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Expenses, &c. of the joint trade to be borne by the part

ners.

partners.

Of the senior partners.

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Between sd coptnshp according to the shares and proportions in Bankers, which the sd sum of £ is to be advanced and made up by them resply-6. That if either, &c. (bring in money above his share of the capital, see Gen. Precedent, Art. 5, note (d))-7. That the rent taxes and repairs of the sd messe or tent and office where the business shall be conducted the salaries and wages of clerks and servts the postage of letters and all chas dams and exps which shall or may happen to or be laid out or expended by the sd ptnrs or any of them in and concerning the sd ptnshp trade shall be borne and pd by and out of the sd ptnshp effects and the gains and prfts thof and in case there shall be any deficiency then by the sd coptnrs according to their sevl and Attendance respive shares and proportions (a) — 8. That the sd of the junior E and F shall devote the whole of their time to the business of the coptnshp And shall (unless prevented by sickness or any reasone cause with the consent of the or. ptnrs) give their attendance at the banking house for the time being from the hour of in the morning until the hour of in the afternoon of every day in the yr Sundays Good Friday and Christmas-day excepted 9. That the sd A, B, C and D shall not be obliged to attend to the business of the sd coptnshp any furr than they shall resply think proper but that as far as they shall attend thereto they shall carry on and conduct the same for the greatest bent and advantage of the coptnshp 10. That each of them the sd coptnrs shall be true and faithful to each or. in all their dealings and transactions in and about the business of the sd coptnshp-11. That the sd coptnrs resply shall by themselves or their clerks resply from time to time during the continuance of the sd coptnshp enter or cause to be entered into proper books to be kept for that purpe all mos recd and pd by them And also such or. matters and things as are usually entered in bankers' books so as to manifest the proceedings and state of the sd coptnshp 12. That all books bills secties and or. writings relating to the sd coptnshp shall be kept in the banking-house for the time being open to the inspection of all the sd ptnrs-13. That all bills drafts promissory notes and all acceptances and indorsements thereon and all rects paymts letters or or. matters and things relating to the said banking business shall be (a) In the case of a country bank, say, That an account shall be opened and a correspondence established in London at the banking-house or shop of at or in or at such or. bankinghouse as the sd pties or the major pt of them shall mutually agree upon for the purpe of negotiating and transacting the agency business or the town business of the sd copartnership.'

Accounts kept.

Books, &c. kept in

banking

house.

Signing bills, &c.

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Between

Bankers.

without

consent of

the firm.

No money to be lent by the firm to any partner.

signed in the name or style of the sd firm by some one or more of the sd ptnrs or by some acting or confidential clerk apptd by the sd coptnrs or the major pt of them for that purpe-14. That neither of the sd Bills not to coptnrs shall or will witht the consent of the ors of be signed them or the major pt of them sign any bill draft or promissory note And that if any one or more of the sd coptors shall at any time during the continuance of the sd coptnshp draw accept or indorse any bill note or or. secty in the name of the sd firm witht the consent of the ors of them or the major pt of them the sd pturs first had and obtained for that purpe such note or secty shall be deemed to be given on the separate acct of the sd ptnr or ptnrs so drawing accepting or indorsing the same and he or they shall accordingly pay satisfy and discharge the same out of his or their own separate este or estes and shall indemnify (a) and save harmless the ors and each of the ors of them their and his este and effects resply from and agst the paymt thereof and from and agst all actions suits costs dams and exps on acct thof-15. That no money shall be lent or advanced to any of the sd ptnrs witht the consent of all the or. coptnrs first had and obtained and that none of the sd ptnrs shall at any time during the continuance of the sd coptnshp borrow rece or take up any money on acct of the sd coptnshp witht bringing the same into the stock of the sd coptnshp That neither of the sd pties shall at any time during the continuance of the sd coptnshp witht the consent of the or. coptnrs or the major pt of them lend any money or effects belonging to the sd coptnshp or give bills on acct of the sd coptnshp or take hire or dismiss any clerk or servt to be employed in and about the business of the coptnshp or compound or rele any debt or deliver up any secty which shall from time to time belong to the sd coptnshp witht receiving the full amount of the same debt or speculate in the public funds or enter into any bond judgmt or recognizance or do any or. act matter or thing whatsr or. than in the fair and regular course of business by means whereof the sd coptnshp stock or any pt thof may be seized attached or orwise prejudicially affected -17. That in case any of the sd pties shall at any Dissolution time during the continuance of the sd coptnshp have for misless than his or their share or shares in the coptnshp conduct. stock and on request by any one or more of the sd coptnrs shall refuse or neglect to make up the deficiency forthwith or in case any one or more of the sd pties (a) As to the necessity of this provision, see Pref. § 11.

16.

No money to be lent, &c. by any

partner.

Between shall draw indorse or accept any bills contrary to the Bankers. provision hnbefe contd in that behalf or shall wilfully

accounts.

