J. BERNARD PARTRIDGE.J. BERNARD PARTRIDGE.(Drawn by Himself.)
Mr. Bernard Partridge made his first drawing forPunchin 1891, through the instrumentality of Mr. du Maurier, one of his greatest admirers. It was a drawing of a bishop in a distressing and undignified pose, and, though small in size, it proved at once to readers ofPunchthe justice of the extraordinary reputation the young artist had gained elsewhere. It was not only that his drawing and proportion are always entirely right—that, perhaps, is to be expected in the son of the late teacher of anatomy at the Royal Academy Schools—but that his handling is so graceful and dainty, his effects of light and shade so masterly, his portraiture so true, and his power of representing expression, as shown both in face and figure, so absolute. Mr. du Maurier saw in him his own successor for the time when he may be called upon to lay the pencil down; and the public recognised in him an appreciator of beauty to a degree hardly excelled by Mr. du Maurier himself. Being, moreover, as familiar with the expression of the foreigner as with that of the East-Ender, or the resident of "Buckley Square," he was a recruit after Mr. Punch's own heart and interest.
It is because Mr. Partridge's love for the stage is stronger than for the pencil that the invitation to contribute toPunch, and, in 1892, his promotion to the regular Staff, did not arouse in him any great enthusiasm at the time. Soon, however, he warmed up to his work, and his illustrations to Mr. Anstey's inimitable "Voces Populi," "The Man from Blankley's," and other of that writer's serials, made their mark at once, supported as they were by the "socials," signed now with his cipher, now with his quaint "Perdix fecit."
Concurrently with Mr. Partridge (1891), Mr. Everard Hopkins made his appearance with one of two drawings sent in. The accepted one was an admirable travesty of thedénouementof Ibsen's "Doll's House," representing a buxom middle-aged virago leaving the house of her diminutive hen-pecked husband, whose "birdie" she declines any longer to be. Numerous drawings of a graceful kind have since come from him, until he is in the way of being regarded as a recognised outside contributor.
Then followed Mr. Reginald Cleaver, whose work, somewhat hard, but of great beauty in its own line, has been devoted to "social" subjects; and on January 1st, 1892, Mr. W. J. Hodgson sent in a picture that was destined to be the first of a long series. He is essentially a sporting man—a vital necessity forPunch—and having been brought up in the thick of the sporting world, has immortalised in his pages many a hunting joke and scrap of "horsey" humour. His subjects are usually actualities, and more than once hasa whole countryside been startled by the appearance inPunchof an incident that had just formed matter for gleeful conversation after a day's sport. Such was the amusing otter-hunt story that appeared in July, 1894, in which, under the title of "The Course of True Love, etc.," Miss Di, a six-foot damsel, asks her five-foot-three curate-lover to pick her up and carry her across the watercourse, "as it is rather deep, don't you know;" and the Wiltshire village where it occurred and the chief actors in the little comedy became at once the talk of the county, and the water itself is pointed out as the scene of the incident. Mr. Hodgson, it may be noted, was introduced toPunchthrough Sir Frank Lockwood, who sent to the Editor a volume which the draughtsman had illustrated.
Miss Maud Sambourne, when no more than eighteen years of age, also contributed her first drawing in the spring of 1892—a charming little figure of a girl, as dainty as a sketch by Mr. Abbey, and as different from her father's work as well could be imagined. Similar little drawings from her graceful pencil have appeared from time to time, the prettiest, perhaps, being "A Fair Unknown," on June 2nd, 1894.
On November 12th, 1892 (p. 221, Vol. CIII.), appears an elaborate page of verses, explanatory notes, and four cuts illustrative of "The Vanishing Rupee"—a picture greatly appreciated in India. The originator of this satirical page was Mr. J. H. Roberts, an architect who had turned his back on his profession and had cast in his lot with illustrated journalism; and the manner in which he hit off the standing grievance of Anglo-India betrayed a touching personal interest in this painful fiscal question.
