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Minutes of the General Court of North Carolina
North Carolina. General Court
March 29, 1703
Volume 01, Pages 583-587

-------------------- page 583 --------------------
[Records of General Court.]

Att a Genell Court Holden at ye House of Colo Jno Heclefield March ye 29th 1703 Being prsent The Hoble Wm̄ Glover Thos. Symonds Rich Plator William Collins Esqrs

The Courts Comission being Published Mr Rich Plator & Mr William Collins do solemnly take ye oaths by Law appoyntd before ye Honble president.

Mary Books acknowledges a Conveyance of a tract of Land & Plantac̄n to Robt Hosea

A Lettr of Attorney from Capt Jno Hecklefield to Daniell Phillips was acknowledged per ye Constituent And then ye Court Adjourned till to Morrow Morning 7 a Clock.

Wednsday ye 30th of March 1703 ye Court Meets Psent The Honble Majr Saml Swann Wm̄ Glovr Tho Simons Rich Plator Wm̄ Collins Esqrs

Mr Jno Porter & Mr Rich Plator do mutoually agree upon an Issue in an action of Debt and ye matter being ffully Debated

Ordered that Mr Rich Plator pay to Mr Jno Porter ye sum of five pounds In Pork With Costs alias Execun

Mr Jno Porter attor of James Jones Comes to prosecute his sute against Henry Slade and ye Defendt Came Nott

Ordered that ye Marshall have ye body of Henry Slade att ye next Court holden for this province ye Last Tusday in July next alias Judgmt to go agst ye Marshall

Jno Bird Comes by Thomas Snoden his Attorney to prosecute his sute agst Wm̄ Reed In a Plea of Debt & ye sd Reed comes and prayes a refferrence till next Court And Shewing Sufficient Reasons for ye same.

Ordered that ye action be Refferrd to ye first day of the next Genll Court

Mr Jno Bird Comes by Thomas Snoden his Attorney to prosecute his sute against Wm̄ Reed In a Plea of ye Case & says yt ye sd Reed stands indebted to ye plt in ye sum of 2. 14. 6 per acco and ye sd Reed Comes & provs paymt made by ye Subscription of Augustine Scarborrow. Orderd that ye Sute be dismist & ye Plaintiff pay Costs

Mathew Winn Comes by Thos Snoden his Attorney to prosecute his sute against Mr Jno Jenins in a Plea of Defamation and ye Defendt comes & pleads Justification and prays a Refference till ye Next Court

Orderd that ye action be Refferd to ye first day of ye Next Genell Court.

-------------------- page 584 --------------------

The Marshall was Comanded to arrest ye body of Roger Monteague Extor of ye Last Will & Testamt of Rich Collins Decd and ye Mr Ardern plaintif Came nott to prosecute and ye Deft prays a Nonsute att ye Sute of Mr Jno Ardern

Ord that a Nonsute be granted to ye Defendt

Mr Jno Porter Comes to prosecute his sute agst Nich Hilbert and declares for ye sum of 8: 10: 4 in Pork & ye Defendt Comes & Confesses

Ordered that Nich Hilbert pay to Mr Jno Porter ye sum of 8 10 4 In fresh pork with Costs of Sute alias Execun

Colonell Wm Wilkison Attorney of Mr Huggendeclin of New York comes to prosecute his Sute agst ffra Delemaine & An his wife and ye Defendt Came Not

Ordered that ye Marshall have ye body of ffra Delemaine & Ann his wife att ye first day of ye Next Genll Court alias Judgmt to be Confirmed agst ye Marshall

Mathew Winn Comes per Tho Snoden his attorney to prosecute his Sute against Jno Jenins in a Plea of Defamati and ye Deft prays a Refferrence till Next Court which is granted.

Upon ye Petition of James Tooke

Ordered that Administran of ye Estate of Jno Took Deced be Comitted to ye petic̄onr and that Capt Jeremiah Goodridg Capt Nick Jones & Mr James Bridgham apraise ye same being first Sworne by ye Honble Saml Swann Esqr

A Lettr of Attorney from Ralph Chapman to Tho Boyd was proved per oath Wm Glovr Esqr

Capt John Hunt acknowledges a sale of a Plantation to Thos Boyd attor of Ralph Chapman and Eliz his Wife Relinquishes all her title of Dower to ye Same

Mr Christopher Gale brings an acco agst ye Estate of Jno Harvey Esqr and Coll Wm Wilkison Extor of Jno Harvey Esq being present saith not

Ordered that Coll Wm Wilkison pay to Mr Chris Gale as he being Executor to Jno Harvey yt Sum 3 19 11 wth Costs

A Will of Saml Pricklove was provd by ye Oath of ffra Penrice & ye subscription of Jno Anderson

Geo Harriss is sworne Deputy Marshall for pascotank precinct and takes ye oath by Law apoynted

Mr Jno Porter Comes to prosecute his sute against Christopher Butler and says he is Damnified in his Cr and Reputation by ye sd Butler in ye Sum of 300£ Sterling and ye Marshall makes Returne a true Cop of ye writt & Declarati Left att ye Dwelling house of ye plaintiff and ye Defend

-------------------- page 585 --------------------
Came not And ye Court is of opinion yt ye Marshall Amend ye Return of ye writt & Return Non Est Inventus

