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 How are contracts rescinded 7 How should a tender be made 7 When is interest allowed, and how 7 When will an action lie for negligence 7 What are the Liabilities of Innkeepers, Common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 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 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 anarty 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- 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. ant 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 Uuiien 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 -mue 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* . 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 (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 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 5 10 6 4 6 10 7 4 7 9 p 465050! 60 6 6 7 7 6 5 7 6 1 6 8 7 3 7 9 8 4 811 9 5 1 586269 7 4 711 8 5 6 3 Oil 7 6 8 2 8 9 9 5 10 H lo- 5 S 6 31 6 U 7682 8 9 9 5 Oil 7 8 8 4 9 9 9 10 5 11 1 ts 859 5'10 4 11 3 12 2, 13 2 14 1 10 5 U G 12 6 13 7 14 7 15 8 16 8 20' 11 3; 12 (i 13 915 10 317 G 18 9 1311 15 3 16 8 18 1 19 5 2010 2-2 3 25 14 1 15 8,17 218 920 4 21 1 1 23 5 17 4 19 1 20 10 22 7 24 4 26 1 27 9 30 101118 9;20 822 024 520 3:28 2 20 1022 1125 027 1 29 2:31 333 4 30 20 322 624 927 029 331 633 9 25 27 0,30 32 G 35 37 040 31 1 1 1 1 1 1 1 IT I 1 1 i 0~1 1 1 2 1 1 1 020202 2 1 2 2 2 2 2 2 3 2 2i 2 2' 2 3 3 2 2 3 3 3 3 3 6 31 41 41 5 5 51 6 040505 050 Gl 0007 Vns 11 Inches Thick by 12 Inches Thick by ft. in 11 B 12 B 13 B U B 15 B 16 B 17 B 1-2 B 13 B 14 B 15 B 1(1 B,17 B 19 B ~1 OKI 0~U ~i~b 1 1 1213 f~4 1 U 1 1 1 2 131415 1 6 2 _ 1 8 1 10 2 2 2 2 4 2 5 2 7 2 2 2 2 4 2 6 2 U 2 10 3 _ 2 6 2 9 3 3 3 3 5 3 8 311 3 3 3 3 6 3 9 4 4 3 4 6 4 3 4 3 8 4 4 3 4 7 4 11 5 2 4 4 4 4 S 5 5 4 5 8 U 5 _ 4 2 4 7 5 5 4 5 9 G 1 6 5 5 5 5 10 3 6 8! 7 1 7 6 __ 5 1 5 6 6 5 6 11 7 4 7 10 6 G 7 7 8 8 G 9 7 i_ 511 6 5 6 II 7 6 8 8 7 9 1 7 7 7 8 2 8994 911 10 6 8 6974 711 8 7 9 2 9 9 1(1 5 9 8 8 9 4 10 10 811 4 1-2 <| f__ 7 ?! 8 3 811 9 8 10 4 U 11 8 9 9 910 11 3 12 0'12 13 6 10 8 5 9 2 9 11 10 8 11 G 12 3 13 10 1010 11 8'12 6 13 4 ; I4 2 15 15 !> 7; 13 Sll 14 1116 1 17 2 18 4 19 G 5 10 3 17 G IS <>-!() 021 3 22 G 20 10 10 18 4J19 1021 522 11 21 5 20 .'() 0-21 823 425 -020 ol28 4130 2521 02-2 1124 10 2(j 9 28 8 30 7 32 25 27 1 29 2 31 3 33 4 35 5,37 30 [25 3 27 (> 29 10 32 1 31 5 30 8 39 10 032 G35 037 640 04 > (V 15 30 8(1 333 "T F~i m 2020 2 35 9 2 33 6 0" 1 2 41 3 ~0 1 2 41 1 2 40 9 3 10 S 39 1 2 42 S 45 1 3 43 U 1 3 51 054 0~1 ~0~2 0303 _ 3 03030303 3 4 4 3 3 4 II 4 4 4 5 -GO 50 G! 0000 7 7 8 7 7 8> Si ill L'ng 13 Inches ThU-k by 14 Inches Thick Ay ft. in 13 B 14 B 15 B 10 B 17 B 13 BI19 B 14 B 15 B 10 B 17 B IS B J9 1) 20 B ~~\ _ 1 2 1 3 1 4 1 5 1 G 1 8 1 9 1 4 1 6 1 7 1 ! 