The herald., 1914-07-30
LEGAL PHAaTOMS.
Many Statutes That Exist Only
In the Imagination.
Popular Beliefs Which Have Sprung
Up, No One Knows How, and Become
Fixed Ideas, Yet Have No Founda-
tion In Legislative Enactments.

tion In Legislative Enactments.
Many people have the idea that if
one owes Till and goes to his debtor
and tells him that he is willing to pay
and then offers some tritiing sum on
account, say 81 or even less per week
or month, the creditor is obliged to
take it, utterly regardless Of the fact
that if creditors were obliged to re-
ceive payment in that way il would
put most of them out Of business In a
very short period.
There Is no such law.
In the minds of very many people,
especially in the country districts.
there is another firmly fixed idea that
if one person strikes another first the
! person assaulted may then all but
pound the other to death
There is no such law
\ person assaulted has the right TO
defend himself. but he may not use
any more force than necessary to do
that. To Use more than necessary
force completely turns the tables. and
the assaulted becomes the aggreSSor
and liable for his excess of zeal in
damages commensurate with the dam
age done \ person has the right to
order an undesirable person from his
premises and to use sufficient force to
eject him If he does not go when so
ordered, but he has no right to acceIer-
ate his movements with one or more
well placed kicks.
Many people who owe bills labor I'M
der a strong impression that it is the
duty of their creditors to come to them
for their money.
There is no such law.
There is a proverb which says. THE
borrower IS servant to the lender"
The bank will not come to you If you
owe Il note which it holds for collec-
ton. Out of courtesy it will send you
a notice that your note is due Gt is not
compelled TO do that. but you must
go to the bank to make payment.
In the country frequently and In
the city sometimes one is told that,
IL a person dies leaving children and
grandchildren, the children Of a de-
ceased child. the grandchildren, are not
entitled TO the share of the estate
which their parent would have taken.
as the father or mother having died
there is no way whereby the inherit
ance can pass over from the deceased
to the grandchildren-in other words.
the line is broken.
There is no such law.
The statutes expressly provide that
! the children. of deceased heirs take
the share that would have gone to
their parent
A person OWNS fruit tree and its
branches OverhanG the land Of his
neighbOr Many think because of that
the neiGhbor is entitled to the fruit
OH the OvcrhanginG branches.
There is No such law.
If the tree sat upon the line be-
| tween the estates the neighbor would
| be entitled to one-half of the fruit.
/ but being wholly on one side the owner
| is entitled 10 all the fruit and may 90
| upon his neighbours land and gather II
! without being guilty of trespass. II
/ the neighbOr does not like this ar
rangement he may take his Ak or saw
| and cut the limbs off at the line be-
| tween the estates. but he must throw
! them on his neighbOr's land. as the
/ wood Of the tree belongs to him. The
owner of the tree may not like to have
his tree treated thus, but he cannot
/ help himself
J Two men Own adjacent lots of land
| One wishes to have fence between
! them; the other does not Many people
/ think that one may build the fence and
compel the other 10 pay for half Of it
/ There is no such law
| In such case one owner may cal
! in the fence viewers and have them
| ascertain the line and designate which
| part of the fence each shall build
! Neither party, however. can compel the
other TO build any particular style OF
| fence. The mover in the matter may
want fancy fence, but the other may
build his half of any material salts
| factory to himself. and so long as it il
10 build any other.
Many shOpkeeperS demand that find
| ers Of lost money or valuableS in theil
stores shall deliver them over to them
as they own the articles because they
were found on their premises.
There is no such law.
The finder Of money or other valu
ables on the floor outside the countel
In store is the owner of the sam,
against the whole world except tn,
loser, but it has been held that If tn,
owner left the money or goods upoI
the counter or on a table In the stor,
they were practically in the care O
the storekeeper and he had the righ
to their custody, while be could no
make such a claim to goods whicl
were found on the floor.-Bostop Globe