Filing

“ The general indexing and filing problems before the librarian are these:
1. Borrowers’ register. 2. Stationery and supplies register. 3. Correspondence filing and indexing. 4. Indexing of minutes. 5. The filing of clippings. 6. The filing of broadsides, prints, photographs, maps, lantern slides, negatives. 7. The filing of deeds. 8. The filing of pamphlets.
As the index is the key to the filing system, we will treat of filing methods first. ”

“ An entryman has the right at any time to relinquish back to the United States all his right, title, and interest to and in the land covered by his filing. The land is then open to entry.
A claimholder who has filed on a quarter of land will have plenty of opportunity to relinquish his claim, for a cash consideration, so that another party may get a filing on it. ”

“ This filing constitutes the filing of a complaint and commences an action against the property. Provision is made for notice by posting, publication and mail. The notice must be mailed to the property owner at his last known address. ”

“ The word 'file' is derived from the Latin word 'filum,' and relates to the ancient practice of placing papers on a thread or wire for safe-keeping and ready reference. Filing, it must be observed, is not complete until the document is delivered and received. 'Shall file' means to deliver to the office, and not send through the United States mails. ”

“ When the credit man, for example, reviews the correspondence of a customer from whom he is trying to collect an account, he will not be ignorant of the existence of a letter from the sales manager in which special terms were offered to secure the order.
The File Clerk. The filing division should be in charge of a file clerk and the clerk should have full control of the work of the division. In a large business, a chief file clerk and several assistants will be required, while in a small business it is customary for the stenographer to do the filing. ”

“ A duly authenticated copy of the tax receipt or license is required to be filed with a named official, to whom a ten-dollar filing fee is to be paid, and such official is required to publish, in certain official newspapers, the first week in each month, a list of all such tax receipts or licenses filed during the previous month, such notice to be published one week in each newspaper. ”

“ The subsection also requires the filing with the Secretary of a report showing union receipts, disbursements, and assets and liabilities. Subsection (g) requires, among other things, the filing annually with the Secretary of reports bringing up to date the information required to be supplied under subsection (f) . ”

“ Having accepted a paper as the notice of appeal required by Rule 3, an appellate court might require timely filing of a second document meeting its standards for a brief or, if the paper meets those standards, take such other action as it deems appropriate to ensure that the filing sequence contemplated by the Rules is not disturbed. ”

“ If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee. ”

“ A party acting as agent and appearing in line, as contemplated under the eleventh paragraph, will be allowed to make one entry or filing in his individual character, if he so desires, and to file one declaratory statement in his representative character as agent, if such he shall be, and thereupon he will be required to step out of line, giving place to the next person in order, and, if he desires to make any other filings, to take his place at the end of the line and await his proper turn before doing so, and thus to proceed in order until all the filings desired by him shall be made. ”

“ Third. Petitioners contend that, standing by themselves, sections 4 (a) and 5 transgress constitutional restrictions. These sections have three parts. Section 5 (a) provides for the filing of a notification of registration. Section 5 (b) makes it the duty of every registered holding company to file a registration statement, with documents and certain detailed information, within a reasonable time after registration. ”

“ One excellent filing device that is both inexpensive and capable of indefinite expansion consists of a number of stout manilla envelopes, large enough to hold newspaper clippings, printed reports, magazine articles, and photographs. In each envelope is kept the material pertaining to one subject in which the writer is interested, the character of the subject-matter being indicated on one side of the envelope, so that, as the envelopes stand on end, their contents can readily be determined. If a writer has many of these envelopes, a one-drawer filing case will serve to keep them in good order. ”

“ One man had charge of the filing and recording, and no one else was permitted to enter the vault. When a file was withdrawn, a receipt was taken, and was put in the place of this file; and when the papers were restored to the vault the receipt was destroyed. ”

“ It is true that in applying the doctrine of lis pendens to the case of a third person who is a bona fide purchaser, notice is held to begin from the date of service of the subpoena, and not from the filing of the bill. ”

“ Any number of men have tried to work out a filing system based on the Interstate Commerce Commission classification of accounts. Any number of men have soon encountered limiting conditions which seem to preclude a satisfactory solution. ”

“ Norris, 11 How. 204, that 'the writ of error is not brought, in the legal meaning of the term, until it is filed in the court which rendered the judgment.' And Chief Justice TANEY, speaking for the court, said: 'It is the filing of the writ that removes the record from the inferior to the appellate court, and the period of limitation prescribed by the act of congress must be calculated accordingly. The day on which the writ may have been issued by the clerk, or the day on which it is tested, are not material in deciding the question.' This decision has always been adhered to. ”

“ Upon the filing of lists with such affidavits attached, it is made the duty of registers and receivers to certify to the correctness of the selections in the particulars mentioned and in other respects. ”

“ Such statement shall be kept up to date by such person by filing on the first day of every succeeding month a statement of his maximum price for any cost-of-living commodity newly offered for sale during the previous month, together with an appropriate description or identification of the commodity.'↑ H.R. 5479, 77th Cong., 1st Sess.↑ 'Upon a showing that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction or decree or restraining order shall be granted without bond.' Investment Company Act of 1940, 54 Stat. ”

“ These EDGAR filings were used by stock brokers, economists, and analysts, and a $300 million/year industry had sprung up retailing these documents. When I was a doctoral student in economics, I learned that sometimes you could write to the corporation and ask them to send you their annual report by U.S. Mail, but often I ended up forking over $30 a document to some information retailer to read these filings electronically. ”

