STATES. Maryland Residence Mass'chusetts 3-5 yrs. MARRIAGE AND DIVORCE LAWS-Continued. Causes for Absolute Divorce, In addition to adultery, which is cause for divorce in all the States. * 2 years. Abandonment three years, unchastity of wife before marriage, physical incapacity, any cause which renders the marriage null and void abinitio. Cruelty, desertion three years, habits of intoxication by liquors,opium or other drugs, neglect to provide, physical incapacity, sentence to imprisonment. Felony, desertion two years, habitual drunkenness, physical incapacity, and in the discretion of the Court for cruelty or neglect to provide. Desertion one year, habitual drunkenness by liquors or opium, cruelty, physical incapacity, sentence to imprisonment. Michigan. 2 years. Missouri...... 1 year. Montana... 1 year. Felony, absence one year, habitual drunkenness one year, cruelty, indignities, vagrancy, former existing marriage, physical incapacity, conviction of felony prior to marriage unknown to other party, wife pregnant by other than husband at marriage. Cruelty, desertion, neglect one year, habitual drunkenness one year, felony. Abandonment two years, habitual drunkenness, physical incapacity, felony, failure to support two years, cruelty, Desertion one year, felony, habitual drunkenness, physical incapacity, cruelty, neglect to provide one year. N.Hampshire 1 year. Cruelty, felony, physical incapacity, absence three years, habitual drunkenness three years, failure to provide three years, treatment endangering health or reason, union with sect regarding marriage unlawful, wife separate without the State ten years, not claiming marital rights, husband absent from United States three years intending to become citizen of another country. New Jersey.. (t) New York.... (+) North Dakota 1 year. 1 year. Desertion two years, physical incapacity. Abandonment, cruelty, neglect to provide, habitual drunkenness, felony, Husband fugitive from justice one year, refusal of wife to cohabit one year, Oklahoma.. 1 year. Abandonment one year, cruelty, fraud, habitual drunkenness, felony, gross neglect of duty, physical incapacity, former existing marriage, pregnancy of wife by other than husband at marriage. Oregon........ 1 year. Pennsylvania 1 year. Felony, habitual drunkenness one year, physical incapacity, desertion one year, cruelty or personal indignities rendering life burdensome. Former existing marriage. desertion two years, personal abuse or conduct rendering life burdensome, felony, fraud, relationship within prohibited degrees, physical incapacity and lunacy. Rhode Island. 2 years. Cruelty, desertion five years, habitual drunkenness, excessive use of morphine, opium, or chloral. neglect to provide one year, gross misbehavior, living separate ten years, physical incapacity. Either party civilly dead for crime. S. Carolina....] Tennessee.... Texas Utah Vermont Virginia 6 mos. 1 year. 1 year. 1 year. No divorce law. Cruelty, desertion one year, physical incapacity, neglect one year, habitual drunkenness one year, felony. Former existing marriage, desertion two years, felony, physical incapacity, Abandonment three years, physical incapacity, cruelty, excess, or outrages Washington.. 1 year. Abandonment one year, fraud. habitual drunkenness, refusal to provide, Wisconsin.... 1 year. Felony, desertion one year, cruelty, physical incapacity, habitual drunkenness one year, separation five years. Divorcee cannot marry for one year. Felony, desertion one year, habitual drunkenness, cruelty, neglect to provide one year, husband a vagrant, physical incapacity, indignities rendering condition intolerable, pregnancy of wife by other than husband at marriage, either party convicted of felony before marriage unknown to other. * Exclusive of South Carolina, which has no divorce law. Varies with cause. Actual residence. *Manhattan and Bronx. These statistics were collected by THE WORLD, in February, 1905. Law of Contracts. A contract is an agreement of two or more parties, by which reciprocal rights and obligations are created. One party acquires a right, enforceable at law, to some act or forbearance from the other, who is under a corresponding obligation to thus act or forbear. Generally speaking, all contracts which are made between two competent parties, for a proper consideration, without fraud and for a lawful purpose, are enforceable at law. To the creation of a valid contract there must be: 1. Precise agreement. The offer of one party must be met by an acceptance by the other, according to the terms offered. 