«Практический справочник по законам для мирян»

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

Уступка права требования (Цессия). См. Банкротство : Патент

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

Поверенный. См. Доверенность

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

См. Шофер, Владелец гаража

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

Общества взаимной помощи. См. Ассоциации, общества взаимной помощи

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.

См. Представительство

Brokerage, 45

Building, form for agreement for, 278.

См. Недвижимое имущество, Земля

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.

См. Почтовые отправления

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

Благотворительные организации. См. Общества взаимной помощи

Charters, of national banks, 73;

perpetual, 73

Chattel mortgage with power of sale form for, 288.

См. Заклад движимого имущества

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.

См. Автомобиль; Гараж

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.

См. Усыновленный ребенок, Муж и жена

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.

См. Обман, Опьянение, Квазидоговоры

Contract of service, 267

Квазидоговор. См. Квазидоговор

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;

акционерный капитал увеличен 76;

rights of stockholders, 76;

preferred stock, 76;

подписки

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.

См. Документы за запечатанной печатью (Акты)

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.

См. Муж и жена, Деликт

Curtesy, 101, 102

Custom, when no defense to chauffeur, 58;

liability of innkeeper changed by, 149.

См. Обычай

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.

См. Банк; Чек

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.

См. Корпорация

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.

См. Муж и жена

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

Переводной вексель (тратта). См. Переводной вексель, Простой вексель, Оборотистый документ

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.

См. Представительство

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;

См. Поклажедатель

Страхование от пожара. См. Страхование, от пожара

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.

См. Чек; Оборотистый документ

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

Мошенничества, статут о. См. Статут о мошенничествах

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.

См. Автомобиль, Шофер, Хранение

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.

См. Автомобиль

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.

См. Развод

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

Индоссамент, см. Оборотистый документ

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;

см. Представительство

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;

см. Перевозчик, Содержатель постоялого двора

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;

см. Договор, Статут о мошенничествах

Лицензия на землю, см. Лицензия

Land owner, liability of, for nuisances on his property, 257;

for safety of persons and children, 259

Арендодатель, см. Договор аренды (Лейс)

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;

см. Завещание

Арендатор, см. Договор аренды (Лейс)

Арендодатель, см. Договор аренды (Лейс)

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

Страхование жизни, см. Страхование, жизни

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;

см. Оборотистый документ

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;

см. Муж и жена

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

Merchandise Broker, 45, 46

Messages, telegraph, should not be made public, 247;

may be produced by order of a court, 247;

criminal offense to divulge, 247;

to open or read a sealed, 247;

repeated and unrepeated, 248

Minor, limited power of, 7;

bid made by, 18;

as bailee, 20;

cannot become a voluntary bankrupt, 31;

as mortgagee, 53;

as chauffeur, 57;

citizenship of, 62;

ability of to sign contracts limited, 65;

period of infancy of, fixed by law, 65;

cannot subscribe to stock, 75;

cannot be held for note, 91;

cannot make legal deed, 107;

lease made by, void, 155;

contracts of a, 176;

necessaries and luxuries supplied to a, 176;

disaffirmation of contract of a, 177;

fraudulent contract of a, 177;

can avoid sales contracts, 228;

and Statute of Limitations, 244;

may be a devisee or legatee, 264;

as employee in Compensation Acts, 268

Morawetz, quoted, 88, 89, 100

Mortgage, creditor, can force contract to give, 120;

kinds of, 177;

may cover future advances, 178;

improvements covered, 178, 179;

not an absolute conveyance, 179;

not changed by contemporaneous agreement, 179;

with power of sale, 179, 180;

how the power must be executed, 180;

mortgagor cannot purchase property sold, 180;

lien of vendor for purchase money, 180;

how subsequent purchaser is affected, 180;

notice of vendor's lien, 181;

mortgagor real owner, 181;

both parties may insure premises, 181;

rights of several mortgagees to same property, 181;

right of deviser to money due on, 182;

mode of foreclosure on a, 182;

payment by joint contributors to discharge, 183;

who can redeem a, 183;

payment by executor, 183;

rights of mortgage of vessel, 238;

form for deed of, with power of sale, 287;

form for deed of, 287;

form for notice of sale under, 291;

form for assignment of, 292;

