Imatges de pàgina
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one of them in hand well and truly paid by the said G.
H. and I. K. at or before the sealing and delivering hereof
(which sum is by the said A. B. and C. D. hereby agreed
and declared to be in full discharge and satisfaction of all
monies, stock and other demands whatsoever due to them
the said executors, or the estate of the said E. F. from
them the said G. H. and I. K. or either of them, or from
the said late joint stock of the said late copartnership, or
otherwise, on account thereof,) the receipt whereof they
the said A. B. and C. D. do hereby respectively acknow
ledge, and thereof and of every part or parcel thereof do
hereby severally and respectively acquit, exonerate and
for ever discharge, as well them the said G. H. and I. K.
their executors and administrators respectively, as also the
said joint stock of the said late copartnership, and for di-
vers other good causes and considerations them there-
unto moving, They the said A. B. and C. D. HAVE,
and each of them HATH, and by these presents DO,
and each of them DOTH, freely, clearly and absolutely
bargain, sell, assign, transfer and set over, unto them the
said G. H. and I. K. their executors, administrators and
assigns, all and every the part and parts, share or shares
whatsoever, belonging to him the said E. F. of and in all
the goods, wares, merchandises, debts. and all other the
effects whatsoever, mentioned and set forth in the total or
balance of a rest book thereof, made, examined and sign-
ed by them the said A. B., C. D., G. H. and I. K. on the
day of the date hereof; AND also all other the stock
and estate whatsoever, now belonging to the estate late
of him the said E. F. by virtue of his being a copartner
with them the said G. H. and I. K. as aforesaid; and
all the right, interest, property, benefit, advantage, claim
and demand whatsoever, both at law and in equity, of them
the said A. B. and C. D. or either of them, of, mn, to or
out of the said hereby assigned stock and premises, or any
part and parcel thereof, by virtue of the indenture or arti-
cles made on the said copartnership, or of the last will
and testament of the said E. F. or otherwise howsoever.
AND for the better and more effectually enabling them
the said G. H. and I. K. to have and receive all and sin-
gular the said hereby assigned premises, to and for their ney.
own use and benefit, they the said A. B. and C. D.
HAVE, and each of them HATH, and by these presents
DO, and each of them (as far as in them lies) DOTH,
make, ordain, authorise, constitute and appoint, and in
their place and stead put them the said G. H. and I. K.
their executors, administrators and assigns, the true and
lawful attorney or attornies, jointly and separately, irre-
vocable of them the said A. B. and C. D. to ask, demand,
sue for, rècover and receive, to and for their own and pro-

Letter of Attor

nify them.

per use and benefit, all and singular the said hereby assigned debts and premises, of and from all and every person and persons whomsoever who are or shall be liable to answer and pay the same; and in case of non payment thereof, or of any part thereof, then at the charge of them the said G. H. and I. K. and in their own names, or in the names of them the said A. B. and C. D. or either of them, to bring any action or suit either at law or in equity, for the recovery thereof, and the same to prosecute to effect; and upon receipt thereof, or of any part thereof, to give proper and sufficient discharges for the same; and finally to make, do and execute all and every such further and other lawful act and acfs, thing and things, as may be necessary in and about the premises, ratifying, allowing and confirming all and whatsoever they the said G. H. and I. K. or either of them, their or either of their executors, administrators and assigns, shall lawfully do or cause to be done by virtue of these presents. PROVIDED ALWAYS, and so as they the said G. H. and I. K. Previso to indom their executors, administrators and assigns, shall and do at all times hereafter save harmless and keep indemnified them the said A. B. and C. D. their executors and administrators, of, from and against all costs, charges and damages, which they, or either or any of them, shall or may pay or sustain, by reason of their, either or any of their names being made use of in any such action or suit to be brought or commenced by virtue of the power hereby given. AND they the said A. B. and C. D. for themnant, viz. done selves, their executors and administrators, do covenant, promise and agree, to and with the said G. H. and I. K. their executors, administrators and assigns, by these presents, in manner following, that is to say, That they the said A. B. and C. D. or either of them, have not made, done, committed, or wittingly suffered, any act, matter or thing whatsoever, whereby or by means whereof the said hereby assigned debts and premises, or any part thereof, are or is or shall or may be in any wise prejudiced, reNot to release leased, discharged or incumbered, in any manner howany debt or pow-soever; nor shall or will, at any time hereafter do any act, matter or thing whatsoever, whereby to release or discharge all or any of the said hereby assigned debts and premises, or any part thereof, or the power or authority hereby given for recovering the same, or any action or suit to be thereon brought for the recovering thereof, without the consent of them the said G. H. and I. K. their executors or assigns, first had in writing for that purpose. AND also that they the said A. B. and C. D. and all other persons lawfully claiming any right or interest of, in or to the said hereby assigned premises or any part thereof, by, from or under them, or either of them, or by, from

Executors cove.

no act to incumber.

er hereby given.

viving partners

testator not com.

