Arcana clericalia, or, The mysteries of clarkship being a sure way of setling estates by [brace] deeds, fines, and recoveries : with the forms of all manner of charter-parties in maritime cities, towns and corporations : with a table of all the principle matters therein contained / by George Billinghurst ...

CAP. IV. Containing several forms of Instruments used between Merchants and Tra∣ders; at, and after the dissolution of Copartnership.

An Indenture containing several Cove∣nants upon the separation of Copart∣nership.

(1.) THis Indenture made, &c. Between* 1.1 A. B. of the one part, and C. D. of the other part: Whereas the said Parties to these presents have been of late Co∣partners together in the Trade of, &c. which they used, and by reason of the same joynt trade and dealing, divers Debts have been incurr'd and made, and are yet still due and owing upon the sale of Goods and Wares: and also the said Par∣ties are, and stand ingaged and indebted at pre∣sent unto divers of their Creditors, in divers and sundry sums of Mony.

(2.) And whereas also, the said Parties,* 1.2 upon divers good considerations, them there∣unto moving, have concluded and agreed to separate themselves from the said Copartnership, and joynt trade and dealing together, and he the said A. B. is contented and pleased, for the consi∣deration herein after mentioned, to assign and set over unto the said C. D. all the Debts which are

yet un-answered and un-payed, due and owing unto them, and likewise the said C. D. hath un∣dertaken to discharge and pay all the Debts, sum and sums of Mony, which they the said Parties, or either of them, do owe at this present, upon and in respect of their said joynt trade to their said Creditors.

(3.) Now witnesseth these presents, That the* 1.3 said A. B. doth, for the consideration hereafter in these presents expressed, by these presents, as much as in him lieth, grant, assign and set over unto the said C. D. his Executors, Administra∣tors and Assigns, all and singular such Debts and sums of Mony as are owing to them joynt∣ly, or either of them severally, for or concerning their trade or Copartnership aforesaid, and also all his right, title, interest, property and benefit, of, in and to the same Debts, and every of them, and also all and singular Bills, Bonds, Speci∣alties. Leases and Books, for and concerning the said Debts, and the late Copartnership between them: All which Debts are mentioned and ex∣pressed in a certain Schedule, interchangably subscribed with the hands of the said A. B. and C. D. as by the said Schedule more at large ap∣peareth. To have, hold and enjoy all and every the said Debts, Books and Specialties unto the said C. D. his Executors, Administrators and As∣signs, to his and their own proper use and be∣nefit, without any manner of account or reckon∣ing, to be thereof yielded, made or given unto the said A. B. his Executors, Administrators or As∣signs, or any of them.

(4.) And the said A. B. doth by these presents* 1.4 give and grant to the said C. D. his Executors, Administrators and Assigns, full power and authority in the name of the said A. B. to ask, levy, recover and receive, by all such lawful ways and means, as shall be thought requisite by the said C. D. his Executors, Administrators or As∣signs, all and singular the said Deb••s and sums

of Mony, expressed in the said Schedule, for and to the onely use and behoof of the said C. D. his Executors, Administrators and Assigns, with∣out any account to be made, yielded, had or given for the same: And that he the said A. B. his Exe∣cutors, Administrators and Assigns, shall and will at all times hereafter, quietly permit and suffer the said C. D. his Executors, Administra∣tors and Assigns, in his, their, or any of their Name of Names, to sue for, recover, take, and enjoy to his and their own use, without any Ac∣count to be rendred, all the aforesaid Debts and sums of Mony, and every of them, and every part thereof in the said Schedule mentioned, by all such lawful ways and means as to him or them shall be thought meet, without any let, trou∣ble, interruption, acquittance, release or discharge, of, or by the said A. B. his Executors, Admini∣strators or Assigns, or by his or their means, as∣sent, default or procurement.

(5.) And further, that if the said A. B or his* 1.5 Assigns, or any person or persons, by force or virtue of any power or authority derived from him or them, have at any time formerly, or since the—day of, &c. received, released or discharg∣ed any of the said Debts or sums of Mony ex∣pressed in the said Schedule, or otherwise alie∣nated them, other than such Releases and Dis∣charges as have been by the consent of the said C. D. that then upon notice given by the said C. D. his Executors, Administrators or Assigns, to the said A. B. his Executors or Administrators, he the said A. B. his Executors or Administrators shall within thirty days, next after such notice and lawful warning given to the said A. B. his Executors or Administrators, satisfie and re∣compence the said C. D. his Executors, Admini∣strators or Assigns, of, and for the same, without fraud or covin.

(6.) And, that he the said A. B. his Executors* 1.6 or Administrators shall not at any time or times hereafter, willingly do or suffer any act or thing whereby to let or hinder the said C. D. his Exe∣cutors, Administrators or Assigns, of, or in the recovery, getting in or obtaining the said Debts, or any of them, without the consent of the said C. D. his Executors, Administrators or Assigns, first had and obtained in writing.

(7.) And moreover, That the said A. B. his* 1.7 Executors and Administrators, shall and will, upon reasonable request to him or them made by the said C. D. his Executors, Administrators or Assigns, make, seal and deliver to him, or them, such other sufficient Letter and Letters of Attorny, for the Recovery and getting in of the said Debt and Debts, and sum and sums of Mo∣ny, as by the said C. D. his Executors, Admi∣nistrators or Assigns, or his or their Counsel Learned in the Law, shall be reasonably advised, devised or required: which said Letter and Let∣ters of Attorny, and advise touching the same, is to be at the proper charges of the said C. D. his Executors, Administrators or Assigns.

