Construction of Engine;-Steamship. IN WITNESS WHEREOF, we have hereunto set our hands and seals, this day of in the year 18 in duplicate. [Signatures and seals.] 564. Contract by Officers of Corporation, for Construction of a Locomotive Engine. MEMORANDUM of agreement between A. B. and C. D., composing the firm and W. X., president of the of A. B. & Co., of and Y. Z., treasurer of the Company, Company-viz.: A. B. & Co. agree to build for the said companies one locomotive engine and tender, as described day of [in the months below, and deliver the same at DESCRIPTION OF ENGINE AND TENDER. Both engine and tender to be constructed in the best manner, of the best materials, and the power and efficiency of the engine warranted sufficient to carry one hundred tons, of two thousand pounds per ton, of empty cars on an ascending grade, not exceeding forty feet to the mile, with a curve not less than six hundred feet radius, and at a speed not exceeding ten miles per hour. And the said W. X., president, and Y. Z., treasurer, agree to receive the said engine and tender, when ready for delivery as aforesaid, and to pay therefor the said sum of dollars, in the draft so accepted, interest being added as aforesaid. IN WITNESS [etc., as in Form 557]. 565. Contract for the Construction of a Steamship. THIS AGREEMENT, made this day of and one thousand eight hundred between A. B. and C. D. (doing business in the city of under the firm-name of B. & Co.), shipbuilders, of the first part, and W. X., WITNESSETH, that the parties of the first part, in consideration of the agreements herein made by the parties of the second part, agree, with the parties of the second part,* I. That they will construct, build and complete, for the said parties of the second part, a steamship of the dimensions and materials mentioned in the specification hereunto annexed, and in all particulars conforming to the said specification and to the directions which may be given by the superintendent of such building herein named, for the sum or price of dollars, to be paid therefor as hereinafter mentioned; the said steamship to be launched on or before the day of next, and so soon as launched to be placed at the disposal and under the direction of the said superintendent, at , for the purpose of receiving her engines and machinery, and Contracts for Construction of Vessels. thereafter to be fully completed as soon as the said superintendent shall require. II. That they will furnish all the materials for the said steamship according to the said specification, excepting only such as by the express terms of the said specification are to be furnished by the owners (the par-` ties of the second part), the whole to be built and constructed of materials of the best quality, and in the best and most workmanlike manner; and, in every particular which is not specifically named and provided for in the said annexed specification, the said steamship shall be built and constructed of such materials, and in such proportions of each, and in such manner, in every respect, as the said superintendent may direct. III. The parties of, the second part, upon condition of the true and faithful performance of all things herein agreed by the parties of the first part to be done and performed, do hereby agree to pay to the said parties of the first part, for the building of the said steamship, the said sum of dollars by instalments, as the materials therefor are delivered and the work progresses; the first payment to be made when the keel is laid, and the other payments at the end of every month successively thereafter, and the amount of such payments respectively to be in the same proportion to the whole amount to be paid, which the work done and materials delivered shall bear to the whole work and materials required for the full performance of this agreement by the parties of the first part. IV. And it is hereby mutually agreed, that the above named W. X. shall have the superintendence and direction of the building and construction of the said steamship, as the superintendent herein above and in the said specification named. IN WITNESS [etc., as in Form 557]. 566. Contract for the Construction of Engines for a Steamship. [As in the preceding Form to the *, continuing thus:] I. That they will furnish all the materials for, and will construct, build and complete, finish, set up, secure and perfect in all their parts, and with all their appurtenances ready for sea, for the said parties of the second part, two side-lever low-pressure steam marine engines, with four boilers of the dimensions, materials and workmanship mentioned in the specification. hereto annexed, and in all particulars conforming to the said specification and to the directions which may be given by the superintendent of such construction in the said specification named, and with all the tools, fixtures and appurtenances therein mentioned or referred to, or to the same properly belonging or appertaining. II. That said engines and boilers, with all their said tools, fixtures and appurtenances, shall be put up, secured and fully completed in readiness for sea, on board of a steamship now building for the parties of the second part, by Messrs. M. N. & Co., of the city of and shall be, in every respect, ready for use on or before the eight hundred and day of one thousand III. That all of the materials for the said engines and boilers, with the Patent Rights. tools, fixtures and appurtenances, shall be furnished by them of the description in all respects conforming to the said specification, and of the best quality; and that the whole shall be built, constructed, put up, secured and fully completed in the most workmanlike manner. IV. That in every particular which is not specifically named and provided for in the said hereto annexed specification, the said engines, boilers, tools, fixtures and appurtenances shall be built, constructed, put up, secured and fully completed of such materials, and in such manner in every respect, as the said superintendent may direct, V. That they will progress with the said work with such rapidity as shall, in the judgment of the engineer mentioned in the said specification, be sufficient to insure the completion thereof by the times above appointed. VI. And the said parties hereto of the second part, upon condition of the true and faithful performance of all things herein agreed by the parties of the first part to be done and performed, do hereby agree to pay to the said parties of the first part therefor, the sum of dollars, by instalments, as follows-to wit: dollars (part thereof) is paid simultaneously with the execution of these presents, and the receipt thereof is hereby acknowledged by the parties of the first part; dollars is to be paid on next [etc., etc.]; and the residue of day of dollars so the soon as the said steamships are in all respects fully completed, and the said engines, boilers, fixtures and appurtenances proved by a satisfactory trial to be constructed, built, put in, secured and completed in all respects according to the provisions of this agreement and the said specification. VII. And the said parties of the second part, in like manner, further agree to pay the patentee or owner of the patent for the privilege of using whichever cut-off, mentioned in the said specification, the superintendent may