Mr. Arthur A. Sykes, more closely identified withPunchas a verse and prose writer than as a draughtsman, began the first of his sketches in November, 1893; and on the 18th of the same month Sir Frank Lockwood, Q.C., who had hitherto been content to see his artistic effervescence re-drawn by Mr. E. T. Reed, appeared in his own right with a comic scribble representing a barrister afflicted with a bad cold energetically addressing the court. It was entitled:"Cold, but In-vig-orating"—a pictorial pun worthy of Hood or Hine. This was the first of a series.
About this time the distinguished draughtsman, Mr. Arthur Hopkins, who has rarely been surpassed in rendering the simple grace of pretty English girlhood, evolved a joke while shopping with his wife, and straightway illustrated it and sent it on toPunch. It appeared the next week, and was quickly followed by another on the 1st of April. Since then the artist has been seen no more inPunch'spages, although, jokes serving, he is still apersona gratain Whitefriars. Mr. J. F. Sullivan—the immortal depictor of the humours and amenities of "The British Workman," and for many years the incarnation of "Fun"—struck up a belated connection withPunch, also in November, 1893. His drawings ran continuously during that and the next two months to the number of a dozen or so, and then, with the exception of an "old stock" sketch or two, they incontinently ceased.
The Almanac for 1894 witnessed the début of Mr. J. A. Shepherd, who, on the strength of his comic "Zig-Zags at the Zoo," was invited by Mr. Burnand to send in a page. His comic animals, drawn with singular precision and skill, and full of character, seemed to hit the popular taste, and, save for a period when ill-health interrupted, Mr. Shepherd has continued his contributions. He was a pupil of Mr. Alfred Bryan, and for a couple of years was on the staff of "Moonshine." Another recruit of 1894 was Mr. A. S. Boyd, one of the most brilliant of the "Daily Graphic" staff, and still affectionately remembered as "Twym" of the "Bailie" and "Quiz" of Glasgow. His first contribution (April 7th) was a sketch of a lady in an omnibus, whose outrageously large sleeves extinguished her neighbours as effectually as the crinoline of her grandmother (according to John Leech) had cancelled her grandfather. Since that time Mr. Boyd has been seen fitfully inPunch, and always with drawings executed with great care and with singular appreciation of the value of his blacks.
PHIL MAY.PHIL MAY.(Drawn by Himself.)
Then came Mr. Phil May.Punchwas long in discovering him, but he found him at last. Indeed, he could not affordto do without him, for Mr. May, though barely more than thirty years of age, was already in the foremost rank of humorous draughtsmen of the day, and few—even of Mr. Punch's own Staff—were better known and more popular than the young artist who had burst upon the town not long before. He had gone through a hard life as a boy. He had turned his back upon architecture, as Charles Keene, Mr. Moyr Smith, Mr. Roberts, Mr. Bernard Partridge, and other contributors toPunchhad done before him, and had joined a strolling company, with whom he strolled and acted for four years, drawing caricatures of his fellow-actors for the shop-windows. He was only fourteenwhen he began sketching for a Yorkshire paper, and four years later he came to town and, after an interval of the direst want, soon made his mark. At that time he had evidently been looking at Mr. Sambourne's drawings, but a three years' visit to Australia, aided by the bitter experience of Melbourne newspaper printing presses, simplified his style to the point we now see it—in which elimination of all unnecessary lines seems carried to its furthermost limit. Indeed, his "economy of means" borders on parsimony. Gifted with a powerful personality, with the keenest sense of humour, and with strong human sympathies that lean much more to the side of the poor than of the well-to-do, and, above all, with a brilliant power of draughtsmanship, he was recognised as a master as soon as he asserted himself—an original master with many disciples and more imitators. He cannot be called a caricaturist, for in his work there lacks that fierce quality of critical conception—above all, that subject-matter that makes one think, that sardonic appeal to head and heart at once, which make up the sum of true caricature. If caricature is drollery, and not humour, as Carlyle says it is, Mr. May is above all things a humorist, and not at all a droll. He is neither a politician nor a reformer, nor even, if properly understood, a satirist. His aim is to show men and things as they really are, seen through a curtain of fun and raillery—not as they might or ought to be. Yet the essence of his work is inexorable truth, and his version of life is depicted to a delighted public with the unerring pencil of a laughing philosopher. And, moreover, his greatest quality is the astounding excellence of his draughtsmanship, which, so far from being germane to caricature, is not only unnecessary to it, but sometimes even a hindrance.
