What it is.—Partnership is the relation existing between persons who have agreed to combine their property or skill for the prosecution of a given enterprise, and to share the profits or losses resulting therefrom.
How Formed.—Partnership being a matter of agreement is subject to the law of contracts. When the agreement is in writing, it is called "articles of copartnership." The articles usually specify the parties and the firm name, the nature and the location of the business to be carried on, the investment of each party, the basis for apportioning profits and losses, and sometimes the duration of the co-partnership. There are generally other provisions, their nature depending upon the circumstances.
Responsibility.—As to each other, the partners have the rights and duties which they agree upon.
As to third parties, the two most important rules of law are: first, thatthe firm is bound by the acts of each member, in matters pertaining to the firm's business; second,each member is liable for all the debts of the firm.
Dissolution.—If the duration of the partnership is not specified, it may be dissolved by any partner at any time. If its duration is specified, it expires, of course, by limitation or by mutual consent. In either case, the death of a partner dissolves the firm. If a partner becomes insane or acts fraudulently, the partnership may be dissolved by a decree of the court. The sale of an interest (which must have the consent of each partner) dissolves the partnership and forms a new one.
Notice of Dissolution.—That the retiring partners may be freed from responsibility for new debts, if the dissolution be by sale of interest (and this is a very common way), notice of the dissolution must be given to the world, and special notice of the fact must be given to those from whom the firm has been in the habit of buying.
Limited Partnership.—In most states, what is called a limited partnership may be formed, whereby the responsibility of some of the partners may be limited to their investment in the business. By this arrangement the private property of the special partners (as they are called) cannot be taken for debts of the firm.
In such a case, however, it is but just, and the law therefore demands, that notice of the fact of limited responsibility be given and that no appearance of responsibility be assumed. To this end it is required: (a) that the articles of copartnership be in writing, and that they be published and recorded; (b) that the amount contributed by the special partners be actually paid in; (c) that the names of the special partners do not appear in the firm name; (d) that they take no active part in the management of the business.
Pertinent Questions.
Why are partnerships formed? May one person invest money while another invests skill? Is a person who receives a percentage of his sales by way of salary a partner?
Why cannot a partner sell his interest without consulting the other members of the firm? Why may the fraudulent act of a partner dissolve the firm? Why does the death of a member end the firm—that is, why not let his heir succeed to his right in the firm as he succeeds to his real estate?
May theprivateproperty of a partner be taken to satisfy the debts of his firm? May the firm's property be taken to satisfy the debt of one of its members? Can men dissolve their debts by dissolving their partnership? If one partner continues the business agreeing to pay all indebtedness of the firm, is the retiring partner released from obligation in relation to the debts? Show the justice of each requirement in case of special partners.
Purpose—Partnership enables a number of persons, as we have seen, to accomplish by combining their property and skill what would be unattainable by them acting individually.
But the individual responsibility involved in partnership, and the difficulty of transferring interest, render necessary some other mode of combining capital for carrying on enterprises requiring vast resources, and, from their nature, demanding long time and freedom from interruption for their accomplishment. For instance, no one would dare to assume personal responsibility for the debts of a railroad, nor could such an enterprise be managed if every transfer of interest dissolved the company. The desired limitation of responsibility and facility of transfer of interest are secured by the formation ofcorporations.
Nature.—But responsibility there must be, or the combination could transact no business. And responsibility depends upon personality—athingcannot be held responsible. As this personality does not exist aside from the persons of those uniting their resources, it must be created. The creative power is the legislature. The personality created is the corporation. [Footnote: From the Latincorpus, corporis,a body.] A corporation is, therefore, an artificial or fictitious person, created under general law or by a special act of the legislature, [Footnote: This special act defining the powers and duties of the corporation is called itscharter.] and capable of acting within prescribed limits as if it were a natural person, but beyond those limits incapable of acting at all.
Management.—The persons who contribute to the capital of the corporation, or company, receive certificates of stock, that is, pieces of paper certifying that said persons own so many shares in the company. The capital, be it remembered, is the property of the corporation, not of the individuals. The number of these stockholders may be large or small, a dozen or a thousand. The general management of corporate business is necessarily entrusted to a small number of persons called directors. These are elected by the stockholders, each share having one vote. The directors select from their own number a president, a secretary, and other necessary officers. These persons and the other agents of the corporation carry out the policy determined upon by the directors.
Why Limited in Powers.—The question suggests itself, Why can a corporation do only certain things? The most obvious answer is, that this is consequent upon its mode of creation. Being a creature of the legislature, it can have only those powers which are specifically or impliedly granted to it. But pushing the matter farther, it may pertinently be asked, Why doesn't the legislature endow it with power to do anything that may properly be done by a natural person? Two reasons, at least, appear. First, from the corporation's standpoint, it is a matter of business prudence to have its purpose and powers defined: (a) to enable it to secure subscribers to its stock, as no one would like to risk his money blindly; and (b) because thus only can the directors be held to accountability. Second, from the standpoint of the public, for whom the legislature acts, the defining is necessary in order that corporations may be controlled and dangerous combinations prevented.
In this connection it may be noted that corporations are granted some privileges not possessed by individuals. For instance, private property such as land may be taken, even against the wishes of the owner, to permit the building of a railroad. This can be done, however, only on the ground of public good, and by giving the owner just compensation.
Responsibility.—A corporation, like any other person is responsible for any contracts that it makes, within its charter. It necessarily acts entirely through agents, hence the law of agency has an important bearing upon all contracts with a corporation.
Debts incurred lie against the corporation, not as a rule against the stockholders individually. Sometimes stockholders are by the charter made liable to limited extent, say to an amount equal to the par value of their stock.
Dissolution.—Some companies are incorporated so that they may last forever. Others are incorporated for a specified time. The latter expire by limitation or by becoming insolvent. A corporation of either kind may secure dissolution by voluntarily surrendering its charter. And sometimes the legislature reserves in the charter the right to dissolve the company under certain conditions.
