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William Lesley Mason.

How to become a law stenographer; a compendium of legal forms, containing a complete set of legal documents, accompanied with full explanations and directions for arranging on the typewriter for stenographers and typrwriter operators online

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LAW STENOGRAPHER




THE LIBRARY

OF

THE UNIVERSITY
OF CALIFORNIA

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HOW TO BECOME
A LAW STENOGRAPHER



A COMPENDIUM OF LEGAL FORMS
CONTAINING A

COMPLETE SET OF LEGAL DOCUMENTS ACCOMPANIED WITH

FULL EXPLANATIONS AND DIRECTIONS FOR

ARRANGING ON THE TYPEWRITER

FOR STENOGRAPHERS AND
TYPEWRITER OPERATORS



AN INDISPENSABLE COMPANION FOR EVERY STENOGRAPHER
INTENDING TO TAKE A POSITION IN A LAW OFFICE



COMPILED BY

W. L. MASON

A Law and Convention Reporter of Thirty Years' Experience ; Late Teacher of

Stenography and Typewriting in the Mechanics' Institute and the

De Witt Clinton High School ; and for twelve years

Principal of the Metropolitan Shorthand

School, New York




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PREFACE



THIS Compendium of Legal Forms is designed to afford a ready
and practical aid to familiarity with law work, and is intended
for use in High Schools and Business Colleges, as well as by
individual stenographers who desire to prepare themselves to
fill lucrative positions in law offices, or as court reporters.

The book contains a large number and variety of forms,
together with directions for arranging the same on the typewriter,
as well as explanations of peculiar terms and expressions used
by lawyers, and a carefully compiled list of the Latin phrases
in more common use, with definitions, as found in legal papers.

In using this Compendium, each document should be carefully
studied, both as to its form and contents, then written on the
typewriter several times, until it can be typed rapidly with ease
and accuracy. Certain paragraphs should be memorized as
indicated. The arrangement of headings, paragraphs, endings,
etc., as given in the book, should be strictly followed. The forms
herein presented for study are authentic legal documents, used
in real legal transactions, or in actual trials of cases, and are
not theoretical compilations of the compiler.
,1 In preparing this new and revised edition of a work which has
already had a wide circulation, and proven to be very popular,
as well as invaluable to the ambitious stenographer and to the
teacher of shorthand and typewriting who is aiming to prepare
his students to enter law offices, several new features have been
introduced, among them being a set of legal documents peculiar
to other sections of the country outside of New York.

Another useful feature of this work is the very full Index
with cross references, enabling a student to find at a glance not
only any kind of legal document in common use contained in
the preceding pages, but most of the terms and expressions
employed in law offices.

Still another feature is the full explanation of each document,
the meaning of which is not obvious at a glance.

The compiler of this work desires to express his appreciation of
valuable aid afforded him by Mr. Charles T. Conger, Principal
of the High School at Bakersfield, California, Judge C. L. Claflin,
Attorneys W. B. Beaizley, Fred Borton, and others who have
made suggestions from time to time which have materially
increased its value and efficiency.

San Antonio, Texas,

May 1st, 1909.






