The blank indorsement, the full indorsement and the general indorsement are practically the same; each entitles the holder of the note to the money, and to look to the indorser for payment if the maker of the note defaults. It has even been held that in a general indorsement the holder had the right to fill in the words "or order" if he saw fit. The qualified indorsement releases the indorser from any liability in case the maker of the note defaults. The conditional and restrictive indorsement are used only in special cases. Each indorser is severally and collectively liable for the whole amount of the note indorsed if it is dishonored, provided it is duly protested and notice given to each. The indorser looks to the man who indorsed it before him, and so back to the original maker of the note. As soon as a note is protested, it is vitally necessary that notice should be sent to each person interested at once. TO BE ON THE SAFE SIDE, it is well to see to it that any note offered for negotiation— Is dated correctly; Specifies the amount of money to be paid; Names the person to whom it is to be paid; Includes the words "or order" after the name of the payee, if it is desired to make the note negotiable; Appoints a place where the payment is to be made; States that the note is made "for value received;" And is signed by the maker or his duly authorized representative. In some States phrases are required in the body of the note, such as, "without defalcation or discount;" but, as a general thing, that fact is understood without the statement. PARTNERSHIP. The general rule is that every person of sound mind, and not otherwise restrained by law, may enter into a contract of partnership. There are several kinds of partners: 1. Ostensible partners, or those whose names are made public as partners, and who in reality are such, and who take all the benefits and risks. 2. Nominal partners, or those who appear before the public as partners, but who have no real interest in the business. 3. Dormant, or silent partners, or those whose names are not known or do not appear as partners, but who, nevertheless, have an interest in the business. 4. Special, or limited partners, or those who are interested in the business only to the amount of the capital they have invested in it. 5. General partners, who manage the business, while the capital, either in whole or in part, is supplied by a special partner or partners. They are liable for all the debts and contracts of the firm. A nominal partner renders himself liable for all the debts and contracts of the firm. A dormant partner, if it becomes known that he has an interest,. whether creditors trusted the firm on his account or not, becomes liable equally with the other partners. The regulations concerning special or limited partnerships, in any particular State where recognized, are to be found in the statutes of such State; and strict compliance with the statutes is necessary in order to avoid incurring the responsibilities attaching to the position of general partner. A person who lends his name as a partner, or who suffers his name to continue in the firm after he has actually ceased to be a partner thereof, is still responsible to third persons as a partner. A partner may buy and sell partnership effects; make contracts in reference to the business of the firm; pay and receive money; draw and indorse, and accept bills and notes; and all acts of such a nature, even though they be upon his own private account, will bind the other partners, if connected with matters apparently having reference to the business of the firm, and transacted with other parties ignorant of the fact that such dealings are for the particular partner's private account. The representation or misrepresentation of any fact made in any partnership transaction by one partner, or the commission of any fraud in such transaction, will bind the entire firm, even though the other partners may have no connection with, or knowledge of the same. If a partner sign his individual name to negotiable paper, all the partners are bound thereby, if such paper appear on its face to be on partnership account. If negotiable paper of a firm be given by one partner on his private account, and in the course of its circulation pass into the hands of a bona fide holder for value, without notice or knowledge of the fact attending its creation, the partnership is bound thereby. One partner cannot bind the firm by deed, though he may by deed execute an ordinary release of a debt due the partnership. If no time be fixed in articles of copartnership for the commencement thereof, it is presumed to commence from the date and execution of the articles. If no precise period is mentioned for continuance, a partner may withdraw at any time, and dissolve such partnership at his pleasure; and even if a definite period be agreed upon, a partner may, by giving notice, dissolve the partnership as to all capacity of the firm to bind him by contracts thereafter made. The withdrawing partner subjects himself, however, to a claim for damages by reason of his breach of the covenant. The death of a partner dissolves the partnership, unless there be an express stipulation that, in such an event, the representatives of the deceased partner may continue the