The affairs of a corporation are usually closed up by a "receiver," who collects the bills, disposes of the property, pays the indebtedness as far as he can, and distributes the residue among the stockholders.
1. Status. A collection of natural A fictitious person.persons.
2. Formation. By agreement. By legislativeenactment.
3. Powers. Those of natural persons. Only those conferredby law.
4. Debts. All partners liable for all Stockholders notdebts. usually liable.
5. Transfer of Dissolves partnership. New stockholder interest by sale succeeds to shares of or death. the old.
Pertinent Questions.
Who constitute the managing body in a school district? In a town? In a village? In a city? In a county? In the state? In the United States? [Footnote: The United States: "Its charter, the constitution…. Its flag the symbol of its power; its seal, of its authority."—Dole.] In a railroad? In a mining company? In a bank? In a church? In a college?
Write a list of all the corporations that you know or have ever heard of, grouping them under the headspublicandprivate.
How could a pastor collect his salary if the church should refuse to pay it?
Could a bank buy a piece of ground "on speculation?" To build its banking-house on? Could a county lend money if it had a surplus? State the general powers of a corporation. Some of the special powers of a bank. Of a city.
A portion of a man's farm is taken for a highway, and he is paid damages; to whom does said land belong? The road intersects the farm, and crossing the road is a brook containing trout, which have been put there and cared for by the farmer; may a boy sit on the public bridge and catch trout from that brook? If the road should be abandoned or lifted, to whom would the use of the land go?
Kinds and Uses.—If a man wishes to buy some commodity from another but has not the money to pay for it, he may secure what he wants by giving his written promise to pay at some future time. This written promise, ornote, the seller prefers to an oral promise for several reasons, only two of which need be mentioned here: first, because it isprima facieevidence of the debt; and, second, because it may be more easily transferred or handed over to some one else.
If J.M. Johnson, of Saint Paul, owes C.M. Jones, of Chicago, a hundred dollars, and Nelson Blake, of Chicago, owes J.M. Johnson a hundred dollars, it is plain that the risk, expense, time and trouble of sending the money to and from Chicago may be avoided, and the indebtedness wiped out by J.M. Johnson ordering Nelson Blake to pay the hundred dollars to C.M. Jones. The written order to this effect, called adraft, would be sent to C.M. Jones, who would present it for payment to Nelson Blake, and upon receiving his money would turnthe draftover to Blake.
To avoid the risk of being robbed, merchants and some others are in the habit of depositing each evening in a bank the receipts of the day, with the understanding that the money will be paid out, at any time, to any person whom they order it paid to. The order on the bank is called acheck.
It is very easy to see that these three devices are of immense value to the commercial world; the first by rendering available future resources, and the other two by enabling payments to be made safely.
Definitions.—Anoteis an unconditional promise in writing, to pay a definite sum of money at a certain time to a specified person.
Adraftis an order, written by one person and addressed to another, directing him to pay a definite sum of money at a certain time to a specified third party.
Acheckis a draft for immediate payment, drawn upon a bank or banker.
In the case of a note, the person who promises to pay is called themakerof the note; and the person named to be paid, thepayee.
In the case of a draft or check, the person ordering the payment is called thedrawer; the person addressed, theperson drawn uponor thedrawee; and the person to be paid, thepayee.
Negotiability.—The payee in any of these cases may wish to transfer the paper to some other person. For instance, the holder of the note may wish to use the money before it is due, or the payee of a draft may wish to realize without going to the drawee. In either case, the desired accommodation can be secured only by selling the paper to some one else. This ability to be transferred is part of what is meant by the termnegotiability.
But this liability to have to pay another person than the one named, cannot be imposed upon the maker or drawer without his consent. This he gives by inserting after the name of the payee the words "or order," or the words "or bearer." In the latter case, whoever holds the paper when it becomes due can collect upon it. In case the former words are used, the paper can be transferred only byindorsement, of which more anon.
A very important characteristic of negotiability is that it enables a person to grant to another rights which he may not himself possess. To illustrate: As between the maker and the payee, a note is a contract, and is binding only if it has all the requisites of a binding contract. Therefore, if there was no consideration, or if the note was obtained by fraud or by intimidation, the payee, knowing these facts, has no right to collect upon the note, and he could not by law compel payment. But with a third party it is different. He sees only the note, and may not— presumably does not—know anything else about the contract. To compel him before buying the note to learn all the details of its history, might be embarrassing to the parties, even where everything is all right, and would certainly delay, perhaps materially, the transfer. Therefore, to enable people to keep their business to themselves, and to facilitate transfers of commercial paper, it has seemed best not to require this investigation. The law presumes that when a person makes a transferable note, he has done so deliberately; and if loss ensues, it says that he must bear it rather than the innocent purchaser of his note.
Conditions of Negotiability.—But this peculiar protection is given, be it observed, only to aninnocent purchaser. If in good faith, in the regular course of business, a person comes into possession of commercial paper, negotiable in form, not yet mature, and for which he has given a reasonable consideration, he can collect on it. On the other hand, if he has found the paper or stolen it, or if he has bought it under circumstances calculated to raise a suspicion as to right of the seller, he should not have, and will not by law receive, this privilege. Thus if a man is offered commercial paper of perfectly responsible parties at one-third its value, it would be reasonable to suppose that the person offering it had found or stolen it, and the buyer would obtain only the rights of the person from whom he bought. Or if a note past due is offered for sale, the presumption is that it is paid or that it is for some reason uncollectable, and the purchaser would buy at his peril. In other words,if there is anything on the face of the paper or in the circumstances of the case to warn the purchaser, he buys at his own risk, and secures only such rights as the vendor has.
