Parinershtp. (Ch. 31. No. 2. 727

of itself create a partnership as to anything so held or
owned, whether the tenants or owners do or do not
share any profits made by the use thereof;

(5) the sharing of gross returns does not of itself Sharing
create a partnership, whether the persons sharing such "rtrrns.
returns have or have not a joint or common right or
interest in any property from which, or from the use
of which, the returns are derived;

(c) the receipt by a person of a share of the profits Effect of
of a business is prima facie evidence that he is a partner srobte ete.
in the business, but the receipt of such a share, or of a
payment contingent on or varying with the profits
of a business, does not of itself make him a partner
in the business; and in particular—

(i) the receipt by a person of a debt or other
liquidated amount by instalments or otherwise,
out of the accruing profits of a business, does not
of itself make him a partner in the business or
liable as such;

(ii) a contract for the remuneration of a servant
or agent of a person engaged in a business by a
share of the profits of the business does not of
itself make the servant or agent a partner in the
business or liable as such;

(iii) a person being a widow or child of a de-
ceased partner and receiving by way of annuity
a portion of the profits made in the business in
which the deceased person was a partner, is not,
by reason only of such receipt, a partner in the
business or liable as such;

(iv) the advance of money by way of Joan to a
person engaged, or about to engage, in any business
on a contract with that person that the lender shall
receive a rate of interest varying with the profits,
or shall receive a share of the profits arising from
carrying on the business, does not of itself make
the lender a partner with the person or persons
carrying on the business or liable as such:
Provided that the contract is in writing, and
signed by or on behalf of all the parties thereto;

(v) a person receiving, by way of annuity or
otherwise, a portion of the profits of a business