his patients, friends, and others, as his successor; and will use his
best endeavors to promote and increase the prosperity of the said
practice or business.
4. The said vendor will not reside or practise either as physician or
surgeon, or act directly or indirectly as partner or assistant to or
with any other physician or surgeon practising ________ either at
________ aforesaid, or elsewhere, within ________ miles thereof.
5. The said purchaser, in consideration of the agreements on the part
of the vendor hereinbefore contained, hereby further agrees to pay
him, his executors, or administrators, ________ dollars, by
installments as follows: one-half part thereof on the ____ day of
________ next, upon receiving the full and peaceable possession of the
said practice, office, good will, fixtures, furniture, books, and
things hereinbefore mentioned, and the remaining half part thereon on
the ____ day of ________ next.
In witness, etc.
42
Agreement Between Merchant and Traveling Salesman
Agreement made this ________ of ________, between ________ of
________, and ________ of ________, merchants and co-partners, doing
business under the firm name and style of ________ & Co., of the one
part, and ________ of ________, traveling salesman of the other part.
1. The said salesman shall enter into the service of said firm as a
traveler for them in their business of ________ merchants, for the
period of ________ years from the ____ day of ________ 19__, subject
to the general control of said firm.
2. The said salesman shall devote the whole of his time, attention,
and energies to the performance of his duties as such salesman, and
shall not, either directly or indirectly, alone or in partnership, be
connected with or concerned in any other business or pursuit during
the said term of ________ years.
3. The said salesman shall, subject to the control of the said firm,
keep proper books of account, and make due and correct entries of the
price of all goods sold, and of all transactions and dealings of and
in relation to the said business, and shall serve the said firm
diligently and according to his best abilities in all respects.
4. The fixed salary of the said salesman shall be the sum of ________
dollars per week for the first year, payable by the said firm weekly
from the commencement of the said service, on the ____ day of
________, and ________ dollars per week for the third year, payable
weekly in like manner, from the commencement of such respective years.
5. The reasonable traveling expenses and hotel bills of the said
salesman, incurred in connection with the business of said firm, shall
be paid by the said firm, and the said firm shall from week to week
pay to the said salesman the said traveling expenses and hotel bills
in addition to the said fixed salary.
In witness, etc.
________
________
43
Agreement for the Adoption of Children
This indenture made the ____ day of ________, 19__, between ________
of ________, party of the first part, and ________, of ________, and
________ his wife, parties of the second part.
Whereas the said party of the first part has two daughters, ________
and ________, now aged ________ and ________ years, respectively; and
whereas the said parties of the second part are willing to adopt the
said children subject to the conditions hereinafter contained, and on
the part of the party of the first part to be observed: Now this
indenture witnesseth that the said parties covenant and agree as
follows, that is to say:
1. The said parties of the second part shall adopt the said children,
and shall, until the said children shall respectively attain the age
of twenty-one years, or marry under that age, maintain, board, lodge,
clothe, and educate them in a manner suitable to their station, and as
if they were the lawful children of the parties of the second part and
shall at the cost of the parties of the second part, and of the
survivor of them, provide the said children with all necessaries, and
discharge all the debts and liabilities which the said children or
either of them may incur for necessaries, and indemnify the said party
of the first part against all actions, claims, and demands in respect
thereof.
2. The said party of the first part hereby nominates and appoints the
said parties of the second part, during their lives, and after their
respective deaths the person or persons to be nominated in that
behalf, as is hereinafter mentioned, to be the guardians of the
persons and estates of the said children until they shall attain the
age of twenty-one years, or until they shall marry under that age
respectively.
3. The said party of the first part shall not revoke the appointment
hereby expressed to be made, and will not, by deed, will, or
otherwise, appoint or apply for the appointment of any other person or
persons to be guardian or guardians of the said children or either of
them, or of their respective estates.
4. In case of the death of either of the parties of the second part
before the said children shall attain the age of twenty-one years, or
marry under that age respectively, it shall be lawful for the survivor
of them, the said parties of the second part, by deed or will, to
nominate and appoint any person or persons, from and after the decease
of such survivor, to be guardian or guardians of the said children or
either of them.
5. The said party of the first part shall not himself, nor shall any
person or persons claiming under him, or acting under his authority,
at any time or in any manner interfere with the training or management
of the said children or either of them, or with their or her moral,
intellectual, or religious education or instruction.
