Saline County, Missouri - The whole text, 1881 (part 28 of 28)

Provided, The person thus benefitted shall have the option to builf within eight months from date of such demand, a lawful fence half the distance along the line covered by the above mentioned fence. The demand shall be made in writing and served on the party interested, his agent or attorney, or left with some member of the family over fourteen years of age, at his usual place of abode. If the party notified fails to comply with the demand within the specified time, the party making the demand may, at his option, proceed to enforce the collection of one-half the value of such fence, or remove his fence without any other or further notice.

good repair, according to the requirements of the act, and upon neglect or refusal to do so, shall be liable in double damages to the party injured thereby.

If the parties interested shall fail to agree as to the value of one-half of such fence, the owner of the fence raay> apply to a justice of the peace of the township, who shall, without delay, issue an order to three disinterested householders of the township, not of kin to either party, reciting the complaint, and requiring them to view the fence, estimate the value thereof, and make return under oath to the justice on the day named in the order.

If the person thus assessed or charged with the value of one-half of any fence, shall neglect or refuse to pay over to the owner of such fence the amount so awarded, the same may be recovered before a justice of the peace or other court of competent jurisdiction.

Roads, Highways And Bridges

The overseers of highways in each road district in each township, shall have care and superintendence of all highways, and bridges therein, and it shaU be their duty to have all highways and bridges kept in good repair, and to cause to be built all such bridges as public necessity may require, said bridges to be built by contract, let to the lowest responsible bidder, and to be paid for out of any money in the overseer's hands, or in the treasury for road~or bridge purposes. But in no case shall the overseer take such contract, either for himself, or by his agent.

It shall be the duty of the overseer of highways to name all residents of the district against whom a land or personal tax is assessed, giving them two days' notice to work out the same upon the highways, and he shall receivfe such tax in labor from every able-bodied man, or his or her substitute, at the rate of $1.50 per day, and in proportion for a less amount, provided that any person may pay such tax in money. The township board of directors shall have the power to assess upon all real estate and personal property in their township made taxable by law, for state and county purposes, a sufficient tax to keep the roads and highways of the various road districts in their township in good repair, which tax shall be levied as follows: for every one mill tax upon the dollar levied upon real and personal property, as valued on the assessor's roll of the previous year, the township board of directors shall require one day's work of each person subject to work on roads and highways, and no more.

Support Of The Poor

themselves, and where there are no other persons required by law and able to maintain them, shall be deemed poor persons. ^ No person shall be deemed an inhabitant within the meaning of this chapter, who has not resided for the space of twelve months next preceding the time of any order being made respecting such person in the county, . or who shall have removed from another county for the purpose of imposing the burden or keeping such person on the county where he or she last resided for the time aforesaid.

Landlords And Tenants

Every landlord shall have a lien on the crops grown on the demised premises in any year for the rent that shall accrue for such year; and such lien shall continue for eight months after such rent shall become due and payable, and no longer. When the demised premises or any portion thereof are used for the purpose of growing nursery stock, the lien shall exist and continue in such stock until the same shall have been removed from the premises and sold.

. No tenant for a term, not exceeding two years, or at will, or by sufferance, shall assign or transfer his term, or interest, or any part thereof to another, without the written assent of the landlord, or person holding under him.

Either party may terminate a tenancy from year to year, by giving notice in writing of his intention to terminate the same, of not less than three months next before the end of the year.

A tenancy at will, or by sufferance, or for less than one year, may be terminated by the person entitled to the possession, by giving one month's notice, in writing to the person in possession, requiring him to remove. All contracts or agreements for the leasing, renting, or occupation of stores shops, houses, tenements, 6r other buildings in cities, towns, or villages, not made in writing, signed by the parties thereto, or their agents, shall be held and taken to be tenancies from month to month ; and all such tenancies may be terminated by either party thereto, or his agent, giving to the other party or his agent one month's notice in writing, of his intention to terminate such tenancy.

No notice to quit shall be necessary from or to a tenant whose time is "to end at a certain time, or where by special agreement, notice is dispensed with.

A landlord may recover a reasonable satisfaction for the use and occupation of any glands or tenements, held by any person under an agreement not made by deed.

