242 SUGGESTIONS RELATING TO PARTNERSHIP. the constitution of the United States; and I now renounce and relinquish any title or order of nobility to which I am now or may hereafter be entitled; and I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty whatever, and particularly to Victoria, Queen of Great Britain and Ireland, of whom before I was a subject (or citizen): And I do also swear (or affirm) that it is really my intention, and has been for the last three years, to become a citizen of the United States. SAUNDERS MCCARTY. Sworn (or affirmed) in open court this first day of April, A. D. 1898. ALISON M. BARBER, Clerk. PARTNERSHIP. N agreement between two or more persons to invest their labor, time and means together, sharing in the loss or profit that may arise from such investment, is termed a partnership. This partnership may consist in the contribution of skill, extra labor, or acknowledged reputation upon the part of one partner, while the other, or others, contribute money, each sharing equally, or in fixed proportion, in the profits. Or an equal amount of time, labor and money may be invested by the partners and the profits equally divided; the test of partnership being the joint participation in profit and joint liability to loss. A partnership formed without limitation is termed a general partnership. An agreement entered into for the performance of only a particular work, is termed a special partnership; while the partner putting in a limited amount of capital, upon which he receives a corresponding amount of profit, and is held correspondingly responsible for the contracts of the firm, is termed a special partner. The conditions of such a partnership, are regulated by law in different States. Negotiable paper of the firm, even though given on private account by one of the partners, will hold all the partners of the firm when it passes into the hands of holders who were ignorant of the facts attending its creation. Partnership effects may be bought and sold by a partner; he may make contracts; may receive money; endorse, draw and accept bills and notes; and while this may be for his own private account, if it apparently be for the use of the firm, his | partners will be bound by his action, provided the parties dealing with him were ignorant of the transaction being on his private account; and thus representation or misrepresentation of a partner having relation to business of the firm, will bind the members in the partnership. An individual lending his name to a firm, as partner or allowing the same to be used after he has withdrawn from the same, is still responsible to third persons as a partner. A partnership is presumed to commence at the time articles of copartnership are drawn, if no stipulation is made to the contrary, and the same can be discontinued at any time, unless a specified period of partnership is designated in the agreement; and even then he may withdraw by giving previous notice of such withdrawal from the same, being liable, however, in damages, if such are caused by his withdrawal. Should it be desired that the executors and representatives of the partner continue the business in the event of his death, it should be so specified in the articles, otherwise the partnership ceases at death. Should adminstrators and executors continue the business under such circumstances, they are personally responsible for the debts contracted by the firm. If it is desired that a majority of the partners in a firm have the privilege of closing the affairs of the company, or in any way regulating the same, such fact should be designated in the agreement; otherwise such right will not be presumed. Partners may mutually agree to dissolve a partnership, or a dissolution may be effected by FORM OF PARTNERSHIP AGREEMENT AND NOTICE OF DISSOLUTION. a decree of a court of equity. Dissolute conduct, dishonesty, habits calculated to imperil the business of a firm, incapacity, or the necessity of partnership no longer continuing, shall be deemed sufficient causes to invoke the law in securing a dissolution of partnership, in case the same cannot be effected by mutual agreement. 243 notice of the same should be given in the most public newspapers, and a notice likewise should be sent to every person having special dealings with the firm. These precautions not being taken, each partner continues liable for the acts of the others to those persons pecuniarily interested who have no knowledge of the dissolution and have After dissolution of certain kinds of partnership, had previous dealings with the firm. Form of Partnership Agreement. THIS AGREEMENT made this tenth day of June, A. D. one thousand eight hundred and ninety-eight, between Charles R. Field, of Salem, Washington county, New York, of the one part, and David G. Hobart, of the same place, of the other part, witnesseth: The said parties agree to associate themselves as copartners, for a period of five years from this date, in the business of buying and selling hardware and such other goods and commodities as belong in that line of trade; the name and style of the firm to be "Field & Hobart." For the purpose of conducting the business of the above-named partnership, Charles R. Field has, at the date of this writing, invested Five Thousand Dollars as capital stock, and the said David G. Hobart has paid in