900 
 
 13 
 
 8-32 
 
 8-45 
 
 8-58 j 8-06; 
 
 8-71 
 
 884 
 
 8-97 9-10 
 
 9-23 
 
 9-36 0-49 
 
 9-02 
 
 0-75 
 
 14 
 
 9-96 
 
 9-10 
 
 9-24 9-33J 
 
 fi-38 
 
 9-52 
 
 9-66 ' 9-80 
 
 9-04 
 
 Id-OS 10-22 
 
 10-36 
 
 10-50 
 
 15 
 
 9-60 
 
 9-75 
 
 9-90 1(H>0 110-05 
 
 10-20 
 
 10-35 10-50 
 
 10-65 
 
 10-80 HH'5 
 
 11-10 11 -as 
 
 Iti 
 
 Hl-21 
 
 IO-40J10-56 1(1-661 10-72 
 
 10-PS 
 
 11-04 11-20 11-36 
 
 11-52 11 -68 
 
 11-94 12-00 
 
 17 
 
 lO-f-8 
 
 11-05 
 
 11-22 11-33} 11-39 
 
 II-M 
 
 11-73 11-J10! 12-07 12-24 19-'41 
 
 l2-5 
 
 12-75 
 
 18 
 
 11-52 
 
 11-70 
 
 11-83il2-liO 12-00 
 
 12-24 
 
 12-42 12-60 112-78 112-P6 13-14 
 
 13-32 
 
 13-50 
 
 10 
 
 12-16 
 
 12-35 
 
 12-54 12-6 3 12-73 
 
 12-92 
 
 13-11 13-30 113-40 I'l-'iS 13-f-7 
 
 14-0014-25 
 
 20 
 
 12-80 
 
 13-i>0 113-20] 13-3:1 J 13-40 
 
 13-60 
 
 13- c n M-nn J14-20 lv-,0 14-60 
 
 14-Pll 
 
 15-00 
 
 21 
 
 13-44 
 
 !3-(i5 13-96 i14-00 14-07 
 
 M-28 
 
 14-49 14-70 14-01 :15 12 15-33 
 
 15-54 
 
 1 V75 
 
 22 
 
 14-18 
 
 14-30 
 
 14-52:14-06? 1174 
 
 14-96 
 
 15-13 15-40 '15-62 15-H4 16-06 
 
 16-28 
 
 10-50 
 
 2:? 
 
 14-72 
 
 14-05 15-18 15-331 15-41 
 
 15-64 
 
 15-87 16-10 16-33 16-56 10-70 
 
 17-02 17-25 
 
 24 
 
 15-36 
 
 15-60 15-84 16-'0 1(5-08 
 
 16-32 
 
 16-56 16-SO 17-04 17-28 17-52 
 
 17-76 18-00 
 
 25 
 
 IC-(K) 
 
 16-25116-50 16-66J 1(1-75 
 
 17-00 J17-25 17-50 17-75 18-00 18-25 
 
 1P-50 18-75 
 
 no 
 
 10-20 
 
 19-50 19-80 '20-00 30-10 
 
 20-40 20-70 21-00 21-30 21-60 21 -W 
 
 22-20 
 
 23-50 
 
 40 
 
 25-60 
 
 26-00 26-40 26-66J 20-PO 
 
 27-20 27-60 28-00 28-40 -ffi-i-0 20-20 
 
 20-60 30-00 
 
 50 
 CO 
 
 3-.'-('0 132-50 33-00 33-33J 33-50 34-00 34-50 35-00 35-50 36-00 36-50 
 '9-40 30-00 39-rO 40-00 40-20 40'J-O 41-40 42-00 42-60 43-20 43-30 
 
 37-CO 37-50 
 44-40 45-00 
 
 7( 
 
 (4 PO 45-50 46-20 40-66J 46-00 47-60 49-30 49-00 4 -70 50-40 51-10 
 
 51^05250 
 
 f-0 
 M 
 KH 
 
 >1-20 
 57-60 
 M-ffl 
 
 5-.'-00 52-80 53-33} 53-60 54-40 5-5-20 56-00 56-90 57-60 58-40 50-2 60-00 
 5P-50 50-40 60-00 60-30 61-20 62-10 63-00 63-90 64-80 5-70 66-6007-50 
 65-Od 66-00 60-66? 67-0068-00 60-00 70-00 171-00 72-00 /3-00 71-0075-00
 
 120 
 
 READY RECKONER, BY THE PIECE, BUSHEL, fcC. 
 
 If the Number required is noi found in the Tables, add two Numbers losether; for 
 instance, if 3-5 bushels are required, add the prices opposite 30 and5 together; 
 and m tor 305 hu.he Is treble the value of 100, and add 00 and 5 together. 
 
 2V<w 70 ct.;77 ct. 78 ct. 79 ct. 
 
 80 ct. 
 
 61 ft. 
 
 82 ct. 
 
 83 ct. 84 ct. 85 ct. 86 ct. 87 rf.,67 j ..8S ct. 
 
 2 
 
 1-52 
 
 1-54 
 
 1-56 
 
 1-58 
 
 1-60 
 
 1-C2 
 
 1-64 
 
 1-66 1-68! 1-70 
 
 1-72; 1-74 1-75 1-76 
 
 3 
 
 2-28 2-31 
 
 2-31 
 
 2-37 
 
 2-40 
 
 2-43 
 
 2-46 
 
 2-49 2-52 2-55 2-581 2-61 
 
 2-62i' 2-64 
 
 4 
 
 3-04 3-08 
 
 3-12 
 
 3-16 
 
 3-20 
 
 3-24 
 
 3-28 
 
 3-32 3-36 3-40 
 
 344 1 3-48 
 
 3-50 3-52 
 
 5 
 
 3-80i 3-85 
 
 3-90 
 
 3-95 
 
 4-00 
 
 4-05 
 
 4-10 
 
 4-15 4-20, 4-25 
 
 t-30; 4-35 4-37A 4-40 
 
 
 
 4-56 
 
 4-02 
 
 4-08 
 
 4-74 
 
 4-80 
 
 4-86 
 
 4-92 
 
 4-98 
 
 5-04 5-10 5-16 5-22 
 
 5-25 5-28 
 
 r 
 
 5-32 
 
 539 
 
 5-46 
 
 5-53 
 
 5-60 
 
 5-67 
 
 5-74 
 
 5-81 
 
 5-83! 5-95 6-02 6-09 
 
 0-12A 6-16 
 
 8 
 
 6-08 
 
 6-16 
 
 6-24 
 
 6-32 
 
 6-40 
 
 6-48 
 
 6-56 
 
 6-64 
 
 6-72 6-60 
 
 5-88. 6-90 
 
 7.00 
 
 7-04 
 
 9 
 
 6-84 
 
 6-93 
 
 7-02 
 
 7-11 
 
 7-20 
 
 7-29 
 
 7-38 
 
 7-47 
 
 7-56 7-65 
 
 7-74 7-83 
 
 7-87A 
 
 7-92 
 
 10 
 
 7-00 
 
 7-70 
 
 7-30 
 
 7-90 
 
 8-00 
 
 8 10 
 
 8-20 
 
 8-30 
 
 8-40 8-50 8-60' 8-70 
 
 S-75 ; 8-80 
 
 11 
 
 3-30 
 
 8-47 
 
 8-53 
 
 8-09 
 
 S-80 
 
 8-91 
 
 9-02 
 
 9-13 
 
 9-24 9-35 
 
 9-46 9-57 
 
 9-62J 9-68 
 
 12 
 
 9-12 
 
 9-24 
 
 9-30 
 
 9-48 
 
 9-60 
 
 9-72 
 
 9-34 
 
 9-96; 10-08 10-20 10-32 10-44 1 
 
 0-50 10-50 
 
 13 
 
 9-88 
 
 10-01 10-14 
 
 10-27 
 
 10-40 ]0-53| 10-66 10- 79; 10-92 11-05 ll-18;ll-3l|11-37i 11-44 
 
 14 
 
 10-61 
 
 10-78 
 
 10-93 
 
 11-00 
 
 11-20 
 
 11-34 
 
 11-48 
 
 11-62:11-76 11-901 
 
 2-04 12-18112-25 12-32 
 
 15 
 
 10 
 
 11-40 
 12-16 
 
 11-55 11-70 11-85 
 12-32 12-48 12 04 
 
 12-00 12-15 
 12-80 12-96 
 
 12-3012-45 
 13-12 13-23 
 
 I2-6!i 12-75 12-90 13-16 13-12i 13-20 
 13-44 13-60 13-76 13-92 14 -IK) 14-08 
 
 17 
 
 12-92 
 
 13-09 
 
 13-26 
 
 13-43 
 
 13-60 
 
 13-77 
 
 13-94 
 
 14-11 
 
 14-23 14-45 1 
 
 4-62 14-7'J 14-87 1 14-96 
 
 18 
 19 
 20 
 21 
 
 13-63 13-36 14-04 14-22 
 14-44I14-03 14-82 15-01 
 I5-20|15-40 15-60 15-80 
 15-9(i|IO-l7 16-38 16'59 
 
 14-40 14-58 
 15-20 15-39 
 16-00 16-20 
 16-80 17-01 
 
 14-76 14-94 
 15-5S 15-77 
 16-40 1 16-60 
 17-22,17-43 
 
 15-12 15-30 15-43 15-Oo|l5-75* 15-84 
 15-96 16-15 16-34 10-53 10-02J 16-72 
 16-80 17-00 17-20 17-40:17-50 17-60 
 17-64 17-85 18-06 18-27 1S-37J 18-48 
 
 22 
 
 10-72 
 
 10-94 
 
 17-16 
 
 17-33 
 
 17-60 
 
 17-82 
 
 13-04 
 
 18-26 
 
 18-43 18-70 I 
 
 5-92 19-14 19-25 19-36 
 
 2:( 
 24 
 
 17-48 
 18-24 
 
 17-71 17-94 
 18-48 13-72 
 
 18-17 
 
 13-90 
 
 18-40 18-63! 18-86' 19-09 
 19-20 19-41 19-68!l9-92 
 
 19-32 19-55 19-78 20-01 20-12$ 20-24 
 20- 16 20-40 20-64 20-88 21-00 21-12 
 
 25 
 
 19-00 
 
 19-25 19-50 19-75 
 
 20-00 20-25 20-50 20-75 
 
 21-00 21-25 21-50 21-75 2I-87J 22-00 
 
 30 
 
 22-80 
 
 23-10 
 
 23-40 
 
 23-70 
 
 24-00 
 
 24-30 
 
 24-60 
 
 21-00 
 
 25-20 25-50 2 
 
 5-80 20- 10 20-25 20-40 
 
 40 
 
 30-40 
 
 30-8031-20.31-60 
 
 32-00 32-40 32-80 a3-20 33-00 34-00 3-1-40 34-80 3.VOO 35-20 
 
 50 
 
 38-00 
 
 38-50 
 
 39-1)0 
 
 39-50 
 
 40-00 
 
 40-50 
 
 41-00 
 
 41-5042-00 42-50 4 
 
 1-00 -I3-50 43-75 44-00 
 
 00 
 
 45-60 
 
 40-20 40-80 47-40 
 
 48-00 48-OOi49-20 49-fcOi50-40 51 -IK) 51-60 52-20 52-50 52-SO 
 
 70 
 
 53-20 
 
 53-90 
 
 51-60 
 
 55-30 
 
 56-Od 
 
 50-70 
 
 57-40 
 
 53-1053-8059-506 
 
 1-20 00-00 01 -25 61-60 
 
 80 
 
 60-80IG1-GO 02-40 03-20 
 
 64-00 64-80 65-60 66-40 67-20 68'00 68-80 69-60 70-00 70-40 
 
 90 68-40'69-30 
 
 70-20 
 
 71-10 
 
 72-00 
 
 72-90 
 
 73-30 
 
 74-70 75-60 76-50 7 
 
 7-40 78-30 7P-75 79-20 
 
 100 -rn-oo 77-nn 
 
 70-011 
 
 7<M(0 
 
 .0-0n 31 -00 32-00 83-00 84-00 85-00 PG-00 87-00 87-50 88-00 
 
 No* 
 
 -i9 ct. 90 ct. 
 
 91 ct. 
 
 92 c. 93 c. 
 
 94 ct. 95 ct 
 
 96 ct. 
 
 97 ct. 98 ct. 
 
 99 ct. 
 
 $1- 
 
 $2. ) S3. 
 
 2 
 
 FTdTsb 
 
 T32 
 
 Tsl Tee 
 
 TssTsx) "F92 
 
 T94 T96 
 
 "798 
 
 2- 
 
 4- 
 
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 3 
 
 2-67: 2-70 
 
 2-73 
 
 2-76 2-79 
 
 2-8i 
 
 2-85 
 
 2-68 
 
 2-9 li 2-94 
 
 2-97 
 
 3- 
 
 6- 
 
 9- 
 
 4 
 
 3-58 3-60 
 
 3-64 
 
 3-68 3-72 
 
 3-76 3-S(J 
 
 3-S4 
 
 3-88 3-92 
 
 3-98 
 
 4- 
 
 8- 
 
 12- 
 
 5 
 
 4-45; 4-50 
 
 4-55 
 
 4-60 4-65 
 
 4-7C 
 
 4-75 
 
 4-M) 
 
 4-85 4-90 
 
 4-95 
 
 5- 
 
 10- 
 
 15- 
 
 6 
 
 5-34! 5-40 
 
 5-46 
 
 5-52 5-58 
 
 5-64 5-70 
 
 5-76 
 
 5-82 5-83 
 
 5-94 
 
 6- 
 
 12 
 
 18- 
 
 7 
 
 6-23 6-30 
 
 6-37 
 
 6-44 6-51 
 
 6-53 6-05| 6-72 
 
 6-79 6-36 
 
 6-93 
 
 7- 
 
 14- 
 
 21- 
 
 8 
 
 7-12 7-20 
 
 7-28 
 
 7-36 7-44 
 
 7-5'. 
 
 7-0(1 
 
 I 7-63 
 
 7-76r 7-84 
 
 7-92 
 
 8- 
 
 16- 
 
 24- 
 
 9 
 
 8-01i 8-10 
 
 8-19 
 
 8-23 8-37 
 
 8-4C 
 
 S-53 
 
 i 8-64 
 
 8-73 8-82 
 
 8-91 
 
 9- 
 
 IS- 
 
 27- 
 
 10 
 
 8-90 9-00 
 
 9-10 
 
 9-20 9-30 
 
 9-40 9-50 1 9-60 
 
 9-70 9-80 
 
 9-90 
 
 10- 
 
 20- 
 
 30- 
 
 11 
 
 9-79 9-90 
 
 10-01 
 
 10-1210-23 
 
 10-31 
 
 10-45 
 
 10-50 
 
 10-67 10-78 
 
 10-89 
 
 il- 
 
 22- 
 
 33- 
 
 12 
 
 10-6" 10-80 
 
 10-92 
 
 11-0411-16 11-28 11-4011-52 
 
 11-64 11-76 
 
 11-88 
 
 ia- 
 
 24- 
 
 36- 
 
 13 
 
 11-57 11-70 
 
 11-83 
 
 11-16 12-09 
 
 12-2-. 
 
 12-3.-5 
 
 12-43 
 
 12-61 12-74 
 
 12-87 
 
 13- 
 
 26- 
 
 39- 
 
 14 
 
 12-46 12-00 
 
 12-74 
 
 12-a3 13-02 13-16 13-30 13-44 
 
 13-53 13-72 
 
 13-86 
 
 14- 
 
 28- 
 
 42- 
 
 15 
 
 13-35 13-50 
 
 13-05 
 
 13-80 13-95 
 
 14- 1C 
 
 14-25 
 
 14-40 
 
 14-55 14-70 
 
 14-85 
 
 15- 
 
 30- 
 
 45 
 
 16 
 
 14-24 14-40 
 
 14-53 
 
 14-72 14-88 
 
 15-04 
 
 15-2( 
 
 1.5-30 
 
 15-52 15-08 
 
 15-84 
 
 16- 
 
 32- 
 
 43- 
 
 17 
 
 15-13 15-30 
 
 15-47 15-64 15-81 
 
 15-98 16-15 16-32 
 
 16-49 16-66 16-83 
 
 17- 
 
 SI- 
 
 51 
 
 18 
 
 16-02 10-20 
 
 16-38 
 
 16 58 16-74 
 
 lii-9-. 
 
 17.10 
 
 17-23 
 
 17-46 17-64 
 
 17-82 
 
 18- 
 
 SB- 
 
 54 
 
 19 
 
 10-91 17-10 
 
 17-29 
 
 17-43 17-67 17-P6 18-05 lt"24 
 
 18-43 18-62 
 
 18-81 1 19- 
 
 38- 
 
 57 
 
 20 
 
 7-80 18-00 
 
 18-20 
 
 18-40 18-60 
 
 18-8f 
 
 I9-0( 
 
 19-20 
 
 19-40 19-60 
 
 19-80 
 
 20- 
 
 40- 
 
 80 
 
 81 
 
 18-69 ia-901 10- 11 
 
 19-32 19-53 19-74 19-95 20-16 
 
 20-37 20-53 20-79 
 
 21- 42- 
 
 83 
 
 22 
 
 19-53 19-80 
 
 2(1-02 
 
 20-24 20-46 
 
 20-6? 
 
 20-1M 
 
 21-12 
 
 21-3421-58 
 
 21-78 
 
 22- 
 
 44- 
 
 68 
 
 23 
 
 20-47 20-70|20-93;21-|6 21-39 21-62 21-85 22 08 
 
 22-31 22-54 22-77 
 
 23- 
 
 46- 
 
 69- 
 
 24 
 
 21-36 21-60 21-84 
 
 22-08 22-32 22-56 22-80 23-04 
 
 23-28 23-52 23-76 
 
 24' 
 
 48- 
 
 72 
 
 25 122-25 22 50 
 
 22-75 
 
 23-00 23-25 
 
 23-5C 
 
 23-75 
 
 24-00 
 
 24-25 24-50 
 
 24-75 
 
 25- 
 
 50- 
 
 75 
 
 30 I28-70 27-00 
 
 27-30 
 
 27-00 27-90 
 
 28-2C 
 
 23-50 
 
 2W-K) 
 
 29-1029-40 
 
 29-70 30- 
 
 80- ! 9t 
 
 40 
 
 3.1-80 30-00 36-4 1130-80 37-.'0 37-80 38-00 38" 10 38-80 39-20 39-60 40' 
 
 80- '120 
 
 60 
 
 44-50 45-00 
 
 45-50 
 
 46-00 40-50 
 
 47-Of 
 
 47-5( 
 
 48-00 46-50 49-00 
 
 49-50 50- 100- 150 
 
 60 
 
 53-40 5HK) 51-00 55-20 55'80 56-40 57-00 57-60 ; 58-20 59-80 59-40 ; 60- 120- ISO- 
 
 70 
 
 82-30 61-00 
 
 03-70 
 
 64-4005-10 
 
 65-S( 
 
 60-50 
 
 67-20 67-90 63-f.O 
 
 69-30 70- 140- 210- 
 
 PO 
 
 71-20 72-00 
 
 72-80 
 
 73-60 74-40 
 
 75-2C 
 
 76-00 
 
 76-80 77-60 78-40 
 
 79-20 80- 100- 240- 
 
 90 
 
 SO- 10 31 -00 SI -90 
 
 '2-80 83-70 84-60 85-50 86 40 87-30 88-20 89-10 90- 180-270- 
 
 IMI 
 
 WtO 00-00 91 -Of) '92-00 <3-00 04-00 95-0096-00 97-00 03-00 99.00 100- 200- 300-
 
 DECIMAL PARTS OF GALLONS It POUNDS. 
 
 121 
 
 DECIMAL TABLES. 
 
 Decimals equivalent to the number of GUIs or fractional parts of a Pint, 
 Quart, or Gallon. See Guaging, Epitome of Mensuration, SfC. 
 
 [It is usual, except incases where the number multiplied is large, to drop all but the two 
 
 first figures in decimals. J 
 
 Deci- 
 mals. 
 
 A 
 
 4 
 
 
 ! 
 
 Gallon. 
 
 Deci- 
 mals. 
 
 s. 
 
 j 
 
 'c 
 
 1 
 
 Gallon. 
 
 Decimals. 
 
 j 
 
 2 
 
 c 
 
 f 
 
 Gallon. 
 
 
 1 
 
 | 
 
 Of 
 
 
 
 5 
 
 S 
 
 or 
 
 
 
 
 
 s 
 
 a 
 
 
 .03125 
 
 1 
 
 \ 
 
 1 
 
 1-32 
 
 .375 
 
 12 
 
 S 
 
 4 
 
 3-8 
 
 .71875 
 
 23 
 
 53 
 
 2J 
 
 23-32 
 
 .0625 
 
 2 4 
 
 .1 
 
 1-16 
 
 .40625 
 
 13 
 
 N 
 
 Is 
 
 13-32 
 
 .75 
 
 24 
 
 1 
 
 3 
 
 3-4 
 
 .09375 
 
 3 
 
 '\ 
 
 
 3 32 
 
 .4375 
 
 14 
 
 3* 
 
 l : j 
 
 7-16 
 
 .78125 
 
 25 
 
 fi4 
 
 34 
 
 25-32 
 
 .125 
 
 4 
 
 1 
 
 I 
 
 1-8 
 
 .46875 
 
 15 
 
 8J 
 
 11 
 
 15-32 
 
 .8125 
 
 26 
 
 4 
 
 3.1 
 
 13-16 
 
 .15625 
 
 5 
 
 M 
 
 
 5-32 
 
 .5 
 
 16 
 
 4 
 
 2 
 
 1-2 
 
 .84375 
 
 27 
 
 63 
 
 38 
 
 27-32 
 
 .1875 
 
 6 
 
 H 
 
 1 
 
 3-16 
 
 .53125 
 
 17 
 
 J.i 
 
 ->i 
 
 17-32 
 
 .875 
 
 28 
 
 7 
 
 3d 
 
 7-8 
 
 .21875 
 
 7 
 
 il 
 
 5 
 
 7-32 
 
 .5625 
 
 18 
 
 4 A 
 
 2] 
 
 9-16 
 
 .90625 
 
 29 
 
 7.1 
 
 ii 
 
 2932 
 
 .25 
 
 8 
 
 2 
 
 
 1-4 
 
 .59375 
 
 1!) 
 
 4 
 
 2f 
 
 19-32 
 
 .9375 
 
 30 
 
 74 
 
 *! 
 
 15-16 
 
 .28125 
 
 9 
 
 *l 
 
 M 
 
 9 32 
 
 .625 
 
 20 
 
 5 
 
 24 
 
 5-8 
 
 .96875 
 
 31 
 
 73 
 
 =55 
 
 31-32 
 
 .3125 
 
 Id 
 
 2J 
 
 'I 
 
 5-16 
 
 .6)625 
 
 21 
 
 5.1 
 
 g 
 
 21-32 
 
 1.000 
 
 32 
 
 8 
 
 4 
 
 Igal. 
 
 .31375 
 
 11 
 
 2:1 
 
 if 
 
 11-32 
 
 .6875 
 
 22 
 
 54 
 
 2i! 
 
 11-16 
 
 
 
 
 
 
 APPLICATION. Required the gallons in any Cylindrical Vessel. Sup- 
 pose a vessel 9 1-2 inches deep, 9 inches diameter, and contents 2-0163, 
 that is, 2 gallons and 61 hundredth parts of a gallon, now to ascertain (his de- 
 cimal of a gallon refer to the above Table, torthe decimal that is nearest, 
 which is -625, opposite to which is 20 gills, 5 pints, and 2 1-2 quarts, either 
 being the amount of the decimal required, consequently the content of the 
 vessel is 2 gallons and 5 pints. 
 
 Decimals equivalent to the fractional parts of a Pound. See Tablet 
 of Metals, Weights and Measures, SfC. 
 
 .03125 4 oz. 
 
 .2S125 
 
 lAo/.. 
 
 .53125 84oz. 
 
 .78125 
 
 124 oz. 
 
 .0625 
 
 1 
 
 .3125 
 
 5 
 
 .5625 
 
 9 
 
 .8125 
 
 13 
 
 .09375 
 
 14 
 
 .34375 
 
 54 
 
 .59375 
 
 4 
 
 .84375 
 
 134 
 
 .125 
 
 2 
 
 .375 
 
 6 
 
 .625 
 
 10 
 
 .875 
 
 14 
 
 .15625 
 
 24 
 
 .40625 
 
 64 
 
 .65625 
 
 104 
 
 .90625 
 
 144 
 
 .1875 
 
 3 
 
 .4375 
 
 7 
 
 .6875 
 
 11 
 
 .9375 
 
 15 
 
 .21875 
 
 34 
 
 .46375 
 
 74 
 
 .71875 
 
 H4 
 
 .96875 
 
 154 
 
 .25 
 
 4 
 
 .5 
 
 8 
 
 .75 
 
 12 
 
 1.000 
 
 16 
 
 APPLICATION. Required the weight of one foot of Flat Bar Iron, 
 3-4 ths of an inch in thickness, and 178 ths inches breadth. Refer to the 
 Table of Flat Bar Iron, and you will find the weight of 1 (oot of the above 
 dimensions, to be 4-696, that is. 4 pounds and 6% iho^andth parts of 
 pound ; and to ascertain this decimal in ounces, refer to the above Table 
 for the decimal that is nearest, and you will find it to he -6875, opposite to 
 which is 11 ounces, the weight of the decimal required, consequently the 
 weight of 1 foot length of the flat bar in question, will be 4 pounds 11 ounces. 
 
 APPLICATION. Required the weight of Tire Bar Iron, 1-2 an inch 
 thick, and 1 5-8 ths of an inch broad, 16 feet long. 
 See Table of Bar Iron, where 1 foot length is 2716 Ibs., then 
 716 X 16 = 43-436, (or 43 Ibs. 7| oz. king the mean bttwee* -437 * -468). 
 BMA 11
 
 122 
 
 DECIMAL PARTS OF FEET AND INCHES. 
 
 APPLICATION. Required the weight of 35 Bars, Round Iron, 1 1-4 
 inch diameter, 12 feet long, each. 
 
 See Table of Round Iron, where 1 foot in length is 4-09 Ibs., then 
 
 4-09 X 12 X 35 = 1717-80 (or 1717 Ibi. 13 oz. being the nearest equivalent). 
 
 APPLICATION. Required the weight of 64 Square Feet of Boiler 
 Plate Iron, 3-16 ths of an inch thick. See Tables of weight and thickness 
 of Plate Iron, Copper, Brass and Lead. 
 
 As, 1 Square Foot weighs 7-5 Ibs., then 7-5 X 64 = 480-0 Ibs. 
 
 APPLICATION. Required the weight of 22 Square, or superficial, 
 Feet of Sheet Iron, No. 9 Wire Guage thickness. See Tables Sheet Iron, 
 Copper, and Brass, from No. 1 to No. 30 Wire Guage thickness. 
 As 1 square foot weighs 6-24 Ibs., then 
 
 6-24 X 22 = 137-28 (137 Ibs. 4 oz.) 
 
 Decimals equivalent to the fractional parts of an Inch when divided into 
 
 thirty-two parts ; likewise the Decimals equivalent to the fractional parts 
 
 of a Foot. 
 
 Decimals. 
 
 Parts of an 
 Inch. 
 
 Decimals. 
 
 Parts of an v 
 Inch. 
 
 Decimals. 
 
 Parts of 
 a Foot. 
 
 .03125 
 
 1-82 
 
 .53125 
 
 i & 1-32 
 
 .01041 
 
 1 
 
 .0625 
 
 1-16 
 
 .5625 
 
 1 & 1-16 
 
 .02083 
 
 i 
 
 .09375 
 
 3-32 
 
 .59375 
 
 4 & 3-32 ' 
 
 .03125 
 
 
 .125 
 
 | 
 
 .625 
 
 I 
 
 .04166 
 
 
 
 .15625 
 
 j & 1-32 
 
 .65625 
 
 | & 1.32 
 
 .05208 
 
 | 
 
 .1875 
 
 J & 1-16 
 
 .6875 
 
 | & 1-16 
 
 .0625 
 
 | 
 
 .21875 
 
 J & 3-32 
 
 .71875 
 
 | & 3-32 
 
 .07291 
 
 I 
 
 .25 
 
 i 
 
 .75 
 
 | 
 
 .0833 
 
 1 
 
 .28125 
 
 & 1-32 
 
 .78125 
 
 | & 1-32 
 
 .1666 
 
 2 
 
 .3125 
 
 i& 1-16 
 
 .8125 
 
 1 & 1-16 
 
 .25 
 
 3 
 
 .34375 
 
 k & 3-32 
 
 .84375 
 
 } & 3-32 
 
 .3333 
 
 4 
 
 .375 
 
 t 
 
 .875 
 
 I 
 
 .4166 
 
 5 
 
 .40625 
 
 | & 1-32 
 
 .90625 
 
 1 & 1-32 
 
 .5 
 
 6 
 
 .4375 
 
 f & 1 16 
 
 .9375 
 
 1 & 1-16 
 
 .5833 
 
 7 
 
 .46875 
 
 & 3-32 
 
 .96875 
 
 1 & 3-32 
 
 .6666 
 
 8 
 
 .5 
 
 i 
 
 1.000 
 
 1 inch. 
 
 .75 
 
 9 
 
 
 
 
 
 .8333 
 
 10 
 
 
 
 
 
 .9166 
 
 11 
 
 APPLICATION. 1. Required the number of Square Yards in a floor 
 whose length is 13, and breadth 9| feet. 
 
 13-5 X 9'*5 = 131 625 -7- 9 = 14-625 square yards. 
 
 2. Required the Area of a Fire Grate, under the boiler of a Steam Engine, 
 whose length is 4 feet 7 inches, and width 3 feet 6 inches. 
 
 7 inches equal -5833 and 6 inches equal -6 (see table), then 
 4-5333 X 3-5 = 16 04155 square feet. 
 
 3. Required the Area of the side of a square piece of Board, 8 3-16 in- 
 ches in length. 1-8 & 1-16 = 3-16 equal -1875 (see table), 
 
 8-1875X8 1875 = 67-03515625 square inches. 
 
 4. Required the Cubic Contents in Inches of a Plate 30^ inches in length, 
 8 7-8 inches in breadth, and 5-8 inches thick. 
 
 30 50 X 8-375 = 270-68750 X '625 = 169-17 + cubic inches. 
 
 6. Required the Register Tonnage of a single decked vessel, length 
 101 feet and 9 inches, breadth 26 feet 3 inches, and depth 9 feet 2 inches, 
 Opposite 9 and & inch, is -75 and -04166, which added together equal -79166: 
 Then, 101-79166 3-5 of 26-25 X 26-25 X 9-16G6 -r-95 = 217-88 95ths tons-
 
 WEIGHTS AND MEASURES. 
 
 323 
 
 TABLE OF EQUIVALENT PRICES TO COMMON 
 WEIGHTS AND MEASURES. 
 
 The following Table will be found convenient in calculating the pnce ot 
 pounds, feet, yards, gallons, &c. In the first division, a ton (or quantity of one 
 article.) is divided into cwt., qr. and stone. If a ton (or article,) cost $2-80, 
 112 will cost 14 cts. ; 28, 4 cts. j 14, 2 cts. In the second division, if 1 Ib (or on 
 article,) cost 1-8 of a ct., one doz. will cost IJ cts. ; 20, 2J cts. ; 100, 13| cts. ; 120, 
 IS cts.; 144, 18 cts. , 1,000, $1-25 : and the same may be reversed, viz : take the 
 figures at the foot of the right hand column, and it will be seen, that, if 1,000 
 Ibs. (or 1,000 yards, feet, or gallons,) cost $200, a ton (or 2,240 articles,) will 
 cost $448. 
 
 Per ton! 
 or 2240 
 Ibs. 
 g els. 
 
 Cwt. 
 or 112 
 Ibs. 
 $ cts. 
 
 qr. 
 or 23 
 Ibs. 
 
 $C1S 
 
 Sto. 
 or 14 
 Ibs. 
 
 $ cts 
 
 Ib. 
 or 
 1. 
 
 cts. 
 
 Doz. 
 or 12. 
 
 $ cts. 
 
 Score 
 or 20 
 
 $ cts. 
 
 Per 
 100 
 
 $ cts. 
 
 Per 
 120 
 
 S cts. 
 
 Gross 
 or 
 144 
 $ cts 
 
 Per 
 1000 
 
 $ Ctf. 
 
 2-30 
 
 014 
 
 004 
 
 0-02 
 
 1 
 
 14 
 
 24 
 
 124 
 
 15 
 
 18 
 
 1-25 
 
 5-60 
 
 028 
 
 0-07 
 
 0-04 
 
 4 
 
 3 
 
 5 
 
 25 
 
 30 
 
 36 
 
 2-50 
 
 11-20 
 
 056 
 
 014 
 
 007 
 
 
 6 
 
 10 
 
 50 
 
 60 
 
 72 
 
 500 
 
 1680 
 
 084 
 
 0-21 
 
 0-11 
 
 i 
 
 9 
 
 15 
 
 "5 
 
 90 
 
 1 OS 
 
 750 
 
 22-40 
 
 1-12 
 
 0-28 
 
 014 
 
 1 
 
 12 
 
 20 
 
 1 00 
 
 1-20 
 
 1 44 
 
 10-00 
 
 3360 
 
 1 68 
 
 0-42 
 
 021 
 
 14 
 
 18 
 
 30 
 
 1-50 
 
 180 
 
 216 
 
 15-00 
 
 44-80 
 
 224 
 
 0-56 
 
 0-28 
 
 2 
 
 24 
 
 40 
 
 2-00 
 
 240 
 
 2-88 
 
 2000 
 
 5600 
 
 2-80 
 
 070 
 
 0-35 
 
 24 
 
 30 
 
 50 
 
 250 
 
 300 
 
 360 
 
 2500 
 
 67-20 
 
 3-36 
 
 0-84 
 
 042 
 
 3 
 
 36 
 
 60 
 
 3-00 
 
 3-60 
 
 432 
 
 3000 
 
 78-40 
 
 3-92 
 
 098 
 
 0-49 
 
 34 
 
 42 
 
 70 
 
 350 
 
 420 
 
 504 
 
 3500 
 
 89 60 
 
 4-48 
 
 1 12 
 
 0-56 
 
 4 
 
 48 
 
 80 
 
 400 
 
 480 
 
 576 
 
 4000 
 
 100-80 
 
 5-04 
 
 1 26 
 
 063 
 
 44 
 
 54 
 
 90 
 
 450 
 
 5-40 
 
 648 
 
 4500 
 
 112-00 
 
 560 
 
 1-40 
 
 0-70 
 
 5 
 
 60 
 
 1-00 
 
 500 
 
 600 
 
 720 
 
 5000 
 
 12320 
 
 616 
 
 1 54 
 
 0-77 
 
 54 
 
 66 
 
 1 10 
 
 550 
 
 660 
 
 792 
 
 5500 
 
 13440 
 
 672 
 
 163 
 
 0-84 
 
 6 
 
 72 
 
 1 20 
 
 600 
 
 7-20 
 
 864 
 
 60-00 
 
 145-60 
 
 7-28 
 
 182 
 
 091 
 
 64 
 
 78 
 
 1 30 
 
 650 
 
 780 
 
 936 
 
 65-00 
 
 156-80 
 
 784 
 
 196 
 
 098 
 
 
 84 
 
 140 
 
 7-00 
 
 8.40 
 
 1008 
 
 7000 
 
 168-00 
 
 8-40 
 
 2 10 
 
 105 
 
 U 
 
 90 
 
 1-50 
 
 750 
 
 9-00 
 
 1080 
 
 7500 
 
 179-20 
 
 896 
 
 224 
 
 112 
 
 8 
 
 96 
 
 160 
 
 800 
 
 960 
 
 1152 
 
 80-00 
 
 190-40 
 
 9-52 
 
 2-38 
 
 1 19 
 
 8 4 
 
 1 02 
 
 170 
 
 850 
 
 10-20 
 
 1224 
 
 85-00 
 
 201 60 
 
 10-80 
 
 2-52 
 
 126 
 
 9 
 
 108 
 
 180 
 
 900 
 
 1080 
 
 1296 
 
 90-00 
 
 21280 
 
 1064 
 
 2-66 
 
 1 33 
 
 !'A 
 
 1 14 
 
 190 
 
 950 
 
 11 40 
 
 1368 
 
 9500 
 
 224-OOJ11 20 
 
 2-80 
 
 140 
 
 10 
 
 120 
 
 200 
 
 1000 
 
 1200 
 
 1440 
 
 10000 
 
 23520 
 
 11 76 
 
 2-94 
 
 147 
 
 I0i 
 
 1-26 
 
 2-10 
 
 1050 
 
 1260 
 
 15 12 
 
 10500 
 
 24640 
 
 12-32 
 
 3-08 
 
 1-54 
 
 11 
 
 1 32 
 
 2-20 
 
 11 00 
 
 1320 
 
 1584lllOOO 
 
 25760 
 
 1288 
 
 322 
 
 161 
 
 114 
 
 1 38 
 
 230 
 
 1150 
 
 1380 
 
 1656 
 
 11500 
 
 268-80 
 
 13-44 
 
 336 
 
 168 
 
 12 
 
 1-44 
 
 2-40 
 
 1200 
 
 14-40 
 
 1728 
 
 120-00 
 
 280-00 
 
 14-00 
 
 350 
 
 1-75 
 
 124 
 
 1 50 
 
 250 
 
 1250 
 
 1500 
 
 1800 
 
 12500 
 
 291-20 
 
 14-56 
 
 364 
 
 182 
 
 13 
 
 1-56 
 
 260 
 
 1300 
 
 1560 
 
 187213000 
 
 313-60 
 
 1568 
 
 3-92 
 
 1 96 
 
 14 
 
 168 
 
 2-80 
 
 1400 
 
 16-80 
 
 2016 
 
 14000 
 
 33600 
 
 16-80 
 
 4-20 
 
 210 
 
 15 
 
 1-80 
 
 3-00 
 
 1500 
 
 1800 
 
 2160 
 
 15000 
 
 35840 
 
 17-92 
 
 448 
 
 224 
 
 16 
 
 192 
 
 3-20 
 
 1600 
 
 1920 
 
 2304 
 
 16000 
 
 380-80 
 
 1904 
 
 476 
 
 238 
 
 17 
 
 204 
 
 340 
 
 17-00 
 
 20-40 24 48 
 
 17000 
 
 403-20 
 
 2016 
 
 504 
 
 252 
 
 18 
 
 216 
 
 360 
 
 1800 
 
 21 60 25 92 
 
 180-00 
 
 42560 
 
 448-00 
 
 21-285-32 
 22-401 5 6C 
 
 266 
 
 2-80 
 
 19 
 
 20 
 
 2-28 
 240 
 
 380 
 
 4-00 
 
 1900 
 
 20 00 
 
 22 80 27 36 
 24-00 28-80 
 
 190-00 
 200 00
 
 124 
 
 WEIGHT AND THICKNESS OF HOOP IRON. 
 
 WEIGHT OF A TEN FEET LENGTH OF HOOP IRON, AND 
 ITS THICKNESS ON THE WIRE GUAGE. 
 
 No. I Wire Guage is -f$ths of an inch ; 4 is % , 7 is T 8 ; 1 1 is ^ ; 13 
 is & ; 15 is & ; 16 is & ; 17 ^ ; 19 is & ; 21 is *V 22 sV 
 
 Width thick, thick, thick, thick, thick, thick, thick. 
 
 thick, thick, thick. 
 
 thick, thick. 
 
 thick 
 
 Iron. No. 6. No. 7. 
 
 No. 8. No. 9. No. 10 No. 11 No. 12 
 
 No.l3No.14No.15 No.lNo.ir Nol8 
 
 Ins. 
 
 ihs. Ibs. 
 
 Ibs. | Ibs. Ibs. Ibs. ! Ibs. 
 
 Ibs. Ibs. Ibs. 
 
 Ibs. ; Ibs. 
 
 Ibs. 
 
 & 
 
 5-07 4-68 
 
 4-28 ! 3-9U 
 
 3-51! 3-12 2-73 
 
 2-34 1-95 1-76 
 
 1-50 1-36 
 
 MO 
 
 % 
 
 5-90 545 
 
 4-97 ; 4-55 
 
 4-U7i 3-62; 3-17 
 
 2-70 2-27: 2-05 
 
 1-80 1-57 
 
 1-35 
 
 
 6-76 6-25 
 
 5-71 i 5-20 
 
 468 1 4-16 3-65 
 
 3-12 2-60 2-35 
 
 2-08 1-81 
 
 1-55 
 
 1# 
 
 7-60 7-02 
 
 6-42, 5-85 
 
 5-26 i 4-68: 4-10 
 
 3-51 2-92 2-62 
 
 2-34: 2-04 
 
 1-75 
 
 IK 
 
 8-45 7-81 
 
 7-14 i 6-50 
 
 5-85 5-21; 4-56 
 
 3-90 3-25 2-93 
 
 2-60 2-27 
 
 1-93 
 
 1% 
 
 9-30 8-59 
 
 7-60! 7-15 
 
 6-43 5-73 5-01 
 
 4-29 357 3-23 
 
 2-86 2-49 
 
 2-13 
 
 1^ 
 
 10-15 9-37 
 
 8-57 j 7-80 
 
 7-02 i 6-25 5-47 
 
 4-68 3-90 3-52 
 
 3-12 2-72 
 
 2-32 
 
 \y 
 
 10-95 10-15 
 
 9-25, 8-45 
 
 7-55 6-75 5-90 
 
 5-05 4-20 3-80 
 
 3-35' 2-9D 
 
 2-50 
 
 ix 
 
 11-80 10-90 
 
 9-95 i 9-10 
 
 6-15 7-25 6-35 
 
 5-40 4-55 4-10 
 
 3-60 3-15 
 
 2-70 
 
 1% 
 
 1265:11-65 
 
 10-65 9-75 
 
 8-75 7-75, 6-80 
 
 5-80, 4-85; 4-35 
 
 3-85 3-35 
 
 2-90 
 
 2 
 
 13-53 12-50 
 
 11-43 10-40 
 
 9-36 ! 8-33 7-30 
 
 6-25 5-20 4-70 
 
 4-16 3-63 
 
 3-10 
 
 2^ 
 
 14-37 13-27 
 
 12- 14 ! 11-05 
 
 9-95 ! 8-85 7-75 
 
 6-64 5-52 4-97 
 
 4-42 3-85 
 
 3-30 
 
 2>4 
 
 15 21 14.05 
 
 12-85 11-70 
 
 10-53 9-37 S-20 
 
 7-03 5-85 5-25 
 
 4-68 4-08 
 
 350 
 
 2% 
 
 J6-07 14-84 
 
 13-32 12-35 
 
 11-11 9-89 8-66 
 
 7-42 6-17 5-58 
 
 4-94 4-31 
 
 3-68 
 
 2>i 
 
 16-90 15-62 
 
 14-28 13- 
 
 1 1-71 i 10-42! 9-12 
 
 7-81 6-50; 5-87 
 
 5-20 4-54 
 
 3-87 
 
 2% 
 
 17-75 16-40 
 
 14-75 13-65 
 
 12-28 10-93 i 9-63 
 
 8-19 6-8<J; 6-15 
 
 5-45 4-75 
 
 4-05 
 
 2% 
 
 18-61 ; 17- IS 
 
 15-21 14-30 
 
 12-87 11-46 10-03 
 
 859 7-15; 6-46 
 
 5-72 4-99 
 
 4-26 
 
 VA 
 
 19-45; 17-96 
 
 16-18 14-95 
 
 13-46 11-98 10-49 
 
 8-98 7-47 6-75 
 
 5-98 5-22 
 
 4-45 
 
 3 ;20-30 18-75 
 
 17-J5 15-60 
 
 14-05 12-50 10-95 
 
 9-37 7-80 7-05 
 
 6-25 5-45 
 
 4-65 
 
 3# J21-90 20-30 
 
 18-50 16-90 
 
 15-10 13-5(1 11-80 
 
 10-10, 8-40 7-60 
 
 6-7(1 5-80 
 
 5- 
 
 3>i 23-60 21-80 
 
 19-90 18-20 
 
 16-30 14-50 12-70 
 
 10-80 : 9-10 .8-20 
 
 7-20 6-30 
 
 5-40' 
 
 3% 25-30 2:3-30 
 
 21-30 19-50 
 
 17-50 15-50 13-60 
 
 11-60; 9-70 8'70 
 
 7-70 6-70 
 
 5-80 
 
 4 i 27-07 25- 
 
 22-86 20-80 
 
 18-73 16-67,14-60 
 
 12-50' 19-40 i 9-40 
 
 8-33 7-26 
 
 6-20 
 
 i% 28-75 26-55 24-28 22- 10 
 4*4 30-43 28-10 25-71 23-40 
 
 19-90 17-70 15-50 13-28 11-05 9-95 
 21-07 18-75 16-40 ! 14-06 11'70 10-50 
 
 8-84' 7-70 
 9-36 8-17 
 
 6-60 
 
 4% 32-14 29-6826-6424-70 
 
 22-23 19-79 17-33 14-84 12-35 11-16 
 
 9-88 8-62 
 
 7-30 
 
 5 33-80 31-35 28-57 26- 
 
 23-42 20-84 1825 
 
 15-63 13- 111-75 
 
 10-41 9-08 
 
 7-75 
 
 5% 35-50 32-81 29-50 27-30 24-56 21-86 19-16 
 
 16-38 13-65 12-31 
 
 10-91 9-51 
 
 8-11 
 
 5% 37-22 34-37J30-43 28-60 25-75 22'9-> 20-07 
 
 17-18,14-30 12-92 
 
 11-45 9-98 
 
 8-22 
 
 6% 38-91 35-93 3236 29-90 26-92 23-96 20-98 
 
 17-96 14-95 13-51 
 
 11-97 10-44 
 
 8-91 
 
 40-60 37-50134-30 3l'20|28-10 25- 21-90 18-75 15-60 14-10 12-50 lO-'JO 9 30 
 
 Hoop Iron y, broad, No. 21, -685 Ibs. ; %, No. 20, -885 Ibs. ; %, No. 19, 1-24 Ibg. 
 REGULAR SIZES COOPER HOOPS. 
 
 Width. 
 
 Gunge. 
 
 Width. 
 
 Gunge. 
 
 5-8 & 3-4.. 
 
 No. 20 
 
 1} 1 3-6, 1A, 15-8 inch 
 
 No 16 
 
 7-8.. 
 1 
 1 1-8. . 
 
 19 
 
 18 
 17 
 
 if, 1 7-3, 2, 2 1-8, 2J, 2 3-8, inch. . 
 2i, 25-8,2g, 27-8, 3 inches, 
 3|, 3k 3 3-4 inches, 
 
 15 
 14 
 13 
 
 1|.... 
 
 16 
 
 4 inches, 
 
 12 
 
 arrel Hoops, 1, 1 1-16, 1% in. wide, Nos. 16 10 18 WireGuaRe,cut 4 io6ft. long. 
 
 ncheon Hoops, 1J, and 1% in. wide, 8 fl., 8 ft. 6 in. to 9 ft. long ; No*. 15 and 16 
 
 utt Hoops, 1 j, 1%, 2, and 2$ inches broad, 10 to 12 feet long. [Wire Guage. 
 
 Barrel Hoops, 1, 1 1-16, 
 
 Punc 
 
 Butt . 
 
 Vat Hoops, 3 to 4 inches broad. Nos. 8, 9, 10, and 11 W. Guage. 20 lo 30 ft. long. 
 
 Mast Hoops, 3 to 6 inches broad, 3-16 to J inch thick, 12 to 20 fret long. 
 
 Mill- Siouc Hoops. 5 to 6 inches broad, Nos. 10 and 11 Wire Guage. 
 
 Coach and Nave Hoops. 1$ to 3 inches broad, 1-8 lo 3-16 inches thick. 
 
 Clog Hoops, j to Ij inch wide, Nos. 11 1 14 Wire Guage. 
 
 Chain Hoops, \ \" ] inch wide, No. 10 Wire Guage. 
 
 WEtoHT OF FLAT BAR IRON, (see table) for Tire Bars, ftc., from ^ to 1 inch 
 (hick, and from 1 to 6 inches wide. 
 
 See Mensuration for Rule for determining the length of Iron in an unbent 
 tate in forming a hoop or ring.
 
 ADMINISTRATOR'S ACCOUNT. 
 
 125 
 
 ADMINISTRATOR'S (OR EXECUTOR'S) ACCOUNT. 
 
 The FIRST ACCOUNT* of A. B., Administrator of the Goods and Estate of 
 C. D., late of If., int/te County of M., Farmer, deceased, intestate.* 
 
 1855. 
 
 Said Administrator charges himself: 
 
 DR. 
 
 
 CB. 
 
 
 July 1. 
 
 With the amount of personal estate of the deceased, 
 
 
 
 
 
 
 which by the appraisement thereof, appears in the 
 
 
 
 
 
 
 Inventory to be of the value of - 
 With the sum for which the same was sold above the 
 
 34570 
 
 ss 
 
 
 
 
 appraisement, - 
 
 60 
 
 50 
 
 
 
 
 With the several sums collected and received as stated 
 
 
 
 
 
 
 in the schedule annexed, marked A, - 
 
 150 
 
 60 
 
 
 
 July 1. 
 
 Said Administrator claims allowance for the following 
 
 
 
 
 
 
 payment* and charges: 
 
 
 
 
 
 
 For funeral expenses, ai per receipts, 
 For sundry payments made, as stated in schedule B. 
 
 
 
 . 
 
 $ 40 
 700 
 
 K8 
 OP 
 
 
 Paid Probate Fees, - - - - ' - 
 
 
 
 
 
 50 
 
 ob 
 
 
 Paid E. F., attorney, for stating this account, 
 My charge for settling the estate. 
 Balance In favor of the estate in my hands, 
 
 j 
 
 . 
 
 4 
 
 3926 
 
 00 
 00 
 
 09 
 
 
 
 $ 4770 
 
 8X 
 
 S4770 
 
 88 
 
 NOTE. An Administrator is appointed by the Probate Court, or other similar tribunal, 
 to administer the estate of an INTESTATE, that is, of a deceased person, who has left no 
 will. The widow, or the next of kin, is entitled to be administrator, and in default of 
 these a creditor. No one can administer unless interested in the estate. Executors and 
 Administrators must prove the will, give bond for the performance of their trust, and 
 make an inventory of the goods and estate, collect and pay the debts, and deliver over 
 the residue of the estate to those entitled to receive it. An Administrator, or Executor, ii 
 allowed by statute provision, or custom, from 2 1-2 to 5 per cent, for settling the estate. 
 
 * The Second Account should commence with a charge of the balance of the old ac- 
 count, and proceed as above. The Final Account should be designated as the Second, 
 Third, or Fourth, &c., and Last Account of C. D., &c. 
 
 * Instead of the words [Administrator of the Goods and Estate,] say " Executor of the 
 last Will and Testament" and " testate" in place of" intestate" if it be so. 
 
 INVENTORY, BY APPRAISERS. 
 
 A true and perfect Inventory and just Appraisement of the Goods, Estate, Rights, 
 and Credits, w/iick were of A. B., late of W., Farmer, deceased, intestate. 
 
 
 1500 
 2000 
 80 
 140 
 150 
 150 
 150 
 12 
 15 
 50 
 
 00 
 00 
 00 
 00 
 00 
 00 
 00 
 00 
 00 
 00 
 
 00 
 
 
 
 
 
 
 
 
 
 
 $4247 
 
 Taken and appraised by us, the subscribers, the tenth day of July, A. D. 1855. 
 
 C. D. 
 
 E. F. 
 
 W County, M. H. 
 
 On the tenth of July, 1851, before me the subscriber, one of the Justices of the Peace 
 in and for said county, came the above named C. D., E. F., and O. H., who being quali- 
 fied according to law, do declare that the above Inventory contains a just and true ap- 
 praisement of the Goods, Estate, Chattels, Rights and Credits of the said A. B., deceased, 
 10 far as the same came to their knowledge. 
 
 Witness my hand and seal the day and year above written. I. K., J. P. [L. 8.] 
 
 * NOTE An Inventory must enumerate everything movable or immovable which 
 belonged to the deceased. The wearing apparel, watches, rings, and jewelry of the wM, 
 which she wore during the lifetime of her husband, re rot to be included. 
 
 BMA 
 
 11*
 
 126 PRACTICAL SYSTEM OF BOOK-KEEPING. 
 
 BOOK-KEEPING. 
 
 The first Book is the DAY BOOK. It commences with an inventory of the 
 Tradesman's effects, viz. his Cash, Merchandise, Real Estate, Notes, and obli- 
 gations payable to him, and sums due him, &? , ai;d also nil the Debts due by 
 him to others, on Notes, Book Accounts, $c. This book contains the entry of 
 every transaction made at the time it 'occurs, in plain and concise language. 
 The Day Book should be kept with great care and accuracy, for it contains 
 the original entries, and is the only book received as evidence in litigated cases. 
 It should be regularly paged throughout. When an entry is made in the Day 
 Book which is settled Ly cash before it is posted in the Leger, the posting may 
 be omitted, and " Paid" written against the charge, and the amount immedi- 
 ately entered in the Cash Book. If a person resides in another town, the 
 name of his residence should be mentioned in the Day-Book. 
 
 The second Book is the LEGER, which is the principal Book, into which 
 the entries from the Day Book are so posted under Dr. and Cr., that the 
 amount of each account is immediately appnrent. The Leger should be reg- 
 ularly paged throughout, and should contain an alphabetical list of the names 
 of persons with whom accounts are opened, with the number of the folio on 
 which they can be found. The requisite number of pages, at the beginning of 
 the Leger, can be appropriated for this Index. Merchants, doing a large bu- 
 siness, keep their books by double entry ; but the retailer, from the smallness 
 of his sales, seldom does so. He may, however, find it convenient to open 
 the following accounts : 
 
 STOCK Is made Dr. for the amount you owe, and Cr. for your effects. 
 
 CASH Is Dr. for all money received, and Or. for all paid out. 
 
 NOTES RECEIVABLE Are Dr. for notes received, and Cr. for all disposed of. 
 
 NOTES PAYABLE Are Dr. for all notes paid or taken up that you have 
 given, and Cr. for all you give. 
 
 INTEREST Is Dr for amount* allowed on discounts, accounts current, and 
 interest on notes payable, and Cr. for balances of interest in your favor- 
 
 EXPENSE. This account is Dr. for all charges, such as workmen, laborers, 
 freight, truckage, postage, rent, &c. 
 
 PROFIT AND Loss Is Dr. for all charges and losses, and Cr. for all gains. 
 
 These accounts should be opened in the Leger in the same manner as with 
 individuals, the Dr. always being on the left hand, and the Cr. on the right. 
 
 CORRECTION OF ERRORS. If the entry of an article be omitted in the Day 
 Book, enter it in the next vacant place, writing the word "omitted." If a 
 wrong name be entered draw a line underneath, and write the right name 
 above. If an error be made in an account, write the word " error" against it, 
 
 (omitting to post,) and make a correct entry. 
 In the Leger, if an item has been posted t< 
 opposite side, " By or To Error, 1 ' and mark both by a siar ; when posted on 
 
 In the Leger, if an item has been posted to a wrong account, post on the 
 
 the wrong side of an account balance it by posting "To or By Error' 11 on the 
 opposite, and then post it on the right side. Erasures should not be made. 
 
 An Aecoiyit Currentis a transcript from both sidesofa Leger, with the par- 
 ticular dates and explanations from the original entries. 
 
 The third Book is the CASH BOOK, in which the daily receipts and pay- 
 ments of money are recorded, with the dale and other particulars. The ac- 
 count should be balanced monthly, or at shorter intervals, and the totals may 
 be transferred to Dr. and Cr. of the Leger. See Cask Hook. 
 
 NOTE. Retailers allow the money received during the day to remain until 
 evening, then count it, and enter it in the Cash Book, as the amount of sales 
 for the day. Some Retnilers enter on a slate all cash received during the day 
 from Bales and enter it in the Cash Book in the evening. 
 
 Persons whose business is too limited to require a set of books, usually 
 ' keep but one. This book may be ruled like the Leger j but the charges should 
 be entered in full as in the Day-Book, sufficient room being left to note down 
 the name, quality, price, &c., of the articles. 
 
 When you give an Order, charge the man to whom it is given, and credit the 
 nan on whom it is drawn, without waiting to know if he accepts it. 
 
 Whenever a Bill is settled by Cash, or otherwise, date it on the day it is 
 paid, or settled. 
 
 When you pay a person either in part or in fall, always take a receipt.
 
 DAY BOOK. 
 
 127 
 
 DAT BOOK. 
 
 Boston, October 1, 1855. 
 
 Inventory of Effects on commencing business: 
 
 ;y cash on hand, $300 00 
 
 " Merchandise in store, 200 00 
 
 500 00 
 
 I am indebted 
 
 To 00000 
 
 Net Capital, 500 00 
 
 2 
 
 H. LONG & BROTHER, New York, Dr. 
 
 To -2 Law Libraries, , a$l.25, 250 
 
 ' 2 Lavvs of the sea, " .25, 50 
 
 ' Business Man's Assistant, " .17, 1 O-J 
 
 ' 6 Law of Debtor and Creditor, " .17, 102 
 
 1 3 Landlord's and Tenant's Assistant, " .20, 60 
 
 ' 1 Shipper's and Carrier's 'do., 25 I 539 
 
 3 
 
 JOHN SMITH, Dr. 
 
 To 1 ps. bleached Sheeting, 32yds. a $0.07, 224 
 
 " 4 Linen Cambric Hdkfe., " .50, 200 
 
 " 6 vcis. blue Cassimeres, " 2.00, 12 00 
 
 " 12 " Oaico, " .20, 240 
 
 " 4 pairs Footings " .25, 1001 1954 
 
 4 
 
 PARKER & HALL, dr. 
 
 By I bbl. brown Havana Sugar,, .net 240 Ibs. a $0.05, 12 00 
 
 ' 1 bag Cuba Coffee, "100 " " .09, 900 
 
 ' 1 chest Ningyong Tea " 62 " " .25, 1550 
 
 ' 1 bbl. Sperm Oil, " 32gals." 1.00, 32 00 I 68 50 
 
 5 
 
 H. LONG & BROTHER, New York, Or. 
 By Cash on account, 4 QO 
 
 6 
 
 H. LONG & BROTHER, New York, Dr. 
 
 To 6 Law Cabinets, a $1.00, 600 
 
 " 10 reams Printing Paper, " 4.00, 40 00 
 
 " 4 Shipmaster's and Seaman's Assistant, " .62j, 2 50 I 4959 
 
 7 . 
 
 PARKER 4. HALT., Dr. 
 To Casli on account, 11 00 
 
 8 
 
 Sold I. R. BUTTS, for Cash, 
 
 4 Linen Cambric Hdkfs., a $0.50, 200 
 
 2 pr. Lisle Gloves, " -25, 50 
 
 19 yds. Carpeting, " 1.00, 19001 at 50 
 
 9 
 
 Bot. of CHARLES CHASE, for Cash, 
 Mdjc.,as per Bill, 4500 
 
 15 
 
 H. LONG & BROTHER, Cr. 
 By their note at CO days in full on settlement, 50 39 
 
 PARKER & HALL, Dr. 
 To my note at 30 days from date in full on settlement, 57 30 
 
 21 
 
 JOHN SMITH, Cr, 
 By Cash on account, 1000
 
 128 
 
 LEGER, CASH BOOK, TRIAL BALANCE. 
 
 Dr. 
 
 LEGER. 
 H. LONG & BROTHER. 
 
 [3] 
 
 CV. 
 
 1S55. 
 Oct. 2 
 
 
 P- 
 
 <> 
 
 HO 
 
 1855. 
 Oct. 5 
 
 
 P- 
 
 4 
 
 fin 
 
 " 6 
 
 t( 
 
 1 
 
 48 
 
 50 
 
 " 15 
 
 " balance, .... 
 
 
 50 
 
 39 
 
 
 
 
 54 
 
 39 
 
 
 
 
 54 
 
 3U 
 
 Oct. 15 
 
 To Balance, 
 
 
 50 
 
 39 
 
 Oct. 15 
 
 By Note, 
 
 2 
 
 50 
 
 39 
 
 JOHN SMITH. 
 
 1855. 
 Oct. 3 
 
 To Mdse., 
 
 1 
 
 10 
 
 64 
 
 1855. 
 Oct 21 
 
 By Cash 
 
 
 
 10 
 
 no 
 
 
 
 
 
 
 
 
 
 
 
 PARKER & HALL. 
 
 1855. 
 Oct. 7 
 
 To Cash, 
 
 1 
 
 11 
 
 00 
 
 1855. 
 Oct. 4 
 
 By Mdse., 
 
 1 
 
 68 
 
 50 
 
 " 20 
 
 " Balance, .... 
 
 
 57 
 
 50 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Oct. 20 
 
 To my Note, .... 
 
 9 
 
 57 
 
 50 
 
 021 20 
 
 By Balance,.... 
 
 
 ~57 
 
 50 
 
 NOTE. An account should be closed when you receive or pay in full. When you 
 close an account " By Balance," the balance is brought down, and is the begin- 
 ning of a new account. If closed " To Balance," Crrdittbe now account by that 
 balance, if closed " By Balance" Debit the new account by I hat ba lance 
 
 While the business continues, no account is closed unless payment is made 
 in lull. When one side of an account fills up the whole space and the other 
 side less, place the footings of both columns on parallel lines, and draw a diag- 
 onal line across the vacant space. 
 
 CASH BOOK. 
 Dr. CASH. Or 
 
 1955. 
 Oct. 1 
 
 " 5 
 
 " 8 
 " 12 
 " 15 
 " 21 
 
 To Cash on hand, per 
 
 300 
 4 
 2\ 
 ^ 
 50 
 10 
 
 :!,-? 
 
 00 
 00 
 50 
 
 00 
 
 ;i<i 
 
 00 
 
 Be 
 
 1855. 
 Oct. 2 
 " 7 
 (i 
 .. 11 
 " 9 
 ' 15 
 
 " 21 
 " 31 
 " 31 
 
 Paid Stationery, 
 Parker & Hall,.. 
 Insurance, 
 
 3 
 
 11 
 1-2 
 I 
 45 
 
 3 
 M 
 
 ;>e-s 
 
 :!S7 
 
 1 H. Long & Bro.,. 
 I. R. Butts, 
 drawing Deed,.. . 
 ' H. Long & Bro.,. 
 ' John Smith, 
 
 Charles Chase,., 
 dis't on H. Long 
 & Bro 's note,. . 
 ' Freight 
 
 Rent 
 
 Cash on hand, 
 
 
 Nov. 1 
 
 To Cah on hand, . . 
 
 2-^ 
 
 11 
 
 
 TRIAL BALANCE. Once in six, or three months, or oftener, each col 
 umn of the Leger should be added up, and a list of all the accounts, with the 
 differences of the several debits and credits annexed, should be taken from the 
 Leger upon a sheet of paper, in two separate columns. If the books have been 
 kept and posted correctly, the footings of the two columns will agree, if not 
 there must be some mistake, which should be found. 
 
 A BALANCE SHEET is usually made out at the close of the year. Com- 
 mence with the first account in the Leger, and lake off all the balances in or- 
 der and add to the debtor balances the Slock and Cash on hand, and to the credit 
 balances the original capital (or the balances you owe). Add up each column, 
 subtract one total from tlie other and the difference shows your loss or gam.
 
 NEW RATES OF POSTAGE. DOMESTIC. J29 
 
 RATES OF POSTAGE IN THE UNITED STATES 
 AND TO FOREIGN COUNTRIES. 
 
 CORRECTED AT THE POST OFFICE IN BOSTON, MAY, 1855. 
 
 New Postage Act, 
 
 After April 1, 1855, the single rale of postage on a letter conveyed for any 
 distance between places in the United Slates, not exceeding 3000 miles is 
 three cents, and for any distance over 3000 miles, ten cents ; which postage 
 tnu.it be prepaid, either by stamps stamped envelopes, or in money. 
 
 After January 1, 1856, all letters between places in the United States must 
 be prepuiil, either by postage stamps, or stamped envelopes. 
 
 The existing rates and regulations in regard to letters to or from Canada 
 and all oilier foreign countries remain unchanged. 
 
 Great care should be used, as well in prepaying the proper amount on let- 
 ters above the weight of half an ounce as on single letters. 
 
 NO. 1. LETTER POSTAGE TO AND FROM ANY PART OF THE 
 UNITED STATES. 
 
 For tarh i ounce, under 3000 miles, MUST BE PREPAID, 3 cents. 
 
 For tack \ ounce over 3000 miles, MOST BE PREPAID, 10 cents. 
 
 Fractions over a single rote are charged as one rate. Letters dropped for 
 delivery are charged one cent. Letters advertised are charged one cent extra. 
 
 NO. 2. LETTER POSTAGE TO AND FROM BRITISH NORTH 
 
 AMERICAN PROVINCES,-(PBKPAiD OB HOT.) 
 For each J ounce, when not over 3000 miles from the line of crossing, 10 cents. 
 
 For each J ounce when distance exceeds 3000 miles do .*.... 15 cents. 
 
 Newspapers and Periodicals are chargeable with United States posiage to 
 and from the lines. To be prepaid when sent and collected when received. 
 
 NO. 3. POSTAGE ON PRINTED MATTER, TRANSIENT OR 
 OTHERWISE, IN THE UNITED STATES.. 
 
 No. 1. All Newspapers, Periodicals, Unsealed Circulars or other articles 
 of primed mailer (except Books) when sent to any pait of the United States 
 
 Three ounces, or less PREPAID, 1 cent UNPAID, 2 cents. 
 
 For each additional ounce PREPAID, 1 cent. . ^ UNPAID, 2 cents. 
 
 No. 2. Small Newspapers and Periodicals, published monthly or oftener, 
 and Pamphlets not containing more than 16 oclavo pages, when seal in 
 single packages to one address, and weighing at least 8 ounces 
 
 For eight ounces PREPAID, 4 cents UNPAID, 8 cents. 
 
 For each additional ounce PREPAID, \ cent UNPAID, 1 cent. 
 
 No. 3. Books bound or unbound weighing not over 4 pounds. 
 
 For each ounce under 3000 miles PREPAID, 1 rent.... UNPAID, li cents. 
 
 Foreach ounce over 3000 milet PREPAID, 2 cents USPAID, 3 cents. 
 
 Fractions over a single rate are charged as one rate. 
 
 An avoirdupois } ounce is 21SJ grains. 1 Wafer weighs 1 grnin. Sealing 
 wax 5 gr. A sheet of foolscap weighs 172 grains ; letier-paner, 135. Smal. en- 
 velope, 42 grains ; large, 52. You can send a letter 3000 miles for 3 cents, pre- 
 paid, containing the sheet of letter-paper, with five hank-notes, sealed with 
 wax ; or the letter with three bank-notes in an envelope. Hall'a sheet of let- 
 ter-paper, with a half-cngle enclosed under wax. A sheet with one and a half 
 dimes enclosed, secured by wafers. A single sheet of letter-paper, with a quar- 
 ter-eagle enclosed, secured by wax. One and a half sheets of letter-paper.
 
 130 
 
 NEW BATES OF POSTAGE. 
 
 ffo. 4. Small newspapers, pamphlets, &c., when sent in packets of less 
 than eight ounces, must be rated singly. 
 
 No. 5. Newspapers, Periodicals, and all other printed matter must be sent 
 without covers, or in covers or wrappers open at the ends or sides. Incase 
 any information shall be asked or communicaied, by wriiing, marks, or signs, 
 on the newspaper or other printed mailer, after its publication, or upon the 
 cover, except the name and address of the person to whom it is sent, it will 
 be charged with letter postage. Neither must there be any paper or other 
 thing enclosed in or with such printed paper, &c. 
 
 Quarterly Rates of Postage, when 
 paid in advance, on Newspapers 4" 
 
 
 11 
 
 a" 
 s 
 
 i| 
 
 jj, 
 3 
 
 '5 5 
 
 fi 
 
 1 
 
 Periodicals sent from the office of 
 
 'a 
 
 .H 
 
 c 
 
 00 j 
 
 ? 
 
 W| 
 
 1 
 
 publication to actual Subscribers. 
 
 Q 
 Cts. 
 
 to 
 Cts. 
 
 H 
 Cts. 
 
 Cts. 
 
 Cts. 
 
 Cts. 
 
 Cts 
 
 Weekly newspapers (1 copy only) 
 
 
 
 
 
 
 
 
 sent lo actual subscribers within the 
 
 
 
 
 
 
 
 
 county where printed and published. . 
 
 
 
 
 
 Free. 
 
 
 
 Newspapers and periodicals not ex- 
 
 
 
 
 
 
 
 
 ceeding 14. oz. in weight, when circula- 
 
 
 
 
 
 
 
 
 ted in the state where published 
 
 22J 
 
 19J 
 
 9J 
 
 64. 
 
 3^ 
 
 14. 
 
 1 
 
 Newspapers and periodicals of the 
 weight of 3 oz. and under, sent to any 
 
 
 
 
 
 
 
 
 pari of ihe United Slates 
 
 454 
 
 39 
 
 194 
 
 13 
 
 04 
 
 3 
 
 ] l 
 
 Over 3 and not over 4 ounces 
 
 91 
 
 78 
 
 39 
 
 26 
 
 13* 
 
 G 
 
 | 
 
 Over 4 and not over 5 ounces 
 
 1-364 
 
 1-17 
 
 584 
 
 39 
 
 194 
 
 9 
 
 41 
 
 Over 5 and not over 6 ounces 
 
 * *"*J 
 
 182 
 
 1-56 
 
 78* 
 
 52 
 
 26 
 
 12 
 
 ? 
 
 Over 6 and not over 7 ounces 
 
 2-274. 
 
 1-95 
 
 974. 
 
 65 
 
 324 
 
 15 
 
 7. 1 , 
 
 Over 7 and nol over 8 ounces 
 
 2-73 
 
 2-34 
 
 117 
 
 78 
 
 39 
 
 18 
 
 B 
 
 1st. When the weight of any publication exceeds eight ounces, the same 
 progressive rale of postage, laid down in the above table, must be charged. 
 
 2nd. Publi^hersof newspapers and periodicals may sendto each other/rom 
 their respective offices of publication, free of postage, one copy of each publi- 
 cation ; and may also send to each actual subscriber, enclosed in their publica- 
 tions, bills and receipts for the same, free of postage. 
 
 3d. If the publisher of any newspaper or periodical, after being three 
 months previously notified thai his publication is not taken out of the office to 
 which it is sent for delivery, continue lo forward such publication in the mail, 
 the Postmaster lo whose office such publication is sent will dispose of the same 
 for I he postage, unless the publisher shall pay it , and whenever any printed 
 m itter of any description, received during one quarter of the fiscal year, shall 
 have remained in the office .without being called for during ihe whole of any 
 succeeding quarter, the Postmaster of such office will sell ihe same and credit 
 the proceeds of such sale in his quarterly accounts in ihe usual manner. 
 
 4th. Quarterly payments in advance may be made either at the mailing of- 
 fice orthe office of delivery. When made at the mailing office, satisfactory 
 evidence of such payment must be exhibited to the Postmaster at the office of 
 delivery. 
 
 POSTAGES TO FOREIGN COUNTRIES. 
 
 NO. 1. RATES OF POSTAGE BETWEEN THE UNITED STATES 
 AND VARIOUS COUNTRIES, BY THE WAY OF ENGLAND. 
 On all SINGLE Letters between the United States and ihefollowing 
 named places and countries, when sent by the way of England, the Rales 
 named must be prepaid, and 5 cents additional when from or to Cali- 
 fornia and Oregon.
 
 NEW RATES OF POSTAGE. FOREIGN. 131 
 
 To the following places the United States Postage, (and that only may be collected 
 in the V. S.,) ii 21 Cenls n single letter not exceeding ounce in weight, 
 when conveyed by V. 3. Packets, and 5 Cent* when conveyed by British Packets. 
 
 Alexandria, Altona, Anhalt, Austria, Algeria, Baden, Bavaria, Bohemia, 
 Baslr, Belgium, Bergen, Bremen, Brunswick, Bruckenburgh, Coifu, Con- 
 stantinople, Copenhagen, Cronstadi, Candia, Christiana, Cuxhaven, Dardan- 
 elles, Darmstadt. Dfiimaik_Frnnce, Frankfuri-on-ihe-Main, Finland, Geneva, 
 German Stales, Gibraltar, Greece via Trieste, Gitlacz, Giillipoli, Hamburg, 
 Hanover. He-:sia, Hungary, Holstein, Holland, Italy, Ionian Islands, Ibraila, 
 Keil, Sifilies, Lippe, Lombard)'. Luhec, Luxemberg, Levant, Malta, Meck- 
 lenberg (Schwenn). do (Sirilitz), Meiningen, Modena, Mitylene, Naples, 
 Nassau, Norway, Netherlands, Oldenburgh, Papal Suites, Parma. Poland, 
 Prussia, Placeniia, Reuss. Roman or Papal Slates. Rhodes, Russia, Sardinia, 
 Sal-mica, Samsuni, Saxe, Saxony, Savona, Schleswiir. Sicily, Sweden, 
 Switzerland, Scmara, SmyriiH, Turkey, Tenedos, Trebisoud, Tuscany, 
 Tuloza, Varna, Venetian Stales, Wallachia, VVurteinburg. 
 
 Ratrs to thf following countries 45 Cents [prepaid]. 
 
 Ascension, Africa. Brazil, Buenos Ayres, Cape of Good Hope, Cnpe do 
 Verde Islands, Ceylon via Cape of Good Hope, Dnu-h Guiana, Montevideo 
 via Palmouih or any other part of the Republic of Uruguay, Sierra Leone, 
 ami Surinam. 
 
 Rates to the following places. [prepaid.] 
 
 Australia, South Ausiralia, and Victoria ( Forl Philip) via Plymouth. West 
 Australia, New South Wa.es, New Zealand, Van Dieman'a Lam), Heligo- 
 land^:) ; Australia and Africa, (by private ship*) 37 ; Madeira, G5 , Si Helena, 
 37; British Guiana, 10; Canary Islands, 65 ; French Guianu, 34. 
 
 Ratrs Via. of Southampton [prepaid]. 
 
 Aden.f Asia.) Island of Ceylon, China, Kasi Indies, J:iva, Mauritius, Phillip- 
 nine Islands, and Venezuela, 45; Azores', nnd Porlugul, 63 ; Uoiirhon, Borneo, 
 Lahuan, .Molucca-', ami Sumatra. 53: Ejrypi, Greece, and Syria, 57 ; Hong 
 Kong, 21 ; Spain, Majorca, and Minorca, 73. 
 
 Rites Via of Marseilles [prepaid], 
 
 Aden. Ceylon, East Indies, Java, Philippine Islands, Mauritius, Crrna,33 ; 
 Hon<r Konir, 5 ; Keyroul, 57 ; Egypt 61 ; Greece, 21 ; Spain &. Minorca. 41 ; 
 Syria and Tunis 51 ; Labuan, Moluccas, Sumatra, Bourbon and Borneo, 73. 
 
 Posiage of Newspopcrs to or from G. Britain and Ireland, or to or from 
 foreign countries through Great Britain nnd Ireland, 2 cenu lo I.e prepaid. 
 
 NOTE. In computing poslnge lo the commies named above, the British 
 ami -ea postage, and U. S., are raied by the J ounce for the single letter 
 while ihe foreign postnge is rated by the } ounce Thus, a letter dirrcied to 
 the Kast Incli s, by a British Steamer, if il weighs less than Jounce, will be 
 charged 65 cents | ostage if J ounce, or more, but less than j ounce, 75 cenu 
 the foreign postage, only , being doubled for each J ounce. 
 
 The foreign portion of the above rates is lo be charged j ounce for 1 rate, and 
 an additional rate for ench quarter of an ounce, and 5 cents more than the 
 amount staled in the Tables if from or to California or Oregon. 
 
 NO. 2. RATES OF POSTAGE BETWEEN THE UNITED STATES 
 AND THE NORTH OF EUROPE, &c. 
 
 In Prussian closed Hail, by United SUtcs and British Packet*. 
 
 Rate 30 Cents JOT single Letter of J ounce, being the full payment from the port 
 of sailing. Prepaymmt optional, except whtrr noticed. 
 
 Allonacity; Anhalt; Austria; Baden; Bavaria; Bohemia; Bremen; 
 Brunswick; Bruckenhurgh ; Cuxhaven ; Darmsiadi ; Frnnkiori onlhe Main ; 
 Ge.nnnn Stales: Hamburgh; Hnover; Hessia; Hungary; llolsicin : Inily; 
 (except l,..inlmrdy, Modena, Tuscany and the Pupul Stiites).(preraid); Keil; 
 Sieily ; Lippe; Lnm hardy; Lubec; LuxemSerg; Levant (prepaid), Meck- 
 lenliurir; do. Slrililz ; Mi iiiintrcn ; Naples, (prepaid), Nassau; Nellirrhinds ; 
 Oldeuburgh; Prussia; Placeniia; Reuss; Sardinia (prepaid); Saxe; Saxony;
 
 132 
 
 NEW RATES OF POSTAGE. FOREIGN. 
 
 Schleswig; Sicily(prepaid); Scutari (prepaid); Turkey in Europe (prepaid); 
 Veniliau Slates; Wallachia (prepaid) , Wurtemburg. 
 
 And to uther places at the following Rates : 
 
 Bergen. Norway, and Christiana, 48 ; Corfu, Cronstadt, Denmark, Finland 
 Ionian IslamU, Poland, and Russia, 37; Constitntinople, Candia, Dardanelles, 
 Galarz, Gallipoli, iliraila, Mitylene, Rhodes, Salonica, Sansum, Tenedos, and 
 VuriM, 40; Geneva, 30: Parma, and Modena, 33 ; Switzerland, Papal Slates, 
 and Tuscany, 35; Trel)isond,Taloza, and Smyrna, 40; Sweden, and Greece,42. 
 
 Postage on Newspapers, to the foregoing places, 6 cents each. 
 
 NO. 3. RATES OF POSTAGE BY THE BREMEN LINE. 
 
 Being the full payment to destination. Prepayment optional. 
 Altona, Bavaria, Brunswick, Hamburg, Hanover, Hungary, Lombardy, 
 Lubec, Mecklenberg (both), Prussia, Saxony, 15 Anhalt, Baden, Basle, 
 Bruekenburg, Cuxhaven, Frankfort-on-the-Main, German Slates, Hessia, 
 Holslein. Lippe, Luxemberg, Levant, Meiningen, Nassau, Boliemin, Reuss, 
 Saxe, \Vnriemburg, 22 - Alexandria, 30 (prepaid) Corfu, do. do., Malta, do. 
 do., VVallachia, do. do. Christiana, Norway, and Bersren, 37 Constanti- 
 nople, Greece, Sweden, Italy (except Lombardy and Venice), 33 Copen- 
 hagen, Denmark, and Schleswig, 27 Cronsladi, Finland, Poland, and Russia 
 29 Geneva, Netherlands, and Swi'zerland, 25 Bremen, 10 Reil, and 
 Hoist-in, 23 Olilenburgh, 13. Newspapers to the above places, 3 cents 
 prepaid. 
 
 NO. 4. RATES OF POSTAGE TO HAVRE (FRANCE). 
 
 Havre, (France,) or any other port or place on the coast of France, Ger- 
 many, or where the U. Stales sieam p.ickeis touch, the Uniled States Postage 
 (2U cents) is to be prepaid. Postage of Newspapers, 2 cents prepaid. 
 
 NO. 5. CUBA, AND BRITISH WEST INDIA ISLANDS. 
 Havana Antigua, Barbadoes. Bahamas, Berbice, Cariacou, Demerara, 
 Dominica, K-ssiquibo. Grenada, Honduras, Jamaica, Monlserrat, Nevis, St. 
 Kits, St. Lucia, St. Vincent, Tobago, Tortola, Trinidad, and Turks Island. 
 Sinsjle leliers 10 cents if distance from mailing office does not exceed 2,500 
 miles; and 20 cents where disiance exceeds 2,500 miles prepaid. Postage 
 of Newspapers, 2 cents prepaid. 
 
 West Inilin Islands (not British,) and ponsor points in the Gulf of Mexico, or 
 
 when sent from, and 2 cents when received in, the U, S. 
 
 But to the following places the postage is 20 cents from mailin? office, if dis- 
 tance exceeds 2,500 miles, and 10 cents wlien the distance is less prepay- 
 ment required Mexico, Acapuleo, Panama. Nicaragua, Chagres, and Mazatlin. 
 Postage of Newspapers, U. S. only, 2 cents prepaid. 
 
 NO. 6. PAMPHLETS, &c., TO GREAT BRITAIN AND IRELAND. 
 
 U. S. Postage, is 2 cents for each pamphlet, not exceeding 2 ounces in 
 weight, and 4 cents for each extra ounce, prepaid Subject 10 the same post- 
 age in Great Britain. No pamphlet can be sent exceeding eisht ounces in 
 weight, and no periodical over Id, without being subject to letter postage. 
 
 WIIIMI sont to or received from foreign countries. WITHOUT PASSIVG THRoroH 
 TIIK I'xiTEti KINGDOM, they will be chargeable with the regular United State* 
 rules, to be prepaid when sent, and collected when received. 
 
 Newspapers and Periodicals to Foreign Countries (particularly to the Con- 
 tincnioi Hurope) must be sent in narrow bunds, open at the sides or end*.
 
 73- / /f 
 
 n 
 
 jt, 
 
 Jy- 2 <
 
 THE 
 
 TRADER'S GUIDE, 
 
 AND 
 
 CONTAINING 
 
 THE LAWS OF TRADE; OF BILLS OF EXCHANGE AND 
 
 NOTES ; OF CONTRACTS AND AGREEMENTS ; THE 
 
 MODE OF DOING BUSINESS WITH BANKS; 
 
 AND THE 
 
 REMEDIES FOR THE RECOVERY OF DEBTS 
 
 In all tljc #tat*0 of tljc Snton : 
 
 DEFENCE OF DEBTOR J FORMS OF AFFIDAVITS, AND DEPO- 
 SITIONS ; THE LAWS IN RELATION TO TRUSTEE PROCESS, 
 
 LIMITATION OF ACTIONS, INTEREST, USURY, INSOLVENCY, 
 PAYMENTS, ACKNOWLEDGMENT OF DEBT, ARBITRATION BY 
 REFERENCE, REPLEVIN, SET-OFF, TENDER, LIEN, GUARAN- 
 TEE, GENERAL AND SPECIAL PARTNERSHIPS, HUSBAND AND 
 WIFE, AND THE SEPARATE RIGHTS OF PROPERTY OF MAR- 
 RIED WOMEN, &C., &C. 
 
