who shall be so first nominated by the said parties either previous to or after their entering upon the consideration of the matters in question; the award of which said three persons so to be named, or any two of them, shall be finally conclusive and binding to the parties between whom such matters in question shall arise; which reference shall be so submitted to by reciprocal bonds in a sufficient penalty, and under a proper condition, to well and truly stand to, abide, perform, fulfil, and keep the order, arbitrament, final determination, and award of snch persons so to be indifferently chosen and named as aforesaid, or of any two of them, so as the said arbitrators so to be chosen and named as aforesaid, or any two of them, do make their award under their hands and seals and ready to be delivered to the parties submitting thereto, or such of them as shall require the same within one calendar month next after the day of the date of such bond, and to make void the same as usual in such bonds, and which bonds shall be executed and delivered interchangeable by and between such parties and persons between whom such matters in question shall arise, within twenty days after such matters in question shall happen to arise, or after request shall be made by any of the parties so interested, in writing, under his or their hand or hands, on pain to the party or persons refusing of forfeiting and paying all costs, damages, and expenses which shall or may happen to arise or be occasioned by reason of such refusal, and of all suits that shall be brought or commenced by such party or person refusing, or in consequence of such refusal to the party or parties aggrieved, and that such reference and submissions respectively shall be in pursuance of the statute in that case made and provided, be made an order of his Majesty's Court of King's Bench or Common Pleas at Westminster. IN WITNESS, &c.

A CONTINUANCE OF ARTICLES OF COPARTNERSHIP FOR A FURTHER TERM BY INDORSEMENT.

day of

To all to whom these presents shall come, the withinnamed (copartners) send greeting: WHEREAS the said parties have agreed to renew and continue the within-mentioned copartnership, which will expire and end on the day of for a further term of years, to commence and be computed from the said NOW THESE PRESENTS WITNESS, that in pursuance of the said agreement the said (copartners) do hereby for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, mutually covenant, promise, declare, and agree, to and with 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 traders or dealers in the trade or business of as within-men

tioned, for the further term, space, or period of years, to commence and be computed from the day of now next ensuing; and that the same shall 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 stipulations, terms, conditions, provisions, limitations, restrictions, covenants, and agreements as are respectively expressed, declared, or mentioned in the within-written indenture, of and concerning the joint trade agreed to be carried on in copartnership, in and by the same within-written indenture, any thing therein contained, or to be implied, to the contrary thereof in any wise notwithstanding: it being the true intent and meaning of the said parties, and of these presents, that this present renewed copartnership for the said additional term of years shall be upon such and the like footing, and all the covenants, clauses, or conditions in the within-written indenture contained be equally available, take place, and have the like force and effect to all intents and purposes whatsoever, as if every article, clause, matter, and thing in the said within-written indenture or deed of copartnership, were word for word repeated and again inserted in these presents. IN WITNESS, &c.

FORM OF THE OPERATIVE PARTS OF A DEED OF DIS* SOLUTION OF COPARTNERSHIP.

THIS INDENTURE, &c. [after all proper recitals, proceed]NOW THIS INDENTURE WITNESSETH, that the said (copartners,) with the mutual assent and consent of each other, HAVE determined, vacated, and dissolved, AND by these presents Do determine, vacate, and dissolve the said copartnership and joint trade heretofore carried on between them; and also the said in part recited indenture or deed of copartnership, and every clause, article, matter, and thing therein contained; and do hereby severally declare, that the same shall henceforth cease, determine, and be null and void to all intents and purposes whatsoever, as if the said copartnership had never been entered into, and the same indenture had never been made and executed. AND THIS INDENTURE FUR

*This deed was prepared and settled by Sir Wm. BLACKSTONE while he was at the Bar.

THER WITNESSETH, that in pursuance and performance of the hereinbefore recited agreement, and for carrying the same into execution, and also for and in consideration of the sum of 5s. of lawful money of Great Britain to the said (retiring partner,) in hand well and truly paid by the said (other partner,) at or immediately before the sealing and delivering of these presents, the receipt whereof is hereby acknowledged, HE the said (retiring partner) HATH granted, bargained, sold, released, assigned, transferred, and set over, AND by these presents DOTH grant, bargain, sell, release, assign, transfer, and set over unto the said (other partner,) his executors, administrators, and assigns, ALL that the moiety, part, proportion, share, and interest of him the said (retiring partner,) of and in ALL the stock in trade, leasehold estate and interest, wares, merchandizes, ready money, debts outstanding, goods, chattels, utensils, and effects belonging to the said joint trade and copartnership, or to them the said (retiring_party) and (other party), or either of them in respect thereof, and all the estate, right, title, and interest, property, possession, benefit, claim and demand whatsoever, both at law and in equity, of him the said (retiring partner,) of, in, to, or out of the said copartnership estate and premises, or any part thereof, together with all and singular the books of account, and all papers, evidences, writings, vouchers, and other documents relating to the said joint trade, TO HAVE, hold, perceive, receive, take, and enjoy the said estate and premises mentioned to be hereby assigned or released, with all and every of the appurtenances, unto the said (other partner,) his executors, administrators, and assigns from henceforth for ever, UPON TRUST, nevertheless, and to the end, intent, and purpose, that he the said (other partner,) his executors or administrators, do and shall with all convenient speed, sell and dispose of the said copartnership estate, stock in trade, and effects, for the most money and best price that can be got for the same, and use his and their best means and endeavours to get in, collect, and receive all and singular the debt and debts, sum and sums of money, due and owing to the said in partnership or otherwise; and do and shall and will pay and dispose of the net and clear monies arising thereby, after deducting the necessary expenses attendant on or incident to the recovering and receiving the same, and executing the trust aforesaid: in the first place, in discharging the sum of £ jointly owing by

