business and to employ his utmost skill in promoting and Between conducting the same the sd A B for himself, &c. doth Attornies. covt, &c. and the sd CD for himself doth covt, &c. in man

become

partners.

Yearly sum of£-to be allowed to and taxes.

A B for rent

ner following that is to say (a) — 1. That they the sd AB and CD A B and C D shall and will become continue and be co- mutually ptnrs in pft and loss in the proportion hnaftrmentioned covenant to in the sd business and profession of atties in the carrying on prosecuting managing and defending all and every suit at law or in equity which he the sd AB is already concerned in or which they the sd A B and C D or either of them at any time during the sd coptnship shall be concerned in and in perusing drawing and settling all and every such deeds titles conveyances and or. instmts whatsr which they the sd A B and C D shall be employed about during the sd coptnship and in all or. business common or incident to an atty solicitor or conveyancer for the term of, &c. to be carried on, &c. in the same manner as the same is now carrying on there -2. That the sd A B during the continuance of this term shall be allowed yrly and every yr at and after the rate of £- per ann for and towds the rent and taxes of the office and other parts of the dwelling-house where the sd business is now carrying on or of any other house which he may hereafter take and for the usual necessy coals candles and attendance of servts and also the usual entertainment of clients and or. psns in any wise relating to the sd ptnshp business And also at and after the rate of £- per annum for the board of (b) WR and SW during such time as they shall continue to be employed in the sd coptnshp business and be dieted by the sd A B-3 That neither of them the sd A B or C D shall or will at Neither any time during, &c. carry on prosecute or defend any suits party to at law or in equity or make any conveyance or transact or do any other affairs or business incident or belonging separately. to the profession of an atty solicitor or conveyancer for any pft or advantage on his own separate acct or for or on any or. acct than for the jt bent of the sd coptnship (save and except, &c. which shall be prosecuted carried Exception. on and completed on and for the sole and separate acct and bent of the sd A B and the sd CD is not to have any part of the share or profit which have arisen or shall arise therefrom)—4 That they the sd A B and C D shall Apportion

(a) If it be necessary, say, 'That the capital of the sd coptnship shall consist of the sum of £- or such or. sum or sums as shall from time be wanted for carrying on the sd business and the same shall be brought in in the following proportions namely the sum of -being two third pts or shares thereof by the sd A B and the sum of being one third part or share.'

·

(b) If it be so agreed, say of CD in such manner as he hath been usually dieted and also for the board of,' as above.

carry on

business

ment of profits;

and ex

losses.

Between be entitled to such shares and proportions of, &c. in the Attornies. prfts arising from the sd coptnship including the fees recd with articled clks as hnaftr is mentd that is to say for the first two years of the sd term the sd A B shall be entitled to two-thirds thof and the sd C D to one-third thof And for the remr of the sd term they the sd A B and C D shall be entitled to the sd prfts and advantages arising from the sd coptnship busnss in equal moieties share and share alike (a)-5. That all debts due and penses and owing on the sd ptnshp acct and all losses which shall happen by reason of the sd coptnshp busnss and all counsels fees exps for stationery clks and writers' salaries and all other chas disbursements and necessy exps incident to the same shall be sustained and borne by them the sd A B and C D resply and their respive exs, &c. in the proportions above mentd [due regard being had to the time when such debts losses and exps shall happen to be made or contracted] whether in the first two years or the last years of the sd term-6. That all and every sum and sums of money that shall be recd by either of the sd pties shall from time to time be deposited and remain in the hands of the sd A B in trust for the jt use and bent of both the sd pties according to their respive ints and that out of the sd monies he the sd A B shall and will pay and supply the sd C D with such sums of money as shall from time to time be necessy or expedient for the carrying on and prosecuting the sd jt busnss (b)— 7. That proper bks, &c. (see Gen. Precedent)—8. That if either of the sd pties shall give credit to or disburse any sum or sums of money for any parlar psn or psns whomsr after having been forewarned by the or. of them in writing against giving such credit or making such disbursement such pty shall alone stand to the loss hazard

All monies to be deposited in the hands of A B.

In trust for joint bene

fit;

and to supply CD

with what is requisite.

