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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

becomes an indenture, 104.

when by one only, without seal, it is a

simple promise, 104.

when by one only, under seal, it becomes
a bond, 104.

to be performed within a year, when not
affected by the statute of frauds, 145.

form, and subject-matter of, 146.

if name be printed to, may be sufficient

signature, 146.

when it should be writter. and signed by
both parties, 77.

not controlled by oral testimony, except in

case of fraud, 77.

for sale of lands, should always state cov.
enants contemplated, 85.

for arbitration, not binding on any, unless
all have entered into it, 100.

ALABAMA, law as to rights of married women

in, 40.

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

statute of limitations in, 284.

usury laws of, 308.

in, 40.

days of grace allowed and legal holidays
in, 201.

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

number of witnesses and acknowledgment
required to deeds of land executed in,
538.

abstract of laws relating to collection and

recovery of debts in, 705.

chattel mortgages regulated by statute in
653.

number of witnesses to wills necessary in,
784.

mechanics' liens, abstract of law of, 761.
ARKANSAS, law as to rights of married wome
in, 40.

days of grace allowed and legal holidays
in, 201.

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

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

538.

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 re-

specting, 705.

ASSIGNMENT, definition of, 113.

of policy of insurance, 372.

of policy, avoids it, when, 424.

of policy, should be made on it, 429.
always best to secure the insurance com-
pany's assent to, 429.

of policy, what constitutes, in life insur-
ance, 435.

ATTACHMENT.-See RECOVERY OF DEBTS,
703.

abstract of the laws of all the States re-

specting, 705.

AUTHORITY, extent and duration of agent's,

212.

B.

BAILEE, may insure against fire, 416.
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 i
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 parties
335.

execution of, must be conformed to with BILL, legal meaning of, 149.

strictness, 214.

of ship-master, 346.

AVERAGE, general, 338.

when within the scope of insurance, 402.
what is not included in, 339.
adjustment of, 341.

adjustment of, by whom made, when, 343.
AWARD, essentials of, 250.

must be certain, 251.
must be possible, 251.

when fully made, none of the parties have
further control, 255.

should be sealed up and delivered to all

the parties, 255.

must be reasonable, 251.

must be final and conclusive, 251.

no especial form of, necessary, 253.

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 i
186.

notarial seal, evidence of dishonor of for
eign, 186.

paid at maturity ceases to be negotiable,
195.

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 promissory

note and parties to, 166.

the directions in submission of, must be BLOCKADE, what it is, and law of, 391.

strictly followed, 253.

when it may be run, 391.

set aside, if "procured by corruption or BOARDERS and guests at hotels, distinction

andue means," 253.

set aside, if the arbitrator has made a ma-
terial mistake of law or fact, 253.

between, 277.
BOND, essentials of, 104.

condition of, 105.

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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.

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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.

common,
259.

of insured, founded on interest, 374.

distinction between private and,| CODICILS, meaning of, law of, and rules con

cerning, 779.

common, who are chargeable as, 259, 260, COLLISION, who liable for, 348.

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.

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, 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.

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

in what cases, 407.

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 publi
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.

all insured, become members in mutual CONSIGNEE, may assign bill of lading, 329.

fire insurance, 405.

COMPLIANCE, with terms offered, when it

makes 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.

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.

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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,

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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 the
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, 451.
of indenture, 451.

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