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Popular Law Library Vol5 Sales, Personal Property, Bailments, Carriers, Patents, Copyrights | by Albert H. Putney



A sale is a complete transfer of the full property-rights, that is, the title, in the personal oroperty sold by the seller, and made in consideration of the price in money paid by the buyer. At common law, a sale was styled "a bargain and sale of goods," to distinguish it from a contract to sell. Kent's definition of a sale, is a contract for the transfer of property from one person to another...

TitlePopular Law Library Vol5 Sales, Personal Property, Bailments, Carriers, Patents, Copyrights
AuthorAlbert H. Putney
PublisherCree Publishing Company
Year1908
Copyright1908, Cree Publishing Company
AmazonPopular Law-Dictionary
-Eleventh Subject. Sales. Chapter I. Definition And Nature. Section 1. Definition
By Shelley B. Neltnor, D. C. L. Professor Of The Law Of Sales, Agency And Negotiable Instruments At The Illinois College Of Law. Member Of The Chicago Bar. A sale is a complete transfer of the ful...
-Section 2. Sales Distinguished From Bailments
A sale is to be distinguished from a bailment, in that in the bailment, the obligation always remains to restore to the bailor, the particular thing transferred to the bailee, although it is still a b...
-Section 3. Sale Distinguished From Mortgage
It is of frequent occurrence, that a difficulty arises in determining in a given case, where the possession of the goods are delivered by one, to another, where an indebtedness exists on the part of t...
-Section 4. Sales Distinguished From Consignments To Sell
A mere consignee of goods, that are to be sold on a commission for the owner, is a factor, and the representative, or agent of the owner. The title remains in the consignor. And it has been held that ...
-Section 5. Sales Distinguished From Gifts
A gift of property to be valid, in any case, must be by actual delivery and acceptance of the thing given.25 The law will however, presume acceptance of a beneficial gift where the recipient is unable...
-Section 6. Sales Distinguished From Barter
In a barter, the consideration is paid in goods or merchandise, susceptible of valuation, and is not a payment in money.28 Where a liquor dealer furnishes liquor, and receives in payment pool checks w...
-Chapter II. The Contract. Section 7. The Oldest Form Of Contract In English Law
The law of sales is based upon the Roman law, in its later stage as modified by the praetors and by legislation. In the Roman law a sale meant originally only a barter; but the introduction of coined ...
-Section 8. Requisites Of A Contract Of Sale
A sale, being simply one form of contract, to be valid, and binding on the parties thereto, must have all the usual essential elements that are required in any contract. The parties to the sale must t...
-Section 9. Parties
It is deemed unnecessary to discuss here, the general incapacities of certain parties to enter generally into contract obligations, or to secure to themselves contract rights by their own agreements. ...
-Section 10. Consideration
The price must always be money or money's worth.11 When the parties have expressly agreed upon the price to be paid for the sale of a thing, this settles the question, but the price to be paid is not ...
-Section 11. Formal Requisites
In the absence of a statute the law requires no particular formalities to give validity to the contract of sale. But in addition to the Statute of Frauds, the law may require that where a bill of sale...
-Section 12. Illegality
There are various circumstances that may arise, to make a contract of sale void for illegality. But the usual ground is that the subject matter of the sale is of a thing, the sale of which, the law pr...
-Chapter III. Objects Of Sale. Section 13. Corporeal Personal Property
Goods which have a tangible physical existence, such as to render the goods themselves capable of delivery, are styled corporeal. When the term goods is used, it ordinarily includes all corporeal pers...
-Section 14. Incorporeal Personal Property
The property sold need not of necessity have a corporeal existence; for instance, the good will of partnership may be sold.8 It has also been held that knowledge and existence of an oil well may be th...
-Section 15. After Acquired Property
It is the general rule that even though the title to the property is still to be acquired, one may sell or 9 Reed vs. Golden, 28 Kans., 632. 10 N. Y. Biscuit Co. vs. Cambridge, 118 Mass., 279. 11 ...
-Section 16. In General
In treating of the subject matter of the sale, that is, the thing to be sold, it must be kept in mind that it is quite necessary that the vendor have title, as the vendor in any event only is able to ...
-Chapter IV. Conditions And Warranties. Section 17. Definition Of Warranty
A warranty is denned as the collateral agreement, that is annexed to the agreement transferring the property right in the thing sold, by which warranty, the seller vouches for, either expressly or imp...
-Section 18. Warranty
With every contract of sale is the collateral agreement of warranty, which may be either express or implied, but since the warranty is always auxiliary to the main contract which transfers the title i...
-Section 19. Time Of Making Warranty
Every agreement requires a consideration to support it. Therefore if the warranty is not made at the time of the sale it is not binding, unless it is made upon a new and separate consideration.6 But a...
-Section 20. Implied Warranties
Implied warranties are such as are imputed in law upon the whole transaction, as for instance that the seller has title, or that the goods as to bulk, will correspond with the sample, or that the good...
-Section 21. Sale By Description
In the United States, a sale made of goods by-description, where it is an executed contract of sale of goods, will carry with it a warranty that the goods will be as described, either as to kind, qual...
-Section 22. Sale By Sample
The law does not imply a warranty on the sale of ascertained goods, where the buyer has ample opportunity to inspect the thing to be sold, and the seller is neither the manufacturer or producer of the...
-Chapter V. Passing Of Title. Section 23. Executed And Executory Contracts
A sale, as distinguished from an executory contract to sell, only takes place when the agreement to transfer the property rights in the goods is concluded. It is true that delivery is not essential to...
-Section 24. Intent Governs
Whether the contract agreement is held to be a sale, or a bargain and sale, as it was early called, or whether it was merely an agreement to sell, depends upon the intention of the parties to the cont...
-Section 25. Something Remaining To Be Done
Where doubt is raised by the parties themselves 3 Byles vs. Collier, 54 Mich., 1 failing clearly to express their intention, certain rules of construction are adopted by the courts. The law indulges i...