(8.) In consideration whereof, the said C. D.* 1.8 for him, his Executors and Administrators, doth Covenant, promise and grant to and with the said A. B. his Executors and Administrators, in manner and form following: that is to say, That he the said C. D. his Executors and Admi∣nistrators, shall and will at or before the—day of, &c. procure and obtain unto and for the said A. B. his Executors and Administrators suffici∣ent general Releases, and other discharges in the Law, all those their Creditors whose Names are written in the said Schedule here-unto an∣nexed.

(9.) And also, that he the said C. D. his Exe∣cutors* 1.9 and Administrators, shall and will at all times for ever hereafter, save, and keep harmless and indempnified the said A. B. his Executors and Administrators, against all and every per∣son and persons whatsoever, which they the said Parties to these presents, or either of them, are indebted unto, touching or concerning their said Copartnership: and of and from all such Acti∣ons, Suits, Costs, Dammages, Charges, Trou∣bles, Iudgments, Executions and Demands whatsoever, as shall from time to time hereafter arise, or be had or procured against the said A. B. his Heirs, Executors or Administrators, or any of his or their Lands, Tenements, Heredita∣ments, Goods or Chattels, or any of them, or any part thereof, by any manner of person or persons whatsoever, touching their said Copart∣nership, for or concerning any Debt or Debts, by them, or any of them owing, or for or upon any Bill, Bond, Specialty, Promise, Contract or Reckoning touching the same, or any of them: and also of and from all such Costs and charges, losses and damages, as shall be awarded or judged against the said A. B. his Heirs, Execu∣tors or Administrators, for or upon any Suit or Non-suit, which hereafter shall happen to come or arise, for or concerning the said Debts, or any of them, or any part thereof.

In witness, &c.

Another form, where one assigns his part to the other.

(10.) THis Indenture made, &c. Between A.* 1.10 B. on the one part, and C. D. on the other part, Whereas the said A. B. and C. D. by their Indenture of Copartnership, bearing date, &c. for the consideration in the said Inden∣ture specified, did condescend, conclude and agree, to become and continue joynt dealers and Co∣partners together in the Art and Mystery of, &c. in buying, selling and uttering of, &c. and all o∣ther Wares, Commodities and Merchandizes, belonging or commonly used to and with the said Trade, for the term of, &c. from the Feast Day of, &c. if the said A. B. and C. D. should so long live, and unless they the said A. B. and C. D. should otherwise agree together, as by the said Indenture of Copartnership, relation being thereunto had, more fully and at large it doth and may appear.

(11.) And, whereas the said A. B. and C. D.* 1.11 by their mutual consent, free will and agree∣ment, and for very good causes and considerati∣ons, them thereunto moving, have thought fit to d••ssolve and break off the said Copartnership, and from henceforth to become no Copartners to∣gether.

(12.) Now this Indenture witnesseth, That* 1.12 it is Covenanted, concluded and fully agreed, by and between the said Parties, for and concern∣ing the Premisses in manner and form following: And the said A. B. for and in consideration of a certain sum of Mony, to him in hand payed at the ensealing and delivery of these presents by the said C. D. the Receipt whereof he the said A. B. doth hereby acknowledge, Hath granted, assigned,

set-over, remised and released, and by these presents doth grant, assign, set-over, remise and release unto the said C. D. his Executors and Admini∣strators, all and every such part, portion and share, as he the said A. B. hath, may, might or ought to have, of, in and to all and singular the Goods, Chattels, Houshold-stuff, Wares, Mer∣chandizes, Debts, Books, Obligations, Special∣ties, Bills obligatory, sum and sums of Mony, and other things whatsoever incident or belonging to the said late Copartnership or joynt dealing, in any manner of wise. And also all his Estate, In∣terest, Right and Demand therein, or in or to any part thereof together, with all such benefit and commodity, as he the said A. B. might, or ought to have had taken or received, upon, for or by reason of the said Bills, Bonds, Books, Obligations or Specialties, belonging or relating to the said Copartnership.

(13.) And the said A. B. doth by these presents,* 1.13 for himself, his Executors and Administrators, Covenant and agree to and with the said C. D. his Executors, Administrators and Assigns, That it shall and may be lawful to and for the said C. D. his Executors, Administrators and Assigns, to have, keep, receive and enjoy, to his and their own use, as well all and every the Goods, Chattels, Houshold-stuff, Wares and Merchan∣dizes, belonging to the said late Copartnership, as also all and every such Debts, Duties, sum and sums of Mony, as shall be had, received, obtain∣ed or gotten by virtue of the said Books, Bills, Bonds, Obligations or Specialties, or any of them, or any Suit, Iudgment, Process or Exe∣cution thereupon to be commenced, pursued, had or taken, without the let, trouble or contradiction of the said A. B. his Executors, Administrators or Assigns, and without any account thereof, or of any part thereof, to be rendred or yeilded to the said A. B. his Executors, Administrators and As∣signs, or any of them.

(14.) And further, that he the said A. B. hath* 1.14 not received heretofore, any sum or sums of Mo∣ny belonging to the said late Copartnership, o∣ther than such as are already allowed upon ac∣count, nor hath released or discharged, nor that he, his Executors or Administrators, shall or will hereafter receive, release, discharge or make fru∣strate, all, or any of the said Debts, Duties, sum or sums of Mony, Bonds, Specialties or De∣mands, due or to be due by virtue of the said Bills, Books, Specialties, Obligations or A∣greements, or any of them (other than such as are allowed upon account as aforesaid) without the consent or agreement of the said C. D. his Execu∣tors, Administrators or Assigns, first had and obtained in writing under his or their hands.

(15.) Nor shall voluntarily or willingly* 1.15 discontinue, disavow, suffer to be non-suited, or make any retraxit, or otherwise discharge, hinder or delay any Action, Suit or Plaint whatsoever, which he the said C D now hath, or shall at any time commence, presecute or pursue in the Name of the said A. B. or in the Names of the said A. B. and C. D. for the recovery or obtaining of the Debts, Duties, sum or sinns of Mony, or De∣mands, or any of them, belonging to the said joynt trade or dealing.

