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COLLISION, rules in regard to, 349.

a peril of the sea, 389.

ColoRADO, law of as to rights of married
women, 41.

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

statute of limitations in, 286.

asury laws of, 309.

Aumber of witnesses and acknowledgment
required to deeds of land executed in,
539.

Abstract of laws relating to collection and

recovery of debts in, 708.

chattel mortgages, regulated by statute in,
654.

number of witnesses to wills necessary in,
785.

mechanics' liens, abstract of law of, 762.
COMMON CARRIER. See CARRIER.
COMMON LAW, as distinguished from stat-
utes, 27.

COMMERCE, power to regulate, in Congress,
318.

COMMERCIAL AGENTS, jurisdiction of, over

seamen, 352.

COMPOUND INTEREST. See INTEREST.
COMPANIES, for effecting fire insurance, 405.

mucual, compared with joint stock, 405.
usage of each other, may be appealed to

in what cases, 407.

all insured, become members in mutual
fire insurance, 405.
COMPLIANCE, with terms offered, when it
niakes a contract, 69.

CONCEALMENT and misrepresentation, 383.
converse of representation, 419.
effect of, 419.

when would operate as fraud, and avoid

the policy, 420.

in case of life insurance, 435-439-

CONDITION, of a bond, 105.

CONNECTICUT, abstract of laws relating to
collection and recovery of debts in, 710.
chattel mortgages regulated by statute,
in, 654.

number of witnesses to wills necessary in,
785.

mechanics' liens, abstract of law of, 762.
CONSIDERATION, required to support a prom-
ise, 97.

exceptions to the rule requiring considera.
tion for a promise, 97.
sufficiency of, 98.

what is a sufficient, 98-100.
cannot be anything by which the public
interests are harmed, 99.

one promise is sufficient, for another, 99.
failure of, 102.

when failure is partial only, may be
foundation for promise, 102.

merely moral, is not in law a sufficiently
legal, 100.
illegal, 101.
impossible, 101.

implied by seal, 106.

need not be alleged in a bond, 106.
need not be expressed in agreement, 146
what it may be, valuable, legal, or moral,
178.

none sufficient when illegal, 178.

may be illegal, in how many ways, 178.
for the insurance, 370.

CONSIGNEE, may assign bill of lading, 329.
cannot abandon goods for freight so long
as they remain "in specie," 333-
oath or affirmation, 365.
may insure against fire, 415.
may cover in one policy, in his own name,
goods of various consignors, 415.
not bound to insure, but may in his dis-
cretion, 415.

CONSTRUCTION, of statute of limitations, 279.
CONSULS, jurisdiction of, over seamen, 352.

on which application for insurance is CONTRACT, for building, should always be

based 409.

effect of, in deed, 449.

CONFESSION, of judgment, 197.

CONNECTICUT, law as to rights of married

women in, 42.

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

statute of limitations in, 286.
usury laws of, 309.

number of witnesses and acknowledgment
required to deeds of land executed in,
539.

accompanied by specifications, 92.
void for illegality or fraud, 126.
when "wager," 127.

is vitiated and avoided by fraud, 127.
in general, the law of place governs every,

175.

law of the court determines all questions
as to remedy on a, 176.

for usury, wholly void, 302.
foreign, for usury, valid everywhere but in
the States where suit is brought, may
be enforced there, 304.

CONTRACT, law of place of, governs construc-

tion of, 314.

valid where made, valid elsewhere, 313.
is made when, 314.

is made where, 314.

as influenced by law of place, 314, 315.
of bottomry, 325-327.

of affreightment, is entire, 330.

of charter party, how dissolved, 338.
of insurance, 370.

of insurance, when complete, 407.

of insurance must be strictly regarded,
407.

general principles of construction of, 796.
some general rules of construction of, 797.
CONTRIBUTION, claim for, during embargo or
capture, 338.
how made, 338.

for ship's repairs, 339.

CONVEYANCES, of ships, recorded, 318.

by one insured, when treated as a mort-

gage, 424.

