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therefore, to those cases in which dealings 
are simple, and in which a permanent fund 
can be kept together. Partnerships de- 
pend altogether upon individual responsibi- 
. lity, and can therefore not safely be com- 
j tosed of many persons ; for in suing and be- 
ii. ig sued, all the partners must be named. 
Ti his inconvenience has been attempted to 
be remedied by making acts of Parliament, 
to enable certain fire companies, the Al- 
bio n, Globe, &c. to sue and be sued by 
the ir chief clerk, without making them cor- 
porations: yet, as they stipulate not to be 
answerable beyond their individual shares, it 
will be found difficult, if not impossible, to 
levy 1 execution' upon them, and the party 
must still sue out one or two thousand writs 
of fieri facius, for a debt of 20/. Such is 
the consequence of interfering with the es- 
tablished common law. The result will be 
found to be, that in all such cases, the pub- 
lic deal with a body of people upon honour 
and good faith only, and each individual em- 
barks all his fortune in such concerns, and 
being once engaged in them, continues still 
liable. Whether it would be feasible to 
give further facility to the erecting of trad- 
ing corporations, considering the advantages 
of some such institutions, is therefore a 
question of great difficulty both in political 
i economy and legislation. 
Joint tenants, are those that come to, 
at id hold lands or tenements by one title, 
prl 1 indiviso, or without partition. These 
are distinguished from sole or several te- 
nant s, from parceners, and from tenants in 
conn non; and they must jointly implead, 
and j. ointly be impleaded by others, which 
propel !y is common between them and co- 
parceni us; but joint tenants have a sole 
quality of survivorship, which co-parceners 
have not ' ; for if there be two or three joint 
tenants, and one hath issue and dies, then 
he or the 'se joint tenants that survive, shall 
have the i vhole by survivorship. The crea- 
tion of an estate in joint tenancy depends 
on the wo: ’•ding of the deed or devise, by 
which tena nt claims title, and cannot arise 
by act of 1 aw. If any estate be given to, a 
plurality o f persons, without adding any 
restrictive, exclusive or explanatory words, 
as if an es tate be granted to A and B, 
and their h eirs, this makes them immedi- 
ately joint tenants • in fee of the lands. If 
there be tw o joint tenants, and one release 
the other, th is passes a fee without the word 
heirs, becau se it refers to the whole fee, 
which theyj ointly took, and are possessed 
of by force i of the first conveyance ; but the 
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tenants in common cannot release each 
other, for a release supposes the party to 
liave the thing in demand ; but tenants in 
common have several distinct freeholds, 
which they cannot tranfer otherwise than 
as persons who are sole seized. Although 
joint tenants are seized per mie et per tout, 
yet to divers purposes, each of them hath 
but a right to a moiety ; as, to enfeoff, give 
or demise, or to forfeit or lose by default in 
a praecipe ; and therefore where there are 
two or more joint tenants, and they all join 
in a feoffment, each of them in judgment 
gives but his part. 
At common law, joint tenants in common 
were not compellable to make partition ; ex- 
cept by the custom of some cities and bo- 
roughs. Butnowjoint tenantsmay make par- 
tition ; the one party may compel the other 
to make partition, which must be by deed : 
that is to say, all the parties must by deed 
actually convey and assure to each other the 
several estates, which they are to take and 
enjoy severally and separately. Joint te- 
nants being seized per mie et per tout, and 
deriving by one and the same title, must 
jointly implead, and be jointly impleaded 
with others. If one joint tenant refuse to 
join in an action, he may be summoned and 
severed ; but if the person severed die, the 
writ abates in real actions, but not in per- 
sonal and mixed actions. 
JOINTURE, a jointure, strickly speak- 
ing, signifies a joint estate, limited to both 
husband and wife ; but in common accep- 
tation, it extends also to a sole estate, li- 
mited to the wife only, and may be thus de- 
fined, viz. a competent livelihood for the 
wife of freehold of lands and tenements, to 
take effect, in profit or possession, pre- 
sently after the death of the husband ; for 
the life of the wife at least. By the statute 
of 27 Henry VIII. c. 10. if a jointure be 
made to the wife, it is a bar of her dower, so 
as she shall not have both jointure and 
dower. And to the making of a perfect 
jointure within that statute six things are 
necessary to be observed. 1. Her jointure 
is to take effect presently after her hus- 
band’s decease. 2. It must be for the term 
of her own life, or greater estate. 3. It 
should be made to herself. 4. It must be 
made in satisfaction of her whole dower, and 
not of part of her dower. 5. It must either 
be expressed or averred to be in satisfac- 
tion of her dower. 6. It should be made 
during the coverture. 
The estate should be made to herself; 
but as the intention of the statute was to 
