and also if thereunto required by the said (principal), his executors,
administrators or assigns, shall and will make oath before one of the
Masters of the High Court of Chancery or other competent authority
or jurisdiction, of the truth of such statement and account to the best
of his knowledge and belief. AND also shall and will pay or cause to
be paid over unto the said (principal), his executors, administrators
or assigns, the whole or one full and equal
parts (the whole
into

equal parts being divided) of all and singular the
fees, perquisites, profits and emoluments so to arise or be re-
ceived from the said office. AND the said (deputy) doth hereby
also for himself, his executors and administrators, covenant, promise
and agree with and to the said (principal), his executors and admi-
nistrators, that in case the said (principal), his executors or adminis-
trators, do, or shall give calendar months' notice or warning in
writing under his or their hand or respective hands, unto and for him
the said (deputy), to leave or retire from the execution of the said
office, he the said (deputy) shall and will, immediately upon or after
the expiration of the said notice or warning, quietly and peaceably sur-
render and yield up the possession of the said office to him the said
(principal), or to such person or persons as the said (principal) shall
lawfully appoint, and shall not nor will thereafter by himself, his
clerks, servants, assistants or others, take or receive any fees, perqui-
sites or profits belonging or incident to the said office, or otherwise
intermeddle with the business or concerns thereof in anywise whatso-
ever. AND the said (principal), for himself, his executors and ad-
ministrators, doth hereby covenant, promise and agree with and to
the said (deputy), his executors and administrators, that in case he the
said (deputy) shall be desirous of retiring from or resigning the said
office, and shall give unto him the said (principal), his executors or
administrators,
calendar months' notice in writing thereof under
his hand and seal, and do and shall at the expiration of such notice
deliver up all books, papers and things in and belonging to the said
office in a good and proper order, state, and condition, and give up
quiet possession of the house, rooms, and offices wherein the business
of the said office is or shall be carried on, and also make and give
such account as aforesaid, and pay over to the said (principal),
his executors and administrators, the just and true balance thereof,
upon or by such oath as aforesaid if required, he the said (principal),
his executors and administrators, shall and will acquit and release the
said (deputy) of and from all further execution of the said office, and
all responsibility in respect of or relation thereto. IN WIT-
NESS, &c.

AGREEMENTS.

Deputy.

and
pay over
balance.

Deputy will re

sign on notice from principal.

Deputy may re

tire on notice to

principal.

AGREEMENTS.

Division.

No. XXIX.

*An Agreement between Brothers and Sisters (or others) to make an equal Distribution of the Personal Estate of their father, (or other relative) if an unequal Distribution be made by his will.

Recital.

WITNESS. Parties agree

that the estate

ARTICLES of agreement indented, entered into, and concluded upon
the
day of
in the year 18 , BETWEEN, &c. (make
each of the parties successively of separate parts). WHEREAS
the parties hereto are apprehensive that their father (or as the case
may be) may bequeath or direct the disposition of his personal estate
unto or amongst some one or more of them the said parties only,
exclusively of some other or others of them, or unto and between
them in unequal shares or proportions. AND whereas on account of
the affection they bear unto each other, they are desirous that the
same shall be equally enjoyed between them, share and share alike
(or in the shares or proportions hereafter mentioned), and to prevent
all differences and questions at any time hereafter arising in regard
thereto, they have agreed to bind themselves unto such equal distri-
bution thereof by these presents, notwithstanding any contrary or
other disposition which may be made of the same by their said

NOW THEREFORE THESE PRESENTS WITNESS, that in pursuance of the said agreement, and in consideration of the natural and effects of the love and affection they respectively bear unto each other, they the

father shall be

equally divided

between them.

said (parties) do hereby for themselves, severally and respectively, and for their several and respective heirs, executors, and administrators, covenant, promise and agree with and to each other and the executors, administrators, and assigns of each other, in the manner following, (that is to say) that as to, for, and concerning all and singular the goods, chattels, debts, monies, securities for money, and other the personal estate and effects of the said

their

which has or have been, or shall or may be given, bequeathed, or left in or by his last will and testament or otherwise, unto or between and amongst, or in trust for any one or more or all of them the said parties hereto, the same and every part thereof shall be taken, received, holden and enjoyed by them respectively, and their respective

AGREEMENTS.

