Abbildungen der Seite

two years immediately preceding the time of his ap- (a) Persons who are physically incapable of plication for admission to the U. S. has been, and reading. who seeks to enter the U. S. solely for the purpose of carrying on the vocation of minister, or profes

(b) Any admissible alien or any allen heretofore sor and his wife, and his unmarried children under

or hereafter legally admitted, or any citizen of the 18 years, if accompanying or following to join him; father,

over 55 years of age, his wife or mother, his

U. $. may bring in or send for his father or grand(e) An immigrant who is a bona fide student at grandmother, or his unmarried or widowed daugh. least 15 vears of age and who seeks to enter the

ter, who, if otherwise admissible, may be admitted U. S. solely for the purpose of study at an accred- whether such relative can read or not. ited school: (1) Women who were citizens of the U. S. and

(c) Persons seeking admission to avoid religious who lost their citizenship by reason of marriage to persecution in the country of their last permanent aliens, or through the loss of U. S. citizenship by their husbands, or by marriage to aliens and resi- (d) Persons previously residing here who were dence in a foreign country.

lawfully admitted, resided continuously therein for A quota immigrant is any other than a non-quota 5 years, and return thereto within 6 months from immigrant or a non-immigrant.

the date of their departure. EXCLUDED CLASSES

(e) Persons in transit through the United States. (1) All idiots, imbeciles, feeble-minded epileptics, in transit through foreign contiguous territory (the

(f) Persons lawfully admitted and who later go insane persons; persons of constitutional psycho- period an alien may remain in foreign contiguous pathic inferiority; persons with chronic alcoholism: territory while in transit under this exemption paupers; professional beggars, vagrants, persons

shall be limited to 60 days; an alien may leave and afflicted with tuberculosis in any form or with a

enter at the same port and still be in transit within loathsome or dangerous, contagious disease; per

the meaning hereof). sons who are found to be and are certified by the examining surgeon as being mentally or physically

(g) Exhibitors and employees of fairs and exdefective; persons who have been convicted of a

positions authorized by Congress. felony or misdemeanor involving moral turpitude; (h) Aliens whose ability to read can be readily polygamists.

determined by any ordinary method approved by (2) Anarchists, or persons who believe in or advo- the department may be excused from the actual cate the overthrow by force or violence of the taking of the test. Government of the United States or of all forms of law or who disbelieve in or are opposed to or

CONTRACT AND SKILLED LABOR ganized government, or who advocate the assassina- Skilled labor, if otherwise admissible, may be tion of public officials, or who advocate or teach imported if labor of like kind unemployed cannot the unlawful destruction of property; prostitutes, be tound in this country. or persons coming for the purpose of prostitution or for any other immoral purpose.

The provisions of law applicable to contract labor

shall not be held to exclude professional actors, CONTRACT LABORERS

artists, lecturers, singers, nurses, ministers, professors,

persons belonging to (3) Contract laborers who have been induced, learned profession, or domestic servants.


recognized assisted, encouraged, or solicited to migrate to this country by offers or promises of employment,

VIOLATIONS AND PENALITIES skilled or unskilled; persons likely to become a public charge, persons who have been excluded

Violations of the immoral-women clause are from admission and deported in pursuance of law. punishable, on conviction, by imprisonment up to and who may again seek admission within one ten years and a fine up to $5,000. Violations of year from the date of such deportation, unless

the contract-labor clause are punishable, on conprior to their re-embarkation at a foreign port or viction, by $1,000 fine in each case and (or) imtheir attempt to be admitted from foreign contigu- prisonment up to two years. Violations of the ous territory the Secretary of Labor shall have Anarchist clause carry prison up to five years. consented to the reapplying for admission,

