this life before the expiration of the faid term of — years, then and in fuch cafe the furvivors or furvivor of the faid partners, and the executors and administrators of fuch furvivors or furvivor shall and will accept and take, in equal fhares and proportions between them, all the whole ftock of goods, wares, merchandizes, monies, good debts and effects whatfoever, which at or immediately before the decease of the party or parties fo dying fhall in anywife be appertaining unto them the faid parties as copartners, or by reafon or on account of their faid joint-trade. AND alfo in confideration thereof, and for a full recompence and fatisfaction to be had and made to the executors or adminiftrators of the party or parties fo dying, of and for his or their full part, fhare, and proportion of, in and to the faid joint-stock and trade, the fame furvivors or furvivor, his or their executors or adminiftrators, fhall and will truly fatisfy and pay, or caufe to be fatisfied and paid at or in their then place of trade, unto the executors, adminiftrators, or affigns of the party or parties fo dying, fo much good and lawful money as the full value of the part and fhare, or parts and fhares of and belonging to the faid party or parties fo dying, of and in the faid joint-stock and trade, and fuch good debts as aforefaid, did or fhall appear to be, or amount unto, by and according to the yearly account then laft before made and fubfcribed with their names as aforefaid) first deducting thereout fuch monies as the party or parties fo dying fhall from and after fuch laft yearly account have received out of the faid joint-trade for his or their weekly allowances as aforefaid); but in cafe no fuch account fhall have been then made, then fo much lawful money as the full value of the part and fhare or parts and fhares of the capital flock brought in'o copartnership by the party or parties fo dying, is, are or shall amount unto (first deducting thereout fuch monies as the party or parties fo dying fhall have received out of the faid joint-trade for his or their weekly allowances from the day of next preceeding fuch his or their decease). AND for a recompence and fatisfaction for the trouble and attendance of the party or parties fo dying, in and about the said trade and business, from the time of fuch last stated account (in cafe any fuch fhall have been) or in default thereof, from the day of next preceding fuch his or their refpective deceafe, the faid furviving party or parties, his or their executors or adminiftrators, fhall pay or caufe to be paid unto the executors, adminiftrators, or affigns of the party or parties fo dying, fuch weekly fum and fums of money, and upon fuch contingencies as are herein, after mentioned; (that is to fay) to the executors, adminiftrators, or affigns of the faid A. A. (in cafe he happen to die within the first four years of the faid copartnership) the weekly fum of pounds, but in cafe he happen to die within the last years of the faid copartnership, then only the weekly fum cf pounds. To the executors, adminiftrators, or affigns of the faid C. C. (in cafe he happen to die within the faid firft years of the faid copartnership) the weekly fum of pounds, but in cafe he happen to die within the faid

-

last years

of the faid copartnership, then the weekly fum of

pounds, the faid refpective laft mentioned weekly payments to be
computed and made from the stated account laft preceding the de-
ceafe of the party or parties fo dying (if any fuch account shall have
been made); or in default thereof, then from the ▬▬▬

day of
next preceding fuch his or their refpec-
tive decease, and to be continued and carried on until the time
of fuch the decease of the party or parties fo dying. AND it
is hereby declared and agreed by and between all the faid parties
to these presents, that all monies herein before provided or agreed
to be paid by the faid furviving party or parties, his or their exe-
cutors or adminiftrators, unto the executors adminiftrators, or
affigns, of the party or parties fo dying upon the refpective contin-
gencies aforefaid, thall be paid in manner following; (that is to fay)
one third part thereof at the end of fix calendar months next after
fuch the deceafe of the refpective party or parties fo dying; one other
third part thereof at the end of twelve calendar months next after
fuch the decease of the refpective party or parties fo dying; and the
remaining third part thereof at the end of eighteen calendar months
next after fuch the deceafe of the refpective party or parties fo dying.
AND for the better fecuring the payment thereof, the faid furvey-
ing party or parties fhall within one month after the decease of the
partner or partners fo happening to die, enter into and become bound
to the refpective executors or adminiftrators of the faid partner or
partners fo dying, in one or more bond or bonds of double penalty,
with one or more fuch furety or fureties as fhall be to the good liking
of the executors or adminiftra:ors of the party or parties fo dying,
conditioned for payment to them refpectively of fuch monies, and
at fuch time and place, and in fuch manner and form as aforefaid;
and fhall alfo thereupon enter into and become bound to the execu-
tors or adminiftrators of the refpective party or parties fo dying; in
one or more bond or bonds of fufficient penalty, for faving
harmless and indemnifying the heirs executors and adminiftrators
of the party or parties fo dying, and his and their lands and
tenements, goods and chattels of and from the debts which at the
time of his or their refpective decease were jointly owing by the faid
partners to any perfon or perfons, for any matter or thing touching
or on account of their faid joint-trade; and of and from all actions,
fuits, damages and expences, for or about the fame debts and
every of them, which debts the faid furviving party or parties fhall
pay and fatisfy in due and convenient time. AND it is hereby
agreed, that the executors or adminiftrators of the refpective party
or parties fo dying fhall and will (upon the fealing and
ting of fuch bonds as aforefaid) by writing fufficient in the law duly
executed, grant, affign and release uuto the party or parties fur-
viving, his or their executors or adminiftrators, all the part, fhare,
right, title, intereft, claim, and demand what foever, of them
the faid refpective party or parties fo dying, of, in and to the faid

