PRECEDENT
XXIV.

FOR MAKING

AND MAINTAIN-
ING A ROAD.

house, 3. title of D. as a purchaser

and appurtenances to the same messuages respectively
belonging, delineated in the said plan, and lying between
the said messuages and the said back road, and also of the
remainder (which lies in front or to the southward of the
said two last-mentioned messuages) of the carriage drive
aforesaid: AND WHEREAS the said messuage
numbered 2, with the yard and appurtenances thereto,
and so much of the said carriage drive as lies in front or to
the southward of the same, and the inheritance thereof
respectively, according to the custom of the said manor,
were lately sold and conveyed by the said A. B. to the
said C. D.; and the said messuage numbered 3, with the
yard and appurtenances thereto, and so much of the said
carriage drive as lies in front or to the southward of the
same, and the inheritance thereof respectively, according
to the custom of the said manor, were lately sold and
conveyed by the said A. B. to the said E. F.: AND
WHEREAS the said ground in front or to the southward of
the whole of the said terrace, and which is of the width
of thirty feet, or thereabouts, was originally intended to be
reserved and dedicated, and was accordingly laid out and
is now used as a carriage drive, footway, and private way,
for the use and benefit of the owners and occupiers of all
the said fourteen messuages in
Terrace aforesaid,
and of all other persons going to or from all or any of the
same messuages: and upon the sale to the said C. D.
and E. F. respectively of the said messuages and premises
numbered 2 and 3 respectively, it was understood that
the said carriage drive or road should at all times there-
after be so reserved and dedicated for such purpose as
hereinbefore and hereinafter is more particularly men-
tioned, but no express provision was made in that behalf:
AND WHEREAS the said A. B., C. D., and E. F., are
desirous of providing and securing, in manner hereinafter
appearing, that the whole of the said ground marked as a
carriage-drive in the said plan shall at all times hereafter
be used as such carriage road, footway, and private way,
as hereinbefore and hereinafter more particularly men-
tioned, and shall be kept in proper repair, together with

of one house;

and similar

title of E. F.

to another
house;

4.-ground in

front of houses

meant for and used as private road;

5.-parties de

sire to secure

the ground for that purpose.

PRECEDENT
XXIV.

FOR MAKING AND MAINTAINING A ROAD.

6. Witnesseth:

dedication of ground as a private road;

7. -house

tain the road

rateably;

the wall, railings, and gates thereto belonging: NOW THIS INDENTURE WITNESSETH, that, for effectuating the said desire, and in consideration of the premises, and of the covenants hereby entered into by the others of them, each of them the said A. B., C. D., and E. F. doth hereby for himself, his heirs, executors, administrators, and assigns, covenant, grant, and agree with and to each of the others of them the said A. B., C. D., and E. F., his heirs and assigns, as follows: namely,

1. The said ground, of the width of thirty feet, or thereabouts, lying in or to the southward of Terrace aforesaid, delineated in the said plan in the margin of these presents, and therein marked "carriage drive," shall at all times hereafter be dedicated and used as a carriage road, footway, and private way, for the use and benefit of the owners and occupiers of the said fourteen messuages forming Terrace aforesaid, and of all persons going to or from the same messuages, or any of them; and that it shall be lawful for the said A. B., C. D., and E. F. respectively, and their respective heirs and assigns, and the tenants and occupiers for the time being of the said messuages in Terrace aforesaid, and every or any of them, and their servants, and all other persons going to or from the same messuages or any of them, at all times for ever hereafter, by night and by day, and for all purposes, to go, return, pass, and repass, with or without horses, asses, mules, goats, dogs, and carriages (other than carts, waggons, or carriages used for the conveyance of goods), through, along, and over the said carriage road, and every part thereof.

2. Each of them the said A. B., C. D., and E. F., his owners to main heirs and assigns, shall and will contribute rateably and in proportion (that is to say, the said A. B., his heirs and assigns, twelve equal fourteenth parts, and each of them the said C. D. and E. F., his heirs and assigns, one equal fourteenth part) towards the maintenance in proper and substantial repair of the said carriage road and footway, and of the wall and railings dividing the same from the

public road called

Road, and of the two gates and gateways in the same wall and railings.

PRECEDENT
XXIV.

FOR MAKING

AND MAINTAIN-
ING A ROAD.

road to be kept private.

3. The said gates shall from time to time be shut during such hours or during such day or days in the year as the parties for the time being interested in the said 8. fourteen messuages respectively shall from time to time agree upon, and shall be so used as to prevent the said carriage road and footway respectively from being dedicated to the public (a). IN WITNESS, &c.

XXV.

AGREEMENT for the USE and SALE of Two LACE
MACHINES.