 Calculated for the Use of (he Citizens of the United States. 
 
 BY I. R. BUTTS, 
 
 ASSISTED BY AN ATTORNEY. 
 
 PUBLISHED BY 
 
 I. R. BUTTS, No. I SCHOOL STREET, BOSTON 
 H. LONG Si. BRO., 121 NASSAU STREET, NEW YORK. 
 
 1856.
 
 RECOMMENDATIONS. 
 
 LETTER FROM THE How. AMASA WALKER, SECRETARY or 
 STATE OF MASSACHUSETTS. 
 
 Dear Sir, My attention has been recently called to your little work, 
 entitled "THE TRADER'S GUIDE." The impression it has made on my 
 mind is, that had I been in possession of such a Work, when I was a busi- 
 ness man, it would have been of great use to me. I can now see that I 
 groped on blindly, and encountered many losses and embarrassments, 
 which an acquaintance with your book would have saved me. 
 
 It certainly, I think, ought to be in the hands of every person engaged in 
 trade, and I commend it to the attention of all such. Clerks who wish to 
 qualify themselves for usefulness to their employers, and for success when 
 they shall undertake business for themselves, would, I am sure, do well to 
 make themselves familiar with "THE TRADER'S GUIDE." 
 I am, very respectfully, your obedient servant, 
 
 AMASA WALKER. 
 
 LETTER FROM CAPT. H. W. BENHEM, U. S. A. 
 
 The undersigned, having examined the " BUSINESS MAN'S ASSISTANT '; 
 and the "TRADER'S GUIDE," finds them valuable auxiliaries in Business 
 Transactions. They appear to condense more information that is useful 
 and important to business men, than any other book I have ever met with. 
 
 H. \V. BENHEM. 
 
 Entered, according to Act of Congress, in the year 1851, 
 BY I. R. BUTTS, 
 
 in the Clerk's office, of the District Court of Massachusetts.
 
 INDEX 
 
 TO 
 
 THE TRADER'S GUIDE 
 
 PART I. 
 LAWS OF TRADE. 
 
 PACK 
 
 Legality of Book Accounts, 7 
 
 When Day-book is competent evidence, 7 
 
 How must books be kept, 7 
 
 Settlement of Accounts, how can be impeached, 8 
 
 Legality of Keceipts, 8 
 
 A Receipt not conclusive evidence of payment, 8 
 
 Forms of Beceipts 8 
 
 For cash on account by hands of a third person for rent in 
 full of accounts for balance of account for dcposite in bank 
 
 of payment on bond, 
 
 Legality of Releases, 9 
 
 What can be released, 9 
 
 Form of Eelease, 9 
 
 General Release for all debts, contracts, demands, rents, cove- 
 nants, notes, &c., &.C., &c 9 
 
 Mode of Doing Business with Banks, 10 
 
 Advantages of having an Account with Bank, 10 
 
 How to Keep an Account with Bank, 10 
 
 How Request should be made for Discount, and to whom, 10 
 
 How Deposites of Bank Bills should be made, 10 
 
 What constitutes a Note Negotiable, 11 
 
 The safest and most convenient way to Remit Money, 11 
 
 Certificate of Deposite, 11 
 
 Forms of Indorsement, 12 
 
 NOTES AND BILLS OF EXCHANGE. 
 
 1. Description of Bills and Notes, 12 
 
 2. Parties to a Bill or Note, 12 
 
 3. FOBMS OF NOTES AND DDK BILLS: Note on time do. on de- 
 mand do. as collateral do. on instalments do. to my own 
 order do. not negotiable do. joint and several do. with 
 
 power of attorney, 13 
 
 Due Bills for cash or goods, 14 
 
 4. Forms of Foreign and Inland Bills: Foreign Bill, Inland 
 
 Bill at sight do. on time, 14 
 
 Laws respecting Bills, See Note 15 
 
 5. Requisites of a Bill or Note, 16 
 
 6. Consideration of a Bill or Note, 16 
 
 When can be Collected, though no consideration has been given, 17 
 
 When Consideration is Illegal by Statute, or Usury, 17 
 
 7. Effect of taking a Note after due, 17 
 
 How maker can have the benefit of a set-off, 17
 
 IV CONTENTS. 
 
 PAGZ 
 
 8. Presentment of a Bill for Acceptance, 18 
 
 Bills payable at sight, or after sight, or after demand, how mast 
 
 be presented, and when, 18 
 
 9. Presentment for Acceptance, by whom, where, and to whom made, 18 
 
 10. Of Acceptance, verbal, special, conditional, or implied, 20 
 
 11. Non- Acceptance, when notice is necessary, 21 
 
 12. Liability of Acceptor, 21 
 
 How bound, though he accepts a forged bill, 21 
 
 How bound, though he accepts a bill with a larger amount 
 than that fixed by the real drawer, 21 
 
 How bound, though he accepts a bill without consideration,. 21 
 13. Acceptance for Honor, 21 
 
 How made, 21 
 
 14. Of Indorsements, 23 
 
 How indorser may relieve himself from liability, 23 
 
 Where there are three or more indorsers, and the note is paid 
 
 by one, how the others are affected, 23 
 
 15. Presentment for Payment, 24 
 
 When should be presented, if no place is mentioned on the 
 note, when the note is dated in one state, and the maker 
 resides in another, 25 
 
 What constitutes a Demand, 25 
 
 Demand and Notice. 26 
 
 16. What will excuse non-presentment, 26 
 
 How indorser may waive his right of presentment and notice,. . 26 
 17. Presentment for Payment of Note on demand. 27 
 
 When should be presented iu order to hold indorsers, 27 
 
 18. Payment of Bill or Note. 28 
 
 To whom Payment should be made, and how, 28 
 
 19. Days of Grace 28 
 
 What constitutes on what notes and bills at what hours must 
 
 payment of note be demanded, 29 
 
 20. Notice to indorsers, 29 
 
 How and to whom notice should be given, and when 29 
 
 21. When want of Notice is Excused, 31 
 
 22. Form of Notice, how should be written, 32 
 
 23. Protest, when Necessary, 32 
 
 Forms of Notice, 33 
 
 24. Loss of Bill, or Note, 34 
 
 How Payment can be enforced against the acceptor, 35 
 
 25. Alteration of Bill or Note, Forgery, 35 
 
 26. Liabilities of Banks as Agents, 36 
 
 Liabilities of Holders of Checks, 36 
 
 When Check should be presented for Payment Form of Check, 36 
 
 Damages on Protested Bills of Exchange, 37 
 
 In Maine New Hampshire, Vermont, Massachusetts, Connecticut,. 37 
 New York, New Jersey, Pennsylvania, Delaware, Maryland, 
 
 Virginia, North Carolina, South Carolina, Georgia, Alabama, 38 39 
 Florida, Mississippi, Louisiana, Tennessee, Kentucky, Ohio, Indi- 
 ana, Illinois, Missouri, Michigan, Arkansas, Wisconsin, Iowa, 
 
 California, Canada. District Columbia, 3940 
 
 Usury : General Principles of, cases cued, 40 
 
 LAW OF CONTRACTS. 
 
 1. Definition of a Contract, 42 
 
 Who are capable of entering into Contracts, 42 
 
 2. Of Simple Con acts, 43 
 
 3. Of Written Contracts 44 
 
 When Contract is not binding unless written, 44 
 
 Persons not liable by reason of any representation or recommen- 
 dation conce ning the character, ability, or credit of any person, 45 
 
 Contracts must be founded on some Consideration, 46 
 
 Promise to pay the Debt of Another, when binding, 47 
 
 4. Verbal Contracts 49 
 
 5. Express Contracts, 50
 
 CONTENTS. 
 
 6 Implied Contract!, .............................................. 51 
 
 When silence may be construed into an agreement, ........ 61 
 
 7. Sale and Conveyance of Estates, ............................... 53 
 
 8. Purchase, Sale, and Delivery of Goods, ..................... 63 
 
 9. Warranty ol Goods, ............................................ 66 
 
 10. Sale of Horses, ................................................ 67 
 
 11. Hiring and Borrowing, ........................................ 58 
 
 12. Bill of Sale, if Goods are retained, is Evidence of Fraud, ........ 53 
 
 13. Avoidance of Contract, ......... . ............. . ................. 59 
 
 Obtaining Goods by False Pretences, ........... . ........... 60 
 
 14. Precautions to be observed in entering into Contracts, ........ 60 
 
 Payment, When can be Demanded, .............................. Ol 
 
 Interest, When it can be Claimed, ................................ 61 
 
 Manner of Computing Interest on Notes where Partial Payments 
 have been made ............................................... 63 
 
 Limitation of Actions, .......................................... 63 
 
 1. Times within which Debts can be Collected, .............. 64 
 
 2. Exception of open and mutual Accounts, .................. 64 
 
 3. Case of a Defendant out of the State, ...................... 64 
 
 4. Acknowledgment, or New Promise, when must be ill writing, 64 
 5. Effects of Part Payment, ................................... 65 
 
 6. When Actions can lie brought on Sealed Contracts, &c. &c. 65 
 
 7. Notes and Bills of Exchange, when Statute begins to operate, 65 
 
 Trustee Process - Garnish.ee Process, .......................... 65 
 
 Who Liable to be summoned as Truatee, and what Property is, 
 and is not, Attachable by this Process, ........................ 65 
 
 Proceedings in the Case, ....................................... 66 
 
 PART II. 
 REMEDIES FOR THE RECOVERY OF DEBTS. 
 
 Commencement of a Suit at Law, .................................. 67 
 
 Unluwlul Attachment and Arrest, ................................. 68 
 
 Liabilities of Attorneys to their Clients, ............................ 69 
 
 Lmbiliues of Sheriffs. ............................................. 69 
 
 Remedies of the Creditor, .................. .................. 69 
 
 MOOES OF COLLECTING DEBTS IN 
 
 The different States, (compiled from the Statutes.) by attachment and ar- 
 
 rest, How a Resident in one Slate can collect a Debt owing him 
 
 in another ; how and when Real Estate, taken on execu- 
 
 tion can be redeemed ; Homes; eads and Articles 
 
 exempted by law from Attachment, &c. 
 
 Maine, 
 
 New Hampshire ............. 71 
 
 Vermont, .................. 72 
 
 Massachusetts, ............. 73 
 
 Rhode Island ............... 75 
 
 Connecticut, ................ 76 
 
 New York, ................ 77 
 
 New Jersey, ............... 81 
 
 Pennsylvania, .............. 82 
 
 Delaware, ................. 83 
 
 Maryland, ................. 84 
 
 Virginia, .................. *& 
 
 Noith Carolina, ............. 88 
 
 South Carolina, ............. 67 
 
 Georgia, .................. 87 
 
 Alabama ................... S8 
 
 Mississippi, ................ 89 
 
 Louisiana, ................. 80 
 
 Tennessee, ................ 01 
 
 Kentucky .................. 92 
 
 Ohio, ..................... 92 
 
 Indiana, .................. 93 
 
 Illinois, ................... 94 
 
 Missouri, .................. 95 
 
 Michigan, ................. 96 
 
 Arkansas. ........ ......... 97 
 
 District of Columbia, ......... 98 
 
 Florida ................... 98 
 
 Wisconsin, ................ 99 
 
 Iowa .................... 100 
 
 Texas ..................... 100 
 
 California, .................. 101 
 
 Defence of the Debtor, .......................................... 102 
 
 TO 1*
 
 VI CONTENTS, 
 
 PART III. 
 COMMERCIAL AND DOMESTIC LAWS. 
 
 TAGS 
 
 Affidavits, 103 
 
 Affidavit of a Demand against a Non-Resident Debtor, 103 
 
 for Goods Sold and Delivered, U4 
 
 Affidavit for Goods Sold and Delivered by a Clerk, 104 
 
 for Various Other Purposes, 104 
 
 Depositions, 104 
 
 Taken under a Commission, 104 
 
 Insolvency, 105 
 
 General Rules to be observed in, 105 
 
 Acknowledgment of Debt, 106 
 
 Forms of, and General Directions, 106 
 
 Arbitration by Beference, 108 
 
 Forms of, and Directions for Referees, 103 
 
 Eeplevin, 108 
 
 How can be Executed, 108 
 
 Off-Set or Set-off, 109 
 
 How one Demand can be made to off-set another, 109 
 
 When must Demand have existed to allow of its being set-off, 109 
 
 What effect assignment of demand has against a set-off, 109 
 
 Maker of a Note can avail himself of off-sets against the promisee, 109 
 
 How is defendant entitled to a set-off, 109 
 
 What course should defendant pursue when he has a claim against 
 the party suing him 109 
 
 Tender, 109 
 
 How and in what money it should be made, 109 
 
 In what manner tender should be made, 110 
 
 How tender should be presented, 110 
 
 General Lien, no 
 
 Under what circumstances Property can be held, 110 
 
 Guarantee, ill 
 
 Fora single object, or continuous, Ill 
 
 General Partnership, 112 
 
 What constitutes a Partnership, 112 
 
 Lien of Partner for money advanced, 112 
 
 Liability of Partners, 112 
 
 How Partner can be released from liability 112 
 
 What share in the business the shareholdeV has as a general Partner, 112 
 Liability of Partners for money borrowed, to be used, or not, for 
 
 the firm, 112 
 
 How Partnership can be dissolved, and what Notice is necessary,. .112 
 
 Limited (or Special) Partnership, 113 
 
 Directions for Forming, Liabilities and Benefits of. 113 
 
 How Capital shall be contributed by Special Partner, 113 
 
 Liability of Special Partner if Certificate contains a false statement, 113 
 
 Letters of Credit; Forms of, 114 
 
 Husband and Wife; 114 
 
 Husband's Interest in Wife's Personal Estate, 114 
 
 " in Debts due the Wife, 114 
 
 " in Wife's Real Estate 115 
 
 Liability for Wife's Debts before Marriage, 115 
 
 " " to Maintain his Wife 115 
 
 Dower of the Wife in Husband's Real Estate, 115 
 
 How Wife's Right to Dower may be Barred 116 
 
 Marriages may be Dissolved by Divorce, or Annulled by Fraud,.. 116 
 Powers of the Husband, 116 
 
 The Separate Bights of Property of Harried Women, 
 
 As Altered by late Legislatures in various States, 117 
 
 Compensation of Attorneys at Law, 119
 
 PART I. 
 
 LAWS OF TRADE. 
 
 LEGALITY OP BOOK ACCOUNTS. 
 
 IN most of the States the original entries in shop 
 books, are competent evidence, with the oath of the 
 party, to prove the items charged.* In some states the 
 oath of the clerk who made the entry, is also required. 
 
 If the books, on being submitted to the inspection of 
 the court, do not appear to contain the first entries, or 
 charges, made at or near the time of the transactions 
 to be proved, and to have been honestly and fairly kept, 
 without erasures, or interlineations, they are excluded. 
 
 Where entries were first made on a slate, or cart, 
 and immediately afterwards transferred into a book, 
 kept in the leger form, such book has been admitted 
 as competent evidence to prove the charges ; though 
 regard must be had to the education of the party, and 
 the nature of his employment. 
 
 An account, purporting to be drawn out by the party 
 himself from his original and daily minutes, is not ad- 
 missible in evidence, though the book containing such 
 statement should be accidentally destroyed ; unless it 
 could be proved that the items of the amount drawn 
 out had actually existed in the party's books. 
 
 If the party is dead, the books may be offered by 
 the executor or administrator, he making oath that they 
 came to his hands as the genuine and only books of 
 account of the deceased ; with proof of the party's 
 handwriting. 
 
 If the clerk who made the entries is dead or insane, 
 the book is admissible upon proving his handwriting. 
 
 The following State* admit both entry and oath : Maine ; Massaohu- 
 ett*, ( Cash charge of ije.OO is allowed); Connecticut j New Hampshire; 
 Illinois; Pennsylvania; Souih Carolina ; North Carolina, (where demand 
 does not exceed $60 ); Delaware; Maryland, (where demand does not 
 exceed A'28 0(1) ; Tennessee : Ohio, (if not more than 18 months' standing) ; 
 Rhode Island; Vermont; Wisconsin 
 
 Evidence of the original entry, and proof of delivery of goods is only re- 
 quired iit New York, New Jersey Georgia, &c. [See pages 63, 70-101. J
 
 8 LEGALITY OF RECEIPTS. 
 
 When the day-book contains marks which show that 
 the items have been transferred to a leger, the leger 
 must be produced. 
 
 SETTLEMENT OP ACCOUNTS. It is usual to prefix 
 ihe initials E. &- O. E. (for errors and omissions ex- 
 cepted) to the signature to accounts ; but the omission 
 of those letters forms no bar to the subsequent correc- 
 tion of errors. The settlement and discharge of an 
 account is no bar to a claim for any other demand, 
 not included in the settled account. It may be im- 
 peached by proof of unfairness, mistake, or fraud. 
 
 LEGALITY OP RECEIPTS. 
 
 A RECEIPT is not conclusive evidence against the 
 party signing, but, like all other cases of presumption, 
 is liable to be rebutted. 
 
 When a receipt is given for money paid on a bond, 
 or contract, the amount should be indorsed on the 
 bond. 
 
 A receipt in "full of all demands" is conclusive 
 evidence, when given under a knowledge of all the 
 circumstances between the parties; but is not so, when 
 given without such knowledge ; and may be avoided 
 by the party signing it, showing a mistake, or error 
 therein, or that it was given under misrepresentation. 
 
 FORMS OF RECEIPTS. 
 
 New York, Jan. 1, 1852. Received of Messrs. JOHNSON &. WARD 
 five hundred dollars, on account. 
 
 $500. JOHN S. WILLIAMS. 
 
 New Bedford, Jan. I, 1852. Received of HORACE WHEELER. 
 by the hand of JOHN HOBBS, twenty-five dollars, for books sold and 
 delivered to said WHEELER. 
 
 THOMAS S. WALES. 
 
 New York, Jan. 1, 1852. Received of PETER LAURIE, one hun- 
 dred dollars, being one quarter's rent due this day, for my dwelling 
 house, .No. 12 State Street, now occupied by said LAURIE. 
 
 $100. ABRAHAM HEWS. 
 
 Philadelphia, Jan. I, 1852. Received of JAMES WARREN three 
 hundred dollars in full of account to date. 
 
 $300. JAMES MADISON. 
 
 Baltimore, Jan. 1, 1852. Received of JOHK BARNES two hundred 
 dollars, in full for balance due on account. 
 
 $200. JOHN LINCOLN.
 
 LEGALITY OP RELEASES. 9 
 
 Boston, Jan. 1, 1852. JOHN L. LINCOLN has this day deposited in 
 this Bank, to his credit, five hundred dollars. 
 
 Traders Bank, Dec. 31, 1852. 
 ^500. JEREMIAH GORE, Cashier. 
 
 Boston, Jan. 1, 1852. Received of 1. R. BUTTS, one hundred dol- 
 lars, which amount I promise to endorse on said Butts' note for five 
 hundred and sixty-four dollars, dated January 1, 1852, and payable to 
 me or order, on demand, with interest, on surrender to me of this 
 receipt said endorsement to be as of this date. 
 
 ^100. JOHN BROWN. 
 
 LEGALITY OF RELEASES. 
 
 A RELEASE is an instrument under seal, whereby a 
 person discharges the right, or action ha has, or may 
 claim, against another, or his lands, &c. They are of 
 two kinds, viz : First, a release of lands, goods and 
 chattels: Second, a release of action, whether real, 
 personal or mixed. 
 
 If two persons are jointly bound, a release to one 
 will discharge the other. A release from the landlord 
 to one joint tenant extends to both. If two commit 
 a trespass, the release to one trespasser will discharge 
 the other. 
 
 A release of all demands or claims is the most effec- 
 tual release of all, as it will fully discharge all sorts of 
 actions, appeals, rights of entry into lands, titles, condi- 
 tions, covenants, rents, debts, duties, bills of exchange 
 and promissory notes, contracts, bonds, and legacies 
 before or after due, &c. &,c. 
 
 A General Form of Release from one to Another* 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, A. B. of , in the 
 
 county of , for and in consideration of dollars to me paid by C. 
 
 1). of the receipt whereof 1 do hereby acknowledge, do for myself, 
 
 my heirs, executors, administrators and assigns, remise, release, and 
 forever discharge the said C. D. his heirs, executors and administra- 
 tors, of and from all debts, demands, actions and causes of action, 
 which I now have, in law or equity, or which may result from the 
 existing state of things from any and all contracts, liabilities, doings 
 and omissions, from the beginning of the world to this day. 
 
 In witness whereof, I have hereto set my hand and seal, the day 
 
 of A. D. 18 
 
 In presence of A. B. (L .) 
 
 Short Form of Release. 
 
 Boston, Jan. 1, 1852. I A. B., do hereby release C. D., from all 
 notes, accounts, debts, dues, or demands of any name or nature I hare 
 or can claim against him. In witness whereof, I have, &r. 
 
 In presence of A. B. (L. S.) 
 
 * See " Business Man's Assistant," for other forms of Releases.
 
 10 MODE OF DOING BUSINESS WITH BANKS. 
 
 MODE OF DOING BUSINESS WITH BANKS. 
 
 EVERY person doing business would find it to his ad- 
 vantage to keep an account with some Bank. 
 
 1st. Because his money will be lodged in a place of 
 security. 2d, He will save time, for when he receives 
 money he can deposite it in bank, and when he pays it 
 away he can draw checks for the amount. 3d. By 
 depositing small sums he enables the bank to render 
 facilities in the way of discounts, of larger amount 
 than any one person could command by hoarding his 
 funds instead of banking them. 4th. He can leave his 
 notes with the bank for collection, and thus be relieved 
 from the anxiety of giving notice to indorsers. 5th. 
 He Can make his own notes and bills payable at his 
 own bank. 6th. In counting money, he runs some 
 risk of making an error, which he avoids when he 
 draws a check ; or, at least, if an error occur, it can 
 be easily rectified when his checks are returned at 
 the close of the month ; for they show at once the 
 amount paid ; and his check-book, if correctly kept, 
 shows to whom paid ; or his check may be so written 
 as to show of itself. 
 
 When a person opens an account with a bank, he 
 receives a small account book, called a Deposite-book ; 
 but he should not depend entirely on this book, but 
 keep an account of his deposites and receipts in his 
 own check-book. This Deposite-book he should send 
 to the bank, not only when he makes a deposite, but 
 also at the close of each month, to be balanced. 
 
 The depositor should never overdraw ; but if he ex- 
 pects accommodations, he will find that keeping a rea- 
 sonable balance in bank will speak volumes in his favor. 
 When he offers a note or bill for discount, the request 
 should be made in writing, and contain the names of 
 promiser and indorsers, (with their peaces of residence, 
 if not stated in the note) amount due on note, and the 
 time it has to run. This memorandum should be ad- 
 dressed to the Cashier, and is usually left with the dis- 
 count clerk. When a note is discounted, the interest, 
 for the time the note has to run, with three days' 
 grace, is taken in advance.
 
 MODE OF DOING BUSINESS WITH BANKS. 11 
 
 When a person makes a deposite of bank bills, he 
 should enclose the country bills in an envelope, with the 
 name of the depositor, foreign, and amount, written 
 thereon ; but the city bills may be presented loose. He 
 will also write the name of the depositor, date, and 
 character of the deposite, on a slip of paper, as follows : 
 DEPOSITED IN THE TRADERS BANK, BY I. R. BATES. 
 
 Boston, February 22, 1855. 
 
 Boston, 
 
 
 #150 
 300 
 150 
 50 
 50 
 
 ff7nn 
 
 
 
 
 
 Check of A. 
 
 B.. 
 
 " of C. 
 
 D, 
 
 
 
 This he gives to the teller to be filed. This course 
 saves time and prevents mistakes. (The above rule is 
 peculiar to the Boston banks, and towns in the vicinity.) 
 
 When a draft is sent to a distant place for acceptance, 
 notice should be sent to the person on whom it is 
 drawn, so as to precede its arrival. 
 
 When money is to be transmitted by mail to a dis- 
 tant place, it would be safer and more convenient to 
 send a draft, check, or certificate of deposite. Suppose 
 that H. Long & Bro., of New York, owe $100 to I. R. 
 Bates, of Boston ; they procure ndraft, or check, of some 
 bank, or broker, of New York, upon a bank, or bro- 
 ker, in Boston, payable to I. R. Bates, or order. This 
 draft they enclose in an envelope, directed to I. R. 
 Bates, who, upon receiving it, indorses it and collects 
 the money. It is safer to send a draft, or check, than 
 bank bills ; for should the draft be lost or stolen, it 
 cannot be collected until the person to whom it is 
 made payable has indorsed it ; and the only trouble 
 would be to procure another draft, or check. So, if 
 the person to whom it was sent should deny having re- 
 ceived it, the books of the bank, or broker, would be 
 evidence of the payment of the money. 
 
 CERTIFICATE OP DEPOSITE. 
 5100. TRADESMANS BANK. No. 20. 
 
 New York, February 20, 1851. 
 
 //. Long Sf Brotherhave this day deposited in this Bank, one hun- 
 dred dollars, to the credit, and subject to the order of, 1, R. Bates, 
 on return of this Certificate. JOHN BANKER, Cashier.
 
 12 NOTES AND BILLS OF EXCHANGE. 
 
 FORMS OF INDORSEMENT. 
 
 1. Indorsement in blank, by drawer or payee : 
 
 "JOHN WILLIAMS." 
 
 2. Indorsement without recourse, or, where the Indorser would avoid 
 
 all liability; 
 "JOHN WILLIAMS without recourse." 
 
 3. Indorsement in favor of a particular person : 
 " Pay to \Vm. Little, JOHN WILLIAMS." 
 
 4. Indorsement of an Agent : 
 " As Agent of Wm. Little, JOHN WILLIAMS." 
 
 5. Indorsement in favor of the Indorseri 
 " Pay Messrs. Adams 8f Co., for my account, JOHN WILLIAMS." 
 
 6. Special Indorsement : 
 
 " Pay to the order of John K. Hall, Esq., Cashier of the Bank of North 
 America, JOHN WILLIAMS." 
 
 NOTES AND BILLS. 
 
 I. DESCRIPTION OF A BILL OF EXCHANGE AND NOTE. 
 
 A BILL OF EXCHANGE is a written order or request, 
 and a PROMISSORY NOTE a written promise, by one per- 
 son to another, for the payment of money, absolutely, 
 and at all events. No set form of words is required. A 
 promise to deliver, or to be accountable, or to be 
 responsible for so much money, is a good bill or note ; 
 but it must be exclusively and absolutely for the pay- 
 ment of money 
 
 II. PARTIES TO A BILL OR NOTE. 
 
 A. who makes a bill is called the "drawer;" B. 
 to whom it is addressed, the " drawee," and C. in 
 whose favor it is made, the "payee." If the drawee 
 accept the bill, he is termed the " acceptor ;" when 
 a bill is indorsed, the person indorsing is called the 
 " indorscr," the person to whom it is indorsed, the 
 " indorsee." 
 
 The person who makes a note is called the "maker," 
 and the person to whom it is payable, the "payee;" 
 and the terms " indorser," and " indorsee," are used 
 as in bills.
 
 FORMS OF NOTES AND DUE BILLS. 13 
 III. FORMS OF NOTES AND DUE BILLS. 
 
 The following are the usual forms of Negotiable 
 Promissory Notes. 
 
 700. Portland, Jan. 1, 1856. 
 
 Six mouths afterdate, I promise to pay JOHN SANDS, or order, seven 
 hundred dollars, at the Traders Bank, Boston, value received. 
 
 PETER HOBBS. 
 
 300. Cincinnati, Jan. I, 1856. 
 
 On demand, I promise to pay WILLIAM HOCKIE, or order, thre 
 hundred dollars, with interest, value received. 
 
 JAMES LEWIS. 
 
 Bills and notes containing a memorandum of the 
 deposit of collateral security, such as a deposit of 
 stocks, &c., are valid. 
 
 600. Boston, Jan. 1. 1856. 
 
 Thirty days after date, I promise to pay I. R. MEARS, or order, sir 
 hundred dollars, for value received: I having deposited with him as 
 collateral security, (with authority to sell the same on the non-perform- 
 ance of this promise,) seven shares of the stock of the Traders Bank, 
 in Boston. 
 
 - JAMES THOMAS. 
 
 Bills of exchange and notes of hand payable by in- 
 stalments, are valid ; and suit may be commenced on 
 failure of the first payment. 
 
 800. Portsmouth Jan. 1. 1856. 
 
 Value received 1 promise to pay to the order of JOHN WARD, eight 
 hundred dollars as follows: two hundred dollars in six months; two 
 hundred dollars in nine months; four hundred dollars in twelve months 
 from the date hereof, with interest on all said sums. 
 
 ANDREW JOHNSON. 
 
 A note of hand payable to the drawer's own order, 
 is made negotiable by his endorsement. 
 
 #200. Portland, Jan 1, 1856. 
 
 Three months after date I promise to pay to my own order two 
 hundred dollars, value received. 
 
 I. K. BUTTS. 
 
 Bills of exchange or notes of hand which are not 
 negotiable (not being payable to order or bearer) are 
 perfectly valid between the original parties. 
 
 New York, Jan. 1, 1856. 
 Four months from date 1 promise to pay Messrs. H. LONG &t> 
 BROTHER, one hundred dollars, value received. , 
 
 HENRY WILLIAMS. 
 TO 2
 
 14 DUE BILLS. FOREIGN AND INLAND BILLS. 
 
 A note beginning "I promise to pay," and signed by 
 two or more persons, is a several as well as a joint note, 
 and the parties may be sued jointly or separately ; so, 
 if the note begin, " We jointly and severally promise to 
 pay," but when a promissory note is made by several, 
 thus, " We promise to pay," it is a joint note only. 
 
 #500. Boston, Jan. 1, 1856. 
 
 For value received, we promise to pay JOHN WILLIAMS, or bearer, 
 five hundred dollars, on demand, with interest. 
 
 HORACE MANN, 
 JOHN STUBBS. 
 
 Note with Power of Attorney. 
 
 5500. Cincinnati, Jan. 1, 1856. 
 
 Ninety days after date I promise to pay to the order of THOMAS 
 ROOT, five hundred dollars with interest, value received. And in case 
 of default of my payment of the principal and interest aforesaid, with 
 punctuality, I hereby empower THOMAS ROOT, or any Attorney at 
 Law to be appointed by him, to appear for me. and in my name con- 
 fess judgment before any Court of competent jurisdiction in the State 
 
 of ,Tor the above sum, interest, and costs, with release of errors^ 
 
 waiving the right of appeal. 
 
 Witness my hand and seal this first day of January, A. D. 1856. 
 
 Attest, C. D. CHARLES HOPE, (L. s.) 
 
 DDE BILLS. , 
 
 New York, Jan. 1, 1856. Due on demand, to 1. R. BCTTS, one 
 hundred dollars, value received. 
 
 THOMAS FORD. 
 
 Boston, Jan. 1, 1856. 
 
 Borrowed and received of JOHN BROWN, two hundred dollars, which 
 I promise to pay to him, or order, on demand, with interest. 
 
 JAMES LONG. 
 
 Due on demand, to WILLIAM ROPES, or bearer, two hundred dol- 
 lars, to be paid in goods,* Jan. 1, 1856, value received. 
 
 JAMES LORINO. 
 
 IV. FORMS OF FOREIGN AND INLAND BILLS. 
 
 Foreign bills are drawn in sets ; that is, copies of 
 the bills are made on separate pieces of paper, each 
 part containing a condition that it shall continue paya- 
 ble only as long as the others remain unpaid. 
 
 From my store, or else specify what kind of goods, and say at cash 
 prices, or otherwise.
 
 If 
 
 ' REQUISITES OF A BILL OR NOTE. 15 
 
 Foreign Bin. 
 Exchange for 500. New York, Jan. \, 1856. 
 
 Twenty days after sight of i\\\s first of exchange, (second and third 
 of the same tenor and date unpaid) pay to the order of JAMES 
 HKATH, in London, five hundred pounds sterling, value received, and 
 charge the same to account of WILLIAM SMITH. 
 
 To Messrs. Bates, Baring & Co., London. 
 
 Inland Bill. 
 5400. Boston, Jan.U, 1865. 
 
 At sight, pay to the order of JOHN WILDER four hundred dollars, 
 value received, and charge the same to account of yours, <tc. 
 
 JOHN SCREW. 
 To MR. JOHN HOBBS, New Orleans. 
 
 300. New Yurk, Jan. 1, 1866. 
 
 Sixty days after date, pay to the order of HORACE TICKNOR, three 
 hundred dollars, value received, and charge the same to our account. 
 
 MEARS & BLISS, 
 
 To MR. WILLIAM WILLIAMS, Boston. 
 
 5200. New Orleans, Jan. 1, 1856. 
 
 Ninety days after date, pay to the order of JEREMIAH GORE, Esq., 
 at the Traders Bank. Boston, Mass., two hundred dollars, value re- 
 ceived, and charge the same to the account of JOHN DEMPSTER, Esq., 
 H per advice or, without further advice. 
 
 JONES & WHEELER. 
 
 To Messrs. HARTT &. WEEMS, Boston, Mast. 
 
 Note. In Pennsylvania all Bills of Exchange, Promissory Notes. Due 
 Bills, or any other instrument in the nature thereof, must contain the 
 names of the places of business or residences of all the parties ; and when 
 such places of business or residences arc omitted, demand of acceptance, 
 protest, Ac., may be given at any lime before maturity, as well as protest 
 nd non-payment of the same after maturity. In ali such cases of omis- 
 sions, such Notes, &c., shall be held to be payable and prolestable at the 
 place where they are deposited for collection, and Bills of Exchange, 
 Drafts, Checks or other securities shall be held to lie payable and protesta- 
 ble at the place where they are addressed to the drawer. Law of Penn- 
 sylvania, 1849. Notes bearing dale in the city or county of Philadelphia, 
 must ron iniii the words " without defalcation* or set-off " 
 
 In Afiwouri, Noies, which express on their face lu be for " value received, 
 negotiable and payable without defalcation," are rendered negotiable in 
 like manner as inland bills of exchange. 
 
 In Indiana, note* are written " without any relief whatever from valua- 
 tion or appraisement law*.'' 
 
 In Ohio, a Promissory note payable to a person, or bearer, is negotiable 
 by delivery, without endorsement. The mere endorsement upon a note 
 of a strangers name in blank, is prima facie evidence of guaranty. To 
 charge such a person as mater, there must be proof that bis endorsement 
 was made at the lime of the execution by the other party ; or, if afterwards 
 that it was in pursuance of an agreement or intention, that he should be- 
 come responsible from the dale of the execution, which intention may be 
 proved by parol evidence. 
 
 If a Promissory Note be signed by one of the partners on a contract, on 
 account of the firm, in this form, A. B. for A. B. & Co., the firm will be liable 
 
 A memorandum written on a Nolr, in these words, "for value received 
 I hereby acknovy'cdite this Note to be due, and promise 10 pay the snme on 
 demand," and signed in the presence of an attesting witness, prevents the 
 operation of the statute of limitations.
 
 16 CONSIDERATION OF A BILL OR NOTE. 
 V. REQUISITES OP A BILL OR NOTE. 
 
 The two principal requisites to a good bill are, first, 
 that it be payable at all events, not dependent on any 
 contingency, nor payable out of a particular fund ; and, 
 secondly, that it be for the payment of money only, and 
 not for the payment of money and the performance of 
 some other act, as the delivery of a horse, or the like.* 
 
 If, however, the event on which the payment is to 
 depend must inevitably happen, it is of no importance 
 how long the payment is deferred. Therefore, if a bill 
 be drawn, payable six weeks alter the death of the 
 drawer's father, it is valid and negotiable. 
 
 The date of a bill ought to be clearly expressed, in 
 words. But the date is not essential to the validity 
 of the bill ; for, when the date has been omitted, it will 
 be intended to bear date on the day when it was made. 
 
 The negotiability of a bill depends on the insertion 
 of sufficient operative words of transfer. The modes 
 of making a bill transferable are by making it payable 
 to A or order, or to A or bearer, or to bearer generally. 
 
 VI. CONSIDERATION OP A BILL OR NOTE. 
 
 It is usual to insert the words value received, in a bill 
 or note. Banks do not consider a note negotiable un- 
 less it contains the words value received. 
 
 In the case of negotiable notes, and bills of exchange, 
 the law always presumes them to be founded upon a 
 valid consideration, and no proof of a consideration is 
 required. As between the immediate parties to a bill 
 or note, the consideration may, however, be always 
 inquired into. 
 
 Thus, in an action by the drawer against the accep- 
 tor, or by the payee against the maker, the acceptor or 
 the maker may show that the bill was accepted, or the 
 
 *An agreement in writing, by which the subscriber to it promised to pay 
 another a sum of money on demand, with interest, anil added, ' but no 
 demand is to be made as long as the interest is paid," is not a Note. 
 
 A memorandum at the foot of a Promissory Note, in these words, " I do 
 hereby obligate myself that the above Note shall be paid in three years from 
 the 4th day of June, 1850," made in consideration that ihe payee will delay 
 the payment until two years after the maturity of the note, is an original 
 agreement, and demand and notice is not necessary to charge the signer of 
 the memorandum.
 
 EFFECT OF TAKING A BILL AFTEK IT IS DDE. 17 
 
 note made, without any consideration, and it will be a 
 good defence to the action. 
 
 A want of sufficient consideration may be insisted 
 on in defence to an action on a bill; and when the bill 
 is for accommodation, and the holder has given value 
 only for a part of that amount, he cannot recover on 
 the bill beyond that sum. 
 
 So, in an action by an indorsee against the person 
 indorsing the note to him, that person may show that 
 the note was indorsed to such indorsee without any 
 consideration, and it will be a good defence. 
 
 But where the Jtolder of a bill or note received it 
 innocently, in the course of business, for a valuable 
 consideration, and before it was due, he may collect it 
 of any of the prior parties to the bill or note, notwith- 
 standing it may have been originally issued without 
 any consideration, or fraudulently , or that no consid- 
 eration had passed between the prior indorsers, or that 
 the prior indorsements were illegal, or though it may 
 have come to him from a person who had stolen or robbed 
 it from the true owner. Where, however, it is proved 
 that a note got into circulation fraudulently , the holder 
 will be obliged to show hota he came by it, and that he 
 gave a valuable consideration for it. 
 
 If an indorsee receive a note under circumstances 
 which may reasonably excite suspicion that it was not 
 good, he ought, before he takes it, to inquire into the 
 validity of the note, and if he does not, he takes it 
 subject to any legal defence which might be made 
 against a recovery by the promisee. 
 
 The bill may be void if the consideration given has 
 been made illegal by statute; as for money won at 
 gaming, or for money bet, and in some States, on a 
 usurious contract. But, with respect to gaming, it is 
 held that a bill founded on a gambling transaction is 
 good in the hands of a bona Jide holder ; and a bill or 
 note, though founded upon a usurious contract, does 
 not, in some states, vitiate the same in the hands of a 
 bona fide holder, not knowing the usurious contract. 
 
 VII. EFFECT OF TAKING A BILL AFTER IT IS DUE. 
 
 Where a party takes a note, even for value, after 
 it has been dishonored, or is overdue, he takes it sub- 
 
 TG 2*
 
 18 PRESENTMENT OF BILL 
 
 ject to all the equities which properly attach thereto 
 between the antecedent parties. 
 
 Thus, in an action by the indorsee of a note over- 
 due against the maker, the maker may have the bene- 
 fit of a set-off against the payee, which accrued before 
 notice to him of the transfer. So he may prove pay- 
 ments in part, or in whole, before the indorsement. 
 So he may prove fraud in its inception, or want for a 
 failure of consideration, or that it was given for an ille- 
 gal consideration, &c. 
 
 VIII. PRESENTMENT OP BILL FOR ACCEPTANCE. 
 
 Bills payable at sight, or at so many days after sight, 
 or after demand must be presented to the drawee for 
 acceptance ; otherwise the time of payment would 
 never arrive. But bills payable on demand, or payable 
 at a certain number of days after date, or after any 
 other certain event, need not be presented for accep- 
 tance at all; but only for payment. It is, however, 
 certainly advisable in all cases to endeavor to get the 
 bill accepted. And though the owner is not bound to 
 present the bill payable at a day certain, for acceptance 
 before the day, the agent employed to collect the bill, 
 or to get it accepted and paid, must act with due dili- 
 gence to have the bill accepted as well as paid. 
 
 A bill payable at sight, or so many days after sight, 
 as well as a bill payable on demand, must be present- 
 ed in a reasonable time, or the holder will have to bear 
 the loss proceeding from his default. 
 
 In all cases, where a bill is presented, and accept- 
 ance is refused, it is dishonored, and notice must be 
 given to the drawer and indorsers in order to charge 
 them; and it makes no difference in this respect, 
 whether the bill be payable at sight, or at a day certain. 
 
 IX. PRESENTMENT FOR ACCEPTANCE, BY WHOM, 
 
 WHERE, AND TO WHOM MADE. 
 
 In general, bills should be presented by the holder 
 or his authorized agent. But though the drawee may 
 not be bound to accept a bill presented by a person 
 .not having proper authority to hold the bill, yet if he 
 does accept it, such acceptance will inure to the benefit 
 of the true holder.
 
 FOR ACCEPTANCE. 19 
 
 A bill should be presented for acceptance at the resi- 
 dence or usual place of business of the drawee, with- 
 out regard to the place where it is drawn payable, be- 
 cause the former is supposed to be the place where he 
 is to be found to accept, and the place of payment is 
 not material until after acceptance. If the drawee is 
 not to be found at the place to which the bill is 
 directed, he having never lived there, or having removed 
 from thence, the holder should endeavor to ascertain the 
 actual domicil of the drawee, and present the bill at 
 that place. If the holder is unsuccessful in his inqui- 
 ries, he may protest the bill as dishonored. 
 
 The absence from his home, of the drawee of a bill 
 payable at a time certain after date, when the holder 
 of the bill or his agent calls with it for acceptance, is not 
 a refusal to accept, which requires the holder to give 
 notice to the drawer and indorsers ; although such ab- 
 sence, when the bill is due, is a refusal to pay, and au- 
 thorizes a protest. 
 
 The presentment should be to the drawee himself, 
 or to his authorized agent ; and if he refuse, and the 
 bill has been addressed to another person, then pre- 
 sentment must be made to that person ; otherwise the 
 drawer or indorsers will not be chargeable. If the bill 
 has been addressed to two or more persons not in part- 
 nership, it is said that it must be presented to each. 
 
 If the drawee has left the country, it will be suffi- 
 cient to present the bill at his house, unless he has a 
 knwou agent, when it should be presented to him. If 
 on presentment it appear that the drawee is dead, the 
 holder should inquire after his personal representative, 
 and, if he live within a reasonable distance, should pre- 
 sent the bill to him. 
 
 Presentment should in all cases be made during the 
 usual hours of business; and it should not be made on 
 days set apart by the laws of the country for religious 
 or public purposes. The drawee should accept or re- 
 fuse a bill as soon as it is presented to him ; but if he 
 dfees not determine immediately, it is usual to leave it 
 with him twenty-four hours to consider whether he will 
 accept it or not. But in this the holder may use his 
 own discretion.
 
 
 W OF THE ACCEPTANCE. 
 
 It is not incumbent on the indorser to inform the 
 holder where the maker is to be found. 
 
 X. OP THE ACCEPTANCE. 
 
 The acceptance may be verbal, or it may be written, 
 and it may be general or special. If a bill comes into 
 the hands of a person with verbal acceptance, and he 
 takes it in ignorance of such acceptance, he may avail 
 himself of it afterwards. 
 
 An absolute acceptance is an engagement to pay the 
 bill according to its tenor, which is done by the drawee 
 writing " Accepted" and subscribing his name at the 
 bottom or across the bill. If a bill is made payable 
 after sight, the date of acceptance should appear thus, 
 " Accepted, A. B, April 20, 1850." 
 
 Any acceptance varying the absolute terms of the 
 bill, either in the sum, the time, the place, or the mode 
 of payment, is a special or conditional acceptance, 
 which the holder is not bound to receive ; but if he 
 does receive it, the acceptor is liable only according to 
 the terms of his acceptance. 
 
 The holder, as just stated, is not bound to take a 
 qualified acceptance, but is entitled to have the bill 
 accepted absolutely and unconditionally, as it is drawn. 
 He may, however, at his own risk, take a special ac- 
 ceptance ; but he ought to give immediate notice to 
 all the parties, and if he omits so to do he discharges 
 them ; and it would seem, that if he wished to hold 
 the other parties to the bill, he should have it protested 
 as dishonored, unless they assent to the conditional ac- 
 ceptance. 
 
 A promise to accept a bill not yet drawn, shown to 
 a third person, who, upon the faith of such promise, 
 takes it for a valuable consideration, is in law an ac- 
 ceptance of such bill, when drawn ; provided in the 
 letter in which the promise is made, the bill to be 
 drawn is described in terms not to be mistaken, and 
 so as to distinguish it from all others ; and provided 
 the bill is drawn within a reasonable time after such 
 promise. (2 Gall. 233; 2 Wheat. 66; 1 Story, 22.) 
 
 Any act of the drawee, which demonstrates an in- 
 tention to comply with the request of the drawer, will
 
 NON-ACCEPTANCE. LIABILITY OF ACCEPTOR. 21 
 
 amount to an acceptance. An expression " leave the 
 bill, and I will accept it, or a direction to a third person 
 to pay the bill " written " thereon, is a sufficient accept- 
 ance. A verbal promise that, " if the bill come back, 
 he would pay it," was held a good acceptance. 
 
 An implied acceptance may be inferred from the 
 drawee keeping the bill a great length of time, or any 
 other act which induces the holder not to protest it, or 
 to consider it as accepted. 
 
 XI. NON-ACCEPTANCE WHEN NOTICE IS NECESSARY. 
 
 Where the drawee refuses to accept a bill, the holder 
 should give immediate notice of the fact to the drawer 
 and indorsers, or such of them as he intends to look to 
 for payment. The rules as to the form, time of notice, 
 &c., apply as in the case of notice for non-payment. 
 
 In what cases it is necessary to have the bill protest- 
 ed, will be stated hereafter. 
 
 The drawer of a bill may be immediately sued after 
 notice of non-acceptance. If, however, the bill be 
 presented and accepted, the holder obtains the addi- 
 tional security of the drawee. 
 
 XII. LIABILITY OF ACCEPTOR. 
 
 An absolute acceptance is an engagement by the 
 acceptor to pay according to the tenor of the bill ; and 
 a conditional or partial one, to pay according to the 
 tenor of the acceptance. 
 
 Tlie drawee, by accepting a bill, admits the genuine- 
 ness of the drawer's signature. If, therefore, the 
 drawee accepts a forged bill, or a bill with a larger 
 amount than thatjixed by the real drawer, he will never- 
 the.hss be liable to pay the bona Jide holder, and will 
 have no claim upon the supposed drawer. Every drawee 
 ought therefore to be careful, before accepting, to ascer- 
 tain that the signature of the drawer is genuine, and 
 that there has not been substituted for payment a larger 
 sum than that really required by the drawer. 
 
 But the drawee, by accepting, does not admit the 
 genuineness of the signatures of the indorsers; and the 
 holder, in order to recover of the acceptor, must be
 
 22 ACCEPTANCE FOR HONOR. 
 
 able to prove that the signatures of the indorsers, 
 through whom he claims, are genuine. 
 
 The acceptor of a bill is the principal debtor, and 
 the drawer and indorsers are to be regarded as sure- 
 ties; and nothing will discharge the acceptor, but pay- 
 ment or release. He is bound, though he accepted 
 without consideration, and for the sole accommodation 
 of the drawer. And if he agrees to accept a bill, al- 
 though he has no funds in his hands, and the bill is 
 drawn on the faith thereof, and he afterwards refuses 
 to accept it, or to pay it, he will be liable to the draw- 
 er for the loss and expense, which his refusal may 
 have occasioned him. 
 
 XIII. ACCEPTANCE FOR HONOR. 
 
 A third person, after protest for a non-acceptance by 
 the drawee, may intervene, and become a party to the 
 bill, by accepting and paying the bill, for the honor of 
 the drawer, or of a particular indorser. His acceptance 
 is termed an acceptance supra protest, and he subjects 
 himself to the same obligations as if the bill had been 
 directed to him. 
 
 The mode of acceptance is, for the acceptor person- 
 ally to appear before the notary with witnesses, and 
 make declaration that he accepts said bill in honor of 
 the drawer or indorser, and that he will ratify the same 
 at the appointed time ; and he then subscribes the 
 same thus, "Accepted supra protest, in honor of A. B." 
 
 In order to make the liability of the acceptor supra 
 protest complete and absolute, the bill must be duly 
 presented for payment, at the time it falls due, to the 
 original drawee, notwithstanding; because, between 
 the time of such refusal and the time when the bill 
 would fall due, effects may have reached the drawee, 
 out of which he might, if the bill were presented again, 
 pay the bill ; and if the bill is not paid, it must be du- 
 ly protested for non-payment, and due notice given to 
 the acceptor supra protest. 
 
 The acceptor supra protest has his remedy against 
 the person for whose honor he accepted, and against 
 all the parties who stand prior to that person. If he 
 takes up the bill for the honor of the indorser, he
 
 OF THE INDORSEMENT OF A BILL OB MOTE. 23 
 
 stands in the same position as a bonaf.de indorsee, and 
 has the same remedies to which an indorsee would be 
 entitled against all prior parties. 
 
 The holder of a bill is not obliged to take an accept- 
 ance supra protest. 
 
 XIV. OF THE INDORSEMENT OF A BILL OR NOTE. 
 
 . '-'if 
 
 The payee, or person legally interested in the instru- 
 ment, or his agent, must himself make the first indorse- 
 ment or transfer. A transfer by indorsement vests in 
 the indorsee a right of action against all the parties 
 whose names are on the bill or note, in case of default of 
 acceptance or payment, and against an innocent in- 
 dorsee for value; no prior party can set up the defence 
 of fraud, duress, or want of consideration. 
 
 The indorsement is an implied contract that the in- 
 dorser has a good title, and that the antecedent names 
 are genuine ; that the bill or note shall be duly honor- 
 ed or paid, and if not, that he will, on due protest and 
 notice, take it up. 
 
 If a blank note or check be indorsed, it will bind 
 the indorser to any sum, or time of payment, which the 
 person to whom he indorses the paper may choose to 
 insert in it. 
 
 A bill cannot be indorsed for part of its contents 
 after its acceptance; but ii paid in part, may be in- 
 dorsed as to its residue. 
 
 An indorser may so qualify his indorsement as to 
 free himself from all liability; as if he should add, 
 " at his own risk," or " without recourse ;" in which 
 case, although the prior and subsequent indorsers 
 would be liable, yet he would be free from all liability, 
 by reason of his special indorsement. 
 
 Each endorser becomes liable to all subsequent 
 holders. 
 
 If a person (not the payee) endorses a note when it 
 is made, he will be liable at all events not as endorser, 
 but as guirantor. If he endorse it afterward, (not being 
 a regular endorser), he will be liable if his act be found- 
 ed on any legal consideration, but not otherwise. (4 
 Pick. 335 ; 8 Pick. 122.)
 
 24 PRESENTMENT FOR PAYMENT. 
 
 XV. PRESENTMENT FOR PAYMENT. 
 
 A bill or note must be presented for payment by the 
 holder or his agent on the day it is due, if he wishes 
 to make the indorsers liable. The presentment must 
 be made to the maker or acceptor, at the place appoint- 
 ed for payment, or at his house or residence, or regular 
 known place of business, or to him personally, if no 
 particular place be appointed. 
 
 The insolvency or death of the maker or acceptor, 
 however notorious, will not excuse the neglect to make 
 due presentment. If he be dead, presentment must 
 be made to his personal representative, whether execu- 
 tor or administrator, and if there be neither, then at 
 the house of the deceased. 
 
 Where a note is made payable " at either of the 
 bank*" in a large city, where there is a large number 
 of banks, the holder may present it at any one of the 
 banks which he may select, and it will be a sufficient 
 presentment. It would seem, however, in such case, 
 that the holder ought to give notice to the promiser 
 where his note is. 
 
 Where a note held by a bank is payable at a bank, 
 no formal demand of the maker is necessary in order 
 to charge the indorser. It is sufficient if the maker 
 has no funds there at its maturity with which to pay it. 
 
 Where a note is made payable at a particular place, 
 as at a certain bank, it is sufficient for the holder to 
 present it at the specified place, and if dishonored there, 
 the drawer and indorsers will be liable upon due notice. 
 
 Where no place of payment is specified on the note, 
 the presentment ought to be made to the maker person- 
 ally, or at his dwelling-house, or place of business. 
 
 A presentment, in such case, at the maker's place of 
 business is sufficient, if made in business hours, even 
 if it be shut, and no person left there to answer in- 
 quiries. So a presentment at the residence of the 
 drawee or maker is sufficient, even if he be out of town 
 at the time. But if the maker removes his residence, 
 or plifce of business, between the time the note was 
 made and when it becomes due, the demand must be 
 made at such new place of business or residence, if
 
 PRESENTMENT FOR PAYMENT. 25 
 
 within the same State with the old, provided it be known 
 or can by due diligence be found. 
 
 Where the maker abandons his business and resi- 
 dence, and removes into another State, before the ma- 
 turity of the note, the holder is not bound, in order to 
 charge the indorser, to demand payment of the maker 
 in the State to which he has removed ; but he is bound 
 to demand payment at the maker's last residence or 
 place of business, within the State where he made the 
 note, if he can find it by the use of due diligence. 
 
 Where a note is dated, and delivered in one State, 
 and the maker actually resides in another, it would 
 seem to be sufficient for the holder to demand payment 
 at the place where it is dated, if he cannot find the 
 maker, upon reasonable inquiry, within the State, and 
 he has no known place of business there. 
 
 If the drawer has never resided at the specified place 
 of address, or has absconded, the holder is excused 
 from making further inquiries, after using due diligence 
 at that place. But if he has merely removed the hold- 
 er must endeavor to present the note, at the place 
 where he resides. 
 
 If the holder of a note makes diligent, though un 
 successful inquiries, to ascertain the maker's residence, 
 at the time the note falls due, it is sufficient, and will 
 be as effectual as an actual presentment. 
 
 The absence of the maker of a note on a voyage at 
 sea, if his family still reside in the State, will not ex- 
 cuse a demand of payment, because it may happen that 
 he has left with his family means to pay the note. Pay 
 ment may therefore be demanded of his wife or agent 
 
 It is sufficient to constitute a demand and refusal to 
 pay a note, that the maker, on the day it becomes due, 
 calls on the holder at his store, where the note is, and 
 informs him that he cannot and shall not pay it, and de- 
 sires him to give notice to the indorser, though the 
 note is not produced. 
 
 But where a note, made payable at a bank, is not 
 at the bank when it falls due, and no demand is then 
 made on the maker, the indorsee cannot charge the 
 indorser, by giving him seasonable notice of non-pay- 
 
 TG 3
 
 26 WHAT WILL EXCUSE NON-PRESENTMENT. 
 
 merit, although the maker had previously told the in- 
 dorsee that it would be useless to send the note to the 
 bank, because he could not pay it. 
 
 The holder must have the note in his possession, 
 ready to be delivered up, when the presentment for 
 payment is made.* 
 
 XVI. WHAT WILL EXCUSE NON-PRESENTMENT. 
 
 We have seen that where the holder uses due dili- 
 gence to ascertain the residence of drawee or maker, 
 and is unsuccessful, it is as effectual as an actual pre- 
 sentment. 
 
 So where a note is made for the accommodation of 
 a particular indorser, the non-presentment of the note 
 to the maker for payment, will not discharge such in- 
 dorser from liability, as he is in fact the real party ow- 
 ing on the note ; but as regards all other indorsers to 
 the note, due presentment must be made. 
 
 So an indorser may waive his right to have the note 
 presented at its maturity, and in case of non-payment, 
 to have proper notice of the fact. The usual words, 
 where an indorser waives his right in this respect, are 
 "waiving demand and notice" But an agreement to 
 waive notice, will not excuse the party from making 
 a due presentment for payment ; and care should always 
 be taken in such cases, to use language that clearly 
 imports a waiver of these rights, as courts construe 
 such language strictly. Of course, the fact that one 
 indorser has waived his right to demand and notice, 
 does not affect the rights of the other indorsers. 
 
 It is not necessary that the waiver should be in writ- 
 ing, and if it clearly appears from all the circumstances 
 that the indorser intended to waive notice, or demand, 
 or both, he will not be entitled to them. Thus, where 
 the indorsee, who lived in New York, observed to the 
 indorser, when he received the note, that he had no 
 confidence in the other parties to the note, and did not 
 know them, and should look wholly to him, and the 
 indorser replied, that he should be in New York when 
 
 * The holder of a note endorsed after it is due, is bound to demand pay- 
 ment of the maker in some reasonable time, or to make some reasonable 
 efforts to do so.
 
 PRESENTMENT FOR PAYMENT OF NOTE ON DEMAND. 27 
 
 the note became due, and would take it up, if it were not 
 paid by any other party to it ; it was held that this was 
 a waiver of a right to notice of the dishonor of the note. 
 
 When the maker of a promissory note has assigned 
 all his property to the indorser for his security against 
 the indorsements, the indorser is considered as waiving 
 a demand on the maker, as well as notice to himself by 
 an indorsee. 
 
 If due demand on the maker be not made, or due 
 notice of non-acceptance or non-payment be not given, 
 yet a subsequent promise to pay, by the party entitled 
 to notice, be he either drawer or indorser, will amount 
 to a waiver of the demand or notice; provided the 
 promise was made unequivocally, and with full knowl- 
 edge of the fact of a want of due diligence on the part 
 of the holder. 
 
 When a draft has been proteiwd for non-acceptance, 
 the holder is not bound to present it at maturity for 
 payment to preserve his recourse. Dec. N. H. 
 
 XVII. PRESENTMENT FOR PAYMENT OF NOTE ON 
 
 DEMAND. 
 
 In the case of indorsed notes, or bills, payable on 
 demand, a presentment for payment should be made 
 within a reasonable time, in order to subject the in- 
 dorser. What is deemed a reasonable time, must, to 
 some extent, be determined by the peculiar circum- 
 stances of the case. 
 
 Where a note was made payable on demand, with 
 interest, and indorsed at the time, it was held to be a 
 reasonable construction of the instrument, that neither 
 the parties to it, nor the indorser, contemplated an im- 
 mediate demand, but all regarded the real time of 
 payment as future, and the indorsement as a continu- 
 ing guarantee. 
 
 In Massachusetts, it is provided by Statute, that a 
 demand must be made at or within sixty days, without 
 grace, from the date of the note, in order to charge an 
 indorser who has notice thereof; a demand made after 
 sixty days discharges the indorser. 
 
 To charge an indorser of a note payable on demand, 
 he must have received notice of non-payment upon the 
 first demand on the maker. (11 Met. 400.)
 
 28 PAYiMENT OF BILL OH NOTE. DAYS OF GRACE. 
 XVIII. PAYMENT OF BILL OR NOTE. 
 
 Payment of a bill or note should be made (o the 
 holder and the real proprietor of the instrument, or to 
 some person authorized by him to receive the money. 
 
 The acceptor of a bill, or maker of a note, should 
 pay it on a demand made, at any time within business 
 hours, on the day it falls due. And, if it be not paid 
 on such demand, the holder may treat it as dishonor- 
 ed ; but the acceptor has the whole of that day within 
 which to make payment. 
 
 When part of the amount of any bill or note is 
 paid, it should always be marked on the note, or the 
 party paying may be liable to pay the amount a second 
 time to a bona-fide indorsee. 
 
 The holder may bring actions against the acceptor, 
 drawer, and all the indorsers, at the same time ; but, 
 though he may obtain judgment in all the actions, yet 
 he can recover but one satisfaction for the value of the 
 note. 
 
 Where a creditor directs his debtor to remit, by 
 post, the money due to him, by a bill of exchange, 
 or note, or where it is the usual way of paying such 
 debt, if the bill or note be lost, the one who remits is 
 not liable. But the letter containing such remittance 
 should be put in the post office by one who can prove 
 specially the delivery of it. 
 
 XIX. DAYS OF GRACE IN THE UNITED STATES. 
 
 In Maine, New Hampshire, Massachusetts, North 
 Carolina, South Carolina, Alabama, Indiana, Louisi- 
 ana, Kentucky and Texas, three days of grace are 
 allowed on all bills of exchange, payable at sight, or at 
 a future day certain, and on all promissory negotiable 
 notes, orders and drafts, payable at a future day certain. 
 But the rule of giving three days' grace on sight drafts 
 is said not to prevail in Vermont, Rhode Island, Con- 
 necticut, New York, New Jersey, Pennsylvania, Del- 
 aware, Maryland, Virginia, Georgia, Mississippi, Mis- 
 souri, Tennessee, Illinois, Michigan, Iowa and Florida. 
 
 No days cf grace are allowed on bills, &c., payable 
 on demand ; and if no time of payment is expressed on 
 the note, it is treated as one payable on demand.
 
 NOTICE TO INDORSEES. 29 
 
 Where days of grace are by law allowed on bills or 
 notes, they are not considered due until the expiration 
 of the days of grace.* It would therefore be equally 
 unseasonable, to demand payment before the expira- 
 tion of the third day of grace, as after the day. The 
 demand must be made on the third day of grace, unless 
 it happens to full on Sunday, or some public day, when 
 the demand should be made on the second day of grace, 
 otherwise the drawee of the bill, and the indorser of 
 the note, are discharged. 
 
 The demand must be made at seasonable hours ; as, 
 within business hours, if made at the maker's place of 
 business ; or within the usual hours for a family to be 
 up, if made at his dwelling-house ; otherwise the de- 
 mand is not good. So a note payable at a bank, must 
 be paid within bank hours. 
 
 XX. NOTICE TO 1NDORSER8. 
 
 It is not sufficient for the holder of a bill or note, to 
 show that he has made a demand, or used due diligence 
 to obtain the money of the drawee or maker ; but he 
 must give seasonable notice to the drawer or indorsers 
 or their authorized agents, that the note or bill has been 
 dishonored, otherwise they will not be liable. 
 
 The holder of a bill or note, therefore, should, im- 
 mediately upon its dishonor, give due notice thereof to 
 all the parties he intends to look to for payment. 
 Any indorser who has received seasonable notice is 
 liable, although no notice be given to the drawer or 
 prior indorsers, as the holder need give notice to no 
 one, excepting such as he wishes to hold liable. The 
 indorser. therefore, on receiving notice of the dishonor 
 of a bill or note, should give immediate notice to the 
 drawer and indorsers to whom he means to resort. A 
 notice, however, from the holder to any other party, 
 will inure to the benefit of every other party, coming 
 between the person giving the notice, and the person 
 to whom it is given. 
 
 * In computing the time a bill or note has to run, the day of its dn'e must 
 always be excluded ; co must the day upon which it falls due, in comput- 
 ing the days of grace, upon the last of which it must be presented. 
 
 TG 3*
 
 30 NOTICE TO INDORSERS. 
 
 The notice must be given by the holder or his au- 
 thorized agent; and notice by a mere stranger will 
 not be sufficient. If the holder is a bankrupt or in- 
 solvent, then notice by his assignee will be sufficient. 
 
 Where the parties to be notified reside in the same 
 town or city with the holder, they must have personal 
 notice of the dishonor of the bill or note, either verbal- 
 ly or in writing ; or a written notice must be left at 
 their dwelling-house or place of business. Either 
 mode is sufficient; but one or the other must be ob- 
 served, unless it is prevented by the act of the party 
 entitled to the notice. 
 
 Where the parties do not live in the same town with 
 the holder, the notice may be sent by mail or by a 
 private hand. It is usual to send by mail, and that 
 perhaps is the better way. Where the holder lives in 
 the same town with a party to be notified, it will not be 
 sufficient to send the notice to the Post Office, unless 
 the holder can prove that the party actually got the 
 notice. It has been thought that in a large city, 
 where there is a penny post established, a notice sent 
 through the Post Office would be sufficient. 
 
 If the holder uses the ordinary mode of conveyance, 
 he is not required to see that the notice is brought 
 home to the party ; and putting the notice by letter 
 into the Post Office is sufficient, though the letter 
 should happen to miscarry. No proof is required of 
 its having been actually received. 
 
 To excuse a want of notice by reason of ignorance 
 of an indorser's residence, such ignorance, and due 
 diligence to discover it, must be shown on the part of 
 the owner of the note as well of the notary and bank.* 
 
 The notice must be given or sent within a reasona- 
 ble time. It is considered a reasonable time to give 
 notice the next day after the note is dishonored. If 
 notice is to be sent by mail, it should be put into the 
 Post Office time enough for the first mail on the day 
 next after that on which it is dishonored. Thus, if the 
 third day of grace be Tuesday, and the note or bill is 
 
 * When the notice slated that the note had been this day presented for 
 payment, and refused, and the notice was without date, held, that the notice 
 was detective.
 
 WHEN IS WANT OF NOTICE EXCUSED. 31 
 
 dishonored, and the drawer or indorser live out of 
 town, the notice may be sent on Tuesday, but it must 
 be put into the Post Office on Wednesday. The same 
 rule, as to the time of notice, applies where the in- 
 dorser and holder live in the same town. 
 
 Each party, successively, into whose hands a dis- 
 honored note may pass, is allowed, it would seem, one 
 entire day, for the purpose of giving notice. If the de- 
 mand be made on Saturday, the notice may be given 
 on Monday. 
 
 Where there is no post, the ordinary mode of con- 
 veyance, such as \\\QJirst ship, or carrier, is sufficient. 
 But there is considerable risk in sending notice by a 
 private hand, where there is a regular post ; for, if 
 the notice arrive later by the former than the latter, 
 the parties may be discharged. Notice to one of sev- 
 eral partners is equivalent to notice to all. 
 
 XXI. WHEN IS WANT OF NOTICE EXCUSED. 
 
 If the drawee refuses to accept, because he has no 
 effects of the drawer in hand, and the drawer had no 
 right to draw, and no right to expect his bill would 
 be paid, protest and notice to the drawer are not ne- 
 cessary. This exception applies only to the drawer, 
 and not to the indorser of a bill drawn without funds ; 
 and it is advisable even, to give due notice to the draw- 
 er, to avoid any mistake ; for if the drawer should 
 suffer any detriment by reason of not having notice, 
 he would probably be discharged. 
 
 If the holder or his agent goes to the place of busi 
 ness or dwelling-house of the person entitled to notice, 
 within seasonable hours, and finds the place shut, and 
 no person there to receive notice, he is not obliged to 
 go a second time, or even to leave a notice. If, howev- 
 er, the party entitled to notice, has changed his resi- 
 dence, notice should be sent to his new residence. 
 
 The holder is also excused for not giving regular 
 notice to an indorser, of whose place of residence he 
 is ignorant, provided he uses reasonable diligence to 
 discover where the indorser may be found. And where
 
 32 FORM OF NOTICE. PROTEST, WHEN NECESSARY. 
 
 he has used reasonable diligence to discover the resi- 
 dence of the indorser, notice given as soon as it is dis- 
 covered is due notice. 
 
 Notice may be waived by an express agreement be- 
 tween the parties, in the same manner as a demand for 
 payment, which see. 
 
 XXII. FORM OF NOTICE.* 
 
 There is no precise form of words necessary to be 
 used in giving notice of the dishonor of a bill or note, 
 but the language used must be such as to convey notice 
 to the party what the bill or note is, that payment has 
 been refused by the maker or acceptor, and that the 
 holder looks to him for the amount. The notice may 
 be given verbally or in writing, and must give infor- 
 mation of the fact, that the note is dishonored by the 
 fault of the maker. 
 
 Thus, a notice given to the indorser of a note, mere- 
 ly stating that the person giving notice holds the note, 
 and that it is due and unpaid, and demanding payment, 
 is not sufficient to charge the indorser ; for it does not 
 inform him that demand has been made of the promisor, 
 and payment refused, or in any other way, by express 
 declaration or reasonable implication, give him infor- 
 mation that the note was in fact dishonored. 
 
 XXIII. PROTEST, WHEN NECESSARY. 
 
 Foreign bills as distinguished from inland bills, are 
 such as are drawn or payable, or, both, abroad, or in a 
 foreign slate. 
 
 *N>w York, Jan. 1. 1851. 
 
 Please to take notice that a promissory note for dollars', made by A. 
 
 B- and indorsed by you, dated , having been duly presented and pay- 
 ment thereof demanded, which was refused, is therefore protested for non- 
 payment, and that the holders look to you for payment thereof. 
 
 C. D., NotaryPublic. 
 
 Boston, Tan. 1, 1851. 
 
 SIR: A promissory note, for & , dated , signed , payable to 
 
 the order ol , at indorsed by , having been protested by me this 
 
 day for non-payment, I hereby notify you that the holder looks to you for 
 payment, interest, cost and damages, payment having been duly demanded 
 and refused. 
 
 Done at the request of the Cashier of the Bank. 
 
 E. F., Notary Public.
 
 PROTEST, WHEN NECESSARY. 33 
 
 A bill drawn in one state and payable in another, is 
 a foreign bill, so as to make the protest admissible in 
 evidence, although all the parties were residents in the 
 state where the bill was drawn. Decision in Mass. 
 
 If the bill be dishonored, the holder should have it 
 immediately protested, and the protest should be made 
 by a notary-public, but if none can be procured, it is 
 said that it may be made by an inhabitant, in presence 
 of two witnesses. (Bay ley, 2.59.) 
 
 With respect to an Inland Bill, or Note, for which 
 the law does not require a protest, it is sufficient, in 
 all cases, to give notice of non-payment, to entitle the 
 holder to claim interest of the drawer. 
 
 By the general law-merchant, no protest is required 
 to be made upon the dishonor of any promissory note ; 
 but it is exclusively confined to foreign bills of exchange. 
 Neither is it a necessary part of the official duty of a 
 notary to give notice to an indorser of the dishonor of 
 a promissory note. But a state law or general usage 
 may overrule the general law merchant in these re- 
 spects. Decision in U. S. C. 
 
 Where a protest is necessary, it is not indispensable 
 that it should be made by a person who is a notary. (i7.) 
 
 The protest ought to be specific, as to the mode in 
 which the notices were given, by stating whether they 
 were verbal or in writing; and if in writing, whether 
 the writing was delivered to the person notified, or de- 
 spatched by some other mode of conveyance, and, if 
 the latter, by what mode, and when sent, and to what 
 place addressed. But if the protest be defective, the 
 necessary facts may be supplied by other proof. Deci- 
 sion in Maine. 
 
 The relation which exists between a notary and the 
 holder of a note, with regard to the protest of the note, 
 and notice to indorsers, is that of principal and agent, 
 and no more strict performance of duty is required of 
 the notary than is indicated by the uniform practice of 
 the place where the note is protested. Decision in 
 New York.
 
 34 LOSS OF BILL OR NOTE. 
 
 A drawer or indorser of a foreign bill of exchange is 
 liable to the expenses of the protest, and to a rate of 
 damage established by law or usage. 
 
 Whether an accommodation note can be protested 
 for non-payment, so as to authorize a charge against 
 the maker and his sureties for notarial fees? At any 
 rate a protest is unnecessary. Decision in Alabama. 
 
 A protest of a promissory note is not absolutely ne- 
 cessary, (I Yeates, 147,) nor of an inland bill of ex- 
 change, (6 Wheat, 146; 8, 326.) 
 
 XXIV. LOSS OP BILL OR NOTE. 
 
 In case of the loss of a bill or note, transferable by 
 mere delivery, any person who has, previous to its be- 
 coming due, given a bonajide consideration for it may 
 enforce payment against the acceptor or other parties, 
 notwithstanding he derived his interest in the instru- 
 ment from the person who found or stole it. And, if 
 a lost or stolen bill or note, transferable by mere deliv- 
 ery, and for which no consideration has been given, be 
 presented to the drawee at the time of its becoming 
 due, and he pay it before he has notice of the loss or 
 robbery, he will not be liable to pay it over again. But 
 when a bill or note transferable only by indorsement, 
 and not indorsed, is lost by the person entitled to in- 
 dorse, no person getting possession of it by a forged 
 indorsement will acquire any interest in it, although 
 he gave a sufficient consideration for it, and was not 
 aware of the forgery. And in such a case, if pay- 
 ment has been obtained by a bona Jide holder from 
 the drawee, such payment will not be protected. 
 
 In case of the loss of a bill, to entitle the holder to 
 recover, he should immediately give notice thereof to 
 the acceptor, and all the antecedent parties; and when 
 the bill is transferable by mere delivery, should also 
 give public notice of the loss: but this will not be 
 available unless notice of the loss be brought home to 
 the knowledge of the party taking the bill. 
 
 If a note or bill of exchange be lost, and the party 
 prove the fact on his oath, he may still recover upon 
 it; but if negotiable he may be required to tender a 
 bond of indemnity both to the maker and indorser
 
 ALTERATION OF A BILL OR NOTE. 35 
 
 against all claims, that may afterwards arise, from such 
 lost instrument. 
 
 In all cases where the law provides no relief for the 
 loss of a bill or note, a court of equity will, on suffi- 
 cient indemnity being given, enforce the payment of it. 
 
 An action may be brought on a lost negotiable note, 
 which had not been negotiated at the time of its loss. 
 
 XXV. ALTERATION OF A BILL OR NOTE. FORGERY. 
 
 It is a general rule of law that, if a bill or note, after 
 it has been once issued, or after the time it was origi- 
 nally payable, be materially altered in any respect, as 
 in the date or sum, or time of payment, ( I Taunt. Rep. 
 430,) all parties, who were not consenting to such 
 alteration, will be absolutely released from their re- 
 sponsibility, although the alteration should have been 
 made by a person not a party to the bill or note. But 
 a bill is capable of alteration before it has passed into 
 a state of negotiation, particularly if the alteration be 
 made for the correction of a mistake, or in furtherance 
 of the original intention of the parties, and that it be 
 made with the acquiescence of the parties. 2 Stark. 45. 
 
 It is not, however, prudent to make any alteration, 
 even of the most trivial character, in a bill or note. 
 
 Forgery. The forgery of bills or notes, or of any 
 part of them, and the passing of them knowing them 
 to be forged, are respectively felonies. 
 
 To misapply a genuine signature, to sign the name 
 of a fictitious non-existing person, or to sign a man's 
 own name with an intention that the signature should 
 pass for the signature of another person of the same 
 name, are as much forgeries as to fraudulently write 
 the name of an existing person. Every fraudulent al- 
 teration amounts to forgery. 
 
 If money be paid under a mistake as to facts, it may 
 be had back. If, therefore, a forged note be discount- 
 ed, the person discounting, on discovery of the forgery, 
 may recover the money. But he cannot recover if 
 there have been any fault or negligence on his part. 
 So, if the drawer of a bill, by any act of his, facilitated 
 or gave occasion to the forgery, he must bear the loss 
 himself, but not if otherwise.
 
 36 BANKS AS AGENTS. HOLDERS OF CHECKS. 
 XXVI. LIABILITIES OF BANKS AS AGENTS. 
 
 A bank receiving for collection a bill of exchange 
 drawn here upon a person in another State, is liable 
 for any neglect of duty in its collection, arising from 
 its own officers, correspondents or agents. New York 
 Decisions, 2 Wend. 215. 
 
 A bank that receives from another bank, for collec- 
 tion, a note endorsed by the cashier of that bank, is 
 bound to present it to the maker for payment, at matu- 
 rity, and if not paid, to give notice to the bank from 
 which the note is received, is not bound, unless by 
 special agreement, to give notice to the other parties 
 to the note. Mass. Decisions. 
 
 LIABILITIES OF HOLDERS OF CHECKS. 
 
 Checks, or Drafts, are orders addressed to the cash- 
 ier of a bank, or a banker, directing him to pay the sum 
 specified in the check to the person named in it, or 
 bearer [or order] on demand. 
 
 In point of form, a check nearly resembles a bill of 
 exchange, except that it is generally payable to bearer, 
 and should be drawn upon a bank, or regular banker ; 
 though this latter point is not essential. When payable 
 to bearer, it is assignable by delivery only ; and is pay- 
 able instantly on presentment, without any days of 
 grace being allowed. But when payable to order, it 
 must be indorsed before it can be collected. 
 
 No. TRADERS BANK. 
 5150. B , Jan. 6, 1851. 
 
 Pay to JOHN WILLIAMS, or bearer, one hundred and fifty dollars. 
 To the Cashier. WILLIAM BROKER. 
 
 It is difficult to define what is the due or reasonable 
 time within which checks should be presented. A 
 man is not obliged to neglect all other business, that 
 he may immediately present one : nevertheless it is the 
 safest plan to present it without any avoidable delay ; 
 and if received in the place where payable, it had 
 better be presented that day, or next at furthest. 
 
 Payment for a check before due is contrary to the 
 usual course of business ; and, therefore, when a banker 
 paid a check a day before it bore date, which had been 
 lost, he was liable to repay the amount to the loser.
 
 DAMAGES ON PROTESTED BILLS OF EXCHANGE. 37 
 
 A creditor is not bound to take a check on a bank, 
 transmitted to him as payment of his debt, and he may 
 commence an action for the debt while the check is 
 yet in his hands. 
 
 A check on a bank payable at a future day, is not a 
 bill of exchange, and requires no notice of dishonor. 
 
 DAMAGES ON PROTESTED BILLS OF 
 EXCHANGE. 
 
 (As regulated by the latest Statutes of the different States.) 
 
 Maine. Payable out of the state, and in New Hamp- 
 shire, Vermont, Massachusetts, Rhode Island, Con- 
 necticut, or New York, 3 per cent ; in New Jersey, 
 Pennsylvania, Delaware, Maryland,Virginia, District of 
 Columbia, South Carolina or Georgia, 6 per cent ; and 
 at the rate of 9 per cent if payable in any other state ; 
 and within the state, at not less than 75 miles distant, 
 in sums of $100 and over, 1 per cent. Payable out of 
 the United States, 10 per cent. 
 
 New Hampshire and Vermont. In these states there 
 are no statute provisions on the subject. The usual 
 practice has been to charge the rate of damages exist- 
 ing at the point where the bill was payable. 
 
 Massachusetts. Payable out of the United States, 
 except beyond the Cape of Good Hope, 5 per cent ; 
 in Africa or Asia, beyond the Cape, 20 per cent; in 
 Maine, New Hampshire, Vermont, Rhode Island, Con- 
 necticut and New York, 2 per cent ; in New Jersey, 
 Pennsylvania, Delaware and Maryland, 3 per cent ; in 
 Virginia, District of Columbia, Georgia, and North 
 and South Carolina, 4 per cent ; elsewhere in the United 
 States or Territories, 5 per cent., with interest and 
 costs. Within the state, not less than 75 miles distant,, 
 in sums not less than 100, one per cent, and interest. 
 
 Rhode Island. Payable without the United States,. 
 10 per cent; damage, charges of protest, and inter- 
 est ; within the United States, and out of Rhode Isl- 
 and, 5 per cent. 
 
 Connecticut. Payable in the City of New York, 2 
 per cent ; in New Hampshire, Maine, Vermont, Mas- 
 TO 4
 
 38 DAMAGES ON PROTESTED BILLS OF EXCHANGE. 
 
 sachusetts, Rhode Island, New York (out of the city,) 
 New Jersey, Pennsylvania, Delaware, Maryland, Vir- 
 gnia, or District of Columbia, 3 per cent.; in North 
 Carolina, South Carolina, Georgia or Ohio, 5 per cent ; 
 in any other State or Territory, 8 per cent. 
 
 New York. Payable in Maine, New Hampshire, 
 Vermont, Massachusetts, Rhode Island, Connecticut, 
 New Jersey, Pennsylvania, Ohio, Delaware, Maryland, 
 Virginia or District of Columbia, 3 per cent; in North 
 Carolina, South Carolina, Georgia, Kentucky or Ten- 
 nessee, 5 per cent; at any other place in the United 
 States, or on this Continent North of the Equator, or 
 the West Indies, or elsewhere in the West Atlantic 
 Ocean, 10 per cent; in Europe, 10 per cent. 
 
 New Jersey. [There are no statute regulations on 
 this subject in this state.] 
 
 Pennsylvania. Payable out of this state in the 
 United States and Territories, 5 per cent, excepting 
 the Californias, Oregon, and New Mexico, which is 
 10 per cent. ; West Coast of South America, 15 per 
 cent. ; China, India, or other parts of Asia, Africa, or 
 Islands in the Pacific ocean, 20 per cent ; Mexico, 
 Spanish Main, West Indies, or other Atlantic Islands, 
 East Coast of South America, Europe, and all other 
 parts of the world 10 per cent. 
 
 Delaware. Payable at any place within the United 
 States, out of Delaware, 5 per cent ; at any place in 
 any foreign country, 20 per cent., with costs, difference 
 of exchange, and legal interest until paid. 
 
 Maryland. Payable without the state, and at any 
 place in the United States or Territories thereof, 8 per 
 cent; in any foreign country, 15 per cent , and interest. 
 
 Virginia. Payable out of the state, at any place 
 within the United States, or Territories, 3 per cent; 
 in any foreign country, 10 per cent. 
 
 North Carolina. Payable in any of the United 
 States, except Louisiana, 3 per cent ; at any other place 
 in North America, on the North West Coast, in the 
 West Indies or Bahama Islands, 10 per cent; in Ma- 
 deira, the Canaries, the Azores, Cape de Verds, or 
 other place in Europe or South America, 15 per cent ; 
 in any other part of the world, 20 per cent.
 
 DAMAGES ON PROTESTED BILLS OF EXCHANGE. 39 
 
 South Carolina. Payable within the United States 
 at any place out of South Carolina, 10 per cent ; in 
 any other part of North America, or the West India 
 Islands, I2 per cent; in any other part of the world, 
 15 per cent 
 
 Georgia. Payable within the United States or Ter- 
 ritories out of Georgia, 5 per cent ; at any place without 
 the United States, 10 per cent, with legal interest. 
 
