Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-06-30

MarCh - loOAs
After the settlement r. France continued to
pay the monthly instalments Of 5000 for a few |
months. when lie suddenly defaulted, and in the
July following, 1891, he also defaulted to the |
State Of Delaware in the p0y mcnt Of the semi /
annually instalment, and he consequently ceased |
to draw the Lottery there.
The bunier had eliminated.
Immediately made application to the State OF
Delaware for the scant, with certainty OF sue
cess, but my counsel advised that an act Of the
Legislature would lie necessary in order to make
the transfer legal. An extra session Of the Della
ware Legislature having been called by the Go
vernon Of that State, had. intended 10 apply for
the grant, but other proposals were made to me
through counsel, by the counsel Of Il. France, OF
the following nature;
That the bond Of 800, 600 should be paid to us
and secured by an agreement to be entered into
by Mr.. Morris, Of New York, (who had obtained
an assignment of the grant, and France, they
covenantng 10 pay the same to us. again
p accepted the proposals, and on the fifth day of
November last, the following articles of agree
ment were prepared aud executed by oil parties
thereto.
Articles Of agreement between Francis Morris
New York City, Of the first, John A. Morris, Of
Wilmington, Delaware, Of the second part,
Richard France, Of the City Of Baltimore, of the
third part and S. Broadbent, ST., S. Broadbent,
Jr., and John sOotue Broadhent Of Baltimore
County, OF the fourth part" This agreement
goes on to recite the agreement between Of
the 26th September, 1860, and France agaiu
covenants 10 perform all contained therein, anl
the following are the covenants by the parties ia
this:
And whereas, the said Lottery privileges have
been assigned by the said II. France to the said
F. Morris, and the said + Morris hath agreed
in consideration thereof that he or his assigns
shall account for and pay over to the sad r
France or his assigns, certain share or poriiot
of the profits of the business, to he con
Quoted under the same, and such amounting
to be half yearly, and whereas the said r. Nor
ris hath assigned the said Lottery privilege Il
the said John A. Morris, but the said F. Morr
still remaining liable TO the performance Of hi
said agreement with the slid R. France. Nov
presents witnesseth, that for certain good an
valuable considerations, the receipt and satisiac
tion whereof, by each of the said parties hereto
being hereby acknowledged it is hereby cove
nanted and agreed as follows:
list, That the said H. France doth hereb
charge the said charge of the profits of the sal
business on the payments to the parties heret
Of the fourth part (Broadbent's) of the said SUI
Of $4,000 per unnum, in half yearly payments
for and duriag the remainder Of said period
fifteen years, on the LIST day Of January and Il
LIST day Of August in each year, except durir
the first year, during which the payments are
he monthly, the first payment to be made on ii
LIST day Of December next.
The arrears now due under the said agreenen
amounting to So, 000 to be paid on the LIST da
Of january, 1862 and the said France doth her
by assign to the said parties hereto Of the fourt
part, (Broadbents) sufficient part or share
the said profits 10 satisfy the said charge, pi
doth hereby declare that this is the first and on
charge upon, and the first and only assgnme
by him Of any part or share Of the said profit
ID. The said F. Morris and John A. Morris
hereby, jointly and severally covenant, promi
and agree, to and with the said parties hereto
the fourth part (Broadbcnts) that they, the sa
f. Morris and John A. Morris, or Que of the
shall and will pay, or cause to be paid 10 {
said parties hereto, Of the fourth part, (BrOa
bent's) the said sum OF $4,000 per aDnum
half yearly payments, as aforesaid, Except t
first year during which the payments are to
monthly,) and the said arrears, as aforesaid, 4
OF the said share of the said r. France, in 81
profits Of said business, aud that before payi
over any part thereof to the said r. France.
any person claiming through him. Third 1t
hereby declared that nothing herein contain
shall discharge the said Il. France from his 81
obligations, as contained in the said recit
agreement, if the said parties hereto, of the foul
part, (Broadbents,) shall fail to receive full pi
ment of the said sum Of So. 900 per annum fr
the said f. Morris and John A. Morris, or {
OF them, under the provisions of this agreemen
The agreement goes on with the usual covena
to perform, &c, and end thus.
AS witness the hands aud seals Of the part
this 9th day1of November, 1861.
f. MORRIS,
joins A. Morris,
RICHARD FRANCE.
s. BBoADBENT, )
s. BRoApnENr ,
j. S, BROADBgNT,