Other violations carry various penalties. It is unPersons whose ticket or passage is paid for with lawful for any person or concern engaged in bringthe money of another, unless such persons do not ing immigrants to give fare rebates or to solicit belong to one of the foregoing excluded classes; immigration; penalty $1,000 fine or not more than persons whose ticket or passage is paid for by any 2 years in jail in criminal proceedings, or $400 fine corporation, association, society, municipality, or in administrative proceedings. The penalty for foreign government, stowaways, except that any smuggling immigrants is fine up to $2,000 and such stowaway, if otherwise admissible, may be prison up to five years. admitted in the discretion of the Secretary of Any alien who has been excluded from admission Labor, all children under sixteen years of age for any cause and who again seeks admission unaccompanied by or not coming to one or both of unless the Secretary of Labor has consented to his their parents, except that any such children may reapplying for admission. be admitted if they are not likely to become a

Any alien who, after March 4, 1929, enters the public charge and are otherwise eligible.

U. S. at any time or place other than as designated THE YELLOW RACES

by immigration officials or who eludes or has eluded (4) Unless otherwise provided for by existing or who obtains or has obtained entry by a willfully

examinations or inspection by immigration officials, treaties, and with certain exceptions the so-called Yellow Races.

false or misleading representation or the willful (5) Aliens who have been arrested and deported

concealment of a material fact, shall be guilty of in pursuance of law, as distinguished from persons

a misdemeanor punishable by imprisonment for excluded and deported, regardless of when such

not more than two years or by a fine of not more deportation occurred. He cannot land even as a

than $1,000, or by both. seamen, except to go to a hospital. Such aliens,

LAW ON DEPORTATION however, may be given permission by the Secretary of Labor to reapply for admission after they have

Any alien sentenced to imprisonment shall not be remained out of the United States for at least one

deported under any provision of law until after the year from the date of deportation,

termination of the imprisonment.

In general, aliens excluded by a board of special ILLITERACY

inquiry, under the immigration laws are entitled to All aliens over 16 years of age who cannot read the right of appeal to the United States Departthe English language or some other language or ment of Justice, which, on June 14, 1940. took dialect, including Hebrew or Yiddish, are excluded, over control and administration of the Bureau of with the following exceptions:

Immigration and Naturalization.


Certfii- Year Certifi- Year Certifi- Year Certifi-
(Fiscal) cate (Fiscal) cate

(Fiscal) cate

Year (Fiscal)

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1910. 1911 1912 1913 1914. 1915, 1916.

39,448 1917 56,683 1918, 70.310 1919. 83,561 1920 104,1451921. 91,848|1922. 87.831 ||1923.


1924.. 151,449 | 1925. 217,358 | 1926. 177,683||1927 181,292 1928 170,447 || 1929 145.084|| 1930

150,510 || 1931.
152,457 1932
146.331 1933

233,155 || 1935
224,728 | 1936


143,495 1938

162,078 136.600 || 1939.

ISS.813 113,363 | 1940.. 235,260 113,669 118,945 || Total 141,265 1907-'40 4,532,359 164,976

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Interest Laws and Small Loan Interest Rates

Source: Department of Consumer Credit Studies, Russell Sage Foundation The regulation of interest rates is a form of after the Uniform Small Loan Law drafted by the police power which is generally exercised by state Russell Sage Foundation. The Uniform Law relegislatures. Interest laws may be divided for con- quires those engaged in the business of lending

sums of $300 or less at rates in excess of those venience into four classes.

fixed by the usury statutes to be licensed, bonded, 1. Statutes fixing the legal rate of interest.

and supervised by the state banking department. Every state has established a legal or conventional

Rates of charge permitted licensees generally rate of interest which applies on judgments, on

range from 22 to 312 per cent a month, and both matured obligations, and in loan contracts in criminal and civil penalties are provided for inwhich no interest rate is stated. This rate is

fraction. Unlike the rates fixed by the first two usually 6 per cent a year, but in some states it is

classes of statutes which permit the lender to 5 per cent, 7 per cent, or 8 per cent a year.

