Business Hints for Men and Women by Alfred Rochefort Calhoun (important of reading books .TXT) ๐
If one or both cannot write, the signature can be made in thisway:
HisGeorge X Jones.Mark.
Witness..............
In some states one or more witnesses are required to the signatureof the grantor; in others, witnesses are not necessary, exceptwhere a "mark" is made.
An important part of a deed is the Acknowledgment. This is the actof acknowledging before a notary public, justice or other officialproperly qualified to administer an oath, that the signatures aregenuine and made voluntarily.
The acknowledgment having been taken, the official stamps thepaper with his seal and signs it.
In some states the law requires that a wax or paper seal beattached to the paper, while in others a circular scroll, madewith the pen, with the letters "L.S." in the center answer thepurpose.
When the foregoing essentials are complied with the deed must bedelivered to the grantee. The del
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SUBLETTING
If there is no contract to the contrary, the tenant may sublet the whole or any part of the premises, but this does not release him from liability for rent.
If the tenant fails to leave the property when his lease has expired, the owner may make his demand through what is known as a โnotice to quit,โ which must be served on the tenant in person.
WHAT IS A GUARANTY?
A guaranty is sometimes required to insure the payment of rent.
Plainly, a guaranty is an agreement to assume, under certain conditions, the liabilities of another.
If a man makes a contract, a lease, or a note, and his personal resources are not deemed sufficient to secure his performance of the things agreed to, the other may require that some one, in whom he has more faith, shall give him a guaranty, or personal security in writing.
The following might be used as the form for a guaranty for a lease, contract, note or other obligation of contract:
โFor value received, I hereby guarantee the payment of the within lease (bond or contract). George L. Roberts.โ Short Hills, N. J. October 1, 1910.
A BILL OF SALE
This is a written agreement by which one person transfers to another his interest in certain personal property.
The law lays down no rule as to the form.
A bill of sale usually passes where the property paid for is not immediately removed from the possession of the seller.
This form would answer in any state:
โBridgeport, Conn., Aug. 2, 1910. โI have this day sold to Calvin E. Platt, of New Haven, in this state, my team of bay horses, with their harness, one family carriage, and a two-seated cutter. โThomas P. Fletcher.โ
Be sure, where the bill of sale includes many articles, to name every one of them in the bill.
If paid for, whether by cash or a note, be sure to get a receipt for the same.
OBLIGATIONS
A bond is a form of obligation.
Every enforcible bond must be in writing and under seal.
The maker of a bond by the act acknowledges a liability in the form of a debt or a duty.
The maker of a bond is the โobligor.โ
The party to whom it is made is the โobligee.โ
The bond names the liability or indebtedness; then follows the condition wherein it is stated the particular thing that the obligor is to do, or not to do.
The penalty for the non-compliance with a bond is twice the amount of the money involved.
It is often required that the bond shall be further guaranteed by one or more sureties. These sureties may be required to certify that they are worth a certain sum, free and clear of all indebtedness.
Persons holding positions of financial trust, whether public or private, may be, and most of them are, required to furnish bonds for the faithful performance of their duties.
In the larger cities there are casualty and liability companies, which, for a fixed or annual consideration, act as sponsors on official and other forms of bond.
Where there are no such companies, as those just named, then private citizens of known responsibility must be secured to go on the bond.
In every case the amount of the bond or security is measured by the responsibilities of the man from whom it is required.
Life insurance may be defined to be โA contract for the future payment of a certain sum of money to a person specified in the body of the policy, on conditions dependent on the length of some particular personโs life.โ
There are two parties to this contractโthe insured and the insurer.
The purpose of the insurer, if he take out the policy in his own name, is to provide in a measure for the care of his family, or other dependents, in the event of his death.
After a long experience with the death rates in all lands that keep mortuary statistics, the actuaries of insurance companies can now estimate with surprising accuracy the probable length of life before any man of any age.
The methods of insurance companies mean to be scientific, but be that as it may, they are certainly interesting.
HOW IT IS DONE
Let us take a young man of thirty, married, with one child, in good health, and in receipt of a fair salary, but with no property to leave his wife and little one in the event of his death.
To secure his dear ones, he decides to insure his life for, let us say, $3,000.
He fills out the blank, in which his age and all the other required information is given; then the insurance companyโs doctor examines him and he is accepted as what is called โa good risk.โ
Now, from its actuary tables, the company knows, with reasonable accuracy, the number of years this young man should live, barring accidents.
Already they have their tables of calculations for such cases. They know what expense will be required in the way of rent, clerks, advertising, etc., to care for this case till the prospective, the inevitable end is reached.
On these calculations the immediate and all subsequent premiums or payments are based.
The insurance company invests and reinvests the premiums, and the total of these, it is estimated, will meet the expenses and the amount of the policy at the time of its calculated expiration.
AS AN INVESTMENT
If the young man in question had the money, he would find it to his advantage to buy a paid up policy, that is one on which no further premiums would be required.
But, having the money for a paid up policy, could not the young man, without any expense for clerk hire or rent, invest it, and reinvest it with the interest, as long as he lived, and thus make by insuring himself?
There can be no question as to that, provided always that the young man lived out the calculated time, invested his insurance money at once, and kept on investing it in โsafe thingsโ as long as he lived. But how many young men are there who could or would take this course?
It is much easier to save from our earnings than it is to invest those earnings wisely.
FORMS OF LIFE INSURANCE
The straight life policy, payable to the heirs at death, is the form in general use, but there are others.
There is yet another form, known as the โendowment,โ which in itself combines the usual life insurance with some of the privileges of a savings bank.
The endowment policy, while payable if death should occur before a fixed time, specifies the date when it shall be payable to the insured himself, if he should live till that time.
In this case the family is secured, in the event of death, and the insured has a guarantee for himself when he reaches lifeโs unproductive years.
The premiums on an endowment policy are necessarily greater than those on a regular life, and the premiums increase with the shortness of the time.
MUTUAL INSURANCE SOCIETIES
Seeing the vast sums accumulated by what are known as โthe old line companies,โ despite their high salaries and great expenses, working men throughout the world, but more particularly in the United States, have banded together and formed mutual insurance companies.
These companies, there are many of them, are known as societies, and their local branches are called โlodges,โ โcouncilsโ or a similar name.
Properly conducted, these mutual societies should be able to furnish insurance at about actual cost, for the expenses of management and collections are small.
It can be said that some of them have been and are being well managed, but others, like their predecessors, the old line companies, have unfortunately been conducted for the enrichment of their promoters.
The mutual insurance companies, like their more pretentious prototypes, are now placed under the supervision of inspectors in nearly all the states.
AMOUNTS OF POLICIES
In the society companies, there is a limit to the amount, usually $3,000, for which one can be insured, but the regular companies have no such limitation.
In the mutual insurance companies, the insured cannot leave his insurance to his creditors, or to any one not within a certain degree of kinship.
In the regular companies a man may insure for any amount he thinks he can carry, and he can insure in the same way in any number of companies, and he can leave the money to any one he may select, or for any purpose he may choose.
Sometimes the policy is made payable to unnamed executors. These may be named in a will made after he has taken out his policy.
POLICIES AS SECURITY
Sometimes a man, without real estate or other personal assets, desires to raise a loan on his life insurance, which, it should be said, is a form of personal property. In this case he may assign his life policy, or his endowment policy, as security for the loan.
Again, if he is not insured and has no shadow of an asset, he may have his life insured for the benefit of another, in consideration for a loan.
LAPSES
When there is a failure to meet premiums, the policy is said to โlapseโ or default.
Even in this case the insured has an equity.
Every policy, depending on the amount paid, has what is known as a โsurrender value,โ and by proper process this may be collected from the company.
In some states, if the insured fails to meet his premiums, the company is compelled to pay on the policy at his death a sum equivalent to that which he paid before default.
Some insurance policies have a clause stating that the contract will be void in the event of the suicide of the holder. The highest courts have set this clause aside. The ruling is that a suicide is an insane man, and that his heirs should not be made to suffer for his misfortune.
PROPRIETARY AND MUTUAL COMPANIES
The larger insurance companies may be either proprietary or mutual, some are a combination of both.
The proprietary companies are corporations organized by a number of men to conduct life insurance as a business enterprise.
Such a company must be regularly chartered, and is under the supervision of the state department of insurance.
Mutual companies, as the name implies, are organized and are meant to be managed for the benefit of the policy holders, who are also regarded as stock holders, with the right to vote in the election of officers and other company affairs.
Aiming to create a strong reserve fund to secure the policy holders, the mutual life insurance companies usually charge a little more in the way of premiums.
Many rich men have their lives insured for great amounts. This is done that their heirs may not be forced to break up the estate, at death, in order to settle the ordinary liabilities.
If it can be afforded, it is always well to carry some life insurance.
We hear and know much about life insurance because, no doubt, it has to do directly with the individual, and so has a personal appeal; but there are other forms of insurance, forms that have to do with things material, that play an important part in the worldโs business.
LIKE GAMBLING
The gambling spirit, like the desire for stimulants and the tobacco habit, seems to be well nigh universal.
Men bet on the turn of dice, the cutting of cards, or the tossing of a coin, and we very properly denounce it as gambling. We take money without giving an equivalent, or we part with it and have nothing to show for the transfer.
There are insurance companies in England and in other parts
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