day of, &c., the first payment thereof to be made on the

day of

from un

[4. In case of the absence of the sd C. from the service of Absence the sd A. and B., or the survor of them, owing to sickness or avoidable other unavoidable cause during a continuous period of more cause. than days, the sd A. and B., or the survor of them, may if they or he think fit appoint a substitute for the sd C., and may remunerate him out of the salary [and share of profits] hby provided for the said C.]

without

leave.

[5. THE sd C. shall pay the sum of £ as liquidated Absence damages to the sd A. and B., or the survor of them, for every eve day during which he shall absent himself from their or his service without their or his consent for any reason other than sickness or other unavoidable cause.]

Add Clauses giving C. a share in gross or net profits -declaring that no partnership is created,—and providing C. with board and lodging, if so intended. See Clauses 4, 6, and 7 of Precedent IV.

notice.

6. THE engagemt of the sd C. may be terminated at any Terminatime after the day of, by either party, on giving to tion on the other party calendar months' notice in writing, expiring at any time after such day, or leaving such notice addressed to such other party at the surgery, or place of business, of the said A. and B., or the survor of them.

practise in

7. THE sd C. shall not at any time, while he shall remain Not to in the service of the sd A. and B., or the survor of them, district. or within years after he shall have left such service, afsd, or within

follow, use, or carry on at miles thereof (a), the profession, practice, or business of a physician, surgeon, accoucheur, or apothecary, either in his own name, or in the name or names of any other pson or psons, and either directly or indirectly, AND shall not, during such period, enter into the service of any pson or

(a) An agreement in restraint of trade must be restricted as to the space Agreement within which the trade is not to be carried on. See Pollock's "Principles in restrain of trade. of Contract," and the notes to Mitchell v. Reynolds, 1 Sm. L. C.

ss other than the sd A. and B. as assistant, or otherwise

or in relation to, any such profession, practice or business as afsd within the limits afsd, and shall not during the period afsd endeavour or attempt, directly or indirectly, to induce any pson or psons to cease from employing the sd A. and B., or the survor of them, in the way of their or his profession, practice, or business, or to induce any pson or psons within the limits afsd, so to employ any pson or psons other than the sd A. and B., or one of them. IN WITNESS, &c.

VII.

AGREEMENT between a MANUFACTURER and a
TRAVELLER with PROVISION for an ULTIMATE
PARTNERSHIP.

Prias, A., of, &c., manufacturer (hinafter called the employer), 1. B., of, &c., commercial traveller (hinafter called the traveller), 2. WHBY IT IS MUTUALLY AGRD as follows:

1. Tus traveller shall enter into the service of the employer as traveller for him in the business of a

for a wom facturer, carried on by him at

-years from the general control of the

day of

manu

afsd, for the period of

day of, 18-, subject to the employer.

2. Tus traveller shall devote the whole of his time, attention, and energies to the performance of his duties as such traveller, and shall not, either directly or indirectly, alone or in ptnship, be connected with or concerned in any other business or pursuit whatsoever, during the sd term of

years.

8. Tun traveller shall, subjt to the control of the employer, keep proper books of account, and make due and

correct entries of the price of all goods sold, and of all transactions and dealings of and in relation to the sd business, and shall serve the employer diligently and according to his best abilities in all respects.

4. THE fixed salary of the traveller shall be the sum of Salary. per week for the first year, payable by the employer weekly from the commencemt of the sd service on the day of, and on every succeeding Saturday, and £ per week for the second year, and £-- per week for the third year, payable weekly in like manner, from the commencemt of such respive years.

sion.

[5. THE traveller shall also be paid in addition to such Commisfixed salary a commission at the rate of £ per cent. upon the entire business returns of the employer the suburbs, including therein a circuit of miles' radius measured from the General Post Office, St. Martin's-le

Grand.]

in London and

commis

[6. THE amount payable to the traveller in respect of his Payment of commission shall be ascertained and paid to him by quarterly sion. paymts, at the end of each period of three calendar months from the commencemt of the said service, and in the event of the death of either of the sd pties the sd commission shall be computed and paid up to the day of such death.]