obtain, in addition to interest, reimbursement for 2. Laws fixing the maximum contract rate of

certain expenses incident to making and collecting interest. Five states-Arkansas, California, Okla

the loan, regulatory small loan statutes impose homa, Tennessee, and Texas-have constitutional an all-inclusive limitation upon charges. Fourteen provisions restricting the maximum contract rate states have no comprehensive small loan laws. of interest. All other states, except Colorado, 4. Specific enabling acts. Most states specifically Maine, Massachusetts, and New Hampshire, have

exempt certain types of lending agencies from the statutory restrictions upon the maximum rate of

regulations of the small loan and usury statutes, interest which may be contracted for in the and authorize these agencies to make higher absence of specific statutory authorization to the charges than those allowed by the usury statutes. contrary. They are generally known as the usury Among these are pawnbrokers, whose rates are statutes. The most common maximum contract restricted in some states by statute and in other rates are 6 per cent and 8 per cent a year, but a states by municipal ordinances to charges ranging few states permit rates as high as 12 per cent a generally from 212 to 10 per cent a month: invear. Penalties for infraction range from for- dustrial banks or discount companies, which are feiture of excess interest to loss of the entire authorized to make charges ranging generally from principal and even to imprisonment. Corporations 12 to 212 per cent a month; credit unions, which are usually exempted from the protection of these are generally authorized to charge 1 per cent a laws.

month; and banks and building and loan associa3. Regulatory small loan statutes. These statutes tions. In a few instances, such statutory authoriapply only to loans of small sums, but within this zation has been granted to single institutions. area they apply to all lenders not specifically ex- The states with small loan laws, the dates of empted. Thirty-eight jurisdictions have comprehen- the enactment of the laws and the rates of interest. sive small loan statutes, most of which are modeled as of October, 1941, follow:

Maximum Rate
General History

(Monthly, unless otherwise stated)
1927; new act 1932

8% per annum Arizona

1919; amended Arkansas. 1937.

10% per annum California

Enacted 1939, suspended by petition for 242% to $100; 2% on remainder. 2% on

referendum, and sustained by popular all loans where security is insured
vote in November, 1939; numerous

earlier acts Colorado...

Numerous acts since 1913; present act 10% per annum plus 10% fee plus other 1935

charges Connecticut. 1919: frequently amended.

3% to $100; 2% on remainder Dist. of Columbia 1913; amended

1% Florida .. 1925; amended 1941

34% Georgia 1920; amended 1935.

115 Hawaii 1937

315% to $100; 24% on remainder Illinois 1917; new act 1935

3% to $150: 2% on remainder Indiana 1913; new act of 1917; revised 1933 3% to $150; 13% on remainder plus 50c

fee on small loans (Commission rate) Iowa. 1921: new act of 1934

3% to $150,2% on remainder (Com.rate) Kentucky 1934,

35% to $150; 24% on remainder Louisiana

1928; amended 1940 Maine. 1917; frequently amended.

30% to $150, 274% on remainder Maryland 1912new act of 1918; amended

32% Massachusetts 1911, frequently amended..

Unsecured loans, 3% to $150; 2 %% on

rernalnder; chattel and co-maker loans. 3% to $150: 2% on remainder; other

special classes (Commission rate) Michigan

1915; new act of 1921; revised 1925. 3% to $100, 24% on remainder Minnesota Missouri. 1913; new act 1927; amended..

3% on loans of $100 or less, 24% on loans

of more than $100 Nebraska. 1913; new act 1915, amended 1941...... 9% per annum plus 10% fee plus exam

ination fee on small loans New Hampshire 1917; amended

2% plus small fee 1910: new act 1914: new act 1932; ainended 219 % New Jersey New Mexico, 1939.

10% per annum plus 10% fee plus other

charges New York

1915; new act 1932, amended 1941. 29 to $100; 2% on remainder (hio.

1911: new act of 1915: frequently amended 3 plus $1 fee on small loans Oklahoma 1941.

10%, plus various fees

1913: new act 1915; new act 1931; amended

1913; new act 1915, revised 1937

3% to $160; 2% on remainder
Rhode Island

1923, new act 1937.
1917, new act 1925; amended 1937.

per annum plus fee of 1% per month Utah

1917, amended

12 16% to $125; 274% on rernainder Virginia.

