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shall furnish all bricks, stone, lime, lumber, doors, blinds, glazed sash, window-frames, hardware, paint, and all other materials required for the complete building and finishing of said dwelling-house according to the above specifications. In witness, etc.

Builder to furnish materials.

Agreement by Adjoining Owners each to build Half a Street. Agreement made this day of, 18-, between of

-, party of the first part, and of -, party of the second part. Whereas by a deed bearing even date herewith the said party of the first part conveyed to said party of the second part a certain parcel of land situate on street, adjoining certain other land still owned by said party of the first part; and whereas the said parties have agreed to lay out and build a street leading from

Recital of

ownership of adjoining lots;

of agreement to lay

Agreement

street out street half above named along the boundary line of their said on land of each. adjoining parcels of land, so that one half part in width of said street shall be upon the land of each of said parties, and shall extend so far as their said lots extend, as shown by a plan annexed hereto: Now these presents witness that in consideration of the premises, and pursuant to an agreement to this effect between the said parties at the time of the execution of said deed, they, the said parties hereto, for themselves and their respective heirs and assigns, do agree each with the other that he will at his own. expense, whenever the other shall require it, and shall actually proceed with work on his own part, build of good materials and grade in a proper manner one half part in width of said intended street, so far as the same is coextensive with his own land; and

to build street;

- to main

said parties do mutually agree to finish and complete tain it till it is said intended street in a manner acceptable to said accepted. city of, and to maintain and keep the same in good repair and condition until it shall be formally accepted Mutual by said city; and until such time each party, his right of way. heirs and assigns, shall have a free right of way over and upon said street; and said parties each agree to bear and Each to pay pay one half the costs and charges of making and half of cost. keeping in good repair and condition any main or

other sewers and drains hereafter to be made in or under the

said street, so far as the same is coextensive as aforesaid. witness the hands of the said parties.

As

Το

Notice to Builder to proceed with Work.

of

(builder).

I hereby give you notice and require you forthwith to proceed diligently, and in a proper and workmanlike manner, with the erection and completion, in accordance with the contract entered into by you with me, dated the day of, of the building therein described, situate at ; and that in case you shall neglect or refuse to proceed with the erection and completion thereof as aforesaid for days after the service of this notice, I shall then enter into and upon the said premises, and employ such other builder and workmen and supply such materials as may be necessary to complete and finish the said work at your risk and expense, or I shall sell the same, either finished or unfinished, as I may be advised; and that I shall take all such proceedings as may be necessary for the purpose of completing the work in accordance with the said contract of the

day of

and obtaining payment of all such moneys as shall be or become due to me pursuant to the said contract, without any further notice. Dated the

day of

18-.

Assignment by Indorsement of the Benefit of an Agreement for a Building Lease.

Memorandum of agreement, made this day of, be

tween the within named

dor, of the one part, and

of of

hereinafter called the ven

hereinafter called the pur

chaser, of the other part. In consideration of dollars this day paid by the said purchaser to the said vendor, the receipt whereof the said vendor hereby acknowledges, the Assignsaid vendor hereby absolutely sells and transfers to ment. the said purchaser the benefit of the within written agreement, and of all covenants and stipulations entered into with the said vendor, and of all remedies for enforcing the same, and agrees, at the expense of the said purchaser, to do all necessary acts and things for obtaining from the within mentioned (owner of the land) a grant to the said purchaser of the lease by the said agreement agreed to be granted to the said vendor. And the said

Purchaser

to perform covenants of lease.

purchaser hereby agrees with the said vendor to perform and observe all the covenants, conditions, and stipulations on the part of the said vendor contained in the said agreement, and to indemnify him from all actions, proceedings, damages, costs, expenses, claims, and demands by reason of his the purchaser's non-performance or non-observance thereof. As witness, etc.

CHARTER PARTY.

This charter party, made and concluded upon at

of

on the

owner

of the burden

day of, in the year 18-, between of the ship or vessel called "The "of of tons or thereabouts, register measurement, now lying in the harbor of, of the first part, and of, merchant, of the second part, witnesseth: That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, doth covenant and agree on the freighting and chartering of the said vessel unto the said party of the second part for a voyage from the port of terms following, that is to say:

to

on the

1. The said party of the first part doth engage that the said vessel in and during the said voyage shall be kept tight, staunch, well fitted, tackled, and provided with every requisite, and with men and provisions necessary for such a voyage.

2. The said party of the first part doth further engage that the whole of said vessel (with the exception of the cabin and the necessary room for the accommodation of the crew, and the stowage of the sails, cables, and provisions) shall be at the sole use and disposal of the said party of the second part during the voyage aforesaid; and that no goods or merchandise whatever shall be laden on board otherwise than from the said party of the second part, or his agent, without his consent, on pain of forfeiture of the amount of freight agreed upon for the same.

3. The said party of the first part doth further engage to take and receive on board the said vessel during the aforesaid voyage all such lawful goods and merchandise as the said party of the second part or his agents may think proper to ship.

And the said party of the second part, for and in consideration of the covenants and agreements to be kept and performed by the said party of the first part, doth covenant and agree with the said party of the first part to charter and hire the said vessel as aforesaid on the terms following, that is to say:

1. The said party of the second part doth engage to provide and furnish to the said vessel a full and complete cargo of

2. The said party of the second part doth further engage to pay to the said party of the first part or his agent, for the charter or freight of the said vessel during the voyage aforesaid, in manner following, that is to say: dollars per ton of twenty-two hundred and forty pounds weight delivered, payable in cash upon proper delivery of said cargo at its place of destination.

It is further agreed between the parties to this instrument that the said party of the second part shall be allowed, for the loading and discharging of the vessel at the respective ports aforesaid, lay days as follows, that is to say: lay days shall be allowed for loading, such time to be computed from the time of the said vessel settling in her proper berth, and being duly reported there, ready to receive her cargo; and in case the vessel is longer detained, the said party of the second part agrees to pay to the said party of the first part demurrage at the rate of dollars per day, day by day, for every day so detained, provided such detention shall happen by default of the said party of the second part or his agent.

It is also further agreed that the cargo or cargoes shall be received and delivered alongside within reach of the vessel's tackles at the ports of loading and discharging, lighterage, if any, to be paid by the party of the first part. The damages of the seas and navigation of every nature and kind always mutually excepted.

To the true performance of all and every of the foregoing covenants and agreements the said parties each to the other do hereby bind themselves, their heirs, executors, administrators, and assigns (especially the said party of the first part the said vessel, her freight, tackle, and appurtenances; and the said party of the second part the said merchandise to be laden on board), each to the other, in the penal sum of dollars. In witness whereof the said parties have hereunto interchangeably set their hands the day and year first above written.

Charter Party.1 Another Form.

This charter party, made the day of
of the first part, and

between

of

[blocks in formation]

in the year

of

1 Form proposed in the Civil Code, known as Field's Code, recently reported to

the legislature of the State of New York, but not adopted.

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