all dealings in general relating to the faid joint trade, fhall from time to time be daily charged and entered by the faid 7. A. in proper books for that purpose to be provided out of the said joint stock, wherein shall be alfo entered a fair and just account of all monies laid out and paid for housekeeping, rent, taxes, repairs, fervants wages, and other outgoings, whereby the fair and clear accounts of the faid joint trade may appear; and that all fuch books, and all fecurities, accounts, and writings relating thereto, fhall be kept in fome place within the premises where the faid partnership fhall be carried on and managed, whereto the faid A. P. may refort at all times, to have the fight, perufal, and examination thereof, and to take copies, or extracts of all or any part thereof, without any let or denial whatfoever; and that neither of the faid parties fhall fecret or remove any of fuch books, fecurities, accounts, or writings as aforefaid; AND FURTHER, that the faid joint eftate fhall not at any time be feized, charged, or incumbered with, or for any private or particular debt of either of the faid parties, but that every fuch private debt fhall be paid and difcharged by the party liable thereto, out of his or her particular eftate; AND FURTHER, that neither of the faid parties fhall or will at any time during the faid copartnership, fell or deliver upon credit, or lend, any goods or money, or fecurity belonging thereto, to any perfon whatfoever, whom one of them fhall by writing under his or her hand, caution or forewarn the other not to truft or give credit to; and that if after fuch warning given, either of the faid parties fhall fo do, then the debt or debts fo made thereby, fhall be charged in the partnership books, upon the party fo lending or trufting the fame, who fhall bear the lofs thereof (if any fhall happen thereby) and make good the fame to the faid joint ftock, within three months next after the lending or trufting thereof, nor fhall or will either of the faid parties, during the continuance of the faid joint trade, compound any debt which fhall arife or grow due thereto, nor fign any bankrupt's certificate, or any letter of licence, releafe, or other inftrument, whereby any money to grow due to the faid joint trade may be leffened, delayed in payment, or difcharged, without the confent of the other of the faid parties for that purpose first obtained; NOR fhall either of them become bail or fecurity for, with, or to any perfon or perfons, by bond, bill, promife, or otherwife, without the other's confent thereto in writing, first had and obtained, AND ALSO, that upon the 25th day of March now next enfuing, or within fourteen days then next following, and fo afterwards annually on of within fourteen days after the 25th day of March, in every year during this copartnership, a general account fhall be taken, fettled, and ftated, by and between the faid parties touching the faid joint trade, and the ftock, encrease, profit, value, and lofs thereof, and of all debts owing and payable to or by the faid copartnership; and that fuch accounts, or the extracts thereof, fhall from time to time be fairly written and entered in two feveral books to be kept for that pur pofe, fo as that such stated accounts may appear clear and intelligible, at the close of which extracts or entries the faid parties fhall feverally fubfcribe

fubfcribe their names, fignifying their approbation and confent to the ftating of fuch accounts; and each party fhall have and keep one of fuch books fo figned as aforefaid, which faid accounts fo paffed and fubfcribed fhall be binding and conclufive, unlefs fome error be difcovered in the life-time of both the faid parties, and certified in writing by the party difcovering the fame to the other of them; AND it is alfo agreed, that up on the balancing and fettling every fuch annual account, the neat profits appearing to be gained by the faid principal stock, and by the faid trade, fhall be equally divided be ween the faid parties; AND LIKEWISE, that within the fpace of twenty days next after the expiration of the faid term of seven years, or other fooner determination of this copartnership, by either of the faid parties, making, giving, executing, or accepting any fuch writing as aforefaid, a final general account fhall be fettled, entered, fubfcribed, and pailed, by and between them, of and concerning all matters and things relating to the faid joint trade, not before accounted for; and that fo foon as the fame fhall be fettled and fubfcribed, the faid copartnership estate and effects fhall be applied to pay off the debts which fhall be then due from the faid copartnership account, and then the refidue of the faid joint ftock, eftate, and effects, as alfo the outftanding debts due to the faid copartnership, fhall be equally divided between the faid parties; AND after fuch divifion as aforefaid, neither of them, nor either of his or her executors or adminiftrators, fhall or will release or discharge any of the debts which fhall belong to the other of them, or difavow any action or fuit which fhall or may be commenced for recovery thereof; PROVIDED ALWAYS, and it is further covenanted and agreed, by and between the faid parties to thefe prefents, that if either of them fhall depart this life, during the continuance of this copartnership, the furvivor of them, his or her executors or adminiftrators, fhall ftand charged with the whole eftate, debts, and effects, which fhall belong to the faid copartnership, at the time of fuch decease happening, and after deducting fufficient to discharge all the debts which shall be then due from the faid joint trade, fhall and will pay to the executors or adminiftrators of fuch deceased party, his or her equal moiety of the refidue of the furplus of the faid joint eftate, debts, and effects, as the fame fhall be appraised and valued by two or more fair and indifferent perfons, together with intereft for the fame, from the death of such deceafed party, after the rate of five per cent. per annum, within the fpace of fix calendar months next after the day of the death of such deceafed party; PROVIDED ALSO, that if it fhall happen that the faid 7. A. thall furvive the faid A. P. that then and in fuch cafe the two leafes of the premifes wherein the faid joint trade is now carrying on, fhall be by her executors or adminiftrators affigned unto the faid J. A. his executors, adminiftrators, and affigns, for all the refidue of the terms which fhall be at the time of fuch decease to come therein, fubject to the rents and covenants from the quarter-day preceding fuch her deceafe, on the leffee's part to be paid and performed; AND it is further agreed by and between the Laid parties to thefe prefents, that all differences and difputes which NUMB. III.

