tween themselves, of and in the property of their said present partnership, but as regards the said leasehold premises for the residue of the said term of years, and subject to the payment of the said rent, and the performance and observance of the covenants by the lessee and conditions of the said indenture of lease. In witness, etc.

Bond of Indemnity to Retiring Partner against Partnership

Debts.

Know all men by these presents, etc. Whereas the said have carried on the business of

and

at

day of

under the

-; and

and

firm of aforesaid, from the day of whereas by an indenture bearing even date with these presents it has been agreed that the said partnership shall be considered as determined and dissolved from the by the same indenture the said has assigned and released unto the said and, their executors, administrators, and assigns, all the estate and interest of him, the said, in the said partnership business, and the moneys, debts, property, and effects belonging or due to the said -, partners, or in respect of the said partnership; and whereas it was part of the arrangement for the dissolution of the said partnership that the said and should execute and give to the said the above written bond with such condition for making void the same as hereinafter contained: Now the condition of the above written bond is such that, if the said

and

and

as

and

or one of them, their or one of their heirs, executors, or administrators, shall pay all and every the bills and notes of the said partnership, and all and every other the debt and debts and moneys due or growing due from the said partnership, or any or either partner in respect of the said partnership, and discharge all the liabilities and perform all the engagements of the said partnership to which the said or their respective heirs, executors, or administrators, or any of them, are, is, or shall be liable, and shall keep indemnified the said —, his heirs, executors, administrators, estate, and effects, against all actions, proceedings, losses, damages, costs, and expenses for or by reason of the nonpayment, nondischarge, or non performance of any of the said bills, notes, debts, moneys, liabilities, or engagements, or of any act or thing in any wise re

9

lating thereto, then the above written bond shall be void, otherwise the same shall remain in full force and effect.

Mortgage of a Share in a Partnership Business, the Principal to be paid by Monthly Instalments.

Indenture made the

Recital of partnership;

of

18-, between —— of

of the one part, hereinafter called the mortgagor; and of the other part, hereinWhereas the said mortgagor is a carrying on the business of ——, at under articles of partnership dated 18-; and whereas the said

after called the mortgagee. partner in the firm of

in the county of
the

- of agree

Covenant to

and interest

by monthly

made on the

day of

ment for loan. mortgagee has agreed to lend to the said mortgagor the sum of dollars upon having the repayment of the same by monthly instalments, with interest for the same, or for so much thereof as shall for the time being remain unpaid, secured in manner hereinafter appearing: Now this indenture witnesseth, that in pursuance of the said agreement, and in consideration of the sum of dollars now paid to the said mortgagor by the said mortgagee (the receipt whereof the said mortgagor hereby acknowledges), the said mortgagor hereby covenants pay principal with the said mortgagee to pay to him the sum of dollars within the period of calendar instalments. months from the date of these presents, by equal monthly instalments, the first of such payments to be made on the -day of next, and the last of such payments to be 18. And this indenture also witnesseth, that the said mortgagor hereby charges all that his share and interest in the said business, and in the goodwill thereof, and in the capital, book debts, and assets thereof, with the repayment to the said mortgagee, his executors, administrators, or assigns, of the moneys hereby secured at the times and in manner aforesaid; and the said mortgagor Covenants hereby covenants with the said mortgagee that he, by mortgagor the said mortgagor, will, so long as he shall continue a partner in the said firm and during the continuance of this security, duly observe and perform all the covenants, conditions, and stipulations contained in the said articles, and on his part to be observed and performed; and that he will not do or suffer anything whereby the said partnership may be determined, or the said share or interest, and premises hereby

Charge of share in part nership.

to observe articles of partnership;

day of

9

to devote him

ness.

To inform

mortgagee as business.

