the articles to be made), of the same quality of materials and goodness as, and in all other respects according to, a pattern agreed between the said and deliver the same to the said months from the date hereof.

parties, within

at

And the said

in consideration thereof, doth covenant to pay to the said

rate of

after

at the

months from the delivery of the said as aforesaid. And it is agreed, that if any of the said

shall not be made agreeable to the said pattern, and for that reason shall be rejected by the said

he the said

such as shall so be refused, and deliver the said

shall take back the like quantity

of the goodness and make, according to the pattern aforesaid. IN WITNESS

AGREEMENT BETWEEN A TRADER AND A BOOK-KEEPER.

ARTICLES OF AGREEMENT, Between (the trader), of

(the book-keeper), of

during the term of said

and

The said agrees that he will, years from the date hereof, dwell with the and faithfully keep the books of accounts of the said and diligently serve the said in such other business as the said shall direct, and shall therein perform the reasonable directions of the said without disclosing the same, or any of his correspondence, or the secrets of his employment or business, to any person whatsoever; and shall not correspond with any person corresponding with the said nor use any traffic or dealing for himself, or any other person, without the consent of the said in writing. And the said further covenants, that he will, during the said term, keep true and perfect accounts for the said and will not embezzle, waste, or destroy any of the goods, moneys, or effects of the said or any of his correspondents; and also that he the said will, from time to time, during the said term, upon request, his a just and perfect shall receive

his

make and give unto the said account in writing of all money which he the said and pay out, and of all goods and commodities which he shall, at any time during the said term, receive in or deliver out upon the account of the said or any of his correspondents, or by the order of the said And also that he the said will pay to the said his all such sums of money as shall be due upon the foot of every such account. And also that he the said will not deliver forth upon credit any of the goods, merchandise, or moneys of the said or any of his correspondents, to any person or persons whatsoever, without the express consent of the said

And the said (the trader), for himself (and his heirs, &c.), covenants that he will pay to the said (the book-keeper), in consideration of the said ser

vices, the yearly sum of viz., on

IN WITNESS

in equal payments on the days following, and will, during the said term, provide for the said sufficient and suitable meat, drink, washing, and lodging.

AGREEMENT FOR DAMAGES IN LAYING OUT OR ALTERING A ROAD.

on the application of the requisite number of legal voters residing within three miles of said road, as follows: Commencing

which road passes through the land of as follows, viz. :

being known and described

Now, therefore, it is hereby agreed between the said commissioners and the said that the damages sustained by the said by reason of the laying out and opening said road upon his land, herein before described, be liquidated and agreed upon at

dollars.

IN WITNESS WHEREOF, The said commissioners and the said have hereunto subscribed their names, this

A. D. 186

(Signatures.)

day of

Commissioners of Highways.

(113.)

AN AGREEMENT BETWEEN A PERSON WHO IS RETIRING FROM THE ACTIVE PART OF A BUSINESS, AND ANOTHER WHO IS TO CONDUCT THE SAME FOR THEIR MUTUAL BENEFIT.

between

of

ARTICLES OF AGREEMENT, Made, entered into, and concluded upon, this day of of the one part, and the said

A.D. of

of the other part: Whereas hath conducted and managed for some time past the and in consideration of the attenthereunto, the said

trade or business of the said tion and assiduity of the said is willing to continue the said in the management thereof, under the covenants, restrictions, and agreements hereinafter contained; and in consequence thereof, an inventory and appraisement hath been made and taken of the stock, and entered in two receipt-books, one of which is to remain in the custody of each of them, the said parties to these presents, and is subscribed by both of them, and the value of the said stock in the whole appears to the amount of the sum of Now these presents witness, that for and in consideration of the covenants and agreements

hereinafter contained on the part of the said

to be performed,

the said for himself, his executors and administrators, doth hereby covenant, promise, and agree, to and with the said that it shall and may be lawful to and for the said

and

from time

to time, during the term of eleven years, to be computed from the day of the date of these presents, if they the said shall jointly so long live, to trade with the said stock, and to manage and improve the same, in such manner as to the said direction of the said

under the shall seem meet; upon trust, nevertheless, and to the intent and purpose that the said shall and do, by and out of the money which shall arise by sale of any part or parts of the said stock, buy such goods as shall be requisite to keep up and continue the present quality and value thereof, and by and out of the profits which shall arise from the trade and dealing, in the first place yearly and every year, pay the whole rent of the said house and shop, and pay and discharge all taxes which now are, or shall hereafter be, assessed or imposed on him the said or the said on account of the said house

or his

and trade; and in the next place, to pay to him the said assigns, yearly and every year during the said term of eleven years, if they the said and shall so long live, one clear annuity by equal half-yearly payments, on the day of

