Articles of Agreement Entered into this fourteenth day of July one thousand eight hundred and thirty one by and between Job, Wells & Abraham Walrath.
of the one part, and the Delaware and Raritan Canal Company by their President, of the other part, whereby it is covenanted and agreed as follows, to wit:
The said Job, Wells & Abraham Walrath-
covenant and agree to furnish all the materials except cement & timber for foundation perform all the labor necessary to construct and finish in the most substantia and workmanlike manner the Aqueduct over Millstone River [space] Delaware and Raritan Canal to be in every respect according to the specification hereunto annexed, which is to be considered as part of this contract.
And the said works during their progress shall be carefully examined and inspected; and to prevent all disputes and misunderstandings, it is agreed that Canvass White, Engineer-in-chief, or some other competent Engineer, to be selected, by the said President, shall be the inspector of said works, and shall estimate the number of cubic yards of excavation & puddling- carpenter work- mason work- and also all other work done, and his estimate shall be final and conclusive between the said parties.
And the said, Job, Wells & Abraham Walrath-
further promise and agree that if in the opinion of the said Engineer they should refuse or unreasonably neglect to prosecute the work or violate any of the stipulations of this contract, the said Engineer shall have power to determine this contract void and of no effect; and such determination shall exonerate the Company from every obligation imposed upon them by this contract; and they may immediately proceed to dispose of the whole or any part of the work in the same manner as if this contract has never existed; and to avoid disputes as well as interruption and hindrance to the regular peaceable progress of the different parts of the work, and to prevent unnecessary unjury to the rights and property of the neighbors in the vicinity of the Canal, the Engineer shall dismiss from the service of the Company every quarrelsome disorderly person; and such as shall be addicted to habits of intemperance, or who shall wantonly commit any unnecessary trespass, either upon the person, land, or other property of the citizens, living, traveling or working upon or near the works of the said Canal [space] and every contractor shall dismiss all similar persons employed under hims whenever directed by the Engineer,
And further, if at any time any overseer, mechanic or workman, employed on said work, shall be found unfaithful, or believed to be so by the Engineer of said Company, then and in that case, the said Engineer shall have power to direct that any such person be forthwith dismissed, and no longer employed by the said Contractor on any part of the work.
And the said Job, Wells & Abraham Walrath -
further promise and agree that if any bad or imperfect materials are brought upon the ground or put in the work and disapproved of by the Engineer, they shall be forthwith removed to such distance from the work as shall be directed, and if not attended to immediately by said Contractor said materials shall be removed at their expense by the direction of the Engineer.
And the said Job, Wells & Abraham Walrath-
further promise and agree that they will, from time to time, during the progress of the work, conform to such deviations from the present plans and specification of any part of the work as the Engineer may direct; and if to the disadvantage of the said Contractor, a reasonable allowance shall be made; and if to his advantage, such deduction from the price stipulated in the contract as the Engineer may deem just and equitable; and do hereby further promise and agree that they will not give or sell any ardent spirits to them, workmen or any other person on or near the line of the Canal, [space] or allow any to be brought on or near the works by the laborers or any other person; and do hereby further promise and agree to perform the several stipulations of this contract by themselves and workmen under their immediate superintendence, and not by a sub-contract or sun-contractor and to finish and deliver up this contract on or before the fifteenth day of October, [space] in the year of our Lord, eighteen hundred and thirty one.
And the said Company agree to pay to the said Job, Wells & Abraham Walrath for completing this contract the following prices -
For all necessary excavation within the banks of the Canal for earth, gravel, stone or loose rock, per cubic yard eighteen and three quarter cents-
For embankments when removed over one hundred feet, and to be measured in the bank, per cubic yard fourteen cents-
For excavating and removing solid rock, per cubic yard one dollar-
For slate rock, per cubic yard twenty five cents-
For hard pan or cemented gravel, per cubic yard twenty cents-
For puddling, per cubic yard twenty cents- for iron bolts nine cents per pound
For hammered stone work two dollars eighty seven & a half cents per pound of twenty nine cubic feet-
For cut stone work including the backing- four dollars per perch
For carpenter work- white pine timber & lumber twenty six dollars per thousand feet board measure-
The payments to be made in the following manner: on or about the [blank space] day of [blank space] next ensuing the date of the contract, the said Engineer shall estimate the quantity of work done, and upon his certificate being presented at the office of the said Company, go per cent of the amount thereof shall be paid, and on or about the first day of each succeeding month, within the limits of this contract, the like estimate shall be made, certificate granted, and payment in like proportion made thereon; and further, at the stipulated period for the Completion of this contract, if the whole work shall be finished to the satisfaction of the said Company, the said Engineer shall estimate it, and within twenty days after the presentation of his certificate, under his hand, at the office of the Company, or at such other convenient place as the Company may designate, the balance, which may remain due, shall be paid: provided said works at that time shall be in perfect good order; and if any breach or other damage should occur to said works from the time it has been completed until the time for the final payment, the damage shall be repaired by the said Contractor or the amount of damage or cost of repairs shall be deducted from the amount reserved by this agreement.
