party in whose custody the children then shall be, shall deliver the said children to the other party hereto. There shall be no excuse for any failure, refusal or neglect so to deliver the children, or any child, except the sickness of such child or children, which shall be certified to in detail by the attending physician. Each party shall have the right to have such child or the children, examined by a physician designated by him, or her, to ascertain the cause of the failure so to deliver the child, or children, as provided for herein.. This provision shall also be applicable in all cases of the division of a vacation in which the custody of the children passes from one party to the other. Each party shall cause prompt notice in writing to be sent to the other of any change of residence, in which notice the address of such new place of residence shall be stated. 4. (a) That, after February 5, 1923, the said children shall be educated in boarding schools, boarding academies, or boarding colleges, located in the State of New York. The First Party, for that purpose, shall submit to the Second Party a list of three schools, academies or colleges, and thereupon the Second Party shall immediately select therefrom one to which the children shall be sent. (b) That the expenses of educating said children shall be borne by the First Party, but the Second Party, if he so desires, shall have the right to pay any, or all, of the expenses of educating said children. (c) That, if for any cause said children, or either of them, shall not be placed in, and remain in, a boarding school, boarding academy, or boarding college, during any part of the regular school, academic or college year, as the case may be (apart from any vacation period), such child or children, as the case may be, shall be placed in the custody of the parties hereto alternately, and for equal periods. 5. That, between the date of the agreement and the time when the said children shall be sent to boarding school, as herein provided, they shall be under the care and custody of a governess selected and paid by the First Party; but such governess shall be satisfactory to the Second Party. The board and lodging of the governess shall be furnished by, and at the expense of, the party in whose care the children shall be during the various periods mentioned in this agreement. 6. That, during the time that said children are in the care and custody of either party, during the years 1923, 1924 and 1925, each of the parties hereto shall have the right to have said children visit him, or her, between the hours of 9 A.M. and 6 P.M., not more than four days in every month; provided, however, that, in order to make said visit, said children are not required to leave the city, or town, where they may then be residing. Each party shall, in writing, notify the governess in charge of the children at least twelve hours. in advance of the time fixed for the visit of the children, of his, or her, desire for such visit, and, in such notice, shall state the place where the children shall be sent, and the time therefor. Neither party, however, shall have the right to visit said children in the house, or place, where they may be living, except as otherwise provided in paragraph "y" hereof. 7. That, in case of the illness, or sickness, of either, or both, of said children, requiring the attendance of a physician, or surgeon, the party in whose custody said child or children may then be shall cause prompt notice to be given to the other party, either by mail, telegram or telephone, of such illness, or sickness, and the party so to be notified shall have the right to consult the attending physician, or surgeon, in connection therewith. Said children, or either of them, if suffering from sickness or illness which, in the opinion of the attending physician or surgeon shall, or may, be of a serious or dangerous character, or may be of long, or lasting, duration, may, upon his direction, be sent to a private sanitarium, or hospital, for medical attention, during the term of said illness or sickness, and the party in whose custody said child or children may then be shall cause prompt notice of the name and location of such sanitarium, or hospital, to be furnished to the other party hereto, and the latter party may thereupon visit such child, or children, at such sanitarium or hospital, during the period of the illness. If the child or children shall not be sent to a private sanitarium, or hospital, but is, or are, suffering from a serious, or dangerous illness, or one of long or lasting duration, then the other party shall have the right, from time to time, to visit said child, or children, at the home, or place, in which either child may then be living. 8. That each party hereto shall have the right to visit said children as often as such party may desire, while such children are at boarding schools, boarding academies or boarding colleges, sub ject, nevertheless, to the rules and regulations of such school, academy or college. 9. That the summer vacation of the children, and their other vacation periods, shall be divided equally between the parties hereto, so that the first half of the vacation period shall be spent with each of the parties hereto in alternate years; and the first half of the first such vacation period shall be spent with the First Party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of John Doe (L.S.). No. 191. Agreement between husband and wife, whereunder husband agrees to appear in divorce action pending in foreign state and provision is made for the custody of children, and each party agrees to execute a bond to insure performance of the agreement.8 AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Main Street, Binghamton, New York (herein called the "First Party"), and Jane Doe, residing at No. 372 Main Street, Boise City, State of Idaho (herein called the "Second Party"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. That the First Party agrees to appear in the certain action, now pending in the District Court for the Third Judicial District of the State of Idaho, in and for the County of Ada, wherein the Second Party is the plaintiff, and the First Party is the defendant; and, for that purpose, the First Party hereby agrees, by an instrument duly acknowledged, to authorize an attorney to appear for him in said action, and to cause such attorney, in his behalf, to serve a notice of appearance on Koe & Koe, Esqs., attorneys for the Second Party in said action. 