Hi Folks,
Last night I was setting here in Ocean City going through my computer files while waiting for the rain to stop. (Anytime they need rain in Ocean City they call and ask me to come on down.) I found this translation I made several years ago of the 1793 award between Wm Richards owner of Batsto Iron Works and Henry Drinker, Joseph Salter, and John Drinker owners of the Atsion Iron Works (BC clerk's office, book C, page 336). I know that some may have already read it, but for those who have not or may want to read it again.
Award between Wm Richards and the Atsion Company
Know all men by these present, that whereas William Richards owner of Batsto Iron works land and estate there to belonging and Henry Drinker, Joseph Saltar, and John Drinker owners of Atsion Iron works land and estate appertaining there to, have by their bonds bearing dated the twenty third day of January One thousand seven hundred & ninety three, (January 23, 1793) bound and obligated themselves, heirs, executors and administrators in all things well and true to hand, to obey, abide, perform, fulfill, and keep, the award order arbitrement final end and determination of Elijah Clark, John Gaunt, Joseph Willcox, Lewis Darnel, & John Lacey, or any three of them arbitrators indifferently chosen & elected, as well on the part and behalf of the said William Richards, as of Henry Drinker, Joseph Saltar, & John Drinker, to arbitrate & determine of and concerning all matters in variance between the said William Richards and the said Henry Drinker, Joseph Saltar, & John Drinker and of and concerning of all manner of action & actions cause or causes of actions Bills, Bonds, toessiafses accounts damages and demands whatsoever at any time hereafter under the hand and seal of the said arbitrators or any three of them, and ready to be delivered to the said parties indifference on or before the twenty third day of July next insuring the day of the date of the said obligation, reference being there to had will more at large appear. And whereas we the said arbitrators aforesaid chosen & named having taken upon us burthen of the said award and having named the said parties, their evidence and their allegations touching the premises aforesaid and after having duly considered the same do hereby give forth this our award & determination there on --- as follows ~
First, we do award, and order, that all actions or suits in law heretofore had or depending by or between the said parties, shall henceforth séace and determine.
Secondly we do award that all the wood now standing on a survey the Atsion Company holds under Josiah Foster laying on the Southerly side of Egg Harbor road and adjoining a forty seven acre survey belonging to the said William Richards and also the wood of fifty acres to be laid off from survey made to Atsion Company on the northerly side of the aforesaid road and adjoining a survey belonging to the Earls the said fifty acres beginning at a Pine tree by the side of the said road marked H D and to be laid off in as a compact a body from said beginning as the shape of the survey will permit.
Thirdly we do further award that the right of the said William Richards to the ore within the deputed & established bounds of John Estell’s surveys (at the time the said Estell conveyed the same to (Charles Read) is good and valid to the same William Richards and that no survey made or to be made within the said Estill’s line can be invalidate upon or destroy the same.
Fourthly we do further award that the Atsion Company shall have a free & uninterrupted passage down & up the Atsion River with their boat they assisting the said William Richards & being at a mutual & equal expense & charges with him in writing and repairing from time to time such banks and domes along the banks of the said river as will prevent the water when they draw for their own use from overflowing the beds of ore and preventing the razing and casting off the same --- and in case the said Atsion Company shall neglect or refuse to send hands to do the work when legally notified by the said William Richards he may cause the said dam or dams to be made & repaired at his own cost & charges, and the said Atsion Company shall pay one half of the same --- Subject to a reasonable adjustment there on to be made by indifferent persons to be chosen by the said parties for the purpose.
Fifthly and lastly we do award that the Atsion Company do pay unto the said William Richards the sum of five pounds ten schilling being the expense of a former arbitration and further cost having accrued respecting the premises – exclusive of the book accounts of the said parties.
That was not the end of it, in 1796 they were back in court again.
Supreme Court of Judicature of the State of New Jersey
( May Term 1796)
Richards against Drinker, Salter and others
This was an action of debt, brought on a bond the 23rd day of January, 1793, in the penalty of 1000 lbs conditioned for the performance of an award. Salter alone was taken. The defendant, after oyer, pleaded that no award was made. The bond was proved etc.........
This may not have been the end of it either, I believe, but not sure they were back in court in 1799? I don't have any record of this on hand and its been about 10 years since I looked into this lawsuit.
Don
