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of fire insurance, how constructed as
to description, 408.

intention must be expressed in, 408.
words stock in trade" include what
in, 408.

memorandum on back of, 409.
mistake in, 409.

when some parts written, some printed,
409.

containing scale of premiums, 410.
when void, for false statement of
applicant, 410.

how affected by greater hazard for a
time, 411.

when made by consignee will be con-
strued to cover his interest only,
when no interest is expressed, 415.
by commission merchant, in his own
name, when it may cover goods of
various consignors, 415.

provisions against double insurance,
416.

when separate statements are part of,
417.

indorsement made upon, may take
effect as part of, though made before
executed, 418.

when statement not construed as part
of, 418.

difference between marine and fire,

419.

when avoided by misrepresentations or
concealments, 419.

always avoided by warranty broken,
419.

parties may make a valued, 422.

is personal contract between the par-
ties, 423.

against fire, contains provision against

assignments, 424.

production of, certificate of loss, is

condition precedent to payment, 424.
difference of adjustment between
marine and fire, 425.

assignment of, should be made on it,

429.

assent of insurers had best be obtained
to assignment of, 429.

time of death in case of life insur-

ance has important effect on pay-
ment of the, 432.

restrictions on the life insured in the,
432.

when avoided by death by suicide, 433.
takes effect from date, 394.
never attaches in case of unreasonable
delay in sailing, 394.

at,"

POLICY, how affected by the words "
"to," and "at and from," 394.
on goods attaches when, 394.
PORT, what is meant by, in policy, 394.
PORTO RICO, laws of, 885.

POWER, to sell, implies power to warrant,
etc., 209.

of ship-master, 346-350.

of attorney, custom-house, 366.
PREMIUM, when due and how paid, 385.
when may be returned, 385.

how paid in case of life insurance, 431.
in case of life insurance when paid,

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PROMISE, barred under statute of limitations,

279.

new, sufficient to take case from statute
of limitations, 280.

new, not implied from mere acknowledg
ment, 280.

implied by part payment, 281.
PROMISE, can never be enforced by one who
knew the performance thereof impossi-
ble, 101.

cannot be enforced when supported only
by a valueless consideration, though it
was at first apparently good, 102.
when severable, what may or may not be
enforced, 102.

for work to be done, when broken without
good cause by promisor, he cannot
recover, 102.

PROMISOR, of promissory note, 166.
PROMISSORY NOTE, differs from bill of ex-
change, 166.

is what, 167.

not negotiable when, 168.

on demand is considered as intended as a

continuing security, 180.

PROPERTY, legal meaning of word, 117.

of partnership is bound to pay partner-
ship debts, 241.

insured, description of, 386.

R.

REAL PROPERTY, may be held by partner
ship, 233-

oral bargain for, of no effect, 450.
REASONABLE TIME, allowed by law for an
acceptance of an offer; what this time
is, 70.

RECEIPTS, definition of, 150.

open to explanation or contradiction, 151.
RECORDING of deeds, essentials of, 444-
in deed, may be shown not for value, 446
RECOVERY OF DEBTS, attachment, trustes
process, garnishee process, homestead,
and exemption from execution, 703.
RECOVERY OF DEBTS, abstract of the laws
of the States respecting, 705.
REGISTRATION of Ships, 318-320.
RELEASE, differs from receipt, 151.

in the nature of a contract, requires con
sideration, 151.

REPAIRS, of ship, 340.

value of old material should be deducted

in case of, 404.

how affecting insurer and insured, 413-
REPRESENTATION, and warranty, 417.
differs from a warranty, 418.

how affecting the policy, 417.
if in writing or in parol, 419.

in case of life insurance, 434-438.

insured must contribute to general aver- RETRACT, when and how one may retract his

ag? when, 402.

claim for contribution acquired by owners
of sacrificed, 403.

under insurance, effect of alterations on,
41.

PROPOSALS, of insurance, 370.
PROTEST, and notice, 186–191.

demand and, must be made according to
law of the place where the bill is pay-
able, 186.

loss of bill no excuse for not protesting,
186.

offer, 71.