Transfer.—Negotiable paper with the words "or bearer" is transferable by delivery alone. If made payable to some person "or order," it is transferable only by hisindorsement. An "indorsement in full" consists of the signature of the payee and his order that the money be paid to a specified person. An "indorsement in blank" consists simply of the signature of the payee. The effect of the latter mode of indorsing is to make the paper payable to bearer.
Responsibility of Maker.—A note being a contract, the maker of one is responsible to the payee, as has been said, only if all the requisites of a binding contract are present. If the note is negotiable in form, he is responsible to the innocent purchaser of it.
Responsibility of Drawee.—The person drawn upon may know nothing of the draft. He cannot be made a party to a contract without his knowledge and consent. That he may have knowledge of the draft, it must be presented to him. If upon seeing it he is willing to assume the responsibility of paying it when due, he signifies his willingness by writing across the face of the draft the word "accepted," with the date of presentation and his name. The draft thereby becomes his unconditional promise, and he becomes the principal debtor, occupying the position of a maker of a note.
Responsibility of Indorser.—When a person endorses any commercial paper, he not only expresses thereby his consent to the transfer of it, but he also enters into a conditional contract with each person who may afterward come into possession of the paper, whereby he becomes responsible for its payment, if the principal debtor fails to meet his obligation. To fix responsibility upon an indorser, payment must be demanded of the principal debtor on the very day when the obligation matures, and if payment is not made notice of the fact must be sent to the indorser before the end of the following day.
Responsibility of Drawer.—Between the drawer and the payee a draft is a conditional contract, whereby the former impliedly agrees to pay the draft if the person drawn upon does not. His obligation is that of a surety or first indorser. To fix responsibility upon the drawer, the holder of the draft must promptly present it for acceptance to the person drawn upon; then, if it is not accepted, he must immediately notify the drawer.
Forged Paper.—Forgery is the fraudulent making or altering of a written instrument. One whose name is forged cannot be made responsible, since the act is not his. And since money paid under a mistake must be refunded, a person who, deceived by the skill of the forger, should pay the seeming obligation, would be entitled to get his money back.
But every person is bound to use reasonable effort to prevent forgery. Thus, if a merchant writes out a note all but the amount, and authorizes a clerk to put that in at some other time, and the clerk inserts a larger sum, any innocent purchaser can compel the merchant to pay the full amount. In some states it is held that a person who leaves space in an obligation wherein the amount can readily be raised, is bound to stand the loss caused by his negligence.
Accommodation Paper.—A man may be perfectly willing to lend a friend some money and yet be unable to do so. He may, however, in any one of several ways, make it possible for his friend to obtain the money. Thus A, wishing to accommodate his friend B, may make a note payable to B's order; or he may endorse B's note; or he may make a draft payable to B's order; or he may accept B's draft on him. By selling the paper, B secures the money desired. The implied contract between A and B is that B will pay the obligation.
In none of these cases could B compel A to pay him any money, because the contract between them lacks consideration. But A would be responsible to an innocent purchaser, because there is nothing on the face of the paper to indicate the defect. And he would be responsible even to a purchaser who knows the paper to be accommodation, because by signing he binds himself to pay if B does not, and his signature is what enables the sale to be made.
Certified Checks.—Business men make most of their payments by check. If the receiver of a check does not, for any reason, wish the money, he may deposit the check in the bank as if it were cash. If he is going away from home, or if he wishes to make a payment in some other place, he may save the expense of a draft, and make a check equally as acceptable, by getting the cashier of the bank to "certify" it, that is to state officially that the drawer has the money in the bank. This he does by writing across the face of the draft the word "Good," with his signature as cashier. When this is done the responsibility rests primarily on the bank. It occupies the position of the acceptor of a draft.
Pertinent Questions.
Two of the following are valid notes; which two? The others are not; Why? 1. March 5, 1890, I promise to pay John Smith one hundred dollars, if he is then living.—William Jones. 2. On or before March 5, 1890, I promise to pay John Smith one hundred bushels of wheat.—William Jones. 3. On March 5, 1890, I promise to pay John Smith whatever is then due him.— William Jones. 4. When he comes of age, I promise to pay John Smith one hundred dollars.—William Jones. 5. March 5, 1890, I promise to pay one hundred dollars.—William Jones. 6. One year after date, I promise to pay to John Smith one hundred dollars.—William Jones. 7. Mankato, Minn., December 11, 1888. One year after date I promise to pay John Smith one hundred dollars. 8. On the death of his father, I promise to pay John Smith one hundred dollars.—William Jones. 9. On March 5, 1890, I, William Jones, promise to pay John Smith one hundred dollars.
How many parties may there be to a note? How many, at least, must there be? As between them, must there be consideration to make it binding? Must the words "for value received" appear on the note? A note being a contract, what things are necessary to make it binding? Write two valid notes in different forms. Write a negotiable note transferable without indorsement. A note transferable by indorsement. Which is safer to carry in the pocket? Why? Which imposes the less responsibility if transferred? If you were taking a note payable to bearer, would you require the person from whom you were getting it to indorse it? A man has some non-negotiable notes; if he dies can his heir collect them? A note payable "to order" is indorsed in blank; to whom is it payable? May a note payable "to bearer" be made payable only "to order?" When does a note cease to be negotiable? Under what circumstances may a person have to pay a note which he has already paid? What is a "greenback?"
How many persons, at least, must there be to an accepted draft? When does the responsibility of the drawer begin? That of the person drawn upon? How does the acceptance of a draft affect the responsibility of the drawer? If the draft is not accepted, to whom shall the holder look for pay? Are drafts negotiable before acceptance?
Compare and contrast a note and a draft. A draft and a check. Is the bank under any obligation to the holder of an uncertified check? Does certifying a check release the drawer of it? Are checks negotiable?
What responsibility does an indorser assume in case of a note? Of an unaccepted draft? Of an accepted draft? Of a check? What does "without recourse" mean? To how many persons is the maker of a note responsible? The first indorser? The second? How can the first indorser be distinguished from the second? To whom is the second indorser not responsible?
