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efit of the said joint stock, and be brought thereinto ; and in case the said parties to these presents shall not agree to the number of what shall be printed, or the prices to be sold at, or to any other matter relating thereunto, that then the same shall be letermined by E. F. and G. H. gentlemen and stationers of — who are hereby authorised to determine the same, and their determination is hereby agreed to be conclusive to the said parties to these presents, and each of them shall be compelled to perform the same by a rule of court of at pur. suant to the statute in that case made and provided : And lastly, it is covenanted and agreed by and between the said parties to these presents, in manner aforesaid, that if any doubt, question or controversy shall arise between the said parties, for, about or concerning this present indenture of co-partnership, or any clause, proviso or agreement herein comprised or containec, or any defect or want of explanation, or any matter or thing relating to this co-partnership, then and as often as any such doubi, controversy or difference shall arise or happen, the same shall be referred to the determination of the said Ef and G H (if they shall be then living :) And in case of the death of either of them, then to two indifferent persons to be nominated and chosen from time to time by the said parties to these presents, within ten days after such controversy shall arise or happen (each of the said parties to chuse one) or else by an umpire, to be nominated by the person so chosen, in case the said persons cannot agree and compose the same; and that each of the said parties to these presents, and their respective executors and administrators, shall stand to, abide, perform and keep such order and determination therein, as the said E F and G H or the said indifferent persons to be chosen as aioresaid, or the said umpire so to be chosen as aforesaid shall make and give up; so as such order, judgment and determination of the said E F and G H or of two such indifferent persons, or umpire as aforesaid, of or concerning the premises, be from time to time made and set clown in writing, under the hands and seals of the said E F and G H or of the said two indifferent persons, or of the said umpire, within ten days next after such doubt, question or controversy shall be referred to them or him as aforesaid, which said determination is hereby agreed
to be conclusive to the said parties to these presents, and each of them shall be compelled to perform the same by rule of court of at pursuant to the said statute in that case made. In witness, &C.
Articles of Copartnership, for carrying on a Joint
(Common Form.) ARTICLES of agreement indented, &c. between A B A of of the one part, and C D of of the other part.
First, The said A B and C D HAVE joined, and by these presents do join themselves to be copartners together in the art or trade of - and all things thereto belonging ; and also in buying, selling, vending and retailing all sorts of wares, goods and commodities belonging to the said trade of which said copartnership is to continue from - - for and during, and unto the full end and term of from thence next ensuing, and fully to be complete and ended. And to that end and purpose, he the said A B hath, the day of the date of these presents, delivered in as stock the sum of and the said C D the sum of to be used, laid out and employed in common between them, for the management of the said trade of - to their mutual benefit and advantage. And it is agreed between the said parties to these presents, and the said copartners each for himself respectively, and for his own particular part, and for his executors and administrators, DOTH severally and not jointly covenant, promise and agree, to and with the other partner, his executors and administrators, by these pres. ents, in manner and form following (that is to say) That they the said copartners shall not nor will at any time hereafter use, exercise or follow the trade of aforesaid, or any other trade whatsoever, during the said term, to their private benefit or advantage, but shall and will from time to time, and at all times during the said term (if they shall so long live) do their and each of their best endeavours in and by all means possible to the utmost of their skill, power and cunning, for their joint interest, profit, benefit and advantage, and truly employ, buy, sell
and merchandize with the stock aforesaid, and the increase thereof, in the trade of aforesaid, without any sinister intentions or fraudulent endeavours whatsoever. AND ALSO that they the said copartners shall and will from time to time, and at all times hereafter during the said term, pay, bear and discharge equally between them the rent of the shop which they the said copartners shall rent or hire for the joint exercising or managing the trade aforesaid. And that all such gain, profit and increase that shall come, grow or arise for or by reason of the said trade, and joint occupying as aforesaid, shall be from time to time during the said term equally and proportionably divided between them the said copartners, share and share alike. AND ALSO that all such loss as shall happen to the said joint trade by bad debts, ill commodities, or otherwise, without fraud or covin, shall be paid and borne equally and proportionably between them. AND FURTHER it is agreed by and between the said copartners, parties to these presents, that there shall be had and kept from time to time, and at all times during the said term, and joint occupying and copartnership