gence to advance and promote the said joint trade and stock, without fraud or deceit, and give their attendance upon the said trade: And also that the said A B his executors or administrators, shall have the full interest, right or property of, in and unto one moiety or half part of the said joint stock of books, copies, and other things belonging to the said co-partnership, and also of, in and unto all the gains, profits and increase which shall arise, happen, accrue or be made thereby or by the ordering or employing of the same, or by any credit or business to be by them managed or done as co-partners, and also shall bear and pay one moiety of all losses, costs, expences or damages, which shall at any time happen, arise or come, or be expended or laid out, in, about or concerning the said joint trade or co-partnership aforesaid, in any wise whatsoever: And that the said C D his executors or administrators, shall have the full interest, &c. of, in and unto the other moiety or half part, &c. [Here go on exactly in the same manner as in the foregoing clause.] and each of them the said A B and C D doth also for himself, his executors and administrators, covenant, promise, grant and agree, to and with the other of them, his executors and administrators, that the said joint stock and also the buyings, sellings, exchanging of books, dealings, gains, debts and credits which shall grow, arise, happen or be made, of or by means of the said joint trade, or any thing incident or belonging thereunto, shall from time to time, during all the said term of the said co-partnership, be duly entered and fairly written in some convenient book or books, to be kept for that purpose, within the shop wherein the said trade is to be driven or carried on, in such manner as men of the said trade use or ought to do; of which said books the said parties to these presents, and either of them, their respective executors or administrators, shall freely at all times, as well during the continuance, as after the expiration of the copartnership aforesaid, have the sight and perusal, when and as often as it shall be desired, and shall have liberty to transcribe and copy out all or any part thereof, without any let, hindrance or denial: And also that all bonds, bills, notes, specialties, and securities for money whatsoever, at any time to be made or taken for any matter or thing concern. ing the said joint stock or trade, and also all other things

to be sold, exchanged and delivered out of the said joint stock or trade, shall be made and taken in the names of the said A B and C D and for their joint and equal use and benefit; and also,that no more than a week shall be taken out of the said joint stock, by either of the said parties to these presents, until notice be given to the other of them; and that each of the said parties shall receive equally at the same time out of the said joint stock, and not the one more than the other of them, except only money to be, and which shall be necessarily, laid out in the said stock and trade, for the support of the said copartnership: And also, that all sum and sums of money to be taken out as aforesaid, either to be divided or used in trade, shall from time to time be entered into the said book or books, so to be kept as aforesaid: And also that no apprentice or servant shall be taken during the continuance of the said partnership, but by and with the joint consent of the said parties to these presents: And also, if any book or books, money, goods or other things in copartnership, shall be embezzled, purloined or spoiled by the apprentice or apprentices, or other agent or ser vant of the said parties to these presents, during the said copartnership, then and in such cases, the loss and damage thereby happening shall be equally borne and sustained by the said parties to these presents: And also, that neither of the said parties shall at any time sell or deliver out upon trust, and without ready money, to any person whatsoever, any part of the said joint trade and stock, to above the value of unless upon notice

given to the other party to these presents, and his Consent thereunto first had and obtained; neither shall either of them lend any money above the value of out of the said joint stock, without such consent as aforesaid but if goods of above

value shall be trusted, or money lent contrary hereunto the same shall be sustained or made good by him so trusting or lending the same, and not by the said joint stock: And also, that neither of the parties to these presents, shall without the consent of the other of them, release or discharge any debt, duty, sum or sums of money, or other things, which shall be due, owing or belonging to the said joint account, or any part thereof, or any securities given for the same, but only such and so much as

