property upon her to hold in her own right. This agreement was made of course in consideration of marriage, and this statute requires it and all similar contracts to be written. Mutual promises of marriage, however, are not included in the provisions of the statute.

104. Contracts to Answer for the Debt, Default or Miscarriage of Another. Perhaps no provision of this statute is more frequently violated than this. Often the contract is made verbally and fulfilled, the parties never dreaming that they could not have been compelled to fulfill it or suffer the consequences. The language of the statute describes a guaranty, and from the phraseology, "Debt, default or miscarriage" it will be seen to include not only cases arising out of contract, but out of tort as well.

A and B entering C's store, B says to C, "Let A have $50 worth of goods, and if he does not pay for them I will." This is not valid unless in writing, for it is a contract to answer for the debt of another. Had B said, "Let A have $50 worth of goods and I will pay for them;" this would have been good, though not in writing, for it is B's debt, and not a contract to answer for the debt of another.

It matters not in what words the contract be stated if it be a conditional contract, that is, to pay if another does not, then it comes within the meaning of the statute.

A owes B a debt, the exact amount of which is not determined. C for a consideration agrees to pay this debt. This need not be in writing, for it is an absolute agreement, and not conditional.

A secures a position of trust in a bank and gives B as a reference as to his honesty. B says that he will guarantee the faithful performance of A's duties. This will not be binding unless in writing.

The A Co., a corporation, had owed B for some time and at B's suggestion, C, D and E, all directors of the A Co., gave their joint note to B for the indebtedness. B was not able to collect the note. Why? 26 So. Rep. 981.

105. Contracts for the sale of Goods, Chattels or Things in Action. This provision of the old English statute has not always been re-enacted by the states, for change of possession of personal property usually follows quickly upon a change of its ownership. Many states have, however, adopted it, but the amount of the sale, which may be verbal, varies in the different states. In Illinois, and perhaps one or two other states, this section has not been enacted, and hence does not apply there. In Maine, New Jersey, Missouri and Arkansas the amount stated is $30.00. In Iowa and Florida a contract for sale of personal property for any amount must be written. (See sections 291 and 294.)

CHAPTER XI.

STATUTE OF LIMITATIONS.

106. Meaning.-Statutes of limitations proceed upon the maxim that legal rights should be asserted within a reasonable time, and beyond that the law will not lend its aid to the injured party to secure his rights. They have often been called statutes of repose, for after a certain time the action is at rest so far as the law is concerned, though the moral obligation still exists.

The common law fixed no limits within which an action might be brought, so the matter has been regulated by statutes. When the time is past in which an action may be brought, it is said to be "Barred by the statute of limitations, or "outlawed."

107. When the Time Begins to Run.-In general the time mentioned in the statute begins to run from the very first day the action could have been brought. And this would be the case even though the party did not know of his right of action until long after. In a running account, or note on which there have been payments, the time begins at the last payment. The payment of interest will have the effect of keeping the debt alive. By the English statute the time begins to run from the date of a note payable on demand, but the statutes of most states have provided for this case.

108. Saving Clause.-There are certain reasons which the law will recognize as valid excuses for not bringing an action within the prescribed time. These are said to take the case out of the statute. The ones usually recognized are infancy, coverture, insanity, imprisonment and absence from the state. They are said to be “disabilities," and the person successfully pleading one of them is said to be laboring under a disability.

As a rule, when the disability exists at the time the action accrues, the statute does not begin to run until the disability has been removed. The state statutes differ as to the length of time allowed for bringing the action after the disability has been removed. The old English statute allowed six years. In many states the statute will not be suspended by a disability intervening after the action. accrues. The five disabilities mentioned above extend to the plaintiff, but only the last one, absence from the state, also applies to the defendant.

A of Chicago owes B of Chicago on a note. When the note falls due A is abroad and remains out of the state for a year. The statute does not begin to run until he returns.

