AGREEMENTS.

Expences.

Future occupiers of lands to be at liberty to become parties.

of committee to

to, or any of them. PROVIDED ALWAYS, and it is hereby further covenanted, declared, and agreed, by and between all and every the said parties to these presents, that as often as any of the said inhabitants, parishioners, or occupiers, shall happen to quit or leave the farms, lands, tenements, or hereditaments, which he, she, or they now occupy respectively, all and every such person or persons who shall take and occupy such farms, lands, tenements, or hereditaments, in his, her, or their room, either immediately after or at any subsequent or future time, shall be at liberty to execute these presents, and shall thereupon be entitled to the same or like benefit and advantage, as the person or persons to whom he, she, or they shall succeed would or might have been entitled to by virtue thereof, in case he, she, or they had continued such inhabitants and occupiers as aforesaid. AND it is hereby further covenanted, declared, and agreed, Appointment that for the more easily and speedily raising such money as may from manage the protime to time be wanted for the purposes aforesaid, and for the better ceedings. carrying into execution the covenants and agreements herein contained, and other the ends and intents of these presents, they the said inhabitants, parishioners, and occupiers, whose hands and seals are hereunto set and subscribed, HAVE nominated, authorized, constituted, and appointed, and by these presents Do nominate, authorize, constitute, and appoint (certain persons as a committee to conduct the suit) to be a committee of managers or directors, in or concerning the matters aforesaid, who shall or lawfully may at any time or times hereafter, and from time to time as often and in such manner as they shall see occasion or think fit, cause notice to be given in the parish church of aforesaid, of or for a meeting of the said members of the said committee for the time being, to be holden upon all or any of the matters or things relative to any the suit or suits aforesaid, with full and absolute power for such committee, at every or any of the said meetings to make and give such orders and directions for raising and levying money, for defending or carrying on the said suit or suits, and for appointing any solicitor or solicitors for that purpose, and otherwise effectuating the ends and purposes of these presents, in such manner as they in their discretion shall think proper; and at every which said meetings, it is hereby declared that the opinions and votes of the major part of the committee, or of any of them who shall be then present upon any question or proposition to be then discussed, shall be binding upon the other and others of them, and the several persons who shall or may be parties hereto for the time being. AND for the satisfaction of all and every the parties who shall not attend at such meeting or meetings, the said committee

Acts of commitparties.

tee to bind the

Committee to

cause other resolutions to be registered.

AGREEMENTS.

Expences.

by assessment of committee.

Vacancies in committee to be

shall by a clerk, to be by them for that purpose nominated, and to whom they are hereby authorized to make a reasonable allowance or compensation, cause to be fairly entered all and every the resolutions and proceedings which shall be made or had at such meeting or meetings, into a book or books to be kept for that purpose, and shall and will subscribe their respective names thereto, and which said book or books shall during the hours of

on every

in each week, be open to the inspection of the rest of the said inhaParties will abide bitants, occupiers, and parties hereto. AND all and every of the said inhabitants, parishioners, and occupiers, parties hereto, do hereby severally and respectively for themselves, and their respective heirs, executors, and administrators, but not any one or more of them, for any of the other or others of them, covenant, promise, and agree, with and to each other, and the executors, administrators, and assigns of each other, that they and each and every of them (each covenanting separately and apart as aforesaid) shall and will obey, observe, perform, fulfil, pay, and keep all such orders, assessments, and directions, which shall be made or given by the said committee, provided the same be made and entered as hereinbefore directed, and that they or any or either of them, shall not nor will resist, delay or defeat, or in or by any way or means attempt to resist, delay, or defeat, any remedy, steps, or proceedings which the said committee shall or may use or take or direct to be used or taken for recovering or compelling payment thereof. AND it is hereby further mutually agreed between all and every the said parties hereto, that upon the death or deaths of any one or more of the persons so appointed of the said committee as aforesaid, or other the committee for the time being, or in case any one or more of them shall be minded and desirous to resign his or their place or places, or shall happen to quit or leave the farms, lands, tenements, and hereditaments, by them respectively occupied within the said parish, so that by any of the means aforesaid, or otherwise, the said committee shall be reduced to a less number than seven, then and in any of the said cases, such remaining seven, together with the rest of the persons whose hands and seals are or shall then be hereunto set and subscribed, shall and may elect and choose others of the said inhabitants, parishioners, and occupiers, parties hereto, to succeed and supply the place or places of him or them so dying, resignDifferences be- ing, quitting, or leaving the said lands, or parish, as aforesaid. AND tween parties to it is hereby further expressly agreed by and between all and every opinion of majo- the said inhabitants, parishioners, and occupiers, parties hereto, that if any dispute or difference of opinion shall happen to arise between them, touching or concerning the construction of these presents, or of

filled up.

be decided by

rity.

