USA > New York > Orleans County > Gazetteer and business directory of Orleans County, N.Y. for 1869 > Part 7
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49
LAW MAXIMS.
16. Money paid on Sunday contracts may be recovered.
17. A debtor may give preference to one creditor over another, nnlese fraud or special legislation can be proved.
18. A court cannot give judgment for a larger sum than that specined 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.
21. 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.
20. When a person contracts to build a honse. 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- lich 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 frand, in law, when he neglects to tell the purchaser of any flaws, defects, or nnsoundness 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 langnage, 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 sedne- tion; and this is snch 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.
50
LAW MAXIMS.
4S. 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 is entitled, in all cases, to his ac- tual damages, and should be compensated for the mental sufferings endured, the pub- lic disgrace.inflicted, and all actual discom- fort produced.
49. Delivery of a husband's goods by a wife to her adulterer, he having knowledge that she 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 ineurer 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 inquisi- tion been found an habitual drunkard, he caunot, even in his sober intervale, 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. ia 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 damages for injuries sustained on the road, it is not compulsory upon the plaintin 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.
Di. A guest is a competent witness, in an action between himself and an inn-keeper. to prove the character and value of lost 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, while at any inn, the plaintiff may prove its amount by his own testimony.
:7. 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 uufavorable to the interests of the minor.
58. A married woman can neither sue nor be sued on any 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 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 lius- 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, cau- 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.
€3. A wife cannot be convicted of receiv- ing 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.
65. 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 sample, not the mere exhibition of a speci- men of the goods.
67. An agent is liable to his principal- for loss caused by his misstatements, tho' unintentional.
68. Makers of promissory notes given in advance for premiums on policies of insur- ance, thereafter to be taken, are liable there- on.
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 mou- ey which he has collected and failed to pay over.
71. Testimony given by a deceased wit- ness on first 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 detinite reward is offered.
73. Confession by a prisoner must be vol- untarily made, to constitute evidence against him.
74. The defendant in a enit must be serv- ed with process; but service of such pro- cess upon his wife, even in his absence from the State. is not, in the absence of statuto- ry provisions, sufficient.
51
LAW MAXIMS.
;3. Tho 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.
36. To support an indictment for mali- clous mischief in killing an animal, mal- ier towards its owner must be shown, not merely passion excited against the animal
7". No action can be maintained against a +heriff for omitting to account for money obtained npon an exception within a reas- osable time. He has till the return day to render such account.
7. 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 presnmptively liable to share any loss.
. Males can marry at fourteen, and fe- males at twelve years of age.
>0. All cattle found at large upon any pub- lie road, can be driven by any person to the public pound.
$1. Any dog chasing, barking, or other- wise threatening a passer-by in any street, lanc, road, or other public thoroughfare, may be lawfally killed for the same.
82. A written promise for the payment of such amount as may come into the hands of the promisor, is held 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 agency .- But when other proper evidence is given. tending to establish the fact of agency, it i- not error to admit the declarations of the agent. accompanying acts, though tend- ing to show the capacity in which he act- ed. When evidence is competent in one re-pert 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.
> !. 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 courts, and this bar may be avoided whenever it is interposed. by showing fand in the procurement of the di-charge. or a violation of any of the pro- visions of the bankrupt act.
si. An instrument in the forin of a deed, but limited to take effect at the termination of the grantor's natural life, is held to be a dred, not a will.
ST. A sale will not be set aside as frand- meat. simply because the buyer was at the Bitte unable to make the payment agreed ngon, and knew his inability, and did not intend to pay.
NA, No man is under an obligation to make known his circumstances when he is i haying goods.
89. Contracting parties are bound to dis- close material facts known to cach, but of which either supposes the other to be igno- rant, only when they stand in some special relation of truet and confidence in relation to the subject matter of the contract. But neither will be 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 is duly deposited in the post-office, pro- perly addressed. This rule applies, although the party making the offer expressly re- quires 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, thet an alteration of 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.
93. 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 client, although his client was successful.
