USA > New York > Herkimer County > Gazetteer and business directory of Herkimer County, N.Y. for 1869-70 > Part 6
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6th .- Bills altered from a smaller to a higher denomination, can readily be de- tected by a close observer, in consequence of the striking difference between the parts which have been extracted and the rest of the note. This difference is readily per- ceived in the lack of color, body and finish of the dye; we have seen bills where the
4th .- Examine the imprint or engraver's names in the evenness and shape of the | surrounding shading in altered dies was
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HOW TO SUCCEED IN BUSINESS.
too dark, but from the back or finish of the | tected by observing first the state, second white lines you have a sure test. Again the title or name of the bank, third the town or location. observe particularly the words " Five " or " Ten Dollars " as the case may be, denot- GENERAL REMARKS IN REFERENCE TO COUNTERFEITS .- The paper on which they are printed is generally of a very inferior quality, with less body, finish and tough- ness than bank note paper has. The ink generally lacks the rich luster of the gen- uine; the red letters and figures are gen- erally imperfect, and the ink does not pre- sent the vermillion hue as it should. The printing is generally inferior, usually ex- hibiting specks of white in the most promi- nent letters. The date and filling up, and the President's and Cashier's names are generally written by the same person, although in many instances they present a different appearance. There are bills in circulation bearing either genuine dies or vignettes ; but upon close examination you will be enabled to detect any spurious bill, whether counterfeit or altered, by the instructions here given, if persevered in for a short time. We beg to suggest, if time will admit, the learner should examine minutely every bill he receives. A pow- erful pocket magnifying glass, which can be purchased for from fifty cents to one dol- lar at any of the opticians, will greatly en- able you to see and comprehend the differ- ence between genuine and spurious work ing the denomination of the note; the parallel outlines and shading (if any) are coarse and imperfect. Alterations are fre- quently made by pasting a greater denomi- nation over a smaller, but by holding the bill up to the light, the fraud will be per- ceived. Another method resorted to is to cut out the figures in the dies as well as the words one dollar, or the words two or three as the case may be, and with a sharp eraser, scrape down the ends and also the edges of the pieces to be inserted; when the pieces thus prepared are affixed they are hardly perceivable; but by passing the note through the hand, so as to feel the die both with the finger and thumb at the same time, the fraud will be de- tected by the stiffness of the outer edges, "occasioned by the gum or method adopted" in affixing the parts. The letter S should always be examined, as in many alterations it is pasted or stamped at the end of the word " dollar;" and even when stamped there, the carrying out of the out- lines for its shading will readily show the fraud. Bills of broken banks are frequent- ly altered by extracting the name of bank, state and town; they may readily be de-
HOW TO SUCCEED IN BUSINESS. 1
What will my readers give to know how | her shrine. Now, all this is a vile slander to get rich ? Now, I will not vouch that upon the dear blind lady. the following rules will enable every per- Although wealth often appears the result of mere accident, or a fortunate concur- rence of favorable circumstances without any exertion of skill or foresight, yet any man of sound health and unimpaired mind may become wealthy, if he takes the prop- er steps. son who may read them to acquire wealth ; but this I will answer for, that if ever a man does grow rich by honest means, and retains his wealth for any length of time, he must practice upon the principles laid down in the following essay. The re- marks are not original with me, but I strongly commend them to the attention of every young man, at least as affording the true secret of success in attaining wealth. A single perusal of such an essay at an impressible moment, has sometimes a very wonderful effect upon the disposi- tion and character.
Fortune, they say, is a fickle dame-full of her freaks and caprices; who blindly distributes her favors without the slightest discrimination. So inconstant, so waver- ing is she represented, that her most faith- ful votaries can place no reliance on her promises. Disappointment, they tell us, is the lot of those who make offerings at
Foremost in the list of requisites are honesty and strict integrity in every trans- action of life. Let a man have the reputa- tion of being fair and upright in his deal- ings, and he will possess the confidence of all who know him. Without these qualities every other merit will prove unavailing. Ask concerning a man, "Is he active and capable ?" Yes. "Industrious, temper- ate and regular in his habits ?"-Oh yes. "Is. he honest? Is he trustworthy ?" Why, as to that, I am sorry to say that he is not to be trusted ; he needs watching ; he is a little tricky, and will take an undue advantage, if he can. "Then I will have nothing to do with him," will be the in
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HOW TO SUCCEED IN BUSINESS.
variable reply. Why, then, is honesty the best policy ? Because, without it, you will get a bad name, and everybody will shun you.
