The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-09-13
James H. Bowman

The plaintiff IN error fled his action o
covenant in the court below against tn
plaintiffs recover damages for the breael
of the following agreement to-Wit.
Articles of agreement made and entere,
into on this the th day Of July, 1851 be
tween the Mayor and Alderman of Jack
son, State Of Mississippi, of the first part
and James III. Bowman, Of said city O
the second part.
Witnesseth--That whereas, q aoominodi
Gus hotel Is greatly needed. and desirel
for the accommodation Of the public il
said city and the parties Of the first par
are willing TO aid in the erection of sale
building and thus fulfil the wishes Of th,
inhabitants Of said city, 10y granting Ia,
privileges and exemptions hereinafter
named, and the said party Of the secont
part being hereunto solicited by the par
ties of the first part and divers Lawful
voters of said city, has consented ant
agreed to cause to be erected hote
on fractional square, No. | North, in sale
city, of the description and dimension,
stated in the plan OF said building. which
has been submitted 10, and approved by
the Board OF Mayor and Alderman of the
city Of jackson, upon the condition here
matter named and certain donations from
individuals Of said city. Now, therefore,
the said parties Of the first part, in CON
sideration Of the premises, and Of the
stipulatlons hereinafter contained, and
Of the sum OF ten dollars to the said par
ties Of the first part in cash paid, for the
party Of the second part, the receipt
whereof is hereby acknowledged, do for
themselves and for their SUCCESSORS in
office hereby covenant, promise and
agree to, and with the said James II.
Bowman, his heirs, executors, adminlstra-
tors and assigns as follows, to.wit.
First, that the lets Of ground upon which
said hotel shall be erected, and all the
the buildings and structures thereon, and
all the fixtures and furniture of said hotel
buildings, and all the servants, horses,
hacks, Of other property that may be en-
ployed in or about said Motel shall be
and remain wholly and entirely free and
exempt from all city taxes impositions
and charges Of every kind and nature
whatever, for and during the period OF
FIVE years, from the completion Of said
hotel and the opening thereof for the
reception OF guests.
Secondly-'rhat the said party of the
second part his heirs and executors, adj
ministrators, and assigns shall be authoriz-
ed and permitted to have and keep for
public use at such rate of charge as he or
thov may laa,., ,.--r it'''.as' -
lnoS n'''s q. ,.tvy, upon any part Of said
square, and hold the same for the period
Of FIVE years commencing from the com
pleton Of said hotel, wholly and entirely
free and exempt from any city tax, i'm
position, or charge on account Of same.
1hmdly-That said parties Of the first
part, and their successors in office, shall
issue to said party Of the second part, his
heirs, executors, administrators, and
assigns, Immediately upon the compile
ton and opening of said hotel, as aiore-
said, upon a compliance by him or them
with the conditions prescribed by law, to-
wit, upon the petition of the majority OF
the legal voters Of the city Of jackson
therefor license to sell by retail in any
quantity, vinous and spirituous liquors
on any part Of said square for the period
Of twelve months from the date Of such
license, which license shall be annually
renewed to said Bowman, his heirs, execu-
tors, administrators and assigns upon
the like petition being by him or them
presented to the Board OF Mayor and
Aldermen Of the city Of Jackson, for the
period Of five years commencing from the
completion of said hotel and the charge
for such license shall not exceed the low
est rate at which license TO retail yinous
and spirituous liquors, may by law be
granted, and that they will also grant
forthwith, and at the rate aforesaid, upon
a petitional majority Of the legal voters
of this city thereior-lcense to the said
Bowman, or his assigns, to retail yinous
and spirituous liquors in any quantity, in
any house in the SAID city that he or they
may designate for the period Of twelve
months from the date of such time, and
the same TO renew as aforesaid until said
hotel is completed, and opened as afore-
said. and that they will also pay over to
him or them such sums as may be by him
or them paid for such license, such pay
ment by the city being further donation
for the erection Of said hotel.
Fourth-The said parties of the Grst
part will not, nor shall their Successors in
office, during any Of the periods aforesaid,
grant any license to any other persons,
applying for license TO retail yinous and
spurious liquors or either in said city un
less such person or persons shall bind
themselves TO erect a hotel in said city
the costs Of which shall not be less than
forty thousand dollars, and in case any
such license shall be issued, to any other
person or persons except as above stated,
or if license shall not be duly issued to
the said james II. Bowman, his heirs ex
ecutors, administrators and assigns, upon
the petition Of q majority Of the legal
voters Of the city Of jackson therior, for
the periods aforesaid az herein provided,
then the said parties Of the first part
hereby bind themselves and Their success
sors in Office to pay 10 the SAID James II.
Bowman. bis heirs executors administra-
TORS and assigns, the full sum Of five thou
sand dollars as a donation for the erection
Of said hotel
But these grants and privileges are
upon condition, that the said James
Ii. Bowman, shall erect or cause to be
erected, and completed upon said square
on or before the first day Of December,
A.D.. 1851, a hotel containing from eighty
five TO one hundred rooms, the plan
whereof has been approved by the said
parties Of the first part, and is now filed
with the clerk Of the city OF Jackson, and
in The event that said hotel is not com
pleted on or before said date, this agree
ment is to be null and void
And the said James II. Bowman, here
bv covenants end agrees in consideration
H. ,.rovv,teoa tE.f Io sutfI rrrof or