1 9 1 10 T7l > 2 4 2 6 2 9 211 3 1 3 3 3 5 2 9 211 3 1 3 4 3 3 8 3 II 3 3 G 31" 4 1 4 4 4 7 4 11 5 2 4 1 4 5 4 8 5 5 3 5 7 5 10 4 4 6 5 1 5 5 5 9 2 G 6 610 5 5 5 10 G 3 G 7 7 7 5 7 9 S 5 10 6 4 G 9 7 3 7 8 8 2 8 7 6 10 7 4 7 9 8 3 8 9 3 9 9 7 1 7 7 8 2 8 8 9 3 9 9 10 4 8 2 8 9 9 4 911 10 6 11 1*11 8 7 8 3 8 10 9 610 lltli 9 11 5|12 9 10 3 10 11 11 7 12 3 12 Il|l3 7 8 9 5' 10 1 10 10 II 712 3 13 13 9 10 11 11 8 12 5 13 3 14 14 915 7 i) 10 7111 512 213 01310 14 8 15 5 12 3 13 2 14 14 11 15 9 16 8 17 10 11 9 12 B'13 7 14 5115 4 16 317 2 13 7 14 7 15 7 16 17 6 13 6 19 5 I5'_1l7 719 020 421 821 24 5|25 9 20 521 11 23 4 24 1020 3 27 9 29 2 20 23 625 327 1281130 S 32 634 4 27 329 2 31 1 33 1 35 3011 3S 11 85 !a 431 7331030 1|38 440 84211 34 030 6 38 11 41 4 43 9 40 2 48 7 30 - 35 3371140 843 440 1 48 951 6 40 10 43 9 46 8 49 7 52 C 55 5 58 4 :m '42 345 48 95-2 055 3 58 001 9 19 052 56 59 6 63 66 6 70 ~~.~ 1 1 1 1 2 0~~2 2 m 1 2 2 T~2 0~2 2 _ J 2 3 3 3 3 3 3 3 3 3 3 4 4 4 3 4 0404 4 5 5 5 (I 4 4 5 5 5 6 6 G 07 080809090 10 010 0809090 10 Oil 1 OHIO TIMBER, BOX, PACKAGE AND STONE MEASUREMENT. 85 Suppose a Package 9 feet, long 4 feet broad and 20 inches thick ? opposite 9 and under 24 Inches we find 30, which doubled gives GO feet, the answer. If the Timber or Package if of larger breadth or thickness than is contained in the Table, odd two numbers together. Vns 15 Inches Thick by 16 Inches Thick by ft. .'i 15 B 16 B 17 B 13 B 1 9 B 20 i: -.'I B 16 B 17 B 8 B 19 B 20 B 21 B,22 B 1 _1 1 7 1 8 1 9 111 2 2 1 2 2 1 9 111 2 2 1 2 3 2 i 2 5 2 3 2 3 4 3 7 3 9 4 4 a 4 5 3 7 3 9 4 4 3 4 5 4 4 411 3 4 8 5 5 4 5 8 511 3 6 7 5 4 5 8 6 6 4 6 8 7 7 4 1 _ 6 3 6 8 7 1 7 6 711 3 4 8 9 7 1 7 7 8 8 5 311 9 C 9 9 5 _ 710 8 4 8 10 9 5 911 10 1011 811 9 5 10 10 7 11 1 11 4 12 3 C 9 5 10 10 8 11 3 111 12 I! 13 2 10 8 11 4 12 12 8 13 4 14 14 8 7 1011 11 8 12 5 13 2 310 11 7 15 4 12 5 13 3 L4 014 9 15 7 16 C 17 1 S 12 6 13 4 14 2 15 510 1(> g 17 6 14 3 15 1 16 1611 17 9 18 4 19 7 14 1 15 1511 1611 710 18 919 8 16 17 18 19 20 21 8 22 If, _ 15 8 16 8 17 9 18 9 910 20 I0'2l 11 17 9 18 11 20 21 1 22 3 23 o;21 5 1:3 _ 23 5 25 26 7 28 25 !9 8 il 3 32 10 26 8 28 430 031 8!33 4 35 4 36 8 90 31 333 4 35 537 6|39 7 11 843 9 35 7 37 9' 10 42 3 44 5 46 C 4811 2:, 39 141 8 44 3;461149 6 n 154 8 44 5 47 3. 50 052 955 7 58 61 1 :;o - 46 11 50 53 250 3i >9 5 665 8 53 4 56 81 50 G3 4 66 8 70 4 73 4 :;<; 56 360 63 967 6' 11 3 -.-, 78 9 64 68 re o 76 80 84 C 88 1 2 2 2 2 2 1 2 2 2 "0~2 F~2 2 "(FT ^0 2 'J 3 3 4 4 4 1 4 4 4 4 4 4 ii 5 ,: 5 n n 5 11 1;i 5 nil 6 n 1 1 6 i n 1 (i 7 1 i 5 n 1 1 6 n 1 1 6 1 n 6 7 5 7 """" u \< ,' \i j,v \/ IX V XX X V X XXV II V XX X '' '? 17 Inches Thick by 18 Inches Thick by /* in 17 B 18 B 19 8,20 B 21 B 22 B23 B 18 B 19 B 20 I! 21 B 22 B 23 B 1 2 2 2 2 3 2 4 2 6 2 7 2 9 23252 li 2 8 2 9 211 2 _ 4 4 3 4 6 4 9 5 5 2 5 5 46495 1 3 5 6 5 9 6 6 5 6 9 7 1 7 5 710 8 2 69727 li 711 8 3 8 8 1 8 8 6 9 9 5 911 10 A 1010 90 9 6 10 10 6 11 11 6 r, -- 10 10 811 3 11 10 12 5 13 i 13 7 11 3 1111 12 ff 1J '2 1 3 9 14 5 i; 12 1 12 913 6 14 2 1411 If) 7 16 4 13 6 14 3 15 15 9 16 6 17 3 7 _ 14 1 14 11 15 8 16 6 17 4 18 4 19 15 9 16 8 17 li 16 r, 1 9 3 20 2 - 10 1 17 17 11 1811 191020 9 21 9 18 19 20 (1 21 22 23 B 18 1 19 220 2 21 322 423 524 5 20 3 21 5 22 li 23 e 2 4 9 2511 in 20 1 21 322 5 23 7 24 10 -20 027 2 22 6 23 9 25 26 3 27 6 28,9 IT, 30 1 31 1133 835 5'37 239 040 9 33 9 35 8 37 li a B 4 1 3 43 2 M 40 2 42 6|44 10 47 3 49 7 51 11 54 4 45 47 6 50 52 6 55 57 6 j~> -- 50 2 53 2 56 1 59 62 64 11 67 11 56 3 59 5 62 li 61 B 6 8 9 7111 30 60 3 63 9;G7 4 701074 577 1181 6 67 6 71 3 75 II K 1 8 2 6 8fl 3 30 - 72 8 76 680 9 85 O^J 393 697 9 81 85 6 90 94 6 99 103 6 _ 1 2 2 2 2 2 ii 3 3 02 020 a 3 3 3 > 4 4 4 5 5 i 5 0505o r, 5 6 6 _ 5 6 0607 7 7 n - 8 07070 e ( t s 8 9 11 1 1 ll 1 1 1 -2 1 3 l i 14 12 121 3 1 4 1 5 1 5 L'*S 19 Inches Thick by 20 Inches Thick by ft ii 19 B20 B 21 B 22 I J 23 B 24 B 20 B 21 I 22 1! 