2. There must be a consideration. Something of value must either be received by one party or given up by the other. 3. The parties must have capacity to contract. The contracts of insane persons are not binding upon them. Married women are now generally permitted to contract as though single, and bind their separate property. The contracts of an infant are generally not binding upon him, unless ratified after attaining his majority. The contracts of an infant for necessaries" may be enforced against him to the extent of the reasonable value of the goods furnished. It is incumbent upon one seeking thus to hold an infant to show that the goods furnished were in fact necessary to the infant, and that he was not already supplied by his parents or guardians. 4. The party's consent must not be the result of fraud or imposition, or it may be avoided by the party imposed upon. 5. The purpose of the parties must be lawful. Agreements to defraud others, to violate statutes, or whose aim is against public policy, such as to create monopolies, or for the corrupt procurement of legislative or official action, are void, and cannot be enforced by any party thereto. Contracts in general are equally valid, whether made orally or in writing, with the exception of certain classes of contracts, which in most of the States are required to be attested by a note or memorandum in writing, signed by the party or his agent sought to be held liable. Some of the provisions, which are adopted from the old English Statute of Frauds, vary in some of the States, but the following contracts very generally are required to be thus attested by some writing: Contracts by their terms not to be performed within a year from the making thereof. A promise to answer for the debt, default, or miscarriage of another person. Contracts made in consideration of marriage, except mutual promises to marry. Promise of an executor, or administrator, to pay debts of deceased out of his own property. Contracts for the creation of any interest or estate in land, with the exception of leases for a short term, generally one year. Contracts for the sale of goods above a certain value, unless a portion of the price is paid or part of the goods delivered. The required value of the goods sold varies in different States from $30 to $200. In a number of the States no such provision exists. In many of the States declarations or conveyances of trust estates. In many States representations as to the character, credit, or responsibility of another person. Partial performance of the contract is generally held to dispense with the necessity for a writing. If the damages liable to result from the breaking of a contract are uncertain, the parties may agree upon a sum to which either may be entitled as compensation for a breach, which will be upheld by the courts, but if the sum so fixed is not designed as a fair compensation to the party injured, but as a penalty to be inflicted, it will be disregarded. A party is generally excused for the failure to perform what he has agreed only by the act of God or the public enemy. Except in cases involving a personal element in the work to be performed, such as the rendition of services, when the death or sickness of the party contracting to perform them is a valid excuse, or contracts for the performance of work upon a specified object, when its destruction without the fault of the party sought to be held liable is a sufficient excuse. Wills. A WILL OR TESTAMENT is a final disposition of a person's property to take effect after his death. A codicil is an addition or alteration in such disposition. All persons are competent to make a will except idiots, persons of unsound mind, and infants. In many States a will of an unmarried woman is deemed revoked by her subsequent marriage, A nuncupative or unwritten will is one made orally by a soldier in active service, or by a mariner while at sea. In most of the States a will must be in writing, signed by the testator, or by some person in his presence, and by his direction, and attested by witnesses, who must subscribe their names thereto in the presence of the testator. The form of wording a will is immaterial as long as its intent is clear. AGE at which persons may make wills is in most of the States 21 