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Agent.

Agent will, at the expiration of term, deliver up

AGREEMENTS said (principal), he the said (agent) shall and will state and make out a full account and statement in writing of the stock then being in the said trade, and also of the profits of the said trade during the preceding year, and deliver the same under the hand of him the said (agent) to the said (principal), in order that the exact and true state of the said business in all respects may appear. AND that at the expiration or other sooner determination of the said term of years, he the said (agent), [his executors or administrators,] shall and will deliver up to him the said (principal), [his executors or administrators,] the stock then remaining on hand, and all books of account, securities, vouchers, and documents relative to the said trade or business for his or their own use and benefit ; and which said stock in trade shall then be or be made up by the said (agent), of the value of £ losses by bad debts, delay of goods, and other inevitable casualties only excepted. (Add proviso for vacating the agreement on notice by either party (1), and clause referring differences to arbitration, &c. (2). IN WITNESS, &c.

stock on hand.

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If there be sureties on the part of the agent, add,

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"And the said (sureties) hereby jointly and severally agree to pay and satisfy to him the said (principal) any damage or loss he may sustain in consequence of any breach of this agreement on the part of him the said (agent), by giving credit for goods sold or delivered, so as the same shall not exceeed the sum of £ which said sum of £ or such part thereof as shall at any time appear to be deficient, it is hereby agreed shall be considered a debt due from each and every or either of them the said (sureties), and shall and may be recovered and recoverable in any court of law or equity in the same manner as any other debt or debts contracted by him or them are or may be recovered; and it is hereby further agreed by the said (agent and sureties), that in case the payments to be made to the said (principal) shall at any time be in arrear for the space of twenty-one days, he the said (principal) shall be at liberty to sell and dispose of all or any of the household goods, furniture, and other effects of him the said (agent), for and towards the payment and satisfaction of such arrears, in such and the same manner as if the same household goods, furniture, and other effects had been and were the actual property of him the said (principal). IN WITNESS, &c.

No. VI.

* An Agreement by a Society of Tradesmen for appointing an Agent AGREEMENTS to prevent abuses and impositions by their Country Dealers (1).

Agent.

ARTICLES of agreement indented, made, concluded, and mutually agreed upon the in the year of our Lord

of

(1) The numerous frauds which were practised relative to the important Butter and articles of consumption in the metropolis, butter and cheese, occasioned the cheese. act of 36 Geo. 3. c. 86., placing them within the pale of various legislative provisions, and which relate also to the country agents or factors, who shall buy or sell them for others. But they are so frequently infringed upon, or fraudulently evaded with impunity, that it is common for some of the most respectable London dealers to unite in their individual endeavours to aid the benevolent designs of the state, by appointing factors of their own approval, under restrictive powers, similar to those contained in the precedent given above.

In order to enable the student to adapt the above precedent to other Other articles. trades, besides those to which it is made more particularly applicable, I shall here enumerate such existing enactments relative to the more common trades, &c. See also the act of 5 Geo. 4. c. 74, post, p. 42, as to standard weights and measures.

Bread, by 55 Geo. 3. c. 99. must, within the bills of mortality, weigh (avoirdupois) 16oz. the pound loaf; 17lbs. 6oz. the peck loaf; 8lbs. 11oz. the half-peck; 4lbs. 54oz. the quarter; 2lbs. 24oz. the half-quarter. Bread made in other parts of the kingdom is under assize regulations of 31 Geo. 2. c. 29, which relate to the price and ingredients only; see also 1 & 2 Geo. 4. c. 50.

Beer, (i. e. Porter). Every barrel of beer must contain 36 gallons; kilderkin, 18 gals.; firkin, 9 gals. And ale, the barrel is to contain 32 gals.; kilderkin, 16 gals. ; firkin, 8 gals.

