AGREEMENTS.

Pay Expences.

No. XLIX.

* Agreement on the Sale of a Ship and Freight for the Purchaser to pay the previous Expence of Outsets, &c.

Agreement to

pences.

WHEREAS A. B., of, &c., by writing or bill of sale under his hand and seal, bearing even date herewith, for the considerations therein mentioned, did sell to C. D., of, &c., one full and equal thirty-second part of and in all that ship or vessel called the of the burthen

of

tons, or thereabouts, now, &c. AND whereas, before and at the time of the sealing the said recited bill of sale, it was agreed between the said A. B. and C. D. that the said C. D., his executors and administrators, should pay all or any debts or sums of money which might be owing and unpaid on account of the said part of the said ship, for her outset for any former voyage or voyages, or otherwise, if any such should be due. Now therefore the said pay previous ex- C. D., in consideration of the said sale so to be made, and in pursuance of the said agreement, doth hereby, for himself, his executors and administrators, covenant, promise, and agree, to and with the said A. B., his executors, administrators, and assigns, that he the said C. D., his executors and administrators, shall and will bear and pay all such debts, sum and sums of money which, at or before the day of the date hereof, are or may be due, owing, and unpaid on account of the said thirty-second part of the said ship to him sold as aforesaid, for or on account of the said ship's outset for any former voyage or voyages, or otherwise howsoever, and thereof and therefrom, and from all actions, suits, payments, charges, and damages by reason thereof, shall and will, at all times hereafter, save and keep harmless and indemnified the said A. B., his executors and administrators, and his and their goods and estates. IN WITNESS, &c.

No. L.

*An Agreement between Merchants or Owners of a ship and cargo with another Owner to pay their proportion of Bills drawn by the Captain or Master.

AGREEMENTS.

Pay Bills.

day of

in the year

BETWEEN us whose hands and seals are hereunto
of the
is master of the one

or thereabouts, whereof

Now WITNESS

ARTICLES of agreement entered into this
of our Lord
subscribed, part owners of the ship or vessel called the
burthen of
part, and A. B., of, &c. part owner also of the said ship, of the
other part. WHEREAS the said ship is bound on a voyage to
and it has been agreed by and between the several parties hereto,
that the said (master) shall draw upon the said A. B. for all sums
which may be necessary for the use of the said ship during his
said voyage, and until his return to the port of
THESE PRESENTS, that we the said parties hereunto first named,
and each of us do and doth, for ourselves and himself severally and
respectively, and for our respective executors and administrators, but
not jointly, nor any one or more of us for the other or others, nor
the acts, deeds, or defaults of the executors or administrators of the
other or others of us, hereby covenant, promise, and agree with
and to the said A. B., his executors and administrators, that each
of us respectively, our respective executors and administrators,
according to our several parts of and interests in the said ship
or vessel, as severally acknowledged by our names hereto sub-
scribed, shall and will pay, or cause to be paid, unto the said
A. B., his executors or administrators, our several shares and pro-
portions of all and every sum and sums of money which shall
become due and payable upon or by virtue of any bill or bills which
shall or may be drawn upon the said A. B. by the said (master), or
other the master for the time being of the said ship or vessel during
her said intended voyage, and accepted by him the said A. B. with-
out fraud or covin, for or on account of the said ship or vessel, or the
owners thereof, when and as any such bill or bills shall from time to

Recital.

WITNESS. Parties agree to pay equal proportions of bills

to be drawn.

-AGREEMENTS.

Pay Bills.

time become payable, and demand thereof to us respectively made: AND we do severally authorize the said A. B. to accept all or any such bill or bills which the said (master) shall draw upon him for or on account of the said ship or vessel, or the owners thereof, and which the said A. B. shall in his discretion think just and fit, and proper to be accepted. IN WITNESS, &c.

No. LI.

An Agreement for a Deed of Partition between Joint-tenants of
Freehold lands (1).

Variations where the parties are Tenants in common, or Copar-
ceners. Also where the premises are Copyhold or Leasehold.
And where either of the parties are married.

AGREEMENTS.

Partition.

