Ex common. Agreement to ex change. Testatum. to the inheritance in fee simple of and in all those, &c. change. (parcels) and the sd A B is also entitled to right of that A B common for or in respect of the sd piece or pcel of ld is entitled and heredts hinbefe described in, over, or upon the sd to certain commons and waste lds within the sd parish and manor lands and of afd And whas the sd (T) with the consent of right of the sd (0) testified by his being a pty to and signing and sealing these prests have agrd with the sd AB to convey unto the sd A B and his hrs the piece or pcel of ld and heredts hinaftr described being pt of the heredts comprised in the sd in pt recited indres of lease and rele and the inhance thof in fee simple in lieu of and by way of substitution for the rights of common and or. rights belonging or appurtenant or attached to the sd piece or pcel of lds and heredts hinbefe described and such allotment or allotments as shall at any time or times hraftr be made in lieu of or by way of compensation for such rights of common, &c. Now these Presents Witness That in conson of the agreements hinaftr contd on the pt of the sd A B they the sd (T) do hereby for themselves as trees as afd and their hrs and ass and with the consent and by the direction of the sd (0) testified as afd agree with the sd AB his hrs and ass that they the sd (T) their hrs and ass shall and will at any time or times hraftr at the request costs and chas of the sd A B his hrs and ass make, do, and exte all such acts conveyes and assurances as shall be requisite for conveying and assuring unto and to the use of the sd AB his hrs or ass or orwise as he or they shall direct or appt all that, &c. with the appts (except all rights of common) and also that they the sd (7) shall and will henceforth until such assurances shall be made stand seised of and interested in the same In trust for the sd AB. And these Presents further Witness That in conson of the agrmts hinbefe contd on the pt of the sd (T) he the sd A B doth hby for himself his hrs exors and ads agree with the sd (T) their hrs and ass that he the sd AB his hrs and ass and all or. the necessary and proper pties shall and will at any time or times hraftr at the request costs and chas of the sd (T) their hrs cestuique trusts or ass make, do, and exte all such acts matters and things as shall be requisite and necessy for conveying and assuring unto and to the use of the sd (T) their cestuique trusts or ass or orwise as he or they shall direct or appt free from incumbrances in fee-simple all rights of common and or. rights appertaining to the sd piece or pcel of ld and heredts hinbefe described and also in the mean time and until such conveyances and assurances shall be made and exted he the sd AB shall stand seised of and interested in the sd commons and or. rights of common and allotments as afd In trust for the sd (T) as trees as afd their hrs and ass. In Witness, &c. Agreement to relinquish a Business in Favour of another. Obs. As to an agreement by an attorney to relinquish his business, see Assignment of Good-will. yrs from the day of Good will. quish her business; premises. Memorandum of an agrt made this day of, &c. Betn I S of, &c. widow and relict of W S late of, &c. deceased of the first pt INW of, &c. of the second pt and (surety) of, &c. of the third pt as follow The sd IS in conson of the agrt hinaftr contd on the pt of the sd IN W doth hby for herself her exs and ads promise and agree to and with the sd IN W his exs and ads That she the sd IS shall and will on the day IS agrees of next relinquish the business of lately used to relinand carried on by the sd WS her late husband decd and now continued to be carried on by the sd IS at afd to and in favour of the said IN W And also in due form of law effectually transfer and assign to him the sd IN W all the stock fixtures utensils and implements in trade used in and belonging to the sd business at such prices and under such valuation and settlement as hinaftr mentd. And also shall and will grant a lease to grant to him the said INW of the dwelling-house shops lease of warehouse and premises wherein the sd IS now resides and wherein the sd business is now carried on for the term of at or under the yearly rent of quarterly clear of all taxes and deductions whatsr. And INW the said IN W doth hby for himself his exs and ads promise and agree to and with the sd IS her exs and ads to accept and take the sd stock fixtures utensils and implements in trade