No. XXXIV. An Agreement between Parishioners to contribute rateably towards the Expence of a Suit for Tithes, &c. (1). Variations where other persons have a common interest in the subject of the suit (2). AGREEMENTS. Expences. ARTICLES of agreement, indented, had, made and concluded, this day of in the year of our Lord BETWEEN (three or four of the principal parishioners) of the one Parties. whose hands and seals are hereunto set and son to contribute expence of suit. (1) To assist or bear a portion of the expence of a suit of another, in Illegal for a perwhich the party assisting has no interest, is contrary to the rules of common law, Co. Lit. 368. a.; 2 Roll. Ab. 114; D. pl. 1 ; and forbidden by divers statutes; 1 Ric. 2. c. 4; 32 Hen. 8. c. 9; as tending to the encouragement of litigation; but where persons claim a common interest in the same thing, as in a way, church-yard, common, or the like, by the same title, they may lawfully assist each other in the maintenance or defence of any suit concerning it. Haw. P. C. 18. s. 18; 2 Inst. 564; 2 Roll. Ab. 115, 117. If however the rights of the parties be discordant, as by being claimed under different titles, so as to give rise to different causes of action or species of defence, it seems their concurrence in the expence will amount to maintenance, although their interest be in some respect in common between them. See Oliver v. Bakewell, 4 Gwil. 1381. (2) * Although the above form is particularly adapted to a suit insti- Other parties. tuted by or against a parish, yet it may with great ease be made to serve as a precedent for any similar object, where several parties (as the lord of a manor and commoners, associated tradesmen, joint tenants, or others) have a common interest in the subject of the suit, in which cases make those who have already agreed to become parties, of the one part, and such as may hereafter become so, of the other part, as above, recite the commencement of the suit depending or agreed to be instituted as the case may be; and then proceed to the witnessing or operative part of the agreement, post, p. 140, saying "parties hereto," instead of "principal parishioners), and other the inhabitants, parishioners, and occupiers aforesaid." SUP.-VOL. I. M AGREEMENTS. Expences. Recital of suit instituted. ment to defend the suit at the common exper.ce. Covenant by the parishioners to contribute in tions. WHEREAS (the rector) of, &c. term subscribed, of the other part. due from them to him for easter offerings in such year, and that the same or the value thereof respectively might be decreed to be paid Recital of agree to him by the said parishioners and continued to be paid in future. AND WHEREAS the said (principal parishioners) and other the inhabitants, parishioners, and occupiers aforesaid, conceiving that they would be greatly aggrieved by such decree, and therefore materially interested in the event of the suit, have mutually resolved to defend the same at their joint expences, and have agreed to contribute towards the expence thereof, in proportion to the sums at which they shall respectively from time to time be justly rated to the church and of the said parish. poor Now THEREFORE THESE PRESENTS WITNESS, and it is hereby covenanted, declared, and agreed by and berateable propor- tween the said (principal parishioners) and all and every other the inhabitants, parishioners, and occupiers of lands, tenements or hereditaments, within the said parish of who now have or shall or may hereafter become parties hereto, by signing and sealing these presents for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, with and to the other and others of them, and their and each of their respective executors and administrators, that they the said (principal parishioners) and all and every other the said inhabitants, parishioners, and occupiers, shall and will pay and contribute unto the committee to be appointed for the purposes of these presents as hereinafter is provided, from time to time, as and when in the opinion of the said committee, or the major part of them, there shall be occasion, in proportion to the rate or assessment to which they now are or at any time or times hereafter shall be rated or assessed to the church or poor of the said parish, all and every such sum and sums of money as shall be requisite and sufficient to defray all costs and expences incurred, or to be incurred, in defending the said suit, or in defending or prosecuting any other suit or suits which shall or may be prosecuted or commenced by or against the said parish, or any of the parishioners thereof, upon or in relation to the matters or things which may arise out of or be connected therewith, and all costs which shall be decreed against the same parish or parishioners, parties here, 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 solutions to be Acts of commitparties. tee to bind the Committee to cause other re 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 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, resigning, quitting, or leaving the said lands, or parish, as aforesaid. AND 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. Differences between parties to be decided by rity. AGREEMENTS. Expences. any covenant, agreement, clause, matter, or thing herein contained, vance of all and (1) Of penal sums, see ante, MOD. PREC. Vol. I. p. 15. |