1918: amended Washington

3% up to $300; 1% on remainder to $500,

minimum charge of $1
West Virginia.
1925; new act 1933.

%% to $150; 24% on remainder
1927; new act 1933.

22% to $100; 2% to $200; 1% on re

Inainder (Commission rate) Regulatory small loan laws usually provide a usury laws are frequently evaded by discounting a penalty of forfeiture of principal for infraction and

bonus from the face amount of the note and by the infraction of some sections of these laws gener

giving the borrower the proceeds in cash in order

to make proof of usury difficult.

Under the usury ally constitutes a misdemeanor.

The statutes of limitation of action for recovery laws, the penalties are usually limited to forfeiture

or enforcement in civil actions on debts vary from of interest or of excess interest and, in most in- 1 to 20 years in the different States, according to tances, there are no criminal penalties. The the kind of case.

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Federal Bankruptcy Laws Source: Max Isaac, Editor, Corporate Reorganizations-American Bankruptcy Review, New York

On June 22, 1938, the President approved the drainage, levee, irrigation, reclamation, road, and Chandler Bankruptcy Act, which became effective sewer districts, as well as towns, boroughs and September 22, 1938. This law represents the most municipalities, may effect compositions with their complete revision of the bankruptcy statutes since creditors. These compositions would be approvable the approval of the original Act, July 1, 1898. Only only when the districts or agencies filed voluntary a remnant of the old Act remains. Section 16 (re- proceedings in bankruptcy accompanied by plans lating to the liability of co-debtors of bankrupts), approved by 51 per cent of all of the creditors of section 30 (authorizing the promulgation of prac- the district or town. The plan of composition could tice rules by the Supreme Court), section 33 not be confirmed unless accepted in writing by (creating the offices of referees and trustees), sec- creditors holding at least 66 2-3 per cent of the

aggregate amount of the indebtedness of the petition 36 (prescribing the oath of referees), section

tioning district or taxing agency, unless the judge 43 (relating to referees' absence or disability),

was satisfied that the taxing district was authorsection 54 (statistical information required to be

ized by law to carry out the plan, and there had furnished to the Attorney-General), section 77

been a finding by the court that the plan was fair, (railroad reorganization), and sections 81-84 equitable and for the best interest of the creditors. (municipal debt readjustment law) were all that remained unchanged.

On March 4, 1940, the Municipal Debt Adjust

ment Act was amended so that local improvement While the purpose of the new law is in general

districts may avail themselves of the benefits, to modernize and bring up to date the bankruptcy

without involving the municipalities as such, On law of the country, the drastic changes upset

June 28, 1940 a further amendment included "any many fixed principles of bankruptcy Jurisprudence

county or parish", and the act and the amendand will require time for judicial interpretation of

ments were extended to June 30, 1942. novel phraseology. Some of the procedu changes include the filing of schedules with voluntary peti

The Frazier-Lemke Farm Mortgage Act was aptions instead of later in the proceedings. The

proved by the President August 29, 1935. court may, for cause shown, authorize a departure It was written to conform to the Supreme Court's from the usual rule. "Statement of Affairs" in decision, holding the original Frazier-Lemke Act form as prescribed by the Supreme Court must invalid. The new Act provides, that any farmer now be fled by the bankrupt. This form may re- failing to obtain a composition or extension, or if quire the bankrupt to disclose his history, cause of he feels aggrieved by a composition or extension bankruptcy, nature and location of his property. A proposal, may ask to be adjudged a bankrupt. He cost inventory is required to be filed by the bank- may also ask the court that all his property be aprupt. Applications for discharge are dispensed with, praised, that his exemptions be set aside to him. except in corporation cases, the adjudication in and that he be allowed to retain possession under bankruptcy operating as such application. Exami- supervision and control of the court, of all the nation of the spouse of a bankrupt as to financial remainder of his property, including his encumtransactions with the bankrupt may be had, de

bered exemptions under terms and conditions set spite State laws to the contrary. Adverse witnesses

forth in the Act. may be examined, as if under cross-examination The court is authorized to stay all proceedings notwithstanding any Federal or State law to for three years, during which time the debtor is the contrary.