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may happen to arife between them during this copartnership, fhall be amicably fettled, by referring the fame to two indifferent perfons, whereof each party to chufe one; and that if the faid perfons do not agree within the space of one month next after the matters in difference shall be referred to them, that then it shall be in the power of the faid two perfons to nominate a third perfon as umpire 'twixt the faid parties, who fhall have power to determine all matters in difference between them, within one month next after the reference shall be fo made to him; AND that the party who fhall refuse to refer the faid matters in difference in manner aforefaid, or fhall not abide by the determination of such persons to be appointed as arbitrators or umpire as aforefaid, shall and will forfeit and pay to the other of them the fum of pounds of lawful money of Great Britain; AND for the true performance of the feveral covenants and agreements herein before contained on the part of the faid parties refpectively, their refpective executors and adminiftrators, to be performed, fulfilled, and kept, each of them bindeth himself and herself, and his and her executors and adminiftrators unto the other of them, his and her executors and adminiftrators, in the penal fum of pounds of like lawful money firmly by these prefents.

In witness &c.

Sealed &'c.

In the business of a Lighterman, containing a covenant, whereby the fung partner, in cafe of death, agrees to allow a fum of money to the widow or children of the deceafed partner.

day of

ARTICLES OF AGREEMENT, indented, had, made, and concluded upon, this 1773, between 7. W. of &c. Lighterman, of the one part; and W. O. of &c. Lighterman, of the other part.

IMP

MPRIMIS, The faid 7. W. and W. O. from the truft and confidence they have and repofe in each other, have joined, and by thefe prefents DO join themselves to be copartners in the business of a Waterman and Lighterman, and in all things thereunto belonging, which faid copartnership is to be and continue from the-day of next, for and during the full end and term of. years, from thence next enfuing, and fully to be compleat and ended; WHEREAS the faid J. W. and W. O. have for fome time paft followed and exercised the bufinefs of a Waterman and Lighterman, in carrying to and bringing from on board of thips, goods, wares, and merchandizes, in which business they have at prefent in their feparate employ 4 boats, lighters, or crafts, with the moving apparel, tackle, and utenfils thereunto belonging and appertaining; NOW in order for the carrying on of the faid copartnership, IT IS mutually agreed, by and between the faid parties to thefe prefents, that the afore-mentioned boats, lighters, crafts, apparel, tackle, and utenfils, fhall be deemed as common ftock belonging equally to both the faid parties; AND it is alfo agreed by and between the faid parties, that all the neat gains, benefits and profits, or advantages, that thall be gotten, had or made by both or either of them,

them, in the afore-mentioned bufinefs of Waterman and Lighterman, fhall go and be diftributed and divided between them in equal moieties,' fhare and share alike; and that all repairs of boats, lighters, crafts, apparel, tackle, and utenfils, warehouse rent, for keeping the fame in, and all other neceffary and incident charges and expences attending the faid bufinefs, fhall, from and after the

