Everyday Law

( Originally Published 1902 )

Points of Criminal Law.

Law should be, and is intended to constitute, a rule of right governing the actions of man in his dealings with his fellowbeings.

You cannot lawfully condone an offense by receiving back stolen property.

The exemption of females from arrest applies only in civil, not in criminal matters. Every man is bound to obey the call of a Sheriff for assistance in making an arrest. The rule " Every man's house is his castle " does not hold good when a man is accused of crime.

Embezzlement can be charged only against a clerk or a servant, or the officer or agent of a corporation.

Bigamy cannot be proven in law if one party to a marriage has been absent and not heard from for five years.

Grand larceny is when the value of property stolen exceeds $25.00-when less than that, the offense is petit larceny.

Arson to be in the first degree must have been committed at night, and the buildings fired must have been inhabited.

Drunkenness is not a legal excuse for crime, but delirium tremens is considered by the law as a species of insanity.

In a case of assault it is only necessary to prove an " offer or attempt at assault." Battery presumes physical violence.

Mayhem, although popularly supposed to refer to injury to the face, lip, tongue, eye, or ear, applies to any injury done a limb.

A felony is a crime punishable by imprisonment in a State prison ; an " infamous " crime is one punishable with death or State prison.

A police officer is not authorized to make an arrest without a warrant unless he has personal knowledge of the offense for which the arrest is made.

An accident. is not a crime, unless criminal carelessness can be proven. A man shooting at a burglar and killing a member of his family is not a murderer.

Burglary in the first degree can be committed only in the night time. Twilight, if dark enough to prevent distinguishing a man's face, is the same as " night " in law. Murder to be in the first degree must be wilful, premeditated, and malicious, or committed while the murderer is engaged in a felonious act. The killing of a man in a duel is murder, and it is a misdemeanor to accept or give a challenge.

False swearing is perjury in law only when willfully done, and when the oath has been legally administered. Such qualifying expressions as "to the best of my belief," "as I am informed," may save an aver ment from being perjured. The law is that the false statement sworn to must be absolute. Subornation of perjury-that is, inducing another to swear falsely, is a felony. The penalties which follow the violation of any of the points of criminal law vary slightly in various places, but all include fines or imprisonment, or both. The penalties are intended to be sufficiently severe to deter those evilly disposed from disturbing the peace and happiness of the community.

Important Points of Business Law.

The law compels no one to do impossibilities.

An agreement without consideration is not valid.

Ignorance of the law does not excuse an offender, but it does often influence the mercy of the Court in fixing penalty.

He who conceals a fraud is himself a defrauder.

Signatures made with a lead pencil are good in law.

A receipt for money paid is not legally conclusive.

The act of one partner binds all the others.

The seal of a party to a written contract imports consideration.

A contract made with a minor cannot be enforced against him. A note made by a minor is voidable.

A contract made with a lunatic is void. A contract made on a Sunday is void. Principals are liable for the acts of their agents.

Agents are liable to their principals for errors.

Each individual in a partnership is liable for the whole amount of the debts of the firm.

A note which does not state on its face that it bears interest, will bear interest only after maturity.

A lease of land for a longer term than one year is void unless in writing.

An indorser of a note is exempt from liability if notice of its dishonor is not

mailed or served within twenty-four hours of its non-payment.

In case of the death of the principal maker of a note, the holder is not required to notify a surety that the note is not paid; before the settlement of the maker's estate. Notes obtained by fraud, or made by an intoxicated person, are not collectible.

If no time of payment is specified in a note, it is payable on demand.

An indorser can avoid liability by writing " without recourse" beneath his signature. A check indorsed by the payee is evidence of payment in the drawer's hands.

An outlawed debt is revived should the debtor make a partial payment.

Want of consideration-a common defense interposed to the payment of negotiable paper-is a good defense between the original parties to the paper; but after it has been transferred before maturity to an innocent holder for value it is not a defense.

