turers. account consent. shall and will bear sustain pay and discharge all debts Between and obligations rents taxes purchases wages frauds im- Manufacpositions dams losses bad debts and all or. incidental chas and exps (a) in equal moieties out of the sd jt stock and that the buildings utensils apparatus and all or. the ptnrshp property of a perishable nature shall at all times be insured out of the mos of the sd coptnshp business agst loss or damage by fire in some one of the public offices of insurance in the cities of London and Westminster in the name or names of one or more of the sd ptnrs and the mos to be recd from the office of insurance under the policy in the event of loss or damage by fire to the sd coptnshp shall with all convenient speed be laid out in repairing (or rebuilding,' as the case may be) all the sd buildings, &c.-7. That nei- Not to ther of the sd pties shall or will at any time hraftr charge the charge the acct of the sd coptnshp with any other or partnership more costs chas or exps than such only as shall be per- without taining thereto and as shall have been necessarily disbursed engaged for or incurred therein nor take or draw from the sd coptnshp any furr sums of money or or. effects and things whatsr than such as shall be so necessarily disbursed or incurred and that witht covin on any acct or pretence whatsr-8. That neither of the sd pties shall at any time rele discharge or compound for any debt due to them on their jt acct or any secty given for the same witht the consent of the ors of them-9. That neither of the sd pties shall during the sd term lend any money nor become co-obligor with or bail or or. secty for any or. psn or psns whomsr either by bond bill note letter undertaking pledge promise agrt or in any or. manner howsr nor draw accept or indorse any bill of exchange or promissory note for any sum whatsr nor sell assign or assure his (b) moiety or share of and in the same jt trade and manufactory or any pt thereof to any psn whomsr nor sign and give any cognovit warrant of atty judgmt or or. instrument for any conson witht the previous consent privity and approbation of the or. of them first in writing for that purpe had and obtained-10. That these prests shall not be deemed Provision or construed to create any furr int or or, concern betn the sd pties of in or to any or. este or concern whereof nership. or wherein they may be possessed or interested but only in the sd jt concern hnbefe specified and the property belonging thereto-11. That all inos which shall Monies be advanced by either of the sd pties to the sd jt con- brought in. (a) According to their respive shares and ints in the sd coptnshp.' (b)His or their respive share or shares of, &c.' restricted to the part Between cern at the request and with the privity of the or. of Manufac- them and all sums which either of them shall with the turers. privity and consent of the or. of them suffer to remain Books and securities deposited on the premises. A B to draw weekly. in the sd jt concern which by the rules herein prescribed (a) Or, in the case of several, according to their shares and proportions.' (b) Where there is an acting partner, and several dormant partners, and it be so agreed, say,That the sd D shall be at liberty to draw out of the prfts of the sd jt concern weekly for and towards his private exps the sum of £ which sum shall be carried to his debit And the sd A, B, C shall be at liberty during the first yrs of the sd coptnshp as a return for their respive shares of the sd capital sum of £ -so by them brought in as afd to draw, &c. as above and that all such prfts as may arise and be considered as due to them or each of them in respect of his share and int in the sd jt concern over and above the sd - per cent. shall remain, &c.' as above. or Between turers. moiety of the sd jt concern over and above the sd £ per cent. shall remain in the sd jt concern as an in- Manufaccreased capital and shall not be drawn out during the sd period of yrs-16. That they the sd pties shall at Mutual acthe expiration of the sd first yrs from the day of count. the date of these prests once in evy year during the continuance of the sd coptnshp on the day of within days then next following come to a fair plain and perfect acct in writing of and concerning all matters relative to the sd coptnshp and of all transactions mos recd and pd or to be recd and pd debts due and owing to and from them secties for money or property stock in trade utensils and effects losses dams chas and exps whatsr to the end that the true state of the sd jt concern may appear and the same accts when fairly transcribed shall be signed by both the sd pties and shall then be conclusive betn them and shall not be unravelled unless any error be discovered therein to the amount of £ And such balance or sum of money Option in case of death. as upon the taking of such acct shall be found and acknged to be the share of each of the sd pties shall be carried to his respive and separate acct-17. That at Final acthe close or termination of the sd coptushp or within count. days then next following a final acct and partition shall in like manner be taken and made betn them of the whole balance thereof and upon the making, &c. (see Gen. Precedent, Art. 15)—18. That in case of the death of either of them the sd pties before the expiration of the sd coptnshp a true and correct acct shall be then made betn the survor of them and the exs or ads of the pty so dying and the survor (a) shall have the option of taking the whole of the sd ptnrshp property at the rate or value at which the same shall be then appraised or valued on paying one moiety (b) of such valuation to the exs or ads of such decd pty-19. That Dissoluif either of the sd pties shall at any time during the sd tion. term of yrs be minded and desirous of putting an end to the sd coptnshp hby created he shall be at liberty so to do on giving mths