engage and bind themselves. The style and name of the copartnership shall be D. and A., and shall commence on the 20th day of September, 1863.

Each of said parties agree to contribute to the funds of the partnership the sum of $1,000 in cash, which shall be paid in on or before the 20th of September, 1863; and each of said parties shall devote and give all his time and attention to the business, and to the care and superintendence of the same.

All profits which may accrue to the said partnership shall be divided, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or accident, and all expenses of the business, shall be borne by the said parties equally.

All the purchases, sales, transactions and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties, and their legal representatives, respectively. An account of stock shall be taken, and an account between the parties shall be settled as often as once a a year, and as much oftener as either partner may desire and in writing request.

Neither of the said parties shall subscribe any bond, sign or indorse any note of hand, accept, sign or indorse any draft or bill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accomnodation of any other person or persons whatsoever, without the consent in writing of the other party; nor shall either party lend any of the funds of the copartnership without such consent of the other party.

Neither party shall be engaged in any other business, nor shall ither party withdraw from the joint stock any more than $100 per quarter or $400 per year.

On the dissolution of this copartnership, if the said parties of their legal representatives cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due the firm, shall be sold at public auction, at which both parties shall be at liberty to bid and purchase like other individuals, and the proceeds to be divided after paying the debts of the firm.

For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of any violation of them or either of them by the other, shall have the right to dissolve this copartnership forthwith on his becoming informed of such violation.

In witness whereof the said parties have hereto set their hands and seals the day and year first abɔve written.

E. D. [L. 8.]
H. A. [L. &]

LIABILITIES OF COMMON

CARRIERS.

A COMMON carrier is defined in law as a person who carries goods or packages, by land or water, as a business; owners of stage wagons, stage coaches, rail cars, cartmen, teamsters, porters, owners and masters of vessels, canal boatmen, barge owners, &c., are common carriers.

Common carriers are liable for the entire value of all goods intrusted to them, if not delivered to the parties to whom they are directed. They are not liable for the loss of goods when such loss is caused by lightnings, storms, hurricanes, earthquakes, decay, spontaneous combustion, leakage of casks or carelessness of shippers, nor in case they are captured or destroyed by pirates. But in all other cases the carrier is responsible for the full value of all goods he undertakes to transport.

The owner or master of any vessel that is publicly open to transport anybody's goods to any designated foreign or domestic port is liable as a common carrier; but a vessel that transports goods for one or more particular parties does not come under the carrier laws, nor yet an owner who lets the tonnage to particular shippers. If the owners charter a vessel to certain persons for a voyage, at a stipulated freight, they are liable as common car. riers, unless the terms of the charter party relieve them.

Common carriers are responsible for the acts of all persons in their employ; the act of the agent or servant being regarded as the act of the principal and master.

Steamboats that tow vessels, and private persons conveying goods for another on a special occasion, are not liable as common carriers.

Owners of passenger conveyance, such as stages, carriages, &c, are liable as common carriers for all luggage or baggage intrust ed to their care, but not for goods, unless under a special agree

ment.

Injuries to goods by strangers must be made up by the carrier Ile is responsible for all damage to goods in his care by accidentai fires thefts, and robberies.

A common carrier is bound by law to deliver all goods in the same good order as when intrusted to him. He must receive all such goods as are offered for the place at which he carries from any person willing or offering to pay the usual or a reasonable freight-charge. He may refuse to take them if his vessel or other means of transport is full, or if the goods are dangerous to be carried, or till he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason.

A carrier is not liable for loss by the freezing up of a river or canal, unless it can be shown that he neglected to use due dili gence; nor for the leakage of a vessel in a storm, nor for losses from collision of his ship with another, except in cases of negli. gence.

A carrier is liable for goods from the moment they are delivered into his hands.

A carrier is not liable for goods unless they are actually placed in his hands. When goods have reached the destined place, they must be delivered to the proper person or his agent. If the latter accepts the delivery, the carrier is no longer responsible.

A carrier is liable for losses from deposits or storages of goods on the route; but if goods are left in his possession an unreasonable time, he is only bound to give them ordinary care.

No contract, nor public or personal notice, will exempt the carrier of goods from losses caused by his own neglect or fraud or that of his agents; but any notice of the carrier to the shipper that he will not take goods of great value, or that he will not pay moro than a specified sum, unless specially informed of such value, is good. All ambiguous notices will be construed against the carrier. Notices at each end of a route will not bind parties who ship at intermediate places, unless such notice is specially made thereon to them. A personal notice to the principal is binding on all his agents who may forward goods by the same line. If the owner of goods mislead the carrier as to their value, or make false statements calculated to lessen his vigilance, it is a fraud upon bim.

