tute, and appoint (name of attorney), my true and lawful attorney, for me and in my name, place, and stead to (here describe the thing to be done), giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do or cause to be done by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day of in the year one thousand eight hun

dred and

Executed and delivered in the presence of

(162.)

(Signature.)

(Seal.

FULL POWER OF ATTORNEY TO DEMAND AND RECOVER DEBTS. KNOW ALL MEN BY THESE PRESENTS, That I (name of principal), have constituted, ordained, and made, and in my stead and place put, and by these presents do constitute, ordain, and make, and in my stead and place put (name of attorney), to be my true, sufficient, and lawful attorney, for me and in my name and stead, and to my use, to ask, demand, levy, require, recover, and receive, of and from all and every person or persons whomsoever the same shall or may concern, all and singular sum and sums of money, debts, goods, wares, merchandise, effects, and things, whatsoever and wheresoever they shall and may be found due, owing, payable, belonging, and coming unto me the constituent, by any ways and means whatsoever.

GIVING AND HEREBY GRANTING unto my said attorney full and whole strength, power, and authority in and about the premises; and to take and use all due means, course, and process in the law for the obtaining and recovering the same, and of recoveries and receipts thereof; and in my name to make, seal, and execute due acquittance and discharge; and for the premises to appear, and the person of me the constituent to represent, before any governor, judges, justices, officers, and ministers of the law whatsoever, in any court or courts of judicature, and there on my behalf to answer, defend, and reply unto all actions, causes, matters, and things whatsoever relating to the premises. Also to submit any matter in dispute to arbitration or otherwise, with full power to make and substitute one or more attorneys and my said attorney, and the same again at pleasure to revoke. And generally to say, do, act, transact, determine, accomplish, and finish all matters and things whatsoever relating to the premises, as fully, amply, and effectually, to all intents and purposes, as I the said constituent, if present, ought or might personally, although the matter should require more special authority than is herein comprised, I the said constituent ratifying, allowing, and holding firm and valid, all and whatsoever my said attorney or his substitutes shall lawfully do, or cause to be done, in and about the premises, by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this in the year of our Lord one thousand eight

hundred and

day of

(Signature.)

Signed, sealed, and delivered in presence of us,

(Seal.)

(163.)

POWER OF ATTORNEY TO SELL AND DELIVER CHATTELS.

KNOW ALL MEN BY THESE PRESENTS, That I, the undersigned, for value received, do hereby irrevocably constitute and appoint

to be

my true and lawful attorney, for me and in my name and behalf to sell, transfer, and deliver unto or any other person or persons (here describe the things to be sold). And further, one or more persons under him to substitute with like power.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this

for value

KNOW ALL MEN BY THESE PRESENTS, That I received, have bargained, sold, assigned, and transferred, and by these presents do bargain, sell, assign, and transfer, unto (name of the buyer), the following articles, namely (describe the articles); and I do hereby constitute and appoint the said (the buyer) my true and lawful attorney irrevocable, for me and in my name and stead, but to my use, to sell, assign, transfer, and set over all or any part of the said (the goods), and for that purpose to make and execute all necessary acts of assignment and transfer, and one or more persons to substitute with like full power, hereby ratifying and confirming all that my said attorney or his substitute or substitutes shall lawfully do by virtue hereof.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, the day of one thousand eight hundred and

Signed, sealed, and delivered in presence of

(165.)

(Signature.) (Seal.)

POWER OF ATTORNEY TO SELL SHARES OF STOCK, WITH APPOINTMENT BY ATTORNEY OF SUBSTITUTE.

KNOW ALL MEN BY THESE PRESENTS, That, for value received, I (name of the principal), of do hereby make, constitute, and appoint irrevocably, my true and lawful attorney (with power of sub

stitution), for and in my name and on my behalf, to sell, assign, and transfer unto (name of buyer), share now standing in my name

in the capital or joint stock of the

And my said attorney is

hereby fully empowered to make and pass all necessary acts for the said assignment and transfer.