years. Males and females are competent to make wills at 18 years in the following States: California, Connecticut, Hawaiian Islands, Idaho, Montana, Nevada, North Dakota, Oklahoma, South Dakota, Utah; and in WILLS-Continued. the following States only females at 18 years: Colorado, District of Columbia, Illinois, Maryland, Missouri, Washington, Wisconsin. In the following States persons of 18 years may dispose of personal property only: Alabama, Arkansas, Missouri, Oregon, Rhode Island, Virginia, West Virginia; in Georgia any one over 14 years and in Louisiana any one over 16 years is competent to make a will. In Colorado persons of 17 years, and in New York males of 18 and females of 16 years may dispose of personalty. WITNESSSESMost of the States require two witnesses, except in Connecticut (3), District of Columbia (3), Maine (3), Massachusetts (3), New Hampshire (3), South Carolina (3), Vermont (3). Acknowledgment of Deeds. AN ACKNOWLEDGMENT is the act of declaring the execution of an instrument before an officer authorized to certify to such declaration. The officer certifies to the fact of such declaration, and to his knowledge of the person so declaring. Conveyances or deeds of land to be entitled to be recorded must first be acknowledged before a proper officer. Most of the States have forms of acknowledgments, which should be followed. Acknowledgments may be taken in general by Notaries Public, Justices of the Peace, Judges or Clerks of Courts of the higher grades, Registers, Masters in Chancery, Court Commissioners, Town Clerks, Mayor and Clerks of incorporated cities, within their respective jurisdictions. The requisites to a valid deed are the same in general as other contracts, but the appointment of an attorney to execute a deed for another person must in general be executed with the same formalities requisite to the deed itself. SEALS or their equivalent (or whatever is intended as such) are necessary in Alaska, Connecticut, Delaware, District of Columbia, Florida, Idaho, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. In almost all the States deeds by corporations must be under seal. FORMS are prescribed or indicated by the statutes of most of the States except Connecticut, Florida, Louisiana. SEPARATE ACKNOWLEDGMENT by wife is required in Alaska, Arkansas, Delaware, District of Columbia, Florida, Georgia, Idaho, Kentucky, Louisiana, Montana, Nevada, New Jersey, North Carolina, Oregon. Pennsylvania, South Carolina, Tennessee, Texas. ONE WITNESS to the execution of deeds is required in District of Columbia, Maine (customary), Maryland, Nebraska, New Jersey (usual), Oklahoma, Utah, Wyoming. Two WITNESSES to the execution of deeds are required in Arkansas, Connecticut, Florida, Georgia, Louisiana Michigan, Minnesota, New Hampshire, Ohio, Oregon, South Carolina, Texas, Vermout, Wisconsin. Promissory Notes and Checks. Negotiable instruments, the common forms of which are promissory notes, checks, or other bills of exchange, while having the same general requisites as other contracts, have certain distinct features. The purpose of the law is to facilitate as much as possible their free passing from hand to hand like currency. The assignment of an ordinary contract leaves the assignee in no different position for enforcing his rights than that of his assignor, but one who takes a negotiable instrument from a prior holder, without knowledge of any defences to it, before its maturity, and gives value for it, holds it free of any defences which might have been set up against his predecessors, except those defects that were inherent in the instrument itself. To be negotiable an instrument must be in writing and signed by the maker (of a note) or drawer (of a bill or check). It must contain an unconditional promise or order to pay a sum certain in money. In a bill of exchange (check) the party directed to pay must be reasonably certain. Every negotiable instrument is presumed to have been issued for a valuable consideration, and want of consideration in the creation of the instrument is not a defence against a bona-fide holder. An instrument is negotiated, that is completely transferred, so as to vest title in the purchaser, if payable to bearer, or indorsed simply with the name of the last holder, by mere delivery, if payable to order by the indorsement of the party to whom it is payable and delivery. One who transfers an instrument by