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manage and improve the same, in such manner as to the said ander the direction of the said shall seem meet, upon trust nevertheless, and to the intent and purpose that the said shall and do, by and out of the money which shall arise by sale of any part or parts of the said stock, buy such goods as shall be requisite to keep up and continue the present quality and value thereof, and by and out of the profits which shall arise from the trade and dealing, in the first place yearly and every year, pay the whole rent of the said house and shop, and pay and discharge all taxes which now are, or shall hereafter be, assessed or imposed on him the said or the said on account of the said house and trade, and in the next place to pay to him the said his assigns, yearly and every year during the said term of they the said and clear annuity or yearly sum of on the
years, if shall so long live, one by equal half-yearly payments, and the day of without any deduction or abatement whatsoever, and subject thereto, to retain the residue and overplus of the profits which shall arise from his trade and dealing, to and for his own sole use and benefit, as a recompense and satisfaction for his care and trouble in the sale and man. agement of the said stock. And the said in consideration of the premises, and of the covenant and agreement hereinbefore on the part of the said contained, doth for himself, his executors, and administrators, covenant, declare, and agree, that he the said shall and will from time to time, and at all times, for and during the said term of years, if they the said shall so long jointly live, diligently apply himself to the care and manage ment of the said stock, trade, and business, according to his best skill, abilities, and discretion, and apply and dispose of the money which shall arise from the sale thereof, and all the profits of his trade and dealings, to answer and discharge the trusts hereby reposed in him, in such manner a hereinbefore is directed, declared, or expressed. And also shall and will write true and perfect entries, in proper books of accounts, of all such goods as shall be sold, and of all moneys which shall be paid and received by him, and permit the same, from time to time, to be inspected by him the said or such other person or persons as he shall appoint. And further, that he the said shall not nor will, at any time during the continuance of the said term of years, buy or sell, or in anywise trade or deal in his own name, but in the name only of him the said upon the trusts aforesaid; nor do any act whatsoever, whereby the said stock, or any part thereof, may be attached, or taken in execution. And also that at Christmas next, and so at every succeeding Christmas during the said term of years, or oftener, if thereto required by the said he the said shall and will take a full account in writing of the said stock, then remaining in the said trade, and of the profits thereof, and deliver the same to the said in order to manifest to him a
true state thereof, and of his proceedings in the trade by him carried on therewith. And at the expiration, or other sooner determination, of the said term of years, he the said his executors or admin
istrators, shall and will deliver up to him the said , his executors or administrators, the stock then remaining for his or their own use and benefit, to the value of the sum of debts, decay of goods, and other inevitable casualties excepted.
losses by bad
Witness our hands and seals, this
in the year 19
In presence of
Contract for building made this aine hundred and County of
A Brief Building Contract.
by and between
covenant and agrees to and with the said make, erect, build, and finish, in a good, substantial, and workmanlike upon situate said to be built agreeable to the draught, plans, explanations, or specifications, furnished, or to be furnished to said of good and substantial materials; and to be finished complete on or before the day of
covenant and agrees to pay to said dollars as follows:
for the same
in the County of
Security against mechanics', or other lien, is to be furnished by said
And for the performance of all and every the articles and agreements above mentioned, the said and do hereby bind themselves, their heirs, executors, and administrators, each to the other, in the penal sum dollars, firmly by these presents.
In Witness Whereof, We, the said
set our hands the day and year first above written.
Executed and Delivered in Presence of
Contracts for building are among those most frequently made, and also among those which require the utmost care. A specification stating and describing all the things which the parties desire and intend to have done should always accompany the contract. It is very difficult for persons not accustomed to the work to remember and specify, and properly describe, all the
things they propose to have in the building; and all these things should be accurately and precisely stated in the specification. From omissions or errors of this kind, cases and questions are constantly arising. To assist those who have to prepare for themselves or others a contract of this sort, I have given, first, a brief and simple form; I now give a very full and minute form, prepared by a skillful lawyer, and in wide use.
A Full and Minute Building Contract.
in the year
An Agreement, of two parts, made this
one thousand nine hundred and
The said part of the first part, in consideration of the sum of money to be paid by the said part of the second part, as hereinafter mentioned, and the covenants and agreements hereinafter recited, to be kept and performed by the said part of the second part, do for sel
and Covenant, Promise, and Agree, to and with the said part of the second part, that the said part of the first part, shall and will, in a good and workmanlike manner, and according to the best of art and ability, do and perform the following work, and provide materials for the same, that is to say:
The whole of said work is to be performed, and all the said materials furnished in conformity with the plans and specifications of the same, as made by the ARCHITECT hereby appointed by said part of the second part, which plans and specifications bear even date herewith, and are signed by the parties hereto, and under the superintendence and direction of hereby appointed SUPERINTENDENT and AGENT of the said part of the second part, which plans and specifications are to be considered as forming a part of this agreement, as if herein fully written and drawn.
