USA > New York > Cortland County > Gazetteer and business directory of Cortland County, N. Y., for 1869 > Part 7
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mie -. Make due allowance for exaggeration in both. Finally, examine carefully before eummeing in anything, and net with energy afterwards. Have the hundred eyes of ; Othere, there are, the mere drones of so-
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HOW TO SECURE THE PUBLIC LANDS.
ciety, who pass their days in idleness, and ! Stick to the business in which you are enbrist by pirating on the hives of the in- | regularly employed. Let speculators make dustrions. Many who run a short lived thousands in a year or a day : mind your own regular trade, never turning from it to the right hand or to the left. If you are a merchant, a professional man, or a me- career of splendid beggary, could they he but persuaded to adopt a system of rigid economy for a few years, might pass the remainder of their days in affluence. But| chanie, never buy lots or stocks, unless no! They must keep up appearances, they must live like other folks.
Their debts accumulate; their credit faits : they are haras-ed by duins, and be- siered by constables and sheriff. In this extremity, as a last resort, they submit to a shameful dependence, or enrage in crim- inni practices which entail hopeless wretch- odness and infamy on themselves and families.
yon have surplus money which you wish to invest. Your own business you under- stand as well as other men ; but other peo- ple's business you do not understand. Let your business be some one which is useful to the community. All such occu- pationa possess the elements of profit in themselves.
How to Secure the Public Lands,
OR THE ENTRY OF THE SAME UNDER THE PRE-EMPTION AND HOMESTEAD LAWS.
The following circular gives all necessary information as to the procedure necessary in purchasing and securing the public lands:
DEPARTMENT OF THE INTERIOR, GEN'L LAND OFFICE, July 19, 1865. 5
Numerony questions having arisch as to the mole of procedure to pairchase public late ts, or acquire title to the same by bounty landi locations, by pre-emptions or by home- sto ul. this circular is communicated for the information of all concerned.
In order to acquire title to public lands the following stop- must be taken :
1. Application must be made to the Reg- is'or of the district land office in which the land desired may be situated.
A list of all the land offices in the United States is furnished by the Department, with the seats of the different offices, where it is the duty of the Register and Receiver to be in attendance. and give proper facilities and information to persons desiron- of obtaining lands.
tract. with its area ; the Register will then 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 previons to the delivery to him of the patent. which may be had either by application for it to the Regi-ter or to the Corneral Land Office.
3. If the tract has not been offered at publie sale it is not liable to ordinary pri- Vite entry, but may be secured by a party legally qualified, upon his compliance with the requirements of the pre-emption law- of #th September, ISH, and al March. 1~## and after such party shall have made ac- tual settlement for such a length of time as will show he design- it for his perma- nent home, and is acting in good faith, building a house and re-iding therein, he mas proceed to the district land office. es- tablish hi- pre-emption claim according to low, by proving his actual residence and enPrivation. and showing that he is other- wise within the purview of these acts .-
The minimum price of ordinary public Innl4 is $1.25 per acre. The even or re- served sections falling within railroad ; Then he can enter the land at $1,25. cithet grant - are inerensed to double the minimum ! in cash or with bounty land warrant. nule. price, being $ 2.50 per acre. the premises should be $2.50 acre land -.
Lands ones offered at public sale, and not In that case the whole purchase-money can afterwards kept out of market by reserva the gold in cash, or one-half in cash, the tion, or otherwise, so as to prevent free , residue with a bounty land warrant. comp sition, may be entered or located.
4. But if parties legally qualified desire to obtain title under the Homestead let
2. By the applicant tilin ; with the Regis- ! ter his written application describing the 1 of 20th May, 1562, they can do so on com-
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LAW MAXIMS.
plying with the Department Circular, dated | that the claimant has made the land his 30th October. 1x/2.
5. The law confines Homestead entries to surveyed lands; and although, in cer- tain States and Territories noted in the sub- joined li-t, pre-emptors may go on land be- fore survey, yet they can only establish their claim after return of survey, but must filo 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 file within three months after date of set- tlement ; and where actual residence and cultivation have been long cuough to show
permanent home, he can establish bis claim and pay for the same at any time before the date of the public sale of lands within the range in which bis settlement may fall.
6. All unoffered surveyed lands not ac- quired under pre-emption, homestead. o: otherwise, under 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 24, 1820.
J. M. EDMUNDS. Commissioner General Land Office.
LAW MAXIMS.
1. A promise of a debtor to give "satis- factory security" for the payment of a por- tion of his debt, is a sufficient considera- tion for a release of the residue by his creditor.