indorsement warrants to every subsequent holder that the instrument is genuine, that he has title to it, and that if not paid by the party primarily liable at maturity, he will pay it upon receiving due notice of non-payment. To hold an indorser liable the holder upon its non-payment at maturity must give prompt notice of such non-payment to the indorser and that the holder looks to the indorser for payment. Such notice should be sent within twenty-four hours. When an indorser is thus compelled to pay he may hold prior parties through whom he received the instrument liable to him by sending them prompt notice of non-payment upon receiving such notice from the holder. One who transfers a negotiable instrument by delivery, without indorsing it, simply warrants that the instrument is genuine, that he has title to it, and knows of no defence to it, but does not agree to pay it if unpaid at maturity. The maker of a note is liable to pay it if unpaid at maturity without any notice from the holder or indorser. Notice to one of several partners is sufficient notice to all. When a check is certified by a bank the bank becomes primarily liable to pay it without notice of its non-payment, and when the holder of a check thus obtains its certification by the bank, the drawer of the check and previous indorsers are released from liability, and the holder looks to the bank for payment. A bona-fide holder of a negotiable instrument, that is, a party who takes an instrument regular on its face, before its maturity, pays value for it and has no knowledge of any defences to it, is entitled to hold the party primarily liable responsible for its payment, despite any defences he may have against the party to whom he gave it, except such as rendered the instrument void in its inception. Thus, if the maker of a note received no value for it, or was induced to issue it through fraud or imposition, they do not defeat the right of a bona-fide holder to compel its payment from him. The following States have enacted a similar Negotiable Instrument Law: Colorado, Connecticut, District of Columbia, Florida, Maryland, Massachusetts, North Carolina, North Dakota, Pennsylvania, Oregon, Rhode Island, Utah, Virginia, Washington, Wisconsin, New York, and Tennessee-and the same general rules apply in all the States, f Game Laws of the CLOSE SEASON FOR GAME THE following table shows the close season for all game in the United States, with the exception of mountain sheep and goat and a few unimportant species. Where no dates are given kind of game does not exist, or close season at all times. New Jersey... 32 New Mexico (11).. 33 New York Dec. 1-Nov. 10. At all times (1). Nov. 16-Aug. 16.... At all times (7).. Dec. 1-Oct. 1....... At all times. Nov. 1-Sept. 15 (a).. At all times.. 34 North Carolina... Feb. 1-Oct. 1. 35 North Dakota 36 Ohio 37 Oklahoma (11).. 38 Oregon.. Dec. 1-Nov. 10 39 Pennsylvania Dec. 1-Nov. 1... Rhode Island (11). Jan. 1, 1908... 40 41 South Carolina...Jan. 1-Sept. 1 (12).. 42 South Dakota Dec. 1-Nov. 1 To Oct. 1, 1907... Dec. 1-Nov. 11 (12). At all times At all times.. Jan. 1, 1911 (1).. To July 1, 1908.. Nov. 1-Sept. 15 (a). Nov. 15-Sept. 15.... Nov. 15-Sept. 15 (1). Dec. 1-Sept. 16... Dec. 16-Sept. 16 (14). Dec. 1-Nov. 1... Oct. 15-Sept. 1.... Dec. 5-Nov. 15... Jan. 1-Oct. 1.. Dec. 16-Oct. 1. Dec. 1-Nov. 1... Mar. 1-June 1. May 1-Sept. 1. Jan. 1-Sept. 15... Jan. 1-Sept. 15.. Mar. 15-Nov. 1.. 1 Elk only. 2 Moose and caribon, all year. 3 Grouse. 4 Prairie chicken-Minnesota, Nov. 1-Sept. 1; Missouri, Dec. 15-Nov. 15; Wyoming, Dec. 1-Sept. 1. 5 Sap-New Hampshire, Dec. 15-Sept. 15; Connecticut, May 1-Aug. 1; Nebraska, April 16-Sept. 1. 7 Antelope-Nebraska, Nov. 16-Aug. 15; Nevada, Nov. 15-Sept. 15. 9 Except crested quail. 10 Certain species. 11 Local Laws. 12 Local exceptions. 13 First two Wednesdays and first two Fridays after first Tuesday in November. 14 Except some counties where local laws govern. Prohibitory laws against hunting doves and robins exist in nearly all States. Sale of game during close season is prohibited in most States. License fees from non-residents required in some States. a Female deer and elk and deer without horns protected at all times. Exceptions and local laws prevail in all States. NEW YORK (Exceptions). DEER-At all times in Delaware, Greene, Oswego, Putnam, Rensselaer, and Ulster counties, and all of Oneida, Lewis, and Jefferson counties west of Utica and Black River R. R., Orange and Sullivan counties, Nov. 16Nov. 1. Fawns at all times. Hunting with dogs, traps, or devices of any kind prohibited. SQUIRREL-Greene County, Dec. 16-Oct. 1; Orange County, Dec. 16-Oct. 16; Rensselaer County, Dec. 1-Oct. 1; Richmond County, gray squirrel at all times. RABBIT, HARE-Albany, Columbia, Jefferson, Livingston, Monroe, Orleans, Steuben, and Wyoming counties, Dec. 16-Sept. 16; Erie County, Jan. 16-Oct. 16; Fulton County, Feb.