19. INCOMPETENT WORKMEN.

If any workman employed by the contractor shall appear to the engineer to be incompetent, he shall, upon request of the engineer, be immediately discharged from the works, and shall not again be employed upon them.

20.-ORDER.

Whenever the contractor is not present upon any part of the work when it may be necessary to give orders or directions, such orders or directions may be given by the engineer or his assistants, and such orders and directions shall be received and obeyed by the superintendent or foreman of the particular work in which the directions are given.

21.-EXPLANATIONS AND CORRECTIONS.

The engineer shall decide as to the meaning and intent of any and all portions of these specifications, and he shall have the right to correct any error or omissions, when such correction is necessary for the proper fulfillment of their intention, the action of such correction to date from the time when the engineer gives notice thereof; and said engineer shall decide upon all matters of dispute between the contracting parties, and his decision, when in writing, shall be final.

22.-ENGINEER.

Whenever the word "Engineer " is used herein it shall be understood to refer to the engineer of the Rochester Aqueduct and Water Company, and his authorized agents, limited by the particular duties intrusted to them.

23.-CONTRACTOR.

Whenever the word "Contractor" is used herein it shall be understood to refer to the party, or parties, who have entered into the contract to perform the work to be done under these specifications, or the legal representative of such party.

24. CONDITION OF COMPLETED WORK.

After the work is completed, the pipes, gates, and gate chamber and house shall be carefully swept and cleaned and left in a neat and smooth condition. And it is further agreed that the work shall be commenced and carried on in such a manner, and at such times, as may from time to time be directed by the engineer.

And the said party of the second part hereby further agree that said party of the first part shall be and is hereby authorized to retain out of the money payable to said party of the second part, under the agreement, twenty per cent on the amount of the contract, and to expend in the manner hereinafter provided for in making such repairs of the work as the engineer may deem necessary. And it is further agreed that if at any time during six months of the date of the final completion of the work contemplated in this contract, any part of said work shall, in the opinion of the engineer, require repairing, and the engineer shall

notify said party of the second part, in person or by mail, to make such repairs so required, and if said party of the second part shall neglect to commence to make such repairs to the satisfaction of the engineer within three days from the date of the service of said notice, then the said engineer shall have the right to employ such person or persons as he may deem proper to make the same, and said party of the first part shall pay the expense thereof out of the sum retained for that purpose by the party of the first part, as before mentioned.

And the said party of the first part hereby agree, upon the expiration of the said period of six months, provided that the work shall at that time be in good order, that the said party of the second part shall be entitled to receive such part of the sum last aforesaid mentioned as may remain after the expense of making such repairs, in the manner aforesaid, shall have been paid therefrom. The said party of the second part further agree that attention to the fulfillment of this contract, and thataforesaid work, but will keep the same under will not assign by power of attorney or otherwise, any portion of said work, unless by and with the consent of said Rochester Aqueduct and Water Company, such consent to be signified by indorsement on this agreement.

will give personal

I will not sublet the contract, and that

And the said party of the second part further agree that if the work to be done under this agreement shall be abandoned, or if the contract shall be assigned by the party of the second part otherwise than as herein specified, or if at any time the engineer shall be of the opinion, and shall so certify in writing to the said Rochester Aqueduct and Water Company, that the said work or any part thereof is unnecessarily or unreasonably delayed, or the said party of the second part are willfully violating any of the conditions or covenants of this contract, or are executing said contract in bad faith, the said Rochester Aqueduct and Water Company shall have the power to notify the aforesaid party of the second part to discontinue all work, or any part thereof, under this contract, and thereupon the said party of the second part shall discontinue said work or such part as the said Rochester Aqueduct and Water Company may designate; and the said Rochester Aqueduct and Water Company shall thereupon have the power to employ such or as many persons, and to obtain by purchase or hire such animals, carts, wagons, implements, and tools as the engineer may deem necessary or advisable, to work and to be used to complete the work herein described, or such part thereof as the engineer may necessary, and to use such materials as they may find upon the location of said work, and to procure other materials for the completion of the same, and to charge the expense of said labor, materials, animals, carts, wagons, implements, and tools to the party of the second part, and the expense so charged shall be deducted and paid by the party of the first part out of such money as may be either due or may become due at any time thereafter, to the said party of the second part under and by virtue of this agreement or any part thereof; and in case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the party of the second part, the said party of the second part shall be entitled to the difference, and in case

deem

the expense shall exceed the last said sum, then the party of the second part shall pay the amount of such excess to the party of the first part.

The said party of the second part further agree that will indemnify and save harmless said Rochester Aqueduct and Water Company from all claims, demands, suits, and actions of every name and description, for or on account of any damages received or sustained by any party or parties, in their persons or property by or from the party of the second part, servants or agents, in the construction of the said work, or by or in consequence of any improper materials used in its construction, or by or in consequence of any negligence in grading the same, or by or in consequence of any act or omission of the said party of the second part, or — servants or agents, and at — own proper cost and expense defend any and all such suits and actions, and will execute a bond in such sum and such sureties as shall be approved by the said Rochester Aqueduct and Water Company, conditioned to indemnify and save the said company harmless, as aforesaid; and for the faithful performance of this contract by the party of the second part, the said party of the second part hereby agrees that so much of the money due to under and by virtue of this agreement, as shall be considered necessary by said company, be retained by the said party of the first part until all such suits and claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of said company.

