COPART NERSHIP. Attornies. Annual accounts of profits, &c. Special clauses. THAT the said parties shall and will, yearly, during the said copartnership, (account together for profit and loss) (1). AND that upon stating and finishing every such account, they the said parties will use their joint and respective endeavours to recover, collect in, and receive, all and every such sum and sums of money as shall appear to be due and owing to them, on account of the said joint profession or business; and after payment and deduction of all sums of money due and owing from the said copartnership, and of such sums as are hereinbefore agreed to be retained for subsistence-money as aforesaid, they the said parties shall make a partition and division between them of the clear gains and profits of the said copartnership business, according to the shares and proportions hereinbefore mentioned. THAT, &c. (special clauses) (2). Special clauses. (1) See ante, pp. 35. 95. (2) Add such special clauses as have been agreed upon between the parties, for the forms of which (mutatis mutandis) see As to articled clerks, ante, p. 30, n. (1), and As to writing clerks, ante, p. 38, n. (1), p. 45, n. (1), and p. 135. p. 114. As to attendance by one partner, ante, p. 37, n. (1), p. 39, n. (1), and p. 113. As to expenditures on clients, ante, p. 42, n. (1). As to disposal of copartnership interest, ante, p. 50, n. (1), p. 196. As to introducing a new partner, ante, p. 51, n. (1), pp. 196. 154. As to liberty for partner to retire or dissolve on notice, &c. ibid. p. 57, n. (1), pp. 140. 155. 197. NERSHIP. Attornies. Death of either THAT in case of the death (1) of either of the COPARTsaid parties, the survivor of them shall and will, as soon as conveniently may be thereafter, adjust and make up a true and just account and reckoning, in writing, of all matters and transactions re- party. lating to the said copartnership, and of all debts due and owing by or to the said copartnership, and within six calendar months next after the decease of the party so dying, deliver, or cause to be delivered, unto his executors or administrators, a true copy and state of such account and reckoning, and shall and will get in and receive, as soon as conveniently can be, all debts and sums of money owing to the said copartnership, and well and truly pay, or cause to be paid, unto the executors or administrators of the party so dying, his due share and proportion of such sum and sums of money as shall be then in hand (after deducting all sums of money owing from the said copartnership), and of the debts and sums then outstanding, as and when the same shall from time to time be gotten in and received. AND further, (add agreement as to dissolution of Expiration of copartnership. As to either party retaining gratuities, ante, p. 193. One party having the profits of certain branch of the business Special clauses. exclusively, ante, p. 194. As to incapacity of either party, ante, p. 195. Annuity to be paid to a partner on his retiring, ante, p. 198. (1) See other provisions in case of the death of either party, Death of ante, No. III. p. 58, et seq., p. 83, rider (A), for full forms, partner. and p. 100, et seq. for shorter forms, and pp. 137. 154. 195, n. (1), and p. 197. COPARTNERSHIP. Attornies. the copartnership, division of profits, &c. at the expiration of the term (1). AND that all papers, vouchers, and other documents in or relative to any cause or proceedings then carrying on or pending, and all drafts and copies of deeds and writings belonging or relative to the concerns of any client or clients of the said parties shall be (Add agreement as to papers, &c. being delivered up to the party who shall continue to be the attorney of the clients, or otherwise, as may be agreed). AND it is hereby further covenanted and agreed, that, &c. (further assurance) (2). AND LASTLY, that, &c. (Clause referring dif ferences to arbitration) (3). IN WITNESS, &c. Dissolution. Further assur ance. Reference of differences. Additional or varied clauses. (1) See ante, No. III. p. 57, n. (1), p. 66, et seq. p. 87, rider (B), p. 101, et seq. pp. 116. 119. 141. 157. 197; also post, No. XIII. (2) Add clause for amending the articles, if found defective, as ante, pp. 71. 103. 146. (3) See ante, p. 72 (full form), p. 104 (shorter forin), and p. 148. Many additional and varied clauses and provisions, equally applicable to the profession of an attorney and solicitor as to copartnerships in general, will be found by referring to No. III. (p. 13, et seq.) in the margins; see also the marginal notes to No. X. (p. 187). No. XII. A Continuance or Renewal of an expiring Copart nership (1). Variations where by separate Deed and where by In- COPARTNERSHIP. Renewal of expiring Copartnership. KNOW next en ALL MEN BY THESE PRESENTS, THAT WHEREAS the within-mentioned copartnership, between the within-named (copartners), will, by virtue of the within-written indenture, expire and determine on the day of suing the date of these presents. AND WHEREAS the said parties have agreed to renew and continue the said copartnership for a further term of years, to be computed from the said day of (2). Now THESE PRESENTS WIT- WITNESS, the (1) If copartners continue to carry on the business after the expiration of the term of their copartnership, they will be considered as carrying it on under the same provisions as those expressed in their original articles, Crawshay v. Collins, 15 Ves. jun. 227; but as there might be a difficulty in enforcing them, without their being renovated by some written agreement between the parties, it will be proper that this should be done either by an indorsement upon the copartnership deed (where the terms are nearly the same as before) or (where they greatly differ) by a distinct instrument, in which latter case make the deed by indenture, as in the case of an original copartnership, reciting the former articles as post, No. XIII. (2) If the copartnership have been already renewed, say, VOL. VII. P parties agree to renew the copartnership for a further term. Continuance of copartnership should be in writing. Former renew COPARTNERSHIP. Renewal of expiring NESS, that in pursuance of the said agreement, the said (copartners) do hereby for themselves, severally and respectively, and for their several Copartnership, and respective heirs, executors, and administrators, mutually and reciprocally covenant, promise, and agree with and to each other, and the executors and administrators of each other, in the manner following, (that is to say) that they the said (copartners) shall and will remain, continue, and be copartners and joint-dealers together in the trade or business of as within is men tioned, for the further term or period of day of next ensuing the date of these presents, and to be carried on by them with the same or like capital stock, and in the same or like shares and proportions as to profit and loss, and under and subject to the same or like terms, conditions, provisos, limitations, restrictions, and agreements in all respects as are within-declared, expressed, or mentioned, relative to or concerning the joint trade, by the within-written indenture, agreed to day of , ship between the within-named (copartners) would have ex- of day next, the said (copartners) have agreed to continue and again renew the said copartnership for a further years, to be computed from the said term of day of |