см. Документ за запечатанной печатью, Залог движимого имущества, Судоходство

Mortgage, Chattel, 52;

definition of, 52, 53;

form of, 52;

who may make, 53;

creditors may join in giving, 53;

description of property, 53, 54;

may be given for future advance of money, 54;

обеспечить защиту от кредитора 54;

Statutes of, 55, 56;

what is included in, 55;

rights of mortgagee, 55, 56;

form for, with power of sale, 288;

form for deed of, 289;

см. Заклад (Ипотека)

Mortgagee, 55, 56;

has insurable interest in goods, 126

Mortgagor, 55, 56;

favored by law in regard to fixtures, 133

Motorist, non-resident, 20

Naturalization, 62

Negotiable Instruments Law, 213

Negotiable paper, definition, 183-197;

см. Вексель, Простой

Newspapers, offers and rewards in, 70, 71

Note, promissory, definition, 183;

requirements for a, 183;

unqualified promise in a, 184;

payable on a contingency, 184;

payable at a fixed future time, 184;

dating of a, 184;

seal of a, 184;

payable on demand, 184;

overdue, 185;

подлежащий оплате приказу; 185;

payable to bearer, 185;

ante or past-dated, 185;

title to, acquired from date of delivery, 185;

a wrongly dated, 186;

authority of holder to fill blanks, 186;

incomplete until delivery, 187;

mode of delivery, 187;

ambiguity of a, 187, 188;

signature to a, 188;

signature by agent, 188;

a forged, 188;

forged indorsement on a, 188;

consideration for a, 189;

accommodation party to a, 189;

negotiation of a, 189;

negotiation by delivery of a, 189;

by indorsement and delivery, 189;

kinds of indorsement of a, 189;

striking out indorsement of a, 189;

indorsing to bank or cashier, 190;

misspelled or incorrect indorsement, 190;

holder in due course, 190;

bad faith in negotiating, 190, 191;

agreement of maker, 191;

liability of indorser, not a party to, 191;

presentment of a, for payment, 191, 192, 193;

exclusion of days in reckoning due date of, 193;

payable at bank, 193; notice of dishonor of a, 193, 194;

notice of, to joint parties, 194;

notice of, to address as directed, 194;

notice of waived, 195;

alterations in a, 195;

memorandum on a, 195;

similarity of indorsed, and bill of exchange, 196;

given in payment, 212;

and Statute of Limitations, 244

Non-resident Alien, 63, 64

Notice, of sale under mortgage, form for, 291;

собраний, см. Корпорация;

to quit, form for, 299

Nuisances, private, are wrongs, 255

Obligations, various, included in Statute of Limitations, 245

Officer, public, liability of, 52

Option, to purchase land, 16

Owners, in common, of vessels, 236, 237

Parent, natural and adopted, 5;

cannot lease land of minor child, 155;

of a minor, 177;

obligations of, toward child, 197;

cessation of, 197;

protection of child by, 197;

use of child's property by, 197;

and child, relations between, 197;

см. Усыновленный ребенок, Муж и жена

Partner, a member of beneficial association not a, 39;

what surviving may do, 85;

may waive notice of corporate meeting, 85;

dower rights of widow of, 115;

cannot lease partnership land, 156;

non-investing, not liable for debts, 198;

a general agent, 198;

limitations of authority of a, 199;

silent or secret, liability of, 199, 200;

general or special, 200;

illegal contract made by a, 201;

death of a, 201;

succession to by executor, 201;

retiring, 201;

liquidating, authority of, 202

Partnership, rules for termination of agency, 14;

liability of members, 75, 78;

stock owned by, represented by partner, 85;

contract to form, cannot be enforced, 120;

member of, cannot make lease, 156;

between tenant and landlord, 161;

in a single transaction, 198; Act, 198;

liability of non-investing partners in, 198;

can hold any kind of property, 198;

partners in, are general agents, 198;

limitations of authority of partners in, 199;

reception of a new member in, 199;

formed by definite agreement in writing, 199;

silent or secret partners in, 199, 200;

limited liability, 200;

dissolution of a, 201;

death of a partner in, 201;

retiring partner in, 201;

failure of, disposition of assets, 202;

liquidating partner in, 202

Party wall, form for agreement concerning, 277

Passenger, duty of automobile owner or hirer, in carrying, 22;

compensation for carrying, 22;

