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edged the foregoing assignment to be his act and deed; and I certify that the said [here insert the name of the person to whom the certificate of location issued] is the identical person to whom the within certificate of location issued, and who executed the foregoing assignment thereof. [Officer's signature.]

Of Acknowledgment, where the Vendor is not personally known to the Officer, and where his Identity has to be proved.

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in the year

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before

me personally came [here insert the name of the person to whom the certificate of location issued] and [here insert the name and residence of a witness], and the said [here insert the name of the witness], being well known to me as a credible and disinterested person, was duly sworn by me, and on his oath declared and said that he well knows the said [here insert the name of the person to whom the certificate of location issued], and that he is the same person to whoin the within certificate of location issued, and who executed the foregoing assignment; and his testimony being satisfactory evidence to me of that fact, the said [here insert the name of the person to whom the certificate of location issued] thereupon acknowledged the said assignment to be his act and

deed.

FORM NO. 7.

Of a Power of Attorney to sell a Warrant.

Know all men by these presents, that I, [here insert the name of warrantee], of the county of

hereby constitute and appoint

and state of

of

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do

, my true and

lawful attorney, for me and in my name, to sell and convey the

within land warrant, No.

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issued under the act of March 3, 1855. Signed in presence of

acres of land, which

[Warrantee's signature.]

The forms of acknowledgment of a power of attorney and certification to be like those above described for the sale of the warrant.

FORM NO. 8.

Of the Certificate of the Clerk of the Court, Judge, or other person who is authorized to certify under seal, to the official character of the Officer who takes Acknowledgments or Assignments.

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I, A. B. Clerk of the court of in the county and state aforesaid, hereby certify, that John Jones, whose genuine signature is affixed to the above acknowledgment, was, at the time of

signing the same, a justice of the peace [notary public or other officer], duly authorized by law to take such acknowledgment, and that full faith and credit are due to all his official acts as such. Given under my hand and the seal of said court, this day of [L. S.]

18

A. B., Clerk of the Court of

Where the acknowledgment is taken by a clerk of a court or judge using a seal, no certificate of his official character is required.

Necessary Evidence for procuring Military Bounty Land

State of

On this

and

Warrants.

County of day of

ss:

A. D. one thousand eight hundred , personally appeared before me,

public, within and for the county aforesaid,

years, a resident of

in the state of

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a notary

aged who being

duly sworn according to law, declared that he is the identical

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who was a

commanded by

day of

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on or about the A. D. term of and continued in actual service in said war for the term of fourteen days, and was honorably discharged at on the

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He makes this declaration for the purpose of obtaining the bounty land to which he may be entitled under the act approved March 3, 1845. He also declares that he has

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upon our oaths, declare that the foregoing declaration was signed and acknowledged by in our presence, and that we believe, from the appearance and statements of the applicant, that he is the identical person he represents himself to be.

Witnesses, A. B., C. D.

The foregoing declaration and affidavits were sworn to and subscribed before me on the day and year above written, and I certify that I know the affiants to be credible persons, that the claimant is the person he represents himself to be, and that I have no interest in this claim.

Witness my hand and official seal.

Know all men by these presents, that I, aforesaid, do hereby constitute and appoint to be my true and lawful attorney, for me and in my name to demand and receive from the secretary of war of the United States, a warrant for the quantity of land due me as aforesaid; and my said attorney is hereby fully authorized and empowered to constitute and appoint one or

more substitutes or attorneys under him for the special purposes above expressed. (Signed) Attest:

Personally appeared the above-named

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subscriber to

the foregoing declaration, and made oath to the same, and in my presence acknowledged the power of attorney thereto subjoined to be free act and deed, for the purposes therein mentioned. Witness my hand and official seal. C. D., Notary Public.

Attest:

In testimony that the above written was a notary public authorized to administer oaths and take acknowledgments, &c., in the state of , at the above date, and that

his name there subscribed appears to me to be his usual signature, I have hereunto affixed the county seal, and subscribed my name and quality, at

[L. S.]

