13 Kent Com., 161; see Provost v. Patchin, 9 N. Y., 235. 23 Kent Com., 162. hypothe S1273. The master of a ship may hypothecate the Power to ship, freightage and cargo, in the cases prescribed cate. by the chapters on BOTTOMRY and RESPONDENTIA, and in no others. There seems to be no precedent or usage which would power to $1274. When a ship, whether foreign or domestic," Master's is seriously injured, or the voyage is otherwise broken sell ship. up, beyond the possibility of pursuing it, the master, in case of necessity,' may sell the ship without instructions from the owners, unless by the earliest use of ordinary means of communication, he can inform the owners, and await their instructions.3 1 Scull v. Briddle, 2 Wash. C. C., 150; Brig Sarah Ann, Chambers v. Grantzon, 7 Bosw., 414; Peirce v. Ocean Ins. Co., 18 Pick., 83; Patapsco Ins. Co. v. South- 'Brig Sarah Ann, 2 Sumn., 206; 13 Peters, 387; Pike v. power to S 1275. The master of a ship may sell the cargo, Master's if the voyage is broken up beyond the possibility sell cargo. of pursuing it, and no other ship can be obtained to carry it to its destination,' and the sale is otherwise absolutely necessary? 1 Searle v. Scovell, 4 Johns. Ch., 218. Freeman v. East India Co., 5 B. & Ald., 617; Ewbank 1276. The master of a ship, in case of its capture, may engage to pay a ransom for it, in money or in Authority ship. to ransom Abandon ment termi part of the cargo, and his engagement will bind the ship, freightage and cargo. 3 Kent Com., 172, 173; see The Gratitudine, 3 Rob. Adm., 263. S 1277. The power of the master of a ship to bind nates mas- its owner, or the owners of the cargo, ceases upon the abandonment of the ship and freightage to in ter's power. Personal liability for contracts concerning the ship. Liability for acts of persons employed upon the ship. Responsi bility for surers. 2 3 Kent Com., 331. S1278. Unless otherwise expressly agreed,1 or unless the contracting parties give exclusive credit to the owner, the master of a ship is personally liable upon his contracts relative thereto, even when the owner is also liable. S1279. The master of a ship is liable to third persons for the acts or negligence of persons employed in its navigation, whether appointed by him or not, to the same extent as the owner of the ship. Denison v. Seymour, 9 Wend., 8. S1280. The owner or master of a ship is not renegligence sponsible for the negligence of a pilot whom he is of pilot. bound by law to employ; but if he is allowed an option between pilots, some of whom are competent, or is required only to pay compensation to a pilot, whether he employs him or not, he is so responsible to third persons. Story Ag., § 456, note. What powers manager has. ARTICLE IV. SHIPS' MANAGERS. SECTION 1281. What powers manager has. 1282. What powers he has not. S 1281. A ship's manager has power to make contracts requisite for the performance of his duties as such; to enter into charter-parties, or make contracts for carriage; and to settle for freightage and adjust averages. power he has not. S 1282. Without special authority, a ship's man- What ager cannot borrow money, or give up the lien for freightage, or purchase a cargo, or bind the owners of the ship to an insurance. Turner Burrows, 8 Wend., 144; affirming 5 id., 541; 1 Bell's Com., 4 ed., 410, 411. ship, what. S1283. Partnership is the association of two or Partnermore persons, for the purpose of carrying on business together, and dividing its profits between them. An agreement to divide the gross income of a business Ship owners. Formation of partnership. more difficult question is, whether an agreement by which the net profits, if any, are to be divided between two, while the net loss, if any, is to be borne by one, is a partnership. In Pattison v. Blanchard (5 N. Y., 186), GRAY, J., held that it was not. But, although the court seems to have adopted his opinion, the cause was finally decided upon a different point. The same opinion has been expressed in other cases (Heimstreet v. Howland, 5 Den., 68; Sage v. Sherman, 2 N. Y., 414; see Pott v. Eyton, 3 C. B., 32, 39; Hiekman v. Cox, 3 C. B. [N. S.], 523, 562). But some English decisions upon the question are well considered, and directly adverse to this view (Bond v. Pittard, 3 M. & W., 357; Gilpin v. Enderbey, 5 B. & Ald., 954); and these decisions seem to be founded upon a correct principle. There must be some joint adventure to constitute a partnership (Reynolds v. Cleveland, 4 Cow., 282; Porter v. McClure, 15 Wend., 187). It may be in real as well as personal property (Sage v. Sherman, 2 N. Y., 414; Clagett v. Kilbourne, 1 Black [U. S.], 346; Fall River Wharf Co. v. Borden, 10 Cush., 458; Campbell v. Colhoun, 1 Penn., 140). A mere joint ownership does not constitute a partnership (Post v. Kimberly [Ct. of Errors], 9 Johns., 470; Putnam v. Wise, 1 Hill, 234; Holmes v. United Ins Co., 2 Johns. Cas., 329; Hawes v. Tillinghast, 1 Gray, 289). And it is not necessary that the capital should be jointly owned (Vassar v. Camp, 14 Barb., 341; affirmed, 11 N. Y., 441; Champion v. Bostwick, 18 Wend., 175; 11 id., 571. But see Chase v. Bar rett, 4 Paige, 148). S1284. Part owners of a ship do not, by simply using it in a joint enterprise, become partners as to the ship. Hopkins v. Forsyth, 14 Penn. St., 34. S 1285. A partnership can be formed only by the consent of all the parties thereto, and therefore no new partner can be admitted into a partnership, without the consent of every existing member thereof. Story on Partn., § 5; Putnam v. Wise, 1 Hill, 234; M1 rray v. Kneeland, 14 Johns., 318; Kingman v. Spurr, 7 Pick., 235; see Mathewson v. Clarke, 6 How. [U. S ], 122. No one can be made a partner by inheritance or otherwise against his will (Jacquin v. Buisson, 11 How. Pr., 385; Marquand v. N. Y. Mfg. Co., 17 Johns., 525). ARTICLE II. PARTNERSHIP PROPERTY. SECTION 1286. Partnership property, what. 1287. Partner's interest in partnership property. 1288. Partner's share in profits and losses. 1289. When division of losses implied. 1290. Partner may require application of partnership property to payment of debts. 1291. What property is partnership property. property, S1286. The property of a partnership consists of Partnership all that is contributed to the common stock at the what. formation of the partnership, and of all that is subsequently acquired thereby. Code Napoleon, art. 1839. S1287. The interest of each member of a partner- Partner's ship extends to every portion of its property. Mabbett v. White, 12 N. Y., 442; Sto. on Part., § 16; 2 interest in partnership property. share in profits and $1288. In the absence of any agreement on the Partner's subject, the shares of partners in the profit or loss of the business are equal,' and the share of each in the partnership property is the value of his original contribution, increased or diminished by his share of profit or loss.2 'Hasbrouck v. Childs, 3 Bosw., 105; Gould v. Gould, 6 division of losses im plied. S 1289. An agreement to divide the profits of a When business implies an agreement for a corresponding division of its losses, unless it is otherwise expressly stipulated. To the contrary, as far as the proportion of loss is con- |