sd coptnshp este (a)—25. That if either of the sd pties shall die before the expiration of the sd coptnshp the exs ads or ass of such decd ptnr shall have and rece from the surviving ptnrs the value of the clear balance which on the last half yrly acct shall appear due and owing unto the decd ptnr togr with an allowance of

per cent. thereon from the last settlemt of accts in the lieu of any prfts that may have accrued since such last day of settlemt And that such surviving ptnrs shall duly exte and deliver a bond at their expense for paymt to the exs or ads of the sd decd ptnr or ptnrs of such balance share or allowance with int on the gross amount thof from the day or respive days of his or their dece by three equal instalments in manner following that is to say one third thof at the end of calr mths from

Between

Bankers.

Dissolution

by death.

the time of the dece of such ptnr as afd with int one or. third thof at the end of calr mths with like int and the remaing or. third thof at the end of calr mths And that such surviving ptnrs shall by a bond or obligation in a sufficient penalty become jtly and sevly bd to the psl reptives of the decd ptor or ptnrs for effectually indemnifying the psl reptive of such deed ptnr or ptnrs from and agst all and evy the debts and engagements which shall be then due owing or subsisting by from or with regard to the sd coptnshp upon the psl reptives of such decd ptnr or ptnrs transferring assigning and releasing to the surviving ptnrs the share and int of the decd ptnr in the coptnshp stock credits effects and prfts unto the sd continuing ptors (save and except and witht prejudice to the right and int of the sd reptives under the bond so agrd to be exted) (b)-26. "Dissolution That if any of the sd coptnrs shall at any time be found by reason of lunacy.

(a) If it be so agreed, add, 'That in case the sd A (or B, &c. as the case may be) at any time before the time hby limited for the expiration of the sd term of yrs shall be desirous of retiring and relinquishing the sd business and shall assign and give up his share and int in the sd jt trade to the sd or. coptors or the ptnrs for the time being Then and in such case it is hby decld and agrd by and betn the pties hereto that the sd or. coptnrs or the ptors for the time being shall and will well and truly pay or cause to be pd unto him the sd A or his ass an annuity or clear yrly sum of £- during the life of A (or B, &c.) by four quarterly paymts on the day of and the, &c. free from all deductions whatsr And also the sum of £as and for the capital stock of the sd A in the sd jt trade within yrs thereafter And furr that they the or. coptars or the ptors for the time being shall and will upon the request of the sd A exte and deliver unto the sd A a bond in a sufficient penalty for paymt of the sd annty or yrly sum of £ —

yrs shall

(b) If it be so agreed, add,fhat in case either of the sd coptnrs dying before the expiration of the sd term of leave a widow (child or chiln, &c. as the case may be) him surviving then the surviving or continuing ptnrs for the time being shall and will during the life (or lives) of such widow (child or

Between lunatic (a) Then and in evy such case it shall be Iful Bankers. for the continuing ptnrs or the major pt of them at

any time thraftr by any writing under their hands to be delivered to the committee of the sd lunatic or left at his last or usual place of abode to determine and dissolve the sd coptnshp as to such ptnr and to take to and purchase his share in the coptnshp capital and effects and make such arrangements in all or. respects in the event of such lunacy as is hnbefe mentd in the Continuing event of the dece of any ptnr-27. That when and so partners to soon as the sd coptnshp shall be determined as to any supply defione or more of the sd coptnrs by his or their death or ciency of capital. orwise before the expiration of the sd term of yrs the original and also the derivative shares shall belong to the surviving or continuing ptnrs in proportion to their original shares in the capital stock of the sd coptnshp and the surviving and continuing ptnrs shall in the same rate and proportion replace and supply the pt or share or sevl pts and shares of and in the capital stock or sum of £- as afd which shall be drawn from the sd coptnshp by or on acct of the pty Dissolution so dying or leaving-28. That upon the expiration of by effluxion the sd coptnshp by effluxion of time a general acct or

of time.

