kept, and re

partnership

business.

by the said co-partners, and proper entries made count to be therein of all the sales, purchases, receipts, pay- main, with all ments, engagements, transactions, and property of documents, at the place of the said co-partnership; and the said books of account, and all securities, papers, and writings of the said co-partnership, shall be kept at the counting-house, in aforesaid, or in such other place where the business shall be carried on, and each of the said co-partners shall have free access at all times to examine and copy out the same.

and taken by the said co-partners of all the sales, purchases, receipts, payments, engagements, and transactions of the said co-partnership during the then preceding year, and of all the capital, property, engagements, and liabilities for the time being of the said co-partnership; and the said general account shall, immediately after the same shall be made and taken, be written into two books, and be signed in each such book by each of the said co-partners; and, after such signature, each of them shall keep one of the said books, and shall be bound by every such account, except that, if any manifest error be found therein by either of the said co-partners, and signified to the other of them within twelve calendar months after the same shall have been so signed by both of them, such error shall be rectified.

each year.

XIX. THAT the said A. B. and C. D. shall be Partners to

profits in

equal shares.

have the net entitled to the net profits arising from the said business, and remaining after the payments hereinbefore directed to be made thereout, in equal shares.

Partners may

every year

draw certain quarterly sums out of the net pro

fits, subject

XX. THAT in each year it shall be lawful for each of them the said A. B. and C. D. to take

out of the net profits of the said business, by equal

to a provision quarterly payments, on the

for refunding

at the end of

the year, in case of deficiency.

Provision, in

case one part

the partner

ship, for as-
certaining the
sum to be
paid to his
representa-

day of
day of

day of

the

the

day of

and the

parate use; but in case, at the end of any year, it shall appear, upon taking the general annual account, that the net profits of such year shall not have amounted to the sum of £— [the total amount of the quarterly allowances to both partners], in such case, immediately after such general annual account shall have been taken, each of them the said A. B. and C. D. shall repay to the said co-partnership the excess (if any) of the amount of the sums which he shall actually have received in respect of such quarterly payments over the sum which he shall have been entitled to receive as his share of the net profits of the said busi

ness.

XXI. THAT, if either of the said co-partners ner die during shall die during the said co-partnership, his executors and administrators shall, if such death shall happen before the day hereinbefore appointed for the first general annual account, be entitled to the capital brought in by such deceased partner; or, if the same shall happen after the day herein

tive,

before appointed for the first annual account, shall be entitled to such sum of money as the share of the deceased partner of the capital and property of the said co-partnership shall, upon the then last general annual account, amount to, or such share would have amounted to in case such account had been taken on the

as

day of

allowance in

fits;

time of pay

[the proper day for taking such account] immediateley preceding such death; and in either with a certain case the executors or administrators of the de- lieu of proceased partner shall also be entitled to an allowance, after the rate of £- per cent. per annum, upon the capital, or share of capital, and property (as the case may be) of such deceased partner, in lieu of profits, from the commencement of the said co-partnership, or from the then last general annual account, (as the case may be), to the time of such death; and the surviving and determining the partner, his executors or administrators, shall pay mode and such allowance in lieu of profits on demand, and ment, and the security to be shall, within next after the death of the de- given by the surviving ceased partner, execute and deliver to his exe- partner; cutors or administrators a bond in a penalty double the principal, conditioned for the payment of the said principal sum to which they shall become entitled as aforesaid, with interest thereon after the rate of £ per cent. per annum from such death, in manner following; (that is to say), one third part of such principal sum, with the interest on the same third part, at the end of six calendar months from the date of such bond; one other

and for the execution of

nities and re

leases.

third part, with interest thereon, at the end of twelve calendar months from the date of such bond; and the remaining third part, with interest thereon, at the end of eighteen calendar months from the date of such bond.

XXII. THAT the surviving partner, his execuproper indem-tors or administrators, shall also execute and deliver a bond in a sufficient penalty to the executors or administrators of the deceased partner, for indemnifying them, and the estate of the deceased partner, from the debts, engagements, and liabilities of the said co-partnership at or after such decease, and from all expenses on account of the same; and the executors or administrators of the deceased partner shall release and assign unto the surviving partner, his executors or administrators, all their share, right, title, and interest in the capital and property of the said co-partnership, and empower him and them, as much as in them lies, to recover and receive the same. IN WITNESS &c.

Production of Deeds.

L.

COVENANT to produce DEEDS.

the deed of

of even date;

THIS INDENTURE, made &c., BETWEEN A. B., Parties. of &c. [vendor], of the one part, and C. D., of &c. [purchaser], of the other part. WHEREAS, by an Recital of indenture bearing even date with, but executed conveyance before these presents, and expressed to be made between the said A. B., of the first part, the said C. D., of the second part, and E. F., of the third part, in pursuance of a contract for sale, and for the consideration therein mentioned, certain and hereditaments therein described have been limited to such uses, and upon and for such trusts and purposes, as the said C. D. shall, by any deed or deeds, appoint; and in default of, and until, and subject to such appointment, to the use of the said C. D., and his assigns, during his life, with remainder to the use of the said E. F., and his heirs, during the life of the said C. D., in trust for him and his assigns, with remainder to the use of the said C. D., his heirs and assigns. AND WHEREAS the several deeds, evidences, and writings specified in the schedule hereto relate as to other

of the

deeds relating

estates than

well to the hereditaments comprised in the said those sold.