94. Although a party obtaining damages for injuries received through the default of nuother, was himself guilty of negligence, vet that will not defeat his recovery, unless his negligence contributed to cause the in- jury.
95. A person may contract to labor for an- other during life, in consideration of receiv- ing his support : but his creditors have the right to inquire into the invention with which such arrangement is made, and it will be set aside if entered into to deprive them of his future carnings.
96. 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 . runding 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 paina to conatrue the words used in a deed in such a way as to effect the intention of the parties, how- ever uuskillfully the instrument may be drawn. But 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- deace.
52
LAW MAXIMS.
99. When a wife leaves her husband vol- untarily, it must be shown, in order to make him liable for necessaries furnished to her, that she could not stay with safety. Personal violence. either threatened or in- flicted, will be sufficient cause for such sep- aration.
100. Necessaries of dress furnished to a discarded wife must correspond with the pecuniary 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 United States 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 tied:
102. A watch will not pass under & be- quest of "wefring apparel." nor of " household furniture and articles for fami- ly use." .
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 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 his employees for an injury sustained by the latter in consequence of the neglect of oth- ers of his employees engaged in the same general business.
107. Where a purchaser at a Sheriff's sale has bid the full price of property under the erroneous 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.
108. When notice of protest ia 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- cept that if there is none, or it choses at an nnseasonably early hour, then notice must be mailed in season for the next possible mail.
100. A powder-house located in a populons part of a city. and containing large quanti- ties of gunpowder, is a nuisance.
111. A man charged with crime before a committing magistrate, but discharged on his own recognizance, is not privileged from arrest on eivil 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 fide purchased and obtained possession of them from the fraudulent vendor.
113. If the circumstances attendant upon a pale and delivery of personal property are such as usually and naturally accompany such a transaction, it cannot be declared a legal fraud upon creditors.
114. A stamp impressed upon an instru- ment by way of seal. is good as a seal, 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 mable to find him or any agent authorized to take payment for him. no forfeiture will be inenrred throngh his failure to make a tender.
Government Land Measure.
A township, 36 sections, cach a mile square.
A section, 640 acres.
A quarter section, half a mile square, 160 acres.
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, 40 acres.
The sections are numbered from one to thirty-six, commencing at the northeast corner, thus :
nwn e
6
5
4
3
2
S
9
10
11
13
18
17
16
15
14
13
19
20
21
23
24
30
29
2S
27
26
25
31
32
33
34
35
36
The sections are all divided in quarters, which are named by the cardinal points. as in section one. The quartere are divi- ded in the same way. The description of a 4 acre lot would read: The south half of the west half of the southwest quarter of section: m township 24, north of range T west. or as the case might be : and some-
110. When the seller of goods accepts at the time of the sale, the note of a third per- son, nnindorsed by the purchaser. in pay- ment, the presumption is that the pay- ment was intended to be ab-vinte: and though the note should be dishonored. the | times will fall short. and sometime- overrun purchaser will not be liable for the value of the number of acres it is supposed to con- the goods.
tain.
53
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
THE DECIMAL SYSTEM
OF
WEIGHTS AND MEASURES.
AS Authorized by Act of Congress -- Approved July 28, 1866.
STANDARDS.
In every system of Weights and Measures It is necessary to have what are called " Standards," as the pound. yard, gallon, &c .. to be divided and multiplied into smaller and larger parts and denominations. The definition and construction of these Standards involve philosophical and scien- tific principles of a somewhat abstruse 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 other 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- 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 about 3932 inches, or 3 feet. 3 inches and 3 eighths, and is to be substituted for the yard.
THE ARE
In a surface whose side i- ten Meters, and is equal to 100 square Meters or about 4 square rods.
THE LITER
" A cubic Meter (or Kiloliter) is called & stere, and is also usedas a standard in cer- 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 being one one-hundredth of a Meter. Itis about equal to 1516 grains. It is intended as the Standard in all weights, and with its divisions and multiples, to supersede the use of what are now called Avoirdupois, Apothecaries and Troy Weights.