-Section 26. Sale Of Specific Chattels Unconditionally
It is the general rule of law, that when a sale and delivery is made of specific chattels without condition, title passes thereby to the buyer and the law presumes the contract is an actual sale, even...
-Section 27. Sale Of Specific Chattels Conditionally
It is always within the province of the parties to a sale, to regulate the time when the title shall pass, and if they annex a condition to the contract, that the goods are to be first put in a delive...
-Section 28. Sale Of Chattels Not Specific
It is quite essential to the sale that the goods to be sold, must be separated from other goods so that they may be identified, in order that title pass.10 The same rule applies to goods that are to b...
-Section 29. Sale Of Chattels Not Yet In Existence
A contract may be made for the sale of goods, not yet in existence, but the contract does not ordinarily become a sale, until the goods are manufactured, produced or grown and the seller's complying i...
-Section 30. Reservation Of Jus Desponendi
Whatever the presumptions are that the court may indulge in, as to the intention of parties from the circumstances or condition under which the sale is made, these inferences will be repelled, by it b...
-Section 31. Where Title Passes
The rule is well established that the title passes in the place where the contract of sale is made, and under the rule that the lex loci contractus controls in the matter of the validity of the contra...
-Chapter VI. Performance Of The Contract. Section 32. Payment And Delivery Concurrent Conditions
The title to the goods having passed, it remains for the seller to put the purchaser in possession. The right to possession, ordinarily arises with the passing of the title, and unless the parties to ...
-Section 33. What Constitutes Delivery
What constitutes delivery, so as to give the seller a right to sue for the unpaid purchase price, depends oftentimes upon the express agreement made between buyer and seller, or delivery may depend up...
-Section 34. Place Of Delivery
The place of delivery as already stated, is ordinarily fixed as the place where the goods are at time the sale is made. If goods for instance, are bought at a shop, delivery is to be made there, in th...
-Section 35. Delivery To Carrier Or Third Person
In all cases where the purchaser ultimately wishes to make use of the goods at a place, distant from the place of purchase, it is quite necessary that the goods be shipped to him by carrier, but since...
-Section 36. Time Of Delivery
Where the time of delivery is not fixed by the terms of the contract, the law demands that the delivery be made within a reasonable time. What is a reasonable length of time, depends upon the facts an...
-Section 37. Quantity And Quality Of Goods Delivered
The amount of goods, or the quantity, or quality of the material purchased as named in the contract, is the amount, or quantity to be delivered, the contract could not be satisfied by delivery of a le...
-Section 38. Mode Of Delivery
In addition to the buyer's placing the goods at the disposal of the purchaser in a deliverable state, or delivering the goods to the carrier, or other agent of the buyer with notice of the same to the...
-Section 39. Excuse For Non-Delivery
It is a general rule of the law of sales that the seller is not in default, if the delay on his part is occasioned by the default of the purchaser in first doing that which is a condition precedent to...
-Section 40. What Constitutes Acceptance
Once the contract of sale has been made, the buyer owes the reciprocal duty to the seller, of making acceptance of the goods when delivery of the goods is made by the buyer. This includes something in...
-Section 41. Excuse For Non-Acceptance
The buyer is likewise excused from performing his part of the contract, namely, making acceptance of the goods, where the other party to the contract of sale is in default. The default of the seller m...
-Section 42. Conclusion
When delivery is made by the seller, and acceptance is made by the buyer, the contract of sale is complete in so far as executing the sale is concerned, but there may be nevertheless, outstanding righ...
-Chapter VII. Rights Of Unpaid Seller. Section 43. Suit For Contract Price
If the purchaser defaults in the payment of the purchase price, as fixed in the contract of sale, the primary relief to the seller, as against buyer personally, is the right to sue for the contract pr...
-Section 44. Action For Damages
Where the subject matter of the sale has not been delivered, or where the contract may be rescinded on the ground of fraud, or otherwise, the remedy of the seller is in an action for damages for breac...
-Section 45. Seller's Lien
The seller, after he has sold the goods named in the contract of sale, continues to have a special property interest in the goods, which grows out of the original ownership, as long as the possession ...
-Section 46. Stoppage In Transit
The right of stoppage in transitu, that is the right to reclaim the possession of the goods while still in transit, from the seller to the buyer, was founded in the civil law, and looked upon as a rem...
-Section 47. Re-Sale
The unpaid vendor of goods has the further right of making a re-sale of the goods under certain circumstances. The title to the goods sold may have passed, and yet the vendee may refuse to fulfill his...
-Chapter VIII. Remedies Of The Purchaser. Section 48. Damages For Non-Delivery
Where the grounds for specific performance of the contract are absent, the remedy of the buyer for failure to deliver, is by an action at law for the actual damages suffered by the seller's default. T...
-Section 49. Damages For Breach Of Warranty
If the title of the vendor is defective, and the real owner claims the goods, the buyer may recover damages for breach of warranty of title. Here the measure of damages would be for the actual loss su...
-Section 50. Specific Performance
A bill for specific performance on a contract to sell, will ordinarily not be entertained by a court of equity. The buyer will be decreed to pursue his remedies at law. Specific performance is usually...
-Chapter IX. Rescission Or Modification Of Contract. Section 51. Mutual Consent
The right to rescind or modify a contract of sale, the terms of which have previously been arranged, is always open to the parties whether the contract is executed, or executory merely. Mere abandonme...
-Section 52. Seller's Right To Rescind
In addition to the right of the seller to rescind the contract, where the contract by its terms gives the right, the seller may also rescind upon any of the grounds upon which contracts generally may ...
-Section 53. Buyer's Right To Rescind
The buyer may also exercise the right to rescind the contract of sale, in accordance with the original terms of the sale where the terms of the contract contain such a privilege. So the buyer may elec...
-Chapter X. Protection Afforded Bona Fide Purchasers. Section 54. In General
The general rule is, that where goods are sold by one who himself has no title to the same, or who has no authority to sell, as the agent of the owner, that the sale is invalid as against the right of...
-Section 55. Who Are Bona Fide Purchasers?