Hazard as

to credit by either after

notice.

(a) Where a premium has been given, and it is so agreed, say, "That in case the profits arising or to be produced from the business of the sd coptnshp (after making all necessary deductions and allowances as are hnbefore mentioned) at the end of yrs shall not amount to the sum of £-being the average calculated value of yrs prfts the sd A B shall repay to the sd CD so much as shall make the share of the sd CD equal to one-third of the sd sum of Or, if it be so agreed, say, 'In case either of them the sd A B or CD shall happen to die before the expiration of yrs of the sd coptnshp then the sd A B or his exs or ads shall and may retain the whole of the sd premium (or one-third, &c, as the case may be.)

(b) Or, if it be so agreed, say, ' That all sums of money which shall from time to time be advanced by the sd coptnrs and all sums which shall be recd by either of them the sd AB and CD on the coptnshp acct shall be deposited with Messrs or any or. bankers whom the sd coptnrs shall agree upon That the sd AB shall be at liberty to draw out of the funds of the sd coptnshp for his personal exps the sum of £— by monthly instalments and the sd C D shall be at liberty to draw out the sum of £- in the same manner,'

Account

Parties to

use their

best endeavours to collect in

debts.

Expiration

of term.

and adventure thereof and the share of the sd pty in the Between prft of the sd busnss shall stand charged with the same Attornies. -9. That the sd pties shall and will yrly, &c. (state and balance acct, &c. see former Precedents) And upon stated stating and finishing such acct as afd shall and will use yearly. their jt and utmost endeavours to recover rece and collect in all and every such sum and sums of money due and owing to them and after paymt and deduction of all sums of money due and owing from the jt coptnshp concern and of such sums as are hnbefe agrd to be retained as atd they the sd pties shall thereupon make partition and division betn them of the clear gains and prfts of the sd coptnshp and jt business in the shares and proportions hubefe mentd-10. That upon the dissolution of the sd coptnshp by effluxion of time during the lives of the sd pties a general acet in writing shall be stated and settled betn the sd pties of all the debts due from and to the sd pties and of all the affairs and transactions relating to the sd coptnshp and upon the completion of such an acct the s pties shall forthwith pay and provide for the paymt of their respive shares of the debts, &c. and after such paymt shall make a distribution division and allotment of the ptnshp credits and effects betn them according to their respive proportions and ints therein (a) — 11. That in case either of the sd pties shall happen to die before the expiration of the sd term the survor shall and will as soon us conveniently may be after the death of such pty adjust and make up a perfect and true acct in writing of all matters and transactions relating to the sd coptnshp busnss and within six mths next after the dece of the pty so dying shall deliver or cause the same to be delivered unto his exs or ads and recover rece and get in as soon as may be all and every such debts and sum and sums of money as shall be then owing to the sd coptnshp and well and truly pay or cause to be pd after a deduction of all debts by them owing on acct of the sd ptnshp concern unto the sd exs or ads such sum and sums as shall be then in hand at the death of the pty so dying and such pt of the outstanding debts as shall appear by the sd acct to be the share of the pty so dying as the same shall from time to time be got in

On death of either, the other to

state an account;

and deliver it to the executors

within six

months.

12. That in case either of them the sd A B and C D Retirement.

(a) If it be so agreed, add here, and the deeds papers writings vouchers and documents belonging or relating to the affairs of the sd clients shall be retained by or delivered to the sd A B or C D according as the pties shall have become clients of the coptnshp through the interest of either of them the sd A B or C D and in case of doubt or dispute it shall be referred to the client to determine in whose custody the papers shall remain.'

