310 LAWS OF MARYLAND. [CH. 175

(4) This act shall be so interpreted and construed as to
effect its general purpose to make uniform the law of those
states which enact it.

(5) This act shall not be construed so as to impair the
obligations of any contract existing when the act goes into
effect, nor to affect any action or proceedings begun or right
accrued before this act takes effect

SEC. 5. (Rules for Cases not Provided for in this Act)
In any case not provided for in this act the rules of law and
equity, including the law merchant, shall govern.

PART II.
Nature of a Partnership.

SEC. 6. (Partnership Defined. ) (1) A partnership is
an association of two or more persons to carry on as co-owners
a business for profit.

(2) But any association formed under any other statute of
this State, or any statute adopted by authority, other than the
authority of this state, is not a partnership under this act,
unless such association would have been a partnership in this
state prior to the adoption of this act; but this act shall apply
to limited partnerships except in so far as the statutes relating
to such partnerships are inconsistent herewith.

SEC. 7. (Rules for Determining the Existence of a Part-
nership. ) In determining whether a partnership exists, these
rules shall apply:

(1) Except as provided by section 16 persons who are not
partners as to each other are not partners as to third persons.

(2) Joint tenancy, tenancy in common, tenancy by the en-
tireties, joint property, common property, or part ownership
does not of itself establish a partnership, whether such co-own-
ers do or do not share any profits made by the use of the prop-
erty.

(3) The sharing of gross returns does not of itself estab-
lish a partnership, whether or not the persons sharing them
have a joint or common right or interest in any property from
which the returns are derived.

(4) The receipt by a person of a share of the profits of a
business is prima facie evidence that he is a partner in the
business, but no such inference shall be drawn if such profits
were received in payment: