the jury found that he was authorized to do so by the usage there; but the Supreme Court of Massachusetts, where the ship and cargo were insured, said that the usage was unreasonable, and they would not allow it. The Supreme Court of Pennsylvania in one case refused to allow a usage, as unreasonable, by which plasterers charged half the size of the windows at the price per square yard agreed on for the plastering of a house.

Lastly, no custom, however universal, or old, or known (unless it has actually become law), has any force whatever, if the parties see fit to exclude and refuse it by the words of their contract, or provide that the thing which the custom affects shall be done in a way different from the custom. For a custom can never be set up against either the express agreement or the clear intentions of the parties.

I will now give forms for various agreements or contracts:

FORMS OF CONTRACTS OR AGREEMENTS.

Every agreement should be written, and signed by both parties, and witnessed, where this can be done; although the law absolutely requires witnesses in very few cases, and in none of mere contract. It is prudent, however, to have them, for it is a rule of law, that things which cannot be proved and things which do not exist are the same in the law.

Every thing agreed upon should be written out distinctly, and care should be taken to say all that is meant, and just what is meant, and nothing else; for it is a rule of law, that no oral testimony shall control a written agreement, unless fraud can be proved. Against fraud nothing stands.

(6.)

1.- A General Agreement, sufficient for many purposes.

MUTUAL AGREEMENT OF TWO.

A. B. of (place of residence, and business or profession), and C. D. of (as before), have agreed together, at (place), on (the day should always be named), and do hereby promise and agree to and with each other, as follows: A. B., in considera

tion of the promises hereinafter made by C. D. (if there are any such promises), and of (here state any other consideration which A. B. has), promises and agrees to and with C. D., that (here set forth, as above directed, the whole of what A. B. undertakes to do).

And C. D. in consideration (set forth consideration and promise as before).
Witness our hands, to two copies of this agreement interchangeably.

Signed and Interchanged in Presence of

E. F.
G. H.

A. B.
C. D.

(7.)

A General Agreement, as used in the Western States.

Witnesseth, That the said party of the first part hereby covenants and agrees, that if the party of the second part shall first make the payments and perform the covenants hereinafter mentioned on part to be made and performed, the said party of the first part will

And the said party of the second part hereby covenants and agrees to pay to said party of the first part the sum of dollars, in the manner following: dollars cash in hand paid, the receipt whereof is hereby acknowl

edged, and the balance

with interest at the rate of per centum per annum, payable annually. And in case of the failure of the said party of the second part to make either of the payments, or perform any of the covenants on part hereby made and entered into, this contract shall, at the option of the party of the first part, be forfeited and determined, and the party of the second part shall forfeit all payments made by on this contract, and such payments

shall be retained by the said party of the first part in full satisfaction and in liquidation of all damages by shall have the right to

sustained, and

It is mutually agreed that all the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators and assigns of the respective parties.

In Witness Whereof, The parties to these presents have hereunto set their hands and seals, the day and year first above written.

Signed, Sealed and Delivered in presence of

(Signatures.) (Seals.)

Witnesseth, That the party of the first part, for the consideration hereinafter mentioned, covenants and agrees with the party of the second part to perform in a faithful and workmanlike manner the following specified work, viz.:

And in addition to the above to become responsible for all materials delivered and receipted for, the work to be commenced and to be completed

and delivered free from all mechanic or other liens, on or before the

day of

And the party of the second part covenants and agrees with the party of the first part, in consideration of the faithful performance of the above specified work, to pay to the party of the first part the sum of

dollars, as follows:

And it is further mutually agreed by and between both parties, that in case of disagreement in reference to the performance of said work, all questions of disagreement shall be referred to and the award of said referees, or a

majority of them, shall be binding and final on all parties.

In Witness Whereof, We hereunto set our hands and seals on the day and year first above written.

Executed in Presence of

(Signatures.) (Seals.)

(9.)

An Agreement for Purchase and Sale of Land, in Use in the Middle States.

Whereas, The party of the second part hath agreed to purchase from the party of the first part, either on his own account or for whom it may concern, certain County, and State of

land in

Township,

And it is agreed that the party of the second part shall have the right to divide and subdivide said land in such manner, and appropriate to his own use so much thereof, as he may see fit, giving and paying to the party of the first part the sum of

day of

A.D. 18

and reserving to his

dollars, on or before the
own use any amount for which the whole or any be sold over the said
dollars.

