Court (the said court being a court of record, having common-law jurisdiction, and a clerk and seal), and applied to the said court to be admitted to become a citizen of the United States of America, pursuant to the provisions of the several acts of the Congress of the United States of America, for that purpose made and provided. And the said applicant having thereupon produced to the court such evidence, made such declaration and renunciation, and taken such oaths as are by the said acts required: thereupon it was ordered by the said court, that the said applicant be admitted, and he was accordingly admitted by the said court, to be a citizen of the United States of America.

[Seal of court.]

IN TESTIMONY WHEREOF, the seal of the said court is hereunto

1086. Affidavit of Resident Alien, to Enable Him to Hold Real Property in

88.

resident in the State of

New York.(b)

being duly sworn, doth depose and say, that he is a

and intends always to reside in the United States, and to become a citizen thereof as soon as he can be naturalized, and that he has taken such incipient measures as the laws of the United States require, to enable him to obtain naturalization.

(b) To be filed in the office of the secretary of state of the State of New York.

Notaries.

Notices.

CHAPTER LXIV.

NOTARIES.

NOTARIES, or notaries public, as they are often called, are appointed by the executive authority of the State or kingdom where they are to act. Their functions are chiefly to attest affidavits, deeds and other instruments, to protest bill and notes, and to certify copies of instruments. The courts and the customs of merchants, in all nations, respect their acts; but in this country the powers of our notaries are to some extent usually defined in the statutes of the State. The chapters on AFFIDAVITS, ACKNOWLEDGMENTS OF DEEDS, and PROTESTS, present the chief instruments used in their practice.

CHAPTER LXV.

NOTICES.

WHEREVER magistrates, referees or arbitrators proceed judicially to inquire into and determine a question of rights, the party affected is entitled to notice of the hearing and an opportunity to be heard.

Wherever the right of a party under a contract depends upon a contingency; the happening of which is peculiarly within his own knowledge, he should give notice of its happening to the other party.

All notices which form part of a legal proceeding should be in writing; but in other cases, notices need not be in writing or in any particular form, unless this is required by the statute or contract which raises the necessity of giving notice.

Where notice is required to be given a certain number of days before an act, either the day of giving the notice or that of doing the act, may be counted, but not both. The law disregards the fraction of the day. But if the period be so short that this rule would work injustice, it would not be applied. Thus a notice given on Saturday night, for an act to be done Monday morning, might be held not a sufficient two days' notice.

Notices appropriate to the various proceedings treated in this work, will be found in their appropriate connection in other chapters.

General Form.

CHAPTER LXVI.

OATHS.

AN oath is a declaration made according to law before a competent tribunal or officer, invoking God to witness the truth of what is said. It may be taken in various ways, according to the religious belief of the deponent. The most usual forms are given below. When the oath is intended to be taken upon the Evangelists, its validity is not affected by a mistake in using another book instead.

Oaths to support the constitution and execute and obey the laws, are required from public officers, and oaths of fidelity are required from persons judicially selected for the performance of duties and trusts of various kinds.

1093. Oath of allegiance required from practitioners in the United States courts. 562

1087. Oath Taken Upon the Evangelists.

[The officer extends the book to the deponent, who takes hold of it, and the officer says:] "You do solemnly swear, that [here state the object of the oath-e. g., thus:] the matters stated in this affidavit subscribed by you are true. So help you God." [Here deponent will raise the book to the lips.]

1088. Oath Taken by Uplifting the Hand.

[The deponent raises his right hand, and the officer says:] "You do swear, in the presence of the Ever-living God, that the matters stated in this affidavit subscribed by you are true." [And the deponent responds:] I do.

1089. Affirmation.

[The officer says:] "You do solemnly, sincerely and truly declare and affirm, that" [etc., as in preceding form].

1090. Oath or Affirmation of Witness.

[Insert in preceding forms] that you will true answers make to.the questions that shall be put to you touching [here state the matter—e. g., thus:] the execution of the deed herewith shown you.

Oaths.

Partnership.

1091. Another Form.

[Insert in preceding forms] that the evidence you shall give in relation to the matter of difference now here depending between A. B. and Y. Z., shall be the truth, the whole truth and nothing but the truth.

I, A. B., do solemnly swear [or, affirm], that I will support the Constitution of the United States, and the Constitution of the State of New York, and that I will faithfully discharge the duties of the office of

town of

in said county, according to the best of my ability. Subscribed and sworn before me,

this day of

[Signature of officer.]

18

of the

[Signature.]