6. If the said party of the first part shall not perform and observe
all and every of the stipulations herein contained and on his part to
be performed and observed, then and in every such case it shall be
lawful for the said parties of the second part, and the survivor of
them, by notice in writing under their, his or her hands or hand, and
addressed either to the party of the first part or to the person
setting up such claim or demand, or so interfering as aforesaid, to
put an end to the agreement hereby expressed to be made, and thereupon
the same shall absolutely cease and determine; provided that in such
event the said party of the first part, or his estate, shall be liable
to pay and satisfy all debts and liabilities incurred by or in any
wise for the benefit of the said children, or either of them, which at
the time of such determination of this agreement shall not have been
paid and satisfied. In witness, etc.
44
Release by Ward of His Guardian
Know all men by these presents, that I, A.B., of ________, son and
heir of ________, deceased, in consideration of ________, by these
presents remise, release, and forever discharge C.D., of ________, my
guardian, of and from all manner of actions, suits, accounts, debts,
dues, and demands whatsoever, which I ever had, now have, or which I
or my executors or administrators, at any time hereafter, can or may
have, claim or demand against the said C.D., his executors or
administrators, for, touching, or concerning the management and
disposition of any of the lands, tenements, or hereditaments of the
said A.B., situate, etc., or any part thereof, or for or by reason of
any money, rents, or other profits by him received out of the same, or
any payments made thereof, during the minority of the said A.B., or by
reason of any matter, cause or thing whatsoever, from the beginning of
the world to the day of the date hereof.
In witness whereof, I have hereunto set my hand and seal, this ____
day of ________, one thousand nine hundred and ________.
(Signature and seal)
________
In presence of
(Signature of witness)
________
________
45
Will
In the name of God, amen: I, A.B., of the city of ________, in the
county of ________, and state of ________, considering the uncertainty
of this mortal life, and being of sound mind and memory, blessed be
God for the same, do make and publish this my last will and testament,
in manner and form following, that is to say:
First: I direct that my funeral charges, the expenses of administering
my estate, and all my debts be paid out of my personal property. If
that be insufficient I authorize my executors, hereafter named, to
sell so much of my real estate as may be necessary for that purpose.
Second: I give and bequeath to my beloved wife, C.B., the sum of
$________, in lieu of dower, and of any distributive share in my
estate to which she would otherwise be entitled. I also give and
bequeath to my beloved wife the dwelling-house and lot on which I now
reside.
Third: I hereby give the custody of my infant children during their
minority, and while they remain unmarried, to my beloved wife, so long
as she remains my widow; but if she shall die or marry again during
the infancy of said children, then in that case, I commit their
custody and tuition to my friend E.F., of said city and state.
Fourth: I give and bequeath all of the residue of my estate, real and
personal, to my children, share and share alike, as tenants in common,
to be paid to them as they respectively come of age. In case any one
of my children shall die in my lifetime, leaving issue of descendants,
I direct that his share shall not lapse, but shall be paid to such
descendants, in equal proportions.
Fifth: I appoint my friend G.H. executor of this, my last will and
testament, hereby revoking all former wills by me made.
In witness whereof I have hereunto subscribed my name this 1st day of
________, in the year of our Lord ________.
A.B.
We, whose names are hereunto subscribed, do hereby certify that A.B.,
the testator, subscribed his name to this instrument in our presence
and in the presence of each of us, and declared at the same time in
our presence and hearing that this instrument was his last will and
testament, and we at his request, sign our names hereto in his
presence as attesting witnesses.
L.M., of the city of ________
N.O., of the city of ________
46
Will--Another Form
I, A.B., of the town of ________, in the county of ________, and state
of________, declare this to be my last will and testament:
I give and bequeath to my wife, C.B., ________ dollars, to be received
by her in lieu of dower.
To my son, E.B., ________ dollars (which said several legacies I
direct to be paid within ________ after my decease).
I give and devise to my son, E.B. aforesaid, his heirs and assigns,
all (here designate the property), together with all the hereditaments
and appurtenances thereunto belonging or in anywise appertaining.
To have and to hold the premises above described to the said E.B., his
heirs and assigns forever.
I give and devise all the rest, residue, and remainder of my real
property, of every name and nature whatsoever, to my said daughter,
M.B. (and my daughter, O.B., to be divided equally between them, share
and share alike).
I give and bequeath all the rest, residue and remainder of my
personal property, of what nature or kind soever, to my said wife,
C.B.