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do or omit any matter or thing whatsr, contrary to the true intent and meaning of these prests whby in the judgment of the or. coptnrs or the major pt of them the sd jt trade may possibly be in any manner prejudiced it shall be lawful for the sd coptnrs or the major pt of them and they are hby expressly authorized and empowered to give to the pty so offending notice to be left at his residence or affixed in some conspicuous pt of the counting-house of the sd coptnshp declaring a dissolution and immly thereafter or at any future time as shall be named in the sd notice the sd coptnshp shall absolutely cease and determine as to the pty so offending in like manner as if he were dead and the ptnrs giving such notice shall be at liberty [unless the pty to whom the same be given require the same to be referred to arbitration] to advertise such dissolution in the London Gazette And the sd coptnrs shall in such case make provision for the speedy settlement of the accounts and also in case the sd jt concern shall then be solvent for indemnifying the sd pty in the same manner as is hnaftr Half yearly directed in the event of the dece of any ptnr — 18. That on the day of and the day of a full and general acct shall be made and taken of all and singr the mos credits and effects which shall be then belonging to the sd coptnshp and of all such debts as shall be due and owing from the sd coptnshp to any psn or psns whatsr And all such or. matters and things as are usually comprehended in such accts and shall be necessy to manifest the state of the sd jt trade And that each of the sd pties shall state his objections if any to the sd acct within days after the same shall be delivered to or left for him in the counting-house of the sd coptnshp and if such objection cannot be amicably settled by and betn the sd pties then the item or items objected to shall be determined by the majority of the sd coptnrs or referred to arbitration according to the provision hnaftr contd in that behalf And the sd acct shall after that time be considered as settled and the same shall be signed by all the pties and the sd coptnrs shall aftrwds be bound and concluded by such half yrly accts unless some error to the amount of £- shall appear therein within calr mths from the settlemt thof resply And in that case the acct or accts shall be opened and unravelled so far only as relates to the error or errors which shall have appeared therein as afd - 19. That immly after closing evy such half yrly accts as afd the clear and net prfts of the sd jt trade shall be

Division of profits.

-

--

to assign

divided betn them according to their respive shares and Between ints-20. That any one of the sd ptnrs for the time Bankers. being shall be at liberty to dispose of and transfer Liberty the whole or any pt of his share or int in the sd coptnshp to any psn or psns whomsr in case such psn or pens shares. shall be approved of by any writing under the hands or hand of all the or. of the sd coptnrs but not orwise And that such psn or psns to whom such disposition or transfer shall be made with such approbation as afd shall thenceforth become and be a ptnr or ptnrs in the room or stead of such ptnr or ptnrs so disposing of or transferring the whole or any pt of his or their share or shares and ints of and in the sd coptnshp to the extent of the shares or ints which shall be so disposed of and transferred And shall be subject and liable to and shall abide by and perform all the sevl covts declons stipulations and agrmts in these prests [or so far as the same shall be then applicable and practicable] in the same manner in all respects as the ptnr making such disposition and transfer was or orwise would have been subject or liable to or bd to abide by and perform the same according to the true intent and meaning of these prests 21. That either of the sd pties shall be at Liberty to liberty by his last will and testmt to nominate a son leave shares (or a nephew, &c. as the case may be) to succeed to by will. his share in the sd coptnshp and the capital or jt stock and the future gains and prfts thof provided that no psn so appted shall succeed to the share of the pty so appting under this provision unless at the time of such nomination he shall be at the age of 21 and shall within one calr mth next after such nomination signify his intention to succeed to such share to the continuing ptors by some writing under his hand to be given to them or left for them in the counting-house where the sd coptnshp shall be carried on for the time being22. That in case any psn shall succeed any of the sd coptors in the sd coptnshp business under this last mentd provision he shall be a ptnr in the sd jt business in respect of such share and shall be entitled to such share upon the same terms and condons and with under and subject to the same bents advantages and powers provisions restrictions duties regulations and agrmts in evy respect and in the same manner as the pty so appting would have been entitled and subject to the same if he had lived and remained a ptnr in respect thof-22. That if at any time during the continuance of this coptnshp there shall be a vacancy in the firm occasioned by death or orwise the remaining ptnrs shall

Liberty to admit new partners.

of any partner.

Between be at liberty and have full power to admit anor ptnr into Bankers. the sd coptnshp in the place of the pty so dying or leaving subject nevss to the same terms and condons as are hnbefe in that behalf contd-23. That with all convenient speed after any psn or psns shall be so admitted a ptnr or ptnrs under the provisions hnbefe in that behalf contd such deeds of covt and or. deeds acts matters and things shall be prepared made done and exted by and betn the sd pties as counsel shall reasonably advise or require for placing the admitted ptnr or ptnrs in the situation of the pty in respect of whose share or shares he or they shall be admitted and for subjecting such ptnr or ptnrs to the covts and agrmts herein contdRetirement 24. That in case any of the sd pties shall be desirous to retire from and quit the sd coptnshp at the end of the first years thof it shall and may be lful for them so to do upon giving mths previous notice in writing to the or. ptnrs of such his or their intention and upon his entering into a bond (to be prepared at his own expense) to the or. ptnrs in the penalty of £-conditioned for the payint of £-in case the ptnr or ptors so quitting shall either alone or in coptnship with any or. psn or psns carry on the business of a banker at any time aftwds and during the continuance of the coptnshp hby established in the city of or within miles distance in which case the ptnr or ptnrs so quitting the sd coptnshp shall be entitled to rece no more than the balance of capital and prfts which appeared due to him or them resply on the then last day of settling the coptnshsp acct witht any int thereon to the time he or they shall so quit the sd coptnshp and witht having any allowance for prfts (save and except he may be entitled to subsistence money) and that the continuing ptnrs shall duly exte and deliver a bond at their or his expense for paymt to the sd ptnr or ptnrs so quitting his or their respive exs or ads of the amount of such balance with int for the same after the rate, &c. from the time of his or their quitting the sd coptnshp within

calr mths then next ensuing by four equal paymts that is to say, &c. and that in case the sd coptnshp concern shall appear to be then solvent and fully competent to the discharge of all lful demands thereon then such continuing ptnrs shall if required enter into a bond at their expense in a reasone penalty for indemnifying and saving harmless the ptnr or ptnrs so quitting and his and their respive hrs exs and ads from and agst all and evy such debts and engagements as shall be then due owing or subsisting by from or with regard to the

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