Abbildungen der Seite
PDF
EPUB

I,

CONVEYANCE IN CONSIDERATION OF A RENT-CHARGE
ACCORDING TO 8 VICT. c. 18.

of

[ocr errors]

in consideration of the rent-charge to be paid

[ocr errors]
[ocr errors]
[ocr errors]

CONVEY

CHARGE.

to me, my heirs and assigns, as hereinafter mentioned, by the [local autho- ANCE, RENTrity] for the of in the county of appointed and constituted under the provisions and by virtue of the acts in that behalf, viz., do hereby convey to the said their successors and assigns [describe the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belonging, and all my estate, right, title, and interest in and to the same and every part thereof. To hold the said premises to the said their successors and assigns, for ever, according to the true intent and meaning of the said acts. They the said their successors and assigns, henceforth yielding and paying unto by equal [quarday of

day of

[ocr errors]

me, my heirs and assigns, the clear yearly rent of
terly or half-yearly, as agreed upon] portions on the
and the
in every year, clear of all taxes and deduc-
tions, the first payment thereof to be made on the
day of
next. In witness whereof I hereunto set my hand and seal this
day of
, one thousand eight hundred and

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

the contractor) for himself, his heirs, executors, and administrators,
of the one part, and the [local authority] for the

[merged small][merged small][ocr errors]

of the other part.
[after giving

of

in

days public notice

expressing the intention of entering into this contract], has accepted the tender of the said

[ocr errors]

to execute the works described in the

schedule hereunto annexed, subject to the terms and provisions hereinafter expressed.

Now, the said

2

and their

for himself, his heirs, executors, and adminis-
trators, doth hereby covenant and agree with the said
successors, that he the said contractor will, in a good, substantial, and
workmanlike manner, and with materials sufficient and proper, of their
several kinds, execute, perform, and complete all and singular the works
mentioned in the specification hereto annexed, or thereby or by this con-
tract implied, or to be reasonably inferred, in and about
according

to the said specification, and to the plan, and drawings, prepared by
and according to such working and explanatory drawings and instructions
as may from time to time be furnished by the surveyor for the time being
of the said [local authority]: the several portions of the said works to be
respectively finished and completed on or before the times respectively men-
tioned in the said specification, and the whole of the said works to be
finished and completed, and to be cleared of all scaffolding and rubbish,
and other impediments, on or before the
and the
said works to be begun, proceeded with and completed to the satisfaction
of the said surveyor of the said
to be testified by a writing or
certificate under his hand.

[ocr errors][merged small][ocr errors]

That if any of the materials used, prepared, or intended to be used by the said contractor shall be considered by the surveyor for the time being of the said as unsound or improper, the said contractor will, upon notice in writing given by the said surveyor, reject and remove the same from the said ground: and in default of such rejection and removal

CONTRACT

within three days after such notice, it shall be lawful for the said surveyor FOR WORKS, to cause the same to be removed at the expense and risk of the said contractor, and all expenses thereby occasioned shall either be deducted out of any monies then or thereafter due to him from the said , or shall be recoverable by them of the said contractor as liquidated damages. That if the said surveyor shall be dissatisfied with any master, foreman, or workman, who shall be employed by the said contractor in the performance of the said works, and shall give notice in writing to that effect to the said contractor, he shall, within forty-eight hours afterwards, discharge from the works such master, foreman, or workman: and if the said contractor shall neglect so to do, it shall be lawful for the said surveyor to discharge such master, foreman, or workman, and to hire and employ any other person in his stead, at the expense of the said contractor; such expense shall be deducted recoverable as aforesaid.

That if the said surveyor shall consider any part of the work unsound, or improperly executed, the said contractor, on notice in writing given by the said surveyor thereof, shall cause such work to be immediately removed, and properly re-executed, without any extra charge whatever: and if the said contractor shall neglect so to remove and re-execute such work, it shall be lawful for the said surveyor to cause the same to be removed and re-executed at the expense of the said contractor; such expense to be deducted or recoverable as aforesaid.

That if the said shall think proper, at any time before the said works are completed, to make any alterations, additions, or omissions to or in the same, and their surveyor shall give written instructions, signed by him, to the said contractor for such alterations, additions, or omissions; then, but not otherwise, the same shall be done or made by the said contractor and any alterations, additions, or omissions, if the price be not stipu lated in the said specification, shall be measured, or estimated and valued by the said surveyor; and the amount thereof, according to the price or value, shall be added to or deducted from the sum hereinafter mentioned.