COVENANTS, of special or general warranty,
should be stated in agreement for sale
of lands, 85.

of warranty, in deed, 447, 448.

COPYRIGHTS, law of, 696.

what may be the subject of, 696.
how copyrights may be obtained, 697.
period of time for which they secure the
right, 699.

punishment for infringement of copyright,
696*

agreement respecting copyrights and pub-

lishing, 700.

COVERTURE, a law-term, means marriage.
CREDITORS, partnership, cannot attach pri-

vate property till private creditors are
satisfied, 241.

levy of private, on partnership property,
confers only what the partner has, 241.
have an insurable interest in the life of

their debtor, 434.

CUSTOM, of merchants, its force and effect, 28.
not valid if illegal, 29.

has no force when contract made express-
ly to the contrary, 76.

or usage, made use of in construing the
meaning and effect of a contract, and
of the words used, 74, 75.

never considered, if parties expressly
agree to disregard it, 76.
effects of, on contracts, 802.

D.

DAKOTA, NORTH AND SOUTH, law as to
rights of married women in, N. D., 53;
S. D., 55.

days of grace allowed, and legal holidays,
in, N. D., 205; S. D., 206.

statute of limitations in, N. D., 294; S.
D., 296.

usury laws of, N. D., 310; S. D., 311.
number of witnesses and acknowledg-
ment, required to deeds of land exe
cuted in, N. D., 541; S. D., 541.
abstract of laws relating to collection and
recovery of debts in, N. D., 738; S. D.,
745.

chattel mortgages regulated by statute in,
N. D., 660; S. D., 661.

number of witnesses to wills necessary in,

N. D., 788; S. D., 789.

mechanics' liens, abstract of law of, N. D.,
770; S. D., 772.

DAMAGES, when liquidated, when unliqui-
dated, 134, 301.

DAYS OF GRACE and holidays in all th
States, abstract of, 201.

DEBT, barred under statute of limitations, 279.
DEBTOR may insure his life in favor of

creditor, 434.

DEBTS, recovery and collection of, 703.
DEED, meaning of legal and common, 440.
should be signed, and in what manner,

440.

seal of, is what, 441.

should be delivered, 441.

may be delivered by what persons, 442.
execution of, should be attested by wit

nesses, 442.

acknowledgment of, incidents of, 443.
must be registered in the proper record-
ing office, 444.

effect of non-recording, 445.
should be dated, 445.

customary to name consideration in, 445.
receipt of consideration in does not bind
seller, 446.

description of land in, should be minute
and accurate, 446.

when conferring life-interest, merely, 446.
when conferring fee-simple, 447.
terminated by clause of execution, 447.
of warranty, or of quitclaim, 447-
of quitclaim, with warranty, 448.
hardly safe to have condition in, 449.
as to husband and wife joining in, 449.
variety of, 450.
deed-poll explained, 457
of indenture, 451.

DEED of mortgage, 542.

abstract of the laws of all the States relat-

ing to, 538.

DELAWARE, law as to rights of married
women in, 43.

days of grace allowed, and legal holidays
in, 202.

statute of limitations in, 286.
usury laws of, 309.

number of witnesses and acknowledgment
required to deeds of land executed in,
539.

abstract of laws relating to collection and

recovery of debts in, 711.

chattel mortgages regulated by statute in,
655.

DISTRICT OF COLUMBIA, abstract of laws
relating to collection and recovery of
debts in, 711.

chattel mortgages, regulated by statute in,
655.

number of witnesses to wills necessary in
785.

mechanics' liens, abstract of law of, 762.
DOMICIL, of person how determined, 315, 318.
a person can have but one, 316.

first is retained till second is acquired, 317.
may be changed, how, 316.

woman marrying acquires usband's,
318.

of the father determines that of child,
318.

number of witnesses to wills necessary in, DRAWER, to bill of exchange, 163.
785.

mechanics' liens, abstract of law of, 762.
DELIVERY, what is sufficient to constitute,

121, 122, 124.

as bearing on the validity of the trans-
action, 123.

of policy, not essential, 407.

necessary to assignment of life-policy, 435.
essential to validity of deed, 441.

of deed, may be made by whom, 442.
1)EMAND OF PAYMENT, is sufficient, if made
at residence or place of business of
payee, 183.

and refusal, what constitutes, 183.
bankruptcy or insolvency no excuse for
non demand, 183.

should be made at the proper place, 185.
for payments should be made at the place
designated in the instrument, 185.
DEMURRAGE, law respecting, 338.
DESCRIPTION, of property insured, 386.
in the policy of insurance, 407.

of insured property, held to amount to
what, 410.