A character for knavery will prove an in- surmountable obstacle to success in al- most every undertaking. It will be found that the straight line is, in business, as in geometry, the shortest. In a word, it is almost impossible for a dishonest man to acquire wealth by a regular process of bus- iness, because he is shunned as a depreda- tor upon society.
Needy men are apt to deviate from the rule of integrity, under the plea that ne- cessity knows no law ; they might as well add that it knows no shame. The course is suicidal, and by destroying all confidence, ever keeps them immured in poverty, although they may possess every other quality for success in the world.
Punctuality, which is said to be the soul of business, is another important element in the art of money getting. The man known to be scrupulously exact in the ful- fillment of his engagements, gains the confidence of all, and may command all the means he can use with advantage ; whereas, a man careless and regardless of his promises in money matters will have every purse closed against him. Therefore be prompt in your payments,
Next, let us consider the advantages of a cautious circumspection in our inter- course with the world. Slowness of be- lief and a proper distrust are essential to success. The credulous and confiding are ever the dupes of knaves and impostors. Ask those who have lost their property how it happened, and you will find in most cases that it has been owing to mis- placed confidence. One has lost by en- dorsing, another by crediting, another by false representations ; all of which a little more foresight and a little more dis- trust would have prevented. In the af- fairs of this world men are not saved by faith, but by the want of it.
Judge of men by what they do, not by what they say. Believe in looks rather than words. Observe all their movements. Ascertain their motives and their ends. Notice what they say or do in their un- guarded moments, when under the influ- ence of excitement. The passions have been compared to tortures which force men to reveal their secrets. Before trusting a man, before putting it in his power to cause you a loss, possess yourself of every available information relative to him. Learn his history, his habits, inclinations and propensities ; his reputation for honor, industry, frugality and punctuality; his prospects, resources, supports, advantages and disadvantages ; his intentions and mo- tives of action; who are his friends and enemies, and what are his good or bad qual- ities. You may learn a man's good qualities and advantages from his friends-bis bad qualities and disadvantages from his ene- mies. Make due allowance for exaggeration in both. Finally, examine carefully before engaging in anything, and act with energy afterwards. Have the hundred eyes of
Argus beforehand, and the hundred hands of Briarius afterwards.
Order and system in the management of business must not be neglected. Nothing contributes more to dispatch. Have a place for everything and everything in its place ; a time for everything, and every- thing in its time. Do first what presses most, and having determined what is to be done, and how it is to be done, lose no time in doing it. Without this method all is hurry and confusion, little or nothing is accomplished, and business is attended to with neither pleasure nor profit.
A polite, affable deportment is recom- mended. Agreeable manners contribute powerfully to a man's success. Take two men, possessing equal advantages in every other respect, but let one be gentlemanly, kind, obliging and conciliating in his man- ners ; the other harsh, rude and disobliging; and the one will become rich, while the other will starve.
We are now to consider a very important principle in the business of money-getting, namely-Industry - persevering, indefati- gable attention to business. Persevering diligence is the Philosopher's stone, which turns everything to gold. Constant, regu- lar, habitual and systematic application to business, must in time, if properly directed, produce great results. It must lead to wealth, with the same certainty that pov- erty follows in the train of idleness and inattention. It has been truly remarked that he who follows his amusements in- stead of his business, will, in a short time, have no business to follow.
The art of money-saving is an important part of the art of money-getting. Without frugality no one can become rich ; with it, few would be poor. Those who consume as fast as they produce, are on the road to ruin. As most of the poverty we meet with grows out of idleness and extrava- gance, so most large fortunes have been the result of habitual industry and frugali- ty. The practice of economy is as neces- sary in the expenditure of time as of money. They say if "we take care of the pence the pounds will take care of them- selves." So, if we take care of the minutes, the days will take care of them- selves.
The acquisition of wealth demands as much self-denial, and as many sacrifices of present gratification, as the practice of virtue itself. Vice and poverty proceed, in some degree, from the same sources, namely-the disposition to sacrifice the future to the present ; the inability to fore- go a small present pleasure for great future advantages. Men fail of fortune in this world, as they fail of happiness in the world to come, simply because they are un- willing to deny themselves momentary en- joyments for the sake of permanent future happiness.