 Alabama. Payable out of the state, and at any place 
 within the United States, 15 per cent, and interest; 
 in any place beyond the United States, 20 per cent; 
 payable in the state, and in New Orleans, 5 per cent. 
 
 Florida. On foreign protested bills, 5 per cent. 
 
 Mississippi. Payable at any place out of the state, 
 within the United States, 5 per cent; out of the United 
 States, 10 per cent, with charges and interest 
 
 Louisiana. Payable at any place out of the state, 
 within the United States or Territories, 5 per cent; at 
 any place without the United States, 10 per cent. 
 
 Tennessee. Payable without the state at any place 
 within the United States, 3 per cent ; in any other 
 place in North America, bordering on the Gulf of 
 Mexico, or in the West India Islands, 15 per cent; in 
 other parts of the world, 20 per cent. 
 
 Kentucky. On foreign bills, 10 per cent damages 
 are allowed, if demanded within 18 months. On inland 
 bills, damages are governed by the law of the place. 
 
 Ohio. Payable at any place without the United 
 States, 12 per cent ; within the United States at any 
 place out of Ohio, 6 per cent 
 
 Indiana. Payable at any place without the United 
 States, 10 per cent ; at any place within the United 
 States out of Indiana, 5 per cent. 
 
 Illinois. Payable at any place without the United 
 States, 10 per cent; at any place within the United 
 States, and out of Illinois, 5 per cent. 
 
 Missouri. Payable at any place within the state, 4 
 per cent ; out of the state, and within the United States, 
 10 per cent; at any place out of the United States or 
 Territories, 20 per cent To entitle a party to dam- 
 ages on a bill drawn or negotiated within this state, 
 the bill should express "for value received"
 
 40 USURY. 
 
 Michigan. Payable within the states of Wisconsin, 
 Indiana, Illinois, Pennsylvania, Ohio, or New York, 3 
 per cent; if within the states of Missouri, Kentucky, 
 Maine, New Hampshire, Vermont, Massachusetts, 
 Rhode Island, Connecticut, New Jersey, Delaware, 
 Maryland, Virginia or the District of Columbia, 5 per 
 -cent; at any other place within the United States, 10 
 per cent ; if without the U. S. the current rate of ex- 
 change at the time of demand, with 5 per cent, damages. 
 
 Arkansas. Payable at any place within the state, 2 
 per cent; in Alabama, Louisiana, Mississippi, Tennes- 
 see, Kentucky, Ohio, Indiana, Illinois, Missouri, or at 
 any point on the Ohio river, 4 per cent ; in any other 
 place in the United States, 5 per cent; at any place 
 out of the United States, 10 per cent, together with 
 costs and interest at the rate of 10 per cent, from the 
 date of the protest. 
 
 Wisconsin. Payable at any place without the United 
 States, 20 per cent ; out of the state, but adjoining 
 the same within the United States, 5 per cent ; in the 
 -United States not adjoining this state is 10 per cent. 
 
 Iowa. 5 per cent, with interest and charges on all 
 tills payable out of the state. 
 
 California. Payable within the U. S. east of the 
 Rocky mountains, 15 per cent. ; in Europe, or any 
 foreign country, 20 per cent. 
 
 Canadas. Payable in Europe or the West Indies, 
 10 per cent damages, with six per cent interest; in 
 North America, except the West Indies, 4 per cent 
 damages, with six per cent interest. 
 
 District of Columbia. [Similar rates to those es- 
 tablished in Maryland.] 
 
 USURY. 
 
 LAWS against usury prevail in all the States, except 
 Texas and Iowa, and subject the offender to differ- 
 ent penalties. In New Hampshire and Massachusetts 
 the penalty for taking usurious interest is three times 
 the amount of interest paid ; in NevvYork, Pennsylvania, 
 Delaware, forfeit of the debt, and in some states forfeit 
 of the interest paid, and in others twice and three times 
 the amount of the debt
 
 USURY. 41 
 
 Nothing is legally usurious but what the statutes 
 piohibit; a usurious contract, therefore, must be so by 
 express words, or merely an evasion to avoid the stat- 
 utes. Therefore a bargain for an annuity, though un- 
 der its value, is not usurious ; yet, if the price be man- 
 ifestly greatly under value, equity would hardly permit 
 the taking of excessive interest. 
 
 But, as the statutes of usury are founded upon prin- 
 ciples of public policy, it is not consistent with that 
 policy, that those who make profit on money, with 
 comparatively little hazard, should have the same, profit 
 as those who employ it in hazardous undertakings ; 
 and a reasonable commission, beyond legal interest, 
 for extra incidental charges, as upon agency for re- 
 mittance of bills, is not held to be usurious. 
 
 But where there is a borrowing and lending of mon- 
 ey, and an agreement for interest, any device to have 
 more than legal interest is usurious. 
 
 In a question of usury, the intention of the parties 
 gives character to the transaction, and no matter what 
 the form, when the real truth and substance is a loan 
 of money at usurious interest, no shift or device can 
 take it out of the law against usury. 
 
 Every case of usury must depend on its own circum- 
 stances ; and the intention of the parties, when it can 
 be come at, and not the words used, must govern. 
 
 Though the parties to a usurious transaction may 
 reform it by cancelling the original security, and mak- 
 ing a new obligation for the amount due after deduct- 
 ing the usury, they cannot, by any transaction between 
 them, render valid such original security. Dec. inN. Y. 
 
 Accordingly, where the holder of a usurious mort- 
 gage indorsed thereon an amount equal to the sum 
 included in it for usury, it was held that the mortgage 
 was nevertheless void, though the indorsement was 
 made with the assent of the mortgagor. ibid. 
 
 A bonus of ninety dollars was paid on a loan of three 
 thousand, and a note given for the amount, with inter- 
 est payable semi-annually. Jury found that the con- 
 tract was usurious, and that the forfeiture was eight 
 hundred and ten dollars, being three-fold the amount 
 of the bonus and interest for one year. Mass. Dec. 
 
 TO 4*
 
 42 CONTRACTS AND AGREEMENTS. 
 
 LAW OF CONTRACTS. 
 
 I. DEFINITION OP A CONTRACT. 
 
 Mr. COMYN defines a contract an agreement or mu- 
 tual bargain between two contracting parties entered 
 into either verbally, that is by word of mouth only, or 
 in writing. When reduced into writing, it is either 
 subscribed with the hands and seals of both the con- 
 tracting parties, or merely with one or both their sig- 
 natures. Such contracts as are reduced into writing, 
 under hand and seal, are technically called deeds or 
 specialties ; and those which are merely by parol, or in 
 writing not under seal, are denominated simple con- 
 tracts. A written agreement, not under seal, is consid- 
 ered as much a simple or parol contract as an agreement 
 by mere word of mouth. 
 
 The contracts mostly in use in commercial affairs 
 are simple or parol contracts. 
 
 The chief legal distinctions between simple contracts 
 and contracts by specialty, or deed, it will be proper 
 to explain. 
 
 1. In support of an action on simple contract, the 
 creditor must prove it was founded on a sufficient con- 
 sideration, but in a proceeding on a contract by deed, 
 the want of consideration forms no defence to an ac- 
 tion. 2. A deed is not affected by the Statute of 
 Limitations (like an instrument not under seal.) 3. The 
 obligation of a deed can only be avoided by a release 
 under seal, and not by parol. 4. And, lastly, as a spe- 
 cial contract is considered a more deliberate and sol- 
 emn engagement than by parol, the party bound thereby 
 is not allowed to plead against any stipulation it con- 
 tains, that it was executed with a different intent to 
 what the terms of the deed itself import. 
 
 Who are capable of entering into a Contract. 
 
 Any person capable of binding himself by contract, 
 is capable of entering into an agreement. 
 
 A person Non-compos cannot enter into an agreement. 
 Contracts made during a state of drunkenness are void- 
 able, upon the ground, that it is a state of temporary
 
 OF SIMPLE CONTRACTS. 43 
 
 idiocy or lunacy. By the common law Minors cannot 
 contract, except for necessaries, such as food, clothing, 
 medicine and education ; and in judging of what are 
 necessaries, the comparative age and position of the 
 party will be considered. If one lend money to a 
 minor, it would seem that the borrower would not be 
 bound, though he lay it out on necessaries, as the ne- 
 cessity is judged of from the nature of the contract, not 
 from what the minor may do in consequence of it. A 
 Wife., during intermarriage, is incapable, without her 
 husband's consent, of acting on an agreement ; except 
 with respect to such real and personal property as is 
 secured to her by deeds of trust. No sum exceeding 
 one dollar can be recovered of a Seaman in the mer- 
 chant service, for a debt contracted during the time he 
 shall actually belong to any ship or vessel, until the 
 voyage be ended. 
 
 SIMPLE CONTRACTS. 
 
 He who parts with his money, property, or money's 
 worth, whether by way of sale, loan, or hire, to another, 
 or gives his labor, or executes work, or does or per- 
 forms any services for another on the faith of a promise, 
 either express or implied, of payment or remuneration, 
 ought to take care to be in a position to prove, not only 
 the promise, if express, but the consideration upon 
 which such promise was founded. 
 
 Thus he ought to be able to prove the actual loan 
 and delivery of money lent, or payment, if paid to or 
 for another, and at his request, the delivery of goods 
 or property sold or hired, or the work, labor, or ser- 
 vices, performed ; and that by a witness totally uninter- 
 ested in the subject matter of loan, payment, sale, hire, 
 or service, and not incapacitated from giving evidence 
 on his behalf. 
 
 A wife at all times and under all circumstances is 
 incapable of being a witness on behalf of her husband, 
 except in certain cases where she acts as his agent. 
 
 One partner cannot be a witness for his copartner, 
 if the subject matter in litigation be co-partnership 
 property ; or if the partner has any interest in it.
 
 44 WRITTEN CONTRACTS. 
 
 And indeed any one who has an interest in the mat- 
 ter litigating, is generally an incompetent person to give 
 evidence respecting it. 
 
 In all actions for the amount or price of goods, or 
 other personal property sold, the following may be con- 
 sidered as necessary to be established on the part of 
 him who seeks to establish the debt. The order or 
 agreement to purchase of the party from whom pay- 
 ment is bought, or the order or agreement to purchase 
 on his behalf by some other person legally authorized 
 by him to give such order or make such purchase, and 
 the time or date of such order or agreement ; the price 
 or amount agreed on, and promised to be paid ; the 
 time agreed on for payment, if at a period subsequent 
 to the delivery of the goods or other property to the 
 purchaser, as his lawfully authorized attorney or agent, 
 or to another person, by the order of such purchaser 
 or agent, and the value of the goods or other property 
 sold and delivered. 
 
 Where the subject of the contract is work or labor 
 performed, or services rendered, the points necessary 
 to be established are, the hiring or engaging, the sum, 
 or amount of wages or salary at which hired, the per- 
 formance of the work or services contracted for ; and 
 that in a proper and workmanlike, or due and faithful 
 manner, and within the time specified, if time has been 
 made a part of the contract ; and the value of the work, 
 labor, or services done or performed, in case of failing 
 to establish a sum agreed on for it. 
 
 III. OF WRITTEN CONTRACTS. 
 
 One of the chief regulations for the government of 
 trading transactions is that contained in the Statute of 
 Frauds, so called, which, originally enacted in Eng- 
 land, has been substantially copied into almost all the 
 States of the Union. It provides, that " No contract for 
 the sale of goods, wares, and merchandize, for the price 
 often pounds* sterling, or upwards, shall be allowed to 
 be good, except the buyer shall accept of part of the goods 
 so sold, and actually receive the same, or give something 
 
 * In Maine and Missouri it is $30.00 ; New Hampshire 33 ; Connecticut 35; 
 Vermont 40 ; Massachusetts, Wisconsin and New York 50.
 
 WRITTEN CONTRACTS. 
 
 45 
 
 in earnest to bind the bargain, or in part payment ; or 
 that some note or memorandum in writing of the said 
 bargain be made and signed by the par lies to be charged, 
 or their agents thereunto lawfully authorized," 
 
 It is not necessary, however, that the memorandum 
 should be signed by both parties. It is sufficient if the 
 name of the party charged appear thereupon ; and he 
 will be bound, not only when it is signed by him, but 
 whenever his name is written or printed within the 
 body thereof, by his own order, or with his consent. 
 
 The Statute also provides that no action shall be 
 brought in the following cases: 
 
 first, to charge any executor or administrator, upon 
 any special promise to answer damages out of his own 
 estate, or, 
 
 Secondly, to charge any person, upon any special 
 promise to answer for the debt, default, or misdoings 
 of another : or 
 
 Thirdly, to charge any person, upon any agreement 
 made upon consideration of marriage : or 
 
 Fourthly, upon any contract for the sale of lands, 
 tenements, or hereditaments, or any interest in or 
 concerning them : or 
 
 Fifthly, upon any agreement that is not to be per- 
 formed within one year from the making thereof; un- 
 less the promise, contract or agreement, upon which 
 such action shall be brought, or some memorandum or 
 note thereof, shall be in writing, and signed by the 
 party to be charged therewith, or by some person by 
 him lawfully authorized. 
 
 In Maine, Massachusetts, and Vermont, no person is 
 liable by reason of any representation, recommendation, 
 or assurance, made concerning the character, conduct, 
 credit, ability, trade or dealings of any other person, 
 unless such representation or assurance be made in wri- 
 ting, and signed by the party to be charged thereby.
 
 46 WRITTEN CONTRACTS. 
 
 The advantages of reducing all contracts and agree- 
 ments into writing must be evident to every thinking 
 mind, and that from a principle which all acknowledge, 
 and to a certain extent, act up to that of reducing 
 everything, as far as practicable, to certainty. If a 
 contract is reduced to writing, a denial of it becomes 
 impossible, from even the most unprincipled ; and 
 forgetfulness of it, by one side, immaterial; since the 
 proof of its having been entered into is in the possession 
 or power of the other side ; and any disagreement as to 
 its nature, terms or conditions, will be less liable to 
 arise than if left to unassisted memory. 
 
 And it should be matter of peculiar attention, in a 
 written contract, that all particulars and material cir- 
 cumstances connected with it are embodied in it. With 
 a view to certainty it should ever be borne in mind 
 that, where parties themselves make and fix their own 
 terms, it is to be and is presumed that they, knowing 
 their own intentions and engagements, will provide for, 
 express, and settle them ; and therefore where a con- 
 tract, the terms of which have been expressly fixed by 
 the parties, is brought before a court of law, if it should 
 turn out that one of the parties to it had omitted to 
 cause a clause to be inserted, providing for a contin- 
 gency which has subsequently happened, he will be 
 without a remedy ; the court not rectifying the errors 
 or supplying the omission of the parties, but giving 
 effect to the contract as it actually and really subsists. 
 
 If the terms of a written contract are ambiguous, 
 they may be explained verbally ; but no evidence to 
 contradict what is written, by showing that the parties at 
 the time intended something different, can be offered, 
 unless there has been fraud. 
 
 It is not necessary that the terms and conditions of 
 a contract, when in writing, should all be specified in 
 the same document ; they may be contained in several 
 papers, such as letters, from which the whole terms 
 may be collected ; it must, however, be clear that there 
 is a distinct agreement between the parties that 
 there has been a proposal on one side, and an accept- 
 ance of such proposal on the other.
 
 WRITTEN CONTRACTS. 47 
 
 1st. Contracts must be founded on some consideration. 
 
 All contracts are void unless founded on some con- 
 sideration. A valid and sufficient consideration or 
 recompense for making, or motive or inducement to 
 make the promise upon which a party is charged, is of 
 the very essence of a contract not under seal, and must 
 exist, although the contract be reduced into writing ; 
 otherwise the promise is void, and no action can be 
 maintained thereon. 
 
 All promises, therefore, which are wholly gratuitous, 
 are void for want of consideration. To make a promise 
 binding, the party making the promise must have ob- 
 tained some advantage, or the party to whom it is made 
 must have suffered some loss or sustained some injury 
 and inconvenience, in consequence of the one party 
 making and the other accepting the promise. 
 
 It is not, however, necessary, in order to constitute 
 a sufficient consideration, that a benefit should accrue 
 to the person making the promise ; it is sufficient that 
 something valuable flows from the person to whom it is 
 made, and that the promise is the inducement to the 
 transaction. Thus, where a benefit is done to a third 
 person, at the request of the promiser, it is sufficient to 
 support the promise. 
 
 Inadequacy of consideration will not render a prom- 
 ise of no force ; for if a contract is deliberately made, 
 without fraud, and with a full knowledge of all the cir- 
 cumstances, the least consideration will be sufficient. 
 2rf. Promise to pay the Debt of another, when Binding. 
 
 It has been seen, that a promise to pay the debt of 
 a third person must be in writing, or it is of no force. 
 
 It is not necessary, however, that the promise should 
 be in writing, if the party sought to be charged has 
 acted and been treated as the principal debtor, and not 
 merely as surety for the debt of a third person. 
 
 Thus, the sale may be to one man, although the 
 goods are to be delivered to another, and a person may 
 promise as the real debtor, and not in the character of 
 a surety, to pay for goods supplied to or for work done 
 at his request, or by his directions for a third party ; 
 and if he has been treated by the person who furnished
 
 48 WRITTEN CONTRACTS. 
 
 the goods or did the work, as the party liable, and 
 credit has been given to him, his promise or under- 
 taking to pay is not a collateral promise to answer for 
 the debt of another. 
 
 In order to determine whether the party giving the 
 undertaking or making the promise of payment is pri- 
 marily or collaterally liable, the attending circum- 
 stances and the situation of the parties must be re- 
 garded, as well as the exact expressions used. If the 
 seller has made the party to whom the goods have been 
 furnished his debtor, if he describes him as such in his 
 books, or in letters, he can only treat the other as a 
 surety, and his promise to be binding must be in writ- 
 ing. " I always," said an eminent judge, " require 
 the tradesman to produce his books to see to whom 
 . credit has been given." (2 C. & M. 430.) 
 
 A promise to pay the debt of a third person must 
 not only be in writing, but it must be for a valuable 
 consideration. The following examples will explain 
 what is requisite to make such a promise valid : 
 
 As my brother owes you $28 for boots and shoes, I will pay you that 
 sum for him on the 1st of next month. 
 
 THOS. NOAKES. 
 To Mr. Jones. 1st Jan., 1850. 
 
 This written undertaking is not binding, because it 
 is for the debt of another person, which is already in- 
 curred, and there is no new consideration to support it. 
 Had it been thus worded : 
 
 In consideration of your undertaking not to arrest my brother, (who is 
 about to leave the slate,) for the debt of $28 which he owes you for boots 
 and shoes, I hereby undertake to pay the amount on the 1st of next month. 
 
 THOS. NOAKES. 
 
 To Mr. Jones. 1st Jan., 1850. 
 
 it would have been valid ; because the consideration 
 for it was the forbearing to arrest the brother. So a 
 promise thus worded : 
 
 To Messrs. A. & B. Gentlemen, I hereby undertake to pay for any 
 goods which you may deliver to Mr. S." 
 
 would be valid; as it is evident that A. & B. delivered 
 the goods to S. on the above undertaking ; and it is 
 the undertaking which is the consideration for the de- 
 livery of the goods. 
 
 Anything, however trifling, done by one party for 
 the benefit of the other, will be a legal consideration.
 
 VERBAL CONTRACTS. 49 
 
 IV. OF VERBAL CONTRACTS. 
 
 These are either express or implied. 
 
 By express contracts are meant those wherein noth- 
 ing is left to be implied or supposed, but the terms of 
 which are fixed and expressed by the parties to such 
 contracts, being created by the words of such parties. 
 
 As if A undertakes to perform a certain act, as to 
 build a house for a given sum, this is an express con- 
 tract. 
 
 By implied contracts are meant such wherein the 
 terms thereof really exist, though no expression of as- 
 sent thereto, or adoption thereof, has been given by 
 the contracting parties ; it being supposed by the law, 
 to have been their meaning and intention to make 
 those terms ; and, therefore, the law implies such. For 
 example 
 
 If A employs B to build a house, for which B is to 
 be paid a fair and reasonable sum, it is not sufficient 
 that B performs his part of the contract by running up, 
 in an improper and unworkmanlike manner the four 
 walls, and other necessary parts of the building; in the 
 absence of all agreement on the subject, there is an 
 implied contract on his part to build such house in a 
 proper and workmanlike manner. This is an implied 
 contract. Again, on the indorsement of a bill of ex- 
 change, it is implied that, if the drawer or acceptor do 
 not pay the amount of it to him to whom it is indorsed, 
 the indorser will pay it on having due notice of its non- 
 payment. 
 
 Proof of a verbal agreement will be admitted both in 
 law and equity to control a written agreement, when 
 the detection of fraud renders such proof necessary, 
 but not otherwise. 
 
 A sealed contract may be waived by a new verbal 
 agreement. Where a plaintiff, by an instrument un- 
 der seal, agreed to erect a building at a fixed price, 
 which was not an adequate compensation, and after 
 part fulfilment, refused to proceed, and the defendant, 
 as an inducement, told him that he should be paid for 
 
 TG 5
 
 60 EXPRESS CONTRACTS. 
 
 his labor and materials, and should not sufter, and 
 he went on and finished the building, it was held that 
 he was entitled to recover in assumpsit upon the parole 
 promise. (9 Pick. 298.) 
 
 V. OF EXPRESS CONTRACTS. 
 
 Where there is an express contract no different con- 
 tract can be implied ; the courts of law dealing with 
 an express contract in the same manner as if it had 
 been reduced to writing, with this difference, that every 
 verbal contract is open to objection, and to be opposed 
 by parol evidence, that is, evidence by word of mouth. 
 A verbal contract stated by one party to have been 
 made in certain precise terms may be denied by the 
 other side to have been so made, and though truth may 
 ultimately prevail, (we say " may" for it is not possible 
 always to arrive at the truth ; and if the truth cannot 
 be arrived at, and some decision must be come to, that 
 decision will be made according to what is proved, and 
 that will be taken to be the truth, though possibly it 
 may not be,) yet there is a possibility of difficulty and 
 doubt in all verbal contracts; and, therefore, they can- 
 not, even though express, be reduced to the same 
 certainty as written contracts. 
 
 It may be laid down, that every contract or engage- 
 ment entered into between two or more parlies, in 
 which they themselves provide for and fix, though 
 verbally, the terms and conditions of the contract or 
 engagement, without leaving any part of it to implica- 
 tion, or to be supplied by presumption of law, may be 
 called express. 
 
 And some contracts, though express, may involve, in 
 addition to the express contract, an implied one; but 
 such implied contract cannot be different, or contrary 
 to, or inconsistent with, the express contract. For 
 example : 
 
 In the instance before stated of a builder engaging 
 to build a house for a given sum ; this is an express 
 contract, and this farther implied contract is involved 
 therein, though not expressed (if the consideration be 
 fair and reasonable), that he shall do the work in a 
 proper and workmanlike manner.
 
 IMPLIED CONTRACTS. 51 
 
 VI. OF IMPLIED CONTRACTS. 
 
 Implied contracts are those which arise, not from 
 the special agreement of the parties, but from the cir- 
 cumstances of the case.* 
 
 If I employ a person to transact any business for 
 me, or perform any work, the law implies that I under- 
 took to pay him so much as his labor deserved. 
 
 If one take up goods or wares of a tradesman, without 
 expressly agreeing for the price, there is an implied 
 understanding that the value of them shall be paid. 
 
 Another implied undertaking is when one has re- 
 ceived money belonging to another, without a consid- 
 eration given on the receiver's part ; for the law con- 
 strues the money received for the use of the owner 
 only, and implies that the person so receiving it, un- 
 dertook to account for it to the owner. And if he 
 unjustly detain it, damages may be recovered. So, 
 money paid by mistake, or on a consideration which 
 happens to fail, or through imposition, extortion, or 
 oppression, or where any undue advantage is taken, 
 may be recovered back. 
 
 When a person has laid out and expended his own 
 money for the use of another, at his request, the law 
 implies a promise of repayment. 
 
 Upon a stated account between two merchants or 
 other persons, the law implies that he against whom the 
 balance appears, has engaged to pay it to the other, 
 though there be not any actual promise. Actions, 
 however, to compel a person to bring in and settle his 
 account are now seldom used ; the most effectual way 
 to settle these matters, is to file a bill in equity, when a 
 discovery may be had on the defendant's oath, without 
 relying merely on the evidence which the plaintiff may 
 be able to produce. 
 
 Every one who undertakes any office, employment, 
 trust, or duty, such as a public officer, banker, an aU 
 torney, carrier, wharfinger, factor, or the like, contracts 
 with those who employ or entrust him, to perform it 
 with integrity, diligence and skill. And if, by the want 
 
 This law also applies lo the rights and liabilities of Common Comer* ; 
 a subject fully treated in the " Shipper's and Carrier's Assisiant, and Ma- 
 r'uie and Inland Insurer's Guide," one of this series. Price 25 cents.
 
 52 IMPLIED CONTRACTS. 
 
 of either of these qualities, any injury accrues to indi- 
 viduals, they have their remedy and damages by a 
 special action on the case. 
 
 With an innkeeper, there is an implied contract to 
 secure his guest's goods in his inn ; with a common 
 carrier, to be answerable for the goods he carries ; with 
 a common farrier, that he shoes a horse well without 
 laming him ; with a tailor, shoemaker, or other work- 
 man, that he performs his business in a workmanlike 
 manner ; with a consignee that he will be vigilant and 
 careful in receiving and forwarding goods entrusted to 
 his care ; and, upon refusal to receive goods consigned 
 to him, he would be liable to the owner for any loss 
 occasioned thereby. (6 W. &, S. 66.) 
 
 If any one cheat me by false weights and measures, 
 or by selling one commodity for another, an action 
 lies for damages upon the contract ; since the law im- 
 plies that every transaction ought to be fair and honest. 
 
 In contracts in sales, it is constantly understood that 
 the seller undertakes that the commodity is his own. In 
 contracts for provisions, it is implied that they are whole- 
 some ; otherwise, in either case, action lies for damages. 
 
 When silence may be construed into an agreement. 
 
 Silence may sometimes be construed into assent, as 
 when a person is fully aware of what is doing affecting 
 his interest, and he makes no objection. Thus, if a 
 man is present when a bargain is made, in which he is 
 Concerned, and he says nothing, though it appears that 
 he is neither awed into silence, nor in any way hindered 
 from speaking, and that he is aware of the nature of 
 his interest. (Powel on Con., 132.) 
 
 So where a man sends his servant to buy upon trust, 
 he is liable upon the servant's bargains. So where it 
 cannot be proved that the servant was sent, but that his 
 master knew he was in the habit of taking up goods 
 upon his (the master's) account, he will be liable, (ib.) 
 
 Where a man does not know, and cannot know the 
 nature of the engagement that he enters into, it is a 
 general rule that his assent shall be valid when it is 
 altogether in his favor, (ib. 138.) 
 
 Ignorance or error will in general invalidate an as-
 
 SALE AND CONVEYANCE OF ESTATES. 53 
 
 sent, as where the matter of the bargain is falsely 
 explained. This is always the case when there is de- 
 ception upon the face of the bargain. (16. 150.) 
 
 VII. SALE AND CONVEYANCE OF ESTATES. 
 
 As a general principle, the law affords no redress for 
 oversights committed in the purchase of estates, which 
 might have been avoided by ordinary judgment and 
 vigilance. But if the vendor, knowingly, conceal latent 
 defects, either as regards the estate or its title, he can- 
 not compel the execution of the contract, though the 
 estate be sold expressly subject to all its faults. 
 
 A conveyance obtained for an inadequate considera- 
 tion, from one not conscious of his right, by a person 
 who had notice of such right, will be set aside, though 
 no actual fraud is proved. But if there be no fraud in 
 the transaction, mere inadequacy of price would not be 
 deemed sufficient, even in equity, to vacate a contract. 
 
 If it be falsely asserted that a valuation has been 
 made of an estate at a higher price than really was the 
 case, the purchaser is not bound to .complete the pur- 
 chase. So if the particulars of the sale of a house 
 describe it to be in good repair when it is not so, the 
 purchaser need not fulfil the purchase, unless there be 
 time to complete the repairs before his right of posses- 
 sion commences. A false affirmation of the amount of 
 rent would relieve the purchaser. 
 
 In cases of sales and purchases of estates, the con- 
 tract for the sale or purchase must be in writing, and 
 must be signed by the parties interested, or their agents, 
 and must contain all the terms of the agreement, such 
 as the names of the parties concerned, the property to 
 be sold, and the consideration to be given. 
 
 VIII. PURCHASE, SALE, AND DELIVERY OF GOODS. 
 
 If one person agrees with another for goods at a cer- 
 tain price, he may not carry them a\vay before he baa 
 paid for them ; for it is no sale without payment, unless 
 the contrary be expressly agreed. And, therefore, if 
 the seller says, the price of the goods is ten dollars, and 
 the buyer says he will give ten dollars, the bargain 
 is struck, and neither of them is at liberty to be off, 
 TO 5*
 
 54 PURCHASE, SALE, AND DELIVERY OF GOODS. 
 
 provided immediate possession, or payment, be tend- 
 ered by the other side. But if neither the whole nor 
 any part of the money be paid, nor the goods nor any 
 part of them delivered, nor an offer made, nor the 
 agreement put in writing, it is no sale, and the owner 
 may dispose of the goods as he pleases. 
 
 No sale is complete, so as to vest in the buyer an 
 immediate right of property, so long as anything re- 
 mains to be done between the seller and the buyer in 
 relation to the goods, such as counting, weighing, or 
 measuring. But when either are done, so that the arti- 
 cles are separate and distinct, the bargain is struck, and 
 the property of the goods is vested in the vendee, and 
 remains at his risk. 
 
 So, if a horse die in the interval of sale and delivery, 
 the conditions of the statute having been complied with, 
 the vendor is entitled to his money, though no actual 
 change of property has taken place. 
 
 It is important to know, at what time, and by what 
 means, the property in the thing sold is transferred 
 from the seller to the purchaser, and becomes vested 
 in the latter. The question becomes of consequence, 
 in deciding, at whose risk the goods were at the time 
 of their loss, when the lien of the vendor for the pur- 
 chase money ceases and what is a sufficient delivery 
 to take the case out of the statute of frauds, (i. e. of 
 preventing the necessity of having the sale in writing.) 
 
 The most simple mode of transfer is by the actual 
 delivery of the goods sold by the vendor to the vendee; 
 but it is often a matter of some difficulty to ascertain 
 what particular facts amount to a delivery. 
 
 If part of the goods have been prepared, and are 
 then lost, the buyer must bear the loss. Thus, where 
 a certain number of casks partly rilled with turpentine 
 were sold, and by the terms of sale, the casks were to 
 be filled up, and in pursuance thereof part of them 
 were filled, when the whole were lost, it was held that 
 as to the casks that were full the purchaser must bear 
 the loss, and as to the others, no property had passed 
 and they were at the risk of the seller. 
 
 If the goods are sold upon credit, and nothing is
 
 PURCHASE, SALE, AND DELIVERY OF GOODS. 55 
 
 agreed upon, as to the time of delivering the goods, 
 the vendee is immediately entitled to the possession ; 
 this right of the purchaser may however be defeated 
 by his becoming insolvent. 
 
 The question of the delivery of the goods to the 
 purchaser or when they are deemed to be in his pos- 
 session becomes very itnportant in cases of insolvency ; 
 for though goods are sold upon credit, and have actu- 
 ally been sent to the purchaser, yet if the latter becomes 
 insolvent, the seller may stop the goods, and hold them 
 as security for the purchase money, at any time before 
 they are delivered to the buyer, or come into his pos- 
 session. This is called stoppage in transitu. 
 
 The delivery of a cent or glove is sufficient earnest 
 within the statute. 
 
 A sample, if it diminishes the bulk of the commodity 
 to be finally delivered, is a sufficient delivery ; but if 
 it be considered only as a specimen, forming no portion 
 of the commodity, the delivery and acceptance will not 
 be sufficient ; the delivery of & bill of parcels ; or of the 
 receipt, ticket, sale-note, certificate, or stamp, will be 
 sufficient constructive delivery. And also as respects 
 bulky articles, the delivery of the key of the warehouse 
 in which goods are deposited ; the marking the pur- 
 chaser's name on the goods ; the payment of warehouse 
 rent ; the assignment of a ship or bill of lading of goods 
 at sea ; the sale of lumber lying on a wharf; or of logs 
 lying within a boom, &c. 
 
 Delivery of goods to an agent of the purchaser, such 
 as a carrier, if with the knowledge and assent of the 
 purchaser, is sufficient. 
 
 Where an article is not in existence, but is to be 
 manufactured or made, no property passes to the pur- 
 chaser until it is finished and ready to be delivered to 
 him, though made by his special order, or even if the 
 price should have been already advanced. Until the 
 thing is accepted by the purchaser, he acquires no 
 property in or right to claim it ; and the maker may, 
 if he choose, dispose of it to another person. But if 
 made under the superintendence of a person appointed
 
 56 WARRANTY OF GOODS. 
 
 by the purchaser, or if he find the materials, he would 
 have a claim for the amount paid for the materials fur- 
 nished, or the cost incurred fur superintendence. 
 
 The note or memorandum of a bargain must state 
 the price for which the goods weje sold. An order for 
 goods on " moderate terms " is a sufficient memo- 
 randum. (5 B. & C. 583.) 
 
 The meaning of a variety of documents may betaken 
 conjointly to prove a sale. 
 
 In the absence of any agreement, it is the duty of 
 the buyer to take the goods, and when the seller has 
 done all that he is to do, the goods will remain in his 
 possession at the risk of the buyer. 
 
 But although in such case, it is the duty of the buyer 
 to call and take the goods, and they remain at his risk, 
 yet unless the sale was made upon credit, he will not 
 be entitled to possession of the property, without first 
 paying or tendering the price. 
 
 It is the duty of the seller to perform his share of 
 the contract, by delivering the property. If he refuse, 
 the purchaser may bring assumpsit for non-delivery. 
 In doing so he must prove that he has performed all the 
 conditions incumbent on him ; especially that he has 
 paid, or tendered payment of the price, unless the sale 
 be on credit. In thislatter case the vendor has no lien, 
 and cannot refuse delivery, except the goods be left in 
 his possession until the period of credit expires. It is 
 the duty of the purchaser first to take delivery of the 
 goods, and then to pay for them. The vendor, if he 
 have performed his share in the contract, may sue him, 
 for goods bargained and sold, if the property be deliv- 
 ered, in which form he will recover his entire price, or 
 specially upon the contract, in which case he will re- 
 cover the amount of damages he has actually sustained. 
 
 With respect to exchanges, there is no difference 
 between sales and exchanges, but a delivery on one or 
 both sides is essential to establish the contract. 
 
 IX. WARRANTY OP GOODS. 
 
 In all cases of express warranty, if the warranty 
 prove false, or the goods are in any respect different 
 from what the vendor represents them to be, the buyer 
 is entitled to compensation, or he may return them,
 
 SALE OF HORSES. 57 
 
 and claim the purchase-money. But a general war- 
 ranty does not intend to guard against defects which 
 are obvious to ordinary circumspection, or where the 
 false representation of the vendor is known to the 
 vendee ; as if a horse with a visible defect be warranted 
 perfect, or the like, the vendee has no remedy. 
 
 Where goods are sold by sample, there is an implied 
 warranty that the whole are equal to the sample, other- 
 wise the purchaser is not bound to take them upon any 
 terms, although there may have been no fraud on the 
 part of the seller. Tf, however, the article should turn 
 out not to be merchantable, from some latent defect in 
 the sample, as well as in the bulk of the commodity, 
 the seller is not answerable. The only warranty is, 
 that the whole quantity answers the sample. 
 
 An express warranty extends to all faults known and 
 unknown to the seller. Unless the defect was apparent, 
 and such as the purchaser might have discovered at the 
 time of the falsehood. Where there is no express war- 
 ranty, it seems the vendor merely undertakes to make 
 a good title to the vendee, to show, that the goods de- 
 livered are such as were contracted for, and that no 
 deceit was practised to disguise their defects ; and in 
 case of provisions, that they are wholesome. 
 
 Warranty must be at the time of the sale ; if it be 
 made after, it is void for want of consideration. 
 
 X. SALE OF HORSES. 
 
 The property in horses is not easily altered by sale, 
 without the express consent of the owner ; for a purcha- 
 ser gains no property in a horse that has been stolen. 
 
 A warranty of soundness in a horse may be defined, 
 in its enlarged sense, a guarantee from constitutional 
 defects; but, in its practical sense, is construed so as 
 to exclude every defect by which the animal is rendered 
 less fit for present use and enjoyment. 1 Stark, 127. 
 
 A defect arising from a temporary injury capable of 
 being speedily cured, and not interfering with such 
 enjoyment, the horse is not, on that account, to be 
 held unsound; still less if the purchaser be informed 
 of it, and admits the exception into the terms of the 
 contract, 2 Esp. 673.
 
 58 BILL OF SALE. 
 
 XI. HIRING AND BORROWING. 
 
 These are contracts by which a qualified property is 
 transferred to the hirer or borrower ; the difference is, 
 that hiring is always for a price or recompense ; bor- 
 rowing is merely gratuitous. In both cases the law is 
 the same. They are both contracts whereby a transient 
 property is transferred, for a particular time, or use, on 
 condition to restore the goods so hired or borrowed, as 
 soon as the time is expired, or use performed, together 
 with the price or recompense, (in case of hiring,) either 
 expressly stipulated or left to be implied by law, ac- 
 cording to the value of the service. Thus, if a man 
 hire or borrow a horse for a month, he has a qualified 
 property therein during that period ; on the expiration 
 of which, his qualified property determines, and the 
 owner becomes, in case of hiring, entitled to the price 
 for which the horse was hired. 
 
 In all cases of hiring and borrowing, there is an im- 
 plied condition that the thing hired or borrowed shall 
 not be abused or improperly treated, so that it cannot 
 be returned in as good condition as it was received. 
 
 :fj "T 1 ;TV/ ]! >; >">4f> 
 
 XII. BILL OF SALE. 
 
 This is a contract, under hand and seal, whereby a 
 man transfers the interest he has in goods to another ; 
 such an instrument is binding against the party who 
 executes it, whether it were for valuable consideration 
 or not ; but it may be fraudulent and void against cred- 
 itors, and in some cases an act of bankruptcy. 
 
 So a bill of sale of goods made for a valuable con- 
 sideration, with the knowledge and consent of the 
 creditors, is valid against them, though unaccompanied 
 with possession. 
 
 A bill of sale is sometimes given with a condition for 
 resuming the goods at a certain period on payment of the 
 money advanced; but it is a dangerous method of obtain- 
 ing accommodation, and should be cautiously adopted. 
 
 In some states the seller retaining possession of the 
 goods after sale, is conclusive evidence of fraud, in 
 others, only prima facie.
 
 AVOIDANCE OF CONTRACT. 59 
 
 XIII. AVOIDANCE OF CONTRACT. FRAUD. 
 
 After bargain for the sale of goods, if the vendee 
 does not come and pay for them, and take them away 
 in a reasonable time after request, the vendor may 
 elect to consider the contract rescinded, an'd re-sell the 
 goods. 
 
 Generally, if either vendor or vendee neglect to fulfil 
 the conditions of the sale, the other is at liberty to 
 avoid the bargain. 
 
 A contract for the sale of goods may also be avoided 
 by the Statute of Limitations, which fixes the period 
 beyond which a plaintiff cannot lay his cause of ac- 
 tion. [See title " Limitation of Actions" also " Reme- 
 dies for the Recovery of Debts."] 
 
 Although a good and sufficient consideration is ne- 
 cessary to the validity of a simple contract, yet a con- 
 tract may be avoided when founded on a legal consider- 
 ation, if the execution of the engagement involve the 
 violation of any public law or statute. 
 
 All secular contracts consummated on Sunday are 
 void ; as well as all contracts which are repugnant to 
 law, sound policy, or public morals. 
 
 In contracts obtained by deception or misrepresent- 
 ation, there must be some actual damage done to the 
 plaintiff, to obtain ground for civil action. 
 
 When persons are employed to bid for the owner at 
 auction, not in order to prevent a sacrifice, but to ad- 
 vance the price of the goods, by pretended competi- 
 tion, the purchaser may treat the sale as void, if, in 
 fact, he be thereby misled. 
 
 Contracts in restraint of trade and business are void, 
 as they militate against public policy. But it is differ- 
 ent if one contract, for a valuable consideration, not to 
 carry on a particular trade, or not to exercise it in a 
 particular place. 
 
 If a seller and purchaser combine for the purpose ol 
 secreting property from the creditors, with a mutual 
 fraudulent intent, the sale is void. 
 
 When a sale is made without consideration, it is void 
 as to creditors. 
 
 Partners are liable for the fraud of one of the firm, 
 or of their agent, in the sale of partnership property.
 
 60 AVOIDANCE OF CONTRACT. 
 
 But the firm is not bound if one partner give partner- 
 ship security for a private debt of his own, and the cre- 
 ditor have knowledge that it is out of the scope of 
 partnership dealing. 
 
 Verbal evidence of fraud is admissible against a 
 written agreement. 
 
 When the assignment is fraudulent, or not assented 
 to by creditors, a creditor may proceed to secure his 
 debt by attachment, or by a trustee, (or garnishee,) 
 process. 
 
 Contracts may be rescinded or waived, by all the 
 parties to it dissenting from the bargain before the 
 period of performance. 
 
 Where a purchaser buys on the faith of a false rep- 
 resentation by the seller, touching the essence of the 
 contract, the sale will be set aside in equity, whether 
 the misrepresentation were the result of fraud or mis- 
 take. (Story's R. 700.) 
 
 If a seller mislead the purchaser by a false or mis- 
 taken statement as to any essential circumstance, the 
 sale is voidable, (ib.) 
 
 So, where a person obtains goods upon a false rep- 
 resentation, as to the value of his property, and gives 
 his note in payment, the seller need not wait until the 
 note falls due, but may, immediately upon discovering 
 the fraud, waive the contract, and bring an action to 
 recover the value of the goods. But in order to do 
 this, the goods must have been obtained upon the false 
 representation of the pur chaser, alone, and not of others, 
 as to the value of his property. 
 
 XIV. PRECAUTIONS TO BE OBSERVED IN ENTERING 
 
 INTO CONTRACTS. 
 
 All stipulations and provisions which it is intended 
 should be considered as forming a part of the contract 
 or agreement, together with every particular as to per- 
 sons, amounts, time, place, and other circumstances 
 should be inserted ; and that, in terms which will ad- 
 mit of but one construction, so as to avoid difficulty or 
 doubt, in case of disagreement; the courts deciding 
 upon a contract under seal as' it is; and not as it was 
 intended, or may be asserted it was intended, to be, if
 
 PAYMENT, WHEN CAN BE DEMANDED. 61 
 
 contrary to its express stipulations; and no evidence 
 being admissible though even in writing, if not under 
 seal, to vary its terms. 
 
 PAYMENT, WHEN CAN BE DEMANDED. 
 
 IN some branches of trade, custom has established a 
 general usage as to the period of credit upon sales of 
 goods, and, where no specific stipulation is made to the 
 contrary, this customary credit is as much a part of the 
 contract as if expressly agreed upon ; the law implying 
 that all persons deal according to the general usage, 
 unless the contrary appear. 
 
 Where no such usage prevails, and no time of pay- 
 ment is specified in the contract of sale, the money is 
 demandable immediately upon the delivery of the goods. 
 
 If the vendor stipulate to deliver certain goods within 
 a limited time, he cannot demand payment till the 
 whole of the goods are delivered. 
 
 A person contracting to deliver a certain quantity of 
 goods, and failing to deliver the whole quantity agreed 
 upon, may recover for the part delivered and accepted 
 by the buyer. The buyer can only be exonerated from 
 payment by refusing to accept apart ; for, if he accept 
 and take the benefit of part, no protest, at the time of 
 acceptance, will relieve him from liability of payment. 
 
 Payment to the proper agent of the seller will release 
 the buyer. If the seller have given directions for trans- 
 mitting the money in a particular manner, the buyer, 
 by complying with the directions, and using due cau- 
 tion, relieves himself of responsibility, any loss which 
 may occur falling on the seller. 4 Sing. 1 12. 
 
 INTEREST, WHEN IT CAN BE CLAIMED. 
 
 WITH respect to interest, it is determined that interest 
 is not allowable on a demand for goods sold and deliv- 
 ered, unless where there is a specific agreement for 
 that purpose ; as by a bill of exchange, promissory note > 
 or an express promise to pay interest ; then the vendor 
 is entitled to interest from the time specified. 
 
 Interest is allowable, where there has been either an 
 express or an implied contract therefor ; and a contract 
 
 TG 6
 
 62 INTEREST, WHEN IT CAN BE CLAIMED. 
 
 to pay interest will be implied either from a general 
 mercantile usage, or custom ; as in the case of bills of 
 exchange and promissory notes, upon which, in the 
 absence of any other agreement, interest runs from the 
 day when the principal ought to be paid. 
 
 If a note be payable on demand, and there is no ex- 
 press agreement in relation to interest, it does not 
 commence running till after a demand is made. 
 Where no other demand is made, the commencement 
 of a suit for the money will be regarded as a demand 
 for the purpose of computing interest. (9 Pick. 369.) 
 
 Interest is never allowed upon an open and running 
 account, unless by express agreement ; but as soon as 
 the account is stated, and rendered to the debtor, and 
 no objection is made to it by debtor, interest begins to 
 run. An account current, received and not objected to 
 within a reasonable time, becomes a settled account, 
 bearing interest from the time it is stated. But where 
 goods are sold, to be paid for by bill or note, which is 
 not given, interest is due from the time when the bill, 
 or note, if given, would have been payable, and is re- 
 coverable in an action for goods sold, &c. ; or where 
 upon a sale, and an agreement for payment by bill, the 
 purchaser refuses to give it, interest is recoverable in a 
 special count, for not giving the bill from the time from 
 which the bill, if given, would have borne interest. 
 
 A demand of payment of an unsettled claim for 
 goods sold and delivered, or services rendered, entitles 
 the party to interest from the time of the demand, and a 
 presentment of the account or commencement of a suit 
 is sufficient demand upon which to found, and from 
 which to date, a claim of interest. (22 Pick. 291.) 
 
 An agreement for interest will be implied from the 
 particular course of dealings between the parties, or the 
 special custom of one party known and acceded to by 
 the other ; as where it is the custom of a particular 
 person to charge interest upon all sales made by him, 
 after the expiration of a certain time, in which case, 
 he may charge all his customers with interest, who 
 have knowledge that such is his custom. So if, ac- 
 cording to an established usage, or an understanding 
 between the parties arising out of their mode of deal-
 
 LIMITATION OF ACTIONS. 63 
 
 ing or otherwise, a certain term of credit is to be given, 
 no interest can be claimed until after the expiration of 
 that term. (8 Wend, 109.) 
 
 So, a contract to pay interest is implied, where the 
 money of one person has been used, or detained wrong- 
 fully, by another, or been kept by another, when it 
 should have been paid over. (9 Pick. 369.) 
 
 Where an agent, having received money, unreason- 
 ably neglects to inform his employers of it, he is liable 
 for interest from the time when he ought to have given 
 information. So, interest is to be allowed where the 
 law by implication makes it the duty of the party to 
 pay over the money to the owner without any previous 
 demand on his part, (ib.) 
 
 Interest, from the time of payment, is to be allowed 
 on money paid at the request and to the use of another. 
 
 Manner of computing interest on notes where partial 
 payments have been made. In casting interest upon 
 bonds, notes, &c., upon which partial payments have 
 been made, every payment is to be first applied to keep 
 down the interest ; but the interest is never allowed to 
 form a part of the principal, so as to carry interest, for 
 the effect in such case would be to give compound in- 
 terest, which the law does not allow. To avoid this, 
 the following rule has been adopted by the United States 
 Courts, and most of the State Courts : 
 
 Compute the interest on the principal sum, from the 
 time when the interest commenced to the first time 
 when a payment was made which exceeds, either alone 
 or in conjunction with the preceding payments, if any, 
 the interest at that time due ; add that interest to the 
 principal, and from the sum subtract the payment made 
 at that time, together with the preceding payments, if 
 any, and the remainder forms a new principal ; on 
 which compute and subtract the interest, as upon the 
 first principal, and proceed in this manner to the time 
 of the judgment. 
 
 LIMITATION OP ACTIONS. 
 THE object of the Statute of Limitations is to prevent 
 creditors from making obsolete demands at a distance 
 of time, when the debtor has lost all the means of evi-
 
 64 LIMITATION OF ACTIONS. 
 
 dence, by which he can prove the satisfaction of them. 
 Though the courts, therefore, presume payment upon 
 debts upon which the Statute has run, yet, wherever it 
 appears from a subsequent promise or admission of the 
 debtor, that he has not paid the debt, (in some states 
 the promise is required to be in writing,) it will be reviv- 
 ed, and commence from such promise or admission. 
 
 1. Times within which debts can be collected. All 
 actions of debt, founded upon any contract or liabili- 
 ty (not under seal or witnessed) must be commenced 
 within a stated number of years after the cause of the 
 action, or the debtor is absolved by the Statute of Lim- 
 itation. In all the Eastern, in New York and in most 
 of the Middle and Western States, this time is limited 
 to six years. In the other States the time varies from 
 one to five years, except in open and current accounts 
 existing between merchant and merchant. [See pp. 70 
 to 101.] 
 
 2. Exception of open and mutual accounts. Where 
 there are open and mutual accounts the cause of action 
 is deemed to have accrued at the time of the last item 
 proved in the account. 
 
 3. Case of defendant out of the State. Where a per- 
 son is absent from, or residing out of the state, at or 
 after the time when any cause of action accrues, (and 
 has not attachable property in it,) such absence is not 
 counted as part of the time of lim/tation; nor is the 
 time counted, during the continuance of a war be- 
 tween this country and that of an alien plaintiff. 
 
 4. Acknowledgment, or new promise * The statutes 
 of Maine, Vermont, Massachusetts, New York, Illinois, 
 Michigan, Iowa, Ohio, Virginia, Missouri, Arkansas 
 Texas, and California, require that any acknowledgment 
 of indebtedness, to prevent the operation of the statute 
 of limitation, shall be made in writing, and signed by 
 the party chargeable thereby. In the other states, a 
 
 * If a person is under a legal obligation to do an act, mid another person 
 does it without his request, a subsequent promise to pay will be binding. 
 
 Where the liability to be sued on a debt is suspended, either by the in- 
 tervention of the law, or the provisions of a statute, a subsequent promise 
 restores the liability. Thus a promise by a bankrupt after certificate, to 
 pay an antecedent debt ; or a promise by a person of full age to pay a debt 
 contracted during infancy, revives the debt : but if the original security be 
 altogether void, a subsequent promise will not revive it
 
 FOREIGN ATTACHMENT. 65 
 
 verbal acknowledgment that the debt exists is sufficient; 
 or an indorsement of interest or partial payments of 
 the principal, by the maker or in his presence, upon 
 the instrument, is an implied acknowledgment. But 
 in Massachusetts no memorandum of any payment of 
 principal or interest, on any promissory note or other 
 writing by or on behalf of the party to whom such pay- 
 ment purports to be made, is deemed sufficient proof of 
 payment to take the case out of the statute of limitation. 
 
 5. When actions can be brought on sealed contracts, 
 ffc. Sfc. All contracts under seal, promissory notes 
 signed in the presence of an attesting witness, or any 
 bill or note signed by a bank, or a judgment of court, 
 are embraced by the general limitation, which varies 
 in different states, from ten to twenty years. 
 
 6. Notes and bills of exchange. With regard to 
 these the statute begins to operate only from the time 
 they are due, and not, in general, from the date. 
 
 TRUSTEE PROCESS, - GARNISHEE PROCESS. 
 
 THE object of the trustee process is to enable a 
 creditor to attach the property of his debtor in the 
 hands of a third person. It is very serviceable in 
 avoiding fraudulent transfers of property made by the 
 debtor for the purpose of concealing the same, and 
 thus preventing it from being attached for his debts. 
 This process, therefore, is very often resorted to, to test 
 the fairness of assignments for the benefit of creditors. 
 
 There are three parties in a trustee process : the 
 plaintiff; the debtor, called the principal defendant; 
 and the trustee, who is summoned to appear in the 
 suit, upon the ground that he has in his hands, goods 
 effects, or credits, belonging to the defendant. 
 
 The service of a copy of the process on the trustee, 
 fixes the property or debt in his hands, as a stakeholder 
 for the party ultimately entitled ; and if after that the 
 trustee pays over to the debtor, he does so at his peril. 
 U ho liable to be summoned as trustee, and what 
 property is not attachable by this process. As a general 
 rule, every person having goods, effects, or credits of 
 the defendant in his possession, may be summoned as 
 
 TO 6*
 
 66 FOREIGN ATTACHMENT. 
 
 trustee, and the property in his hands will be held to 
 respond to the final judgment. 
 
 There are, however, some exceptions to this, namely : 
 
 First, Generally no person will be adjudged a trustee 
 by reason of having drawn, accepted, made, or en- 
 dorsed any negotiable instrument.* 
 
 Secondly, Nor by reason of any money or other thing 
 received by him as sheriff, or other officer, by execu- 
 tion or other process in favor of the principal defendant. 
 
 Thirdly, Nor by reason of any money in his hands 
 for which he is accountable as a public officer. 
 
 Fourthly, Nor by reason of any debt due from him 
 on a judgment, so long as he is liable to an execution 
 on that judgment. 
 
 Fifthly, Nor by reason of any money or other thing 
 due from him to the principal defendant, unless due 
 absolutely, and without depending upon any contin- 
 gency. 
 
 Proceedings in the case. If the trustee does not 
 appear he is defaulted, and will be charged with having 
 in his hands property of the defendant equal to the 
 whole debt proved against the defendant. If the trustee 
 appears, he must answer under oath, if required, as to 
 the property, if any, of the defendant's, in his hands ; 
 and he will be charged or not upon his answers under 
 oath, as the court shall decide. 
 
 If any person claims that the property in the trustee's 
 hands is his property, and not that of the defendant, 
 he may appear in court as claimant, and contest with 
 the plaintiff his title to the property. In such case 
 the defendant will be allowed to testify as to whom 
 the property belongs. 
 
 Where the trustee is charged in a suit, the execution 
 runs against the goods, effects, and credits of the defend- 
 ant in the hands of the trustee. If he does not 
 expose the property to the officer, or satisfy the ex- 
 ecution, then a new writ, called a u scire facias," is- 
 sues against him alone, requiring him to show cause 
 why he should not pay the same, and if judgment is 
 obtained, the execution will run against the person 
 and property of the trustee. 
 
 * New Hampshire is an exception to this rule. (See page 71.)
 
 PART II. 
 
 REMEDIES FOR THE RECOVERY OF DEBTS. 
 
 Of the Remedies of the Creditor, and Means of En- 
 forcing Payment from his Debtor, in all the States 
 of the Union. 
 
 COMMENCEMENT OF A SUIT AT LAW. 
 
 WHERE there is a debt owing, it is held that a creditor is not 
 obliged to allege or prove any demand of payment before he brings 
 his action ; for bringing an action is technically said to be a sufficient 
 request; for it is the debtor's duty to find out the creditor, and pay 
 him his debt. 
 
 Whenever the plaintiff's right of action depends on a condition to 
 perform some act or thing, he must prove that condition to be per- 
 formed, unless it be prevented, or rendered idle, or unnecessary by the 
 act of the defendant. 
 
 The attachment of property upon a writ is one of the most common 
 and effectual means of securing a debt. The property attached is 
 deemed to be in the custody of the law, and is to be retained by the 
 officer for the purpose of satisfying the claim of the creditor, in case he 
 shall obtain judgment in the suit, take out execution, and levy it upon 
 the property in a limited time. 
 
 It is usual to annex a schedule of particulars to the writ, and refer 
 to it in the declaration. But this is not necessary, though the want of 
 such an exhibit might, probably, from a supposed want of notice, ope- 
 rate as a ground of" continuance for defendant, on motion. 
 
 In all the New England States, and this is the case in most of the 
 others, all civil actions must be commenced in the county where one 
 of the parties resides. 
 
 Wherever the matter of the action is local, the plaintiff must sue in 
 the county in which the cause of the action arises ; but, where transi- 
 tory, he may sue anywhere, unless some statute otherwise direct. 
 
 Where the Statutes of any State require that a contract or demand 
 shall be supported by affidavit, and the plaintiff is not an inhabitant of 
 the state, it may be taken and subscribed before a Commissioner or 
 the State where plaintiff resides ; it should specify the nature of the 
 debt, the amount over and above all discounts and off-sets, and that the 
 balance claimed is justly due, and the account correctly slated. In 
 some states an indorser to the writ, in others a bond with sureties, is 
 required of the plaintiff, who thereby becomes liable for costs, in case 
 judgment is rendered in favor of defendant. [See Mode of Collecting 
 Debts in different States, and also forms of Affidavits, at pages 103-5.] 
 
 If a person has obtained a judgment against another, for a certain 
 sum, and neglects to take out execution thereon, he may afterwards 
 bring an action of debt upon the judgmeut. 
 
 If the action is on a judgment of a court in another State, a copy 
 should be produced, duly authenticated. 
 
 The action ofastumpsit is the usual remedy on bills or notes. Prom-
 
 68 REMEDIES FOR THE RECOVERY OF DEBTS. 
 
 ises, either express or implied, by the law raise an assumpsit, for the 
 infringement of which the more usual remedy is action upon the case 
 on such assumpsit. 
 
 By the writ of capias ad satisfaciendum, (sometimes abbreviated 
 ca. sa.,) the body of the debtor may be arrested, and, in some cases, 
 imprisoned, until satisfaction is made for the debt, costs, and damages, 
 or the debtor is bailed, or takes the liberty of the yard, or the poor 
 debtor's oath, or petitions for the benefit of the act of insolvency, or 
 gives bond for the payment of the debt, or is discharged by statute. 
 In most of the states imprisonment for debt is abolished except in 
 cases of fraud. 
 
 Females are generally exempted from arrest for debts on contracts. 
 
 By the writ of fieri facias, (sometimes abbreviated, fi.fa.,) the 
 officer is commanded to attach the goods of the debtor, whether in his 
 own possession, or in the hands of executors, administrators, trustees, 
 (or garnishees,) always excepting those goods and lands exempted 
 from execution by statute. 
 
 UNLAWFUL ATTACHMENT AND ARREST. 
 
 The sheriff cannot disunite anything annexed to the freehold, for the 
 purpose of attaching it. 
 
 Nor can he attach goods pledged for debt ; nor goods demised j or 
 let for years. 
 
 Nor can he attach deeds : private papers ; account books ; promis- 
 sory notes 5 liens ; goods which cannot be returned in the same plight 
 in which they were taken, such as green hides in a vat, fruit, &c. ; the 
 interest of a gratuitous bailee ; goods in transit, as the property of 
 the consignee ; a boat, cable or anchors in use and necessary for the 
 safety of the vessel. 
 
 In some States perishable property can be attached, and may be sold 
 pending the proceedings of the court. 
 
 Nor can he intermingle goods attached with those of the debtor, so 
 that they cannot be distinguished. 
 
 Nor can he attach the household furniture, farmers' or mechanics' 
 tools, or articles for the use of the family, which bylaw are exempted 
 from attachment 
 
 All the states exempt from execution a certain amount of the house- 
 hold furniture of the debtor for the use of his family, the tools of a 
 mechanic necessary for carrying on his business ; a certain number 
 of sheep, swine, a horse, ox, cow, hay, &c., , varying in value from twenty 
 dollars to several hundreds. Besides which, many of the states have 
 enacted laws exempting Homesteads. 
 
 The absolute property of the goods attached must be in the debtor, 
 in his own right ; and therefore, if the sheriff take any other person's 
 goods, though the debtor assure him they are his, he is a trespasser; 
 for he must, at his peril, ascertain whose goods they are. 
 
 Attached goods may be delivered to the debtor upon his depositing 
 the appraised value in money, or giving a bond therefor. 
 
 The sheriff cannot take goods vested in truste_es by a settlement be- 
 fore marriage for the benefit of the wife, as against the husband ; nor 
 where they are settled after marriage, in pursuance of entails before 
 it ; nor where she holds in her own right, by devise, &c. 
 
 In case of execution against one of two partners, the sheriff can only 
 sell the individual moiety belonging to the defendant. 
 
 In the execution of a civil process, an officer is not at liberty to 
 break open the outer doors or windows of a dwelling house ; but he 
 may enter peaceably, and may break open an inner door of the de- 
 fendant, in order to take the goods or person. But it is said he cannot 
 open a latch of the outer door ; yet if the goods are in the house of a
 
 REMEDIES FOR THE RECOVERY OF DEBTS. 69 
 
 stranger, conveyed thither to prevent execution, if, upon request made, 
 tie do not deliver them, the officer is justified in breaking and entering. 
 So, where a stranger, whose ordinary residence is elsewhere, upon a 
 pursuit, takes refuge in the house of another, the house is not his cas- 
 tle, and the officer may break open the doors or windows, in order to 
 execute his process; so, if one, upon an escape after arrest, flee into 
 his house it shall not protect him. But these restrictions apply only 
 to dwelling-houses, and an officer may lawfully break open the door 
 of any other building to make an attachment or arrest. 
 
 An arrest, upon civil process, on Sunday, is illegal. A debtor, how- 
 ever, who has escaped from arrest or prison, may be retaken on Sunday. 
 
 la delivering possession of lands recovered in a real action, the offi- 
 cer may break outer doors, and use force to expel the occupier, if ne- 
 cessary. 
 
 Where attachments are made, and the property is to be sold on exe- 
 cution, the laws generally require that the real estate shall be reserved 
 until the personalty has been exhausted. 
 
 LIABILITIES OF ATTORNEYS TO THEIR CLIENTS. 
 
 IF an attorney, in the conduct of a suit, commit an act of negli- 
 gence, whereby all the previous steps become useless in the result, he 
 cannot recover for any part of the business done. And whether or 
 not, in such case, the work become wholly useless by the plaintiff's 
 fault, is a question for the jury. (2 C. M. and R. 647.) 
 
 An attorney is bound to execute the business entrusted to him with 
 a reasonable degree of care, skill, and despatch. If the client be in- 
 jured by the gross fault, negligence, or ignorance of the attorney, the 
 attorney is liable. 
 
 If an attorney, after a demand made, or directions given to remit 
 neglect to pay over money collected by him, in addition to the com- 
 mon liability to his client, the court will, on affidavit of complainant, 
 grant a rule to show cause why an attachment should not issue against 
 
 LIABILITIES OF SHERIFFS. 
 
 An officer who unreasonably neglects to pay any money, collected 
 by him on execution, when demanded by the creditor, forfeits, in Mas- 
 sachusetts, five times the lawful interest of the money, from the time 
 of the demand until it is paid. In other States, he is subjected to 
 similar, and even higher forfeitures. 
 
 REMEDIES OF THE CREDITOR. 
 
 IF the debtor refuses to pay his debts, the creditors remedy is a 
 resort to law. The process oy which debts are collected, varies in 
 different States, the principal difference consisting in the steps taken to 
 reach the property of the debtor. In some States propert3' may be 
 attached at the commencement of the suit, (upon mesne process* as it 
 is called ;) in others, it can only be taken after judgment has been ob- 
 tained upon an execution ; in some, the debtor cannot be arrested 
 upon mesne protest, where property can be attached, unless lie is about 
 to absent himself from the State ; in others, property cannot be at- 
 tached, where the debtor can be found and arresteo, &c. So the cir- 
 cumstances which will authorize a resort to the trustee process differ 
 in different States. 
 
 It is our purpose to state briefly the Remedies for the Recovery of 
 Debit in each of the States. 
 
 Mtsnt process is used in contradistinction to Anal process, and signifies 
 all such proceM as intervenes between the beginning and end of a suit
 
 70 RECOVERY OF DEBTS IN MAINE, 
 
 MAINE. 
 
 Attachment All civil actions may be commenced by at- 
 taching the goods and estate of the debtor (except those ex- 
 empted from execution, and choses in action). When per- 
 sonal property is attached, the officer takes and retains posses- 
 sion of it, or permits debtor to resume it, by giving receiptors. 
 
 Trustee Process. All actions on contracts may be com- 
 menced by the trustee process, and any person may be sum- 
 moned as trustee who has goods, effects, or credits of the 
 debtor in his hands. [See Article Trustee Process, p. 65.] 
 
 Where plaintiff is not an inhabitant of the State, the writ, 
 before entry, must be indorsed by some sufficient inhabitant 
 of the State. Action must be commenced against indorser 
 within one year after judgment. 
 
 Arrest of Debtor. The debtor cannot be arrested for 
 debt, unless the creditor make oath that he believes the debtor 
 is about to depart or reside out of the State, and to take with 
 him more property, or means, than is required for his imme- 
 diate support, and that the sum demanded, amounts to ten 
 dollars. In an action not founded on contract, or on a judg- 
 ment rendered upon contract, the defendant may be impris- 
 oned or held to bail. 
 
 Exemption Jrom execution. Wearing apparel, beds, bed- 
 steads and bedding,' necessary for the family ; household fur- 
 niture of the value of $50. The tools of a mechanic, 
 necessary for his trade and occupation. Bibles, school books 
 and copy of statutes; all cast-iron and sheet-iron stoves used 
 in family ; one cow and one heifer ; two swine ; ten sheep 
 and the wool ; thirty hundred hay for cow, and two tons for 
 sheep, and sufficient for heifer; all produce of farm while 
 standing and growing ; thirty bushels of corn for family ; 
 one pew ; potatoes for family ; twelve cords of fire-wood ; 
 one boat, not exceeding two tons, employed in fishing ; one 
 plough ; one cart ; one harrow ; one cooking stove ; five tons 
 anthracite, and fifty bushels bituminous coal ; and all charcoal 
 on hand ; one pair bulls, steers, or oxen, raised by the owner, 
 with hay to keep the same through the winter ; one ox- 
 yoke, with bows, rings and staples, two chains, one ox-shed ; 
 one or two horses, (instead of oxen) ; one barrel of flour : ten 
 dollars worth of lumber, wood or bark ; burial place not ex- 
 ceeding half an acre, not appropriated for agriculture ; a de- 
 scription of which must be recorded in the Registry of Deeds. 
 
 Homestead Exemption. A lot of land, dwelling house and 
 out-buildings thereon, or so much thereof as shall not exceed 
 five hundred dollars in value, the property of a householder 
 in actual possession ; a certificate of which signed by himself 
 declaring his wish and describing his homestead shall be filed 
 with the Register of Deeds for the County wherein his home-
 
 RECOVERY OF DEBTS IN NEW HAMPSHIRE. 71 
 
 stead lies. The widow and minor children of any person 
 deceased, may hold such exempted property during the minor- 
 ity of the children, or while the widow remains unmarried. 
 
 Redemption. The debtor is allowed one year from levy of 
 execution in which to redeem his estate by tendering the sum 
 at which it was appraised, interest, and expenses for improve- 
 ments, and repairs. Mortgaged personal property may be 
 redeemed in sixty days. Estate sold for taxes can be redeem- 
 ed within five years from publication of notice. Franchise 
 can be redeemed in three months. 
 
 Mortgaged real estate can be redeemed at any time within 
 three years after foreclosure of the same. 
 
 An assignment of property must provide for an equal dis- 
 tribution of all the debtor's estate among such creditors as 
 become parties thereto. 
 
 NEW HAMPSHIEE. 
 
 Attachment. Suit is commenced by attaching'personal and 
 real estate of debtor. The attachment first served is to be 
 first paid. 
 
 Trustee Process. Any property of debtor, money or cred- 
 its, in the hands of a third person, maybe attached. Wages 
 however for the last fourteen days' labor are exempted. 
 
 If any person summoned as a trustee, is indebted to the de- 
 fendant by a negotiable note, made or payable in this state, or 
 the parties to which, at the time of making, resided in this state, 
 the court may make a rule requiring such debtor to appear and 
 answer on oath all interrogatories respecting the possession, 
 transfer, or other disposition of such note ; and a rule or or- 
 der of notice to be served on any individual, or published in 
 some newspaper, for the information of any person who may 
 claim an interest in said note, so that he may appear, and show 
 how and when the transfer was made. If it do not appear thai 
 the note was transferred in good faith and for an adequate con- 
 sideration, before the service of the trustee process the prom- 
 iser will be charged as the trustee of such debtor. 
 
 Arrest of Debtor. The debtor cannot be arrested in any 
 action upon contract, unless the creditor make affidavit before 
 a justice of the peace that in his belief the debtor owes him 
 the sum of thirteen dollars and thirty-three cents ; and that 
 he conceals his property so that no attachment or levy can be 
 made ; or that he intends leaving the State to avoid payment 
 of his debts. 
 
 If any person be committed to prison he shall, unless he be 
 bailed before judgment, be held in prison for thirty days after 
 the rendition of judgment, unless sooner legally discharged. 
 The defendant when arrested, may demand to be taken before 
 two justices, one of the quorum ; and if they believe he does
 
 72 RECOVERY OF DEBTS IN VERMONT. 
 
 not conceal his property, or intend leaving the state, they 
 may order his discharge. 
 
 Exemption from Execution. Wearing apparel, beds, bed- 
 steads, and bedding for family ; household furniture, to the 
 value of $ 20 ; bibles and school books ; one cow, and one 
 and a half tons of hay ; one hog and one pig, and the pork 
 when killed ; tools of mechanic of the value of $ 20 ; six 
 sheep and the wool ; one cooking stove ; provisions and fuel 
 valued at $ 20 ; one pew ; uniform, arms and equipments ; 
 and lot in cemetery. Besides which a homestead of the val- 
 ue of $ 500, is exempted from attachment. 
 
 Homestead, not exceeding $ 500 in value. The sheriff 
 holding an execution to be levied on lands and tenements is 
 required, on application of the debtor or his wife, to cause a 
 homestead not exceeding five hundred dollars in value, to be 
 set off from the lands and tenements of the debtor. 
 
 Redemption. The debtor can redeem real estate, sold on 
 execution, within one year. Mortgaged real estate, and 
 land sold for taxes, can also be redeemed within one year J 
 
 Assignment may be made for the benefit of creditors. No 
 preferences are allowed, excepting to mortgage and judgment 
 creditors. 
 
 VEKMONT. 
 
 Attachment. Suit is commenced by writ of summons, or 
 attachment. Writs of attachment may issue against the 
 goods, chattels, or estate of the defendant. 
 
 Writs must be served in the order in which they are received. 
 
 The Homestead consists of a dwelling house, land, and its 
 appurtenances, valued at five hundred dollars, with its yearly 
 products. Whenever a housekeeper shall decease, leaving a 
 widow and children, the homestead, or the value thereof, 
 shall pass to his widow and children, without being subject 
 to the payment of the debts of the deceased, unless made 
 specially chargeable thereon, or for taxes. The homestead 
 cannot be alienated by the owner, if a married man, except 
 by the joint deed of husband and wife. Provided, how- 
 ever, that the husband may, without consent of his wife, 
 mortgage such homestead, at the time of the purchase there- 
 of, for the payment of the purchase money. Homestead is 
 also liable for debts contracted before the purchase. 
 
 There is also exempted from execution, apparel, bedding, 
 tools, furniture, bibles, books, for use of family ; cow, hog ; 
 ten sheep, and wool ; forage for ten sheep and cow ; arms ; 
 ten cords fire-wood ; ten bushels grain ; twenty bushels pota- 
 toes ; growing crops ; three swarms of bees, their honey, 
 hives, and 200 pounds of sugar, 
 
 Trustee Process. Attachments may be commenced by the 
 trustee process, when the demand exceeds the sum of forty
 
 RECOVERY OP DEBTS IN MASSACHUSETTS. 73 
 
 dollars, if the defendant resides out of the State, or has ab- 
 sconded, or secreted himself; and holds goods, effects, or 
 credits. A trustee's disclosure, on oath, is not conclusive, 
 and either party may allege and prove any facts material to 
 the inquiry. If the debt recovered by the plaintiff, or the 
 amount in the trustee's hands, does not exceed ten dollars, 
 the trustee is discharged, and recovers his costs. 
 
 Arrest of Debtor. No resident citizen can be arrested in any 
 action for debt unless the plaintiff file an affidavit, that he has 
 good reason to believe that the defendant is about to abscond 
 from the State, and has secreted money or other property, 
 to the amount of $20, or sufficient to satisfy the demand. 
 
 Redemption. The debtor can redeem his lands six months 
 after levy, by paying the costs of execution, &c., and twelve 
 per cent, interest. 
 
 MASSACHUSETTS. 
 
 Attachment. All articles of property, gold and silver 
 coin, bank notes, and all other bills or evidences of debt, is- 
 sued by any moneyed corporation, as money, may be attach- 
 ed (excepting those exempted by law, and choses in action.) 
 Suit is commenced by writ or summons. Execution may be 
 taken out at any time after twenty-four hours, or within one 
 year from rendition of judgment. 
 
 Attached goods shall be delivered to debtor upon his deposi- 
 ting the appraised value in money, or giving a bond therefor. 
 
 Articles exempted by Law. Wearing apparel of the family, 
 beds and bedding for every two persons ; stove ; household fur- 
 niture of the value of $50 ; fuel of the value of $ 10 ; bibles 
 and school books ; one cow ; six sheep, not exceeding in value 
 $ 30 ; one swine ; two tons hay ; provisions for use of family, 
 of the value of $50 ; tombs and rights of burial ; uniform, 
 arms and accoutrements, one pew, occupied by debtor ; im- 
 plements, stock, and fixtures of the debtor, necessary for 
 carrying on his trade or business ; and also, the books in the 
 library of a family, student, or professional man, to an amount 
 not exceeding $ 500. 
 
 Homestead Law. In addition to the property now exempt- 
 ed by law from execution, there shall be exempted the lot 
 and buildings thereon, occupied as a residence, owned by the 
 debtor, or any such building owned by the debtor on land net 
 his own, but which he holds possession of by lease, or other- 
 wise, he being a house-holder, and having a family, to the 
 value of eight hundred dollars. Such exemption shall enure 
 to the widow and family of the deceased until the youngest 
 child shall become twenty- one years of age and until the 
 death of the widow. Deed of purchase must set forth that 
 property is designed to be held as a homestead. The prop- 
 
 TG 7
 
 74 RECOVERY OF DEBTS IN MASSACHUSETTS. 
 
 erty shall not be exempted for debts contracted for the pur- 
 chase, or before deed was recorded. If premises are of greater 
 value than eight hundred dollars, the property maybe divided 
 by appraisers, if it can be done without injury to the same, or 
 the judgment creditor may require the sheriff to sell the prem- 
 ises at public sale ; from which sale eight hundred dollars are 
 to be paid to the debtor, which sum shall be exempted from 
 execution for one year. 
 
 All writs in which the plaintiff is not an inhabitant of this 
 State, must, before entry, be endorsed by some sufficient per- 
 son who is an inhabitant of the State. 
 
 Trustee Process. Every person having any goods, effects, 
 or credits of a debtor in his possession, may be summoned as 
 a trustee. And if he shall not appear and file his answer 
 within the first four days of the return term of the writ in any 
 county except Suffolk, and in Suffolk within the first ten days 
 of the return term, or during the return term if the court shall 
 not sit ten days in Suffolk, or four days in any other county, 
 he shall be defaulted, and adjudged a trustee. In trusteeing 
 the wages or services of any person, the plaintiff shall pay 
 all costs of trustee and defendant, unless he recover more 
 than $-5 as debt. If the wages or services of any person 
 shall be trusteed for any debt other than for necessaries, and 
 there shall not be in the hands of the trustee a sum due, as 
 such wages, exceeding $20. the trustee shall be discharged. 
 
 Imprisonment for Debt has been abolished, except in cases 
 of fraud. No debtor can be arrested on mesne process, in 
 any action of contract, unless the creditor, or some one in his 
 behalf, make oath, that he has good cause of action, and a rea- 
 sonable expectation of recovering a sum amounting to twenty 
 dollars ; and that he believes the defendant intends to leave 
 the State so that execution cannot be-served on him. 
 
 Redemption. Mortgaged real estate can be redeemed at 
 any time within three years after foreclosure. Mortgaged 
 personal property within sixty days after notice. 
 
 Insolvent Laws. Any debtor owing two hundred dollars 
 may take the benefit of the Insolvent Law. There are cer- 
 tain cases in which creditor having a demand of one hundred 
 dollars against the debtor's estate, can compel him to take 
 the benefit of the law. The messenger (who must be a sheriff 
 or deputy sheriff of the county,) must give public and personal 
 notice to the creditors of the time and place of meeting. No 
 discharge is granted if the debtor, within six months before 
 the filing of a petition, procures his lands, goods, &c., to be 
 attached, or seized on execution, or, in contemplation of in- 
 solvency, mortgages, assigns, or sells any real or personal 
 property, intending to give a preference to a pre-existing
 
 RECOVERY OF DEBTS IN RHODE ISLAND. 75 
 
 creditor, indorser, or surety, unless the debtor had reasonable 
 cause to believe himself solvent, and all preferences so made 
 are void. Preference is given for labor performed within 
 sixty- five days, to the amount of twenty-five dollars. No 
 discharge is granted to a debtor whose assets do not pay fifty 
 cents on the dollar, unless a majority in number and value of 
 his creditors, who have proved their claims, shall assent 
 thereto in writing within six months. 
 
 Oath administered to a creditor to] prove a claim. 
 
 " I, A. B., do swear lhat . . . . , of . . . ., by (or a-jaimt,) whom proceed- 
 ing* in insolvency have been instituted, at and before the date of such pro- 
 ceedings was, and still is, justly and truly indebted to me in the sum of 
 .... dollars, for which sum, or any part thereof, 1 have not, nor has any 
 other person to my use, to my knowledge or belief, received any security 
 or satisfaction whatever, beyond what has been disposed of agreeably to 
 law. And I do further swear, that the said claim was not procured by me 
 for the purpose of influencing the proceedings in this case. 
 
 The oath of a creditor to prove his claim may be adminis- 
 tered by any justice of the peace where creditor resides more 
 than five miles from the place of meeting of the creditors.* 
 
 * The creditor can enclose his claim, with the above oath, in an envelope 
 to the Commissioner or Assignee. 
 
 RHODE ISLAND. 
 
 Attachment. A writ of attachment may issue to arrest the 
 body of the debtor, but if the officer cannot find the body of 
 the defendant within his precinct, he shall then attach his per- 
 sonal property to the value commanded in the writ, which he 
 will keep in his hands as security to satisfy such judgment 
 as the plaintiff may recover. But when neither the body nor 
 personal estate of the debtor can be found by the officer within 
 the State, the words real estate may be added in the writ, which 
 the officer will attach in the same manner as personal estate. 
 
 trustee Process. When any debtor resides or is absent out 
 of the State, or conceals himself therein, so that his body can- 
 not be arrested, the personal estate of such person in the 
 hands of any other person can be attached. Stock or shares 
 in a bank or corporate company are liable to be attached. 
 
 Exemptions from Attachment. Household furniture, family 
 stores, beds and bedding, to the value of $200. The work- 
 ing tools of a mechanic, to the value of $50 ; wearing ap- 
 parel of himself and family , and one cow, or one hog. 
 
 Arrest of Debtor. The debtor may be arrested on exe- 
 cution, and committed to jail, and kept there during the 
 pleasure of the creditor, or until he pay the amount of judg- 
 ment and costs, or lake the oath prescribed for the relief of 
 poor debtors ; after which he is required to give the cred- 
 itor his note for the amount of debt and costs, payable in two 
 years, with interest, at the end of which time, if the note 
 remains unpaid, he may again be arrested and imprisoned. 
 Debtor can be released on obtaining bail.
 
 76 RECOVERY OF DEBTS IN CONNECTICUT. 
 
 Redemption. Personal estate sold on execution can be re- 
 deemed within ten days ; and real estate within three months. 
 Mortgaged real estate can be redeemed within three years. 
 
 Insolvent Law. A person who has been an inhabitant of 
 the State for three years, and whose debts exceed one hun- 
 dred dollars, can petition for the benefit of this act, which he 
 can obtain by executing a deed of all his estate in trust for 
 the benefit of his creditors. 
 
 CONNECTICUT. 
 
 Limitation of Actions. Actions on bonds or other special- 
 ties, and promissory notes not negotiable, must be brought 
 within seventeen years. Actions of account, of debt on 
 books, or simple contract, or of assumpsit founded upon im- 
 plied contract, and upon negotiable notes, must be brought 
 within six years. 
 
 Attachment. The first process for the recovery of debts, is 
 by a writ of attachment, or summons. This writ is served 
 by attaching the goods and chattels (except such as are ex- 
 empted by law) of the debtor, and if none can be found, by 
 attaching his lands. 
 
 If the plaintiff is not an inhabitant of the State, or is un- 
 able to pay the costs, if a recovery is bad against him, a bond 
 is required in some responsible inhabitant, to meet all damages 
 in case he make not his plea good. 
 
 Trustee Process. The effects of absent or absconding 
 debtor, or goods concealed in the hands of agents, so that 
 they cannot be come at to be attached, or debts due from any 
 person to such debtors, are attachable by trustee process ; 
 excepting a debt, under ten dollars, for personal services. 
 
 Homestead, of the value of three hundred dollars, is ex- 
 empted from execution, with the necessary repairs and addi- 
 tions, though above that sum. Also apparel ; bed and bed- 
 ding ; household furniture ; implements of debtor's trade ; 
 cow ; ten sheep : two swine ; twenty-five bushels charcoal ; 
 two tons coal ; two hundred pounds flour ; two cords wood ; 
 two tons hay ; two hundred pounds beef; five bushels pota- 
 toes ; do. turnips ; ten bushels Indian corn ; twenty pounds 
 wool or flax ; stove ; pew in church ; horse, saddle and biidle 
 of a practising physician, not exceeding $ 100. 
 
 Arrest of Debtor. No person can be arrested except on 
 the ground of fraud. Whenever a debtor is arrested, he 
 may require the officer to take him before a justice of the 
 peace for the county, who may judge between the parties, 
 and, if he see cause, administer the insolvent oath, and there- 
 upon liberate the debtor from arrest. But this oath cannot 
 be administered if the plaintiff make affidavit that he be- 
 lieves defendant has assigned his property with intent to de- 
 fraud his creditors, or is about to remove out of the state.
 
