in traffic, as that has the property of a contraQ: of Mozaribat, inafmuch
as each partner in traffic tranfa&s bufinefs with the ftock of the other
partner, in the fame manner as, a manager tranfafts with the ftock
of the proprietor, whence a partnerlhip in traffic is, in effett, a
Mozaribat.
S E C T I O N .
O f I n v a l i d P a r t n e r s h i p s .
-Partnerlhip ’P a r t n e r s h i p i s not lawful in wood, grafs, or game. If, there-
fiTarticles Of fore, tw0 perfons enter into a contract of partnerlhip with refpe£t to
a neutral na- fuch articles, and afterwards collect wood, or grafs, or kill game in
hunting, the wood or grafs fo collected, or the game fo killed, by
■ either of them, belongs to him folely, and not to the other partner.
The fame rule holds in cafes where two perfons enter into a contract
of partnerlhip with refpect to any other articles of a neutral nature,
(fuch as fruit collected from the trees of the foreft, which are common
property becaufe a contract of partnerlhip comprehends a
■ commiffion of agency; and the appointment of an agent for pro-
curin°* things of a neutral defcnption is null, becaufe the inftructions
o f a conftituent to this effefit are invalid, fince an appointment of
agency fignifies an endowing with authority to tranfatft concerning a
matter originally fubjeft to the adts of the conftituent only, and not of
the agent; but it is otherwife in the cafe in queftion, as the agent is
here at liberty himfelf to take the neutral article without the inftruc-
tion of his conftituent, and confequently is incapable of appearing as
his deputy concerning it. In Ihort, a right of property in a neutral
article is eftablifhed only by the adts of taking and putting it in
xuftody. if, therefore, both partners take it jointly, it is equally in
partnerlhip
partnerlhip between them, as they are both equally entitled to i t:—
but if one of them only exert himfelf in taking it, the other doing
nothino-, it belongs wholly to the one, who adts: if, on the other
hand, one. be the c h ie f aBor, and the other only an ajfiftant, (as where
owe,'plucks the fruit, and the other colleBs it,— or, where one both
plucks and gathers it, and the other carries it away,) in this cafe the
affiftant is to receive wages in proportion to his labour.— This is according
to Mohammed. (.Aboo Toofaf alleges that this rule holds only
where the wages do not exceed half the value of the article in queftion;
but that, if the wages exceed this, one half of the value only
is paid to the affiftant, becaufe, as he had agreed to accept one half
of the article Ipecified, his right fails with relpedt to any larger pro--
portion.)
If one man poflefs a mule, and another a Mafhack-, (or leather
bucket,, fuch as is ufed in drawing water,) and they enter into a
contract of partnerlhip in drawing water*, by agreeing that whatever
may be acquired thereby fhall be in partnerlhip between them, fuch
partnerlhip is invalid, the whole acquifition going to the perfon who
actually draws the water..;, and if this, be the owner of the mule, he
owes the other the adequate hire for the bucket; or, if it be the owner
of the bucket, he owes the other an adequate hire for the mule. T h e
reafon of the partnerlhip being invalid is that it is contra&ed with
refpeft to an article of a neutral nature, (namely, watery) and is
therefore unlawful. The hire of the mule or the bucket is d.ue, becaufe
the neutral article (namely the water) becomes the property of
the perfon who drew i t ; and as he derives an advantage, under an in-
* W a t e r is in many parts o f Afia pro cured from draw-wells^- funk to a con fiderable
depth. F r om the edge o f fuch w e lls a road is conftrudred or cu t,, g o in g o f f from twenty
to th ir ty yards,-in an inclined p la in ; and o v e r the w e ll is erefted -a fram e or crofs piecer fu r -
nifhed with a p u lley, through wh ich a line runs , h a v in g fufpènded at one end a la rg e lea the r
b u c k e t , [M a jh a c k ; ] the o ther end is fattened to trace s , in w h ich a m u le , b u llo c k , o r
o ther anima l, m o v in g to and fro ’ on the inclined road., by .th is means draws the w a ter.
validunlefs
they be
taken poflef-
iion o f jointly:
nor in this -
inftance,
where the
means o f acquiring
them
are different.