Property exempt from execution shall be also exempt from attachment for rent, except the crops grown on the demised premises on which the rent claimed is due.

If any tenant for life or years, shall commit waste during his estate or terni, of any thing belonging to the tenement so held, without special license in writing, so to do, he shall be subject to a civil action for such waste, and shall lose the thing so wasted and pay treble the amount at which the waste shall be assessed.

Bill Of Sale

BILL OF SALE. A bill of sale is a written agreement to another party for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of- sale must be acknowledged and recorded.

Common Form Of Bill Of Sale

Know all men by these ^presents. That I, David Franklin, of Lexington, Missouri, of the first part, for and in consideration of three hundred doUars, to me in hand paid by Albert Brown, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said. Brown, party of the second part, his executors, administrators and assigns, my undivided half of forty acres of corn now growing on the farm of William Mason,in the township of Jackson, Lafayette county, Missouri ; one pair of horses, twenty head of hogs, and six cows belonging to me and in my possession at the farm aforesaid ; to have and to hold the same unto the party of the second part, his heirs, executors, and assigns, forever. And I do for myself and legal representatives agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.

Benevolent, Religious, And Educational Associations

Any lodge of Free Masons, or Odd Fellows, division of Sons of Temperance or any other association organized for bertevolent or charitable purposes, or any library company, school, college or other association, organized for the promotion of literature, science, or art, or any gymnastic or other association, organized for the purpose of promoting bodily or mental health, and all societies, organized for the purpose of promoting either of the objects above named, and for all similar purposes, by whatever name they may be known, consisting of not less than three persons, may be constituted and declared a body politic and corporate, with all the privileges, and subject to all the liabilities and restrictions contained in this act. Acts 1868, page 28.

All associations incorporated under the provisions of the above law shall file a copy of all amendments to their articles of association, certified as such under their seal, with the clerk of the circuit court, within sixty days after their passage.

Any number of persons, not less than three in number, may become an incorporated church, religious society, or congregation, by complying with the provisions of this chapter, except that it will be sufficient if the petition be signed by all the persons making the application, and when so incorporated, such persons and their associates and successors shall be known by the corporate name specified in the certificate of incorporation, and shall be entitled to all the privileges, and capable of exercising all the powers conferred, or authorized to be conferred by the constitution of this state upon such corporation. Acts 1871-2, P. 16, Sec. 1.

Intoxicating Liquors

No person shall directly or indirectly sell intoxicating liquors in anj^ quantity less than one gallon without taking out a license as a dramshopkeeper.

Application for a license as a dramshop-keeper shall be made in writing to the county court, and shall state where the dramshop is to be kept, and if the court shall be of opinion that the applicant is a person of good character, the court may grant a license for six months.

Any sale, gift or other disposition of intoxicating liquors made to any minor without the permission or consent herein required, or to any habitual drunkard, by any clerk, agent, or other person acting for any dramshop-keeper, druggist, merchant, or other person, shall be deemed and taken to be as the act of such dramshop-keeper, druggist, merchant, or other person.

Intoxicating liquors may be sold in an}' quantity not less than a quart at the place where made, but the maker or seller shall not permit or suffer the same to be drank at the place of sale, nor at any place under the control of either or both. Any person convicted of a violation of the provisions of this section shall be fined a sum not less than $40 nor-more than $200. Provided, that nothing herein contained shall be so construed as to affect the right of any person having a wine and beer house license to sell wine and beer in any quantity not exceeding ten gallons at any place.

Any dramshop-keeper, druggist, or merchant selling, giving away or otherwise disposing of any intoxicating liquors to any habitual drunkard, after such dramshop-keeper, druggist, or merchant shall have been notified by the wife, father, mother, brother, sister, or guardian of such person not to sell, give away or furnish to such person any intoxicating liquors, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $40 nor more than $200, and upon conviction of any dramshop-keeper it shall work a forfeiture of his license to keep a dramshop, and also debar him from again obtaining a license for that purpose.

