tions by them mutually entered into each of them the Copartsd (B) and (0) by these prests doth bind himself unto nership. the other of them in the penal sum of £ by way of liquidated dams. In Witness whereof the sd (B) and (0) have put their hands and seals the day and year first above written. Builder [LS] Agreement to enter into Copartnership at some Obs. 1. It seems that a court of equity will decree the specific performance of a contract for a copartnership, provided it is to continue for a definite period; Buxton v. Lister, 3 Atk. 383. Anon. 2 Ves. 629; but not otherwise, Walker v. Harris, 1 Anstr. 245. 2. In an agreement of this kind should be inserted all conditions and covenants which are not usual, as for instance, in regard to survivorship, since the good-will of a profession, if not of a trade, will survive on the death of either party. Farr v. Pearce, 3 Madd. 74, This ought therefore to be provided for by express stipulation. As to copartnership, see further Copartnership. day of next ment. Articles, &c. (see p. 15) Betn A B of, &c. of the one Parties. pt and C D of, &c. of the or. pt. Witness That the sd A B doth hby agree to take the sd C D into coptnship with him in his trade or business of for the space of 7 yrs and to assign to him a moiety of his int. in the house wherein the sd trade is now carried on the sd coptnshp to commence from the ensuing on the terms and condons follg that is to say Terms of that the sd C D shall pay to the sd A B on or before agreethe sd day of the sum of £ - — as a premium or fee to be admitted into the sd coptnshp. That the stock in the sd trade shall be valued on or before the day of by two indifferent persons one to be chosen by the sd A B and the other by the sd C D and in case they cannot agree by an umpire to be chosen by the sd arbitrators. That the said C D shall advance a sum equal to half the amount of the sd valuation to be pd within the space of cal mths after the commencement of the sd coptnshp. That a proper deed or instmt in writg shall be prepared within the space of six weeks from the date of these prsts at the jt expense of the sd pties in which deed it shall be provided and decld That the capital stock shall consist of £— and that if either pty be minded to bring in a furr capital the sd jt stock shall be liable to make good the same with int after the rate of 5 per cent. per ann. neither of the pties shall at any time during the continuance of the sd term be concerned in any or. trade. That all the insurable pt of the stock shall be insured at the expense of the jt trade. That no apprentices That Deed of copartnership to be executed. Covenants and clauses to be inserted in the deed. Debtor and Creditor. Parties. Debtor agrees to pay trus tees. shall be taken nor servants dismissed or hired witht the mutual consent of the sd pties. That the premiums with apprentices shall be added to the jt stock. That books of accts shall be kept in the usual manner and be open to the inspection of the sd pties. That true and just accts of the jt trade shall be made half yrly and the surplus proceeds be divided equally and proportionally between them. That neither of the pties shall apply the ptshp mons to his own use nor buy and sell accept and give bills compound and release debts nor do any or. thing to affect the jt trade witht the consent of the or. That if either of the sd fties shall happen to die bfre the expiron of the sd term no bent of survorshp shall accrue to or be taken by the or. of them. disputes shall be referred to arbitration and all or. covts provos and stipulations clauses and agrments shall be inserted as are usual in deeds of coptship of a like kind. In Witness, &c. That Agreement between a Debtor and his Creditors to Pay his Obs. As to the force and efficacy of such an agreement, see Articles, &c. (see p. 15) Betn (debtor) of, &c. of the first part A B of, &c. C D of, &c. and E F of, &c. of the second part creditors of the sd (debtor) and (creditors) of the third pt. Whas the sd (D) on the day of the date of these presents stands justly indebted to the sd (C) in the sevl sums of money followg [Here recite the amount of debts to the several parties] and the sd sevl crs above named at the request of the sd (D) do resply agree to accept and take their respive debts in the manner and proportion as is thinafter mentd. Now these Presents Witness That the sd (D) for himself his hrs exs ads and ass doth hby covt promise and agree with and to the sd pties of the second and third pts their respive exs ads and ass that he the sd (D) his hrs exs or ads or some or one of them shall and will by and with the consent direction nomination and appntmt of his sd or. crs testified by their being made pties to these prests and their sealing and delivering of the same well and truly pay or cause to be pd unto A B, C D and E F their exs or ads or some or one of them the full sum of £ of lful money of Great Britain on the day of next ensuing the date of these prests or within three days after and the furr sum of £ on the day of every mth then next and successively followg until the sum of £ - being part of the sd sum of £ which is in be thby pd and satisfied. And shall and Debtor will likewise pay or cause to be pd unto the sd A B, and CreCD and E F their exs or ads or some or one of them ditor. the furr sum of £— on the day of the year 13 being the residue and in full satisfaction and discharge of the afd sum of £—and of all or, sum and sums of money due and owing to the sd (C) resply or any of them. Upon special trust and confidence nevertheless and to the intent and purpt that the sd A B, CD and E F shall and will upon demand pay and satisfy unto each and evy of the sd crs above named a just due and equal pt or share of all such sum or sums of money as shall from time to time be so pd to them or either of them resply by the sd (D) in proportion to the sevl debts hinbefe mentd to be due to them the sd A B, C D and E F and the rest of the crs resply And Creditors the sd crs for themselves sevlly and resply and for their agree not sevl exs ads and ass and not the one for the or. of them to sue. do and each of them doth hby covt and promise with and to the sd (D) his exs and ads that until deflt shall be made by the sd (D) his exs or ads of or in paymt of the sd sum or sums of money hinbefe covtd to be pd or of some pt thof contrary to the true intent and meaning of the sd covt they the sd crs above named or any of them or any of their exs or ads resply shall not nor will sue arrest imprison implead or attach the sd (D) his hrs exs or ads or any of their or his lds tenmts goods or