Part 25

Bankrupt, voluntary and involuntary defined, 31; filing of petition of voluntary, 33; withdrawal of petition, 33; what must accompany petition, 33; filing of petition against, 33, 34; must file schedule of property, 34; first meeting of creditors, 34; subsequent meetings, 34; represented by trustee, 34, 36, 37; proving and allowing claims against, 35, 36; insurance policy of, 37; discharge of, 38; punishment of, 38

Bankruptcy, 31; Federal Act 1898, 31, 37, 38; courts of, 31; voluntary and involuntary, 31; acts of, defined, 32, 33; procedure in, 33-38

Beneficial associations. See _Associations, Beneficial_

Benefit, conference of a, 218

Bid, authority of auctioneer to accept, 18

Bill and note broker, 45

Bill of exchange, definition, 196; assignment of drawee's funds, 196; similarity of, and endorsed note, 196

Bill of Lading, 48, 243

Bill of sale, form for, 281

Boarding house, liability of keeper of, 149

Bonds, government, equity does not require delivery of actual bonds purchased, 120

Bottomry loan, 239

Broker, 45; has no property in goods to be sold, 45; must sell in principal's name, 45; commission, 45, 47; acts as agent, 45; kinds of, 45, 46, 47. See _Agency_

Brokerage, 45

Building, form for agreement for, 278. See _Real Estate_, _Land_

Burglary, excused by drunkenness, 117

Buy and sell, regulations concerning capacity to, 228

By-laws, neglect of, in holding meeting, 81

Capital, 74, 78, 94

Carrier, 48; kinds, 48; authority of private, 48; required to use great care, 48; may modify common law by contract, 48; can limit liability, 48, 49; must carry all responsible passengers, 49; regulations for carrying freight, 49; have lien to hold freight, 50; statutes regarding loss of life, 50; liability for injuries, 50, 51; sleeping car company not common, 51; liability for loss of baggage, 51; distinction between general and local express companies, 51, 52; United States common, for mails, 52. See _Mails_

Carrier common, duty to an intoxicated person, 118

Cattle, trespassing, liability of owner of, 257

Car, liability of principal for acts of conductor of, 11

Certificate of stock, form for, 301

Charities. See _Associations, Beneficial_

Charters, of national banks, 73; perpetual, 73

Chattel mortgage with power of sale form for, 288. See _Mortgage, Chattel_

Chauffeur, physical fitness of, 25; employer's liability for, 25; minor as, 57; license, 57; liability of employer for pay of, 57; employer's liability for injury to, 57; injured, when speeding, 57, 58; liable for injury to employer, 58; authority of, to make repairs in garage, 134. See _Automobile_; _Garage_

Check, 58; signing of, 58; bank not legally bound to pay, to holder, 58; payment of, when funds insufficient, 58, 59; banks responsible for payment of, 59; two rules relating to payment of, 60; forged, 60; holder of, should deposit immediately, 60, 61; drawer may stop payment of, 61; certified, 61; when given in payment, 212

Child, adopted, 5; rights of natural and adopted parents, 5; rights of inheritance, 5

Children, must be supported by parent, 197; who have property, 197; protection of, by parent, 197; of workmen, and Compensation Acts, 273; form for agreement for adoption of, 312. See _Adopted Child_, _Husband and Wife_

Church, form for subscription to build a, 299

Citizen, 62; definition of, 62; duty of, 62; double allegiance of, 62; state protects ordinary rights of, 62; protection of, defined by constitution and Federal law, 62; corporation may be included in term, 62; who is, of United States, 62; alien woman as, 62; American woman loses rights by foreign marriage, 62; alien may be naturalized, 62, 63

Coin, legal limit of, in payment, 211

Cold storage, 29

Compensation Acts, Workmen's, 266; basis for computation of compensation under, 274

Complaint, action of, 166

Contract, 64; kinds of, 64; parties to, 65, 66; consideration of, 66, 67, 68; mutuality of, 68; acceptance of, at time of offer, 68; offer made on time, 68; offer can be withdrawn, 68, 69; acceptance after reasonable time, 69; by correspondence, 69, 70; acceptance of, by telegraph, 69; withdrawal of, by telegraph, 69; offers and rewards, 70, 71; dates of, 71; interpreted by law of place when made, 71; execution of, 71; damages for failure to execute, 71, 72; effect of drunkenness on, 116, 117; equity enforces, 118, 119, 120; insurance policy is, 125, 126; of insurance can be reformed by court of equity, 128; responsibility of innkeeper may be changed by, 149; life insurance, 167; of a minor, 176; to sell in the future, 227; when necessary to be within, 242; for manufacture not included in Statute of Frauds, 243; form for bond to perform a, 280. See _Deceit_, _Drunkenness_, _Quasi-Contracts_

