And if they dis of their umpire to be final. agree the deci Commissioners missioner) of, &c., a commissioner nominated by and on the behalf AGREEMENTS. of the said AND that if the said commis- Partition. sioners should differ in opinion, touching the said intended partition, or the mode of carrying the same into effect, or touching any matter relating thereto, then, and in every such case, the subject matter of every such difference of opinion shall be reduced into writing, and shall be referred to an umpire to be named by the said commissioner, before they proceed on the said arbitration, or the valuation or arrangement for that purpose. AND that the determination or decision of such umpire upon the matter or matters so to be referred to him, shall be final, binding, and conclusive, both upon the said commissioners and upon the parties hereto. AND that when and so soon as such partition or division shall have been made, the said (commissioners,) or, in the case of their difference, the said umpire, shall decide which of the said allotments shall be taken in severalty by the said his wife, and which of the said allotments shall be taken in severalty by the said AND that it shall be lawful for the said com- And the equality missioners, or in case of their difference, the said umpire, to decide of partition moand determine whether any and what sum of money shall be paid for equality of partition, and by which of the parties such money shall be paid. AND that when it shall have been determined which of the Parties to exesaid allotments shall be taken in severalty by the said and and his wife, and which of the said allotments shall or umpire to de cide what allotment each party shall have. ney. cute mutual conveyances. be taken in severalty by the said and whether any and what sum of money shall be paid for equality of partition, and by which of the said parties such money shall be paid, the said parties respectively, and their respective heirs, appointees, or assigns shall, with all convenient speed, make, do, and execute all such acts, deeds, or assurances, as the counsel of the said parties respectively, or their respective heirs, appointees, or assigns shall advise or require, for the purpose of conveying and assuring such of the said allotments as shall have been decided, in manner aforesaid, to be taken in severalty by the said his wife, with their appurtenants, to the uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the power, provisions, declarations, and agreements, in and by the said hereinbefore in part recited indenture of settlement, limited, expressed, or moiety to uses declared, of or concerning the said undivided moiety, hereditaments &c. of settleand premises, thereby granted and released, or as near thereto as And as to other the deaths of the parties and other circumstances will allow; and moiety to him in for the purpose of conveying and assuring such of the said allot and As to one ment. fee. AGREEMENTS. Partition. Commissioners or umpire to decide who shall pay mortgage money. Commissioners authorized to make a survey. All costs of par tition to be borne equally. Each party to pay costs of his own conveyance. ments, as shall have been decided in manner aforesaid to be taken in severalty by the said his heirs and assigns, or to such uses, and in such manner, as he or they shall direct or appoint. AND that such provisions shall be made for the payment by the respective parties of their shares of the monies due, or to become due on the said mortgages respectively, as by the said commissioners or their umpire shall in that behalf be directed. AND it is hereby further agreed, that the said (commissioners) shall be, and they are hereby authorized to make a survey of the said estates, and to cause a map or plan to be drawn thereof, and that the costs, charges, and expences of preparing, engrossing, and executing this present agreement, or in anywise relating thereto, and of making such partition or division as aforesaid, and of making such survey, and such map as aforesaid, and all other costs, charges, and expences incurred or to be incurred in or about the said partition or division, or in anywise relating thereto (except the costs, charges, and expences of the respective conveyances of the allotments to be taken in severalty), shall be paid and borne by the said and in equal proportions. AND that the expence of the conveyances of the allotment to be taken in severalty by the said his wife, shall be borne by the said (husband.) AND that the expence of the conveyances of the allotment to be taken in severalty by the said (other party), shall be borne by him the said (other party) AND it is hereby further agreed and declared, that the said commissioners, or their umpire, shall decide to which of the said parties the custody of the several title-deeds relating to the said hereditaments shall respectively belong, and by whom, and in what proportions the expences of any attested copies or covenants for production of deeds which may be necessary, shall be berne. That if either of the parties to the said intended partition should require an attested copy or attested copies of any of the title-deeds, or title-deed in the custody of the other party to the said partition, or to have a deed of covenant for the production of any such title deed or title deeds, then and in such case the expence of making such attested copy or copies, and the expences attending the framing, engrossing, and executing of such deed of covenant, shall be paid Nomine