TABLE OF CONTENTS

PACK

SUGGESTIONS . . . . . .9

LEGAL FORMS . . . . . .11

COURT DOCUMENTS . . . . . .11

COMPLAINT . . . . . . .13

SUMMONS . . . . . . .14

ENDORSEMENT . . . . . .15

ANSWER . . . . . . .16

ANOTHER FORM OF COMPLAINT . . . .18

ANOTHER FORM OF ANSWER . . . . .19

AFFIDAVIT TO OBTAIN AN ORDER REFERRING THE ISSUES . 20

AFFIDAVIT OF ATTORNEY FOR ACCOUNTING EXECUTOR . 22

AFFIDAVIT CERTIFYING TO CORRECTNESS OF ACCOUNTANT'S

REPORT . . . . . . .24

AFFIDAVIT OF MORTGAGOR . . . . .25

AFFIDAVIT ASKING FOR AN ORDER TO FILE AN AMENDED

COMPLAINT . ^ . . .26

ORDER PERMITTING PLAINTIFFS TO AMEND COMPLAINT . 27
AFFIDAVIT FOR A COMMISSION TO EXAMINE A WITNESS WITHOUT

THE STATE . . . . . .28

ORDER FOR A COMMISSION TO EXAMINE WITNESS ON

INTERROGATORIES . . . . .29

COMMISSION . . . . ' . . .30

INTERROGATORIES . . . . . .31

CROSS-INTERROGATORIES . . . . .32

DEPOSITION . . . . . . .33

SPECIAL TERM ORDER . . . . .35

NOTICE OF TRIAL . . . . . .36

NOTICE TO PRODUCE . . . . . .37

PETITION . . . . . . .38

CONSENT . . . . . . .40

EXECUTOR'S OATH . . . . . .41

INTRODUCING EVIDENCE . . . . .42

FORM OF HEADING FOR TESTIMONY . . . .43

TRANSCRIBING TESTIMONY . . . . .45

TESTIMONY OF HENRY RAYMOND . . . .48

BILL OF COSTS . . . . . .50

ENDORSEMENT FOR BILL OF COSTS . . . .52

BRIEF . . . . . . .53

OPINION . . . . . . .55

5



6 TABLE OF CONTENTS

PASE

JUDGMENT DISMISSING COMPLAINT . . . .58

JUDGMENT UPON REPORT OF REFEREE . . .59

WILL . . . . . . .60

DEED (NEW FORM) . . . . . .62

SEARCH . . . . . . .64

OLD FORM OF DEED . . . . . .65

MORTGAGE . . . . . . .68

BOND . . . . . . .70

BOND WITH INTEREST CLAUSE . . . .71

BOND OF INDEMNITY . . . . .72

LEASE . . . . . . . .73

SCHEDULE OF RECEIPTS AND EXPENSES . . .74

GENERAL ASSIGNMENT . . . . .75

ASSIGNMENT OF CLAIM . . . . .76

AGREEMENT . . . . . . .77

AGREEMENT OF CREDITORS . . . . .78

POWER OF ATTORNEY . . . . .79

ANOTHER FORM OF POWER OF ATTORNEY . . .80

RELEASE FROM COPARTNERSHIP LIABILITY . . .81

GENERAL RELEASE . . . . . .82

SOME WESTERN LEGAL FORMS . . . .83

CALIFORNIA COMPLAINT . . . . .83

DEMURRER . . . . . . .87

AMENDED COMPLAINT . . . . .89

ORDER PERMITTING AMENDED COMPLAINT TO BE FILED . 91

AFFIDAVIT OF SERVICE BY MAIL . . . .92

CALIFORNIA ANSWER . . . . . .93

NOTICE OF TRIAL . . . . . .95

CALIFORNIA BRIEF . . . . . .96

FINDINGS . . . . . . .98

DISMISSAL . . . . . . .100

COST BILL . . . . . . .101

BILL OF EXCEPTIONS . . . . . .103

PROPOSED AMENDMENTS TO PROPOSED BILL OF EXCEPTIONS . 106

NOTICE OF APPEAL . . . . . .107

DECREE OF FORECLOSURE . . . . .108

WRIT OF CERTIORARI . . . . .111

COMPLAINT . . . . . . .113

AFFIDAVIT FOR ATTACHMENT. . . . .115

UNDERTAKING . . . . . .116

PETITION . . . . . . .118

BOND 120



TABLE OF CONTENTS 7

PAGE

ORDER OF REMOVAL OF CAUSE . . . .122

AMENDED COMPLAINT . . . . .123

NOTICE OF MOTION . . . . . .125

VERDICT . . . . . . .127

JUDGMENT . . . . . . .128

BILL OF COMPLAINT IN U.S. CIRCUIT COURT . . .130

ORDER EXTENDING TIME TO DOCKET CAUSE . . .134

ORDER TO SHOW CAUSE . . . . .135

ACTION ON NOTE . . . . . .137

MOTION FOR COSTS . . . . . .138

SUBPOENA AD RESPONDENDUM (NEVADA) . . .139

MOTION FOR NEW TRIAL (MISSOURI) . . . .140

CONTEST NOTICE . .: . . . . 141

ASSIGNMENT OF CLAIM (TEXAS) . . . .142

DEED (ILLINOIS) . . . . . .143

POWER OF ATTORNEY (CALIFORNIA) .... 144

REVOCATION OF POWER OF ATTORNEY . . .145

PROXY ....... 146

QUIT-CLAIM DEED (CALIFORNIA) . . . .147

BILL OF SALE (INDIANA) . . . . .148

QUIT-CLAIM DEED (INDIANA) . . . . .149

WILL (ILLINOIS) . . . . . .150

LETTERS RELATING TO LAW WORK . . . .151

LIST OF LATIN PHRASES WITH DEFINITIONS . 154



SUGGESTIONS

TO

TYPEWRITER OPERATORS FOR ARRANGING LEGAL
FORMS ON THE MACHINE



1. ALL words printed in capital letters in the following pages
should be written " All Caps " on the machine.

2. Use ruled legal paper, thirteen inches long by eight inches
wide, with red marginal lines, and write on only one side of the
sheet. The only exception to this rule is a Will, which is some-
times written on both sides of a legal sheet. In New York
