79 AGREEMENTS. gress. Build. ively, and for their respective successors (so far as they lawfully and rightfully can or ought by the rules of law and equity, but not any one for the other of them, nor for their own respective personal representative), covenant, promise, contract and agrec, with and to the said (builder), his executors and administrators, that he the said (builder), his executors and administrators, duly executing and performing all and every the articles, clauses, covenants, agreements, matters and things, on his and their parts to be observed, donc, and performed, according to the true intent and meaning of these presents, they the said (rector, &c.) and their successors, shall and will pay or secure to be paid to the said (builder), his executors or adfor the completing ministrators, the full and just sum of L and building the said intended work-house, or building and works aforesaid in several instalments, at the times and in the manner following: that is to say, the first instalment or sum, when the brick- By instalments according to prowork of the said building shall be carried up level with the one pair floor, the second instalment or sum when the roof of the said building shall be completely covered in; and which said instalments or sums it is hereby agreed shall respectively be of an amount equal to three-fourth parts of the value of the works which at the said respective times or periods shall have been performed, as certified under the hand of the surveyor thereof for the time being, and the third or last instalment or sum (in completion of the said sum of L and also such further other sum as may have been occasioned by any such alterations or deviations from the original or present plan of the said buildings or works as aforesaid) within three calendar months next after the said buildings and works shall be wholly completed and perfected according to the tenor and true intent and meaning of these presents. Provided always, and it is hereby declared and agreed between the several parties hereto, that if damage by storm, tempest, accidental fire, or other inevitable accident, should happen to the said works, which it shall not be in the power of the said (builder), his executors or administrators, to prevent, the same shall be made good and repaired at the expense of the said (rector, &c.), but if such damage shall have happened or be occasioned by or through any neglect or default of the said (builder), his executors or administrators in any wise, then the same shall be immediately repaired and made good at his and their own proper cost and exAnd lastly, for the due performance of all the covenants Penalty. and undertakings herein contained, on the parts of the said (builder), his executors and administrators, he the said (builder) doth hereby bind himself, his heirs, executors, and administrators, to the said pense. Accidents to be borne by the employer. AGREEMENTS. Build. Arbitration. (rector, &c.) and their successors, in the sum or penalty of £ (1) If materials are to be found, or any thing to be specifically performed by the employer, a similar penal clause may be inserted in case of his default. (2) See ante, p. 27. J AGREEMENTS. Build. of No. XV. *An Agreement for Building a Merchant Ship or Vessel. Variations where it is for repairing a ship. ARTICLES of Agreement indented and made the day day of Now THERE WITNESS. Builder agrees in the year 18 BETWEEN (a ship-builder) of &c. ship-builder, of the one part, and (merchant) of &c., merchant, of the other part. Whereas (1) the said (builder) hath proposed and agreed to build for the said (merchant) the hull or body of a ship, or vessel, of the dimensions hereinafter mentioned, and to complete the same, in a workman-like manner, on or before the now next ensuing, for the price or sum of L FORE WITNESS THESE PRESENTS, that in pursuance of the said agree to build. ment he the said (builder) doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree with, and to the said (merchant), his executors, administrators, and assigns, that he the said (builder) shall and will construct, build, and complete, for him the said (merchant), his executors, administrators, or assigns, the hull of a ship, or vessel, of the descriptions and dimensions, and in the manner particularly mentioned and set forth in the schedule, inventory, or specification hereunder written or hereunto annexed; and when so constructed and finished the same shall, on or before the said day of be launched at or in the harbour of and from thence be brought and safely moored at AND THESE PRESENTS FURTHER WITNESS; that in consideration of the covenants and agreements hereinbefore contained by and on the part of the said (builder), he the said (merchant) doth hereby, for himself, his heirs, executors, and administrators, covenant, promise and agree, with and to the said (builder), his executors, administrators, and assigns, that he the said (merchant), his executors or ad (1) If the agreement be for the repair only of a ship, recite, Whereas the ship or vessel called the belonging to the said (merchant), has been much damaged, and is greatly out of repair and condition. And the said (builder) has agreed completely to repair the same within calendar months for the sum of £ FURTHER Merchant cove- Repairs. Now, &c. (as above.) AGREEMENTS. Build. Merchant to make customary allowances to workmen. Ship to be a se curity against claims upon the merchant. ministrators shall and will well and truly pay or cause to be paid, at the time and in the manner following, viz. the sum of £ the further sum of £ being the residue, and in full of , upon the said vessel being safely moored aforesaid. And the said (mer at or in the harbour of chant) doth also hereby agree to provide for the carpenters employed in the building of the said hull, during such time as they shall be so employed, such allowances of bread, cheese, and ale, as are usual in such cases. Provided always, and it is also hereby further agreed by and between the said parties hereto, and particularly by the said (builder), that the hull of the said vessel, so to be built as aforesaid, shall from time to time, during the building thereof, and afterwards until the same shall be so moored in safety as aforesaid (and be assigned to the said (merchant), his executors or administrators, as hereinafter is mentioned), shall stand chargeable and charged with, and be a security to him and them for such sum and sums of money, as he or they shall in the mean time have advanced or paid to the said (builder), his executors, administrators, or assigns, under or in pursuance of these presents; to the intent that the said (merchant), his executors, administrators, and assigns, shall and may thereby be protected from or indemnified against being liable or subject to the debts, contracts, or engagements, or otherwise affected by any act of the said (builder), his executors or administrators. And the said (builder) doth hereby lastly agree and declare, that he the said (builder), his executors or administrators, shall and will, immediately after the said hull shall be so moored in safety in the harbour of as aforesaid upon request, and at the costs and charges of the said (merchant), his executors or administrators, assign the same, free from all incumbrances by him or them made or occasioned unto him the said (merchant), his executors, administrators, or assigns, be paid if award- in such manner as is usual or may be proper in like cases. Provided always, and it is hereby further declared and agreed by and between the parties hereto, that in case the said (builder), his executors or administrators, shall think himself or themselves entitled to, and shall claim any further or other sum or sums beyond or in addition to the said sum of £ so agreed to be paid for building the said ship as aforesaid, in order to complete the price of the said hull, the same shall within Builder will as sign ship to mer chant on its being completed and moored in Further sum to ed. days from the time of mooring the said vessel in harbour, as aforesaid, be referred to the judgement and decision of AGREEMENTS. Build. SCHEDULE, OR SPECIFICATION ABOVE REFERRED TO. feet, the rake afore be at The hull of the said ship or vessel referred to in the above agreement shall be in length within the posts feet, the rake abaft suitable; the harpins to and feet forward aft. The hull at the dead flat to be in breadth feet, the birth thereof from the top of the ceiling to the top of the covering board; the square of the floor to be on the keel and inches inches at the sirmark; the timbers to at the binds and inches at the top timber heads; the transom to be be inches square feet long, the post' feet broad, the plank from the keel to the binds to be inches thick, except five strokes on each side, or three on the bilge and two be with ceiled with (1) See ante, p. 27. (2) See ante, p. 65. 70. Arbitration. Penalty. |