B

shall be actually received and brought into the said joint stock; nor shall compound or agree to accept part for the whole of any debt, duty or sum of money, to them upon the account aforesaid jointly owing or payable without the consent or approbation of the other of them thereunto [in writing] first had and obtained: And also that neither of the said parties to these presents shall at any time during the said copartnership, and before a final partition be made between them, become bound or be bail or surety for, with or to any person or persons whatsoever, either by bond, bill, judgment, statute, recognizance, promise, or otherwise, without the privity or consent of the other of them, thereunto [in writing] first had and obtained; and that there shall not be any new translation of any book or copy to the use of the said joint stock, nor any printer, stationer or bookbinder be employed in any thing relating to the said joint stock, without the consent of both the parties to these presents: And also, that the said A B and C D shall and will, once in every year, during the said copartnership, on the or within twenty days after, or oftener, at the request of either of them to that purpose, join with the other of them, and perform and do whatever to him belongeth, or in him lieth, for the making up and passing of a new, plain and perfect account and reckoning between them, of and concerning all their buyings, sellings, exchanges, printing, trading and dealings for, upon or by reason of the said joint trade, and relating to the said copartnership, and of all and every such stock, ready money and things as concern or shall be employed in or about the same; and of the gains, profits and increase thereof, and also of the charges, damages and expenses happening or accruing thereby; and likewise of all debts owing or payable by the said parties for, upon or in respect of the said joint trade and dealing; to the intent, that it may appear how and in what state and condition they stand, in reference to the said copartnership and joint stock; and upon the finishing and perfecting every such account, the same shall be fairly written into two several books for that purpose to be provided, both of which said books shall be subscribed by both the said A B and C D and one of them so subscribed shall remain with the said A B and the other of them with the said C D which said accounts so passed

any

and subscribed shall not be called into question, or be in wise controverted, unless some manifest error or mistake shall plainly appear to have therein escaped their notice, and that the same error shall be discovered in the life time of both the said parties, and not otherwise. Provided always nevertheless, and it is expressly covenanted, concluded and agreed by and between the said parties to these presents, and the true intent and meaning of the said parties hereunto is hereby declared to be, that if either of the said parties shall die, during the continuance of the said copartnership, yet nevertheless no benefit of survivorship shall accrue unto, or be had or taken by the survivor of them, in any wise whatsoever; any law, usage or custom, or any thing herein before contained, to the contrary thereof notwithstanding. But the one moiety of the ready money, stock and effects of the said copartnership, and the proceeds thereof shall come and be to the executors or administrators of such dying person, or such other person or persons as he shall otherwise dispose thereof to, and the other moiety thereof to the survivor. And it is further covenanted, granted, concluded and agreed upon, by and between the said parties to these presents, that if any debts shall be owing by the copartners upon the said joint accounts, such surviving partner shall, out of the ready money, or if there be not ready money, then as soon as money shall come in and become due, satisfy and pay the same: And after all the debts shall be paid, then such survivor shall forthwith pay so much money, as the part, share, or dividend of the goods of such deceased partner shall amount unto, upon a valuation to be made of the stock, by two indifferent men of the said trade: the one to be chosen by the survivor, and the other by the person who shall have a right to the deceased's share, and shall also account for and pay one moiety of all the debts, due to the copartnership, which he shall receive (he being first allowed his charges and expenses in and about the getting in thereof;) And it is hereby further covenanted and agreed, by and between the said parties to these presents, that within one month next after the end or determination of the said copartnership, if both the said parties shall be living, a final account, partition and division shall be made and passed by and between the said copartners, for and concerning all

such goods, monies and things, which shall be then due, owing and belonging unto the said joint stock and trade, or to the said parties to these presents, in respect thereof; and also of and for all such debts, dues or sums of money as by reason of the said joint trade shall be contracted, and be by them owing to any person or persons; and likewise of and for all the gains and increase, damages and losses happening or accruing by, through, or in respect of the said joint trade or copartnership, so that the state thereof may appear, and how much thereof shall belong to each party; and then after all debts and sums of money owing on the account, or by virtue of the said copartnership, shall be discharged and paid (and not before) the said A B, his executors, administrators or assigns, shall have and take to his and their own proper use and uses, one moiety (the whole into two equal parts to be divided) of all the money, goods and things then in stock between them; and the said C D, his executors, administrators or assigns, shall likewise then have and take to his and their own proper use or uses, the other moiety of the money and the goods and things then in stock between them; and it is further covenanted and agreed, that in case, at the end of the said copartnership, the money and stock shall not be sufficient to clear and discharge all the debts owing upon the account of the said copartnership, that then each of the said parties to these presents, his executors or administrators, shall pay one moiety thereof: And the said A B doth hereby covenant, grant and agree to and with the said C D his executors, administrators and assigns, that he the said A B, his executors or administrators, shall and will well and truly pay or cause to be paid one moiety thereof, and save and keep harmless the said C D his executors and administrators, of and from the same: and the said C D doth hereby covenant, promise, grant and agree, to and with the said A B, his executors and administrators, that he the said C D, his executors or administrators, shall and will pay, or cause to be paid the other moiety thereof, and also save and keep harmless the said A B, his executors and administrators, of and from the same: and it is further agreed, that the copies or books of either of the said parties to these presents, which shall be printed during the continuance of the said copartnership, shall be for the ben