AGREEMENTS. Amount of parcel-booking to be retained by first parties. Accounts to be kept and made up monthly. Monthly meetings to be held. Differences to be decided by majority. ceed at inn or either of the stages or places to or through which the same may (1) See the regulations of 50 Geo. III. c. 48. and 3 Geo. IV. c. 95. relative to stage coaches. , at AGREEMENTS. notice. Coach. vote, and which decision shall be binding upon all parties interested therein, whether present at such meeting or not, until the then next meeting of proprietors, when the same may be again the subject of consideration, and confirmed or annulled. THAT each of the Parties may parties hereto shall be at liberty at any time to withdraw from the withdraw on concern, upon giving to the said parties of the first and second parts, or either of them, twenty-eight days' previous notice thereof, in writing of such his or their intention, and specifying the name and description of some fit and competent person or persons, who will, and is or are prepared to take upon himself or themselves, the duty, liability, risk, and expense, of the party or parties who shall so be desirous to withdraw from the said concern. AND that upon receipt of every such notice by either the said parties hereto of the first and second parts, he shall forthwith summon a meeting of all the then proprietors, to be held at the sign of the aforesaid, within days next thereafter for the consideration of such notice and of the fitness of the person or persons therein proposed to be admitted into the said concern; and in case he or they shall be approved, then the said parties here to of the first and second parts, or one of them, shall make up, settle and adjust all accounts then subsisting with the party or parties so withdrawing, and shall demand and receive, or pay from or to him or them all such balance as shall thereby appear to be due and owing to or from him or them, and to give such receipts and releases as the case may require upon the said party or parties so withdrawing; giving to them the said parties proper security and indemnity against any costs of any action, suit or defence, or cause of action, suit or defence, which may then be subsisting or have arisen relative Admission of to the said concern. THAT upon the admission of any new party or new proprietors. parties into the said concern, he or they shall sign an indorsement to be made hereon testifying his assent to the terms and conditions hereof, and obliging him, his executors and administrators, to stand in the place of the party so withdrawing, and to abide by the said terms and conditions in all respects, as to, for, in, and concerning his share, liability, duty, risk, and benefit in the said concern. PROVIDED always, and it is hereby lastly declared and agreed, that if it should at any time appear to the several proprietors or any two of them, they or any of them, necessary or, advisable to call a meeting of proprietors at the inn aforesaid, by 14 days' previous notice, at which meeting the major part of proprietors present (of whom the largest proprietor in case of an equality of votes, and if there be no largest proprietor, then the chairman, shall have a casting vote), shall be competent and have authority to put an end to and dissolve the same or Dissolution of the concern. 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. THE SCHEDULE, OR TABLE ABOVE REFERRED TO. (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. 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 with the said (employer), that he the said (coachmaker), his executors or, administrators, shall and will at his or their own expence on or before the day of 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. SUP.-VOL. I. K WITNESS. Coachman cove nants to provide chariot, &c. Horses. AGREEMENTS. 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 Employer cove 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 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 nants to pay, &c. Dissolution of agreement, F day of in each 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. |