23 B 24 B 25 B 1 . 2 6 2 8 2 9 21 3 3 2 2 9 211 3 1 3 2! R 4 3 6 2 5 5 3 5 7 511 ) 6 1 6 4 5 7 5U > 6 1 ( > 5 6 8 611 :, 7 6 711 8 4 8 ! ) 9 1 9 6 8 4 8 i I 9 2 7 1 10 5 1 _ 10 10 7 11 1 11 ' 12 2 12 8 11 1 11 e ( 12 :j 12 9 13 4 13 11 .") _ 12 6 13 2 1310 14 ( i 15 2 1510 1311 14 15 3 16 16 8 17 4 (> 15 1 1510 16 8 17 i i 18 3 19 16 8 17 1 18 1 19 2 20 2010 7 17 7 IS 6 19 5 20 4 21 3 22 2 19 5 20 t 21 A 22 4 23 4 84 4 B 20 1 21 1 22 2 23 I ! 24 3 '25 4 22 3 23 4 24 5 M ! 7 S 6 8 27 9 ;i 22 7 13 9 2411 26 5 27 4 28 6 25 26 C 27 9 C 31 3 in 25 1 26 5 27 9 29 ( ) 30 4 31 8 27 9 29 << 30 7 31 11 33 4 34 9 10 37 7 39 7 41 7 43 ' r 45 6 47 6 41 8 43 ( 45 1(1 47 11 t <0 52 1 2(1 _ 50 2 52 9 55 5 53 1 60 8 63 4 55 7 58 4 61 1 6311 66 8 69 5 99 62 8 66 69 3 72 ' r 7510 79 2 69 5 7211 76 6 7910 83 4 86 10 3d 75 3 79 2 83 2 87 1 91 1 95 83 4 87 t 91 B M Id 1C K) 104 2 -'iti 90 3 95 ...i (i 104 ( (109 3 114 100 105 C 110 15 120 125 _ 1 3 3 3 o ; t 3 3 3 C ;j 3 0303 205 5 6 ( ! 6 6 6 t li C C> 0707 308 8 8 ' 9 10 8 ( <) 010 10 10 61 1 31 1 4 1 5 i i i 1 6 1 7 15161 li 1 7 i el i 9 BiUA 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?~ 2 Inches Thick, by 10 to 28 Inches Wide. ^S 10 11| 12, 13 14 1 15 16 1 7 18|19| 20 21| 22 23 24 25 26 271 28 ~13~ 22 24 26 23 30] 33 35 3 7 39 41 43 40 48 50 52 54 50 59 61 14 23 26 23 30 33 35 37 4 42 44 17 49 51 64 56 58 61 63 65 15 25 28 30 33 3f > 3s 40 4 3 1.- 18 50 53 66 68 60 63 65 68 70 16 27 29 32 35 3' r40 43 4 } 1- 61 63 60 59 61 61 67 69 72 75 17 28 31 34 37 4( ) .J3 45 4 s 51 64 57 GO G2 65 6s 71 71 77: 79 13 30 33 36 39 4i 15 48 5 1 5 57 60 63 66 69 72 75 78 81 84 19 32 35 38 41 4< IS 51 5 1 5' (iO 63 67 70 73 76 79 82 86 fc9 20 33 37 40 43 4' 50 53 5 7 6( 63 67 70 73 77 .-() 83 87 90 93 21 35 39 42 1 46 4( 53 56 6 (j: (57 70 71 77 81 84 88 91 95 98 22 37, 40 44 48 5 55 59 6 2 6( 70 73 77 H1 84 88 92 95] 99 103 23 38 42 46 50 '5' 58 61 6 ") 6! 73 77 SI HI 88 99 98 100 104 107 24 40 44 43 52 5( > 60 (54 6 8 7S 76 HO 84 Be 93 90 100 104 108 112 25 42 46 50 54 55 63 67 7 1 7.' 79 83 88 92 90 toe 101 108 113 117 26 43J 48 52 56 6 65 69 7 1 7.- 82 87 91 95 100 104 108 113 1 117 121 27 45; 50 54 59 63 68 72 7 7 81 86 90 95: 99 104 108 113 117 122 126 23 47 51 56 61 65(70 75 7 S 89 93 98 103 107 112 117 121 126 131 29 48 53 58 63 63|73 77 8 3 87 92 97 102 106 111 116 121 126 131 135 30 50 55 60 65 70 75 80 8 ', 38 41 44 47 50 53 66 5S 61 61 67 70 73 76 79 15 31 34 3^1 41 44 47 50 53 56 59 63 00 69 72 75 78 HI 84 16 33 37 40 43 47 50 53 57 60 68 67 70 73 77 SO 85 87 90 17 35 3943 46 50 53 57 JO M 07 71 74 78 HI 85 Hi) 92 96 IS 3s 41 ! 45 4!) 53 5(5 60 61 68 71 75 79 83 86 !)0 94 98 10] 19 10 44 48 51 55 59 63 67 71 75 7!) S3 87 91 95 99 103 107 20 12 46 50 54 58 63 67 71 73 79 S.3 ss 92 96 100 101 Ills 113 21 11 48 53 57 61 66 70 71 79 s.3 S^ 93 96 101 105 10') 111 116 22 46 50 55 60 64 69 73 7s 83 87 92 96 101 105 110 115 119 124 23 is 53 58 62 67 72 77 HI 86 91 96 101 105 110 115 120 125 129 21 50 55 60 65 70 75 80 86 90 96 100 105 110 115 120 125 130 135 25 52 57 63 (is 73 78 83 H9 91 99 101 109 115 120 125 130 135 141 26 51 60 65 70 76 81 87 92 9<- 103 10- 111 119 125 130 135 141 146 27 56 62 68 73 79 84 90 90 101 107 113 us 121 129 135 141 146 152 28 us 64 70 70 82,88 93 '.V 105 111 117 123 12S 131 110 146 152 158 29 60 66 73 79 85 91 97 103 109 115 121 127 133 130 115 151 15?; 163 30 63 69 75 HI 88 94 100, 106 11.'