And the said party of the second part further agrees that the engineer of the said Rochester Aqueduct and Water Company may make alterations in the lines, grades, forms, or dimensions of the work either before or after the commencement thereof. If such alterations diminish the quantity of the work to be done, they shall not constitute a claim for damages or for anticipated profits on the work that may be dispensed with; if they increase the amount of the work, such increase shall be paid for according to the quantity actually done, and at the price established for such work under this contract.

No claim shall be made for extra work unless the same shall be done in pursuance of a written order from the engineer; all claims for extra work, not made and presented to the said Rochester Aqueduct and Water Company in writing before the next succeeding estimate after the work was performed, shall be considered as abandoned by the contractor.

And the said party of the second part hereby agrees to receive the following price as full compensation for furnishing all materials not found on the ground, except pipes, special castings, and gates, and for all labor in moving material and executing all work contemplated in this contract; also all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same; also for any expense incurred in consequence of any suspension or discontinuance of said work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications and the requirements of the engineer under them, to wit:

1. For all excavation of or foundation in rock, including disposing of

materials in spoil-banks, the sum of

2. For all earthwork, the sum of

per cubic feet in excavation.

per cubic yard in excavation.

3. For soiling top and outer slope, the sum of — per cubic yard, in place. 4. For concrete masonry laid as required, including the furnishing of all materials, the sum of per cubic yard.

5. For all brick masonry laid in hydraulic cement, including all materials and tools, the sum of per cubic yard.

6. For hauling and setting in place all pipes, gates, and other fixtures for the screen and gate chamber, the sum of

7. For all riprap on the water-slope, the sum of

per cubic yard.

8. For all stone masonry of the gate-chamber, laid in hydraulic cement, as specified, including all material, the sum of

per cubic yard.

9. For the core wall laid in hydraulic cement, as specified, including the furnishing of all tools, forms, and materials, the sum of

per cubic yard.

10. For all windows, doors, and other woodwork, and putting the same in place, the sum of

II. For furnishing and securing in place all wrought-iron work, the sum of per pound.

12. For clearing and grubbing the sites for embankments, the sum of per cubic yard.

13. For all paving, the sum of

per square yard.

And it is further agreed by the parties that the engineer of the Rochester Aqueduct and Water Company shall make monthly estimates of the work as it progresses, and payments for the same shall be made of eighty per cent only of the amount of such monthly estimates.

And the said party of the second part hereby further agree that shall not be entitled to demand or receive payment of any portion of said work or material except in the manner set forth in this agreement, and until each and all the stipulations herein before mentioned are complied with, and the engineer shall have given the certificate to that effect, whereupon the party of the first part will, at the expiration of forty days after the completion and delivery of such certificate, pay and hereby binds itself to pay to said party of the second part under this contract, excepting such sum or sums as may be lawfully retained under any of the provisions of this contract herein before set forth; provided, that there is nothing herein contained to affect the right hereby reserved by the said Rochester Aqueduct and Water Company to reject the whole or any portion of said work, should said certificate be found or known to be inconsistent with the terms of this agreement, or otherwise improperly given.

In witness whereof, the said Rochester Aqueduct and Water Company has caused its seal to be affixed, and these presents to be signed by

the

thereunto duly authorized, and the said ha— hands and seals the day and year first above written.

hereunto set

Signed and sealed in the presence of

TYPHOID FEVER

IN AN UNSANITARY LOCALITY IN FRANKLIN, N. H.

BY C. B. NICHOLS, M. D.

For the benefit of those who believe in the germ theory of typhoid fever, and for the study of those who do not, I wish to present the history of an epidemic of typhoid fever, which occurred in Franklin during the months of August, September, and October, 1885. The accompanying plate, showing a large portion of the area embraced by the epidemic, is inserted, believing that a sanitary description of this locality will go far toward proving the existence of a contagium vivium as a direct cause of the epidemic, and by so doing encourage the members of the medical profession throughout the state to bring their influence to bear upon the town authorities of their respective localities, to introduce a proper system of drainage and a sufficient quantity of sanitary water. It is a conceded fact that foulness of any kind, whether in air, water, or food, is a promoter of typhoid fever. Every physician is familiar with the oft-repeated history given by Dr. Flint in regard to the epidemic in the town of New Boston, New York.

The history of the epidemic in Franklin points in no uncertain manner, and in no less direct way, toward the unsanitary condition of this locality as being the exciting cause of this epidemic, than does that of Dr. Flint toward the well in New Boston.

This locality embraces what was formerly known as the "Flat,” being originally an old alder swamp, receiving the drainage from the sidehill, which rises to the height of about 100 feet, the rise