business in connection with the survivors for the benefit of the widow and children. A partnership is dissolved by operation of law; by a voluntary and bona fide assignment by any partner of his interest therein; by the bankruptcy or death of any of the partners, or by a war between the countries of which the partners are subjects. Immediately after a dissolution, notice of the same should be published in the papers and a special notice sent to every person who has had dealings with the firm. If these precautions be not taken, each partner will still continue liable for the acts of the others to all persons who have had no notice of such dissolution. DON'T enter into a partnership without carefully drawn articles, and don't sign the articles until the partnership funds are on deposit. DON'T enter a firm already established unless you are willing to become responsible for its debts. DON'T do anything out of the usual run of business without the consent of your partners. DON'T mix private matters with partnership affairs, and don't continue in a partnership where trust and confidence are lacking. DON'T continue a partnership after expiration of articles, and do not make any change without due public notice. DON'T dissolve a partnership without due public notice or without designating a member to settle all matters outstanding. DON'T forget that a partner may be called upon to make good partnership losses with his individual property, and that each partner may be held for the acts of the other parners as well as for his own. AGENCY AND ATTORNEY. By agency is meant the substitution of one person by and for another, the former to transact business for the latter. An agency may be established by implication-an express agreement with a person that he is to become the agent of another not being necessary-or verbally, or by writing. A verbal creation of agency suffices to authorize the agent to make a contract even in cases where such contract must be in writing. Agency is of three kinds-special, general and professional. A special agency is an authority exercised for a special purpose. If a special agent exceed the limits of his authority, his principal is not bound by his acts. A general agency authorizes the transaction of all business of a particular kind, or growing out of a particular employment. The principal will be bound by the acts of a general agent, though the latter act contrary to private instructions, provided he keep, at the same time, within the general limits of his authority. Professional agents are those licensed by the proper authority to transact certain kinds of business for a compensation. The following are among this class of agents: 1. Attorneys. 2. Brokers. 3. Factors. 4. Auctioneers. 5. Masters of ships. In regard to the subject of an agency, the general rule is that whatever a man may do in his own right he may also transact through another. Things of a personal nature, implying personal confidence on the part of the person possessing them, cannot be delegated. Infants, married women, lunatics, idiots, aliens, belligerents and persons incapable of making legal contracts cannot act as principals in the appointment of agents. Infants and married women may, however, become principals in certain cases. Agency may be terminated in two ways-(1) by the act of the principal or agent; (2) by operation of law. In the latter case the termination of the agency is effected by lapse of time, by completion of the subject-matter of the agency, by the extinction of the subject-matter, or by the insanity, bankruptcy or death of either party. DON'T do through another what would be illegal for you to do yourself. DON'T lose any time in repudiating illegal acts of your agent. DON'T make an illegal act of your agent's your own by accepting the benefit thereof. DON'T transact business through an agent unless he can show that he stands in his principal's stead in the matter in hand. DON'T, as agent, appoint sub-agents without the consent of your principal. DON'T go beyond your authority in an agency uless you are willing to become personally responsible. DON'T accept an agency or act as an attorney in fact in complicated matters unless your powers are clearly defined in writing. LANDLORD AND TENANT. Leases for one year or less need no written agreement. Leases for more than a year must be in writing; if for life, signed, sealed and witnessed in the same manner as any other important document. Leases for over three years must be recorded. No particular form is necessary. If no agreement in writing for more than a year can be produced, the tenant holds the property from year to year at the will of the landlord. If there is no agreement as to time, the tenant, as a rule, holds from year to year. A tenancy at will may be terminated by giving the tenant one month's notice in writing, requiring him to remove from the premises occupied. A tenant is not responsible for taxes, unless it is so stated in the lease. The tenant may underlet as much of the property as he desires, unless it is expressly forbidden in the lease. Tenants at will cannot underlet. A married woman cannot lease her property under the common law, but this prohibition is removed by statute in most of the States. A husband cannot make a lease which will