that is to fay, in buying, felling, vending, exchanging, printing and uttering of all forts of books and other things incident and belonging to the trade of a bookfeller; and alfo in the management and doing of all fuch other bufinefs, as they fhall think fit and mutually agree and confent to trade in, for and during, and until the full end and term of seven years, from thenceforth next enfuing, and fully to be complete and ended, if they thall both fo long live. And for the carrying on of the said joint trade, each of the faid parties to thefe prelents doth covenant, promife, grant and agree, to and with the other of them, that they will each of them bring in feverally into the faid joint trade and stock, in money' and goods, to be used in the said trade, on or before the said next enfuing the date hereof, the full fum or value of

day of of lawful money of to be used and employed in the faid joint trade, upon the faid joint account. And it is herein and hereby alfo mutually covenanted and agreed, by and between the faid parties to these presents, that the faid trade of a bookfeiler shall be car. ried on and managed at the fhop and warehouse at the

fituate in

or

at any other place they the faid parties to thefe prefents fhall agree upon for the purpofe. And for the orderly proceeding in and carrying on of the faid intended trade or bufinefs, it is mutually covenanted, concluded and agreed upon, by and between the faid parties to thefe prefents, and each of them doth for himself refpectively covenant, promife, grant and agree, to and with the other of them, his executors and administrators, by these presents, in manner and form following, that is to fay; that they the faid A. B. and C. D. fhall be juft and faithful to each other, in all their buyings, fellings accounts, reckonings, difbursements and dealings concerning the faid copartnership, and shall each of them endeavor by ail just care and diligence to advance and promote the faid joint trade and ftock, without fraud or deceit, and give their attendance upon the faid trade: And alfo that the faid A. B. his executors or administrators, shall have the full intereft, right or property of, in and unto one moiety or half part of the faid joint stock of books, copies, and other things belonging to the faid copartnership, and alfo of, in and unto all the gains, profits and increase which fhall arife, happen, accrue or be made thereby or by the ordering or employing of the fame, or by any credit or bufinefs to be by them managed or done as copartners, and alfo fhall bear and pay one moiety of all loffes, colts, expences or damages, which fhall at any time happen, arife or come, or be expended or laid out, in, about or concerning the faid joint trade or copartnership aforefaid, in any wife whatfoever: And that the faid C. D. his executor. or administrators, fhall have the full intereft, &c. of, in and unto the other moiety or half part, &c. [Here go on exactly in the fame manner as in the foregoing claufe.] and each of them the faid A. B. and C. D. doth alío for himself, his executors and adminiftrators, covenant, promife, grant and agree, to and with the other of them, his executors and adminiftrators, that the faid joint stock and alfo the buyings, fellings, exchanging of books, dealings, gains, debts and credits which fhall grow, arife, happen or be made, of or by means of the faid joint trade, or any thing incident or belonging thereunto, fhall from time to time, during all the faid term of the faid copartnership, be dily entered and fairly written in fome convenient book or books, to be kept for that purpose, within the shop wherein the faid trade is to be driven or carried on, in fuch manner as men of the faid trade ufe or ought to do; of which faid books the faid patties to these presents, and either of them, their refpective executors or admini. ftrators, fhall freely at all times, as well during the continuance, as after the expiration of the copartnership aforefaid, have the fight and perufal, when and as often as it shall be defired, and shall have liberty to tranfcribe and copy out all

