PRECEDENT FOR USE OF distrained, seized, attached, or taken in execution, or may be damaged or destroyed; and shall not distrain or take the said machines and chattels or any of them for rent in arrear for the steam power supplied to the said C. D. as aforesaid or otherwise, and shall at any time or times allow the said machines and chattels to be removed from the said factory without notice and without any charge whatever, either by the said A. B. or by any purchaser or purchasers thereof other than the said C. D. As WITNESS, &c. XXVI. PRECEDENT AGREEMENT between an AUTHOR, an EDITOR, and a XXVI. FOR COMPILING AND PUBLISHING A BOOK. 1. Parties. 2. Agree to edit and publish a new edition. 3. Of what the work shall consist. PUBLISHER, for EDITING and PUBLISHING a NEW AN AGREEMENT, made, &c., BETWEEN A. B., of, &c. 1. The said A. B. and C. D. shall compile and edit, and the said E. F. shall print and publish, a second edition of the work entitled with practical introduction and notes, to be contained in not less than more than volumes, octavo, of the size and general appearance of the first edition of the said work. -nor 2. The said work shall comprise as much of the Prefaces, Introduction, Text, and Notes of the first edi (a) Some account of the law of copyright is given infra, in the notes to a mortgage of copyright; and an agreement between an author and publisher, carefully drawn and containing special stipulations, will be found in Sweet v. Cater, 11 Sim. 572. tion thereof, and such alterations and additional matter, as the said A. B. and C. D. shall think fit. PRECEDENT AND PUBLISHING 4. How it is to and edited. 3. It is intended that the said work shall be compiled FOR COMPILING and edited by the said C. D., by the advice and under the direction of the said A. B.; and that the said A. B. shall not only exercise a general superintendence and control be compiled over the compilation and publication thereof, but shall specially afford the said C. D. assistance in preparing the introduction and the matter for the notes; and that the said C. D., in addition to compiling and editing the said work, shall prepare it for publication and correct the letter-press thereof; but the said A. B. and C. D. may make any alterations they may mutually agree on as to these arrangements. 4. The types for the Introduction, Texts, and Notes respectively of this work shall be those generally used for similar matters respectively in the first edition thereof; and the said E. F. shall print and publish not more than copies of any one edition (b). 5. The said E. F. shall bear the whole expense and risk of the paper and printing of the said work and of the publication thereof and otherwise, and shall purchase of the said A. B. and C. D. the copyright of the said work at the price of guineas a sheet for the said second edition thereof, and guineas a sheet for each subsequent edition which may be published during the continuance of the copyright of the said work; whereof, in each case guineas a sheet shall be paid by the said E. F. to the said A. B. in consideration of his existing interest in the said first edition, and of his superintend 5. As to type and copies to be printed. 6. Publisher to bear expense and risk, and buy copyright. (b) If an author assigns his copyright to a publisher for a limited term, the publisher may after the term sell all the copies of the work remaining in his hands, though of course he may not print fresh copies Howitt v. Hall, 10 W. R. 382. Accounts between an author and his publisher may be taken at law or in equity, but in simple cases the Court of Chancery will not assume jurisdiction or interfere with an action to recover a balance of account: Barry v. Stevens, 31 L. J., N. S., Ch. 785. ing the compilation and editing of this work, and guineas a sheet shall be paid by the said E. F. to the said C. D. in consideration of his compiling and editing the said work and preparing it for publication. 6. The said price for the copyright of each volume of every edition shall be paid by the said E. F. to the said A. B. and C. D. respectively by two instalments, one-half thereof at the end of calendar months from the day of publication of each volume, and the other half thereof at the end of calendar months from such day of publication, and shall be secured by the acceptances of the said E. F., given on such day of publication. 7. Each of them the said A. B. and C. D. shall also be entitled to copies of the said work for his own disposal. PRECEDENT BUILDER'S CONTRACT WITH A LANDOWNER, 1. Parties. 