quired. Recital of sd B. require for the pposes of, &c., vacant possion of premises the house and premes afsd, which are delineated in the being replan drawn in the margin hereof and thereon coloured pink, the remr of the premes demised by the sd lease being Agreement. coloured blue on the same plan: NOW IT IS HBY, psuant to the provons of the Lands Clauses Consolidation Act, 1845, agrd and decld between and by the sd several pties hto of the first and third pts, for themselves resply, and for their respive heirs, exs, ads, and assigns, on the one pt, and the sd B. for themselves, their successors, and assigns, on the other pt, THAT the sd yearly rent of £shall, from the day of, be apportioned in mner following; that is to say, the yearly rent of £———, pt of such yearly rent of £, shall be the portion thof from that day payable in respect of the sd premes coloured pink on the sd plan, and the yearly sum of £- the remr of the sd rent of £, shall from the same day be payable in respect of the residue of the sd premes comprised in the sd lease, and which are coloured blue on the same plan. AND IT IS HBY ALSO AGRD that the sd B. shall pay the costs of the sd A., as provd by the Lands Clauses Consolidation Act, 1845, and (b) also the sum of £- for the costs and charges of his surveyor and solor of and attending the negociation of these presents. Similar provision as to C.'s costs. IN WITNESS, &c. (b) See Re Hampstead Junction Railway, 1 H. & M. 519. XVII. DEED of COVENANT by the OWNER of a PERPETUAL EN DORSED on a CONVEYANCE of the lands subject to the 2. part of property PARTIES, the within named A., owner of rent-charge, 1. the within named B., owner of lands charged, WITNETH, that for apportioning the within mentd yearly rent-charge of £50, the sd A. hby covenants with the sd B., his hrs and assigns, in mner following (that is to say):— 1st. That so long as the clear yearly sum of £10, pt of Apportion. the said yearly rent-charge of £50, shall be duly and ment of punctually paid by equal half-yearly paymts at the times in rent on the within written indre mentd, as and for the portion in first of the sd rent-charge payable in respect of the land and schedule. buildings described in the first schedule hto, by the sd B., his heirs or assigns for the time being entled to the same land, then and so often as the same shall happen the sd A. will not, nor shall his hrs, exs, ads, or assigns at any time hereafter in case of the non-paymt of the sd rent-charge of £50, or any pt thof, distrain or enter on, or cause or procure any distress or entry to be made on the sd land described in the sd first schedule, or any pt thof, or any building thon, or commence, carry on, or prosecute any action or other proceeding against the tenants or occupiers for the time being of the same land and buildings, or any pt thof, for recovering or compelling paymt of the sd rent-charge of £50, or (a) The apportionment can be made by the Enclosure Commissioners on the application of the persons interested in the lands and the rent-charge, 17 & 18 Vic., c. 97, ss. 10 to 14. A rent-charge can be divided between several owners without the consent of the owner of the lands; Riris v. Watson, 5 Mee. & Wels. 255. See as to the release of part of hereditaments from a rent-charge, 22 & 23 Vic., c. 35, s. 10; and as to the redemption of rent-charges, the Conv. Act, 1881, s. 45, which does not apply to rents reserved on sales or under grants for building purposes (sub-sec. 5). Indemnity of property in first schedule against part of rent apon the portioned rest of the property. any pt thof, or the rents and profits of the last-mentd land and buildings, or any pt thof, or in any wise interrupt or disturb the sd B., his hrs or assigns, or his or their tenants in the possion or enjoymt or rect of the rents and profits of the same land and buildings, or any pt thof. [AND 2ndly, 3rdly, and 4thly, similar covenants with B. in respect of the lands described in the second, third, and fourth schedules.] AND 5thly, that he, the sd A., his hrs, exs, and ads will at all times keep the sd B., his hrs and assigns, or other the owners or occupiers for the time being of the respive lands and buildings described in the schedules hto, indemnified against all losses, costs, damages, and expenses which he or they shall or may incur by reason of any distress or entry being levied or made in or upon the sd lands and buildings, or any pt thof, or any other proceeding being had or taken to enforce or compel the paymt of the sd rent-charge of £50, or any pt thof, contrary to the covenants hinbefore contd, or any of them. IN WITNESS, &c. SCHEDULES. Parties. XVIII. AGREEMENT between a FIRM of TRADERS and their PARTIES, A., B., and C., carrying on business as under the style or firm of at (hinafter called