The perfect conveyancer: or, Severall select & choice presidents such as have not formerly been printed. Collected by four several sages of the law. Edward Henden, Knight; late one of the barons of the Exchequer. VVilliam Noy, Attourney Generall to His late Majestie. Robert Mason, sometime recorder of London. And Henry Fleetwood, formerly reader of Grayes-Inne. Wherein are contained many excellent examples and instructions touching the manner and method of conveyances; usefull for all persons, that are professors in the law, and desire to be rightly and judiciously informed. With an exact table for the readers more ready recourse to any the particulars contained therein.

An Indenture of Co-partnership between Drapers.

THis INDENTƲRE made, &c. between R. B. of &c. of the one part, and A.G. of, &c. of the other part. Witnesseth, That whereas on the day of the making of these presents, it is accorded, covenanted and condescended by and between the said parties, and either of them by himself covenanteth to the other, That they and either of them shall and will joyntly as Partners, occupy together (by the grace of God) from the 21 day of &c. for and during the whole time and term of ten years from thence next and immediately ensuing, as well in buying as in selling all manner of Goods, Wares and Merchandizes, concerning the Trade of a ••••nnen Draper, during which time of their said

Co-partnership either of the said parties shall be just, faith∣ful and true to the other in buying and selling, and other∣wise, as aforesaid▪ And that neither party shall buy any goods, wares, or Merchandizes, at any time or times, during the said terme, without consent of the other, that shall amount to above the summe of &c. And all such lucre, profit, increase gaine,* 1.1 advantage, and winning as shall come and grow in buying and selling any goods, wares or merchandizes, as a∣foresaid, during their said Co-partnership, shall be equally parted and divided between the said parties; so that either of them shall have his just and true portion of the gaines aforesaid, according to the true intent and meaning of these presents, and at all times within the said term of ten years from the said 21 day of, &c. when it shall please either of the said parties to give admonition or warning to other, then either of them to make other a just and true reckoning and accompt of the buying and selling of all manner of Wares, Goods, Merchandizes, and otherwise, as is aforesaid, and of the increase and advantage that shall come and grow of the same at the foot of all and every such Accompt and Ac∣compts, to charge their several private Books for that pur∣pose so he kept,* 1.2 and to set each hand to others Book. And also, it is covenanted and agreed between the said parties, that if the said parties at any time or times within the said terme of ten years happen to lose by debts, casualties, or otherwise, in their joynt trading, any part or parcel of the buying and selling of any Goods, Wares and Merchandizes, or other∣wise, debts and credits in manner and form as is afore∣said, so that it be not by negligence, colour, or feigned pretence, and that proved, both the said parties shall equal∣ly bear losse between them. And it is also agreed, that neither party at any time or times during the said terme shall lend or trust out any money, Wares, Goods or Merchan∣dizes to the value to 40 s, without the consent of the other. And it is also agreed between the said parties,* 1.3 That neither of them shall, during the said term, at any time or times give any release or discharge of any debt, duty or sum of money, or of any part of any debt, duty or summe of money to them

