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Partnerships
Oldest Form of Business Association.—When man first felt his own limitations in the conduct of his business affairs, he turned to some other man who possessed some qualifications of advantage in the conduct of his business, whether it were services, property, money, skill or other consideration, and sought a business alliance with him in order that the business might develop and expand under their...
Different Kinds Of Partnership
A General Partnership is constituted between individuals if they agree to enter into a general or particular business, to share the profits and losses together without fixing any limitations or conditions.A Special or Limited Partnership is an agreement entered into to allow a special partner, whose name does not appear in that of the firm, to put in a limited amount of capital and to receive a corresponding share of the profits...
How Partnerships Are Formed
All persons who are legally competent to do business for themselves may enter into partner-ship.A partnership may be formed by a mere verbal agreement and stand in law, but a written agreement is the only safe one, and he who neglects it will doubtless have reason to regret it later.The parties may agree as they please as to sharing profits or losses, but in the absence of writing to prove the contrary the law will assume that partners share profits and losses equally.
Debts And Collections
Pay as you go, or a strictly cash business, is the best and safest method of doing business. But certain conditions or customs in trade make this sometimes impractical or impossible, and credit must be given. Under this method dishonest, careless or unfortunate people contract debts, then refuse, neglect or are unable to pay them, and collections, peaceable or forced, be-come a necessity.
Legal Steps In Collections
No other motive except the question, 'Will it pay?' should induce a creditor to legally enforce payment. A mere feeling of retaliation or of getting satisfaction has no place in business.Before resorting to the power of law it is well to ask the following questions:1. Have all reasonable and peaceable efforts been made to induce the debtor to make payment? 2. Is the amount sufficient to warrant the expense involved in the legal process?
Deeds
A Deed is an instrument in writing whereby real estate or some interest therein is conveyed.A Deed When Delivered is good as between the parties, but in order to protect the purchaser's rights it must be filed at the office of the county recorder.
Different Kinds Of Deeds
A Warranty Deed is so called because the grantor covenants to warrant and defend lands mentioned against all persons, and to the extent specified.A General Warranty covenants and warrants against all persons whosoever.A Special Warranty covenants and warrants only against one person, his heirs and those claiming under him.
Mortgages
A Mortgage is a conveyance of property, either real or personal, given to secure payment of a debt, or the performance of some special act. When the debt is paid the mortgage becomes void and of no value.Names of Parties.
Abstracts Of Laws Of State Relating To Deeds
Alabama.—Deed must be signed at the foot and attested by one witness, or, when the party can-not write, by two witnesses. A scroll answers for a seal. Must be acknowledged and recorded.Arizona.—No seal or witness necessary.Arkansas.
Abstract Of The Laws Of All The States Relating To Leases And Their Requirements
Alabama.—Lease must be executed, acknowledged, and recorded the same as deeds. No lease-hold estate can be granted for a longer term than twenty years.Arkansas.—Lease must be executed, acknowledged, and recorded the same as deeds.California.
Laws Of Chattel Mortgages
Alabama.—Mortgage must be recorded in the county where the grantor resides, and also in the county where the property is, and if removed to a different county, must be recorded there within three months from such removal. May be fore-closed under a power of sale contained in the mortgage.Arkansas.
Landlord And Tenant Leases
Leases are contracts by which one party, called the lessor or landlord, gives to a second party, called the lessee or tenant, possession of land or other real estate for a fixed period of time, receiving in return for the use, possession and profit thereof a fixed compensation called the rent.Duration.
Wills
The right to make a will is a legal right, not a natural. Its enforcement depends wholly upon the law. All living men have a natural right to manage or dispose of property acquired by their own efforts ; but when the brain and the hand no longer operate, this right ceases, and the disposal of property by will becomes a matter of law. A Will is a statement, in legal form, of the disposition a person wishes to have made of his property after his death.
Laws Governing Wills
1. All persons of lawful age, who can freely exercise their own will, may dispose of their property by making a will. In some states a married woman cannot make a will without the consent of her husband.In some states persons under age cannot make a will disposing of anything but personal property.
Patents, Trademarks, Copyright, Passport
A Patent is a written instrument issued by the national government, giving the inventor the exclusive right to use, manufacture and sell his invention or improvement for a given term of years within the United States.Without a patent on his part, anyone else can make, use or sell anything he has invented. A patent secures to him the exclusive right.
