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VOL. X., No. 12.
PHILADELPHIA, PA, MARCH 24, 1894.
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the element of negotiability did not attach to promissory
notes at the English law until after it had attached to both PUBLISHED WEEKL:
foreign and domestic bills of exchange. In a celebrated
English case Lord'Holt decided that promissory notes were EDUCATIONAL NEWS COMPANY, , not negotiable at common law. The effect of this decisPhiladelphia, Pa.
ion was to so disturb the financial situation that Parliament
in 1705 passed a statute(3 and 4 Anne, C. 9) which proCONTENTS.
vides that all notes in writing made and signed by any perCOMMUNICATIONS:
son whereby such persou shall promise to pay to any other COMMERCIAL PAPER.
person, his, her, or their order, or unto bearer, any sum of LANGUAGE....
.180 money mentioned in such note, shall be negotiable in like DECORATING THE SCHOOLROOM....
manner as bills of exchange. In the several states of the A LESSON IN NUMBER
181 WRITING IN THE FIRST GRADE.
American Union three different positions have been taken; PAY ATTENTION .....
183 viz. :
1. That the statute of 3 and 4 Anne is in force ELOCUTIONARY
therein. 2. That promissory notes were negotiable indeWHO'S AFRAID IN THE DARK ?...
.183 pendently of this statue and that Lord Holt's decision is EDITORIAL:
not in force. 3. That Lord Holt's decision was correct, EDITORIAL NOTES.......
.184 PERSONAL ITEMS.............
but that the statute of Queen Anne is not in force; the matHINTS..........
.186 ter being regulated by local statutes. It may be generally EDUCATIONAL INTELLIGENCE........
..187 stated that in order that a note may be negotiable as an inQUERY COLUMN.......
...189 land bill of exchange in Virginia, Alabama, Kentucky or LITERARY AND SCIENTIFIC,.....
Indiana, it must be made payable to bearer or order
at a bank in that state. In Pennsylvania Statute 3 and 4 Original and Selected.
Anne is in force. For the EDUCATIONAL NEWS.
The following things are also necessary in order to make
a note negotiable :- 1. It must be open; i. e. not under COMMERCIAL PAPER.
seal,- for a sealed instrument is a covenant, or a deed; but
in some states as stated in the News of Feb. 24, the addiPROMISSORY NOTE.
tion of a seal does not affect the negotiability of the instruA promissory note differs from a bill of exchange in ment to which it is attached. 2. The promise to pay must that the latter is an order to pay money, while the former be certain and unconditional. 3. The amount to be paid is a promise to pay. To the bill there are usually three must be certain, and 4, must be payable in money and in original parties; to the note only two---the maker and the money only. 5. The note must be delivered. payee. The maker or drawer of a bill is not liable upon it A note may be payable in specific articles, goods or to the payee unless the drawee has refused to honor the chattels; but such a note is not negotiable. The effect of bill and the drawer has been given proper notice of such negotiability is to cut off all equitable defences when the dishonor; but the maker of a cote is always the person pri- note or bill is in the hands of an innocent holder and thus marily boind thereby.
protects such a holder. Two questions here arise: 1. What As was suid in the EDUCATIONAL News of February 24, is an equitable defence ? 2. Who is an innocent holder ?
An equitable detence is one that that does not appear on the deliver it. Possession is prima facie evidence of delivery face of the note. Thus a note may be obtained without a and of ownership; and the giving of a promissory note is consideration, or it may be vitiated by fraud, yet, if it is prima facie evidence of a settlement of all accounts benot negotiable the maker can not defend against it in the tween the parties.
JAS. J. H. HAMILTON, hands of an innocent tolder; for such a defence does not Scranton, Pa. appear upon the face of the instrument and there is nothing therein to put the purchaser on his guard. Such a de- For the EDUCATIONAL NEWS. fence may always be set up against a non-negotiable instru
LANGUAGE. ment. The only persons protected by the negotiability of the instrument are innocent holders; and by an innocent
What is the aim of a language lesson? I answer to holder is meant one who
broaden your pupils' range of thinking and to cause them 1. purchases the paper in good faith;
to think in a connected, definite way. The pupils, as a 2. for a value consideration;
rule, are rather timid and backward in talking on entering 3. in the usual course of business;
school, but by a series of well planned language lessons, 4. before it becomes due:
the power of talking freely is fully developed, and also, the 5. without noticing any infirmity attaching to it. manner of talking correctly. But in language work, as THE FORM OF A NOTE.
well as any other work, the teacher must make some specThere is no particular form required in a note. All that ial preparation. The first thing for a teacher to do, is to is necessary is that it be an express, written promise by the get thoroughly acquainted with the children and gain their maker to pay to the payee, or order, or to bearer, a defi- confidence. Talk with the children upon familiar subjects, nite sum of money absolutely and at all events.
so as to get the range of their ideas. Find out the weight A simple form of a negotiable note follows:
of their mental power. You may ask, "How are we to get Scranton, Pa., March 8, 1894. the range of their ideas; how are we to leara their mental Ninety days after date I promise to pay to the order of power ?" I would answer you by saying, give the chil
dren something to do when they enter the school. Let Thomas Jones, One Hundred Dollars.
them see that you appreciate their efforts, their work. $100.
