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parties must be given freely and with full knowledge of the facts contained in the contract. There must also be a consideration: that is something given, done, or promised as a reason for entering into an agreement.

NOTE 1.-Corporations and States can contract only when empowered by their charter or constitution. Persons under twenty-one years of age, lunatics, and idiots are not competent to make contracts. Most contracts are oral, but all contracts for the sale of real estate or interest therein must be in writing. A minor may receive property but cannot legally sell it, and if he does can regain it. But a minor who has no parent or guardian may contract for food, clothing, and lodging, and may be made to pay for them.

NOTE 2.-Contracts are voided by fraud. Fraud is defined to be "every kind of artifice employed by a person for the purpose of deceiving another, to his injury." The party upon whom the fraud has been practised must void the contract as soon as he discovers the fraud.

NOTE 3.-Any violation of the essential requisites of a contract or the omission of an essential requisite will void it. The remedy for a broken contract is usually stated in a clause in which the parties bind themselves each to each other, in a penal sum of money, to be paid by the failing party to the other party. In case there be no forfeiture stated the courts when appealed to will assess the damages.

What is a Deed?

A deed is a writing by which one person conveys title in lands to another person. It must be dated, must contain the names of the parties, and a description of the land conveyed, must be signed by the party conveying the land, and must be acknowledged before a proper officer as follows:

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On this 1, day of May, 1892, before me the subscriber, personally appeared James Doe, to me personally known, to be the same person described in and who executed the within instrument, and acknowledged that he executed the same. J. A. CROWNER, Justice of the Peace.

NOTE 1.-The foregoing is called "an acknowledgment," and must be used to make deeds, mortgages and assignments valid; after which they can be recorded in the office of the County Clerk.

NOTE 2.-Notaries Public, Justices of the Peace, Judges of Courts, Mayors and Aldermen in citics are authorized to take acknowledgments.

NOTE 3.--In case the wife does not sign the deed with the husband, she will in case of death of her husband be entitled to a life-estate of one-third of the property.

NOTE 4.-The real property of any woman acquired before or after her marriage, remains her separate property, not liable for her husband's debts. She may make contracts; carry on a trade or business on her own separate account; dispose of her real and personal property by sale or by a will. She may be a guardian, executrix, or administratrix, and may give the necessary bonds.

What is a Warranty Deed?

A warranty deed is one by which the grantor covenants to insure the title in the lands conveyed against all persons whatsoever.

NOTE.-A quit-claim deed releases simply the interest which the grantor has in the land, whatever it may be.

In deeds made by executors, administrators, or guardians, there is generally no warranty,

Interlining or erasures in a deed, made before signing, should be [mentioned in a note on the margin, and witnessed in proper form. After the acknowledgment of a deed, the parties have no right to make the slightest alteration.

What is a Mortgage?

A mortgage is a conveyance of property, either real or personal, made for the purpose of securing the payment of a debt. When the debt is paid the mortgage becomes void and should be cancelled. A real estate mortgage must, like a deed, contain all the particulars, and when legally acknowledged can be recorded in the office of the County Clerk.

NOTE 1.-Mortgages on personal property are called Chattel Mortgages. They are good only for one year, unless renewed, and are filed in the office of the Town Clerk, except in those towns in which the county seat is located; in such towns chattel mortgages are filed in the office of the County Clerk.

NOTE 2.-In case the payment of money secured by the mortgage is not made according to the terms stated in the mortgage, the mortgagee can sell the mortgaged property as directed by law. Such sale is called a foreclosure.

NOTE 3.-When a mortgage has been fully paid and satisfied, the mortgagee must execute a paper as deeds and mortgages are executed, setting

forth the fact that the mortgage is satisfied and paid in full. This is called a satisfaction or discharge, and will be recorded in the office of the County Clerk. This restores the title to the mortgagor.

What is a Bond?

A bond is a written instrument made under seal, in which one party acknowledges himself "held and bound firmly" with another party, for the payment of certain sums of money, or for the performance of such other duties as are mentioned in the bond.

NOTE 1.-A bond accompanying a mortgage is additional security for the payment of the money secured by the mortgage, and is a lien upon the personal and other property of the mortgagee.

NOTE 2.-Certain civil officers, executors, administrators, assigns, etc., are required to give bonds; meaning that a guaranty is made by the party giving the bond that the officer will truly and well perform all his duties, and pay over all moneys required by the bond.

NOTE 3.-All crimes (except those punishable with death) are bailable; that is, the prisoner may be released if one or more persons give a bond, agreeing to pay to the State a certain amount of money fixed by the judicial officer in charge, in case the party charged with the offence or indictment does not appear when wanted.

NOTE 4.-When the bond is given for the payment of a certain amount of money the penalty is usually fixed at double the amount of money required to be paid; but the courts require the payment of an amount which will be a complete indemnification for damages sustained.

What is a Will?

A will is an instrument in writing, declaring what a person desires to have done with his property after death. It can be changed or revoked at his pleasure during

his life.

NOTE 1.-Persons of lawful age and sound mind can make a legal will, which must be subscribed by the testator, in the presence of two lawful witnesses, who at his request, and in his presence, and in the presence of each other, have subscribed their names as witnesses, together with their post office addresses.

NOTE 2.-The word "bequeath" applies properly to the personal estate, only; the word "devise " to real estate only. The safe way is to say,“I give, bequeath, and devise my estate and property as follows: that is to say "—and then go on and tell what shall be done with this or that piece of property, or sum of money.

NOTE 3.-The person named in the will to carry it into effect is called the Executor; if there be no person named as executor, or if the executor declines to serve, the court will appoint an “Administrator", whose duty it will be to settle the estate according to the provisions of the will.

NOTE 4.-Persons dying without a will are said to die intestate; in that case "administrators are appointed to administer the estate.

NOTE 5.-A codicil is a little additional will, changing the will as circumstances may require. There can be but one will and that the last one; but there can be any number of codicils.

NOTE 6.-All wills should contain words like these: "I make this as my last will and testament, hereby revoking all former wills made by me," etc.

SOVEREIGNTY.

What is a Sovereign State?

A State that administers its own government and is not dependent upon, or subject to another power.

What is the Right of Eminent Domain?

That superior dominion of the sovereign power within the State, including that previously granted by itself, which authorizes it to appropriate any part thereof to a necessary public use, reasonable compensation being made.

What is Public Domain?

The territory belonging to a State or to the general government; public lands, etc.

DECLARATION OF INDEPENDENCE.

IN CONGRESS, JULY 4, 1776.

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA.

When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitles them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government; laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long

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