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Registry of Deeds Index Project — Memorial Transcription

Memorial Number: 578931
Volume: 870
Page: 430

To the Register appointed by act of Parliament for Registering Deeds Articles & So forth. A Memorial of an Indented deed of Copartnership bearing date the 24 day of May in the year of our Lord one thousand eight hundred and thirty and made between Hannah Sibthorpe of Cork Hill in the City of Dublin Widow of the one part and John Sibthorpe Son of the Said Hannah of the Same place House Painter and Glazier of the other part. Reciting that they the said Parties had for several years then last past Carried on the Trade and Business of House Painters and Glaziers at the house Hereinn known by number 12 Cork Hill in the City of Dublin as Copartners in said Trades an (sic) reciting that the stock in Trade and debt due to said Concerns was then of the value of Three thousd Six hundred pounds stg. over and above all claims and demands whatsoever and in which the said parties then had an equal share and interest and reciting that said parties in order to carry on sd Trade in said Concerns on Cork Hill for the term of twenty years to be Computed from the day of the date of said presents and reciting that they the said Hannah Sibthorpe and John Sibthorpe for the purposes & Considerations therein mentioned did become and was then Copartners together in sd Trade for the term therein mentioned determinable Nevertheless as therein mentioned and Subject also to the provisions(?) therein Contained and reciting that said Joint Trade and all business Sales & other transactions relative to and Connected therewith should be carried on in the names of them the said Hannah Sibthorpe and John Sibthorpe for her and his common and natural benefit & advantage and at her and his Common Risk and Expense and all Gains profits Losses and Expenses connected with said Copartnership borne Shared and divided by & between Said Copartnership from the date afsaid presents Share and Share alike and that the entire expenditure connected with said Joint trade Should in like manner be borne and defrayed by said Copartners Share and Share alike and that the Said Trade should be Carried on at No 12 on Cork Hill as theretofore or Elsewhere as said parties Should from time to time think fit and that the said John Sibthorpe should provide and Keep a lease to be Kept such Books as should be necessary to be Kept in said Concern and Keep the several accounts thereof and make regular Entries of accountency the Monies Bills Bonds & Estates received and paid and of Goods Wares and Articles Connected with Said Trade and of all debts due to or Contracted by said Copartnership Concern Such Book and Books together with all Securities Letters papers and accounts to be kept in said Concern for the purposes therein mentioned and that the said John Sibthorpe should superintend the Sales to be made at or in said Concern and to purchase all such articles as should be necessary to keep up the Stock of said Joint Trade and that the several Books wherein the Transactions and particulars of said Joint Trade should be entered should be posted up and finally Closed and the Stock belonging to said Joint Trade taken and fairly entered in a Stock Book to be Kept for that Purpose with the sevl other Books of said Concern once in every year as therein mentioned and that a balance sheet be made from said Books in order that the true Estate of said Copartnership might fairly appear up to and for the year then ending which balance Sheet together with said Stock Books when so made out and Closed inspected composed and agreed to should be dated and signed by said Copartners in the presence of one or more Winesses and unless objected to by either of said Copartners within three months from the date thereof or some manifest error appear therein amounting to the sum of Ten pounds or upwards but not otherwise to be conclusive and binding and reciting that all Contracts and engagements entered into by said Copartners or either of them on account or in any wise concerning the said Joint Trade and all Cheques or drafts upon Bankers Bills of Exchange promissory notes and other Securities Bills of Parcels? Receipts For money and other evidences relating to said Joint Trade should from time to time to be made given and taken in the Joint Names of them the said Hannah Sibthorpe and John Sibthorpe under the name of Hannah Sibthorpe of (sic) and Son or under such name and State as said Copartners should at any time thereafter appoint and reciting that the said John Sibthorpe should strictly attend to the general business of said Joint Trade and use his best endeavours to promote the prosperity thereof during the Term of said Copartnership and reciting at the said Copartners or either of them should not in any way or manner either in her or his persons property or otherwise be liable or subject to the private debt or debts (if any) which they or either of them owed or might thereafter owe and that said parties should and would be true and faithful to each other in all buyings and sellings receipts and payments accounts and reckonings and all other transactions Dealings and things relative to the said joint Trade and should and would from time to time make and give a capital just and fair account and disclosure to and consult and advise with such other person in and about all and every the matters and things Connected with said John (sic) Trade and that said Copartners or either of them would not at any time thereafter without the Consent in writing of the other of them use take or employ any of the Money or Effects of the said Copartnership or engage the Credit of the said Copartnership Stock in or for any transaction dealing or purpose or matter or thing whatsoever other than on account of and for the