Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-01-15
STATE OF MAINE.


tober term, 1890.
The Aoos-hsad Pulp and Paper Co. VS.. Melville
GRAFT and John Aver OF Oakland Trustee.
And now on suggestion TO tie Court tina; Neville
C. GRAFT OF Teton Nss. Vie defendant at the
time OF the service of the writ was not inhahit
ant of this State, and had no tenant, agent, or
attorney within the same, that his goods
or estate have been attached in this action,
and that he has had 10 notice of said
suit and attachment, it is ordered, that notice of
the tendency OF this suit be given to the said de,
PENDANT By publishing attested copy OF this
order together with copy efthe plaintiff de.aIa-
ton, three weeks successfully i'll the kESS ERIC
Journal, Hewspaper printed at Augusta. in the
County of kenneAec, the last publication TO be
not less than thirty days before the next
term of this Court, 10 be holden at Augusta,
within and for the County of kennebec. on the
INST Tuesday of March, 1871, that said defendant
may then and there appear, and answer TO said
suit, If he s. all see cause.
AttfsI VS.. CHOATE, Clerk.
Writ dated June %. 1890, r.turnshle and
are attached TO the vaue OF s2Oe0 to answer un;
tine Noosehead Pup and raper Company, b
corporation eNi.ttrg by law and having IN
iabils' ed place of business at Embdeu in the
County of somerset and stat, OF Maine; IN u plea
Of covenant broken for that whereas, by certsie
deed, interchangeable made between the said
Grant and The plaintiff on the twenty fifth day
OF July. A. b. 1853, at said Emblem bearing date
the same day. one part whereof. under the his nds
and seals of the said Grant and The plaintiff, is
in court to be produced. mutually covenan ed
ures following, viz; .....e
For the uniform price OF three dollars and
ninty seven ana one-half cents ($397D per cubic
yard the Contractor (meaniug tue defendant
agrees TO build ana com. lete before October :oth,
ies9, IN u thorough and ~orkmanlike manner to
fhe satisfaction OF the Company's Engineer
('nesni the plaintiffs engineer) the stone
masonry foundations and building walls of the
Company's Mil tmean,ng the plaintiffs mill IL,
EnbieD, Maine, according to the plans, liGes,
levels and grads o. the Company's Engineer
(meRnlng the pl ,intif's engineer under the fol
lowing specifications
1. Ali the stone work and walls 10 be well
bondef, butt vita as much care and n.atne.s
as is possible in this Glars Of work, laid bv the
line on the faee aud well pointed with finely
tempered cement.
= The masonry to consist of ats rna' ing headers
and stretchers 50 that at least quarter of thu
stones : iall be headers and be Immediately over
the stretchers of the underlying C urse
:, Necessary bscking and filling TO be done
With good sized stone laid to break joins AMI
inches. and such spaces are 10 be well filed with
linn r. or sprnwis laid in cement and well
grouted
!. All cement 10 be Of the best quality. freshly
burned and ground hydraulic cement of the
brand and to stan1 proof tensile teet Of
fifty pounds 10 the square inch OF sectional
rea on -pecimeBs allowed a set Of twenty min.
utes in air auu twenty four hours under water.
5. All crmeut mortar to be, made of one part
in hulk OF c"ment TO Two parts in bulk o: clean.
c1arse, sharp -and well and thoroughly mixed
toptther III II titan DOird DON before addition
wafer, and 20 be used immediately after mixing.
No mortar lett over night TO be used.
o. All lime aud cement mortar to be made
as above specified except that for one half the
bulk of cement an equal bulk of lime is to be
substituted.
Z. All cement used in grouting to be mixed ss
specified in paragraph number s. and to be liquid
enough to run freely All grouted wall to be
hlit a. least every course.
8. All u asonry to BIZ paid for by the cubic yard
measured in the wa !. computing only the actual
soIdity thereof, any customs. us5ges or conyea
tiona, Measurements TO the contrary notwith
standing.
.. The heavy hydraulic walls. piers and arches
(Which are estimated to contain abppt twelve
hundred rI200) cubic yards) TO be built of tn,
largest stone furni- he'd, laid up with cement
mortar and well grouted. The lighter foundatio
walls. supporting walls snd wing walls (Which
are estimated 10 contain about four hundred 400
cable yard7) are 10 be built of smaller stone laid
up with cemen mortar. The building walls
above the foundations (which are estimate ed to
Two feet thick, to have two faces and 10 b.
built OF smaller stone laid up with lime and
cement Mortar.
Tie Contractor (rneaning the defendant
agrees that all labor aud materials are to be al
all times sabje 7" the inspec tion and approval
OF the COMPANY s Engineers and Inspectors
tmeauin, the Plaintiffs inspectors and ngius ers
who shall have Authority to reject bad work AND
materials.
The Contractor (meanng the def ndaat) agrees
i'ht ~ 'iit''aHS ~ OF masonry, win
ptoporuohate increase of time for execution, and
no decrease, not exceeding three hundred 900
euti, yards. siall after tae rate per cubic yard
tntitie him to shy extra compensation and that
any changes may b. made ia the plans, lines
work.
The Comrauv (meaning the plaintffl1 agrees to
tLFaish within ore hundred and fifty $50 feet OF
the mill site stone guarded in the rough and to
aIiow the contractor tm' aning the DEFENDANT
10 take sand from its premises free.
t'tDfF1rtur m dol pIgp
10 hanih dress all atone. to furnish all o. hef
materials and all tools, machinery and l.bor at
his own proper charge ard expense ana 10 lay the
masonry work as above described and specified.
The 'ompsng meaning T. plaintiffJ agrees to
give the Contractor meaning the dtfepdan Q
reasonable increase OF time in which TO finish his
work under this contract il strikes 5if. citing this
u ork occur among his worhncn at the Falls and
to repay the Contractor (meanpg the defendant
any proper WAGES he pays his employees for the
time they lie idle through the fault of The Com
pan, (msaniug the pla,ntie) in not furnishing
stone promptly.
The Company meaning the plaintifl agrees TO
pay the Contractor meaning the defendan;I once
n thirty days eighty so per cent of the money
due nm for work cone hereunder during he
thirtg days immediately preceding the payment
upon TIE estimate OF is Engineer meaning The
plaintiff sepRineer) sDd TO pay him the balance
thirty eight days after the complexion or the
who'll work Payments to be made only upon the
certificate OF the CompaDy's Engineer meaning
the Plaintiffs engineer that the work has bee
done ia wotkmhniike mai nrr and is, together
with the materials to be furnished by the Con
tractor tmraning the DEFENDANT, according to
the terms of this contract.
And now the plaintiff says that he has Gone and
performed all things by him, according to the
covenant Aforesaid to b. PEE fo med and that the
time Of performance by the defendant Of his part
OF the covenant aforc,nid has long .ipce elap4ed
Vet the sald defeI dsnt has not built and cem
pleted sud mil of The plaini,H in any manner
but whoily hegect- ard refuses so to d.; and 80
the plaintiff says that the said defendant has not
Aept h said covenant, so Made with the plaintiff
a. Aforesaid, although often requested so to do.
but hes hitherto refused md stii refuses so to do
and 20 has broken the same.
Date Of service on Trustee June &C. 1890 A
true copy of the order of Court aud plaintiffs
d. clar ton
Attest; W. s CHoATE, Clerk.
anl5t2 29