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also will pay all railway and other fares, and hotel and other expenses of and incident to any journeys which the agent shall at any time hereafter be required by the principals to take for the purposes of their said business.

XXXIV. Employment of Colonial

Agent by Merchants.

9. In case the agent should not approve of the situation as Agent may agent to the principals in the said island, or in case the determine agreement on climate should not agree with the health of himself or family, giving notice. the agent shall and may, upon giving notice in writing to the principals, be at liberty to give up his employment as such agent as aforesaid, and to return to England, and then, and in such case, these presents, and every clause, matter, and thing herein contained shall cease, determine, and be utterly void, to all intents and purposes, any thing to the contrary thereof in any wise notwithstanding; and in such Principals to bring agent case the principals will, upon the expiration of such notice, and family so to be given as aforesaid, at their own proper costs and and goods charges, reconvey the agent and his wife, family, and servants, and any goods, chattels, property, or effects they may think proper to bring back again with them, to the port of London.

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dispose of

10. The agent will, during the said term of years, Agent to act if he shall so long live, well, diligently and faithfully, to the faithfully diligently and utmost of his power, serve the principals as their agent, and during term. take upon himself the care, conduct, and management of their said trade of merchandizing at the said store or warehouse; And will, at all times during the said term, receive To receive and take into his care and custody, all such goods and goods, and merchandizes whatsoever as aforesaid, and as by or for the goods. use, or on the account of the principals shall be conveyed or sent to the agent, and will sell, barter, and dispose of the same goods and merchandizes to the best profit he can for the principals; And also will, at all times during the said To obey directerm, follow and perform the advice, direction, and orders of tions of principals. the principals, which shall, by letters or otherwise, be sent, given, or made known to him the agent, concerning the said store or warehouse and merchandizes as aforesaid.

11. The agent will, at the costs of the principals, provide To keep books and keep in good order books of account, concerning his of account. employment as such agent as aforesaid, according to the

custom of agents to merchants in such cases: And will deal Todeal justly. justly, truly, and faithfully to and with the principals in all

and every his accounts, reckonings, bargains, and dealings,

XXXIV.

Employment of Colonial

Agent by Merchants.

To transmit
accounts an-
nually.
To advise

principals of
all important

matters.

To produce books of accounts, on request.

To render goods or moneys due.

relating to and concerning his said employment as such agent as aforesaid; And will constantly, once in every year during the said term of years, determinable as aforesaid, transmit and send to the principals true accounts of all the business and dealings of him the agent in the premises; And also will send letters of advice to the principals of all such measures and occurrences wherewith it shall be proper and expedient that the principals be acquainted.

12. The agent will, from time to time, upon every reasonable request of the principals, show forth and produce to them, or either of them, all his books of account, concerning all such his dealings aforesaid, and make and give to them a just and perfect account of and concerning all and every such goods, wares, money, and merchandizes of the principals which shall hereafter come to his hands and charge, or for which he should or ought to be accountable to the principals; and, moreover, that he will, within months

after such annual account shall be made or given in, well and truly satisfy and deliver over to the principals all and every such wares, money, goods, merchandizes, and other effects and things, as by such account shall appear to be due to the principals from the agent.

AS WITNESS, &c.

Parties.

XXXV. AGREEMENT to employ a FACTOR, to be remunerated by a Share of Profits, with weekly Drawings.

AN AGREEMENT, made the

day of

18-, BETWEEN [factor], of &c., of the one part; and [four copartners, principals], all of &c., of the other part. WHEREBY agreement to it is agreed by and between the said parties hereto as follows,

Recital of

act as factor.

Interpretation clause.

that is to say :

1. In this agreement the term "the factor" means the said [factor], and the term "the principals" includes the said [principals], and the survivors, and survivor of them, and such person or persons as may from time to time be copartner or copartners in trade with them, or the survivors or

survivor of them, and their respective executors, adminis- XXXV. For trators and assigns.

Employment of Factor

turers.

act as factor

years.

2. The factor will act as the factor or agent of the prin- by Manufaccipals in the vending of - for the term of years from the date hereof, determinable nevertheless as Agreement to hereinafter mentioned, and will conduct and carry on the forsaid agency, at the shop or warehouse of the principals, street, in the city of London, or in such other shop or warehouse, in the said city of London, as they may direct or appoint for that purpose.

in

business.

3. The factor will devote and give his whole time and Conduct of attention to the said agency, and will not engage in the business of a seller of, or in any other business whatsoever, either on his own account, or as a factor or agent, and either alone or in copartnership with any person or persons whomsoever.

