every evening (except as aforesaid) to the further personal instruction of the said J. D. in the several branches of useful learning usually taught in the said school, including reading, writing, arithmetic, mensuration, geography, the History of England, Scripture History, [and instruction in the principles of the Christian religion, according to the doctrines and discipline of the united Church of England and Ireland,*] with a view to perfecting him therein, and qualifying him for a schoolmaster; and pay unto the said J. D., as a recompense for his services, Pounds in the first year, Pounds in the second year, Pounds in the third year, Pounds in the fourth year, and Pounds in the fifth year of the said term, by four equal quarterly payments, on the , the day of in every year. Provided always, and it is hereby agreed between and by all the parties hereto, that in the event of the said A. B. or any future master dying, or ceasing to be the master of the said school, before the expiration of the said term of five years, the said J. D. and this present indenture of apprenticeship, shall be assigned or made over to the succeeding master for the time being, for the residue of the said term; and Il the stipulations herein contained shall be as binding and effectual in all respects between such succeeding master for the time being on the one hand, and the said C. D. and J. D. respectively on the other hand, as if these presents had been entered into with and by such succeeding master in his own person. And the said A. B., so far as relates to the acts and defaults of himself, his executors and administrators, doth hereby, for himself, his heirs, executors, and administrators; and the said T. U., W. X., and Y. Z., so far as relates to the acts and defaults of every succeeding master of the said school, his executors and administrators, do hereby for themselves, their heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, and also in each case as a separate covenant with the said J. D., his executors, administrators, and assigns; and the said C. D., so far as relates to the acts and defaults of himself, his executors and administrators, and the acts and defaults of the said J. D., doth hereby, for himself, his heirs, executors, and administrators, covenant with the said T. U., W. X., and Y. Z., their executors, administrators, and assigns, in manner following; (that is to say) that all such deeds and other acts in the law shall be made and entered into by the said A. B., his executors and administrators, and by the succeeding master or masters of the said school, and his or their executors and administrators, and by the said J. D., as shall be proper for effectuating the assignment of the apprenticeship of the said J. D., in manner aforesaid, and for binding all the necessary parties to covenants and stipulations corresponding with the covenants and stipulations of these presents. Provided always, that if the said A. B., or any future master of the said school, shall be desirous of determining the apprenticeship of the said J. D., then and in any such case (although the said J. D. may not *The clause in brackets will of course be omitted in the case of a pupil-teacher in a school on the British system. in any respect have conducted himself so as to entitle such master independently of this present provision to dismiss him or to procure his dismissal by any justices of the peace or other competent authority), it shall be lawful for him, with the written consent of the trustees or trustee for the time being of the said school, to put an end to these presents by paying to the said J. D., in addition to the proportional arrears of his salary, such a further sum as he would have been entitled to if he had continued to serve as an apprentice under these presents for the further period of twelve calendar months, or until the end of the said term of five years, which shall first happen. In witness, &c. 18 Form of Building Contract for a School. THIS INDENTURE, made the between A. B. of one part, and C. D. of and G. H. of National School") of the other part : day of , builder, of the E. F. of (trustees of the* Whereas the said C. D., E. F., and G. H., as such trustees as aforesaid, are desirous of erecting a building for school-rooms [and the residence of a schoolmaster] at aforesaid, and have to be architect for appointed J. K. of superintending the execution of the said building and the works relating thereto or connected therewith: And whereas the said A. B. has proposed to contract with the said trustees to execute and complete the building and works particularized in the general specification and drawings prepared for the purpose by the said J. K., and such other works as may be implied therefrom, at the price of Pounds, and the said trustees have accepted such proposal: And whereas the said specification (which is marked A.), and the said drawings (which are numbered from 1 to inclusive) have been respectively signed by the said A. B., and by the said trustees, and are deposited with the said J. K.: Now these presents witness, that, in consideration of the sum of Pounds, to be paid in manner hereinafter mentioned, the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C. D., E. F., and G. H., their heirs, executors, administrators, and assigns, in manner following; (that is to say) that he, the said A. B., his executors or administrators, will, on or before the day of 18, in a good, substantial, and workmanlike manner, with the best materials of their several kinds, execute and complete the said building and works mentioned or described in the said specification and drawings, and likewise such other works as are necessarily implied in or may be reasonably inferred from the said specification and drawings or any of them, or from these presents, although not expressly mentioned or described therein respectively, and will execute and complete the same in conformity to the general instructions of the said J. K., and to such explanatory drawings as shall or may hereafter from time to time be provided by him; and will on or before the day of carry up and roof in the said building, and will on or before the said day of deliver up the said building in a clean and perfect state, fit for use, and clear the ground of all scaffolding materials and rubbish whatsoever: And further, that if at any time or times during the progress of the said building and works, any of the materials intended to be used therein by the said A. B. shall be considered unsound or improper by the said J. K., or by any agent or clerk of the works whom he may from time to time appoint to watch the execution of the said building and works, or any part thereof, the said *Here insert the name of the parish or district. Or parish school, or school on the British system [as the case may be]. A. B., his executors or