см. Перевозчик

Patent, 202;

design, 203;

invalidation of an American by a foreign, 204;

prior publication for a, 204;

defeat of on ground of lack of novelty, 204;

must be useful to get a, 204;

exercise of inventive power necessary for a, 205;

кому может быть выдано? 206;

a joint, 207;

must be issued in name of real inventors, 207;

rights of employee with a, 207;

may be issued to assignees, 208;

inventor must apply for a, 208;

specification of invention to get a, 208, 209;

duties of inventor to get a, 209;

duties of commissioner and examiner before granting a, 210;

right of appeal if not granted, 210;

infringement of, and injunction to prevent, 211;

form for assignment of right, 304

Pawn Broker, 45, 47

Payment, when can double be required, 9, 211;

legal forms of, 211, 212;

note or check given in, 212;

applications of general on several debts, 212;

receipt not conclusive evidence of, 213;

effect of a seal in a receipt for, 214;

on receipt of documents, 235;

partial, of purchase money completes sale, 243;

partial, revives debt barred by Statute of Limitations, 245;

of money, form for bond for, 305

Peck, quoted, 117

Pedestrian, rights of, 22

Physician, admission of, to beneficial associations, 41;

form for agreement for sale of practise of a, 309

Pledgee, authority of, 7;

has insurable interest in goods, 126

Pledgor, of stock, 85, 86

Policy, insurance, 168-176;

form of assignment of, 302;

см. Страхование от пожара; Страхование жизни

Poll deed, 106

Possession and control, transfer of constitutes delivery, 243

Postmaster, liability of, 52

Post office, is agency of offerer of contract, 69, 70

Pond, title to land under and around, 112

Power of attorney given to an agent, 7;

given by a homesteader, 14;

revoked by woman's marriage, 14;

form for, 299;

to transfer stock, form for, 300

Precedent, nature of, 1

Preference, defined, 32

Привилегированные акции, см. Корпорация

Страховая премия, см. Страхование жизни; Страхование от пожара

Prescriptive Rights, 214;

to land, how gained, 214;

how determine whether or not fully acquired, 214;

to light and air, 215;

to use of water, 216;

to lateral support of land, 217;

excavations, 218

Price, fixing of, in a sale, 230;

determination of reasonable, 231

Promise to pay a debt, renewal of, 244, 245

Property, lost, 26, 27;

fraudulent transfer of, 32, 33;

real and personal, in wells, 263

Prosecution, liability of corporation for, 99;

malicious, is a wrong, 249

Prosecutor, State as, 164;

injured person as, 164

Publication, prior, of an invention, 204

Public Officers, and Compensation Acts, 272

Purchasers of vessels, liability of, 238

Quasi Contract, 218;

definition, 218;

gift cannot be reclaimed, 218;

recovery for incidental advantage to another, 218, 219;

for service rendered as gratuity, 219;

for goods accepted without intended payment, 219;

for perished property, 220;

premium on insurance policy, 220;

recovery in case of indefinite promise, 220;

contract not executed as law requires, 220, 221;

especially Statute of Frauds, 221, 222;

recovery for use of unpaid for land, 222;

recovery impossible in case of no benefit, 222;

recovery impossible by taking advantage of one's own default, 223;

recovery for loss in course of alteration and repair, 223;

in case of illness or death of contractor, 223;

in wagering contract, 224;

in contracts made on Sunday, 224;

on partnership note given for benefit of partner, 224;

of goods delivered by carrier to wrong person, 224;

of payment made by mistake, 225;

when consideration has totally failed, 225;

voluntary payment, 225;

recovery of check not covered by deposit, 225;

goods sold as own which are not, 225;

goods that are worthless, 225;

