pared by an eminent barrister, it may be safely made use of as a precedent by road trustees, engineers, and solicitors. There will be found, in the specifications annexed to the deed, a good deal that has been already stated; but this repetition will serve to impress the more firmly those principles which should always be followed.

DEED OF CONTRACT FOR THE COVENTRY

IMPROVEMENT.

Articles of agreement made and entered into the fourteenth day of November, in the year of our Lord one thousand eight hundred and twentyseven, between Thomas Baylis, of Stratford-uponAvon, in the county of Warwick, road-maker, of the first part; John Kershaw, of the parish of Sapworth, in the said county of Warwick, esquire, of the second part; and Alexander Milne, of Whitehall, in the county of Middlesex, esquire, on behalf of the commissioners acting in execution of an act of parliament passed in the eighth year of the reign of His present Majesty King George the Fourth, intituled, " An Act for the further improvement of the road from London to Holyhead, and of the road from London to Liverpool," to whom the said Alexander Milne is secretary, of the third part. Whereas the said commissioners having caused it to be made public that they would receive proposals for making, forming, and completing two new pieces of road, one commencing at or near the Seven Stars public house at Whitby,

in the county of the city of Coventry, at the spot distinguished on the map or plan here annexed by by the letter A, and extending from thence to the present road opposite Lygon's mills, where it terminates at the spot marked on the said map or plan by the letter B; and the other new piece of road commencing in Spon Street, near St. John's Church, in the said city of Coventry, at the spot distinguished on the said map or plan by the letter C, and extending from thence to the village of Allesley in the said county of Warwick, where it terminates at the spot marked on the said map or plan by the letter D; and the several drains, walls, culverts, bridges, fences, embankments, field-gates, and works connected with the said new road, according to the specifications and general observations comprised and set forth in the first schedule hereunder written, and the plans and sections hereunto annexed, he the said Thomas Baylis delivered in the proposal contained in the second schedule hereunder written for executing the said roads, drains, walls, culverts, bridges, fences, embankments, field-gates, and works in manner aforesaid, and at the prices or sums mentioned in the same proposal; and the said proposal having been duly accepted by the said commissioners, he the said Thomas Baylis hath agreed to enter into the covenants herein-after contained for the due performance thereof respectively; and the said John Kershaw hath, at his request, agreed to become his surety in manner and to the extent herein-after mentioned; and the said Alexander Milne, on the

part of said commissioners, hath agreed to enter into such stipulations as are herein-after mentioned with respect to the payment, in manner and at the time herein-after mentioned, of the consideration money to be paid to the said Thomas Baylis. Now therefore these presents witness, that in pursuance of the said proposal herein-before referred to, and in consideration of the sum of ten thousand and seventy-six pounds sixteen shillings and sixpence (the sum mentioned in the said proposal), to be paid as herein-after mentioned, he the said Thomas Baylis doth hereby, for himself, his heirs, executors, and administrators, in manner following (that is to say), that he the said Thomas Baylis, his executors or administrators, shall and will forthwith undertake, and with diligence proceed in the execution of, and duly complete or cause to be completed on or before the 25th day of March which will be in the year of our Lord one thousand eight hundred and twenty-eight, the said first-mentioned piece of road between the Seven Stars public house and Little Park Street aforesaid, and shall and will forthwith undertake, and with diligence proceed in the execution of, and duly complete or cause to be completed on or before the twenty-fifth day of March which will be in the year of our Lord one thousand eight hundred and twenty-nine, the said secondly herein-before mentioned piece of road between Spon Street and the village of Allesley aforesaid, together with all and singular the drains, walls, culverts, bridges, fences, embankments, fieldgates, and other the works in the said first schedule

mentioned, according to the specifications and general observations contained in the same schedule, and the plans and sections hereto annexed, and at the price or sum mentioned in the said proposal contained in the said second schedule; and further, that the said Thomas Baylis shall and will, in all respects, faithfully, readily, and diligently abide by, observe, perform, and keep the said several terms and stipulations mentioned in the said specifications and general observations, and pursue the said plans and sections according to the true intent and meaning thereof, and shall not nor will make any deviation therefrom without the licence, consent, and approbation of the engineer for the time being of the said commissioners, in writing, for that purpose first had and obtained; and that the said Thomas Baylis, or some experienced and responsible person on his part, shall from time to time pay due personal attendance to the said several works, as the same shall be carrying on, and shall at proper times be ready to be conferred with by the inspector appointed by the said commissioners; and these presents further witness, that in pursuance of the said agreement on this behalf, and in consideration of the premises, he the said Alexander Milne doth hereby for himself, his executors and administrators, covenant, promise, and agree with and to the said Thomas Baylis, his executors, administrators, and assigns, in manner following; (that is to say,) that in case he the said Thomas Baylis shall and do well and truly perform and keep the several stipulations and agreements

herein contained, referred on the part of him the said Thomas Baylis, his executors or administrators, to be performed and kept according to the true intent and meaning of these presents, then they the said commissioners for the time being, or such person or persons as shall from time to time be appointed by them for that purpose, shall and will well and truly pay or cause to be paid unto the said Thomas Baylis, his executors, administrators, or assigns, the said sum of ten thousand and seventy-six pounds ten shillings, in manner hereinafter mentioned; (that is to say,) at the end of each twenty-eight days from the time when the making of the said roads or works shall be begun upon as aforesaid, and shall pay or cause to be paid to the said Thomas Baylis, his administrators, executors, or assigns, nine tenth parts of the sum which shall be payable in respect of or be taken as the consideration for the work that shall have been done in the course of the twenty-eight days immediately preceding; and further, that for the purpose of ascertaining how much of the said sum of ten thousand and seventy-six pounds ten shillings shall be taken for the consideration for each twenty-eight days work, the engineer for the time being of said commissioners, or his assistants, shall, at the end of each twenty-eight days, measure the work done, or otherwise estimate the same, and shall report or state how much of the said sum of ten thousand and seventy-six pounds ten shillings ought to be taken as the consideration for the work done during the twenty-eight days immediately