Who are not responsible to the holder of a negotiable paper unless notified? Who are responsible without notice? What principle do you discover? When is a demand note due? A check? A time note? A sight draft? A time draft?
What should you do, and why, in the following cases:
1. When you pay a note? 2. When you make a partial payment on a note? 3. If you should lose a note? 4. If you have a note without indorsees, to render the maker responsible? 5. If you hold a note having indorsers, to render the indorsers responsible? 6. If you hold an unaccepted draft? 7. In case acceptance is refused? 8. If you hold an accepted draft? 9. If the acceptor fails to pay when the paper becomes due? 10. If you hold an uncertified check, in order to render the drawer responsible? 11. If it is indorsed, to make the indorsers responsible? 12. If you have a certified check, to make the bank responsible? 13. If you are a third indorser of a note, whom can you hold responsible in case the paper is dishonored, and how? 14. If you have a bearer note and you wish to transfer it without assuming responsibility? 15. How if it is an order note?
I. Organization of a Town.
To the board of county commissioners of the county of __________,__________ : The undersigned, a majority of the legal voters of congressional township number ______ north, of range number ______ west, in said county, containing not less than twenty-five legal voters, hereby petition your honorable board to be organized as a new town under the township organization law, and respectfully ask that you forthwith proceed to fix and determine the boundaries of such new town and to name the same (giving the proposed name.)
(Dated, and signed by a majority of all the legal voters in the town.)
State of __________, county of __________, ss.
Upon receiving a petition of a majority of all the legal voters of congressional township number ______ north, of range number ______ west, in said county, asking that the same be organized as a new town under the township organization law, to be named __________, we, the county commissioners of said county did, on the ______ day of A.D. 18______, proceed to fix the boundaries of such new town and name the same __________, in accordance with the said petition, and designated __________ as the place for holding the first town meeting in such town, to be held on __________, 18______. The boundaries of said town of __________, as fixed and established by us, are as follows: (Beginning at the southeast corner of section ______, town ______ north, of range ______ west, thence west on the township line ______ to the southwest corner of section ______, town and range as aforesaid, thence north, &c., giving the boundary lines complete.) Given under our hands this ______ day of __________, 18______.
[Auditor's official seal.]
(Signed by the Commissioners.)
Attest: O.J., County Auditor.
II. Elections.
Notice is hereby given, that on Tuesday, the ______ day of November, 18_____, at ___________, in the election district composed of the __________, in the county of __________, and state of __________, an election will be held for (here name the state, judicial, congressional, legislative and county officers to be elected); (if constitutional amendments are to be submitted, add:) also the following amendments to the constitution of the state will be submitted to the people for their approval or rejection, viz.: amendment to section _____, article _____, of the constitution (naming each one proposed); (and if any special matters, such as removal of county seat, &c., are to be voted on, then specifically state them); which election will be opened at nine o'clock in the morning, and will continue open until five o'clock in the afternoon of the same day, at which time the polls will be closed.
Dated at ________ this _____ day of October, 18____.
C.O.S., Town Clerk (or City or Village Recorder.)
List of qualified electors in the election district composed of the __________ of __________, in the county of __________, and state of __________, for an election to be held in the said election district, on Tuesday, the _____ day of November, 18_____:
Adams, James | Little, JosephBabcock, George | Mann, Oscar.
(Write the surnames in alphabetical order, and leave sufficient space between the alphabetical letters to insert all additional names.)
Notice is hereby given that the undersigned judges of election of said election district, will be present at the __________, in said __________, at the times named below, for the purpose of making corrections in the foregoing list, viz.: On "Wednesday, October _____, and (here insert the days and times of the day they are to meet), from 9 o'clock A.M. till 4 o'clock P.M. of each day, and also on the morning of election day, from 7 o'clock A.M. to 9 o'clock A.M."
Given under our hands this _____ day of October, 18_____.
(Signed by all the judges of election.)
At the annual (special) town meeting held in the town of __________, county of __________, state of __________, at _____, on the day of _____, 18 _____, the meeting was called to order by R.G., town clerk. M.J.H. was then chosen to preside as moderator of the meeting.
The moderator, at the opening of the meeting, stated the business to be transacted and the order of the same as follows: That the business to be transacted would be to elect three supervisors, &c., (stating the officers to be elected,) and to do any other business proper to be done at said meeting.
That said business would be entertained in the following order: 1st—The election by ballot of town officers, the polls to be kept open throughout the day. 2d—At one o'clock P.M., election of overseers of highways for each road district in the town. 3d—That immediately following the election of overseers of highways the general business of the town would be taken up and proceeded with until disposed of.
Proclamation of opening the polls was then made by the moderator and the polls opened and the election of town officers proceeded.
The hour of one o'clock P.M. having arrived and the general business of the town being now in order, the following named persons were elected, by ayes and noes, overseers of highways for the ensuing year in the following road districts, viz.: (here give the numbers of the road districts and the names of the persons elected overseers thereof.)
A.B. was elected poundmaster of said town. On motion, ordered that a pound, &c., (give the location, cost, &c., of pound, if ordered.)
The following three places were determined and designated by the voters present as the most public places in said town for the posting up of legal notices, and suitable posts for such purpose were ordered to be erected or maintained by the supervisors at each of such places, viz.: (describe the places.)
The supervisors submitted to the electors a report of all the places at which guide posts are erected and maintained within the town, and of all places at which, in their opinion, they ought to be erected and maintained. Thereupon, it was ordered that guide posts be erected and maintained at the following places, viz.: (describe the places.)
The town clerk read publicly the report of the board of auditors, including a statement of the fiscal concerns of the town and an estimate of the sum necessary for the current and incidental expenses of the town for the ensuing year.