Trademarks
A TradeMark is a mark, emblem or symbol which a merchant or manufacturer uses to denote his own goods. It is usually attached to them and may be in the form of letters, words or ornamental designs. The Right Acquired in a trade-mark is the exclusive right to use it, or, in other words, the right to keep others from using that trademark.
Copyright
Copyright is defined by the Act of Congress of 1874 as the liberty of printing, publishing, compiling, executing and vending any original book, map, chart, dramatic or musical composition, engraving, print, photograph or negative thereof, or of a painting, drawing, chromo, statue or statuary and of models or designs intended to be perfected as works of art.
Passport
A passport is a written permission to American citizens to travel unmolested in any foreign country with which this country is at peace. It recommends them to the protection of foreign governments where they may visit.The Secretary of State of the United States, at Washington, is alone properly authorized to issue passports in the United States, but the ministers and other diplomatic representatives of our government abroad may grant, issue and verify them in cases of emergency.
The Government
The Government of the United States was established by the ratification on Mardi 4, 1789, of the Constitution adopted by the thirteen American colonies of Great Britain in Congress assembled at Philadelphia on September 17, 1787.
The State Governments
The government of each state is an autonomy, and each is the supreme judge of its own laws, except so far as affected by the laws and Constitution of the United States.The Chief Executive is a governor elected by the people for terms of varying length.The Legislative Body is composed of two houses, an upper and a lower, also elected by the people.
Law On Citizenship
There is no more prized possession of man-kind than that of citizenship.There is no more important duty laid upon mankind than the exercise of the functions of citizenship. The safety, the development and growth of the nation depends upon it.Citizenship is, primarily, a matter of the place of birth, those being born in a certain country becoming by that very act, a citizen of that country.
Citizenship And Suffrage
Naturalization, or citizenship, is governed by national law, which provides that no alien shall be naturalized until after five years' residence.Suffrage, or the right to vote, while conferred on women by the Nineteenth Amendment to the Federal Constitution, is, nevertheless, governed, as to qualifications, by the laws of the different States.
Qualifications For Voting
The adoption of the Nineteenth Amendment to the Federal Constitution swept away the last barrier to the full vote of the women in state and national elections, and it is estimated that nearly twenty-nine million women were thus made eligible to vote.Failure to Pay Poll Tax excludes from voting in Alabama, Arkansas, Massachusetts, Mississippi, Nevada, North Carolina, South Carolina, Tennessee, Texas and Virginia.
Civil Service Positions
The Civil Service Act, as it is commonly called, or the 'Act to Regulate and Improve the Civil Service of the United States,' as it is officially designated, was passed in January, 1883. It provides for the appointment of three commissioners, a chief examiner, a secretary, and other employes, and makes it the duty of the commissioners to aid the President in preparing rules...
United States Census
The Constitution requires that a census of the United States shall be taken every ten years. The first census was taken in 1790 under the super-vision of the President; subsequent censuses, to and including that of 1840, were taken under the supervision of the Secretary of State.
Laws Relating To Public Schools
Following is a careful digest of the laws governing the rights and duties of directors, teachers, pupils and parents.School Management.—In most of the states the management of the public or common schools is placed by statute under the exclusive control of directors, trustees, committees, or boards of education.District and Township Unit Systems.-The schools are generally organized under either the district system or the township unit system.
Corporal Punishment
The Teacher Stands in Place of the Parent, and while a pupil is under his care, has in the absence of statute or other regulation to the contrary, the same authority as the parent has at home of correcting him by confinement or whipping, or at least such part of the parents' authority as is necessary to answer the purposes for which the teacher is employed.
Resolution To Issue School Bonds
Where it becomes necessary to borrow money by bond issue for school purposes, the following form will be found useful, because it indicates the procedure necessary to the issue, is clear concerning purposes and terms, and states the security and the necessary dates :In the matter of the issuance of bonds of the Trenton School District, Wabash County.
Laws Of Domestic Relations
Marriage is the union of a man and woman for life in accordance with the law of the country or state in which they reside. In law, marriage is regarded simply as a civil contract, and is dissolved only by death or divorce.The lack of uniformity of the marriage and divorce laws of the various states has given rise to some curious complications, a person being indictable in one state, for an action performed in another in which other the action was perfectly legal.
Divorce Laws
Previous Residence Required.—Six months in Idaho, Nevada and Texas ; one year in Alabama, Arizona, Arkansas, California, Colorado (except in case of adultery in State), Georgia, Illinois, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota (same as Colorado), Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Utah...
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