the gold mines of Mexico, which, for anything he knew, might be use-
ful enough, but in every article of consumption; and the time seemed
to be approaching when people would neither be allowed to eat, drink,
or wear clean linen, except upon the terms these companies thought fit
to impose. He would then ask, whether it was consistent with public
credit that matters should remain in this state? It might be worth
considering, in the event of pecuniary difficulties in which this country
might be involved, and in the event of a clashing of the interests of
these companies and those of the country at large, how far this state of
things would be allowed to continue. He would repeat, that, in the
argument (if it ever took place) upon this act of Parliament, it should
never be forgotten that there was a common law, and if the act was to
be contended to destroy the common law remedy, the question then
would be, whether such a construction was not at variance with every
sound and legal principle of justice?

INDEX.

ABATEMENT, none of action, where a plaintiff dies pending the suit, 472.
plea in, by partners, See PLEA IN ABATEMENT.

by partowners, 822.

ABROAD, partner resident. See FOREIGN COUNTRY, SUITS IN EQUITY, (3).
ACCEPTANCE, See BILL OF EXCHANGE,

of a person as partner, 5.

action lies between partners on separate, 179.

in name of firm, binds all the partners, 268, 273.

of firm taken in discharge of a separate debt, 331, et seq.

by partners, one of whom is an infant, how to be declared on, 502.
after dissolution, of bill dated before, not binding on retiring partner,
374.

by bankrupt partner, 589.

ACCOUNT,—(1) Under the Articles,
annual, 144.

waiver of by contrary practice, 145.

may be made conclusive, notwithstanding errors, ib.

but this will not cover fraud, ib.

general, on dissolution, ib.

(2) Stated,

need not be signed, to support plea of, 251.

long possession of, effect of, ib.

(3) Cash Account.

See APPROPRIATION.

current, excepted out of Statute of Limitations, where, 254.

(4) Action of, 197, n.

(5) Under Decree of a Court of Equity,

may be decreed of profits made contrary to the articles, 165.

is usually consequent upon a dissolution, 197.

and cannot generally be decreed without praying for a dissolu-
tion, 198.

but may in the case of mines, 786.

has been decreed on a bill praying for the continuance of the part-

nership, 198, n.

semble, that partner seeking, must pay money borrowed as a private

loan, into Court, 201.

but need not pay in partnership money, ib. et seq.

unless he admit himself to be indebted to that extent, 202.

or unless he has received it contrary to good faith, 204.

and there must be an admission by answer, unless the defendant

file affidavits, 205, 206.

where will be assisted by a sale of the partnership effects, 206. See

SALE.

under decree for, Master may generally examine parties, 211.

ACCOUNT (continued).

how examination of parties conducted, 211.

parties must generally produce books, ib.

must be taken according to the method prescribed by the articles, 212.
from what time will be reckoned, 213.

must be taken according to Clayton's case, where, 213.

what necessary to be considered in taking, 214.

what may be considered subject of sale and, 214 et seq.

real and moveable property, ib.

goodwill, 215.

outstanding contracts, &c., 219.

by remaining partners continuing to trade with the partnership effects,

221.

by surviving partners, i.

by solvent partners, ib.

between solvent partners and assignees, must be settled on the footing
of the respective shares, though, at the bankruptcy, the
proportion of the shares was altered by advances, 222.
on death of a partner, may be taken in a suit for the administration
of the effects of one, 227.

must be rendered by executor partner of his debt, 228.
must include allowances fixed by agreement, ib., 229.

whether may include an allowance for treating customers, quære, ib.
may, after inquiry directed, include allowance for specific loss, 230.
how far may include interest. See INTEREST.

of profits of mine, 783.

ACKNOWLEDGMENT, of one partner binding on firm, 282.
ACT OF BANKRUPTCY, what is, 574.

notice of, committed by one partner, sufficient to invalidate a pay-
ment made by that partner, 589.

of one partner, does not avoid the bonâ fide acts of solvent partner,

582.

notice of, to creditor, does not prevent his receiving payment from
solvent partner, in what cases, ib. et seq.

over-reaches a subsequent execution on the partnership effects, where,

590.

ACT OF PARLIAMENT, to enable companies to sue and be sued, &c., 769, 771.
expenses of obtaining, for company, 757.

ACTION, right of, survives, 82.

ACTION BETWEEN PARTNERS, See COVENANT; ASSUMPSit; Debt.
lies for money wrongfully carried to partnership account, 177.

lies on separate acceptance, 179.

for contribution of damages, 191.

whether, in any case, by a shareholder against a director, on a bill of
exchange, 757, 758.

ACTIONS BY PARTNERS, and see JOINT ACTION.

(1) Generally—in what cases the power of bringing, not co-extensive
with that of individuals, 457.

where there are two firms and a common member, ib.

where the injury arises from fraud committed by the defendant
jointly with one of the plaintiffs, ib., 458.

where the contract made by one partner only, without the know-
ledge of his copartners, is illegal, 459.

may be brought here, though they could not abroad, 460.