And so Mr. May began with his "social" cuts forPunch, selecting "low life" for the most part, as Mr. du Maurier chose high life, and making for every picture as careful a study from Nature as ever Charles Keene did—and probably as many of them. Furthermore, he prefers to seek out his jokes for himself. When he was in New York and found that the professional joke-purveyor was untrustworthy, he saunteredinto a police court in the hope of finding character there, and perhaps humour. A woman was up before the magistrate on a charge of drunkenness—a charge which the lady denied. "How do you know she was drunk?" asked the magistrate. "She walked into a baker's shop," replied the policeman, "and wanted to buy a bonnet." The evidence was accepted as conclusive; and Mr. May sketched the prisoner there and then, and introduced her into his first drawing forPunch'spage as the gutter-woman who, looking over an illustrated paper, confides to a friend that the portrait it contains of "Lady Sorlsbury" isn't a bit like what she really is in private life. Mr. May was in due course drawn intoPunch'snet, and eating his first Dinner in February, 1895, he cut his initials on the Table between those of Thackeray and Mr. du Maurier. The accompanying sketch was the eloquent announcement I received of his promotion.
"I JOINED THE 'PUNCH' TABLE LAST WEEK, AND CARVED MY NAME ON THE ROLL OF FAME.""I JOINED THE 'PUNCH' TABLE LAST WEEK, AND CARVED MY NAME ON THE ROLL OF FAME."
In the Almanac of 1894 two artists new toPunchmade their appearance—the first, Mr. Stafford, the quondam cartoonist of "Funny Folks;" and the other, the world-famous humorist "Caran d'Ache" (M. Emmanuel Poirée), with a satire on the female craze of the day in respect to M. Paderewski and his flowing locks. In November of the same year Mr. Fred Pegram, who had for three years been one of the "Judy" artists, made his clever appearance inPunch, since then several times repeated; and with Mr. W. F. Thomas—the well-known successor of Baxter as the delineator of Ally Sloper and his low but amusing circle—who appeared twice in 1895, I close my list.
THE STAFF OF PUNCH AT TABLE, 1895.THE STAFF OFPUNCHAT TABLE, 1895.(From a flash-light photograph, expressly taken by Van der Weyde.)View larger image
It will thus be seen that with the exception of a very few among the earlier comic draughtsmen, and a half-a-dozen others of our own day,Punchhas at one time oranother engaged the pencils of all the chief English graphic humorists of his time, and has even persuaded notable artists of more serious turn to try their hand at comic work.
In its artistic aspect, at least,Punchis more than a comic journal: it is, and has been for more than half a century, a school of wood-drawing, of pen and pencil draughtsmanship, and of wood-cutting of the first rank; it is a school of art in itself. The effect of its art-teaching has been widely felt, and on this ground alone its doings must command interest and justify a close examination into its rise and progress. So far, too, as one can foretell, its future is safe. Young men are arising who are capable of carrying on its traditions and of bearing its banner bravely and merrily aloft; and it may safely be assumed that, just as the Royal Academy sooner or later absorbs the best Outsiders to adorn its circle and keep its vigour green, soPunchwill never lack the ablest men to don his cap and motley and shake his jingling bells.
FINALE: A PROBATIONARY DRAWING (UNUSED).FINALE: A PROBATIONARY DRAWING (UNUSED).(By Linley Sambourne.)