day of be paid by the faid copartners in equal moieties, fhare and fhare alike; AND for the better afcertaining as well the gains, benefits, profits, and advantages, that shall be gotten, had, or made, in the purfuit of this bufinefs, from, and in equal moieties, fhare and fhare alike, from and after the faid — day of next, for and during the continuance of this copartnership, as to the payments, difburfements, and outgoings, by reafon or on account thereof; IT IS hereby agreed by and between the faid copartners, that each of them fhail keep an account of monies by them refpectively received and paid, which accounts fhall be afcertained and fettled on the last day of each month, and the furplus, or deficiencies, as the cafe may happen, divided or made good in equal moieties; to which books fo to be kept the faid parties are refpectively to have conftant access as often and whenever they fhall fo defire or require; befides which books, another book fhall be kept at the house of the faid J. W. wherein regular and daily entries fhall be made, and a general account kept of all the bufinefs that shall be done by both or either of the faid parties; to which book or books the faid W. O. fhall have free accefs whenever and as often as he the faid W. O. fhall defire or require; which accounts are to be fettled and adjusted at least once every year by the faid J. W. in conjunction with the faid W. O. AND the faid 7.W. for himself, his executors and adminiftrators, doth hereby covenant, promife and agree, to and with the faid W. O. his executors and adminiftrators, that he the said J. W. fhall and will fettle and adjust the said general accounts in manner aforefaid, and pay, or caufe to be paid, unto the faid W. O. his moiety or fhare of the neat gains, benefits, and advantages, that fhall happen to be gotten, had, or made as aforefaid, and shall have been received by the faid J. W. he taking at the fame time from the faid W. O. fuch acknowledgement or acknowledgements as fhall be thought convenient and neceffary to make appear the faid J. W.'s having fettled and adjusted the faid general accounts, according to the true intent and meaning of thefe prefents, and of his hav ing paid and fatisfied unto the faid W. O. his moiety or share of and in the faid gains; AND it is likewife mutually agreed, by and be tween the faid parties, that in cafe any lofs or damage fhall happen to any goods that fhall be under the care, conduct, and charge of both or either of them, from and after the faid day of next, until the expiration and determination of this copartnership, the fame fhall be paid and sustained by them only, or by their refpective executors or adminiftrators, in equal moieties, fhare and fhare alike, unless fuch lois or damage fhall have happened to have been done and committed by the wilful neglect, careleffnefs, or defign, of one of the faid parties; in which cafe the guilty party only fhall fuftain and make good

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the

the whole out of his own particular eftate, without the other party being Jiable or obliged to contribute any thing towards fuch lofs or damage; AND it is hereby alfo agreed by and between the faid parties, that no family expences of either of them fhall be chargeable upon the faid copartnership, but that each of them fall refpectively bear his family expences out of his own and particular monies, exclufive of this intend ed copartnership; AND FURTHER, that neither of the faid parties fhall or will enter upon, be engaged or concerned in any other trade, business, or employment whatfoever, during the above-mentioned term of years, without leave or confent previously obtained in writing under the hand of the other party; but that they will give their respective daily and conftant attendance to the faid bufinefs of a Waterman and Lighterman, in fuch places, at fuch times, and in fuch manner, as fhall be moft convenient and proper, (hindrance by reason of sickness or other inevitable accident only excepted,) and that they fall and will conform themselves to all that fhall be tending to the due execution, promotion, and advancement of their aforementioned bufinefs; and that in cafe of fickness, total difability by any accident, or decay of nature, the party that fhall fo happen to be fick, indifpofed, or difabled, fhall continue to reap the fame advantages as he would have reaped in cafe he had enjoyed his health, and could have attended and followed the faid bufinefs; and that in cafe of death of either of the faid parties before the expiration of the faid term of years, then this intended copartnership fhall, upon the death of fuch copartner, entirely ceafe and determine, and be at an end, it being agreed by and between the faid parties, that no right of furvivorship fhall take place, force, or effect, between them the faid parties, touching effects or debts belonging to the party that fhall fo happen to die, but that the fame fhall remain and belong to his executors and adminiftrators, any law of joint-tenancy, or any ufage or custom, or any thing in thefe prefents to the contrary contained notwithstanding; AND the faid parties to thefe prefents, for the love and affection they reciprocally bear each other, and for divers other good caufes and confiderations them thereunto moving, DO further covenant, promife, and agree, to and with each other, and to and with the refpective executors and adminiftrators of each other, that in cafe of the death of either of the faid copartners, before the expiration of the faid term of years, herein before limited, or other fooner determination of thefe prefents, then the furviving copartner fball, out of his own proper eftate, and not out of the faid copartnership, allow and pay to the widow of the deceased, if any fuch fhall at that time be living, the fum of - pounds, of good and lawful money of Great Britain; and for want of fuch widow, then the like fum to the child, or among the children of the deceased, if any fuch fhall be at that time living; and for want of a child or children, then the faid fum of pounds fhall be paid

by the furvivor to the executors or adminiftrators of the decafed, and that within months next after the death of the party fo dying, by which time alfo the furviving copartner fhall caufe the boats, lighters,