AGREEMENTS.

Bailiff.

No. VIII.

*An Agreement between a Landholder and a Bailiff for the Management of a Farm, &c.

ARTICLES of agreement, [indented,] made the

in the of our Lord 18
year

day of BETWEEN (the principal), of, &c. of the one part, and (the bailiff), of, &c. of the other part. WHEREAS the said (principal) hath agreed with the said (bailiff ) to be his bailiff, land-steward, or agent, for managing the farm and lands of the said (principal) at in the county of

for or after the rate of the sum or salary of £

a year. Now Witness. Bailiff THESE PRESENTS WITNESS, that for the considerations hereinafter will manage to the best of his named, he the said (bailiff) doth hereby covenant, promise and agree, skill. with and to the said (principal), his heirs [or executors, administrators] and assigns, that he the said (bailiff') shall and will at all times and seasons from henceforth, and so long as he shall continue the bailiff, land-steward, or agent of the said (principal) by virtue of these presents, manage, cultivate, and improve, according to the best of his abilities, skill and knowledge, all and singular the farms and lands of the said (principal) situate in aforesaid, with all and singular the cattle, stock and utensils, hereafter and for the time being belonging to, or being upon the said farm and lands; he the said (principal) providing from time to time all such sums of money as may be necessary to be expended or disbursed in relation thereto. And also, that he the said (bailiff) shall and will, on the the and the

Principal will pay salary.

the

day of day of

day of day of

in every year, well and truly account to him the said (principal), his heirs, [executors, administrators,] and assigns for all sums of money which he shall have received and paid during the preceding quarter of a year, for or on account of the said farm and lands, and the stock and growing produce thereof; and pay over the same, or the balance thereof (after retaining such expenses and allowances) unto him and them. AND in consideration of the covenant and agreement

hereinbefore contained on the part of the said (bailiff), he the said
(principal) doth hereby covenant, promise and agree with and to the
said (bailiff), his executors and administrators, that he the said (prin-
cipal), his heirs, executors, or administrators, shall and will well and
truly pay, or cause to be paid, unto the said (bailiff), his executors,
administrators, or assigns, by equal quarterly payments on the days
or times hereinbefore mentioned, the said yearly sum or salary of
L
or after the rate of such yearly sum or salary, so long
as he the said (bailiff) shall continue to be the bailiff, steward, or
agent of or for him the said (principal), under or in pursuance
of these presents, and that in default thereof, he the said (bailiff)
shall or lawfully may retain the same out of such monies as may,
from time to time, come to or be in the hands of him the said (bailiff').
AND, &c. (add agreement for either party to annul the agreement
on giving six months' notice). (1)

(1) See ante, pp. 25, 26.

AGREEMENTS,

Bailiff.

AGREEMENTS.

Broker.

Parties.

Recitals.

WITNESS.

Underwriter au

to act as his insurance agent,

No. IX.

*An Agreement between an Underwriter and a Broker (1), for the Insurance of Ships (2), &c.

ARTICLES of agreement indented, made this

day of

in the year of our Lord 18 BETWEEN (the underwriter) of, &c. gent. and underwriter of the one part, and (the broker) of, &c. gent. and insurance broker of the other part. WHEREAS the said (underwriter) has proposed and agreed to employ the said (broker) as his broker or agent, for effecting insurances on ships and cargoes under and subject to the terms and conditions hereinafter contained, and the said (broker) has agreed to become and act as the broker of the said (underwriter) for the purposes aforesaid, under and subject to the said terms and conditions. Now WITNESS THESE PRESENTS, thorizes broker that he the said (underwriter) doth hereby agree with the said (broker), that he the said (broker) shall or may and is hereby authorized and empowered from henceforth and at all times hereafter, until such counter order or notice as hereinafter is mentioned be given, to act as the agent or broker of the said (underwriter) and as such, to use the name and engage the credit of the said (underwriter), as an insurer or underwriter of or for any sum or sums of money at his discretion, not exceeding £ at any one time, or in the whole, ⚫ without the express direction and consent in writing of the said (underwriter) on any ship, vessel, or goods, or merchandize in any ship or vessel, or on both thereof, so as the responsibility of the said (underwriter) on any one risk, either in a ship or vessel, or goods or merchandize in a ship or vessel, or both jointly or separately shall not exceed the sum of £

Risk not to ex

ceed f

Broker.