direct to be used on the said ship. VIII. And the said parties of the second part, in like manner, further agree to pay to the parties of the first part, when the ships are completed as aforesaid, for the sheet-iron work in the coal-bunkers and the coalscuttles to the same, after the rate of work; and for cast-iron work to the same, work. IN WITNESS [etc., as in Form 557]. cents per pound, of finished per pound, of finished 567. Contract for the Right to Manufacture a Patented Article, Paying a Tariff to the Patentee. THIS AGREEMENT, made this day of , patentee, of the one part, and Y. Z., of day of other part, witnesseth: Whereas, A. B. is proprietor of an invention for [here describe it], and of letters patent issued therefor by the United States of America, bearing date the 18 ; and whereas the said A. B., for the considerations hereinafter contained, hath agreed with the said Y. Z. to license and authorize the said Y. Z., his executors, administrators and assigns, to make and vend the patented articles specified in the Contracts respecting Patents and Copyrights. said patent, during the continuance of the said patent, or any renewal thereof, in manner hereinafter particularly specified: Now, in pursuance of the said agreement, and in consideration of the covenants and agreements hereinafter entered into on the part of the said Y. Z., and in consideration of dollars paid to the said A. B. by the said Y. Z., the receipt whereof is acknowledged, the said A. B. doth hereby give and grant unto the said Y. Z., his executors, administrators and assigns, during all the residue of the term of by the said letters patent granted, and yet unexpired [and also during all such future term or terms, as may be hereafter granted, by way of any new patent, or renewal of the now subsisting patent or otherwise], full and free liberty, license, power and authority to make, vend or sell, either wholesale or retail, within [here specify the limits] the said invented and patented articles, and to receive to his and their own use all profits and advantages which shall or can be made by the making and selling of the said patented articles within the said limits, and that without any let, suit, trouble or hindrance of, from or by him, the said A. B., his executors or administrators, or any other person or persons claiming to hold and use such invention as aforesaid, from, by, under or in trust for him or them, by 'virtue of the said letters patent, or otherwise. And the said A. B., for himself, his executors, administrators and assigns, hereby covenants with the said Y. Z., his executors, administrators and assigns, that he, the said A. B., his executors, administrators and assigns, will not at any time during the residue of the said term, or any such future term, grant any license to any other person to make or vend the said articles within the aforesaid limits, without the special license and consent of the said Y. Z., his executors, administrators or assigns, in writing, under their hands, first had and obtained. And it is further agreed between the said parties, that in case any person shall infringe the said letters patent [within the said limits], the said Y. Z., his executors, administrators and assigns, may at his or their option, in the name of the said A. B., his executors, administrators and assigns, and for his and their benefit, commence, sue and prosecute all such suits or actions as shall be judged expedient, against any person or persons who shall make such infringement; and for this purpose, the said A. B. constitutes the said Y. Z., his executors, administrators and assigns, the lawful attorney irrevocable of the said A. B., at the costs and to the use of the said Y. Z., his executors, administrators and assigns, to commence and prosecute in the name of the said A. B. all such suits and actions as aforesaid. IN WITNESS [etc., as in Form 557]. 568. Contract Between Author and Publisher for Publication of a Book Upon a Copyright. MEMORANDUM of agreement måde this day of between A. B., of one thousand author, party of the eight hundred and first part, and Y. Z. & Co., of , publishers, parties of the second part. WHEREAS the party of the first part has in preparation a work entitled for the publication of which the parties are desirous to provide: Respecting Copyrights. IT IS AGREED by the parties hereto, contracting for themselves and their personal representatives and assigns, respectively, as follows: The party of the first part gives to the parties of the second part the exclusive right to publish, during the full term of the copyright thereof [each volume of] said work, and upon the following terms: The parties of the second part shall take out a copyright [upon each volume] of said work, in due form of law, in the name of the party of the first part, in the district of his residence, and deliver to him the certificate thereof, and receipts for the volumes required by law to be deposited, which copyright he shall hold subject to this contract. They shall deliver to him, free of cost, said work. copies [of each volume] of They shall publish said work in good style, as soon as practicable after receiving the manuscript, and in such manner as they shall deem most expedient, and shall keep the market at all times fully supplied therewith. They shall render to him, semi-annually, as soon as practicable after the day of and the day of in each year, an account of the number of copies [of each volume] of the work which they shall have sold during the six months preceding such day, accompanied by the certificate of the printer to the number printed [or, and shall exhibit to him, on request, their manufacturer's books, showing the number printed] during the same period; and they shall at the same time pay to him for copyright, for all copies sold by them as aforesaid, per cent. of the regular retail price. In case the parties of the second part fail to perform either of the conditions of this contract on their part, the right to publish the work shall revert to the party of the first part; and he shall then have the right of purchasing the plates [and engravings] then used in publishing the work, at a fair valuation. IN WITNESS [etc., as in Form 557]. 569. Contract for Sale of Manuscript and Copyright. MEMORANDUM of agreement made this A. B., of day of 18 between pub author, party of the first part, and Y. Z., of lisher, party of the second part, WITNESSETH: that said party of the first part, in consideration of the sum of dollars, agrees to sell, and does sell, to the party of the second part, the manuscript of a work entitled written and to be prepared for the press by him; and he, the said A. B., also agrees to examine and correct the proof-sheets thereof, as they shall be furnished to him from time to time during the printing or stereotyping thereof. The said Y. Z. and his personal representatives and assigns are to have the exclusive right to take out and own the copyright, and the renewals of the copyright thereof. And the said Y. Z., for himself, his personal representatives and assigns, agrees to pay the said A. B. in the manner following: dollars on the signing of this contract, dollars when the whole copy, including the index, shall be ready for the printer, and the balance when the proof-sheets shall have all been corrected and returned |