vide the estates in question in the cause being the estates so devised by the said will and codicil of the said M. B., deceased, as aforesaid) into moieties, and that one moiety thereof should be allotted as the share of the plaintiff, and the other moiety should be allotted as the share of the defendants, subject to the trusts, limitations, and remainders declared concerning such moieties; and it was ordered that the plaintiff and the said defendants should hold and enjoy their respective moieties in severalty, according to such allotments, and that all deeds and writings relating to the said estates should be produced before the said commissioners upon oath, as they should direct, who were to be at liberty to examine witnesses upon oath, and to take their depositions in writing, and return the same with the said commission; and it was ordered that the mutual conveyances to be made by the plaintiff and the said defendants to each other should be respited until the defendant C. D. should attain the age of twenty-one years.

of partition

(465.) And whereas a commission of par- Commission tition, bearing date the &c., issued according to the said decree, authorizing A. A.,

Р

Certificate of Commissioners.

jud

and

mi

B. B., C. C., and D. D., any three or two of
them, to divide and allot the estates and
premises in question in the said cause, de-
vised by the said will and codicil of the
said M. B., deceased, and with an expresse
command to make a fair partition, division,
and allotment thereof, and to separate and
divide the same into moieties, and to allot
one moiety thereof as the share of the said
plaintiff, the said A. B., and the other moiety
as the share of the said defendants, the said
C. D. and E. F., according to the true in-
tent and meaning of the said decree.

(466.) And whereas by a certificate, bearing date the &c., under the hands and seals of A. A., of &c., and B. B., of &c., two of the said commissioners named in the said commission of partition, whereby, after reciting the said decree, dated the &c., and the said commission, dated the &c., they, the said commissioners, did certify that they had surveyed the estates and premises in question, and informed themselves of such particulars as the circumstances had appeared to them to require, without finding it necessary to resort to examination of witnesses, and according to the best of their skill and

Ca

judgment had made a fair partition, division, and allotment of the said estates and premises, and separated and divided the same into two moieties, as nearly as they had deemed practicable, and did thereby allot the entirety of all those several closes, pieces, or parcels of arable, meadow, or pasture land situate, lying, and being in the &c., called or commonly known by the several names, and containing by survey the respective quantities hereinafter mentioned; (that is to say,) &c., with the appurtenances, as the share of the said plaintiff, the said A. B., which said share of the said plaintiff, the said A. B., they, the said commissioners, had caused to be coloured green on the plan indorsed on the certificate now in recital; and they did thereby allot the entirety of all those several closes, pieces, or parcels of arable, meadow, or pasture land, also situate, lying, and being in &c., called or commonly known by the several names, and containing by estimation the respective quantities hereinafter mentioned, (that is to say,) &c., with the appurtenances, as the share of the said defendants, the said C. D. and E. F., according to the true intent and

Order confirming certificate.

Expediency

of com

cea

meaning of the said decree, and which said sai share of the last-mentioned defendants they had caused to be coloured red on the said ma plan on the certificate now in recital in-car dorsed.

(467.) And whereas by an order, bear-and ing date the &c., made by &c., in the said cause, upon producing the certificate, dated the &c., made by the said A. A. and B. B., two of the commissioners appointed in pursuance of the said recited decree, it was ordered that the said certificate, and all the matters and things therein contained, should stand ratified and confirmed, and be observed and performed by all parties, according to the tenor and true meaning thereof.

(468.) And whereas it would be advan tageous, as well to the said A. B., as to the that the same defendants in the said cause, if the partition

pleting par

tition, but

cannot be

done without the aid of Parliament.

so made by the said A. A. and B. B., as
aforesaid, were completed and carried into
legal effect, and made binding for ever here-
after on all parties claiming under the said
recited will and codicil, or either of them,
or under the said recited indentures, par-
tition, and decree, or any of them; but by
reason of the limitations contained in the

said will and codicil of the said M. B., deceased, so far as regards the undivided moiety of the said C. D., the same partition cannot be satisfactorily and effectually made permanent and perpetual, without the aid and authority of Parliament.

PARTNERSHIP.

(469.) Whereas the said A. B. and C. D. Agreement have mutually agreed to become partners in partners. the trade or business of, &c., for the term, and subject to the powers, provisoes, conditions, covenants, and agreements hereinafter mentioned and contained.

ship.

(470.) Whereas the said A. B. and C. D. Copartner. are copartners, carrying on the trade or business of, &c., in the names or under the firm of, &c.

form.

(471.) Whereas the said A. B. and C. D. Id. Another have for some time past carried on the trade or business of -, in the shares and proportions following, (that is to say,) &c., upon the terms and conditions, and under and subject to the covenants and agreements