Vol. Page.

COPARTNERS.-Continued.

ri, 262

Subcontractors, viz. persons who secretly take a
beneficial share of the profits of one of the
partners, are not contractors
But dormant or sleeping partners who bring in a
part of the capital without personally interfering,
are equally liable to all the world as copartners
They cannot, however, receive interest on their
capital beyond the profits, as this would be

usury

ib.

ib.

vi. 273

vi. 276

Reason of the common covenant not to be con-
cerned in other trades
Separate creditors have no claim on the joint es-
tate, unless one partner has fraudulently ac-
cepted bills in the name of the firm
Each partner is bound by the other's aceeptance,
unless there has been notice, or the party know it
not to originate in a copartnership transaction vi. 277,278
One copartner cannot bind the other by deed

under seal

vi. 278

But he may sign bankrupts' certificates

vi. 279

Either party may buy and sell at pleasure to any
amount, unless restrained therefrom

vi. 276

And although one partner cannot release by deed,

yet the release of debts, which is of a commercial
nature, is an exception to the rule

vi. 280

Copartnership determines by bankruptcy.

vi. 283

Dissolution of copartnership on notice, should be
at Christmas

vi. 287

Stock must be sold on the dissolution of a co-
partnership

vi. 292

A retiring co-partner is liable to outstanding debts,
and therefore ought to be indemnified
Representatives of a deceased partner may in some
cases be liable to the partnership creditors in
equity

vi. 293

vi. 294

The use of a penalty in partnership deeds

vi. 314

If there is a renewal or continuance of a copartner-
ship, it should be reduced to writing

vi. 331

A dissolution of copartnership should be advertised

in the Gazette, and circular notices thereof sent
to the correspondents of the firm

That the trade shall be carried on in the joint

At a certain place

ib.

vi. 256

vi. 257

ib.

COPARTNERS.-Continued.

Vol. Page.

That premises hereafter purchased, shall be part
of the capital stock

That stock in trade shall belong to the partners
equally

That if either party bring in a further capital, or
leave his share of the profits in trade, the joint
trade to be chargeable therewith

That money may be borrowed by either party
with consent

vi. 257

ib.

vi. 259

ib.

.

vi. 260

vi. 261

That there shall be no benefit of survivorship
That the copartnership stock shall be employed
solely for the joint trade

Clause to bring in a further capital

That the profits shall belong to each in proportion
to his capital

That stock and premises shall be insured at the
expence of the trade
That expences and casual losses shall be borne by
the parties in proportion to their respective in-

terests

Clerks not to be taken or discharged but by mutual

consent

Apprentices not be taken without consent, and

premium to be added to the stock

Or that each party shall take apprentices by turns
That one partner only may take apprentices
That one party may receive the premium, and
board apprentices

But all the partners instruct him

That either party may take a son apprentice
That one partner shall board apprentices and ser-

ib.

vi. 262

vi. 203

ib.

vi. 264

vi. 265

ib.

ib.

vi. 260

ib.

ib.

vi. 207

That all contracts be made in the names of the

parties

-

vi. 266

Entries to be made in proper books of all co-

vants

Books of account to be kept at the counting house,
and remain open for inspection

One partner to keep the cash

Neither party to remove the copartnership books vi. 269
Half yearly audits to be made on the accounts,
and signed by the parties

Accounts when signed to be conclusive

Surplus profits to be annually divided, according
to the interests of the part'es

Each party to employ himself wholly in the busi-

ness

One party to attend to the business and occupy the

house

One partner to be excused personal attendance
One partner to reside in the house

ib.

vi. 270

vi. 271

ib.

ib.

ib.

vi. 272

COPARTNERS.—Continued.

One partner to hire servants

One partner to be allowed a chariot

Neither party to be concerned in any other trade
Parties will be faithful to each other

Parties will not apply the copartnership monies

to their own use

Except allowance for subsistence

Vol. Page.

vi. 272

vi. 273

ib.

ib.

vi. 274

ib.

ib.

vi. 275

ib.

And except usual expenditures on customers
Ready money received to be applied in payment
of current expenses

Neither party will suffer the estate to be charged
with his private debts

Neither party to buy or sell beyond a certain

amount

If either party makes purchases without the other's
consent, the same shall be on his own account
That neither party shall take journies without

consent

That neither will accept bills but in the regular
course of trade

That if either party so accept, he shall be exclu-
sively liable

Neither party to lend or give credit, contrary to

the assent of the other

Nor compound nor release debts

Nor become bail, engage in speculations, or do
any prejudicial act

vi. 276

ib.

vi. 277

ib.

vi. 278

vi. 279

ib.

i. 280, 281

Neither party will assign or mortgage his share vi. 281
If either party wishes to dispose of his interest,
the others to have the refusal

ib.