“ “The lawyers have twisted it into such a state of bedevilment that the original merits of the case have long disappeared from the face of the earth. It’s about a will and the trusts under a will—or it was once. It’s about nothing but costs now. We are always appearing, and disappearing, and swearing, and interrogating, and filing, and cross-filing, and arguing, and sealing, and motioning, and referring, and reporting, and revolving about the Lord Chancellor and all his satellites, and equitably waltzing ourselves off to dusty death, about costs. That’s the great question. ”

“ When parties are dealing by mail and there is a bargain that a check shall be sent, the check becomes the property of the person to whom it is sent as soon as it is mailed, and, therefore, when the letter with the check is put in the mail it operates as a payment on the option, and the loss of the draft is not the sender's loss, but the other man's. ”

“ It's the easiest thing in the world. All you have to do is to pick the mail out of some box on a corner. I can show you how with a copper wire and a little piece of wax—and you are sure to find among the letters somebody's check in payment of a bill. There at once you have the bank, and the signature. Then all you have to do is to write a letter to the bank asking for a new check book, saying yours is used up, and sign the name that appears on the check. ”

“ Examination of the entry is usually made by the entry clerk, and if found to be correct, the collector proceeds to estimate the duties 'on the invoice, value, and quantity,' and if the estimated amount of duty is paid or secured to be paid as required by law, the collector certifies the invoice and grants a permit in due form for the delivery of the cargo, first designating the packages, one in ten, to be sent to the public store for examination, and marking the same on the entry, invoice, and permit. ”

“ Thus, an order or promise to deliver a certain sum of money to A, or to be accountable or responsible to A, for a certain sum of money, or that A shall receive it from the maker, is a good promissory note; so a receipt for money to be returned when called for, or an acknowledgment, due to A a certain sum of money payable on demand; or a promise to pay or cause to be paid to A a certain sum of money; or an instrument acknowledging the receipt of money of A, promising to pay it on demand with interest ”

“ II. The bill of parcels constitutes a contract known as a bargain and sale, by force of which the title to the property passed, without delivery, without payment of the price. It purports on its face a sale in presenti.
III. The paper signed by the defendant, dated 19th September, (Record, p. 11,) is a sufficient compliance with the statute of frauds, and the first position taken, and the first instruction asked in the court below, should have been sustained. ”

“ And be it further enacted, That it shall be the duty of the Register to keep all accounts of the receipts and expenditures of the public money, and of all debts due to or from the United States; to receive from the Comptroller the accounts which shall have been finally adjusted, and to preserve such accounts with their vouchers and certificates; to record all warrants for the receipt or payment of monies at the Treasury, certify the same thereon, and to transmit to the Secretary of the Treasury, copies of the certificates of balances of accounts adjusted as is herein directed. ”

“ By the sixth section no maker of or other person liable on such note, bond, bill, or other instrument in writing is allowed to allege payment to the payee made after notice of assignment as a defense against the assignee. The eighth section provides: 'Any note, bond, bill, or other instrument in writing, made payable to bearer, may be transferred by delivery thereof, and an action may be maintained thereon in the name of the holder thereof. ”

“ With the several attorneys upon the list, plaintiff in error has an arrangement by which, in consideration of a fee paid by them to it, their names are inserted, and plaintiff in error guarantees to merchants and other persons sending claims to the attorneys that they will promptly and faithfully pay over all moneys collected. It furnishes the list of attorneys to business men and merchants throughout the United States. ”

“ In an action, counter claim or set-off, founded upon an account, promissory note, bill of exchange, or other instrument, for the unconditional payment of money only, it shall be sufficient for the party to give a copy of the account or instrument, with all credits and indorsements thereon, and to state that there is due to him on such account or instrument, from the adverse party, a specified sum, which he claims with interest. ”

“ By them we are informed that it is the settled law of the State, that 'a bank receiving commercial paper, as an agent for collection, properly discharges its duties, in case of non-payment, by placing the paper in the hands of a notary-public to be proceeded with in such manner as to charge the parties to it, and secure the rights of the real owner ”

“ If, then, the real payees shall indorse the note to a third person, they are within the words of the statute as indorsers, and the indorsee, in an action against them or the drawer, may be permitted to prove the real character of the undertaking, by showing that the name of a person had been inadvertently left upon the paper as a payee, who had refused to be such, and who had been waived as a party to the note, both by the drawer and the real payees, when the contract had been completed between them by the delivery of the note. ”

“ Justice Story show that the receiving a note as security for a debt, or forbearance to sue a present claim or debt, or an exchange of securities, or becoming a surety, or doing any other act at the request or for the benefit of the maker or indorser, will constitute a sufficient consideration for note as well as the payment of money, or the making of advances, or giving credit, or the discharge of a present debt, or the performance of work or labor at the request of the party. ”

“ Agency—Ratification.—A, a collector employed by B, deposited in the defendant bank, without the knowledge of B, certain sums of money, designating as payee in the bank register “B, by A.” Six certificates of deposit at different times were thus issued to A, payable to the order of B, and all were subsequently paid to A, upon being indorsed “B, by A.” The certificates of deposit were never in B’s possession, and it did not appear but that each new certificate was procured partly or wholly with funds derived from payment of the previous one. ”