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may happen to arise between them during this copartnership, thall be amicably fettled, by referring the same to two indifferent persons, whereof each party to chuie one ; and that if the said 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 said two persons to nominate a third person as umpire 'twixt the said parties, who Thall have power to determine all matters in difference between them, within one month next after the reference shall be so made to him; AND that the party who shall refuse to refer the said matters in difference in manner aforesaid, or shall not abide by the determination of such persons to be appointed as arbitrators or umpire as aforesaid, shall and will forfeit and pay to the other of them the sum of pounds of lawful money of Great Britain; AND for the true performance of the several covenants and agreements herein before contained on the part of the said parties respectively, their respective executors and administrators, to be performed, fulfilled, and kept, each of them bindeth himself an herself, and his and her executors and administrators unto the other of them, his and her executors and administrators, in the penal ium of pounds of like lawful money firmly by these presents, In witness &c.
In the business of a Lighterman, containing a covenant, whereby
the fi citing pariner, in case of death, agrees to allow a sum of money to ibe widow or children of the deceased partner. ARTICLES OF AGREEMENT, indented, had, made, and concluded upon, this day of
1773, between 7. IV. ofc. Lighterman, of the one part; and W.0. of Sc.
Lighterman, of the other part.
trust and confidence they have and repose in each other, have joined, and by these presents DO join themselves to be copartners in the business of à Waterman and Lighterman, and in all things thereunto belonging, which said co artnership is to be and continue from the day of next, for and during the fultend and term of. years, from thence next ensuing, and fully to be compleat and ended; WHEREAS the said 7. W. and W. 0. have for some time past followed and exercised the business of a Waterman and Lighterman, in carrying to and bringing from on board of ihips, goods, wares, and merchandizes, in which business they have at present in their separate 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 these presents, that the afore-mentioned boats, lighters, crafts, apparel, tackie, and utenfils, shall be deemed as common stock belonging equally to both the said parties; AND it is also agreed by and between the fait parties, that all the neat gains, benefits and profirs, or advantages, that ihall be gotten, had or made by both or either of
them, in the afore-mentioned business of Waterman and Lighterman, shall go and be distributed and divided between them in equal moieties, share and share alike; and that all repairs of boats, lighters, crafts, apparel, tackle, and utensils, warehouse rent, for keeping the same in, and all other neceflary and incident charges and expences attending the said business, fhall, from and after the day of be paid by the said copartners in equal moieties, share and share alike; AND for the better ascertaining as well the gains, benefits, profits, and advantages, that shall be gotten, had, or made, in the pursuit of this business, from, and in equal moieties, share and share alike, from and after the said day of next, for and during the continuance of this copartnership, as to the payments, disbursements, and outgoings, by reason or on account thereof; IT IS hereby agreed by and beiween the said copartners, that each of them Mall keep an account of monies by them respectively received and paid, which accounts Thal} be ascertained and settled on the last day of each month, and the surplus, or deficiencies, as the case may happen, divided or made good in equal inoieties; to which books so to be kept the said parties are respectively to have constant access as often and whenever they shall so defire or require; besides which books, another book shall be kept at the house of the said J. IV. wherein regular and daily entries shall be made, and a general account kept of all the businels that shall be done by both or either of the said parties; to which book or books the said W.0. Ihall have free access, whenever and as often as he the said W.0. shall defire or require ; which accounts are to be settled and adjusted at least once every year by the said J.W. in conjunction with ihe said W.O. AND the laid 7. W. for himself, his executors and administrators, doth hereby covenant, promise and agree, to and with the said It'. 0. his executors and administrators, that be the said 7. IV. shall and will fettle and adjust the said general accounts in manner aforesaid, and pay, or cause to be paid, unto the said W. 0. bis moiety or share of the neat gains, benefits, and advantages, that shall happen to be gotten, had, or made as aforesaid, and shall bave been received by the said J. W. he taking at the same time from the faid W. 0. such acknowledgement or acknowledgements as shall be thought convenient and necessary to make appear the said 7. W's having settled and adjusted the said general accounts, according to the true intent and meaning of these presents, and of his hava ing paid and fatisfied unto the said W. 0. his moiety or share of and in the said gains; AND it is likewise mutually agreed, by and between the said parties, that in case any loss or damage shall happen to any goods that shall 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 same shall be paid and sustained by them only, or by iheir respective executors or administrators, in equal moieties, share and share alike, unless such lois or damage shall have happened to have been done and committed by the wilful meglect, carelefiness, or design, of one of the said para ties; in which case the guilty party only shall sustain and make good