WITNESS my hand and seal,

186

(Signature.) (Seal.)

Signed, sealed, and delivered in the presence of

FOR VALUE RECEIVED, I appoint, irrevocably (name of the substitute), &♫ my substitute, with all the powers above given to me.

KNOW ALL MEN BY THESE PRESENTS, That I, the undersigned, do hereby irrevocably constitute and appoint

to be my true and

lawful attorney, for me and in my name and behalf to subscribe for shares in the capital stock of the

one or more persons under him to substitute with like power.

And further,

IN WITNESS WHEREOF, I have hereunto set my hand and seal, th's

KNOW ALL MEN BY THESE PRESENTS, That I (name of the principal), of

do hereby appoint

for me and in my name and behalf to vote

to be my substitute and proxy

at any election of directors or

other officers, and at any meeting of the stockholders of said company, as fully as I might or could were I personally present.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this

day of

(Witnesses present.)

PROXY, REVOKING ALL PREVIOUS PROXIES.

KNOW ALL MEN BY THESE PRESENTS, That I, the undersigned, stockholder in the (name of the company), do hereby appoint

my

true and lawful attorney, with power of substitution, for me and in my name to vote at the meeting of the stockholders in said company, to be

held at

or at any adjournment thereof, with all the powers I should possess if personally present, hereby revoking all previous proxies.

18

(Witness.)

(169.)

(Signature.)

PROXY, WITH AFFIDAVIT OF OWNERSHIP, IN USE IN NEW YORK.

KNOW ALL MEN BY THESE PRESENTS, That I,

constitute and appoint

do hereby

my attorney and agent, for me and in

my name, place, and stead to vote as my proxy at any election of directors of the according to the number of votes I should be entitled to vote if then personally present.

IN WITNESS WHEREOF, I have hereto set my hand and seal, this one thousand eight hundred and

day of

Signed, sealed, and delivered in presence of

(Signature.)

(Seal.)

I do swear (or affirm) that the shares on which my attorney and agent in the above proxy is authorized to vote do not belong, and are not hypothecated, to the said company, and that they are not hypothecated or pledged to any other corporation or person whatever; that such shares have not been transferred to me for the purpose of enabling me to vote thereon at the ensuing election, and that I have not contracted to sell or transfer them upon any condition, agreement, or understanding in relation to my manner of voting at the said election.

(Signature.)

of the company) the dividend now due to me on all stock standing to my name on the books of the said company, and receipt for the same; hereby ratifying and confirming all that may lawfully be done in the premises by virtue hereof.

CHAPTER XX.

PARTNERSHIP.

SECTION I.

WHAT A PARTNERSHIP IS.

When two or more persons combine their property, labor, or skill, for the transaction of business for their common profit, they enter into partnership. Sometimes the word "firm" is used as synonymous with partnership; sometimes, however, it means only the copartnership name.

A single joint transaction, out of which, considered by itself, neither profit nor loss arises, will not create a partnership. If a joint purchase be made, and each party then takes his distinct and several share of the goods, this is no partnership.

Any persons competent to transact business on their own account may enter into partnership for that purpose.

SECTION II.

HOW A PARTNERSHIP MAY BE FORMED.

No especial form or manner is necessary. It may be by oral agreement, or by a written agreement, which may have a seal or not. But the liability and authority of the partners begin with the actual formation of the partnership, and do not wait for the execu tion of any articles. In general, if there be an agreement to enter into business, or into some particular transaction, together, and share the profits and losses, this constitutes a partnership, which is just as extensive as the business proposed to be done, and not more so. The parties may agree to share the profits in what proportion they choose; but in the absence of any agreement, the law presumes equal shares.

They may agree as to any way of dividing the losses, or even that one or more partners alone shall sustain them all, without loss to the rest. And this agreement is valid as between themselves; but it will not protect those partners who were to sustain no loss from responsibility to third parties, unless the third parties knew of this agreement between the partners, and gave credit accordingly.