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TRADER'S & MECHANIC'S LAWS OF TRADE.

MODE OF COLLECTING DEBTS:

IN FIVE PARTS.

PART I. EVIDENCES OF DEBT: BOOK ACCOUNTS, BILLS OF
EXCHANGE, PROMISSORY NOTES, CONTRACTS AND AGREE-
MENTS, INTEREST, LIMITATIONS OF ACTIONS, &c. &c.
PART II. MODE OF ENFORCING THE PAYMENT OF DEBTS:
CIVIL PROCESS, WRITS, INSOLVENT LAW, &c. &c. &c.
PART III. SPECIAL LAWS: PRINCIPAL, FACTOR AND AGENT,
LIMITED PARTNERSHIP, MORTGAGES, &c. &c. &c.

PART IV. TAXATION OF COSTS IN CIVIL ACTIONS IN THE
JUSTICES, COMMON PLEAS, AND SUPREME COURTS.

PART V. LEGAL FEES OF ATTORNEYS AND LAW OFFICERS

OF THE COMMONWEALTH, &c. &c.

By I. R. BUTTS,

Author of the "Business Man's Assistant" -"Landlord's and Tenant's
"Shipper's and Carrier's Assistant” —
"The Laws of the Sea."

PRINTED AND PUBLISHED BY I. R. BUTTS,
No. 2 School Street,

FOR SALE BY HIM, WHOLESALE AND RETAIL, AND BY

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24 55

MARVARD COLLEGE LIBRARY

Jan.

aw. 2.

By Exchange & Dipl.

VT 12065


Econ 5102, 19

Entered according to Act of Congress, in the year 1849,

BY I. R. BUTTS,

in the Clerk's Office of the District Court of the District of Massachusetts.

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CONTENTS.

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Law affords no redress for oversights-misrepresentation vitiates sale.

Purchase, Sale, and Delivery of Goods,.

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If vendee does not come and pay for goods-when contract is in vio-
lation of law-when obtained by deception-when persons are
employed to bid at auctions-in restraint of trade-where assign-
ment is fraudulent-where seller misleads the purchaser.

Payment, General Usage where no Specific Stipulation is made, 38

Interest, When it may be Claimed; how computed,

Limitations of Actions,

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What debts can be collected within six years-what within two-what
within twenty-exceptions-effect of part payment.

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54

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When debtor may be arrested-bond-prison limits-liberty of the
yard-debtor's oath-mode of examination.

PART III.-GENERAL AND SPECIAL LAWS.

Principal, Factor, and Agent,

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Conveyance of estate-foreclosure of mortgage-power to sell
Mortgaged Personal Estate,.

Where must be recorded-foreclosing of mortgage-attaching do.

General Lien,

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Costs Taxed in Court of Common Pleas,

Plaintiff's costs where defendant is defaulted-where the case is
tried-defendant's costs-trustee's costs.

Plaintiff's costs-non-suit when defendant prevails-trial by jury.

Costs Taxed in Supreme Court,

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Qualifications and Liabilities of Attorneys and Sheriffs,

PART V.-LEGAL FEES OF ATTORNEYS AND LAW OFFICERS.

Fees of Attorney, Of Justice of the Peace, of Commis-
sioners in Chancery, Of Clerks of the Supreme and Com-
mon Pleas Courts, Of Sheriffs, Of Constables, Of Jurors,
Witnesses, &c., Of Town Clerks, Of Register of Deeds,
Notaries Public, Of Requirements of Public Officers, and
Penalty for Extortion,

Rates of Compensation for Services of Attorneys,

PART. I.

EVIDENCES OF DEBT. .

BOOK ACCOUNTS, HOW PROVED.

ORIGINAL entries in shop books, or the original me moranda of charges by a party, though not kept regularly in the manner of a day-book, are competent evidence, with the suppletory oath of the party, if living, to prove the items charged. (2 Mass. 217; 13, 455.) The creditor is sworn to make true answers to questions relating to his books, and is then required to state if they are his original entries, and were made at or about the time they purport, and if they are true. Suspicious marks on the face of a book will prevent its being received.

But every memorandum of a shopkeeper or laborer will not be admitted as his book. Before the books of the party can be admitted in evidence, they are to be submitted to the inspection of the court; and if they do not appear to contain the first entries or charges by the party, made at or near the time of the transactions to be proved, and to have been honestly and fairly kept, they are excluded.

Where entries were first made on a slate, or cart, and afterwards transferred upon a book, kept in the ledger form, such book was admitted as evidence to prove the items charged. (13 Mass. 427.) So, where it appeared to be the custom of a butcher, in carrying around meat to his customers, to make chalk scores on the cart, stating to whom the meat was sold, and the quantity and price, from which scores, on the return of the cart on the same day, and before it went out again, it was the custom for his partner to make entries in the

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