practise, Court documents may now be written on paper 8x10
inches, with marginal lines.

3. Set the right hand red line at 71, and the left marginal
stop two spaces from the red line on the left side. Paragraph
five spaces in from the margin.

4. In Court documents for use in New York Courts, run an
ordinary " box," containing the title, thirty spaces from the
left hand margin, using hyphens for the upper and lower lines
of the " box," and colons, or right parenthesis marks, for the
side. Above this " box " place the name of the Court, as shown
in the following pages. An easy way to do this is to write first
the name of the Court, centering it between the margin (if at
10) and 40, or (if at 6) 36, then the upper line of hyphens, ending
same with a small x, then the name of the plaintiff or plaintiffs,
and so on, until ah 1 the title has been written ; then make the
bottom line of hyphens, and then, holding down the shift key
(for single keyboard) and the space bar, strike the colons one
after the other, turning the carriage back after each with the
right hand. Other documents arrange as printed.

5. Begin all legal documents six full spaces from the top of
the page.

6. Leave plenty of space for all blanks half a line to a line
for a name, date, or sum of money.

7. Do not write the name of a document on the face thereof,
except in Western forms where shown.

8. Write all New York State documents in black ink, on
medium weight paper, and for duplicate copies use black carbon.



10 SUGGESTIONS

9. Fasten, with brass staples, each copy of every document
to a colored " back," with the top folded over about an inch
and a half, and endorse the " back " with the caption, the name
of the document, and the name and address of the attorney.
If the back furnished for binding the document does not contain
an " Admission of Service " printed thereon, it should be added
on the typewriter beneath the name and address of the Attorney,
in the following words : " Due and timely service of the within
document is hereby admitted." Then leave a blank space for
the Attorney's name, and the word " Dated," leaving a space for
the date to be written in in ink.

10. Use the same capitalization in typewriting the forms as
is shown in the examples given in the following pages.



LEGAL FORMS

A STENOGRAPHER who is preparing to take a position in a law
office should familiarize himself with legal forms, and even
commit to memory certain portions of some of the documents.

Legal forms comprise two kinds, viz. :

1. Court Documents, i.e., those actually necessary in the
trial of a case, and usually known as " Pleadings."

2. Other legal documents, such as Wills, Deeds, Mortgages,
and various kinds of Contracts.



COURT DOCUMENTS

THESE consist of Complaints, Answers, Affidavits, Orders,
Notices, etc., etc.

In the trial of a case, the first document encountered is the
Summons, which, however, is rarely dictated. A printed form
is generally used, filled in on the typewriter, and attached to
the Complaint.

The next document is the Complaint. In writing the Com-
plaint, as well as all other Court Documents, the first thing to
note is the " Caption " with which all such papers begin. This
includes the name of the Court in which the case is to be tried,
and the Title, comprising the names of the plaintiff and defendant,
connected by the word " against." This connecting word is
written variously, against, vs., v., or versus, the last being the
most infrequent form, and should be taken down and transcribed
as dictated.



(GMPLAINT)



Pol. 1



N.Y. SUPREME COURT.



James T. Ball, :

Plaintiff, :

-against- :

Walter Stephens, :

Defendant. :



The plaintiff complains against the defendant in the above
entitled action, and alleges : ^

FIRST. That on or about the 24th day of August, 1909, the
above named plaintiff loaned to the defendant herein, at his raqueet,
the sum of Five hundred Dollars ($500.), which said sum the defendant
promised to pay to said plaintiff on demand, with interest from said
24th day of August, 19O9.