2. That the First Party shall have the right to defend such 8 Adapted from LaMoutte v. Title Guaranty & Surety Co. (1917), 221 N. Y. 690, 117 N. E. 1073. action upon any and all grounds, which he may be advised by counsel are defenses thereto. 3. That the Second Party agrees that the complaint in the said action shall not be amended, except in so far as may be necessary to make effective the intention of the parties with respect to the care and custody of their children, as set forth in the agreement hereto annexed, and hereby made a part hereof; and the Second Party hereby agrees that she will not, in such action, seek to obtain any custody of the said children in any way inconsistent with the provisions of such agreement. 4. That the parties hereto shall, contemporaneously with the execution of this agreement, execute in duplicate the agreement providing for the custody of their children, John Doe, Jr., and Mary Doe, which is hereto annexed, and shall deposit such duplicate original agreements, signed and acknowledged by them, with John Koe, who shall deliver to each party a receipt therefor. 5. That, simultaneously with the execution and deposit of such agreements, the Second Party shall pay to and deposit with said. John Koe the sum of six hundred and fifty ($650) dollars, and contemporaneously therewith the First Party shall deposit with the said John Koe a duly executed release, releasing and discharging the Second Party from all claims and demands of any kind whatsoever, in respect of any personal property of the First Party, which now is in the possession of the Second Party. 6. That the Second Party shall deliver to the First Party, at No. 112 Broadway, Borough of Manhattan, New York City, the furniture described in the schedule hereto annexed, marked "Exhibit A," within three (3) days after the granting and entry of a decree in the aforementioned action in the District Court for the Third Judicial District of the State of Idaho. 7. (a) That the parties hereto agree that they will deposit with the said John Koe, simultaneously with the execution of this agreement, separate bonds in the sum of five thousand ($5,000) dollars, which shall continue in force until September 13, 1923, and which shall be conditioned for the delivery of the said children by the Second Party to the First Party, within fifteen (15) days after the entry of a decree in her favor in the said action now pending in the State of Idaho, and conditioned, also, for the faithful performance by the parties hereto, severally, of all covenants, conditions and provisions of this agreement, and of all the covenants, conditions and provisions of the annexed agreement, relating to the custody, education and maintenance of said children. Each bond shall contain a provision that, in case of default by the party thereto in performing any of the conditions, covenants and provisions in either of the agreements between the parties hereto, the bond of the party not in default shall immediately become null and void, and that this nullification and termination of such bond shall be in addition to the payment of the five thousand ($5,000) dollars provided for by the bond given by the party in default. (b) It is expressly agreed that the payment of five thousand ($5,000) dollars by, or for, the party in default, and the annulment of the bond given by the other party, shall not be in full reparation of such default, but that the party not in default shall, in addition, have such rights and remedies for the enforcement of the provisions of the proposed amended judgment referred to in the next paragraph hereof, as the law provides, including the enforcement of such judgment, by contempt proceedings, or otherwise, the making of a modified judgment granting further and fuller rights to the party not in default, and such other rights and remedies as to the court may seem just, proper and effective in relation to said judgment. 8. That the parties hereto agree to execute, acknowledge, and deposit with the said John Koe, simultaneously herewith, a stipulation consenting to the modification of the judgment of separation entered and filed in the office of the clerk of the County of New York on March 30, 1921, by changing the paragraph thereof marked “2nd," so that it shall conform to the provisions of the annexed agreement, relating to the custody, education and maintenance of their children, and by cancelling and annulling the paragraph of said judgment marked "3d." 9. That, if the First Party shall appear in the action now pending in the said District Court of Idaho, by an attorney duly authorized to appear for him therein, and shall execute and deposit the several papers, as herein provided for, and if the Second Party Ishall obtain in said action an absolute decree of divorce from the said First Party, the Second Party hereby covenants and agrees to deliver, at Binghamton, New York, into the care and custody of the First Party, the two children, John Doe, Jr., and Mary Doe, within fifteen (15) days after the granting of said decree; to be |