General Warranty Deed

WITNESSETH, That the said part . . of the first part, in consideration of the sum of .... ;;;;idollars, to ... . paid by the said part . . of the second part, the receipt of which is hereby acknowledged, do . . by these presents, grant, bargain, and sell, convey, and confirm, unto the said part . . of the second part, .... heirs and assigns, the following described lots, tracts, or parcels of land, lying, being and situated in the .... of ... . and state of

To have and to hold the premises aforesaid, with all and singular, the rights, privileges, appurtenances, immunities, and improveinents thereto belonging, or in any wise appertaining unto the said part . . of the second part, and unto .... heirs and assigns, forever; the said .... hereby covenanting that .... will warrant and defend the title to the said premises unto the said part . . of the second part and unto .... heirs and assigns forever, against the lawful claims and demands of all persons whomsoever.

day of .... A. D. 18 .... , before the undersigned, a . . . . within and for the .... of ... . and state of ... . personally came .... who are personally known to me to be the same 'persons whose names are subscribed to the foregoing instrument of writing as parties thereto, and they acknowledged the same to be their act and deed for the purposes therein mentiohed.

In testimony whereof, I have hereunto set my hand and affixed my official seal, at my office in ... . this day and year first above written.

Quit-Claim Deed

Witnesseth, That the said part of the first part, in consideration of the sum of .... loo dollars, to .... paid by the said part of the second part, the receipt of which is hereby acknowledged, do by these presents, remise, release, and forever quit-claim unto the said part of the second part, the following described lots, tracts, or parcels of land, lying, being and situate in the county of . . . . , and state of . . . . , to wit: [Give description of property.]

* [This deed of quit-claim being made in release of, and satisfaction for a certain deed .... dated the . . day of . . . ., 18. . ; recorded in the recorder's oflSce, within and for the county of .... aforesaid, in deed book . . , at pages . . . . ]

To have and to hold the same, with all the rights, immunities, privileges and appurtenances thereto belonging, unto the said part of the second right or title to the aforesaid premises, or any part thereof, but they and every of them shall, by these presents, be excluded and forever barred.

Mortgage Deed

MORTGAGE DEED. Know all men by these presents, that,. . . .of the county of. . . ., in the state of. . . .for and in consideration of the sum of . . . .dollars, to the said, ....in hand paid by of the county of in the state of ha..

.granted, bargained and sold, and by these presents do . . grant, bargain and sell, unto the said .... the following described .... situated in the

[Give description of propert}'.] To have and to hold the property and premises hereby conveyed, with all the rights, privileges and appurtenances thereunto belonging, or in anywise appertaining, unto said .... heirs and assigns forever; upon this

[Give description of notes, time of payment, etc.] Now, if the said .... executor or administrator, shall pay the sum of money specified in said .... and all the interest that may be due thereon, according to the tenor and effect of said .... then this conveyance shall be void, otherwise it shall remain in full force and virtue in law.

Chattel Mortgage

Know all men by these presents, That .... of the county of .... , and state of . . . . , in consideration of the sum of . . . . foo dollars, to ... . paid by

Upon condition. That .... pay to the said .... the sum of .... foo dollars, and interest, agreeably to ... . note . . dated on the .... day of .... , 18 . . , and made payable to the said.... as follows, to-wit:. .. .then this deed shall be void, otherwise it shall remain in full force and effect.

In testimony whereof, I have hereunto subscribed my name and affixed my seal, at my office in in said county, the day and year aforesaid. My term of office as notary public will expire on the ... day of

House Lease

For the use and rent thereof, the said .... hereby promise . . to pay said .... or to . ... order .... dollars, per . . . for the whole time above stated, sub-let or allow any other tenant to come in with or under .... without the written consent of said . . . . ; that .... will repair all injuries or damages done to the premises by him or them during. . . .occupancy, or pay or not, shall be bound, and subject to the payment of rents and damages thereof; that .... will take good care of the buildings and premises and keep them free from filth, from danger of fire or any. nuisance and from all uses forbidden in any fire insurance policy issued thereon, .... and protect, defend and indemnify the said from all damages .... and charges for. . . .day. .after the same becomes due,. . . .will, at the request of the said. . . .quit and render to. . . .the peaceable possession thereof; but, for this cause, the obligation to pay shall not cease, and, finally at the end of .... term .... will surrender to said .... heirs or assigns, the peaceable possession of the said house and premises, with all the keys,,bolts, latches and repairs, if any, in as good condition as .... received the same, the usual wear and use and providential destruction or destruction by fire excepted. /

