USA > New York > Ontario County > Gazetteer and business directory of Ontario County, N.Y., for 1867-8 > Part 12
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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 neglect- to tell the purchaser of any flaws, defects, or unsoundness in the same.
36. The opinions of witnesses, as to the valne 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 snch 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 snit of damages for seduction, proof of pregnancy, and the birth of a child, is not essential. It is sufficient if the ill- hess of the girl, whereby she was unable to lahor, wa- 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 ha-band 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 inaster 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 withont 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.
95
LAW MAXIMS.
48. In an action for libel against a news- paper. extracts from such newspaper may be given to show its circulation, and the extent to which the libel has been published. The jury, in estimating the damages, are to look at the character of the libel, and whether the defendant is rich or poor. The plaintiff i- entitied, in all cases, to his ac- tual damages, and should be compensated for the mental sufferings endured. the pub- lie disgrace inflicted, and all actual discom- fort produced.
13. Delivery of a husband's goods by a wife to her adulterer, he having knowledge that she has taken them without Les 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 disantirm such contract and recover the money. or prop- erty, unless he restores to the other party the consideration received from bim for such money or property.
53. When a person has, by legal inquisi- tion been found an habitual drunkard he cannot, even in his sober intervals. . colitracts to bind himself or his pre ý,
until the inquisition is removed.
55. In an action against a railroad com- pany. by a passenger, to recover damages for injuries sustained on the road, it is not compulsory upon the plaintiff to prove ac- tual negligence in the defendants; but it is obligatory on the part of the latter to prove that the injury was not owing to any fault or negligence of theirs.
58. A married woman can neither sue nor be sued on any contract made by her dur- ing her marriage, except in au action relat- 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 he- 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 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.
62. 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- ing stolen goods when she received them of her husband.
64. In-nrance against fire, by lightning or otherwise. does not cover loss by lightning when there is no combustion.
65. Failure to prove plea of justification, in a case of elander, aggravates the offence.
66. It is the agreement of the parties to sell by sample that constitutes a sale by sample. not the mere . exhibition of a speci- men of the goods.
67. An agent is liable to his principals for loss reused by his misstatements, tho' unintentional.
54. Any person dealing with the repre- sentative of a deceased person, is presumed. 63. Makers of promissory notes given in in law, to be fully apprized of the extent of , advance for premiums on .policies of insur- euch representative's authority to act in . ance. thereafter to be taken, are liable there- behalf of such estate. un.
0). An agreement to pay for procuring an appointment to office is void.
Tu. An attorney may plead the statute of limitations, when sned by a client for mon- ry which he has collected and failed to pay over.
71. Testimony given by a deceased wit- nowe on fir-t trial, is not required to be re- peated verbatim on the second.
56. A guest is a competent witness, in an action between himself and an inn-keeper. to prove the character and value of lost 72. A person entitling himself to a reward offered for lost property, has & lien upon the property for the reward ; but only when a definite reward iy offered. personal baggage. Money in a trunk, not exceeding the amount reasonably required by the traveler to defray the expenses of the journey which he has undertaken, is a part of his baggage : and in case of its loss. 13. Conf -- lon by a prisoner must be vol- him. while at any inn, the plaintiff may prove its | untarily made. to constitute evidence against amount by his own testimony.
ST. The deed of a minor is not absolutely void. The court is authorized to judge. from the instrument, whether it is void or not. according to its terms being favorable or unfavorable to the interests of the minor. [ ry provisions, sufficient.
71. The'd fondant in a suit must be serv- ed with process; but service of such pro- cess upon his wife, even in his absence from the State, j- not. ju the absence of statuto-
96
LAW MAXIMS.
75. The measure of damages in trespass for cutting timber, is its value as a chattel on the land where it was felled, and not the market price of the lumber manufactured.
76. To support an indictment for mali- cions mischief in killing an animal, mal- ice towards its 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 exeenrion within a reas- ouable time. He has till the return day to render such account.
73. An interest in the profits of an enter- prise, as profits, renders the party hold- ing it a partner in the enterprise, and makes him presumptively liable to share any loss.