I hereby appoint E.B. the sole executor of this will, revoking all
former wills by me made.
In witness (etc., as in Form 45).
47
Will Bequeathing Legacies and Appointing Residuary Legatee
I, A.B., of ________, declare this to be my last will and testament.
I bequeath to my wife, C.B., all the fixtures, prints, books, plate,
linen, china, wines, liquors, provisions, household goods, furniture,
chattels, and effects (other than money or securities for money),
which shall at my death be in or about my dwelling-house and premises
at ________.
I bequeath to my said wife the sum of ________ dollars, to be paid to
her within one month after my death, without interest.
I also give and bequeath to my said wife the sum of ________ dollars.
I also bequeath the following legacies to the several persons
hereafter named: To my nephew, E.F., the sum of ________ dollars; to
my cousin, G.H., the sum of ________ dollars; and to my friend, J.K.,
the sum of ________ dollars (and so on with other pecuniary legacies).
I also bequeath to each of my domestic servants who shall be living
with me at the time of my death in the capacity of (state the
description of servants to whom the legacies are to be given), one
year's wages, in addition to what may be due to them at that time.
All the rest, residue and remainder of my real and personal estate, I
devise and bequeath to R.S., his heirs, executors, administrators, and
assigns, absolutely forever.
I appoint T.U. and V.W. executors of this my will.
In witness, etc.
48
Articles of Incorporation
Know all men by these presents. That we, ________, ________, ________,
________, ________, ________, do associate ourselves together for the
purpose of forming and becoming a corporation in the state of
________, for the transaction of the business hereinafter described.
1. The name of the corporation shall be (give name). The principal
place of transacting its business shall be in the city of ________,
county of ________, and state of ________.
2. The nature of the business to be transacted by said corporation
shall be the (give name of business) and the erection and maintenance
of such buildings and structures as may be deemed necessary, and to
purchase real estate as a site therefor, and especially to ________.
3. The authorized capital stock of said corporation shall be (state
amount) thousand dollars in shares of $________ each, to be subscribed
and paid as requested by the board of directors.
4. The existence of this corporation shall commence on the first day
of ________, A.D., 19__, and continue during the period of ________
years.
5. The business of said corporation shall be conducted by a board of
directors not to exceed five in number, to be elected by the
stockholders; such election to take place at such time and be
conducted in such manner as shall be prescribed by the by-laws of said
corporation.
6. The officers of said corporation shall be a president, secretary
and treasurer, who shall be chosen by the board of directors, and
shall hold their office for the period of one year, and until their
successors shall be elected and qualified.
7. The highest amount of indebtedness to which said corporation shall
at any time subject itself shall be not more than ________ thousand
dollars.
8. The manner of holding the meetings of stockholders for the election
of officers, and the method of conducting the business of the
corporation, shall be as provided by the by-laws, adopted by the board
of directors.
In witness whereof, the undersigned have hereunto set their hand this
____ day of ________ A.D., 19__.
________, ________, ________
________, ________, ________
State of ________}
________ County. }
On this ____ day of ________, 19__, before me, A.B., a justice of the
peace, in and for the said county, personally appeared the above named
________, ________, ________, ________, who are personally known to me
to be the identical persons whose names are affixed to the above
articles, as parties thereto, and they severally acknowledged the
instrument to be their voluntary act and deed.
Witness my hand the date aforesaid.
A.B.
Justice of the Peace.
Index
Acceptance and delivery, what constitutes, 242
Action, defined, 4
Actions, different kinds of, 165 166
Administrator, may dispose of lease, 155, 156;
can assign remainder of lease, 157
Adoption of children, form for or agreement for, 312.
