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

except those preparing for the legal profession only. ought to know clearly in each case the extent of the liabilities they are acquiring oi evading. Men of liberal education should find a peculiar attraction for its study. and the rights they are acquiring or bartering away just as fully as they do the value of the goods they are handling. No man can properly discharge the duties he owes to the pub- lic. Under our form of government. as well as the inconvenience. The chief subject treated in this volume is one to which no class of readers in thfe Canadian Commonwealth. Merchants and other business men who. outside the legal profession. pledging their own honor and sometimes the credit of those for whom they act in heavy financial obligations. they surely ought to be learned in the law. should also endeavor to understand their relations as members of the commun- ity. know as much about the laws governing society as they do about astronomy. and for whom they are frequently re- quired to act as legal advisers. could answer when it was "lawful to give tribute to CsEsar. agency." and when to withhold. and thus fortify themselves against injustice and fraud. and of the municipal laws in general. are entering into contracts binding themselves and others. can be indifferent. which would serve as an effectual check upon their agents and preserve themselves from gross and notorious imposition. and the obligation resting upon each as an individual. It is their landed property. Living continuously before the public. who spend years in apprenticeship to become masters in their calling. tenancy. Their legal rights and obligations are a sacred trust that they should be able to intelli- gently guard and justly honor. Gentlemen of independent means cannot afford to be deficient in this branch of learn- ing.Z78^ PREFACE. in every hour of the day. with its varied interests. and be as well virsed in its Teachers ought. or to himself or his family. at least. master and servant. in some degree. for it is incumbent upon every man to be acquainted with those laws with which he is immediately concerned. conveyancy. settlements and incumbrances. and acting almost in- variably in a representative capacity. without. voluminous train of conveyances. and for them to be in the least deficient in a minute knowledge of the legislation that has fixed the . of living in society without knowing the obligations resting upon him. and they should possess a full understanding of the leading principles in connection with estates. that forms the most extensive object of legal knowledge. Mechanics and artizans. to general principles as they are in science or history. possessing a definite knowledge of the laws by which all are bound. lest he mcur the censure. Clergymen cannot perform the duties required at their hands without a knowledge of th3 laws governing the people whom they seek to lead. and thus imitate Him who. with unerring wisdom. and men left to gather their knowledge of the laws subsisting in the community by costly expense or as best they can. A large portion of the Canadian farmers are extensive employers of labor. it is a marvellous thing that the study of the Law should be excluded from all the schools.

extending over a period of five years. Catharines. which the into the — constitution never intended in that famous bulwark of our liberties Trial by Jury. and power means a highar estate and greater thrift and comfort. it often occurs that persons. K. and fraught with serious consequences as to loss and possible penalties. also. and fixed the number of witnesses to their execution that are essential to their validity.. Knowleage always means power. energy. not only generously permitted this use to be made of that rich treasury. prevent justice. Even the working man has a duty to perform to himself and his family in under- standing the laws which define the obligations he is undei to his employer and ihe rights to which he is entitled. For the Commercial Law portion of this volume. understand the laws already existing before they assume to exercise a power to change or to modify or to abrogate any of them. all gentlemen are liable to be called upon to establish the rights. from whose lectures. Those especially who seek the honor of a representive position. Barrister-at-Law. but who also revised the manuscript of this volume before its publication. so as to employ his time. for the solution of which some legal knowledge is requisite.relative rights. to weigh the accusations. Lastly. these few requirements should be understood by all who would save their families from being torn asunder by litigation and their estates wasted in the law courts. and who. delivered before the students of the St. All men in a normal state of mind are ambitious. by every consideration of propriety. the author wishes to acknowledge his indebtedness to W. Again. Pattison. St. The method of Farm Bookkeeping will be found to be immensely practical and easy of adoption. The second part of this work contains a vast amount of information especially useful to farmers and mechanics. and to throw that undue tends power hands of the judges to direct. and sometimes to dispose of the lives cf their fellow subjects by serving upon juries. And when juries are incapable of doing this with reasonable propriety. As the law has made certain forms necessary in the wording of last wills and testaments. and of interest to every person. It is a duty the farmer owes to himself to keep accounts with his business. either through choice or necessity. principal and agent. and the penalties for a breach of contract a definite thing. either at Council Board. and that upon their oaths. Catharines College of Com- merce. of the business laws of Canada. write their own wills. and covet place and influence. In this situation they are frequently called upon. liabilities and obligations subsisdnp. Recent legislation has made the relation between master and servant. or to enact a new one. thoughts and capital in ways that will be most remunerative and lead to affluence. the obligations of each unmistakable. Esq. un- equivocal and plain. should. Legislative Assembly or House of Commons. 1S92. this volume h?is been almost exclusively compiled. control and even reverse thair verdicts. to estimate the injuries. it to lower their authority. . to decide questions of grave importance. between master and servant is a source of frequent humiliation. June ti. so that all who read may understand.

What constitutes a binding contract. — example. — 29 What constitutes a valuable consideration. and the United Statesrare similar. criminal. II. 22 Acceptance of pro- — position.— LAW. 14 Executed and executory contracts. 2t) — Proposition by mail. 18. 11 — Written or printed contract. when possible. 1 — — Sources of law. 4 Why the — laws of Canada. — sent through a mutual mistake. 13 Implied contracts. CHAP. — — 22 Use of telephone not advisable. marine and international law. Section. — when closed. 26 — Sufficient considera- tion. 23 — Assent obtained — through fraud. 33 Con. — includes Oral contracts. — sideration in regard to negotiable paper. statute.— CONTRACTS. 15 and IG — — Agreement. example. I. — 17 to 26 A proposition and acceptance. 9. W"^"* TABLE OF CONTENTS. 27 — What con- stitutes a good consideration. 24 Assent obtained through force. 18 and 19 Time — for assent to an oral proposition. Great Britain. 4 to 8. CHAP. the legal basis of a binding contract. civil. 3 Divisions of law : — 4 Commoii. 17 What constitutes a binding agreement. differs from other contracts. 34 — Contracts under seal valid without a con- . 20 'Implied assent. mercantile. of record. 30 When — — mutual promises bind. 10 what each. 31 When a conditional promise — binds. 21 Withdrawal of proposition. 28 — When it does not bind. 12 — — Express contracts. 2 Eepresentative bodies. 9 — Tliree classes" of contracts:simple. 32 Why gratuitous promises do not bind. under seal. 25 As. 19.

69 Assignment of an insolvent. combines. 50 Lux. 74 — Seven rules for interpreting contracts. bets. gambling. SiS — — Moral obligation. v sideration. III. GO various classes — Contracts against public policy . 44 — Minors. contract. riage void. 87 Injunc- .— PAYMENTS. 84— Breach of — . 37 examples. 83 Tender of payment^ — its legal effect. 7(). 47 — When parents or guardians are liable for debts of minors. — 200 Things held as necessaries for minors. 35 —(Head carefully) Illegal consideration. CHAP. when their con- liable for tracts. 62 — Going out of of business. All payments in money unless otherwise stated. 45 — When minors may contract. contracts in restraint of mar- strikes. 73 Statute of Fraud and — Perjuries. ruling — Compromise settlements. 82 the debtor's right. 64 — Marriage broking 65 illegal. 42— Persons competent to contract. the creditor's privilege. 77 If in — — property. buyiug on margins. 53 —-Minors enforcing contracts made with them. 72. when binding and when not. void. 70. 39 Failure of consideration voids the contract. 63 — Will as to wife's future marriage. 71 — Underbidding at auction sales. 69 Insolvent per. 86 — Remedies for breach of contract. 77. — — sons baying goods. 48 When minors only are liable. 54 — Lunatics. 81 Application of payments. 5G — Drunken persons' contracts. 46. Sell. — ate them. Impossible consideration. 41 Ee. 59 — Illegal contracts in void. 335 Innocent purchasers for value. 75 — Place of suit for breach of contract. 52 He may repudi. 164. 49 —A minor's note. 79 — To whom to be paid. 51 Minor coming — of age may ratify his former contracts. CO^TEWr^— Continued. when not their con- liable for tracts. . 40 — Partial failure a cause for dtimages. 78 — If in notes. 63 — Wills as to children's marriage. — ({uisites of a binding contract. — Contracts restraining justice void. 35 — Insufficient consideration does not bind. — uries for minors. 53 — Idiots. 61 — Contracts in restraint trade. 51 — Creditor's remedy. 58 — Contracts time of war. 55 — Lucid intervals of the insane. 84 — Arbitration and award. — ing personal property which is not removed. 57 — Indians. 66 —Innnoral contracts void. 80 — When payment is presumed. the Court's^ . 68 Misrepresentations of insolvent persons. 67 illustrations . : promising to pay for votes— Fraudulent contracts are void- able but not void. when fraudulent. 68 — How to void such contracts.

90 — The debtor and not the officer selects the exempted — 845 Judgment sununonses. 103 — Place for payment. the holder's rights. tioii. 110 A forged note.— NEGOTIABLE PAPEK. and when as to other creditors. sight and demand . — tel mortgages outlaw as to the debtor. I — handled. 119 — Chattel notes. 102 — Maturing on Sunday or a legal holiday in Can- ada. 89 Exemptions from seizure under a writ or landlord's warrant. various forms. 100. IV. 94. 104 Writing in lead pencil. — 108. a higher rate after maturity. 113 Partnership note different from joint note. 358 Defences. 123 all the various forms . vi CONTENTS— (7o?iY<. 98 — When mortgages outlaw. how to prevent — them from outlawing. 98. when compound interest can — be collected Wherein book accounts differ from notes as to interest. when registration is not necessary Interest. 98.— STATUTE OF LIMITATIONS. 99. shown the difference between time. — — negotiable notes. difference in liability whether name is on back or face — — A minor's note. 90.H^erf. how they are — (gage. CHAP. — — 105 The words " value received. 121 better than a chattel mort- . 122 — Acceptances. 91. 122 the legal rate in Canada. 98 — When book accounts outlaw. 101 — When a note or acceptance is legally due. how to continue . .\P. 97 When chat. 96 How an outlawed account may be revived. 117 — Patent right notes. 90 How the various purchases are treated. 111 — Individual — note. 112 — Joint note and respective liability — \ 1 of makers. :)45. 110 Notes signed by one who cannot write. transfer of such notes L --Accommodation notes. 115 Non. 91 Im- articles. I — 114 Joint and several note. •<JH. 120 Lien notes. v. 90. 95 what will prevent them from outlawing. 118. 107 Surety. 109 Note obtained through fraud. Promissory notes. 98 — How a creditor may apply a payment to revive an outlawed debt. 846— What articles are not exempt if the debt is for those same articles. — vive them agani. 92 — Kequisites to observe in drawing contracts. — — 88 Executions. what constitutes a valid note Days of grace. 95 What will re." 100 Cancelling the — signature and preserving redeemed notes. 344. how written. — — prisonment for debt. Time when promissory notes and acceptances outlaw. various pleas may be set up against a claim. when void and when not.

— 140 Relieving part of the goods destroys the mortgage. the exact wording neces- sary to use. 181 — Endorsing a part payment. how — used. cheque not legal tender. VL—ENDOESEMENTS. 124 . 137 iiot Orders. endorsing to identify only. Endorsement in blank. — sentment musij be made how to restrict the place of . how soon to be pre- sented for payment. — and how to treat them. forged . 184. 189. the usual form. paynient. receipt for payment on note or mortgage. why done and the charges. 141 — assignment of chattel mortgage. when presentment must be made. time for registering. 124. — and notes. affidavits. W^itnesses. 189. given to secure a former debt. 126. 141 Seizure — before making. various ways. 128 — Endorsement in full. 125 present form. Due bills negotiable. Protests. 142 Registering the discharge. given en eve of insolvency. . 188 Receipts not absolute evidence — of payment. Cheques. 129 — Kestrictive endorsement. VII. 188 . agents' receipts. 122 Acceptance for part of amount. certified cheque. CHAP. — 181 The endorsee's contract. 136. protesting not essential what will free the endorser. Endorser waving right of presentmput and protest. illustrative form. dating backvvai or forward. receipts for money by hand of third party. ORDERS AND RECEIPTS. vii drafts when each oiithiws endorsers of demand drafts . for legacy. CHAP. 127. 140. 128 Con. 187. correction of errors permissible. — ditional acceptance. 185 Relation between surties that endorse at same time. cheque. not compulsory to give receipts. 143. i-W^j^»lP^—y^^F^ LW^ i-Bt wipiii^H I H^ I CimTENTH—Continiaul. 184 Where pre. — — 355 Renewals. removal of goods to another county. . 140 Caution to debtor. for property held in trust. 125 Certificate of deposit. given for bor- rowed money. 192 — Collection of notes and acceptances. clerks' receipts.— CHATTEL MORTGAGES.— DUE BILLS. 182 What has to be done — to hold the endorser. CHAP. how long good against other creditors. or ^ date omitted interlineations made by liolder. 130 — How to endorse without becoming liable for payment. may be assigned. VIII. how long against the debtor.

XL— MARRIED WOMEN'S PROPERTY RIGHTS. 155 Sale of jjcrsonal — I)roperty. niortga^n's. 181 Wife legally — . 152 Amount of damage that may be recovered for the violation of a contract. IX. 174 — When underbidding is illegal. I VI II CONTENTS— Co/i///i//<?(^ CHAP. 152. 100 — 13uymg stolen goods. 14o search not only the registry otUce but the sherilFs olliee tor jiidgnients. years now required. 170 — Sale of book accounts. — ship by possession. 172 — Auction sales. llegistration of — 4\) l)c sure of the title. 101 — How to proceed in securing justice. Personal — and real property. 140 important clauses in a mortgage. IfuS Property sold nnist — exist. 167 — Conditional sales. 178 Wife selling her real estate without her husband's consent or signature. 15*2 What real or freehold includes. 101 What . X. 148 — Discharge of mortgagees. 108 liens and lien notes Goods stopped — — . — <'()nstitutes a fraud. CHAP.i. or 1884 respectively. — form for the assignment Suing of book accounts. 175 Sale of real — estate. 151. 14() Transfer of mortgages. — 158 Owne'-'s authority. 178 Owner.— PROPiniTY. 179. 177 — What makes a binding agreement for purchase — or sale of real estate. 104 Sales ou — trial. 151 — When mortgages outlaw. 173 Auctioneer agent for both buyer and seller. OiS — Oral agreement to sell personal property not bindin^^ for $40 and upwards. read carefully. 157 Mutual assent sometimes implied. 108 —When a bill of sale must be used. 156 — Distinction between barter and sale. 109 . 102 — What makes a binding agree- — ment to sell or buy. 180 — Husband's liability for her debts or dam- ages committed by her before marriage. acquired rights over otliers' property.— IMOUTGAGKS. 159 — Property having a potential existence may be sold — cates of all orders given. 105 — Sales by sample. in transit. 150 — Prepayment of mortgages after five years. or 1872. 154— High of way sold to others 1: . 141) — Unsatisfied mortgages may seize other ])roperty. 147 — Foreclosure of mortgages. damages stoppage Take dupli- for ille. The technical meaning differs from the common. 144. CHAP. and the collector's office for back taxes. 100 Fraud invalidates a sale. 171 . Present rights of women married since 1855. 102 Executed — sale. 180.

193 Credi. 185. and special agents. 183 — Selling her separate estate. 221 Limit for commencement of proceedings to recover wages by quick process. 202 General agents and their authority. 191 — Various things that relieve — the guarantor. not specially agreed upon. 192 Rights between pureties. 218 Servant's personal liability. 217 — Wlien the master is not liable.— GUARANTY AND SURETYSHIP. 208 Termination of agency. 213 . 184. 195 Priority — of claims among creditors. — tors' Relief Act.i<//?. 214 Discharge with — notice. 205 Agent's personal — liability to third parties. 221 Nine years — — the limit of contract. the husband's interest. 222. 220 The — . 189 Guaranteeing the collection of a note. — I CONTENTS— Co. 209. 204 Agent's obligation to the principal. various ways. — The three classes of partners. — Cause for discharge witjjout notice. 211 — Contract and obligation of — employee. writ'iig . 198. XIV. — mendation that become guaranties. 208 — Special agents limited authority.— PARTNERSHIP. 211 when it needs to be in . 225 — Special partner and his liability. 210 Master's liability for acts of servant. 188 Guaranteeing — — payment of a note. 18G example Letters of recom- . 212 Liability for damages notice to leave. 200 Agent's appointment. respectively. The guaranty that needs to be in writing. CHAP. XV. 207 Danger in paying money to an agent require evidence of . CHAP.we. 201 — Limit of agent's authority. 210. 198 Minors may act as — — agents. 187 When an — oral guaranty is binding. CHAP. — 220 Oral agreement good for one year. authority. XII. Contract of service and hire. 194 — Fraudulent preference. 197. ]8ii.— PRINCIPAL AND AGENT. her righiis then Wife dying witliout a will . — separation. 207 — — Sub-agents.7. 190 Creditor's — obligation to guarantor. 219— Termination of service. 200 — Principal's liability for acts of general agents. 223.— MASTER AND SERVANT. 215 — — Causes for leaving. CHAP. XIII. 224 Respective liability of partners. ix separated from her husband things that are cause for . 189 — Guarantee Insurance Companies. various ways. 190 — Assignment of an insolv- ent. contract with near relatives amount of wages if . What constitutes an agency.

\ j Advantages of incorporation. 201 Dic'. XVII. [ . 321 — Boarders and lodgers. The — three classes of tenants. 204 Moving out with the exemptions.raining for — I rent. 274 — Bailment. 258. 229-281 — Signing instrument under seal. 272. 241— — .— LANDLORD AND TENANT." its significance and penalties surrounding it. 90. 270 Landlord's compulsory repairs. 242 — Board of directors. 239 — Advertising in official Gazette. 340— The notice to vacate. oral. CHAP. 23(). 200— The landlord's legal powers. 255— The 1' landlord's covenant. 205— — Penalty for illegal seizure. 257— Who pays the taxes. 340— Selling the exempted goods. 208. CHAP. CJIIAP.the things that call for a dissolution. 259. 204. 344. . 245 Limited liability. 231 — When one partner binds the tirm. 345— Goods of third parties. 229 — Partnerships that are not — I trading firms. 202. TJie name. 20() I I —Evicting and doubling the vent. 244 Ihipaid stock. 207 — — Tenant resisting. . 250 — Landlords' and other creditors' t rights. 243 Books required to — I — be kept. 345 Fixtures. which ones are liable for damages. 227 What things the instrument i — should state. wharfingers and forwardhig merchants similar to carriers. 230 Church trustees and social organi/a- I I tions. XVI. CONTENTS— 6'o7ifm?/e^. or under seal — Oial lease good for three years written . 271. Three classes. 204 Raising the rent — simply by notice not binding. 201. 232 Dissolution of partner- ship . 347 Goods removed from — premises. 253 The lease. 254 written. 250 The v/ord — "limited. 272 When obliged to goods. 247 Transferring stock. for not registering in time. 254— Beware of the " Short Form " blanks. seal. 209 Repairs — • — on property. 234 — Retiring partner's protection from i future liability. 345. - — partnership agreeiiieut. 228 Hegistration of partnership the penalty . 252. — 237 Various kinds of corpo- ^ rate bodies. 203 List of exemptions. 251. 248 Dividends. XVIIL— COMMON CARRIER. 238 — How to form a stock company. what it is. 240 The petition. lease for over three years time requiring rej^istration and . 240 I f — Double liability. 2 Jy. 202 — — Exemptions. — I • — 249 Remedies against stock conjpanies. 273 receive — Responsibility of 274 carriers.— JOINT STOCK COMPANIES. 233— Business I after dissolution. — Wharehousemen.

— trator. 286 agent held to be the agent 'J'he . 805. 271 — Marine insurance. unitual companies and assessment companies or societies. 801 — Classes of policies. 310 — Who may write a will. 807 — Intestate. 292 — Xotice hre to he given. 30() Execu. 297 — The beneficiary. accuracy and prompt. | of the insured and not that the company. 1. — can now prove a will. 818 Changing of wills. — Three classes of companies stock 29(5 : companies. Who can make n valid will. not a natural heir— Things is that void a policy. 284.J3oarding liouses. CHAP. | 285). 275 Pavvn. damages for delay conductor's badge . XX. ^i 28T. 299 — Notice of death. 316 Preventing litigation. 285 — Six —general cases which a policy in is | ! destroyed or vitiated. 288 — Adjustment of the loss. 814 Codicil— — to a will. soldiers' and sailors' wills. damages to person or pro. — i)rokers. XXl. — tors. left as security or hired. 287 — Goods of f removed to another building. 812 Only a li\wyer . KAIIAVAYS. 2H() The iiost's liability for property of guests )( stolen or burnt.—INSrPAXCE. Telegraph companies. 288. tament other things to be observed. . Hotels couipelled to receive guests except under five cir- — cumstances. —Life insurance. 315 — Charitable bequests not always valid. 298 when the benehciary . baggage for man and wife. ' xi •275 — 13ailee's obligation liabilities assumed when pro- . . . 317 — Sundry important items. CHAP. removal of . 809 Adminis. 800 — Action to recover if company refuses to pay.— HOTKL-KKKPKPtS. 808 — Heir or legatee. COWrE^^TH— Continued. 204 — Insured when at 295 sea. 278 secrecj'. CHAP. . Fire insurance. XIX. 811 Requisites to a — valid will two witnesses necessary the hist will and tes- . 805— The testator. 277 . 296 — Who may insure. 280. 277. 808 — xAccident insurance policies. 276 — Must have license and their sign exhibited. perty is l)orrowe(l. XXII. 282 — The lu)st's lien on goods of guests. perty jumping off a ]iioving train: return tickets. 818 Legacy to a friend. 804. lU'SS. of I 298 — Amount of loss paid.— WILLS. CHAP. 802 — Suicides. checks for baggage. 27(). Alarm country crossiugs persons walking on tracks at .

347 — Notice doubling the rent. when the wife administers heirs of an unmarried person. insolvent debtor selhng his goods tobacco for boys find. xii CONTENTS— Co?iifm«e6?. miscellaneous short rules and practical measurements . 351 — Wife not debts contracted liable for family. 337— lease. Twenty-five offences for which persons may be extradited between United States and Canada. — ![ — 825 Injuries received through defective sidewalks and !1 roads. 358 Copyrights. . 331 — Chattel mortgage. statutory deed. 319. . ing money garnish^eing wages following debtors into . XXIV. .— EXTRADITION. 355 articles — Purchasing stolen property. CHAP. cost. articles for 350 — Husband cannot mortgage wife's goods. administration . 354 — Relieving covered by a chattel mortgage. 319 Jurisdiction of Canadian Courts. 324 False pedigree. 346 — Raising the for rent by notice. Forms for various legal instruments .— VARIOUS GUARDS AGAINST FRAUDS. 353 — Refusing to accept part payment on a debt. . 327. XXIII. 328. CHAP. 330 I t\ — Quit claim deed. 356— Money received for exchange applied on a debt. 329. 326 — Selling liquor to minors. 336— Farm lease. 334 —Bill of 335— House sale. 359. 338 — Agreement 339 — Registration for hire. Will. 361 Law of heirship. 344 — Tenant's exemp- of tions from seizure landlord's taxes. Right of way vahie received in a note for pedestrians . part. 320 — The legal force of the words " without prejudice. 343 Notice seizure for exemptions. United States." 322 — Replevin. 340 — Dissolution partnership.— SUNDRY LEGAL ITEMS. 333 — Renewal of chattel mortgage. farm bookkeeping. of nership. PART II. XXV. for articles left forrepairs selling such . 342 — Tenant's notice to vacate. CHAP. 318. 352 — Absconding for debtors. executors . 357 — Legal tender. 348 for — Priority claims among of 349 — Caring creditors. business addresses . — . 323. Form of accounts . payment. 332 —Discharge of chattel mortgage. 341 — Notice to of quit by landlord.

the Dominion Parliament including the House of Commona and Senate and the Legislatures of each Province. Owing to the fact that but few of the early inhabit- ants were able to read or write. REPRESENTATIVE BODIES. 5. because every princnple of the commou laio has long since found its way into print through the thousands of volumes of reports giving the rulings and decisions of the various courts. Lieutenant-Governor. which have been established by the community for the guidance of its inhabitants. after the various provinces became united under one government. The various races from which have sprung the English people brought with them when they invaded and settled in the country their respective customs and rules oi action which. DIVISIONS OF LAW. Congress and the various State Legislatures. In Canada. until a uniform body of law was established for the whole kingdom and thus called the common law. In the various Colonies the sigr^ature of the Governor-Greneral. whether written or unwritten. Common Law. laAV -will be defined as embracing all those rules of action. Statute Law. thus furnishin<2' prece- dents for guidance in all future oases equal to any written law as to uniformity and definiteness. 4. the la-ws -were for a long time simply preserved in memory. and in the United States that of the President or State Governor. As in this volume only municipal law will be dealt -with. In the United States. In Great Britain. 8. Throughout the British Empire and the United States the people are the source of all law. In Great Britain every Act passed by the people's representatives must have the assent of the Sovereign before it becomes law. CHAPTER I. The term tmtoritten does not now apply in the same sense that it did then. DEFINITION OF LAW. hence called the umoritten laiv. THE COMMON LAW is what is called the unwritten law. a. . 1. 2. Law is a rule of action. the Im- perial Parliament including the House of Commons and the House of Lords. 1. or other representative of the Crown must be obtained. SOURCES OF LAW. as the case may be. LAW. It had its origin in the early days of Britain. caused considerable confusion for a time.

or partly printed and partly written. "A contract is an agree- I ment between two ir more persons upon sufficient consideration to do or not to do somt articular thing. borrows money on a note. W^ is EXPRESS CO'NTRACTS are those where the agreement is distinctly stated and the things to be done or not to be done defi- . 1 Simple. Avhieh being passed. They do not require a consideration to make them valid. 6. The laws in Great Britain. 2. International LaAV. Of Record. becomes a law of the land under the name of {Statute Law. hence debarred from afterwards pleading "insufficient con- sideration. and all the manifold transactions taking place each day in community. You write a letter asking a person to come and clerk for you at $30 per month. WRITTEN CONTRACTS may be printed or written. thus making it the fundamental law of the English speaking people of the world. buying and selling. each one is a contract. Civil Law. except those agreements under seal. A railroad or steamboat company agrees to carry 500 tons of ooal. 8. 5. CHAPTER II. Contracts of Record are the entries in the rolls of a / i Court of its proceedings. ei-ecting buildings. 6—13 CONTKACTS. 11. it is a con- tract." S. Vi. and a j' person is presumed to enter into them with a full knowledge of their contents. Contracts Under Seal must of necessity be in writing. OTHER DIVISIONS OF LAW are: 1. 2. Criminal Law. 4. These divisions are used because of the ditier- ent objects to Avhich the law applies. It is a law that has been formally written out and introduced into Parliament as a Bill.Canada and the United States are very similar owing. it is a contract. 10. ORAL CONTRACTS are those made by spoken words. THREE CLASSES OF the fact that all the Slates of the Union. it is a contract. The seal indicates greater deliberation and solemnity in executing such contracts. 9. DEFINITION OF CONTRACT. adopted the old common hnr of England. Under Seal. and it prevails in all cases where it has not been abrogated or modified by Statute Law. UNIFORMITY OF LAWS. Marine Law. hiring. mortgages and bonds. . 1. as deeds. «. he accepts and comes. cheques. Constitutinal Law. So contracts inchide all business transactions whether great or fcimall. «. 7. he hires a man. A man buys a carriage. Mercantile Law." Contracts are the basis of all business transactions. 2. 3. CO NTRA CTS. Simple Contracts include promissory notes. except Louisiana. STATUTE LAAV is sometimes ealled the -written law in eontradistiuetion to the unwriKen or oommon law. drafts. leases a farm.

" etc. A PROPOSITION." A contract is composed. otherwise it is too late. but the parties themselves and the law presumes a tacit understanding as to the prices and the time of payment. Here the terms are all expressed. E'v«<mp]e: A customer leaves his order with a grocer to have delivered at his residence five dozen of eggs and $2. to be delivered ou or before the 5th day ol June and to be paid for on. IMPLIED CONTRACTS are those where the terms are not definitely stated but are presumed to be understood. Withdrawal may . buys a carriage and pays for it. Example: A fanner purchases a Self-binder for . 22. Any other change made in the terms proposed would have the same effect as if the second party would say to the first that he would accept the offer but could not pay for three months. 20. 17. the contract is finished. The other party says he will buy the horse but will only give $85. 1«. 21. In such case the two minds meet. CONTRACTS. WITHDRAWAL OF PROPOSITION. There is no assent here. In case a propositio. 18. AG-REEMENT is a mutual In the definition of a assent. This is not assenting to the proposition made but is a new proposition. TIME FOR ASSENT. or he buys it now and agrees to pay for it at a certain date in the future. Nothing is said about the price of eggs or the number of pounds of sugar sold for a dollar. 14.00 worth of sugar. AN ACCEPTANCE must be the simple acceptance of tne proposition without any change of terms. 15. EXECUTORY CONTRACTS are those which are not com- pleted at the time the agreement is made. of a proposition and an acceptance of the terms and in the same sense as made. Example: A person leaves his order for a carriage to be completed in two mouths. The contract is not completed until the carriage is finished and the jDur chase price paid. If a time is fixed for acceptance it must be given within that time. An oral proposition which does not include any provision as to time ceases when the parties separate.^180. hence an agreement. 14—22 nitely declared.00. contract it was stated that "A contract was an agreement. When a proposition is made by letter the contract is closed when the letter of acceptance is placed in the post office. made by letter is to be withdrawn the letter of witdrawal must be in the post office before the letter of acceptance is placed in the post office.00. One man offers to sell a horse to anoth- er for $100. is Example: A person enters a carriage shop. A proposition may be withdrawn any time before the acceptance has been given. 00. An agreement is "something to which two or more persons give their assent. and there is mutual assent. or anything about payment. the 5th day of October. PROPOSITION BY MAIL. EXECUTED CONTRACTS are those which are completed at the moment the agreement made. The larger part of contracts is of this class. 10.

however. Any of these would con- stitute a sufficient consideration. because under duress. (1).00. ASSENT OBTAINED THROUGMI FORCE is not binding. ASSENT THROUGH A MUTUAL MISTAKE does not bind either party. ajid the propertv sold to satisfy the claim. Such a contract may be rescinded by the innocent party. 23. In every binding contract there must of necessity be a legal consideration and what the law denominates a "sufficient consider- ation. 23—30 CONTRACTS. 28. bo made by toleffraph or 1)y telophoue. (2). SUFFICIENT CONSIDERATION means the reason or inducement upon which the parties give their assent and agree to be bound. chasin[>' neces- saries at a store the assent oi' the father is implied and binds him. There is but small latitude. 27. A GOOD CONSIDERATION is one based upon natural love and affection. VALUABLE CONSIDERATION may be either a benefit to the person nuiking the promise. allowed in law for mistakes. or for cue month's labor. He must also refuse to ex<'rcise ownership over the subect-rnatter of the contract or accept anv ])r<>lits arising Irom it." It need not be a monetary consideration.'t. The cases menaoned under implied contracts hold here also. but he must do so immediately after he dis- covers the fraud. however. Inconvenience to the promisee A person — . It -would need to be returned promptly.ted by such a conveyance may bring an action to set aside the conveyance. He could not recover after- wards even if he desired to do so.s a valid contrat. NOT ALWAYS SUFFICIENT. or (2) a valuable consideration. or an inconvenience to the person to ivhom the promise is made. 20. A promise to give a deed sometime in the future would not be binding. A creditor affei.iO. IMPLIED ASSENT or acceptan(>e in many cases make. but may be either: (1) a good consideration. because of the mutual mistake. Example: A father may deed to his child a por- tion of his land and it would be valid. Example: Counterfeit money innocently passed by one person to another in payment of a debt and received as payment by the other party would be no payment. If assent is obtained through threat of bodily harm. A benefit to the promissor — tailor promises to make a suit of clothes for a person for |20. or a loss to the person to whom the promise is made. 24. 29. unless notice to the contrary has been g'iven. . but the latter would uot be safe unless th(>re Avere a witness. after the discovery. 25. A father in financial em- barrassment could not throuirh natural love and affection convey to v his son a portion of his property to save it from his creditors. ASSENT OBTAINED THKOUCrJl FRAUD is not binding on the party who was defrauded. because there was no actual assent given. imprisonment. One is as valid as the other. It may be something of value given or promised to be given to the person making the promise. Another example: The ^vii'e or childrpu i)u. or any similar illegal pressure it is void.

