faid nominate and choose for that purpose; and according to fuch
the appraisement or valuation, and at and for the fum which the
faid goods, fhall fo amount unto the faid . W. doth agree to sell or
affign his right and title to the faid goods unto, the faid W W.
and upon executing fuch fale or affignment of the faid goods,
agree and
and his right in and to the fame, the faid W. W. doth
covenant to and with the faid J. W. to pay the fum of money
which upon fuch appraisement as aforefaid the fame fhall fo amount

unto.

Agreement for the Sale and Delivery of a Parcel of Goods of fuch Patterns on Arrival of a Ship's Freight, free and clear from Damage, and that the Purchaforion Notice of the Ship's Arrival fball receive and pay for the fame, and pay the Duty on Importation.

Agreement, &c. Between N. G. of the one Part, and 7. S. of the other
Part, as follows, (that is to fay,)

THE faid W. G. for himfelf, &c. doth covenant, &c. to and with

N.

the faid . S. his, &c. that he the faid N. G. for the confiderations, and at the price hereunder mentioned, fhall and will deliver, or caufe to be delivered unto the faid 7. S. his, &c. in the river of freight free, and clear from damage - lb. weight of of the feveral forts, and agreeable to the feveral patterns hereunto annexed. And the faid J. S. for himself, &c. doth covenant, promise and agree to and with the faid N. G his, &c. that he the faid F. S. his, &c. fhall and will, upon notice to him or them given by the faid N. G. his, &c. of the faid being arrived in the river of T. receive, or cause the fame to be received, from aboard fuch veffel wherein the fame shall be imported, or fhall then be; and fhall and will well and truly pay, or caule to be paid, unto the faid N. G his, &c. fo much lawful, &c. as fhall amount unto, at the rate of - per pound; And fall and will alfo bear, pay and discharge all the custom-duties and other charges to be paid for and in refpect of the faid after their arrival in the river of T. freight excepted. (Penalties may be added.) In witness, &c.

the faid

lb. weight of

Agreement for the Sale of a Quantity of Goods, if the Factors have them by them at the Ship's Arrival at fuch a Place.

Agreed the, &c. Between G. W. and T. S of, &c. of the one Part, and T. N. of, &c. of the other Part, as followeth, (that is to say,)

THE 'HE faid G. W. and T. S. do hereby for themselves, their execu- Covenant that tors, adminiftrators, factors, or affigns, covenant, promife and a merchant's agree to and with the faid T. N. his executors and affigns, that H. S. factors fh Ildeand 0. M. merchants at A. the factors of the faid G. W. and T. S fhall within days after the next arrival of the fhip V. H. R, mafter, tar on the at fhip's arrival,

-

Pp2

liver on board a quantity of

be received on board.

And bills of lading delivered.

at A. after the date hereof (to which place fhe is now bound) deliver or tender to be delivered on board the faid fhip, for the proper account and rifque of the faid T. N. at L. fix barrels of tar, of the fame goodness and fize as are ufually fold and delivered at A. to the Hollanders upon contract; and likewife fuch further quantity of the said tar as the faid H. R. fhall require, not exceeding four barrels, if the faid H. S. and O. M. fhall within the time aforefaid have the fix barrels, and any fuch further quan. tity thereof at A.not fold or disposed of, or any lefs quantity of tar which they fhall then have not fo fold or difpofed of upon the said ship's arriCovenant that val there, as hereunder is mentioned: And the said T. N. his executors, the fame fhall adminiftrators and affigns, doth hereby covenant, promise and agree, to and with the faid G. W. and T. S. their executors and affigns, jointly and severally, that the faid fix barrels, and what further quantity of tar the faid H. S. and O. M. fhall have ready, and fhall deliver, or tender to be delivered on board the said ship within - days after her arrival at A. or any fuch lefs quantity as aforefaid, fhall be received on board the said ship, for the account of the faid T. N. as aforefaid: And that he the faid H. N. or the matter of the faid fhip for the time being, fhall fign bills of lading for what fhall be fo received on board her, to be delivered to the said T. N. or his order in L. and that be the said T. N. his executors and adminiftrators, fhall and will fland to and bear all And to pay for rifques and damages thereof after the fame fhall be fo fhipped: And alfo that the faid T. N. his executors, adminiftrators or affigns, within days after the faid bills of lading for the said tar fhall be received by or delivered to the faid T. N. his executors or adminiftrators, by or from the faid G. W. and T. S. or either of them, he the faid T. N. his executors, adminiftrators or affigns, fhall and will well and truly pay, or caufe to be paid, unto the faid G. W. and T. S. their executors or affigns, in L. fo much lawful, &c. as the tar, which fhall be fo delivered on board the faid fhip, and for which the faid bills of lading fhall be figned as aforefaid, fhall amount to, at and after the rate of per barrel. And lafly, it is declared and agreed by and between the faid parties, That in cafe the faid H. S. and 0. M. fhall not have any tar by them, or that what tar they fhall have by them shall happen fhip's arrival, to be fold or difpofed of at the arrival of the said ship at A. that then and this agreement in either of the faid cafes thefe prefents, and every thing therein conto be void, &c. tained, fhall be void and of none effect; any thing aforefaid to the con

the tar after

fuch rate.