 RECOVEKY OF DEBTS IN NEW YORK. 77 
 
 Redemption. Lands sold on execution cannot be redeemed. 
 
 Insolvent Law of 1853 requires that assignments shall be 
 for the benefit of all the creditors, or creditor may petition 
 Judge of Probate for appointment of trustee of debtor's estate. 
 All attachments made within sixty days preceding such as- 
 signment, or application, are dissolved. All conveyances by 
 mortgage or otherwise, which shall have been made in view 
 of insolvency are void. Debtor must make oath of the deliv- 
 ery of all property of every kind, in or out of the State, and 
 that he has not conveyed or disposed of any property for the 
 
 Birpose of giving any preference in view of Insolvency, 
 ebtor to receive a sum not exceeding $ 15 a week for 
 support of himself and family, and for a time not exceeding 
 six months. If the estate pay fifty per cent., debtor is to re- 
 ceive twenty-five per cent., amount not to exceed $ 1000. If 
 the estate pay seventy-five per cent., or more, debtor shall be 
 entitled to an absolute discharge. The household furniture 
 to be included in debtor's inventory of the estate, but the 
 court shall set off to debtor so much as is necessary for debtor 
 and his family, not exceeding $ 300. Claims must be pre- 
 sented within six months. All debts for labor performed 
 within six months preceding institution of proceedings to be 
 paid in full, if less than $25. 
 
 NEW YORK. 
 
 Limitation of Actions. Actions upon a contract, obligation, 
 or liability (express or implied) except on judgments of courts 
 of record, or sealed instruments, must be commenced within 
 six years. Where there are open and mutual accounts the 
 cause of action shall be deemed to have commenced from the 
 time of the last item charged in the account on the adverse side. 
 
 Where the time of commencing an action on a contract 
 has expired, the cause of action can only be revived by an 
 acknowledgment, or new promise, in writing, signed by the 
 party to be charged therewith. 
 
 Actions are commenced by serving a summons upon the 
 defendant The summons is subscribed by the plaintiff, or 
 his attorney, and directed to the defendant, and requires him 
 to answer the complaint, and serve a copy of his answer on 
 the person whose name is subscribed to the summons, at a 
 place within the State, within twenty days after the service 
 of the summons. The plaintiff also inserts a notice in the 
 summons, in an action on a contract for the recovery of mon- 
 ey, that he will take judgment for a specified sum, if the de- 
 fendant fails to answer in twenty days. In other actions, if 
 defendant fail to answer in twenty days, the plaintiff will 
 apply to the court for the relief demanded in the complaint. 
 In actions affecting the title to real property, notice of a 
 
 TG 7*
 
 78 RECOVERY OF DEBTS IN NEW YORK. 
 
 pendency of the action is given by filing with the clerk of the 
 county a description of the property, and names of the parties. 
 
 Attachment. The real and personal property of a debtor, 
 may be attached whenever such debtor, being an inhabitant 
 of the State, shall secretly depart therefrom, with intent to 
 defraud his creditors, or to avoid process of service, or keeps 
 himself concealed with like intent ; or whenever a person, not 
 being a resident of the state, shall be indebted on a contract 
 made within the state, or to a creditor residing within the state 
 although upon a contract made elsewhere. The application 
 for attachment must be in writing, verified by the affidavit of 
 the creditor, and the facts and circumstances established by 
 the affidavit of two disinterested witnesses. 
 
 The plaintiff must give security, before the issuing of the 
 warrant, to the effect, that if the defendant recover judgment, 
 the plaintiff shall pay all costs and damages awarded to defend- 
 ant, and all damages he may sustain by reason of the attach- 
 ment, not exceeding the sum specified in the undertaking, 
 which shall be at least $ 250. 
 
 Any other creditor may become a party to the attachment, 
 whose debt is then due, on filing with the officer an affidavit, 
 specifying the sum due him, over and above all discounts, and 
 expressing in a petition, his desire to be deemed an attaching 
 creditor. 
 
 Whenever a warrant of attachment shall be issued, notice 
 must be given by advertisement in the State paper, in a news- 
 paper printed in the city of New York, and one in the county 
 to which any attachment shall be issued ; which notice shall 
 be published once a week for three months in the case of an ab- 
 sconding debtor, and for nine months in the case of a non-resi- 
 dent. No assignment, mortgage, or conveyance is valid 
 as against creditors after the first publication of such notice. 
 
 If the debtor shall not appear and satisfy his creditors, 
 within the time specified in the notice, the officer who issued 
 the warrant, shall within three months after the expiration of 
 the time so limited, appoint three or more fit persons to he 
 trustees for all the creditors of such debtor ; and every person 
 indebted to, or holding any property of the debtor, after such 
 notice, must account and answer for the same to the trustees. 
 
 Articles which are perishable may be sold by order of the 
 officer issuing the warrant. 
 
 Insolvent Law. Every insolvent debtor may be discharged 
 from his debts upon executing an assignment of all his estate 
 for the benefit of his creditors. The petition must be signed 
 by the debtor, and creditors residing in the U. S. whose claims 
 amount to two-thirds of all the debts owing by him to credi- 
 tors in the U. S. Each petition must be accompanied by 
 affidavit, and shall specify the amount of the debt, and that it
 
 RECOVERY OF DEBTS IN NEW YORK. 79 
 
 is justly due, or will become so at the time specified therein, 
 and the nature of the demand, evidence, and consideration. 
 
 Creditors residing out of this state, may petition and unite 
 in any petition, in the same manner as resident creditors; 
 and affidavits must be sworn to by them, before a judge, or 
 clerk of a court of record of the state in which they reside, 
 duly authenticated under the seal of such court. 
 
 Any petitioning creditor purchasing a debt or demand 
 against the debtor for less than its nominal amount, shall be 
 deemed a creditor to the amount actually and in good faith 
 paid by him for such debt or demand. 
 
 Duties of Trustees. The trustees shall as speedily as pos- 
 sible, convert all the estate of the debtor into money ; and 
 within fifteen months from the time of their appointment 
 call a general meeting of the creditors, by a notice similar to 
 the one of their appointment, at not less than two, nor more 
 than three months. At this meeting all accounts must be 
 adjusted. And after payment of expenses, the remainder will 
 be distributed among the creditors, in proportion to their re- 
 spective demands. 
 
 Arrest. Debtor may be arrested when the creditor estab- 
 lishes by affidavit, that a sufficient cause of action exists, and 
 that there is a certain sum due him, specifying the nature and 
 amount thereof; and that the defendant has been guilty of fraud 
 in contracting the debt, or incurring the obligation, or in con- 
 cealing or disposing of the property respecting which action 
 is brought, or has removed his property, or is about to do so, 
 witli intent to defraud his creditors, or that he has rights in 
 action or property which he fraudulently conceals, or is about 
 to remove from the state ; (and the above applies to nori -resi- 
 dents as well as residents) ; or he may be arrested for any 
 misconduct, neglect of office, or in a professional employment. 
 
 The debtor may appear before the judge who issued the 
 warrant, and controvert by his own affidavit or otherwise, any 
 of the charges alleged, and after a hearing of all the parties in- 
 terested and their witnesses, if he is satisfied that the charges 
 against the debtor are true, he may order him to be commit- 
 ted to prison, and there detained until discharged by law. 
 Such debtor can be released on giving bail or surety to pay 
 the debt and costs within sixty days ; or he may execute an 
 assignment of all his property ; or enter into a bond to apply 
 within thirty days for an assignment and discharge ; or give 
 security that he will not remove or otherwise dispose of any 
 property, with an intent to defraud his creditor, until the 
 demand of the plaintiff shall be satisfied, or until three months 
 has elapsed from the rendition of final judgment in the suit 
 brought for the recovery of such demand. 
 
 The plaintiff must give security, before the order of arrest
 
 80 RECOVERY OF DEBTS IN NEW YORK. 
 
 is issued, to the effect, that if the defendant recover judgment 
 he will pay all costs and damages that may be awarded to 
 the defendant, and all damages which he may sustain by 
 reason of the arrest, not exceeding the sum specified in the 
 undertaking, which shall be at least one hundred dollars. 
 
 Redemption. Real estate, sold under execution or mort- 
 gage, may be redeemed by debtor within one year from time 
 of sale, by paying the amount of purchase money, and ten 
 per cent, interest from the time of sale. Fifteen months after 
 sale, judgment creditor can redeem the same by paying the 
 amount of purchase money, and seven per cent, interest. 
 
 Property exempt from attachment consists of spinning- 
 wheels, weaving looms, stoves ; bibles, family pictures, school 
 books, and books not exceeding fifty dollars in value, used 
 as part of the family library, pew ; ten sheep, cow, two swine, 
 and the necessary food for them ; provisions and fuel necessary 
 for the use of the family for sixty days ; necessary wearing 
 apparel, beds, bedsteads, and bedding, cooking utensils, &c. 
 for the use of the family ; and tools, necessary for a mechan- 
 ic, of the value of $25. In addition, the necessary house- 
 hold furniture, tools, and team, to the value of $ 150. ; land 
 not exceeding quarter of an acre, used as a family burying 
 ground, and certified, acknowledged, and recorded as such. 
 
 Homestead of a householder, of the value of $ 1000, is ex- 
 empted from sale. After the death of the householder, the 
 exemption shall continue for the benefit of the widow and 
 family, until the youngest child is twenty-one years of age, 
 and until the death of the widow. To entitle any property 
 to such exemption, a notice that the same is designed to be 
 so held shall be executed and acknowledged by the person 
 owning said property, which notice shall contain a full de- 
 scription thereof, and shall be recorded. 
 
 When sheriff thinks the premises worth more than $ 1000, 
 he shall summon six jurors, and if in their opinion the prop- 
 erty can be divided without injury to the interests of the par- 
 ties, they shall set-off so much of said premises, including 
 the dwelling-house, as in their opinion is worth $ 1000, and 
 the residue may be advertised and sold by the sheriff. But 
 in case the premises cannot he divided, without detriment to 
 the interests of the parties, they shall make an appraisal 
 thereof, and unless the surplus over and above $ 1000 is paid 
 by the debtor or his family within sixty days, the sheriff shall 
 advertise and sell the premises ; and from the proceeds of 
 such sale shall pay to the execution debtor the sum of $1000, 
 which sum shall for one year be exempted from execution. 
 But no sale shall be made, unless a greater sum than $1000 
 shall be bid therefor. Such homestead is not exempted from 
 taxation, or sale for taxes.
 
 RECOVERY OF DEBTS IN NEW JERSEY. 81 
 
 The amount anil rate of legal costs in New York, is as follows : 
 To the plaintiff in an action where judgment upon failure to answer may- 
 be had without application to the court, $7; where it can only be had by 
 application to the court, $12; for all subsequent proceedings before trial, $7. 
 To the defendant for all the proceedings before notice of trial, 5; for all sub- 
 sequent proceedings before trial, $7. For the trial of issues of law, ii sep- 
 arate from issues of fact, to the plaintiff, $15; to the defendant, $12. Fur 
 the trial of issues of fact, if separate from trial of issues of law, to the plain- 
 tiff, $15 ; to the defendant, $12. For the trial of issues of fact and ol law, 
 upon trial at the same time, to the plaintiff, j&iO ; to the defendant, *15. To 
 either party on appeal, excepting to the court of appeals, before argument, 
 815 ; for argument, &30. To either party on appeal to the court of appeals, 
 before argument, $'20 ; for argument, 50 To either party for every circuit 
 or term at which the cause is necessarily on the calendar and not reached, 
 or postponed, excluding that at which it is tried or heard, SI". 
 
 Fees of referees shall be $3 to each, unless the parties otherwise agree. 
 
 NEW JERSEY. 
 
 Actions on Contracts must be commenced within six years. 
 
 Attachment. A creditor, or his agent, or attorney, may ob- 
 tain a writ of attachment against his debtor, by making oath 
 that he believes such debtor is not a resident of the State at 
 the time, or that he has absconded from his creditors ; and that 
 he owes him a certain sum of money. 
 
 If the plaintiff be a non-resident of the state, an affidavit 
 must be made of the cause of the action, before a Commis- 
 sioner, or notary public, in the state in which the creditor 
 resides, or professes to be at the time. 
 
 Exemptions. Household goods, chattels and tradesman's 
 tools, to the value of $ 200, and all wearing apparel, the 
 property of a debtor having a family ; wliich property is ex- 
 empt as well after, as before the death of the debtor, for the 
 use. of the family. 
 
 Arrest of Debtor. The debtor cannot be arrested in any 
 action founded upon contract express or implied, except the 
 creditor make oath, that there is a debt due him that the 
 debtor is about to remove his property out of the jurisdiction 
 of the court, with intent to defraud his creditors that he 
 has property or rights which he fraudulently conceals and 
 that he has assigned, removed, or disposed of such property, 
 or is about to dispose of it, or that he fraudulently contracted 
 the debt. The debtor is then ordered to be held to bail in 
 such sum as the creditor shall swear to be due. 
 
 Redemption, Lands sold on execution cannot be redeemed, 
 
 Insolvent Law. Persons arrested or held in custody in any 
 civil action, upon mense or final process, may obtain discharge 
 from imprisonment, but not from debt, by taking benefit ofthe 
 insolvent laws. Debts must be proved within eighteen months. 
 
 Assignments must provide for the equal distribution of the 
 debtor's property among his creditors. No preferences are 
 permitted excepting to mortgage and judgment creditors, in 
 good faith, where the judgment has not been made by con- 
 fession for the purpose of preferring creditors.
 
 82 RECOVERY OF DEBTS IN PENNSYLVANIA. 
 
 PENNSYLVANIA. 
 
 Limitation. All actions of debt founded upon any contract 
 or lending, (except between merchant and merchant) must 
 be brought within six years. 
 
 Attachment. If affidavit be made, and filed by the creditor, 
 of the fact of indebtedness, and that the debtor has absconded 
 from his usual place of abode, or conceals himself to avoid 
 process, his property, both real and personal (except such as 
 is exempted by law) may be attached. The court will ap- 
 point trustees, not being creditors, in whom the entire estate 
 of the debtor is vested, and who will divide the property 
 pro rata among all creditors, who shall prove their claims. 
 
 Trustee Process. Real and personal estate of a debtor, 
 who does not reside within the State, can be attached, and 
 the garnishee is bound to disclose on oath, &c. 
 
 A creditor residing in another State, may make affidavit 
 before a Commissioner of the State of Pennsylvania, stating 
 the amount of debt, after deducting all off-sets and discounts, 
 and averring that the debt has not been paid, but that the 
 same is still due and unpaid. Bond is required of plaintiff for 
 payment of costs in case judgment is given to defendant 
 
 Articles exempted from Attachment. That in lieu of the 
 property now exempt by law from levy and sale on execu- 
 tion, issued upon any judgment obtained upon contract, and 
 distress for rent, property to the value of three hundred 
 dollars, exclusive of all School Books, in use in the family, 
 and family Bible, (which shall be exempted as heretofore) 
 and no more owned by or in possession of any debtor shall be 
 exempt from levy and sale on execution, or by distress for rent. 
 
 The law provides that the officer shall, if requested by the 
 debtor, summon three competent men to appraise the property 
 exempted, &c. ; and the property may be real or personal at 
 the option of the debtor. An act of 1850 requires that three 
 hundred dollars worth of property of any decedent shall not 
 be taken from his widow or children, if he have them. 
 
 Arrest of Debtor. No person can be arrested or imprisoned 
 for debt, unless the creditor make oath, that a certain amount 
 of money is justly due to him, and that the debtor is about 
 to remove his property out of the jurisdiction of the court ; 
 or conceals it fraudulently ; or has rights in action or interest in 
 stocks, money, or evidence of debt which he refuses to apply to 
 the payment of a judgment; or that he has assigned, re- 
 moved, or otherwise disposed of his property to defraud his 
 creditors ; or is about so to dispose of it ; or that he fraudu- 
 lently contracted the debt. 
 
 The defendant, upon being arrested, may appear before the 
 judge, and if he controverts the above charges, or pays the 
 demand, or gives security that it shall be paid within sixty
 
 RECOVERY OF DEBTS IN DELAWARE. 83 
 
 days, or a bond that he will not remove his property, nor con- 
 vey it away, or will within thirty days apply for the benefit of 
 the insolvent laws, he will be discharged. 
 
 Insolvent Law. Persons resident within the State six 
 months, or who have been in prison three months, may peti- 
 tion for the benefit of the act. Debtor can obtain his dis- 
 charge, if he has not become bankrupt through gambling, 
 lottery tickets, or has fraudulently concealed his property ; 
 but if he has done either, he is deprived of the benefit of the 
 act, and becomes liable to imprisonment as for a misde- 
 meanor. No other creditors are affected by the discharge of 
 the debtor, except those who had due notice. 
 
 Assignments. A debtor may make a conveyance of all 
 his property (not subject to any lien) in trust for the benefit 
 of his creditors. No preference can be given, except for the 
 wages of labor, not exceeding in all fifty dollars. 
 
 Redemption. Lands sold on execution cannot be redeemed. 
 
 DELAWARE. 
 
 Limitation of Actions. All actions of debt, account, as- 
 sumpsit, and upon the case, must be brought within three 
 years, except a mutual open account between parties, or upon 
 a promissory note or bill of exchange, which may be com- 
 menced within six years. 
 
 Attachment. A writ of attachment may issue against the 
 property of a resident, or a non-resident of this State, upon 
 oath of the plaintiff that the debtor is indebted to him in the 
 sum of fifty dollars, and has absconded, or gone out of the 
 government with intent to deceive or defraud his creditors. 
 The writ runs against all the property,real or personal, of 
 the debtor, or credits in the hands of a garnishee, whether 
 he be a resident or not. 
 
 Upon the return of the writ of attachment, three persons 
 must be appointed to adjust the claims of the plaintiff, and all 
 other creditors who may become parties, after thirty days' 
 public notice. 
 
 If a debtor is about leaving the State, with his effects, the 
 creditor may have him arrested though the debt is not due. 
 
 Against a resident, one writ must be returned non est in- 
 ventus, before an attachment can issue. 
 
 Exemption. Property amounting to $ 100, is exempted 
 from execution, or distress for rent. 
 
 Imprisonment for Debt. No free white citizen can be im- 
 prisoned, except upon oath of the plaintiff that the dbebtoris 
 justly indebted to him in a sum exceeding five dollars, and 
 that he verily believes that defendant has secreted, assigned, 
 or disposed of property of the value of more than that amount,
 
 84 RECOVERY OF DEBTS IN MARYLAND. 
 
 with intent to defraud his creditors ; and specify and set forth 
 the supposed fraudulent transactions. A writ cannot issue to 
 take the body of the debtor, unless it appears from the sheriffs 
 return that he has no property within the county to satisfy the 
 debt, or until the plaintiff has made oath to the same effect. 
 There is no redemption for lands sold on execution. 
 
 MARYLAND. 
 
 Actions of debt upon any contract or account (except ac- 
 counts as between merchant and merchant) must be brought 
 within three years. 
 
 Attachment. A writ of attachment maybe sued out against 
 the property and effects of a debtor, who is either a non-resi- 
 dent, or has absconded, or secretes himself with intent to 
 evade payment of his debts. Where the debtor is absent or 
 has absconded, the creditor must make oath of the defen- 
 dant's indebtedness, and that he either knows, or is credibly 
 informed, or believes, that he has removed from his place of 
 abode, with intent to defraud his creditors. 
 
 When the affidavit is made out of the state, it maybe taken 
 before a Commissioner ; the creditor making oath that the 
 goods, or moneys, were delivered as charged, that he has 
 never received satisfaction or security therefor, and that the 
 balance claimed is justly due. The clerk or store-keeper will 
 also make oath to the delivery of the goods, and the non-pay- 
 ment of the money ; and such oaths must be made within 
 twelve months from the delivery of the articles. 
 
 Exemptions. Real estate acquired by marriage, for debts 
 of husband ; wages of a laborer to the amount of $ 10 in the 
 hands of an employer ; slaves of the wife (acquired either 
 before or after marriage) and her earnings, not exceeding 
 $ 1000 ; corn, bedding, gun, axe, and laborer's necessary 
 tools, and household implements, requisite for subsistence of 
 the family. 
 
 Imprisonment for Debt. The Constitution does not allow 
 of imprisonment in any civil action on mesne or final process, 
 except in case of fraud. 
 
 Insolvent Law. If a debtor applies for the benefit of this 
 act, he must make out a schedule of his estate, with a list of 
 his creditors, under oath, to accompany the petition. A resi- 
 dence of sixty days in the State is required to enable a person 
 to avail himself of this act. A trustee is appointed for the 
 benefit of the creditors, and, upon the debtor's executing a 
 deed to him of all his property, the debtor is discharged from 
 all debts contracted up to the time of his application. All 
 property, however, which he may afterwards acquire, by 
 gift, bequest, descent, or devise, vests in his trustee for the 
 payment of his debts.
 
 RECOVERY OP DEBTS IN VIRGINIA & N. CAROLINA. 85 
 
 The taking of a bill or note is no discharge of the debt. 
 VIRGINIA. 
 
 Limitation of Actions. All actions upon the case, (ex- 
 cept slander, and accounts which concern merchandise be- 
 tween merchant and merchant,) and all actions for account, 
 or goods and chattels wrongfully detained, and replevin, shall 
 be commenced within five years. All actions brought on a 
 store account must be commenced in two years. A new 
 promise, to prevent the operation of the statute of limitation, 
 must be in writing. 
 
 Attachment. Actions are commenced by the issuing of a 
 warrant by a magistrate, on affidavit, that the debtor is re- 
 moving, absconding, or otherwise conceals himself, so that 
 process of law cannot be served on him, and such magistrate 
 shall grant an attachment where the debt or demand exceeds 
 the sum often dollars, or four hundred pounds of tobacco. 
 Attachments are levied on the slaves and personal estate of 
 debtor, wheresoever and in whose hands the same may be 
 found. Attachment may be executed on Sunday, if the debt- 
 or is actually withdrawing his property. 
 
 A person within the state, holding goods, effects, or debts 
 of a defendant who is absent from the state, can be restrain- 
 ed, by order of court, from paying or transferring the same 
 to other persons. 
 
 On a special plea of set-off, judgment is forthwith render- 
 ed for the residue of the claim not controverted. 
 
 Imprisonment for Debt is abolished. The whole of the 
 real and personal estate of the debtor (except such as is ex- 
 empted by law,) is bound by the levy of a capias ad satisfa- 
 CK 'in In in from the time when execution shall be levied The 
 debtor is compelled by process of court to answer interrog- 
 atories, and to discover and surrender his estate. 
 
 On delivering up all personal estate, and on conveying all 
 his real estate to the sheriff, and taking the oath of insolven- 
 cy, the debtor is discharged from custody. 
 
 NORTH CAROLINA. 
 
 Actions of account, assumpsit, trespass, &c., must be 
 brought within three years, except such as concern the trade 
 of merchandise, between merchant and merchant, and their 
 factors or servants. 
 
 A Book Debt amounting to not more than sixty dollars, 
 can be proved by the suppletory oath of the plaintiff, if it lias 
 not been due over two years. 
 
 Attachment may issue against the real and personal estate 
 
 of the debtor, upon affidavit being made by plaintiff, that the 
 
 debtor is absconding, or has removed, or is removing out of 
 
 the county privately, or so absents or conceals himself that 
 
 TO 8
 
 86 RECOVERY OF DEBTS IN S. CAROLINA & GEORGIA. 
 
 the ordinary process of law cannot be served on him ; and 
 further swears to the amount of his debt or demand. 
 
 Bond must be given by the plaintiff, to pay all costs and 
 damages, if the attachment prove to have been wrongfully 
 sued out. Property of the absconding or absent debtor in 
 the hands of a garnishee can also be attached. 
 
 Imprisonment for Debt. A debtor can be arrested and 
 held to bail, if plaintiff makes affidavit that he believes the 
 debtor has fraudulently concealed his property, moneys, or 
 effects, or is about to remove from the State. 
 
 The debtor may be imprisoned for any sum, but can have 
 benefit of insolvent law and of prison limits. 
 
 Insolvent Laws. Any debtor who has been arrested for 
 debt, and shall have remained in prison twenty days, may, on 
 petition, be discharged from prison and from future arrest 
 on the same demand, on taking an oath that he is not worth 
 ten dollars over and above what is exempted by the law, and 
 that he has not disposed of any of his property to defraud his 
 creditors. 
 
 SOUTH CAROLINA, 
 
 Actions. Personal actions must be commenced within four 
 years, excepting such as concern trade between merchant and 
 merchant, and with regard to persons beyond seas five years. 
 
 Attachment. A creditor, wherever residing, may attach 
 the real and personal estate of a debtor, who is either a non- 
 resident, or, being a citizen, has been absent from the state 
 more than one year, or who absconds or removes, so that 
 process of law cannot be served on him. The creditor must 
 give bond conditioned to pay all damages in case defendant 
 recovers. The first writ must be first paid. 
 
 No kind of personal property is exempt from execution. 
 
 Arrest of Debtor. The body of the debtor may be arrested 
 and imprisoned, when the debt exceeds twenty pounds current 
 money. A person confined on mense process, or execution, 
 may, on assigning his estate, be discharged in respect to 
 the particular demands for which he is held in custody. 
 
 A resident creditor may hold debtor to bail, though the debt 
 is not due, upon making affidavit that the debtor is about to 
 remove from the state, and of his ignorance of such intended 
 removal when the debt was contracted. 
 
 Insolvent Law. The law provides that a person in cus- 
 tody, or on the prison limits, may, within one month from 
 his arrest, on petition and surrender of property, and three 
 months' public notice thereof, obtain his discharge. 
 
 GEOBGIA. 
 
 Limitation on notes and simple contracts, six years ; upon 
 open accounts, four years.
 
 RECOVERY OF DEBTS IN ALABAMA. 87 
 
 All suits of a civil nature are begun by petition, setting 
 forth the plaintiff's claim. To this the clerk of the court an- 
 nexes a process requiring defendant to appear at the court to 
 which process is returnable, which process is to be served on 
 defendant seventeen days before return day. Should bail be 
 required of the plaintiff, he shall make oath before any judge 
 or justice of a superior court of any of the United States, to 
 which is to be annexed the seal of the State, and a certifi- 
 cate of the governor, certifying that the person taking the 
 affidavit is such judge or justice, of the amount of the debt 
 claimed, and that he has reason to apprehend the loss of said 
 amount or part of it. 
 
 Attachment. Suits may be commenced by attaching the 
 property of the debtor, wherever to be found, in the case of 
 non-residence, or where both debtor and creditor are beyond 
 the State, or where debtor is removing, or absconds, or con- 
 ceals himself. These facts, or one of them, must be shown 
 to exist by oath, and a bond be given in double the amount 
 sworn to be due, to which surety must be given. The con- 
 dition of the bond is, to pay all costs and damages which may 
 be incurred for suing out the same. The attachment first 
 served is to be first paid. Where a debtor is about to re- 
 move, or is removing out of the state, the creditor, on oath 
 as to such fact, and of the indebtedness, may attach his 
 property upon an obligation which is not due. 
 
 Besides the usual household articles, &c., fifty acres of 
 land are exempted from execution. 
 
 Imprisonment for Debt. The constitution of this State 
 provides that, unless there is presumption of fraud, no debtor 
 shall be imprisoned for debt after having surrendered all his 
 estate, real and personal. 
 
 ALABAMA. 
 
 Actions of debt, not on specialty, of account, and upon the 
 ease, (except between merchants) must be brought within 
 six years ; open accounts within three years. 
 
 Attachment. Suit is commenced by a writ of summons. 
 The creditor may levy an original attachment on lands, goods, 
 or money of the debtor, either actually, or by summons of 
 garnishment in the hands of another, where the creditor 
 swears either that ihe debtor absconds or secretes himself, or 
 resides or is about to remove his property out of the state. 
 The creditor is required to give a bond, in double the amount 
 of the debt, to prosecute the attachment to effect, or pay the 
 defendant damages, should the suit be proved to have been 
 wrongful and vexatious. 
 
 Attachments may issue though both plaintiff and defendant 
 are non-residents, if defendant has any property in the State. 
 
 An attachment may issue though the debt is not due.
 
 88 RECOVERY OF DEBTS IN MISSISSIPPI to LOUISIANA. 
 
 Imprisonment of Debtor. No imprisonment of debtor can 
 take place, except on oath of the creditor, that the debtor is 
 about to abscond, or has fraudulently conveyed, or is about 
 to convey his estate and effects, which he fraudulently with- 
 holds. On the plaintiff or his attorney making such oath, the 
 debtor may be arrested and held to bail. 
 
 Insolvent Law. None are excepted from the benefit of this 
 law. Ten days' notice, if creditors reside in, and twenty if 
 out of, the State, is given, by advertising in some newspaper. 
 
 MISSISSIPPI. 
 
 All actions upon account must be brought within six years, 
 upon store accounts, within two years. 
 
 Attachments may issue against the estate of a debtor, upon 
 oath of the creditor, his agent or attorney, that the debtor has 
 removed, is removing out of the State, or privately conceals 
 himself so that process of law cannot be served, of the amount 
 of the debt, and the grounds of belief, whether from a 
 knowledge of the fact, personally, or by information. 
 
 Before granting a writ, the plaintiff must give a bond to pay 
 all costs and damages that defendant may recover against him. 
 
 Redemption. Land can be redeemed by either debtor or 
 creditor within two years, by paying the purchase-money, 
 with ten per cent, interest. 
 
 Bail. In actions founded on a specialty, bill, or note, in 
 writing, signed by the party to be charged, or on judgments 
 of foreign or domestic courts, bail may issue. No citizen can, 
 however, be held to bail, unless affidavit is made that defend- 
 ant is about to leave the State. 
 
 When suit is commenced on any writing, the court shall 
 take the same as evidence of the debt, and if the defendant 
 wishes to deny the execution of such writing, he must do so 
 by plea, supported by affidavit. 
 
 An attachment may issue before the debt becomes payable, 
 where creditor believes that his debtor is about removing with 
 his property out of the State, or has removed, leaving effects, 
 or debts in the hands of other persons, upon his making oath 
 as to the amount of his debt, and the time when it will be- 
 come payable. 
 
 Homestead, if in the country consists- of 160 acres of land, 
 if in town a house and lot valued at $ 1500. Besides which 
 the usual household articles are exempted. 
 
 Imprisonment for Debt, on mesne and final process, has 
 been abolished, except in cases of fraud. 
 
 LOUISIANA. 
 
 No action can be sustained, after the lapse of one year, to 
 recover fees due a justice, notary, constable, or the compen- 
 sation of a schoolmaster, or an instructor in the sciences who
 
 RECOVERY OP DEBTS IN TENNESSEE. 69 
 
 teaches by the month, or the claims of innkeepers, boarding- 
 housekeepers, retailers, workmen, laborers, servants, ship- 
 owners for freight, officers, sailors for wages, to commence 
 from the termination of the voyage, and claims for supplies 
 and materials furnished vessels. 
 
 All actions upon bills of exchange, promissory notes paya- 
 ble to order or bearer, and all choses in action transferable 
 by indorsement, must be commenced within five years. 
 
 Attachment. There is no attachment upon mesne process, 
 except upon the oath of the plaintiff, either that the defend- 
 ant resides out of the State, or conceals himself to avoid cita- 
 tion, or that he is concealing or disposing of his property to 
 avoid payment of the debt. Any species of property which 
 can be seized , can be taken on execution , except such articles as 
 are exempted by law for the use of the debtor and his family. 
 
 The property of the debtor is pledged to his creditors, and 
 the proceeds of sale must be divided among them pro rata, 
 unless there exist a privilege or mortgage. 
 
 Any person having property of the debtor may be sum- 
 moned as a garnishee. 
 
 Attachment may issue though debt is not due. 
 
 Creditor must give a bond to satisfy all damages defendant 
 may sustain, if judgment should be rendered in his favor. 
 
 Respite. This is an act by which a debtor who is unable 
 to satisfy his debts at the moment, transacts with his credi- 
 tors, and obtains from then* time or delay for the payment of 
 the sums which he owes to them. It is voluntary, where all 
 the creditors consent, or forced, when a part of the creditors 
 refuse to accept the debtor's proposition, and the debtor com- 
 pels them by judicial authority to consent to what the others 
 have determined in the cases directed by law. The consent 
 of a majority in number of the creditors is binding on those 
 who do not agree. Privileged creditors, and those who have 
 a special mortgage, are not bound, but only those having a 
 general mortgage. The time allowed to a debtor in enforced 
 respite cannot exceed three years. 
 
 Imprisonment for debt is abolished, unless the plaintiff 
 swears that the debtor has absconded from another State, to 
 avoid payment of the debt, or intends leaving the State be- 
 fore judgment can be had against him, without leaving suffi- 
 cient property to satisfy the demand. 
 
 TENNESSEE. 
 
 Actions are barred on bills, notes, goods, &e., if not enter- 
 ed in three years ; indorsers upon bills or notes are discharged 
 unless sued in three years. 
 
 A creditor or executor may, by his own oath, prove an 
 account for merchandise or service not exceeding seventy-five 
 dollars, which has not been due over two years. 
 
 TO 8*
 
 90 RECOVERY OF DEBTS IN KENTUCKY. 
 
 The original process in all civil actions is a summons. 
 
 Attachments may be made against a debtor's real and per- 
 sonal estate, debts and choses in action, (whether due or not) 
 where creditor makes affidavit that the debtor has absconded , 
 conceals, or removes himself, or is about to remove his prop- 
 erty beyond the limits of the State. 
 
 Creditor must give bond in double the amount of his debt 
 that the attachment is not wrongfully sued out. Sureties and 
 accommodation indorsers may attach their principals, who 
 may be removing, absconding, or carrying off their property, 
 whether the debt for which they are liable is due or not. 
 No decree to be made until the debt is due. 
 
 If the garnishee debtor does not appear and answer at the 
 next term, after service of notice, a conditional judgment for 
 the whole debt is rendered against him, to be made absolute at 
 the following term, unless he appear and put in his answer. 
 
 Creditors residing in other States may prove their accounts 
 before a commissioner. The account so proved is taken to 
 be true, unless denied by the debtor, on oath, in which case 
 it is tried by a jury on evidence. 
 
 Imprisonment for debt does not exist in this State. No 
 process against the body can be had at law for a civil wrong. 
 
 Lands levied on and sold, may be redeemed within two 
 years after the sale by the debtor, on paying the amount bid 
 and ten per cent, interest. Judgment creditor may also re- 
 de^m by paying the amount bid, and interest thereon at six 
 per cent., with ten per cent, in addition to the debtor. 
 
 KENTUCKY. 
 
 Limitations. Actions brought on store accounts, for goods, 
 wares, &c., sold and delivered , must be commenced in one 
 year from delivery of the goods ; and a further time of one 
 year is allowed, in case of the death of the creditor or debtor. 
 
 Writ of Attachment against an absconding debtor, may is- 
 sue upon complaint of the creditor that the debtor is privately 
 r'emoving out of the county, or absconds, or conceals himself, 
 go that the ordinary process of law cannot be served upon him. 
 Property in the hands of the garnishee may also be attached. 
 Bond must be given by plaintiff to pay all costs and damages 
 that may be awarded against him, by reason of the attachment. 
 
 An attachment may issue through debt is not <lue. 
 
 Exemptions. One working beast, or yoke of oxen ; one 
 work-horse ; one plough ; one axe ; one hoe ; wearing appar- 
 el ; one loom, spinning wheel and cards ; yarn, cloth, and 
 carpeting manufactured by the family ; the necessary house- 
 hold furniture for family; one cooking stove; ten sheep; 
 provisions for family for one year ; one saddle and bridle, 
 &c. ; and the family bible.
 
 RECOVERY OF DEBTS IN OHIO. 91 
 
 Arrest of Debtor. No person can be arrested for debt or 
 held to bail, unless the plaintiff file an affidavit with the clerk 
 of the court, stating that he believes the defendant will leave 
 the state, or move his property out of the same, before judg- 
 ment can be executed, or abscond. 
 
 Real estate, taken on execution, unless it brings two-thirds 
 of its value, can be redeemed by the debtor at anytime within 
 one year from the sale, on payment of the purchase money, 
 and ten per cent, interest. 
 
 Insolvent Law. Debtor's person is released on the deliv- 
 ery of a schedule of his property, and his taking the insol- 
 vent's oath. Jail limits are co-extensive with the State. 
 
 OHIO. 
 
 (Selected, principally, from ihe Code of Civil Procedure, 1853.) 
 
 A civil action must be commenced by filing a petition in 
 the office of the Clerk of the Court, and causing a summons 
 to be issued. 
 
 Action upon contracts riot in writing, must be brought 
 within six years ; upon specialty contracts, or promises in 
 writing, within fifteen years. 
 
 Attachments. Creditor, or his agent or attorney, must 
 make affidavit of the nature of the claim, that it is just, and 
 the amount which the affiant believes plaintiff ought to re- 
 cover ; and that the defendant, or one of several defendants, 
 is a foreign corporation, or a non-resident ; or has absconded 
 with intent to defraud his creditors ; or has left the county 
 of his residence ; or conceals himself to avoid the service of 
 a summons ; or is about to remove his property, or a part, 
 out of the jurisdiction of the court, with intent to defraud 
 his creditors ; or is about to convert his property, or part 
 thereof, into money, for the purpose of placing it beyond the 
 reach of his creditors ; or has property, or rights in action, 
 which he conceals ; or has assigned, removed, disposed 
 of, or is about to dispose of, his property, or part thereof, 
 with intent to defraud his creditors ; or fraudulently contracted 
 the debt. But no attachment shall be granted on the ground 
 that the debtor is a foreign corporation or a non-resident, 
 other than upon a debt or demand arising upon contract, 
 judgment, or decree. 
 
 Plaintiff must give sureties, not exceeding double the 
 amount of his claim, that he will pay the defendant all 
 damages he may sustain by reason of the attachment, if the 
 order be wrongfully obtained. 
 
 Defendant may discharge attachment any time before 
 judgment, by giving sureties in double the amount of plain- 
 tiffs claim, that he will perform the judgment of the court. 
 The court, or any judge, may, on application of the plain-
 
 92 RECOVERY OF DEBTS IN OHIO. 
 
 tiff, and on good cause, appoint a receiver, who shall take in- 
 to his possession all notes, due bills &c., that have been 
 taken by the sheriffor other officer, as the property of defend- 
 ant. Property of a perishable character &c., maybe sold 
 by order of court, during the pendency of the suit. Garni- 
 shees must appear and make disclosures, or may pay money 
 &c., to sheriff, or into court. 
 
 Arrest. A defendant can be arrested before and after 
 judgment, when the plaintiff, his agent or attorney, shall 
 have made affidavit of the nature of the claim, that it is just, 
 and the amount thereof, as nearly as may be, and establishing 
 one or more of the following particulars : 1st That the 
 defendant has removed, or begun to remove his property out 
 of the jurisdiction of the court, with intent to defraud his 
 creditors: 2nd That he has begun to convert his property, 
 or a part thereof, into money, for the purpose of placing it 
 beyond the reach of his creditors : 3d That he has property, 
 &c., which he fraudulently conceals : 4th That he has as- 
 signed, removed, or disposed of, or has begun to dispose of his 
 property, with intent to defraud his creditors : and 5th That 
 he fraudulently contracted the debt. The affidavit must also 
 contain a statement of the facts claimed, to justify the belief 
 in the existence of one or more of the above particulars. 
 
 Plaintiff must give sureties in double the amount of his 
 claim, to pay defendant all damages he may sustain by reason 
 of the arrest, if the order be wrongfully obtained. 
 
 Debtor may be held to bail in double the amount of claim, 
 or committed to jail. 
 
 The debtor, if under arrest, may take the jail limits, or he 
 may release himself entirely, by complying with the provi- 
 sions of the insolvent debtor act. 
 
 When actions are barred by lapse of time in another State, 
 between non-residents, no action can be maintained thereon 
 in this State. 
 
 Debtor may have stay of execution on five dollars, 60 days; 
 not exceeding twenty, 90 days ; not exceeding fifty dollars, 
 150 days ; over fifty dollars, 240 days. 
 
 If the plaintiff appeal from the justices court, and shall not 
 recover a larger sum than twenty dollars, exclusive of inter- 
 est, since the rendition of judgment, he shall be adjudged 
 to pay the costs in the court of Common Pleas, including a 
 fee of five dollars to defendant's attorney ; and if the defend- 
 ant appeal and do not recover $ 20, he shall, in like manner, 
 pay all costs, including a like fee. 
 
 Plaintiff, if a non-resident in the county in which the action 
 is to be brought, must, before commencing an action, furnish 
 a surety for costs. 
 
 Exemption. The earnings of judgment debtor for per-
 
 RECOVERY OF DEBTS IN INDIANA. 93 
 
 sonal services at any time within three months next preced- 
 ing the order of judge, cannot be taken, when by debtor's 
 affidavit, or otherwise, such earnings are necessary for 
 the use of a family supported wholly, or partly by his labor. 
 Exemptions. Homestead of the value of $500. A per- 
 son not the owner of a homestead, if the head of a family, 
 can hold, exempt from execution, mechanical tools, or a team, 
 or farming utensils, not exceeding $ 300, in addition to the 
 chattel property now by law exempted, which is as follows: 
 wearing apparel, beds, bedsteads, and bedding of family ; 
 stove; fuel for sixty days; one cow, but if debtor own none, 
 then, household furniture, of the value of $15-00; two 
 swine, or the pork, or, furniture of the value of $6-00 ; six 
 sheep, and food for them for sixty days, or, the wool and 
 cloth, or, in lieu thereof, furniture not exceeding $ 10 00 ; 
 the bibles, hymn books, school books, and family pic- 
 tures ; provisions, designed for the family, amounting to 
 $ 40 00 ; and other articles of furniture for family not exceed- 
 ing $3000; the tools and implements of debtor, whether 
 mechanical or agricultural, not exceeding $ 50 00. The 
 above articles to be selected by debtor, and the amount to be 
 determined by two disinterested householders, selected by 
 the officer. 
 
 INDIANA. 
 
 Actions on accounts and contracts not in writing, and rents, 
 must be brought within six years ; and upon contracts in 
 writing, judgments, and recovery of real estate twenty years 
 
 Attachment. The property, real and personal, of any citi- 
 zen of this State, (except what is exempted by law, not ex- 
 ceeding in value one hundred and twenty-five dollars,) may 
 be attached whenever his creditor makes oath before a clerk 
 of the circuit court, or justice of the peace, that the debtor 
 conceals himself to avoid the service of process, or is se- 
 cretly leaving, or has left, the State, with intent to defraud 
 his creditors. If the debtor's family remain in the county, 
 and explain the cause of his absence, no writ can issue unless 
 his absence has exceeded one year, or unless the debtor be 
 secretly removing his property to avoid the payment of his 
 debts. Before the writ issues, the creditor must file a bond, 
 conditioned to prosecute his suit, and pay all damages that 
 defendant may sustain if his proceedings shall prove wrong- 
 ful and oppressive. 
 
 Each writ of attachment binds the goods and chattels from 
 the time of its delivery to the officer. The execution under 
 the first levy constitutes a lien upon the land. 
 
 Other creditors, on oath, are permitted to prove their claims, 
 and are paid in proportion to the amount of the same. 
 
 Any person holding property of the debtor, may, on oath
 
 94 RECOVERY OF DEBTS IN ILLINOIS. 
 
 of the creditor, be compelled to appear and answer all ques- 
 tions put to him in relation to it. 
 
 Arrest of Debtor. The debtor may be arrested on the 
 creditor's filing an affidavit of his right to secure debt or 
 damages, and that he believes debtor intends defrauding him 
 by leaving the State, or concealing his effects. If bail is not 
 given, debtor is committed to prison. Debtor may, howev- 
 er, procure his discharge, by surrendering his property and 
 taking the oath of insolvency. Property afterwards acquired 
 is held liable. 
 
 The debtor may,- by giving bail, procure a stay of execu- 
 tion on sums from six dollars, to any amount, and varying 
 from thirty to one hundred and eighty days. 
 
 All property taken on execution must be appraised, and 
 sold for its fair value. Lands sold on execution cannot be 
 redeemed. 
 
 ILLINOIS. 
 
 Actions upon contracts must be brought within five years. 
 
 Attachment. A creditor, or his agent, may obtain a writ 
 of attachment, by making complaint on oath or affirmation to 
 the clerk of the- circuit court, that the debtor is indebted to 
 him in a sum exceeding twenty dollars, and that he believes 
 that it is his intention to depart from, or that he has depart- 
 ed from the State, or avoids the process of service by con- 
 cealing or removing his property, or that he is a non-resident 
 of the State. The creditor, before the attachment issues, 
 must execute a bond to prosecute the suit and pay all dam- 
 ages, should it be decided against him. 
 
 When attachment is served on garnishee, notice of the 
 pendency of the suit, must be given by advertising in some 
 newspaper four weeks successively, and if the debtor does not 
 appear to satisfy the demand, the officer will proceed to sell 
 the property. 
 
 Exemptions. Beds, bedsteads, bedding and cooking uten- 
 sils ; household furniture of the value of $ 15 ; spinning 
 wheels, cards, stove ; cow and calf; two sheep, with the 
 fleeces of two sheep for each member of the family ; sixty 
 dollars worth of property ; fuel and provisions for three 
 months ; lot of ten acres for a burying ground, and recorded 
 as such. Upon the death or desertion of the head of the 
 family, the family shall be entitled to the like exemption. 
 
 In addition to the above a Homestead, consisting of a lot of 
 ground and the buildings thereon, occupied as a residence and 
 owned by the debtor, being a householder and having a fam- 
 ily, to the value of $ 1000. In its general features this law 
 resembles the New York Homestead Law (see p. 80 ) 
 
 A plaintiff residing abroad may make affidavit before a 
 ommissioner of the State, or notary public, of the sum due,
 
 RECOVERY OF DEBTS IN MISSOURI. 95 
 
 and that the same will be in danger of being lost, or that the 
 benefit of whatever judgment may be obtained will be in 
 danger, unless defendant be held to bail. 
 
 Imprisonment for debt is abolished, except where the debtor 
 refuses to deliver up his propetty, or there is strong presump- 
 tion of fraud. The debtor, on delivering up all his property, 
 may take the benefit of the act of insolvency. 
 
 Redemption. Lands sold upon execution can be redeemed 
 by the debtor in twelve months after sale, by paying the pur- 
 chase money and ten per cent, interest, and before the expi- 
 ration of fifteen months, any judgment creditor may redeem 
 on the same terms. 
 
 MISSOURI. 
 
 Limitations. All actions for goods, wares and merchan- 
 dise, and for store accounts, must be brought within two years ; 
 and actions upon account within five years. 
 
 Attachment. The ordinary process by which suits are com- 
 menced is a summons. An attachment may be obtained against 
 the property of the debtor, whether the debt be due or not due, 
 in the following cases : Where the debtor is not a resident 
 of, nor residing in the State ; or conceals himself, has ab- 
 sconded, or absented himself from his usual place of abode, 
 so that process of law cannot be served on him ; or where he 
 is about to remove his property and effects out of the State , 
 so as to defraud and delay his creditors ; or has conveyed, 
 assigned, concealed, or disposed of his property ; or is about 
 to convey, assign, conceal, or dispose of his property, so as 
 to hinder and delay his creditors ; or where the debt was con 
 traded out of the State, and the debtor has absconded, or 
 secretly removed his property into this State, with intent to 
 defraud, delay, or hinder his creditors. A creditor, to obtain 
 an attachment, must, by an affidavit made by himself, or his 
 agent, state that the defendant is justly indebted to him, after 
 
 allowing all just credits and off-sets, in the sum of $ 
 
 and on what account, and that he has good reason to believe 
 the existence of one or more of the causes above stated. 
 Bond must be given by the plaintiff to prosecute his cause 
 without delay, and pay all damages should defendant re- 
 cover. Where the debt is not due at the time of attachment 
 the plaintiff cannot have judgment until it becomes due. 
 
 If sufficient property cannot be found to satisfy execution, 
 the garnishee may be summoned to answer. No execution 
 can be awarded against the garnishee, until the debt has he- 
 come due. 
 
 An affidavit before a judicial officer of another State author- 
 ized to administer oaths, is good in this State for the pur- 
 pose o granting an attachment. It must state " that the de- 
 fenda is justly indebted to the plaintiff, after allowing all
 
 96 RECOVERY OF DEBTS IN MICHIGAN. 
 
 set-offs, in the sum of $ , and on what account the same 
 
 accrued, and also that the affiant has good reason to believe, 
 and does believe the existence of one or more of the causes 
 which authorize a suit by attachment." 
 
 Either party may, on motion, procure an order to examine 
 the adverse party. 
 
 Imprisonment for debt is abolished, except in cases of fraud. 
 
 MICHIGAN. 
 
 Actions of account, and upon the case, except such as oc- 
 cur between merchant and merchant, must be brought within 
 six years. 
 
 Attachment. A creditor, on making oath, that he believes 
 his debtor has absconded, or is a non-resident, and has not 
 resided in the State for three months, or has concealed him- 
 self, or is about to convey or remove any of his property, 
 with intent to defraud his creditors, may obtain a writ of at- 
 tachment in the circuit or county courts, where the debt, over 
 and above all legal set-offs, amounts to one hundred dollars. 
 If there has been no personal service, but property has been 
 attached, notice of such attachment must be published in the 
 county for six successive weeks. A person holding goods or 
 credits of the debtor may be summoned as garnishee, and 
 if he do not appear, or there is cause to fear that he may 
 abscond, the court, may issue a warrant for his arrest. 
 
 Where the plaintiff is a non-resident of the State, the writ 
 must be indorsed by some respectable inhabitant of the State. 
 
 The value of property exempted from execution amounts 
 to $ 500, consisting of spinning wheels, weaving looms, 
 stoves, pew, cemeteries, fire arms; $150 in books, and all 
 family pictures. To householders ten sheep, two cows, five 
 swine ; provisions for six months ; $250 in furniture ; hay, 
 grain, &c., for six months. Tools, stock, teams, &c., ne- 
 cessary for his trade or profession ; besides the homestead". 
 
 Homestead. Forty acres of land, and the dwelling-house 
 thereon, to be selected by the owner, or a town lot and dwell- 
 ing-house, owned and occupied by any resident of the State, 
 and not exceeding fifteen hundred dollars in value, 
 
 Arrest of Debtor. No person can be arrested or impris- 
 oned for debt, unless the creditor establishes, on oath, the 
 amount and nature of the debt, and that the debtor is about 
 to remove his property beyond the jurisdiction of the court, 
 that he has property which he refuses to apply to the pay- 
 ment of the debt, that he has assigned, removed, or is about 
 to dispose of the same, with intent to defraud his creditors. 
 The creditor can then obtain a warrant for the arrest of the 
 debtor, but must give security for the costs in the proceedings. 
 
 Debtor may have stay of execution, on $25 for ninety
 
 RECOVERY OF DEBTS IN ARKANSAS. 97 
 
 days ; $50 for six months ; and when the damages exceed 
 $50 ten months. 
 
 Mortgages may be foreclosed either in chancery or in 
 county courts, or by advertisement, and can be sold at any 
 time without redemption within one year ; if sold by order of 
 court or advertisement they may be redeemed within one 
 year. Real estate sold on execution can be redeemed within 
 the same time. 
 
 Insolvent Law. Any inhabitant of this State can petition 
 for the benefit of this act, by an assignment and delivery of 
 all his property to his assignees, to be equitably distributed 
 among all his creditors. 
 
 AKKANSAS. 
 
 Attachment. Every person having a real, subsisting debt 
 or demand against another, in the nature of contract, not 
 exceeding one hundred dollars, can obtain a writ of attach- 
 ment, on making and filing, before any justice of the peace, 
 an affidavit, that the debtor is about to remove himself, or his 
 effects, out of the state, or conceals himself so that the or- 
 dinary process of law cannot be served on him, or is a non- 
 resident of the state. 
 
 The service of the writ on the garnishee shall be by read- 
 ing the writ to him, or delivering him a copy at his residence. 
 
 Plaintiff shall enter into bond to the defendant, conditioned, 
 that if he disprove or avoid the debt, he will respond to such 
 damages as shall be awarded against him. 
 
 The writ first levied shall be first paid according to priority. 
 
 There are similar provisions for attachment before the 
 Circuit Courts, when the debt is over one hundred dollars. 
 The affidavit can be taken before any judge or justice of the 
 peace in the state. Bond to the defendant must also be filed. 
 
 Imprisonment for Debt. No person can be imprisoned on 
 mesne or final process, issuing from any court, or officer, except 
 where fraud is alleged by the plaintiff, and supported by his 
 affidavit, and the affidavit of some disinterested person. 
 
 Property exempted from execution, consists of wearing ap- 
 parel, tools and implements of trade of a mechanic; and, 
 when owned by a married man, the wearing apparel, and 
 such necessary beds, bedding, and household furniture, as 
 may be necessary for the family ; one horse, one cow and 
 calf, farming tools, &c., if the person is a farmer. 
 
 Interests in land, goods and chattels, slaves, rights and shares 
 in an incorporated company, bills or evidences of debt issued 
 by any moneyed corporation, may be taken and sold, after no- 
 tice has been given by advertisement, for at least twenty days. 
 
 TO 9
 
 98 RECOVERY OF DEBTS IN DISTRICT OF C. k FLORIDA. 
 
 DISTRICT OF COLUMBIA. 
 
 The laws of Maryland, as they existed in 1801, continue 
 in force in the District, unless where modified or repealed by 
 Acts of Congress. 
 
 No person can be held to bail in any civil suit, unless an 
 affidavit, filed by the plaintiff, or his agent, stating the amount 
 he believes to be due, and that the debt was contracted by 
 fraud or false pretences, or that the defendant is concealing 
 or has concealed his property, in the District or elsewhere, 
 or is about to remove the same, or his residence, or abscond 
 in order to evade the payment of his debt. 
 
 Imprisonment for Debt. No person can be held to bail, or 
 imprisoned, in any civil action, where the debt, exclusive ol 
 interest and costs, is less than fifty dollars, or where he has 
 been held to bail, or where the plaintiff, after judgment has 
 been rendered in his favor, shall make oath that the defendant 
 has conveyed away, or otherwise disposed of, or has or is 
 about to remove, his property, with intent to hinder or delay 
 the recovery or payment of his debts. 
 
 Insolvent Law. A debtor in prison may petition for re- 
 lief, and on surrendering his poperty, under oath, to his cred- 
 itors, may take the benefit of the act, if he shall not be found 
 guilty of deceit, or fraud, or lost within one year $300 by 
 gaming, or within the same time, assigned or conveyed any 
 of his property with intent to give a preference. 
 
 FLORIDA. 
 
 An action is commenced in this State by suing out process, 
 either against the person or estate of defendant. 
 
 If process is commenced against the person of the defend- 
 ant, this is done by delivering to the clerk of the court, in 
 which the suit is to be commenced, a memorandum contain- 
 ing all the facts necessary to make out a writ and declaration 
 at common law. 
 
 In some cases, where the oaths of two respectable persons- 
 are made that they have good reason to believe that the de- 
 fendant intends withdrawing or concealing himself, a valid 
 service may be made on Sunday. 
 
 All debts or demands mutually existing between the par- 
 ties at the commencement of the action, whether the same be 
 liquidated or not, are made pioper subjects of set-off. 
 
 The body of a defendant cannot be taken for payment of 
 money, except it be for fines imposed by lawful authority. 
 
 The apparel, bedding, and kitchen furniture of every fam- 
 ily are exempt from execution, attachment, and distress. 
 
 The property of every actual housekeeper is made exempt 
 to the extent of one hundred dollars. 
 
 A writ of attachment is not allowed in this State except on
 
 RECOVERY OF DEBTS IN WISCONSIN. 99 
 
 affidavit of party applying therefor that the debt or demand 
 is actually due, and that the defendant is or intends removing 
 or absconding, or fraudulently disposing of his property ; and 
 the plaintiff is obliged to give bond, with good and sufficient 
 sureties, that he will pay all damages sustained by the defend- 
 ant, if said writ of attachment has been improperly sued out. 
 
 A writ of attachment may be sued out on affidavit, when 
 the debt will become due within nine months from the time of 
 application for said writ, the plaintiff giving bond as in or- 
 dinary cases. 
 
 On proper affidavit, a writ may issue at any stage of the suit. 
 
 The process of garnishment cannot be resorted to in this 
 State until after judgment rendered but no summons will 
 be issued until the plaintiff or his agent has made affidavit 
 that he does not believe that the defendant has sufficient avail- 
 able property to satisfy the judgment against him. 
 
 WISCONSIN. 
 
 Attachment may issue from the county and circuit courts, 
 when the.debt exceeds one hundred dollars, against the prop- 
 erty of the debtor, if the plaintiff shall make affidavit that the 
 defendant is justly indebted to him, the amount of the debt 
 over and above all set-offs, and that he has absconded, or 
 is about to abscond, or is concealed, or has assigned, dis- 
 posed of, or concealed, or is about to conceal his property, 
 or has removed, or is about to remove his property, with intent 
 to defraud his creditors, or fraudulently contracted the debt, 
 or is not a resident of the state, or is a foreign corporation. 
 
 In justices' courts, under similar circumstances, an attach- 
 ment may issue, when the amount due, as stated in the affi- 
 davit, exceeds five dollars, and not more than fifty. Property 
 attached is to be appraised by two disinterested freeholders. 
 
 Execution can be levied against personal property, gold 
 and silver coin, bank bills, or other evidences of debt issued 
 and circulated as money. 
 
 Imprisonment for Debt. The Constitution abolishes im- 
 prisonment for debt, arising out of, or founded on a contract. 
 
 Insolvent Law. A debtor, on making affidavit that he has 
 " not disposed of, or made over any part of his property for 
 his future benefit, or to defraud his creditors, and that he has 
 not acknowledged a debt for a greater sum than he honestly 
 owes, nor paid, nor compounded with any of his creditors," 
 is discharged from his debts. All the creditors, who think 
 fit to become parties to the conveyance, share alike in propor- 
 tion to their respective claims. 
 
 Exemption. Family bible, pictures, school books or libra- 
 ry, pew in church, rights of burial, apparel of debtor and 
 family, beds and bedding, stoves, and household furniture not
 
 100 RECOVERY OF DEBTS IN IOWA & TEXAS. 
 
 exceeding $ 200 ; two cows, one yoke of oxen, and a horse ; 
 or instead of them, a span of horses ; ten sheep and the wool, 
 food for the stock one year; one wagon, cart, or dray; one 
 sleigh, one plough, one drag ; and other farming utensils not 
 exceeding $50 ; provisions and fuel for family for one year ; 
 the tools of a mechanic not exceeding $200 ; library of pro- 
 fessional man not exceeding $ 200. 
 
 Homestead. Forty acres of land, used for agricultural 
 purposes, with the dwelling-house ; or town lot, not exceed- 
 ing in value $ 1000, with dwelling-house thereon. 
 
 Redemption. The debtor may redeem real estate in two 
 years, on paying the amount bid, and ten per cent. Judgment 
 debtor may redeem land within two years, on paying the 
 amount bid, and seven per cent. Any of his creditors may 
 do the same within three months next ensuing. 
 
 IOWA. 
 
 Attachment. An attachment may issue, upon affidavit be- 
 ins made by plaintiff that the debtor is a non-resident of the 
 State, or that he is about to remove, or dispose of .his prop- 
 erty, or that he has absconded, or is about to abscond, or 
 that he has property not exempt from execution, which he 
 refuses to give in payment of the debt, or as security. Cred- 
 itor must give a bond to respond to damages, if suit is decided 
 against him. 
 
 Exemptions. Wearing apparel with trunks ; musket or 
 rifle ; tools, instruments, and books used in the business or 
 profession ; horse and wagon used by a professional person ; 
 libraries, family bibles, portraits and paintings ; a pew, and 
 burying ground, If the debtor be the head of-a family, there 
 is a further exemption of a cow and calf, horse, fifty sheep, 
 and the wool, five hogs and the pigs, and food for sixty days ; 
 flax, 100 yards of cloth ; furniture not exceeding $ 100 ; bed 
 and bedding for every two in the family, and provisions and 
 fuel for six months ; and the earnings of the debtor within 90 
 days next preceding the levy. 
 
 Homestead. If within a town half an acre with dwelling- 
 house. If not, it is limited to forty acres ; but its value must 
 not exceed $ 500 . 
 
 Imprisonment for Debt . The Constitution does not allow of 
 imprisonment for debt in any civil action on mesne or final 
 process, unless in case of fraud. 
 
 TEXAS. 
 
 Attachment. An attachment may issue, upon affidavit be- 
 ing made by plaintiff, or his agent or attorney, of the amount 
 of the debt, and that his debtor is not a resident of the state, 
 or that he is about to remove himself or his property out of 
 the state, so that process of law cannot be served on him,
 
 RECOVERY OF DEBTS IN CALIFORNIA. 101 
 
 and plaintiff probably lose his debt. The attachment may 
 be made even if the debt is not due. Improved lands are not 
 to be taken, unless the personal property and unimproved 
 lands prove insufficient to satisfy the demand. Defendant 
 may retain possession of slaves, and other personal property, 
 by giving bond, conditioned for their forthcoming on the day 
 of sale. 
 
 Homestead exempted from execution consists of fifty acres 
 of land in the country, or land and house in town, city, or 
 village of the value of $ 500. Articles of household neces- 
 sity, not exceeding $ 200 ; implements of husbandry, $ 50 ; 
 tools, books, one year's provision, &c., are also exempted. 
 
 Imprisonment for debt is not allowed , except in cases of 
 fraud, avoidance, or concealment. 
 
 Personal actions are limited to two years. Actions of debt 
 on contract, in writing, to four years. 
 
 CALIFORNIA. 
 
 Attachment. A writ of attachment may be sued out 
 against the property of the debtor, upon affidavit being made 
 by the creditor, his agent, or attorney, that the debtor is in- 
 debted to plaintiff in the sum of two hundred dollars, or 
 more, stating the amount, above all legal set-offs, and that 
 he has reason to believe that he has absconded, or intends 
 to abscond from the state, or is concealed ; or has removed, 
 or is about to remove his property, or has conveyed, assign- 
 ed, or disposed of, or is about fraudulently to convey or con- 
 ceal the same, to the injury of, and with intent to defraud 
 his creditors. Bond is required of the plaintiff, to pay all 
 damages, if suit be decided against him. Attachment may 
 issue, on affidavit of plaintiff, though debt is not due. In the 
 matter of attachment, the demand must grow out of a Cali- 
 fornia contract, though the debtor or creditor be a citizen or 
 foreigner. 
 
 Arrest of Debtor. The Constitution provides that no per- 
 son sh'all be imprisoned for debt, in any civil action on mesne 
 or final process, unless in case of fraud. 
 
 Homestead. Land with dwelling-house, not exceeding 
 $ 5000 to be selected by the debtor ; and also personal prop- 
 erty. If the head of the family die, the same benefits accrue 
 to wife and children. 
 
 Real estate sold on execution, can be redeemed in six 
 months after sale, by paying the amount for which it was 
 sold, with eighteen per cent, interest on the amount. 
 
 When debtor is arrested, the officer must notify the plain- 
 tiff, and defendant can demand a trial within three hours ; 
 and in case of delay of more than three hours, not caused by 
 another trial, the defendant is discharged. 
 
 TG 9*
 
 102 DEFENCE OF DEBTOR. 
 
 DEFENCE OF DEBTOR. 
 
 IN the contracting of a debt there must be, at least, two contracting par- 
 ties. And as no man can be made a contracting party without his free will 
 and consent ; so no man can, except with his consent, or by his own act 
 or default, (or that of his agent, which is in fact his) become debtor to ano- 
 ther. 
 
 A debt may be admitted to be wholly due, and yet the party making the 
 admission may refuse to pay it , on the ground that he has a claim against 
 the other party which he is entitled to set-off against it. If the amount of 
 the set-off does not equal the demand, then he is justifiable, in setting off his 
 claim against that made against him, and paying or tendering the balance. 
 
 The amount of a debt may be admitted, and yet the party refuse to pay 
 it, on the ground that it is not due, the time when it was to be paid not hav- 
 ing elapsed. 
 
 Where a debt is disputed in part, but a portion of it admitted, the objec- 
 tion to the disputed part may either be mentioned and stated to the party 
 claiming it, and an offer made to pay the amount admitted ; or it may, in 
 some cases, and under certain circumstances, be prudent to slate generally 
 (without stating the grounds of objection) that the portion disputed will not 
 be paid, but offering to pay the admitted amount. Care must be taken, 
 where a portion of an account or of a demand is objectionable, not to make 
 a general promUe of payment of the account in demand, but to limit such 
 promise to the unobjectionable portion. So, also, it is advisable where an 
 account has been rendered, to parts of which objections are entertained, 
 not to retain the account so rendered for a length of time, without express- 
 ing a dissent from its correctness. As, in some cases, the fact of an accep- 
 ance of such account, and keeping it for a length of time without stating 
 ^ny objection, may be considered an admission of its correctness. 
 
 The grounds on which a total denial of a debt may rest are : 
 
 Istly, The debt so denied to be due may never have existed, or may never 
 have been contracted by the party from whom payment is sought. 
 
 '2nrlly. As it may have been at one period a bonafide subsisting debt, but 
 lapse of time may legally (we do not say morally) justify a denial of and 
 refusal to pay it. 
 
 Srdly, It having been a good and subsisting debt, the laches (that is neglect) 
 of the creditor may (by operation of law) have extinguished it. 
 
 \thly. Or it may be a demand to which the person from whom it is claimed 
 may apparently be liable, but which the law does not recognise, and the 
 amount of which cannot be enforced for want of consideration, or in con- 
 sequence of the transaction out of which it arose being illegal. 
 
 Claims which are frequently denied, are made against a party for the 
 amount of goods or articles supplied to another upon the recommendation 
 or introduction of such party. When and under what circumstances a 
 person may be liable for the debt of another has already been slated, (p. 44.) 
 
 Where a party promises to pay when convenient, if it be proved that he is 
 able to pay, the law will consider ability as amounting to convenience, and 
 judgment will be given accordingly. 
 
 Cases may arise in which, under certain circumstances, a prudent con- 
 sideration for one's pocket may induce the settlement of a demand, though 
 no legal liability may exist ; a* where a suit is brought, and it will cost 
 the party more to contest it, even if he gains his case, than the amount 
 claimed. 
 
 The party making the claim, must prove it. If the creditor proves his 
 claim, and the debtor seeks to justify his non-payment or non-performance, 
 upon any grounds, he must be prepared to prove them. 
 
 As, when a party is sued for a sum of money for goods sold, the proof of 
 the purchase and delivery will entitle the creditor to a verdict ; but if a 
 credit of a certain period were given, and that period be not elapsed at the 
 time of the action brought, that will be matter for the debtor to prove. 
 
 So, in an implied contract, if an action be brought against a carrier for 
 non-delivery of a parcel, proof of the parcel having been given into his charge, 
 that a consideration either was or was not to be paid for its delivery, and 
 the non-delivery, together with the value, will be sufficient on the part of 
 the party seeking to enforce payment. 
 
 The non -deli very may have been caused by accident, or by the act of 
 God, and through no negligence of the carrier : this must be proved on his 
 part.
 
 AFFIDAVITS. 103 
 
 Where ihe debt is barred by the statute of limitations, this must be shown 
 and taken advantage of by the debtor. 
 
 So, proof of such neglect on the part of the creditor, as would in law ex- 
 tmguish the debt, or other proof, such as having looked to and dealt with 
 a principal, where there was a surety, by which the surety was discharged. 
 is proof on the part of, and to be made by, the party sought to be rendered 
 liable. 
 
 Where it is contended that no consideration existed for a debt, that fact, 
 being pleaded, throws the burthen of proof (in law) on the part of the per- 
 son suing or seeking to enforce his claim. 
 
 Illegality of consideration must be shown and proved by the defendant 
 or party sought to be made a debtor. Where a certain portion of a demand 
 has been admitted and offered to be paid, and rejected, and an action brought 
 to recover the full amount, the debtor will have (if desirous of savin g him- 
 self from costs) to prove the actual sum tendered to the creditor. 
 
 On the subject of tender, we may observe that the exact amount intended 
 to be offered and paid should, (without any qualification, such as " \fyou will 
 take this in full Iwillpay you," or " take this and give me a receipt in full,") 
 be tendered, that is, produced, in bank notes, gold, silver, and copper, and 
 held out to, shown and offered to the creditor, or his attorney, in the pres- 
 ence of a disinterested witness. 
 
 Supposing a debt to have been established, defence is at an end ; and it 
 then becomes the interest of the debtor to settle it in the most beneficial and 
 favorable manner to himself, and on the best terms he can make, keeping it 
 always in view that his creditor has the means of enforcing it against him. 
 And, also, recollecting that where a bonafide debt really subsists, any at- 
 tempt at denial of it, or defence for the purpose of gaining lime, only adds 
 costs and expense, which must ultimately fall on him. 
 
 PART III. 
 
 COMMERCIAL AND DOMESTIC LAWS. 
 
 AFFIDAVITS. 
 
 An affidavit is an oath in writing, signed by the party deposing, sworn 
 before, and attested by, the person who has authority to administer the 
 game. The place of abode, and the addition of the person making such 
 affidavit, should be annexed thereto, and should be full, certain and positive. 
 
 Affidavits and oaths, when authorized by law, may be taken in the same 
 manner that oaths and affirmations are administered in open court, and 
 they may be taken before an; magistrate authorized to administer oaths, 
 unless where the statute makes other provision. 
 
 Affidavit of demand againt a Non-Resident Debtor. 
 
 COMMONWEALTH OF , County of ss. 
 
 Before me, Benjamin H. Currier, Esquire, Commissioner in and for the 
 
 taid Commonwealth, appointed by the governor of the State of to 
 
 take the acknowledgment and proof of deeds and other wrilings under 
 
 seal, to be used or recorded in the said State of , and to administer 
 
 oaths and affirmations, came I. R. B , of , in the conntyof , and 
 
 Commonwealth aforesaid, who being by me duly sworn, deposes and says 
 
 that IL R. A., lately of said , but now resident of , in the oounly 
 
 of , and Slate of , is justly and bona fide .indebted unio him, the 
 
 aid I. R. B., in the just and full sum of fifty seven dollars and fifty cents. 
 and that he has given credit to laid H. R. A. for all payment* and off-sett
 
 104 REPOSITIONS. 
 
 to which he is entitled, and that the balance claimed is justly due, according 
 to the foregoing account, and that said account is correctly stated. 
 
 Sworn and subscribed this day I. R. B. 
 
 of , A.D. 1851. Before me, BENJAMIN H. COURIER, 
 
 Commissioner for the State of 
 
 Affidavit for Goods sold and delivered. 
 
 STATE OF , County of ss. 
 
 A. B., of , in said county, being duly sworn, deposes and says, that 
 
 C. D., of , in the county of , and slate of , is justly and truly 
 
 indebted unto him, this deponent, in the sum of dollars, for goods sold 
 
 and delivered by him to the said C D., and that he has given credit to the 
 said D. for all payment* and off-sets to which he is entitled, and that the 
 balance claimed is justly due, according to the foregoing account ; and that 
 said account is correctly stated. A. B. 
 
 Sworn and subscribed this ninth day of , A. D. 1851. Before me, 
 
 B. H. C., Commissioner for the State of . 
 
 Affidavit of Goods sold and delivered, when made by a Clerk. 
 
 STATE OF , County of , ss. 
 
 A. B , of , in said county, being duly sworn, deposes and says, that 
 
 E. P.. of , in the county of , and state of , is justly indebted 
 
 unto the said C. D. for goods sold and delivered to the said E. F., which 
 goods were packed and delivered to him by this deponent. And this de- 
 ponent further saith, that the account hereto annexed was duly copied 
 from the books of the said C. D., and examined by him, this deponent, and 
 that full credit has been given said E. F. for all payments and off-sets to 
 which he is entitled, and that the balance claimed is justly due, according 
 to the foregoing account, and that said account is correctly stated. A. B. 
 
 Sworn and subscribed this ninth day of A. D. 1851. Before me, 
 
 B. H. C., Commissioner for the State of . 
 
 STATE OF , County of , ss. 
 
 A. B., of , in said county, being duly sworn, deposes and says, that 
 
 he is the owner (or shipper) of the coal mentioned and described in the 
 
 within copy of the clearance of the boat , and that the actual weight 
 
 of the same is therein truly stated, at thousand pounds. A. B. 
 
 Sworn to before me, this day of , 1851. 
 
 O. H., Collector of Tolls at . 
 
 STATE cV , County of , as. 
 
 Personally appeared the above-named A. B., and made solemn oath, 
 [or solemnly affirmed] that the foregoing declaration [certificate, &c., as the 
 case may bel by him subscribed, is true. A. B. 
 
 Sworn to before me, this day of , 1851. 
 
 C. D., Justice of the Peace. 
 
 STATE op , County of , ss. 
 
 A. B. and C. D., of , being by me severally sworn, depose and sajr, 
 
 and each for himself deposes and says, that the facts stated and set forth m 
 the foregoing ceitificate by them signed, are true. A. B. 
 
 Sworn to before me, this day of , 1851. C. D. 
 
 G. H., Justice of the Peace. 
 
 STATB OF , County of , ss. 
 
 A. B., of , being duly sworn, says that the facts set forth in the above 
 
 petition, subscribed by him, are true. A. B. 
 
 Sworn to before me, this day of , 1851. 
 
 G. H., Justice of the Peace. 
 
 DEPOSITIONS. 
 
 Depositions taken under a Commission. 
 
 IN taking a deposition under a commission, the magistrate should care- 
 fully observe the directions and regulations of the Court from which the
 
 INSOLVENCY. 105 
 
 commission issues, which are usually embraced in the commission or sent 
 pul with it Many Courts have established particular rules to be observed 
 in executing Commissions ; and in some Stales such rules are provided by 
 statute ; and care should be observed to follow the statutes regulating the 
 manner of taking the same, of the Slate where they are to be used. In all 
 cases in taking depositions the oath is liist to be administered to the depo- 
 nent, as follows : 
 
 Oath. 
 
 You solemnly swear [or affirm] that in answer to the interrogatories and 
 cross-interrogatories that maybe put to you from this commission, you 
 will tesiify the truth, the whole truth, and nothing but the truth. So help 
 you God. 
 
 [The deposition is usually commenced in this form.] 
 
 I, A. B., of , in the county of , and state of , gentle- 
 man, of the age of years, on oath depose and say, in answer to the 
 
 several interrogatories Mid cross-interrogatories annexed to the foregoing 
 commission, as follows, viz: 
 
 " To the first interrogatory, I answer, Ac. 
 
 " To the second interrogatory, 1 answer, 4c. 
 
 After the answers are reduced to writing, the deponent will sign them. 
 
 Sometimes by the requisition of the Commission, or by the custom of the 
 State, the deponent may be sworn after his testimony is reduced to writing 
 and signed ; and then the oath may be as follows : 
 Oath after signing. 
 
 You solemnly swear that ihese answers, by you subscribed, to the sev- 
 eral interrogatories which have been submitted to you, contain the truth, 
 the whole truth, and nothing but the truth, relative to the matters inquired 
 of. So help you God. 
 
 Return of Commission taken from State Court. 
 
 STATE OF , ss. 
 
 On this day of , in the year , by virtue of the foregoing 
 
 commission, I caused the above named A. B., the deponent therein men- 
 tioned, to come before me , in the said county of , and he being 
 
 then and there duly cautioned and sworn to testify the truth, the whole 
 truth, and nothing but the truth, in answer to the several interrogatories 
 and cross-interrogatories thereto annexed, gave the foregoing answers, by 
 him subscribed in my presence, and the same were by me reduced to wri- 
 ting in his presence. 
 
 E. F., Commissioner of the State of . 
 
 INSOLVENCY. 
 
 IN many of the States, provision ;s made whereby an insolvent debtor 
 upon the surrender of all his property, may obtain a discharge from his 
 debts and liabilities. 
 
 Insolvency may be of two kinds, voluntary and involuntary. Voluntary 
 insolvency is where the debtor desires to avail himself of the insolvent 
 laws, and petitions for that purpose : and involuntary, is where his cred- 
 itors force him into insolvency. 
 
 The circumstances which will entitle a debtor or his creditors to resort to 
 the aid of the insolvent laws, are, of course, in some degree peculiar to 
 each Stale. Generally, in canes of voluntary insolvency, the debtor must 
 owe a certain amount, and his petition to be declared insolvent must set 
 forth that he is indebted to that amount, and that he is unable to pay the 
 same. The usual grounds upon which a creditor petitions to have his 
 debtor declared insolvent, and his property taken possession of and dis- 
 tributed among his creditors, are, that the debtor has fraudulently secreted 
 or conveyed away his properly or that he has suffered it to be attached and 
 to remain so for a certain length of time without dissolving the same, &c. 
 
 The proceedings in insolvency are had before commissioners in insol- 
 vency, or masters in chancery, as they are called, appointed for that pur- 
 pose. The proceedings are commenced by petition, in which the debtor or 
 creditor sets forth the facls upon which liU prayer for relief is founded. 
 Upon the petition of the debtor, no proof or examination is ordinarily hud.
 
 106 ACKNOWLEDGMENT OF DEBT. 
 
 to ascertain the truth of the facts set (brth, hut the commissioner immedi- 
 ately issues a warrant to the messenger to take possession of the debtor's 
 property, and to call a meeting of hi* creditors. Where, however, a cred- 
 itor petitions to have his debtor declared insolvent the commissioner does 
 not issue a warrant until satisfied by proof that the facts set forth in the 
 petition are true, and ordinarily, not unlil notice has been given to the 
 debtor to appear and show cause, if any he has, why he should not be de- 
 clared insolvent. 
 
 The first step taken by the commissioner, in a case properly before him, 
 is to issue a xvarrant directing a messenger to take possession of all the 
 debtor's property, and to call a meeting of his creditors. 
 
 At the first meeting of the creditors, an assignee is appointed, to whom 
 the commissioner assigns all the debtor's properly, and who thereupon be- 
 comes clothed with all the powers requisite to sell, dispose of, collect, and 
 reduce to money, all the property of the debtor, and whose duly it is to call 
 meetings of the creditors, whenever ordered solo do by the commissioner, 
 to collect and dispose of the property in n discreet and prudent manner, 
 and to do such other acts as by law are imposed upon him. 
 
 The right of the debtor to a discharge from his debts varies in different 
 States. In some, an honest debior may be entitled to a discharge, although 
 the per ceniage paid upon his estate be never so small ; in others, the debtor 
 must pay a certain per centage of his debts, or he will not be able to obtain 
 his discharge ; in other, he must pay a certain per ceniage, or obtain the 
 assem of a majority of his crediiors to his discharge. The law also varies 
 in eases where a party is a second or third lime insolvent, rendering it more 
 difficult in such cases for the debtor to obtain his discharge lhan in the first 
 instance of insolvency. 
 
 Where a debior has been guilty of any fraudulent conduct in regard to 
 his properly, within six months or a yenr of the time when application to 
 the commissioner is made, he will not be entilled lo his discharge ; and in 
 some States, if he has paid or secured a pre-existing debt within a year 
 prior to his being declared insolvent, having reasonable cause, at the time, 
 to suppose himself insolvent, his discharge will 1101 be granted. 
 
 The insolvent laws of any Slale can only bo made to apply to all con- 
 tracts made within the State between citizens of the Stale ; they cannot be 
 made to apply to contracts made within the State, between a citizen of the 
 Slate and a citizen of another Stale ; nor to contracts not made within the 
 State. But if a creditor out of the Stale volunlarily makes himself a party 
 to the proceedings under the insolvent laws of a State, and accepts a divi- 
 dend, he is bound by his own act, and is deemed lo have waived his extra- 
 territorial immunity. 
 
 Oath adminiftf.red to a creditor to prove a claim, 
 
 " I, A. B.,do swear that C. D., of , by [or against,] whom 
 
 proceedings in insolvency have been instituted, at and before the 
 date of such proceedings was, and still is, justly and truly in- 
 debted to me in the sum of , for which sum, or any part 
 
 thereof, I have not, nor has any other person to my use, to my 
 knowledge or belief, received any security or satisfaction what- 
 ever, beyond what has been disposed of agreeably to law. And 
 I do further swear, that the said claim was not procured by me 
 for the purpose of intluencing the proceedings in this case. 
 
 In Massachusetts the alxn-e oath may be administered by any justice of 
 the peace, where the creditor resides, if more lhan five miles from ihe place 
 of meeting of the creditors, which may be enclosed in an envelope, and 
 tent to the Commissioner or Assignee. 
 
 ACKNOWLEDGMENT OF DEBT. 
 
 Debtor may bind himself by arknowlrdgment. Any person who is by law 
 capable of binding himself by a common bond, may enter into a recogni- 
 zance for the payment of any debt that he may owe, and may Ihereby sub- 
 ject his person, and his goods and estate, to be taken in execution for such 
 debt.
 
 ARBITRATION. 107 
 
 Form of the Acknowledgment. 
 
 Be it remembered, that on this day of A. B.of 
 
 personally appeared before , and acknowledged himself to 
 
 be indebted to C. D. of in the sum of to be paid to the 
 
 said C. D., on the day of , [or, in years or in 
 
 months, from this day,l with interest from this day ; and 
 
 if not then paid, to be levied upon his goods and chattels, [lands 
 and tenements,) and for want thereof, upon his body. In wit- 
 ness whereof the said A. B. hath hereto set his hand and seal. 
 
 In presence of A. B. (L. s.) 
 
 Provision ax to Intrrtst.The clause, as to the payment of interest, may 
 be altered or wholly omitted, according to the agreement of the parties, but 
 interest is usually allowed for ihe delay, if any, after the lime of payment, 
 unless the acknowledgment contains an express agreement to ihe contrary. 
 
 Effects and remedies-. In its effects and in the remedies for any wrongful 
 proceeding under it, an acknowledgment is like an ordinary judgment of 
 court. 
 