The supervisors rendered an account in writing, stating the labor assessed and performed in the town, the sums received by them for fines and commutation, &c.; a statement of the improvements necessary to be made on the roads and bridges, and an estimate of the probable expense of making such improvements beyond that of the labor to be assessed for this year, that the road tax will accomplish; also a statement in writing of all expenses and damages in consequence of laying out, altering or discontinuing roads.
On motion, it was ordered that the following sums of money be raised by tax upon the taxable property in said town for the following purposes for the current year: (enter the specific amounts carefully.)
On motion of H.S.H.H., the following by-law was adopted, ayes _____, noes _____: "It is hereby ordered and determined that it shall be lawful for horses, mules and asses to run at large in the town of __________, in the day time, from the first day of April to the 15th day of October, in each year, until further ordered."
On motion, it was resolved, &c., (set forth in order each resolution or order as it transpires.)
The next annual town meeting was ordered to be held at (naming the place.)
At five o'clock the polls were closed, proclamation thereof being made by the moderator. The judges then proceeded to publicly canvass the votes, and the persons having the greatest number of votes for the respective offices voted for were declared elected.
STATEMENT OF RESULT OF CANVASS. (To be read publicly.)
The following is a statement of the result of the canvass of votes by ballot for the election of officers at the annual town meeting in the of __________, county of __________, and state of __________, March _____, 18_____, as publicly canvassed by the judges at said meeting:
H.B. had _____ votes for chairman of supervisors.
J.L. had _____ votes for chairman of supervisors.
H.B. was declared elected chairman of supervisors.
(In this way give a statement of the votes cast for each officer.)
On motion the meeting adjourned without day.
J.H.T., C.O.C., Judges
Attest: R.G., Clerk.
State of __________, county of __________, town of __________, ss.
I, J.A., do solemnly swear (or affirm) that I will support the constitution of the United States and of the state of __________, and faithfully discharge the duties of the office of __________ of the town of __________, in the county of __________, and state of __________, to the best of my ability. J.A.
Subscribed and sworn to before me this _____ day of __________ A.D. 18_____
T.S., Justice of the Peace.
Know all men by these presents, that we, R.S., as principal, and B.B.S. and J.E. as sureties, all of the county of __________, and state of __________, are held and firmly bound unto J.D.E., E.C., and E.E., as supervisors of the town of __________, in said county, and their successors in office, in the sum of (five hundred) dollars, lawful money of the United States of America, to be paid to them as such supervisors, their successors or assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals dated the _____ day of __________, 18_____.
The condition of the above obligation is such, that whereas, the above bounded R.S. was, on the _____ day of __________, A.D. 18_____, duly elected (or appointed) __________ in and for the town of __________, in said county, for the term of __________, and is about to enter upon the duties of said office; now, therefore, if the said R.S. shall, will and does faithfully discharge all his duties as such __________ in and for said town, then the above obligation to be void, otherwise to remain in full force and virtue.
R.S. [Seal.] B.B.S. [Seal.] J.E. [Seal.]
Sealed and delivered in presence of
J.B. and G.J.
State of __________, County of __________, ss.
On this _____ day of __________, A.D. 18_____, before me, the subscriber, a __________ in and for said county, personally appeared __________ to me known to be the person described in, and who executed the foregoing instrument, and acknowledged that he executed the same as __________ free act and deed.
County of __________, ss. B.B.S. and J.E., being duly sworn, say each for himself, that he is surety in the within bond; that he is a resident and freeholder of the state of __________, and that he is worth the sum of (five hundred) dollars over and above his debts and liabilities, and exclusive of property exempt from execution.
B.B.S. and J.E.
Subscribed and sworn to before me, this _____ day of __________, 18_____.
W.R.P., Justice of the Peace.
(After folding the instrument the approving officer must indorse on its back the following words:) "I hereby approve the within bond and the sureties therein contained, this _____ day of __________, 18_____."
(Signed officially by the approving officer.)
State of __________, county of __________, town of __________, ss.
To H.A.B., (address,) clerk of the district court of the county of __________.
You are hereby notified that at the _____ town meeting held in the town of __________, in the county of __________, and state of __________, on the _____ day of March, A.D. 18_____, P.E.C. was duly elected to the office of justice of the peace, for the term of two years. (If elected to fill a vacancy, state who was the last incumbent.) Given under my hand, this _____ day of March, A.D. 18_____.
A.R., Town Clerk.
III. Roads.
To the supervisors of the town of __________, in the county of __________, and state of __________:
The undersigned, legal voters (who own real estate, or who occupy real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile), (or who are freeholders and residents of the town within two miles) of the road to be laid out (or altered, or discontinued), hereby petition you to lay out a new road (or alter, or discontinue a road) as follows: Beginning (give the point at which it is to commence, its general course and its termination.)
The description of the lands over which the said (new) road passes, and the names of the owners thereof which are known, as well as the lands whose owners are unknown, are as follows: (Give the owners of the lands that are known and describe the lands whose owners are unknown.)
And your petitioners pray that you will proceed to lay out said new road and cause the same to be opened (or alter, or discontinue said road) according to law. (Dated, and signed by at least six resident legal voters owning real estate or occupying United States or school lands within one mile, or at least eight resident freeholders within two miles of the road.)
State of __________, county of __________, town of __________, ss.
D.S. being sworn, says, that on the ______ day of __________, 18______, he posted copies of the within petition in three of the most public places of said town, to-wit: At (naming the places.) _________________________ D.S.
Subscribed and sworn to before me this ______ day of __________, 18______.
E.W.R., Justice of the Peace.
Notice is hereby given that the supervisors of the town of __________, in the county of __________, and state of __________, will meet on the ______ day of __________ A.D. 18______, at ______ o'clock in the ______noon, at __________, in said town, for the purpose of personally examining the route named below, proposed for a new (or altering, or discontinuing a) road, and for hearing all reasons for or against said proposed laying out (or altering, or discontinuance) and deciding upon said application. Said proposed new road (or alteration, or discontinuance) as described in the petition is as follows: (Here give the description of the route as contained in the petition.)
