NINTHLY, To make Discoveries of Debtors Effects.

An Agreement between a Judgment Creditor and one who difcovers Effects of the Debton; in order to levy Execution thereon, for the Difcoverer to have Half of the Money levied; but in cafe of Eviction under Com million of Bankruptcy, to refund his Share, and bear Part of the Expences, &c.

WE

Articles, &c. Between A. B. of, &c. and C. D. of, &c.

WHEREAS the faid A. B. did on or about
was in the

term, which Recital of a year of the reign of, &c. recover and obtain in judgment for the court of K. B. at Westminster against E. F. of, &c. one judgment money recofor 7. debt, befides cofts of fuit, as by records thereof remain- what is due vered, and ing in the faid court doth more fully appear; upon which judgment thereon. there is yet due and owing unto the faid A. B. the fum of/. princi. pal money, or thereabouts, befides intereft; And whereas the faid C. D. The difcovery at the request of the faid A. B. hath lately made a discovery to him the of money due faid A. B. of a certain debt of 1. or thereabouts, due and owing by to the debtor. F. G. of, &c. to the faid E. F. and of the time and place of payment of the faid debt, to the end and purpofe that the faid A. B. may have and take the faid. when paid in execution upon the faid judg ment, towards fatisfaction of the monies due to him thereupon: Now The creditor thefe prefents witness, That in confideration of fuch difcovery as afore- agrees to refaid, whereby the faid A. B. may probably get and obtain fome part of vive the judg the monies due to him upon the faid recited judgment, which otherwife ment, and fue feemed a defperate debt, he the faid A. B. doth hereby for himself, his thereupon. heirs, executors and adminiflrators, covenant, promife, grant and agree, to and with the faid C. D his executors and adminiftrators, in manner following, that is to fay, That he the faid A. B. fhall and will, at his own cofts and charges, forthwith caufe the faid judgment to be revived, and execution thereupon fued forth, and ufe his utmost endeavour to caufe the faid to be taken into execution thereupon: And fur. In cafe of the ther, that in cafe the faid A. B. fhall, at any time or times hereafter, recovering the have or take the fum of 7. or any part thereof, or any other the whole or part, eftate of the faid F. C. which fhall come to the hands or poffeffion of to pay a moiethe faid E. F. in execution upon the faid judgment, then and in fuch coverer. cafe he the faid A. B, fhall and will forthwith pay and deliver unto the faid C. D. his executors or adminiftrators, to and for his and their own ufe and benefit, one moiety or half part of fuch monies or ellate as shall

out execution

ty to the dif

be taken in execution aforefaid: In confideration whereof he the faid C. The difcoverer D. doth hereby for himself, his heirs, &c. covenant, Sc. to and with covenants, in the faid A. B. his, &c. that in cafe the faid monies or ellate to be taken cafe of eviction in execution as aforefaid, or any part thereof, fhall at any time after- by means of a wards by reafon and means of any commiffon of bankruptcy taken out bankruptcy, to or to be taken out against the said E. F. or by any means whatsoever, te repar, &c. ani evicted or recovered back from the faid A. B. then and in fuch cafe he to allow the the faid C. D. his, &c. fhall and will forthwith thereupon repay unto creditor ha f

the

commiflion of

charges on the faid A. B. his, &c. all fuch monies and estates as he the said C. D. another part of fhall have fo had or received of the said A. B. as aforefaid: And further, the cafe which that he the faid C. D. his, &c. fhall and will pay or allow unto the faid A.B. may happen. his, &c. one moiety or half part of the charges and expences which he or they fhall be put unto or fuftain by reafon or means of any other or further execution which fhall be made or fued out on the faid judgment against any other part of the estate of the said F. G. which shall come to the hands or poffeffion of the said E. F. and of all other charges occafi oned by fuch eviction or recovering back of the monies or estates to be taken in execution as aforefaid. And lastly, each of them the faid A. B. and C. D. doth hereby bind and oblige himself, his, &c. unto the other of them, his, &c. in the penal fum of — 1. of, &c. for the true and faithful performance of all and every the covenants and agreements herein before contained, and which by them refpectively are and ought to be done and performed respectively as aforefaid. In witness, &c,

A reciprocal penalty.