notice in writing to the or. (c) of them of such his mind and intention whereupon a final acct shall forthwith be made in like manner as hnbefe directed and the pty (d) continuing shall have the privilege of taking to the whole of the ptnrshp concern and property at the rate at which the same shall (a) Or, where there are several partners, or the survors of them.' (b) Or, 'his or their share or shares of such valuation.' Between Proprie tors. Arbitration. Division. Mutual releases. Neither party to be chargeable but for wilful defaults. Penal clause. B. and G. to furnish coaches. be appraised and valued on paying (a) one moiety of such valuation to the pty so relinquishing the same20. That if any doubt dispute or difference shall arise betn the sd pties or betn them and any or. psn with whom they have any dealings or transactions the same shall be referred to the arbitration, &c. (see Gen. Precedent, Art. 19)-21. That upon any such final acct or award the sd A B and C D (b) their exs or ads shall forthwith pay and divide or cause to be pd or divded each to the or. of them such sums of money debts and effects as the case shall require or shall secure such sums to be pd by such secties as shall then be dictated by any such award or be agrd upon by the party to whom the same shall be due and owing-22. That upon payment of such mos or delivery of such effects or giving secties for the same resply as afd the sd pties hereto shall exte to each or. mutual releases and discharges and deliver up these prests to be cancelled-23. That neither of the sd pties their exs or ads shall at any time or times be chagd or chagbe by virtue of these prests for any loss damage paymt or mischance unless the same shall arise from his own wilful neglect deft or procurement-24. Finally that for the due and punctual performance of all and evy the clauses and agrts hnbefe contd and expssd the sd pties do hby bind themselves in the sum of £ — by way of liquidated dams (see Agreements, Pref. § 9) In Witness. Agreement for Setting up and Horsing a Stage Coach. Obs. Coach proprietors, common carriers, and wharfingers who are jointly interested in the profits, are jointly liable as partners to the passengers, or the persons sending goods; Fromont v. Coupland, 9 Moore 319, S. C. 2 Bing. 170. Waland v. Elkins, 1 Stark. 172. Dry v. Boswell, 1 Campb. 329. But where parties agree to horse a coach for certain specified distances, they are not jointly liable for goods furnished to one partner, for the use of the horses drawing the coach along his part of the road; Barton v. Hanson, 2 Taunt. 49, S. C. 2 Campb. 97. day of Articles of Agreement had made, &c. Betn B and G of, &c. coachmakers of the first pt L of, &c. and C of, &c. of the second pt and the sevl psns whose names are mentd in schedule A here under-written of the third pt Witness That at a meeting lately held at the inn at G on the last past by the sevl pties hereto it hath been agrd betn them to start a light four-horse stage coach to be called daily (Sundays excepted) to and from G to L upon the sevl terms and condons following that is to say 1. That they the sd B and G shall and will forthwith and also (a) Or, 'his or their share or shares of such valuation.' (b) A, B, C and D. Between Coach Proprie tors. once in evy seven yrs from the date hereof at their own costs and chas furnish and provide in a substantial and workmanlike manner a newly built stage coach properly built and constructed painted and varnished lined and finished and in all respects fit for the accommodation of four inside and ten outside passengers to be drawn by four horses from G to L And also anor newly built coach on the like construction and for the like purps from L to G And also shall and will be answerable for all repairs and evy or. necessy in and towds the travelling and use thof at and for the daily price or sum of 2s. 6d. per mile for each of the sd coaches to be pd to them by the sd L and C in manner hnaftr provided And that they the sd B and G shall and will at their own like costs and chas [in case of any accident or damage happening to either of the sd coaches or any pt or pts thof forthwith and immly upon notice thof being signified to them furnish and provide anor coach or coaches or] do and perfect all such repairs cleansing and greasing of wheels and amendments consequent to wear and tear when the same shall be requisite and no furr and shall cause the same coaches to be painted and varnished in a workmanlike manner with the proper names of the proprietors thereon once in evy twelve mths-2. That Coach from one of the sd coaches shall be started by the sd L from L. to G. the sign of the Crown at L on the day of next ensuing at the hour of nine in the morning and shall be started from thence daily at the same hour and be con veyed witht any needless delay by stopping or orwise from thence to the sign of the Bell at G-3. That the From G. or. of the sd coaches (from G to L as above) — 4. That to L. the sd L and C shall take and demand of and from inside Fares. and outside passengers the respive fares or sums mentd in schedule marked B here under-written-5. That proper books shall be kept by the sd L and C resply in their sd offices wherein shall be entered the names sums and distances of travelling of evy passenger and of evy parcel taken in and conveyed by both the sd coaches And that daily way bills shall be copied therefrom Entries and signed by them or any or. psn duly authorised so to do way bills. and delivered to the respive drivers of the sd coaches to be by them carried and delivered in with the sums which they shall have recd corresponding therewith to the sd C and L upon their arrival at G and L resply and that the sd way bills shall be filed and preserved togr with the sd books of entry for inspection of any or either of the proprietors in the respive coach offices of C and L-6. That the sd respive coaches and drivers Excise. |