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"her, the moiety not distributed to the willow shall be distri. . buted in equal shares to his mother and brothers and sisters, of the representatives of such brothers and sisters; and if there lie no widow, the whole surplus shall be distributed in like manner to the mother and to the brothers and sisters, or the representa. tives of such brothers and sisters.
7. If the deceased leave a father, and no child or descendant, the father shall take a moiety, if there be a widow, and the whole if there be no widow.
8. It the deceased leave a mother, and no child, descendant, father, brother, sister, or representatives of a brother or sister, the mother, if there be a widow, shall take a moiety, and the whole if there be no widow. And if the deceased sball have been illegitimate, and have left a mother, and no child or de. scendant or widow, such mother shall take the whole, and shall be entitled to letters of administration in exclusion of all other persons, in pursuance of the provisions of this chapter. And if the mother of such deceased be dead, the relatives of the deceased on the part of the inother shall take in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order.
9. Where the descendants or next of kin of the deceased, en. titled to share in his estate, shall be all in equal degrec to the deceased, their shares shall be equal.
10. When such descendants or next of kin shall be of unequal degrees of kindred, the surplus shall be apportioned among those entitled thereto, according to their respective stocks; so that those who take in their own right, shall receive equal shares, and those who take by representation shall receive the shares to which the parent whom they represent, if living, would have been entitled.
11. No representation shall be admitted among collaterals after brothers and sisters' children.
12. Relatives of the half bloou shall take equally with those of the whole blood in the same degree ; and representatives of such relatives shall take in the same manner as the representatives of the whole blood.
13. Descendants and next of kin of the deceased, begotten before his death, but born thereafter, shall take in the same man ner as if they had been born in the lifetime of the deceased, and had survived him.
The preceding provisions respecting the uistribution of es. tates do not apply to the personal estates of married women, but their husbands may demand, recover, and enjoy the same as they are entitled by the rules of the common law.
When arlministration is granted to any person not the widow of or next of kin to a deceased person, and no one shall appear
to claim the personal estate of the deceased within two years after such letters were granted, the surplus of such estate, which would be distributed as aforesaid, shall be paid into the Treasury of the State, for the benefit of thosc who may thereafter appear to be entitled to the same.
In addition to the provisions in favor of the widow and minor children from the personal estate of her husband, it is provided, that she may tarry in the chief house of her husband forty days after his death whether her dower be sooner assigned or not, without being liable to any rent for the same, and in the mean. time she shall have her reasonable sustenance out of the estate of her husband. This sustenance is to be provided out of the personal property of the husband, and through the executor or administrator, if one be appointed prior to the expiration of the forty days, and is to be given, according to the circumstances and station in life of the family, to the widow and necessarily to the children dependent on her, for it is impossible to separate the widow from her infant children.
In providing this sustenance, the executor or administrator must exercise judgment and discretion in the same manner as in raying tuneral expenses. Thus if the estate be abundant to pay all debts without doubt, items of mourning clothing for the widow and family may be included in the charges for sustenance; while if the estate be involved, and the question should arise as against creditors, bare necessaries only could be allowed.
PARTNERSHIP is a voluntary contract of two or more persons to unite their money, effects, labor and skill, or some or all of them, as may be agreed upon, for the purpose of carrying on a specified business, wiih the understanding that both shall share the profit and loss arising from the same in certain proportions.
There may be a partnership in a single transaction as well as in a continuing business; between persons out of trade as well as in ; inasmuch as in either case there may be a combination of property or labor in order to a common undertaking and a common profit.
If one advances money, and another furnishes personal services in carrying ou a business, and is to share in the profits, it amounts to a partnership. So, if one participates in the profits and lcss of & purchase or sale, he is partner in the same.
There are tive kinds of partners, viz.: 1, Ostensible: 2, Nominal. 3, Dormant : 4, Sperial ; and 5, General.
Ostensible partners are they whose names appear to the public As partners.
Nominal partners are they who have no interest in the business, but allow their names to be used by the firm.
Dormant (or silent) partners are they who have an interest in the business, but whose names are not known to the public.
Special partners are they who are interested in the business only to the amount of capita. they have invested in it. [Special partnerships are governed altogether by statute, and can only be entered into by strictly conforming to the statute regulations of the State where the partnership is formed-each State, as a gen. eral thing, having its own regulations for this delicate kind of partnership. No prudent man should form such a parternership without consulting a sound lawyer.]
General partners consist generally of one or more partners who manage tho business, while the capital, in whole or in part, but principally in part, is supplied by a special partner or partners. General partners are liable for all the debts and contracts of the firm. A nominal partner is liable for all the debts and contracts of the firm. A special partuer is generally liable only for the amount of the capital he invests in the partnership.
Any one who permits his name to be used in a firm, or who shares in the profit of the business, is liable to creditors as a partner.
Each individual in a partnership is liable to the whole amount of the debts of the firm, whether he be active, nominal or dormant.
The acts of one partner bind all the others, when such acts are done in the usual course of business of the firm. This stands good, although they may have agreed among themselves that he shall have no such authority.
When parties have a mutual interest in the profit and loss of any business carried on by them, and when they hold themselves out to the public as joint traders, they may be held responsible As partners by third persons, whatever may be the real nature of their connection.
Articles of Copartnership. Articles of copartnership, made this 12th day of September, 1863, by and between E. D. and H. A., both of the city of Albany.
The said parties hereby agree to form and do form a co partnership, for the purpose of carrying on the general produce and commission business on the following terms and articles of agreement, to the faithful performance of which they mutually
engage and bind themselves. The style and name of the co partnership 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 sail 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 yoar, and as much oftener as either partner may desire and iu 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 hill of exchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accom: mmodation 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 or 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 forth with on his becoming in. formed of such violation.
In witness whereof the said parties have hereto set their hands and seals the day and year first above written,
E. D. (L. 6.]
LIABILITIES OF COMMON
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, thėy 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.