That any loss or damage which may happen to the said works, or the materials or implements therein used during the progress of these works from any cause whatever, shall be borne and made good by the said contractor at his own expense.

That, during inclement weather, the said contractor, whenever and so long as thereto required by the said surveyor, will suspend the performance of the works, and effectually cover up and protect the same from injury by the weather.

being the

And the said do hereby for themselves and their successors, covenant with the said contractor, his executors and administrators, that the said or their successors, will pay unto the said contractor, his executors, administrators, or assigns, the sum of price agreed upon, in manner following: that is to say, the sum of per cent. per month on the amount of the work done as it proceeds, the same to be ascertained by the certificate of the said surveyor, and the remainder of the said sum to be paid within three calendar months after the said surveyor shall certify that all the said erections, buildings, works, and premises, have been completely erected, done, and finished to his satisfaction and it is agreed that the certificate of the said surveyor for the time being shall be final and conclusive between the said parties as to the progress, nature, quality, or completion of the said works, and in all other matters and things relating to the premises.

That if the said contractor shall, from bankruptcy, insolvency, or any cause whatever, be prevented or delayed in proceeding with the said works, according to this contract, or shall not proceed therein to the entire satisfaction of the said surveyor, it shall be lawful for the said rescind this contract by giving to the said contractor notice in writing, signed by their clerk or surveyor, and also to employ any other builder,

to

CONTRACT

workman, or other person, by contract, measure, and value, day work or
otherwise, to proceed with the said works, and to complete the same: and FOR WORKS,
on the service of the said notice, this contract shall become void as to the
said contractor; but without prejudice to any right of action which the
said contractor may be subject to for any neglect in not proceeding with
the said works pursuant to this contract: and the amount then already
paid to the said contractor by the said
shall be considered to be

the full value of the works executed by him, and the said contractor shall
thereupon be paid such a sum only as he may be entitled to, the same to
be ascertained by such certificate as aforesaid: and the materials, whether
prepared or unprepared, which may be at that time on the premises, shall
become the property of the said
without further payment for the
same and the said contractor shall not in any manner prevent, hinder, or
molest the said
or the persons employed by them, in proceeding
with and completing the said works, and using such materials as aforesaid.
That the giving to or leaving at the usual or last place of abode of the
said contractor, his executors or administrators, or the giving to his or
their foreman or superintendent of the works, of any notices, instructions,
or drawings, to be given or furnished under this contract, shall be deemed
good service or delivery thereof to the said contractor, his executors or
administrators.

That if this contract be not duly performed, the said

[blocks in formation]

shall pay

as and for liquidated damages.

In witness whereof the said contractor has hereunto set his hand and seal the day and year first above written.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small]

Know all men by these presents, that we
are held and firmly
bound to
in the sum of of lawful money of Great Britain,
to be paid to the said
or his certain attorney, executors, ad-
ministrators, or assigns; for which payment, well and truly to be
made, we bind ourselves and each of us, and any two of us, our and
each of our and any two of our heirs, executors, and administrators,
jointly, severally, and respectively, firmly by these presents: sealed
with our seals. Dated this
one thousand eight

:

day of

hundred and WHEREAS, by a certain contract or agreement, bearing even date with the above obligation, and made between the above-bounden part, and the [local authority] of the

[ocr errors][merged small]
[ocr errors]

of the one in the county of

of
contracted with the said

to execute and perform the works therein mentioned in the manner and by
the time therein specified, and subject to such terms, provisions, and
stipulations as in the said contract or agreement are particularly men-
tioned and set forth, and as on reference thereto will more fully appear.
Now the condition of the above obligation is such, that if the above-
bounden
his executors or administrators, do and shall well and
truly perform, fulfil, and keep all and every the covenants, clauses, pro-
visoes, terms, and stipulations in the said recited contract or agreement

OND.

BOND.

mentioned or contained, and on his part to be observed, performed, fulfilled, and kept, according to the true intent and meaning thereof, then the above bond or obligation shall become void, or else shall be and remain in full force and virtue.

