same manor, for the time being, for or in respect of the said premises, or any part thereof, to the intent that he, the said G. A. M., may be admitted thereto, to hold to him and his heirs in manner aforesaid.

In witness whereof, the said guardians have hereunto affixed their common seal, and the said A. B. and C. D., churchwardens, and E. F. and G. H., overseers, and also the said P. O., have hereunto set their hands and seals, the day and year first above written.

The following will be the Indorsements.

Signed, sealed, and delivered by the within-named A. B., &c., in the presence of

The common seal of the guardians of the Shiffnall union was affixed to the within deed, at a meeting of the said guardians, held on the day of the date thereof, by T. W., Esq., the chairman, in the presence of

Received the day and year first within-written,

from the within-named

the sum of

being the consideration-money within-mentioned, to be paid by him to me.

Witness,

C. D., treasurer of the within-named union.

CHAPTER XXIX.

Parties.

Recital.

PARTNERSHIP.

AGREEMENT BY A CLERK TO A RETIRING TRADESMAN,
WITH HIS MASTER, TO CARRY ON THE BUSINESS
FOR HIS BENEFIT."

ARTICLES of agreement made, &c., between I. L., of, &c., of the one part, and T. E., of, &c., of the other part. Whereas it hath been agreed between the parties hereto, that the said T. E. (who, for some time past, hath conducted and managed the trade or business of the said I. L.) should continue in the management thereof, under the covenants, restrictions, and agreements, hereinafter contained; and whereas an inventory and appraisement hath been made and taken of the stock of and belonging to the said business, and entered in two books, which have been signed by both the parties hereto, and it hath been agreed, that one of such books should be kept by the said I. L., and the other of such books by the said T. E. Now, these presents witness, and it is hereby agreed between the parties hereto, that the said T. E. shall and will, for the term of years now next ensuing, for and on the behalf, and

This and the following form ought to have been transferred to the chapter on Agreements, but the error was not discovered in time.-Ed.

in the name of the said I. L., well and faithfully, and according to the best of his skill and judgment, manage, carry on, and conduct the aforesaid trade and business of of the said I. L.; with full power and authority for such purpose, to use and trade with the said stock, and to manage, improve, and renew the same as the said T. E. (subject to any directions which the said I. L. may at any time give to him for that purpose) shall seem meet; and by and out of the money which shall arise by sale of any part or parts of the said stock, to buy such goods as shall be requisite to keep up and continue the present quality and value thereof; and it is hereby also agreed and declared, that, by and out of the profits which shall arise from the trade or business, the said T. E. shall, in the first place, pay and dis- Out of profits charge the rent of the said house and shop, and all to pay rent of taxes and parochial duties which now are, or shall hereafter be assessed or imposed on him, the said I. L., or the said T. E., on account of the said house and trade; and, in the next place, pay or retain and to pay I. to himself, the said I. L., yearly, and every year dur- L. an annuity. ing the said term of years, the yearly sum of L.

shop,

T. E.

by equal half yearly payments, on the day of &c. &c., without any Residue to deduction or abatement whatsoever; as a recompence and satisfaction for his care and trouble in the conduct and management of the said trade or business. And the said T. E. doth hereby, for him- Covenant by self, his executors, and administrators, covenant, de- T. E. to be clare, and agree, with and to the said I. L., his diligent. executors, administrators, that he, the said T. E., shall and will, from time to time, and at all times hereafter, for and during the said term of

years, if they, the said I. L. and T. E., shall so long jointly live, diligently apply himself to the care and management of the said stock, trade, and business, according to his best skill, abilities, and discretion, and pay, apply, and dispose of the money which shall arise from the sale thereof, and all the profits of his trade and dealings, after payment and satis

Books to be

kept.

T. E. not to deal in his

own name.

To render an account at Christmas.

Covenant to

assign lease.

faction of the expenses to be incurred in keeping up
and renewing the said stock and otherwise, in the
carrying on, conduct, and management of the said
business, unto the said I. L., his executors or admi-
nistrators, or as he or they shall direct. And also,
shall and will write and keep true and perfect entries
in proper books of account of all such goods as shall
be sold, and of all moneys which shall be paid and
received by him, and of all other accounts and trans-
actions of or connected with the said business, and
permit the same, from time to time, to be inspected
by him, the said I. L., or such person or persons as
he shall appoint. And further, that he, the said T.
E., shall not, nor will at any time, during the con-
tinuance of the said term of
years, buy or sell,
or in anywise trade or deal in his own name, but
on the behalf, and in the name only, of the said I.
L.; nor do any act whatsoever whereby the said
stock, or any part thereof, may be attached, distrained,
or taken in execution. And also, that at Christmas
next, and so at every succeeding Christmas during
the continuance of the said term of
years, or
oftener, if thereto required by the said I. L., he, the
said T. E., shall and will take a full account and
estimate in writing of the stock, for the time being,
remaining in the said trade, and of the profits there-
of, and deliver the same to the said I. L. And
that, at the expiration, or other sooner determina-
tion of the said term of
years, he, the said T.
E., his executors or administrators, shall and will de-
liver up to him, the said I. L., his executors or ad-
ministrators, all such stock as shall then be remain.
ing and undisposed of, to and for his or their own
use and benefit. In witness, &c.

An Agreement between a Trader and his retiring
Partner for the Purchase of the Lease of a House,
Stock, &c.

Articles of agreement between, &c. [Recite the partnership, &c.] Now, the said C. D. doth hereby covenant, promise, and agree, to and with the said

E. F., that he, the said C. D., shall and will, on or
before
make and execute an assignment of
the said indenture of lease, and the messuage and
premises therein comprised, with their appurtenan-
ces, free from all incumbrances, with all usual and pro-
per covenants, unto the said E. F., for the residue of
the said term of years, under and subject to the
rents, covenants, and provisoes payable, or to be ob-
served in respect thereof. And the said E. F. doth
hereby covenant, promise, and agree, that thereupon,
and so soon as an assignment of the said premises
shall be made and executed to him as aforesaid, he,
the said E. F., shall and will pay, or cause to be
paid, to the said C. D., the sum of L.

for

trade.

the purchase of the good-will of the said premises. And further, that the said E. F. shall and will pur- Also stock in chase from the said C. D. all his share and interest in the stock in trade in and upon the said premises, together with all the fixtures and utensils thereto belonging, at a fair appraisement, to be made by two regular appraisers, one to be chosen by the said C. D., and the other by the said E. F. And the said C. D., in consideration of the said sum of L. doth hereby covenant and agree with the said E. F., that he, the said C. D., shall not, nor will, exercise the trade of a which he now useth,

formance of this agreement, each party bindeth himself unto the other in the penal sum of L.

of lawful money of Great Britain, to be recovered as and in the nature of liquidated damages, &c. In witness, &c.

In order to give effect to an agreement as to the transfer of a business or good will, a person may bind himself not to carry on some particular business, or not to trade in some particular place, for some limited time; but a general restraint upon a party's right to trade is illegal and void. Ward v. Byrne, 9 Law Journ. 14 Ex.