788 



PAHTRIDOE 



of the deceased has been u-i-d by the lit in after his 

 death. The admissions of a partner bind the linn, 

 and notice of any fad to a partner is nlso notice to 

 the linn, except in tin- case of a fraud upon the 

 linn. A new partner docs not Wonte liable, nor 

 does a retiring partner cease to be liable, to existing 

 creditors. Hut the consent of cnslit.ii> to discharge 

 a retiring partner, or to accept the new linn as the 

 inly debtor, is easily presumed from a course of 

 commercial dealing. Continuing giiai-ntei- or 

 cautionary obligations are revoked its to future 

 transactions liy any change in the constitution of 

 tin- him which is debtor or creditor in the obli'_'a- 

 tion. Unless the contrary appeal-*, pro|-ity Ix.ught 

 with the money of the linn is held to have IK-CII 

 Imught on account of the linn. Heritable propeity 

 liought for the linn is treated as movable between 

 partners. Unless otherwise agreed, all partners are 

 entitled to share equally in profits and capital, and 

 must contribute equally to losses. The him must 

 indemnity CM-IV partner in iv-peet of printer pay- 

 in. -in- made and liabilities nndei taken by him. If 

 a partner advances capital beyond his share, he is 

 entitled to interest at > per cent. Kverv partner 



may take part in manage nt. but no partner is 



entitled to remuneration for so fining. 



No new partner may In- Introduced without the 

 consent of all the other partners. The majority of 

 partners cannot expel a partner. Every |irtner 

 lias access to the linn boon. If no time has been 

 fixed for tin- duia'ion of the linn, any partner may 

 at any time di-solvc it by notice to ids copartneis. 

 If the pai I net- go on trading after the time lixed for 

 di-solution they are tin-siimcd to do so under their 

 former agreement so far as that may lie applied to a 

 partner-hip at will. Kverv partner must account 

 to the linn for any benefit ileiived by him from any 

 partnership tian-adion, or any use of partnership 

 property or business connection. The same rule 

 applies if without consent a partner carries fin a 

 separate business eOMpatfag with the firm. An 

 assignation by a partner to his creditor of a share 

 in the business does not entitle the creditor to 

 ins|tect Imoks.or to rci|iiirc account*, or to interfere 

 in management, but merely to receive share of 

 profits, or to receive the value, of the share- when 

 realised on dissolution. Apart from agreement, 

 partneiship is dissolved by the death or luuik- 

 rilptcy of any partner, or by the business In-com- 

 ing unlawful, l-'urther, the court may decree a 



lution (I) where partner is of permanently 

 un-otind mind : ('J) when partner liecomes per 

 maneiitly incapable of performing hi- duties; (3) 



when partner's i luet prejudicially allects the 



carrying on business ; (4) when partner persistently 

 breaks the agn-einent, or s,, conduct* hiniseif 

 that it is not reasonably practicable for the other 

 partners to act with him; (',} when the bu-ines, 

 can only be carried tin at a Ions. A |M-rson dealing 

 with a linn after change in its constitution is en tit led 

 to licat all it/ii"!!, n' iiiembeis of the lirm as still 

 |nrtncn until lie reci-ives notice of the change. 

 A retiring partner, not known to ) a partner, is 



liable for debts contracted after his retirement. 

 After dissolution the authority of partners to bind 

 the lirm continues tut far as necessary for a proper 

 winding up vi/. in having the property of the 

 l>:trliiet-lijp niiplied to nay ment of the debts anil 

 liabilities of the lirm, and tlie surplus assets applied 

 in iiaynicnt of what is due to the paitncr- after 

 deducting what is due by the pattners to the 

 lirm. If after a pin t tier's dent h or retiiement the 

 other partners carry on oiisiiic-s \\ it bout any settle. 

 ment of account-, they must account for share of 

 profit* or pay interest at '. |M-r cent, in tin- option 

 of tin- outgoing partner or the tc|.icsei;tati'. 

 deceased partner. An option to pmeha.-'-, how. 

 i> generally given by the contract in such cases. 



In Scotland, as already stated, the firm is a 

 distinct ii'-nniiii. Therefore in actions by or 

 against tlie lirm the individual partners need not 

 be named, though in practice one or two of them 

 generally are named. Kadi Mariner may also sue 

 the lirm ; and the lirm may lie sequestrated with- 

 out any of the partners l*-ing sefjuest rated. 



The law of the United State- i- based on English 

 conimon law, but many of the states of the Union 

 j have their own s|iecial legislation ; and, contrary to 

 the practice of Britain, lunitcl partnerships, resem- 

 bling tlie Ficnch Socictcs en ( 'otnniandite (see 

 CIIMMAMIITK). are fully recognised. On this sub- 

 ject the New York legislation has been generally 

 followed ; the t/cncrai partners licing res]Minsible, 

 the special partners liable only to the extent of the 

 funds put liy them into the concern. Creditors 

 cannot directly proceed against the representatives 

 of a deceased partner. 



Sec Sir X Limllry's Jrrnlirt on tlie Law of Partner- 

 Ai>(lith nl. IS'.tl I, the grunt authority ; also J. Parsons' 

 Principle* of Partncrthip (1889); K. 

 I'ollock'ii Ditjrtt of tht Lav of Pnrtntrxli i>( 4th ed. ] > 

 and, fur the United States, Kent's Commentaries (li'.ih 

 uil. 1KS4), and Story, Law of Partntrihip (1841). See 

 ai.M the articles CoMPANT, COKFOKATIOS. 



Partridge (1'enlir), a genus of gallinaceous 

 birfls, of the family Tetraonida-, having a short, 

 strong bill, naked at the base : the upper mandible 

 convex, lient down at the tip ; the wings and t::il 

 short ; the tarsi as well as the toes naked, the tarsi 

 not spurred. The Conimon Partridge or (Iiav 

 Partridge (/'. rinrrnt) is the most plentiful of all 

 game-birds in Britain, and liccomes increasingly 

 plentiful as cultivation is extended, whilst the 

 range of the moorfowl is restricted. Hence it has 



a, Conimon Partridge ( /Yn/iz cinrrea ) ; b, Reil I 

 Partridi-e ( P. ru/a). 



greatly increased during the Iflth eenliiry in 

 llrilain, and, though not preserved to the same 

 extent as are pheasants, it allonls considerable 

 simrt. It is not found in the Outer Hebrides. On 

 tlie continent of Kurope it is abundant in almost 

 j all districts- suitable to its habits, from Scandinavia 

 to the .Mediterranean, and is found also in the north 

 of Alrica, and in -<i\i\i- parts of the \\cst "f Asia. 

 It varies considerably in si/e, those found in rich 

 arable lands lieine; ^eiiernlly tlie largest, and aliout 

 1'2J inches in entire length, whilst those which 

 inhabit poorer and more upland districts, or where 

 heather abounds, are rather smaller. The female 

 is rather smaller than the male. The upper parts 

 of both arc ash pay. linely varied with brown and 

 black : the male has a deep chestnut crescent- 

 shaped spot on tlie breast, which is almost or 

 altogether wanting in the female. A variety called 

 the Mountain Partiidye, has the plumage brown. 

 The Partridge in seldom found far from cultis 

 land. It feeds on ^rain and other seed-, insects 

 and their larva- and pupa- ; and the pupa.' of anW 