! 11!) 125[131 138 111 150 156 163 169 j?~" 3 Inches Thick by \Q to 27 Inches Wide. ^k* 10 11 1 2 13 11 15 10 17 Is 19 20 21 22 23| 24 2.) 26 ~13~ 33 36 3 9 42 46 49 52 55 69 62 66 (is 72 75 7s 61 85 14 38 39 4 2 46 49 53 56 60 03 67 70 71 77 HI 84 68 91 15 38 41 4 5 49 53 56 60 til 0- 71 75 79 83 H6 90 91 98 16 10 44 4 8 52 56 60 64 0- 72 76 so Si 88| 92 98 100 104 17 13 47 5 1 55 60 til 68 72 77 HI 86 S!) 94 98 102 106 111 18 15 50 & 4 59 63 68 72 77 SI 80 90 96 99 101 10- 11.3 117 19 48 52 & 7 62 67 71 76 HI 80 90 06 100 105 109 111 119 124 20 50 55 t 65 7(1 75 BO 86 90 95 100 105 110 115 120 125 130 21 53 58 e 3 68 71 79 H-I H9 95 100 105 110 116 121 126 131 137 22 55 61 t 6 72 77 83 SS 91 9!) 105 110 116 121 127 133 13s 143 23 68 63 ( 9 75 81 86 92 9S 101 109 115 121 127 1.32 13S 1.1 .J 150 24 60 66 " 2 78 HI 90 96 102 1()S 114 120 126 132 13S 111 150 156 25 aa 69 ; 5 81 86 94 100 lOfi 113 1191 125 131 138 111 150 156 163 26 OS 72 "t 8 85 91 98 101 111 117 124 130 137 143 150 156 1(53 169 27 (id 74 J 1 83 95 101 10S 115 122 128 135 112 149 155 162 1(59 176 29 70 77 { !4 91 9S 105 112 11!) 126 133 140 117 151 161 1 168 175 182 29 73 80 f 17 94 102 109 116 123 131 138 145 152 160 167 174 Isl 139 30 75 83 10 98 105 113 120 123 135 143 150 15S. 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 24 25 26 19 US 42 i<; 111 51! 57 (il 64 68 n 7 80 89 S7 91 95 99 14 41 45 49 S3 57 (il 65 69 74 78 83 M; 00 94 98 102 lOfi 15 11 48 63 07 (il BB 7D 74 711 83 88 93 'Hi 101 105 109 114 16 17 01 BB (il 65 70 75 71) 84 88 08 08 103 107 112 117 121 17 BO 68 fin (il (in 74 78 84 80 !H 08 101 100 114 119 124 129 IS to ^ 88 (if 74 79l 84 00 06 log 106 110 118 191 126 131 137 11) 66 til 67 n > 83 Ml ill 100 105 ill IKi 122 1:27 133 139 144 90 5- lit 70 n 89 88 93 90 105 111 117 183 128 134 140 146 152 21 <;i U7 74 HI Mi 00 08 101 110 116 191 196 1% 111 147, 153 150 22 in 71 77 83 M !l(i io:s Kill 110 190 128 135 111 Mb 154 160 167 2.'J 67 74 81 87 84 1(11 1(17 111 I'M 127 J:M ill 148 151 161 163 174, 24 71 1 77 84 tt 06 105 112 119 196 133 110 147 151 Kil 168, 175 1S2 25 79 Ml K-i OB UK.' 100 117 194 131 130 14(i 153 160 Kite 175 182 190 2fi 78 B3 Dl BO m 111 191 129 i:<7 141 159 159J 167| 174 182 190 197 27 79 BO 95 111-2 mi 118 l-jii K!l 148 100 15- 165 173 1"! 189 197 205 28 89 M 98 106 in 133 l:il tae M7 I0B 188 172 1MI 188 196 204 212 96 !-r> M 102 11(1 II- 197 l:J5 144 109 Nil Kid 178 186 195 203 211 220 30 88 06 105 114 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 43 481 52 68 61 65 Gil 71 78 81 a 91 06 100 1041108 113 14 17 51 M (il 66 70 75 79 84 Ml ! 08 no 107 112 117 121 15 .-,(1 55 M 66 7d 75 60 BB 90 08 iee 105 no 115 120il25 130 16 B3 61 BB 75 80 85 ill 96 mi 107 119 1I7 133 128; 133 139 17 57 69 48 71 711 85 91 98 102 108 113 US 12fi BO 136 142 147 19 60 till n 78 64 90 96 102 108 114 190 I'M I.')2 ]:is 144 ' 150 1.56 19 63 70 76 88 89 05 101 108 114 120 vn 133 i:i 146 152 158 1(>5 20. 