together as aforesaid, perfect, just and true books of account, wherein each of the said copartners shall duly enter and set down, as well all money by them received, paid, expended and laid out in and about the management of the said trade, as also all wares, goods, commodities and mer. chandizes by them or either of them bought and sold, by reason, or means, or upon account of the said copartnership, and all other matters and things whatsoever, to the said joint trade, and the management thereof, in any wise belonging or appertaining ; which said books shall be used in common between the said copartners, so that either of them may have access thereto without any interruption of the other. AND ALSO that they the said copartners, once in three months or oftener if need shall require, upon the reasonable request of one of them, shall make, yield and render each to the other, or to the executors of each other, a true, just and perfect account of all profits and increase by them or either of them made ; and of all losses by them or either of them sustained; and also of all payments, receipts, disbursements, and all other things whatsoever by them made, received, disbursed, acted, done, or suffered in their said copart
nership and joint-occupying as aforesaid, and the same account so made, shall and will clear, adjust, pay and de. liver each unto the other at the time of making such account their equal shares of the profits so made as afore. said. And at the end of the term of or other soon. er determination of these presents (be it by the death of one of the said copartners or otherwise), they the said copartners each to the other, or in case of the death of either of them, the surviving party to the executors or administrators of the party deceased, shall and will make a true, just and final account of ali things as aforesaid, and divide the profits aforesaid, and in all things well and truly adjust the same, and that they also upon the making of such a final account, and all and every the stock and stocks as well as the gains and increase thereof which shall appear to be remaining, whether consisting of money, wares, debts, &c. shall be equally divided between them the said copartners, their executors or administra. tors, share and share alike. In witness, c.
An Agreement to continue a Partnership.
RTICLES, &c. between M B of the one part, and A HP of the other part.
Whereas the said M B and H P have for several years last past been equally concerned together as partners or joint traders in the trade of , and in all profits and losses thereby. AND WHEREAS before sealing hereof, they have made up between them a full account and reckoning of and concerning the said trade, goods and debts belonging and owing to and by them on account thereof, containing all charges, profits and loss thereby, whereof each of them, hath tu the date thereof, paid and received one equal moiety or half part, and upon making up the said account, there appears to be remaining in stock, at the sealing hereof, in goods and debts owing on account of the said trade, the sum or value of which belongs to them jointly, and wherein they are equally concerned; out of which said stock are due and payable on account of the said joint trade, several debts amounting to AND WHEREAS the said parties intend to continue the said trade of — , in the dwelling house of the said M B in, &c. for years, with the said joint stock of, &c.
and to be concerned therein equally as to profit and loss. Now THESE PRESENTS WITNESS, that in consideration of the trust and confidence which the said parties have had and repose in each other, it is hereby declared, cove. nanted and agreed by and between the said parties for themselves, their executors, administrators and assigns, that the said parties are and will become and continue partners and joint traders in the trade of biscuit baking, and vending and selling of biscuits upon a joint and equal account between them, for profit and loss for the said time or term of years to commence from the date hereof, if both the said parties shall so long live. And IT IS AGREED, that all charges and losses, and all profits arising by and on account of the said joint trade shall be equally paid, received and borne by and between the said parties, and that the said M B for and in consideration of the rent of the shop and other conveniences wherein the said trade is driven, shall have and receive all benefit and advantage to be had and made by the bran arising by the four or meal used in the said joint trade as he hath hitherto received the same. And it is further agreed, &c. (that the parties be true to each other), and have not, shall not, nor will do or suffer any act or thing whatsoever, whereby or by means whereof any goods, monies or things belonging to the said joint trade, shall or may be extended, seized or taken in execution, but that each of them shall and will defend the said joint stock and trade from their own private and separate debts, and all damages by reason thereof. AND THAT accounts to be settled at the end of the term.] IN WITNESS, &c.
Indorsed on articles of Copartnership for continu.
ing the same, with other Covenants. THESE PRESENTS INDORSED WITNESS, That it is 1 mutually declared and agreed between the within named A and B for themselves, their executors and ad. ininistrators respectively, that the partnership and joint trade between them within mentioned, shall be continued between them for the term of years, from the expi. ration, (or you may begin thus :) We the within named A and B do by these presents indorsed, declare and mu