(16). But that he the said A. B. his Executors,* 1.16 Administrators and Assigns, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the Costs of the said C. D. his Executors, Administrators and Assigns, justifie, maintain, avow and allow all and every such Actions, Suits, Plaints and Arrests, as he the said C. D his Executors, Administrators or Assigns, shall conunence, sue or prosecute, or cause to be commenced, sued or prosecuted for the recovery, levying, obtaining, or getting in of all or any the Debts, and sum and sums of Mony belonging to the said late Copartnership: ratifying and confirming all and every lawful acts, matters

and things whatsoever, which he the said C. D. his Executors, Administrators or Assigns shall com∣mence or prosecute, for the recovery, getting in and obtaining of the said Debts, Duties, sum and sums of Mony, or any of them.

(17.) And the said C. D. for himself, his Ex∣ecutors* 1.17 and Administrators, doth Covenant and grant to and with the said A. B. his Executors and Administrators by these presents, That he the said C. D. his Executors and Administrators, shall and will from time to time, and at all times hereafter, well and sufficiently acquit and dis∣charge, and save harmless and indempnified the said A. B. his, &c. of and from all and all manner of Troubles, Damages, Arrests, Costs, Charg∣es and Incumbrances whatsoever, which shall or may arise or happen to be had, recovered or ob∣tained against the said A. B. for, by reason or means of any Action, Suit, Process or Plaint, which the said C. D. his Executors, Administra∣tors or Assigns now hath, or shall or may here∣after commence or prosecute, or cause to be com∣menced or prosecuted, against any person or per∣sons, for the recovery, getting in or obtaining a∣ny of the said Debts, Duties or Demands afore∣said, or for any Debts, Duties, sum or sums of Mony, or any thing whatsoever touching the said Copartner-ship, now owing, or which shall here∣after be due or payable by the said C. D. and A. B. or either of them, to any person or persons whatso∣ever, for or by reason of any Wares taken-up up∣on Credit by him the said C. D. and not charged upon the said partible account, wherewith or whereby the said A. B. shall or may be charged or chargable.

In witness whereof, &c.

Another, being a Partition of Debts between a Copartner, and the Exe∣cutors of the other.

(18.) THis Indenture made, &c. Between A. B.* 1.18 of the one part, and C. D. of, &c. Son and Heir of E. D. late Citizen of London deceased, and Executor of the last Will and Testament of the said E. D. on the other part: Whereas the said A. B. and E. D. in the life time of the said E. D. did deal and trade together, as joynt Partners and occupyers in the Trade of, &c. and other Merchandizes, and in buying, selling and Mer∣chandizing, and by reason thereof divers and sundry sum and sums of Mony, by divers and several persons, became due and payable to them joyntly, as Debts joyntly owing unto them the said A. B. and C. D. And whereas the said A. B. and E. D. in the life time of the said E. D. by a∣greement between them, did sever, part, and di∣vide between them divers Debts, due and owing* 1.19 unto them in such manner and form, as in and by a certain pair of Indentures, bearing Date, &c. [and certain Schedules thereunto annexed] made between the said A. B. of the one part, and E. D. of the other part, more plainly it doth and may appear: since which time divers of the said Debts have been received and compounded for, as well by the said A. B. and E. D. in the life time of the said E D. as also by the said C. D. and A. B. since the decease of the said E. D.

(19.) And whereas divers and sundry sums of* 1.20 Mony remained then, and are yet, unpaid and compounded for: And for the better recovery thereof, and for the continuance of Peace and amity between them, They the said A. B. and C. D. have equally divided those Debts yet remain∣ing

unpaid or compounded for: as in and by two* 1.21 several Schedules thereof made (the one called the first Schedule, wherein the Debts, Duties, sum and sums of Mony and Demands, yet due and unsatisfied now allowed and appointed unto the said C. D. are contained and mentioned) and the other called the second Schedule, wherein the Debts, Duties, sum and sums of Mony, and Demands yet due and unsatisfied, and now ap∣pointed unto the said A. B. are likewise contained and mentioned, as by the said Schedules here∣unto annexed, it doth and may appear.

(20.) Now this Indenture witnesseth, That it is Covenanted, granted, concluded and fully agreed by and between the said Parties for and concerning the Premisses, in manner and form* 1.22 following: And first, the said A. B. for him, his Executors and Administrators, doth by these pre∣sents grant, assign, and set-over, remise and re∣lease unto him the said C. D. his Executors and Administrators, all and every the Debts, Obli∣gations, Bills obligatory, and several sum and sums of Mony in the said Schedule annexed to this present Indenture, called the first Schedule, mentioned and expressed, and all his part, portion, interest, right and demand therein, or thereto, with all such benefit and commodity, as the said A. B. can or may lawfully take or receive, upon, or by reason of the said Obligations, Bills▪ Debts or Demands, contained or mentioned in the said first Schedule, allotted as aforesaid unto the said C. D.

(21.) And further the said A. B. doth by these* 1.23 presents, constitute and appoint, in his place and stead put the said C. D. during his life, and after his death, the Executors or Administrators of the said C. D. to be lawful Attorney or Attorneys irrevocable, for and in the name of the said A. B. during his life, and after his decease, for and in the name of his Executors and Administrators, to ask, take, sue for, recover and receive, all and

every the said Debts in the said first Schedule mentioned, of the particular Parties therein mentioned, or any of them, their or any of their Executors or Administrators.