Procedure has been materially permitted to retain possession of his property under speeded up. Creditors cannot file answers in the supervision and control of the court provided involuntary cases. Committees of three creditors he pays a reasonable rental for that part of the may be elected to consult with and advise the property which he retains. The rental is used to trustee, thus obviating the necessity of sending pay taxes and upkeep; the remainder is distributed notices and losing time awaiting expiration of among the secured and unsecured creditors and notice dates. Tax claims and governmental debts applied on their claims. At the end of three years, must be filed within a fixed period. Creditors may or prior thereto, an appraisal is made, and the file claims after the expiration of six months under debtor can regain unencumbered possession by certain restrictions.

paying into court the amount of the appraisal of A new provision is that claims of less than $50 the property of which he retains possession, inare eliminated, except as to amount, in voting for

cluding the amount of encumbrances on his exthe trustee. Previously such claims figured both emptions, up to the amount of the appraisal, less as to number and amount.

the amount paid on the principal. Upon request Another provision is that the trustee in bank

in writing by any secured creditor or lien creditor,

the court shall order a sale of the property affected. ruptcy shall take title to any property which the

at public auction. bankrupt inherits within six months after bankruptcy. The bankrupt cannot transfer or assign

The debtor is allowed ninety days in which to any such inherited acquisition after bankruptcy. redeem any property sold at such a sale by paying New definitions of preferences, new provisions

the amount for which the property is sold, with for specific recovery of fraudulently transferred

interest at five per cent, to the court and he may assets, and improved procedure for setting aside

then apply for his discharge in bankruptcy. The

Act is declared to be an emergency measure. liens are among the important changes.


in the judgment of the court, such emergency The criminal provisions of the new Act have ceases to exist in its locality, the court, in its disbeen materially strengthened.

cretion, may shorten the stay of proceedings and Section 77B is no more. That part of the old law proceed to liquidate the estate. is Chapter X in the new law.

The Frazier-Lemke Act was extended to March The Securities and Exchange Commission exerts a marked influence in corporate reorganization pro

4, 1944, during which period petitions may be filed

by farmers under the provisions of that statute. ceedings and a new division for the handling of bankruptcy and reorganization matters, coming be

The Railroad Reorganization Act of March 3. fore the Commission under the terms of the Act,

1933, was approved by the President, August 27.

1935. This Act is known as Section 77, and its has been established. Other new chapters of the Act are: Chapter XI, relating to arrangements; Chapter provisions are too intricate and complicated for this XII, real property arrangements by persons other analysis. Any railroad engaged in interstate comthan corporations; Chapter XIII, wage earners'

merce is amenable to the law, and the Interstate plans and Chapter XIV, maritime commission liens.

Commerce Commission wields much authority and Under the wage earners' plan, those earning less influence in the entire proceedings. The legal than $3,600 a year may invoke the provisions of the action is taken, however, in the courts of banklaw to arrange the payment of debts by applying a

ruptcy, as is the case in other proceedings under percentage of future earnings.

the bankruptcy law. This latter procedure obviates bankruptcy pro- The Chandler Rallroad Adjustment Act, (Chapceedings to free wage earners from attachment and ter XV) approved July 28, 1939, permits railroads garnishment of salaries or wages. The old "com - in financial difficulties to enter into voluntary position" by debtors has been abandoned and "ar- agreements with their creditors to postpone marangement" now takes its place.

turity dates, and reduce interest rates on securities. On August 16, 1937, the Municipal Debt Adjust- The Act may be invoked in behalf of railroads not ment Act was approved to replace the Act of May in equity receivership or in reorganization under 24, 1934, held unconstitutional by the Supreme Section 77 and have not been in equity receiverCourt. It provides procedure by which the indebt. ships under Section 77 within 10 years prior to edness of insolvent taxing agencies, such as localling the adjustment petition,