And that if the factors have

not any tar by them on the

trary notwithstanding. And it is further agreed by and between all the faid parties to thefe prefents, That the faid T. N. fhall pay all charges of thipping on board the faid goods, not exceeding two per cent. In witness, &c.

་་

Agreement

Agreement that Trees on an Eflate fold shall le valued, and the Value paid by the Purchafor of the Eflate.

Articles of Agreement, &c. Between W. R. of, &c. Gent. of the one Part, and J. T. of London, Gent. and C. T. of the City of Chichefter, Widow, Mother of the faid J. T. of the other Part, as followeth :

WHERE

have been ac

HEREAS the faid W. R. did lately agree with the faid 7. T. Recital of aand C. T. for purchase of all that, &c. and did agree alfo greement for that he the faid W. R. fhould pay for all trees growing upon the pre- lands, that the a purchase of miffes agreed to be purchased as aforefaid, (other than pollard and fruit trees thereon trees, and fuch trees which are not worth in value 35. a-piece) fuch fur- fhould be valuther fum of money as the faid trees (other than and except as aforefaid) ed, and the value paid to the fhould be appraised and valued at by H. H. &c (appraiser nominated by bargainor; the faid F. T. and C. T) and G. B. of, &c. (appraiser nominated by the faid W. R.) and in cafe they fhould not agree in the value of the faid trees agreed to be paid for as aforefaid, then fuch further fum of money as a third person, to be chofen by the faid H. H. and G. B. fhould value the fame trees at: And whereas in purfuance of the faid that the lands agreement the faid meffuages, lands and premiffes agreed to be pur- cordingly conchafed as aforefaid, have at the request of the faid W. R. been convey- veved, but the ed unto and to the use of him and one W. J. and their heirs; and the trees have not faid fum of 16807. hath been paid to the faid J. T. and C. T. by the yet been valufaid W. R. but the faid trees agreed to be paid for as aforefaid have not yet been valued: Now thefe prefents witness, that it is hereby declared Agreement to and agreed by and between the faid parties to thefe prefents, as follow. make a valua tion, to refer eth, viz. That the faid H. H. and G. B. fhall make and declare the the fame to a valuation of the faid trees agreed to be paid for as aforefaid on or before third perfon. the first day of March next enfuing the date of thefe prefents; and in cafe they fhall not agree in the valuation of the trees to be valued as aforefaid on or before the fame day, that then they fhall forthwith nominate and agree upon a third perfon to make his valuation of the faid trees agreed to be valued as aforefaid, which valuation fhall be made and declared on or before the 10th day of March next enfuing the date of

ed.

tion.

thefe prefents. And the faid W. R. for himself, his heirs, executors Covenant to and administrators, doth hereby covenant and agree to and with the pay according faid J. T. and C. D. their executors and adminiftrators, that he the to the valuafaid W. R. his executors or adminiftrators, fhall and will within the fpace of 20 days next after the faid H. H. and G. B. fall have declared fuch their valuation, to be made by them as aforefaid; or in default of fuch valuation, then within the fpace of 20 days next after fuch third perfon to be nominated as aforefaid, shall have declared fuch his valuation to be made as aforefaid, well and truly pay, or caufe to be paid, unto the faid J. T. and C. T. their executors, adminiftrators or affigns, fuch fum as by fuch valuation which fhall be made and declared as aforefaid, the faid trees agreed to be valued as aforefaid, shall amount unto. the faid J. T. for himfelf, his heirs, executors and adminiftrators, and accept the the faid C. T. for herself, her heirs, executors and administrators, do,

་

And Covenant to

and

fame, and fign anacquittance,

and each of them doth covenant, declare and agree, to and with the faid W. R. his heirs, executors, adminiftrators and affigns, by thefe prefents, as followeth, viz. That they the faid T. and C. T fhall and will accept of such fun of money as the faid trees agreed to be valued as aforefaid, by fuch valuation as fhall be made and declared as aforefaid, fhall amount unto, in full fatisfaction for fuch trees: and allo fhall and will on receipt of fuch fum acquit, releafe and difcharge the faid W. R. and W' their heirs, executo's, adminiftrators and affigns, of and from all coins and agreements for, touching or concerning fuch trees, to be valued as aforefaid, in fuch manner as their or any of their counfel in the law fhall reasonably adviie or devife and require; and deliver up and fhall and will on or before fuch receipt deliver, or caufe to be deliver deeds concerned, unto the faid W. R. his heirs or affigns, all fuch deeds, evidences ing the pre and writings as touch or concern the laid premiffes conveyed as afore mifles conveyed. faid, which they the faid FT. T. C and H. V. gent. their agent or attorney, or any of them, have or hath in their or any of their cutlody or power, or which they or any of them can come by without fuit in Provifo in cafe law or equity. Provided always, That if either of the faid appraisers of death of any nominated as aforesaid, or fuch third person to be nominated as afore of the appraif- faid, fhall die before any fuch valuation as aforefaid thall be made and

ers.