Either party to have liberty to introduce a son into
the business

vi. 282

If either party conduct himself contrary to the
provisions the co-partnership to be void
Liberty for either party to quit on notice
On death of copartner before first half yearly
account, his capital to be returned

vi. 283

vi. 287

ib.

Intermediate profit and loss to accrue to the sur-
vivor

If either party die after the first half yearly set-
tlement, the other to take the stock

If either party die his executors or nominees to be
at liberty to succeed to the copartnership
But such executors not to interfere in the trade
If executors of deceased partner refuse, the co-
partnership to cease.

vi. 290

vi. 291

ib.

If either party die during the term, his widow to
be paid an annuity

vi. 292

On taking the stock on death of either partner,
the amount to be paid by instalments, and se-

cured by bond
In default of bonds given, executors may enter vi. 294

vi. 293

Vol. Page.

COPARTNERS.-Continued.

On bonds being given the representatives of the
deceased party to assign

At the expiration of the term, one of the parties
to have the refusal of the stock, if at a valua-
tion

Or at the determination of the copartnership, parties
to cast lots for the stock

At the end of the copartnership, the premises to
belong to the original copartner

If both decline, the stock to be sold
On determination of the copartnership except by
death, a partition of stock to be made

On such determination, notice to be given to their

customers

If either party continue the trade, leases to be
taken by the best bidder, and stock at a valua-
tion

If neither party continue in trade, stock and pro-
perty to be sold by auction

Outstanding debts to be divided

Subsequent remittances to be received on joint

account

Credit given after end of the partnership, to be at
the risque of the person crediting

For further assurances

vi. 295

vi. 296

ib.

vi. 297

vi. 299

ib.

vi. 300

ib.

vi. 301

ib.

vi. 303

vi. 304

ib.

Disputes to be referred to arbitration

vì. 304, 307

COPYHOLD: Agreement for the purchase of

The expence of surrender of to be borne by a pur-
chaser

i. 30 n. 11.

Even though the vendor has agreed to surrender

and assure at his own expence

Suffering a recovery of

Conveyance of by surrender and deed of covenant
for the title

Equity of redemption in, may be conveyed by re-
lease alone

i. 349

Cannot be demised for more than one year, except
by licence from the lord

iii. 241

But a lease for one year, with a covenant for quiet
enjoyment for a further term is good

ib.

COVENANTS FOR THE TITLE.-Continued.

In conveyance by man and wife

Vol. Fage.

ii. 13

In a conveyance from a purchaser and trustee ii. 45, 61,
In a conveyance where an outstanding term is

assigned

ii. 77

By a termor against incumbrances

ii. 89

By a mortgagee against incumbrances ii. 103, 120, 145
For the title where the lands were subject to a

In conveyance from a vendor, mortgagee, and an-

nuitants

ii. 149

In a conveyance from the assignees of a bankrupt
and the bankrupt

ii. 167

In a conveyance from the assignees of a bankrupt,
the bankrupt and his trustee to a purchaser ii. 185
In a conveyance from the assignees, the bankrupt
and mortgagee in fee

ii. 202

ii. 219, 224

A conveyance by assignees, the bankrupt, mort-
gagee, the annuitant, and his trustee
The words grant, bargain, and sell, are in the con-

veyance of lands in Yorkshire, an express cove-
nant for the title

ii. 247

For the title in a conveyance of the fee from trus-
tees for sale

ii. 248

To apply trust-monies properly

ii. 256

For the title in a conveyance by trustees under a
power of sale, and cestui que trusts

By trustees for sale, and mortgagee in fee
By trustees for sale, mortgagee in fee, and an-
nuitant

ii. 289

ii. 307

In a conveyance in fee from husband and wife
From a vendor and his trustee in old forin to a

ii. 333

In a conveyance from a vendor and mortgagee in
fee to purchaser and trustee

ii. 383

From assignees, with the bankrupt and

his trus-

tee to a purchaser and trustee

ii. 401

From a vendor and his trustee to a purchaser and

From a vendor and mortgagee in fee to a pur-

From trustees for sale, to trustees empowered to
invest monies

ii. 472

For the title in a conveyance of freehold leases
for lives

ii. 480, 496

In an agreement of leaseholds for lives, or term of
years determinable on lives

ii. 507