CON^^iDERATION IN REGARD TO NEGOTIABLE PAPER presumed. but tht conditional promise is not binding unless the consideration is complied with. publishing or selling immoral literature. 34. IMPOSSIBLE CONSIDERATION is an agreement to per- orm something which from its very nature is impossible. the employes being bound to so act in their respective services. The loss of time and int'o.^other person he would give it to lose a g-old him ii he could iiud it. 37. is gratuitous. they would not be binding. MUTUAL PROMISES are a valid consideration if made at thesame time. A man ii . and cannot be enforced. but if the condition. The party to whom they were given without value could not collect them. both parties are bound if the condition is met. even on the same day. In all such cases the party making the promise is not bound to keep it 3«. 3«. 35. For example. . without knowing there was no value given.^^^ A CONDITIONAL PROMISE is a suffi. already incurred in like manner. Promissory notes. In either case the promise is gratuitous and not enforceable. still he would be held for damages. Example: A man might agree as the consideration of some contract to walk from Buffalo to Montreal in six hours. cannot be legally en- forced.^ht. . 3».^ient consideration for a direct promise. will collect them. Example: A horse is purchased lor !$ 125. CONTRACTS 31—88 might watch and tell a. . becaiise it would be possible to have men and material enough at hand to perform it. or insufficient consideration.00 on the condition that he proves true in harness. At a different hou». GRATUITOUS PROMISES are not binding because there is no equivahnit given. however. and a third party buying them before maturity. An agreement upon no consideration. as it would be impossible of fulfilment. acceptances and cheques in is the hands of an innocent holder for value are valid. CONSIDERATION AS TO CONTRACTS UNDER SEAL Contracts under seal are valid Avithout a consideration. as smuggling goods into the country. agree to build a certain house in three days and be utterly unable to accom- plish it. or a vessel captain pro- mises his sailors an addition to their fixed wages if they will make extraordinary efforts during a storm. neither could third parties if they purchased them after maturity. 31. buying a lottery ticket. A farmer promises his hired men an addition to their wages in consideration of their making extra exertions to get in the mown hay before a threatening storm. even if they were issued without a consideration. ILLEGAL CONSIDERATION is where the act to be per- formed is forbidden by law. A promise to pay another's debt.ivenieuoe experi- enced m hunting for it would be sufficient consideration to make 'the promise binding. but he would wt be held by law. With such paper consideration is presumed. fails the purchaser is free to rescind the contract. INSUFFICENT CONSIDERATION.

who are able and willing to support him. PAitENTS LIABLE FOR MINORS. or giiardians. but not in law. It must be possible. . • 4<». It requires a consideration. 48. MOliAL OBLIGATION is bindiug in honor. are.TJREOF CONSIDERATION voids the contract. The contract caimoL be enforced. and refusing to pay for it. they become liable for the . FAII.M). but if he buys necessaries on account. A minor cannot make a note. PERSONS COMPETENT TO CONTRACT include all persons over 21 years of age and of sound mind. MINORS MAY CONTRACT FOR NECESSARIES. From what has been given the requisites of a valid contract may be summed up as follows: (1). PERSONS NOT COMPETENT TO CONTRACT are minors. 4:$. or his parents. wards the patent is Ibund to be void. the merchant from whom he purchased the article can sue and recover from him as though he were of age. do not bind their parents even for neces- saries. Example: A person agrees to give |:^00. in Canada. REQUISITES OF A CONTRACT. even for necessaries. 44. however. and collecting their own wages. 4«. unless unnecessary talent is called. 4a. but not so in Canada. 41. 4Y. all persons. persons wholly intoxicated. (4). It must be assented to by each and all the parties (5).00for a certain interest in a ])atent to manuiacture gas Mud afte-.liings he may contract for if he is not living with his parents or guardians. NECESSARIES FOR MINORS are usually reckoned board. idiots. In a few of the States of the United States females are of age at 18 years. under 21 years of age. or any person in a similar station ot life. What- ever are necessary for him in his station and condition in life '. While the minor is living at home and supported by his parents or guardians. but a fur overcoat or a gold watch would not be. the person from whom he bought them may sue and recover either from him. A minor purchasing anything held to be a necessary for him in his station in life.S. would be regarded as a necessary. 45 MINORS. (2). It must be legal (3). except for those under seal. (7). called in the law books Infants. It must be made ! by persons who are competent to contract. SU—VJ CONTKALT. MINORS NOT AT HOME and supporting themselves. (6). pay part ol the minor's bills for necessaries. Some require to be in writing and some under seal. insane. the parents should sometimes ll. unless notice has been given to the contrary. If. It must be without fraud. but the other party may obtain damages for the part that failed. whether male or female. PARTIAL FAILURE OF CONSIDERATION does not destroy the contract. they are liable for necessaries purchased by the minor. 4». clothing and medical attendance. A suit of tweed clothing for a son ot a mechanic.

he could not sue on the note. The same is true in regard to an idiot or an insane person. CONTRACTS. it must be established by legal proceedings to be relieved from a contract he may have entered into. Contracts for necessaries for him the law holds binding. h( wever. To be adjudged insane it is necessary to be so adjudged by a Com- mittee of Lunacy. has a reasonable time after reaching his majority in which to declare it void. Minors not home. 50. When a minor comes of age he may ratify made before age and his contract thus make it valid and binding. But unless the insanity is of such a nature as to be patent to everybody. He could not sue until the note matured. In some cases of insanity. may at sue and recover lor Avajies earned by themselves. 33. If it be impossible to restore the consideration. A minor having made a contract. and contracts made during siu^h periods are binding M . He may also rescind a contract that has been executed. A person who makes a contract with a lunatic is boi\nd by it as though ho were dealing with a person competent to contract. LUXURIES FOR MINORS would be anything beyond what the law classes as necessaries. if. They are also liable for any damage done or wrong committed by them. Persons Avho have lost their reason are mani- festly incompetent to contract. A MINOR MAY RATIFY HIS CONTRACT. given even for necessaries. 54. or other goods that had been destroyed by fire. no matter how young. For any such article bought on account. 53. the merchant has the power to replevy and take them back. also lor any criminal offence. These are called lucid intervals. he may still rescind the contract and recover the full purchase price. cannot be collected. the original goods are in his possession.HIS CONTRACT. No person but the lunatic or his legal representatives can void a contract that he has made. Although a minor cannot bind himself in a contract. 51. IDIOTS. o«. LUCID INTERVALS. Persons having so little intellect as to be unable to perform the ordinary affairs of life cannot bind themselves in a contract. still he can hold the other party to his agreement who makes a contract with him. but in such a case he must restore to the other party the consideration if it be within his power to do so. persons have intervals during which they are perfectly sane. 50—56 whole of them. LUNATICS. REPUDIATING. If a merchant should chance to take svich a note lor neces- saries. but he could hold the note until maturity and then sue on the open account and present the note as evidence of the debt. as in the case of buying live stock that had died. and supporting themselves. which is yet to be executed.they are. the merchant cannot compel the minor to pay. 55. A MINOR'S NOTE. as that would be the date of payment.

self not to engage in business again in a particular locality. say fifty years of age. are illegal. ALIEN ENEMIES.sed marriage. it would be void. CONTRACTS IN RESTRAINT OF TRADE. He could. and no court will attempt to enforce There are three general classes it. Marriage is held to be in the public good. but the Indian is not bound. The policy of a community is advance the public good. becaues lawful trade is considered for the public good. INDIANS. if the nature of the case makes it question- able. To be relieved from lial)ility on a contract he jnay have enter«'d into. ( 1 nal prosecution. A partial restraint of marriage. however. «4. ILLEGAL CONTRACTS.. Drunkenness will not relieve from rimi. may be valid. bind hini. ' '»«. The condition in a bequest in a will to i child that he or she does not marry is void. whatever contracts to are opposed to the general good are said to injuriously affect public policy. as where a bequest is left to a child on the condition that marriage should not be effected until the age of twenty-one. or in a certain line of business. incompetent to contract. A person moroly stroncrly under the influence of liquor is not legally.nd tion to minors and rendered incapable of binding themselves in a contract. void. All combines. 51). <«5. DRUNKEN TERSONS. A HUSBAND'S BEQUEST TO HIS WIFE on the condition I . Among such may be mentioned: «i2. he must be wholly intoxicated. or not to be done. i «l. and are. can only be determined by the court after reviewing all the circumstances in that particular case. it would be 11 void because that would be unreasonable. are illegal. jl But if the time fixed would be. THOSE AGAINST PUBLIC POLICY. I 67—64 CONTRACTS. 57. A person who makes a contract with them is bouud. as where a i merchant would out his business and agree not to engage in sell s business again of any kind. but. is illegal. hence. althougli he may he morally. i I of illegal contracts — illegal because the thing to be be done. Par- tial restraint. AN AGREEMENT to do anything unlawful is void. so as to be unable to use his reason. and thus I protected from fraud deception by beiiiii' placed in a similar posi- {'. the bequest is good. where it is reasonable. Our Indians are wards of the Crown. According to International law all I commerce between two nations at war is suppressed and contracts rendered illegal and void. by which the actions of others are to be coerced. as it would only be a partial restraint of trade. therefore. it would be valid because it would merely fix a date when ' there would be less danger of contracting an ill-advi. Organized strikes. IN RESTJ^AINT OF MARRIAGE. or say twenty-live years. nevertheless. I ! «0. hence any contract which wholly restrains mar- riage is void. as among manu- facturers by -which prices are forced up. however.

wagers. or continue to act under it after he has discovered the fraud. He must not accept any benefit derived from it. The party who has been defrauded may void the contract if he wishes. AN INSOLVENT'S MISRERRESENTATION. tif)— 70 that she doos not marry again is legal. IMMORAL CONTRACTS are void. m. Contracts to publish. UNDERBIDDERS at auction sales. An agreement of a public oilicial to do something (Contrary to his duty i-annot be enforced. heiu.A concealment of facts that are known to one and not readily discernible by the other. 70. If underbidders are employed. are fraudu- lent towards third parties. cannot be collected by the party who obtained it.. A purchaser whose bid has been forced up by such fictitious bidding immediately preceding his last bid. and that fact pub- . Contracts made on Sunday are void. and money promised him to use extra exertions in the discharge of his duty in a particular course cannot be recovered. A promissory note obtained through fraud. the obligation can be enforced. but upon coming into the hands of a third party. is guilty of a fraudulent act. because she has once been married.e not in restraint of niarria<> for value. may cancel the contract. If both parties practice fraud neither one can enforce the contract against the other. A MAliUIAOE BROKEU. «r. Contracts to de- fraud the Government by smuggling. or recover the goods if they have been shipped. «7. 09. employed secretly to run up prices higher than the real value of the articles. or he may affirm it and compel the other party to perform it. and all monev promised for such service cannot be collected. An insol- vent person representing himself as solvent in order to obtain goods on credit. CONTRACTS. are void. (2). But after an immoral course has been begun . The seller disco veriiiu. sell or forward ob- scene literatui'e are void. FRAUDULENT CONTRACTS are voidable. If he wishes to void it two things are necessary: (1). A contract to lead an immoral life is void.1': and an obligation has been given as compensation for damages. A contract to pay an auvnt for contracting a desirable marriage is void. be- cause that day has been set apart as a day of rest and business pur- suits prohibited. before maturity. All bets. An insolvent person need not disclose that fact to a creditor ircm whom he is purchasing goods unless he is questioned as to his finan- cial standing. and yet such as should be re- vealed. CONTRACTS TO OBSTRUCT THE COURSE OF JUSTICE are void. Examples of fraud: A statement ci facts that the party making the statement knows to be false. may void his purchase. He must give prompt notice of the fraud after he has discovered it. and even the money paid upon such a contract may bo recovered. would be valid and good ai>ainst the maker. gambling lotteries. are samxjles of fraudulent contracts. buying on margin and promises to pay for votes are void. raffles. or to give an incorrect invoice. and Avho did not know of the fraud. «8.

been varied by our Statutes: (1). in this country and in the United estates. not i'nuululont. yet it often happens that such is not the case. and translerring them to an innocent third party for value. This famous Statute Avas jiassed in the twenty-ninth year ol the reign ot Charles II. promise or under- taking made upon considerations of marriage. rather than the literal meaning of the words. P]acli of these divisions will be treated under appro- priate chapters. Contracts made for the sale of personal property. unless a Bill of I» 7. That leases of land for more than three years must be in writing. of Enu'land. but is not bindiny au.h is still retained in iiossession. STATUTE OF FItAUDS AND TERJURIES. must be in writing and under seal. (6). must be in writing. (. and still exists there. ASSIGNMENT OF AN INSOLVENT to save the property from his credit ors may be set aside by an action brought lor that pur- pose. 71. INNOCENT rURCHASERS FOR been adopted to interpret them when ambiguity occurs. F]very agreement. Every special promise to ansAver for the debt. or a promissory note.00 and .i. must be in Avriting. whi. and will use language in expressing them that Avill explicitly give their meaning. INTERPRETATION OF CONTRACTS. The following are those of chief importance: 1. must be in writing. and providing that certain contracts had to be in writing to be binding. or for any interest in lands. The INTENTION of the parties at the time the contract was made is considered. The owner it is mny also lix a price below which the goodw Avill not be sold. Contracts for the sale of lands. hence certain rules h. (3). but not as to creditors. unless part or all of the goods have been delivered. defavTlt or miscarriage of an- other. must be in Avriting. except mutual promises to marry.?. licly iiimoniici'd Ix'fore the sale. The following are the requirements of the Statute which come within the scope of this work as they have. 71—75 CONTIIAC' '^. Every agreement that by its terms is not to be performed Avithin one year. . 75. (4). A person ob- taininu' g'oods.j). It is valid as between the parties themselves. It was designed to pre- vent the fn^quent commission of frauds and perjuries in regard to the enforcing of old claims.'ainst creditors or subsequent purchasers. Although it is supposed that parties entering into a con- tract fully understand its terms.'.upwards. |ii (2). or he may reserve one hid lor hiniKeli. 72 SELLING rEI{S( )NAL PKOl^ERTY. gives them a valid title. with but slight change. or a part of the purchase price paid. or any other property through fraud. of $40. and various kinds of promises to answer for the debts of others. * 74. is binding as between the parties themselves.

any debt or contract may be paid in goods. and the courts will so construe it.s and phrases used will be yiveu the meaning in which they are enipluyed in thiit particular })usiuess. or in a reasonable time. otherwise it is and place will 2. even sotnetimes rejecting objectionable clauses and supplying omissions. 78. 7«i— 80 f Custom and usa(JE ol" that particular buHiiit'. or other property. it must be that way. according to the nature of the work to be done 7. 77. if at a cer- ifj tain place. PAYMENTS. lUit wliere the Statutes li-x a definite meaning. Counterfeit money. A promissory note or acceptance being merely a promise to pay is not an absolute payment. so as to give ellect to the common sense of the a^-reement. if to be sent by letter or by express. When no time is mentioned in the contract for its execution. does not discharge a debt. PAYMENT IN MONEY. If it is to be performed in another Province or country. it will govern its interpretation. a forged note or cheque given and received in good faith. \Vht>re the wordinjr of a contract is ambijruous. PLACE OF SUIT. PAYMENTS. Lihehal coNKTUUcrnoN. 0. IN NOTES. or in service. 79.ontract is doubtful. hence thero the suit should be. In case of trial for breach of contract the place of contract determines where the suit should be held. the presumption is that it must be done at once.nNI(!Ali AVOUD. 80. If such articles are not tendered at the time and place agreed upon. be n'g'ardi'il ^vhcvt^ the -wonliiiii' of the (.. 3. Construction as to place. Construction as to time. 7«. When one 4. IN PROPERTY. | Vauiations bet w ken wkitino and printing. they Avill invariably be coiistrued in th'vt sense. If iu gold. tJ. If the directions are complied with and the other party fails to receive the money. the debt is paid. it is a rule of the courts to construe it liberally. part of a contract is written and anothc^r printed. and if it is to be performed there also. TllK TK(. TO WHOM Payment should always be made to the per- 4 U . it must be in gold. Unless otherwise stated every debt payable in money. CHAPTER III. the debt becomes payable in money. The place of contract iu regard to real estate is where the real estate is situated. and if they are not paid at maturity the debt stands the same as must be there. it they disagree the written portion will be accepted. When the agreement is such. it must be in accordance with the laws of that Province or country. The law of the place where the contract is made governs its validity. Contracts made by letter have for their place where the Letter of ac- ceptance "was signed.


sou iiientionod in the oontnut, unless it be a negotiable instrumeut
then to the holder. If nothing- is said, then it must be to the creditor,
himseir, or to his legal rei)resentaiive, such as an ay-cnt or attorney.
Cart! must be exercised when making paynunit to his n^presentative
that said party is authorized to receivt; the moui^y.
«1. IMiKSUMTTlOX OF PAYMENT. A note, a.iceptance, due
bill or re-'cipt in the hands ol' a debtor is ])resumptive tsvidence that
the debt is paid, and will so hold unl(\ss there is othi^r positive evi-
deiic-e io the contrary.
HH. AlTLl CATION OV PAYMENT. Where a debtor owes
more than one de])t to the same cn^ditor, and they are all due, the
debtor has tht^ right to say on Avhich de})t tln^ y)ayment shall be
applied If the debtor does not say on which debt it shovdd b-ej^laced,
then the creditor may apply it as \u\ may desire. When^ neither the
debtor nor creditor makes the api)lication, but credit is nnn-ely given
for the receipt of so much money, in casts the business mattcns were
settled in court the court would api)ly the; ))ayment on the diibt that
is lonsidtsred the most burdensomt! to tlus debtor. If the debts wtu'e
a book account, an endorstMl note, a chatttd mortgage and a judgment,
th»! I'ourt would apply it on the jvulunient: If tin; debt AVere a l)Ook
account only, the court would nppiy tlu^ i)ayment on thtj earliest
H'.i. COMPROMISE. A largt; debt may be paid by a very much
smaller one wliere there is an agreement to that eflect. A disi)uted
claim may bt; paid by any sum where, there is an agreement to a<;cept
such sum in satisfaction for the claim. Tlui agreement should be iu
writing, or have a witness.
84. ARHlTliATlON AND AWAIID. In casts of any dispute
Avhere parties agre»> to leave the settlement to arbitration, they are
o})li<:t!d to accept tins award as final, providing the arbitrators keep
within thts limits ])rest'ribt!d lor them.
8-.. TlilNDEIl OF PAYMENT. A legal tender is the attempted
performance of a <"ontra(;t, Avhether it is to do something or to pay
something. If })ayable in goods, then goods of that kind and quality
must be oilered at the tsxat^t place and on the time called for in the
contract. If i)ayablt! in moiusy, it must be in the lawful money of
the country, if that is demanded. A creditor cannot be forced to ac-
cept a chtHjue as payment. If payment is not atjcepted when a legal
tender is oll'ered, interest stoi)s at that date, and no law costs or other
expenses can be required of the person making tins tendtsr,


««. BR1":ACII Ol^^ CONTJtACT is a failure to do what was re-
! I

quired, '.n- this doing of what was forbidden.
Ml «7. REMEDIES are the means which the law provides for the
enforcemisnt of the rights created by the contract. Remedies are

divided into two classes civil and criminal. The criminal are for
the punishnu'iit of crime and the protection of society; the civil
belong to the individual and enable him to enforce his personal

PAYMJvNTS. 88-^90
rights and obtain compensation for his private wrongs. His remedy
isby snit lor damag(>s. There are dillerent chisses of damages: (ij.
Compensation for the actual loss sustained. (2). Nominal, where the
refusal to perform the contract is not regarded as intentional, but
merely through inability to do so. {!}). Liquidated, where the amount
is previously agreed ui)on in (!ase damages should be aAvarded. (4).
iSpeculative, Avhere the proiits that would have v(>sulted from the
performance of the (contract (!an bi; estimated, they may be recovered.
(5). Exemplary, where for a malicious violation of a contract a sum
in excestj of th»^ actual loss is awarded as a j)unisliment.
88. INJUNCTION. Where a portion is doing something he
contracted not to do, or is inlringing upon the rights of another, au
order may be obtained i'rom the (lourt r(?straining him from further
action until th(^ (;ase has been legally adjudged.
81). I'^XKCIJTION. If a judgment is not paid an execution may
be obtained to seize and sell the debtor's property to the amount of
the judgment and costs.
DO. laEMl'TIUNS. The following chattels are exempt from
seizure undin- any writ, or from distress by landlord:
1 The bed, bedding and bedsteads, including a cradle in ordi-
nary use by the debtor and his luiiiily.
2. The necessary and ordinary w«!aring apparel of the debtor and

his family.
3. One cooking stove with pipes and furnishings, one other heat-
ing stove with pipes, on(! craiui and its appendages, one pair of and-
irons, one set of cooking utensils, one i)air of tongs, one shovel, one
coal s<mttle, one lamp, one table, s'.: chairs, one washstand with
furnishings, six towels; one looking glass, one hair brush, one comb,
one? bureau, one clothes press, one cloc^k, one carpet, one cupboard,
ont! broom, twelve knives, twelve forks, twelve plates, twelve tea
cups, twelve sau<;ers, one sugar basin, one milk jug, one tea pot,
twelve spoons, two pails, one; wash tub, one scrubbing brush, one
blacking brush, one wash board, thrcM^ smoothing irons, all spinning
wheels and weaving looms in domestic use, one sewing machine and
attachments in dome *^ic use, thirty volumes of books, one axe, one
saw, one gun, six traps, and such fishing nets as are in common use.
The articles in this sub-division enumerated not exceeding in value
the sum of $150.00.
4. All necessary fuel, meat, fish, flour and vegetables actually
provided for family use, not more; than sullicient for the ordinary con-
surni)tion of the d<^btor and his family for thirty days, and not ex-
ceeding in value the sum of !S;40.00.
One cow, six she(;p, four ho<rs and twelve hens, in all not ex-
ceeding in value |75.00, and food therefor for thirty days, and one dog.
*!. Tools and implements of or chattids ordinarily used in the
debtor's occupation to the value of s^ 100.00.
7. Bees reared and kept in hives, to the extent of fifteen hives.


The debtor may, in lieu ot keeping- the tools and implements
mentioned in Section G, elect to receive the proceeds of their sale in
cash, up to $100.00, in which case the ofiicer executing the writ
would pay over to the debtor $100.00, if those goods sold lor that
much net, and this amount the creditor could not seize.
AW the chattels so exempt from seizure as against a debtor,
after nis death, or in case he should abscond, the widow, or family
should there be no widow, are entitled to the exempt goods, and
such exempt goods shall not be liable to seizure under any attach-
ment against the debtor.
The debtor, his widow or family, or in the case of infants their
guardians, may select out of any larger number the several chattels
exempt from seizure. It is not left to the officer in charge to make
the selection.
None of the articles enumerated in sub-divisions 3, 4, 5, 6 and 7
are exempt from seizure in satisfaction of a debt contracted for that
identical article.
The exemptions, as enumerated, are not good against executic •

for debts which were contracted before 0(>tober 1, 1887, if the exei.
tion has indorsed upon a certificate, signed by the judge of the court
out of which the writ was issued, that it is for the recovery of a debt
contracted before the date here mentioned, viz., October 1, 1887. For
any debt contracted since that date, this Act applies, and the exemp-
tions may be claimed.
JUDGMENT SUMMONS. In case there cannot be prop-
erty found with which to satisfy the judgment claim, the creditor
may have the debtor summoned before the court to be examined on
oath as to the disposition ne may have made of his property. Every
such summons should be obeyed, for the person not making his ap-
pearance, at such time as directed in his summons, before the court
to be examined on oath as to the disposition he may have made of his
property, may be imprisoned for contempt of court. No person in
Canada cmbe imprisoned for debt except the debtor is about to leave
the country and the debt he is owing is $100.00 or over.
Alter such hearing before the Judge, the latter may order a weekly
or monthly payment, and if this sum is not paid the debtor may also
be imprisoned for contempt of court. If circumstances should arise
afterwards by which this amount cannot be paid, the debtor should
go to a lawyer and have a statement prepared to bring the matter be-
fore the Judge to have his first order set aside or changed.
it No other judgment will be enforced against a debtor while he is
paying off in this way one judgment.
«i2. DEFENCES. In any suit the defendant has the right to
set up some one or more of several pleas to the claims made
against him.
1. He may claim that he has performed his part of contract.

tornados. 3. is better to have a seal attached. 9«. as lightning. In drawing up a contract it would be well to observe the following: State accurately the names in full. STATUTE OF LIMITATIONS. STATUTE OF LIMITATIONS. will keep the paper alive six years from that date as against the party making the payment or the acknowledgment. That he has offered to perform it. and the different promises each one is to perform. with regard to outlawing. each item or purchase is treated as a separate account. and if not paid within that time they are fixed said to be outlawed. but the creditor loses his right to sue and recover payment. PROMISSORY NOTES AND ACCEPTANCES outlaw in six years after maturity or last payment made on either interest or principal. 4. BOOK ACCOUNTS outlaw in six years from date of pur- chase or last payment. hence the time commences to count the day after the third day of grace. A seal should be placed on all important contracts. A counter claim as an offsiit to part or to the whole claim of the other. instrument has already been signed it will be If the sufficient for the person to acknoivledgc his signature in the presence of the witness. The date of maturity is the last day of the three days of grace. "itemized. .) Throuiih the acts of God. unless otherwise specified. residences and occupations of the parties to the contract. The instrument should be signed in the presence of a disinter- ested witnr 3.OF CONTRACTS. or a written acknowledgment of the debt.) By public enemies. 5. Any payment. 93. That performance was impossil)lt\ (1. applied to the oldest items. inundations or death. This particular feature of accounts should be remembered. It is true economy to have all important contracts drawn by a careful lawyer. but there are many minor matters that should be submitted to writing that may be done by any intelligent layman. 93— 9(> 2. and all moneys paid on it are. ('2. The time within which the various kinds of debts must be paid is by Statute. as an invadinu" army. DRAWING. 95. That the claim has become outlawed. but that the other party re- fused to accept it. CHAPER IV. The debt is not cancelled. Accounts are. 94. or a promissory note draAvntorun several years. Even a church subscription. It makes them good for twenty years." that is.

a part payment or a written acknowledg- ment will revive them and keep them alive for six years again.a payment. even thousrh no money is paid. and in case of the mortgage ten years. it the merchant wants a part payment to keep all the items of the account alive. applied to the oldest items. MORTGAOE OX EEAL ESTATE will outlaw in ten years from maturitv or last payment 98. the creditor has the privilege of applying it to any part he likes. unless renewed. A debtor has the right. acceptances. It always pays to keep an account alive. The various purchases on dilfcrent dates being put into one bill and rendered to the debtor does not merge them into one debt so as to change the time for outlawing. it will only hold the property as security for one year. In case he neglects to do this. Money also paid by the debtor to the creditor. In promissory notes. 4' {)7." To lorm an "account stated.between the parties. hoAvever. })e merged into a single debt by what is called an "Account Stated. The payment of part of such an account does not keep the whole alive. As to other creditors. . to sayou what particular account it shall be applied. In case neither one applies it to any particular debt.. A definite formal settlement in writing. Avithout any in- structions as to what debt it should apply to. ^vhich must be done yearly. even though there is not much hope of receiving payment. will serve to extend the time six years. however. unless there has been a part pay- ment or a written acknowledgment. Where this has not been done. -when making. CHATTEL MOIITGAG^ES are g-ood for twenty years as between the debtor and creditor. even if it is not more than 25 cents on each. but they all remain entirely separate and six years from the date of pur- •chase of each item it is outlawed. he must apply part on every individual purchase. The items of an account may. it is by law. and will hold the property that m long. book accounts and mortgages that have become outlawed.1 ' J^7— 99 STATUTE OF LIMITATIONS." an agreement must be ci me to between the debtor and credi- tor by which the Tvhole account is ackiioAvledged.of any particular purchase. in cat*e of personal accouuis. may be applied by the creditor to any such debt that has been debarred by Statute. and thus revive it.

101. In Canada three days of grace are allowed on all notes and acceptanc^es. acceptances and cheques. 2. or order. If there be a condition expressed its character as a promissory note is destroyed and it be- comes nothing but a written agreement. 102. The instruments classed under "Negotiable Paper" are promis- sory notes. 3. The word which gives them this nego- tiability is bearer or order. 100. and those which are transferrable by indorsement are writ- ten payable to a certain person. whi<h are negotiable by endorsement: Certificate of Deposit. It must be payable in money. it must be paid during banking hours. Warehouse Receipts. lirm or corporation. 99—102 CHAPTER V. If it is made payable in any- thing except money its negotiability is destroyed and it is called a chattel note. "A promissory note is an uncon- ditional written promise to pay a certain sum ol money at a specified time or on the happening of a certain event. or bearer. There must be no condition expressed. which have no days of grace allowed. A note or acceptance is legally due on the third day of grace. except those drawn payable on demand. Bills of Lading and Coupon Bonds. Letters of Credit. and the holder takes the place of the payee. It must be made payable at some specified time or on the hap- pening of a certain event. PROMISSORY NOTES. J>J>. it would be as valid as if made payable after date. but besides these there are also the following. Notice carefully the three points in this definition. NEGOTIABLE PAPER. lirm or corporation. lAi . DAYS OF GRACE. binding on both parties but not negotiable. and may be paid at any time during the business hours of that day. Ne«?otiable paper iuoludes those instruments in use in a community which pass freely from one person to another by simple delivery or by indorsement. (See form). At the inception of a contract by promissory note the parties to the note are maker and payee. or the arriving at age of a certain person. MATURITY. If made payable so many days or months after the death of a certain person. Those which are transferrable by simple delivery are written payable to a certain person. After its transfer other parties be- come interested. as they are usually drawn. If payable at a bank. and re- quire to have the payee's name written across the back to be trans- ferred. NEGOTIABLE ['APEK. 1.

NOTE OBTAINED THROUGH FRAUD is void in the hands of the original holder. at three months. a note dated April 10th. or any legal holiday. either from him or his parents or guardians. If he writes his name on the face. 1(>4. and the three days of grace added makes July 18lh as its legal date of maturity. 106. otherwise he may have to is pay it a second time should the note fall into other hands. so would an endorsement in pencil be binding. unless that again were a holiday. P'or instance. In New York.j MATURING ON SUNDAY. A note or acceptance falling due on Sunday. A note or acceptance drawn with lead pencil would be valid. the aotual numbjr of day* must be counted. he becomes one of the makers. CANCELLING SIGNATURE. in which case it would be the day after that. If is an endorser only. falls due July 10th. lo. as it can be too easily erased and changes made. a note or acceptance falling due on Sunday or a legal holiday. These words are usually inserted in a promissory note. When making a part payment on a note the payer should see that the amount endorsed on the note. When a note is paid the name should never be torn off. and the holder of the note must meet the require- ments of the law in regard to presenting the note for payment. it means calendar months. If the time is expressed in months. There is the same necessity for preserving a redeemed note as there is a receipt. 107. but in Canada it is the day after. who gives value for it and does not know of the . 10t». A MINOR'S NOTE cannot be collected. but no person of ordinary prudence would use a pencil. therefore. but commences on the following day. as is usually done. In computing the time. and is. VALUE RECEIVED. with that of the maker. INK OR PENCIL. It is not necessary to the valid- ity of a note to mention in it any place of payment. If there is an endorser on the note. then it is better for the holder if it is made payable at a certain place. as he would have less diffi- culty in making the legal presentment required in order to hold the endorser. SURETY the person who agrees to pay in case the is maker fails to do he puts his name on the back of the note he so. PLACE OF PAYMENT. whether the holder presents the note for payment or not. is payable on the following day. and some other States of the Union. is payable the day before. the day upon which the uoie is dated is not included. 108. no. and not merely thirty days. but if he transfers it to another person before maturity. holden for payment. that it should be done. for various reasons. but simply draw one or two lines through the signature and file the note away as a voucher. "I^ 103—110 NEGOTIABLE rAPEK When the time is expressed iu days. The maker would then know where to find it at maturity. but it is desirable. 106. but they are not necessary to its validity.

however. at the Imperial Bank here. who thus promise to pay cither jointly or individually.111—115 NEaOTIABLE PAPER. has a good title and will collect it." and signed by one person. the parties mt st be sued jointly. but is a joint and several note. 111. St.e" pro- mise to pay. White." . A FORaED NOTE is void. No difference what the fraud may have been. The one-half can then be collected from the other pariy. so that nothing could be collected from him. for value received. 113 JOINT NOTE is written: "We promise to pay. If it should become necessary to sue in order to collect it. then the pur*'haser does not. for value. H. obtain any better title than the original owner possessed. this innocent holder. In the above note both parties are supposed to have received value and agree to pay it jointly. Although three or four may sign. although it has that form. but in that case it is not a joint note. and cannot be collected under any circumstances.00. or "We. but merely signed the note as a surety. If." and signed by two or more persons. had no interest at all. they are all individually liable for payment of the whole note on account of the partnership laws. PARTNERSHIP NOTE is also usually written "?<. April 4th. VARIOUS FORMS OF NOTES 112. by which each one is liable for the whole debts of the firm. who are not partners. he may be served substitutionally. is only liable for one-half the amount. as: "We. it is transferred after maturity. If. 113. however. in this case. in that case. John Winters. 1 14. or deception. J. If one of the parties left the country. 1892. if necessary There are several fo:ms for the wording in general use. iraud. in that case the whole amount would be recoverable from the other party who re- ceived the value." promise. Three months after date ivepromise to pay James Smith or order One Hundred Dollars. See follow- ing torm: $100. jointly and sc orally. or it was found that he was insol- solvent. and he should leave the country before maturity. then this third party will collect it. or either of us. and his address could not be ascertained so as to serve him. or even if it had been stolen. Each one. Catharines. one of these two parties. JOINT AND SEVERAL NOTE is one signed by two or more persons. INDIVIDUAL NOTE is written: "/ promise to pay. instead of having an equal interest in the consideration for Avhich the note was given.

On or before the Fourth Day of July.00. or simply 'T' promise to pay. John Winters. promise.of Toronto here. $100. 110. $100. But as the law now provides. St. because shorter. firm or corporation w^ithout inserting either of the words bearer or order. St. 116 NEGOTIABLE PAPER. W. . It is far better to iise order instead of bearer. 1802. he could sue both or either one. NON-NEGOTIABLE NOTES are those made payable to a certain person. Catharines. St. for value received. John Winters. Three months after date I /n'omise to pay James Smith One Hundred Dollars.00. that is if the one iirst sued were only a surety. and if the holder found it necessary to sue in order to recover payment. then that one could sue and collect from the other party. Both of the preceding notes are negotiable by endorsement only as they are made payable to James Smith or order. Sometimes they are written to pay a certain person. Three vwnths after date ire or either of us proi/iise to pay * James Smith or order One Hundred Dot tars. for value received.vTiiARiXEf!. April 4th. then he could dispose of them simply by delivery or passing them over to the purchaser. If they were written payable to James Smith or bearer. that is endorse them. The latter form is preferable. and it cannot be simply by delivery or endorsement. April 4th. because iu that case a note lost or stolen before it had been transferred could not be disposed of. Winter. at the Bank of Toronto here. I promise to pay IS to James Smith or order One Hundred Dollars for value received. 1892. at the Hank. The party who may purchase such a note takes it subject to all the defects and equities that may burden it. April 4th. hence if he wished to dispose of them he would be compelled to write his name across the back. and let as many sign it as are iuterestod it being an "I promise" lor each one. $100. H. 1892. Cathauinivs. C. the intention of the parties to this note that it should not be It is transferred. In the above note each one is liable for the "whole amount. even those written in this way may be transferred by endorsement of special -wording. 1892. just as he thought best. If he sued one and collected the whole amount from him.00. White. It may be assigned like a due bill or bank account. firm or corporation only. J.