(22.) And the said A. B. for him, his Execu∣tors* 1.24 and Administrators, doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents, That it shall and may be lawful to and for the said C. D. during his life, and to and for the Executors or Administrators of the said C. D. after his death, at the only Costs and Charges of the said C. D. his Executors and Administrators, in the Name of the said A. B. during the life of the said A. B. and after his death in the Name or Names of the Executors or Administrators of the said A. B. to commence and prosecute▪ any Action or Actions, Suits or Plaints, for the recovery and getting in of all or any the Debts, Duties or Demands in the said annexed Schedule, called the first Schedule, mentioned or contained against all or any the Debtors therein named, their or any of their Executors or Administrators, and the same at the Cost and charges of the said C. D. his Executors or Administrators, to prosecute and pursue, until Iudgment and Execution there∣upon shall be had and taken. And all such sum and sums of Mony, that shall upon, or by reason of any Suit or Suits, Plaint or Plaints, hap∣pen to be recovered, had, levyed and received, it shall and may be lawful to and for the said C. D. his Executors and Administrators, to have and take to his and their own use and uses, without any account to be thereof yielded or rendred to the said A. B. his Executors and Administrators, or any of them: ratifying, and by these presents confirming all and every action and actions, act and acts, thing and things, which the said C. D. his Executors or Administrators shall lawfully make, do, commit or execute, or cause to be made, done, committed or executed in and about the pre∣misses,

for and touching the said Debts in the said first Schedule mentioned.

(23.) And the said A. B. for himself, his Exe∣cutors* 1.25 and Administrators, doth by these pre∣sents Covenant and grant to and with the said C. D. his Executors and Administrators, That he the said A. B. hath not heretofore released or discharged, nor that he, his Executors or Admi∣nistrators, shall or will hereafter, release or dis∣charge, all or any the Debts, Duties, sum or sums of Mony, or Demands in the said Schedule, called the first Schedule mentioned, without the consent or agreement of the said C. D. his Exe∣cutors, Administrators or Assigns, first had and* 1.26 obtained in writing, under his or their hands in that behalf. Nor voluntarily or willingly dis∣continue, disavow, or be Non-suited in, or make any retraxit or other discharge to hinder or delay any Action, Suit or Plaint which the said C. D. his Executors, Administrators or Assigns, shall at any time commence, sue or prosecute for the Re∣covery, getting in or obtaining the said Debts and sums of Mony in the said Schedule, called the first Schedule mentioned and contained, or any of them.

(24.) But, that he the said A. B. his Execu∣tors* 1.27 and Administrators, shall and will from time to time, and at all times hereafter, justifie, main∣tain, avow and allow, all and every such Actions, Suits, Plaints and Process, which he the said C. D. his, &c. shall at any time hereafter, com∣mence, sue forth or prosecute (at the cost and charges of the said C. D. his Executors, Admi∣nistrators or Assigns) against any person or per∣sons, for the recovery, or getting in of all or any of the said Debts, and sums of Mony in the said Schedule, called the first Schedule, annexed to these presents contained and expressed.

(25.) And the said C. D. for him, his Execu∣tors* 1.28 and Administrators, doth by these presents Covenant and grant to and with the said A. B. his Executors and Administrators: That he the said C. D. shall and will from time to time, and at all times hereafter, sufficiently acquit, dis∣charge and save harmless the said A. B. his Exe∣cutors and Administrators, and every of them, of, and from all and all manner of damages, troubles, suits, arrests, costs and charges what∣soever, which shall be taxed upon, or happen to be had, brought, recovered or obtained against the said A. B. his Executors or Administrators, Goods, Chattels or Lands, for or by reason of any Action, Suit, Plaint, Process, Iudgment, Arrest or Execution, which the said C. D. his Executors, Administrators or Assigns shall here∣after bring, commence, pursue or prosecute, or cause to be brought, commenced, pursued or pro∣secuted against any person or persons in the said Schedule, called the first Schedule, mentioned or contained.

(26.) And the said C. D. for the consideration* 1.29 aforesaid, doth grant, assign and set-over, remise and release unto the said A. B. his Executors and Administrators, all and every the Debts, Obli∣gations and Bills obligatory, and several sums of Mony, Duties and Demands, in the said Schedule, called the second Schedule (annexed to this present Indenture, and allotted to the said A. B. as aforesaid contained and expressed) and all Writings and Specialties whatsoever, touching, or in any wise concerning the same, or any of them, and all his part, portion, interest and demand, of, in and to the same, or any part or parcel thereof, together with all such benefit and advantage, as the said C. D. his Executors or Administrators, can or may lawfully have, take or receive, upon or by reason of any of the said Debts, Duties or Demands, contained or expressed in the said Schedule, called the second

Schedule, annexed to these presents: And that all and every the said several sums of Mony in the said Schedule, called the second Schedule, mentioned and contained, shall be, and remain fully and wholly, and to the sole and proper use of the said A. B. his Executors, Administrators and Assigns, without the let, trouble or contra∣diction of the said C. D. his Executors, Admini∣strators or Assigns, and without any account to be rendred or yeilded unto the said C. D. his Exe∣cutors, Administrators or Assigns, for or in respect of the same.

(27.) And the said C. D. doth Covenant, promise* 1.30 and grant, for himself, his Executors and Admini∣strators, to and with the said A. B. his Executors and Administrators by these presents: That neither the said E. D. in his life time, nor the said C. D. since his decease, have not heretofore received, re∣leased or discharged: nor that the said C. D. shall or will at any times hereafter, receive, release or discharge the said Debts, Duties, sum or sums of Mony, and Demands, or any of them in the said Schedule, called the second Schedule mentioned, and allotted unto the said A. B. for his part, as aforesaid, of the premisses, without the consent of the said A. B. his Executors, Administrators or Assigns, first thereunto had and obtained, in writing under his or their hands: nor shall or* 1.31 will voluntarily or willingly discharge, hinder or delay any Action, Suit or Plaint whatsoever, which the said A. B. his Executors, Administra∣tors or Assigns, shall at any time hereafter com∣mence, sue or prosecute for the Recovery, getting in, or obtaining of all or any the said Debts, or sum or sums of Mony, or Demands in the said Schedule, called the second Schedule, mentioned or contained.