7. THE reasble travelling expenses and hotel bills of the Travelling traveller incurred in connection with the business of the expenses. employer shall be paid by the employer [borne by the sd pties in equal moieties], and the employer shall from week to week pay to the traveller [one half of] the sd travelling expenses and hotel bills in addition to the sd fixed salary. The employer shall provide a horse and carriage for the use of the traveller, and in the event of any damage thereto, the loss shall be borne by the pties hto equally.

[8. Ar the expiration of the sd period of years, the Partnership at the employer shall take the traveller into ptnship with him in his end of sd business, for the term of years from such expiration term. if both pties shall so long live, and give him one equal

Arbitration.

fourth share of the net gains and profits of the sd business
for the succeeding period of years, and one equal third
share thof after that term, the employer providing the
requisite capital for carrying on the said business, and a
proper deed of ptnship shall be entered into between the sd
pties, any question as to the terms whof shall be settled by
arbitration under the clause hinafter contained.]

[9. Arbitration clause. See ARBITRATION.]
IN WITNESS, &c.

Parties.

Recital.

Mutual covenants.

VIII.

AGREEMENT under SEAL between a FIRM of TRADERS and an AGENT for the SALE of GOODS. PROVISIONS for PAYMENT OF COMMISSION, for determining AGENCY, and for restraining AGENT from carrying on a similar BUSINESS, and other CLAUSES.

day of

THIS INDRE made the between A., agent, of the one pt, and B., C., and D., principals, carrying on business in ptnship togr as — under the style or firm of, and hinafter referred to as B. & Co., at, &c., or, "and Messrs. B. & Co., &c.," of the other pt. WHAs the sd A. has agrd to become the agent of the sd Messrs. B. & Co. in London for the sale of manufactured or supplied by them upon the terms and in mner hinafter mentd. NOW THIS INDRE WITNETH, that the sd A. doth hby, in conson of the covenants hinafter contd on the pt of the sd Messrs. B. & Co., covenant with them, the sd Messrs. B. & Co., and with the ptners in such firm, jointly and severally, and they, the sd Messrs. B. & Co., do hby for their sd firm and the respive ptners therein, jointly and severally, in conson of the covenants hinafter contd on the pt of the sd

A., covenant with him the sd A. (so far as the agreemts hinafter contd are, or ought to be performed by the sd pties resply, according to the true. intent and meaning of these presents), as follows. [Or, NOW THIS INDRE Short form WITNETH, that it is hby covenanted and agrd by and between the sd pties hereto as follows.]

1. THE sd Messrs. B. & Co. shall, from time to time Firm to supply during the term of years from the day of the date goods. hereof (if the sd A. shall so long live, and the business of the sd firm shall continue to be carried on by the present members thereof or any of them, and whether alone or in ptnship with any other pson or psons) but subjt to determination, nevertheless, as hinafter mentd, [ship], consign, and supply at their own costs and charges to the sd A. with as little delay as may be after they shall have received from him a notice or order in writing for the same (unless they shall be prevented by some just and sufficient cause), such quantities and descriptions of or other goods or merchandise which are now, or shall for the time being, be manufactured or dealt in by the sd Messrs. B. & Co., as the sd A. shall require, or, "as will keep up a stock in the hands of the sd A. to the value of £

2. THE sd A. shall, during the term afsd, receive all such To be disposed of by goods and merchandise as shall be consigned or supplied to agent. him by the sd Messrs. B. & Co. as afsd, and shall use his best endeavours to sell and dispose of the same to the best advantage, and for the best prices that can be obtained for the same, not being less than such prices, if any, as may from time to time be fixed by the sd Messrs. B. & Co., and either for ready money or to psons of good credit: AND shall in the meantime keep the same deposited in warehouses or other proper places, and shall twice in every year, as 'hinafter mentd, duly account with the sd Messrs. B. & Co. for, and pay over or remit to them all moneys, bills, notes, Proceeds to and secs, which shall have been received by, or come to the half-yearly. hands of him, the sd A., from or in respect of the sale or disposition of the sd goods or merchandise, after deducting

be remitted