Name/Title
Indenture between William Wilson, contractor, Andrew Wilson Bell, James Rosamond, William Rosamond and George StephenEntry/Object ID
2013.57.117.a-jScope and Content
Agreement between William Wilson, contractor, Andrew Wilson Bell, James Rosamond, William Rosamond and George Stephen. Contract for the building of the Rosamond Woolen Company on the "tannery" grounds. 9 pages previously attached at top left corner.
Transcription of artifact is as follows:
[the following is written on page a]
This Indenture made the fourteenth day of May - in the year of our Lord one thousand eight hundred and sixty six
Between William Wilson of the Township of Ramsay in the county of Lanark and Province of Canada, Contractor, hereinafter called the contractor of the first part, and Andrew Wilson Bell of the Village of Douglas. County of Renfrew and said Province. Esq. James Rosamond of the Village of Almonte, Township of Ramsay. County of Lanark and said Province. Esq hereinafter called the sureties of the second part and Bennet Rosamond of Almonte, in the County of Lanark Province of Canada, Woolen Manufacturer William Rosamond of the same place, Woolen Manufacturer and George Stephen of the City of Montreal in the District of Montreal and Province aforesaid. Merchant, doing business under the name of B&W Rosamond &Co at Almonte aforesaid, hereinafter called the Company of the third part
Whereas the said company are possessed of a piece of ground situate in the said Village of Almonte. Known as the Tannery Property. Which is more particularly described in a Deed thereof from one James Rosamond to the said Company, upon which they are desirous of erecting a building to be used as a Woolen Factory according to the elevations, Plans and specifications prepared by Andrew Bell Architect and under the direction and to the satisfaction of the said Andrew Bell or other architect of the said Company for the time being which said elevations and plans are marked as follows
No 1. Front and end elevations of building
No 2. Plan of basement story
No 3. Plan of finishing Room Flat
No 4. Plan of Weaving Room Flat
[the following is written on page b]
No 5 Plan of First Spinning Room flat
No 6. Plan of Carding room flat
No 7. Plan of Second Spinning Room flat
No 8. Longitudinal and cross sections of building and details and are signed by all the parties to this agreement and also by the attesting witness hereto and the said specification is contained in the Schedule hereunder written or hereunto annexed
And whereas, the said contractor has proposed to contract with the said Company to erect and complete the said building and to make and execute all other works mentioned and specified in the said elevations plan and specifications within the time hereinafter limited for that purpose to the satisfaction of the said Architect or the Architect for the time being of the said Company, and to use the best materials of every quality for every species of work, at and for the prices following, that is to say:- to complete the building in every respect for the sum of Twenty six thousand five hundred dollars with the exception of the following works which are to be paid as follows, that is to say:-
For all earth excavations fifteen cents per cubic yard
For all loose rock excavations fifteen cents per cubic yard.
For all solid rock excavations one dollar per cubic yard.
For masonry in all walls below
Bottom of sleepers of basement story
Which is shown and distinguished on
Plan no. 8. } Three and one half dollars per cubic yard-
With power for such architect as may be appointed by the said Company to reject all or any of the materials which shall not be of the best quality; and the said contractor is also willing to take down and remove all imperfect workmanship performed by them, which proposal the said Company have agreed to accept on the said contractor and the said Andrew William Bell and James Rosamond
[the following is written on page c]
As his sureties entering into the agreement hereinafter contained
Now This Indenture Witnesseth, that in consideration of the payments to be made by the said Company as hereinafter mentioned and also in consideration of the covenants hereinafter contained on the part of the said company, they the said Contractor and Sureties do hereby for themselves, their hers executors and administrators covenant and agree with the said company in manner following, that is to say: that he the said Contractor, his executors or administrators shall and will well and substantially and in the best and most workmanlike manner with the best materials of their respective kinds, to the satisfaction of the said Architect or the Architect for the time being of the said Company, and of such person or persons as may be appointed to superintend the said building and works on behalf of the said Company (and in case of dispute as to the quality of the materials or workmanship, the contractor his executors, or administrators are to be formed by the decision of the said architect) erect and complete the said building according to the said elevations, plans and specifications and that the said Contractors shall and will at his own costs provide all kinds of labour, stones, bricks, timber, lumber, buildings, waggons, carts, barrows, horses, planks, scaffolding, centering, tools, cordage, bolts, hinges, weights, springs, ironworks, and other proper and necessary materials, implements and machinery respectively described in or referred to or implied in the said elevations plan and specification: or which shall be required for the due execution, construction or completion of all or any of the works, hereby undertaken to be executed constructed or made. And that the said Contractor shall and will abide by, perform and fulfill all the requisitions, conditions, directions or instructions contained in the said specifications, elevatures [spelling uncertain] and plans, or that may be reasonably inferred therefrom.