Contract of service, 267

Contract, Quasi. See _Quasi Contract_

Contractors, independent, and Compensation Acts, 271

Conveyance of real estate, in Statute of Frauds, 242

Co-partnership, form for articles of, 305, 307

Corporate owners of vessels, 236

Corporation, cannot become a voluntary bankrupt, 31; an involuntary bankrupt, 31; definition of manufacturing, 31; trading, 32; through its officers can admit inability to pay debts, 32; when paying benefits not exempt from taxes, 41; liability for injuries, 41; as mortgagee, 53; may be included in term citizen, 62; kinds of, 72, 73; formation of, 73, 74; perpetual charters, 73, 74; has no heirs, 74; continues through succession, 74; purchase of stock by one member, 74; capital of, 74; reasons for forming, 75; who can subscribe to stock of, 75; fictitious subscriptions to stock of, 75; stock certificates 76, 86; capital stock increased 76; rights of stockholders, 76; preferred stock, 76; subscriptions to shares is a contract, 77; cannot purchase own shares, 78; has no lien on its stock, 78; liability of shareholders, 78, 79; appointment of receivers, 79; assessments on stock, 79; meetings, 80; power of, 80; charter of, 80; majority shall rule may be modified, 80; who may call meetings, 80, 81; annual meetings, 81; regular meetings, 81; special meetings, 82; notices waived, 82, 83; who can vote, 83, 84, 85; right of transferee, 85; directors of, 86-93, 94, 96, 100, 101; affairs handled by few men, 88; failure of, 92; dividends, 92, 94-98; wrongs of, 98; liability for acts of agents, 98, 99; owner of stock has insurable interest in goods, 126; when private may make lease, 155; municipal, and leases, 155; may take lease, 155; can sue for slander or libel, 253; may be a devisee, or legatee, 264

Court, federal and state, 1, 4; district, 4; of appeal, 4; of equity, 16, 118-122, 128; United States district, 31; civil, 164

Covenants, 104, 105, 122, 165. See _Deeds_

Credit, letter of, form for, 309

Creditor, of bailee, 28; assignment for benefit of, 32; filing of petition against bankrupt, 33, 34; claims of, 34, 35, 36; election of trustee by, 34, 36; right to vote at meetings, 35; may object to discharge of bankrupt, 38; liability of beneficial associations to, 39, 40; several may join in giving mortgage, 53; attachment has insurable interest in goods, 126

Crime, drunkenness as excuse for, 117; how prosecuted, 2, 3. See _Husband and Wife_, _Tort_

Curtesy, 101, 102

Custom, when no defense to chauffeur, 58; liability of innkeeper changed by, 149. See _Usage_

Damages, nominal and compensatory, 253

Death, of principal or agent, 15; of stockholder before transfer, 82; of partner, 85; of husband, 114; of homesteader, 136; separation agreement cannot be set aside by, 144; of ward terminates lease, 155; lease made by wife terminated by husband's, 155; of mortgagor, 182, 183; of partner, 201; of inventor, 206; of a contractor, 223; of master of vessel, 239; of workman, 274

Debts and Statutes of Limitation, 244; revival of, 244, 245

Deceit, 102; when seller not liable, 102; purchaser of land not liable, 103; a wink not deception, 104

Decisions, highest court, 1

Deed, 7, 104; several, used in land deal, 104; warranty, 104; what warrantor agrees to do, 104, 105; encumbrances, 105; indenture, 105; release or quit-claim, 106; poll, 106; use of seal, 106; witnesses, 107; lease, 107; completed before delivery, 107; executor of, 107; when must be read, 107; delivery essential, 107, 108; should be recorded, 108, 109; acknowledgment, 109, 110; execution of, by married woman, 109, 110; Commissioner of, 110; correction of mistake, 110; land must be bounded, 110, 111; equity compels delivery of, 119; of warranty, form for, 282, 283; of indenture, form for, 284; of quit-claim, form for, 285, 286; of mortgage, form for, 287; of mortgage with power of sale, form for, 287; of mortgage on goods and chattels, form for, 289

Defenses, in actions for slander and libel, 254

Delay in telegraph messages, 246

Dependents of workmen, and Compensation Acts, 272

Deposits, how made by agent, 12. See _Bank_; _Check_

Desertion, its effect on homestead, 136

Devise of lands, 265

Devisee, of mortgaged land, 182; who may be a, 263, 264

Director, of corporation, 86-93, 94, 96, 100

Discomfort acts of, wrongs, 256

Dividends, 94-98, 125. See _Corporation_

Divisional tree, law relating to, 113

Divorce, effect of on dower right, 116; effect of on homestead, 136; for what causes granted, 144, 145; absolute, 146; legal effect of, 146, 147. See _Husband and Wife_