Mechanics' Liens

MECHANICS' LIENS. Every mechanic or other person who shall do or perform any work or labor upon, or furnish any materials, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing the same under or by virtue of any contract with the owner or proprietor, or his agent, trustee, contractor or sub-contractor, shall be entitled to a lien upon such building, erection, or improvement, and upon the land belonging to such owner or proprietor on which the same are situated. The original contractor must within six months, and every journeyman and day laborer within thirty days, and of every other person seeking to obtain the benefit of the provisions of this chapter, within four months after the indebtedness shall have accrued, file with the clerk of the circuit court of the proper county, a just and true account of the demand due him or them, after all just credits have been given, which is to be a lien upon such building or improvement, and a true description of the property or so near as to identify the same upon which the lien is intended to apply, with the name of the owner or contractor, or both, if known to be the person filing the lien which shall in all cases be verified by the oath of himself or some credible person for him.

Every person except the original contractor, who may wish to avail himself of the benefits of the provisions of this chapter, shall give ten days notice before filing of the lien as herein required, to the owner, owners, or agent, or either of them, that he or they hold a claim against such building or improvements, setting forth the amount and from whom the same is due.

All mechanics' lien holders shall stand on equal footing, without reference to date of filing, and upon sale of property they shall take pro rata on the respective liens.

We only attempt to give an outline of the law of mechanics' liens to aid the general business man. Should any complicated questions arise, it is best to consult an attorney in regard to the same.

Mechanic'S Lien

MECHANIC'S LIEN. Now, at this day, come .... and with a view to avail .... of the benefit of the statute relating to mechanics' liens, file . . the account below set

(Give description of the property upon which the building is erected.) said premise, buildings, and improvements, belonging to and being owned by .... which said account, the same being hereby filed, in order that it may constitute a lien upon the buildings, improvements, and premises above described, is as follows:

.... for work and labor done, and materials furnished by .... upon, to and for the buildings and improvements hereinbefore described, after all just credits have been given ; that said work and labor were done, and said materials furnished upon, to and for said buildings and improvements the foregoing description is a true description of the property upon, to and for which said materials were furnished, and said work and labor done, and to which this lien is intended to apply, or so near as to identify the same ; that said demand accrued within .... months prior to the filing of prior to the filing of this lien .... gave notice to .... of his claim against the amount thereof, from whom due, and of ... . intention to file a lien therefor; that said .... as affiant is informed and believes, the owner. . of the above described premises, and the buildings and improvements thereon, which said premises, buildings, and improvements are intended to be charged with this lien.

Bill Of Sale Of Goods

furniture, and all other goods and chattels whatsoever mentioned in the schedule hereunto annexed: To have and to hold all and singular the said goods, household stuff, and furniture, and other premises above bargained and sold or intended so to be, to the said and . . assigns forever. And the said for and . . heirs, all and singular, the assigns against .... the said .... and against all and every other person and persons whomsoever, shall and wiU warrant and forever defend by these presents. Of all and singular which said goods, chattels, and property, .... the said .... have put the said .... in fuU possession by delivery to . . , the said .... one .... at the sealing and delivery of these presents, in the name of the whole premises hereby bargained and sold, or mentioned, or intended so to be unto .., the said .... as

- If the bill of sale is to be recorded in the county recordei's office, it must be acknowledged before some officer authorized to take acknowledgment of deeds-otherwise not.

undersigned, a . . . . within and for the county of .... and state of Missouri, personally came .... who . . personally known to me to be the same person . . whose name . . subscribed to the foregoing instrument of writing, as part. . thereto, and acknowledged the same to be . . voluntary act and deed for the purposes therein mentioned.

Definition Of Commercial Terms

@ stands for ai or to \ Sb for -pounds, and bbl. for barrels; "^ for fer or by the. Thus, butter sells at 20® 30c f a, and flour at $8@12 f bbl.

