§ 44. That the provisions of the act shall affect future private acts AGREEMENTS only in cases where no contrary provisions shall be made in such acts.

And in addition to the above act, it is provided by statute, 1 & 2 Geo. Act of Parlia

4. c. 21.

ment.

§ 1. That landlords may distrain for rents upon allotments, before the 1& 2 G.4. c. 23. commissioners shall have made their award (12).

§ 2. That proprietors of allotments may have actions for damages commit

ted, although the commissioners' award be not executed.

§ 3. That the award of the commissioners may be appealed against (13).

§ 4. That leases made by incumbents, under act 41 Geo. 3. c. 109., may Leases. be renewed on their expiring before the end of the term granted (14).

It is also by 4 Geo. 4. c. 35. further enacted, that where trustees or commissioners appointed to carry any act of parliament into execution, shall not be able to meet on the day appointed for their first mecting, by reason of such day being antecedent to the passing of such act, the meeting of any three of such trustees or commissioners, within 14 days after the passing thereof, shall be sufficient to satisfy the act.

4 Geo. 4. c. 35.

meeting of com

missioners.

(12) Until the passing of this act, the freehold of the allotment did not pass until the commissioners had made their award. Farrer v. Billing, 2 Bar. and Ald. 171.

(13) Under the former act the award of the commissioners was held to be final and unimpeachable, except for fraud. See also ante, p. 10. n. (10).

AGREEMENTS

Administraiton.

No. II.

*An Agreement that one Creditor, or next of Kin of an Intestate, shall take out Letters of Administration, in trust for their common Benefit (1).

ARTICLES of agreement indented (1), bearing date the

day of

Parties.

year

in the of our Lord

;

and made between A. B., at, &c. (creditors or next of kin as the case may be), of, &c. deceased, of the first part, the several other persons whose names are respectively hereunto subscribed, as creditors, [or next of kin] also of the said (intestate) of the second part, and widow of the said (intestate), of the third part. WHEREAS the said (intestate) deceased, was at the time of his death indebted to us whose names are hereunto subscribed and who are hereinbefore named as of the first and second parts in the several sums mentioned in the first schedule hereunto annexed (2). AND whereas, the said (widow) is entitled to her [dower and] thirds at the common law, or some other proportion of or in the [real and] personal estate and effects of the said (intestate), or, as the case may be. AND whereas, disputes have arisen between the parties hereto, as to their rightful proportions of the estate and effects of the (intestate), which have hitherto prevented administra

General remark.

Next of kin.

*(1) When a person dies indebted and intestate, and his next of kin refuses to administer to his effects, from an apprehension that there will be no surplus after satisfaction of debts, a creditor frequently takes out letters of administration, for the purpose of satisfying his own debt: but as this will involve him in the general distribution of the assets of the intestate, it is generally advisable in cases like this, that some agreement should be entered into by the parties relative to the administration and distribution of the effects, adapted to the subsisting circumstances.

(2) Or recite, if so, that the several parties are of kin to the intestate in the manner set forth opposite to their respective names in the said schedule.

Administration.

Agreement that one of the cre

ditors shall

administer.

tion being taken out thereunto: Now THESE PRESENTS WITNESS, AGREEMENTS that for ending all further disputes and differences relative to the premises, it is hereby declared and agreed, by and between the several parties hereto as follows (that is to say), THAT the said A. B., as one of the creditors [or next of kin] aforesaid, of the said (intestate) deceased, shall and may take out letters of administration of and to all and every the goods and chattels, and debts, credits, and effects of the said (intestate) deceased, according to the rules of the ecclesiastical courts, without any impediment or hindrance by or from, any or either of the other of the said parties, (each agreeing and declaring as for and on the part of themselves only and respectively), and the said A. B. shall and may administer, order, apply, and dispose of the same in the manner hereinafter expressed. AND it is also agreed that as soon as may be Effects to be after the said letters of administration shall have been granted to appraised. the said (administrator), he the said (administrator) shali and will cause all the goods, chattels, debts, and effects belonging to the said (intestate) at the time of his decease, to be appraised by a sworn appraiser, and a true inventory thereof to be made, according to the duty and custom of administrators in like cases. AND that she the said (widow), and all and every the parties hereto of the said part, shall and will disclose and make known unto the said (administrator), when thereunto required, all and singular the goods, chattels, debts, and effects belonging, or due and owing to the said (intestate), at the time of his decease, to the best of their respective knowledge, information, and belief, and in whose possession, and where the same respectively now are, without any concealment, fraud, or deception whatsoever. THAT after the Goods, &c. to goods and chattels of the said (intestate) shall be so appraised, and be sold. an inventory thereof made as aforesaid, he the said (administrator) shall and will make sale, and absolutely dispose of the same, or of such parts thereof as may consist of debts, money, or securities, by public auction, for the best price that can be obtained for the same, (save only the wearing apparel and trinkets of the said (widow), and two beds, &c. as may be agreed, which shall be delivered to the said (widow),) and collect in and obtain payment of such parts thereof, as may consist of debts or securities How to be apfor money, with all convenient and practicable speed. AND shall, plied, or lawfully may, in the first place, retain and deduct out of the monies which shall from time to time come to his hands, all reasonable costs and charges, (including suits at law, or obtaining the opinions of counsel for advice, or otherwise), as he shall reason

Parties will

disclose intes

tate's effects.