the like sum of Five Thousand Dollars, both of which amounts are to be expended and used in common, for the mutual advantage of the parties hereto, in the management of their business. It is bereby also agreed by both parties hereto, that they will not, while associated as copartners, follow any avocation or trade to their own private advantage; but will, throughout the entire period of copartnership, put forth their utmost and best efforts for their mutual advantage and the increase of the capital stock. That the details of the business may be thoroughly understood by each, it is agreed that during the aforesaid period accurate and full book-accounts shall be kept, wherein each partner shall record, or cause to be entered and recorded, full mention of all moneys received and expended, as well as every article purchased and sold belonging to, or in any wise appertaining to such partnership; the gains, profits, expenditures and losses being equally divided between them. It is further agreed, that once every year or oftener, should either party desire, a full, just and accurate exhibit shall be made to each other, or to their executors, administrators, or representatives, of the losses, receipts, profits and increase made by reason of, or arising from such copartnership. And after such exhibit is made, the surplus profit, if such there be resulting from the business, shall be divided between the subscribing partners, share and share alike. Either party here to shall be allowed to draw a sum, the first year, not exceeding Six Hundred Dollars per annum, from the capital stock of the firm, in monthly installments of Fifty Dollars each; which amount may be increased by subsequent agreement. And further, should either partner desire, or should death of either of the parties, or other reasons, make it necessary, they, the said copartners, will each to the other, or, in case of either, the surviving party to the executors or administrators of the party deceased, make a full, accurate and final account of the condition of the partnership as aforesaid, and will, fairly and accurately, adjust the same. And also, upon taking an inventory of said capital stock, with increase and profit thereon, which shall appear or is found to be remaining, all such remainder shall be equally apportioned and divided between them, the said copartners, their executors or administrators, share and share alike. It is also agreed that in case of a misunderstanding arising with the partners hereto, which cannot be settled between themselves, such difference of opinion shall be settled by arbitration, upon the following conditions, to wit: Each party to choose one arbitrator, which two thus elected shall choose a third; the three thus chosen to determine the merits of the case, and arrange the basis of a settle 244 THE FORM OF PASSPORT REQUIRED BY UNITED STATES CITIZENS abroad. PASSPORTS. ASSPORTS are written permits, furnished for $1.00 each, to citizens of this country to travel unmolested in European or other dominions, virtually commending them to the protection of the foreign governments which they may visit. The Secretary of State of the United States at Washington, is alone authorized to grant and issue passports; but the ministers and other diplomatic representatives of our government abroad may also grant, issue and verify passports. None but citizens of the United States can receive passports, and they are only issued under such rules as the President of the United States prescribes. The unlawful granting or verifying of a passport by any officer of the United States subjects him to punishment by fine or imprisonment. Collectors of customs may also issue passports to United States vessels visiting foreign ports, and the master of the vessel is punished if he sails from an American port to a foreign country without one. The name, age and residence of the individual applying for a passport, with a description of his person and appearance, are entered in it, for the purpose of properly identifying him. Though passports possess less importance now than formerly, it is well for the traveler abroad to always procure one before commencing a foreign journey. Passports are engraved and printed, in large letters and open lines, on parchment. The following is the form: Form of Passport for Citizen of the United States when Traveling Abroad No. 12567. UNITED STATES OF AMERICA, DEPARTMENT OF To all to whom these presents shall come, greeting: The unde STATE. undersigned, Secretary of State of the United States of Amerion, hereby requests all whom it may concern to permit George William Smith, a ciüzen of the United States, safely and freely to pass, and in case lawful Aid and Protection. Given under State Department Stamp, 0000 my of need to give him atk hand and the Seal of the Department of State, at the City of Washington, the nineteenth day of July, in the year 1898. and of the Independence of the Vonited States the hun. one hun died and twenty third. Jas. G. Blaine, Secretary. OUTLINE OF THE LAW RELATING TO PATENTS. 