May 1. Wheat sells at $1.20@$1.2.5, "seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June.

Selling short, is contracting to deliver a certain amount of grain or stock, 'o.t a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person selling " short" to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the " shorts" are called " bears."

Bujdng long^, is to contract to purchase a certain amount of grain or shares of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The " longs" are termed " bulls," as it is for their interest to " operate " so as to " toss " the prices upward as much as possible.

Articles Of Agreement

An agreement is where one party promises to Another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration.

This agreement, made the second day of June, 1878, between John Jones, of Marshall, county of Saline, state of Missouri, of the first part, and Thomas Whitesides, of the same place, of the second part -

WITNESSETH, That the said John Jones, in consideration of the agreement of the partj' of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver in good and marketable condition, at the village of Slater, Missouri, during the month of November, of this year, one hundred tons of prairie hay, in the following lots, and at the following specified times, namely: Twenty-five tons by the seventh of November, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November.

And the said Thomas Whitsides, in consideration of the prompt fulfillment of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.

In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.

Agreembnt With Clerk For Services

This agreement, made the first day of May, one thousand eight hundred and seventy-eight, between Reuben Stone, of Marshall, county of Saline, State of Missouri, party of the first part, and George Barclay, of Sedalia, county of Pettis, state of Missouri, party of the second part -

WITNESSETH, That said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation ; during which time he, the said Barclay, in the store of said Stone, of Marshall, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.

In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month : provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay. Witness our hands: Reuben Stone.

NoTB. - It is generally assumed that the gross weight of hogs diminished by 1-5 or 20 per cent, of itself gives the net weight, and the net weight increased by ^ or 35 per cent, of itself equals the gross weight.

Rule. - Multiply (by short method) the number of cubic feet by 6308, and point off one decimal place - the result will be the correct answer in bushels and tenths of a bushel.

Rule. - Multiply the number of cubic feet by 54, short method, or by 4J ordinary method, and point off one decimal place - the result will be the answer in bushels.

Note. - In estimating corn in the ear, quality and the time it has been cribbed must be taken into consideration, since corn will shrink considerably during the winter and spring. T'his rule generally holds good for corn measured at the time it is cribbed, provided it is sound and clean.

Rule. - Multiply the square of the mean diameter by the depth (all in feet) and this product by 5681 (short method), and point off one decimal place^ - the result will be the contents in barrels of 2>\\ gallons.

RuLE.^Under the square of the mean diameter, write the length (all in inches) in reversed order, so that its units will fall under the tens; multiply by short method, and this product agairt by 430; point off one decimal place, and the result will be the answer in wine gallons.

Rule. - Multiply the length (in feet) by the width (in inches) and divide the product by 12^ - ^the result will be the contents in square feet.

Rule. - Multiply the width, the thickness, and the length together, (the width and thickness in inches, and the length in feet), and divide the prcduct by 12-^the result will be square feet.

Rui,E. - Multiply the length by the width (in rods) and divide the product by 160 (carrying the division to 2 decimal places if there is a remainder); the result will be the answer in acres and hundredths.

Bricks are usually made 8 inches long, 4 inches wide, and two inches thick ; hence, it requires 27 bricks to make a cubic foot without mortar,, but it is generally assumedT;hat the moftar fills 1-6 of the space.

To find the length of the rafters, at one-fourth pitch, multiply the width of the building by .56 (hundredths); at one-third pitch by .6 (tenths); at two-fifths pitch, by .64 (hundredths): at one-half pitch, by .71 (hundredths). This gives the length of the rafters from the apex to the end of the wall, and whatever they are to project must be taken into consideration.

Practical Rules For Every Day Use

, f^'^T^.^-By ^ or i^ pitch is meant that the apex or comb of the roof is to he ]4 or f^ me wiath of the building higJier than the walls or base of the rafters.

If the corn in the box is in the ear, divide the answer by 2 to find the number of bushels of shelled corn, because it requires 2 bushels of ear corn to make 1 of shelled corn.