owing, without the consent and agreement of the other first had and obtained, unlesse it be by receiving the said debt or debts, and every such part thereof, to the use of them both. And also at the end of the said terme, or before,* 1.4 if the said parties shall discontinue their joynt trading, they shall make a just and true accompt and reckoning one with the other, of, for, and concerning all matters, and neither party shall give discharge to any Debtor or Debtors of any debt or debts that shall be allotted to the share and por∣tion of other, without the consent and agreement of the other first had and obtained in writing under hand and seale. And also that during their said Co-partnership,* 1.5 nei∣ther of the said parties shall at any time or times enter in Bill, Bond, passe his word, nor become Bayle or Surety for any person or persons whatsoever for above the summe of 40 s. without the like consent of the other first had and ob∣tained. And further, it is agreed by the said parties, That they, and either of them, shall well, truly and diligently, du∣ring the said terme, bestow and imploy their diligent, best and true studies and endeavours for their best profit, lucre and advantage in their said Trade and Traffick. And the said A G for him, his, &c. covenanteth and granteth to and with the said R B his &c. by these presents, That he the said A G shall and will yearly every year during the continuance of this Co-partnership truly pay or cause to be paid unto the said R B or his Assignes the summe of, &c. a yeare, for and towards the maintenance of an Apprentice by him the said R B to be kept.* 1.6 And it is accorded and conde∣scended between the said parties to these presents, That if any other Apprentice or Apprentices to be taken during the continuance of this Co-partnership, and living toge∣ther, shall be taken and bound to one of them, yet never∣thelesse joyntly and severally to both their uses, and the money given with such Apprentice or Apprentices to be taken and converted to their joint use and behoof.* 1.7 And for the managing of which affaires and businesse the said parties are to make a joynt stock of 200 l. viz. The said A G 100 l in ready money, and the said R B as much cloth as shall a∣mount

unto the summe of 100 l. at the prizes as they shall then cost. And it is agreed between the said Parties to these presents. That if either party shall make a greater stock or portion to begin withall the other lacking, shall during such time of lack or want, or untill a competent stock be made for the joynt trading, as aforesaid, allow to the other after the rate of 8 l. for the 100 l. per annum, for so much as shall be over the parties lacking. And for the more better ac∣complishing the work and businesse aforesaid, the said R B hath taken a House and Shop in or upon Cornhill within the said City of London, now in his occupation. And the said R B for him, his, &c. doth Covenant and grant to and with the said A G his, &c. by these presents, That he the said A G paying and allowing to the said R B the summe of 40 l. yearly to be raised out of the joynt stock and gains of them both in their said trading during the said terme of ten years by even portions, at four Feasts or termes of the year, viz. at the Feasts of, &c. shall and may peaceably and quietly have, hold, and enjoy the joynt possession and use of the said Shop with the appurtenances onely for their joynt occupation and trading. And the said R B his, &c. to pay the yearly rent going out and payable for the same from time to time during the said term of ten years, and to pay and discharge all Subsidies, Fifteens, Church-duties, Scavengers, wages, and other taxations and impositions due and payable for the same during this Co-partnership.* 1.8 And it is further covenanted and agreed by and between the said parties to these presents, That if it shall fortune the said A G to grow in dislike, or shall be minded to give over his joynt trading with the said R B. That then he the said A shall and will give the said R six months warning of such his determination in writing, and at the end of the said six months shall and will make a just and true accompt and reckoning to and with the said R. B. of and for all such wares, merchandizes, ready money, credits and debts as shall be then unreckoned for: and that the said R B shall have the wares then remaining in their hands at such rate as they cost, and the present money and good debts then

owing unto them, he putting in good security to the said A G to pay him so much money as his stock and portion shall amount unto, the one half at six moneths, and the o∣ther half at six months then after; the said R B also, paying to the said A G his, &c. so much lawfull English money at the said twelve months end at 10 l. per centum by the year as his whole stock and portion shall amount unto for nine months, and also it is agreed that at the time of such part∣ing the desperate debts to them joyntly owing shall be divi∣ded, as aforesaid. And further,* 1.9 the said A G according to the custome of the City of London, at such time of divi∣sion, shall turne over such Apprentice and Apprentices as shall then dwell with them for and during the remainder of the years that shall be then to serve and unexpired unto the use and behoof of the said R.B. But if the said R B shall refuse to accept of the same Apprentices, or either, or any of them, Then it is agreed that the said R B shall at his own charge see him or them so refused, placed elswhere▪ and that then also, the said A G shall peaceably and quiet∣ly leave, surrender and yeeld up the possession of the said Shop with the appurtenances, to the said R B his, &c. in such plight, as if these presents had never been had nor made: and that then also the said yeerly payment of 40 l. to cease and determine, any thing abovesaid to the contrary thereof notwithstanding. And it is further agreed between the said parties, and the said A G doth covenant and grant to and with the said R B, That he the said A G, during the space of one whole year next after such parting or division had or made, shall not trade for nor sell nor cause to be sold within the said City of L▪ any commodity that shall belong to the same Trade of a Linnen Draper.* 1.10 And lastly, if it shall fortune the said R B to die or depart out of this mortall life before the end or expiration of the said terme of ten yeares, That then the said A G his &c. within one month next after lawfull request to him or them to be made by his Executors, Administrators, or Assignes of the said R B shall not onely make and declare to the same Execu∣tors, Administrators or Assignes, a true and just accompt in

