preceding each such admeasurement or other estimate, and that the nine tenth parts of such stated or reported price or consideration shall, immediately after each such admeasurement or other estimate, be paid to the said Thomas Baylis, his executors, administrators, or assigns as aforesaid*; and further, that within one month after the whole of the said roads, drains, walls, culverts, bridges, fences, embankments, field-gates, and works shall be completed, according to the true intent and meaning of these presents, all the residues which shall then remain unpaid of the said sum of ten thousand and seventy-six pounds ten shillings shall be paid to the said Thomas Baylis, his executors, administrators, or assigns; and the said John Kershaw, in pursuance of the said agreement in this behalf, doth hereby bind himself, his heirs, executors, and administrators, unto the said Alexander Milne, his executors, administrators, and assigns, in the sum of twenty thousand pounds, to be paid to the said Alexander Milne, his executors, administrators, or assigns, by the said John Kershaw, his heirs, executors, or administrators: Provided, and it is hereby agreed and declared, that if he the said Thomas Baylis, his executors and administrators, shall duly observe, perform, and keep the cove A clause should be added to provide that when each monthly measurement and estimate are made, the contractor should declare what claims he may have for any extra work. In subsequent contracts less security was required, the stopping of the one tenth of each month's payment being found the best security. nants and agreements herein contained on his and their parts, then the above written obligation on the part of the said John Kershaw shall be void, or otherwise shall remain in full force; and it is hereby further covenanted, concluded, and agreed, that in case any addition, alteration, or deviation shall be made at the desire of the said engineer, in writing, to, in, or from the plans or particulars, or either of them, every such addition, alteration, or deviation shall be paid for separately, and shall be subject to the like agreement, with respect to materials and workmanship, as herein-before contained with respect to the making and completion of the roads and works, according to the aforesaid plans and particulars, and as if such additions, alterations, and deviations had formed part of and been specified in such plans or particulars; and that no such addition, alteration, or deviation shall be considered as vitiating this present agreement, or shall in any wise affect the same, except so far as is mentioned in the stipulation last herein-before contained; and if such alterations shall increase or lessen the works herein-before stipulated to be performed, the same shall be paid for or deducted, as the case may be, at rates corresponding with the value of similar works herein-before contracted for: Provided, and it is hereby further covenanted, concluded, and agreed upon, by and between the said parties to these presents, that in case any doubt, dispute, or question shall arise, touching and by virtue of this agreement, or touching or concerning the true intent and meaning of these presents, all such doubts, disputes, or questions shall be referred to the decision of two referees, one to be named and appointed by the said Alexander Milne on behalf of the said commissioners, and the other to be named and appointed by and on the behalf of the said Thomas Baylis; and in case such two persons shall not agree in the premises, and make their decision and determination in regard thereto in writing, under their hands, in one month after the same shall be referred to them, then, and in such case, all such doubts, disputes, or questions shall be referred to such third person as the two persons so to be chosen aforesaid shall for that purpose nominate, and whose decision and determination thereon shall be binding and conclusive between the said parties, so as the same may be made in writing within one calendar month from the time the same shall be so referred to him as aforesaid. In witness whereof the said parties to these presents have hereunto set their hands and seals, the day and year first above written. The first Schedule referred to in and by the HOLYHEAD ROAD. Coventry Improvement Specification. The first improvement commences on the present road, near the Seven Stars public house, at the point marked A on the plan and section (Plate VI. fig. 1.)*: having ascended the small hill in Mr. Troughton's land, it crosses the Folly Lane, along which it runs a short way, and descends to the river, which is to be passed by a bridge of thirty feet spant; it then ascends the opposite hill, passing near the mill in the hollow; and, after crossing a garden and some meadows, terminates on the present road, in the common, at the point marked B on the plan and section. The second improvement commences in Spon Street, near Saint John's Church, at the point marked C in the plan and section (Plate VI. fig. 2), and after passing over the site of two houses and their premises, runs in front of the weavers' row of houses, and crossing the Chapel Lane, goes over the Windmill Hill, and continuing through the fields in almost a straight line, passes to the south of the city reservoir, over a stream; and from thence, over the hill in front of Mr. Wall's house, to the widow Hewett's house, and entering on the present road continues over the bridge, and finally terminates in the village of Allesley, at the point marked D on the plan and section. ROAD-MAKING. The dotted lines on the sections represent the natural surface of the ground in the longitudinal * The plans in this plate are on a reduced scale. For working drawings the longitudinal scale should be three chains to an inch, and the vertical scale thirty feet to an inch. The specification for building this bridge is in Chapter VII., on Road Masonry. direction of the new lines, about the middle of the space to be occupied by the road. The black lines represent the finished longitudinal surface of the foundation for the road materials. The figures above the vertical lines denote the depths of cuttings and heights of embankments. The rates of inclination which are on the first improvement are as follows:-1 in 30, 1 in 40, 1 in 36, 1 in 60, 1 in 100, 1 in 56, 1 in 35; and on the second, 1 in 35, 1 in 66, 1 in 51, 1 in 253, 1 in 180, 1 in 40, 1 in 101, 1 in 41, 1 in 40, and 1 in 30*; but it is expressly stipulated, that the contractor is to satisfy himself by his own measurements, or in any way he may think proper, as to these depths and heights; and all irregularities of the surface of the ground to be cut down or embanked upon, as no extra claim will be admitted. The breadth of the finished road is to be 35 feet; 30 feet for the carriage-way, and 5 feet for the footpath. (Plate VII. fig. 1.) The slopes of all embankments from the outsides of the finished road are to be two horizontal to one perpendicular, neatly dressed, and covered with green sod, at least four inches thick, evenly laid and closely jointed. (Plate VII. fig. 2.) The slopes of the cuttings on the southern side to be three horizontal to one perpendicular, those of the northern side to be two horizontal to one perpendicular; these slopes are also to be covered with sod, the green side placed uppermost, evenly * These inclinations are shown in the working drawings. |