SIGNATURES OF PUNCH'S ARTISTS.SIGNATURES OFPUNCH'SARTISTS.View larger image
SIGNATURES OF PUNCH'S ARTISTS.SIGNATURES OFPUNCH'SARTISTS.View larger image
1.William Newman.2.A. S. Henning.3.H. G. Hine.4.Kenny Meadows.5.Alfred "Crowquill."6.John Leech.7.Gavarni.8.W. M. Thackeray.9.Sir John Gilbert, R.A.10.Hablôt K. Browne ("Phiz").11.H. Heath.12.R. J. Hamerton.13.W. Brown.14.Richard Doyle.15.Henry Doyle, C.B.16.A. Watts Phillips.17.E. J. Burton.18.W. McConnell.19.Sir John Tenniel.20.Capt. H. R. Howard.21.C. H. Bradley.22.Rev. Edwd. Bradley ("Cuthbert Bede").23.T. Harrington Wilson.24.Rev. W. F. Callaway.25.Halliday.26.G. W. Terry.27.Frank Bellew.28.Charles Keene.29.Julian Portch.30.G. R. Haydon.31.George Du Maurier.32.Gordon Thompson.33.H. Stacy Marks, R.A.34.Paul Gray.35.E. J. Burton.36.Fritz Eltze.37.Sir John E. Millais, Bart., R.A.38.Fred Barnard.39.R. T. Pritchett.40.A. R. Fairfield.41.Colonel Seccombe.42.Dever.43.W. S. Gilbert.44.Ernest Griset.45.Alfred Thompson.46.J. Priestman Atkinson.47.Charles H. Bennett.48.T. W. Woods.49.G. Bouverie Goddard.50.Miss Georgina Bowers (Mrs. Bowers-Edwards).51.Walter Crane.52.O. Harling.53.H. R. Robinson.54.Frederic Shields.55.E. J. Ellis.56.Linley Sambourne.57.L. Strasynski.58.F. Wilfrid Lawson.59.A. Chasemore.60.Walter Browne.61.Briton Riviere, R.A.62.J. Moyr Smith.63.Wallis Mackay.64.J. Sands.65.Miss J. Romer.66.R. Caldecott.67.A. C. Corbould.68.Major-General H. G. Robley.69.W. Ralston.70.F. Woods.71.J. Curren.72.L. G. Fawkes.73.Colonel Bennitt.74.T. Walters.75.W. J. Hodgson.76.Miss Fraser.77.Montagu Blatchford.78.W. G. Smith.79.W. G. Holt.80.E. J. Wheeler.81.Harry Furniss.82.C. J. Lillie.83.G. A. Storey, A.R.A.84.William Padgett.85.Thompson.86.E. Morant Cox.87.Harper Pennington.88.G. H. Jalland.89.George Darré.90.J. P. Mellor.91.C. A. Marshall.92.E. T. Reed.93.Everard Hopkins.94.W. J. Hodgson.95.J. Bernard Partridge.96.Sir Frank Lockwood, Q.C.97.J. A. Shepherd.98.A. A. Sykes.99.J. F. Sullivan.
Articles of Agreementindented made and entered into this fourteenth day of July—in the year of our Lord One thousand eight hundred and forty one BetweenHenry Mayhewof Number 3 Clements Inn in the County of Middlesex GentlemanMark Lemonof Number 12 Newcastle Street Strand in the said County of Middlesex Gentleman andJoseph Stirling Coyneof Number 14 Fludyer Street in the City of Westminster Gentleman of the first partEbenezer Landellsof Number 32 Bidborough Street in the Parish of Saint Pancras in the County of Middlesex Engraver of the second part andJoseph Lastof Crane Court in the City of London Printer of the third part.
It is Agreedbetween the persons parties hereto each so far as the stipulations hereinafter contained are to be performed by or are applicable to him respectively.
First.
Thatthere shall be published a periodical Work to consist of humorous and political Articles and embellished with Cuts and Caricatures to be called "Punch or theLondon Charivari" the same to be published in weekly numbers on every Saturday after the date of these presents every such number to be contained in and fill one sheet of double demy of Sixteen pages each page to contain two Columns except the pages containing advertisements each of which are to contain three Columns and that the average size of the Type shall be brevier solid.
Second.
Thatthe persons parties hereto of the first part shall be the Editors of the said work. That the saidEbenezer Landellsshall be the Engraver to the same work and that the saidJoseph Lastshall be the Printer thereof.
Third.