 If the debtor do not appear in person, and acknowledge the debt, he 
 may empower his creditor to confess judgment, as follows : 
 
 "I, A. B., have (his day purchased of C. D. goods amounting to the sum 
 of $500-00, for which goods 1 agree to pay him in three months from dale. 
 An<l in case of default of my payment x>f the same wiih punctuality, 1 here- 
 by empower C D., [or any iitlorney al law appoinled by him,j to appear 
 belore any Court of Record [or before any justice of the peace] in the coun- 
 ty of , and slate of , and to confess judgment on said debt, in the 
 
 payment of which I may be delinquent. 
 
 " Witness my hand and seal, this 1st day of May, A. D. 1&51. 
 
 "A. B. (L. s.) 
 
 " Witnets," 
 
 Note with Power. 
 f B , Jan. 1,1851. 
 
 Six months after dnte I promise to pay to the order of C. D dollars, 
 
 for value received, with interest. And 1 do hereby constitute and appoint 
 C. D., | or any Attorney al Lnw appoinled by said C D.,] in my name and 
 
 behalf, to appear in any Court of , [or before any Jusuce of ihe 1'eace,] 
 
 in the Stale of , at any time after this obligation becomes due, and to 
 
 confess judgment in favor of the holder of this obligation, for the aliove sum, 
 interest and costs. 
 
 Witness my hand and seal, this day of , one thousand eight 
 
 hundred and . A. B. [L. s.J 
 
 Seated and delivered in pretence of 
 
 The difference between a sealed note, and one without a seal is, that 
 the former is not barred hy the statute of limitation. T)- Creditor, by ob- 
 taining an acknowledgment of the debt, gets rid of the delay and expenses 
 incident to a suit at law ; and would probably .secure his demand if he 
 should levy execution, previously to his debtor's availing himself of the 
 insolvent law ( For more, on the same subject, See Business Man's As- 
 sistant, page 58.] 
 
 ARBITRATION BY REFERENCE. 
 
 Persons who might maintain or defend a suit al law or in chancery, for 
 a mniler not affecting TCH! estate, may submit their controversies to arbitra- 
 tion by a reference made by themselves, pr their attorneys, before a justice 
 of the peace, or other constituted aulhorily. 
 
 Form of Submission, and Certificate. 
 
 Know all men, that A. B., of , and ('. D., of , have 
 
 agreed to submit the demand, a statement whereof is hereto 
 annexed, [and all other demands between them, as the case 
 may b. ,] to the determination of E. F., G. H., and I. J., the 
 awtfl of whom, or the greater part of whom, being made and
 
 108 REPLEVIN. 
 
 reported within from this day to the court of 
 
 for the county of , the judgment thereon shall be 
 
 final ; and if either of the parties shall neglect to appear before 
 the arbitrators, after due notice given them of the time and 
 place appointed for hearing the parties, the arbitrators may pro- 
 ceed in his absence. Dated this , day of , in the year 
 
 A. B. (L. s.) 
 
 C. D. (L. s.) 
 
 This reference may be of " all demands," or of any specific claims or 
 controversies, described so as to show what is the subject of the reference, 
 or it may be varied in any other manner, according to the agreement of 
 the parties. 
 
 Neither party may revoke the submission without the consent of ihe other ; 
 and if either party neglect to appear, after due dotice, the arbitrators may 
 proceed to hear and determine the cause, upon the evidence produced by 
 the other party. 
 
 All the arbitrators shall meet and hear the parlies, but an award of a ma- 
 jority shall be valid, unless otherwise required in the submission. 
 
 The timt limited/or making and reporting the award maybe determined 
 by the parties, but an award made and reported after the time limited in the 
 submission, will not be binding unless recommitted by the court, to which 
 it may be returned and again reported. 
 
 The award shall be enclosed and sealed, by the arbitrators, and transmit- 
 ted by one of them to the court* designated in the agreement. 
 
 Costs of S'rvices of arbitrators Arbitrators, if the submission does not 
 otherwise provide, may award costs at their discretion, including compen- 
 sation for their own services, but the court may reduce the award of com- 
 pensation for services of the arbitrators, if unreasonable. 
 
 Jiviifment of the covrt. If the proceedings are regul tr, and there be no 
 fraud in the arbitration, the award will gent-rally he confirmed, and execu- 
 tion will issue for the amount, but for any legal and sufficient reason the 
 court may reject the award, or recommit it to the same arbitrators for a re- 
 hearing. 
 
 * The parties may consent to open the award, and abide by its decision, 
 without presenting it to th court, by signing the following agreement: 
 
 , ss. B , Nov. 3,185-. We the subscribers individually agree 
 
 to open the within Award, and to abide by the decision of it, the same as 
 
 if opened in Court. C. D., Pres'l 01 Ins. Com. 
 
 A. B., Party Insured. 
 
 [See " Business Man's Assistant" for forms of Bond of Submission, 
 and Award of Referees.] 
 
 KEPLEVIN. 
 
 WHEX any goods, of the value of more than 
 
 ing tendered the sum due cm the mortgage, with all reasonabl 
 ful charges, expenses, &c.. shall refuse to deliver up the same.
 
 OFF-SET, OR SET-OFF. 109 
 
 OFF-SET, OR SET-OFF. 
 
 WHEN ihere are mutual debts or demands between the plaintiff and ae 
 fendant in any action, one demand may be aet off against the other in cer 
 lain cases, as follows : 
 
 The demand in set-off must be founded upon a judgment or contract, ex- 
 press or implied, and for a sum liquidated, or that may be ascertained by 
 calculation. A claim for wrongs and injuries done cannot, therefore, be 
 made the subject of set-off. 
 
 The demand in set-off must have existed at the commencement of th 
 suit, and be due the defendent in his own right. Thus, an administrator, 
 who has in his hands a distributive share of his intestate's estate, which 
 belongs to an insolvent debtor, cannot withhold it from the debtor's assignee 
 for the purpose of paying himself, by way of set-off, a debt due to him in 
 his own right, from such debtor. (0 Mete. 537.) If, however, the demand 
 was assigned to the defendant, with notice to the plaintiff of the assign- 
 ment, before the commencement of the action, it may be filed in set-oil by 
 the defendant. 
 
 The set off is allowed in all actions founded upon demands, which could 
 themselves be the subject of a set-off. 
 
 If the demand, on which the action is brought, has been assigned, and 
 the defendant had notice of the assignment, he cannot set-off any demand 
 that he may acquire against the original creditor, after such notice. 
 
 If there are several plaintiffs to the suit, no demand can be filed in set- 
 off, unless it be due from all of them jointly. So, if there are several de- 
 fendants, the demand to be filed by them in set-off, must be due to all of 
 them jointly. 
 
 The maker of a note payable on demand may, in an action on the note, 
 by an indorsee against him, file in set-off any demands which he may have 
 against the payee, and which he could have filed if the payee had brought 
 the action. (9 Mete. 307.) 
 
 In an action by the indorsee against the maker of a negotiable note in- 
 dorsed when over due, the maker can avail himself of any payments or off- 
 sets, or other matter of defence, which existed between himself and the 
 promisee, at the time of the actual indorsement and transfer of the note to 
 the holder. But he cannot file in off-set any claim against the promisee, 
 that he may acquire after the note overdue is indorsed, although he had no 
 notice of such indorsement. 
 
 In an action by an insurance company against an individual, the defend- 
 ant cannot file in set-off a claim for damages upon a policy of insurance, 
 for an alleged loss, when the claim is denied by the insurers, and the legality 
 of such claim is undecided, and the amount of damages wholly unliqui- 
 dated. 
 
 To entitle a defendant to a set-off, he must file a statement of his demands 
 in court or in the clerk's office, at the time at which the action is entered, or 
 within such further lime as the court shall, for special reasons allow, and 
 must give written notice to the plaintiff or his attorney. 
 
 \Vhere a person has a claim against a party suing him, which he cannot 
 avuil himself of by way of set-off, he should immediately commence suit 
 on the claim, and with the permission of the court, off-set one judgment 
 against the other. 
 
 Executions between the same parties may be get-off, one against the 
 other, in the following manner: The debtor can deliver his execution to 
 the same officer who holds the other execution, and he shall set-off one 
 against ihe other, and the balance due on the larger execution m.iy be col- 
 lected in the same manner as if there had been no set-off. Such set-off 
 cannot be made, unless the creditor in one of the executions is in the same 
 capacity and trust as the debtor in the other; nor can it be made where one 
 execution has been lawfully assigned before the creditor in the other exe- 
 cution becomes entitled to the sum due therein ; nor where there are seve- 
 ral creditors or debtors in one and not in the other ; nor shall it be allowed 
 as to so much of the first execution, as may be due to the attorney in that 
 suit, for his fees and disbursements. 
 
 TENDEB. 
 
 UOLD and silver are the only legal tender in this country; bank notes, 
 are considered a good tender, unless objection it made on t/uit account. 
 TO 10
 
 110 
 
 TENDER LIEN. 
 
 A tender may be made on any contract for the payment of money, at any 
 time before the issuing of the writ ; and it will he a good defence lo the 
 costs of suit and damages, and interest upon the debt after the tender is 
 made : but it is no defence to the debt. The money tendered for the debt 
 should be brought into court. 
 
 A tender may also be made, after an action is brought on such contract, 
 of the whole sum due thereon, with the legal costs of suit incurred up to that 
 time, provided it be made within the requisite time before the return day of the 
 original writ. The tender may be made to the plaintiff or his attorney, and 
 if not accepted, the defendant may plead such tender at the trial, bringing 
 into court the amount so tendered for the debt and costs. If the tender is 
 accepted, the plaintiff or his attorney shall give to the defendant a cerlifi- 
 cate, or notice thereof to the officer who has the writ ; and if any costs 
 are incurred by the officer after the tender, and before he has notice thereof, 
 the defendant must pay it. 
 
 The debtor must tender the whole amount of the debt, and all interest 
 and costs that may have accrued up to that time, as a tender of part only 
 is void, because the creditor is not bound to accept a part. Bui it would 
 "iem that a tender of a greater amount than what is due, is good, for what 
 4 actually due ; it is advisable, however, to tender the exact amount. If 
 there are several distinct sums, he may tender one of the sums, declaring 
 that the tender is made for that sum. 
 
 In making a tender, the money should be produced, and if possible, laid 
 down and counted in the presence of the creditor; and the tender must be 
 to pay it over immediately. But if the creditor expressly dispense with its 
 Vroduction, it need not be shown ; but it must clearly appear that he dis- 
 ^nsed wiih its production, and to avoid running any risk, it is always ad- 
 visable to produce it. 
 
 The tender must be absolute and unconditional, and it was held invalid, 
 where it was accompanied with a demand of a discharge of the party 
 making it. 
 
 LIEN, OE KETENTION. 
 
 A LIEN may be denned a right which one person has to detain tne 
 property of another on account of labor expended on that property, or for 
 the general balance of an account due from the owner. 
 
 As the common law imposes on certain trades, as innkeepers and carriers, 
 the obligation of accepting all employment offered within ihe limits of their 
 occupation, so, in return for this obligation, it entitles the party to a partic- 
 ular lien on the property as a remuneration for the trouble and expense 
 incurred in the execution of the purpose for which such property was 
 entrusted. 
 
 There appears to be no lien on a passenger, or the clothes he wears, 
 though there may be on his luggage. 
 
 But the general opinion appears to be, that the right of lien is not confined 
 to those trades which are under an obligation to accept employment from 
 all who offer it ; but that the remedy by detention extends to every trade 
 exercised for the benefit and advantage of the community. 
 
 Attorneys and solicitors have a lien for their costs on the papers of their 
 clients ; bankers, upon all securities in the way of trade ; brokers, factors, 
 and agents, on the property of their principals in possession, carriers have 
 a lien for the carriage price : innkeepers on the goods and properly of their 
 guests, for their food and lodging, and on their horses, for their keeping and 
 stabling ; insuranccbrokers have a lien for the general balance of their ac- 
 count on the policies effected by them for their principals ; lastly, millers, 
 packers, wharfingers, dyers, coachmakers, calico-printers, shipwrights, 
 tailors, and others, have all a lien on the goods respectively confided to 
 them in the way of business. 
 
 But as the right of lien is admitted for the benefit of trade, it is confined 
 in its operations lo trade only. It has been held that no lien lies for the 
 pasture of cattle, or the keep of a dog ; or where there has been a special 
 agreement to pay a certain sum for workmanship, in which case the 
 owner of the goods on which the labor has been bestowed can only be 
 made personally liable. 
 
 A right of lien gives no general right to sell goois, unless where there ia 
 an express stipulation to that effect, or where the goods are perishable
 
 GUARANTEE. Ill 
 
 In case, too, of the lien of cattle, it is admitted that they may be worked 
 as the owner would have worked them ; so also a cow must be milked. 
 
 Under the following circumstances the right of lien cannot be exercised : 
 
 1. If the possession of property has been obtained wrongfully or by misrep- 
 resentation. 2. If it has been entrusted solely on the personal credit of the 
 owner oi the lien, or delivered by an authorized servant or agent. 3. And 
 lastly, no lien can be acquired over property delivered by a bankrupt, or 
 one in contemplation of insolvency. 
 
 It is also material to remark, that if the holder of goods accept a specific 
 security in lieu, or voluntarily part with the possession of the whole, or 
 part of them, he afterwards loses all right of lien upon them. 
 
 Where a party has undertaken to perform labor in transporting goods, 
 and has performed but part of the service, he cannot hold the goods on the 
 ground of lien for what he has done. (9 N. H. 42.) 
 
 By the general maritime law. material men have a three-fold remedy for 
 supplies and materials furnished to a foreign ship : 1st, against the vessel ; 
 2diy, against the owners ; 3dly, against the master. The lien of material 
 men must be enforced within a reasonable time after the debt is due, or it 
 will not avail against a purchaser. (2 Story's R. 456.) 
 
 The mechanic has a hen upon articles repaired by him, for his labor and 
 materials, and may retain possession until he is paid. (2 N. Y. 628 .) 
 
 Nearly all the states have passed laws whereby persons furnishing mate- 
 rials or labor towards the erecting, or repairing of any dwelling house, 
 store, warehouse, or other building, have alien upon the same, and the 
 land upon which such building stands. A lien is also allowed, on ships, 
 steamboats, and other vessels, for labor performed, or materials used, in 
 the construction or repair of, or for provisions and stores, and other articles 
 furnished for, or ou account of, such vessel, which lien exlends to their 
 tackle, apparel, and furniture, and takes precedence of all other liens, except 
 mariners 1 wages. (See Lien Laws, in Business Man's Assistant, page 67.) 
 
 GUARANTEE. 
 
 A GUARANTEE (being in fact a promise), like all other promises, must be 
 founded on some consideration. From what has hereinbefore been said 
 on the subject of consideration, the advantage derived from having a gua- 
 rantee under seal, particularly if it is fora considerable sum, will be evi- 
 dent. Numerous undertakings, however, of this description, are entered 
 into by writing not under seal. 
 
 A matter of first moment for consideration, is, whether a proposed gua- 
 rantee is to be confined to a single transaction, or to extend to more than 
 one or to future transactions ; and to what precise amount or amounts it is 
 to be confined or extenaed ; or whether to be generally extended to all acts 
 and to any amount ; also, to what precise period of time it is intended it 
 shall extend, if to be prospective. [See Forms of Guarantee in Eusinett 
 Man's Assistant, p. 46.] 
 
 In entering into or giving a guarantee where no precise time is fixed, 
 within which it is to be determined, it should be provided that the party 
 giving or entering into it shall be at liberty to withdraw therefrom, upon 
 giving a reasonable notice. 
 
 Where a parly is guarantee for the due payment of a bill or note, if it be 
 not duly paid, notice ought to be given of its non-payment to the party 
 guaranteeing. 
 
 When a guarantee or undertaking to be answerable for the debt of ano- 
 ther is entered into, he who gives or enters into it ought to lake care 
 to be indemnified against loss, in ihe event of being called on to pay such 
 debt. Wild this view indemnities are given (frequently, but not alwaysor 
 necessarily, by bond), which are for the purpose of holding harmless him 
 who, under an undertaking to be responsible for the debt or engagements 
 of another, becomes chargeable with such debt, or liable to pay a sum of 
 money undersuch undertaking. The same rules and cautions may be 
 considered applicable to indemnities as have been mentioned, with refe- 
 rence to guarantees, with this difference only ; that a parly taking an in- 
 demnity ought to take care that it provides for the payment of interest on 
 any sum to be paid under the liability of the party to whom it is given, and 
 also all costs, charges, and expenses, which he maybe put to in consequence 
 or by reason of such liability
 
 112 GENERAL PARTNERSHIP. 
 
 GENERAL PAETNEESHIP. 
 
 To constitute a partnership, and to make a person liable as a partner) 
 there must be an agreement between him and his colleagues to share in all 
 risk of profit and loss; or he must have permitted them to use his credit, 
 andtoAo/rfAim out as jointly liable with themselves. In general all the 
 partners appear to the world, constituting what is called the house or firm. 
 
 A number of persons agreeing to subscribe sums of money for the pur- 
 pose of obtaining a bill in the legislature to make a canal or railroad are 
 partners in the undertaking. So, stage companies are liable as partners. 
 
 If there is no express stipulation as to the management of partnership 
 property, the majority must decide as to the disposition and management. 
 
 Each partner is not only entitled to his proportion of the partnership 
 estate, according to express agreement, or what he originally contributed, 
 but he has a lien upon it for any sum of money advanced by him to, or 
 owing to him from, the partnership ; but the joint property maybe validly 
 attacked for a separate debt of one partner, subject to the paramount claim 
 of the partnership creditors. 
 
 LIABILITY OF PARTNERS. In general, it may be stated, that the acts of 
 one partner in the way of sale, purchase, promise, or agreement, when per- 
 formed without collusion, and in violation of no public law, arfd in course 
 of the partnership business, are binding on the whole firm. And this res- 
 ponsibility of partners, for the acts of each other in the course of trade, 
 cannot be limited by any agreement, covenant or promise, in the articles by 
 which the partnership is constituted. 
 
 This principle is, however, subject to some qualification. If one partner 
 can show a disclaimer, he will be relieved from responsibility. Or, if there 
 be any particular speculation which he disapproves of, by giving distinct 
 notice to those with whom his partners are about to cqr.traci, that he will 
 not, in any manner.be concerned in it, they cannot have any claim upon 
 him, as proof of the notice would rebut his primaficie liability. Neitheris 
 there any joint liability for the debt of one partner, unless contracted in the 
 course of the partnership concern. So, if the partnership effects are taken, 
 and sold on an execution against one partner only, the sheriff is to pay 
 over to the other partners a share of the produce proportioned to their 
 shares in the partnership effects. 
 
 Though a small share in the business renders the shareholder a general 
 partner, and subjects him to the game responsibility as if he held a more 
 considerable share, yet a share in a ship, the copyright of a book, or other 
 specific object, does not constitute a general partnership : and, therefore, 
 the responsibility is limited to that particular object. 
 
 The acts of one partner, in drawing bills of exchange, indorsing such as 
 are payable to the firm, and making and indorsing promissory notes, when 
 they concern the joint trade, bind the firm. But it is otherwise if they con- 
 cern the acceptor only in a disjoint interest. 
 
 One who joins a partnership, does not, without special promise, become 
 bound by its previous debts. 
 
 One partner may maintain an action for money received against the 
 other partner, for money received to the separate use of the former, and 
 wrongfully carried to the partnership account. 
 
 One partner cannot sell, or mortgage his undivided interest in a specific 
 part of the property belonging to the partners. (11 N. H. 404.) 
 
 \yiien money is lent to part of the members of a firm, who give a note 
 for it in their own names only, the lender is not a creditor of the firm, al- 
 though the borrowers apply the money towards payment of debts of the 
 firm. (8 Met. 411.) But it is different if a partner borrow money, represent- 
 ing that it is to go to the use of the firm, and give their note for it ; they will 
 be bound, whether it is thus applied or not. 
 
 In case of BANKRUPTCY, the joint estate is first applied to the payment of 
 the partnership creditors, the surplus only going to the creditors of the sep- 
 arate estates. 
 
 DISSOLUTION OF PARTNERSHIP. By the death of one partner the part- 
 Bership is dissolved unless there is an express agreement for the transmis- 
 sion of an interest in the business to the deceased partner's family, or for the 
 continuation of it by his executor or administrator; or by will the continu- 
 ance is provided for ; and in making this provision, the whole estate, or 
 all that portion of it already embarked, may be bound. 
 
 Where the partnership is special, or formed for a single dealing or trans- 
 action, as soon as that is completed the partnership is at an end of course. 
 Bat where a general partnership is entered into, for an unlimited time, it
 
 LIMITED PARTNERSHIP. 113 
 
 may be put an end to at any time by either of the parties, so that he does 
 not break off with some sinister view. 
 
 A partnership may be dissolved by the expiration of the time for which 
 it was constituted, by award of arbitrators, by the insanity of one of the 
 firm, or by the gross misconduct of a partner, which will induce a court of 
 equity to annul the contract. 
 
 An advertisement in the newspapers is sufficient announcement of the 
 dissolution of partnership to those who have not had dealings with the 
 firm ; but to those who have, notice should also be sent. 
 
 If a partner, when he retires, draw out of the partnership stock all that he 
 had paid in, the house being insolvent at the time, he will be obliged to re- 
 fund to the creditors of the other partner. 
 
 LIMITED PAKTNEESHIP. 
 
 IN Maine, Massachusetts, New York, and in most of the states, laws 
 have been enacted permitting the formation of limited partnerships, for 
 the transaction of mercantile, manufacturing, and mechanical business, 
 by virtue of which a person or persons, may become interested in a busi- 
 ness, by furnishing funds to carry it on, and are not liable for the debts of 
 the firm beyond the amount of the funds so contributed. The following 
 are the general principles : 
 
 General and special partners. Such associations may consist of one or 
 more persons, jointly and severally responsible as general partners under 
 the common law of partnership ; and of one or more persons who shall 
 contribute a specific sum, in actual cash payment, as capital, but whose 
 personal liability is limited, and who are called special partners. 
 
 Certificate. The partners are required to sign a true certificate, usually 
 embracing nil the particulars contained in the following form, viz:. 
 
 AVe, A. B., of , and C. D., of , do hereby certify that we have 
 
 this day formed a limned partnership, for the purpose of carrying on the 
 
 druggist's business in , under the name and firm of A. B. ; that said A. 
 
 B. is a general partner, and said C. D. is a special partner, and has con- 
 tributed in cash, the sum of dollars, toward the common stock of said 
 
 copartnership Said partnership is to continue years from and after 
 
 the day of the date hereof, and is to terminate on the day of in tho 
 
 yrar . 
 
 In witness whereof we, the said , have severally sot our hands and 
 
 seals, this day of , in the year . A. B. (L. s.) 
 
 In presence of C. D. (L. B.) 
 
 The certificate should be acknowledged before a magistrate, or justice of 
 the peace, and be recorded where the partners have their principal place 
 of business, and should also be filed and recorded in all other counties, 
 where they have a place of business, and published such length of time in 
 one or more newspapers as the statute of the state may require ; and a 
 copy thereof certified by the register, should be filed and recorded. If any 
 false statement shall be made in the certificate, all persons interested in 
 the partnership become liable as general partners. 
 
 Ttie bu*infxs miift be conducted by the general partner only, in his own 
 name ; but if there be more than three, all the names are not required to 
 appear in the style of the firm. The special partners must not permit their 
 names to be used, nor make any contracts for the partnership. Legal pro- 
 ceedings must tiUo be entered into in the name of the general partner. 
 
 Tht rnpitnlffnck must not be reduced, by withdrawal or division of interest 
 or profits, below the amount staled in the certificate ; and if at any time the 
 assets of the partnership are insufficient to pay the debts, the special part- 
 uers will, as individuals, be held responsible to the amount of all the profits 
 .ney may have received, with interest thereon, from the time they were 
 withdrawn. 
 
 Di-'foluiinn, Iff. A limited partnership maybe dissolved by a notice 
 thereof, recorded nnd published in ihe same manner as the original certifi- 
 cate, and mny in like manner lie renewed or continued beyond the original 
 term by recording nnd publishing a new certificate. 
 
 In all casts in which special partners are not exempted from liability by 
 a compliance wiih the conditions of the law of limited partnerships, they 
 become general partners. 
 
 TO 10*
 
 114 LETTERS OF CREDIT. HUSBAND AND WIFE. 
 
 LETTEES OF CEEDIT. 
 
 New York, IGth July, 18. 
 Messrs. Barraud, Freres, bankers, Paris. 
 
 Gentlemen, We request the favor of your furnishing the bearer, Mr. 
 George Ryder, with any cash that he may require during his stay in France, 
 to the extent of $3,000, (say three thousand dollars,) taking his receipt for 
 Ike sums advanced, and placing the same to our debit. 
 We refer to our letter of this date, per post, for Mr. Ryder's signature. 
 And remain, &c., HARD? & Cox. 
 
 Boston, .May 1st, 18. 
 Messrs. James Pope & Son, New Orleans. 
 
 Gentlemen, I take the liberty to introduce to your firm, the bearer, Mr. 
 John Ashton. Any selection he may make of goods, tollie amount of fif- 
 teen hundred dollars, be pleased to advance on my account, either against 
 his receipt, or his draft on me to your order, as may be most agreeable to 
 yourselves. I am, Sec. T. CLARK. 
 
 HUSBAND AND WIFE. 
 
 husband's Interest in Wife's Personal Estate. Marriage is an absolute 
 gift to the husband of all the personal property, such as money, goods and 
 chattels, and moveables of which the wife was actually and henefieially 
 possessed at the time of marriage in her own right, and of such othergoods 
 and personal property as shall come to her during the marriage. 
 
 The husband can therefore dispose of ihe personal property of his wife 
 as he pleases, and on his death it goes to his representatives, as being his 
 exclusive property. 
 
 Of course, if the wife before marriage has her personal property properly 
 secured to her own use, independent of her husband, or if personal prop- 
 erty is given to a wife during marriage, and is properly secured to her 
 own use, it will remain her property, and the husband will have no control 
 over it. 
 
 Husband's Interest in Debts due the Wife, termed Chases in Action. The 
 husband has only a qualified interest in his wife's choses in action, which 
 term comprises debts owing to her, arrears of renl, legacies, residuary per- 
 sonal estate, money in the funds, &c., and which are due to the wife at the 
 time of, or during, her marriage. 
 
 The husband is entitled to his wife's choses in action, only on condition 
 thnt he reduces them into possession during the continuance of the mar- 
 riage ; for if he happen to die before his wife, without having reduced such 
 property into possession, she, and not his personal repreaentatives, will be 
 enti'.led to it. So, if the wife die before the husband has reduced this prop- 
 erty to possession, he will be entitled to receive only as her administrator, 
 and it will be appropriated to the payment of her debts, and he will be 
 entitled only to the balance. 
 
 What will amount to a reduction of the wife's choses in action into pos- 
 session by the husband is sometimes a nice question to decide. It is well 
 settled, that if the husband himself, or by attorney, collects and receive* the 
 amounts due, or if he assigns the wife's choses in action for a valuable con* 
 $ideration, or mortgages them, or if he recovers her debt by a suit in his 
 own name, or if he novates the debt by taking new security in his own 
 name, or if he releases the debt; in all these cases the wife's interest in the 
 property has ceased. 
 
 A mere intention to reduce the wife's cho=es in action into possession is 
 not sufficient ; neither is a voluntary assignment of them by the husband 
 without consideration ; nor an assignment of the husband's estate under 
 the insolvent laws, unless ihe assignee reduces them to possession during 
 ihe nmrnage ; nor the receipt by the husband of interest due on wife'* 
 choses in action during the marriage. In all these case?, the wife's right to 
 the property, upon the death of her husband, rrmains. 
 
 If the husband commences an action upon a debt due his wife, in the 
 name of himself and his wife, and he dies pending the suit, the action sur- 
 vives to her ; if therefore, ihe husband wishes to secure the debt to him- 
 self, he should commence the action in his own name. 
 
 Courts of equity, whenever their aid is invoked by the husband or hil
 
 HUSBAND AND WIFE. 115 
 
 assignees, to enable him or them to reduce to possession the wife's choses 
 in action, require the party Applying to secure a reasonable portion of the 
 proceeds to the separate use of the wife. 
 
 Husband's Inter'St in Wife's Real Estate. As to the real estate of the 
 wife, at the time of or during ihe marriage, the husband is entitled to take 
 the rents and profits thereof', during their joint lives. His interest ceases 
 with his death, if the wife survive liim. Upon tlie death of the wife, ihe 
 husband surviving, his interest ceases, and the estate goes to her heirs, un- 
 less the husband is entitled lo a life estate (herein as tenant by Ihe courtesy. 
 The husbund has a life estate in the real estate of the wife, during his own 
 life, whenever there has been a child of the marriage born alive, and he is 
 then said to be a tenant by the courtesy. It is sufficient thai the child be 
 born alive, though il live but a moment. 
 
 The husband also becomes possessed of the wife's leases for years, and 
 he may dispose of them as he pleases during his life. If he does not dis- 
 pose of the same during his life, and his wife survive him, she will be enti- 
 tled lo them. 
 
 Husband's Liability for Wife's Debts, before Marriage. For all debtsowing 
 by the wile before marriage, the husband is liable ;* but if ihey are not re- 
 covered during the marriage, he is discharged, fur hi liability ceases with 
 the death of the wife. In the application of this rule, il makes no differ- 
 ence whether the husband has, or has not, received any properly by his wife. 
 
 Such debls, however, still remain the debls of ibe wife, and if she sur- 
 vive her husband, she continues personally liable ; and if she die before 
 
 her husband, her property will be liable. 
 Husband's Liability to Maintain 
 
 bility to Maintain his Wife. The husband is bound to pro- 
 vide necessaries suitable lo her situation, and his condition in life ; and if 
 he fails lo do this, nnd she contracts debts for ihem, he will be liable for 
 those debts. Where ihe wife is in ihe habit of procuring necessary arti- 
 cles for ihe family, ihe husband will be liable for the debts which she has 
 contracted for lhat purpose, unless he shall give notice lo the contrary, and 
 himself furnish her with necessaries. 
 
 The husband is only liable lo furnish such necessaries as are suitable to 
 her situation, and his condition in life , and his liability does not extend 
 beyond that. 
 
 If ihe husband abandons his wife, or sends her away, or if they separate 
 by consent, without any sufficient and suitable provision for her mainten- 
 ance, he will be liable for her necessaries, and for debts contracted by her 
 in procuring them 
 
 If the wife elopes, and deserts her husband, he will be no longer liable 
 for her necessaries. While the husband is not guilty of cruelty, and is 
 willing to provide her a home, with suitable necessaries, he is not bound 
 to furnish them elsewhere. 
 
 If a wife who has left her husband, conducts herself with propriety dur- 
 ing her absence, and oilers to return lo her husband, and he refuses to re- 
 ceive her, it is still an unsettled question whether he will in such a case be 
 liable for her necessaries. If, however, her elopement is accompanied 
 with adultery, he is not bound to receive her back, and will nol be liable for 
 her necessaries, even if she offer to come back. 
 
 All persons supplying lood, lodging, and clothing to a married woman 
 living separate from her husband, are bound lo make inquiries, and they 
 give credit at iheir peril. 
 
 Dower of the Wife in Husband's Real Estate. Upon the death of the hus- 
 band, his wife is entitled to be endowed, for her natural life, of ihe third 
 part of all the lands whereof he was seized, at any time during the marriage. 
 
 It is not necessary, to entitle the widow to dower, that the ii us band should 
 be seized of the lands at his decease ; il wdl be sufficient, if at any lime 
 during the marriage, he was seized, although he may have conveyed them 
 to a ihird person before his decease, provided the wife has not relinquished 
 her right of dower in the same.t 
 
 In Maine nnd New York the husband is not liable for his wife's debt* 
 contracted before marriage. 
 
 1 In Vermont, Connecticut, Tennessee, North Caro.ina, and Georgia, 
 Ihe widow is only ent'tled to dower in lands whereof the husband died 
 seized. And in Maine, New Hampshire, and Massachusetts, she is not 
 entitled to dower in wild lands.
 
 116 
 
 HUSBAND AND WIFE. 
 
 Where land is conveyed lo the husband, and immediately mortgaged 
 back to secure the purchase money, the wile will not be emiiled to dower 
 in the land as against the rights of the mortgagee. 
 
 In nearly all of the stales, if lands are held by the husband 
 the wife will not be entitled to be endowed of them, unless the 1 
 a beneficial interest therein. 
 
 as trustee, 
 husband has 
 
 ;r misconaui 
 -aused by her gum. 
 
 Elopement of the wife, accompanied with the commission of adultery, is 
 sufficient, in most of the states, lo bar the wife from dower, unless the hus- 
 band becomes reconciled to her.* 
 
 The wife may release her dower, and it is very common for her to join 
 
 noceill one, wntue me iu;iiii<tye nus ueeu uissoiveu LT 
 of one of the parlies,) may in general marry again. 
 A divorce from bJ and board is not a dissolution o 
 
 A divorce from bJ and board is not a dissolution of the marriage, ena- 
 bling the parties to marry again ; but merely authorising and directing 
 them to live separate. It is ordinarily granted on account of extreme cru- 
 elty towards, or desertion of, the wife by the husband. 
 
 Upon a decree of divorce, a reasonable provision is made, by the court, 
 for the wife, out of the husband's property, unless the divorce has been 
 caused by her guilt. 
 
 merits had been made by the wife, and that, on a demand bein^ made foi 
 the rent, she acknowledged the debt, the plaintiff was held entitled to re- 
 cover. So, also, the admission of the wife, as to an agreement for suckling 
 a child, was allowed to be evidence against the husband. 
 
 * In New York, however, the wife is not burred of her dower, unless 
 convicted of adultery, or divorced, or unless the husband shall have com- 
 menced proceedings to obtain a divorce.
 
 SEPARATE RIGHTS OF MARRIED WOMEN. 117 
 
 THE SEPARATE EIGHTS OF PROPERTY OF MARRIED 
 WOMEN. 
 
 New York. A married woman is allowed to insure the life of her husband 
 in her favor, or the husband to insure his own life in her favor, exempting tho 
 amount from any of his liabilities. This property owned by her at the time of 
 her in irri i^'r is not subject to the disposal of her husband, nor liable for his 
 debts. The A'it of April II, 1849, amends tho previous Act, and permits a 
 married fumale to take, by inheritance, or by gift, grant, devise, or bequest, 
 from any person other than her husband, and hold to her separate use, and con- 
 vey and devise re.al anil personal property, and any interest and estate therein, 
 and the rents, issues and profits thereof, in the same manner as if she wore un- 
 married : not subject to the disposal of her husband nor liable for his debts. 
 Trustees holding real or personal property of a married woman, under deed or 
 otherwise;, on her written request, accompanied by a certificate of the Justice of 
 the Supreme Court, shall convey to such married woman tho whole or any 
 part thereof, for her solo and separate use. All contracts made between per 
 sons in contemplation of marriage, shall remain in full force after such mar- 
 riage takes place. 
 
 Maine. Act .1 misuse s, 1817, authorizes any married woman to become 
 seized or possessed of any property, real or personal, by direct bequest, devise, 
 gift, purchase, or distribution, in her own name, and as of her own property, 
 exempt from the debts or contracts of her husband, unless it shall appear that 
 such property was purchased with the propcity of her husband. An act of 
 August 10, 1846, gives her the remedies appropriated to the defence of those 
 rights. 
 
 New Hampshire. Act of June 27, 1845, enables u married woman of twen- 
 ty-one years and upwards, to devise her real estate, saving the husband's rights, 
 " acquired in any estate so devised by virtue of the marriage contract." 
 
 Act of July 10, 1846, allows ante-nuptial contracts or conveyances, reserv- 
 ing to the wife all or a part of her real or personal estate, which, when relat- 
 ing to real estate, must be recorded in the registry of deeds. 
 
 Vermont. Act of November 2, 184G, makes the wife of any man confined 
 in the State prison, a feme sole* as to the rights of the action arising since his 
 sentence. 
 
 Act f November 15, 1347, exempts tho rents and profits of wife's real es- 
 tate, acquired before or during coverture, t from execution for her husband's 
 sole debts, and enables married women to devise. 
 
 Massachusetts. Act of May 5, 1855. The real nnd personal property of 
 any married woman, and tho interest accruing liom the same, shall not be 
 subject to the disposal of her hu-liam], or liable for his debtc. 
 
 The husband shall not be liable for the debts of wife contracted before 
 marriage. 
 
 A married woman may bargain, sell, nnd convey her ronl nnd personal 
 property, tho same as if she were single. But no conveyance of tea! property 
 (except a lease ur a trrm not exceeding one year,) nor conveyance of srVircs 
 in a corporation, shall be valid without the consent of her bntand in win iu<;. 
 
 A in in ied woman, in relation to her own property, may sue and be sued, 
 as if she were single. 
 
 Any married woman miy make a will: hut such will shall not deprive her 
 husband of his lights as tenant by tho courtesy ; nnd she shall not bequeath 
 away from him more than one half ol her personal property. 
 
 Any married woman may carry on any trade or business, or perform any 
 labiir or seivices on her sole account ; nnd such earnings may lie invented in 
 her own name, and she may sue and be sued in regard to such trade or busi- 
 ness. 
 
 Rhode Island. Laws of 1S48, allow insurance for the benefit of a mairied 
 woman, with the usual exemptions from the husband's liabilities. 
 
 Connecticut. The Revised Statutes of 1S49, exempt the interest of a mar- 
 
 * Feme tale, is a single woman ; Jrme covert, a married woman. 
 t Coverture, as applied lo a married woman, under the protection and 
 power of her husband
 
 118 SEPARATE RIGHTS OF MARRIED WOMEN 
 
 ried woman in real estate, owned before or acquired in any way after cover- 
 ture, from execution against the husband, during her life or that of their chil- 
 dren, saving all contracts prior to July 1, 1845. SEC. 8 allows payment of her 
 wages to arnanied woman, and makes receipt to her valid. Married women 
 are enabled to dispose of their property, real and personal, liy will, " in the 
 same manner as other persons." Wife abandoned by her husband may do 
 business and have control of her own property. 
 
 Pennsylvania. The act of April 11, J848, provides that every species of 
 pruperty, real, person il, or mixed, belonging to a woman before, or accruing 
 in any way alter marriage, shall be owned as her separate property ; sha" K " 
 exempt from execution for her husband's liabilities and shall not be conv 
 
 or mortgaged without her consent, provided the husband shall not be liable 
 
 the husband's right by courtesy. 
 
 Ohio. Act of February 28, 1846, exempts the interest of a husband in his 
 wife's real estate from execution for his debts during her life or the lives of 
 their issue. SEC. 3 exempts from execution a husband's light to any clioscs 
 in action, demand, or legacy of the wife, unless reduced to possession. 
 
 Kentucky exempts ihe property, real, personal, or mixed, of any married 
 woman abandoned by her husband, and living separate from him, acquired by 
 her labor or otherwise, from his debts ; enables her to hold it, and to be party 
 to any action or suit necessary to harrigiw. A:t o;' *'jiiru:iry 23, 1840 makes 
 the slaves of a married woman real estate, fo far as respects liability for the 
 husband's debts. SEC. 3 exempts her real estate, acquired in any way before 
 or after marriage, from liability for his debts. 
 
 Tennessee. Act of October 18, 1835, makes it unlawful for an officer to 
 levy on any property acquired by the labor of the wife, or devised or given to 
 her, where her husband has abandoned her, or she lives separate from him in 
 consequence of ill treatment. 
 
 Indiana. Act of January 23, 1847, exempts all real estate, acquired before 
 or after marriage, of a married woman from liability lor the husband's debts, 
 but the same and its profits are declared to be her separate property, saving 
 debts previously contracted by her. Act of January 26, 1847, enables mar- 
 ried women to devise their real estate. 
 
 Jllinoin. The Revised Statutes of 1844 5, allow married women to dispose 
 of their separate estate, real nnfl personal, by will. 
 
 Michigan. The Revised Statutes of 1846 authorize any mnrried woman to 
 dispose of any properly held by her by will. CHAP. 85 makes simil 11 provi- 
 lions to those of Massachusetts for sale of wife's properly in case of abandon- 
 ment, and for power to contract and sue SEC. 25 provide* that any property, 
 real or personal, of a married woman, acquired before or after marriage, shall 
 be and continue her real and personal estate "to the same extent as before 
 marriage." 
 
 Missouri. Act of March 5, 1849, rxempts from execution, for debts contract- 
 ed before marriage, property of a married woman ownrrl I >(!'. re or acquired 
 after marriage ; and alsu extmpts the livtbait&s proptity from thewije'a prior 
 debts'. SEC. 3 specially exempts the wife's properly from debts incurred by 
 the husband as security. 
 
 Wisconsin. The real estate of any female now married, and the real and 
 personal property of any female hereafter married, or acquired after marriage, 
 is made her sole and separate property, "as if she were a single female." 
 
 Texas. Act of March 13, 1818, provides th:it every female marrying under 
 twenty-one shall, from the time of marriage, be deemed of full a^e. SEC. 2 
 makes nil the property, real and personal, of the hushard owned before or ac- 
 quired after marriage by gift, dcviff, or i/e.sceni, his separate property ! and 
 mikes an an ilojrou* provision in favor of the wife ; " provided, that, during 
 the marriage, the husband -hall have the sole management of all such proper- 
 ty." SEC. 3 makes all property acquired by either after marriage, except by 
 gift, devise, or descent, their common property, with remainder to the survi- 
 vor, if there be no children, and one hulf to each if there lie a child. By sec- 
 tion four husband and wife are suable jointly for necessaries furnished herself 
 or children.
 
 ATTORNEY'S FEES. 119 
 
 COMPENSATION OP ATTORNEYS. 
 
 The following RATES OF COMPENSATION were adopt- 
 ed a few years ago by the Boston Suffolk Bar, and 
 though not at present obligatory, are still adhered to 
 by many Attorneys. They probably do not differ ma- 
 terially from the rates of compensation charged by At- 
 torneys in other cities. 
 
 Advice or consultation. For advising, when the property in dispute ex- 
 ceeds 100 dollars, and does not exceed 500 dollars, not less than $4 ; for ad- 
 vising when the property exceeds 500 dollars, not less than $5 
 
 Drafting of legal instruments. The compensations in these cases do not 
 admit of any precise rule. The service to be compensated is compounded 
 of professional ads-ice and knowledge, and the labor of applying them in 
 writing to each particular case. 
 
 Letters before suit. For a letter demanding payment, under 500 dollars, 
 $2 ; above 500 dollars, $3. 
 
 Writs, Ifc. advising and commencing the action. Where the demand or 
 cause of action does not exceed 100 dollars, 3 ; where the demand or cause 
 of action exceeds 100 dollars, and not 500 dollars, $4 ; where the demand 
 or cause of action exceeds 500 dollars, $5. 
 
 Tiustee Process, advising, Ifc. One dollar in addition to each of the sums 
 ehargeaole as above for common writs, that is, four, five, and six dollars, 
 instead of three, four and five. 
 
 These charges are to be made when the action is settled before entry, and 
 are to be paid together with the sheriff's fees. 
 
 In addition to these charges, the plaintiff's attorney or counsellor will 
 charge his fees for advice,, if the case be such as to authorize such charge 
 to the plaintiff. 
 
 Court of Common Pleas. For plaintiff's counsel or attorney. If he prevails, 
 the counsel or attorney is to charge the plaintiff with the bill of costs, ana 
 give him credit for it, if it be received from the defendant, or on execution. 
 
 He is also to charge the fees for arguing the cause, if argued either to 
 the court or jury. 
 
 If the plaintiff does not prevail in the suit, Ins counsel or attorney is to 
 charge the writ according to the rates before stated, and nil sums of money 
 paid for the plaintiff in carrying on the suit. He is also to charge a term fee 
 for each term. In cases not exceeding 100 dollars, S3 ; exceeding 100 dol- 
 lars and not exceeding 500 dollars. $4 ; exceeding 500 dollars, 5. 
 
 If the cause be argued to the court or jury, the arguing fee is to be charg- 
 ed for the term at which the argument look place, instead of the term fee. 
 
 In cases where several actions are brought on one and the same title, or 
 oil the same policy of assurance, or other like cases, in which all are gov- 
 erned by the decision of one, or more, either term fees or half term fee* 
 may be charged at discretion, in such actions as are not tried or argued. 
 
 For defendant's counsel or attorney. Where the defendant prevails, his 
 counsel or attorney is to charge the bill of costs recovered against the plain- 
 tiff, and in addition thereto, term fees as before stated, excepting the term 
 when the cause is argued to the court or jury, when the arguing fee is to 
 be charged instead of a term fee. 
 
 But when the costs cannot be obtained of the plaintiff, the defendant's 
 counsel may charge either the bill of costs and arguing fee only, or the term 
 fees and arguing fee only, at his option. 
 
 If the defendant does not prevail, his counsel or attorney is to charge him 
 term fees, as afiiri-said, fur each term. If the cause be argued, the arguing 
 fee is to be substituted for the term fee at the term when the argument is 
 had. 
 
 For arguing a case in the common pleas, not less than $10 ; fo 
 answer, Ac., where he has no effect", 3 : where he ha* effects i 
 100 dollars, 95 ; for a surrender of principal by bail, &c., $5 
 
 r trustee's 
 exceeding
 
 120 ATTORNEY'S FEES. 
 
 Supreme Judicial Court. For plaintiff's counsel or attorney. When the 
 plaimiff prevails, the counsel or attorney is to charge the bills of costs in the 
 court of common pleas, and in the supreme court, and fees of arguing to 
 the court or jury, or both, as the case may be. 
 
 When the plaintiff does not prevail, the counsel or attorney is to charge 
 the sums paid in the prosecution of the suit, and term fees, double the 
 amount chargeable as term fees in the common pleas, and also the fees of 
 arguing the cause either to the court or jury, or both, as the case may be. 
 
 Defmdani's counsel or attorney. When the defendant prevails, the coun- 
 sel or attorney is to charge the bill of costs and the fees for arguing the 
 cause to the court or jury, or both, as the case may be, and term fees 
 double the amount chargeable in the court of common pleas. 
 
 When the costs cannot be obtained from the plaintiff, the defendant's 
 counsel may charge the bill of costs and arguing fee only, or the term fees 
 and arguing fees only, 8t his discretion. 
 
 When the defendant does not prevail, the counsel or attorney is to charge 
 term fees double the amount chargeable as term fees in the common 
 pleas, and instead of term fee, the fees of arguing at the term when 
 argument is had. 
 
 For arguing a cause to (he jury in the supreme judicial court, for plain- 
 tiff or defendant, not less than $20 ; for arguing a question to the court, for 
 plaintiff or defendant, not less than S20 ; but when the matter in dispute 
 does not exceed 100 dollars in value, the counsel shall charge for arguing 
 the cause what they shall deem a reasonable compensation ; for divorce, 
 for naturalization, for process of partition, not less than $20, exclusive of 
 clerk's dues. 
 
 References, fyc. In all arbitrations, and in references entered into in the 
 supreme judicial court and court of common pleas, and rules entered into 
 
 before a justice of the peace, the compensation is to be regulated according 
 to the rate of fees established as to the courts of common pleas and the su- 
 preme court, as to arguing cases ; and for the advice and preparation for 
 
 , 
 
 the hearing, a reasonable charge to be made, according to the spirit of these 
 rules. 
 
 After the term when a cause is referred, and before the term when the 
 report is made, the counsel or attorney of the plaintiff, and the counsel or 
 the attorney of the defendant, shall charge half term fees only. 
 
 Cullrctlng money. For attention and responsibility of the attorney or 
 counsel in effecting a settlement with the debtor before judgment, and ob- 
 taining the money due, or for obtaining execution and committing the same 
 to a proper officer, and receiving the money from him or from the debtor, 
 and paying the same over to the creditor, when the amount does not ex- 
 ceed one thousand dollars, a commission of two and one half per cent, is 
 to be charged, and for every hundred dollars above one thousand dollars, a 
 commission of one dollar. 
 
 When mortgaged premises are sued for, and the money is paid, the like 
 rate of commission is to be charged ; but if the demandant receives his 
 writ to lake possession, or when the judgment recovered is to be satisfied 
 by a levy on real estate, a reasonable compensation shall be charged and 
 received. 
 
 If the plaintiff thinks fit to take the execution from the attorney or coun- 
 sel, and disposes of the same himself, he shall be charged and required to 
 pay Ihe game per centage as if the attorney had collected the money, or 
 done other duty as to the execution, which would entitle him to a commis- 
 sion, according to the foregoing provisions. 
 
 Where money is collected for a client, who lives out of the Common- 
 wealth, a commission of three per cent. shall be charged to him upon the 
 amount received. 
 
 When the plaintiff cannot obtain any benefit from his suit, the counsel or 
 attorney may charge the bill of costs only. 
 
 These rules are Ihtended to establish the lowest compensation, mid not 
 to restrict gentlemen from taking higher compensation in cases of difficulty 
 or magnitude ; and these rules are not to apply to cases not exceeding 
 twenty dollars
 
 IMPROVED EDITION OF THE 
 
 LANDLORD'S & TENANT'S 
 
 CONTAINING 
 
 THE LEGAL EIGHTS, DUTIES, AND LIABILITIES 
 OF LANDLORDS AND TENANTS; 
 
 THE 
 
 RULES OF LAW ON THE SUBJECT OF DIVISION FENCES' PAR- 
 TITION WALLS NUISANCES ANCIENT LIGHTS HIGH- 
 WAYS PRIVATE WAYS RUNNING WATER, &C. ', 
 
 AND A 
 
 SELECTION OF LEASES, 
 
 AGREEMENTS ASSIGNMENTS OF DO. SURRENDERS OF DO. 
 
 LANDLORD'S AND TENANT'S NOTICES TO QUIT, &c. ; 
 
 WITH THE 
 
 STATUTE LAWS 
 
 OF SEVENTEEN STATES IN RELATION TO TENANCIES, HOLDING 
 OVER, COLLECTING RENT, NOTICES TO QUIT, AND EJECTMENT. 
 
 No Landlord or Tenant should be without Oils Work. 
 
 BY I. R. BUTTS, 
 
 Author of the " Business Man's Assistant," " Trader 1 ! Guide," " Merchant Shipper 
 and Common Carrier's Assistant," " Laws of the Sea," &c. 
 
 f 
 
 SOLD BY AGENTS. AGENTS SUPPLIED BY 
 
 I. R. BUTTS, 2 SCHOOL STREET, BOSTON. 
 H. LONG &. BRO. 121 NASSAU STREET, NEW YORK. 
 
 1856.
 
 , ADDENDA. 
 
 Late Decisions. 
 
 Where a house was let for five years, at a rent of $1400 a year, with a pro- 
 viso, that either party might terminate the lease by giving the other parly six 
 months' notice in writing, it was held that the six months' notice by either 
 pany to terminate the lease, must be so given as to expire at the end of a year 
 of the term. 5 Cusbi ng, 99. 
 
 An assignment of in estate by a tenant at will terminates the tenancy. 6 
 Cushing, 67. 
 
 A tenancy at will, under a verbal lease, dependent on a condition, is termi- 
 nated by a bread? thereof, neither party being entitled to notice ; and if the ten- 
 ant holds over he t s a tenant at sufferance. 5 Cushing, 133. 
 
 On the salt of an estate, by the Landlord, the tenancy at will is terminated, 
 and the tenant is not entitled to notice. It may be said, that if a landlord is 
 desirous of speedily getting rid of a tenant, he may convey away his estate, 
 and the purchaser may then enter, or have the summary process provided by 
 statute, without giving the three months' notice. If this should be done col- 
 orably or fraudulently, without any intent to alienate, it might, like other frau- 
 dulent and colorable acts, be held void. But if the landlord at will does in fact 
 alienate, it is clear, that by operation of law the tenancy is at an end. It is a 
 well established rule of law, that upon the conveyance of an estate the tenan- 
 cy at will must terminate. The alienee does not become the landlord at will 
 of the former tenant at will, nor does the tenant at will become tenant to 
 the alienee. Who then would be entiled to recover rent of llie tenant ? Not 
 the alienee who has become the owner, nor the alienor who has parted with 
 all his interest, and ceased to be landlord. 5 Cushing, 550. 
 
 If the tenant is evicted, (that is, turned out,) from the premises by a superior 
 title, (that is, by sale of the estate, orotherwise,) before the rent is due, he will 
 be discharged from the whole rent. fSee further on the same subject at 
 pages 10 and 52.] 
 
 A tenant must pay rent forthe whole term, though the house be blown down, 
 destroyed by fire, or abandoned on account of a filthy nuisance, destructive 
 to- the health of the family. There is no contract, still less a condition, implied 
 by law, on the leasingof real property, that it is fit for the purpose for which it 
 is let, or iffit that it shall continue so. Mass. Dec See also pp 39 to 41. 
 
 In a tenancy at will, where the rent is payable monthly, a month's notice 
 must be given to quit at the expiration of a month from the day when the rent 
 is payable. Mass. Dec. (The same rule is applied when the rent is payable 
 weekly or quarterly.] I'nless a month's notice is given to quit at the expira- 
 tion of a month from the day when the rent is payable, the notice is insuffi- 
 cient. Mass Dec. 
 
 This work is divided into Four Parts, as follows : 
 1. THE COMMON LAW RELATING TO LANDLORD AND TENANT. 
 2. THE COMMON LAW IN RELATION TO DIVISION FENCES, 
 
 WALLS, NUISANCES, PRIVATE WAYS, ETC. 
 3. THE STATE LAWS RELATING TO LANDLORD AND TENANT. 
 4. FORMS OF LEASES, GUARANTEES, ASSIGNMENTS, SUR- 
 RENDERS, NOTICES TO QUIT, ETC., ETC. 
 
 Entered, according to Act of Congress, in the year 1848, 
 
 BY I. R. BUTTS, 
 in the Clerk's Office of the District Court of the District of Massachusetts.
 
 CONTENTS. 
 
 DIRECTIONS TO THE READER. 
 
 [The first part of this work is occupied with a statement of the RIGHTS 
 AND LIABILITIES OF LANDLORD AND TKNANT under the common 
 law, which prevails in all the States, excepting Louisiana, where the 
 civil law obtains. To ascertain the law respecting any question that 
 may arise, first examine the principles of the common law as here 
 stated, then turn to the statutes of your own State (which will be 
 found in the last part of this work,) and see if there is any statute law 
 affecting the subject, if not, follow the common law, if there is, 
 follow the regulation of the statute.] 
 
 INTRODUCTION. 
 
 A Tenancy from Year to Year 
 A Tenancy at Will . 
 A Tenancy at Sufferance 
 Rooms and Apartments . 
 
 Repair* .... .9 
 
 6 Water ib. 
 
 7 Waste, Voluntary or Permissive, t4. 
 . ib. \ 
 
 CHAPTER I. 
 
 THE COMMON LAW RELATING TO LANDLORD AND TENANT 
 
 The Tenancy how Created . . 1 1 
 Tenancy liy Agreement . . . ib. 
 Tenancy hy Implication . . .12 
 Tenancy hy Holding over the Term 13 
 Joint, or Tenants in common . . il>. 
 Leaee . . . . . .14 
 
 By whom Lease may be made . 15 
 To whom the Lease may bo made . 16 
 Leases may be made by power of 
 
 Attorney . . . . ib. 
 
 Entry of Lessee . . . .17 
 
 Names of Parties to a Lease . . ib. 
 The Date of a Lease . . . ib. 
 The Form of Seal . . . . t&. 
 
 Witnesses to the execution . .18 
 
 Covenants in a Lease . . . ih. 
 
 The Lessee covenants to pay rent ib. 
 
 To pay or cause to be paid all 
 
 taxes . . . . . . ib. 
 
 To repair . . . . . ib. 
 
 Not to commit waste . . .19 
 Not to assign or underlet, &c. . ib. 
 Not to carry on a particular trade, 
 
 &c. 20 
 
 To surrender at the end of the 
 term . . . . . . ib. 
 
 As to the management of farms . ib. 
 Usual covenants . . . . ib. 
 
 Implied covenant* . . . 21. 
 The landlord covenant* to indem- 
 nify against incumbrance* . ib. 
 Rent to cease in case of fire or 
 other casualty . . . . ib. 
 
 Covenant for quiet enjoyment by 
 the landlord . . . . ib. 
 
 To pay taxes and assessments . 16. 
 Words usually made use of in a 
 
 Lease ib. 
 
 Commencement of the Term. . 22 
 
 Continuance of the Term . . ib. 
 
 Taxes 3 
 
 The Parcels t*. 
 
 Reservation of Rent . . .24 
 Premises destroyed by Fire, or other 
 
 Casualty 25 
 
 Tenancy how Dissolved . . . ib. 
 Dissolution of Tenancy by Forfeit- 
 ure ... ... 27 
 
 Waiver of Forfeiture . . .28 
 Dissolution of Tenancy by Surreu" 
 
 der '. ib. 
 
 Notice to quit by Landlord . . 29 
 Notice to quit by Tenant. . . 31 
 Form and service of Notice . . ib. 
 Condition of Parties at the End of a 
 Notice to quit, and on Holding 
 
 over 32 
 
 When Notice to Quit by Tenant is 
 
 Unnecessary 
 
 Tenant's Right of Egress and Re- 
 ;ress 
 
 33. 
 
 34 
 
 Emblements fa. 
 
 Rights and Liabilities of Outgoing 
 
 Tenants . . . . .35 
 Landlord's Fixtures . . .36 
 Tenant's or Domestic Fixtures . ib. 
 Trade Fixtures . . . .37 
 Farm Fixture* . . . .38 
 Heir or Executor'* Right to Fix- 
 ture* ib. 
 
 Repairs, by whom to bo made when 
 
 Letting is hy Written Lease . 39 
 Implied Covenants on the part of the 
 
 Lessee to Repair . . . .41 
 Express Covenants and Agreement* 
 
 to Repair . . . . . 43 
 Covenant* retpecting Water . . 44 
 Watt* . . 45
 
 CONTENTS. 
 
 Page 
 
 Assignment 46 
 
 Assignee of the Reversion . . 47 
 Assignee of the Term . . .48 
 Bankruptcy of Tenant . . . ib. 
 Distress lor Rent . . . . ib. 
 Landlord's Remedy by Action of 
 Debt, Covenant and Waste . . 49 
 
 LANDLORD'S REMEDIES AGAINST 
 
 THE TENANT . . . .50 
 Use and Occupation . . ib. 
 
 Forfeiture ib. 
 
 Waiver ib. 
 
 Pag* 
 
 50 
 
 .31 
 
 ib. 
 . ib 
 
 Uopnira ... 
 
 Insurance ... 
 
 VV<isto 
 
 Assigning or Underletting 
 
 Carrying on a Trade . 
 
 Buildings 
 
 Non payment of Rent . 
 
 TENANT'S REMEDIES AGAINST THE 
 LANDLORD . . 52 
 
 Use and Occupation . . . ib. 
 
 Conditional Renting, and condi- 
 tion not performed . . . ib. 
 
 CHAPTER II. 
 
 LAWS IN RELATION TO DIVISION FENCES, PARTY WALLS, 
 NUISANCES, AND EASEMENTS. 
 
 Corrupt Air .... 60 
 
 Nuisances to Lands . . .61 
 
 Public Nuisances . . .16- 
 
 Abatement of Nuisances . . 62 
 
 Negligence . . . .63 
 
 OF PRIVATE WATS . . .64 
 
 By Grant . . '. . . ib 
 
 By Prescription . . . .65 
 
 By Necessity . . . .66 
 
 Highway . . . . . ib. 
 
 Running Water . . . . ib. 
 
 Priority of Occupancy . . 67 
 
 DIVISION FENCES . . .53 
 
 PARTY WALLS . ... 56 
 Or NUISANCES AND OTHER INJU- 
 RIES TO THE POSSESSION . . 57 
 Who may Sue for Damages occa- 
 sioned by a Nuisance ? . ib. 
 Against whom an action of Nui- 
 
 sance may be brought 
 What are Nuisances? . 
 Nuisances to houses 
 Overhanging . . 
 Ancient Lights . 
 
 . ib. 
 
 . 59 
 . ib. 
 . ib. 
 
 . ib. 
 
 CHAPTER III. 
 
 THE STATUTE LAWS RELATING TO LANDLORD AND TENANT. 
 
 Maine, Statutes of . . . .68 
 New Hampshire, . . . .70 
 
 Vermont, 71 
 
 Massachusetts, . . . .73 
 
 Rhode Island 75 
 
 Connecticut 77 
 
 New York, 78 
 
 New Jersey, 83 
 
 Pennsylvania, . . . .85 
 Maryland 87 
 
 South Carolina . . . .88 
 Louisiana . . . . .89 
 
 Missouri, 93 
 
 Laws of city of St. Louis, . . 94 
 
 Illinois 94 
 
 Indiana 95 
 
 Wisconsin, 96 
 
 Ohio, 96 
 
 Michigan, 98 
 
 Iowa, 98 
 
 CHAPTER IV. 
 
 FORMS OF LEASES, AGREEMENTS, ETC. 
 
 Agreement for a Lease . . .99 
 Short Lease of a House, or Store, ib. 
 Short Lease of Two Rooms, with 
 
 Privileges 100 
 
 Guarantee for the Payment of Rent ib. 
 Lease of a House, or Store, . ib. 
 Guarantee for the Payment of- .Rent 101 
 Lease of Furniture, or Goods: ;' v. . ift. 
 An Unexceptionable Lease, '. . 102 
 Guarantee for Payment of Rent . 103 
 Lease of a Farm orTOharcs . . 16. 
 
 Forms of Special Covenants . . 105 
 Notice to Quit by the Landlord . 107 
 Notice to Quit by the Tenant . ib. 
 Notice to Quit by Landlord on Non- 
 payment of Rent . . . ib. 
 Notice to Quit the Premises, or Pay 
 
 Double Rent .... ib. 
 Assignment of Lease, to be endorsed 
 
 on the Lease . . . , ib. 
 Assignment of Lease . . . 108 
 Surrender of a Lease by endorsement 
 on the Lease . ib.
 
 INTRODUCTION. 
 
 THE relation between Landlord and Tenant exists wherever 
 there is a contract for the possession and profits of lands, or ten- 
 ements, fora determinate period, on the one side; and a re- 
 compense by payment of rent, or some reciprocal consideration, 
 
 on the other. 
 
 The contract is called a Lease or Demise; and is a species of 
 conveyance to a person either for one thousand, one hundred, 
 ten, or any other number of years, months or days. Any words 
 are sufficient which explain the intents of the parties ; and whe- 
 ther such words run in the form of a license, covenant, or agree- 
 ment, they \\ ill, in construction of the law, amount 10 a lease as 
 effectually as if the most proper and pertinent words liad been 
 used for the purpose. 
 
 A TENANCY FROM YEAR TO YEAR 
 
 Occurs where the premises are let without any limitation as 
 to the time the tenant is to occupy them. This species of es- 
 tate, in olden times, was called a tenancy at will, from the fact 
 that it miulit he put an end to at any lime by either parly. 
 The inconvenience and injustice of differing the estate to he de i 
 tennined at the will of either party, early induced the courts to 
 decide that, where an annual rent is reserved, though no certain 
 term is agreed on, the estate shall be construed to be a tenancy 
 from year to year ; and that each party is hound to give n.asim- 
 able notice of an intention to terminate the tenancy. If the 
 tenant be placed on the premises, without any terms prescribed, 
 or rent reserved, and as a mere occupier, he is strictly a tenant 
 at will. 
 
 Six months' notice on either side, and ending at the expira- 
 tion of the year, is necessary, by the curm/ion law, to determine 
 a tenancy from year to year. This rule of six months' notice 
 prevails in mai.y of the States, and in others the courts require 
 reasonable notice to be given. Nearly all the States now ha\e 
 statutes regulating the time of notice, and landlords and tenant* 
 must refer to the statutes of their respective States for the rule.
 
 6 INTRODUCTION. 
 
 [The statutes of the several States are to be found in the last 
 part of this work.] 
 
 In the city of New York, if lands or tenements be occupied 
 without any specified term of duration, the occupation is deem- 
 ed valid until the first day of M iy next after the possession, un- 
 der the agreement, commenced ; and the rent is deemed payable 
 at the usual quarter days, if there be no special agreement to 
 the contrary. 1 N. Y. R. S. 744. 
 
 A tenant from year to year is, of course, liable for voluntary 
 waste committed by him. And, to a certain extent, he is liable 
 for permissive waste ; for he is bound to make ordinary le.nant- 
 able repairs suck as to keep the house wind and water tight, 
 and to repair windows and doors broken by him ; but he is not 
 bound to make lasting repairs. If, however, the house be in 
 want of substantial repairs, or be otherwise unfit for occupa- 
 tion, the tenant is not bound to repair, and may quit without 
 paying rent. 5 Carr. <% P. 230; 7 D. $ R. 117; 1 Mov. $ 
 Rob. 112. 
 
 A TENANCY AT WILL 
 
 Continues, according to the old law, during the pleasure of 
 the parties. In modern times, the Courts require either party 
 desirous of terminating the tenancy, to give reasonable notice 
 of his intention. Most of the States have statutes regulating 
 the time of notice, and landlords and tenants must refer to the 
 statutes of their respective States for the rule. Where there is 
 no statute regulation, a reasonable notice must be given, as, 
 where the rent is payable quarterly, three months' notice; if 
 monthly, one month's notice, &c. hor tho purpose of nutter to 
 quit, a tenancy at will is treated by the Courts as a tenancy 
 from year to year ; but in every other respect it retains its cha- 
 racter of a strict tenancy at will. 8 Cowen, 13. 
 
 Tenancies at will, found to some extent in every State, are, 
 perhaps, more numerous in Massachusetts, where, by the Ke- 
 viseil Statutes, all tenancies not created by written agreement 
 are declared to be mere tenancies at will. 
 
 Jf a person enters and enjoys lands under a lease which 
 is void, and pays rent, he is a tenant at will. 
 
 A tenancy at will may be determined by either party's giving 
 the notice required by the statutes, or, in a Stale where there is 
 no statute regulating the lime of notice, by giving reasonable 
 notice. 
 
 There are other ways than by giving notice, by which 
 tenancies at will are determined. 1 hus, a tenancy at will is 
 determined by the death of the landlord or tenant. (17 Most. 
 282) ; or by the sale of the premises by the landlord (10 Mttc. 
 223) ; so also it would seem, upon the same principle, the leas- 
 ing the premises by a least in writing, determines the tenancy. 
 10 Met. 298.
 
 INTRODUCTION. 7 
 
 When the tenancy is thus determined by death, or by the 
 sale, or hating by written lease, of the premises, or otherwise, 
 the tenant at will becomes a tenant at sufferance, and, as will be 
 seen below, is not entitled to any notice to quit, but may be 
 ejected forthwith. 
 
 A tenancy at will is also determined by the commission of 
 waste by the tenant. 21 Pick. 367. 
 
 A tenant at will is not bound to make repairs, nor is he res- 
 ponsible for permissive waste. He cannot assign or underlet the 
 premises. 
 
 Jn Massachusetts, " where a tenant takes an estate under a 
 verbal lease, Air any certain term, though he is liable to be ejected 
 during the term, upon the landlord's giving the notice required by 
 statute, yet if he actually holds during that term, no notice to 
 quit is necessary either by landlord or tenant. If the tenant 
 holds over, he is a tenant at sufferance, and the landlord may 
 enter and expel him without force, or have his remedy at law to 
 regain possession. If the term is made to depend upon a con- 
 tingent event, on the happening of the contingency the term is 
 at an end by its own limitation." 3 Mete. 350. 
 
 A TENANCY AT SUFFERANCE, 
 
 Is one who comes into the possession of premises by lawful 
 title, but holds over by wrong, after the determination of his 
 interest as where a tenant holds over without the consent of 
 the landlord, after the expiration of his lease or the term of time 
 for which he hired. 
 
 A tenant at sufferance is not entitled to any notice to quit, 
 (unless the statutes of some State require it) and can be removed 
 by the landlord at any time. 
 
 By the statutes of New York, a tenant at will and a tenant at 
 suffi ranee are entitled to a month's notice to quit. It has been de- 
 cided, however, in that State, that where a tenantholds over after 
 the expiration of his term, without the permission of his land- 
 lord, he is not entitled to a month's notice to quit, he not being 
 within the meaning of the statute a tenant at sufferance. 11 
 Wen</. 616. 
 
 In Massachusetts, and in most of the other States, the com- 
 mon law doctrine that a tenant at sufferance is not entitled to 
 any notice to quit, but may be removed forthwith, prevails ; and 
 if the statute of any State requires notice to he given, probably 
 the same construction would be given to it as, we have seen, was 
 given in New York. 
 
 In New York and New Jersey, and in some few of the 
 other States, tenants holding over under certain circumstances, 
 are liable to pay double rent. [See State Laws, chap. HI.] 
 
 ROOMS AND APARTMENTS. 
 The Idling of rooms or apartments. When a man lets out
 
 8 INTRODUCTION. 
 
 lodgings or apartments in a house, he impliedly leases them 
 with all their proper accompaniments, and warrants to the hirer 
 the use of all such accessioual things as are necessary to enable 
 him lo enjoy the principal suhject-mauer of the demise in the 
 manner intended. He impliedly grants to the tenant the use of 
 the door-bell, the knocker, the sky-lights or windows of the 
 staircase, and the use of the water-closets, unless it be otherwise 
 stipulated at the time of the taking of the lodgings ; and if the 
 landlord deprives him of the use of either, he forthwith subjects 
 himself to an action for a breach of contract. (7 C. 4" P- 28.) 
 He impliedly covenants or promises, moreover, to keep the roof 
 of the house water tight, and the windows in a reasonable state 
 of repair, so that the lodger and his effects suffer no injury 
 from rain and exposure to the weather. 
 
 Where a person hires one or more rooms in a building, with- 
 out any stipulation in the lease by lessor or lessee, for re-build- 
 ing in case of fire or other casualty, and the building is destroyed 
 by fire, the tenancy is determined. It will be seen hereafter 
 that where he hires the whole building, and covenants lo pay 
 rent, the tenancy is. not determined by the destruction of the 
 building by fire. (Sue page 25.) 11 Mctc. 443. 
 
 If a man furnishes a dwelling house or an apartment in a 
 house, and offer it to be let ready furnished, he impliedly holds 
 it out as fit for immediate habitation and use ; and if the furni- 
 ture is unfit for use, or the house is incumbered with a nuisance 
 of so serious a nature as to deprive the tenant of all beneficial en- 
 joyment of it, the latter is entitled to throw up both house and 
 furniture, and bring an action against the landlord for a breach 
 of contract Thus, where the beds of a ready furnished house 
 were so infested and overrun with bugs that they could not be 
 slept in, it was held that the tenant was justified in leaving the 
 house and resisting the landlord's demand for rent. 11 M. d- 
 W. 5. 
 
 A contract for the letting and hiring of a store, or place 
 of deposit in a warehouse, would seem to be a contract analo- 
 gous to the letting and hiring of an apartment in a house for the 
 occupation of a tenant or lodjrer. I am not aware of any 
 decisions upon the subject of the landlord's liability to keep the 
 roof and walls of a building tight where he has let different ap- 
 partnrnnts of it for stores ; but my opinion is that the landlord 
 must keep the roof tight, and that if he fails to use reasonable 
 diligence in this respect, he will be liable for the damage occa- 
 sioned thereby. An entirely opposite doctrine prevails where the 
 tenant hires the whole building; and as the same rule may 
 be held by the courts to apply to the tenants of rooms, I would 
 advise all persons hiring rooms or stores to have covenants insert- 
 ed in their leases to the effect, " that the landlord shall keep the 
 premises in repair, and that if they become untenantable from 
 any cause other than the wrongful act of the tenant, the tenant
 
 INTRODUCTION. 
 
 may leave unless the landlord, upon notice, forthwith repairs the 
 premises," and also u that any damage occasioned by want of 
 repairs shall be paid by the landlord." 
 
 REPAIRS. 
 
 The subject of repairs is of much interest to both landlord 
 and tenant. It is a fruitful source of difficulty and dissension, 
 owing to the ignorance and misconception of the parties re- 
 specting their rights and liabilities. So much of this subject as 
 relates to tenancies at will, and from year to year, and to 
 the hiring of rooms or apartments, has already been considered 
 in examining the nature of those tenancies ; the subject, however, 
 will be very fully treated hereafter, with particular reference to 
 tenancies created by written leases, and some covenants designed 
 to protect the tfnant from all trouble and difficulty^ in case at any 
 time during the term the premises gel out of repair, will be 
 given, [See pp. 31) to 44.] 
 
 WATER. 
 
 The subject of water is also another source of difficulty. The 
 matter is fully treated in this work, and covenants are given, de- 
 signed to protect the tenant against loss, provided he is com- 
 pelled to buy water for use. [See pp. 44, 45 ] 
 
 WASTES ARE EITHER VOLUNTARY OR PERMISSIVE. 
 
 Voluntary waste is an act of injury done to the premises, as 
 tearing down, defacing, or doing other injury to the house ; 
 cutting down and injuring fruit-trees, &c. Permissive waste 
 consists in suffering the premises to go to decay from the want 
 of ordinary repairs. 
 
 Alterations in a tenement beccme waste, as by converting two 
 chambers into one ; so cutting timber unnecessarily, or changing 
 one species of land into another is waste. 
 
 All tenants are liable for the commission of voluntary waste. 
 All tenants, excepting tenants at will and sufferance, are liable, 
 lo a greater or less extent, for permissive waste. The liability 
 of tenants for permissive waste, or, in other words, the duty of 
 tenants to make repairs, will be hereafter considered. 
 
 An agreement for a lease creates a tenancy, where the tenant 
 is let into possession under it, and pays rent for it to the lessor, 
 unless there be something in the agreement which shows the in- 
 tentions of the parties to have been clearly otherwise. 
 
 The contract of lease may be expressed verbally or in writing. 
 If verbally, it has only the force and effect of a tenancy at will. 
 If in writing, it must be subscribed by the party making it, or 
 his authorized agent.* 
 
 * In some Dialed the Slntuie Lnw rrquirt s thai the lease should be witnessed 
 acknowledged and recorded. fce page IS, and Chapter III.
 
 10 INTRODUCTION 
 
 Upon the making of a lease the landlord still retains rights 
 over the property, although he has parted with the possession ; 
 while, on the other hand, the tenant assumes certain obligations. 
 
 The landlord always retains the right, as against his tenant, 
 to go upon the premises peaceably, for the purpose of examining 
 what waste or injury has been committed by the tenant, or other 
 person, also to demand rent, make necessary repairs, or remove 
 obstructions. 
 
 it is not necessary that the lessor he in possession of the pre- 
 mises, if he have the undisputed right to them. 
 
 If anything is left optional in a lease, and in all cases of doubt 
 the tenant is most favored by the law, on the principle that the 
 landlord, in granting the lease, has the power to take care 
 of himself. 
 
 If a farm be let to a tenant without any stipulation how he is 
 to manage it, the law implies a promise orf his part, that he will 
 cultivate and manage it in a good and husband-like manner, and 
 according to the custom of the country. So, also, a contract 
 will be implied, that a tenant will use a house and fixtures in a 
 tenant-like manner. 
 
 In case an injury is done to the premises by a stranger, 
 of such a nature as affects his reversion, the landlord may have 
 an action against him for damages. So, if any one interferes 
 with his tenants, and disturbs their enjoyment. 
 
 The landlord is not. bound by the tenant's wrongful acts, or 
 liable for his negligence ; nor is he answerable for a nuisance 
 erected* on the premises by the tenant ; but if he renews the 
 lease, or grants another with the nuisance upon it, he becomes 
 liable after such renewal ; for he ought not to let the premises 
 with a nuisance. 
 
 Where, under a verbal promise of a lease for years, improve- 
 ments are made on the lands, and the lease is not executed, the 
 tenant is entitled to the value of the improvements. 
 _^__ 
 
 It is a general rule, that an entire contract cannot be appor- 
 tioned: Therefore, if a landlord accept the surrender of a ten- 
 ancy in the middle of a quarter, without any new agreement 
 as to an f.pportionment of the quarter's rent, he cannot recover 
 any part of it. And so, where a tenant is evicted by his land- 
 lord from part of the premises, let at an entire rent, such 
 eviction will afford a complete defence to an action for the use 
 and occupation of those premises. Chitty, 632.
 
 THE COMMON LAW 
 
 RELATING TO 
 
 LANDLORD AND TENANT. 
 
 (The Common Law prevnils in all the States, except Louisiana, and 
 should be consulted in all cases, in some instances, however, iU 
 principles are controlled by State Laws, which see in Chapter HI. 
 
 CHAPTER I. 
 THE TENANCY HOW CREATED. 
 
 A tenancy may be created by a lease, under seal; ver- 
 bally, by word of mouth; or by writing, not under seal; 
 or by operation of law. 
 
 TENANCY BY AGREEMENT. 
 
 If an instrument professing to be an agreement for a 
 lease, is in itself a transfer of possession, whether imme- 
 diate or in future, it is a lease', though it contain a sti- 
 pulation for executing a regular lease under seal. But if 
 the words do not import immediate possession, or some 
 act is to be done prior to the entry ol the* tenant, the in- 
 ference will l)e that the instrument was not intended to 
 be a lease, but only an executory contract.* 
 
 By a lease the lessee acquires an interest in the demised 
 premises immediately on its execution ; and upon his entry 
 thereon the term is fully vested in him. ? Car. &, P. 300. 
 
 * In writing letters in relation to making or negotiating a lease, it would be 
 well (<> mention, ' that Iheprupusnl is nut final," otherwise the terms ofl'ereil may 
 be accepted, and the party find himself bound by an agreement, when he did 
 not intend it. In whatever terms an agreement is conceived, ii will be proper 
 to rcsnain its operation by adding: "And lastly, it is hereby declared, that 
 this agreement shall not operate, or be deemed, or held lo cpe.raie, as an actual 
 or present demise ol the said premises, hereby agreed lo be leased, or to give 
 the sind C. D. any legal interest in ilie same premises until an indenluru of 
 lease shall lie actually executed." 
 
 The question, whether an agreement operates as a present lease or as an ex 
 eeuiory contract ; or, in other words, as a preseiu lease, or as an agreement tor 
 a future lease, has occasioned much litigation.
 
 12 THE COMMON LAW OF 
 
 By an agreement for a lease he acquires no legal in- 
 terest in the term, or in the land demised. 
 
 There is no particular form required for an agreement 
 for a lease. Any memorandum of a contract, signed by 
 the parties, by which one agrees to let, and the other to 
 take the premises intended to be demised, describing 
 them shortly, and stating the rent and term, and from 
 what time the latter shall commence, is sufficient. It is 
 advisable, however, to insert in it, fully and explicitly, not 
 only the terms generally of the holding, but all the cove- 
 nants which are to be contained in the intended lease, that 
 there may be no misunderstanding or dispute about them 
 afterwards. If the agreement contain no stipulation on 
 the subject of covenants, the tenant may object to any 
 lease afterwards tendered to him, which contains any other 
 than usual covenants. 
 
 A verbal agreement to grant a lease will be enforced 
 in equity, though it may be void by statute, if there be 
 evidence of a substantial part-performance, such as pos- 
 session being delivered, or if the tenant be at expense in 
 building or improving according to agreement, though 
 signed by one party onlv. 
 
 An agreement containing no words of present yielding 
 up, and nothing to show when the interest was to con- 
 mence or determine or containing an express stipula- 
 tion that it shall not be deemed or taken to be a lease 
 is not a lease. But if there are words of present yielding 
 up, without any thing to indicate that the parties contem- 
 plate a further assurance, it is a lease. 
 
 TENANCY BY IMPLICATION. 
 
 Where there is merely an agreement for a lease, and 
 the intended lessee is let into possession under it, and 
 pays rent for it to the lessor, a tenancy is impliedly 
 created ; unless there be something in the agreement, 
 which shows the intention of the parties to have been 
 clearly otherwise. Even where the amount of the rent 
 was noi mentioned in the agreement, but the tenant paid 
 a certain rent, it was holden that an implied tenancy 
 was thereby created. 3 Bing. 3(>l. But where no rent 
 has been p;iid, nor any thing done which is equivalent to 
 it, tenancy cannot be implied. 3 B. &. A. 3 ; 2ti. 
 
 Where a tenant is in possession under a void lease, for
 
 LANDLORD AND TENANT. 13 
 
 n tern), and pays rent, a tenancy is thereby impliedly cre- 
 ated, e T. It. 3. 
 
 Where a lease granted by a tenant for life, is put an 
 end to by his death, but the remainderman afterwards re- 
 ceives rent from the tenant, this impliedly creates a ten- 
 ancy, and the remainderman cannot put an end to it 
 without giving a notice to quit. 7 T. R. 8tf. 
 
 A person in possession of land, under a contract with the 
 owner for the purchase, is a tenant at will. 12 Mass. 325 
 
 TENANCY BY HOLDING OVER THE TERM. 
 
 If a landlord consents to the tenant's holding over up- 
 on the expiration of his lease, he holds on the former 
 terms; it being understood that the parties have renewed 
 their contract for another month, quarter, or year, as the 
 case may be. 
 
 If a tenant holds over without (he consent of the land- 
 lord, he becomes a tenant by sufferance, and the landlord 
 may peaceably remove him and his goods, and the tenant 
 not be entitled to resist. 
 
 If the tenant, on account of sickness, obtain the con- 
 sent of the landlord to hold over until well, the landlord 
 can demand rent only for the time he occupies. 
 
 JOINT TENANTS, OR TENANTS IN COMMON. 
 
 Tenants in common are where more than one person 
 holds some estate in one piece of land, either under a 
 .landlord, or as owners of the soil. It need not be de- 
 rived from the same person, nor held by the same title, 
 nor in the same proportion. By the Ohio statute, and 
 we presume by the law of all the states, a person has a 
 right to demand a partition of the e&tate, by which, his 
 part will be set off to him. 
 
 Joint tenants, tenants in common, and coparcerncrs, 
 may grant leases for years or at will of their respective in- 
 terests, or they may join and convey their whole interest.* 
 
 * Co-tenants are equa'ly bound lo repair, or support a parlitio i wall, fence, 
 common well, privy, &c. If one party refuse to join, ilie oili :r may, after 
 giviiii? him reasonable notice, doit himself, and charge hi* vo-te lam with hi* 
 proporiion of the expense. 
 