(2) Parties-Actions ex contractu,

must be brought generally, by all who were partners at the time of

contract, 461.

covenantees, 462.

joint-owners of a fund, 461, n.

payees, 462.

ACTIONS BY PARTNERS (continued).

but by such only as were partners at time of contract, ib.

therefore not incoming partner, unless the old contract be extin-
guished, ib.

and where contract in writing, by such only as were parties to the

contract, 463.

always in deeds, ib.

generally in unsealed contracts,

as bills of exchange, 465.

with exceptions-

guarantie, ib.

policy of insurance, ib.

bill indorsed in blank, 466.

where partner admitted as from a previous day, ib.

where contract is severed, 467.

where one possesses an office, 468.

by dormant partner, ib.

nominal partner, 470.

infant partner, ib.

solvent partner, 471.

surviving partner, ib.

does not abate by death pending the action, 472.

how defect of parties is remedied, ib.

how misjoinder of parties remedied, ib.

(3) Parties—Actions ex delicto,

ought to be brought by all jointly on joint damage, 473.
or by part jointly, where part are jointly damaged, ib.

on death of one must be brought by surviving partner, 474.

no nonsuit in, for defect of plaintiffs, ib.

except where the action is substantially founded in contract,
ib.

where may be brought severally, by each partner, ib.

(4). Declaration,-declaration in, how should describe plaintiffs, 475.
joint interest in, should appear in the declaration, 476.

declaration in, to recover the amount of goods, should state the goods
as of the partnership, ib.

on policies of insurance, declaration in, 476 et seq.

for libel, declaration in, 478.

(5) Pleas in Bar—defendant may plead in bar—

all matters in confession and avoidance, 479.
illegality of partnership, 480.

that the promises were made jointly by plaintiff and defendant,
ib.

bankruptcy of a co-plaintiff, ib.

release by one partner, ib.

tender to one partner, 481.
Statute of Limitations, ib.

(6) Evidence-See EVIDENCE, (I).

ACTIONS AGAINST PARTNERS,

(1) Process. See PROCESS, OUTLAWRY, DISTRINGAS.

(2) Parties-Actions ex contractu,

all must be made defendants to, who were partners at the time of the
contract, 496.

but the omission of a co-defendant to, can only be taken advantage of
by plea in abatement, ib.

unless the defect appear on some pleading of the plaintiff'; when

defendant may-

demur, ib.

move in arrest of judgment, ib.

sustain a writ of error, ib.

ACTIONS AGAINST PARTNERS (continued).

plaintiff in, may give evidence of a joint contract by all, though some
only are made defendants, where no plea in abatement, 498.
cannot, however, in such case set forth the joint contract by all,
in the declaration, 499.

if he do, it is error, ib.

whether the joint contract will appear on the declaration by
omitting to shew that a contractor is dead, 499, 500.
will not appear by omitting to state that he sealed, 500.
non-joinder of dormant partner as defendant to, cannot generally be

pleaded in abatement, ib.

where dormant partner should be defendant to, and where not, 501.
may be brought against dormant partner only, ib.

ought not to be brought against a partner who was an infant at the
time of the contract, ib., 502.

nor against bankrupt partner who has obtained certificate, 502.
against the surviving partners, after death of one, 503.
against the executors of last surviving partner, ib.

against those who appear after the outlawry of the others, ib.
misjoinder of defendants to, how to be taken advantage of, ib.
(3) Parties Actions ex delicto,

may be brought against all or any of the partners, 505.

and no advantage can be taken by plea in abatement, ib.
secus as to actions involving real property, 506.
misjoinder of defendants to, how to be taken advantage of, ib.
(4) Parties-Actions ex quasi contractu,

against what parties to be brought in the case of carriers, 507.

if declaration states a special contract, plea in abatement al-
lowed, 508.

if no contract stated, any of the contractors may be sued, 509.
in case of land-carriers; this provided for by statute, ib.

against what parties generally, 511.

(5) Declaration-declaration in, must be joint upon joint process, where
bailable, 512. See PROCESS.

may include demands against defendant as surviving partner,

and as solely liable, 513.

need not describe the survivor as such, ib.

how should state the outlawry of one partner, 514.

what counts may be joined in, where one partner has become
bankrupt, ib.

(6) Pleas in Abatement. See PLEA IN ABATEMENT.

(7) Pleas in Bar. Special plea to, frequently necessary, 519, 520.
release may be pleaded to, whether actions of debt on bond, or as-
sumpsit, 520, 521.

covenant not to sue, cannot be pleaded as release to, 521.

plea of payment to, ib.

tender, 522.

former recovery, ib.

set-off. See SET-OFF.

infancy, 526.

bankruptcy, 527.

when generally under the statute, ib.
when specially, ib.

when puis darrein continuance, ib.

for joint tort, release to one, good plea in bar, ib.
may be discharged by nolle prosequi, where, ib.
defence to, may be severed, 528.

ADJUDICATION, of bankrupt under joint fiat, 689.

ADMINISTRATION, suit for, of one partner's estate, copartners may prove
their debts in, 227.