79. 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.
81. Any dog chasing, barking, or other- wise threatening a passer-by in any street. lane, road, or other public thoroughfare, may be lawfully killed for the same.
82. A written promise for the payment of such amount as may come into the hands of the promisor, is hell to be an instru- ment in writing for the payment of money.
83. The declaration of an agent is not ad- : missible to establish the fact of areney .- But when other proper evidence is p n. tending to establish the fact of age' it
is not error to admir the declaratio . the agent. accompanying acts, though tend- ing to show the capacity in which he act-
ed. When evidence is competent in one ! which sich arrangement is made, and it will
respect and incompetent in another, it is the duty of the court to admit it, and con-
trol its effects by suitable instructions to the jury.
84. The court has a general power to re- move or suspend an attorney for such im- moral conduct as rendered him unworthy of confidence in his official capacity.
$5. Bankruptcy is pleadable in bar to all actions and in all coarts, and this bar may be avoided whenever it is interposed, by showing fraud in the procurement of the discharge, or a violation of any of the pro- visions of the bankrupt act.
86. An instrument in the form of a deed. bnt limited to take effect at the termination of the grantor's natural life, is hell to be a deed, not a will.
ST. A sale will not be set aside as frand- ulent, simply because the buyer was at the time unable to make the payment agreed upon. and knew his inability, and did not intend to pay.
88. No maan is under an obligation to make known his circumstances when he is buying goods.
80. Contracting parties are bound to dis- close material facts known to cach, but of which either supposes the other to be igno- rant, ouly when they stand in some special relation of trust and confidence in relation to the subject matter of the contract. But neither will he protected if he does any- thing. however slight, to mislead or deceive the other.
90. A contract negotiated by mail is formed 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 expres-ly re- gnire- 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 the date by the holder after execution. 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.
03. It is unprofessional for a lawyer who has abandoned his case without trying it. a term or two before trial, to claim a fee conditional upon the success of his elfent, although his client was successful.
94. Although a party obtaining damages for injuries received through the default of another, was himself guilty of negligence. yet that will not defeat his recovery, unless hi- negligence contributed to canse the in- jury.
95. A person may contract to lahor for an- other during life. in consideration of receiv- in_ his support : but his creditors have the right to inquire into the intention with
1 he set Aside if entered into to deprive them of his future earnings.
(4). A grantor may by express terms ex- clude the bed of a river, or a highway. mentioned as boundary: but if without language of exclusion a line is described as 'along.'or 'upon,' or as ' running to' the highway or river. or as .by.'or ' running to the bank of' the river; these expressions carry the grantee to the center of the high- way or river.
97. The court will take pains to construe the words need in a deed in such a way as to effect the intention of the parties, how- ever un-killfully the instrument may be drawn. Bat a court of law cannot exchange an intelligible word plainly employed in a deed for another, however evident it may be that the word used was used by mistake for another.
98. One who has lost his memory and understanding is entitled to legal protec- tion, whether such loss is occasioned by his own misconduct or by an act of Provi- I dence.
97
GOVERNMENT LAND MEASURE.
(9. When a wife leaves her husband vol- untarily. it must be shown, in order to make him liable for neces-aries furnished to her, that she could not stay with safety. Personal violence. either threatened or in- Mirted. will be suficient cause for such sep- aration.
100. Necessaries of dress furnished to a discarded wife must correspond with the peennings circumstances of the husband, and be such articles as the wife, if prudent. would expert. and the husband should furni-h. if the parties lived harmoniously together.
101. A fugitive from justice from one of the United States to another, may be arrested and detained in order to his surrender. by anthority of the latter. without a previous demand for his surrender by the executive of the State whence he ded.
102. A watch will not pass under a be- quest of " wearing apparel," nor of " household furniture and articles for fami- ly u.e."
103. Money paid for the purpose of set- tling 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 animal in his possession, but may free hinselt from liability by showing that the : 100 acres. 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 his employ -> for an injury - astained by tt latter in .con- quence of the neglect of e ers of his employees engaged in the . general bu-Le ...
