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Minutes of the North Carolina Governor's Council
North Carolina. Council
March 30, 1721
Volume 02, Pages 425-429

[Council Journal.]

Att a Council held at the Towne in Queen Ann Creek, March the 30th 1721
Present
The Honble Charles Eden Esqr Governor et
William Reed Esqr Lords Proprs Deputy
Richard Sanderson Esqr Lords Proprs Deputy
Fra ffoster Esqr Lords Proprs Deputy
John Lovick Esqr Lords Proprs Deputy

Read the Petition of Major Thomas Luten Shewing Robert Lasesster tooke up and surveyed and patented in the yeare 1714 a Tract of Land lying at Bennets Creek which he hath not seated and planted as the Law requires praying a Lapse patent may be granted to him for the same

Ordered that the same be granted if the sd Land is not already Lapsed by some other person

The Petition of George Durant was read setting forth that Thomas Willoway obtained for 144 Acres of Land lying in perquimons precinct which is not seated and planted according to the Tenor of the sd patent praying a Lapse patent may be granted to him for the same.

Ordered that the same be granted

Simon Jeffereys Petition was Read shewing that Author Whitehead in March 1717 obtained a patent for 640 Acres of Land lying at Moratock which is not seated and planted according to the Tenor of the sd patent praying a Lapse patent may be granted to him for the same

Ordered that the same be granted

Read the Petition of Edmund Kearney shewing that his Brother Michiel Kearney about four years since obtained a patent for 640 Acres of Land lying at Cassia, which is not seated and planted as the Lawe requires praying a Lapse patent may be granted him for the same

Ordered that the same be granted as prayed for

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Read the Petition of Jacob Colson shewing that Thomas Evant obtained a patent in the yeare 1714 for 640 Acres of Land lying at Moratock which is not seated and planted according to the Tenor of the sd Patent praying a Lapse patent may be granted him for the same

Ordered that the same be granted as prayed for

The Petition of John Bryan was read setting forth that John Naince about four yeare since obtained a patent for 640 Acres lying at Moratock which is not seated and planted as the Lawe directs your Petition therefore prays a Lapse patent may be granted to him for the same

Ordered that the same be granted

Read the Petition of John Lovick and John Plowman shewing that John Plowman in the year 1714 obtained a patent for 560 Acres of Land at Moratock which is not seated and planted as the Lawe requires praying a Lapse patent may be granted them for the same.

Ordered that the same be granted

Read the petition of Lazarus Thomas Shewing that John Thomas in the year 1713 obtained a patent for 134 acres of Land lying in Chowan which is become Lapsable for want of seating and planting praying a Lapse patent may be granted him for the same

Ordered that the same be granted

The Petition Needom Bryan was Read Shewing that Samuel Meriot in March 1717 Obtained a patent for 640 Acres of Land lying on Moratuck river which is become Lapsable for want of seating and planting praying a Lapse patent may be granted him for the same

Ordered that the same be granted

The Petition of William Crosby was Read shewing that John Smith in the yeare 1717 Obtained a patent for 640 Acres of Land lying at Potycasy which he has not seated and planted as the Lawe directs, the petitioner therefore a Lapse patent for the same

Ordered that the same be granted

Read the Petition of Robert Patterson Shewing that Gebriel Parker in March 1717 Obtained a patent for 400 Acres of Land lying at Urah Swamp which is become lapsable for want of due seating and planting praying a Lapse patent may be granted to him for the same

Ordered that the same be granted as prayed for

Read the Petition of William Whitehead Shewing that in March 1717 Robert Patterson Thomas Therby Hardy Council and Richard Washington each of them obtained a patent for 640 Acres lying on Meheron at Untouky marsh and Urah swamp neither of which have seated and planted the sd Lands as the Lawe requires praying that Lapse patents may be granted to him for each of the aforsd Tracts of Land

-------------------- page 427 --------------------

Ordered that the same be granted

Read the Petition of William Crawford shewing that John Bryan in March 1717 Obtained a patent for 640 lying at Chowan precinct which Land is become Lapsable for want of due seating and planting praying a Lapse patent for the same

Ordered that a Lapse patent Issue to the Petr

Read the Petition of John Bryan son of Edward Bryan shewing that William Crawford in March 1717 obtained a patent for 640 acres lying in Chowan precinct which become Lapsable for want of due seating and planting the petitioner therefore prays a Lapse patent for the Same and as in duty bound shal pray

Ordered that the same be granted

Read the Petition of William Crawford shewing that Abraham Blewlet in the year 1716 obtained a patent for 640 Acres of Land lying in Chowan precinct which is not seated and planted as the Lawe requires praying a Lapse patent may be granted him for the same

Ordered that the same be granted

Read the Petition of Mickiel Ricker Shewing that Andrew Stephenson obtained a patent for 88 acres of Land lying in Chowan precinct which is become Lapsable for want of due Seating and planting praying a Lapse patent may be granted to him for the same