A bona fide purchaser is a purchaser who buys property in good faith, that the seller has a good title to the goods, and that there are no other persons who have any right to title to the goods. To be...
-Section 56. Purchaser From Thief
The courts have repeatedly held that a bona fide purchaser can acquire no title to goods purchased from the felon who has stolen the same, and that the owner may recover the goods, or their value if t...
-Section 57. Purchaser From A Life Tenant
As to the right of the purchaser from the life tenant to claim the rights of a bona fide purchaser, as against the remainder-man, where he purchases in good faith and without notice, it has been held ...
-Section 58. Purchaser From Co-Tenant
When co-tenants own personal property, in common or jointly, one of the co-owners cannot by sale of the thing so owned rightfully transfer the title of his co-owner, unless of course in the case where...
-Section 59. Purchaser From Bailee
An answer to the query, as to whether or not a mere bailee may convey title where he has the possession of a thing to an innocent purchaser, who has no notice of, the owner's title, is to present the ...
-Section 60. Purchaser From A Lessee
A purchaser from the wife of the lessee of a farm, who has in her possession and control certain personal property, which in fact, is the property of the owner of the farm, cannot claim the right to t...
-Section 61. Purchaser From Vendee In Sale Fraudulent As To Creditors
The general rule is stated as follows: One who buys from the vendee or assignee of a debtor, may himself take a good title to the goods so bought, even though the debtor's vendee who buys, had notice ...
-Section 62. Purchaser Of Negotiable Paper
Negotiable paper includes at common law, bills of exchange and notes, and to a limited extent, checks. Bills and notes were designed to take the place of money. The right to transfer money freely from...
-Section 63. Purchaser In Market Overt
Sales in market overt in England, offer an exception to the general principle that the vendor can convey-only such title as he himself possesses. As has been stated, the doctrine has no application in...
-Section 64. Other Illustrations
Many illustrations are given in the law reports of cases involving a sale by one in possession of the goods, where the question arises as to his rights to convey, or the rights of an innocent purchase...
-Chapter XI. The Seventeenth Section Of The Statute Of Frauds. Section 65. The Rules As To Sale Of Goods
The seventeenth section of the statute of frauds, which has to do purely with the sale of goods, is as follows: No contract for the sale of goods, wares or merchandises for the prices of ten pounds s...
-Section 66. Contracts Within The Statute
Broadly speaking, this section of the statute includes all contracts for the sale of goods for the price specified. The term sale being understood in its ordinary meaning, that is, a transfer of the p...
-Section 67. What Is Included In Terms, Goods, Wares And Merchandises
The original idea is, that the words, include all kinds of corporeal movable property, and the English decisions held that the statute did not apply to incorporeal rights and property such as stocks, ...
-Section 68. Acceptance And Receipt Of The Goods
Lord Blackburn has used the following language in commenting on the clause of the statute, in reference to receipt of part of the goods and acceptance: The receipt of part of the goods is the taking ...
-Section 69. Contracts For The Sale Of Goods To Be Manufactured
The statute does not contemplate, as being included in its terms, contracts for the sale of things to be manufactured by the seller, but look upon such a contract as one for work and labor only.18 Th...
-Section 70. Part Payment Or Earnest Money
If the parties have made no written memorandum of the sale, then the statute requires payment for goods, or part payment, or the giving of something in earnest to bind the bargain. 20 Gardner vs. Bin...
-Section 71. The Memorandum
If the sale is within the 17th section of the statute of frauds, and the goods have not been receipted for and accepted, or the goods have not been paid for, in whole or in part, then the statute requ...
-Section 72. The Signing Of The Memorandum
The English statute says that the memorandum shall be signed by the parties to be charged thereby, but the language of the statute in the United States is usually that the memorandum shall be signed b...
-Twelfth Subject. Bailments. Chapter I. Definition And History Of Bailments. Section 1. Definitions
A Bailment is the delivery of goods for some purpose, upon a contract, expressed or implied, that after the purpose has been fulfilled they shall be redelivered to the bailor, or otherwise dealt with ...
-Section 2. Influence Of The Roman Law Relative To Bailments Upon The Common Law
Bailments first began to become an important subject of litigation in England during the period when the Roman law or civil law was exerting its greatest influence upon the jurisprudence of England. A...
-Section 3. Classes Of Bailments Recognized By The Roman Law
The following classes of Bailments were recognized under the Roman law: (1) Deposition. (2) Mandatum. (3) Commodatum. (4) Pignus. (5) Locatio. (6) Mutuum. (1) A deposition was a gratuitous bail...
-Section 4. The Origin Of The Common Law System Of Classification Of Bailments
The origin of the common law system of classification of bailments to be found in the seventeenth century in the famous decision in the case of Coggs vs. Bernard.6 As this case is the foundation upon ...
-Chapter II. Coggs Vs. Bernard. Section 5. Coggs Vs. Bernard. (Case Is Given On Following Pages.)
In an action upon the case, the plaintiff declared, quo cum Bernard the defendant, the 10th of November, 13 Will., 3, etc, assumpsisset, salvo et secure elevare Anglice, to take up several hogsheads ...
-Coggs Vs. Bernard. Part 2
3. Southcote's case is a strong authority; and the reason of it comes home to this, because the general bailment is there taken to be an undertaking to deliver the goods at all events, and so the jud...
-Coggs Vs. Bernard. Part 3
As to the second sort of bailment, viz., commo-datum, or lending gratis, the borrower is bound to the strictest care and diligence to keep the goods, so as to restore them back again to the lender; b...
-Coggs Vs. Bernard. Part 4
As to the fifth sort of bailment, viz., a delivery to carry or otherwise manage, for a reward to be paid to the bailee, those cases are of two sorts: either a delivery to one that exercises a public ...
-Section 6. Comment On Decision In Coggs Vs. Bernard
The following comments on the case of Coggs vs. Bernard are selected from the note to this case to Smith's Leading Cases: The case of Coggs vs. Bernard, is one of the most celebrated ever decided in ...