And these Articles further Witness, That the party of the first part, for and in consideration of the premises and the sum of

lawful money, to him paid by the party of the second part, at and before the execu tion hereof, doth covenant, promise, grant and agree, with the party of the second part, his heirs and assigns, upon sale of said lands being made by the party of the first part, to sufficiently grant, convey and assure said lands, with the appurtenances, to the said party of the second part, or such person or persons as he may direct; and in default of the said party of the second part paying the amount hereinbefore specified at the time mentioned, then these articles are to be deemed and considered cancelled to all intents and purposes, the same as though they never had

been made.

In Witness Whereof, The parties hereto have hereunto set their hands and seals the day and year first aforesaid.

Sealed and Delivered in Presence of

(Signatures.) (Seals.)

(10.)

An Agreement for Sale of Land, in Use in the Western States.

Articles of Agreement, Made this year one thousand eight hundred and sixty

of the first part, and

day of between

of the second part,

in the

Witnesseth, That the party of the first part, at the request of the party of the second part, and in consideration of the money to be paid, and the covenants as herein expressed to be performed by the party of the second part (the prompt performance of which payments and covenants being a condition precedent, and time being of the essence of said condition), hereby agree to sell to the said party of the second part, all certain lot and parcel of land, situate in County of

and State of

known and designated as follows, viz. :

with the privileges and appurtenances thereto belonging.

And the said party of the second part, in consideration of the premises, hereby agrees to pay the party of the first part, his or their executors, administrators or assigns,

the sum of

in

days, dollars

as follows, viz.:

with interest at the rate of

per cent per annum from

to

be paid semi-annually in each year, on the whole sum from time to time remaining unpaid. And also that he will well and faithfully, in due season, pay, or cause to be paid, all ordinary taxes assessed for revenue purposes upon said premises, or any part thereof, subsequent to the year 18 . And also all other assessments which now are, or may be hereafter, charged or assessed upon or against said premises, or any part thereof. But in case the said party of the second part fail to pay any or all such taxes or assessments upon said premises or appurtenances, or any part thereof, whenever and as soon as the same shall become due and payable; and the party of the first part shall pay from time to time, or at any time, any or all such taxes or assessments, or cause the same to be paid; the amount of any and all such payments so made by the party of the first part, with interest thereon from the date of payment, shall immediately thereupon become an additional consideration, and payment thereof shall be made by the party of the second part hereto, for the premises herein agreed to be conveyed.

And the said party of the first part further covenants and agrees with the said party of the second part, that upon the faithful performance by said party of the second part of undertaking in his behalf, and of the payment of principal and interest of the sum above mentioned, in the manner specified, he the said party of the first part, shall and will, without delay, well and faithfully execute, acknowledge, and deliver in person, or by attorney duly authorized, to the party of the second part, heirs or assigns, a deed of conveyance of all the right, title and interest of the party of the first part, of, in and to the above described premises, with the appurtenances, with full covenants of warranty, also of waiver and release of all rights of the said party of the first part, resulting from the laws of this State pertaining to the exemption of homesteads.

And it is Mutually Covenanted and Agreed, by and between the parties hereto, that in case default shall be made in the payments of principal or interest at the time or any of the times above specified, for the payment thereof, and for days thereafter, this agreement, and all the preceding provisions hereof, shall be null and void, and no longer binding, at the option of said party of the first part, representatives or assigns; and all the payments which shall then have been made thereon, or in pursuance hereof, absolutely and forever forfeited to the said party of the first part; or at the election of the said party of the first part, representatives and assigns, the covenants and liability of said party of the second part shall continue and remain obligatory upon the said party of the second part, and may be enforced, and the said consideration-money, and every part thereof, with the annual interest as above specified, be collected by proper proceedings in law or equity, from the said party of the second part, heirs, executors, administrators or assigns.

And it is Further Mutually Covenanted and Agreed, by and between the parties hereto, that in case of default in the payment stipulated to be made by the said party of the second part, or any part thereof, and the election of the party of the first part, representatives or assigns, to consider