or under the said E. F. deceased, shall and will at any time, at the request and charge of the said G. H. and I K. or either of them, their or either of their executors or administrators, make, do and execute any further and other lawful and reasonable act and acts, thing and things as well for the corroborating and strengthening of these presents, as also for the further, better and more perfect assigning of all and singular the said hereby assigned premises unto them the said G. H. and I. K. their executors administrators and assigns, as by their or any of their counsel shall be reasonably advised or required. AND FURTHER, That in case within the space of As to payment or now next ensuing, it shall be proved or made plainly indemnify ingsurappear, that he the said E. F. hath contracted any debt touching all debts or debts on account of his said late copartnership with contracted by them the said G. H. and I. K. with any person or persons prised in last rest. whomsoever (other than and except all such debts as are mentioned and comprised in the said rest book, signed by them the said A. B., C. D., G. H. and I. K. as aforesaid) and that such debt or debts are now justly due and owing from the said E. F. to such person or persons on account of the said late joint trade, and that the same shall become charged therewith; then and in such case they the said A. B. and C. D. their executors and administrators, shall and will, out of the estate of the said E. F. pay and satisfy all and every such debt or debts (if any) so now due as aforesaid, or shall and will save harmless and keep indemified them the said G. H. and I. K their executors and administrators of and from payment thereof, provided nevertheless, and so as such debts be so proved or made plainly appear within the time aforesaid. AND they the said A. B. and C. D. for the considerations aforesaid, for from the execu themselves and for their respective executors and admin- tors to surviving istrators, and for all other the representatives of the said E. F., DO hereby remise, release, discharge and for ever quit claim, unto them the said G. H. and I. K. their executors or administrators, all sums of money and premises now due to the said late joint trade, and all and all manner of actions, suits, claims and demands whatsoever, both at law and in equity, which they, either or any of them, can or may from henceforth claim, challenge or demand against them the said G. H. and I. K. or either of them, their or either of their executors or administrators, for or by reason or on account of any breach or non performance of any covenant or agreement, or any other act, matter or thing whatsoever done or committed, or which on their part, by virtue of the said indenture or articles of copartnership or otherwise, are or were by them thereby covenanted or agreed to be paid, done and performed. AND they the said G. H. and I. K. in con

General release

partners.

executors.

The like to the sideration of the release hereinbefore made and given to them as aforesaid, and for other good considerations them thereunto moving, DO hereby for themselves, and for their respective executors and administrators, remise, release, discharge and for ever quit claim unto them the said A. B. and C. D. and all and every other the representatives of the said E. F. all and every sum and sums of money, and all and all manner of actions, suits and claims and demands whatsoever, both at law and in equity, which they, either or any of them, can or may have, claim, challenge or demand, against the estate late of the said E, F, or them the said A. B. and C. D. as executors thereof, for or by reason or upon account of any breach of covenant or non performance of any agreement, or any other act, matter or thing whatsoever, by him or them done or committed, touching or relating to the before mentioned copartnership, or which by the said articles or indentures of copartnership or otherwise are or were by him the said E. F. thereby covenanted and agreed to be paid, done and performed (other than and except as to all such debt or debts not comprised in the said rest, which shall appear to have been contracted, and which are now justly due from the estate of the said E. F. to the said late joint trade, and which if any are to be paid by his executors in manner as aforesaid. AND they do hereby further covenant with the said A. B. and C. D. and all and every other the representatives of the said E. F. that they will at all times save and keep harmless and indemnified, the estate and representatives of the said E. F. against all debts whatsoever which are owing by the said partnership, and of and from all actions, demands, damages, and charges whatsoever, which shall at any time come against the estate or representatives of the said E. F. by reason thereof, IN WITNESS, &c.

Mutual agreement between two partners (upon determining the partnership) of bad debts, which are divided equally, and mentioned in two schedules, and assigned to each other respectively.

THIS INDENTURE made &c. between A. B. of &c. of the one part, and C. D. of &c. of the other part. WHEREAS the said parties were lately copartners in the trade and business of a which partnership is determined. AND WHEREAS several debts owing to the said parties on account of their late partnership, which are mentioned in the two schedules hereon indorsed, are still standing out and unreceived, and are by the said par ties reckoned to be doubtful or desperate, and they have

agreed to divide the same in manner as hereunder is mentioned, viz. The said A. B. to have and receive the debts mentioned in the first schedule hereon indorsed, to his own use, and the said C. D. is to haye and receive the debts mentioned in the second schedule hereon indorsed, to his own use. NOW THEREFORE THESE PRESENTS WITNESS, That in pursuance of the said agreement, and in consideration of the sum of ten shillings of lawful money in hand well and truly paid by the said C. D. HE the said A. B. DOTH, hereby fully and absolutely assign and release unto the said C. D. his executors, administrators and assigns, to his and their own proper use and uses, without any account to be made or given for or concerning the same, ALL his right, title, claim, interest, part, share, benefit and demand whatsoever, of, in and to the said several demands and sums of money, due and owing unto the said parties on their joint account as aforesaid, mentioned in the said second schedule hereon indorsed, by virtue of the said copartnership, or otherwise howsoever. AND the said A. B. doth hereby make, ordain, authorise and appoint the said C. D. to be his true and lawful attorney irrevocable, and doth give and grant unto him, his executors and administrators, full, power and authority, in his name, and in the name of his executors or administrators, to the only proper use and behoof of the said C. D. his executors and administrators, to ask, demand, sue for, levy, recover and receive the said debts mentioned in the said second schedule, to his and their own use and uses as aforesaid, from the several persons therein mentioned, and all others whom it may concern: AND upon receipt of the same or any part thereof, acquittances and other proper discharges to make and give; and generally for him, and in his name,,or in the name of his executors or administrators, to make, do, perform and execute all and every such, further and other acts, matters and things, in, about, touching or concerning the premises, as to the said C. D. his executors or administrators, shall seem requisite and necessary, and that as fully and essentially as if he the said A. B. or his executors or administrators were personally present. AND the said A. B. doth hereby covenant for himself, his executors and administrators, to ratify and confirm all and whatsoever he the said C. D. his executors or administrators, shall lawfully do or cause to be done in or about the premises, by virtue of these presents. AND THESE PRESENTS FURTHER WITNESS, that in pursu ance of the agreement aforesaid, and in consideration of ten shillings of lawful &c. (C. D. in like manner assigns to A. B. the debts mentioned in the first schedule and empowers him to receive the same :) AND each of them the said

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