Bricks are by 17 Geo. 3. c. 42. as to size, to be 8 inches long, 2 inches thick, and 4 inches wide. And pantiles, 13 inches long, 94 inches wide, and inch thick. Plain tiles, (by 17 Ed. 4. c. 4.) 104 inches long, 6 inches broad, inch thick. Roof or Cres tiles, 13 inches long, inch and half-quarter thick. Gutter and cover tiles, 10 inches long, and of convenient thickness and breadth.

Buttons are, in their manufacture, under the regulations of various statutes, but chiefly of the 36 Geo. 3. c. 60.

Candles, under that of 59 Geo. 3. c. 90., and some other acts.

AGREEMENTS 18

Agent.

Recitals.

WITNESS.

To prevent abuses in the weight, &c.

of butter, &c.

The cheesemongers, &c. authorise

an agent

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and

Between (principals) of, &c., and the several other persons whose names are hereunder subscribed, and seals affixed, (traders in in the city of and places adjacent), of the one part, and (agent) of, &c. of the other part. WHEREAS several abuses and frauds have been heretofore, and are continued to be committed in the weight or false package of [butter,] by several persons in the counties of and elsewhere, in breach and contempt of a statute made in the 36th year of the reign of, &c., entitled, "An act," &c.; and although various penalties are provided by the said statute for preventing and punishing the said abuses, yet for want of due encouragement to put the same into execution, the same, or many of them still remain unreformed, to the great detriment of the dealers in the said trade, and the public at large: Now THESE PRESENTS WITNESS, that to the end and intent the same abuses, so far as they do or may exist in the said counties of , may be reformed or checked, and that all offenders therein may be effectually prosecuted upon the said statute, or other statutes in force for the time being, they the said several persons whose names are hereunto subscribed, and seals affixed (being traders, or dealers in, &c.) do, and each and every of them doth severally and respectively, but not jointly or for each other, covenant, promise, and agree to and with the said (agent) by these presents, in the manner following (that is to say), that they the said

Coaches, 43 Geo. 3. c. 161.

Cordage, 25 Geo. 3. c. 56.

Cutlery, 59 Geo.3. c. 7.

Firearms, 53 Geo. 3. c. 115., and 55 ib. c. 59.

Fireworks, 9 & 10 Wm. 3. c. 7.

Frameworks, 6 Geo. 3. c. 29.
Glass, 2 ib. 1. s. 28.

Gunpowder, 12 Geo. 3. c. 61.
Hats, 51 Geo. 3. c. 70.
Hides,

Leather, S

39 & 40 Geo. 3. c. 66., and 48 Geo. 3. c. 71.

25 Geo. 3. c. 22., and various former acts.

Linen, 4 Geo. 3. c. 37.,

Paper, 1 Geo. 4. c. 58.

Pamphlets, 60 Geo. 3. c. 9.

Plate, 12 Geo. 2. c. 26., 24 Geo. 3. c. 53., 59 ib. c. 32.

Silk, 13 & 14 Car. 2. c. 15., 13 Geo. 3. c. 68.

Soap, 59 Geo. 3. c. 90.

Woollen manufactures, 11 Geo. 2. c. 28., 17 Geo. 2. c. 5., 6 Gco. 3. c. 23., 49 Geo. 3. c. 109., 50 Geo. 3. c. 83.

Weights and Measures, 35 Geo. 3. c. 102., 37 ib. c. 143., 55 ib. c. 43., and see the late act of 5 Geo. 4. c. 74. for the regulation of weights and measures, post, p. 42. Rider A.

in certain

several persons subscribing and executing these presents, do hereby, AGREEMENTS as much as in them lies, fully and absolutely authorize and empower Agent. the said (agent) and his assigns, to buy and purchase in the said counties of or elsewhere, as many pots for the putting in, to buy butter and potting and packing of butter (1), (or, as the case may be) as places. he or thay shall think fit, and as shall be necessary or proper for that purpose, the same to be at the prices and sizes, and marked as follows, that is to say, the price not to exceed per dozen, for Prices. such pots or packages as shall be glazed, and not to exceed dozen for such pots as shall be unglazed; and that every such Sizes. pot or package shall be of such size as to hold at least and that each of such pots or packages shall, besides the mark Marks. directed by the said statute, be marked and tarred with the letters

per

delivered to

farmers, &c.

