USA > New York > Schuyler County > Gazetteer and business directory of Chemung and Schuyler counties, N.Y. for 1868-9 > Part 7
USA > New York > Chemung County > Gazetteer and business directory of Chemung and Schuyler counties, N.Y. for 1868-9 > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34
DEPARTMENT OF THE INTERIOR, GEN'L LAND OFFICE, July 19, 1865. S
Numerons questions having arisen as to the mode of procedure to purchase public lands, or acquire title to the same by bounty land locations, by pre-emptions or by home- -Tead. this circular is communicated for the information of all concerned.
In order to acquire title to public lands the following steps must be taken :
1. AApplication must be made to the Reg- inter of the district land office in which the land desired may be situated.
A list of all the land offices in the United Antes Is farnished by the Department, with the seats of the different otlices. where it is the duty of the Register aud Kariver to be in attendance, and give proper facilities and information to persona dosirons of obtaining land -.
The minimum price of ordinary public land- i- $1.25 per arre. The even or re- served Actions falling within railroad | Then he can enter the land at $1.25, either grant- arr inera-ed to double the minimum price, being $2.50 per acre.
Land4 ola e offered at publie sale, and not afterwards hopt out of market by reserva- tion, or otherwise, so as to prevent free competition, may be entered or located.
certify to the receiver whether the land is vacant, with its price ; and when found to be so, the applicant must pay that price per acre, or may locate the same with land warrant, and thereafter the Receiver will give him a "duplicate receipt." which he is required to surrender previous to the delivery to him of the patent, which may be had either by application for it to the Register or to the General Land Office.
3. If the tract has not been offered at public sale it is not liable to ordinary pri- vate entry, but may be secured by a party legally qualltied, upon his compliance with the requirements of the pre-emption laws of 1th September, 1811, and 3d March. 1:43: and after such party shall have made ac. tual settlement for such a length of time As will show he designs it for his perma- nent home, and is acting in good faith. building a house and residing therein, he may proceed to the district land office. es- tablish his pre-emption claim according to law, by proving his actual residence and cultivation, and showing that he is other- wise within the purview of these arts, - in cash or with bounty land warrant, unless the premises should be $3.') arre land -. In that case the whole purchase-money can be paid in cash, or one-half In cash, the residne with a bounty land warrant.
4. But if parties legally qualified desire to obtain title under the Homestead Act
2. By the applicant thing with the Regis- ter his written application describing the of 20th May, 1562, they can do so on com-
48
LAW MAXIMS.
plying with the Department Circular, dated | that the claimant has made the land his 30th October, 1×62.
5. The law confines Homestead entries to surveyed lands : and although, in cer- tain States and Territories noted in the sub- joined list. pre-emptors may go on laud be- fore survey. yet they can only establish their claim after return of survey, but must file their pre-emption declaration within three months after receipt of official plat, at the local land-office where the settlement was made before survey. Where. however, it was made after survey, the claimant must Alle within three months after date of set- tlement ; and where actual residence and cultivation have been long enough to show
permanent home. he can establish his claim and pay for the same at any time before the date of the public sale of lands within the range in which his settlement may fall.
6. All nnoffered surveyed lands not ac- quired under pre-emption, homestead, or jotherwise, nnder express legal sanction. must be offered at public sale under the | President's Proclamation, and struck off to the highest bidder, as required by act of April 21, 1:30.
J. M. EDMUNDS. Commissioner General Land Office.
LAW MAXIMS.
1. A promise of a debtor to give "sati -- : 7. An agreement by the holder of a note factory security" for the payment of a por- to give the principal debtor time for pay- tion of his debt. is a sufficient considera- ment. without depriving himself of the tion for a release of the residue by his , right to sue, does not discharge the surety. creditor.
2. Administratora are liable to account for interest on fund- in their hands, al- though no profit shall have been made upon them. unless the exigencies of the . buyer responsible for the value of the estate rendered it prudent that they should hold the funds thus uninvested.
3. Any person who voluntarily hecomes an agent for another, and in that capacity obtains information to which as a stranger he could have had no access, is bound in subsequent dealing with his principal, as purchaser of the property that formed the subject of his agency, to communicate such information.
4. When a house is rendered untenanta- ble in consequence of improvement- made on the adjoining lot, the owner of such cannot recover damages, because it is pre- sumed that Le had knowledy of the ap. : preaching danger in time to protect him- seli fromi it.