-Comment On Decision In Coggs Vs. Bernard. Continued
From the two classes of cases just enumerated, it is plain that an unpaid agent is liable for gross negligence, and equally plain that he is liable for nothing less. From the latter of these propositi...
-Chapter III. Common Law Classification Of Bailments. Section 7. Three Classes Of Bailments
The modern common law classification of bailments is the three-fold classification set forth in Coggs vs. Bernard, as follows: (1) Bailments for the sole benefit of the bailor. (2) Bailments for the...
-Chapter IV. Creation And General Incidents Of The Bailment Relation. Section 8. Creation Of The Bailment Relation
A delivery to the bailee, either actual1 or constructive 2 is always necessary in order to constitute a contract of bailment. There is an actual delivery where the acts of the parties show an intenti...
-Section 9. Subject Matter Of Bailment
Any kind of personal property may be the subject of bailment unless otherwise provided by statute; and such property need not be corporeal, because a chose in action may be bailed.7 Property which is ...
-Section 10. Parties To The Bailment
Any one having contractual capacity may be a bailee, but no persons, with the exception perhaps of inn keepers, common carriers, wharfingers, or warehousemen, can be compelled to be bailees, since a ...
-Section 11. Incidents Of The Contract Of Bailment
An express contract is not necessary to the creation of the bailment relation. This form of contracts, like others, may be created by implication. It is essential that the parties to the contract shou...
-Section 12. Rights And Liabilities Of Bailor And Bailee Towards Third Persons
Since both bailor and bailee have a property right (the one general and the other special) in the property bailed, it follows that either may bring an action against any third party who injures the pr...
-Chapter V. Bailments For The Bailor's Sole Benefit. Section 13. Degree Of Care And Negligence
Where the bailment is for the bailor's sole benefit, the bailee is only called upon to exercise slight care, and is only answerable for gross negligence.1 Where the property is stolen, it has been he...
-Section 14. Depositum
The depositum is the simplest form of bailments for the bailor's sole benefit, being a simple deposit of the goods for safekeeping. An important species of the depositum at the present time is that o...
-Section 15. Mandatum
A mandatum is the name given to any bailment where the bailee gratuitously does some work on the bailed article. Reimbursement for actual necessary and useful expenses incurred in preserving the prope...
-Chapter VI. Bailments For The Bailee's Sole Benefit. Section 16. Degree Of Care And Negligence
Where the bailment is for the sole benefit of the bailee, he is bound to great care or extroardinary diligence and is responsible for slight neglect in relation to the subject-matter of the bailment.1...
-Chapter VII. Bailments For Mutual Benefit. Section 17. Care And Negligence
The most important classes of bailments are those for the mutual benefit of both the bailor and the bailee. In such bailments the bailee is held to the exercise of ordinary care in relation to the sub...
-Section 18. Locatio
A locatio is a hiring. The two great subdivisions of the locatio are the locatio rei and the locatio operis. The former kind of bailment is the hiring of the thing itself. In such a bailment the colla...
-Section 19. Pignus Or Pledge
A pignus or pledge is a bailment to secure the performance of an obligation, with the power of sale, in case of default.6 In such a bailment the contract of bailment is a secondary one, incidental to...
-Section 20. Lien
The right to a specific lien on property in the hands of a tradesman or artisan for the price of work done upon it is of common-law origin,8 but the right has been long extended to every bailee who h...
-Chapter VIII. Bailments Involving Special Liability. Section 21. In General
Persons engaged in two important occupations are subject to an especial degree of liability as bailees on account of the quasi public character of the business in which they are engaged, and also on a...
-Section 22. Inn-Keepers
An inn-keeper is one who holds out that he will receive all travelers and sojourners who are willing to pay a price adequate to the sort of accommodation provided, and who come in a situation in which...
-Section 23. Who Are Guests
A guest is a transient persons who resorts to, and is received at an inn for the purpose of obtaining the accommodations which it purports to afford. Persons not travelers may be guests at an inn or h...
-Section 24. The Inn-Keeper's Bailment Liability
There is much conflict at the present time as to the exact extent of the inn-keeper's special bailment liability. The different positions taken on this point have been summed up by a recent writer on...
-Chapter IX. Termination Of The Bailment Relation. Section 25. By Terms Of Contract Or By New Agreement
The fulfillment of the terms of the bailment contract will terminate the bailment.1 The mere lapse of time, when the bailment is for a definite period will be sufficient.2 Upon the fulfillment of the ...
-Section 26. By Breach Of Contract Or Destruction Of Bailed Property
A bailment may also be determined by rescission of the contract of bailment on grounds recognized in contracts generally,4 by the total or partial destruction of the subject-matter, as where a chattel...
-Thirteenth Subject. Carriers. Chapter I. Introductory. Section 1. A Branch Of Bailments
The subject of carriers is a branch of the larger subject of bailments. On account of its importance, and the many striking differences between the bailments of goods to common carriers and other spec...
-Section 2. Definition And Classification Of Carriers
A carrier is one who undertakes the transportation of persons or movable property,1 and the authorities, both elementary and judicial, recognize two kinds or classes of carriers, viz., private carrie...
-Section 3. Carrier Of Passengers
There cannot be a bailment of a person, and therefore carriers of passengers are not bailees as to the passengers themselves. Carriers of passengers, however, are engaged in a quasi public occupation,...
-Chapter II. Common Carriers. Section 4. Who Are
There is more or less conflict between the decisions and the authorities as to what is required to constitute a carrier of goods, a common carrier. All the cases agree that the carriage must be for hi...
-Section 5. Duty To Receive Goods From All Persons
The great duty which a common carrier owes to the public is that of receiving and carrying the goods of all persons indiscriminately. Carriers are bound to receive and transport all freight tendered, ...
-Section 6. When And Where Delivery Must Be Made
The question as to when and where delivery of goods intrusted to a common carrier must be made, is one to which no general answer can be made and which must depend upon the particular facts of each in...
-Section 7. Liability Of Common Carriers
The liability of common carriers is in many respects heavier than in the case of any other class of bailees. The means of transportation have been revolutionized during the past two generations, and t...
