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vi, 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


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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

yi. 287

Stock must be sold on the dissolution of CO-

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

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

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

That stock in trade shall belong to the partners

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

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-


Clerks not to be taken or discharged but by mutual

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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-

vi. 257


vi. 259

vi. 260


vi. 261


vi. 262

vi. 203


vi. 264

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That all contracts be made in the names of the


vi. 266

Entries to be made in proper books of all co-

partnership transactions

vi. 267

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

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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 parties

Each party to employ himself wholly in the busi-


One party to attend to the business and occupy the

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


vi. 270

vi. 271




vi. 272


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

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vi. 272

vi. 273



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vi. 275


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


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


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

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vi. 276


vi. 277


vi. 278

vi. 279


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

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

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
Intermediate profit and loss to accrue to the sur-

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

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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

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

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


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vi. 295

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-

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

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

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


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

vi. 296


vi. 297

vi. 299


vi. 300


vi. 301


vi. 303

vi. 304

For further assurances

Disputes to be referred to arbitration

Terms of such reference


vi. 304, 307


Shorter form of a deed of copartnership

Removal or continuance of articles of copartner-
ship for a further term by indorsement
Deed of dissolution of copartnership
Assignment of stock from retiring copartner

COPYHOLD: Agreement for the purchase of

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

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

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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

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

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In conveyance by man and wife

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ii. 13

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

By a termor against incumbrances


ii. 77

ii. 89

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

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In conveyance from a vendor, mortgagee, and an-

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-
gugee, 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

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

ii. 307

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

ii. 333

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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
mortgagee for a term

ii. 421

From a vendor and mortgagee in fee to a pur-

chaser and new mortgagee in fee, who advances
part of the money

ii. 443

From trustees for sale, to trustees empowered to


ii. 459

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

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