Gambar halaman
PDF
ePub

has been assigned to me by said, as collateral security for the payment of the sum of dollars, and interest at the rate of per cent. per annum, with power to me, my executors, administrators, and assigns, to receive the said legacy, and give an effectual receipt and discharge for the same.

To and

9

executors of the last will of

deceased.

I hereby give

MISCELLANEOUS MATTERS.

Of Obstruction of Window Lights.

[ocr errors]

deeds, lib.

fol.

day of

you notice, that I am the owner of the dwellinghouse situate at and am entitled, by covenant in a deed of said dwelling-house made by you to me, dated the -, 18-, and recorded with to have the light and air enter therein through a certain window in the said dwelling-house on the (describe situation of window), and that you have prevented and obstructed the light and air from entering through the said window into the said dwellinghouse by erecting a wall near to the window whereby the said dwelling-house has been rendered dark, unwholesome, and of less value. And also take notice, that I require you to remove the said wall within days from the service of this notice, and in default thereof an action will be commenced against you for the damage I have already sustained or may sustain by rea son of the said obstruction.

To the

Master to Insurance Company of Abandonment.

Company.

master of the ship

9

[merged small][ocr errors]

I, on my own behalf, and on behalf of the owners of the said ship, do hereby abandon, cede, and deliver to you, as an utter and total loss, all my right, title, and interest, and all the right, title, and interest of the said owners in the said vessel and her appurtenances, now lying aground And I hereby demand payment of the sum of dollars, insured by you upon the said vessel under your policy No.

near

dated

[ocr errors]
[blocks in formation]

Requiring Removal and Abatement of Nuisance and Obstruction.

Take notice, that I hereby require you to remove the nuisance and obstruction arising from (describe the cause) at

; and

in default of your removing such nuisance and obstruction within -days from the service of this notice, I shall (with workmen) proceed to abate and remove such nuisance and obstruction as I am by law entitled to do, and shall require you to pay the expenses incident thereto; and further, I beg to inform you that the materials of such obstruction will be deposited at. This notice is given without prejudice to any right of action for damages I have already sustained or may sustain by reason of the said nuisance and obstruction.

Indorsement of Service of Notice. Served a true copy of this notice on

[blocks in formation]

personally at

Served a true copy of this notice on, by delivering to and leaving the same with his wife at his dwelling-house, situate at (or by delivering to and leaving the same with his clerk at his office, situate at; or by leaving the same with the servant at his dwelling-house, situate at ), on the day of

18-.

Form of Acknowledgment of Notices.

I acknowledge to have received the notice of which the within is a duplicate, and do accept service thereof this — day of

18-.

We acknowledge to have received notice (describe it), and do hereby accept service thereof thisday of

18-.

Received this day of, 18, a duplicate of the within

notice.

I accept service of this notice on behalf of

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

them, will become and remain partners in the business of, from the day of, 18, during the term of years, if they or any two of them shall so long live, under the style or firm name of subject, nevertheless, to determination as

hereinafter provided.

Firm.

The partnership shall be carried on under the style or firm of

Death of Partner.

The death of any partner shall not dissolve the partnership between the remaining partners.

Retirement of Partner.

Any partner may retire from the partnership on or at any time after the day of, 18—, on giving not less than six calendar months' previous notice in writing to the other partners of his intention so to do, or leaving such notice at the counting-house or office of the partnership, and at the expiration of such notice the partnership shall determine so far as regards the partner giving or leaving such notice, but not as between the remaining partners.

Place of Business.

The business of the partnership shall be carried on at, or at such other place as the partners shall from time to time determine.

The said

Payment to one Partner for Rent.

shall be allowed by the partnership the clear

yearly sum of dollars, by way of rent for the said real estate in street aforesaid, so long as the said business shall be carried on therein; but that the said real estate shall continue the sole property of the said, subject only to be used for the purposes of the partnership business.

Capital.1

The capital of the partnership shall be dollars, to be contributed by said partners in equal shares (or in the shares or proportions following, namely, etc.), or in such other shares as may from time to time be agreed upon in writing.

Increase of Capital.

If, at any time or times hereafter, further capital shall be required for carrying on the business, and a majority of the partners shall determine to increase the capital, the additional capital shall be advanced by the partners in equal shares (or in such proportions as they have respectively contributed to the original capital of the firm).

Additional Capital contributed by one Partner.

If any partner shall, with the consent of the other partners, bring in additional capital, or leave any part of his profits in the business, the same shall be considered a debt due to him from the partnership, and shall bear interest at the rate of per cent. per annum, but the same shall not be drawn out except upon giving calendar months' written notice; and he shall be bound to draw out the same on a like notice given to him by the other partners, and at the expiration of such notice interest shall cease to be payable thereon.

1 There is no necessary connection between the proportions in which the capital is contributed and the proportions in which the partners share the profits and losses of the business. There may be, for instance, many reasons why a partner who con tributes half of the capital should receive either less or more than half the profits.

Interest on Capital.1

Each partner shall be credited in the books of the partnership with interest at the rate of per cent. per annum on his share of the capital for the time being standing to his credit, and such interest shall be paid to him on the day of, and the

day of, in every year, before any division of profits is made, and such capital and interest shall be deemed to be a debt due from the partnership.

Stock in Trade as part of Capital.

The stock in trade and plant belonging to the said be taken to be of the value of

shall

dollars, and shall become the

property of the partnership at such valuation, and shall be credited to the said on account of the capital to be contributed

by him.

[ocr errors]

Patent to be Property of Partnership.

The patent right shall be considered as part of the partnership property, and to have been brought into the business as capital by the said patentee; and no share or interest therein, or license to use the same, shall be sold, granted, or assigned to any person or persons, without the consent of both the partners; and moneys, benefits, and advantages to accrue from any such sale, grant, assignment, or license shall be divisible between the partners in the same proportions as the profits of the business are hereinafter directed to be divided. The said patent right shall for the purposes of the business, and of any accounts in relation thereto, be taken to be of the value of dollars at the date of these presents, and to become depreciated in value at the rate of dollars every half year.

The said

Capital to be Advanced by one of the Partners.

shall immediately bring into the business the

1 The capital of a partnership should generally be regarded as a debt due from the firm to the individual partners, in the amounts respectively contributed by them. Interest on the capital should be paid as one of the expenses of the business to be deducted before making any division of the profits. If the partners are to share in the profits in proportions the same as those in which they have contributed the capital, the practical result to the partners is the same, whether the interest be paid as interest or as profits. Where these proportions are different, the matter is one of practical consideration. But as a matter of principle, it is better to regard the capital as a debt of the firm, whatever be the practical result.

« SebelumnyaLanjutkan »