-Chapter III. Bailment Liability Of Common Carriers. Section 8. General Rule
A common carrier is liable as an insurer for the safety of all goods entrusted to his care. This general rule is unquestioned and the only practical questions arising in this connection are as to the ...
-Section 9. Damage Caused By Act Of God
A common carrier is not liable for losses caused by the act of God, but the extent of this exception has always been carefully restricted. No loss which might have been prevented by the loss of ordina...
-Section 10. Damage Caused By Public Enemies
The rule has always been that a carrier is not responsible for a loss or delay caused by an act of the public enemy. A capture, by public enemies, of property intrusted to a carrier for transportation...
-Section 11. Damage Caused By The Act Of The Shipper
A carrier is never liable for losses which are occasioned by the act of the shipper himself. This phase of the subject of the carrier's liability is discussed by the court in the case of Miltmore vs. ...
-Section 12. Damage Caused By Inherent Defects In The Articles Shipped
A carrier is not liable for losses caused by defects inherent in the goods shipped, and which ordinary care on his part could not have prevented.12 The case of Evans vs. Fitchburg R. Co.,13 was an ac...
-Section 13. Limitation Of Liability By Notice
It is possible for common carriers to limit their bailment liability to a certain extent, either by general notice, or by special contract. The extent to which liability may be limited by the first m...
-Section 14. Limitation Of Liability By Special Contract
The right of a common carrier to limit his liability by special contract is much broader. The only limitation upon such right is that the limitation shall not be illegal or unreasonable and that no un...
-Section 16. Termination Of Common Carrier's Exceptional Liability
It has been already stated 20 that there must be an actual or constructive delivery to the consignee before the exceptional bailment liability of the common carrier is at an end. In Norway Plain vs. B...
-Section 17. Lien Of Common Carriers
Common Carriers have a lien on all goods transported by them and still in their possession for all charges due for transportation or storage.22 This right to a lien covers charges for money advanced f...
-Chapter IV. Carriers Of Passengers. Section 18. Comparison With Carriers Of Goods
A carrier of passengers is one who undertakes to carry persons from place to place, gratuitously or for hire.1 Such a carrier is to be distinguished from a carrier of goods not only as to the exten...
-Section 19. Passengers
A passenger is a person who undertakes, with consent of the carrier, to travel in the conveyance provided by the latter, otherwise, than in the service of the carrier as such. * * * The question whet...
-Section 20. Liability Of Carriers Of Passengers For Injuries To Passengers
The rule as to the liability of carriers of passengers for personal injuries to passengers is thus stated in the case of Meier vs. Pennsylvania R. Co.:13 Agnew, J. It is agreed on all hands, says Ju...
-Section 21. Liability Of Carriers Of Passengers As Bailees Of Baggage Of Passengers
The liability of a carrier of passengers for the baggage of a passenger delivered to him, is that of a common carrier.16 He will therefore, only be excused from the loss thereof, or injury thereto, wh...
-Fourteenth Subject. Personal Property. Chapter I. Introductory. Section 1. Property
Note. - Very little space is given to the subject of Personal Property. By far the greater portion of any book on this subject is given to subjects which are also taken up in other branches of the law...
-Section 2. Real And Personal Property
Property is divided into real property and personal property. The distinction between these two kinds of property is in some respects a very artificial one; this being mainly due to the connection of ...
-Section 3. Absolute And Qualified Property
Absolute property, is one which consists of a complete title to, and control over, a certain thing. Qualified property is a special, temporary, or conditional interest in a thing. The right of a baile...
-Section 4. Portions Of The Subject Of Personal Property Treated Elsewhere
A large part of the subject of Personal Property is treated elsewhere in this work, Sales,5 and Bailments6 of Personal Property, have already been discussed. Patents7 and Copyrights,8 are two forms of...
-Chapter II. Methods Of Acquiring Personal Property. Section 5. General Classification. Section 6. Original Acquisition
Personal property may be acquired in three general ways, (1) by original acquisition; (2) by act of the parties, and (3) by operation of law. Title by original acquisition is in turn subdivided into:...
-Section 7. Occupancy
The first method, historically, of acquiring the ownership of any article was to take possession of property which had previously had no owner. The importance of this method of acquiring property decr...
-Section 8. Accession
Property may be acquired by accession in the following cases: (1) The fruits of the earth, either produced naturally, or by human industry. (2) The increase of animals. (3) Materials of one person ...
-Section 9. Products Of Intellectual Labor
Under the products of intellectual labors are included, (1) patents; (2) copyrights; (3) letters, and (4) lectures. (1) and (2) Patents and copyrights are treated elsewhere in this volume.6 (3) Wher...
-Section 10. Trade marks
A trade-mark has been defined as the name, symbol, figure, letter, form or device, adopted and used by a manufacturer, or merchant, in order to designate the goods that he manufactures, or sells, and...
-Section 11. Transfer By Act Of Parties
Transfer of personal property by the act of the parties may take place through any of the following methods: (1) Gifts, inter vivos. (2) Gifts, causa mortis. (3) Will or testament. (4) Sales. (5)...
-Section 12. Gifts
Gifts are of two kinds: inter vivos and causa mortis. A gift inter vivos is a voluntary, actual and immediate transfer of a thing by one living person to another living person. Actual delivery is ess...
-Section 13. Transfer Of Personal Property By Operation Of Law
The ownership of personal property may be transferred by operation of the law in any of the following manners: (1) By forfeiture; (2) succession; (3) judgment; (4) intestacy; (5) insolvency, and (6) ...
-Chapter III. Personal Property - How Held. Section 14. Individual Ownership
The most common form of ownership is individual ownership. This form of ownership presents no legal difficulties and requires no explanation. ...
-Section 15. Joint Ownership
Joint ownership in its broadest sense, includes all cases where two or more persons have a common interest in the ownership of property. In this sense it includes both joint tenancy and ownership in c...
-Section 16. Partners And Corporations
Property may be owned not only by individuals either severally nor jointly, but also by partnership and corporations. The ownership of personal property by partnership or private corporations will be ...
