to be produced by the resale between the sum then due and to become due, under these presents, to the party of the first part, his heirs or assigns, and the proceeds of such resale.

In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written.

Signed, sealed, and delivered

in the presence of

E. F.

A. B. [L. S.]

C. D. [L. s.]

[NOTE.-The above instrument being a contract or agreement by specialty requires to be sealed as well as signed].

Agreement to build a House, &c., the Materials to be provided by the Builder.

Articles of Agreement made and entered into the day of 18 Between A. B (builder), of, &c., of the one part, and C. D. (proprietor), of, &c., of the other part.

The said A. B., [builder], doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said C. D. [proprietor], his executors, administrators and assigns, that he the said A. B. [builder] his executors or administrators, shall and will for the consideration hereinafter mentioned, within the space or time of (six calendar months) from the date of these presents, erect, build and completely cover in and finish upon the premises, of the said C. D. [proprietor] at aforesaid, a dwelling

house and buildings according to the plan and elevation set forth in the schedule hereunder written. And also do, perform, and execute, or cause and procure to be done, performed and executed, all and singular other the works mentioned in the schedule hereunder written, according to the plan and elevation therein mentioned or contained, the same to be done within the time aforesaid, and in a good workmanlike and substantial manner to the satisfaction of E. F., (surveyor or architect), of, &c., (insert name and residence of architect or surveyor) or any other surveyor or architect whom the said A. B., [builder], and C. D., [proprietor], shall for that purpose by some writing under their hands appoint such satisfaction to be testified by a writing or certificate under the hand of the said E. F., [surveyor or architect] or such other surveyor or architect as aforesaid.. And also shall and will find and provide such good, proper and sufficient materials of all kinds whatsoever as, together with and in addition to the materials now lying on the said premises, shall be proper and sufficient for erecting the said dwelling house and buildings, and completely finishing the said works. And it is further agreed by and between the said parties that if the said A. B., [builder], his executors or administrators shall in any manner neglect or be guilty of any delay whatsoever, in building and completely finishing the said dwelling house, buildings and works as aforesaid, and the said E. F., [surveyor or architect], or such other surveyor or architect as afore

said shall certify the same by writing under his hand, and the said C. D., [proprietor], shall give or leave notice in writing of such neglect or delay at the place of abode of him the said A. B., [builder], his executors or administrators, and the said A. B., [builder], his executors or administrators, shall not according to the direction of the said E. F. [surveyor or architect] or such other surveyor or architect as aforesaid, proceed to complete the said buildings and works within the space of (seven) days after such notice given or left as aforesaid : then and in any such case it shall be lawful for the said C. D., [proprietor], his executors or administrators to purchase proper and sufficient materials, and also to employ a sufficient number of workmen to finish and complete the said dwelling house, buildings and works, and also that the said C. D., [proprietor], his executors, administrators or assigns, shall and may deduct and retain to himself and themselves the costs of such materials, and all such sum and sums of money as he or they shall pay to such workmen for the completion of such dwelling house, buildings and works out of the money which shall be due to the said A. B., [builder], his executors or administrators, under this agreement; and also that the said A. B., [builder], his executors or administrators, shall not nor will in any manner do, or cause or procure to be done, any act, matter or thing whatsoever to prevent, hinder or molest the said C. D., [proprietor], his executors, administrators or assigns, or any person or persons employed by him or them

from completing and finishing the said dwelling house, buildings and works in manner aforesaid, or in using the materials which shall be on the said premises, and provided by either of the said parties for the doing thereof.

And the said C. D., [proprietor], doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree to and with the ́said A. B., [builder], his executors and administrators, that he the said C. D., [proprietor], his executors or administrators, shall and will well and truly pay or cause to be paid unto the said A. B., [builder] his executors, administrators or assigns, the sum of $ of lawful money of Canada, in manner following, that is to say, the sum of per cent. on the amount of the materials used in the said buildings and works as they shall proceed, to be ascertained by the surveyor (or architect) for the time being, and his certificate under his hand to be conclusive between the said parties; and also that the said C. D., [proprietor], his executors or administrators shall and will every week during the progress of the said buildings and works, pay and supply the said A. B., [builder] his executors or administrators, with such sums of money as shall be sufficient for paying and discharging the wages and labour of the workmen and labourers who shall from time to time be employed in or about the said buildings and works, the amount whereof shall be ascertained by the surveyor (or architect) for the time being by a certificate under his hand; and the remainder of the said

within

sum of $ days (or months) next after the said dwelling house, buildings and premises shall be completely built, done and finished to the satisfaction of the said E. F., [surveyor or architect] or such other surveyor or architect as aforesaid, the same to be testified in writing under his hand. And it is hereby declared and agreed by and between the said parties hereto, that in case the said C. D., [proprietor], his executors, administrators or assigns, shall direct any more work to be done in or about the said dwelling house, buildings and works than is contained in the schedule hereunder written then, and in such case the said C. D., [proprietor], his executors or administrators, shall pay or cause to be paid unto the said A. B., [builder], his executors or administrators, so much money as such extra work and the materials used therein shall cost or amount unto, anything hereinbefore contained to the contrary notwithstanding; and that if it shall be thought proper by the said C. D, [proprietor], his executors, administrators or assigns, to diminish or omit any part of the work specified in the said schedule hereunder written, then and in such case the said A. B., [builder], his executors or administrators shall deduct and allow out of the said sum of $ so much money as the work so to be diminished or omitted shall amount unto, upon a reasonable valuation, anything herein before contained to the contrary notwithstanding; and all allowances or deductions for such extra or omitted works respectively shall be ascertained and settled by the said E. F.,