And it is hereby further mutually agreed that in case of the absence or inability to act of the said Engineer-in-chief that then, and in that case, the assistant Engineer having charge of the work embraced in this contract, shall have and he is hereby invested with all the powers herein before given to the said Engineer in the premises, and that the submission herein contained shall be considered, deemed, and taken as an essential part of this contract, and shall not be revocable by either of the parties thereunto; and lastly, it is hereby further agreed that the decision of the said Engineer or assistant Engineer, shall be final and conclusive in any dispute which may arise between the said parties.
In witness whereof, the said parties have hereunto set their hands and seals the day and year first above mentioned.
Witness.
Canvass White
Job Wells
Abe Walrath
Specification of Work
Refered to in the Annexed Agreement
The Aqueduct shall be constructed of stone laid in hydraulic cement with 8 arches of 12 ½ feet span each the pins & abutments to be four feet thick laid with good large size stone. The arches to be 18 inches thick at the pins & 15 inches thick at top and furnished with keystones cut so as to make a smooth surface to measure the flooring. The ring stone also to be cut none of which shall be less than 12 inches broad and every other stone shall be 18 inch broad so as to bend well into the arch stone; the spaces between the arches to be filled with large stone & well grouted, timbers to be laid length wise with the arches and extend under the side walls to which is to be secured a plank floor. The side walls to form the trunk shall be 4 feet at bottom water line and three feet thick at top water line timbers to be placed vertically 4 feet from center to center dovetailed or mitred so as to be well secured in the walls, the tow path to be arched or constructed with arches raised two feet above the arches under the Canal, the south side to be semieliptical the ring stone spandrel walls & parapet walls to be cut stone— The north tow path to be laid with hammered stone, and the arches semicircular cut stone coping shall be put on where directed but not to exceed one foot thick & 28 inches wide, the ring [?] walls to be curved and of such height & thickness as may be directed. The sand used in mortar to be washed clean if not free from dirt or loam-- The bottom and sides of the trunk to be laid with 3 inch pine plank well jointed and made with water tight, and secured with spikes or treenails as may be directed. The ends of the trunk to be well secured from leakage by sheetpiling and protected with bumping timbers fastened to the stone work and land tied in the banks-- The trunk to be 30 feet wide in the clear.
Coping:
Coping is the seal or protective covering that goes on top of walls, parapets, or boundary walls. This allows for a water-tight seal, thus preventing against water damage or weathering. Coping can be done with all types of materials, such as stone, brick, concrete, terracotta, tiles, or metals (aluminum, zinc, stainless steel, or copper).
Enfeoff:
Meaning to invest with a fee or fief, or to invest a person with possession of a freehold estate in land.
Grubbing:
Grubbing occurs before any construction can start. Cleaning and grubbing refers to the process of removing all organic matter laying beneath the ground surface of the site. This can consist of removing tree roots, stumps, buried logs, heavy brush, or any other debris in the way. Without this process, the structure may become unstable over time due to new or old growth deteriorating the structure and allowing for cracks and shifting.
Hollow Quoin:
Originates from the French word “coin,” meaning corner. A hollow quoin is a stone that is used in the exterior corner of a wall or building to provide support to the structure. In terms of canals, hollow quoins are also a curved/rounded stone with which the mitre gate rests in, the curve allowing for it to open and close. At the base of the hollow quoin (the metal shape towards the upper right corner of the picture) is the foot box, which has a circular indent that the quoin post (possibly also called the gate pivot) sits in.
Perch:
A unit of measurement, sometimes called a rod, or a pole. It is equal to 16 ½ feet, or 5 ½ yards.
Puddling:
Puddling is the process of compacting soil, sand, clay, gravel, or other ground materials to provide a dense and stable ground surface to prevent water infiltration or leakage. The clay used in puddling is often called puddle clay, and is often laid at the bottom of the canal in several layers, and must be kept wet in order to remain impermeable.
Messuage:
A dwelling house and the adjacent buildings and lands associated with it.
Scabbled Stone:
A type of stone that has one or more rough edges, and may be of rough shape (also cobblestone or scabbled rubble).
Treenail
A wooden peg, dowel, or pin placed inside two pieces of wood to keep them together during construction.