Division.

any contrary be

quest.

executors, administrators, and assigns, in equal parts, shares, and proportions, share and share alike, notwithstanding any devise, will, testament, codicil, or other instrument or instruments in writing what- Notwithstanding soever, which now is or are, or which at any time or times hereafter shall or may be made, executed or published thereof, or of any part thereof, granting, giving, or bequeathing the same unto, between, or amongst them or any or either of them to the contrary, in like manner as if the said

that the be

queathed estate shall be brought

had departed this life wholly intestate. AND further, Parties covenant that all and every sum and sums of money, legacy or legacies, estate, or effects, or interest, which at any time or times hereafter shall and may be given or bequeathed to, or in favour, or for the benefit of them the said parties, or any or either of them, by their said

into hotch-pot.

default.

or by reason, virtue, or means of which they, any, or either of them, shall or may be thereby directly or indirectly entitled to or shall have received any beneficial interest whatsoever, the same and every part thereof shall within three calendar months next after the decease of him their said (or as soon thereafter as lawfully can be) be relinquished, given up, and brought into hotch-pot, or otherwise rendered, become, and be considered as one entire and aggregate sum to be equally divided, applied, and apportioned unto and amongst them the said parties hereto, their executors, administrators and assigns respectively, share and share alike, any thing in such will, gift, or instrument contained to the contrary thereof notwithstanding. AND for the due and just performance of all and every the covenants, Penal sum on clauses, declarations, and agreements aforesaid, according to the true intent and meaning thereof, and of the parties hereto, they the said parties do hereby bind themselves severally and respectively, and their respective heirs, executors, and administrators, to each other, and to the executors, administrators, and assigns of each other, in the penal sum of £ to be recovered by action of debt in any of his Majesty's courts at Westminster, or before any or either of the judges of those courts elsewhere, holding lawful cognizance and jurisdiction thereof. AND furthermore, the said parties do hereby Covenants furseverally covenant, declare, and agree in the manner and form aforesaid, that they the said parties and each of them, his, her, and their heirs, executors, and administrators, shall and will at any and all times and time hereafter, at the reasonable request of any one or more of the other or others of them, his or their respective executors, administrators, and assigns, make, do, and execute all and every such further and other act and deed, or acts and deeds, and conveyances and assurances in the law whatsoever, for the better and more effectually or

SUP.-VOL. I.

L

ther assurance.

AGREEMENTS.

Division.

satisfactorily confirming these presents, and carrying into effect and execution the object and intent thereof, and of the said parties thereto, as the counsel or respective counsels in the law of him, her, or them so requiring the same shall advise or require.

IN WITNESS, &c.

No. XXX.

*An Agreement by Proprietors of Common Field Lands to divide and enclose the same (1); and to procure a Decree in Chancery, or Act of Parliament (2), to ratify the Division if requisite.

AGREEMENTS.

Enclose.

ARTICLES of agreement indented, made, and concluded upon, this
day of
in the year
of our Lord 18 BETWEEN
the several persons whose respective names and seals are hereunto
set and subscribed, being respectively owners, tenants, and occupiers,
or persons otherwise interested in divers parcels of land lying dis-
persedly in or over the common field of
within the parish

of

in the county of

and called or known by the name of the Western Field. WHEREAS the lands lying in the common field aforesaid, have for many years past yielded but little or no profit to the tenants or occupiers thereof, and the same are every year more and more worn out and impoverished, and for want of due tillage and manure, by reason of the great distance of the said field from the houses and residences of the principal inhabitants of the said parish, and the badness of the roads and ways leading thereto, and which cannot be remedied without far greater expense than will be answered by the increase of the fruits and profits thereof, whilst the same lies intermixed and unenclosed. AND WHEREAS by ancient custom in regard to the said common field (on account of the poverty thereof) one half part of the same lies fallow and untilled, and unproductive every other year, and the lands so lying fallow are usually fed with sheep, which are often rotted by the watery condition of the ground; and many other inconveniences arise to the owners and occupiers of the said common field for want of their particular portions thereof being laid together and enclosed; for remedying which, and for encouraging the improvement of the said

(1) See the Acts 29 Geo. 2. c. 36. and 31. ib. c. 41; empowering commoners to inclose waste for the growth of timber; and the general inclosure Act, 41 Geo. 3. c. 109; and 1 and 2 Geo. 4. c. 23. ante, p. 8. (2) An Act was afterward deemed necessary and obtained; the petition, and Bill for which, will be found under the head " PARLIAMENTARY FORMS."

Recitals of ad

vantages to ac

crue from enclosing.