ARTICLES OF AGREEMENT, entered into this

of our Lord

day of

BETWEEN A. B. of, &c.

for Parties.

in the year
himself, his heirs, executors, and administrators, of the one part,
and C. D. of, &c.
for himself, his heirs, executors, and
administrators, of the other part, as follow, that is to say: WHEREAS
the said A. B. and C. D. are scised to them, and their heirs, in

sirable.

(1) The obstacle which an undivided interest with others, in an Severance of estate, occasions to its alienation, and other inconveniences attend- joint estates de ing it, particularly where it is holden in joint-tenancy, to which survivorship is incident, make it very desirable that a partition should be effected as soon as possible, and where this cannot be immediately perfected, an agreement may be entered into between the parties for that purpose, and which in the case of a joint-estate, by discharging the unity of interest, is alone sufficient in equity to prevent the jus accrescendi; Co. Lit. 188. 193; Frewen v. Relfe, 2 Brow. Ch. Ca. 224; Browne v. Raindle, 3 Ves. Jun. 257. And on account of the inconve- Joint tenants, niences above alluded to, and see Haws v. Haws, 3 Atk. 524, as well &c. compellable tenants in common, as joint-tenants, are now by 31 Hen. 8. Cap. 1. and to make parti32. ib. Cap. 2. (contrary to the ancient law; Lit. s. 290. 318; Co. Lit. 187. a.) compellable to make partition of their freehold lands, at the request of either party; and see Attorney Gen. v. Vigor, 8 Ves. 282; Whaley v. Dawson, 2 Sch. and Lef. 372; but these statutes do not extend to copyholds; Gilb. Ten. 185; Co. Coph. s. 54; Rowden v. Malster, Cro. Car. 44; Scott v. Fawcett, 1 Dick. 293; and such parti- Partition not intion will not be invalidated by the circumstance of the possibility of other validated by the possibility of persons (as after-born children) afterwards becoming entitled under the future persons limitation by which the estate was created; Wills v. Slade, 6 Ves. 498. becoming enti

tion.

tled.

AGREEMENTS.

Partition.

Agreement to make partition.

Parties will concur in effecting a partition.

joint-tenancy (1), in possession (2) of certain messuages, lands, and
hereditaments, situated at
in the county of

,

, under

or by virtue of the last will and testament of E. F. late of, &c. deceased (3). AND WHEREAS the said (joint-tenants) have agreed to make such partition of the said estates, as hereinafter is particularly expressed or referred to (4). NOW THESE PRESENTS WITNESS, that in pursuance of the said agreement, and in order to the execution thereof, they, the said (joint-tenants) do for themselves severally and respectively, and for their several and respective heirs, executors, and administrators, covenant, promise, and agree, to and with each other, and the heirs, executors, and administrators, of each other, that each of them, the said (joint-tenants), and their respective heirs and assigns, shall and will make, do, and execute, and join and concur in doing and executing, all such acts, deeds, con

Tenants in com

mon.

Coparceners.

Reversion.

Leaseholds.

Wife, &c.

(1) If the partitioners be tenants in common, say,

"WHEREAS, the said A. B. and C. D. are seised, or entitled to, in their, and each of their demesne, as of fee, of several and distinct undivided shares and interests, in the fee simple, as tenants in common, of certain messuages, lands, and hereditaments, situated at under, or by virtue of a certain indenture of settlement, bearing date the and made, or expressed to

be made, between, &c.

day of

If the partitioners be coparceners, say,

"AND WHEREAS the said A. B. and C. D. are seised to them, and their heirs, in coparcenary, of certain messuages, lands, and hereditaments, situated at

ants of

in the county of

late of

deceased.

,

(2) A partition is equally capable of being made of a reversionary estate, as of one in possession. See Fearne, P. Wks. 243. If therefore the estate be in reversion, say,

"In reversion expectant upon the decease, or other sooner determination of the estate for life of (the tenant for life.")

(3) If the premises be leasehold, say,

"AND WHEREAS the said A. B. and C. D. are possessed of, or entitled, as joint-tenants, or tenants in common (as the case may be), to certain leaschold messuages, or tenements, and premises, situated

(4) If either of the parties have a wife living, see variation post. p. 180, n. *, which is also adapted to other circumstances.