forced benefit cannot be recovered, 226

Quit, form for notice to, 299

Quit-claim, 106;

form for deed of, 285, 286

Quo warranto, action of, 166

Race track news by telegraph, 217

Railroad receivers, 8

Ratification, defective notice of meeting may be cured by, 83

Real Estate, broker, 45, 46;

deeds, 101-112;

monuments, 111;

boundaries of, in cities, 111;

non-navigable stream, 111;

tidal navigable stream, 112;

natural or artificial pond as boundary, 111, 112;

title to land in public highway, 112;

liability of examiner of title, 112, 113;

equity awards money for failure of contract, 120;

equity will enforce covenants, 122;

seller favored by law in regard to fixtures, 132, 133;

conveyance of, in Statute of Frauds, 242.

См. Договор аренды (Лейс)

Receipt not conclusive evidence of payment, 213

Receiver, duties of, 79;

has insurable interest in goods, 126.

См. Корпорация

Registration of vessels, 235

Release, 106;

by ward of his guardian, form for, 314

Rent, 160

Replevin, action of, 165

Representation, as distinguished from warranty, 260

Retraction, of slander and libel, 255

Revocation of wills, 266

Right of way, 214;

to light and air, 215;

to use of water, 216;

to lateral support of land, 217

Riparian owner, rights of, 112

Roads, public, 19

Safe Deposit Company, as bailee, 29

Sale, 227;

future contract to sell and present sale, 227;

based on mutual assent, 227;

executory, 227;

executed, 227;

based on mutual assent, 227;

may be conditional, 227;

regulation of capacity to buy and sell, 228;

contracts of a minor, 228;

Sales Act and Statute of Frauds, 229;

limit of enforcement of sale, 229;

an undivided share, 229;

specific goods, 230;

fixing of price in a, 230;

determination of reasonable price, 231;

and warranties, 231;

satisfaction of buyer necessary, 231;

implied warranty in a, 232, 233;

transfer of ownership in a, 233;

delivery and acceptance in a, 234;

delivery of goods or documents on payment, 234;

speculative stock, 235;

of goods, wares, and merchandise in Statute of Frauds, 242;

various modes of completing, 243;

of land, form for agreement for, 297;

Bill of, form for, 281;

form for notice of, under mortgage, 291

Sales Act, 17, 228;

and undivided share of goods, 229;

and Statute of Frauds, 229;

and specific goods, 230;

fixing of price in, 230;

determination of reasonable price, 231;

satisfaction of buyer necessary, 231;

warranty and implied warranty, 232, 233;

delivery and acceptance, 234;

delivery of goods or documents on payment, 234

Seal, use of, 106;

effect of, in a receipt for payment, 214

Seamen, of vessels, laws pertaining to, 241

Separation, between husband and wife, 143, 144

Servants, domestic and Compensation Acts, 269

Service, contract of, 267

Shareholder, rights of, 101.

См. Корпорация

Shares, land rented on, 161;

of stock, form for agreement to sell, 302

Shipping, 235. See Vessels

Shipping Broker, 45

Slander, liability of corporation, 11, 12, 99;

in case of drunkenness, 118;

and libel, action of, 166;

and libel, distinctions between, 252;

is a wrong, 250, 251;

definition of, 253

Sleeping car, 51

Snow, liability for, on pavement, 162

Spring of water, restrictions of owner, 217

Statute of Frauds, and auctioneer, 17;

and lease, 152;

and recovery on contract, 221, 222;

and sale of goods, 229, 242, 243;

and delivery and acceptance, 242;

and sale of real estate, 242;

and manufacturer, 243

Statutes, 1, 2;

pertaining to lost property, 26, 27;

to beneficial associations, 39;

to pawn-brokers, 47;

limiting amount carrier must pay for lost life, 50;

regarding mail carrying by private express, 52;

pertaining to chattel mortgages, 55, 56;

imposing higher inheritance tax for non-resident aliens, 63;

allowing individual to form corporations with legislative aid, 73;

pertaining to married women's subscriptions to stock, 75;

provisions for corporations, 80, 81, 83, 99;