Patent Law-Summary Of

Source: An Official of the U. S. Patent Office A patent grant gives the inventor the right to mere mechanical skill, nor for machines that will exclude all others from making, using, or selling not operate, particularly for alleged perpetual his invention for 17 years, but it does not give the motion machines. patentee the right to make, use, and sell his own A patent is not granted for a new composition of invention if it is an improvement on some unex- matter unless the component parts thereof, as well pired patent whose claims are infringed thereby. as the manner of making and using the same, are

A patent is granted only upon a regularly filed fully disclosed in the application when fled. application, complete in all respects, upon payment To obtain a patent for a medical compound, it of the fees, and only after a determination of must be something more than & physician's preutility and completeness of disclosure of the scription "invention, and a search to determine its novelty. No protection is afforded by the patent law prior No patent is granted upon a mere idea or &

to the actual issue of a patent. suggestion.

Protection of the patent law extends throughout There must be a complete description of the continental United States, Alaska, Hawaii, and the invention and it must be accompanied by drawings Canal Zone, and, upon compliance with certain suitably illustrating the same, 11 it is of a machine regulations, to Puerto Rico, the Philippine Islands, or other device that can be illustrated.

the Virgin Isles, and Guam. If the device is not operative and not so clearly The law gives right of appeal to the courts from set forth as to make it capable of manufacture refusal to grant a patent or a reissue. from the description, no patent can issue.

President Roosevelt signed, July 2, 1940, a bill An application for' patent must

be made by the authorizing the Commissioner of Patents to keep inventor only, and no person who has not actually secret all inventions affecting national defense. created a portion of the invention is entitled to be if the commissioner decides the disclosure of an considered a joint inventor.

invention would be detrimental to public safety or A patent issued to more than one inventor where defense he can withhold the granting of a patent only one has actually invented the device is invalid. to the inventor for an indefinite period. Army and

A person who makes a financial contribution Navy officials would get immediate access to pendmerely is not a joint inventor, but the invention ing patents. In August, 1941, a law was signed may be assigned to him.

which prohibits the filing of applications for Patents are not granted for useless devices, for patents in foreign countries, which cover any inprinted matter, for methods of doing business, for vention made in this country, without first obtainimprovements in devices which are the result of ing a license from the Commissioner of Patents.

TRADE MARKS-THE LAW THEREON (Many of the States have their own trade-mark laws, which it is necessary to consult) A trade-mark is a distinctive word, emblem, Any mark which has been in actual and exclusive symbol, or device, or a combination of these, used use as a trade-mark by the applicant during the 10 on goods actually sold in commerce to indicate or years next preceding February 20, 1905, may be identify the manufacturer or seller of the goods. registered, and such a mark when once registered The mark must have been used in interstate or may be registered when used on other goods of foreign commerce, or in commerce with the Indian the owner of the mark. tribes, before an application for registration can Trade-marks are not protected by the copyright be filed in the Patent Office.

laws. A trade-mark can not be registered if it con- Foreigners must apply for and secure registration tains immoral or scandalous matter. No one can of their trade-marks in their home countries before register a mark including the flag or coat of arms registration can be effected in the United States, or other insignia of the United States or any and only those whose home countries give resimulation thereof, or of any State or municipality ciprocal rights to United States citizens can or of any foreign nation, or of any design or picture register. that has been or may hereafter be adopted by any Ownership of trade-marks is not conferred by fraternal Society as its emblem,

registration. The first person to use a trade-mark Registration is prohibited of any name, dis- on merchandise acquires title thereto in the tinguishing mark, character, emblem, colors, flag, territory where his goods are marketed. Tradeor banner adopted by any institution, organization, mark ownership rights arise under the nondub, or society which was incorporated in any statutory common law of the States. They are State of the United States prior to the date of not acquired by registration or lost by failure to adoption and use by the applicant provided use by obtain the registration permitted by the statute. the organization was prior to use by applicant. Owners of trade-marks having business or pro

No portrait of a living individual may be regis- spective business in foreign countries should ascer. tered as a trade-mark except by the written con- tain the trade-mark laws in those countries so sent of the individual, nor may the portrait of any that they may take proper steps in time to proteet Receased President of the United States be regis- their rights. Registration in the United States tered during the life of his widow except by written generally is essential before registration in foreign consent of the widow.

countries. No mark which is identical with that used by An agreement strengthening international reganother on the same class of goods, or so nearly ulations for protection of trade-marks, patents and resembles it as to be likely to cause confusion in copyrights was signed at London on June 2, 1934, trade, can be registered. These limitations do not by delegates from 39 nations, including the United prevent the registration of a trade-mark merely States. False indication of the origin of products because it is the name of the applicant, provided is prohibited and more general observance of the it is distinctively written or printed.

rights of trade-mark owners is provided.