or any part thereof, without any let, hindrance or denial: And also that all bonds, bills, notes, fpecialties, and fecurities for money whatsoever, at any time to be made or taken for any matter or thing concerning the faid joint stock or trade, and alfo all other things to be fold, exchanged and delivered out of the faid joint ftock or trade, fhall be made and taken in the names of the faid A. B. and C. D. and for their joint and equal use and benefit; and alfo, that no more than a week shall be taken out of the faid joint ftock, by either of the faid parties to thefe prefents, until notice be given to the other of them; and that each of the faid parties (hall receive equally at the fame time out of the faid joint stock, and not the one more than the other of them, except only money to be, and which fhall be necefarily, laid out in the faid ftock and trade, for the fupport of the faid copartnership : And alfo, that all fum and fums of money to be taken out as aforefaid, either to be divided or used in trade, fhall from time to time be entered into the faid book or books, fo to be kept as aforefaid: And also that no apprentice or fervant fhall be taken during the continuance of the faid partnership, but by and with the joint confent of the faid parties to these prefents: And alfo, if any book or books, money, goods or other things in copartnership, shall be embezzled, purloined or fpoiled by the apprentice or apprentices, or other agent or fervant of the faid parties to thefe prefents, during the faid copartnership, then and in fuch cafes, the lofs and damage thereby happening fhall be equally borne and fuftained by the faid parties to thefe prefents: And also, that neither of the faid parties fhall at any time fell or deliver out upon truft, and without ready money, to any perfon whatfoever, any part of the faid joint trade and ftock, to above the value of unless upon notice given to the other party to these presents, and his confent thereunto firft had and obtained; neither hall either of them lend any money above the value of out of the faid joint stock, without fuch confent as aforesaid: but if goods of above value fhall be trufted, or money lent contrary hereunto, the fame fhall be fuftained or made good by him fo trufting or lending the fame, and not by the faid joint stock: And also, that neither of the parties to these prefents, fhall without the confent of the other of them, release or discharge any debt, duty, fum or fums of money, or other things, which shall be due, owing or be longing to the faid joint account, or any part thereof, or any fecurities given for the fame, but only fuch and fo much as fhall be actually received and brought into the faid joint ftock; nor fhall compound or agree to accept part for the whole of any debt, duty or fum of money, to them upon the account aforefaid jointly owing or payable, without the confent or approbation of the other of them there. unto [in writing] first had and obtained: And also, that neither of the faid parties to these prefents fhall at any time during the faid copartnership, and before a final partition be made between them, become bound or be bail or furety for, with or to any perfon or perfons whatfuever, either by bond, bill, judgment, ftatute, recognizance, promife, or otherwife, without the privity or confent of the other of them, thereunto [in writing] first had and obtained, and that there shall not be any new tranflation of any book or copy to the use of the faid joint stock, nor any printer, ftationer or bookbinder be employed in any thing relating to the faid joint ftock, without the confent of both the parties to thefe presents : And alfo, that the faid A. B. and C. D. hall and will, once in every year, during the faid copartnership, on the or within twenty days after, or oftner, at the request of either of them to that purpose, join with the other of them, and perform and do whatever to him belongeth, or in him lieth, for the making up and paffing of a new, plain and perfect account and reckoning between them, of and concerning all their buyings, fellings, exchanges, printing, trading and deal