\TiiAi{ixEs. One Hundred Barrels of good Baldwin Apples at market prices.00 or one year's imprisonment. who endorses it. PATENT TIKHIT NOTES AND ACCEPTANCES. even if the words bearer or order should be inserted. J.K IWPHR. but they may be transferred by issignment the same as a due bill or book account. "Whosoever is deceived thereby is not wise. The party assisting" to make the note may sign as the witness if no other person would be convenient. 885. Any note or acceptance given for a patent right. W. They are not negotiable. at 85 cents per bushel. April 4th. per annum. Tliere must. however.00. just as he wishes. 118. thus making himself liable for its payment in case the maker fails to redeem it \vhen it falls due. 117—120 Tlio . WINTERS. "G-iven for patent right. T. Five months after date I promise to pay James Smith.00. Cathaeines. They do not differ in form from any other. One Hundred Dollars. The party a note in this way may take hold of the pen sig'iiinir while his name is beini^ written or he may not. St. 1892. Following are two forms: St. 1 MK ACCOMMODATION NOTE is one given where there has been no value received. Avhii-h numes the date oi' maturity. 12(>. and is not thus marked. Fire months af'er date I promise to pay James Smith.'ibovc! lonn.iree niontlts after I promise to pay to the order of date James Smith. April 4. Catharines." The party receiving the accommodation usually makes his note payable to the person who is to lend his name. His "Witness: CiiAitiiKs Su. and appear to be innocent enougli.' r(>inmtMi(l"d. at his store. at the Bank of Toronto here." Any person who inten- tionally transfers a note he knows was given for a patent right. is liable to a fine not exceeding $200. or for any interest in a patent right. CHATTEL NOTE is one payable in merchandise of some kind instead of money.I. at his store. NE(rOTIAl'. X Winters. April 4th. James Winters. 1892. NOTi: SIGNED 15Y ONE WHO CANNOT WRITE 8100.mmkus. Murk. be a witness to the signature. is becoming a populitr ()iit\ and is to I). unless it has written or printed across the face of it th»^ words. St. 117. The purchaser of a patent right note receives no better title than the original owner possessed. is void. ivith interest at ei<^ht per cent. W. but a familiar quotation tells the whole story. C. One Hundred Bushels of good merchantable Barley. 1892. i . ho may make his own cross or he may not. for value received.


8imi>ly having eight or ten per cent. but we have no usury law. printed on the invoices does not mfike the charge legal. The lee is 10 cents. buggies. Then it can only be six per cent. to a third party. IBills of Exchange are divided into two classes." The foreign are usually sent in sets of three. a clause must be added like the following: "With interest at (the rate desired) until matur- ity.. Drafts are also iialled Bills of Exchange. For ordinary household furniture. and it is desired that it should remain at that rate after maturity also. There are three days of grace allowed on all except those drawn *'on demand.. Inland Oi Domestic. . and each sent by a different route. viz. VJ2— 123 In regard to organs. and the debtor may refuse to pay anything over six. one of the three being almost certain to reach its destination. the name and address of Iho seller must he painted or otherwise marked on the artii'le. ACCEPTANCE is the name given to a draft after it has been accepted. INTEREST. called the drawer. l)ut if not paid at maturity it will then commence to draw six per cent. 123. etc. The legal rate of interest in Canada is six per cent. and thereafter at same rate. ac^ricultural im- plements. at & specified time. to pay a certain specified sum of money." >to Book accounts differ from notes. called a set of ex- change. will be collected.. NEG0TIA13LK PA PER. A copy of the lieu also be left with the i)ur»haser. as the case might be. the note is sulHcient without the registration or the name being attached. etc.. but who is iinancially embarrassed. and a copy of the lien lilcd at the County Court Clerk's oiliee. and is written in the note. A book account overdue will not draw interest unless themerchant has it printed on his invoices and bills he gives with the goods that interest will be charged after u certain date. because other creditors cannot touch it. and a note drawing a lower rate than six. so as to guard against delays in case of accident. until paid. pianos. live stock. Any rate of interest that a man agrees to pay. called the payee. s<«wing machines. A note drawing a higher rate than six per cent.. unless the debtor is willing to pay more. ACCEPTANCES.. laa. Compoiand interest cannot be collected unless it is agreed in the contract be paid.. or on a different date. if not paid at maturity will rise to six per cent. If the rate is over or under six per cent. wagons. and Foreign. A draft is an unconditional written order from one person. if not paid at maturity will drop to six. A note drawn where nothing is said about interest will not draw interest until maturity.. With such a note a horse or wagon could be sold to a man who is believed to be honest.

April 4th. In the first form it was necessary to insert the date of acceptance. ha •would write across the liu e pretty well towards the upper end. and charge to the account if James Smith." He could make it payable at the Imperial Bank or any other bank if he wished This draft. for vol ne received. value received. Avbich is the lel'thand side. Winters. One Hnndrct Dollars. 1802. Winters tor acceptance. When the above drait would be presented. 128 NEGOTIABLK PAri-R. St. Hamilton. for value received. This draft W." and on the third the name was used.< Smith. Payable at my ofhce. W. but the acceptor changed that and made ii. say Ai)ril (Ith. 1892. being accepted April (ith. W. as it is payable three months after "sight. including the three days of grace. Catharines.00. Winters made payable at the Bank of Montreal: $100. Cath amines. Cathakinks. Three months after sight pay to the order of Jdines Hender- son. Winters would need a little time he may accept it in the usual way and take the three days of grace. St. April 4th. the words ''Accept- ed April G. The first was made payable to a third party.00.Tame. Winters." that is alter it was ])resented for acceptance. 1892. It will be noticed also that in the first draft the drawer made it payable at the Imperial Bank. Ninety days after date pay to the order of w//self. would fall due three months alter that. To W. The above* draft is supposed to be paid when presented. Winters. to W. Hamilton. $100. Winters. 'it IfM Winters need not write the date of acceptance. It will be noticed^that we have varied the expression of the payee in each of the drafts given. but if Mr. * In accepting the above draft. and charge to account of . One Hundred Dollars. In the latter t\\ o cases the drawer and payee are the same person. $100. <the sec( ud to " myself. Hamilton. which is 'payable after "date. St. . April 4th. at the Bank of Toronto here. thus making it ma- ture July 9th. at the Imperial Bank here.00. At sight pi'.' order of James Smith One to the Hundred Dollars. and charge to account of James Smith To W. as the time when it will mature is fixed in the draft. 1802."' W. being made payable ninety days after its date.

and if he does he must protest the bill. if there are any. 32. for instance. or on a Sunday.00. 1892. tha holder would have the right to insert the proper date according io the intention of the parties at the time the instrument was made. express their dissent. will keep a note or draft alive for six years from that date. within a reasonable time.s. and it is valid. The holder may refuse such an acceptance. It would not commence to draw interest until it was presented. F. but in all such cases where the original conditions of the draft are changed. The above form of draft has no days of grace allowed. In that case it would be accepted as other drafts. A note or draft outlaws six years from maturity or last payment. the holder has the privilege o| it is giving time. unless they are notified. mine received. plac- ing the date oi acct'ptance upon it. payable out of the funds of Amity Lodge.s made." ' In such a case W. . Catiiai. from 60 to 90 days. Treasurer. A note or draft or any other contract made on Sunday is void. they do not. as: "Accepted. A draft may be accepted for a part of the amount by writing •'Accepted for (naming the amount). or other pla<. but would commence at that date to draw six per cent. they are held to have given their assent to the change. A. A note or draft may be dated either forward or backward. An endorser on a demand note or draft is held for six years from the time the demand wa. through oversight. Winters.«^ that suits hisown convenience $100. An acceptormay also change the time." When a partial acceptance is made the drawer must be notified. A CONDITIONAL i^ CCEPTANCE is one in which the acceptor makes the payment conditional upon something contained in it. W. payable at his own St. Winters. To W. or a written acknowledgment. and thus remain bound. after receiving such notice. If not paid when presented. It commence to outlaw from the date of its present- would also ment. and charge to account of James Smith. No. no date were placed on a note or draft. On Brcwrt Jints. but is payable when demanded. Winters would not make himself personally liable. April 4. also the endorsers. 124. NECIOTIAULE TAFKl 124 . One Hundred (leiiiand /mif to the order of Dollars. & A. A part payment. the drawer and all endorsers are relieved. If. This is the arceptor's jirivilofro to make it payable at any bank. as. or revive it if it had become outlawed. M. If. but the change of amount or time does. The change of place for payment does not affect the draft.

and are subject to the eame laws.1| 125—126 NEGOTIABLE PAPER. A CHEQUE is a demand draft on a bank. 125." etc. lOO Formerly cheques were made payable to bearer." or "for rent. the bank is the loser. A cheque refused to be paid by a bank upon which it was drawn should be returned immediately to the drawer.^auii^ Smnh %\00m Qne. but the above is the standard form now used throughout the United States and Canada. CERTIFICATE OF DEPOSIT is a receipt given by a bank money deposited. Any interlineations made in a note or draft by the holder. fltpt-lC 4t'l'v. St. E»J^-S. A cheque is not legal tender. the same as notes. 'Mrl^^l^Z'^b 'Doffars. and the bank fails. TO THE OSaXJBSa OF . Che.^ues are negotiable. and will be cashed by any other bank. 120. 11 \^ A cheque may be made to answer for a receipt by inserting im- mediately alter the closing word what it was given for. Then it may be sent anywhere in the country and will be cashed by other banks. -will relieve both the maker and endorsers. They have no days of g-race allowed. 9lo. 1892" BflHK OF TOt^OHTO. h enco a convenient way of carrying money when it would not be de- sirable to have much cash on the person. Cheques returned to the depositor by the bank should be filed away. A cheque received should be presented for payment not later than the following day. i CHEQUES. SatPvat-ivve*. it would be the loss of the holder." or "for tuition fees at college. It is the or flame as a certified cheque. A certified cheque is one marked "good" by the ledger keeper of the bank. as "in full of account. and a person cannot be compelled to accept it in payment for a debt. It is negotiable and bears interest. . after it has been signed. If a bank pays a forged cheque. If it should be kept an unreasonable time. the same as receipts.

Endorsement in blank. 3. ENDORSEMENTS are for the purpose of negotiation. and the note or draft negotiable simply by transfer." and places his name under it. There are several ways in which this endorsement may be ^vorded and the effect varied in each case. The following is the usual form. The following are illustrations of the various form to be written acrof-s the back of the note or draft 1. ENDO RSEM ENTS. RESTRICTIVE ENDORSEMENT is where the endorser stops its transfer and confines the payment to some particular party as follows: "Pay to A. as the maker of the note or draft has been directed to pay A. ENDORSEMENT WITHOUT RECOURSE is where the note or d^aft is made transferrable. B. Winters or order." and sign his name underneath. or the one to whom he endorsed it over. B. or order. James Smith. B. James Smith. This. If such a note were lost no one could collect it but A. or for additional security. James Smith. Endorsement in full. Without Recourse. No subsequent holder can have any claim against such an endorser. He may wrice across the back "Pay A. but the endorser evades liability for its payment. Restrictive Endorsement: Pay W. 129. or order. however. only. now may be tranf erred by the same kind of endorsement as was given in connection with a promissory note. only. Endorsement in blank. B. B. "Without recourse to me. In this case A. James Smith. Without r< course to me. 2. There are three principal ways of endorsing a note or draft in general use 1. ENDORSEMENT IN BLANK is where the name only is written across the back of the instrument Such an endorser becomes responsible for its payment. 131. ENDORSEMENT IN FULL is where the endorser restricts the payment of the bill or note to some particular person. 5. Endorsement without recourse. 127. ENDORSEMENTS 127—131 CHAPTER VI. End(jrsement in full: Pay W. . 128. liiO. Specific Endorsement: For collection only on account of James Smith. 4. Winters. 2." and the name written underneath as in other endorsements. 3. cannot sell the paper without endorsing it.

that he will pay in case the maker fails to do so. That you look to him for payment. Specific' Endorsement: For discount only to credit of James Smith. or if he have left the country. 8. or by other hands. An oral notice is also legal.132—183 ENDOKSEMENTS. Winters hereby identified. If these things are not complied with the endorser is free. is James Smith. for deposit. and 3. 9. 6. 7. Endorsement of Part Payment: Received on the within fifty dollars. This notice may be sent by a notary. Specific Endorsement: For deposit only to credit of Jam lis Smith. H" it is not mentioned in the paper where it is payable then it must be at the place of business or private residence of the maker of the note or acceptor of the draft as the case may be. the holder then may present it at the post ofl&ce where he must be presented on the third day of grace lived. Specific Endorsement: W. No. By his endorsement he in effect agrees in good faith with all the subsequent holders that the instrument itself is genuine and all the names on it previous to his own are competent to contract and that the maker will pay at matur- ity. 8 is simply to identity the holder at the bank without mak- ing the endorser liable for payment. That the note or draft was presented for payment and notice given. ENDOKSEH'S contract. 2. TO HOLD ENDOh'SERS. No. J. If the note or draft is made payable at a certain place it must be presented there for payment.Ui3. and not on any other day either before or after. 6 and 6 are also precautionary measures to guard against loss in sending by mail or through other hands. and should be practiced bv business men more than they are. Hhis place of residence cannot be found after due diligence. The notice should be sent within twelve hours. The endorser might not receive the notice for several days or weeks after but that Avould not make any difference so long as it was mailed to his supposed address. S. for -which a separate receipt was given. To hold the endorser for pay- ment on a note or draft that has not been paid at maturity it is necessary: 1. . Nos. A similar notice is also sent to the maker. . but it is always better that it be put in writing. He thus guards against the risk that would be incurred in sending a cheque endosred in blank through the mails. or the holder himself may send it. valuable papers to the bank. 7 is where a cheque or bank draft would be sent to a bank at a distance. It during business hours. That payment was refused. 132.

even if there _is no endorser on them. with the words "and not else- where. If a note is made payable at a certai)i place. the holder may sue all or he may sue and recover from either one he thinks best. because the notary will not fail tosend a proper notice so as to legally hold the endorsers. the holder could sue all the endorsers. If the maker of such a note failed to pay. etc. If the first endorser. to each of the parties. Many a holder has lost his security by not presenting the paper for payment as the law requires. and the postage paid on them The more names on the paper. then the first endorser is secur- ity for all after him. 3_would collect what he paid . thus making him pay all. and that the holders look to him for payment." A copy of this notice is mailed to each name on the note or bill. In case he collects the note from one. however. 134. The charge for this notice is fifty cents for the protest and twenty-five cents for each notice he sends out. he is free. and the maker fails to pay. 134—136 Ifau extension of time is given. RELATION BETWEEN ENDORSERS. anJ. Notes and drafts made payable at a certain place should be presented there on the third day of grace. proved to be insolvent. who is also generally a lawyer. that pay- ment was refused. AVhen there is no endorser and no place mentioned in]^them for payment. 1 :iPi. if only two. as they would be where paper is transferred. If there an endorser. hence was security for both. amount. without having the consent of the endorser. because he endorsed first. the last two could each collect his share from the first. PROTEST is a notice sent by a notary public. If the endorsements were at different dates. as has been described. of course the greater the expense. It contains the three facts already enu- merated: "That the note or acceptance (giving its date." if it is not presented at the time and place interest stops at that date until it is presented. then that one may collect a proportionate share from each of the others If there were thr-^e of them. Protests are always used by banks. and the second and third had to pay the whole debt. COLLECTION OF NOTES AND DRAFTS. to the maker and endorsers on a note or accept- ance not paid at maturity. 13«. he could collect one-third from each of the other two. then No. ENDORSEMENTS. by whom made and endorsed) had been presented for payment. never- theless. but the same caution should. Pri- vate individuals seldom use them. or any one of them he might choose Say there were three. the holder then is not bound to present at all for payment. it he sued and collected from all. and also in forwarding a formal notice. that binds the holder. for a consideration. be taken in presentment of the bill for payment at the right time and place. Where two or more persons endorse a paper at the same time as security. presentment for payment must be made is at the proper time and place. then he would collect half from the other party. as it is the maker's business to ffo and take up his note.

00 W. Catharines. St. April 4th. Catharines. DUE BILLS. No. 187 DUE BILLS. because they are I not a promise to pay. W. fift// dollars. who are liable to him. 1892. ten dollars. The abovebrief form is in general use for small suras of money borrowed. Due James Smith Ten Dollars in goods from my store. in settle- ment ofaccoimt." This slip of paper should then be pinned fast to the due bill. ORDERS AND RECEIPTS. April 4th. 1892. 2 woiild have to pay the Avhole debt and then look to No. Winters. DUE BILLS. W^INTERS. W. W. and James Smith should notify the maker of the due bill that he had pur- chased it. 1892. St. ten dollars. A due bill is a written acknowledgment of • '1 a debt. 1892. and that the money is to be paid to him only. May 10th. Catharines. W. I. 1892. the person's name is not generally inserted. Du£ James Smith. hence was his surety. 137. W. Catharines. iiiiiiia . either by delivery or by endorse- : ment. The above is payable in money. 2. from No. $10. $10. because he endorsed before No.00. Winters. They may be transferred by assignment. St. April 4th. and as due bills are not negotiable. OR DERS AND RECEIPTS. April 4th. FORMS OF DUE BILLS. value re- ceived. Catharines. Winters. The above is payable in money. Due James Smith for value received. The following is a very good form: "For value received I hereby assign to 'ames Smith the annexed due bill. Winters. 8. no matter if the word bearer or order is used. St. U. Winters. and might sometime be in a posi- tion to pay. 1892. O. $100. Due on demand to James Smith one hundred dollars. 1 and the maker.00. A CHAPTER 'I VII. April 4th. St. They are not negotiable.

and then payment refused.00. Catharines. Mr. 139. OUDEKS AND RECEIPTS. Please deliver to Henry Summers thirty. Please pay to Henry Brooks or order thirty-five dollars and charge the same to account of $35. St. order is a or may be money. thirty- five dollars from the funds lejt loith you yesterday. Winters: — Dear Sir. DUE BILLS. RECEIPTS. H. Brooks. W. It is a creditor's duty to give a receipt on the payment of a debt. If the order is in favor of a third party.00.Tive dollars in goods from your store and charge to my account. St. Where he holds a debtor's note. r be preserved until settlement is made. H. April 4th. A receipt is a written acknowledgment of having received a certain sum of money or other value. St. or for some other purpose. or any other collateral security. H. but it throws the burden of proof upon the party who impeaches it. Please let Mr. the name of the party reoeiviiT* the goods or money should be mentioned in the entry. Catharines. Brooks have such goods as he may loith and charge to account of James Smith. An written request to deliver goods. Summers. H. Mr. James Smith: — Dear Sir. It may have been obtained before payment was made. or it may have been obtained through fraud. Mr. 1892. W. A receipt is not absolute evidence of payment. 1892. April 4. but generally he cannot be compelled by law to do so. Catharines. 1892. James Smith: — Dear Sir. $35. . the person signing the order should be charged lor the amount. It is evidence only that so much money had been paid. Winters: — Dear Sir. and th. 138—13 138. Mr. A receipt given in full of all demands to date would not destroy the creditor's claim for an additional item of account if an error had been made which he could satisfactorily prove. W. ORDERS. he is compelled to surrender it on payment. Mr. 1892. April 4th. Please pay to the bearer. Winters. St. on aiu-ount of the person making the request When such order is received and acceded to. Catharines. Summers. They differ from a draft in being more simple in form and generally for goods instead of lor money. but the burden of proof rests upon the party who gave it tot show wherein it is not valid. April 4th.

1892. When a receipt is likely to be refused. 1892. Received from James Smith one hundred dollars for three months* rent of store.00. Thorold. as well as loss of money. due April ist $100. April 4th. RECEIPT IN FULL OF ACCOUNT. April 4th. cheques. Summers. $100. When a receipt is given for money paid on a note or other con- tract. Received from James Smith one hundred dollars in full of all demands. Promissory uotes. 1892. W. No. No.00. Thorold. $100. H. $100. RECEIPT FOR RENT BY AGENT. Cosby. due April ist. acceptances. Hood). April 4th. April 4th. W. Received from James Smith one hundred dollars in full of ac- count to date. should be securely pre- i<erved where they can be conveniently referred to when needed. When a receipt is taken from an agent or collector it should have the name of the principal on it. 1892. April 4th.00.00. Cosby (for C..and an endorsement made. Received from James Smith one hundred dollars for three mon jhs' rent of store. etc. Thorold. 1892. SUMMERa. as well as that of the agent or collector. Thorold. Thorold. Paul street. . ORDERS AND RECEIPTS. The following forms of receipt are in general use: RECEIPT ON ACCOUNT. RECEIPT FOR RENT. when paid should invariably be retained as vouchers for payment.. in the payment of an account the second time. Every form of re- ceipt.t -I 139 DUE BILLS. RECEIPT IN FULL OF ALL DEMANDS. Summers. Receipts oiteu save loss of friends. Paul street.00 H. the latter should state the fact that a receipt was given and the receipt should state that the amount had also been endorsed on the note. I Received from James Smith one hundred dollars on account. 4 St. $800. H. payment should not be made except in the presence of a witness. 4 St. or other evidence of payment of a debt.

C. in full of account . Hood (Joues). Hood. .00. $40. 1892.jgainst Henry Summers. TiioROLD. dated October 2nd. Received from Peter Smith note at four months from this date for one hundred dollars. April 4th. April 4th. in part payment for his note in my favor. DUE AND RECEIPTS. due April 1st. C. 1892. April 4th.00. in full of all demands. Receive from Piter Smith. Received from Peter Smith one hundred dollars.00. being payment in full for six months' rent of farm.00. C. Hood. $100. on his mortgage in my favor. RECEIPT FOR RENT OF FARM. $100. Hood. in full of account. C. BILL8. Received of Peter Smith forty dollars. Received of Peter Smith one hundred dollars. which amount is also endorsed on the note. which amount is also endorsed on the mortgage. C. 1892. 0K1)EU8 139 KECEIPT OF MONEY BY HANDS OF A THIRD PARTY. 1892. 1892. Thorold. Received of Peter Smith one hundred dollars. 1892. RECEIPT FOR MONEY PAID BY ANOTHER. due April 2nd. RECEIPT FOR SERVICES. TiioROLD. $100. Hood. $10. dated December ^th. Received from Peter Smith one hundred dollars. Thorold. Hood. C. $100. April 4th. Hood. Hood. RECEIPT FOR MONEY ON A NOTE.00. i8gi. RECEIPT FOR PAYMENT OF INTEREST ON MORTGAGE. TiiouoLi). Young. in full of account. April 4th. 1892.00. Thorold.00. Thorold. April 4th. 1892. RECEIPT BY CLERK. Thorold. $100. one hundred dollars. in full for services to date. RECEIPT FOR NOTE. C. 1891.00. $100. by the hans of H. being amount in full for six months interest. April 4th. April 4th. Received from Peter Smith twenty dollars. C.

. April 4th. and that it was not done to protect the goods of the mortgagor from his creditors. C. decea'^^ ed. viz. the said Williams pays to the said Peter Smith two thnisand dollais W. it will not be binding against other creditors.i^istered at the County Court Clerk's olhoe "vvithin five days after their execution. St Cathauinks. Receircfl from Peter Snii/li our fur overcoat. Thorold. or his duly authorized agent. FOli LEGACY. They must contain a full desc^ription of the goods and chattels. A)>ril 4th. executor of the last will and testament of Henry Williams of Toronto. also where they are located and whose possession they are in at the time. This instrument. within ten days. Besides the affidavit of the witness. ETC. in^es made by the said Peter Smith in favor of Henry Williams.140 CHATTEL MOUTOAGES.: Three bonds and mort<:. CHAPTER VIII CHATTEL MOR TGAGES 140 A CHATTEL MORTGAG-E is a lieu on personal property. Received of James Smith. TV. Received from Peter Smith the papers described in the fuiloicing schedule.. RECEIPT FUR PAPEKS. Thorold. April 4th. or for money borrowed. in full of a legacy bequeathe me by the said last will am/ testament. ]iuss. 18f«2. They may be written by any person. They must be re. If a mortgage is taken merely as security for a debt previously contracted. a for a debt. RECEIPT ¥0\l PKOPEUTY HELD IN TRUST. that the mort- gagor is justly indebted to him for that much money due. they must also contain an affi- davit of the mortgagee. 18i'2. must be registered within fivedays. deed or conveyance of personal property as security It is." against other cred tors or subsequent purchasers in good laith. in order to hold the good. Hood. to bf kept in trust for him and delivered to his order without expense. 1892. so they can be readily distinguished. the sum of four thousand dollars. to beheld in trust and to be de- livered to the said Henry William'^ if. but they must be signed and witnessed and sworn to before a commissioner of the High Court or a notary public or magistrate. or for that much money paid. RECEIPT. Russ.

entirely forgetting that the duplicate is still on file at the Clerk's office. The assignment must be filed also at the County Court. DISCHARGE OF CHATTEL MORTGAGE. and the debtor should be certain that the instrument he signs does not give the creditor the right to foreclose the mortgage at any time he pleases upon some fancied breach of the covenant. but it may be transferred by assignment. "vvheu it would be set aside. To hold the goods against other creditors for a longer period than one year it must be renewed within thirty days before the year expires. CAUTION TO DEBTOR. Clerk's ofHce -where the chattel is registered. and in such case the mortgagee has no recourse against subsequent purchasers and mortgagees lor value. A chattel mortgage holds the claim against the debtor for twenty years. . instead of on(» year. but the word- ing of some of the mortgages gives the creditor the right to seize be- fore the debt is due. otherwise the goods are liable to seizure and sale i\nder execution. The discharge should be there also. If all or a ])()rtion of the goods covered by a chattel mortgage should be removed to another county. For this reason most chattel mortgages are drawn for eleven months. ASSIGNMENT OF CHATTEL MORTGAGES. It will hold the goods against other creditors for only one^year. CHATTEL MORTGAGEES. unless it is renewed within the year. showing to the public that the debt has been paid. It is a document describing the chattel mortgage and stating that the debt has been paid. 141—143 If money paid it "vvill hold against other creditors. 14J5. For an illegal seizure damages may be recivered. a certified copy of the mortgage must be filed with the County Court Clerk where they are removed to within sixty days. All chattel mortgages have not the same wording in the printed blanks commonly used. and to do so without giving any notice to that effect. Action must be taken within sixty days alter date of mortgage. and so on from year to year aslong as it runs. 142. nnless done is on the eve of bankruptcy. Many persons think that if they have returned to them thecopy that the mortgagee held it is sufficient. A chattel mortgage is not a negotiable instrument. because it is an instrument under seal. 141. When a chattel mortgage has been paid a discharge should be filed also at the County Court Clerk's office.

147. TKANSFEROFMORTGAGJiIS. A MORTGACrE on roal t'><t:ite is a det^d or oonveyuuco ot'the property by tlie debtor to the creditor to secure the payment of a cer- tain sum ot" money. 144--14y MUKTGAGEji. but may be transferred ])y assignment. The i assignment is also an instrument under seal.ime time this is being done the Sheriffs office should be searched to see if there are any judgments. m^ .OSl'RE OF MORTGAGE is where the debtor fails to meet the payments and the lender has to take possession and sell to satisfy the i-laim. When a mortgage has been paid the lender is required to give the borrower a discharge. then sign and register the I t mortgage and have the abstract continued so as to include the mort- ' gag*^.'. lyiSCIIAlUJE OF MOliTGAGf:. 01' three mortgages that might be given on the same property Ihe same Aveek or day. and must be recorded at ! the same place the mortuau'e is registered. There are various clauses in a morty-age that should be noticed. FORECJ. MORTGAGES. BE CERTAIN OFjTlTLES. 148. One provides that if interest is not jiaid it may be comi)ouuded. which is a statutory form of receipt. At the . 149. A raortgag-e is bind- ing' on the property as soon as it is executed. thiis making certain that nothini'. When this has been filled out and signed in the ]n-esence of witness.has been entered in the mean- time.sure them and charge the same rate of interest the mortgage draws. 14«.. the first one that is recorded is lirst mortgage. lir. an- i other that if taxes are not paid the lender may pay them and charge [ . it is registered by the debtor or borrower. Mortgages are not nego- tiable by endorsement. and the Treasurer's office to see if taxes are all paid. 144. With these j)recautions a safe title would be secured. Before paying over the mon y tliere should be an abalract of title i)r()»'ured. no ditl'ereuce -whether it was written lirst or last. CHAPTER IK. lil-]GI8TUATI0N OF MOKTGAG]<:S. duly sworn.". with a "proviso" that it shall become void upon t'iij payment of the debt and accumulated interest. but the lirst mortgage reuisteved is the ()iu> that has first claim. the same rate of interest that the mortgage draws: another one pro- vides that if the borrower does not keep the buildings insured for a certain specified sum the lender may in.

PROPERTY. 150—153
tm>. rNSATISKIKl) MORK^AGKS. If a mortirage for a ror-
tftiii amount covers i-crtaiii j>rojH'rti('8 of debtor whirh, ui)oii being

sold, do not i)ay tin; Avlioh^ *'laim of principal, interest and expenses,
and the del)tor lias other property, the morti^agiie can come on that
other property until his full elaini has been satisiied. If the deb'or
has no other j^ropi'rty then, but may acquire it afterwards, the mort-
irauee may jiroceed ai^ainst it any time within twenty years after the
maturity of the mortifajre.
ir,l. PIJEPAYMKNT OF MORTGAGES. .Alortqaf^es may bo
prepaid five years from date, no matter for what length of time they
may have been dra-wn, by simply paying three months advance in-
terest, li the mortgagee refuses to accept the moiu'y for principal
and interest, together with three months advance interest, he cannot
collect any interest thereafter.
Mortgages on real estate outhnv in ten years after maturity or
last payment of either principal or interest, unless re-ackuowledged.

legal definition of property is "The
riirht and interest Avhich a man
has in lands and chattels to the ex-
clusion of oth<'rs." A man purchases so many acres of land and thus
acquires the possession and exclusive right to its use. A man pur-
chases so many acres of land, and thus acquires the possession and
exclusive right to its use. lie drains it, plants it with fruit trees,
erects buildinas upon it, and thus int^eases its value. The soil itself
IS not his, but he has acqT\ired the right to its possession and use —
right that excludes all others frojn its use.
In the common language of the people property means the thing
itself. Thus, a man buys a bay horse; he calls it his property, but in
legal language it v )uld be his property in the bay horse. That is, the
right and title to i.s possession.
ir,;i. DIVISION OF PROPERTY. Property is divided into
Personal and Real.
1. persona] ])roperty includes all classes of property except lands
and buildings. It consists of such things as are movable from place
to place with the owner; as money, carriages, ma»^hinery, farm im-
plements, live stock, book accounts, annual crops, nursery stock, good
will and lease of property for a terms of years.
2. Real property includes lands, buildings, trees growing upon
the soil, and every source of wealth such as coal, gas, oil and minerals
that may be buried in the soil.
Temporary buildings not placed upon stone foundations nor

154—151) rROPKRTY.
nailed to the permanent Iniildiiiirs, triM-s and shrubs pliintod to be re-
moved again, as nursery stock, do not l)eeome a part of the realty.
Also temporary strut-tures inside of the building-, as counters,
shelving, etc., attached by means of screws so they can be removed
without injury to the property, do not biM-ome a part ot the freehold.
If, however, they are nailed to the building, they are considered a

part of it.
ir,4. OWNETl'S AUTIIOKITY. As the owner has a right to
the use and possession of the property to the exclusion of all others,
he may expel, even by force if necessary, any other person from his
premises. He can sell, or deed it away, or give it to his In.'irs, pull
down his buildings or otherwise destroy them, s !ong as he does not
interfere with the rights ot others.
If, however, a right of way has been sold to another person, as a
lane or passage of ingress and egress to his property, he cannot build
upon or otherwise obstruct or t'lose up such ])iissage over his lands.
155. lUGHTS OVEII OTHERS rROl'KRTY. If he has pro-
perty removed from the street or road, and pays another property
holder between him and such street or road a certain sum for a right
of way, as a lane, to reach his property, he a(>quires a perpetual right,
i!: •which also passes to his successors, unless otherwise specified in the
He may also acqtiire other rights over his neighbor's property.
For instance, he may erect a fine residence that commands a pleasant
view. His neighbor cannot afterwards erect a high fence that would
o])struct that \ iew, nor put up a l)uilding in such close proximity
that it would darken or otherwise injuriously affect such residence,
provided such residence be so erected for thirty years before such ob-
struction is attempted.
I'M. SALE OF PERSONAL TROPERTY. In the sale of per-
60 "'il property, as in all other contracts, the parties themselves must
> petent to contract. Ths seller must have a valid title to the
ity sold; the property must be something legal to be handled.
J. the sale must be without fraud.