SECOND. That on the 17th day of December, 1909, the plaintiff
above named duly demanded said sum from the said defendant, but that
no part thereof has been paid, and that the said Five hundred Dollars
($500.), with interest from the 24th day of August, 1909, now remains
due and owing from said defendant to said plaintiff.

WHEREFORE, this plaintiff demands judgment against the
defendant for the sum of Five hundred Dollars ($500.), with interest
thereon from the 24th day of August, 1909, together with the coats
of this action.



Plaintiff's Attorneys,

Office and Poet-office Address,
No. 31 Nassau Street,
New York, N.Y.



STATE OF NEW YORK, ;
COUNTY OF NEW YORK, !" :



James T. Ball, being duly sworn, says, that ho is the
plaintiff in the above entitled action ; that th foregoing com-
plaint la true to his own knowledge, except as to the matters
therein stated- to be alleged on information and belief, and that
as to those matters he believes it to be true.

SJtSworn to before me thi
( day of December, 1909.



Venue, Place of Trial.

t . -Scillcst, to wit, namely

{ Jurat, o*tlt.



14 Legal Forms

2

(SUMMONS)

N. Y. SUPREME COURT.



JAMES T. BALL,

vs. Plaintiff,

WALTER STEPHENS,

Defendant.



TO THE ABOVE NAMED DEFENDANT:

YOU ARE HEREBY SUMMONED to answer the
complaint in this action, and to serve a copy of your answer on
the plaintiff's attorneys herein within ten days after the service
of this summons, exclusive of the day of service, and in case of
your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
Dated, New York, December , 1909.

Gastron & Martin,
Plaintiff's Attorneys,

Office and P.O. Address,
31 Nassau Street,
New York City.



After typewriting the Complaint on legal paper, it should be bound,
together with the printed Summons properly filled in, as above, in a
" back," endorsed as follows :



Legal Forms



N.Y. SUPREME COURT.



James T. Ball

vs.
Walter Stephens



SUMMONS AND COMPLAINT



Gaatron & Martin,

Plaintiff's Attorneys,
31 Nassau Street,
N. Y. City.

1 Due and timely service of
the within document ia hereby
admitted.



Defendant's Atty.
Dated :



To get this endorsement in the right place, turn down the " back " an
inch and a half from the top, then fold the lower edge even with the top
fold, insert in the machine with the opening to the left as far as it will go,
turn up four full spaces, then begin the endorsement 30 spaces from the
ri?ht hand edge, centering between these points. For example, if the right
hand edge comes to 70, begin the endorsement at 40.

All New York Court Documents must be " folioed," i.e., the folios
(every hundred words) indicated by placing the folio number in the left-hand
margin, thus Fol. 1, Fol. 2, Fol. 3, etc. (See the Complaint on page 13.)

Three copies should be made of a document having but one plaintiff and
one defendant. Add another copy for each additional party to the action.

Page legal work at the bottom in the center.

1 These words constitute what is called an " Admission of Service " (see Suggestions), and
are usually printed or typewritten on the backs of Court Documents. They should be memorized.



1 6 Legal Forms



(ANSWER TO THE FOREGOING COMPLAINT)

A Complaint usually contains only allegations.

An Answer may contain allegations, denials, and admissions.

N. Y. SUPREME COURT.



JAMES T. BALL,

vs. Plaintiff,

WALTER STEPHENS,

Defendant.



The defendant, by Henry Hooper, Esq., his attorney,
answering the complaint of the plaintiff, alleges :

a- [ I. That he has no knowledge or information sufficient
1 1 to form a belief as to any of the allegations contained in
O Q (paragraph first of said complaint.

II. He alleges that on or about the 24th day of August,
1908, he went to the above-named plaintiff and asked him to
lend him the sum of Five Hundred Dollars ($500.), but that
the plaintiff declined and refused to give him such a loan, and
tendered him the sum of Five Dollars ($5.00), which said
defendant was compelled to accept, being in very needy
circumstances at the time.

