Chap. VIII.
457
the time of making his tender, and to be approved by the principal engineer, and in caseany works or materials shall be included in any alteration or variation, the price of whichis not mentioned in the said scale of prices, or cannot be determined according thereto,then the value thereof shall be estimated by the principal engineer at a fair and reasonableprice.
“ In case any day work shall be required by every such alteration or variation as is not pro-vided for by the said specification or the said scale of prices, the contractor is to deliver inevery week to the principal engineer, or the resident engineer acting under bis direction, anaccount of such day work as shall have been performed on account thereof; and in case anyday work shall have been done of which such account shall not be delivered in within oneweek after the same shall have been performed, the contractor shall not be entitled to anypayment or compensation in respect thereof.
“ If any materials provided to be used in or about the works shall not be approved of bythe principal engineer, or the resident engineer acting under his direction, previous to theirbeing brought into use, he shall be at liberty to reject the same, and if the contractor, hisexecutors or administrators, shall not, within twenty-four hours next after notice of such rejec-tion shall have been given or left at his usual or last place of residence, or with his foreman orclerk of the works, clear away and remove the same, it shall be lawful for the principalengineer, or the resident engineer acting under his direction, to order the same to be cartedto the city greenyard, and forthwith to sell the same, and out of the money arising from suchsale to pay all expenses occasioned by such removal and sale, and to pay the surplus only(if any) to the contractor.
“ In case the principal engineer, or the resident engineer acting under his direction, shalldisapprove of the workmanship or execution of any parts or part of the works, the same shallbe immediately taken down and re-executed, or altered to his satisfaction, and in case thecontractor shall not within three days after notice in writing of such disapprobation shallhave been given to him, or left at his usual or last place of abode, or with his foreman orclerk of the w'orks, proceed to take down, alter, amend, or rectify such disapproved part ofthe works, then it shall be lawful for the principal engineer, or the resident engineer actingunder his direction, to employ other workmen to take down and amend and rectify thesame, and that the contractor shall permit the mayor and commonalty and citizens of thecity of London , or the committee, to retain out of the money which may be due to thecontractor on account of the works, the amount of the bills of such other workmen, for andin respect of their work, labour, and materials which may have been done, performed, and usedin and about the rectifying or amending such part of the works; and in case the monies dueon account of the works shall not be sufficient to satisfy the bills of the said other workmen,then the contractor shall, on demand, pay unto the said mayor and commonalty andcitizens, or their successors, or to the said committee, so much of the amount of the bills asthe said monies shall be insufficient to satisfy.
“ In case the contractor shall refuse or neglect to perform the works, or any of them, inmanner hereinbefore described, or in the specification mentioned, or to obey and complywith any orders or directions to be given by the principal engineer, or the resident engineeracting under his directions, or in case at any time during the progress of the said worksthere shall appear to the principal engineer to be any unnecessary delay in the carrying onof the works, or any part thereof, either by not employing sufficient number of workmen, orotherwise howsoever, or in case any of the works shall not be performed to the satisfactionof the said principal engineer, or shall not be finished within the time hereinbefore men-tioned for completing the same, or in case the said contractor shall depart this life beforethe said works shall be fully completed, then, and in any such case, it shall be lawful forthe said committee, if they shall think proper, any time before the said works shall be com-pleted, by any writing signed by their clerk, to be given to the contractor, his executors andadministrators, or left at his or their usual place of residence, to revoke and make the con-tract void, and every clause, matter, or thing therein contained, so far as relates to thesubsequent part of the works, and the same shall be thereon null and void; and in case suchdeclaration as last aforesaid shall be made during the progress of the works, that only partof the money to be paid to the contractor shall be paid in respect of such part of the workswhich shall have been executed, as shall be estimated by the principal engineer to be thevalue of such part according to the scale of prices before mentioned, and in consequenceof any omission in the scale of prices, any part of the works cannot be estimated thereby,the value of such part thereof shall be determined according to the judgment of theprincipal engineer.
“ In case the said committee, in pursuance of the powers before given them, shall make thecontract void, the contractor, his executors or administrators, shall not remove or be entitledto remove or take away any of the dams or engines made or erected and placed in or uponor near to the works for the purposes thereof, or any of the materials found or provided forcarrying on the same, until the principal engineer, or the resident engineer acting under hisdirection, shall permit the same to be removed, but the value of such materials, and of the