 If a tree grown in a hedpe dividing the land of two persons, with roots ex- 
 tending imo the land of each, they are tenants in common of ll e tree : but if 
 it stands on my side of the line, my neighbour may have a righ to cui awiiy 
 the branche*, or the roots on his side, unless of twenty yen re growth, bul he 
 has no rig-hi to convert either the branches or the fruit n. hi* own use. No 
 person has a right to build or plant anything which shall overhang another'* 
 laud.
 
 14 THE COMMON LAW OF 
 
 LEASE. 
 
 [See Forms of Leases, from pages 99 to 106.] 
 
 A lease is properly a conveyance, (usually in writing, 
 if for one year or more, and under seal,) of lands, tene- 
 ments, or other things (in consideration of rent or other 
 recompense,) made for life, or years, or at will, hut al- 
 ways for a less time than the lessor has in the premises. 
 Leases may endure so long as the interest of the lessor, but 
 no longer. Two copies of the lease should be made, one of 
 which is retained by the landlord, the other by the tenant. 
 
 The lease, should be delivered by the parties, or by some 
 authorized agent. 
 
 A covenant to renew the lease implies another lease 
 for the same term and rent, but not with all the coven- 
 ants contained in the former lease, such covenants being 
 incidental, and not essential parts of the lease. 
 
 A covenant, to renew upon such terms as might be 
 agreed upon, is void for uncertainty. 
 
 A lease from the first day of July of one year, to the first 
 day of July in the succeeding year, excludes the first day. 
 But proof of a local custom, that a lease in those terms 
 expires at noon of the last day, is admissible. 
 
 Every lease must, either on its face, or by words of 
 reference, give to the subject intended to be conveyed, 
 such a description as to identify it. 
 
 If a party enters into possession without any agreement, 
 it is understood, in some states, to be a taking from year 
 to year ; in others, as tenant at will. 
 
 If it be intended that the tenant shall pay taxes, or 
 assessments, re-build the premises in case of fire, or keep 
 them insured, or that he shall not underlet or assign with- 
 out the landlord's consent, it should be so stated in the 
 lease; because these things cannot be insisted upon unless 
 bargained for. 
 
 A tenant, for life can make a lease for his own life only. 
 
 Tenants in dower, or by the curtesy, are mere tenants 
 for life, and their leases determine with their lives. 
 
 A tenant for a t^rm of years may make an under- 
 lease of all or any part of the premises leased to him, pro- 
 vided his underlease be for a shorter term than his own. 
 He must reserve to himself, however, a reversion of some 
 portion of his term, even if it be only a day, otherwise the 
 instrument will be an assignment.
 
 LANDLORD AND TENANT. " 15 
 
 But a tenant at will or sufferance cannot make a lease. 
 There can he no such thing as an under-tenant to a 
 tenant at will. 
 
 An under-tenant of real estate has a right to pursue 
 thereon any lawful business, which is not prohibited by 
 the lease to his lessor, nor by that to himself, and which 
 is not injurious to the premises. 
 
 If a tenant pay to one of two landlords his share of 
 rent justly due, the other landlord may maintain an action 
 for his share. 
 
 Where a lessee underlets the premises for a part of the 
 term, the original lessor cannot recover rent of the under- 
 tenant. 
 
 Bv WHOM LEASE MAY BE MADE. 
 
 Leases can be made by all persons legally capable of 
 contracting, who Ivive a present interest in the premises, 
 and are in peaceable possession. 
 
 If there are several owners, having a common interest, 
 they must all join in making a lease ; or it may be made 
 by their authorized agent. 
 
 An idiot or insane person cannot make a lease.* 
 
 A person under twenty-one years of age cannot make 
 a lease, unless it be evidently for his benefit. If not for 
 his benefit, although not actually void on that account, it 
 is voidable by him on coining of age, and if sued 
 upon it, he may plead infancy; but if he make a lease 
 rendering rent, it will bind the adult party until the minor 
 chooses to avoid it. On theolher hand, <! coining of 
 age he may confirm a lease made by him during his infancy. 
 
 A married woman cannot make a lease. The husband, 
 having sole dominion over her property during his life, 
 can make a lease in her right, without her joining in it; 
 but such a lease is binding on her only during the life ot 
 her husband, for after his death, the widow, although she 
 may have joined in the lease, may confirm or avoid it.t 
 
 * II hn nlo lieen derided, 'hnl a leane obtained from n pernn in nn extreme 
 ttnie.nl inloiiculion, IB voidable by him uulecsheiuseiil* U'il when lie become* 
 uber. 
 
 t The Revised Statutes of New York, declare thnl if n wife resides out of 
 the *-iiie. she tuiiy nni'e with her husband, und convey any of her real t.-taie 
 glllisileil w Hum ili:ii Kline. 
 
 The ri?lit of n intirried womnn (under eertain ronrtiiion*. \vi-h lheeonent 
 Ol her Imslniiiil) n> irmkr roiiveyriitre*. or len-"e* of her reiile*ile is understood 
 to prevuil generally throughout the United States. 3 Pick. 521.
 
 1C THE COMMON LAW OF 
 
 To WHOM THE LEASE MAY. BE MADE. 
 
 All persons whatsoever, even idiots, infants, and mar- 
 ried women, may be I -ssees. If they labor under any 
 disability at the time of the making of the lease they may, 
 upon the removal of the disability, avoid such lease; but 
 if they continue to occupy the thing demised after the re- 
 moval of the disability, the lease thereby becomes good 
 and binding upon them. 2 Cruise, 79, 85. 
 
 LEASES MAY BE MADE BY POWER OF ATTORNEY. 
 
 A power of making leases for a longer term than the 
 party would otherwise have authority by law to jirant, is 
 frequently given in settlements and wills, to those to whom 
 an estate merely for life is tbereby given, to enable them 
 to let the Ian Is, &,c., beneficially, as well for themselves 
 as for those who come into possession after them ; but lest 
 tenants for life should exert those powers to the injury of 
 the persons in remainder or reversion, they are in general 
 restrained by the words of the power from making leases, 
 except on certain conditions. Every circumstance re- 
 q Tired by the power must be strictly followed, otherwise 
 the lease will be void, and the power be deemed to be 
 wholly unexecuted. The restrictions usually annexed to 
 leasing powers relate 
 
 1. To the instrument by which the power is to be 
 executed. 
 
 2. To the Innds to be let. 
 
 J3. To the time when the lease is to commence. 
 
 4. To its duration. 
 
 ft. To the rent to be reserved. 
 
 G To the clause and covenants required to be inserted. 
 
 Executors and administrators may make a lease, if the 
 deceased was possessed of an estate for a term of years, 
 in the same manner as the testator, or intestnte, might 
 have doi:e; and an executor tnny do this before probate. 
 If there be two or more executors, a lease by one of them 
 will be as valid as if it were made by all. 
 
 A mortgicrnr in possession cannot make a lease of the 
 mortgaged property, so as to bind his mortgagee, unless 
 he h ive authority, express or implied, from the mortgagee, 
 to do sqj but such a lease will be good as between the 
 parties. On the other hand, the mortgagee, although in
 
 LANDLORD AND TENANT. 
 
 17 
 
 possession, cannot make a lease so as to bind the mort- 
 gagor, if he should afterwards redeem the property.* 
 
 When it is necessary to make a lease of mortgaged 
 property, both mortgagor and mortgagee should join. 
 
 ENTRY OF LESSEE. 
 
 The lease of itself vests in the lessee no estate whatever 
 in the demised premises it merely gives him a right to 
 enter upon, and take possession of them; so that, to com- 
 plete the title of the lessee, he must actually enter upon 
 the demised premises. Before entry, he is bound by his 
 contract, and must perform all the covenants in his lease. 
 
 Where the term is to commence at some future time, 
 the lessee cannot enter before that time. But having le- 
 gallv entered, he is entitled to hold the premises, not only 
 against strangers, but also against the lessor, and all per- 
 sons claiming title under him. 
 
 NAMES OF PARTIES TO A LEASE. 
 If a lease is made by an agent, or attorney, it should 
 run in the name of the principal, and not of the agent 
 
 CONSIDERATION. 
 
 Some good or valuable consideration must also appear 
 in the lease. Natural affection is a good consideration. 
 
 THE DATE OF A LEASE. 
 
 The date of the instrument is not absolutely necessary, 
 as the term will be taken to begin from the delivery of the 
 deed, unless some particular time for its commencement 
 is therein specified. 
 
 THE FORM OF SEAL. 
 
 There should be a seal of wax, wafer, or other tenacious 
 substance, capable of being impressed, for each signature 
 of a party to a lease, whenever a seal is required. In 
 some of the Southern and Western States a circle or scroll 
 of ink made with a pen will answer for a seal. 
 
 In Virginia and Alabama, there must be evidence of 
 an intention to substitute the scroll for a seal. 
 
 * A mortgagor in possession, according to English law, is regarded as a tenant 
 at will to the mortgagee, who may enter upon the mortgagor at any lima 
 even before default of payment of the mortgage money, and eject him. unless 
 otherwise provided in the mortgage; and this doctrine, according to Chancel- 
 lor Kent, prevails very extensively in the U. S. In New York the Revised 
 Statutes have abolished the action of ejectment by a mortgagee. 
 
 2
 
 18 THE COMMON LAW OF 
 
 WITNESSES TO THE EXECUTION. 
 
 In executing a verbal lease no witness is necessary ; 
 but in a lease by deed, two attesting witnesses are requisite 
 in New Hampshire, Vermont, Rhode Island, Connecticut, 
 Ohio, Michigan, Illinois, Indiana, Delaware, Tennessee, 
 South Carolina, and Georgia. 
 
 In New York a lease for three years or more, or for 
 life, must be recorded ; and if not acknowledged previously 
 to its delivery, its execution and delivery shall be attested 
 by at least one witness. 
 
 In Massachusetts, a lease for seven years or more, may 
 be executed in the presence of at least one witness, but 
 must be acknowledged and recorded.* 
 
 USUAL COVENANTS IN A LEASE. 
 
 (See, also, Special Covenants on pages 39- to 44, and 105, 106.] 
 
 No particular form of words is requisite to make a 
 covenant. The words " provided" and " agreed" make 
 a covenant. The words " covenant, grant, and agree," 
 will operate as a lease. 
 
 The words covenant, and agreement, signify the same 
 thing, as engagements to do, and not to do. If it is an 
 engagement under seal, then it is technically a covenant. 
 Covenants are of two kinds, express and implied. An 
 express covenant is one expressed in positive words; an 
 implied covenant is such an obligation as the law intends, 
 incident to the nature of the contract. In New York 
 implied covenants are abolished, and it therefore becomes 
 necessary to mention particulars. 
 
 The Lessee covenants to pay rent. In practice the 
 lease always contains a covenant by the lessee to pay the 
 rent. But the like covenant may be implied from the 
 words in the reservation, " yielding and paying," &,c. 
 By this covenant, the lessee is liable for the rent during 
 the whole of the term, even although he assigns his inter- 
 est to another ; if an action be brought against him for it, 
 he cannot even plead a tender of the rent by the assignee. 
 
 To pay or cause to be paid all tares. The tenant 
 sometimes covenants to pay all taxes, assessments and 
 impositions whatsoever. (See p. 23.) 
 
 To repair. Leases of houses or other buildings usually 
 contain a covenant on the part of the lessee to keep the 
 
 * It is often less difficult to prove the handwriting of the parlies, than to find 
 Ike witnesses, but .in icknowledgmenl of the lease ran be read in evidence.
 
 LANDLORD AND TENANT. 10 
 
 premises in good and tenantable repair during the con- 
 tinuance of the term, and to leave them in the like state 
 of repair at the end, or ether sooner determination of the 
 term. In addition to this, there is sometimes a covenant 
 by the lessee to repair within a certain time after notice 
 from the lessor, requiring him to do so. (See p. 39.) 
 
 Not to commit waste. A covenant to this effect is often 
 introduced into leases of farms, and sometimes into leases 
 of houses. It is generally construed to mean such waste 
 only as may be injurious to the reversion. 
 
 Not to assign or underlet, fyc. A covenant by the 
 lessee not to assign his term to another is very usual in 
 lenses, as well of farms, as of houses. But the landlord 
 by such assignment acquires an additional security for his 
 rent and the performance of covenants, having the same 
 remedies against an assignee that he would have against 
 his lessee, and retaining still his remedies against his 
 lessee. Not to underlet admits of a different consideration. 
 
 A covenant restraining the assignment of a lease only, 
 will not prevent an under-letting. Thus, where a tenant 
 covenanted that he would not assign, transfer, set o*er, 
 or otherwise part with the indenture, or the premises 
 thereby leased, or any part thereof, it was held that he 
 might, nevertheless, underlet them. (17 John. 66; 15 
 Ib. 276.) If, however, he covenants not to let or assign 
 over the premises, he cannot underlet. 1 M. &- S. 297. 
 
 The usual covenants against assignment, &c., are only 
 broken by the voluntary assignment of the premises by 
 the lessee ; where, therefore, they are sold under a judg- 
 ment and execution against the lessee, there is no breach 
 of the covenant, unless there has been fraud or collusion 
 on the part of the lessee. (15 John. 278.) So, an as- 
 signment under the Insolvent or Bankrupt Act, would 
 not amount to a breach of the covenant. 
 
 The landlord may, however, protect himself against 
 assignments by operation of law, by inserting after the 
 usual covenant against assigning and underletting, a 
 clause to the effect that the tenancy shall be determined 
 upon its being taken upon an execution, or upon its 
 passing out of the tenant's (giving his name) hands, either 
 by his own acts or by operation of law. 
 
 The usual covenant, " not to assign or underlet," has 
 merely the effect of subjecting the lessee to an action for
 
 20 THE COMMON LAW OF 
 
 damages, if he violate it. But a condition against it 
 would enable the lessor to re-enter and avoid the lease. 
 
 Not to carry on a particular trade, fyc. A very ordi- 
 nary covenant on the part of the lessee, in leases of houses, 
 is, that he shall not carry on any trade, or any particular 
 trade specified, or allow of the same to be carried on, in 
 the house demised, without the license of the lessor. 
 
 To surrender at the end of the term. The lessee 
 covenants, that he will on the last day of the term peace- 
 ably yield up to the lessor the premises, &,c., in good 
 tenantable repair, reasonable wearing and use thereof, 
 and damage by fire or other casualties excepted. 
 
 -4s to the management of farms. In leases of farms, 
 there are usually a number of covenants upon the part of 
 the lessee introduced, as to the manner in which the farm 
 is to be managed, the course of cropping, the expenditure, 
 upon the farm of the manure, hay, straw, &c. made upon 
 it, or that if hay or straw be removed, a certain quantity 
 of manure, in proportion to it, shall be brought upon the 
 farm, and the like. These, of course, must vary very 
 much, in different states, according to the course of hus- 
 bandry adopted in them. 
 
 Usual covenants. In agreements for leases, and in 
 powers of leasing, it is very often stipulated that the lease, 
 when prepared, shall contain all usual and customary co- 
 venants. What are to be deemed usual covenants then 
 becomes a question, and very often depends upon the 
 custom or usage in that respect in the county or neigh- 
 borhood where the premises are situate, often upon the 
 nature of the property itself. What are usual covenants, 
 is a question of fact, not of law. 
 
 The tenant usually covenants To pay rent ; to pay 
 taxes; to allow lessor to enter and view state of premises, 
 and that lessee will repair according to notice ; that the 
 lessee will not use premises as a shop, or for an offensive 
 trade ; or assign, or underlet, without consent of lessor ; 
 that he will leave premises in good repair, reasonable wear 
 and tear and damage by fire and other casualties excepted ; 
 that the lessor may enter on the premises on non-payment 
 of rent, or non performance of covenants. And the land- 
 lord covenants, That he will repair; that there are no in- 
 cumbrances ; and that on performance of the covenants,
 
 LANDLORD AND TENANT. 21 
 
 the lessee may keep possession of the premises for the 
 time granted. 
 
 Implied covenants* A covenant by the lessee to pay 
 rent, may be implied from the words, " yielding and pay- 
 ing," &,c. 2 Ro. Rep. 399. 
 
 The landlord covenants to indemnify against incumbran- 
 ccs. The tenant should require of the landlord a cove- 
 nant that, during the term, he shall enjoy the premises 
 free from all incurnbrances. A tenant may at any time 
 be dispossessed of the premises by some incumbrance of 
 which he had no knowledge. 
 
 Rents to cease in case ofjire or other casualty. In case 
 the premises or any part thereof shall, during the term, be 
 destroyed by fire, or other unavoidable casualty, the lessor 
 shall forthwith proceed to rebuild and repair the same in 
 as good condition as the premises were in before such 
 fire, and in the mean time, and until said premises are 
 rebuilt and put in go'od and tenantable order, the rent, or 
 a just and proportional part thereof, shall be suspended. 
 
 Covenant for quiet enjoyment by the Landlord. That 
 the tenant, if he perform the covenants on his part to be 
 performed, shall peaceably hold and enjoy the premises 
 during the continuance of the term, without hindrance or 
 interruption by the lessor, or of any other person or per- 
 sons whomsoever. 
 
 To pay taxes and assessments. In some leases the 
 tenant is required to pay all the taxes and assessments ; 
 but if the lease is silent on the subject, the law imposes 
 this obligation on the landlord. The tenant may, how- 
 ever, discharge the taxes, and deduct what he is obliged 
 to pay out of the rent. 
 
 By the Massachusetts Revised Statutes, the tenant is 
 bound to pay one-half the taxes, if there be no agreement 
 in the lease to the contrary. 
 
 (See also other Covenants on pages 43, 44.) 
 
 WORDS USUALLY MADE USE OF IN A LEASE. 
 
 The words usually made use of in a lease are, " demise, 
 lease, and to J arm let" but any other words which are 
 
 In a deed containing express covenants, there may also be implied coven- 
 ants not contradictory to those expressed. 7 Mass. 68. 
 
 2*
 
 22 THE COMMON LAW OF 
 
 sufficient to explain the intent of the parties, that the one 
 shall divest himself of the possession, and the other cotne 
 into it for a determinate time, are sufficient, whether such 
 words run in the form of a covenant, license, or agree- 
 ment ; they will, in construction of law, amount to a lease. 
 Thus, a license to enjoy or inhabit a house, has been 
 deemed a demise of it, but no words that merely indicate 
 an intention of the parties at some future time to let the 
 premises, will constitute a lease; and if the instrument 
 contain an express stipulation, that it shall not be deemed, 
 or taken to be a lease, it is clear that it must be consider- 
 ed an agreement only. But the words used must be of 
 present demise. 
 
 COMMENCEMENT OF THE TERM. 
 
 The time at which the term is to commence must be 
 stated, otherwise it cannot be known when the rent is to 
 become due. If there are no writings, the tenancy com- 
 mences from the day the tenant enters into possession. 
 
 CONTINUANCE OF THE TERM. 
 
 The same certainty is necessary as to the extent and 
 duration of a lease as for its commencement.* 
 
 The continuance of the term in a lease for years must 
 be ascertained with certainty, either by the express limit- 
 ation of the parties themselves, at the time the lease is 
 made, or by reference to some collateral act, which may, 
 with equal certainty, measure the continuance of it, other- 
 wise it is void. Plowd. 271. 
 
 A lease for a certain term may be good, although it be 
 stipulated that it shall determine at an earlier period, upon 
 the happening of a certain event. 
 
 A lease for a certain number of years, from a certain 
 day, for instance, the 25th March, is not determined until 
 the expiration of the 25th March in the last year of the 
 tenancy, unless there is proof of a local custom to the 
 contrary. 
 
 It is not necessary that the continuance of the term 
 should be stated in years ; a lease for one hundred thou- 
 
 * A lease for years ought to have certainty in its limitations, viz., in the 
 commencement of the term, in the continuance of it, and in the end 01 it. So 
 all these ought to be known at the commencement of the lease, and words in 
 the lease which do not make this appear are but babble. Plowd. 272.
 
 LANDLORD AND TENANT. 23 
 
 sand days, or for a certain number of months, would be 
 good and valid. 
 
 A lease for life is for the life either of the lessor or 
 lessee, or of some third person. 
 
 If the lease does not state for whose life, it will be pre- 
 sumed to be for the life of the lessee. 
 
 A lease for three, Jive, or seven years, as the lessee shall 
 think proper, is, in the first instance, a lease for three years ; 
 and if the lessee continue to hold after that, it is a lease 
 (or jive; and if the lessee still continue, it is a lease for 
 seven. If the lease omit to mention at whose option it 
 may be determined, the power of deciding whether it is to 
 be for the shorter or the longer term, is in the lessee alone. 
 
 A lease from year to year, that is to say, for a year, and 
 so on, from year to year so long as both parties shall 
 please, is a lease for two years certain, unless notice to 
 quit be given on the day of the execution of the lease ; 
 and if it be not determined at the end of the second year, 
 by a notice to quit previously given, it is good for the 
 third year, and so from year to year, until determined by 
 either parly, by notice,* or until some event happen which, 
 in contemplation of law, will destroy it. Cro. El. 775; 
 4 Doug. 213. 
 
 TAXES. 
 
 All Taxes and public charges must be paid by the land- 
 lord. If the tenant pay them, he will have a. right to de- 
 duct them from the rent. In Massachusetts, however, the 
 statute requires that the tenant pay half the taxes, and 
 should the landlord pay them, he can recover in an ac- 
 tion against the tenant, unless there be some agreement 
 to the contrary. (See Mass. Slat., p. 76.) 
 
 THE PARCELS. 
 
 A leace should describe the premises demised, with 
 certainty, in order to avoid dispute or litigation afterward. 
 A demise, however, of a farm, slating its name and where 
 situate, will pass to the lessee all the land, buildings, &c. 
 constituting the farm at the time of the making of the 
 lease; and the number and identity of the parcels, if 
 doubted or disputed, at any time afterwards, may be es- 
 tablished by evidence of what constituted the farm, &,c. 
 
 * This is an important fact, and probably is not generally known.
 
 24 
 
 THE COMMON LAW OF 
 
 " Where a lease was made of certain houses, together 
 with a piece of ground which formed part of an adjoining 
 yard, together with all ways which the said premises, or 
 any part thereof, theretofore used or enjoyed ; and at the 
 time of the making of the lease the whole of the yard was 
 in the occupation of one person, who had always used and 
 enjoyed a certain way by a gateway from the street to every 
 part of the yard ; it was holden that the lessee was entitled 
 to the same right of way to that part of the yard let to him." 
 
 If a lease expressly refer to the parcels in a former 
 lease, and purport to demise the same, the lessor will be 
 bound by it, although part of the parcels had in fact been 
 separated from the premises between the making of the 
 one lease and of the other. 4 Jurist, 941. 
 
 RESERVATION op RENT. 
 
 Rent is a certain profit to the Landlord arising from 
 the thing let, and not any matter that is part and parcel of it. 
 It is not necessary that the rent should consist of money; 
 corn, horses, &c., may be rendered by way of rent ; also, 
 labor by the lessee, his servants, cattle, &-c. 
 
 The rent reserved must be certain ; the amount must 
 either be expressly stated, or be such as by reference to 
 something else, can be certainly ascertained. Co. Lit. 96. 
 
 Rent is usually made payable weekly, monthly, quar- 
 terly, or yearly, or it may be every two or three years, as 
 the parties may choose to contract. If the rent is paya- 
 ble yearly, the lessor cannot demand it half-yearly, or 
 quarterly. Latch, 264; Lutw. 231. 
 
 If a tenant covenants to pay rent in advance, he may pay 
 it at any time during the day on which it is made payable. 
 
 The rent must be reserved to the lessor, his heirs and 
 assigns, or to the lessor, his executors, administrators and 
 assigns. It cannot be reserved to a stranger. Co. Lit. 47. 
 
 The reservation may be made in any form of words that 
 express or imply that a return of something that was not 
 in the lessor before is to be made instead of the thing let. 
 
 The usual words are, " Yielding and paying for the 
 same yearly, during the said term, unto the said J. S. } his 
 representatives [or heirs, executors, administrators] and 
 
 assigns, the sum of , by equal quarterly payments, on 
 
 the , the first quarterly payment of said yearly rent 
 
 to be made on the day of next ensuing the date of 
 
 these presents."
 
 LANDLORD AND TENANT. 25 
 
 PREMISES DESTROYED BY FIRE, OR OTHER CASUALTY, 
 
 It is a well settled rule of the common law o England 
 that upon an express contract to pay rent, the loss of the 
 premises by fire, or inundation or external violence, will 
 not exempt the party from his obligation to pay rent. The 
 same rule prevails equally in this country, in the case of 
 an express covenant to pay rent. 
 
 "The following are statutory provisions, applicable to 
 the city of N. York, but are understood to be an enact- 
 ment of the general law. "Where the whole of a lot of land, 
 or other premises under lease, is taken for city, or other 
 public improvements, the lease, upon confirmation of the 
 report of the Commissioners, becomes void; and if only 
 part of the premises is taken, the lease becomes void as to 
 the part taken, but remains valid as to the residue; and 
 in the event of closing up a street or road on which the 
 leased premises are situated, if they are no longer upon, or 
 contiguous to, a public highway, the lease becomes void."* 
 (See Repairs, page 39.) 
 
 TENANCY now DISSOLVED. 
 
 The relation of Landlord and Tenant may be dissolved : 
 1st. By the expiration of the term of the lease. 2d. By 
 
 * According to the principles of natural law, the law of Scotland, the Code 
 Napoleon, and the Code of Louisiana, if the whole of the pi emises is destroyed 
 jy fire, or fortuitous events, or is taken for public purposes, ihe lease becomes 
 void ; Inn where only a part is destroyed or taken, it is void as to that pan. 
 But it has been decided in New York and Massachusetts, that a lessee of 
 premises which are burned, has no relief against an express covenant to pay 
 rent, either at law or in equity. 
 
 In i-ii-i 1 - a building is destroyed by order of a magistrate, to prevent any 
 great public calamity, as well as in the event of a building being destroyed by 
 a mob, the tenant is entitled to recover damages from the public treasury, not 
 only for hi interest in the building, but also for the merchandize, or other per- 
 sonal property belonging to him, which was in, and destroyed with, the 
 building. This was decided in a case arising out of the great fire which 
 occurred in New York, in December, 1835. 
 
 Where part of land is taken for public use, it is no extinguishment of the 
 lease. 
 
 The complninant leased a (tore for three years, in Boston, covenanting to 
 pay the rent, and leave the premises in good repair at the end of the term, and 
 the lessor reserving a right tn enter and make improvements. The front part 
 of the land was taken, and the front wall of the building cut oflfby the city, In 
 order to widen the street. Held, the term was not thereby ended, nor the ten- 
 ant discharged from his covenants to pay rent and repair : 
 
 That the landlord or tenant might build the wall, and the cost wag a good 
 claim for damages against the city: 
 
 That the city was liable for damages to the tenant for the los of the use of 
 his store for the period necessary to remove his goods, make the repairs, and 
 move back, and for the diminution in the value of the premises, he continuing 
 to pay the same rent and taxes ; but not for damages by loss of custom in con- 
 sequence of occupying a less favorable place of business, while the repair* 
 were going on. 20 Pick. 159.
 
 26 
 
 THE COMMON LAW OF 
 
 the death of the person on whose life the lease depends. 
 3d. By a breach of some covenant in the lease. 4th. By 
 keeping a house of ill-fame, or the like. 5th. Where 
 the landlord accepts another person as tenant. 6th. 
 Where the tenant is deprived by the landlord of the 
 whole or a material part of the premises.* 7th. If the 
 landlord allows the premises to be disturbed ; or part of 
 them used as a house of ill-fame. 
 
 It has been held that a lease of a dwelling-house, under 
 seal, is determined by the delivery of the key and the receipt 
 of it by the lessor, and his endeavoring to let the house. 
 
 A lease for a term of years is not determined until the 
 last moment of the anniversary of the day from which the 
 tenant was to hold, in the last year of the tenancy. 
 
 A tenancy at will may be determined either expressly 
 or by implication. The mode of determining it expressly 
 by either party is, by a demand of possession on the part 
 of the lessor, or by an express declaration by the lessee 
 that he will hold no longer ; which declaration should 
 be by a notice in writing. In Massachusetts, and some 
 other states, notice in writing is required by statute. 
 See Chap. III. (See Tenancy at Will, p. 6.) 
 
 A determination of the lease may be implied from any 
 act of ownership exercised by the lessor, which is incon- 
 sistent with the nature of the estate : as if he make a lease 
 of the lands, to commence immediately ; or enter upon 
 the land and cut timber ; or do any other act showing that 
 he has determined the lease this will have the effect of 
 putting an end to the lessee's interest, if the tenant consent. 
 
 And on the other hand, any act of desertion by the ten- 
 ant, or other act inconsistent with the estate, will operate 
 as a determination of the estate : as if he assign over the 
 land to another, or commit an act of waste, his estate is 
 thereby determined, if the landlord chiim possession. 
 
 in a tenancy at will, if cither parly die, the lease is 
 thereby determined. It is also determined by the sale or 
 letting by written lease of the premises. (See p. 6.) 
 
 * By statutory law, applicable lo the cily of New York, llie tenancy is dig- 
 solved, in the event of closing tip the street or road on which the leafed 
 K remises are located, so thai they arc no longer upon, or contiguous to, a public 
 ighway. So, when part of the premises is taken, the lease becomes void as 
 to the part taken, but remains valid as to the residue. 
 
 If the tenant be deprived by the landlord of the free use of any material 
 pan of the premises, he may throw up his lease, and be no longer leepousible 
 for the rent ; or he moy retain possession of the remaining part of the premises, 
 and sue the landlord for damages. 3 Camp. R. 513.
 
 LANDLORD AND TENANT. 27 
 
 A tenancy at sufferance is determined by mere entry ; 
 no demand of possession or other notice is necessary. 
 (Seep. 7.) 
 
 DISSOLUTION OP TENANCY BY FORFEITURE. 
 
 The right of a landlord to enter for a forfeiture of the 
 term by the tenant, is either given by law, or it is made 
 the matter of express stipulation in the contract. If a 
 lessee do any act, by which he disnffirms or impugns the 
 title of his lessor, his lease is thereby forfeited. If, in an 
 action against him by the lessor, grounded upon the lease, 
 he resist the demand under a grant of a higher interest in 
 the land or if by matter of record he acknowledge the 
 fee to be in a stranger he thereby forfeits his lease.* 
 
 If a lease be granted upon condition, and the condition 
 be broken, the lessor may enter for the condition broken. 
 
 And if it be stipulated in the lease or agreement under 
 which a teiiant holds the demised premises, that if he be 
 guilty of a breach of a particular covenant or stipulation, 
 or generally, of any of the covenants in the lease, or sti- 
 pulations in the agreement, on his part to be performed or 
 observed, that tiie landlord may re-enter if the teaant 
 be guilty of any such breach, the landlord may accordingly 
 re-enter, or bring his ejectment. But the stipulation in 
 the lease or agreement, which gives this power of re-entry 
 is generally construed very strictly. 
 
 It is a settled rule at common law, that where a right 
 of re-entry is claimed on the ground of forfeiture for non- 
 payment of rent, there must be proof of a demand of the 
 precise sum due, at a convenient time before* sunset, on 
 the day when the rent is due, at the place stipulated in 
 the lease, or if there be none, then upon the most notori- 
 ous place upon the land, which, if there be a dwelling- 
 house, is at the front door. Co. Lit. 202 1 Saund. 287. 
 
 The lessee may make a personal tender of the rent to 
 the lessor, in order to save the forfeiture, at any time dur- 
 ing the natural day, that is, before twelve at night, on 
 which the rent becomes due. 
 
 When rent is due, a tender upon the land is good, and 
 prevents a forfeiture. Co. Lit. '201 2. The tenant is 
 not bound to go and seek the landlord, provided the con- 
 
 * This i* English law. The American courts might decide differently.
 
 28 THE COMMON LAW OF 
 
 tract be silent as to the place of payment ; and yet a per- 
 sonal tender to the landlord off the land is also good. 
 
 Courts of equity are only closed against the tenant, 
 where the forfeiture is incurred by his wilful and culpa- 
 ble neglect to fulfil the terms of his covenant. 
 
 WAIVER OF FORFEITURE. 
 
 The receipt of rent which accrued subsequent to the 
 forfeiture of the lease is a waiver of the forfeiture, and 
 will constitute a good defence to an ejectment suit brought 
 against the lessee to enforce such forfeiture. (9 Paige, 
 427.) The forfeiture must be known to the lessor at the 
 time, in order to render his acceptance of rent, or any 
 other act, a waiver. 2 D. & E. 425. 
 
 The receipt of rent does not operate as a waiver, unless 
 the rent received accrued subsequent to the act which 
 works a forfeiture. 13 Wend. 530. 
 
 DISSOLUTION OF TENANCY BY SURRENDER. 
 
 A surrender is a yielding up by mutual agreement, of 
 an estate for life, or years, to him who has an immediate 
 estate in reversion, or remainder, wherein the estate for 
 life, or years, may merge ; and must be done by deed or 
 note, in writing, signed by the party so surrendering the 
 same, or his agent thereto lawfully authorized by writing, 
 or by act and operation of law. A surrender in law is, 
 where the lessee accepts a new lease of the same premises 
 from the reversibner. The technical and proper words 
 are, " surrender and yield up" but any form of words by 
 which the intention of the parties is manifested, will be 
 sufficient. 4 Cruise, 93. The effect of a surrender as 
 between the parties is, that the term granted by the lease 
 is thereby merged and destroyed, and the lease is at an 
 end ; but the rights of strangers are not affected by it. 
 
 The under lessee cannot surrender to the original les- 
 sor, but he must surrender to his immediate lessor or his 
 assignee. 
 
 Tearing up a lease by mutual consent does not operate 
 as a surrender, because the deed is not the essence of the 
 contract, but only the evidence of it. 
 
 The express consent of all parties is necessary to create 
 a surrender at law ; and the acts done must be unequivo- 
 cal ; for if they are susceptible of an explanation at
 
 LANDLORD AND TENANT. 29 
 
 variance with the intention of surrendering the lease, 
 they will not be considered as a surrender. The giving 
 up the key by the tenant, and the acceptance of it by the 
 landlord, amounts to a surrender. 
 
 And where a tenant left the premises without giving 
 notice, before his lease had expired, and the landlord 
 relet the premises for a less rent, it was held, the land- 
 lord could not recover the difference from the original 
 lessee; but the court, in this case, intimated, that if, 
 before reletting, the landlord had given notice to the 
 original lessee, that if he did not occupy the premises 
 himself he would let them to another tenant, on his 
 account, he might then have recovered. 11 Moore, 380. 
 
 In one case, where the tenant had quit without notice, 
 arid the landlord had put up a bill in the window of the 
 premises, signifying that they were to be let, it was held, 
 that the landlord was not deprived by that act of his right 
 to sue the original tenant for rent. 3 Esp. 225. 
 
 The mere circumstance of a landlord's having accepted 
 rent from an assignee or undertenant in the possession of 
 the premises, does not of itself amount to an acceptance 
 of the assignee or undertenant as his lessee in the place 
 of the original lessee. 1 Stark. 96. 
 
 NOTICE TO QUIT BY LANDLORD 
 
 [See Statutes of States, from p. 53 to p. 98, and also Forms of Notice, p. 107.] 
 
 A tenancy at will, or from year to year, may lawfully 
 be dissolved by a notice, in writing, to the tenant, re- 
 quiring him to remove from the premises. 
 
 A notice to quit may be required by statute, or by local 
 custom, or by express stipulation between the parties. In 
 the latter case, the notice must be such as has been agreed 
 upon ; and therefore, if it be agreed between the parties, 
 that the tenant shall quit at a quarter's notice, of course 
 a quarter's notice only is necessary. Where notice to 
 quit is required by local custom, the custom will be con- 
 sidered as forming part of the contract, and must be com- 
 plied with. 
 
 In absence of express stipulation, local custom, or sta- 
 tute law, if a tenant hold his land, or house, &c., from 
 year to year, expressly or impiiedly, either the landlord or 
 he may determine the tenancy by giving a half year's notice 
 to quit. The same, where a tenancy from year to year is 
 3
 
 30. THE COMMON LAW OF 
 
 implied by law, or from the payment of rent, or the like. 
 
 If the tenancy be from half year to half year, half a 
 year's notice to quit must be given ; if from quarter to 
 quarter, a quarter's notice ; if from month to month, a 
 month's notice ; if from week to week, a week's notice; 
 if there be a usage or law to that effect, and no express 
 stipulation to the contrary. 
 
 But where the tenancy, by express stipulation, is to end 
 on a certain day, then a notice to quit is not necessary. 
 Nor is it necessary where the tenant holds under an ad- 
 verse title, or has done any act that amounts to a dis- 
 claimer of his lessor's title. Nor is it necessary to be 
 given by a mortgagee to the mortgagor, or by the mort- 
 gagee to the tenant in possession, if the tenancy were 
 created by the mortgagor after the date of the mortgage. 
 
 Notice to quit must be given by the landlord, or by the 
 person who may have succeeded him in the title, as heir, 
 assignee, &.C., or by his agent.* 
 
 A notice to quit given by one of two joint tenants, will 
 have the effect of determining the tenancy as to his part, 
 or moiety ; but if it be intended to determine the tenancy 
 as to all, if given by one, it must either be signed by all ; 
 or given expressly on the behalf of all. If given by an 
 agent on behalf of all, it will determine the tenancy as to 
 all, although he be authorized by one of them only ; and 
 it is sufficient if his authority be subsequently recognized 
 by them. 
 
 Notice to quit must be given to the landlord's imme- 
 
 * A mistake in the notice to quit, as to the time of the expiration of the 
 tenancy, is fatal ; but in order to avoid this, the notice should require the 
 tenant to quit at the end and expiration of the current quarter, or year, of his 
 tenancy. 
 
 Where the tenant enters on a verbal lease, if the premises should be sold, 
 he becomes a tenant by sufferance ; and is liable to be removed without 
 notice. 
 
 When the lease of a tenant for a certain term has expired, and he is per- 
 mitted to continue in possession, he does not thereby become a yearly tenant, 
 unless rent has been received, but is a tenant at sufferance, and may be turned 
 out without notice. 
 
 It is not necessary that a notice to quit should be directed to the tenant in 
 possession, if proved to have been delivered to him at the proper time. If the 
 tenant disputes the time when his tenancy commenced, that his notice to quit 
 does not correspond wilh it, it is incumbent on him to show the time of the 
 commencement of the tenancy, not on the lessor. 4 Esp. 7. 
 
 A misdescription of the premises, in a notice to quit, is not faial, if they are 
 otherwise so sufficiently designated that the parly to whom notice has been 
 given, ha* not been misled by iu 4 E*p. 185. 
 
 Where a tenant, on being applied to respecting: the commencement o<" JiU 
 holding, informs the parties that it begins on a eeriain day, and a regular notice 
 to quit on that day is given, he shall be bound by the in formation he so gave, and 
 be not permuted to show that it began at a different time. 2 Esp. 635.
 
 LANDLORD AND TENANT. 
 
 31 
 
 diate tenant, or to his executor, or other personal repre- 
 sentative or assignee, but not to an undertenant. Where 
 the premises were held by two tenants in common, a 
 notice served on one of them was held to determine the 
 entire tenancy, on the ground that it was to be presumed 
 that notice reached the other tenant. 
 
 If the landlord distrain for rent, or receive such rent 
 after giving notice to quit, he thereby waives his notice, 
 and the tenancy continues. 
 
 When the lease is to terminate at a certain time, there 
 is no occasion for notice, for the time of termination is 
 as well known to the tenant as to the landlord. 
 
 A tenant by sufferance, is not entitled to notice to quit ; 
 and if he holds possession unlawfully, the landlord may 
 proceed by law to remove him.* (See page 7.) 
 
 Where several persons are jointly interested as land- 
 lords, a notice to quit must be signed by all, or by their 
 appointed agent or attorney. 
 
 NOTICE TO QUIT BY TENANT. 
 
 If notice to quit be given by the tenant, it should be 
 given to his immediate landlord, or to the person to whom 
 he is bound to pay his rent, or to his landlord's agent, and 
 not to any head landlord, or person under whom his im- 
 mediate landlord claims. In other respects, the same 
 rules apply to this notice as to a notice to quit by landlord. 
 
 FORM AND SERVICE OP NOTICE. 
 
 ;-'' #>* 
 
 [For Forms of Notice, &.c. see Chapter III, p. 107.] 
 
 A notice to quit should be in writing. No particular 
 form is necessary; but it must indicate to the tenant, with 
 sufficient certainty, that he is to quit the premises at a 
 certain period; and in accordance with the statutes. 
 Care must also be taken that it describe the premises 
 correctly, and as a whole ; a notice as to part only, 
 would be bad. 
 
 Duplicates are usually made of the notice, which are 
 examined, then signed, one served, and the other kept. 
 Serve one on the tenant personally, if you can ; or, if you 
 cannot meet with him, you may serve it upon his wife, or. 
 
 * The landlord cnnnot bring an action of trespass against a tenant at suffer- 
 ance, before an entry. 17 Mils. 282.
 
 32 THE COMMON LAW OF 
 
 servant, at his dwelling-house, explaining to them, at the 
 same time, the nature of the notice. Then make a me- 
 morandum of the day and manner of service on the other 
 copy, and keep it to prove the service of the notice. 
 But if tliere be but one original notice signed, it will be 
 sufficient; and an examined copy of it may afterwards be 
 given in evidence, without giving the defendant notice to 
 produce the original ; as a notice to produce a notice is 
 never required. 
 
 CONDITION OF PARTIES AT THE END OF A NOTICE TO 
 QUIT, AND ON HOLDING OVER. 
 
 Where the lease, under which a tenant has holden, has 
 expired, or has been determined by a notice to quit, the 
 landlord thereupon immediately acquires a right of entry 
 upon the premises, and he may peaceably enter upon 
 them ; and may then maintain trespass against the tenant 
 who still remains in possession, but he cannot tufn the 
 tenant or his family out of possession, except by legal 
 process. 
 
 But, if the tenant refuse to quit the premises, the land- 
 lord must have recourse to the law, and obtain possession 
 at the hands of a public officer.* 
 
 If the landlord neglect to commence proceedings to 
 eject the tenant at the termination of the notice, for a cer- 
 tain length of time, or again receive rent, he must renew 
 the notice, for the expiration of a notice is equivalent to 
 the expiration of a lease, after which time a new tenancy 
 will be held to have commenced. 
 
 A landlord, having the reversion in a house, may enter 
 it, after the determination of his tenant's tenancy by a 
 notice to quit or otherwise, either peaceably, or, if no 
 person be in the house at the time, even by breaking open 
 the door, and retain possession against the tenant, as 
 against a stranger. So, where a tenancy from week to 
 week was determined by a notice to quit, but the tenant 
 omitted to give up possession, and had some furniture still 
 in the house; the landlord, at a time when there was no 
 person in the house, broke open the door with a crowbar, 
 and other forcible application, and resumed the possession, 
 whereupon the tenant brought trespass: the court held 
 
 * For method of proceeding, see Statutes, Chapter III.
 
 LANDLORD AND TENANT. Oi 
 
 that the landlord had a right thus to enter, Dallas, C. J. 
 saying that the case of Taunton v. Costar established that 
 he might enter peaceably, and that there' was no necessity 
 for an ejectment in such a case, and his using force, when 
 there was no person upon the premises, made no differ- 
 ence; and Park, J. remarked that the declaration.alleged 
 it to be the house of the plaintiff", when in fact and in law 
 it was the house of the landlord. 1 Bing. 158. But if 
 any person be upon the premises, and force be used suf- 
 ficient to constitute it a forcible entry, this will confer no 
 right upon the landlord for so entering. In all other cases, 
 however, after the landlord thus enters, he may maintain 
 trespass against third parties, and even against the tenant 
 himself, if he continue also to hold possession. He cannot 
 however forcibly turn the tenant or his family out of pos- 
 session ; that can be done by ejectment only. 
 
 So, a* landlord may lawfully enter upon the demised 
 premises, if he have a right of entry for any other cause. 
 
 But if a landlord, not having any right of entry, enter 
 upon the demised premises during the term, he is just as 
 much liable to an action of trespass at the suit of his ten- 
 ant, as any other stranger would be. 
 
 If the landlord make- a violent and forcible entry into 
 the premises, after the tenant's term has expired, and re- 
 move the tenant's goods, the tenant cannot maintain an 
 action of trespass against him ; though the landlord may 
 be indicted for a breach of the peace. So, on the other 
 hand, if the tenant keep possession of the premises by 
 force, having in the house unusual weapons, and threat- 
 ening violence to the former possessor, should he return, 
 he is guilty of a forcible detainer. 
 
 WHEN NOTICE TO QUIT BY TENANT is UNNECESSARY. 
 
 If the landlord, by any misconduct on his part, render 
 the occupation of the tenant so uncomfortable, that he is 
 obliged to quit the premises ; or do any act which amounts 
 to an assent, on his part, that the tenancy shall end ; or 
 accept another person for tenant ; or, in the middle of a 
 quarter, accept the key of the premises from the tenant, 
 under an agreement that upon his giving up possession 
 the rent should cease, notice is unnecessary. 
 
 But in a case where the tenant had quitted the premises 
 before the year was out, and neglected to give his landlord 
 3*
 
 34 THE COMMON LAW OF 
 
 notice, and the landlord put up a bill in the window, and 
 endeavored to let the house ; it was held that such an 
 act on the part of the landlord was only for the benefit of 
 the tenant, and no evidence that the landlord consented 
 that the tenancy should be put an end to. 
 
 In Massachusetts, Connecticut, and Pennsylvania, nei- 
 ther the mortgagor, nor the tenant of the mortgagor, under 
 a lease commencing after the delivery and recording of a 
 mortgage deed, is entitled to notice, either from the mort- 
 gagee or his assignee. In New York he is. 
 
 (See page 6, as to when a notice to quit is not neces- 
 sary to be given a tenant at will.) 
 
 TENANT'S RIGHT OF EGRESS AND REGRESS. 
 
 After the tenant has quit possession, and his tenancy is 
 ended, he may enter upon the premises, in order to rp- 
 move his goods and chattels. But he can then only take 
 away such articles of personal properly as are detached 
 from the freehold ; for such fixtures as the law permits the 
 tenant to remove must be removed before the expiration 
 of the tenancy.* 
 
 EMBLEMENTS. 
 
 Emblements mean cropsof corn, or other produce, which 
 ordinarily repay the tenant for his labor within a year after 
 they are sown, although in extraordinary seasons they 
 may possibly be delayed beyond that period. 
 
 The general rule as to the right to emblements is this, 
 if the term for which a tenant holds, be uncertain or 
 contingent, so that at the time he sows his crop, he cannot 
 know that his tenancy will not continue until he shall have 
 reaped it, then he shall be entitled to the crop as emble- 
 meuts. But if his term be certain, and not depending 
 upon any contingency, and at the time he sows his crop 
 
 * Any penon is liable to an action or trespass if he enter upon premises pre- 
 viously occupied by him, (but whose lease hn expired,) for the purpose of re- 
 moving his gonds and chattels, as his property in them does not give him the right 
 toenter upon the premises. Still he hits a legal title to such goods and chattels, 
 and also to such fixtures put up by himself, its were detached from the freehold 
 before his term expired ; and if the landlord will not permit him to enter and 
 take them, he may sue the landlord, in trover, after demand, and also he may 
 have a writ of replevin. Yet the landlord, in an action of trespass, would pro- 
 bahly recover only nominal damages if the tenant should peaceably enter within 
 a reasonable time after the detennina ion of the lease, for the purpose of re- 
 mnvini his goods. 
 
 It is held thai if the injury is not, in legal contemplation, forcible, or not 
 direct aud immediate, but only consequential, the remedy is by action on the
 
 LANDLORD AND TENANT. 35 
 
 lie knows that his term will not continue until he shall 
 have reaped it, then he will not be entitled to the crop as 
 emblemeuts ; he may be entitled to it as an offgoing crop, 
 or to the value of it, by express stipulation with his land- 
 lord, or by the local custom of the country, but not as 
 emblernents.* 
 
 Where the determination of an estate for years is cer- 
 tain, as where lands are let for two years, or the like, 
 the tenant is not entitled to ernblements ; for it was his 
 own folly to sow, when he knew he could not reap. 
 
 Where an estate at will is determined by the lessor, the 
 tenant is entitled to the corn sown and other emblements; 
 but it is otherwise, if the tenant determine the tenancy. 
 
 If a husband, seized in right of his wife, sow the land, 
 and die/ his executors shall have the emblements. 
 
 If there be a clause of re-entry in a lease for non-per- 
 formance of covenants, and the lessee, after sowing the 
 land and before severance, does or omits to do some act, 
 which is a breach of one of the covenants, he is not enti- 
 tled to emblements ; for he himself, by his act or neglect, 
 has put an end to the term. 
 
 If by express agreement between the lessor and lessee, 
 the latter is to have the emblements at the end of the term, 
 he shall have them, whether he would otherwise be enti- 
 tled to them or not. 
 
 RIGHTS AND LIABILITIES OF OUTGOING TENANTS. 
 
 As soon as the tenancy has expired, the tenant is bound 
 peaceably and quietly, to deliver up to his landlord the 
 possession of the premises, together with all such build- 
 ings and fixtures as belong to them. 
 
 Either the express stipulation between the parties, or 
 the custom of the country upon the subject, must deter- 
 mine the tenant's rights; if there be neither, the crops 
 which are in the ground, or not severed at ihe end of the 
 term, belong to the landlord, unless the right to enter and 
 secure grain, after the expiration of the term, is so ex- 
 pressed in the lease. 
 
 All the straw, hay, manure, corn, severed dead and 
 live stock every personal chattel upon the farm at the 
 
 * If a tenant is eniiiled to emWernents after the determination or his terra, 
 he may maintain trespass against big landlord for forcibly preventing his tak- 
 ing them away. 9 Johns. R. 106.
 
 36 
 
 THE COMMON LAW OF 
 
 expiration of the tenancy, belongs to the tenant, and may 
 be removed by him, unless there be some custom of the 
 country, or some express stipulation between him and his 
 landlord, to the contrary.* 
 
 LANDLORD'S FIXTURES. 
 
 All things fixed to the freehold at the commencement 
 of the tenancy belong, without exception, to the landlord. 
 
 So all things fixed to the freehold by the landlord during 
 the tenancy. 
 
 So all things fixed to the freehold, which have been 
 affixed by the tenant during the term, become thereby the 
 property of the landlord, if they be not what are termed 
 tenant's fixtures, or trade fixtures. 
 
 So, all things fixed to the freehold, which remain so 
 fixed at the expiration of the term, or sooner determination 
 of the tenancy, become the property of the landlord, 
 whether they be landlord's fixtures, or tenant's fixtures, 
 or trade fixtures, unless the tenant remove them either 
 before the determination of the tenancy, or before such 
 farther time as the tenant is allowed to retain possession, 
 under circumstances which warrant him in considering 
 himself still as tenant. I Salk. 3C8. 
 
 So, if the tenancy be determined by forfeiture, all such 
 things become the property of the landlord. 
 
 TENANT'S OR DOMESTIC FIXTURES. 
 
 Domestic fixtures include all such articles as a tenant 
 fixes to a dwelling-house in order to render its occupation 
 more comfortable and convenient, and may be separated 
 from it without doing substantial injury such as grates, 
 beds nailed to the wall, cooking ranges, marble chimney- 
 pieces; or other fixtures which are merely attached to the 
 walls with screws, he can take away before the end of the 
 
 * If an outgoing: tenant at will, or for years, remove or sell manure made in 
 the ordinary course of husbandry, no property is vested in the purchase, and 
 trespass will lie against him by the landlord. 
 
 An outgoing tenant in agriculture is not entitled to the manure made on the 
 farm during his tenancy, even though lying in heaps in the farm yard, and 
 though it were made by his own cattle, and from his own fodder 6 Cirecnl. 
 222. 15 Wend. 169. 
 
 When land is sold and conveyed, manure lying about a barn, upon the land, 
 will pass to the grantee, as incident to the land, unless there be a reserva- 
 tion of it in the deed. 3 N. Hamp. Rep. 503.
 
 LANDLORD AND TENANT. 
 
 37 
 
 term.* But things which he affixes to the house in order 
 to complete it, sucli as hearth-stones, doors and windows, 
 press-locks and keys, he cannot take away. 
 
 So also all substantial additions made to the house, 
 become part of the freehold. 
 
 Things of mere ornament, such as hangings, cur'ains, 
 chimney-glasses, pier-glasses, and the like, which are 
 merely fastened up to keep them in their places, are not 
 deemed to be fixed to the freehold; the lessee is entitled 
 to them at all times before or after the expiration of the 
 term, and they never vest in the lessor. But he can then 
 only take such goods as are detached from the freehold. 
 The general rule on the subject, is, That allfaturtsjired 
 by the tenant to the freehold during his term, and that can 
 be removed without doing subslantialinjury to the premises, 
 may be removed by the tenant at any time during his term, 
 the premises being left in the same condition as before 
 affixation, t 
 
 Tenant's fixtures must be removed before the tenant 
 leaves the premises, or they become part of the freehold. 
 
 TRADE FIXTURES. 
 
 All things fixed by the tenant to the freehold, for the 
 purposes of trade, such as baker's ovens, furnaces, a 
 steam engine, counters, shelves, benches, machines, ci- 
 der-mills, presses, stoves, grates, &.C., &,c., belong to the 
 tenant, and may be removed by him, unless there is an 
 express contracj.to the contrary, between the parties. 
 
 The lessee may remove furnaces, coppers, or other 
 utensils of trade, though fixed to the freehold during his 
 term ; but if they remain fixed after the end of the term, 
 he shall not remove them. 
 
 This doctrine has been fully considered in the Supreme 
 Court of the United States, where Judge Story held that 
 the question whether a given article is capable of removal 
 does not depend upon the form or size of the building, 
 
 The fire-fi nine, fixed in a common fire-place, with brick between us tides am) 
 the jambs, is a fixture : and a tenant who has placed it there, cannot remove it 
 after the expiration of his term, and after leaving (he premises, though he may 
 before. 17 Pick. 192. 
 
 t A tenant for life, years, or at will, may remove all such improvements from 
 the freehold as he has placed there, the removal of which will not injure <)> 
 premises, or render them in worse plight than when be entered. 4 Pick. 310.
 
 38 THE COMMON LAW OF 
 
 whether it has a brick foundation, is one or more stories 
 high, or has a chimney ; that the only question is, whether 
 it is designed for the purposes of trade* 
 
 FARM FIXTURES. 
 
 A tenant of a farm is not entitled to the exemption for 
 his farm fixtures, or those things which he may have fixed 
 to the freehold for agricultural purposes, which a tenant 
 in trade enjoys with respect to things so fixed for the pur- 
 poses of his trade. t Barns, mills, greenhouses, and other 
 buildings, standing upon brick or stone, but capable of 
 being moved without difficulty, are not fixtures, and may 
 be removed by the tenant. 
 
 Gardeners and nurserymen may remove trees, flowers, 
 &c., planted by them with an express view to sale, and 
 are entitled to them both before and after the expiration 
 of the term. But in England it has been holden, that a 
 tenant, not a gardener by trade, cannot do so ; that he 
 could not even remove a border of box, which had been 
 planted by himself. 
 
 HEIR OR EXECUTOR'S RIGHT TO FIXTURES. 
 The general rule is, that he who is entitled to the land 
 
 * In an action of Covenant, where the defendant covenanted 10 leave all the 
 buildings which then were, or should be erected, on tlm premises during the 
 term, Lord Kenyon remarked, that if a tenant build upon premises demised to 
 him, a substantial addition 10 the house, or add to its magnificence, he must leave 
 his additions at the expiration of his term, for the benefit of his landlord ; hut 
 the law will make the most favorable construction for the tenant, where he has 
 made necessary and useful erections for his trade or manufacture, and which 
 enable him to carry it on with more advantage. It has been so held in the case 
 of cider mills, and in other cases; and I shall not narrow the law, but hold 
 erections of this sort, (two Dutch barns) made for the benefit of trade, or con- 
 trucied as the present, to be removed at the end of the term. 
 
 " Oibbt contended, that by the express words of the covenant the tenant 
 was to leave all erections made on the premises, at the end of the term " 
 
 " Lord Kenyan I am aware of that, and am not sure thai it conclude! the 
 question. It means that the tenant -liall leave all those buildii.gn which are an- 
 nexed to and become part of the tcvemionary estate." 3 Esp. 12. 
 
 Though a building may be raised on a brick foundation, and have a brick 
 chimney, If ihe erection on such foundation is of wood, and the building be used 
 for the purposes of trade or manufacture, the tenant may remove it at the end 
 of his term. 4 Esp. 33. 
 
 Fixtures erected by tenan' for carry ing on his trade are personal property. 
 
 t Lord Kenyon said, that the old cases leaned to consider as realty, what- 
 ever was annexed to the freehold by the occupier ; but in modern times the 
 leaning has always been the other way, in favor of the tenant in support of 
 the interests of trade. He asked, what tenant will lay out money in costly 
 improvements in the erection of green-houses, and hot-houses, if he be obliged 
 to leave them on the premises? 2 East. 90. 
 
 A tenant may take and carry away any buildings erected by him on the 
 land, which are not so fixed to the freehold, or connected with the toil, that they 
 cannot be removed without prejudice 6 Mags. 411.
 
 LANDLORD AND TENANT. 39 
 
 is entitled to everything fixed to it. Where a person dies, 
 possessed of a term for years in land, everything fixed to 
 the land, as well as the term itself, goto his executors or 
 administrator. II he die seized of an estate in fee, the 
 land and everything fixed to it goes to the heir. * 
 
 If a trade be carried on upon the land, then everything 
 erected for the purposes of the trade goes to the executor ; 
 the land itself to the heir. H. Bl. 259. 
 
 In case of executions against the tenant, the sheriff may 
 seize, remove, and sell all fixtures the tenant himself might 
 remove during his term ; but the sheriff cannot seize 
 them after the tenancy is at an end, and the landlord has 
 obtained possession. So if they have been mortgaged by 
 the tenant they cannot be taken in execution for his debt. 
 
 A landlord cannot distrain fixtures for rent ; not even 
 those the tenant would be entitled to remove. 12 B. 895. 
 10 Law. J.294. 
 
 REPAIRS, BY WHOM TO BE MADE WHEN LETTING is BY 
 WRITTEN LEASE. 
 
 The subject of repairs is one that gives rise to more 
 disputes between landlord and tenant than any other, 
 from the fact that there is no other subject respecting 
 which, both landlord and tenant are so ignrrant. 
 
 The landlord is in no case bound to repair the premises, 
 unless he has agreed to. And if the premises be out 
 of repair, the tenant cannot make repairs at the expense 
 of the landlord, or deduct the amount of them out of 
 the rent, unless there is a special agreement to that 
 effect betwee'n the tenant and the landlord. 6 Cowen, 
 475. 
 
 Having put the tenant into possession of the demised 
 premises, or placed them at his disposal, and clothed him 
 with the legal title to the possession and occupation 
 thereof for the term granted by the lease, the lessor has 
 done all that it is necessary for him to do to entitle him- 
 self to the rent at the time that it is made due and pay- 
 able ; there is no implied warranty on his part that the 
 premises are, at the time of the demise, or that they shall 
 continue to be, during the term, in any particular state 
 or condition, or fit for any particular purpose ; and the 
 tenant therefore is bound to pay his rent, although the 
 premises are not fit for the purpose for which he required
 
 40 THE COMMON LAW OF 
 
 them, and although he may have had no beneficial use or 
 enjoyment thereof. 7 Meson &, Welsby, 577. 
 
 If, indeed, the landlord has been guilty of any fraudulent 
 concealment of defects which ought in good faith to have 
 been disclosed, or has resorted to any misrepresentation 
 calculated to mislead the tenant in some important partic- 
 ular as to the state and condition of the leased premises, 
 the contract would be void, and the tenant would be dis- 
 charged from the rent ; but in the absence of all fraud 
 and deceit, he is bound by his express covenant or con- 
 tract, and must pay his rent, although he has not had that 
 beneficial use and enjoyment of the demised premises 
 which was anticipated. 
 
 This is a most important fact to be borne in mind by 
 the lessee in hiring premises. It is pretty generally 
 believed that a landlord, in letting a house, impliedly 
 covenants that it is in a fit and proper state for habitation ; 
 and (his opinion would seem to have received the sanction 
 of the courts of England in several cases ; but in a recent 
 case in that country, where the whole law upon this sub- 
 ject was very carefully examined, and the question very 
 ably discussed, the court decided that in cases of leases 
 of unfurnished houses, there was no implied warranty or 
 engagement on the part of the landlord, that the house was 
 at the time of the letting, or should be at the commence- 
 ment of the term, in a fit and proper state and condition 
 for habitation. 12 M. & W., 68. 
 
 The above case refers to the letting of unfurnished 
 houses ; it would seem, however, that a man who lets a 
 ready-furnished house does so under the implied condition 
 or obligation that the house is in a fit state to be inhabited ; 
 and in one case where it was not, the house being greatly 
 infested with bugs, it was held the tenant might quit 
 without notice. 1 1 M. &. W., 5. 
 
 It would be well, therefore, for tenants to have inserted 
 in their leases a covenant "that the premises are in good 
 tenantable condition, and especially that the outbuildings, 
 privy, ,c., are in good repair." As, however, the tenant 
 usually examines the premises pretty carefully before 
 hiring, few cases of difficulty occur from the absence of 
 such a covenant. 
 
 The tenant, in hiring, should always remember that 
 there is no implied covenant on the part of the landlord
 
 LANDLORD AND TENANT. 41 
 
 as to the condition in which the premises shall continue 
 during the. term ; if, therefore, the premises become un- 
 inhabitable during the term from any cause other than the 
 fault of the landlord, the tenant is nevertheless bound to 
 pay the rent. In a recent case, it appeared that the 
 building had become uninhabitable by reason of the 
 buildings settling, causing large gaps in the wall, and 
 that the only means by which it could be repaired was by 
 shoring up and underpinning the house, pulling down the 
 front wall and rebuilding it, laying, an entirely new 
 foundation, and making a sewer to carry off the water ; 
 and that the mischief was not to be ascribed to the want 
 of ordinary repairs, or to any injury, but simply to the 
 original badness of the foundation, which consisted of 
 soft brick, and to the marshy nature of the soil. It was 
 held that the landlord was under no implied obligation to 
 repair in such a case, and that the tenant could not quit, 
 but must pay his rent. 10 M. & W., 321. 
 
 The cases in which the tenant has been allowed to 
 withdraw himself from the tenancy, and to refuse the 
 payment of rent, are cases where there has been either 
 error or fraudulent misdescription of the premises, or 
 where the premises have been found to be uninhabitable 
 by the wrongful actor default of the Ian3lord. Ibid. 
 
 This will be further considered under the head " Ex- 
 press Covenants and Agreements to Repair," where 
 some covenants, designed to protect the tenant from the 
 payment of rent in case the building becomes untenantable, 
 will be given. (See p. 43.) 
 
 IMPLIED 'COVENANTS ON THE PART OF THE LESSEE TO 
 REPAIR. 
 
 In the absence of an express covenant or agreement to 
 repair, the lessee is not bound to rebuild a house leased 
 to him, which has been burnt by an accidental fire, or 
 consumed through the negligence and folly of his own 
 servants. 10 Bing., 385. 
 
 But there results from the leasing, and acceptance of 
 the lease by the lessee, on implied covenant or promise to 
 use the property leased in a tenant-like and proper man- 
 ner ; to take reasonable care of it, and restore it, at the 
 expiration of the term for which it is hired, in the same 
 state and condition as it was in when leased, subject only 
 4
 
 42 THE COMMON LAW OF 
 
 to the deterioration produced by ordinary wear and tear, 
 and the reasonable use of it for the purpose for which it 
 was known to be required. (12 M. &, W., 827.) In 
 fulfilment of this implied covenant or promise, the lessee 
 is bound to keep the premises wind and water tight, and 
 in a habitable state, if they were in good repair and con- 
 dition at the time of the demise. He must cleanse the 
 drains and sewers, and amend all trifling external injuries 
 to the buildings, which, if neglected and left unrepaired, 
 would operate to the serious and lasting injury of the 
 estate. (3 Ad. &, E., N. S., 449.) He must not suffer 
 the roof to remain uncovered, so as to let the timbers rot. 
 If windows are broken by the wind and hail, or tiles are 
 blown off, or accidentally broken, he is liable for the non- 
 repair of them, if the consequences of his neglect would 
 be damage to the building from rain. 7 M. & W. 348 ; 
 12 M &,. W., 827. 
 
 But the tenant is not bound to make substantial and 
 lasting repairs, such as new roofing ; nor is he responsible 
 for ordinary wt.ar and '.ear, deterioration from age, or 
 inevitable accident ; and the extent of his liability depends 
 upon the age and general state and condition of the 
 demised premises at the time he took possession of them, 
 and the duration'and value of his own term and interest 
 in the property. A tenant from year to year, for example, 
 whose estate may be determined by the landlord, as 
 we have seen, by a six months' notice to quit, ending 
 with the current year of hiring, would never be expected 
 to go to the same amount of expense for the repair and 
 preservation of the property, as a tenant for a term of 
 years. 
 
 The tenant of farms, orchards, gardens, and lands for 
 tillage and cultivation, likewise impliedly covenants or 
 promises, to use and cultivate the land, and manure the 
 soil, according to the custom of the country, and the 
 prevalent course of good husbandry in the district where 
 the land is situate ; and to take all reasonable care of the 
 garden and orchard. 
 
 The tenant is moreover bound to keep the fences and 
 ditches, sea walls and boundaries, in good order, and in 
 reasonable state of repair ; the extent of his liability in 
 this respect must materially depend upon the duration of 
 his lease. 4 T. R. 318.
 
 LANDLORD AND TENANT. 43 
 
 EXPRESS COVENANTS AND AGREEMENTS TO REPAIR. 
 
 When the tenant has entered into an express covenant 
 or agreement to " repair, uphold, and keep in repair" a 
 house, or any other structure or building demised to 
 him, he is bound to rebuild or reconstruct it if it be burnt 
 by an accidental fire, or be blown down by tempest, or 
 destroyed by floods, or by an inevitable accident. (2 
 Sin UK!., 421, a.) The printed forms of leases in most 
 common use contain a clause " excepting injuries by fire 
 and other casualties ;" and lessees should be careful to 
 see that this clause is not omitted. 
 
 In covenants by the tenant to " repair and leave the 
 premises in the same state as he found them," he is to 
 take care that the tenements do not suffer more than the 
 natural operation of time and nature would effect. He is 
 only bound to keep up an old house as an old house; to 
 use his best endeavors to keep the premises in the same 
 tenantable repair in which he found them, for natural and 
 unavoidable decay does not amount to a breach of the 
 covenant. These are the covenants usually found in the 
 leases most in use. 
 
 It has been seen that if the premises become uninhabit- 
 able during the term, the tenant, in the absence of any 
 express agreement, is nevertheless liable to pay the rent. 
 Instead, therefore, of the usual covenants on the part ol 
 the tenant, " to repair, and leave the premises in the 
 same state as he found them," I would advise a tenant 
 to have inserted in the lease a covenant " that he will 
 commit no voluntary waste ; and that if, at any time 
 during the term, the premises become untenantable from 
 any cause other than the wrongful acts of the tenant, and 
 the landlord does not, upon notice of the fact, forthwith 
 (or in a reasonable time) put the premises in tenantable 
 condition, then the tenant may leave, and the tenancy shall 
 thereupon be determined." A further condition might be 
 inserted to the effect, " that if the landlord, upon notice, 
 makes the necessary repairs, and in so doing the tenant 
 is deprived of the beneficial enjoyment of the premises, 
 or suffers any injury in the occupation thereof while such 
 repairs are being made, then a reasonable deduction shall 
 be made from the rent." 
 
 If it is the intention of the parties that the tenant shall
 
 44 THE COMMON LAW OF 
 
 make such slight repairs as from time to time, in the 
 ordinary course of things, may become necessary, then, 
 after the covenant against voluntary waste, a condition 
 might be inserted " that if the premises at any time during 
 the term should become untenantable from any cause 
 other than the wrongful acts of the tenant, and the repairs 
 necessary to render the premises tenantable shall exceed the 
 
 sum of dollars, and the landlord does not, upon notice 
 
 of the fact, forthwith (or in a reasonable time) put the 
 premises in tenantable condition, then the tenant may 
 leave, and the tenancy shall thereupon be determined." 
 
 The usual covenants may be suffered to remain, and 
 additional covenants inserted, to the effect, " that the land- 
 lord shall keep thereof and outside walls of the house tight, 
 or shall keep the house in good repair, and shall paint 
 the outside walls once in a certain number of years," and 
 shall paint the inside, or paper the rooms, &c. &c. 
 
 Covenants ought also to be inserted to the effect, " that 
 if the outbuildings, privy, &.C., get out of repair, so as to 
 be unfit for use, or, so as to become a nuisance, from any 
 cause other than the wrongful acts of the tenant, and the 
 landlord does not, upon notice, repair the same within a 
 reasonable time, then the tenant may repair the same, and 
 deduct the expense thereof from his rent." Covenants to 
 this effect are seldom, if ever, found in the printed forms 
 of leases, and the tenant is, in the absence of any agree- 
 ment, sometimes put to considerable expense to repair 
 privies, the vaults of which have burst either from age 
 or improper construction. 
 
 Especial care should be taken in hiring buildings 
 erected on newly-made land, or having flat, composition 
 roofs, to have covenants inserted in the lease protecting 
 the tenant from all liability in case the premises become 
 untenantable. 
 
 COVENANTS RESPECTING WATER. 
 
 The subject of Water is another source of difficulty 
 between landlords and tenants. The pumps get out of 
 order, the well wants cleaning, or the water fails, or the 
 supply is cut off, &c. &c., and the tenant is obliged to 
 buy water. The opinion seems to be entertained by 
 many persons, that the expense thus incurred in pur- 
 chasing water is to be borne by the landlord, and some
 
 LANDLORD AND TENANT. 45 
 
 suppose the failure of water to be a sufficient cause for 
 vacating the premises, unless the landlord assumes the 
 expense of procuring it elsewhere. In one case (and I 
 can find but one upon the subject) where the pump 
 got out of order, the court held that the landlord, in 
 the absence of any express agreement, was not bound 
 to keep the pump in repair. And upon general princi- 
 ples, it would seem that the landlord is under no implied 
 obligation to keep the water fixtures, or well in repair, or 
 clean, and that it is no cause for an abatement of the 
 rent, or for the tenant's leaving, that the water becomes 
 impure or fails, unless such impurity or failure be occa- 
 sioned by the fault of the landlord. 
 
 If, therefore, it is the understanding that the tenant is 
 to have a good supply of water, he should be careful to 
 have a covenant inserted in the lease to the effect, " that if 
 at any time the water fixtures (a pump) get out of repair, 
 or the water becomes impure, from any other cause than 
 the wrongful acts of the tenant, the landlord shall, upon 
 notice thereof, cause the necessary repairs and cleansing 
 to be made in a reasonable time ; and that if the tenant 
 is obliged to buy water on account of the water fixtures 
 being out of repair, or of the failure or impurity of the 
 water, the expense thus incurred, the tenant having given 
 the landlord reasonable notice of the fact, shall be deduct- 
 ed from the rent," provided, however, " that if the land- 
 lord, upon notice, offers to furnish the tenant with a good 
 and sufficient supply of good water, the tenant shall not 
 purchase it elsewhere at the expense of the landlord." 
 
 WASTE. 
 
 Waste is a spoil or destruction in houses, flower gardens, 
 fences, trees, &c., of an estate, to the injury of him who 
 has the remainder or reversion. 
 
 It is either voluntary or permissive. Voluntary, as 
 when a tenant destroys a house, garden, trees, &,c. per- 
 missive, when he neglects to do what might have pre- 
 vented the waste, as by suffering the house to fall for want 
 of necessary repairs. 
 
 The omission of a tenant to keep the premises in what 
 is called tenantable repair, subjects him to an action for 
 waste. The natural and unavoidable decay of buildings, 
 is always allowed for. 
 4*
 
 46 THE COMMON LAW OF 
 
 So, if the lessee suffer glass windows to become broken, 
 or carried away ; or if he pull down or remove any part 
 of the house, as the windows, doors, or other fixtures, he 
 is guilty of waste. 
 
 Whatever does a lasting damage to the freehold, is 
 waste. If the lessee alter the house to the lessor's preju- 
 dice as if he turn a parlor into a stable, or turn two 
 rooms into one ; or pull down, remove or alter, any part 
 of the house let, or fixed to the tenancy by the landlord 
 at the commencement or during the tenancy, even if it 
 improve its value and increase the rent, it is waste.* 
 
 A tenant has no right to dig up and use soil or wood on 
 the demised premises, with a view to the manufacture of 
 bricks for sale; and if he do so, the landlord is entitled 
 to an injunction restraining him. If he dig up the surface 
 of the land, it is waste ; unless it be to dig trenches to 
 carry off the water, or to cut turf for actual use. 
 
 If a lessee cut down, destroy, or carry away any trees 
 growing for timber, (unless cut down for the repair of 
 things useful on the estate,) ornament, fruit, or shade, or 
 do any act to cause them to decay, or carry away any 
 wood or underwood standing or lying on the land ; or 
 dig up or carry away any stone, ore, or other valuable 
 thing found thereon, he is guilty of waste. The supreme 
 court, or court of equity, will grant an injunction to stay 
 waste, such as cutting down timber trees, &c., and the 
 bill may also pray for an account of the waste already 
 committed. 
 
 If the lessee suffer the sea to surround arable land, 
 meadow, or pasture, it is waste, if it happen by his default. 
 2 Rol. 8JC, 1. 40. So, if he suffer a wall or bank 
 against the sea, or river, &.C., to be ruinous, whereby the 
 waters enter, and render the meadows useless. Co. Lit. 
 53. 
 
 ASSIGNMENT. 
 
 [See Form of Assignment, p. 107.] 
 
 An assignment is a transfer or making over to another, 
 of a right one has in an estate. It differs from a lease in 
 
 * Where an action arises fur a wrong done under a covenant (waste com- 
 muted under a lease for instance,) then u verlia! discharge is a plea against any 
 future demand for damages, lor it tloe* not affect the covenant. 
 
 If one joint tenant, or tenant -in common, commit waste, he is subject to an 
 action of waste at the suit of a co-teimnt. 
 
 Waste, committed by a tenant nt will, terminates his tenancy, and render* 
 him liable to au action of trespass by the landlord.
 
 LANDLORD AND TENANT. 47 
 
 this, that by a lease, the lessor grants an interest less than 
 his own, reserving to himself a reversion ; by assignment, 
 he parts with the whole property. 3 Bl. Com. 326, 327. 
 
 If a man convey the whole of his interest by deed, it is 
 an assignment, not a lease, although by the deed he re- 
 serve rent to himself, and the deed contain covenants 
 which were not in the original lease or conveyance to him. 
 1 Doug. 187. 
 
 The relation of landlord and tenant may be created, 
 either by the lessor assigning his reversion to another, in 
 which case the assignee immediately becomes the landlord 
 of the lessee or by the lessee assigning his term to ano- 
 ther, in which case the assignee of the term becomes the 
 tenant of the lessor or by both parties respectively as- 
 signing their interests toothers, in which case the assignee 
 of the reversion immediately becomes the landlord, and the 
 assignee of the term the tenant. 
 
 The usual covenants, on the part of the assignor are, 
 that the indenture of lease is good in law ; that he has 
 power to assign ; to save the assignee harmless from for- 
 mer grants and incumbrances, and for quiet enjoyment. 
 On the part of the assignee, that he will pay rent, or per- 
 form the services and covenants mentioned in the lease, 
 or save the assignor harmless therefrom.* 
 
 An assignee must take the thing assigned, subject to 
 all the equity to which the original party is subject, and 
 must, therefore; perform all the covenants which are an- 
 nexed to the estate. 
 
 An assignee is not liable for a breach of a covenant 
 made before the assignment to him. 
 
 The assignee may discharge himself by a bona jide 
 assignment to any one, except from, covenants running 
 with the land, and broken during his enjoyment. An 
 assignee is not liable unless he accepts the assignment. 
 
 ASSIGNEE op THE REVERSION. 
 
 If the lessor assign his reversion, the assignee may have 
 an action of debt for rent. 5 B. &. C. 512. 
 
 * The lessee is always liable upon his covenants, during the lerm, although 
 he may have assigned ii to another ; he cannot even plead a tender of the rent 
 by the assignee. 4 Taunt. 642. And the lessor's having accepted the assignee 
 as his tenant, by receiving rent from him, makes no difference in this respect. 
 It is no- defence whatever in covenant, although it would be a defence in debt 
 for the rent, if the acceptance be pleaded and proved, but not otherwise. In 
 no cnse can the landlord maintain his action against a mere under lessee. 
 Doug. 183.
 
 48 THE COMMON LAW OF 
 
 ASSIGNEE OF THE TERM. 
 
 If the lessee assign his term, the assignee may have an 
 action of covenant against the lessor, or his assignee for 
 breach of any covenant running with the land; and the 
 lessor may have debt for rent against the lessee, if he have 
 not accepted the assignee of the term as his tenant. 1 
 Salk. 80, 81. 
 
 BANKRUPTCY OF TENANT. 
 
 In case of the bankruptcy of the tenant, his assignees 
 will be entitled to all those fixtures that the bankrupt 
 might by law remove during his tenancy. 
 
 DISTRESS FOR RENT. 
 
 In all cases of a demise of corporeal hereditaments, 
 where a rent certain is reserved, and made payable at a 
 certain time, if such rent be in arrear, the English common 
 law, which is also the law of some of the States, permits 
 the party legally entitled to the rent to distrain for it.* 
 
 To entitle a landlord to distrain, there must be a de- 
 mise, express or implied. If the tenant be let into posses- 
 sion under an agreement for a lease at a certain rent, and 
 there is no stipulation in the agreement, that in case a lease 
 be not executed, the tenant shall hold for one.year certain, 
 and no rent be in fact paid ; the landlord cannot distrain 
 for any rent during the first year ; for here^is no demise, ex- 
 press or implied, and the occupier is merely a tenant at will. 
 2 Taunt, 148. 
 
 So, to enable a landlord to distrain, as of common 
 right, he must have reserved to himself a reversion, after 
 the term created by the demise. Co. Lit. 47a. 
 
 If a lessee underlet, even although he be merely tenant 
 from year to year, he may distrain upon his under-tenant 
 from year to year, lor rent in arrear. Moody &, M. 493. 
 
 If the landlord be guilty of any illegal, excessive, or 
 irregular distress, or if, having lawfully taken the distress 
 in the first instance, he subsequently abuses it, he is liable 
 to the tenant in a,n action either of trespass, or trespass.on 
 the case. 
 
 * The law of distress is slill in force in some of the Southern and Western 
 States. It has been lately abolished in New York. 
 
 For further information on the Collection of Rent, see Statute Laws 
 Chapter III.
 
 LANDLORD AND TENANT. 49 
 
 To maintain this action, it is not necessary that express 
 malice should be shown ; it is sufficient if the goods taken 
 are greatly disproportionate to the amount of rent due. 
 
 If the landlord distrains after the tenant has tendered 
 the rent, without making a subsequent demand of it, and 
 beijig refused by the tenant, an action may be maintained 
 for an excessive distress. The right of action for an ex- 
 cessive distress dies with the person, and does not pass to 
 assignees or personal representatives. 
 
 LANDLORD'S REMEDY BY ACTION OF DEBT, COVENANT, 
 AND WASTE. 
 
 Rent is recoverable by action of debt, whether payable 
 in money, or in produce of land. In the latter case the 
 value of the produce may be recovered in money, if not 
 paid in kind, at the price it is worth when due. Interest 
 may be recovered from the time the rent becomes due. 
 
 The landlord may recover, in case of any breach of 
 Covenant contained in the lease, by an action of cove- 
 nant, and may recover Rent and Damages, if he have sus- 
 tained any, in consequence of his tenant's breach of his 
 covenants as to Insuring, Repairing, Assigning, Under- 
 letting, Carrying on Offensive Trade, &,c. 
 
 If waste has been committed, an action of Waste lies . 
 against the tenant to recover the place as wasted, and in 
 some States double, and in others, treble damages. An 
 action of waste is brought by him who has a reversion in 
 the premises, after the termination of the tenancy, unless 
 the tenant do an act which is injurious to the reversion, 
 when the landlord may bring an action for damages during 
 the term. But the action of waste, however, is seldom 
 resorted to in practice, at present, as modern leases have 
 usually a clause in then), giving the landlord a power oi 
 entry in case the tenant commit waste, and the landlord 
 thereupon recovers the premises in an ejectment.* 
 
 * Mode of Ejectment, see page* 31, 32, and State Laws, Chap. III.
 
 50 THE COMMON LAW OF 
 
 LANDLORD'S REMEDIES AGAINST THE TENANT. 
 
 Use and Occupation, Where there was a verbal lease for two years, but the 
 tenant never entered, the Court of Exchequer held he could not be sued in this 
 action as for use and occupation ; for he neither had, held, used, occupied, 
 possessed nor enjoyed. 1 Cr. & J. 391. So, where a tenant, by a written 
 agreement, has agreed to take the premises from a future day, it was held not 
 sufficient merely to put in and prove the agreement, butlhat evidence must also 
 be given of some occupation under it. 7 Car. & P. CIO. But if it be proved that 
 the tenant took possession fora time, however short, he is liable to be sued in 
 this aclion until the end of the term. 6 Bing. 206. And where the defendant 
 agreed to rent a bouse, and sent in a woman to clean it, and workmen to 
 paper one of the rooms, this was holden to be sufficient evidence of occupation. 
 If a man enter under an agreement for a lease, he is tenant at will until the 
 lease is granted, or a tenancy from year to year can be implied ; and, in the 
 meantime, he is liable in this action for the time he 1ms occupied. So, payment 
 of rent is a sufficient recognition of the right of the landlord to support an action 
 for use and occupation, although it appear by the plaintiff's evidence that the 
 defendant originally came in under another person, and that the plaintiff hag 
 but an equitable title. So, any other admission of the tenancy by the tenant, 
 either express or implied, will enable the landlord to maintain this aclion 
 against him. 3 Camp. 372. 
 