67 73 M 87 oa 100 107 113 120 127 133 140 147 isa 160 167 173 21 70 77 -1 !H OS 105 112 119 126 133 140 147 154 nil 168 175 182 22 7:1 81 88 00 103 110 117 125 132 139 147:154 161 160 176 183 191 23 77 84 92 100 107 115 123 130 138 146 153 161 169 17(i 184 192 109 24 80 BE 96 104 112 120 128 136 144 152 160 166J170 1-1 192 200 208 23 s: M 100 108 117 125 133! 142 150 158 107 175 l-:> 19B 200 208 217 ->; -'. 00 104{ 113 121 130139147 156 100 173 1>-J inl 1 199 208 217 225 27 M 99 108 117 126 135 144 153 162 171 180 189 198 207 216 225 234 28 93 103 112 121 131 140 149 159 168i 177 IS7 196 205 215 224 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 | 241 25 20 13 .'.1 60 6fl 70 7 81 87 92 08 103 108 111 ll!l 1-J5 130, 135 141 14 5- (il 71 7(1 82 ." 09 OB 105 111 117 OB I'.!- 184 140 146 152 15 i;:i BO 75 SI 68 94 100 MB m| H9 18& 131 138 Ml 150 156 1C3 16 M a M .-7 93 100 107 la 120] 127 133 140 147 103 100: 167 173 17 7! 7- BB n MUM 1l:i 190 128 135 140 149 150 163 170 177 184 18 75 BO '. n 105 113 120 VK 135 143 100 158 165 173 180; J8S 195 19 7!l S7 95 NO 111 119 127 as 143 !.-() l 166 174 189 190! 198 206 20 oj 00 100 108 117 125; 133! 142 150 158 1(17 175 183 19BJ 200 208 217 21 ^ M 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 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^ ajmao -'-i TCCTCO PO ^ j; o - e oco ^i-in ra --c o naao oo co>oo ooo coo JO2 S5 O H 00 O >OO i-itO COO cooin-r~c-'0' i^tooo -i codin oo r-co o 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

CO ,-i,-i ^T-I >

|CO>OCOOWU5aOpCOO-^ -^Or^ dd t*dCO COCO O 1 ^ 1 .-.S-HiSSSdd'fl 1 5iuo od d>o 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 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 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 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 . * 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 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>-; -. 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^"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*. 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 <"*22gggggs^^ I S I W jg , * 05 * 0^^0,> 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 ' 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 - s " 3 * S '^ '' ^ W o ^ t! =>000000~-Hr--4Cnn-*0Jt01-2gOgg 5 S -2 fi ^ s CO u 0000000000->CT!NOW * - h ^H u 0000=00 = 0000--- --C , o b O-Dolls. -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 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 " ) -i-_^Sos>Si- : X o * i t- SJ-rSo^ oooor-rtr-i ooraoo>o?ii!3xo ^^ " C4 CO T O o [u o 3 o o o -- -<-.r = 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 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 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 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 9-31 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