(28.) And whereas the said Debt Books,* 1.32 and other Books, Bills, Bonds, Obligations and Specialties, wherein the Debts, Duties and Demands before-mentioned, and wherein or whereby any Wares or Merchandizes were sold or delivered to the persons in the said last men∣tioned Schedule named or contained, are now in the hands or possession of the said C. D: He the said C. D. doth Covenant for him, his Execu∣tors, and Administrators, with the said A. B. his Executors, Administrators and Assigns, that he the said C. D. his Executors or Administrators, shall and will within two Months after the da••e of these presents, deliver or cause to be delivered unto the said A. B. his Executors, Administrators or Assigns, safe, whole and uncancelled, and un∣de••aced, all and every the Bonds obligatory, Bills and Specialties herein before-mentioned, to be assigned unto the said A. B. and whereby any of the Debts in the said second Schedule mentioned, are or shall become due and payable: and shall and will also upon reasonable request unto him the said C. D. his Executors or Administra∣tors to be made by the said A. B. his Executors, Administrators or Assigns, produce and shew forth unto the said A. B. his Executors, Admi∣nistrators or Assigns, or to, or before such person or persons as he or they shall appoint or direct: The said Books, called the Debt Books, and all other Books and Writings which re∣mains in the hands, custody or possession of the said C. D. wherein the said Debts, Duties and Demands, or any of them (contained in the said Schedule, called the second Schedule) are con∣tained, or whereby or wherein any Wares or Merchandizes, touching or concerning the same, which were sold or delivered to any person or per∣sons in the said second Schedule contained, an mentioned or doth appear, whereby the said A. B. his Executors, Administrators or Assigns, may have and take the view, benefit and use thereof,

to be shewed or produced forth in any Court or Courts of Record, or elsewhere, for the declaring, proving or manifesting of any the Debts in the said Schedule, called the s••cond Schedule, con∣tained, or for any other reasonable occasion what∣soever.

In witness, &c.

Another, being also a Partition of Debts and Goods: after the dissolution of the Copartnership.

(29.) THis Indenture made, &c. Between A. B.* 1.33 of the one part, and C. D. of the other part: Whereas the said Parties for and by the space of certain years now last past, have had, held and occupyed a partible Stock, and have continued Copartners in the Trade of buying, selling and retayling Linnen Cloth, and other Merchandizes: and now have resolved and a∣greed together from henceforth, absolutely to all intents, to dissolve, determine and break off the said Copartnership, of, and in the Premisses. And have further concluded and agreed to divide* 1.34 the said partible Stock, and all Debts and Credits thereof, and thereby arising and being: and each of them to hold and retain his several part and proportion, to and by himself, in seve∣ralty, to his own use and profit, and not in com∣mon or joyntly,

(30.) It is therefore Covenanted and agreed,* 1.35 by and between the said Parties to these pre∣sents, and either of them for himself, his Exe∣cutors and Administrators, doth Covenant and grant to and with the other of them, his Execu∣tors and Administrators by these presents, in manner and form following: that is to say, That the said Copartnership, and all other Partner∣ships and joynt tradings, now, or at any time before the Date of these presents, had, used or exercised by and between the said Parties to these presents do, and shall from henceforth, immedi∣ately cease, determine and clearly end and have no further continuance, or being to any effect or purpose whatsoever: any Covenant, Covenants, or other matter, agreement, promise or thing to the contrary thereof, had, made, concluded or promised by and between the said Parties to these presents in any wise notwithstanding: And that all such former Covenants, promises and agreements as have been passed or made, by or between the said Parties, touching any further continuance or prolonging of any such Copartnership, or Part∣nerships, to be had or holden between the said Parties, shall, by virtue of these presents, be deemed and adjudged to be void and of none ef∣fect.

(31.) And the said A. B. for himself, his Exe∣cutors* 1.36 and Administrators, doth Covenant and grant to and with the said C. D. his Executors and Administrators by these presents, That he the said C. D. his Executors and Administrators, for his and their part of the said partible Stock, and other the Premisses, shall have, take and enjoy from henceforth, to the sole proper use and behoof of the said C. D. his Executors, Admi∣nistrators and Assigns, all the Linnen Cloth, Wares, Merchandizes, a••d ready Mony what∣soever, now remaining in stock of the said Co∣partnership, or being any part or parcel thereof, or ••elating thereunto: which by estimation is

now rated and valued to the sum of One thou∣sand pounds of lawful Moneys of England, the same, and every part thereof to be, remain and continue from henceforth to the said C. D. his Executors, Administrators and Assigns, dis∣charged and acquitted, or else upon reasonable request, saved and kept harmless by the said A. B. his Executors or Administrators, of and from all manner of Interests, Iudgments, Charges, Forfeitures, Titles and Incumbrances, had, made or suffered by the said A. B. or by any other in his Right or Title, or lawfully claiming by, from or under him, them or any of them.

(32.) And the said A. B. doth by these pre∣sents,* 1.37 grant, assign, release and put-over to the said C. D. his Executors, Administrators and Assigns, all the Right, Interest, Claim and De∣mand of him the said A. B. of, in and to all the said Linnen Cloth, Wares, Merchandizes and ready Mony, and of, in and to every part and parcel thereof.