PRECEDENT
XXV.

FOR USE OF
MACHINES.

AN AGREEMENT, made, &c., BETWEEN A. B., of, &c. [the owner and lessor], of the first part, C. D., of, &c. 1. Parties. [the lessee], of the second part, and E. F., of, &c. [the person in whose factory the machincs were], of the third part: IN CONSIDERATION of £ paid to the said A. B. by the said C. D. immediately before the execution of these presents (the receipt whereof the said A. B. hereby acknowledges), and of the said C. D. and E. F. respectively performing the agreements on their parts hereinafter contained, it is hereby agreed as follows:

(a) Occupation roads laid out through an estate for the use and convenience of the inhabitants are not thereby dedicated to the public, but if the parties, who own the estate and lay out the roads, covenant that all the occupiers of parts of the estate shall use the roads as fully as if public roads, every occupier has for the purpose of his use and enjoyment the same rights as he would have had if the roads had been public: Selby v. Crystal Palace Gas Company, 31 L. J., N. S. 595, Ch. See the cases there cited respecting the dedication of roads to the public, and also a covenant for the use of an occupation road.

1. The said C. D. may use, during the year from the day of last to the day of next, all those two rolling locker lace machines belonging to the said A. B., each being 148 inches wide and ten point gauge, with Jacquards thereto attached and Jacquard cards or patterns, and one complete set of bobbins and carriages thereto, together with moulds for each machine, and other apparatus belonging thereto, now standing and being in the factory of the said E. F. at, and being in the possession, use, and enjoyment of the said C. D., which two machines are worked by steam power supplied by the said E. F., a rent being paid him by the said C. D. for the use of such steam power.

2. The said C. D. shall, during the year aforesaid, at his own cost, keep, and at the end of the said year deliver up to the said A. B. the said machines, Jacquards, cards, patterns, bobbins, carriages, moulds, and apparatus in proper repair and condition and in good working order, usual wear and tear only excepted; And shall not remove, or suffer to be removed, the said machines and chattels or any of them from the factory aforesaid, nor assign, let, or part with the possession thereof or of either or any of them, nor do or suffer anything whereby the said machines and chattels or either or any of them may be distrained, seized, attached, or taken in execution.

3. The said C. D. shall immediately insure the said machines and chattels in the name of the said A. B. against loss or damage by fire in the sum of £——, and shall keep the same and all articles by which the same or any of them may be replaced as hereinafter provided similarly insured for one year from the present date, and shall deliver the policy of every such insurance to the said A. B.

4. If the said machines and chattels or any of them shall be destroyed or damaged by fire, the money which shall be recovered under the insurance shall be expended in replacing or repairing the said machines and chattels for the benefit of the said A. B., subject to the right of

the said C. D., to use, work, and enjoy the same up to

said C. D. shall, on or before the said

PRECEDENT
XXV.

FOR USE OF
MACHINES.

7. Lessee may

5. If the day of next, pay to the said A. B. the sum of £800, then and immediately upon such payment being made, purchase at a the said machines and chattels, whether now existing fixed price. or replaced as aforesaid, and the policy of the intended assurance thereof, and all moneys, if any, which may be recovered under the same, shall become the absolute property of the said C. D.

8. If lessee do not purchase, owner to sell

6. If the said C. D. shall not, on or before the said day of next, pay to the said A. B. the said sum of £800, then and as soon as conveniently may be machines. next, the said A. B. shall

after the said day of

sell the said machines and chattels (whether now existing

ceeds.

or replaced as aforesaid) by public auction, and shall, by Trusts of proand out of the moneys produced by the sale thereof, in the first place, pay the expenses of and incidental to such sale, and in the next place retain for himself or themselves the sum of £800, or if less than £800 shall remain after paying the costs aforesaid, then such less sum, and shall pay the surplus, if any, of the moneys produced by such sale to the said C. D.

and lessee agree to make up deficiency in price.

7. If the said machines and chattels shall not at such 9. Landlord sale by auction as aforesaid produce the clear sum of £800 over and above the expenses incidental to the sale, then they the said C. D. and E. F. or one of them, will, within one calendar month after the sale, pay to the said A. B. such a sum as with the clear sum produced by the sale will make up £800, it being the intention and agreement of all the parties hereto that the said A. B. shall receive the clear sum of £800 and no more for the sale of the said machines and chattels, whether they shall be purchased by the said C. D. or sold by auction.

rent.

8. The said E. F. shall duly and punctually pay the 10. Lessee rent and observe and perform the covenants by and in agrees to pay the lease of the said factory to him the said E. F. reserved and contained, and shall not do or suffer anything whereby the said machines and chattels or any of them may be