157. PRICE is Avhat in other contracts is called consideration.
It is either paid in money or promised to be so paid. If it were paid
in goods or service it would be a bartei and not a sale.
158. MUTUAL ASSENT. The two minds must meet here as
in other contracts; the one willing to sell at a stated price and the
other willing to purchase at the price asked. Sometimes the price is
implied and also the promise to pay, as when a customer leaves his
order Avith his grocer for the delivery of certain articles. It is pre-
sumed that the price will be just and that the other party will pay
for them.
Smith a certain horse at a certain price, but alter the sale is concluded
it is discovered that the horse is dead, both ]Kirtie« having been


riiOPKUTY. 160—167
ignorant of the tact. There is uo sale, even though the money had
been paid
The natural products oi' the soil, tht^ increase of live stock or other
property may l)e sold in advance. For instance: A farmer may sell
his apple, peach or pear crop before the buds even began to show, or
the -vvool «dipped from his sh(H4i the following spring, etc. They are
uot yet in existence, but they are i)ossible; hence they may be sold.
Irtl. WITHOUT FRAUD. There must be no fraud, either
thronirh misrepresentation or through concealment of facts which
ouiiht to b(^ known and which the other party cannot readily dis-
cover for himself.
SALE. The sale of personal
property for any amount under !ii;40.00 may be made orally and be
l)indiim'; but for !i^4().00 and upwards the contract must either be in
writing, or a part of the goods delivered, or a part payment made.
Any of these three things make the contract for the sale of personal
property to any amount binding.
If either party should violate such a contract he would incur a
penalty to the amount ol damages the other party could prove he had
suffered by the breach of contract, which amount would naturally be
the price of the article. Illustration: A cattle buyer agrees to pur-
chase ten head of cattle from a stock raiser and pays $20,00 to bind
the bargain, and is to take them within ten days. After he goes away
he sees the market quotations show a great depression in-foreicu
prices and he concludes not to carry out his contract. He cannot re-
cover his !ii;20, but the stoc-k raiser can sue him for the balance of the
purchase money.
KW5. EXECUTED SALES. In sales that have been completed
there must be a delivery of the property and a continued change of
possession. Goods yet in cHarge of a railway or in a warehouse may
be delivered by handing over the bill of lading or warehouse receipt.
This is called a constructive delivery.
10+. BILL OF SALE. If the goods are not delivered, but still
left in the possession of the former owner,'a bill of sale must be regis-
tered at the office of the Clerk of the County Court in order to make
such a sale legal and binding against creditors and subsequent pur-
105. SALES ON TRIAL. When articles are purchased on trial
at a certain price they must be rejected before the time expires if they
do not suit, or the sale is complete and the party bound to keep them.
warranty that the goods when delivered will correspond in' kind and
quality with the description given or sample shown, and if such is
not the case there is no binding sale.
167. SELLING- STOLEN GOODS does not give them a good
title in the hands of an innocent purchaser for value, as in the case

organs. etc. whether it would be a day book. etc. the party aivinii' the order should require a duplicate of the order to be left with hini.. sales or cash book. A clerk who sold the goods or "vvho saw them sold would also be evidence. having been shipped to the purchaser. 171. however.. I I If it should turn out. the lieu being valid without either the name l)eing on the article or the lien filed. CONDITIONAL SALES are what have been relened to under the head of a "Lien Note. invoice. Such book would be called a book of origin-^l entry.„^-^^^—--.. His b >oks are ais chief evidence.„^.-. {Signed).^-^. : . household furniture. In all such cases the manufacturer's naiuc and address must be shown on the article and a copy of the lien filed at the ollice of the County Court Clerk. With all implements and machinery sold by order. J. GOODS SOLD BY OKDEK. providi:> ^ the bill of lading has not been delivered. In case of suit the book that is taken into court as evidence is the book in which the entry was first made at the time the transaction took place... The following brief instrument is sulhcient: For value received I hereby 'j<H<j. but the person himself has the riyht and thi} poirer to demand it or re- fuse to give an order.^. They I'lin be re-takeu ^vherevev found. that the purchaser is not insol- vent.. Goods not yet 'paid for. but the book. it is common to sell them on the "instalment plan. providing the merchant's reputation for in- tegrity is good. On live stock.sewinj^ machines. WINTERS. ill 168—172 PROrEKTW 1 with the i)romissory note." In selling. Care should he taken to see that the copy reads exactlv like the original.n to {pcrso/i's name) the accompanying' accounts and claims ai:^'ainst tlie persons whose name^ are entimerated {enumerate the names and amounts). A book that contains erasures and interlineations and changes _=J^t . SUING BOOK ACCOUNT. The law does not compel an agent to leave a copy of the order Avith the person giving the order. but belore their delivery I.. but the seller retaining the ownership until the article is paid for. or to deliver the goods and pay damages su<:!tained bv the delay in deliverv. this is not re- quired. if pro- perly kept and found to be uniformly correct. and also a copy of the lien leit with the pur- chaser. is evidence that can scarcely be overthrown. 172.. may be stopped by ordering the company in whose possession they are not to deliver them." the buyer obtaining the possession and use.. I word being received of the purchaser's insolvency. journal. . wagons. 17«».. The person suing has to prove the debt. J 69. GOODS STOPPED IN TRANSIT. SALE OF BOOK ACCOUNTS is effected by assignment. The fee for filing the lien is 10 cents. 168.--. then the seller "who unlawfully stops the goods in transit may be required to indemnify the purchaser's loss.. pianos..

This makes the contract binding. to 174. There are two kinds of sales. Executory Sales are those where possession has been passoid by agreement for sale. who may charge a fee and a) so give special rules for their gov- ernance. can sign away her real estate without her husband's consent or signature. un- less in writing. is not binding. Every credit sale entry should contain the date. v/ell If nothing were said about the terms they would be cash. 173—178 would be -worth but little in court. 176. 17r>. 177. as well as the terms of credit announced by the auctioneer before the sale commences. The proprietor may have various conditious. viz. and a to certain amount be deposited at the time of sale.: Executed and Executory. but the title does not pass until the price has been paid in full. See Section 70. AGREEMENT TO SELL OR BUY REAL ESTATE. 1. "When for any reason a bargain is made for the sale of real estate that cannot be executed immediately. a memorandum of the agree- ment should be written out and signed by the parties. signed by the contracting parties or their duly autho- rized agents. AUCTIONEER LICENSES are granted by counties and cities. an underbidder. An oral contract made." does not bind either party to buy or sell. the articles and prices in detail. inwriting. 173. THE AUCTIONEER is the agent for both the seller and bu^'er. if not by the debtor himself (as son. so also would one that had such slight memoranda in it that the various transactions would not be clearly set I'orth. hence binds both by his acts. but in the act of "knocking down" the article to a certain bidder he is the agent of the purchaser. even though nothing be paid down. When he is selling he is acting as agent for the seller. daughter or wife). UNDERBIDDING is illegal unless announced before the sale commences. such as. A wife. that the first bid must be above a certain sum named. and even the amount be advanced at each bid. Executed Sales are those where the sale has been completed by the payment ot the money and the execution and delivery of the deed of conveyance. or their agents authorized. . and the person's name who purchased the goods. PROPERTY. 2. but the husband cannot sign his away without his wife's signature.SALE OF REAL ESTATE. even if money be paid on it to "bind the bargain. and in the memo- randum of the sale he makes in his book he acts for both parties and binds both. AUCTION SALES— At every auction sale the "terms of sale" are always advertised. as the law now stands. 178.

and to transfer the same without the concurrence of her husband. Any shares or stock in any Bank. 1872. Ten years peaceful possession from the time that the real owner's right accrues gives the possessor a right to the property. i A woman married before the 4th May. A woman married on or since the first day of July. mayhold all her separate property wht^ther belonging to her before marriage or acquired by her since. or the heir ^vere if insane or suifering under any other similar disability.iitate therein of her husband dur- ing her lifetime. sxie and be sued in her own name. entirely free from any debts and control of her husband. 1859. either a spinster or a %vidow. i own A married woman in Ontario now may contract in regard to her property just as freely as a man. This does not apply to property received from her husband after marriage. then the time "would not commence to count until the heir's return. 180. If the real owner should be an heir who was in a foreign country and did not know of the property falling to him. Stock or Loan Company. If- f '. may hold the property that had not then been reduced to the possession of her husband. or any debentures standing in the name of a woman married since July 1st. is as free to contract as a man. A woman married between May 4th.- 11 . An unmarried woman. whether belonging to her before marriage or a<'quired by her after marriage. 1884. but also may dispose of her personal and real property without even the consent or sig >ii'e of her husband. 1872. 1859. She can buy and sell. CHAPTER XI. OWNERSHIP BY POSSESSION. engage in trade and commerce. A woman married since the 2ud of ]\Iarch. are deemed her own separate property unless otherwise shown. may not only hold her OAvn separate personal and real property. and she has a right to all dividends and profits arising thert^l'roni. and March 2ud. and her separate property only be liable for her debts. 17«. and free from any e. or other dis- ability were removed. entirely free from his debts and obligations contracted since that date. 1884. 179—180 PROPERTY. or control of her husband. may hold all her OAvn separate property free from the debts and obligations. MARRIED WOMEN'S PROPERTY RIGHTS.

181. PROPERTY. A husband and wife may be sued jointly in respect of any such debt or liability contracted or incurred by the wife. The husband is liable wife contracted and for all contracts entered into for the debts of his and wrongs committed by her before marriage. and if the husband's liability does not extend to the amount of the claim or damages. 182. he will ob- tain joint judgment against the husband personally. todetraud his creditors. through habitual drinking or profligacy neglects or refuses to support her. and all suras recovered against her for such contracts or costs incurred therefor are payable out of her separ- ate estate. In any proceeding concerning their property. the order should be obtained from him. Anymarried woman having a decree for alimony against her husband. imprison- ment in the Provincial Penitentiary or in a jail for a criminal offence. a married women made such investments with her hus- band's money.-^ DYING. may obtain an order of protection entitling her to the earnings of her minor children. the husband will obtain judgment for the costs of def-nce. insanity. and against the wife as to her separate property. THE HUSBAND'S LIABILITY. 18. A married woman dying intes- tate her separate projierty shall be distributed in the same proportion between the husband and children as the personal property of the . If. ORDEROF PROTECTION. but when there is no Police Magistrate where she resides then the order will be given by the Countv Judge. such investments may be fol- lowed by the creditors and taken to satisfy their claims. whatever may be tht result of the action against the wife. without husband may his consent. but if the plaintiff fails to establish the husband's liability in respect to the property he may have acquired through his wife. A married woman is liable after Inn* marriage for the debts she contracted before marriage. If the plaintiff succeeds in establishing the husband's liability. either through his cruelty. and for all contracts entered into or ^vrongs committed before marriage. or being for any legal cause separated from him.ks with her husband's money. A married woman has the same remedies for the protection of her separate estate against her husband that she has against other parties.INTICSTATE. as mentioned in previous paragraph. 181—183 But if a married womau should purchase such shares or sto(. entirely free from the debts and obligations of her husband and from his control. also. the procure an order from the court to have such investments and the dividends thereof transferred to him. the residue will be against the wife's separate estate. the husband and wife are competent to give evidence against each other. and for wrongs com- mitted by her after marriage to the extent of the property he has come into possession of through Jiis wife. When the married woman resides in a town or city where there is a Police Magistrate. or whose husband who.

"Chargt» the goods to me. and consequently is not "answering for the debt of another. Formerly it was necessary to make the transfer through a third party. but such is not now necessary for re"^ estate. For personal property it is still neces- sary to make the tra fer by Bill of Sale through a third party in order to pass from husband to wife or from wife to husband. The utmost care must be observed in regard to this feature of our laws. Where there are no children. while a regular guarantee is under- stood by the other party. 185. to en- deavor to have the husband sign also. Such a guarantee does not need to be in writing to be binding. A few examples will make the distinction «lear." but is an original promise to pay it himself. husband dyinj intestate is to be distributed between the wife and children. SELLING HER SEPARATE ESTATE. An oral guarantee is worthless. A married woman may. It is the same as saying. A person goes with his hired man to a store and tells the merchant to give this man goods to a certain amount. viz. EXAMPLES OF AN ABSOLUTE PROMISE. even without her husband signing the deed. im. all such promises must be in writing in order to be binding. during her lifetime. or the husband direct to the wife. the husband is entitled to one-third and the balance to the children. aUARANTY OR SURETYSHIP is a promise by one per- son to another to answer for the debt.: The wife dying and leaving children. the husband is entitle. By a sligh*^ change in the wording it becomes an absolute pro- mise to pay the debt. but it is not legally necessary. however." It is his debt. In many cases nothing but a simple recommendation is in- tended by the person making it. By a particular wording of the p'omise it is only a conditional promise to pay in case the other party fails to do so. CHAPTER XII. and then it must be in writing in order to be bind- ing. It is still customary. although for ." This is virtually telling the merchant to charge the goods to him direct. in Avhich case the guarantor actually takes the place of the debtor." or "I Avill pay for them.d to one-half of all the property. According to the Statute of Frauds already Uioutioned. and "I will see it paid. 184. In this case the promise is binding if only oral. default or miscarriage of a third party. A married woman now may also sell her separate property direct to her husband. sell her separate estate.184—185 GUAIUNTY AND SURETYSHIP. GUARANTY AND SURETYSHIP. These promises usually fall under one or other of two forms: An absolute t romise and a conditional i)romise.

All conditional promises to pay must be in writing. would constitute a guarantee. not even if there were a witness to it. JAMES SMITH. and Jones replies. and would not need to be in writing. Another form: For value received I hereby guarantee the collection of the toithin note. ENDORSER AS GUARANTOR ON NEGOTIABLE PAPER. JAMES SMITH." or "he is good lor them. or 'I think you would be entirely safe in giving him credit" for such an amount. 187. 190." These are promises to answer lor the debt of another. if noth- ing but a simple recommendation is intended. The liability may be evaded by modifying such expressions by "I would regard him as safe. For instance: If Smith owes Brown." for such an amount." or naming a certain amount and saying. Example: For value received I hereby guarantee the payment of the within note. "Grive this man j^^oods to such au amount. pay you I will. and are void unless put in writing-. 187—190 the bijiiofit of his servant. But if Jones Avere to reply. and il' he does not pay for them I will. "Oive me time and I will see you paid. Such a promise made by word ot mouth is biudiug-. GUARANTEE INSURANCE. Great care should be taken in the wording of a letter ot recommendation where finan- cial obligations are to be created or business relations formed. The ordinary endorser of negotiable paper has been con- sidered in that chapter. "If Smith does not. but sometimes in order to avoid the necessity of protesting the paper an endorser will write a guarantee on the back of a note or draft instead of an ordinary endorsement. The creditor in all sut. EXAMPLE OF CONDITIONAL PROMISE. 189. Supposing he "vvere to say to the merchant. "He would be^ safe to that extent. and Brown tells Jones that if he will become responsible for the debt he will let it stand. GUARANTY AND SURETYSHIP. James Smith In this case is not liable iintil au attempt to collect by legal process has failed. LETTERS OF RECOMMENDATION. There are companies that guarantee the honesty and fidelity of persons engaged in responsible . 188.h cases simply accepts the su." the promise Avould not be binding except it were in writing. All such phrases as "He is good for them. No such promise is worth a farthing as security if only spoken by word of mouth." etc." it would be au absolute promise to pay th'> debt. In this case the guarantor (James Smith) is liable as soon as the note natures if it is not then paid..retv and releases the original debtor. With any su<'hmodifying phrase very much may be said to the credit of a worth V x>ersou without being held as a surety.

so that he is prevented from proceeding against the debtor himself during that time. takes the place of the creditor. If any property of the debtor or other collateral security is in his hands. A company receiving a clerk under siich g-uarantee must not change his employment Irom that for which his iidelity was guaran- teed. 193. The erasure or interlineation of any words that has the effect of changing the liability creates Ill It* 'H ii s a new and different agreement from the one which the surety had guaranteed. um. and if the surety refused to allow the extension the creditor could sue the debtor or accept pay- ment from the suretv and invest him with all his rights and remedies. 191—193 GUARANTY AND SURETYSHIP. known. 2. and may recover from the debtor not only the original debt but also all expenses and costs incurred. The guarantor. and which consequently prevents the surety from exercising his right of paying the creditor and suing the debtor upon the claim. or some fraud or deception practiced by the creditor himself or by the debtor with the crreditor's consent. DISCHARGE OF GUARANTOR OR SURETY— 1. bookkeepers or managers in auy moneyed ihstiiu- tion or corporation. after making good the defaitlt. CREDITORS' OBLIGATIONS TO GUARANTOR. by which the surety was induced to guarantee the debt. the agreement with the debtor must be one that binds the creditor to an extension of time for payment. 3. In order to be a discharge to the surety. RIGHTS BETWEEN SURETIES. 2. 5 Fraud. lj)i. either in respect to the contract itself.— To give notice of delimit within reasonable time after it is 1. as that would change the contract and release the guarantor. A mere promise to extend the time would not release the surety. all his rights against the debtor. as soon as he has made good the default. releases the surety from his obligation. Wien several sure- tiesunite in a guaranty. he is then relieved from any default after that time. An extension of time given by the creditors to the debtors by valid agreement releases the surety unless lie gives his consent. then at the expiration of that time the guarantor is released. To give the giiarantor. positions as clerks. If the guarantor gives notice that he will not be surety after a certain date. Any alteration of the agreement without his knowledge or consent will discharge the surety. 4. to turn it over to the guaran- tor. If the guarantee is given for a certain specified time. Such alterations can only be legally made by the surety I giving his consent in writing. each one is required to contribute equally to the satisfaction of the claim should the debtor fail to make pay- . Of course this would not apply on a negotiable instrument not yet due. or any contract the time for which to be executed had not yet expired. because the promise would not be legally binding.

is considered a fraudulent preference and i& therefore rendered null and void. 1})7. fourth. the first creditor's law expenses having first been paid.ed in that chapfer. The respective liabilities among endorsers on a promissory note has been not' '. PRIORTY OF CLAIMS. meut. aftar this the remainder is rateably divided." or words of similar import. creditors to the amount of $100. In meetings called for the purpose of appointing the inspect- ors. Under the present Act. If au assignment is made it must be advertised four insertions in a county paper and one insertions in the "Ontario Gazette. lihu FRAUDULENT PREFERENCE. second. chat- is tel mortgages." Inspectors appointed by the creditors give authority to the assignee to a 't. but would merely be liable m case the others fail. As soon as a personis declared insolvent the first thing to be paid taxes.00 have three votes and one additional vote for each $1000. . Any gift or transfer of property or any security. such as a chattel mortgage given within thirty days of insolvency. As to the priority of creditors to the effects of a partnership firm. he would not become a co-surety..00 The assignee's salary is fixed by the inspectors appointed by the creditors. the claims of the creditors. the partnership creditors come first for all partnership effects. Preference is given to wage earner for three months' back wages. ASSIGNMENT.00 and under $500. 1J>4. rent. This equitable distribution of the liability holds unless there is an agreement between the sureties that changes it. and in- dividual creditors first for all individual property. in excess of that they have to take the same percentage as other creditors. third. those to the amount of $1000. fifth.19-4—1517 GUARANTY AND SURETYSHIP. iSMi. "surety for the above names.00 have two votes. CiiEDITORS' RELIEF ACT. also all moneys made by the seizure must be deposited with the Sheriff. this judgment must be en- tered in the books by ihe Sheriff of the County where the debtoi resides.00 have one vote. If one were found to be insolvent the others would be bound to bear the burden equally. salaries. If the last surety were to add to his signature. those of over $100. if a creditor gets judgment against a debtor. These books are open free of charge for thirty days and any persons entering their claims within this time are entitled to a rateable division of the debtor's estate.

and he may delegate to another the authority to do for him anything that he can do for himself. 198. engineer. In all branches of business where one person acts for another there is an agency. as an agent. AGENCY is where oue person transacts business lor another. The acts of general agents bind their principals . GENERAL AGENTS are those who have authority to act m all capacities in the place of their principal. PRINCIPAL AND AGENT. the commission merchant and the farm laborer are all agents as much as those engaged in selling machinery or fruit trees on com- mission or salary. although not competent to contract for himself. the clerk. switch- man. make any contract his principal could make. Treasurers and Managers of {Stock Companies.?. He must follow his instructions. AGENT'S APPOINTMENT. 200. He may ratify it either by express words. or it may only be 1 T. LIMIT OF AUTHORITY. 198—203 CHAPTER XIII. liM). If he is to sell goods for cash he must not sell on credit or accept notes. the conductor. PRINCIPAL AND AGENT. 20. THE PRINCIPAL is the one who engages another to act or do biisiness for him. If he exceeds his authority he renders himself liable. or all of a certain kind. or it may be by simply accepting the benefits accruing from the unauthorized business so transacted. so also are Secretaries. A commission merchant would be a general agent. and also for all similar acts though they are not ratified by him. *'f' 202. The errand hoy.. also hoAV^ it is to be done. if to collect money on accounts this would not authorize him to issue notes or accept drafts in his principal's name. can. An agent may be appointed 2'| simply by word of mouth or by power of attorney. or all in a certain local- ity. or by resolution of the directors if a stock company. but in carrying out the details the agent is allowed considerable latitude. To evade liability. .|^ gathered from facts. A principal who ratifies an act which his agent was not auth- orized to do becomes responsible for that act. Anyone competent to contract may act as principal. As a usual thing the instruc- tions given by the principal to an agent are to do a specific business. THE AGENT may be any person the principal may employ — a minor or any person with intelligence enough to follow instruc- tions. ill aoi. A minor. or to refuse to make the transaction his own is merely to refuse to a(^cept the benefits accruing from the transaction.

To keep the goods and property of his principal separate from his own. and for any loss that may arise through his failure to carry out his instructions. o. Winters. W. AGENT'S LIABILITY. ?PEClAli AGENTS are those who ar^ limited to a certain 2()4. To keep an accurate record of all business transacted.. In case the business is transacted in the name of the principal. the money that maybe deposited in a bank should is also be in the name of the principal. and from that of other parties. The fact of his being an agent does not relieve him from his obligations as a citizen. For instance: Something has occurred after giving the instructions which the principal had not foreseen and Avhich would cause the orders to work to the disadvantage or injury of the princi))al if they were car- ried out.ssof action.— 2or. and their principal is not respousibh' for what they do outsidt' of this. To use the same care and forethought in the management of 1. He is also liable to third parties for any wilful injury committed against them. He liable to third parties if he goes beyond his authority. 3. is In that case he dees not bind his principal.GENT'S OBLIGATION TO PRINCIPAL. but he renders himself per- sonally liable. He also makes himself personally liable to third parties if he should improperly sign a note or accept a draft by signing his own name as agent.oraes within the agent's authority if it is important to them that the principal should be held responsible. with respect to third parties eveu for fraud or negligence on the part ot the agent. 2. The same is true of Secretaries. They should in every case when signing for their company or their principal sign the name of the company or . but if his deviation produces a loss the agent is liable for it. He is liable to his principal for any damage that may occur through his negligence. he would be personally liable for its payment. On this account parties dealing with any special agent shouhl be careful that their contract (. A person assuming to act when he has no authority renders himself liable for damages. cla. say. To follow implicitly the principal's orders except in cases where the circumstances would make it manifestly wrong to do so. 4. the business that he would if it were his own. Treasurers and Managers of Stock Companies.^U4— 206 PRINCIPAL AND AGENT. Winters as an agent were to accept a draft by^writing W. hence even while m the discharge of his principal's business if he wantonly commits any injury he alone is liable. ^. 206. In case they should become indisti)iguishably mixed the principal could claim the whole. If. If he departs from his instructions and thereby secures any gain the prin- cipal has the benefit of it. He is also liable for any criminal action of Avhich he may be guilty. Agent. or where the orders were to perform something unlawful. as usually done.

followiui. Money paid to an agent who has no authority to receive it can- not be recovered from the principal. both are relieved. (Ltd. Per W. and he must sign his principal's name as well as his own either before or iifti'r it. Special agents do not bind their principal only in so far as they keep within the limits of their outhority. (Ltd)." "pro. A contract made with a special agent who is exceeding his auth- ority cannot be enforced against his principal. ^IW PIUNCII'AL AxNl) AGENT." or the word "lor. W. The same principles and laws rule between th^ . 2U7— JOS j»riMoi]">al in coninnction with their own. rendering. An af]^ent may describe himself either by the terra "per. if. PRINCIPAL'S LIABILITY. "W.. or he may be held personally liable. Third parties should ascertain the authority possessed by special agents if they w^ould protect themselves when contracting with such. they only render themselves liable. Wtn'ers. When passengers are injured through an accident they do not enter an action against the captain or engineer.ANA(H':R. either general or special. and notice given by third parties to the agent is notice given to the principal.| 207. are all general agents.) Per W. but they — sue the company the principal. he acts after the death of the principal innocently. An agent's authority dies with his principal. General agents bind their principals. The. Manager. 208. Winters. Pro Con W. etc. M." He must always disclose the fact that he is only an agent.' are siiiuihle Jamem Smith. .'' ••pro con. whose negligence may have caused the accident. An agent should always have the evidence of his authority with him. lother agent. however. Far James Smith. Notice given by the agent to third parties is notice given by the principal. The employees of liailroad and Steamboat Companies. Winters. Money should never be paid to an agent for a note unless he has the note to deliver over. James Smith. and if he has it not no important transaction should be performed with him. WiNTKRS. Ai^fiut. If they pass beyond this.. Dominion Transportation Co. or are guilty of a fraudulent act.them liable to third parties even for the fraud or neglect of the agent.AGENT is one who acts under a. WiNTKIlS. SUB. For Dominion Transportation Co..

A legal revocation of the priiuapal terminates the agency. If an agent's appointment was by a document under seal it would require a sealed instrument to cancel it. 3. The re-app(untment need not neoessari y be formal. 2. there is no contract of service and hire. guilty of fraud. unless it is with near relatives. If service has been performed without anything being said about wages the law presumes that the parties agreed for the customary wages . so that what has been given in the previous chapter will ii». but if it were a definite time not yet expired or a speci- lio work not yet completed. Completion of the undertaking terminates the authority of the agent. Where! the agency would not be for any dellnitci time. MASTER AND SERVANT. In cases where the employer only agrees to pay as long as the servant remains. as with parent or uncle. 2u». or becoming incapacitated lor his duties would be sutticient cause for his dismissal. 4.— 1. leaving it optional either with the servant to serve or the master to employ. TERMINATION OF ACIENCY. 211. the principal could withdraw the powers he had granted. THE RELATION subsisting between Master and Servant is in many respects the same as that subsisting between principal and agent. laps(3 At the expiration of the time for which the agent Avas appointed the agency ceases unless there has been a re- appointment.20D— 211 MASTER AND SERVANT. ajfont and his suh-ai»(Mit as txist botwocu himself and the principal Thu ajj^ent is the principal to tho sub-agent. but by any of the means already mentioned for the creation of an agency. Death or incapacity of either principal or agent terminates the agency. A contract of service and hire need not necessarily be in writing unless the con- tract is for a longer period than one year. In order to constitute a contract of hiring and service there must be either an expressed or implied mutual engagement binding cue party to hire and remunerate and the other to serve for some determinate time. 210. nearly every particular apply here The master is the employer and the servant the employee. An agent exceeding his authority. CHAPTER XIV. or the insol- vency of the principal dissolves the agency. or the comple- tion of a sptM'iiic work. CONTRACT OF SERVICE AND HIRE. Insanity or death of either principal or agent. If no express contract has been made for hire between the parties a contract will be presumed if the service is performed. there must be sulFicient cause before a revocation could take place. By of timo.

wages would be i)ayable at the end ot the time. He is expected to obey all reasonable orders i from t' master. 212— 214 for that kind community. or the master may discharge him without giving any notice. 2. or year. skill 'ind fore- ihouu'ht. The live stock that may be entrusted to him. to be punctual and courteous. or a year. when either party Avishes to termin- ate the contract the other party is entitled to notice If paid by the day A day's notice. r . 214. AVhere the hiring is for no definite time and the wages paid by the day. may. 121 12. a month. If paid by the year Three months' notice. week. also his diligent forethought in planning or executing his work. a ation of the time. A servant hired for a definite per- week. leave. Wilful disobedience of any lawful order of the master. on the termiu* iod. whattiver that may be. Where it is not spe«'ially agreed to the contrary. humanity as well as his agreement recjuires tliat he sees to it that they have food and water I and proper care in general. . by taking absences without permission. The employee presumed to give due diligence to the discharge of the is duties assigned to him. as a panMit or uncle. 313 NOTICE TO LEAVE. CAUSES FOR DISCHARaE WIHOUT NOTICE. The employee must J fulfilthe agreement.ires not only diligence but his careful attention. The im])lements. and to do this faiihiully r re(p. MASTER AND SERVANT. CONTRACT OF THE EMPLOYEE. and to be responsible for all damage caused by hia negligence. to be punctual as to time. If. Rut the law will ot service paid in that not presume either a contract of hire or an agreement to pay wages where scrvicM' is rendered with near relatives. Gross moral misconduct. I . In such rases an express hiring must bo pr wed in order to support a claim for wages. His master pays for his skill as well as { he does for his time. he violates the agreement by hab^-gAllv neglecting his duties. therefore. If paid by the week A -week's notice. If paid by the mouth A month's notice. to obey all reason- able commands. either for a day. but also his care that they be not stolen. A ilagrant violation of the implied agreement in any of these' particulars renders him liable for damages or lor discharge as the case may be. but Avhere the time is longer than a day it would be much better to give a written notice. machinery or other property with whii^h he may be ANorkiiig or which *fall under his can^ require not only proper use by himself. The notice need not be in writing. montli. or in any of the following ways he may be discharged without notice b' paying him the wages due 1.

or permanent disability through illness. but the wages that may have been earned may not yet be due. Persons employed on a weekly or monthly service may quit or be discharged by giving a week's or a month's notice. Incompetence in the highei service where special knowledge or skill is required. If the master does not pay the wages as per agreement the ser- vant may procure a discharge and wages due by placing the matter in the hands of a Justice of the Peace. This liability may arise in three ways : 1. MASTER'S LIABILITY TO THIRD PARTIES. or at a moment's notice by payment of a week's or a month's wages. Where the master holds his servai^t out as his general agent by making con- tracts. DISCIIAKGE WITH NOTICE. 4. The imple- ments and machinery are supposed to be suitable for that kind of "vvork and so protected as to be reasonably free from danger. and he will be liable within that scope even should the servant act contrary to his ord erf. the master is liable so long as the servant acts within the scope of that authority. The Avages that arv due must be })aid. 215. thereloie. Tempor- ary illness would not bo suiHcient cause for discharge. MA«TKIi AND SERVANT. he will be liable on it. The master's commands are presumed at time of contract to be reasonable. If the servant as agent contracts for his master and the master adopts and ratifies the contract. If a master holds out his servant as an authorized and accredited repre- sentative he is responsible for his action. . If the servant used the machine without giving any notice of its danger he cannot claim damages for an accident. and to be within the limit of work the servant was employed to perform. The wage's to be paid in case ol' a discharge for cause are not necessarily in proportion to th(? time the servant has labored. 210. If. legal. writing or word of mouth. or t'ouduot calculated serious "~ ~" -—»w \j to injure the master's busiuesK. purchasing goods on his credit. If the machine. By adoption by the master of the servant's contracts. 2.. By giving express authority to contract either by deed. 215— 2^ 3 Habitual lu'glig'oncein busiuess. The servant's usual employment is regarded as the measure of his authority. the master gives unreasonable commands and endeavors to enforce them the servant has cause for leaving. etc. If any accident occurs tvi^er giving of such notice the employer is liable for damages. By creating an implied authority to contract. or any particular machine used by the employee is not considered suitably protected and he gives notice to the em- ployer. 3. 217. who still requires work to be done with the dangerous machine. CAUSE FOli LEAVING. it is a cause for leaving.

however wrongful they may be. 4. j i 1. [ I 218. but not otherwise. j 1 6. 7here in executing his orders with reasonable care and does damage. which runs away and does damage. 1 The master's liability is not boundless. He would not be liable for a wrong done by the servant that was contrary to his orders. Where he does an injudicious act and does damage. if on the master's business. 5. if acting ' within the scope of his employment. If he orders the servant to commit a trespass. 8. 7. THE MASTER IS NOT LIABLE in any case for the injur- ious acts of his servant unless they are wilful or the result of negligence. In general terms the master is I {|J liable for all those acts which are brought about through his instru- I mentality. deceit. For injury done by the servant through drunkenness. no matter how : |i' much he mav abuse his authority. When the servant even wantonly does injury if acting within III the scope of his employment. the master is free from liability If the master does not give any express or implied authority for the ser^^ant to pledge his credit. but justice and common i sense fix certain well defined limits. or where they have an im- plied authority and act beyond the scope of their employment. 3. The servant acting outside his authority does not bind his master. The master is not liable after he has given notice that he has terminated his servant's authority to pledge his credit. fraud. A servant may render himself liable 11 . 219. He is liable for the acts of his servant performed TYithin the scope of his employment. Where a st rvant is driving a horse. SERVANT'S LIABILITY. '4 218— 21i^ • MASTER AND SERVANT. of his authority and in the course of his employment. or the aoL of the servant is an act of his own. he is not liable for any contracts made lllHl by the servant in his name. or •M even of misconduct if it be done within the scope of his employment I'll or with the express direction or assent of his master. or co-operated in its commis- sion. The master may be criminally liable for a criminal act of his servant which he expressly authorized. The master is not liable for the contracts of his servant where they have an express authority and exceed it. but he is not responsible for the wrongful act if it is not done in the execution . or if the trespass results from the action to be done. 2. or if the master were absent. . The notice must be brought home to third parties to whom he has by his acts given an implied authority. Where there is no express or implied authority to do the act. neglect. : „ The master is liable tor the act of his domestic or menial servant iit whether it be one of omission or commission.

His legal representatives will col- lect his wages for the time during which service was rendered. and if furnishing sufficient proof of -^ the cause o^ . No voluntary contract of service shall be binding on either party for a longer time than nine years from date of contract. A domestic servant wrongfully quitting his master's service for. VERBAL as well as written agreements between master and servant. proceedings must be taken before a Justice of the Peace within one month after the engage- ment has ceased.00 and costs. go before a Justice for ^earing of the case. 3. He is also liable for a joint fraud committed with his master. TERMINATION OF SERVICES.. tiie When wages are not paid by the master to the servant. secure a discharge and obtain an order for payment of %vages to the amount of $40.v7 ^ feits that part of his wages due since the last day of payment. If a domestic be wrongfully dismissed his remedy is an action for damages against his master for the breach. For damages committed on behalf of his master he is liable as Avell as his master. 220. MASTER AND SERVANT. On coutracts made ou behalf of his master if he does not dis- close the fact of his agency. AYhen contracting in his own name he should always use words describing his capacity. 220—222 1. Either party may appeal from the Magistrate's decision to the ." etc. COMMENCEMENT OF PROCEEDINOS. In crimes as well as in injuries he is liable and cannot evade responsibility by saying that he was only a servant and acting under liis master's orders. and to all third parties he stands as a principal. For any ciirninal action of the servant not expressly authorized by the master the servant only is liable. 2. as "agent for. or within one month after the last instalment of vages was due. the ser- vant may Avithin one month after the engagement ceased. By the death of the servant. 221." or ''per. lor no contract of service compels a legal obligation to commit a fraud or do a wrong. The servant must be paid wages up to that time. If the Justice receives the evidence of the plaintiff he must also receive that of defendant. 5. and between master and journeyman or skilled laborer in x X. ^ "" A domestic or other yearly servant wrongfully quitting his mas. Temporary illness is not a sufficient cause for a discharge unless the contr.>^^ X ter's service forfeits all claim to wages for that part of the current year A during which he hae served. 222. If any dis- agreement exists between master and servant. ot has been complaint. A contract of service is terminated by lapse of time. 4." "pro. By the death of the hirer. any trade or calling are binding unless the term exceeds one year.

with an understanding to participate in certain proportions in the profits or losses accruing." 2. "Where masters and workmen establish a Board for the settlement of their difficulties that may arise. l)ut also for the whole debts of the firm. It is rep- resented in the firm name by "&. Dormant. House and Co-partnership are all syn- onymous terms used to represent a partnership business. that is one who has an interest in the business but whose name does not appear. PARTNERSHIP is a contract between two or more per- sons who join together for the purpose of conducting a certain busi- ness. SPECIAL PARTNER is one who takes a certain intere. 223. The amount of losses which he as- sumes liability tor must not h^i less than the amount of capital he in- vests. or any or all of them. 140. but who haf no financial interest in the business. Ostensible partner is one who lends his name to the firm for the sake of its reputation. silent or sleeping partner. 224. Company. 225 PARTNERS' LIABILITY. and its decisions are binding. they are all equally liable. As regards their respective liability to the public. 3. Chap. 22( only in the business.223—226 PARTNERSHIP Divisiou Court by giving uotice of appeal to the other party within lour days after the decision. goods. as a guarantee to appear and to cover the costs. and at least eight days before the holding of the Division Court. CHAPTER XV. This special or limited partner must not have anything whatever . In a general partnership each member is not only liable to the i)ublic for his particular interest in the business. They may join their money." Firm. TllEllE ARE THREE CLASSES of general partners 1. Co. it has by statute all the powers that arbitrators possess. approved by the Clerk of the Court. for $100. labor and skill. Actual partner is one who has both an interest and whose name appears in the firm name.00. This special partnership arrangement must be inserted in the partnership agreement and filed at the office of the County Court Clerk. and Avho also only undertakes to share a certain amount of the gains or losses. PARTNERSHIP. within the foar days to enter into a bond with the opposite party with two sureties. also. See Revised Statutes of Ontario. What miitually constitutes a partnership is a "community of profits.

