PARTNERS.-(continued.) forms of agreements between, previous to, and during partnership.-(continued.) street, 89. notes, bonds, &c. to be signed by all the partners, shall be deemed partners to apply themselves faithfully to partnership, 89. to be faithful and just to each other in buying and dealing, 89. partners to be entitled to stock, gains, and profits, and fixtures, &c. A. to be entitled to six-sixteenths, 89. B. to seven-sixteenths, 89. C. to three-sixteenths, 89. rent, taxes, salaries, wages, and expences necessarily incurred to come also losses, damages, and debts, &c., 90. except debts occasioned by trusting persons forbid by other partners such losses to be borne in like proportion as partners are entitled to one partner obliged to go once a year to Manchester, for purposes expence of such journey not exceeding one guinea per day to be paid C. to be allowed £40 for every clerk or servant he shall board and £40 yearly to be allowed to C. for entertainment of correspondents partners not to take apprentices or others without consent, 90. nor to lend money or give credit to person whom any of part- and if he does, then such partner to pay partnership stock partners not to enter into bond, or become bail, without consent nor to speculate in funds or lottery, or do any act whereby to indemnify and save harmless the others, and the capital, &c. to take monthly out of partnership capital for their subsistence pro- overplus of gains to accumulate and go to increase capital in in manner following, one half of overplus to arise within one the other at end of twelve months from time of taking such ac- books to be kept, and entries of all transactions relating to part- partners to have access to books during continuance of partnership, 92. PARTNERS.-(continued.) general account to be entered in three books, and signed by partners six months notice to be given to or by C. of wish to withdraw from on such notice, account to be taken of stock, &c., and share to be deeds, &c. to be executed as shall be deemed advisable, as well for in case of C.'s death before end of partnership, &c., other partners surviving partners to take share of deceased partner, and secure pay- partners to make up an account of partnership concern at the end of unless new partnership agreed on, stock to be taken by A. and B., after determination of partnership, and if new one agreed on, A. and for residue of fourteen years, as agreed on by them in former deed, except as to increase of capital and profits, 94. profits to be divided, allowing only interest of £9 per cent. on ca- in case of death of A. or B. before expiration or dissolution of part- surviving partners to execute to representative's bond, with two one-third part on expiration of six months, 95. one-third part in eighteen months, 95. surviving partners to enter into bond to representatives of deceased representatives of deceased, to execute such deeds, &c. as surviving in case of death of any of partners, survivors shall within thirty days representatives of deceased, or persons by them appointed, to have in case of death of A. and B. surviving partners to be entitled to surviving partner to advance respective shares, 96. PARTNERS.-(continued.) forms of agreements between, previous to, and during partnership.-(continued.) and if so, other partners may dissolve partnership, 96. capital stock of such partner to go to, and belong to others, 96. in case joint stock insufficient to pay such additional advance, then differences to be referred to arbitration, 97. award to be conclusive and binding, 98. deed of copartnersip where real property is brought into concern, with recital of agreement to become partners, 98. leasehold property of A. to be assigned to A. and B., 98. agreement to become partners, 99. capital, 99. premises, &c. of A., to be brought in by A., as part of his capital, leasehold premises, &c. to be for and in part of A's share of capital, capital to be employed in business only, 99. shares of partners, 99. form and place of business, 99. rent and expences of business, 100. to insure premises, 100. apprentices and servants, 100. partners to be diligent, 100. not to trade separately, 100. indemnity against private debts, 101. monthly drawings for current expences, 101. not to trust persons forewarned against, 101. nor issue bills, &c., except on account of business, 102.' books to be kept, 102. annual rents, 102. partners advancing more than proportion of capital to be allowed on breach of articles by either partner, the other may by notice general account on death of either partner, 103. share of deceased partner to be secured to personal representatives, 104. bad debts to be divided as received, 104. debts afterwards proving bad to be allowed, &c. 105. final rest on expiration or dissolution of copartnership, 105. penalty for nonperformance, 107. concise deed of copartnership between two persons as general traders, 107. recital of agreement for partnership, 107. PARTNERS.-(continued.) すい forms of agreements between, previous to, and during partnership.—(continued.} if either party lend to trade, same shall be chargeable therewith, 108. profit and loss to be borne and received equally, 108. clerk to be taken by mutual consent, 108. premiums to be added to joint stock, 108. all contracts, &c. to be made in joint name of parties, 108. entries to be made in proper books of all copartnership transactions, books of accounts, &c. to be kept at counting-house, and be open half-yearly rests to be made and signed by parties, 108. surplus to be divided, 108. parties to be wholly engaged in partnership business, 109. to be faithful to each other, 109. neither party to apply partnership money to his own use, 109. neither party to suffer estate to be charged with private debts, 109. if they do without consent, same to be on his own account, 109. nor to lend or give credit contrary to assent of other, 109. nor compound nor release debts, 109. nor become bail, 109. nor assign his share without consent, 109. if they do, partnership voidable, 109. if either party die other to take stock, 110. on bonds being given, representatives of deceased to assign to survivor, at expiration of term one of parties to have refusal of stock, &c. at if both decline, stock to be sold, 111. on determination of partnership, notice to be given to customers, credit afterwards given, to be at risk of person crediting, 111. reference of disputes, 111. nominees may appoint umpire, 111. in default attorney or solicitor-general to appoint, 11. award to be final, 111. parties to give bond to abide award, 111. to be examined on oath, 111. request of reference to be bar to action, 112. if no award chancery or exchequer to possess power to arbitrate, 112. concise agreement for joint trade, 112. indenture of copartnership between four persons for home and foreign as to general copartnership, 113. PARTNERS.-(continued.) forms of agreements between, previous to, and during partnership.—(continued.) how to be applied, 114. duration of partnership, 114. gains to be equally divided, 114. in parts beyond seas, 114. and expences and losses equally borne, 114. all parties to use industry to get in debts, 114. to answer respectively for credit improvidently given, 115. loss by servants, &c., 115. not to charge copartnership but for just debts, 115. saving sums for private expences, 115. wages for servants, 116. G. H. not to trust persons beyond sea without consent of others, and to keep just accounts, 116. and send home accounts monthly, 116. partners to have free access to country house of G. H., 117. as to money borrowed, 117. as to E. F.'s receipts, books, journals, &c. in England, 117. and give free access to his counting-house, &c., 117, C. D. to keep true accounts, 118. and give free access to his counting-house, 118. as to family expences, 118. as to money advanced over and above share of stock respectively, not to enter into any bond, become bail, &c., 119. nor to lend goods, except where majority agree, 119. adjustment of differences, 119. A. B. to aid and assist in procuring money, 119. and make allowance out of his share, 119. proviso in case of death, 119. in case any one dies, survivor shall indemnify representatives against another form applicable to any trade or business, with usual cove- years, 122. where business to be carried on, 122. stock in trade, &c. when valued, to be taken as part of stock, 122. profits to be divided, 122. all losses, &c. to be borne by each party, 123. wages, rent, &c. to be paid equally by partners, 123. principal clerk to be the general receiver, 123. surplus cash to be paid to bankers, 123. to exert themselves, 123. neither to be absent without leave, 123. to be faithful to each other, 123. parties to draw out quarterly, 123. } neither to take further sum without consent of other, 123. such further sum to bear interest at £5 per cent, and payable at 21 |