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manner as that every acre in tillage of the farm aforesaid may be well manured once in every three years of his tenancy. Except that all hay and wheat straw on the farm unconsumed at the expiration of the tenancy may be purchased by the landlord or succeeding tenant, at a fair valuation by two indifferent persons, one to be named by each party.

That said tenant shall leave on the premises, without compensation, not only all lent and white straw arising upon or from the premises, and remaining unconsumed thereon at the expiration of his tenancy, but also all dung and manure arising or made on the farm, and then remaining unconsumed;

That said tenant shall keep clean, by well hoeing, twice at the least, and weeding all the land whilst cropped with beans, peas, clover, etc.;

That said tenant shall endeavor to prevent any injury by persons, cattle, or sheep, to any of the hedges, or trees, or fences, and to preserve the same, and not to do any injury to any timber or other trees, in taking such loppings, as before allowed to him.

That said tenant shall not crop or sow any of the land with rape, flax, hemp, etc. That said tenant shall not underlet or assign the premises or any part thereof, except, etc. That said tenant on quitting the farm shall receive such pecuniary compensation for improve. ments in fencing, etc., as two arbitrators (one of which arbitrators shall be nominated by each party, and if either neglect to nominate his arbitrator, the other party may nominate both arbitrators) shall award, which arbitrators shall abate according to the benefit derived by the tenant from such repairs, improvements, and additions, and take into consideration how far, at the expiration of the tenancy, they may be beneficial to the estate.

IN WITNESS WHEREOF, The said parties have hereunto set their hands and seals the day and year first above written. ROGER SHERMAN. [SEAL.] TRUMAN DODSON. [SEAL.]

Sealed and delivered in presence of

HIRAM A. GEORGE,

PETER T. SWEENEY.

Landlord's Certificate.

THIS IS TO CERTIFY, That I have this first day of March, 1881, let and rented unto Frederick Thompson, my house and lot known as Number 529, in East Twentieth street, in the city of Wheeling, West Virginia, with the appurtenances, and sole and uninterrupted use thereof, for one year, to commence on the first day of April next, at the yearly rent of three hundred dollars, payable in equal sums of twenty-five dollars on the first day of each and every month.

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THIS IS TO CERTIFY, That I, Frederick Thompson, have hired and taken from John P. Holcombe his house and lot, known as Number 529, in East Twentieth street, in the city of Wheeling, West Virginia, with the appurtenances thereof, for the term of one year, to commence on the first day of April next, at the yearly rent of three hundred dollars, payable in equal sums on the first of each and every month.

And I do hereby promise to make punctual payment of the rent in manner aforesaid, except in case the premises become untenantable from fire or any other cause, when the rent is to cease; And I do further promise to quit and surrender the premises at the expiration of the term in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted.

Given under my hand this first day of March, 1881.

In presence of

GEORGE QUARRIER,

THOMAS HUGHES.

}

FREDERICK THOMPS.

Landlord's Certificate-Fuller Form.

THIS IS TO CERTIFY, That I, the undersigned, have, this first day of March, let and rented to Frederick Thompson the following premises, situated in Wheeling, in Ohio county, and State of West Virginia, to wit: that certain brick dwelling and lot of ground known as Number 529, in East Twentieth street, in the city of Wheeling, together with the appurtenances, and the sole and uninterrupted use and occupation thereof:

For a term of one year, from the first day of April next, at the annual rent of three hundred dollars, payable in equal sums of twenty-five dollars on the first day of every month.

And said tenant has agreed to make punctual payment of the rent in the manner aforesaid, except in case the premises become untenantable, from fire or any other cause, when the rent is to cease; to quit and surrender the premises at the expiration of said term, in as good a condition as reasonable use and wear thereof will permit, damages by the elements excepted. And not use or occupy said premises in any business deemed extra-hazardous on account of fire or otherwise, nor let or underlet the same, except with the consent of said landlord, in writing, under penalty of forfeiture and damages. And has mortgaged and pledged all the personal property of what kind soever which he shall at any time have on said premises, whether exempt by law from distress for rent, or sale under execution, or not, waiving the benefits of and from the exemption, valuation and appraisement laws of said State to secure the payment thereof. IN WITNESS WHEREOF, He has hereunto set his hand and seal this first day of March, A. D. 1881.

Sealed and delivered in presence of

GEORGE QUARRIER,
THOMAS HUGHES.

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JOHN P. HOLCOMBE. [SEAL.]

Tenant's Certificate-Fuller Form.

THIS IS TO CERTIFY, That I, the undersigned, have hired and taken from John P. Holcombe the following premises, situated in Wheeling, Ohio county, State of West Virginia, to wit: that certain brick dwelling and lot of ground known as Number 529, in East Twentieth street, in the city of Wheeling,

For a term of one year, from the first day of April, A. L. 1881, at the rate of three hundred dollars, payable in equal sums of twenty-five dollars on the first day of each and every month.

And I do hereby agree to make punctual payment of the rent in the manner aforesaid, except in case the premises become untenantable, from fire or any other cause, when the rent is to cease; to quit and surrender the premises at the expiration of said term, in as good a condition as reasonable use and wear thereof will permit, damages by the elements excepted. And not use or occupy said premises in any business deemed extra-hazardous on account of fire or otherwise, nor let or underlet the same, except with the consent of said landlord, in writing, under penalty of forfeiture and damages. And do mortgage and pledge all the personal property of what kind soever which he shall at any time have on said premises, whether exempt by law from distress for rent, or sale under execution, or not, waiving the benefits of and from the exemption, valuation and appraisement laws of said State to secure the payment thereof.

IN WITNESS WHEREOF, He has hereunto set his hand and seal this first day of March, A. D. 1881.

Sealed and delivered in presence of

GEORGE QUARRIER,

THOMAS HUGHES.