Negotiable paper, payable to bearer or indorsed in blank, which has been stolen or lost, cannot be collected by the thief or finder, but a holder who receives it in good faith before maturity, for value, can hold it against the owner's claims at the time lost.

Sometimes the holder of a paper has the right to demand payment before maturity; for instance, when a draft has been pro tested for non-acceptance and the proper notices served, the holder may at once proceed against the drawer and indorsers.

If a note or draft is to b° paid in the State where it is made, the contract will be governed by the laws of that State. When negotiable paper is payable in a State other than that in which it is made, the laws of that State will govern it. Marriage contracts, if valid where they are made; are valid everywhere. Contracts relating to personal property are governed by the laws of the place where made, except those relating to real estate, which are governed by the laws of the place where the land is situated.

If a negotiable paper, pledged to a bank as security for the payment of a loan or debt, falls due, and the bank fails to demand payment and to have it protested when dishonored, the bank is liable to the owner for the full amount of the paper.

The expression "Value received" should be written in a note, but it is not necessary. If not written, it is presumed by law, or may be supplied by proof.

No consideration is sufficient in law if it be illegal in its nature. Checks or drafts must be presented for payment without un reasonable delay. Checks or drafts should be presented during business hours; but in this country, except in the case of banks, the time extends through the day and evening.

If the drawer of a check or draft has changed his residence, the holder must use due or reasonable diligence to find him.

If one who holds a check, as payee or otherwise, transfers it to another, he has a right to insist that the check be presented that day, or, at farthest, on the day following. A note indorsed in blank (the name of the indorser only written) is transferable by delivery, the same as if made payable to bearer.

The maker of an "accommodation" bill or note (one for which he has received no consideration, having lent his name or credit for the accommodation of the holder) is not bound to the person accommodated, but is bound to all other parties, precisely as if there was a good consideration.

An indorsee has a right of action against all whose names were on the bill, when he received it.

A bill, note or draft may be written upon any kind of paper, either with ink or pencil.

An indorsement may be written on the face or back.

An indorser may prevent his own liability to be sued by writing "without recourse," or similar words.

The holder of a note may give notice of protest either to all previous indorsers or ' only to one of them ; in case of the latter he must select the last indorser, and the last must give notice to the last before him, and so on. Each indorser must send notice the same day or the day following. Neither Sunday nor any legal holiday is counted in reckoning time in which notice is to be given.

If the letter containing a protest of nonpayment be put into the post-office, any miscarriage does not affect the party giving notice. Notice of protest may be sent either to the place of business or of residence of the party notified.

After the death of a holder of a bill or note, his executor or administrator may transfer it by his indorsement.

The husband who acquires a right to a draft or note which was given to the wife, either before or after marriage, may indorse it.

Written instruments are to be construed and interpreted by law according to the simple, customary and natural meaning of the words used.

The finder of negotiable paper, as of all other property, must make reasonable efforts to find the owner, before he is entitled to appropriate it for his own purposes. If the finder conceal it, he is liable to the charge of larceny or theft.

Joint payees of a bill of exchange, draft or note, who are not partners, must all join in an indorsement.

An oral agreement must be proved by evidence. A written agreement proves itself. The law prefers written to oral evidence, because of its precision.

No evidence can be introduced to contradict or vary a written contract ; but it may be received in order to explain it, when such explanation is needed.

Contracts and Agreements.

A contract or agreement is where a promise is made on one side and assented to on the other, or where two or more persons enter into engagement with each other by a promise on either side. In a written contract assent is proved by the signature or mark. In verbal agreements it may be given by a word or a nod, by shaking hands, or by a sign. The old adage, " Silence gives consent," is often upheld in law.

Persons under age are incompetent to make contracts except under certain limitations. Generally minors are incapable of making binding contracts.

There are several causes which void contracts, first among which is fraud. No fraudulent contract is binding in law or in equity ; but the party defrauded must void the contract as soon as he discovers the fraud. If he continues under the contract after the fraud is discovered he cannot afterwards void it.

SOME IMPORTANT CONTRACT DON'TS.