2. Agree to build a terrace. XXVII. CONTRACT between a BUILDER and a LANDOWNER, for the Erection of HOUSES according to Specifications and a Schedule of Prices. AN AGREEMENT, made, &c., BETWEEN A. B., of, &c., builder of the one part; and C. D., of, &c., of the other part. 1. The said A. B. will, at his own expense, build and completely finish for the said C. D., at, and on such site there as shall be pointed out by the architect for the time being of the said C. D., a terrace consisting of houses, according to the plans, elevations, sections, and specification which have been prepared for the same, and the schedule of prices which has been delivered by the said A. B., and which have been signed by the said A. B. and C. D., and such explanations and directions as the architect shall give for the purposes of the works. 2. Until the said C. D. otherwise determines, E. F., of, &c., shall be his architect for the purposes of this contract. PRECEDENT BUILDER'S CONTRACT WITH A LANDOWNER. 3. Appointment 3. No deviation from the plans, elevations, sections, or specification, and no extra or additional work shall be begun until after the said A. B. shall have received from of architect. the architect authority in writing under his hand, for the 4. Deviations same; and if begun without such authority, shall be considered as done gratuitously and solely for the satisfac tion of the said A. B. 4. If the works be not completed by the time fixed by the specification, then, for every week's delay after that time in the completion thereof, the said A. B. will, on demand, pay to the said C. D., as and for liquidated damages, the sum of £, and so in proportion for any such delay being of less than one week. 5. The said A. B. will personally superintend the execution of the works, and will not employ any sub contractor for the execution of the same or any part thereof, without the previous authority in writing of the architect. as ? and extra work. 5. Penalty for delay in completion. 6. Builder to superintend work personally. how to be made. 6. The said C. D. will, according to this contract, pay 7. Payment, to the said A. B. for the works the sum of £follows (that is to say), when, and not before, the archi tect shall have certified (a) that one-fourth of the work has been done, then such a sum as he shall have certified to be three-fourths of the contract value of the work done; and when, and not before, he shall have certified that one-half of the work has been done, then such a sum as he shall have certified to be three-fourths of the contract value of the work done and not referred to in his former certificate; and when, and not before, he (a) This stipulation renders the obtaining of the architect's certificate a condition precedent to entitle the builder to recover the value of the work done: Milner v. Field, 5 Exch. 829; Glenn v. Leith, 1 Com. Law Rep. 569; Scott v. Corporation of Liverpool, 1 Giff. 216: 3 De G. & J. 334. See further on this point infra, Precedent XXX., p. 158, n. (a). PRECEDENT BUILDER'S CONTRACT WITH A LANDOWNER. 8. Architect to value deviations and extra work, 9. and only to certify for work done to his satisfaction. 10. Architect to settle all disputes. 11. Custody of plans, &c. shall have certified that three-fourths of the work have been done, then such a sum as he shall have certified to be three-fourths of the contract value of the work done, and not referred to in either of his former certificates; and when and not before he shall have certified that the works have been completed, then such a sum as he shall have certified to be three-fourths of the contract value of the work done and not referred to in any of his former certificates; and at the expiration of three calendar months from the completion of the works such a sum as he shall certify to be the balance then payable to the said A. B. according to this contract. 7. The architect shall, in making such certificates, take into consideration any deviation, or extra or additional work done in accordance with this contract, and any liquidated damages and other sums to be paid or borne by the said A. B., and shall charge or allow for the same accordingly; and all such damages and sums may be retained by the said C. D. out of the said sum of £ 8. The architect shall not give any such certificate in respect of any work not done in all respects to his entire satisfaction, nor while the said A. B. fails to comply with any of his directions, or makes any delay in his opinion needless in proceeding with the works. 9. In case and as often as any question shall arise concerning the plans, elevations, sections, specifications, or schedule of prices, or this contract, it shall be determined by the architect alone; and his certificate thereon, and every other certificate given by him as herein before expressed, being respectively under his hand, shall be final and conclusive on all parties concerned, except only that by his final certificate he may correct any error in any former certificate. 10. Until the contract shall be performed, the architect shall have the custody of the plans, elevations, sections, specifications, and schedule of prices, and of this contract, on behalf of all parties concerned, and when the contract shall have been performed shall deliver the same to the said C. D. |