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this day of

EXTRA PAY.

, 18

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Form for obtaining the Extra Pay of Officers, Seamen and Marines, serving in the United States Navy on the Pacific Coast.

State of
I,

, County of

do solemnly swear that I am the identical

who served by that name as a States ship

Mexico, from

to

on board the United

, in the Pacific, on the coast of California and and whose name is in the cersigned by

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tificate of discharge, dated
is herewith presented and surrendered
I also solemnly swear that I am now
native of
; that I enlisted at

, into the grade of

, which

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on or about the

; that my ship's number was and that I per

; that my number on said ship was formed my duty on board of said

I also solemnly swear that I have not other application for extra pay due me

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this application for extra pay that may be due me further, that I am now a resident of

as

,

and

and am employed

day of

Sworn to and subscribed before me, a notary public in and for the state and county aforesaid, this A. D. 18. And I hereby certify, that to my knowledge the statement of deponent in regard to his residence and employment, is true, my knowledge of deponent being derived from And I also certify that the above-named deponent appears to be about the age stated by him; that he is about inches in hight; of complexion,

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County of
day of

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, 18 before me, a notary

On this, the public in and for the state and county aforesaid, duly qualified to administer oaths, personally appeared siding at and employed as

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re

who are known to

me as creditable witnesses, residing and employed as stated, and who being duly sworn, depose and say, that they reside and are employed as aforesaid; that they have a personal knowledge of who signed the foregoing in their presence; and

that he is the identical

as a

who served on board the United

from

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to

and

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, signed by

States ship who is named in the discharge dated which he affixed in their presence to this application, &c., identity; that their knowledge of him was obtained. And they further depose that they have no interest in the claim of the said

for extra pay.

Sworn to and subscribed, the day and year above written. Given under my hand and seal of office.

State of

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Know all men by these presents, that I,

being entitled to extra pay under the act of Congress, entitled "An Act making Appropriation for the Naval Service for the year ending June 30, 18 ," approved

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Ocean, on the coast of California and Mexico, since May 13, 1846, for and in consideration of the sum of

dollars and

my

cents, to me in hand paid, do hereby appoint attorney, for me and in my name to demand and receive from the navy agent, at Washington, D. C., or other proper officer of the United States, the amount of extra pay herein before recited, and to receipt therefor, hereby confirming all that my said attorney may lawfully do in the premises, as fully as if done by myself with full power of substitution and revocation. Signed and sealed in the presence of the undersigned, this day of

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CHAPTER XXXII.

PARTNERSHIP.

THE relation of partnership is one of the most important that occurs in business life. "It is a connection, than which none more close can exist among men. It places in the power of him with whom you form it, your property and your reputation. His virtues and his skill, in unison with your own, may raise you to the highest pinnacle of prosperity. His folly, or his crimes, may strip you of every flourishing branch and leaf, and leave you, a naked, withered and dishonored trunk. It should be formed, therefore, with little less care than the marriage tie, to which it has been, by a late chancellor, not inaptly compared.""

Its introduction in this work, where each title is so briefly considered, can hardly prove of much practical benefit, and with but a remark or two upon its principal features, and the introduction of the statute regulating limited partnerships, the reader is referred for guidance to the excellent treatises of Story, Gow, and others, upon the law of partnership, and such professional advice as may be requisite.

Partnership has been defined to be the result of a contract whereby two or more persons agree to combine property or labor for the purpose of a common undertaking, and the acquisition of a common profit. There may be a partnership in one transaction as well as in a continuing business, and between persons out of trade as well as persons in trade.'

The community of profit is the criterion whereby to ascertain whether a contract be one of partnership; for one partner may stipulate to be free from loss, and the stipulation will hold good, as between himself and his companions, though it will not diminish his liability to strangers."

To establish a partnership, other than the statutory limited

1 Law Journal, vol. 1.

Smith's Merc. Law, 48.

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