......

or

$.... On demand, for value received, I promise to pay to .... bearer, thousand ..... hundred dollars, with interest from date until

.....

paid, at per cent. per month, compounded.

days from date, value received, I promise to pay to the order at the banking house of

thousand dollars.

Note for Loan, to be accompanied by Mortgage.

$..... Six months from date, without grace, for value received, I promise to pay to ...... or order, at the banking house of .... and

....

thousand dollars, with interest thereon, at the rate of two and one-half per cent. per month, payable monthly in advance, agreeing that upon failure to pay said monthly interest at any time for more than five days after any day when the same may be due, the whole amount of principal and interest shall at once become due and payable; and further, that such interest may be added to the principal, such aggregate of principal and interest to bear the same rate of interest both before and after judgment until paid; and further, that in the event of a suit to enforce the collection of this note, a counsel fee of ten per cent. upon the amount of principal and interest due at the time of judgment may be added to and form a part of such judgment.

Note Secured by Collateral, with Power to Sell.

.......

18..

.....

in the city of San Francisco,

days after date, without grace, I promise to pay to the order at the banking house of .... thousand dollars, value received, with interest after.... days until paid,

of........,

....

at the rate of .... per cent. per month, payable monthly.

I hereby deposit, as collateral security, for the payment of the above note, ... shares ($........ each) of the ... Mining Co., and I hereby appoint and constitute ........, his heirs or assigns, my attorney irrevocable, with power of substitution, to sell without notice to me, the whole or any part of said security, either at public or private sale; the proceeds to be applied to the payment of the above note, interest due and expenses of sale, in case of non-payment of said note when due; any surplus, after payment of said note, interest and expenses, to be subject to my order. But in case of pay

ment of above note and interest, according to the terms of the former, then this agreement to be void, and the above-named security to be returned to

county, one thousand dollars, in one month from date, one thousand dollars, one year from date; and one thousand dollars, one day after the death of my great-grandfather. Said respective sums to bear interest, at the rate of one per cent. per month until paid.

Due Bill.

hundred dollars.

....

18..

.....

or bearer,.... dollars, and charge the same to account

Notice of Protest of Bill, or Note, or Check, for Non-payment.

18..

SIR: Please take notice that a certain bill of exchange [or, "note" or "check"], dated.

18.., for....thousand dollars, payable one mont!

from date, drawn by .

....

.... .....

...

....

[and accepted by etc.,] was this day pre

....], [or, "and indorsed by sented by me, to .... [or, " ."], and payment thereof demanded, which was refused; the said bill [or, “note," or, "check"] having been dishonored, the same was this day protested by me, for the non-payment thereof, and the holder looks to you for the payment thereof, together with all costs, charges, interest, expenses and damages, already accrued or that may hereafter accrue thereon by reason of the non-payment of said bill of exchange [or, "note," or, "check"]. Very respectfully,

For other forms of notice and of protest, see NOTARY.

BILL OF INDICTMENT.

Bill of Indictment.-A written accusation of one or more persons, of a crime or misdemeanor, lawfully presented by a grand jury. If the grand jury are satisfied that the accused ought to be tried, the return is made as "A true bill;" but when no sufficient ground is shown for putting the accused on trial, a return is made: "Not a true bill;" or, "Not found;" or "Bill ignored."

BILL OF LADING.

Bill of Lading.-The written evidence of a contract for the carriage and delivery of goods sent by sea or land, for a certain freight. It should contain the name of the shipper or consignor, the name of the consignee, the names of the vessel and her master, the places of shipment and destination, the price of the freight, and in the margin the marks and numbers of the things shipped. It is usually made in three or more original parts, one of which is sent to the consignee with the goods, one or more others are sent to him by different conveyances, one is retained by the merchant or shipper, and one should be retained by the master. It is assignable by indorsement, and the assignee is entitled to the goods, subject to the shipper's right of stoppage in

transitu.

BILL OF PARCELS.

Bill of Parcels.-An account containing in detail the names of the items which compose a parcel or package of goods. It is usually transmitted with the goods to the purchaser, in order, if any mistakes have been made, it may be corrected.

BILL OF PARTICULARS.

Bill of Particulars.-A detailed, informal statement of a plaintiff's cause of action, or a defendant's set-off. It is an account of the items of the claim, and shows the manner in which they arose.

BILL OF SALE.

The term, "Bill of Sale," is applied to a written instrument, which is the evidence of an act of sale of goods and chattels. A distinction exists between an assignment and a bill of sale, in this, that the term "assignment" applies to transfers of real as well as personal estate, and to transfers of personal estate made verbally, or by deed or other writing.

No Writing is Necessary to the sale of personal property; delivery is only necessary. Still, it is better, in cases of importance, to preserve some evidence in writing of what is bought and sold. To be good against creditors, there must be an actual and continued change of possession of the thing sold. See CONTRACTS. See also, ASSIGNMENTS.

FORMS.

Bill of Sale-Simple Form.

In consideration of.... hundred and dollars to me in hand paid by .., I do hereby sell and deliver to him my .... horse, branded. on left hip.

.....

Bill of Sale of Goods and Chattels.*

.....

.....

.....

......g

of the town of

Know all men by these presents: That I, in the county of and state of of the first part, for and in consideration of the sum of .... dollars, lawful money of the United States, to me paid by of, etc, of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do grant and convey, unto the said party of the second part, his executors, administrators and assigns, the one equal, undivided half, of .... hundred acres of barley, now growing on the rancho of ... near the town of aforesaid, one roan horse and .... thousand sheep, belonging to me, and now in my possession, at the place last aforesaid; to have and to hold the same unto the said party of the second part, his executors, administrators and assigns, forever. And I do, for myself, my heirs, executors and administrators, covenant and agree, to and with the said party of the second part, his executors, administrators and assigns to warrant and defend the sale of the said property, goods and chattels, 'hereby made, unto the said party of the second part, his executors, administrators and assigns, against all and every person and persons whomsoever.

.....

Witness my hand and seal this.... day of A.D. 18..

[Signed]

.....

BINDING OUT.

Binding Out.-A term applied to the contract of apprenticeship. The contract must be by deed, to which the infant, as well as the parent or guardian, must be a party, or the infant will not be bound.

BLANK INDORSEMENT.

Blank Indorsement.-An indorsement that does not mention the name of the person in whose favor it is made. See BILLS AND NOTES.

BONA FIDES.

Bona Fides.-Good faith; honesty, as distinguished from mala fides (bad faith). Bona fide, in good faith. A purchaser, bona fide, is one who actually purchases in good faith.

This form may be varied so as to suit any case that may arise.