REVOCATION is in general within the power
of the principal, 213.

of submission may be made by eithe
party, 254.

of submission, the other party has dam,
ages for, 254.

of submission, notice must be given of, 255.
of submission, bankruptcy does not amount
to, 255.

of an offer, when, how, by whom, 71.
REVOCATION OF WILLS, 780.

should be made on day of demand and RHODE ISLAND, law as to rights of married
refusal, 186.

Notice of, various incidents of, 186-190.
PROVISION by statute in behalf of seamen,

350.

of seamen provided by owner, 351.
PUBLIC PROPERTY, retained for contribution,

341.
PURPOSE and use of this book (chap. i), 23.

women in, 55.

days of grace allowed, and legal holidays
in, 206.

statute of limitations in, 295.
usury laws of, 311.

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

541.

RHODE ISLAND, abstract of laws relating to
collection and recovery of debts in, 743.
chattel mortgages regulated by statute in,
661.

number of witnesses to wills necessary in,
789.

mechanics' liens, abstract of law of, 771.
RIGHTS, of action growing out of agency, 215,
of the firm against third parties, 240.
of creditors in respect to partnership
funds, 241.

of seamen in sickness, 351.

of seamen to be brought home, 352.

and duties, of maker of negotiable paper,
179.

and duties of holder of negotiable paper,
179.

and duties of indorser, 191, 192.

and duties of acceptors, 195.

RISK, common sea, 340.

parties may agree as to, 388.

when terminated, 395, 396.

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SACRIFICE, in average, how justified, 241.
SALE, is to be immediately followed by pay-
ment and delivery, unless otherwise
agreed upon, 117.

is made when the agreement is made, 117.
what constitutes a, 116.

distinction between agreement and, 116.
every actual, is an executed contract,
though payment may remain to be
made, 116.

executory contract for, is not a present,
116.

of goods, in exchange thereof for money,
116.

when bargain does, or does not become a,

117.

is made when the agreement is made, 117.
is not complete so long as something re-
mains to be done to the goods by the
seller, 118-120.

SALE is not necessarily complete on the com
pletion of some time agreed on, or hap-
pening of some event, 121.

can be done, of chattels or goods not in
existence, 121.

is none, but for a price that is certain or
capable of being made so, 121.

when once effected, the buyer has a right
to possession, on payment, 121.
when avoided by mistake, or defect in
subject-matter, 124.

when many things bought at one, right of
buyer as to refusing a part without all,
125.

buyer may have right of re-delivery by
terms of bargain, 126.

with warranty, 128.

of one's business, when good, when void,
133.

of notes, when amounting to usury, 306.
of ships, how regulated, 321.

when made by master under necessity,
proceeds must be accounted for by in-
sured, 399-

SALVAGE, what constitutes, 342, 343.
how enforced, 343.

proceedings for, 343.

what proportion of value for, 344, 345.
how distributed among salvors, 345.
SALVORS, who are, 343.

passenger may be, 344.

SEAL, of deed, is what, 441.

notarial, evidence of dishonor of foreign
bill, 186.

SEAMEN, rights of, in sickness, 351.
discharge of, without consent, 352.

if discharged without their consent, have
a right to be brought home, 352.
desertion of, how punished, 353-
punishment of, 353.

SEAWORTHINESS, warranty of, 381, 382.
standard for, 382.

SELLER, has a lien on goods for payment,
118.

may resell goods on notice given the buyer,
if the buyer does not pay in a reasonable
time, 118.

cannot sell and give good title, if he has
only right of possession, 119.
liability of, as to keeping goods, 122.
obligation of, as to delivery, 122, 123.
may annul a sale he was induced to make
by frand, 126

SELLER not necessarily bound by receipt in | STATUTES, as distinguished from common

deed, 446.

SHERIFF, as to levy and sale by, of partner-

ship interests, 232.

Sups, are personal property, 318.

registration of, 318, 320.

law, 27.

provisions respecting seamen, 350.

of frauds, purpose, and provisions, 142–

147.

STAY LAWS, abstract of in all the States, 705.

transfer of, should be followed by posses- STOPPAGE IN TRANSITU, 134.

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employment of, by owner, 327-334.
SHIPPER, cannot abandon goods for freight so
long as they are in specie, 333.
JHIPPING, articles of, 350.

SHIP-OWNER, may let his ship to others, 334.
must pay for goods lost by his fault, or
the fault of his ship, 334.