245 B PATENTS. P ATENTS are granted in the United States, giving the exclusive right to the inventor, his heirs and assigns, to make, use and sell the invention or discovery throughout the United States and the Territories thereof for a term of seventeen years. Before any inventor or discoverer can receive a patent he must make a written application for it, addressed to the commissioner of patents, and file in the patent-office a written description of his invention or discovery, giving details of its various parts, the materials used, how constructed or compounded, the manner of operating it, and the results proposed to be accomplished by its use; all expressed in such full, clear, concise and exact language that any person, familiar with the art or science which the invention is designed to benefit or illustrate, may be enabled to make, construct, compound and use it. If it is a machine, the principle on which it performs its work must be explained, as well as the best methods of applying it to the objects of the invention. This is required to distinguish it from other machines. Every part, improvement or combination of the invention which the applicant claims as original with himself, must be particularly pointed out. applicant must furnish one copy of each drawing, signed by the inventor or his attorney in fact, with two witnesses. This copy is filed in the patentoffice, and the government officials attach another copy to the patent as a part of the specifications. If the article to be patented is compounded of several ingredients, specimens of the materials used in making it, and of the whole composition, must be forwarded with the application, in such quantities that experiments can be made according to the specifications by the official examiners. Where a machine for which a patent is asked can be illustrated by a working model thereof, the commissioner may require the applicant to furnish such model, in order to show how all parts of the invention are to be operated. The model must not exceed one square foot in size. An applicant for a patent-right must swear (or affirm) that he is, or believes himself to be the first, or original, inventor or discoverer of the art, machine, manufacture, composition or improvement which he desires to patent; that he does not know, and does not believe, that the same was ever before known or used; and must tell of what country he is a citizen. This affidavit may be made before any person authorized to administer oaths in the United States; or, if the The specifications must be signed by the applicant is a resident of a foreign government, inventor and be attested by two witnesses. When the character of the application requires drawings of machinery, or parts thereof, the Application for a Patent. To the Commissioner of Patents, Washington, D. C. : The petition of Joel Rice, of Florence, in the county of Erie, and State of Ohio, respectfully represents: That your petitioner has invented a new and improved mode of creating steam-power for the operation of machinery, propulsion of vehicles on common roads, and of all kinds of crafts upon navigable waters, which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters-patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the acts of Congress in that case made and provided: he having paid Fifteen he may take this oath before an American minister, consul or a notary public of the foreign country where he resides. Dollars into the treasury, and complied with the other provisions of the said acts. JOEL RICE. Form of Specifications for a New Method of Creating SteamPower. BE IT KNOWN, that I, Joel Rice, of Florence, in the county of Erie, and State of Ohio, have invented a new and useful machine for the purpose of creating steam-power for the operating of machinery. the propulsion of vehicles on common roads, and of all kinds of crafts upon navigable waters; and I do hereby declare that the following is a full, clear and exact description of the construction and operation of the same; reference being had to the annexed drawings, 246 FORM OF PETITION WHEN APPLYING FOR CAVEAT OR PATENT. making a part of this specification, in which figure one is a general view, in perspective, of the complete machine attached to an ordinary steam engine; figure two is an ordinary fire-arch, surmounted by a semi-globular iron kettle, with a flat, iron top, closely fitted to the entire upper rim of the kettle, and fastened tightly down thereto by four separate hasps attached to said cover, staples and keys, all of iron, as shown in the working model accompanying this application; figure three is an iron pipe (a) three-fourths of an inch in diameter, the upper end of which passes diagonally into the lower part of the right side of the kettle, and the other end is attached to a tank of water (b) placed upon a standard (c) above the top of the kettle and one side thereof, so that by a hydraulic pressure, regulated by an automatic valve (d) within said pipe, and a small syphon (e) extending from the tank to said pipe outside of said kettle, a supply of water equal to half a gill is ejected into the kettle through the pipe every thirty seconds; figure four is a pipe (f) of similar size and construction, passing directly from the inside of the kettle, outwardly, to the steam-chest of the engine, for the purpose of convey. ing steam from the kettle to the engine as a motive power for the propulsion of said engine. What I claim as my invention and discovery, and desire to secure by letters-patent, is the production of superheated steam by the injection of half a gill of cold water, every thirty