4. The factor will carefully deposit and preserve, in the To take care of the goods shop or warehouse for the time being made use of for the committed to purpose of the said agency business, all such goods, wares, his charge. and merchandizes, as may be sent or transmitted to him by the principals.

best sale for

5. In managing and conducting the said agency, the To procure factor will use his best endeavours to procure the greatest ready money possible sale of the and other goods which he shall or to persons of good credit. be employed to sell as such factor as aforesaid, either for ready money, or to persons whom, after due inquiries, he shall ascertain to be persons of responsibility, and worthy to be trusted; And, upon making every such inquiry, will make a minute or memorandum thereof, in a book to be kept for that purpose, specifying the name of the person applying to purchase on credit, the name or names of the person or persons applied to for the purpose of knowing whether such person might be trusted with safety, and also specifying what was said upon the subject by such person or persons so applied to.

6. The factor will not give credit to any person or persons Limits as to for a greater length of time than without the giving credit.

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consent in writing of the principals; And will not, without such consent, sell to any person on credit to a greater amount than the sum of £

To act ac

7. The factor will, in conducting the said agency, con- cording to

directions of principals.

XXXV. For form to and govern himself by such orders, instructions, and Employment of Factor directions, as he may from time to time receive from the by Manufac- principals; And that in all cases where he shall receive no special orders or directions, he will act in such manner as he In absence of shall judge to be most conducive to the advantage of the

turers.

special orders,

to act for benefit of principals.

To account for

and transmit moneys, &c. received to principals.

To accept principals' bills when he

has assets in

hand.

To transmit monthly account of affairs to principals.

To keep account books.

To balance account books every half

year.

Principals to have access to inspect the

principals.

8. The factor will, from time to time, account for and transmit to the principals all moneys, bills, and securities for money, received from the sale of any · -, or other goods sold by the factor, as such factor or agent as aforesaid.

9. The factor will, from time to time, in case he has assets in his hands, accept and duly pay all such bill and bills of exchange as may be drawn upon him by the principals, and of which he may receive due notice from them, or the survivors or survivor of them.

10. The factor will, from time to time, on the first day of every month, send and transmit to the principals a full, clear, and correct statement in writing of all orders, both taken and executed, and of all goods which may have come to his hands; and also of all such goods as he may have sold, to whom, and whether for ready money, or on credit; and likewise of all such other matters, transactions and things, as in anywise concern the said agency business, and which may have taken place during the preceding month.

11. The factor will keep books of account, in which shall be made plain and correct entries of all goods received from the principals, and also of all goods sold and delivered by him, the factor, as such factor or agent as aforesaid, and also of all orders received and taken; and of all other matters, transactions, and things, in anywise concerning the said agency business: And will, on the

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day of

and the
day of
in each and every year, unless
either the said days shall happen on a Sunday, and in
that case on the day following, accurately cast up and
balance the said books of account, in order that the true
state of the said agency business may clearly appear there-
from.

12. It shall be lawful for the principals, or any of them, at all seasonable hours in the day-time, to have free access to the said accounts, &c. books of account, and to all other books, papers, documents, and writings in anywise touching or concerning the said agency

XXXV. For Employment of Factor

by Manufac

turers.

Account

served.

be

accounts to be

business; and to take copies of or extracts from the same or any of them; And which books of account, papers, documents, and writings, he, the factor, will carefully preserve (damages by fire and other inevitable accidents only excepted); and, upon the final settlement and winding up of the said agency business, will give and deliver up the same books, documents, carefully preand writings, undefaced and unobliterated, to the principals, or other the person or persons lawfully entitled thereto. 13. Upon the taking of every half-yearly account, as pro- Copies of vided by the clause hereof, a copy of such account, forwarded to signed by the factor, and verified by the statutory declaration principals. of himself, or of the person or persons whom he shall have employed to make up the said account, shall be forwarded to the principals, and shall, unless the principals, or any of them, shall within days after the receipt thereof object to the same, and notify such objection in writing to the factor, be deemed to be finally settled and binding upon the parties hereto respectively.

-th share of such

titled to share of gross

14. Upon the settlement of each half-yearly account the Factor enfactor shall be entitled to receive one a sum as shall by such account be shown to represent the profits. gross profits of the business carried on at the shop or warehouse of the principals at

preceding half year.

street aforesaid, for the

15. The factor may every week, during such time as he Weekly shall act as such factor or agent as aforesaid, draw out for his drawings. own use, on account of his share in the said gross profits, the sum of £; but if at the end of any half year it shall appear, upon taking the half-yearly account as aforesaid, that the share of gross profits, to which he is entitled at that date, does not amount to the aggregate of the weekly drawings made by him during the then preceding half year, then he shall within days after such account shall have been taken as aforesaid, refund the difference, but without interest.

over ware

16. The factor, during such time as he shall act as such Factor to refactor or agent as aforesaid, shall have the exclusive right, side in rooms with his family and servants, to reside in the dwelling-house, house, rent with the appurtenances, over the said shop or warehouse, in

street aforesaid, free from the payment of rent or taxes for the same.

free.

17. The factor will, at his own costs and charges, find Factor to pro

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