DESERTION, of seamen, how punished, 353.
DEVIATION, how defined, 392.

how affects insurers, 392.

DISTRICT OF COLUMBIA, law of as to rights

of married women, 43.

E.

EQUITY OF REDEMPTION, of mortgagor,

543-

EVIDENCE, of death, what must be, 433.

may disprove receipt in deed, 446.
cannot be received to contradict or change
the effect of a written contract, but may
be received to explain it, 72.
admissibility of extrinsic, to affect con-
tracts, 805.

EXCEPTION, to common law rule, in case of
negotiable paper, 176.

statutory, under statute of limitations, 282.
EXECUTOR, may indorse bill or note after
death of holder, 195.

EXECUTORS, law of, powers and duties of, 790.
EXECUTION, of authority, 214.

of fire policy, 407.

EXEMPTION, of property, from attachment or
execution, 704.

EXEMPTIONS, abstract of statutory provisions
respecting in all the States, 705.
EXPLANATION, of a written contract, by evi-
dence, law as to, 72, 73.

F.

days of grace allowed, and legal holidays FACTOR, may pledge goods for advances to

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FACTOR, distinction between foreign and do- FIRE INSURANCE, to what applied, 405.

mestic, 222, 223.

cannot claim his commissions till his

whole duty be performed, 222.

by whom effected, 405.

different kinds of companies for, 405.
method of, 409.

FARMER, legal rights and obligations of, 809. FORECLOSURE OF MORTGAGE, explained,

title by possession, 809.

title by inheritance, 810.

title by purchase, 810.

sale of land at auction, 811.

when land is sold at auction in several lots,
811.

auctioneers' liabilities for sale of, 812.
what one takes by the deed of a farm, 812.
boundaries and descriptions, 812.
contents of the farm, 813.
fixtures, 814.

things unremovable by outgoing tenant,
814.

things removable by outgoing tenant, 815.
rocks, stones, and soil, rights as to, 815.
adjoining roads, rights as to, 816.
trees, and neighbors' trees, rights as to,
816.

trespassing on the farm, what is, 817.

rights of the farmer as to the trespasser,
817.

farm-ways, 818.

water, rights to, 819.

fire, right to make and liability for, 819.
game animals, rights to, 821.

domestic animals, rights and liabilities as
to, 822.

animals, sale of with warranty, 823.
seeds, sale of with warranty, 824.
fertilizers, sale of with warranty, 825.
fruit trees, sale of with warranty, 825.
help, hiring of, 825.

help, rights and duties of, 826.

help, liability of farmer for wrong-doing,
827.

hiring of a farm, renewal of lease, 828.
hiring of a farm, remedy for non-payment
of rent, 829.

hiring of a farm, tenant's right to give up
the lease, 830.

hiring of a farm, apportionment of rent,
831.

hiring of a farm, cultivation of the farm,
831.

hiring of a farm, on shares, 833.
FEME COVERT, means a married woman.
FAME SOLE, means a single woman.

544-

FOREIGN AND INLAND BILLS, 175.

FLORIDA, law as to rights of married women
in, 43-

days of grace allowed, and legal holidays
in, 202.

statute of limitations in, 287.

usury laws of, 309.

number of witnesses and acknowledg
ment required to deeds of land executed
in, 539.

abstract of laws relating to collection and
recovery of debts in, 712.

chattel mortgages, regulated by statute
in, 655.

number of witnesses to wills necessary in,
785.

mechanics' liens, abstract of law of, 763.
FRAUD, annuls all obligations and all contracts

tainted by it, 69.

mere silence is seller, in general, is not,
128.

vitiates and avoids all sales, 128.

may be waived, when, 128.

is waived, when action is brought to
enforce the contract, 128.

statute of, purposes and provisions, 142–

147.

