Articles of Agreement entered into this second day of December one thousand eight hundred and thirty between – Edward Learned and Thomas Milligan on the one part and the Delaware and Raritan Canal Company by their President on the other part whereby it is covenanted and agreed as follows to wit:

The said Edward Learned and Thomas Milligan covenant and agree to construct and furnish in every respect in the most substantial and workmanlike manner the first four locks (numbering from the Delaware River) of the Delaware and Raritan Canal, and to furnish all the materials except cement and iron. The walls to be not less than six feet thick at the bottom and four feet thick under the coping with two offsets on the back of the walls of one foot each, at such heights as shall be directed by the Engineer, the walls to not be less than one hundred and fifty feet in length from the head to the ends of the wings measured in the center of the Locks.

The first six and a half feet from the foundation to be laid of large good shaped stone and to have placed in the face of the walls three range timbers six by ten inches square secured in the walls by ties dovetailed into the range timbers four feet long and placed six feet apart. This part of the walls to be covered with good three inch white pine plank well spiked or treenailed. All that part of the walls extending from the upper gates to the head of the locks above the six and a half feet to be laid with good hammered or scabbled stone not less than ten inches in thickness except the upper two feet under the coping which shall be of cut stone.

The remainder of the walls shall be of good cut stone of such quality as shall be approved of by the Engineer – and to be laid in cement well-backed with stone of large size and good shape and grouted at every course. The rough stone and scabbled work to be laid in cement and well grouted. Headers shall be provided for every course of stone not less than two feet wide and four feet in length at every eight feet in length of the walls, no face stone shall be less than ten inches thick nor less than twelve inches bed and no stone shall have less bed than face. The coping of the lock walls to be of cut stone one foot thick and three feet wide and not less than four feet in length. The hollow quoin coping to be four + a half feet square or cut from a stone of that size.

The breast of the Locks to be of rough stone laid in cement and raised to within one foot of the bottom of the upper level of Canal and coped with a stick of oak timber twelve by sixteen inches square and to pass four feet into both side walls with a stick five feet long fastened to each end and to project two feet beyond the head of the lock into which pieces shall be placed bumping posts twelve by sixteen inches square and well secured to the Lock walls and to a stick or bumping timber on each side of the Locks extending into the Canal banks there shall also be three additional sticks on each side + planked to support the embankment the planking to be five feet below bottom water line of the upper level and an apron six feet wide to extend across the head of the Locks and fitted to the side planking and well puddled below and above the apron. The timbers for the foundation must be at least twelve inches square and forty feet in length and laid two feet from center to center except under the miter sills there to be placed side by side, the whole to be laid perfectly level and well bedded to prevent settling and the spaces between the timbers to be filled with good earth or gravel and well packed. Two courses of pile plank or sheetpiling to be placed across the bottom, four feet in length, one course at the head and the other under the lower miter sill to be of two inch plank jointed. The whole foundation to be floored with good two inch plank jointed and well treenailed.

After the Lock walls are laid the Chamber of the Lock is to be floored with good two inch white pine planks jointed and spiked to the foundation timber, the spikes to be at least eight inches in length. The mitre sills to be of good white oak timber eighteen inches wide and eight inches thick to be well secured to the foundation timbers with two inch treenails and one and a half inch iron bolts. The gates to be constructed of good white oak timber free from shakes or other imperfections and to be of such size and form as shall be directed by the Engineer, with two valve gates in each gate of such size and form as the Engineer shall direct.