(33.) And moreover, it is Covenanted, gran∣ted* 1.38 and agreed, by and between the said Parties to these presents: And the said C. D. for himself, his Executors and Administrators, doth Cove∣nant and grant to and with the said A. B. his Executors and Administrators by these presents, That the said A. B. for his part and share of the said partible Stock, and other the premisses, shall have, take and enjoy to his own proper use and behoof for ever, without any let, disturbance or interruption of the said C. D. his Executors or Administrators, or any other lawfully claiming, from, by or under him: All and every such Debts, and sum and sums of Mony, which are now due and owing, or to be paid to the said Copartners joyntly, or by reason or means of the said Copart∣nership, and which are particularly mentioned and expressed in a Schedule indented, annexed to these presents, together with all Bills, Bonds, Spe∣cialties and Books concerning the said Debts, or any of them.

(34.) And the said C. D. doth by these presents* 1.39 clearly and absolutely, as much as in him lieth, release, assign and set-over unto the said A. B. his Executors, Administrators and Assigns, all and every the said Debts, and sum and sums of Mo∣ny, owing as aforesaid: and all Bonds, Bills, Specialties and Books whatsoever, touching or concerning the same, and all his Right, Title, Interest, Claim and Demand whatsoever, of, in and to the same Debts, and every part and parcel thereof: and of, in, to all and every the said Bonds, Bills, Specialties and Books which touch or concern the said Debts, and sum and sums of Mony, or any of them, or any part or parcel thereof.

(35.) And the said C. D. for himself, his Ex∣ecutors* 1.40 and Administrators, doth Covenant and grant to and with the said A. B. his Executors, Administrators and Assigns, by these presents, in manner and form following: that is to say, That he the said C. D. his Executors and Admi∣nistrators, shall and will from time to time, and at all times hereafter permit and suffer, That be the said A. B. his Executors, Administrators and Assigns, to his and their own use, shall and may demand, require, collect, receive, gather and levy by all lawful ways and means, all and eve∣ry the Debts, and sum and sums of Mony in the said Schedule mentioned or expressed, and every part and parcel thereof, without any let, denial, gain-saying or interruption of the said C. D. his Executors or Administrators, or any of them: and the same shall or may retain and hold to his and their own proper use, without any account thereof, or of any part thereof, to be made o•• ••endred to the said A. B. his Executors or Ad∣ministrators, or any of them.

(36.) And that he the said A. B. his Exe∣cutors,* 1.41 Administrators or Assigns, shall and may commence, sue or prosecute any Action, Suit or Plaint, for the Recovery, getting in or obtaining of the said Debts, in the said Schedule men∣tioned, or any of them, at the Costs and charges of the said A. B. his Executors, Administrators or Assigns, in the Name or Names of the said C. D. or of the said A. B. and C. D. or either of them, their, or either of their Executors, or Administrators, without any discharge, revoca∣tion or stay of the said Action or Actions, Suits or Plaints, or any of them, to be caused or suf∣fered by the said C. D. his Executors or Admini∣strators: so as the said A. B. his Executors or Administrators shall from time to time, upon rea∣sonable request, to him or them to be made in that behalf by the said C. D. his Executors or Admi∣nistrators, save, defend and keep harmless the said C. D. his Executors and Administrators, and every of them, of, and from all Losses, Costs and Dammages which he the said C. D. his Exe∣cutors or Administrators shall or may sustain or be at, by occasion or means of any such Action, Suit or Plaint to be prosecuted as afore∣said.

(37.) And that he the said C. D. hath not here∣tofore,* 1.42 nor that he his Executors or Admini∣strators shall hereafter receive, acquit, release or discharge the said Debts in the said Schedule mentioned, or any of them, unless it be by the special consent and agreement of the said A. B. his Executors, Administrators or Assigns, first in that behalf had or obtained in writing: but in case the said C. D. his Executors or Administra∣tors shall he••eafter release, acquit or discharge a∣ny of the said Debts in the said Schedule ex∣pressed, without such consent and agreement of the said A. B. his Executors or Administrators, as aforesaid, That then he the said C. D. his Exe∣cutors or Administrators, within six weeks after

every such Release and discharge of any of the said Debts, in the said Schedule expressed, shall and will truly pay and satisfie, or cause to be paid and satisfied to the said A. B. his Executors and Administrators, the full proportion of all and every such Debt and Debts, in the said Schedule expressed, which he the said C. D. his Executors or Administrators shall so release or discharge without fraud or covin.

(38.) And the said A. B. for himself, his Ex∣ecutors* 1.43 and Administrators, doth covenant and grant to and with the said C. D. his Executors and Administrators by these presents, That he the said A. B. his Executors or Administrators, shall and will well and truly satisfie and pay, to a•••• among the Creditors of the said A. B. and C. D. in respect of their said Copartnership, the sum of 500 l. of lawful moneys of England, to∣wards the payment and satisfaction of such Debts and sums of money, as to the said Cre∣ditors are due and owing, out, of, or in respect of the said partible stock, copartnership or joynt oc∣cupying, in manner following, viz. &c.

(39.) And the said C. D. for himself, his Ex∣ecutors* 1.44 and Administrators, doth covenant and grant to and with the said A. B. his Executors and Administrators by these presents, That he the said C. D. his Executors or Administrators, shall and will well and truly satisfie and pay, to and among the said Creditore, towards the pay∣ment and satisfaction of such Debts and sums of money, as to the said Creditors are due and ow∣ing, out, of, or in respect of the said partible stock, and joynt dealing, the sum of 400 l. of lawful moneys of England, in manner and form follow∣ing, v••••. &c.