-Chapter IV. Special Species Of Personal Property. Section 17. Debts
A debt is something due from one person to another. Every debt has a dual aspect, there is the obligation of the debtor, and the chose in action of the creditor. The right, or chose, in action of the ...
-Section 18. Mortgages
Mortgages are debts whose payment is secured by the pledge of real or personal property. At the present time the debt is considered the true property right and the mortgage as only security therefor. ...
-Section 19. Insurance
Insurance is a form of intangible personal property which has been rapidly growing in importance at the present time. The species of property is treated by itself in a later volume.4 1 See Chapter IX...
-Fifteenth Subject. Patents. Introductory. Patents
A patent is a license granted by the government to an inventor, giving him for a certain period, the exclusive right to the use of his invention. A patent right is an incorporeal kind of personal pro...
-Annotated Federal Statutes On The Subject Of Patents
Establishment of the Patent Office Sec. 475. There shall be in the Department of the Interior, an office known as the Patent-Office, where all records, books, models, drawings, specifications, and ot...
-Copies of Specifications and Drawings for Executive Departments
Section 12. That it shall be the duty of the Commissioner of Patents to furnish free of cost, one copy of the bound volumes of specifications and drawings of patents published by the Patent Office, to...
-Additional Specifications and Drawings
Section 491. The Commissioner of Patents is authorized to have printed such additional numbers of copies of specifications and drawings, certified as provided in the preceding section, at a price not ...
-Lithographing and Engraving
Section 492. The lithographing and engraving required by the two preceding sections shall be awarded to the lowest and best bidders for the interests of the Government, due regard being paid to the ex...
-Price of Copies of Specifications and Drawings
Section 493. The price to be paid for uncertified printed copies of specifications and drawings of patents shall be determined by the Commissioner of Patents: Provided, That the maximum cost of a copy...
-Disbursements for Patent-Office
Section 496. All disbursements for the Patent-Office shall be made by the disbursement clerk of the Interior Department. ...
-An Act for Revising and Perfecting the Classification of Letters Patent and Printed Publications in the Patent Office
(Act of June 10, 1898, ch. 423, 30 Stat. L. 440.) Section 1. Classification of Letters Patent and Printed Publications. That for the purpose of determining with more readiness and accuracy the novelty...
-Contents and Duration
Section 4884. Every patent shall contain a short title or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for ...
-Date of Patent
Section 4885. Every patent shall bear date as of a day not later than six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent; and if the...
-What Inventions are Patentable
Section 4886. Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, not known or used by others in this country, before his invention or dis...
-Patents for Inventions Previously Patented Abroad
Section 4887. No person otherwise entitled thereto shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been firs...
-Oath Required from Applicant
Section 4892. The applicant shall make oath that he does verily believe himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for wh...
-Examination and Issuing Patent
Section 4893. On the filing of any such application and the payment of the fees required by law, the Commissioner of Patents shall cause an examination to be made of the alleged new invention or disco...
-Limitation Upon the Time of Completing Applications
Section 4894. All applications for patents shall be completed and prepared for examination within one year after the filing of the application, and in default thereof, or upon failure of the applicant...
-Patents to Government Officers for Inventions to be used in public service
* * * The Secretary of the Interior and the Commissioner of Patents are authorized to grant any officer of the government, except officers and employes of the Patent Office, a patent for any invention...
-When Act Takes Effect - Application of Amendments
Section 8. That this act shall take effect January 1, 1898, and Sections 1, 2, 3, and 4, amending Sections 4886, 4920, 4887, and 4894 of the Revised Statutes, shall not apply to any patent granted on ...
-Patents Granted to Assignee
Section 4895. Patents may be granted and issued or re-issued to the assignee or discoverer; but the assignment must first be entered of record in the Patent-Office. And in all cases of an application ...
-Renewal of Application in Cases of Failure to Pay Fees in Season
Section 4897. Any person who has an interest in an invention or discovery, whether as inventor, discoverer, assignee, for which a patent was ordered, to issue upon the payment of the final fee, but wh...
-Persons Purchasing Of Inventor, Before Application, May Use Or Sell The Thing Purchased
Section 4899. Every person who purchases of the inventor, or discoverer, or with his knowledge and consent constructs any newly invented or discovered machine, or other patentable article, prior to th...
-Filing and Effect of Caveats
Section 4902. Any citizen of the United States who makes any new invention or discovery, and desires further time to mature the same, may, on payment of the fees required by law, file in the Patent-Of...
-Notice of Rejection of Claim for Patent to be Given to Applicant
Section 4903. Whenever, on examination, any claim for a patent is rejected, the Commissioners shall notify the applicant thereof, giving him briefly the reasons for such rejection, together with such ...
-Interferences
Section 4904. Whenever an application is made for a patent which in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice th...
-Affidavits and Depositions
Section 4905. The Commissioner of Patents may establish rules for taking affidavits and depositions required in cases pending in the Patent-Office, and such affidavits and depositions may be taken bef...
-Subpoenas to Witnesses
Section 4906. The clerk of any court of the United States, for any district or Territory wherein testimony is to be taken for use in any contested case pending in the Patent-Office, shall, upon the ap...
-Penalty for failing to attend or refusing to Testify
Section 4908. Whenever any witness, after being duly served with such subpoena neglects or refuses to appear, or after appearing refuses to testify, the judge of the court whose clerk issued the subpo...
-From Examiners-in-Chief to Commissioner
Section 4910. If such party is dissatisfied with the decision of the examiners-in-chief, he may, on payment of the fee prescribed, appeal to the Commissioner in person. From the Commissioner to the S...
-Proceedings on Appeal to Supreme Court
Section 4913. The court shall, before hearing such appeal, give notice to the Commissioner of the time and place of the hearing, and on receiving such notice the Commissioner shall give notice of such...
-Patents Obtainable by Bill in Equity
Section 4915. Whenever a patent on application is refused, either by the Commissioner of Patents or by the supreme court of the District of Columbia upon appeal from the Commissioner, the applicant ma...
-Re-Issue of Defective Patents
Section 4916. Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than h...
