partnership. [Cap. 10.] No. 70. assigns, at his and their own proper expence, Articles of Co- and in the usual form, upon being indemnified against rent and covenants reserved or contained in the said lease, and upon having one-half of the value of the good-will and benefit of the said trade or business paid or secured to him, the said A. B. or to his executors or administrators, by a bond or obligation of the said C. D. and one surety, (if required,) in the manner hereinbefore specified, with respect to the proportion of the stock, fixtures, and utensils, such value to be estimated and computed from the amount of profits arising from the said concern for the two preceding years, or if two years shall not then have elapsed, then for such period of time as may have actually elapsed; and that the like arrangements, assignment, and transfer, payment or security, as aforesaid, shall be made and take place, and be equally applicable, in case of the death of the said A. B. during the said partnership. And lastly, that if during this co-partnership, or after the end thereof, any variance or difference shall arise between the said parties, or their representatives, concerning the said joint trade, or any matters or things relating thereto, or concerning any covenant or thing in these presents, then and so often as the case may occur, the said parties, or their respective executors or administrators, shall, upon reasonable request, made by the other of them, or his executors or administrators, before the commencement of any action at law, or suit No. 70. in equity, cause to be elected three indifferent persons, one to be chosen by each party, or his Articles of Coexecutors or administrators, and the third, by the partnership. two so chosen, who may take such reasonable time for the investigation of the aforesaid matters, not exceeding calendar months, from the appointment of the last of the said two, as may be thought proper, the award of whom, or any two of whom, made in writing within the said space of calendar months, and ready to be delivered to the said parties, or such of them as may require it, shall be final and conclusive, and who shall have full power in case of misconduct, or breach of any of the covenants or stipulations herein contained, by either party, to the prejudice of the concern, to declare the said co-partnership dissolved and at an end, and thereupon the same shall cease and determine, and which award the said parties mutually agree to abide by; and they do hereby agree, that such submission and reference may or shall be made a rule of her Majesty's Court of Queen's Bench, or of any other of her Majesty's Courts of Record, at Westminster. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first before written. Signed, sealed, and delivered, (being first duly stamped) (A. B. (Seal.) No. 71. DECLARATION, IN AN ACTION BROUGHT TO Declaration in In the King's Bench. an Action to Recover Penalties. Abstract of the reference by Counsel. Saturday next after the morrow of the Lancashire, to wit. N. C. P. the plaintiff in this suit, complains Declaration, as of T. W. the defendant in this suit, being in it appeared in the margin of the custody of the Marshall of the Marshalsea the Brief, for of our Lord the now King, before the King himself, of a plea, that he render to the said plaintiff the sum of one thousand pounds of lawful money of Great Britain, which he owes to and unjustly detains from him. For that, whereas, the said defendant, not regarding the statute in such case made and provided, here2nd Nov. 18. tofore and after the first day of August, in the Defendant did, year of our Lord one thousand eight hundred in his own and one, and within the space of three calendar in expectation months next before the commencement of this of gain, fee, suit, to wit, on the second day of November, in Name, for and and reward, make, prepare, the year of our Lord one thousand eight hundred and draw up an and in the county of Instrument called a Ship L at L , did, in his own name, for and in cerning the and in order to its the being signed and sworn to by said one W. W. the said making, preparing, and matter, and ing and apper taining to the expectation of gain, fee, and reward, make, Protest, conprepare, and draw up a certain instrument or Spartan, document called a ship protest, touching concerning a certain ship or vessel called Spartan, for the purpose of and in order to the instrument or document being signed and to by one W. W. the said making, preparing, and drawing up, drawing up of the said instrument or document being an act, being then and there an act, matter, and thing, thing belongappertaining and belonging to the office, function, and practice of a public notary, without his, the office, function, said defendant's being at the time he so made, and practice of prepared, and drew up the said instrument or tary, without document, admitted and inrolled as a public the said Denotary, as is directed in and by the statute in at the time he such case made and provided, contrary to form of the statute in such case made provided, whereby, and by force of the statute, he, the said defendant, forfeited for his said offence the sum of fifty pounds, and thereby and by force of the said statute an action hath directed in and accrued to the said plaintiff to demand and have by the Statute of and from the said defendant the said sum of fifty pounds so forfeited as aforesaid, parcel of the vided. said sum of money above demanded. a Public No fendant being, the so made, pre pared, and and drew up the said said Instru ment, admitted and inrolled as a Public Notary, as is in such case made and pro AND the said plaintiff further says, that the 2nd. said defendant not regarding the statute in such case made and provided, heretofore and after the said first day of August, in the year of our Lord one thousand eight hundred and one, and within three calendar months next before the commence J. D. the said J. D. then and ment of this suit, to wit, on the said second day of November, in the year of our Lord one thousand eight hundred and , at L aforesaid, In the Name of in the county aforesaid, did, in the name of one J. D. the said J. D. then and there being a there being a public notary, for and in expectation of gain, fee, Public Notary, and reward, to him, the said defendant, make, as 1st. Spartan. prepare, and draw up a certain other instrument or document called a ship protest, touching and concerning the said ship or vessel called the Spartan, for the purpose of, and in order to the said last-mentioned instrument or document being signed and sworn to by the said W. W. the said making, preparing, and drawing up of the said last-mentioned instrument or document being then and there an act, matter, and thing appertaining and belonging to the office, function, and practice of a public notary, without his, the said defendant's being at the time when he so made, prepared, and drew up the said lastmentioned instrument or document, admitted and inrolled as a public notary, as is directed in and by the statute in such case made and provided, contrary to the form of the statute in such case made and provided, whereby, and by force of the said statute, the said defendant forfeited for his said last-mentioned offence the further sum of fifty pounds, and thereby and by force of the said statute an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said last-mentioned sum of fifty |