WHIP'S-HUSBAND, is commonly part-owner,

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324.
powers of, 324.

exists only in actual insolvency, 134.

must be effected by seller, 135.

hindered by possession of buyer, actual or
constructive, 135.

barred. by bona fide sale by buyer, 135.
a seller exercising right of, does not re
scind the sale, but holds the goods as
property of the buyer, 136.
SUBMISSION, to arbitrators, may be revoked
by either party before award made,
254.

other party has damages for revocation
of, 254.

SUBSCRIPTION PAPERS, law as to them, 100
SURVEY OF VESSELS, when ordered, 351.

T.

TENANCY by the curtesy, a law-term, ex-
plained, 37.

SIGNATURE, to agreement, when it may be in TENDER, what constitutes a good, 147-

any part of the paper, 146.

to negotiable paper, how it may be writ-
ten, 169.

SINGLE WOMEN, how their property may be

put safely under trust, and secured to
them, in view of their marriage, 60.

SOUTH CAROLINA, law as to rights of mar-
ried women in, 55.

days of grace allowed and legal holidays
in, 206.

statute of limitations in, 295.

usury laws of, 311.

number of witnesses and acknowledgment

required to deeds of land executed in,
541.

abstract of laws relating to collection and
recovery of debts in, 744.

chattel mortgages regulated by statute in,
661.

number of witnesses to wills necessary in,

789.

mechanics' liens, abstract of law of, 771.
SPECIFICATIONS, should accompany building
contracts. 92.

STATUTE OF LIMITATIONS. See LIMITA-

TIONS.

lawful, and payment in court, is a good
defence to action for debt, 148.
TENNESSEE, law as to rights of married
women in, 55.

days of grace allowed and legal holidays
in, 206.

statute of limitations in, 296.
usury laws of, 311.

number of witnesses and acknowledgment
required to deeds of land executed in,
541.

abstract of laws relating to collection and

recovery of debts in, 746.

chattel mortgages regulated by statute in,
662.

number of witnesses to wills necessary in,

789.

mechanics' liens, abstract of law of, 772.
TERMINI, of Voyage and risk, 394-396.
must be distinctly stated, 394.
TEXAS, law as to rights of married women
in, 56.

days of grace allowed, and legal holidays

in, 206.

statute of limitations in, 296.

usury laws of, 311.

TEXAS, number of witnesses and acknowledg- | UTAH, chattel mortgages regulated by statute

ments required in deeds of land executed
in, 542.

abstract of laws relating to collection and

recovery of debts in, 747.

chattel mortgages regulated by statute in,
662.

in, 662.

number of witnesses to wills necessary in,

789.

mechanics' liens, abstract of law of, 772.

V.

number of witnesses to wills necessary in, VALUE RECEIVED, effect of these words in
789.

mechanics' liens, abstract of law of, 772.
THINGS IN ACTION, a law-term, explained, 38.
THINGS IN POSSESSION, a law-term, ex-
plained, 38.

TITLE, does not pass by sale to a fraudulent
party, 127.

TORTS, this word in law means wrongs, and
includes all wrong-doing, 32.

are what, 301.
TRADE, contraband, 391.

prohibited, 391.

TRADE-MARKS, protected; and sundry provi-
sions of the statute respecting them,
and how they should be described and
recorded, given in full, 689.
TRIAL, for salvage, how had, 345.
TRUSTEE PROCESS. See RECOVERY OF

DEBTS.

TRUSTEES, a law-term, explained, 60.

cannot buy trust property, 219.
may insure against fire, 415.

U.

USAGE, when held unreasonable, 76.

negotiable paper, 178.

VALUE of insured goods, how determined, 374
VALUATION, how applied to insured property,
372, 373.

how understood in fire policies, 422.
mutual companies require a valuation ex-
pressed, 422.

determined what the insurers must pay in
case of total loss, 423.

VERMONT, law as to rights of married women
in, 57.

days of grace allowed, and legal holidays
in, 206.

statute of limitations in, 297.
'usury laws of, 311.

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

542.

abstract of laws relating to collection and
recovery of debts in, 749.

chattel mortgages regulated by statute in,

662.

number of witnesses to wills necssary in,

790.

mechanics' liens, abstract of law of, 773.

of fire insurance companies, when admit- VESSELS, in danger of collision, duties of, 349.

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