-Disclaimer
Section 4917. Whenever, through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, a patentee has claimed more than that of which he was the original or first inven...
-Suits Touching Interfering Patents
Section 4918. Wherever there are interfering patents, any person interested in any one of them, or in the working of the invention claimed under either of them, may have relief against the interfering...
-Patent not Void on Account of Previous Use in Foreign Country
Section 4923. Whenever it appears that a patentee, at the time of making his application for the patent, believed himself to be the original and first inventor or discoverer of the thing patented, the...
-Extension of Patents Granted Prior to March 2, 861
Section 4924. Where the patentee of any invention or discovery, the patent for which was granted prior to the second day of March, eighteen hundred and sixty-one, shall desire an extension of this pat...
-What Notice of Application for Extension Must Be Given
Section 4925. Upon the receipt of such application, and the payment of the fees required by law, the Commissioner shall cause to be published in one newspaper in the City of Washington, and in such ot...
-Applications for Extension, to Whom to Be Referred
Section 4926. Upon the publication of the notice of an application for an extension, the Commissioner shall refer the case to the principal examiner having charge of the class of inventions to which i...
-Commissioner to Hear and Decide The Question of Extension
Section 4927. The Commissioner shall, at the time and place designated in the published notice, hear and decide upon the evidence produced, both for and against the extension; and if it shall appear t...
-Assignments of Patents
Section 4898. Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey ...
-Patented Articles Must Be Marked as Such
Section 4900. It shall be the duty of all patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them to give sufficient notice ...
-Penalty for Falsely Marking or Labeling Articles As Patented
Section 4901. Every person, who, in any manner, marks upon anything made, used, or sold by him for which he has not obtained a patent, the name or any imitation of the name of any person who has obtai...
-Suits for Infringement - Damages
Section 4919. Damages for the infringement of any patent may be recovered by action on the case, in the name of the party interested, either as patentee, assignee, or grantee. And whenever in any such...
-An Act Defining the Jurisdiction of the United States Circuit Courts in Cases Brought for the Infringement of Letters Patent
(In What District Suit May Be Brouht - Service of Process.) That in suits brought for the infringement of letters patent the circuit courts of the United States shall have jurisdiction, in law or in ...
-Pleadings and Proof on Actions for Infringement
Section 4920. In any action for infringement the defendant may plead the general issue, and, having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial any ...
-Trial by Jury of Questions of Fact in Equity Cases
That said courts (circuit courts of the United States), when sitting in equity for the trial of patent causes, may impanel a jury of not less than five and not more than twelve persons, subject to suc...
-Power of Courts to Grant Injunctions and Estimate Damages
Section 4921. The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to pr...
-Suit for Infringement Where Specification Is Too Broad
Section 4922. Whenever through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee has, in his specification, claimed to be the o...
-Models of Designs
Section 4930. The commissioner may dispense with models of designs when the design can be sufficiently represented by drawings or photographs. Duration of Patents for Designs Section 4931. Patents f...
-Mode of Payment
Section 4935. Patent fees may be paid to the Commissioner of Patents, or to the Treasurer, or any of the assistant treasurers of the United States, or to any of the designated depositories, national b...
-Sixteenth Subject. Copyrights. Introduction
A copyright is the exclusive privilege, secured according to certain legal forms, of printing, or otherwise multiplying, publishing and vending copies of certain literary or artistic productions. 1 ...
-Annotated Federal Statutes on Copyrights
Copyrights to be Under Charge of Librarian of Congress. Sec. 4948. All records and other things relating to copyrights and required by law to be preserved shall be under the control of the Librarian ...
-Persons and Publications Entitled to Copyrights
Sec. 4952. The author, inventor, designer, or proprietor of any book, map chart, dramatic, or musical composition, engraving, cut, print, or photograph, or negative thereof, or of a painting, drawing,...
-Term of Copyrights
Sec. 4953. Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. Further Term of Exclusive Right - Publicati...
-Assignment of Copyrights and Recording
Sec. 4955. Copyrights shall be assignable in law, by an instrument of writing, and such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution; i...
-Record of Entry and Attested Copy
Sec. 4957. The Librarian of Congress shall record the name of such copyright book or other article, forthwith, in a book to be kept for that purpose, in the words following: Library of Congress, to-w...
-A Copy of Subsequent Editions to be Deposited in Congressional Library - Additions by Foreign Authors
Sec. 4959. The proprietor of every copyrignt book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail, addressed to the Librarian of Congress, at Washingt...
-Postmasters to Give Receipts
Sec. 4961. The postmaster to whom such copyright book, title, or other article is delivered, shall, if requested, give a receipt therefor; and when so delivered he shall mail it to its destination. F...
-Forfeiture and Damages for Violations of Copyright
Sec. 4964. Every person, who after the recording of the title of any book and the deposition of two copies of such book, as provided by this act, shall, contrary to the provisions of this act, within ...
-Unauthorized Use of Dramatic or Musical Composition - Penalty - Injunction -Jurisdiction
Sec. 4966. Any person publicly performing or representing any dramatic or musical composition for which a copyright has been obtained, without the consent of the proprietor of said dramatic or musical...
-Damages For Printing or Publishing Manuscript
Sec. 4967. Every person who shall print or publish any manuscript whatever without the consent of the author or proprietor first obtained, shall be liable to the author or proprietor for all damages o...
-Questions. Sales
Chapter I Page 11. 1. Define a sale. 2. State the necessary elements of a sale. Page 12. 1. How is a sale to be distinguished from a bailment? 2. What is the distinction made in the case of Mall...
-Questions. Bailments
Chapter I Page 95. 1. Define bailments. 2. Give Sir William Jones' definition. 3. Give Blackstone's definition. Page 96. 1. Give the Roman law classification of bailments. 2. Define depositum. ...
-Questions. Carriers
Chapter I Page 151. 1. Of what larger branch of the law is the subject of carriers a sub-division? 2. Define carriers. Page 152. 1. Who are carriers of passengers? Chapter II Page 153. 1. Defin...