The several tracts of land through which said road will pass (passes) and the occupants thereof, as nearly as we can determine the same, are as follows: (Give a description of the lands and the names of the occupants, and if any have no occupants and the owners are unknown, state that fact.) (Dated, and signed officially by the supervisors.)
State of __________, county of __________, town of __________, ss.
D.S. being sworn, says that on the ______ day of __________, A.D. 18______, he served the within notice upon each of the occupants of the land through which the within described road may pass, by leaving copies as follows: To A.B. personally; to C.D. at his usual place of abode with E.F., a person of suitable age and discretion, (describing each service.)
That, also, on the ______ day of __________ A.D. 18______, he posted copies of the within notice in three public places in said town, to-wit: At (naming the places.)
Subscribed and sworn to before me this ______ day of __________, 18______.
E.W.R., Justice of the Peace.
State of __________, county of __________, town of __________, ss.
Whereas, upon the petition of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters, freeholders and residents of the town, within two miles), of the road proposed in said petition to be laid out (altered or discontinued), copies of said petition having been first duly posted up in three of the most public places of said town at least twenty days before any action was had in relation thereto, proof of which posting was duly shown to us by affidavit; Which said proposed new road (alteration or discontinuance) is set forth and described in said petition as follows, viz.: Beginning, etc., (set forth the road as given in the petition.)
And whereas, upon receiving said petition we did, within thirty days thereafter, make out a notice and fix therein a time and place at which we would meet and decide upon such application, to-wit: on the day of _____, A.D. 18_____, at __________, causing copies of such notice to be posted in three public places in said town, at least ten days previous to such meeting; and having met at such time and place as above named in said notice, and being satisfied that the applicant had, at least ten days previous to said time, caused said notice of time and place of hearing to be given to all the occupants of the land through which such highway might pass, by serving the same personally or by copy left at the usual place of abode of each of said occupants, proof of which was shown by affidavit, we proceeded to examine personally such highway and heard any and all reasons for or against laying out (altering or discontinuing) the same, and being of the opinion that such laying out (or altering, or discontinuing,) was necessary and proper and that the public interest would be promoted thereby, we granted the prayer of said petitioners and determined to lay out (alter or discontinue) said road, the description of which as so laid out is as follows, to-wit: Beginning, &c.
It is therefore ordered and determined that a road be and the same is hereby laid out (or altered) and established according to the description last aforesaid, and it is hereby declared to be a public highway, four rods wide, the said description above given being the center of said road.
Given under our hands, this, &c., (dated and signed officially by the supervisors.)
To the supervisors of the town of __________, county of __________, and state of __________:
The undersigned having been employed by you to make a survey of a road in said town would report that the following is a correct survey thereof, as made by me under your directions, to-wit: (Give an accurate description of the road by course and distance) and that below is a correct plot of said road according to said survey. (Dated and signed.)
State of __________, county of __________, town of __________, ss.:
Whereas, a road was laid out (or altered or discontinued) on the _____ day of __________, A.D. 18_____, by the supervisors of the said town of __________, on the petition of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters freeholders and residents of the town within two miles) of said road; which said road (or alteration, or discontinuance) is set forth and described in the supervisors' order, as follows, viz.: Beginning (describe the road as in the order laying it out); which said road passes through certain lands owned by us as described below:
Now, therefore, know all men by these presents, that we, the owners of the lands described below, for value received, do hereby * release all claims to damages sustained by us by reason of the laying out (or altering, or discontinuing) and opening said road through our lands, viz.: (Here give a description of the lands and their owners' names.)*
In witness whereof, we have hereunto set our hands and seals this day of __________, A.D. 18_____. (Signatures and seals.) Signed, sealed and delivered in presence of two witnesses.
(Use form "Release of Damages" to the * then substitute to the next * as follows:) do hereby "agree to and with the said supervisors that the damages sustained by us by reason of laying out (or altering, or discontinuing) said road be ascertained and fixed, and the same are hereby ascertained and fixed as follows: (Describe the lands, give the owners' names, and the amounts agreed on;" and conclude as in form "Release of Damages.")
State of __________, county of __________, town of __________, ss.:
Whereas, a road was laid out (or altered or discontinued) on the day of __________, A.D. 18_____, by the undersigned supervisors of the said town of __________, on the petition of (six) legal voters, owning real estate, or occupying real estate under the homestead or pre-emption laws of the United States, or under contract from the state of __________, within one mile (or eight legal voters, freeholders and residents of the town within two miles) of said road; which said road (or alteration, or discontinuance) is set forth and described in the supervisors' order as follows, viz.: Beginning (describe the road as in the order laying it out.) And not being able to agree with the owners of the following described lands, claiming damages by reason of said highway passing through, we have assessed the damages to each of such individual claimants with whom we could not agree, and awarded damages to the owners of such lands through which such highway passes as are unknown, at what we deemed just and right; taking into account and estimating the advantages and benefits the road will confer on the claimants and owners, as well as the disadvantages. We have assessed and awarded damages as follows:
(Here give a particular description of each tract of land and its owner, if known; but if not known, state that fact also.)
And in case of the following lands and claimants for damages, we estimate that the advantages and benefits said road will confer on them are equal to all damages sustained by them by reason of laying out (or altering, or discontinuing) said road, to-wit: (Set forth lands and owners as far as known; and describe the unknown lands, stating that the owners are unknown.) (Dated, and signed by the supervisors.)
State of __________, county of __________, town of __________, ss.
To J.P., justice of the peace in and for said county:
I, J.A.B., of said town, feeling myself aggrieved by the determination (award of damages) made by the supervisors of said town (county commissioners of said county) by their order bearing date the _____ day of __________, A.D. 18_____, in laying out (altering or discontinuing) (or refusing to lay out, alter or discontinue) a highway in said town (county), do hereby appeal to you for a jury to be summoned by you to hear and determine such appeal.