pœna. by the party requiring the same. AND for the due execution and observance of the agreements hereinbefore contained, on the part of the said his wife, and the said (other party) the said. his wife, and the said (other party), do hereby bind themselves, their heirs. Commissioners or umpire to de cide who shall have the titledeeds. Expences of at tested copies,&c. to be paid by the requiring party. and and and executors, and administrators, the one to the other of them, in the of the agreement hereinbefore contained, on the part of the said his executors, pounds. IN WIT AGREEMENTS. Partition. THE SCHEDULE TO WHICH THE ABOVE AGREEMENT REFErs. Other modern forms of Agreements for Exchanges may be found in 1 Pow. Prec. 389, 1 Bythe Prec. 193, et seq. AGREEMENTS. Postpone Sale. No. LII. *An Agreement to Postpone the Sale of a Ship (or other property (1)) which has been assigned in trust for sale, Recitals. WITNESS. That trustees agree to postpone sale on certain condi tions. ARTICLES of agreement made and concluded this in the year day of BETWEEN (the owner being also a preceding morigagor) of, &c., of the first part (trustees for sale), of, &c., of the second part, and (cestuique trusts or mortgagees) of, &c., of the third part. WHEREAS &c., [recite the deed of trust for sale and subsequent transactions and agreements,] NOW THESE PRESENTS WITNESS, that in pursuance of the said agreement, and in consideration of the matters and things aforesaid, they the said (trustees), by and with the privity and approbation of the said (cestuique trust), testified by his being party hereto, hereby for themselves severally and respectively, and for their several and respective executors and administrators (but not jointly), hereby covenant and declare to and with the said (owner), his executors, administrators, and assigns, that they the said (trustees), respectively, or their respective executors, administrators, or assigns, shall not nor will make sale of, or proceed to sell or dispose of the said ship or vessel (or as the case may be), so assigned or otherwise assured to them by the said in part recited indenture, or intended so to be, or any part thereof, or any of the [masts, sails, sail-yards, anchors, ropes, cords, cannons, guns, fire-arms, ammunition, provision, tackle, apparel, boats, oars, furniture, materials,] appendents or appurtenances whatsoever to the same belonging, nor shall nor will in anywise exercise or put in force the power or authority reserved or given to them by the said indenture, for selling or disposing thereof, or any part thereof, until &c. [mentioning the time or event upon which the power of sale or disposition is to be exercised], but shall and will permit and suffer the said (1) Although the above form is adapted in particular to the postponement of the sale of a ship or vessel, yet it may be easily made suitable to the like object in regard to any other species of personal or even of real property. , without any AGREEMENTS. FURTHER Owner will not upon. shipor vessel to proceed upon its intended voyage to hindrance or interruption whatsoever of or by them the said (trustees) Postpone Sale. respectively, their respective executors, administrators, or assigns. AND THESE PRESENTS FURTHER WITNESS, that for the considerations lastly aforesaid, he the said (owner), for himself, his executors, and administrators, doth hereby covenant, promise, and agree, with and to the said (trustees), and each of them and their respective executors, administrators, and assigns, that from and after the &c., [the time or event to which the sale is postponed], he the said (owner), his executors or administrators, shall not nor will prohibit, hinder, or in anywise prevent or impede, or attempt to hinder or impede the said (trustees) respectively, or their respective executors, administrators, or assigns, or any or either of them, from proceeding to the sale and disposition of, and actually selling and disposing of the said ship or vessel, with its appurtenances, or otherwise exercising the said right, power, or authority so given or reserved to him and them as aforesaid for that purpose; nor take or attempt to take any advantage whatsoever, of the deficiency or postponing the sale or disposition thereof, until the period or event lastly aforesaid in pursuance of these presents or otherwise, but shall and will permit and suffer them, or either of them, the said (trustees), or their respective executors, administrators and assigns, to make sale, and absolutely dispose thereof, together with all and singular the [masts, sails, sail-yards, anchors, cables, ropes, cords, cannons, guns, fire-arms, ammunition, tackle, apparel, boats, oars, furniture, materials] appendants and appurtenants whatsoever to the same belonging, and in as full and ample a manner, and as effectual to all intents and purposes, as if these presents had not been made. [AND also that in the mean time, and during such intended voyage, and until the return of the said ship or vessel, he the said (owner), his executors, administrators or assigns, shall not, nor will do or commit, or knowingly permit or suffer to be done or committed, any wilful damage whatsoever to the said ship or vessel, or any of the [masts, sails, sailyards, anchors, cables, ropes, cords, cannons, guns, fire-arms, ammunition, tackle, apparel, boats, oars, furniture, materials,] appendants or appurtenants whatsoever to the same belonging or appertaining, or any respect interrupt or disturb the said , as the attorney in |