2. Administrators 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 estote ren tered it prudent that they should holl the funds thus nuinvested.
3. Any person who voluntarily becomes an agent for another, and in thit capacity obiains 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 -object of his agency, to communicate such information.
4. When a house is rendered antenant- hle in consequence of improvement- made on the adjoining lot, the owner of such cannot recover damages, because it is pre- wird that he had knowledge of the ap- proaching danger in time to protect him- self from it.
5. When a merchant ship is abandoned by order of the ma-ter, for the purpose of saving lite. aml & part of the crew subse- quently meet the vessel so abandoned and Bring her safe into port, they will be enti- tled to salvare.
6. A person who has been led to sell good- by means of false pretences, cannot recover them from one who has purchased thein in good faith from the fraudulent vendor.
7. An agreement by the holder of a note to give the principal debtor time for pay- ment, without depriving himself of the right to sue, does not discharge the surety.
S. A seller of goods who accepts, at the time of sale, the note of a third party, not endorsed by the buyer, in payment, can- not in case the note is not paid, hold the buyer responsible for the value of the goods.
9. A day-book copied from a "blotter" in which charges are first 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 foresight.
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 sale.
12. Acknowledgment of debt to a thran- ger does not preclude the operation of the statute.
13. The fruits and graas on the farm or garden of an intestate descend to the heir.
11. Agents are solely Hable to their prin- cipals.
15. A deposit of money in bank by a hus- band, in the name of his wife, surviver to her.
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LAW MAXIMS.
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- riage.
20. An action for malicious 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 con-iens goods to B to sell ou 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 restore the same. If, on finding such property, he attempts to conceal such fact, he may be prosecuted for larceny.
21. A private person may obtain an in- junction to prevent a public mischief by which he is affected in common with others.
25. Ally per-on interested may obtain an injunction to restrain the State or a munici- pal corporation from maintaining a nuisance on its lands.
26. A discharre under the insolvent laws of one State will not discharge the in-ol- vent from a contract ma le with a citizen of another State.
27. To prosecute a party with any other motive than to bring him to justice, is malicions prosecution, and actionable as such.
23. Ministers of the gospel, residing in any incorporated town. are not exempt from jury, military, or fire service.
20. When a person contracts to build a house, and is prevented by sickness from finishing it, he can recover for the part per- formed, if such part is beneficial to the other party.
30. In a suit for enticing away a man's wife, actual proof of the mirring, is not ne- cessary. Cohabitation, reputation, and the a'lmission of marriage by the parties, are sufficient.
01. Permanent erections and fixtures. made by a morteagor after the ervention of the mortgage upon land conveyed by it, be- | come a part of the mortgaged premi -.-.
32. When a marriage is denied, and plain- tith 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.
31. Contracts for advertisements in Sun- day newspapers cannot be enforced.
35. A seller of goods, chattels, or other property, commits 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, as 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 pnt- 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 auable 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 ocen- pied by a tenant, he alone can bring the action.
40. To say of a person, " If he does not come and make term- with me. I will make a bankrupt of him and ruin him, "or any such 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 butlice.
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 sedue. tion ; and this is such a loss of service as will sustain the action.
43. Addressing to a wife a letter contain- ing matter defamatory 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 bas in- curred some direct pecuniary injary there. from in consequence of some loss of ser- vice or expenses necessarily consequent thereupon.
45. A master is responsible for an injury resulting from the negligence of his ver- vant, whilst driving his eart of carriage, provided the servant is at the time engaged in his master's lo-iness, even though the accident happens in a place to which his master's business does not call him ; but if the journey of a servant be solely for a pur- pese of his own, and undertaken without the knowledge and consent of his master. the latter is not responsible.
46. An emigrant depot is not a nuisance in law.
47. A rallroad track through the streets ia not a nuisance in law.
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LAW MAXIMS.
16. In an action for libel against a news- palper, extract from each newspaper may Te Tiven to show its circulation, and the extent to w bien the libel has been published. Tojery, in estimating the damages, are took at the character of the libel, and whether the defendant is rich or poor. The plaintiff i- entitled, in all cases, to his ar- til damages, and should be compensated for the mental sufferings endured, the pub- lic disgrace inflicted, and all actual discom- fort produced.
-19. Delivery of a lineband's goods by a wife to her adulterer. he having knowledge that she has taken them without her hus- band's authority, is sufficient to sustain an incletment for larceny against the adul- terer.
50. The fact that the insurer was not in- formed of the existence of impending liti- rition, affecting the premises in-ared, at the time the insurance was effected, does hot vitiate the policy.
51. The liability of an innkeeper is not confined to personal baggage, but extends to all the property of the guest that he con- sexis to receive.