the sd firm) of the one pt, and the several psons named in the schedule hto, being clerks, servants, and workmen of the Recital of sd firm of the other pt: WHAS the sd firm have employed, engagement. or agrd to employ, the several psons named in the sd schedule at the salaries or wages written opposite to their respive names in the same schedule [in the wages book of That work- the firm]: AND WHAS the sd firm are desirous to give to the share in sd psons, in addition to their sd salaries or wages, and by men are to way of further remuneration during the current year, such net profits. sums of money as hinafter mentd, upon the terms that the sd psons resply should on their pt enter into such agreemt as is hinafter expd: NOW THESE PRESENTS WITNESS, that it is hby agrd as follows: apportion tionate share of net be appor 1. THE sd firm will, at the annual stock-taking of the sd A proporbusiness in the month of in the year to each pson named in the sd schedule a sum of money, profits to which shall bear the same proportion to one-tenth pt of the tioned to net profits of the sd business during the preceding year as each workthe salary or wages paid to such pson during the same year shall bear to the total amount of salaries and wages paid by the sd firm during the same year. man. to the cer 2. THE sd firm shall, with all convenient speed after the According amount of the sd net profits has been ascertained, cause to tificate of be prepared a certificate, showing the sum apportioned to the cashier. each such pson as afsd, and shall cause the same to be signed by the cashier for the time being of the sd firm, or such other pson as the sd firm may appoint for the ppose, and the sd certificate shall be absolutely binding and conclusive as to the amount payable under these presents to each such pson as afsd. The said firm will pay to each such pson as afsd the sum appearing by the sd certificate to be apportioned to him immediately after the signature thof by the sd cashier, or such other person as afsd. have exclu mining 3. THE sd firm shall have the sole and exclusive right of Firm to ascertaining and determining the amount of the sd net give right profits, and shall be entled to make allowances and deduc- of deter tions for interest on capital, rent, depreciation in the value what are of stock and plant, and bad and doubtful debts, and any profits. other allowances and deductions which the sd firm may consider proper, and none of the psons named in the sd schedule shall have any right to examine or inspect the books or accounts of the sd firm, or to make any inquiry or investigation whatsoever as to the amount of the sd net profits, or the sum apportioned to any of the sd psons, or Proviso as to workmen how the same resply are made out, nor shall any of the sd psons be entled to, or in any way assume or claim any of the rights or powers of a ptner in the sd firm (a). 4. ANY pson named in the sd schedule who shall leave or leaving ser- be discharged from the service of the sd firm or shall die vice of firm. before the sd stock-taking, shall not be entled to have any such sum as afsd apportioned or paid to him or his representatives. Firm may discharge workmen. Special clause. 5. THE several psons named in the sd schedule shall well and faithfully serve the sd firm in their respive situations, and at their respive salaries and wages as afsd, until the but the sd firm shall have day of 18 full power to discharge all or any of the sd psons at any time or times, notwithstanding this agreemt. 6. IF any doubt, difference, or dispute shall hereafter arbitration arise between the sd firm and any one or more of the sd psons named in the sd schedule, as to the proper meaning or construction of these presents, or anything done or to be done in psuance hereof, or in anywise relating hto, the matter in dispute shall be referred to the solor or solors for the time being of the sd firm, whose decision shall be final and conclusive, and absolutely binding on all pties: PROVD ALWAYS that this clause shall not be deemed to limit or affect the rights reserved to the sd firm, or to extend the rights conferred on the psons named in the sd schedule by the preceding clauses of these presents. Agreement not to be affected by change in firm, ante, Precedent VIII., Clause 17 : IN WITNESS Whof the several pties have hereunto set their respive hands, the sd A., B., and C., and such of the psons named in the sd schedule as are now in the service of the firm on the day of, and such of the psons named in the sd schedule as are not now in the service of the firm on the several days written opposite their respive names in the sd schedule. (a) It appears proper, in this case, expressly to declare that no employé shall be a partner. But see note to Precedent IV., supra, p. 27. |