Dissolu

tion.

Further

assurance.

Not to car

ry on the

same trade.

to be And that he the sd A his exs or ads shall and will at all times hraftr at the request cost and chas of the sd B and C make, &c. all such furr or or. acts, &c. for the more effectually vesting in the sd B and C or their exs ads or ass the preses hby assd or intended, &c. as the sd B and C or their exs ads or counsel in the law shall reasonably advise and require And (a) moreover that he the sd A shall not nor will at any time or times hraftr within the space of yrs to be computed from the date of these prests either for or on acct of himself or any or. psn or psns whomsr either directly or indirectly serve or solicit to serve either directly or indirectly any psn or psns whomsr who now is or are a customer or customers of the sd pties hereto as coptnrs afd with any articles or commodities whatsr which they the sd pties now do or have been hitherto used or accustomed to vend or deal in nor will set up carry on or exercise by himself or with any or. psn or psns the trade of or any branch thof within the distance of And they the sd B and C for themselves jtly and sevlly Covenants and for their respive hrs exs and ads do hby covt, &c. from conwith, &c. the sd A his exs ads and ass that they the sd tinuing

miles afd

calr

partners.

sums se

cured.

To satisfy debts, &c.

B and C or one of them their or one of their hrs exs or ads shall and will well and truly pay the sevl sums of To pay £ and £ — for which the sd bond was so given as afd at the times and in manner appted for the paymt of the same And shall and will within the space of mths now next ensuing pay and satisfy or cause, &c. all and evy the debt and debts and sums of money bill and bills of exchange dues claims and lful demands whatsr which now is or are or which shall or may at any time hraftr be or become due or paye by or from the sd A, B and C or either of them for or in respect of the sd coptnshp or the stock or effects thof and shall and To indemwill from time to time and at all times hraftr well and nify retirsufficiently save defend and keep harmless and indem- ing partner. nified the sd A his hrs exs and ads and his and their lds and tents goods and chattels of and from the sd debts contracts and engagements and of and from all and all manner of actions suits and proceedings which shall or may be had or prosecuted agst him the sd A his exs or ads either solely or jtly with the sd B and C And also of and from all costs chas dams and exps which he or they shall sustain or be put unto by reason or on acct of the sd coptnshp or any thing relating thereto or on acct of the assnmt hnbefe made And that they the sd B and C or one of them shall and will at the

(a) As to the legality of this provision, see p. 162; and as to its necessity, see Pref. § 14.

Dissolution.

receipts.

reasone request and at the costs and chas of the sd A produce or shew forth unto him or them or any or. psn or psns for him or them lfully authorized on that To produce behalf or permit and suffer him or them at the counting house of the sd B and C to take copies or abstracts of all and evy or any rects acquittances discharges documents and evidences of any paymt or paymts of for or on acct of any debt or sum of money now due or growing or becoming due from the sd coptnshp or from him the sd A in respect thof for the purpe of manifesting or authenticating the paymt of the same And each of them the sd A on the one pt and the sd B and C on the or. pt subject and witht prejudice to the covts hnbefe contd do hby acquit rele and discharge the ors and or. of them of and from all and all manner of actions and causes of action suits accts sums of money claims and demands whatsr either at law or in equity which any or either of them the sd A, B or C their exs or ads now have or hath or may have agst the ors or or. of them their or his hrs exs or ads for or by reason or on acct of the sd coptnshp or of any of the covts and agrmts contd in the sd recited indre mentd and contd In Witness, &c.

Mutual releases.

Recitals.

lution.

Account settled.

