COPARTNERSHIP. Booksellers. ferred to them or him, and each of them the said parties, shall be compelled to perform the same by such rule of court as hereinbefore is mentioned (1). IN WITNESS, &c. Reference of disputes. Additional clauses. (1) See other modes and forms of reference of disputes, ante, pp. 71, 72, 104, 148. Should other provisions besides those contained or referred to in the above precedent be requisite to meet the objects of the parties, they will (if at all of a usual kind) be found by looking over the marginal notes of No. III. ante, p. 13, et seq. No. X. A Deed of Copartnership between Surgeons and Apothecaries-one Party being already established in Practice, and taking in an Assistant Partner. Variations as below (1). COPART NERSHIP. Apothecaries. THIS INDENTURE, made the in the of our Lord day of year of the reign, &c. and in the year BETWEEN (the original party) of, &c. surgeon and apothecary, of the one part, and (the coming in party) of, &c. surgeon, apotheand practising accoucheur, of the other part. WHEREAS the said (first named party) hath, by Recital of many years study, assiduity, and diligence, ac- copartnership. quired a very extensive and beneficial practice in cary, the town of agreement for a (1) See also notes and variations to No. III. ante, p. 13, in margins. NERSHIP. WITNESS. copartners. COPART- said (coming in partner), upon the terms and conditions hereinafter expressed. Now THIS INApothecaries. DENTURE WITNESSETH, that each of the said parties hereto, for himself, his heirs, executors, and admiParties become nistrators, doth hereby covenant, promise, and agree, to and with the other of them, his executors and administrators, in the manner following (that is to say) that from and after the day of the date of these presents, they the said (parties) shall and will become and continue copartners and joint practitioners in the professions or businesses of surgeon, apothecary, and accoucheur, and in buying and selling drugs and medicines, giving advice and attendance, and all other matters and things incident to the same, for the term of years, if they shall so long live, and stock to be pur incoming party. these presents shall not be sooner determined A moiety of the under the provisions hereinafter contained. AND chased by the for the more effectually carrying on the said professions, they the said parties have mutually agreed, that one part of the stock of drugs, medicines, fixtures, implements, and utensils, in the shop and laboratory, which are the entire property of the said (original party) and are enumerated or set forth in an inventory or particulars at the foot hereof, and signed by each of the said parties, shall be purchased by the said (second party). AND that the said stock, and all the profits and interest of the said partnership business, and all losses attending the same, shall be, from time to time, during the continuance of this copartnership, divided into equal parts, Profits, &c, to be divided. NERSHIP. WITNESS. stock, &c. parts whereof the said (first party) his exe- COPARTcutors and administrators, shall be entitled to, and have and receive, and shall and will bear and pay Apothecaries. parts (the whole into equal parts to be divided) of all debts and losses which shall from time to time be incurred by, or happen in or to the said partnership business. AND that the said (second party) his executors and administrators, shall be entitled to have and receive the remaining one part of the said joint stock, and the interest and profits thereof, and shall and will bear and pay one like part of such debts and losses as aforesaid. AND THIS INDENTURE FURTHER FURTHER WITNESSETH, that for and in consideration of the Assignment of sum of £ pounds of lawful money of Great Britain to him the said (first party) in hand well and truly paid by the said (second party) at or before the sealing and delivery of these presents, (being one part of the appraised value of the stock of drugs, medicines, and other things in the said inventory mentioned), the receipt whereof the said (first party) doth hereby acknowledge, and thereof and of and from every part thereof, doth acquit, exonerate, release, and for ever discharge the said (other party) his executors and administrators, by these presents, HE the said (first party) hath bargained, sold, and assigned, and by these presents doth bargain, sell, and assign unto the said (second party), ALL that one part (the equal parts being considered as divided) of and in all the drugs, medicines, fix whole into NERSHIP. COPART- tures in the shop, laboratory, instruments, utensils, and other things of the said (first party) as the Apothecaries. same are, or are intended to be more particularly mentioned and set forth in the inventory or particular thereof, at the foot of these presents, signed by them the said parties, TO HAVE, hold, receive and take, all and singular the said one. part of and in the said premises hereby bargained, sold, and assigned, or otherwise assured or intended so to be, unto the said (second party) his executors, administrators, and assigns, as his and their own proper goods and chattels, absolutely and for ever. AND THIS INDENTURE FURTHER WITNESSETH, that it is also agreed between the said parties to these presents, that the said joint business shall, during the continuance of this copartnership, be carried on and exercised in the shop belonging to the dwelling-house of him the said (first party) in street aforesaid, or in such other shop or house within the said parish of , as he the said (first party) shall at any FURTHER Mutual agree. ment as to carrying on the business, &c. Coming in party time think fit. AND that he the said (second party) to reside. shall constantly reside in or near the said house, or wherever else the business of the said copartnership shall happen to be carried on or exercised, and shall and will give close and constant attention, industry, and attendance therein; but Original party that the said (first party) shall and may be at liberty to reside in town, or in the country, and to give such attendance and application only as shall be agreeable and convenient to him in that to have indulgences. |