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of land belonging to the said Smithsonian Institution, and situated on that 

 portion of the mall which lies between 9th and 12th streets, containing 

 nineteen acres, or thereabout; the said fence to be made in the most substan- 

 tial and workmanlike manner, and to be completed in one month from the 

 date of this agreement. And the said party of the first part agrees that the 

 said fence shall be of sawed paling, of the best quality that comes to the 

 Washington market, each paling to be about three inches wide, and to be 

 nailed on the rails with three nailings, and six nails to each paling, and 

 the palings not more than two and a half inches apart. 



And the said party of the first part further agrees, that the said fence 

 shall have a bottom board averaging twelve inches in width, firmly nailed 

 on, and the ground levelled up to the bottom of the same. 



And the said party of the first part further agrees that the said fence 

 shall be from five feet eight inches to six feet high, and that the posts shall 

 be well and securely set in the ground, and that the fence shall stand, as 

 nearly as convenient, on the boundary of the said lot, except on the north 

 side; on which north side the fence shall be placed fifteen feet north of the 

 boundary-line of the land of the said institution. And the said party of 

 the first part agrees that he will furnish all the materials whatever for the 

 said fence: Provided, Jwioever, That the posts and rails now standing on 

 ] 2th street and on B street south may be used by the said party of the first 

 part. And provided further, That in case the Commissioner of Public 

 Buildings consent thereto, the posts and rails now standing on such por- 

 tion of the mall as lies between 7th and 12th streets, and is not the prop- 

 erty of the said institution, may also be used by the said party of the first 

 part as part of the material of said fence. 



And the party of the first part further agrees that he will leave openings 

 for gates in said fence, at such points as may be pointed out by the con- 

 tractor or superintendent; but no gates are included in this contract. 



If there be not sufficient rails on the said lot between Tth and 12th 

 streets, then the contractor, Mr. Dixon, will furnish the same to the party 

 of the first part, as per annexed agreement. 



And the party of the second part agree, so soon as the said fence shall 

 be completed to the full and entire satisfaction of the architect or superin- 

 tendent of the Smithsonian Institution, and that fact shall have been cer- 

 tified to the parties of the second part by the said architect or superintend- 

 ent, that they, the said parties of the setond part, will pay to the party of 

 the first part, in full for said fence and material, the sum of four hundred 

 dollars. 



In testimony whereof, the said party of the first part has hereunto set 

 his hand and seal, and the said parties of the second part, members of the 

 said building committee, have hereunto, on behalf of the said Smithsonian 

 Institution, subscribed their names the day and year afore written. 



JOEL DOWNER, [l- s.] 



ROBERT DALE OWEN, 

 JOS. G. TOTTEN, 

 W. W. SEATON, 



Building Committee. 