TENTHLY, Concerning Factors, Agents, Book-keepers, Clerks,
Journeymen, Apprentices, and other Servants.

An Agreement between a Tradefman in the Country, and bis Faßter in
London,

Articles, &c. Between R. C. of, &c. and J. F. of, &c.

Recital of the WHEREAS the faid R. C. hath contracted and agreed with the

contract.

covenant.

faid . F. to employ him as a factor in London for him the faid R, C. for the vending, felling and uttering of all fuch wares and merchandizes, (or, of all fuch Ilminster and Chard Kerfies, &c. parti cularly mentioning the goods) as he the faid R. C. fhall confign and fend unto the faid J. F. in his now dwelling-houfe in Lothbury, London, for and during the space and term of years to commence from the Parties mutual day of the date hereof: Whereupon it is covenanted, &c. by and between the faid parties, and either of them the faid parties, by and for himfelf, his executors and adminiftrators, doth covenant and grant to and with the other of them the faid parties, his executors and adminiftrators, in manner and form following, viz. That he the faid 7. F. fhall and will not only accept and take into his house, truft, charge and cuftody, all fuch wares and merchandizes (or, all fuch Ilminster and Chard Kerfies, &c.) as he the faid R. C. fhall upon his account, or which shall belong unto him, fend and confign unto the said J. F. to London, to be vended The factor to and fold; but also fhall do his best endeavour to vend and fell the fame

receive and fell goods.

to and for the only ufe and benefit of the faid R. C. to the best profit and advantage, and in the best manner that he the faid J. F. can or may perform, and that from time to time, and at all times during the faid To keep true fpace, &c. to commence, &c. as aforefaid. Also that he the faid 7. accounts, and F. fhall not only keep, or caufe to be kept, a just and true book or books of account and reckoning in writing, of all fuch wares and merchandizes (or, of all fuch cloth and kerfies, &c.) as he the faid R. C.

make true payments.

fhall

fhall from time to time during the faid term, confign unto the faid 7. F. and fhall fo come to his charge and cuftody, and to whom, and at what rates and prices, and at what time and times the fame fhall be fold and vended by him the faid J. F. but also well and truly pay and deliver unto the faid R. C. his executors, administrators or affigns, all fuch monies, fpecialties and other things, as fhall come to the hands of or fhall be received by the faid J. F. for the faid wares, &c. during the term aforefaid, together with all fuch wares, &c. as before the fame account fhall appear to be received by the faid 7. F. and not fold at the end of the faid term. Also that be the faid . F. fhall be true and faith- To be faithful unto the said R. C. in the felling and vending all wares, &c. during the ful, &c. faid term, and not defraud or defeat the faid R. C. in any of the premiffes wilfully, or to his knowledge, but shall endeavour to vend the faid, &c. to able men, for the best prices and shortest time of payment,

other.

as he conveniently can. Also that the faid F. F. thall not during the Not to be facfaid years deal or trade as factor for any other perfon or perfons, tor for any for the buying or felling of any wares, &c. but only for him the faid R. C. as aforefaid. Also, in confideration of which factorship so to be done The factor's and performed by the faid J. F. as aforefaid, he the faid R. C. doth wages, hereby for himself, &c. covenant, &c. to pay to him the faid 7. F. his, and charges. &c. the fum of, &c. per ann. and alfo the fum of, &c. for (hallage) porterage, and other like charges. Also that the faid R. C. fhall not The tradefat any time during the faid years, confign or fend unto the faid man not to J. F. any wares, &c. that fhall belong to any other perion or perfons, but fuch as fhall properly belong to him the faid R. C. only. witness, &c.

