Power for Prin cipals to dis. charge Factor, on giving Notice. Arbitration Clause. Vol. III. Ch. III. or place of abode: And it is also agreed, that if the said A. B., C. D., and E. F., or the survivors or survivor of them, shall, at any time before the expiration of the said term of years, be minded and desirous to discharge the said G. H. from being such factor or agent as aforesaid, it may be lawful for them or him so to do, upon giving six months previous notice in writing of such intention, or upon leaving such notice at the shop or warehouse for the time being made use of by the said G. H. in the said agency business; any thing herein contained to the contrary notwithstanding. And it is hereby covenanted and agreed, by and between the parties hereto, that if any dispute or difference shall at any time or times arise or happen between the said G. H. on the one part, and the said A. B., C. D., and E. F., or any person or persons who may be co-partner or co-partners with them, or the survivors or survivor of them, their respective executors or administrators, or any of them, on the other part, for or on account of any matter or thing herein contained which shall not, within one calendar month after the same shall arise, be fully decided between the parties in difference themselves, then and so often and in every such case the matter of every such difference or dispute shall from time to time, upon the request of any of the parties in difference or dispute, be reduced into writing, and be referred to the hearing of three indifferent persons, to be chosen one by the said G. H., his executors or administrators, another by the person or persons in difference or dispute with the said G. H., his executors or administrators, and a third by the two first persons so first chosen; and such arbitrators to be accordingly chosen within the space of two calendar months next after such request as aforesaid; and the award, order, and determination of the said three persons so to be chosen as aforesaid, or of any two of them, in the matters referred to them, shall be binding and conclusive upon the parties in difference, their respective executors and administrators, and shall be performed, observed, and kept by them accordingly, provided such award, order, or determination be made in writing, under the hands and seals of the persons making the same, and ready to be shewn to the parties concerned within the space of twenty-eight days next after the request of any Rule of Court. of such parties for that purpose: And for the better enforcing the performance and observance of every such award, the same shall from time to time be made a rule of His Majesty's Court of King's Bench, according to the statute in that case made and provided. And for the purpose of better enabling the said G. H. to receive and get in all debts and sums of money for or on account of any goods, wares, and merchandizes which may be sold by him as such factor or agent as aforesaid, they the said A. B., C. D., and E. F. have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint the said G. H. their true and lawful attorney, for them, in their names, and for their use, to ask, sue for, recover, and receive all such sum and sums of money as shall or may due or owing from any person or persons for or on account of any goods or merchandizes sold by him as their agent or factor as aforesaid, and to give receipts and sufficient discharges for the same; they the said A. B., C. D., and E. F., hereby ratifying and confirming all and whatsoever he the said G. H. shall lawfully do or cause to be done in and about the premises, and any attorney or attornies under him the said G. H. to substi tute and appoint, and at pleasure to revoke. In witness, &c. Power of Attorney to Factor to receive Debts. be Articles of Articles of agreement entered into this day of in the year of our Lord, between A. B. and C.D. of, &c. of the one part, and E. F. of, &c. of the other part. Whereas the said A. B. and C. D. are manufacturers of, &c. at their der Seal between works at, &c. aforesaid; and in order to increase the sale of their said Principals and goods and commodities, being desirous of keeping a stock of the various latter, of Arti articles of their said manufacture at, &c. for the London markets, have Vol. II. Ch. III. agreed with the said E. F. to retain and employ him as their agent in disposing of the same, upon the terms and conditions herein-after mentioned. Agent, for the Now these presents witness, that for the considerations herein-after menSale, by the tioned, he (1) the said E. F. doth hereby for himself, his heirs, executors, cles of Manuand administrators, covenant, promise, and agree with and to the said A. B. facture. and C. D., and each of them, and their respective executors, administrators, Covenant by and assigns, that he the said E. F. shall and will, during the term of seven Agent to dispose years, to be computed from the day of the date of these presents, accept of Manufactures and receive all such goods, wares, and merchandizes as shall be sent or con- consigned to signed to him by the said A. B. and C. D. or any or either of them: And him, also shall and will use his best endeavours and means to sell and dispose of at such Price, the same at such price or sum, prices or