PARTNERSHIP. 



in writing. On the retirement of an ostensible partner, 

 hit retinOMBt uu* be given, or he will be liable to the 

 at UM continuing firm for subsequent contracts nude by 

 . and Men notice U usually given in UM Qwtto; but notice in 

 MM OliiMi will not bind creditor* who are not ihown to have seen 

 the notio*. Third perton* hare a claim again* a dormant partner for 

 contracts entered into by the Ann while he wa* a partner. This claim 

 founded on euoh dormant partner being actually a partner : and 

 therefore it is unnecessary, on the dissolution of a partnership 

 between HI ostensible and a dormant partner, to gire notice of the 

 diMolutkm to UM crediton, in order to protect the latter from 

 subsequent oootracU ; fur when the dormant partner baa ceased to be 

 a partner, he U relieved from all future liability. 



It it collected from the majority of oases thata partnership contract 

 it joint (not joint and several > both at law and in equity. Upon the 

 death of a partner therefore the legal remedy against him in respect to 

 the joint contract U extinguished, and the crediton con maintain an 

 inHra agauui the urriving partnen only. But the rule of equity as 

 ^HU.KL t* partners with respect to third parties was considered to 

 be that the joint debts should be satisfied out of the joint estate ; if 

 that were in.uffi.-i.-nt, then subject to the claims of their separate 

 creditors out of their separate estates proportionally ; and if any of 

 them wore insolvent, then out of the remaining separate estates pro- 

 portionally. But the case of Devayne* r. Noble (1 Her., 629), since 

 affirmed on appeal by lord Brougham (2 R ft M. 495), has established 

 the principle that a partnership contract is several as well as joint ; 

 and that a partnership creditor may have recourse for full payment to 

 UM estate of a deceased partner. And the same judge (Sir W. Grant) 

 who decided that case, declared that a partnership debt has been 

 treated in equity as the several debt of each partner, though at law it 

 is only the joint debt of all 



It has been before said that notice of the decease of a partner to the 

 creditors of the firm is not necessary to free his estate from future 

 liability; but it is otherwise if one of the surviving partners be 

 executor of the deceased. A deceased partner sometimes directs his 

 executors to continue the trade ; in that case his estate will be liable 

 to the extent to which he directs his assets to be employed. If 

 the executor exceed that limit, he becomes personally responsible. 



In actions by partnen, all the partners may, and all ostensible 

 partnen must, join as plaintiffs, unless the contract upon which the 

 action is brought be in writing under seal, when only those partners 

 who are included can sue thereon. But if a contract not under seal be 

 made by tome, for the benefit of themselves and others, those for 

 whose benefit it is made, as well as those whose names appear on the 

 contract, may sue. Parties to a legal partnership cannot recover upon 

 an illegal contract, although its illegality, at the time it was made, 

 were only known to one of the members of the firm. Persons who 

 may legally be partnen in foreign countries, as husband and wife, 

 cannot sue here as partnen, for by the law of England husband and 

 wife are not permitted to sue as partnen. On the other hand, partnen 

 trading abroad in such a manner as to make a partnership here, may 

 sue as partners for consignments sent to this country, though they 

 cannot sue as partnen at the place of trading by reason of the 

 particular law of that place. The construction of contracts is governed 

 by the laws of the country in which they are made ; but remedies 

 must be pursued by the means pointed out by the law of the country 

 whose tribunal! are appealed to. The laws of the country where the 

 contract was mode can only have a reference to the nature of the 

 contract, not to the mode of enforcing it. If partners have occasion to 

 prefer an indictment relating to the partnership property, such property 

 may be stated in the indictment as belonging to one of them by name, 

 ana to another or others, as the case may be. But though it is not 

 necessary to name all the partners, yet where there are other partners, 

 that fact should appear in the indictment, or the prisoner must be 

 acquitted. 



A whole firm may become bankrupt, or some or one only of the 

 partners may become so, whilst the remaining members may be solvent ; 

 but those only of the partnen who have committed acts of bankruptcy 

 are to be deemed bankrupts ; and to constitute two or more bankrupts 

 under a single adjudication, there must be evidence of joint trading. 

 Upon the bankruptcy, the whole of the bankrupt's property vesta 

 absolutely in the assignees, who have the same remedy by action for 

 the recovery of the debts due to the bankrupt, and for the redress of 

 all civil injuries with respect to the property passing to them under 

 the adjudication, as the bankrupt would have had if none had been 

 made. Accordingly, when the bankruptcy is separate, the solvent 

 partners join with the assignees in an action for the recovery of the 

 joint debts. On the bankruptcy of one partner, the solvent partnen 

 become tenant* in common with the assignees of all the partnership 

 effocU. Upon the bankruptcy of one partner, under a separate adju- 

 dication made against him, hi* assignees take all hi* separate property 

 and all his interest in the joint property ; and if a joint adjudication 

 issue against all, the assignees take all the joint property, and all the 

 separate property of each individual partner. Joint estate it that in 

 which the partnen are jointly interested for the purposes of the 

 partnership at the time of the bankruptcy. Separate estate is that 

 in which the partnen are each separately interested at that time. 

 Joint debt* are those for which an action, if brought, must be brought 



PA<S 'VKR. 



3*1 



against all the partnen constituting the firm ; in all oases therefore 

 when a partner becomes liable for a debt contracted by hit co-partner*, 

 a joint debt is created, and the creditor is a joint creditor of the firm. 