REGISTRATION OF PARTNERSHIP. but whose experi- ence or investment. 228. 1hat should also be inserted. every partnership agreement should be reduced to writing. with a great deal of deliberation and caution. The registration must be made within six months after the part- nership is formed. it should be clearly revealed in the agreement. simply by an oral agreement. these are various other things Avhich could profit- ably be embodied in the agreement. issue the notes. which gives it a still greater sanctity. or become bail for any person. and thus liable for all the debts of the lirm. that neither partner should endorse paper for others. 229.ent of bills aud ao- . If a division of work is agrred betAveen the partners. Each partner can act for the firm unless h-^ is prohibited in the partnership agreement. 2. One member of a iirm has no right to sign the firm name for purposes of suretyship or on private account. He may receive payn. 4. The penalty for not registering is a fine of |100. etc. Every partner- ship must be registered at the County Registry Office where the business is carried on. or to engage in any other business that Avould require invest- ment and possibly incur loss. If any partner makes no cash investment. 8. 3. and xhus a wide opportunity left for future disagreements and much fric- tion. The nature of the business to be conducted. PARTNEKSlIir AGREEMENT. PARTXEKSHIP. The place where it is to be conducted. skill. 227—229 to do with the mauagomoiit of the business. 5. Also a provision for winding up the business in case of a dissolution. accept all drafts. Avithout consent of the firm.00. such as for one partner o!ily to sign a!i orders for goods. aud takes no part in the Avork. It may also be sealed. He may g-ive counsel to the firm. 7. A large number of partnerships are unwisely formed. He must not employ the property of the lirm for his own private use.. Provision for settlement in case of the death of a partner. thus having only an implied agreement. one-half to go- to the informer and the other half to the CroA^'n. Properly. 'the articles of co-partnership should contain: 1. The amount of capital that each partner invests. etc. The names in full of each member. also. but if he takes any part in its management he makes himself a general partner. Besides there.. 227. end duration of the contract if it is for a definite period. The date of commencement. such as that neither should be a candidate for a municipal office or an active political partizan without the consent of the firm. Sometimes tAvo parties will engage in business together Avith- out any definite stipulations other than the division of the profits. is his 6.

and if any of the iirm should dunand a dissolution it iiUist be complied with. but this does not apply to mortgages on property of the church congregation. The following are among the things that call for a dissolution of partnership: 1. u. or authority to bind others whom they may chance to represent. In the case of a dissolution notice must be given to the public in the folloAving manner: For persons whose business has been conducted in Ontario. ! ^ 4. viz. do not come under the partnership laws. Firms that are not trading firms. 2. INSTRUMENT UNDER SEAL.J2. as there is no Act of Parliament giving them power to act as such. The same is true of the olHcers of the various social and benevo- lent organizations.: That it Avas for the firm purposes. and that the person signini^' it had proper authority to do so. •J. One partner cannot bind the firm by an instrument under seal unless he has been empowered by an instrument under seal to do so. If a bill or note is signed by one of the lirm. the firm can be held liable. 2. providing that two things can l)e proved. DISSOLUTION OF PARTNERSHIP. 5. or do any other act he deems necessary in the m- terest of the firm."^. CHURCH TRUSTEES may be held personally liable if they sign their names to any document for church purposes.ition hnt they are a sufficient cause. neither can they give a note as a iirm. Marriage of a female partner. Insanity of one of the partners. such as a law lirm.'M. 2. He may make a note or accept a draft for the firm iu the regular course of business. li'. the same ajj though they were not associated personally. A partner not invested with the right. Mutual consent. They may all sign it. compromise with a debtor or represent tli<> li m iu a suit at court. After dissolution no partner has a right to sign the lirm name without the power of attor- . The above events do not necessitate a disso^. counts. Insolvency of one of the partners. It is also customary to give notice in the local press and to send circulars to each individual firm with whom business has been done. Death of one of the partners. notice must be given in tht^ Ontario Gazette. renders himself liable to them. notice must be given in the CaiKu/a Gazeftr.Uh NON-TEADING FIKM. For ])ersons Avhose business extends to the other provinces. BUSINESS AFTER DISSOLUTION. li30— 234 rAliTNEliSllU'. and binding his co-part- ners. but it is only as a joint and several note.-w.

The liability of shareholders is limited to the amount of stock they hold. 235—237 ney. CHAPTER XVI. Under the Ontario Legislature incorporation is secured under the Joint Stock Companies' Letters Patent Act. I'aid up stoc'k may be sold at any time . 3. as the powers they seek are so extensive that special legislation is necessary to determine their limit. does not free him from previous liabilities thus incurred Avhile he was a membi'r. note has to be given the only alternative is for each partner to sign his name separately. The business can be conducted on a much more extensive scale. RETIIIING PARTNER. A joint stock company is an association of individuals pos- sessing corporate powers.443 of the Revised Statiites of Ontario for lH!-»7. as many more people can be interested in it than would be pos- sible in an ordinary partnership. must. 2. This. found on page 1. Banking. ADVANTAGES OF INCORPORATION are many. A part)ier. of course. 235. JOINT STOCK COMPANIES. But for ail business enterprises intended to be permanent and of large dimensions. telegraph and insurance companies mast be incorporated by special act. II" a. 2»7. in order to protect himself from the future liabilities of the lirm.but a release from the individual c>reditors can free him from the past lialiilities. Nothing. or bv siiecial act. has power to demand that the assets be used exclusively to pay oil" the lirm's liabilities belore anything can be appropriated by the partners. alter dissolution. See next chapter. in addition to th(! advertisements already mentioned. The incorporation of a joint stock company may be effected either under Dominion or Proviuinal Legislation. it would be far better to iorm a Stock Company instead of a partnership. JOINT 8TUCK COMPANIES. Property in the business is more easily transferred than in partnership. an advantage of great consideration when compared with the dangers of partnership. the following of which are chief: 1. Under the Dominion Legislation it may be either by special Act of Parliament or by Letters Patent under the Joint Stock Companies' Act. enabling them to transact business as a single individual. register a declaration of the dissolution at the County Registry Office. 23«. A retiring partner from a part- nership firm. raihvay.

It is about the first thing done. and thus rendered 5. number of shares. If it is under Dominion legis- lation. If under Provini'ial legislation. giving the proposed name of the Company." Ottawa. permanent. thereof paid in. 55«9 HOW TO FORM A COMPANY. as it would in a partnership. and their services more valuable. and who will for- :! ward the necessary instructions and also a blank petition lor the sig- natures of the applicants. am- ount of capital. then a prospectus would be issued first of all. etc Upon receipt of this. Counties. sue and be sued for debt. •^iiX. in Avhich the subscribers enter their names for the number of shares they Avish to take. then the application maybe made for letters patent. address and calling of the applicants and the names of the Provisional Directors. If the proposed company is of such a nature as to require consid- erable advertising in order to create interest enough to sell the stock. but the heirs succeed to the shares and the business is unchanged. Before the application can be made for incorporation the apjilicants must publish in the Ontario Gazette or the Canada Gazette. as the case may be. The death of any of the stoekholders doi»s not call for a dissolution. 238—241 JOINT STOCK COMPANIES. Educational and Charitable Institiitions maybe incorporated. Also. In- corporated Villages. their intenlion to apply for the same. either by the any person who may be doing the oliicial t-orrespond- solicitor or enoe. affidavits. The first thing to be done is to open the Stcck Book. i When one-half the proposed amount of stock has been subscribed and ten per cent. '44 I ." Toronto. Ecclesiasti- cal. to communicate with the Provincial Secretary^ or Secretary of State concerning the formation of the company. as Townships. Cities and Provinces. name. THE PETITION. and no fixed amount is required to be paid in. accompanied by the (rovernment fee. when the parties named therein and their successors become a body corporate and politic by the name mentioned in the same. All such can buy and sell their property. CORPOliATE BODIES. enforce their by-laAVs. •^4() ADVERTISING IN THE OFFKMAL OAZETTE. as the case may be. setting forth the name I t . its piirposes. Towns. for four consecutive numbers. application should })e made "To the Honorable Secretary ot State. notice will be immediately given in the « Oljidal Gazette of the issue of letters patent. application should be made " To the Ilonorabh^ Provincial Secretary. There are several corporate bodies that are not tradinj^ corporations. A busineKSs iiiider corporate powers possesses au element ot permuiieiiey not found in an individual or partnership business. 4. Then this petition is duly filled out according to the instructions and forwarded to the Provincial Secretary% or to the Secretary of State. Employes can be interested in the business. place of business.

but. DIVIDENDS can only be paid out of the profits. because there is no personality. They may be fined or assessed for damages. giving the names of the stockholders and the shares oAvned by each. and is a security to the public. Shares in a stock company are personal property. the names and addresses ot the directors These books are always to be open for inspection by creditors or the public in general. In stoik companies a share- holder is only liable to creditors to the amount of stock he has sub- scribed lor. and the directors have the whole mauayement of the business during their terra. 246 LIMITED LIABILITY. A stockholder in a chartered bank is liable to creditors for double the amount of stock he subscribed for. for if the officers were to declare a dividend out of the capital. to that of any other company. 5i42. they would make themselves personally liable in case the company went into liquidation. 247 DOUBLE LIABILITY applies only to chartered banks. If there has not been a profit over the running expenses. a45 UNPAID STOCK. ainoiiut of capital. hence . in their contracts. If the stock has not all been paid up. -whether incorporated or not. The law riMpiires certain books to be kept. and the bank fails. This word "limited" indicates to the public the nature of the firm they are dealing with. If this is not done a penalty of $20. etc. no dividend can be declared. 249. he will have to pay the balance. "where it is to be loi>at(Ml. LIABILITIES OF COMPANIES. THE NAME of the comjxuiy must not be the same. and then another sum of same amount as the stock he owned. Stock that has been subscribed for but not paid up stands as a resoiuce. of course. 251.00 per day is required by law for every day it is neglected. 243. The directors are appointed by vote of the stockholders each year. If they are not paid up they can only be sold by the consent of the directors. the num- ber of ^<hare. 242—251 of tho oompany. BOARD OF DIKECTOKS. cannot be imprisoned.s into which it is to be divided. or even similar. If it has all been paid up. and wherever the namf of the company appears in advertisements. 260. the limited liability of the stockholders. If that has been paid he is not liable to creditors for anything in case of bankruptcy of the company. on their letter heads and accounts. They may be sold or transferred if they have been paid up. he is liable to be called upon for just that much more. JOINT STUCK COMPANIES. •^44-. THE WORD LIMITED must be affixed to their sign on the front of the building. etc. BOOKS TO IVE Kl<]rT. the amounts paid in on stock. 248 I'RANSFEll OF STOCK.

those of the full age of twenty-one years and of sound mind. (3). For For years. CLASHES OF TENANTS. (2)." It is a perfect guide. must be in writing. In the Short Forms of Lease. LANDLORD AND TENANT.] CHAPTER XVII.. If he does the landlord may eject. it also renders his lease voidable. "Warde. Tenants have the exclusive use of the property while in their i possession. There are three classes of ten- ants: (1). A lease for j' over seven years must be registered. An oral lease will only answer lor a period of three years. or under seal. now in. and under seven years. the rigor of the law in requiring it to be ever present with the com pany's name. 252—255 LANDLORD AND TENANT. At will. 252. The relation subsisting between landlord and tenant is that which subsists between t lie owner of houses and lands and the person to whom he grants the use of them for a specified time for a stipulated consideration called rent.00 to Mr. eject the tenant. 266. In the law books the landlord is" called the lessor and the tenant the lessee. The lease should state clearly all the conditions. and may even eject the landlord should he trespass Tenants cannot sub-let the premises without permission from the landlord. life. who also have been appointed by writing under seal. signed by the parties themselves. as verbal pro- mises and agreements do not avail in law where there is a written instrument. that is. Alease for over seven years must be in writing and under seal. Duplicate copies should always be made of a lease. 254. . A lease for "years" may be effected either orally or in writing. It may be for any term of years. SHORT FORMS. A lease for a longer period than three years. [Persons intending to form a stoi'k company should send |1. The same class of persons who can contract in regard to notes and bills can contract as regards landlord and tenant. 253. LEASE is the name given to the contract between land- lord and tenant. Toronto. by giving six months' legal notice. It may be either oral or written. otherwise a person buying the property without notice of this lease could. and each party should retain one. Ont. for a copy of his "Manual of Joint Stock Companies. or their duly authorized agents.

prior to them. LANDLORD AND TENANT 25G— 25S> general use throughout the country. If by the week. The tact of a landlord agreeing to pay the taxes does not relieve ^^)*st ^- \ the goods on the premises. As far as distress concerned. If a tenant removes goods fraudulently and clandestinely the landlord may follow for thirty days and distrain. the landlord can only recover. with the intent to defraud. NOTICE TO VACATE. as in all other cases where months are used in contracts. six clear months' notice must be given to quit. so much so. say for six months. for one year's rent. Example: A yearly lease beginning July 10th. If evicted by another person. it would simply be six consecutive months. and accidents by lire and tempest excepted. Also the clause "to leav& the premises in good repair" must be modified in th(! same miuiner. otherwise he must distrain on the premises. the mortgagee takes sub- ject to the lessee. / If a lease is given prior to a mortgage." A tenant must. and . then one clear month's notice must be given. 2r»7. This is best done in the following. "ordinary tear and wear. even in this case. Rent cannot be sued or distrained for until it is due. the term "and to repair" has a very broad meaning. TAXES. in fact. where there are no other creditors. even though the tenant may be leaving the premises. LANDLORD AND OTHER CREDITORS' RIGHTS. so as to leave six clear calendar months before the expiration of the year. the notice to quit must be given betore July 10th. though they belong to the tenant. or similar language : " Ordinary wear and tear. is he may distrain for six years' rent. the tenant may recover from the landlord any damages that he may sustain. There is no half yearly lease. and this action may be brought any time within twenty years on a lease under seal. Where there are other creditors. In all ordinary written or oral leases the land- lord must pay the taxes. and if the tenitucy is monthly. These must be calendar months. In case of a quarterly lease three months' notice must be given. however. leave the premises in as good repair as he found them. that unless modified a tennnt may be compelled to rebuild in case of fire. who has a prior or better claim to the property. If the tenant were leaving the country. 258. A person renting." of course." 26<s. THE LANDLORD'S COVENANT. then a week's notice. unless some express provision is made to the contrary.After that he has a further remedy by way of action (or suit). the goods could be attached. "excepted. and vice versa if the mortgage is given prior to the 259. Aftei that he must take his share only with the rest. The only covenant the landlord makes is to give the tenant quiet enjoyment. In case of a yearly tenancy.

boarders or lodgers. 12«2. 203. It must be done after sunrise and before sunset. 260—268 LANDLORD AND TENANT. In this case any person may act as a bailiff. but it is better to give the notice in writing. if they are not in use by ! 'he tenant. An oral notice is sullicient. after that. Where property is leased for a definite time. Rent may be payable in any way agreed upon. An ordinary letter containing the facts. 2«i. and no expense can be incurred until the day after the rent Hi is due. the landlord may double the rent by giving the tenant notice in writing to that effect. (See jiection 90 for the list). Also any goods that may be on the pre- tnises for repairs or for any other purpose. handed to the other party. and neither party need give the other notice to terminate it. or tenant. I Distress may be made any time within six months after the ex- 1 1. when he wishes to vacate. The person distraining cannot break outside doors in order to seize. will answer as well as a formal notice. WRITTEN NOTICE. the landlord may distrain. or a yearly tenancy. DOUBLING THE RENT OR EVICTING-. Whatever the agreement maybe for payment. and yet the rent payable weekly. or the landlord de- sires him to vacate. The goods belonging to third parties. with the rent payable monthly or quarterly. It might be a monthly tenancy. DISTRAINING FOR RENT. or the landlord may lease the property to another party. the lease expires at that date. The tenant may go out. this notice must be given. lay De recovered by 11 years rent if no other creditors are interested. i I . but after he once gains admission to the building he may then break open any inside doors that are not opened lor him. THE EXEMPTIONS from a landlord's warrant are now quite numerous. and are the same as those from executions. A notice to quit. The landlord may distrain for rent the day after it is due. as visitors. or sent by mail. 200. ho then becomes a "Tenant at Will. or the ten- ant may be evicted by obtaining an order from the County Judge. But where this lirst period has been passed and the tenant still remains in possession. if he held over that time. and notice to quit has been given. (See notice to vacate)." and then. are also exempt. should be in writings to be binding. the tenant has the whole day on which the rent falls due in wnich to pay it. oue month's notice only would be given to quit. as it is more easily proved. either in advance or at the end of the term. If the tenant does not vacate the premises after his lease expires and demand for rent. If a tenant does not pay his rent. given either by the landlord.

]ilWISTANCE. are liable to seizure ibr rent if there is not enouj^h other goods to satisfy the (.. giving the number aud street. aud I am ready to leave in your possession such of your goods and chattels as in that case only you are entitled to claim exemption for. 2<W. niusiiial instruments. must give up possession of the premises forthAvith or be ready aud offer to do so. or unless they have been removed fraudulently and clandestinely to prevent seizure lor rent. {Landlord). etc. D. The oll'er must be made to the landlord or his agent. concession.laini. 18 To C. B. or such part thereof as may be your goods and | necessary for the payment of the said rent and costs. The tenant who claims the benefit of the exemptions iu case of a landlord distraining for rent. ^ This notice is given under the Act of the Legislature of Ontario respecting the Lawof Landlord and Tenant.. Dntedthis day of A. The surrender of the possession in pursuance of the landlord's notice a termination of the tenancy. or lot. Take notice. After the bailill makes a list of the goods seized and delivers it to the tenant. namely: (here briefly describe them. and the person making the seizure is considered his agent for this I purpose. etc. 264—266 Furniture. if the tenant should still re- main in possession. A tenant's goods cannot be seized if thev are removed from the premises unless the bailiff saw them beinu' taken away.) aud unless the said rent is paid I demand from you immediate pos- session of the said premises. sewing niiuliineH. If the landlord desires to seize the exempted goods as well as the others he must give the tenant a written notice which will inform him of the amount claimed for rent iu arrears. Alter the sale of his goods for rent.. his goods and chattels maybe sold to pay rent in arrears aud costs. GIVINd UP POSSESSION. that if you neither pay the said rent nor give me up possession of the said premises after the service of this notice. further. The notice must be something like the following Take notice. {Signed) A.A tenant may resist the entrance of a baililFor other person who may come with a landlord's warrant. {Tenant). and I ixitend to seize and sell all chattels.. then the goods are said to be impounded and resistance must cease. 2<»4. D... That is taken away in the night or in any other secret •way. I am by law entitled to seize and sell. purchased on a lien ag-roement or not. LANDLOKD AND TENANT. ?. the exempted goods also become liable for seizure if there is rent still due. is 2««. Any time before thci baililf makes a list of the goods th(> tenant may retake them from him. SEIZING THE EXEMPTED GOODS. and if he neither pays the rent nor gives up possession. that I claim % for rent due to me iu respect of the premises which you hold as my tenaut. i .

LODGERS. !i«7.-'he must serve the superior landlord. Anything that is alHxed to the freehold so that it cannot be separated •without doing serious damage to the freehold becomes a part of it. is It isan axiom in law "that th? expression of one thing is an omission ot all the rest. As between the heir and the personal representative. Their goods are not liable to seizure for their landlord's rent. are fixtures and may be removed without injury to tie soil. A tenant claiming anything as a fixture must remove the art' -le promptly and make it known that he claims it. or plate. other things. but he may hold them until his claim is paid. but any hxtures that have become freehold are gov- erned by the same laws as real estate and therefore cannot be sold until the execution has been in the hands of the sheriff at least one year. though of a kindred nature. and that they are the prop- . REPAIRS necessitated by natural decay. or other i^erson levying the distress with a written declaratiou that the tenant has no right of property or beneficial interest in the goods or chattels distrained or threatened to be distrained. of course. and therefore. The machinery of a manufactory is also a fixture and can be re- moved. » If a landlord distrains for more than the amount due the tenant. a part of the freehold. prior. but all breakages are to be made good by the tenant. otherwise he waives his right to it." and for this reason it anything is mentioned as a fixture. BOARDERS AND i! i 271. Anything that is sunk into the ground. the tenant <iui enter an action and recover treble the amount of over-seizure. or bailiff'. would be sup- posed to be omitted and therefore remain a part of the freehold. PENALTY FOR ILLEGAL SEIZURES. nor sell them. A creditor can seize and sell immediately anything that has not become freehold. build- ings of stone or brick are the same as the soil itself. Lodgers are temporary lessees and are subject to the same laws and have similar privileges in respect to the rooms they occupy as a regular tenant. But buildings placed on stone boulders. v«j). trees. the heir I ill I occupies the same position as the landlord and his right is. Where there is doubt as to whether a certain fixture should be regarded as a fixture or be held as part of the freehold. the landlord is supposed to make. as a well. 270. GOODS SEIZED FOR OTHER DEBTS. and in case of distraining before rent is aue the tenant may recover doul)lo the amount of goods distrained. In case a boarder's or lodger's goods are distrained for rent due by his landlord. the presump- tion always in favor of the freehold. If a teiiiuit'a goods have been seized for other debts the huidlord cannot seize theni again. • I- 267—271 LANDLORD AND TENANT. FIXTURES must be something of a personal character. or posts. ( 2rt8.

A common carrier. and the superior landlord shall also be liable to an action. a warehouseman and wharfnger are almost the same thing. 3. 272. The person who carries goods without charge. Examples of this class of common carriers are E-ailroads. except for the grossest of negligence. That is. as explosives. after receiving this declaration and inventory. He has a right to know what the goods are that are offered for carriage. or offered so to do. but still does so occasionally and takes pay for it when he does. Such a person is'not liable for slight or even common negligence if loss should occur. and after the boarder or lodger has paid over to him that much money. With this declaration must be given an inven- tory of the articles referred to. A warehouseman is bound to take goods offered for . Every person who serves a distress shall give a copy of all costs and charges of the distress to the person on whose goods and chattels the distress is levied.. mentioned in the third class as railroads etc. he may state this amount and i)ay it over to the KUi>erior landlord or the bailiff or enough of it to discharges the landlord's claim if the boarder should owe more than that. carters. 272—278 erty or in the lawful possessiou of sufh bourdor or lodger. 2. are obliged to accept goods offered for carriage. The common carrier is a person who holds himself out to the public as carrying goods for hire. and must exercise the greatest caution. etc.The one who carries goods privately for hire. Common carriers. Such a person is liable only for common negligence if loss occurs. There are three classes of carriers 1. CHAPTER XVIII. one who does not make it his business to carry goods. steamboats and vessels. Such are liable for even very slight negligence. he still proceeds with the dis- tress. If the superior landlord or baililf. COMMON CARRIERS. he is guilty of an illegal distress and the boarder may replevy such goods. The person for whom the goods are carried is responsible. or un- less they are a dangerous class. transfer companies. ex- : press companies. Any such payment made by a boarder to the superior landlord is a valid payment on account due from him to the tenant. 27{i OBLiaATION TO RECEIVE GOODS. and if ho should owo the tenant for board or otherwise. unless they have no room for carriage. draymen. COMMON CARKIERS.

is under one of the two exceptions acts of Cxod or Queen's enemies — or that he delivered the g: -^ds safely. he must take due care of the goods during the delay. rid hiinself of responsibility by a general notice to th(? public. are what are termini the Qujen's enemies. carriage he has the oonveniouce lor carrying or storing them. but a f're arising from other causes than lightning. he is liable lur alllosses that may occur. or that they wen. goods on the 1^ '. as by the freezing of a Ifil canal. or over a certain amount. improperly packed. RKSPONSIBILITY OF CAUIUKKS.. or by a special noti e in the shipjnng bill. although for good reason. a sudden inundation in fact every. A mat either ho. 11 ! . is net. first to deliver the goods safely. A warehouseniJin'. unless he designates himself as ii Jorituirder of Ihe goods after the end of his route has been reached. ': specified conveyance.15. — thing that cannot be traced dirtictly or indirectly to the acts of men is considered an a(. In case a carrier is unavoidably delayed. l' j \ I' ! If a vessel is chartered to a party he is liable instead of the owner If a common carrier agrees to didiver goods time and in a certain does not do so. as an invading army or pirates. an earthquake. in Avhich casi! ho. and secondly to return the mom^y. Enemies of the state or country. The goods must be accepted before the carrier's liability commeni'(>s. He if has a right. I A mrrier can.s liability ends Avhen he i)laoes the. and tor the acts of these a carrier is not responsible. is only liable as far as he carries the goods. 274. in case of perishable goods. "^or fcr breakage or decay. he is lialile in damages to th(! j)erson sending them. however. If goods are sent to })e sold by a common carrier. he then incurs a doubh' liability. In case a warehouseman is not informed as to the mode of con- veyance. that he will not be responsible in certain cases. he is responsible in all cases. f 274 COMMON CAltRIKKS. however. unless the damage dont^ is caused by the Acts of Ood or the Queen's enemy. But in case of private depredations. The original carrie. although they are to b(! delivered piist the (Mid of his liK^ or route. and it" anything liable till fh(^ goods reach their destination.arrier is liabhs for all goods entrusted to his care. Th(. He is also not responsible if the goods are not properly packed. may r(!ruse them. The carrier is repon- sible tor the safe delivery of the goods at th(nr destination. and there meet with an accident. he must use his discretion. as dynamite. ]lis resjjonsibility may also be limited by the terms of the contract. production )f a shipping ])ill throws the onus of proof on the carrier to . . even train robberies. J i Should he dcsviate from the regular route.t of God. to know what the goods are. 'i im I A common (.

liable to make. the property may be sold lor the debt. purpose agreed upon. Unless it is so mentioned. Then. He has a lien on the goods for all his charges aiul commission. When proptirty is hdt as a [)l<!dgt. utmost diligence in curing for the proptsrty.s tht. and if he uses it for any othen. It throws the onus of i)ro<)i.'e in caring for the goods. Such a person would be lia])le for common negligen* (^ himself li^^ble lor any damage resulting th(. the onus lies with the (^arrier to show that he has not been «^uilty of nc^ji^lii'-tmce. if any damage o(. arc.t is complii'd with. one person ol)t:iins the use. however. and also for additional hire. The position of a forwarding merchant is very similar to that ot a common carrier. merely taken as a matter of friendship.purpost. of jn-opiirty from anollusr person and pays for its use. The holder must usi. Wh(. Wh(!re goods are left in can* of anoth(. 2. did not exercise ordinary care. COMMON CAURIERS. Such . ho«wever. 27*». The f^ovtirnment is not liable for the loss of a letter. lie is entitled to its exclusive.d by such borrowing for hire. BAILMlllNT is a dfdivery of goods l)y bailor and an accept- ance by bailee on a trust.i piM'son would only l)e liable for gross neglect. or «u)llateral security for a d(ibt or loan. If th(! Ixdit is not paid. to l)e delivercnl by said bailea as soon as tht* contra<. good any damage.refrom. The noti(. of another. for th«.e in th(! Khij)j)in^ bill is to be n^ad least favorably to the carrier. on the shipper to show that the carrier was gfuilty of n('<.r pcsrson for hire. The Post Office authorities may. Ik. is r(H[uired to exercise th(. The consigniM. The bailor i. Itdt in can. in such case laust exercise ordinary dili- gence in caring for ihc: goods. TIks borrower is linbh? lor ordinarv care. the c(jutract whether written or i)rintt'd nuUiiies the notice. G. ut what may b(. however. when using the property as agreed upon the borrower is not -sponsible unless Ik." one owning' the property. Where property is borrowed to be uschI lor the benefit of the borrower. If a person ships ^oods and r<!c(!ives a (jontract without reference to the notices. us*.''li<r(nic(!. 275—278 If an accident. His liability is principally gath<!red from his Bill of Ladin<:^. In su(. without hire. the bailee the one to Avhom the property is en- trusted.curs. whether he knows of the notice or not. and giving nothing as com])ensasion.rt! goods are hdt in the hands of a person to be sold on commission. 5. 4. rAWNIUiOKEUS are persons who loan small sums of . various classes: 1. When. ordinary diligi ii. (!xi)r<sssed or implifd. if proved if-uilty. a carrier is not responsible for any un- avoidable delay. be held resjionsible. 275. As the i>arties are benelit(. Where goods an. nMid(. occurs. over the amount of the debt must be returned : to the owncu »vho gave it in ])le(lg('.h case the jxu'son borrowing. and will be.

in case any is sustained through the delay. A man buying his ticket after the train is due cannot. the com- pany must be informed. The law requires that for a train running through the coun- try a bell miist be sounded or a whistle blown eighty rods before reaching a crossing.'e of business. . iurniture and other similar kinds of property as security. Their isign of "three balls" is required to be exhibited be- fore their plai. any overdue train will be likely to arrive This does not. so that due care and caution may be taken with it. is in the baggage. and take jewelry. or a pas- senger is not obliged to give his ticket to him. RAILWAYS. as he is aware of the train being late just asmuch as the company was. to the best of their knowledge. as a gold watch. provided there is a loop or handle to on which to fasten it. or cause to be written. but for what loss can be shown to have been suffered. re- lieve them of their liability for damage. A man and his wife may take a double quantity of baggage two — hundred pounds. 277 RAILWAYS. The company would not be respuueible if they -were not in- formed of it being included Avith their ordinary baggage. Arailroad is not responsible for the life of any person walking on the track. sue the company for damages. 277 . of course. They must also have a license. 1 1' I If anything of value. Arailroad company must give a check for all personal baggage up one hundred j)ounds weight. raouey. CHAPTER XIX. Trains must not be run at a greater speed than six miles an hour through a city or any thickly populated community. under a penalty of eight dollars and refunding the passenger's fare each time they refuse. the time when. in a con- spicuous place. Railroad companies are liable for damages in case of any unreason- able delay. and be kept blowing or sounding until the engine has passed the crossing. Railroad companies are also obliged to provide rooms for their passengers to wait in. Every conductor is obliged to have a badge ou his cap. Not for any imaginary damages. They must at every station write. however. and also to keep these rooms free from tobacco smoke and other kindred nuisances. A man paying his fare on the train must present a reasonable i!H amount that the conductor could be expected to change. Foot passengers are supposed to look out for themselves.

at which the ticket is wanted. 270. If a person jumps off' a moving train without the knowledge oi the conductor. PROMPTNESS. and gets hurt. or ordinary stopping. and is still ejected. can be put off" at any etation. no matter how long after date. The company is liable in damages for any injury sustained by a person getting off' a train while in motion. for it would only be laughed at by the operators. may be returned to the head office. the company is not liable for any damages. even thoiigh he could not have been injiired. HOTEL KEEPERS. may collect damages. CHAPTER XX. as the company would be liable for damages unless that train stopped there. Never put "in haste" on a telegraph message. and having a license for . A person who has a ticket and cannot find it. for it does not hasten it any. TELEOK AFH COMPANIES agree not to divulge the con- tents of any message to any except to the person to whom it is ad- dressed. 278—280 A passenger whorefuses to pay his fare. Never pay anything extra for having a message quickly transmitted. This is the reason why a ticket agent will not sell a passenger a ticket if the train does not stop at that station. and the difference between its price and the single fare will be refunded. The company does not hold itself responsible for accuracy in transmitting the message unless the sender pays for repeating back the message. 278. But if a person jumps off" a train when a collision is liable. or n(»ar any dwelling house. if you are able to fight the Hotel keepers or other persons engaged in the business of furnishing board and lodging for travellers. A ticket bought at a station lor a certain place is a contract that the train next leaving that station stops at that place. is being put off. until used. HOTEL KEEPERS. 280. had he remained in his seat. The company is responsible for any loss sustained by an unnecessary delay. the company is responsible. A return ticket purchased at regular rates is good for a continuous trrip each way. or who for any other cause ibr which he may be put off" the train. The company would then be responsible. and offers to pay his fare. A return ticket which cannot be used for the return within the time. or contrary to his will. under the countenance ol the conductor.