Thatthe said Editors shall supply the saidEbenezer Landells(by delivering the same at Number 12 Newcastle Street Strand the present Office of the Editors of the said work or other the Office for the time being of the said Editors) with written suggestions for subjects for the Cuts for illustration and embellishment of the said work such suggestion for the Cut or Cuts on page 9 of each number (and which page is to be filled with one or more Cut or Cuts and letterpress in explanation thereof) to be furnished at least on the fourteenth day—preceeding [sic] the day on which the number in which they are to be contained is to be published and such suggestions for other Cuts to be furnished one half on the Eighth day and the other half on the Seventh day preceeding the day on which the number in which they are to be contained is to be published such Fourteenth and Seventh days to be reckoned exclusive of such last mentioned day.
Fourth.
Thatprovided the said Editors shall supply the saidEbenezer Landellswith such written suggestions as aforesaid he shall as such Engraver as aforesaid deliver the blocks in which such Cuts shall be Engraved to the saidJoseph Lastas such Printer as aforesaid (such delivery to be at the Printing Office for the time being of the saidJoseph Last) at latest by Eight o'Clock in the Evening of the Tuesday next preceeding the day on which the number in which they are to be contained is to be published.
Fifth.
Thatthe said Editors shall supply the saidJoseph Last(by delivering the same at his Printing Office for the time being) with the matter (exclusive of Cuts) necessary for each number of such work in the proportions following—namely half at latest by the Monday preceeding the day on which the number to contain such matter is to be published One quarter more at latest by the Tuesday at noon preceeding such last mentioned day and the remaining one quarter at latest by Six o'clock in the Evening of the last mentioned Tuesday.
Sixth.
Thatif the said Cuts and Matter shall be so supplied to the saidJoseph Lastas aforesaid he shall print and deliver at the publishing Office for the time being of the said work and at latest by Five O'clock in the Afternoon of the Wednesday preceeding the day on which the number to contain such Cuts and Matter is tobe published so many such numbers of the said Work as shall be required for Country Circulation And shall also print and deliver at the said Publishing Office and at latest by Eight O'clock in the Morning of the Thursday preceeding the last mentioned day so many such numbers as shall be required (not exceeding Two hundred quires) for Town circulation and shall also print and deliver at the said publishing Office after the last mentioned Thursday when and as they may be reasonably required so many more such numbers as may be required.
Seventh.
Thatthe publisher for the time being of the said work shall be the person by whom all Sales of the same Work shall be made and who shall receive all monies in respect of such Sales but all such Sales shall be made on account of the persons parties hereto proprietors of the said Work and all accounts against debtors shall be sent in and delivered to them as being indebted to the said proprietors.
Eighth.
Thatthe said several persons parties hereto shall be entitled to the profits arising from the said work as hereinafter mentioned in that behalf but before any sum of money or any other thing shall be adjudged profits or in the nature of profits the said persons parties hereto of the first part shall as such Editors as aforesaid be entitled to receive out of the assetts in respect of the said Work on every Saturday next after the date of these presents the sum of Twenty pounds and the saidEbenezer LandellsandJoseph Lastshall be entitled to receive out of the same assets on every Saturday next after the date of these presents the amount of their respective Bills (duly audited and allowed as hereinafter mentioned) in respect of the Engraving for and printing of the said Work respectively—The said Editors to be entitled to the said Weekly sums in equal shares and proportions.
Ninth.
Thatall claims and demands in respect of the said Work (including those of the saidEbenezer LandellsandJoseph Lastfor Engravings for and printing of the said Work) shall be sent in to and delivered at the said Editors Office on every Saturday Evening by Eight O'Clock at the latest that on every Saturday Evening after the date of these Presents at Eight o'Clock a Meeting shall be held of the several persons parties hereto at No. 12 Newcastle Street Strand or other the Office for the time being of the Editors of the said Work—at every of which Meeting shall be present at least one of the said Editors and one other of them the saidEbenezer LandellsandJoseph Lastand at every such meeting all claims and demands on and in respect of the same Work shall be audited and allowed by the parties present at such Meeting and the publisher of the said Work and all other persons shall attend at such Meeting and bring all monies which may since the last Meeting have been received in respect of the sale of the same Work or otherwise on Account thereof and pay the same over to the parties constituting such Meeting and such parties shall out of such monies in the first place pay all expences of Advertising, Cost of paper, salary to the publisher Rent of any premises necessary for conducting the said Work and all other incidental outgoings and expences whatsoever which shall have been incurred in respect of the said Work and which shall have been duly audited and allowed as aforesaid (other than those which shall be payable to the parties hereto as such Editors Engraver or printer as aforesaid) and then in the next place in paying to the several persons parties hereto all their claims and demands in respect of the same Work as such Editors Engraver and printer as aforesaid.