the whole out of his own particular estate, without the other party being liable or obliged to contribute any thing towards such loss or damage; AND it is hereby also agreed by and between the said parties, that no family expences of either of them shall be chargeable upon the said copartnership, but that each of them fkal) respectively bear bis family expences out of his own and particular monies, exclusive of this intended copartnership; AND FURTHER, that neither of the said parties shall or will enter upon, be engaged or concerned in any other trade, business, or employment whatsoever, during the above-mentioned terny of years, without leave or consent previously obtained in writing under the hand of the other party ; but that they will give their respective daily and constant attendance to the faid business of a Waterman and Lighterman, in such places, at such times, and in such manner, as shall be most 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 fall be tending to the due execution, promotion, and advancement of their aforementioned business ; and that in case of sickness, total disability by any accident, or decay of nature, the party that shall so happen to be fick, indiiposed, or disabled, thall continue to reap the fame advantages as he would have reaped in case he had enjosed his health, and could have attended ar 3 foilowed the said business; and that in case of death of either of the faid parties before the expiration of the said term of
years, then this intended copartnership Shall, upon the death of such copartner, entirely cease and determine, and be at an end, ic being agreed by and between the said parties, that no right of survivorfhip hall take place, force, or eífest, between them the faid parties, touching effects or debes belonging to the party that shall so happen to die, but that the same thall remain and belong to his executors and administrators, any law of joint-tenancy, or any usage or custom, or any thing in these prelenis to the contrary contained notwithftanding; AND the said parties to these presents, for the love and affection they reciprocally bear each other, and for divers other good causis and considerations them thereunto moving, Da further covenant, promise, and agree, to and with each other, and to and with the respective executors and administrators of each other, that in case of the death of either of the said copartners, before the expiration of the said term of
years, herein before limited, or other sooner determination of these presents, then the surviving copartner fball, out of his own proper estate, and not out of the faid copartnership, allow and pay to the widow of the deceased, if any such inall at that time be living, the sum of - pounds, of good and lawful money of Great Britain; and for want of such widow, then the like sum to the child, or among the children of the decealed, if any such thall be at that time living; and for want of a child or children, then the said lum of pounds thall be paid by the survivor to the executors or adminiftrators of the decʻaled, and that within months next after the death of the party lo dying, by woich time also the surviving copartner fall cause the boats,
lighters, crafts, tackle, apparel, implements, and all other things belonging to the said copartnership, to be appraised or sold by one or more proper person or persons, and the produce thereof to be divided and distributed in the manner following, (that is to say) one moiety or equal one half part to the said surviving copartner, and the other moiety to such person or persons as the pounds, as the case may happen, is herein before appointed to be paid; AND it is hereby further coveDanted and agreed, by and between the said parties, that the said copartnerthip is to continue from the said day of — next entuing, for, and during, and unto the full end and term of years, in case both the said parties thall so long live, and unless either of them hall be minded or desirous to dissolve the same at the end of the first seven years, part of the said — years, which is agreed upon between the taid parties may be done, the party lo desiring the same giving fix months notice under his hand to the other of such his intention. AND LASTLY, ir is hereby mutually agreed, by and between the said parties to these presents, that in case any difference or cilpute shall happen to arise between the said parties during the full term, or continuance of this intended copartnership, or in case of the death of one of them, between the surviving copartner and the executors or administrators of the deceased, that the same shall be entirely and finally settled and adjufted by two arbitrators indifferently to be chosen, and by oath of the paries, their executors or administrators, and in case the said two arbitrators shall not agree, they the said two arbitrators are to name a third person or umpire, the fáid parties respectively promising hereby, to stand to, abide by, hold for good, firm, and valid, and truly and faithfully perform and comply with the determination or award of such arbitrators or umpire, and that such arbitration or umpirage for greater validity thereof, shall be made a rule of his Majeliy's Court of King's Bench; AND for the true performance of all and every the covenants, payments, articles, promises, and agreements, herein contained, on the part and behalf of the said parties, their executors or administrators, to be done and performed, euch of them doth bind and oblige himself, his executors, and admin pitrators, to the other of them, in the penal sum of pounds of lawful money of Great Britain, firmly by these presents. In witness &c.
