ALL (1) and every that and those the said piece or parcel of land
or ground (or as the case may be) comprized in and demised by the
said hereinbefore in part recited indenture of lease, as are recited or
intended so to be, together with all and every the easements, append-
ants, and appurtenances whatsoever to the said premises belonging, or
therewith now or then used and enjoyed; and all the estate, right, title,
and interest whatsoever, of him the said (tenant), his executors and
administrators, in, to, or concerning the same, by virtue of the said
indenture of lease or otherwise howsoever; to the end and intent that
the same premises with the appurtenances, and the residue then to
come of the said term of
years by the said indenture granted,

AGREEMENTS.

Surrender (of lease).

FURTHER
WITNESS.

to release from

rent.

or intended so to be, shall and may be thenceforth merged, or otherwise extinguished, or become vested in him the said (landlord), his [heirs] executors, administrators, and assigns, for his own use and benefit, and be by him and them had, holden, and enjoyed in like manner as if the said term of years had expired by effluxion of time. AND THESE PRESENTS FURTHER WITNESS, that in consideration of the surrender hereinbefore agreed to be made by the Landlord agrees said (tenant), he the said (landlord) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said (tenant), his executors and administrators, that upon the said surrender being made and perfected, he the said (landlord), his executors or administrators, [shall and will well and truly pay or cause to be paid (if so agreed) unto the said (tenant), his executors, administrators, or assigns, the sum of £ of lawful current money of Great Britain; and also] shall and will well and effectually release, exonerate, and discharge him the said (tenant), his executors, administrators, and assigns, for and during all the residue which shall be then to come and unexpired of or in the said term of years, in or by the said indenture of lease granted as aforesaid, of and from payment of [the yearly sum of £ part of, or] the yearly rent of £

being

thereby reserved or made

payable; and also of and from all actions, suits, distress, covenants, claims, and demands whatsoever of or by him the said (landlord) or

(1) If part only of the premises comprized in the lease are to be Part surrensurrendered, say,

"ALL that, &c., [describe the premises to be surrendered] as the same are shewn or pointed out by the parts coloured red in the plan or ground plot drawn in the margin hereof (being part and parcel of the premises demised by the said in part recited indenture)."

dered.

AGREEMENTS.

Surrender (of lease).

Part only of premises surren

dered.

any person or persons claiming from, under or in trust for him in respect of or concerning the same (1). IN WITNESS, &c.

(1) If a part only of the premises are surrendered, add,

(the

"But so and in such manner, nevertheless, that such release, discharge, or exoneration, shall not exempt the said (tenant), his executors, administrators, or assigns, or other the pieces or parcels of ground, lands, or hereditaments, not hereby agreed to be surrendered, from payment of the yearly sum of £ residue of the yearly rent of £ ), by the said indenture of lease reserved or made payable; or the powers or remedies for compelling payment thereof, nor from any of the conditions or agreements in the said indenture contained, and which from henceforth are or ought to be performed by the said (tenant), his executors, administrators, or assigns, relating to or in respect of other the same last mentioned lands or hereditaments."

No. LXXI.

*An Agreement by a Water Company to lay in Water to supply a Manufactory [or Private Family].

AGREEMENTS.

Water (laying in).

ARTICLES of agreement, indented, made this

year of our Lord 18 BETWEEN (treasurer of the company), (trea-
surer of the company of proprietors called and duly authorized to
contract for and on the part of the said company) of the one part,
and (manufacturer or private inhabitant) of, &c., of the other part:
WHEREAS the said (manufacturer) hath agreed with the said company
for providing him with a supply of water for the uses of his manu-
factory [or family], upon the terms hereinafter mentioned. Now
THIS INDENTURE WITNESSETH, that he the said (treasurer), for and in
consideration of the covenants and conditions hereinafter expressed,
for himself, his heirs, executors and administrators, doth hereby
covenant, promise, and agree, on the part and behalf of the said
company of proprietors, called, &c., with and to the said (manufac
turer, &c.), his administrators, executors, and assigns, that the said
company of proprietors shall and will at their own expense furnish
and supply the said (manufacturer, &c.), his administrators, execu-
tors, and assigns, with water out of or from the river
for the use
of his said manufactury [or for the use of his family, in his now
dwelling house, at, &c.] the amount or quantity of gallons at
the least per
; the same to be conveyed into such part of the said
manufactory [or dwelling house] as the said (manufacturer, &c.),
his executors, administrators, or assigns shall require; he and they
yielding and paying for the same after the rate of

per annum,

the said

by four equal quarterly payments, on the, &c., without any deduction
or abatement whatsoever; and which said sum of £
(manufacturer, &c.) doth hereby, for himself, his executors, and ad-
ministrators, covenant, promise, and agree with and to the said (trea-
surer), his executors, administrators, and successors (for and on the be-
half of the said company), well and truly to pay or cause to be paid at
the times and in the manner herein-before appointed or mentioned for

WITNESS.

