fhares and intereft therein as aforefaid. AND whereas there are at present divers debts and fums of money amounting in the whole pounds, due and owing to the faid A. A. from fundry perfons on account of his trade and dealings, as appears in his ledger book in the to --and pages, which were contracted and become due to him before the commencement of this prefent copartnership, and are by him efteemed bad and defperate debts, and therefore are not reckoned, included, or comprised in the faid capital stock of pounds, or in the faid fum or value of. pounds, or in any part of them, or either of them. NOW this indenture further witneffeth, that in confideration of this prefent copartnerfhip, and of the covenant and agreement on the part of the faid A. A. herein after contained, he the faid B. A. doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promife, and agree, to and with the faid A. A. his executors and adminiftrators, that he the faid B. A. fhall and will at all times hereafter, during this prefent copartnership, use and employ the utmoft skill, diligence, and endeavours, by all fuch lawful ways and methods as the faid parties fhall agree on, to get in, obtain, and recover the faid bad and defperate debts, or fuch part or parts thereof as he fhall be able to recover; in confideration whereof the faid A. A. doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promife and agree, to and with the faid B. A. his executors and administrators, that all fuch fum or fums of money, being part or parts of the said bad and defperate debts, as fhall from time to time be gotten in, obtained, or recovered by the faid B. A. his executors or adminiftrators, fhall thereupon be brought into this prefent copartnership, and added to the faid capital Rock of pounds; and during the continuance of the faid joint 'trade be fubject to the fame terms, conditions, and agreements, as the faid capital ftock of pounds is herein before fubjected unto; and at the end or expiration of this prefent copartnership, thall be shared and divided between the faid parties, their respective executors and adminiftrators, together with all fuch gains and increase as in the mean time fhall be made thereof, in the like fhares and proportions as the faid capital ftock of- pounds and as the gains and increase thereof are herein before agreed to be fhared and divided as aforefaid. AND LASTLY it is hereby covenanted, granted, concluded, and agreed by and between the faid parties, and each of them, for himfelf, his heirs, executors, and adminiftrators, doth covenant, promife, and agree to and with the o.her of them, his executors and adminiftrators, that if at any time during this copartnership, or at or after the end thereof, any variance, ftrife, controverfy, doubt, or question, hall happen to arife, grow, or be between the faid parties, their executors or adminiftrators, for or touching the faid joint trade or copartnership, or for, upon, or touching any covenant, grant, claufe, words, matter, or thing herein contained, or the conftruc tion thereof, then every fuch doubt, queftion, or controversy shall be referred to and refolved, difcuffed and determined, by two indifferent perfons to be elected by and between the faid parties, or their reIpective executors or adminiftrators, within fixty days next after any fuch doubt, question or controverfy fhall arife; and in cafe fuch two perfons cannot agree, and determine the matter to them to be referred within fixty days next after fuch reference, then the fame shall be refolved, difcuffed and determined by fuch one indifferent perfon as the said two first referrees or arbitrators fhal! for that purpose from time to time nominate and appoint umpire in the premises, who shall determine the fame within twenty days next after he shall be appointed umpire and whatsoever order end or determination the faid two perfons, or their faid umpire fo to be elected and nominated as aforefaid fhall within the refpective times in that behalf aforefaid make between the faid copartners, their executors, adminiftrators, or affigns, of for or about the premifes, or any part thereof, each of the faid parties doth hereby for himself, his and their executors and adminiftrators, covenant, promife and agree to and with the other of them his executors and administrators, to ftand to, perform and keep the fame, without any further fuit or trouble whatfoever. IN WITNESS, &c. Articles of copartnership between three perfons in the trade of a linen-draper, with proper covenants. One party finds board, &c. for the other two, upon terms agreed. One party after a time may take out part of the stock, and another may add to bis part. Provifion, in cafe any party does not bring in a full Share. HIS INDENTURE tripartite, made the THIS day of year of the reign &c. of the first part B. B. Between A. A. citizen and mercer of London, of London, of the fecond part, and C. C. citizen and mercer of London of the third part, Witneffeth, that the faid parties to these prefents, for the good opinion they have of each other, and for the better improving their eftates, by God's bleffing and their honeft endeavours, and