XLV. By Railway Company with a Foreign Government tion, &c. of Line. Repairs by the_company. 25. That if default shall be made by the company, after the railway shall have been opened, in their covenant to keep the said railway and works in repair and condition for Construc- for the space of one calendar month next after notice in writing in that behalf from the government to the company at —, it shall be lawful for the government by their agents to enter on the railway and works, and do and execute all such works as may be required in fulfilling the said covenant, and to charge the expenses of the same against the company, by setting off the amount of such expenses against any moneys then payable, or which shall thereafter become payable by the government for interest in manner herein before mentioned, which interest shall in such case to that extent be considered as paid and satisfied by such set-off or retainer; and shall for all the purposes of these presents be regarded and considered as interest actually paid by the government to the said railway, in pursuance of their aforesaid covenant in that behalf. And if such expense shall not be satisfied by such set-off and retainer as aforesaid, then the government may set off and deduct the same against and from all or any part of any other moneys which shall on any account whatever be or become payable by the government to the company. Annuity com. pensation. 26. That in every or any case in which, under the provisions of these presents, the government shall become bound to repay the capital expended by the company as aforesaid, or in which the government shall become liable to pay for the purchase of the said railway, works, and stock, before the expiration of the said term of ninety-nine years, it shall be lawful for the government, instead of paying a gross sum of money in respect of the premises, to declare by notice to the company in their option to pay an annuity, to be reckoned from the time when the gross amount would be payable, and to continue during the residue of the said term of ninety-nine years; and in that case such annuity shall be payable in London on such two half-yearly days in the year as shall be selected by the government in that behalf, with a fractional part for any broken half-year, the rate of interest which shall be used in calculating such annuity being determined by the average rate of interest during the preceding two years received in upon public obligations of the government, and which shall be ascertained by reference to for the governor or deputy-governor of the bank of 27. That if, after the said railway and works, including Return of the telegraphs if required, shall have been completed and surplus. furnished with adequate working stock, the whole of the said sum of £- 28. That any notice, direction, approval, or sanction to be Notices, &c. given or signified on the part of the government for any of the purposes of these presents, shall be sufficient and binding, if signed by the minister for public works of his Majesty the King of or by the secretary of such minister, or by any other officer or servant of the government authorized to act on behalf of the government in respect of the matters to which the same shall relate; and that the government shall not in any case be bound in respect of the matters aforesaid, unless by some writing signed in the manner before mentioned. 29. That the company shall forthwith cause to be established in an office of the company, and keep the same at all times hereafter during the said term established at , and the company shall keep at the said office an authorized agent or agents, with whom the government may communicate on affairs concerning the said railway, and all drafts drawn by the said agent or agents, and all receipts of and acts done by such agent or agents on behalf of the company, or concerning the said railway, works and stocks, shall be binding on the company, and every notice to be Railway office and agent in the foreign country. XLV. By Railway Company with a Foreign Government given to the company shall be sufficiently given if left at the said office, or personally served on such agent or agents. 30. That the government shall promote the passing, by the for Construc- Legislature of of all statutes, orders, and other measures which shall be necessary or convenient for enabling the company to fulfil in the objects of their undertakings, according to the terms and provisions of these presents. tion, &c. of Line. Legislation. Extension to 31. That in case the government and the company shall hereafter deem it expedient that the said line of railway shall be extended to -, and the company shall increase their capital to £- sterling, as herein before mentioned, the additional capital to be raised shall be paid into the treasury of the government, at such times and in such sums as shall be mutually arranged between the government and the company, and all and singular the provisions of these presents, with reference to the said capital of £and the said line of railway to or near to - shall in all respects be held to apply, mutatis mutandis, to such increased capital of £- — sterling, and such extended line and the capital account of the com from to pany shall be dealt with accordingly, and in all other respects the said increased capital and extended line shall be held to be within the covenants hereby entered into, according to the true intent and meaning of these presents. IN WITNESS, &c. Parties. Interpretation clause. XLVI. AGREEMENT for the EXCLUSIVE PRI- ARTICLES OF AGREEMENT made this day of- XLVI. Ex clusive Right to sell a Pa said proprietor, his executors, administrators, and assigns, or other the proprietor or proprietors for the time being of the medicine or composition hereinafter mentioned, and the tent Medicine. term the agents includes the said agents and the survivor of them, his executors or administrators, and their or his assigns. of agents for 2. The agents shall be and are hereby appointed the sole Appointment wholesale vendors, for the term of twenty-one years from the seven years. date hereof (but determinable as hereinafter is mentioned (a)), of a certain medicine or composition, called the proprietor is now the sole proprietor or owner. whereof 3. The proprietor shall sell and supply to the agents the Proprietor to said medicine or composition, and deliver the same free of supply medicine during expense, during the continuance of the said term, in such the term at certain prices. quantities (not being of less amount at one time than 1007. in value), with proper directions, and in every way ready for sale, as shall from time to time be required, and of the same quality as the same hath been hitherto composed, at the rates or prices following (that is to say): the larger packets at -8. per dozen for such as have been usually sold whole―s. per dozen, and to the public ats. per pot, and the smaller size ats. per dozen for such as have been usually sold wholesale at sale at to the public at included (b). -s. per dozen, and d. per pot, all stamp duty on each (a) If the agreement is for a perpetual agency, say, "2. In consideration of £ Perpetual -, already paid by the agency. agents to the proprietor, the agents shall be and are hereby nominated, constituted, and appointed the sole and irrevocable perpetual agents of him the proprietor of the said medicine or composition called for the selling, publishing, and distributing the said medicine or composition" (proceeding as in the text, mutatis mutandis). (b) If the agreement is for a perpetual agency, it may be Agents to be added: entitled to engraved "The agents shall be entitled to the sole property in, and plate. to all advantages arising from the engraved plate respecting or relating to the said medicine or composition, now or late in the possession of her Majesty's Commissioners of Stamps at Somerset House, and to all the impressions therefrom now XLVI. Exclusive Right tent Medicine 4. In case any of the said medicine or composition so to be to sell a Pa- supplied as aforesaid, shall become spoiled and unfit for sale in any other manner than by breakage, the proprietor shall exchange the same for a like quantity, in a good and saleable condition. To replace spoiled medicine. Proprietor not to supply medicine to 5. The proprietor has full right to grant the exclusive privilege hereby conferred, and to enter into the agreements other persons, herein contained, and shall not at any time during the said term sell or supply to any person or persons whomsoever other than as aforesaid, any of the said medicine or composition under its present name or appellation, or by any other name, without the consent in writing of the agents first had and obtained, save and except as in the next article is mentioned. except in spe 6. The proprietor shall be at liberty to sell the said medicified places. cine or composition to any person or persons residing in any of the following places; that is to say, If proprietor neglect to supply medicine, agents may compound it. of in the county in the county of in ; and the county of at the prices herein before mentioned as the wholesale prices of the said medicine or composition (c). existing or hereafter to be taken; and in case the said plate shall have been destroyed or become useless, that they or he respectively shall be at liberty to substitute a new one.” "In case of the refusal or neglect of the proprietor to supply the said medicine or composition to the agents, agreeably to the third article hereof, it shall be lawful for the agents to make and compound so much of the said medicine or composition as they or he may have occasion to sell or dispose of, agreeably and in conformity to the original recipes of the said medicine, deposited with the agents, upon the execution of this agreement, and which recipe shall remain in the custody of the agents." "The agents shall not in any case divulge, publish, or make known, either directly or indirectly, the contents of the said original recipe, or the manner of making or preparing the said medicine or composition, nor shall they or he make any use of the said recipe, except in case of some or one of the events happening, which are provided for by the last preceding article." (c) Or, "The proprietor shall be at liberty to sell the said |