1. such purpose. that will be treated in this work. If the building were closer to other buildings than was stated in the application. The princii)le of fire insurance i& indemnity. If the building being insured is vacant at the time. the policy would be vitiated. if so required. If there were an incumbrance on the property. and the owner does not disclose the fact. That he refuses to pay the fare in advance. the policy would be void. or if considerable quantities of coal oil. and therefore the insured should be very careful to disclose all facts mater- j>80 ' CASES THAT DESTROY or void the insurance policy. and these facts not disclosed in the application. 285. 1. That the person is intoxicated or disorderly. .j. If it should become va<>ant afterwards. In this case there is the greatest necessity for good faith. it would destroy the policy. and the company is not . Marine and Accident. may retain the property of any guest who does not pay his fare. 28. 281—286 INSURANCE. except. except for gross negligence. If any were placed on afterwards. There are four general classes of insurance: Fire. 282. That they have no accommodation. and the guest refuses or neglects. The landlord is also liable for loss by fire sustained by the guests. If things of value belonging to the guest are asked by the land- lord to be given in his care. 3. The proprietor ot any such public house. 6. whether it is in the care of the landlord or in the guest's room. That he has some contagious disease. ft notified. If the guest has property stolen. neither are they responsible for I?|il: i loss of property sustained by the boarders. until the bill is paid. the policy is void from its inception. 4. THE HOST'S LIEN. BOAlvDINGr HOUSES are not compelled to receive any person. unless they desire to do so. FIRE INSURANCE. are obliged to accept any person who demands enter* tainmcut. gun powd«»r or other intlamable material were on the premises. 2. 281. Life. the company must be informed. CHAPTER XXL INSURANCE. 2. the landlord is responsible. That he is a reputed burglar or thief. and the owner said there was not. 3. then the landlord is free from liability. THE HOST'S LIABILITIES. being already full. 284.

Where nothing is said by the company. INSURANCE. the comi)auy would be free. The onus of proof of what was in the building at the time of fire rests with the insured. he may have the unearned premium returned to him. In case of a change of ownership. the statutory condition is one year. the amount of insurance paid is the loss at the time of the fire. CHANGE OF GOODS.. When "floating" policies are taken out. If goods are changed from one building to another the consent of the company must be obtained. FLOATING. 2m). otherwise. hence the insured must be very careful what answers are given to the various questions in the application. Two OR More Policies. In this case it would not be a proportionate sum to the whole premium. If property is insured in more than one company. but the company will charge the regular rate for the shorter term and refund the balance. by the amount of insurance. limited. Therefore. THE LOSS for which the company indemnifies is that Avhich actually occurs at the time of the fire. Changes on Building.POLICIES. 287. in case of fire. A mechanic's risk may be secured for a small extra fee. the company must be notified before beginning. according to- the rules of most companies notice must be given immediately. If the company prefers not to take the risk under the new owner. the name of the new proprietor must be given and accepted. If the old owner does not want the policy transferred. 5. 201. no insurance whatever would be paid by any of them in case of fire. of course. In case of fire occurring. and not that of the company. . "Where any considerable change is made in the building. and not tor the amount which was in the building at the time it ^vas insured. that requires the presence of mechanics. no matter whether it is the identical goods insured or not. without the coneent of all the companies. the insured must act in good faith at the beginning and see that all the facts material to the risk are honestly and truly set forth in the applic^ation. 6. it may cancel the risk by repaying the unearned portion of the premium that had been paid. THE INSURANCE AG-ENT is regarded as the agent of the insured. 2«8. and may be expected to evade payment of a loss if there is a reasonable chance. The com- pany will stand rigidly on the printed conditions on the application you have the agent fill out. Change of Ownership. The agent might be honorable. His financial interest is in securing your application. 287—201 4. 380. and he might be just the oppo- site. NOTICE OF FIRE. This policy holds good so long as the quantity is kept up. Then the insurance remains in force in the new building. but the exact meaning of that term has not yet been decided. and the old one released.

sometimes for a month. and.^8. Sometimes the insurance is for a certain number of voyages. or her earnings.00.!. and a part or the whole of her l< f' . six months or for a year. All marine policies have the average clause. lu auv case. and a false statement Avould endan^'i'r the claim against the company. As soon as the company is notified of the loss it will send au agent or adjuster to inspect the premises and estimate the loss.000. biat whatever the compauy's printed coiulitions are ^vi\\ hold if reason- able. Marine insurance indemnifies for all the various losses which may result from the perilous sea voyages. etc. bailiffs. has to be verified by allidavit. A ship may be insured while she is on . or repair the articles injured.000. A marine policy is taken out by the owner or charterer of a vessel when it is ready to start on a voyage. WHEN AT SEA. which leaves them liable to pay the loss only in the l)roportion that the insurance bears to the value of the vessel or cargo insured. ADJUSTMENT OF LOSSES. the cargo and the freight. A cargo Avorth $12.00. !^f The burden of proof of seaworthiness lies with tho party seeking to insure. The cargo is necessarily insured just for the voyage. insurers should be careful that they do not take a policy of that form unless the rate of premium is also one-third lower ^'ii than other companies. capable of resisting an ordinary storm on the route ou which she runs. or 2")ay the loss in inoiu>y. AMOUNT OF LOSS PAID. as well as of lire. each :' ' I. MAEINE INSUllANCE. in case of joss the company Avould only pay two-thirds of $8. These include i?torms. Some companies use what is called an "average clause. iiUJ. as creditors. theft. where there is no insurance the : loss is divided between the vessel. Usually the amount of loss (Ifi is paid in full to the amount insured. sometimes called "freight. cargo having to be thrown overboard. also.000. The company may either rebuild. In marine insurance there must be a guarantee that the ship is seaworthy. and even piracy and capture in tim(^ of war. 25).! ' bearing its proportionate amount." by Avhich the company only pays two- thirds the loss. the company should be uotilied immediately. insured for . that is. The value of the articles. In case of a ship being in distress. i' i A partial crew." can also be insured. 294. itemized. warehousemen. or the want of au anchor. Policies may be given to various persons. 00. that she is properly equipped and manned. MU The cargo of a vessel. also where a portion of the cargo may be thrown overl)oard in time of danger so as to save the remainder. 2JK}. would render a vessel unseaworthy. f m 292—295 INSURANCE.

Such a policy can- not be touched by creditors. 3. LIFE INSURANCE. 2. the Chosen Friends. i»$>8. A creditor may insure the life of a debtor. The stock companies. The assessment societies. Not all companies have reached this point of equity yet. 1209. A husV)and may insure ^he life of his wife or child. The principle of life insurance is investment. and other causes were given. in case of the insolvency of the insured. The mutual companies.}. It is not the intention of this work to discuss the merits of the various systems. also are material. but . but some other person. Certain misrepresentations will void a policy. as the United Workmen.. to the extent of premiums paid. INSURANCE. An untrue statement in regard to the age. then it can- not be assigned withoiit that person's signature. the money cannot be paid to the beneficiary. If made payable to a wife or child. In this case he may borrow money on it without any other person signing the assign- ment. thus giving their patrons full assurance that after that time no ques- tion will ever come up as to fraud or concealment when being in- sured. For instance. etc. such as the Federal Life.. In the latter case the creditor (. except in certain cases. and- in as many I'ompanies as he pleases. has been held to void the policy. 206—299 her voyage. Members of a partnership firm may insure the different partners. The insured may make it payable to himself. The person to whom the policy is made payable is called the beneficiary. etc. etc. or other person.'au only recover to the extent of his debt. as the laws of heirship will give it to his rightful and legal heirs. Any person may insure his own life. or the causes of death of brothers or sisters. or vice versa. and void the policy. . MISREPRESENTATIONS. if several mem- bers of the family had died with consumption. valid. the Canada Life. 2. THE BENEFICIARY. and even to state an untruth in regard to the insured being married or single. WHO MAY INSURE. Also in this case ii is liable to be seized for debt in case of insolvency. etc. If the beneficiary is not a natural heir. and also insure for as large a sum as he can afibrd to pay for. and not knoAvn whether she is safe or it is whether lost. notwithstanding the wording of the policy. Thtj insunince in even though the vessel were lost at the time. or with cancer. it would void the policy. Some companies make their policies incoutestible after three years. Canadian Home Circle. Jim. unless a creditor. and the insured dies without a will. the Sun Life. the remainder going to the deceased's legal reprenentatives. There are various forms of companies doing a liie insur- ance business 1. parents of grandparents. 297. 1.

aoo. many times. A person. 305. 30e. to make a valid will. 300—307 WILLS. but the one who is disposing of his property. ACTION TO EECOVEli the insurance money must b<? taken within the time lixed by the policy if the company refuse to settle. i. 301. Avill likely be driven to it in order to secure pntronagc." The company's consent should be obtained before travelling out- side the limits mentioned in the policy. or before engaging in any other occupation." should not be forgotten by laymen. This -will end the legalized robbery of the old companies. It is an old saying bvit a true one "that corporations have no souls. which "will take the insurer's annual premium for years without investig-ating the facts furnished at the time the risk -was taken until death occurs. of sound mind and free irom constraint or any undue inlluence. A WILL is a w^'itten instrument left by a person in which he gives direc^tious for the disposal of his ]>roperty alter his death. SUICIDES. Lii'e and Wager Policies. CHAPTER XXIl. A will should not be the last act of a man's life. too.r policies.. ^not the one who writes it. they do not represent the deliberate judgment of the testator nor meet the requirements of natural justice. CLASSES OF POLICIES. on a mere quibble or an unguarded statement by the person who is then gone and \inable to give testimony. dictated under intense excite- ment. 303. !. NOTICE OF DEATH should be given as soon alter the event occurs as i)ossible. TESTATOR is the name given to the party who makes the will. Death occurring through sickness would not draw the insurance. »04 ACCIDENT INSUKANCE POLICIES are those which provide indemnity in case of accid(>nt. No Avonder that so many of them are broken in the courts. fi 307. must be of the age of twenty-one years. There are three general classes of policies. Persons who while temporary or per- manentlylinsane destroy their own lives do not aflect their policies. paying so much per week for a certain number oi weeks if disabled. "here's to the man who writes his own will. m WILLS. and then endeavor to evade payment. 302. The lawyer's toast. Persons who in their right minds commit suicide vitiate the-. EXECUTOR is the person named in the will as the one . as there are dill'erent rates for dilferent risks. or the whole policy iji case of death through ac(>iclent.'Endowment. Not everybody is fit to write a will. drawn in haste.

It should be properly dated and witnessed by two persons not interested. and every man should be able to write his will. to make a new will. presence of the parties interested. tor. 311. 11. 3. Where a person makes a will. That this is his last will and testament. and then living several years longer. and thus make it legal. AVILLS. He may confirm the the former will afterwards. 315. (i. CODICIL. A witness might be an executor. None but a lawyer can prove a will. however. WHO MAY DRAW A WILL.son of experience and ability should be entrusted with so important a matter. :508. It is safer. it often becomes necessary to make a new will on account of the many changes ha\ ing taken place. *7. Such codicil should set forth clearly . 8. 10. . sometimes. When only a few minor changes might be de- sired to be made in a will. 312. It should contain: 1. It should give the names in full of all the heirs. RROYING OF A WILL. and the particulars of every bequest. That it revokes all former wills and bequests. 4. 5. 9. it IS as well simply make a codicil to the will. The testator may Avrite his own will if he desires to do so. INTESTATE is a porson who dies without making a will. A clear and definite statement of how the property is to be divided. The witnesses may be minors if old enough to understand what they are doing.iOJ). CHANGING. 314. Any other person who can write clearly the desires of the testator. «IO ADMINISTRATOR is the one appointed by the Surrogate Court to settle the ail'airs of the estate of a person who dies without making a will. but j^rudence would dictate that none but a por. assoon as convenient or becoming. lIlillK OR LEGATEE is the one who receives property under the Avill. the confirmation being signed and witnessed. ^ . the will should be read in the ^. his address and calling. The name in full of the testator. as well as that of the testator. After the decease of the testa. 2. The wihiesses should sign in the presence of each other. Executors should be appointed who have been previously con- sulted. instead of making a new will. REQUISITES TO BE OBSERVED. and then proved in the Surrogate Court. in which case it is better to burn the old one. A will IS revoked by the testator afterwards marrying. 308—315 who carry out is to itH provisions and look alter the property until its distribution anioni? tlio lu-irs. 313.OF WILLS. The testator should sign in the presence of the witnesses. How debts and expenses are to be provided for.

According to the statutes of Ontario.LITIGATION. 8. will go to those children if the legatee should die before the testator. but this is no longer the case. If there has been a change in the property. it should state whether this is a second bequest or merely a couhrraation of the one already given. aud describe accurately the will it be- longs to. his debt was forgiven. 4. before being proved. An administrator may apply for authority to act in that capacity w^ lourteen days after the death of the owner of the estates. Sailors at sea may also in the same way.. who dies before the tes- tator. but using the word "codicil" in place where "will" is used. even though they had been mentioned iu the will to receive a lejjacy. may be removed by proceeding in the Surrogate Court. 31«. If advances have been made during lifetime to a child on ac- count of legacy. 317. such amount should be noted iu the codicil. 318. if made at least six months before the decease of the testator. who may have children. An administrator is on* appointed by the Surrogate Court where no will is left by the deceased. It should be signed and witnessed the same as a will. either by the ac- quisition of more or the disposal of any part of the former. 5. may be compelled to show his books before the County Judge by any of the heirs who is tAventy-oue years of age. An executor who is believed by the heirs to be acting unwisely or unjustly. Sometimes in making a will the testator adds a clause that in the event of any person com- luenciug proceedings to break the will. 6. CHARITABLE BEQUESTS. An executor that is found to be wasting the estate or committing acts ot injustice against the heirs. A legacy to a friend. An executor may enter at once upon the work of carrying out the provisions of the will. 1. 2. such person shall not receive any portion whatever. IE . educational institutions. and settle- ment must be made within one year or the administrator becomes personally liable for any loss that may occur. any charitable bequests for churches. not may be set aside by the courts. PREVENTING. SUNDRY. It should also confirm the parts of the will it does not change. as soon as it has been publicly read. etc. Soldiers in service may dispose of their effects by simply signing a written statement of how they wish their property to be disposed of. It was formerly the rule that if a debtor were appointed execu- tor. 816—818 WILLS. bequeath their effects as they wish. lapses. A legacy to the testator's child. That it is a codicil. the codicil should regulate the bequests accordingly. If it gives a legacy to one who already had a bequest. without any of the for- malities of a will.

Pedestrians have the "right of way" on public streets. A promise to answer for the debt or default of another is worth- less unless put in writing. and if they be dead the eldest brother. If advantage be taken of a person while in a state of intoxication the contract may be set aside. After a note has been made to interline it relieves both maker and endorser. that is. may be set aside by an action brought for that purpose. Bargains without a "consideration" are void. A tenant cannot sub-let the premises if the landlord objects. 319. 819 Where the wife administers on her deceased husband's estate. the lather^ or mother. and if drivers of vehicles run them down or do them injury by colliding with them they are liable to fine and also for damages. SUNDRY IMPORTANT ITEMS. It is not necessary to put the words "value received" in a note^ but they are usually inserted. A person administering must first obtain the consent of all the heirs. . If the property were sold under the mortgage. An endorser on a note is free if it has not been legally presented for payment. No person but a lawyer can now "prove" a will. hence mort- gagees nearly always sell the property so as to procure a good title. it could not thus be redeemed. if living. CHAPTER XXIII. unmarried. brother. without foreclosure of a mortgage. may be redeemed within twenty years by pro- curing an order from the Court of Chancery. A note or any contract made on Sunday is void. dies without leaviuj^ a will. if he be not the iather. An involveut person may sell his property to pay what debts he can any time before being declared insolvent. One person or vehicle meeting another on the highway must turn to the right or be liable for damages. but ho cannot sell by- Bill of Sale on the eve of insolvency. A minor is liable for the debts he may contract for necessaries. SUNDRY IMPORTANT ITEMS. wife. sister or child of deceased. is entitled to administer. The sale or transfer of personal property by an insolvent debtor within sixty days before making an assignment. she cannot bo compelled to do so under one year "Where a man. either through force or voluntarily. lieal estate being simply taken possession ol.

4 1.I 1= 1.0 50 '™^" ^ 1^ 12.2 2.6 &/a V] 7 V m 4^ \:\ '^ > /A V 6^ ^'\ rv «^^ y ri>^ .5 1. IMAGE EVALUATION TEST TARGET (MT-3) 2.25 1.0 I.

I .

There are three classes of persons over whom the courts here have jurisdiction: (1). (2). By au Act passed in the last session of the Ontario Legislature. but the ''homestead exemptions" over there are so numerous that in the majority of cases nothing could be re- <. (3). and persons proved guilty of selling or giving it to them are liable to damages. 322. viz. A convenient form at W the beginning of the letter would be similar to the following: Dear Sir : " Without pre/udire " / hereby make you the Jallowing prO' position. Hence by using these words in that way a person who wishes to avoid litiga- j tion may safely make advances to secure a peaceful settlement. and if not successful his case is not jeopardized. may be followed and suit brought in the American court. the person living here. although the work was to be performed in an- other country. The two words "without pre- judice" have great importance when used in a legal sense. but the case goes to suit. WITHOUT PREJUDICE. This use can be best shown by an illustration. and writes them across the upper left hand corner of his letter. In case of residence. 32(K JURISDICTION OF CANADIAN L. locks and doors of the building he leases.I. etc. but the one desires an amicable settlement and is willing to make any reasonable oncession to effect i it. Wages of workmen cannot be garnished unless the amount of wages due exceeds $25 and then only the part over the $25 can be touched. this let- ter cannot be used in court as evidence against the writer. whatever it may be. and then makes his proposition. and going into the United States. the landlord is required by law to keep in proper repair the roof. The Canadian law prevails in the case. although his residence might be in another country.overed.: Two persons are at variance and likely to be drawn into court. Unless the lease expressly states the contrary.OURTS. The effect of those words is. therefore. LANDLORD'S COMPULSORY REPAIRS. He. If the person has property here. Also a debtor who may be taking the benefit of the Statutes of *" ' '' :' - • 11 111 h' \i . A debtor leaving Canada. The finder of negotiable paper. or in the body of the letter. In case the con- I tract was made here. money or other property is required to make reasonable efforts to find the owner before he is entitled to appropriate it for himself. takes these two words. that if the other party should not accept the proposition and terms thus offered. If he conceals it he is liable to a charge for larceny or theft. I'M S20— 322 SUNDRY IMPORTANT ITEMS. boys under eighteen years of age are not allowed to use or keep in their possession any tobacco. JWl.J. loithoul prejudice. unless the debt is for board and lodging and in the opinion of the Judge the exemption of $25 is not necessary to the support and maintaiuance of the debtor's family.

328— 32t> Limitations may. or make return of the prop- erty if a return is adjudged. be brought before a Justice and if convicted be liable to a penalty of not more than $100 nor less than $25. have been wrongfully detained. If the value of the goods for which the Writ of Replevin is obtained does not exceed $60. may. and pay such damages to the defendant as he may have sustained through the proceedings. or land. but have been wrongfully detained. knowing the same to be false and spurious. frankly acknowledge the just? ice of the claim against him and assure his creditor that he wiP stil pay him. then one-half goes to the wife. if over $60 and up to $200. 324. or where the original coming into possession of such property has been rightful. In case where the claimant can show that the delay in waiting for a Judge's order would mater- ially prejudice his rights to such property. A wife dying intestate her separate property is subjectto tne same law as that here given for the husband. an action for sustain injuries damages must be commenced within 3 mouths from the date when the alledged damages were sustained or became known to the claimant. Where persons on defective sidewalks or highway. 323. Any person who wilfully signs any false pedigree intended for registration in any herd. Hock or stud book. a Writ of Replevin may issue without a Judge's order. A copy of the writ is not served on the defendant until after the property has been replevied or as much of it as is possible. one-third the prop- erty goes to the wife if living. the writ may issue from the Division Court. and remainder to the children. 325. by using these words. and the remainder goes to the husband's parents. the writ may issue from the County Court. LAWS OF HEIRSHIP. . without reviving the legal liability. may obtain a Judge's order for a Writ of Replevin. A person whose goods. chattels or personal property of any description. The children are the legal heirs to their parents. Before the Sheriff acts upon a Writ of Replevin the claimant is required to give him a bond to treble the amount of the property that he will prosecute the suit without delay. If there are no children. SUNDRY IMPORTANT ITEMS. For an unmarried man or woman the parents are first heirs if parents are dead. or brothers and sisters if parents are deceased. or who presents to the secretary or other official having charge of the register for the purpose of having the same entered therein any false or spurious pedigree. 326. DAMAGES TO PRIVATE PROPERTY. together with costs for each pedigree so signed or registered. . REPLEVIN. FALSE PEDIGREE. then the brothers and sisters come next. The husband dying intestate having children. In such case the Sheriff would take and detain the property until a Judge's order or rule of the Court is obtained. any time within two years from the commission of the offence.

whether on the high seae . banker. Counterfeiting or altering money. or vice versa Murder. EXTRADITION. 328. Forgery. counterfeiting or altering. CHAPTER XXIV.. Crimes against bankruptcy or insolvency law. or attempt- ing to do so. 327. Manslaughter. agent. 1. committed on I* board or against a vessel of a foreign state. 11. or attempt or conspiracy to murder. factor. 7. Embezzlement. Child stealing. 3. by talse pretences. Kidnapping. 18. Perjury or subornation of perjury. Criminal scuttling or destroying such a vessel at sea. The penalty for any licensed person who ajlows to be supplied in his premises by sale or other- wise. The person who actually gives the liquor is liable to a similar penalty. Obtaining money or goods. Robbery. The following are the cases for which a person may be extradited from the United States to Canada. 1*7. False imprisonment. Piracy by municipal law or law of nations. nor more than $20. whether on the high sea or on the G reat Lakes of North America. or uttering what is forged. Abduction. 6. or by a direct- Fraud by a or. 9. bailee. trustee. 21. 15. member or officer of any company. Assault on board such vessel at sea. 13. with intent to extort. 2. 10. LIQUOR TO MINORS. Larceny. 22. 8. 20. and uttering counterfeited or altered money. 327—328 EXTRADITION. 4. Rape. counterfeited or altered. liquor to a miuor alter proper notice is liable to a line of not less than 1 10. 14. or valuable securities. Threats. EXTRADITION. 12. besides costs for every such offence. by letter or otherwise. house-breaking or shop-breaking. which fraud is made criminal by any act for the time being in force. 16 ^irson. 19. 5. Burglary.

with iutent to destroy life or to do grevious bodily harm. against the authority of the master. CHAPTER XXV." c. until the article purchased is in your possession and found to be ac- cording to agreement. and payment therefor cannot be enforced. "An Act respecting offences against the person. is liable to be tried or punished as if he were the principal. Always take a copy of every agreement that is made in 'vrit- ing." b. is found to be not according to agreement. "An Act respecting offences relating to the coin. 329. An article or a machine having been ordered. which. 329 or on the great lakes of North America. should not be received. "An Act respecting forgery. but i/ou can refuse to give ^ e order. upon arrival at the freight or express office. which should also b ' marked "copy. whether on the high seas or on the great lakes of North America. 2." 3. it must be received if delivered at the place and time agreed upou. 28. Every class in the community has this enemy to watch against. Any offence which is. 24." d. The following suggestions may be of service to farmers in guard- ing against the plots of their enemy in this line: 1. except it be to a well known firm. 40. C. to the copy you retain. Any oiFence under either of the following acts. The laiv does not compel an agt ut to give a copy of the orders he takes. or any order given for machinery. "The larceny Act." . in the case of the principal offender. part. aUARDINa AUAINHT FRAUD. 2nd sched. The agent should sign the company's name. Although your order may be combined with an agreement as to the terms of payment. Of course. 3. in some line. it will not bind you until you have received the goods. or conspiracy to revolt by two or more persons on board such a vessel at sea. and not in- cluded in any foregoing portion of this schedule a. and for which the fugitive criminal. 25. though not the principal. but if not according to contract. V. goods. Never give money or a note. "An A t respecting malicious injuries to property. if the article is according to contract. included in any foregoing portion of this schedule. GUARDING AGAINST FRAUD." 25. etc. together with his own. the article should lue refused. Revolt. The itinerant swindler is always operating somewhere.

Then it is not negotiable and if there prove to be fraud or misrepresentation in connection with the transaction the note cannot be collected. In dealing with a strange agent. It is better to use one of your own blanks. or the agent of a strange firm. In dealing with an agent. agreement or order is made. And if the party will not accept such a note it is suffix ient evidence that there is something wrong. as such documents have been a fruitful source of fraud. or write out a note from plain w^riting paper making the note payable to the person only.Goods purchased when a lien is retained ou them. be assured of this. 6. never sign any lengthy doc^iment purporting to be an order or agree- ment. 8. 4. If an occasion should ocimr when it -would seem desirable to en- 1 1 ter into an agreement requiring such an instrument. \''V . 320 GUARDING AGAINST FRAUD. Don't sign agency papers for anything unless with a well Known firm. that nothing but the written document will be considered in court. or any other person where a written contract. 7. 6. without either hearer or order being inserted. If for any purpose it is necessary to give a promissory note to a stranger for any new kind of machinery or other property. No matter what else the other party promises in addition by word of mouth. the hiAV re- quires that a copy of the lien be left with the purchaser. it is not safe to use one ot their printed lorms unless it is a plain note without any clauses or words being added. it should not be signed except in the presence and under the advice of a lawyer. or even in writing if on a separate paper or not referred to specially in the contract as a part of the contract it is utterly worthless.

This Indenture made (in dup)i"ate) the first day of April, in
the year of our Lord one thousand eight hundred and ninety-two, IN
Between James Smith of the Township of Stamford, County of
Welland, and Province of Ontario, merchant, of the first part, and
Mary Jane Smith, wife of the party of the first part, of the second
part, and Walter Winters of the Township of Stamford, County of
Welland and province aforesaid, yeoman, ot the third part.
Witnesseth that in consideration of three thousand dollars ($3000)
lawful money of Canada, now paid by the said party of the third part
to the said party of the first part, (the receipt whereof is hereby ac-
knowledged,, he, the said party of the first part, doth grant unto the
said party of the third part, in simple fee
All AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the Township of Stamford, County of
Welland, and Province of Ontario, containing by admeasurement one
hundred acres, be the same more or less, being composed of the South
part of lot Number 19, in the *7th Concession of the Township of
Stamford aforesaid.
To have and to hold unto the said party of the third part, his
heirs and assigns, to and for his and their sole and only use forever,
SUB.TECT nevertheless, to the reservations, limitations, provisos and
conditions expressed in the original grant made thereof from the
(Note: The Jive foUoioing items are the covenants, that make a war-
ranty deed of th's.)
The said party of the first part covenants with the said party
of the third part, that he has the right to i-onvey the said lands to the
said party of the third part, notwithstanding any act of the said party
of the first part.
And that the said party of the third part shall have quiet posses-
sion of the said lands, free from all incumbrances.
And the said party of the first part, covenants with the said
party of the third part, that he will execute such further assurances
of the said land as may be requisite.
And the said party of the first part COVENANTS with the said party
of the third part, that he has done no act to encumber the said lands.
And the said party of the first part releases to the said party of
the third part, all his claims upon the said lands.


And Mary Jane Smith, the party of the second part, hereby })ars
her dower in the said lands.
In Witness Whereof the said parties have hereunto set their
hands and seals.
Signed, Sealed and Delivered ) James Smith. [L. S.]
in presence of >

Charles Summers. ) Mary Jane Smith. [L. S.]

County of "Welland : ) I, Charles Summers of the Township of

[ Stamford, County of Welland and Province
TO WIT ) of Ontario, gentleman, make oath and say :

That I was personally present and did see the within instru-
ment and duplicate thereof duly signed, sealed and executed by James
Smith and Mary Jane Smith, two of the parties thereto.
2. That the said Instrument and Duplicate were executed in the
Township of Stamford.
3. That I know the said parties.
i I 4. That I am a subscribing witness to the said Instrument and
Sworn before me in Stamford, )

inCounty of Welland, this fourth > Charles Summers.
li! day of April, A. D. 1892. )
John H. Williams,
A CommusUmer for taking affidavits in Co. of Welland.

This Indenture,ir ude in duplicate, the first day of April, in the
j-^earof our Lord, one thousand eight hundred and ninet5''-two.
Between James Smith of the Township of Stamford, County of
Welland, Province of Ontario, merchant, of the first part, and Mary
Jane Smith, wife of the party of the first part, of the second part, and
Walter Winters of the Township of Stamford, County of Welland,
Province aforesaid, yeoman, of the third part.
Witnesseth that the said party of the first part, for and in consid-
eration of the sum of three thousand dollars (|3000) of lawful money
of Canada, to him in hand paid by the said party of the third part, at
or before the sealing and delivery of these pre**ents (the receipt whereof
P is hereby acknowledged). Ha.s G-RANTED, released, and quitted claim,
and by these presents DOTH GRANT, release and quit claim unto
the said party of the third part, his heirs and assigns all estate,
right, title, interest, claim and demand whatsoever, both at law and
in equity or otherwise howsoever, and whether i:i posession or ex
pectancy of him the said party of the first part, of, in, to or out of
All and Singular that certain parcel or tract of land premises
situate, lying and being in the Township of Stamford, in the County
Welland, Province of Ontario, containing by admeasurement one hun-
dred acres, be the same more or less, being composed of the south part

of Lot No. 19, in the 7th Concession, in the Township of Stamford
To Have and to Hold the aforesaid land and premises, with all
and singular the appurtances thereto belonging and appertaining
unto and to the use of the said party of the third part, his heirs and
assigns forever.
Subject Nevertheless, to the reservations, limitations, provisos
and constitutions expressed in the original grant thereof from the
And Mary Jane Smith, the said party of the second part, hereby
bars her dower in the said lands.
In Witness Whereof, the said parties hereto have hereunto set
their hands and seals.
Signed, Sealed and Delivered ) .Fames Smith, [L. S.]
in presence of >

Charles Su aimers, ) Mary Jane Smith, [L. S.]

Received on the day of the date of this indenture, the sum of
Three Thousand Dollars (13.000).
Witness : )

Charles Summers. \
James Smith.
Affidavit of witness to the execution.
County of Welland ) I, Charles Summers, of the Township of
[ Stamford, County of Welland, Province of
to wit ) Ontario, Gentleman, make oath and say

1. That I was personally present, and did me the within Instru-

ment and the Duplicate thereof duly Signed, Sealed and Delivered by
James Smith and Mary Jane Smith, two of the parties thereto.
2. That the said Instrument and Duplicate were executed in the
Township of Stainford.
3. That I personally know the said parties.
4. That I am a subscribing witness to said Instrument and
Sworn before me in Stamford, County of)
Welland, Province of Ontario, this fourth > Charles Summers.
day of April. A. D. 1892. )
John H. Williams, a commissioner for taking- affidavits.

332. FORM of chattel MORTGAGE—
This Indenture made (in duplicate) this fourth day of January, one thousand eight
hundred and ninety-two.
Between James Smith of the Township of Stamford, County of Welland, Province
of Ontario, merchant, of the first part, hereinafter called the Mortgagor, and Walter Winters
of the Township of Stamford, in the County of Welland, Province of Ontario, yeoman, here-
inafter called the Mortgagee, of the second part,
WITNESSETH that the Mortgagor for and in consideration of Five Hundred Dollars
of lawful money of Canada to him in hand well and truly paid by the Mongag e at or before
the sealing tnd delivery of these Presents (the receipt whereof is hereby acknowledged) Hath
granted, bargained, sold and assigned, and by these presents doth grant, bargain, aett and
assign unto the Mortgagee, his executors, administrators and assigns. All and Sin3Ular the

or any of them or any part thereof. or in case the Mortgagor shall attempt to sell or dispose of or in any way part with the possession of said goods and chattels or any of them. furniture and household stuff hereinafter particularly mentioned and described: One matched bay team. administratorsor assigns to such sale. charges and expenses incurred by such seizure and sale as aforesaid. his executors. Lot No. ad. with interest f"r the same at the rate of seven per ce. or in consequence such sale or removal as above mentioned. administrators or assigns in payment of the said sum of money. It i One democrat wagon. Provided always. or of the interest thereon. his executors. administrators and assigns. and against all and every other person or persons whomsoever. his executors and administrators. and in the next place to pay unto the Mortgagor. adminis- trators or assigns. in good condition. his executors. determine. or cause to bd paid. administrators and assigns against him. All of which saiti goods and chattels are now lying and being on the premises situ- ated in the Township of Stamford. with interest thereon as above mentioned. or suffer or permit tho same to be seized or taken in execution with- out the consent of the Mortgagee. manufactured by Augustine & Kilmer of Humberstone. or cause to be paid. and each or any of them. his executors. that it shall not be incumbent on the Mortgagee. And the Mortgagor doth hereby for himself. shall and will well and truly pay. administrators do and shall well and truly pay. chattels. his executors and administrators. his executors. And from and out of the pro- ceeds of such sale in the first place to pay and reimburse himself or themselves all such sums and sum of money for principal. manufactured by the Massy-Harris Com- pany. insurance and expenses as may then be due by these presents. administrators and assigns that the Mortgagor.. with his or their ser- vant or servants. Toronto. removal or disposal thereof. Koods. nevertheless. his execu'ors. fences. his executors. the full sum of I'ive Hundred Dollars. hinges. fastenings. and be utterly void to all intents and purposes. shall cease. neglect or failure of the Mortgagor. bis per annum. to the ONLY PROPER USE ANB BEHOOF of the Mortgagee. And upon and from and after the taking possession of such goods and chattels as aforesaid. interest. as to them or any of them may seem meet. in the Seventh Concession in the Township aforesaid. his executors. bolts. five years old. the Mort- gagor. his executors. PROMISE AGREE and to and with the Mortgagor. enclosures and places for the purpose of taking possession of and removing the goods and chattels. and with such other assistant or assistants as he or they may require at any time dur'ng the day to enter into or upon any lands. first had and obtained in writing. administrators and assigns to sell and dispose of the said goods and chattels. unto the Mortgagee. and for such persons to break and force open any doors. 1893. tenements. shall and will war- rant and forever defend by these presents all and singular the said goods. chattels and property unto the Mortgagee. at public auc- tion or private sale. administrators and assigns. or some or one of them. anything herein contained to the contrary thereof in any wise notwithstanding. and being in possession of the said Jameu Smith. I Pkovided always. 19. Then these presents. the said sum of money in the said proviso mentioned. and are hereby authorized and em- powered. his executors. and in the manner above limited for the payment thereof: And also in case default shall be made in the payment of the said sum of money in the said proviso mentioned. then and in such case it shall a''id may be lawful for the Mortgagee. . To HAVE AM) TO HOLD all and singular the said goods and chattels. his executors or administrators. 832 LEGAL AND BUSINESS FORMS. his executors. houses. locks. executors. gates. green striped. houses and premises where- soever and whatsoever where the said goods and chattels or any part thereof may be. for himself. administrators or assigns. administrators aud assigns. to sell the said goods and chatties. live stock and farming implements unto the Mortgagee. COV- ENANT. black mane and tail. fourteen hands high. is. on the day and time. And one Little Massy-Harris self binder.ninistrators and assigns all such surplus as may remain after such sale and after payment of such sum or sums of money and interest tnereon as may be due by virtue of these Presents at the time of such seizure and after payment of the costs. or tj remove the same or any part thereof out of n the County of Welland. and every matter and thing herein contained. administrators and assigns. his executors. or any part thereof. painted black. with interest for the same as aforesaid. administrators or assigns in consequence of the default. And the Mortgagor. buildings. and all such expenses as may have been incurred by the Mortgagee. on the fourth day of March. the party of the first part. and these present are upon this express condition that if the Mortgagor. administrators and assigns FOR EVER. One set double carriage harness. and the Mortgagee. it shall and may be lawful. his executors. black leather and silver mounted. bars. unto the Mortgagee.