Where there is no notice, or special contract, it is enough for the owner to show the carrier's undertaking the carriage of his goods, and a non-delivery. The carrier must show why he did not deliver; but when there is a notice, the owner must show a want of ordinary prudence in the carrier. A valid seizure of goods

because of an illegal act of the owner, will excuse a non-delivery, but the seizure must be valid, or the carrier will be liable. The carrier is authorized to put any claimant to the proof as to his title to take the goods; should he neglect to do this, he is liable. In case of stolen goods, the carrier minst deliver them to the owner on demand.

A carrier has a right to demand payment when he receives the goods; if his demand is not complied with, he may refuse to take the goods. But if he take them, to be paid at the end of the route, he may detain them till paid, on his arrival there.

Common carriers are bound to carry passengers safely and properly to the place agreed upon, and are responsible for all neglect. In case of an accident on the way, the carrier has to show that it was not his fault. All passengers are to be treated impartially for the general benefit. Rude, coarse, or suspicious persons may be refused. The conveyance must be suitable for the passage, and have skilful, prudent conductors and servants. The baggage of passengers must be duly delivered to them, or, if so requested, the carrier must hold it for them a reasonable time.

In the case of a rash, careless, or violent driver, who causes in jury to the passengers or goods by racing, running foul of other vehicles, the proprietors are liable.

A carrier may retain baggage for unpaid fare.

PRE-EMPTION TO PUBLIC LANDS.

Any individual claiming the benefits of the Pre-Emption act must be

First. A citizen of the United States, or have filed his declaration of intention to become a citizen.

Second. Either the head of a family, or a widow, or a single ma over the age of twenty-one years.

Third. An inhabitant of the tract sought to be entered, upon which, in person, he has made a settlement and erected a dwelling-house since the 1st of June, 1840, and prior to the time when the land is applied for: which land must, at the date of the settlement, have had the Indian titie extinguished and been surveyed by the United States.

A person failing in any one of these requisites can have no claim by virtue of this act.

A person bringing himself within each of the above requirements by proof satisfactory to the Register and Receiver of the land district in which the lands may lie, taken pursuant to the rules hereinafter pre scribed, will, after having taken the affidavit required by the act, be entitled to enter, by legal subdivisions, any number of acres not exceeding one hundred and sixty, or a quarter-section, to include his residence and he may avail himself of the same at any time prior to the day of the

commencement of the public sale, including said tract, where the Land has not yet been proclaimed.

Where the land was subject to private entry at the date of the law, and a settlement shall thereafter be made upon such land, or where the land shall hereafter become subject to private entry, and after that period a settlement shall be made, which the settler is desirous of securing under this act, such notice of his intentions must be given within thirty days after the date of such settlement. Such notice, in all cases must be a written one, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act. [See forms A and B, hereto annexed

In all such cases, the proof, affidavit, and payment, must be mada within twelve months after the date of such settlement.

The tracts liable to entry under this act are some one of the following designations:

First. A regular quarter-section, notwithstanding its quantity, may be a few acres more or less than one hundred and sixty; or a quartersection, which, though fractional in quantity by the passage of a navigable stream through the same, is still bounded by regular sectional and quarter-sectional lines.

Second. A fractional section, containing not over one hundred and sixty acres, or any tract being a detached or anomalous survey made pursuant to law, and not exceeding said quantity.

Third. Two adjoiniug half quarter-sections (in all cases to be separated by a north and south line, except on the north side of townships, where the surveys are so made as to throw the excess or deficiency on the north and west side of the township) of the regular quarters mentioned in the first designation; or, two adjoining eighty-acre subdivisions of the irregular quarters found on the north and west side of townships, where more than two such subdivisions exist, or the excess may render them necessary, provided in the latter case the aggregate quantity does not exceed one hundred and sixty acres.

Fourth. Two hali quarter or eighty-acre subdivisions of a fractional or broken section, adjoining each other, the aggregate quantity not exceeding one hundred and sixty acres

Fifth A regular half-quarter and an adjoining fractional section, or an adjoining half-quarter subdivision of a fractional section, the aggre gate quantity not exceeding one hundred and sixty acres.

Sixth. If the pre-emptor should not wish to enter the quantity of one hundred and sixty acres, he may enter a single half-quarter section, (made by a north and south line,) or an eighty-acre subdivision of a Fractional sectio

Seventh. One or more adjoining forty-acre lots may be entered, the aggregate not exceeding one hundred and sixty acres.

Eighth. A regular half-quarter, a half-quarter subdivision, or a fractional section, may each be taken, with one or more forty-acre subdivisions lying adjoining, the aggregate not exceeding one hundred and sixty acres.

Only one person on a quarter-section is protected by this law, and that is the one who made the first settlement, provided he shall have con formed to the other provisions of the law.