Lapas attēli
PDF
ePub

any strip or waste thereof, or fail to fulfill any of the obligations hereinafter recited. That is to say, the said lessee hereby covenants and agrees that he will cultivate the said farm during all his possession of the same, in such manner as good husbandry requires, and in especial, that he will (here insert carefully and fully all the agreements which the parties have made respecting the cultivation of the farm or to which the lessor intends to bind the lessee, and to which the lessee is willing to be bound). And the said lessor on his part covenants that he will, at the request of the said lessee, renew the lease for the period of years, to begin at the expiration of his lease. In Witness Whereof, The said parties have hereunto interchangeably set their hands and seals the day and year first above written.

Signed, Sealed, and Delivered in Presence of

(Signature.) (Seal.) (Signature.) (Seal.

7. HIRING ON SHARES.-It is a common practice in many parts of this country, for the owner of a farm to let it "on shares." In some countries the great body of the land is let in this way; the proprietor finding for the use of the occupier, such cattle, seeds, implements or tools as may be agreed upon, and the tenant or occupier of the land paying to the proprietor the agreed proportion of the produce. This proportion varies in those countries with varying circumstances, from one-tenth to one-half; being generally from one-third to one-half. If parties in this country make a bargain of this sort, and wish to reduce it to writing, the foregoing form of a lease will answer their purpose, provided they write, in the place of the agreement about rent in that form, what each of the parties agrees to do by their bargain; the one as to what the lessor shall provide for the use of the hirer, and the other as to what share or propor tion of the produce the lessee shall pay or deliver to the lessor or owner, and how it shall be delivered.

Other rules as to the rights and obligations of farmers as owners or hirers of a farm, or lessors and lessees, or landlord or tenants, will be found in our chapter XXXI on leases. Among them are the rules relating to repairs, and the obligation of either party to make them, rebuilding in case of fires, assignment of lease, or underletting of the whole or a part of the farm, the rights of out-going tenants to crops which he sowed and which mature after he leaves the farm, tenancy at will, and notice to quit; and other like points. For the law on these subjects we refer to that chapter.

INDEX.

FOR INDEX OF FORMS, See page 860.

A.

ABANDONMENT, in the law of marine insur-
ance, meaning of, 396.

not obligatory on insured, 397.
necessity of, 397.

of the right of, 397.

of the exercise of the right of, 399-

how made, and by whom, 399.

rst be distinct, 399.

ACKNOWLEDGMENT, necessary before record
ing deeds, 443-

ACTIONS, abstract of the laws of all the States
respecting the commencement of, 705.

ADJUSTMENT, of average, 341.

by whom made, 342.

when binding, 341.

difference between marine and fire policy
in, 425.

i deficient in form, objections, how waived, ADMINISTRATORS, and executors, law of, pow.

ers and duties of, 790.

400.
when insured must elect whether or not to AFFIRMATION, of consignee or agent, 364.
AGENCY, in general, 207, 208.

abandon, 400.

acceptance of by insurer, 400.
of the effect of, 401.

masters and owners become trustees for

the insurers in respect to the property
abandoned, 401.

loss after must be made up by owner, 402.
ACCEPTANCE of offer, when necessary to make

a contract, 67.

of bills of exchange, 195.

how may be made, canceled, etc., 195.
can be done only by the drawee, his agent,
or some one who accepts for his honor,
196.

no holder is obliged to receive an accept-
ance for honor, 197.

holder may accept or refuse a qualified,
196.

presentment for, 180.

or payment, for honor, 196, 197.

of abandonment in insurance, 400.

of insurer, not necessary to give full effect
to an abandonment, 400.

ACCEPTOR, of bill of exchange, 163.

of bill, bound to pay the same at maturity,
179.

rights and duties of, 195.
ACCOMMODATION PAPER, incidents of, 174.
(834)

may be established by subsequent ratifi-
cation, 210.

general rules of, 210-214.

rights of action growing out of, 215, 216
AGENT, acting under del credere commission,

220.

must obey all instructions, 221.

commercial jurisdiction over seamen, 352
extent and duration of authority of, 212-
214.

general and particular, 208

binds the principal by his acts, 207.
liability of, 212.

may receive his authority, how, 209-212
acts of, may be ratified by principal after
wards, 210.

may insure against fire, 415.
when master of ship is, 346.

in general, is entitled to indemnity from
principal, 218

cannot appoint a sub-agen unless author-
ized, 218.

is bound to use all reasonable care and
skill, 218.

is responsible for any breach of duty, 218
employed to sell property, cannot buy i
himself, 219.

AGENTS must keep exact account of all do- ALABAMA, number of witnesses and acknowl-

ings, 219.

when he may throw up the agency at

pleasure, 220.

authority of, is revoked by insanity, 220.
AGREEMENT AND Assent (chap. vi), 67.
the legal meaning of, and requirement of,
67.

when parties understand each other dif.

ferently, what their rights, 68.

in construing, the intention of the parties
always a guide, 68.

mistakes of fact in, may be corrected by
the courts; mistakes of law cannot be,
68.

what a legal assent is, 69.

offers made on time, 70.

a bargain made by correspondence, 71.
what evidence may be received in refer-
ence to a written contract, 72.
of custom, or usage, 74.

to do work, when broken by promisor,
without good cause, he cannot recover,

102.

rules for determining, when original agree-
ment has been somewhat departed from,
103.

when may be and when it should be made
without seal, 104.

edgment required to deeds of land ex-
ecuted in, 538.

abstract of laws relating to collection and
recovery of debts in, 705.

chattel mortgages regulated, 653.
number of witnesses to wills, 784.
mechanics' liens, abstract of law of, 761.
ALASKA, mechanics' liens, 761.

number of witnesses to wills, 784.

