ingness to trust his own servants, or because of suspicious characters stopping at his house. He is answerable for the conduct of his servants, and is not obliged to entertain suspicious persons in his house.

He also, like a common carrier, has a right to demand payment in advance, and he may refuse one unable to pay proper compensation for the accommodations furnished. He has a lien on all the goods of his guest at the inn, for his expenses there.

Purchasing liquor at a licensed inn has been held sufficient to constitute one a guest, and to entitle his clothing and baggage to protection.

In Dickenson vs. Winchester, 4th Cush. 114, it was held, that where a landlord engaged to take travellers "free," from the station to his hotel, he would be liable for a trunk lost on the way. The relation of innkeeper and guest ceases, when the latter has paid his bill and left the house, with a declared purpose of not returning.

A traveller stopping at an inn does not cease to be a guest and become a boarder, by making an agreement to pay by the week. The length of time he remains, whether an hour, or a week, or a year, does not necessarily determine his char

acter.

If he takes a room, and leaves his baggage there, paying the compensation demanded for a guest, and goes elsewhere to lodge, he is still a guest, and his baggage is entitled to the extraordinary protection required from a landlord: but the relation of guest is not created, by simply leaving baggage at an inn, without taking a room or paying a compensation.

Although the general liability of a landlord, for the goods of those stopping in his house, is that of an innkeeper, it may become, by special contract to board and live there, the restricted liability of a boarding house keeper, who is responsible only for ordinary care, like a common bailee.

In most of the States, parties may now be witnesses in their own cases. In other States, no person can testify in any case in which he is a party, or has any pecuniary interest. Everywhere, however, under the common law, in an action

against an innkeeper for the loss of baggage, the guest is permitted to testify to the character and value of personal baggage lost. This is from a necessity of this particular case, where other evidence could rarely be expected, and to prevent a failure of justice.

The liability of the innkeeper extends not only for the personal baggage of the guest, but for the horses, harness, carriages, and wagons of the guest, and for their contents. He has been held responsible for a theft of bags of grain in a loaded sleigh of a guest, which was in an out house with fastened doors. The sleigh was deemed to be in the care of the host as innkeeper, and he liable therefor, without negligence being proved against him.

In short, he is, like a common carrier, substantially an insurer of the goods of his guest, and can only limit his liability by express agreement or notice.

Contracts for carriage of goods by railroads and other common carriers, are quite various, the following, with its conditions, is a common form:

No. 1. RECEIPT AND CONTRACT FOR TRANSPORTATION, WITH CONDITIONS.

To be transported over said railroad to the depot in and there delivered to

or order, upon the payment of the charges thereon; and subject to the Rules and Regulations established by the Company, a part of which notice is given on the back hereof. This receipt is not transferable.

Freight Agent,

(Conditions Endorsed on Back.)

R. R. Co.

ABSTRACT FROM THE RULES AND REGULATIONS OF FREIGHTING, AS PER PUBLISHED FREIGHT TARIFF.

The Company will not be responsible for damages occasioned by delays from storms, accidents, or other causes; or by decay of perishable articles, by heat or frost, to such articles as are affected thereby; or for damages to the hidden contents of packages; or by leakage or bursting; or by reason of improper packing when received at their depots; nor will it be responsible for any merchandise, unless receipted for by a duly authorized Agent; nor for a greater amount than $200 on any one package, except by special agreement and upon the payment of extra rates; and all goods and merchandise will be at the risk of the owners thereof, while in the Company's warehouses, except such loss or injury as may arise from the negligence of the Agents of the Company.

Goods consigned to irregular Stations, (those not in capitals on Freight Tariff), will be delivered at the nearest regular Station, unless the owner gives a written order to deliver them at the irregular Station at his risk.

Freight delivered at side tracks will be accounted for as it is tallied or weighed into the cars by the Company's Agent, at the point where it started.

The contents of all boxes or packages containing gold, silver, jewelry, or plate, and all similar articles, must be disclosed to the officers of the Company at the time the same shall be delivered to them, or the Company will not be responsible therefor in case of loss.

CHAPTER XII.

OF PARTNERSHIPS.

SECTION 1.-Definitions.

What is a Partnership?

Ir is an arrangement by which persons combine their money, or other property, for a joint business, agreeing to divide the profit and bear the loss, in such proportions as they may stipulate.

The leading principles of a copartnership relation are, a common interest in the joint stock, the power in each member of a general partnership, as to third persons, to enter into engagements which shall bind the company, and a personal responsibility for all partnership engagements.

All persons, competent to transact business on their own account, may properly become partners. There must in all cases be a community of profit.

There is sometimes a stipulation for protection against loss, as to some of the partners. This will be good as between the parties, but will not prevent the personal liability of such partners to third persons.

There may be a sharing in profits, or a right to a per centage upon profits, as a mode of determining the compensation of an agent or clerk, which, while in many respects resembling a partnership, and especially in the community of profit to which such a clerk or agent is entitled, does not constitute him a partner, even as to third persons. The distinction is well established, and rests upon a satisfactory basis, although it is sometimes quite thin, as in the following example: One, who is entitled to one-third of the profits of a business as profits, is a partner, authorized to bind the firm as to third persons, and personally liable to third persons for its indebt

edness.

He may contribute to the joint fund only his personal services. Another person, engaged as a clerk or agent, may receive, as compensation for services, thirty-three and a third per cent. upon the profits, as a basis of salary; he is not a partner, is not interested in the joint funds, may not bind the partnership by his act, except within the scope of the powers conferred upon him by his employment, and is not liable to third persons for the debts of the firm; although he has in a manner such participation in the profits as in some sense amounts to a community therein

SECTION 2.

Of the Formation of Partnerships.

The mutual assent of all members of a partnership is requisite to its formation, but no special form of agreement is required. Each must assent that every other member shall be a partner. If, therefore, one of the members of a partnership, sell or transfer his interest, the purchaser would not become a partner, without the special assent of every member of the copartnership; and such an admission of a new member, would constitute a new firm.

The evidence, upon which a partnership rests, may be: 1st,-written agreement, with or without seal, duly execu ted and interchanged.

2d, a verbal agreement.

3d, the acts or conduct of the parties.

In case a written agreement is entered into, everything agreed upon should be written out fully. The parties should see that all the provisions or stipulations they desire to enforce against their copartners are inserted, and clearly expressed; for it is a rule of law, that no oral testimony shall control a written agreement, unless fraud can be proved. Fraud vitiates and annuls everything. This rule of law, however, is not as strictly adhered to in reference to copartnership agreements, and especially in their relation to third persons, as in most other cases; but, though partners have specifically stipulated in their articles of agreement, yet the