Domicile, of bankrupt, 31; husband's becomes wife's, 139

Dower, 113; defined, 113; paramount to claims of husband's creditors, 113; mortgage has preference, 113; legal marriage necessary, 114; assignment of, 114; may be barred, 115; non-existence of, 115; in exchanged lands, 115; rights of partner's widow, 115; can be released, 116; effect of divorce, 116

Drunkenness, 116; effect of, on contracts, 116, 117; as excuse for crime, 117; liability of sober party, 117, 118; responsibility of common carrier, 118; slander, 118

Earnings, the basis for computation of compensation, 274

Ejectment, action of, 166

Elevator, sale of grain in, 229

Employees, casual, and Compensation Acts, 270; Federal and Compensation Acts, 271

Employer and employee, relations as to patents, 207, 208; Compensation Acts, 266, 267

Enrollment, of vessels, 235

Equitable remedies, 118-122

Equity, court of, 3, 16, 118-122, 128; law and, 3

Eviction, 160, 161

Exchange, bill of. See _Bill of Exchange_, _Note_, _Negotiable Paper_

Executor, authority to vote at corporate meetings, 84; a foreign, 85, 208; may dispose of lease, 155, 156; can assign remainder of lease, 157; when, gets mortgagor's interest, 182; when heirs may require, to pay, 183

Explosives, liability of keeper of, 258

Express company, distinction between general and local, 51, 52

Factor, 123; employed to sell goods, 123; has a lien on goods, 123; authority of, 123; limitations on, fixed by principal, 123; use of credit, 123; cannot exchange goods, 123; may insure goods, 123; cannot compound claim, 124; has insurable interest in goods, 126. See _Agency_

Farm, tenant of, 157

Farm lease, form for, 295

Federal courts, 1

Federal employees, and Compensation Acts, 271

Finder, obligation of, as to lost property, 26, 27; of property lost in hotel or railroad car, 27; when has lien for services, 30; See _Bailor_

Fire insurance. See _Insurance, Fire_

Fires, starters of, liability of, 258

Fixtures, 132; defined, 132, 133; law favors tenant, seller, mortgagor, 132, 133; what tenant can remove, 162, 163

Food, warranty in sale of, 261

Forgery, ratification of, 9; of signature to negotiable paper, 188; in a telegram, 247. See _Check_; _Negotiable Paper_

Forms, legal: Agreement for sale of land, 277 Agreement concerning party wall, 277 Agreement for building, 278 Agreement for work and labor, 280 Agreement for lease, 293 Agreement to sell shares of stock, 302 Agreement for sale of physician's practice, 309 Agreement between merchant and traveling salesman, 311 Agreement for adoption of children, 312 Articles of co-partnership, 305, 307 Articles of incorporation, 318 Assignment of mortgage, 292 Assignment of lease, 298 Assignment of policy of insurance, 302 Assignment of patent right, 304 Bill of sale, 281 Bond to perform a contract, 280 Bond for payment of money, 305 Certificate of stock, 301 Chattel mortgage, with power of sale, 288 Claim of lien by workman, 279 Deed of indenture, 284 Deed of quit-claim, 285, 286 Deed of mortgage, 287 Deed of mortgage with power of sale, 287 Deed of mortgage on goods and chattels, 289 Deed of warranty, 282, 283 Lease, 293, 294 Lease, farm, 295 Lease of furnished rooms, 297 Letter of credit, 309 Notice of sale under mortgage, 291 Notice to quit, 299 Power of attorney, 299 Power of attorney, to transfer stock, 300 Release by ward of his guardian, 314 Subscription to build a church, 299 Transfer of shares of stock, 303 Will, 315, 316, 317

Frauds, Statute of. See _Statute of Frauds_

Furnished rooms, form for lease of, 297

Garage, keeper of a bailee for hire, 133; owner's liability for car when in a, 133; public, not a nuisance, 133; lien of keeper of, for storage and repairs, 134; care keeper of must use, 134; liability of keeper of for negligence, 134; keeper of not an insurer, 134; keeper of must protect from theft, 134; liability of keeper of for leaving car in alley, 134; and for using car without permission, 135; delivery of car by keeper of, 135; liability of keeper of for delay in repairing, 135; and for acts of servant, 135. See _Automobile_, _Chauffeur_, _Bailment_

