No. XLIX. Coachmaker. Employer agrees to pay stipulated bire. Dissolution of agreement. may be accidentally or orwise broken while the sd chariot is in day of his exs ads or ass in each mth during as afd. the subsistence of this agrt well and truly pay or cause to be In witness &c. see ante, No. XLVI. Agreement to accept a Composition-see post, COMPOSITION. No. L. Copartnership. Parties. No. L. Agreement to enter into Copartnership at some future Time. Obs. 1. It seems that a court of equity will decree the specific performance of a contract for a copartnership, provided it is to continue for a definite period, Buxton v. Lister, 3 Atk. 383; Anon. 2 Ves. 629; but not otherwise, Walker v. Harris, 1 Anstr. 245. 2. In an agreement of this kind should be inserted all conditions and covenants which are not usual, as for instance, in regard to survivorship, since the good-will of a profession, if not of a trade, will survive on the death of either party, Farr v. Pearce, 3 Madd. 74. This ought therefore to be provided for by express stipulation. (As to copartnership, see further COPARTNERSHIP.) Articles &c. see ante, No. XLVI. Betn A. B. of &c. of the one pt and C. D. of &c. of the or. pt Witness That the sd A. B. doth (a) If it be so agreed say— "Or except such dams as may happen to the sd chariot by overturning or other violence, whether under the care of the coachman or servt of the sd (E.)" hby agree to take the sd C. D. into coptnship with him in his by two in No. L. Copartnership. Terms of agree ment. executed. clauses to be inserted in the deed. next ensuing on the terms and condons follg that is to say That the sd C. D. shall pay to the sd A. B. on or before the sd day of the sum of £ as a premium or fee to be admitted into the sd coptnshp That the stock in the sd trade shall be valued on or before the day of different persons one to be chosen by the sd A. B. and the other by the sd C. D. and in case they cannot agree by an umpire to be chosen by the sd arbitrators That the sd C. D. shall advance a sum equal to half the amount of the sd valuation to be pd within the space of cal mths after the commencement of the sd coptnshp That a proper deed or instmt in writg shall Deed of copartbe prepared within the space of six weeks from the date of these nership to be prsts at the jt expence of the sd pties in which deed it shall be provided and decld That the capital stock shall consist of Covenants and £ and that if either pty be minded to bring in a furr capital the sd jt stock shall be liable to make good the same with int after the rate of five per cent. per ann. That neither of the pties shall at any time during the continuance of the sd term be concerned in any or. trade That all the insurable pt of the stock shall be insured at the expence of the jt trade That no apprentices shall be taken nor servants dismissed or hired witht the mutual consent of the sd pties That the premiums with apprentices shall be added to the jt stock That books of accts. shall be kept in the usual manner and be open to the inspection of the sd pties That true and just accts of the jt trade shall be made half yrly and the surplus proceeds be divided equally and proportionally between them That neither of the pties shall apply the ptshp mos to his own use nor buy and sell accept and give bills compound and release debts nor do any or. thing to affect the jt trade witht the consent of the or. That if either of the sd pties shall happen to die bfre the expiron of the sd term no bent of survorshp shall accrue to or be taken by the or. of them That disputes shall be referred to arbitration and all or. covts provos and stipulations clauses and agrments shall No. L. Copartnership. be inserted as are usual in deeds of coptship of a like kind. In witness &c. see ante, No. XLVI. Agreement for Dissolution of Copartnership,-see post, Co- No. LI. Parties. Debtor agrees to pay trustees. No. LI. Agreement between a Debtor and his Creditors to pay his Debts by Instalments. Obs. As to the force and efficacy of such an agreement, see COм POSITION. Articles &c. (see ante, No. XLVI.) Betn (Debtor) of &c. of the first pt A. B. of &c. C. D. of &c. and E. F. of &c. creditors of the sd (Debtor) of the second part and (Creditors) of the third pt. Whas the sd (D.) on the day of the date of these presents stands justly indebted to the sd (C.) in the sevl sums of money followg (Here recite the amount of debts to the several parties) and the sd sevl crs above named at the request of the sd (D.) do resply agree to accept and take their respive debts in the manner and proportion as is hinafter mentd. Now these Presents Witness That the sd (D).) for himself his hrs exs ads and ass doth hby covt