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Law of Contracts

Source: The Statutes; Common Law
To the creation of a valid contract there must be: The following contracts very generally are

1. Precise agreement. The offer of one party required to be attested by some writing: must be met by an acceptance by the other, accord

Contracts by their terms not to be performed ing to the terms offered.

within a year from the making thereof. 2 There must be a consideration which may or

A promise to answer for the debt, default, or may not be a matter of dollars and cents. For ex

miscarriage of another person. ample, marriage is & civil contract in most of the

Contracts made in consideration of marriage, states of the Union,

3 The parties must have capacity to contract. except mutual promises to marry. The contracts of insane persons are not binding

Promise of an executor or administrator to pay upon them. Married women are now generally

debts of deceased out of his own property. permitted to contract as though single, and bind

Contracts for the creation of any interest or their separate property.

estate in land, with the exception of leases for a 4. The party's consent must not be the result of short term, generally one year. fraud or imposition, or it may be avoided by the

Contracts for the sale of goods above a certain party imposed upon.

value, unless a portion of the price is paid or part 5. The purpose of the parties must be lawful. of the goods delivered. Agreements to defraud others, to violate statutes. Partial performance of the contract is generally

whose aim is against public policy are void. held to dispense with the necessity for a writing,

Copyright Law of the United States

Source: An Official of the U. S. Copyright Office The copyright law provides that the application works (see a, b, c, below) of which copies are not for registration of any work "shall specify to which reproduced for sale, by filing in the Copyright of the following classes the work in which copy- Office an application for registration, with the right is claimed belongs:

statutory fee of $1, sending therewith: (a) In the (a) Books including composite and cyclopaedic case of lectures or other oral addresses or of draworks, directories, gazetteers and other compila- matic or musical compositions, one complete copy tions; (b) periodicals, including newspapers; (e) of the work: (b) In the case of photographs not lectures, sermons, addresses, prepared for oral intended for general circulation, one photographic delivery: (d) dramatic or dramatico-musical com- print. (c) In the case of works of art (paintings, positions; (e) musical compositions; (f) maps; (g) drawings, sculptures), or of drawings or plastic works of art models or designs for works of art; works of a scientific or technical character, one (h) reproductions of a work of art; (i) drawings of photograph or other identifying reproduction of the plastic works of a scientific or technical character; work. In the case of a motion picture photo-play, (1) photographs; (k) prints and pictorial illustra- a title and description and one print taken from tions; (1) motion picture photo plays; (m) motion each scene or act. In case of a motion picture pictures other than photo-plays.

other than a photo-play, a title and description For works reproduced in copies for sale or public with not less than two prints

to be taken from distribution: 1. Publish the work with the copy- different sections of a complete motion picture. In right notice. The notice may be in the form all these cases, if the work is later reproduced in **Copyright, 19. (year date of publication), by copies for sale, two copies must then be deposited (name of copyright proprietor), or in the

with another application. case of works specified above (i) to (k) the notice The statutory fee for registration of a published may consist of the letter C inclosed in a circle (c) work subject to copyright is $2. This includes the accompanied by the initials, monogram, mark or Copyright Office certificate under seal. For regissymbol of the proprietor-provided that his nametration of a published photograph where a certifishall appear on some accessible part of the cate is not desired the fee is $1. For drama copies.". 2. Promptly after publication send to the music, lectures and works of art not reproduced Copyright Office, Library of Congress. Washington, in copies for sale (1. e., unpublished) the regisD. C., two copies (or il the work is by a foreign tration fee is $1 as heretofore. For renewal of citizen and is first published in a foreign country, copyright, $1. For recording assignments $2 for one copy only) of the best edition of the work, each Copyright Office record-book page or fraction with an application for registration.