Between a Colonel of a Regiment and his Agent.
ARTICLES OF AGREEMENT, indented c. between the
honourable 1. B. Esq; Colonel of his Majesty's - Regiment of - of the one part; and C. D. of the parish &c. of the other part.
HEREAS the faid A. B. by a certain writing under
bis hand and scal, bearing equal date herewiih, hath appointed the laid C. D. to be his agent to the faid Regiment, for which
Agency the faid C. D. hath paid to the said A. B. the sum of pounds Sterling, the receipt whereof is hereby acknowledged, upon fuch conditions and agreements nevertheless as are hereafter mentioned and agreed upon. NOW THESE PRESENTS WITNESS, that it is mutually covenanted, declared and agreed, by and between the said parties to these presents, and the faid A. B. for himself, his heirs, executors, and administrators, DOTH covenant, promise, and agree, to and with the said C. D. his executors, administrators, and aligns, by these presents in manner following, (that is to say) that if the faid A. B. and C. D. or either of them, fhail happen to die before the end of -- years, to be computed from the day of the date of these presents; or if the said Regiment shall before that time be broke or reduced, or be put on the Irijh establishment, or be disposed of to any other person, that then, and in either, or any of the said cases so happening within the said term, and not otherwise, the faid A. B. or his heirs, executors, or administrators, Thall and will immediately after any such case so happening, return and repay, or cause to be returned and repaid unto the said C. D. his executors, administrators, or affigns, so much of the said sum of pounds, (after a deduction of profits made thereout of the yearly sum of pounds, and in proportion thereto for less than a year for the fame time) as fhall then remain behind and unfatisfied; AND the said C. D. for himself, his executors and administrators, doth covenant and agree, to and with the faid A. B. his executors and administrators, by these presents, that he the said C. D. his executors and adminiftrators, shall and will accept of so much, or such part of the faid fum of pounds, (after the deduction of the yearly sum before. mentioned, and in proportion thereto for less than a year made thereout as aforesaid) as shall happen to become returnable to him or them in any such café so happening within the said term as aforesaid, in full performance and satisfaction of all money to be returned pursuant to this agreement; AND it is agreed by and between the said parties, that if the said A. B. thall at any time hereafter be appointed Colonel of any other regiment of - upon the British eftablishment in lieu of his present regiment, that then the said C. D. fhall continue Agent thereto, and fhall have and enjoy the same place in like manner as is herein mentioned and agreed upon for this present regiment, any thing herein contained to the contrary thereof notwithstanding ; AND IT IS FURTHER agreed between the parties, that the faid C. D. shall have, take, and enjoy, to his own use, ALL the pay, poundage, perquisices, and profiis, belonging to the said place of Agent, according to the custom and usage of the army now practised ; PROVIDED ALWAYS, and the presents are upon this conditition, and it is declared and agreed, by and between the said parties hereunto, that if the said A. B. shall at any time, before the end of the faid term of years, or afterwards, be minded to remove the said C. D. from the said place of Agent to his faid Regiment, or any other regiment of -- upon the British establishment, which may come to be under his command, and do and Thall well and truly