Recital as Bill for in of Company, XX. AGREEMENT between the PROMOTERS of a RAILWAY PARTIES, A. and B., some of the provisional committee (a) of the intd Railway Co hinafter mentd (who are hinafter called the Promoters), 1. The Co hinafter mentioned as intended to be incorporated under the name of the Railway Company (hinafter called the Co) 2. C., landowner, 3. to WHAS the promoters and others are promoting a bill to pending now pending in parliamt, intituled, &c., whby it is proposed corporation to incorporate the Co, and to authorise them to make and maintain a railway from the line of which railway would pass for a considerable distance through a farm and lands situate, &c., of which the sd C. is tenant for and opposi- life: AND WHAS the sd C. has lodged in the House of tion by C. Commons a petition against the sd bill: AND WHAS, in Introduc tory recital. order to the obviating of all opposition by the sd C. to the sd bill and for the other pposes herein appearing, the pties hto of the first and third pts have entered into the agreemts hinafter contd, with the intention that the Co shall become pty to and execute these presents forthwith Agreement. after their incorporation. NOW THEREFORE THESE PRESENTS WITNESS that for the consons herein appearing it is hby mutually agrd by and between the promoters, on behalf of themselves and all other the promoters of the pending bill, and with the intent to bind the Co, on the one hand, and the sd C. for himself and his assigns, and also for (a) As the provisional committee cannot bind the company when incorporated (Hodges on Railways, 141, 6th Ed.), it is important to have the personal guarantee of some responsible person. the trees and beneficial owners from time to time of the farm and lands afsd (and who is and are comprd in the expression "the sd C." as hinafter employed), on the other hand, and also by way of separate agreemt between the Co on the one hand, and the sd C. on the other hand, as follows (that is to say): 1. [Special agreements, see last Precedent.] 2. THE promoters will use their utmost reasble endeavours Certain to procure the insertion and enactmt in the pending bill of clauses to the clauses which are set forth in the schedule hto. 3. [Provision as to costs, see last Precedent.] be inserted in the Bill. to be exe when in corporated. 4. Ir the pending bill be passed into law in the pre- Agreement sent session, the promoters will within - days there- cuted by after procure the Co to execute, under their common seal, company either these presents and the duplicate thof, as the pty thto of the second part or some other deed or instrumt to be prepared by the Co adopting this agreemt, and on the same being so executed by the Co, all the future liability of the promoters under this agreemt shall cease: [And in case the sd Co shall refuse or neglect to execute this agreemt or such other deed or instrumt as afsd within the time hinbefore limited, and in this respect time shall be of the essence of the contract, the sd A. and B. and their respive hrs, exs, and ads, shall be jointly and severally liable to pay on demand the sum of £- to the sd C., his exs or ads, as liquidated damages.] to be with 5. On the faith of this agreemt being on the pt of the Opposition promoters and the Co resply in all respects specifically drawn. performed and observed, the sd C. will not in any mner, either by himself or his agents, further oppose or otherwise impede the passage of the sd bill through parliamt. IN WITNESS, &C. Schedule. XXI. AGREEMENT for WORKING a QUARRY. A Short AGREEMT, &c., between A., hinafter called the owner, 1; B., hinafter called the contractor, 2. IT IS HBY mutually agrd that the contractor shall get stone from the quarry lately opened on farm by the owner upon the terms following: THE CONTRACTOR SHALL AT HIS OWN EXPENSE 1. GET and cord building and rough blue stone from the sd quarry for the use of the owner. 2. REMOVE the whole of the stone from any pit before opening another. 3. FILL IN every pit as soon as it is exhausted, or sooner if required, and replace the top mould so as to render it as fit as circes will admit for agricultural operations. THE OWNER SHALL 4. PAY to the contractor the sum of shillings per cubic yard for getting and cording building stone, and the sum of shillings per cubic yard for getting and cording rough blue stone. AND IT IS HBY AGRD 5. THAT the contractor shall cord the stone at the option of the owner at the mouth of the quarry or by the side of the turnpike road, but in the latter case the owner shall cart the stone from the quarry to the side of the turnpike road at his own expense. 6. THE contractor shall receive a weekly paymt on account in proportion to the work actually done, but not to (a) It will be seen that this is merely a working agreement, not operating as a demise. For forms operating as demises of quarries, &c., see LEASES, MINING. exceed £ a week for each man actually employed. Such paymt is to be brought into account when the corded stone is measured and the balance, if any, paid to the contractor. If the balance should be against him, he shall forthwith repay the same to the owner. 7. EITHER pty may determine this contract on giving one week's written notice, and thereupon the contractor shall, if required by the owner, fill in every open pit and replace the top mould so as to render it as fit as circes will admit for agricultural operations. But if the owner shall determine the contract, the contractor shall be at liberty prior to filling in any pit to get and cord the stone from the same, he working with all proper despatch and being paid for the stone after the rate afsd. IN WITNESS, &c. APPOINTMENTS (a). Recitals. I. APPOINTMENT by DEED-POLL by a FATHER to his SON, under a power in his Marriage SETTLEMENT, of a SUM of STOCK (b), PART of a larger SUM, subject to the APPOINTOR's life INTEREST. PROVISO, in case of a CHANGE of INVESTMENT, appointing the EQUIVALENT in MONEY (c). TO ALL TO WHOM THESE PRESENTS SHALL Marriage COME, A., of, &c., sends greeting. WHAS by an indre dated, &c., and expd to be made between, &c., (being the settlemt settlement of appointor. Law as to appoint ments under special powers. (a) See Elph. Introd. Conv., 356. For conveyances by way of appointment, see CONVEYANCES; and for testamentary appointments, see WILLS; and see also SETTLEMENTS. As to the stamp duty on appointments, see the Stamp Act, 1870, sched. tit., APPOINTMENT, SETTLEMENT. (b) It is obviously better to appoint a sum of money, and not a specific sum of stock, having regard to the possibility of the investment being changed. (c) As to what appointments are authorised by a special power (i.e. a power exercisable in favour of particular persons only), sce Davidson's Prec. III. 144 et seq., and the act 37 & 38 Vic., c. 37, enabling an exclusive appointment to be made, although not expressly authorised by the power, without leaving a nominal sum for the excluded objects. Care must of course be taken to keep within the power as to the objects in whose favour an appointment may be made, bearing in mind that under a power to appoint to children an appointment cannot be made to the issue of a child (Brudenell v. Elwes, 1 East 442, 7 Ves. 382, though a power to appoint to "issue" primâ facie includes all descendants, Leigh v. Norbury, 13 Ves. 344, Marshall v. Baker, 31 Beav. 608); nor to the representatives of a deceased child (Maddison v. Andrew, 1 Ves. Sen, 58), for whom provision |