DON'T enter into an agreement on Sunday unless it is ratified on a week-day.

DON'T make a contract with a person of unsound mind or under the influence of liquor, or otherwise under restraint of liberty, mind or body. Use caution in making contracts with an illiterate, blind or deaf and dumb person, and see to it that witnesses are present.

DON'T put a forced construction on a contract -the intent of the parties is a contract.

DON'T suppose that you can withdraw a proposition made in writing and sent by mail after the party to whom it was made has mailed an unconditional acceptance.

DON'T suppose that a conditional acceptance of a proposition is binding on the party making the proposition.

DON'T forget that the courts will construe a contract according to the law prevailing where it was made.

DON'T forget that the law says, "no consideration, no contract," and that the courts will not enforce a contract that is too severe in its provisions.

DON'T sign an agreement unless you have carefully weighed its provisions, which should be all fixed and certain.

Laws Governing Liens.

In all the States and Canada it is the object of the law to protect the mechanic and laboring man and also the merchant. Hence there are laws in the several States for this purpose. While the general trend is the same, the laws vary in details. It is not difficult to procure a copy of the laws, which every builder and householder should do. Any contractor, sub-contractor or laborer who performs any work, or furnishes any materials, in pursuance of, or in conformity with, any agreement or contract with the owner, lessee, agent or one in possession of the property, toward the erection, altering, improving or repairing of any building, shall have a lien for the value of such labor or materials on the building or land on which it stands to the extent of the right, title and interest of the owner, lessee or person in possession at the time of the claimant's filing his notice with the Clerk of the County Court. Such lien is called a mechanic's lien.

The notice should be filed within thirty days after completion of the work or the furnishing of the materials, and should state the residence of the claimant, the amount claimed, from whom due, when due, and to whom due, the name of the person against whom claimed, the name of the owner, lessee or person in possession of the premises, with a brief description of the latter.

Liens cease in one year after the filing of the notice, unless an action is begun, or the lien is continued by an order of Court.

The following classes of persons are generally entitled to lien: 1. Bailees, who may perform labor and services, on the thing bailed, at the request of the bailor. a. Innkeepers, upon the baggage of guests they have accommodated. 3. Common carriers, upon goods carried, for the amount of their freight and disbursements. 4. Vendors, on the goods sold for payment of the price where no credit has been expressly promised or implied. 5. Agents, upon goods of their principals, for advancements for the benefit of the latter. 6. All persons are entitled to the right of lien who are compelled by law to receive property and bestow labor or expense on the same.

The right of lien may be waived: 1. By express contract. 2. By neglect. 3. By new agreement. 4. By allowing change of possession. 5. By surrendering possession. The manner of the enforcement of a lien, whether it be an innkeeper's, agent's, carrier's, factor's, etc., depends wholly upon the nature and character of the lien.

Perishable property on which a lien is held may be sold, and the lien attaches to the proceeds.

Liens take precedence according to priority, and interest on a judgement on a prior lien must also be satisfied before a subsequent lien may be realized upon.

Agents and Attorneys.

An agent or an attorney is one authorized by a person to act for him and in his stead, in the transaction of business for the person appointing said agent or attorney.

In regard to the subject of an agency, the general rule is, that whatever a man may do in his own right he may also trans act through another. Things of a personal nature, implying personal confidence on the part of the person possessing them, cannot be delegated.

Infants, married women, lunatics, idiots, aliens, belligerents, and persons incapable of making legal contracts, cannot act as principals in the appointment of agents. Infants and married women may, however, become principals in certain cases.

The act of the agent always binds his principal. Agents who exceed their authority, become themselves personally responsible to their principals.

One should not consent to act as an agent or attorney in complicated matters, except where the powers of this office be explicitly defined in writing.

Agency may be terminated in two ways: (1) by the act of the principal or agent; (2) by operation of law. In the latter case, the termination of the agency is effected by lapse of time, by completion of the subject matter of the agency, by the extinction of the subject-matter, or by the insanity, bankruptcy or death of either party.