 If there be a lease, or an agreement for a lease, and there have been no pay- 
 ment of rent, or other matter from which (independently of the lease or agree- 
 ment) the relation of landlord and tenant between the parlies may be implied, 
 the lease or agreement may be proved in the ordinary way. 7 Car. & P. 13. 
 
 The plaintiff must prove the amount of compensation he ought to have, for 
 the use and occupation of the premises during the time for which he alleges 
 Tent to be due. If there have been no agreement between the parties, fixing 
 the rent to be given fur the premises, the plaintiff must prove, by witnesses, 
 the sum lor which they could reasonably be let to a tenant ; or, if the defendant 
 have previously paid rent for them, the amount of rent that he paid. 
 
 FORFEITURE. The tenant forfeits his lease if he do any act by which he im- 
 pugns or disaffirms the title of his landlord ; if he sue out a writ, or resort to a 
 remedy which claims or supposes a right in him to the freehold ; or if, in an 
 aclion against him by the landlord, grounded upon the lease, he resisl ihe 
 demand under a grant of a higher interest in the land ; or, if by matter of 
 record he acknowledge the fee to be in a stranger ; if il be stipulated in the 
 lease or agreement under which the tenant holds the premises, that if he be 
 guilly of a breach of a particular covenant or stipulation, or, generally, of any 
 of the covenants in the lease, or stipulations in the agreement, on his part tu be 
 performed or observed, that the landlord may re-enter if he be guilty of any 
 such breach, the landlord may accordingly enter, or bring his ejectment. But 
 the stipulation in the lease or agreement which gives this power of re-entry is 
 construed very strictly. Where a lease contained a proviso for re-entry, if the 
 tenant should make default in performance of any of the covenants therein : 
 the court held that it extended only to affirmative covenants, and not to negativt 
 covenants, for these were not to be performed. 1 B. 4. Ad. 715. 
 
 Waiver. An acceptance of rent, which accrued subsequent to a forfeiture, 
 will be awoirerofit, it the landlord knew of the breach of the condition or cov- 
 enant from which it arose, at the time he received the rent ; for a receipt ol 
 rent is an admission that Ihe tenancy it then subsisting 6 B. & C. 519. 
 
 Repairs. If ihere be a power of re-entry for non-performance of a covenant 
 to repair, or of covenants in the lease generally, and one of them be o covenant 
 to repair, and the premises are allowed to go out of repair, the landlord may 
 bring an ejectment forthwith for the recovery of the premises, without any 
 previous notice requiring the tenant to put them in repair, if no such notice be 
 required by the terms or the lease. What defects in the state of repair of the 
 premises amount to a breach of the covenant, must in all cases depend upon 
 the manner in which ihe covenant is worded, considered also with reference to 
 the nature of the premises. Upon a general covenant to repair and keep in re- 
 pair, the imam is not obliged to put in new floors, or the like, but merely to 
 repair the old ones, although the new floor would be the more substantial way 
 of making ihe repair ; if he keep the premises in substantial repair, it is .suf- 
 ficient. If the lease were of a very old building, it is not meant by such a cove- 
 nant ihnt ihe lenant should restore it in an improved state, nor thai the conse- 
 quences of ihe elements should be averted ; but ihe duty of the tenant is to 
 keep it as nearly as may be in the stale in which it was at the time of the
 
 LANDLORD AND TENANT 61 
 
 lease, by the timely expenditure of money and care. The state of the building 
 at the time of the lease, however, must be established by general evidence 
 merely, and not by going into details. But under a covenant substantially to 
 repair, uphold, and maintain a house, it has been holden that the tenant was 
 bound to keep up the inside painting. And the covenant is often framed in 
 such a way, as to oblige the tenant to do much more than he would be bound 
 to do by i lie terms of the ordinary covenant to repair, and it must be construed 
 accordingly. A mtre enlargment of windows, opening external doors, inking 
 down partitions, or making other alterations in the premises, however, cannot 
 be deemed a breach of a covenant to keep the premises in repair; they may be 
 waste, in the legal acceptation of the term, but they are not a breach of a cove- 
 nant to repair. 4 B. & Ad. 120. 
 
 Whether under a covenant to repair and keep in repair, the tenant is bound 
 to rebuild the premises in case they are destroyed by fire, was at one time con- 
 sidered doublful. But it is now well established that he is bound to rebuild, 
 6 T. R. 65(1 ; unless in the covenant casualties by fire be expressly excepted, 
 6 T. K. 483 ; or there be an express covenant by the landlord himself to rebuild 
 in such a case. Besides proving the want of repair, the plainlilf must prove 
 the damage sustained by the breach of covenant. 7 AIees.& XV.UOl. 
 
 Insurance. The landlord may bring an ejectment, if the tenant covenanted 
 to keep the premises insured, and has not, or have fulled in payment of the 
 premium. 
 
 M'ajtf. Where a right of entry is reserved to a landlord, in case his ten- 
 ant commits waste, it is generally construed to be such waste as may be in- 
 jurious 10 the reversion. 
 
 A<uiniug fir UnderlfUiny. In this, as in all other cases of forfeiture, the 
 covenant or stipulation not to assign or underlet, &c., is construed strictly in 
 favor of the tenant, and against the forfeiture. A proviso for re-entry, if the 
 tenant shall >is<ign the premises, does not prevent him from underleasing 
 part of them. Even a proviso not to assign, transfer, set over, or otherwise do 
 or put away the lease or premises, has been holden not to extend to such an un- 
 dci lease. Bui a covenant not to let or assign, comprehends an underlease. A 
 covenant not <.o underlet the premises, is not broken by letting pun of them in 
 lodgings. 4 Camp. 77. 
 
 Carry-.ng on u Trade. A covenant existing on the part of the ten ml not to 
 carry on any particular specified trade, or allow the siimeio be carried on in 
 Ihe house ; if a power of re-entry be reserved in such a case, the landlord may 
 enter, upon findi g any trade carried on in it, strictly within the meaning of the 
 covenant. 
 
 Huil'liii!'*. Where land is let to a man, upon which he agrees to erect a 
 building thtreon within a certain time, with a power of re-entry to the land- 
 lord in case he fails to do so, but no lease is granted until the buildings shall be 
 completed : it' he fail in erecting the buildings within the time, the landlord may 
 maintain ejectment to recover the premises 
 
 A uit-jiatiaieiit i-f Rent, The landlord must provo that a demand was made 
 fur the rent, and lhal the same or some purl thereof ha* not been paid. 4 l<e<>n. 
 6. And a demand in fact must be proved, although there may have been no 
 person on the premises at the lime ready to pay the rent. Plnwil. 70 The de- 
 mand must be of the precise sum due ; if he have demanded a penny more or 
 less, u will be ill. 1 Leon. :inr>. 
 
 It musi appear to have been made precisely upon the day when ihe rent wai 
 due and payable by the terms of lease. 1 Leon. 305. As, where the proviso is, 
 thai if the rent shall be behind and unpaid by the space of thirty, or any iither 
 number / >/ay, after the days of payment, it shall be lawful fur the landlord to 
 re-enter ; the demand must be made on ihe 30th. or other hist day. Co. Kit. - J>i-J- 
 And where the. rent was payable quarterly, and two quarters being in arrear, 
 the landlord demanded the am"unl of both ; it was holden lhal he could not re- 
 cover for forfeiture ; for us to the first quarter, it was not demanded at the day. 
 -3 Car. A. Payne, 613. 
 
 The demand must be made at inconvenient time before sunset, upon the 
 land, and ai the most notorious place of it. 1 Saund. *io7. Therefore, if there 
 be a dwelling-house upon the Innd, the demand must be made ai the front or 
 fore door; but it is not necessary to cnlerlhe house, although the door be open. 
 Bui if ihe landlord demand it ot an undertenant, or any other person he msy 
 find there, provided it be upon the land, it will he sufficient ; and it will he no 
 objection 10 say that he ought to have demanded ihe rent generally, his imme- 
 diate tenant not lx;ing there, <uid not to have demanded it of an undertenant. 2 
 1). . K. ). All this, however, inu-it he understood of cases where the lease 
 specifies no place at which the rent is to be paid ; for if a place lie appointed
 
 52 
 
 THE COMMON LAW OF LANDLORD AND TENANT. 
 
 where the rent is to be payable, the rent must be demanded at that place. On 
 the otliet hand, if the tenant meet the landlord, at any place, on or off ihe land, 
 at any lime. of ihe last day of payment, and tender the rent, it will be sufficient 
 to save forfeiture. Mauud's Case, 7 Co. 28. 
 
 TENANT'S REMEDIES AGAINST THE LANDLORD. 
 
 Use and Occupation. If the premises were let to the defendant at a rent pay- 
 able at ceitain periods, and before any rent was due, or before the rent sought 
 to be recovered became due, the plaintiff evicted him; this is a gooil defence 
 under ihe general issue, because the defendant ceased lo hold or occupy the 
 premises before any rent became due for them. 5 Mees & AV. GOG. So n lie be 
 evicted from part, and he thereupon give up the residue, this is n complete de- 
 fence as to the whole. 3 Camp. 513. But if, instead of giving up the residue, 
 he retain il, he will then be liable to pay for it, on a quantum meruit. 3 Camp. 
 514. Where a tenant from year to year, at a rent payable half-yearly, quilted 
 at the end of the current year, without giving any notice ; and the landlord, 
 before the end of the next half-year, re-let the premises to another tenant : thi* 
 was holden to amount to an eviction, and that the landlord could not maintain 
 this action against the first tenant, to recover any rent accruing subsequently to 
 the time when he quitted. 8 D & Ry. G7. But the landlord's merely putting 
 up a bill upon the premises, for the purpose of letting them, will not prevent 
 him from recovering. 3 Esp. '225. So, where A. let lands u> B., and B. under- 
 let to others, and A. gave notice lo quit to the undertenants, in consequence of 
 which, one of them quitted the lands occupied by him, and they remaini-d un- 
 tcnantcd fur a whole year; B. then re-let them: it was holden thai A. could 
 not recover from B. Ihe rent of the unoccupied premises for the time they were 
 so unoccupied ; for his conduct, in giving notice to quit, amounted to an evic- 
 tion. 1 Stark. 94. 
 
 Condiliowil Renting, and condition not performed. If the agreement to pay 
 rent, on ihe part of the tenant, be conditional, merely upon the landlord's doing 
 something to the premises, such as furnishing them or the like ; il'ilie landlord 
 have not complied with the condition, this will be a good plea in b.ir to the 
 action, for the rent does not begin to accrue until the condition has been per* 
 formed. 7 Ad. & El. 51. 
 
 If the premises be let knowingly, for.an illegal or immoral purpose ; if, for 
 instance, the landlord let the house for the purpose of pro&iiiutiun, knowingly, 
 and allow it 10 continue to be used for that purpose, he cannot recover the rent, 
 as for use and occupation Py. & M. 251. 
 
 Where a tenant held a shop and house from year to year, and ihe landlord, 
 shortly before midsummer-day, having put in workmen, with the tenant's con- 
 sent, to repair, the inconvenience was so great thai all the tenant's lod :ers left 
 him, anil the tenant was obliged to procure lodgings elsewhere for himself and 
 hi* family ; he paid his rent up to midsummer, and continued the shop until ihe 
 5th July fc 'llowiny, when he quilted without notice : the court held, that as he had 
 no beneficial occupation after midsummer, nn action for use and occupation 
 could not be maintained against him for rent accruing after that lime. 
 
 Also, if ihe landlord, by any mi-conduct upon his pan, render t>ie occupation 
 of the tenant .so uncomfortable, that he is obliged to quit the premises, :tnd seek 
 a residence elsewhere, it should seem that he could not afterwards recover in 
 an ai'ii >n for use and occupation of Ihe premises after the defendant had quitted 
 them. 7 Dowl. 078. 
 
 And lastly, ihe defendant may prove that before any part of the rein became 
 due, he surrendered ihe premises in question to the plaintiff, mid thai the 
 plaintirT accepted of the surrender. And where, in the middle of a quarter, the 
 landlord accepted the key of the leased premises from the tenant, under a ver- 
 bal agreement that upon her giving up possession, the rent should cease ; and 
 she never afterwards occupied : it was holden that ihe landlord amid not re- 
 cover, as for u*e and occupation, for a time subsequent to the tenant's giving 
 up the key. 5 Taunt. 518. And in a subsequent case, where apanmenis in a 
 house were let to a tenant for a year, at a rent payable quarterly, mid during a 
 current quarter, upon some dispute between them, the tenant lold ihe landlord 
 she should quit the lodging, to which the landlord assented, and, on the tenant'* 
 leaving, accepted possession of the rooms : it was holden thai ihe landlord could 
 not recover rent, either lor ihe whole of the quarter, or even for that portion of 
 it which had elapsed before the tenant quitted; for the tenancy being put aa 
 end to before any rent became due, none was payable. 8 B. & C. 32-1.
 
 COMMON LAW 
 
 IK BSLATIOtl TO 
 
 DIVISION FENCES, WALLS, NUISANCES, 
 AND PRIVATE WAYS. 
 
 CHAPTER II. 
 
 DIVISION FENCES. 
 
 IT is so notoriously the duty of the actual occupier to repair 
 the fences, and so little the duty of the landlord, that, without 
 any agreement to that effect, the landlord may maintain an 
 action against his tenant for not so doing, upon the ground of 
 the injury done to the inheritance. And an action on the case 
 for not repairing fences, whereby another party is injured, can 
 only be maintained against the occupier, and not against the 
 owner of the fee, who is not in possession. 4 T. R. 319 ; Wood- 
 fall's Landlord and Tenant, 707. 
 
 The general law respecting the obligation of the occupants of 
 adjoining lands to make and maintain partition fences, may be 
 stated as follows : 
 
 1. At common law, the tenant of a close was not obliged to 
 fence against an adjoining close, unless by force of prescription. 
 
 2. At common law, when a man was obliged by prescription 
 to fence his close, he was not obliged to fence against any cattle 
 but those which were rightfully in the adjoining close. 
 
 3. At common law, a man though not bound to fence against 
 an adjoining close, was still bound, at his peril, to keep his 
 cattle in his own close, and prevent them from escaping. 
 
 4. The legal obligations of the tenants of adjoining lands to 
 make and maintain partition fences, where no prescription exists 
 and no written agreement has been made, rest on statute. 
 
 5. An assignment, pursuant to the statute, imposes the same 
 duty as would result from prescription. 
 
 6. Where there is no prescription or agreement, the provisions 
 of the statute oblige a tenant, liable to make the partition fence, 
 or any part of it, to fence only as in the case cf prescription at 
 common law ; that is, against such cattle as are rightfully in 
 the adjoining land. 
 
 7. Every person may maintain trespass against the owner of 
 cattle found on his land, unless such owner can protect himself 
 by the provisions of the statute, or by written agreement, or by 
 prescription. 
 
 5
 
 * DIVISION FENCES. 
 
 In most, if not all, of the States, the foundation of all obliga- 
 tions to make and repair fences, (where no agreement lias been 
 made,) rests on statutes, which require that the respective 
 occupants of adjoining enclosures shall make and repair suf- 
 ficient fences at their equal expense. 
 
 Thus, by the Revised Statutes of Massachusetts, ch. 19, the 
 owner of a close can compej the owner of the adjoining close to 
 make and maintain a partition fence. 
 
 In New York, also, the statute has altered the rights of the 
 parties. Where the lands of two persons join, each shall make 
 a just proportion of the division fence, unless they agree to let 
 their land lie open. If any person shall neglect to make or 
 keep in repair, his proportion of such fence, he shall be liable 
 to such damages as shall accrue by reason of his negligence ; 
 and if he omit to make or repair his proportion of the fence, for 
 one month after notice and request, then the party injured may 
 make or repair the fence at the expense of the party so neglecting 
 to do it. And in case any person who shall have made his pro- 
 portion of the fence, shall be disposed to throw up his lands for 
 common feeding, or to let the same lie open, he shall give three 
 months' notice to the person or persons in possession of the lands 
 adjoining ; and if the fence shall be removed before the expira- 
 tion of three months, the person removing it shall pay the dam- 
 ages sustained by such removal. 3 Wend. 145. 
 
 The only effect of throwing up land, or permitting it to lie 
 open is, to remit the parties to their common law rights and 
 duties., which are, that a tenant of a close is not obliged to fence 
 against an adjoining close, and without such fence may bring 
 trespass for an entry of cattle ; the owner of the cattle being 
 obliged to keep them on his own premises, in the absence of any 
 agreement or prescription about fences. 3 Wend. 142. 
 
 In many of the States, where, by the statutes, the respective 
 occupants of adjoining enclosures are required to make and 
 repair sufficient fences at their equal expense, it has been de- 
 cided, under these statutes, that the obligation to make and 
 naintain a partition fence is equally operative upon both ad- 
 ' /acent owners ; that each party is equally bound to move in the 
 matter; and that, until such division, there can be no deficiency 
 or neglect alleged as to the fence of either party, separately and 
 individually. If either, therefore, put cattle on his own land, 
 and they enter upon the land of the adjacent proprietor, there 
 being no partition of the fence separating the lots, he will be 
 liable to an action of trespass therefor. This is the law in 
 Maine, New Hampshire, Massachusetts, New Jersey, Penn- 
 sylvania, and, probably, in most of the other states. 4 Mete. 
 589; 5 Greenl. 356; 4 N. Hamp. 36 ; 7 N. Hamp. 518; 4 
 Halst. 384 ; 3 Harrison, 388; Addison R., 258. 
 
 It has been decided in Massachusetts, that, upon general 
 principles, it is no more the duty of the individual, who
 
 DIVISION FENCES. 66 
 
 has a field adjacent to that which his neighbor proposes to 
 depasture with his cattle, to take the incipient steps to cause a 
 partition of the fences between their adjacent lands, than of him 
 who owns the cattle, and intends to use his land for depasturing 
 them. Both parties are entitled to the privilege given by the 
 statute, authorising proceedings for dividing their fences, and 
 assigning to each his proper portion thereof; and if either 
 wishes to avail himself of its provisions for his protection, he 
 must move in the matter, if his neighbor does not. By taking 
 the proper steps, and causing a partition to be made of thj 
 fences, and duly maintaining and keeping in repair the part as- 
 signed to him, he can easily avoid all liability to an action, if his 
 cattle escape into the adjoining lot through defect of the fence 
 assigned to the owner of such lot. If he neglect to procure a 
 division of the fence, it is not for him to complain, that the owner 
 of the adjacent lot has been alike inactive in the matter ; but 
 the result must be that both parties must be presumed to elect, 
 to occupy, and improve their lands under the rules of the com- 
 mon law, and subject to the common law responsibilities. 4 
 Mete. 589. 
 
 Where there is no prescription, agreement, or assignment, 
 nnder the statute, whereby the owner of land is bound to main- 
 tain a fence, no occupant is obliged to fence against an adjoining 
 close ; but in such case, there being no fence, each owner is 
 bound, at his peril, to keep his cattle in his own close. When 
 a tenant, for any of the reasons before stated, is bound to fence 
 against an adjoining close, it is only against such cattle as are 
 rightfully in that close; and, in such case, if the fence be not in 
 fact made, the owner of either close then adjoining, may dis- 
 train the cattle escaping from the adjoining close, not rightfully 
 there. 5 Greenl. 357. 
 
 Where two men own adjoining closes, with an undivided 
 partition fence, which both are equally bound to repair, each is 
 bound to keep his cattle on his own land, at his peril. 7 N. 
 Hamp. 518. 
 
 In Connecticut a contrary doctrine has been established ; and 
 though, by the common law, it is the duty of the owner of cattle 
 to distrain them, and if he suffer them to trespass upon the lands 
 of another, he is generally liable in damages, whether those lands 
 were or were not enclosed by a sufficient fence. But in Massa- 
 chusetts a different rule has been adopted, and the owners of lands 
 are obliged to enclose them by a lawful fence, or they can main- 
 tain no action for a trespass done thereon by the cattle of another. 
 14 Conn. 292. The law in Vermont is the same, in this respect, 
 as in Connecticut, and the following reasons are assigned for it 
 by Judge Hutchinson : " The cattle of many persons, especially 
 the cows of poor persons, in all parts of the state, have always 
 been permitted to run upon the highways and commons, no man 
 presuming to take them up damage-feasant, unless his own
 
 VO OF PARTY WALLS. 
 
 fence would stand the test of the law. And this practice is well 
 warranted by statute of Massachusetts, the provisions of which 
 are so various and extensive, and form such an entire system 
 upon the subject, it must have been intended to supersede the 
 common law." 1 Vermont, 476. 
 
 : As, by the common law, the tenant of a close is not obliged 
 to fence against an adjoining owner or tenant (unless by force of 
 agreement or prescription,) so the party who makes a fence 
 between his close and that of an adjoining tenant, must make it 
 wholly on his own land. 
 
 But, as in most of the States the occupants of jidjoining en- 
 closures are required by statute to make and repair sufficient 
 fences at their joint expense, it would seem to be very clear, that 
 the common law doctrine as to the adjoining tenant's rights and 
 duties concerning fences, is not applicable in those States. An 
 occupant of land, therefore, who is bound to maintain a fence 
 between his own and an adjoining enclosure, may place half of 
 a fence, of reasonable dimensions, on the land of the adjoining 
 owner ; and he may cut half of a ditch on the land of such 
 owner, when a ditch is proper for a partition fence. 2 Mete. 180. 
 
 The public have no right in a highway, but a right to pass 
 and repass thereon ; they cannot, therefore, justify turning their 
 cattle thereon, for the purpose of grazing. And tf cattle, so OR 
 th highway, for the purpose of grazing, escape into the ad- 
 joining close, the owner of the cattle cannot avail himself of the 
 insufficiency of the fences in excuse of the trespass. 16 Mass. 
 33 ; 3 Wend. 142. 
 
 In Vermont cattle have always been permitted^ in all parts of 
 the state, to run upon the highways and commons, no man pre- 
 suming to take them up damage-feasant, unless his own fence 
 could stand the test of law. 1 Verm. 476. 
 . Where cattle have escaped from an adjoining close into that 
 of the defendant's, through defect offences which the defendant 
 is bound to repair, he is not justified in driving them out into the 
 highway, and leaving them there, although it may be their best 
 way back ; and trespass will lie. It is perfectly clear, that the 
 least to be expected from a party in the situation of the defend- 
 ant is, that he should put back the cattle into the place in which 
 they were before they quitted it, in consequence of Ids neglect. 
 8 Ad. & E. 311. 
 
 PARTITION WALLS. 
 
 Where a party wall exists between two buildings, belonging 
 to different persons, if one of them take it down with his building, 
 he must re-erect it in reasonable time, and with the least incon- 
 venience. The other owner shall contribute to the expense, if 
 the wall required repairs ; but he cannot be charged with the 
 expense of a wall more costly than the former one. 9 Milliard 
 on Real Property, 86.
 
 OF NUISANCES, ETC. 57 
 
 It two persons have a party wall, one-half of the thickness of 
 which stands on the land of each, they are noi therefore tenanta 
 in common of the wall, or of the land on which it stands, al- 
 though the wall was erected at the joint expense of the two 
 proprietors. The common use of a wall separating adjoining 
 lands belonging to different owners, is prima facie evidence, 
 however, that they ate tenants in common. 5 Taunt 20, 257. 
 
 If the owner of a house in a compact town, finds it necessary 
 to pull it down, and remove the foundations of his building, 
 and he gives due notice of his intention to the owner of the ad- 
 joining house, he is not answerable for the injury which the 
 owner of that house may sustain by the operation, provided he 
 remove his own with reasonable and ordinary care. Where 
 there had been no party wall, but the wall of th'e house pulled 
 down, stood wholly on its lot, yet if the beams of the house 
 rested upon the wall pulled down, and had done so for a period 
 sufficient to establish an easement by prescription, the owner o'f 
 the adjoining house would be entitled to have his beams inserted 
 for a resting-place in the new wall. 3 Kent, 437. I't 1? 
 
 OF NUISANCES AND OTHER INJURIES 
 TO THE POSSESSION. 
 
 Who may Sue for Damages occasioned by a Nuisance? The 
 tenant's possessory interest will entitle him to an action against 
 a wrongdoer for any- injury done 10 his possession, whether that 
 injury be in the nature of a nuisance or otherwise. And, where 
 the injury does not extend beyond a temporary interruption of 
 the enjoyment of the lessee, he alone being injured, is clearly 
 the only party who can have any right to sue, and may of 
 course recover the full measure of damages. If, however, the 
 injury is of so grave a character as to affect not merely the tem- 
 porary right of the tenant, but likewise the permanent value of 
 the property, here the tenant and the landlord may both maintain 
 actions for the injuries done to their respective estates. They 
 are both injured, but in different degrees; the tenant, in the 
 interruption to his estate and the diminution of his profits ; and 
 the landlord in the more permanent injury to his property. 1. 
 Walford on Parties to Actions, 233. 11 Mass. 519. 
 
 Against whom an Action of Nuisance may be brought. As. 
 a general rule an action for nuisance seems to be maintainable 
 in lour different cases. 
 
 first, against a party who employs his premises so as to 
 cause a nuisance to his neighbor, and this either for the ori-' 
 ginal erection, or for the subsequent continuance. Com. Dig. 
 Action on Case for Nuisance, 1 Stark, 22 ; M. & M. 350. 
 
 Secondly, the action lies against uny subsequent occupier who 
 
 L It. T 5*
 
 68 OF NUISANCES, KTC^ 
 
 takes premises upon which a nuisance exists, and continues it ; 
 and this by whatever title he may come in, by lease, assignment, 
 or the like. Thus, one who succeeds another in the occupation 
 of premises upon which a steam engine is erected, is liable for 
 any annoyance that may be thereby occasioned to the neighbor- 
 hood in his own time. So, likewise, if a husband, in his life- 
 time, divert a stream of water, by means of a pipe and cock, to liis 
 house, an action lies against his wife if, alter his death, she 
 occupy the house, and use the water, for every turning of the 
 cock is a fresh nuisance. Nay, even though the new occupier 
 in no way contributes to the production of the nuisance beyond 
 a passive enjoyment of the premises as he finds them, he is still 
 liable. Thus, where the owner of a mill adjoining the plaintiff's 
 meadow, sometime before the date of the action, raised the 
 banks of his mill-pond so high, as to cause the water from it to 
 overflow the meadow, and he afterwards let the mill to the 
 defendant ; the plaintiff thereupon sued the defendant, and ob- 
 tained a verdict upon the ground that there was a continuance 
 of the nuisance by the present defendant, and that was enough 
 to subject him to the action. 5 Co. 101 a ; R. & M. 189 ; Dyer, 
 319 ; 2 Salk. 460 ; Cro. Jac. 373, 555. 
 
 Thirdly, the action lies against any one who, from the relation 
 in which he stands to the land upon which the nuisance is 
 erected, must be inferred to possess the power, either of origin- 
 ally preventing it, or, at any rate, of putting an end to its con- 
 tinuance, and who fails to do so ; for his neglect reasonably 
 fixes him with the charge of sanctioning and upholding it, as 
 much as if he had in the first instance given the authority for its 
 erection. Thus, if one raises a building on his ow.n land, so 
 high as to obstruct his neighbor's ancient lights, and leases it in 
 this state to another, either the landlord or tenant is liable to an 
 action of nuisance. So if the nuisance be erected in the first 
 instance during a tenancy, and the landlord choose to renew the 
 tenancy, after the tenant has so erected the nuisance, without 
 any stipulation for its rerroval, that will make the landlord liable, 
 for he must not let the land with a nuisance upon it. So, if a 
 man leases premises for a purpose which he must know is likely 
 to produce a nuisance, he is liable. So, where a man leases 
 premises in that state and condition that, without particular care, 
 the use of them is likely to end in a nuisance, and does not, at 
 the same time, stipulate for the tenant's taking the necessary 
 measures to prevent it, or reserve to himself a right of entry for 
 the purpose ; here an action lies against him, if the nuisance 
 afterwards occurs, for want of such care on the part of the 
 tenant. As, if a man let out a row of houses, with a common 
 privy, to different tenants, without exacting from his tenants an 
 obligation to cleanse, with a right of entry for himself in default 
 of their doing so, he is liable if, by neglect of cleansing, a nui- 
 sance be subsequently occasioned. Nay, if a man do nothing
 
 ANCIENT LIGHTS. 59 
 
 more than simply purchase premises with an existing nuisance 
 upon them, though there be a lease for a term at the time of the 
 purchase, so that the purchaser has no opportunity of removing 
 the nuisance, yet by purchasing the reversion he makes himself 
 liable for the nuisance ; but if, after the reversion is purchased, 
 the nuisance be erected by the occupier, the reversioner incurs 
 no liability, but the sole remedy is against the tenant. 2 Salk. 
 460; 1 A. & E. 827. 
 
 Fourthly, an action lies against a contractor, or other" party, 
 exercising a regular, independent employment, who, being em- 
 ployed by the owner of premises to do something about them in 
 the usual course of his employment, does it in so careless, un- 
 skilful, or insufficient a manner, that the work, while it is under 
 his immediate control and superintendence, causes a damage to 
 the neighboring premises. 2 D. & R. 33. 
 
 What are Nuisances? The cases in which nuisances may 
 and do exist, are extremely numerous ; by some corruption of 
 the air ; of the water one uses as necessary, in its pure state, 
 for his family or cattle ; by some troublesome noises ; and by 
 keeping in society vicious and immoral places of resort ; and in 
 the question, if a nuisance or not, the more particular question 
 usually is, if the place complained of corrupts, in some consider- 
 able degree, the air or water, to render it unfit, or materially 
 less fit, for its usual purposes, or unwholesome ; or are noises, 
 such as to make a family very uncomfortable, introduced where 
 families are previously settled ; or are the places of resort such 
 as to essentially corrupt and injure in their natural tendency 
 good morals; or how far the light of a house illegally darkened, 
 so as materially to injure the owner ; how far water illegally 
 thrown on his building really rots them, &c. 3 Dane's Abr. 
 ch. 74, a. 5, 4. 
 
 NUISANCES TO HOUSES. These are of three kinds. 1st. 
 By over-hanging. 2d. By stopping ancient lights. And 3d. 
 Corrupting the air with noisome smells. 
 
 Overhanging. If one build a house so near his neighbor's, 
 that it throws water upon it, it is a nuisance ; and if one build 
 his house so as to overhang his neighbor's, he may remove the 
 nuisance before he is actually injured by rain falling. 2 Salk. 459. 
 
 The case of overhanging so as to cast water upon the land 
 adjoining, is clearly a nuisance to, and a trespass upon, the ad- 
 joining land. 
 
 Ancient Lights. The uninterrupted enjoyment of lights for 
 twenty years raises a presumption in favor of the right ; and the 
 obstructing or darkening of such lights, is a nuisance. But 
 such use or enjoyment does not bind the owner of adjoining 
 land, so as to preclude him from building against, or obstruct- 
 ing, these lights, unless he had knowledge of their existence; 
 and the occupation of his land by a tenant is not sufficient ground 
 of itself for mplying such knowledge. Thus, where lights had
 
 60 CORRUPT AIR. 
 
 been put out and enjoyed for above twenty years during the 
 occupation of the opposite premises by a tenant; that will not 
 conclude the landlord of such opposite premises, witiiout evi- 
 dence of his knowledge of the fact, and consequently will not 
 conclude a succeeding tenant who was in possession under such 
 landlord from building up against such encroaching lights. 11 
 East. 372. 
 
 In Connecticut, an adverse right to lights and windows can- 
 not be acquired by use, in any city. St. 1845, 35. 
 
 There is one case where the law protects the enjoyment of 
 lights, though not ancient. Thus, where one sells a house 
 having doors or windows opening into a vacant lot adjoining arid 
 belonging to the vender, without reserving a right to build on 
 such lot, or to slop the doors and windows, neither he nor his 
 grantee of such lot can lawfully stop them. 12 Mass. 157. 
 
 But merely intercepting the prospect without obstructing the 
 light, or opening a window, whereby the privacy of a neighbor 
 is disturbed, are not nuisances. 1 Mod. 55 ; 3 (Jamp. 82. 
 
 A total privation of light, however, is not necessary to sup- 
 port this action for a nuisance ; for if the plaintiff can prove 
 that by reason of the obstruction he cannot enjoy the light in so 
 free and ample a manner as he did before, it is sufficient to 
 maintain this action. 3 D. & E. 159. 
 
 As the right to light is acquired by enjoyment, so it may be 
 lost by a discontinuance of the enjoyment, unless the party who 
 ceases to enjoy at the same time does some act to show an in- 
 tention of resuming the enjoyment within a reasonable time; 
 and the non-user of the lights for less than twenty years, under 
 such circumstances, will deprive him of his right. Thus, if he 
 build a blank wall to his house, where the lights formerly ex- 
 isted, this is such an abandonment as will extinguish his title. 
 3 Barn. & Cr 332. 
 
 An action does not lie against a person for erecting a fence 
 on his own land, whereby he obstructs the lights of his neighbor, 
 let the notice be what it may, if the lights be not ancient lights, 
 or his neighbor has not acquired a right, by grant, or occupation 
 and acquiescence. 13 Wend. 261. 
 
 Nor does an action lie for opening a window overlooking the 
 privacy of another; and, on the contrary, although the doing so 
 be an encroachment, the continuance thereof for twenty years 
 will ripen into a right. 13 Wend. 261. 
 
 Corrupt Jlir, In regard to this, it is most difficult to de- 
 termine what is or is not a nuisance in a legal sense. The law 
 cannot punish every the least bad smell, or the least corruption 
 of the air ; if it were to do this, men would not be able to live 
 together in cities 01 towns. There must be some considerable 
 corruption of the air for the law to notice. It is, therefore, 
 clearly settled, that it is no nuisance, unless the air be made 
 noxious ; but if one erects a privy, or keeps his hogs or other
 
 PUBLIC NUISANCES. 61 
 
 noiscir.e animals, or linv-kiln, or his trade as a tanner, tallow- 
 chandler, or other offensive trade, (for such ought to be carried 
 on in their proper places,) these are nuisances, when so near 
 one's house that the stench makes the air unwholesome. 3 
 Dane's A.br., c. 74, a. 2, $ 14. 
 
 Nuisances to Lands. It' one erect a smelting house for lead 
 so near the land of another, that tho smoke kill the corn and 
 grass growing on the land of another, or injure the cattle there- 
 on., it is a nuisance ; and any act in itself lawful, which by being 
 done in a certain place injures the property of another , is a nu- 
 sance. 3 Black. Com. 217. 
 
 If one keep gunpowder so near buildings as apparently to 
 endanger them, it is a nuisance ; but if, at the time of setting 
 up tho powder-house, no houses were near, but afterwards 
 others were erected, it is at the peril of the builder. 12 Mod. 34ii. 
 
 If a man sells grass on his land to a person who is to cut it 
 and carry it away by such a time ; and that person mows it, and 
 suffers it to lie there, after the time agreed for its removal, and 
 it rots and kills the grass, it is a nuisance. 1 Com. D. 293, 
 293 ; Willis, 71. 
 
 If a person have a right of way across another's land, and the 
 owner of the land obstructs him in the use of it, either by totally 
 stopping it, or putting logs across it, or ploughing over it, it is a 
 nuisance. 3 Black. Com. 218. 
 
 It is a nuisance to stop or divert water that runs to another's 
 meadow or mill ; or to corrupt or poison a water course, by 
 erecting a dye-house or a lime-pit for the use of trade, in the 
 upper part of a stream. 3 Black. Com. 218 ; 2 John's Ch. R. 164. 
 
 The disturbance of mill owners in the enjoyment of their 
 rights, both in diverting the water, and in jlooding their mills 
 with an excess of water beyond their rights, is a nuisance. 23 
 Pictk. 333. 
 
 The existence of a nuisance, for a long period of time, as, for 
 twenty years, is sufficient to establish a prescriptive right to 
 maintain such nuisance ; and it is, therefore, a good defence to 
 an action of nuisance, that the nuisance has existed for twenty 
 years. And a party injured has no right to abate a nuisance of 
 twenty years standing. 
 
 Public Nuisances. Every unauthorized obstruction of ahigh- 
 ray to the annoyance of the citizens, is an- indictable offence 
 tnd a nuisance ; and independently of any legal proceedings, it 
 appears that any person may lawfully abate a public nuisance, 
 at least if it be placed in the middle of a highway, and obstruct 
 the passage of those travelling over the road. But though a 
 party may remove the nuisance, yet he cannot remove the 
 materials, or convert them to his own use ; and so much of the- 
 thing only as causes the nuisance ought to be removed. 2 
 Salk. 458. 
 
 One who is injured by an obstruction placed unlawfully in a 
 highway, cannot maintain an action for damages if it appears
 
 93 ABATEMENT OP NUISANCES. 
 
 that he did not use ordinary care, by which the obstruction 
 might have been avoided. Thus, where the plaintiff, who was 
 riding violently in a public highway, was thrown down with his 
 horse, and injured by means of an obstruction placed there by 
 the defendant ; it was proved, that if the plaintiff had not ridden 
 very hard he might have seen the obstruction and avoided it, 
 and on this ground he failed in the action. 2 Pick. 624. 
 
 Abatement of Nuisances. There are two ways to redress 
 a nuisance ; one by action, by which the party injured recovers 
 damages and has judgment that the nuisance shall be removed ; 
 the other, where the party injured abates the nuisance himself. 
 The abatement of a nuisance by the party injured, does not, 
 however, preclude him from bringing an action to recover the 
 damages sustained by him anterior to such abatement. 4 Conn. 
 418. 
 
 If a man on his own soil erect a thing which is a nuisance to 
 another, as by stopping a rivulet, and so diminishing the water 
 used by him for his cattle, the party injured may enter on the 
 soil of the other and abate the nuisance, and justify the trespass. 
 So if one erects a gate across a way, which ought not to be there, 
 or otherwise unlawfully obstructs the way, any one who has a 
 right to pass over the way, may remove the obstruction. So if 
 any one erects a building, shed or wall, so as to obstruct ancient 
 lights, though on his own land, it is a private nuisance ; and the 
 owner of the ancient lights may peaceably enter on his land and 
 pull it down. So if a man has a hog-stye or other thing on his 
 land, that corrupts the air in and about his neighbor's house, and 
 makes it unwholesome, his neighbor may lawfully remove the 
 nuisance. So if one builds a house so near his neighbor's that 
 it throws water upon it, his neighbor may abate so much as over- 
 hangs or projects beyond the line ; but he who abates must be 
 careful he abates no more than overhangs, as no more is a nui- 
 sance. 2 Smith 9. 
 
 Great care should be taken in abating a nuisance, not to re- 
 move or pull down anything more, than is absolutely necessary 
 for the abatement of the nuisance, as otherwise the party will 
 render himself liable to an action of trespass. If indeed the nui- 
 sance is of so simple a character, that there cannot possibly be 
 any mistake as to the extent of the nuisance, as a gate wrong- 
 fully erected across a way, or the obstructing of a stream, &c.: 
 or if the injury occasioned by the nuisance be immediate and irre- 
 parable, of such a nature that no pecuniary compensation, which 
 the party injured might recover by an action at law, could satis- 
 fy the wrong done him, then the most effectual remedy is for him 
 to abate the nuisance himself. But where this is not the case, 
 the party had better resort to an action of law, whereby he will 
 recover damages for the injury done him, and have the nuisance 
 abated by the officers of the court, and thus avoid the danger of 
 being sued for trespass. 
 
 A thing in a situation to be a nuisance cannot be abated till it 
 actually becomes one. 12 Mod. 519.
 
 NEGLIGENCE. 63 
 
 The abater of a private nuisance cannot remove the materials fur- 
 ther than is necessary, or convert them to his own use. 1 Sik.173. 
 
 It is a general rule that the abatement must be limited by its 
 necessity, and no wanton or unnecessary injury must be com- 
 mitted. 2 Salk. 488. 
 
 Negligence. Where notice had been given to the occupier 
 of adjoining premises of an intention to pull down, and remove 
 the foundations of a building, or part of the footing of one of 
 the walls on which one of the walls of such adjoining premises 
 rested, it was held, that the party giving notice was only bound 
 to use reasonable and ordinary care in the work, and was not 
 bound in any other way to secure the adjoining premises from 
 injury, although, from the peculiar nature* of the soil he was 
 compelled to lay the foundation of his new building several feet 
 deeper than that of the old. 4 Car. & P. 161. 
 
 But if the adjoining house was an ancient one, or had been 
 erected for a long period of time, as for twenty years, then it 
 would have a right to the support of such wall, and an action 
 would lie for its removal. 3 B. & Add. 87. 
 
 It is a rule of law that every person must use his own pro- 
 perty, so as not to injure or destroy that of his neighbor; and 
 it is now settled that the owner of premises adjoining those 
 pulled down must shore up his own on the inside, and do every 
 thing proper to be done upon them, for their preservation. 15ut 
 in an action for an injury to the plaintiffs premises, in con- 
 sequence of the pulling down of the defendant's house adjoining, 
 the plaintiff may recover damages for any injury actually caused 
 by the negligence of the defendant, although he has not himself 
 used those precautions, which it was his duty to adopt against 
 such injury. 3 Moody & M. 362. 
 
 An action lies against a party who by carelessness or negligence 
 in excavating his own ground, either causes or accelerates the faJl 
 of an adjoining house. 3 Nev. & Mar. 739. 
 
 A person who has a flap-door in the foot of the pavement of 
 the street, opening into a cellar underneath his house, is bound, 
 when he uses it, to conduct hia business with such a degree of 
 care, as wUl prevent a reasonable person, acting himself with 
 an ordinary degree of care, from receiving any injury by it. 4 
 Car. & P. 337. 
 
 It is universally the duty of the occupier of a house having an 
 area fronting a public street, so to fence it as to make it safe to 
 passengers, and it is no defence to an action against him for 
 neglecting so to do, whereby the plaintiff fell down into the area, 
 and was hurt, that when he took possession of the house, and 
 as long back as could be remembered, the area was in the same 
 open state as when the accident happened. 3 Camp. 398. Wood- 
 fall's Land. & Ten. 849. 
 
 If the owner of a house is bound to repair it, he, and not the 
 occupier, is liable to an action on the case for an injury sustained 
 by a stranger from the want of repair. 2 II. Black. 349.
 
 64 
 
 PRIVATE WAYS. 
 
 An action lies against a party for so negligently constructing 
 and keeping a hay rick on the extremity of his land that in con- 
 sequence of its spontaneous ignition, his neighbor's house is 
 burnt down. 3 Bing. N. C. 468. 
 
 OF PRIVATE WAYS. 
 
 A right of way over another man's land may arise either by 
 grant of the owner of the soil, or by prescription which supposes 
 a grant, or from necessity. 1 Rol. Abr. Chemin private, 10. 
 
 By Grant. A grant of a right of way, to be valid, must 
 be by deed; so also must a release. 9 Mete. 402. 
 
 Where a right of way is granted, without any designation of 
 the place in the deed, it becomes located by usage for a length 
 of time. And being so located, it cannot afterwards be changed 
 *iy the grantor. But if changed, and the grantee has, for a 
 length of time, used the new road, his acquiescence in the al- 
 teration w.Ml be presumed. 12 John. 222. 
 
 Undei a grant of a way from one close to another, in, 
 through, and along a particular way, the grantee is not justified 
 in making a transverse road across the same. So a reservation 
 in a lease of a right of way on foot, and for horses, oxen, cattle, 
 and sheep, does not give any right of way to carry maavr 
 And it has been decided, also, that a right of way for agricul- 
 tural purposes is a limited and qualified right of way, and does 
 not necessarily confer a right to use such way for general and 
 universal purposes. And generally a grant of a right of way is 
 construed strictly, and the grantee cannot use the way for any 
 other purpose than that for which it was granted. 1 T. R. 560; 
 1 Ad. & E. N. S. 792; Holt, 455. 
 
 Under a grant of a right of way across the grantor's lot of 
 land, the grantee has not a right to enter at one place, go 
 partly across, and then come out at another place on the same 
 side of the lot ; and parol evidence to show that such was the 
 intention of the grant is inadmissible. Held, also, that drag- 
 ging timber from the grantee's lot upon the grantor's land, for 
 the purpose of turning it round , was a misuse of the right of way. 
 5 Pick. 163. 
 
 The owner of land, over which his grantor has reserved a 
 passage-way, may lawfully cover such passage-way with a 
 building, if he leave a space so wide, high, and light, that the 
 way is substantially as convenient as before for the purpose for 
 which it was reserved. And he is not liable for damages, al- 
 though the passage-way, by reason of its being so covered, be- 
 comes to a greater extent the resort of strangers, to the annoy- 
 ance of the grantor. 2 Mete. 457. 
 
 All which the person having this easement can lawfully 
 claim is the use of the surface for passing and repassing, with 
 a right .o enter upon and prepare it for that use, by levelling,
 
 BY GRANT. BY PRESCRIPTION. 65 
 
 gravelling, ploughing, or paving, according to the nature of 
 the way granted or reserved ; that is, for a foot-way, a horse- 
 way, or a way fur all learns and carriages ; and the owner of 
 the soil has all the rights and benefits of ownership consistent 
 with such easement. When no dimensions of a way are ex- 
 pressed, the dimensions must be inferred to be such as are 
 reasonably sufficient for the accomplishment of the object. If 
 it be a footway only, it shall be reasonably wide and high for 
 all persons to pass on foot with such things as are usually car- 
 ried by foot passengers. If it be a way for teams and carriages, 
 it shall be of sufficient height and breadth to admit of carriages 
 of the largest size in common use, and high enough for loads 
 of hay and other similar vehicles usually moved by teams. 8 
 Mete. 457 ; 6 Mass. 454. 
 
 The grantee, and not the grantor, of a right of way must 
 keep it" in repair ; and if the way become impassable from 
 want of repairs, the grantee cannot deviate from the way and 
 pass over on the adjoining land. Thus, it is no defence to an. 
 action, that the defendant has a right of way over part of the 
 plaintiff's land, and that he had gone upon the adjoining land 
 because the way was impassable from being overflowed by a 
 river. 12 John. 222 ; 2 Uoug. 745. 
 
 But though the grantor of a right of way is not liable for 
 suffering it to be out of repair, unless he is bound by contract 
 or prescription to keep it in repair, yet he is liable for stopping 
 it. 12 Miss. 05. 
 
 By Prescription. In most of the States, the adverse en- 
 joyment of a right of way for twenty years establishes an 
 absolute right to the way, and is a legal bar to any action 
 brought by the owner of the soil against the person using the 
 way : and, in some of the States, even a less time than twenty 
 years is sufficient to establish such right as in Vermont and 
 Connecticut fifteen ye:irs are held sufficient. Hut in Newr 
 Jersey and Pennsylvania, no length of time is sufficient to 
 confer an absolute right; though the enjoyment of a right of 
 way for a long time, as for twenty years, would rnise a pre- 
 sumption of a grant, and, unless rebutted by other evidence, 
 would warrant a jury in deciding against the owner of the soil, 
 and in favor of this person using the way. 2 Brown's Peun., 
 R. 202 ; 3 Halst. N. J. H. 125. 
 
 To support a claim t a right of way to and from an estate 
 by twenty years' adverse possession, the claim must be shown 
 to hnve been uninterrupted. Hence, if A. has adverse pos- 
 session for two years only, and conveys his estate, xerernl yeart 
 qftcrwari/s, to M , who has adverse possession for el/jliteen 
 years, the two years' possession by A. cannot be added, in 
 order to make up the twenty years. 7 Meic. 33. 
 
 Neither acts of amrtisy, nor conwnieni-e, c;in give one a 
 right of way over another's land. 3 M'Cord, 131. 
 
 I. i T. (j
 
 66 NECESSITY. HIGHWAY. RUNNING WATER. 
 
 A right of way is not lost by a non-user for any period less 
 than twenty years. 10 Pick. 311. 
 
 By Necessity. If a man, having two parcels of land, to 
 one of which he has no access, except over the other, convey 
 such inaccessible parcel, the grantee* has a right of way to it 
 over the other parcel, as incident to the grant. So if tho own- 
 er convey the accessible parcel, retaining the inacccssihle one, 
 a riaht of way to the latter over the former is reserved to the 
 grantor. A person claiming a right by necessity is entitled, 
 however, only to a convenient way over the other's land, and 
 will have no right to pass over it wherever he pleases. He 
 must select a suitable route for his way ; but in doing it he 
 must regard the interest and convenience of the owner of the 
 land ; and whence has done it he will be confined to the same 
 way, and may not change its course according to his wishes or 
 caprice. 2 Cruise's Dig. 124 ; 24 Pick. 102 ; 15 Conn. 39. 
 
 Thus, if one has a right of way by necessity over the land of 
 another, he is bound to use it so as to occasion the least possible 
 inconvenience to the owner of the land. All that a person en- 
 tilled to such an easement can reasonably claim, is a convenient 
 way ; and if this is allowed him by the owner of the land, he 
 has no cause to complain. 2 Pick. 578. 
 
 A right of way by necessity cannot be claimed by one who 
 has a way over his own ground, however inconvenient that may 
 be. 3 Hawle, 492. 
 
 A way of necessity is limited by the necessity which created 
 it; and when such necessity ceasts, the right of way also 
 ceases ; therefore, if at any subsequent period, the party for- 
 merly entitled to such way can approach the place to which i( 
 led, by passing over his own land hy as direct a course us he 
 would have done by using the old wav, such way ceases to ex 
 ist as of necessity. 2 Bing. 76 ; 15 Conn. 35). 
 
 Highway. Hy the common law, the fee in the soil remains 
 in he original owner, where a public road is made upon it, hut 
 the use of the road is in the public. 'I he owner parts with these 
 only ; for if the road should be vacated by the public, heresu;nes 
 the exclusive possession of the ground ; while it is used as a 
 highway, he is entitled to the timber and grass which may grow 
 upon the surface, and to all the minerals which may be found 
 below it. He may bring an action of trespass against any one 
 who obstructs the road. 6 PH. 498. 
 
 There is a temporary right of way over the adjoining land, if 
 the highway be out of repair, or be otherwise impassable, aa 
 by a flood. Doug. R. 745. 
 
 Punning Water. Every man, through whose land water 
 passes, may use it for watering his cattle or irrigating, and he 
 may do this, either by dipping water from the brook and pour- 
 ing it upon his land, or by making small sluices for the same 
 purpose ; but he must use it in this latter way so as to do the
 
 HIORITY OF OCCUPANCY. 67 
 
 
 
 least possible injury to his neighbor, who has the same right. 
 And where the owner of land through which a natural stream 
 flows, diverts the water for the purpose of irrigation, without 
 returning the surplus into the natural channel, whereby the 
 owner of land below, entitled to use the water in the same 
 manner, is deprived of his privilege, an action lies. Streams of 
 water are intended for the use and comfort of man, and every 
 proprietor is entitled to a reasonable use of the water, and may 
 apply it to domestic, agricultural, and manufacturing purposes; 
 but not so as to destroy or materially diminish , or affect the ap- 
 plication of the water by the proprietors below on the stream. 
 5 Pick. 175; 12 Wend. 331. 
 
 Where several owners of mill-seats on a running stream have 
 a common and equal right to (he use of the water, though no 
 action lies against the owner of a mill above for any damage 
 which the owner of a mill below may incidentally suffer from 
 the reasonable use of the water by the former for his own benefit ; 
 yet the owner of the mill above has not an unlimited right to 
 use the water as he pleases, or to stop the natural flow of the 
 stream, so as to destroy or render useless the mills below. And 
 if he shuts down his gate, and detains the water for an unreason- 
 able time, or lets it out in such unusual quantities as to prevent 
 the owner of the mill below from using it, or deprive him of a 
 reasonable and fair participation in the benefit of the stream, he 
 is answerable for the damage thus sustained. 17 John. 306. 
 
 The owner of an ancient mill may change the character and 
 use of his mill at pleasure,- without impairing his right to the 
 water, if he does not thereby injure his neighbor's mill, and re- 
 turns the water again to its ancient channel, 8 Greenl. 253. 
 
 The exclusive enjoyment of the use of water in a particular 
 way for twenty years is sufficient to raise a presumption of title 
 to such use ; and it is not necessary that the water should have 
 been used precisely in the same manner or to propel the same 
 machinery. So after twenty years' uninterrupted enjoyment of 
 a spring of water, an absolute right to it is gained by the occu- 
 pier of the close in which it issues above ground ; and the owner 
 of an adjoining close cannot lawfully cut a drain whereby the 
 supply of water by the spring is diminished. 3 Page R. 577. 
 1 Camp. 463. 
 
 A mill privilege cannot be considered as extinguished or 
 abandoned by disuse, until such disuse, entire and complete, has 
 continued twenty years. 7 Mete. 94. 
 
 Mere priority of occupancy of the flowing water of a river 
 creates no right ; and an adverse enioyment of water in a stream, 
 for any period less than twenty years, is not sufficient to estab- 
 lish a right by prescription. 5 N. Hump. 231. 
 
 Where a right exists to use a certain quantity of water, a 
 change in the mode or objects of the use, without increasing the 
 quantity, is no violation of the right. 2 N. Hamp. 255.
 
 STATE LAWS 
 
 RELATING TO 
 
 LANDLORD AND TENANT 
 
 CHAPTER III. 
 
 MAINE. 
 
 CHAP. 95. SEC. 17. A widow may remain in the house of her 
 husband, ninety days after his death, without being chargeable 
 with rent therefor. 
 
 SEC. 19. All tenancies at will may be determined by either 
 party, by three months' notice in writing, for that purpose given 
 to the other party ; and, when the rent, due upon such lease, is 
 payable at periods of less than three months, the time of such 
 notice shall be sufficient, if it be equal to the interval between 
 the days of payment ; and, in all cases of neglect or refusal to 
 pay the rent due on a lease at will, thirty days' notice to quit, 
 given in writing by the landlord to the tenant, shall be sufficient 
 to determine, the lease. 
 
 SEC. 20. The preceding section shall not be construed to ex- 
 tend, or be applicable to the proceedings in cases of forcible 
 entry and detainer, or the notice required in such cases. On 
 complaint made in writing and on oath, of any unlawful or for- 
 cible entry into any lands or tenements, a summons shall be 
 served on the tenant seven days at least, before the day set for 
 trial, &c. 
 
 CHAP. 125. SEC. 40. When any lot, or parcel of land, or any 
 mill privilege shall be leased for the purpose of having a house, 
 shop, mill, or other building erected, or placed thereon, and 
 rent is reserved in the lease, all the buildinge erected as afore- 
 said, together with all the interest which the lessee before had, 
 or may have in the premises, by force of such lease, shall re- 
 main liable to be attached by any such lessor, or his assignee, 
 to secure the rent due on such lease, notwithstanding any pre- 
 vious transfer of property by the lessee ; provided such attach- 
 ment be made within six months from the time such rent be- 
 comes due. 
 
 Suits must be commenced within six years. Also, all action!) 
 for waste. 
 
 CHAP. 128. SEC. 1. Any justice of the peace in the county 
 in which he resides shall have jurisdiction in all cases of forci-
 
 MAINE STATUTES. 69 
 
 ble entry and detainer, except in a city or town where there is 
 a municipal or police court. 
 
 SEC. 2. On complaint made to him, in writing and on oath*, 
 of any unlawful and forcible entry, into any lands or tenements, 
 or any unlawful and foicible detainer, he shall issue his warrant, 
 under hand and seal, directed to the sheriff or his deputy, or a 
 constable of the town where the person charged resides, to sum- 
 mon him to show cause why judgment should not be rendered 
 against him ; which summons shall be served upon him by read- 
 ing tlie same in his presence and hearing, or by delivering him 
 a copy, or leaving it at his last and usual place of abode, seven 
 days at least before the day set for trial. 
 
 SEC. 3. On return of such service, in case of the non-appear- 
 ance and default of the party charged, or his failing to shew 
 sufficient cause, judgment shall be rendered against him for pos- 
 session of the premises, and the justice shall issue a writ of 
 possession to remove him. 
 
 SEC. 4. Should the defendant plead not guilty to the com- 
 plaint, and file a brief statement of title in himself or some oth- 
 er person under whom he claims the premises in question, the 
 justice shall thereupon order him to recognize to the complain- 
 ant, with sufficient sureties, in such sum as the justice shall 
 order, to pay all intervening damages and costs, and reasonable 
 intervening rent for the premises ; and said justice shall require 
 the complainant to recognize to the defendant, with sufficient 
 sureties, in a reasonable sum, conditioned to enter the action at 
 the next district court, and prosecute the same to final judgment, 
 and pay all costs adjudged against him ; and, if either party 
 shall refuse so to recognize, said justice shall enter judgment, 
 as in case of non-suit or default, against the party so neglecting 
 or refusing. Either party may appeal from the judgment of 
 the justice, upon issue joined, to the next district court, recog- 
 nizing, as aforesaid, to pay such costs as may be adjudged 
 against him ; and if the defendant shall appeal, he shall recog- 
 nize to pay such reasonable intervening rent for the premises, as 
 such justice shall adjudge, incase his judgment shall not be re- 
 versed on such appeal. 
 
 SEC. 5. Whenever a tenant, whose estate in the premises is 
 determined, shall unlawfully refuse to quit the same, after thirl v 
 days' notice in writing, given by the lessor for that purpose, he 
 shall be liable to the provisions of this act ; provided he shall 
 not have been in quiet possession of the premises three whole 
 years next preceding the filing of such complaint. 
 
 SEC. 6. Every municipal and police court, now established, 
 or which may be established, in any city or town, shall have ex- 
 clusive jurisdiction of all cases of forcible entry and detainer, 
 arising in the city or town where such court is or shall be estab- 
 lished; and concurrent jurisdiction with justices of the peace 
 and quorum in such cases arising in the counties in which they 
 are or shall be respectively established. 
 
 L. fc T. 6*
 
 70 NEW HAMPSHIRE STATUTES. 
 
 NEW HAMPSHIRE. 
 
 Page 224, SEC. 1. Any lessor, or owner of any lands or ten- 
 ements, may at any time determine any lease at will, or ten- 
 ancy at sufferance, by giving to the tenant, or occupant, a no- 
 tice in writing to quit the same at a day therein named. 
 
 SEC 2. If any tenant, or occupant, neglects, or refuses to pay 
 the rent due and in arrear, upon demand, seven days' notice 
 shall be sufficient. If the rent is payable more frequently than 
 once in three months, whether such rent is due or not due, 
 thirty days' notice shall be sufficient, and three months' notice 
 shall be sufficient in all cases. 
 
 SEC. 3. If any lessee shall violate the condition of any writ- 
 ten lease, notice to quit at the end of seven days shall be suffi- 
 cient and equivalent to an entry for condition broken. 
 
 SEC. 4. If any lessee shall hold over after the expiration of a 
 definite written lease, seven days' notice shall be sufficient. 
 
 SEC. 5. Every tenancy, or occupancy, shall be deemed to be 
 at will, and the rent payable upon demand, unless a different 
 contract is shown. 
 
 SEC. 6. Any lessee may terminate his lease by notice in wri- 
 ting in the same manner as the lessor, and such notice shall 
 have the same effect for all purposes as a notice by the lessor to 
 the lessee. 
 
 SEC. 7. The owner or lessor of any tenement or real estate, 
 may recover possession thereof, against any lessee or occupant, 
 holding the same without right, after a notice to quit the same 
 in the manner herein prescribed. 
 
 SEC. 8. A writ of summons may be issued, returnable before 
 a justice, which shall set forth in substance, that the plaintiff is 
 entitled to the possession of the demanded premises, and that 
 the defendant is in possession of the same without right, after 
 notice in writing to quit the same. 
 
 SEC. 9. Such writ shall be served seven days before the re- 
 turn day thereof. 
 
 SEC. 10. If the defendant shall make default, or if on trial it 
 shall be considered by the justice that the plaintiff has sustained 
 his complaint, judgment shall be rendered, that the plaintiff re- 
 cover possession of the demanded premises and costs. 
 
 SEC. 11. A writ of possession shall be thereupon issued by 
 said justice substantially in the form prescribed by law, in the 
 case of like writs issued in the court of common pleas. 
 
 SEC. 12. If the plaintiff shall neglect to enter his action, or to 
 support the same, judgment shall be rendered for the defendant 
 for his costs. 
 
 SEC. 13. Under the general issue the defendant shall not be 
 allowed to offer any evidence which may bring the title to the 
 demanded premises in question. 
 
 SEC. 14. If the defendant shall plead any plea which may 
 bring in question the title to the demanded premises, he shall re-
 
 VERMONT STATUTES. 71 
 
 cognize to the plaintiff, with sufficient sureties, in such sum ns 
 the justice shall order, to enter and prosecute said action at the 
 next court of common pleas for the county, and to pay all rent 
 then due, or which shall become due, pending said action, and 
 the damages and costs which may be awarded against him. 
 
 SEC. 15. If the defendant shall neglect or refuse so to recog- 
 nize, judgment shall be rendered against him in the same man- 
 ner as if he had refused to make answer to the suit. 
 
 SEC. 16. Alter the filing of such plea, and the entry of such 
 recognizance, no further proceedings shall be had before such 
 justice, but the action may be entered and prosecuted in the 
 court of common pleas in the same manner as if it had originally 
 commenced there. 
 
 SEC. 17. Any party may, within two hours after the rendition 
 of such judgment, appeal to the next court of common pleas for 
 the county. 
 
 SEC. 18. The plaintiff, before his appeal is allowed, shall re- 
 cognize to the defendant with sufficient sureties, in such sum as 
 the justice may order, to enter and prosecute his appeal and to 
 pay such costs as may be awarded against him. 
 
 Stc. 19. The defendant, before his appeal is allowed, shall 
 recognize to the plaintiff, with sufficient sureties, in such sums 
 as the justice may order, to enter and prosecute his appeal, and 
 to pay all rent then due, or which may become due pending such 
 suit, and such damages and costs as may be awarded against 
 him. 
 
 SEC. 22. Nothing in this chapter shall be construed to pre- 
 vent any landlord from pursuing his legal remedy at common law. 
 
 Page 243. No lease for more than seven years from the 
 making thereof, shall be valid to hold the same against any per- 
 son but the grantor and his heirs only, unless such leaee be at- 
 tested by two or more witnesses, a :knowledged and recorded in 
 the registry of deeds in the county in which such lands lie. 
 
 Any person interested in such lease may cause the same to 
 be recorded. 
 
 VERMONT. 
 
 CHAP. 60, SEC. 6. No lease for more than one year from 
 the making thereof, of any lands in this state, shall be good and 
 effectual in law, unless the deed thereof be acknowledged and 
 recorded, &c. 
 
 SEC. 23. The assignment of any lease of lands, if the lease 
 is for a longer term than one year, shall be by deed, signed, 
 ealed and witnessed, acknowledged and recorded. 
 
 SEC. 13. Tenants in common of any lands may join in any 
 ction which concerns their common interest in any such lands. 
 
 SKC. 14. In actions of ejectment for non-payment of rent, the 
 plaintiff shall not be required to prove a demand of the rent in
 
 72 VERMONT STATUTES. 
 
 arrear, or a re-entry on the premises, but shall recover judgment 
 in the same manner as if the rent in arrear had been legally de- 
 manded and re-entry made ; but if the defendant in any such 
 action, at any time before final judgment, shall pay into court 
 the rent in arrear, with the interest and costs of suit, such ac- 
 tion shall be discontinued. 
 
 SEC. 21. The plaintiff, in an action of ejectment, shall recov- 
 er nothing for the mesne profits of the land, except on such im- 
 provements as were made by him or those under whom he claims. 
 
 CHAP. 42. SEC. 13. When any person, wrongfully and with- 
 out force, shall obtain, or continue in possession of any lands or 
 tenements, and after demand made in writing for the delivery of 
 the possession thereof, by the person entitled to such possession, 
 or his agent or attorney, shall refuse or neglect to quit such 
 possession ; upon complaint thereof, in writing, to two justices 
 of the peace, one of whom shall be a judge of the county court, 
 they shall proceed to hear, try, and determine the same in like 
 manner as in cases of forcible entry and detainer, and issue a 
 writ of restitution accordingly. 
 
 SEC. 14. The preceding section shall not be construed to 
 apply to any case where a person with, or without force, holds 
 over any lands or tenements after the determination of the time 
 for which the same were leased, or demised, by a written lease, 
 or ejectment, accepted by the tenant, or to any person holding 
 under the lessee. 
 
 SEC. 15. When any person shall wilfully, and with or with- 
 out force, hold over any lands or tenements after the termination 
 of the time for which they were demised or let to him, or the 
 person under whom he- claims, by a written lease or agreement, 
 and after demand made, in writing, for the delivery of the pos- 
 session, by the person entitled to the same, his agent or attor- 
 ney, shall refuse or neglect to quit such possession upon com- 
 plaint thereof, in writing, to any justice of the same county, 
 such justice, by a jury of six men, empanelled in the same man- 
 ner as juries are by law empanelled to attend justice's courts, 
 shall proceed to hear, try and determine the same in like manner 
 as in cases of forcible entry and detainer, and issue a writ of 
 restitution accordingly.* 
 
 SEC. 18. The complainant shall have a right to an action of 
 trespass against the person complained of, and who, on trial, 
 shall be found guilty, to recover treble damages from the time 
 of notice given to quit the premises, and until that time, the 
 real damages only. 
 
 . * In the above cases, the original process is by summons and attachment as 
 in civil suits, and the person complained against is not liable to be fined ; and 
 any person who shall hare remained three years in quiet possession of the 
 premises, beyond the time for which they were demised, shall not be subject 
 to the above provisions. %
 
 MASSACHUSETTS STATUTES. 73 
 
 MASSACHUSETTS. 
 
 When a tenant, paying rent for real estate, shall be taxed 
 therefor, he may retain, out of his rent, the one half of the tax- 
 es paid by him ; and when a landlord is assessed for such real 
 estate, he may recover the one half of the taxes paid by him, 
 and his rent, in the same action against his tenant ; unless there 
 be an agreement to the contrary. p. 76. 
 
 No bargain and sale, or other like conveyance, of any estate 
 in fee simple, fee tail, or for life, and no lease, for more than 
 seven yenrs from the making thereof, shall be valid and effectu- 
 al, against any person, other than the grantor, and his heirs and 
 devisees, and persons having actual notice thereof, unless it is 
 made by a deed,* recorded, as provided in this chapter. p. 407. 
 
 An action may be brought by and against executors and ad- 
 ministrators, for any arrears of rent accrued in the lifetime of 
 the deceased parties. p. 412. 
 
 All estates at will may be determined by either party, by three 
 months' notice in writing, for that, purpose, given to the other 
 party ; and when the rent reserved in such lease is payable at 
 periods of less than three months, the time of such notice shall 
 be sufficient, if it be equal to the interval between the days of 
 payment ; and in all cases of neglect nr refusal to pay the rent 
 due on a lease at will, fourteen days' notice to quit, given in 
 writing by the landlord to the tenant, shall be sufficient to de- 
 termine the lease. f p. 412. 
 
 Rent may be recovered in an action of debt ; and the deed of 
 demise, or other instrument in writing, if there be any, show- 
 ing the provisions of the lease, may be used in evidence by 
 either party to prove the amount of rent due from the defend- 
 ant. p. 412. 
 
 All terms for years, when the original lease was for one hun- 
 dred years, or more, and so long as fifty years, or more, of the 
 term remain unexpired, shall be regarded as real estate, so far 
 as concerns the levying of an execution thereon, and all other 
 terms for years shall be seized and sold on execution, in the same 
 manner as personal chattels. p. 5U1. 
 
 Suils must be commenced within three years. ch. 104. p. 628. 
 
 The person, entitled to the possession of the premises, may 
 take, from any justice of the peace, a writ in the form used for 
 an original summons in common civil actions before justices of 
 
 * The ncknowledgmem of deeds shall be by the grantors, or one of tlirin, or 
 by ihe attorney executing the same, before any jubticc of the peuce in 'hU 
 statr. or before nny justice ol the peace, inapittrnu', or notary public, within 
 the United Stales, or in a foreign country; or before nny romniifsioner, ap- 
 pointed tor ihiit purpose by the governor of t)ii rommonwtmhli, or before any 
 minister or coimul of the U. S. in any foreign country. p. 400. 
 
 f A tenant at will, paying by the week, month, or quarter, must give, or 
 receive notice to quit, for the s;ime period of time ; ami ihe expiration of the 
 notice iniiM be nt ihe expiration of the quunei, month, or week. Inhere be a 
 lease for a certain time, no notice U uecoiidury, as the time of termination \ 
 presumed to be known by both parties.
 
 74 MASSACHUSETTS STATUTES. 
 
 the peace, in which the defendant shall be summoned to answer 
 to the complaint of the plaintiff, for that the defendant is in pos- 
 session of the lands or tenements in question, describing them 
 which he holds unlawfully, and against the right of the plain- 
 tiff, as it is said ; and no other declaration shall be required. 
 ch. 104. p. V28. 
 
 The writ shall be served seven days at least before the return 
 day, and the suit shall be conducted like other civil actions be- 
 fore justices of the peace. ib. 
 
 If the defendant shall be 'defaulted, or if on a trial it shall be 
 proved to the satisfaction of the justice, that the plaintiff is en- 
 titled to the possession of the premises, he shall have judgment 
 for the possession thereof, and for his costs, and execution shall 
 issue accordingly. ib. 
 
 Either party may appeal from the judgment of the justice, 
 and the suit shall be thereupon conducted in the same manner, 
 as is prescribed in cases of appeal from justices of the peace in 
 other civil actions. ib. 
 
 If it shall appear by the pleadings or otherwise, in any such 
 suit, that the title to the freehold is brought in question, the case 
 shall, at the request of either party, be transferred to the court 
 of common pleas. ib. 
 
 If the plaintiff shall claim any rent, as due on any lease, 
 whether in writing or otherwise, and if the defendant shall ap- 
 peal, or if the case shall be transferred to the court of common 
 pleas, at his request, he shall recognize to the plaintiff, with 
 sufficient surety or sureties, not only to enter the action, but 
 also to pay all rent then due, and all intervening rent, damages 
 and costs. ib. 
 
 If the case shall be transferred to the court of common pleaa, 
 at the request of the defendant, upon any plea or suggestion by 
 him, that shall bring in question the title to the freehold, and if 
 it shall appear to the court of common pleas, or to the supreme 
 court, in case the action should be there determined, that the 
 defendant originally entered on the premises, under a lease from 
 the plaintiff, or from any person, under whom the plaintiff claims, 
 or that he held them under any such lease, and that his said 
 plea or suggestion was frivolous, and intended for delay, the 
 court shall cause a certificate thereof to be entered on the record, 
 and the defendant shall thereupon be liable to pay double the 
 yearly value of the demised premises, from the time of the notice 
 to quit the same, which may -be recovered of the defendant and 
 his sureties in the recognizance. p. 699. 
 
 Keeping a house of ill fame vacates the lease, at the option 
 of the lessor. p. 270. 
 
 LAWS OF 1847. 
 
 CHAP. 267. SEC. 1. In all cases of neglect or refusal to pay 
 the rent due, according to the terms of any written lease, four- 
 teen days' notice to quit, given in writing by the landlord to the
 
 MASSACHUSETTS STATUTES. 76 
 
 tenant, shall be sufficient to determine the lease ; provided, 
 howeccr, that if the ten;iut shall pay or tender to the landlord 
 the rent due, with interest nnd costs, at any lime before final 
 judgment, under the proceedings provided for in the second 
 section of this act, the lease shall be and continue in full foice : 
 and, provided, also, that nothing herein contained shall affect 
 any other rights or remedies on the part of the lessor, which 
 may be provided for in any written lease. 
 
 SEC. 2. Lessor, or his assigns, in such cases, to recover pos- 
 session in the manner provided for as in cases of forcible entry 
 and detainer. 
 
 LAWS OF 1848. 
 
 CHAP. 142. SEC. 1. Whenever, in any case of forcible entry 
 and detainer, within the meaning of the one hundred and fourth 
 chapter nf4he 11. S., judgment shall be rendered for the com- 
 plainant fur restitution of the premises diMiianded, and the de- 
 <endant sh;ill appeal therefrom, or shall remove the case to the 
 court of common pleas, as provided in the ninth section of said 
 chapter, he shall, before such appeal or removal shall be allowed, 
 recognize to the plaintiff, with sufficient surety or sureties, not 
 only to enter the action, but also to pay all rent then due, and 
 all in ervening rent and costs ; and also to pay all damages and 
 loss which the plaintiff may sustain by reason of the withholding 
 of the possession of the demanded premises, and by reason of 
 any injuiy done thereto during such withholding, together with 
 all costs until the restitution of the possession thereof to the com- 
 plainant, in case the judgment from which the appeal is made 
 shall be affirmed. 
 
 Pin person shall make any entry into lands or tenements, except in 
 tas'S where his entry is allowed by law: and in sur/i cases fie xltall not n.ter iritb 
 forcf , Uni in 'i p- ucinbtt manner The ;>< rson entitled to the jioasrssion nfthe prem- 
 ises tnny takr,Jrom any justice of the peace, a writ in thr /arm v,\erl for an origi- 
 nal tuitmian.* in common civil action* before justices of the peace : wliirli tfiil shali 
 be strvid SliVE.N days at leatt before the return day. Must K. S. p. 628. 
 
 - *s Commimu.-co.llh of Mavsnchusetts. 
 
 To the SherifTof the said Cmiiny of M. or either of hi* Deputies or tin- Con 
 tables of the lovvii of S. \viiiiiii ilie said County, or io any or eitlu-r of them, 
 
 Greeting: 
 
 We command you to summon A. R., of, &o. (Klie may lie found in your 
 prrcincl) to appear before me, 9. H. Ksquire,oneof the justlcru of ihe !>< f> 
 Ihe county iiK.r. aid, n' - , in S. "II the - dav of - nl ten nVluck in the 
 
 - no'in ; tlieii and theit in an-wer to the complaint of C. D. of Ac, lor ihnt 
 Ihe snid A B. on ihe - iliiy of llie ilale hereof, is in possession of, Ac. winch 
 pr-ntiM 1 - lie Isolds unlwful!y, an<! n<r:uii>i the right ofihc plHiniifl'. n.s i -;n.l. as 
 i>h:il! then and there appear. And make return of lhi \vrii, and your doing* 
 therein. Dated the - day of - , A. D. Id5 . S. B., J. of the P. 
 
 RHODE ISLAND. 
 
 SEC. 1. No estate of inheritance or freehold, or for a term 
 exceeding one year, in lands or tenements, shall be conveyed
 
 76 BHODE ISLAND STATUTES. 
 
 from (me to another by deed, unless the same be in writing, 
 signed, sealed, and delivered, by the party making the same, 
 and acknowledged before a senator, judge, justice of the peace, 
 public notary, or town clerk, by the party or parties v ho shall 
 have sealed or delivered it, and recorded, or lodged to be record- 
 ed, in the office of the town clerk of the town where the said 
 lands or tenements do lie. p. 257. 
 
 SEC. 2. All bargains, sales and other conveyances whatso- 
 ever, of any lands, tenements, or hereditaments, whether they 
 be made for passing any estate of freehold or inheritance, or for 
 term of years, exceeding the term of one year, and all deeds 
 of trust and mortgages whatsoever, which thall hereafter be 
 made and executed, shall be void, unless they shall be acknowl- 
 edged and recorded as aforesaid ; provided always, that the 
 same between the parties and their heirs shall nevertheless be 
 valid and binding. p. 257. 
 
 Keeping a house of ill fame makes void the lease at the 
 option of the lessor. p. 392. 
 
 Stc. 1. If any person who shall be seized of any real estate, 
 for the term of his own life, or for the life or lives ol any other 
 person or persons, or as a. tenant for years, shall commit or suf- 
 fer any waste on such estate, he shall forfeit his estate so wasted, 
 and double the amount of the waste so done or suffered ; 10 be re- 
 covered in an action of waste by the person entitled to the next 
 estate in remainder, or reversion, in the place so wasted. p. 186. 
 
 SKC. 2. When complaint shall be formally made in writing, 
 and under oath to any two justices (justice of the s-upreme. and 
 justice of common pleas,) of any unlawful and Ion ilile entry 
 into and detainer ol any lands or tenements, or of any unlawful 
 and forcible detainer of the same alter a peaceable eniry. they 
 shall make out their warrant under their hands and seals, direct- 
 ed to the sheriff of the county, or either of his deputies, com- 
 manding him, &c.,to empanel twelve good and l:u\lul men, 
 to inquire into the forcible detainer complained of. * * * 
 And summons shall be served upon the party complained against, 
 or a copy thereof left at his usual place of ahodr, MX days be- 
 fore the dty appointed for trial. * * * * If the jury shall 
 return their verdict, signed by the whole panel, that the. com- 
 plaint is supported, the justices shall enter up judgment for 
 complainant to t.rtve restitution of the premises, with costs. 
 If the verdict shall be, that the complaint is not supported, the 
 defendant shall recover his costs, and no appeal shall be allow- 
 ed, provided that such complaint be made within three years af- 
 ter such entry or detainer he committed. p. 200-204. 
 
 Each juror to he entitled to one dollar per day, and four centa 
 per mile uoing, and four cents per mile reumiing, from court, 
 to he paid in the first instance by the plaintiff, before the verdict 
 shall be received, and to be taxed in the bill of costs if he re- 
 cover. p. 204.
 
 CONNECTICUT STATUTES. 7? 
 
 CONNECTICUT. 
 
 TITLE 57. SEC. 10. No lease of any house or lands for life, 
 or any term of years exceeding one year, shall be accounted 
 good and effectual in law, to hold such houses and lands against 
 any other person or persons whatever, but the lessor or lessors, 
 and their heirs only, unless such lease be in writing, and sub- 
 scribed by the lessor and attested by two subscribing witnesses, 
 and acknowledged before a justice of the peace, and recorded 
 at length in the records of the town vhere such estate lies. 
 
 TITLE 58. CHAP. 6. SEC. 1. Whenever the owner or lessor 
 of any land, dwelling-house, or other building held under a 
 lease, written or verbal, shall desire to obtain possession of the 
 same at the expiration of the lease, or at any subsequent time 
 he shall give notice to the lessee to quit possession of said land, 
 house, or building, or any apartment of the same, at least thirty 
 days before the expiration of the lease, or before the time when 
 said lessee shall be required to quit possession ; which notice 
 shall be in writing, in the form following, to wit: "I here- 
 by give you notice that you are to quit possession of the land, 
 [house, apartment, store, &c., as the case may be] now occu- 
 pied by you, on or before the [here insert the day, place, date 
 and name.]" Of which notice, duplicate copies shall be made, 
 one of which shall be delivered to the lessee, or left at his 
 place of residence, in the presence of at least one credible wit- 
 ness. And if, at the expiration of the thirty days, the lessee 
 shall neglect or refuse to quit his possession of the premises, 
 any justice of the peace in the town in which the said leased 
 premises shall be situated, shall have power, on complaint of the 
 lessor, or owner, to issue a summons to the lessee, which shall 
 be served at least six days before the time of trial, to appear 
 before him to answer to such complaint : and also, to summon a 
 jury of six disinterested freeholders of the town, to inquire 
 whether the possessor is the lessee of the complainant, and holds 
 over the term of the lease, and whether notice has been given 
 to the lessee according to the provisions of this act, and said 
 lessee holds possession after the expiration of the time therein 
 specified. And in case the jury find these facts in favor of the 
 complainant, the said justice of the peace shall render judg- 
 ment for the complainant to recover possession of the said leased 
 premises with his costs, and issue execution accordingly. But 
 if the defendant shall show to the jury a title in himself, de- 
 rived after the date of the lease from the lessor, or from any 
 other person or persons, or if the jury should not find a lease, 
 a notice given ^and a holding over as aforesaid, the defendant 
 shall recover his costs.* 
 
 In case of forcible entry or detainer, the party ejc-cted, or held out of pos- 
 session, may make complaint to either of the judges of the county court, or to 
 the justice of the peace in the county where such hounes, lands or tenrmer.U 
 are situated, and such judge or justice shall issue a ummous to the party con- 
 
 L tc T 7
 
 78 NEW YORK STATUTES. 
 
 SEC. 2. When any magistrate aforesaid, shall issue a sum- 
 mons for the purpose aforesaid, he shall take of the complain- 
 ant a bond, with sufficient surety to the adverse party, to answer 
 all costs and damages which the defendant may sustain in caso 
 the complainant shall fail to make his plea good. 
 
 NEW YORK. 
 
 Any landlord may recover a reasonable satisfaction for the use 
 and occupation of any lands and tenements by any person under 
 any agreement not made by deed. 2 p. 32. 
 
 Every grant in fee, or of a freehold estate, shall be subscrib- 
 ed and sealed by the person from whom the estate or interest 
 is intended to pass,&c., and if not duly acknowledged, previous 
 to its delivery, its execution and delivery shall be attested by at 
 least one witness or, if not so attested, it shall not take effect 
 as against a purchaser or incumbrance, until so acknowledged, 
 2 p. 22. 
 
 Agreements for the occupation of lands or tenements, in the 
 city of New York, which shall not particularly specify the du- 
 ration of such occupation, shall be deemed valid until the first 
 day of May next after the possession under such agreement 
 shall commence ; and the rent under such agreement shall be 
 payable at the usual quarter days for the payment of rent in the 
 said city, unless otherwise expressed in the agreement. 2 p. 29. 
 
 Every contract for the leasing for a longer period than one 
 year, or for the sale of any lands, or any interest in lands, shall 
 be void unless the contract, or some note, or memorandum 
 thereof expressing the consideration, be in writing, and be sub- 
 scribed by the party by whom the lease or sale is to be made or 
 by some agent lawfully authorized. 2 p. 194. 
 
 Leases, for less than one year [or an assignment or surrender 
 of a term of one year or less,] need not be in writing. 
 
 A lease for three years or longer, must be recorded in the 
 county where the premises are situated, except in the counties 
 of Delaware, Schenectady, Albany, Ulster, Sullivan, Herki- 
 mer, Dutchess and Columbia. 2 p. 47. 
 
 No covenant shall be implied in any conveyance of real es- 
 tate, whether such conveyance contain special covenants or not. 
 2 p. 22. 
 
 plained <>t, and if he do nut appear, shall proceed ia the same manner at if he 
 were present. 
 
 Said judge, or justice, shall then make put a warrant under his hand, to the 
 sheriffof the county, or his deputy, or either of the constables of the town 
 where the injury complained of was done, commanding him to summon a jury 
 of six men to try the case. No appeal is allowed from the judgment of such 
 
 {'udge or justice. No action fur forcible entry or detainer can be brought, lin- 
 es* within six months after making the entry. 
 
