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conclusive on all the parties to such reference, their executors or administrators, so that such award be in writing, under the hands of the party or parties making the same, and ready to be delivered to the parties in difference within thirty days after he or they shall be so appointed ; and that in case any or either of the parties in difference shall, for the space of thirty days after such notice or requisition as aforesaid, neglect or refuse to appoint or concur in the appointment of such arbitrators as aforesaid, it shall be lawful for the arbitrator to be chosen by the party giving such notice, to appoint some other person to act as arbitrator for and on behalf of the party or parties so neglecting to make such appointment; and any award in which such arbitrator shall join and concur shall be binding, in like manner as if he had been actually chosen and appointed by the party so neglecting or refusing as aforesaid. And, lastly, that, for the further and better enforcing and insuring the performance and observance of every such award so to be made as aforesaid, the reference or submission for or in respect of the same shall, from time to time, be made a rule of the Court of Queen's Bench at Westminster, according to the provisions of the statute in that case made and provided, and that the reference shall not be defeated or affected by the death of any of the parties thereto, pending the same.
Admission of a Partner. * Articles of Agreement made, &c., between, &c. Whereas A., B., and C., have, for some years past, carried on the business or trade of in coparta nership together, upon, under, and subject to the terms, provisions, and agreements contained in the within written presents ; and whereas it hath been
* This form is intended to be indorsed on the articles of copartnership, but by a fuller recital it may be used for a distinct instrument.
agreed between the parties hereto, that, in consider-
years. Now, these presents witness, that, in consideration, &c., and it is hereby agreed and declared, between and by the parties hereto, that he, the said D., shall and will henceforth become, continue, and be a copartner with them, the said A., B., and C., in the said trade and business of , for the residue of the said term of years. And it is hereby also agreed and declared between and by the parties hereto, that, from henceforth, the said several parties hereto shall be liable to pay, bear, and sustain all the costs, losses, damages, and expenses of the said trade or business, and of carrying on and managing the same, and also be entitled to divide and share the profits and gains to arise and be derived from the said business, in the shares and proportions following ; (that is to say,) &c. ; but that, in all other respects, the said trade or business shall be carried on, conducted, and managed upon, under, and subject to all the terms, provisoes, conditions, and agreements within mentioned, so far as the same may be applicable to a partnership of four persons, or as near thereto as the altered circumstances of the case may permit, as fully and effectually, to all intents and purposes, as if the same terms, agreements, matters, and things, were herein particularly mentioned,
expressed, and repeated, and the name of the said Declaration D. therein inserted. And it is hereby agreed and that property declared by and between the said parties hereto, that, shall belong to copartners,
subject to the conditions and agreements contained their respec' in the said articles of copartnership, the copartner. tive executors, ship stock, estate, and effects belonging to the said
late partnership of A., B., and C., shall benceforth become and be the property, and belong to the said parties hereto, as such copartners as aforesaid, and
their respective executors, administrators, and assigns. In witness, &c.