for other good caufes and confiderations them thereunto moving, have concluded and agreed together, and by these presents do feverally promife and agree to and with each other, to be and continue copartners, and joint-traders and dealers in the trade, art and mystery of a linen-draper, and in the buying and felling of all goods, wares, merchandizes, and other things thereunto incident or belonging for the term and fpace of years, to commence and be accounted from the day of now laft paft, fully to be complete and ended (if all of them the faid parties to thefe prefents, or any two of them fhall fo long live) fubject to the terms, provifoes, and agreements herein. after-mentioned; P 2 after-mentioned; the joint-trade to be managed and carried in fuch part, and fo much of the meffuage or dwelling-house of him the faid A. A. called or known by the fign of at fituate as by the faid parties fhall be thought fitting and requifite for that purpofe, or in fuch other house, shop, or warehouse, in or about -, as the faid parties, or the furvivors of them fhall in that behalf mutually agree on. AND for the better furnishing and carrying on the faid joint-trade, the faid parties have agreed with each other to bring into the fame, and to make up between them in monies and wares the fum or value of pounds of lawful money of Great Britain, as and for their capital or joint-stock, the fame capital flock to be brought in and made up by the faid parties for the first -years of the faid copartnership in the proportions following, that is to say pounds, part thereof by the faid A. A. pounds, other part thereof, by the faid B. B. and pounds refidue thereof, by the faid C. C. and for the laft years of the faid copartnership, in the proportions following; that is to fay, pounds, part of the faid capital stock by the faid A. A. pounds other part thereof by the faid B. B. and pounds refidue thereof by the faid C. C. AND thereupon it is mutually and reciprocally covenanted, granted, concluded, and agreed upon, by and between all the faid parties to these presents, and each and every of them the faid A. A. B. B. and C. C. for himself, his heirs, executors and adminiftrators, de and doth hereby covenant, promise, and agree, to and with the others and other of them, his and their executors and adminiftraters, in manner and form following; that is to fay, that the faid capital ftock of pounds to be brought in and made up by the faid refpective parties, in the proportions and manners aforefaid, and every part thereof, and all gains, profits, and increafe which fhall be made, raised, or gotten, in or by means of the faid joint-trade, fhall from time to time during the faid copartnership, be continued, ufed, and employed in the faid joint-trade, and no part thereof be taken thereout, or be by any of the faid parties ufed, converted or employed in or for any other ufe, trade, or purpose whatsoever, (other than and except as is herein-after in that behalf n.entioned.) AND that none of the faid parties fhall with his or their own monies (not belonging to the faid joint-ftock) or upon credit given him or them by any person or perfons whatsoever, trade, barter, or deal in any matter or thing in the way or trade of a linen-draper, or in any of the wares, merchandizes, or commodities in which the faid parties fhall mutually confent and agree to trade or deal, fave only upon the account, and for the advantage and benefit of the faid joint-stock and trade; and all buyings, fellings, receipts, payments, debts, bills of parcels, fpecialties and affurances, which during the faid copartnership fhall be had, made or taken in, or touching the faid jointtrade, fhall from time to time be managed, carried, entered, made and taken, in the joint-names of all the faid parties, or the furvivor, of of them, to and for the ufe, benefit and advantage of each and every of them the faid parties, in proportion to their feveral and respective interests and shares in the faid capital stock and joint-trade. AND that each and every of them the faid parties, his and their executors and adminiftrators, fhall at all times during this copartnership, and at the end, expiration, or other determination thereof, have and enjoy a feveral fhare, right, title, and intereft of, in and to the faid joint- ftock, and all gains, increase, and profit whatsoever arifing therefrom, or to be made or gotten thereby, and of, in and to all monies, goods, wares, and effects, which from time to time fhall be in or belonging to the faid joint-stock and trade, according to their faid feveral and refpective interefts and fhares in the fame: AND alfo fhall and may accordingly, upon or after the end or diffolution of this copartnership, by death or otherwife, receive and take his and their faid feveral part, fhare or proportions of all and fingular the premifes, to his and their own refpective ufe and ufes, in manner herein after expreffed, without any benefit or advantage to be had, made, or taken by furvivorship by any of the faid parties furviving the other or others of them, any thing herein, or any law, custom, or ufage to the contrary notwithstanding. AND