ALIENATION, in the law of insurance, what is
considered such as to terminate the.in.
sured's interest, 423.

consent of insurer should be obtained to,
423.

of policy, 424.

ALLOWANCE, in the law of insurance, of new
for old, 403.

ALTERATIONS, of policy of insurance, 371.
effect of, on insured property, 412.
prudent to obtain insurer's assent to, 413.
APPRENTICES (chap. iv), 34.

obligations of the master, 35.
obligations of the apprentice, 35.
what misconduct of, authorizes a dis
charge of him by his master, 35.

seducing an apprentice away from his
master, liability for, 35.

APPLICATION, for insurance, how made, 409.

when under seal, and so formed that it ARIZONA, law as to rights of married women

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

ARKANSAS, abstract of laws relating to col-

lection and recovery of debts in, 706.
chattel mortgages regulated by statute
in, 654.

number of witnesses to wills necessary
in, 785.

mechanics' liens, abstract of law of,
761.

ARBITRATORS, submission to, when it may
be set aside by either party, before
award made, 254.

ARBITRATION, is favored by law, 250.
ARTICLES of shipping, 350.

ARREST, of vessel, how affecting insurers,
390.

abstract of the laws of all the States

[blocks in formation]

B.

BAILEE, may insure against fire, 416.
BAILMENT, 865.

BANKS, receive more than legal interest,

305.

BANK BILLS, are promissory notes of a
bank, payable to bearer, 172.

a good tender, unless objected to at
the time, 172.

BANK CHECK, is a bill of exchange, 172.
requires no acceptance, 173.

if drawn when drawer has no funds in
the bank, it is a fraud, 173.
usually payable to bearer, 173.
is not payment till cashed, 173.
countermanded by death of drawer,
174.

if a bank pay a forged, it is its own
loss, 174.

BAGGAGE, carrier liable for reasonable
amount of, 271, 272.

what has been held as, 271, 272.
BARGAIN, naked, is when no consideration
is given, 97.

for real property, void when oral, 450.
BARRATRY, how defined, 390.

how provided against in the policy,
390.

BILL OF LADING, essentials of, 328-330.
signed by master of ship, 329.

/ evidence against shipowners, 329.
how given in case of charter par
ties, 335.

BILL, legal meaning of, 149.

of exchange, foreign and inland, 175.
maker or acceptor of, how bound to
pay the same, 179.

what is meant by foreign, 186.

loss of, no excuse for not protesting
it, 186.

notarial seal, evidence of dishonor of
foreign, 186.

paid at maturity ceases to be nego-
tiable, 195.

[ocr errors]

portion of, cannot be transferred, 195.
may be transferred by endorsement of
executor, after death of the holder,

195.

of sale of vessel, 355.

of exchange, is what, 162.

difference between parties to promis

sory note and parties to, 166.

BLOCKADE, what it is, and law of, 391.
when it may be run, 391.

BOARDERS and guests at hotels, distinction
between, 277.

BOND, essentials of, 104.

condition of, 105.

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

CALIFORNIA, law as to rights of married
women in, 40.

days of grace allowed, and legal holidays
in, 201.

statute of limitations in, 285.
usury laws of, 308.

number of witnesses and acknowledg-
ment required to deeds of land executed
in, 538.

abstract of laws relating to collection and

recovery of debts in, 707.

chattel mortgages regulated by statute in,
654.

number of witnesses to wills necessary
in, 785.

mechanics' liens, abstract of law of, 762.

CANADA, laws of, 58, 692, 700.

usury laws of, 308.

CAPTURE, how affecting insurers, 391.

CARRIER, common, obligation of, 261-266.
common, cannot refuse goods without

good cause, 261.

common, is bound to receive goods in a

suitable way, and at suitable times and
places, 262.

common, is bound to comply with direc
tions, 262.

common, obligation as to passengers, 262,

263.

common, obligation as to delivery of
goods, 264, 265.

common, immediate notice must be given
when not delivered to owner or agent,
264.

common, lien of, on goods, 266.
common, liability of, 266–268.
common, liable for loss happening under
his charge, except for act of God or
public enemy, 267.

common, liable for loss by fire, 267.
common, general principles of agency
apply to, 268.

common, may be liable beyond his own

route, 268.

of passengers, is under more limited lia
bility, than carrier of goods, 268.
common, has a right to modify his liabil
ity by bargain, 269.

common, notice by, if reasonable and just,
is binding, 269.

liability of, for goods carried by passen-

gers, 271-273.

liable for necessary amount of baggage,
271, 272.

may insure against fire, 416.

CHARTER, power of master to, 346.

CARGO, a part of the, when legal, may be CHARTERER, of ship, rights of, 334, 335.

insured, 376.

when sold, or pledged by master, 347.
CARRIER, is liable only for goods delivered to

him, 272.

is liable only for injuries done by himself
or servants to third persons, 273.

private, liability of, 257, 258.

when gratuitous bailee, 258.

private, liable for gross negligence, 258.
common, who is a, 259.

CHARTER PARTY, 359.

defined, 334.

no particular form for, 335.

how suspended or annulled, 338.
contract of, may be dissolved, how, 338.
CHATTEL MORTGAGES, abstract of the laws
of all the States respecting, 653.

CHOSES IN POSSESSION, a law term, explained,
38.

CHOSES IN ACTION, a law term, explained, 38.

common, rights and responsibilities of, CLAIM, for contribution, 338.

259.

of insured, founded on interest, 374.

common, distinction between private and, CODICILS, meaning of, law of, and rules con-
259.
common, who are chargeable as, 259, 260, COLLISION, who liable for, 348.

cerning, 779.

« iepriekšējāTurpināt »