Gift, cannot be recovered, 218

Grain, sale of, in elevator, 229

Guardian, who can act as, 143; may make lease, 155; of a minor, 177; may apply for a patent, 208; form for release of, by his ward, 314

Habeas corpus, action of, 166

Health of employees in relation to Compensation Acts, 268

Highway, 112, 135, 218. See _Automobile_

Homestead, agent's authority to sell, affected by owner's marriage, 14; definition of, 135; cannot be seized by creditors, 135; head of family owning definition of, 135, 136; effect of desertion and divorce on a, 136; what land is included in, 136; steps necessary to procure a, 136, 137; residence required on a, 137; liability of owner of, for debts, 137; can be mortgaged, 137; can be sold and other land bought, 137; exemption from taxes, 137

Huddy, quoted, 22, 23

Husband and wife, 137; marriage a contract, 137; essentials of marriage, 137; false representations, 137; effect of deceit in obtaining consent, 138; of compulsion, 138; of insanity, 138; legal age for marriage, 138; void marriages, 138; marriage license, 138; marriage performed outside jurisdiction, 138; common law marriage, 138, 139; husband's domicile becomes that of wife, 139; when wife can retain her domicile, 139; husband's liability for wife's crimes, 139, 140; wife still liable, 139; cannot steal from each other, 140; right to sue each other, 140; wife's liability for husband's wrongs, 140; alienation of affection, 140; wife's right to retain and manage her estate, 141; can appoint husband to act for her, 141; may act for husband, 141; and as executor, administrator or guardian, 141; wife's right to sue and be sued, 142; husband's liability for wife's debts, 142; duty of husband to provide home, 142; his right to defend wife, 142; his duty to provide home, 142; wife must live with husband, 142; duties of husband and wife toward each other, 142, 143; guardian of children, 143; husband and wife may live separately, 143; may divide property, 143, 144; when separation agreement cannot be sustained, 144; death and share of estate, 144; right of wife to use husband's credit, 144. See _Divorce_

Ice, liability for, on pavement, 162

Imprisonment, false, a wrong, 249

Imprisoned person, and Statute of Limitation, 244

Incapacity of workman, partial or total, compensation for, 275

Incorporation, form for articles of, 318

Indecent language in a telegram, 247

Indenture, 105; form for deed of, 284

Indorsement, see _Negotiable Paper_

Infancy, period of, defined by-law, 65

Inheritance, adopted child, 5

Injunction, temporary and permanent 22; against directors, 101; against infringer of patent, 122; to forbid tenants making alterations, 159

Innkeeper, 147; persons must receive, 147; persons must exclude, 147; keeping of horses, 147; liability for baggage, 147, 148, 149; exempt from loss by fire, 148; may make certain regulations, 148, 149; keeper of boarding house not, 149

Insane person and Statute of Limitation, 244

Insanity, of principal, 13; of agent, 13; how affects bid at auction, 18; of master of vessel, 240; and wills, 264

Inspector, 83, 101

Insurance Broker, 45, 46

Insurance, fire, when liable for acts of agent, 6; kinds of companies, 124, 125; mutual company preferred, 124; mutual plan protects against loss only, 125; stock company pays dividends, 125; insured must have interest in property, 125; who has insurable interest, 126; policy, as collateral security, 126; policy void, 126; policy a contract, 126; standard policy, 126; when is policy binding, 126, 127; premium, 127; policy may be assigned, 127; when policy can be cancelled, 127, 130; contract reformed, 128; written and printed parts of policy, 128; written application part of contract, 128; interpretation of meaning, 128; language of policy, 128, 129; clerical errors, 129; what policy covers, 129, 130; when risk begins, 129; misrepresentation, 129, 130; concealment of facts, 130; questions and answers a warranty, 130; policy void, 130; loss, total or partial, 130; damage by water, 130; from explosion, 131; from theft, 131; from lightning, 131; from negligence, 131; total loss, 131; partial loss, 132; open and valued policies, 132; see _Agency_

Insurance, life, 167; definition, 167; validity of the contract, 167; assignment of policy, 168, 172; authority of general agent to vary the agreement, 168; no contract until policy accepted by company, 169; state requirements, 169; delivery of policy, 169; authority of general and special agents, 170; payment of first premium, 170; void under conditions contrary to public welfare, 170; proceeds on which policy may be set aside, 171; determination of beneficiary, 171; date of commencement of risk, 172; payment of premiums, 172; reinsurance contracts, 173; cancellation or surrender, 173, 174; rescinding of a policy, 174; surrender or cancellation value, 175; conversion of policy, 175