Praise them for what they have done. Get down on a level The words "for value received" are not essential to a with the children. Become a child with them. Talk with note or bill. It is an old rule of law that no simple con- them about the things they have at home, the cat, the dog, tract is binding unless it be based upon a consideration. etc. Talk with them about the things they saw, when The practice soon obtained of setting forth the considera- coming to school. Don't criticise too closely. Too close tion in the instrument itself. The next step was not to set criticism causes a child to falter at the very threshold. it out in full, but to acknowledge its receipt by the use Make all corrections for those young children by reof the words "for value received." But the instrument is peating yourself in correct form the incorrect expressions now held to import a consideration, and these words are of the children. A child by bearing these corrected exno longer necessary.
pressions from the teacher, will soon learn to use them INTEREST.
without any direct telling. All exercises should be short Notes bear interest before they are due only when they and full of life. Choose some subject that the children are so state; but after they become due all notes bear interest. interested in. Go with them fishing, huckle-berrying, or on If no rate is named the legal rate of interest is understood a picnic to Cedar Grove, or anything that will awaken their and payable. In some states a bigher rate than the legal curiosity.
E. E. B. rate may be collected if agreed upon in the note.
In some Chester, N. J. states this amount is unlimited; in others a limitation is placed by law upon the rate that may be collected even by For The EDUCATIONAL NEWS. agreement.
DECORATING THE SCHOOLROOM. A forged note is absolutely void and cannot be ratified. And as delivery is essential to a note, if my undelivered Decorate the schoolroom and let the children help to do note is stolen from my desk and put in circulation by the it. thief, I am not bound thereby for it is not my note until I Last September, when I entered the primary room to
which I had been elected, I saw, arrayed upon the walls, school that would, perhaps, be missing if the daily routine the identical set of wall maps that had decorated them for was all there was to which we might look forward. years. In some remote time the room had been used for Atco, N. J.
CORA S. DAY. the whole school and these maps were the relics of that
A LESSON IN NUMBER. time. Now that it was used for the primary department, they were, of course, useless; and covered as they were with
Once upon a time a teacher was sitting at his desk in his the accumulated dinginess of years, they were anything but
home study when a five-year-old child came to him with a things of beauty.
box full of wooden discs. His mother had bought them I humbly petitioned the august head of the Board for tor him to play with. By some mysterious way he had permission to remove them; and when it was granted learned to count ten things. She had not tried to teach speedily confined them to the obscurity of a closet.
him. He had not attended school. This teacher was busy Then for the decorations. First, I placed along the top studying “methods” from a book, when this live boy of the black-boards a series of original stick-laying designs, shoved a chair up to the table and poured out of his box utilizing otherwise unused space. They were arranged in something less than a peck of these wooden discs. The
a series of one-stick designs, two-stick designs, etc., with a teacher went on studying his book. The boy counted out view to using them in future number work.
ten of these discs and placed them in a row talking to himWhen the children had become adepts in laying the de- self all the while. The teacher began to divide his attensigns in sticks on their desks, I had some of them bring tion between the book on methods and the boy who knew clean pasteboard boxes, from which I cut squares and had nothing about method. The boy placed another row with the children paste the sticks on them in the given designs. ten in it beside the first row and said, "Two tens.” The
When finished, these were arranged above one of the teacher here recalled the fact that when the boy completed black-boards, and formed an array that the children never the first row he did not say one ten but said ten. The boy tired of because “We made them.” For the space above made another row and said three tens. He kept this up the other board I cut diamonds, circles, etc., from bright without a word from the teacher and without being concolored paper and had the older pupils arrange and paste scious that the teacher was watching him. When he had them on squares like those for the sticks. Besides these finished the tenth row, he said "Ten teus ?” and then adspecimen of their own children's own work we have pic- dressed the teacher as follows: "Ten tens, see ! How many tures-lots of them; some brought by the children, a hand- is ten teas ?" The teacher, (without correcting the boy's some calendar with a picture of Grant on his horse, grammar --just think of it !) said, "One hundred." The brought by one of the boys, a lot of reproductions cut from boy immediately climbed out of his chair and ran to his the pages of a Photographic Review,” a colored picture mamma in great glee and said, “Mamma, mamma, ten tens of Columbus at the court of Spain, and a number of pic is a hundred, ten tens is a hundred; I've got 'em on the tures sent as supplements to my educational papers.
table; come and see, mamma, come !" Mamma came and Some of my boys have brought in a huge hornets' nest the little fellow was delighted. Mamma was, too. So and a “hanging bird's nest," and they are given places of was the teacher. He laid his book down and began to honor, for I am glad they appreciate the wonders and study the boy. He asked him to divide his hundred butbeauties of these common things and bring them to me.
tons, as the boy called them, into two equal parts. The Just now we are making a collection of things found in boy looked a moment and put his finger down in such a the United States, the children bringing the things and I way that there were five tens on either side and said that pasting them on a large decorated square of card-board, five tens is one-half of ten tens. Where or how he learned divided into four sections-Eastern, Middle, Southern and this no one knew. The teacher touched two rows of tens, Western sections.
using his thumb and fourth finger, and asked the boy to When the collection is finished, this will be hung on the see how many two tens he could find. He soon reported wall and furnish material for almost unlimited language five. Then the teacher told him that we call iwo work.
fifth of ten tens. And the boy said, “I know why. It is All this work is so arranged as not to interfere with the because it takes five of them to make ten tens.” The teacher regular school work, and I enjoy doing it as much as do then touched one row and said, "What is this?” The boy the children themselves.
said, “One ten." Why do you call it a ten ?” asked the It keeps us all out of ruts and arouses an interest in teacher. "Because it has ten buttons in it," said the boy.