 Separate debt* are those for which the creditor can have his remedy at 

 law against that partner only who contracted them. 



The rules relating to joint-stock companies, banks and mining 

 adventure* not regulated by charten of incorporation or special 

 custom were formerly exactly the came as those of any other kin-l f 

 partnership*. But recent legislation hat considerably modified the 

 position of these associations, by introducing under certain restrictions, 

 the principle of limiifH liability. The stt 19 ft 20 Viet c. 47 (1856) 

 amended by some subsequent acts, now regulates most joint-stock 

 companies. The stat. 20 ft 21 Viet. c. 49 (1867), and 21 ft 22 Viet. o. 

 91 (1858) apply to joint-stock banking companies, the latter statute 

 enabling these bodies to avail themselves if they please of the 

 principle of limited liability. For more detailed information the 

 reader is referred to the article JOINT-STOCK COMPANIES. 



A bill for consolidating the enactment* on this subject was introduced 

 in the late session of parliament (1860), but did not pass into law. 



The legal condition of part-ownen of ships is considered tinder 

 SHIP. 



The chief rules of Roman law as to partnership may be collected 

 from Qaius, iii. 148-154; 'Dig.,' xvii., tit. 2; Cicero, 'Pro Public 

 Quintio.' 



(Collyer ' On Partnenhip,' and Blackst. Comm., v. ii., p. 626, Mr. 

 Kerr's edition.) 



PARTY AVALL8. [BCILDINO ACTS.] 



1 'AH VISE (parrii, in French), an old term for an open area or 

 porch before the principal entrance of a church. It appears to have 

 been used only or chiefly with reference to a cathedral or other largo 

 church. The older French writen term the pronaos of the Par- 

 thenon, or the outer circuit of the temple at Jerusalem, a parvis. By 

 modern English writers on Gothic architecture, the room sometimes 

 seen over a church porch is called a parvise. These rooms, which are 

 often of later date than the porches, are supposed to have served a* 

 the private oratories of chantry priests, or as some think, to have been 

 occupied by anchorites or recluses. Examples of these parvises occur 

 at Fotheringhay, Northamptonshire; Sherborne, Dorsetshire ; Harrow- 

 (in-the-Hill, Middlesex, &c. 



PARVOLINE (C 15 H 1S N). An organic alkaloid found in Dorsetshire 

 shale-tar. It is isomeric with cumidine. 



PA'SHA or BASHA, a Turkish appellation for a man in high 

 command, such as the great officers of the Porte, the governors of 

 provinces, and the high admiral, who is called Capiton Pasha. The 

 provinces administered by Pashas ore called Poshaliks. The Turks 

 often write the word Pashah with an h at the end, as if it were a con- 

 traction or corruption of the Persian word Padishah, which is a com- 

 pound of Pad, " a guardian," and Shah, " a king," and which is the 

 title assumed by the Ottoman Sultan, the king of Persia, the Mogul, 

 and other great Eastern potentates. (Herbelot, ' Bibliothoque Orien- 

 tate.') Some derive Pasha from the Persian Pai Shah, " the foot of 

 the king," because those officers tread in the steps of the sovereign and 

 stand in his place. (' Continuation ' to D'Herbelot, vol. iv., 4to. edition, 

 1779.) 



PASQUIN, the name given to a mutilated ancient statue which 

 stood at the corner of the palace Santobuono, in a small open place in 

 the city of Rome, near the Piazza Navona, It represents a warrior in 

 the attitude of defence. The subject of the statue is not known. 

 Pasquino was the name of a tailor who lived in that neighbourhood 

 " many yean since," says Parisio, in his ' Antiquities of Rome,' pub- 

 lished A.D. 1600. The shop of Pasquino was a sort of place of meeting 

 for the people of the district, who came there to tell or hear the new* 

 of the day, as is still the custom in the apothecaries' shops in the pro- 

 vincial towns of Italy. The tailor was a facetious man, and his witty 

 sayings were styled " Pasquinate," which afterwards became a common 

 appellation for humourous epigrams and sarcastic lampoons, a kind of 

 composition for which the modern Romans are noted. These lam- 

 poons, which often attacked people in high stations and the govern- 

 ment itself, were fixed in the night on or near the statue already 

 mentioned ; and thus the statue itself come to be called Pasquino, as 

 being the representative of the witty tailor of that name. Collections 

 of these epigrams have been made, aud some of them are very witty, 

 though often scurrilous and coarse. 



PASSENGERS. [SHIPS.] 



PASSIVE VOICE. [MIDDLE Voice.] 



PASSOVER (PlpD, o paisiny orer, or tpariny, c(<rxa), also called 



the feast of unleavened bread, one of the three great annual festivals of 

 the Jews, was established to commemorate God's passing over the 

 house* of the Israelites in Egypt when he slew the first-born of the 

 Egyptians (Exod. xii. 27). It was first observed in Egypt on the night 

 before the Exodus. It began on the evening after the 14th day of the 

 month Abib, or Nisan, which was the first month of the sacred year, 

 and lasted seven days, the fint and Lost of which were observed as 

 especially holy by abstinence from all labour, and by a convocation of 

 the people for worship. After the settlement of the Israelites in 

 Palestine, it was incumbent on all their males to go up to the Temple 

 to keep this feast. The following were the ceremonies observed in its 



