ners to choose one) to be by the fame two Perfons fo indifferently chofen, heard and determined; or else by an Umpire, to be nominated and appointed by the faid two indifferent Perfons, in Cafe they cannot agree and compofe the fame: And that each and either of them the faid Copartners, and his and their respective Executors and Administrators, fhall and will ftand to, abide, perform and keep fuch Order and Determination therein, as the faid indiffe rent Perfons, or the faid Umpire, fo to be chofen as aforefaid, fhall make and give up between them the faid Parties Referrees, fo as the Order, Judgment and Determination of the faid, &c. be delivered in, in Writing under Hand and Seal, within ten Days after the Controverfy happening. In Witness, &c.

A Deed of Separation of Copartners.

His Indenture made, &c. Between A. B. of c. of the one Part, and C. D. of, &c. of the other Part. Whereas the faid Parties to these Presents have been for fome Years past Copartners together in the Trade of, &c. and by reafon of the faid Joint-Trade and Dealing, divers Debts, &c. have become due and owing unto the faid A. B. and C. D. And alfo the faid A. B. and C. D. are indebted and ftand engaged for divers Sums of Money. And whereas the faid Parties have agreed to put an End to the faid Joint-Trade and Copartnership, and he the faid A.B. is contented and hath agreed for the Confideration hereafter mentioned, to affign unto the faid C. D. all the Debts and Sums of Money which are due and owing to them the faid A. B. and C. D. jointly. And the faid C. D. hath likewife

Cc

and pay

likewife agreed and undertaken to discharge all Debts and Sums of Money which they the faid A. B. and C. D. do jointly owe to any Perfon or Perfons, for or by Reason of their faid Joint-Trade and Copartnership. And alfo it is agreed that the faid A. B. fhall have and enjoy, &c. And the faid C. D. fhall have, &c. Now this Indenture witneffeth, that the faid A. B. for the further Confiderations hereafter in these Prefents mentioned, doth grant, affign, and set over unto the faid C. D. his Executors, Adminiftrators and Affigns, All and fingular fuch Debts and Sums of Money as are owing to him the faid A.B. either severally or jointly with the faid C. D. concerning the Joint-Trade aforesaid, and all his Right, Title, Intereft, Property, Claim and Demand what foever, in and to the faid Debts, or any of them. And alfo all and fingular Bills, Bonds, Specialties and Writings whatfoever, for and concerning the faid Debts and the late Copartnership between them: All which faid Debts are mentioned and expreffed in a Schedule hereto annexed. To have, bold and enjoy all and every the faid Debts, Specialties and Writings unto the faid C. D. his Executors, &c. to his and their own proper Ufe and Behoof for ever. And the faid A. B. doth by these Prefents give and grant to the faid C. D. his Executors, &c. full Power and Authority to afk, levy, recover and receive, in the Name of the faid A. B. by all fuch lawful Ways and Means as fhall be thought requifite by the faid C. D. his Executors, &c. all and fingular the faid Debts and Sums of Money expreffed in the faid Schedule, for and to the only Ufe of the faid C. D. his, &c. without any Account to be had, made or given for the fame, or any Part thereof. And further,