All the iron work except spikes to be furnished by the Company but to be put on by the said Edward Learned and Thomas Milligan as shall be directed by the Engineer. And the said Edward Learned and Thomas Milligan do hereby further promise and agree that they will from time to time observing the progress of the work conform to such deviations and alterations in any part of the work as the Engineer may direct, and the said Engineer may add to or diminish the amount of work in any of the Locks provided for in this agreement but if the contractors shall thereby incur any additional expense they shall be paid there for such additional price as the said Engineer shall adjudge to be right and equitable. And the said Edward Learned and Thomas Milligan do hereby further agree that if in the opinion of the Engineer they shall unreasonably neglect to prosecute the work hereby contracted to be done or shall perform the same or any part thereof imperfectly or shall refuse or unreasonably neglect to do it over again or remedy such imperfection to the satisfaction of the said Engineer he shall have powers to determine that this contract has been abandoned and such determination shall exonerate the said Company from every obligation imposed upon them by this contract and they may immediately proceed to dispose thereof in such as if it had never existed.

And to avoid disputes as well as interruption and hindrance to the peaceable progress of the different parts of the work and to prevent unnecessary injury 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 uncessary trespass either, upon the persons, land or other property of the citizens living, travelling or work upon the line of the Delaware and Raritan Canal and every contractor shall dismiss all similar persons employed under him whenever thereto directed by the Engineer or assistant Engineer. And further if at any time any 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 said contractor on any part of their work. And further if any bad or imperfect materials are brought upon the ground 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 contractors said materials shall be removed at their expense by the direction of the Engineer. And the said Edward Learned and Thomas Milligan further promise and agree to perform the several stipulations of this contract by themselves and hands under their immediate superintendence and not by a subcontractor or contractors and to finish and deliver up this contract on or before the first day of [blank].

And they further promise and agree that they will not give or sell any ardent spirit to their hands or to any other person on or near the line of the Canal or allow any to be brought onto or near the works by the laborers or any other person. And the said Delaware and Raritan Canal Company do hereby promise and agree that they will provide all the cement and iron work except spikes. The cement to be delivered at the nearest convenient landing place or warehouse on the Delaware.

And will pay to the said Edward Learned + Thomas Milligan for completing this contract as follows – for cut stonework including the backing immediately against it five dollars and fifty cents per perch of twenty five cubic feet. For hammered or scabbled work three dollars and fifty cents per perch for rough stonework three dollars per perch. For coping one foot thick and three feet wide one dollar and seventy five cents per foot sun. For cutting hollow quoins one hundred dollars. For timber work including foundation sheetpiling, gates &c. One thousand three hundred and seventeen dollars. For hauling cement, furnishing and washing sand one hundred and ninety eight dollars. And the said company further agree that in order to enable the contractors to carry on said work these shall be paid on or about the first day of each month after the commencement of the work such sums as shall be certified by the Engineer for labor done and materials furnished at the Lock site of laid into the work in such manner as to be perfect security for the said money paid. And it is further agreed that in order to insure the faithful performance of this contract in every part five per cent of the whole amount thereof shall be retained and kept until the water shall be let into the Canal and pass through the said Locks of the intended depth, and the said Locks proved by water to be well and faithfully executed and every part done complete and perfect. And whatever expense shall accrue or in any way arise from unfaithfulness or want of skills in the execution of said work shall if paid be refunded or deducted from the said five per cent and the balance if any shall be paid over to the said contractors at the office of the said Company and a final settlement made upon a certificate given by the Engineer in the employ of said Company of the fulfillment of this contract. Provided however that the said Company shall be bound to let in the water to prove the said work within two months from the completion of said Locks.

And it is hereby mutually agreed by and between the parties hereto that if stone suitable for building the locks shall not be found within the line of the Canal they shall be obtained elsewhere on the most favorable terms but in no case shall the Company be charged for such stone more than six and a quarter cents per cubic yard. And it is hereby further mutually agreed that in case of the absence and inability to act of the said Engineer then and in that case the Senior assistant engineer who shall be in the employ of the Company 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 decreed and taken as an essential part of this contract and shall not be revocable by either of the parties there unto. And lastly it is hereby further agreed that the decision of the said Engineer or assistant shall be final and conclusive in any dispute that may arise between the parties [blank]

On witness whereof the said parties have here unto set their hands + seals the day and year above written
Sealed and delivered in the presence of
James Neilson
Edward Learned
Thomas Milligan
R F Stockton