ings

ings for, upon or by reafon of the faid joint trade, and relating to the faid copartnership, and of all and every fuch stock, ready money and things as concern or hall be employed in or about the fame; and of the gains, profits and increase thereof, and alfo of the charges, damages and expences happening, or accruing thereby; and likewife, of all debts owing or payable by the faid parties for, up. on or in refpect of the faid joint trade and dealing; to the intent, that it may appear how and in what ftate and condition they ftand, in reference to the faid copartnership and joint ftock; and upon the finishing and perfecting every fuch account, the fame fhall be fairly written into two feveral books for that purpose to be provided, both of which faid books fhall be fubfcribed by both the faid A. B. and C. D. and one of them so subscribed shall remain with the said A. B. and the other of them with the faid C. D. which faid accounts fo paffed and fub. fcribed shall not be called into question, or be in any wife controverted, unless fome manifeft error or mistake fhall plainly appear to have therein efcaped their notice, and that the fame error fhall be difcovered in the life time of both the faid parties, and not otherwife. Provided always nevertheless, and it is exprefsly covenanted, concluded and agreed by and between the faid parties to these pre. fents, and the true intent and meaning of the faid parties hereunto is hereby declared to be, that if either of the faid parties fhall die, during the continuance of of the faid copartnership, yet nevertheless no benefit of furvivorship fhall accrue unto, or be had or taken by the furvivor of them, in any wife whatfoever; any law, ufage or custom, or any thing herein before contained, to the contrary thereof notwithftanding. But the one moiety of the ready money, stock and effects of the faid copartnership, and the proceeds thereof, fhall come and be to the executors or adminiftrators of fuch dying perfon, or fuch other perfon or perfons as he shall otherwife difpofe thereof to, and the other moiety thereof to the furvivor. And it is further covenanted, granted, concluded and agreed upon, by and between the faid parties to these prefents, that if any debts fhall be owing by the copart. ners upon the faid joint accounts, fuch furviving partner fhall, out of the ready money, or if there be not ready money, then as foon as money fhall come in and become due, fatisfy and pay the fame: And after all the debts fhall be paid, then fuch furvivor fhall forthwith pay fo much money, as the part, fhare, or dividend of the goods of fuch deceafed partner fhall amount unto, upon a valuation to be made of the flock, by two indifferent men of the faid trade: the one to be chofen by the furvivor, and the other by the perfon who fhall have a right to the deccafed's fhare, and fhall alfo account for and pay one moiety of all the debts due to the co-partnership, which he fhall receive (he being firft allowed his charges and expences in and about the getting in thereof;) And it is hereby further covenanted and agreed, by and between the faid parties to thefe prefents, that within one month next after the end or determination of the faid co-partnership, if both the faid parties fhall be living, a final account, partition and divifion fhall be made and paffed by and between the faid co-partners, for and concerning all fuch goods, monies and things, which shall be then due, owing and belonging unto the faid joint ftock and trade, or to the faid parties to these prefents, in refpect thereof; and alfo of and for all fuch debts, dues or funs of money as by reafon of the faid joint trade fhall be contracted, and be by them owing to any perfon or perfons; and likewife of and for all the gains and increafe damages and loffes happening or accruing by, through, or in respect of the faid joint trade or co-partnership, fo that the ftate thereof may appear, and how much thereof shall belong to each party; and then after all debts and fums of money owing on the account, or by virtue of the faid copartnership, fhall be

difcharged

S

:

who are

difcharged and paid (and not before) the faid A. B. his executors, administrators or afligns, fhall have and take to his and their own proper use and uses, one moiety (the whole into two equal parts to be divided) of all the money, goods and things then in flock between them; and the faid C. D. his executors, adminiftrators or alligns, fhall likewife then have and take to his and their own proper ufe or uses, the other moity of the money and the goods and things then in ftock between them and it is further covenanted and agreed, that in cafe, at the end of the faid copartnership, the money and stock shall not be fuf. ficient to clear and difcharge all the debts owing upon the account of the faid copartnership, that then each of the faid parties to thefe prefents, his executors or adminiftrators, fhall pay one moiety thereof: And the faid A. B. doth hereby covenant, grant and agree, to and with the faid C. D. his executors, admin. iftrators and affigns, that he the faid A. B. his executors or administrators, shall and will well and truly pay or caufe to be paid one moiety thereof, and fave and keep harmless the faid C. D. his executors and adminiftrators, of and from the fame and the faid C. D. doth hereby covenant, promife, grant and agree, to and with the faid A. B. his executors and adminiftrators, that he the faid C. D. his executors or administrators, fhall and will pay, or caufe to be paid the other moiety thereof, and also fave and keep harmles the faid A. B. his executors and adminiftrators, of and from the fame: and it is further agreed, that the copies or books of either of the faid parties to these presents, which fhall be printed during the continuance of the faid co-partnership, fhall be for the benefit of the faid joint ftock, and be brought thereinto; and in cafe the faid parties to these prefents fhall not agree to the number of what fhall be printed, or the prices to be fold at, or to any other matter relating thereunto, that then the fame fhall be determined by E. F. and G. H. gentlemen and ftationers of hereby authorised to determine the fame, and their determination is hereby agreed to be conclufive to the faid parties to these presents, and each of them fhall be compelled to perform the fame by a rule of court of pursuant to the ftatute in that cafe made and provided: And loftly, it is cove. nanted, and agreed by and between the faid parties to thefe prefents, in manner aforefaid, that if any doubt, question or controverfy fhall arife between the said parties, for, about or concerning this prefent indenture of co-partnership, or any claufe, provifo or agreement herein comprifed or contained, or any defect or want of explanation, or any matter or thing relating to this co-partnership, then and as often as any fuch doubt, controverfy or difference fhall arife or hap. pen, the fame fhall be referred to the determination of the faid E. F. and G. H. (if they fhall be then living :) And in cafe of the death of either of them, then 10 two indifferent perfons to be nominated and chofen from time to time by the faid parties to thefe prefents, within ten days after fuch controverfy fhall arife or happen (each of the faid parties to choose one) or elfe by an umpire, to be nominated by the perfon fo chofen, in cafe the faid perfons cannot agree and compofe the fame; and that each of the faid parties to thefe prefents, and their refpective executors and administrators, shall stand to, abide, perform and keep fuch order and determination therein, as the faid E. F. and G. H. or the faid indifferent perfons to be chofen as aforefaid, or the faid umpire fo to be chosen as aforesaid, fhall make and give up; fo as fuch order, judgment and determination of the faid E. F. and G. H. or of two fuch indifferent perfons, or umpire as aforefaid, of or concerning the premises, be from time to time made and fet down in writing, under the hands and feals of the faid E. F. and G. H. or of the faid two indifferent perfons, or of the faid umpire, within ten days next after