AGREEMENTS.

Expences.

any covenant, agreement, clause, matter, or thing herein contained, then and in such case, and as often as any such shall happen, the same shall be finally determined and settled by the vote or opinion of the major part of the said parties hereto for the time being, whose resolution or determination respecting the same, shall be binding and conclusive upon all and every other the parties and party interested in the question concerning which such dispute or difference of opinion shall arise or subsist. AND LASTLY, each and every of the said in- Penalty. habitants, parishioners, and occupiers, parties hereto, do and doth firmly bind himself, herself, and themselves, and his, her, and their respective heirs, executors, and administrators, to the other and others of them, his, her, and their respective executors, administrators, and assigns, in the penal sum (1) of for the due and faithful observance of all and every the covenants and agreements, clauses, matters, and things in these presents contained, according to the true intent and meaning of the same, to be so determined in case of dispute as hereinbefore mentioned. IN WITNESS, &c.

(1) Of penal sums, see ante, MoD. PREC. Vol. I. p. 15.

AGREEMENTS.

Expences.

No. XXXV.

*An Agreement between Assignees under a Commission of Bankrupt (or other Creditors or Persons) to bear the Expences of Suits in proportion to their respective Debts or other Interests.

ARTICLES of agreement made this

day of

day of , in the year of our Lord BETWEEN (assignees) of, &c. (assignees of or under a commission of bankruptcy issued against (bankrupt) of, &c.), of the one part, and (other creditors) of, &c., creditors under the said commission, of the other part. Whereas a commission of bankruptcy was on or about the issued out, and is still in force, against the said (bankrupt); ANd whereas, &c. (recite shortly the proceedings under the commission); And whereas there is now justly due from the said bankrupt's estate, to the said parties hereto, the several sums set opposite to their respective names, in the schedule hereunder written [and (if so) which said sums have been duly proved before the said commissioners]. AND WHEREAS divers actions or suits have been, [or are expected to be] instituted against [or are intended to be instituted by] the assignees (or other parties), in the prosecuting [or defending] which said suits or actions various sums of money may be expended or obliged to be paid by the said (assignees) as plaintiffs [or defendants] therein. And whereas the said suits or actions having been instituted or defended with the privity and consent of the said (other parties), they have severally agreed to bear and defray an equal and WITNESS. proportionate part thereof. Now THESE PRESENTS WITNESS, that each and every of them the several parties hereto, for himself and for proportion of ex- his executors and administrators, doth hereby covenant and agree with the other and others of them respectively, and his, her and their respective executors, administrators and assigns, in the manner following, (that is to say) that all costs, charges and expences whatsoever, which already have been, or which shall or may at any time or times hereafter be paid, disbursed or expended, in the suing forth or carrying on the said commission, or in instituting, prosecuting, defending or carrying on the said several suits, actions or proceedings so

Parties agree

to bear equal

pences.

AGREEMENTS.

Expences.

instituted, or which shall or may be instituted by or against them the said (assignees), on the part or behalf of themselves, and other the said parties hereto, shall be borne and sustained by all and every the said parties hereto, and their respective executors, administrators and assigns, rateably and proportionably, according to the amount of their several and respective debts, set opposite to their respective names in the schedule hereunder written. AND each of them tlie And indemnify each other. said parties secondly hereinbefore named doth covenant and propose to and with each of the said parties firstly hereinbefore named, that they the said parties secondly hereinbefore named, and their respective executors and administrators, shall and will at all times and from time to time, well and truly pay their said respective parts and proportions, unto them the said parties firstly hereinbefore named, and their respective executors, administrators or assigns, upon lawful demand being thereof to them respectively made; or otherwise effectually save harmless and indemnify them the said firstly named parties respectively, and their respective executors, administrators and assigns, from and against the same, any judgement, decree or order of any court of law or equity to the contrary in anywise notwithstanding. IN WITNESS, &c.

SCHEDULE ABOVE REFERRED TO.