Tenth.
Thatin case the last mentioned monies shall not be sufficient to pay and satisfy the outgoings and expenses concerning the same Work (other than those which shall be payable to the parties hereto as such Editors Engraver and printer as aforesaid) then the deficiency shall be made good out of any monies which [may] be received on any subsequent Saturday or (if received) by monies raised from the sale of any of the assetts in respect of the said Work so that at no time shall any of the several persons parties hereto receive any money as such Editors Engraver or printer as aforesaid until all other claims and demands on and in respect of the said Work shall be fully paid and satisfied and in case the assets in respect of the said Work shall not be sufficient to pay and satisfy the outgoings and expenses concerning the same Work (other than those which shall be payable to the parties hereto as such Editors Engraver and printer as aforesaid) then the deficiency shall be borne paid and defrayed by the saidHenry Mayhew Mark Lemon Joseph Stirling Coyne Ebenezer LandellsandJoseph Lastin equal proportions and in case the assets in respect of the said Work shall not be sufficient or no more than sufficient to pay and satisfy the claims and demands concerning the same Work other than those which shall be payable to the parties hereto as such Editors Engraver and printer as aforesaid then the said parties hereto shall not have any claim the one against the other in respect of any suchclaim or demand and in case the said assetts shall be more than sufficient to pay and satisfy the claims and demands concerning the said Work other than those which shall be payable to the said parties hereto as such Editors Engraver and printer as aforesaid but not sufficient to pay the entirety of the claims and demands of such Editors Engraver and printer then such Editors Engraver and printer shall be entitled to such surplus assetts by an equal pound rate according to the amount due to the said Editors at the rate of Twenty pound per Week as aforesaid and the amount of the respective Bills of the saidEbenezer LandellsandJoseph Lastas such engraver and Printer as aforesaid.
Eleventh.
Thatafter all claims and demands in respect of the said Work (including those of the said Editors Engraver and printer as aforesaid) shall be fully satisfied the saidHenry Mayhew Mark Lemon Joseph Stirling Coyne Ebenezer LandellsandJoseph Lastshall be entitled in equal proportions to the net gains and profits arising from the said Work to and for their own use and benefit absolutely such division of profits to take place as far as may be on the Saturday in which they shall be declared—And all the assetts in respect of the said Work after answering all claims and demands against the same shall belong to the last mentioned persons in equal shares and proportions to and for their own use and benefit absolutely.
Twelfth.
Thatthe copyright of the said work including the wood and other cuts therein and the designs therefore shall belong to the parties hereto and so also shall all perquisites such as Books or other articles sent for review Tickets for Theatres Exhibitions and other places and all other things and matters incident to the said Work.
Thirteenth.
Thatin case the said Editors shall make default in supplying the saidEbenezer Landellswith written suggestions in in breach of the clause hereinbefore contained numbered 3 then for every such default they shall pay unto the saidEbenezer Landellsthe sum of One pound ten shillings And in case the saidEbenezer Landellsshall make default in delivering to the saidJoseph Lastthe blocks in breach of the clause hereinbefore contained numbered 4 then for every such default he shall pay unto the saidJoseph Lastthe sum of One pound ten shillings And in case the said Editors shall make default in supplying the saidJoseph Lastwith matter in breach of the clause hereinbefore contained numbered 5 then for every such default they shall pay unto the saidJoseph Lastthe sum of One pound ten shillings And in case the saidJoseph Lastshall make default in printing and delivering the numbers of the said work in breach of the clause hereinbefore contained numbered 6 then for any such default he shall pay unto the said Editors the sum of Fifteen shillings and unto the saidEbenezer LandellsFifteen shillings such payments to be respectively paid as liquidated damages and on the Saturday next after the defaults respectively shall have been made and may from time to time be deducted out of any monies which may be payable to the party making such default under any stipulation herein contained.
