« AnteriorContinuar »
ampany;" and it shall continue for the term of
years from the above date, except in case of the death of either of the said parties within the said term.
Second. The said A. B. and C. D. are the proprietors of the stock, a schedule of which is contained in their stock book, in the proportion of two thirds to the said A. B., and of one third to the said C. D.; and the said parties shall continue to be owners of their joint stock in the same proportions; and in case of any addition being made to the same by mutual consent, the said A. B. shall advance two thirds, and the said C. D. one third of the cost thereof.
Third. All profits which may accrue to the said partnership shall be divided, and all losses happening to the said firm, whether from bad debts, depreciation of goods, or any other cause or acci. dent, and all expenses of the business, shall be borne by the said parties, in the aforesaid proportions of their interest in the said stock.
Fourth. The said C. D. shall devote and give all his time and attention to the business of the said firm as a salesman, and generally to the care and superintendence of the store ; and the said A B. shall devote so much of his time as may be requisite, in advise ing, overseeing, and directing the importation of books and other articles necessary to the said business.
Fifth. All the purchases, sales, transactions, and accounts of the said firm shall be kept in regular books, which shall be always open to the inspection of both parties and their legal representar tíves respectively. An account of stock shall be taken, and an account between the said parties shall be settled, as often as once in every year, and as much oftener as either partner may desire and in writing request.
Sixth Noither of the said parties shall subscribe any bond, sign or endorse any note of hand, accept, sign, or endorse any draft or bill of oxchange, or assume any other liability, verbal or written, either in his own name or in the name of the firm, for the accommodation of any other person or persons whatsoever, without the consent in writing of the other party; nor shall either party lend any of the funds of the copartnership without such consent of the other partner:
Seventh. No importation, or large purchase of books or other things, shall be made, nor any transaction out of the usual courso of the retail business shall be undertaken by either of the partners, without previous consultation with, and the approbation of, tha other partner:
Eighth. Neither pa ty shall withdraw from the joint stock, ad any time, more than his share of the profits of the business thop carned, nor shall either party be entitled to interest on his ebare of the capital ; out if, at the expiration of the year, a balanco of profits be found due to either partner, bo shall bo at liberty to
withdraw the said balance, or to leave it in the business, provided the other partner consent thereto, and in that case be shall be allowed interest on the said balance.
Ninth. At the expiration of the aforesaid term, or earlier dig. solution of this copartnership, if the said parties or their legal representatives cannot agree in the division of the stock then on hand, the whole copartnership effects, except the debts due to the firm, shall be sold at public auction, at which both parties shall be et liberty to bid and purchase like other individuals, and the proceeds shall be divided, after payment of the detts of the firm, ir the proportions aforesaid.
Tenth. For the purpose of securing the performance of the foregoing agreements, it is agreed that either party, in case of any violation of them or either of them by the other, shall have the right to dissolve this copartnership forth with, on his becoming in formed of such violation.
In witness, &c., (as in General Form.]
Agreement to continue the Partnership; to be endorsed on
the Back of the Original Articles. WHEREAS the, partnership evidenced by the within-written ar ticles has this day expired by the limitations contained herein, (of will expire on the
-next,] it is hereby agreed, that the same shall be continued on the same terms, and with all the provisions and restrictions herein contained, for the further term of years from this date, (or from the
day of next.) In witness, &c., [as in General Form.)
Agreement for the Sale and Delivery of Personal Property This AGREEMENT, made this
-, one thousand eight hundred and sixty, between - of the city of of tho first part, and of the said city, of the second part
WITNESSETH, that the said in consideration of the covenants on the part of the said ,doth covenant to and with the Buid that he will deliver to the said
at his storehouse in aforesaid one thousand bushels of wheat, of good iner. chantable quality, on or before the
Doxt. And the said
in consideration of the covenants ou tho part of the said
doth covenant and agree to ang with the said that he will pay to the said at the rate of one dollar for each bushel of wheat so delivered, immediately op the completion of the delivery thereof.
In witu ?s3, &, las in General Form)
FORMS OF CONVEYANCES. A DEED is an instrument in writing between parties legally able to contract, and duly signe, sealed and delivered. Deeds may be written on parchment or paper. Every iustrument with a seal attached to it is a deed; but the word deed is generally applied in court only to conveyances of land.
In the State of New-York one witness to the execution of a deed is sufficient. Should there be no witness, it is necessary to bavo the deed acknowledged by a Commissioner of Deeds. In Vermonty New Hampshire, Rhode Island, Connecticut, Ohio, Pennsylvania, Georgia, Illinois and Indiar a, two witnesses are required. In South Carolina, Delaware and Tennessee, two witnesses are only required when the deed is to be proven by witnesses. In the other States no witnesses are necessary.
To render a person legally able to convey property to another by deed the following are necessary, viz :—1st, he or she must be a citizen; 2dly, of a sane mind; 3dly, he or she must be rightfully possessed of the property; 4thly, of age.
