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PHI LOS 0 P H Y . - Classic Works of Apologetics Online

PHI LOS 0 P H Y . - Classic Works of Apologetics Online

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1~9<br />

l)c diminished, by this rule B loses only his labour as<br />

before; whereas A loses his interest, and part <strong>of</strong> the<br />

principal: for which eventual disadvantage A is .<br />

compensated, by having the interest <strong>of</strong> his money<br />

computed at six per cent. in the division <strong>of</strong> the pr<strong>of</strong>its,<br />

when there are any.<br />

It is true, that the clivisi(l~ <strong>of</strong> tIle pr<strong>of</strong>i~ is seldom<br />

forgotten in the constitution <strong>of</strong> the. partnership;<br />

and is therefore commonly settled by express agree ..<br />

Inellts; but these agreements, to be equitable, 5hould<br />

pursue the principle <strong>of</strong> the rule here laid Gown. _<br />

AI! the partners are bound by what anyone. <strong>of</strong><br />

them does in the ~ourse <strong>of</strong> the business; fer, quoad<br />

.hoc, each nartner .. is considered as an authorized<br />

ager..t for the rest.<br />

(<br />

CH.i1PTER XIV.<br />

CONTRACTS OF LPJ30UR_<br />

OFFICES.<br />

;/~ IN many <strong>of</strong>fices, as schools, fellowships <strong>of</strong> col."<br />

Iteges, pr<strong>of</strong>essorships <strong>of</strong> the universities, and the like,<br />

I there is a tw<strong>of</strong>old contract, one with the founder<br />

the other with the electors.<br />

.'<br />

, (The contract with the founder obliges the incumbent<br />

<strong>of</strong> thp. <strong>of</strong>fice to discharge every duty appointed<br />

by the charter, statutes, deed <strong>of</strong> gift, or will <strong>of</strong> the<br />

founder;l because the endowment was given, and<br />

consequ~ntly accepted for that purpose, and upon<br />

tho~e conditions.<br />

{ The contract with the electors extends this obligation<br />

to all duties that have been customarily connected<br />

with and reckoned a part <strong>of</strong> the <strong>of</strong>fice, though<br />

not prescrilY.!J by the founder:l for the electors expect<br />

from the person they choose, all the duties<br />

which his predecessors have discharged; and as the

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