106. Where a purchaser at a Sheriff's sy'e Las vit the full price of property utfor thetrofeoas belief that the sale would di- vest the property of all liens, it is the duty of the court to give relief by setting aside the sale.
103. When notice of protest is properly want by mail. it may be sent by the mail of the day of the disnonor : if not. it mmist he : mullei for the mail of the next day : ex- copt that if there is none, or it closes at an lesea- onsbly early hour, then notice must be mailed in season for the next possible ;
100. A pów-ler-house located in a popnions part of a city, and containing large quanti- ties of zumhow ler, is a nuisance.
110. When the seller of goods accepts at the time of the -ale. the note of a third per- MA main are ! by the purchaser. in pay- 1 mont, f:p por-taiption is that the pay- to by absolute : apd thatthen os natel bo dishonored. the Dirti-ir wal not be Hable for the value of
111 .. A man charged with crime before a committing magistrate, but discharged on his own recognizance, is not privileged from arrest on civil process while returning from the magistrate's office.
112. When one has been induced to sell goods by means of false pretences, he can- not recover them from one who has bona tide purchased and obtained possession of them from the fraudulent vendor.
113. If the circumstances attendant upon a sale and delivery of personal property are such as usually and naturally accompany such a transaction. it cannot be declared .a kval traud upon creditors.
114. A stamp impressed upon an instru- ment by way of seal, is good as a scal, if it creates a durable impression in the texture of the paper.
115. If a party bound to make a payment nse due diligence to make a tender, but through the payee's absence from home is unable to find him. or any agent authorized to take payment for him, no forfeiture will be incurred through his failure to make a tender.
Government Land Measure.
A township, 36 sections, each a mile square.
A rection. 110 acres.
A quarter section, half a mile square,
An eighth section, half a mile long. north and south, and a quarter of a mile wide, 80 Acres.
A sixteenth section, a quarter of a mile square, fo acre -.
The sections are numbered from one to thirty six, commencing at the northeast corner, thus :
6
5
3
* wis e
9
10
11
12
1.5
17
10
15
14
13
30
27
26
25
21 .
31
35
21
23
21
The recions are all divided in quarters, which are named by the cardinal points, as in section one. The quarters are divi- dod in, the -sme way. The description of a pravte lot would road: The south half of tie. wo -. Luft of the southwest quarter
T west. er as the cpetr ght be; and some- timer will atil - nurt. co sometime - overrun the number of bere. it is supposed to con- ¡ tain.
98
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
THE DECIMAL SYSTEM
OF
WEIGHTS AND MEASURES.
As Authorized by Act of Congress -- Approved July 28, 1866.
+4
STANDARDS.
In every system of Weight - mal Measures i it is necessary to have what are called " Standards," as the pound. yard. gallon. &c., to be divided and mifuplied into smaller and larger parts and denom tions.
The definition and constructie these
Stand: rds involve philosophie ud pvien- tife ;ninciples of a somewhat abstru,( character, and are made and procured by the legislative department of the govern- ment. The nominal Standards in the new system: are the METER, the ARE, the LITER, and the GRAM. The only real Standard, the one by which all the cracr standards are measured, and from which the system de- rives its name of " Metric," is the METER.
THE METER
Is used for all measures of length, distance, breadth, depth. heighth. &c., and was in- I merical signification, as will be more cicar-
tended to be, and is very nearly, one ten- millionth of the distance on the earth's surface from the equator to the pole. It is abort 2936 inches, or 3 feet. 3 inches and S eighths, and is to be substituted for the yard.
THE ARE
Is a surface whose side is ten Meters, and is equal to 100 square Meters or about 4 square rod -.
THE LITER
I- the nnit for measuring solids and capa- it", and is equal to the contents of a cube whose oder is one-tenth of a meter. It is about equal to 1 quart, and is a standard in cubic, dry and liquid measures.
7" A cubic Meter (or Kiloliter) is called a sfere, and is also used as a standard ircer- tain cubic measures.