109. Acts and Admissions That Revive the Claim.-The object of the statute is to protect the debtor against claims so stale that the evidence to rebut them might not now be found. It also proceeds on the supposition that the debtor has paid the claim. In case, therefore, there is an expressed promise to pay the debt, the statute will begin to run again from the day of such promise. The English law did not require this promise to be in writing, but the statutes of many states do so require it.1 A voluntary payment by the debtor, being in the nature of an acknowledgment of the debt, and showing

1 California, Georgia, Idaho, Iowa, Kansas, Louisiana, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, South Dakota, Utah, Vermont, Washington, West Virginia, Wyoming.

an intention to pay it, will revive a debt even though it be already barred.

It should be observed that this statute must be specially offered as a defense to an action, and a desire shown to take advantage of it, for the courts will not, of their own motion, take notice that the claim ought not to be recovered on, or is barred.

110. Statutes Vary in Different States.-The length of time within which a suit must be brought, varies in the different states, and this frequently results in suddenly leaving a creditor without remedy. For instance, A owes B an open account in the state of Michigan, where the statute is six years. The account being two and a half years old, B feels secure that he yet has three and a half years within which to bring his action, but suddenly A moves to California, where the limit is two years, which is already past. B is without remedy. On the other hand, these conditions are sometimes reversed, in which case it is in favor of the creditor. But some few states have denied him this extension, and declare that the law of the state where a contract is made (lex contractu) and not where it is sought to be enforced (lex fori) shall govern. In other words, if the debt is barred where it was made, it is also barred where it is sought to be enforced.

TENDER.

111. Meaning.-To tender means to offer, and it is in this sense. that the term is used here. It is an offer made by a debtor to deliver something to a creditor that he is obligated to deliver. Not every offer however, will operate as a legal defense. In order to be a legal tender, that is, one that the law will recognize as such, there are certain conditions as to what, where, when and how, that must be observed.

112. Money. When the obligation is to pay a sum of money, either on a contract or as damages for some wrongful act, the tender must be made of certain kinds of money. The constitution of the United States gives to congress alone the right to say what money can be used as legal tender. In pursuance of this it has provided that the following moneys may be so used:

I. Gold coin and silver dollars in any amount.

II. Silver coins smaller than one dollar in amounts not exceeding ten dollars.

III. Coppers and nickel coins up to twenty-five cents.

IV. Greenbacks for any amount and for any debt except duties and interest on the public debt.

V. Treasury notes in any amount Greenback - S4 Goodyear) One of the most common forms of currency, national bank notes, is not included in this list, for they have never been recognized by congress as legal tender. If, however, they are tendered, and no objection is offered to them on this account, and the tender is otherwise well made, it will be legal. Gold and silver certificates are not legal tender if objected to.

113. Chattels -The obligation may not require the payment of money, but the delivery of a chattel, in which event it may become necessary to make a tender of the chattel as a condition precedent to bringing an action for its price. Or the debtor may wish to tender the property mentioned in his chattel note in order to free himself from its care. The whole quantity must be tendered and not a part. The offer must be unconditional, and made in such a manner as to leave nothing for the creditor to do but to accept the property and thus to vest the title in himself.

114. Manner of Making Tender.-When money is to be tendered, not only certain kinds of money should be used, but the exact amount, or at least if more is tendered no change should be demanded, for the offer would then be conditional. With this condition the creditor might not be able to comply. If the contract specifies the place of payment tender may be made there, but if no place is mentioned the debtor should seek the creditor and make tender to hini or his duly authorized agent. The only condition that can be exacted by the debtor is when the creditor holds a note for the amount he can insist on its return. Unless the creditor waives it, the actual money must be produced and offered, and it is not sufficient to signify a willingness and readiness to pay.

115. Effect of Tender.—When the tender is one of money, and it is legally made, it does not discharge the debtor, but it relieves him from the payment of further interest, and from the costs of any subsequent action that may be brought against him on the claim. In order to keep his tender good, and to save himself the benefits of it as a defense, the debtor must be in readiness at all times to produce and pay the amount on demand.

In case the debtor is sued, he pleads a legal tender, and brings the money into court. The burden lies on him to show that he made a