AGREEMENTS.
Coach.

Penalty.

by giving public notice thereof by advertisement in the London Gazette, or any daily newspaper published in either of the counties of

and whereupon the same shall be dissolved and put an end to accordingly, and all accounts, matters, transactions, and things then subsisting between the said parties, by virtue of these presents, or relative to the concern, shall be forthwith made up, adjusted and settled,according to the resolutions or agreements which at such meeting shall or may be passed or entered into concerning the same, and the balance thereof divided and paid between or to the several proprietors (whether profit or loss) in or according to their shares and proportions in the said concern; and such mutual receipts, and releases, and indemnities shall be executed and given them respectively, as the case or cases shall require. AND for the punctual performance of the several articles and agreements hereinbefore contained, and specified in the schedule hereunder written, by the respective parties hereto, each of them the said parties for himself, his executors, administrators, and assigns, doth hereby bind himself and them unto the other and others of them respectively, his and their respective executors, administrators, and assigns, in the penal sum of £ IN WITNESS, &c.

(1)

AGREEMENTS.

Coachmaker.

No. XXIII.

*An Agreement with a Coachmaker for the Hire of a Chariot, and keeping it in Repair.

Variations where it is with a Stable-keeper for the Hire of a pair

of Horses.

ARTICLES of agreement made the

day of

in the year

BETWEEN (a coachmaker) of, &c., [or a stable-keeper] of, &c., of the one part, and (employer) of, &c., of the other part.

day of

WITNESS. Coachman cove

WHEREAS the said (employer) has agreed with the said (coachmaker) for the hire of a chariot and harness [or (stable-keeper) for the hire of a pair of horses and driver] after the rate, and upon other the terms and conditions hereinafter mentioned: Now THESE PRESENTS WITNESS, that the said (coachmaker) doth hereby covenant and agree nants to provide with the said (employer), that he the said (coachmalter), his executors or administrators, shall and will at his or their own expence on or before the next, provide (1) [a new well-built chariot with a good hammercloth and harness, for one pair of horses, and other proper accoutrements, to the reasonable good liking of the said (employer), to be at all times for the use and at the command of the said (employer), his family and friends, for the term or period of determinable nevertheless as hereinafter mentioned) after the rate of for each (month). AND that he the said (coachmaker), his executors and administrators, shall and will at his and their own proper charge, from time to time, and at all times, maintain, amend, and keep the said chariot, harness and accoutrements, in good and

(1) If the agreement be with a stable-keeper for the hire of a pair of horses, say (instead of what follows in brackets),

"Two good, strong, gentle, and active horses, well paired or matched, and a good, skilful and civil driver, to the reasonable good liking of the said (employer), and in case the said horses or driver, or either of them, shall at any time be ill, out of health, or disabled, shall and will forthwith provide another or other like horses or driver respectively as aforesaid, and so as often as any such case may happen or occasion shall require.

Horses.

AGREEMENTS.

Employer cove

nants to pay, &c.

proper order, repair, and condition, (save only with respect to any Coachmaker. sashes or glass which may be accidentally or otherwise broken by the said (employer), his family or friends,) and repair or mend any damage which may happen to the said chariot, by being overturned, or other violence or accident, and make good any thing belonging thereto which may happen to be lost or stolen therefrom at any time whilst under the care of the said (coachmaker) or his servants, except the same happen or be occasioned by or through the default of the said (employer) or his servants, and except during the time the said chariot or harness shall be on the premises, or in the custody of the said (employer).] AND in consideration of the premises aforesaid, the said (employer) doth hereby covenant and agree with the said (coachmaker), that he the said (employer), his executors or administrators, shall and will, on the day of in each during the subsistence of this agreement, well and truly pay or cause to be paid, unto the said (coachmaker), his executors, administrators, or assigns, the sum of £ of lawful money of England. PROVIDED ALWAYS, that in case the said (employer) shall depart this life during the subsistence of these presents, the same shall be and be considered as at an end and determined on the expiration of next thereafter, upon a due proportion of the said monthly sum of L being paid or lawfully tendered up to that time. AND, &c. (a clause empowering either party to dissolve the agreement on notice (1) and for referring differences to arbitration (2) may here be added.) IN WITNESS, &c.

Dissolution of agreement.

No. XXIV.