that all debts and duties which are or fhall be owing by the faid parties on account of their faid joint-stock or trade, and all loffes and damages which fhall happen or come to the fame, or the gains or proceed thereof, by bad debts, loss, damage or decay of goods, fuits at law or in equity, or other cafualties, and all fervants wages, charges of books and letters, and treating of cuftomers, and all other neceffary charges and expences which fhall be occafioned, laid out, or happen in or about the faid joint-trade, fhall at all times during this copartnership be allowed, fuftained and borne by and out of the whole joint-stock, and the profits and gains thereof, fo as each of them the faid parties fhall bear and pay his and their respective share and fhares thereof, in proportion to their several interests and shares in the faid joint-stock. AND further, that two full third parts of the annual or yearly rent of pounds (which he the faid A. A. yearly pays for his faid dwelling-houfe, and the fhop or warehoufe where the faid joint-trade is now carried on) and of all taxes, rates, and parish duties, payable or to be paid during the faid copartnership, for the faid houfe, fhop, and premifes, and the charges for the neceffary repairing and improving the fame fhop or ware-houfe, or other rooms and conveniencies used in or about the faid joint-trade, fhall (in confideration of the ufe which all the faid parties are to have of the fame fhop or warehouse, rooms and conveniencies for carrying on their faid joint-trade therein) be borne, paid, and defrayed by all the faid parties, by and out of their faid joint-stock and trade, in proportion to their faid feveral and refpective fhares and interefts therein. AND that all the counters, preffes, fhelves, books, and other conveniencies in or about the faid fhop or warehouse, or used in carrying on the faid joint-trade, and which have been purchased, furnished and provided by the faid A. A. fhall be rated and eftimated eftimated, and are hereby accordingly rated and estimated at the price or value of pounds of lawful money of Great Britain, part whereof is to be paid or allowed by the said B. B. to the faid A. A. and which he the faid B. B. doth for himself, his executors, and adminiftrators, covenant and agree to pay and allow to him the said A. A. his executors or administrators accordingly, within the space of three months next enfuing the date hereof, and pounds (other part of which faid pounds) is to be paid or allowed by the faid C. C. to the faid A. A. and which he the faid C. C. doth hereby for himself, his executors and adminiftrators, covenant and agree to pay or allow to him the faid A. A. his executors, or adminiftrators accordingly, within the like fpace of months next enfuing the date hereof. AND the faid A. A. doth hereby covenant and agree with the said B. B. that he the faid A. A. shall and will find and provide for the said B. B. during fo long time of this prefent copartnership as he the faid B. B. fhall think fit to lodge and board with him the faid A. A. fufficient and convenient diet and lodging in his the faid A. A.'s dwelling-house, in confideration whereof he the faid B. B. doth covenant and agree with the faid A. A. to pay and allow unto him the faid A. A. the yearly fum of. pounds by equal quarterly payments, for fo long time of this prefent copartnership as he the faid B. B. fhall fo lodge and board with the faid A. A. as aforefaid. AND the faid A. A. doth hereby covenant and agree with the faid C. C. that he the faid A. A. fhall and will find and provide for the faid C. C, during fo long time of this prefent copartnership as he the faid C. C. fhall think fit to lodge and board with him the said A. A. sufficient and convenient diet and lodging in his the faid A. A.'s dwelling-house; in confideration whereof, he the faid C. C. doth covenant and agree with the faid A. A. to pay and allow unto him the faid A. A. the yearly fum of pounds by equal quarterly payments, for fo long time of this prefent copartnership as he the faid C. C. fhall fo lodge and board with the said A. A. as aforefaid. AND it is hereby further agreed by and between all the faid parties to thefe prefents, and the faid A. A. doth hereby covenant and agree to and with the faid B. B. and C. C. that he the said A. 4. fhall and will for fo long time of this prefent copartnership, as he fhall live, find and provide, for all fervants to be employed or retained by the faid partners in or about their said shop or joint-trade, fuitable and convenient diet and lodging in or about his the faid A. 4.'s dwelling-houfe; in confide ration whereof it is hereby covenanted and agreed by and between all the faid parties to these presents, that he faid A. A. thall be paid and allowed the yearly fum of pounds, for each fuch fervant to be by him provided for as aforefaid, the fame to be paid and allowed him by four qual quarterly payments, by each and every of the faid partners, by and out of the faid joint-stock, and the gains and produce thereof, in proportion to their feveral and respective shares and interest therein, and so proportionably for any I longer |