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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
April 03, 1719
Volume 02, Pages 328-331

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[Council Journal.]


North Carolina—ss
At a council held at the house of William Dinkinfield Esqr April the 3d 1719

Present the Honble the Charles Eden Governor Capt. General and Admiral

The Surveyor General haveing made a returne to this Board reporting that the Land in Controvercy between Mr John Blount and Mr Maurice Moore resurvey'd by him by order of the Governor and Councill Contains three thousand feet above an acre and that there was an error in his first returne of that matter which he has now rectified and finds by the courses in his sd first returne which is within the fence of the aforsd Cleare ground there is some feet above an acre

And Mr James Wineright being sumoned upon this occassion laid before the Board a plat of the afsd Land in Controversy between the sd Blount and Moore according to the Courses and distances Observed by the surveyor General pursuant to the first order of Council which contains three hundred & ninety feet above an acre

Whereupon this Board haveing Considered the same are of opinion that the sd Land belonging to Mr John Blount was not Lapsable and that the pattent granted Mr Maurice Moore was Clandestinely and sereptiously obtained

Its therefore ordered by this Board that the sd Pattent granted to the afsd Maurice Moore be declared Null and Void to all intent and purposes as if the same had never been granted

The Petition of Solomon Davis Alice Billet Sarah Ward and Tamer Creech being the Children of Samuel Davis Dec'd was read and Alice Billet being called and she informeing the Board that Capt Benjamin West has disposessed her of part of the Estate left her by her sd Father without any maner of pretence that she knows of

Ordered that the sd Benjaman West attend this Board at its next siting which will be at Matichacomack Creek the Thursday following the opening of the next General Court

A Certificate from Mr John Palin Escheator General was read setting forth that there was a Tract of Land returned by him which did Escheat to the Lds proptrs lying in Nuse and Mr Receivr General Assureing this Board that Mr Edmund Gale hath pd him the Composition money therefore

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Ordered that a pattent for the sd Land doe Issue to the sd Edmund Gale Adjourned til Saturday morning

Saturday morning Ten a Clock this Board met again

The Governor haveing laid before this Board a Letter from Mr Edward Moseley directed to him dated Janry 29th 1718 which being read the Board are of opinion that the same is a seditious and scandalous Libel containing several false and Villianous reflections on the Governor and Councils proceedings

Its therefore Ordered that the sd Letter be put into the Atturney Generals hands to prosecute the sd Moseley thereupon

This Board haveing been informed that a wrong Construction is put upon a Clause in the act for raising the sum of Twenty foure Thousand pounds etc which proves a great hindrance to the receivers in their Collections of the annual Taxes (Vizt) Be it enacted if any person shall neglect or refuse by the space of three years to pay the sum of Two shillings and Six pence for every hundred of Acres as by this act is directed or if any Land held in this Goverment shall be consealed by the space of three years and no accompt given to the Clerks as by this act is directed and if it shall happen that there cannot be anything found on the sd Land where upon to Levy the forfeitures the Justices of the precinct Court where such Land lies shall have full power and authority to sell so much of the sd Lands as shall sattisfy and pay the same

Its there opinion that this Clause is binding til all the publick Bills are Sunke and destroyed and that at the expiration of the three years mentioned in the Clause (altho distress should have been once made) the Lands are still answerable for ensueing Taxes only that in less than three years neglecting or refusing to pay their Taxes distress cannot be made the sd act in another clause haveing made provissions of Ten shillings fine for every hundred acres of Land concealed.

The proceeding of the Court of Admiralty held at Williamsburg in Verginia March the 12th 1718 being Transmitted from that Government and now laid before this Board by the Governor to whome they were directed wherein there is several depositions taken against Tobias Knight Esqr Secty of this Province with an opinion of the sd Court that the sd Tobias Knight is an accessary of Pirates and that the aforesd Depossitions given in that Court so farr as they relate to the sd Tobias Knight be sent into the Governor of North Carolina to the end he may cause the sd Tobias Knight to be apprehended and proceeded against pursuant to the directions of the Act of Parliament for the more effectual suppressing piracy

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Which being duely considered of by this Board they are of opinion that Mr Knight should before any proceedings be had be served with Coppys of all matters relating to him in the Charge from the Government of Verginia and that he attend this Board the next Sitting and bring with him all papers, Orders Depossitions or any thing else he may have by him relating to Theache and the Transactions of Capt Ellis Brand Len Maynard and all others concerned in that business

Ordered that copys of all the aforsd proceeding of the Goverment of Verga be sent to Mr Knight and that time notice be given him of the Councils next sittting

The Petition of Thomas Harding Provost Marshal of Bath County was read.

Ordered that the sd Harding attend the next Council without fail

Upon Petition of John Duckenfield Shewing that his Brother William Duckenfield pattented some years a goe a Tract of Land Containing 260 Acres lying on the south side of Moratuck river being part of his Land called Warren neck which he has not seated as by Law he ought to doe prays a Lapse pattent may be granted to him for the same.

Ordered that the same be granted.

Upon Petition of William Williamson setting forth that he purchased a Tract of Land of John Smith lying at the fflat swamp Containing 250 Acres which has not been seated as the Lawe directs praying a Lapse pattent may be granted him for the same.

Ordered that ye Same be granted

The Petition of John Cotten was read Shewing that he purchased a Tract of Land of one Thomas Dyal lying at ahotsky containing 640 acres which sd Land is Lapsable for want of due seating praying a Lapse patent for the same may be granted him

Ordered that the same be granted.

Upon Petition of Thomas Miller and William Willson setting forth that they Jointly bought of Cornelius Kilspatrick a Tract of Land which was Lapsable when they made the purchase not being Seated as the proviso in the pattent directs prays that a Lapse pattent may be granted to them

Ordered that the same be granted as prayd for

Read the Petition of Aron Oliver shewing that William Hooker sold him a Tract of Land containing 500 Acres lying on Wicacone Creek which he had not seated as the proviso in the pattent mentions praying a Lapse pattent for the same

Ordered that the same be granted

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Upon petition of John Holbrook Shewing that Lawrence Tesister late of this province died Seized of a Tract of Land Containing one hundred acres adjoining to the Lands of Cary Godley on the West Shore of Chowan and that he hath made no will neither is there any Heires of the said Tessiters to be found praying a Writ of Escheat may Issue to enquire whether the sd Land doth not Escheat to the Lords proptrs and a pattent may be granted to him for the same

Ordered that a writ of Escheat doe Issue as prayd for