The highway (alteration or discontinuance) in question is described in said order, filed in the town clerk's (county auditor's) office of said town (county) ________, A.D. 18_____, as follows: (describe the road, as in the order on file), which said road passes through lands owned by me, viz.: (describing them.)
The grounds upon which this appeal is brought, are: (to recover $80 damages to my said land by reason of such laying out, instead of $40 as awarded in said order) (or, in relation to the laying out, or altering, or discontinuing said highway;) (or their refusal to lay out, or alter, or discontinue said highway;) (or said appeal is brought to reverse entirely the decision of the said supervisors or commissioners;) (or is brought to reverse that part of their order [specifying which part,] &c.) (Dated and signed by the appellant.)
I. Civil Suit.
State of _____, }ss.County of ____ }
[Footnote: This brace of lines, giving the state and county as introductory to a process, certificate, affidavit or other paper, is called a "venue," and should be inserted wherever the word(Venue)is expressed in forms given hereafter.]
The state of _______ to the sheriff or any constable of said county:
You are hereby commanded to summon A.M., if he shall be found in your county, to be and appear before the undersigned, one of the justices of the peace in and for said county, on the ___ day of _____ 18_____, at ___ o'clock in the ____noon, at my office in the ____, in said county, to answer to J.T. in a civil action; and have you then and there this writ.
Given under my hand this ___ day of ___, A.D. 18_____.
W.D.D., Justice of the Peace.
(Venue as in Summons.)
I hereby certify that I personally served the within summons upon the within named defendant, by reading the same to him, in said county, on the __ day of _________, 18_____.
Fees—Mileage, 8 miles, - - .80Service, - - - - - - - - - .15—.95
G.M.G., Constable.
State of ______} ss. In Justice Court,County of ____} Before W.D.D., Justice of the Peace.J.T., plaintiff,againstA.M., defendant.
[Footnote: All the affidavits, pleadings, and other papers filed by parties in an action should be "entitled," that is to say, should begin with a caption similar to the above, giving the state and county, name of justice, and the names of the parties, plaintiff and defendant, to the action. This caption (title of cause) is to be inserted in every form given hereafter, wherever it is so expressed.]
The complaint of the plaintiff shows to this court that at ___, in the state of ___, on the _____ day of ____, 18___, the defendant made his promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff (one year after date) the sum of (eighty) dollars, for value received, with interest thereon from the said date at the rate of (ten) per cent, per annum until fully paid, and delivered the same to the plaintiff.
That the plaintiff is now the holder and owner of said note; that the same has not been paid, nor any part thereof; but the defendant is now justly indebted to the plaintiff thereon in the sum of (eighty) dollars, with interest as aforesaid.
Wherefore, the plaintiff demands judgment against the defendant for the sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.
J.T. (Venue.)
J.T., the plaintiff (or defendant) in this action, being duly sworn, says that the foregoing complaint (or answer, or reply,) is true, to his own knowledge, except as to those matters stated on his information and belief, and as to those matters, that he believes it to be true.
J.T. (Jurat.)
(Title of cause.)
The answer of the defendant to the complaint herein, shows to this court:
1. That he admits the making and delivering of the note therein stated, but denies each and every other allegation therein contained.
2. And for a further defense this defendant shows that on the _____ day of _________, 18_____, he bought (a horse) of the plaintiff for the sum of (one hundred and thirty) dollars, and paid him (fifty) dollars in money, and the note of (eighty) dollars described in the complaint; which (horse), by the contract of sale, the plaintiff warranted to the defendant to be sound; and the defendant further states that the said (horse) was unsound at the time, whereby the defendant sustained damage in the sum of (one hundred) dollars.
Wherefore he asks that said amount of damage be set off against the amount of said note, and demands judgment for the balance of (twenty) dollars, besides costs of suit.
A.M. (Verified.)
(Title of cause.)
The reply of the plaintiff to the facts set forth in the answer of the defendant, denies each and every allegation therein contained.
J.T. (Verified.)
(Title of cause.)
(Venue.) A.M., being duly sworn, says, that he is the defendant in this action; that J.C.S., who resides in the town of _________, in said county, is a material witness for this defendant, without whose testimony he cannot safely proceed to the trial of this action; that the said J.C.S., if examined as a witness on the trial, will testify that he was present at the time the horse mentioned in the answer was purchased, and heard the plaintiff say to the defendant, "the horse is sound, and I warrant him so;" that he heard this defendant reply, "well, I shall rely entirely upon your warranty;" and that thereupon defendant gave his note for the balance of the purchase money of the horse.
That on the _____ day of _________, 18_____, he procured a subpoena for the said J.C.S., and went with the same to his residence to serve the same, when he there learned for the first time that said J.C.S. had unexpectedly left home the day before and had gone to _________, in the state of _________, to be absent (three) weeks. That he knows of no other person by whom he can prove these facts; and that he expects to be able to procure the attendance of said J.C.S. as a witness on the trial, if this cause is adjourned for (thirty) days.
(Jurat.)
State of ____, } ss.County of ___}
The State of _________ to J.K., J.L. and G.G.:
You are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, at my office in the town of _________, on the _____ day of _________, 18_____, at _____ o'clock in the _________ noon of said day, to give evidence in a certain cause then and there to be tried between J.T., plaintiff, and A.M., defendant, on the part of the plaintiff (or defendant.)
Given under my hand this _____ day of _________, 18_____.
W.D.D., Justice of the Peace.
(Venue.)