11. A bidder at a Sheriff's sale may re- tract his bid at any time before the prop- erty is knocked down to him, whatever may be the conditions of the eale.
12. Acknowledgment of debt to a stran- per does not preclude the operation of the elatute.
5. When a merchant ship Is abandoned by order of the master, for the purpose of saving life, and a part of the crew cabme- f 13. The fruits and grass on the farin quently unet the vessel so abandoned and or garden of au intestate descend to the bring her safe into port, they will be enti- heir. thal to salvare.
11 Agents are solely liable to their prin-
6. A person who has been led to sell cips!s. good- by means of false pretenses, cannot ! recover them from one who has pourcha-ed 15. A deposit of money in bank by a hus- them in good faith from the fraudulent band, in the name of his wife, survives to vendor. ¡ler.
8. A seller of goods who accepts, at the time of -ale, the note of a third party, not endorsed by the buyer, in payment, can- not in case the note is not paid, hold the goods.
9. A day-book copied from a "blotter" in which charges are fir-t made, will not be received in evidence as a book of origi- nal entries.
10. Common carriers are not liable for extraordinary results of negligence that could not have been foreseen by ordinary skill and fore-ight.
1
LAW MAXIMS.
49
16. Money paid on Sunday contracts may be recovered.
17. A debtor may give preference to one creditor over another, unless fraud or special legislation can be proved.
18. A court cannot give judgment for a larger sum than that specified in the ver- dict.
19. Imbecility on the part of either husband or wife, invalidates the mar- ringe.
20. An action for malicions prosecution will lie, though nothing further was done than suing out warrants.
21. An agreement not to continue the practice of a profession or business in any specified town. if the party so agreeing has received a consideration for the same, is valid.
22. When A consigne goods to B to sell on commission, and B delivers them to C, in payment of his own antecedent debts, A can recover their value.
23. A finder of property is compelled to make diligent inquiry for the owner there- of, and to re-tore the same. If, on finding such property, he attempts to conceal such fact, he may be prosecuted for larceny.
24. A private person may obtain an in- junction to prevent a public mischief by which he is affected in common with others. .
25. Any person interested may obtain an injunction to restrain the State or a munici- pal corporation from maintaining a nuisance on its lands.
26. A discharge under the insolvent laws of one State will not discharge the insol- vent from a contract made with a citizen of another State.
27. To proscente a party with any other motive than to bring him to justice, is malicious prosecution, and actionable as such.
28. Ministers of the gospel, residing in any incorporated town. are not exempt from jury, military, or tire service.
2. When a person contracts to build a homer, and is presented by sickness from finishing it, he can recover for the part per- formed, if such part is beneficial to the other party.
CO. Iu a suit for enticing away a man's wife, actual proof of the marriage is not ne- Cos-ary. Cohabitation, reputation, and the udmi-sion of marriage by the parties, are sufficient.
32. When a marriage is denied, and plain- tiff has given sufficient evidence to estah- lish it, the defendant cannot examine the wife to disprove the marriage.
33. The amount of an express debt can- not be enlarged by application.
34. Contracts for advertisements in Sun- day newspapers cannot be enforced.
35. A seller of goods, chattels, or other property, commit- no fraud, in law, when he neglects to tell the purchaser of any flaws, defects, or unsoundness in the same.
36. The opinions of witnesses, us to the value of a dog that has been killed. are not admissible in evidence. The value of the animal is to be decided by the jury.
37. If any person puts a fence on or plows the land of another. he is liable for trespass whether the owner has sustained injury or not.
38. If a person, who is nnable from ill- ness to sign his will, has his hand guided in making his mark, the signature is valid.
39. When land trespassed upon is occu- pied by a tenant, he alone can bring the action.
40. To say of a person, "If he does not come and make terins with me. I will make a bankrupt of him and ruin him," or any wnch threatening language, is actionable, without proof of special damage.
41. In an action for slander, the party making the complaint must prove the words alleged ; other words of like meaning will not suffice.
42. In a suit of damages for seduction. proof of pregnancy, and the birth of a child, is not essential. It is sufficient if the ill- ness of the girl, whereby she was unable to labor, was produced by shame for the seduc- tion; and this is such a loss of service as will sustain the action.
43. Addressing to a wife a letter contain- ing matter defumatory to the character of her husband is a publication, and renders the writer amenable to damages.
41. A parent cannot sustain an action for any wrong done to a child, unless he has in- curred some direct pecuniary injury there- from in consequence of some loss of ver- vice or expenses necessarily consequent thereupon.