[the following is written on page d]
And further, that in case the said Company shall think pwper [word uncertain] to deviate in any respect from the specification of the work contracted for, or to cause any additions, deductions or alterations, in or to the works the same Shall not dacote [spelling uncertain] or impeach this contract nor shall the said Contractor be permitted to make any additions, missions, or deviations in the work described in the specification and as shown in the Elevations and plans herein and therein referred to, without an order in writing signed by the said Company or by one of the members of said company, and the value of any such additions, missions, or deviations shall be estimated by the architect whose decision shall be final, and the amount thereof shall be added to or be deducted from the amount of this contract as the case may require, and further that all accounts of extra work shall be given to the architect for the time being of the said Company within thirty days of the time when the said work shall have been executed otherwise the said contractors shall forfeit his claim to any sum of money which he might otherwise be entitled to, on account of such extra works.
And further that the said elevations plans and specifications shall be taken together to explain each other and shall also be taken as part of this agreement, and if in the execution of extra work, it shall be formed that anything has been omitted or misstated either in the plans or specifications which is necessary for the proper performance and completion of any plans or parts of the said works the said contractor shall at his own expense execute the same as though it had been more particularly described, and provide whatever may be necessary to complete the whole in the best and most workmanlike manner according to the true intent and meaning of the said plans and specification; and further that in case the figured dimensions on the drawings shall
[the following is written on page e]
Shall disagree with the sealing or in case there shall be any discrepancy between the plans and specification or any ambiguity between them such occurrence shall not invalidate this contract, but the same shall be rectified by the Architect for the time being of the said company if thought requisite, and that the written dimensions on the drawings shall be taken in all cases in preference to the scale attached, and all drawings to a large scale, shall be taken in preference to those to a small scale, and that anything contained either in the x drawings or specification, shall be equally binding on the contractor, as if it had been in both - And further that the said contractor shall and will at all times during the progress of the said works either personally superintend and direct the same or provide and employ constantly upon the works competent and responsible persons as foremen, to superintend the same to whom application may be made and directions given on all matters hereby contracted for; The said architect shall have power to discharge or order to be discharged from the said works any person or persons in the employ of the said contractor whom he may consider incompetent to his or their work or as having conducted himself or themselves improperly either by disobedience of orders, intemperance, disorderly conduct or otherwise. And also that the said contractor shall and will perform all his covenants and engagements and execute all the works herein contracted to be executed under the immediate inspection and control of the said Architect for the time being of the said company and to his satisfaction. And further that all materials timber, lumber, waggons, carts barrows, horses, planks, scaffoldings and other materials
[the following is written on page f]
Materials implements and machinery, brought or left by or by the order or on account of the said contractor, on or near the site of the said works or any of them to be done under this contract, for the purpose of being used or employed in and about the same, or such of the said materials implements and machinery as shall not be returned or removed under the order of the said Architect for the time being according to the provision herein in that behalf contained shall from the time of this being so brought and left as aforesaid, become and be considered as the property of or belonging to the said company subject to the purposes of the works for which they shall be so brought or left, and to such x agreements respectively the same, as are hereinafter contained for the benefit of the said contractor, and the same shall on no account be taken away by the said contractor or any other person or persons whomsoever or used or disposed of by him or them except for the purposes of said works, without the special licence and consent of the architect for the time being of the said company to be given in writing under his hand, but the said company shall not be answerable for any loss or damages of or to the said materials implements and machinery by theft, accident or injury by x weather or otherwise howsoever, provided always that upon completion of the works hereby contracted to be done, such completion to be certified as hereinafter mentioned, and upon payment by the said contractor of all such moneys, if any, as shall be due from him to the said company under any of the covenants herein contained and on the full performance of the said covenants such of the said.
[the following is written on page g]
(7)
Said materials implements and machinery as shall not have been used or converted in the said works and shall remain undisposed of in the possession or custody of the said company shall be delivered up or relinquished by them to the said contractor upon the condition of his removing the same immediately thereupon at his costs, from the premises of the said company which he shall be at liberty to do
And further that in case of any materials, not corresponding with the said specification shall at any time or times be brought to the intended works as to any pert thereof it shall be lawful for the Architect for the time being of the said company to require the said contractor to remove the same from off the said company’s premises, and to provide sound proper and suitable materials in accordance with the said specification and to the satisfaction of the said Architect and in case any part of the works shall have been executed in an improper manner as regards workmanship or materials, not in accordance with the said elevations plans, and specifications or in the instructions given by the said Architect; it shall be lawful for the said Architect to require the said contractor to take down and remove such part or parts of the said works so improperly executed and to reexecute the same in a good, sound, and workmanlike manner agreeably to the said plans and specifications
And further that if the said Architect or other Architect as aforesaid shall at any time consider the number of workmen implements, or materials respectively employed or provided by the said contractor, in, upon, or for the purposes of the said works to be insufficient for the due advancement thereof towards completion of the same as hereinafter is mentioned or that the said several works are not progressing with due diligence or dispatch, then and in every such case, it shall be lawful for the said Architect by written notice or notices under his hand, to be delivered to the said contractor or his foreman or foreman, or any or either of them of left at the usual or last known
