Notice of intention to propose resolution to build new town-house 1282 Notice to supervisors, of resolution to raise money for new town- Notice of supervisor or clerk calling meeting to fill vacancy. Appointment of an inspector of elections to fill a vacancy. Notice of acceptance of resignation of a town officer. Direction that legacies be paid in full, in priority to others. 1321 Declaration that legacies shall not be in satisfaction of debts. 1322 Provision that if legatee dies the legacy goes to his éxecutors. 1323 Codicil appointing a trustee and executor in the place of a deceased trustee and executor appointed by the testator's Codicil revoking the appointment of one of trustees and executors, and appointing a new one in his place....... 1341 Codicil appointing an additional trustee and executor..... 1342 III. INSTRUCTIONS FOR EXECUTION ACCORDING TO THE LAWS OF ABBOTTS' FORMS. CLERK'S AND CONVEYANCER'S ASSISTANT. CHAPTER I. ABANDONMENT. IN cases of Marine Insurance, after a constructive total loss, the insured may relinquish to the insurers his interest in the thing insured, so as to enable him to claim for a total loss. This act is termed Abandonment. It is made by giving notice thereof, either orally or in writing. (a) If in writing, no particular form is required ;(b) but it must be explicit, and should specify the particular cause of the abandonment. (c) It cannot be either partial or conditional. (d) The notice must be given within a reasonable time after information of the loss. (e) Once given, it is irrevocable, (f) unless the insurers refuse to accept it or consent to a revocation; (g) but it may become of no effect, if the information of loss proves unfounded.(h) 1. Short Form...... 2. Abandonment of vessel and cargo, with assignment, power of attorney, and covenant for further assurance..... 2 1. Short Form. (i) [Address.] [Date.] Understanding that the bark F., on her voyage from M. to N., has been compelled to seek the port of O. in distress, where she arrived, we hear, with several feet of water in her hold, () and the cargo was landed and (a) 2 Pars. Mar. L., 896; 2 Levi Com. L., 159. But if given by parol, it is the more important that it should be express, so that there shall be no doubt of the intent. Parmeter v. Todhunter, 1 Camp., 541. (b) Comegys v. Vasse, 1 Pet. U. S., 193. (c) Suydam v. Marine Ins. Co., 1 Johns., 181. (d) Ib.; Arn. on Ins., 1149. (f) 2 Pars. Mar. L., 412; 2 Levi Com. L., 166. (g) Radcliff v. Coster, Hoffm., 98. (h) Dickey v. Am. Ins. Co., 3 Wend., 658. (i) This form is sustained by McConochie v. Sun Mutual Ins. Co., 3 Bosw., 99. (j) The particular cause of loss must be stated, and the abandonment cannot be sustained upon a cause not stated. Suy (e) Smith v. Steinbach, 2 Cai. Cas., 158. dam v. Marine Ins. Co., 1 Johns., 181. Abandonment. found very seriously damaged to more than one half the value, (k) we therefore hereby abandon to you two hundred and eighty hogsheads of sugar, valued at $35 per hhd., insured by you under our open policy, No. 29,179, for $23,800, and shall claim for a total loss. () Yours, &c., 2. Abandonment of Vessel and Cargo, with Power of Attorney and Covenant for Further Assurance. TO ALL to whom these presents may come, greeting: WHEREAS, We, A. B. and C. D., of the city of caused to be insured by the in the State of Insurance Company, [here dollars, state the insurance-e. g., thus:] lost or not lost, the sum of port of discharge in the United States, as by a policy, numbered to on or about the will more fully appear; and whereas, the said ship, whilst she was sailing on her voyage from day of last past, [here state cause of loss-e. g., thus:] was overtaken by a violent storm and gale of wind, by which the vessel was foundered and sunk with her said cargo, and thereby was, and ever since has been, and now is totally lost to us, the aforesaid A. B. and C. D. Now, THEREFORE, know ye, that we, the aforesaid A. B. and C. D., do hereby abandon to the said Insurance Company such proportion of the said ship and cargo, and of our interest therein, as the said sum of dollars by them insured bears to the whole vessel and cargo. And we do hereby constitute and appoint G. H., Esq., president of the said Insurance Company, our true and lawful attorney in our names, but for the use of the said company, and at their costs and