No. XII.

* An Agreement with a Builder to take down and rebuild the Front of a House, and do other Repairs (1).

AGREEMENTS.

Build.

ARTICLES of agreement made and concluded this

day of

WITNESS. Builder covenants to new

, in the year BETWEEN (the employer) of, &c. of the one part, and (the builder) of, &c. of the other part. WHEREAS the messuage or dwelling, hereinafter described, is greatly dilapidated, and requires to be wholly new fronted and otherwise repaired. And whereas this said (builder) hath agreed with the said (employer) to complete the same for the sum of £ in the manner and within the period hereinafter mentioned. Now THESE PRESENTS WITNESS that the said (builder) doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said front, &c. (employer), his executors, administrators, and assigns, that he the said (builder), his executors, administrators, or assigns, shall and will at his and their own proper costs and charges make, do, complete, and finish in a proper and workmanlike manner, and with good, substantial, and sufficient materials of every kind the several alterations, reparations, and amendments hereinafter particularly mentioned or described in and to a certain messuage, or dwelling-house and premises situated, &c. and now or late in the occupation of, &c. (that is to say) shall and will take down, and wholly remove the whole front of the said messuage or dwelling-house, and rebuild the same with the best new Greystock bricks, with the following other works: a new brest summer with story posts and oaken plate, all the floors to be shored while the front is pulling and remaining down, a principal rafter's foot to be secured by a base and a shore, the shop floor to be new laid with whole deal boarding, new casements to be made to the back front, the whole house to be thoroughly repaired inside and outside, and all the plastering mended and whitened, the scantling of the brest summer to be 12 inches by 14 inches, the story posts to be 12 inches by 7 inches, the oaken plate to be 12 inches by 7 inches,

(1) See notes to No. X. ante, p. 59.

AGREEMENTS.

Build.

Penalty on nonperformance.

Indemnity against building act.

Covenant by

employer to pay,

&c.

Accidents.

and cross pieces to be laid in the wall before the plaster is laid on,
all the window frames, window casements, out doors, and door cases,
cantilivers and cornices of the said house, &c. to be painted with good
colours well laid in oil, and all the front windows to be glazed with
good square glass well leaded, &c. &c. (as the case may require).
AND also that the said house and all and every the matters and
things aforesaid, shall be in all things wholly and completely
finished on, by, or before the
day of
now next ensuing,
according to the true intent and meaning hereof, accidents by fire,
storm, and tempest, only excepted (1). AND if it shall happen that
the said work or any part thereof shall not be so completed according
to the true intent and meaning of these presents, by the

day of

(accidents aforesaid only excepted), that then he the said (builder), his executors or administrators, shall and will well and truly pay or cause to be paid unto the said (employer), his executors, administrators, or assigns, the sum of 10s. sterling by the day, for every day which the said work or any part thereof, shall thereafter remain and be in any respect unfinished (2). AND moreover he the said (builder), his executors or administrators, shall and will from time to time and at all times hereafter, well and sufficiently save and keep harmless and indemnified the said (employer), his executors, administrators, and assigns, and the said messuage or dwelling-house and premises, and all and every other, his and their other lands, tenements, goods, and chattles, from and against all fines, pains, penalties, punishments, and forfeitures whatsoever, which shall or may be incurred by reason of any irregularity or default, which there shall be in the said building or any part thereof, under or by virtue of or contrary to any act of parliament now or then in force, touching the building, rebuilding or repairing of houses. AND it is hereby agreed that all the old timber and other materials which shall be taken away from the aforesaid buildings and reparations, shall belong to and be considered the absolute property of the said (builder), his executors and administrators. And in consideration, and upon condition of the said work hereby so done and completed as aforesaid; he the said (employer) for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree with, &c., and to the said (builder), his executors, administrators and assigns, that he the said (employer), his executors, or administrators, shall and will well and truly pay, or cause to be paid unto the said (builder), his executors, administrators,

(1) See ante, p. 60. n. (2).

(2) See ante, p. 41. n. (1). 62. n. (1.) (2).

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

of L

ensuing, and the sum of £

day of

now next

residue, and in full thereof, with

in days next after the said messuage, or dwelling-house and

premises shall be so completely repaired and amended, and other the

AGREEMENTS.

Build.

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.

Build.

terials.

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)."