Where is the fifth kind of voting practised?

Usually in the election of officers of different kinds. Where is the sixth kind of voting used?

Usually in the legislature and some other deliberate bodies, and in this way: the names of the persons entitled to vote are arranged alphabetically, and as the clerk calls the roll each member responds yea or nay as he wishes to vote for or against the bill or resolution.

In voting by yeas and nays, when each person's name is called, if he wishes to vote for the bill or resolution, he says, "yea," if against it he says "nay". This manner of voting is a record of each and every man's vote: if his name is not found in the list, it is evident he did not vote.

In the Congress of the United States, the yeas and nays of the members of either house, on any question, must, at the desire of one-fifth of those present, be entered on the journal. Art. I, Sec. 5. (See page 133.)

In the Legislature of the State of New York, every bill before it can pass must receive the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage must be taken immediately upon its last reading, and the yeas and nays entered on the journal. Art. III, Sec. 15. (See page 164).

A majority usually constitutes a quorum; but any act (in New York) which imposes a tax, or creates a debt, requires three-fifths of all the members elected to either house to be present to constitute a quorum. Art III, Sec. 21.

What are two-thirds and three-fifths bills?

See Constitution. Art. I, Sec. 9, and Art. III, Sec. 21. (See pages 155, 166.)

IMPEACHMENT.

In New York, what class of persons can be tried in the Court of Impeachment?

Public officers who have had charges preferred against them by the Assembly.

Of whom is the Court of Impeachment composed?

Of the Senators, or a majority of them, the Judges of the Court of Appeals, or a majority of them, and the Lieutenant-Governor; and two-thirds of all present must concur in order to convict.

When shall the Lieutenant-Governor not act as a member of this court?

When the Governor is being tried. He may be presumed to be an interested party, for if the Governor should be found guilty and be removed, the LieutenantGovernor would become Governor.

What penalty can be inflicted by this court?

Removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State.

Can such parties be further punished?

Yes; they may be indicted, tried, and punished according to law, by fine or imprisonment, or both, according to the nature of the crime.

COMMERCIAL PAPER.

What is Negotiable Paper?

Negotiable paper includes promissory notes, due-bills, drafts, checks, certificates of deposit, bills of exchange, -bank-bills, treasury notes, and all other evidences of debt which bear upon their face the words "or bearer,” "or order," or other words that make the paper transferrable from one person to another.

What is a Promissory Note?

A promissory note is a written agreement signed by one or more persons, promising to pay to another party a certain amount of money.

What should be specified in a Promissory Note?

The date; to whom and where payable; the amount t; that it is for value received. If it is to bear interest, this must be specified; and if it is to be negotiable, the words or bearer" or or order" should be inserted

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after the name of the payee.

NOTE.-The maker, the person whose signature the note bears, must be competent. Insane people and idiots are naturally incompetent, and aliens, minors, and married woman are in some States legally incompetent.

What is an Indorsement?

An indorsement is a name written across the back of a note, which makes the indorser holden for the payment of the note, providing the maker fails to fulfil on his part.

The following is a common form of a negotiable bank

note.

$2500

LOWVILLE, N. Y., May 1, 1892. Two months after date I promise to pay to the order of J. W. Davis, Twenty-five Hundred dollars, at the First National Bank of Lowville, for value received. JAMES BENSON.

To endorse this note, hold it before you, as if to read it; turn it over towards you with left hand at top of note; and write J. W. Davis across the back about one-third distance from top to bottom. This is called indorsing in blank.

When the following is written, "Pay E. W. Jones, or order, J. W. Davis," it is an indorsement in full.

When the following is written, "Pay E. W. Jones, or order, without recourse,” the indorsement is qualified. By it J. W. Davis transfers his ownership in the note to E. W. Jones, but he cannot be held responsible for its payment.

Each indorser in blank or in full is severally and collectively liable for the whole amount of the note indorsed if it be dishonored, provided it is duly protested and notice sent to each. The indorser looks to the man who indorsed it before him, and so back to the original maker of the note.

A note similar to the one above, signed "Lewis S. Evans, principal, John Jay, surety," is a "principal and surety note."

If the words be, "we jointly promise" instead of "I promise," and both names are signed, the note becomes a "joint note." If the words, we jointly and severally promise," instead of the words, "I promise," are used, and both names signed, it becomes a "joint and several note."

The following is a special form for a note signed by a married woman.

$400.

UTICA, N. Y., May 1, 1892.

Three months after date I promise to pay James See or bearer Four Hundred dollars, with interest, for value received. And I hereby charge my individual property and estate with the payment of this note.

What is a Protest?

CLARA C. JONES.

A protest is a formal notification to the maker and endorsers made by a notary public of the non-payment of a draft, note, or check.

Be it known that on the 4th day of March, 1892, at the request of the First National Bank of I -, Notary public, duly admitted and sworn, presented the annexed note of for

dwelling in to the First National Bank, and payment thereof demanded, which was refused. Whereupon I, the said Notary, at the request aforesaid, did Protest and by these presents solemnly do Protest, as well against the maker and endorsers

of the said note, as against all others whom it doth or may concern for exchange, re-exchange, and all costs damages and interest, already incurred, or to be incurred by reason of the non-payment of the said note.

And I the said Notary to hereby certify, that on the same day and year above written, due notices of the foregoing protest were put into the postoffice at or served as follows:

Names of principal and endorsers.

How does a Due Bill differ from a Note?

Notary Public.

A due bill differs from a note in the fact that it is simply an acknowledgment of a debt. It may be made payable in money or in merchandise, and is the simplest form of negotiable paper.

demand.

ROCHESTER, N. Y., May 1, 1892.

Due Henry Enos, Twenty Dollars, payable in goods at our store, on
A. T. STEWART & Co.

$10.

Mr. James Gilbert:

$15.

ORDER.

NORWICH, N. Y., May 1, 1892.

Please pay John Rees Ten Dollars on my account.

JAMES RICH.

RECEIPTS.

OGDENSBURG, N. Y., May 1, 1892.

date.

Received of James Kitts, Fifteen Dollars on account.

OR,

Received of James Kitts, Fifteen Dollars, in full of all demands to

What is a Contract?

CHARLES STEBBINS.

A contract is legally defined to be an agreement, between persons competent to make it, to do or not to do, for a consideration, some specified thing.

What are the essential Conditions of a Contract?

There must be two or more persons concerned, who are legally qualified to contract. The assent of both