Fourteenth.
Thata proper Book of account shall be kept by the said publisher whose duty it shall be without delay to enter therein all such just and proper entries as a publisher ought to enter and proper entries shall be made in the same Book of all receipts and payments and all accounts matters and things in respect of the said Work and be kept with all vouchers and writings which may relate to the same work in the publisher's Office for the time being of the said work and not elsewhere for the inspection and perusal of each of the parties hereto his executors and administrators and whereto each of them may at all times resort and take copies thereof or extracts therefrom at their free will and pleasure and that the same Book shall at each of the aforesaid Weekly meetings be laid by the said publisher before the persons parties hereto attending the hereinbefore mentioned weekly meetings respectively which person shall at each such Meeting then and there make up state and balance the said Book and sign the same when so made up stated and balanced and the same shall within one week afterwards be signed by such of the parties hereto as may not have attended the weekly meeting in which such Book shall have been lastly stated and balanced and after such signature each of them shall be bound and concluded therein unless some manifest error to the amount of Five pounds or upwards shall be found therein and signified by either of the parties to the other within six calendar months next after the taking of such accounts respectively in which case the error shall be rectified but no other par of the said account shall be impeached or disturbed.
Fifteenth.
Thatthe getting up of the work shall be executed in all respects in the best possible manner by all the parties hereto and each party shall be just and true to each other in all matters and things relating to the said Work.
Sixteenth.
Thatthe whole conduct of the said work as well with regard to the Editing printing designing engraving and publishing thereof as every other matter and thing connected therewith or incidental thereto and the expenses thereof respectively shall in case there be any difference about the same be decided by a majority of the votes of the several parties hereto the saidEbenezer Landellsbeing entitled to one vote the saidJoseph Lastto one other vote and the parties hereto of the first part or any two of them to one other vote the vote of the last mentioned parties or any two of them being to be taken for the purpose of such voting but as one person only.
Seventeenth.
Thatany person may retire from this Agreement and from all concern in the said Work on leaving at the Publisher's Office for the time being of the said Work Twenty one days notice in writing of his intention so to do such Notice expiring on a Saturday.
Eighteenth.
Thatupon the retirement of any such person as aforesaid the assetts belonging to the said work (including debts) shall at the joint expence of the persons parties hereto be valued by three indifferent and competent persons in the publishing business who shall take upon themselves the office of such valuation one to be chosen by the said Editors another by the saidEbenezer Landellsand the third by the saidJoseph Lastwithin one week after such retirement and in case any or either of the said parties shall for any cause whatever not nominate such valuor on his or their behalf within the said week then a valuer may be nominated by the valuer or valuers chosen by the party or parties who may be willing to proceed with the said valuation and such valuor so nominated as last aforesaid may with the valuer so previously nominated (in case only one of such parties shall have nominated a valuer) nominate a third valuer to carry into effect the aforesaid valuation And in case such third valuer shall not from any cause be nominated within one week after two valuers shall have been nominated then such third valuer may be nominated by the Clerk of nisi prius of the Court of Queens Bench for the time being on the application of any party hereto who shall first make application to him for that purpose And in case of the death of any of the said valuers another or other may be chosen in manner hereinbefore set forth And after such valuation shall be made known it shall be lawful for the persons parties hereto (other than the person so retiring as aforesaid) to purchase the whole (but not a part of) the share and interest of the Party so retiring in the net assetts belonging to the said work and the parties so purchasing as aforesaid shall enter into a Bond in a sufficient penalty with two good and sufficient sureties for securing to the party so retiring the payment of the amount of such his share and interest ascertained by such valuation as aforesaid at the respective periods of three six nine and twelve calandar months next after such retirement with interest at the rate of five pounds per cent. per annum from the time of such retirement payable quarterly in the meantime That in case of the death of either of the said persons parties hereto a valuation shall be made of the assetts belonging to the said Work (including debts) in the manner hereinbefore stipulated the executors or administrators of the deceased partner being substituted for such deceased party and the surviving parties shall have the option of purchasing the share of the party so dying of and in the said assetts upon the same terms as are hereinbefore mentioned in case such party had retired as hereinbefore provided That in case either person shall become Lunatic or Imbecile or from any