Every large city is filled with persons. who, in order to support the appearance of wealth, constantly live beyond their in- come, and make up the deficiency by contracting debts which are never paid. Others, 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 subsist by pirating on the hives of the in- dustrious. Many who run a short-lived career of splendid beggary, could they be but persuaded to adopt a system of rigid economy for a few years, might pass the remainder of their days in affluence. But no! They must keep up appearances, they must live like other folks.
Their debts accumulate; their credit fails ; they are harassed by duns, and be- sieged by constables and sheriff. In this extremity, as a last resort, they submit to a shameful dependence, or engage in crim- inal practices which entail hopeless wretch- edness and infamy on themselves and families.
Stick to the business in which you are regularly employed. Let speculators make 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- chanic, never buy lots or stocks, unless you 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- pations 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
Numerous 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- stead, 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. Application must be made to the Reg- ister 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 desirous of obtaining lands.
The minimum price of ordinary public lands is $1,25 per acre. The even or re- served sections falling within railroad grants are increased to double the minimum price, being $2,50 per acre.
Lands once offered at public sale, and not afterwards kept out of market by reserva- tion, or otherwise, so as to prevent free competition, may be entered or located.
2. By the applicant filing with the Regis- ter his written application describing the
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 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 qualified, upon his compliance with the requirements of the pre-emption laws of 4th September, 1841, and 3d March, 1843; 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 acts .- Then he can enter the land at $1,25, either in cash or with bounty land warrant, unless the premises should be $2,50 acre lands. In that case the whole purchase-money can be paid in cash, or one-half in cash, the residue with a bounty land warrant.
4. But if parties legally qualified desire to obtain title under the Homestead Act of 20th May, 1862, 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, 1862.
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 land 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 file 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 unoffered surveyed lands not ac- quired under pre-emption, homestead, or 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 funds in their hands, al- though no profit shall have been made upon them, unless the exigencies of the estate rendered it prudent that they should hold the funds thus uninvested.
3. Any person who voluntarily becomes 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 improvements made on the adjoining lot, the owner of such cannot recover damages, because it is pre- sumed 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 master, for the purpose of saving life, and a part of the crew subse- quently meet the vessel so abandoned and bring her safe into port, they will be enti- tled to salvage.
6. A person who has been led to sell goods by means of false pretenses, cannot recover them from one who has purchased them 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.
8. 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 ånd 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 stran- ger does not preclude the operation of the statute.
13. The fruits and grass on the farm or garden of an intestate descend to the heir.
14. Agents are solely liable to their prin -· cipals.
15. A deposit of money in bank by a hus- band, in the name of his wife, survives 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 consigns 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 restore 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 prosecute 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 fire service.
29. 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 marriage is not ne- cessary. Cohabitation, reputation, and the admission of marriage by the parties, are sufficient.
31. Permanent erections and fixtures, made by a mortgagor after the execution of the mortgage upon land conveyed by it, be- come a part of the mortgaged premises.
32. When a marriage is denied, and plain- tiff has given sufficient evidence to estab- 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, 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 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 unable 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 terms 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 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 defamatory to the character of her husband is a publication, and renders the writer amenable to damages.
44. 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 ser- vice or expenses necessarily consequent thereupon.
45. A master is responsible for an injury resulting from the negligence of his ser- vant, whilst driving his cart or carriage, provided the servant is at the time engaged in his master's business, 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- pose 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 railroad track through the streets is not a nuisance in law.
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LAW MAXIMS.
48. IF an agreement upon which & party relies be oral only, it must be proved by evidence. But if the contract be reduced to writing, it proves itself; and now no evidence whatever is receivable for the purpose of varying the contract or affecting its obligations. The reasons are obvious. The law prefers written to oral evidence, from its greater precision and certainty, and because it is less open to fraud. And where parties have closed a negotiation and reduced the result to writing, it is pre- sumed that they have written all they in- tended to agree to, and therefore, that what is omitted was finally rejected by them .- [PARSONS.
49. Delivery of a husband'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 indictment for larceny against the adul- terer.
50. The fact that the insurer was not in- formed of the existence of impending liti- gation, affecting the premises insured, at the time the insurance was effected, does not 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- sents to receive.
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