controlling bank directors, 92;

fixing liability of parties, 105;

requiring two witnesses to deed, 107;

modifying dower rights, 116;

giving insurer right to cancel fire insurance policy, 127;

providing for total loss, 131;

exempting innkeepers from loss by fire, 148;

changing responsibility of innkeeper, 149;

in New York relative to termination of leases, 154

Statutes of Limitation, claim barred by, and bankruptcy, 35;

application of, to directors, 90;

operation of, to cancel debt, 213;

various provisions, 243, 244, 245

Stock, 75;

who can subscribe to, 75;

fictitious subscriptions, 75;

certificates, 76, 86;

capital increased, 76;

preferred, 76;

subscription to, a contract, 77;

corporation cannot purchase own, 78;

corporation has no lien on its, 78;

national banking law, 78;

assessments on, 79;

majority shall rule may be modified, 80;

purchaser of, should give notice to company, 82;

sale of, 83;

trustee legal owner, 84;

executor can vote, of testator, 84, 85;

administer can vote, 85;

owned by partnership represented by partner, 85;

seller and purchaser, 85;

pledgor and pledgee, 85, 86;

transferee, 85;

dividends, 94;

owners of, can examine books, 101;

equity compels delivery of stock, 119, 120;

owner of, in corporation has insurable interest in goods, 126;

speculative sales of, 235;

form for power of attorney to transfer, 300;

certificate, form for, 301;

form for agreement to sell, 302;

form for transfer of, 303.

См. Корпорация

Stolen property, resale of, 261

Strike, excuses telegraph company for delay, 246

Sub-agent, 10, 15

Sublease, 157

Subscription to build a church, form for, 299

Subtenant, 157

Taxes, of beneficial associations, 41;

on homestead, 137

Telegraph, 246, 248;

not a common carrier, 246;

must serve all who apply and offer to pay, 246;

cannot discriminate against another telegraph company, 246;

strike sufficient excuse for delay, 246;

can be penalized for delay in interstate business, 246;

prohibited by statute from limiting their own liability, 246;

may be prohibited from transmitting racetrack news, 247;

must transmit all messages except those containing indecent language, 247;

may close at reasonable hours, 247;

may require sender to designate route of message, 247;

messages should not be made public, 247;

rules for within the state business differ from the rules for interstate business, 247;

repeated and unrepeated messages, 248

Telephone, 246-248;

company cannot favor any telegraph company, 246;

cannot legally charge a telegraph company more than any other patron, 246;

cannot discriminate against another telephone company, 246

Tenant, favored by law in regard to fixtures, 132.

См. Договор аренды (Лейс)

Term of lease, defined, 153

Terms, explanation of, 1

Testator, must possess sound mind, 262, 263, 264;

requirements of, 264

Title to bed of lakes, 112;

to real estate, 112, 113;

warranty of seller's when in possession of the goods, 261

Tort, action in, 166

Torts (or wrongs), 248-260;

definition, and examples, 248;

false imprisonment, 249;

malicious prosecution, 249;

assault and battery, 250;

defamation of reputation and character, slander, 250, 251;

must be brought to the knowledge of a third person, 251;

libel, vituperation, and abuse, 251;

distinctions between libel and slander, 252;

a corporation may be slandered, 253;

defenses in actions for slander or libel, 253;

apologies or retractions, 255;

private nuisances, 255;

motives not material, 255;

acts of discomfort amounting to nuisances, 256;

temporary annoyances, 256;

distinction between acts that annoy, and acts that injure, 257;

liability of land owner, 257;

trespassing cattle, 257;

vicious animals, 258;

starter of a fire, 258;

keeper of explosives, 258;

liability of a manufacturer, 258;

users of other persons' property, 259;

liability for acts of children, 260

Trades-unions, 38

Transfer of shares of stock, form for, 303

Tree, divisional, law relating to, 113

Trenchard, Justice, quoted, 112, 113

Trespass, action of, 165

Trespasser, 152

Trustee, appointment of, in bankruptcy, 36;

must give bond, 37;

removal of, 37;

death of, 37;

represents bankrupt debtor, 37;

