AGREEMENTS.

Build.

Will enter into a charter party.

Ship not to be otherwise em

ployed.

Owner, &c. will conform to direc

tions of merchant.

On breach of this

agreement, mer

chant may refuse the ship.

dule, and as the same ought to be repaired, fitted, armed, stored, and provided for the service aforesaid, according to the usage and customs of merchants. AND the said (builder) or other managing owner or owners of the said ship, and the commander thereof, shall and will from voyage to voyage enter into a charter party of the said ship to the said (merchant) for the said respective voyages, upon the terms in the same schedules mentioned, and in which said charter parties such further stipulations, provisions, and agreements, as shall be necessary and reasonable, shall from time to time be inserted. AND that the said ship shall not until she shall have performed such several voyages as aforesaid, be employed in any other scrvice or upon any other occasion whatsoever, than in and upon the service of the said (merchant) without the consent in writing of him the said (merchant), his executors or administrators, first had and obtained. AND that during such time as the said ship shall remain in the service of the said (merchant) the said (builder), his executors, administrators, and assigns, and all and every other the owners, commanders, officers, and crew of the said ship shall and will from time to time in all things conform themselves to, and shall and will submit, obey, and conform, as well in the equipment of the said ship as otherwise, to the lawful and reasonable orders, instructions, and directions which shall from time to time be given by the said (merchant), his heirs or administrators. PROVIDED always, that in case of breach of these covenants and agreements aforesaid, or any of them, by or on the part of the said (builder), or of any of the terms, stipulations, or agreements contained in or arising out of all, any, or either of the several schedules hereunto annexed, it shall be lawful to and for the said (merchant), his executors or administrators, to reject the said ship wholly from his service or employ, and also to recover a satisfaction for the damages occasioned by any such breach of covenant and the penalty of any obligation entered into for the due performance of this covenant, or to seek any other such remedies as he or they shall see fit, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. IN WITNESS, &c.

THE SCHEDULES

REFERRED TO IN THE ABOVE AGREEMENT MAY BE DIVIDED INTO,

1. The dimensions and scantlings of the ship.

2. The inventory of stores.

3. The charter party.

No. XVII.

*An Agreement To Charge (1) Lands with the Payment of a Debt previously owing.

AGREEMENTS.

Charge.

ARTICLES of Agreement made this

the year of our Lord, 18 BETWEEN the (debtor) of, &c. of the one part, and the (creditor) of, &c. of the other part. WHEREAS the said (debtor) is indebted to the said (creditor) in the sum of £ upon the note of hand, or bond (as the case may be), of him the said (debtor), as he the said (debtor) doth hereby acknowledge. AND whereas the said (debtor), at the request of the said (creditor), has consented to secure the same upon the real estates of the said (debtor) hereinafter mentioned. Now WITNESS THESE PRESENTS, that the said (debtor) hath agreed, and by these presents charge debt upon doth for himself, his heirs and assigns, covenant, agree, and declare, to and with the said (creditor), his executors, administrators, and assigns, that he the said (debtor), his heirs or assigns, shall and will, as soon as conveniently can or may be hereafter, well and effectually secure, at the costs of him the said (debtor), his heirs or assigns, the payment of the said sum of £ on or before the

of

day

together with interest for the same, after the rate of per cent. per annum; and in the mean time, by charging the same upon all that and those his messuage or messuages, lands, tenements and hereditaments, situated at

and known by the name of

in the county of

WITNESS. Agreement to

lands.

proper assur

and for that purpose shall And will execute and will make, do, and execute every such deed, or other assurance, ances. or act, or deed, which the counsel in law of the said (creditor), his executors, administrators, or assigns, shall deem necessary or proper. AND these presents further witness, that the said (debtor) for him- Debt to be a self, his heirs, executors, and administrators, doth hereby declare charge in the and agree with and to the said (creditor), his executors, admi

mean time.

(1) See other charges upon lands, &c. post Title " Charge."

AGREEMENTS.