52. When a minor executes a contract. and pays money, og delivers property on the Fare. It cannot afterwards disafirm such contract and recover the money, or prop- erty, tinleve he restores to the other party the consideration received from him for stich money or property.
53. When a person has, by legal inquisi- tion been found au habitual drunkard, he cannot, even in his sober intervals, make contracts to binI biniself or his property, un il the inquisition is removed.
:1 Any person dealing with the repre- re :tative of a decreased person, is presumed. ia la s. to be folly apprized of the extent of much representative's authority to act in behalf of such estate.
55. In an action against a rafroid com- rany, by a passenger, to recover damages for injuries sustained on the road. it is not e impulsory npon the plaintiff to prove ge- taal negligence in the defendant- ; but it i- obligatory on the part of the latter to prove that the injury was not owing to any fault or negligence of theirs.
56. A guest is a competent witnesa, in an action between himself and an inn-keeper. to prove the character and value of lost Ir r-opal bagage. Money in a trunk, not exe odling the amount reasonably required by the traveler to defray the expenses of the journey which he has nudertaken. is a jest at his bagage; and in case of its low while at any inn. the plaintiff may prove its amohut by his own testimony.
5S. A married woman can neither sue Lor be sued on ans contract made by her dur- ing her marriage, except in an action relat- ing to her individual property. The action must be commenced either by or against her husband. It is only when an acti m is brought on a contract made by her be- fore her marriage. that she is to he joined as a co-plaintiff, or defendant, with her hus- band.
50. Any contract made with a person ju- dicially declared a lunatic is void.
60. Money paid voluntarily in any trans- action, with a knowledge of the facts, can- not be recovered.
61. In all cases of special contract for ser- vices, except in the case of a minor. the plaintiff can recover only the amount stip- ulated in the contract.
(2. A wife is a competent witness with her husband, to prove the contents of a lost trunk, or when a party.
63. A wife cannot be convicted of receiv- ingatolon goods when she received them of her husband.
64. In-france against fire. by lightning or otherwise, does not cover loss by lightning when there is no combustion.
05. Faikun to prove ples of justification, in a case of slander, aggravates the offence.
66. It is the agreement of the parties to sell by sample that constiinte- a sslo hy sample, not the mere exhibition of a speci- men of the good -.
67. An agent is liable to his principals for loss caused by his misstatements, tho' unintentional.
68. Makers of promissory notes given in advance for premiums on policies of invar- ance, thereafter to be taken, are liable there-
69. An agreement to pay for procuring an appointment to office is void.
TO. An attorney may plead the statute of limitations, when sted by a client for mon- ey which he has collected and failed to pay over.
71. Testimony given by a deceased wit- uess on tiret trial. is not required to be re- peated verbatim on the second.
72. A person entitling himself to a reward offered for lost property, has a lien upon the property for the reward : but only when a i definite rewar t is offered.
73. Confession by a prisoner must be vol- untarily minde, to constitute evidence against him.
71. The defendant in a suit toust be serv- ed with process : bat service of anch pro- cers upon his wife, even in his absence from ry provisions, sufficient.
57. The deed of a minor is not absolutely vopl. The court is authorized to judge, from the instrument, whether it is void or not. according to its terms being favorable | the State. is not. in the absence of statuto- or unfavorable to the interests of the minor.
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LAW MAXIMS.
76. To support an indictment for mali- cioas mischief in killing an animal, mal- ice towards it- owner must be shown, not merely passion excited against the animal itself.
77. No action can be maintained against a sheriff for omitting to account for money obtained upon an execution within a reas- onable time. He has till the return day to reader such account.
78. An interest in the profits of an enter- prise. as prout-, renders the party bolt- log it a partner in the enterprise, and makes him presumptively hable to share any loss.
12. Males can marry at fourteen, and fe- males at twelve years of age.
80. All cattle found at large upon any pub- lic road, can be driven by any person to the public pound.
$1. Any dog chasing, basking, or other- | has abandoned his case without trying it. wise threatening a passer-by in any street. , a term or two before trial, to claim a fe lane, road, or other public thoroughfare. may be lawfully killed for the same.
82. A written promise for the payment of such amount as iny come into the hands of the promisor. is Letil to be an instru- ment in writing for the payment of money.
83. The declaration of an agent is not ad- mi-sible to establish the fact of Agency .- But when other proper evidence is given. tending to " tablish the fact of aummer, it is not error to admit the declarations of the agent. accompanying arte. though tend- ing to show the capacity in which he art- ed. When evidence is competent in one respect and incompetent in another, it is The daty of the evert to admit it, and cou- trol its effects by suitable in -tractions to the jury.