-Nov. 1; Greene, Schenectady, and Ulster counties, Dec. 16-Oct. 1 Dutchess, Oneida, Sullivan, and Herkimer counties, Feb. 15-Sept. 16; Orange County, Dec. 16-Oct. 16; Richmond and Rockland counties, Dec. 31-Nov. 1. QUAIL-Orange and Ulster counties, Dec. 16-Oct. 16; Rensselaer County, Dec. 1-Oct. 1; Richmond county to 1908; Cattaraugus and Chautauqua counties, Dec. 1-Oct. 16. GROUSE-Greene, Rensselaer, Sullivan, Dutchess, and Tioga counties, Dec. 1-Oct. 1; Orange and Uister counties, Dec. 16 Oct. 16 WILD BIRDS-Catching, killing, or the possession of live or dead, and robbing of nests prohibited at all times-except English sparrow, crane, hawk, crow, owl, and blackbird. Hunting and shooting on Sunday prohibited. Export of game or birds taken in the State is prohibited. Penalty imposed: Mammals a fine of $100 for each violation and an additional $100 for each deer, elk, or caribou, and $250 for each moose; birds, $60 for each violation, and an sidi tional $25 for each bird. Several States, 1907. IN THE UNITED STATES, The first date of the close season and the first date of the open season are given. may be found by reversing the dates. Compiled and corrected to September 1, 1906. Grouse and Prairie Local laws Mar. 15-Nov. 1 Jan. 1-Nov. 10.. Dec. 1-Sept. 15... Open season Duck, Goose, Swan. Plover, Snipe, Rail. BIRDS. Wild Turkey. Feb, 1-Sept. 1....... Dec. 16-Sept. 1.... 10 Feb. 15-Oct. 15... Dec. 1-Sept. 15.... Dec. 1-Oct. 15 (3)...To 1910... Jan. 1-Nov. 1 (4)... Oct. 15-Sept. 1... Jan. 1-Sept. 1..... To Mar. 22, 1911. To Feb. 13, 1905 Dec. 1-Oct. 1. Dec. 1-Aug. 1.. Feb. 1-June 20..... Dec. 1-Sept. 13. Jan. 1-Aug. 1... .. Mar. 1-Sept. 15. Dec. 1-Sept. 16... Oct. 1, 1905. Jan. 1-Sept. 1.... Nov. 2-July 15.... Feb. 15-Oct. 15.. 8 April 1-Sept. 1...... 9 Mar. 15-Sept. 1.. April 16-Sept. Jan. 1-Sept. 16... Mar. 1-Sept. 1.. May 1-Sept. 1............. Jan. 1-Oct. 1.... 10 11 12 13 14 15 16 17 18 FISH LAWS, NEW YORK STATE, OPEN SEASON. Trout.-Open season April 16 to August 31 (exclusive). Long Island, last Friday in March to August 31. May only be sold in New York City during open season. Monroe and Livingston counties, March 28 to September 1 (exclusive). Schoharie County (except Schoharie River), April 30 to August 1 (exclusive). Allegany, Cattaraugus, Chautauqua, and Tompkins counties, April 15 to July 16 (exclusive). Saratoga County, April 30 to September 1 (exclusive). Trout shall not be taken from streams in Chenango, Delaware, Greene, Schoharie, Sullivan, and Ulster counties at any time for selling or offering to sell. Trout less than six inches long must not be taken from waters in New York State; must not be molested while spawning. Transportation allowed only with owner. Fish must not be taken in waters where trout exist except by angling. Lake Trout and Land-Locked Salmon.-Open season May 1 to September 30 (except lakes Erie and Ontario at all times), Dutchess, Ulster, Sullivan, Orange, Rockland, Putnam, Westchester, and Richmond, March 31 to July 1; Long Island, April 1 to September 30. Must be fifteen inches long and not molested while spawning. Muskallonge.-Open season May 31 to last day of February. In St. Lawrence River, June 10 to December 31. Salmon.-Open season March 2 to August 14. Black Bass.-Open season June 16 to December 31; St. Lawrence River and Jefferson County, June 10 to December 31. Lake George and Schroon Lake, August 1 to December 15. Long Island, May 50 to December 31. Black bass less than ten inches long must not be taken. Salt Waterstriped Bass less than eight inches long shall not be taken from waters in New York State, nor possessed; and shall not be taken from Hudson River by net between April 30 and July 30. Pickerel and Pike, open season April 30 to March 1. License may be had to sell pickerel or pike taken without the State. Unlawful to take perch from Saratoga Lake and Lake Lonely from March 15 to May 1. Fishing on Sunday prohibited within the State. |