45. A master is responsible for an lujury resulting from the negligence of b !- - or- vant, whilst driving his curt or carris.e. provided the servant is at the time en und in his master's business, even though the accident happens in a place to which his master's business does not call hita ; but if the journey of a servant be solely for a pour- pose of his own, and undertaken with ut
31. Permanent erections and fixtures, made by a mortgagor after the execution of | the knowledge and consent of his ma-ter, the mortgage mem land conveyed by it, be- the latter is not responsible. come a part of the mortgaged premises.
46. An cmigrant depot Is not a nejrance in law.
47. A railroad track through the streets is ! not a nuisance in law.
1
LAW MAXIMS.
50
extent to which the libel has been published. The jury, in estimating the dauisyes, are to look at the character of the libel. and whether the defendant 1- rich or poor. The plaintiff'i- entitled, in all cases, to his ac- tual damages. and should be compensated for the meutal erfferings endured. the pub- lic disgrace inflicted, and all actual discom- fort produced.
49. Delivery of a husband's goods by a wife to her adulterer. he having knowledge that she bais then them withont her huế band'e authority, is suficient to en-tain an indictment for larceny against the adul- terer.
50. The fact that the insurer was not in- phuntalan recover only the amount stip- formed of the existence of impending liti- gation, affecting the premi-es m-ared. at the time the insurance was effected, doc- not vitlate the policy.
51. The liability of an innkeeper Is not confined to per-onut baggage, Init extends to all the property of the guest that he con- BULin to receive.
3. When a minor recentes a contract. and pays money, or deliver- property on this House, be cannes afterwards disafirm such contract and recover the ingfry. or prop- erty, unless he restores to the other parts the consideration received from him for such money or property.
53. When a person has, by legal Inqui-i. tien been found an babytest drunkard. le cannot, even in his nober intervals, make Contrarty to Find him-elt or hi- property. until the inquisition is reunited.
! Any person dealing with the repre- at ww. to be fully apprised of the extent of ' advance for premiume on policies of incur- -uch representative . authority to act in behalf of ruch e-tate.
M. In an action against a railroad com- paar, by a passenger, to creuser damage ... for injuries waslabel on the road. it is gut Megml-ory upon the danger to prove ac- is obligatory on the part of the latter to) pare that the injury was not owing to any fault or negligence of theiss.
63. A married woman can neither sue nor
48. In en action for libel against a news- paper, extracts from such newspaper may | he sued on any contract made by her dur- be riveu to show its circulation, and the / ing her marriage, except in an action relat- ing to ber individual property. The action nuist he commeuced either by or against her hu-baud. It is only when an action is brought on a contract made by her be- fore her marriage, that she is to be joined as a co-plaintid, or defendant, with her buy- baud.
50. Aby contract made with a person ju- dicially declared a lunatic is void.
GD. Money paid voluntarily in any trans- Antion, with a knowledge of the facts, can- nut be recovered.
fit In all cases of special contract for ser- tiers, except in the case of a minor, the ulsted in the contract.
62. A wife is a competent witness with b'r hus' and, to prove the contents of a lost trunk, or when n party.
63. A wife cannot be convicted of receiv- ing -toun goods when the received them of her husband.
(4. Insurance against fire, by lightning or otherwise, does not cover lose by lightning who u there is ho combustion.
65 Failure to prove ples of justification, in a case of siander, aggravates the offence.
66. It l= the agreement of the parties to we'll be attage. that constitution a sale by -ampi, not the miere exhibition of a speci- inn of the 22oud-
6. a npontja litble to his principals for loen cadred by his misstatements, tho' unistenti bul.
fs M act of promissory notea given in ance, thereafter to be takeu, are liable there- 01.
( An agreement to pay for procuring an appointment to offfee is void.
To An attorney may plead the statute of limitations, when raed by a client for mon- cy which be bas collected and failed to pay over.
1. Testimony given by a deceased wit- news on Ar-1 trial, is not required to be re- , prated verbatin on the second.
5%. A guest la competent witness. in an action between himmelfand an inn keeper. to prove the chargeter a: [ value of het ?? A person entitlin ; himself to a reward out. red for lost property, ha- a lien upon the property for the reward ; but only when a deAnte reward Is offered. rTrending the wait re - rally prepared by the traveler to date, Die rye non of part of him ba gt. Someof the :' Confession hy a prisoner must be vol- while at any in. the posted may prove fre untaring made to constitute evidence against ninount by his own forlide .. v.
