580 INDEX.

PARTITION— Continued.

2. When partition is made by agreement of parties, one of the modes
known to the common law, is, by drawing lots, but there is no authori-
ty for saying, that when a compulsory partition is made by judicial
process, recourse must be had to lots to determine the portion which
each party is to take. Ib.

3. The legislature did not mean to confine the commissioners to a particu-
lar mode of making the partition, they may, if they please, award to
each of the parties his share of the thing to be divided, or they may at
the proper stage of the proceedings draw lots, and their return, other-
wise unexceptionable, will not be set aside because they have adopted
either of these modes. Ib.

4. It is a fatal objection to the return, that the value of the estate, in
money, has not been stated by the commissioners. Ib.

5. The clause directing the commissioners to take evidence, should be
added to the form of the commission. Ib.

6. The act of assembly requiring thirty days notice of the execution of the
commission to be given, is not complied with, by stating, in the return,
that reasonable notice was given, but the commissioners must say, in
their return, either that they gave thirty days notice, or due notice
according to law. 16.
PARTNERSHIP AND PARTNERS, t

1. When one of several partners dies, if the surviving partners continue
the trade or business, it is at their own risk, and they will be liable, at
the option of the deceased partners, to account for the profits made
thereby, or to be charged with interest on the deceased partner's share
of the surplus, besides bearing all losses. Goodbum and wife vs. Ste-
vem, 420.

2. The real estate of a partnership, though regarded in a court of equity
as personal estate for all partnership purposes, yet, in the absence of
an express or implied agreement indicating an intention to convert it
into personal estate, will, when the claims against the partnjership
have been satisfied, and the partnership accounts adjusted, be treated in
a court of equity as at law, as real estate, and be subject to the dower
» of the widow of a deceased partner. Ib.

3. By one of the articles of a partnership agreement, a partner bound him-
self "not to take out of the business or stock in trade" of the partner-
ship "more than seven hundred dollars per annum, in goods or money,
or both." HELD—

That this article could not be construed as an agreement that this
partner should have a salary of seven hundred dollars in consider-
ation of his giving his attention to the business of the firm. Balt-
, zei vs. Trump, 517.

4. That by this article he was restricted from taking mare than seven hun-
dred dollars, but he might take less, and if he should take less, he
would not be entitled to have the difference made up, upon the expi-
ration of the partnership. Ib.

See DOWER, 17.
ELECTION, 2.