Gazetteer and business directory of Montgomery and Fulton counties, N.Y. for 1869-70, Part 7

Author: Child, Hamilton, 1836- comp. cn
Publication date: 1870
Publisher: Syracuse : Printed at the Journal office
Number of Pages: 644


USA > New York > Fulton County > Gazetteer and business directory of Montgomery and Fulton counties, N.Y. for 1869-70 > Part 7
USA > New York > Montgomery County > Gazetteer and business directory of Montgomery and Fulton counties, N.Y. for 1869-70 > Part 7


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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 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42


HOW TO SUCCEED IN BUSINESS.


What will my readers give to know how | her shrine. Now, all this is a vile slander to get rich? Now, I will not vonch 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 effort upon the di-posi- tion and character."


Fortune, they say, is a Rekle dame-fall | capable ?" Yo. "Industrious, tomper.


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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 reputi- tion of being fair and upright in his dea !. ings, and he will possess the confidence of all who know him. Without these qualitie + every other merit will prove unvaltite :. Ask concerning a man, " Is he active ard ate and regular in his habit- ? "- Oh y ... "Is he honest! Is he trustworthy ?" Why, as to that, I am sorry to say that he is not to be trusted : he needs watdin .: : he is a little tricky, and will take au l'ata. advantage, if he can. "Then Iwill have nothing to do with him," will be the it


46


HOW TO SUCCEED IN BUSINESS.


variable reply. Why, then, is honesty the | Argus beforehand, and the hundred hands best policy ? Because, without it, you will of Briarius afterwards. 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 chnuned 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 inight as well add that it knows no shame. The course is suicidal, and by destroying all confidence, ever keeps them immared in poverty, although they may possess every other quality for success in the world.


Puuctnality, 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 nee 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 cautions 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 dapes of knaves and impostors. Ask those who have lost their property how it happened, and you will find in !part of the art of money-getting. Without most cases that it has been owing to mis- placed confidence. One has lost by on- dorsing, another by crediting, another hy 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- euce of excitement. The passions have Leen compared to tortures which force men to reveal their secrets. Before trusting a man, before putting it in his power to can-e 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 prospecte, resources, supports, advantages and disadvantages ; his intentions and mo- tives of action: who are his friends and entjes. : d what are hisgood or bad onal- ities. You may learn a man's good qualities and advantages from his friends-his 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


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 pre-se: most, and having determined what is to be done, and how it is to be done, lose no time in doing it. Withont 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 gentlemanty, kind. obliging and conciliating in his man- hers; 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- eable attention to business. Persevering diligence is the Philosopher's stone, which turns everything to gold. Constaut. reg :- lar, habitual and systematic application to business. must in time, it 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 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 grow- ont of idleness and extrava- rance, so most large fortunes have been the result of habitual industry and frugali- ty. The practice of economy is as neces- Fary 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 nnnntes, 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- gro a > inall present pleasure for great feinre advantages. Men fail of fortune in this workl'as they fail of happiness in the world to come, simply because they are nn . willtry to deay themselves momentary en- joymacht - for the sake of frinament future


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 ot so-


47


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- siezed 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 yon nuder- "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 | tract. with its area ; the Register will then 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 circalar 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 minimumun price of ordinary public inmais is $1.25 per acre. The even or ro- served section- felting within railroad grants are increased to double the minimum price, being $20 per acre.


Lands once offered at public sale, and not afterwards kept out of inarket 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 foutl fo be so, the applicant must pay that prier per acre, or may locate the same with lana 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 parent, which nav 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 3 ch the requirements of the pre-emption las - of 4th September. 1:41. and Bd March. 1-13: and after such party shall have made to. tual settlement for such a length of this. as will show he designs it for his perps- nent home, and is acting in good fort .. building a house and residing therein. may proceed to the district land offire .. tablish his pre-emption claim accordu law, by proving his actual residence a". cultivation, and showing that he is of wise within the parview of the Then Le can enter the lund at gt: in ca : or with bounty land warr"i.". the premises should be $4.50 a. In that case the whole purchase meri . f. be paid in cash, or one-half in . pent. the residne with a bounty land warrar !.