Penalty.

Memorandum as to the value of the trees.

declared as aforefaid, then and in fuch cafe fome other perfon or per-
fons fhall immediately after fuch dying be nominated in the room or
ftead of fuch perfon or perfons fo dying, by fuch perfon or perfons who
had before nominated fuch perfon or perfons fo dying; and in cafe of
any fuch new nomination or nominations, time fhall be allowed for
making a valuation of the faid trees agreed to be valued as aforefaid,
and for payment of the monies agreed to be paid for the fame perfonally,
to the refpective times herein before particularly mentioned and allowed
for making a valuation of the faid trees, and for payment of the monies
agreed to be paid for the fame. And for the true performance of fuch
of the covenants and agreements herein before contained, which on the
part
and behalf of the laid W. R. his heirs, executors or adminiftrators,
ought to be performed, according to the true intent and meaning of
thefe prefents, he the faid . R doth hereby oblige and bind himself,
his heirs, executors and administrators, unto the faid . T. and C. T.
their executors, adminiftrators and affigns, in the penal fum of 1200!.
(The like 'covenant from J. T. and C. T. to the faid W. R.) In wi
ness, &c.

M

Indorfed on the faid Articles.

EMORANDUM, That before the fealing of the within writ ten articles it was agreed between the parties thereto, that fuch perfon or perfons, who by virtue of the within articles fhall make and declare a valuation of the trees thereby agreed to be valued, fhall alfo make and declare a valuation of all fuch trees (other than fruit trees and pollards) as are growing upon the lands and premiffes agreed to be purchafed, as in the within written articles is mentioned, which they fhall find to be worth more than 25. 6d. a-piece, and not worth 35 apiece; and in cafe fuch trees upon fuch valuation fhall amount in value to more than 30l. that then the faid W. R. his executors or administra

tors;

tors, fhall pay unto the faid 7. T. and C. T. their executors or adminiftrators, fuch fum of money as the fame trees worth more than 25. 6d. a-piece, and not worth 3s. a piece, shall upon a valuation to be made thereof as aforefaid amount to more than 30l.

Agreement for the Sale of a Parcel of Trees growing, and Liberty to cut
down and carry them
away, &c.

Articles of Agreement indented, &c. Between R. H. of

Part, and E. M. of

Timber-Merchant, of the

of the one other Part, in

Manner following, (that is to fay,)

HE faid R. H. in confideration of

THE
&c. by the faid E. M. the receipt, &c. and in confideration of the trees.
further fum of. - to be paid him by the faid E. M. his executors or
adminiftrators, as hereunder is mentioned, Hath granted, bargained and
fold, and by, &c. Doth grant, bargain and fell unto the faid E. M.
his executors, administrators and affigns,
of the oak trees,
now ftanding and growing in and upon the lands and grounds belong-
ing to the feveral farms, called or any of them, in the parish

to him in hand paid, at, Sale of timber

of, &c. now in the tenure, &c. which the faid E. M. his executors or affigns, fhall think fit to chufe, and take from all or any of the faid farms, and the lands and grounds thereunto belonging, or to any of them, together with the tops and bark of and belonging to the faid

take them

away, &c.

trees hereby fold. And the faid R. H. for himfelf, his executors, Liberty to cut adminiftrators and affigns, doth covenant, promife and agree, to and them down and with the faid E. M. his executors, adminiftrators and affigns, by these presents, that at all or any time or times, until the, &c. which will be in the year of, &c. he the faid E. M. his executors, workmen, fervants, or affigns, fhall and may have free liberty of ingrefs, egrefs and regrefs, into and from all or any part of the lands and grounds belonging to the farms aforefaid, or any of them, with horfes, carts and carriages, to chufe, take, fell, cut down and carry away the faid — trees, and the tops and bark thereof, to and for his and their own ufe and uses; and like liberty to make and dig faw-pits in convenient places in the faid grounds and therein to faw, cut out and convert all, or so many of the faid trees as he or they fhall think fit, for the better conveniency or carriage thereof. And the said E. M. for himself, his executors, ad- Covenant to miniftrators and affigns, doth covenant, promise and agree, to and with take them the faid R. H. his executors, adminiftrators and affigns, by these pre- the purchafeaway and pay fents, as followeth, (that is to fay,) That within the time aforefaid he money. the faid E, M. his executors, administrators, fervants or affigns, will chufe out, and at his and their own charge fell, cut down and carry away the faid trees fo fold to him as aforefaid; and in confideration, and in full for the purchase thereof, fhall and will truly pay, or caufe to be paid, unto the faid R. H. his executors, adminiftrators or affigns, the fum of in the manner following, viz.

part thereof on the, &c. next enfuing the date of these prefents, and the remaining fum of, &c. on the, &c. then next following. (Penalty.) In witness, &c.

Another