chattels or any pt thof for or upon the acct of the sd sum of money or any or. sum or sums of money now due or owing to them or any of them in any wise howser. And in case the sd crs their exs or ads or any of them resply shall before such deflt made act or do contrary to the sd covt he the sd (D) shall be and is hby for ever acquitted and relsd of and from all sums of money bills bonds accts and demands whatsr due owing or belonging to or which may or might be asked claimed or demanded by such of the sd crs resply so acting or doing contrary to the sd covt for any matter cause or thing whatsr unto the day of the date of these presents. And the sd (D) doth hby covt and promise with and to the sd A B, C D and E F, and the rest of the sd crs above named that within the space of days next after they the sd crs above named have sealed and executed these presents he shall and will deliver to and leave with them the sd A B, C D and E F or one of them a true acct of all his stock and effects and of all the debts now due and owing to him from any person or persons whomsr togr with an acct of the names and places of abode of the sevl pties owing the same. In Witness, &c. Debtor covenants to deliver in an account. Exchange. Recital of title. to make exchange; to furnish abstract; Agreement for an Exchange. Obs. As to the nature of an exchange, see Exchange. As to the stamp, see Agreement, Pref. § 10. Articles of, &c. Betn A B of S of the one pt an:l CD of, &c. of the or. pt. Whas the sd A B is seised to him and his hrs (a) of certain lds situated at in the co. of and the sd CD is also in like manner seised to him and his hrs of certain messes or Agreement tents and lds situate, &c. And whas the sd A B and CD have agrd to make an exchange of their respive preses and heredts (b) Now these Presents witness That each of them the sd A B and C D each for himself his respive hrs exs and ads doth hby covt promise and agree with and to the or. of them that he shall and will on or before the day of next at his own expense make or deliver or cause to be made and delivered unto the or. of them a full complete and perfect abstract of their respive titles to the sd preses to be exchd. (c) And if the counsel of the respive parties shall be of opinion that each of them the sd A B and CD has a good title to his respive preses that each of them the sd A B and C D shall and will on or before the now next ensuing exte at the expense of the or. of them such conveyances and assurances togr with all necessary covts as shall by their respive counsel be reasonably advised the sd CD likewise receiving the sum of £ for equality of exchange. (d) And lastly that each of the sd pties shall be entitled to the rents and profts of the said preses so to be to them rsply assured from the to execute convey ances mu tual; to receive rents, &c. day of day of (a) If the premises are copyhold, recite Whas the sd A B is seised to him and his heirs according to the custom of the manor of certain copyhold or customary lands situate, &c. And the sd CD is also seised of, &c.' If leasehold, recite Whas the sd A B is possessed of a certain messe or tent and preses situate, &c. and held by a certain indenture of lease bearing date on or about the day of 18 and made between (lessor) of the one part and sd A B of the or. part subject to the rents and covenants therein contained on the pt of the lessee or tenant to be pd done and performed. And the sd C D is also, &c.' See Exchange, Pref. (6) If the premises are leasehold, omit the words 'hereditaments.' (c) If the premises are leasehold, say 'But in this abstract the sd AB or C D shall not be required to show his lessor's title.' See Agreements for a Lease, Obs. 6. (d) If it be so agreed, say 'And it is hereby mutually agrd betn the sd pties that it shall be expressly declared in the sd conveyances that neither of them the sd AB and CD shall re-enter on the lds conveyed in exchange in consequence of any defect of title.' See Exchange, Pref. § 2. now next ensuing up to which time all taxes rates and or. chas whatsr paye in respect to the sd preses shall be pd by the pty conveying the same. In Witness, &c. Agreement by Trustees to convey a Parcel of Land by way of Substitution for the Rights of Common. days of Exchange. Recital of convey ance to trustees; power of sale; Articles of, &c. (see p.15) Betn (trustees) of the first pt (owner of the land) of the second pt and A B of the third pt. Whas by indres of lease and rele bearg date resply the 18 the rele being made or expssd to be made betn the sd (0) and M his wife of the one pt and the said (T) of the or. pt and by virtue of a common recovery suffered in or as of term 18 in which the sd (0) and M his wife were vouched The manor of M in the parish of and divers lds tents and heredts thin described situate, &c. were conveyed limited and assured to the said (T) their hrs and ass In trust to sell the same and to stand possessed of the mos to arise by such sale or sales Upon and for the trusts interests and purps thin expssd and decld of and concerning the same. And by the in pt recited indre it was decld and agrd That it should be lful for the sd (T) and the survor of them his hrs and ass at any time or times previously to the sale of the whole of the preses thby made saleable as afd with the consent and by the direction of the sd (0) his hrs or ass to be testified in writing under his or their hand or hands to convey surrender or assure any of the same heredts or such of them as shd remain unsold under the trusts therein before contained for or in lieu of or by way of substitution or exchange for any or. heredts or for such or. equivalent or recompence in lds tents or heredts as shd be thought expedient and to make and exte all such conveyances and assurances as shd be requisite and necessary to effect and complete such exchanges as are thinbefe mentd And also to receive any sum or sums of money by way of equality of exchange. And that there whas no sale hath hitherto been made in pursuance of has been the sd in pt recited indres of lease and release And no sale. whas there are within the sd manor divers commons and waste lds which are subject to the rights of common belonging appurtenant or attached to divers messes lds tents or heredts in the parish afd and it is in the contemplation of the sd (0) and his (T) with the consent of the respive proprietors of the sd messes lds tents or heredts to apply for an Act of Parliament for dividing allotting and inclosing the same commons and waste lds And whas the sd A B is seised of or entitled Recital that lands are subject to rights of common; |