Notice of

doth hereby covenant, promise, and agree, with and to the said C. D., his executors and administrators, that he, the said A. B., his executors or administrators, shall and will well and truly pay, or cause to be paid, unto the said C. D., his executors, administrators, or assigns, by equal quarterly payments, on the days or times hereinbefore mentioned, the said yearly sum or salary of £, or after the rate of such yearly sum or salary, so long as he, the said C. D., shall continue to be the bailiff, steward, or agent, of or for him, the said A. B., under or in pursuance of these presents; and that in default thereof, he, the said Č. D., shall or lawfully may retain the same out of such moneys as may from time to time come to or be in the hands of him the said C. D. PROVIDED ALWAYS, and it dissolving is hereby further agreed, by and between the said parties hereto, that if either of them be minded or desirous to dissolve the contract or agreement hereby entered into at any time hereafter, (or if the agreement be for a certain term of years, say, during the said term of years, herein before limited for the continuance thereof,) and either of them shall give six calendar months' notice in writing, under his hand, unto the other of them, of such his mind or desire; that then, and upon such notice, the said parties do hereby covenant and agree, that from and after the expiration of the said six calendar months, this present contract, and these presents, shall cease and determine, and then, and in such case, the said accounts shall be settled and adjusted by and between the said parties, to the day in which such notice shall expire. In witness, &c.

contract.

Parties.

(8.)

Agreement with Timber Merchants for the Sale of Timber Trees, and as to falling the same on the Farm and Lands on which they are growing.

AGREEMENT made and entered into this

day

of, &c., BETWEEN G. O., of, &c., Esquire, of the one part, and T. W., J. W., and G. W., all of, &c., trading under the firm of, &c., timber merchants, of the other part.

tion.

timber mer

ber.

First, the said G. O., in consideration of the sum Consideraof £- in hand, now paid to him, and of the further sum of £ · -, to be paid to him, the said G. O., by them, the said T. W., J. W., and G. W., or one of them, at the time and in manner hereinafter mentioned, doth for himself, his heirs, executors, administrators, and assigns, agree to sell unto the said T. W., J. W., and G. W., their executors, administrators, and assigns, the several timber trees, and other trees hereinafter mentioned, growing upon a certain farm, belonging to the said G. O., situated, &c., (that is to say,) 303 oak trees, 101 elm trees, 70 ash trees, 20 sycamore trees, &c., being all scribe marked, and numbered, &c.; in consideration whereof, the said T. W., &c., doth Covenant by hereby for themselves, jointly and severally, and chants to cut for their and each of their executors, administrators, down timand assigns, covenant, promise, and agree, to and with the said G. O., his heirs, executors, administrators, and assigns, in manner following, (that is to say,) that they, the said T. W., J. W., G. W., shall and will, at their own expense, cut down the said timber and other trees, and butt and top the elm, ash, and other winter timber, intended to be immediately fallen, on or before the 25th day of March next, and the whole of the oak on or before the 24th day of June next; and shall and will also And to butt cut down and butt and top the remainder of the said and lop the elm, ash, and other winter timber, on or before the 2nd day of February, 1838, without doing any wilful damage to the saplings, trees, or other wood, in the coppices, hedges, fences, and premises; and that the said timber and other trees shall be stocked, and the roots and sperms thereof gotten out of the ground, in a fair and workmanlike manner; and such of the said timber and other trees as

same.

perly axe

fallen.

carried to.

are growing on the banks of the pools and brooks, or other the banks and fences of the said premises, To be pro- shall be axe fallen, or sawn off, in such a manner as the said G. O., his heirs, executors, administrators, or assigns, shall direct, so as to prevent the banks of the said pools and fences from being broken down, fallen in, or otherwise destroyed; and also, that the boughs and tops of each and every of the said oak trees shall, immediately after the falling thereof, and at the expense of them, the said T. W., J. W., G. W., their heirs, executors, administrators, Place to be and assigns, be cut off, and carried to some convenient place on the said estate, to be appointed by the said G. O., there to be peeled, so that the cattle and sheep grazing on the said premises, where the said trees are fallen, may not be injured by eating the buds thereof; and that the whole of the elm, ash, winter timber, and other trees, cordwood, and other wood, arising, shall be cleared off the premises by the usual and proper roads, to the places hereinafter mentioned, for converting the same at such times when the least possible damage can be done to the said land, before the 25th day of March The times of next ensuing; and that the whole of the oak, timber, and other trees, intended to be immediately hereafter fallen, and the cordwood and other wood arising therefrom, shall be cleared off the premises in like manner as above mentioned, on or before the 29th day of September next ensuing; and the remainder of the elm, ash, winter timber, and other wood, cordwood, and other wood, arising therefrom, shall in like manner be cleared off the premises for converting the same on or before the 25th day of March, 18, without being allowed the privilege of making charcoal of the boughs or wood arising from any or either of the said timber or other trees, on any part of the same premises, otherwise than as hereinafter appointed, and without being allowed twigs, or any kind for tying up any of the wood, faggots, or otherwise, out of the coppices, hedges, or fences, belonging to the said G. O.; AND it is