III. This defendant admits that at various times the
plaintiff has demanded from said defendant this sum of Five
Dollars (5.00) which the said plaintiff gave to the said
defendant on the date hereinbefore named, and he admits
also that he declined to return the said Five Dollars ($5.00)
to the said plaintiff in view of the fact that the said Five
Dollars ( $5.00) was tendered to the said defendant as a gift,
and not as a loan.



Legal Forms 17



f WHEREFORE, this defendant demands judgment,
(dismissing the complaint with costs.



Defendant's Attorney,

Office and Post Office Address,

18 Pine Street,
Borough of Manhattan,

New York City.

STATE OF NEW YORK,

ss. :
COUNTY OF NEW YORK.,

Walter Stephens, being duly sworn, deposes and says,
that he is the defendant in the above entitled action ; that
the foregoing answer is true to his own knowledge, except as
to the matters therein stated to be alleged on information
and belief, and that as to those matters he believes it to be
true.

Subscribed and sworn to before me ]

this day of 1908. J



(Defendant's Signature.}



Notary Public,

New York Co., N. Y.



The Answer should be backed and endorsed as directed on page 15,
inserting the word " Answer " instead of " Summons and Complaint."

Be careful never to omit the Verification from a Complaint or an Answer.
Either of these documents is void without a Verification.

Memorize the Prayer and the Verification in the Complaint ; also the
General Denial, the Prayer, and the Verification in the Answer.



a (403)



1 8 Legal Forms

4

(ANOTHER FORM OF COMPLAINT)



SUPREME COURT OF THE CITY OF
NEW YORK.



WALTER L. DRUMMOND

against
GEORGE W. CARLETON.



The above named plaintiff complains of the defendant and
shows to this Court :

THAT the said defendant is justly indebted to the said
plaintiff in the sum of Thirty-five hundred Dollars ($3500.) for
money loaned to, paid, laid out and expended for said defendant
by this plaintiff at the defendant's request, and for work, labor
and services rendered to the said defendant by this plaintiff,
and goods, wares and merchandise sold and delivered by the
plaintiff to the defendant all during the time previous to January,
1909;

THAT no part of the same has been paid, and the same
is now due, and the plaintiff demands judgment for Thirty-five
hundred Dollars ($3500.) besides costs.



Plaintiff's Attorney.



(Verification.)



Legal Forms 19

5

(ANOTHER FORM OF ANSWER)

A Complaint usually contains only allegations.

An Answer may contain allegations, denials, and admissions.

SUPREME COURT,
COUNTY OF NEW YORK.



TIMOTHY JENKINS,

vs. Plaintiff,

LAWRENCE WOOD, SIMON R. PRINCE and

HERMAN OSBORNE, composing the Firm of

WOOD, PRINCE & Co.,

Defendants.



The defendants, by Morris Meyer, Esq., their Attorney,
answering the complaint of the plaintiff, allege :
g- [ I. That they have no knowledge or information "I ^
j sufficient to form a belief as to any of the allegations If
o ( contained in paragraph first of said complaint.

f II. They allege that on or about the 15th day of October,

I 1909, the plaintiff came to the store kept by the said defend-

&! ants at 384 Sixth Avenue, and demanded that certain goods

5; be sold to him which were not then, and never have been,

I kept on sale by these defendants.

III. These defendants admit that, upon the rude and
boisterous conduct of the plaintiff creating a disturbance,
they had him forcibly ejected from their premises, but they
deny that any unnecessary force was used in said ejectment.
WHEREFORE, these defendants demand judgment
dismissing the complaint with costs.



Defendants' Attorney,

Office and Post Office Address,
18 Pine Street,

Borough of Manhattan,

STATE OF NEW YORK, ) New York City.

COUNTY OF NEW YORK. / SS- '

Lawrence Wood, Simon R. Prince, and Herman Osborne,
being each for himself severally duly sworn, do depose and say,
that they are the defendants in the above entitled action ; that
the foregoing answer is true to their own knowledge, except as
to the matters therein stated to be alleged on information and
belief, and that as to those matters they believe it to be true.
Subscribed and sworn to before me
this day of 1909.



20 Legal Forms

6

Learn to distinguish and recognize legal documents by their form.

Complaints and Answers begin with an Introduction, end with a Prayer,
and have a Verification attached.

Affidavits (sworn statements) begin with a Venue, and end with a Jurat.

(AFFIDAVIT TO OBTAIN AN ORDER REFERRING
THE ISSUES)

(See pages 22, 24.)