57. The deed of a minor > not toolate's "I The t-frudaut in a snit must be very- vid. The can't to a Healthyder el with process; but service of such pro- from the instrument, whether it to wander transpon his wife, even in bir absence from not, according to its terias be up for ralle the State, is not. in the absence of statuto- or unfavorable to the interests of the author. ry provirious, sufficient.
51
LAW MAXIMS.
35. The measure of danages in tre-paan for cuttingtimber, i+ its vaine as a chattel on the land where it was filled. and not the which either supposed the other to be igno- market price of the lumber manufactured. rant, only when they stand in some special relation of truet and Confidence in relation to the subject matter of the contract. Bat neither will be protected if he does any- thing, however elight. to mislead or deceive the other.
Ti. To -apport an indictment for mali- clous mischief in killing an animal. mal- 10 .. towards its owner must be shown. not merely pas-ton excited against the animal i'self.
7. No action con be maintained against a sherif be omitting to a count for moucy obtain.nl upon an execution within a reas. onanie tit ic. Ile has till the return day to render an account.
7 An interest in the profits of an enter- prl-e, a- protlte, rendere the party hold- is it . tateiner in the enterprise, and todo- hum presumptively liable to share
"! Mais can marry at fourteen, and fe- 1,'alo- st twelve years of age.
31. All cattle fonnd at large upon any poth- i. rod !. can be driven by ally person to the pub .- 1 .. . ud.
-1 Any dog chasing, barking, or other- wine thre itetung a passer-by in any street. une. romel, or other publi thoroughfare. a ny be lawfully killed for the same.
¥2. A written promise for the payment fall' u antiount as may come Into the hand- of the promiser, i- heki to be an instru- mes In writing for the payment of money.
$3. The declaration of an agent is not ad- n :: 44ilir to establish the fet of agency .- But when other proper evidence is given. t. nding to establish the fact of arenev. it I- nul error to admit the declaration- t ; the a vet. accompanying acts, though tend- ing to show the capacity in which he act- md. When evidence i competent in rue aspect ami incompetent in another, it is the duty of the court to admit it, and con- tral it- c.fests by suitable instructions to i the jury
.:. The court has a general power to re- :pwo erspend an attorney for such im- total conduct as rendered him unworthy "front 'one in his official capacity.
" Bankruptcy is pleadable in bar to all 'for - and in all courts, and this bar may 1. 5\ !! whenever it is interposed. by .huv .. irsud in the procurement of the J'ai large, or a violation of any of the pro- 1 ... ". o' the bankrupt act.
Ni An instrument in the form of a deed. Iru 1. .. . to take edeet at the termination of p' / Tulo?'s natural life, is held to be a cord. uut a will.
4 ;. A sale will not be set aside aa frand- Jest. " reply brewuse the buyer was at the de ma , to miche the payment agreed 110., at ! knew his inability, and did not intend to pay.
82. No man is ur fer an obligation to' mate known his dreamstancer when he is buying goods.
$0. Contracting parties are bound to dis- close material facty known to each, but of
90. A contract negotiated by mail is forined when notice of acceptance of the of- fer i- duly deposited in the post-office, pro- perly addressed. This rule applies. although the party making the offer expre-siy re- quiver that if it is accepted. speedy notice of acceptance shall be given him.
91. The date of an instrument is so far a material part of it, that an alteration. of the date by the bolder after execution, makes the instrument void.
92. A corporation mar maintain an action for libel. for words published of thein and relating to its trade or business, by which it has incurred special daninges.
93. It is onprofessional for a lawyer who hne abandoned his case without tryit .; it. a term or two before trial, to claim; a de conditional upon the sarcess of his client, although his client was successful.
91. Although a party obtaining damas for injuries received through the defr.h of another, was himself guilty of not.getire. vet that will not gefe it his recovery. st.i.s hls negligence contributed to cause the in- jury.
05. A person may contract to labor for an. other during life, is consideration of recen . ing his support ; but his creditors have the right to inquire into the intention wih which sach arrangement Is made, and it will be set aside if entered into to deprive th-mn of his future earnings.
96. A grantor may hy express terms er. clude the bed of'n river, or a highway. mentioned as boundary ; but if without language of exclusion a line is described .. "along.' or ' upon,' er as ' running to' '.' highway or river, or as . by,'or ' rent. 'n_ In the bank of' the river; these expre ... . . curry the grantee to the center of the high- way or river.
