or assigns, the said sum of £

of lawful and current money

of Great Britain, in manner, as follows (that is to say): the sum

part thereof on the

now next

AGREEMENTS.

Build.

of £ day of ensuing, and the sum of £ residue, and in full thereof, within days next after the said messuage, or dwelling-house and premises shall be so completely repaired and amended, and other the said work done in the manner aforesaid, and according to the true intent and meaning of these presents. And (here may properly be Arbitration. added a clause referring disputes to arbitration (1) ).

(1) See ante, p. 27.

AGREEMENTS.

Build.

No. XIII.

*An Agreement by a Landlord (or Tenant) to build up Premises destroyed by Fire.

ARTICLES of agreement indented made the

day of

WITNESS. Covenants to rebuild, &c.

according to plan;

in the year 18 BETWEEN (the lessor or lessee, being the party
agreeing to rebuild) of, &c, of the one part, and (the lessee or lessor)
of, &c. of the other part. Whereas, &c. (recite the lease from the
lessor to the lessee, and the covenant to insure) and that in the said
indenture there was, among other things, contained, a covenant on the
part of the lessor or lessee (as the case may be) to cause the insur-
ance money to be expended in rebuilding or repairing such part of
the premises as might be destroyed or damaged by fire; that the pre-
mises were insured in the said office; that the premises or a part
(stating the fact) were consumed or damaged by accidental fire;
that the insurance office has declined to rebuild, &c. and has paid
down the insurance money, and that the lessor or lessee in pursuance
of the covenant in the said indenture contained in that behalf, has
agreed to rebuild the same under the stipulations hereinafter ex-
pressed. Now THIS INDENTURE WITNESSETH, that in pursuance of
the said agreement, and of the said covenants in the said in part re-
cited indenture of lease contained, and for and in consideration of the
sum of £
of lawful money of the United Kingdom of Great
Britain and Ireland current in England, to the said (lessor or lessee)
paid by the said office or company, called the Insurance Office:
he the said (lessor or lessee) doth hereby for himself, his heirs, execu-
tors, and administrators, covenant, promise, and agree, to and with
the said (lessor or lessee), his executors, administrators, and assigns,
That he the said (lessor or lessee), his (1) executors or administrators,
shall and will within the space or time of calendar months from

(1) If the lessor is to rebuild, and the premises are freehold or copyhold, add "heirs."

AGREEMENTS.

terials.

Build.

or next after the day of the date of these presents, erect and build or cause to be erected and built, in a good, substantial and workmanlike manner in all things (1) a messuage, &c. (as the case may be) in and according to the same or like elevation, plan, form, and manner as the same was or stood before the same was so consumed by fire, (being the elevation, plan, and form and manner mentioned in the schedule or specification thereof hereafter written). And also that and provide mahe the said (lessor or lessee) shall and will find and provide such good and proper materials of all kinds whatever, as, together with the materials not consumed by the said fire, and are sound and good, shall be sufficient for erecting and completing the said messuage, &c. according to the plan and in the manner aforesaid. PROVIDED always Deviations from plan. nevertheless, and it is hereby declared and agreed, by and between the said (lessor) and (lessee), that in case either of the said parties, his executors, administrators, or assigns, shall require any more or other work, additions or improvements to be made or done, in or about the said messuage or premises (saving the repairing thereof) than is contained in the schedule hereunder written, and the other of the said parties shall consent thereto, the same shall be made and done at the sole expense of the party requiring the same, his executors, administrators, or assigns, unless otherwise agreed by or between the said parties, to be testified in writing under their respective hands subsequently to the date of these presents. And whereas the said in part New lease to be recited indenture of lease is lost or destroyed; now it is hereby fur- granted. ther agreed and declared, that the said (lessee), his executors, administrators, and assigns, shall have a new lease granted, or indenture of lease executed to him and them by the said (lessor), his [heirs], executors, and administrators, at the request and costs of him the said (lessee), containing the same or like terms, conditions, covenants and agreements in all respects, for the residue now to come of the term of years by the said indenture of lease granted as the same indenture, and the counterpart thereof does or did contain in relation to the said lease and premises, and that in the mean time and until such lease shall be granted or indenture executed, he the said (lessee), his executors, administrators, and assigns shall have, hold, and enjoy lessee to enjoy. the messuage, &c. so to be newly erected and built as aforesaid, with all and every the appurtenances thereof, upon and subject to the same or like terms, conditions, covenants and agreements respectively, save

In mean time

(1) If the lessee is to build, add, “ under the superintendence, and to the approbation of the surveyor of the said (lessor)."

AGREEMENTS.
Build.

Arbitration.

per annum,

only that an abatement after the rate of the sum of L
shall be made and allowed to him and them, until such time as the
said messuage, &c. shall be rebuilt and be put into a tenantable state
or condition. And moreover that he the said (lessee) will execute a
counterpart of the said indenture when tendered to him for that pur-
pose. AND, &c. (add clause for referring differences to arbitration).
(1) IN WITNESS, &c.

SCHEDULE, &c.

(1) See ante, p. 27.

No. XIV.

*An Agreement by a Parish (or a Body of Joint Proprietors) for erecting a Workhouse or other Public Building (1).

AGREEMENTS,

Build.

ARTICLES of agreement [indented], made, and entered into, the in the year of our Lord 18 BETWEEN the

day of Reverend A. B. rector and parson of the parish of county of

pared by of £

day of

in the

of the first part, C. D. and E. F. both of the same parish, and being respectively churchwardens, and G. H. overseer thereof, of the second part, and I. K. of, &c. master bricklayer, mason, and builder, of the third part. Whereas at a public Recitals. meeting of the inhabitants and parishioners of the said parish, holden on the at the vestry of the said parish, it was resolved and agreed that a new workhouse and poorhouse for the reception of hundred paupers or persons should be forthwith erected for the use of the said parish. And that the proposals then and there made by the said (builder) for building the same according to the plans, elevations, and sections designed and pre(an architect), and then produced, for the sum should be accepted. And it was also agreed, that the said rector, churchwardens, and overseer of the said parish for the time being should be appointed, and they were then and thereby accordingly named and appointed for seeing the said agreement carried into effect on behalf of the said parish, and to execute such deed or other instrument in writing with the said (builder) and others as should be deemed requisite or expedient in that behalf. And the said (rector, &c.) by virtue of the power and authority so then vested in them by the parish, have appointed, and by these presents do appoint the said (architect) surveyor and superintendant of the works to be performed. NOW THESE PRESENTS WITNESS, that for carry- Builder cove ing the said proposal and agreement into execution, the said (builder) nants to build. for himself; and the said (rector, &c.) for and on the part and behalf

(1) See a good precedent for building a Bridge, 1 Bythw. 310.

SUP.-VOL. I.

H

WITNESS.