Charge.

nistrators, and assigns, that the same messuages, lands, and heredi-
taments, shall in the mean time, and until such conveyance or assu-
rance, be or be considered chargeable with the payment of the said
sum of £
and interest, after the rate aforesaid, in as
forceable and effectual a manner as the rules of law or equity will
permit. IN WITNESS, &c.

No. XVIII.

*An Agreement by a Person entering into Co-partnership, to
Charge upon his Share of the Business a Sum borrowed by him
to make up his Proportion of Capital.

Variations where the party is already in the firm, and the sum
borrowed is for an increase of capital; also where lent by a co-
partner.

AGREEMENTS.

Charge.

ARTICLES of agreement made the

in the year

day of

BETWEEN (one intended co-partner or an Parties. actual partner) of &c., of the first part (and the other intended or actual partner) of &c. (co-partners, or intended co-partners in trade), of the second part, and if the lender be not a co-partner (the lender) of, &c. of the third part. WHEREAS (1) the said (1st party), and (2d party), have agreed to enter into copartnership (2) together, in the business of and to bring in respectively the sum of

(1) If the money is borrowed by a partner for an increase of capital, Increase of recite shortly the deed of Co-partnership.

L

at the end of

AND that in the said deed is contained a covenant, that the said parties should respectively bring in a further or additional sum of years from the date thereof, or sooner, if the said business should, in the opinion of either of the parties, require the same, in augmentation of their capital; that the said business hath greatly increased, and might, it is apprehended, be still further extended, if the further sum of £

was em

ployed therein; that the said (1st party) is ready to pay his propor-
tion thereof, but the other of them not having his proportion thereof
at command, the said (2d party) hath agreed to lend him the sum
of £
for that purpose, on having the same charged upon his
share of the said business, in the manner hereinafter expressed.

capital.

(2) If the sum be lent by a co-partner in augmentation of capital, Sum lent by recite, that part of the co-partnership deed which declares that if either co-partner. of the parties advance a further sum to the business, it shall be a charge, &c. (See ante, MOD. PREC. Vol. VII. p. 231.)

AGREEMENTS.

Charge.

WITNESS. Party agrees to lend.

in formation of a capital sum of L

day of

now next en

£ for carrying on the same; and whereas the said (2d party) not having so much at present at his command, the said (lender) hath with the privity and consent of the said (1st party) agreed to advance the sum of £ to enable him to make up his proportion of the said capital, on having the same charged upon his share of his said business, in the manner hereinafter expressed. Now THEREFORE WITNESS THESE PRESENTS, that in consideration of the said sum of £ to be well and truly advanced by the said (lender) to such person or persons as they the said (1st and 2d parties) shall require, on or before the suing (1), in case the said intended co-partnership shall then have The money lent been formed, they the said parties hereto of the 1st and 2d parts to be a charge respectively, do hereby covenant and agree that the said sum of L when so advanced, together with interest for the same, after the rate of £5 per centum per annum, shall be a charge and lien upon the share or proportion of him the said (2d party) in the said business, so to be carried on by them as aforesaid (2) but so and in such manner nevertheless, that the same shall as between the said parties hereto, of the 1st and 2d parts, be considered as the proper money and part of the capital of him the said (2d party) and not of him the said (lender), to any participation of profit or loss in the said business, as a co-partner therein. AND for better securing the said sum, and for the satisfaction of the said (3d party),

on borrower's

share.

Increase of capital.

Sum lent by a co-partner.

(1) If the sum be advanced in increase of the capital of a subsisting co-partnership, say,

"Well and truly paid by the said (lender) unto the bankinghouse of &c. (or as the case may be) to the account of and to the use of the said (co-partners), the receipt whereof they do hereby respectively acknowledge. They the said do, &c. (as above.)

(2) If the sum be lent by a co-partner in augmentation of capital,

say,

"Shall and it is hereby declared to be a charge or lien upon the share of him the said (2d party) in such manner, and carry interest after such rate, and subject to such stipulations, as in the said co-partnership deed is declared, as to or in respect of any further sum to be advanced and paid by either of the parties (with the consent of the other partner) into the said business, in or for an increase or augmentation of the capital thereof.