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conditions, limitations and agreements, which are fully and particularly set forth in said agreement; which is hereby referred to for a specification of the same.

Now, therefore, If the said Ira T. Farrand, his heirs, executors or administrators, shall and do, well and truly do and perform all the things covenanted and agreed by him in said contract, and at the time or times, and in the manner therein mentioned, without any fraud or delay, then this obligation to be void and of none effect; otherwise, to be and remain in full force and virtue.

IRA T. FARRAND, [L. s.

] NELSON SMITH, (l. s.

THOMAS SMITH. (l. s.
Signed, sealed and delivered in presence of

C. S. PALMER,
G. W. ELMER.

Agreement of Douglass Houghton, State Geologist, with Ira T.

Farrand. Whereas, the legislature of the state of Michigan did pass an act entitled “ An act for the improvement of the state salt springs," which was approved and became a law and operative on the thirty-first day of March, A. D. 1840, by which a sum not exceeding five thousand dollars, was appropriated for the continuance of the improvements in progress at the state salt springs at Tittabawassee, in Midland county, in said state; and whereas, the state geologist was, by said act directed, to contract for such portion of the work contemplated as might be deemed necessary; but before the said contract, so made, should be operative, the same should receive the assent of the governor of the state of Michigan; and whereas, it was also provided by said law, that all sums of money drawn from the state treasury in pursuance thereof, should only be paid upon the warrant of the auditor general, which should only be issued upon the certified estimate of the state geologist; and upon all contracts for work in progress, the said law required a sum of not less than fifteen per cent upon the work done, to remain unpaid until the final completion of the contract.

And whereas, under and by virtue of the authority therein vested in him, the state geologist did, on the seventeenth day of November, A. D. 1840, cause public notice to be given in the state paper, that he would receive at his office in the city of Detroit, proposals for the continuance of the improvements in progress at the salt springs at Tittabawassee, in Midland county, in said state," by furnishing and sinking of good cast iron tubes, not less than seven inches in diameter, from the bottom of the shaft upon the state salt springs at Tittabawassee, to the rock, and by boring three hundred feet of rock; one hundred feet to be four and a half inches in diameter, and two hundred feet to be four inches in diameter; said proposals to be subject to the provisions of said act or law, passed on the thirty-first day of March, eighteen hundred and forty.

And whereas, Ira T. Farrand, of Tittabawassee, of Midland county, afosesaid, proposed to perform said work contemplated, at a less,price than any other person.

Now, therefore, In consideration of the premises, the said Douglass Houghton, state geologist, for and in behalf of the state of Michigan, of the first part, covenants and agrees to and with said Ira T. Farrand, of the second part, as follows, viz:

First, the said Ira T. Farrand covenants and agrees, to and with the said Douglass Houghton, state geologist, and his successors in office, that he will furnish and sink a good cast iron tube, not less than seven inches in diameter, from the bottom of the shaft upon the state salt lands at Tittabawassee, to the rock beneath, and sink a well in said rock to the depth of three hundred feet; one hundred feet of said well to be four inches and a half in diameter, and the other two hundred feet to be four inches in diameter, for the considerations and sums hereinafter specified, viz: the said tube is to be furnished and sunk at the rate of twenty dollars for every running foot; and the said well to be sunk at the rate of seventeen dollars per foot for the first or upper fifty feet, and the remaining two hundred and fifty feet to be sunk at the rate of sixteen dollars for every running foot.

And the said Douglass Houghton, state geologist, as aforesaid, covenants and agrees, for and in behalf of the state of Michigan, to and with the said Ira T. Farrand, that the said state shall well and truly pay to the said Ira T. Farrand, the said sums hereinbefore mentioned, for the work and labor herein mentioned as follows, viz: the said state shall pay the said sums as hereinbefore mentioned, as fast as the said Farrand shall complete the said work, except the said Farrand shall not be entitled to demand the said sums or prices, except at the expiration or termination of each fifty feet; when the price of said fifty feet shall be paid, as hereinafter mentioned. And it is expressly understood and agreed, by and between the said Ira T. Farrand and the said state, that fifteen per cent of the said price agreed to be paid, shall be retained by the said state until the full and entire completion of the said work hereinbefore mentioned, and agreed to be done by the said Farrand, agreeably to the provisions of said law herein referred to.

And it is further covenanted and agreed by and between the said parties hereto, That the said state, by their agents, shall have the right and privilege of annulling or determining this contract or agreement at any time after the said well shall

have been sunk to the depth of one hundred and fifty feet in the rock; and in case of this contract being annulled or determined by the said state before the said well shall be sunk three hundred feet deep in the rock, the said state shall well and truly pay to the said Farrand the entire of said price or sum, for such portion of the work as shall be completed, without any reservation, and thereupon be released from the terms of this contract.

And it is further covenanted and agreed by and between the said parties, That the said Farrand shall have the right to occupy the buildings now erected at the springs, and the use of the steam engine, and all tools in and about said premises, belonging to the state, and all the wood and coal prepared for and designed for use in making said well; and that the said state shall furnish, if necessary, in addition to the stock of wood now on hand, so much more as may be necessary to run the said engine to complete the said work.