administrators, will, upon notice in writing given to him or them, or left at his or their usual or last known place of abode, immediately remove the same from the premises, and that in default of such removal for three days after such notice in writing, it shall be lawful for the said J. K. (without incurring any liability thereby, or by reason of any loss or damage that may happen to such materials therefrom) to cause the same to be removed at the expense of the said A. B., his executors or administrators, to such place or places as the said J. K. may think proper, he nevertheless giving information to the said A. B., his executors or administrators, if requested so to do, of the place or places to which the same shall have been so removed; and all expenses attending such removal may be deducted out of any subsequent payment or payments that shall become due to the said A. B., his executors or administrators, under this agreement; And further, that if at any time or times during the progress of the said building and works, or within two calendar months after the completion thereof, the said J. K. shall consider any part of the said building or works unsound or improperly executed, the said A. B., his executors or administrators, will, upon like notice in writing, without making any extra charge whatsoever, immediately take down such unsound or improperly-executed part of the said building and works, and replace the same by sound and properly-executed work, and effectually make good all such parts (if any) of the said building and works as shall have been in anywise injured or affected by such taking down or replacement. Provided always, and it is hereby agreed, that the opinion or assent or other act of neglect of any agent or clerk of the works appointed by the said J. K. as aforesaid, shall not be binding upon the said trustees, their heirs or assigns, or the said J. K., or restrain or impair the discretion and authority hereby given to the said J. K., or exonerate the said A. B., his executors or administrators, from any of the liabilities of this present contract with respect to bad workmanship, or to the use of unsound or improper materials, or otherwise howsoever. And it is hereby further agreed, that if the said A. B., his executors or administrators, shall not bonâ fide commence the said building and works on or before the day of or shall not thereafter proceed with the same with all reasonable despatch to the satisfaction of the said J. K. (unless prevented by fire, or such other cause as the said J. K. shall deem a sufficient excuse), it shall be lawful for the said J. K. (with the consent of the trustees or trustee for the time being of the said school), by notice in writing under his hand for that purpose, to be given to or left at the last usual or known place of abode of the said A. B., his executors or administrators, to put an end to this present contract, and the same shall thereupon become void, but without prejudice to any remedy which the said trustees or trustee for the time being may be entitled to under the same against the said A. B., his executors or administrators, for any cause whatsoever; and then and in such case the said A. B., his executors or administrators, shall be entitled to receive for the work (if any) that may have been already done, such sum only, in addition to the instalment or instalments (if any) already paid, as the said J. K. shall in his uncontrolled discretion decide to be just and reasonable, having regard to all the circumstances of the case. And it is hereby further agreed, that if the said trustees or trustee for the time being shall (at any time before the said building and works are completed) be desirous that any alterations, additions, or omissions should be made to or in the said building or works, and shall give to the said A. B., his executors or administrators, written instructions for such alterations, additions, or omissions, the said A. B., his executors or administrators, shall execute and complete the said building and works as varied by such instructions, and this present contract shall not thereby be vacated, but the value of such alterations, additions, or omissions shall be ascertained by the said J. K.* (at the equal expense of both parties) and hist decision shall be final and conclusive, and the amount thus ascertained shall be added or deducted (as the case may be) to or from the said sum of Pounds payable to the said A. B., his executors or administrators, under this contract, and the addition or deduction shall be made to or from the several instalments on and ultimate balance of the said sum of Pounds hereinafter respectively mentioned, or to or from any one or more of those payments respectively, In such proportions and in such manner as the said J. K.‡ shall determine to be proper and reasonable: Provided always, that the said A. B., his executors or administrators, shall in no case be entitled to any payment in respect of any alterations or additions unless such written instructions as aforesaid shall have been given for the same respectively. And it is hereby further agreed, that the said A. B., his executors or administrators, shall keep regular weekly accounts of day-work and materials for or in respect of all such alterations or additions as aforesaid, except those which from their nature will admit of being conveniently measured and valued at any period of the work, and shall deliver or send such accounts week by week to the said J. K.; and the said A. B., his executors or administrators, shall not be entitled to any payment in respect of any such alterations or additions, except as aforesaid, unless such weekly accounts in relation thereto shall be regularly kept and delivered, or sent as aforesaid. And it is hereby further agreed, that any loss or damage which, during the progress of the said building and works, may happen to the same respectively, or to the materials or implements used in or provided for the same, whether arising from fire, theft, or any other cause whatsoever, shall be effectually made good by the said A. B., his executors or administrators, and that no charge whatever shall be brought upon the said trustees or trustee for the time being for making good the same And further, that the said A. B., his executors or administrators, will do, execute, and provide not only all the work and materials respectively expressed, described, and specified in the said specification and drawings, or any of them, or in these presents, but likewise all such work and materials as are necessarily implied in, or may be rea *Or by the majority of three indifferent persons, one to be chosen by the said trustees or trustee for the time being, another by the said A. B., and the third by the two so first chosen. + Or their. Or the majority of such three indifferent persons as aforesaid. |