Insurances.

at one and the same

time without such direction and consent as aforesaid, and so as the name of the said (underwriter), as an insurer or underwriter, shall be used as to such ships or vessels, goods or merchandize only on which insurances shall be transacted, at the office or house of business of the said (broker), in the regular and ordinary way as an

(1) As to the nature, &c. of the office of broker, see ante No. IV. n. (1.)

(2) For the several statutes relative to ship insurances, see 2 Ev. Stat. "Insurance"; see also 5 Geo. 4, c. 114.

insurance broker, and on such risks only as ure insurable in the common and ordinary course; but not in any cae (without such direction or consent as aforesaid) exceeding a premiun of £

per centum

AGREEMENTS.

Broker.

Broker to have a salary.

Broker will not of the underwriter otherwise

engage the credit

than as aforesaid.

on the sum insured. AND that for the purpose of making any such Broker to sign insurances it shall be lawful, and he the aid (broker) is hereby policies, &c. authorized in the name and as the attorney ofthe said (underwriter), to sign, seal, and deliver any policy or policis of insurances as the act and deed of the said (underwriter), anl in his name, or otherwise for him, to receive and give acquittares and discharges, for every premium or premiums which shall be payable for or in respect of the said insurances, every or any of them. AND the said (underwriter) doth hereby covenan and agree to pay and allow to the said (broker) a salary of, or after the rate of, L per annum, so long as he shall be employed as the broker of him the said (underwriter), by virtue of thes presents (1). AND the said (broker) doth hereby covenant and agree with the said (underwriter), that he the said (broker) shall no, and will not, at any time insure in the name or engage the credt of the said (underwriter), in any other manner or to any greate: amount than is hereinbefore mentioned; and that he the said (broker) shall and will from time Broker to deliver to time, when ever thereunto requested by the said (underwriter), make up and render to him the said (underwriter), such full and particular account of all risks and sums in which the said (broker) shall have engaged the said (underwriter) as an insurer or underwriter, as he the said (underwriter), shall require, and as may be necessary to enable the said (underwriter) to ascertain the true state of his affairs in relation thereto. AND, also, shall and will at the end of every And of surplus calendar month furnish the said (underwriter) with a true and and payments. exact account of all money which shall have been received by him, the said (broker), or have been paid for the said (underwriter), on account of premiums of or for any such insurances as aforesaid, and also of all losses which shall have been sustained or be claimed under, or in respect of, any such insurances. AND it is hereby, also, Accounts to be settled yearly. agreed, that the said (broker) shall on the

day

accounts of insurances.

(1) If the broker be employed in buying and selling for his principal, add, "together with commission after the rate of £ upon all sales and Commission. purchases which shall be by him made for or on the behalf of the said principal." A broker is, like other agents, entitled to a customary commission upon his sales and purchases-and it has been determined that he may claim 5 per cent. on freight or chartering a ship to the Baltic. See 4 Campb. 96, and see 3 Chit. Com. L. 193. 221. 281,

4. ib. 282.

AGREEMENTS.
Broker.

of
in every year, or as soon as may be thereafter, make
out and render to and for the said (underwriter) a true account of
all profits and loss arise or sustained by or on account of such insur-
ances as aforesaid in the preceding year; and in which account of
profits shall be reckoned and comprised all such premiums as shall
have been received and not returned; and in which account of
losses shall be reckoned and comprised, not only all sums paid or
payable by the said (underwriter), as such insurer, but also all such
costs, charges, and expnses incured in ascertaining the extent of his
liability in respect of ay of the said insurances, and the balance of
profit (if any) after abting any sums then due to the said (broker),
for or on account of his aforesaid salary or allowance and commission,
shall, within one calenlar month thereafter, be paid to the said (un-
derwriter). AND &c. here may be inserted an agreement to dissolve
the agency on notice 1), and to refer disputes to arbitration (2)).
IN WITNESS, &c.