Between shall be desirous of dissolving the ptnshp by these prests Attornies. entered into before the sd term of yrs be expired and shall give to the other of them six calr mths notice in writing of such his desire the six mths to end on the day of in the year in which such notice shall be given that then the coptnshp hby created shall cease determine and be utterly at an end any thing herein contd to the contrary notwithstanding Provided nevss that in case the sd C D shall give such notice as afd an acct shall be taken of the debts credits and effects of the sd coptnshp in like manner as is hnbefe directed upon dissolution by effluxion of time and the sd A B shall take upon himself to collect and get in the credits of the sd coptnshp and pay and discharge the debts thof and after paymt thof to pay over one third of the surplus of the mos and effects of the sd coptnshp which shall remain after paymt of such debts from time to time as and when the mos shall be so recd and shall amount to £— unto the sd C D his exs or ads and so soon as the whole of the share of the sd C D shall have been pd as afd he the sd C D shall duly assign all the right title and int of him the sd CD in the preses and in case there shall be any deficiency in the sd coptnsbp mos and effects to pay and satisfy the debts which shall be due and owing from the same such deficiency shall be made good by the sd A B and C D according to their sevl proportions of and in the prfts and losses of the sd coptnshp And furr that in case of such dissolution by the retirement of the sd CD as afd all and evy the papers bks and writings which shall relate to the general business of the coptnshp shall remain with the sd A B he the sd A B indemnifying the sd C D his exs and ads from and agst all costs chas and dams which he or they may sustain or be at for delivering up or suffering the sd papers to remain with the sd A B And it is hby decld and agrd that on the retirement of the sd C D in manner afd he the sd C D shall not nor will practice as an attorney or solicitor within miles of afd whether the sď A B shall continue to reside or practice at

C. D. not to practice within a certain distance.

or shall remove to and practice at any or. place within the sd county of And that in case the sd CD shall wilfully or negligently break or fail to perform this present covt then he the sd C D his hrs exs or ads shall and will immly thereupon pay unto the sd A B his exs or ads the sum of £ as liquidated dams to be deemed and taken in full satisfaction and discharge of such covt and not in the nature of a penalty (a) And

(a) If a premium has been paid and it is so agreed, say, Provided also that in case the sd A B shall give such notice as hnbefe mentd

in case, &c. (see Arbitration Clause, Gen. Precedent, Between Art. 18.) In Witness, &c.

Articles of Copartnership between two Surgeons, where one of them proposes to relinquish his Business to

the other.

Surgeons, &c.

and relinquish busi

ness.

Testatum.

covenants.

Articles of Agreement made, &c. Betn A B of, &c. of the one pt and C D of, &c. of the or. pt Whas the sd A B hath for sevl yrs followed the profession of a surgeon, &c. and for the consons hnaftr mentd hath agreed to take the sd C D into coptnshp with him in the sd profession and to relinquish such professions To take into or businesses to the sd CD upon the terms and condons partnership and under and subject to the covts stipulations and agrmts hnaftr contd Now, &c. That in conson of the sum of £- to the sd A B in hand, &c. by the sd C D well, &c. pd the rect, &c. and also in conson of the mutual trust and confidence which the pties resply repose in each other each of them, &c. the sd A B and CD each for himself, &c. doth covt, &c.-1. That Mutual they, &c. shall and will become and remain coptnrs in the professions, &c. from the day of, &c. for the term, &c. if they shall so long live-2. That the style or firm, &c. (see Gen. Precedent)-3. That the sd professions, &c. shall be carried on, &c. That the capital Capital shall consist of the fixtures stock and effects of the sd stock. A B now used, &c. an acct and valuation of which signed by both of them the sd A B and C D hath this day been delivered to each of them—4. That during the continuance of the sd coptnshp the shop surgery and parlour of, &c. shall be used for the purps of the sd professions, &c. and the sd coptnshp shall pay for the same the annual rent of £, &c. togr with the taxes and all outgoings for repairs aud insurance-5. Provision That the sd A B shall maintain his present apprentice as to during, &c. and such apprentice shall be employed in apprentices. the sd professions witht any remuneration being required for his services therein 6. That all or. apprentices taken by the sd pties during, &c. shall be articled to

and shall after such dissolution of the sd coptnshp which shall take place in consequence thof continue or within yrs thereaftr resume his practice as an attorney or solicitor then and in such case he the sd A B shall and will immly thereupon repay or refund the sum of £ unto the sd CD which he the sd CD pd to the sd A B on his admission into the sd coptnshp.' As deeds of this kind for the use of professional men, do not require to be drawn up with the same precision as those which are intended for persons unacquainted with the law, many clauses and provisions are here omitted, which may be found in the other precedents.

Rent for &c. to be borne by the parties.

surgery,