A whole firm may become bankrupt, or some or one only of the partners may become so, whilst the remaining mem bers may be solvent ; but those only of the partners who have committed acts of bankruptcy are to be deemed bankrupts ; and to constitute two or more bankrupts under a single fiat there must be evi dence of joint trading. Upon the bank ruptcy, the whole of the bankrupt's pro perty vests absolutely in the assignees, who have the same remedy by action for the recovery of the debts due to the bankrupt, and for the redress of all civil injuries with respect to the property pass ing to them under the fiat, as the bank rupt would have had if no fiat had issued. Accordingly, when the bankruptcy is separate, the solvent partners join with the assignees in an action for the recovery of the joint debts. On the bankruptcy of one partner the solvent partners be come tenants in common with the as signees of all the partnership effects. Upon the bankruptcT of one partner, under a separate fiat issued against him, his assignees take all his separate pro perty and all his interest in the joint property ; and if a joint fiat issue against all, the assignees take all the joint pro perty, and all the separate property of each individual partner. Joint estate is that in which the partners are jointly interested for the purposes of the part nership at the time of the bankruptcy. Separate estate is that in which the part ners are each separately interested at that time. Joint debts are those for
which an action, if brought, must be brought against all the partners cons• Wing the firm ; in all cases therefore when a partner becomes liable for a debt contracted by his copartners, a joint debt is created, and the creditor is a joint cre ditor of the firm. Separate debts are those for which the creditor can have his remedy at law against that partner only who contracted them. (Collyer, On Part nership.) On partnerships in banks and joint stock companies, see BANK and JOINT STOCK COMPANY. As to mines, a part nership for working a mine is considered by courts of equity in England like any other trade partnership. The mode in which property in ships is held by part owners is explained in SHIP& The fundamental rules of English part nership are the same as those of the Ro man contract of partnership, the chief rules of which are contained in Gains iii. Dili. 17, tit. 2. The great ex tension of English industry and com merce has been accompanied by the growth of a large mass of law applicable to the contract of partnership, a great part of which has been made by the de cisions of the courts on such cases as have been litigated. Accordingly the rules about partnership now form the subject of bulky treatises, the safest clue to the use of which is a clear conception of the fundamental notions of a contract of part nership.