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Articles of Agreement made and concluded this the 20th day of November
1863 between the Montgomery & Eufaula Rail Road Company of the
first part and Samuel G. Jones agent for Major F. W. Sims acting in
behalf of the Confederate States of the second part, whereby it is covenanted
and agreed as follows, to wit. --
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| The said party of the first part, on their
part covenant and agree that they will within two (2) weeks furnish an
efficient force of from fifteen (15) to twenty (20) mules and carts
with a sufficient number of Hands to work them advantageously and
proceed to do the graduation required to reduce the grades on the
Government Railroad between the Depots of the Alabama & Florida
Railroad of Ala., and the Montgomery & West Point Railroads to one
hundred (100) feet per mile, the work to be vigorously prosecuted and
done according to the instructions of the Engineer in charge; the work
to be of the form and dimensions adopted on the Alabama & Florida
Railroad of Ala., the usual ditches being dug in excavation and the
usual allowance for settling being made on embankments; the said party
of the second part agree to pay the said Montgomery & Eufaula
Railroad Company one dollar ($1.00) per cubic yard, for every yard
excavated; and one dollar ($1.00) per cubic yard for every yard placed
in embankment. The party of the second part further agree to secure
the right of way and remove all obstructions such as Railroad Track
and other structures beforehand, so that the party of the first part
shall not be delayed in the prosecution of their work and should they
be delayed in consequence of the non performance thereof, the said
party of the second part agrees to make such reasonable allowance for
detention as may be agreed on between the parties for the number of
days delayed. |
| The parties of the second part further
agree to furnish comfortable cars or quarters for the hand and to make
such payments during the progress of the work as in the opinion of the
Engineer in charge is right and fair. |
| In event the work is stopped by an
injunction or other unforeseen circumstance, the said Montgomery &
Eufaula Railroad Company is to withdraw its force and to receive pay
for all work done at full contract prices and also the further sum
which may be due for the time of the force while engaged in coming to
and leaving the work. Government to be paid for the time of forces
lost in going to and returning from the work to be agreed upon by John
M. Gray Engineer of said Railroad Company and Samuel G. Jones
with the understanding that in the event of disagreement B. E.
Walls Esq. is to be called in as umpire and his decision shall be
obligatory and conclusive between the parties without further resource
or appeal. |
| Witness our hands and seals of the parties
this day & year above mentioned. |
| L. Owen Prest. M. &. E. R. R. |
| F. W. Sims Maj. & Q. M. C. S. A. |