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).
IN WITNESS, &c.

(1)

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

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

day of

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 prepared by (an architect), and then produced, for the sum

of £ 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 coveing 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.

AGREEMENTS.

Build.

Outhouses to be separately paid for.

Abatement on

extra-charge for subsequent alterations.

Alterations.

of the said parish of
do hereby mutually and reciprocally
declare, contract, and agree as follows. And first, in consideration of
the covenants and agreements hereinafter entered into and contained
by the said (rector, &c.), and to be performed on the part of the
aforesaid parish, he the said (builder) for himself, his heirs, executors,
and administrators, doth covenant, promise, contract, and agree, with
and to the said (rector, &c.) and their successors, that he the said
(builder), his executors or administrators, will at his own proper costs
and charges forthwith begin, and in an expeditious and workmanlike
manner, erect, build, and finish the said house or building, agreeable
to the said elevation, plans, and sections, and particulars aforesaid,
and under the direction and to the reasonable satisfaction of the said
(surveyor), or other the surveyor for the time being of the said parish.
And also find, furnish, and provide all the materials and timber incident
or necessary to the so building the same, all the said materials being
the best of their several kinds, and to be approved of by the surveyor
of the works for the time being of or for the said parish; and also
provide at his own expense all proper scaffolding for the said work,
and erect and keep a proper bound or fence round the same, of the
height of feet or more, during the whole progress, and until the said
building and works shall be completed. And also that all out-houses
and other conveniences relative to, but not being an integral part
of the said intended workhouse or building, not hereinbefore con-
tracted for, and agreed to be erected and built in any particular
manner, nor included in the aforesaid elevation or plan, shall be con-
structed with such materials, and executed and performed in such
manner as the surveyor of the said works for the time being shall
direct, and shall be paid for by the said (rector, &c.) separately and
apart from the rest of the said works, by admeasurement and valu-
ation, in the ordinary and usual way with builders and their employers.
Provided always, and it is agreed and declared between all the said
parties, that if the said (rector, &c.) or any two of them, shall at any
time or times hereafter think
proper to direct any alterations or devi-
ation to be made in the form or quantities, or elevation, or plan of
the said building or other the work hereinbefore agreed to be done,
before the same shall be performed, the same shall not in anywise
make void, impeach, or prejudice these presents or the said contract.
(1) But then, and so often, and in every such case, he the said

(1) Any alterations made in the building subsequently to the original plan might, without this stipulation, vacate the contract; but see, ante p. 61., n. (1).

AGREEMENTS.

Build.

(builder), his executors and administrators, shall (1) attend to and pursue such directions as he shall in that behalf receive from the said (rector, &c.) or any two of them, and execute and perform the same in a proper and workmanlike manner; and in every such case it shall be referred to the surveyor for the time being of the said works to consider, and by some writing under his hand to determine how far such alterations or deviations will on the whole be a saving or additional expense to the said (builder), his executors and administrators, and if the same shall appear to be a saving, the amount thereof shall be abated out of the last instalment or payment of the said sum of £ agreed to be paid for the said work as aforesaid; but if the same shall occasion an additional expense, then the amount thereof shall be paid to the said (builder), his executors and administrators, by the said (rector, &c.), over and above the said sum, within three calendar months next after the completion of the said works. And the said (builder) doth hereby, in the manner and form afore- Bad materials to be displaced. said, further covenant, promise, contract, and agree, with and to the said (rector, &c.), their successors and assigns, that if any of the materials hereinbefore agreed to be provided or employed by him in or about the works of the said intended building, shall be found by the surveyor of the said works for the time being to be unsound, defective, or of bad quality, then, and in every such case, all such bad or defective materials shall be forthwith removed by and at the expense of the said (builder), his executors and administrators, and other materials of a better and good and fit quality and kind in all respects shall be immediately provided and made use of, in the place and stead of such as shall be deemed bad or defective. And Bad work to be pulled down. also, that if any part of the said building or works shall be found by the said surveyor to be defective in point of workmanship, disposition of the materials or otherwise howsoever, during the progress or after the performance of the same, then, and in every such case, such defective work shall be forthwith pulled down and demolished at the expense of the said (builder), his executors and administrators, and immediately thereafter rebuilt in a more complete and a proper and workmanlike manner, in all respects to the satisfaction of the

(1) Or more concisely,

"That in case any deviation from the said plan shall be made by the direction of the said (rector, &c.) the value thereof in augmentation or diminution of expense, shall be ascertained by admeasurement and valuation; and the amount thereof be added to or deducted from the said sum of £ as the case may require."

Conciseness.

AGREEMENTS.

Build.

Builder will give personal attend

ance.

said surveyor. And further, that if the said (builder), his exe-
cutors and administrators, shall not after
days' notice given
to him or them, or his or their foreman, by the said surveyor,
of such unsound materials, or materials deemed improper, remove
the same, it shall be lawful for the said surveyor to cause the
same to be removed to such place as he may think proper, without
any liability on his part, or on the part of the said (rector, &c.) for
any loss or damage which may happen to the said materials to be
substituted in lieu of the materials which shall be so objected to as
aforesaid; or in case of any part of the said works being improperly
executed as aforesaid, to cause the same to be demolished and re-ex-
ecuted by such workmen as he shall think fit; and in either of the
said cases, the said (builder) shall and will pay all such costs, charges,
and expenses as shall be incurred in the removal of such materials as
aforesaid, and in the substitution of such materials in lieu thereof, or
in the demolition and re-erection of all such parts of the said works
as aforesaid, or the same shall be deducted from the balance which
shall remain of the said sum as liquidated damages; and shall and
will on the completion of the said building and works, remove and
carry off all the scaffolding, board, and fencing, erected for per-
forming the same, and all rubbish and materials then remaining in
or about the same, and leave the whole of the said works in a perfect
and proper state and condition. And moreover, that he the said
(builder) shall and will during the whole time of building, and until
the completion of the said intended building and works, give due
personal attendance upon the execution thereof, in order that the same
be carried on, executed, and performed in a proper manner in every
respect, and with such expedition and despatch that the said work-
house or building may be fit for use and habitation on or before the
day of
now next ensuing. And further that if it
shall happen that the said intended workhouse or building shall not
be completed and finished fit for use and habitation within the time
aforesaid, through or by reason of any neglect or default of the said
(builder), his executors or administrators, he the said (builder), his
executors or administrators, shall and will forfeit and pay unto the
said (rector &c.) and their successors the sum of £
of law-

ful current money of Great Britain, by, from, and after the said day of until the same shall be so finished and completed, which forfeitures shall or may be retained and deducted out Covenant by em- of so much of the said sum of £ as for the time being shall remain unpaid. And the said (rector, &c.) in consideration of the covenants and premises aforesaid, do hereby for themselves respect

ployer for pay

ment of the sum contracted for.