Deed of Dissolution between a retiring and a continuing
Partner, (Short Form)

This Indre made, &c. Betn A of, &c. of the one pt and B of, &c. of the or. pt Whas (recite copartnerAgreement ship) And whas the sd A and B have mutually confor a disso- sented and agrd to dissolve the sd coptnshp on the day of the date hereof and that the sd B shall quit and give up the sd trade to the sd A and also the jt stock upon the terms and condons hnafter mentd expssd and decld And whas all accts relative to the receipts and disbursements of the sd jt trade and of all sums of money advanced and pd by the sd pties hereto have been settled and adjusted up to the day of the date hereof and upon such acct there appears to be due to the sd B the sum of £ And whas the sd jt stock in trade has been valued and appraised at the sum of £- And there also appears to be due and owing to the sd coptnshp este from sundry psns the sum of £— And whas the sd A hath agrd to pay to the sd B the sum of £ so due and owing to him as afd and also the sum of £ being his moiety or one equal half pt of the jt stock in trade and credits upon having the whole of the sd coptnshp este assd to him as in manner hnaftr mentd Now this Indre witnesseth that in pursuance of the sd agrmt they

Valuation.

Dissolu

tion.

ment.

the sd A and B have covenanted agreed and do hby covt and agree with each or. that the sd coptnshp trade and all dealings and transactions relative thereto shall from the day of the date hereof cease and determine and that the sd indre of coptnshp and evy article clause and agrt therein contd as to the residue of the sd term shall henceforth cease and be absolutely void and that the sd trade and business shall be exercised and carried on by the sd A in his own name at his own risk and for his sole bent and that the name of the sd B shall not from henceforth be made use of in the sd trade and that he shall not be entitled to any subsequent prfts nor liable to any losses that may arise thby And This Indre furr witnesseth that in conson of the sum of £and - by the sd A to the sd B in, &c. Assignpd the rect, &c. he the sd B Hath bargd sold, &c. and by, &c. Doth bargain, &c. and sell, &c. unto the sd A all that one undivided moiety or half pt or share &c. of him the sd B of and in the sd jt stock, &c. and all the este, &c. To Have, &c. the sd moiety, &c. and all and singr the presses hby assd or intended so to be unto the sd A his exs ads and ass to and for his and their sole use and bent with full power and authty in his name or orwise to sue for demand and rece the sd coptnshp debts and effects and preses hby assd And the Covenants sd B doth for himself, &c. hby covt, &c. with, &c. the from B. sd A his, &c. that he the sd B hath not heretofore recd reld discharged or orwise disposed of and shall not and will not at any time hraftr rece rele or charge or orwise dispose of any of the sd coptushp debts and effects nor make do or willingly or knowingly suffer to be made, &c. any act, &c. whby the sd coptnshp debts shall can or may be impeached charged or incumbered in any manner howsr or whby or by reason or means whereof the sd A his exs, &c. shall or may be hindered delayed or obstructed in receiving or recovering the same And Covenant he the sd A for himself, &c. doth covt, &c. with the sd B from A. his, &c. that he the sd A his exs, &c. shall and will at all times hraftr well and sufficiently defend keep harmless and indemnify the sd B his, &c. of and from all the sd debts and sums of money (if any are still due and owing) and of and from all actions suits and demands whatsr for or in respect of the same And each of them Mutual the sd A and B do hby acquit remise and release the releases. or. of them of and from, &c. (see last precedent)

In Witness, &c.

Dissolution.

Recital of dissolution by effluxion of time.

copartner

ship.

Valuation.

Bills.

Deed of Dissolution between three Partners, at the Expiration of a Copartnership Term, where the whole is assigned to one continuing Partner.