A deed takes effect from its delivery to the party to whom it is made or to his authorized agent. A promise to deliver a deed, if accompanied by any act or writing to that import, constitutes a delivery. Or it may be formally delivered, but yet be retained by the maker until certain conditions are performed; and it takes full effect upon the performance of such conditions.
A seal of wax or wafer should always be attached to each sig. Dature to a deed. In some of the Southern and Eastern States a circle or scroll with the pen is allowed in the place of a seal; but It is not always safe, and has sometimes led to litigation that might have been avoided if a water or sealing was had been used
It is not safe to depart from the established forms of deeds. I law a deed consists of the following—let, the names of the parties making it and to whom it is made; 2dly, the consideration (that is the amount of money) for which the land was sold; 3dly, the description of the property conveyed; 4thly, the quantity of in. terest in the property conveyed; and 5thly, the conditions, rcsor. rations, and covenants (if any) on which it is conveyed.
A married man cannot convey away any part of his real estate without the consent of his wife; and if it shall be subsequently
proven that her consent was wrung or extorted from her through threats, or violence of any kind soever, her interest in the same can be recovered. Hence, it is necessary for her to acknowledge before a Commissioner of Deeds, who shall put the same in writing on the deed, and with his own name as a witness, that she signed the same of her own free will and without fear or coercion of any kind.
Deeds should be recorded without delay in the County Clerk's office of the county in which the property is situate. Neglect of this important step has often led to expensive law suits that might by proper attention to it in the beginning have been avoided.
Deed Without Covenants. This indenture, made the day of —, in the year of our Lord, one thousand between A. B., of, &c., of the fir part, and C. D., of, &c., of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of fifty dollars, to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged hath bargained and old, and by these presents doth bargain and sell, unto the said party of the second part, and to his heirs and assigns for ever, all, &c. (Here describe the property.] Together with all and singular, the her ditaments and appurtenances thereunto belonging, or in Bnywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the ostate, right, title, interest, claim, or demand, whatsoever of him, the said party of the first part, either in law or equity, of, in, and to, the above bargained premises, and every part and parcel thereof. to have and to hold to the said party, of the second part, his boirs, and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns, for ever.
In witness whereof, we have hereunto set our hands and seals, the day and year first above written. Realed and delivered in presence of
A B. (L.8.
C. D. 1.8.
Quit-Claim Deed. Know all men by these presents, that we, A. B., of, &c., and C., the wife of the said A., in consideration of the sum of - to us in band paid, ty D. E., of, &c., the receipt whereof we do hereby
acknowledge, have bargainod, sold, and quit-claimed, and by those presents do bargain, self
, and quit-claim, unto the said D. E., anj to his heirs and assigns for ever, all our, and each of our right, title, interest, estate, claim, and demand, both at law and in equity, and as well in possession as in expectancy of, in, and to all that certain farm, or piece of land, situate, &c., [describing it,) with all and sin gular, the hereditaments and appurtenances thereunto belonging.
In witness &c. (as in General Form of Agreement.]
Deed with Covenants against the Grantor Only. This indenture, made this, &c., between A. B.,
of the one part, and C. D., of — of the other part, witnesseth: That the said A. B., in consideration of to him in hand paid, by the said C. D., the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, released and confirmed, and by these presents doth grant, bargain, sell, release, and confirm unto the i C. D., and his heirs and assigns for ever, all — ; together all and singular, the hereditaments and appurtenances whatsoever, to the same belonging or appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and every part and parcel thereof; and also all the estate, right, title, interest, trust, property, claim, and demand whatsoever, both at law and in equity, of the said A. B., in, to, or out of the said lands, tenements, hereditaments, and premises: to have and to hold the said lands, tenements, and hereditaments, and all and singular other the premises hereinbefore mentioned, with their appurtenancos, unto the said C. D., his heirs and assigns, and to his and their only proper use and behoof.
And the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said C D., his heirs, executors, administrators, and assigns, in manner and form following, that is to say: that the said C. D., his heirs and assigns, sball, and may peaceably and quietly have, hold, and enjoy the said 'lands, tenements, hereditaments, and premises, and every part and parcel thereof, without the let, suit, trouble, eviction, or disturbance of tho said A. B., his heirs or assigns, or of or by any other person or persons lawfully claiming, or to claim from, by, or under, of in trust for him, them, or any of them.
And that the said lands, tenements, hereditaments, and premises, end every part and parcel thereof, now are, and from henceforth ehall continue, remain, and be unto the said C. D., his heirs and assigns, free and clear, and freely and clearly acquitted, exonerated and discharged of, from, and against all former and other gift, grants, bargains, sales, mortgages, estates, tities, troubles, charges and encumbrances whatsoever, liad, made, done, committed, occa rioned, or suffered, by tho said A. B., or by any person lawfully