and pay and secure to be pd in manner as hereinafter expssd such a sum of money for such stock fixtures utensils and implements in trade and also the good-will of the said business as the same shall be valued at and agrd on by two arbitrators to be chosen one by the sd IS and the or. by the sd IN W or in case they shall disagree in making such valuation Then such a sum of money as shall be settled by a third psn to be chosen as umpire by them the sd arbitrators. And also that he the sd IN W shall and will accept and to accept take a lease of the sd dwelling-house shop and premes lease. upon the terms afd and at his own expense exte the lease and a counterpart thof in which sd lease shall be contd all usual and proper covenants and partlarly a covt for paymt of rent as hinbefe mentd. And shall and will on instant payable agrees to take busi ness, fixtures, &c.; Inclo sure. day of the to be pd on the day of 18 togr with interest after the rate of 51. per cent. per ann. upon the remr of the sum at which the sd stock, &c. shall be valued as afd. So that upon paymt of each anni instalment of the principal the whole of the interest then due shall be pd to the sd I S. And the sd (S) in conson of the preses and as surety for and in behalf of the sd INW his son shall and will pay to the sd IS the sum so agreed to be pd by the sd INW as the third pt of the amt of such valuation as afd on the sd day of instant. And also shall and will join with the sd IN W in such security as afd for the payment of the residue of the sum at which such stock fixtures utensils implements and good-will shall be valued with interest as afd. In Witness, &c. Agreement between Proprietors of Waste and Common Lands, by consent of the Lord of the Manor, to divide and enclose the same. Obs. 1. As agreements of this kind, when entered into by parties themselves on their own authority, are binding on themselves only, owing to the partial interest they have in the land, it is usual to agree to apply for an Act of Parliament, or, in some cases, to obtain a decree in Chancery, by way of confirming and ratifying the several covenants. 2. The lord of a manor is entitled to an allotment in respect of his demesnes, besides his allotment as lord. Arundel v. Falmouth, 2 M. & S. 440. 3. Wastes which are of copyhold tenure become freehold, when they are enclosed, unless it be otherwise expressly stipulated in the Act. Revel v. Joddrell, 2 T. R. 415; Townley v. Gibson, ib. 701. Doe v. Davidson, 2 M. & S. 176. 4. When two rights of common in the wastes of two manors appertain to the same tenant, he will be entitled to an allotment on the inclosure of each waste. Hollingshead v. Walton, 7 E. 485. Barwick v. Matthews, 1 Marsh 50. 5. By 29 G. II. c. 36, and 31 G. II. c. 41, lords and tenants are empowered, by mutual consent, to enclose waste lands for the growth of timber, &c. And the 41 G. III. c. 109, commonly called the 'Inclosure Act,' and the 1 & 2 G. IV. c. 23, contain many of the provisions usually inserted in acts of inclosure and other provisions for facilitating the objects of the parties. 6. As the Inclosure Act, s. 3, gives a power of appeal on notice given to the commissioners alone, it is advisable that the omission should be supplied by a clause in local acts, requiring notice of appeal to be given also to the parties themselves. Rer v. Just, Lanc, 1 B. & A. 630. Articles of, &c. (see p. 15) Inclo sure. liament. Commissioners to set out an Betn Sir W B Lord of the manor of H in the parish of, &c of the first pt the Rev. I H vicar of the sd parish of the second pt and A B C, &c. the sevl owners and proprietors of the common lds in the sd parish of the third pt Witness That the sd (owners) being resply proprietors tenants or occupiers of the sd common lds do for themselves sevlly not Agreement jtly nor the one for the other but each of them for him- to apply for self his hrs exs and ass doth by and with the consent Act of Parand approbation of the lord of the sd manor covt promise and agree with and to the or. of them his hrs exs ads and ass in manner follg that is to say That application shall forthwith (or in the next session) be made to Parliament for an Act to appoint and empower commrs to enclose divide and allot the sd commons and waste lds to and among the sevl psns interested thin accdg to their respive ints and in manner followg that is to say That the commrs shall and may first set out and apart in such place and places as they shall deem convenient such parcels of the