Revision: xty/XTY16002.jpg

HTML

       Fourth.  That no whiskey, or ardent spirits, but such as the excise has been paid upon, shall be purchased by the said William Colfax or his Agent for the purposes stipulated in this contract. 

          Fifth.   That whenever and as often as the provisions stipulated to be furnished under this contract, shall, in the opinion of the commanding officer of the post or place, where they are offered to be issued, be unfound, or unfit for use, a survey shall be held thereon, by two disinterested persons, one to be chosen by the commanding officer, and the other by the said William Colfax 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.  But if the said William Colfax or his agent, shall fail, or neglect, to appoint a person to inspect the said provisions, after reasonable notice in writing, it shall be permitted to 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.

          Sixth.    That the commanding general, or person appointed by him, at each post or place, in case of absolute failure, or deficiency, in the quantity of provisions contracted to be delivered and issued, shall have power to supply the deficiency by purchase, at the risque and on account of the said William Colfax.

           Seventh.   That whenever any articles constituting the whole, or any part of the ration, shall be withheld from the officers and soldiers, due bills shall be given therefor, payable within two months by delivery of the articles withheld. If, at the expiration of the said two months, the contractor or his agent, shall not deliver the articles expressed in the said due bills, within ten days after demand being made therefor, payment for the articles so withheld shall be made by the contractor or his agent at the contract price.

               [undecipherable] [undecipherable] sustained by the depredations of an enemy, or by means of the troops of the United States, in [undecipherable] ntended to compose rations, to be issued under this contract, being the property of the contractor, as well as in other property necessarily used in transporting the same, shall be paid for at the contract price of the rations, or the component parts, and at an appraised value of the other articles, on the deposition of one or more creditable characters, and the certificate of a commissioned officer, when the same can be obtained, ascertaining the circumstances of the loss, and the amount of the articles for which compensation is claimed.