4. But if parties legally qualified de aire 2. By the applicant filing with the Regis- [ to obtain title under the Hom-road .; ter his written application describing the of 20th May, 1802, 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, 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 snilicient 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 honse is rendered untenanta- ble in consequence of improvements made on the adjoining lot, the owner of such cannot recover damages, because it is pre- sunned that he had knowledge of the ap- proaching danger in time to protect him- self from it.


6. A person who has been led to sell goods by means of false pretenses, cannot recover them from one who has parchased 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 hfinself 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- ual 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 stran- ger does not preclude the operation of the statute.


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- 13. The fruits and grass on the farm heir. quently meet the vessel so abandoned and for garden of an inte tate descend to the bring her sate into port, they will be enti- ) uled to salvage.


14. Agents are solely liable to their prin- cipals.


15. A deposit of money in bank by a hus- hotel, 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- diet.


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.


20. 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, bo- come a part of the mortgaged premises.


22. When a marriage is denied, and plain- titl' 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.


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 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.


89. 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 sudice.


42. In a snit of damages for seduction. proof of pregnancy, and the birth of a chili, is not essential. It is sufficient if the ili. 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.


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 ser- vice or expenses necessarily consequent thereupon.


45. A master is responsible for an injury resulting from the negligence of his wir. vant. whilst driving his cart or carriage. provided the servant is at the time enza !! in his master's business, even though : [" accident happens in a place to which !' master's business does not call him ; Weit :? the journey of a servant be solely for a ja ?. pose of his own, and undertaken wil. nt the knowledge and consent of his nid-ar .. the latter is not responsible.


46. An emigrant depot is not a nuisance in Inw.


47. A railroad track through the street . 1+ not a nuisance in law.


50


LAW MAXIMS.


48. IF an agreement upon which a party relies bo 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 frand. 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.


52. When a minor executes a contract, and pays money. or delivers property on the same. he cannot afterwards disafirm such contract and recover the money, or prop- erty, unless he restores to the other party. the consideration received from him for such money or property.


53. When a person has, by legal ingnisi- tion been found an habitual drankard. he cannot, even in his sober intervals, make contracts to bind himself or his property, until the inquisition is removed.


54. Any person dealing with the repre- sentative of a deceased person. is presumed. in law, to be fully apprized of the extent of such representative's authority to act in behalf of such estate.


55. In an action against a railroad com- pany, by a passenger, to recover damage. for injuries sustained on the road, it i- bot compulsory npon the plaintiff to prove a. tual negligence in the defendants ; but ithey which he has collected and failed to pay is 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 witness. it sa action between himself and an inn keeper. to prove the character and value of list personal baggage. Money in a trunk. But exceeding the amount reasonably required ; by the traveler to detay the expri - the journey which be has undertaken. while at any inn, the plaintiff mas prosent- amount by his own testimony.


58. A married woman can neither sne nor be sned on any contract made by her dur- ing her marriage, except in an action relet- ing to her individual property. The action must be commenced either by or against her husband. 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-plaintiff, or defendant, with her hus- band.


59. Any contract made with a person ja- 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.


62. A wife is a competent witness with her husband, to prove the contents of & lost trunk, or when a party.


63. A wife cannot be convicted of receiv- inr stolen goods when she received them of her husband.


64. Insurance against fire, by lightning or otherwise, does not cover loss by lightning when there is no combustion.


63. Failure to prove plea of justification, in a case of slander, aggravates the offence.


66. It is the agreement of the parties to sell by sample that constitutes a sale by emple, not the mere exhibition of a speci- men of the goods.


67. An agent is liable to his principals for loss caused by his misstatements, tho' naintentional.


64. Makers of promissory notes given in advance for premium- on policies of in-ur- ance, thereafter to be taken, are liable there- 011.


69. An agreement to pay for procuring an appointment to office is void.


70. An attorney may plead the statute of limitations, when ened by a client for mon- over.


71. Testimony given by a deceased .wit- news on first trial, j4 uot required to be re- ; prated verbatim on the second.




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