FREIGHT, is not earned unless the goods are
carried to place of destination, 330.
rule for, "pro rata itineris," 331.
cannot be earned by illegal voyage, 333.
paid in advance, not afterwards earned,
must be repaid, 333.

party receiving goods becomes liable for,
332.

lender on bottomry bond has no right to,
333.

mortgagee not in possession has no right
to, 333.

is payable when goods are delivered, in
specie, though damaged, 333.
word used how, 327.

law of, 328.
meaning of, 377.

interest in, 377.

subject of insurance, 377.

G.

GARNISHEE PROCESS. See RECOVERY OF
DEBTS, 703.

GARNISHMENT, abstract of the laws of all
the States, respecting, 705.

GENERAL AVERAGE, 338.

sacrifice must be voluntary, necessary,
and effectual, 339.

law of, rests on, 339.

goods not contributed for when, 340.
held for contribution, 341.

when jettisoned, owner entitled to
contribution, 340.

value of insured, 374.

rules relative to total loss of, etc.,

402.

GENERAL AGENCY. See AGENCY, 207.
GENERAL AGENT, master of ship is, 346.
GEORGIA, law as to rights of married
women in, 44.

days of grace allowed, and legal holi-
days in, 202.

statute limitations in, 287.
usury laws of, 309.

number of witnesses and acknowledg

ment required to deeds of land exe-
cuted in, 539.

abstract of laws relating to collection
and recovery of debts in, 713.
chattel mortgages regulated by statute
in, 655.

number of witnesses to will necessary
in, 785.

mechanics' liens, abstract of law of,
763.

GUARANTOR, who is, 136.

who pays principal's debt, may demand
from the creditor the securities he
holds, 137.

not bound, unless he has knowledge of
the acceptance of his guaranty, 138.
discharged, if principal's liability is
changed wthout guarantor's con-
sent, 138.

discharged, if the liability is extended
by law, 138, 139.

not always discharged by creditors
giving debtor some accommodation
or indulgence, 139.

should have reasonable notice of prin-
cipal's failure, 140.

of a note or bill, is not entitled to as
strict notice as indorser is, 190.

GUARANTY, incidents of, 136-139.

not generally negotiable, 136.
GUARANTY may be enforced, when original
debt cannot be, 137.

contract of, construed strictly, 137.
unless by sealed instrument, must be
supported by a consideration, 137.
not binding unless accepted, 138.
specific, is not revocable, 139.

if by an official, he is not bound per-
sonally, 140.

margin, what is, 141.

oral prevented by law, 143.

effect of changing membership in a
firm on, 139.

GUARDIANS, law of, powers and duties of,
794.

H.

HAWAII, Laws of, 879.

HOLDER, what he may do with a bill or
note, 179.

of negotiable paper, rights and duties
of, 179.

of bill, it is prudent for him to present
the bill for acceptance without delay,
181.

ill-health on part of, may excuse delay

in presentment, 181.

may refuse a qualified acceptance, 196.
may cancel the acceptance, 196.

is not obliged to receive acceptance for
honor, 197.

HOLIDAYS, in all the States, abstract of,

201.

HOMESTEAD, law of, 704.

HOTEL-KEEPERS, rights and duties of, 276-
278.

have a lien on goods of guests for
board, 276.

must receive every guest, 277.
liability of for loss of guests' prop-
erty, 277.

HUSBAND, bound to support his wife while
she lives with him, or if he sends
her away without good cause, 59.

a man is bound to support as his wife
one whom he lives with, and repre-
sents as his wife, 59.

may indorse a note or bill given to
the wife before marriage, 195.

I.

IDAHO, law as to rights of married women
in, 44.

days of grace allowed, and legal holi-

days in, 202.

statute of limitations in, 287.
number of witnesses and acknowledg-
ment required to deeds of land exe-
cuted in, 539.

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