sums as he shall be required, in &c. as Principals writing by and under the hands of the said A. B. and C. D. or either of shall direct. them, or for such further or other price or sum, or prices or sums, as can or ought to be had or obtained for the same, according to the rise or advance in the current or market price thereof, and at the expence and costs of him the said E. F. deliver the same to the several purchasers thereof: And further Will not act as a that he the said E. F., his clerks, agents, or servants, shall not nor will, like Agent for without such consent in writing as aforesaid, at any time or times within other Persons. the said period or term of seven years, take or execute any order or direction for vending or disposing of, nor shall or will vend or dispose of, or seek or endeavour to vend or dispose of any, &c., or other merchandize of the nature or kind aforesaid, for or on account of himself the said E. F., his heirs, executors, administrators, or assigns, or for or on account of any persons or person whatsoever, other than and except them the said A. B. and C. D., their executors, administrators, and assigns: Provided always nevertheless, If Principals fail that in case the said A. B. and C. D., their executors, administrators, or to supply Manuassigns, shall not be able to supply or furnish, or shall not in fact supply or factures, Agents furnish the said E. F., his executors, administrators, or assigns, with such merchandizes as aforesaid, upon receiving a request or notice in writing from and under the hand of the said E. F., within the time in such notice expressed; then and in every such case it shall be lawful for him the said E. F., his executors, administrators, or assigns, and he and they are lawfully allowed and required to provide and purchase elsewhere, and from any other person or persons whomsoever, such quantities of goods and merchandizes as he or they shall have demanded or have occasion for in the mean time and until the same can and shall be furnished or supplied by the said A. B. and C.D., their respective executors, administrators, or assigns; he the said E. F., his executors, administrators, or assigns, at all times and from time to time accounting with the said A. B. and C. D., their executors, administrators, or assigns, for all and every the net profits to arise from the sale thereof, after deducting the first cost or price for the same, and the charges and expences of carriage, and also the allowance or poundage herein-after mentioned: And they the said A. B. and C. D., for themselves severally and respectively, and for their several and respective executors, administrators, and assigns, but not the one for the other of them, or the executors or administrators, or the acts, deeds, or defaults of the other of them, do and each of them doth hereby covenant, declare, and agree with and to the said E. F., his executors, administrators, and assigns, that they the said A. B. and C. D., their executors, administrators, or assigns, or some or one of (1) If there be several agents in copartner ship, say," they the said (agents), for themselves severally and respectively, and for their several and respective heirs, executors, and of them, or for the heirs, executors, or admi- may buy on their Account. And allow to sion on Sale. A Salary for Covenant by Agent to be faithful to Principals. agree Vol. III. Ch. III. them, shall and will from time to time consign, supply, and deliver, or cause to be consigned, supplied, and delivered, at their own costs and expence, unto the said E. F., his executors, administrators, or assigns, with as little delay as may be, after notice in writing shall be given to them, under the hand of the said E. F., his executors, administrators, or assigns, so much and such quantities and sorts or kinds of the said goods and merchandizes as he the said E. F., his executors, administrators, or assigns, shall from time to time require; and shall and will allow and pay, or cause to be Agent Commis- allowed and paid unto him the said E. F., his executors, administrators, and assigns, the sum of £ for every £100 worth of the said wares and manufactures as shall be by him vended or disposed of, for or on account of the said A. B. and C. D., their executors, administrators, or assigns, or any or either of them, and so in proportion for any less sum or amount than £100; and also the annual sum of £as recompence for his time and trouble during the subsistence of the present agreement, and for the payment whereof, if in arrear, all the goods and mannfactures of the said Not to appoint A. B. and C. D. shall be chargeable: And further, that they the said A. B. other Agents. and C. D., their executors, administrators, or assigns, or any or either of them, their or any or either of their clerks or servants, shall not nor will within the said time or period of seven years, to be computed as aforesaid, without the consent in writing of the said E. F., his executors, administrators, or assigns, first had for that purpose, take or execute any order for supplying or furnishing, nor shall nor will supply or furnish with, &c. work or other the manufactures aforesaid, any person or persons whomsoever who shall reside in the town of aforesaid, or within the space or distance of five miles therefrom, other