No. LXIV. *An Agreement between a Vendor and Purchaser for retaining part of the Purchase Money, until a Minor attain twenty-one and execute Conveyance. ARTICLES of agreement indented made this day of in the AGREEMENTS. Retain Pur chase-money. year of our Lord 18. BETWEEN (the vendor) of, &c., of the one part, and (the purchaser) of, &c., of the other part. WHEREAS, &c. Recitals. [recite shortly the deed or will by which the legacy or portion is charged upon the premises.] AND whereas the said (minor) is at present under the age of twenty-one years, namely, of the age of or thereabouts. AND whereas the said (purchaser) hath lately agreed with the said (vendor) for the purchase of a part of the hereditaments upon which the said legacy or sum of £ is made chargeable as aforesaid, at the price or sum of L but the said (minor) by reason of his minority, being incompetent to join in the conveyance of the said premises, or to release the same from the said sum of £ it was agreed upon the treaty for the said purchase, that the said (purchaser) should retain in his hands the sum of £ part of the said purchase-money, upon and for the trusts and purposes hereinafter expressed, until the said (minor) should attain the age of twenty-one years, [upon &c. (1)]. AND whereas, by indentures of lease and re (1) If the purchaser is to give a bond for payment of the money to the trustees or executors, which in some cases may be reasonably required, as where the premises are leasehold, and the executors or trustees are answerable for payment of the legacy or portion, and the premises are deemed an inadequate security for the sum retained, say, "Upon his entering into a bond for payment thereof, with interest, at the time and in the manner hereinafter mentioned, and the said (purchaser) hath accordingly, by his bond or obligation in writing, bearing even date, become bound to the said (executors or trustees) in the penal sum of £ with a condition thereunder written for making void the same, on payment by the said (purchaser), his heirs, executors, or administrators, of the sum of £ and interest, at the times and in the manner following (that is to say) &c." (as the case may be). SUP.-VOL. I. R Bond. Retain Purchase-money. WITNESS. Purchaser will stand possessed of purchase money retained. AGREEMENTS. lease, the lease bearing date the day next before the date of the release, and the release bearing even date herewith, and made BETWEEN, &c., the said hereditaments were conveyed and assured to the said (purchaser) and his heirs, in consideration of his paying down the sum of £ in part of the said purchase-money, and retaining the sum of L being the remainder thereof, upon the trusts, and for the ends and purposes, and subject to the provisoes and agreements expressed or to be expressed concerning the same, in or by a certain deed or agreement therein mentioned to bear, or intended to bear, even date therewith, meaning and referring to these presents: Now THESE PRESENTS WITNESS, that in consideration of the agreements and premises aforesaid, it is hereby declared and agreed by and between the parties hereto, and particularly the said (purchaser) (1), for himself, his heirs, executors, and administrators, doth hereby covenant, agree, and declare, to and with the (vendor), his executors, administrators, and assigns, that he the said (purchaser), his executors and administrators, shall and will stand and be possessed of and interested in the said sum of £ , together with interest for the same, after the rate of per cent. per ann. upon the trusts, for the intents and purposes, and subject to the provisoes and agreements hereinafter declared In trust for mi- or expressed concerning the same (that is to say), IN TRUST for the said (minor) until he shall attain the age of twenty-one years, or shall depart this life under that age, or shall upon attaining that age neglect or refuse to execute such deed or deeds as hereinafter is or are mentioned; and in case the said (minor) shall attain his age of twenty-one years, and shall execute such deed or deeds, then upon trust to pay the same (2), with all interest accrued nor, &c. till he attain twenty one ; or refuse to execute release. Bond. Expences. (1) If a bond be given to the trustees or executors for payment of the money to them, say, "The said (trustees or executors) for themselves severally and respectively, do hereby covenant, &c. that they the said (trustees or executors) respectively, shall and will stand, &c. [as above]." "The sum of £ (2) If a greater sum than that chargeable upon the premises be retained by the purchaser, to indemnify against expences, say, with interest, &c., part of the said sum of £ so by him retained as aforesaid, unto the said (minor), his executors, administrators, or assigns, and the remainder thereof unto him the said (vendor), his executors, &c. or other person or persons who shall or may under or by virtue of the said