In measuring land, the first thing to ascertain is the contents of any given plot in square yards ; then, given the number of yards, find out the number of rods and acres.

The most ancient and simplest measure of distance is a step. Now, an ordinary-sized man can train himself to cover one yard at a stride, on the average, with sufficient accuracy for ordinary purposes.

To make use of this means of measuring distances, it is essential to walk in a straight line; to do this, fix the eye on two objects in a line stright ahead, one comparatively near, the other remote ; and, in walking, keep these objects constantly in line.

Farmers and others by adapting the following simple and ingenious contrivance, may always carry with them the scale to construct a correct yard measure.

Take a foot rule, and commencing at the base of the little finger of the left hand, mark the quarters of the foot on the outer borders of the left arm, pricking in the marks with indelible ink.

Rule. - Multiply the square of one-fifth of the circumference in inches by twice the length in feet, and divide by *144. Deduct 1.10 to 1.15 according to the thickness of the bark.

Rule. - The reciprocal of the rate is the time for which the interest on any sum of money will be shown by simply removing the decimal point two places to the left ; for ten times that time, remove the point one place to the left; for 1-10 of the same time, remove the point three places to the left.

Note. - The reciprocal of the rate is found by inserting the rate ; thus 8 per cent, per month, inverted, becomes 3^ of a month, or ten days.

U. S. Government Land Measure

The sections are divided into quarters, which are named by the cardinal points. The quarters are divided in the same way. The description of a forty-acre lot would read: The south half of the west half of the south-west quarter of section 1, in township 24, north of range 7 west, or as the case might be; and sometimes will fall short, and sometimes overrun the number of acres it is supposed to contain.

Practical Rules For Every Bay Use Surveyors' Measure

A league is three miles, but its length is variable, for it is strictly speaking a nautical term, and should be three geographical miles, equal to 3.45 statute miles, but when used on land, three statute miles are said to be a league.

How To Keep Accounts

Every farmer and mechanic, whether he does much or little business, should keep a record of his transactions in a clear and systematic manner. For the benefit of those who have not had the opportunity of acquiring a primary knowledge of the principles of book-keeping, we here present a simple form of keeping accounts which is easily comprehended, and well adapted to record the business transactions of farmers, mechanics and laborers.

Interest Table

Hsltivly the principaH&mount of money at interest) by the time reduced to dayt; then divide tliia' product by the quotient obtained by'dividing 360 (the number of days in the interest ypar) by the per £eni of interest, and the quotient thut obtained will be the required interest.

Miscellaneous Table Names Of The States Of The Union, And Their

Virginia. - The oldest of the states, was so called in honor of Queen Elizabeth, the " Virgin Queen," in whose reign Sir Walter Raleigh made his first attempt to colonize that region.

Florida. - Ponce de Leon landed on the coast of Florida on Easter Sunday, and called the country in commemoraticn of the day, which was the Pasqua Florida of the Spaniards, or " Feast of Flowers."

Texas is the American word for the Mexican name by which all that section of the country was called before it was ceded to the United States.

Suggestions To Those Purchasing Books By Subscription

The business of books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the fol-- lowing statement is made:

A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price . named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely etnployed to solicit subscriptions, for whiclv^ he usually p>aid a co7nmission for each subscriber, and has no author it fi^.y change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional, or modify or cJuinge the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principle, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.

All persons making contracts in reference to matters of this kind, or any other business, should remember tlial the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly under stajid that all talk before en- after the subscription is made is not admissible as evidence, and is no part of the contract.

Persons employed to solicit subscri-ptions are known to the trade as can- * vassers. They are agents appointed to do a particular business in a prescribed nwde, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in anv other matter. They cannot collect money, or agree that payment may be made in anything else but monev. They cannot extend the time of payment' beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.

It would save a great deal of trouble, and often serious loss, if persons before signing their names to any subscription book, or any written instrument, would examine careftUlv loJiat it is; if they cannot read themselves call on some one disinterested who can.

Abstract of ^aje Laws and Forms. . . 933 Practical Ru«f. ".'or Every-day Use . . . 953 Names of tKSJtates of the Union anji* their Significance ^^959