Dissolution of Copartnership. This indenture, made, &c., between, &c. Whereas Parties. the said T. F., J. G., and J. J., have for some time Recital of the past carried on the trade or business of in co- articles of co
partnership. partnership with each other, under the firm of, &c., par and under and subject to the terms and conditions contained in a certain indenture or articles of copartnership, bearing date, &c. And whereas the said, &c., have mutually agreed to dissolve the said copartnership, from the day of the date hereof, [or] as from the day of last. And whereas upon the treaty for such dissolution of copartnership as aforesaid, it was agreed that the said T. F. should, in consideration of the sum of L. to be to him paid by the said J. G. and J. J., assign to the said J.G. and J.J. his one-third or other part or share of and in the said partnership stock in trade, estate, and effects, as hereinafter mentioned. Now, this inden- Witnessing ture witnesseth, that, in pursuance of the said agree- part. ment, they, the said, &c., with the mutual assent of each other, have determined and dissolved, and by these presents do determine and dissolve the said copartnership, and do declare that the same shall [as from the, &c., last] cease and determine. And this Operative indenture further witnesseth, that, in further pursu- part. ance of the said agreement, and in consideration of the sum of, &c., to the said T. F. in hand paid by the said J. G. and J.J., at or before the execution of these presents; and in consideration of the covenants Release and and agreements hereinafter contained, on the part of assignment the said J. G. and J. J., he, the said T. F., hath granted, bargained, sold, released, and assigned, and by these presents doth, &c., all that the one undivided third part or share, or other part or share of him, the said T. F., of and in all and singular the stock in trade, and other estate and effects, &c., of and belonging to the said copartnership; and of and in all
Leasehold and singular the leasehold messuages, lands, tenepremises,
ments, and houses; and of and in all and singular the debts and sums of money, and all other the estate, effects, profits, and interest whatever, of and belonging, or due and owing to them the said, &c., as such copartners as aforesaid; and all the estate, right, title, interest, property, claim and demand whatsoever, of him the said T. F., of, in, to, or out of the said one undivided third part or share and premises, hereinbefore assigned, or intended so to be, and every part thereof; to have and to hold the said one undivided third part or share, and premises, unto the said J. G. and J.J., their executors, administrators, and
assigns, as tenants in common, to and for their own Power of use and benefit. And for the better enabling the attorney to
said J. G. and J. J., their executors and administraJ. G. and J. J. to bring tors, to receive the said debts, sums of money, and action, &c., to other premises, hereby assigned, or intended so to be, effects.
he, the said T. F., hath made, ordained, constituted, and appointed, and by these presents doth irrevocably, &c., the said J. G. and J. J., jointly and severally, his true and lawful attorney and attorneys, in the name of the said T. F., or in their or his own names or name, as they shall think necessary or expedient, to ask, demand, sue for, recover, and receive, by all lawful and equitable ways and means whatsoever, of and from all and every person and persons whom it doth, shall, or may in anywise concern, or who ought to pay the same, the said sums of money, debts, and other premises intended to be hereby assigned ; and in case of non-payment thereof, or of any part thereof respectively, to commence and prosecute any suit or action for the recovery thereof, or of any part thereof; and on receipt thereof, or any part thereof respectively, from time to time to sign, seal, give, and execute, good and sufficient releases, acquittances, and discharges for the same; and also, for any of the purposes aforesaid, to appoint and substitute one or more attorney or attorneys under them, the said, &c., their executors or administrators; and from time to time
to displace or remove any such attorney or attorneys, and any other person or persons in his or their place and stead, to substitute and appoint; and generally to make, do, and execute all and every such act and acts, thing and things, as shall or may be necessary or expedient for obtaining, getting in, and receiving the said sums of money, debts, and other premises hereby assigned, or intended so to be, as fully and effectually, in all respects, and to all intents and purposes, as he, the said T. F., could or might have done in case these presents had not been made. And the said T. F. doth hereby agree to allow, ratify, and confirm, all and whatsoever the said J. G. and J. J., their executors, administrators, and assigns, or their substitute or substitutes, shall lawfully do or cause to be done in the premises, according to the true intent and meaning of these presents. And the said to pay debts. J. G. and J. J., for themselves, jointly and severally, and for their respective heirs, executors, and admi. nistrators, do hereby covenant, promise, and agree, to and with the said T.F., his executors and administrators, that they, the said, &c., or one of them, their, or one of their heirs, executors, or administrators, shall and will, within the space of three calendar months now next ensuing, pay and discharge all the debts, and perforrn all the contracts and engagements, which the said, &c., or any of them, are liable to pay or keep, for or on account of the said copartnership, and from time to time, and at all times hereafter, save, defend, keep harmless and indemnified the said T. F., his heirs, executors, and administrators, and his and their lands and tenements, goods and chattels, of and from the said debts, contracts, and engagements, and of, from, and against all actions, suits, costs, charges, damages, claims, and demands whatsoever, on ac
e As all the partners are jointly liable for the debts and engagements of the firm contracted during the partnership, it is usual therefore for an indemnity to be given to the retiring partner, (see Bedford v. Deakin, 2 B. and A. 210.)