(40.) And it is agreed by and between the* 1.45 said parties to these presents: And each of the said parties severally for himself, his Executors and Administrators, doth covenant and grant, to and with the other of them, his Executors and Administrators by these presents, That if any privy Debt, charge or cause of action, be grow∣ing or depending, by reason or occasion of the said Copartnership, unto which the said Copartners are become subject and liable unto, other then and except such known Debts, charges and causes of action, as are mentioned or specified to be owing, due or arising in and by their common Book of Accompts kept between them, That then and in all such cases, such of the said parties to these presents, in whose default, or by whose act and procurement such Debt, charge or cause of action, did grow or arise, shall within convenient time fully satisfie and pay the same, and thereof dis∣charge, acquit, and save harmless, the other of the said parties, his Executors and Administra∣tors.

(41.) And moreover it is agreed by and be∣tween* 1.46 the said parties for them, their several Executors and Administrators, That if any va∣riance or cause of Suit at any time or times, hereafter do or shall happen to grow or arise be∣tween the said parties, or the Executors or Ad∣ministrators of them or either of them, by, for, upon, or concerning any Covenant, clause, matter or thing, in these presents expressed or contained, or for or in respect of the said Copart∣nership, or joynt trading; That then and so of∣ten the party in that behalf grieved, shall make declaration thereof unto, &c. unto whose order, determination and judgment, for, touching and concerning the same, or any part thereof, for time to time, the said parties, and either of them, for their several parts, and for their several Execu∣tors and Administrators, do wholly submit

themselves by these presents, so as their order and judgment concerning the same, be made or given up in writing, under their hands and seals, within three Months, next after such declaration to them made, as aforesaid: and during the said three Months neither of the said Parties shall directly or indirectly, bring, pursue or prosecute any Action, Suit or Plaint against the other of them, his Executors or Administrators, touching the same. And they the said Parties do bind themselves, their several Executors and Admi∣nistrators, to stand to, abide and perform all and every such order, judgment and determination, as the said, &c. shall within such time, as afore∣said, make and give-up, as aforesaid, for and touching the Premisses referred to them.

In witness whereof, &c.

The form of a Condition of a Bond, upon separation of Copartnership.

(42.) THe Condition of this Obligation is* 1.47 such, That whereas the within bounden A. B. and the within named C. D. have for divers years, now last past, occupyed together as Copart∣ners in all things, as wel touching and belonging to the Trade of Woollen-draper, as in such Wares and Commodities, as during the said Copart∣nership, they have otherwise traded and dealt in. In which time of their Copartnership, and by reason thereof, there are divers and sundry Debts and sums of Mony owing unto them, and likewise divers several Debts are owing by them to several Persons, by reason of the said Co∣partnership, which are by them the said Parties

to be equally born and payed, The several parti∣culars of which said Debts, as well to them due and owing, as by the•• due and owing are men∣tioned and comprised in two several Schedules, subscribed with the hands of the said A. B. and C. D. whereof the one remaineth in the custody or hands of the said A. B. and the other remain∣eth in the custody or hands of the said C. D.

(43.) And forasmuch as the said A. B. and C.* 1.48 D. have between themselves agreed, not to con∣tinue or proceed any farther in Copartnership to∣gether, but are willing and minded to take out their several Stocks, and to separate and di∣vide asunder from their former joynt trading, and for that it is the full meaning of each of the said Parties, that for the Debts to them due and owing, as Copartners, and in respect of their said joynt dealing (after the Debts owing by them, which were contracted during the said joynt Trade, and by reason of the said Copartnership are satisfied and payed) should be equally divided between the said A. B. and C. D. part and part like.

(44.) If therefore the said A. B. his Execu∣tors,* 1.49 Administrators or Assigns, shall and do from time to time, within one Month next after he or they shall have at any time or times here∣after, received any part or parcel of the Debts, Duties, or sums of Mony mentioned in the said Schedule or Writing, to be to them joyntly due and owing in respect of the said Copartnership, do give iust and true knowledge unto the said C. D. his Executors, Administrators or Assigns, of every such particular Receipt▪ so from time to time to be had and received.

(45.) And do also then make just payment un∣to* 1.50 the said C. D. his Executors, Administrators or Assigns, of the one moiety, or full half part of every such sum and sums of Mony, so by the said A. B. his Executors or Assigns, to be received or had upon their joynt account. And further, that if

the said A. B. his Executors, Administrators or* 1.51 Assigns, within convenient time after such par∣ticular Receipt, as aforesaid, do from time to time pay, or cause to be paid, unto and amongst the joynt Creditors of the said A. B. and C. D. for and towards the payment of their joynt Debts, growing by their said Copartnership, the other moiety or half part of such sum and sums of Mo∣ny, as shall from time to time be received, as aforesaid, until such time as their said Debts shall be fully satisfied.

(46.) And further also, if neither the said A. B.* 1.52 his Executors, Administrators or Assigns, nor any of them, at any time or times hereafter, shall or do make any composition for the said Debts, Duties, sum or sums of Mony, or any of them, with any of the Debtors owing the same, or any of them, without the special licence, consent or a∣greement of the said C. D. his Executors, Admi∣nistrators or Assigns, first thereunto had and ob∣tained in that behalf.

(47.) And further, if the said A. B. his* 1.53 Executors or Administrators, do and shall from time to time, use his and their best endeavour for the ayding and assisting of the said C. D. his Ex∣ecutors, Administrators and Assigns, for the bet∣ter and speedier obtaining and recovery of his and their parts of every of the said several Debts, Duties, sum and sums of Mony to them, in re∣gard of their Copartnership aforesaid, due or ow∣ing, and that without fraud or covin: Then this Obligation to be void, and of none effect, or else, &c.

The like to be made by the other Party: but I think it best in both, to alter the five and fortyeth Section; and to make the one moiety of what shall be received to be payed in discharge of Debts: and the half of the residue, to be payed to C. D. &c. mutatis mutandis.

Another form of a Condition, upon sepa∣ration of Copartnership: for one to discharge the other of Debts due upon a private account.