AGREEMENTS ably expend or be put unto in obtaining the said letters of adminisAdministra tration, or in executing the same, and also in paying the funeral expenses of the said (intestate), not exceeding the sum of £

tion.

To widow a

dower.

Divide residue equally.

AND, in the next place, pay or cause to be paid unto the said recompense for (widow), for satisfaction of her right or title to dower, or thirds at common law, in or out of the [freehold messuage in which the said (intestate) lived at the time of his decease, situated at, &c., or the personal estate and effects which the said husband was possessed of at the time of his decease as the case may be], the sum of £ Specialty Debts. AND then and in the next place, do and shall pay and satisfy the several sums mentioned in the schedule here underwritten, marked A, unto the person or persons against whose names the same sums are respectively sett. AND then and thereafter do and shall pay and divide the residue and surplus of the said monies, unto and between all and every of the other parties hereto and other the persons named, share and share alike, in the schedule hereunder written marked B, the several sums set opposite to their respective names, according to a due course of administration under the statute for the distribution of the estate and effects of intestates, as the case may require], when and as often as he the said (administrator) shall have sufficient in his hands to pay the sum of shillings in the pound upon the same respectively, and the amount whereof it is hereby agreed, shall be in full satisfaction of their several and respec-, tive debts or claims upon the estate and effects of the said (intestale). AND it is hereby further agreed and declared, that no one or more of the parties hereto, (each agreeing and declaring in the manner aforesaid), shall or will commence or prosecute any action, suit, or other legal proceeding against the said (administrator) or the said (widow), or any other person or persons whomsoever, whereby he or they shall be molested or prejudiced, or these presents or any agreement, matter, or thing herein contained, shall or may be in anywise impeached, or hindered, or delayed in being carried into effect; and that they, and every of them tinue subsisting respectively, shall and will forthwith, absolutely, and for ever, abate and discontinue, all and every suit, action, and proceeding which they, or any or either of them shall or may have commenced, or prosecuted in or concerning the premises. AND the said (administrator) doth hereby agree to take upon himself the administration aforesaid, and doth covenant and declare to and with the other respective parties hereto, well and faithfully to dispose of, administer, pay, and divide the estate and effects which shall from time to time come to his hands by virtue thereof, in the manner

Parties will not bring actions.

Will discon

actions.

Administrator

Covenants to administer.

Administration.

administrator.

hereinbefore expressed or hereby intended concerning the same, AGREEMENTS so nevertheless that they, and every of them do and shall, upon receipt of his or their share or proportion, or supposed and presumptive share or proportion thereof, give a good and sufficient release and discharge for the same, and also a good and sufficient indemnity to him the said (administrator) against any future lawful demands by any other creditor, kindred, or other person or persons who may be discovered to be entitled thereto, or to any part thereof; each of them the said parties hereto, doth accordingly covenant and Indemnity to declare with and to him the said (administrator), that if any person or persons, not party to these presents, do at any time hereafter, as creditor, kindred, legatee, or otherwise, of the said (intestate) deceased, commence or prosecute any action or suit against the said (administrator) as administrator aforesaid, and shall lawfully recover their said debt or claims against him the said (administrator), then and in such case, they the said parties shall and will, out of their respective dividends, shares, or sums so by them received, allow and pay in, equal proportions, according to the amount thereof, unto the said (administrator) so much money as, together with the like proportion of him the said (administrator), will satisfy and discharge the said debts or sums, with all costs of suit, and also shall and will indemnify him the said (administrator) in a like proportion against all loss, costs, charges, and expenses which he shall or may sustain or be put unto, (other than by his own wilful default), by reason or on account of any such action, suit, or proceeding, or by reason of his having administered to the estate and effects of the said (intestate), or of having applied the same under and by virtue of these presents. AND moreover, shall and will become defendants respectively, if requisite, in order to such indemnity, in any action or actions which shall or may be commenced against him the said (administrator), as such administrator aforesaid, &c. (reference of differences to arbitration (3).) IN WITNESS, &c. Signed, &c.

SCHEDULES ABOVE REFERRED TO.

Arbitration.

(3) See post, p. 27.