further, that if the faid A. B. or his Affigns, or any Perfon or Perfons, by Virtue of any Power or Authority derived from him or them, fhall, have at any Time heretofore received, released, or discharged any of the faid Debts or Sums of Money mentioned in the Schedule (other than fuch Sums as have been releafed by the Confent of the faid C. D.) That then upon Notice given by the faid C. D. his, &c. to the faid A. B. his, &c. he the faid A. B. his, &c. fhall and will within 20 Days next after fuch Notice given to the faid A. B. or his, &c. fatisfy and Recom-: pence the faid C.D. &c. for the fame; And that he the faid A. B. his, &c. fhall not at any Time or Times hereafter willingly do or fuffer any Act or Thing to hinder, moleft or disturb him the faid C. D. his, &c. in the recovering, getting in, or obtaining the faid Debts, or any of them. But that he the faid A. B. his, &c. fhall and will upon reasonable Requeft to him or them made by the faid C. D. his, &c. make, feal and deliver to him or them fuch other fufficient Powers and Letters of Attorney for the Recovery and getting in of the faid Debts and Sums of Money as by the faid C. D. his,&c. or his or their Counfel learned in the Law fhall be reasonably devifed, advised or required. In Confideration whereof, the faid C. D. for himself, his Executors, &c. doth covenant, promise and grant, to and with the faid A. B. his, &c. in Manner following, (that is to fay) That he the faid C. D. his, &c. hall and will at or before, &c. pay or caufe to be paid the feveral Sums to the feveral Perfons in another Schedule hereunto annexed, expreffed, and alfo procure and obtain to and for the faid A. B. his, &c. fufficient General Releafes and Difcharges in the Law from all the Cc 2 Creditors

And

Creditors in the faid Schedule mentioned. further, that he the faid C. D. his, &c. fhall and will at all Times for ever hereafter fave and keep harmless and indemnified the faid A. B. his, &c. against all and every Perfon and Perfons whatsoever, to whom they the faid A. B. and C. D. or either of them are indebted touching or concerning the faid Copartnership, and from all Actions, Suits, Cofts, Charges, Judgments, Executions, Damages and Demands whatfoever, which fhall at any Time hereafter arife and come against the faid A. B. his Executors, &c. or any of his or their Lands, Tenements, Goods or Chattels, for or by Reafon of any Debts or Sums of Money now owing, or of any Bill, Bond, Specialty, Promise, or Contract, touching the faid Copartnership. And the faid A. B. for himfelf, his, &c. doth covenant, promife and grant, to and with the faid C. D. his, &c. And the faid C. D. doth covenant with the faid A.B. &c. [Mutual Covenants for Enjoyment, and doing of other Things, on Separation of the Copartnership] In Witness, &c.

The Schedule of Debts due to A. B. and C. D. to which the Indenture hereto annexed refers. 1. s. d. Imprimis, From E. F. a Book Debt of 20 O Item, From G.H. by Bond, &c. Item, From J. K. for, &c.

Item, &c.

25

30

The Schedule of Debts due from A. B. and C. D. to which the Deed bereto annexed refers.

l. s. d.

Imprimis, To L. M. of, &c. for, &c. 15
Item, To N.O. for, &c.
Item, To, &c.

10

A Relinquishment of an Estate in Copartnership.

His Indenture made, &c. Between A. B. of,

&c. of the one Part, and C. D. and E. F. of &c. of the other Part. Whereas the faid A. B. C. D. and E. F. have traded and dealt together, as Copartners in the Trade of, &c. for feveral Years paft; and by their said trading tor gether, many Goods, Wares and Debts are come unto them, wherein every one of them hath a joint Interest, according to certain Articles of Agreement and Copartnership made between them: And also they the faid Parties are become jointly indebted to divers Perfons in divers Sums of Money, concerning their Trade aforefaid.

And whereas the faid A. B. in Confiderafion of the Sum of &c. to be to him paid by the faid C. D. and E. F. hath agreed with the faid C. D. and E. F. to relinquish all his Right and Title of, in and to the faid Copartnership. Now this Indenture witnesseth, That the faid A. B. for and in Confideration of the faid Sum of, &c. to him in Hand, at and before the Sealing and Delivery of thefe Prefents, well and truly paid by the faid C. D. and E. F. the Receipt whereof he doth hereby acklowledge, and for other good Caufes and Confiderations him thereunto moving, Hath confented and agreed, and by thefe Prefents doth confent and agree, to fever and Part himself from the faid Trade and Dealing, together with the faid C. D. and E. F. in Copartnership aforefaid. And to that End and Purpose, he the faid A. B. for the Confiderations aforefaid, doth grant, affign and fet over unto the faid C. D. and E. F. all the Eftate, Right, Title, Intereft, Property, Claim and Demand

Cc 3

what