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 1-70 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 1-J81 1-33 1-52 1-71 1-90 2-09 228 2-374 247 2-00 20 40 -60 80 1-Ot 1-20 1-25 1-40 1-00 1 HI 2-00 2-20 2 40 2-50 2.00 2-80 21 42 -63 84 1-OC 1-26 1-314. 1-47 1-63 1-89 2-10 2-31 252 2-024 2-73 2-94 22 41 -GO 68 l-.l 132 1-371 1-54 1-76 1 OS 2-20 2-42 264 2-75 2-80 3-08 23 40 09 92 MS 1 -3S 1-61 1-84 2-07 2-30 2-53 2-76 2-874 2-99 3-22 21 43 -72 961-2I 1-44 1-50 1-68 1-92 2 16 2-40 264 2-fS 3-00 3-12 3.30 25 30 50 -75 1-00 I-2T 60 -90 1 20 l-5< 1-50 1-80 1-504 1-874 1-75 2-10 2-00 2-25 2-50 , 2-40 2-70 1 3-00 2-75 3-30 3-00 360 3-124 3-75 3-25 3-iiO 3-50 4-20 4(1 30 1-20 Hi02-(X 2-40 2-50 2-80 3-20 :; GO 4-00 4-40 480 5-00 5-20 5-00 50 0(1 1.00 1 50 2-00 2-50,3-00 1-211 1-80 2-40 3-00'3-eO 3-124 3-75 3-50 4-00 4-50) 5-00, 4-20 4-80 5-40 1 6-; 5-50 6-00 000 720 0-25 7-50 0-50 7-SO 7-00 8-40 70 1-402-10 2-80 3-5( 4-20 4-374 4-90 5-00 (i 30 7-001 7-70 8-40' 8-75 9-10 0-80 80 1-00 2-40 3-20 4 -00 4 80 5-00 5-60 0-40 7-20 8-00 1 8-80 9-00 10-00 10-40 11-20 90 1,SO 2-70 3-00 4-50 5-40 5-(i2! 0-30 7-20 8 10 ' 9-00' 9-90 10-80 1-25 11-70 12-00 H H 2-00 3-00 4-00 5 006-00 6-25" 7-00 800 9.00 10-00 11-00 12-00 12-50 13-00 14-00 A'o.v 15 ct 10 ct. l~ct.l3ct.\8*ct.Wct. -Met. 21 ct. 22 ct .i23e |24 ct 25 ct 2tirf.j27ct. 2 30: 32 -34 36 -37J 381 -40 42 -4' \ -4 3 -4* j -5(J 52 54 3 45 48; -51 54 5Cj 57| -60 63, -PC 5 -0 ) -75 ! -75 78 81 4 60 64! -63 72 75 7 V { (i 84; -S ) .{;, [ 1-01 1-04 1-08 5 75 80| -85 90 933 9 5 !( 1-05 1-K ) 1-1 5 1-2C 125 1-30 1-35 90 96 1-02 1-08 M21 1-1 t 1-5 1-26 1-3' > 1-3! 3 1-4-) 1-51 1-56 1-02 7 105 1- 12 1-19 1-26 1-31] Ml J 1"! 1-47 1-5- 1 1-0 1 l-ii- 1-75 MM 1-89 8 1 20 1 28 1-30 1-44 1-50 1-5 i l-( 1-08 l-7< J 1-8" 1 1 ft 2-(K 2-08! 2-16 9 1-35 1-44. 1-53 1 62 1-68J 1 71 1-80| 1-89 ! - 2-0 J 2 1C 2-25 2-34 2-43 10 1-50 1 IK) 1-70 1-80 1-87J 1-91 [) 2-( 2-10 2-2C ) 2-3< 1 24< J-.jl '2-OOI 2-70 II 1-05 1 76 1-87 198 IHM, 2-09; 2-20 2-31 2-4: > 2-S 1 2-CW 2-75 2 86J 2-97 12 1-80 1 92 2-(4 2-16 2-25 2-28 2-40 252 2-0- 2-7( i 2-8f 3 IK 3-12 3-24 13 1-95 2- 08 2vl| 234 2-43J 2-4 7 2-( (1 2-73 2-SC 1 2-9 ) 3-lv 3-25 3-38 3-51 14 2-10 2- 24 2-38! 2-52 2-02J 2-6( 5 2-f .0 2-94 3-CK i 3--j: ! 3-31 3-5( 3-64 3-78 15 2-25 2-40 2-55 2-70 2-81 j 2-85 3-00 3-15 3-3( > 3-4. > 3-fl( 3-75 3-90' 4-05 16 2-40 2- 50 2-72 2H8 3-00 3-fr l! 3-i I) 3-36 3-55 ! 3-Gf S 3-84 4-00 4-10 4-32 17 2-55 2- 72 2-S9 300 3-18] 3-2- J 3-1 3-57 3-7-1 3-9 1 4 -CIS 4-25 4-42 4-59 18 2-70 2-88 3'B 3-24 3-371 3-42: 3-00 3-78 39( 4-1' 4-3i 4-50i 4-69 4-86 19 2-H5 3-04 3-23 3-42i 3-5GJ 3-01 3-80 3-99 4- IS ) 4-3' 4 -a 4-7/51 4-94 5-13 20 3-00 3- 20 3-40 300 3-75 3-8 ) 4-( Ml 4-20 4-41 ) 4-0( i 4-8f 5-001 5-20 5-40 21 3-15 3- 16 3-57 3-78 3-93J 3-9- ) 4-i (1 4-41 4-65 ! 4-ff 1 5-IM 5-25 5-46 567 22 3-30 3- 52 374 3-96i 4-121 4-1 3 4-4 (1 4-02 4-P4 5-0( ! 5- 5-50 572 5-94 23 3-45 3-08 3-91 111 4-31] 1-37 4 00 4-83 5-06 1 5-2< 5-52 5-75: 5-99 6-21 24 3-00 3-84 4-08 4-32 4-50 4-50 4-80 5-04 528 5-5' ! 5-76 6(K) 0-24 6-48 25 3-75 4- 00 4 25 4-50 4-083 4-7 5 5-( 5-25 5-W ) 5-7. i 6-Of 6-25 0-50 6-75 30 4-50 4-0 5-10 5-40 5-024 5-70 6-00 6-30 6- I f-.POi 7.20 7-50 7-80 8-10 40 (i (id 6- 10 6-80 7-20 7-50 i 7-6( 1 8- (1 6-40 8.81 I 9.20 9.6(1 10-00 1040 10-80 50 GO 7-50 b-00 8-50 9-00> 9-374 9-50 10-0010-5011-00 11-50 12-00 12-50 13 00 1350 9-00 900 )(>20 1080 11-2.3 11-40 12-00 12-60 13-20 13-80 14-40 15-00 15-60 16-20 70 80 10-50 11-20 11-90 120013-124 13-30 14-IKI 14-7015-40 16-10 16-80 17-50 12O 18-90 12-00 12-80 13-00 14-40 15 00 15 20 10-0 '16-60 17-60 18-40 19-20 