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FREDERICK THOMPSON. [SEAL.]

Landlord's Notice to Quit for Non-payment of Rent.

STATE OF WEST VIRGINIA,

CITY OF WHEELING.

}ss.

TO FREDERICK THOMPSON:

September 1st, 1880.

You being in possession of the following described premises, which you occupy as my tenant, namely, that certain brick dwelling and lot of ground known as Number 529, in East Twentieth street, in the city of Wheeling, county of Ohio, State of West Virginia, aforesaid, are hereby notified to quit and deliver up to me the premises aforesaid, in fourteen days from this date, according to law, your rent being due and unpaid. Hereof fail not, or I shall take a due course of law to eject you from the same.

Witness:

HENRY HARper.

JOHN P. HOLCOMBE.

Landlord's Notice to a Tenant to Quit at the End of the Term.

TO FREDERICK THOMPSON:

SIR: Being in the possession of a certain messuage or tenement, with the appurtenances, situate in the city of Wheeling, and known as Number 529, in East Twentieth street, in said city, which said premises were demised to you by me for a certain term, to wit, from the first day of April, A. D. 1880, until the first day of April, A. D. 1881, and which said term will terminate and expire on the day and year last aforesaid, I hereby give you notice, that it is my desire to have again and re-possess the said messuage or tenement, with the appurtenances, and I therefore do hereby require you to leave the same upon the expiration of the said hereinbefore mentioned

term.

Witness my hand this first lay of March, city of Wheeling, A. D. 1881.

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SIR: You being in possession of the following described premises, which you occupy as my tenant at will, known as Number 565, in Mulberry street, in the town of West Chester, are hereby notified to quit and deliver up to me the premises aforesaid on the first day of April, 1881, according to law, it being my intention to determine your tenancy at will. Hereof fail not, o I shall take a due course of law to eject you from the same.

Witness:

HENRY A. WHITE.

HARVEY B. THOMAS

DIG

The Law of Partnership.

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A PARTNERSHIP is an agreement between two or more persons for joining together their money, goods, labor, and skill, or any or all of them, in some lawful commerce or business, under an understanding, express, or implied from the nature of the undertaking, that the parties to the agreement shall share between them the profits and loss arising therefrom.

As stated, a partnership may be formed by oral agreement, but it is always better and safer that it should be based upon written articles of agreement, in which the terms and conditions of the partnership must be stated explicitly.

A single joint transaction, out of which, considered by itself, neither profit nor loss arises, will not create a partnership. Neither is it a partnership where parties make a joint purchase and each then and there takes his proper share of the goods.

No especial form of words is necessary in the preparation of articles of partnership. The agreement should give the full names of the parties to it, the amount of money or goods, or the nature of the services, contributed by each; should state clearly the responsibility assumed by each; and should set forth the manner in which the profits arising from the agreement are to be divided. In the absence of such statement the law assigns an equal responsibility, and pre sumes an equal division of the profits.

The partnership dates from the date of the articles, unless otherwise expressly stated in the agreement.

It is not necessary that each partner should contribute an equal amount of money to be entitled to an equal share of the profits. An individual may con

tribute his knowledge of the business to be engaged in, or his skill, or his labor, or all three, the other partner or partners contributing a specified sum of money, or the money and their services. The agreement must state exactly what is contributed.

Each and every partner is liable for the debts or losses of the concern. A partnership may bind one or more partners to bear the losses, and exempt another partner, or other partners, from such losses. This agreement is perfectly valid between the partners, but it is not good against creditors unless such creditors in dealing with the firm were aware of this agreement, and based their transactions upon it.

The act of one partner binds all the others. Thus, if one partner gives a negotiable note for the use of the firm, and signs it with his individual name, such signature binds all the other partners.

Each partner is absolutely responsible to every creditor of the firm for the whole amount of the debt. If his agreement with them limits the amount of nis responsibility he may proceed against them to recover his loss.

A person lending his name to a firm, or causing, or allowing it to be published as one of the partners in a concern, or allowing it to be used as a partner after he has withdrawn from the concern, is in the meaning of the law a partner as regards the claims of creditors.

A person who contributes his money to the capital of a firm and shares its profits, without allowing his name to be used, is termed a secret or silent partner. A person contributing to the capital and sharing the profits of the concern, but taking no active part in its management, is termed a sleeping or dormant partner. Both of these are liable to creditors for the debts of

the concern, firm.

even though they did not know them to be members of the

The test of partnership is the participation in the profits of the business. In forming partnerships it is generally the rule to form them for a stated period, which must be expressed in the agreement. This is termed a limited partnership, and expires "by limitation" at the end of the period named. The partners are then free to renew their agreement or not, as they may see fit. Where an agreement does not specify such a period, the law presumes that a general partnership is intended. This may be dissolved or ended at the pleasure of either party.

A sleeping or dormant partner is not liable for the debts of the firm contracted after his retirement, even though he may give no notice of his retirement, as such debts are not contracted upon the strength of his credit; and as he has no further participation in the profits of the firm, he cannot be called on to share its liabilities.

When a general partnership is dissolved by the wanton or arbitrary withdrawal of either partner, such partner renders himself liable to the others for the loss or damage they may suffer by his action. It is usual to state in the agreement how a general partnership may be terminated, and this stipulation is binding upon all the partners.

A partnership may be dissolved by the unanimous consent of all the partners, or a court of equity may, for sufficient cause, decree the dissolution of such partnership. Dissipation on the part of a partner, dissolute or reckless habits, calculated to endanger the credit or safety of the firm, are sufficient grounds for the other partners to invoke the action of the courts, where a mutual agreement cannot be had.

The death of a partner dissolves the firm, and its affairs must be adjusted as soon as possible thereafter.

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