The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-16

part - Of the second part hereby take, 7pon TO
secure - rights thereto from unlawh u infringe
ment.
Tenth. Also, that every cart employed byA be said
part - Of the second part for the purposes ~ this
contract shall be submitted 10 the SupefinteuA lent
OF STREETS, for his approval before the is ed
on the district aforesaid, and shall again he SUB.
mitted to his approval every six months thereafer;
and no cart not having such approval duly made
and painted thereon, with the date thereof, shall
be used or employed in the district aforesaid.
Eleventh Also, that during the period aforesaid;
the said part - Of the second part shall and will
reside and keep an Office within the said district.
which ehall be open for the transaction OF business
from seven O'Clock Am. to six o'clock PM, and
thall notify the Commissioner Of Streets aud Lamps
Twelfth. Also, that if the said part - Of the
second part shall fail or neglect to perform any
duty which he is required to perform BY this con.
sbah be notified so to do, by notice in writing left
at his residence or place OF business aforesaid, by
the Superintendent of Streets, then such Superin
tendent of Streets may cause such duty to be per
formed, and in case the said Superintendent shall
fail TO notify the said part - of the second part
of such failure neglect, or having notified as afore
said, shall fail or neglect to have such duty per-
formed the Mayor Of said CITY may cause said Super
writing at bis Office; and if said Superintendent
should continue, for twenty four hours thereafter
to neglect or fail in the performance Of such duty
then The said Mayor may cause the same to be
done.
Thirteenth. Also, that when the Superintendent
of Streets, having performed the duty as afore
said, and having certified the reasonable expense
thereof in writing, under oath, to the Commissioner
Of Streets and Lamps; and also, when the Mayor
having caused the duty to be performed as before
provided, and the officer to whom the Mayor has
entrusted the performance thereof, having certified
under OATH The reasonable expense thereof. in
either Of such cases fhe amounts thus certified shall
he binding and conclusive on the said part -
OF the second part, and the Department of Finance
may cause such expense to be paid, which shall be
deducted from the next succeeding payment other.
vine Que to the said part - OF the second part
according to the terms of this agreement; and
shoul Id the rext payment be insufficient to rein-
burse the expense SO incurred, then such deficiency
and said part - of the second part shall lose
the amonnt of such expense. And should the pay.
ments to become due to said part - of the
second part be insufficient to reimburse the city for
the second part shall be liable to the said parties
OF the first part fol such deficiency.
Fourteenth Also, that if the said part - of
the second part shall fail or neglect to clean any
cited, any citizen may, at his own expense and
without notice 10 the said part - of the second
part, cause the same to be cleaned at his own ex.
pense, and may have and dispose for his own ac
count OF the manure or other substances thereby
collected.
Fifteenth Also that il the said part - OF the
second part shall refuse fail neglect to comply
with the requirements Of this contract, or any part
thereof for forty eight hours after being notified in
writing to perform the same or any part thereof
aforesaid by the commissioner of streets and lamps.
or the superintendent Of streets. or the captain Of
sucS nescs s failure oconr snch notice a wa to be
served by leaving the same at his house or Office,
then thesaid Parties OF the first part by their said
Commissioner of Streets and Lamps, shall, in writ
ing, declare this contract foreited and said part
ofthe second part shall not be entitled to claim
any moneys upon the said contract after the time
when the said notice shall be served upon him as
Aforesaid; nor shall ne be thereafter entitled to any
profits, benefts, advantages tn be had or derived
from such contract. And it shall thereafter be law
full for the Commissioner of Streets and Lamps to
procure such work, hereby contracted for, to be
dope by other persons pursuant to law and the or
dinances of the Common Council. And the said
part - of the second part shall be liable to pay,
and shall and will pay to the Corporation Of the
city OF New York, all such loss or damage they
may have sustained by reason Of such refusal,
neglect or failure.
Sixteenth. Also, that the said part - Of the
second part. when required by the Croton Aque
duct Department, through the Water Purveyor or
other officer Of the said department, shall carry
away, in water tight carts, all dirt, rubbish, and
filth taken from the receiving basins and sewers
within the district aforesaid and to effect such re-
moval within twelve hours after such dirt rubbish
and if such removal is neglected for twelve hours
after the said dirt rubbifh or filth bas been taken
from the said basins or sewers, then such removal
may be made forthwith by the Croton Aqueduct
Department, at the expense of such part - Of the
second part, to be certified to the Department of
Finance, and deducted from the payments due, or
to become due, to the part - Of the second part
under this contract.
dinances shall not excuse the non performa nee by
the said part - OF the second part, of any of the
work hereinbefore specified.
Eighteenth. Also that said part-of the second
-1.lIl IL
hydrants within the - district aforesaid, for
sprinkling streets in advance Of the sweepers en-
poyed therein, but not more than one hydrant shall
be opened at time, and this only so far as to
Bile the said part OF the second part or his SER
wants, conveniently to ill their watering pots. and
to be carefully closed when left. That the said hy
dIants shalt not be used to wssh the filth of cutters
into the receiving basins or public sewers, nor shall
sprinkling the streets and the said part - of the
second part shall pay for repairs by the Croton
Aqueduct Department of hydrants damaged by the
said part - OF the second part or the men in -
employ. And, n case the said part - of the Sec
ond part shall violate or fail to observe the rules and
provisions Of this section, the Croton Aqueduct De-
psrtment may, at their discretion, revoke or sus-
pend the privilege grnnted therein.
Nineteenth. Also, that ia the performance of an
and all parts Of the work hereinbefore specified in
which part accidents injuries may happen to the
person or property of another, the said -, of the
second part shall place proper guards fer the pre-
night suitable and sufficient lights during the per-
.ormance Of the work, and that he will Indemnity
the parties Of the first part for any damages costs
TO which they may be put by reason Of injury to
the person or property Of another resulting from
negligence or carelcssness in the performance Of
the work.
Twentieth Aiso. that the said part -, Of the
second pant, will give - personal attention con.
stanty 70 the faithful prosecution Of the said work
specified In this contract. That - will not sub.
Let the aforesaid work, but will keep the same un-
der - own control, direction and superv ision;
tbat - will not assign by power OF attorney or
otherwise, any of the moneys payable under this
agreement: that will punctnally pay the work
men who shall be employed in the performance Of
the aforesaid work and in cash current and not in
what ia denomnated store pay.
Twenty first. Aso, that part - OF the second
part will furnish the said Commissioner Of Streets
and Lamps with satisfactory evidence that all per-
sons who have done work or furnished materials
under this agreement, and who may have given