20-00 20-M) 21-60 90 13-50 14-40 15-30 16-20 10-874 17-10 18-00 18-90 19-80 20-70 21-0(1 22-50'23-40 24-30 mo 15-00 10-00 17 00 18-00 18-75 19 00 20-00 21-00 22-00 23-CO 24-00 25-00 20-00 27-00 118 READY RECKONER, BY THE PIECE, BUSHEL, fcC. The first column on the left contain* the NUMBER of ihe Article, and the column on the tops of the Tables, the PRICE. ffos 2 ct. 29 el 30 ct. 31 ct 314, ct. 32 ct. 33 c'. M l t ct.,34 ct. 35 ct. 36 ct. ,37 ct. J7J ct. 2 56 53 .60 62 -62J 64 66 661 OS -70 72 74 75 3 34' 87 90 93 932 96 99 1.00 1 03 1-05 1-08 I'll 1-124 4 1-12 1-16 1-20 1-24 1-25^ 1-28 1-32 1-33} 1 30 1-40 1-44 1-48 1-50 5 140 1-45 1-30 1-55 1-561 1-60 1-65 1-661 1-70 1-75, 180 1-35 1-874 (i 1-68 1-74 1-80 1-36 1 87j 1-92 1-98 2-00 2 04 2-lOi 3-1(5 2-22 3-25 7 1-96 2-03 2-10 2-17 2-183 2-24 2-31 2-33J 2-38 2-45; 3-53 259 2-624 8 2-24 2-32 2-40 2-48 2-50 2-56 2-64 2-1501 2 7-2 2-80: 2-83 2-96 3-00 9 252 2-61 2-70 2-79 2-8H 2-88 2-97 3-00 3 06 3-15 ! 3-24 333 3-374 10 2-80 2-90 3-00! 3-10 3-124 320 3-30 3-33i 3-40 3-50 3-60 370 3-75 11 3-03 3-19 3-30 3-41 3-43| 3-52 363 3-661 3 74 3-85 3-96 4-07 4-12^ 12 336 3-48 3-60 3-72 3-75 3-84 3-96 4-00 4 08 4-20 4-32 4-44 4-50 i3 3-64 3-77 3-90 403 4-06$ 4-16 4-29 4-33J 4-42 4-55 4-68 4-81 4-S74 14 3-92 4-06 4-20 434 4-37^ 4-48 4-62 4-661 4 70 4-90 5-04 5-13 5-25 15 4-20 4-35 4 501 4-65 4-63J 4-80 4-95 5-00 5-10 525 5-40 555 5-G2j 13 4-48. 4-64 4-801 4-96 5-00 5-12 5-23 5-33J 5 44 5-00 5-76 592 6-00 17 4-76 493 5-10 5-37 5-31J 5-44 5-61 5-661 5-78 5-95 6-12 6-39 6-374 18 504 5-22 5-40 5-53 5-62.] 5-76 5-94 6-00 6 12 6-30 6-48 6-66 6-75 19 532 5-51 5-70 5-S9 MM 6-03 6-27 6-a3J 6-46 6-65 6-84 7-03 7-124 20 5-60 5-80 6-00 6-20 6-25 6-40 660 6-661 80 7-00 7-20 7-40 7-50 21 5-83 6-0!) 6-30 6-51 6.-S6J 6-72 6-93 7-00 7-14 7-35 7-56 7 77 7-87J 22 6-16 638 6-00 6-82 6-871 704 726 7-33J 43 7-70 7-92 8-14 8-25 2-t 6-44 667 6-90 7-13 7-18 7-36 759 7-661 7-82 805 8-28 8-51 8-624 24 (i-72 6-96 7-20 7-44 7-50 7-68 7-92 8-00 S 10 8-4U 8-64 8-88 9-00 25 7-00 725 7-50 7-75 7-81J 8-00 8-25 8-33J 8-50 8-75 9-00 925 9-374 30 8-40 8-70 9-00 9-30 9-373 9-60 9-90 10-00 1C 20 10-50 10-80 11-10 11-25 40 11-20 11-60 12-00 12-40 12-50 112-80 13-20 I3-33J 13-60 14-00 14-40 14-80 15 (Kl 50 14-00 1450 15-00 15-50 15-624 16-00 16-50 16-661 1' 00|17-50 18-00 18-50 18-75 60 16-80 17-40 18-00 18-60 18-75 ! 19-20 19-90 20-00 ->( HO 21-00 21 -60 22-30 22-50 70 80 19-60 20-30 22-40 23-20 21-0021-70 24-00124-80 21-S7422-40 25-00 .25-60 23-10 26-40 23-33J 23-80 26-66 27-20 24-50 25-20 25 90 28-00 28-80 ,29-60 26-35 30-1 !0 90 2530 20-10 37-00 27-90 23- 12 J 23-80 29-70 30-00 3( )-60 31-50 32-40 33-31 33-75 100 .'8-00 29-00 30-00 31 00 31-25 32-00 a3-oo :W-33J 34 00 35-00 30-00 !)7-0( 37-50 NosSSct. 39 cf. 40 cf. 41 et.,42ct. 43 ct. 44 ct.145 ct. 46 ct. 47 ct. 48 ct. 49 ct. 50 ct. 01 ct. ~2 76 ~"-78 80 "821 ~-84 86 83 90 92 -94 -96 -98 MX); T-02 3 1-14 1-17 1-20 1-23 1-26 1-29 1-32 1-35 1-38; 1-41 1-44| 1-47 1-501 1-53 4 152 1-56 1-80 1-C54 1-68 1-72 1-76 1-80 1 S4 ! 1-88 1-9 2 1-96 2-00 2-04 5 1-90 1-95 2-On 2-05 2-10, 2-15 2-20 2-25 2 3( 2-35 24 2-45 2 50 2-55 6 228 2-34 2-40 3-46 2-52 2-53 2-64 2-70 2-76 2-32 2-S 8 2-94 3-00! 3-06 7 2-66 2-73 2-80 2-87 2-94 3-01 3-08 3-15 3 22 3-29; 3-3 8 3-43 3-50! 