cause prevented from attending to the business of the said Work as hereinbefore provided for the period of two entire calendar months he shall to all intents and purposes be considered to have retired from this Agreement and from all concern in the said Work as fully and effectually as if he had given notice under the clause hereinbefore contained in that behalf and a valuation shall be made of the assetts in respect of the said Work (including debts) in the manner hereinbefore stipulated the friends acting on behalf of the Lunatic or imbecile person being substituted for such Lunatic or imbecile person. That if in any of the cases aforesaid the parties in whom shall be the right of purchasing the share and interest of the party so retiring dying becoming Lunatic or imbecile or prevented from attending to the business of the said Work as aforesaid shall decline to elect to exercise such right (and they shall be deemed to have so declined unless the contrary be made known by notice in writing under the hands of the parties entitled to such right and left at the said publishing Office for the time being within seven days after such right shall have accrued) then the assetts belonging to the said Work including debts shall be sold by public auction and the net produce of the said assetts after discharging all claims and demands in respect of the same work shall be equally divided between thesaidHenry Mayhew Mark Lemon Joseph Stirling Coyne Ebenezer LandellsandJoseph Lastor (as the case may be) the survivor of them and the executors or administrators of him or them who may be deceased.
Nineteenth.
Thatin case the said Work shall be discontinued and the parties hereto cannot agree upon any other mode of winding up the affairs of the said Work then the assetts belonging to the same Work including debts shall be sold by public auction and the net produce of the said assetts after discharging all claims and demands in respect of the same work shall be equally divided between the saidHenry Mayhew Mark Lemon Joseph Stirling Coyne Ebenezer LandellsandJoseph Lastor (as the case may require) the survivors of them and the executors or administrators of such as may be dead.
Twentieth.
Thatin case any dispute or question shall arise between the parties hereto their executors or administrators or any of them concerning any stipulation herein contained or otherwise concerning the said Work (which cannot be decided under the clause herein contained Numbered 16) then the grounds of every such dispute or question shall upon the request of any one or more of the parties in difference and within three days after such request be reduced into writing and signed by the parties in difference or by the parties complaining and shall be referred to the arbitration of two indifferent persons one to be named by the person or persons who shall take one side of the matter in difference and the other to be named by the person or persons who shall take the other side of the matter in difference And that in case the person or persons who shall take either side of the said difference shall refuse to name a referee within seven days after notice in writing for that purpose to be left at the said Publishers Office for the time being then the grounds of every such dispute or question shall be reduced into writing and signed by the person or persons who shall take the other side of the difference and to be referred to the arbitration of two indifferent persons to be named by the person or persons who shall sign the said last mentioned writing And in case the two referees to be named by both or one of the said parties as aforesaid cannot agree on an award then to the Umpirage and arbitration of such one person as the referees shall appoint by any writing under their hands such Umpire to be appointed by the said referees before proceeding in the matter of the said reference and if from any cause such Umpire shall not be appointed by the said referees within three days after their appointment then the same shall be appointed by the Clerk of Nisi Prius of the said Court of Queens Bench upon the application of either party in difference who shall first make application to him for that purpose And that such person or persons who shall be a party or parties to such reference on the one part shall enter into a bond of reference with the person or persons who shall be a party or parties to the said reference on the other part and in the usual form to stand to obey and keep the same Award or determination when made without any further suit or trouble whatsoever And that the Award or determination which shall be made by the said two referees or their Umpire concerning the Premises referred to them or him or any part thereof shall be final and conclusive on the said parties their respective executors and administrators So that such referees shall make their Award in writing within seven days next after such reference to them and so as such Umpire shall make his determination in writing under his hand within seven days next after the matter shall be referred to him And that every Bond of reference shall be made a rule of Her Majestys Court of Queens Bench at Westminster on the application of either of the said parties to the same reference his or her executors or administrators and that the reference shall not be defeated or affected by the decease of all or any of the parties thereto pending the same and that no Suit at Law or Bill in Equity shall be brought commenced sued or prosecuted against the said referees or their Umpire touching or concerning their Award or determination.