Which being done ye plaintiff prays yt an Attachmt may go forth against ye goods & Chattells of ye Defendt

Ordered that ye Marshall Atteach so much of ye goods & Chattells Rights & Cr of ye sd Butler as will amount to ye sum Declared for with Cost &c

Mr Chris Gale Came to prosecute his sute agst Tho Evins in a plea of ye Case for ye sum of 2: 13: 2½ & provs ye same per Oath

Ordered that Tho Evins pay to Mr Chris Gale ye sum of 2 13: 2½ wth Costs alias Executn

Walter Craddock Comes to prosecute his sute against Capt Jeremiah Goodridg in a Plea of ye Case for ye sum of £77: 14 per acco and ye Defendt saith not

Ordered that ye Marshall have ye body of Capt Jeremiah Goodridg att ye Next Genll Court in July Next alias Judgmt to be Confirmd agst ye Marshall

Upon Petition of Dorothy Simpson

Ordered that Mr Henry White Mr Jno Rapier Mr James Davis shall lay out all ye Lands whereof Wm Simpson Deceased was possest in his Lifetime and shall deliver to ye peticonr the one third thereof to be to her as her dower

Mr Wm Glover by his petition shews yt ye place of Richd Collins stands indebted to him in ye sum of 7: 18: 3 and prays an order for ye same and Roger Monteague being Present saith not

Ordered that Roger Monteague pay to ye Honll William Glover in ye sum of seaven pound eighteen shillings & five pence with Cost of sute alias Executn if Assetts to be found

Upon ye petition of John Meade

Orderd that Tho Symons pay unto ye petitionr ye sum of five pounds, as he being executor of Charles Jones Dec̄ed itt being for ye bringing up a negro boy.

Capt Jeremiah Goodridge came to prosecute his sute against Mr Fredrick Jones In a Plea of ye Case and ye Defendt saith nott And Mr Tho Snoden attorney for ye plaintiff prays Judgmt against ye Marshall Ordr that ye Marshall have ye body of Mr Peter Godfrey Attor of Mr ffred Jones att ye next Court

A Bill of Sale from Mr Wm Duckenfield to Mr John Porter was acknowledged

-------------------- page 586 --------------------

a Conveyance of a tract of Land &c was acknowledged by Mr Wm Duckenfield to Richd Ashworth

SAMUEL SWANN
W. GLOVER
THOMAS SYMONS
RICHARD PLATER
Wm COLLINGS

To July Court ffrom March Court Reffer & orders agst Marshall vizl

Porter attor Jones vers Slade
order vers Marshall

Bird vers Reed
Refferrd

Winn vers Jenins
2 acts Refferd

Wilkison Attor Huggendeclin vers Lemarr & Wife
ordr vers Marshall

Porter vers Battle
Non Est Inventus Returnd

Cradock vers Goodridg
Ordr vers Marshall

Goodridg vers Jones
Ordr vers Marshall

Chevins vers FFraly
Sute for 3: 9: 6 peracco

FFredrick Jones vers Jeremiah Goodridg
Plea Case Damage 1000£

Idem & Company vers Ditto
Plea Case Damage 500£ Non Est Inventus

Wm Duckenfield Esq vers Monteague
Plea Case, no Return
May 16th 1703 Idem vers Daw
Plea Debt
Mr Boyd atteach Dr Swoann

Mr Henry Baker Mercht of Virgia vers Early
Plea Case

Cobb &C vers FFewox
Retraxitt

-------------------- page 587 --------------------

Chapman vers Powell
detinue Retur Executed

Idem vers Sirlicum
Case Retraxitt

Semmons vers FFittzpatrick
Not Executed

Newby vers FFraly
Debt Executed

Platt vers Martin
Retor Executed

Stanton vers Bandy
Tresspass on ye Case Retur Executed

Haughton vers Norman
Return Executed

Scarboro per Supersidias agst Rice

Griffin Supersidias agst Jones

Wm Reed vers Benj Tull
Case

Know all men by these prsents that I Henry Baker of Virgia Nominated Constituted Authorized & appoynted & in my stead & place do put my very good ffriend Saml Swann Esqr in Carolina to be my true and Lawful attor Irevocably to sue for Levie Recover Receive Demand & take of Wm Early of ye sd Carolina ye sum of 24: 17: 4½ Or any other person or persons Indebted to ye sd Baker within ye abovesd Country Giving & Granting unto my sd Attor my full & whole power & Lawful Authority in ye Execution of ye premisses to arest attach Implead Imprisson & out of Prison againe to Deliver ye sd Wm Early his heires &c until they or some of them shall have fully sattisfied ye Debt abovesd And upon Reciete thereof or any part thereof acquittances or any other Lawfull discharges in that behalf for me & in my name to make seale & Deliver And all other Act of Acts thing & things Device or Devices in ye Law wtsoever for me & in my name to Do Conclude & finally to finish in as full Large & ample a maner as I may might or Could Do were I personally prsent Ratifiing allowing & Confirming all & wtsoever my sd Attor shall Legally Do or Cause to be Don herein Given under my hand and seale ye 17th day of Apll 1703

HENRY BAKER
[SEAL]
Sele & Delivered in prsence of
JNo ALSLOVE
JAMES FF ALEN
RICH BARFIELD