execu

joint-stock,

joint-stock and trade, and the monies, goods, wares, debts (other than fuch debts as are herein after mentioned) gains, and other effects and eftates whatsoever, which at the time of fuch, his or their decease were in the joint-trade or copartnership between them the faid partners, or jointly owing or belonging unto them upon the account of their faid joint-trade. AND in cafe any of the faid partners fhall happen to die during this copartnership, then all fuch bad and defperate debts due and owing to or on account of the faid joint-trade, as fhall not have been reckoned as a good eftate, and as fuch caft up, and included in fuch yearly accounts to be made and stated as aforefaid, thall, with all convenient fpeed, be divided and diftributed between the surviving party and parties, and the executors or administrators of the party or parties deceased, in proportion to the refpective shares and intereft of the faid partners in the faid capital ftock and joint-trade; and thereupon the furviving party or parties, and the executors or adminiftrators of the party or parties deceased, hall give unto each other, and their respective executors and adminiftrators, full power and authority to fue for, get in and recover his and their refpective parts and fhares of fuch bad debts. AND whereas the faid A. A. is now poffeffed of the refidue of a certain leafe or term for years (whereof there are about

years to

come) of and in the faid meffuage or dwelling-houfe, fhop, or warehoufe, and premifes, wherein, he the faid A. A. now dwells, and where the faid trade is now carried on, with their respective appurtenances, which premifes he the faid A. A. holds at and under the yearly rent of pounds, or thereabouts. NOW this INDENTURE further witneffeth, and the faid A. A. doth hereby for himfelf, his heirs, executors, and adminiftrators, covenant, promife, and agree, to and with the faid B.B. and C. C. their executors and administrators, that in cafe he the said A. A. thali happen to die before the expiration of this prefent copartnership, (living the said B. B. and C. C. or either of them) then and in fuch cafe the executors or adminiftrators of him the faid A. A. fhall and will within the space of months next after fuch his decease, upon the requeft and at the coft and charges of tho faid B. B. and C C. or the furvivor of them, his executors or adminiftrators, legally and effectually affign and transfer unto them the faid B. B. and C. C. their executors and adminiftrators, all the then eftate, term and terms, right, title, and intereft of him the said A. A. his executors or adminiftrators, or and in the faid meffuage of dwelling-houfe, fhop, warehouse and premifes laft mentioned, with their appurtenances, (fubject nevertheless to the rent and covenants frors thenceforth to be paid, done and performed, by or on the parts and behalfs of the tenants or leffees of the fame premifes, by virtue of the leafe or leafes, under which the fame now are or fhall be then held.) AND laftly, it is hereby covenanted, granted, and agreed by and between all the faid parties to thefe prefents, and each of them, for himself, his heirs, executors, and adininistrators, doth covenant and agree, to and with the others and other of them, his and their executors