Another Agreement between a Tradefman and his Fador.

ner but his

confign any

In own goods.

Articles, Covenants, Grants and Agreements, indented, &c. Between W. P. of, &c. of the one Part, and T. B. of, &c. of the other Part, as follows, viz.

WH

WHEREAS the said W. P. for the special truft and confidence Recital that a which he repofeth in the said T. B hath accepted and taken tradefman has him the faid T. B. to be his factor, to fell and difpofe of all fuch, &c. taken a factor. or any other kind of wares which he doth or fhall deal with, and which fhall come to the hands of the said T. B. or any of his fervants or affigns,

to be fold during fo long time as they fhall agree together: Now the Covenant. faid T. doth covenant, grant and agree for himself, his heirs, executors and administrators, in manner and form following, viz. That he the faid T. fhall and will from time to time do his best endeavours to fell and utter all fuch wares of the faid W as the said T. now hath, or which hereafter shall come to the hands of the faid T. or his fervants or affigus, to the best benefit and profit of the said W. his executors and administrators (bona fide) either for ready money, or for reasonable days, as he hath heretofore ufed, and doth now ufe; And alfo fhall and will from time The factor to to time, during all the time that he fhall fo continue factor as aforefaid, colle&t money do his best endeavour from time to time to collect and gather up all fuch by him trulted and pay the fum and fums of money as be and shall be due for, upon, or by reafon fame to his

of mafter.

A covenant

within ten days

any money to

deliver a re

ceipt for the

fum.

A covenant

that the factor

fhall keep a particular

book, to enter

down the

fales thereof

of the fale of any fuch wares by him fold, or to be fold and uttered; and all fuch fum and fums of money as he hath already received, fhall pay, or caufe to be paid, to the faid W. his executors or adminiftrators, within ten days next after the date hereof; and all other fum and fums of money which fhall be from time to time hereafter received, for or by reafon of fuch wares fold, or to be fold, or any of them, shall and will always from time to time pay, or caufe to be paid, to the said W. his executors, adminiftrators or affigns, within ten days next after the receipt thereof. In confideration whereof the faid W. doth covenant and from the maf- agree to and with the faid T. B. his executors or administrators, from ter, always time to time, as he shall receive any fum and fums of money of or from after receipt of the faid T. his executors or adminiftrators, as aforefaid, within ten days next after any such receipt, to deliver, or caufe to be delivered, to the faid T. his executors or administrators, a note in writing, under his or their own hand-writing, teftifying the faid receipt from time to time. The faid T. doth covenant, grant and promife, for himself, his heirs, executors and administrators, to and with the said W. his executors and adminiftrators, that he the faid 7. fhall and will keep a particular book from time to time, wherein are or fhall be written and contained the particulars of all fuch wares of the faid W. as the faid T. had in his hands on the 16th day of April last past; And also the true particulars of all wares, and all fuch wares as the faid T. or any of his fervants or affigns have received fince the 16th day of April; and alfo the true particulars of all fuch made, and what is fold for wares as he or they, or any of them, fhall from time to time receive of ready money, or from the faid W. and also of all fales and barters of fuch wares fince and what upon the 16th of April have been made, and from time to time hereafter shall tru, and upon be, as the fame have been and fhall be truly fold and put away for ready give an account money, or upon days given and of the very true days and times of pay of the wares re- ment agreed upon for fuch wares; And also, that the faid T. his execu maining, and tors or adminiftrators, fhall and will from time to time, at the reasonof the money able request of the faid W. his executors or adminiftrators, make and yield up unto him or them, a true account in writing, as well of all the maining, &c. faid wares remaining in his hands the 16th of April, as of such wares of And to account the faid IV. as fince that time have come to the hands, or hereafter shall wares remain come to the hands of the said T. or of any other by his appointment or ing, &c as means; And also to whom, and for what price and prices, and how and thofe fold, &c. upon what days or times of payment, the fame, and every of them, have been, or shall be from time to time fold and uttered, and what fo do or fhall remain unfold; and all fuch of the faid wares as fhall remain unfold, or fhall not be fold to and for the ufe, benefit and profit of the faid W. his executors or administrators, at the time of fuch account to be made, or at the time of the death of the faid T. if he fhall fortune to die poffeffed of any fuch ware at the time of his death, shall and will well and truly deliver, or cause to be delivered, to the faid W. his executors or adminiftrators, fafe, and in as good cafe as he received the fame, or else fhall content and pay unto the faid W. his executors or administrators, the true price and value of the fame and every of them. In witness, &C.