thereof over one-half page. In the case of books by American authors, or

Copyright notices in books must be placed on the permanent residents of the United States, the title page or on the page immediately following. copies deposited must be accompanied by an affi davit, under the official seal of an officer author

The original term of copyright under existing ized to administer oaths, stating that the typeset- prior to the expiration of the original term, the

U. S. law runs for 28 years. Within one year ting, printing and binding of the book have been performed within the United States. Affidavit and

author, or the next of kin, may secure a renewal application forms will be supplied by the Copyright posite works, or works made for hire, the proprie

for a further term of 28 years. In case of comOffice on request.

tor may secure the renewal. BOOKS OF FOREIGN ORIGIN

Copyright in the United States may be secured Books of foreign origin in a language or lan- countries on compliance with the American copy

for works of foreign authors published in foreign guages other than English are not required to be

right law manufactured in the United States. In the case of a book in the English language published abroad

PRINTS AND LABELS before publication in this country, an ad interim copyright for four months from the day of the Under the Commercial Print and Label Act, deposit of the foreign copy may be secured by de effective at the close of business June 30, 1940, the positing in the Copyright Office one complete copy registration of commercial prints and labels was of the foreign edition within sixty days after its transferred from the office of the Commissioner publication abroad. If two copies of such book of Patents to the Register of Copyrights. Registramanufactured and published in this country are tions already made and unexpired are subject to deposited for registration during the ad interim renewal through the Register of Copyrights when term, the copyright shall be extended for the full their term expires, if application is made within term of 28 years.

one year of expiration of original term of 28 years, For works not reproduced in coples for sale: For forms and instructions apply to the Register Copyright may also be had of certain classes of of Copyrights.

The Single Tax, Summary by the Late Henry George

We assert as our fundamental principle the sell- for any special privilege thus accorded to him, evident truth enunciated in the Declaration of and that that value which the growth and imAmerican Independence, that all men are created provement of the community attaches to land

should be taken for the use of the community: that equal and are endowed by their Creator with

each is entitled to all that his labor produces; certain inalienable rights.

therefore, no tax should be levied on the products We hold that all men are equally entitled to the of labor. use and enjoyment of what God has created and To carry out these principles, we are in favor of of what is gained by the general growth and im- raising all public revenues for national, State, provement of the community of which they are county and municipal purposes by a single tax à part.

upon land values, irrespective of improvements, Therefore, no one should be permitted to hold and of the abolition of all other forms of direct natural opportunities without a fair return to all and indirect taxation.

Litigation of Customs Claims

Source: A Law Omcer of the Customs Court If the valuation by the local appraiser of im- Reappraisement cases are heard by a single ported merchandise upon which an ad valorem Judge, with an appeal by either party from his duty is assessed is disputed by the importer he may

judgment to one of the Appellate Divisions of the appeal to the U. S. Customs Court for revaluation court, consisting of three Judges.

Classification cases, including suits over the (or reappraisement as it is called) within 30 days

legality of an appraisement, the legality of any after the personal delivery or mailing of the written

administrative regulation promulgated by the Secnotice of appraisement by the local appraiser.

retary of the Treasury, or the legality of other If the importer is dissatisfied with the classifi

administrative action resulting in the levy of duty cation of the Collector of Customs at the port of by the collector of customs, are decided by this entry, he may file a protest in writing within sixty court. days with such collector, who thereupon must for- An appeal lies from this court's judgment to the ward the papers to the court, and the case is U. S Court of Customs and Patent Appeals at rezularly docketed.

Washington, from whence certiorari lies to the These remedies of appeal and protest have been Supreme Court of the United States. accorded also to the American manufacturers, The U. S. Customs Court meets at 201 Varick producers and wholesalers, as parties in interest. I St., N. Y. City.

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