TRADER'S & MECHANIC'S LAWS OF TRADE. MODE OF COLLECTING DEBTS: IN FIVE PARTS. PART I. EVIDENCES OF DEBT: BOOK ACCOUNTS, BILLS OF PART IV. TAXATION OF COSTS IN CIVIL ACTIONS IN THE By I. R. BUTTS, Author of the "Business Man's Assistant" -"Landlord's and Tenant's PRINTED AND PUBLISHED BY I. R. BUTTS, 24 55 MARVARD COLLEGE LIBRARY Jan. aw. 2. By Exchange & Dipl. VT 12065 य Econ 5102, 19 Entered according to Act of Congress, in the year 1849, BY I. R. BUTTS, in the Clerk's Office of the District Court of the District of Massachusetts. G CONTENTS. Book Accounts, Settlements, and Receipts; : Bills of Exchange, Promissory Notes, Drafts and Checks, Effect of taking a negotiable note or bill after it is due--indorsees of notes payable on demand-presentment for acceptance-accept- ance-what notice of the non-acceptance of a bill must be given- liability of acceptor-acceptance for honor-indorsement-pre- On bills payable without the United States-beyond Cape of Good Hope within U. S.-within this State. Usury, Laws Of,-What Constitutes, Who is capable of making-how can action be brought-must be in writing-void without consideration, unless under seal-promise Implied Contracts, (or where there is no special agreement), 31 Sale and Conveyance of Real Estate, Law affords no redress for oversights-misrepresentation vitiates sale. Contract not binding for goods under the valtte of $50, unless deliv- ered within one year-when bargain is struck-when sale is com- plete the earnest-the delivery--time of delivery-neglect of-de- livery to an agent-where an article is to be manufactured-what is sufficient as a memorandum-exchanges. Warranty of Goods, Express and General, Where goods are sold by sample-latent defect in sample. 33 If vendee does not come and pay for goods-when contract is in vio- Payment, General Usage where no Specific Stipulation is made, 38 What debts can be collected within six years-what within two-what . General course of procedure from the sending of the letter of attor- Writs, Attachments, Arrest, Judgment, and Execution, . . Justice's jurisdiction-appeals-writs-how framed-articles ex- empt from attachment-bail bond-how long after attachment goods may be held-execution-renewal of execution-time with- in which judgment may be obtained-when goods can be 54 Who may petition-in what cases creditor may force debtor into in- solvency-duty of assignee-what debts may be proved-discharge When debtor may be arrested-bond-prison limits-liberty of the PART III.-GENERAL AND SPECIAL LAWS. What constitutes a factor-when holding a del-credere commis- sion-how responsible-when liable for loss-when to remit to principal-law of factors and agents enacted by the Legislature of Massachusetts, and approved by the Governor, May 2, 1849. What constitutes a partnership-liability of partners-dissolution of do.-limited partnership-how associated-certificate of partner- Conveyance of estate-foreclosure of mortgage-power to sell Where must be recorded-foreclosing of mortgage-attaching do. A right which one person has to detain the property of another on account of labor-lien of mechanics, shipwrights, and others-lien law of Massachusetts for building or repairing-petition for sale of-on ships for materials, provisions and stores-how long time ཚ ཚན Form of acknowledgment by debtor-by power of attorney. Rights and Liabilities of Hotel and Boarding-House Keepers, 84 Legal Rights of Married Women, Wife may retain her property-may receive property by will or deed-may sue and be sued-to whom her property goes at death-right of married women to personal estate of husband not disposed of by will,right to administer,right to dower,right to wages. Costs Taxed in Court of Common Pleas, Plaintiff's costs where defendant is defaulted-where the case is Plaintiff's costs-non-suit when defendant prevails-trial by jury. Qualifications and Liabilities of Attorneys and Sheriffs, PART V.-LEGAL FEES OF ATTORNEYS AND LAW OFFICERS. Fees of Attorney, Of Justice of the Peace, of Commis- PART. I. EVIDENCES OF DEBT. . BOOK ACCOUNTS, HOW PROVED. ORIGINAL entries in shop books, or the original me moranda of charges by a party, though not kept regularly in the manner of a day-book, are competent evidence, with the suppletory oath of the party, if living, to prove the items charged. (2 Mass. 217; 13, 455.) The creditor is sworn to make true answers to questions relating to his books, and is then required to state if they are his original entries, and were made at or about the time they purport, and if they are true. Suspicious marks on the face of a book will prevent its being received. But every memorandum of a shopkeeper or laborer will not be admitted as his book. Before the books of the party can be admitted in evidence, they are to be submitted to the inspection of the court; and if they do not appear to contain the first entries or charges by the party, made at or near the time of the transactions to be proved, and to have been honestly and fairly kept, they are excluded. Where entries were first made on a slate, or cart, and afterwards transferred upon a book, kept in the ledger form, such book was admitted as evidence to prove the items charged. (13 Mass. 427.) So, where it appeared to be the custom of a butcher, in carrying around meat to his customers, to make chalk scores on the cart, stating to whom the meat was sold, and the quantity and price, from which scores, on the return of the cart on the same day, and before it went out again, it was the custom for his partner to make entries in the L. T. 1* |