demand fhall

- taken, and re

as well of

An

An Agreement whereby Cheesemongers appoint an Agent to look after and prevent Impofitions in Country Traders, in the weighing and packing up of Butter.

Articles of Agreement indented, made, concluded and mutually agreed upon this Day of, &c. Between the feveral Perfons whofe Names are hereunder fubfcribed, and Seals affixed, (Traders in Butter and Cheese in the Cities of London and Westminster and Places adjacent) of the one Part, and S. S Citizen and TallowChandler, of London, of the other Part, in Manner following, (viz.)

W

butter, contra

thorize their agent,

WHEREAS several abuses and frauds have been heretofore, and Recitals. yet are continued to be committed, in the weight or falfe packing of butter by feveral perfons in the counties of Derby and Stafford, and elsewhere, in breach and contempt of a ftatute made in the 14th year of the reign of the late king Charles the Second, intitled, An a& Frauds in the for reforming of abufes committed in the weight and falfe packing of butter; weight and and although there are fufficient penalties provided in the faid ftatute for package of punishing of the faid abufes, yet for want of due encouragement to put ry to the flathe fame in execution, the faid abufes remain unreformed, to the great tute. detriment of the public: Now thefe prefents witness, That to the end To prevent and intent the fame abufes in the faid counties of Derby and Stafford fuch abules. may, as far as can or may, be rectified and reformed, and that all offenders therein may be effectually profecuted upon the faid ftatute, they the faid feveral perfons whofe names are hereunto fubscribed, and seals affixed, (being dealers in potted butter as aforefaid) Do, and each and The cheefeevery of them Do and Doth, feverally and refpectively, and not jointly, mongers aucovenant, promife and agree to and with the faid S. S. by thefe prefents, in manner as follows, (that is to fay) They the faid feveral perfons fubfcribing and executing of thefe prefents, do hereby, as much as in them lies, fully and abfolutely authorize and impower the faid S. S. and his to buy butter affigns, to buy and purchafe in the faid counties of Derby and Stafford, in certain or one of them, or elsewhere, as many pots, for the putting in, and potting and packing of butter, as he or they fhall think fit, and as fhall be neceffary for that purpose, the fame to be at the prices and fized and marked as follows, (viz.) not to exceed 45. per dozen for fuch pots as Prices. fhall be glazed, and not to exceed 35. per dozen for fuch pots as fhall be unglazed; And that every fuch put fhall be of fuch fize or bignefs as to Sizes. hold at least 20 pounds of butter; And that each fuch pot, (befides the mark directed by the faid ftatute) fhall be marked and tared with the letter S. and S. (being the first letter of the chriftian and furname of the faid S. S.) and alfo with the weight of the said pot; And that he the said Pots may be S. S. fhall and may deliver, or caufe to be delivered, to the farmers and delivered to other perfons who fhall make, vend, trade in or fell butter in the coun-1 ties aforefaid, the faid butter pots, at the price, fize, and fo marked as aforefaid; And they the faid feveral perfons executing thefe prefents, Agent folely do hereby appoint the faid S. S. their fole agent for the purposes afore- appointed for faid, for and during the full term of two whole years, to commence to years.

from

places.

Marks:

farmers.