benefit of said Joint Trade and in the usual Courses of Carrying on the same and that the said Jno Sibthorpe should and would from time to time during the said Copartnership term draw out and make and furnish all account and accounts due to said Joint Trade and Call in and Collect the same and make regular entries of the same when furnished and received and that all monies which should be so received from time to time upon the account of the said Joint Trade should be from time to time be applied by the said John Sibthorpe to the necessary Current Expenses of said Joint Trade and after payment of the same and of all and every the expenses Connected with the said Concern should and could place the overplus to the Credit of Capital Joint Stock and reciting that said Copartners or either of them should not at any time thereafter Cause or Suffer said Copartnership Estate to be at any time attached charged or Incumbered with or on account of her or his own private or Separate Debts or Engagements but should from time to time pay the same out of her and his own proper or sell send or deliver by way of credit upon Trust any money goods wares or other the property or Effects belonging to the said Joint Trade or Release discharge or Compound any debt or debts which during said Copartnership might become due or owing to said parties on account of said Joint Trade or release or discharge any debt or demand or deliver up or Assign any Security belonging thereto without receiving the full amount or value thereof nor any other account matter or thing whereby the money or Effects of said Copartnership should be delayed or with holden from the said Joint Trade Except only as therein Excepted and that they the said Copartners should not without Consent Confess or Execute any Statute Satisfaction recognizance Judgment Warrant(?) of Attorney is at her [other?] Security for becoming Bail or Security for any person or persons whatsoever nor discounting any Bill of Exchange or promissory note with the Copartnership Money of said Concern nor enter into any uncertain Speculative Concern whereby the Capital of said Joint Stock or the share or Interest of the other said Copartners might be put to risk or hazard and after reciting that either of said Copartners might at any time retire from said Joint Concern upon giving 6 months notice of such her or his intention of so doing to the other of them or of disposing by Deed or bequeathing her or his Share and Interest in the Joint Stock of said Concern in the way and manner and upon the Terms therein mentioned and after reciting the said other Covenants usual in such deeds Said Deed recited that the house Situate at No 12 on Cork Hill in City of Dublin where the said Joint Trade and Business had been and was then Carried on together with the warehouse in Copper Alley which warehouse was recited to be held by Lease for lives renewable for Ever under the Right Honorable The Earl of Milltown(?) at the yearly rent of Eight pounds stg late Irish currency should also from the date of said presents be deemed and taken as part of the said Capital Joint Stock and the respective Rents Taxes and repairs of sd house and warehouse to be taken into the yearly accounts of said Copartners life in the same way and manner as all other the charges and expenses of said Joint Concern and further reciting that the said Hannah Sibthorpe should from the date of said presents have the free and uncontrouled use occupation and possession of the said house when the said Joint Trade was then Carried on for herself and family for and during the term of her natural life and that from and after her decease that said house together with said Warehouse in Copper Alley should be and become Sole property of him the said John Sibthorpe To hold to him his Heirs and assigns from thenceforth for Ever and further reciting that the furniture plate China Glass and Delp(sic) and all other articles in and upon said house in Cork hill and not Connected with said Joint Trade was the Sole property of the said Hannah Sibthorpe all and every of which was to be disposed of by her in such way and manner and at such time and times as she might think proper and lastly reciting that said parties did thereby Covenant and agree and did thereby bind herself and himself their Heirs Exors and Admors unto the other of them to the true and faithful observance and performance on her and his part of all and singular the Clauses Covenants articles Matters agreements and things therein Contained hereinunto and agreed upon to be kept fulfilled performed and observed and said deed and this Memorial as to the perfection thereof is duly Witnessed by Samuel Fitzpatrick of French Street in the City of Dublin Attorney at Law and by Charles Sibthorpe of Cork hill in said City of Dublin Gentn

Hannah Sibthorpe (seal)
John Sibthorpe (seal)

  Signed Sealed and delivered In presence of Chas Sibthorpe Saml Fitzpatrick Samuel Fitzpatrick of French Street in the City of Dublin Gent Attorney at Law Maketh Oath and Sayeth that Deponent(?) saw the deed of Copartnership of which the above writing is a Meml duly Executed by the parties thereto and sayeth Deponent(?) also saw the above Memorial duly Executed by Hannah Sibthorpe and John Sibthorpe the parties thereto and sayeth the name Saml Fitzpatrick subscribed as a witness to said deed and Memorial in this Deponentsís proper name and handwriting and sayeth that on Friday the 29 day of April one thousand eight hundred and thirtyone deponent handed said deed and Memorial unto Oliver Moore Esqr Deputy Register at the Register Office Kingsbury Dublin near the hour Two oClock in the afternoon of said day to be Registered pursuant to act of parliament for that purpose made and provided Saml Fitzpatrick sworn before me this 29 day of April 1831 Olir Moore afsd Regr. att-- copy W. T(?).