Articles, divisions of a printed or written document or agreement. A specification of dis tinct matters agreed upon or established by authority or requiring judicial action. In chan cery practice articles are a formal written state ment of objections to the credibility of wit nesses in a cause in chancery, filed by a party to the proceedings, after the depositions have been taken and published. The object of articles is to enable the party filing them to introduce evidence to discredit the witnesses to whom the objections apply, where it is too late to do so in any other manner (2 Daniel Chan. Pr. 1158), and to notify the party whose witnesses are objected to of the nature of the objections, that he may be prepared to meet them. Upon filing the articles a special order is obtained to take evidence. The interrogatories must be so shaped as not to call for evidence which applies directly to facts in issue in the case. 3 Johns. Ch. N. Y. 558. The objections can be taken only to the credit and not to the competency of the witnesses. 3 Johns. Ch. N. Y. 558; 3 Atk. Ch. 643, and the court are to hear all the evidence read and judge of its value. 2 Ves. Ch. 219.
Articles of Association.— In law, written regulations agreed upon by the parties to a joint enterprise.
Articles of Agreement— A written mem orandum of the terms of an agreement. They may relate either to real or personal estate, or both, and if in proper form will create an equi table estate or trust such that a specific per formance may be had in equity. The articles of agreement should contain a clear and ex plicit statement of the names of the parties, with their additions for purposes of distinction, as well as a designation as parties of the first, second, etc., part; the subject-matter of the contract, including the time, place, and more important details of the manner of perform ance; the covenants to be performed by each party; the date, which should be truly stated. It should be signed by the parties or their agents. When signed by an agent the proper form is A. B., by his agent (or attorney), C. D.
Articles of Confederation.— The title of the compact which was made by the 13 original States of the United States of America. It was adopted and carried into force 1 March 1781 and remained as the supreme law until the first Wednesday of March 1789.
Articles of Faith.— Summarized state ments of religious views relating to the central doctrines of a theological system. Protestant divines divide these into fundamental and non fundamental articles. Familiar examples of articles of faith are the Nicene, Apostles' and Athanaisan creeds, the Thirty-Nine Articles, the Westminster, Augsburg and Helvetic Con fessions. See CREED AND CONFESSIONS.
Articles of Impeachment.— A written articulate allegation of the causes for impeach ment. Blackstone calls them a kind of bill of indictment, and they perform the same office which an indictment does in a common criminal case. They do not usually pursue the strict form and accuracy of an indictment, but are sometimes quite general in the form of their allegations. They should, however, contain so much certainty as to enable a party to put him self on the proper defense, and in case of an acquittal to avail himself of it as a bar to another impeachment. Additional articles may perhaps be exhibited at any stage of the pro ceedings. The answer to articles of impeach ment is exempted from observing great strict ness of form, and it may contain arguments as well as facts. A full and particular answer to each article of the accusation should be given.
Articles of Partnership.— A written agree ment by which the parties enter into a partner ship upon the conditions therein mentioned.
instrument nstrument should contain the names of the contracting parties severally set out ; the agree ment that the parties do by the instrument enter into a partnership, expressed in such terms as to distinguish from a covenant to enter into a partnership at a subsequent time; the date and necessary stipulations, some of the more com mon of which follow. The commencement of
the partnership should be expressly provided for. The date of the articles is the time, when no other time is fixed by them. The duration of the partnership should be expressly stated. It may be for life, for a limited period of time, or for a limited number of adventures. When a term is fixed it is presumed to endure until that peri9d has elapsed, and when no term is fixed, for the life of the parties, unless sooner dissolved by the acts of one of them, by mutual consent, or operation of law. The duration will not be presumed to be beyond the life of all the partners, but provision may be made in the articles for the succession of the ex ecutors or administrators or child or chil dren of a deceased partner to his place and rights. Where provision is made for a succession by appointment and the partner dies without appointing, his executor or administrators may continue the partnership or not at their option. A continuance of the partnership beyond the period fixed for its termination, in the absence of circumstances showing intent, will be implied to be upon the basis of the old articles (15 Ves. Ch. 218), but for an indefinite time. The nature of the busi ness and the place of carrying it on should be carefully stated. An injunction will be granted by a court of equity when one or more of the partners endeavors, against the wishes of one or more of them, to extend such business be yond the provision contained in the articles. The name of the firm should be ascertained. The members of the partnership are required to use the name thus agreed upon, and a de parture from it will make them individually liable to third persons or to their partners in individual cases. The management of the busi ness, or of some particular branch of it, is fre quently entrusted by stipulation to one partner, and such partner will be protected in his rights by equity, or it may be to a majority of the partners, and should be where they are numer ous. The manner of furnishing capital and stock should be provided for. When a partner agrees to furnish his proportion of the stock at stated periods, or pay by installments, he will, where there are no stipulations to the con trary, be considered a debtor to the firm. Some times a provision is inserted that real estate and fixtures belonging to the firm shall be con sidered as between the partners, not as part nership, but as individual property. In cases of bankruptcy, this property will be treated as the separate property of the partners. The appor tionment of profits and losses should be pro vided for. The law distributes these equally, in the absence of controllihg circumstances, without regard to the capital furnished by each. Periodical accounts of the property of the part nership may be stipulated for. These, when settled, are at least prima fade evidence of the facts they contain. The expulsion of a partner for gross misconduct, bankruptcy, or other specified causes may be provided for, and the provision will govern when the case occurs. A settlement of the affairs of the partnership should always be provided for. It is generally accomplished in one of the three following ways: First, by turning all of the assets into cash, and after paying all the liabilities of the partnership, dividing such money in proportion to the several interests of the parties; or, sec ond, by providing that one or more of the partners shall be entitled to purchase the shares of the others at a valuation; or, third, that all the property of the partnership shall be ap praised, and that after paying the partnership debts it shall be divided in the proper propor tions. The first of these modes is adopted by courts of equity in the absence of express stipulations. Submission of disputes to arbi tration is frequently provided for, but such a clause is nugatory, as no action will lie for a breach.