or yearly sum of day of

without any deduction

and the or abatement whatsoever, and subject thereto, to retain the residue and overplus of the profits which shall arise from his trade and dealing, to and for his own sole use and benefit, as a recompense and satisfaction for his care and trouble in the sale and management of the said stock. And the said in consideration of the premises, and of the covenant and agreement herein before on the part of the said contained, doth for himself, his executors and administrators, covenant, declare, and agree that he the said shall and will, from time to time, and at all times, for and during the said term of eleven years, if they the said and shall so long jointly live, diligently apply himself to the care and management of the said stock, trade, and business, according to his best skill, abilities, and discretion, and apply and dispose of the money which shall arise from the sale thereof, and all the profits of his trade and dealings, to answer and discharge the trusts hereby reposed in him, in such manner as hereinbefore is directed, declared, or expressed. And also shall and will write true and perfect entries, in proper books of accounts, of all such goods as shall be sold, and of all moneys which shall be paid and received by him, and permit the same, from time to time, to be inspected by him the said or such other person or persons shall not

as he shall appoint. And further, that he the said nor will, at any time during the continuance of the said term of eleven years, buy or sell, or in any wise trade or deal in his own name, but in the name only of him the said upon the trusts aforesaid; nor do any act whatsoever, whereby the said stock, or any part thereof, may be attached, or taken in execution. And also that at Christmas next, and so at every succeeding Christmas during the said term of eleven years or oftener, if thereto required by the said he the said

shall and will take a full account in writing of the said stock, then remaining in the said trade, and of the profits thereof, and deliver the same to the said in order to manifest to him a true state thereof, and of his proceedings in the trade by him carried on therewith. And at the expiration, or other sooner determination, of the said term of eleven years, he the said his executors or administrators, shall his executors or administra

and will deliver up to him the said

tors, the stock then remaining, for his or their own use and benefit, to the value of the sum of losses by bad debts, decay of goods, and

other inevitable casualties excepted. WITNESS our hands and seals, this

the year 18

day of

in

In presence of

(Signatures.) (Seals.)

(114.)

A BRIEF BUILDING CONTRACT.

upon

situate

to

to make, erect, build, and finish, in a good, substantial, and workmanlike manner, said be built agreeable to the draught, plans, explanations, or specifications, furnished or to be furnished to said by of good and substantial materials; and to be finished complete on or before the day of covenant and agrees dollars, as follows:

to pay to said

And said

for the same

Security against mechanics' or other lien is to be furnished by said

and

And for the performance of all and every the articles and agreements above mentioned, the said do hereby bind themselves, their heirs, executors, and administrators, each to the other, in the penal sum of dollars, firmly by these presents. and

IN WITNESS WHEREOF, We, the said hereunto set our hands, the day and year first above written.

Executed and delivered in presence of

have

(Signatures.) (Seals.)

Contracts for building are among those frequently made, and also among those which require the utmost care. A specification, stating and describing all the things which the parties desire and intend to have done, should always accompany the contract; and it may be difficult for persons not accustomed to the work to remember and specify, and properly describe, all the things they

propose to have in the building; but all these things should be accurately and precisely stated in the specification, as far as possible; for from omissions or errors of this kind, cases and questions are constantly arising.

CHAPTER XIII.

ASSIGNMENTS.

The word "assign" usually occurs in almost all forms of transfer and conveyance; but there are certain instruments to which the name of "assignment" is more particularly given. They are instruments by which other instruments or debts or obligations, as bonds, judgments, wages, and the like, are transferred. Sometimes they are written on the backs of, or elsewhere on the same paper with, the instruments to be transferred by the assignment. Some of these, as assignments of deeds of grant and conveyance, of mortgages, of leases, will be given in the chapters which treat of those topics. Here are given such forms as will enable one to make an assignment for any of the purposes for which assignments are usually made.

FORMS ANNEXED TO THIS CHAPTER.

(115.) A brief form of an assignment, to be indorsed on a note, or any similar promise or agreement.

(116.) A general assignment, with a power of attorney.

(117.) An assignment of a bond.

(118.) An assignment of a bond, with a power of attorney, and a

covenant.

(119.) An assignment of a judgment, in the form of an indenture. (120.) An assignment of wages, with a power of attorney.

(115.)

BRIEF FORM OF AN ASSIGNMENT, TO BE INDORSED ON A NOTE, OR ANY SIMILAR PROMISE OR AGREEMENT.

I HEREBY, for value received, assign and transfer the within written (or the above written) together with all my interest in, and all

my rights under, the same, to (name of the assignee).

(Signature.)