And it is further covenanted and agreed by and between the said parties, "That the said Farrand shall, upon taking possession of said premises, execute and deliver unto said state geologist, as agent of the state, a receipt of the said steam engine, and all property now on said premises, belonging to said state, (except wood and coal now on hand;) and at the completion of said works or determination of this agreement, he shall render a true and faithful account for the same to the said state; but it is understood and agreed by and between the said parties, that the said Farrand shall not be liable to pay for any of said property used in conducting and carrying on said work, except as hereinafter mentioned.

And it is further covenanted and agreed, That at the expiration or completion of said work, the said Farrand shall and will yield and deliver up possession of said premises, buildings and steam engine, in good repair and condition; and shall well and truly deliver to the state, all fixtures of every description, erected by him, with all augurs, drills, screws, poles and all implements used in boring the said well, except such machinery as the said Farrand may furnish on his own account for the turning of the augur used in boring; and shall return all household furniture and blacksmith tools, received and receipted, in as good order and repair as when received, (the ordinary wear and tear excepted.)

And the said parties further covenant and agree, That the state geologist, for the time being, shall, from time to time, make out and certify to the auditor general of said state, an estimate of said work, upon the request of said Farrand: Provided, The said well has been sunk fifty feet, or an additional fifty feet, since the date of an estimate previously made.

And the said parties further covenant and agree, That in case

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the said Farrand should find it necessary, for the prosecution of the work herein specified, to sink a cast iron tube from the surface of the earth to the bottom of the shaft now down, that he is permitted to sink the same, and that the said state shall pay for the same when sunk, at the rate of six dollars and a half for every running foot: provided, the same is seven inches in diameter, and securely attached to the tube at the bottom.

And the said Farrand further covenants and agrees, to and with the said Douglass Houghton, as state geologist, agent for and in behalf of the said state, that he will forth with commence the said work, and prosecute the same without intermission or unnecessary delay, day and night, until the same shall be fully completed, done and performed.

And the said Farrand further covenants and agrees, to and with the said Douglass Houghton, as state geologist, that he will well and truly and faithfully perform the several covenants, agreements and understandings hereinbefore mentioned and set orth, on his part; and for the true and faithful performance of the same, he binds himself, his heirs, executors and administrators, firmly, by these presents, to the said Douglass Houghton, state geologist, and his successors in office, and also in manner and form as mentioned and set forth in the bond hereunto annexed.

This contract shall take effect from and after the same shall receive the assent of the governor of the state of Michigan.

In witness whereof, the said parties to these presents have hereunto set their bands and seals, this fifteenth day of December, eighteen hundred and forty; the said state executing the same by Douglass Houghton, state geologist, their authorized agent, and the said Farrand executing the same in his own proper person. DOUGLASS HOUGHTON, [L. s.)

State Geologist, IRA T. FARRAND. Signed, sealed and delivered in presence of

HENRY N. WALKER.

[L. s.)

Contract of Douglass Houghton, State Geologist, with Lucius

Lyon. Whereas, the legislature of the state of Michigan passed an act entitled “An act for the improvement of the state salt springs,” which was approved and became a law and operative on the thirty-first day of March, A. D. 1840, by which act, a sum not exceeding five thousand dollars was appropriated for continuance of the improvements in progress at the said springs,

at Grand River, Kent county, in said state; and whereas, the state geologist was by said law directed to contract for such portion of the work contemplated as might be deemed necessary; but before the said contract so made should be operative, the same should receive the assent of the governor of said state of Michigan; and whereas, it was also provided by said law, that all sums of money drawn from the state treasury in pursuance thereof, should only be paid upon the warrant of the auditor general, which should only be issued upon the certified estimate of the state geologist, and upon all contracts for works in progress, the said law required a sum of not less than fifteen per cent upon the work done, to remain unpaid until the final completion of the contract.

And whereas, under and by virtue of the authority therein vested in him, the state geologist did, on the fourteenth day of November, A. D. 1840, cause public notice to be given in the state paper, that he would receive at his office in the city of Detroit, proposals for continuing the improvements in progress at the salt springs at Grand River, Kent county, in said state, by fixing the gum securely and firmly upon the rock, or an iron pipe within said gum, seven inches in diameter, upon the rock, and boring three hundred feet into said rock; one hundred feet to be four and a half inches in diameter, and the remaining two hundred feet to be four inches in diameter; that all proposals should be subject to the provisions of said act or law, passed on the thirty-first day of March, eighteen hundred and fortv.

And whereas, Lucius Lyon, of Kent county, aforesaid, proposed to perform said work contemplated at a less price than any other person.

Now, therefore, in consideration of the premises, the said Douglass Houghton, state geologist, for and in behalf of the state of Michigan, of the first part, covenants and agrees to and with the said Lucius Lyon, of Grand River, Kent county, aforesaid, of the second part, as follows, viz: First, The said Lucius Lyon covenants and agrees to and with the said Douglass Houghton, state geologist, and his successors in office, that he will firmly and securely fix upon the rock at the state salt springs in said Kent county, the gum already sunk, or a cast iron pipe with a bore not less than seven inches in diameter, within said gum; that he, the said Lyon, will sink a well four and a half inches in diameter, to a sufficient depth to make one hundred feet from the upper surface of the dock now erected at said works, and from the termination of said one hundred feet, the said Lyon covenants and agrees that he will continue said well four inches in diameter, two hundred feet further, making the whole depth of the well, from the surface of said dock, three hundred feet, for the consideration or sums as fo Vol. I.

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