charges, to claim, sue for, recover, and receive such proportion of the said vessel and cargo as is hereinbefore by us abandoned. And we, the said A. B. and C. D., do hereby for ourselves, our executors and administrators, covenant and agree, to and with the said company, that we, our executors and administrators, shall and will, at all times hereafter, at the request, and at the costs and charges of the said Insurance Company, make, seal, execute, acknowledge, and deliver all and every such further and other conveyances and assurances for the better conveying and assuring to the said company the proportion of the said vessel and cargo (k) It is better to indicate the extent of the loss as being more than one half the value, though this is not essential. The notice is sufficient if it gives information which renders the inference of a constructive total loss highly probable, and abandons absolutely. McConochie v. Sun Mut. Ins. Co., 8 Bosw., 99. (Further instruments of assignment, such as are referred to in the succeeding form, are not essential. An abandonment, rightly made and accepted, transfers the interest of the insured. The law gives to it all the effect which the most accurately drawn assignment would accomplish. Comegys v. Vasse, 1 Pet. U. S., 193. Instructions for Drawing Abstracts of Title. herein before by us abandoned, and all and every such further and other letter or letters of attorney for enabling the said company, at their own charges, to ask, demand, sue for and recover the said proportion of the said vessel and cargo, as to them, 'the said company, shall seem reasonably necessary. IN TESTIMONY WHEREOF, we have hereunto set our hands and seals, this day of , A. D., one thousand eight hundred and A. B. [Seal.] CHAPTER II. ABSTRACTS OF TITLE. AN abstract of title is a document presenting in a connected form the substance of the various instruments affecting the ownership of real property. It is the appropriate means of laying before one who contemplates buying the property in question, the history of the title which the seller proposes to convey.(a) (a) In England, abstracts have an importance in conveyancing, which, in the United States, they have never yet acquired. There are well-settled rules governing the duties of parties to real property transactions, relative to the preparation and verification of the abstracts; and the art of preparing these documents is far advanced, and has been the subject of several distinct works. It appears there to be considered as implied in ordinary contracts for the sale of real property, that the seller will, before the time fixed for the completion of the contract, furnish to the buyer evidence of the sufficiency of the title he proposes to convey. See Gardnor's (William) Directions for Drawing Abstracts of Title: Lond., 1840. Harper's (S.) Practical Hints: Lond., 1829. Lee's (J. Y.) Treatise on the Evidence of Abstracts of Title to Real Property: Lond., 1843. Moore's (Henry) Instructions for Preparing Abstracts of Titles: Lond., 2d ed., republished in Philadelphia Law Library, 1853. Preston's (Richard) Essay on Abstracts of Title, 2d ed.: Lond., 1824; New York, 1828, 3 small vols., 8vo. pared and furnished to the buyer, giving him an opportunity to verify it by comparison with any original deeds in the seller's possession or otherwise, as circumstances may admit; and until this is done, the buyer is not bound to accept a deed, or pay purchase-money. Upon the buyer, however, devolves the labor or expense of verifying the statement furnished; of ascertaining that it correctly states the original deeds, etc., and determining that the title proffered is one which he is satisfied to accept. In the United States, many circumstances-such as the comparative youthfulness, so to speak, of our land titles, the very general extension and completeness of systems of recording deeds, the moderate values of landed property, and the characteristic inclination of our people for sales and exchanges, have prevented any such necessity for these abstracts as has arisen in English practice. We know of no American works on the subject until the appearance of Curwen's (Maskell E.) Manual upon the Searching of Records and the Preparation of Abstracts of Title to Real Property. CincinHe must cause an abstract to be pre- nati: Clarke & Co., 1865. This is a small |