January. [ James Smith. or any of them. administrators and assigns all such sum or sums of money. And the Mortgagor doth put the Mortgagee in the full possession of said goods and chattels by delivering to him the Moitgagee this Indenture of Mortgage in the name of all the said goods and chattels at the sealing and delivery hereof. this deponent. Affidavit of witness PROVINCE OF ONTARIO: | I. in thej County of Welland. \nd the Mortgagor doth hereby further COVENANT. and did see the within Bill of Sale by way mortgage duly signed. (L. That the said Bill ot Sale by way of mortgage was executed in good faith and for the express purpose of securing the payment of the money so justly due or accruing due as aforesaid and not for the purpose of protecting the goods and chattels mentioned in the said Bill of Sale by way of mortgage against the creditors of the said James Smith th^ mortgagor from obtaining payment of any action against Him. administrators or as- signs peacefully and quietly to have. but that in case of default of payment of the said sum of money. ) by way of Mortgage named. y. hindrance or interruption of h he Mort- gagor. in the said County of Welland. ) James Brown. that the Mortgagor. during the con- tinuance of this mortgage. and that the name Charles Summers set and subscribed as a witness to th^ -ution thereof. Walter Winters of the Township of Stamford. And the Mortgagor COVENANTS with the Mortgagee that he will. with interest thereon as may then be remaining due. Charles Summers. Sworn before me at Welland. on demand.) In the presence of Charles Summer. his executors and administrators the policy or policies of insurance and receipts thereof appertaining. the mortgagor in the foregoing Bill of Sale by way mortgage named is justly and truly indebted to me this deponent. eviction. County of I County of Welland. occupy possess and enjoy the sail -^ooda and chattels without the let. is of the proper han'' "riting of me. »' ^arties thereto. assign and deliver over to the said Mortgagee. administrators or assigns. or cause to be paid. ) Charles Summers.) Affidavit of Mortgagee- PROVINCE OF ONTARIO: I. a commissioner for taking affidavits in H. (L. C. ited at the Town of Welland. 4th day of January. molestation. mechanic. and any or every renewal thereof. S. hold. and shall be repayable with the principal sum hereby secured. PI !SE and AGREE to and wim the Mortgagee. In witness whereof the parties to these presents have hereunto set their hand and seals. his executors a admir istrators shall and will forthwith pay. in the County of Welland. and that the same was ex<. a commissioner for taking affidavits in H. and such sums of money shall be added to the debt here- by secured (and shall bear interest at the same rate from the day of such payment). use. . his executors. Recived on the day of the date of this Indenture from the mortgagee the sum of five hun- dred dollars mentioned. 1892. unto the Mortgagee. his executors or administrators may pay the same. it shall and may be lawful for the Mortgagee. this Walter Winters. sealed and delivered by James Smith and Walter Winters. his executors. S. Sealed and Delivered James Smith. y. with interest thereon as aforesaid. and will pay rvll premiums and moneys necessary for that purpose as the same becomes due. make oath and say: That I was per- i-of to wit: j sonally present. Provided that if on default of payment of said premium or sums of money by the Mortgagor. Welland. [ to wit. Welland. INSURE THE CHATTELS hereinafter mentioned against loss or damage by fire in some insurance office (authorized to transact business in Canada) in the sum of not less than Five Hundred Dollars. this 4th day ofj. in the yci-r of our Lord. Walter Winters. Charles Summers of the Township of Stamford. or any other pi i or per- sons whomsoever. his exjcutors. the. the Mortgagee in the foregoing Bill of Sale. administrators and assigns t in case the sum of money realized under such sale as above mentioned shall not be suffit to pay the whole amount due at the time of such sale. James Brown. MortRaRee. Signed. Sworn before me at Welland. yeoman. his executors. Witness. make oath and say: " That Tames Smith. County County of Welland. Walter Winters. C. the mortgagee therein named in the sum of five hundred dollars mentioned therein. 1892. and will.332 LEGAL AND BUSINESS FORMS.

C. Province of Ontario. LEGAL AND BUSINESS FOKMS. 1892. Walter Winters. and Walter Winters of the Town- ship of Stamford aforesaid. 1892. ONTARIO: I. A. County of Welland. One payment has been made on the said mortgage. aforesaid. Charles Summers. That I know the said parties. t i ^ . this fifteenth day of December. 1891 . student. ) James Brown. ) James Brown. jf. 1891 35 00 $535 00 -Cr. of the other part. and was registered in the office of the Clerk of the County Court of the County of Welland on the fifth day of January. 1892.annexed statement. and of all payments made on account thereof. and that I am the person entitled by Jaw to receive the money. A. RENEWAL OF CH/. do certify that James Smith of the Township of Staniiord. 4287. Walter Winters. 2. in V Charles Stmmers. 1892.00 833. thist Walter Wintbrs. D. Student. The said Walter Winters is still the mortgagee of the said property and has not as- -signed the said mortgage. of the Township of Stamford. To the Clerk of the County Court of the County of Welland. The amount still due for principal and interest on the said mortgage is the sum of tiifee hundred dollars. . yeoman. 2. That I was personally present and did see the within Certificate of Discharge of Chattel Mortgage duly signed. ending January 4. Stamford. of Ihe Township of Stamford.icipal and interest thereon. TO wit: j 1. \ I. make oath and say: 1. a commissione for taking affidavits in • the H. Witness. I: 334. County of County of Welland. County of Well- To wit: and. on the fifth day of January. residence. Affidavit of County of Welland. That the Chattel Mortgage mentioned in the said statement has not been kept 00 foot for auy fraudulent purpose. the mortgagee named in the Chattel Mortgage mentioned in the ) . That the annexed statement is true. Welland. <• •} o u . Charle!. 1892. County of Welland. sealed and executed by Walter Winteis. make oath and say.- By cash January 4. Waher Winters. Summers. ' Sworn before me at the of | Town AVelland. computed as follows: ' ' Principal $500 -C Interest i year. one of the parties thereto. ind day of January. County of Welland. Witness my hand this fifteenth day of December. County of Welland of the one part. That I am a subscribing witness to the said certificate. which mortgage bears date the fourth day of January. and of the amount due for pi. 1892. the year of our Lord 1882. hath satisfied all money due on or to grow due on a certain Chattel Mortgage made by James Smith. and filed in the office of the Clerk of the County Court of the County of Welland. y. a commissioner for taking affidavits in H. viccupation. of the Township of Stamford. 235 00 Balance due $300 00 mortgagee as to correctness of statement and the balance. D. 3. C. I. made between James Smith of the Township of Stamford. D. in the County of Welland. Sworn before me at Welland. 4.TTEL MORTGAGE— Statement exhibitit:g the interest of Walter Winters in the property mentioned in a Chattel Mortgage dated the fourth day of January. FORM OF DISCHARGE OF CHATTEL MORTGAGE- DOMINION OF CANADA. . That the said certificate was issued at the Township of Stamford. That such Chattel Mortgage has not been assigned. and that such mortgage is therefore discharged. as No. A. to Walter Winters of the Township of Stamford aforesaid.

without any manner of hindrance." y of And all the ri. and out of the same and every part thereof. the said party of the now rightfully and absolutely possessed of and entitled to the said hereby as- first part. grants. and all the right. he. 885 336. merchant. his executors. and that the said party of thii first part. described and enumerated. shall and will from time to time. molestation. I' That the sale therein made is bona fide. title. ) I. and Walter due Winters of the Town of Welland aforesaid. his executors. in manner aforesaid. of thousand eight hundred and ninety :wo. in the manner following. hold. but at the cost and charge of the said party of the second part. in the fthe County of Welland. and hath contracted and [the agreed with the said party of the second part for the absolute sale to him of the same. and incumbrances whatsoever: And moreover.-^t part. title and interest of the said party of the first part thereto and therein. titles. and admin- istrators. for his hnrs. Walter Winters. six . at or before the sealing and delivery of these presents. [L. between James Smith of the Town of Welland. BltL OF SALE— THIS INDENTURE. the said party of the first part hath bargained. In witness whereof the said parties to these presents have hereunto set their hands 'ell- and seals. promise and agree with the said party ot tVie second part. administrators or assigns. as aforesaid. e of To Have and to Hold the said hereinbefore assigned dry goods. in manner aforesaid. or to claim any estate. the vendee in the foregoing Bill of Sale named. in. now hath in his good right to assign the same unto the said party of the second part. S. for the sum or six hundred dollars. unto and to the use of the said party of the second part. interruption. that is to say: That he. groceries at i store rties and office fixtures and every of them and every part thereof. and every part thereof. interest. title or interest of. make. assign. and that free and clear. And the said party of the first part doth hereby. to. do and execute. and at all times hereafter upon every reasonable request of the said party of the second part. that he the said party of the first part. peaceably and quietly have. paid by the said party of the second part. possess. and every part thereof. transfer and set over unto the said party of the second part. transferred. to and for his own use I for flnd benefit. namely. and accord- m a ing to the true intent and meaning of these presents: and that the said party here. efiectually indemnified from ?nd against all n of former and other bargains. all such further acts. both at law and equity. soever. it ted Now THIS iNDENTURr WITNESSETH. liter Whkrkas the said party is possessed of the stock of dry goods and groceries and store ly of and office fixtures hereinafter set forth. claim and demand whatsoever. from or by him the said party of the first part. at the cost of the said party of the h.] In the presence of [• OD Charles Summers. or other- wise. that in pursuance of the said agreement. and as- signs. deeds and assurances for the more efTectually assigning and assuring the said hereby assigned goods and fixtures unto the said party of the second part. the vendee of the second part. his executors. administrators and assigns. his executors. groceries and store and office fixtures. assigned. covenant. or otherwise howsoever. or his counsel shall be reasonably advised or required. and for good consideration. as by the said party of the second part. administrators and assigns. light. or any person or persoas whom- : as. of the sec- the ond part. and at iwn. vendor of the first part. claim or demand whatsoever of. Walter Winters of the Town of Welland. administrators and assigns. S. gifts.] j purchase as to the sale being bona fide for value: Affida^fit of County of Welland. or to the said hereby assigned goods and fixtures and every of them. [L. all times hereafter. is signed dry goods. and according to the true intent and meaning of these presents. gentleman. Sealed and Delivered] James Smith. made the fourth day of Auril in the year of our Lord one •s. and enjoy the said hereby as- mty signed goods and fixtures and every of them. sales. done and executed. and every part thereof.^ht. property. and Province of Ontario. and in consideration of the sum of six hundred dollars of lawful money of Canada. executors. his executors. of. sell. to and for his sole and only use forever. in the County of Wol- to wit: land. the Signed. administrators and assigns. and by these presents doth bargain. and freely and absolutely released and discharged. make oath and say. the day and year first above written. administrators or as- signs. and all persons rightfully claiming. All Those the said dry goods and groceries and store and office fixtures as per inventory hereunto attached and marked "A. administrators. (the receipt whereof is hereby acknowledged). sold. of him the said party of the first part. or cause or procure to be made. his execut ins and administrators. and set over. LEGAL AND BUSINESS FORMS. shall and may from time to time. in. his executors. with the appurtances. charges. his executors.

and performed. hereinafter called the lessee of the second part. this !• Charles Summers. his executors. to pay rent. C. C. in the County of Welland. and not for the purpose of holding or enabling me.nises belonging and appertaining. as a Boot and Shoe store. his heirs. here- after called the lessor of the first part. 33«. 4th day of April. and did see the within Bill of Sale duly signed. without any deduction defalcation or abatement whatsoever the first payment to be made . on the fourth day of July next. and that the same was executed at the Town of Welland. and Walter Winters of the same place. make oath and say TO wit: : That I was personally present. unto the said lessee his executors. and appurtauces what- soever to the said prt. to hold the goods mentioned therein against the creditors of the said bargainor. administrators and assigns. Sworn before me at the Town of ] Welland. County of Welland. Affidavit of witness proving the signing. 4th day of April. observed. And that the name Charles Summers. administra- tors. between James Smith of of the Town of Thorold. this I Waltkr Winters. gentleman. A. sealing and delivery of the Bill of Sale County of Welland. executors. covenants and conditions hereinafter respectively reserved and contained by the said lessee. in even portions. ) » ia theCounty of Welland. in the County of Welland. ) James Brown. his heirs or assigns. of quarterly instalments on the fourth days of July. and to pay taxes. ) James BROWiV. administrators. for the term of three years. is of the proper handwriting of me this de- ponent. inclu- ding basement or cellar. in the County of Wei- ) I land. and to repair and that the said . this deponent. unto the said lessor. . 1892. sealed and executed by James Smith and Walter Winters. and by these presents doth demise and lease unto the said lessee all the store and premises on Front Street in the Town of Thorold. in pursuance I! of the act respecting short forms of leases. 1. I. with their appurtauces. the clear yearly rent or sum of three hundred dollars of law- ful money of Canada. Charles Summers of the Town of Welland. Yielding and paying therefor. to be computed from the fourth day of April. y. a commissioner for taking affidavits in H. known as No. and assigns. and lately occupied by James Walsh & Co. Together with all the rights. Sworn before me at Welland. WITNESSETH. hundred dollars. merchant. 836 LEGAL AND BUSINESS FOllMS. 1892. October. members. assigns. D. set and subscribed as a witness to the execution thereof. SHORT HOUSE LEASE— THIS INDENTURE. the parties thereto. iu the Battle Block. one thousand eight hundred and ninety-two. January and April in each and every year during the continuance of the said term. jf. a commissioner for taking affidavits in H. that in consideration of the yearly rents. made the fourth day of April iu the year of OUT Lord one thousand eight hundred and ninety-two. the said lessor hath demised and leased. hereby covenant with the said lessor his heirs and and assigns. i And the said lessee for himself. to be respective- ly paid. to have and to hold the said hereby demised premises. lessor may enter and view state of repair and that the said lessee . And that I this de- ponent am a subscribing witness to the same.

by any creditor of the said lessee. whether lawfully demanded or not or on non-performance of coven- . cultivate. ants or seizure or forfeiture of the said term for any of the causes . the then current quarter's rent shall immediately become due and payable. the rent thereby reserved. and so often as the same shall happen. out leave. : . etc. so as not to impoverish or injure the soil. and that he will leave the premises in j^ood repair. during the said term. till. Signed. then. FARM LEASE— In a Farm lease other clauses are usually inserted. [L.] in the presence of [ Charles Summers. similar to the following.] M37. or shall hereafter be brought under cultivation. and will not carry on any business that shall be deemed a nuisance on the said premises. 837 will repair uccordiiij^ to notice and will not assign or sub-let with- . And also. and all remedies for recovering the same. Canada thistles . S. or in attachment. . defining particularly how the land is to be tilled. And will crop the same during the said term by a regular rotation of crops in a proper farmer-like manner. and will use his best and earnest endeavors to rid said land of all docks. The said lessor covenants with the said lessee for quiet enjoy- ment. wild mustard. And it is hereby declared and agreed that in case the premises hereby demised or any pare thereof shall at any time during the term hereby granted be burned down. and plough said land in each year during said term (seven) inches deep and at the end of said term wili leave the land so manured as aforesaid. red roots. ac(3ording to the nature and extent of the injury sus- tained. Proviso for re-entry by the said lessor on non-payment of rent. the said parties have hereunto set their hands and stills. \intil the said premises shall have been rebuilt or made fit for the purposes of the saii lessee. And that the said Lessee will. in a good hus- band-like and proper manner. aforesaid. so as not to impoverish or injure the soil of the said land. Sealed and Delivered ) James Smith. crops to be raised. In witness whereof. ) Walter Winters. that if the term hereby granted shall be at any time seized or taken in execution. manure and employ such part of said demised premises as is now. or a proportionate part thereof. S. or if the said lessee shall make any assignment for the benefit of creditors. disposition of straw. or damaged by fire. [L. and the said terra shall immediately become forfeited and void. shall be suspended and abated. LEOAL AND BUSINESS FORMS. or becoming bankrupt or insolvent shall take the benefit of any Act that may be in fort-e for bankrupt or insolvent debtors. so as to render the same unfit for the purposes of the said lessee.

damage or destruction (if And will spend. And will preserve all orchard and fruit trees any) on the said premises. together with all the crops. be the same more or less. in the manner follow- ing. devise and bequeath all my real and personal estate which I may die possessed of or interested in. and other noxious weeds. except for rails or for buildings upon the said demised premises. and to have stabling for two horses and bed room for one man. known as the Arlington Block. also lot No. being lot No. use and employ. stock and utensils which may be thereon at the the time of my decease and also the property in the city of St. or to be erected. in a husband-like manner.unty of Welland and Province of of Ontario. or be made thereupon. at the cost and charges of the said Lessee. 8 in the first Con- cession of the Township of Niagara in the County of Lincoln. FORM OF WILL— This the last Will and Testament of me. And will leave at least ten acres seeded down with timothy and clover seed. all the straw and dung which shall grow. and all appurtances connected therewith. And ALSO shall and will. arines. Florence Ethel Smith lot No. and Province of Ontario. in two equal annual in- stalments of two hundred and fifty dollars each without interest. arise. the . Iroin waste. as soon as conveniently may be after my decease.. And will allow any incoming tenant to plough the said land after harvest in the last year of the said term. And shall not nor will during the said term cut any standing timber upon the said lands. be the same more or less. 6 in the second Concession of Township of Stamford. subject to a legacy of five hundred dollars to be paid to my nephew. I direct all my just debts. upon the said premises. I give. devise and bequeath to my son Charles Edmund the farm known as the Walnut Grove Place. in the C». made this fourth day of April in the year of our Lord one thousand eight hundred and ninety-two. renew. County of Welland. containing by admeas- urement one hundred acres. and declare '. I give. 338. John Alexander Smith. with all my household goods of which I am possessed.his to be my last Will and Testament. upon the said premises. 4 on the east side of Simcoe street in the Town of Niagara Falls.. contain- ing by admeasurement three-quarters of an acre. Ont. which is my present residence. that is to say I give. and keep repaired. being Lot No. James Smith of the is Town Niagara Falls. well and sufl&ciently repair. I revoke all former Wills or other Testamentary Dispositions by me at any time heretofore made. funeral and testamentary expenses to be paid and satisfied by my executors hereinafter named. or for firewood upon the premises. fences and gates erected. the erections and buildings. merchant. and shall not allow any timber to be removed from otF the said premises. Cath- . devise and bequeath to my beloved wife. 18 on the east side of King street.838 LEGAL AND BUSINESS FORMS.

And the party of the first part agrees to pay the party of the sec- ond part one hundred and fifty dollars and to board and lodge the party of the second part during said period. AGREEMENT FOR HIRE OF LABOR— This agreement. as and for his Last Will and Testament. in the presence of us. W.•t^o. Chamberlain. Florence Ethel Smith. coin. \ James Smith. . both present together at the same time. Witness our hands the day and year above written. ) James Robinson. between John Smith of Grantham. and in the presence oi F. twelve shares in the capital stock of the Provincial Natural Gas Company. who Charles Summers. And I nominate and appoint my wife. John Smith and John Robinson of ) the City of St. all of the Town of Niagara Falls. hereby certify: ) 1. at his request. the testator. and the balance at the expiry of said service. yeoman. All the residue of my estate not hereinbefore disposed of I give. in the County of Welland. demise and bequeath to my nephew. have hereunto subscribed our names as witnesses. wife of James D. each other. 1892. Williams. 839—840 first payment to become due and payable one year after my deaths said legacy to be the first charge on the said property. I give. County of Lin- > County OF Lincoln. REGISTRATION OF PARTNERSHIP— PROVINCE. Witnesseth that the party of the second part agrees with the party of the first part to serve him as a farm laborer and general servant for the period of one year from this date. LEGAL AND BUSINESS FORMS. a legacy of five hundred dollars hereinbeiore provided lor. also two thousand dollars in cash. James Smith. I give. which now stands in my name on the book* of said company. and in all things to- faithfully observe and do all the reasonable wishes and commands of the party of the first part. John Alexander Smith aforesaid. ^ . made the 3rd day of April. and to cause all necessary laundry wash to be done for him.0F ONTARIO. Signed. Published and Declared by the said\ James Smith. hereby revoking all former wills by me made. devise and bequeath to my daughter Grace. Henry Simmons and Donald Henderson. • Charles Summers. of the first part. devise and bequeath unto my beloved wife. of the second part. In witness thereof I have hereunn set my hand the day and year first above written. laborer.-«). We. and James Robinson of St. Province of Ontario. to be co-executors of this my last Will and Testament. Witness .3. Catharines. That Ave have carried on and intend to carry on the trade and . in his presence. Catharines. Said money to be paid as follows: Fifty dollars in six months.

under the name and form of Smith & Robinson. 4. Catharines this the third day of Septem- ber. I hereby give you notice that I shall quit and deliver up posses- sion of the premises I now occupy as tenant. NOTICE TO TENANT. Catharines. 16 on the North side of St. Take Notice.Tune next. Cath- arines in partnership. James street. 4 James street. and to remove therefrom on the first day of . pursuant to the provisions of the statute relating to the rights and duties of landlord and tenant. James Smith. Out. \ James Robinson. County of Lincoln. Tenant. in the Village of Merritton. and unless the sai^ rent is paid I demand from you immediate possession of the said premises and I . known as house and lot No. . Tenant. 3. that I claim the sum of fifty dollars. Witness our hands at St. Dated this 25th day of April. If" To Mr Walter Winters. Dated this 25th day of April. under the name of the firm of Smith Rob-& inison. Landlord. for rent due me in respect of the premises whi<h you hold as my tenant. 341. Landlord 843. James Robinson. James Robinson. business of Carriage Building and General Blacksraithing at St. S41— 844 LEGAL AND BUSINESS FORMS. The following form will answer TROVINCE OF ONTARIO : I. 344. That we are and have been since the said day the only mem- bers of the said partnership. NOTICE TO QUIT BY TENANT. Catharines. NOTICE TO QUIT BY LANDLORD- Please take notice that you are hereby required to surrender and deliver up possession of the house and lot known as No. namely l^ot No. in the Village of Merriton. St. Walter Winters. That the said partnership has subsisted since the 15th day of December. this 2nd day of January. 1892. which you now hold of me. formerly a mem- ) CouNTY OF Lincoln. 2.Tames street in the town of Niag- ara Falls. 1892. Catharines ) James Smith. Witness my hand at St. in the County of Wellaud. 1892. 1892. ber of the firm carrying on the busi- \ n(\s8 of Carriage Building and General Blaoksmithing at St. . To Walter Winters. am ready to leave in your possession such of your goods and chattels as in that case only you are entitled to claim exemption for. To James Smith. do hereby certify that the said partnership was on the 2nd day of September dissolved. :M2. 1891. REGISTRATION OF DISSOLUTION— A notice of dissolution of a partnership is also required to be recorded in the County Registry Office.

however.D. chairs. After giving the preceding notice. or any other creditor seizes under an execution. all your goods and chattels. these exemptions only hold against two months arrears of rent. which see. 1802. and I intend to seize and sell. there are six chairs named among the exemptions hence the debtor. or such part thereof as may be necessary for the payment of the said rent and costs. may select the best in the house. the landlord may then seize and sell the last article on the place. If the landlord distrains. Dated this 4th day of April. »45. If the tenant does not wish to lose his exemptions he should take them and move out immediately. and the tenant is at liberty to take his exemptions and move out immediately. Distraining for rent breaks the lease. If the monthly tenant . and the same all through the list. the landlord cannot follow and distrain elsewhere without becoming liable for an action for trespass and illegal seizure. that if you neither pay the said rent nor give me up possession of the said premises after the service of this notice. A. and if a ten- ant moves out before it is due. A landlord cannot distrain before rent is due.^. . if the tenant still remains in possession. The bailiff or sheriff has no legal authority to interfere in this selection. For instance. EXEMPTIONS FliOM SEIZUKE— The exemptions from landlord's warrant or under any list of execution given in section 90. solong as the debtor takes only the number or quantity reserved to him by the law. James Smith. if need be. LEGAL AND BUSINESS FORMS. to recover the amount of rent due and cost. instead of taking six common . 345 Take Notice Further. the landlord can dis- train and sell to recover what is due over the two months. is On a nionthly tenancy. the tenant or debtor has the legal right to select and point out the goods and chattels as to which he claims exemptions. This notice is given luider the Act of the Legislature of Ontario respecting distress for rent or taxes. owes for a longer period than two months. I am by hiw entitled to seize and sell.

84«. 6. Saunders. 10 in Queen street. Landlord. Judgments. Landlord's preference for one year's rent. Catharines. 850. NOTICE CLAIMING DOUBLE RENT FOR HOLDING OVER— To Mr. Then after that the notice may be given for an advance in rent. Winters. TENANT AND LANDLOKD'S TAX— The tenant's exemptions cannot be seized for the landlord's taxes. J. . cannot be put out from under shelter. Such articles cannot be sold to recover the cost of repairs until the expiration of one year. EA^SING THE RENT— 1 Simply giving notice to a tenant that at such a time the rent will be increased is not sufficient. PROPERTY LEFT FOR REPAIRS. order the tenant out. 34». The nooice must be to vacate. dated the 25th day of April.— Carriage or other property left for repairs and not called for at proper time and charges settled. Witness : James Smith. I hereby give you notice that if you do not deliver up possession of the house and premises situate No. St. in the City of St. Dated the 20th day of May. and then only by public auction.'I 346—350 LEGAL AND BUSINESS FORMS. according to the statute in that case provided. 3. It must be properly cared for the same as though it were in a warehouse. 2. 347. W. that is. on the first day of June next. Mortgages. Tax is the first lien on property. PRIORITY OF CLAIMS AMONG CREDITORS— 1. Catharines. Wages for 30 days. even after notifying the owner that such steps would be taken. and thus allowed to receive injury. : 849. according to my notice to quit. ETC. I shall claim from you double the yearly value of the premises for so long as you keep possession of them after the expiration of the said notice. 1895. 4. Ont.

»«». LEGAL AND BUSINESS FORMS. An absconding debtor leaving the country may be arrested and held in custody for bail by a person having a claim against him of $100 or upwards. . 354. The wife need not sign a chattel mortgage. BUYING STOLEN PROPERTY— Stolen property being sold to innocent third parties for value does not obtain a good title as in the case of negotiable paper. One leaving the country may be stopped before judgment provided he has more goods than the exemptions. The refusal to accept payment tendered in full does not cancel the debt. MONEY WRONGFULLY RETAINED— Money iven to a merchant or other person for exchange by one who is nidebted cannot be retained and applied on account if the debtor objects. 356. 355. RELIEVING GOODS UNDER A CHATTEL MORTGAGE— holder of a chattel mortgage allows the mortgagor to If the dispose of any of the articles covered by it. »»2. He cannot relieve part without destroying his claim. REFUSING PART PAYMENT— The refusal to accept part payment on an account or note does not affect the debt. WIFE NOT LIABLE FOR FAMILY DEBTS— A and buying goods for the general wife keeping boarders family expenses does not render her separate estate liable for the debts. 351—367 851. THE WIFE'S PKOPERTY— The linsbar d cannot mortgage any goods that belong to the vrife. either by purchase with her own money or gifts from other persons. the mortgage is thereby destroyed. The owner will take it wherever found. but it stops all interest and expense there- after. ABSCONDING DEBTORS— The goods of a debtor moving out of the place but not out of the country canrot be stopped by a creditor unless under an execution. 357. The husband and the husband's property only are liable.

358—359 LEGAL ANjJ BUSINESS FORMS. »«». or in any country having a copyright treaty •with. (Copyright Branch). is liable to a penalty of $300. Any infringeinent of a copyright incurs a heavy fine and the confiscation of the works. any person living in Canada. may secure the advantages of a copyright on any book. and who inserts a notice asserting the existence of such copyright. picture. . The article must be published. Great Britain or any of her Colonies. Any person who has not lawfully acquired a copy- right. Write to Minister of Agricul- ture as follows To the Minister of Agriculture. Copyright is for twenty-eight years. COPYRIGHT— In Canada. and gold. The fees for securing the copyright are $1.ed must contain a notice of the copyright. Every article copyrighi. Dominion or bank notes for any amount. drawing. 8R8. any person of ordinary education may do all the correspondence. LEGAL TENDEK— In Canada. silver for $10. No postage is required in the correspondence. and the Bules and Regulations are so clear that no difficulty will be ex- perienced in doing the work. To secure a copyright.00.00 for certificate of registration. Great Britain. etc. produced or reproduced in Canada. map or chart. copper coins are legal for thepayment of a debt up to twenty-five cents. and 50 cents for a certified copy. which is for- warded to the author. printed. Ottawa. who copy of the Copyright Act and full informa- will forward a tion.

Jones: Jan. PART II.Simmons. W. VOim OF ACCO^"^^^^ ^^-» »j XI X- St. 345. Mr. To one set double harness. 1892. A. 4. . Jan. J. Catharines. To repairinff harness. in account with D. April 4.

The stamp always goes in the upper right haud corner. • STAMP <0^€dd4d . enough to the leftnot to crowd the margin at the right or to eramp the writing.847 LEGAL AND BUSINESS FORMS.

just behind the shoulder blade. For every 800 bushels 1 extra bushel must b' ided to be liter- ally correct.4. theresult will be the number of bushels. With the half bushel added. then multiply together the length. Example —How many bushels of barley in a bin 8 leet long. and the length of the back from the tail to the fore- part of the shoulder bladd.4 — Shorter rale Level the grain.M50. 2150. ushels must be subtracted from every hundred.7854. . multiply by 31. 6 teet wide and 3 feet deep? 8x6x3x8 = 115.76 bushels. would give about the same result as the previous longer rule. If the animal is lean deduct one-twentieth the result. — Example How many bushels of barley in a bin 8 feet long. To make it equal to the Imperial.7Ho4x2 = 157. how many bushels does it containV 10xl0x. If between 7 and 9. and point off one figure trom the right. and multiply the area of the base by one-third the height. 848—851 MISCELLANEOUS RULES. breadth and depth in inches. and divide by 2150. then ascertain the space it occupies in cubic feet. multiply the number of cubic feet by 8. and 6 feet high. If the girth is less than three feet. 6 feet wide and 3 feet deep? 96x72x86 = 1 15. MISCELLANEOUS RULES. 351. The answer will be the live weight in pounds. WEIGHT OF CATTLE BY MEASUREMENT— Measure in inches the girth around the breast.2 bushels. and divide by 144. multiply by 23. 848.08 bushels. . TO MEASURE GRAIN IN BIN— Level the grain. Multiply the girth by the Jength. To find the area of the base. If between 3 and 5 feet. :i4». — Example A conical pile of grain is iQ feet in diameter. as stated in the rule. multiply the quotient by 11. multiply the square of its diameter by the decimal . TO MEASURE CORN IN THE CRIB— Two cubic feet of corn in the ear make one bushel of shelled cor^. TO MEASURE GRAIN ON THE FLOOR— Make the pile in the shape ol" a pyramid or coue.

904 19 feet bv 19 feet 120 6 feet by 4 feet 2. 16 nails per pound. 2 penny — inch. 353 nails per pound.890 13 feet by 13 feet 257 4 fb3tby2feet 6. 5 .031 2 feet by 2 feet 10. 8 penny — 2} inches.712 17 feet bv 17 feet 150 6 feet by 2 feet 4. ROUND LOOS IlEDtCED TO BOARD MEASURE— From the logs in inc^hes subtract 4 for the slabs. 54 nails per pound.960 8 feet by 8 feet 680 8 feet by 1 feet 14. iW2. Spikes — 4 inches.360 6 feet by 6 feet 1.780 6J feet bv 6^ feet 1. Spikes — 4| inches. 12 nails per pound.840 11 feet by 11 feet 360 3J feet by 3| feet 3.630 15 feet by 15 feet 193 4 feet by 4 feet 2.356 18 feet by 18 feet 134 6 feet by 3 feet 2. of square feet that can be cut from the log. 167 nails per pound.ANEOUS lUILES. 68 nails per pound.r)60 5J feet by 5i feet 1.520 9 feet by 9 feet 537 2 feet by 2 feet 7.890 7 feet by 7 feet 881 2i feet by 2J feet 6. then multiply the remainder by half itself and the product by the length of the log in feet and divide the rasult by 8 the quotient will be the number . 7 penny — 2J inches. 20x10x28 = 700 leet.SrQ— 864 MISCELi. 24 inches in diamcte^'. 6 penny — inches.445 14 feet by 14 feet 222 4 feet by 3 feet 3.151 16 J feet by 16 J fe«t 160 6 feet by 1 feet 8.742 25 feet by 25 feet 69 354. 232 nails per pound. 34 nails per pound.555 12 feet by 12 feet 302 4 feet by 1 feet 10. 557 nails per pound. Spikes — inches. 6 penny — 2Ifinches. 1 4 penny — 1^ inches. 10 penny — 2f inches.722 16 feet by 16 feet 170 4J feet by 4J feet 2. 12 penny — 3 inches. therefore to find the approximate number of bushels of shelled corn iu a orib. width and height in feet of the corn together and divide the result by two. multiply the length. Example — How many feet of square dged boards can be cut from a log 28 feet long. 101 nails per pound.417 H feet by IJ feet 19. the corn being levelled. 20 penny — 3J inches. 10 nails per pound. NUMBER OF PLANTS FOR AN ACRE OF GROUND— 1 foot by 1 foot 43. 141 nails per pound. 8 353.260 10 feet by 10 feet 485 8 feet by 3 feet 4.210 2 feet by 1 feet 21. NUMBi'iR OF NAILS PER POUND.178 20 feet by 20 feet 108 6 feetby5feet 1.

will give the number of rods or feet according as the measurement is given in rods or feet.000 368 MEASURING LAND— To find the nuiuber of ucres. o To find the number of acres in a triangular field. $18 per ton. Multiply the tioo shorter sides together and take one-half the result.. Multiply the length by the width. will give the number of acres. lu a rectangu- lar lot. — Example How mai y square rods in a triangular lot having one rectangular corner. 356.. multiply the number of pounds by the price per ton and divide by 2.700x9 = .560. if given in feet.700 pounds @. 160 To find the contents of a triangular piece of laud having one rec- tangular corner. thousand and divide by 1. 367. multiply the number of pounds by half the price per ton and point oif three figures from the right. or simply point off three figures from the right.00. 360. = 80 rods or ^ acre. or shorter. TO MEASURE HAY IN MOW— Multiply the length.$24. or fraction of au acre. and divide the product by 160. 855-868 From the above table au estimate of quantity of any job of work can be made. if the hay is well paeked. 80 rods long and 80 rods wide? 80x30 = 15 acres. First Rule. 2. $25 per thousand feet: l. divide by eighteen. the second 20 rods and the third 25 rods ? 8x20 . FINDING THE VALUE OF HAY— To find the value of hay. 2. . Example: 1.720 feet of lumber @.700x18 = $24.300.720x25=ii^43.30 2. and divide the product by 160. one siue being 8 rods. if the measurement is in rods.000. if the mow is shallow and tne hay not well settled. Example: 2. Multiply the base {which may be either side) by one half the number ofrodsjrom that side to the opposite angle.000. Second Rule. — Example What is the number of acres. MISCELLANEOUS RULES. width and height in yards and divide by fifteen. FINDING VALUE OF LUMBER— To lumber Avhen the price is given find the value of a quantity of per thousand Multiply the number of feet by the price per feet. or by 43.

