Nevill Minor Abstracts 186970 JPEG

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4d Hiring the servant {of} already held to another 2c Modes of securing oneself against such injuries wh: con: 1d Resistance as to 1st & 2nd 2d Fear of public punishment as 1st & 2nd and of private damages as to all 3d Surety of the peace and of good behavior as to 1st 2nd 3rd 4d Fear of Private damages as to 4th II Analytical View of the modes of securing Rights of property against invasion and of transferring them from one to another. 1a Modes of securing and of Transferring Rights of Property by means of contracts Executory wherein consider. 1b Definition of a contract — an agreement between two or more com competing persons for a valuable consideration touching a lawful subject matter. Bouviers law Dic: Contract 2 Kents com. 409. 2b Circumstances necessary to the validity of a contract. 2 Bl com. 442 Chit Contracts 2. 2 Kents com. 449 &c wherein consider 1c Parties competent to contract wh: con. Causes of Incompetency 1d Want of Reason 2d Want of freedom of will. 3d Want of need— ful subject in sub— ject matter

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2c Legal Subject matter 3c Valuable consideration Benefit to prommissor third party at his request or loss of injury or inconvenience or risk thereof to prommissee 4c Mutual assent Concurrence of wills at same moment of time 3b Several sorts of contracts Executory wh: con: 1c contracts to pay money & therein consider. 1d Common Law securities V.C. (1860) Ch. 143 S. 2 Id Ch. 131. S. 3 Id Ch. 130 S. 19. 2 Bl Com. 340. Id 465 & n (36). wh: con. 1e Bonds. Deeds under the makers seal (at Com— mon law are impressi— on wax &c, in Va a Scroll (seal) inserted as a seal) obliging him to pay a named sum of money to the obliger with or without condition. 2 Bl com. 340. Id 465 & n (36) wh con 1f single Bills Bonds (simply obligated) promising to pay a named sum of money without condition to the obligee 2f Penal Bills. Bonds obliging the maker to pay a named sum to the obligee in the penalty of a large

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Sum usually double. V.C. Ch 183 sec 2 3f. Bonds with condition Bonds obliging the maker to pay a named sum (usually double the sum due) to the obligee with condition under— written to be void if the less sum named which is the principal due be paid. V.C. ch 177. Sec. 16 2e. Promissory notes not Negotiable. Promises in writing not under seal to pay a named sum to the promissee. 2d Mercantile securities Orders or promises in writing to pay a names sum uncon— ditionally to the order of the promissee 2 Bl com. 466 &c 3 Kents Com 71 &c wherein consider. 1e The different Kinds of Mercantile securities & therein of {F} 1f Bills of Exchange Orders in writing to pay money unconditionally to the order of a third person or open letters of request addressed by one person to another desiring him to pay {uncond} unconditionally a named sum to the order of a third. V.C. c. 144

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S 1 to 9.11 wherein con. 1g Foreign Bills of Excha 2g Inland Bills of Exchange 2f Promissory note made negotiable by Statute V.C. ch. 144 S. 7.11. 2e The difference between common law and mer— cantile securities {by} wh: con 1b Mercantile Securities are transferrable from one person to another Aliter with common law securities 2f No—set—off (counter demand) or failure of consideration avails in Mercantile securities in the hands of a subsequent bona fide holder for value Innocent assignees for value of common law securities are not protected. 3f In case of Mercantile securities the remedy arises against any assignor for value immediately upon default of primary debtor. The remedy at Common law securities is against the im— mediate assignor above and against him only when recourse is exhausted against primary debtor.

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4b In Mercantile securities a valuable consideration is presumed prima facie as to original parties & conclusively as {to subseq} subsequent bona fide holders for value. In common law securities under seal a considera— tion is conclusively pre— sumed. If not under seal consideration by the common law must be proved. 2c Contracts to as some col— lateral thing i.e. other than to pay money, wh: con. 1d Bonds with collateral condition. wh con. 1e The general nature of such instruments. Bonds obliging the maker to pay a named sum with a condition under— written to be void if a collateral thing is done V.C. Ch 177 S 17 Id Ch 13. S. 8.9 Id Ch 163. S. 14 2e The most frequent instances of such Bonds wherein con. 1f Bond conditioned to be perform award of {and} arbitrators 2f Bond conditioned to convey land called Title—Bond 3f Sherriff's Bond con— ditioned to fulfill the duties of his officer V.C. Ch. 49 S 2.4.5.6. Id Ch. 13. S 8.