 The pany aggrieved may recover treble damages and costs of suit, by ac- 
 tion of trespass against the defendant, or defendants, if it be found by verdict 
 of the jury, or otherwise in due form of law, that he, or they, entered into 
 houses, lauds, or tenements, by force, or after entry, held the same by force.- 
 1 R. 142 j 6 C. R bO
 
 NEW YORK STATUTES. 79 
 
 If any lease be surrendered in order to be renewed, and a new 
 lease be made by the chief landlord, such new lease shall bt 
 good and valid to all intents and purposes, without a surrender 
 of all or any of the under leases derived out of such original 
 lease so surrendered ; and the chief landlord, his lessee, and 
 holders of under leases, shall enjoy all their rights and interests 
 in the same manner and to the same extent as if the original 
 lease had been still continued, &c. 2 p. 29. 
 
 Wherever there is a tenancy at will, or by sufferance, created 
 by the tenant's holding over his term, or otherwise, the same 
 may be terminated by the landlord's giving one month's notice 
 in writing to the tenant, requiring him to remove therefrom. 
 2 p. 30. 
 
 Such notice shall be served by delivering the same to such 
 tenant, or to some person of proper age residing on the premi- 
 ses ; or, if the tenant cannot be found, and there be no such 
 person "residing on the premises, such notice may be served by 
 affixing the same on a conspicuous part of the premises. ib. 
 
 At the expiration of one month from the service, the land- 
 lord may re-enter or maintain ejectment, or proceed by law to 
 remove such tenant, without any further or other notice to 
 quit. ib. 
 
 If a tenant shall give notice of his intention to quit the prem- 
 ises, and shall not deliver up the possession thereof at the time 
 in such notice specified, he shall from thenceforward pay double 
 the rent which he should otherwise have paid, and for so long a 
 time as he shall continue in possession. ib. 
 
 If any tenant for life or years shall wilfully hold over any 
 lands or tenements after the termination of such term, and after 
 demand made and one month's notice in writing, given in the 
 manner hereinbefore prescribed, requiring the possession there- 
 of by the person entitled thereto, such person so holding over 
 shall pay double the yearly value of the lands or tenements so 
 detained, for so long a time as he shall hold over ; and shall 
 also pay all special damages whatever. ib. 
 
 Any tenant or lessee, who shall remove his goods, either be- 
 fore or after any rent snail-become due, for the purpose of avoid- 
 ing payment, and every person who shall knowingly assist such 
 tenant in such removal, or in concealing the goods so removed, 
 shall forfeit to the landlord double their value. 2 p. 31. 
 
 Any person having any rent due upon a lease for life, or lives, 
 may have the same remedy to recover such arrears, by action of 
 debt, as if such lease were for years. 2 p. 32. 
 
 When a tenant for life, who shall have demised any lands, 
 shall die on or after the day when any rent became due and pay- 
 able, his executors, or administrators may recover from the 
 under tenant the whole rent due ; if he die before the day, &c., 
 they may recover the proportion which accrued before his 
 death. ib.
 
 bO NEW YORK STATUTES. 
 
 When any certain services, or certain rent reserved out ol 
 any lands or tenements, shall not be paid or rendered when 
 due, the persons entitled thereto may distrain for the same. 
 2 p. 31. 
 
 Every tenant upon whom a declaration in ejectment, or any 
 other process, proceeding, or notice of any proceeding, to recover 
 the land occupied by him, or the possession thereof, shall be 
 served, shall forthwith give notice thereof to his landlord, under 
 the penalty of forfeiting three years' rent of the premises, &c. 
 2 p. 32. 
 
 Whenever any half year's rent, or more, shall be in arrear 
 from any tenant to a landlord, if the landlord has a subsisting 
 right by law to re-enter for the non-payment of such rent, he 
 may bring an action of ejectment for the recovery of the posses- 
 sion of the premises ; and the service of the declaration therein 
 shall be deemed, and stand instead of a demand of rent in arrear, 
 and of a re-entry on the demised premises. 2 p. 597. 
 
 If upon the trial of the cause, it shall be proved, or upor 
 judgment by default, against the defendant, that the landlord 
 had a right to commence such action, he shall recover possession 
 of the premises and his costs. ib. 
 
 If before judgment, the tenant mahe a tender to the landlord, 
 or bring into the court where the suit shall be pending, all the 
 rent in arrear, at the time of such payment, and all costs and 
 charges incurred by the lessor, all further proceedings in the 
 said cause shall cease. ib. 
 
 ' At any time within six months after the landlord has taken 
 possession of the premises, under any execution issued upon a 
 judgment obtained by him, in any such action of ejectment, the 
 lessee, his assigns or personal representatives, may pay or ten- 
 der to the lessor, &c., or into the court where the suit shall be 
 pending, all the rent in arrear, and all costs and charges incur- 
 red by the. lessor ; all further proceedings in the cause shall 
 cease, and such premises shall be restored to the tenant, to en- 
 joy according to the terms of the original lease. ib. 
 
 If the rent and costs remain unpaid for six months after exe- 
 cution issued upon any judgment in ejectment shall have been 
 executed, the lessee, &c., shall be barred from all reliefer rem- 
 edy in law or equity, and the landlord shall hold the premises, 
 ib. 
 
 The lessee may, within six months after execution is execu- 
 ted, file his bill for relief in a court of equity, and if relieved 
 by court shall again hold and enjoy the premises. ib. 
 
 If the lessor shall have entered into the actual possession of 
 the demised premises, the court may direct that so much, and 
 no more, as he shall really have made of the said premises dur 
 ing the possession thereof, or as he might, without wilful ne- 
 gleet, have made of them, be deducted from the amount of the 
 rent in arrear to such lessor, and the costs of such ejectment ;
 
 NEW YORK STATUTES. 81 
 
 and the complainant shall be required to pay the balance, be- 
 fore he shall be restored to the possession of the said premi- 
 eea. ib. 
 
 No entry shall be made into any lands or other possessions, 
 but in cases where entry is given by law ; and in such case only 
 in a peaceable manner, not with strong hand, nor with multitude 
 of people. 2 p. 599. 
 
 Where any such forcible entry is made, or peaceable entry, 
 and the possession held by force, the person so forcibly put out, 
 may be restored by making complaint in writing, with the affi- 
 davit, to the judge of the county courts of the same county. 
 tb. 
 
 If any person be ejected or put out of any lands or tenement, 
 in a forcible manner, or being put out, be afterwards holden 
 and kept out by force, or with strong hand, he shall be enti- 
 tled to maintain an action of trespass and shall recover therein 
 treble damages. 2 p. 432. 
 
 If any tenent, being in arrear for rent, shall desert the de- 
 mised premises, and leave the same without sufficient goods 
 thereon to satisfy the arrears of rent, any justice of the peace, 
 &c. may, at the request of the landlord, and upon proof, &c., 
 go upon and view said premises, and upon being satisfied that 
 the premises have been so deserted, affix a notice in writing 
 upon a conspicuous part of the premises, requiring the tenant 
 to appear and pay the rent due, at some time in said notice spe- 
 cified, not less than five nor more than twenty days after the 
 date thereof. 2. p. 603. 
 
 If at or within that time the tenant appear and deny that any 
 rent is due, the proceedings shall cease. But if the tenant, or 
 some one for him, shall not appear and pay the rent in arrear, 
 and there shall not be sufficient distress on the premises, then 
 such justice may put the landlord into possession, and the lease 
 shall thenceforth become void. An appeal from the proceed- 
 ings may be made by the tenant, within three months after pos- 
 session is delivered. ib. 
 
 Any tenant may be removed from any premises by any judge 
 of the County Courts of the county, or by any mayor or record- 
 er of the city where such premises are situated ; or if in the 
 city of New York by the mayor, recorder, any one of the alder- 
 men, special justice, justice of the Marine Court, or any one of , 
 the assistant justices of the said city, in the manner hereafter , 
 prescribed, in the following cases : 
 
 1. " Where such tenant shall hold over and continue in pos- 
 session of the demised premises, or any part thereof, after the 
 expiration of his term, without the permission of the landlord. 
 
 2. " Where he holds over without permission, after default 
 in the payment of rent, &c. and a demand has been made of 
 the rent, and three days' notice in writing, requiring the pay- 
 ment of such rent, or the possession of the premises shall have 
 
 L te T 7*
 
 82 NEW YORK STATUTES. 
 
 been served by the person entitled to such rent, on the person 
 owing the same, in the manner prescribed for the service of the 
 summons : which summons shall be served, either by delivering 
 to the tenant to whom it shall be directed, a true copy thereof, 
 and at the same time showing the original : or, if such tenant 
 be absent from his last or usual place of residence, by leaving a 
 copy thereof at such place, with some person of mature age, 
 residing on the premises. 
 
 3. " Where the tenant or lessee of a term of three years or less, 
 has taken the benefit of any insolvent act, or been discharged 
 under any act for the relief of his person from imprisonment. 
 
 4. " Where he holds over, and continues in possession of any 
 real estate which has been sold under an execution against him, 
 after a title to such sale has been perfected. [But no tenant 
 under the second above subdivision can be so removed, where 
 the unexpired term of his lease exceeds five years ; in such 
 case the landlord's remedy is by ejectment.] Any landlord 
 may make oath in writing of the foregoing facts, describing the 
 premises, and present it to one of the officers above named, 
 whose duty it is thereupon, to issue his summons." 2 p. 604. 
 
 The lessee of any lands shall have the same remedy by ac- 
 tion or otherwise, against the lessor, for the breach of any cov- 
 enant or agreement in such lease, as such lessee might have 
 had against the lessor, except covenants against incumbrances, 
 or relating to the title or possession of the premises demised. 
 2 p. 32. 
 
 When double or treble costs shall be awarded to any defend- 
 ant, the same shall be deemed to belong to such defendant ; and 
 the counsellors, attorneys, and other officers, witnesses and ju- 
 rors in such action, shall be entitled to receive only the single 
 costs allowed by law for their services. 2 p. 708. 
 
 Keeping a house of ill-fame vacates the house at the option 
 of the landlord. 
 
 LAWS OP 1846 AND 1847. 
 
 CHAP. 159. SEC. 1. No bill of exceptions hereafter to be 
 taken on the part of the defendant, in any action of ejectment 
 shall stay the proceedings therein for more than thirty days after 
 the settlement of such bill, unless the party taking the same, 
 ahull, within that time, procure the judge who presided at the 
 trial of the cause, or a justice of the snpreme court, to certify 
 on such bill, that he has read and examined the same, and that 
 there is probable cause for staying the proceedings in the suit 
 in which such bill of exceptions was taken, and serve a copy of 
 such certificate on the attorney of the opposite party. 
 
 CHAP. 274. SEC. 1. Distress for rent is hereby abolished. 
 
 SEC. 2. The twelfth, thirteenth, fourteenth, fifteenth, six- 
 teenth and seventeenth sections of the fourth title of the first 
 chapter of the second part of the Revised Statutes are hereby 
 repealed,
 
 NEW JERSEY STATUTES. 83 
 
 SEC. 3. Whenever the right of re-entry is reserved and given 
 to a grantor or lessor, in any grant or lease, in default of a suffi- 
 ciency of goods and chattels whereon to distrain for the satis- 
 faction of any rent due, such re-entry may be made at any time 
 after default in the payment of such rent, provided fifteen days' 
 previous notice of such intention to re-enter, in writing, be given 
 by such grantor or lessor, or his heirs or assigns, to the grantee 
 or lessee, his heirs, executors, administrators or assigns, not- 
 withstanding there may be a sufficiency of goods and chattels 
 on the lands granted or demised for the satisfaction thereof. 
 The said notice may be served personally on such grantee or 
 lessee, or by leaving it at his dwelling-house on the premises. 
 
 NEW JERSEY. 
 
 The Revised Statutes of New Jersey provide that any per- 
 son, or persons having rent in arrear, or due upon a lease for 
 life or lives, may bring an action or actions for debt lor such ar- 
 rears of rent in the same manner as they might have done in 
 case such rent was reserved and due upon a lease for years. 
 p. 85. 
 
 That where any tenant for life shall happen to die before, or 
 on the day on which any rent was made payable, on any lease 
 of lands or tenements, the executors, or administrators of such 
 tenant shall recover of the under-tenant, or tenants, the whole, 
 or such proportion of the rent as was due on the decease of the 
 tenant. ib. 
 
 Where the agreement is not by deed, the landlord, his heirs, 
 or assigns may, nevertheless, recover a reasonable satisfaction 
 for the lands or tenements occupied. ib. 
 
 Landlord has a lien for rent on the goods and chattels on the 
 premises ; provided said arrears of rent do not amount to more 
 than one year's rent. In case they do, then by paying landlord 
 one year's rent the party may proceed to execute his process, 
 as though the act had not been passed. 
 
 Tenant liable for holding premises after expiration of lease, 
 and demand of possession made, to pay landlord double rent.' 
 
 In case half a year's rent is in arrear, the landlord has power 
 to enter and eject the tenant ; and in case said lessee suffer 
 judgment on said ejectment, he shall be forever barred and fore- 
 closed from all relief in law or equity ; but the mortgagee of 
 such lease, who shall not be in possession, may, within six cal- 
 endar months after such judgment, redeem such lease. 
 
 In case premises are deserted without payment of rent, two 
 justices of the peace may put landlord in possession in the space 
 of fourteen days, and declare the lease void. Proceedings of 
 said justices to be examinable in a summary way by the justices 
 of the Supreme Court. 
 
 TITLE 4, CHAP. 7, SEC. 17. In all cases where any tenant is, 
 or may be entitled by law, to notice to quit the premises, by him
 
 84 NEW JERSEY STATUTES. 
 
 holden, in order to determine his tenancy, three months' notice 
 to quit, as aforesaid, shall be deemed and taken to be sufficient. 
 
 TITLE 17, CHAP. 1, SEC. 10. No leases, estates, or inter- 
 ests, or term, or terms of year or years, or any uncertain in- 
 terest, of, in, to, or out of any messuages, lands, tenements, or 
 hereditaments, shall, at any time, hereafter, be assigned, grant- 
 ed, or surrendered, unless it be by deed or note in writing, 
 signed by the party so assigning, granting, or surrendering the 
 same, or his, her, or their agent, or agents, thereunto lawfully 
 authorized by writing, or by act and operation of law. 
 
 According to the Revised Statutes of New Jersey, the gran- 
 tees of lands, or of reversions, enjoy the same benefits as the 
 original lessors. 
 
 The lessees of lands also have the same advantages against 
 the grantees of reversions as against the original lessors. 
 
 In case of an action of ejectment brought against the tenant 
 by the landlord, for non-payment of rent, if the tenant or ten- 
 ants, his, her or their assignee or assignees, do or shall, at any 
 time before the trial in such ejectment, pay, or tender to the 
 lessor or landlord, his or her executors or administrators, or his, 
 her, or their attorney, in that cause, or pay into the court where 
 the same cause is or shall be depending, all the rent and arrears, 
 together with the costs, then, and in such case, all further pro- 
 ceedings on the said ejectment shall cease, and be discontinued. 
 
 Forcible entries and detainers are cognizable by justices of 
 the peace, and triable by a jury. Summons to be served six 
 days before day of appearance therein mentioned, judgment, 
 restitution, and treble costs, if jury find party guilty. 
 
 If jury find against the said complainant, the said justice shall 
 give judgment accordingly, with costs, and issue execution 
 against the goods and chattels, and in want thereof, against the 
 body of the said complainant. 
 
 LAWS OP NEW JERSEY 1847. 
 
 Any tenant or lessee at will, or at sufferance, or for part of a 
 year, or for one or more years, of any houses, lands or tene- 
 ments, and the assignees, under-tenants, or legal representatives 
 of such tenant or lessee, may be removed from such premises 
 by any justice of the peace of the county where such premises 
 are situated, in the manner hereinafter prescribed in the follow- 
 ing cases : 
 
 1. Where such persons shall hold over and continue in pos- 
 session of the demised premises, or any part thereof, after the 
 expiration of his or her term, and after demand made, and no- 
 tice in writing given, for delivering the possession thereof, by 
 the landlord or his agent for that purpose. 
 
 2. Where such persons shall hold over after any default in 
 the payment of the rent, pursuant to the agreement under which 
 such premises are held, and satisfaction for such rent cannot be
 
 PENNSYLVANIA STATUTES. 85 
 
 obtained by distress of any goods, and a demand of such rent 
 shall have been made by three days' notice in writing, requiring 
 the payment of such rent, or the possession of the premises, 
 shall have been served by the person entitled to such rent, upon 
 the person owing the same. 
 
 Any landlord or lessor, his legal representatives, agents or 
 assigns, may make oath in writing of the facts which, according 
 to the preceding section, authorize the removal of a tenant, 
 describing therein the premises claimed, and may present the 
 same to any justice of the peace of the county where the prem- 
 ises are situated. 
 
 3. On receiving and filing such affidavit, such justice shall 
 issue a summons, describing the premises of which possession 
 is claimed, and requiring any person in possession of said prem- 
 ises, or claiming the possession thereof, forthwith to remove 
 from the same, or to show cause before the said justice, at a cer- 
 tain place and time therein to be specified, not less than five, nor 
 more than fifteen days, from the date of such summons, why 
 possession of such premises should not be delivered to such 
 claimant. 
 
 4. Previous to issuing such summons in a case of tenancy at 
 will, or at sufferance, or from year to year, the justice shall be 
 satisfied by due proof, that such tenancy has been terminated 
 by giving notice in the manner prescribed by law. 
 
 &. The summon? shall be served in the manner prescribed by 
 the act constituting courts for the trial of small causes ; the 
 suit may be adjourned, and either party may demand and have 
 a trial by jury of six men, according to the provisions of said 
 act. 
 
 6. If, at the time appointed in the said summons, or at the 
 time to which said suit may be adjourned, no sufficient cause be 
 shown to the contrary, and it shall appear to the said justice, or 
 jury, that the summons has been duly served, the said justice 
 shall issue his warrant to any constable of the county, or mar- 
 shal of the city or town, in which the premises are situated, 
 commanding him to remove all persons from the said premises, 
 and to put the said claimant into the full possession thereof, and 
 to levy and make the costs out of the goods and chattels of such 
 person or persons in possession. 
 
 7. The proceeding had by virtue of this act, shall not be ap- 
 pealed from, or removed by certiorari; but the landlord shall 
 remain liable in an action of trespass for any unlawful proceed- 
 ings under this act. 
 
 PENNSYLVANIA. 
 
 No leases for a greater length of time than three years are 
 valid, unless in writing, &c. 
 
 If lessee holds over beyond the termination of his lease, the 
 lessor may complain thereof, to any two justices of the city,
 
 86 PENNSYLVANIA STATUTES. 
 
 town, or county, where the demised premises are* situated, and 
 the lessee will be summoned to show cause why the leased 
 premises should not be given up to the lessor.* 
 
 Any person, or persons having rent in arrear or due upon 
 any lease for life, or lives, or for one or more years, or at will, 
 may distrain for the same after the determination of the said 
 respective leases, provided, that such distress be made during 
 the continuance of such lessor's title, or interest. General 
 Laws, page 74. 
 
 If any lessee for term of years, in the city and county of 
 Philadelphia, shall remove from any demised premises without 
 leaving sufficient property to secure the payment of at least 
 three months' rent, or shall refuse to give security for the pay- 
 ment thereof, in five days after demand of the same, and shall 
 refuse to deliver possession of such premises, the landlord or 
 lessor may apply to any two aldermen, or justices of the peace 
 within the city or county of Philadelphia, and make affidavit or 
 affirmation of the fact, and thereupon the said aldermen or jus- 
 tices of the peace shall forthwith issue their precepts to any 
 constable in the city or county, commanding him to summon 
 such lessee to answer to such complaint on a day certain not 
 exceeding eight nor less than five days ; and if it shall appear 
 that such lessee has removed from the premises without leaving 
 sufficient goods and chattels to pay the rent, or given security 
 for such payment, or has refused to deliver up possession of the 
 demised premises, they shall enter judgment against such les- 
 see, and the premises shall be delivered up to the lessor forth- 
 with. Provided, always, that at any time before such writ of 
 possession is actually executed, the lessee may render the said 
 writ of non-effect by paying to the said constable for the use of 
 the said lessor, the rent actually due and in arrear, and the costs 
 of the proceeding, of all of which doings the said constable shall 
 make return to the said aldermen or justices, within ten days 
 after receiving of the said writ. And provided, further, that no 
 writ of possession shall be issued by the said aldermen, or jus 
 tices for five days after the rendition of judgment, and if within 
 the said five days the tenant shall recognize for the rent and the 
 costs that have and may accrue, up to the time of the final judg- 
 ment, then the tenant shall be entitled to an appeal to the next 
 court of common pleas. And provided, further, that nothing 
 herein contained shall prevent the issue of a certiorari with the 
 usual form and effect. General Laws, page 381. 
 
 The goods and chattels being in or upon any messuage lands 
 or tenements, which are or shall be demised for life or years, or 
 
 * The affidavit of the landlord i sufficient to found the proceedings on. 4, 
 TF. S. 120, act 3. S. If R. 102. 
 
 There must be sufficient time allowed to procure witnesses, or the proceed* 
 ings will be quashed. 1 Yeatet, 49. 
 
 That the term is fully ended must appear in the proceedings, or they are de- 
 fective.-:' S. fr R. 490.
 
 MARYLAND STATUTES. 87 
 
 otherwise taken by virtue of an execution and liable to the dis- 
 tress of the landlord, shall be liable for the payment of any sums 
 of money due for rent at the time of taking such goods in execu- 
 tion. Provided, that such rent shall not exceed one year's rent.* 
 Officers selling, shall first pay rent and afterwards apply sur- 
 plus to the execution, deducting so much for costs as he would 
 be liable to pay iu case of a sale under distress. General 
 Laws, page 734 . 
 
 MARYLAND. 
 
 All removals of personal property owned by tenants and re- 
 moved by them or their order from the premises, when rent 
 shall be due, or about to become- due', if removed within thirty 
 days before the rent will become due, shall be considered a clan- 
 destine removal, and the property may be followed and dis- 
 trained in the same manner as if it were found on the premises 
 rented, if not sold to a bonafide purchaser without notice. 1 
 Laws of Maryland, 919. (1626, ch. 266.) 
 
 Costs of distress made by constables to be borne by tenant. 
 
 1 Ibid. 769. (1821, ch. 162.) No spinning wheel or loom, 
 which shall be loaned or hired out to any person, shall be seized 
 or taken by distress, for any house rent or debt due by such 
 person. 1 Ibid. 621. (1813, ch. 135.) 
 
 Where lands are rented for a portion of the crop, the produce 
 cannot be sold by sheriff or other officer, by virtue of any process 
 issued against the tenant, so as to deprive the landlord of his 
 share ; but it must be sold subject to the claim of the landlord.* 
 
 2 Ibid. 1021. (1831, ch. 171.) 
 
 If the tenant fails to deliver to the landlord his share of the 
 crops, according to agreement, the landlord may levy a distress 
 for the same, the value of his share in money being ascertained 
 by two disinterested persons sworn as appraisers. The tenant 
 has his election at any time before the property distrained is sold 
 under such distraint, to deliver the rent, if grain, a portion of the 
 crops, to the landlord, or to pay him the said estimated value, 
 together in both cases, with the expenses of said distraint ; 
 whereupon all proceedings shall cease. The right to replevin 
 the property distrained is also reserved to the tenant. 2 Ibid. 
 102. (1831,ch. 171.) 
 
 Landlords before making distress for rent due must make 
 oath, before some justice of the peace in the county where pre- 
 mises lie, or where the landlord or his agent resides, ol the 
 amount of money or quantity of produce due, and what, if any, 
 credits have been given. 2 Ibid. 1141. (1834, ch. 1U2.) 
 
 * If the landlord has distrained for pan of thU year's rent, and the good* hart 
 been replevied, he can only claim the rent accruing subsequent to the distress 
 4 Watte 42. 
 
 The widow holding an interest in the land of her deceased husband under 
 the imestate law, is entitled to be paid one year's arrears. 2 Milts 69.
 
 88 SOUTH CAROLINA STATUTES. 
 
 When landlord gives notice to sheriff or constable about to 
 sell goods of his tenant that rent is due him, he must append to 
 such notice or claim an affidavit of the amount of the rent 
 claimed to be due. Ibid. $ 2. 
 
 Every warrant authorizing any bailiff to levy a distress for 
 rent, must have appended an account of the money claimed to 
 be due and in arrear, or the quantity of produce due, and an affi- 
 davit thereon. Ibid. $ 3. 
 
 In case of distress tor rent the officer cannot summon more 
 than two appraisers of property distrained, and the compensation 
 of the officer for summoning and swearing each appraiser shall 
 be twenty cents, and the compensation of each appraiser thirty 
 cents. Ibid. $ 4. 
 
 All claims for rent in arrear, against deceased persons, for 
 which distress may be levied by law, after the death of the 
 deceased, shall have preference over all other claims, except 
 such as now have preference over claims for rent in arrear, without 
 the levying of distress therefor. 2 Ibid. 1237. (I836,ch. 192 ) 
 
 Where tenants having power to determine their leases upon 
 notice, hold the premises after the time they notify for quitting 
 them, they are liable to pay double rent. 2 Ibid. 578. 
 
 Rents may be recovered from under tenants, where tenants 
 for life die before rent is payable. 2 Ibid. 577. 
 
 Landlords may distrain and sell goods fraudulently carried off 
 the premises, within thirty days from such carrying off, unless 
 they have been sold to a person having no knowledge of the 
 iraud. Landlords may break open houses to seize goods fraud- 
 ulently secured therein. 2 Ibid. 573. 
 
 Landlords may distrain'stock or cattle on the premises for ar- 
 rears of rent ; also take and seize all sorts of corn and grass, 
 hops, roots, fruits, pulse, or other product whatsoever glowing 
 on any part of the premises, and the same cut, gather, make, 
 cure, carry, and lay up, when ripe, in the barns or other proper 
 place on the premises ; and for want of such places, then in any 
 other barn or proper place which such landlords may procure as 
 near as may be to the premises, and in convenient time to ap- 
 praise, sell, or otherwise dispose of the same, towards satisfac- 
 tion of the rent for which they are taken ; the appraisement to 
 be made when cut, gathered, cured, and made, and not before. 
 2 Ibid. 574. Tenants to have notice of the place where the 
 distress is lodged within a week after the lodging thereof. 2 
 Ibid. 574. 
 
 Distress of ccrn or other products, above enumerated, to cease 
 if rent be paid before it is cut. Ibid. 
 
 SOUTH CAROLINA. 
 
 At the end of a written lease, where a demand of possession 
 has been made in writing and refused, in ten days, two justices 
 of the peace may cause a jury to be summoned, and the panics
 
 LOUISIANA STATUTES. 89 
 
 to appear before them, and the tenant to show cause why the 
 lessor should not be put in possession . If the lessor prevails, 
 the justices issue their warrant commanding the sheriff forth- 
 with to put the lessor in possession of the premises, and levy 
 the expenses on the tenant. Sheriff must, within ten days after 
 receiving the warrant, put the lessor in possession, and for that 
 purpose may break open doors if resisted. 5 vol. Statutes, 
 676; 6 Ibid. 68. 
 
 Tenant not to make alterations or remove buildings erected 
 upon the leased premises without permission first had in writing, 
 under pain of forfeiting the residue of the lease ; forfeiture to 
 be ascertained by justice of the peace or of the quorum, with 
 juries as stated above for the removal of lessee. 6 Ibid. 68. 
 
 No verbal lease can give a right of possession for a longer 
 term than one year from the time of entering on the premises, 
 and all such cases shall be understood to be for one year, unless 
 it be stipulated to be for a shorter term. 6 Ibid. 67. 
 
 Every lease or written agreement, for renting of lands and 
 tenements, absolutely ends at the period therein stated, and 
 neither landlord nor tenant is bound to give notice. 6 Ibid. 67. 
 
 No payment made in anticipation of rent, for a longer period 
 than twelve months, shall be considered a valid discount against 
 the claims of third persons 6 Ibid. 67. 
 
 No written lease for a longer period than twelve months ia 
 valid against the claims of third persons, unless recorded in the 
 office of the register of mense conveyances, at least within three 
 months from the execution. 6 Ibid. 67. 
 
 LOUISIANA. 
 
 If the renting of a house or other edifice, or of an apartment, 
 has been made without fixing its duration, the lease shall be 
 considered to have been made by the month. In such case, the 
 party desiring to put an end to it, must give notice in writing 
 to the other, at least fifteen days before the expiration of the 
 month which has begun to run. 
 
 If the tenant of a house or room continues in possession a 
 week after his lease expires, without any opposition by the les- 
 sor, the lease is presumed to continue, and he cannot be 
 removed without receiving the fifteen days' notice referred 
 to above. 
 
 If no time is specified in the lease of a farm, it is presumed 
 to be for a year. If, after the lease of a farm has expired, the 
 farmer remains in possession for a month, without any step 
 having been taken by the lessor, or a new lessee, to cause him 
 to deliver up the possession of the estate, the former lease shall 
 continue, with all its clauses and conditions, for one year from 
 its expiration. 
 
 When notice has been given, the tenant, though remaining, 
 cannot pretend that the lease has been tacitly renewed. 
 
 LfcT 8
 
 90 LOUISIANA STATUTES. 
 
 Landlord. The lessor is bound to deliver the thing leased 
 to the lessee, to maintain it in a condition such as to serve the 
 use for which it was hired, to secure the lessee in the peacea- 
 ble possession of it during the term, to deliver the thing in 
 good condition and free from any repairs. 
 
 The lessor ought to make, during the term, all the repairs 
 which may accidentally become necessary ; except such as the 
 tenant is bound to make, which will be hereafter stated. If the 
 lessor fails to make such necessary repairs, upon being called 
 on by the lessee, the lessee may cause the repairs, if indispen- 
 sable, to be made, and deduct the price, if just and reasonable, 
 from the rent due* 
 
 The lessor guarantees the lessee against all the vices and de- 
 fects of the thing, which may prevent its use, even though the 
 lessor was ignorant of their existence at the time the lease was 
 made, and even if they have arisen since without the fault of 
 the lessee ; and if the lessee suffer loss from the defect, the 
 lessor must indemnify him. 
 
 If the lessee be evicted, the lessor is answerable for the dam- 
 age and loss which he sustains by the interruption of the lease. 
 If the thing be totally destroyed by an unforeseen event, or 
 be taken for purposes of public utility, the lease is at an end. 
 If it be only destroyed in part, the lessee may demand a dimi- 
 nution of the rent, or a revocation of the lease. In neither case 
 has he any claim for damages. 
 
 The lessor cannot make any alteration in the premises during 
 the lease. 
 
 If, without fault of the lessor, the premises cease to be fit for 
 the purpose for which it was leased, or if its use be much im- 
 peded, as if a neighbor, by raising his walls, intercepts the light 
 of the house, the lessee may, according to circumstances, ob- 
 tain the annulment of the lease, but has no claim for indemnity. 
 
 The lessee, unless the contrary is stipulated, is to pay the 
 taxes, rents, and other real charges. 
 
 The lessor is not bound to guarantee the lessee against dis- 
 turbance caused by persons not claiming any right of action lor 
 damage sustained against the person causing it. 
 
 If the person committing the acts of disturbance, pretend to 
 have a right to the thing leased, or if the lessee is cited to ap- 
 pear before a court to answer to the complaint of the persons 
 thus claiming the whole or a part of the thing leased, or claim- 
 ing some species of services on the same, he shall call the lessor 
 in warranty, and shall be dismissed from the suit, if he wishes. 
 it, by naming the person under whose right he possesses. 
 
 The lessor has for the payment of rent, and other obligations 
 of the lease, a right of pledge on the moveable effects of the les- 
 see, which are found on the property leased. In the case of 
 farm estates, this right embraces every thing'that serves for the 
 abors of the farm, the furniture of the lessee's house, and the
 
 LOUISIANA STATUTES. 91 
 
 fruits produced during the lease of the land ; and in the case of 
 houses and other edifices, it includes the furniture of the lessee, 
 and the merchandize contained in the house, or apartment, if it 
 be a store or shop. This right also extends to the effects of the 
 under-tenant, so far as he is indebted to the principal lessee at 
 the time ; and a payment made by the under-tenant to his prin- 
 cipal, in anticipation, does not release him from the owner's 
 claim. 
 
 This right affects the movables of third persons, when their 
 goods are contained in the place by their own consent ; but it is 
 not so when the movables are only accidentally or, transiently 
 in the building as baggage in an inn, or goods in a workshop 
 to be made up or repaired, or in an auction-room to be sold. 
 
 The lessor may seize the movables before the lessee takes 
 them away, or within fifteen days after they are taken away, 
 if they continue the property of the lessee, and can be identified. 
 
 Tenant. The lessee is bound to use the thing as was intend- 
 ed by the lease. And if he makes another use of it, and the 
 lessor is injured thereby, he may obtain the dissolution of the 
 lease ; and the lessee shall, in such case, pay the rent until the 
 thing is again leased, and all damage sustained by the owner 
 from his misuse. 
 
 The lessee is bound to pay rent at the terms agreed on, and 
 he may be expelled if he fails to pay it when due. 
 
 If the lessee remains after he has had the notice required by 
 law, to quit, he may be summoned before a justice of the peace, 
 and condemned to depart ; and if he fails to obey within three 
 days after notice of judgment, the justice may order him to be 
 expelled, and his property removed by the constable at his ex- 
 pense. 
 
 The constable may force the doors and windows if shut, and 
 seize and sell such portion of the lessee's effects as may be 
 necessary to pay costs. 
 
 If, in the lease of a farm, the premises are stated to be of 
 greater extent than they are, the lessee may claim an abatement 
 in the rent. 
 
 If an inventory is made at the time of the lease, stating the 
 condition of the things leased, the lessee must return the things 
 in the same condition, reasonable wear and tear and unavoidable 
 accidents excepted. If no inventory be taken, then the things 
 are supposed to have been delivered in good order, and must be 
 so returned, wear and tear and unavoidable accidents excepted. 
 
 The lessee is only liable for losses and injuries occasioned by 
 his own fault, or that of the members of his family, or his sub- 
 lessees. He is liable for loss by fire only when it is occasioned 
 by the fault of himself or his family. 
 
 The farmer must prevent encroachments, and in case of any, 
 must inform his landlord, otherwise he will be liable in 
 damages.
 
 92 LOUISIANA STATUTES. 
 
 If a slave become sick, or run away, he must notify the own- 
 er, or he will be liable. 
 
 The lessee may assign or underlet the premises, unless the 
 contrary is expressly stipulated. 
 
 The lessee may remove improvements and additions made by 
 him, provided he leaves the premises in the state he received 
 them ; but if they are made with lime and cement, the lessor 
 may retain them on paying a fair price. 
 
 Repairs. The lessee is bound to make such repairs as it be- 
 comes necessary to make to the hearth, chimney-backs, and 
 chimney-casings, to the plastering of the lower part of interior 
 walls, to the pavement of rooms, when it is partially broken, 
 but not when it is in a state of decay, for replacing window- 
 glass accidentally broken, but not when broken in the greatest 
 part by a hail storm, or other inevitable accident, to windows, 
 shutters, partitions, locks, and hinges, and things of that de- 
 scription, according to the custom of the place. 
 
 The cost of repairs made necessary by unforeseen events or 
 decay, must be borne by the lessor, though such repairs are of 
 the nature of those usually done by the lessee. 
 
 The cleaning of wells and privies shall be at the expense of 
 the lessor. 
 
 If during the lease the premises want repairs, and those re- 
 pairs cannot be postponed until the lease expires, the tenant 
 must suffer such repairs to be made, whatever may be the in- 
 convenience to which he is subjected thereby. But ifsuch re- 
 pairs continue for more than one month, the price of the rent 
 shall be lessened in proportion to the time occupied in repairing, 
 and to the parts of the tenement of the use of which he has been 
 deprived. And the whole rent is to be remitted, if the tenant is 
 obliged to leave the house or the room, and take another house, 
 while the repairs are being made. 
 
 Dissolution of the Lease. The lease may be dissolved by the 
 destruction of the premises ; by the neglect of either party to 
 fulfil their engagements ; but not by the death of the lessor or 
 the lessee ; nor by the sale of the premises by the lessor ; for 
 the purchaser cannot turn out the tenant, unless the contrary is 
 stipulated in the lease. 
 
 If it was agreed that in case the lessor sold during the term, 
 the purchaser might take immediate possession, and if no indem- 
 nification had been stipulated, then the lessor shall pay the 
 evicted lessee ; if the thing leased be a house, shop or room, 
 a sum equal to the rent for the time a tenant of such premises 
 is entitled to notice, which is, as we have seen, at least fifteen 
 days before the end of the month which has begun to run ; if it 
 be a farmer that is evicted, the indemnification to be paid him 
 by the lessor is one-third of the price of the rent during the time 
 which has yet to elapse. The purchaser cannot exercise this 
 right without giving the fifteen days' notice, in the manner
 
 MISSOURI STATUTES. 98 
 
 stated before ; and if the lessee be a farmer, he shall have 
 one year's notice ; and previous to the expulsion, the tenant 
 must be paid the indemnification stated above, either by the 
 lessor or the purchaser. 
 
 If the letting was not by written lease, the purchaser is not 
 liable to give any indemnification. 
 
 If the lessor, in the contract of sale, reserves the right of re- 
 demption, the purchaser cannot turn out the tenant, until the 
 estate has become absolutely his. 
 
 The destruction of the whole or a part of the crops by acci- 
 dent, presents no case for an abatement of rent, unless the acci- 
 dent was of such an extraordinary nature that it could not have 
 been foreseen at the time the contract was made, as loss by 
 the ravages of a war not anticipated when the contract was 
 made ; but in such case the loss must equal in value one-half of 
 the crop, to entitle the tenant to an abatement of the rent. The 
 tenant is entitled to no abatement if the loss happens after the 
 crop is severed from the ground, unless the lessor is to have a 
 portion of the crop, in which case it would seem the lessor 
 must bear his share of the loss. 
 
 MISSOURI. 
 
 Any person having an estate in rents, in the right of his wife, 
 *nay recover it after her death. 
 
 The executors, or administrators of any person to whom rent 
 is due, may recover in the same manner as the testate or intes- 
 tate might have done if living. 
 
 Every tenant in possession, served with summons in eject- 
 ment, must give notice thereof, to his landlord or his agent, or 
 forfeit three years' rent. 
 
 A tenant who gives notice in writing of his intention to quit, 
 and does not deliver up the premises, is liable for double rent, 
 to be recovered in the same manner as single rent. 
 
 Tenants who hold over after the termination of the lease, and 
 after demand of the premises in writing by the landlord, are 
 liable for double rent. 
 
 A landlord may recover a reasonable satisfaction for the use 
 and occupation of any lands or tenements held by any person 
 under an agreement not made by deed. 
 
 An agreement by word of mouth, may be used as evidence of 
 the amount of damage to be recovered. 
 
 very landlord has a lien on the crops grown on the demised 
 p jmises, for the rent, for such year, to continue eight months 
 a.ter such rent shall become payable, and no longer. 
 
 Whenever a half year's rent, or more, is in arrear from a 
 te.iar.t, the landlord, if he has a subsisting right by law to re- 
 enter for the non-payment of such rent, may bring an action of 
 ejectment against the tenant. 
 L. fc T. 8*
 
 94 LANDLORDS' & TENANTS' LAW. MISSOURI & ILLINOIS. 
 
 The summons, if it cannot be served in the ordinary way, 
 may be served by affixing a copy of tho declaration and sum- 
 mons, on a conspicuous part of the demised premises, where it 
 may be conveniently read, which shall be equivalent to a de- 
 mand for rent and of a re-enlry. 
 
 If there be a tender of rent and costs before judgment, in an 
 action of ejectment, the proceedings shall cease. 
 
 If the rent and costs remain unpaid for six months, after ex- 
 ecution in a judgment of ejectment is executed, and a bill for 
 relief in equity is filed within that time, the lessee and all per- 
 sons deriving title under the lease, shall be barred from all re- 
 lief in law and equity, (except for error in the record ) 
 
 A mortgagee of such lease not in possession, and who within 
 six months after any judgment in ejectment, shall pay all rent 
 in arrear, and all costs, and perform all the agreements that 
 ought to be performed by the first lessee, shall not be affected 
 by the recovery in ejectment. 
 
 LAWS OF CITY OF ST. LOUIS. 
 
 In the county of St. Louis the landlord, in case the tenant fails to pay 
 his rent, may dispossess him, and all sub-tenants, by filing an affidavit 
 with any justice of the peace in the township in which the property is sit- 
 uated, or, if it be in the city of St. Louis, then with any justice of the 
 peace in the ward in which the property is situated ; and thereupon such 
 justice shall issue a summons to such lessee to appear before him, and 
 show cause why possession of the property should not be restored to the 
 plaintiff. Summons returnable within three days. Upon tbc return of 
 the summons, the justice to hear the cause. If rent and costs are not ten- 
 dered before the justice, plaintiff is to be put into immediate possession of 
 the premises No appeal shall be allowed unless the defendant give bond 
 with security sufficient to secure the payment of all damages and real 
 then due and to accrue. 
 
 ILL INOIS. 
 
 Reasonable rent may be collected for lands held without 
 special agreement. 
 
 Persons holding over by collusion with tenant, obliged to pay 
 double rent. 
 
 Tenant not quitting premises, according to notice by him 
 given, to pay double rent. 
 
 If half a years' rent be due, landlord may commence an 
 action of ejectment. The effect of judgment, in such action, 
 is to destroy the lease. If tenant pays arrearages and costs, 
 suit to be discontinued. 
 
 Every tenant, who shall at any time be sued on ejectment, 
 by any person other than the landlord, shall give the landlord 
 or his attorney, notice, under penalty of forfeiting two years' 
 rent of the premises in question. 
 
 In distress for rent, landlord may seize any personal property 
 of tenant in the county, but not the property of another person, 
 though it be found on the premises. 
 
 SEC. 8. Every landlord shall have a lien upon the crops
 
 LANDLORDS' & TENANTS' LAW. ILLINOIS & INDIANA. 95 
 
 growing, or grown upon the demised premises, in any year, for 
 rent that shall accrue for such year. 
 
 In case the tenant shall abandon the premises, landlord may 
 seize the crops growing thereon, before the rent is due. He 
 may cause crops so growing to be cultivated and perfected, 
 until the rent agreed upon becomes due, when it shall be law- 
 ful for such landlord, or his attorney, to dispose of the same. 
 Provided, that such tenant may, at any time, redeem such pro- 
 perty, before the rent is due, by tendering the rent agreed on 
 and all reasonable expenses attending the same, for care, culti- 
 vation and husbandry, as aforesaid, or replevy the same, as in 
 case of seizure, where the rent is due. 
 
 Property distrained for rent, if not replevied within five days 
 to be sold. After retaining the amount due for rent and the 
 costs of sale, the overplus, if any, to be restored to tenant. 
 
 INDIANA. 
 
 Lease for three years or more must be in writing, and record- 
 ed within ninety days. 
 
 [From the Revised Statutes, Vol. II, 1852.] 
 
 Estates at will may be determined by one month's notice in 
 writing delivered to the tenant. 
 
 A tenancy at will must be created by express contract. All 
 general tenancies, in which the premises are occupied, by the 
 consent of the landlord, either express or constructive, shall be 
 deemed tenancies from year to year. 
 
 All tenancies from year to year, may be determined by at 
 least three months' notice given to the tenant, prior to the 
 expiration of the year ; and in all tenancies which by agree- 
 ment of the parties, express or implied, are from one period 
 to another of less than three months' duration, a notice equal 
 to the interval between such periods shall be sufficient.* 
 
 If a tenant at will, or from year to year, or for a shorter pe- 
 riod, neglect or refuse to pay rent when due, ten days' notice 
 to quit shall determine the lease, unless such rent be paid at the 
 expiration of said ten days, f 
 
 Where the time for the determination of a tenancy is speci- 
 fied in the contract, or where a tenant at will commits waste, or 
 
 Forms of notices to quit in case of a tenancy from year to year : 
 
 To A. B. You are hereby notified to deliver up to me, at the expiration of 
 the current year of the tenancy, the possession of the following described 
 premises, [here describe them] now held by you, of me. 
 
 Sept. 26, 1852. C. D. 
 
 To A. B You are hereby notified to deliver up to me, at the expiration of 
 three months from the time of receiving this notice, the possession of the fol- 
 lowing premises, There describe them! now held by you, of me. 
 
 Sept. 20, 1852. C. D. 
 
 t Form of a ten days' notice : 
 
 To A. B. You are hereby notified to deliver up to me, at the expiration 
 often days from the time of receiving this notice, the possession of the follow- 
 ing premises, [here describe them] now held of me by you as tenant, unless 
 the rent due for said premises is paid within that time. 
 
 Sept. 20, 1852. C. D.
 
 96 LANDLORDS' AND TENANTS' LAW. WISCONSIN. 
 
 is at sufferance, and where the relation of landlord and tenant 
 does not exist, no notice to quit shall be necessary. 
 
 Notice, as required in the preceding sections, may be served 
 on the tenant, or if he cannot be found, by delivering the sanM 
 to some person of pro per age and discretion, residing on the premi- 
 ses, having first made known to such person the contents thereof. 
 
 Sub-lessees shall have the same remedy upon the original 
 covenant against the chief landlord, as they might have had 
 against their immediate lessor. 
 
 A landlord, after legal notice, or otherwise, can obtain pos- 
 session of lands, unlawfully held by tenant, by making complaint 
 before a justice of the peace, who shall summon such tenant to 
 appear before him in not less than five nor more than fifteen 
 days. Where notice is required by law, a copy and proof of 
 service is necessary. If verdict be for plaintiff judgment shall 
 be rendered that he have complete possession ; and damages 
 and costs shall be levied on goods of defendant, up to the time 
 of trial ; and the writ of delivery be forthwith executed. 
 
 Either party may appeal, as in other cases before justices,' 
 and bonds securing damages and costs be given by appellant. 
 
 WISCONSIN. 
 
 All estates at will, or by sufferance, may be determined by 
 either party, by three months' notice given to the other party, 
 and when the rent is payable at periods less than three months, 
 the time of such notice shall be sufficient, if it be equal to the 
 interval between the times of payment ; and in all cases of neglect 
 or refusal to pay the rent due on a lease at will, fourteen days' 
 notice to quit given in writing by the landlord to the tenant, 
 shall be sufficient to determine the lease. 
 
 No person shall make forcible entry into lands. 
 
 On complaint in writing to any justice of the peace of any 
 forcible entry or unlawful detainer, he shall issue his summons 
 to bring the person complained of before him in six and not more 
 than ten days. Either party may demand a trial by jury. 
 
 If upon trial the defendant be found guilty, judgment shall be 
 entered for restitution of the premises, and a fine imposed not 
 exceeding one hundred dollars, with the costs. The complain- 
 ant shall also be entitled to treble damages, with costs of suit ; 
 but not against any person who has had quiet possession three 
 whole years next before the entering of the complaint. 
 
 When any person shall hold over any lands or tenements, af- 
 ter termination or contrary to the conditions or covenants of the 
 lease, or after any rent shall become due and remain unpaid for 
 the space of three days, the lessor shall make demand in writing 
 of such tenant, that he shall deliver the possession of the prem 
 ises, and if the tenant shall refuse or neglect for the space of 
 three days after such demand, to quit the premises or pay the
 
 LANDLORDS' AND TENANTS' LAW. OHIO. 97 
 
 rent, complaint may be made to any justice of the peace, who 
 shall proceed to try the same in the same manner as in other 
 cases : Provided that in all cases mentioned in this section, no 
 fine shall be imposed upon the tenant. 
 
 The complainant shall be entitled to treble damages from the 
 time of notice to quit the premises, and until that time damages 
 only. If either party shall feel aggrieved by the decision of the 
 justice or jury, he may appeal within ten days, by giving a bond 
 with two sureties, to pay all costs of such appeal, and abide such 
 order as the court may make therein, and pay all rent and other 
 damages, justly accruing to said complainant during the pen- 
 dency ol such appeal. 
 
 OHIO. 
 
 Leases of school or ministerial lands, for more than ten years, 
 and all other leases of lands exceeding three years, must be 
 signed, sealed, and acknowledged, in the presence of two wit- 
 nesses, who shall attest the same, and it shall also be acknow- 
 ledged before a judge, justice of the peace, mayor, or other pre- 
 siding officer of an incorporated town or city, and be recorded 
 within six months from the date thereof. S. of O. p. 267. 
 
 No leases, estates, or interests, either for freehold, or term 
 for years, shall at any time be assigned or granted, unless 
 by deed, or note in writing, signed by the party so assigning 
 or granting the same, or their agents, or attorney. 
 
 [Forcible Entry and Detainer. Code of Procedure, 1853.] ' 
 
 Any justice, within his proper county, shall have jurisdiction 
 in cases of unlawful and forcible entry into land, tenements, 
 &c., and when he finds that such unlawful and forcible entry 
 has been made, and that the land, or tenements are held by 
 force, or that the same, after a lawful entry, are held by force, 
 then said justice shall cause the party complaining to have res- 
 titution thereof. 
 
 Proceedings may be had in all cases against tenants holding 
 over their terms, Sic., and in cases where the defendant is a 
 settler, or occupier of lands or tenements, without color or title, 
 and to which the complainant has the right of possession. 
 
 The party who commences the action must notify the ad- 
 veise party to leave the premises, which notice must be served 
 at least three days before commencing the action, by leaving a 
 written copy with the defendant, or at his usual place of abode, 
 if he cannot be found. 
 
 Complaint in writing, describing the premises and setting 
 forth the cause of complaint, must be filed with the justice, 
 before he issues his summons. The summons shall state the 
 cause of complaint, and time and place of trial, and shall be 
 served three days before the day of trial. If defendant does 
 not appear, the justice shall try the cause as though he was 
 present. No continuance shall be granted for a longer pe-
 
 98 LANDLORDS' fe TENANTS' LAW. MICHIGAN & IOWA. 
 
 riod than eight days, unless defendant gives security for the 
 rent that may accrue, if judgment be rendered against him. 
 If the suit be not continued; place of trial changed, or neither 
 party demand a jury upon the return day of the summons, the 
 justice shall try the cause. If he shall conclude that the com- 
 plaint is not true, he shall enter judgment against the plaintiff 
 for costs ; but if he find the complaint true he shall render a 
 general judgment against the defendant and in favor of plain- 
 tiff, for restitution and costs. 
 
 MICHIGAN. 
 
 Lease for one year or more must be in writing. 
 
 Whenever a tenant of any land for a less term than twenty- 
 five years shall be assessed to work on the highway for such 
 land, and shall perform such work, he shall be entitled to a de- 
 duction from the rent due, or to become due from him, for such 
 land, equal to the full amount of such assessment, unless other- 
 wise provided between such tenant and his landlord. 
 
 In all cases of neglect or refusal to pay the rent due on a 
 lease at will, fourteen days' notice to quit, given in writing by 
 landlord to tenant, shall be sufficient to determine the lease. 
 
 A widow may remain in the dwelling-house of her husband 
 one year after his death. 
 
 All estates at will may be determined by either party, by 
 three months' notice in writing for that purpose, given to the 
 other party ; and when the rent is payable at periods less than 
 three months, the time of such notice shall be sufficient, if it be 
 equal to the interval between the days of payment. 
 
 IOWA. 
 
 Code of Iowa. Three months' notice in writing is necessary 
 to be given by either party before he can terminate a tenancy at 
 will. But where rent is reserved, payable at intervals of less 
 than three months, the length of notice need not be greater than 
 such interval between the days of payment. In case of tenant's 
 occupying and cultivating farms, the notice must fix the termina- 
 tion of the tenancy to take place on the first day of April. 
 
 A tenant wilfully holding over the term, and after notice to 
 quit, shall pay double rent for the time he holds over. A land- 
 lord has a lien for his rent upon the crops grown upon the prem- 
 ises, as well as on the tenant's personal property used on the 
 premises. 
 
 In case of holding over by tenant, or for non-payment of rent, 
 three days' notice to quit must be given to tenant in writing. If 
 possession be not given, application by petition, in writing, and 
 sworn to, must be made to a justice of the peace, who shall re- 
 quire the tenant to appear before him in not less than two nor 
 more than six days from the time of notice. 
 
 Leases exceeding one year must be in writing.
 
 FORMS 
 
 OF 
 
 AGREEMENTS, LEASES, ETC. 
 
 CHAPTER IV. 
 
 Agreement for a Lease. 
 
 MEMORANDUM OF AN AGREEMENT made this day of 
 
 , 18 , between A. B., of , of the one part, and C. D., of 
 , of the other part: 
 
 Witnesseth, That the said A. B. agrees to let, and the said C. D. 
 agrees to take on lease (or the term of years, to be computed 
 
 from the date hereof, all those premises situate in , at the 
 
 yearly rent of dollars per annum, to be paid quarterly, and to 
 
 commence from the first day of July next, without any deduction 
 whatsoever, for or on account of taxes, &c., the said lease to con- 
 tain the same covenants as are contained in the lease from J. O. to 
 the said A. B., and also that all erections now on the premises are 
 to be left." 
 
 Signed, &c. A. B 
 
 C. D. 
 
 Short Lease of a House, or Store. 
 
 THIS INDENTURE witnesseth, that I, A. B., of , do hereby 
 lease to C. D.,of , for the term of one year, to commence on 
 the day of next, the dwelling-house [or store], numbered 
 22 Washington street, in the city of , with the appurtenances, 
 for the yearly rent of hundred dollars, to be paid in quarterly 
 payments of dollars each, on the first day of the months ot 
 April, July, October, and January. 
 
 And C. D. promises to pay A. B. the said rent at the times above 
 specified, and to quit and surrender the premises at the expiration of 
 the term in as good condition as reasonable use thereof will per- 
 mit, fire, and other unavoidable casualties excepted. 
 
 In witness whereof, the said parties have hereunto interchange- 
 ably set their hands and seals this day of A. D. 1852. 
 
 A. B. [.. 8.J 
 C. D. [L. ..j 
 In presence of 
 
 * The above agreement Joes not amount to an actual lease, there being on 
 clause showing that the defendant was to have ihe land from the time of eie- 
 eating the agreement, 4 Jur. 490.
 
 100 FORMS OF LEASES. 
 
 Lease of Two Rooms with Privileges. 
 
 THIS INDENTURE witnessed), That I, A. B., of , do here- 
 by demise and lease to C. O., of , one back room in the second 
 story, and one room in the third story, with a privilege in the 
 kitchen, back-yard, and cellar; being part of the house and appur- 
 tenances now occupied by sundry tenants, situate in B. street, No. 
 4, in the city of B . 
 
 To hold the same for the term of two years, from the day 
 
 of next, the said lessee yielding and paying therefor the rent 
 
 or sum of dollars a year, payable weekly [or, monthly,] by 
 
 equal and even portions ; the first payment to be made on the 
 day of next ensuing .the date hereof. 
 
 And the said C. D agrees to pay the said A. B., the above rent 
 as aforesaid, and at the end of the term, peaceably quit the said 
 premises, leaving them in as good condition and repair as they are 
 now in, reasonable wear, accidental fire, and other unavoidable 
 casualties excepted. 
 
 Witness our hands and seals, this day of , A. D. 1852. 
 
 A. B. [L. s.l 
 
 Executed in presence of C. D. [L. .] 
 
 Guarantee for Payment of Rent. 
 
 In consideration of the letting of the within described premises, at my re- 
 quest, I do hereby guarantee to Mr A. B., the punctual payment of the rent 
 therein mentioned for one year, and no longer. . F. [L. s.J 
 
 In presence of 
 
 Lease of House, or Store. 
 
 THIS INDENTURE, made this day of , 185 , between 
 
 A. B. of , and C. D. of , witnesseth : 
 
 That the said A. B., in consideration of the agreements of the said 
 C. I), hereafter mentioned, does hereby lease to the said C. D. the 
 dwelling-house [or store] with the appurtenances, numbered 44 
 
 B. street, in the city of B., now occupied by J. E. 
 
 To have and to hold the same to the said lessee for the term of 
 four years from the date hereof. And the following are the terms, 
 conditions, and provisions of this lease : 
 
 The rent of said store [or house], annually during said term shall 
 be dollars, which said lessee agrees to pay said lessor in quar- 
 terly payments of dollars each ; the first payment thereof to be 
 made on the day of now next ensuing. 
 
 And the lessee promises to make no unlawful or offensive use of 
 the premises, to pay all taxes and assessments that shall be levied 
 on the same, to keep the premises in good repair, and deliver up the 
 same to the lessor at the end of the term in reasonably good order and 
 condition, fire and unavoidable casualties excepted. 
 
 And the lessor agrees that the lessee shall occupy the premises 
 during the term free from all lawful claim of any other person. 
 
 In case said store shall be destroyed or rendered unfit for its ac- 
 customed uses by fire or other unavoidable casualty during the said 
 term, thereupon this lease shall be terminated. 
 
 If said lessee shall neglect to make any quarterly payment of rent,
 
 FORMS OF LEASES. 101 
 
 or pay any tax or assessment, or refuse or neglect to fulfil any con- 
 dition hereiq on his part contained, for the term of days after 
 said lessor shall in writing have given him notice of such neglect, 
 thereupon the said lessor may enter the premises and expel the said 
 lessee therefrom, without prejudice to any remedies which might 
 otherwise be used for arrears of rent or preceding breach of covenant. 
 In witness whereof the parties have hereunto interchangeably 
 set their hands and seals the day and year first above written. 
 
 A. B. O. ] 
 C. D. [>. s.] 
 In presence of 
 
 Guarantee for Payment of Rent, 
 
 In consideration of the letting of the above described premises, and of one 
 dollar to me paid, I do hereby promise and bind myself, that the said C. D. 
 shall pay the rent and perform the above lease or agreement on his part in all 
 respects, for one year, and no longer. 
 
 Witness my hand and seal, the day of , 18. 
 
 E. F. [L. s.] 
 In presence of 
 
 Lease of Furniture, or Goods. 
 
 THIS INDENTURE, made this day of ,185 .between 
 A. B. of , and C. D. of , witnesseth : 
 
 That in consideration ot the rents and agreements to he paid and 
 performed on the part of the said C. D., the said A. B. does hereby 
 lease to the said C. D., the household furniture [or goods] de- 
 scribed as follows: 
 
 2 Looking Glasses, Marked A. B. on the back. 
 
 1 Bureau, 
 
 1 Grecian Table,.. 
 1'.! Mahogany Chairs,. 
 
 12 Silver Tea Spoons,. . . . 
 
 1 Piano, 
 
 2 Kidderminster Carpets,. 
 
 A. B. on the back. 
 A. B. under the leaf. 
 A. B. under the seat. 
 A. B. on the handle. 
 A. B on the back. 
 A. B. in the curiier. 
 To have and to hold the same to the said lessee, for the term of 
 years, from the date hereof, the said lessee paying therefor tho 
 yearly rent of dollars during the said term. 
 
 And the said lessee covenants with the said lessor, that he will 
 pay the rent aforesaid, in monthly payments of dollars each, on 
 the day of each month, during said term, and for such further 
 time as the lessee may hold the same ; and that he will not assign 
 nor underlet the said , nor any part thereof, without the writ- 
 ten consent of said lessor: and that he will at his own expense 
 replace any and all of said which shall be lost, or carelessly 
 
 or accidentally injured during the said term ; and at the expiration 
 thereof, or the sooner termination of this lease, he will restore the 
 said to the said lessor, in the like good order in which they 
 
 now are, wear and diminution resulting from reasonable use and 
 unavoidable casualties excepted. 
 
 And it is agreed that, until condition broken, said C. D. shall 
 peaceably retain possession ot said chattels. 
 In witness whereof, (he said parties have hereunto, &c. 
 
 A. B. " [L.8.] 
 
 C. D. [L. a.] 
 
 In presence of 
 
 L&T 9
 
 102 FORMS OF LEASES. 
 
 An Unexceptionable Lease. 
 
 THIS INDENTURE, made the day of in the year 
 
 eighteen hundred and , between A. B., of , of the one 
 
 part, and C. D., of , of the other part, 
 
 Witnesseth, That in consideration of the covenants herein con- 
 tained on the part of the said C. D. and his representatives, to be 
 kept and performed, he the said A. B. doth hereby grant, demise, 
 
 and lease unto the said C. D. and his representatives, [here 
 
 describe the premises and situation.'} 
 
 To hold the said premises, with the rights, easements and appurte- 
 nances thereto belonging, unto the said C. D and his representa- 
 tives, from the day of , during the full term of years, 
 
 thence next ensuing. 
 
 Yielding and Paying (except only in case of fire or other cas- 
 ualty, as hereinafter is mentioned) the rent or sum of dollars 
 
 yearly, by equal quarterly payments, to wit : on the days of 
 
 , , , and , in every year during said term and at that rate for 
 such further time, as the said Lessee, or those claiming under him, 
 shall hold the said premises or any part thereof; the tirst payment 
 thereof to be made on the day of now next ensuing. 
 
 AND the said Lessee for himself and his representatives, hereby 
 covenants and agrees with and to the said Lessor, his representatives 
 and assigns, that he and they will during the said term, and for such 
 further time as the said Lessee or those claiming under him shall 
 hold the said premises, or any part thereof, pay unto the said Lessor 
 his heirs and assigns, the said yearly rent as aforesaid, upon the days 
 hereinbefore appointed for the payment thereof, (except only in case 
 of tire or other casualty, as hereinafter mentioned,) and also all the 
 taxes and assessments whatsoever, whether in the nature of taxes 
 now in being or not, which may be payable for, or in respect of the 
 said premises or any part thereof, during said term : and also will keep 
 all and singular the said premises in such repair, as the same are 
 in at the commencement of said term, or may be put in by the said 
 Lessor or his representatives, during the continuance thereof; 
 reasonable use, and wearing thereof, and damage by accidental fire 
 or other inevitable accidents alone excepted. 
 
 And the said Lessee further covenants and agrees with and to the 
 said Lessor, and his heirs and assigns, that he or others having his 
 estate in the premises, will not assign this lease, nor underlet the 
 whole or any part of the said premises; and that no alterations or 
 additions shall be made during the term aforesaid, in or to the same, 
 without the consent of the said Lessor or of those having his estate 
 in the premises being first obtained in writing allowing thereof; and 
 also, that it shall be lawful for the said Lessor and those having his 
 estate in the premises, at seasonable times, to enter into and upon 
 the same, to examine the condition thereof: AND further, that he 
 the said Lessee and his representatives, shall and will, a' the expi- 
 ration of said term, peaceably yield up unto the said Lessor or those 
 having his estate therein, all and singular the premises, and all fu- 
 ture erections and additions to or upon the same, in good tenantable 
 repair in all" respects, reasonable wearing and use thereof, and dam- 
 age by fire, or other casualties excepted.
 
 FORMS OF LEASES. 103 
 
 Provided always, and these presents are upon this condition, that 
 if the said Lessee or his representatives or assigns, do or shall neg- 
 lect or fail to perform and observe any or either of the above cov- 
 enants hereinbefore contained, which on his or their part are to be 
 performed, then, and in either of said cases, the said Lessor or those 
 having his estate in the said premises, lawfully may, immediately 
 or at any time thereafter, and whilst such neglect or default con- 
 tinues, and without further notice or demand, enter into and upon 
 the said premises, or any part thereof, in the name of the whole, 
 and repossess the same as of his or their former estate, and expel 
 the said Lessee and those claiming under him, and remove his or 
 their effects, (forcibly if necessary) without being taken or deemed 
 guilty of any manner of trespass, and without prejudice to any rem- 
 edies, which might otherwise be used for arrears of rent, or pre- 
 ceding breach of covenant. 
 
 Provided also, That in case the premises, or any part thereof, shall 
 during said term, be destroyed or damaged by fire, or other unavoid- 
 able casualty, so that the same shall be thereby rendered unfit for 
 use and habitation, then, and in such case, the rent hereinbefore 
 reserved, or a just and proportionate part thereof, according to the 
 nature and extent of the injury sustained, shall be suspended, or 
 abatedt until the said premises shall have been put in proper con- 
 dition for use and habitation by the said Lessor; or these presents 
 shall thereby be determined and ended at the election of the said 
 lessor [lessee] or his representatives.* 
 
 And the said lessor doth promise that while the lessee and his 
 representatives, pay the rent and perform the covenants herein na 
 med, they shall peaceably hold and enjoy said premises. 
 
 In witness whereof, the said parties have hereunto interchange- 
 ably set their hands and seals the day and year first above above- 
 mentioned. A. B. 
 
 Executed in presence of C. D. [i,. s.] 
 
 [I. S.] 
 
 [L.S.] 
 
 * Without an express covenant to the contrary, the tenant is bound to con- 
 tinue the payment of rent, though the premises be destroyed by fire, and the 
 landlord refuse to rebuild. If a lessee covenants to pay rent, and to repair, 
 with an express exception of casualties by fire, he may be obliged to pay rent 
 daring the whole term, though the premises are burnt down by accident, and 
 never rebuilt by the lessor. 1 T. R. 310. Nor can he be relieved by a court 
 of equity, Anst. 687. unless perhaps the landlord has received the value ot his 
 premises by insuring. Amb. 621. And if he covenants to repair generally, 
 without any express exceptions, and the premises are burnt down, he is bound 
 to rebuild them. 1 T. R. 650. 
 
 Guarantee for Payment of Rent. 
 
 In consideration of the execution of the above written lease, at our request 
 we do hereby guarantee to the said A. B.the true and punctual payment of the 
 rent reserved at the times and in the manner therein mentioned, and in default 
 thereof promise to pay the same on demand. 
 
 Witness our hands and seals, this day of, &c. K. . t L. s.] 
 
 Executed in presence of F. F. [L. .] 
 
 Lease of a Farm on Shares. 
 THIS INDENTURE, &c. [same as preceding Lease.] 
 
 *NOTK. Or returned to said C. D., (in case the rent was paid in advance.
 
 104 FORMS OF LEASES. 
 
 Witnesselh, That, in consideration of the covenants herein con- 
 tained on the part of the said C. D. and his representatives, to be 
 kept and performed, he, the said A. B , doth hereby grant, demise 
 and lease unto the said C. D., aiidhis representatives, the [here de- 
 scribe the premises] ; and all the stock and farming utensils, of 
 every name and nature, now being in or upon the same, belonging 
 to the said A. B. 
 
 To have and to hold the above mentioned and described premises, 
 stock and farming utensils, with the rights, easements and appurte- 
 nances thereto belonging, unto the said lessee, and his representa- 
 tives, from the day of , eighteen hundred and fifty , for 
 and during the full term of years thence next ensuing. 
 
 In consideration whereof, the said lessee hereby covenants and 
 agrees, to and with the said lessor, that he will occupy, till, and in 
 all respects cultivate the premises above mentioned, during the 
 term aforesaid, in a husbandlike manner and according to the usual 
 course of husbandry ; that he will not commit any waste or damage, 
 or suffer any to be done ; that he will keep the fences and buildings 
 on the said premises in good repair; and that he will deliver to the 
 said lessor, and his representatives, or to his or their order, one 
 equal half of all the proceeds and crops produced on the said farm 
 and premises aforesaid, of every name, kind and description, to be 
 divided on the said premises, in the mow, stack or half bushel, accord- 
 ing to the usual course and custom of making such divisions in the 
 neighborhood, and in a seasonable time after such crops shall have 
 been gathered and harvested. 
 
 It is further understood and agreed between the aforesaid parties, 
 that the said lessor shall furnish in due season, one-half of all the seed 
 necessary to be sown on said premises, and pay half of all taxes which 
 may be assessed on the same ; and (hat the lessee shall do, or cause 
 to t>e done, all necessary work and labor in and about the cultiva- 
 tion of the said premises; that he is to have full permission to en- 
 close, pasture, or till and cultivate the said premises, so far as the 
 same may be done without injury to the reversion, and to cut all ne- 
 cessary timber for firewood, farming purposes, and repairing fences. 
 
 And the said lessee agrees that he will carefully tend and fodder 
 the stock kept on the said premises, with the hay and other fodder 
 which shall grow or be raised on said premises; and that he will 
 not sell, dispose of or carry away, or suffer to be carried away from 
 said farm any of the hay or fodder of any kind, but will leave there- 
 on all the hay and fodder which shall not be consumed by the slock 
 aforesaid, and all the manure which shall be made on said premises, 
 for the sole use and benefit of the said lessor. 
 
 And it is further agreed that the said lessee, and his representa- 
 tives, shall at the expiration of said term, peaceably yield up unto 
 the said lessor, or those having his estate therein, all and singu- 
 lar the premises, and all future erections and additions to or upon 
 the same, in good tenantable repair in all respects, reasonable 
 wear, damage by fire, and other unavoidable casualties excepted. 
 
 In witness whereof the said parties have hereunto, &c. 
 
 A. B. [L. s.J 
 Executed in presence of C. D. [L. 8.]
 
 SPECIAL COVENANTS. 105 
 
 Covenants. 
 
 And the said A. U covenants with the said C. D. that the premises are in 
 good tenautable condition, and especially that the outbuildings, privy, &c., are 
 in good repair. And if, at any time during the term, the premises shall become 
 untenantable from any cause other than the wrongful acts of the tenant, and 
 the lessor does not, upon notice of the fact, forthwith put the same in ten- 
 antable condition, then the tenant may leave, and the tenancy thereupon be 
 determined. 
 
 And the lessor agrees that if at any time the water fixtures (a pump) get out 
 of repair, or the water becomes impure, from any other cause than the wrong- 
 ful acts of the tenant, the landlord shall, upon notice thereof, cause the neces- 
 sary repairs and cleansing to be made in a reasonable lime ; and if the tenant 
 is obliged to buy water on account of the water fixtures being out of repair, or 
 of the failure or impurity of the water, the expense thus incurred, the tenant 
 having given the lessor reasonable notice of the fact, shall be deducted from 
 the rent. 
 
 And the lessor further agrees that he will keep the roof and outside walls of 
 the house tight, and in good repair, and will paint the outside walls every 
 third year, and paint the inside, paper the rooms &c. 
 
 And the lessee shall have the right to extend this lease four years from its 
 termination, giving thiee months notice previous thereto of his intention to do 
 the same. 
 
 Covenant for quiet enjoyment of Mortgaged Premises. 
 
 And the said lessor doth promise that while the lessee and his representa- 
 tives, pay the rent and perform the covenants herein named, they shall peace- 
 ably hold and enjoy said premises ; subject however, always to the legal rights 
 (if any) of the owners of the equity of redemption, and subsequent mortgagees. 
 Tenant's Special Covenants. 
 
 And said lessee agrees to defray all the expense of emptying the Drains, 
 Privy, and Cesspool, when necessary, and keeping the same conformably 
 with the By Laws and Ordinances of the city of . 
 
 And said lessee agrees to pay all the expenses connected with the Cochit- 
 uate Water, and all damages to the demised premises caused thereby. 
 
 And further, that in case said building, or any part thereof, shall be destroy- 
 ed or injured during the term, by fire or other casualty, and the lessor or those 
 having his estate in the premises, shall rebuild or repair the same, so that their 
 value shall be increased, the said lessee or his representatives, shall pay such 
 additional rent, for the residue of the term, as shall be just and reasonable. 
 
 And it is further provided and agreed, that either party may at his pleasure 
 terminate this lease on the terms and conditions, that he shall have fulfilled all 
 the covenants herein on his part contained, that he sh; 11 pay to the other party 
 
 the sum of dollars for his privilege to terminate the lease, and that he shall 
 
 give to the other piny ten days' previous notice in writing of his intention to 
 terminate the same. 
 
 AND the said lessee, for himself, his representatives, and assigns, further cove 
 
 risk from fire may be increased. 
 
 AND inasmuch as the glasg in the several windows of said premises arc now 
 entire and unbroken, the said lessee promises and agrees that, in this particular, 
 the premises shall be restored to the lessor in the R-IIIIO condition. 
 
 AND the said lessee doth hereby covenant and agree to and with the said lessor, 
 
 that he, the said lc*see, bis representatives and assigns, shall and will, within 
 
 months next after the date hereof, lay out and expend the sum of dollars, in 
 
 repairing the said tenement, hereby demised, [or shall, and will, at his own 
 proper cost and charges, well and sufficiently put the said tenement hereby de- 
 mised, in a good, sufficient, and tenantablo repair, and particularly shall and 
 will! (here mention the particulars agreed on.) 
 AND in case the said rent or taxos shall be in arrcar for the space of one week,
 
 106 
 
 SPECIAL COVENANTS. 
 
 and the same shall have been duly demanded, on or after the day when the same 
 hall have become payable : or if the lessee, in case of his insolvency, shall fail 
 to give reasonable security for the payment of all sums then due, and thereafter 
 to grow due, under this lease ; the lessor, or those having an estate in the prem- 
 ises, whilst such neglect or default continues, may, without further notice or de- 
 mand, enter upon the premises, and expel the lessee and those holding uudei 
 him, or may otherwise evict him or them without prejudice to any remedies 
 which might otherwise be used for arrears of rent, or preceding breach of cove- 
 nant ; and thereupon the lessor may, at his discretion, re-let the premises at the 
 risk of the lessee, who shall remain (for the residue of said term) responsible for 
 the rent herein reserved, and shall be credited with such amounts only as shall be, 
 by the lessor, actually realized. 
 
 THE taxes assessed upon the whole building, (when occupied by more than one 
 tenant,) are to be apportioned every year upon the several apartments in the 
 building rateably, according to the rent reserved for each occupant at the time of 
 the assessment, and the proportion, or amount payable by the said lessee, is to he 
 ascertained in that manner. 
 
 If at any annual assessment of taxes, any apartment is not let, the rate of rent 
 thereof existing at the next preceding assessment, (or a rent proportioned to 
 those then occupied) shall be taken for the purpose of this apportionment. 
 
 AND also, will keep all and singular the said premises in such repair as the 
 ame are in at the commencement of said term, or may be put in by the said les- 
 sor, or his representatives, during the continuance thereof; and pay all charges 
 for cleansing which may be payable for, or in respect of the premises, or any part 
 thereof, during the said term. 
 
 AND the said lessee further covenants, that he wir. not suffer any ashes to re- 
 main in the said building, after the same are taken from the hearth or stove, unless 
 in a safe deposit of brick or stone ; nor do any act or transact any business by 
 which the insurance of said building may be affected. 
 
 AND that he, the said B. B., will not carry on in the premises any offensive 
 trade or business, nor make, or suffer to be made, any alterations therein, but 
 with the consent in writing of the lessor. 
 
 Landlord's Special Covenants. 
 
 AND the said A. A., for himself, his representatives and assigns, does covenant 
 promise, and agree, that the said lands and premises are free and clear of and 
 from all former and other gifts, grants, bargains, sales, leases, judgments, execu- 
 tion*, taxes, assessments, and incumbrances, whatsoever. 
 
 AND that the said A A., his representatives and assigns, shall and will on or 
 before the expiration of this present lease, on the request and at the cost and 
 charges of the said B. B., his representatives or assigns, grant and execute to 
 him and them a new and fresh lease of the premises hereby demised, with their 
 appurtenances, for the further term of ten year*, to commence from the expiration 
 of the term hereby granted ; the same to be at the same yearly rent, payable in 
 like manner, and under and subject to the like covenants, provisoes and agree- 
 ments as are contained in these presents ; such new lease, however, to be granted 
 and valid on condition that the said B. B., his representatives or assigns, do exe 
 cute a counterpart thereof, and also pay the said A. A., his representatives, or 
 
 assigns, the sum of dollars, at the time of executing said lease, as and by 
 
 way of fine or premium for the renewal thereof. 
 
 AND tlio said lessor, his representatives or assigns, shall and will, at 
 his or their own proper costs and charges, cause to be well and sufficiently 
 painted all the outside wood and iron work belonging to the said premises every 
 third year during the continuance ol the said term, and shall and will, also, nt his 
 and their like proper costs and charges, during the said term, keep in good, 
 sufficient and tenantable repair, as well all and singular, the glass and other 
 windows, rooms, floors, partitions, ceilings, walls, roof, gutters, fences, pave- 
 ments, grates, sinks, privies, drains, wells and water courses, as also all and 
 every other the p.irts and appurtenances of the said premises. 
 
 Provided however, that in case the premises, or any part thereof shall, during 
 aid term, be destroyed or damaged by fire or other unavoidable casualty, so 
 that the same shall be thereby rendered unfit for use and habitation, then, and in 
 uch caso, the rnnt hereinbefore reserved, or a just and proportionate part thereof, 
 according to tho nature and extent of the injury sustained, shall be suspended or 
 abated, until the premises shall have been put in proper condition for use and 
 habitation, by the lessor, or those having an estate in the premises ; unless the 
 aid lessee shall e'ect to terminate the lease which, in uch cose, he shall have the 
 right to do, and the est.itu of the lessee, and those holding under him, herein shall 
 be thereby determined.
 
 NOTICES TO QUIT. 107 
 
 Notice to Quit by the Landlord. 
 
 ~ MR. B. B. SIR : You are hereby notified to surrender and de- 
 liver up to me the possession of the house and lot, known as No. 
 , in B street, in the city [or town] of B., and to remove 
 therefrom on the day of next, according to law, it being my 
 intention to determine the tenancy. Yours, &c. 
 
 B , Jan. 1, 1848. A. A., Landlord. 
 
 Notice to Quit by the Tenant. 
 
 Mr. A. A. SIR: I hereby give you notice, that I shall, on the 
 
 day of next ensuing, quit possession, and remove from 
 
 the premises I now occupy, known as No. , in B street, 
 
 in the city [town] of B., according to law, it being my intention to 
 
 determine the tenancy. 
 
 Yours, &c., B. B., Tenant. 
 
 B , Jan. 1, 18. 
 
 Notice to Quit by Landlord, on Non-payment of Rent. 
 SIR: I hereby give you notice to surrender and deliver up to me 
 the possession of the house and lot known as No. , in B 
 street, in the city of , [or town ot ,] the rent of which you 
 have (ailed and neglected to pay for the past *; and to remove 
 therefrom in days from the date of this notice, according to 
 
 the statute in such case made and provided. 
 
 Yours, &c. A. A., Landlord. 
 
 B , April 2, 184. 
 
 Notice to Quit the Premises, or pay Double Rent.\ 
 Mr. B. B. SIR : You are hereby notified to surrender and yield 
 up to me on the day of next, possession of the premises 
 
 in B street, in the city of , [or, town of ,] which you 
 now hold of me. In failure whereof I shall require and insist upon 
 double the value oi the said premises, according to the statute in 
 such case made and provided. Yours, &c. . A. A., Landlord. 
 New York, May 2, 1847. 
 
 Assignment of Lease, to be endorsed on the Lease. 
 
 In consideration of the sum of dollars, to me paid by C. C., 
 
 the receipt whereof I hereby acknowledge, I have granted, as- 
 signed, and set over, and by these presents do grant, assign, and set 
 over unto the said C. C., his representatives and assigns, the lease 
 within written, for the remainder and residue of the term therein 
 mentioned. 
 
 To have and to hold the samr, with the rights, easements and 
 appurtenances, unto the said C C., his representatives and assigns, 
 in as full and ample a manner as the same is conveyed to me, under 
 the yearly rents and covenants within reserved and contained, on 
 my part to be done, kept and performed, as well the within-written 
 indenture, as also all the term and interest in all and singular the 
 
 Week, Mouth, Quarter, &.C., as the case may require. See Statutes 
 relating to Notices, in Chapter HI, and al--o pages 25, 20 and 27. 
 
 t In New York, when the tenant wilfully holds over after the expiration of 
 the term, and notice to quit, the landlord is entitled to double rent.
 
 108 FORiMS OF ASSIGNMENTS. 
 
 lands, tenements and premises, within-mentioned, yet remaining 
 under and by virtue of said indenture. 
 In witness whereof, I have hereunto set my band, &c. 
 
 B. B. (L. s.> 
 Executed in presence of . 
 
 Assignment of a Lease. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, B. B., of , 
 
 for and in consideration of the sum of dollar* to me paid by 
 
 C. C., of , have granted, assigned, and set over, and do hereby 
 grant, assign, and set over, unto the said C. C , his representatives 
 and assigns, a certain indenture of lease, dated the day of 
 
 A. D. one thousand eight hundred and forty ; made by A. A., 
 
 of , to me, the said B. B., of a certain dwelling-house and lot, 
 situate in , with all and singular the premises therein men- 
 tioned and described, and the buildings thereon, together with the 
 appurtenances ; to have and to hold the same unto the said C. C., 
 his representatives and assigns, from the day of next, 
 
 for and during all the rest, residue, and remainder, yet to come, ol 
 and in the term of years mentioned in the said indenture of 
 
 lease; subject nevertheless to the rents, covenants, "conditions and 
 provisions therein also mentioned. 
 
 And 1 do further covenant and agree, to and with the said C. C. 
 that the said assigned premises are free and clear of and from all 
 former and other gifts, grf.nts, bargains, taxes, sales, leases, assess- 
 ments, judgments, executions, and incumbrances whatsoever. 
 
 In witness whereof the said p.my of the first part has hereunto 
 aet his hand and seal the day and year above written. 
 
 B. B. [L. s.] 
 
 Executed in presence of 
 
 Surrender of a Lease to the Lessor, by Endorsement. 
 
 KNOW ALL MEN BY THESE PRESENTS, That I, B. B., of , 
 
 in the county of , in consideration of dollars, to me in 
 
 hand paid by A. A., have granted and surrendered, and by these 
 presents do-grant and surrender, to A. A , his representatives and 
 assigns, the within-written indenture of lease of the lands and 
 premises therein mentioned, and all and every the rights, ease- 
 ments and appurtenances, estate, title, interest, term of years yet to 
 come and unexpired, and the reversion and reversions, remainder 
 and remainders of the same ; which lands and premises are free 
 from and clear ot all incumbraiices, of what kind soever, to have 
 and to hold the same unto the said A. A., his representatives and 
 assigns, for ever. 
 
 In witness whereof I have hereunto set my hand and seal this 
 day of , 18. 
 
 B. B. (L. s.) 
 Executed in presence of
 
 HF 
 
 I 855 
 
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