4th. As checks made payable to a person's order compel the payee to indorse them, they are, when drawn in this form, often used in lieu of receipts.

5th. The drawer of a check may countermand its payment at any time previous to its payment or acceptance by the bank.

6th. A check received from others should be presented. without unnecessary delay, as the drawer will not otherwise be responsible for its payment in case of the failure of the

bank.

7th. Every holder of a check is liable to every subsequent holder, only for the time for which he would be held if originally liable.

8th. A post-dated check is payable on the day of its date; but it is preferable to draw a check payable in the future; to date it on the day on which it is drawn and state in the body of the check the day when it is to be paid.

9th. When made payable on a future day and not on the day of its date, they have been, and usually are, treated as bills of exchange, and as such are entitled to days of grace. SEC. 165. The following is a form of check payable at a future day:

[If acceptance be not waived, the payee should present the check at the bank, and cause the teller [or, other proper officer] to write across the face of the check the words: "good when properly indorsed," and sign his name officially.]

SEC. 165. The following a form of promissory note with collateral security:

able monthly in advance, and if not so paid to be compounded and become a part of the principal, and bear thereafter the same rate of interest, for value received.

As collateral security for the payment of the above note and the interest to grow due thereon, have deposited with the following

personal property, to wit:

....

....

....

......

....

And should the said note or any part thereof or the interest to grow due thereon, remain due and unpaid, after the same should have been paid, according to the tenor of said note, .... hereby irrevocably authorize and empower or their heirs, executors, administrators or assigns, to sell and dispose of the above-mentioned personal property or any part thereof, at public or private sale, without any previous notice to .... of such sale [or, after advertising the same days in the .], and from the proceeds arising therefrom to pay the principal and interest and all charges that shall be then due and the costs of sale, and the balance, if any, to pay over to representatives upon demand. In case of deterioration of any of the above securities, or fall in the market value of the same, .... hereby promise and agree to reduce the amount of debt or to increase the security in proportion to such deterioration or decrease of value, in default of which this note is to be considered due under the above stipulation. On the payment of the above note and interest, according to the terms of the former and all charges, this agreement is to be void and the above-named securities to be returned to

....

....

or....

....

SECTION 1. The justice should wait an hour after a summons is returnable before proceeding to swear witnesses in the cause. 9 Barb. 60.

SEC. 2. Where, after issue joined, in a justice's court, the cause was adjourned to another day, and the justice waited a full hour after the time appointed for the appearance of the parties, it was held, that this was a reasonable

delay, and that he might proceed to call the parties and give judgment against the one who neglected to appear. 20 Johns. 309.

SEC. 3. So where a cause is held open to a particular hour on a subsequent day, the justice should wait an hour after the time specified for the parties to appear; and it is erroneous for him to call the cause in the absence of one of the parties, and proceed to the hearing thereof before the expiration of that time. 3 Barb. 372.

CHAPTER XXXIV.

CERTIORARI.

SECTION 1. At common law the writ of certiorari has nothing but the jurisdiction, and, incidentally, the regularity of the proceedings upon which the jurisdiction depends. The review never extends to the merits; upon these the action of the inferior tribunal is final and conclusive. Our statute is affirmatory of the common law. In this last respect (6 Cal. 679) In the Matter of The People ex rel. Church vs. Hester, is overruled. The return of the court below should, when necessary to determine a jurisdictional fact, exhibit every issue of law and fact involved in the question of jurisdiction and the evidence, as well as the record. Whitney vs. Board of Delegates S. F. Fire Department, 14 Cal. 479.

SEC. 2. On a writ of certiorari it is the duty of the justice to make his return of the testimony from his minutes. and his best recollection. 4 Wis. 219.

SEC. 3. Where a justice, after having signed a return to a certiorari, made a supplementary return, and then made another return declaring the supplementary return incorrect, the court refused to receive the supplementary returns, and expressed their strong disapprobation of the practice of preparing returns to certiorari for justices, without their request, especially by the party applying or his attorney. 7 Johns. 548.

SEC. 4. It is not sufficient for the justice to return to a

writ of certiorari that the defendant in certiorari being satisfied that the judgment was erroneous, has discharged the same and paid costs; he must return all the proceedings had before himself. 3 Wis. 297.

SEC. 5. A certiorari to a justice's court is a new suit, and not the continuation of an old one, therefore the covenant of the surety for a non-resident plaintiff, on suing out a summons, to pay any sum that may be adjudged against the plaintiff in that suit does not extend to the costs of a reversal on certiorari of the judgment recovered by the plaintiff, before the justice, in the suit commenced by the summons. 4 Denio, 84.

SEC. 6. A justice's judgment for the plaintiff, on an action for goods sold and delivered, will be held good on certiorari, where the return shows that the defendant did not appear, although the return does not state that the justice waited one hour before proceeding with the cause, and the declaration does not show a venue, a precise statement of the cause of action and a formal promise to pay. 4 Denio, 182.

CHAPTER XXXV.

CHATTEL MORTGAGES.

SECTION 1.. Chattel mortgages may be made on the following property to secure the payment of just indebtedness: Upholstery and furniture used in hotels and public boarding-houses, when mortgaged to secure the purchase money of the identical articles mortgaged, and not otherwise; saw mill, grist mill, and steamboat machinery, tools and machinery used by machinists, foundrymen, and other mechanics; steam boilers, steam engines, locomotives, engines and the rolling stock of railroads, printing presses and other printing material, instruments and chests of a surgeon, physician or dentist, libraries of all persons, machinery and apparatus for mining purposes. No mortgage made by virtue of this act shall have any legal force or effect (except between the parties thereto) unless the residence of

the mortgagor and mortgagee, their profession, trade or occupation, the sum to be secured, the rate of interest to be paid, when and where payable, shall be set out in the mortgage, and the mortgagor and mortgagee shall make affidavit that the mortgage is bona fide, and made without any design to defraud or delay creditors, which affidavit shall be attached to such mortgage. Gen. Laws, 498.

SEC. 2. The seventeenth section of an act entitled "An act concerning fraudulent conveyances and contracts," passed April nineteenth, one thousand eight hundred and fifty, in so far as the same conflicts with the provisions of this act, is hereby repealed. Gen. Laws, 499.

SEC. 3. All mortgages made in pursuance of this act (with the affidavit attached), shall be recorded in the county where the mortgagor lives, and also in the county or counties where the property is located or used: provided, that property in transitu from the possession of the mortgagee to the county of the residence of the mortgagor, or to a location for use, shall, during a reasonable time for such transportation, be considered as located. It shall be the duty of the county recorders of this state to provide proper books of record and of index, in which they shall make a true copy or record of all mortgages made in pursuance of the provisions of this act, and left with them for record, and they shall enter, in alphabetical order, the names of the mortgagee and mortgagor in such index books. The recorder shall note on the mortgages and in the index books the time (in like manner as mortgages on real estate) when the same was received into the office for record, and the recording shall take effect from that time. The recorder's fees for recording and indexing shall be the same as are allowed him by law for like services for recording deeds of real estate, to be paid in advance by the person presenting the same for record. Gen. Laws, 500.

SEC. 4. No chattel mortgage shall be valid (except between the parties thereto), unless the same shall have been made, executed and recorded, in conformity to the provisions of this act provided, however, if the mortgagee receives and retains the actual possession of the property mortgaged, he may omit the recording of his mortgage