in part recited will or settlement be entitled thereto." , due in respect thereof, after the rate aforesaid, unto him the said as afore- together with all interest accrued due thereon, to and for his and their own use and benefit, and as his and their own proper monies, in order and to the intent that he and they may thereby indemnify himself and themselves from and against the said sum of so chargeable upon the said premises as aforesaid, and all claims and demands in respect of the same (2). IN WITNESS, &c. AGREEMENTS. Retain Purchase-money. If minor refuse to execute, pur chaser to retain the money for indemnity. (1) Or trustees or executors, as the case may require, see ante p. 220, n. (1). (2) If a bond be given for payment, add, "The herein before recited bond or obligation, or any thing therein contained to the contrary thereof in any wise notwithstanding, and then and in such case the said bond or obligation shall be null and void, and be delivered up to him the said (purchaser), his heirs, executors, or administrators." Bond. AGREEMENTS. Roads (weighing engine). No. LXV. *An Agreement between Trustees of different Turnpike Roads for erecting one Weighing Engine for the use of such Roads, in pursuance of an Act of Parliament (1). Ar a meeting of the trustees of the turnpike roads, under an act year ; for, &c. [as above,] held ing upon and ordering a weighing engine at the joint expense of the trustees, for the use of the said several turnpike roads, pursuant to the powers given by an act passed in the third year of the reign of his Majesty King George the Fourth, for regulating turnpike roads. It appearing to us that a weighing engine may be erected at [describing the spot where it can be most conveniently placed], which will accommodate both the said turnpike roads, according to the true intent and meaning of the said act; We do therefore order, that an engine proper for the weighing of carriages of the constructions and weights specified in the said act be forthwith erected at, or as near as conveniently may be to the toll-gate or bar now erected upon the said turnpike road at ; and that A. B. (the treasurer, clerk, 3 Geo. 4. c. 126. (1) By the 3 Geo. IV. c. 126 sec. 21. as altered by 4 Geo IV. c. 95. the trustees or commissioners of turnpike roads may cause cranes, machines, or engines for the weighing of waggons or carriages conveying any kind of goods or merchandize; and by sec. 25. it is provided that where two or more turnpike roads meet, the trustees or commissioners of such roads respectively, may fix upon a place for erecting one engine for all such roads ; and by agreement amongst themselves to proportion the expenses, and also the money to arise from forfeitures incurred for overweight, amongst the said roads in such manner as they shall deem reasonable; and by sec. 148. it is declared that the above form, with such additions and variations only as occasion may require, shall be effective for this purpose. AGREEMENTS. Roads (weigh ing engine). or surveyor) of the said turnpike road do contract with some proper person [or with C. D. of, &c. if the trustees think fit to name one] for the making and erecting such engine, and do inspect and take care that the same be properly done; and we do order the gate-keeper at the said gate or bar for the time being to attend the said weighing engine, and carefully to weigh all carriages passing loaded upon the said road, at the place where such engine shall be erected, together with the loading thereof, and to take the several additional tolls or rates for overweight, and give tickets of the weights of such carriages and loading when required by the driver thereof, and also to enter in a separate book to be kept by him for that purpose, an account of every carriage so weighed, which shall with the loading exceed the weight allowed by the said act, and account to us for the money received for all such overweights: And we do hereby agree and order that the expenses of making and erecting the said weighing engine, (and the sum of £ which we do hereby agree and order proportions. shall be paid to the toll-gatherer attending the said toll-gate for the time being, weekly, for his extraordinary trouble in attending the said weighing engine), shall be advanced and paid by the treasurers of the said several turnpike roads, in the shares and proportions following, videlicet, that the treasurer of the road shall pay [one half][two thirds] or [three fourth] parts thereof (as the trustees shall agree), and the treasurer of the road shall pay the remaining [one half] [one third] or [one fourth] part thereof; and that the money to be received at the said weighing engine by forfeitures for over weight, shall be paid to the said respective treasurers in the like proportions, and applied by them for the use of the said respective turnpike roads. SIGNED, (Trustees or Commissioners). Agreement that borne in due expenses shall be |