See _Child, Adopted_
Adulteration of a commodity, 260
Advantage, incidental, 218
Agency, 6;
how created, 7;
post-office agency of offerer of contract, 69, 70
Agent, when authority must be in writing, 7;
cannot purchase principal's property, 8;
power affected by usage or custom, 8;
invalid act of, cannot be ratified, 9;
ratifying a forgery, 9;
cannot appoint a substitute, 10;
liability of, 10;
secret instructions to, 11;
cannot act for both parties, 12;
cannot receive profit from transaction, 12;
must be faithful, 12;
termination of relation of, 13, 14, 15;
duties of affected by insanity of principal, 13;
marriage of principal, 13;
must keep principal informed, 14;
liability of principal for acts and statements, 9, 10, 11, 12, 13, 14;
auctioneer owners, 16;
auctioneer purchaser's, 16, 1;
length of term of, 17;
for corporation, 26;
bailor as, 28;
broker as, 45;
may make chattel mortgage, 53;
how should sign checks, 58;
authority of to receive stock subscriptions, 77;
deception of releases subscriber, 77, 78;
corporation can do wrong through, 98;
can be appointed to examine books, 101;
has insurable interest in goods, 126;
state prosecutes through, 164
Agent, general, 6, 7, 8, 10;
partner is a, 198
Agent, special, 6, 7, 18;
insurance broker is a, 46
Agisters, 30
Alien, may become voluntary or involuntary bankrupt, 31;
woman who marries American, 62;
may be naturalized, 62, 63;
rights of, 63;
owes temporary and limited allegiance, 63;
non-resident, 63, 64
Animals, vicious, a nuisance, 258
Annoyances, temporary, 256
Apologies for slander and libel, 255
Appeals, court of, 4
Apprentices, and Compensation Acts, 268
Arbitration, 45
Assault and battery, a wrong, 250
Assent, mutual, basis of sales and contracts to sell, 227
Assets, disposition of in partnership failure, 202
Assignment. See _Bankruptcy_: _Patent_
Associations, beneficial, 38;
social and business, 38;
voluntary, 39;
incorporated, 39;
articles and rules, 39;
legal status, 39;
members not partners, 39;
liability to creditors, 39, 40;
rights of members, 40;
recovery of property by members, 41;
exemption from taxation, 41;
admission of members, 41, 42;
initiation, 42;
property rights of religions, 42;
benefits to sick members, 42, 43;
power to expel, 43, 44;
expulsion in subordinate lodges, 44;
restoration of members, 44;
withdrawal of members, 44;
liability of members for promised benefit, 44, 45;
cannot confer judicial power on its officers, 45;
cannot defer future controversies to arbitration, 45
Assumpsit, action of, 165
Attorney. See _Power of Attorney_
Auctioneer, 16;
owner's agent, 16;
purchaser's agent, 16, 17;
must bind purchaser, 16;
completes sale, 17;
authority, how conferred, 17;
a special agent, 18;
authority of, 18, 19;
has properties in goods to be sold, 45
Automobile, 19;
rights of owner,19, 20;
no superior rights, 20;
non-resident driver, 20;
license, 20;
liability of bailor, 20, 21;
responsibility of hirer, 21;
sale of, by hirer, 21;
obligation on hirer's part, 21;
owner's redress of car misused, 21;
duty of owner or hirer when carrying passengers, 22;
compensation of owner, 22;
liability for using without owner's consent, 22;
liability of a corporation hirer, 22;
liability for joy riding, 22;
speed of, 22;
exclusion of, 22;
"the law of the road," 22, 23;
rights of pedestrian, 22, 23;
passing each other, 23;
backing, 23, 24;
meeting in street, 23;
at intersecting streets, 24;
obstructions in road, 24;
driver must use care to avoid injury, 24, 25;
competency of driver, 25;
must be under reasonable control, 25;
driving in a fog, 25;
liability of owner, 25
See _Chauffeur_, _Garage Keeper_
Bacon, quoted, 45
Bailee, liability of a minor, 26;
corporation as, 26;
finder of lost property is, 26, 27;
rights of creditor of, 28;
liability of, 28, 29;
must be informed of all faults, 28, 29;
liability of bank as, 29;
liability of a safe deposit company as, 29;
usually a keeper only, 29;
exceptions, 29, 30;
return of property at end of bailment, 30;
lien for services, 30;
has insurable interest in goods, 126;
garage keeper is a, 133
Bailment, 20, 26-30
Bailor, not responsible for negligence of hirer, 20;
may bring action against innocent purchaser, 21;
corporation as, 26;
and bailee, 26;
rights of, 28;
not always owner of thing bailed, 28;
must explain all faults, 28, 29
Bank, custodian of lost property, 27;
liability as bailee, 29;
not legally bound to pay check to holder, 58;
agreement to pay check is with depositor, 58;
responsible for payment of checks, 59;
not responsible for checks carelessly written, 60;
liability for forged checks, 60;
is liable if makes payment on stopped check, 61;
life of a national, 73;
can retain dividend, 78;
liability of national shareholders, 78, 79;
directors of national, 87;
directors of, 88, 91, 94;
who loans money of, 88;
president, 91, 92;
national cannot always certify a check, 99
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