and

the said (first partner) and (second partner) on their copartnership bond unto the said as hereinbefore mentioned, and all other the debts owing in partnership by the

said (first partner) and (second partner) unto any other person or persons whomsoever; and after full payment and satisfaction thereof, do and shall divide the clear surplus and residue thereof into two equal parts or shares; and after retaining and keeping to himself the said (second partner) one full moiety or equal half part thereof to and for his own proper use and benefit, do and shall stand and be possessed of the other moiety or equal half part thereof, IN TRUST, to pay, apply, and dispose of the same for or towards payment. and satisfaction of the principal money and interest due and to become due on the bond so separately entered into by the said (first partner) to the said as aforesaid; and after

full payment thereof do and shall stand and be possessed of the surplus or residue of such last-mentioned moiety IN TRUST for the said (other partner,) his executors, administrators, or assigns. AND the said (first partner) for himself, his heirs, executors, and administrators, doth covenant, promise, and agree, to and with the said (assigning partner,) his executors and administrators, by these presents, in manner and form following: that is to say; that he the (first partner,) his executors or administrators, shall and will from time to time, and at all times hereafter, faithfully, and well and truly perform and execute all and every the trusts aforesaid, according to the best of his skill and abilities in respect thereof; and also shall and will from time to time, and at all times hereafter, upon every reasonable request of the said (assigning partner), his executors, administrators, or assigns, give and render unto him, a just, true, and faithful account of all and every such sum and sums of money or other proceeds that shall or may have been then raised, obtained, or received by the said (first partner,) his executors or administrators, out of, or in respect of the said copartnership estate and effects; and shall and will pay, apply, and dispose of all such monies and other proceeds which shall be so received, when and as often as the same shall amount to the sum of £ — or upwards, to, for, and upon the several trusts, intents and purposes hereinbefore expressed and mentioned, of and concerning the proceeds of the said copartnership estate and effects, and according to the true intent and meaning of these presents. AND FURTHER, that he the said (first partner,) his executors or administrators, shall and will permit and suffer the said (assigning partner,) his executors, administrators, and assigns, to have at all convenient times in the daytime during the continuance of the said trusts, and before all accounts in respect thereof shall have been wholly settled, and adjusted,

the inspection, sight, examination, and perusal of all and every the books of account, letters, papers, documents, vouchers, and other writings, in any wise relating to the said joint trade and copartnership, or to the outstanding estate, debts, monies, and effects belonging thereto, with full and free liberty, licence, power, and authority, to transcribe and copy out the same, or any part or parts thereof, at his, their, or any of their free will and pleasure. And, in order the better to enable the said (first partner,) his executors and administrators to receive, &c. [Here there was inserted a power of attorney from the retiring partner to the other, to enable him to get in the copartnership estate and effects, as in page 128 supra.] And the said (retiring partner,) for himself, his heirs, executors, and administrators, doth covenant, promise, and agree to and with the said (first partner,) his executors and administrators, by these presents, that he the said (retiring partner) shall and will from time to time, and at all times hereafter, at the request of the said (other partner,) but at the costs, charges, and expense of the estate of the said late and hereby dissolved copartnership, make, do, and execute, and also concur and join in the mutually doing, executing, and performing all and every such further, and other lawful and reasonable acts, deeds, agreements, conveyances, and assurances as shall be requisite and proper for enabling the said (other partner,) his executors or administrators, to recover, receive, and get in the said copartnership estate, debts, and effects, and also to sell, assign, and dispose of such part and parts of the said copartnership estate and effects as is or are of a saleable nature, unto any purchaser or purchasers thereof, upon the trusts and for the purposes aforesaid, as by the said (other partner,) his executors or administrators, or his or their counsel, learned in the law, shall in that behalf, and for such purpose be reasonably devised or advised and required. AND also that he the said (retiring partner) shall not, nor will at any time hereafter, revoke, annul, or make void the power of attorney, hereinbefore contained, nor receive, release, or discharge any part or parts of the said copartnership estate, debts, or effects, or in any wise howsoever incumber the same, or any part or parts thereof, nor disavow or become nonsuit in any action or suit which shall be commenced, sued, or prosecuted for the recovery thereof. IN WITNESS, &c.

DECLARATION OF TRUST AND DISCLAIMER.] This is a deed under the hand and seal of one who has at the in