-Questions. Personal Property
Chapter I Page 195. 1. Define property? 2. What is the distinction between real and personal property? Page 196. 1. Distinguish between absolute and qualified property? Chapter II Page 197. 1. ...
-Questions. Patents
Page 213. 1. Define patents? 2. Is there a common law right in patents? Pages 214-215. 1. Who are the principal officers of the patent office? 2. What are their respective duties? Pages 216-219....
-Questions. Copyrights
Page 257. 1. Define copyright? 2. Is there any common law right of copyright? 3. Under what authority are copyrights issued in the United States? Page 258. 1. What persons and publications are en...
-Appendix A. The Interstate Commerce Act As Amended. Parties Subject To The Act
[Hepburn bill amendments in bold-faced type.] An Act To Regulate Commerce Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That the pro...
-Provisions Of This Act Shall Apply To Any Common Carrier Or Carriers
[Section 1. That the provisions of this Act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly b...
-Unjust Discrimination Defined And Forbidden
SECTION 2. That if any common carrier subject to the provisions of this Act, shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive ...
-Undue Or Unreasonable Preference Or Advantage Forbidden
SECTION 3. That it shall be unlawful for any common carrier subject to the provisions of this Act to make or give any undue or unreasonable preference or advantage to any particular person, company, f...
-Long And Short Haul Provision
SECTION 4. That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or...
-Pooling Of Freights And Division Of Earnings Forbidden
SECTION 5. That it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any contract, agreement, or combination with any other common carrier or carriers for th...
-Published Tariffs Must Show All Rates, Fares And Charges
SECTION 6. That every common carrier subject to the provisions of this Act shall file with the Commission created by this Act and print and keep open to public inspection schedules showing all the rat...
-Every Common Carrier Shall Print And Keep Open To Public Inspection Schedules Showing The Rates And Fares And Charges For The Transportation
[Section 6. That every common carrier subject to the provisions of this Act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation of p...
-Continuous Carriage Of Freights
SECTION 7. That it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of ...
-Liability Of Common Carriers For Damages
SECTION 8. That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter, or thing in this Act prohibited or declared to be unl...
-Persons Claiming To Be Damaged May Elect Whether To Complain To The Commission Or Bring Suit In A United States Court
SECTION 9. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this Act may either make complaint to the Commission as hereinafter provided for, or may...
-Interstate Commerce Commission Created
SECTION 11. That a commission is hereby created and established to be known as the Interstate Commerce Commission, which shall be composed of five Commissioners, who shall be appointed by the Presiden...
-Power And Duty Of Commission To Inquire Into Business Of Carriers
SECTION 12. That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this Act, and shall keep itself i...
-Complaints To Commission. How And By Whom Made. How Served Upon Carriers
SECTION 13. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of anything done or...
-Reports And Decisions Of The Commission
SECTION 14. That whenever an investigation shall be made by said Commission, it shall be its duty to make a report in writing in respect thereto, which shall state the conclusions of the Commission, t...
-Commission Given Power To Fix A Reasonable Maximum Rate
SECTION 15. That the Commission is authorized and empowered, and it shall be its duty, whenever, after full hearing upon a complaint made as provided in section thirteen of this Act, or upon complaint...
-Commission May Award Damages
SECTION 16. That if, after hearing on a complaint made as provided in section thirteen of this Act, the Commission shall determine that any party complainant is entitled to an award of damages under t...
-Rehearings By The Commission
Section 16a. That after a decision, order, or requirement has been made by the Commission in any proceeding any party thereto may at any time make application for rehearing of the same, or any matter ...
-Interstate Commerce Commission. Form Of Procedure
SECTION 17. That the Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the Commission shall consti...
-Former Salary Of Commissioners
SECTION 18. That each Commissioner shall receive an annual salary of seven thousand five hundred dollars, payable in the same manner as the judges of the courts of the United States. The Commission sh...
-Sessions Of The Commission
SECTION 19. That the principal office of the Commission shall be in the city of Washington, where its general session shall be held; but whenever the convenience of the public or the parties may be pr...
-Commission Authorized To Require Annual Reports
SECTION 20. That the Commission is hereby authorized to require annual reports from all common carriers subject to the provisions of this Act, and from the owners of all railroads engaged in interstat...
-Annual Reports Of The Commission To Congress
SECTION 21. That the Commission shall, on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the o...
-Persons And Property That May Be Carried Free Or At Reduced Rates
SECTION 22. That nothing in this Act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable pur...
-Jurisdiction Of Courts To Issue Writs Of Peremptory Mandamus Commanding The Movement Of Interstate Traffic Or The Furnishing Of Cars Or Other Transportation Facilities
SECTION 23. That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carr...
-Commission Enlarged To Seven Members With Salaries Of $10,000
SECTION 24. That the Interstate Commerce Commission is hereby enlarged so as to consist of seven members with terms of seven years, and each shall receive ten thousand dollars compensation annually. T...
-Attendance Of Witnesses And Production Of Evidence
ADDITIONAL SECTION. That all existing laws relating to the attendance of witnesses and the production of evidence and the compelling of testimony under the Act to regulate commerce and all Acts amenda...
-What Constitutes A Misdemeanor On The Part Of A Corporation
SECTION 1. That anything done or omitted to be done by a corporation common carrier, subject to the Act to regulate commerce and the Acts amendatory thereof, which, if done or omitted to be done by an...
-Persons Interested In Cases May Be Made Parties And Shall Be Subject To Orders Or Decrees
SECTION 2. That in any proceeding for the enforcement of the provisions of the statutes relating to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commissio...
-Proceedings To Enjoin Or Restrain Departures From Published Rates Or Any Discrimination Prohibited By Law Against Carriers And Parties Interested In Traffic
SECTION 3. That whenever the Interstate Commerce Commission shall have reasonable ground for belief that any common carrier is engaged in the carriage of passengers or freight traffic between given po...
-Conflicting Laws Repealed
SECTION 4. That all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed, but such repeal shall not affect causes now pending nor rights which have already accrued, b...







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