(48.) THe Condition of this Obligation is* 1.54 such, That whereas the within named C. D. and the within bounden A. B. have for divers years last past, occupyed together as Co∣partners in all things, as well touching and be∣longing to the Trade of a Wollen-draper, as in such other Wares and Commodities, as during the said Copartnership they have otherwise tra∣ded and dealt in. In which time of their Co∣partnership together, each of the said Parties are become indebted to divers and sundry persons of their own meer particular and private account, not properly belonging to the partible account of Copartnership: or wherewith either of the said Parties, in respect of their mutual and joynt oc∣cupying together, are charged.

(49.) And, forasmuch as they the said Par∣ties* 1.55 to these presents, are now by mutual agree∣ment separating from further dealing in Copart∣nership together, and it is the full intent and meaning of both the said Parties, that all Debts, Duties, and sum and sums of Mony, as the said A. B. in the time of the said Copart∣nership together with the said C. D. was, or is any way indebted, as touching his private, pro∣per and single account, shall not in any wise touch or charge the said C. D. his Executors or Administrators, with the payment of the same, or of any part thereof.

(50.) If therefore the said A. B. his Executors* 1.56 or Administrators, do and shall at all and every time and times hereafter, clearly and absolutely acquit, discharge and save harmless the said C. D. his Executors and Administrators, and his and their Goods and Chattels, against all and every person or persons whatsoever, not onely of and from, all and every such Debt and Debts, and sum and sums of Mony, due heretofore, made and contracted by the said A. B. in the time of the said Copartnership, which belonged not unto, or any way concerned the joynt or partible account between them, as Copartners, but onely, solely and singly unto the said A. B. his Executors and Administrators, but also of and from all actions, suits, arrests, costs and dammages, which may arise or come, for, touching, or in any wise con∣cerning the said private and single Debt and Debts of the said A. B. unto the said C. D. his Executors or Administrators, or with which he shall or may in any wise be chargable with. Then this Obligation to be void and of none effect, or else, &c.

The like from C. D. to A. B. mutatis mutan∣dis.

Notes

• * 1.1

  Recital of for∣mer Co∣partner∣ship, and Debts a∣rising thereby.
• * 1.2

  Recital of the se∣paration.
• * 1.3

  Assign∣ment by one to the o∣ther of Debts.
• * 1.4

  Power given to get in the Debts assigned.
• * 1.5

  To make satisfa∣ction for Debts disco∣ver'd to be re∣leased, &c.
• * 1.6

  Not to hinder recove∣ry of the Debts assigned.
• * 1.7

  To make further Letters of At∣torny.
• * 1.8

  To pro∣cure re∣leases from the Credi∣tors.
• * 1.9

  To save harmless against Debts, &c.
• * 1.10

  Recital of tho Copart∣nership.
• * 1.11

  The dis∣solution of it.
• * 1.12

  The one assigns his part to the other.
• * 1.13

  To en∣joy.
• * 1.14

  Not to receive or re¦lease Debts.
• * 1.15

  Not to dis∣charge, &c. any Action.
• * 1.16

  To justi∣fie Acti∣ons brought.
• * 1.17

  To save harm∣less, &c.
• * 1.18

  Recital of the former Part∣nership.
• * 1.19

  Debts former∣ly divi∣ded and recei∣ved.
• * 1.20

  Recital of re∣main∣ing Debts unpaid.
• * 1.21

  Division of them.
• * 1.22

  Assign∣ment of Debts by A. B. to C. D.
• * 1.23

  Makes assignee Attorny to sue.
• * 1.24

  Power given to recover.
• * 1.25

  Not to Release.
• * 1.26

  Not to discon∣tinue any A∣ction.
• * 1.27

  To ju∣stifie A∣ctions.
• * 1.28

  To dis∣charge, &c. the other.
• * 1.29

  Assign∣ment of Debts by C. D. to A. B.
• * 1.30

  Not to release the Debts, &c.
• * 1.31

  Not to delay a∣ny Suit.
• * 1.32

  Cove∣nant to deliver up the Bonds &c. and shew forth the Shop-Books.
• * 1.33

  Recital of their dissolu∣tion of the Co∣partner∣ship.
• * 1.34

  Their intenti∣on to di∣vide the Stock.
• * 1.35

  Cove∣nant to dissolve.
• * 1.36

  The one to have all the Goods and rea∣dy Mo∣ny.
• * 1.37

  Assign∣ment thereof.
• * 1.38

  The o∣ther to have all the Debts.
• * 1.39

  Assign∣ment of the Debts.
• * 1.40

  That the Assignee of the Debts, shall en∣joy without account.
• * 1.41

  Power given to sue.
• * 1.42

  Not to release any Debts; if he do, himself to make satisfa∣ction.
• * 1.43

  The one to pay part of the Debts by them owing.
• * 1.44

  The o∣ther to pay the other part of the Debts
• * 1.45

  Private Debts.
• * 1.46

  Varian∣ces ari∣sing how to be de∣cided.
• * 1.47

  Recital of for∣mer Partner∣ship, and Debts contra∣cted.
• * 1.48

  Their desire to dissolve the Co∣partner∣ship and to divide the Debts, &c.
• * 1.49

  To give notice of Re∣ceipts.
• * 1.50

  To pay a moiety to his Fellow.
• * 1.51

  To pay the o∣ther moiety to Cre∣ditors.
• * 1.52

  Not to com∣pound without the o∣thers consent.
• * 1.53

  To assist the o∣ther.
• * 1.54

  Recital of Co∣partner∣ship, and particu∣lar debts accruing during the same.
• * 1.55

  Their intent to separate, and that neithers Debt charge the o∣ther.
• * 1.56

  To dis∣charge his F••l∣low from the private Debts.