seal, any and all deeds, leases, mortgages and other written instruments which may at any time be necessary or proper to carry into effect the powers hereinbefore granted."

(86.)

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 rely upon 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 under 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 constitutent 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, etc.

(87.)

Power of Attorney to Sell Lands.

Know all Men by these Presents, That I, the undersigned of the selling party) of the town (or city) of —

(name

County of

and State of

, have this day made, constituted, and appointed, and

do by these presents make, constitute, and appoint torney) of the town (or city) of —————————, in the County of

(name of at

and State of

my true and lawful attorney, for me and in my name to sell and dispose of, absolutely, in fee-simple, the following described lot,

tract, or parcel of land, or any part thereof, situate, lying, and being in the County of and State aforesaid, to wit (here describe the land or premises granted) for such price or sum of money, and to such person or persons as he, shall think fit and convenient; and also for me and in my name, and as my act and deed, to sign, seal, execute, acknowledge, and deliver such deed or deeds, and conveyance or conveyances, for the absolute sale and disposal thereof, or of any part thereof, with such clause or clauses, covenant or covenants, and agreement or agreements, to be therein contained, as my said attorney shall think fit and expedient; hereby ratifying and confirming all such deeds, conveyances, bargains, and sales which shall at any time hereafter be made by said attorney touching or concerning the premises.

In Testimony Whereof, I have hereunto set my hand and seal, on this day of

A. D. 19.

(88.)

(Signatures.) (Seals.)

Power of Attorney to Sell and Deliver Chattels.

Know all Men by these Presents, That I, the undersigned, for value received, do hereby make, 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, etc.

(89.)

Power of Attorney Given by Seller to Buyer.

Know all Men by these Presents, That I

for value received, have

bargained, sold, assigned, and transferred, and by these presents do bargain,

sell, assign, and transfer, unto articles, namely,

and appoint the said

(name of the buyer) the following (describe the articles) and I do hereby constitute (the buyer) my true and lawful attorney

irrevocable, for me and in my name and stead, but to his 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, etc.

(90.)

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 substitution), for and

in my name and on my behalf, to sell, assign, and transfer unto (name of buyer) shares 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.

In Witness, etc.

For value received, I appoint, irrevocably, (name of the substitute) as my substitute, with all the powers above given to me.

In Witness, etc.

(91.)

Power of Attorney to Subscribe for Stock.

Know all Men by these Presents, That I, the undersigned, do hereby irrevocably constitute and appoint to be my true and lawful at

torney, for me and in my name and behalf to subscribe for
in the capital stock of the
him to substitute with like power.

shares And further, one or more persons under

In Witness, etc.

(92.)

Proxy, or Power of Attorney to Vote.

(name of the principal) to be my substitute and proxy for me,

Know all Men by these Presents, That I

of

do hereby appoint

and in my name and behalf to vote at any election of directors or other officers, and at any meeting of the stockholders of the might or could were I personally present.

as fully as I

In Witness, etc.

(93.)

Proxy, Revoking All Previous Proxies.

my true

Know all Men by these Presents, That I, the undersigned, stockholder in the (name of the company) do hereby appoint 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.

Proxy, with Affidavit of Ownership, in Use in New York. Know all Men by these Presents, That I,

and appoint

do hereby constitute

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 per

sonally present.

In Witness, etc.

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.

of

to receive from the

do author(name of

Know all Men by these Presents, That I, ize, constitute, and appoint 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.

In Witness, etc.

CHAPTER XVII.

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, and no others.

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 execution 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. If A, B, & C, being partners, agree that A should not lose anything by their business, and a person knowing this bargain dealt with the firm on the credit of B & C, he could not call on A. But an agreement exempting partners from loss generally, or from loss beyond the amount invested, will only operate between the partners, unless it can be shown that the third party not only knew the agreement, but contracted with the firm on the basis of this agreement. And, generally, stipulations in articles of copartnership limiting the power of a partner are not binding on third parties who are ignorant of them. Each partner is absolutely responsible to every creditor of the copartnership for the whole amount of the debt; and if thereby obliged to suffer loss, his only remedy is against the other part

ners.

Although partners may agree and provide as they will in their articles, a long neglect of these provisions will be regarded as a mutual waiver of them.

Persons may be liable as partners to third parties or strangers, who are not partners as between themselves. Whether they are partners as to each other would generally be determined by the