3-57 8 3-ltl 3-12 3-20 3-28 3-36 3-44 3-52 3-60 IH 376 3-8 4 3-92 4-(K)i 4-03 9 3-42 3-51 3-60 3-09 3-7S 3-87 3-96 4-05 4- 14 4-23 4-3 a 4-4 1 4-50! 4-59 10 3-80 3-90 4-00 4-10 4-20 4-30 4-40 4-50 4-60 4-70 48 4-90 5-00' 5-10 11 4-18 4-29 4-40 4-5l| 4-62 4-7 ! 4-84 4-95 5- 00 5-17 5" 8 5-39 5-50! 5-61 12 4-5S 4-63 4-80 4-92 5-04 5-16 5-28 5-40 5-52 5-64 j 5-7 , 5-88 6-00, 6-12 13 4-94 5-07 5-20 5-33 5-46 5-59 5-72 5-85 5- !>- 6-11 6-2 4! 6-371 6-50 ! (5-63 14 5-32 5-46 5-60 5-74 5-83 6-02 6-16 6-30 c- 41 6-58 6-7 a 6-86: 7'IH 9 7-14 15 5-70 5-35 6-00 6-15 6-30, 6-45 6-60 6-75 6- N 7-05 7-tf I. 7-35. 7-9 I 7-65 16 608 6-24 6-40 6-50 6-72 6-88 7-04 7-20 736 7-52 7-68 7-84; 8-00 8-16 17 6-46 6-63 6-80 6-97 7-14 7-31 7-48 7-65 7- -2 7-99 8-1 5' S-a3 i 8-51 ) 8-67 18 6-84 702 7-20 7-38 7-56 7-74 793 8-10 8-28 8-46 8-64 8-82 9-( ) 9-19 19 7-2-2 7-41 7-60 7-79 7-98 8-17 8-36 8-55 8- 74 8-93 9-1 2! 9-31; 9-50 9-69 20 7-60 7-80 8-00 8-20 8-40 8-60 8-80 9-00 9- 20 9-40' 0-e 1) 9-90 10-00110-30 21 7-98 8-19 8-40 8-61 8-92 9-03 9-24 9-45 !) 66 9-87 10-0 3 10-29 1(1-50,10-71 22 836 8-58 8-80 9-02 9-24 9-46 9-6* 9-90 10- 12 1 0-3-1 10-Si 5 10-78 11 -00- 11 -22 23 3-74 8-97 9-20 9-43 9.66: 9-89 0-12 10-35 10-58 10-81 11 -04 11-27 11-50 11-73 24 9-12 9-.-W 9-60 9-84 10-08 10-3210-56 10-80 11- 04 11-2811-5 2 11-76 12-00 12-21 .25 9-50 9-75 10-00 10-25 10-50 10- 75'H-OO 11-25 11- 50 11-75 12-01 [ 12-35 13-50 13-75 30 11-40 11-7012-00 12-30 12-00 12-90 13-20 13-50 13-80 14-10 14-40 14-70 15 00 15-30 40 15-20 15-60 16-00|16-40 16-80 17-20 17-60 18-00 18- 40 18-80 19-2 3 19 60 20 00 20-40 50 19-00 19-50 20 00 20-5021-00 21-50122-00 22-5023- HI 23-50 24 -Oi 3 24 -50 25-00 25-50 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 1!) M 9-88 0-40 10-07 10-00 10-26 1045 1080 11 00 1064 11 20 lUtfl 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 tl 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 M 2-48 12-72 12 i)6 ! 13-20 1344 I3-6S 13-92 14 10 1440 14-64 14-98 1 5-00 15-12 H 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 Od 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 54-00 48-80 40 60 50- CO 54-90 55-80 50-25 50-40 50-70 l(i(l 2-0' > 53-00 5400 55 00 5600 57-00 58-00 50-00 (;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 o 1-92 I-M 1-!I8 2- 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 u 7-04 . I/T 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. 2Vi 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 6-8i 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 ;ie-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 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, 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 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(!'. 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 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, 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. Aisn. 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, 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- < 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, ani 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 THE LIBRARY UNIVERSITY OF CALIFORNIA Santa Barbara THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW. Sories ! A A/">/"\ "'"''"'lllllllll