[the following is written on page h]
(8)
Known place or places of abode or business in Upper Canada of the said contractor to require the said contractor to provide such an additional number of of workmen and such additional implements or materials as such Architect may think necessary or expedient to be kept or employed, or provided for the purpose aforesaid either until the completion of all or any of the said works or for a limited period, as by such written notice or notices shall be required; and in case the said contractor shall not thereupon or within a reasonable period, as may be required by any such notice or notices in all respect comply with the same, then and in every such case, it shall be lawful for the said company or either of them on account, or at the costs of the said contractor, to provide and employ such additional workmen for such time and to purchase and provide such additional implements and materials respectively, as shall have been required in and by such notice or notices, as aforesaid, and to pay such additional workmen such wages and for such additional implements and materials respectively, such prices as the said company or their Architect may think proper all which which wages and prices respectively, if paid by the said company shall be thereupon repaid to them by the said contractor or the said company shall be at liberty to retain or deduct the same out of any moneys which shall then be due, or shall thereafter become due, from them to the said contractor, by virtue of these presents or otherwise and the said company shall afterwards be at liberty to use in the execution or advancement of the said works not only the implements and materials provided by them as aforesaid but also any implements and materials provided by the said contractor
And further that the said works shall be commenced within two days after the signing of this contract by the parties hereto and that the said contractor shall diligently prosecute the same so that the whole of the said works hereby
[the following is written on page I]
(9)
Hereby contracted for shall be completed and the terms of this contract and the said specification shall be well and truly fulfilled and complied with within the time following that is to say - The said building hereby contracted to be erected to be completely finished, made and executed with the exception of the plastering, painting and whitewashing of the inside walls of the said building on or before the first day of November now next and the whole building, works, plastering, painting and whitewashing to be well and sufficiently done made executed and finished on or before the first day of December now next ensuing
And further that if the said contractor shall not so well and sufficiently do make execute and finish the said building according to this contract and the said elevations plans and specifications on or before the said first day of December now next ensuing they the said contractors and Andrew Willson Bell and James Rosamond his surities shall pay to the said company the sum of one hundred Dollars for every day during which the said building shall remain unfinished after the said first day of December next which sums may be recovered as liquidated damages or may be deducted from the sums payable to the said contractor under this contract. Provided always that if the said company shall think proper they may employ to work in and about the said building millwrights, steamfitters or plumbers before the completion of the building hereby contracted for and they shall be allowed free access to all parts of the building for the purposes of carrying on said last mentioned work,
And this Indenture further witnesseth that in consideration of the premises and of the covenants herein contained on the part of the said contractor the said company, do hereby covenant and agree to an with the said contractor that they shall and will pay to the said contractor for and in respect of the building and work hereinbefore contracted and the materials and articles to be provided and used to be done, made and executed by him as aforesaid subject to the
[the following is written on page j]
(10)
To the proviso hereinafter mentioned, at the times and in the manner hereinafter stated, that is to say for the completion of the building in every respect the sum of Twenty six thousand five hundred Dollars besides the following the works which are to be paid for as follows
For all earth excavations at fifteen cents per cubic yard
For all loose rock excavations at fifteen cents per cubic yard
For all solid rock excavations at one dollar per cubic yard
For all masonry in all walls below bottom of sleepers of basement story which is shown and distinguished on Plan No 8 at three and a half dollars per cubic yard- And further that the said company shall and will as the work progresses make payments to the said contractor semi monthly within five days after a certificate of the value of the work done by said contractor during the preceding half month shall be made and signed by the said Architect who shall on the first and fifteenth day of every month give to the said contractor if required by him such certificate of the value of the work done by him during the preceding half month in the proportion of eighty five dollars for every one hundred dollars mentioned in such certificate: and shall and will pay the balance which may remain due to the said contractor on completion by him of the said building and works within thirty days next after the said Architect shall have certified in writing under his hand that the said building and works herein contracted for have been completed and finished by the said Contractor in accordance with this contract, which said last mentioned certificate the said Architect is hereby required to give
Provided always that no works hereby contracted to be executed or any part thereof shall be deemed to have been executed nor shall the said contractor be entitled to pay for the same, unless the same shall have been executed to the satisfaction of the said Architect and shall have
[end of document]Collection
Rosamond Woolen Company CollectionCataloged By
Gervais, SarahLexicon
Nomenclature 4.0
Nomenclature Secondary Object Term
LetterNomenclature Primary Object Term
CorrespondenceNomenclature Sub-Class
Other DocumentsNomenclature Class
Documentary ObjectsNomenclature Category
Category 08: Communication ObjectsArchive Details
Date(s) of Creation
May 14, 1866Location
Location
Container
Box 5Shelf
Shelf 19Room
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Location
Container
Archive Box 1, 2, 2Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
MacMillan, LindsayDate
December 2, 2020Location
Container
Box 1Shelf
Shelf 11, Shelf 11Room
Collections RoomBuilding
M.V.T.M.Category
PermanentMoved By
Whit, ElizabethDate
July 1, 2017Relationships
Related Person or Organization
Person or Organization
Bell, AndrewPerson or Organization
Rosamond, JamesPerson or Organization
Rosamond, WilliamPerson or Organization
Wilson, WilliamPerson or Organization
Stephen, GeorgeGeneral Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-12-02Created By
admin@catalogit.appCreate Date
May 28, 2015Updated By
admin@catalogit.appUpdate Date
November 12, 2023