bind his wife's property after his death. A lease made by a minor is not binding after the minor has attained his majority. It binds the lessee, however, unless the minor should release him. Should the minor receive rent after attaining his majority, the lease will be thereby ratified. A lease given by a guardian will not extend beyond the majority of the ward. A new lease renders void a former lease. In case there are no writings, the tenancy begins from the day possession is taken. Where there are writings and the time of commencement is not stated, the tenancy will be held to commence from the date of said writings. Leases on mortgaged property, whereon the mortgage was given prior to the lease, terminate when the mortgage is foreclosed. Where a tenant assigns his lease, even with the landlord's consent, he will remain liable for the rent unless his lease is surrendered or cancelled. There are many special features of the law of landlord and tenant in relation to agricultural tenancy. Generally an outgoing tenant cannot sell or take away the manure. A tenant whose estate has terminated by an uncertain event which he could neither foresee nor control is entitled to the annual crop which he sowed while his estate continued, by the law of emblements. He may also, in certain cases, take the emblements or annual profits of the land after his tenancy has ended, and, unless restricted by some stipulation to the contrary, may remove such fixtures as he has erected during his occupation for convenience, profit or comfort; for, in general, what a tenant has added he may remove, if he can do so without injury to the premises, unless he has actually built it in so as to make it an integral part of what was there originally. The following are immovable fixtures: Agricultural erections, foldyard walls, cart house, barns fixed in the ground, beast house, carpenter shop, fuel house, pigeon house, pineries substantially fixed, wagon house, box borders not belonging to a gardener by trade, flowers, trees, hedges, U. I.-17 ale-house bar, dressers, partitions, locks and keys, benches, affixes to the house, statue erected as an ornament to grounds, sun dial, chimney piece not ornamental, closets affixed to the house, conduits, conservatory, substantially affixed, doors, fruit trees if a tenant be not a nurseryman by trade, glass windows, hearths, millstones, looms substantially affixed to the floor of a factory, threshing machines fixed by bolts and screws to posts let into the ground. DON'T Occupy premises until a written lease is in your possession, and don't depend on promises of a landlord unless they are part of such lease. DON'T accept a married woman as tenant unless the law of the State permit her to make an executory contract. DON'T think that you can legally eject sub-tenants unless you have given them notice of the tenant's forfeiture of his lease. DON'T make such improvements in premises occupied by you as the law would regard as immovable fixtures, unless you are willing to turn them over to the landlord when your lease expires. A building erected on foundations sunk into the ground would become part of the realty and thus belong to the landlord. DON'T think, however, that you have no right to remove trade fixtures erected by you. DON'T accept less than thirty days' notice when you rent by the month. DON'T forget that where premises are let for illegal use the law will not aid you in collecting arrears for rent. LAW RELATING TO FARMS, ETC. In a deed to agricultural property the boundaries should be clearly determined. The question, What does the farmer get? is answered by these boundaries, and the deed to a farm always includes the dwelling houses, barns and other improvements thereon belonging to the grantor, even though these are not mentioned. It also conveys all the fences standing on the farm, but all might not think it also included the fencing-stuff, posts, rails, etc., which had once been used in the fence, but had been taken down and piled up for future use again in the same place. But new fencing material, just bought, and never attached to the soil, would not pass. So piles of hop poles, stored away, if once used on the land, and intended to be again so used, have been considered a part of it, but loose boards or scaffold poles, merely laid across the beams of a barn and never fastened to it, would not be, and the seller of the farm might take them away. Standing trees, of course, also pass as part of the land; so do trees blown down or cut down, and still left in the woods where they fell, but not if cut and corded up for sale; the wood has then become personal property. If there be any manure in the barnyard or in the compost heap on the field, ready for immediate use the buyer ordinarily, in the absence of any contrary agreement, takes that also as belonging to the farm, though it might not be so if the owner had previously sold it to some other party, and had collected it together in a heap by itself, for such an act might be a technical severance from the soil, and so convert real into personal estate; and even a lessee of a farm could take away the manure made on the place while he was in occupation. Growing crops also pass by the deed of a farm unless they are expressly reserved, and when it is |