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facture of Salt.

last, and the owner is also entitled to the plant, implements, XL. Manuand utensils belonging to, and used in and about the said salt works, for the manufacture of salt; AND WHEREAS the said parties hereto have agreed that the manufacturers shall manufacture salt at the said salt works, upon the terms and conditions hereafter mentioned. NOW THESE PRESENTS WITNESS and the owner and manufacturers hereby mutually agree as follows, that is to say :

tion clause.

1. In these presents the term "the owner" includes the said Interpretaowner and his executors, administrators, and assigns, and the term "the manufacturers," includes the said manufacturers, and the survivors and survivor of them, and the executors or administrators of such survivors, their or his assigns. 2. The manufacturers shall and will manufacture salt or Agreement to cause salt to be manufactured at the said works, for and on behalf of the owner, during the remainder of the said term of the owner in the said works, and shall not nor will manufacture salt at the said works for or on behalf of themselves or any other person or persons than the owner.

conduct the manufacture.

3. The owner shall at his cost deliver the necessary supply Owner to of brine into the pans of the said works, and that such deliver brine brine shall not be less than thirty-eight degrees strong, to

be tested by
's hydrometer; and that if any brine so
delivered shall be below such strength, the salt to be manu-
factured therefrom shall be paid for at such an advanced rate
as will compensate for the additional cost of the manufacture
thereof, and such additional cost in case of difference shall be
determined by [referee], of &c., and [referee], of &c., or by an
umpire to be named by the said referees.

salt into

4. The manufacturers shall and will except and so far as Manufactuthey shall be prevented or hindered by frost or any other rers to deliver cause not under their control, manufacture and deliver into barges, &c.; barges or carts to be supplied at the works for that purpose, by and at the cost of the owner, salt, at the rate of 4,160 tons per annum, and shall and will so manufacture and deliver

the same after the rate of eighty tons per week.

5. The owner shall and will take and remove the salt which to be supplied shall be manufactured in pursuance of this contract, at least by owner. to the extent in quantity or weight mentioned in the last article, and shall and will supply weekly at the said works, the necessary barges or carts for removing the weekly quantity

XL. Manu- in the said last article agreed to be delivered and supplied

facture of

Salt.

Commence

weekly, and remove the same accordingly.

6. The time for the commencement of the manufacture of

ment of term. salt under this contract shall be the

Payment.

Weekly drawings.

Owner to pay

18-.

day of

7. The owner shall pay the manufacturers for the salt so manufactured or supplied by them at such prices, and with and subject to such variations, at such times, and in such manner as hereinbefore mentioned, that is to say:-The price for the manufacture and delivery of salt to be manufactured and supplied under this agreement shall be at and after the rate of 9s. 6d. per ton, on the supposition that coal and rough coal slack will be 9s. per ton, short weight as delivered; and the price to be paid for the salt to be manufactured and supplied as aforesaid shall also be considered as based on the supposition that the rate of wages for labour in such manufacture and supply is 1s. 9d. per ton, and any increase or decrease in the rate of wages, as the case may be, shall be added to or deducted from the price for such manufacture or supply to an extent not exceeding 3d. per ton either way: And at the expiration of three calendar months, to be computed from the

day of

18-, next, and at the expiration of every three calendar months during the subsistence of this contract, the owner or administrators shall pay to the manufacturers the price of the salt which shall have been manufactured or supplied under this contract during the three calendar months immediately preceding: AND the said manufacturers shall be at liberty during the current three calendar months, for the time being, to draw upon the owner for the weekly sum of 107. sterling on account of the current expenditure, and that the said owner shall answer such drafts accordingly, and be allowed the amount of the drafts he or they shall so answer in account at the expiration of the current three calendar months: And the manufacturers shall accept payment of the amount, which after such allowance they or he shall be entitled to receive under this contract, at the expiration of every or any three calendar months by bills of exchange, payable three months after date, to be drawn upon and accepted by the owner.

8. The rent payable under the said lease of the said

works, and all rates and taxes payable in respect of the works XL. Manushall be paid and discharged by the owner.

facture of Salt.

rent under

Manufacturers to execute

9. The manufacturers shall at their own costs erect fresh chimneys on the works for the manufacture of salt, hereby lease. agreed to be supplied, and set the pans belonging to the said works with the patent fireplaces of & Co., and necessary make any alteration which may be required by them or him alterations in for the purposes of this contract.

10. The manufacturers shall at their own costs, during the term of this contract, keep the pans, flues, and fireplaces, and all the plant, implements, and utensils used in the works, and belonging to the owner, in an efficient state of repair, and deliver up the same to the owner at the termination of the said term in a good and substantial state of repair, and, moreover, shall at his or their own costs, if required by the owner, remove the said patent fireplaces, or any of them, and reset the pans with fireplaces upon the old system.

premises;

to keep plant, &c. in repair.

landlord's repairs.

11. The owner shall, during the term of this contract, Owner to do at his or their costs, make and do all repairs to the said salt works which in the like premises come under the denomination

of landlord's repairs.