duties, 37;

may make lease, 156;

powers of, 265

Undivided share of goods, and Sales Act, 229

United States, common carrier for mails, 52;

liability of, for conduct of a private mail driver, 52;

citizen of, defined, 62;

act conferring citizenship on alien women, 62;

naturalization laws, 62, 63

Usage, affects agent's power, 8;

sales of auctioneer, 18;

may take into account in insurance policy, 128;

in presenting check for payment, 192;

creates implied warranty, 233;

delivery of goods affected by, 234

Vendor, when can sell goods, 7;

may have lien for purchase money, 180;

notice of lien, 181

Vessels, must be registered, 235;

can be registered only by citizens of United States, 235;

sale to a foreigner, 236;

enrollment of, 236;

license of, 236;

title to, how acquired, 236;

when owned by corporations, 236;

owners or tenants in common of, 236:

limitations of authority of owners in common of, 236;

majority and minority of owners in common of, 237;

liability of purchaser of, 238;

mortgaging of, 238;

rights of mortgagor of, 238;

borrowing money on, 239;

appointment of masters of, 239;

duties, and successors of, 240;

authority of, 240;

seamen, laws pertaining to, 241, 242

Vituperation and abuse, a wrong, 251

Voluntary service, recovery for, 219

Voting, cumulating, described, 87, 88

Ward, death of, terminates lease, 155;

form for release from guardian, 314

Warranty, deed of, 104, 105;

and Sales Act, 231, 232, 233, 260;

distinction between and representation, 260;

statement made simply to awaken a buyer's interest not a, 260;

implied in all cases where vendor is an expert, 261;

in sale of food, 261;

of the seller's title, when in possession of the goods, 261;

when goods are sold by sample, 261;

form for deed of, 282, 283.

См. Обман, Продажа

Water, use of stream of, 216.

См. Приобретательная давность

Widow, rights of, 136. See Dower

Wife, rights of in will, 266;

права в браке.

См. Муж и жена

Will, mortgagor dies without leaving, 182;

definition, 262;

requirements for testator, 262;

witnesses of, 262;

real and personal property in, definitions of, 263;

should be in writing, 263;

devisee and legatee in, 263;

must be in accordance with laws of states, 263;

grounds on which are attacked, 263;

made by the insane, 264;

requirements of, 264;

when several are made, 264;

authority of trustee of, 265;

devise of lands in, 265;

date on which take effect, 265;

rights of wife in, 266;

revocation of, 266;

forms for, 315, 316, 317

Williston, quoted, on stock sales, 235

Witnesses of wills, number required, 262

Woman married, limited power of, 7;

as mortgagee, 53;

and contracts, 65;

as subscriber to stock, 75;

husband of, entitled to curtesy, 101, 102;

execution of deed by, 109, 110;

and dower, 113;

lease made by, 155;

and Statute of Limitations, 244;

may be devisee or legatee, 264.

См. Муж и жена

Work and labor, form for agreement for, 280

Workmen's Compensation Acts, injury to chauffeurs, 57, 266;

who is compensated under, 267;

who is not, 267;

contract of service necessary, 267;

condition of health of no consequence, 268;

minors, apprentices, and farm laborers, 268;

domestic servants, 269;

casual employees, 270;

independent contractors, 271;

Federal employees, 271;

public officers, 272;

dependents of workers, 272;

children of workmen, 273;

earnings the basis for computation of compensation, 274;

death of workman, 274;

total and partial incapacity, 275;

form for claim of lien by, 279

Wrongs. See Torts, 248-260

Исправленные в тексте опечатки:

Page 2: adplicable replaced with applicable

Page 16: posession replaced with possession

Page 32: fradulent replaced with fraudulent

Page 95: fnud replaced with fund

Page 126: Morever replaced with Moreover

Page 133: morgagee replaced with mortgagee

Page 139: solemized replaced with solemnized

Page 153: acquiesence replaced with acquiescence

Page 171: perpared replaced with prepared

Page 272: volutary replaced with voluntary

Page 324: mortage replaced with mortgage

Page 326: Defences replaced with Defenses