Each of the foregoing Standards is divi- ded decimally, and larger units are also formed by multiples of 10, 100, &c. The successive subordinate parts are designa- ted by the prefixes Deci, Centi and Mitli; the successive multiples by Deka, Hecto, Kilo and Myria; each having its own nu- merical signitication, as will be more clear- ly scen in the tables hereinafter given.
The terms 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 apprehended dif- ficity 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
I- the unit for measuring solids and capa- fryetem, with its present nomenclature, has ity, and is equal to the contents of a cube | already been adopted, minst greatly over- whose edge is one-tenth of a meter. It is | balance the comparatively slight objection about equal to 1 quart. and is a standard in | alluded to. cubic, dry and liquid measures.
D
54 DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
TABLES.
OLD.
MONEY.
4 farthing make 1 penny.
12 pence = 1 shilling.
20 shillings 1 pound.
1
NEW. 10 mills make 1 cent. 10 cents 1 dime. 10 dimes " 1 dollar.
LONG AND CLOTH MEASURE .- NEW.
10 millimeters make 1 centimeter. 10 centimeters ..
1 decimeter. 10 decimeters 46
1 METER.
10 meters ..
1 dekameter.
10 dekameters
1 hectometer.
10 hectometers
1 kilometer.
10 kilometers
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
1 ARE.
100 ares
1 hectare.
" The denominations less than the Are, including the Meter, are used in specifying the contents of surfaces of small extent ; the terms Centare, Are and Hectare, in expres- sing 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
1 square hectometer.
100 square hectometers
1 square kilometer.
100 square kilometers
1 square myriameter.
CUBIC MEASURE .- NEW. For Solids.
1000 cubic millimeters
make 1 cubic centimeter.
1000 cubic centimeters
..
1 cubic meter or stere.
1000 cubic meters
1 cubic dekameter.
1000 cubic del.am ters
1 cubic hectometer.
1000 cubic hectometers
..
1 cubic kilometer.
1000 cubic kilometers
1 cubic myriameter.
For Dry and Liquid Measures.
10 milliliters make 1 centiliter. 10 contiliters ..
1 deciliter. 10 deciliters
1 LITER.
10 liters
1 dekaliter.
10 dekaliters
1 hectoliter.
10 hectoliters
1 kiloliter.
10 kiloliters
1 myrialiter.
NG"ALITER, the standard of Measures of Capacity, usually in a cylindrical form, is equivalent to a cubic Decimeter. or the one-thousandth part of a cubic Meter, the contents of which are about one quart. ]
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 WEIGIITS .- NEW.
10 milligrams
1 decirram. 10 decigrams
1 GRAM.
10 grams
1 hectorram.
10 hectograms
1 kilogram.
10 kilograms
66
1 quintal.
10
quintals
make 1 centigram. 10 Centigrams
1 dekarrunt.
10 dekagrams
1 myriagram.
10 myriagrams
1 millier or tonnean.
1 cubic decimeter or liter.
1000 cubic decimeters
55
DECIMAL SYSTEM OF WEIGHTS AND MEASURES.
PRONUNCIATION OF TERMS.
TERYS.
ENGLISH.
TERMS.
ENGLISH.
Meter
Mee-ter.
Stere,
Stare.
Millimeter.
Mill-e-mee-ter.
Are,
Are.
Centimeter,
Sent-e-mee-ter.
Centare,
Sent-are.
Decimeter,
Des-e-mee-ter.
Hectare,
Hect-are.
Dekameter,
Dek-a-mee-ter.
Gram,
Gram,
Hectometer,
Hec-to-mee-ter.
Milligram,
Mill-e-gram.
Kilometer,
Kill-o-mee-ter.
Centigram,
Sent-e-gram.
Myriameter, Liter,
Li-ter.
Dekagram,
Dek-a-gram.
Milliliter,
Mill-e-li-ter.
Hectogram,
Hec-to-gram.
Centiliter,
Sent-e-li-ter.
Kilogram,
Kill-o-gram.
Deciliter,
Des-e-li-ter.
Dekaliter,
· Dek-a-li-ter.
Quintal,
Quin-tal.
Kiloliter,
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