12. If any dispute or difference shall arise between the Settlement of disputes. parties hereto relating to the construction of these presents, or to any matter or thing herein contained, such dispute or difference, except as is or are herein before otherwise specially provided for, shall be settled by two referees, one to be chosen by the owner, and the other by the manufacturers, and if such two referees should not agree, then by an umpire, to be chosen by them.

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XLI. AGREEMENT to permit the Enjoyment of
LIGHT on Sufferance.

AN AGREEMENT made the

day of

18-, BETWEEN A. B., of &c., of the one part, and C. D., of
the other part. WHEREAS the said A. B. has lately put out
windows or lights from his shop and premises in
street, in the city of
which face into or

overlook the back yard or grounds of a dwelling-house or
tenement, whereof the said C. D. is now possessed in fee simple.

B.-VOL. I.

PP

XLI. To permit En

Light.

Now, the said A. B. hereby admits and declares that the joyment of said lights or windows hereinbefore mentioned are put out and remain upon the leave or indulgence of the said C. D. : And the said A. B., in consideration of the said leave or indulgence hereby agrees with the said C. D. that he the said A. B., his heirs [or executors, administrators] or assigns, will upon the request in writing of the said C. D., his heirs or assigns, to be made at any time hereafter, wall or block up the same: [And further, that until such windows or lights shall have been so walled or blocked up, he the said A. B., his heirs [or executors, administrators] or assigns, will pay to the said C. D., his heirs or assigns, the yearly sum of £

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- payable half

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day of

day of

, the first payment to be made on the
next.]

IN WITNESS, &c. (a).

Parties.

Recital of having

XLII. AGREEMENT to permit the Continuance of
Obstruction to Ancient LIGHTS.

AN AGREEMENT made the

day of

18-, BETWEEN A. B., of &c., of the one part, and C. D., of &c., of the other part. WHEREAS there are two ancient ancient lights, window lights on the south side of the dwelling-house of the said A. B., situate at aforesaid, and which window lights have been totally obstructed by a dwelling-house and premises which the said C. D. hath lately erected upon his

and obstruc

tion by buildings.

(a) It is generally advisable, though not absolutely necessary, that a document of this nature should be under seal, so as to bind the heirs and real estate, as well as the executors and administrators and personal estate of the dominant owner, i. e., the owner of the windows. See the Conveyancing Act, 1881, s. 59. If a rent is reserved, it will be stamped as an agreement for a lease. See tit. LEASES. This precedent is adapted from the document which, in the case of Bewley v. Atkinson, 13 Ch. D. 283, was held to be effectual to prevent the dominant owner from acquiring any right to the access and use of light by prescription under sect. 3 of the Prescription Act (2 & 3 Will. 4, c. 71). The agreement will be valid if signed by the dominant owner only; but it is advisable that the agreement be executed in duplicate by both parties, so as to insure, as far as possible, its coming to the notice of the successors in title of the dominant owner.

XLII. To

permit Ob

struction to

Ancient
Lights.

and agreement to allow obstruction.

lands adjoining thereto; AND WHEREAS it has been agreed between the said A. B. and C. D., for the purpose of preventing disputes between the owners and occupiers of the said two dwelling-houses, to enter into the agreement following. NOW THESE PRESENTS WITNESS as follows, that is to disputes, To prevent say, first, that the said C. D. on his part admits that the said admission of right to lights, A. B. was well entitled to the said window lights; And, secondly, that in consideration of the said admission and declaration by the said C. D., and in further consideration of the sum of ££- -, paid by the said C. D. to the said A. B. (the actions, &c. receipt whereof the said A. B. hereby acknowledges), the said A. B. on his part agrees that the said window lights shall and may for ever remain obstructed as before mentioned: AND he hereby releases the said C. D., his heirs and assigns, from All actions, suits, claims and demands whatsoever, on account thereof.

of

IN WITNESS, &c. (b).

XLIII. AGREEMENT for the CONSTRUCTION of a
RAILWAY STATION and LINE.

THIS INDENTURE of Contract made the

day

Release of all

18—, Between A. B. and C. D. carrying on Parties. business as builders and contractors, under the name or firm.

and Company, at

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of
in the county of
(who are hereinafter referred to as the contractors), of the one
part, and the
Railway Company, incorporated by an

Act of Parliament passed in the

and

years

of the reign of her Majesty Queen Victoria, intituled "The Railway Act, 18-," (and who are hereinafter referred

to as the company), of the other part. WHEREAS the com- Recitals: pany, acting under the authorities vested in them by "The of intention

of company

&c.

Railway Act, 18-," and by certain public Acts incor- to make staporated therewith, are authorized to make and maintain, and tion, lines, contemplate making and maintaining the following railways, with all proper stations, approaches, works, and conveniences connected therewith, respectively, that is to say:

1. A railway (hereinafter called railway No. 1) commencing at or near X., and terminating at or near Y.

(b) See note (a), p. 578.

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