than and except him the said E. F., his executors, administrators, and assigns: And the said E. F. doth hereby, for himself, his heirs, executors, and administrators, further covenant and with and to the said A. B. and C. D., and every of them, and their respective executors, administrators, and assigns, that he the said E. F. shall and will at all times during the said term of seven years, be true and faithful unto the said A. B. and C. D. and every of them, and their respective executors, administrators, and assigns, in and about the vending and disposing of the said goods, merchandizes, and things aforesaid in all things, and act therein to the best of his ability, knowledge, and judgment, and also be true and faithful in and concerning all receipts, payments, accounts, matters, and things whatsoever by him or them made, had, entered into, transacted, To pay over Re- settled, or done, relative to the premises aforesaid, or any of them; and shall and will, on the day of in every year, account with and over unto them the said A. B. and C. D., their respective executors, admi nistrators, or assigns, all sums of money, bills, notes, and securities which shall have been received by or come to the hands of him the said E. F., his executors, administrators, or assigns, by all and every or any such sale or disposition of the said goods and merchandizes; and at the end or other sooner determination of the said term of seven years, goods and merchandizes as shall then remain unsold, or be in his or their custody, unto the said A. B. and C. D., their executors, administrators, or assigns, or such person or persons as they or the survivors of them, his executors, administrators, or assigns, shall, in writing under his or their hand Will not, without or respective hands, direct in that behalf: And further, that he the said E. F., his executors, administrators, or assigns, shall not nor will give credit Credit beyond a for, or direct to be sold and delivered upon trust or credit, any of the goods, wares, and articles of merchandizes aforesaid, exceeding the value of to any person or persons whomsoever, without the consent in writing of the said A. B. and C.D. or some or one of them, first obtained for that pur pose; nor shall nor will sell or contract, or sell or deliver, or cause, direct, or order to be sold or delivered, upon trust or credit as aforesaid, any ceipts once a Year; and deliver up Goods unsold at the End of the Term. Consent, give certain Amount; deliver up pay all such such goods, wares, commodities, and articles of merchandizes whatsoever, how- Vol. III. Ch. III. ever small the value or price thereof may be, to any person or persons whomsoever whom they the said A. B. and C. D., or any or either of them, shall have previously forbidden in writing to be credited or trusted: And nor compound further, that he the said E. F., shall not nor will, unless by the authority of Debis, &c. the said A. B. and C.D., their executors, administrators, or assigns, or some or one of them, under his or their hand or respective hands first obtained for that purpose, release, compound, or give acquittance for any sum of money, debt, security, or obligation, nor release nor discontinue any action, &c. Articles of Agreement indented, made, concluded, and fully agreed Agreement for afore Whereas the said C.D. is an insurance broker, residing at said: And whereas the said A. B. is desirous of becoming an underwriter or insurer of ships or vessels, and of merchandize on board ships or vessels, and of employing the said C.D. as his broker or agent, for the purpose of making and effecting such insurances, and for receiving the premiums of insurance, under and subject to the terms and agreements herein-after contained : to act as his Agent, and use tions. First, the said A. B. doth hereby agree with the said C. D., that it shall Underwriter auor may be lawful to and for the said C.D., until orders or notice to the thorizes Broker contrary, to act as the agent or broker of the said A. B., and to use the name and engage the credit of the said A. B., as an insurer or underwriter his Name and of any sum or sums of money not exceeding £- on any ship or vessel, Credit, under or goods and merchandizes in any ship or vessel, so as the responsibility of certain Condithe said A. B. on any one risk, either on a ship or vessel, or goods or merchandize in a ship or vessel, or both jointly or separately, may not exceed the sum of £- at one and the same time, and so as the name of the said A. B., as an insurer or underwriter, shall be used as to such ships or vessels, goods or merchandizes only on which such insurances shall be transacted at the office or house of business of the said C. D. in the regular and ordinary course of his business as an insurance broker, and on such risks only as are insurable in the common and ordinary course of business, (that is to say), at a premium not exceeding £-- per centum on the sum insured: And that for the purpose of making such insurance as afore- To execute Posaid, it shall and may be lawful to and for the said C. D. to use the name licies, and give and act as the attorney of the said A. B., and to sign, seal, and deliver any Acquittances for policy or policies of insurance in the name, and as the act and deed, of the