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Colonial and State Records of North Carolina
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Minutes of the General Court of North Carolina
North Carolina. General Court
October 27, 1702 - October 28, 1702
Volume 01, Pages 566-568

[Records of General Court.]


Att a Genll Court Holden at ye House of Cap Jno Hecklefield in Little River October 27th 1702

Being prsent The Honebl Samuel Swann Esq The Honble William Glover Esq Jno Hawkins Esq

The Courts Comission is published & by Vertue of a Dedimus ffrom ye Honebl President to ye Honebl Majr Samuel Swann & the Honebl Wm Glover Esqr do solemnly take ye oaths by law appoynted before ye Honbl Samuel Swann Esqr And also the Honebl Samuell Swann Esq Do Take ye aforesd oaths before Wm Glover Esqr And Mr Jno Hawkins being not ffree——Do Subscribe to the aforesd Oaths

Adjourned till to Morro Morning 9 a Clock


Wednesday morning Oct 28 1702

Court meets prsent—Ut Supra

Daniel Phillips provs a Lettr of Attor from Samuel Dalys by ye oaths of Mr Jno Jenins & Bartholo Hewitt

-------------------- page 567 --------------------

The Marshall was Comanded to arrest the body of Capt —— Coles att ye sute of Saml Paine Refferd from Last Court —— and ye plaintiff Came not to prosecute

Ordered that ye Action be Dismist & ye plaintiff pay cost

Rich Ashworth Came to prosecute his sute against J— in a plea of ye Case and Complaines for one Canoo Lent to ye Deft by ye plaintiff which was return spoyld & stavd and the Deft by Mr Thos Snowden his Attorney for the plea saith that the Canoo they did borrow But for Spoyling & staveing ye same —— have not & thereupon Casts himself upon ye Country & ye plaintiff likewise And the Marshall is Comanded to Cause to Come twelve Lawfull men of the vicinage & —— By whome &c and there came Jno Bird Walter Tanner —— Harris Richard Neat Rich Madren Geo Kinserly James —— Mathew Winn Aughtlin Scarboro: Jer Symonds: Chris M—— Bartholomew Hewitt Who Impaneld & Sworne say We find for ye plaintif thirty Shills for ye Canoo & Damage with Costs

Ordered thatt Jno Palmer pay to Rich Ashworth ye sume of thirty Shills for his Canoo & Damage with Costs of Sute alias Execūn.

Wm Duckenfield Esqr Came to prosecute his sute agst Thomas Evins Plea of ye Case for        and ye Defendt Came not

Ord that ye Marshall have ye body of Tho Evins att ye next Genll Court alias Judgmt against ye Marshall

The Marshall was Comanded to arrest ye body of W—— —— at ye Sute of Wm ffrayly in a Plea of ye Case                           and ye plaintiff Came not to prosecute

Orderd that ye Action be Dismist and ye plt pay Costs alias Executn

The Court Adjourned for two Hours

12 a Clock Court meets Prsent ut Supra

Daniel Rice came to prosecute his Sute against Augustine Scarborrow in a Plea of ye Case and ye Defendt By Mr Thos Snoden his Attorney for plea saith that ye Plaintiff his Action ought not to have for & that the Action is unduly Entered they Receiveing ye Cop Declaration Som Days before the Arrest which appearing

Orderd that the Action be dismist & ye plaintiff pay Cost alis

Upon ye Petition of Ruth Clark

Ordered that Richard Ashworth pay to ye Petitionr Eight Shills and 4d with Costs alias Execun.

Upon ye Petition of Wm Waymouth

Orderd that Richd Ashworth pay to ye Peticonr Eight Shills and foure pence with Costs for his travell & Attendance

Upon ye Petition of Wm Waymouth

-------------------- page 568 --------------------

Orderd that John Palmer pay to ye peticonr the sum of Eight Shills & four pence for his travell & attendance with Costs of Sute alias Execution

Adjourned till 3 a Clock afternoon

3 a Clock Court meets prsent ut Supra

Nathanl Hall & Hannah his wife Acknowledges conveyance to Geo Jordan

Jno Willowby Acknowledges Conveyance of a tract of Land & plantation to Jno Anderson

Wm Hutchison Provd Rights to 700 Acres of Land by ye Importation Viz Moses Whitaker twice Imported ffrans —— twice Imported Wm Thomas twice Imported Jno —— Tho Cowlisle Jno Gray Jno Oliver Wm Hutchison——times Imported: And Assigned to Nathanl Chevin

Simon Knight provd his Right to 100 acres of Land by Importation of Himself & Eliz Knight

Mr Jos Reading Provd his Rights to 270 Acres of Land by Importation of Edw Dickason