promise and agree with and to the sd pties of the second and third pts their respive exs ads and ass that he the sd (D.) his hrs exs or ads or some or one of them shall and will by and with the consent direction nomination and appntmt of his sd or. crs testified by their being made pties to these prests and their sealing and delivering of the same well and truly pay or cause to be pd unto A. B., C. D. and E. F. their exs or ads or some or one of them the full sum of £ of lful money of Great Britain on the next ensuing the date of these prests or within sum of £ on the day of successively followg until the sum of £ sum of £ be thby pd and satisfied. likewise pay or cause to be pd unto the day of three days after and the furr every mth then next and being part of the sd And shall and will sd A. B., C. D. and E. F. their exs or ads or some or one of them the furr sum of on the £ day of which is in the year 18 being No. LI. Debtor and Creditor. not to sue. the residue and in full satisfaction and discharge of the afd sum of £ and of all or. sum and sums of money due and owing to the sd (C.) resply or any of them. Upon special trust and confidence nevertheless and to the intent and purpt that the sd A. B., C. D. and E. F. shall and will upon demand pay and satisfy unto each and evy of the sd crs above named a just due and equal pt or share of all such sum or sums of money as shall from time to time be so pd to them or either of them resply by the sd (D.) in proportion to the sevl debts hinbefe mentd to be due to them the sd A. B., C. D. and E. F. and the rest of the crs resply. And the sd crs for themselves sevlly and resply and Creditors agree for their sevl exs and ads and not the one for the or. of them do and each of them doth hby covt and promise with and to the sd (D.) his exs and ads that until deflt shall be made by the sd (D.) his exs or ads of or in payment of the sd sum or sums of money hinbefe covtd to be pd or of some pt thof contrary to the true intent and meaning of the sd covt they the sd crs above named or any of them or any of their exs or ads resply shall not nor will sue arrest imprison implead or attach the sd (D.) his hrs exs or ads or any of their or his lds tenmts goods or chattels or any pt thof for or upon the acct of the sd sum of money or any or, sum or sums of money now due or owing to them or any of them in any wise howser. And in case the sd crs their exs or ads or any of them resply shall before such deflt made act or do contrary to the sd covt he the sd (D.) shall be and is hby for ever acquitted and relsd of and from all sums of money bills bonds accts and demands whatsr due owing or belonging to or which may or might be asked claimed or demanded by such of the sd crs resply so acting or doing contrary to the sd covt for any matter cause or thing whatsr unto the day of the date of these presents. And the sd (D.) doth hby covt and promise Debtor covewith and to the sd A. B., C. D. and E. F. and the rest of the in an account. sd crs above named that within the space of days next after they the sd crs above named have sealed and executed these presents he shall and will deliver to and leave with them the sd A. B., C. D. and E. F. or one of them a true acct of all his stock and effects and of all the debts now due and owing to nants to deliver No. LI. Debtor and him from any person or persons whomsr togr with an acct of the names and places of abode of the sevl pties owing the same. In witness &c. see ante, No. XLVI. No. LII. Debtor and Creditor (Bankrupt). No. LII. Agreement by a Bankrupt to pay a Debt from which he is discharged. Obs. By the 6 G. 4, c. 16, s. 131, it is provided that no bankrupt shall be liable upon any promise to pay a debt discharged by certificate, unless such promise be in writing, see Dig. p. ii. tit. BANKRUPT, p. 203, n. (r). I, A. B. of &c., do hby promise and agree with (C.) of &c. that in consideration of his forbearance I will pay him the sum of £ from which I have been discharged by certificate in manner following, that is to say, the sum of £ mths, and the remaining sum of £ ration of Witness my hand, at the expi at &c. A. B. No. LIII. Debtor and No. LIII. Agreement by a Person to pay a Debt contracted during Infancy. Obs. By the 9 G. 4, c. 14, s. 5, no person can be charged upon any promise, made after full age, to pay a debt contracted during infancy, unless the same be in writing. I, A. B. of &c., being now of full age, do hby promise and agree with and to (C.) of &c. that, in consideration of the debt contracted with him during my infancy being a just and bonu fide debt, I will pay him the sum of £ the amount thereof, after the expiration of Witness my hand, mths from the day of A, B. |