Clients of ours resident in this Country but who carry on a large
business in Partnership at
Victoria in
Vancouver's Island being about
to retire from such business and to dispose of the Goodwill to
another party are anxious if possible to arrange with him to receive
the consideration for such sale by way of a perCentage of the profits
for the next few years, but to enable us to advise him in regard
thereto whether they can safely enter into such agreement without
incurring the liability of Partners, it is necessary for us to
ascertain whether the Act passed in the last Session of Parliament to
amend the Law of Partnership (28 & 29
Victoria Chapter 86) has been
applied to the Colonies. If not, the Colonies not being expressly
named therein, and it being subsequent to the establishment of the
Colony in question, we take it to be clear that, in accordance with
the ordinary rule, the Law at
Vancouver's Island in this respect
would remain unaltered by the Act and that our clients by sharing in
the profits would be liable as partners in accordance with what was
previously the Law here.
Under these circumstances may we ask you kindly to inform us whether
any similar Alteration in the Law has been made for the Colony or if
not whether such is in contemplation.