Agreement between a Vendor and Purchaser for retaining a part of the Purchase Money until a Defect in the Title by reason of the Minority of one of the Vendors, or the like) be removed (1).

AGREEMENTS.

Defect of Title.

day of

,

ARTICLES of agreement made the
, in the
year of our Lord 18, BETWEEN (the vendor) of, &c. of the one part
and (the purchaser) of, &c. of the other part. WHEREAS by articles
of agreement bearing date, &c. (recite the articles if any, and if
not recite) WHEREAS the said (purchaser) hath agreed with the
said (vendor) for the purchase of the fee simple and inheritance
of, &c. (free from incumbrances) for the sum of £ AND where-
as the title of the said (vendor) hath been objected to by the counsel
of the said (purchaser) by reason of the same not being regularly
deduced from, &c. or by reason that A. B. who is entitled unto one
moiety to the said hereditaments is under the age of twenty-one
years, or that the said hereditaments are chargeable with the payment
of the sum of £ at a time which is not yet arrived (or otherwise
as the case may be), but the said (purchaser) hath notwithstanding,
agreed to accept of the same upon being permitted to retain the sum
of L , part of the purchase money, in his hands for such time
and purposes, and subject to such agreements as hereinafter are men-
tioned concerning the same. AND whereas in pursuance of the said
agreement the said hereditaments by indentures of lease and release,
the lease bearing or intended to bear date the day next before the re-
lease, and the release bearing or intended to bear even date with these
presents, have been conveyed to the said (purchaser) accordingly,
upon the payment of the sum of £

WITNESS.

only. Now THESE Sum retained PRESENTS WITNESS, that it hath been and is hereby declared and shall be applied, agreed by and between the said (vendor) and (purchaser) that the &c.

(1) For other deeds, &c. relative to purchase money either retained Deeds of indemor invested for the purpose of indemnifying against defect of title, or nity. against incumbrances, see post. "BONDS," "COVENANTS," "IN

DEMNITY."

AGREEMENTS.

said sum of £ ·

Defect of Title. L

(part of the said purchase money, or sum of

) so retained by the said (purchaser) as aforesaid, shall remain in the hands of him the said (purchaser), his executors, and administrators, (at such interest in the meantime as hereinafter is mentioned) until months after the said shall attain his age of twenty-one years, or depart this life under that age, [or as the case may be] (1) and then be paid unto the said (vendor), upon he the said (vendor) or his heirs, or other person or persons claiming as aforesaid, legally and effectually conveying, confirming, and assuring, the said hereditaments unto the said (purchaser), his heirs and assigns, or otherwise as he or they shall lawfully direct. AND the purchaser to pay said (purchaser) doth hereby for himself, his heirs, executors, administrators, and assigns, covenant, promise, and agree to and with the said (vendor), his executors, administrators, and assigns, in manner following, (that is to say) that he the said (purchaser), his heirs, executors, administrators, or assigns shall and will well and truly pay or cause to be paid the said sum of £ so retained and remain

Covenant by

the purchase

money,

and interest in the mean time.

ing in his hands as aforesaid, unto the said (vendor), his executors, administrators, and assigns, at the time hereinbefore in that behalf mentioned, upon the said hereditaments being conveyed and assigned to him, his heirs and assigns, in the manner aforesaid. AND further that in the meantime, and until the said sum of L shall be paid as aforesaid, he the said (purchaser), his heirs, executors, administrators, or assigns shall and will pay or cause to be paid unto the said (vendor), his executors, administrators or assigns, interest for the same, after the rate of £ per cent. per annum, by equal payments on the day of &c. in every year. PROVIDED always nevertheless, and it is hereby agreed and declared paid if default in by and between the said (vendor) and (purchaser), that in case the title of the said (vendor) to the said hereditaments shall not be legally and effectually confirmed unto the said (purchaser) in pursuance and according to the true intent and meaning of the agreement hereinbefore in that behalf contained, within the space of six months next after the said (vendor) shall have attained his age of twenty-one years, or after his decease under that age, then and in such case and from thenceforth, the covenant and agreement hereinbefore contained on the part of the said (purchaser), for the payment of the said sum of £ and interest as aforesaid, shall cease, de

Covenant for money not to be

confirmation.

(1) If the money is retained on account of legacies or portions not yet payable or claimed upon the estate, see post "INDEMNITY."