clearing off.

and coaling.

where.

carrying

hereby agreed and declared, that the whole of the As to coking said cordwood shall be coked or coaled in the places hereafter mentioned; (that is to say ;) such of the said cordwood or other wood as shall arise from the timber growing on the western side of a certain road, leading, &c., shall be coked in the spring Places coppice, and the remainder, or other parts thereof, arising on the eastern side thereof, in the waller shell coppice; and the turf necessary for that purpose, shall be had and gotten in such coppice only, and not elsewhere off the said farm and land, belonging to the said G. O.; and that the horses Beasts for and other beasts carrying away such charcoal, out charcoal of such coppices, respectively, shall be properly mises to be muzzled, so as to prevent them from biting or in- muzzled. juring the shoots or other twigs, or underwood, growing therein, or from grazing upon any of the lands belonging to the said G. O. AND it is hereby Saw-pits. also agreed, that it shall and may be lawful, to and for the said T. W., J. W., and G. W., to sink three several saw-pits upon the said premises, but in such places only as the said G. O. shall appoint, and not elsewhere, for converting any part of the said timber and other trees; and that the said timber, trees, And not to cordwood, or other wood, or any part thereof, shall not in anywise be converted upon any of the said ground exlands or premises, belonging to the said G. O., or said. coked thereon, other than and except as aforesaid; and that each of such saw-pits, so to be made Saw-pits to respectively as aforesaid, shall be properly fenced be fenced. or covered in, and shall, immediately after the expiration of the time hereinbefore allowed for carrying and converting of such timber, be properly filled up at the expence of the said T. W., J. W., and G. W., their heirs, executors, administrators, or assigns, to the entire satisfaction of the said G. O., his heirs or assigns; AND further, that they, the Stakes to be said T. W., J. W., and G. W., their, &c., shall allowed for allow the said G. O. five good stakes for every.tree fallen, and to be fallen, in the hedges or fences of the said pre- to make up mises, and also a sufficient quantity of the tops of gaps.

be coked on any other

cept as afore

every tree

tops of trees

such trees to make up the gaps in such hedge rows or fences; and shall also make to the said G. O., his heirs or assigns, full compensation and satisfaction for all damages whatsoever sustained, or to be sustained, in falling such timber and other trees, except such as are absolutely necessary and reaDouble the sonable; AND further, that if any of the said timber amount of or other trees, cordwood, or other wood, shall remain cordwood or upon the said premises, or any part thereof, after other wood the times hereinbefore mentioned for removing the on the pre- same, they, the said T. W., J. W., and G. W., shall the term be- and will allow the said G. O., his heirs or assigns, fore men- damage, to double the amount he or they may in

damage for

remaining

mises after

tioned.

Covenant

of the consideration money.

anywise sustain, expend, or be put unto, in consequence of such timber, or other trees, cordwood, and other wood, remaining upon the said premises, after the times hereinbefore mentioned for taking off and clearing the same therefrom; AND lastly, for payment the said T. W., J. W., and G. W., severally and respectively, and for their several and respective heirs, executors, administrators, and assigns, do and each of them doth covenant, promise, and agree, to and with the said G. O., his executors, administrators, and assigns, that they, the said T. W., J. W., and G. W., or some or one of them, their, or some or one of their heirs, executors, or administrators, shall and will well and truly pay, or cause to be paid, unto the said G. O., his executors, administrators, or assigns, the said purchase money, or sum of £ at the times and in the proportions hereinafter mentioned, (that is to say,) (state the times for payment).(j) In witness, &c.

(3) A bond or other security is usually given for the purchase money, as well as for the performance of the stipulations in the agreement. (See Bonds.)