Ordered that the same be granted

Thomas Comander and William Efferingham Exers of the last Wills and Testament of James Tooke Dec̄ed haveing been duely Cited to appeare before this Board to answer the Complaint of John Scott in behalf of his Children Thomas Scott James Tooke Scott Mary Scott Elizabeth Scott and Sarah Scott all Legatees in the sd will and the Exōrs haveing failed in their appearance

Its Ordered that another Citation doe Issue against the sd Thomas Comander and William Efferingham Comanding them to appeare at the next Council to be held at Queens Creek the third day of July next and upon their then failing of appearance to answer the Complaint afosd that Judgment be had Complainant and that for the Future it be a rule that that Libels all ways Issue with the Citations and that they answer the sconond Board after service of such Libels and Citation unless they can give sufficient reasons to this Board that further time may be allowed them

The Petition of James Bell was Read setting forth that he formerly preferred a Petition to this Board for Lapseing a peice of Land lying in Pasquotanke formerly belonging to Robert Wallace which Petition was

-------------------- page 428 --------------------
granted but a Caveat haveing been entered in the secretarys office by Coll William Reed against the patents Comeing til he was heard to the matter the Petitioner pray that Coll William Reed may be called to render reasons for putting a stop to his patent

And Coll Reed appearing and the matter argued on both sides and a decree in Chancery produced shewing that part of the Land Lapsed by Bell was granted to Robert Kiel haveing been taken out in the survey from a prior patent and this Board haveing duely Considered of the same are of opinion that the dicree in Chancery aforsd doth not invalidate the whole patent but that so much of the said Land as is not Claimed by the sd Kiel Continues firm to Robert Wallace and that if the sd Land is not seated and planted according to Lawe that the same is become Lapsable

Its therefore ordered that a Lapse patent doe Issue to the sd James Bell for so much of the Land as is found due to the sd Robert Wallace in the patent aforsd

Read the Petition of William Little Gen, shewing that Coll Thomas Boyd late of this province Dec̄d was Indebted to him a great sum of money and that the sd Boyd dyeing Intestate Admtn of his Estate was Committed to his Widow Mrs Winifred Boyd and one Benjamin West who are now both dead and the petitioner not paid his Debt from the sd Boyd Estate and there remaining Considerable of his Estate not administered upon and the Petitioner haveing made application for Admtn de bonis non being the greatest Creditor was Refused one Charles West haveing lodged a Caveat in the Secretarys Office against him he therefore prays that the sd Charles West may be Called to set forth his reasons why the Petitioner Should not have admtn granted him as prayed for

And the Atturney General Appearing in behalf of Charles West who prays for the same Admtn in behalf of the Minor John Boyd It was agreed by the parties that admtn shall be comitted to the sd William Little and Charles West Jointly in behalf of the Minor

Its therefore Ordered that Admtn be Committed accordingly

Several Complaints haveing been made to the Honble the Governor that Mr John Grey Deputy Surveyor at Moratock hath made divers entrys and Surveys of Land upon Moratock river near Uneroy one of the Settlements of the Tuskarooroe Indians which in all likelihood will if not timely prevented Create Fueds and disturbances with the sd Indians and King Blount Chief man of the sd Tuskarooroe Indians haveing been appointed to attend his honour at his house the 12th day of April next

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Its Ordered that the Surveyor General and his Deputy Mr John Grey Attend his Honour on the 12 day of April next and bring with them such warrants or Entrys as either of them have made near the sd Settlement of Uneroy that such directions may be given to the Surveyors as will prevent any future Contests thereon and in the meane while that the sd Mr Grey forbear makeing any Entrys or Surveys of Land within five Miles of the Settlement and that no Warrants Issue for Lands on the Moratock but such as are filled up by the Secretary and that Col Frederick Jones doe forthwith lay out the Tuskarooroe Settlement on Morrattuck according to the agreement made with Blount April the 4th 1721

Read the Petition of William Hancock Junr in behalf of himself and the rest of the Inhabitants of Craven precinct shewing that Bear River has been always Deemed taken and held to be the division between Beausort and Craven precincts as the most natural and equal Bound that is to say the North side of Bear River to be in Beaufort precinct and the South side to be in Craven precinct divided by the main water Course notwithstanding which the vestry and court of Beaufort have ordered their Constable and Collectors to levy money on the south side of Bear River to the great weakening and oppression of Craven precinct and More Especial it being a Frontier Settlement wherefore prays that this Board will settle the Boundarys so as may prevent all future contests thereon

Ordered that Bear River be the dividing Bound between Craven and Beaufort precinct in the manner as set forth in the Petition and that each precinct for the future send noe precepts beyond those Bounds

Read the Petition of James Farlow Junr shewing that his Father James Farlow Obtained a patent for 250 Acres lying in Chowan precinct which Lands is become lapsable for want of due seating and planting the Petitioner therefore prays a Lapse patent for the same

Ordered that the same be granted

Read the Petition of Miles Hallsey shewing that John Smith in March 1717 obtained a patent for 450 Acres of Land lying in Chowan Precinet which Land is become Lapsable for want of one seating and planting prays that a Lapse patent may be granted him for the same

Ordered that the same be granted as prayed for