and

and adminiftrators, that if at any time during this copartnership, or at or after the end thereof, any variance, controverfy, difpute, doubt, or question fhall arife, grow or be moved between the faid parties, or the furvivors of them, their or any of their executors or adminiftrators, for, touching, or about the faid joint-trade or copartnership, or any covenant, agreement, claufe, matter or thing herein contained, or the conftruction thereof, then every fuch variance, controverfy, difpute, doubt or question, fhall be referred to and refolved, difcuffed and determined by three indifferent perfons to be elected by and between the faid parties, or the furvivors of them, or their respective executors or adminifttators, within days next after any fuch variance, controverfy, difpute, doubt, or question fhall arife or be moved. AND in cafe fuch three perfons cannot agree to determine the matter to them to be referred within days next after fuch reference, then the fame fhall be referred to and refolved, difcuffed and determined by fuch one indifferent perfon, as the faid three firft refers, or the major part of them fhall for that purpofe from time to time nominate and appoint umpire in the premiffes, who fhall determine the fame within twenty days next after he fhall be appointed umpire. AND whatever order, end, or determination, the faid three perfons, referrees, or their faid umpire fo to be elected and nominated as aforefaid, fhall within the refpective times in that behalf aforementioned make between the faid partners, or the furvivors of them, their executors or adminiftrators, touching or concerning the premifes, or any part thereof, each and every of them the faid partners do hereby feverally and refpectively for themfelves, their executors and adminiftrators, covenant, promife, and agree, to and with the other and others of them, his and their executors, and adminiftrators, to ftand to, perform and keep the fame, without any further fuit or trouble whatfoever. IN WITNESS, &c.

Sealed, &c.

Between two in the trade of a Hofier, one party to bring in threefourths ftok, the other one-fourth; and to divide in proportion. Indulgence as to one party's attendance, &c. and provifion for continuing the trade in cafe of Lis death; and to allow the other for trouble, &c.

HIS INDENTURE made the

THIS

day of

in the year, &c. between A. A. citizen and woollen-draper of London, of the one part, and B. B. also citizen and hofier of London, of the other part, witneeth, That the faid A. A. and B. B. for the good opinion which they have of each other, and for the better improving of their eftates, by God's bleffing and their honeft endeavours, and for other good causes and confiderations them thereunto moving, have concluded and agreed, and by thefrefents de mutually promife and agree to and with each other,

to be and continue copartners and joint-traders in the trade, art, and myftery of a hofier, and in the buying, felling, bartering, and transporting by way of merchandize or otherwife, all fort of hofe, ftockings, and fuch other goods, wares, merchandizes, and things, as both the faid parties to these prefents fhall jointly confent and agree to trade or deal in for the term or space of years, to commence and be accounted from the day of laft paft before the date hereof, fully to be compleat and ended (if both the faid parties fhall fo long live) fubject to the terms, provifoes, and agreements herein after mentioned; the fame joint-trade to be managed and carried on in fuch part, and fo much of the meffuage, tenement or dwelling-houfe of the faid A. A. fituate in

London, and commonly called or known by the name or fign of as is now used and fet apart for that purpose, or in such other house, fhop or warehoufe, place or places, in or about London as the faid parties to these prefents fhall, in that behalf mutually agree upon. AND for the better managing and carrying on the faid joint-trade, the faid parties have agreed with each other to bring into the faid joint-trade for their principal or joint-stock in money and wares the fum or value of pounds of lawful money of Great Britain, in the proportions following, (that is to fay) the faid A. A. the fum or value of pounds being three-fourth parts thereof, and the faid B. B. the fum or value of pounds, being the other fourth part thereof, which (amounting together to the faid fum or value of pounds) is to be, and fhall be accounted and taken as and for their capital or principal ftock. AND thereupon it is mutually and reciprocally covenanted, granted, concluded, and agreed upon by and between the faid parties to thefe prefents, and each of them for himfelf, his heirs, executors, and adminiftrators, doth hereby covenant, promise and agree, to and with the other of them, his executors and adminiftrators, in manner and form following; (that is to fay) that the faid capital ftock of pounds, and all gains,

profits, and increase, which shall be made, raifed, or gotten, in or by means of the faid joint-trade, fhall from time to time during the faid copartnership be continued, used and employed in the faid jointtrade, and no part thereof is to be taken out of the faid joint-ftock or trade, or by either of the faid parties ufed, converted, or employed in or for any other ufe, trade, intent, or purpose whatsoever (except fuch allowances and deductions as are herein after mentioned.) AND that neither of the faid parties during this copartnership, shall with his own monies (not belonging to the faid joint-stock, or upon credit given him by any perfon or perfons whatfoever) trade, traffick, negotiate, barter, or deal in any matter or thing in the way or trade of a hofier, or in any of the wares, merchandizes or commodities in which the faid parties fhall mutually confent and agree, or think fit to trade or deal in, fave only upon the account, and for the advantage and benefit of the faid joint-stock and trade. AND that

the