(being the first letter of the christian and surname of the said (agent), and also with the weight of the said pot. AND that Pots may be he the said (agent) shall and may deliver, or cause to be delivered to farmers and others who shall make, vend, trade, or deal in the said articles or commodities, the said pots or packages at the price, size, and so marked as aforesaid. AND they the said several persons Agent apexecuting these presents, do hereby appoint the said (agent) their sole agent for the purposes aforesaid, for and during the term years, to commence from the

of

day of

day of

but

pointed for years.

take in any butter not so

or elsewhere, marked, &c.;

next

determinable nevertheless as hereinafter mentioned. AND also they Factors not to do hereby severally and respectively direct all and every of their respective factors and agents in the counties of not to buy, receive, or take after the ensuing the date of these presents, from any person whomsoever so making, vending, trading, or dealing in the commodities aforesaid, any other pots or packages on their or either of their account, but such only as shall be so sized and marked, and filled in the manner aforesaid; and for which purpose they the said factors and agents are hereby requested and directed to enter into proper articles with the said (present agent) that they will not

(1) This form, with some little alteration, was extracted from Wood's Wood's ConBody of Conveyancing, where the subject of the agreement related to the veyancing. above articles; and considering it likely to be a useful guide for preparing the draft of an agreement for the prevention of imposition upon the London dealers in any other articles or commodities, it is here inserted. For although the author cannot recommend the present forms in Wood to be depended upon by a young practitioner, yet it contains very many of general utility in practice, and the Author has disdained no legitimate source which might assist him in preparing a copious collection of precedents for general use.

AGREEMENTS receive or take any pots or packages of [butter] on their account, other than such as shall be so filled, sized, and marked as aforesaid: Agent. AND further, that they the said parties hereto, or any or either of Nor will parties them (each of them severally covenanting as aforesaid), shall not nor will receive any other pots or packages of

themselves.

&c.

from any

other person or persons whomsoever in the counties aforesaid (except as aforesaid) than such only as shall be filled, sized, and Agent's salary, marked as aforesaid. AND further, that they the said several parties to these presents, shall and will during the said term of years (determinable as aforesaid) allow and pay him the said (agent) or his assigns, in consideration of his trouble as their agent or factor in or concerning the matters and things aforesaid, (and also to the end that he may be enabled to prosecute all or any such person so offending as aforesaid, in case he shall so think fit,) the sum of for every such pot or package of which they shall respectively receive from the said counties of the same to be paid to him or his assigns at

The agent
will act as here-
by directed.

Mutual penalties.

,

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by the respective agents or factors of them the said several parties hereto, on the delivery of, or within days next after their

per pot of

receiving every such pot or package; and in case of any such
agent or factor neglecting or refusing so to do, then the same to
be paid to the said (agent) on demand, by such of the said parties
whose factor or agent shall have been guilty of such refusal or
neglect. AND the said (agent), in consideration of
butter, so to be paid to him as aforesaid, doth hereby covenant and
with and to the said several persons executing these presents,
agree
in the manner following (that is to say), that he the said (agent)
or some person on his behalf, in case of sickness, shall and will
use his constant and best endeavours to furnish all such farmers
and other persons making or vending butter in the counties afore-
said with such pots as aforesaid, and also shall and will give an
account unto the several persons executing these presents, or any
or either of them, if and when thereunto required, of all such pots as
he shall deliver out for the use of any person or persons who shall
require the same; and also shall and will, to the utmost of his
power, take care to have all such pots sized and marked as afore-
said, and that the same shall be of a just and true weight. And
further, that he the said (agent) shall not nor will at any time
during the term aforesaid, mark any other pot or pots than such
only as shall be of such dimension and size as to hold the full
quantity of 20lb. of butter, according to the direction of the said
statute, and the true intent and meaning of these presents. AND

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