writing of all the said Estate of this occupying and Co-part∣nership, whereby the names and s••rnames of all and every Debtors and Creditors, and the quantity of Goods, Wares, Money or Merchandizes, then being or belonging to his joint occupying, shall and may plainly appeare; but also make a perfect delivery and assignment to the said Execu∣tors or Administrators of the said R B of so much of the Goods Wares, Money and Debts, as upon the said Accompt shall appear to be remaining to the said Co-partnership, over and besides such debts as shall then owing by the said Co-partners, by reason of their trading joyntly, in as large and ample manner as if the Co-partnership had been ended, and the said R B remaining alive: and that the As∣signment of such debts as shall be allotted to the said Exe∣cutors or Administrators of the said R B shall be made and assured to the same Executors or Administrators of the said R B in such manner, and by such reasonable act and as∣surance or conveyance as by the learned Councel in the Law of the same Executors shall be devised or advised. And like∣wise it is convenanted, &c. (the same that is from G to B) and that then also he the said R B shall peaceably and quietly suf∣fer the said A G to enjoy the said Shop with the appurtenan∣ces during the remainder of the said terme of ten years then to come and unexpired for the yearly rent of 40 l. to be paid at the usual Feasts aforesaid, the said R. B giving the said A G good security to enjoy the same against all persons; and the said A G is then to give good security to the said R B well and sufficiently to repaire the said Shop; and in the end of the said term of ten years the said A G shall peaceably and quietly leave, surrender and yeild up the possession of the said Shop with the appurtenances to the said R B his &c. well and sufficiently repaired. And further it is agreed &c. (the same that is from G to B not to use the Trade of a Draper:) and it is condescended and agreed by and between the said parties in manner and form follow∣ing, viz that he the said A G shall on the said 22 day of, &c. well and truly pay or cause to be paid to the said R B, the said summe of 100l, and for the same shall have, accept and

enjoy in joynt trading so much of the Wares and Merchan∣dizes as then shall be in the same Shop at such rates and prizes as the said R B then shall have paid or undertaken for the same: and the surplusage of the said wares and stock in the said shop then being the said A G shall accept in joynt trading, in as good sort and full plight as if the same were then in present money put in stock by the said R B. And the said A G to allow unto the said R B for the said surplusage in Joynt trading after the rate of 8 l. in the 100 according to the true intent and meaning before expressed and declared. And lastly, it is aggreed between the said parties, than if they shall fortune to give over or part trading before the end of the said term of ten years, then the party continuing trading shall give to the party that shall so give over, good security to dis∣charge and pay all the debts then joyntly owing by them to any person or persons for and in respect of their joynt tra∣ding, as aforesaid.

In witnesse, &c.

Notes

• * 1.1

  That all gains shal be equally divided.
• * 1.2

  If any loss hap∣pen to be equal∣ly born.
• * 1.3

  That one may not give a re∣lease.
• * 1.4

  To make a true accompt.
• * 1.5

  Not to be sure∣ty for any.
• * 1.6

  If any Appren∣tice be taken, to be to both their uses.
• * 1.7

  A joynt stock.
• * 1.8

  For dislike.
• * 1.9

  To turne over their Apprenti∣ces to the other.
• * 1.10

  That Survivor∣ship shall take no place.