to state of

Power of

charged, or any of them, may be incumbered or alienated, save in the ordinary course of business, or otherwise prejudicially in any way whatsoever; and that he will at all times devote his time and attention to the said business, self to busiand diligently and faithfully employ himself therein, and use his utmost endeavor to carry on the same to advantage; and that he will from time to time inform and keep informed the said mortgagee, his executors, administrators, and assigns, if and whenever requested so to do, of the state and condition of the affairs of the said business, and of the liabilities, assets, profits, and losses thereof; and the said. mortgagor hereby irrevocably appoints the said mortgagee, his executors, administrators, and assigns, to be his lawful attorney and attorneys, in the name and on behalf of attorney. the said mortgagor, to give notice of dissolution of the said partnership, and to demand and take all accounts pursuant to the said articles of partnership, and to demand, sue for, recover, receive, and give valid receipts for all moneys, effects, and things to which the said mortgagor is entitled under the said articles of partnership, or otherwise in relation to the premises, and for the purposes aforesaid or any of them to execute and do all such instruments and things as may be deemed necessary or expedient: provided always, that if the said mortgagor Proviso that shall die, or if he or the said firm shall become bank- whole amount rupt, or enter into any composition or scheme for the arrangement or liquidation, statutory or otherwise, of his or their affairs, for the benefit of his or their creditors generally, or if he shall fail to observe and perform any of the covenants herein contained and on his part to be observed and performed, and particularly if he shall at any time during the continuance of this security absent himself from the said business at any time for more than days, except in case of illness, without the consent of the said mortgagee, his executors, administrators, and assigns, then and in any such case the whole of the said sum of dollars (principal and interest) shall immediately become due and payable. In witness, etc.

shall become

due in certain

events.

Loan to One Partner made a Charge on his Profits in the Business.

Agreement made this

day of, 18, between

of junior partner's share.

senior partner in the firm of & Co., of the first part, and -, junior partner in said firm, of the second part. Whereas it has become expedient and desirable to increase the Recital of desire to in- capital of said firm, and the said junior partner is not crease capital. at present prepared to pay his proportion thereof, and the said senior partner has agreed to lend and advance to him his share of the increased capital, being the sum of dollars, upon the terms and conditions hereinafter expressed : Advance by Now these presents witness, that in consideration of senior partner the said sum of dollars, now advanced and paid by the said senior partner into the Bank, at aforesaid, to the credit of the capital account of the said copartnership for and on behalf of the said junior partner, as he hereby admits, he, the said junior partner, hereby agrees that the said sum of — dollars so advanced, together with interest thereon at the rate of per cent. per annum, shall be a charge and lien upon his share in the copartnership property and profits. The said junior partner further agrees, that he will pay to the said senior partner, or permit him to receive, half-yearly, out of his the said junior partner's share of the net profits of the said business, one full moiety thereof in part satisfaction of the said principal sum so advanced and interest thereon, until the whole debt shall be fully satisfied; and in the event of there being no such profits, the same shall be paid out of his share of and in the said copartnership funds and property on the dissolution of said copartnership.

Payment by junior partner out of profits.

priority to other claims.

And it is further mutually agreed that in the event of there Debt to have being no profits arising from the business at the expiration of months from the date hereof, or if the said copartnership shall be sooner dissolved, or if the said borrower shall become bankrupt, or shall compound or attempt to compromise with his creditors, or make any assignment of his interest in said copartnership, or shall suffer any action or other proceeding to be instituted against him affecting the copartnership property or his interest therein, then and in either of such cases the whole of the sum so advanced as aforesaid, or so much thereof as shall then remain due, with interest thereon, shall thereupon become payable to the said senior partner, his executors, administrators, or assigns, in priority to any other charge or claim whatsoever thereon or thereto. In witness, etc.

PARTY WALL AGREEMENTS.

A Concise Form.

This agreement, made this

in the commonwealth of
in the commonwealth aforesaid, witnesseth, adjoining

day of -
and

of

Owners of

estates.

and

that the said parties, being owners of adjoining estates situated on the

street, between

the boundary line between said estates

side of

streets, in said

being

feet

from the

line of

street, hereby mutually grant and covenant each for himself, and his heirs and assigns, to and with the other, and his heirs and assigns, that either party hereto, or his heirs or assigns, may build

Either may

wall.

Either may

a party wall of the thickness required by law on any build party part or the whole of the said boundary line between the said estates, which the other party, his heirs and assigns, shall have a right to use as herein provided, the middle line of which wall shall coincide with said boundary line; and either party hereto, or his heirs or assigns, may extend in any direction on said line any wall so built, extend or and may rebuild the same in case of the partial or total destruction thereof; and when any portion of any wall so built, extended, or rebuilt shall be used by the party, or by the heirs or assigns of the party, by whom the portion of the wall so used was not constructed, he or they shall pay to the party who constructed the same, or to his heirs or assigns, one half of the value at the time of such use of the whole thickness of the portion of such wall, including the foundation thereof, so used by him or them; and the sum so to be paid shall, until paid, remain a charge upon the land of the party liable to pay the same; but no covenant herein contained shall be personally binding on any person or persons, except in respect of breaches committed during his or their seizin of, or title to, the Chimneys said estates. Whenever any party wall built under to be carried this agreement shall be extended in height, the chim- up. neys previously built in such wall shall be carried up to a proper

To be a

charge upon paid.

the land till