rest in writing shall be made and taken by and betn the present and any surviving and continuing ptnrs of all and singr the mos credits este and effects whatsr which shall be due owing or belonging to the sd coptnshp and also of all debts due and owing by or from the ed coptnshp to any psn or psns whomsr (b) chiln and the life of the survor of them) or during the remr which shall then be to come of the sd term of yrs whichever shall first happen well and truly pay or cause to be pd unto the sd widow (child or chiln) the yrly sum of £- by four equal quarterly paymts in such manner as the pty so dying shall by his last will and testmt direct and appt and the surviving or continuing ptors shall exte a bond in proper form for paymt thof'

Or, if it be so agreed, add, And in deft of apptmt the exs and ads of the ptnr so dying shall have and enjoy his pt or share in the sd jt trade and the mos debts and effects thof either for himself or themselves or in trust for any or. psn or psns as in such writing or will shall be directed Provided nevss, &c. (See Copartnership between Wharfingers, Art. 30.)

(a) As to the necessity of this stipulation, see Pref. § 13.

(b) If it be agreed that the continuing partners shall purchase the shares of those retiring, then, instead of what follows, say, "Then the share or respective shares of the ptnrs retiring from the sd coptnshp may be taken by the or. of them the sd ptnrs or the ptnrs for the time being and the amount of the value of the retiring ptnr or ptnrs of and in the sd ptnshp property shall be pd to him or them or his or their exs or ads by the surviving or continuing ptnrs within calr mths after such value shall be ascertained with int for the same in manner following, &c. and the continuing ptnrs shall give the like bond secty and indemnity as is hnbefe provided in the event of the dece of either of the sd pties.'

And upon the closing and settling the accts each of Between them the sd ptnrs shall forthwith pay or make pro- Bankers. vision for the speedy paymt and satisfaction of their respive shares of all such debts as are due and owing by the sd coptnshp as can or may be immly discharged and shall lay out and invest in the purchase of capital stock in the 3 per cent. consolidated Bk annties in the jt name or names of some trustee or trustees to be apptd by them so much money as shall be sufficient to answer pay and satisfy all outstanding notes and or. debts due and owing by the sd coptnrs and shall from time to time sell and dispose of the same stocks or funds or a sufficient pt thof for the discharge of the sd outstanding notes and debts last mentd when and as the paymt of the same shall be demanded and required And then the residue of the effects togr with the debts and mos due and owing to the sd coptnshp shall be parted and divided betn the sd ptnrs in proportion to their respive shares and ints and after such partition or division shall be made the sd surviving and continuing ptnrs shall reciprocally assign to each or. the respive shares and ints which shall be allotted to them of and in the sd credits sums of money and effects with full power to recover and rece the same such assnmts teing prepared at the expense of the pty requiring the same And that after such division and assignment neither of the sd surviving or continuing ptnrs shall or will rele or discharge the credits which shall be allotted to the or. or ors of them witht the consent of the psn or psns to whom the same shall be resply allotted his her or their exs or ads-29. That upon the entire or Notice of partial dissolution of the sd coptnshp under any of the dissolution. provisions herein contd a notice of the determination of such coptnshp shall be signed by all the ptnrs and inserted in the London Gazette and sent to the sevl customers of the sd coptnshp And that if any of the sd ptnrs shall neglect or refuse for the space of days after being thereunto requested by any or, or ors of them to sign such notice or shall by reason of lunacy illness or absence from the kingdom or orwise be unable to sign the same Then and in evy such case it shall be lful for the or. ptnrs to sign such notice in the name and as the atties of the ptnr or ptnrs so neglecting refusing or being incapable to sign the same 30. That in all questions and differences which may Differences happen to arise betn the sd ptnrs touching and concern- to be deing the sd jt concern or the management or regulation thof the determination of the major pt shall be final unless the ors of them or any of them shall be desirous

cided by

majority.

clause.