The State of _________ to the sheriff or any constable of said county:
You are hereby commanded to attach the body of S.K.B., if he shall be found in your county, and bring him forthwith before the undersigned, one of the justices of the peace in and for said county, at my office in the town of _________, in said county, to give evidence in a certain cause now pending before me, between J.T., plaintiff, and A.M., defendant, on the part of the defendant (or plaintiff); and also to answer all such matters as shall be objected against him, for that the said S.K.B., having been duly subpoenaed to attend at the trial of said action, had refused (or failed without just cause) to attend, in conformity to said subpoena; and have you then and there this writ.
Given under my hand, etc. W.B.D., Justice of the Peace.
(Title of cause.)
List of names of (twenty-four) inhabitants of the county of _________, qualified to serve as jurors in the district court of said county, made by me as directed by said justice of the peace, from which to impanel a jury in the above entitled cause.
G.W., Constable.
Dated, etc.
John J. Cooke, X
Allan K. Ware,
X Jared S. Benson,
Walter G. Brown,
George W. Jones,
Elias Bedall,
Erick Peterson,
Patrick Kelly, X
X Thomas O. Jones,
Julius Graetz,
John Shannon, X
X David F. Lamb,
Wm. W. Wertsel,
X Daniel G Pratt,
Horace S Roberts, X
J.W. Everstine,
Aaron M Ozmun,
X Ole T. Ruhd,
Lars Anderson,
Conrad Schacht,
O.P. Whitcomb,
X J.Q. Leonard,
Zera Fairman, X
Russell Blakely. X
** Names struck off by plaintiff checked on the right; by defendant checked on the left.
W.D.D., Justice of the Peace.
State of __________,}County of _________}ss.
The State of __________ to the sheriff or any constable of said county:
You are hereby commanded to summon (here insert the names in full), to be and appear before the undersigned, one of the justices of the peace in and for said county, on the ______ day of __________, 18______, at ______ o'clock in the ______noon of said day, in the (town) of __________, in said county, to make a jury for the trial of a civil action between J.T., plaintiff, and A.M., defendant, and have you then and there this writ.
Given under my hand this ______ day of __________, A.D. 18______.
W.D.D., Justice of the Peace.
(Venue.)
I hereby certify that, by virtue of the within writ, I have personally summoned as jurors the several persons named therein, viz. (give the list served; and if any are not served, add): and that the following named persons could not be found (giving their names.)
Dated this ______ day of __________, 18______. G.W., Constable. Fees, etc.
State of __________,}County of _________}ss.
The State of __________ to the sheriff or any constable of said county:
Whereas, on the ______ day of __________, A. D. 18______, a venire was duly issued by the undersigned, one of the justices of the peace of the said county, in the case of J.T.vsA. M., then pending before me as such justice; and, whereas, one E.F. was duly named as juror therein, and said venire was duly served upon said E.F. by G.H., a constable of said county; and, whereas, the said E.F. failed to appear as such juror, or to render any reasonable excuse for his default, as appears from the return of said constable, and from my docket; now, therefore, you are hereby commanded forthwith to apprehend the said E.F. and bring him before me to show cause why he should not be fined for contempt in not obeying said writ, and to be further dealt with according to law.
Given under my hand, etc.
W.D.D., Justice of the Peace.
(With oral pleadings, jury trial, execution, etc.)
State of _________,}County of _______,}ss.
In Justice Court.
Before W.D.D., Justice of the Peace.
J.T., Plaintiff,
against
A.M., Defendant.
Justice's Fees.
Summons……………$ 25Complaint…………. 15Answer……………. 15Reply…………….. 15Adjournment……….. 15Oath, 2d adjt……… 152d adjournment…….. 15Filing two papers….. 103d adjournment…….. 15Swearing jury……… 25Oath, nine witnesses.. 1 35Oath, officer……… 15Judgment………….. 25Taxing costs………. 15
$3 55
Constable's Fees.
On summons…………$1 10Jury list…………. 15Summoning jury…….. 1 001 day's att. court…. 1 00Attending jury…….. 50
$3 75
Plaintiff's Witnesses.W.A.,att. and mil…..$1 48L.D., " " ….. 1 24Z.S., " " ….. 1 12J.B., " " ….. 1 36
$5 20
$12 50
August l, 1887.—Summons issued, returnable August 9,1887, at 1 o'clockP.M.
August 5.—Summons returned by Constable S. (Here give the return of the officer.)
August 9, 1 P.M.—Parties appeared and joined issue. Plaintiff complained orally upon a promissory note, and delivered the same to the court, and stated that there was due him $80 and interest thereon, which he claimed to recover Of defendant; verified the same. Defendant answered orally, alleging that said note was given for a horse, which horse was warranted to be sound, whereas, in fact, it was unsound, claiming $100 damages thereby; verified. Plaintiff replied orally, denying the warranty; verified. Plaintiff then applied for an adjournment, and the suit was adjourned to August 16, 1887, at 1 P.M., at my office.
August 16, 1 P.M.—Parties appeared, and defendant applied for an adjournment of thirty days, to obtain material witness, and having shown cause therefor, upon oath, the suit was adjourned to September 16, 1887, at 1 P.M., at my office.
September 16, 1887, 1 P.M.—Parties appeared, and defendant demanded a jury of twelve persons, paying their fees. Venire issued and delivered to Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my office, to give time to summon the jury, and for them to appear.
September 17, 1 P.M.—Parties appear. Two of the jurors not appearing, G.D. and E.F. were summoned as talesmen. The following jurors were sworn: (Give the list.) The following witnesses were sworn for the plaintiff: (Note in order in the docket all exceptions taken to any testimony.) The following witnesses were sworn for the defendant, etc. The following witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the court are to be noted in the docket in order whenever they occur.)
September 17, 5 P.M.—After hearing the testimony, the jury retire, under charge of Constable G.W., sworn for that purpose.
6 P.M.—Jury returned into court, and say that they find for the plaintiff for the sum of $86.00.
Judgment rendered thereupon against the defendant for $86.00 and costs of suit, taxed at $12.50, on this 17th day of September, 1887.
W.D.D., Justice of the Peace.