Company agree

to supply with

water.

Covenant to pay sum agreed upon.

AGREEMENTS.

Water (laying in).

The water not to

for, may be cut off.

payment thereof.

PROVIDED ALWAYS, and it is hereby further

agreed, that the said water so to be furnished or supplied by the said company, or any part thereof, shall not be given, sold, or be suffered be mis-employed. to run to waste, or be otherwise employed than for the sole and proper use of the said (manufacturer), in his business of, &c. [or of the said (inhabitant) for the necessary and ordinary use of his family If not duly paid and domestic purposes]. AND further that if the said yearly sum hereby agreed to be paid for the said supply, or any part thereof, shall be behind or unpaid by the space of days next after any or either of the days hereinbefore mentioned for payment thereof, (the same having been demanded in writing, under the hand of the treasurer for the time being of the said company, at the dwelling or countinghouse of the said (manufacturer, &c.), or if the said water shall be suffered to run to waste, or be otherwise disposed of or employed contrary to the true and obvious intent and meaning of these presents, then and in either of such cases it shall be lawful for the said company wholly to cease and discontinue to furnish and supply the said water, and by their servants, officers, agents, or workmen, to cut off or otherwise sever the pipe or pipes conveying the same, at their free will and pleasure; and also to enter into and upon any part of the premises of the said (manufacturer, &c.) necessary for that purpose, without any manner of hindrance or molestation whatever of or by the said (manufacturer, &c.), his [heirs], executors, administrators, or assigns, or his or their servants or others; and then and from thenceforth these presents and every covenant, articles, matter, and things, herein contained in furtherance of the said supply shall be utterly void to all intents and purposes; but nevertheless without prejudice to any action, suit, claim, or demand, by either of the said parties upon or against the other of them for or in respect of any matter or thing prior to the time of the avoidance thereof. IN WITNESS, &c.

And these presents to be void.

But without prejudice to prior

claims.

No. LXXII.

*An Appointment of an Agent (1) for the Management of the Affairs of a Principal going abroad.

APPOINTMENTS.

Agent (general).

TOALL TO WHOM THESE FRESENTS shall come (principal) sends greeting. WHEREAS the said (principal) being about to leave this kingdom and reside for some time abroad, and being desirous that his estates and affairs should be properly attended to and managed during his absence, hath requested (agent) to take upon himself the care and charge thereof on his behalf, under the direction of his trustees appointed under or by virtue of his marriage settlement (or as the case may be) during his absence, which the said (agent) hath consented to do. NOW THESE PRESENTS WITNESS, that the said (principal) HATH appointed, deputed and constituted, and in his place and stead Appointment of put, and by these presents, DoтH depute, constitute and appoint, and in his place and stead put, the said (agent) as and for the agent, steward and lawful attorney of him the said (principal) of, for and concerning all and every his manors, messuages, farms, lands, and hereditaments and real estates, situated at or elsewhere in England, and

WITNESS.

agent.

commercial

agent, are vir

(1) See the notes to Nos. IV. V. VI. The several AGREEMENTS be- The preceding tween Principals and Agents relative to mercantile affairs, inserted in a agreements with preceding part of this work (see Nos. IV. V. VI.), are virtually APPOINTMENTS of agents for the purposes they express, and may be tual appointconverted into actual or formal appointments, by commencing either of ments." them in the manner of the above precedent, and (after making appropriate recitals) proceeding with the WITNESSING part,

"Now THESE PRESENTS WITNESS, that he the said (principal) HATH appointed and deputed, and hereby DoтH, &c., him the said (agent) the agent of and for him the said (principal), in and for the matters, things and purposes hereinafter expressed (that is to say) [state the object of the agency, and then add covenants, &c. between the parties as in those AGREEMENTS]."

Hence I have not thought it necessary to insert any variety of forms of agency appointments.

SUP.-VOL. I.

S