at

fuch

fuch doubt, question or controverfy fhall be referred to them or him as aforefaid, which faid determination is hereby agreed to be conclufive to the faid parties to thefe prefents, and each of them fhall be compelled to perform the fame by rule pursuant to the faid ftatute in that cafe made.

of court of

In witness, &c.

THIS

of

at

A Charter Party of Affignment.

HIS Charter Party, indented, made, concluded and agreed upon, the
day of
in the year of our Lord

mafter and owner of the fhip or vessel called
of the one part, and C. D. of

between A. B. of of the burthen

of the other part, witneffeth, that the faid A. B. for the confideration herein after mentioned, hath gran ted and to freight letten, and by these presents doth grant and to freight let, unto the faid C. D. his executors, adminiftrators and affigns, the whole tonnage of the hold, ftem, sheets, and half deck of the faid fhip or reffel, from the port of to the port of in a voyage to be made with the faid hip in the manner following (that is to fay) the faid A. B. is to fail with the firft fair wind and weather that fhall happen, next after the

and

or before the

and

day of

day of next, from the faid port of with the goods and merchandizes of the faid C. D. his factors or affigns, on board to aforefaid, there to be delivered and discharged of her faid cargo, within fifteen days next after her arrival to the end of the faid voyage: In confideration whereof, the faid C. D. for himself, his heirs, executors and adminiftrators, doth covenant, promise and agree, to and with the faid A. B. his executors, adminiftrators and affigns, and every of them by these presents, that he the faid C. D. his executors, adminiftrators, factors or affigns, fhall and will well and truly pay, or cause to be paid, unto the faid A. B. his executors, adminiftrators and affigns, for the freight of the faid fhip or goods, the fum of [Or thus, 20 dolls. a ton, for loading or unloading and taking in goods at ports] within one and twenty days after the faid hip's arrival, and goods difcharged at aforefaid, for the end of the voy. age; and alfo fhall and will pay for demurrage, if any shall be by the default of him the faid C. D. his factors or affigns, the fum of two dollars a day, daily every day, as the fame fhall grow due; and the said A. B. for himself, his heirs, executors and adminiftrators, doth covenant, promife, grant and agree, to and with the faid C. D. his executors, adminiftrators and affigns, and every of them, by thefe prefents, that the faid fhip or veffel fhall be ready at the faid key, to take in goods, by the faid day of next coming; and within ten days after the faid fhip shall be ready at the faid key as aforefaid, the faid C. D. doth grant, promife and agree to have his goods ready & put on board the faid fhip, in order that she may proceed on her faid voyge. And the faid A. B. doth alfo covenant, promife, grant and agree to and with the faid C. D. his executors, adminiftrators and affigns, that the faid fhip or veffel now is, and at all times during the faid voyage fhall be, to the best endeavor of the faid A. B. his executors and adminiftrators, at his & their own proper cofts and charges, in all things made and kept stiff, ftaunch and ftrong, and well furnished and provided as well with men and mariners fufficient and able to fail, guide, and govern the faid fhip, as with all manner of rigging, boats, tackle, apparel, furniture, provifion and appurtenances fitting aud neceffary for the faid men and mariners, and for the faid fhip, during the voyage aforefaid. In wit. ness, &c.

port of

at

A