Insurance money, provision for, in lease, 159

Insurance policy, of bankrupt, 37; form for assignment of, 302

Insurer, garage keeper not an, 134; innkeeper is, 147

Interstate Commerce Commission, controls interstate telegraph business, 248

Invention, patentable or not, 202, 203; requirements necessary to obtain a patent, 203; element of novelty, 204; prior publication, 204; usefulness, 204; exercise of inventive power necessary for a patent, 205; reduction of to practice, 206; employer presumed to be the real inventor, 208; inventor must apply for a patent, 208; specification of, 208; improvement on, 209

Jewelry, keeping of, by bailor, 29; see _Carrier_, _Innkeeper_

Key, delivery of, constitutes delivery of goods, 242

Laborers, farm, and Compensation Acts, 268

Lake, title to land under and around, 112

Land, title to, bounded by navigable river, 112; equity can forbid injuries to, 121; equity will enforce covenants, 122; devise of, in wills, 265; form for agreement for sale of, 277

Land, agreement to purchase, 15; must be in writing, 15; how signed, 15; how complete, 15; oral agreement, 15, 16; part payment, 16; period of option to purchase, 16; see _Contract_, _Statute of Frauds_

Land license, see _License_

Land owner, liability of, for nuisances on his property, 257; for safety of persons and children, 259

Landlord, see _Lease_

Larceny, 27

Law, common, 1, 2, 3; statute, 1, 2; courts of, 4; civil and criminal, 2, 164; and equity, 3, 5; insolvency, 31

Lawsuit, mode of conducting, 164

Lease, 151; defined, 151; oral or written, 151, 152, 153; liability of lessee, 151, 159; agreements in 152, 153; year to year tenancy, 153; term, defined, 153; for a future period, 153, 154; description of premises, 154; distinction between, and agreement, 154; valid, 155; made by married woman, 155; private corporation may make, 155; municipal corporation restricted, 155; corporation may take, 155; executor may dispose of, 155, 156; trustees may make, 156; partner cannot make, 156; for what can be made, 156; ratification, 156; construction of, 156; presumes care on part of tenant, 156, 157; rights of a mill tenant, 157; rights of a farm tenant, 157; assignment of, 157; sublease, 157; lessor may part with his interests in, 158; not a warranty of good condition, 158; lessor not required to make repairs, 158; agreement to make repairs, 158, 159; agreement to rebuild, 159; alterations by tenant, 159; renewal, 159; rent, 160; eviction, 160, 161; land rented on shares, 161; of parts of building separately, 161; liability of lessor, 161, 162; removals by tenant at expiration of, 162, 163; form for agreement for, 293; form for a, 293; 294; form for a farm, 295; form for assignment of, 298; of furnished room, form for, 297

Legal remedies, 164-166

Legatee, property given to, disposition of, 37; and cash dividends, 97, 98; and stock dividends, 97, 98; definition of, 263; who may be, 264; see _Will_

Lessee, see _Lease_

Lessor, see _Lease_

Letter of credit, form for, 309

Libel, is a wrong, 250, 251, 252; and slander, 252

License, land, 149; defined, 149, 150; for what granted, 150; granted informally, 150; revocation, 150, 151; duty of licensor to invitee, 151; of vessels, 236

License to operate automobile, 20

Lien, of agister, 30; of livery stable man, 30; of groom, 30; of freight carrier, 49; on bank stock, 78; of factor, 123; of garage keeper, 134; of innkeeper, 148; on real estate, 180, 181; form for claim of, by workman, 279

Life Insurance, see _Insurance, Life_

Limitation, Statutes of, 243, 244, 245

Livery stable, no lien on animals, 30

Lodging house, liability of keeper, 149

Lost property, 26-28

McClain, Justice, quoted on life insurance, 168, 174

Mail, United States common carrier for, 52; United States is not liable for loss of, 52; private express cannot be established for, 52; liability of postmaster and assistant and clerk, 52; liability of driver of, 52; assent in contracts sent by, 69, 70; delivery of insurance policy, 169; see _Negotiable Paper_

Malice, liability of corporation for, 99

Mandamus, issue of, 81; action of, 166

Manufacture, contract for, not included in Statute of Frauds, 243

Manufacturer, liability of, 258

Margin, sale of stock on, 235

Marriage, 13, 14, 115, 137; see _Husband and Wife_

Massachusetts courts, decision in respect to adopted child, 5

Masters, of vessels, law governing employment, 239; duties and successors of, 240; authority of, 240

Meetings, 83-86

Merchant, duty of, towards public, 151; and traveling salesman, form for agreement between, 311