THE GRAM
Is the Unit of weight, and is the weight of a cube of pure water, each edge of the cube hang onc one-hundredth of a Moter. Itis about equal to 15%% grains. It is intended as the Standard in all weights. and with its divisions and multiples, to supersede the - nte of what are now called Avoirdupois, Apothecaries and Troy Weights.
Each of the foregoing Stand irds is divi- ded decimally, and larger units are also forined by multiples of 10, 100, &c. The Altecer-ive subordinate parts are designa- ted by the prefixes Deci, Cepti and Milli : the enceestive multiples by Deka. Hecto, Kilo and Myria ; each having its own nu- ly seen in the tables hereinafter given.
The teris used may, at first sight, have a formidable appearance, seem difficult to pronounce, and to retain in memory, and to be, therefore, objectionable : but with a lit- tle attention and use, the apprebe- ded dif- ficulty will be found more apparent than real, as has been abundantly proved by ex- perience. The importance. also, of con- formity in the use of commercial terms. On the part of the United States, with the practice of the many nations in which the system. with its present nomenclature, has already been adopted, mast greatly over- balance the comparatively slight objection alluded to.
99
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
TABLES.
OLD.
MONEY. NEW.
10 mills make 1 cent.
10 cents * 1 dime.
20 shillings 1 pound.
10 dimes " 1 dollar.
LONG AND CLOTH MEASURE .- NEW. 10 millimeters make 1 centimeter. 10 centimeters
1 decimeter. 10 decineters 1 METER. 10 meters 1 dekameter.
10 dekameters 1 hectometer.
10 hectometers 1 kilometer.
10
kilometers
66
1 myriameter.
SQUARE MEASURE .- NEW.
100 square millimeters make 1 square centimeter,
100 square centimeters ..
1 square decimeter.
100 square decimeters ..
1 square meter or CENTARE.
100 centares
.6
1 ARE.
100 ares
1 hectare.
XE" The denominations less than the Are, including the Meter, are used in specifying the contents of surfaces of small extent ; the terms Cinture, fre and Hectare, in expres- sin : quantities of land surveyed or measured.
The above table may, however, be continued beyond the Meter, thus :
100 square meters make 1 square dekameter. 100 square dekameters ..
100 square hectometers
100 square kilometers .
1 square myriameter.
CUBIC MEASURE .- NEW.
For Solils.
1000 cubic millimeters make 1 .. cubic centimeter. 1000 cubic centimeters
1 cubic decimeter or liter.
1000 cubic decimeters
..
1 cubic meter or stere.
1000 cubic meters
..
1 cubic dekameter.
1000 cubic dekameters
cubic hectometer
1
cubic kilinagy.
1000 cuble kilomete . $
1 cubic myrismeter.
For Dry and Loved Marcares.
10 milliliters make 1 centiliter. 10 centiliters
10 deciliters ..
1 LITER.
10 liters ..
1 de kaliter. 10 dekaliters ..
1 hertollter. 10 hectoliters ..
1 kiloliter.
10 kiloliters ..
1 myrialiter.
DE PA LITER. the standard of Measures of Capacity, usually in a cylindrical form. is equivalent to a cubic Decimeter, or the one-thon-shuih part of a cubic Meter, the contents of which are about one gitart. ]
The Kiloliter, or STERE, is a cubic Meter, and is used as a unit in measuring firewood and lumber.
10 decisteres make 1 stere. 10 steres .. 1 dekastere.
ALL WEIGHTS .- NEW.
10 milligrams make 1 centigram.
10 centigrams
..
1
10 decigrams
1 .. costumam. 19 grains
19 dchagrams
..
1
..
1 kilogram.
10 kilogramis
..
1 inyringsam.
lu myriggrams
..
1 quintal.
10 quintals
1 millier or tonneau.
1 square hectometer.
1 square kilometer.
1 cubic hectometer.
1 deciliter.
1 derigram.
4 forthing make 1 penny. 12 pence 1 shilling.
100
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
PRONUNCIATION OF TERMS.