Between of referring such matters to arbitration according to Bankers. the provision hnaftr in that behalf contd and shall within days after such determination give notice of Arbitration such his desire-31. That if any doubt difference or question shall at any time hraftr arise or happen betn or amongst the sd pties to these prests or any of them or betn them and the exs or ads of the or. or ors of them touching any thing relating to any acct rest valuation or appraisement herein before provided for or touching the construction of these prests or any or. matter or thing relating to the sd coptnshp or the business thof and such doubt or difference shall not be decided or settled betn or amongst themselves within one calr mth after the same shall have arisen Then and in evy and any such case and when and so often as the same shall happen such doubt difference or question shall upon the request of any of the sd coptners or their or any of their exs or ads from time to time be reduced into writing and be referred to the arbitration of three indifferent and competent persons the one to be chosen by one pty in difference and the or. of them by the or. pty and the third by the two psns who shall be first chosen within calr mths next after such request and the award order and determination of the sd three psns or any two of them in the matter or matters referred to them shall be binding and conclusive upon all the pties in difference and their respive hrs exs ads and ass and shall be performed observed and kept by them accordingly witht any furr suit or trouble whatsr SO as such award order or determination be made or set down in writing under the hands and seals of such three psns or any two of them within the space of twenty-one days next after all the sd three psns shall have been so appted as afd And such referees or any two of them shall have full power and authty if they shall think fit and witht any reason to be assigned for that purpe to dismiss any one or more of the pties to such reference from the sd coptnshp and to prescribe the time and manner of such dismissal And in case any of the sd pties to whom such request shall be given as afd shall for the space of two calr mths next after such request refuse or neglect to nominate or appt a referee it shall and may be lful for the pty making such request to choose some indifferent and competent psn to act as referee on the pt of the pty so refusing or neglecting and the two psns who shall be so chosen as referees as last hnbefe is mentd shall thereupon choose an umpire betn them And the award or determination of such referees shall to all intents and

purps be as valid effectual binding and conclusive as if the sd psn so chosen referee had been nominated and appted by the pty to whom such request shall have been given In Witness, &c.

Copartnership Deed between Brewers.

Between

Brewers.

Recital

that busi

ness is car

to admit

the others as partners.

Capital

This Indre made, &c. Betn A B of, &c. of the first pt C D of, &c. of the second pt E F of, &c. of the third pt and G H of, &c. of the fourth pt Whas the sd A B hath for some time since the death of his father exercised and carried on and doth now carry on the trade of carried on. a common brewer in the messe or tent and warehouses, &c. of him the sd A B situate in, &c. And whas the sd Agreement A B hath agrd to admit the sd CD, E F and G H into ptnrshp with him in manner hnaftr mentd And whas the sd pties have agrd to make up in money and effects a capital stock of £ to be employed in the coptnshp stock to business and the sum of £ being four-ninth pts of consist of that sum (the whole in nine pts to be divided) are con- £ tributed by the sd A B the sum of £ being threeninth pts of the same sum are to be contributed by the sd C D the sum of £ being one-ninth pt thof by the sd E F and the sum of £ being the remaining ninth pt of the same sum by the sd G H And whas Valuation the sd A B is possessed of the stock and effects em- of the stock ployed in the sd trade consisting of such cash debts securities for money and such horses drays casks beer malt hops coals goods implements utensils and publichouses held under leases and such or. articles as are resply specified and valued in a book which is called the Rest-book and which hath been signed by the sd pties in testimony of their approbation of the accuracy Approved of the sd book and of the valuation therein contd And by the parwhas the sd A B was on the day of several debts or sums of money due and owing to him in his sd trade or business all which are specified in the sd book and are to be considered as pt of the sd capital of and as belonging to the sd coptnshp And whas Debts due on the sd day of sevl debts were due and owing from A B.

entitled to

from the sd A B in the course of the sd trade and the sd debts and sums of money last mentd appear in the sd Rest-book and the valuation therein comprised is accordingly framed with a proportionate deduction from the sum total of the valuation of the sd articles so specified and valued in the sd Rest-book and therefore the sd debts and sums of money so due from the sd A B as afd are from the commencement of the sd ptnrship to be considered as debts due from the same and so paye

of said A B.

ties.

Debts due to A B..