This Indre made, &c. Betn A of, &c. of the first pt B of, &c. of the second pt and C of, &c. of the third pt Whas under and by virtue of certain articles of coptnshp bearing date the day of and made betn the sd A B and C they the sd pties have carried on the trade of in coptnshp until the day of the date hereof And Articles of whas by the sd articles of coptnshp it was declared and agrd among or. things that the sd C should be at liberty to take the pts and shares of the sd A and B of and in the dwelling house and preses where the jt trade might then be carried on And also the stock in trade debts and effects of the sd coptnshp at such sum as the same shall be valued at which sd sum it was agrd should be pd by instalments in manner following that is to say one third thof, &c. and the payment thof shd be secured by bills or notes of hand and a warrant of attorney to confess judgmt agst him the sd C but that no judgmt shd be entered up until deft should be made in the paymt of the sd bills or any of them And whas upon a general valuation and acct made and taken of all and evy the messes and tents stock in trade credits and effects of the sd coptnshp the same have been found to amount to £ – And whas in pursuance of the sd agrmt the sd C hath this day given to the sd A and B three sevl promissory notes of hand for the sevl sums of £ - £- and £- and hath also exted a deed-poll or warrant of atty bearing even date herewith and authorizing and two atties jtly and sevly or any or. atty to confess judgmt in an action to be brought agst him the sd C by the sd A and B whas the sd A and B have agrd to assign their respive pts and shares of and in the sd messes and tents stock in trade debts and effects of the sd coptnshp in manner hnaftr mentd Now this Indre witnesseth that in conson of the bills so given as afd the receipt of which they the sd A and B do hby acknge and also in conson of the sd in pt recited warrant of atty and of the covts on the pt of the sd C hnaftr contd they the sd A and B Have and each of them Hath granted bargained, &c. and by, &c. Do and each, &c. Doth, &c. unto the sd C All those the undivided pts and shares (the whole being considered as divided into pts) of them the sd A and B of and in the messes and tents situate and held under and by virtue of a certain indre of lease bearing date, &c. and made betn, &c. for all the residue to

And

Dissolu

tion.

come and unexpired of a term of yrs subject nevss to the covts and conditions therein contd And also of and in all the stock in trade goods chattels credits and effects of the sd coptnshp And all the este, &c. of them the sd A and B of in to or out of the sd pts, &c. To Power of Have and to Hold the sd undivided pts, &c. and all attorney.

and singr, &c. or.

sd C his exs, &c.

the preses hby bargd, &c. unto the
And for the better enabling the sd

Chis exs, &c. to recover, &c. they the sd A and B Have
made, &c. and by, &c. Do make, &c. the sd C his exs,

&c. their true, &c. (see Gen. Precedent) And each of Covenants them the sd A and B for himself, &c. doth hby covt, from A &c. with, &c. the sd C that they the sd A and B or and B. either of them Hath not received, &c. debts effects, &c. (see Gen. Precedent) And that they or either of them shall not, &c. (receive monies, &c.) And that they or one of Covenants them shall, &c. make, &c. acts, &c. (for further assu- from C. rance) And moreover that they or either of them shall not, &c. (carry on the same trade, &c.) And the sd C for himself, &c. doth, &c. covt, &c. with, &c. the sd A and B that he the sd C his exs or ads shall and will pay and discharge the sd promissory notes as and when they shall become due and paye And also shall and will pay and satisfy the (debts of the copartnership, see Gen. Precedent) And also shall, &c. (indemnify the sd A and B agst the debts, &c.) And each of them the sd Mutual A, B and C do hby, &c. (release each other, &c. see Gen. Precedent.) In Witness, &c.

Deed of Dissolution between two Partners, where there are mutual Assignments.

releases.

This Indre made, &c. Betn A B of, &c. of the one pt and C D of, &c. of the or. pt. Whas (recite copartnership) And whas the sd A B and C D have on the Recitals. terms and for the consons hnaftr expssd agrd to disAgreement solve the sd coptnshp and that the same as from the for dissoluday of the date hereof shall cease and determine Now tion. this Indre witnesseth that in pursuance of the sd agrmt Testatum. they the sd A B and C D with the mutual consent of each other have determined and dissolved and by these prests do determine and dissolve the sd coptnshsp And it is hby agrd by and betn the pties hereto that a notice thereof signed by the sd coptnrs shall be inserted in the London Gazette And this Indre furr Further witnesseth that in furr pursuance of the sd agrmt he the testatum. sd C D Hath bargained sold reld and assd and by, &c. Doth bargain, &c. unto the sd A B his exs, &c. all that the moiety or one equal pt (the whole being considered as