Agent. And purchase other goods. AGREEMENTS shall and will during the term of years, if they the said parties shall so long live, (unless the said term shall sooner cease under the proviso for that purpose hereinafter contained,) to be computed from the date of these presents, deal and trade with and sell and dispose of the stock in trade of him the said (principal), now in, &c., and manage and improve the same in such manner as to him the said (agent) (under the direction of the said (principal) when given, and in default thereof then of his own discretion,) shall seem meet: AND that he the said (agent) shall and will by and out of the money which shall arise by such sale, disposition, or dealing with the said stock in trade, from time to time purchase and procure by ready money or on usual credit, such other goods or merchandize as shall be requisite to keep up and continue the said stock in trade of a like nature or description of goods, wares, and merchandizes, and of equal quantity and Out of proceeds quality: AND by and out of the proceeds which shall from time to time arise from all and every or any of the said sales, dispositions, and trade and dealing, do and shall in the first place well and truly pay the yearly rent of the house, shop, and warehouses whereon or in which the said trade or business now is or for the time being shall or may be carried on, together with all parliamentary and parochial taxes, rates, and duties which now are or for the time being shall be payable for or in respect thereof, and such sums of money as may be requisite to perform the several covenants and agreements on the tenant's part to be performed in relation To pay principal thereto; AND in the next place do and shall pay (1) to him the said (principal) or his assigns, yearly and every year during the said term, one clear annuity or yearly sum of £ by equal half yearly payments, to pay rent, annuity.. Residue for agent. Salary. Profits. &c. on the day of and the day of in each year, without any deduction or abatement whatsoever; AND, subject thereto, do and shall or lawfully may retain the residue and surplus of the said profits, [or the sum of £10 per cent. upon the gross produce of the said stock and trade or business (2)], to and for his own sole use and (1) If the agent is to have a salary out of the proceeds, say, "And in the next place do and shall retain unto and for himself the said (agent), out of and from the proceeds or receipts of the said trade or business, the clear annual sum of £ by equal quarterly payments on, &c., in every year, to and for his own use and benefit, by way of salary or recompense for his time, trouble, and attention in or to the same." (2) See ante, p. 33, n. (1). faithful. counts. benefit, as a recompense and satisfaction for his care and trouble in AGREEMENTS the sale and management of the said stock, and conducting the said Agent. trade or business (1). AND the said (agent) in consideration of the premises aforesaid, doth hereby [for himself, his executors and admi- Agent will be nistrators,] covenant, promise, and agree with and to the said (principal), [his executors, administrators, and assigns,] that he the said (agent) will at all times during the said term of years, to be computed and determinable as aforesaid, diligently apply himself to the care and management of the said stock, trade, and business, according to the best of his skill, abilities, and judgment, and apply and dispose of the money which shall arise therefrom, in the manner hereinbefore expressed or declared concerning the same, and according to the true intent and meaning of these presents; AND also Will keep acshall and will from time to time during the said term, make true and correct entries in proper books of accounts to be kept for that purpose, of all goods, wares, and merchandizes, and stock in trade, which shall from time to time be purchased or sold, and of all monies which shall be paid and received for or on account of the same, and shall and will at all seasonable times in the daytime, permit the same to be inspected and copies of or extracts taken from the same or any part thereof, by the said (principal), [his executors or administrators,] or such other person or persons as he [or they] shall lawfully appoint for that purpose. AND further, that he the Agent will not said (agent) shall not nor will at any time during the said term, account. directly and openly or indirectly and privately, buy or sell or in anywise trade or deal in the trade or business of, &c., or any of the goods, commodities, or articles now or heretofore customarily dealt in by the said (principal), in the name or on the account of himself the said (agent), nor otherwise than in the name of the said (principal), only, and for the ends and according to the true intent and meaning of these presents; nor shall nor will do any act or thing whatsoever, whereby the said present or any future stock in trade or any part thereof, shall or may be attached, extended, or taken in execution, or otherwise prejudicially affected. AND also, that at Agent will acChristmas next, and also at every succeeding Christmas during the count once a continuance of the said term, or oftener if thereto required by the (1) If the surplus is to be paid to the principal, say, trade on his own year. "And do and shall well and truly account for and pay over the Surplus. residue or surplus of the net gains or profits, if any, by half yearly payments unto him the said (principal), his executors, administrators, or assigns, to and for his and their own use and benefit." Agent. 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. Agent will, at AND that at the expiration or other sooner determination of the the expiration of term, deliver up said term of years, he the said (agent), [his executors or adstock on hand. ministrators,] 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. If there be sureties on the part of the agent, add, , "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 loug, 2 inches thick, and 4 inches wide. And pantiles, 131⁄2 inches long, 94 inches wide, and inch thick. Plain tiles,- (by 17 Ed. 4. c. 4.) 10 inches long, 6 inches broad, inch thick. Roof or Cres tiles, 13 inches long, and half-quarter thick. Gutter and cover tiles, 10 inches long, and of convenient thickness and breadth. inch 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 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. Cutlery, 59 Geo. 3. c. 7. Firearms, 53 Geo. 3. c. 115., and 55 ih. c. 59.` Fireworks, 9 & 10 Wm. 3. c. 7. Frameworks, 6 Geo. 3. c. 29. Gunpowder, 12 Geo. 3. c. 61. Hides, } Leather, S 39 & 40 Geo. 3. c. 66., and 48 Geo. 3. c. 71. Linen, 4 Geo. 3. c. 37., 25 Geo. 3. c. 22., and various former acts. 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, 11Geo. 2. c. 28., 17 Geo. 2. c. 5., 6 Geo. 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. |