seconds, into the red-hot kettle, and the passage of the superheated steam directly to the engine to supply it with power, to perform any work that any steam-engine may perform, increasing the ordinary force of common steam from two to fifteen-horse power by my invention, and the use of superheated steam created by the process above described. I also claim the right to patent, as my discovery and method of application, the use of superheated steam as a motor in the propulsion of all machinery to which it can be applied by ordinary steam-engines. STATE OF OHIO, 88. County of Erie, ( On this tenth day of July, 1898, before me, the subscriber, a notary public, appeared the within-named Joel Rice, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for creating and applying superheated steam as a propelling power to ordinary steam-engines, and the propulsion of all kinds of machinery; and that he does not know or believe the same was ever before known or used; and that he is a citizen of the United States. EBEN TATTERSALL, Notary Public. NOTARIAL SEAL. Petition for a Patent with Power of Attorney. To the Commissioner of Patents: Your petitioner, a resident of the city of Raleigh, in the State of North Carolina, requests that letters-patent may be granted to him for the invention set forth in the annexed specification; and he hereby appoints Charles S. Dixon, of the city of Charleston, in the State of South Carolina, his attorney, with full power of substitution and revocation, to prosecute this application, to make alterations and amendments therein, to receive the patent and to transact all business in the patent-office connected therewith. Signed at Charleston, in the State of South Carolina, this seventeenth day of October, 1898. ELLIOTT WELLS. Petition for a Patent for a Design. To the Commissioner of Patents: Your petitioner, residing in Noel county, South Carolina, requests that letters-patent may be granted to him for the term of seven years for the new and original design set forth in the annexed specification GEORGE S. STEELE. Here follow the specifications of the design (for emblems of civic or military societies, carpets, home ornaments, etc.), carefully described in detail, and ending: "What I claim as my invention, and desire to secure by letters-patent, is the design or pattern for (naming the article) herein set forth." Petition for the Registration of a Trade-Mark. To the Commissioner of Patents: Your petitioners respectfully represent that the firm of Lancaster, Berkshire & Kent is engaged in the packing of pork, for European markets, at the city of St. Louis, in the county of St. Louis, and the State of Missouri, and at the city of Cincinnati, in the county of Hamilton, and State of Ohio, and that the said firm is entitled to the exclusive use, upon the packages of the goods that they sell, of the trade-mark described in the annexed statement or specification, as shown more clearly in the accompanying specimen of said trademark. They therefore request that they may be permitted to obtain protection for such trade-mark under the law in such cases made and provided. LANCASTER, BERKSHIRE & KENT, By J. B. LANCASTER. Transfer of a Trade-Mark. We, J. B. Lancaster, Robert Berkshire and L. W. Kent, of the city and county of St. Louis, in the State of Missouri, and the city of Cincinnati, county of Hamilton, and State of Onio, partners, under the firm-name of Lancaster, Berkshire & Kent, in consideration of Six Hundred Dollars to us paid by Roswell Jones, of the city and county of St. Louis, in the State of Missouri, do hereby sell, assign and transfer to the said Roswell Jones and his assigns the exclusive right to use, in the business of packing pork for exportation, a certain trade-mark for packages of pork, deposited by us in the United States patent-office, and recorded therein January 15, 1895; the same to be held, enjoyed and used by the said Roswell Jones as fully and entirely as the same would have been held and enjoyed by us if this grant had not been made. Witness our hands this fifteenth day of January, 1898. J. B. LANCASTER, ROBERT BERKSHIRE, L. W. KENT. Petition for a Caveat. To the Commissioner of Patents: That he has made certain improvements in the sawing of lumber with upright and circular saws, and that he is now engaged in testing the same, preparatory to applying for letters-patent therefor. He therefore requests that the subjoined description of his invention may be filed as a caveat in the confidential archives of the patentoffice. MICHAEL HARRIS. [Here follows the specification, in which the invention is clearly and fully explained.] License to Use a Patent by Paying a Royalty Thereon. THIS AGREEMENT, made this sixteenth day of January, A. D. 1898, between John L. Palmer, of Knoxville, in the county of Knox, and State of Tennessee, party of the first part, and Jerome I. Case, of the city of Racine, in the county of Racine, and State of Wisconsin, party of the second part: WITNESSETH, That whereas letters patent of the United States for an improvement in the grain-separators of thrashing-machines were granted to the said party of the first part, November 6, A. D. 1896; and whereas the party of the second part is desirous of making thrashing-machines containing said patented improvement: Now, therefore, the parties hereto have agreed as follows: |