$5. Bankrupter is pleadable in bar to all action atot in all court-, and this bar may be avoided whenever it is interpored, by showing frand in the procurement of the discharge, or a violation of any of the pro- vision- of the bankrupt avt.
86. An instrument in the form of a deed. bat linated to take effect at tn. termination of the grantor's natural ifte, is held to be a det. not a will.
BE. A sale will not be ret belde as frand- ilest. simply because the buyer wa- at the time unable to make the payment and un, and knew his inability, and did not. Intend to pay.
S9. Contracting parties are bound to dis-
15. The measure of damages in tre-pass fer cutting timber, is ite value as a chattel | close material facts known to each, but of on the land where it was felled, and not the market price of the lamber manufactured. which either supposes the other to be igno- rant, only when they stand in some special relation of trust and confidence in relation to the subject matter of the countr ... t. Bat neither will be protected if he doe- any- thing, however slight, to mislead or deceive the other.
00. A contract negotiated by mail is forined when notice of acceptance of the of- for is duly deposited in the post office. pro- perly addre-sed. This rule applies, although the party making the offer espressiy re- quires that if it is accepted. speedy notice of acceptance shall be given him.
91. The date of au instrument is so far s material part of it, that an sheration of the date by the holder after csvcution, makes the instrument void.
92. A corporation may maintain an action for libel, for words published of them and relating to its trade or business. by which it has incurred special damages.
93. It is unprofessional for a lawyer who
conditional nyon the success of his client, although his client was succesef :. l.
94. Although a party obtaining damages for injuries received through the defrit of another, was himself guilty of negligence, vet that will not dobut his recovery. unless his negligence contribated to cause the in- jury.
05. A person may contract to labor for at. other during Bife. in consideration of receiv- ing hi- support ; but hi- creditors have the right to inquire into the intention with which such arrangement is made, and it will be set aside if entered into to deprive them of his future earnings.
96. A grantor may by express term- ex-
> I. The court has a general power to re- elude the bed of a river, or a highway. move or -a-tward an attorney for such im- moral conduct as rendered him uaworthy of confidence in his official capacity.
mentioned as boundary: but if without language of exclusion a line is described as . along,' or . upon,' or as f ruuminz to ' the highway or river, or as . by.' or ' rounds to the bank of the river : these PROMO carry the grantee to the center of the high- way or river.
97. The court will take pains to constric the words used in a deed in such a way as to odvet the intention of the parties. how- ever unskillfully the instancent may be drawn. But a court of law ca met exchange un intelligible word plainly employed in a deed for ant ther, however evident i. may be that the weed used was used by mistake for another.
9. One who has lost his memer; and understanding is entitled to legal pour- SS. No man to under an obligation to tion, whether such love is been totu ! by make known his circumstances when he is his own mi-conduct or by an act of Provi- buying goods.
dence.
!
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LAW MAXIMS.
99. When a wife leaves her husband vol- untarily, it must be shown, in order to make him liable for necessaries furni-hed to her, that she could not stay with safety. Personal violence. either threatened or in- ficted. will be sufficient cause for such sep- aration.
100. Nece-saries of dress furnished to a discarded wife must correspond with the freuniary circumstances of the husband, and be such articles as the wife, if prudent. would expect, and the husband should furnish. if the parties lived harmoniously together.
101. A fugitive from justice from one of the I'nited State- to another, may be arrested and detained in order to his surrender by authority of the latter, without a previous demand for his surrender by the executive of the State whence he iled.
102. A watch will not pass under a be- quest of "wearing apparel," nor of " household furniture and articles for fami- ly use."
103. Money paid for the purpose of set- ting or compounding a prosecution for a supposed felony. cannot be recovered back by a party paying it.
104. An innkeeper is liable for the death of an animiil in his possession, but may free himself from liability by showing that the death was not occasioned by negligence on his part.
105. Notice to the agent of a company is notice to the company.
106. An employer is not liable to one of hi- employee, tor an injury su-tained by the latter in consequence of the neglect of oth- er- of his employees engaged in the same general bu-iness.
107. Where a purchaser at a Sheriff's sale has bid the fall price of property under the erroneous belief that the sale would di- ve-t the property of all liens, it is the duty of the court to give relief by setting aside the sale.
108. When notice of protest is properly sent by mail, it may be sent by the mail of the day of the dishonor: if not. it must be mailed for the mail of the next day : ex- cont that if there is none, or it closes at an tb-vasonably early hour, then notice must be mailed in season for the next possible mail.
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