TERMS,
ENGLISK.
TERMS.
ENGLISH.
Meter.
Mre-ter.
Stere,
Stare.
Millimeter,
Mill-e-mce-ter.
Are.
Are.
Centimeter,
Sent e-mee-ter.
Centare.
Sent-are.
Decimeter,
Des-e-mer-ter.
Hectare,
Hect-are.
Dekameter,
Dek-a-mer-ter.
Gram.
Gram,
Hectometer,
Hee-to-mee-ter.
Milligram,
Mill-e-gram.
Kilometer.
Kill-o-mee-ter.
Centigram,
Sent-c-gram.
Myriameter,
Mir-r-a-mee-ter.
Decigram.
Des-e-gram.
Milliliter.
Mill-c-liter.
Heprogram,
Hec-to-gram.
Centiliter,
Sont-e-li-ter.
Kilogram.
Kill-o-gram.
Deciliter,
Deseliter.
Myriram,
Mir-c-a-gram.
Dekaliter,
D. Is-a-l-ter.
Quintal.
Onin-tal.
Hectoliter.
Hoe-to-li-ter.
Millier.
Mill-i-er.
Myrialiter,
Mir-e-a-li-ter.
Acts and Resolutions of Congress. cause the weights or measures expressed or ;r ferred to therein are weights or measures of the metric -y-tem.
PUBLIC -- No. 153.
SEc. 2. And be it further enacted, That AN ACT to authorize the use of the metrie ' the tables in the schedule hereto annexed. system of weights and measures. shall be recognized in the construction of contracts, and in all legal proceedings, as Beit chartedby the Senate and Immer of establishing, in terms of the weight- and measures now in use in the United States,
ca in Congress assembled, The from and af- the equivalents of the weights and mes- ter the passage of this act. it had banus- ures expressed therein in terms of the me-
ful throughout the United States of Ameri- ca to employ the weights aun taat-on , of the metrie system : and hocontractor d' si- ing. or pleading in any court, shall be deemed invalid or liable to objection, be-
trie system : and said tables may be lawful- ly used for computing, determining and ex- pressing. in customary weights and meas- nres, the weights and measures of the metric system.
MEASURES OF LENGTH.
METRIC DENOMINATION+ AND VALUES,
EQUIVALENTS IN DENOMINATIONS IN USE.
Myrimetre.
Kilometer. cast :alle, or 2.280 feet and 19 inches. 30> fort and one inch.
Heut misstre.
Dramaetre.
Metro.
1 ......
Decimette.
1-10th of a mirtr ..
3 :37 inches.
Centimetre, 1-1ochof alstr ...
noisich. .
Millimetre,
00;01 inch.
MEASURES OF SURFACE.
.
METHIC DENOMINATION4 AND VALLES.
EQUIVALENTS IN DENOMINATIONS IN USE
Hin tare.
2. 11 deres.
) square mot:
114 6 -quare yards.
1
Centare, 1 square fantre,
1.65 1 square inches.
Liter.
Li-ter.
D. kavram.
Dek-a-gram.
T'un-no.
1
101
MEASURES OF CAPACITY.
METRIC DENOMINATIONS AND VALUES.
Names.
No. of liters
Cubic Measure.
Dry Measure.
Liquid or Wine Measure.
Kilolitre or stere,
1000 100
1 cubic metre,
1.308 cubic yard,
261.17 gallons.
Hectolitre,
.1 of a cubric metre, ..
2 bus, and 3.35 pecks,
26.417 gallons.
Dekalitre,
10
10 cubic decimetres,
9.08 ararts
2.6117 gallons.
Litre.
1
1 cubic decimetre,
0.90€
1.0567 quart.
Decilitre,.
0.1 .1 of a cubric decimetre,
6.1022 'c inches,
0.845 gill.
Centilitre,
0.01
10 cubic centimetres, .
0.6102 en. : inch,.
0.333 fluid once.
Millilitre,
0.001|
1 cubic centimetre,
0.001 cubic inch, .
0.27 fluid drachm.
1
G
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
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