commons and waste lds not exceeding in the whole acres for the purpe of getting gravel stone and sand for the use of the sevl psns interested in the sd commons and waste lds for the repair of the roads and highways within the sd township allotment or parish and for such or. purps as the sd commrs may for gravel, deem expedient And that the commrs shall and may &c.; mark out the public and private roads and ways over to mark out or across the sd commons and waste lds as they shall roads; think fit the breadth of the road not to exceed feet. And that then after allotting one full tenth pt of the sd commons and waste lds to the sd (lord) for his share and proportion thof as lord of the manor and soil of the sd parish or township over and above what the sd commrs shall deem it right to allot to him in respect of his (a) freehold lds within the sd parish or township then one tenth (or fifteenth part) of the residue of the sd commons and waste lds unto the sd (rector) in to the reclieu of and in recompence for the tithes of the sd comtor; mons and waste lds to which the sd (rector) is entitled as rector of the sd parish. And lastly the sd commrs shall allot the remr of the sd commons and waste lds to the (0) pties heto in proportion to the value of their sevl to the ownand respive freehds and copyhds due regard being had ers; to the quantity quality and contiguity of the lds to be assigned as well as to the sevl and respive rights of common in and upon the same commons and waste lds And that for the better carrying the intended Act into execution the sd commrs shall be invested with full (a) See Obs. 1. D to make allotments to the lord of the manor; to deter mine dis putes. Inclo sure. Tenants for life to have power to mortgage for the pay ment of expenses. Usual clause and Covenants to be in serted in the Act. Allotments to be of the same tenure. Quiet enjoyment of old rights of common. Commis sioners to execute an award. Notice of appeals to be given to parties. powers to determine all differences and disputes as well respecting the claims of the sevl pties to right of common on the sd commons and waste lds as also betn landlords and lessees in respect to the fencing and improving the allotments so that no lessee or occupier should be compellable or required to pay more than per cent. per ann. for the money which may be expended by his lessor or landlord in fencing and improving the same And also that tenants for life shall have power under the direction of the commrs to mortgage their respive allotments for raisng money to defray their share of the expenses to be incurred in consequence of the sd intended Act of Parliament provided the sum or sums of money so raised do not exceed pounds per acre And it is hereby further agrd That in the sd Act shall be inserted all such other usual clauses and provisions as are necessy for carrying the sd agrmt into exon according to the intent and meaning of the sd pties provided only that nothing herein or in the sd Act to be contd shall be construed to prejudice the interest and right of the sd (lord) in and to the seignory royalties customs services and other manorial rights within the sd township or parish except as to right of common and the soil therein. And moreover that the sd Act shall provide and declare That all shares and allotments out of the sd commons and waste lds shall be deemed to be of the same tenure with the (a) freehd or cophd estates or lds within the sd township or parish or any of them to which or in right wherof such allotment shall be made And also that all psns having a right of common in the sd commons or waste lds who shall have peaccably enjoyed the same witht payg any fine rent or amerciament to the sd (lord) shall although the same shall have been acquired by encroachment or unlful inclosure be deemed the proper exclusive owners thof And further That A B of, &c. and C D of, &c. shall be appointed commrs and FG of, &c. and K L of, &c. shall be named surveyors And also That it shall be declared by the sd Act that the sd commrs shall exte an award of which there shall be two parts the one to be lodged in the vestry-room or church of the sd parish and the or. to be enrolled in the Court of Common Pleas And also That there shall be a clause in the sd Act directing that (b) notice of appeals agst the awards of the commrs shall be given to the pties themselves that are interested therein as well as to the commrs. And lastly it is hby decld and (a) As to this clause, see Obs. 3. |