and gullies, as in the said schedule, plans, and specifica⚫tions specified; and generally for the performance and completion of all and singular the works mentioned and specified in the said schedule hereunder written; and also that if any of the bricks, stone, or other materials so made use of by the said his executors or administrators, in or about the said works, be found defective by the said and in every

such case he, the said

his executors or

administrators, will forthwith, at his and their own costs and charges, remove all such defective bricks, stone, or other materials, and replace the same by other good and sufficient bricks, stone, or other materials, to the satisfaction of the said

; and also that if any part of the said works be found defective by the said last above mentioned in point of workmanship, as by a bad disposition of the materials or otherwise, then, and in such case he, the said his executors or administrators, shall forthwith, at his and their own costs and charges, remove all such defective work, and replace the same in a manner satisfactory to the said

also that if the

; and his executors or administrators, shall in any manner neglect or delay the progress and completion of the said works, and the said shall give or leave notice in writing of such neglect or delay at the place of abode of the said his executors or administrators, and the said his executors or administrators, shall not proceed with the said works within the space of seven days after such notice given or left as aforesaid, then in such case it shall be lawful for the said his executors, administrators, or assigns, to take and complete the said works at his or their own expense with the same or other workmen,

materials, and utensils (the expense of such last-mentioned completion to be deducted from or set off against all moneys then due to the said

his executors and administrators, under this indenture, or to be recoverable against the said under this covenant, or against the said

sureties as aforesaid), and without molestation in any way upon the part of the said

his

executors or administrators; and also that by default of the said his executors or administrators, the said works be not completed by the said first day of June now next ensuing, then and in such case the said his executors or administrators, will forfeit and pay to the said

his executors, administrators, and assigns, the sum of 77. by the week for each and every week that shall be taken up in completion of the said works after the said first day of June now next ensuing, such forfeiture to be by way of debts and liquidated damages, and not by way of penalty, and to be deducted from or set off against all moneys then due to the said

his executors or administrators, under this indenture, or to be recoverable against the said his executors or administrators under this

covenant, or against the said

ties as aforesaid.

And the said

sure

doth hereby further

covenant and agree to, and with the said

his executors, administrators, and assigns, that if any defect, failure, or omission shall, within the space of six months after the completion of the works hereby covenanted to be performed, be found in any portion of the said works by the said that the said

then

his executors or admi

nistrators, shall and will forthwith make good, repair,

and amend such defect or omission, to the satisfaction of the said and that in case of his neglecting so to do, then it shall be lawful for the said his executors or administrators, to make good and repair the same, the expenses of such repair and making good to be deducted from or set off against all moneys then coming to the said

his executors or administrators, under this indenture, or to be recoverable against the said under this covenant, or against the said

the premises hereby for himself, his executors, and administrators, covenants with the said

his executors and administrators, that he, the said his executors and administrators, will

pay to the said trators, the sum of

his executors and adminisof lawful British money, and

such further sum, if any, as may be due for extra work as hereinafter mentioned in the manner following, that is to say, that he, the said

his administrators, executors, or assigns, will fortnightly, on every second Friday after the first Friday from the commencement of the said works, pay to the said

his executors or administrators, the sum of 751. for every 100l. worth of work done and complete up to every Monday preceding such second Friday, upon receiving a certificate signed by the

said

has been completed.

that such amount of work

his

Provided always that the said executors, administrators, or assigns, shall not in any case be called upon to pay more than the sum of 3007. per month on account of such per-centage, and will pay the remaining 251. per cent. of the work done, or other

the balance remaining due, at the completion of the said works as follows (that is to say): 177. 10s. per cent. of such 251. per cent. within one month after such completion, and the remaining 77. 10s. per cent. on the expiration of six calendar months next after all the works in the schedule hereunder written shall have been finished and completed to the satisfaction of the said

the same to be testified in writing under his hands, subject always to such deduction, set-off claim, or forfeiture as aforesaid.

And it is hereby further agreed and declared by and between the parties hereto, that if in the progress of the said works the said his executors, administrators, and assigns, shall in writing direct other work to be done by the said his executors or administrators, than mentioned or specified in the schedule hereunder written, and in such case the said his executors, administrators, or

assigns, shall and will pay to the said

his executors or administrators, for such extra work such further sum as having regard to the said hereinbefore mentioned contract price of

said

the

may deem reasonable and fitting. And it is hereby further agreed and declared by and between the parties hereto, that all bricks, stone, and other materials brought on the said

or prepared there by the said

Farm

his exe

cutors or administrators, in pursuance of this contract, and approved by the said

shall, from the period of such approbation, absolutely vest in and become the property of the said executors, administrators, or assigns.

his

Provided always that in all questions or differences that may arise between the said parties hereto, or their representatives, in the progress of the said works, con

cerning the management, value, admeasurement, or quality of work (including extra work and reparations or materials, or the fitness or quality of workmanship, or the times of completion of the works, or any part thereof, or the neglect or default on the part of the said his executors, or administrators), the shall be final and conclusive.

decision of the said

In witness, &c.

Schedule above referred to.

ROAD FOOTPATHS AND EARTHWORK.

To remove the present turf or surface of the road six inches in depth and sixty feet wide, applying the turf or surface so removed to the formation of the footpaths and embankments at the bridge hereinafter mentioned, and for making up the irregularities and inequalities on the surface of the road; also to remove, to the depth of six inches more, the soil at the side of the footpath or water-table, running the same out gradually to the formation surface in the centre of the road, and in accordance with the curve shown in the transverse section of the road, and to apply the soil so removed to form the footpaths and embankments at the bridge.

At the places where the road crosses any of the open ditches, to lay down nine-inch tubular socket metallic earthenware glazed pipes, such pipes to be of the best manufacture and provided by the contractor. Under the footpaths, as shown on plan, lay in similar pipes to carry the water from the water-tables into the brook at a proper inclination to prevent the washing away of the embankments.

To form the embankments at the bridge according to the sections and plans in the accompanying drawing.

To form and lay out the footpaths; the same to be