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''Fifth.'' That whenever or as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post, be unsound, or unfit for use, a survey shall be held thereon by two disinterested persons, one to be chosen by the commanding officer of the pose, and the other by the said Daniel Vertner or his agent, and in case of disagreement, a third person to be chosen by mutual consent, who shall have power to condemn such part of the provisions as to them may appear unfit for use. | ''Fifth.'' That whenever or as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post, be unsound, or unfit for use, a survey shall be held thereon by two disinterested persons, one to be chosen by the commanding officer of the pose, and the other by the said Daniel Vertner or his agent, and in case of disagreement, a third person to be chosen by mutual consent, who shall have power to condemn such part of the provisions as to them may appear unfit for use. | ||
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But if the said Daniel Vertner or his agent, shall fail, or neglect, to appoint a person to be in writing; then, and in that case, it shall be lawful for the said commanding officer to appoint such persons as he may think proper, to inspect the provisions, under oath, with power to condemn as aforesaid. | But if the said Daniel Vertner or his agent, shall fail, or neglect, to appoint a person to be in writing; then, and in that case, it shall be lawful for the said commanding officer to appoint such persons as he may think proper, to inspect the provisions, under oath, with power to condemn as aforesaid. | ||
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''Thirteenth.'' That whenever the Secretary of War shall, in pursuance of this contract, and on account thereof make advances or payments to the said Daniel Vertner the said Daniel Vertner shall receive as cash, if requested by the said Secretary, drafts from the Secretary of the Treasury in his favour, on the collectors of revenue or other persons holding public monies in the vicinity of any of the above mentioned posts. | ''Thirteenth.'' That whenever the Secretary of War shall, in pursuance of this contract, and on account thereof make advances or payments to the said Daniel Vertner the said Daniel Vertner shall receive as cash, if requested by the said Secretary, drafts from the Secretary of the Treasury in his favour, on the collectors of revenue or other persons holding public monies in the vicinity of any of the above mentioned posts. | ||
| − | ''Fourteenth.'' That all such advances of money as may be made to the said Daniel Vertner towards the supplies to be furnished, pursuant to this contract, and all such sums of money as | + | ''Fourteenth.'' That all such advances of money as may be made to the said Daniel Vertner towards the supplies to be furnished, pursuant to this contract, and all such sums of money as the commander in chief may be obliged to disburse, in order to procure supplies, in consequence of any failure on the part of the said Daniel Vertner -"- in complying with the stipulations herein contained shall be duly accounted for by him, by way of set off, against the amount of such supplies, and the surplus, if any, repaid to the United States immediately after the expiration of the term of this contract, together with an interest at the rate of six per centum per annum, from the time of such expiration until the same shall be actually paid. And that if any balance shall, on any settlement of the accounts of the said Daniel Vertner, his executors and administrators, be found to be due to him or them, for or by reason of the rations which shall be supplied, pursuant to this agreement, the same shall immediately be paid. And that no unnecessary or unreasonable delay, on the part of the officers of the United States, shall be given to the settlement of the accounts of the said Daniel Vertner his executors or administrators. |
| − | AND WHEREAS, by a certain agreement made on the Fourth day of September, 1800 between Samuel Dexter <s>James M<sup>c</sup>Henry</s>, then Secretary of War, and Edward Thomson, of the state of Pennsylvania it was stipulated , that the party of the second part should <s>deposit</s> furnish <s>months</s> supplies of rations at certain of the posts hereinbefore mentioned, between the first of | + | AND WHEREAS, by a certain agreement made on the Fourth day of September, 1800 between Samuel Dexter <s>James M<sup>c</sup>Henry</s>, then Secretary of War, and Edward Thomson, of the state of Pennsylvania it was stipulated, that the party of the second part should <s>deposit</s> furnish <s>months</s> supplies of rations at certain of the posts hereinbefore mentioned, between the first of October, 1800, and the 30<sup>th</sup> of September; 1801; and where as on the commencement of this contract, supplies furnished under the said agreement may remain to be issued at the said posts- |
it is agreed between the said Henry Dearborn <s>Samuel Dexter</s> and the said Daniel Vertner: | it is agreed between the said Henry Dearborn <s>Samuel Dexter</s> and the said Daniel Vertner: | ||