SUPREME COURT
COUNTY OF NEW YORK.



ELIAS LYNCH,

Plaintiff,
vs.
MICAH DOYLE,

Defendant.



STATE OF NEW YORK,
COUNTY OF NEW YORK.

ELIAS LYNCH, being duly sworn, says :

I. That he is the plaintiff in the above entitled action, and
that an issue of fact has been joined therein.

II. That said action is brought to recover for services
rendered by deponent for the defendant as his agent in the sale
of county rights to manufacture and vend a certain patented
device, and also for moneys paid, laid out, and expended by
deponent for the defendant, at his request.

III. That the defendant by his answer admits the existence
of the agency, but denies that services were rendered by deponent
to the extent and of the value set forth in the complaint ; and
also sets up a counter-claim for goods alleged to have been sold
and delivered to deponent by the defendant during the times
mentioned in the complaint, which counter-claim is put in issue
by the reply herein.



Legal Forms 21



IV. That the trial of the action will require the examination
of a long account on the side of both plaintiff and defendant
covering a period of over six years ; that the account of the
plaintiff consists of more than 75 items ; and the defendant's
demand as set forth in the bill of particulars served herein
consists of more than 25 items.

V. That in view of the length of time necessarily involved
in the examination of these accounts, a reference is necessary.



Subscribed and sworn to before me
this day of November, 1909.



No Verification is attached to an Affidavit.

Affidavits may be arranged in numbered paragraphs, or in one continuous
paragraph, the sentences being set off from one another by semicolons,
as in the form on page 28.

An Affidavit may be drawn in the first or the third person (see pages
22, 24).



Legal Forms



(AFFIDAVIT OF ATTORNEY FOR AN ACCOUNTING
EXECUTOR)

1 SURROGATE'S COURT,
COUNTY OF NEW YORK.



In the Matter

of
The Final Judicial Settlement of the

Account of SAMUEL W. JAMES as
Executor of ROBERT WILSON, Deceased.



CITY AND COUNTY OF NEW YORK, ss. :

John M. Vane, being duly sworn, saith :

That he is one of the Attorneys for the accounting Executor
herein, and that the annexed bill of costs contains the items and
costs and disbursements to which the accounting Executor
deems himself entitled at the time of the settlement of the decree
herein for counsel fees and disbursements. That all of the
disbursements therein set forth have been actually made by the
deponent's firm as the Attorneys for the said Executor, and
have been necessary for the purposes of said accounting, and in
order to furnish the fullest possible information relative to the
accounts to all parties in interest.

Deponent also further saith, that the said accounting
Executor, and said firm of Vane & Harris, as his said Attorneys,
claim a further allowance of Two hundred and fifty dollars
($250.), under the provisions of Section 2562 of the Code, namely,
for more than twenty-five days occupied in the trial and neces-
sarily occupied in preparing the account of said Executor for
settlement and otherwise preparing for the trial. That the
number of days and parts of days actually occupied in such
preparation of the account for settlement, and preparation for
the trial and the hearing of the trial, has been more than forty,
as deponent verily believes, but that deponent only makes claim
for an allowance for twenty-five days.

1 Surrogate, " In some states of the United States, an officer who presides over the probate
of wills and testaments, and over the settlement of estates."



Legal Forms 23

Deponent further saith that amongst the days necessarily
occupied as aforesaid, and the time occupied on each day in the
rendition of the services, and their nature and extent in detail
are as follows :



February 16th .

17th .

20th .

27th .

28th .

March 1st .

2nd .

3rd .

5th .

6th .



2 hours

2

2

2

3

7

4

2

3

3



Deponent further saith as to the nature and extent of such
services, that they involved the preparation of the original
petition, the procuring of orders of publication, and the service
of a number of the parties in interest by publication ; the
preparation of an elaborate account showing the expenditure
and disbursement of over $270,000 ; the putting of said account
in legal form and shape ; the drawing of decree ; consultations


1 3 4 5 6 7 8 9 10 11 12 13

Online LibraryWilliam Lesley MasonHow to become a law stenographer; a compendium of legal forms, containing a complete set of legal documents, accompanied with full explanations and directions for arranging on the typewriter for stenographers and typrwriter operators → online text (page 1 of 13)