97. The court will take pains to con -! "1.4 the words used in a deed in sach & # #1 3. to effect the intention of the partir ! .... . ever unskillfully the instrument 1. 1. 1. drawn. But acourt of law ca:11: 111 .51.⑈ un intelligible word plainly .mipbsel in deed for another, however ett at 6 :. 1v be that the word need was used by h.sehr for another.
98. One who has lost his inemory and understanding is aretled to legal protre- tion, whether such !-. Je occasioned by his own misconduct or by au net of I rovi- dence.
52
LAW MAXIMS.
90 When a wife leaves her husband vol. . 111. A man charged with crime before a untarily, it must be shown, in order to committing magistrate, but discharged on make him liable for necessaries furnished his own recognizance, is not privileged to her, that she could not stay with -afre. from arrest on civil process while returning Personal violence, either threatened or ilt- from the magistrate's office. dicted. will be sufficient cau-e for such sep- aration.
Im. Necessarie of dress furnished to a discarded wife mun-t correspond with the pecumars circumstances of the ku-band. all he such artifi's as the wife if | red-nt. would expect. ant the Mu-' in ' st 101 furni-h. if the parties lived harmoniou-ly together.
Ing Af ritis . from justice from one of the United State- tuanother. may be arrested
authority of the latter, witte it a jeeva. . demand for Me surrender by the i scurtive of the State wheter he dy
102. A watch will not pass onler a In- que-t of " wrasihy apparel" rer ot " household faraltare and ariel. fr foni. ly Ust "
18. Money paid for the purpose of set- support fors. cannot be recovered back by a par'y ping it.
104. An inakooper la liable for the 109th himself from liberty is showing that I drath was not occasioned by mi gue of his part.
115. Notice to the agent of a company 1- notice to the c ny ans.
10%. An en.player is not Balle to) one of hi-employe - foraning pv statedh. tte latter n con -erte of the bestof 0't .. general bras ... ...
15. Where a purchaser at & Sheraf - - 10 ha- lid the tall prie of piret aty under the erron og- thief that the -a. w.a. die Nest the property of alllens, it - t . J its the sale.
108. When mother of partiet to google the day of thed .......
be math J int prawn for the next jums.the minil.
100. A powd Po' part of a city. 3.1 . ties of pupponu 7. 1. 41.
th . time of the. . . -on, unindoredd's ?
though the body should part haser will not be hat the pond ..
112. When one has been Induced to sell gruals by means of false pretences, he can- hot recover them from one who has bona fid. purchased and obtained possession of them from the fraudulent vendor.
113. If the circumstances attendant upon J -de and deivery of personal property are such as u-nally and naturally accompany such a tra diction, it cannot be declared a legal fraud up in creditors.
114 \ stump impre -- ed upon an instrn- ment by way of coal, is good as a seal, if it : Po' n dir'e impression in the texture of the juip r
115 Hin party bound to make a payment ro dite uil sente to make a tender. but the sh the pavee's absence from home is ple to alud him or any agent authorized to Like fivigent for him. no forfeiture will hi ured through his failure to make a (,-2: ler.
Government Land Measure.
A town-hlp. 25 sections, each a mile Action, Glaces.
A whirter action, haif a mile square,
An. Fith section, half a mile long. north and south, nud a quarter of a mile wide, 80
1 - xh1.th section, a quarter of a mile
"tions are numbered from one to (''nt. rommeneing at the northeast
nwne
6
3
swSe
0
10
11
12
1:
15
11
13
19
23
24
-
27
21;
25
31 : 32 33
34
35
36
'! ho + tions are all divided in quarters, hate named by the cardinal point -. w fion one. The quarters are divi- 1 toone way. The description of .. Just would read: The south half www: half of the southwest quarter Hon; mtownship #1. north of range "'of it. the case might be : and some- w . w'll fall short, and sometimesoverrun the' i'amber of acres it is supposed to con- [ ... n.
53
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
-
THE DECIMAL SYSTEM
OF
WEIGHTS AND MEASURES.
As Authorized by Act of Congress -- Approved July 28, 1866.
STANDARDS.
In every system of Weights and Measures it is neer-sary to have what are called "in durda," as the pound, yard, gallon, , to be divided and multiplied into aller and larger parts and denominations. The definition and construction of these
" ifactor, and are made and procured by . The nominal Standards in the new .'in are the METER. the ARE. the LITER, IN':r GRAY. The only real Standard, the ! Wy which all the other standards are a. reid, and from which the eystein de- . . 's Game of " Metric." is the METER.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.