1093. Oath of Allegiance, Required from Practitioners in Courts of the United States.

I, A. B., do solemnly swear, that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority or constitution within the United States, hostile or inimical thereto. And I do further swear that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. SWORN [etc., as above].

CHAPTER LXVII.

PARTNERSHIP.

PARTNERSHIP is the relation between two or more persons who are engaged in a joint adventure or undertaking, and are to participate in the profit or loss which may result from it.(a)

(a) Sage v. Sherman, 2 N. Y. (2 Comst.), 418; Vassar v. Camp, 14 Barb., 341; Hodgman v. Smith, 13 Ib., 802; Fitch v.

Hall, 16 How. Pr., 175; Cumpston v.
McNair, 1 Wend., 457.

What Constitutes it.

Powers of Partners.

Joint ownership of property does not necessarily make men partners. They must have joined in some adventure or undertaking with or in respect to the property, upon an agreement or under circumstances from which the law will imply an agreement to share profit or loss.(b)

Resorting to a division of profits, as a measure of compensation, does not necessarily make men partners.

One who is employed in the business of a firm, in a subordinate capacity, having no interest in the capital nor sharing liability for losses, is not rendered a partner, by the fact that he is to receive a portion of the profits in compensation for his services. (c) To constitute partnership there must be an ownership in profits as they arise; a right to them as the product of capital and labor employed in an adventure in which both parties are interested, and not as a measure of compensation only.(d)

There is no necessity for any agreement in writing or for any express agreement whatever, as to terms of co-operation, in order to constitute partnership. When persons unite in employing property in an adventure for profit, without any agreement to regulate their interests, the law prescribes a code of rules which may be briefly stated as follows: They are recognized as partners. Whatever name they use in doing business is the firm-name, even though it happens to be the individual name of a partner. Each is entitled to an equal share of profits and bound to an equal share of losses, whatever difference there may be in value or amount of services rendered or capital contributed. Each partner can represent the whole, within the scope of the partnership business, and as towards innocent third persons, can bind all his associates by his dealings and simple contracts, which do not appear to exceed the bounds of that business. Any one of the partners may, at any time, terminate or dissolve the partnership; and if not satisfied with the share in the final division, which his partners are willing to accord him, he may apply to a court of justice to appoint a person, who shall take the assets, convert them into money, and, after paying the law expenses and the firm debts, divide the residue of the proceeds among the associates, in the proportion of their contributions to the capital, and under the direction of the court. Persons who are willing to abide the blind application of these rules, to their adventure, have no need to enter into written articles. But great advantage is found in written articles, and careful and equitable provisions restricting the partners, defining their several duties and their shares of compensation, and providing a mode of final settle

ment.

While a partnership exists, however it may have been formed, the several partners have very broad and general powers to act for each other within the scope of the business. Either one of them can deal with the partnership property as if he were the owner; can bind the firm as towards innocent holders, by signing its name to notes, and other simple contracts not appearing to be in excess of his authority, and can contract debts in its name. Each partner is also personally liable for all the partnership indebtedness. But these powers of a partner do not extend to executing a sealed instrument,(e) or confessing a

(b) Porter v. McClure, 15 Wend., 187; Putnam . Wise, 1 Hill, 234; Pattison v. Blanchard, 5 N. Y. (1 Seld.), 186; Heimstreet v. Howland, 5 Den., 68; Holmes v. United Ins. Co., 2 Johns. Cas., 329; Post v. Kimberly, 9 Johns., 470; Pinckney v. Keyler, 4 E. D. Smith, 469.

(c) Burekle v. Eckhart, 3 N. Y. (3 Comst.), 132; Vanderburgh v. Hull, 20 W'end., 70.

(d) Ogden v. Astor, 4 Sandf., 311. (e) Clement v. Brush, 8 Johns. Cas., 2 ed., 180; Green v. Beals, 2 Cai., 254;

Gates v. Graham, 12 Wend., 53; Skinner v. Dayton, 19 Johns., 513; Gram v. Setur, 1 Hall, 262; McBride v. Hagan, 1 Wend., 326. He may seal by special authority. Pettis v. Bloomer, 21 How. Pr., 317; Renwiek v. McAllister, 5 N. Y. Leg. Obs., 16; Smith. Kerr, 3 N. Y. (3 Comst.), 144. And in virtue of general authority as partner may give a release, under seal, of a debt due to the firm. Wells v. Evans, 20 Wend., 251; Pierson v. Hooker, 3 Johns., 63; Bulkley v. Dayton, 14 lb., 887; Bruen v. Marquand, 17 Ib., 58.