The said part of the first part further agree that the work aforesaid
completed on or before the
shall be commenced and be constantly prosecuted, and the materials afore. said promptly furnished and that all said work shall be day of in the year one thousand and, furthermore, that no charge of any of the first part to the said part of dollars, unless the said part
nine hundred and
kind shall be made by the said part the second part, beyond the sum of of the second part, and the said Superintendents, shall alter the aforesaid plans and specifications, in which case the value of such alterations shall be
added to the amount to be paid under this contract, or deducted therefrom, as the case may require: it being expressly understood that no extra work of any kind shall be performed, or extra materials furnished, by the said part of the first part, unless authorized by the said part of the second part, and the said Superintendents in writing; and that the said part of the second part, and the said Superintendents may, from time to time, make any alterations of, to, and in the said plans and specifications, upon the terms aforesaid.
The said part of the first part, for sel and legal representadives, farther promise and agree that insurance shall be effected upon the building as soon as the roof is put on and covered; the amount of said insurance to be for such sum as the said part of the second part, and the said Superintendents shall direct, to be further increased, from time to time, at the direction of the said party of the second part, and the said Superintendents; the policy to be in the name and for the benefit of said part of the second part, or legal representatives, and to be made payable, in case of loss, to for whom it may concern ;—each party to this agreement hereby agreeing to pay one-half the cost of such insurance.
The said part of the second part, for sel and legal representatives, in consideration of the materials being provided and the labor done as herein required, and all other of the stipulations, requirements, matters and things herein set forth, being kept and performed by said part of the first part, Covenant, Promise, and Agree, to and with the said part of the first part: that will well and truly pay, or cause to be paid, unto the said part of the first part, or legal representatives, the sum of dollars, in the manner following:
It is agreed by and between the parties to this agreement, as follows:Ist. That for each and every day's delay in the performance and completion of this agreement, or of any extra work under it, after the said day of in the year one thousand nine hundred and be allowed and paid by said part of the first part, to said part of the second part, or representatives, damages for such delay if the same shall arise from any act or default on the part of the said part
2d. That the said part of the first part, or representatives, shall not be delayed in the constant progress of the work under this agreement, or any of the extra work under the same or connected therewith, by said party of the second part, or by his Superintendents or any other contractor employed by the said part of the second part, upon or about the premises; and for each and every day, if any, shall be so delayed, additional day to be allowed to complete the work aforesaid, from and after the day hereinbefore appointed for its entire completion, unless upon the contingency provided for below in the 5th article.
3d. That each and every person employed, by sub-contract or "piece
work," by the said part of the first part, in the providing materials or performing labor or works in the fulfillment or execution of this agreement, shall be, in the opinion of the said Superintendents, a suitable, competent, and satisfactory person.
4th. That the said part of the first part shall and will engage and provide own cost and expense, during the progress of the works under, and until the completion and fulfillment of this agreement, a thoroughly competent "Foreman of the Works," whose duty it shall be to attend to the general supervision of all matters hereby undertaken by said part of the first part, and also to the correct and exact making, preparing, laying-out, and locating of all patterns, moulds, models, and measurements in, to, for, and upon the works hereby agreed upon, from and in conformity with the said plans and specifications, and according to the direction of said Architects.
5th. That if at any time during the progress of the work the said Superintendents shall find that said work is not carried forward with sufficient rapidity and thoroughness, or that the materials furnished, foreman of the works, sub-contractors or workmen employed by the part of the first part, are unsatisfactory, and insufficient for the completion of the work within the time and in the manner stipulated in the plans and specifications aforesaid, shall give notice of such insufficiency and defects in progress, materials, foreman, sub-contractors, or workmen, to the party of the first part; and if within three days thereinafter such insufficiency and defects are not remedied in a manner satisfactory to -the party of the second part, through the agency of said Superintendents, or otherwise, may enter upon the work, and suspend or discharge said party of the first part and all employed under him, and carry on and complete the work, by "days work," or otherwise, as may elect, providing and substituting proper and sufficient materials and workmen; and the expense thereof shall be chargeable to the said party of the first part, and be deducted from any sum which may be due to him on a final settlement; and the opinion of said Superintendents shall be final, and their certificate in writing conclusive evidence between the parties hereto, on all questions and issues arising on or out of this fifth article of this Agreement, subject to the final decision of the referees hereinafter named.
6th. That the said part of the first part shall be solely responsible for any injury or damage sustained by any and all person or persons, or property, during or subsequent to the progress and completion of the works hereby agreed upon, from or by any act or default of the said part of the first part; and shall be responsible over the party of the second part for all costs and damages which said party of the second part may legally incur by reason of such injury or damage; and that the said part of the first part shall give all usual, requisite, and suitable notices to all parties whose estates or premises, being adjoining those upon which the works hereby agreed upon are to be done, may or shall be any way interested in or affected by the per formance of said works.