San Francisco is 45^ degrees west of Washington. the difierence of time mu&c be added for places east and subtracted for places west. Catharines. Multiply the lengthy width <ind height together. MEASUEEMENT OF WOOD— To find the number of cords in a pile. and divide by 12. 4 feet wide and t leet high. 12 3«l. hence 44x4=156 minutes difference in time. Example —A plank 18 feet long. 160 359. when it is 12 o'clock at Washington it will be 24 minutes past 12 at Boston. how many acres? 100x40 = 25 acres. To find the time at each place. Example —A triangular field 100 rods on one side and 80 rods from that side to the opposite angle. Tience. and divide by 12. is about 44 degrees west of St. hence 6x4 = 24 minutes difference in time. Multiply the length.859—361 MISCELLANEOUS RULES. 12 To find the number of feet in a plank or scantling. 12 noon at Wash- ington would only be 8. . therefore. 16x10 =20 feet. or the eastern shore of Vancouver. there is a diflference of four minutes in time. Multiply the length in feet by the width in inches. hence 45^x4=182 minutes difference in time. width and thickness together. Victoria. C. Example —A pile of cord wood 60 feet long. and divide by 128. 60x4xY =:j 13^ cords. and 10 inches wide 18x2x10 = 30 feet. therefore. 16 feet long and 15 inches ^vide.58 at San Francisco. 128 mo MEASUREMENT OF LUMBER— To find the number of feet in a board.?4 at Victoria. to ascertain the difierence in time between cities or countries. refer to your map and notice the differ- ence in degrees of longitude between the two places and multiply this difference in degrees by four. DIFFERENCE OF TIME BETWEEN CITIES— For a difference of one degree in Longitude. 12 o'clock here would be only 9. 2 inches thick. Examples: Boston is six degrees east of Washington. the product will be the difference in time. therefore. B. — Example A board of inch lumber.

The radius of a circle multiplied by 6.274 cubic inches. One-fifth more siding and flooring is needed than the number of square feet to be covered. One gallon of water is equal to 277.1416 equals the dia- meter. of shingle nails will fasten them on.000 ounces.159155 equals the radius. laid 4 inches to the weather. One cord of broken stone builds 100 cubic feet of wall 12 inches thick. 1. — Three bunches of shingles cover one square 100 feet. closely stacked. and 231 the old Wine measure. within a small fraction.07958 equals the area. The square of the radius of a circle multiplied by 3. The circumference of a circular divided by 6*^88185 equals the radius The cir-'-umference of a circle multiplied by . will cover 100 square feet of surface. One ton of soft coal measures 42 cubic feet.1416 equals the area. One thousand old bricks.12838 equals the diameter. One hundred and twenty -eight cubic feet make a cord. . MISCELLANEOUS ITEMS— One cubic foot of water weighs 1.283185 equals the circum- ference. One cubic yard of sand is estimated one load. The square of the circumference of a circle multiplied by . because of the laj) in the siding and matching. The circumference of a circle divided by 3. and 5 lbs. Stock bricks commonly measure 8f inches by 4^ inches by 2i inches. PRACTICAL RULES— The diameter of a circle multiplied by 3. and will fill thirty hods. The square root of the area of a circle multiplied by 1. One cubic foot of water equals 25 quarts.1416 equals the circum- ference.000 shingles. The square of the diameter of a circle multiplied by . A cubic yard of mortar requires one cubic yard of sand and nine bushels of lime. cleaned and loosely stacked. each. occupy about 56 cubic feet. 862—363 362. One thousand bricks. MISCELLANEOUS RULES. The circumfere^ice of a circle multiplied by one-fourth the dia- meter gives the area 3«3. occupy about 72 cubic feet. also the United States measure. One ton of hard coal measures 33 cubic feet.7854 equals the area. Imperial measure. and weigh from 5 to 6 lbs.

'sm. Cement.2 inches in a hall bushel. A box 10 inches square and lOf inches deep will hold a half bushel.274 inches. 4J square yards J inch thick. 7 inches long and 4. A box 4 inches deep.SIZES AND CAPACITIES OF BOXES— There are 2150. and 11 pounds of lath nails will rail them on. 1075.4 inches long. 1. 12 inches long and llj wide will hold a half bushel.364 MISCELLANEOUS RULES. A box 6^ inches square and Of inches deep will hold a half peck. and 4^ square yards ^ inch thii^k. Eight bushels of good lime.191 inches. will cover 3J square yards one inch thick. and the quotient will be the length of the box inside. Abox 8 inches deep. To ascertain the size of box to make in order to hold a peck. Abox 23 inches by 15 inches and 24 inches deep will contain a barrel ol 3 heaped bushels. The Imperial gallon contains 1^77. sixteen bushels of sand.8 in a gallon. For a larger number of bushels simply re- duce them to in«"hes and proceed as already mentioned. and sand. and 8 bricks in a course will make a Hue 8 inches wide and 10 inches long. 637. two bushels. and one bushel of hair. The Imperial quart contains 69. 6J square yards J inch thick. one bushel. A cord of stone. A box 8 inches square and 8. take the desired width and depth.4 inches deep will hold a peck. three bushels of lime. — Example How long should a box be made so as to hold one bushel if width is 12 inches and depth 8 inches ? 2150.8 inches wide will hold a gallon. multiply them together and divide this product into the number of inches in a peck half bushel or bushel as the case may be.6 in a peck and 268. half bushel or bushel.000 laths will cover 70 yards of surface. One bushel cement and one of sand Avill cover 2J square yards one inch thick. three square yards | inch thick. 12x8= 96 A box 22 inches by 13 inches and 24 inches deep will contain a barrel of 2J heaped bushels. .318 inches. A box 22 inches long by 12J inches wide and 8 inches deep holds a bushel. Five courses of brick will lay 1 foot in height on a chimney. (These are not the Im- perial measures.4 cubic inches in a bushel.4 = 22. will make enough good mortar to plaster 100 square yards.) The Imperial bushel contaii il8. and a cubic yard of sand will lay 100 cubic feet of wall. 16 bricks in a course will make a Hue 4 inches wide and 12 inches long.

11 feet in diameter. 135 barrels. 15 feet in diameter. A box 2 ee long. 5 feet deep holds 1439.40 gallons. 241 barrels. 11 feet in diameter. 8 in. 6 feet deep holds 2755. 5 feet deep holds 2935. 7 feet deep holds 9253. 2 feet in diamc*^er. 9 feet in diameter. 12 feet in diameter. 6J feet in diameter. 10 inches deep holds 122. 87 barrels. 8 feet deep holds 6768. 188 barrels.00 gallons. wide. 5 feet deep holds 734. 251 barrels. A box 2 feet long. 20 inchesdeep holds 39 gallons.40 gallons.28 gallons. 10 feet in diameter. 15 feet in diameter. 7 feet deep holds 5922. 5 feet deep holds 2379. 377 barrels. 365—366 A box 4 inrhes square and 4^ inches deep will hold a quart. 5 feet in diameter.16 gallons. 20 feet in diameter. and 1 ft. 335 barrels.08 gallons. 9 feet in diameter.20 gallons. . 9 feet deep holds 7614. 93 barrels. CAPACITIES OF CISTERNS— 2 feet in diameter.00 gallons.10 gallons. 7 feet deep holds 4976. 12 feet in diameter. 5 feet in diameter.23 gallons. 4 feet in diameter.32 gallons. 71 barrels. 209 barrels. 5 feet deep holds 1879. 12 feet in diameter.97 gallons.50 gallons. wide and 2 ft. 15 feet in diameter. 5 feet deep holds 4230.66 gallons. 5 feet deep holds 1057. 12 feet in diameter. MISCELLANEOUS RULES.08 square and 3| inches deep will hold a pint. 6 feet deep holds 7931.80 gallons. 5 feet in diameter. 4 in. 112 barrels.0 feet deep holds 23500.00 gallons. 20 inches deep holds 156. 12 feet in diameter. deep will hold a barrel. In the above table only even barrels have been counted.24 gallons. 8 feet deep holds 10575. 1 ft. 8 feet in diameter.52 gallons.80 gallons. 6 feet deep holds 4265.00 gallons. 3 feet in diameter.urn.36 gallons. 10 feet in diameter. 15 feet in diameter. 112 barrels. 4 feet in diameter. 5 feet deep holds 6609.06 gallons. 75 barrels. 5 feet deep holds 1241. 6 feet in diameter. 180 barrels. 58 barrels. 2 in. 6 feet deep holds 2255. 3tt5. 11 feet in diameter. 33 barrels. 293 barrels. 20 inches deep holds 244. 158 barrels. 9 feet deep holds 11897 28 gallons. 7 feet deep holds 4109. and 31| gallons to the barrel being reckoned.28 gallons. the fractions being omitted. CONTENTS OF VESSELS— To find the solid contents of a cylindrical vessel : Multiply the area of the bottom by the height of the vessel. 134 barrels.28 gallons. 8 feet deep holds 4596. 3 feet in diameter. '. 6 feet deep holds 3522. 10 feet in diameter. 39 barrels. deep will hold a half barrel.36 gallons.44 gallons.40 gallons.60 gallons. 130 barrels. 214 barrels. 10inches deep holds 19. 2 in. 8 feet in diameter. 1 ft. 8 feet deep holds 5687. 6 feet deep holds 5076. 22 barrels. j.12 gallons.00 gallons. 10 inches deep holds 44. 45 barrels. 15 feet in diameter. 145 barrels. 161 barrels. A box 3 inc '. 10 inches deep holds *78. 20 inches deep holds 88. 746 barrels.14 gallons.33 gallons.5 gallons. 10 feet in diameter. 5 feet deep holds 3554. 7 feet in diameter. 11 feet in diameter.

The mean diameter is found by adding the two ends together and dividing by 2.76 To find the cubical contents of a vessel with rectangular base and vertical sides: Multiply the length and breadth of the bottom by the height of the vessel. how many cubic inches does it contain V 20x20x. SQUARE timber- To find the cubic contents of square timber Multiply the area of : one end in inches by the length of the log in feet and divide the pro- duct by 144. a fathom 6 feet. 160 square rods make 1 acre. 100 links make 1 chain. 8 one-third deduction.7854. 144 am SURVEYOR'S MEASURE— 7. . make 1 chain. and 30 feet long ? 2 4 inches mean diameter. hence 16x16x30 63J feet. OTHER MEASURES— A hand is 4 inches. 4 rods.7854x36 = 11309. Example — How many cubic feet are contained in a tank 6 feet long.367—370 MISCELLANEOUS RULES. and 22 inches at the smaller end. 370. 120 feet one cable in length. 640 acres makes 1 square mile. 20x20x36 = 100 feet 144 368. 80 chains make 1 mile. 1 6 remainder. multiply the square of the diameter by the deci- mal . 4 feet wide and 3 feet deep ? 6x4x3 = 72 feet. 25 links make 1 rod. ROUND timber- To find the cubical contents in square timber of a stick of rouud timber: Deduct one-third from the mean diameter in inches and mul- tiply the square of the remainder by the length of the log in feet and divide the product by 144.92 inches make one link. 367. — Example The inside of a cylindrical vessel is 20 inches in diam- eter and the height 8 feet. 66 feet. To find the area. — Example Find the cubical contents of a stick of square timber 86 feet long and 20 inches square. — Example Find the cubical contents in square timber of a stick of round timber 26 inches at the larger end.

00 10 cents Over $20. dry weighs 2368 49 1 cord of pitch pine. 1 cord of hickory. Post Office Money Orders —Payable in the Dominion of Canada. WEIGHTS PER BUSHEL— "Wheat 60 lbs. beans 40.'> cents. addressed to persons in Canada.00 10 cents Over $10.00 50 cents Payable in the United Kingdom.00 and up to $40. turnips.00 is 2. dry weighs 2920 61 1 cord of white oak. peaches 33. 40 gallons 1 tiercot 68 gallons 1 hogshead. $100. 31^ gallons make 1 barrel. United States and all foreign countries and British possessions On order up to$10.00 an up to $100.00: On orders up to $4. onions. dry weighs 2864 58 1 cord of beech.280 feet in En- glish or American mile. salt 56. METHODS AND RATES FOR SENDING MONEY— Registered Letters —The rates for registered letters. oats 34.00 and up to $20.00 and up to $60. Bank Drafts —The usual rate for all amounts up to $100. are five cents.00 20 cents Over $20. 871-^373 a cubit 1^ feet. fairly dry weighs 4468 100 1 cord of hard maple.00 and up to $50. limit.00 and up to $80. flax 50. over that amount one-fourth of one per cent. hemp 44. 69| statute or 60 sea miles 1 degree.. WEIGHTS AND HEATING QUALITY OF WOOD— Pounds. malt 36. corn 56. dry weighs 3255 70 373.00 5 cents Over $10. dry weighs 1870 81 1 cord of Lombardy popular. MISCELLANEOUS RULES.00 and up to $30. Carbon. blue grass 14.00 30 cents Over $80. timothy seed 48. 371.00 and lip to $40. pota- toes. dry weighs 1775 41 1 cord of red oak. dry weighs 3449 79 1 cord of birch. barley 48. rye 56.00 and up to $10. dry weighs 1903 43 1 cord of yellow oak.00 20 cents Over $40. 5.00 30 cents Over $60. United States and Great Britain. carrots and parsnips 60.00 and up to $20. dried apples 22.00 40 cents Over $80.00 40 cents Over $40. dry weighs 3234 64 1 cord of ash. 372. peas 60.00 50 cents . buck- wheat 48. clover seed 60.00 2 cents Over $4.

For rat(»s for larger sums it is necessary to apply to agents. Express Money Orders — Payable in United States or Canada. $1. over $400 to $500.50.45 125 25 to . For not over 20 10 cents. For not over 10 8 cents.90 250 35 to 1. For not over 50 45 cents.30 80 25 to . For not over $ 5 5 cents. over |100 to $200.25 •70 25 to . $1. For not over 40 35 cents. over $200 to $300. By Express Parcel — Lowest and highest ohari^es aocordiu"' to distance carried for remittances in currency or gold. For amounts exceeding |50 at same rates. as addressed. For not over 30 12 cents.15 40 or less .40 100 25 to . For not ov-er 50 20 cents. For not over $10 10 cents. .85 225 35 to .25. within the company's delivery limits of every city and village agency.75. For not over 20 18 cents.20 50 .60 175 25 to . Payable in Europe.75 200 30 to . $2. $ 20 or less $ $ . one per cent. For not over 40 15 cents. For not over 30 25 cents. {no charge less than fifty cents).373 MISCELLANEOUS RULES. in addition to cost of telegraphic service: $100 or less.50 150 25 to . Telegraphic tranfer of money can be made between all com- panies' agencies with great promptness at the following usual rates.25 Larger sums in much smaller proportions. over $300 to $400.00 300 35 to 1. free of charge. $1. ]\roney packages are delivered.

The cash. shows at any day in tiie year just what each crop or kind of stock has cost and produced up to tliat day. farm expense. The difference will be the net capital at conmienccinent. the work can be wondiM-fully simplified and shortened by the Personal Ledger.. . charging it for what it cost to put it occurred. Farm Accounts. also the working tt'iim and household effects. horses. and enter on the left hand side the value of the fotlder and grain on hand. Thus every item recorded will be undtM. the left hand for the debtor and the right liand for the credit. etc. and enter on the debtor side of the various accounts their present values. as shown in the model. cattle. as any farmer could tell Saturday night all that had been done during the week. Every farmer should know at the end of each year whether he has made money or lost. house expense. and no hunting through a Day Book to make out an account. and enter on the debtor or left hand side the total value of (the farm. and all other farm implements and machinery. that is. The following method of Farm Accounts is easily understood. For everything except cash transactions. Only two books are used— a Pei"sonal Ledger and a Cash J'ook. as is usually done. should be entered at once. etc. The tlrst thing to be done is to take stuck. and on the left hand side the total lial)ilities. garden and oi-chard. about H by ll* Indies. and making entries successively page after page. open the Personal Ledger to tlie proper account. •* The object of Bookkeopinji. plows. and where the gain or lo. If there is winter wheat in the ground. Then open PLANT ACCOUNT. plant. Take a Journal. and at the enil of the year presents a detailed and accuiate account of the entire. as the numerous small expenditures are hard to recall. each kind of grain. poultry.) the carriages. and place on the right hand side the total assets. open an account for wh. horses. the hay. an inventory of all the assets nnd liabilities. sheep. Instead of using the ordinary Day harrows. once a week would answer for making the entries. requires but little time to keoji.\CC0UNT. when- ever an entry is to be made. Open a separate account for capital. then use two pages for each account. Next open FAHM PRODUCE . pigs.its own proju-r heading. and no other posting is needed. business. sheep. and particularly where anything is paid or received on account it should be entered immediately. farm pi-oduce. with double money columns. costing nbout 40 or 50 cents. Open accounts also for the cattle. |X)ultry. Then. Tlien open CAPITAL ACCOUNT. how much. is to reveal the financial condition of the business. This iswliat every cautious business man wants to know. however.

r Fai-ni rioilueo Account used to siiiijilify the work. shovels. as hay or oats. and it would scarcely pay to follow the process any further.and all cash paid out entered on the right hand side.sold. at the same prices labor and board run at in ytair community.. and all cash taken sliould be entered on left hand. A CASH nOOK should be kept. by doing this. Poultry should be credited for all the eggs brought into the house. purchased during the year sliould be charged against Plant Account. etc. repairs. instead of the Cash Book. is Credit Family Expense Account for the female help and the board of the men. or debtor side. . But if nails. corn and potatoes. etc. If farmei"s knew how much theylose every year by running on credit with their blacksmith and storekeeper. When the milk is not sold. the proper account. and Family Account debited for the part that is not . agricultural papers and fairs. and Family Account debited for the same. taken for family use. The Pass Book should also show the payment. The form of Cash Book shown here is very easily kept. Then oiedit luirni Produce for all that is sold during the year. or of that fed to the calves and pig. Of course. nails. giving the merchant's or blacksmith's name.XPKNSE Account sliould he caicfully kept. they would pay spot ca. are purchased with butter and eggs. and state whether it was in full of account. is At tlie time of thresh- ing. Do tjie same witli the hay as it is cut. as it is simply an exchange of connnodities. In this way it is but little trouble to handle these numerous items as they will be entered in total.2 FARM ACCOUNTS. and charge Family Expense for everything that goes in the house. would con- tain the entiy. even if they had to Ijorrow the money.s. and ch^hit Farm PnxUice for the totaJ. if the farmer is not the owner of the property. These Pass Books should be preserved as well as receipts. Then when the bill is paid make an entry in the Cash Book.. and the pigs and calves are not charged for their full cost. Where cash is not paid then a Pass Book should be kept with each. then " Plant. and rent. eicdit each crop for tlie present vuluo of the grain tlireshcd and for the straw. lakes. If the payment is made in produce. keep of working teams. In that case it would not be ne ^essary to take any account of the milk used in the family. also with the roots. cows do not get their full credit." or Farm Expense Account should be charged and Family Account credited.This account should be charged for the taxe<3 labor. FAKM K. the butter shoukl be weighed at each churning. but forks. and never fail to have it alwayo go to the shop or store to receive every purchase or item of repair. When butter and eggs thus treated are exchanged for groceries or dry goods for the use of the family. Where milk is sold. or fed to the stock. and Family Account charged. it would not be necessary to make any entry. and "cows" credited for the amount. but the one balances the other. FAMILY EXPENSE Account the hardest of all to manage.s. unless the "jntin is boIU immediately.. etc. rake. for fann u j. or only a part payment. THE BLACKSMITH AND GROCER. glass. cows should be credited for all the milk obtained.

and marketing. the sanu^ as in the other case. T'\ory croj) sliould l»o chai^^ed with tho value of tho labor at tliat season of the year tha^ is bestowed upon it in iJi-epariiig the fjround. Then open a Loss and Gain Account and enter in it all the accounts that have been closed Loss and Gain. threshing.shows a gain. (see nK)del) All the accounts similarly are placed on the opposite side to that of the red ink. wheat in ground. All the Pei-sonal Accounts. and Horses debited. ou the credit side. To Balance. under the ruling. should be chai-ged in the Farm Expense Account. cost of seed. After all the accounts have been closed. . and in carrying thai amount into Loss and Gain it goes on the opposite. Bank Ac- counts. the two sides. if one is employed by the year. used the first column on the debtor side for tho labor. The difference between the two sides of your Cash Book will show the amouiit of money you have ou hand. Do the same thing with the Personal Accounts. the date of closing and the amount of the difference. in red ink. INVENTORY. and Farm Produce credited for their keeping. the credit side is th(^ larger. then close Loss and Gain itself into Capital Account. their labor should be charged aganist tlu^ I'ospectivi* crops. at closing. and his own labor ought to be worth as much as that of a hired man. Take Wheat Account. The difference l)etween the two sides being carried over into Capital.their labor. In closing the Accounts leave Capital until last. liai rows. but " h(irses " are credited for the same. should bo classed along with "plant. Then Capital Account is closed by writing on the debtor side. For their keeping. (see model). 3 FAUM r-ABOU. or credit side. Bills Receivable and Bills Payable would be closed Balance. CLOSING THE LEDfiER. THE WOIiKINO TEAM. it will be known how nuioh of the labor f)f the men has been charged against the various crops. At the end of the year an inventory must be taken of all the property.-s are closed. It is not dillicult to lind tlie value of the labor. The credit side will contain all the gains. Bank. Avriting the name of the account. l>ut when they are classed as " horses. Farm Produce will be credited.'' instead of " jilant. This diil'erence will now be your net worth. for the value of the seed and nioney paiil out. Bills Receivable. Be sure to make the entry on tho proper side of Loss and Gain. or capital. farm implements. for all the crops. for instance. writing Loss and Gain for the amount. JUS every fanner knows what ho would have to pay if lie weie hiring a laborer. if any exist. and tho second. using red ink. stock. in black ink. Loss and Gain. and the amount of the difference between it. Commence at the one next to writing in the date." the crops are charged fo!. FAH. by adfling up that first column. When this is done. over on the credit side.M ACCOUNTS. as shown in the model. etc. This is done so that at the end of the year. etc. ready for next j'oar's entries. then the remainder of tho year's wages for yourself and man. liy Inventory. but if a loss it will be ou the debtor side. If it is a gain it will be on the credit side. Then this Balance is written. Each of those and accounts in your personal ledger will be credited for the amount by wi-iting. instead of Loss and Gain. Then the account. hence . in black ink. harvest- ing. and Bills Payable. household furniture. in black ink. and the debit the expenses and losses. and also the debts. proi)erly. except Loss and Gain and Capital. It will be notieed in the model sot wo have. Make a list of the pi'esent value of the farm." the f^^ame as the waggons. The red ink is on the debit side. in red ink. for the difference between the two sides.

$. and value of the farm implements. $8. eggs brought in the house. $75 1 double sleigh.'i54. Now open "Capital" account. house furnishings. costing for labor and seed.$14. .3. such things as forks. as may be thought best. sheep. Then open real estate. and marketing of each of the crops. }Ie will also charge the farm the same juice tor his own laboi'. . $15. horses.$200 two y«)ung horses and road team. or other gootls for family use. and credit Cattle for all the but- ter made. $140. nails. threshing. 1 seed drill. 4 cows and young cattle.$140 . Mrs. $125.VCnONS.. as to furnish a . Sniitl. and the cash in the cash book. 25 head of sheep. $10.'}54.'s book. Aprl."I0 sundry small implements. then " Family Kxjiense " account will be credited for the amount. . cattle. placing the amount in the . 1893. $. 1 horse rake.fl. Next open "Plant" account. 1 democrat wagg(m. sample entry as a guidfl TRAXS. April 2nd. . corn.HO per week. at $12 j>cr month. ^••f Stamkoud. The butter aiul eggs that may b<^ exchanged for groceries. $30. Sold1 cow for cash $ 40 00 " 9. but will not be entered in the "Family Exi)ense " account. $40. on the debtor side.. wheat. . wheat. at .'}0. 'J'hese two items will be charged against Family Expense account every jnonth. Now enter amounts in their respective accounts. except the roots. . Your books are now open leady for the year's business. and *• Plant. $25 2 nets dou ble harness. Material for Model Set.$150 cash in the Cash liook. and enter the proper amounts on debtor side of each (see modcrl).$150. Farm implements. @ 90 cents 7 20 . consisting of 100 10 acres sown with winter acres.s. A few transactions in connection with the putting in. in whicii siie will credit " Poultry for ail tlu. farm pi-oduce on hand. Total resources amounting to $8. 4.$1. $20. will be enteied in Mrs. Henry ('in])loy('(l us faiin lahoi'or by the year. $G00 woi-king team. . : . and working team. His wife has a young woman hired for housework. farm produce. . Enter the . including. etc.second money column. Siio will also ehai'ge h'amily JOxjiense tin' same for her own labor. If.$G0 cash on hand." or Farm Expense debited for ilie same. .")U 1 buggy.Tuivoo Smitli (•oniinoncocl this diiy to kfop accounts with the business of ln« furiii.$15 . hai-vesting. 1 iron harrow. . INVKNTOUY. household furnishings. and potatoes will Ix* given also a few transactiovis in connection with the live stock. and place the total on the credit side. $215. valued at $(5.' board and laun(hy. $40 1 cutter. M.. . Smith will keep a Fannly lv\pens(> book."520. Farm. 8 bushels wheat for Hour. . 1 culti\ator. . and place on the debtor side. or at the end of the year. $t0 1 lumber waggon.000 . 2 plows. . and poultiy. . however. were purchased by the butt<'r and eggs. consisting of :--l self-binder. ExchanweU ttt mill. j)ay<d»U! half-yearly. lakes. . He lifis J.


S20. $200. fowls 21 00 Jan. Cost of fodder for wiiiterin-.ST)00 " 5. $~)\0. Farm exjjenso must be debted for thcso amounts. ii'id shtH'p. . 25. Farm produce on hand.. M. as it is a liability. "). Sf) centt per IiumIic! . .'s. !(i«y Oct. then take the difference be- tween the two sides and ))ut it on the smaller side in red ink.000. Heniy balance of waijes 72 00 ^Irs." in red ink. Sold for cash 100 hiisliols wheat (<?. Thirteen liead of cattle. for wear. .' 2 cattle 20 00 30. IJoufrlit. After crediting the accounts for the inventories.f . sheep.'s.'li 35 00 " n. Carry all those differences into the Loss and Gain account.s. horses. Loss and Gain for all except Bills Payable which closes To Balance. Paid casli for county anfl cliui-ch paptMs ."00 •' 19. liyhb slci. buttei-. and then close Loss and Gain into Capital.. IG. $2. 83(i0. !!?15() also. Poultry.nnd cluir^iR horses $1'). 22. 30 Cattle. and Mrs. Family Expense account must be credited for the labor of hived girJ. vahicd at !?257 50. and 300 dozen e<fj. The difference now between the two sides of Loss and Gain will be your uct gain for the year which in this set is !$979. for note at 3 months.^25. Smith for year.s 20 00 Dp«. '.KDfiKn. iNvi. 12. Hold for cash 250 buslicis barley 17") 00 JNIar. Forty liead of sheep. Other horses. Smith and the hired man that has not been ciiarged against the various crops.. CLOSINff THE I. . "H^^OH 50. Took stock from pasture. SOO 00 April 2. for the proper amounts.'es of Mr. do ccsh for housuliold <'xitL'ii. for the Itoard of the man.NTonv. Farm expenses nuist aiso be debtiid for wa. Tial)()r for niiirkctiiig wheat 4 00 " 5. Ucccived cash for wniterini. 5 tons hay <>0 00 " MO."|00. . 5ir200. Paid cash for afjricultiira! ])aper 2 00 " 5."). ii^GO . Now credit each of the aljove accounts " By Inventory. House furnishin. i)lace at !i?233. 40 povdtry. i^lSU. cattlf.*80 . Value of manure. de- ducting 10 per cent. Puiil cash for taxcH 25 00 " 29. amouniing to §105. Paid J.Ho. $120. .6 MATERIAL I'UR MODEL SET. Farni valued at i?r). valued at . 10. Sold for cash. Working teajn. 20. Smith's expense-book shows lloOlbs.$350. 8ol(l for cash 4 duz. Farm impU-ments (estimated as at the beginniiiff). Oct.

and hired 2'). LEDGER AND JOURNAL.o 00 DO 00 72 00 ). PERSONAL sliecp.m 00 10 00 1\ 00 ^r) 00 55 00 4 00 2 00 :5 00 7") 00 liO 00 l. or the ce be- in for •ly all II into ! your . and 1.

@ 88 240 00 ' i! . April . 40 ! 9 .Vu"'. 9 iWheat crop.o6o\ 00 • Dr. PERSONAL LEDGER AND JOURNAL. REAL April I 2 iiOO iici-es of farm aiul orcharil m.s0 bushels. 2 To loss and rain HI 30 1856 20 Dr. 30 tons. GO cents .! 180 j 00 9 " straw 4 50 9 Oats crop. 250 busliols. 2 To Ijiilauc Dr. g 28 cents 78 .fiio oa July 8 I Hay crop. FARM I A pril Fodder and grain on hand ' $ . 300 bushels.Oats straw 8 ' 00 744 90 *Apl. 2. (a. Dr. HORSES. (« 90 cents '^ 225 00 ! 9 " straw 9 00 9 inarlcy crop. CAPITAL *Apl.

ACCOUNT. 1892. PERSONAL LEDGER AND JOURNAL. 1893. April 2 By yundrios 1893. April 2 Hy Balance — net capital oo 00 00 . April 2 " Loss and Cain. Cr.

Dr. .

20 Sold for cash 20 lambs (« $2 40 00 . 2 By Inventory I 3G0 I 00 I GS7 I .". Jun? 5 jSoId for cash 175 lbs wool j @ 40c'. 2 |By loss 481 00 and gain . $ 70 00 Sept. By Inventory 200 00 310 00 •To be wr tten In reii ink. 24 20 . Cr. of butter for year @ 25c 287 j 50 *Apl.0 I i I ( I i SG87 • . 31 iLabor of female. 30 150 1 lbs. Cr. ^jgg i ^^ $ jj " " |Board of the men \\ 305 | OO "*Apl.")0 SHEEP. Cr. Apl. EXPENSE. PERSONAL LEDGER AxVD JOURNAL. April 4 Sold cow for cash 1 i g 40 00 1893. $310 I 00 .^505 ! 20 CATTLE. I \[ Mar. Mar.


30 300 doz.' POULTRY. PERSONAL LEDGER AND JOURNAL. chickens . Au'. AU£ 9 . 9 250 bushels valued @ 90 cents " Value of straw OATS. Doo. $ 24 ] SI)3.280 bushels valued @ 28 cents " i «« Value of straw ACCOUNT. 22 |Sold 4 doz. 2 Tiy Inventory WHEAT. Cr.x. . eggs for year *Ai)l.

I 9 Piiid ' foi. pi:rs()Nal LEDui-ni and journal. barley. Dr. I Auff. . tliroshing 9 Labor I'ur tlneshin<' A pi. April 16 -G days preparing ground — 2 teams i} 30 00 " IG 20 bushels seed ' @ 80 eta July I 24 2 days for 2 teams and men harvesting. 2 To loss and gain Dr.



All!'. ^.'JOO btisliols valued CO cts
C"? $180 00
Value of straw
4 50
184 50

84 60


Apl. 2 By loss uud gaiu
$196 05

§196 I

Sept. 5 Sold foi- cash 18 bushels apples (« 50 cts. . .

28 " 30 baskets peaches @ $1.50

Oct. 7 " 50 ban-els apples @ $1.20. .

12 200 bushels apples put in cellar

' To lie wriiten in red Ink.


July 1 5 4 days for 2 teams and men $ 20 ! 00 $

5 Paid cash for help

""Apl. ' 2 To loss and gain


July I
7 j
Sold for cash 2 loads e

6 '
Value of balance of crop, 30 tons CASH April 2 May Juii« Aug.t. . PERSONAL LEDOER AND JOURNAL. Dec. .J.v. Dr. i( ]\l.

BOOK. May 18 30 J into 00 I . . . PERSONAL LEPCSER AND JOURNAL. Johnson for hhicksniitliing . Atu'il 25 Paid for hoots for self 25 " " groceri«>s i 30 *' Jolm Williiiins for foncing . I 30 •' J. . Or.