[merged small][merged small][merged small][ocr errors]

[N. B.-Separate forms, for the use of burial boards, by the author, are published by W. Maxwell, 32, Bell-yard.]

DIVISION OF PARISHES INTO WARDS.

PUBLIC HEALTH AND LOCAL GOVERNMENT ACT.

INSTRUCTIONS TO LOCAL BOARDS.

Division of Districts into Wards. Minute as to Details Required.
Local Government Act Office,

Richmond Terrace, Whitehall.

Division Into Wards.

In the case of any proposed division into wards, information should be furnished by the local board to this office, upon the following points :

A correct plan will be required of the entire district. This may be furnished by an ordnance sheet, or tracing of parish, tithe, or other authentic map. The boundary of the district should be shewn, and the proposed boundaries of the wards clearly traced on the map; to be defined by letters from point to point, as A, B, &c. A written description of the boundaries should also be furnished, commencing at point marked A, and clearly defined.

The map should have a title distinctly written thereon, and the wards should have names or numbers.

The area, rateable value and population of each ward, should be set forth as nearly as is practicable; and the number of members proposed to serve for each ward should be stated.

INSTRUC

TIONS AS TO

SETTING OUT

Section

The Local Government Act, 1858, provides (section 16) that new bound-
aries may be defined and set out for the purposes of the act.
24 provides for the division of districts into wards.

INSTRUCTIONS AS TO SETTING OUT NEW BOUNDARIES
AND DIVISIONS INTO WARDS.

Setting Out New Boundaries.

In devising new boundaries care should be taken to enclose an area as Compact as practicable.

Natural divisions, such as rivers, brooks, and smaller streams, conNEW BOUN- stitute useful and readily defined boundaries.

DARIES AND

DIVISIONS

Roads, footwalks, and known and defined township, parish, or county INTO WARDS, boundaries are also readily recognised, and may be adopted, if suitable.

New boundary-lines should be commenced at some well-known place, and from such place should be defined from point to point. The several angles should be marked by letters or figures.

A full and clearly-written description of the proposed boundary should accompany the plan. The description should commence at (A), some easily recognisable place on the south of the proposed district, thence describe westward to (B), and so on to the completion of the boundary. If a field-fence is taken, state the number of such field on the tithe map,

or the tenant or owner's name. The description should be clear, unmistakeable, and as short as is consistent with accuracy of description. The name of the proposed district should be distinctly printed on the map, with the area in acres.

Division Into Wards.

Division into wards is for purposes of election of members to serve on the local board.

A map of the entire district, with name of district clearly printed thereon, must be provided, on which the main boundary is shewn.

The proposed division into wards must be by lines, clearly defined on the map of the district; brooks, roads, footwalks, streets, fences, or other easily recognisable lines of division may be adopted.

Define such lines on the map by a margin of colour.

Describe the proposed boundary-lines in writing, fixing and defining the several points by letters (A, B), or by figures (1, 2), and so on. Print on the map the name or number of each ward.

Give the relative areas, population, and rateable value of each ward. State the number of members proposed to be elected for each ward. The number must be divisible by 3, as one third of the members must retire each year, but may be re-elected.

A duplicate map or tracing must be provided by the applicants, in each case of setting out new boundaries or division into wards, such map or tracing to remain with this office, for future reference.

Local Government Act Office, Whitehall, August, 1864.

INSTRUC

THING OUT

SETTING

NEW BOUN

DARIES, ETC.

Local Government Act, 1858.

PLANS OF PROPOSED WORKS.

Town Improvement Works.

Plans, sections, and details are in all cases necessary to the preparation of reliable estimates, either for new works or for alterations and extensions of existing works. Such plans, sections, and details, together with estimates and a report describing the proposed works, must be submitted by any local board in applying for the secretary of state's sanction to a loan.

Duplicates of all the documents submitted, will be required, for filing in this office.

Applications for sanctions to loans for executing portions of works can only be entertained when they form part of a well devised general scheme. The execution of works may however proceed in sections, as local boards determine; and when a general scheme is in the first instance devised, there will be no objection to sanction necessary loans for the execution of the work by instalments.

Tracings of plans and sections will be accepted as duplicates.

Local Government Act Office, 8, Richmond Terrace, Whitehall, 1864.

PLANS OF
PROPOSED

WORKS.

« ZurückWeiter »