Phoenix weekly herald., 1896-06-04


first part for such convict labor as FOL
lows, to-wit: The value of each cor
vict's labor shali,be placed at 70 cent
per day, sud as soon as the party OF th
fret part has furnished convict lebo
at the rate of 70 osnts per day
aggregstDg she sum of six5eel
hundred (sl60o O0) dollars, the part!
OF tho second part shall issue
it's perpetual water-right deed fo
eighty (80) acres of land, OF the water o.
the waser of it's canal. when such csns
is completed.
The form end language OF such deed
shall be as pear aa may be, that OF Bx
hibit "a" hereto annexed, which is here
by made a part of this agreement, and
the said party OF the first part agrees to
take, accept and execute such deed
subjsob TO the conditions, covenants,
rules, regulations, limitations and
qualifications in SAID Exhibit "A" set
forth and contained, such deeds to be
stssched to bhe land herein before dee-
crlbed belonging to the party Of the
first part, as said party OF the first part
shall designate, until water right deeds
shall have been issue for all Of said
lands.
1t is further covensnted and agreed
by and between the parties hereto, thst
after. the wster-rights hereinbefore
provided for, are earned by said party
OF the first part, then SIS soon az the
labor OF convicts at the rete of 20 cents
per day, for.esch days labor, amounts
to sixteen hundred (S1600 o0) dollars,
the party OF the second part shall issue,
water-rght certificate for one eighty
(S0) acre wateT-right.
The form and language of such GER
tifica5e shah be as near as may be that
of Exhibit "B" hereto annexed which is
hereby made part OF this agreement.
Ibis further understood and agreed
by and between the parties hereto that
the party OF the second part is to have
the privilege, at any time. of paying to
the party of the first part 10 cents per
day in cash for each days labor per
formed in lieu of the issuance of water
right certificates; and should the party
of the first part desire at any time to
sell or dispose of any OF the certificates
for wster-ri9hts aforesaid, the party Of
the second part shall have the option OF
purchasing the same, at rate not less
than they could be sold by the party Of
the first part TO other parties.
It is further stipulated by and be
tween the parties hereto in considera
tion of the covenants herein contained,
that Bne said party OF the second part is
to uss such of said convict labor under
this contract aud lease as it may, from
time to time require, and ssid party Of
the second part need not commence to
use any of said labor sooner than five
months from date hereof.
1t is further stipulated and agreed by
and betwesn the parties hereto in con-
siderstion of the covenants herein con
iained to be performed by each OF the |
parties hereto, aud in consideration of
,he oonvict labor herein mentioned, that |
,he lease OF the lands herein described |
shall com mence on and from the day |
ghen water shall be conducted in the |
'snsl OF the party OF the second part to
ards, convenient for the seid water |
% be conducted upon the said lRnde, |
herein before described and shall termi
lste ten (l0) years thereafter; and that
he party of the second part shall pay |
% the party OF the frat part as rent |
herefor en annual sum TO be hereaf
er determined upon, in cash, or-sb the |
'pBion of the party of the second part, |
'ne-hslf of the net products of the said
ands, provided, however, that the SAID
ease shall commence TO run within four
ears from date.
1t is further agreed, covenented and
declared that these presents are made,
xecnted and delivered for the best in
erests of tie Territory of Arizons, and
or the purpose of furnishing employ
nent for the inmates of the said Terri
orial Prison, the labor of said inmates
,sing not required upon any buildings
p properties OF any institution OF the
aid Territory.
lb Is IUFbQ9E uDOSFSbOOQ SAG
hat the continuance and maintenance
f this contract by the party Of the first
ert, or it's successors, during it's entire
erm, is of the essence thereof, and that
be rights and privileges whioh accrue
o the party of the first part hereunder,
hsll be subject and contingent upon it's
ull, entire and faithful performance,
nd shall be forfeited and defeasble in
he event of any substantial, persistent
z willful breach thereof
Is is further understood and agreed
y and between the parties hereto, that
, is not intended in this contract and
saee to do anything contrary to Act No.
Of the 18Th Legislative Assem- bly, OF
he Territory OF Arizona, passed March
th, 1885, end should this contract or
,sse in any manner conflict with the
act, such part so conflicting
hall be null and void, snd those parts
ot conflicting with said act shall re-
lain in full force and virtue, it being
be intention of this contract and lesse
o comply with the above ACT in every
espect.
10 witness whereof, L. c. Hughes,
Governor Of the Territory OF Ari-
ons; c. P. Lsitoh Auditor OF the
'erritory of Arizona, and NJ. 81