said A. B., and to receive and give acquittances and discharges for any premium or premiums which shall be payable for or in respect of any insurance to be made from time to time in the name and on the account of the said A. B. And that he, the said A. B., shall and will, yearly and every And to allow year, on the and in that proportion for Broker a Salary. any less time than a year, give and allow to the said C.D. a salary of £—— of lawful money of Great Britain, as long, and so long, and during such time as he shall be employed by the said A. B. as his broker under or by virtue of these presents. day of Premiums. engage Under Secondly, the said C.D. doth hereby agree with the said A. B., that he Agreement by the said C.D. shall not nor will, at any time while employed by the said Broker not to A.B. as his broker under or by virtue of these presents, engage the name or responsibility of the said A.B. for any sum exceeding £- on any one risk on one and the same ship or vessel, or goods or merchandizes in the same ship or vessel, jointly or separately, or on any risk on which the pre writer's Credit beyond a certain Sum, and under other Conditions. To render Ac Vol. III. Ch. III. mium shall exceed £ per centum for the insurance, or in any insurance other and except such insurances as shall be transacted at the office or house of business of the said C. D., and in the regular and ordinary course of transacting the same business: And that he the said C. D. shall count of Risks, and will from time to time, at the request of the said A. B., render and give to the said A. B. an account of all risks in which the said A. B. shall be then engaged as an insurer, with all such particulars as shall be necessary to enable the said A. B. to ascertain the nature of the same risks; and also of all monies which from time to time shall have been received on account of the said A. B., in respect of the premiums of insurance, and also of all losses which shall have been sustained, or be claimed under any insurance or insurances, in which the name or responsibility of the said A. B. shall have been engaged. and of Monies received. Accounts to be settled yearly. Account of Profits. Account of Losses. Profits to be equally divided. on the Thirdly, it is hereby agreed by and between the said parties, that day of in every year, during such time as the said C. D. shall be employed and act as the agent or broker of the said A. B., the accounts of profits and loss on such insurances as aforesaid, as shall have been made in the preceding year, shall be made up and settled; and that such account of profits shall comprize the premiums received, and not returned; and that the account of losses shall include all sums payable or to be paid by the said A. B. as such insurer, together with such costs, charges, and expences incurred in settling or ascertaining the liability of the said A. B., or the quantum or extent of the loss to which he shall be liable; and the balance remaining for profit, if any, shall be divided into two equal parts, and that one of the said half parts shall belong to and be retained by the said C. D., in addition to his said salary, and as a further compensation for his agency; and that the other moiety or half part of the said profits shall belong and be payable and paid to the said A. B., his executors, administrators, or assigns; subject nevertheless to the right of the said C. D. to retain thereout the said sum or salary of pounds a year, unless the same shall have been previously paid by the said A. B.; and that the same moiety or half part of profits, subject to such deductions as aforesaid, shall be paid to the said A. B., his executors, administrators, or assigns, by the Broker not to be said C. D., out of any money in his hands; but nothing herein-before conliable to Losses. tained shall make the said C. D. liable to pay or contribute all or any part of the losses arising from any insurance to be made as aforesaid, other than and except by way of damages for breach or non-performance of all, any, or either of the agreements herein-before contained on his part. Covenant by both Parties to ment. And lastly, each of them, the said A. B. and C. D., doth hereby, for himself, his heirs, executors, and administrators, covenant, declare, and agree perform Agree to and with the other of them, his executors and administrators, that each of them, the said A. B. and C. D. respectively, and his respective executors and administrators, shall or will, from time to time, observe, perform, fulfil, and keep to and with the other of them, his executors and administrators, the articles, clauses, stipulations, and agreements herein-before contained, to be observed, performed, and kept by him or them on his or on their parts and behalfs, according to the true intent and meaning of these presents. In witness, &c. Articles of Agreement not under Seal be tween a Manu Articles of Agreement made and entered into this day of A. D. 1822, between A. B. of, &c., gent., of the one part, and C. D. of, &c., dyer and paint manufacturer, of the other part. Whereas Messrs. G. W. and Co. have for some years last past carried on the trade or business of dyed canvas and paint manufacturers, at their premises in Oak Lane aforesaid; and the said C. D., for and during a consi |